LAKE BELT PLAN IMPLEMENTATION · 2016-10-16 · mining in the Lake Belt Area would require a Programmatic Environmental Impact Statement (PEIS). The draft PEIS was released in February

Gerardo Fernandez, ChairmanSouth Florida Water Management District

Bill BrantMiami-Dade Water and Sewer Department

Allison DeFoorOffice of the Governor

Andrew GonzalezNon-rockmining Landowner

Juanita GreeneFriends of the Everglades

Dennis HarmonOffice of the Governor

Hardy JohnsonSouth Florida Limestone Mining Coalition

Stephen LauFL Fish and Wildlife Conservation Commission

Janet LlewellynFlorida Department of Environmental Protection

Melissa MeekerFlorida Department of Environmental Protection

Peter MestreNon-rockmining Landowner

Bob O’BrienSouth Florida Limestone Mining Coalition

Guillermo OlmedilloMiami-Dade County Department of Planning and Zoning

John RenfrowMiami-Dade County Department ofEnvironmental Resources Management

Karsten RistFlorida Audubon Society

Jim RobinsonFlorida Department of Community Affairs

Domingo RodriguezNon-rockmining Landowner

Jacqueline RoseNon-rockmining Landowner

Jonathan UllmanSierra Club

Leo VecellioSouth Florida Limestone Mining Coalition

Karl WatsonSouth Florida Limestone Mining Coalition

MIAMI-DADE COUNTYLAKE BELT PLAN IMPLEMENTATIONCOMMITTEE MEMBERS

Bob BarronUS Army Corps of Engineers

Honorable Mario Diaz-BalartFlorida Senate

Karyn FerroEverglades National Park

Austin FormanFlagler Properties and Investments

Carlos GonzalezSouth Florida Regional Planning Council

Richard HarveyUS Environmental Protection Agency

Aaron HigerUS Geological Survey

Honorable Luis RojasFlorida House of Representatives

Honorable Alex VillalobosFlorida House of Representatives

EX-OFFICIO MEMBERSCONTENTS

Executive Summary 1

Background 2

Summary of Legislation 3

Wellfield Protection 5

Master Plan 6

Non-Mining Issues 8

Restudy 9

Master Plan Schedule 10

Action Steps 11

Lake Belt Legislation 13Jim Jackson, AICPProject Manager

11999 PROGRESS REPORT

During 1999, significant progresswas made in several important areas forthe Miami-Dade County Lake Belt PlanImplementation Committee (generallyknown as the Lake Belt Committee) tocomplete the development andimplementation of the Lake Belt Plan.The major accomplishments included:(1) enacting the Lake Belt mitigationplan and fee on rockmining; (2) hiring aconsulting team to develop the Phase IIDetailed Master Plan; (3) continuing thestudies to enhance the protection of thewellfields in the Lake Belt Area; and, (4)incorporating the major features of theLake Belt Plan into the efforts to restorethe Everglades and provide for urbanwater needs.

Through the efforts of SenatorDiaz-Balart and RepresentativeVillalobos, agreement was reached on amitigation plan that included anappropriate mitigation fee per ton oflimestone products sold from the LakeBelt Area. This was incorporated intoHB 329, which was passed by thelegislature and signed by Governor JebBush. Other provisions of the lawmodified the boundary of the Lake BeltArea, added additional members to theLake Belt Committee to represent non-

mining landowners, required a blastingdisclosure notice, and directed theLake Belt Committee to consider amitigation plan for non-miningimpacts.

The South Florida RegionalPlanning Council hired a consultingteam to assist the Lake Belt Committeein developing the Phase II DetailedMaster Plan. Miami-Dade Countycontinued the studies necessary for the

EXECUTIVE SUMMARY development of an enhanced wellfieldprotection program for the Lake BeltArea. This analysis, along withinformation from other sources, will beused to develop the Phase II DetailedMaster Plan by December 31, 2000.

The Central and Southern FloridaProject Comprehensive Review Study(Restudy) was presented to Congress onJuly 1, 1999. The Restudy incorporatesmany of the main features of the LakeBelt Plan including the use of much ofthe mined areas as reservoirs.

During the year, the Lake BeltCommittee held twelve meetings andworkshops to develop the variouscomponents of the Phase II Plan. Onthe evening of September 23, 1999 apublic meeting was held to informlandowners within the Lake Belt Areaabout the recently adopted legislation,and the long-term planning effortsunderway, including the Lake Belt Planand Restudy. Newsletter-style updateson these topics in both English andSpanish were mailed to all landownerswithin the Lake Belt Area.

The following pages discuss theprogress of the Lake Belt Committee inimplementing the Lake Belt Plan andidentify the next steps andrecommendations for completing thePhase II Detailed Master Plan byDecember 31, 2000.

2 1999 PROGRESS REPORT

The Lake Belt Area is locatedbetween the Everglades and theurbanized areas of Miami-Dade County.The area provides half of the limestonemining resources used in the state everyyear, includes one of the largest drinkingwater wellfields in the state, and servesto buffer the Everglades from urbandevelopment. Approximately two-thirdsof the land within the Lake Belt Area isowned by the industry or governmentagencies.

In 1992, the Florida Legislaturecreated the Lake Belt Committee anddirected it to "develop a plan which: (a)enhances the water supply for DadeCounty and the Everglades; (b) maximizesefficient recovery of limestone whilepromoting the social and economicwelfare of the community and protectingthe environment, and (c) educates variousgroups and the general public of thebenefits of the plan." The Committee iscomposed of representatives fromgovernment agencies, the rock miningindustry, environmental organizations,and representatives for non-rock mininglandowners. SFWMD Governing Boardmember Gerardo Fernandez became thechairman of the Lake Belt Committee inearly 1999, replacing outgoing chairman,Bill Graham.

