Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-17 - MASTER RECLAMATION PLAN FOR LANDS DISTURBED BY THE SEVERANCE OF PHOSPHATE PRIOR TO JULY 1, 1975 › Section 62C-17.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following words and terms shall have the definition and
				  meaning ascribed to them in this section:
(1) "Approved Reclamation Program" shall mean
				a reclamation program which has been approved by the Department.
(2) "Bureau" shall mean the department's
				Bureau of Mine Reclamation, Division of Resource Management, 2051 East Dirac
				Drive, Tallahassee, FL 32310-3760.
(3) "Clay Settling Area, " for purposes of
				the reimbursement provisions of these rules, shall mean an area completely
				enclosed by and including an earthen dam used for waste clay
				disposal.
(4) "Committee" shall
				mean the Nonmandatory Land Reclamation Committee.
(5) "Commodity" shall mean any of the various
				supplies, materials, goods, merchandise, equipment and other personal property
				purchased, leased or otherwise contracted for by the Landowner for the purpose
				of performing the approved reclamation activities.
(6) "Contractual Service" shall mean the
				rendering by a contractor, engineer, surveyor or any other provider of a
				service of its time and effort rather than the furnishing of specific
				commodities.
(7) "Department" shall
				mean the Governor and Cabinet sitting as the head of the Department of
				Environmental Protection, 2600 Blair Stone Road, Mail Station 3554,
				Tallahassee, Florida 32399-2400.
(8) "Dewatering Phase" shall mean the work
				effort put forth to remove surface waters from clay settling areas by the use
				of spillways, and the partial removal of combined waters from waste clay by the
				use of ditches to facilitate and promote the drying and crusting of waste
				clays. This phase includes disturbance of the earthen dams surrounding the pond
				for dewatering and breaching of the dam for abandonment.
(9) "Earthmoving Stage" shall mean that
				period of time which extends from initiation of reclamation activity to and
				including final contouring of the landform to the point at which the Bureau
				certifies the earthmoving complete and at which point revegetation would
				normally occur.
(10) "Eligible
				Lands" means those lands mined or disturbed by the severance of phosphate rock
				prior to July 1, 1975, and included as eligible lands in the master reclamation
				plan adopted pursuant to Section
				 378.021, F.S.
(11) "Eligible Parcel" shall mean those
				parcels mined or disturbed by the severance of phosphate rock, prior to July 1,
				1975, which have been evaluated and determined to qualify for reimbursement
				grant funding, pursuant to Chapter 378, F.S., and Chapter 62C-17,
				F.A.C.
(12) "Establishment Stage"
				shall mean the period of time, after the Bureau has certified the revegetation
				complete, required to determine the probable survival of vegetative plantings -
				normally one year. This term shall also include approved erosion and vegetation
				maintenance activities.
(13)
				"Evaluation Methodology" shall mean the procedures used for the determination
				of parcel eligibility as set forth in the Report, "Evaluation of Pre-July 1,
				1975, Disturbed Phosphate Lands."
(14) "Executive Director" shall mean the
				chief administrative officer of the Department of Environmental
				Protection.
(15) "Finger Lakes"
				shall mean those elongate, parallel waterbodies, normally resulting from the
				reclamation of a mined-out area, separated in whole or in part by narrow
				uplands in such a way that their parallel elongate appearance is
				preserved.
(16) "Initiation of
				Reclamation Activity" shall mean the beginning of physical earthmoving or the
				activities necessary to achieve abandonment of a dam within the approved
				reclamation program boundaries.
(17) "Landowner" shall mean the titleholder
				of record of the affected land or the agent for the titleholder of record
				provided written authorization designating the agent and the specific scope of
				the agent's authority is on file with the Bureau.
(18) "Mined-out Area, " for purposes of the
				reimbursement provisions of these rules, shall mean all eligible lands other
				than clay settling areas.
(19)
				"Nonmandatory Lands" shall have the meaning set forth in Section
				 378.032(8),
				F.S. Lands which are put into use after July 1, 1984, as a clay settling area
				or a dam for use with a clay settling area are not included as nonmandatory
				lands unless such lands were used for clay disposal between July 1, 1975, and
				July 1, 1984.
(20) "Other
				Landforms, " for the purposes of the reimbursement provisions of these rules,
				shall mean those parcels defined and identified in the Report as "Hydraulically
				Mined Areas, " "Sand Tailings Areas, " and "Other Areas" such as abandoned
				plant sites, mine roads, railroad rights-of-way, ditches and canals.
(21) "Parcel" shall mean a unit of disturbed
				land which is similar in landform and postdisturbance age and has been defined
				and identified by a unique number by the Bureau.
(22) "Parcel Evaluation" shall mean the
				examination of the physical features and conditions of a parcel pursuant to the
				evaluation methodology.
(23)
				"Prereclamation Application" shall mean a request by a Landowner for a
				nonbinding review of a proposed reclamation program, donation or purchase of an
				eligible parcel(s).
(24) "Primarily
				engaged in the mining or processing of phosphate ores" shall mean any company
				or corporation that is or has in the past engaged in the mining or processing
				of phosphate ores within the State of Florida.
(25) "Program Site" shall mean the parcel of
				land defined by a legal description and included in a reclamation program or
				reclamation program application.
(26) "Put Into Use" shall mean the date a
				clay settling area first receives waste clay material.
(27) "Reclaimed Landform" shall mean uplands,
				submerged lands, or wetlands included in or established under an approved
				reclamation program.
(28)
				"Reclamation Contract" shall mean the agreement entered into between the
				Department of Environmental Protection and the Landowner to implement the
				Landowner's approved reclamation program.
(29) "Reclamation Program" shall mean a
				specific reclamation proposal on an eligible parcel or portion of an eligible
				parcel presented by a Landowner.
(30) "Reclamation Program Application" shall
				mean any application for reclamation, donation, or purchase of an eligible
				parcel.
(31) "Report" shall mean
				the "Evaluation of Pre-July 1, 1975, Disturbed Phosphate Lands, " August 1980,
				including the Appendices and Map Book.
(32) "Revegetation" shall mean the providing
				of a diverse permanent vegetation, indigenous to the State, capable of
				self-regeneration which within a reasonable time will provide the appearance of
				a natural landscape. This term shall also include erosion control
				grasses.
(33) "Revegetation Stage"
				shall mean the period of time during which approved revegetation is normally
				done and extends from the date the Bureau certifies the earthmoving complete to
				the date the Bureau certifies the revegetation complete.
(34) "Staff" shall mean employees of the
				Bureau.
(35) "Substantial
				Completion" shall mean the point at which the Bureau certifies the revegetation
				complete.
(36) "Wetlands" shall
				mean the various types of habitats and vegetative communities which exist where
				the water table is at or above grade for portions of the year and shall include
				forested wetlands such as hardwood swamps, cypress swamps and domes, and
				nonforested wetlands such as wet prairies and freshwater marshes.
(37) "Year" shall mean the fiscal year of the
				State of Florida.
Rulemaking Authority
					 378.021,
					 378.038,
					 370.021 FS. Law Implemented
					 378.021,
					 378.032
					 FS.
New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.02,
					 Amended 12-25-86, 6-13-91, Formerly
					 16C-17.002.