subject description - ordinancewatch™location master mine plan plan t p.24.a packet pg. 569...

February 20, 2018 Board of County Commissioners Regular Meeting Agenda Item #24

SUBJECT Public Hearing (CU 18-06 South Fort Meade Development of Regional Impact Mine)(Adoption Public Hearing) to consider a Level 4 Review Conditional Use request for approval of a modification to a phosphate mine. DESCRIPTION Mosaic Fertilizer and South Fort Meade Partnership are requesting a conditional use to bring phosphate rock via 268 truckloads per day from Hardee County to the Beneficiation Plant at the South Fort Meade Mine site and amend a resolution adopting a Development Order for the South Fort Meade Mine DRI. North of Hardee County and County Line Road (Hardee/Highlands), east of US 17, west of Lastinger Road and Singletary Road and Avon Park Cutoff Road, and south of US 98 southeast of the city of Fort Meade in Sections 10 - 15, 22 - 27, and 34 - 36 in Township 32, Range 25 and in Sections 3, 4, 7 through 10, 14 - 22, 27 - 34 in Township 32 and Range 26. Section 907 of the Land Development Code requires one Board public hearing, in addition to the Planning Commission public hearing, for a Level 4 Review Conditional Use request. On February 7, 2018, in an advertised public hearing, the Planning Commission voted 7:0 to approve this request. RECOMMENDATION Approve, Approve with conditions, or Deny.

FISCAL IMPACT

No fiscal impact.

CONTACT INFORMATION Chanda Bennett Long Range Planning Division 863-534-6484

[email protected]

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Board Adoption Staff Report Page 1 of 26

Level 4/ceb 2/7/2018 10:01:28 AM CU 18-06 February 20, 2018

POLK COUNTY

DEVELOPMENT REVIEW COMMITTEE

STAFF REPORT

DRC Date: January 4, 2018 Level of Review/Type: 4/ Conditional Use

PC Date: February 7, 2018 Case Numbers: CU 18-06/DMS # 59949

BoCC Date: February 20, 2018 Case Name: South Fort Meade Mine

Applicant: Mosaic Fertilizer, LLC Case Planner: Chanda Bennett, AICP

Request:

Conditional Use for the South Fort Meade Mine Development of

Regional Impact (DRI) to bring phosphate rock via 268 truckloads

per day from Hardee County to the Beneficiation Plant at the South

Fort Meade Mine site and amend a resolution adopting a

Development Order for the South Fort Meade Mine DRI.

Location:

North of Hardee County and County Line Road

(Hardee/Highlands), east of US 17, west of Lastinger Road and

Singletary Road and Avon Park Cutoff Road, and south of US 98

southeast of the City of Fort Meade in Sections 10 - 15, 22 - 27,

and 34 - 36 in Township 32, Range 25 and in Sections 3, 4, 7

through 10, 14 - 22, 27 - 34 in Township 32 and Range 26.

Property Owner: Mosaic Fertilizer, LLC and South Fort Meade Partnership LLC

Parcel Size: 17,509 +- acres

Development Area/Overlays:

Rural Development Area (RDA), floodplains and wetlands, Bone

Valley Selected Area Study, South Fort Meade Mine Development

of Regional Impact (DRI)

Nearest Municipality: City of Fort Meade notified via email on 1-12-18

DRC Recommendation: Approval

Planning Commission Vote: 7:0 approval with public comments on concerns for roadway

pavement conditions and where the trucks will travel.

Location Master Mine Plan

Plan

t

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DRC Findings/Recommendation Page 2 of 26


Summary:

The request is to bring processed rock from the South Pasture Mine in Hardee County in 268

truckloads per day to the beneficiation plant at the South Fort Meade Mine Development of

Regional Impact (DRI) in Polk County. Once there, the processed rock from the South Pasture

Mine will be blended with other processed phosphate rock from the South Fort Meade Mine and

then transported per the requirements of the DRI. This DRI was originally approved in 1981. Due

to the passage of legislation in 2011, solid mineral mines are no longer subject to review as DRIs.

The legislation provides that the South Fort Meade Mine is a vested DRI that is no longer regulated

by the DRI statutes. However, the Development Order for the DRI remains valid and is the vesting

instrument. The DRI Development Order contains the following condition:

Rail Service

Should rail service from the mine site be interrupted for a period of more that five

consecutive days for reasons beyond Mosaic’s control, Mosaic will be allowed to

utilize truck transportation from the mine site to its existing fertilizer manufacturing

locations in Polk and Hillsborough counties. Prior to initiating trucking, Mosaic

will submit to the Central Florida Regional Planning Council and Polk County a

proposed route study for the truck traffic.

The conditions in the Development Order are treated like conditions of approval for a Conditional

Use. Since Phosphate Mining requires a Level 4 Conditional Use Review per Table 2.1 in Chapter

2 of the Land Development Code, an amendment to allow trucks when rail is still operational is a

Major Modification as that change does not fall within the list of Minor Modifications in Section

907. The applicant completed an amendment in Hardee County to permit these 268 trucks per day

to take rock from the South Pasture Mine to the South Fort Meade Mine in Polk County. The

applicant prepared a traffic study to address impacts from the addition of 268 trucks per day. The

mine is in an area of the County without access to public water and sewer. US 17 has available

traffic capacity. The environmental impacts of the mine have been addressed through the original

application for development and DRI approval. Beneficiation is defined per Ordinance 88-19 as:

Process whereby matrix is washed to separate the mineral from the earthen materials with

which it is naturally combined. Specifically, for the purposes of this Ordinance,

beneficiation shall mean the processing of matrix to separate phosphate rock from the sand

and clay soils in which it exists in a natural state.

South Fort Meade Beneficiation Plan

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Findings of Fact

• This is a request for a modification to the South Fort Mine Development of Regional Impact

(DRI) to the condition listed below to allow the phosphate rock from the South Pasture

Mine in Hardee County to be brought to the beneficiation plant on the subject site for

blending in 268 truckloads per day. No additional square feet of impervious area is being

requested.

Rail Service - Should rail service from the mine site be interrupted for a period of

more that five consecutive days for reasons beyond Mosaic’s control, Mosaic will be

allowed to utilize truck transportation from the mine site to its existing fertilizer

manufacturing locations in Polk and Hillsborough counties. Prior to initiating

trucking, Mosaic will submit to the Central Florida Regional Planning Council and

Polk County a proposed route study for the truck traffic.

• Phosphate Mining is a Level 4 Review in Table 2.1 in the Land Development Code and is

defined by Chapter 10 as follows:

Extraction of phosphate ore from the earth, including the removal of overburden for

the purpose of reaching underlying ore. The term also includes the reclamation of

previously mined land; accessory transporting, washing, storage, drying, grinding,

and shipping of mined materials; and all other accessory activities reasonably

related to the mining process, but not chemical processing.

• The South Fort Meade Mine DRI was first approved in 1981 by Resolution adopting a

Development Order relating to the mining operations and has been modified to add

property since 1981. It is currently 17,509 +/- acres.

• The Development Order was most recently amended and restated on May 20, 2009 as

Resolution 09-093.

• Ordinance 88-19 regulates phosphate mining activities related to required reports,

operational plans and permits.