In February 1997 the Lake BeltCommittee published The Lake BeltPlan "Making a Whole, Not Just Holes". Itprovided a balance between theeconomic values of continued rockmining, the environmental values of thefreshwater wetlands, the rights ofindividual property owners, theprotection of municipal water supply,

and on-going federal, state and localefforts to restore the greater Evergladesecosystem. It established the overallenvironmental permitting framework tocreate a coordinated freshwater lakesystem to replace the unplannedcheckerboard mosaic of quarried lakesnow being created at a rate of 300 to400 acres per year. The Plan providedan opportunity for federal, state, andlocal governments to work inpartnership with the private sector toimplement a comprehensive plan forthe Lake Belt Area.

The Plan was approached in twophases. Phase I established the overallframework of the Plan and containedspecific recommendations concerning:

• specified areas for mining,mitigation, and additional analysis;

• strategy for streamlining thepermitting process for rock mining;

• dedicated funding mechanism formitigation;

• authorization for government -industry land exchanges;

• authorization for agencies to enterinto agreements to implement thePlan; and

• development of the Phase II DetailedMaster Plan.

As directed by the Legislature, theCommittee is currently developing thePhase II Detailed Master Plan to addressland use planning conflicts, analyzeadditional wellfield protection, andconsider the need to establish a landauthority to further implement the Plan.The Phase II Detailed Master Plan will becompleted by December 31, 2000.

BACKGROUND


SUMMARY OF 1999LAKE BELT LEGISLATION

comprehensive mitigation plan asrecommended in the Lake BeltCommittee’s 1998 Progress Report. Themost significant aspect of the mitigationplan is the establishment by the FloridaLegislature of a mitigation fee per ton on alllimestone sold from the Lake Belt Area.The fee began on October 1, 1999 at 5cents per ton and will increase annually by2.1% plus a cost growth index. The fee willbe charged on all materials commerciallymined, including those that are from areaspreviously permitted.

Proceeds from the mitigation fee willbe used to perform mitigation activities

Through the efforts of SenatorMario Diaz-Balart and RepresentativeAlex Villalobos, legislation to enact theLake Belt Mitigation Plan was approvedby the Legislature and signed into lawby Governor Jeb Bush on June 8, 1999.This will allow implementation of themajor components of the Phase I Plan.The key provisions of the law aresummarized below.

Mitigation Fee for MiningThe Legislature found that the impact

of mining within the Lake Belt Area couldbest be offset by the implementation of a

appropriate to offset the environmentalimpacts due to mining includingacquiring environmentally sensitivelands and restoring, managing, andmaintaining their natural functions.Mitigation must be consistent with therecommendations contained in thereports prepared by the Lake BeltCommittee for the Legislature andadopted under s. 373.4149, F.S.

On January 31, 2010, and every tenyears thereafter, the interagencycommittee responsible for overseeing themitigation shall submit a report to theLegislature recommending any neededadjustments to the mitigation fee toensure that the revenue generatedreflects the actual costs of mitigation.

Revisions to the Lake Belt BoundarySeveral non-rockmining areas were

deleted from the Lake Belt Area. Theseareas are portions of the "stairstep" areanorth of Okeechobee Road, the non-mining lands west of Krome Avenue, andlands adjacent to the HomesteadExtension of the Florida Turnpike in thesoutheast portion of the Lake Belt Area.The revised boundary is shown on theadjacent map. While these properties areno longer part of the Lake Belt Area, futureplanning will work to eliminate land useconflicts with the nearby rockmining.

Blasting Disclosure Notice RequiredEffective October 1, 1999, before the

sale, lease, or issuance of a developmentorder, all land owners in the Lake BeltArea or within two miles of the boundaryare required to submit a disclosure toMiami-Dade County that acknowledgesthe existence of limestone mining withexplosives in the proximity of theproperty. The County developed theform. Although Miami-Dade Countyordinances requiring disclosure oflimestone mining and use of explosiveshave been part of the County Code since1980, this legislation represents the firststatewide legislation and the firstlegislation with a serious penalty ifdisclosure requirements are not met.

Local Government Land UseAuthority Not Pre-empted

The legislation specifically statesthat the adoption of the Lake Belt Planby the Legislature does not precludenon-rockmining uses within the LakeBe l t A rea in l oca l gove rnment

AREAS ADDED

AREAS DELETED

1999 BOUNDARY


FEDERAL PERMITTINGOF MINING

Providing regulatory certainty and streamlining the permitting process arekey components of the Lake Belt Plan. The Florida Legislature recognized thiswhen it directed Miami-Dade County and the Florida Department ofEnvironmental Protection to work with the U. S. Army Corps of Engineers(USACE) to establish a general permit under section 404 of the Clean Water Actfor limestone mining within the Lake Belt Area consistent with the Lake BeltPlan. The USACE determined that issuance of general or long-term permits formining in the Lake Belt Area would require a Programmatic EnvironmentalImpact Statement (PEIS).

The draft PEIS was released in February 1999 and included studiesaddressing hydrological modeling, water quality, vegetation and soils mappingand analysis, wildlife, and land use. The PEIS incorporated the studiesperformed for the Lake Belt Committee as well as additional work done by aspecial Issue Advisory Team.

