62C-17.0093. Reclamation Contracts

(1) Reclamation contracts offered Landowners, execution of which shall signify acceptance of the reclamation program as approved, shall be in duplicate, each of which shall for all purposes be considered an original.

(2) Reclamation contracts shall contain all modifications, if any, to the reclamation program which were not contained in the application or agreed to by the Landowner, in writing, prior to the reclamation program application’s approval by the Department. Form DEP-53-012(16) entitled “Reclamation Contract” is incorporated by reference into this rule with the effective date of the rule. Copies of the form may be obtained from the Department.

(3) Landowner executed reclamation contracts shall be returned to the Department within forty-five (45) days from the receipt of the contracts. The date the Department executes the contracts, on behalf of the Department, shall be the effective date of the reclamation program. The notice to proceed on the reclamation program shall be the return of one of the duplicate contracts.

(4) The amount of reimbursement for reclamation activities allowed in the reclamation contract shall be a grant of money equal to the estimated cost of the reclamation program as approved by the Department. In no event, however, shall the grant amount exceed the maximum amounts specified in Rule 62C-17.010, F.A.C.

(5) Within three (3) months of the effective date of the reclamation contract and prior to any physical alteration of the program area or initiating of any dam abandonment procedures, the Landowner shall notify the Department of the date of initiation of reclamation activity. This date of initiation of reclamation shall be the anniversary date of the reclamation program from which the approved stage duration periods will be determined.

(6) Any approved reclamation program for which a reclamation contract has been executed shall be considered abandoned when:

(a) Initiation of reclamation activity does not begin within six (6) months of the effective date of the reclamation contract and the Department has not received and approved a written request for an initiation date time extension,

(b) There has been no physical reclamation activity after the initiation of reclamation for a period of one hundred twenty (120) consecutive days, without prior written approval of the Department, or

(c) The Landowner by act, or omission, or otherwise evidences an intent to not complete the reclamation program.

(7) Funds set aside for reimbursement of any reclamation contract which becomes void for the year approved shall become available for other approved reclamation programs prior to June 1 of that year if the Department elects not to complete the reclamation program.

(8)(a) The Department shall approve, deny, or approve with modifications time extensions, reclamation program modifications or amendments to the reclamation contract upon written request by the Landowner, provided:

1. The Landowner submits appropriate evidence of the necessity for the time extension, modification or amendment and all documentation requested by the Department,

2. The modification constitutes less than twenty percent (20%) of the total work effort under the approved reclamation program, and

3. The modification does not substantially change the original character of the approved reclamation program scheme.

(b) The Department shall approve, deny, or approve with modifications all other reclamation program modifications. Stage duration periods of the reclamation program shall continue to run during the time involved in the time extension, modification or amendment consideration. Should a modification of the reclamation program be approved, the stage duration limits of the amended reclamation program shall be defined with consideration given to the lapsed time involved and the increase/decrease of work effort involved. Should a modification to a reclamation program be approved in which the work previously done pursuant to the original reclamation program be destroyed, the cost of the work destroyed shall not be a reimbursable cost under the reclamation contract.

Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.035, 378.038 FS. History–New 1-10-85, Amended 12-3-85, Formerly 16C-17.093, 16C-17.0093.