• Section 380.06 Florida Statutes requires mining activities to undergo a Development of

Regional Impact review. This was amended by Section 380.06(24)(t) Florida Statutes, as

follows which provides that changes to a previously approved DRI for a mine is not

required to be subjected to further DRI review and is vested with a valid Development

Order unless rescinded:

Any proposed solid mineral mine and any proposed addition to, expansion of, or

change to an existing solid mineral mine is exempt from this section. A mine owner

will enter into a binding agreement with the Department of Transportation to

mitigate impacts to strategic intermodal system facilities pursuant to the

transportation thresholds in subsection (19) or rule 9J-2.045(6), Florida

Administrative Code. Proposed changes to any previously approved solid mineral

mine development-of-regional-impact development orders having vested rights are

is not subject to further review or approval as a development-of-regional-impact or

notice-of-proposed-change review or approval pursuant to subsection (19), except

for those applications pending as of July 1, 2011, which shall be governed by s.

380.115(2). Notwithstanding the foregoing, however, pursuant to s. 380.115(1),

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previously approved solid mineral mine development-of-regional-impact

development orders shall continue to enjoy vested rights and continue to be effective

unless rescinded by the developer. All local government regulations of proposed

solid mineral mines shall be applicable to any new solid mineral mine or to any

proposed addition to, expansion of, or change to an existing solid mineral mine.

• Chapter 2 of the Land Development Code requires a Level 4 Review for a Phosphate Mine

that is defined by Chapter 10 as follows:

Extraction of phosphate ore from the earth, including the removal of overburden for

the purpose of reaching underlying ore. The term also includes the reclamation of

previously mined land; accessory transporting, washing, storage, drying, grinding,

and shipping of mined materials; and all other accessory activities reasonably


• The requested modification requires a Conditional Use review due to Phosphate Mining

being a Level 4 Review Conditional Use in Table 2.1.

• No new lands are being added to the mine and no changes are proposed to the average

annual mining rate. Water consumption for the mine remains the same as currently

approved under the Development Order.

• The DRI is within the Phosphate Mining (PM) and Agricultural Residential Rural (A/RR)

Future Land Use designation. The surrounding designations also include PM and A/RR as

well as Leisure Recreation (L/R) and Recreation and Open Space (ROS).

• The surrounding uses include agriculture, the Peace River and open space to the northwest

and west, agriculture, residential, and open space to the north, agriculture to the northeast,

Florida Fly Wheelers which is a private club and tourist attraction, agriculture and open

space to the east and Hardee County to the south.

• The boundaries of this request are different than the boundaries of the DRI. Portions of the

DRI have been sold to other property others for unrelated uses but the DRI Development

Order was not amended. This request only covers those portions currently owned by

Mosaic Fertilizer, LLC and South Fort Meade Partnerships, LLC.

• There are single family homes and agricultural uses that are surrounded by the mining

boundaries and the limits of this request.

• There are wetlands and floodplains within the mining boundaries.

• According to the Florida Natural Areas Inventory, the mining boundaries are within a one

mile radius of endangered animal habitat communities.

• The permitting of the original DRI as well as additional amendments was required to

address impacts to endangered species.

• The Florida Department of Environmental Protection (FDEP) requires impacts to

endangered species to be addressed throughout the mining process.

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• The subject site is not located within the Height Notification Zone of the Airport Impact

District (AID) Overlay.

• The applicant has indicated public wells on site. The wells are for potable water sources

for employees at the beneficiation plant and other processes within the mine. This request

does not require any additional potable water service.

• According to the Soil Survey of Polk County, this site contains a variety of soil types that

have been altered by the mining process.

• The mining boundaries have the rights-of-way for Dishong Road, Mt. Pisgah Road, Avon

Park Cut off Road running through the property or adjacent to the property.

• The truck traffic will use US 17 from Hardee County turn east on County Line Road, and

then turn north on Manley Road acts as a driveway for the employees and truck traffic to

the beneficiation plant within the mining boundaries.

• County Line Road between the Polk/Hardee County line east of US 17 is not monitored by

the Transportation Planning Organization for Concurrency. This roadway is maintained

by Polk County and is recorded a Rural Minor Collector in the Polk County’s Road

Inventory with a pavement width of 20 feet and a PCI rating of four (4) and five (5).

• US 17 (Link #5001) between Hardee County Line and 9th

Street SE in Fort Meade, is a four

(4) lane divided principle arterial with a current Level of Service (LOS) of “B” and a

standard of “D”. There is available capacity on the roadway according to the Polk

Transportation Planning Organization’s Roadway Network Database.

• A portion of the mine boundary is within the City of Fort Meade service area. This request

will not require potable water or sanitary sewer for the transportation of rock.

• Fire and EMS response is primarily from Polk County Fire Rescue Stations 770 at 1235 9th

St NE, Fort Meade. The travel distance is approximately five (5) miles.

• The nearest Sheriff’s station is the Southwest District Office located at 4120 U.S. Highway

98 S, Lakeland which is approximately 28 miles from the subject site.

• There are no known historical or archeological resources identified in the travel path of the

truck traffic.

• Policies 2.102-A1 through A15 address the timing of development activity in

unincorporated Polk County under Section 2.102 Growth Management relating to location,

compatibility, distribution, timing, development policies and standards, topography

considerations, soils, public facilities and utilities, location criteria, urban sprawl,

redevelopment, and community vision.

• Section 2.107 of the Comprehensive Plan contains policies relating to development

requirements within the Rural Development Area (RDA).

• The purpose of the Phosphate Mining (PM) land use district is to recognize phosphate

mining areas and support facilities for which a “Conceptual Mine Plan” has been accepted

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by the County and any non-reclaimed inactive mining areas for which foreseeable

development in unlikely as of the adoption of the Comprehensive Plan in 1991. (See Policy

2.114-A2).

• The Comprehensive Plan defines Compatibility in Section 4.400 as “A condition in which

land uses or conditions can coexist in relative proximity to each other in a stable fashion

over time such that no use or condition is unduly negatively impacted directly or indirectly

by another use or condition.”

Development Review Committee

Based upon the information provided by the applicant and a recent site visit, the Development

Review Committee finds that with the recommended conditions the request IS COMPATIBLE

with the surrounding land uses and general character of the area, IS CONSISTENT with the

Comprehensive Plan, and is consistent with the Land Development Code.

CONDITIONS OF APPROVAL

Based upon the findings of fact the Development Review Committee recommends APPROVAL of

CU 18-06 with the following conditions:

1. In addition to the uses permitted under Resolution 09-93, as amended, for the South Fort

Meade Mine DRI, the property shall be approved for 268 trucks of phosphate material being

brought to the beneficiation plant at the South Fort Meade Mine in Polk County from the South

Pasture Mine in Hardee County using only the roadways of US 17, County Line Road, and

Manley Road. These 268 trucks may transport material off site only using Manley Road to

access US 17. [PLG]

2. The applicant shall be responsible to inspect roadway conditions for material spillage and

provide for its clean-up and removal at least once a day for each day of operation for roadways

within Polk County. [ENG]

3. The applicant shall provide the average number of trucks hauling materials from the South

Pasture Mine to the subject facility and leaving in each DRI Annual Report and the Annual

Progress Report required by Ordinance 88-19, as amended, the Phosphate Mining Ordinance.

[PLG]

4. The CU is valid for the life of the South Fort Meade Mine DRI Development Order which

shall not exceed September 22, 2021.

GENERAL NOTES NOTE: This staff report was prepared without the benefit of testimony and evidence submitted by the public and other

parties at a public hearing.

NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development

requirement unless specifically noted in the conditions of approval and consistent with LDC Section 930 D.

NOTE: All written comments made in the application and subsequent submissions of information made during the

application review process, which are on file with the Land Development Division, shall be considered to be

binding upon the applicant, provided such comments are not at variance with the Comprehensive Plan, LDC

or other development regulations in effect at the time of development.

