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HomeMy WebLinkAboutSpecial Use Permitn'A I'tIET' J0541Mla RIVER WATER MANAGEMENT DISTRICT November 2, 1993 /Es Henry Dean, Executive Director John R. Wehle, Assistant Executive Director POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELEPHONE 904/329-4500 SUNCOM 9041860.4500 FAx(EXECUTIVEILEGAL) 3211-4125 (PEFEUTINO)3294315 (ADMNISTRATION/RNANCE) 7244508 FIELD STATIO 518 E. Scum SIMM 7$aymaadows way PERMITTING: OPERATKDNS: OrlaNa, Fbdda 32801 10. 305 East Odw 2133 N. Widh Road 4071SW-4300 0 af. 6 .1ra, Fbroa 32256 Mabouma, Fla 12 32904 Mabouma, Fbdda 329354109 C^ . nGA270 "7%5-41140 4072541782 CERTIFIED MAIL t 337 542 859 City of Sebastian �• 1225 Main Street Sebastian, Florida 32958 SUBJECT: Application Number: 4-06 Dear Sir/Madam, liol 5 o REeE�VED � o to c�ERxs The above mentioned application will be considered by the Governing Board at 1:00 p.m. on November 9, 1993, or as soon thereafter as it may come onto be heard at: the St. Johns River Water Management District Headquarters, Highway 100 West, Palatka, FL 32178. Enclosed is a copy of the Technical Staff Report (TSR), which describes the proposed project. This TSR constitutes a notice of the District's intent to grant or deny the application. Please refer to the enclosed Notice of Rights to identify any rights that you may have regarding this proposed agency action. Questions concerning this project should be addressed to PERRY JENNINGS, Engineer, in the Melbourne office (407-984-4950). S inc rely, S annon Barican, Sr. Permit Data Technician ermit Data Services Division Enclosures: Technical Staff Report Notice of Rights cc: District File Lori Dowdy, Data Management Supervisor Joe E. Hill, CHAIRMAN Patricia T. Harden, VICE CHAIRMAN Jesse J. Parrish, III, TREASURER Lenore N. McCullagh, SECRETARY LEESBURG SANFORD TITUSVILLE ORANGEPARK Reid Hughes Dan Roach William Segal Denise M. Presood James H. Williams DAYTONA BEACH FERNANDINA BEACH MAITLAND JACKSONVILLE OCALA FORM - ADM 30 NOTICE OF RIGHTS 1. A PERSON WHOSE SUBSTANTIAL INTERESTS ARE OR MAY BE DETERMINED HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING BY FILING A WRITTEN PETITION WITH THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (DISTRICT) WITHIN 14 DAYS OF RECEIPT OF NOTICE OF THE DISTRICT'S INTENT TO GRANT OR DENY A PERMIT APPLICATION OR WITHIN 14 DAYS OF PUBLICATION OF NOTICE, WHICHEVER OCCURS FIRST, AT THE OFFICE OF THE DISTRICT CLERK LOCATED AT DISTRICT HEADQUARTERS, HIGHWAY 100 WEST, PALATKA, FLORIDA. (SECTION 40C-1.511, FLORIDA ADMINISTRATIVE CODE) 2. A PERSON WHOSE SUBSTANTIAL INTERESTS ARE OR MAY BE DETERMINED HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING BY FILING A WRITTEN PETITION IN THE OFFICE OF THE DISTRICT CLERK WITHIN 14 DAYS OF RECEIPT OF NOTICE OF FINAL DISTRICT ACTION ON A PERMIT APPLICATION, IF THE GOVERNING BOARD TOOK ACTION WHICH SUBSTANTIALLY DIFFERS FROM THE NOTICE OF INTENT TO GRANT OR DENY THE PERMIT APPLICATION. (SECTION 40C-1.511, FLORIDA ADMINISTRATIVE CODE) 3. A SUBSTANTIALLY INTERESTED PERSON HAS THE RIGHT TO REQUEST A FORMAL ADMINISTRATIVE HEARING PURSUANT TO SECTION 120.57 (1) FLORIDA STATUTES, WHERE THERE IS A DISPUTE BETWEEN THE DISTRICT AND THE PARTY REGARDING AN ISSUE OF MATERIAL FACT. A PETITION FOR A FORMAL HEARING MUST COMPLY WITH THE REQUIREMENTS SET FORTH IN SECTION 40C-1.521 (2), FLORIDA ADMINISTRATIVE CODE. 4. A SUBSTANTIALLY INTERESTED PERSON HAS THE RIGHT TO REQUEST AN INFORMAL HEARING PURSUANT TO SECTION 120.57 (2), FLORIDA STATUTES WHERE NO MATERIAL FACTS ARE IN DISPUTE. A PETITION FOR AN INFORMAL HEARING MUST COMPLY WITH THE REQUIREMENTS SET FORTH IN SECTION 40C. 1.521 (2), FLORIDA ADMINISTRATIVE CODE. 5. A PETITION FOR AN ADMINISTRATIVE HEARING IS DEEMED FILED UPON DELIVERY OF THE PETITION TO THE DISTRICT CLERK AT THE DISTRICT HEADQUARTERS IN PALATKA, FLORIDA. (SECTION 40C-1.013, FLORIDA ADMINISTRATIVE CODE) 6. FAILURE TO FILE A PETITION FOR AN ADMINISTRATIVE HEARING WITHIN THE REQUISITE TIME FRAME SHALL CONSTITUTE A WAIVER OF THE RIGHT TO AN ADMINISTRATIVE HEARING. (SECTION 40C-1.511, FLORIDA ADMINISTRATIVE CODE) 7. THE RIGHT TO AN ADMINISTRATIVE HEARING AND THE RELEVANT PROCEDURES TO BE FOLLOWED ARE GOVERNED BY CHAPTER 120, FLORIDA STATUTES, AND CHAPTER 40C-1, FLORIDA ADMINISTRATIVE CODE. 8. ANY SUBSTANTIALLY AFFECTED PERSON WHO CLAIMS THAT FINAL ACTION OF THE DISTRICT CONSTITUTES AN UNCONSTITUTIONAL TAKING OF PROPERTY WITHOUT JUST COMPENSATION MAY SEEK REVIEW OF THE ACTION IN CIRCUIT COURT PURSUANT TO SECTION 373.617, FLORIDA STATUTES, AND THE FLORIDA RULES OF CIVIL PROCEDURE, BY FILING AN ACTION IN CIRCUIT COURT WITHIN 90 DAYS OF THE RENDERING OF THE FINAL DISTRICT ACTION, (SECTION 373.617, FLORIDA STATUTES). 9. PURSUANT TO SECTION 120.68, FLORIDA STATUTES, A PERSON WHO IS ADVERSELY AFFECTED BY FINAL DISTRICT ACTION MAY SEEK REVIEW OF THE ACTION IN THE DISTRICT COURT OF APPEAL BY FILING A NOTICE OF APPEAL PURSUANT TO THE FLORIDA RULES OF APPELLATE PROCEDURE, WITHIN 30 DAYS OF THE RENDERING OF THE FINAL DISTRICT ACTION. I continue on page 2 OWN NOTICE OF RIGHTS FORM - ADM 30 10. A PARTY TO THE PROCEEDING BEFORE THE DISTRICT WHO CLAIMS THAT A DISTRICT ORDER IS INCONSISTENT WITH THE PROVISIONS AND PURPOSES OF CHAPTER 373, FLORIDA STATUTES, MAY SEEK REVIEW OF THE ORDER PURSUANT TO SECTION 373.114, FLORIDA STATUTES, BY THE FLORIDA LAND AND WATER ADJUDICATORY- COMMISSION, BY FILING A REQUEST FOR REVIEW WITH THE COMMISSION AND SERVING A COPY ON THE DEPARTMENT OF ENVIRONMENTAL REGULATION AND ANY PERSON NAMED IN THE ORDER WITHIN 20 DAYS OF ADOPTION OF A RULE OR THE RENDERING OF A DISTRICT ORDER. 11. FOR APPEALS TO THE DISTRICT COURTS OF APPEAL, A DISTRICT ACTION IS CONSIDERED RENDERED AFTER IT IS SIGNED ON BEHALF OF THE DISTRICT, AND IS FILED BY THE DISTRICT CLERK. 12. FAILURE TO OBSERVE THE RELEVANT TIME FRAMES FOR FILING A PETITION FOR JUDICIAL REVIEWS DESCRIBED IN PARAGRAPHS #8 AND #9 OR FOR COMMISSION REVIEW AS DESCRIBED IN PARAGRAPH #10 WILL RESULT IN WAIVER OF THAT RIGHT TO REVIEW. 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT A COPY OF THE FOREGOING NOTICE OF RIGHTS HAS BEEN SENT BY U.S. MAIL TO: ' AT CITY OF SEBASTIAN 1225 :FAIN STREET SEBASTIAN, FL 32958 4-061-0088AM3 4;00 P.M' THIS 2ND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT P.O. BOX 1429 PALATKA, FL 32178-1429 (904) 329-4566 DAY OF NOVEMBER 19 93 PERMIT DATA SERVICES DIRECTOR, GLORIA RORMON REVISED 6/193 MANAGEMENT AND STORAGE OF SURFACE WATER TECHNICAL STAFF REPORT October 26, 1993 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(1)1(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. PROJECT DESCRIPTION DATE ISSUED PERMIT NO. * 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. .0�k ,.1 The applicant has demonstrated that the runoff generated from the proposed lots will be treated prior to discharging to the 95.4 -acre sand mine. A 15 -foot dry retention swale is proposed at the rear lot lines. After one foot of retention depth in the swale, the inflows to the lake will be via a C-type drop structure with 50 -feet of 18 - inch ADS pipe. The mine will retain the runoff from the 100-year/24- hour design storm. There are no outfall control structures proposed with this lake. The pit expansion will impact a fringe of wetland vegetation which has grown up along the present borders of the pit. The vegetation is composed largely of cattails and primrose willow with scattered areas of torpedo grass and Hydrocotyle. An extent of approximately one acre of littoral zone will be impacted as a result of the borrow pit expansion. The proposed slopes around the borrow pit extension will be similar to the present slopes and it is likely that a similar fringe of wetland vegetative will establish along the new borders. Staff believes that this project as conditioned is consistent with the goals and objectives of the District pursuant to Chapter 40C-4 and Chapter 40C-42 F.A.C.. TOTAL WETLANDS INVOLVED: TOTAL WETLANDS PRESERVED: TOTAL WETLANDS DISTURBED: TOTAL WETLANDS LOST: TOTAL WETLANDS RESTORED/CREATED: TOTAL WETLANDS ENHANCED: RECOMMENDATION: APPROVAL Unknown Unknown 1.00 0.00 0.00 0.00 CONDITIONS FOR APPLICATION NUMBER 4-061-0088AM3: GENERAL (SEE CONDITION SHEET): 1-8 SPECIAL (SEE CONDITION SHEET): 11 29, 37 OTHER CONDITIONS: CONDITIONS 1-7 APPLY TO PERMIT #4-061-0088M (VICKERS GROVE SUBDIVISION): 1. This permit for construction will expire on January 9, 1995. 2. Construction or alteration of the surface water management system must be completed and all disturbed areas must be stabilized in accordance with permitted plans and permit conditions prior to any of the following events (whichever occurs first): issuance of a certificate of occupancy, use of r A., the infrastructure for its intended use, or transfer of responsibility for operation and maintenance to a local government or other responsible entity. 3. At a minimum, all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities. To prevent reduction in storage volume and percolation rates, all accumulated sediment must be removed from the storage area prior to final grading and stabilization. 4. The data collected for the water quality monitoring program must be submitted to the District annually by January 30 of each year for the preceding calendar year using the appropriate District Form (EN -16 -EN -20) or an equivalent format approved by the District staff. 5. Prior to sale or construction of the industrial and residential lots, the permittee must submit construction plans for the water distribution system indicating that the water supply is from an off-site municipal source. 6. Permittee must continue to monitor the existing test wells for chloride content, PH, Major ions, and MSL water elevations quarterly during the remainder of the sand mining operation and during the construction and operation of the surface water management system. Prior to taking samples, each monitoring well must be flushed with 5 well volumes of water. 7. Landscape irrigation shall be done on a lot -by -lot basis with a maximum of one 2 -inch well per lot. All wells, with the exception of those west of the lake, shall be installed no deeper than the top of the clay confining unit in the consultant report overlying the tamiami limestone identified (figures 2A and 2), Geraghty and Miller, May 1988). CONDITIONS 8-15 APPLY TO PERMIT #4-061-0088M2 (VICKERS GROVE SAND MINE AND SUBDIVISION): 8. This permit for construction will expire on February 12, 1996. 9. Mining must be accomplished by wet dredge only. If dewatering is to occur within the project area, a modification to this permit and a Consumptive Use Permit must be obtained prior to any dewatering. 10. Two new monitor wells shall be installed at the locations of existing monitor wells VM -1 and VM -2. These must have 20 feet of screen and the bottom of the screened interval must be placed at the base of the Anastasia Formation. 11. The two new monitor wells shall be analyzed four times per year for major ions: chlorides, sulfate, calcium, magnesium, sodium, potassium, carbonate (field and lab) and bicarbonate; plus, roo temperature (field), specific conductance (field), pH (field and lab). The major ion analyses must balance within 5% prior to submittal. The analyses must be conducted by an FDER Certified Laboratory and the results submitted to the District within 15 days of receipt from the laboratory. 12. Monitor wells VM -6 and VM -7 must be analyzed twice per year for the parameter listed in .Condition 2 above and the results submitted to the District's Melbourne Office within 15 days of receipt from the laboratory. 13. Water levels shall be measured in all monitor wells when water quality samples are collected. These must be submitted to the District's Melbourne Office on a quarterly basis. 14. Water level and water quality monitoring shall continue as described in Conditions No. 2, 3, and 4 for a minimum of 10 years after the date of permit expiration. 15. The bottom elevation of the lake must be no deeper than 40 MSL or the bottom of the Anastasia formation or the top of the Tamiami formation, whichever is shallower. The permittee must submit as -built plans signed and sealed by a Florida Registered Professional Engineer within 30 days after completion of the mining operation certifying that the bottom elevation of the lake is per permitted plans. CONDITIONS 16-17 APPLY TO PERMIT #4-061-0088AM3 (VICKER'S SAND MINE): 16. The proposed surface water management system must be constructed as per plans received by the District on September 20, 1993 and October 4, 1993. 17. Prior to lot on unit sales, or upon completion of the borrow pit operation, whichever occurs first, the District must receive the final operation and maintenance document(s) approved by the District and recorded, if the latter is appropriate. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final document will result in the permittee remaining personally liable for carrying out maintenance and operation.of the permitted system. JENNINGS/GRONCESKI JOB\ MOSBY & ASSOCIATES, INC. SHeET NO. OF— ' '�� NQ 1507 20th Street CALCULATED "CiV DATE VERO BEACH FLORIDA 32960 CHECKED By DATE— (407) k9-0035 SCALE. ........... N, ..... . ....jj II . . ...... . . . . .. . .... ..... . ... ........ ........... 4730" . . ........ ..... ....... ... ....... ........ . ... .......... .................. ............ . . .......... Z_ L .... ...... . ......... olt \77 ?; .. ...... . .......... .. .......... -t4 ......... . ... ti ....... . ...... ... .. ..... 35 FE...... . ......... . .... ........... . ..... ....... . ..... . 1 9 -V ........ ..... ..... .. .. ....... .......... - - ------- % -V ........ ..... ..... .. .. ....... .......... - - ------- GOO POOR COPY ?:EASE REFrR TO YOUR TSR FOR THCSE COND:'::^NS WHICH A?PLY TO YOUR ?E.":- G=NERAL C0N0:::7NS Xanagement and Storage of Surface 'gate=s RU:..: OCTOBER 19, 1989 ?:ior to lot or unit sales, or upon completion of construction of the system, whichever occurs first, the 0;stract must :eceive the final operation and maintenance documents) ap- proved by the Oistrict and recorded, if tree latae: :s aoorooriate. For those systems whicn are proposed to ae lantaz-ed by county cr municipal entities, final operas_-.• and mainzenance documents must be received by the District wnen maintenance and operation of the system :s acceotea ay tie :o=a1 government entity. Failure to submit she ap- o:oo:.ate final document will result in the permizzee for carrying out maintenance and ema-,n:ng personally liable operation of the permitted system. A1: construction, ooe:ation and maintenance sha-1 ^e as se-. the plans, spec --_cations anc per`_or-ante c:_t=_r.a as approved 'cy -..is District aushorized staff, upon Mroper ldent__L=at_c.n., --- have zermisston to enter, inspect and observe the system '_c -sure =on:crm.ty with the plans and spec___catzons aooravad by t -e pezm;.Z. :a- e:s must be -nsta_-ed a- a1--i=a'_p-s w!te re t -e pcssibil.ty of transferring suspenced so:ids -nta the =ece:v-n; -daterbody exists due Co tine oro7ased '40:k. rotdisy barriers must remain in place at ail-ocat:ohs -cnstructian is completed and soils are sta!DI`:ed and vecsta- s:on has been established. :hereafter the oermitsee will oe resocnslole for the removal of the oarr:ers. The operation phase of the permit shall not become effective until a 7lorida Registered professional :ngineer cer::::es tnat all facilities have been constructed in accordance w:_ -I s!l3 design a.proved by the Distract. Within 30 days alae: _amolern .proved construction of t -e surface water-anaaement =vl-em, the permittee s.a su.9mLt the fpllpwLng: cdlnolet-'an certification reoort signed and sealed by the 2.=.: and when ae completed system suostantia--v differs from permitted clans, :wo sets of record (as built) plans whicn :eflecs tate surfacem•mater management system as actually constructed. Tn:s sup -:t31 -L11 s4-ve to ndtify the District staff that tale facia:::es are ready for inspection and approval. The perml- 10 cannot be transferred to the responsible opera=ion and main- tenance entity a?proved by the District until construction c; e eo,To.eted surface water management system is approved ov the Z;.St:._-. anv otner requlatary adencv should :equi:s revisions -odi::ca_:_n to the permitted project, the Dist _^t .s to be not:._ed c`. the revisions so tnat a determinationCan pe made wnetner a permit modification is required. 1, ;he District must be notified, in writing, within 30 days of any sale, conveyance, or other transfer of a permitted system or facility or within 30 days of any transfer of ownersnip or control of the real property at which the permitted system o: facility is located. All transfers of ownership or transfers of a permit are subject to the requirements of cnapter 40C -i. 3, ;he ue:ml_tee must require the contractor to :eview anJ maintain a CODV of this permit, comolete witli all conditions, attacnments, exhibits, and permit modifications in good condi- tion and posted at the same location as other agency permits on the construction site. .he complete. permit copy shall me availaole for review upon request by District -representatives. M '4 VM, .W41 POOR COPY MANAGEMENT AND STORAGE 0: SURFACE WATERS/STORMWATER SPECIAL CONDITIONS OCTOBER 19, 1989 Duration and Comoletion This. permit for construction will expire five vears from the date_ of issuance. Construction or alteration of the surface water manag'ement system must be completed and all disturbed areas must be stabilized in accordance with permitted plans and oermit conditions orior to anv of the following events (whichever occurs first): issuance of a certificate of occupancy; use of the infraistructure for its intended use; or transfer of responsibility for operation and maintenance to a local government or other responsible entity. Conce_mtual Pursuant to section 3.4.2(s) of the MSSW Aoolicant's Handbook, this permit does not authorize any construction., operation, or alteration of the proposed system. This Conceptual Approval permit is valid for twenty years from the date of issuance, provided that construction of the initial phase of the system is permitted and construction undertaken within two years of the issuance of this conceptual approval -permit, and provided that all ohases of the system are designed and built in accordance with the terms of the conceptual approval permit.and that all required permits for subsequent phases are obtained. -The =ermittee must the bistrict prior phases or any other this permit. High Maintenance Svstems obtain a General or Individual permit from to beginning construction of subsequent work not specifically authorized by At a.minimum, all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within Lhe area to be served by those facilities. To prevent reduction in storage volume and percolation rates, all accumulated sediment must be removed from the storage area prior to final grading and stabilization. %• A registered Professional Engineer (?.E.) or his or her desig,ea must be on-site to verify that the filtration constructed accordingto las. system P.E.is subm'- a sig, the permitted plans. This .Emus- - signed and sealed inspection report to the District using form number EN -42 within 30 days of completion of the filter system. An annual inspection of the filter system must be made by a P.E. or his or her designee in the month of May. A signed and sealed inspection report must be submitted to the District by the inspecting P.E. within 30 days of the inspec-icn date. If the filtration system is not functioning as designed and permitted, maintenance must be performed immediately and reported in the annual inspection measuresreport. If maintenance measures are Insufficientto enable the system to meet the design and performance standards in chapter. 40C-42, t. permittee must obtain District approval of an alternate design, A P.E. or his o_ ^h_r designee must inspect the pump system (including Dumps and appurtenant works) in Mav of each year. The inspecting P. -, must submit a signed and sealed the District using form number EN -35 w r-?Ot� to inspection certifying) tem i 30 operating the that the pump system is operating as designed and permitted. If the Dump system 1s not operating as designed and permitted, maintenance must be performed immediately to restcre the system to permitted operating s?ecifications. All necessary maintenance must be described by the P.E. as Dart of the annual report. If maintenance measures Prove insuf:iV ent to restore the system to permitted operatic - s pecifications, the permittee must Obtain Dist -i__ ap_- v 1 an alternative design.^o a- °' '• A Registered Professional ofessional engineer or his or her designee mus_ be onsite to ensure that the exfiltration system is constructed according to the permitted plans. within 30 days of installation, the Professional Engineer must submit a signed and sealed report (EN -42) to the District certifying that the exfiltration system is installed in accordance with the Permitted plans. Inlets to exfiltration systems must be inspected and cleaned of debris and sediment on a quarterly basis in February, may, August, and November bf each year. If the system becomes clogged, maintenance measures must be taken to ensure the system iwill function as designed. If maintenance measures Drove nsufficient to restore the system to permitting operating pecifications, the permittee must obtain District approval of an alternate design that will perform the same function.' wet Detention 10. The littoral zone of the wet detention system, as shown on the approved plans, must be vegetated with a mixture of native herbac:withinous vegetation, achieving an 80% cover 18 monthsOf completion of the system. At least an 80% cover musbe maintained in perpetuity. POOR COPY 1l• Monitor ng _e ports littoral zone vegeta?rCOp'e5J evaluating the establishment of within 30 days fol,.on must be submitted to the District after comb owing completion of the s e I _-- le _pn, The initial Yst_m and 18 Moral zone has been report must verifymonths the to initiate establishmentnofrac,ed and describe hehmethods used report must contain the following.egetaL_ve.cover• The 1 r percent lsurvivalzone sinceeoriginalI Percents coverage by spec mo nth D_-cent littoral g ion lab-lite ' description of all maintenance mea 4. a.