reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.130 - Construction and Maintenance Permit Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) Each application for a new permit, major
				modification, or transfer to be considered by the Department pursuant to
				Section  161.085(9),
				F.S., and this chapter, shall be accompanied by a processing fee. Monies from
				fees assessed pursuant to this chapter shall be deposited into the Florida
				Permit Fee Trust Fund.
(2) The
				appropriate fee is to be submitted to the Department at the time of
				application. No permit application shall be considered complete until the
				required fee has been received by the Department. The fee schedule is as
				follows:
(a) Reconstructed dune: $5, 000.00
				each for structures up to 100 feet in length, plus $500.00 for each additional
				50 feet of length or portion thereof. For fee payment purposes, the length of
				the structure shall include returns. Note that $1, 500.00 of the $5, 000.00 is
				included for maintenance which will be refunded if the application is
				denied.
(b) Major Modifications of
				Approved Permits: The fee for a major modification to a permit, which does not
				affect the length of a reconstructed dune feature, is $500.00.
(c) Major modifications to a permit, which
				affect the length of a reconstructed dune, are $500.00 for each additional 50
				feet of length or portion thereof.
(d) Minor Modifications of Approved Permits:
				The fee for a minor modification to a permit is $250.00.
(e) Permit Transfer Fee:
				$500.00.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.140 - Conversion to Maintenance Phase

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				completion of construction of a reconstructed dune authorized under this
				chapter, the permit must be converted from the construction phase to the
				maintenance phase.
(2) Completion
				of construction shall be certified as follows:
(a) Within 30 days after completion of
				construction in conformance with an individual permit issued under this
				chapter, the responsible entity shall submit two copies of a signed and sealed
				as-built survey of the reconstructed dune. The information depicted on the
				drawing shall be from a field survey conducted not more than fourteen days
				following completion of construction. The survey shall comply with the
				requirements given in rule
				 62B-56.080, F.A.C.;
				and,
(b) Within 30 days after
				completion of construction, the responsible entity shall submit a completed
				Form  62B-56.900(6),
				entitled "Final Construction Certification of Reconstructed Dune" (effective
				date 6-22-09), which is incorporated by reference. Copies of forms may be
				obtained by writing to the Department of Environmental Protection, 2600
				Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following
				website:
www.dep.state.fl.us/
beaches.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.160 - Revocations, Suspensions and Removal

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Subject to the provisions of subsection (3), below, and in accordance with
				sections  161.085, and
				 120.60, F.S., the Department
				shall order the revocation of the permit and removal of the structure and
				restoration of the project site in accordance with subsection (6), below, upon
				its determination that one or more of the following permit conditions have been
				violated:
(a) Financial assurances are
				invalid or inadequate as submitted, updated, or provided by the new responsible
				entity (transferee) under rule
				 62B-56.090 F.A.C.
(b) Responsible entity has failed to maintain
				continuous cover of at least three feet of sand over the dune core stabilized
				with native beach-dune vegetation.
(c) Project has suffered irreparable damage
				or fails to perform as the core of a frontal dune feature.
(d) Project has caused a significant adverse
				impact to the beach-dune system, or
(e) The Incidental Take Permit has been
				revoked.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.900 - Forms