The information included in the PEIS provides a framework for futurerestoration and mining initiatives. With this analysis the decisions regardingpermitting and restoration activities can be made with regard to the cumulativeimpacts rather than continue to be made on a case-by–case basis. Thisapproach provides the best balance of mining, environmental restoration, andregional water management and supply for the area.

Over 30 agencies and organizations provided comments. The final PEIS isscheduled to be issued in January 2000. Once this process is complete, theUSACE will be able to issue long-term permits for limestone mining within theLake Belt Area.

Through the issuance of permits, the USACE will accomplish finalimplementation of the agreed upon mitigation approach. Should the USACE notissue permits by September 30, 2000 which are consistent with the Lake Beltprovisions in state statute and the Lake Belt Plan accepted by the legislatureduring the 1997 legislative session then the mitigation fee will be suspendeduntil re-adopted by the Legislature.

SUMMARY (CONT.)comprehensive plans or zoning. Itdoes require the County to stronglyconsider limestone-mining activitieswithin the Lake Belt Area whenconsidering amendments tocomprehensive plans and other localregulations. Land use amendments forlands within one mile of limestoneoperations are to be compatible withrock mining activities.

Phase II Lake Belt PlanExpanded

Analysis of the hydrologicimpacts resulting from futuremining was added as a requirementof the Phase II Plan. Mitigationmeasures, if needed, will berecommended at that time forinclusion in the Lake BeltMitigation Plan.

Common Mitigation Plan forNon-Mining Impacts To BeConsidered

The Legislature directed theLake Belt Committee to considerthe feasibility of a commonmitigation plan for the impactsresulting from non-rockmininguses. The idea is to determinewhether a common mitigation plancould simplify the permittingprocess and be better for theenvironment. Any proposed non-rockmining mitigation fee wouldonly be used to offset the loss ofwetland functions and not as arevenue source for other purposes.Recommendations will be includedin the Phase II Plan

Addition of Three Non-MiningRepresentatives

The legislation added threenon-rockmining landownerrepresentatives to the Lake BeltCommittee so that the non-rockmining voting representationwould equal the rockmining interests.In filling these vacancies, the LakeBelt Committee sought individuals torepresent the various geographicalareas within the Lake Belt Area aswell as the different types ofownership (such as small farm, largeland holding, and commercial).

Committee Sunset Extended UntilJanuary 1, 2002

While the Lake Belt Committee’sprimary work product will be completed byDecember 31, 2000, the additional year willallow time to work on implementing thePhase II Plan.

Land SwapsEfforts continued to implement

those components of the Lake BeltMitigation Plan that did not requirelegislative action. One such importantcomponent is for the rock miningindustry and government agencies toexchange land holdings to provide formining and wetland preservation tooccur in the most appropriate locations.As identified in the Phase I Plan, miningis not appropriate in the Pennsuco

wetlands. The SFWMD began the processto acquire the lands owned by rockmining firms within the Pennsucowetlands. Appraisals were prepared onover 3,700 acres of land owned by rockmining firms in this area and offers arebeing made to acquire the lands. Severalof the companies involved identifiedspecific parcels of lands owned by thestate that they would wish to mine on aroyalty basis. The requests were presentedat the September Lake Belt Committeeworkshop to allow the Florida Departmentof Environmental Protection to obtaincomments. The public acquisition of rockmining lands in the Pennsuco wetlands andthe leasing of state owned lands in areassuitable for mining when taken togetheraccomplish the "land swaps" authorized inthe Phase I Plan.

WELLFIELD PROTECTIONMiami-Dade County continued

investigating the adequacy of its existingwellfield protection program in protectingwellfields from potential impacts from lakeexcavations. The County, the SFWMD andthe rock mining coalition are jointlyfunding a contaminant investigation beingundertaken by the Miami-Dade CountyDepartment of Environmental ResourcesManagement (DERM).

Based upon the results from thepreliminary tracer tests, DERM iscompleting the full-scale tracer study.Using the results from the tracer study,they will perform contaminanttransport modeling to evaluate howfuture hydrogeologic changes affectgroundwater velocity.

By June 2000, DERM will completea comprehensive review of existingwellfield protection provisions to assessadequacy for continued protection into

the future and propose amendments tothe County’s wellfield protectionregulations. Items to be reviewedinclude:

• Contaminant transportcharacteristics reflected in thetracer study;


• Changes in groundwater flow causedby removal of aquifer material;

• Identification of best managementpractices for handling fuels,lubricants and other hazardousmaterials;

• Identification of best managementpractices for avoiding water qualityimpacts from herbicide usage andany other control measures forundesirable plant species (aquatic,wetland and upland);

• Identification of best managementpractices for avoiding impacts fromother future pesticide use (such asfish population management in lakes);

• Definition of what is a bona fiderockmining use that is exempt fromthe hazardous materials prohibitionsin the county’s wellfield protectionprogram.

• Control of access to the watershedto prevent dumping;

• Identification of appropriate setbackdistances between wellheadlocations and littoral areas forencouraging wildlife habitat;

• Requirements for constructingberms to exclude runoff from lakes;

• Identification of options for reducingground and surface waterinteraction on lake shorelines thatare closest to wells;

• Identification of appropriaterecreational uses and their locationswithin the wellfield protection area;

• Monitoring of ambient ground andsurface water quality; and,

• Identification of appropriaterehabilitation actions that could betaken by the Miami Dade Water andSewer Department to assure that thesource of water supply isgroundwater and not surface water.