°oldaabil);iand a 2 Al'_ activities necessary Zone as requi-ed by DermiL'edstdblish the vegetated i-_ permit plans 1--_oral 07- (whichever be completed prior to anyd °-her conditions pf tti:_ OCGUrs first): =SSU °• ir the i0110Wi np eVe.. is Occupancy; the - ante O; file - trans:eryOf l'se O: infrastructure first cerLif iCate p: r spcnsibilit-voperationfor its intend= system to nor and maintenance d use; a iota_ Government or other reand y._ or, Kars- Sensitive ?'was sible ` 13. "._limestone punter bedrock is enc retention basins or a sinkhole red during construction o construction °- solution cavityr f the cors. ,—.'.on of the-basin forms during irmediately and a nest be-halted modi_� :h_ District must be notified. ' Kation of this Derm't may be required. At 53t t, time, a . 14. The permitter must visua i manacement basins monthly rnsD9C� all De +pitted surface docunent Y �o_ the Occurrenceoand these inspections on D' of sinkholes and Number EN33 District Condition Two copies of the completed Compliance Form to fir District annuall b forms must e Y Y Nay 31st of each year: b" sent 13 o Su aceewate-tmanagemeanynt ssinkhole that develops within District of any sinkhole development inmust must no twater management system within 42 hours of its discovery and must submit a detailed sinkhole repair pla such discovery for written apn within 30 days of proval by the District staff. Wer-land ore ' servation/Creation ' 16. All wetland areas Or water bodies that a_ the specific limits of construction authorizedby tof his Dermic must be protected from erosion, siltation, scouring or excess turbidity, Y this • Y. and dewatering. 17• The permittee must submit two copies of an as-built survey of suthe wetland creation areas certified by a registered rveyor Or Professional engineer showing dimensions, ' ground elevations The as-built m, and water surface elevations. ust be submitted with the first monitoring report. POOR COPY 19• within the wetland creation areas, nor. -native vegetation, cattails (Typha spp.) and primrose willow (Ludwiga neruvianna), must be controlled by hand clearing or other methods approved by the District so that they constitute no more than 10% of the areal cover in each stratum. 19. Prior to construction, the Permittee must clearly designate the limits of construction on-site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, is a violation of this Permit. 20. The wetland creation areas must be Planted prior to any V the following events (whichever occurs first): issuance of the first certificate of occupancy; use of the infrastructure for its intended use; or transfer of responsibility for operation and maintenance of the system to a local government or other responsible entity. 21. within 30 days of completion of initial Planting, the permittee must .submit to the District for review and approval a plan detailing the site-specific methods. to be used for monitoring _Me wetland creation areas so that achievement of success criteria can be clearly demonstrated. The plan must include such information as the size, location and number of monitoring quadrants, the location and number of photographic stations, and other pertinent factors to demonstrate achievement of success criteria. 22. The permittee must furnish the District with monitoring reports for the wetland creation area(s) describing: A. Percent survival and diversity of planted species within each stratum; S. Recruitment density and composition within each stratum; C. Recorded growth via established parameters for planted trees and shrubs; D. Percent cover of herbaceous species; �. Surface water elevation referenced to N.G.v.D., or if surface water is not present, groundwater elevation referenced to N.G.V.D.; and F. Wildlife utilization. The data must be collected and submitted semi-annually, once during the wet season (August -September) and once during the dry season (March -April) for a total period of 3 years following initial planting. Reports to the District must also include photographs, descriptions of problems encountered, and solutions undertaken. POOR COPY 23. Successful es_ablishment of the wetland creation area will'have occurred when: A. At least 80 percent of the planted individuals in each -2 stratum have survived and are showing signs of normal annual crowth, based upon standard growth parameters such as h€fight and base diameter, or canopy circumference; - B. At least 80 percent cover by appropriate wetland herbaceous soecies has been obtained; and C. The above criteria has been achieved by the end cf a 3.-zear oeriod following initial planting.' 24. -f successful establishment has not occurred as stated a.bob's,_. _:^.e permittee must apply to the District for a permit modification no later than 30 days following the termination of the 3 year monitoring period. The application must include a narrative describing the type and causes of failure and contain a comolet=_ set of plans for the redesign and/or replacements planting of the wetland creation area so that -the success . criteria will be achieved. Within 30 days of District aporoval and issuance of the permit modification, the permittee mus,.• '- implement the redesign and/or replacement planting. Follow&hg completion of such work, success criteria as stated above or modified by subsequent permit must again be achieved. in s addition, the monitoring required by these_ conditions must -be" conducted. c - 25. Within 30 days of any monitoring event that indicates 509 or greater mortality of planted wetland species in any stratum= within the mitigation area, the.aoclicant must submit a - remediation program for District staff review and aocroval.0 26. Prior to initiating any construction, the permittee must teeord a conservation easement on the real property pursuant to section 704.06, F.S., prohibiting all construction including clearing, dredging, or filling, except that which is s_oecifically authorized by this permit within the wetland creation, wetland' enhancement, and uoiand conservation areas as delineated on -the final olans as approved by the District. The easement musa-- contain provisions as set forth in paragraphs 1(a) -(h) of 'e= section 704.06, F.S., as well as provisions indicating that -they may be enforced by the District and may not be amended without District approval. Within 30 days of the date of issuance of this permit and prior to recording, said easement must be submitted to the District for review and approval. Within 30 days of receipt of District approval, the permittee must provide the District with a certified copy of the recorded easement showing the date it was recorded and the official records book and page number. POOR COPY 27. Prior to initiating any construction, the permittees mus- record a deed restrictions on the real property pursuant to section %04.06, ?.S., Prohibiting all construction including clearing, dredging, or filling, except that which is specifically authorized by this permit within the wetland creation, wetland enhancement, and upland conservation areas as delineated on the final plans as approved by the District. The restrictions must contain provisions as set forth in paragraphs 1(a) -(h) of section 704.06, F.S., as well as provisions indicating that theev may be enforced by the District and may not be amended without District approval. within 30 days of the date of issuance of this permit and prior to recording, said restrictions must be submitted to the District for review and approval. Within 30 days of receipt of District aop=Oval, the OermiztM must provide the District with a certified copy of the'recorzed restrictions showing the date it was recorded and the official reccrds book and pace number. _^Psion and Sediment Control 28. The permittee must submit two copies of an erosion and sediment control plan detailing measures to be taken during construction to prevent the discharge of turbid water or eroded soil to adjacent properties, wetlands, or water bodies outside of the specific limits of construction approved by this permit. Said Plan must be submitted to the District for staff review and written approval at least 14 days prior to the initiation Pf construction. The approved plan must be provided to and discussed with the construction contractor prior to the initiation of construction. 29.. rermittee must select, implement, and operate all erosion and sediment control measures required to retain sediment on-site and to prevent violations of water quality standards as specified in chapters 17-3011 17-302, and 17-4, F.A.C. The permittee is encouraged to use appropriate Best Management Practices for erosion and sediment control as described in the Florida ianei 30. The Permittee must construct and maintain a permanent protective vegetative and/or artificial cover for erosion and sediment control on all land surfaces exposed or disturbed by construction or alteration of the Permitted project. Unless modified by another condition of this permit or specified otherwise on a District -approved erosion and sediment control plan, thig protective cover must be installed within fourteen (14) days after final grading of the affected land surfaces. A permanent vegetative cover must be established within 60 days after planting or installation. The permittee must maintain cover ort adjacent ground surfaces which may be impacted by construction activities until the District receives the -NE. certification that the project is constructed according to the permitted plans. 1 1" -ecrated Pest Manacement Plan/Golf Course 31. within 90 days of the beginning o? construction or prior to explication of any pesticides to the project area, whichever occurs first, the permittee must obtain District approval of a site specific, integrated Pesticide Management Plan. The management plan must specify the usage of non -chemical or cultural means as the primary defense against nuisance and/or destructive pests. These non -chemical measures should include practices such as: the planting and maintenance of native vegetation where possible; the use of pest and/or disease tolerant vegetation; the proper selec:on and application of fartilizer; proper supplemental watering.; the use of mulch for _ weed control, and proper maintenance practices including now ng recuencv, mowing.heicht, mechanical dethatching, removal of dying or dead vegetation, etc. The plan must also include information on the following:.. a. T-.n.secticides, nematicides, fungicides or herbicides to be used; b. Methods) of application;' C. Time frames for use and application; and d. =or the pesticides that will be used, specification of: - Falf-lives - N-Octanol/water partition coefficient ({ow) -"" - Lethal dose coefficient (LD50) - Solubility Anv pesticides selected must exhibit a short half-life (<10 weeks), a low n-octanol/water coefficient (<5.0), and be suitable for use with local seals and groundwater pH conditions. The use of organochlorides and other pesticides either listed by :PA as cancelled or suspended, or othsrwise prohibited by state or federal law is not allowed. 32.. The permittee must adhere to the fertilizer recommendations set forth in the manual for commercial turf crass manacement by the University of Florida compiled by the Florida Turf -Grass Association. The nutrient loading attributable to the application of effluent shall be considered a source of fertilizer for the golf course and additional non -effluent fertilizer sources shall be utilized only as a supplement. water Quality Sampling 33. All water quality data must be submitted to the District within 14 days of'receipt of the analytical laboratory report using the appropriate District form (EN -16 - EN -20) or an equivalent format approved by District Staff. 34. The data collected for the water quality monitoring program must be submitted to the District annually by December 31 of each year using =he appropriate District form (u7-16 - EN -20) or an equivalent format approved by District staff. 35. After 5 years of monitoring, the Permittee may request a modification of the Parameters and frequency of the monitoring program by demonstrating tat the collected data represents steady state conditions, is sufficient to establish baseline ranges for indicator parameters and provides an adequate basis for evaluating the projects compliance with state water Duality standards. 36. Within 30 days of the issuance of this permit, the Permittee must sutmit a site specific quality assurance Plan for approval by District staff. The quality assurance plan must conform with EDER Guidelines for ?repa*ing Quality Assurance Plans (CER -CA -001/85, dated January 30, 1986). MISPECTTQN -M,- TS 37. The operation and maintenance entity shall submit inspection reports to the District two years after the operation Phase permit becomes effective and every two years thereafter on District form IN -46. The inspection form must be signed and sealed by an appropriate registered professional. 38. The operation and maintenance entity shall submit inspection reports to the District two years after the operation Q� Phase Permit becomes effective and every two years thereafter on District form EN -47. 39. The operation and maintenance entity shall submit inspection reports to the District one year after the operation Phase Permit becomes effective and every two years thereafter on District form EN -46. The inspection form must be signed and sealed by an appropriate registered professional. 40. The permittee must maintain hour meters, in operating order, on each drainage pump. If the hour meters are not in= alled at the time of P ermit issuance the issuance of the P Ym ut t be stalled within 60 days of the Pump must be submitted t the Districit. Reports of t � aiterlyng singhourfor each Provided by the District. quarterly, using forms ? 4 41. The permittee must maintain a staff gauge, referenced to NGVD, in each detention pond. If the staff gauges are not installed at the time of permit issuance, they must be installed within 60 days of the issuance of the permit. Water levels must be recorded a minimum of 3 nonconsecutive days per week, or as an alternative, once a week and daily during pump operation. Reports of water levels for each pond must be submitted quarterly to the District using forms provided by the District. 42. The permittee must monitor the water quality on a quarterly basis at each discharge point from pumps or pond outfalls to waters of the state. If no discharge has occured during a particular quarter, no sampling is required. Water samples must be analyzed for the parameters listed in Table 1. Water samples must be analyzed by a laboratory certified by the Florida Department of Health and Rehabilitative services. 43. If, after five years of water quality monitoring, the Permittee demonstrates that the data collected represents steady state conditions and is adequate to Project future compliance with state water quality standards, the District shall amend the monitoring conditions by reducing the frequency of monitoring or the number of parameters monitored, or eliminating such requirements. 44. If, after five years of water quality monitoring, the District notifies the permittee in writing that discharges from the surface water management system have not complied with the performance standards described in subsections 40C-44.065 (1) and (2), F.A.C., then the permittee must apply for an individual permit. 45. If, after one year of water quality monitoring, the district notifies the permittee in writing that discharges from the surface water management system have not complied with the performance standards described in sections 40C-44.065 (1) and (2), F.A.C., then the permittee must apply for an individual permit. WATER MANAGEMENT DISTRICT A CERTIFIED MAIL 4337 5-= 832 Y2 OCT)"cR 22r 1093 _ �3-i ^i1' Henry 3/ Dean, Executive Director fO'wnn R Wehle, Assistant Executive Director POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELEPHONE 904/329-4500 SUNCOM 904/860-4500 FAX (EXECUTIVE/LEGAL) 329-4125 (PERMITTING) 329-4315 (ADMINISTRATION/FlUANCE) 329-4508 FIELD STATIONS 618 E. South Sheet 7775 Bayrrxaedows Way PERMITTING: OPERATIONS: Orlando, Florida 32801 Suite 102 305 East Drive 2133 N. Wickham Road 407/897-4300 Jackao ville, Florida 32256 Melbourne, Florida 32904 Malbourne, Plonda 32935-8109 904/730-6270 407/984-4940 407/254-1762 HENRY A. iiCAt; f 0.'.S. POOP COPY POST CF=IC_ 3U:( 7;i0 7 i SERASTI'trr FL 3:97,: 0-: %CTICE OF .�OARJ C:'%SIDERATION OF PERMIT APPLICATIOt NU" ER a—Co1-0388A13 IN INDIAN RIVER C3UNTY DEAR SIR: THE STAFF OF THE ST. J04NS RIVES WATER MANAGEMENT DISTRICT IIAS CON.PLcT!) ITS R=V'ci JF THE AcGVE—REFERENCED APPLICATION. =%CLOSED IS A CO?Y )F TIE TZCHNICAL STAFF REPORT (TSR).dHICd STATES THAT STAFF «ILL 4EC01MEN) APPROVAL OF THE APPLICATION 'WITH TIJO'i= C0,10ITI0vS CONTAINED I"J THE TSR. THIS TSR' CONSTITJTES A NOTICE OF JISTR!CT INTENT T.0 GRANT THE PERMIT APPLICATION. IF YOU oli AGREE WIT4 ANY PART OF THE TSRe YOU S400JLD I'A"EOTAT-LY CO`iTACT The DISTRICT STAFF TO DISCUSS YOJP CONCEPNS. PLEASE REF7_R TO THE=NCLOSED NOTICE OF RIGHTS WHICH ^ESCRIPES ANY RIGHTS YUJ MAY HAVE .AND IMPORTANT TIME FRAMES RESARDI4G THE PAC?03ED AGENCY ACTION. Y:L ARE E'iTITLE:' TO aODJESS T4E GOVERNI.'IG 83ARD CONCERNING THE A" LICATION. HC'dEU=Rr :4HETHER YOU DO SO OR NOT IS SOLELY YOUR D=C,SIO` OGJECTICIS WHICH THE DISTRICT HAS RECEIVED C'DPC-4Ni2:5 TnE A_OVE—REFERENCED APPLICATION ARE PROVIDED TO A'S,_T Y^J IN PaE°ARIAG ANY PRESENTATION TO THE GOVERNING 90AkD. TPE STAFF RECOM*END4TIJN, A4Y PREESE'NTATION BY YOU OR OTHERS. A D AiiY '�dJECTIOi+S .TILL 3E CONSIDERED Iw THE 90ARD'S FINAL P_R`"IT DECISI)N. TIE GOVERNING 90A?D 'WIL'L CONSIDER YOUR APPLICATION AT 1:03 ?.". NOV_Y..ER Rp 1443, OR AS SOON THEREAFTER AS IT HAY CO+E 0':T0 iE HEARD AT: ST. JOHNS RIVER WATER MANAG3'"E:vT DIST<ICT H1--.4)QUArRTERS, HIGHWAY 100 WESTP PALATKAr FLO?IDA 32175. i11CoLTr S,IAtr;ON-A+iICr'vr '3R. 'e'`:IT DATA. TECHNICIAN PF-F'IIT -)ATA SeRVICcS JIJISION CC: DIST4ICT F_L= LORI OOWDYr DATA MANAGEMENT SUPERVISOR :GENT: ^C.e'.r ANI ASSCCI.',T?Sr INC. Joe E. Hill, CHAIRMAN Patricia T Harden, VICE CHAIRMAN Jesse J. Parrish, III, TREASURER Lenore N. McCullagh, SECRETARY LEESBURG SANFORD TITUSVILLE ORANGE PARK Reid Hughes Dan Roach William Segal Denise M. Prescod James H. Williar DAYTONA BEACH FERNANDINA BEACH MAITLAND JACKSONVILLE OCALA x I NOrjLF_QF_RjQHI$ 1. A PERS3N WHOSE SUBSTANTIAL INTERESTS ARE OR MAY BE DETERMINED HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING BY FILING A WRITTEN PETITION WITH T9 -5 --Sl. JOHNS RIVER WATER MANAGEMENT DISTRICT'(DISTRICT) WITHIN 14 DAYS OF RECEIPT OF NOTICE OF THE DISTRICT'S INTENT TO GRANT OR DENY A PERMIT APPLICATION OR WITHIN 14 DAYS OF PUBLICATION OF NOTICE, WHICHEVER OCCURS FIRST, AT THE OFFICE OF THE DISTRICT CLERK LOCATED AT DISTRICT HEADQUARTERS, HIGHWAY 100 WEST, PALATKA, FLORIDA (SECTION 4OC- 1.511, FLQRjDA_AQM;NjSIRbTjyF_4QDF). 2. A PERSON WHOSE SUBSTANTIAL INTERESTS ARE OR WAY BE DETERMINED HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING BY FILING A WRITTEN PETITION IN THE OFFICE OF THE DISTRICT CLERK WITHIN 14 DAYS OF RECEIPT OF NOTICE OF FINAL DISTRICT ACTION ON A PERMIT APPLICATION, IF THE GOVERNING BOARD TOOK ACTION WHICH SU3STANTIALLY DIFFERS FROM THE NOTICE OF INTENT TO GRANT OR DENY THE PERMIT APPLICATION (SECTION 40C-1.511. FLQRIDA_ ADM;Nj5TRAI;Vf_LQQF). 7. A SUBSTANTIALLY INTERESTED PERSON HAS THE RIGHT TO REQUEST A FORMAL ADMINISTRATIVE HEARING PURSUANT TO SECTION 120.57(1), wo fL22121_jj6JVIE�, WHERE THERE IS A DISPUTE BETWEEN THE Co DISTRICT AND THE PARTY REGARDING AN ISSUE OF MATERIAL FACT. A PETITION FOR A FORMAL HEARING MUST COMPLY WITH THE RE'iUIREMENTS SET FORTH IN SECTION 40C -1.521(2)r FLQR;DA_ aoMjyjsIgAIjy�_�4Q€. � 4. A SUBSTANTIALLY INTERESTED PERSON HAS THE RIGHT TO REQJEST AN INFORMAL HEARING PURSUANT TO SECTION 120.57(2). FLQR;D4_ �jATJjZe, WHERE NO MATERIAL FACTS ARE IN DISPUTE. A PETITION FOR AN INFORMAL HEARING MUST COMPLY WITH THE REQUIREMENTS SET FORTH IN SECTION 40C.1.521(2), fLQgjog_Anr�;y;�IRAjjyg_�QQ;. 5. A PETITION FOR AN ADMINISTRATIVE HEARING IS DEEMED FILED UPON DELIVERY OF THE PETITION TO THE DISTRICT CLERK AT THE DISTRICT HEADQUARTERS IN DALATKA, FLORIDA (SECTION 40C-1.013, fjOgIDA_ 5. FAILURE TO FILE A•PETITI-ON FOR AN ADMINISTRATIVE HEARING WITHIN THE REQUISITE TIME FRAME SHALL CONSTITUTE A WAIVER OF THE RI,;HT TO AN ADMINISTRATIVE HEARING (SECTION 40C-1.313, FLQR;DA_ADMjN;SjgAfjVL_C�ODj). 7. THE RIGHT TO AN ADMINISTRATIVE HEARING AND THE RELEVANT PRDCEDJRES TO dE FOLLOWED ARE GOVERNED BY CHAPTER 120, FLQR;DA_ STAIIJjES, AND CHAPTER 4OC—i, FLOg;DA_ADMINI,�jRAjIyF_CODE. 3. ANY SUBSTANTIALLY AFFECTED PERSON WHO CLAIMS THAT FINAL ACTION OF THE DISTRICT CONSTITUTES AN UNCONSTITUTIONAL TAKING OF PROPERTY WITHOUT JUST COMPENSATION MAY SEEK REVIEW OF THE ACTION IN CIRCUIT COURT PURSUANT TO SECTION 373.617, f_ORI)A Jj.ATUjFj, AND THE FLORIDA RULES OF CIVIL PROCEDURE. BY FILING AN ACTION IN CIRCUIT COURT WITHIN 90 DAYS OF THE RENDERING OF THE FINAL DISTRICT ACTION (SECTION 373.617, FLQRjDj_jTaT'JT__). t 9. PURSUANT TO SECTION 12J.68, pL2Rj29_5jAjQjg�, A PERSON WHO IS ADVERSELY AFFECTED BY FINAL DISTRICT ACTION MAY SEEK REVIEd OF THE ACTION IN THE DISTRICT COURT OF APPEAL BY FILING A NOTICE OF APPEAL PURSUANT TO THE f�QR�P9_RQLFS_QF_APg,��AIE. PROC_QURE, WITHIN 30 DAYS OF THE RENDERING OF THE FINAL DISTRICT ACTION. 10. A PARTY TO THE PROCEEDING 3EFORE THE DISTRICT WHO CLAIMS THAT A DISTRICT ORDER IS INCONSISTENT WITH THE PROVISIONS AND PURPOSES OF CHAPTER 373, f�QRj�A_RTAjyTBR, MAY SEEK REVIEW OF THE ORDER PURSUANT TO SECTION 373.114, FLQRIDA_SjATUTES, BY THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION. BY FILING A RE)UEST FOR REVIEW WITH THE COMMISSION AND SERVING A COPY ON THE DEPARTMENT OF ENVIRONMENTAL REGULATION AND ANY PERSON NAKED IN THE ORDER WITHIN 20 DAYS OF ADOPTION OF A RULE OR THE RENDERING OF A DISTRICT ORDER. 11. FOR APPEALS TO THE DISTRICT COURTS OF APPEAL, A DISTRICT ACTION IS CONSIDERED RENDERED AFTER IT IS SIGNED ON BEHALF OF THE DISTRICT AND I5 FILED 3Y THE DISTRICT CLERK. 