62C-16.0051. Reclamation and Restoration Standards

This section sets forth the minimum criteria and standards for approval of a conceptual plan or modification application.

(1) Safety.

(a) Site cleanup. All lands reclaimed shall be completed in a neat, clean manner by removing or disposing of all visible debris, litter, junk, worn-out or unusable equipment or materials, as well as all footings, poles, pilings, and cables in conformance with the requirements of subsection (9) of this section. 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. 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 use desired.

(a) 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.

(b) The operator shall inform the Department of the nature and an estimate of the amount of strata planned to be removed during mining operations that is unsuitable for general reclamation use because of its potential hazard to the health and safety of the general public. Material of this type that occurs naturally within the general mine site shall be replaced in the mine cut beneath all other backfill material. Any material that is not naturally occurring within the general mine site shall be disposed in accordance with the provisions of paragraph 62C-16.0051(9)(c), F.A.C.

(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 vegetative communities planned.

(4) Wetlands within the conceptual plan area that are disturbed by site preparation or mining operations shall be restored at least acre-for-acre and type-for-type. At a minimum, type-for-type shall mean restoration at least to Level II of the Florida Land Use, Cover and Forms Classification System (DOT 1999) (FLUCCS), as incorporated by reference herein. When using FLUCCS, the following shall apply: wetlands on the site shall be given a 600 prefix; natural streams shall be designated as 511; ditched or otherwise channelized natural streams shall be designated as 512; a ditch through a wetland area shall be designated as 513; and a ditch cut through uplands shall be designated as 514. Non-wetland flood plain areas that are designated as other surface waters in accordance with Rule 62-340.600, F.A.C., shall be given the appropriate upland land use cover classification with a suffix of “O” indicating “other surface waters.” Furthermore, restoration shall be designed to reflect the biological structure and hydrology of the wetland community that was disturbed, but shall not require total replication of the previous wetland vegetation.

(5) Surface waters other than wetlands, as identified and delineated pursuant to Rule 62-340.600, F.A.C., within the conceptual plan area that are impacted by site preparation, mining or mining operations shall be restored based upon the type of natural systems present at the time of submittal of the conceptual reclamation plan application, e.g., natural streams, natural lakes (including ponds) and non-wetland flood plains. When wetland communities are directly associated with other surface waters, restoration of such wetland communities shall be integrated into the restoration of the surface waters. Natural lakes (including ponds) and non-wetland flood plains shall be restored at least acre-for-acre and type-for-type. However, non-wetland flood plains may be restored as wetlands provided the floodplain functions of the system are maintained or improved. Natural streams include streams that have been subjected to man-made or man induced alteration or replacement of the historic flow channel, including but not limited to channelization, canalization, or flow modifications. Natural streams do not include man-made or man induced tributaries or channel extensions beyond the lateral or upstream boundary of the historic stream channel when such do not represent a direct modification of or replacement for the flows of the historic channel. Natural streams shall be restored based upon at least replacement of the linear footage of the stream impacted, as it existed at the time of conceptual plan submittal. Therefore, when a natural stream has been subjected to previous alteration that replaces the function of the historic channel, the length of channel requiring restoration shall reflect the existing condition, at the time of conceptual plan submittal, and not the pre-alteration condition of the stream. However, when the impact is to an altered segment of a natural stream between existing unaltered segments, and that impact consists of mining operations that include excavation of the overburden underlying the stream segment, the entire length between the segments must be restored as a natural stream. If the impact consists only of stream crossings, then the restoration need only reflect the existing condition of the stream segment. Restoration of natural streams shall be designed to conform the length of a restored stream to at least Rosgen Level II channel classification in the basin as needed to meet the definition of restoration in Rule 62C-16.0021, F.A.C., considering the historic and reclaimed landscapes as determined using Applied River Morphology (Rosgen 1996), as incorporated by reference herein, or other comparable classification system approved by the Department, unless mitigating factors indicate that restoration of previously modified streams as a different type of lotic system would produce better results for the biological system and water quality. Other than altered natural streams, as previously noted, restoration shall not be required for artificial surface waters that are not wetlands, constructed in areas that would otherwise be uplands.

(6) Wetlands and Water Bodies. The design of 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 other than streams shall consist of an annual zone of water fluctuation to encourage emergent and transition zone vegetation. If the area meets the definition of a wetland in Rule 62C-16.0021, F.A.C., then it will also meet the requirements of subsection (4) above. 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) Other than streams, at least 20% of the low water surface 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 provide a perimeter greenbelt of vegetation consisting of tree and shrub species indigenous to the area in addition to ground cover. The greenbelt shall be at least 120 feet wide and shall have a slope no steeper than 30 feet horizontal to one foot vertical.

(7) Water Quality.

(a) All waters of the state on or leaving the property under control of the operator shall meet applicable water quality standards of the Department.