Current through Reg. 50, No. 138; July 16, 2024
The forms used by the Department in the Coastal Construction
				  Control Line program are adopted and incorporated by reference in this chapter.
				  Each form is listed by rule number, which is also the form number, and with the
				  subject, title, and effective date. Copies of forms may be obtained by writing
				  to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522,
				  Tallahassee, Florida 32399-2400; or at the following website:
www.dep.state.fl.us/beaches
.
(1) Form
				 62B-56.900(1),
				Permit Application for Construction and Maintenance of a Reconstructed Dune
				(effective date 6-22-09).
(2) Form
				 62B-56.900(2),
				Financial Assurance Worksheet (effective date 6-22-09).
(3) Form
				 62B-56.900(3),
				Sand Quality Assurance/Quality Control (QA/QC) Plan (effective date
				6-22-09).
(4) Form
				 62B-56.900(4),
				Biological Assessment (effective date 6-22-09).
(5) Form
				 62B-56.900(5),
				Permit Transfer Agreement (effective date 6-22-09).
(6) Form
				 62B-56.900(6),
				Final Construction Certification of Reconstructed Dune (effective date
				6-22-09).
(7) Form
				 62B-56.900(7),
				Conversion of Permit for a Reconstructed Dune from Construction Phase to
				Maintenance Phase (effective date 6-22-09).
(8) Form
				 62B-56.900(8),
				Maintenance Inspection Report (effective date 6-22-09).
(9) Form
				 62B-56.900(9),
				Periodic Progress Report (effective date 6-22-09).
(10) Form
				 62B-56.900(10),
				Trust Fund Agreement (effective date 6-22-09).
(11) Form
				 62B-56.900(11),
				Payment Bond (effective date 6-22-09).
(12) Form
				 62B-56.900(12),
				Performance Bond (effective date 6-22-09).
(13) Form
				 62B-56.900(13),
				Letter of Credit (effective date 6-22-09).
(14) Form
				 62B-56.900(14),
				Standby Trust Agreement (effective date 6-22-09).
Rulemaking Authority
					 120.60,
					 161.053(20),
					 161.085(5) FS.
					 Law Implemented 161.085
					 FS.
New 6-22-09.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.003 - List of Applications, Notices and Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) The requirements to submit applications,
				notices and reports contained in this chapter shall be consistent with the
				Department's authority contained in Part III of Chapter 378, F.S.
(2) Approval must be obtained from the
				Department prior to an operator beginning any reclamation and restoration
				activities on lands subject to this rule. The following applications are
				required:
(a) Conceptual plan.
(b) Conceptual plan modification. Each
				operator must obtain an approved conceptual plan modification for any change to
				its approved conceptual reclamation plans, in accordance with the criteria
				contained in Rules  62C-16.0041 and
				 62C-16.0051, F.A.C., unless the
				proposed change is exempt under subsection
				 62C-16.0041(3) or
				(4), F.A.C., from needing a conceptual plan
				modification.
(c) Variances. Each
				operator must obtain an approved variance for any exception to the provisions
				of this chapter in accordance with the criteria identified in Section
				 378.212, F.S., and Rule
				 62C-16.0045,
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.0032 - Application Filing Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Preapplication Meetings. In order to reduce the time required for processing
				applications, preapplication meetings are encouraged and should be arranged in
				accordance with the following:
(a) If a
				meeting is requested by the applicant, the Department shall meet with the
				applicant at the earliest practical time or as otherwise agreed to by both
				parties.
(b) These meetings are for
				the purpose of exchanging ideas and information and shall be nonbinding on
				either party.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.0036 - Application Standards

Current through Reg. 50, No. 138; July 16, 2024
All applications shall be submitted using forms incorporated
				  by reference in Rule  62C-16.0095, F.A.C., and shall
				  meet the following minimum standards:
(1) At least one copy of signed documents
				made a part of the application shall bear an original signature.
(2) All maps, cross sections, and drawings
				shall be originals or legible 1:1 reproductions, and shall be no larger than 36
				inches by 48 inches, including a one-inch border.
(3) All maps, cross sections, and drawings
				shall include at least the following information:
(a) Legend for all symbols and
				patterns.
(b) Title which explains
				the purpose of the graphic.
(c) The
				date the original was prepared.
(d)
				If revised, the date the revision was prepared.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.0041 - Conceptual Plans and Modifications