12. FAILURE TO OBSERVE THE RELEVANT TIME FRAMES FOR FILING A PETITION FOR JUDICIAL REVIEWS DESCRIBED IN PARAGRAPHS 48 AND 49 OR FOR COMMISSION REVIEW AS DESCRIBED IN PARAGRAPH 410 GILL RESULT IN WAIVER OF THAT RIGHT TO REVIEW. CERTIFICATE OF SERVICE j_HEREB%_CERTIFY THAT A COPY OF THE FOREGOING NOTICE OF RIGHTS :TAS BEEN SENT BY U.S. MAIL TO: HENRY A. FISCHER, J.D.S. P.O. BOX 760068 SEBASTIA.'1, FL 32973 AT 4_QO_Pi.M3 THIS �_%_:DAY OF 4Sb4B�R1911_, PERMIT DATA SERVICES DIRECTOR, GLORIA ROBERS04 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT P.O. BOX 1429 P.ALATKA, FL 32178-1429 (904) 329-4566 4—J61-0088AM3 MANAGEMENT AND STORAGE OF SURFACE WATER TECHNICAL STAFF REPORT October 26, 1993 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(1)1(2)(b)f 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. PROJECT DESCRIPTION DATE ISSUED PERMIT NO. * 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. The applicant has demonstrated that the runoff generated from the proposed lots will be treated prior to discharging to the 95.4 -acre sand mine. A 15 -foot dry retention swale is proposed at the rear lot lines. After one foot of retention depth in the swale, the inflows to the lake will be via a C-type drop structure with 50 -feet of 18 - inch ADS pipe. The mine will retain the runoff from the 100-year/24- hour design storm. There are no outfall control structures proposed with this lake. The pit expansion will impact a fringe of wetland vegetation which has grown up along the present borders of the pit. The vegetation is composed largely of cattails and primrose willow with scattered areas of torpedo grass and Hydrocotyle. An extent of approximately one acre of littoral zone will be impacted as a result of the borrow pit expansion. The proposed slopes around the borrow pit extension will be similar to the present slopes and it is likely that a similar fringe of wetland vegetative will establish along the new borders. Staff believes that this project as conditioned is consistent with the goals and objectives of the District pursuant to Chapter 40C-4 and Chapter 40C-42 F.A.C.. TOTAL WETLANDS INVOLVED: Unknown Wo TOTAL WETLANDS PRESERVED: Unknown TOTAL WETLANDS DISTURBED: 1.00 TOTAL WETLANDS LOST: 0.00 ��yryy TOTAL WETLANDS RESTORED/CREATED: 0.00 TOTAL WETLANDS ENHANCED: 0.00 RECOMMENDATION: APPROVAL CONDITIONS FOR APPLICATION NUMBER 4-061-0088AM3: GENERAL (SEE CONDITION SHEET): 1-8 SPECIAL (SEE CONDITION SHEET): 11 29, 37 OTHER CONDITIONS: CONDITIONS 1-7 APPLY TO PERMIT #4-061-0088M (VICKER'S GROVE SUBDIVISION): 1. This permit for construction will expire on January 9, 1995. 2. Construction or alteration of the surface water management system must be completed and all disturbed areas must be stabilized in accordance with permitted plans and permit conditions prior to any of the following events (whichever occurs first): issuance of a certificate of occupancy, use of .WN .%k the infrastructure for its intended use, or transfer of responsibility for operation and maintenance to a local government or other responsible entity. 3. At a minimum, all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities. To prevent reduction in storage volume and percolation rates, all accumulated sediment must be removed from the storage area prior to final grading and stabilization. 4. The data collected for the water quality monitoring program must be submitted to the District annually by January 30 of each year for the preceding calendar year using the appropriate District Form (EN -16 -EN -20) or an equivalent format approved by the District staff. 5. Prior to sale or construction of the industrial and residential lots, the permittee must submit construction plans for the water distribution system indicating that the water supply is from an off-site municipal source. 6. Permittee must continue to monitor the existing test wells for chloride content, PH, Major ions, and MSL water elevations quarterly during the remainder of the sand mining operation and during the construction and operation of the surface water management system. Prior to taking samples, each monitoring well must be flushed with 5 well volumes of water. 7. Landscape irrigation shall be done on a lot -by -lot basis with a maximum of one 2 -inch well per lot. All wells, with the exception of those west of the lake, shall be installed no deeper than the top of the clay confining unit in the consultant report overlying the tamiami limestone identified (figures 2A and 2), Geraghty and Miller, May 1988). CONDITIONS 8-15 APPLY TO PERMIT #4-061-0088M2 (VICKER'S GROVE SAND MINE AND SUBDIVISION): 8. This permit for construction will expire on February 12, 1996. 9. Mining must be accomplished by wet dredge only. If dewatering is to occur within the project area, a modification to this permit and a Consumptive Use Permit must be obtained prior to any dewatering. 10. Two new monitor wells shall be installed at the locations of existing monitor wells VM -1 and VM -2. These must have 20 feet of screen and the bottom of the screened interval must be placed at the base of the Anastasia Formation. 11. The two new monitor wells shall be analyzed four times per year for major ions: chlorides, sulfate, calcium, magnesium, sodium, potassium, carbonate (field and lab) and bicarbonate; plus, temperature (field) , specific conductance (field) , pH (field and lab). The major ion analyses must balance within 5% prior to submittal. The analyses must be conducted by an FDER Certified Laboratory and the results submitted to the District within 15 days of receipt from the laboratory. 12. Monitor wells VM -6 and VM -7 must be analyzed twice per year for the parameter listed in Condition 2 above and the results submitted to the District's Melbourne Office within 15 days of receipt from the laboratory. 13. Water levels shall be measured in all monitor wells when water quality samples are collected. These must be submitted to the District's Melbourne Office on a quarterly basis. 14. Water level and water quality monitoring shall continue as described in Conditions No. 2, 3, and 4 for a minimum of 10 years after the date of permit expiration. 15. The bottom elevation of the lake must be no deeper than 40 MSL or the bottom of the Anastasia formation or the top of the Tamiami formation, whichever is shallower. The permittee must submit as -built plans signed and sealed by a Florida Registered Professional Engineer within 30 days after completion of the mining operation certifying that the bottom elevation of the lake is per permitted plans. CONDITIONS 16-17 APPLY TO PERMIT #4-061-0088AM3 (VICKER'S SAND MINE): 16. The proposed surface water management system must be constructed as per plans received by the District on September 20, 1993 and October 41 1993. 17. Prior to lot on unit sales, or upon completion of the borrow pit operation, whichever occurs first, the District must receive the final operation and maintenance documents) approved by the District and recorded, if the latter is appropriate. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final document will result in the permittee remaining personally liable for carrying out maintenance and operation of the permitted system. JENNINGS/GRONCESKI MOSBY & ASSOCIATES, INC. 1507 20th Street VERO BEACH, FLORIDA 32960 (407)569-0035 R n] o" II :::%/I 'N=:�X' A SHEET NO. CALCULATEDB '—" yJ ` OF 1 DATE `+ CHECKED BY DATE B 47 1 , . �aN� I i 04�01 e�� r - e. w1Sil1 �Pa1 h I lit1.3i S 25 i B 47 1 , . �aN� I i OWN ?LEASE REFER TO YOUR TSR FOR THOSE COND:T:ONS WHICH APPLY TO YOUR GENERA" COND:T:ONS Xanagement and Storage of Surface W R to y RU:.= :XPLEMENTEO OCTOBER 19, 1989 Prior to lot or unit sales, or upon completion of construction of the system, whichever occurs first, the Dista:__ must receive the final operation and maintenance documents) ac - proved by the District and recorded, if the latter :s appropriate. For those systems which are proposed to me mantainea by county or municipal entities, ::nal ooerat:-n and maintenance documents must be received by tie Distrix: wnen maintenance and operation of the system :s accepted my the local government entity. failure to submit tie ap- propriate final document will result in the per-itt�e remaining personally liable' -for carrying out maintenance and operation of the permitted system. All _Vnstr•icticn, oceration and maintenance sna:i ne as se-. _.rth_- :ne plans, spec:__eations and oerformance cr_ter:a eS aDcroved by :..-s ^sant:. is:r-xt ast^orized staff, upon proper identifixatlon, have permission to enter, inspect and observe the syszem ._ _^sur= _onformity with the plane and spec:ficazions aoprovec by _ne pe=rm:. xarr:ers must be installed a: all :mcatior.s where the xdssibility of transferring suspended solids into tile r=_ce:ving waterbody exists due to the or000sed work rp_dity barriers must remain in place at ai locations until :Z-structior, is completed and soils are s=abili:ed and veceta- t:on has been established. Thereafter the oermittee wall me re5o^, nsimle for the removal of the odrriers. The operation phase of the permit shall not become e:f=_c::ve until a =lorida Registered Professional :ngineer certifies :.1 all facilities have been constructed in accordance :'_ the design approved by the District. Within 30 days after completion of construction of the surface water management system, the permittee shall submit the following: completion xer::ficatio n report sioned and sealed by the P.E., and when ne completed system sumstantia__v differs from permits=_d plans, two sets of record (as built) plans which reflect t:,e surface water management system as actually constructed. This subm:ztal will serve to notify the District staff, that toe facii:::es are ready for inspection and approval. The perm:' 10 cannot be transferred to the responsible operation and main- tenance en::ty approved by the District until construction of --e coT.;eted surface water manaSement system is approved my .-e :;.strict. ;f any __ner regulatoryagency should require revisions c: mod.;.' -:at: -_n to the permitted project, :he 0ist :s s to pe not:.Led cf the revisions so that a determination can oe mane wnstner a permit modification is required. The District must be notified, in writing, within 30 days of any sale, conveyance, or ocher transfer of a permitted system or facility or within 30 days of any transfer of ownership or control of the real property at which the permitted system ar facility is located. All transfers of ownership or transfers of a permit are subject to the requirements of chapter 40C-1. The permittee mustrequire the contractor to review and maintain ;COPY of this permit, complete with all conditions, attacnments, exhibits, and permit modifications in good condi- tion and posted at the same location as other agency permits on the construction site. The complete.permit copy shall De avatlaole for review upon request by District representatives. POOR COPY I I I-- E C) ID o a1 ,t r). N E O O H m 110 N m h• f• n y n. 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Q I1 (r N .tl IU f( U ft .II to 8, n. :1 to I< Inia O n ID J 'r m POOR COPY 11. �".onicorir.g reports littoral zone v= (2 copies evaluating the establishment o; geta.lon must be submitted to the District "l hln 30 days following completion of the system and after completion. The initial report must verify littoral zone has been constructed and describe the methods mOR�4s to initiate establishment of a ve i .what -he report must contain the following getat_ve.cover, hods used The 18 month of the littoral zone vegetation-: an assessment percent survival since il, percent cove Or °lability description of all planting (if apoliciblbv ecies; 9� lantin maintenance measures taken t0date.-�' and a 12. .l, z activities necessary to establish the vegetated li-- erm t, reO:ub-e- Oy permitted ti conditions permit, must be completed Prior and ot,er o„s.Oc _ (whichever occurs first issuance o. the following Occupancy, the use o: f_ ssuance oY the first cert: ” tr2P.s fi:r Of i ility infrastructure for its intended L_�2te Of r25' I C_b- for Oper i us_, .or, system to a local nt Or strop and maintenance of t C_ operation other responsible entity, xarst Sensitive A-ers 13. r=. limestone imestone bedrock is encountered during construction of L retention basins or a sinkhole or solution const r construction n- construction of the basin must Y LOrMs during immediately znd the District m be-halted -m _i .c2tion must be notified. of this permit may be required. At that time, 2 14. he permittee mus- thlyvisually inspect all e management basins monthly p'�it-- r_ document L Y zOr the occurrence = nkholes water hese inspections on District Conditions formNumber District Two COp'eS Of the completed forms must be to the - ct annuall :or- Two by N:sy 31st of each year. sane 1� The permittee must repair any sinkhole that develops within the surface water management system. Permittee must notify the District of any sinkhole development in the surface water management system within 48 hours of its discovery and must submit a detailed sinkhole repair plan within 30 days of such discovery for written approval by the District staff. wet'-and ?reservation/Creation 16. All wetland areas or water bodies that are outside of the specific limits of construction authorized by this Permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering. 17• The Permittee must submit two copies of an as-built survey of the wetland creation areas certified by a registered surveyor or professional engineer showing dimensions, grades, ground elevations, and water surface elevations. The as-built must be submitted with the first monitoring report. POOR COPY 15• within the wetland creation areas, nor. -native vegetation, cattail= (Tvpha spp.) and primrose willow (Ludwiga peruvianna), must be controlled by hand clearing or other mechods approved by the District so that they constitute no more than 106 of the areal cover in each stratum. 19. Prior to construction, the permittee must clearly designate.the limits of construction on-site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, is a violation of this permit. 20. The wetland Creation areas must be planted prior to any of the following events (whichever occurs first): issuance of the fi=st certificate of occupancy; use of the infrastructure for its intended use; or transfer of responsibility for operation and maintenance of the system to a local government of other responsible entity. 21. within 30 days of completion of initial planting, the permittee must submit to the District for review and approval a plan detailing the site-specific methods to be used for monitoring the wetland creation areas so that achievement of success criteria can be clearly demonstrated. The plan must include such information as the size, location and number of monitoring quadrants, the location and number of photographic stations, and other pertinent factors to demonstratd achievement of success criteria. 22. The permittee must furnish the District with monitoring reports for the wetland creation area(s) describing: A. Percent survival and diversity of planted species within each stratum; B. Recruitment density and composition within each stratum; C. Recorded growth via established parameters for planted trees and shrubs; D. Percent cover of herbaceous species; E. Surface water elevation referenced to N.G.V.D., or if surface water is not present, groundwater elevation referenced to N.G.V.D.; and F. wildlife utilization. The data must be collected and submitted semi-annually, once during the wet season (August -September) and once during the dry season (March -April) for a total period of 3 years following initial planting. Reports to the District must also include photographs, descriptions of problems encountered, and solutions undertaken. r -a rft� POOR COPY 23. Successful establishment of the wetland creation area will =_ occurred when: A. At least 80 percent of the planted individuals in each stratum have survived and are showing signs of normal annc growth, based upon standard growth parameters such as heic and base diameter, or canopy circumference; S. At least 80 percent cover by appropriate wet' -and herbac_ecu species has been obtained; and C. The above criteria has been achieved by the end of period following initial planting. 244. if successful establishment has not occurred as stated ab0'✓=, the permittee must apply to the District for a permit modification no later than 30 days following the termination c the 3 year monitoring period. The application must include_ a narrative describing the type and causes of failur_ and c-11 - a complete set of plans for the redesign and/or replacement-- planting eplacement=planting of the wetland creation area so that -the success . criteria will be achieved. within 30 days of District approva and issuance o.f the oermit modification, the permittee must implement the redesign and/or'replacement planting. rollow=n comple-tion of such work, success criteria as stated above_ cr modified by subsequent permit must again be achieved. In = -- addition, the monitoring required by these_ conditions must conducted. - 25. within 30 days of any monitoring event that indicates 509 cr greater mortality of planted wetland species in any strat.::n= within the mitigation area, the.aoolicant must submit a remediation program for District staff review and approval.= 26. ?rior'to initiating any construction, the permittee must =eeoz� a conservation easement on the real property pursuant to secti_ 704.06, F.S., prohibiting all construction including clearinc, dredging, or filling, except that which is specifically authorized by this permit within the wetland creation, wetilar.d enhancement, and upland conservation areas as delineated on -'the final plans as approved by the District. The easement musr- contain provisions as set forth in paragraphs 1(a) -(h) of e_ section 704.06, F.S., as well as provisions indicating that-tuht may be enforced by the 'District and may not be amended without District approval. within 30 days of the date of issuance of this permit and prior to recording, said easement must be submitted to the District for review and approval. within 30 days of receipt of District approval, the permittee must provide the District with a certified copy of the recorde< easement showing the date it was recorded and the official records book and page number. r'1 .. �A 27. Prior to initiating any construction, the permittee must ^ecoid a deed restrictions on the real property pursuant to section 704.06, F.S., prohibiting all construction including clearing, dredging, or filling, except that which is specifically authorized by this permit within the wetland creation, wetland enhancement, and upland conservation areas as delineated on the final plans as approved by the District. The restrictions Host contain provisions as set forth in paragraphs 1(a) -(h) of section 704.06, F.S., as well as provisions indicating that they may be enforced by the District and may not be amended without District approval. Within 30 days of the date of issuance of this permit and prior to recording, said restrictions must be submitted to the District for review and approval. Within 30 days of receipt of District approval, the permittee must provide the District with a Certified COpy of the _ .-astrictions showing the date it was recorded and the offi=-al records book and page number. Erosion and Sediment Control 28. The permittee must submit two cooies of an erosion and sediment control plan detailing measures to be taken during construction to prevent the discharge of turbid water or eroded soil to adjacent properties, wetlands, or water bodies outside of the specific limits'of construction approved by this permit. Said plan must be submitted to the District for staff review and written approval at least 14 days prior to the initiation of construction. The approved plan must be provided to and discussed with the construction contractor prior to the initiation of construction. 29. Permittee must select, implement, and operate all erosion and sediment control measures required to retain sediment on-site and to prevent violations of water quality standards as specified in chapters 17-301, 17-302, and 17-4, F.A.C. The permittee is encouraged to use appropriate Best Management Practices for erosion and sediment control as described in the Florida Land Development Manual: A Guide to Sound Land and w198ater Management (DER, 8). 30. The permittee must construct and maintain a permanent protective vegetative and/or artificial cover for erosion and sediment control on all land surfaces exposed or disturbed by construction or alteration of the permitted project. Unless modified by another condition of this permit or specified otherwise on a District -approved erosion and sediment control plan, thig protective cover must be installed within fourteen (14) days after final grading of the affected land surfaces. A permanent vegetative cover must be established within 60 days after Planting or installation. The permittee must maintain cover on adjacent ground surfaces which may be impacted by construction activities until the District receives the-P.E. certification that the project is constructed according to the permitted plans. •-ecrated ?est Management Plan/Golf Course P 01 .k 31. wit:^.in 90 days of the beginning o: construction or prior to ap=lication of any pesticides to the project area, whichev=er occurs first, the permittee must obtain District approval of a site specific, integrated Pesticide Management Plan. The management plan must specify the usage of non -chemical or cultural means as the primary defense against nuisance and/or _ destructive pests. These non -chemical measures should include practices such as: the planting and maintenance of native vegetation where possible; the use of pest and/or disease tolerant vegetation; the oroper selec_ion and application of fer-_ilizer; proper supplemental watering; the use of mule for _ weed control, and proper maintenance practices including mc:w+.- re�,uencv, mcwing.heicht, mechanical dethatching, removal cf dying or dead vegetation, etc. The plan must also include information on the following:. a. :nSeCtiCideS, nematicides, fungicides, or herbicides to be used; b. Method(s) of application; C. Time frames 'or use and dppliCdtiOR; and d. ?or the pesticides that will be used, specification of: - - half-lives - N-Octanol/water partition coefficient (Kow) - Lethal dose coefficient (LD50) - Solubility Any pesticides selected must exhibit a short half-life (<10 weeks), a low n-octanol/water coefficient (<5.0), and be suitable for use with local se:'_s and groundwater off conditions The use of organochlorides and other pesticides either listed =PA as cancelled or suspended, or otherwise prohibited by state or federal law is not allowed. 