Interoffice Memorandum
DATE: January 20, 2026
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Joseph C. Kunkel, P. E., Director, Public Works Department
CONTACT: Dale V. Mudrak, P. E., Manager
PHONE: (407) 836-7974
DIVISION: Development Engineering Division
ACTION REQUESTED:
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Approval of the renewal and revision of Bishop & Buttrey Borrow Pit No. 164 and authorization to issue Excavation Borrow Pit Permit No. 07-E5-717 to Bishop & Buttrey, Inc. District 5. (Development Engineering Division)
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PROJECT: N/A
PURPOSE:
Mr. Vic McCall of Bishop & Buttrey, Inc. has applied for the renewal and revision of Excavation Borrow Pit Permit No. 07-E5-717, a borrow pit located in northeast Orange County.
This permit would allow for the backfilling only of the existing borrow pit. The material used in the backfilling shall only be exported from the onsite Solid Waste Management Facility under the Environmental Protection Division (EPD) permit No. SW-24-06-001. There shall be no exporting or importing of material from other sources.
The area of the pit allowed for the backfilling and to be used by the EPD Solid Waste Management Facility permit are marked on the approved plan sheets. The remaining area of the existing borrow pit shall be restored as defined in Chapter 16 of the County Code.
The A-2 zone properties are located north of E. Colonial Drive and west of Fort Christmas Road. The Parcel ID numbers are 23-22-32-0000-00-001 and 23-22-32-0000-00-004.
Staff recommends approval of the renewal and revision of Bishop & Buttrey Borrow Pit No. 164 subject to General Law and the following additional requirements:
1. The approved haul route for the excavation shall be from the onsite Solid Waste Management Facility to Borrow Pit No. 164. No material from the borrow pit shall be exported offsite and no other source shall import material to the borrow pit.
2. Operating and hauling from 7:00 a.m. to 7:00 p.m., Monday through Saturday.
3. Notify Development Engineering Inspection at (407) 836-7920 24 hours prior to commencement of operations.
4. All Excavation/Fill activities shall be in accordance with approved plans and the Orange County Excavation/Fill Ordinance (Chapter 16, Orange County Code).
5. If a violation of any permit condition is discovered by the County at the facility, upon receipt of a notice of violation, the permittee will be required to address the alleged violation(s) to the satisfaction of the County within a timeframe set forth by the County. Failure to do so may result in civil penalties and/or closure of the facility operations as permitted until such time or unless the violations corrected. The financial assurance provided by the permittee may be used by the County to remedy and cure violations if the permittee is non-responsive in doing so.
6. The facility shall be open to the County for the purpose of inspection during normal working hours of the facility and at any other time when work is in progress. During periods of inactivity, upon request, the County shall be provided access to the site within one business day.
7. Approval of this permit does not constitute either a land-use classification change to Orange County’s Comprehensive Plan or a rezoning of any type. Furthermore, solid waste disposal, solid waste management, and the disposal of materials from the construction of demolition of a road or other transportation facility, as contemplated by Section 163.3194 of Florida Statutes, is not in any way a purpose of this permit.
8. No work authorized under this approval shall begin without compliance with all applicable federal, state, and county laws, ordinances, and regulations, which are incorporated herein by reference, except to the extent any applicable laws, ordinances, and regulations are expressly waived or modified by these conditions, or by action by the Board.
9. Parcels 23-22-32-0000-00-001 and 23-22-32-0000-00-004 shall not be used as a landfill unless approved by the Board of County Commissioners.
10. Pursuant to Section 125.022, Florida Statutes, issuance of this 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 a state or federal law. Pursuant to Section 125.022, the applicant shall obtain all other applicable state or federal permits before commencement of development.
11. By accepting this permit, the permittee understands and agrees that the permittee will, at all times, (1) comply with all terms and conditions of the permit and any ordinances and regulations relating to the permit; (2) assume all the risk associated with the exercise or attempted exercise of its rights and privileges under this permit; and (3) indemnify, defend, and save harmless Orange County from and against all losses, damages, costs, and expenses arising in any manner on account of the exercise or attempted exercise of the permittee’s rights and privileges under this permit, including, but not limited to, any actions or disputes based on claims of negligence, trespass, quiet title, inverse condemnation, and any actions for injunctive or declaratory relief. Accordingly, the permittee shall pay and reimburse Orange County for all damages, attorney fees, and costs that Orange County may incur as a result of any threatened litigation, actual litigation, trials, appeals arising in any manner from the issuance of this permit, and the permittee’s exercise or attempted exercise of its rights and privileges under the permit.
12. All stockpile locations shall remain within the borrow pit limits and shall be 50 feet from the boundary of the active borrow pit.
13. A 3-foot wide by 4-foot-high berm shall surround the boundary of the stockpile with a silt fence on the outside slope toe. The maximum height of the stockpile shall be 40 feet.
14. The stockpile shall only contain Type I materials as defined in Chapter 16 of the Orange County Code. This may include unsuitable materials such as clearing and grubbing soil strippings, muck and incidental vegetive materials.
15. Upon the borrow pit phase or permit completion for excavation and backfilling the entire stockpile area shall be restored to original or better conditions.
16. A financial assurance is required for the restoration of the borrow pit and stockpile area. The restoration process shall include the removal of the total amount of the stockpile volume and include the seeding and mulching of the disturbed areas and all meet all other conditions for restoration from Chapter 16 of the Orange County Code.
17. Stockpiled material can be used for restoration activities on the borrow pit at the Operator’s discretion. Approximately 10,000 cubic yards per year may be used for restoration activities.
18. A notice to backfill an excavated borrow pit shall be provided to the County staff at least 24 hours prior to backfilling. The request to backfill an excavated borrow pit shall be reviewed and approved by the County staff prior to commencement.
19. The backfilling of the pit shall be in accordance with the approved revised plans from June 2025 and submitted to Development Engineering Division. The backfill shall contain Type I materials only as defined in Chapter 16 of the Orange County Code.
20. Material can be transported and dumped into Borrow Pit No.164 without dewatering after it has been screened through the Solid Waste Management Facility Permit No. SW-24-06-001. Water quality monitoring wells shall be required and shown on the approved borrow pit plans. These wells shall be recorded quarterly.
21. The applicant is responsible for acquiring all permits from the water management district and all other agencies necessary for the operations of the borrow pit. The conditions shall be followed by all approved permits.
BUDGET: N/A