Work on a detailed master plan forthe Lake Belt Area accelerated during1999. Using the statement of workdeveloped by the Lake Belt Committee,the South Florida Regional PlanningCouncil hired a consulting team toprepare the Phase II Detailed MasterPlan. The firm of Wallace, Roberts, andTodd heads the team which alsoincludes EAS Engineering and JGR +Associates.

While future land uses are to begenerally consistent with the MiamiDade County ComprehensiveDevelopment Master Plan, wellfieldprotection, and other regulations, it isimportant to develop long term policiesto eliminate the potential for futureland uses and zoning changes thatwould conflict with these goals. Thefollowing are the major components ofthe detailed master plan:

• Land use plan that considers habitatareas, recreation areas, and otherland uses;

• Mining phasing plan that considersblasting restrictions, conflicts withother existing land uses, potentialtransition areas, and accommodatesland swaps;

• Mitigation program that considersregional ecosystem considerations,habitat objectives, management plansfor Pennsuco and other wetlands,design criteria for lake littoral areas,and identification of special features,such as rookeries;

• Restudy considerations includingregional seepage management, waterstorage, flood protection, andidentification of new or modifiedfacilities;

• Lake design including recreationalaccess and use, ecologicalproductivity, wellfield protection,regional water managementconsiderations;

• Wellhead protection program thatconsiders access, perimeter security,and use restrictions;

• Land ownership andmanagement program thatconsiders institutional andfinancial requirements, landswaps, and private propertyrights; and

• Recreational use plan thataddresses types of recreation,ownership, access and security.

Environmental

Mining

Other Existing Land Uses,Rock Mining notRecommended

Water Management

Permit for Mining, no newactivity for five years

Permit for Mining, no newactivity for three years

Mining allowable in fiveyears unless needed forEverglades Restoration (no permit at this time)

Suitable for Rock Mining andother Existing Land Uses

Environmental/WaterManagement

Other Existing LandUses/Water Management

Areas of Disagreement

FP&L Power Lines / Rights of Way

Existing Roads

Levee


NON-MINING ISSUESDuring 1999 the Lake Belt Committee held several workshop sessions to develop

options for an affordable mitigation plan for non-mining impacts consistent withfederal, state, and local regulations. The options identified to date are listed below:

POTENTIAL NON-MINING MITIGATION PLAN OPTIONS

Can be Done Under Existing Laws• Environmental easements • Include mitigation within mortgage• Create combined mitigation sites• Mitigate on-site

Can be Done Under Existing Laws But Requires Additional Approval• Create Special Taxing District to pay for "standard" wetland impacts• Include lands in Urban Services Boundary and increase density to uses that could

afford to pay for mitigation (pass-through)

Requires Additional Legislation• New political regulations for wetlands in Lake Belt Area to minimize or eliminate

mitigation obligation• Special Assessment on mining to buy non-mining lands• Special Assessment on mining to pay for non-mining mitigation• Request legislature to make specific appropriation to establish a revolving fund for

non-mining landowners to pay up-front costs of mitigation.

Concerns OverUse Of Explosives

Without the use ofexplosives, limestone mining isimpossible. Since June 1999,several Miami-Dade Countyordinances and statewidelegislation have been proposedwhich would very substantiallylimit blasting frequency andintensity in the Lake Belt.Currently, Miami-Dade Countyhas the lowest blasting intensitylevel in the country.

Given the necessity ofblasting to the LimestoneIndustry, the relatively low levelof blasting intensity, the longhistory of blasting in the area andthe potential jeopardy substantialblasting limitations wouldpropose to the Lake Belt project, itis essential that the Lake BeltCommittee work with theLimestone Industry to develop aneffective plan for the use ofexplosives within the County.Although permitting is an annualprocess which renders absolutecertainty of permitting impossible,the Limestone Industry must havesome reasonable expectation thatthe use of explosives at reasonableintensity and frequency willcontinue in order for limestonemining to remain the besteconomic use of its property withinthe Lake Belt.

Toward the goal of reaching areasonable compromise on theuse of explosives, the LimestoneIndustry is participating in a TaskForce to study blasting in Miami-Dade County formed under theauthority of a Miami-Dade CountyResolution in June 1999. The TaskForce is comprised of: Miami-DadeCounty staff and officials,representatives of citizens living inclose proximity to mining activitiesand industry representatives. TheTask Force is required to reportback to the Miami-Dade CountyCommission before May 30, 2000with comprehensive findings andrecommendations relating to theuse of explosives in limestonemining.


RESTUDYThe Central and Southern Florida

(C&SF) Project is a multi-purposewater resources project that providesthe backbone of the water managementstructure in south Florida. It includesthe primary levee and canal system.For the past fifty years, the project hasprovided flood control, water supply formunicipal, industrial, and agriculturaluses, prevention of salt-water intrusion,water supply for Everglades NationalPark, and protection of fish and wildliferesources. While performing itsintended functions well, the C&SFProject has had unintended negativeeffects on the natural system. TheC&SF Project Comprehensive ReviewStudy, or Restudy, was presented to theU.S. Congress on July 1. It outlines theoverall blueprint to restore the naturalsystem, including the Everglades, bynearly doubling the amount of storageavailable for south Florida's regionalfresh water supplies. The plan calls fora series of C&SF Project improvementsto be built over more than 20 years tocapture much of the fresh water thatnow flows unused to the ocean or gulfand deliver it when and where it isneeded. It will help to ensure adequatesupplies for the natural system as wellas cities and agriculture in the 16-county region of southern Floridathrough 2050. An interagency teamheaded by the U.S. Army Corps ofEngineers and the District developedthe overall plan, which is expected tocost approximately $7.8 billion.