32.. The permittee must adhere to the fertilizer recommendations - set forth in the manual for commercial turf crass management by the University of Florida compiled by the Florida Turf -Grass Association. The nutrient loading attributable to the application of effluent shall be considered a source of fertilizer for the golf course and additional non -effluent fertilizer sources shall be utilized only as a supplement. water Ouality Sampling 33. All water quality data must be submitted 'to the District within 14 days of receipt of the analytical laboratory report using the appropriate District form (EN -16 - EN -20) or an equivalent format approved by District Staff. r POOR C 34. The data collected for the water quality monitoring program must be submitted to the District annu lly by December 31 of each year using the appropriate District form (EN -16 - EN -20) or an equivalent format approved by District staff. 35. After 5 years of monitoring, the Permittee may request a modification of the parameters and frequency of the monitoring program by demonstrating that the collected data represents steady state conditions, is sufficient to establish baseline ranges for indicator parameters and provides an adequate basis for evaluating the project's compliance with state water ouality standards . 0. 0 36. within 30 days of the issuance of this permit, the Pe---mittee must sutnit a site specific quality assurance plan for approval by District staff. The quality assurance plan must conform with MER Guideli es for Preparing Quality Assurance Plans (DER -)A-001/85, dated January 30, 1986) . INSPECTICN REPORTS 37. The operation and maintenance entity shall submit inspection reports to the District two years after the operation prase permit becomes effective and every two years thereafter on District form ESI -46. The inspection form must be signed and sealed by an appropriate registered professional. 38. The operation and maintenance entity shall submit inspection reports to the District two years afterthe operation phase permit becomes effective and every two years thereafter on District form EN -47. 39. The operation and maintenance entity shall submit inspection reports to the District one year after the operation phase permit becomes effective and every two years thereafter on District form EN -46. The inspection form must be signed AQrrrrr.Tr and sealed by an appropriate registered professional. rtnr. 40. The permittee must maintain hour meters, in operating order, on each drainage punp. If the hour meters are not installed at the time of permit issuance, they must be installed within 60 days of the issuance of the permit. Reports of pump operating hours for each pub must be submitted to the District quarterly, using forms provided by the District. OWN evwk 41. The permittee must maintain a staff gauge, referenced to NGVD, in each detention pond. If the staff gauges are not installed at the time of permit issuance, they must be installed within 60 days of the issuance of the Permit. Water levels must be recorded a milt= of 3 nonconsecutive days per week, or as an alternative, once a week and daily during pump operation. Reports of water levels for each pond must be submitted quarterly to the District using forms provided by the District. 42. The permittee must monitor the water quality on a quarterly basis at each discharge point from pumps or pond outfalls to waters of the state. If no discharge has occured during a particular quarter, no sampling is required. Water samples must be analyzed for the parameters listed in Table 1. Water samples must be analyzed by a laboratory certified by the Florida Department of Health and Rehabilitative services. 43. If, after five years of water quality monitoring, the permittee demonstrates that the data collected represents steady state conditions and is adequate to project future compliance with state water quality standards, the District shall amend the monitoring conditions by reducing the frequency of monitoring or the number of parameters monitored, or eliminating such requirements. 44. If, after five years of water quality monitoring, the District notifies the permittee in writing that discharges from the surface water management system have not complied with the performance standards described in subsections 40C-44.065 (1) and (2), F.A.C., then the permittee must apply for an individual permit. 45. If, after one year of water quality monitoring, the district notifies the permittee in writing that discharges from the surface water management system have not complied with the performance standards described in sections 40C-44.065 (1) and (2), F.A.C., then the permittee must apply for an individual permit. City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 July 14, 1993 Michael M. Bentzien Assistant Field Supervisor United States Department of the Interior Fish and Wildlife Service 6620 Southpoint Drive, South Suite 310 Jacksonville, FL 32216-0912 Re: Vickers Grove Dear Mr. Bentzien: I an in receipt of your letter dated July 9, 1993 requesting a list of all actions taken by the City of Sebastian relative to Vickers Grove, as well as copies of all documentation pertaining to the site. The voluminous documentation for that site includes annexation, comprehensive land use plan amendment, rezoning, preliminary plat and sandmining files. A member of my staff spoke to Claudia Martin by phone yesterday and suggested that, since our Director of Community Development is attempting to set up a meeting in Sebastian with a representative of Fish and Wildlife Service to discuss a Habitat Conservation Plan for the City, we could possibly arrange for that person to review the Vickers Grove files at that time to determine exactly what copies you will require. If that process cannot be arranged and you would like us to make copies of all documentation, we will do so. A list of dates and actions of City Council relative to the site is enclosed. U.S. Fish & Wildlife Page Two Please contact me as soon as possible to determine the best course of action. Sincerely, Kathry M. O'Halloran, CMC/AAE City Clerk KOH/sam Enclosure cc: City Manager Director of Community Development MULTIPLE FAMILY PROPERTY CITY OF SEBASTIAN Location Acres Schumann Area 68.87 Foster Road Area 69.79 Skillman Property off Main St. 9.49 Delmonte Road Area 38.45 Vickers Grove 19.05 Sebastian Lakes 8.61 214.26 INDUSTRIAL PROPERTY CITY OF SEBASTIAN Location Acres Surrounding Airport 314.65 Off Louisiana Avenue 2.07 Off Gibson Street 91.97 Fischer Property off U.S. 1 1.72 Beside Orange Heights .71 High Street Area 47.35 Beside Park Place 8.03 Vickers Grove Area 55.41 521.91 .. COMMERCIAL OFFICE RESIDENTIAL PROPERTY CITY OF SEBASTIAN Location Acres North Indian River Drive 11.86 On U.S. 1 (Fischer) 26.90 Tract L in Unit 17 2.92 Skillman Property off Main St. 3.59 North of Main Street 14.46 Harrison Street Area 2.87 School Park Area 30.79 Along Indian River Drive 14.33 107.72 HENRY FISCHER & SONS, INC. P.O. Box 780068 • Sebastian, Florida 32978-0068 (407) 589-3159 • FAX: (407) 589-7731 January 27, 1994 Mr. Br-uce Cooper - Community Development Director City of Sebastian P.O.Box 780127 Sebastian, FL 32978-0127 RE: Vickers Sand Mine Progress Report Dear Mr. Cooper: • Site Development • Road & Parking Lot Construction • Storm Drainage • Land Clearing • Fill Hauling & Compaction • Heavy Equipment Rentals Enclosed, is a map of the Vickers Sand Mine with areas identifying the lands mined. Also, our areas that are expected to be mined for this current year. The Vickers Sand Mine is be continually operated in accordance with the City of Sebastian codes and the approved permits. The permitted agency other than the City of Sebastian is; St John's River Water Management District and the expiration date on their permit is November 9th, 1998. If I can be of any more assistance fill free to contact me. 'i7 icQ Henry A. Fischer I I I I 1 1 I I I I mo�m�os - w I I ----------------------------------------1-1---J--------------------------------------- I------------ .eScr6t 1N3Y43SV3 30VN Vao 3 of sc.6e rr oz 61 pau�w 6unq fi�ua9a->,d roa�ry �./ �I g------------ L— — — — — — 3NV1 HOV38 1 I it 3Atl HSN3W it I LL 3ntl oa3am 1 �I i jg lanoo emo L------- 1 pau�w 6unq fi�ua9a->,d roa�ry �./ �I g------------ L— — — — — — 3NV1 HOV38 L�ioa13 amtl3 - �, W �na� Ilauvna / lol � u parw aq o; ;l pa". ad 1 \ 1 \1 1 \ 1 1 \1 1 \ , \ 1 .60 n I \ I I '3AV NOS110 I I $ ISI I I I � I — Jol 151 I I M. 1 YN I I---� — — avoa aNOONOD �� II II II �\ II II II \ \------� L -----J L------- -------3Nao—NNYHnH3S ---------- [a 1 I it 3Atl HSN3W it I 3ntl oa3am �I i jg lanoo emo L------- 3NV1 �oadb� +I I I I �I I I / PI I I L�ioa13 amtl3 - �, W �na� Ilauvna / lol � u parw aq o; ;l pa". ad 1 \ 1 \1 1 \ 1 1 \1 1 \ , \ 1 .60 n I \ I I '3AV NOS110 I I $ ISI I I I � I — Jol 151 I I M. 1 YN I I---� — — avoa aNOONOD �� II II II �\ II II II \ \------� L -----J L------- -------3Nao—NNYHnH3S ---------- [a 30 '93 01: 36PH /W P.3 4 APPLICATION FOR PRELIMINARY PLAT FOR MAJOR SUBDIVISION CITY OF SEBASTIAN 1225 MAIN STREET, SEBASTIAN, FLORIDA 32959 TELEPHONE J4I 07) 589-5330 Application Number -------------------- Date_ -12/03/93 Owner -Inc.Phone Fischer & Sons, 407-589-3159 -------------------------------- Address10725 US #1, p.0. Box 68, Sebastian, Florida 32978 --------------- -------------------------------------- Subdivision Name Vicker's Grove Subdivision --------------------------------------------- Section ___17________ Townehip__31S-------- Range -__--- Project SurveyorJames Fowler---_ Florida State #_ Project Engineer__ Mosby-&-Assoc__IncFlorida State #_22326 Randy L. M.osbv,p.1 Zoning Classification RS1D-__- Land Use Designation Development Site Size 117 -ores Minimum Lot Size _10,00:_-_, Proposed Units Per Acre _38 units/AC. No. of Lots -_y 45 Will davalopment be in phases? --_-__No--^- The following attachments shall accompany this application: 1. A copy of the owner's recorded deed. 2. If applicant is other than the owner, a sworn statement of authorization is required. 3. Twelve copies of all plans. 4. Preliminary plat requires compliance with Sec. 20A - 16.d (B) of the Lapd Development Code, City of Sebastian. S. Existing legal description. FEE SCHEDULE Less than 10 acres $350.00 10 acres to 25 acres 500.00 25 acres to 50 acres 760.00 Over 50 acres 15.00/acre Planning and Zoning review date___g%= 3 -9 Board Recommendation__ iIo%��Comments: ---------------------------------------- �� /7s s, o� Q..<.� llY%L CYT$ L ':� AJ 609 �,Lfmif 1� pvb-)�PA2� txPgnt)ocJ n 117 ✓� c�✓ &S,z. lgcxv qs; V PT fig,: /� G/S✓"Pao lav City of Sebastian 1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 c FAX (407) 589-5570 SUBJECT: SET PUBLIC HEARING FOR SPECIAL USE PERMIT FOR VICKER'S GROVE SAND MINING EXPANSION Approval for Aey,.)C, City Manager EXPENDITURE REQUIRED: Submittal By: Co A/ Agenda Number: 77, ��3 Dept. Origin: CommunitV Development Date Submitted: 02/16/94 (BC � For Agenda Of: 02/23/94 Exhibits: None AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: Fischer & Sons, Inc. is requesting to expand their existing sand mining operation and to modify their preliminary plat known as Vicker's Grove Subdivision. Since this request is to expand their existing approved sand mine, this application will be reviewed as a new special use permit. Therefore, based on the City Attorney's opinion regarding special use permit procedures, staff will not submit any materials to the City Council until the public hearing. Since the City Council has requested that this type of meeting be held separate from their regular meetings, staff is not recommending a specific date. RECOMMENDED ACTION Set a date for the public hearing for special use permit for Vickers Grove sand mine expansion. Alk HENRY FISCHER & SONS, INC. P.O. Box 780068 • Sebastian, Florida 32978-0068 (407) 589-3159 • FAX: (407) 589-7731 February 23, 1994 Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Bruce: • Site Development • Road & Parking Lot Construction • Storm Drainage • land Clearing • Fill Hauling & Compaction • Heavy Equipment Rentals Enclosed is our application for a special use permit to expand the size of the sand mining area to conform with our amendment to the Preliminary Plat for Vicker's Subdivision, to remove certain lots and enlarge the lake (water retention) area. This application is being filed under protest and only because the City will not allow us to amend our preliminary plat by removing certain lots and increase the size of the lake unless a new special use permit is issued by the City to enlarge the sand mining area. By filing this application and proceeding to a public hearing, we are not waiving any of our legal rights to challenge the requirement for a new special use permit or any other action that may be taken by the City in regards to our.ability to amend our preliminary plat and expand the lake area. Sincerely, �4 4 X -- Henry A. Fischer APPLICATION FOR SPECIAL USE PERMIT cS� In accordance with Section 20A-2.6, Land Development Code, the City Council may, in its sole discretion, grant a special use permit in any district for a use which is not provided for in the zoning regulations. All such uses shall not be otherwise illegal, and shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations. The City Council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented to it in each case that: 1) The granting of the permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located; and 2) The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. The fee for a special use permit is $150 (established by Resolution No. R-88-09). In addition the applicant must provide the City Clerk's office with a list of the surrounding property owners within a 200' radius of the subject property along with the appropriate certified return receipt mailing fee (currently $2.29 for U.S. mailing). NAME OF APPLICANT• Hent/y A. Fi,scheA and Soret, Inc. ADDRESS OF APPLICANT: 10729 US -1, Seba6tian, FL 32958 APPLICANT PHONE A: 407-589-3159 ADDRESS OF SUBJECT PROPERTY: See Attached DAawingh LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Attached Dncuuinge ZONING OF SUBJECT PROPERTY: IndusVLiat, Rnidentiat 8 MuLti.-Fcunity REASON FOR REQUEST FOR SPECIAL USE PERMIT: Change .the CuhAent Pne bilinahy P&Lt THE BUILDING OFFICIAL MAY REQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS Signature of Applicant Hevcy A. F.ischeh b:specuse.app i Date FebnuaAy 23, 1994 HENRY FISCHER AND SONS, INC. P[T ACCOUNT P.O. 80X 780068 SEBASTIAN, FL 32978-0068 PAY TO THE ORDER C�6 . -"2 3 199¢ $ /Sd.o2) - vuiw ••y� PONAr��pnK�f� DOLLARS 1��jjUll}�J"I l(jl`N SebasUBvn. F)WIda eZP56 1 FOR /f �/ n City of Sebastian A-• 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 M E M O R A N D U M DATE: February 25, 1994 TO: Planning and Zoning Commission FROM: Bruce Cooper Director of Community Developme� REFERENCE: Special Use Permit For Vicker's Grove Sand Mining Expansion At its regular meeting of February 3, 1994 the Planning and Zoning Commission recommended approval of the Preliminary Subdivision Plat for Vicker's Grove Subdivision. This modification to the Preliminary Subdivision also contemplates the expansion of the lake, which will require a special use permit to expand the sand mining operation. Pursuant to Ordinance 0-93- 22, all special use permits must obtain a recommendation from the Planning and Zoning Commission at a public hearing. Since this application was submitted to the Building Department after the adoption of the above mentioned ordinance, this technically requires the Planning and Zoning Commission to hold a public hearing. Staff has no objections to the proposed expansion since they have already obtained their St. Johns Water District Management permit for the proposed expansion. Again, this expansion coincides with the modification to the Preliminary Plat that you have already reviewed. Thank you. BC/gk supvg.wp City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 11 FAX (407) 589-5570 P U B L I C N O T I C E CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY SEBASTIAN, FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA, AT A REGULAR MEETING ON THURSDAY, MARCH 3, 1994, AT 7:00 P.M., FOR A SPECIAL USE PERMIT CONCERNING A SANDMINING OPERATION LOCATED WEST OF FLORIDA EAST COAST RAILROAD, EAST OF LANCE STREET, SOUTH AND EAST OF SCHUMANN DRIVE, AND NORTH OF MABRY STREET, KNOWN AS VICKER'S GROVE SUBDIVISION. J.W. THOMPSON, CHAIRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT TO THE PROPOSED APPLICATION. ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. PUBLISHED: FEBRUARY 28, 1994 City of Sebastian 1225 MAIN STREET ii SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 February 28, 1994 Barbara Sprague, Mgr. - Legal Ad Department Vero Beach Press Journal P. O. Box 1268 Vero Beach, Florida 32960 RE: PUBLIC HEARING SPECIAL MEETING - VICKERS GROVE Dear Barbara: Please publish in the Legal Notice Section of the Press Journal the attached PUBLIC HEARING NOTICE on WEDNESDAY, MARCH 9, 1994. If you have any questions regarding this, please give us a call. Sincer ly, D��� Kathryn M. O'Halloran, CMC/AAE City Clerk KMO:js attachment City of Sebastian 1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 SPECIAL MEETING PUBLIC NOTICE City of Sebastian Indian River County Florida The City Council of the City of Sebastian, Indian River County, Florida, in accordance with Section 20A-2.6 of the Land Development Code of the City of Sebastian, will conduct a public hearing at a Special Meeting called by the City Council on Wednesday, March 16, 1994 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, for a special use permit concerning a sandmining operation located west of Florida East Coast Railroad, east of Lance Street, south and east of Schumann Drive and north of Mabry Street, known as Vickers Grove Subdivision. All interested parties may appear at the hearing and present testimony with respect to the proposed special use permit. By: Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 February 28, 1994 Mr. Henry Fischer Fischer & Sons P.O. Box 68 Sebastian, Florida 32958 Dear Mr. Fischer: At the Sebastian City Council Regular Meeting on February 23, 1994 it was moved to schedule a public hearing for Vickers Grove Sandmining Special Use Permit at a Special Meeting on March 16, 1994 at 7:00 p.m. If you have any questions regarding this, please give me a call. Since ely, M. Q•��JC.%- Kathryn M. O'Halloran, CMC/AAE City Clerk KMO:js City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 Cl FAX (407) 589-5570 P U B L I C N O T I C E CITY OF SEBASTIAN 1225 MAIM STREET INDIAN RIVER COUNTY SEBASTIAN, FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA, AT A REGULAR MEETING ON THURSDAY, MARCH 3, 1994, AT 7:00 P.M., FOR A SPECIAL USE PERMIT CONCERNING A SANDMINING OPERATION LOCATED WEST OF FLORIDA EAST COAST RAILROAD, EAST OF LANCE STREET, SOUTH AND EAST OF SCHUMANN DRIVE, AND NORTH OF MABRY STREET, KNOWN AS VICKER'S GROVE SUBDIVISION. J.W. THOMPSON, CHAIRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT TO THE PROPOSED APPLICATION. ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. PUBLISHED: FEBRUARY 25, 1994 P05 .z ?4-llq City of Sebastian 1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 February 28, 1994 Dear Property Owner: The City Council of the City of Sebastian, Indian River County, Florida, in accordance with Section 20A-2.6 of the Land Development Code of the City of Sebastian, will conduct a public hearing at a Special Meeting called by the City Council on Wednesday, March 16, 1994 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, for a special use permit concerning a sandmining operation located west of Florida East Coast Railroad, east of Lance Street, south and east of Schumann Drive and north of Mabry Street, known as Vickers Grove Subdivision. All interested parties may appear at the hearing and present testimony with respect to the proposed special use permit. