Current through Reg. 50, No. 187; September 24, 2024
This section sets forth the minimum criteria and standards
for approval of a conceptual plan or modification application.
(1) Safety.
(a) Site cleanup. All lands reclaimed shall
be completed in a neat, clean manner by removing or disposing of all visible
debris, litter, junk, worn-out or unusable equipment or materials, as well as
all footings, poles, pilings, and cables in conformance with the requirements
of subsection (9), of this section. If any large rocks or boulders exist as a
result of mining, these should be left either at the surface where they are
distinctly visible or placed in mined-out areas and covered to a minimum depth
of four (4) feet.
(b) Structures.
All temporary buildings, pipelines, and other man-made structures shall be
removed with the exception of those that are of sound construction with
potential use compatible with the reclamation goals.
(2) Backfilling and Contouring. The proposed
land use after reclamation and the types of landforms shall be those best
suited to enhance the recovery of the land into mature sites with high
potential for the use desired.
(a) Slopes of
any reclaimed land area shall be no steeper than four (4) feet horizontal to
one (1) foot vertical to enhance slope stabilization and provide for the safety
of the general public. For long continuous slopes, mulching, contouring, or
other suitable techniques shall be used to enhance stabilization. Should washes
or rills develop after revegetation and before final release of the area, the
operator shall repair the eroded areas and stabilize the slopes to eliminate
any further similar erosion.
(b)
The operator shall inform the Department of the nature and an estimate of the
amount of strata planned to be removed during mining operations that is
unsuitable for general reclamation use because of its potential hazard to the
health and safety of the general public. Material of this type that occurs
naturally within the general mine site shall be replaced in the mine cut
beneath all other backfill material. Any material that is not naturally
occurring within the general mine site shall be disposed in accordance with the
provisions of paragraph
62C-16.0051(9)(c),
F.A.C.
(3) Soil Zone.
(a) The use of good quality topsoils is
encouraged, especially in areas of reclamation by natural succession.
(b) Where topsoil is not used, the operator
shall use a suitable growing medium for the type vegetative communities
planned.
(4) Wetlands
within the conceptual plan area that are disturbed by site preparation or
mining operations shall be restored at least acre-for-acre and type-for-type.
At a minimum, type-for-type shall mean restoration at least to Level II of the
Florida Land Use, Cover and Forms Classification System (DOT 1999) (FLUCCS), as
incorporated by reference herein. When using FLUCCS, the following shall apply:
wetlands on the site shall be given a 600 prefix; natural streams shall be
designated as 511; ditched or otherwise channelized natural streams shall be
designated as 512; a ditch through a wetland area shall be designated as 513;
and a ditch cut through uplands shall be designated as 514. Non-wetland flood
plain areas that are designated as other surface waters in accordance with Rule
62-340.600, F.A.C., shall be
given the appropriate upland land use cover classification with a suffix of "O"
indicating "other surface waters." Furthermore, restoration shall be designed
to reflect the biological structure and hydrology of the wetland community that
was disturbed, but shall not require total replication of the previous wetland
vegetation.
(5) Surface waters
other than wetlands, as identified and delineated pursuant to Rule
62-340.600, F.A.C., within the
conceptual plan area that are impacted by site preparation, mining or mining
operations shall be restored based upon the type of natural systems present at
the time of submittal of the conceptual reclamation plan application, e.g.,
natural streams, natural lakes (including ponds) and non-wetland flood plains.
When wetland communities are directly associated with other surface waters,
restoration of such wetland communities shall be integrated into the
restoration of the surface waters. Natural lakes (including ponds) and
non-wetland flood plains shall be restored at least acre-for-acre and
type-for-type. However, non-wetland flood plains may be restored as wetlands
provided the floodplain functions of the system are maintained or improved.
Natural streams include streams that have been subjected to man-made or man
induced alteration or replacement of the historic flow channel, including but
not limited to channelization, canalization, or flow modifications. Natural
streams do not include man-made or man induced tributaries or channel
extensions beyond the lateral or upstream boundary of the historic stream
channel when such do not represent a direct modification of or replacement for
the flows of the historic channel. Natural streams shall be restored based upon
at least replacement of the linear footage of the stream impacted, as it
existed at the time of conceptual plan submittal. Therefore, when a natural
stream has been subjected to previous alteration that replaces the function of
the historic channel, the length of channel requiring restoration shall reflect
the existing condition, at the time of conceptual plan submittal, and not the
pre-alteration condition of the stream. However, when the impact is to an
altered segment of a natural stream between existing unaltered segments, and
that impact consists of mining operations that include excavation of the
overburden underlying the stream segment, the entire length between the
segments must be restored as a natural stream. If the impact consists only of
stream crossings, then the restoration need only reflect the existing condition
of the stream segment. Restoration of natural streams shall be designed to
conform the length of a restored stream to at least Rosgen Level II channel
classification in the basin as needed to meet the definition of restoration in
Rule 62C-16.0021, F.A.C., considering
the historic and reclaimed landscapes as determined using Applied River
Morphology (Rosgen 1996), as incorporated by reference herein, or other
comparable classification system approved by the Department, unless mitigating
factors indicate that restoration of previously modified streams as a different
type of lotic system would produce better results for the biological system and
water quality. Other than altered natural streams, as previously noted,
restoration shall not be required for artificial surface waters that are not
wetlands, constructed in areas that would otherwise be uplands.