Current through Reg. 50, No. 138; July 16, 2024
Each conceptual plan application and conceptual plan
				  modification application shall describe in writing and graphically, as required
				  by the Department, the activities which are the subject of the
				  application.
(1) Conceptual plan. A
				conceptual plan application shall:
(a)
				Describe the location, areal extent, and ownership of the mine, including
				proposed reclamation parcels.
(b)
				Classify all lands within the mine as mined before July 1, 1975, disturbed
				before July 1, 1975, mined or to be mined after June 30, 1975, disturbed or to
				be disturbed after June 30, 1975, or to remain undisturbed by mining
				operations.
(c) Describe the status
				of all lands mined or disturbed by mining operations before July 1,
				1975.
(d) Describe the geology,
				topography, drainage, vegetative communities and associated fauna, and land
				uses within the mine prior to mining or mining operations, or site preparation,
				whichever occurs first.
(e)
				Describe, as existing prior to mining or mining operations and site
				preparation, the presence and habitat 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.
(f) Describe the mining, waste disposal, and
				reclamation and restoration plans.
(g) Describe the quantities, by weight and
				volume, of earth materials to be considered in planning the reclamation and
				restoration activities.
(h)
				Describe post-reclamation and restoration stratigraphy, topography, drainage,
				vegetative communities and associated fauna, and land uses.
(i) Describe permits required for mining or
				reclamation and restoration activities.
(j) Describe how the natural resources will
				be preserved and conserved in areas to remain undisturbed.
(k) Provide approximate completion dates,
				based on mine-years, for mining, waste disposal, and reclamation and
				restoration activities.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.0045 - Variances

Current through Reg. 50, No. 138; July 16, 2024
(1) All applications for a variance, pursuant
				to Section  378.212, F.S., shall be in
				accordance with these rules. The Department shall review the application within
				a reasonable period of time and, if the Department determines the application
				to be incomplete, the applicant shall be afforded an opportunity to supply
				additional information before the Department evaluates the merits of the
				application. The applicant shall address the following factors in the
				application:
(a) The statute or rule from
				which a variance is sought.
(b) The
				facts which show that a variance should be granted because of one of the
				reasons set forth in Sections
				 378.212(1)(a)-(g),
				F.S.
(c) The period of time for
				which the variance is sought, including the reasons and facts in support of the
				time limit.
(d) The requirements
				which can be met by the applicant, including the date or time when the
				requirements can be met.
(e) The
				steps or measures the applicant is taking or has taken to meet the requirements
				of the rule or statute from which the variance is requested.
(f) The social, economic, and environmental
				impacts on the applicant and residents of the area and the state, if the
				variance is granted.
(g) The
				social, economic, and environmental impacts on the applicant and residents of
				the area and the state, if the variance is denied.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.0051 - Reclamation and Restoration Standards

Current through Reg. 50, No. 138; July 16, 2024
This section sets forth the minimum criteria and standards
				  for approval of a conceptual plan or modification application.
(1) Safety.
(a) Site cleanup. All lands reclaimed shall
				be completed in a neat, clean manner by removing or disposing of all visible
				debris, litter, junk, worn-out or unusable equipment or materials, as well as
				all footings, poles, pilings, and cables in conformance with the requirements
				of subsection (9), of this section. If any large rocks or boulders exist as a
				result of mining, these should be left either at the surface where they are
				distinctly visible or placed in mined-out areas and covered to a minimum depth
				of four (4) 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 use compatible with the reclamation goals.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.0067 - Inspections