The Lake Belt Area will play animportant role in water storage andmanagement for restoration of theEverglades as part of the Restudy.

Several major reservoirs are planned inthe Lake Belt Area, as mining iscompleted. The initial design of thesereservoirs includes subterraneanseepage barriers around their perimeterto allow water level fluctuation duringdry periods without impactingsurrounding ground water. Pilotprojects are included in the plan todetermine construction technologies,storage efficiencies, impacts on localhydrology, and water quality effectswithin the Lake Belt area. Water qualityassessments will include a determinationas to whether the in-ground reservoirsand seepage barriers will allow for storageof untreated waters without concerns ofgroundwater contamination.

During the development of thePhase II Master Plan, revisions to thewater control/seepage features, wellfieldprotection measures, and littoralwetland design will be analyzed in orderto integrate with the Restudy’s overalldesign.

The Lake Belt Areawill play animportant role inwater storage andmanagement forrestoration of theEverglades as partof the Restudy.

FALLFALL WINTER SPRING SUMMER-FALL

3.•

ANALYSISAssess the “givens”(Technical parameters/policy options)

TASK SERIES1 & 2 COMPLETED

4.•

ALTERNATIVESPose alternativesolutions

5.•

PREFERRED CONCEPTEvaluate alternatives(Criteria to be determined)

6. DETAILEDMASTER PLANPREPARATION

1999 2000

SEEPAGE CRITERIAHYDROLOGIC IMPACTS

RESTUDY COMPONENTS

WELLHEAD PROTECTION

MITIGATION NEEDS

BIOLOGICAL ENHANCEMENTOPPORTUNITIES

MINING OWNERSHIPS& PHASING

NON-MININGINTERESTS

LAKE CONFIGURATION ACCEPTABLE LEVELSOF RISK• SEEPAGE/ HYDROLOGIC IMPACTS• WELLHEAD PROTECTIONRESERVOIRS/

ALTERNATIVES

LAND USE & ACCESSRESTRICTIONS

LAKE & LITORAL ZONEDESIGN APPROACHES

LAND USE SCENARIOS • UDB • CDMP/ZONING

FPL FACILITIES& NEEDS

RECREATIONOPPORTUNITIES

PHASING SCENARIOS

ACCESS & RECREATIONALUSE SCENARIOS

RELATED STUDIES

MITIGATION VALUE

BIOLOGICALVALUE

ECONOMIC(MINING) IMPACTS

SOCIOECONOMIC(NON-MINING)

IMPACTS

FLEXIBILITY FORRESTUDY ACCOMMODATION

WELLFIELD PROTECTION • BLASTING TASK FORCE • WPA FEASIBILITY STUDY

MASTER PLAN



ACTION STEPS AND RECOMMENDATIONS

state, and local requirements.

• Issuance of long-term miningpermits by the U. S. Army Corpsof Engineers consistent with statestatute and the Lake Belt Plan bySeptember 30, 2000.

• Incorporation of the findings fromthe County's Blasting Task Forceinto the the Phase II Plan.

• Leasing of appropriate state ownedlands within the Lake Belt Area torock mining firms for mining on aroyalty basis.

• Acquisition of all lands owned byrock mining firms within thePennsuco wetlands at appraisedvalue by the South Florida WaterManagement District for use as partof the Lake Belt Mitigation Plan.

• Appropriate resolution to thenotification and disclosure issueraised by the landowners withintwo miles of the Lake Belt Area.

• Recommend to the Legislaturethat they add two members to theCommittee to represent non-mining landowners outside theLake Belt Area if the Legislaturedoes not repeal the disclosurerequirement.

The continued development andimplementation of the Lake Belt Planwill require action by the Lake BeltCommittee and the individual agenciesand organizations that serve on theLake Belt Committee. The mostimportant action steps that remain tobe taken include the following.

• Completion of the Phase II DetailedMaster Plan by December 31, 2000.

• Incorporation of analysis of thehydrologic impacts resulting fromfuture mining into the Phase IIDetailed Master Plan and inclusionof recommended mitigationmeasures into the Lake BeltMitigation Plan.

• Incorporation of the findings fromthe county’s wellfield protectionstudy into the Phase II Plan.

• Refinement of the Restudycomponents located within theLake Belt Area during thesubsequent phases of the Restudyand Water Preserve Areas projectsto increase their overall benefitsand cost-effectiveness.

• Development of an overallmitigation plan for non-rockmining impacts within the LakeBelt Area consistent with federal,


373.4149 Dade County Lake Belt Plan.—(1) The Legislature hereby accepts and

adopts the recommendations contained in thePhase I Lake Belt Report and Plan, known as the"Miami-Dade County Lake Plan," dated February1997 and submitted by the Miami-Dade CountyLake Belt Plan Implementation Committee.

(2)(a) The Legislature recognizes thatdeposits of limestone and sand suitable forproduction of construction aggregates, cement,and road base materials are located in limitedareas of the state.

(b) The Legislature recognizes that thedeposit of limestone available in South Florida islimited due to urbanization to the east and theEverglades to the west.

(3) The Miami-Dade County Lake Belt Areais that area bounded by the Florida Turnpike to theeast, the Miami-Dade-Broward County line to thenorth, Krome Avenue to the west and Tamiami Trailto the south together with the land south ofTamiami Trail in sections 5, 6, 7, 8, 17, and 18,Township 54 South, Range 39 East, sections 24, 25,and 36, Township 54 South, Range 38 East lessthose portions of section 10, except the west one-half, section 11, except the northeast one-quarterand the east one-half of the northwest one-quarter,and tracts 38 through 41, and tracts 49 through 64inclusive, section 13, except tracts 17 through 35and tracts 46 through 48, and section 14, except thewest three quarters, Township 52 South, Range 39East, lying north of the Miami Canal, sections 35and 36 and the east one-half of sections 24 and 25,Township 53 South, Range 39 East andGovernment Lots 1 and 2, lying between Townships53 and 54 South, Range 39 East and those portionsof sections 1 and 2, Township 54 South, Range 39East, lying north of Tamiami Trail.

