Current through Reg. 50, No. 187; September 24, 2024
(1) Conceptual Plan.
Prior to July 1, 1987, no operator may begin the process of heavy mineral
extraction at a new mine without filing an application for a conceptual plan
with the Department at least six months prior to the beginning of mining
operations. After July 1, 1987, no operator may begin the process of heavy
mineral extraction at a new mine without receiving approval of a conceptual
reclamation plan from the Department. The conceptual plan application shall
include the following information to allow documentation, review, and
evaluation of proposed reclamation activities and to allow determination of
compliance with the standards in this chapter.
(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)
Premining information. The plan shall include descriptions of the following, as
they existed prior to mining:
1. Geology,
topography, drainage, vegetation, and land uses within the mine.
2. The presence and location of plant and
animal species listed as threatened or endangered by the Florida Fish and
Wildlife Conservation Commission or the U.S. Fish and Wildlife
Service.
(c) Mining,
waste disposal, and reclamation plan. The plan shall describe each of the
following:
1. The general mining, waste
disposal, and reclamation methods from the initial clearing of the land to the
final revegetation.
2. The general
sequence of mining, including an estimated time schedule.
3. Estimated quantities, by weight and
volume, of earth materials to be considered in planning the reclamation
activities.
4. Postreclamation
topography, drainage, vegetation, and intended land uses.
5. Postreclamation
structures.
(d) A
description of the activities to be undertaken to comply with each of the
standards in Rule 62C-37.008, F.A.C. The
information provided shall be sufficient to determine whether or not each
standard will be met.
(e) Maps.
Separate maps shall be provided that show the:
1. Site plan and location.
2. Premining topography and
drainage.
3. Premining
vegetation.
4. Total area to be
mined and disturbed. This map shall also show a best estimate of the area
projected to be mined in each five-year period of the mine's life.
5. Postreclamation topography and
drainage.
6. Postreclamation
vegetation.
(f) Cross
sections shall be provided for each area to be reclaimed as a water body and
wetland.
(g) A description of any
temporary land use requested, including the estimated dates the temporary land
use will be in effect, what reclamation activities will be needed when the
temporary land use ceases, and a time schedule for the reclamation
activities.
(h) Other supporting
documents. The application shall include other supporting documents, as
follows:
1. 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.
2. A list of pending
permit applications which are related to reclamation.
3. A list of other permits which are related
to reclamation and are known to be required.
4. A copy of the Application for Development
Approval and the Development Order, if
applicable.
(2)
Modification to an Approved Conceptual Plan. An operator shall submit
applications for modifications, as needed, for all changes to approved
conceptual plans.
(a) All applications for
modifications shall include the following information:
1. Name of mine.
2. Name of operator.
3. Permit identification code for approved
plan.
4. What modification is
requested.
(b)
Applications for modifications that cover changes relating to areas, except
areas to be deleted, within the currently approved mine boundary shall include
the following additional information:
1. Why
the modification is requested.
2.
What alternatives were considered.
3. Why the requested modification was
chosen.
(c) Applications
for modifications that cover areas to be deleted from within the currently
approved mine boundary shall include the information required in subsection
(1), above, to the extent that the deletion will affect the currently approved
area.
(d) Applications for
modifications that cover areas to be added to the currently approved mine
boundary shall include the information required in subsection (1), above, if
the added area will not affect the currently approved area. However, if the
added area will affect the currently approved area, then the modification
application shall also include the information required in paragraph (b),
above.
(e) Significant changes to
approved conceptual plans are changes that affect or result in a cumulative
change of more than 640 acres or more than 20 percent, whichever is smaller, of
the area covered by the conceptual plan, as originally approved or most
recently modified by the Department.
(f) Changes required by permit conditions or
requirements imposed by other agencies, including federal agencies, shall not
be considered significant when such changes are consistent with the reclamation
standards in Rule 62C-37.008, F.A.C.
(g) Requests for temporary land uses on
approved conceptual plans shall be filed as modifications.
(3) Time schedule changes that are the result
of changes in the rate of mining shall not be considered modifications or
amendments, but shall be reported in the annual report.
(4) An operator shall notify the Department
of any changes of land ownership or operators at a mine within at least 30 days
after such changes.
(5) An operator
shall notify the Department no later than six months after the temporary
cessation and 30 days after the permanent cessation of mining at a
mine.
Rulemaking Authority
378.404,
378.601 FS. Law Implemented
378.404,
378.601
FS.
New 2-22-87, Formerly 16C-37.003, Amended
1-22-02.