(6) Wetlands and Water Bodies. The design of
created wetlands and water bodies shall be consistent with health and safety
practices, maximize beneficial contributions within local drainage patterns,
provide aquatic and wetland wildlife habitat values, and maintain downstream
water quality by preventing erosion and providing nutrient uptake. Water bodies
should incorporate a variety of emergent habitats, a balance of deep and
shallow water, fluctuating water levels, high ratios of shoreline length to
surface area and a variety of shoreline slopes.
(a) At least 25% of the highwater surface
area of each water body other than streams shall consist of an annual zone of
water fluctuation to encourage emergent and transition zone vegetation. If the
area meets the definition of a wetland in Rule
62C-16.0021, F.A.C., then it
will also meet the requirements of subsection (4), above. In the event that
sufficient shoreline configurations, slopes, or water level fluctuations cannot
be designed to accommodate this requirement, this deficiency shall be met by
constructing additional wetlands adjacent to and hydrologically connected to
the water body.
(b) Other than
streams, at least 20% of the low water surface shall consist of a zone between
the annual low water line and six feet below the annual low water line to
provide fish bedding areas and submerged vegetation zones.
(c) The operator shall provide a perimeter
greenbelt of vegetation consisting of tree and shrub species indigenous to the
area in addition to ground cover. The greenbelt shall be at least 120 feet wide
and shall have a slope no steeper than 30 feet horizontal to one foot
vertical.
(7) Water
Quality.
(a) All waters of the state on or
leaving the property under control of the operator shall meet applicable water
quality standards of the Department.
(b) Water within all wetlands and water
bodies shall be of sufficient quality to maintain their designated use as
defined in Rule 62-302.200,
F.A.C.
(8) Flooding and
Drainage.
(a) The operator shall take all
reasonable steps necessary to eliminate the risk that there will be flooding on
lands not controlled by the operator caused by silting or damming of stream
channels, channelization, slumping or debris slides, uncontrolled erosion, or
intentional spoiling or diking or other similar actions within the control of
the operator.
(b) The operator
shall restore the original drainage pattern of the area to the greatest extent
possible. Watershed boundaries shall not be crossed in restoring drainage
patterns; watersheds shall be restored within their original boundaries.
Temporary roads shall be returned at least to grade where their existence
interferes with drainage patterns.
(9) Waste Disposal.
(a) Clay Wastes.
1. Disposal areas shall be reclaimed as
expeditiously as possible. Experimental methods which speed reclamation and
which are consistent with these rules are encouraged.
2. To the greatest extent practical, all
waste clays shall be disposed in a manner that reduces the volume needed for
disposal.
3. Above-ground disposal
areas shall be reclaimed in a manner so that long-term stabilization of
retention dikes and dams is assured.
4. Waste clays shall be disposed in a manner
which minimizes the length of time waste disposal sites are needed for mining
operations, reduces the impact on drainage patterns and premining topography,
and considers post-reclamation land use potential.
(b) Sand Tailings.
1. Sand tailings should not be permanently
spoiled above natural grade unless needed to meet regulatory or environmental
requirements.
2. The operator shall
give highest priority to the use of sand tailings for backfilling mine cuts.
This priority shall not exclude the use of sand clay mix in reclamation when
approved by the Department. Sand tailings shall not be permanently disposed or
deposited within, or used for the construction of, clay settling areas unless
authorized by the Department.
(c) Solid Waste.
1. Solid waste that is generally considered
to be not water soluble and non-hazardous in nature, and that is generated as a
result of mining operations may be disposed on-site during reclamation in
accordance with any applicable permit conditions. Such waste includes steel,
glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber,
as well as rocks, soils, tree remains, trees, and other vegetative
matter.
2. Solid waste that could
create a public nuisance or adversely affect the environment or public health,
such as garbage, white goods, automotive materials including batteries and
tires, petroleum products, pesticides, solvents, or hazardous substances, shall
be managed in accordance with the requirements of Chapter 62-701,
F.A.C.
3. Solid waste that is a
hazardous waste shall be managed in accordance with the requirements of Chapter
62-730, F.A.C.
4. In no case shall
solid waste be disposed in any natural or artificial body of water, including
groundwater. Clean debris may be used as fill material in any area, pursuant to
Sections 403.703(33) and
403.707(2)(f),
F.S.
