Florida Regulations 62C-37.003: Applications Required
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(1) Conceptual Plan. Prior to July 1, 1987, no operator may begin the process of heavy mineral extraction at a new mine without filing an application for a conceptual plan with the Department at least six months prior to the beginning of mining operations. After July 1, 1987, no operator may begin the process of heavy mineral extraction at a new mine without receiving approval of a conceptual reclamation plan from the Department. The conceptual plan application shall include the following information to allow documentation, review, and evaluation of proposed reclamation activities and to allow determination of compliance with the standards in this chapter.
(a) General information.
1. Operator’s name, mailing address, business address, and phone number.
2. Name of parent company, corporation, etc., mailing address, business address, and phone number.
3. Mine name, mailing address, business address, and phone number.
4. Authorized agent’s name, mailing address, business address, and phone number.
5. Date mining operations began or are to begin at this mine.
6. Mine location by county, township, range, section, and quarter-section.
(b) Premining information. The plan shall include descriptions of the following, as they existed prior to mining:
1. Geology, topography, drainage, vegetation, and land uses within the mine.
2. The presence and location of plant and animal species listed as threatened or endangered by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service.
(c) Mining, waste disposal, and reclamation plan. The plan shall describe each of the following:
1. The general mining, waste disposal, and reclamation methods from the initial clearing of the land to the final revegetation.
2. The general sequence of mining, including an estimated time schedule.
3. Estimated quantities, by weight and volume, of earth materials to be considered in planning the reclamation activities.
4. Postreclamation topography, drainage, vegetation, and intended land uses.
5. Postreclamation structures.
(d) A description of the activities to be undertaken to comply with each of the standards in Fl. Admin. Code R. 62C-37.008 The information provided shall be sufficient to determine whether or not each standard will be met.
(e) Maps. Separate maps shall be provided that show the:
1. Site plan and location.
2. Premining topography and drainage.
3. Premining vegetation.
4. Total area to be mined and disturbed. This map shall also show a best estimate of the area projected to be mined in each five-year period of the mine’s life.
5. Postreclamation topography and drainage.
6. Postreclamation vegetation.
(f) Cross sections shall be provided for each area to be reclaimed as a water body and wetland.
(g) A description of any temporary land use requested, 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.
(h) Other supporting documents. The application shall include other supporting documents, as follows:
1. 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.
2. A list of pending permit applications which are related to reclamation.
3. A list of other permits which are related to reclamation and are known to be required.
4. A copy of the Application for Development Approval and the Development Order, if applicable.
(2) Modification to an Approved Conceptual Plan. An operator shall submit applications for modifications, as needed, for all changes to approved conceptual plans.
(a) All applications for modifications shall include the following information:
1. Name of mine.
2. Name of operator.
3. Permit identification code for approved plan.
4. What modification is requested.
(b) Applications for modifications that cover changes relating to areas, except areas to be deleted, within the currently approved mine boundary shall include the following additional information:
1. Why the modification is requested.
2. What alternatives were considered.
3. Why the requested modification was chosen.
(c) Applications for modifications that cover areas to be deleted from within the currently approved mine boundary shall include the information required in subsection (1), above, to the extent that the deletion will affect the currently approved area.
(d) Applications for modifications that cover areas to be added to the currently approved mine boundary shall include the information required in subsection (1), above, if the added area will not affect the currently approved area. However, if the added area will affect the currently approved area, then the modification application shall also include the information required in paragraph (b), above.
(e) Significant changes to approved conceptual plans are changes that affect or result in a cumulative change of more than 640 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.
(f) 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 Fl. Admin. Code R. 62C-37.008
(g) Requests for temporary land uses on approved conceptual plans shall be filed as modifications.
(3) Time schedule changes that are the result of changes in the rate of mining shall not be considered modifications or amendments, but shall be reported in the annual report.
(4) An operator shall notify the Department of any changes of land ownership or operators at a mine within at least 30 days after such changes.