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NOTE: Approval of this request is only for Level 4 Review and only for those development decisions within the Board

of County’s Commissioners’ jurisdiction. A Level 2 Review (engineered plans) will be required reflecting the

standard conditions listed in Section 303 of the Land Development Code and the development standards listed

in Chapter 7 of the Land Development Code. Upon completion of the Level 2 Process, building permits will be

required for all structures in accordance with Chapter 553 of the Florida Statutes.

NOTE: Issuance of a development permit by the county does not in any way create any rights on the part of the

applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the

county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations

imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.

Surrounding Land Use Designations and Current Land Use Activity

Table 1

Northwest: PM/ARR: Agricultural, pasture,

open space, Peace River

North: PM/ARR: Agricultural,

residential, pasture, open space

Northeast: A/RR: Agriculture

West: PM/ARR: Agricultural,

residential, pasture, open space,

Peace River

Subject Property: PM/ARR: Phosphate Mining and

Beneficiation Plant

East: A/RR and L/R: Fly Wheelers,

open space, agriculture

Southwest: Hardee County: Agriculture

South: Polk County – A/RR: residential

Hardee County: Agriculture

Southeast: Hardee County: Agriculture

The surrounding uses include agriculture, the Peace River and open space to the northwest and

west; agriculture, residential, and open space to the north; agriculture to the northeast, Fly

Wheelers, agriculture and open space to the east; and Hardee County to the south.

Compatibility with the Surrounding Land Uses and Infrastructure:

The subject property has been a phosphate mine since 1981 when the DRI was approved. A

beneficiation plant does exist on site as an accessory use; but, it is used to process materials mined

within the South Fort Meade Mine. This request will permit processed phosphate material from

another mine to be blended at the existing beneficiation plant on this subject site with the processed

rock from the South Fort Meade Mine. The beneficiation plant is about a mile and half from the

nearest residential structures along Mt. Pisgah Road to the southwest, over a mile from County

Line Road to the south, over two (2) miles to the western property line, over three (3) miles to the

eastern and northern property lines. Therefore, staff finds that this location is suitable due to the

sufficient amount of separation from neighboring residences. Further, the request results in the use

existing roads and the existing beneficiation plant.

A. Land Uses:

The property lies within the Rural Development Area and the Bone Valley area. The property is

designated PM and A/RR but regulated by the Phosphate Mining Ordinance 88-19. The A/RR is

not a significant portion of the mine and in many cases has been sold off by Mosaic for agriculture

and residential purposes since the mine’s first approval in 1981. The PM Future Land Use

designation is for mining and mining related activities which are consistent with the subject

property’s current use.

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Hardee County is to the south of the subject mine. The Future Land Use designation of land in

Hardee County to the south is Agriculture (See Exhibit 7). Hardee County has been notified of this

request and has not offered any objections or concerns regarding roadway impacts.

B. Infrastructure:

The beneficiation plant is currently on well and septic tanks. The access to the beneficiation plant

is from Manley Road which is a private road maintained by Mosaic. Manley Road accesses

County Line Road. The pavement of County Line Road and associated road drainage are

maintained by Polk County and Hardee County performs the mowing and tree trimming. County

Line Road intersects with US 17 on the west. There are no schools along County Line Road but

some homes do have frontage along County Line Road.

Nearest and Zoned Elementary, Middle, and High School

The closest public schools are in Fort Meade and include Lewis Ana Woodbury Elementary

School, Fort Meade Middle/Senior, and Fort Meade Senior. This request will not have an impact

on school concurrency. However, the trucks leaving the site may travel north on US 17 through

Fort Meade. Non-residential developments do not generate a demand for school capacity.

Therefore, such data is not provided in this report.

Nearest Sheriff, Fire, and EMS Station

Fire and EMS response to this project is from Polk County Fire Rescue Station 770 in Fort Meade

with a travel distance of 12 miles to the beneficiation plant. The response times should average ten

(10) minutes.

Table 2

Name of Station Distance Response Time*

Sheriff Southwest District Headquarters, 4120 U.S. Highway 98 S. 28± miles 20+ minutes

Fire Polk County Fire Rescue Station 770, 1235 9th

Street NE, Ft Meade ±12 miles 10+ minutes

EMS Polk County Ambulance Station 770, 1235 9th

Street NE, Ft Meade ±12 miles 10+ minutes

Source: Polk County Sheriff’s Office and Public Safety

*Response times are based from when the station receives the call, not from when the call is made to 911.

The site is located in the Polk County Sherriff’s Office Southwest District, the headquarters of

which is located at the entrance to Polk State College on US 98. Sheriff response times are not as

much a function of the distance to the nearest sheriff’s substation, but more a function of the

overall number of patrol officers within the County.

Water and Wastewater Demand and Capacity:

The subject site is in an area of the County without potable water and sewer. The City of Fort

Meade’s service area does incorporate a small portion of the northwest mining boundary. But any

water or wastewater utilized by the beneficiation plant is from on-site wells and septic and any

water usage within the mining boundaries are from private sources

A. Estimated Demand and Service Provider:

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The applicant provided water and wastewater information used on site. The primary source of

potable water for the beneficiation plant originates from the dedicated potable deep well within the

facility. Water is drawn from the well, disinfected on site, stored under pressure, and distributed to

multiple service connections on demand throughout the facility. Spent potable water is ultimately

plumbed to a three-stage septic tank/drain field system located south for the plant. Bottled drinking

water is also available for employee use.

Non-potable water is drawn from two 14” plant production wells and five six (6) inch sealing wells

located within one and a half miles of the plant. These non-potable plant production wells are used

periodically through the year as needed for the operation of the plant to process phosphate rock.

Each of these production wells has the capacity to draw seven (7) MGD. The five sealing wells are

used to seal and lubricate bearings in matrix and tailing lift pumps. This water also ends up in the

mine process water system, either back to the plant or out to a sand tailings disposal site. Each

sealing will has the capacity to draw 0.3 MGD.

Estimated demand is normally offered in this section for full build out of the subject property.

However, this request is pertains only to the increased use of truck transport to and from the South

Fort Meade Mine and associated beneficiation plant and therefore, has no effect on water and

wastewater. In addition, estimating an industrial use on 17,506 acres of land is not realistic as there

is not industrial facility this size currently in Polk County. Therefore, estimated demand is not

being provided.

B. Available Capacity:

The available capacity information for the onsite wells was provided in the previous section.

C. Planned Improvements:

There are no public utility system improvements needed to support this request.

Roadways/ Transportation Network

The mining boundaries have the rights-of-way frontage along Dishong Road, Mt. Pisgah Road, and

Avon Park Cut off Road running through the property or adjacent to the property. However, the

only access to the mine is from County Line Road. Employee traffic can use any portion of County

Line Road to get to the beneficiation plant. Truck traffic originating in Hardee County and further

south will typically use US 17 until it intersects with County Line Road and then travel east on

County Line Road to access Manley Road. The trucks may turn either north or south on US 17

after they leave the beneficiation plant. County Line Road is not monitored by the Polk TPO for

concurrency. However, the County’s road inventory lists the pavement width at 20 feet. Manley

Road has a driveway on County Line Road and is adequate for truck traffic (see Exhibit 8).

