Florida Administrative Code
62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
62C - Division of Resource Management
Chapter 62C-38 - FULLER'S EARTH RECLAMATION REQUIREMENTS
Section 62C-38.008 - Reclamation Standards

Universal Citation: FL Admin Code R 62C-38.008

Current through Reg. 50, No. 187; September 24, 2024

The following standards shall apply to any original surface area that is initially disturbed by mining operations on or after October 1, 1986, and is not covered by an approved conceptual reclamation plan. The standards in Rule 62C-16.0051, F.A.C., as existing on September 30, 1986, shall apply to any area mined or disturbed from July 1, 1975, to October 1, 1986, except where any standard in Rule 62C-38.008, F.A.C., is less strict, then the standard in Rule 62C-38.008, F.A.C., shall apply.

(1) Time Schedules.

(a) All reclamation activities shall, to the extent feasible, be coordinated with fuller's earth extraction and in any event shall be initiated at the earliest practicable time.
1. Contouring shall be initiated and completed on an acreage equivalent to the acreage extracted in the previous calendar year no later than one year after such previous calendar year.

2. The operator may postpone contouring on acres needed for mining operations, upon a demonstration of such need. Contouring shall be completed within one year after mining operations cease in such areas.

3. Revegetation activities shall be initiated as soon as practical and completed no later than one year after the calendar year in which any area became available for revegetation.

4. If mining operations temporarily cease at a mine for more than 24 months, the operator shall:
a. Begin contouring all unreclaimed acres immediately, complete contouring at a rate equal to one-twelfth of the average annual mining rate, and complete revegetation no later than three months after contouring is completed in a given area, or

b. The operator shall post a bond or other surety in an amount and for a time acceptable to the Department, or

c. The operator shall begin reclaiming an equivalent amount of nonmandatory land at the rate specified in sub-subparagraph a., above.

5. If mining operations cease for more than three years at a mine, then all of the requirements of this section shall be met.

6. The requirements of subparagraphs 4. and 5., above, whichever is appropriate, shall be suspended upon the resumption of mining.

7. The initiation and completion dates shall be determined based on information provided in the annual reports and verified by the Department.

(b) Reclamation of the land, including a one-year period of establishment for vegetation after planting, shall be completed within three years of the completion of the mining operations associated with the fuller's earth extraction.

(2) Consistency with Local Governments. Reclamation activities shall be consistent with all applicable local government ordinances at least as stringent as the criteria and standards contained in this section.

(3) Adverse Impact. Reclamation activities shall be conducted in a manner which has no long-term adverse impact on surface and groundwater resources, wildlife, and adjacent lands.

(a) Site cleanup. All lands shall be reclaimed to a neat, clean condition 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. Large rocks and boulders shall be placed at the base of pit walls to the extent practical to provide fill for establishing acceptable slopes; otherwise, they shall be placed in common locations at the surface or buried to a minimum depth of four 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 uses that are compatible with the reclamation goals.

(c) Remaining Natural Resources. The operator shall take care to protect the natural resources within the mine which are not affected by mining of the fuller's earth. Highest priority shall be given to the following concerns:
1. Protection of endangered and threatened species and their habitat.

2. Protection of surface drainage patterns and water quality, including the natural resources and integrity of natural streams and their flood plains.

3. Protection of uplands from erosion, loss of topsoil, and vegetation loss.

(4) Wetlands, Water Bodies, and Drainage.

(a) Drainage systems, wetlands, and other surface waters shall function in manners which are not significantly different from those which existed prior to fuller's earth extraction.
1. Wetlands that are within the conceptual plan area and are affected by mining operations shall be restored at least acre-for-acre and type-for-type.

2. The design of artificially created wetlands and water bodies shall be consistent with good health and safety practices, maximize beneficial contributions within local drainage patterns, provide aquatic and wetland wildlife values, and maintain downstream water quality by preventing erosion and providing nutrient uptake.

3. Water bodies should include a variety of emergent habitats and should not be designed to prevent fluctuating water levels.

4. At least 25 percent of the highwater surface area of each water body shall consist of a zone of fluctuation. In the event the water body cannot be designed to accommodate the required zone of fluctuation, this requirement shall be met by constructing additional wetlands adjacent to and hydrologically connected with the water body.

5. Each water body shall have a shallow water zone inside and adjacent to the zone of fluctuation. Subaqueous slopes in the shallow water zone shall not be steeper than four horizontal feet for each vertical foot from the inner perimeter of the zone of fluctuation to the first occurrence of a depth of six feet below the designed low water line; however, subaqueous slopes may be as steep as three horizontal feet for each vertical foot at the base of reclaimed highwalls. Subaqueous slopes from the inner perimeter of the shallow water zone to the pit bottom shall not be steeper than one horizontal foot for each vertical foot.