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. By: Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian EDWIN a. & QUEENIE FOSTER BERNADETT M. BOBEK 997 BEACH LANE 989 BEACH LANE SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 JULIE UEQUHART GEORGE & DEBRA C. BARGER 222 SE MENSH AVENUE 242 SE MENSH AVENUE SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 STACY L. GROSS GREGORY R. & IRMA E. GOLIEN 998 BEACH LANE 1623 N. U.S. #1, SUITE A5 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 FERNANDO & JOSEFINA PANDO LAWRENCE W. & PATRICIA HOLLAND 261 WEST 70TH STREET 241 MENSH AVENUE NEW YORK, NY 10023 SEBASTIAN, FL 32958 JEFF W. HUBER DEODAT SANKHI 985 LAREDO LANE 87-61 126TH STREET SEBASTIAN, FL 32958 JAMAICA, NY 11418 WILLIAM J. HERD JOHN W. SYKES P.O. BOX 90075 222 CAPROL LANE E. POINT, GA 30364 SEBASTIAN, FL 32958 LESLIE D. KLAUKA JR. MILDRED MARTIN FIGG 221 CLUB COURT 201 CLUB COURT SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 PR BARBARA M. JOHNSON 211 CLUB COURT SEBASTIAN, FL 32958 DENYS D. & JOYCE D. CLARKE 571 EAST 92ND STREET BROOKLYN, NY 11236 JOSEPH C. & GRACE A. FEIST 985 SCHUMANN DRIVE SEBASTIAN, FL 32958 DEBORAH LEE CHORNOBY 973 SCHUMANN DRIVE SEBASTIAN, FL 32958 DONALD W. & NANCY D. MURRAY 961 SCHUMANN DRIVE SEBASTIAN, FL 32958 ROBERT L. & JEANNE M. MARSHALL 34 HERBST ROAD CORAOPOLIS, PA 15108 ROBERT P. & MARIE E. HOOPER 700 PINE RIDGE ROAD MEDIA, PA 19063 .mak KONG T. & GIM SAIK 71 POLAND MANOR POLAND, OH 44514 PAUL D. & JUNE A. DOATY P.O. BOX 780132 SEBASTIAN, FL 32958 ADA G. CHISHOLM 979 SE SCHUMANN DRUVE SEBASTIAN, FL 32958 DENNIS J. & KIMBERLY BREEDLOVE 967 SCHUMANN DRIVE SEBASTIAN, FL 32958 SVEA K. SMITH 955 SCHUMANN DRIVE SEBASTIAN, FL 32958 ROBERTO A. & ANGELA B. SANCHEZ 948 SE CANAL CIRCLE SEBASTIAN, FL 32958 FELIPE S. JR. & DOLORES BILLOTE 216 WINSLOW COURT NAPERVILLE, IL 60540 O-, JOHN H. & JUNE A. PORTER 1109 SERENADE ST NW PALM BAY, FL 32907 FERNANDO C. SALVACION 1303 S. WALNUT AVENUE ARLINGTON HEIGHTS, IL 60005 MANUEL R. & REMEDIOS DOMINGUEZ 404 W. GOLF ROAD MT. PROSPECT, IL 60056 JOHN & MARYE DREW 901 SCHUMANN DRIVE SEBASTIAN, FL 32958 JOHN D. & MARY LOUISE FISCHER 124 RADER AVENUE COGAN STATION, PA 17728 FRANK MERCANTE 925 SCHUMANN DRIVE SEBASTIAN, FL 32958 TIMOTHY & PATRICIA SPOSATO 937 SCHUMANN DRIVE SEBASTIAN, FL 32958 ANN MARY F. HAYS 974 LANCE STREET SEBASTIAN, FL 32958 PARBATI & CHANDRALALL BULET 133 ELLIOT PLACE #5D BRONX, NY 10452 MARIE W. WILLETT 93 INDIAN TR LITTLE ROCK, AR 72207 ROBERT E & MARJORIE BAUM 907 SCHUMANN DRIVE SEBASTIAN, FL 32958 ROBERT A. BURJOICE 919 SCHUMANN DRIVE SEBASTIAN, FL 32958 GIFFORD G. & GLORIA B. SEAHOLM 931 SCHUMANN DRIVE SEBASTIAN, FL 32958 DONALD M. & BETTY DEWHURST P.O. BOX 780381 SEBASTIAN, FL 32978 r_-1 MARGARET POST 944 LANCE STREET SEBASTIAN, FL 32958 MICHELLE PLUNKETT P.O. BOX 147 FAIR HAVEN, NJ 07701 THOMAS G. & JUDITH H. DOYLE 502 BOOKER ROAD BRANDON, FL 33511 n HELEN T. GARRETT 231 KENYAN AVENUE NE PT. CHARLOTTE, FL 33952 DONALD & DOLORES STRICKLING 926 SE LANCE STREET SEBASTIAN, FL 32958 MILTON JACKSON FREEBURGER 914 SE LANCE STREET SEBASTIAN, FL 32958 ROBERT W. & BEVERLY A. CARBERRY ROBERT & SHEILA M. KROLL P.O. BOX 780650 902 LANCE STREET SEBASTIAN, FL 32978 SEBASTIAN, FL 32958 RICHARD B. & LINDA K. VOTAPKA SIGMUNDS MODERACKI 873 LANCE STREET 881 LANCE STREET SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 CARL G. & M. ELAINE HUETHER JOHN & LENORE ALLEN 882 GILBERT STREET 874 GILBERT STREET SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 MILAN VESELY FLORENCE L. WHITEHEAD 217 WINFIELD AVENUE 891 SCHUMANN DRIVE WATERLOO, ON, CANADA N2J 3M8 SEBASTIAN, FL 32958 HARRY M. & RUTH J. GIVENS 892 LANCE STREET SEBASTIAN, FL 32958 STELLA E. WILSON 880 LANCE STREET SEBASTIAN, FL 32958 FOSTER J. & ADELE BLOOD 881 GILBERT STREET SEBASTIAN, FL 32958 MICHAEL & CYNTHIA FITZPATRICK 874 DOLORES STREET SEBASTIAN, FL 32958 MARGUERITE T. BEYER 343 CONCORD AVENUE SEBASTIAN, FL 32958 JOHN WILLIAM THOMPSON 857 DOLORES STREET SEBASTIAN, FL 32958 WARNER H. MORGAN 873 DOLORES STREET SEBASTIAN, FL 32958 ELIZABETH MCFADYEN 886 LANCE STREET SEBASTIAN, FL 32958 THOMAS G. & DEBORAH Y. JOHNSON 873 GILBERT STREET SEBASTIAN, FL 32958 RUSSELL A. & KAREN M. MANN 882 DOLORES STREET SEBASTIAN, FL 32958 THOMAS E. & MILDRED E. HEPBURN 839 DOLORES STREET SEBASTIAN, FL 32958 HUGH L. & PATIENCE E. WALTERS 841 DOLORES STREET SEBASTIAN, FL 32958 RONALD M. & CORINN VANBUSKIRK 865 DOLORES STREET SEBASTIAN, FL 32958 LAWRENCE R. & CAROLYN D. CORUM 881 DOLORES STREET SEBASTIAN, FL 32958 "mk ,/►, BEATRICE A. ARAND ROY E. CONNIE HENSHAW 342 GILSON AVENUE 829 DOLORES STREET SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 RICHARD H. LILLI M. HULLEN CARLTON H. & SANDRA M. ABBOTT 342 CONCORD AVENUE 350 CONCORD AVENUE SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 VICTOR A. & EFFIE M. WILLIAMS JOHN V. & DOROTHY M. ABERTS 358 CONCORD AVENUE 374 CONCORD AVENUE SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 WILFREDO L. & BELENA T. ONG LEONDINO G. & NARCISA T. 4662 N. LECLAIRE AVE 4064 SUNSET LANE CHICAGO, IL 60630 NORTH BROOK, IL 60062 ATLANTIC GULF COMMUNITIES ATT: LAND INVENTORY DEPT 2601 S. BAYSHORE DRIVE MIAMI, FL 33133-5461 ROBERT D. & MICHELLE L. HICKS 801 ESSEX LANE SEBASTIAN, FL 32958 FIRST BAPTIST CHURCH OF SEB 1117 N. U.S. 1 SEBASTIAN, FL 32958 RAMANAND & MINIMAN TIMAUL 1055 SHERIDAN AVENUE BRONX, NY 10456 BOYCE & ANNA MAGGARD P.O. BOX 780012 SEBASTIAN, FL 32978 WILLIAM J. & SUSAN JURSIK 739 SCHUMANN DRIVE SEBASTIAN, FL 32958 CHARLES G. BAILEY P.O. BOX 780732 SEBASTIAN, FL 32978 EDWARD J. & SHIRLEY FAY O'NEAL RT 1 BOX 757 SCHUMANN DR SEBASTIAN, FL 32958 ESTEBAN VARGAS & SANDRA CORTES 126 MABRY STREET SEBASTIAN, FL 32958 WILLIAM I. & EMILIE A. SOLOMON 122 MABRY STREET SEBASTIAN, FL 32958 CARL A. & SUSAN B. PERKINS P.O. BOX 26 PATRICK SPRINGS, VA 24133 ROXANNE L. ALLEN 114 MABRY STREET SEBASTIAN, FL 32958 ROBERT E. JR. & MARIA Y. JOHNS 110 MABRY STREET SEBASTIAN, FL 32958 HECTOR R. & MARTHA A. HURTADO 751 SCHUMANN DRIVE SEBASTIAN, FL 32958 JAMES M. & MARJORIE C. PEACOCK RR 1 DEPUTY, IN 47230 PAUL R. & MARJORIE E. UPTON 124 MABRY STREET SEBASTIAN, FL 32958 MOREL JULES 120 MABRY STREET SEBASTIAN, FL 32958 WILLIAM & CAROL SIMONSON 116 MABRY STREET SEBASTIAN, FL 32958 URS J. & SUSAN L. DOERIG 105 LARUSE AVE APT. 614 WESTON, ONT CANADA M9P1A9 RENE M. HASBUN-BABICH 6711 SW 99TH AVENUE MIAMI, FL 33173 JORGE ANTONIO HASBUN 6711 SW 99TH AVENUE MIAMI, FL 33173 FALCON CABLE MEDIA 474 S. RAYMOND AVE, SUITE 200 PASADENA, CA 91105 FLORIDA EAST COAST RAILROAD P.O. BOX 1048 ST. AUGUSTINE, FL 32085-1048 JOSEPH A. & KUEI-MEI KOSAK 1011 GATES PLACE WARMINSTER, PA 18974 COURT OF APPEALS, INC. P.O. BOX 837 YANKTON, SD 57078 TRINITY LUTHERAN CHURCH OF SEB 611 SCHUMANN DRIVE SEBASTIAN, FL 32958 LOIS M. EFINCHUK 109 QUEENS ROAD FT. PIERCE, FL 34949 ASPEN WHISPERING PALMS, LTD 2757 44TH ST, SUITE 306 GRAND RAPIDS, MI 49509 JOHN D. & DOROTHY J. ROGERS 6192 99TH STREET SEBASTIAN, FL 32958 r. S.G.P. P.O. BOX 68 SEBASTIAN, FL 32978 JOHN ALLEN P.O. BOX 441 PRESTONBURG, KY 41653 HENRY A. FISCHER P.O. BOX 780068 SEBASTIAN, FL 32978 ATHA & SWIGER REAL ESTATE, INC. 1329 U.S. 1 SEBASTIAN, FL 32958 Tye - s6,0/� /V,r-Ef PY1 l�ec l � r 19 9 � :24 G-c--N:/�v1E 6S/ lb ���5 -�. /� — LfiE BOVG/fT %fie "ET (D x- a [/E �1'7J7�NS� 1N E� fl"/e�' /d✓ 116 xxvez- %4,4w% W/rH �x�E��/N� S�}��lr�� iff/s %J l L L e7 C / FETE N! U L i / -%7/U GCS/1�G! > �k'o.✓ l U L 7'/ lTo (/Sn/ Re- Tc—cTa l✓ Tl4,1 AW V � A / 7 Q y1v � fro ,z � -- ,� ��y ✓�� �-,�y /�� � � o�,��-2s A��= o u -r- N��P/N� T� e -/'4E- T& c A//4'L 07 08 TEIVEO 1�7 LL _i� • it �. �� � fi.i(i`� �` .zP-/9w - e e cta1 beef n c, S'e�as�i�rvr� sect %1��21rnt3Cz��1—Q_clCl�sg�Ake 2 -w- ro� a o rXev 16�� -- WA N W. DILL, P. A. AT oiR_NIEY-AT- LAW WARRL'N W. DILL MEMBER OF: FLORIDA EAR WYOMING BAR NEBRASrA BAR Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Bruce: WABASSO ONE BUILDING 9025 V. S.HWY. I, SUM 4 3EBASIAN, FLORIDA 32988 (4071 589-1212 PAX (407) 388-0871 March 14, 1994 re: Special Use Permit Requirement for expansion of Vickers Sand Mine When my client, Henry A. Fischer, submitted his application for a Special Use Permit it was under protest by cover letter dated February 23, 1994. This letter will set forth our reasons why a new Special Use Permit is not required to mine additional areas within Vickers Grove. This property was annexed into the City in 1987 by Ordinance No. 0-87-10. When this property was annexed, there was an active sand mining operation in-place for the entire property. On March 23, 1988 my client received a Special Use Permit for sand mining pursuant to Resolution No. R-88-19. This Resolution did not limit the duration of the permit or the area that could be mined. In other words it was endless and covered all of the property owned by Sebastian General Partnership, B.F.T. (now owned by Henry A. Fischer). It is questionable as to whether my client should have been required to apply for this first Special Use Permit. When the property was annexed, it was an active sand mining operation. This fact was known to the City. The annexation ordinance does not address this subject or in any way attempt to limit the area of the sand mining or the time frame in which it could continue to exist. Therefore there is nothing in the annexation ordinance thatwould require the sand mining operation to receive any further approval from the City. When the City annexed this property, it took it subject to the use in place. When this property was annexed in 1987 the City had no sand mining regulations. When the first Special Use Permit was issued on March 23, 1988, the City still had no sand mining regulations. The first sand mining regulations of the City were adopted by the City on November 30, 1988 by Ordinance No. 0-88-27. Therefore the entire sand mining operation at.Vickers Grove is a valid prior existing use and as such is not subject to regulation by the City. This argument holds regardless of whether Resolution R-88-19 should have been required at all, since this Resolution had no expiration date or limit on the area that could be mined. In essence Resolution R-88-19 allows sand mining Mr. Bruce Cooper Page 2 March 14, 1994 anywhere on the property and as long as mining activities continue. When my client wanted to mine an adjacent area of the property they were told they had to get another special use permit, just as they were told to do this time. As a result my client did apply for and receive a new Special Use Permit, pursuant to Resolution No. R-90-19 for approximately 16.38 acres. When Resolution No. R-90-19 was adopted it contained a condition requiring my client to comply with the City's mining regulations that were now in force (Section 20A - 5.29 and 20A - 5.30 LDR). This Resolution also limited the term of the permit to one (1) year, as per Section 20A - 5.36, subject to being renewed annually. Resolution No. R-90-19 contained a "Conflict' provision, which states that "all resolutions or parts of resolutions in conflict herewith are hereby repealed". There is no reference to a specific resolution that is being repealed. At best it could be argued by the City that Resolution No. R-88-19 was repealed as far as applicability to the 16.38 acres permitted under Resolution No. R-90-19, since they both dealt with the same 16.38 acres and the later Resolution would be ordinarily governs. However, I am of the opinion that this argument would fail because my client was misinformed as to the need to apply for a new permit when they already had a Special Use Permit issued by Resolution No. R-88-19. The Special Use Permit issued by Resolution No. R-88-19 is still valid for all of the Vickers Grove property, except arguably the 16.38 acres. Therefore my client does not need to obtain another Special Use Permit to continue the sand mining operation on the same property. We are not expanding the sand mining operation beyond the property that it was already occurring on when the property was annexed and when Resolution No. R-88-19 was adopted. I agree that so long as there is an approved Preliminary Plat for the Vickers Grove Subdivision that the Preliminary Plat needs to be amended to reflect the removal of certain lots in order to accommodate the sand mining operation. However, this is the only approval my client needs from the City. Because the City has required us to file an application for a new Special Use Permit, my client has incurred substantial expenses already and will incur additional expenses in preparing for the quasi-judicial hearing. Because this is a very important matter to my client we feel like we have no alternative but to have a court reporter present If we should end up in litigation over this, we will be seeking monetary damages in addition to permission for the sand mining operation to continue on the property. If we are required to proceed with the quasi-judicial hearing on the Special Use Permit, I am hopeful that the Council will determine that the evidence presented is sufficient to warrant approval. Particularly when staff has stated that it has no objection to the issuance of the Special Use Permit. Assuming that we are required to obtain a new Special Use Permit, I request that the quasi- judicial hearing on the Special Use Permit be held first. After that hearing is concluded and closed, Mr. Bruce Cooper Page 3 March 14, 1994 I will then present my client's position on amending the Preliminary Plat. Since the amendment of a Preliminary Plat is only a public hearing and not a quasi-judicial hearing, I do not intend to call any witnesses or to otherwise conduct this request as if it were quasi-judicial. If you have any other authority, please let me know by Tuesday afternoon so that I am prepared for the Wednesday evening meeting. Very truly yours, ZA Warren W. Dill cch cc: Dr. Henry A. Fischer City of Sebastian 1225 MAIN STREET c SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 M E M O R A N D U M DATE: March 16, 1994 TO: Mayor Firtion & City Council FROM: Bruce Cooper Director of Community Development REFERENCE: Recommendation Regarding Vicker's Grove Sand Mine Below are the recommendations from staff regarding the approval of Vicker's Grove Sand Mine and if the City Council elects to approve the applicant's permit: 1. Applicant to provide updated performance bonds to include Phase III and the new proposed area pursuant to Section 20A - 5.30(e). 2. Applicant to provide revised plans to indicate compliance with Section 20A-5.29(b),(c),(d),(e),(f),(g) and (h). 3. Applicant to revise plans to indicate this project into two phases pursuant to Section 20A -5.30(c)(1). 4. Applicant to provide a legal description for both phases to be included within the resolution for adoption. 5. This approval will be subject to Section 20A-5.20 through Section 20A-5.37 of the Land Development Code. BC/gk recomvg.wp 61 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: PUBLIC HEARING REGARDING SPECIAL USE PERMIT FOR VICKER'S GROVE SAND MINE EXPANSION Approval for Submittal By: City Manager l EXPENDITURE REQUIRED: Agenda Number: 9T•0?3 Dept. Origin: Community Development tAe (BC) Date Submitted: 03/04/94 For Agenda Of: 03/16/94 Exhibits: 1. Application for Preliminary Plat for Major Subdivision 2. Application for Special Use Permit AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: On February 23, 1994 the City Council set the public hearing on the special use permit known as Vicker's Grove Sand Mine. The applicant is requesting to modify its existing approved preliminary subdivision plat, which has been changed to reflect an expansion of the lake eliminating 16 industrial lots and all 59 multi -family zoned lots. Since this proposal modifies their existing preliminary plat, they have also submitted an application for a major modification to their preliminary subdivision. Both the special use permit and the modification to the preliminary subdivision plat should be heard simultaneously since they coincide with each other. Since this is a quasi-judicial meeting, the City Attorney has advised staff not to submit any documentation, other than the application to the City Council, until the public hearing. r-, Page 2 RECOMMENDED ACTION Hold the public hearing and consider the special use permit application and major modification to the preliminary subdivision plat. TT PI)c i WARREN W. DILL MEMBER OF: FLORIDA BAR WYOMING BAR NEBRASKA BAR WARREN W. DILL, P. A. ATToE.NEY-AT-LAw Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Bruce: WABASSO ONE BUILDING 9025 U. S. HWY. I, SUITE 4 SEBASTIAN, FLORIDA 32958 (407) 589-1212 FAX (407) 388-0871 March 14, 1994 re: Special Use Permit Requirement for expansion of Vickers Sand Mine When my client, Henry A. Fischer, submitted his application for a Special Use Permit it was under protest by cover letter dated February 23, 1994. This letter will set forth our reasons why a new Special Use Permit is not required to mine additional areas within Vickers Grove. This property was annexed into the City in 1987 by Ordinance No. 0-87-10. When this property was annexed, there was an active sand mining operation in place for the entire property. On March 23, 1988 my client received a Special Use Permit for sand mining pursuant to Resolution No. R-88-19. This Resolution did not limit the duration of the permit or the area that could be mined. In other words it was endless and covered all of the property owned by Sebastian General Partnership, B.F.T. (now owned by Henry A. Fischer). It is questionable as to whether my client should have been required to apply for this first Special Use Permit. When the property was annexed, it was an active sand mining operation. This fact was known to the City. The annexation ordinance does not address this subject or in any way attempt to limit the area of the sand mining or the time frame in which it could continue to exist. Therefore there is nothing in the annexation ordinance that would require the sand mining operation to receive any further approval from the City. When the City annexed this property, it took it subject to the use in place. When this property was annexed in 1987 the City had no sand mining regulations. When the first Special Use Permit was issued on March 23, 1988, the City still had no sand mining regulations. The first sand mining regulations of the City were adopted by the City on November 30, 1988 by Ordinance No. 0-88-27. Therefore the entire sand mining operation at Vickers Grove is a valid prior existing use and as such is not subject to regulation by the City. This argument holds regardless of whether Resolution R-88-19 should have been required at all, since this Resolution had no expiration date or limit on the area that could be mined. In essence Resolution R-88-19 allows sand mining Mr. Bruce Cooper Page 2 March 14, 1994 anywhere on the property and as long as mining activities continue. When my client wanted to mine an adjacent area of the property they were told they had to get another special use permit, just as they were told to do this time. As a result my client did apply for and receive a new Special Use Permit, pursuant to Resolution No. R-90-19 for approximately 16.38 acres. When Resolution No. R-90-19 was adopted it contained a condition requiring my client to comply with the City's mining regulations that were now in force (Section 20A - 5.29 and 20A - 5.30 I -DR). This Resolution also limited the term of the permit to one (1) year, as per Section 20A - 5.36, subject to being renewed annually. Resolution No. R-90-19 contained a "Conflict" provision, which states that "all resolutions or parts of resolutions in conflict herewith are hereby repealed". There is no reference to a specific resolution that is being repealed. At best it could be argued by the City that Resolution No. R-88-19 was repealed as far as applicability to the 16.38 acres permitted under Resolution No. R-90-19, since they both dealt with the same 16.38 acres and the later Resolution would be ordinarily governs. However, I am of the opinion that this argument would fail because my client was misinformed as to the need to apply for a new permit when they already had a Special Use Permit issued by Resolution No. R-88-19. The Special Use Permit issued by Resolution No. R-88-19 is still valid for all of the Vickers Grove property, except arguably the 16.38 acres. Therefore my client does not need to obtain another Special Use Permit to continue the sand mining operation on the same property. We are not expanding the sand mining operation beyond the property that it was already occurring on when the property was annexed and when Resolution No. R-88-19 was adopted. I agree that so long as there is an approved Preliminary Plat for the Vickers Grove Subdivision that the Preliminary Plat needs to be amended to reflect the removal of certain lots in order to accommodate the sand mining operation. However, this is the only approval my client needs from the City. Because the City has required us to file an application for a new Special Use Permit, my client has incurred substantial expenses already and will incur additional expenses in preparing for the quasi-judicial hearing. Because this is a very important matter to my client we feel like we have no alternative but to have a court reporter present. If we should end up in litigation over this, we will be seeking monetary damages in addition to permission for the sand mining operation to continue on the property. If we are required to proceed with the quasi-judicial hearing on the Special Use Permit, I am hopeful that the Council will determine that the evidence presented is sufficient to warrant approval. Particularly when staff has stated that it has no objection to the issuance of the Special Use Permit. Assuming that we are required to obtain a new Special Use Permit, I request that the quasi- judicial hearing on the Special Use Permit be held first. After that hearing is concluded and closed, Mr. Bruce Cooper Page 3 March 14, 1994 I will then present my client's position on amending the Preliminary Plat. Since the amendment of a Preliminary Plat is only a public hearing and not a quasi-judicial hearing, I do not intend to call any witnesses or to otherwise conduct this request as if it were quasi-judicial. If you have any other authority, please let me know by Tuesday afternoon so that I am prepared for the Wednesday evening meeting. Very truly yours, U— �r- Warren W. Dill cch cc: Dr. Henry A. Fischer City of Sebastian 1225 MAIN STREET c SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 M E M O R A N D U M DATE: March 16, 1994 TO: Mayor Firtion & City Council FROM: Bruce Cooper Director of Community DevelopmenL�g REFERENCE: Vicker's Grove Preliminary Plat Please be advised that staff is recommending to continue the public hearing only on the portion regarding the major modification to the preliminary subdivision known as Vicker's Grove to April 20, 1994 at 7:00 P.M.. This is due to the fact that the applicant's engineer has not completed all necessary construction drawings related to the amendment to the preliminary subdivision. The applicant should be made aware that all necessary documents to complete his preliminary subdivision application must be submitted to the City Clerk's office no later than April 11, 1994. Thank you. BC/gk vgpp.wp City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 March 17, 1994 Dr. Henry A. Fischer PO Box 780068 Sebastian, FL 32978 Dear Dr. Fischer: The Sebastian City Council, at its March 16, 1994 Regular Meeting, approved the following motion in regard to your application for special use permit for the Vickers Grove Subdivision sandmining extension: "I would move that we approve the special use permit for Vickers Grove sandmining subject to the applicant meeting the requirements in Mr. Cooper's letter of 3/16/94 and continue the public hearing on the portion regarding the major modification to the preliminary subdivision until April 20, 1994 and to allow Saturday operations until such time as the City Council in sole discretion determines that Saturday operations constitutes a nuisance to the neighborhood." A copy of Mr. Cooper's March 16, 1994 memo is also attached for your information. The City Attorney will draft a resolution and bring it to City Council for formal approval of the special use permit in the near future. As stated in the motion, the portion of the hearing pertaining to the major modification of the preliminary plat has been continued to April 20, 1994. If you have any questions, please do not hesitate to contact me. Sincerely, Kathry M. O'Halloran, CMC/AAE City Clerk Enclosures sam MOSBY AND ASSOCIATES, INC. CONSULTING ENGI!.EEFS 2455 14TH AVENUE P.O. BOX 6368 VERO BEACH, FLORIDA 32961 407-569-0035 April 22, 1994 Mr. Bruce Cooper City of Sebastian P. O. Box 127 Sebastian, FL 34958-0127 Subject: Vicker's Grove Subdivision Sebastian, Florida Engineer's Project No. 93-131 Dear Mr. Cooper: As discussed on the telephone, enclosed are three (3) revised sets of the land mine construction drawings for the subject project. The drawings have been revised to include additional details of the proposed littorial zone plannings as requested. Should you have any questions regarding the above matter, please call. Very truly yours, f�41 Randy L. Mosby, P.E. RLM/jb cc: Dr. Henry Fischer c'. i HENRY FISCHER AND SONS, INC. PIT ACCOUNT P.O. BOX 780068 SEBASTIAN, FL 32978-0068 i 2492 S PO THE C/�y O/ S(�R rr li. _.. .