The Escambia County Board of Adjustment (BOA) has denied a request for a conditional change of use of an abstraction pit in Molino.

According to Escambia County, an extraction pit is a place where material such as gravel, soil, clay or sand is dug up for use elsewhere. Extraction pits can be enclosed or open, and both types require a permit in Escambia County.

The applicant, Justin Patterson or Ironhorse Cattle, Co., proposed a 44-acre extraction pit on 52.88 agricultural use (AG) acres at 5595 Highway 95A, west of Highway 95A and just south of Cedartown Road. The Escambia County Land Development Code (LDC) requires a conditional permit for any extraction pit or remediation within 1,000 feet of any residential use or zoning.

In a meeting lasting over five hours on Wednesday, the BOA heard testimony from numerous residents. Most expressed concerns about truck traffic, dust, perceived environmental issues and noise that would impact the surrounding area. Several others spoke in favor of allowing the applicant to use the property as proposed.

BOA staff recommended conditional use approval to allow construction of the mine.

On Wednesday, the BOA rejected the application 3-1. A similar application for a conditional change of use for the property was rejected by the board in April 2022.

The Board particularly disagreed with the staff recommendation and concluded:

• General compatibility. The intended use cannot be carried out and operated in a manner that is compatible with adjacent properties and other properties in the immediate vicinity.
• Nuisances and hazards. The extent, intensity and operation of the use results in unreasonable noise, glare, dust, smoke, odor, vibration, electrical interference or other nuisances or hazards to adjacent properties and other
• Properties in the immediate vicinity
• Screening and buffering. Unless otherwise required by the Land Development Code (LDC), screening and buffering shall be waived when appropriate for the proposed use and location.
• Use requirements. The proposed use does not comply with any additional conditional use requirements of the applicable zoning, use or other provisions of the LDC.

Board member Michael Godwin noted that there are up to a dozen residential homes within 300 meters of the proposed extraction pit site.

The application and the proposal

“The proposed use can be carried out and operated in a manner that is compatible with the adjacent and surrounding properties. The subject property is mostly surrounded by undeveloped land,” the application states. To the south of the proposed pit site is a residential building that will become a lake-facing single-family home once excavation is complete. Operations are scheduled for Monday through Saturday from 6 a.m. to 6 p.m., as approved by the LDC. A 25-foot-wide landscape buffer has been proposed around the fenced pit.

The only access to the mine site was planned to be an on-ramp from Highway 95A opposite Josh Lane.

The developer’s application stated that noise would be limited to daytime hours, the pit’s side walls would act as sound barriers and a dust suppression system would prevent the release of airborne substances.

“The use will not cause unreasonable noise, glare, dust, smoke, odor, vibration or other nuisances or hazards,” the application states. “The excavation activity is temporary.”

According to the Northwest Florida Water Management District, there are no permitted drinking water wells within 500 feet of the property. However, the permitting program did not exist until the late 1970s, and records prior to the late 1980s are incomplete.

A neighbor had previously objected to the proposed use because a private irrigation well was located near the project. An attorney for the applicant claimed that there was no protection near private wells or wells for non-potable water.

Escambia County Development Review staff have recommended approving the conditional use of the property.

“Staff recommends approval of the conditional use as submitted with the enhanced buffering as described in the submitted site plan. Approval of the DRC site plan and approval of the redevelopment plan by BCC are required,” the staff’s submitted findings read.

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