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mobile home park (the 76.5 acres) next to Brentwood Estates so
they could expand their mobile home park. This was their primary
purpose in buying and holding the land until they listed the
property for sale or exchange (described below at par. D-1).
The 76.5 acres had natural mounds of sand on it.
Petitioners bought the 76.5 acres on the condition that they
could obtain a Pasco County permit to mine sand from it. Their
contract with the seller required that petitioners pay the seller
$.75 per cubic yard of sand that they removed.
C. Petitioners' Sand Mining Activities
1. Issuance of Mining Permit to Petitioners
Petitioners applied to Pasco County for a permit to mine
sand from the 76.5 acres. At that time, Pasco County required an
applicant for a permit to mine sand to submit a plan showing how
he or she intended to mine and reclaim the property. Pasco
County required the applicant to submit engineering studies,
subsurface boring tests, a legal description, an environmental
impact statement, a drainage and flood development plan, a
processing plan, and a transportation plan. The applicant had to
show that he or she had a legal interest in the land. The
applicant also needed to show financial responsibility, usually
by obtaining a performance bond for the required work.
Pasco County staff reviewed the plan, made comments, and
returned it to the applicant. The applicant responded to the
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Last modified: May 25, 2011