__. _.. ._. ORDER OF-_� DI DOLLARS Fbsr unbn Narlonal lank FON' Sebastian. Florida 32958 FOR PO u 04/26/94 08:32 V 407 951 3741 FRESE,`H et al 4 01 a.wr s. 1 .e.m. Cn.v..r.. S.n N.w V.n . A. Torry. Ir.. Rmu.,v. R. Tvwry 6Mvm.m• A. H..rrm s J. PATRIOm AN,,.w- 1 Avm. L. Amom.eom CH.i A. SoHIL1.I." STRPHRN Y. HEUSTON WiL m A. Gminm or COUNOSL CR.e H.TRO NOR. OI cauNYml. FRESE, NASH & TORPY, P.A. ATTORNMYH AT LAW April 26, 1994 VIA TELECOPIER AND U.B. MAIL 569-5570 Bruce Cooper, Director of Community Development city of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Proposed Resolution No. R-94-25 Special Use Permit for Sand Mining Dear Bruce: 030 S. HAH H CITY DLYb. av,Ts 505 MHI...)IIYN 6, F1..HIbA:1L'901 14071 004.9500 FAX 14071 051.9741 t Bouly Cmmv,,m, .m T.> T.m. 'DIIAMU CERTIPIIIU IN WIILI, TRvere & B&T.TM S BOw.0 ClNIIvM, IM CIVIL TRIAL LA. X, A10 11C, T Enclosed with this letter please find the initial draft of Proposed Resolution No. R-94-25 pertaining to the captioned matter. Please carefully review the enclosed resolution and confirm for me that the applicant is Henry A. Fischer & Sons, Inc. and provide me with the number of acres of real estate involved in this special use permit. Please also advise me of any revisions you recommend be made to the proposed Resolution so that it can be finalized for presentation to the City Council. It is my understanding that you will provide a copy of the enclosed draft to the applicant's attorney, warren Dill, for his input as well. Looking forward to receiving feedback from you in connection with this matter at your earliest convenience. very truly Rours, FRESE, �i & TORPY, P.A. Cha les Zan Nash CIN11pp Enclosure as stated cc: File No. 89-4101 .. FRESE, NAsH (SQL TORPI', P.A. ATTORNEYS AT LAW GARY B. FNSE;z t 930 S. HARBOR CITY BLVD. CHARLES TAN NASH• SUITE 505 VmcENT G. ToRPY, JR. t PacHARD E. TORFY MELBOURNE, FwRroA32901 GREGORY S. HANSEN s 14071 9543300 J. PATEICR ANDERSON T.AuRA L. ANDERSON FAX 14071 951.3741 CHARL$9 A. SCHILLINOF.R STEPHEN P. HEuBTON tBOARD CERTIF® IN TAAATE N BOARD CERTIFIED IN WH , WH.I.IAH A. Gmmm TRUSTS & ESTATES OF COUNSEL =BOARD CERTIFIED IN CIVH, TRIAL LAW CRIB BATES FOSTER[,µ�s OF COON... ��� /._ erg I O7 7 o, April 26, 1994 0' ��( Rap l�'p VIA TELECOPIER AND U.S. MAIL 589-5570 P APR 28 ft4 a Bruce Cooper, Director of +3 Community Development City of Sebastian �2 1225 Main Street oz sL e1 Sebastian, FL 32958 Re: Proposed Resolution No. R-94-25 Special Use Permit for Sand Mining Dear Bruce: Enclosed with this letter please find the initial draft of Proposed Resolution No. R-94-25 pertaining to the captioned matter. Please carefully review the enclosed resolution and confirm for me that the applicant is Henry A. Fischer & Sons, Inc. and provide me with the number of acres of real estate involved in this special use permit. Please also advise me of any revisions you recommend be made to the proposed Resolution so that it can be finalized for presentation to the City Council. It is my understanding that you will provide a copy of the enclosed draft to the applicant's attorney, Warren Dill, for his input as well. Looking forward to receiving feedback from you in connection with this matter at your earliest convenience. Very trZ!,-"ORPY, ours, FRESE, P.A. Charlfes Ian Nash City Attorney CIN/lpp Enclosure as stated cc: File No. 89-4101 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 M E M O R A N D U M DATE: May 13, 1994 TO: Charles Ian Nash City Attorney FROM: Bruce Cooper Director of Community Developmen REFERENCE: Vickers Grove Sand Mining Resolution R-94-25 Enclosed are new legal descriptions for Phase I and Phase II of the Vickers Grove Sand Mine. Apparently, one of the previous phases was over 20 acres in size and had to be reduced to meet the Land Development Code. Please have these new legal descriptions incorporated in the resolution. The total acreage including both phases is 30.2 acres more or less. If you need anything further regarding this resolution, please do not hesitate to give me a call. Thank you. BC/gk vgs.wp P. O. BOX 1677 VERO BEACH, FL 32961-1677 PHONE: (407) 562-4744 FAX: (407) 562.0963 JAMES A. FOWLER Land Surveying ,Company THE BOUNDARY HUNTER VICKER'S,PFIASE I May MNY 13 1r� A parcel of land lying itl Section 17, Township 31 South, Range 39 East, being more particularly described as follows: Beginning at the Southwest corner of said Section 17, run North 890 35' 01" East, 2645.51 feet to a point of curvature of a curve concave Southwesterly, having a radius of 260.00 feet through which a radial line bears North 75° 05' 14" East; thence run Northwesterly 342.77 feet along the arc of said curve through a central angle of 750 30' 13"; thence South 890 35' O1" West, 275.39 feet; thence North 000 24' 59" West, 60.00 feet to the Point of Beginning. From the Point of Beginning, run South 890 35' 01" West, 186.53 feet; thence North 210 48' 43" West, 1483.14 feet to a point of curvature of a curve concave Southeasterly having a radius of 80.00 feet; thence run Northeasterly 125.66 feet along the arc of said curve through a central angle of 900 00' 00"; thence North 680 11' 17" East, 170.00 feet; thence South 210 48' 43" East, 1435.00 feet to a point of curvature concave Westerly, having a radius of 370.00 feet; thence run Southerly 138.17 feet along the arc of said curve through a central angle of 210 23' 44"; thence South 000 24' 59" East, 50.53 feet .to a point of curvature of a curve concave Northwesterly, having a radius of 25.00 feet; thence run Southerly 39.27 feet along the arc of said curve, through a central angle of 900 00' 00" to the Point of Beginning. AND ALSO A parcel of land lying in Section 17, Township 31 South, Range 39 East, Indian River County, Florida, being more particularly described as follows: Beginning at the Southwest corner of said Section 17, run North 890 35' 01" East, 112.00 feet; thence North 000 09' 07" East, 50.00 feet; -thence North 890 35' 01" East, 442.00 feet to the POINT OF BEGINNING. From the P.O.B., run North 00° 09' 07" East, 250.00 feet to a point of curvature concave Northeasterly having a radius of 50.00 feet through which a radial line bears North 890 35' 01" East; thence run Easterly 79.04 feet along the arc of said curve through a cen- tral angle of 900 34' 06"; thence North 890 35' 01" East, 745.01 feet to a point JAMES A. FOWLER Land Surveying Company THE BOUNDARY HUNTER P. O. BOX 1677 VERO BEACH, FL 32961-1677 PHONE: (407) 562-4744 FAX: (407) 562-0963 VICKER'S PHASE I cont'd. on a non -radial curve, concave Southeasterly, having a radius of 90.00 feet and through which a radial line bears North 00° 24' 59" West; thence run Southwesterly 91.09 feet along the arc of said curve through a central angle of 57° 59' 26"; thence South 310 35' 35" West, 191.88 feet; thence South 890 35' 01" West, 619.52 feet to the POINT OF BEGINNING. All the above situate in Indian River County, Florida and containing 12.3 acres, more or less. 9, P. O. BOX 1677 VERO BEACH, FL 32961-1677 PHONE: (407) 562-4744 FAX: (407) 562-0963 00%, A0%k JAMES A. FOWLER Land Surveying Company THE BOUNDARY HUNTER VICKEV S PHASE II May 13, 1994 A parcel of land lying in Section 17, Township 31 South, Range 39 East, Indian River County, Florida, being more particularly described as follows: Beginning at the Southwest corner of said Section 17, run North 89° 351 01" East, 112.00 feet; thence North 000 09' 07" East, 50.00 feet to the POINT OF BEGINNING. From the Point of Beginning, continue North 00° 09' 07" East, 1775.55 feet; thence South 890 35' 01" West, 361.39 feet to a point of curvature concave Southwesterly having a radius of 80.00 feet; thence run Southerly 124.87 feet along the arc of said curve through a central angle of 890 251 54"; thence South 000 09' 07" West, 1689.25 feet; thence South 890 35' 01" West, 442.00 feet to the Point of Beginning. All the above situate in Indian River County, Florida and containing 17.9 acres, more or less. INDIAN RIVER COUNTY PROPERTY APPRAISER 5/05/94 SUMMARY SCREEN ------------------------------------------------------------------------------- PARCEL # 17313900000500000003.0 NAME FISCHER,HENRY A LEGAL rADDR1 PO BOX 780068 NW 1/4 OF NW 1/4 OF SW 1/4 & N 1/2 OF SW ADDR2 1/4 OF NW 1/4 OF SW 1/4(OR BK 479 PP 44 ADDR3 CITY SEBASTIAN ST. FL ------------------------------------------------------------------------------ TAXES 1984.31 T/C 2 DR EXEM. ZIP 32978-0068 ------------------------------------------------------------------------------ SALES 1===> SALE CD 02 BOOK 00795 PAGE 02520 DATE 04 1988 PRICE 666700 2===> SALE CD 01 BOOK 00795 PAGE 02517 DATE 04 1988 PRICE 100 ------------------------------------------------------------------------------ VALUES LAND 77520 BLDG MISC ASSESSED 77520 ------------------------------------------------------------------------------ LAND ACRES 15.00 FRNTAGE .00 DEPTH .00 TYPE A ------------------------------------------------------------------------------ IMP PUSE 0000 STYLE BASE ADJ YRBLT Next Action --- > ------------------------------------------------------------------------------ P=Prev Parc N=Next Parc E=Exit Menu: <Ctrl R -Shift> pcANYWHERE Online INDIAN RIVER COUNTY PROPERTY APPRAISER 5/05/94 SUMMARY SCREEN ------------------------------------------------------------------------------- PARCEL # 17313900000500000002.0 NAME FISCHER,HENRY A LEGAL ADDR1 PO BOX 780068 PART OF NE 1/4 OF SW 1/4, W OF FEC RY ADDR2 ALSO. N 15 A OF E 1/2 OF NW 1/4 OF SW ADDR3 1/4, D BK 27, PP 572 LESS PARCEL DESC CITY SEBASTIAN ST. FL ------------------------------------------------------------------------------ TAXES 2360.33 T/C 2 DR EXEM. ZIP 32978-0068 ------------------------------------------------------------------------------ SALES 1===> SALE CD 02 BOOK 00795 PAGE 02520 DATE 04 1988 PRICE 666700 2===> SALE CD 01 BOOK 00795 PAGE 02517 DATE 04 1988 PRICE 100 ------------------------------------------------------------------------------ VALUES LAND 92210 BLDG MISC ASSESSED 92210 ------------------------------------------------------------------------------ LAND ACRES 26.13 FRNTAGE .00 DEPTH .00 TYPE A ------------------------------------------------------------------------------ IMP PUSE 4000 STYLE BASE ADJ YRBLT Menu: <Ctrl R -Shift> Next Action --- > -------------------------------------- P=Prev Parc N=Next Parc E=Exit pcANYWHERE Online INDIAN RIVER COUNTY PROPERTY APPRAISER 5/05/94 SUMMARY SCREEN -------------------------------------------------------------------------- PARCEL # 17313900000500000004.0 NAME FISCHER,HENRY A LEGAL ADDR1 PO BOX 780068 S1/2 OF S 1/2 OF NW 1/4 OF SW 1/4 ADDR2 ADDR3 CITY SEBASTIAN ST. FL ------------------------------------------------------------------------------ TAvvo GAD f.) m/n 7 nn vvvm 7Tn 170'70-nncn SALES 1===> SALE CD 02 BOOK 00795 PAGE 02520 DATE 04 1988 PRICE 666700 2===> SALE CD O1 BOOK 00795 PAGE 02517 DATE 04 1988 PRICE 100 ------------------------------------------------------------------------------ VALUES LAND 37060 BLDG MISC ASSESSED 37060 ------------------------------------------------------------------------------ LAND ACRES 10.24 FRNTAGE .00 DEPTH .00 TYPE A ------------------------------------------------------------------------------ IMP PUSE 0000 STYLE BASE ADJ YRBLT Menu: <Ctrl R -Shift> Next Action --- > -------------------------------------- P=Prev Parc N=Next Parc E=Exit pcANYWHERE Online INDIAN RIVER COUNTY PROPERTY APPRAISER 5/05/94 SUMMARY SCREEN ------------------------------------------------------------------------------ PARCEL # 17313900000500000002.1 NAME FISCHER,HENRY A LEGAL ADDR1 PO BOX 780068 THAT PART OF NE1/4 OF SW1/4 MORE PART ADDR2 DESC AS FOLL: BEG AT SW COR OF SAID ADDR3 NEI/4 OF SW1/4, TH N 00 DEG 06 MIN 44 CITY SEBASTIAN ST. FL ------------------------------------------------------------------------------ TAXES 1003.42 T/C 2 DR EXEM. ZIP 32978-0068 ------------------------------------------------------------------------------ SALES 1===> SALE CD 02 BOOK 00795 PAGE 02520 DATE 04 1988 PRICE 666700 2===> SALE CD O1 BOOK 00795 PAGE 02517 DATE 04 1988 PRICE 100 VALUES LAND 39200 BLDG MISC ASSESSED 39200 ------------------------------------------------------------------------------ LAND ACRES 5.81 FRNTAGE .00 DEPTH .00 TYPE A IMP PUSE 4000 STYLE BASE ADJ YRBLT Next Action --- > ------------------------------------------------------------------------------ P=Prev Parc N=Next Parc E=Exit Menu: <Ctrl R -Shift> pcANYWHERE Online INDIAN RIVER COUNTY PROPERTY APPRAISER 5/05/94 SUMMARY SCREEN ------------------------------------------------------------------------------ PARCEL # 17313900000500000005.0 NAME FISCHER,HENRY A LEGAL ADDR1 PO BOX 780068 SW 1/4 OF SW 1/4 ADDR2 ADDR3 CITY SEBASTIAN ST. FL ------------------------------------------------------------------------------ TAXES 4865.06 T/C 2 DR EXEM. ZIP 32978-0068 ------------------------------------------------------------------------------ SALES 1===> SALE CD 02 BOOK 00795 PAGE 02520 DATE 04 1988 PRICE 666700 2===> SALE CD O1 BOOK 00795 PAGE 02517 DATE 04 1988 PRICE 100 ------------------------------------------------------------------------------ VALUES LAND 190060 BLDG MISC ASSESSED 190060 ------------------------------------------------------------------------------ LAND ACRES 40.00 FRNTAGE .00 DEPTH .00 TYPE A ------------------------------------------------------------------------------ IMP PUSE 0000 STYLE BASE ADJ YRBLT `~ Next Action --- > ------------------------------------------------------------------------------ Menu: <Ctrl R -Shift> y y V y^y pcANYWHEREOnline INDIAN RIVER COUNTY PROPERTY APPRAISER 5/05/94 SUMMARY SCREEN ------------------------------------------------------------------------------- PARCEL # 17313900000500000006.0 NAME FISCHER,HENRY A LEGAL ADDR1 PO BOX 780068 N 1/2 OF SE 1/4 OF SW 1/4, LYING W OF ADDR2 FEC RY R/W ADDR3 CITY SEBASTIAN ST. FL ------------------------------------------------------------------------------ TAXES 2093.86 T/C 2 DR EXEM. ZIP 32978-0068 ------------------------------------------------------------------------------ SALES 1===> SALE CD 02 BOOK 00795 PAGE 02520 DATE 04 1988 PRICE 666700 2===> SALE CD 01 BOOK 00795 PAGE 02517 DATE 04 1988 PRICE 100 ------------------------------------------------------------------------------ VALUES LAND 81800 BLDG MISC ASSESSED 81800 ------------------------------------------------------------------------------ LAND ACRES 13.92 FRNTAGE .00 DEPTH .00 TYPE A ------------------------------------------------------------------------------ IMP PUSE 4000 STYLE BASE ADJ YRBLT Next Action --- > ------------------------------------------------------------------------------ P=Prey Parc N=Next Parc E=Exit Menu: <Ctrl R -Shift> pcANYWHERE Online INDIAN RIVER COUNTY PROPERTY APPRAISER 5/05/94 SUMMARY SCREEN ------------------------------------------------------------------------------- PARCEL # 17313900000500000007.0 NAME FISCHER,HENRY A LEGAL ADDR1 PO BOX 780068 S1/2 OF SE1/4 OF SW1/4 LYING W OF FEC RY ADDR2 R/W & THAT PART OF SW1/4 OF SEI/4 LYING ADDR3 W OF FEC RR R/W CITY SEBASTIAN ST. FL ------------------------------------------------------------------------------ TAXES 3122.63 T/C 2 DR EXEM. ZIP 32978-0068 ------------------------------------------------------------------------------ SALES 1===> SALE CD 02 BOOK 00795 PAGE 02520 DATE 04 1988 PRICE 666700 2===> SALE CD 01 BOOK 00795 PAGE 02517 DATE 04 1988 PRICE 100 ------------------------------------------------------------------------------ VALUES LAND 121990 BLDG MISC ASSESSED 121990 ------------------------------------------------------------------------------ LAND ACRES 17.86 FRNTAGE .00 DEPTH .00 TYPE A ------------------------------------------------------------------------------ IMP PUSE 4000 STYLE BASE ADJ YRBLT Next Action --- > ------------------------------------------------------------------------------ P=Prey Parc N=Next Parc E=Exit Menu: <Ctrl R -Shift> pcANYWHERE Online INDIAN RIVER COUNTY PROPERTY APPRAISER 5/05/94 SUMMARY SCREEN ------------------------------------------------------------------------------- PARCEL # 17313900000300000016.0 NAME FISCHER,HENRY A LEGAL ADDR1 PO BOX 780068 SE1/4 OF SW1/4 OF NW1/4 & S1/2 OF SE1/4 ADDR2 OF NW1/4, LYING W OF FEC RY ADDR3 CITY SEBASTIAN ST. FL ------------------------------------------------------------------------------ TAXES 2944.99 T/C 2 DR EXEM. ZIP 32978-0068 ------------------------------------------------------------------------------ �rr�� 1—__\ OATS nn nn nnnv nn'70R nAry nn0nn nrmc nn 1000 nnrnc creno L)(y LLLV 1 / �/a. uvua� v a�avu �..v [aiu vz i��v aaaa vu 2===> SALE CD O1 BOOK 00795 PAGE 02517 DATE 04 1988 PRICE ------------------------------------------------------------------- VALUES LAND 115050 BLDG MISC ASSESSED --------------------------------------------------------------------- LAND ACRES 13.00 FRNTAGE .00 DEPTH .00 TYPE --------------------------------------------------------------------- IMP PUSE 6600 STYLE BASE ADJ Menu: <Ctrl R -Shift> VVV100 115050 Q YRBLT Next Action --- > -------------------------------------- P=Prey Parc N=Next Parc E=Exit pcANYWHERE Online 00% /U% 05/19/94 09.1 V 407 951 3741 FRESE," SH et al 16 01 GAN. B. FAEBE . URAR IAN NABR VIKMNT O. TORYY, JA.. R lcN "BI. 710 ! GIUIWRY S. HANBEN J. PATAIG ANOYRSON I'AVRA L ANDERSON CRA a A. BOHI[J,INOCR 6xE nzw P. HEVBTON WR3.IAY A. GRIMN OF COUNSEL amis T3ATEB real." of CouNSEI. FRESE, NASH & TORPY, P.A. ATTORNEYS AT 7.AW FACEIMILS TRAMBMITT L Facsimile Number: Deliver to: From: Date: Total Pages: Re: FN&T File No.: 980 H. HARDUR CITY BLVD. HUIT'm 505 Id ISLHOTJRNG. FLORIDA 39901 14071 984.3800 FAX 44071 001-4741 t IiUAnD (�, RTIYIR4 an TAJ( ..m •13OART1 CEATI"XII In W, THOBTR 6 X..Tee S BOART, CERTIFIED In CIYIL TRIAL LAw (407) 589-5570 Bruce Cooper Richard E. Torpy, E 4 May 19, 1994 9 (Including Cover Sheet) Resolution R-4-25 882489 IF YOU DO NOT RECEIVE ALL PAGES SHOWN ABOVE, PLEASE CALL OUR OFFICE. THANK YOU! RFt0 CLAY IMPORTANT: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFOR14ATTON THAT IS PRIVILEGED, CONFIDENTIAL D EXEMPT FROM THE DISCLOSURE UNDER APPLICABLE LAW, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE UNITED STATES POSTAL SERVICE. THANK YOU. Code #16 /ft wlk ec 4073880871 SF",TIAN FIN. GRP. x'098 P01 MAY 24 194 14:55 WARREN W. DILL, P.A. Attorney -At -Law OUR FAX NO. (407) 388-0871 Wabasso One Building 9025 U.S. Hwy. 1, Suite 4 Sebastian, Florida 32958 Telephone: (407) 589-1212 DATE: May 24 1994 TO: Bruce Coo -per LOCATION: Cit] of Sebastian FAX NO. (407) 589-5570 NO. OLr PAGES (INCLUDING COVER): 3 FROM: Warren W. Dill REMARKS: ORIGI'XAL WILL ( X ) WILL NOT ( ) FOLLOW. THIS FACSIMILE TRANSMISSION CONTAINS CONFIDENTIAL AND/OR LEGALLY PRIVILEGED INFORMATION FROM THE LAW OFFICE OF WARREN W. DILL, P.A., INTENDED SOLELY FOR THE USE OF THE INDIVIDUAL(S) NAMED ON THIS TRANSMISSION SHEET. IF YOU ARE NOT THE INTENDED HECIPIENT, YOU ARE NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TARING OF ANY ACTION BASED ON OR IN RELIANCE UPON THE CONTENTS OF THIS FACSIMILE TRANSMISSION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US BY TELEPHONE IMMEDIATELY SO THAT WE CAN ARRANGE FOR THE RETURN OF THE DOCUMENTS AT NO COST TO YOU. 5--/ �y a Q o� ozv f rIAN1967�� SEBI�JT I RN FIN. GRP. 09e P02 WAEuEN W. Duz, P. A. ATiORNEY-AS-LAW ,ARREN W. DILL MEMBER OF: FLORIDA BAR WYOMING EAR NEBRASXA BAR Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, FL 32958 BY FACSIMILE THIS DATE Dear Bruce: May 24, 1994 MAY 24 194 14:56 WABASSO ONE BUILDING 9025 U. S. HWY. I. SUITE 4 SEBASTTAN, FLORIDA 32958 (447) 589-1212 FAS (407) 388-0871 re: Proposed Resolution R-9425 Special Use Permit for Vicker's Sand Mine After reviewing the above referenced Resolution, I have the following comments: 1. Revised legal descriptions have been submitted to you by Randy Mosby. 2. In Section 1, the word "use" is misspelled. 3. Section 2. A. The majority of this subparagraph is beyond the scope of the motion by the City Council. I believe that it should read: "Compliance with Sections 20A-5.19 and 20A-5.37 inclusive, of the Land Development Regulations." F. The first two lines are consistent with the City Council's motion, the remainder was not part of the motion; however, something could be added consistent with 20A -5.30(d)1(2) like: "unless the City Council determines at a public hearing that Saturday mining operations are constituting a nuisance to the neighborhood." WARREN W. WARREN W. DILL MEMBER OF: FLORIDA BAR WYOMING BAR NEBRASKA BAR Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, FL 32958 re: BY FACSIMILE THIS DATE Dear Bruce: 24, 1994 Proposed Resolution R-94-25 Special Use Permit for Vicker's Sand Mine After reviewing the above referenced Resolution, I have the following comments: 1. Revised legal descriptions have been submitted to you by Randy Mosby. 2. In Section 1, the word "use" is misspelled. 