A. Estimated Demand:

Florida Statutes no longer regulates phosphate mining DRIs. However, the mine remains vested by

the valid unexpired Development Order. The Development Order has a condition regarding the use

of trucks only when rail service is not available to transport rock mined within the South Fort

Meade Mine off site. Therefore, to amend this condition, Chapter 9 Section 907 standards

regarding Minor and Major modifications to Conditional Uses were used to determine that this

request is necessary. The modification is very specific to only permit an additional 268 trucks per

day to transport phosphate material to and from the South Fort Meade Mine site in addition to the

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existing employee traffic and other accessory truck traffic for the mining and beneficiation plant

activities. The beneficiation plant employs approximately 235 people and the shift information is

provided in Table 3 below. The applicant conducted a PM Peak Hour analysis of existing traffic

which is provided in Exhibit 9. In addition, the applicant provided information on current traffic

and the impact of the additional 268 trucks per day traveling to and from the South Fort Meade

Mine site.

Table 3

Shift Time Number of Employees Trips

6:00 am to 6:00 pm 40 80

6:00 pm to 6:00 am 25 50

7:00 am to 3:30 pm M-F 95 190

The PM Peak hour is from 4 pm to 6 pm. Shift changes occur between 5 and 6 am and then again

between 5 and 6 pm. The evening shift change is during the PM Peak. A development is

considered significant on a roadway if the generated traffic is five percent (5%) or more of the

adopted service volume. However, County Line Road, a Rural Minor Collector, between the

Polk/Hardee County line east of US 17, is not monitored by the Transportation Planning

Organization for Concurrency. Collector roads average 1,500 to 10,000 vehicle trips depending on

if the adopted service volume is an “A” or an “E”. The additional 268 trucks per day will generate

536 AADT and at PM Peak hour that is much lower. The applicant has estimated a PM Peak Hour

net new truck trips at 27 (see Exhibit 9).

B. Available Capacity:

Table 4, to follow shows the generalized capacity on US 17 as County Line Road is not tracked for

concurrency. All 268 new truck trips, when leaving the South Pasture Mine to the South Fort

Meade Mine will travel up US 17 from Hardee County and turn east on County Line Road and then

enter the DRI site on Manley Road. The trucks can then leave the facility and travel either north or

south on US 17 and travel at any time during the day or night.

Table 4

Link # Road Name

Current

Level of

Service (LOS)

Available PM

Peak Hour

Capacity

Minimum

LOS

Standard

5001N US 17 (Hardee County Line to 9th

Street) B 1,294 D

5001S US 17 (Hardee County Line to 9th

Street) B 1,314 D Source: Polk County Transportation Planning Organization, Concurrency Roadway Network Database 2016

Based on the trips rates shown in Table 3, and the estimated 268 trucks (536 trips), there appears to

be ample capacity available to support the request based on typical capacity limits for a Rural

Minor Collector.

C. Roadway Conditions:

Polk County uses the Pavement Surface Evaluation and Rating (PASER) method established by the

Transportation Information Center at the University of Wisconsin-Madison. The roadway

condition rating for County Line Road is four (4) and five (5) which is consider fair. US 17 is in

good condition and is intended to handle truck traffic as it is considered part of the state’s Strategic

Intermodal System. Staff is requesting a condition that the applicant monitor County Line Road

and US 17 within Polk County to ensure adequate roadway conditions from the impacts of this

request.

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There is a bridge over the Peace River on County Line Road that does have a weight limit of 29

tons for Single Unit (SU) Trucks. The applicant has provide the information that this weight limit

restriction only applies to SU (single unit) trucks; therefore, any other trucks such as C

(combination unit) trucks or ST (truck trailer) trucks do not have to abide by this weight restriction,

due to the fact that they have more axles and disperse their weight across a greater area which has

less impact on the bridge. Mosaic proposes to use a trucks with at least five (5) axles, so the 29 ton

weight restriction will not apply to their trucks.

D. Planned Improvements:

There are no transportation improvements planned for the US 17 or County Line Road.

E. Mass Transit

There is no mass transit services provided to County Line Road. The services stop in downtown

Fort Meade.

Environmental Conditions

The property has been mined for several decades. Prior to the mine approval, an environmental

analysis addressing all the items in the section was undertaken and addressed throughout the

mining of the property. The original environmental features are different now than when mining

began. However, the FDEP regulates mining in Florida and the goal is to reclaim mined land to its

pre-mined state. However, with that said, there is an extensive network of floodplains, wetlands,

streams and river, and endangered species throughout the mine site. However, the request is to

allow 268 more trucks which will only use the existing roadways.

A. Surface Water:

The Peace River on the mine boundaries western side is the most prominent surface water feature

with other tributaries extending throughout the mine boundary (See Exhibit 4). The FDEP has

oversite in regards to surface water impacts by the mining activity. There should be no further

adverse impacts upon surface waters as a result of this approval.

B. Wetlands/Floodplains:

There is an extensive network of wetlands and floodplains within the mine boundary (See Exhibit

4). As stated above, the FDEP has oversite regarding wetlands and floodplain impacts and the goal

is to reclaim mined land to its pre-mined state.

C. Soils:

According to the Soil Survey of Polk County, the entire site is made up of several different soil

types that have been altered since the start of the mining. See Exhibit 5 for a list of the soil types.

The request is for additional truck traffic to use existing roads. Therefore, the request is not

anticipated to be significantly impacted by the soil types.

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D. Protected Species

According to the Polk County Endangered Habitat Map (Source: Florida Natural Areas Inventory,

2006 &2011), there are portions of the mine boundary within a one-mile radius of an endangered

animal species sighting. The FDEP has oversite in regards to endangered animal impacts and the

goal is to reclaim mined land to its pre-mined state.

E. Archeological and Historical Resources:

Prior to mining, archeological and historical resources were identified. The impacts to these sites

from the mining have been reviewed by the appropriate state agency with jurisdiction. This request

is not anticipated to impact any archeological and historical resources.

F. Wells (Public/Private)

There is a dedicated deep well within the facility as a primary source of potable water for the

beneficiation plant. In addition, nNon-potable water is drawn from two 14” plant production wells

and five six (6) inch sealing wells located within one and a half miles of the plant.

G. Airports:

The site is not within any Airport Buffer Zones. This location is far from an airport flight path or

protection zone.

Park Facilities:

The proposed request for an additional 268 trucks per day to access the South Fort Meade Mine site

does not depend upon recreation facilities. There are no known public recreational facilities along

County Line Road. Therefore, additional recreational data is not provided in this report.

Economic Factors:

Mining is not a permanent use of any property. Ultimately, the resource will be completely

withdrawn and the use will end. The most important factor for the community to consider is what

is to be done with the property afterward. FDEP is the agency with reclamation oversight. Their

goal is to have the property reclaimed to pre-mining state as much is as practicable.

The material to be transported to the subject site was being sent to Mosaic’s Plant City beneficiation

plant which has been closed. Mosaic has stated that the beneficiation plant at the subject site is

better able to blend the materials from both the subject mine and the South Pasture Mine in Hardee

County rather than the blending the materials at the beneficiation plant in Hardee County.

Consistency with the Comprehensive Plan and Land Development Code:

The request is consistent with the Comprehensive Plan and the Land Development Code (See Table

5 below: Consistency with the Comprehensive Plan and Land Development Code).

