Case No. 90-923STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
IN RE: EXTENSION OF BUILDING
PERMITS (BIOLOGICAL PERMIT - MINING
AND EXCAVATION) NO. 9010000515 and
9010000519 ISSUED TO TARMAC
FLORIDA, INC., BY MONROE COUNTY
IN THE FLORIDA KEYS AREA OF
CRITICAL STATE CONCERN
AGREEMENT
Case No. 90-923
This Agreement is entered into by Tarmac Florida, Inc., a Florida corporation
('Tarmac"), C.T.B., Inc., a Florida Corporation, ("CTB"), and the State of Florida,
Department of Community Affairs ("DCA"), pursuant to Section 380.032(3), Florida
Statutes (1989).
RECITATIONS
This Agreement is based upon the following statements of fact and of law:
1. CTB is the owner of certain properties located in Monroe County, Florida,
which are now, and have been for many years, used for limestone quarrying, commonly
known as the Rockland and Big Coppit Quarries. Tarmac is the mining operator of the
Rockland and Big Coppit Quarries under a Mining and Royalry Agreement dated August
1, 1984, as amended and assigned, (the "Mining Agreement").
2. On March 20 1990, Monroe County, Florida issued an extension and
renewal of the Mining and Excavation Permit No. 9010000515 for the Rockland and Big
Coppitt Quarries and the Blaster and User Permit No. 9010000519 associated with
quarrying operations in the Rockland and Big Coppitt Quarries, and elsewhere in Monroe
County, Florida.
3. The DCA is the land planning agency of the State of Florida exercising duties
and responsibilities set forth in Chapter 380, Florida Statues, including the provisions of
Sections 380.05 and 380.0552 applicable to the Florida Keys Area of Critical State
Concern. The DCA has asserted that it has the authority and responsibility under Section
380.07, Florida Statutes, to review the Mining and Excavation Permit No. 9010000515
and Blaster and User Permit No. 9010000519 issued by Monroe County, Florida to
Tarmac on March 20, 1990 for the Rockland and Big Coppitt Quarries, within 45 days
after receipt thereof, to determine whether such Permits comply with the Monroe County
Comprehensive Plan and Land Development Regulations and Chapter 380, Florida
Statutes.
4. On May 4, 1990 the DCA filed a Notice of Appeal from the issuance by Monroe
County, Florida of the extension and renewal of the Mining and Excavation Permits No.
9010000515 and 9010000519 relating to the Rockland and Big Coppitt Quarries, to the
Florida Land and Water Adjudicatory Commission, (the "FLAWAC') where the appeal was
assigned Case Nos. 90-023.
S. Tarmac and CTB have asserted that their rights to continue mining operations
pursuant to the Permits issued by Monroe County, Florida in 1985, which they assert
have been continually renewed and extended since that time, have vested, and that the
DCA has no basis or jurisdiction, pursuant to the express provisions of Section 380.05
(18), Florida Statutes, to appeal from Monroe County's issuance of an extension and
2
renewal of such Permit in 1990. The DCA has asserted that no vested rights exist, and
that Permits No. 9010000515 and 9010000519, as they relate to the Rockland and Big
Coppitt Quarries, do not comply with land development regulations of Monroe County,
Florida.
6. The parties however, desire to amicably settle and resolve the foregoing dispute
by agreement in order to settle now and for the future, Tarmac's and CTB's right to
complete the approved mining and excavation plans for the Rockland and Big Coppitt
Quarries, pursuant to the Mining and Excavation Permits issued by Monroe County,
Florida to Tarmac and CTB relating to the Rockland and Big Coppitt Quarries. The
parties therefore desire to add certain conditions and modifications to the foregoing
Mining and Excavation Permits and to dismiss the administrative appeals referenced above
as they relate to the Rockland and Big Coppitt Quarries. CTB joins in this Agreement as
owner of the real property at issue to effectuate the terms hereof.
NOW THEREFORE, in consideration of the premises and the mutual covenants
hereinafter set forth, the parties hereto agree as follows:
I. RECITALS. The foregoing recitals are true and correct, and the parties request
the FLAWAC to add the following conditions and modifications to Permits No.
9010000515 and 9010000519 relating to the Rockland and Big Coppitt Quarries, as
specified below.
