Current through Reg. 50, No. 187; September 24, 2024
(1)
Safety.
(a) Site cleanup. Each program site
shall be left in a neat, orderly condition by removing or adequately burying
all debris, junk, abandoned equipment, abandoned structures or parts of
structures, worn-out or unusable equipment or materials, as well as all
footings, piles, pilings, and cables.
(b) Any existing structures, roads, pilings,
or other artifacts on a program site which the Landowner anticipates retaining
after reclamation shall be identified in the program application together with
their proposed use.
(c) Should a
Landowner demonstrate that slope requirements of this rule cannot be met, the
Landowner shall identify any locations where a potential hazard exists or may
exist and shall provide, in the program application, for the construction of a
protective fence.
(2)
Contouring. The proposed landforms after reclamation shall be those best suited
to enhance the recovery of the land into natural appearing areas. Any
identified use to be made of the area shall not conflict with the Local
Comprehensive Plan or the Comprehensive Regional Policy Plan, adopted pursuant
to Chapter 186, F.S.
(a) Upland slopes of any
reclaimed land areas shall normally be no steeper than four (4) feet horizontal
to one (1) foot vertical to provide for the safety of the general public. When
reclaiming above-grade clay settling areas, Landowners are encouraged to
incorporate a variety of slopes four (4) feet to one (1) foot or flatter to
result in a rolling topography. For long continuous slopes, mulching,
contouring, vegetation, or other suitable techniques shall be used to enhance
stabilization. Should washes or rills develop after revegetation to such an
extent that an erosion problem would result, the Landowner shall repair the
eroded area prior to the program's final certification of completion.
(b) Deviations from upland slopes of no
steeper than four (4) feet horizontal to one (1) foot vertical shall be
approved by the Department in those instances where:
1. The ownership boundary of the program site
is such that this standard could be met only by excessive excavations resulting
in undesirable water body depths or where excessive volumes of fill material
would have to be imported to the site, or
2. There currently exist mature patches of
desirable vegetation or desirable trees which could be expected to survive the
reclamation activities and would contribute significantly to the recovery of
the site.
(c) Any
reclamation program in which a deviation from the slope requirements of this
rule is necessary shall contain the request for a deviation, together with
detailed dimensions of the requested deviation in the application for a
reclamation program, as well as the reasons for the requested deviation. The
use of sloping terraces is encouraged if a deviation from the slope requirement
is necessary. The steeper terrace faces shall be separated from adjacent
terrace faces as far as possible but at least ten (10) feet horizontally.
Terrace faces shall extend over no more than four (4) feet vertically on any
single terrace.
(d) The design of
artificially created wetlands and waterbodies shall be consistent with health
and safety; maximize beneficial contributions within local drainage patterns;
provide aquatic and wetland wildlife habitat values; maintain water quality,
both within the waterbody and downstream by preventing erosion and providing
nutrient uptake; and, does not conflict with the Local Comprehensive Plan or
the Comprehensive Regional Policy Plan adopted pursuant to Chapter 186, F.S.;
enhance the potential for productive human use of the adjacent uplands.
Waterbodies should incorporate emergent habitat, both deep and shallow water,
naturally fluctuating water levels, high ratios of shoreline length to surface
area, and a variety of shoreline slopes. Variety in configuration of both plan
view and profile of waterbodies is encouraged within the reasonable limits of
insuring that peninsulas and bays will be beneficial and useable features. The
configuration known as "finger" lake(s) shall be approved where the submerged
slopes are no steeper than four (4) feet horizontal to one (1) foot vertical
from the design average water level out to six (6) feet of water
depth.
(e) Waterbodies shall be
constructed with submerged slopes no steeper than four (4) feet horizontal to
one (1) foot vertical from the design average water level out to six (6) feet
of water depth. Where practical, waterbodies constructed in parcels lying
generally three (3) miles or more outside the corporate limits of
municipalities should be constructed with approximately twenty percent (20%) of
the design low water surface area less than six (6) feet deep at design low
water. Waterbodies constructed in parcels lying generally three (3) miles or
more outside the corporate limits of a municipality and in excess of ten (10)
acres and not constructed with twenty percent (20%) less than six (6) feet deep
shall be constructed with a minimum of one-half (1/2) of the lineal feet of
shoreline having submerged slopes no steeper than six (6) feet horizontal to
one (1) foot vertical from one (1) foot above the design average water level
out to six (6) feet of water depth. Those parcels lying generally three (3)
miles outside the corporate limits of municipalities are more specifically
identified by parcel number in the files of the Department.
(f) The Department shall approve deviations
from paragraphs (d) and (e), above, when:
1.
The ownership boundary and the existing landform to be reclaimed (amount of
earth material above the water table compared to the extent of submerged void)
preclude the meeting of the slopes required,
2. The proposed use of the reclaimed site is
for construction of buildings and their attendant facilities and such proposed
use is not in conflict with the Local Comprehensive Plan or the Comprehensive
Regional Policy Plan, adopted pursuant to Chapter 186, F.S., or
3. The reclamation program is within an urban
area defined by the affected local governing body through its Local
Comprehensive Plan enacted in conformance with the Local Government
Comprehensive Planning Act of 1975 (Chapter 163, F.S.).
4. Deviations in subparagraphs 2. and 3.,
above, shall not result in submerged slopes steeper than four (4) feet
horizontal to one (1) foot vertical from shore out to six (6) feet of water
depth.
(3)
Revegetation.
(a) Although the hydroperiod and
soil type of lands to be reclaimed have been altered to the extent that the
reestablishment of the historical order of plant succession may not be
practical, it is the objective of these guidelines for revegetation to
establish a diverse, productive, and natural appearing plant community within
the limits of the land capability and various plant tolerances.