3. Section 2. A. The majority of this subparagraph is beyond the scope of the motion by the City Council. I believe that it should read: "Compliance with Sections 20A-5.19 and 20A-5.37 inclusive, of the Land Development Regulations." F. The first two lines are consistent with the City Council's motion, the remainder was not part of the motion; however, something could be added consistent with 20A -5.30(d)1(2) like: "unless the City Council determines at a public hearing that Saturday mining operations are constituting a nuisance to the neighborhood." WABASSO ONE BUILDING 9025 U. S. HWY. 1, SUITE 4 P'Qo SEBASTIAN, FLORIDA 32958 (407) 589-1212 FAX (407) 388-0871 24, 1994 Proposed Resolution R-94-25 Special Use Permit for Vicker's Sand Mine After reviewing the above referenced Resolution, I have the following comments: 1. Revised legal descriptions have been submitted to you by Randy Mosby. 2. In Section 1, the word "use" is misspelled. 3. Section 2. A. The majority of this subparagraph is beyond the scope of the motion by the City Council. I believe that it should read: "Compliance with Sections 20A-5.19 and 20A-5.37 inclusive, of the Land Development Regulations." F. The first two lines are consistent with the City Council's motion, the remainder was not part of the motion; however, something could be added consistent with 20A -5.30(d)1(2) like: "unless the City Council determines at a public hearing that Saturday mining operations are constituting a nuisance to the neighborhood." rn Mr. Bruce Cooper Page 2 May 24, 1994 GEO Please advise at which City Council meeting this Resolution will be considered. Thank you for allowing me the opportunity to review the proposed Resolution. Very truly yours, Warren W. Dill cch cc: Dr. Henry A. Fischer Henry A. Fischer & Sons, Inc. GARY B. FREER, CHARL. IAN HASH. VINCENT G. TORPY. JR.: RICHARU E. TORPY GREGORY S. HANSE\ i J. PATRIcR ANDERSON LAURA L. ANORRBON CHARLES A. SCHILLINGER STEPHEN P. HEUSTON WILLIADI A. GRI.H OF COUNSEL CRIE BATES FOSTER OF COUNSEL rMQ FRESE, NASH & TORPy, P.A. ATTORNEYS AT LAW June 22, 1994 Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, FL 32958 930 S. HARBOR CITY BLVD. SUITE 505 MELBOURNE. F EORIDA32901 14071 9843300 FAY 14071 951-3741 t BOARD CF.RTIFREO IN TA% TwN BOARD CERTIPR:D IN W11 IS. TRUSTS & ESTATES i BOARI) CERTIFIED IN CIVIL TRUL LAW Re: Proposed Resolution R-94-25 Special Use Permit for Vicker's Sand Mine Our File No. 882489.2558 Dear Bruce: In preparing the revisions to Resolution R-94-25, I discussed the content of Mr. Dill's letter with him. The language changes he wants in the resolution are very significant. I believe he and I have come to an agreement with regard to paragraph F. As a result, I will not be changing the language of the resolution as requested by Mr. Dill. The requested changes to paragraph A, however, presents some very substantial issues. Specifically, Mr. Dill wants us to remove language requiring compliance with "future" applicable Federal Florida Statute rules and regulations, County ordinances and the ordinances and resolutions of the City of Sebastian.' ` I,i" � co.;u�lea� to me was that he was afraid that this language would be used to force them to change the method of their operation in the future if the City of Sebastian decides to change their code. I understand his concern with this requirement, however, I am unclear what City Council's intent was when this resolution was adopted. It may be necessary for us to be bring this matter back before Council for clarification. I suggest you discuss this issue with Mr. Koford and then place this item back on Council agenda for discussion in order to come up with acceptable language to all parties involved. Mr. Bruce Cooper Director of Community Development June 22, 1994 Page -2- I will not be taking any further action on this resolution until I hear from you. Sincerely, FRESE, NASH & TORPY, P.A. Ri and E. Torpy RET/lb cc: Joel Koford, City Manager 4073880871. SEBRST--N FIN. GRP. 492 P01 JUN 30 '94 16:17 OUR FAX NO. WARREN W. DILL, P. Attorney -At -Law (407) 388-0871 DATE: June 30 1994 TO: Bruce Coover LOCATION: City of Sebastian FAX NO: 407-589-5570 NO. OF PAGES (INCLUDING COVER): 5 FROM: Warren Wabasso One Building 9025 U.S. Hwy. 1, Suite 4 Sebastian, Florida 32958 Telephone: (407) 589-1212 RggARgS: Followinc is my letter to you of today's date re proposed Resolution R-94-25 Special Use for Vicker's ORIGINAL WILL ( _)SWILL NOT ( X ) FOLLOW. 1916 gA65RaW Trx�MriUMN GOR'£AM GOMIRETIAB MMR 8&9 W JP7iI]SjYj�iJL��TM Ulf 81 m�'Ii}el�nis ill) L8v HIPa�}mnoll8 OREET. IP YOU IU NOTVXM21G INTENDED RECIPIENT, YOU ARE NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TARING OF ANY ACTION EASED ON OR IN RELIANCE UPON THE CONTENTS OF THIS FACSIMILE TRANSMISSION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY IIS BY TELEPHONE IMMEDIATELY So THAT WE CAN ARRANGE FOR THE RETURN OF THE DOCUMENTS AT NO COST TO YOU, 4073880871 SEB"TIAN FIN. GRP. -402 P02 JUN 30 '94 16:17 WABaEN W. Dirt, P. A. AlTO&NEY-AT- LAW WARREN W. DILL MEMSER OF: FLORIDA BAR WYOMING BAR NEBRASr.A BAR Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, FL 32958 re: BY FACSIIvDLE THIS DATE Dear Bruce: WASASSO ONE BUILDING 9026 U. S. HWY. 1, SUITE 4 SEBASTIAN, FLORIDA 32966 (407) 689-12L2 PAA (407) 388.0871 June 30, 1994 Proposed Resolution R-94-25 Special Use Permit for Vicker's Sand Mine I recently spoke with Rick Torpy concerning the terms and legal description for the above referenced Resolution. I would like to receive a revised copy of the proposed Resolution before i1 goes to the City Council. I asked Randy Mosby to review the legal description included in the Resolution. He has indicated to me that the proposed legal description is in error. Following is a copy of the correct description as revised on May 13, 1994 for Phase 1 and 2. I was under the impression that he had previously provided this to you or Charlie Nash, but I am not certain of this. Very truly yours, vV Warren W. W. Dill sgc PC: Henry A. Fischer & Sons, Inc. ... CUMBERLAND CASUALTY & SURETY COMPANY 1 R E S T O R A T I".Q 'N B B O N D ``. MB MAY 11 o.: 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 (S46.380.001 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 I { a permit to ) 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 be and remain in full force and effect. PROVIDED, HOWEVER, AND UPON THE FOLLOWING EXPRESS CONDITIONS: "ft 1 +^► 00% 1. This bond shall be and remain in full force during the term of said license unless canceled in accordance with paragraph 2 below: but if said license or permit was issued for a term of one year or any other specific term, and said license or permit is renewed for one or more specific terms, this bond shall be and in hereby extended to cover during such additional term or terms.. In no event, however shall the liability of the Surety be cumulative from year to year or from period to period, nor exceed the penal sum written in the first paragraph of this bond. 2. The Surety shall have the right to terminate its liability hereunder by notifying in writing City of Sebastian, (10) days in advance of its intention as to do. HENRY A. FISCHER CUMBERLAND CASUALTY & SURETY COMPANY Attorney -In -Fact w ' r a/k CU, ERLAND CASUALTY & SURETY COM SWAN 1Y POWER OF ATTORNEY BOND MB N2 004302 KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casually & Surety Company, a corporation duly organized under the laws of the Slate of Texa.v, having its principal office in the city of Tampa, Florida, does hereby make, constitute and apoint its true and lawful atiomey(s)-in-fact, for it and in its name, to sign, execute, acknowledge, deliver, act and deed on its behalf in issuing the following bonds required by statute, decree of court, or ordinance, as follows: MAXIMUM PENALTY ALL MISCELLANEOUS BONDS $50,000 And to bind Cumberland Casually & Surely Company thereby as fully and to the same extent as if such bond or undertaken was signed by the duly authorized officer of the Cumberland Casualty & Surety Company. IN WITNESS WHEREOF. the Cumberland Casualty & Surety Company hes caused this Power of Attorney to be signed by an officer of the Company and its Corporate Seal to be hereto affixed. oA�TY a so CUMBERLAND CASUALMTY TY COMPANY °o eosroaeee qs1 x SEAL i Joseph M. Williams, President m a STATE OF FLORIDA ) �� >•� I SS h0UST00 COUNTY OF HILLSBOROUGH I rExAS On this Isl day of September A.D. 1993 before me personally came Joseph M. Williams, tome known, who being by me duly mom, did depose and ray; that he resides in the County of Hillsborough, State of Florida; that he is President, of the Cumberland Casualty & Surely Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was an affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. _ �KI . 'o m u e Nnta Public eye rorA tF9� Notary Public fa�e o�il048 B1 Largee. PUBLIC x waaarw > My Commission Expires MY COIBBIisSlon Expires Aug. 4. 199$ uur or STATE OF FLORIDA ) °e `foar°• o' ) SS COUNTY OF HILLSBOROUGH ) I, the undersigned, Secretary of the Cumberland Casually & Surely Company, a Texas Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. eµn a Signed and Scaled at the City of Tempe. Js ,.,..,�yi Dated the 14TH day of JULY ,19 94 � SFAT• � 1 *4 a,ca rexu r Beth Coty, Secretary THIS BOND NOT VALID UNLESS PRINTED ON BLUE PAPER R A CUMBERLAND CASUALTY & SURETY COMPANY 4311 West Waters Suite 401 Tampa, FL 33614 813/885-2112 FAX: 813/885-6734 C O M P L I A N C E BOND NO.: B O N D NB004301 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 FIFTY ONE THOUSAND THREE HUNDRED EIGHTY DOLLARS AND N01100 ($51,380.00) 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 hermit to a minina oneration tract 95.4 acrps in size_ lnnatpr3 for a term beginning on Julv 141 1994 and ending o July 14, 1995. flie<.L5 Co,..,<c.fe �. r,.,:1s•y (c�, 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 la\cs 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 be and remain in full force and effect. PROVIDED, HOWEVER, AND UPON THE FOLLOWING EXPRESS CONDITIONS: k ookk 1. This bond shall be and remain in full force during the term of said license unless canceled in accordance with paragraph 2 below: but if said license or permit was issued for a term of one year or any other specific term, and said license or permit is renewed for one or more specific terms, this bond shall be and in hereby extended to cover during such additional term or terms. In no event, however shall the liability of the Surety be cumulative from year to year or from period to period, nor exceed the penal sum written in the first paragraph of this bond. 2. The Surety shall have the right to terminate its liability hereunder by notifying in writing CITY OF SEBASTIAN. P_n_ Rnx 127_ Sebastian. Florida 32958 ten (10) days in advance of its intention as to do. HENRY A. CUMBERLAND CASUALTY & SURETY COMPANY COTY X Attorney -In -Fact . it ^ I'%� CU, .ERLAND CASUALTY & SURETY COM. qY POWER OF ATTORNEY BOND MB N2 004301 KNOW ALI, MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company, a corporation duly organized under the laws of the State of Texas, having its principal office in the city of Tampa, Florida, does hereby make, constitute and apoint BETH COTY its true and lawful enomey(s)-in-fact, for it and in its name, to sign, execute, acknowledge, deliver, act and deed on its behalf in issuing the following bonds required by at a lute, decree of court, or ordinance, as follows: MAXIMUM PENALTY ALL MISCELLANEOUS BONDS $S0,000 And to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaken was signed by the duly authorized officer of the Cumberland Casualty & Surety Company. IN WITNESS WHEREOF, the Cumberland Casualty & Surety Company has caused this Power of Attorney to be signed by an officer of the Company and its Corporate Seal to be hereto affixed. ("".,)S CUMBERLAND CASUAL & UR TY COMPANY Joseph M. Williams. President STATE OF FLORIDASSCOUNTY OF HILLSBOROUGH ) On this tat day of September , A.D. 1993 , before me personally came Joseph M. Williams, to me known, who being by me duly sworn, did depose and my; that he resides in the County of Hillsborough, State of Florida; that he is President, of the Cumberland Casualty & Surety Company, the corporation described in and which executed the above instrument; that he knows the seal of avid corporation; that the seal affixed to the said instrument is such corporate seal; that it was an affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. STATE OF FLORIDA COUNTY OF HILLSBOROUGH 4,5P F. RGa TA sWP �° A�p-t PUBLIC T , XOIO, i pm or r ) r`l'p F(Onaab a� SS °AouaH c Notary Public 1a1a0 Florila at Large PhGc My Commission Expires My Commission Expires Aug, 4. 1999 1, the undersigned, Secretary of the Cumberland Casualty & Surety Company, a Texas Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full farce. UK a Signed and Sealed at the City of Tempe. �,.s,,,�'+�1 � sRAT• � ,r �rexaba Dated Ne 14TH day of JULY ,19 94 THIS BOND NOT VALID UNLESS PRINTED ON BLUE PAPER Beth Coty, Secretary GARY B. FRESE I CRARLES IAN NASH ' VINCENT G. TORPY. JR. . RICHARD E. ToNPY GREUORY S. HANSEN t J. PATH= ANDERSON LAURA L. ANDERSON CHARLES A. SDIDI.LINOER STEPHEN P. HEUSTON WD.I.IAM A. GHIHH OF COUNSEL CRIS BATES FOSTER OF COUNSEL .. .W., e e go- - I I-�%Jqq FRESE, NASH & TORPY, P.A. ATTORNEYS AT LAW July 19, 1994 Warren W. Dill, Esq. Wabasso One Building 9025 U.S. Highway 1, Suite 4 Sebastian, FL 32958 930 S. HARBOR CITY BLVD. SUITE 505 MELBOURNE. FLORIDA 32901 (407) 984-3300 FAIT (407) 951-3741 t BOARD CERTIFIED IN TAxATION 'BOARD CERT=D IN W... TRUSTS & ESTATES i BOARD CERTIFIED IN CML TRIAL LA W Re: Special Use Permit for Expanding Sand Mining In Vicker's Grove Our File No. 89-4101 Dear Mr. Dill: At the Sebastian workshop on July 6, 1994, they directed me to work with you to try to come up with language that is acceptable to you regarding the application of future laws to the Vicker's Grove site. Please contact me so we can discuss this matter and get it concluded once and for all. Thank you for your cooperation in this regard. Sincerely, FRESE, NASH & TORPY, P.A. Richard E. Torpy RET/lb cc: Jo 1 Koford a � 4 o Oe pEI�LpN City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 MEMORANDUM DATE: November 28, 1994 TO: Clifton A. McClelland, Jr. City Attorney THROUGH: Joel L. Koford(�„/, City Manager FROM: Bruce Cooper Director of Community Development REFERENCE: Vicker's Sand Mine R-94-25 Please be advised that I have not received any language changes from Mr. Dill regarding Fischer's Sand Mining permit and I have been waiting for the revised resolution for some time from Mr. Torpey. At its regular workshop meeting of July 7, 1994, the City Council authorized the assistant City Attorney to work with Attorney Dill to amend paragraph A of Section 2 of Resolution R-94-25. Mr. Dill did submit two proposed amendments to the resolution which was included in the back-up material to the City Council for their review. Below is a brief chronological list of events regarding this resolution: 1. March 16, 1994 - City Council approved the City Attorney to draft a resolution for the approval of Vicker's Grove Sand Mining expansion. Clifton A. McClelland, Jr. Vicker's Grove Sand Mining Page Two 2. July 6, 1994 - City Council authorized Mr. Torpey to work Attorney Dill to amend Subsection 2A of Resolution R-94- 25 and bring the resolution back to City Council for approval. 3. July 19, 1994 - Attorney Torpey sends letter to Mr. Dill advising his authorization to work with Mr. Dill to amend paragraph A. 17vo'� 4_ILI-97 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT TECHNICAL STAFF REPORT April 7, 1997 Applicant Dr. Henry A. Fischer P.O. Box 780068 Sebastion, Florida 32978 Consultant: Randy Mosby, P.E. Mosby and Associates, Inc. 2455 14th Avenue Vero Beach, Florida 32960 County: Indian River Project Name: VICKER'S GROVE SAND Section: 17 Township: 31S MINE/SUBDIVISION Acres Owned: 117 ProjectAcreage: eage: 117 Range: 39E Authority: chapter 373 F.S.; chapter 40C-4 F.A.C. F.A.C. Basin Code: 10E General Project Description of Application No. 4-061-0088AM5-ERP: This application is for the modification of an existing surface water management system. The proposed modification will include expansion of an existing 95.4 -acre borrow pit to 107.7 acres. Receiving Water Body(ies): Indian River Lagoon Class III Existing Land Use: borrow pit Operation and Maintenance Entity: owner Easements/Restrictions: NO Staff Comments: This project is located just south of State Road -512 and west of US -1 in the City of Sebastian and presently consists of a 95.4 -acre borrow pit. This modification is to expand the borrow pit by 12.3 acres. The expansion will be along the eastern edge of the existing pit and will be within proposed industrial lots and an access road permitted under MSSW permit #4-061-0088. The road right -of way will be relocated and the size of the industrial lots will be reduced to provide for the expansion. City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 February 24, 1998 Mrs. Corinn VanBuskirk 865 Dolores Street Sebastian, Florida 32958 Dear Mrs. VanBuskirk: In response to your November 12, 1997 letter to Mayor Barnes, which you distributed at the February_ 4. 1998 City Council Workshop, I have provided the following information. 1. Can someone explain the inconsistencies with these bonds? (Sec. 20A-5.30) In my November 4, 1997 letter to you, I indicated that the inconsistencies could not be explained. However after further investigation, we have developed the following calculations in relation to the sand mining operation. My calculations indicate that the three phases which have been approved by the City total 42.5 acres. Therefore, $42,500 is the required amount for both the compliance and restoration bonds. As you have indicated, the compliance bond totals $51,380 and the restoration $46,380. Our records indicate that the site was originally approved as a subdivision with a 65.17 acre stormwater management tract. The excavation of this area technically is not a "sand mine" nor was it permitted as a "sand mine". Therefor a bond was not required for that portion. However. the total approved project site area is 116.55 acres of which 65.17 acres were approved as a stormwater management tract. If you deduct the 65.17 acres from 116.55 you get 51.38 acres. The compliance and restoration bond amounts are determined by Section 20A -5.30(e)2: The compliance and restoration bond shall be posted in the amount of one thousand dollars ($1,000) per acre of the project site with a minimum of five thousand dollars ($5,000). The restoration bond shall be posted in the'amount of one thousand dollars($1,000) per acre of excavation with a minimum of five thousand dollars ($5,000). Using these calculations, the total for the compliance bond is $51,380. It is believed that at time of bond issuance, the developer anticipated excavating an additional 46.38 acres for a restoration bond total of $46,380. However, St. Johns Water Management District and the City have only approved an additional 42.5 acres. Therefor, the bond was issued at a higher value ($46,380 vs. $42,500) than required by city code. In addition, the developer has only requested an additional 30.2 acres of excavation since initial approval. The current bonds held by the City are adequate for the permitted mining operations. 2. Why is your code not enforced when the annual progress report is late, incomplete and unacceptable to City StalTd (Sec. 20A-5.30) The first submittal of the 1997 annual report was not acceptable to staff because it was incomplete. In compliance with code enforcement procedures, the applicant was notified of the deficiencies. Within nine days of the date of my letter, a revised annual report was submitted. The revised report was found to complete and acceptable to staff. 1 have also responded to the additional questions and comments which you addressed to the City Council on February 4, 1998. Why are city permits not on the annual report? The staff has interpreted the code to require that information of all other permitting authorities shall be included in the annual report. The City permit information is available in the Cit_v's tiles and it is not necessary to repeat the information which the City already has. 2. Have the setbacks been exceeded for the proposed Gilson Avenue and Vickers Road? The first special use permit for the sand mining operation was issued on March 23, 1988 (R-88- 19). The first sand mining regulations were approved on November 30, 1988 (0-88-27). The Vickers Subdivision Preliminary Plat was approved by Resolution R-89-44 on September 13. 1989 and again on June 12, 1991 by Resolution R-91-18. The location of Gilson Avenue next to the sand mining operations was approved at that time. Vickers Road is assumed to be the road for Vickers Grove Industrial Subdivision. That road is proposed to be a private road, therefor, the mining activity is exempt from setback requirements. Attached you will find a history of all City Council actions taken on Vickers Grove Industrial Subdivision and Vickers Sand Mine. I trust this information will answer your questions. To better answer any future questions you may have. we are in the process of composing a history of Vickers Grove Sand mine. This history will be made available to you as soon as possible. For the time being. I have included copies of the Vickers Grove Subdivision Dates and Actions dating 1/23/86 - 2/19/97. This information should be helpful in informing you as to the history of the sand mining operation. Please feel free to contact me if you require any additional information. Sincerely. Robert J. Massarelli Community Development Director Attachments cc: Mayor and Council Mr. Thomas Frame, City Manager City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 March 23, 1998 Mrs. Corina VanBuskirk 865 Dolores Street Sebastian, Florida 32958 Dear Mrs. VanBuskirk: In follow up to Bob Massarelli's letter to you dated February 24, 1998, I have provided the following -- information. Attached you will find a history of all minutes and actions taken by the Plannine and Zoning Board and City Council on Vickers Grove Industrial Subdivision and Vickers Sand Mine. This information should be helpful in familiarizing you with the history of the sand mining operation and effective in answering some of the questions you have raised. Please feel free to contact me if you require any additional information. Sincerely, .7 Tracy E. Hass Planner II Attachment(s) cc: Mayor and Council Mr. Thomas Frame, City Manager August 12, 1998 Governor Lawton Chiles State of Florida Office of the Governor The Capitol Tallahassee, FL 323399-0001 Re: VICKERS SAND MINE 4-061-0088AM5-ERP Dear Governor Chiles, I believe for the last several years the Vickers sand mine has been and continues to be in violation of our City codes. In the attached letter from our recently resigned, Community Development Director, Mr. Massarelli stated. "The excavation of thisarea technically is not a sand mine nor was it nerm,t.tcA a. ...A -4-- St. Johns River Water Management District has issued the above permit to excavate 107.7 acres. We have a serious discrepancy between City & State permits issued to the Vickers pit. I would respectfully recommend, a current survey be done on the entire project site to determine exactly how many acres have been excavated and bring this sand mine into compliance with either City or State codes. Also over the last 3 to 4 months, residents living on Lance Street have made numerous complaints to the County Utilities Department regarding water quality. They are very concerned about the tea colored water coming into their homes. 