2. PERMIT MODIFICATIONS. The following conditions. and modifications are
added to Permits No. 9010000515 and 9010000519 as they relate to the Rockland and
Big Coppitt Quarries:
3
A. Setback Requirements. Tarmac and CTB shall setback deep limestone
excavations from the property lines as far as reflected in, and pursuant to, the shoreline
sloping requirements of Rule 16C-36.008 (7) (a), Florida Administrative Code, Limestone
Reclamation Requirements of the Department of Natural Resources, Division of Resource
Management, effective July 16, 1987, a copy of which is attached hereto and
incorporated herein as Exhibit A. Such shoreline slope setbacks shall generally conform
to those depicted in the Final Mining Plan attached hereto and incorporated herein as
Exhibit B.
RECLAMATION OR RESTORATION PLAN
B. Sloping_Requirements- Drainage- ftuirements. Tarmac and CTB shall follow
the shoreline sloping provisions of Rule 16C-36.008(7)(a) F.A.C. as generally depicted in
the Final Mining Plan set forth in Exhibit B attached hereto and incorporated herein, and
configure such shoreline slopes so that surface water generated by rainfall, to the
maximum extent practicable, shall be directed so as to provide maximum water use in
support of the natural or landscape vegetation placed on such slopes, pursuant to Rule
36C-.008(7)(a) F.A.C. and the Vegetation Plan required by Permit Nos. 9010000515 and
9010000919and this Agreement.
C. Vegetation. Tarmac and CTB shall plant vegetation in the shoreline slope areas
pursuant to the Vegetation Plan (Proposed Reclamation Plan) attached hereto and Trade
a part hereof as Exhibit C.
0
D.p, Tarmac and CTB shall not excavate more than 60 feet below natural
ground level.
E. Equipment and Structure Removal. All equipment, machinery and structures,
except for structures which are usable for recreational purposes or any other authorized
use in the area, shall be removed within six months after the limestone resource
extraction operation is terminated and restoration as set forth in this Permit is completed
by Tarmac or CTB.
F. Bridge Removal. Upon completion of the resource extraction operation by
Tarmac or CTB, the bridge between Big Coppitt Key and Rockland Key used by Tarmac
and CTB for such operations shall be removed.
G. Surety Bond or Guarantee. Tarmac or CTB shall post a Surety Bond or other
guarantee of performance in. favor of and approved by Monroe County, Florida in the
amount of $201,500. to secure performance by Tarmac and CTB of the Reclamation and
Restoration requirements of Permit No. 9010000515 and this Agreement.
H. Hours of Mi g. Tarmac and CTB shall conduct actual mining operations
solely between the hours of 7:00 a.m. and 7:00 p.m..
I. Saline and Fresh Aquifer Waters. Tarmac and CTB shall not cause the
introduction of saline aquifer waters into fresh water aquifers.
J. Fences or Blocks. The quarrying operations of Tarmac and CTB shall be fenced
or blocked so as to prevent unauthorized entry into the resource extraction operation
through access roads.
5
K. Mgjgg[ Conditional Use.' Any renewal of Permits 9010000515 and 9010000519
shall be reviewed under conditional use requirements of Monroe County land use
regulations, Division 3, §§, 9.5 - 61 thru 80, provided that compliance with this
Agreement- shall be a presumption of compliance with those requirements.
L. Commercial Fishing Area• Tarmac and CTB shall not conduct mining operations
in that limited portion of the Big Coppitt Quarry which is presently zoned for commercial
fishing activities, until such area is rezoned to permit limestone excavation activities.
3. AUTHORITY. This Agreement is made by DCA pursuant to its legal authority
under Section 380.032(3), Florida Statutes, and is enforceable pursuant to Section
380.11, Florida Statutes.
4. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and
be binding on the successors and assigns of the parties.
5. EFFECITVE DATE. The effective date of this Agreement is that date when the
last parry hereto signs a counterpart of this Agreement.
6. RF['QhMMF.N2ATION TO FLAWAC. The parties hereto recommend approval
of this Agreement and issuance of a Development Order by FLAWAC incorporating the
conditions set forth above. This recommendation includes resolution of that portion of
the appeal relating to Permit No. 9010000519 (Blaster and User permit) only as it applies
to the Rockland and Big Coppitt Quarry sites.
•i
r
IN WITNESS WHEREOF, the parties have duly executed this Agreement and agreed
to be bound by its terms.
C.T.B., Inc.
By:
Tarmac Florida, Inc.
f,
By:
I
Reviewed for legal form and
Sufficiency:
e� By: �
Attorney, DCA THOMAS G. PELHAM, Secretary,
Department of Communiry Affairs,
State of Florida
MONROE COUNTY
By:.
J
7
6'?b��4r
ormont, Mayor
J A(l3L OF NORTIi CAROLINA
COUNTY OF UNION
Subscribed and sworn to before me by Kenton R. Gebert
vice President of C.T.B, Inc., a Florida Corporation this, 30th day of May
1990 on behalf of the corporation.