Current through Reg. 50, No. 138; July 16, 2024
(1) All authorized representatives of the
				Department, on presentation of appropriate credentials to the operator, or its
				authorized representative, shall have the right of entry to, on, or through all
				lands subject to this chapter.
(2)
				Inspections shall occur on an irregular basis at a frequency necessary to
				insure compliance with the provisions of these rules. The Department shall make
				at least quarterly inspections of all reclamation parcels where a disturbance
				has commenced and shall make a final inspection for purposes of certifying
				completion of reclamation and restoration.
(3) Inspections shall occur only during
				normal office hours, if practical. Inspectors shall give the operator notice of
				the proposed inspection and shall allow the operator the opportunity to provide
				appropriate personnel to accompany the inspector while on the operator's
				premises.
(4) The Department shall
				make an initial inspection of each conceptual plan area.
(5) The Department shall inspect each
				approved conceptual plan area at least once every year to verify the status of
				lands within the mine.
(6)
				Inspections may consist of:
(a) On-the-ground
				inspections of the affected land.
(b) Taking photographs for official use by
				the Department.
(c) Taking and
				removing samples of soil, vegetation, water, waste products, or material
				mined.
(d) Inspection of
				environmental monitoring installations and data relating to the reclamation and
				restoration.
(e) Review of maps and
				monitoring data.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.0068 - Release Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Once an operator
				fulfills the reclamation and restoration requirements within a reclamation
				parcel, he may request a release of the reclamation parcel, as a whole or as a
				distinct upland portion thereof. The request shall be submitted in writing to
				the Department and shall include a statement certifying that the requirements
				of this chapter have been met.
(2)
				Within 90 days after notification by the operator or the scheduled completion
				date, whichever comes first, the Department shall make a final inspection of a
				reclamation parcel, or upland portion thereof.
(3) Within 30 days after the final
				inspection, the Department shall notify the operator in writing of its
				findings.
(a) If the Department is not
				satisfied that the reclamation or restoration requirements of the reclamation
				parcel, or upland portion thereof, have been met and the specified completion
				date has expired, it shall notify the operator of the deficiencies that must be
				corrected. Within 90 days after such notice by the Department, the operator
				shall return work on the reclamation parcel, or upland portion thereof, to a
				rate of progress that will reasonably ensure completion within not more than
				180 days after receipt of such deficiency notice.
(b) If the Department is satisfied that all
				reclamation and restoration requirements have been met, it shall notify the
				operator in writing that the reclamation parcel, or upland portion thereof, is
				complete and the area is released from further obligation under Chapters 211
				and 378, F.S. The Department shall grant a release of an upland portion of the
				parcel only if it will not jeopardize the operator's ability to fulfill the
				reclamation and restoration requirements for the remainder of the parcel and if
				the operator retains ownership or control of the entire reclamation parcel
				until the remainder of the parcel is released.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.0071 - Violations, Damages, and Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Upon determination by the Department that an operator is in violation of any
				requirement of this chapter or approval granted, the Department shall notify
				the operator in writing by certified mail of the alleged violation. The notice
				of violation shall set forth in detail the alleged violation and specify a
				reasonable time, not to exceed 90 days, in which to begin corrective action.
				The Department may also specify a time by which the corrective action must be
				completed.
(2) If an operator
				disputes the matters contained in a notice of violation, the operator may
				request a hearing, pursuant to Sections
				 120.569 and
				 120.57, F.S. If a hearing is
				requested, the time for initiating corrective action shall not begin to run
				until a final order is entered.
(3)
				If the violation specified in the notice of violation has not been corrected
				upon the expiration of the period provided in the notice of violation, the
				Department may institute a civil action in a court of competent jurisdiction,
				as follows:
(a) For injunctive or other
				appropriate relief to enforce compliance with this chapter, or for the
				assessment of damages, or for both injunctive relief and damages. This
				paragraph shall not apply to the failure to comply with the requirements of
				subsection  62C-16.0075(5),
				F.A.C.
(b) To impose and recover a
				civil penalty for a violation of this chapter or any order issued pursuant to
				this chapter. This paragraph shall not apply to the failure to comply with the
				requirements of subsection
				 62C-16.0075(5),
				F.A.C. The penalty shall not exceed the following amounts and the court shall
				consider evidence in mitigation:
1. For
				violations of a minor or technical nature, $100.00 per violation.
2. For major violations on which a penalty
				has not been imposed under this subparagraph during the previous five years,
				$1, 000.00 per violation.
3. For
				major violations not covered by subparagraph 2., above, $5, 000.00 per
				violation. The civil penalties provided for in this paragraph (b), shall not
				begin to accrue until the expiration of the time for initiating corrective
				action, as provided in the notice of violation issued by the Department. Each
				day or any portion thereof in which the violation continues shall constitute a
				separate violation.
(c)
				To recover against the security provided pursuant to Rule
				 62C-16.0075, F.A.C., if an
				operator has failed to comply with the requirements of subsection
				 62C-16.0075(5),
				F.A.C., and the Department determines that the operator is unable or unlikely
				to come into compliance with those requirements within a reasonable
				time.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.0075 - Financial Responsibility

