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4. Modification of Petitioners' Permits
On September 17, 1985, the B.C.C. approved petitioners'
request to modify petitioners' sand mining permit. The
modification allowed petitioners to extract 1.18 million cubic
yards of sand from the 76.5 acres.
In 1989, petitioners asked the B.C.C. to modify the permit a
second time to increase the amount of sand that they could remove
from the 76.5 acres to 2.49 million cubic yards by permitting
removal of sand up to 12 feet below the surface.2 On the
application to modify the permit, petitioners stated that they
intended to apply for a construction and demolition debris dump
permit after mining is complete, and later to use the 76.5 acres
as a mobile home park. The B.C.C. approved petitioners' second
request to modify the permit on March 21, 1989.
D. Petitioners' Exchange of the 76.5 Acres
1. Listing the Property for Sale
Petitioners listed the 76.5 acres with a realtor to sell as
a mobile home park, sand mine, or construction and demolition
debris dump. There was a large demand for construction and
demolition debris dumps in Pasco County when petitioners listed
the 76.5 acres for sale. David Gilmore (Gilmore) was
2Petitioners sold about 1,277,470 cubic yards of sand while
they owned the 76.5 acres.
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