(4) The identification of the Miami-DadeCounty Lake Belt Area shall not preempt local landuse jurisdiction, planning, or regulatory authority inregard to the use of land by private land owners.When amending local comprehensive plans, orimplementing zoning regulations, developmentregulations, or other local regulations, Miami-DadeCounty shall strongly consider limestone miningactivities and ancillary operations, such as lakeexcavation, including use of explosives, rockprocessing, cement, concrete and asphalt productsmanufacturing, and ancillary activities, within therock mining supported and allowable areas of theMiami-Dade County Lake Plan adopted by subsection(1); provided, however, that limerock miningactivities are consistent with wellfield protection.Rezonings or amendments to local comprehensiveplans concerning properties that are located within 1mile of the Miami-Dade Lake Belt Area shall becompatible with limestone mining activities. Norezonings, variances, or amendments to localcomprehensive plans for any residential purpose maybe approved for any property located in sections 35and 36 and the east one-half of sections 24 and 25,Township 53 South, Range 39 East until such time asthere is no active mining within 2 miles of theproperty. This section does not preclude residentialdevelopment that complies with current regulations.

(5) Beginning October 1, 1999, before thesale, lease, or the issuance of a development order,including the approval of a change in land usedesignation or zoning, for any real property locatedinside the Miami-Dade Lake Belt Area or within 2miles of the boundary of the Miami-Dade Lake

Belt Area, the entity holding title to the real

property is required to submit a written affidavit ofdisclosure to Miami-Dade County in a formprescribed by the county that is suitable for recording:

(a) Acknowledging the existence oflimestone mining activities involving the use ofexplosives within close proximity of the realproperty proposed to be sold, leased, used, ordeveloped;

(b) Agreeing to provide copies of the affidavitof disclosure to all subsequent parties to whomwhole or part interest in the real property istransferred, by sale, lease, or any other means;and

(c) Acknowledging potential civil liability, aswell as fines and penalties that could result fromfailure to provide disclosure under this section.Failure to substantially comply with the provisionsof this subsection makes the sale of the realproperty or interest therein voidable at thepurchaser's option for a period of 7 years from thedate of the affidavit of disclosure.

(6) The Miami-Dade County Lake Belt PlanImplementation Committee shall be appointed bythe governing board of the South Florida WaterManagement District to develop a strategy for thedesign and implementation of the Miami-DadeCounty Lake Belt Plan. The committee shall consistof the chair of the governing board of the SouthFlorida Water Management District, who shall serveas chair of the committee, the policy director ofEnvironmental and Growth Management in theoffice of the Governor, the secretary of theDepartment of Environmental Protection, thedirector of the Division of Water Facilities or itssuccessor division within the Department ofEnvironmental Protection, the director of the Officeof Tourism, Trade, and Economic Developmentwithin the office of the Governor, the secretary ofthe Department of Community Affairs, theexecutive director of the Game and Freshwater FishCommission, the director of the Department ofEnvironmental Resource Management of Miami-Dade County, the director of the Miami-DadeCounty Water and Sewer Department, the Directorof Planning in Miami-Dade County, a representativeof the Friends of the Everglades, a representative ofthe Florida Audubon Society, a representative of theFlorida chapter of the Sierra Club, fourrepresentatives of the nonmining privatelandowners within the Miami-Dade County LakeBelt Area, and four representatives from thelimestone mining industry to be appointed by thegoverning board of the South Florida WaterManagement District. Two ex officio seats on thecommittee will be filled by one member of theFlorida House of Representatives to be selected bythe Speaker of the House of Representatives fromamong representatives whose districts, or someportion of whose districts, are included within thegeographical scope of the committee as described insubsection (3), and one member of the FloridaSenate to be selected by the President of the Senatefrom among senators whose districts, or someportion of whose districts, are included within thegeographical scope of the committee as described insubsection (3). The committee may appoint otherex officio members, as needed, by a majority vote ofall committee members. A committee member maydesignate in writing an alternate member who, inthe member's absence, may participate and vote incommittee meetings.

(7) The committee shall develop Phase II ofthe Lake Belt Plan which shall:

(a) Include a detailed master plan to furtherimplementation;

(b) Consider the feasibility of a commonmitigation plan for nonrock mining uses, includinga nonrock mining mitigation fee. Any mitigationfee shall be for the limited purpose of offsetting theloss of wetland functions and values and not as arevenue source for other purposes.

(c) Further address compatible land uses,opportunities, and potential conflicts;

(d) Provide for additional wellfieldprotection;

(e) Provide measures to prevent thereclassification of the Northwest Miami-DadeCounty wells as groundwater under the directinfluence of surface water;

(f) Secure additional funding sources; (g) Consider the need to establish a land

authority; and (h) Analyze the hydrological impacts resulting

from the future mining included in the Lake Belt Planand recommend appropriate mitigation measures, ifneeded, to be incorporated into the Lake BeltMitigation Plan.

