Tag Archives: Special Exception

Judge tosses Sand Mine Exception because Levy County Commissioners violated their own rules 2024-09-18

A judge today quashed the Special Exception the Levy County BOCC approved for the 3RT Sand Mine.

Craig C. DeThomasis, Florida Eight Judicial Circuit Court Judge, ruled that the county failed several ways to provide notices required by law for hearings and appeal requirements, and failed to do at least two kinds of required studies: traffic and wildlife.

[Florida Judge Quashes 2024-09-18 Levy County 3RT Sand Mine: Lack of Public Notices & Lack of required studies]
Florida Judge Quashes 2024-09-18 Levy County 3RT Sand Mine: Lack of Public Notices & Lack of required studies

This does not mean it’s all over. It does mean the applicant has to start the whole process over, and this time the county has to follow state law and its own procedures. Meanwhile, the opposition is still organized and ready.

The judge did not consider that the mine is in the springshed of Rainbow Springs nor that SWFWMD in issuing an ERP did not consider its own Rainbow Springs BMAP.

The judge noted: Continue reading

Levy County sand mine proposal tabled until February 6 2023-12-05

Update 2024-01-16: SWFWMD ERP 43046299.000 for 3RT Sand Mine, Levy County, FL 2023-04-19.

According to local citizens and WCJB 20 ABC TV, yesterday the Levy County Commission failed to decide on the proposed special exception, even though the meeting went on for more than six hours.

[Levy County Commission failed to decide if sand mine trucks could head for cows]
Levy County Commission failed to decide if sand mine trucks could head for cows

This is about the proposed Special Exception for the 3RT Sand Mine.

Next it will be back at the Levy County Board of County Commissioners, 9 AM, Tuesday, February 6, 2024, in the Levy County Government Center Auditorium, 310 School Street, Bronson, FL 32621.

Meanwhile, you can still Continue reading

Sand Mine Special Exception Levy County Commission 2023-12-05

Update 2024-01-15: Meeting: Outstanding Florida Springs Basin Management Plans 2024-01-23.

It’s back: the proposed Special Exception for the 3RT Sand Mine.

This time it will be at the Levy County Board of County Commissioners, 9 AM, Tuesday, December 5, 2023, in the Levy County Government Center Auditorium, 310 School Street, Bronson, FL 32621.

[Cows, mining trucks, and Public Notice]
Cows, mining trucks, and Public Notice

Meanwhile, you can still sign on to this change.org opposition petition by Kim Wheeler:
https://www.change.org/p/no-special-exceptions-for-mining-in-rural-neighborhoods

And you can send written comments up to five days before the Public Hearing; see below.

The mine site is still in the springshed of Rainbow Springs.

You may not think that these are enough: Continue reading

Levy county sand mine petition 2023-08-11

Update 2023-11-07: Sand Mine Special Exception at Levy County Commission 2023-12-05.

Follow this link for the petition:

https://chng.it/kNchfFP5Kn

[Mining trucks and cows]
Mining trucks and cows

NO Special Exceptions for Mining in Rural Neighborhoods,

Started August 11, 2023, by Kim Wheeler

Why this petition matters

Currently, Levy County allows major mining in Agricultural/Rural Residential and Forestry/Rural Residential zoned areas of the county by ‘Special Exception’, which is a lengthy and cumbersome process for the county, and a great problem for the rural residents that might be impacted by such mining and the resulting traffic generated. Therefore, we are requesting that the major mining use no longer be allowed in Ag/RR and F/RR areas of the county. Existing mines would be ‘grandfathered’ in, but no new mines allowed. Mines would still be allowed in Industrial zoned areas. There are some 12-15 mines in the county now.

Hazards presented by mining include Continue reading

Draft Conditions from the Planning Commission to the BoCC on SE 23-01 3RT Sand Mine, Levy County, FL 2023-07-20

Update 2023-08-14: Levy county sand mine petition 2023-08-11.

The Levy County Commission is meeting tomorrow morning, Tuesday, July 25, 2023, at 9 AM. It’s always good to show up and be seen, maybe say a few words, even if your item of interest is not on the agenda. Or contact your Commissioner via telephone or email.