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Comprehensive Plan Policy or LDC Regulation Consistency Analysis

Ordinance 88-19 regulates phosphate mining activities related to

required reports, operational plans and permits. The purpose of this

ordinance is as follows:

It is the purpose of this ordinance to regulate the mining of

phosphate in a manner that will balance the interests of the

phosphate industry with those of the general public; to protect the

public health, safety, and general welfare; to insure the orderly

development of mineral resources in a manner compatible with the

overall development of the county; to conserve natural resources

both present and future use; to minimize the adverse impact of

mining; to insure that phosphate mining (including debris mining),

a temporary land use, is carried out in such a manner as not to

preclude future normal uses of mined lands; and to insure that

phosphate mining activities are consistent with the Polk County

Comprehensive Plan.

The request does not impact the mining activities.

Therefore, this Ordinance is not relevant to the

request.

POLICY 2.114-A3: PERMITTED ACTIVITIES - The following

activities shall be permitted within the Phosphate Mining land use

category as mapped pursuant to Policy 2.114-A2:

a. Phosphate mining and allied industries;

b. Land reclamation;

c. Agriculture and Farmworker housing under specific design

parameters listed in the Land Development Code not to

exceed an intensity of sixteen (16) workers per acre.

d. Other land uses with conditional approval which are

compatible and related with the extraction and processing

of phosphate; and

e. Subject to the adoption of a Comprehensive Plan

amendment, any activities permitted within the following

land use designations, which are appropriate for the

redevelopment of lands formally utilized for phosphate

mining operations and which demonstrate compliance with

the Comprehensive Plan criteria for each use:

Preservation; 2. Recreation and Open Space; 3.

Leisure/Recreation; 4. Institutional; 5. Rural Cluster

Centers; 6. Tourism; Commercial Centers; 7. Business

Park Centers; 8. Industrial; 9. Rural Mixed-Use

Developments; 10. New Communities; 11.

Agricultural/Residential Rural only

The beneficiation plant is an allied use to

phosphate mining. The transporting of off-site

phosphate materials and shipping of mined

materials are activities and use included in the

definition of Phosphate Mining.

Chapter 10 of the LDC definition of Phosphate Mining: - Extraction

of phosphate ore from the earth, including the removal of

overburden for the purpose of reaching underlying ore. The term

also includes the reclamation of previously mined land; accessory

transporting, washing, storage, drying, grinding, and shipping of

mined materials; and all other accessory activities reasonably


The Comprehensive Plan defines Compatibility in Section 4.400 as

“A condition in which land uses or conditions can coexist in

relative proximity to each other in a stable fashion over time such

that no use or condition is unduly negatively impacted directly or

indirectly by another use or condition.”

The request use is to add 268 trucks per day to

and from the South Fort Meade Mine site,

including trucks bringing phosphate rock from the

South Pasture Mine in Hardee County using state

or County roadways to the existing on site

beneficiation plant. The applicant has provided a

traffic analysis to demonstrate that the additional

trips are within the capacity of the roadway.

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Comprehensive Plan Policy or LDC Regulation Consistency Analysis

DRI Development Order Condition regarding rail service - Should

rail service from the mine site be interrupted for a period of more

that five consecutive days for reasons beyond Mosaic’s control,

Mosaic will be allowed to utilize truck transportation from the mine

site to its existing fertilizer manufacturing locations in Polk and

Hillsborough counties. Prior to initiating trucking, Mosaic will

submit to the Central Florida Regional Planning Council and Polk

County a proposed route study for the truck traffic.

This condition will be amended via an

amendment to the DRI Development Order

resolution to state that the DRI DO addresses the

mining activities specifically and will reference

this CU to specifically address the addition of the

268 trucks accessing the mine site.

Comments from other Agencies: None.

Exhibits Exhibit – 1 Location Map

Exhibit – 2 Aerial

Exhibit – 3 Future Land Use

Exhibit – 4 Wetlands/Floodplains

Exhibit – 5 Soils

Exhibit – 6 DRI Map H

Exhibit - 7 Hardee County Future Land Use Map

Exhibit – 8 Driveway Detail

Exhibit – 9 Applicant’s Traffic Study

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Exhibit 1

Location Map

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Exhibit 2

Aerial

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Exhibit 3

Future Land Use Designations

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Exhibit 4

Wetlands and Floodplains

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Exhibit 5

Soils

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Exhibit 6

DRI Map H

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Exhibit 7

Hardee County Future Land Use Map

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Exhibit 8

Driveway Detail

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Exhibit 9

Applicants Traffic Study

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February 20, 2018 Board of County Commissioners Regular Meeting Agenda Item #25

SUBJECT Public Hearing (Adoption Public Hearing) to consider a Resolution adopting a Restated and Amended Development Order to the South Fort Meade Mine Development of Regional Impact (DRI). DESCRIPTION

This is an applicant initiated request to modify the Development Order amending a condition to permit the truck transport of mined material if rail service is interrupted. Mosaic is requesting to bring phosphate rock via 268 truckloads per day from South Pasture Mine in Hardee County to the Beneficiation Plant at the South Fort Meade Mine site to be blended with on-site material. An Underline and Strikeout Resolution for an Amended and Restated Development Order is attached under separate cover. The conditions related to the trucks are addressed in CU 18-06. This change does not require a DRI review pursuant to Section 380.06 Florida Statutes, as mining is now an exempted activity. However, since the Development Order is still valid, the Development Order does need to be amended to permit this off-site truck activity.

RECOMMENDATION Adopt, Adopt as amended by the Board, or Do not adopt.

FISCAL IMPACT

No Fiscal Impact.

CONTACT INFORMATION

Chanda Bennett Long Range Planning Division 863-534-6484 [email protected]

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_____________________________________________________________________________________________ Page 1 of 17

RESOLUTION NO. _______ FOR A RESTATED AND AMENDED

DEVELOPMENT ORDER POLK COUNTY, FLORIDA

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA, RESTATING AND AMENDING A ISSUING AN AMENDED DEVELOPMENT ORDER ISSUED PURSUANT TO CHAPTER 380, FLORIDA STATUTES OF APPROVAL WITH CONDITIONS FOR AN APPLICATION FOR APPROVAL OF THE SOUTH FORT MEADE PHOSPHATE MINE, A DEVELOPMENT OF REGIONAL IMPACT (DRI) KNOWN AS THE SOUTH FORT MEADE PHOSPHATE MINE,; SUBMITTED BY MOSAIC FERTILIZER, L.L.C.; SETTING FORTH FINDINGS OF FACT, CONCLUSIONS OF LAW, AND CONDITIONS OF APPROVAL PURSUANT TO CHAPTER 380, FLORIDA STATUTES.

WHEREAS, the Polk County Board of County Commissioners, hereafter referred to

as “the Board”, as the governing body of local government having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider applications for amendment of a Development of Regional Impact (“DRI”); and

WHEREAS, the Mobil Mining and Minerals Company (Formerly Mobil Chemical Company) hereafter referred to as “Mobil”, filed the following documents with the Board pursuant to Section 380.06, F.S.;

1. An Application for Development Approval, hereafter referred to as “the Application,” dated May 4, 1981, seeking approval of a phosphate mine DRI Development of Regional Impact; and

2. Amendments to the Polk County mine site plan, hereafter referred to as “Amendments,” which conform to the original site plan to the above-referenced application, which amendments are dated August 28, 1981.

