62C-17.009. Applications

The Department acknowledges that a significant number of Landowners have received approval of reclamation plans. The approval of reclamation plans, which are strictly conceptual in nature and not a precondition to reclamation program approval, does not offer any additional priority to reclamation program applications filed subsequent to these approved plans. In order to evaluate the extent of reclamation proposed, and the landforms proposed to result from the reclamation as early as possible; to evaluate acquisition proposals; to establish eligibility; to provide an estimate of reclamation cost; and otherwise assist the Landowner in submitting a reclamation program application prior to consideration by the Committee, applications for participation in the Nonmandatory Land Reclamation Program may be submitted in two stages – a prereclamation application and a reclamation program application.

(1) A prereclamation application shall be made on forms provided by the Department or in a manner which will clearly document the information required on the forms. Form DEP 53-010(16) “Prereclamation Application” is incorporated by reference into this rule with the effective date of November 1985. Copies of the form may be obtained from the Department.

(2) Landowners shall include their entire eligible ownership in any prereclamation application. In those instances where a Landowner’s prereclamation application encompasses less than a whole parcel and less than the Landowner’s ownership within that parcel, the prereclamation application shall identify any other anticipated reclamation program(s) for the remainder of his land in the parcel. In those instances where a Landowner’s prereclamation application contains more than one anticipated reclamation program, the Landowner shall identify his preferred priority for submitting the reclamation programs and the preferred year for submittal of each program application.

(3) The estimated cost of reclamation of each proposed reclamation program in each prereclamation application shall be developed by the Department using historical cost data from prior approved reclamation programs. This information will be made available to assist the Landowner in submitting a reclamation program application.

(4) The Department’s review of the prereclamation application is nonbinding in regards to the approval and funding of reclamation programs.

(5) Landowners shall reclaim all nonmandatory lands which were put into use as clay settling areas after July 1, 1975, and on or before July 1, 1984, under the Nonmandatory Land Reclamation Program. Landowners shall submit reclamation program applications within one hundred eighty (180) days after the land ceases to be used as a clay settling area. The requirements of this subsection are expressly contingent upon the availability of sufficient funds in the Nonmandatory Land Reclamation Trust Fund.

(6) Landowners should submit reclamation program applications to the Department by July 1 to allow sufficient time to review the application for completeness before November 1. All applications which are complete by November 1 will be evaluated and considered for funding.

(7) Within forty-five (45) days after initial receipt of a reclamation program application, the Department shall review each application and shall request submittal of all additional information necessary to complete the application. Within thirty (30) days after receipt of such additional information, the Department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. The Landowner shall be notified when his application is deemed complete or incomplete.

(8) Applications shall be made on forms provided by the Department. The Landowner shall submit a copy of the completed application which shall include all the information, certifications, aerial photographs, drawings, and reports certified by an engineer and/or surveyor registered to practice in the State of Florida, as applicable. Each application shall be signed and bear the seal of an engineer registered to practice in the State of Florida, except those applications involving only donation or purchase of nonmandatory lands. Form DEP 53-011(16) “Reclamation Program Application” is incorporated by reference into this rule effective April 1990. Copies of the form may be obtained from the Department.

(9) Each reclamation program application shall include a current list of names and mailing addresses of all adjacent Landowners within the parcel or within one hundred (100) feet of the program’s boundaries. The Department shall notify each identified adjacent Landowner of the application. In those instances where objections to said application are offered by an adjacent Landowner, the Department will notify the adjacent Landowner by certified mail of the date that the reclamation program application is to be submitted to the Committee so that the adjacent Landowner may attend the meeting to present objections to the Committee for consideration.

(10) Each application shall include a statement from the appropriate local government(s) that the proposed reclamation is consistent with the Local Comprehensive Plan and the Comprehensive Regional Policy Plan, adopted pursuant to Chapter 186, F.S.

(11) In order to achieve the standards and criteria of Rule 62C-17.008, F.A.C., and to facilitate the extra or special earthmoving or vegetation planting required for a specific land use planned by the Landowner which does not conflict with the Local Comprehensive Plan or the Comprehensive Regional Policy Plan adopted pursuant to Chapter 186, F.S., the Department shall consider reclamation programs which will result in reclamation of units of eligible land for specific land uses, with additional earthmoving and vegetation plantings occurring during reclamation under the following circumstances:

(a) Reimbursement of the Landowner’s cost of reclamation from the Nonmandatory Land Reclamation Trust Fund shall not be more than the maximum reimbursable reclamation cost pursuant to Rule 62C-17.010, F.A.C., to achieve the standards and criteria of Rule 62C-17.008, F.A.C.

(b) The estimated cost of the reclamation to achieve the standards and criteria of Rule 62C-17.008, F.A.C., shall be identified and agreed upon by the Landowner and Department prior to approval of the reclamation program. No funds from the Nonmandatory Land Reclamation Trust Fund shall be granted to reimburse any of the additional work effort.

(c) The application for a reclamation program shall set forth the total effort proposed by the Landowner including estimated cost and identification of the additional work to achieve reclamation for a specific use.