Current through Reg. 50, No. 138; July 16, 2024
(1) Security.
(a) Form of Security. If the Department
				determines that an operator is not in compliance with the rate of reclamation
				established in subsection (5), the Department shall notify the operator in
				writing that the operator shall have 30 days to post one or more of the
				following forms of security:
1. A lien in
				favor of the state on unmined lands or on reclaimed and released real property
				owned in fee simple absolute by the operator.
2. A surety bond using the form provided by
				the Department or a comparable format approved by the Department.
3. A letter of credit using the form provided
				by the Department or a comparable format approved by the Department.
4. A donation of land acceptable to the state
				whereby every acre donated would relieve the company of the obligation to bond
				or otherwise provide security for the reclamation of acres mined, based on a
				ratio of 1 acre donated to cover the financial responsibility for 10 or more,
				at the discretion of the Department, acres of mined lands. This donation would
				not relieve the operator of the obligation to reclaim and will not be released
				upon reclamation of the delinquent acres. The donation shall be made in
				accordance with Chapter 253, F.S.
5. A cash deposit or trust fund payable to
				the state.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.0095 - Reclamation Forms

Current through Reg. 50, No. 138; July 16, 2024
The following forms are available from the Department of
				  Environmental Protection and are incorporated by reference:
(1) Application for a Conceptual Reclamation
				Plan or Modification, Reclamation Form No. 1, Effective 5-28-06.
(2) Annual Mining and Reclamation Report,
				Reclamation Form No. 2, Effective 5-28-06.
(3) Notice of Disturbance, Reclamation Form
				No. 3, Effective 5-28-06.
(4)
				Variance Application, Reclamation Form No. 4, Effective 5-28-06.
(5) Field Inspection Report, Reclamation Form
				No. 5, Effective 5-28-06.
(6) Field
				Change Application, Reclamation Form No. 6, Effective
				5-28-06.
Rulemaking Authority
					 378.205 FS. Law Implemented
					 211.32,
					 378.205,
					 378.212
					 FS.
New 2-26-81, Formerly 16C-16.095, Amended 2-22-87, Formerly
					 16C-16.0095, Amended 5-28-06.
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-17.003 - Incorporation by Reference of the Evaluation Methodology, Identification and Parcelization of Lands and Results of Evaluation of Parcels

Current through Reg. 50, No. 138; July 16, 2024
(1) The Report of the Department of
				Environmental Protection entitled, "Evaluation of Pre-July 1, 1975 Disturbed
				Phosphate Lands, " August, 1980, including the Appendices and Map Book,
				(henceforth referred to as the "Report") is hereby incorporated into these
				rules to the extent that it:
(a) Identifies
				the lands subject to these rules;
(b) Subdivides these lands into parcels for
				evaluation purposes;
(c) Sets forth
				the methodology for evaluating the parcels for reclamation;
(d) Provides a summary of the evaluation of
				each parcel; and,
(e) Identifies
				those parcels determined eligible for consideration of reclamation
				reimbursement grant funding on the basis of the evaluation of the physical
				characteristics of the parcel.
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-17.0035 - Eligibility of Parcels

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				will presume that a property is eligible or ineligible to participate in this
				program from the perspective of site characteristics based on the conclusions
				contained in the Report.
(2)
				Notwithstanding the presumption of eligibility set forth in subsection (1),
				above, the Department will presume that the following lands are not eligible to
				participate in this program;
(a) Lands
				included in a reclamation program approved by the Department pursuant to
				Chapter 211, Part II, F.S., and subsequently determined to be abandoned
				pursuant to Chapter 211, F.S.,
(b)
				Any lands included in a reclamation program approved by the Department pursuant
				to Chapter 211, Part II, F.S., on or after July 1, 1978, and which have not
				been or will not be withdrawn from the approved reclamation program;
				and,
(c) Any lands put into use as
				a clay settling area or dammed for use with a clay settling area after July 1,
				1984.
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-17.004 - Reevaluation of Parcels

