Current through Reg. 50, No. 187; September 24, 2024
The following standards shall apply to areas mined or
disturbed by mining operations, unless otherwise specified:
(1) Safety.
(a) Site cleanup. All lands reclaimed shall
be completed in a neat, clean manner by removing or adequately burying all
visible debris, litter, junk, worn-out or unusable equipment or materials, as
well as all footings, poles, pilings, and cables. 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.
(a) 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 intended land use.
(b) 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.
(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 of vegetative communities
planned.
(4) Wetlands
which are within the conceptual plan area which are disturbed by mining
operations shall be restored to at least premining surface areas.
(5) Wetlands and Water Bodies. The design of
artificially 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 shall consist of an annual zone of water fluctuation to
encourage emergent and transition zone vegetation. This area will also qualify
as wetlands under the requirements of subsection (4), above, if requirements in
subsection 62C-37.008(9),
F.A.C., are met. 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) At least 20% of the low water surface
area 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 give a high priority to a lake perimeter green belt of vegetation
consisting of tree and shrub species indigenous to the area in addition to
ground cover.
(6) Water
Quality.
(a) All waters of the state on or
leaving the property under control of the taxpayer shall meet applicable water
quality standards of the Florida Department of Environmental
Protection.
(b) Water within all
wetlands and water bodies shall be of sufficient quality to allow recreation or
support fish and other wildlife.
(7) 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.
(8) Waste
Disposal.
(a) Waste disposal areas shall be
reclaimed as expeditiously as possible. Experimental methods which speed
reclamation which are consistent with these rules are encouraged.
(b) To the greatest extent practical, all
waste shall be disposed of in a manner that reduces the volume needed for
disposal.
(c) Above-ground
retention areas shall be reclaimed in a manner so that long-term stabilization
of dams is assured.
(9)
Revegetation. The operator shall develop a revegetation plan to achieve
permanent revegetation, 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 hardwoods
and conifers. 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 will 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.
(10)
Wildlife. The operator shall identify what measures have been incorporated into
the conceptual plan to offset fish and wildlife values lost as a result of
mining activities 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.
(11) Time Schedule.
(a) Each operator shall develop a time
schedule for completion of the reclamation process in the area covered by the
application. The time schedule shall include an estimate of:
1. When removal of heavy minerals 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 the contouring will be started and
when 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. The completion date for waste disposal shall consider the
availability and volume of materials needed.
2. Contouring for all acres mined in a given
calendar year shall be completed no later than 18 months after the end of that
calendar year or 18 months after an area is capable of being contoured when
additional mining operations, such as waste disposal, occur.
3. Revegetation for any given area shall be
completed no later than six months after the required completion of contouring
in that area.
4. Reclamation and
restoration shall be completed within three years of the actual completion of
mining operations, inclusive of a one-year period after planting the required
vegetation to allow for establishment.
5. The completion date for 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 dates shall be the first day of
the appropriate calendar month; completion dates shall be the last day of the
appropriate calendar month.
(12) Exceptions and Innovations. Exceptions
to the standards contained in this section may be granted by the Department for
experimental or innovative techniques.
(13) Remaining Natural Resources. The
operator shall take care to protect the natural resources within the mine which
are not affected by mining of the heavy minerals. Highest priority shall be
given to the following concerns:
(a)
Protection of endangered and threatened species and their habitat.
(b) Protection of surface drainage patterns
and water quality, including the natural resources and integrity of natural
streams and their flood plains.
(c)
Protection of uplands from erosion, loss of topsoil, and vegetation
loss.
Rulemaking Authority
378.404,
378.601 FS. Law Implemented
378.404,
378.601
FS.
New 2-22-87, Formerly 16C-37.008, Amended
1-22-02.