WHEREAS, The Board held a duly noticed public hearing on said application on September 15, 1981, as required by Section 380.06, Florida Statutes; and

WHEREAS, Mobil, other units of government, local agencies and interested citizens were afforded the opportunity to participate in all proceedings before the Board relating to the application and were provided the opportunity to present witnesses, evidence and argument on all issues, conduct cross-examination, and submit rebuttal evidence; and

WHEREAS, The Board reviewed all of the above referenced evidence and on September 22, 1981, approved, with conditions, a Development Order (“DO”) for the South Fort Meade Phosphate Mine DRI; and

WHEREAS, on November 9, 1981, the State Department of Veteran and Community Affairs filed a Notice and Petition Challenging the waste disposal and reclamation plans approved in the Polk County order; and

WHEREAS, Mobil, the Department of Veteran and Community Affairs, Polk County (approved by the Polk County Commission on September 22, 1981) and the Central Florida Regional Planning Council entered into an Amended Stipulation which was adopted as a modification of the Development Order by a Final Order entered on May 12, 1982, by the Florida Land and Water Adjudicatory Commission; and

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WHEREAS, on February 26, 1993, Mobil submitted a Notification of Proposed Change to amend the Development Order; and

WHEREAS, on June 8, 1993, the Board found that the requested amendment did not constitute a Substantial Deviation and approved the requested amendment; and

WHEREAS, on November 15, 1994 Mobil proposed changes to the mine that necessitated an amendment to the Development Order; and

WHEREAS, the Board held a duly noticed public hearing on said application on May 23, 1995, as required by Section 380.06, Florida Statutes; and

WHEREAS, on May 23, 1995, the Board found that the requested amendment did not constitute a Substantial Deviation and approved the requested amendment; and

WHEREAS, in December 1995 Cargill Fertilizer, Inc. (“Cargill”) and South Fort. Meade Partnership, L.P. (“SFMP”) purchased the land and facilities addressed and regulated by the South Fort Meade Phosphate Mine DRI; and

WHEREAS, Cargill assumed responsibility for the development and operation of the phosphate mining and processing activities approved under the South Ft. Meade Phosphate Mine DRI and agreed to be bound by the terms of this Development Order; and

WHEREAS, on May 22, 1998, a substantial deviation application for certain mining amount amendments was found to be sufficient for review by the staff of the Central Florida Regional Planning Council; and

WHEREAS, on July 8, 1998, a public hearing was held by the Central Florida Regional Planning Council and the Substantial Deviation was recommended for approval; and

WHEREAS, the Board held a duly noticed public hearing on said application on August 18, 1998, as required by Section 380.06, Florida Statutes and approved the amendment; and

WHEREAS, Cargill has purchased an additional 37.7 acres of land from the area of the “outparcels” adjacent to the then existing South Fort. Meade Mine; and

WHEREAS, because the addition of the 37.7 acres parcel didoes not constitute a Substantial Deviation to the approved DRI, in October 1998 Cargill filed a Notice of Proposed Change with Polk County, the Central Florida Regional Planning Council and the Florida Department of Community Affairs to add the parcel; and

WHEREAS, Cargill filed and application for an amendment to the Polk County Comprehensive Plan Future Land Use Map for the parcel, which application has been reviewed by all appropriate government agencies; and

WHEREAS, Cargill, other units of Government, local agencies and interested citizens were afforded the opportunity to participate in all proceedings before the Board relating to the application and were provided the opportunity to present witnesses, evidence and arguments on all issues, conduct cross-examination, and submit rebuttal evidence; and

WHEREAS, on June 8, 1999, the Board of County Commissioners of Polk County duly passed and adopted the proposed amendment with conditions, as set forth in Resolution No. 99-39; and

WHEREAS, Cargill purchased an additional out-parcel legally described as approximately one (1) acre in the south 150 feet of the north 422 feet of the east 290.4

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_____________________________________________________________________________________________ Page 3 of 17

feet of the north ½ of the northwest ¼ of the northwest ¼ of Section 26, Township 32 South, Range 25 East, less 25.00’ right of way of Mt. Pisgah Road, Polk County, Florida; and

WHEREAS, on May 31, 2002, Cargill submitted a Notice of Proposed Change to a previously approved Development of Regional Impact (DRI) Development Order pursuant to subsection 380.06 (19), Florida Statutes to the Polk County Commission, the Central Florida Regional Planning Council, and to the Florida Department of Community Affairs to add said out parcel to the DRI Development Order; and

WHEREAS, Cargill, other units of Government, local agencies and interested citizens were afforded the opportunity to participate in all proceedings before the Board relating to the application and were provided the opportunity to present witnesses, evidence and arguments on all issues, conduct cross-examination, and submit rebuttal evidence; and

WHEREAS, on September 4, 2002, the Board of County Commissioners of Polk County duly passed and adopted the proposed amendment with conditions, as set forth in Resolution No. 02-48; and

WHEREAS, on October 22, 2004, Mosaic Fertilizer, LLC (“Mosaic”) was created from a merger between Cargill Crop Nutrition and IMC Global, Inc.; and

WHEREAS, Mosaic assumed responsibility for the Development and operation of the phosphate mining and processing activities approved under the South Ft. Meade Phosphate Mine DRI and agreed to be bound by the terms of this Development Order; and

WHEREAS, in October 2008, Mosaic was granted permission to permit the requested mining and related activities on the land known as the “Devane” and “Best” parcels, as described in Exhibit C, with the intention to purchase the property; and

WHEREAS, in October 2008, Mosaic was granted permission to permit within an easement currently owned by Sun Grown Citrus as described in Exhibit D; and

WHEREAS, on January 14, 2009, Mosaic filed an application to amend the Polk County Comprehensive Plan Future Land Use Map for the Devane & Best parcels in order to change the Future Land Use designation from Agricultural/Residential-Rural (A/RR) to Phosphate Mining (PM); and

WHEREAS, on January 14, 2009, Mosaic Fertilizer, LLC submitted a Notification of Proposed Change to amend the Development Order to add 237.5 acres, including the aforementioned 19.4 acre “Devane” parcel and the 19.8 acre “Best” parcel, the three acre “Sun Grown Citrus” parcel, and an additional 195.3 acres known as the “Old Colony Addition” currently owned by Mosaic Fertilizer, LLC and described in Exhibit E; and

WHEREAS, on February 13, 2009, Mosaic purchased the “Devane” and “Best” properties; and

WHEREAS, on March 17, 2009, the Central Florida Regional Planning Council advised Polk County that the proposed change did not constitute a Substantial Deviation pursuant to Section 380.06(19), Florida Statutes; and

WHEREAS, on May 20, 2009, the Board of County Commissioners conducted a duly noticed public hearing for the issuance of a Development Order, and, during the conduct of said hearing, solicited and evaluated comments, testimony and reports, both oral and written, from local, state, and regional agencies and interested citizens

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concerned with the issuance of the amended Development order by Polk County for Mosaic; and

WHEREAS, on May 20, 2009, the Board of County Commissioners conducted a public hearing pursuant to Section 380.06 (19)(f)(3), Florida Statutes, with due public notice having been provided, and determined that the proposed changes presented at the public hearing do not constitute a substantial deviation from the adopted Development Order and the Board also determined that the proposed changes be approved and the amendments be adopted the proposed change in the form of a Restated and Amended Development Order for the South Fort Meade Mine cumulatively incorporating all changes to the Development Order through May 20, 2009. WHEREAS, in 2011, the Florida Legislature amended Section 380.06(24)(t) to exempt changes to solid mineral mines from the DRI review and to provide that DRI development orders for solid mineral mines shall continue to enjoy vested rights and continue to be effective unless rescinded by the developer;

WHEREAS, Section 380.06(24)(t) requires changes to solid mineral mines to comply with applicable local government regulations in lieu of DRI review:

WHEREAS, the Polk County Land Development Code provides that Phosphate

Mining is subject to Level 4 Conditional Use Review,

WHEREAS, on December 12, 2017, Mosaic submitted an application for Level 4 Conditional Use Review to amend the Development Order to add 268 trucks to the South Fort Meade mine transportation approval during normal operations (“Proposed Change”); WHEREAS, this Development Order is being amended to include reference to a Conditional Use Level 4 approval issued pursuant to local law and procedures and which is being issued contemporaneously with this amendment to the Development Order; WHEREAS, on February 20, 2018, the Board of County Commissioners conducted a public hearing with due public notice having been provided, and determined that the Proposed Change is not subject to DRI review but that amendment of this Development Order is necessary to reference the Conditional Use Level 4 Review process and approval; and

WHEREAS, the Board also determined that approval of Proposed Change requires the adoption of a Restated and Amended Development Order for the South Fort Meade Mine cumulatively incorporating all previous changes to the Development Order through February 20, 2018.