There will be no decision about the 3RT Sand Mine tomorrow. The agenda includes:

16. PUBLIC HEARING: Requesting the Levy County Board of County Commissioners grant the request for continuation by applicant for PETITION NO SE 23-01: Ryan Thomas for 3RT Sand Mine. Requesting a Special Exception for a major mining operation pursuant to Sec. 50-719; Mining and excavation of minerals, or natural resources, and site reclamation of the Levy County Land Development Code to allow a sand mine (no blasting) on approximately 1,100 acres (includes mine property and access to CR 337) of land located in Section 35, Township 12 S, Range 17 E, Levy County Florida. These parcels are located in Agriculture/Rural Residential (A/RR) Land Use and Zoning district. Parcel Number(s) 0359701600, 0359700400, 0359700000, 0359700300, 0360400600, 0360400000, 036040040B, 036040040A, 0360400400, 0360400500, 0360600500, 0360600300, 0360600000, 0359400000, and 0359200000.The applicant has requested a continuation to a date uncertain to evaluate the Planning Commission conditions with his project. This item will be continued.

[All 22 draft conditions]
All 22 draft conditions

These appear to be the 22 draft conditions from the Levy County Planning Commission about the proposed Special Exception for the 3RT Sand Mine. See also PDF.


Draft Conditions from the Planning Commission to the BoCC on SE 23-01 3RT Sand Mine

Continue reading

Packet: Levy County Planning Commission, with 3RT Sand Mine Special Exception application 2023-07-10

Update 2023-07-23: Levy County 3RT Sand Mine is in Springshed of Rainbow Springs 2023-07-23.

Only one Levy County Planning Commissioner, a former miner, voted against recommending a Special Exception for a proposed 1,100-acre sand mine, after 70 people testified for four hours under oath that the mine is a bad idea in a rural residential agricultural area.

The county mailed about 2,800 notices in April to residences within two miles of the site, because of the large number of truck trips that would be required, about one every 90 seconds.

When this case comes up before the Board of County Commissioners of Levy County, I recommend interested parties show up and speak. And meanwhile send them a letter or call them.

If approved, this mine will be there for 40 years, and maybe 100 years.

[Collage, 3RT Sand Mine, Levy Count Planning Commission Packet 2023-07-10]

This case will not be heard by the Levy County Commission at its next meeting on Tuesday, July 25, 2023, because on July 18th the Planning & Zoning Office received official notice from the 3RT Sand Mine (SE 23-01) applicant, Ryan Thomas, requesting a continuation to a date uncertain to have time to assess the project with the Planning Commission conditions.

This is a standard developer tactic: delay hoping the opposition will forget. I recommend the opposition keep on it.

The Levy County parcels of the mine site and other parcels proposed for access are shown in yellow on this map. Manatee Spring on the Suwannee River is highlighted towards the left. Levy County staff wrote, “e) Site is not located within one mile corridor (one-half mile on either side) of known geological features with the potential to Impact Manatee Springs or Fanning Springs. Additional study is not recommended to be required.” Apparently the staff believe what DNM Engineering & Associates, Inc., told them on behalf of the miners. I’d prefer to see further study. Continue reading

Videos: Morven Solar denied @ Brooks County Commission 2023-02-06

After two hours of speakers in the Public Hearing, the Brooks County Commission this Monday denied the Special Exception for Morven Solar, 3:1:1.

[Speakers, Decision: Morven Solar @ Brooks County Commission 2023-02-06]
Speakers, Decision: Morven Solar @ Brooks County Commission 2023-02-06

Commissioner Myra Exum, after saying that whatever the Commissioners did they would be wrong, Continue reading

Herbivores, sediment basins, silt fences for Morven Solar –WWALS to Brooks County Commission 2023-02-06

Update 2023-02-08: Morven Solar denied @ Brooks County Commission 2023-02-06.

Before this evening’s Brooks County Commission decision on a Special Exception for Morven Solar, WWALS wrote asking for three conditions.

[Letter and Map --WWALS to Brooks County Commission about Morven Solar 2023-02-06]
Letter and Map –WWALS to Brooks County Commission about Morven Solar 2023-02-06

The meeting is 5PM tonight, Monday, February 6, 2023, at Brooks County Courthouse, East Screven Street, Quitman, GA, 31643.

See also Videos: Morven Solar at Brooks County Planning Commission 2023-01-19.

Here is the WWALS letter, sent to the Brooks County Commission as PDF. Continue reading