(b) Water within all wetlands and water bodies shall be of sufficient quality to maintain their designated use as defined in Rule 62-302.200, F.A.C.

(8) 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. Temporary roads shall be returned at least to grade where their existence interferes with drainage patterns.

(9) Waste Disposal.

(a) Clay Wastes.

1. Disposal areas shall be reclaimed as expeditiously as possible. Experimental methods which speed reclamation and which are consistent with these rules are encouraged.

2. To the greatest extent practical, all waste clays shall be disposed in a manner that reduces the volume needed for disposal.

3. Above-ground disposal areas shall be reclaimed in a manner so that long-term stabilization of retention dikes and dams is assured.

4. Waste clays shall be disposed in a manner which minimizes the length of time waste disposal sites are needed for mining operations, reduces the impact on drainage patterns and premining topography, and considers post-reclamation land use potential.

(b) Sand Tailings.

1. Sand tailings should not be permanently spoiled above natural grade unless needed to meet regulatory or environmental requirements.

2. The operator shall give highest priority to the use of sand tailings for backfilling mine cuts. This priority shall not exclude the use of sand clay mix in reclamation when approved by the Department. Sand tailings shall not be permanently disposed or deposited within, or used for the construction of, clay settling areas unless authorized by the Department.

(c) Solid Waste.

1. Solid waste that is generally considered to be not water soluble and non-hazardous in nature, and that is generated as a result of mining operations may be disposed on-site during reclamation in accordance with any applicable permit conditions. Such waste includes steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, as well as rocks, soils, tree remains, trees, and other vegetative matter.

2. Solid waste that could create a public nuisance or adversely affect the environment or public health, such as garbage, white goods, automotive materials including batteries and tires, petroleum products, pesticides, solvents, or hazardous substances, shall be managed in accordance with the requirements of Chapter 62-701, F.A.C.

3. Solid waste that is a hazardous waste shall be managed in accordance with the requirements of Chapter 62-730, F.A.C.

4. In no case shall solid waste be disposed in any natural or artificial body of water, including groundwater. Clean debris may be used as fill material in any area, pursuant to Sections 403.703(33) and 403.707(2)(f), F.S.

(10) Revegetation. The operator shall develop a revegetation plan to achieve permanent revegetation, which will 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 tree species. 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 shall 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.

(11) Wildlife.

(a) The operator shall incorporate measures into the conceptual plan or conceptual plan modification to offset fish and wildlife values lost as a result of mining operations 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.

(b) The operator may designate specific locations within the mine as “Wildlife Areas” and include a plan for reclamation and management for sites so designated. Slopes, revegetation, and erosion control requirements may be modified by the Department in such areas on a case-by-case basis where such changes will benefit the overall plan for the propagation of wildlife.

(12) Time Schedule for Reclamation Parcels.

(a) Each operator shall develop a time schedule for completion of the reclamation process in the area covered by a reclamation parcel. The time schedule shall include an estimate of:

1. When removal of phosphate rock 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 contouring will be started and 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. Waste disposal on other sites shall also be completed as soon as practical. The completion date for waste disposal shall consider the availability and volume of materials needed.

2. Contouring for all acres mined shall be completed no later than 18 months after an area is capable of being contoured. When additional mining operations, such as waste disposal, occur in a mined area, then contouring shall be completed no later than 18 months after an area is capable of being contoured. If contouring is needed on lands that are disturbed by mining operations, but not mined, then contouring on such lands shall be completed no later than the end of the year following the year in which mining operations ceased on such lands.

3. Revegetation shall be completed as soon as practical after each acre is contoured, but no later than six months after contouring is required to be completed. The Department may allow a later completion date upon a showing of good cause.

4. Reclamation and restoration shall be completed within two (2) years of the actual completion of mining operations, exclusive of the required growing season to ensure the growth of vegetation, except that where sand-clay-mix or other innovative technologies are used, the Department may specify a later date for completion. The required completion date may vary within a reclamation parcel, depending upon the specific type of mining operation conducted.

5. The completion dates for each phase of the 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 and completion dates should be specified by month and year only with initiation being the first day of the month and completion being the last day of the month.

7. The actual completion dates for contouring, revegetation, and the period of establishment shall be based on information provided in the annual reports, as required by Rule 62C-16.0091, F.A.C., and verified by the Department.

(13) Exceptions and Innovations. In order to encourage the development of new technology that will hasten reclamation or improve the quality of restored lands, the Secretary may grant a variance to any of the requirements of Rule 62C-16.0051, F.A.C., to accommodate experimental or innovative techniques when the technology is not proven.

Rulemaking Authority 378.207 FS. Law Implemented 211.32, 378.207, 378.209 FS. History–New 10-6-80, Amended 7-19-81, Formerly 16C-16.051, Amended 2-22-87, Formerly 16C-16.0051, Amended 2-19-02, 5-28-06.