(d) The additional work effort shall be confined to earthmoving, earthen retaining structures, preparation for planting and cultivation of agriculture or silviculture crops, or additional vegetation which for reasons of efficiency and economy can be accomplished simultaneously.

(e) The Landowner shall maintain cost records which clearly set forth and separate the costs of eligible reclamation work for reimbursement and that additional work required for the specific use planned.

(f) The costs of water control structures, required as a condition for approval of a permit from a regulatory agency of the State of Florida or any other agency having jurisdiction over the application site, are reimbursable upon proof by the Landowner that the structure is required. The cost of artificial structures required to convey water from elevated clay surfaces to lower elevations may be reimbursable in those instances where it is necessary to prevent erosion. Structures should be designed to be as naturally appearing as possible. No other permanent structural work nor additional vegetation plantings will be included in the eligible reimbursable cost (examples – retainer walls, compaction costs, agricultural or silvicultural crops).

(g) Additional work effort performed shall conform to the standards and criteria of Rule 62C-17.008, F.A.C.

(h) All work to be performed on the program site shall be included in the reclamation program application.

(i) Inspections, including final inspections, shall evaluate the entire work performed.

(j) In order to provide a means for the Landowner to achieve an agricultural land use involving the planting of agricultural crops and silvicultural crops, the Landowner must request, at the time of application, a waiver of the revegetation and establishment requirements of this rule to permit the immediate agricultural or silvicultural use. Agricultural and silvicultural plantings will be done at the Landowner’s expense. Earthmoving costs in excess of minimum standards will be at the Landowner’s expense, and must be identified in the application. If the Landowner does not anticipate utilizing the entire program or parcel for the agricultural or silvicultural use then that portion which is not in agricultural or silvicultural use must conform to all standards and criteria based on the acreage not utilized for agricultural or silvicultural use. The request for a waiver of the revegetation and establishment stages does not include pastures as an agricultural use. A Landowner must utilize at least ninety percent (90%) of the program upland acreage for agricultural enhancement. Those reasonable costs for soil amendments, in agricultural or silvicultural applications, are reimbursable when the revegetation and establishment stages are waived. All additional work effort shall be accomplished within the maximum stage duration limits set forth in these rules. It is the intent of these rules that the extra work effort is in addition to, and not in lieu of, the efforts necessary to meet the standards and criteria of Rule 62C-17.008, F.A.C.

(12) In order to assure that the use of fill material from off-site sources will not adversely impact the reclamation of the off-site sources, the owner of the sources of the fill material must certify to the Department and the Department must be satisfied that the fill material to be used is absolutely surplus to the needs of the off-site source. This certification, when applicable, shall be included in the reclamation program application.

(13) Beginning with the funding for the 1985-86 year, the Department shall, by February 1 of each year, present to the Committee for its consideration the two prioritized lists required by subsection 62C-17.005(2), F.A.C., of the applications received by the preceding November 1. These lists shall include the Department’s recommendation and an estimate of the cost of each reclamation program or land acquisition.

(14) The Committee shall recommend to the Department approval, modification, or denial of reclamation program applications, associated cost estimates, and the Department’s recommended prioritized lists. The Committee’s recommendations on the prioritization shall be based on the criteria contained in Rule 62C-17.005, F.A.C.

(15) The Committee’s recommendations shall be submitted to the Department by April 1 for final agency action by June 1 of each year. The Department shall approve, in whole or in part, the list of reclamation program applications in the order of priority in which such reclamation program applications are presented.

(16) The Department shall notify, in writing, the Landowners and appropriate local governmental entities of the Department’s final agency action on the list of reclamation program applications. Within thirty (30) days of final agency action, the Department shall offer reclamation contracts to each Landowner who received an approval in the order on the priority list to the extent that funds are available for that year. Each applicant shall have thirty (30) days from receipt of the contracts in which to execute the contracts. If the contracts are not executed within the thirty (30) days after receipt, the application shall be removed from the approved list for the current year. Reclamation contracts for additional approved programs may be offered if sufficient funds are available.

(17) Beginning in 1985, reclamation contracts may not be executed and available funds may not be committed after June 30 of the year for which a reclamation program application is approved by the Department.

(18) After receiving the approval of the Department, each reclamation program application for the acquisition of land shall be transferred to the Division of State Lands, which shall acquire the lands in compliance with acquisition procedures of Section 253.025, F.S.

(19) All approved reclamation program applications which are not funded shall be considered by the Committee at its next meeting called for the purpose of approving and prioritizing applications, together with other reclamation program applications received by November 1 of that calendar year, provided a written request for consideration is received from the Landowner by the Department by July 1 of the same calendar year. Supplemental requests by the Department for additional information may be made to update the application. Substantial changes in the program may necessitate the submittal of a new application.

Rulemaking Authority 378.021, 378.034, 378.038 FS. Law Implemented 378.021, 378.034 FS. History–New 3-24-84, Amended 1-10-85, 12-3-85, Formerly 16C-17.09, Amended 6-13-91, Formerly 16C-17.009, Amended 5-9-13.