(8) The committee shall remain in effect untilJanuary 1, 2002, and shall meet as deemed necessaryby the chair. The committee shall monitor and directprogress toward developing and implementing theplan. The committee shall submit progress reports tothe governing board of the South Florida WaterManagement District and the Legislature byDecember 31 of each year. These reports shall includea summary of the activities of the committee, updateson all ongoing studies, any other relevant informationgathered during the calendar year, and the committeerecommendations for legislative and regulatoryrevisions. The committee shall submit a Phase IIreport and plan to the governing board of the SouthFlorida Water Management District and theLegislature by December 31, 2000, to supplement thePhase I report submitted on February 28, 1997. ThePhase II report must include the detailed master planfor the Miami-Dade County Lake Belt Area togetherwith the final reports on all studies, the finalrecommendations of the committee, the status ofimplementation of Phase I recommendations andother relevant information, and the committee'srecommendation for legislative and regulatoryrevisions.

(9) The committee shall report to thegoverning board of the South Florida WaterManagement District semiannually.

(10) In carrying out its work, the committeeshall solicit comments from scientific andeconomic advisors and governmental, public, andprivate interests. The committee shall providemeeting notes, reports, and the strategy documentin a timely manner for public comment.

(11) The committee is authorized to seek fromthe agencies or entities represented on thecommittee any grants or funds necessary to enable itto carry out its charge.

(12) The secretary of the Department ofEnvironmental Protection, the secretary of theDepartment of Community Affairs, the secretary ofthe Department of Transportation, theCommissioner of Agriculture, the executivedirector of the 2Game and Freshwater FishCommission, and the executive director of the SouthFlorida Water Management District may enter intoagreements with landowners, developers,businesses, industries, individuals, andgovernmental agencies as necessary to effectuate theprovisions of this section.

(13)(a) All agencies of the state shall reviewthe status of their landholdings within theboundaries of the Miami-Dade County Lake Belt.Those lands for which no present or future use isidentified must be made available, together with

CURRENTLY ENACTED LAKE BELT LEGISLATION

other suitable lands, to the committee for its usein carrying out the objectives of this act.

(b) It is the intent of the Legislature thatlands provided to the committee be used for landexchanges to further the objectives of this act.

History.--s. 21, ch. 92-132; s. 5, ch. 94-122; s.1010, ch. 95-148; s. 10, ch. 97-222; s. 1, ch. 99-298.(footnotes omitted)

73.41492 Miami-Dade County Lake BeltMitigation Plan; mitigation for mining activitieswithin the Miami-Dade County Lake Belt.--

(1) The Legislature finds that the impact ofmining within the rock mining supported andallowable areas of the Miami-Dade County LakePlan adopted by s. 373.4149(1) can best be offsetby the implementation of a comprehensivemitigation plan as recommended in the 1998Progress Report to the Florida Legislature by theMiami-Dade County Lake Belt PlanImplementation Committee. The Lake BeltMitigation Plan consists of those provisionscontained in subsections (2)-(9). The per-tonmitigation fee assessed on limestone sold from theMiami-Dade County Lake Belt Area and sections10, 11, 13, 14, Township 52 South, Range 39 East,and sections 24, 25, 35, and 36, Township 53South, Range 39 East, shall be used for acquiringenvironmentally sensitive lands and forrestoration, maintenance, and otherenvironmental purposes. It is the intent of theLegislature that the per-ton mitigation fee shallnot be a revenue source for purposes other thanenumerated herein. Further, the Legislature findsthat the public benefit of a sustainable supply oflimestone construction materials for public andprivate projects requires a coordinated approachto permitting activities on wetlands within Miami-Dade County in order to provide the certaintynecessary to encourage substantial and continuedinvestment in the limestone processing plant andequipment required to efficiently extract thelimestone resource. It is the intent of theLegislature that the Lake Belt Mitigation Plansatisfy all local, state, and federal requirements formining activity within the rock mining supportedand allowable areas.

(2) To provide for the mitigation of wetlandresources lost to mining activities within theMiami-Dade County Lake Belt Plan, effectiveOctober 1, 1999, a mitigation fee is imposed oneach ton of limerock and sand extracted by anyperson who engages in the business of extractinglimerock or sand from within the Miami-DadeCounty Lake Belt Area and sections 10, 11, 13, 14,Township 52 South, Range 39 East, and sections24, 25, 35, and 36, Township 53 South, Range 39East. The mitigation fee is at the rate of 5 cents foreach ton of limerock and sand sold from withinthe properties where the fee applies in raw,processed, or manufactured form, including, butnot limited to, sized aggregate, asphalt, cement,concrete, and other limerock and concreteproducts. Any limerock or sand that is used withinthe mine from which the limerock or sand isextracted is exempt from the fee. The amount ofthe mitigation fee imposed under this sectionmust be stated separately on the invoice providedto the purchaser of the limerock or sand productfrom the limerock or sand miner, or its subsidiaryor affiliate, for which the mitigation fee applies.The limerock or sand miner, or its subsidiary oraffiliate, who sells the limerock or sand productshall collect the mitigation fee and forward theproceeds of the fee to the Department of Revenueon or before the 20th day of the month followingthe calendar month in which the sale occurs.

(3) The mitigation fee imposed by this sectionmust be reported to the Department of Revenue.Payment of the mitigation fee must beaccompanied by a form prescribed by the

Department of Revenue. The proceeds of the fee,less administrative costs, must be transferred bythe Department of Revenue to the South FloridaWater Management District and deposited into theLake Belt Mitigation Trust Fund. As used in thissection, the term "proceeds of the fee" means allfunds collected and received by the Department ofRevenue under this section, including interest andpenalties on delinquent mitigation fees. Theamount deducted for administrative costs may notexceed 3 percent of the total revenues collectedunder this section and may equal only thoseadministrative costs reasonably attributable to themitigation fee.

