62C-16.0021. Definitions

For the purpose of this chapter, the following words and terms shall have the definitions and meanings ascribed to them in this section:

(1) “Annual Mining and Reclamation Report” means a report, including maps and aerial photographs, submitted for each mine, which describes and delineates mining operations, reclamation and restoration activities undertaken in the previous calendar year. The report shall also include an estimate of proposed mining, reclamation and restoration activities that the operator intends to carry out during the current year.

(2) “Applicant” shall mean the person or agent authorized by the operator to make application to the bureau pursuant to this rule.

(3) “Calendar year” shall mean January 1st through December 31st.

(4) “Bureau” shall mean the Department Bureau of Mine Reclamation, 2051 East Dirac Drive, Tallahassee, FL 32310-3760.

(5) “Conceptual reclamation plan” or “conceptual plan” shall mean a graphic and written description of general activities to be undertaken across the whole mine to comply with the reclamation standards contained in this chapter.

(6) “Department” shall mean the Department of Environmental Protection.

(7) “Disturbance” shall mean those activities in which an operator engages to modify the land surface to conduct mining operations within a reclamation parcel.

(8) “Indigenous species” shall mean species native to the region of Florida in which the reclamation and restoration activities are to be undertaken.

(9) “Mine” shall mean an area of land on which mining operations have been conducted, are being conducted, or are planned to be conducted, as the term is commonly used in the trade.

(10) “Mining” or “Mining Operations” shall mean those physical activities other than prospecting and site preparation, which are necessary for extraction, waste disposal, storage, or dam maintenance prior to abandonment.

(11) “New mine” shall mean a mine for which the operator first became obligated to pay a severance tax for the extraction of phosphate rock therefrom after July 1, 1975.

(12) “Operator” shall mean the person engaged, or seeking to be engaged, in the extraction of phosphate rock or any other person who is obligated to reclaim mined lands pursuant to Section 211.32(1), F.S. For the purposes of Rule 62C-16.0075, F.A.C., relating to financial responsibility, “operator” includes a parent, its subsidiary, or division.

(13) “Overburden” shall mean all soil and rock removed to gain access to the phosphate in the process of extraction and shall mean such soil or rock before or after its removal.

(14) “Prior to Mining or Mining Operations” shall mean the condition of the mine area at the time of its initial inclusion in a conceptual plan submittal.

(15) “Reclamation” shall mean the reshaping of lands in a manner which meets the reclamation standards, including revegetation, contained in this chapter.

(16) “Reclamation parcel” shall mean a division within the mine boundary based on surface hydrology, unless another basis of division is otherwise approved by the Department, and identified in the conceptual reclamation plan. Previously approved reclamation programs and logical reclamation units shall constitute reclamation parcels.

(17) “Restoration” shall mean the recontouring and revegetation of lands in a manner, consistent with the criteria and standards established under this chapter, which will maintain or improve the water quality and function of the biological systems present at the site prior to mining or mining operations. In requiring restoration of an area, the Department must recognize technological limitations and economic considerations. For example, restoration shall be considered accomplished when immature trees are used; mature trees are not required to be replanted in areas where mature trees were removed to allow for mining.

(18) “Revegetation” shall mean, in reclaimed areas, a cover of vegetation consistent with the standards established pursuant to this chapter and consistent with the land form created and the future land uses. In restored areas, it means a cover of vegetation that is designed to return the restored area to a condition that maintains or improves the function of the biological system present at the site prior to mining or mining operations.

(19) “Secretary” shall mean the Secretary of the Department of Environmental Protection.

(20) “Site Preparation” shall mean those physical activities involving clearing or modification of the land surface conducted before initiating mining or mining operations, excluding prospecting, or agricultural practices or agricultural activities that are not initiated to directly serve future mining operations.

(21) “Temporary land use” shall mean any use of lands under reclamation or restoration after contouring is complete, but before release, that is necessary for the mining operation or other reclamation or restoration activities within the mine.

(22) “Waste” shall mean all earth materials, exclusive of the phosphate being mined for sale, removed from the acres mined and requiring some means of disposal. This shall only include wastes generated by mining or benefaction of the phosphate.

(23) “Wetlands” shall be defined as in Section 373.019(22), F.S.; and their occurrence and limits shall be determined in accordance with the methodology contained in Chapter 62-340, F.A.C.

Rulemaking Authority 378.205 FS. Law Implemented 211.32, 373.019, 373.421, 378.203 FS. History–New 10-6-80, Formerly 16C-16.021, Amended 2-22-87, Formerly 16C-16.0021, Amended 5-28-06.