62C-36.008. Reclamation Standards

The following standards shall apply to each entire new mine after October 1, 1986, and to any new surface area disturbed after January 1, 1989, at existing mines.

(1) All reclamation activities shall be initiated at the earliest practicable time.

(a) Where overburden is used to eliminate sheer walls, the placement of overburden against any section of sheer wall shall begin as soon as practical after mining operations are no longer taking place along that section, but no longer than six months after overburden becomes available and mining operations are complete. Contouring of the overburden shall be completed no later than six months after the overburden has been placed.

(b) The requirements in subsections (7) and (8) below for treating final shorelines and sheer walls shall be initiated and completed no later than one year after the calendar year in which the length and final location of shoreline or dry sheer wall was established and other mining operations have ceased in such area. The secretary shall waive this requirement for any reasonable length of time when necessary to prevent unacceptable contamination of the resource being extracted.

(c) Revegetation activities shall be initiated as soon as practical and completed no later than one year after the calendar year in which the final contours are established in an area and revegetation activities would not interfere with mining operations.

(d) Reclamation activities through revegetation shall be completed within three years of the final cessation of mining operations at the mine.

(e) If mining operations temporarily cease at a mine for more than 24 months:

1. The requirements of subsections (7) and (8), below, shall begin immediately and be completed at a rate of at least 1000 feet of shoreline or dry sheer wall per three-month period; or

2. The operator shall post a bond or other surety in an amount reasonably related to the cost of completing reclamation and for the period of time the initiation of reclamation will be delayed, both of which shall be acceptable to the secretary; or

3. The operator shall begin reclaiming an equivalent amount of nonmandatory land at the rate specified in subparagraph 1., above.

4. Compliance with the requirements of subparagraphs 1., 2., and 3., above, shall be tolled by the length of time that a temporary cessation results from attempts to obtain necessary permits for operations.

5. The secretary shall waive the commencement of the requirements in subparagraphs 1., 2., and 3., above, for good cause for the length of time necessary, up to a maximum of one year.

(f) If mining operations cease, for whatever reason, for more than five years at a mine, then all of the requirements of this section shall be met. This period shall be extended for a maximum of five years when the cessation of mining is caused by governmental action during the review of environmental permit applications. However, the secretary shall direct the operator to complete those reclamation activities necessary to protect the public health and safety.

(g) When mining occurs in layers, then paragraphs (e) and (f), above, shall apply, if mining of the next lower stratum does not begin within five years after the completion of mining of the previous upper stratum. Revegetation of a lower stratum intended for mining shall be delayed, pending the results of a feasibility study on the ability of such a stratum to be revegetated.

(h) The requirements of paragraphs (e), (f) and (g), above, shall be suspended upon the resumption of mining.

(i) The initiation and completion dates shall be determined based on information provided in the annual reports and verified by the secretary.

(2) 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) Reclamation shall achieve the stormwater drainage, wetlands, and other surface and groundwater management requirements of the Department of Environmental Protection and the appropriate water management district.

(4) Provisions for safety to persons, wildlife, and adjoining property must be provided.

(a) Site cleanup.

1. All lands shall be reclaimed to a neat, clean condition by removing or adequately burying, where allowed by law, all visible debris, litter, junk, worn-out or unuseable equipment or materials, as well as all poles, pilings, and cables.

2. Large rocks and boulders shall be placed at the base of sheer 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) Slopes. The department recognizes that the occurrence of overburden varies widely from mine to mine and that the management of overburden must be based on site-specific plans. Therefore, in addition to providing soil for revegetation purposes, overburden should be utilized to reduce the occurrence of slopes steeper than four horizontal feet for each vertical foot.

(5) The operator shall use the best management practices to minimize erosion.

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

(b) Where topsoil is not used, the operator shall use a soil or growing medium, including amendments, suitable for the type of vegetative communities planned.

(c) 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.

(e) A suitable berm or backsloping shall be used along the tops of sheer walls above any required transition benches to prevent uncontrolled surface runoff over the sheer wall.

(6) Reclamation shall include revegetation, with species native to the area, of littoral zones and upland areas, except that revegetation shall not be required in those areas where revegetation is impractical or not in accordance with good land management practices.

(a) 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.

(b) Except as provided below, all upland must have established ground cover for a period of at least one year after planting over 80 percent of the reclaimed upland area, excluding roads, groves, row crops, or any area that qualifies under paragraph (f), below. No bare area shall exceed one-quarter (1/4) acre.

(c) When consistent with proposed land uses, at least 10 percent of the upland and littoral zone areas shall be revegetated as forested areas with a variety of indigenous hardwoods and conifers. An area will be considered to be forested if a stand density of 200 trees per acre is achieved one year after planting. When forestation is not consistent with proposed land uses, one-gallon, containerized trees shall be planted on the upland and littoral zone areas. One containerized tree shall be planted for each acre of upland and littoral zone; however, the density and distribution shall be at the discretion of the operator. This latter requirement shall be met when at least 80 percent of the containerized trees are living one year after planting.

(d) Sheer walls are not subject to the revegetation requirement.

(e) Transition shelves required under paragraph (7)(c), below, shall be revegetated with perennial grasses.

(f) Revegetation shall not be required in those areas where revegetation is impractical or not in accordance with good land management practices. Such areas shall be identified by the operator in the conceptual plan. In addition to identifying these areas, the operator shall provide the basis for considering such areas to be qualified under this paragraph.

(g) Water body shorelines shall be revegetated with a variety of native littoral zone species.

(7) Extraction which results in a water body shall provide one of the following shoreline treatments:

(a) A littoral shelf not less than 18 feet in width with a berm on the waterward side. The shelf shall not be more than one foot below the design average low water level or higher than one foot below the average water level. The elevation of the top of the berm shall not be higher than one foot above the average high water level and the berm shall be cut every 200 feet to allow exchange of water at low water levels. Such cuts shall be at least 10 feet wide at the top of the berm and at least two feet wide at the base of the berm.

(b) A straight slope not steeper than 1 vertical to 3 horizontal, and extending downward from average water level to 6 feet below the average water level.

(c) Where a sheer wall results, then in lieu of a shoreline treatment, access shall be controlled by the use of berms, fences, or other restrictive methods acceptable to the department, all of which shall be used in conjunction with a transition shelf of at least 10 feet in width that shall be constructed five feet below the top of such sheer walls.

(d) 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 secretary.

(e) The secretary shall allow other shoreline treatments that are consistent with the safety and environmental considerations of this rule and shall consult with other appropriate governmental agencies in making his determination.

(8) Where a dry sheer wall results, access shall be controlled by the use of berms, fences, or other restrictive methods, all of which shall be used in conjunction with a transition shelf of at least 10 feet in width that shall be constructed five feet below the top of such sheer walls.

Specific Authority 378.404 FS. Law Implemented 378.404, 378.503 FS. History–New 7-16-87, Formerly 16C-36.008.