62C-16.0067. Inspections

(1) All authorized representatives of the Department, on presentation of appropriate credentials to the operator, or its authorized representative, shall have the right of entry to, on, or through all lands subject to this chapter.

(2) Inspections shall occur on an irregular basis at a frequency necessary to insure compliance with the provisions of these rules. The Department shall make at least quarterly inspections of all reclamation parcels where a disturbance has commenced and shall make a final inspection for purposes of certifying completion of reclamation and restoration.

(3) Inspections shall occur only during normal office hours, if practical. Inspectors shall give the operator notice of the proposed inspection and shall allow the operator the opportunity to provide appropriate personnel to accompany the inspector while on the operator’s premises.

(4) The Department shall make an initial inspection of each conceptual plan area.

(5) The Department shall inspect each approved conceptual plan area at least once every year to verify the status of lands within the mine.

(6) Inspections may consist of:

(a) On-the-ground inspections of the affected land.

(b) Taking photographs for official use by the Department.

(c) Taking and removing samples of soil, vegetation, water, waste products, or material mined.

(d) Inspection of environmental monitoring installations and data relating to the reclamation and restoration.

(e) Review of maps and monitoring data.

(7) A copy of the Field Inspection Report will be provided to the operator.

(8) Inspection of premining conditions and Notice of Disturbance.

(a) The operator shall provide a Notice of Disturbance to the Department at least 30 days, but no more than one year, prior to initiating a disturbance in each reclamation parcel. If notice was given and the disturbance was postponed for more than one year after notification, the operator shall submit an updated notice at least 30 days prior to initiating a disturbance.

(b) The Notice of Disturbance shall identify:

1. The area to be disturbed by section, township, and range.

2. The type of disturbance, including identification of the type of mining operation.

3. The approximate time schedule (month/year) for each type of mining operation, and reclamation activity.

4. The number of acres subject to each type of mining operation, and reclamation activity.

5. Environmental Resource Permit (ERP) or Wetland Resource Permit (WRP) obtained or sought.

6. Post-reclamation land use.

(c) The Department shall make an inspection of each reclamation parcel prior to disturbance.

(9) Reclamation parcel boundaries shall be marked as follows:

(a) As soon as practical after reclamation and restoration activities have begun, the operator shall clearly mark and maintain the boundaries of a reclamation parcel area so that they are clearly identifiable until the release of the reclamation parcel. This shall not be construed to require a survey of the reclamation parcel boundary by a registered land surveyor.

(b) No markers shall be required where natural or man-made features, such as roads, railroads, dams, fences, streams, or distinct vegetation clearly delineate the boundary.

(c) Where markers are required, they shall be placed at each corner or inflection in the boundary and at least two markers, the last marker and the next marker, shall be visible from any given marker.

(d) Required markers shall be maintained on each reclamation parcel area through release.

Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.205, 378.209 FS. History–New 10-6-80, Formerly 16C-16.067, Amended 2-22-87, Formerly 16C-16.0067, Amended 5-28-06.