(4)(a) The Department of Revenue shalladminister, collect, and enforce the mitigation feeauthorized under this section in accordance withthe procedures used to administer, collect, andenforce the general sales tax imposed under chapter212. The provisions of chapter 212 with respect tothe authority of the Department of Revenue to auditand make assessments, the keeping of books andrecords, and the interest and penalties imposed ondelinquent fees apply to this section. The fee maynot be included in computing estimated taxes unders. 212.11, and the dealer's credit for collecting taxesor fees provided for in s. 212.12 does not apply tothe mitigation fee imposed by this section.

(b) In administering this section, theDepartment of Revenue may employ persons andincur expenses for which funds are appropriatedby the Legislature. The Department of Revenueshall adopt rules and prescribe and publish formsnecessary to administer this section. TheDepartment of Revenue shall establish auditprocedures and may assess delinquent fees.

(5) Beginning January 1, 2001, and eachJanuary 1 thereafter, the per-ton mitigation feeshall be increased by 2.1 percentage points, plus acost growth index. The cost growth index shall bethe percentage change in the weighted average ofthe Employment Cost Index for All CivilianWorkers (ecu 10001I), issued by the United StatesDepartment of Labor for the most recent 12-month period ending on September 30, and thepercentage change in the Producer Price Index forAll Commodities (WPU 00000000), issued by theUnited States Department of Labor for the mostrecent 12-month period ending on September 30,compared to the weighted average of these indicesfor the previous year. The weighted average shallbe calculated as 0.6 times the percentage changein the Employment Cost Index for All CivilianWorkers (ecu 10001I), plus 0.4 times thepercentage change in the Producer Price Index forAll Commodities (WPU 00000000). If either indexis discontinued, it shall be replaced by itssuccessor index, as identified by the United StatesDepartment of Labor.

(6)(a) The proceeds of the mitigation feemust be used to conduct mitigation activities thatare appropriate to offset the loss of the value andfunctions of wetlands as a result of miningactivities and must be used in a mannerconsistent with the recommendations containedin the reports submitted to the Legislature by theMiami-Dade County Lake Belt Plan

Implementation Committee and adopted under s.373.4149. Such mitigation may include thepurchase, enhancement, restoration, andmanagement of wetlands and uplands, thepurchase of mitigation credit from a permittedmitigation bank, and any structural modificationsto the existing drainage system to enhance thehydrology of the Miami-Dade County Lake BeltArea. Funds may also be used to reimburse otherfunding sources, including the Save Our RiversLand Acquisition Program and the InternalImprovement Trust Fund, for the purchase oflands that were acquired in areas appropriate formitigation due to rock mining and to reimbursegovernmental agencies that exchanged land unders. 373.4149 for mitigation due to rockmining.

(b) Expenditures must be approved by aninteragency committee consisting ofrepresentatives from each of the following: theMiami-Dade County Department ofEnvironmental Resource Management, theDepartment of Environmental Protection, theSouth Florida Water Management District, and theGame and Fresh Water Fish Commission. Inaddition, the limerock mining industry shall selecta representative to serve as a nonvoting memberof the interagency committee. At the discretion ofthe committee, additional members may be addedto represent federal regulatory, environmental,and fish and wildlife agencies.

(7) Payment of the fee imposed by thissection satisfies the mitigation requirementsimposed under ss. 373.403-373.439 and anyapplicable county ordinance for loss of the valueand functions from mining of the wetlandsidentified as rockmining supported and allowableareas of the Miami-Dade County Lake Plan adoptedby s. 373.4149(1). In addition, it is the intent of theLegislature that the payment of the mitigation feeimposed by this section satisfy all federal mitigationrequirements for the wetlands mined.

(8) If a general permit by the United StatesArmy Corps of Engineers, or an appropriate long-term permit for mining, consistent with theMiami-Dade County Lake Belt Plan, this section,and ss. 373.4149, 373.4415, and 378.4115 is notissued on or before September 30, 2000, the feeimposed by this section is suspended until revivedby the Legislature.

(9)(a) The interagency committeeestablished in this section shall annually prepareand submit to the governing board of the SouthFlorida Water Management District a reportevaluating the mitigation costs and revenuesgenerated by the mitigation fee.

(b) No sooner than January 31, 2010, andno more frequently than every 10 years thereafter,the interagency committee shall submit to theLegislature a report recommending any neededadjustments to the mitigation fee to ensure thatthe revenue generated reflects the actual costs ofthe mitigation.

History.--s. 2, ch. 99-298.

Sections 373.414, 373.4415 and 378.4115not substantially changed.

1999 PROGRESS REPORT 13

The SFWMD is supporting a website for the Lake Belt as part of its website at www.sfwmd.gov.The SFWMD website contains extensive information about the SFWMD and its on-goingactivities. The Lake Belt website is www.sfwmd.gov/org/pld/proj/lakebelt The Lake Belt websiteprovides information on the Lake Belt Plan and Committee activities.

This publication was produced by the SFWMD Visual Communications Division.In an effort to protect and preserve our natural resources, this entire publication has been printedon recycled paper. When finished reading the material, please pass the document along to someoneelse, or take it to a recycling drop-off station.

Documents

LAKE BELT PLAN IMPLEMENTATION · 2016-10-16 · mining in the Lake Belt Area would require a Programmatic Environmental Impact Statement (PEIS). The draft PEIS was released in February