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				recognizes that certain lands identified as being eligible or ineligible to
				participate in this program based on the conclusions contained in the Report
				may have changed characteristics since the publication of the Report.
				Therefore, the Department may reevaluate certain nonmandatory lands to
				determine their current eligibility status. All changes in eligibility, other
				than lands which have been reclaimed and certified as complete, shall be
				adopted by rule.
(2) Any Landowner
				who owns land which has been presumed eligible or ineligible or any
				substantially affected person, including the Department, may file with the
				Department a Request to Evaluate the Status of Disturbed Lands to rebut the
				presumption of the status or to determine the status of unevaluated property.
				Prospective applicants for reclamation of a site shall notify the Department of
				an intent to prepare a reclamation application prior to submittal of the
				application, for the purpose of permitting the Department to review the current
				status of the site.
(3) A Request
				to Evaluate the Status of Disturbed Lands shall include at least the following
				information:
(a) The name and address of the
				Landowner or other affected person filing the request;
(b) The name and address of all persons
				holding any interests in the property in question;
(c) If the Request concerns reevaluation of
				property included in a parcel evaluated in the Report, the parcel number used
				in the Report;
(d) A map showing
				the location of the property;
(e) A
				general description of the condition of the property at the time the Request is
				filed;
(f) A statement of whether
				the Landowner or the affected person requests the property to be declared
				eligible or ineligible under the program; and,
(g) The facts necessary to support the
				requested status. Where a property has not been previously evaluated, the
				statement of facts must include evidence that the property was disturbed by the
				severance of phosphate rock prior to July 1, 1975.
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-17.006 - Minimum Size Reclamation Program