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NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA, THAT THE APPLICATION FOR AN AMENDMENT SUBMITTED BY MOSAIC IS HEREBY APPROVED WITH CONDITIONS; SAID APPROVAL AND FINDINGS BEING BASED UPON THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS OF LAW. I. FINDINGS OF FACT

A. The Application for Development Approval dated May 4, 1981, seeking approval of a phosphate mine DRI is Mobil submitted the application to the Board on May 12, 1981, said application being incorporated and made a part of this resolution by reference.

B. Mosaic submitted this request for an amendment to the approved Development Order, in the form of a Level 4 Conditional Use application Notice of Proposed Change, to the Board on December 12, 2017 January 14, 2009, said application Notice being incorporated and made a part of this resolution by reference.

C. The South Fort Meade Mine currently covers involves approximately 17,271 acres, which are currently owned or controlled by Mosaic. This amendment is to add approximately 237.5 additional acres (“Additional Land”) to the current acreage resulting in a total of approximately 17,508.5 acres as described in attached as Exhibit B.

D. The proposed change does not exceed the Substantial Deviation criteria listed in subsection 380.06 (19), Florida Statutes (F.S.) and, therefore, does not constitute a Substantial Deviation.

E. The Development Order Application also involves covers the construction of ore processing and mine facilities. The average annual mining rate will remain 645 acres per year.

F. The proposed development is not located in an area of critical state concern as designated pursuant to Section 380.05, F.S.

G. The Board has adopted a Comprehensive Plan for Polk County pursuant to Section 163.161, F.S., which is applicable to the development site and the requested additional acreage. South Fort Meade Mine DRI. At the time of application for the proposed change (January 14, 2009), approximately 39.2 acres of the Additional Land had a current land use designation of A/RR (Agriculture/Residential Rural). Consequently, an amendment to the Polk County Comprehensive Plan Future Land Use Map was submitted to change these acres to PM (Phosphate Mining). The remaining 198.3 acres of Additional Land within the proposed change The land within the mine is currently designated as PM (Phosphate Mining).

H. Subject to the conditions provided herein, the Pproposed Change amendment will not have an unfavorable impact on the environment and natural resources of the region.

I. The Pproposed Change amendment and the development will have a favorable impact on the economy of the region.

J. The Pproposed Change amendment will not significantly burden the existing public facilities of the region, including transportation facilities.

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K. The Pproposed Change amendment will not adversely affect the ability of people to find adequate housing reasonable accessible to their place of employment.

L. Existing sSources of energy are sufficient and will not be unduly burdened by the proposed amendment.

M. Waste disposal and land reclamation technologies have been thoroughly evaluated by Mosaic and considered by the Board and are unchanged by the Proposed Change.

N. When the South Fort. Meade mine was originally approved, the property contained several “out parcels” not owned or controlled by Mobil at the time the original application was made. The “out parcels” are located within the interior of the South Fort Meade Mine. Although the Application did not include the mining of these “out parcels”, Mobil did plan to purchase and mine these parcels. The original DO stated that “inclusion of these parcels into the mining plan and subsequent reclamation will not result in any increased regional impacts.” Although Additional Lands to be added by a proposed the 2009 NOPC change were not within the “out parcels” boundary, they were are adjacent to the current mine boundary. The inclusion of the is aAdditional 237.5 acres into the mine and reclamation plans has been evaluated pursuant to Section 380.06, F.S., and will not result in any increased regional impacts.

O. On January 21, 1999, the Board of County Commissioners convened the required public hearing on the proposed amendment to the Future Land Use Map of the Polk County Comprehensive Plan. Cargill agreed to restrict mining to 11.8 acres of the Additional Land from the 1999 NOPC.

P. On September 4, 2002, the Board convened the required public hearing on the application, heard testimony and received evidence and documents pertaining to the Notice of Proposed Change for the amendment of the Development Order.

II. CONCLUSIONS OF LAW

A. The Board’s review of the application for the amendment of the Development Order has been conducted pursuant to and complied with the provisions of Section 380.06(24)(t), Chapter 380, F.S.

B. The application for the amendment of the Development order as submitted, complies with the requirements of Section 380.06, F.S. and Chapter 28-24, Florida Administrative Code.

C. The amendment is consistent with the report and recommendation of the Central Florida Regional Planning Council.

D. The amendment is consistent with the Polk County Comprehensive Plan, and local land development regulations.

E. The amendment is consistent with and applicable portion of the State Comprehensive Plan. The amendment does not unreasonably interfere with the achievement of the objectives of any applicable state land development plan.

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F. All development activities described in the application shall be subject to the terms of this Development Order and pursuant to Section 380.06(24)(t), F.S. shall not be subject to future DRI evelopment of Regional Impact review pursuant to Section 380.06, F.S. unless the Board determines that any proposed changes to the development constitutes a substantial deviation pursuant to Section 380.06(17), F.S. and the conditions herein but shall instead be reviewed pursuant to local Polk County requirements.

G. The provisions of the Development Order shall not be construed as a waiver or exception of any rules, regulations, or ordinances of Polk County and, therefore, anyd further review and approval required by Polk County shall be subject to all such applicable rules, regulations or ordinances in effect at the time of review.

H. The annual report of mining operations required by Polk County regulations is an appropriate vehicle for monitoring the development, as required by Section 380.06(15)(c)(1) Florida Statutes and further is an appropriate vehicle for the biennual annual report required by Section 380.06(15)(c)4 (3) Florida Statutes and 9J-2.025(7), Florida Administrative Code, and shall be utilized to satisfy those provisions of Chapter 380, F.S.

I. The Polk County Code Enforcement Director shall be the local official responsible for assuring compliance with this Development Order.

BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA THAT THE APPLICATION FOR THE AMENDMENT OF THE DEVELOPMENT ORDER IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS. III. CONDITIONS

A. Location of Above Grade Clay Settling Areas No above grade clay settling areas shall be allowed within 100 year floodplain of Bowlegs Creek.

B. Reclamation of Freshwater Marsh Prior to the commencement of their reclamation, Mosaic shall provide a plan for the reclamation of non-forested wetlands which shall reflect the most recent, accepted technology, the most economically and technologically sound approach, and the best management practices for such reclamation. The plan shall address water quality, plant and animal species diversity, and techniques, such as natural revegetation, the transplanting of desired vegetation, and the utilization of substrate from existing marshes as a seed source. The plan shall be submitted to and approved by the Florida Department of Environmental Protection.