Notary Public Wanda Knight
My Commission expires: 12 / 21 / 91
STATE OF r� ,W i 4 fi
COUNTY OF2*1610 fLf)
Subscribed and sworn to before me by Robert F. Scully, President of Tarmac
Florida, Inc., a Florida Corporation this _2� day of 1990 on behalf of
the corporation. C ,,
Y�
.Notary Public
My Commission expires:
R.iAR'- OR! iC S`RT; 0r f!
my CCkN.;C$i4h W. f,l': . 'JP
STATE OF C <'
COUNTY OF Pi"'►^ -
Subscribed and sworn to before me by Thomas G. Pelham, Secretary of a State
of Florida, Department of Community Affairs, State of Florida, this / day of
(.. 1990 on behalf of the State of Florida Department of Community Affairs.
(--Iw "q -
Noyaz'y Public F:�......_... ;.
My, ominission expirefr; -
STATE OF
COUNTY O
Subscribed d sworn t before me by John Stormont, Mayor of Monroe Count3,,
Florida, this ��ay of 1990, on behalf of Monroe Cbun y,
Florida.
Notary, Public WTARiQ suh of FLOMDA
My Commission Expires: W coMMISS" txr sE►t. 21.1»u
INDED THRU cEKft OIL UNQ
0
RULES
OF THE
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF RESOURCE MANAGEMENT
CHAPTER 16C-36
LIMESTONE RECLAMATION REQUIREMENTS
EFFECTIVE: JULY 16, 1987
Questions or comments about these rules should be sent to:
Limestone Reclamation
Bureau of Mine Reclamation
903 West Tennessee Street
Tallahassee, FL 32304
Phone: 904/488-8217
j ^ J
-- EXHIBIT A —
Section
16C-36.001
16C-36.002
16C-36.003
16C-36.004
16C-36.005
16C-36.006
16C-36.007
16C-36.008
16C-36.009
16C-36.010
16C-3 6.011
16C-36.012
16C-36.013
16C=36.014
CONTENTS
OF
CHAPTER 16C-36
LIMESTONE RECLAMATION REQUIREMENTS
Title Page
Intent and Applicability ..................... 1
Definitions ......... .. .... �
.. .... ........ 1
Notices, Plans, andInformationRequired..... 3
Document Format and Standards ................. 5
Notification Procedures ...................... 6
Agency Review Procedures... .. 6
Confidentiality and Availability of Records.. 7
Reclamation Standards ........................ 7
Inspections.. .............................. 10
Release Procedures ........................... 11
Reports.....�
.... ..... .... .. 11
Violations, InjunctiveRelief, and Penalties. 12
Donationsof Land ............................ 12
Forms........................................ 12
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
IN RE: EXTENSION OF BUILDING )
PERMITS (BIOLOGICAL PERMIT - MINING )
AND EXCAVATION) NO. 9010000515 AND j
9010000519 ISSUED TO TARMAC
FLORIDA, INC., BY MONROE COUNTY IN )
THE FLORIDA KEYS AREA OF CRITICAL
STATE CONCERN )
CASE NO. APP-
1�
�u` s L,
ORDER OF PARTIAL DISMISSAL
O&V
a�
This matter came before the Florida Land and water
Adjudicatory Commission on June 26, 1990, in Tallahassee,
Florida, for consideration of the above referenced appeal filed
by the Department of Community Affairs. In accordance with the
Notice of Voluntary Partial Dismissal filed by the Department of
Community Affairs on June 19, 1990, the Commission hereby
dismisses Permit No. 9010000515 and the related portion of Permit
No. 9010000519. A copy of the Notice of Voluntary Partial
Dismissal and Partial Settlement Agreement is attached hereto as
Exhibit A. The remaining portion of this appeal will be
considered by this Commission on August 14, 1990.
DONE AND ENTERED this o L day of June 1990.
%atricia A. Woodworth
U Secretary
Florida Land and water
Adjudicatory Commission
0
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing was delivered to the following parties by U.S. Mail
this day of June 1990. .