6. Slope requirements of the U.S. Army Corps of Engineers or the Department of Environmental Protection under the Warren S. Henderson Wetlands Protection Act of 1984 shall be acceptable when permits have been approved and copies have been provided to the Department.

7. The Department may allow other shoreline treatments to achieve appropriate safety and environmental considerations.

8. Each water body shall have a perimeter greenbelt of vegetation or berm designed to retain the first one inch of runoff. The greenbelt shall consist of tree and shrub species, in addition to ground cover. The berm shall be set back from the edge of the water body so that it does not interfere with the other requirements of paragraph (a).

9. The operator shall restore the original drainage pattern of the area to the greatest extent practical and shall approximate the original watershed boundaries.

10. All waters of the state on or leaving the property under control of the operator shall meet applicable water quality standards of the Florida Department of Environmental Protection.

11. Water within all wetlands and water bodies shall be of sufficient quality to allow recreation or support fish and other wildlife.

(b) Reclamation shall achieve the stormwater requirements of the appropriate water management district.

(5) Contouring.

(a) The final slopes of all reclaimed uplands shall not be steeper than four horizontal feet for each vertical foot, unless a steeper slope existed in that area prior to mining or the reclaimed slope is on a final highwall.
1. In areas where the premining slope was steeper than four to one, the reclaimed slope shall be no steeper than the premining slope.

2. The reclaimed slopes of final highwalls shall be no steeper than three horizontal feet for each vertical foot, unless approved by the Department. The Department's determination shall be based on a slope stability study prepared by a registered engineer experienced in geotechnical engineering and submitted by the operator. The Department shall approve steeper slopes when the study clearly demonstrates the long-term stability of such a slope in that location and the study is consistent with the recommendations in the "Study of Slope Stability for Reclaimed Highwalls in North Florida, " prepared by the University of Florida in 1986, available from the Department and hereby incorporated by reference.

(b) Reclamation and restoration shall result in landforms which are capable of supporting diverse and beneficial land uses.

(6) Erosion. The operator shall use best management practices to minimize erosion, including revegetation.

(a) The use of good quality topsoils is encouraged, especially in areas reclaimed for aquatic or wildlife habitats.

(b) Where topsoil is not used, the operator shall use a growing medium acceptable to the Department for the type of vegetative communities planned.

(c) Where possible, long, continuous slopes should be avoided.

(d) Mulching, contouring, and 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 by a method approved by the Department.

(7) Revegetation.

(a) Reclamation shall provide for the establishment of flora and fauna which are consistent with the intended land use.
1. The operator shall develop a plan for the proposed revegetation, including the species of grasses, shrubs, trees, and aquatic and wetland vegetation to be planted, the spacing of vegetation, and, where necessary, the program for treating the soils to prepare them for revegetation.

2. Except as provided below, all uplands must have an established ground cover for a period of at least one year after planting over 80 percent of the reclaimed upland area, excluding roads, groves, or row crops. Bare areas shall not exceed one-quarter (1/4) acre.

3. All species used for revegetation shall be native to the area, except for grasses that are used to establish a vegetative cover rapidly and help prevent erosion.

4. Forested areas shall be established where consistent with proposed land uses. At a minimum, 10 percent of the upland and littoral zone areas shall be revegetated as forested areas with at least three species of indigenous hardwoods and conifers. Of the total number of trees planted, at least one third must be hardwoods, at least one third must be conifers, and none of the three required species shall constitute less than ten percent. 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.

5. Herbaceous wetlands shall be planted or otherwise treated to achieve a ground cover of at least 50 percent within one year of the initial planting or establishment and shall be protected from grazing, mowing, or other adverse land uses for two years to allow further establishment.

6. Wooded wetlands shall be planted to achieve a stand density of 200 trees per acre within one year of the initial planting.

7. All wetland areas shall be revegetated in accordance with the best available technology.

(b) The plans for revegetation shall incorporate measures to offset wildlife habitat lost as a result of fuller's earth extraction. 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.

(8) Exceptions. Exceptions to the criteria and standards contained in this section may be granted by the Department for experimental or innovative techniques.

Rulemaking Authority 378.404 FS. Law Implemented 378.404, 378.703 FS.

New 3-19-87, Amended 11-29-90, Formerly 16C-38.008, Amended 1-3-02.

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