62C-38.003. Notice of Intent to Mine Required

(1) No operator may begin the process of resource extraction at a mine without notifying the department of the intention to mine, if the mine had not been in operation on or before January 1, 1987. Notices shall be provided at least six months prior to beginning mining operations and shall be submitted by executing Form 1, as identified in Rule 62C-38.014, F.A.C. Notices shall include the following information to allow documentation, review, and evaluation of reclamation plans and to allow determination of compliance with approved plans and cross sections:

(a) General information. The following general information shall be provided so that the department may contact the appropriate affected parties, as needed, and determine if a notice is required:

1. Operator’s name, mailing address, business location address, and phone number.

2. Name of parent company, corporation, etc., mailing address, business location address, and phone number.

3. Mine name, mailing address, business location address, and phone number.

4. Authorized agent’s name, mailing address, business location address, and phone number.

5. The names and addresses of landowners other than the operator within the mine.

6. Date mining operations began or are to begin at this mine.

7. County or counties in which mine is located.

(b) Conceptual reclamation plan. The following information shall be provided to allow the department to evaluate the operator’s recognition of, general understanding of, and ability to comply with the reclamation performance standards in Rule 62C-38.008, F.A.C. A conceptual reclamation plan shall include:

1. A separate map for each of the seven listed items that shall show the:

a. Site plan, acreage, and location by county, township, range, and sections.

b. Premining topography and drainage. U.S. Geological Survey topographic data shall be acceptable for this requirement.

c. Premining vegetation, including the acreage for each category. At a minimum, the following categories shall be shown: forested uplands, nonforested uplands, roads, lakes, streams, forested wetlands, and nonforested wetlands.

d. Total area to be mined and disturbed. Disturbed but not mined areas shall be identified separately. This map shall also show the areas projected to be mined or disturbed through the end of the first calendar year in which the mine begins operating.

e. Overburden thickness and depths to which mining will occur.

f. Postreclamation topography, drainage, and structures.

g. Postreclamation vegetation, including the acreage for each category. At a minimum, the following categories shall be shown: mixed-forest uplands, other forested uplands, nonforested uplands, roads, lakes, streams, forested wetlands, and nonforested wetlands.

2. Cross sections that show:

a. The premining stratigraphy.

b. The design of reclaimed highwalls, wetlands, and water bodies.

3. A general discussion of the mining operations and reclamation activities, including how each of the performance standards in Rule 62C-38.008, F.A.C., will be met.

4. An estimated time schedule for reclamation.

5. The estimated life of the mine.

6. A list of approved permits. This shall include copies of any dredge and fill permits approved by the U.S. Army Corps of Engineers or the Florida Department of Environmental Protection.

7. A list of pending permit applications which are related to reclamation.

8. A list of other permits which are related to reclamation and are known to be required.

9. A copy of the Application for Development Approval and the Development Order, if applicable.

(2) Prior to submitting any information required by subsection (3) below, all operators of mines that were operating on or before January 1, 1987, shall provide the department with a map of each mine that:

(a) Shows the boundary of each mine and the limits of mining within it as of October 1, 1986.

(b) Identifies all mined and disturbed areas as:

1. Mined or disturbed prior to July 1, 1975.

2. Mined or disturbed from July 1, 1975 to October 1, 1986.

3. Mined or disturbed from October 2, 1986 through January 1, 1987.

4. Mined or disturbed after January 1, 1987.

(c) Meets the map standards in Rule 62C-38.004, F.A.C.

(3) Within 30 days of the effective date of this chapter, all operators of mines that continued or began operations after October 1, 1986, who do not have conceptual plans for reclamation on file with the department shall provide the information required in paragraph (1)(a) above and a conceptual reclamation plan as specified in paragraph (1)(b) above. This information shall be provided by executing Part II of Form 1, identified in Rule 62C-38.014, F.A.C.

(4) An operator shall submit requests for modifications, as needed, for all significant changes to approved conceptual plans by executing Form 2, identified in Rule 62C-38.014, F.A.C.

(a) Requests shall include the following information, at a minimum:

1. Name of mine.

2. Name of operator.

3. What modification is requested, including what specific changes must be made in the approved conceptual plan text and drawings.

4. What alternatives were considered, if any.

(b) Significant changes to approved conceptual plans are changes that affect or result in a cumulative change of more than 100 acres or more than 20 percent, whichever is smaller, of the area covered by the conceptual plan, as originally approved or most recently modified by the department.

(c) Changes required by permit conditions or requirements imposed by other agencies, including federal agencies, shall not be considered significant when such changes are consistent with the reclamation standards in Rule 62C-38.008, F.A.C.

(5) An operator may request a temporary land use as part of the original conceptual plan or any subsequent modifications or as a separate request. The request shall provide a description of the temporary land use, including the estimated dates the temporary land use will be in effect, what reclamation activities will be needed when the temporary land use ceases, and a time schedule for the reclamation activities.

(6) An operator shall notify the department no later than six months after the temporary cessation and 30 days after the permanent cessation of mining at a mine. The reason for a temporary cessation shall be given. This notice shall be provided by executing Form 4, identified in Rule 62C-38.014, F.A.C.

Rulemaking Authority 378.404 FS. Law Implemented 211.32, 378.404, 378.701, 378.702 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.003.