Interoffice Memorandum
DATE: March 26, 2025
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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Authorization to revise Excavation Borrow Pit Permit No. 22-E5-0012 for stockpiling and backfilling for CPG Florida, LLC. District 5. (Development Engineering Division)
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PROJECT: N/A
PURPOSE:
Mr. Matthew Cone of CPG Florida LLC has applied for a revision of Excavation Borrow Pit Permit No. 22-E5-0012, a borrow pit located in northeast Orange County.
This revision would allow importing, stockpiling and backfilling of the existing borrow pit. The borrow pit will stockpile approximately 100,000 cubic yards per year of type I material inside the boundaries of the approved borrow pit site. Conditions shall be added to the existing excavation borrow pit permit in addition to the approved conditions from the Board meeting on October 25, 2022.
The A-2 zoned property is located south of E. Colonial Drive and east of SR 520. The borrow pit Parcel ID Number is 36-22-32-0000-00-003.
Staff recommends approval of the revision subject to General Law and the following additional requirements:
1. The stockpile location shall be 50 feet from the boundary of the active borrow pit.
2. A 3 foot 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.
3. The stockpile shall only contain Type I materials as defined in Chapter 16 of the Orange County Code. This includes unsuitable materials such as clearing and grubbing soil strippings, muck and incidental vegetive materials.
4. Upon the borrow pit phase or permit completion for excavation and backfilling the entire stockpile area shall be restored to original or better conditions.
5. A surety is required for the restoration of the 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 shall meet all other conditions for restoration from Chapter 16 of the Orange County Code.
6. The imported material for the stockpile shall require an active haul permit from the source. The haul permit shall list the amount of material imported in cubic yards and the County shall be informed once the maximum set volume of imported material has been received.
7. An active haul permit as per Chapter 16 of the Orange County Code shall be required to export any material offsite from the stockpile, from the source receiving the material. The permit shall list the location and hauling contractor.
8. The total volume in cubic yards for the material imported for the stockpile shall be a set amount of 100,000 cubic yards. Once the set volume has been reached no more importing will be allowed until the volume of the stockpile is reduced below the set volume.
9. No material from the stockpile shall be backfilled without prior notice to County staff into the active borrow pit. Stockpiled material can be used for restoration activities on active or inactive borrow pit at the Operator’s discretion. Approximately 10,000 cubic yards per year may be used for restoration activities.
10. 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.
11. If backfilling of the pit is allowed, a layering plan shall be submitted as part of the approved borrow pit plans to Public Works Development Engineering Division. The backfill shall contain Type I materials only as defined in Chapter 16 of the Orange County Code. The layering plan shall include a minimum of 2-foot lifts for each layer.
12. The borrow pit, or an inactive phase, shall be dry to allow backfilling of imported materials. Dewatering of the excavated area can be required if necessary.
13. There shall be no excavation from a completed Phase of the borrow pit once backfilling operations have started.
14. The applicant is responsible to acquire all permits from the water management district and all other agencies necessary for the operations of the borrow pit. The conditions shall be followed of all approved permits.
BUDGET: N/A