(b) The Landowner will develop a schedule for
the proposed revegetation including species of trees, grasses and any shrubs to
be planted; location and spacing of vegetation; and where necessary, a program
for treating the soils to prepare them for planting. Furthermore, the Landowner
shall provide a flexible planting schedule to insure an adjustment to the
revegetation timetable when weather conditions or seasonal changes in the
weather would be detrimental to the survival of the revegetation.
(c) A program site must have established
ground cover on a minimum of eighty percent (80%) of the upland area excluding
roads, groves, or row crops at the end of the establishment stage. Bare areas
shall not exceed one-quarter (1/4) acre.
(d) All species used in revegetation shall be
indigenous to the State except for upland grasses, and temporary ground cover
vegetation.
(e) Each program site
containing nonsubmerged land, excluding the greenbelt, shall have a minimum of
three (3) different species of indigenous trees planted within its boundaries
in sufficient and approximate equal numbers to provide an average minimum
density of twenty (20) healthy trees per acre of nonsubmerged land at the end
of the establishment stage. It is assumed that planted trees (bare-root
seedlings) will experience a fifty percent (50%) mortality during the
establishment stage. The trees may be concentrated onto no less than ten
percent (10%) of the total nonsubmerged area, provided that the planting
includes upland and transition zones (if any), and that no single area of the
planting of trees-patch, greenbelt or windrow-be smaller than one-quarter (1/4)
acre, and further, that no area without trees be greater than forty (40)
acres.
(f) All submerged land
features within the program site shall have a greenbelt of trees along a
minimum of fifty percent (50%) of the perimeter of the feature. The greenbelt
shall extend at least thirty-five (35) feet, but not to exceed one hundred ten
(110) feet, upland from the highwater line of the feature. The greenbelt shall
consist of a minimum of three (3) different species of trees. Both upland and
water tolerant species shall be included. Survival density shall be two hundred
(200) trees per acre. It is assumed that planted trees (bare-root seedlings)
will experience a fifty percent (50%) mortality during the establishment
period.
(g) Herbaceous wetland
areas within the program site shall be revegetated with a minimum of five (5)
indigenous species of wetland plants planted in approximately equal numbers,
excluding cattails, primrose willow, and exotics. These plantings shall be
spaced on three-foot (3-foot) centers, and demonstrate fifty percent (50%)
survival at the end of the growing season. Any acreage of cattails and/or
primrose willows existing in an herbaceous wetland shall not exceed twenty
percent (20%) of the total wetland acreage. Areas to be reclaimed as wooded
wetlands shall be planted with a minimum of three (3) different species of
indigenous trees in sufficient and approximately equal numbers to provide an
average density of two hundred (200) healthy trees per acre at the end of the
growing season. It is assumed that planted trees (bare-root seedlings) will
experience a fifty percent (50%) mortality during the establishment
period.
(h) A program site planted
with trees on which livestock grazing will be allowed shall have the trees
protected from the livestock by a fence of such construction as to reasonably
protect the plantings for five (5) years.
(i) Programs designed wholly or in part as
wildlife habitats must incorporate greenbelts on swales. The greenbelt should
provide at least a thirty-five-foot (35-foot) wide wildlife corridor on each
side of the swale. All submerged features, including herbaceous and/or wooded
wetlands, shall have a greenbelt according to paragraph (f), above. Wildlife
habitats must utilize the upland forest requirements to maximize the habitat
quality by planting upland forests adjacent to the greenbelt area or the
submerged feature and thus utilize the edge effect of continuous cover from one
type of vegetative cover to another type of vegetative cover. The Department
shall waive the forty-acre (40-acre) forestation requirement of paragraph
62C-17.008(3)(e),
F.A.C., to permit the maximum utilization of upland forested areas to enhance
the wildlife habitat. Where practical, wildlife habitats established on a
program should be connected to any similar wildlife habitats on adjacent
programs. Landowners electing to establish a wildlife habitat shall receive an
enhanced priority recommendation after review of the reclamation
application.
(j) For programs where
wildlife habitat is all or a significant portion of the proposed use of the
program site, the Landowner shall consult with the Florida Fish and Wildlife
Conservation Commission and provide the results of this consultation to the
Department as a part of the Landowner's application. Slopes, revegetation,
reforestation and erosion control requirements may be waived or modified by the
Department in areas where such changes will benefit the overall plan for
wildlife habitat restoration.
(4) Water quality.
(a) All waters of the state on or leaving the
program site shall meet applicable water quality standards of the Florida
Department of Environmental Protection, Chapter 62-3, F.A.C.
(b) Water within all wetlands and waterbodies
shall be of sufficient quality to allow recreation or support fish and other
wildlife.
(5) Drainage.
To the extent feasible, the Landowner shall restore certain drainages as a
desirable step toward the reestablishment of regional drainage patterns. These
drainages are included, but are not limited to those highlighted in the
Report.
(6) Deviations. Any
deviations from standards and criteria which would minimize expenditures in
excess of maximum reimbursable cost as provided for in Rule
62C-17.010, F.A.C., may be
approved provided there is no significant impact on environmental
quality.
(7) Additional work
effort. Landowners proposing immediate use of a program site for such uses as
silviculture, livestock grazing, agriculture crops, or development shall review
subsection 62C-17.009(11),
F.A.C.
Rulemaking Authority
378.021,
378.038 FS. Law Implemented
378.021,
378.038
FS.
New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.08,
Amended 12-25-86, 6-13-91, Formerly
16C-17.008.