1. Is the water safe to drink? 2. Could it be possible the sand mine across the street has something to do with their water quality? 3. Does anyone really care about the public's HEALTH & SAFETY? Please, help us Governor Chiles!!!! Sincerely, y Corinn VanBuskirk Attachments cc: Mr. Henry Dean Mayor Sullivan S Council City Manager Florida Today City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 C1 FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-95-07 Vickers Grove Sandmining Special Use Permit APPROVED FOR SUBMITTAL BY: City Manager: V Agenda No. Dept. Origin Date Submitted Community Developm__ 2/17/95 For Agenda Of 2/22/95 Exhibits: R-95-07 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: REQUIRED: SUMMARY STATEMENT At its Regular Meeting of March 16, 1994, the City Council approved the City Attorney to draft a resolution for the approval of Vickers Grove sandmining expansion. At its Regular Meeting of July 6, 1994, the City Council authorized Mr. Torpy to work with the applicant's attorney to amend subsection 2A of Resolution No. R-94-25 and bring the resolution back to City Council for approval. Unfortunately, Mr. Torpy never finished this item prior to the hiring of a new City Attorney. City Attorney, Mr. McClelland has reviewed all documents and revised the resolution. The resolution number has been revised to reflect adoption in 1995. RECOMMENDED ACTION Move to adopt Resolution No. R-95-07. .-. Ask City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 February 28, 1995 Dr. Henry A. Fischer PO Box 780068 Sebastian, FL 32958 RE: Resolution No. R-95-07 - Vickers Grove Sandmining Special Use Permit Dear Dr. Fischer: The City Council, at its February 22, 1995 Regular Meeting, adopted Resolution No. R-95-07 approving the Vickers Grove sandmining special use permit. A copy of the resolution is enclosed for your records. For your information, the City Council, at the same meeting, directed staff to draft a resolution amending the commencement date in Resolution No. R-95-06 which approved the Vickers Grove preliminary subdivision plat. A new resolution will be presented to City Council at its March 8, 1995 Regular Meeting. The If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran, CMC/AAE City Clerk KOH/sam Enclosure cc: Bruce Cooper, Director of Community Development CD Q1yJ -i �Q; L� Carolyn Corum CIO ,C;) 881 Dolores Street su Sebastian, Fl. 32958 February 03,1999 Tracy Hass, Director of Development 1225 Main Street Sebastian, Fl. 32958 Topic: * Vickers sand mine, land mine, subdivision, construction site, whatever it is today Plans for Vickers say quote "SAFETY AND SECURITY the entire property is currently fenced, with access controlled by lockable chain-link gates at the entrance on existing Vickers Road". This was in February 1997. Now it's February 1999, it is not fenced in now nor, was it ever fenced in. I live adjacent to Vickers * February 1997 quasi-judicial hearing in Sebastian, I informed the city that there is not a safety and security fence around the sandmine * . Vickers * representatives entered into the record plans that say it is entirely fenced in. City code requires a safety and security plan. The sandmine* plans show a fence. But, there is not a fence. Please, where is the enforcement? Don't wait for a tragedy to happen. Who do you think will be responsible if someone drowns in the pit*? The city could be negligent for ignoring the code, ignoring the plans and ignoring numerous times when it was brought to your attention that the sandpit in fact does not have a safety fence. If I were responsible for the city's interest, I would enforce nothing less than a six-foot barbed wire fence. Yesterday neighborhood children were playing on the sand piles*. A parent went to find their child and only saw footprints in the sand, near the water*. Can you imagine how that parent felt,until their child was found. Another concern, when annual reports are due, shouldn't it show the contour of the `littoral shelf around the whole pit*? This is another safety requirement of Sebastian's sandmining and excavation code. If someone falls into the pit* without a littoral shelf, how are they to get out? My concerns are safety related. The special use permit cannot be detrimental to the public safety, health or welfare. The city is not enforcing it's safety plan for this 117 acre* attractive nuisance. Why is that? Awaiting a timely reply. S'cerely, arol Copy: Sebastian Mayor, City Council Members and City Manager City Clerks records and Reading Board See topic above for definition of Attachments: two COTY SITE DATA TOTAL SITE AREA - 117 Ac t PHASE III AREA - 535,780 SF - 12.30 Ac PHASE III VOLUME - 1,167.250 CY CONSTRUCTION SCHEDULE START CONSTRUCTION MARCH, 1997 FLOOD ZONE THE SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE 'X' PER F.I.R.M. PANEL No. 120 61C 0079 F, DATED JULY 2, 1992. DRAINAGE DATA DRAINAGE AND STORMWATER MANAGEMENT IS AS DETAILED IN PERMITTING FROM ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (S.J.R.W.M.D.). STORMWATER MANAGEMENT TRACT "A' IS THE RECEIVING BODY OF WATER FOR ALL RUNOFF. NO MODIFICATION TO THE STORMWATER MANAGEMENT SYSTEM IS REQUIRED. LITTORAL ZONES WETLANDS CREATED HEREON ARE UNDER THE JURISDICTION OF S.J.R.W.M.D. THE S.J.R.W.M.D NO LONGER REQUIRES LITTORAL ZONES, SAFETY and SECURITY THE ENTIRE PROPERTY IS CURRENTLY FENCED, WITH ACCESS CONTROLLED BY LOCKABLE CHAIN-UNK GATES AT THE SITE ENTRANCE ON EXISTING VICKERS ROAD. HAUL ROUTES NO MODIFICATION WILL BE REQUIRED TO THE HAUL ROUTE CURRENTLY USED TD ACCESS THE EXISTING MINING OPERATIONS. ACCESS IS VIA VICKERS ROAD TO U.S. HWY 1. RECLAIMA'TION PLAN THE EVENTUAL FUTURE USE OF THE SITE WILL BE BY COMPLETION OF.THE PROPOSED VICKER'S GROVE SUBDIVISION. CURB CUTS AND DRIVEWAYS THERE ARE NO DRIVEWAYS OR CURB CUTS ASSOCIATED WITH THIS PROJECT PARKING SPACES THERE ARE NO PAVED PARKING AREAS ON-SITE, HOWEVER, UNPAVED PARKING AREAS ARE AVAILABLE FOR EMPLOYEE PARKING. SURFACE MATERIALS THE ROADWAYS UTILIZED ON-SITE DURING MINING -OPERATIONS WILL HAVE STABILIZED EARTH SURFACES. NUMBER OF EMPLOYEES THE NUMBER OF EMPLOYEES WILL VARY BETWEEN 4 AND 10 PERSONS DEPENDING UPON CURRENT WORK LOAD. TYPE OF VEHICLES. SEVERAL TYPES OF VEHICLES WILL OPERATE ON-SITE, INCLUDING AUTOMOBILES, LIGHT TRUCKS, DUMP TRUCKS AND EARTH MOVING EQUIPMENT. SIGNAGE A BUSINESS IDENTIFICATION SIGN EXISTS ON THE ENTRY GATE TO THE .PROPERTY LANDSCAPING LANDSCAPING ASSOCIATED WITH THIS PROJECT IS INCLUDED IN PERIMETER BUFFERS ' o n ? Q 00 p h (n F W rzn Q ^ N G Ou S6 3 � I } m 0 2 U W n O a a of� Community Development Department Mining Special use Permit Application - Staff Report 1. Project Name: Vicker's Grove Sand Mine Phase III 2. Requested Action: Approval of a special use permit for the a third phase of the Vicker's Grove Subdivision. 3. Project Location a. Address: b. Legal: A parcel of land situated in a portion of Section 17, Township 31 South, Range 39 East, Indian River County, Florida, and being more particularly described as follows: Commencing at the intersection of the Florida East Coast Railway right-of-way and the North line of the Southeast quarter of the Southwest quarter of the Northwest quarter of said section 17, run North 891 59' 29" East, along said North line, 210.02 feet to the Point of Beginning. From the Point of Beginning sun South 210 48' 43" East, 3327.23 feet, thence South 890 35' 01" West, 259.19 feet to a point of Curvature of a curve concave Northwesterly, having a radius of 25.11 feet and through which a radial line bears South 000 24' 59" East, thence run Northwesterly 39.27 feet along the arc of said curve, through a central angle of 900 00' 00", thence North 000 24' 59" West, 50.53 feet to a Point of Curvature of a curve concave Westerly, having a radius of 370.00 feet, thence run Northerly 138.17 feet along the arc of said curve, through a central angle of 211 48' 43" West, 2457.09 feet to a Point of Curvature of a curve concave Northeasterly, having a radius of 49.0 feet, through which a radial line bears South 150 56' 24" West, thence run Northwesterly North 89.37 feet along the arc of said curve, through a central angle of 1040 29' 46", thence North 21048' 43" West, 631.08 feet to the aforementioned North line, thence North 890 56' 29" East, along said North line, 113.09 feet to the Point of Beginning. Containing 12.6 acres, more or less. C. Indian River County Parcel Number: 1 23. b amount of fill to be removed: C. timetable of mining activity d. method of mining e. hours of operation: f. safety and security plan: Restoration plan 1,167,250 cubic yards Start of activity - March, 1997 Dragline and dredging 7:00 am to sundown, Monday through Saturday provided a. description of the eventual future use of the site: The future use of the site will be by the completion of the proposed Vickers Groove Subdivision. b. final grades of the site: provided Conditions of the mining permit a. maximum project -site development phase for mining shall not exceed twenty acres. 12.3 acres b. no mining shall occur within one hundred fifty feet of a projected right-of-way line of any existing or proposed public road, nor within one hundred fifty feet of the outer perimeter of the project site. Where a mining operation consists only of the removal of a mound and does not consist of a lowering the elevation of ground below the neighboring property, an exception to the one hundred fifty foot setback may be permitted at the time of site plan approval. The proposed mining is within 125 feet of a proposed road (Vicker's Grove Industrial Subdivision). C. any mining activity that results in the creation or expansion of a water body shall be subject to the provisions of section 20A-5.29. Projects creating water bodies must also provide safety and security plan for the mining operation phase, including, but not limited to, fences, access, control, and other security provisions. (1) (Sec. 20A-5.29. Excavation and mining - Water management standards.) Any excavation or mining activity which results in the creation or expansion of a water body shall be subject to the following standards, except as specifically exempted in section 20A-5.22. not exempt 9 r TP.O ENRY FISCHER & SONS INC. s . Box 780068 • Sebastian, Florida 32978-0068 ) 589-3159 • FAX: (561) 589-7731 February 12, 1999 Mr. Tracy Hass City of Sebastian RE: Carolyn 1225 Main Street Sebastian, FL 32958 RE: Vickers Grove Sand Mine, Phase III Dear Tracy: • Site Development • Road & Parking Lot Construction • Storm Drainage • Land Clearing • FII Hauling & Compaction • Heavy Equipment Rentals laint FEB 12 1999 I have reviewed both R-97-08 and R-97-10 and Vickers Grove Subdivision Plan 93-131, Sheet 1 of 4. There is no mention'under the Condition section of the Resolution as to fencing. During the discussion of the Resolution before the City Council, the existing fencing was deemed adequate. On February 25, 1995, a mulching permit was given on the same location, and at that time, it was determined that the Northern area, Concord Street, should have fencing. It had a barbed wire fence, which was replaced by a cyclone fence, which was determined adequate for the mulching operation for public barriers. The boundary of the Easterly homes on Dolores Street are fenced. Henry Fischer & Sons, Inc. feels that we have met the criteria of the Resolutions. However, to better secure the area we are going to place a barrier on the western section of Concord Street and the lake. This will then provide a double barrier on Phase III, Vickers Land Mine. As you know, there are no fences on the lakes at Schumann Drive, nor are there any fences around Lake Schumann or any other lake within the City of Sebastian. There are also no fences around any retention ditches, which are all open. The Vickers Phase III sand mine has on-site security and full time observation through our ticket trailer. There are no unobserved trespassers on this site. It is patrolled and secured. If anyone were to enter the property illegally, they would be prosecuted or asked to leave the property, depending on the area in which they were found in. Vickers Sand Mine, Phase III is a totally secured site. Mr. Tracy Hass Page 2 February 12, 1999 Finally, all slopes are maintained on the lake and meet all City, State and Federal regulations. Please have a copy of this sent to the person involved, Mrs. Carolyn Corum. Thank you. Sincerely, Dr. Henry A. Fischer, D.D.S. HAF:sf cc: File City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-25U February 17, 1999 Mrs. Carolyn Coram 881 Dolores Street Sebastian, Florida 32958 Re: Vickers Grove Land Mine Dear Mrs. Comm: I have reviewed your letter dated February 03, 1999 regarding the above matter and am providing the following response to your concerns. You are correct in that the Phase III Vickers Land Mine plan dated January 1997, by Mosby and Associates, includes a safety and security plan stating "the entire property is currently fenced, with access controlled by lockable chain-link gates at the site entrance on existing Vickers Road." Furthermore, the code requires a safety and security plan that must remain in effect for the duration of mining activity. However, at the special City Council meeting held February 19, 1997, Mr. Charles Cramer, employed by applicant Henry A. Fischer, addressed City Council concerning the existing berm and fence system around the site. He explained "the perimeter property where not fenced or wood buffered is berated. We were required to construct berms along the perimeter for a) noise control, b) a visibility barrier." After detailing the existing safety and security plan Mr. Cramer stated "the property is isolated by berms, fences and wooded lot lines adjacent to Lance Street." He further explained that there was no evidence of any crime on the site due to lack of a fence and that a City of Sebastian police officer was living on the site. At this point there was no further discussion concerning the safety and security plan. Community Development Director Bob Massarelli, during his closing presentation, informed the Council that the fence requirement was for a Type "A" opaque buffer and the proceeded to read the definition for Type A buffer. He further explained the fence was only required along residential areas not the industrial (tract) or railroad. Mr. Massarelli concluded "some of the property (contains) 6' earthen berm. landscaping, some shadow or stockade fence. I believe the fence requirement is being met on the site." Councilman Ray Halloran asked the applicant where they were currently mining and when they would be moving away from the residential area. Mr. Cramer affirmed the project was currently moving South and away from the residential areas on the Northside. The "bulk of the Wester perimeter and Northwest corner slope (grading) is concluded, seeding and mulching, trees and irrigation are being installed. It is our priority to get away from the residential area." Again the plan says the entire property is currently fenced, with access controlled by lockable chain-link gates at the entrance on existing Vickers Road. However, there was apparently an ambiguity concerning the standard definition of a fence. During the public hearing outside evidence was presented by the applicant and City staff that the "fence" was a combination of fencing, berms, landscaping or combinations thereof. It is the City's opinion that the testimony clarified the ambiguity and due to lack of further action by the City Council, the safety and security plan was accepted as defined and presented. Therefore, no additional fencing was or is required along the property boundaries. You also inquired as to littoral shelf requirements around the pit. Mr. Massarelli discussed the littoral zone requirements with the City Council. He explained that the City can require additional littoral zones and asked the Council for guidance on additional littoral zones, what they should be composed of and how to monitor them. He concluded by saying we "can require additional littoral zone requirements or yield to St. Johns for regulation of water resources within the State." The Council did not discuss this issue any further nor give staff direction on additional littoral zone requirements or restrictions. Therefore, the applicant is only required to meet St. Johns River Water Management District regulations pertaining to littoral zones. We have thoroughly reviewed the history of approvals for Vickers Land Mine and feel that current excavation practices are consistent with all previous terms and conditions of approval for this project. Additionally, the "fence" and littoral zone are in compliance with Resolution R-97-08, which granted approval for Phase III of Vickers Land Mine. I hope the above information adequately answers your questions concerning the Vickers Grove Land Mine. If you have any additional questions or comments, please do not hesitate to call. Sincerely, 17 Tracy E. Hass Growth Management Director cc: Mayor and Council City Manager City Attorney ✓City Clerk Dr. Henry A. Fischer, D.D.S. Carolyn Corum 881 Dolores Street Sebastian, FI. 32958 /Tracy Hass, Growth Management Director City of Sebastian 1225 Main Street Sebastian, FI. 32958 Subject: Vickers Grove Sandmine Dear Tracy Hass: Thank you for your response. I agree with you with regards to Lake Schumann not being fenced and also the drainage canals. Vickers is an active Sand Mine with requirements by Sebastian LDC 20A-5.29 for safety and security. Your response to me that "crime is not a problem" gives me .grave concerns. SAFETY is the issue, not crime. The 117 -acre pit with 60' water depth, with no security fence and no proof of a safe littoral shelf is an attractive nuisance to the City of Sebastian, especially those that live near it. Vickers Sand Mine was the deepest Sand Mine ever permitted by St. Johns River Water Management District My concerns for the safety of my children and others are validated. The letter to you dated 2-19-99 from Dr. Fischer that starts out " Dear Tracy". Goes on to say " to better secure the area we are going to place a barrier on the western section of Concord Street and the lake". Mr. Hass, Concord Street already has a chain link fence, in fact is the only chain link fence on the property. Does this make sense to you? You replied to Dr. Fischer "I commend you on your efforts to better secure the site by adding additional barrier on the western section of Concord St. and the lake. What efforts are you and Dr. Fischer referring? My property is on the comer of Dolores St. and Gilson St. Vickers vegetative buffer has been removed from most of Gilson Street and Lance Street. The water and mountains of sand are an understandable lure, which creates an attractive nuisance to the neighborhood. How is the city going to enforce the safety requirement of a special use Sand Mining permit? A special use permit cannot be detrimental to the public safety, health or welfare. Phase 1, 2 and 3 of Vickers 117 acre Sand Mine has not addressed the safety requirement of LDC 20A-5.29. J11I_ �`F q—/ri' (U APR 1 3 1999 ---- I • Page 2 • All phases of Ackers Sand Mine are required to have a littoral shelf and an extended littoral shelf according to your code 20A-5.29 (b), (c), (d) and (e). The littoral shelf starts where the water fluctuates at the water edge and goes down under the water. There is a different requirement for the slope that starts at the water edge and goes up and away from the water edge. Is the city enforcing this requirement? • A tall barbed wire fence around the whole property would reasonably deter young people from making a youthful decision to explore mountains of sand, a fleet of equipment i.e. bulldozers, cranes, barges, giant mulch machine, dump trucks and a giant pit filed with water. • This is a safety issue, as such it deserves immediate attention. Thank you, r� Carolyn Corum C -O ClfY M0,Vl0.5�r- p � �a�/Or r Cr Y 04� 0 II P 4��° a.niuw City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ❑ FAX (561) 589-2566 MEMORANDUM DATE: September 24, 1999 TO: Terrence Moore, City Manager �} FROM: Tracy E. Hass, Growth Management Director SUBJECT: Vickers Grove Sand Mme Attached you will find a complete history of Vickers Grove Sand Mine. You will also find letters from myself to Corinn VanBuskirk and Carolyn Conun concerning several issues, complaints and questions surrounding the Vickers Grove Sand Mme operation. My staff and I have spent countless hours investigating unsubstantiated complaints concerning the operation of said S4nd Mme and feel we have provided adequate information proving the project is legal and operating properly within the City of Sebastian guidelines. We have completely researched the approvals and operations of Vickers Sand Mine and have yet to find any violations. Understandably, the Sand Mme probably isn't the ideal neighbor and can certainly create unwelcome nuisances. However, the City has done everything in its power to insure that all precautions have been undertaken to provide for the safety and security of the residents.