Honorable Bob Martinez
Governor
The Capitol
Tallahassee, Florida 32399
Honorable Gerald Lewis
Comptroller
The Capitol
Tallahassee, Florida 32399
Honorable Bob Butterworth
Attorney General
The Capitol
Tallahassee, Florida 32399
Honorable Doyle Conner
Commissioner of Agriculture
The Capitol
Tallahassee, Florida 32399
M. B. Adelson, Esquire
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
John Stormont, Mayor
Monroe County Board of County
Commissioners
Monroe County Courthouse
500 Whitehead Street
Key west, Florida 33040
Honorable Jim Smith
Secretary of State
The Capitol
Tallahassee, Florida 32399
Honorable Tom Gallagher
Treasurer
The Capitol
Tallahassee, Florida 32399
Honorable Betty Castor
Commissioner of Education
The Capitol
Tallahassee, Florida 32399
David Maloney, Esquire
Governor's Legal Office
The Capitol, Room 209
Tallahassee, Florida 32399
Randy Ludacer, Esquire
Assistant County Attorney
310 Fleming Street
Key West, Florida 33040
Frank Burt, Esquire
Jorden and Schulte
701 Brickell Avenue
Miami, Florida 33131-2801
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY C.`OMMISSION
IN RE: EXTE SION OF BUILDING
PERMITS (BI LOGICAL PERMIT- MINING C
AND EXCAVAT ON) NO. 9010000515 AND ftyv
9010000519 SSUED TO TARMAC
FLORIDA, IN SY MONROE COUNTY
IN THZ FLOR DA KEYS AREA OF
CRITICAL ST TE CONCERN JUN 19 199J
FLORIDA LAND AND WATER
DEPARTMENTF
OF COMMUNITY APAIRS�uaCAroRr coMwiss�oN
CE OF FILING PARTIAL SETTLEMENT AGREEMENT
AND
NOTICE OF VOLUNTARY PARTIAL DISMISSAL
The F1 ride Department of Community Affairs, by counsel,
gives notic of filing a Settlement Agreement relating to a
portion of 1he matters raised in this appeal, and a voluntary
Partial Dis issal pertaining to those matters settled, and says:
1. Ir its appeal, the Department addressed quarrying
permits issued at 3 quarrying sites in Monroe County, Florida,
and a Blast ng/User permit that related to operations at all of
the quarryi g sites.
2. S nce filing the appeal, the Department and the permit
holders have agreed to additional permit con i,tions and measures
which resolNe the issues appealed at the g Piy '
biX�Ckkg
�.
�9—�4tte qu a z r y site;
Permit No. 01-0000515 and the related portion of the
Blaster/Use Permit No. 901-0000519.
3. T is agreement pertaining to Permit No.
{ 901-0000515 and
a portion o Permit No. 901-0000519 has been approved and signed
by all part es. A copy of this agreement is attached hereto and
filed herewith.
4. The Permit No. 901-0000515 and the applicable portion.
of Permit N . 901-0000519, as amended by the attached agreement,
are consist �7t with the Monroe County lard development
regulation and therefore the portion of this appeal rel
ating
lating
to Permit N . 901-0000515 and the part of Permit No. 901-0000519
related to It should be dismissed.
WHERE E, the Department of Community Affairs voluntarily
EXHIBIT A
%4 488 49- P.03
4
dismisses p
Permit No.
I
foregoing
method indi
Honorable B
Governor
The Capitol
Tallahassee
Honorable B
Attorney Ge
The Capitol
Tallahassee
Honorable D
Commissione
The Capitol
Tallahassee
Honorable G
Comptroller
The Capitol
Tallahassee
Randy
Ass't
310 F1
Rey We
John S
Monroe
Coun.
Monroe
500 Wh;
Key Wei
�01-0000519
rmit No. 901-0000515 and the related portion of
Ifrom its pending appeal.
M•8. A a son, San or Attorney
G. Steven Pfeiffer, General Counsel
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32300-2100
(904) 488-0410
CERTIFICATL OF SERVICE
Y CERTIFY that true and correct copies of the
re furnished to the persons listed below by the
ated this AV'!'day of Ju e, 1990.
N.B. A e son, on or A orney
4CY MAIL:
b Martinez
Honorable Tom Gallagher
Treasurer
FL 32399-0001
The Capitol
Tallahassee, FL 32399-0001
b Butterworth
oral
Honorable Betty Castor
Commissioner of Education
FL 32399-0001
The Capitol
Tallahassee, FL 32399-000cl
�YIQ Conner
of Agriculture
Honorable Jim Smith
Secretary of State
FL 32399-o0ol
The Capitol
Tallahassee, FL 32399-0001
rald Lewis
David Maloney
Assistant General Counsel
FL 32399-0001
Office of the Governor
The
Capitol, ROOM 209
Tallahassee, FL 32399-0001
jdacer, Esquire
)unty Attorney
Frank Burt, Esovire
ling Street
Jordan 6 Schulte
FL 33040
701 Brickell Ave.
Miami, FL 33131-2801
�rmont, Mayor
:ounty Board of
Commissioners
ounty Courthouse
ahead Street
, FL 33040