Current through Reg. 50, No. 138; July 16, 2024
(1) To
				be acceptable for consideration, a reclamation program must contain a
				contiguous land unit which constitutes the following minimum fraction of the
				total parcel.
Parcel Size (Acres)
Minimum Program
20 or Less
Total Parcel
21-100 Acres
1/2 of Parcel but not less than 20 acres
101-200 Acres
1/3 of Parcel but not less than 50 acres
201-400 Acres
1/4 of Parcel but not less than 68 acres
401 or More
1/5 of Parcel but not less than 100 acres
(2)
				The Department may make exceptions to these minimums upon justification by the
				landowner and a finding by the Department that due to unique circumstances, a
				substantial regional benefit would result from the reclamation
				proposed.
Rulemaking Authority
					 378.021,
					 378.038 FS. Law Implemented
					 378.021,
					 378.038
					 FS.
New 3-24-82, Amended 1-10-85, Formerly 16C-17.06,
					 16C-17.006.
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-17.007 - Duration of Reclamation Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department recognizes that geographic extent, diversity of existing and
				proposed landforms and availability of fill and revegetation materials have a
				direct bearing on the time required for the completion of a reclamation
				program. Landowners are encouraged to complete reclamation programs in the most
				timely manner consistent with good quality work.
(2) Each reclamation program shall include a
				timetable for completion of each stage of the program.
(3) The following time periods are the
				maximum allowed durations for those programs not using sand tailings fill:
Acres In
Earth Moving
Revegetation
Establishment
Total
Program
Stage
Stage
Stage
Program
20 or less
6 months
1 year
1 year
30 mos.
21-100
1 year
1 year
1 year
3 years
101-200
2 years
1 year
1 year
4 years
201-400
3 years
1 year
1 year
5 years
401 or more
4 years
1 year
1 year
6 years
On parcels of four hundred (400) or more acres, the owner
				  should give serious consideration to multiple programs within the
				  parcel.
(4) Programs
				proposing to use sand tailings for fill material may have the maximum time
				period for the earthmoving stage extended by up to fifty percent
				(50%).
(5) Programs on clay
				settling areas required to submit applications, pursuant to subsection
				 62C-17.009(5),
				F.A.C., may have the maximum time period for the earthmoving stage extended by
				up to five (5) years.
(6) Programs
				on clay settling areas may have the initiation of the earthmoving stage begin
				prior to the certification of abandonment of the dams by the Florida Department
				of Environmental Protection.
(7)
(a) The Department may approve the extension
				of any stage for good cause. The Landowner shall provide a detailed explanation
				of the good cause in any request for extension of any stage.
(b) Any approved extension of the duration of
				a stage of a reclamation program shall extend the duration of the total program
				by the amount of the extension of duration of the particular
				stage.
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-17.008 - Reclamation Standards and Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Safety.
(a) Site cleanup. Each program site
				shall be left in a neat, orderly condition by removing or adequately burying
				all debris, junk, abandoned equipment, abandoned structures or parts of
				structures, worn-out or unusable equipment or materials, as well as all
				footings, piles, pilings, and cables.
(b) Any existing structures, roads, pilings,
				or other artifacts on a program site which the Landowner anticipates retaining
				after reclamation shall be identified in the program application together with
				their proposed use.
(c) Should a
				Landowner demonstrate that slope requirements of this rule cannot be met, the
				Landowner shall identify any locations where a potential hazard exists or may
				exist and shall provide, in the program application, for the construction of a
				protective fence.
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-17.0085 - Acquisition Standards and Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Acquisition applications for nonmandatory lands shall be considered with the
				reclamation applications for funding under the provisions of subsection
				 62C-17.005(3),
				F.A.C. The per acre cost of lands acquired under this program are subject to
				the limitations of Chapter 253, F.S., and shall not exceed the maximum
				allowable per acre cost established for reclamation in subsection
				 62C-17.010(3),
				F.A.C., unless the Department specifically determines that a payment in excess
				of this per acre cost is necessary and appropriate to effect the purposes of
				Chapter 378, Part I, F.S., and that such payment will not adversely affect the
				ability of the Department to reimburse Landowners for reclamation of eligible
				parcels in accordance with Chapter 378, Part I, F.S., and this Chapter 62C-17,
				F.A.C. Acquisition applications received by January 1 of each year shall be
				considered with the reclamation applications which are received by July 1 of
				that year.
(2) Acquisition
				applications may be filed by any interested person or the Department, and must
				identify a managing agency responsible for the management of the property after
				acquisition, and shall meet one or more of the following standards and
				criteria:
(a) Lands which have been or may be
				naturally reclaimed and which are suitable for hunting, fishing, or other
				outdoor recreational purposes;
(b)
				Lands which have been or may be naturally reclaimed and which provide valuable
				wildlife habitat;
(c) Lands which
				will serve the public interest because of the exceptional need to accomplish
				the particular reclamation and the Landowner is unable or unwilling to restore
				or reclaim the land in accordance with the master reclamation plan. Lands in
				this category shall consist of the following:
1. Lands which are needed for the
				reestablishment of a stream or river,
2. Lands which are necessary for the
				reestablishment of regional drainage,
3. Lands which may serve as wildlife or
				recreational corridors,
4. Lands
				which the state may wish to acquire for the preservation of an existing
				landform.
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-17.0093 - Reclamation Contracts

