62C-16.0041. Conceptual Plans and Modifications

Each conceptual plan application and conceptual plan modification application shall describe in writing and graphically, as required by the Department, the activities which are the subject of the application.

(1) Conceptual plan. A conceptual plan application shall:

(a) Describe the location, areal extent, and ownership of the mine, including proposed reclamation parcels.

(b) Classify all lands within the mine as mined before July 1, 1975, disturbed before July 1, 1975, mined or to be mined after June 30, 1975, disturbed or to be disturbed after June 30, 1975, or to remain undisturbed by mining operations.

(c) Describe the status of all lands mined or disturbed by mining operations before July 1, 1975.

(d) Describe the geology, topography, drainage, vegetative communities and associated fauna, and land uses within the mine prior to mining or mining operations, or site preparation, whichever occurs first.

(e) Describe, as existing prior to mining or mining operations and site preparation, the presence and habitat 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.

(f) Describe the mining, waste disposal, and reclamation and restoration plans.

(g) Describe the quantities, by weight and volume, of earth materials to be considered in planning the reclamation and restoration activities.

(h) Describe post-reclamation and restoration stratigraphy, topography, drainage, vegetative communities and associated fauna, and land uses.

(i) Describe permits required for mining or reclamation and restoration activities.

(j) Describe how the natural resources will be preserved and conserved in areas to remain undisturbed.

(k) Provide approximate completion dates, based on mine-years, for mining, waste disposal, and reclamation and restoration activities.

(2) Conceptual plan modification. All reclamation and restoration activities shall be carried out as approved; however, when it becomes apparent or is anticipated that a modification in an approved conceptual plan is needed, the operator shall inform the Department that a modification to the conceptual plan is needed and obtain approval before proceeding with the change. The Department shall approve any complete application for a conceptual plan modification that meets the standards of Section 62C-16.0051, F.A.C. A conceptual plan modification shall:

(a) Describe which part or parts of an approved conceptual plan will be modified.

(b) Describe the modification.

(c) Explain why the modification is requested.

(3) Field changes. The following activities listed in Reclamation Form No. 6 shall not constitute a change requiring a conceptual plan modification but shall be reported to the Department by the operator on Reclamation Form No. 6 for approval by the Department as a field change:

(a) Change in post-reclamation upland land form within Level II of the Florida Land Use, Cover and Forms Classification System (FDOT 1999), as incorporated by reference herein;

(b) Change to temporary land use;

(c) Change in upland revegetation location;

(d) Change in the boundary or shape of a land form without changing the general location within the reclamation parcel, provided the number of wetland acres within the same parcel is not reduced and the intended function of the biological system is maintained; and

(e) Reclamation schedule changes that are the result of changes in the rate of mining.

Prior Department notification shall not be required before the operator undertakes an activity listed in Reclamation Form No. 6; instead, the operator shall report such activities to the Department for approval on a quarterly basis in conjunction with the quarterly inspection. The Department shall approve any change listed in Reclamation Form No. 6 that does not alter the character of the reclamation parcel as originally approved and that meets the standards of Rule 62C-16.0051, F.A.C. If the Department does not approve the field change, then the operator must reclaim the site in accordance with the approved conceptual plan or obtain a modification to the conceptual plan.

(4) Activities not requiring Department approval. Movement of internal roadways or changes in the reclamation time table of one year or less that are the result of a change in the rate of mining within a reclamation parcel shall not require a conceptual plan modification or Department approval; instead, the operator shall notify the Department in the Annual Mining and Reclamation Report.

Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.205 FS. History–New 10-6-80, Formerly 16C-16.041, Amended 2-22-87, Formerly 16C-16.0041, Amended 5-28-06.