(5) 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.
Rulemaking Authority 378.404, 378.601 FS. Law Implemented 378.404, 378.601 FS. History-New 2-22-87, Formerly 16C-37.003, Amended 1-22-02.
Terms Used In Florida Regulations 62C-37.003
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
1. Operator’s name, mailing address, business address, and phone number.
2. Name of parent company, corporation, etc., mailing address, business address, and phone number.
3. Mine name, mailing address, business address, and phone number.
4. Authorized agent’s name, mailing address, business address, and phone number.
5. Date mining operations began or are to begin at this mine.
6. Mine location by county, township, range, section, and quarter-section.
(b) Premining information. The plan shall include descriptions of the following, as they existed prior to mining:
1. Geology, topography, drainage, vegetation, and land uses within the mine.
2. The presence and location of plant and animal species listed as threatened or endangered by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service.
(c) Mining, waste disposal, and reclamation plan. The plan shall describe each of the following:
1. The general mining, waste disposal, and reclamation methods from the initial clearing of the land to the final revegetation.
2. The general sequence of mining, including an estimated time schedule.
3. Estimated quantities, by weight and volume, of earth materials to be considered in planning the reclamation activities.
4. Postreclamation topography, drainage, vegetation, and intended land uses.
5. Postreclamation structures.
(d) A description of the activities to be undertaken to comply with each of the standards in Fl. Admin. Code R. 62C-37.008 The information provided shall be sufficient to determine whether or not each standard will be met.
(e) Maps. Separate maps shall be provided that show the:
1. Site plan and location.
2. Premining topography and drainage.
3. Premining vegetation.
4. Total area to be mined and disturbed. This map shall also show a best estimate of the area projected to be mined in each five-year period of the mine’s life.
5. Postreclamation topography and drainage.
6. Postreclamation vegetation.
(f) Cross sections shall be provided for each area to be reclaimed as a water body and wetland.
(g) A description of any temporary land use requested, 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.
(h) Other supporting documents. The application shall include other supporting documents, as follows:
1. 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.
2. A list of pending permit applications which are related to reclamation.
3. A list of other permits which are related to reclamation and are known to be required.
4. A copy of the Application for Development Approval and the Development Order, if applicable.
(2) Modification to an Approved Conceptual Plan. An operator shall submit applications for modifications, as needed, for all changes to approved conceptual plans.
(a) All applications for modifications shall include the following information:
1. Name of mine.
2. Name of operator.
3. Permit identification code for approved plan.
4. What modification is requested.
(b) Applications for modifications that cover changes relating to areas, except areas to be deleted, within the currently approved mine boundary shall include the following additional information:
1. Why the modification is requested.
2. What alternatives were considered.
3. Why the requested modification was chosen.
(c) Applications for modifications that cover areas to be deleted from within the currently approved mine boundary shall include the information required in subsection (1), above, to the extent that the deletion will affect the currently approved area.
(d) Applications for modifications that cover areas to be added to the currently approved mine boundary shall include the information required in subsection (1), above, if the added area will not affect the currently approved area. However, if the added area will affect the currently approved area, then the modification application shall also include the information required in paragraph (b), above.
(e) Significant changes to approved conceptual plans are changes that affect or result in a cumulative change of more than 640 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.
(f) 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 Fl. Admin. Code R. 62C-37.008
(g) Requests for temporary land uses on approved conceptual plans shall be filed as modifications.
(3) Time schedule changes that are the result of changes in the rate of mining shall not be considered modifications or amendments, but shall be reported in the annual report.
(4) An operator shall notify the Department of any changes of land ownership or operators at a mine within at least 30 days after such changes.
(5) 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.
Rulemaking Authority 378.404, 378.601 FS. Law Implemented 378.404, 378.601 FS. History-New 2-22-87, Formerly 16C-37.003, Amended 1-22-02.