Florida Regulations 62C-37.008: Reclamation Standards
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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. History-New 2-22-87, Formerly 16C-37.008, Amended 1-22-02.
(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. History-New 2-22-87, Formerly 16C-37.008, Amended 1-22-02.