Current through Reg. 50, No. 187; September 24, 2024
(1) New Mines. Operators of new mines shall
notify the secretary of their intent to mine or their commencement of mining
operations, as follows:
(a) Subsequent to the
effective date of this rule, no operator may begin the process of extraction at
a new mine without notifying the secretary of the intent to mine at least 60
days prior to the beginning of mining operations. The notice shall include the
information required in subsection (3), below.
(b) For those mines where extraction began
after January 1, 1987, and on or before the effective date of this rule,
notices of intent to mine shall be provided within 60 days of the effective
date of this rule. Such notices shall be considered notices of intent to mine
even though mining operations have already begun and shall include the
information required in subsection (3), below.
(c) For those mines where extraction began
after October 1, 1986, and before January 2, 1987, the operator shall provide
the secretary with the information required in subsection (3), below, within 60
days of the effective date of this rule.
(2) Existing Mines.
(a) Prior to January 1, 1988, each operator
shall provide the secretary a documented list of its existing mines which shall
include the operator's name, address, phone number and the name, address, phone
number, and plan view of each mine. The plan view shall be a map or good
quality aerial photograph facsimile which includes the mine name, mine
boundary, north arrow, section-township-range data, marked section corners,
scale, date prepared, and date flown, if applicable.
(b) By January 1, 1989, operators of existing
mines who intend to disturb new surface areas after January 1, 1989, shall
provide a conceptual plan for mining and reclamation for review in accordance
with Rule 62C-36.006, F.A.C., for the new
surface areas to be disturbed. The content of the plan shall be as required in
paragraphs (3)(a) and (b), below.
(3) Information Required. In order to clearly
identify the operator and the mine location and to evaluate the operator's
understanding of and probable compliance with the reclamation performance
standards in Rule 62C-36.008, F.A.C., the
secretary must obtain a minimum amount of information for each mine; therefore,
the following information shall be provided in whole or in part, as specified
in subsections (1) and (2), above:
(a) General
information.
1. Operator's name, mailing
address, business address, and phone number.
2. Name of parent company, corporation, etc.,
mailing address, business address, and phone number.
3. Mine name, mailing address, business
address, and phone number.
4.
Authorized agent's name, mailing address, business address, and phone
number.
5. Date mining operations
began or are to begin at this mine.
6. Mine location by county, township, range,
section, and quarter-section.
(b) Conceptual plan. A conceptual plan for
mining and reclamation shall include:
1.
Separate maps that show the:
a. Mine boundary
on the most recent U.S. Geological Survey, 1:24, 000, topographic map or maps
of the mine area.
b. Total area to
be mined and disturbed. Areas to be disturbed, but not mined, shall be
identified separately. This map shall also show the projected sequence of
mining. In addition, for existing mines this map shall show areas that have
been or will be mined or disturbed before January 1, 1989, and the current
status of those areas.
c.
Approximate depths to which mining will occur or depth to the water table, if
mining will occur below the water table.
d. Estimated postreclamation topography,
drainage features, and structures.
e. Planned postreclamation
vegetation.
2. Typical
cross sections that clearly show the design of reclaimed sheer walls and shore
line treatments for water bodies.
3. A general discussion of the mining
operations and reclamation activities.
4. An estimated time schedule for
reclamation.
5. The estimated life
of the mine.
6. A list of approved
permits. This shall include copies of any dredge and fill permits approved by
the U.S. Army Corps of Engineers or the Florida Department of Environmental
Protection, water use or surface water management permits issued for existing
and proposed facilities or works, and any permits and reclamation plans
approved by the appropriate local government.
7. A list of pending permit applications
which are related to reclamation.
8. A list of other permits which are related
to reclamation and are known to be required.
9. A copy of the Application for Development
Approval and the Development Order, if applicable.
(c) Signed acknowledgment of reclamation
performance standards.
(4) Cessation of Operations. An operator
shall notify the secretary within at least 30 days after the temporary or
permanent cessation of mining at a mine. Notice shall not be required when the
temporary cessation period is less than six months.
(5) Conceptual Plan Changes.
(a) An operator shall notify the secretary of
the following changes to the conceptual plan prior to implementing such
changes. Such changes are changes in the:
1.
Originally noticed area to be mined that are greater than 20 percent or 100
acres, whichever is smaller.
2.
Reclamation design of sheer walls or shorelines.
3. Elevations of reclaimed uplands that are
greater than 10 feet and affect more than 20 percent or 100 acres, whichever is
smaller, of the disturbed area.
4.
Postreclamation drainage patterns that affect more than 20 percent or 100
acres, whichever is smaller, of the disturbed area.
5. Revegetation plan which affect more than
20 percent or 100 acres, whichever is smaller, of the area to be
revegetated.
6. Plans that are not
consistent with the reclamation standards in Rule
62C-36.008,
F.A.C.
(b) The
notification required in paragraph (a), above, shall include the following
information:
1. Name of mine.
2. Name of operator.
3. Agency identification code for the
plan.
4. A description of the
change.
(c) An operator
shall notify the secretary of all other changes in a given calendar year to the
conceptual plan in the annual report covering that calendar
year.
Rulemaking Authority
378.404,
378.501 FS. Law Implemented
378.501,
378.502
FS.
New 7-16-87, Formerly
16C-36.003.