62C-39.008. Reclamation Standards

The Department is authorized to inspect all mines subject to this rule to determine compliance with rule requirements and to determine if reclamation has been properly completed thereby allowing the release of the operator from further obligations. The following standards shall apply to all areas disturbed by mining operations in new mines and all new surface areas disturbed after January 1, 1989, at existing mines.

(1) Completion Dates for Reclamation Activities. All reclamation activities shall, to the extent possible, be coordinated with resource extraction and in any event shall be initiated at the earliest practicable time.

(a) Contouring shall be initiated and completed no later than one year after the calendar year in which mining operations cease for any given area. The department shall waive this requirement for any reasonable length of time when a waiver is necessary to prevent the unacceptable contamination of the resource being extracted.

(b) 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 unless revegetation activities will interfere with mining operations.

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

(d) If mining operations temporarily cease at a mine for more than 12 months, the operator shall comply with one of the following options:

1. The requirements of subsections (4)-(7) below shall begin immediately and be completed at a rate of at least 1000 feet of shoreline or dry pit 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 department; or

3. The operator shall begin reclaiming an equivalent amount of nonmandatory land at the rate specified in subparagraph 1. above. Compliance with the above requirements shall be tolled by the length of time that a temporary cessation results from attempts to obtain necessary permits for operations. The department shall waive the commencement of the above requirements for any length of time not to exceed a maximum of one year upon a showing of good cause by the operator.

(e) If mining operations cease, for whatever reason, for more than two 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 department shall direct the operator to complete those reclamation activities necessary to protect the public health and safety.

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

(2) Consistency with Local Ordinances. 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) Surface Drainage and Groundwater Requirements. 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) Safety. 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 pit 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.

(5) Final Slopes. The final slopes shall be such an angle as to minimize the possibility of slides and shall not exceed the natural angle of repose of the material being mined.

(a) The reclaimed slope shall be no steeper than two horizontal feet to one vertical foot, unless the operator chooses to calculate the slope by one of the following acceptable methods:

1. If the material being mined is sand, the maximum reclaimed slope shall be calculated using the angle of repose of the product stockpile. The angle of repose is defined as the slope angle of the product stockpile measured along an undisturbed portion of the pile. Given a vertical component of one unit, the corresponding minimum horizontal component of the reclaimed slope shall be calculated by dividing 1.5, the minimum acceptable factor of safety, by the tangent of the angle of repose of the sand stockpile.

2. For all other resources, the steepest reclaimed slope shall be calculated by determining the angle of repose of the actual material being mined and applying a minimum factor of safety of 1.5. The angle of repose and the factor of safety shall be determined using standard geotechnical engineering practices.

(b) In mines resulting in lakes the reclaimed slope shall extend from the top of the mine wall to a depth of five feet below the water surface and shall not exceed the steepest slope allowed by paragraph (a) above.

(6) Contouring and Erosion Prevention. Any overburden and spoil shall be left in a configuration which is in accordance with accepted soil conservation practices and which is suitable for the proposed future use of the land.

(a) All upland areas disturbed by mining operations must be revegetated in quantities and densities necessary to prevent and control erosion and to provide stability to the slope. Erosional areas shall be repaired until a vegetative cover is fully established and the land is released.

(b) The zone of fluctuation of reclaimed lakes should be vegetated with native wetland species. Acceptable methods recommended to establish vegetation include spreading muck obtained from areas containing desirable, native, littoral zone plant communities, planting of native wetland vegetation, or natural regeneration of wetland plant species. At least 50 percent of the zone should have established vegetation for a period of not less than one year after the initial appearance or planting of the vegetation.

(7) Water Quality. Reclamation shall be designed to avoid the collection of water in pools which are, or are likely to become, noxious, odious, or foul. Where water bodies result from reclamation, the department encourages designs that will allow both a variety of emergent habitats and naturally fluctuating water levels.

Rulemaking Authority 378.404 FS. Law Implemented 378.404, 378.802, 378.803 FS. History–New 1-19-89, Formerly 16C-39.008.