By Terry Witt – Spotlight Senior Reporter
The proposed 3RT sand mine south of Bronson continues to be a bag of surprises, and for now, the proposal is hanging in legal limbo.
Residents who could be impacted by the mine aren’t happy about all the behind-the-scenes maneuvering taking place out of their view. They got a taste of those hidden politics at the July 25 Levy County Commission meeting.
Residents were surprised when the county commission unexpectedly removed a public hearing related to the mine from its agenda at the request of Williston resident Ryan Thomas, the man seeking mine approval.
Thomas, who has applied for a special exception that would allow the 1,100-acre sand mine to be operated in an area zoned for residential and agricultural uses, not mining, didn’t show up for the quasi-judicial hearing set to be heard at the board meeting. He knew it was being removed from the agenda. Residents were blindsided. They didn’t know what was coming.
Commission Chairman Matt Brooks, also from Williston, announced at the start of the meeting that the quasi-judicial hearing for the mine was being scratched from the agenda and would be continued, giving Thomas the option of asking for another hearing date or withdrawing his application.
Numbers Don’t Favor Mine
Resident Diane Garte used the public comment section of the county commission meeting to reveal tax information showing residential areas surrounding the mine generated $489,169 in property tax revenue in 2023 compared to the $2,970 in property tax revenue collected from the 1,100 acres mine property.
She said equestrian areas in the area of the proposed mine generated $355,835 in property tax revenue. She said the residential areas surrounding the mine property experienced 175 percent property tax revenue growth over the 10-year period ending in 2023. Property tax revenue from the 1,100 acres grew by 57 percent.
The maximum amount of tax revenue the county commission could expect to get from the mine property, if it was ever in full operation, would be $67,320 annually, Garte said, but because the Levy County Planning Commission has recommended allowing only 20 acres to be mined at any one time, the mine would generate a little over $4,000 annually.
“One large house on a big piece of land is going to pay that much in taxes to the county commission,” she said. “In addition, all the equestrian growth that has occurred in that area is because people appreciate the peace and quality of life that they enjoy. That would be destroyed when you start running 150 sand trucks up and down County Road 337 on a daily basis.”
Not Good for Neighborhood
Garte said the sand mine would result in the loss of equestrian events, and all the money spent by equestrians for the horse competitions would be lost as well.
“They will locate to other areas that are more hospitable and less frankly dangerous and less threatening to people in equestrian competitions,” she said. “The sand mine will also be discouraging ecotourism. I’m a numbers person. I’m just looking at the facts. It’s not good for the neighborhood and it’s not good for the finances of the county.”
County Attorney Nicolle Shalley cut off any further public comments about the sand mine. She said the quasi-judicial public hearing for the mine had been continued and the applicant, Ryan Thomas, wasn’t present. She instructed commissioners to disregard the comments of Garte and resident Laura Catlow but said they could make their presentations to the board if there was another quasi-judicial hearing on the mine.
Commission Gets Special Packet
Shalley also said anyone who wanted to present something in writing regarding the mine could do so during the county commission meeting. She said the paperwork would be given to the Planning and Zoning Department and included in the agenda packet for the next public hearing on the mine. Catlow immediately presented Shalley with a packet of information from retired realtor Robbie Blake. Shalley said the packet would be given to Planning and Zoning. Blake emailed the information packet to all five county commissioners.
“I am forwarding these documents to you to provide important information to you and the Board of County Commissioners as to the many legal challenges and causes of action that may arise as a result of this application for a Special Exception for this mining operation located in a heavily populated rural residential area and next door to Rosemary Hill Observatory, a state-owned facility built in 1967 and operated by the University of Florida,” Blake said.
The packet included a number of legal documents related to the mine property showing among other things that Thomas initially borrowed more than $5 million from PNC Bank to buy the property. PNC was seeking to foreclose on the property when Thomas borrowed an identical amount of money from First Southern Bank in January of 2022 to pay off the PNC bank loan. Thomas has a $5,045,000 mortgage on the property.
Paperwork in the packet indicated Thomas won a $1.3 million settlement from Sabal Trails natural gas line company after he alleged construction of the pipeline through his property resulted in loss of privacy and economic damages. Blake said the sand mine operation Thomas is proposing would result in similar damages to neighboring residential areas.
Loss of Privacy, Economic Damages, Silica Dust
“In trying to get a special exception from BOCC for THIS operation, they would be causing not only the loss of use and privacy to the 2,800 surrounding property owners (approximately 5,000 voters) for which the Thomas family and the BOCC could be held liable,” Blake said.
She noted that silica dust, a byproduct of sand mine operations, is a standard exclusion on commercial land use insurance policies. The silica dust can cause respiratory damage, property damage, and other outcomes.
“Unless a business has the money to pay for an expensive policy rider, silica dust is viewed as an uninsurable risk,” Blake said.
She noted that Rosemary Hill Observatory is located near the Town of Bronson and next door to the proposed sand mining operation. The observatory is owned and operated by the University of Florida. It has two telescopes and dormitories for extended observing runs.
Lawsuit for Damages
“At the Planning Commission Hearing on July 10, observatory officials provided testimony that indicated the damage silica dust could do to their telescopic equipment and lenses. Since they have operated in their location since 1967 as a valuable educational tool for University of Florida students and post-graduates, there is a good chance they may sue if this special exception is approved. Or perhaps UF will join with the residential property owners adjacent to or near the property in question to file a class action suit against the Thomas family and the BOCC if they approve this application. In such a situation, is the Board willing to spend the taxpayers’ money to defend against such a formidable lawsuit?” Blake said.
She said all evidence in these matters suggests that the BOCC’s best course of action would be to deny this application by the Thomas family to create a major sand mining operation in that area.
Changing Language in Conditions
The Planning Commission recommended 21 conditions Thomas would have to comply with in order to operate the sand mine, but county staff has altered two of them.
Planning Commission Chairman Parks Wilson won support for one condition he wanted. He said Thomas needed to do a threatened and endangered species study on the property.
County staff rewrote the condition, saying the applicant must “meet all Florida Fish and Wildlife Commission and Florida Department of Environmental Protection guidelines and regulations for habitat protection and restoration.”
County Coordinator Wilbur Dean said the rewritten condition means the same thing as requiring a study of endangered and threatened species on the property.
One of the biggest conditions set by the planning commission sets the maximum lifespan of the mine at 45 years, but staff rewrote the condition to say “Mining operations shall be completed within 45 years unless the Special Exception is amended.”
Dean said he doesn’t believe the county can deny Thomas the right to apply for an extension of the 45-year maximum lifespan. The rewrite means Thomas can apply for a multi-year extension at some point during the life of the mine.
Staff added a 22nd condition that says, “Other conditions as assigned by the Planning Commission and the Board of County Commissioners based on public participation.”
Blake said the special exception requested by Thomas allows a major sand mine in a residential area, something that was never intended by the Levy County Comprehensive Plan. She also said allowing the proposed mine to be extended well beyond the 45-year maximum lifespan makes it more than just a special exception.
“What it amounts to is a back door zoning change,” Blake said.
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Board of County Commission Regular Meeting July 25, 2023; Posted August 5, 2023