(10)
Revegetation. The operator shall develop a revegetation plan to achieve
permanent revegetation, which will minimize soil erosion, conceal the effects
of surface mining, and recognize the requirements for appropriate habitat for
fish and wildlife.
(a) The operator shall
develop a plan for the proposed revegetation, including the species of grasses,
shrubs, trees, aquatic and wetlands vegetation to be planted, the spacing of
vegetation, and, where necessary, the program for treating the soils to prepare
them for revegetation.
(b) All
upland areas must have established ground cover for one year after planting
over 80% of the reclaimed upland area, excluding roads, groves, or row crops.
Bare areas shall not exceed one-quarter (1/4) acre.
(c) Upland forested areas shall be
established to resemble premining conditions where practical and where
consistent with proposed land uses. At a minimum, 10% of the upland area will
be revegetated as upland forested areas with a variety of indigenous tree
species. Upland forested areas shall be protected from grazing, mowing, or
other adverse land uses to allow establishment. An area will be considered to
be reforested if a stand density of 200 trees per acre is achieved at the end
of one year after planting.
(d) All
wetland areas shall be restored and revegetated in accordance with the best
available technology.
1. Herbaceous wetlands
shall achieve a ground cover of at least 50% at the end of one year after
planting and shall be protected from grazing, mowing, or other adverse land
uses for three years after planting to allow establishment.
2. Wooded wetlands shall achieve a stand
density of 200 trees per acre at the end of one year after planting and shall
be protected from grazing, mowing, or other adverse land uses for five years or
until such time as the trees are ten feet tall.
(e) All species used in revegetation shall be
indigenous species except for agricultural crops, grasses, and temporary ground
cover vegetation.
(11)
Wildlife.
(a) The operator shall incorporate
measures into the conceptual plan or conceptual plan modification to offset
fish and wildlife values lost as a result of mining operations and shall
identify special programs to restore, enhance, or reclaim particular habitats,
especially for endangered and threatened species, as identified by the Florida
Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife
Service.
(b) The operator may
designate specific locations within the mine as "Wildlife Areas" and include a
plan for reclamation and management for sites so designated. Slopes,
revegetation, and erosion control requirements may be modified by the
Department in such areas on a case-by-case basis where such changes will
benefit the overall plan for the propagation of wildlife.
(12) Time Schedule for Reclamation Parcels.
(a) Each operator shall develop a time
schedule for completion of the reclamation process in the area covered by a
reclamation parcel. The time schedule shall include an estimate of:
1. When removal of phosphate rock in the area
will be completed, including the estimated acreage to be mined in each calendar
year that mining will occur.
2.
When any other mining operations phase in the area will be completed and an
explanation of such operations.
3.
When waste disposal will be started and completed.
4. When contouring will be started and
completed.
5. When revegetation
will be started and completed.
(b) Completion dates.
1. Where mined-out areas will be used for
waste disposal, waste disposal shall be completed as soon as practical after
mining has occurred. Waste disposal on other sites shall also be completed as
soon as practical. The completion date for waste disposal shall consider the
availability and volume of materials needed.
2. Contouring for all acres mined shall be
completed no later than 18 months after an area is capable of being contoured.
When additional mining operations, such as waste disposal, occur in a mined
area, then contouring shall be completed no later than 18 months after an area
is capable of being contoured. If contouring is needed on lands that are
disturbed by mining operations, but not mined, then contouring on such lands
shall be completed no later than the end of the year following the year in
which mining operations ceased on such lands.
3. Revegetation shall be completed as soon as
practical after each acre is contoured, but no later than six months after
contouring is required to be completed. The Department may allow a later
completion date upon a showing of good cause.
4. Reclamation and restoration shall be
completed within two (2) years of the actual completion of mining operations,
exclusive of the required growing season to ensure the growth of vegetation,
except that where sand-clay-mix or other innovative technologies are used, the
Department may specify a later date for completion. The required completion
date may vary within a reclamation parcel, depending upon the specific type of
mining operation conducted.
5. The
completion dates for each phase of the reclamation and restoration activities
shall be extended by the period of any delays attributable to causes beyond the
reasonable control of the operator.
6. Initiation and completion dates should be
specified by month and year only with initiation being the first day of the
month and completion being the last day of the month.
7. The actual completion dates for
contouring, revegetation, and the period of establishment shall be based on
information provided in the annual reports, as required by Rule
62C-16.0091, F.A.C., and
verified by the Department.
(13) Exceptions and Innovations. In order to
encourage the development of new technology that will hasten reclamation or
improve the quality of restored lands, the Secretary may grant a variance to
any of the requirements of Rule
62C-16.0051, F.A.C., to
accommodate experimental or innovative techniques when the technology is not
proven.
Rulemaking Authority
378.207 FS. Law Implemented
211.32,
378.207,
378.209
FS.
New 10-6-80, Amended 7-19-81, Formerly 16C-16.051, Amended
2-22-87, Formerly 16C-16.0051, Amended 2-19-02,
5-28-06.
