W.A.R., INC., APPELLANT,
v.
LEVY COUNTY AND TARMAC AMERICA, LLC, APPELLEE
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W.A.R., Inc. appealed a final order denying declaratory and injunctive relief challenging Levy County's development order approving Tarmac America's lime rock mining operation on environmentally-sensitive lands. The appellate court affirmed the trial court's decision, holding that the development order is consistent with the County's Comprehensive Plan because it conditions mining operations on obtaining all required regulatory permits.
The development order is consistent with the County's Comprehensive Plan because it conditions all mining excavation operations on prior issuance of all necessary regulatory permits from applicable state and federal agencies, thereby ensuring compliance with the Comprehensive Plan's environmental protections.
[1] A development order is consistent with a county's comprehensive plan when it expressly requires the issuance of all necessary regulatory permits, including excavation and…
[2] A county development order approving a mining operation on environmentally-sensitive lands is consistent with comprehensive plan policies protecting such lands when the o…
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Join FLexlaw to unlock all legal intelligence“There shall be no mining excavation operations or activities, or other activities or construction begun on the Subject Property pursuant to the approval granted by this Order unless and until all of the following have occurred ... (b) issuance of any and all Regulatory Permits by any and all applicable Regulatory Agency or Agencies, including but not limited to the issuance of an Excavation and Fill Permit.”
The critical language of the development order conditioning all mining operations on prior acquisition of all required regulatory permits, which the court found satisfied the Comprehensive Plan's environmental protection policies.
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Join FLexlaw to unlock all legal intelligenceTarmac America, LLC applied for a development order to mine lime rock on a site in Levy County containing environmentally-sensitive lands. W.A.R., Inc…
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W.A.R., Inc., appeals a final order denying declaratory and injunctive relief in appellant’s action pursuant to section 163.3215, Florida Statutes (2010), which challenged the development order of the Levy County Board of County Commissioners (County) that approved the application of Tarmac America, LLC (Tarmac), appellee, to mine lime rock on a site in Levy County containing environmentally-sensitive lands. W.A.R. argues below and on appeal that the County’s development order is inconsistent with Conservation Element Policies 3.1 and 3.8 and Coastal Management Element Policy 5.7 of the County’s Comprehensive Plan. We agree with the trial court that the development *1245order is consistent with the County’s Comprehensive Plan and affirm.
Conservation Element Policy 3.1 provides that “[i]mpacts to ‘high quality’ wetlands on site will be limited to development of necessary improvements consistent with plans approved by state and federal regulatory agencies.” Policy 3.8 provides that environmentally sensitive land “will be protected from mining operations.” The Coastal Management Element Policy 5.7 authorized the County to consider “dredge and fill activities” in the coastal zone “if supported by the U.S. Army Corps of Engineers.” The development order at issue expressly provides that:
There shall be no mining excavation operations or activities, or other activities or construction begun on the Subject Property pursuant to the approval granted by this Order unless and until all of the following have occurred ... (b) issuance of any and all Regulatory Permits by any and all applicable Regulatory Agency or Agencies, including but not limited to the issuance of an Excavation and Fill Permit.
Thus, Tarmac cannot (and Tarmac asserts it will not) proceed with the project until it obtains the permits required by the County’s Comprehensive Plan. We affirm all issues raised on appeal.
AFFIRMED.
VAN NORTWICK, CLARK, and RAY, JJ., concur.