C. Rail Service and Truck Transportation Should rail service from the mine site be interrupted for a period of more that five consecutive days for reasons beyond Mosaic’s control, Mosaic will be allowed to utilize truck transportation from the mine site to its existing fertilizer manufacturing locations in Polk and Hillsborough counties. Prior to initiating trucking, Mosaic will submit to the Central Florida Regional Planning Council and Polk County a proposed route study for the truck traffic.

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Mosaic is authorized to transport 268 truckloads of rock from the South Pasture Mine in Hardee County to the South Fort Meade Mine. Conditions related to these additional truck trips are further addressed in CU 18-06.

D. Mining Rate Mosaic is authorized to mine at an average rate of 645 acres per year.

E. Substantial Deviation 1. Any proposal to mine within the 25-year floodplain of Bowlegs

Creek shall be considered by the Board as a substantial deviation subject to a Level 4 Conditional Use Review.

2. Any proposed changes to the application which involve the following shall be submitted to the Board for a determination if such change constitutes a substantial deviation subject to a Level 4 Conditional Use Review and, therefore, requiring further review pursuant to Section 380.06, F.S. a. Any increase in the area to be mined except for any “out

parcels” located within the Mosaic Tract. b. Any increase in the above grade clay settling areas except

for waste clay disposal resulting from the mining of “out parcels,” provided such disposal and reclamation if performed in the same methodology used for the South Fort Meade Mine and otherwise complies with the conditions of this Development Order.

c. Any change which would result in an increase in the regional impacts.

3. The following changes shall be presumed not to be a substantial deviation subject to a Level 4 Conditional Use Review requiring further review: a. Any decrease in the area used for above grade clay settling. b. A decrease in the regional impact of the development. c. A change required by permit conditions or requirements

imposed by the Department of Environmental Protection (DEP), the Department of Natural Resources, the Southwest Florida Water Management District, or any of their successor agencies of by and appropriate federal regulatory agency.

F. Restriction as to Additional Land Subject to Resolution 99-39 Mosaic’s mining operations on the Additional Land from the 1999 NOPC, subject to Resolution 99-39, amending the Development Order to add 37.7 acres from the area of the out-parcels shall be limited to 11.8 acres in the southeast portion of the Additional Land from the 1999 NOPC, in order to maximize buffering along the north and west boundaries.

G. Polk County Mining Regulation This Development Order approves conceptual mining and reclamation plans. Actual mining operation implementing these plans shall comply with the Polk County Mining Ordinance (88-19) in effect at the time of mining. This condition shall not restrict or preclude Mosaic from participating fully in amendments to the Polk County mining ordinance or adoption of new ordinances, or otherwise seek relief from regulations imposed by the board. Mosaic shall submit the necessary applications to amend the South Fort Meade’s Conceptual Plan and Operating Permit to

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add the 237.5 acres of Additional Land as described in the 2009 NOPC prior to mining any area within the Additional Land.

H. Review and Comment on Permits for the Additional Land Portions of the additional lands that are apart of the 2009 NOPC applications appear to contain sensitive lands that may require inspection/permits to determine the limits of mining in these areas. Environmental Resource Permits may be required to determine the exact limits of mining in these areas. Mosaic shall provide Polk County and the CFRPC the opportunity to participate in the field inspections for these permits and provide copies of these permits and any correspondence regarding these permits to Polk County and the CFRPC and allow comments on the permits.

I. Biennial Annual Report Mosaic shall submit the biennial annual report of mining operations as required by Polk County regulations to the Polk County Code Enforcement Director, the Central Florida Regional Planning Council, the Florida Department of Economic Opportunity Community Affairs and the affected permit agencies pursuant to Section 380.06(16), F.S. on or before the fifteenth day of February of each year. The annual report shall include the status of all permits for the added parcels.

J. Expiration This Development Order shall take effect upon approval and shall remain in effect for the life of the mine, not to exceed September 22, 2021.

K. Recording of Notice of Adoption In addition to the requirements of Section 380.06(15) (f) Florida Statutes, this Development Order shall be recorded by the developer in accordance with the provisions of the Polk County Land Development Code within fifteen (15) days after its rendering to the applicant.

Resolution 09- List of Exhibits Exhibit A – Description of SFM from Approved DRI Area, September 1998 Exhibit B – Description of SFM from NOPC, January 2009 Exhibit C – Legal Description of Devane and Best properties Exhibit D – Legal Description of Sun Grove Citrus property Exhibit E – Legal Description of Old Colony Addition DULY PASSED AND ADOPTED BY THE Board of County Commissioners of Polk County, Florida this 20th day of February, 2018.

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Exhibit A Description of SFM from Approved DRI Area, September 1998

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Exhibit B Description of SFM from NOPC, January 2009

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Exhibit B Description of SFM from NOPC, January 2009 (continued)

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Exhibit B Description of SFM from NOPC, January 2009 (continued)

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Exhibit C Legal Description of Devane and Best properties DEVANE

19.4 acres located in the S ½ of the NE ½ of the SW ¼ of Section 35, Township 32S, Range 25E, Polk County, FL (referred to as the “Devane” parcel).

BEST 19.8 acres located in the N ½ of the SE ¼ of the SW ¼ of Section 35, Township 32S, Range 25E, Polk County, FL (referred to as the “Best” parcel).

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Exhibit D Legal Description of Sun Grove Citrus property

West 200 feet (approximately 3.0 acres) of the S ½ of NW ¼ of SW ¼ of Section 9, Township 32S, Range 26E.

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Exhibit E Legal Description of Old Colony Addition IN TOWNSHIP 32 SOUTH, RANGE 26 EAST, POLK COUNTY, FLORIDA: Section 4:

a) SE ¼ of the SE ¼ of the NW ¼ of the SW ¼. b) E ½ of the NE ¼ of the SW ¼ of the SW ¼. c) W ½ of the SW ¼ of the SW ¼ of the SW ¼. d) N ½ of the SE ¼ of the SW ¼. e) E ¾ of the N ½ of the S ½ of the SE ¼ of the SW ¼.

Section 8:

a) N ¼ of the NE ¼ of the NE ¼. b) NE ¼ of the NW ¼ of the NE ¼. c) E ¾ of the S ½ of the NW ¼ of the NE ¼. d) E ¾ of the N ¾ of the SW ¼ of the NE ¼. e) W ¼ of the N ¾ of the SE ¼ of the NE ¼ LESS the N ¼ thereof.

Section 9:

a) NW ¼ of the NW ¼ of the NE ¼ of the NW ¼ . b) S ¾ of the NE ¼ of the NW ¼. c) N ½ of the SE ¼ of the NW ¼ d) E ½ of the SE ¼ of the SE ¼ of the NW ¼. e) S ¾ of the W ½ of the SE ¼ of the SE ¼ of the NW ¼. f) SE ¼ of the SW ¼ of the SE ¼ of the NW ¼. g) W ¾ of the N ¼ of the SW ¼ LESS: the N ½ of the W ¼ of the N ½ of the NW ¼

of the SW ¼. h) West 200 feet of the S ½ of the NW ¼ of the SW ¼.

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POLK COUNTY BOARD OF COUNTY COMMISSIONERS

Polk County, Florida STATE OF FLORIDA ) ) COUNTY OF POLK ) I, Stacey M. Butterfield, Clerk of the Board of County Commissioners of Polk County,

Florida, hereby certify that the foregoing is a true and correct copy of Resolution No. 18 - ____

of the Board of County Commissioners, which was adopted by the said Board on the 20th day of

February, 2018.

WITNESS by hand and official seal on this ___ day of ____ , 2018.

Stacey Butterflied Clerk and Auditor

(SEAL)

By: Deputy Clerk

IND

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