Current through Reg. 50, No. 138; July 16, 2024
(1) Reclamation
				contracts offered Landowners, execution of which shall signify acceptance of
				the reclamation program as approved, shall be in duplicate, each of which shall
				for all purposes be considered an original.
(2) Reclamation contracts shall contain all
				modifications, if any, to the reclamation program which were not contained in
				the application or agreed to by the Landowner, in writing, prior to the
				reclamation program application's approval by the Department. Form
				DEP-53-012(16) entitled "Reclamation Contract" is incorporated by reference
				into this rule with the effective date of the rule. Copies of the form may be
				obtained from the Department.
(3)
				Landowner executed reclamation contracts shall be returned to the Department
				within forty-five (45) days from the receipt of the contracts. The date the
				Department executes the contracts, on behalf of the Department, shall be the
				effective date of the reclamation program. The notice to proceed on the
				reclamation program shall be the return of one of the duplicate
				contracts.
(4) The amount of
				reimbursement for reclamation activities allowed in the reclamation contract
				shall be a grant of money equal to the estimated cost of the reclamation
				program as approved by the Department. In no event, however, shall the grant
				amount exceed the maximum amounts specified in Rule
				 62C-17.010, F.A.C.
(5) Within three (3) months of the effective
				date of the reclamation contract and prior to any physical alteration of the
				program area or initiating of any dam abandonment procedures, the Landowner
				shall notify the Department of the date of initiation of reclamation activity.
				This date of initiation of reclamation shall be the anniversary date of the
				reclamation program from which the approved stage duration periods will be
				determined.
(6) Any approved
				reclamation program for which a reclamation contract has been executed shall be
				considered abandoned when:
(a) Initiation of
				reclamation activity does not begin within six (6) months of the effective date
				of the reclamation contract and the Department has not received and approved a
				written request for an initiation date time extension;
(b) There has been no physical reclamation
				activity after the initiation of reclamation for a period of one hundred twenty
				(120) consecutive days, without prior written approval of the Department,
				or
(c) The Landowner by act, or
				omission, or otherwise evidences an intent to not complete the reclamation
				program.
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-17.0095 - Reclamation Contracts Assignment

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Reclamation contracts are not assignable without the approval of the
				Department. The Department may approve the assignment of a reclamation contract
				if there is not to be any modification to the approved reclamation program. The
				Department must approve all assignments involving reclamation program
				modifications.
(2) Where, prior to
				the issuance of a certification of reclamation completion pursuant to Rule
				 62C-17.013, F.A.C., and the
				expiration of any post reclamation conditions stipulated in a reclamation
				contract, a Landowner wishes to transfer, by sale or otherwise, fee title to
				lands which have been included in a reclamation contract and where the
				transferee desires the assignment of the reclamation contract to him, then the
				transferrer or transferee may request that the reclamation contract be
				assigned.
(3) Should the fee title
				of lands included in a reclamation contract be transferred, by sale or
				otherwise, to a new owner without the assignment of the reclamation contract,
				the Landowner named in the reclamation contract shall retain all obligations to
				perform under the reclamation contract. If the Landowner fails to perform under
				the reclamation contract, the Department shall take appropriate legal action to
				recover cost of damages.
Rulemaking Authority
					 378.021,
					 378.038 FS. Law Implemented
					 378.021,
					 378.035,
					 378.038
					 FS.
New 1-10-85, Amended 12-3-85, Formerly 16C-17.095,
					 16C-17.0095.
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-17.011 - Multiple Landowner Application

Current through Reg. 50, No. 138; July 16, 2024
A Landowner whose geographic extent of ownership within a
				  parcel will not satisfy the minimum reclamation size necessary for
				  participation in this program and whose land cannot be shown to qualify for an
				  exception to the reclamation program size requirements of Rule
				   62C-17.006, F.A.C., is
				  encouraged to join with any adjacent contiguous Landowner(s) in preparing an
				  application for a reclamation program. Such application will require the same
				  information as set forth for a single owner application. In addition to the
				  information set forth in Rule
				   62C-17.009, F.A.C., the multiple
				  Landowners will be required to designate one of the Landowners as an agent for
				  purposes of contact with the Department and to request and receive
				  reimbursements. Also multiple Landowners shall provide a land boundary survey
				  that clearly shows all ownership boundary lines and the program site
				  boundary.
Rulemaking Authority
					 378.021,
					 378.038 FS. Law Implemented
					 378.021,
					 378.038
					 FS.
New 3-24-84, Amended 1-10-85, 12-3-85, Formerly 16C-17.11,
					 16C-17.011.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-20 - AQUATIC PLANT CONTROL PERMITS › Section 62C-20.0015 - Definitions (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 370.021,
					 369.20,
					 369.22,
					 369.251 FS. Law Implemented
					 369.20,
					 369.22,
					 369.251,
					 403.088
					 FS.
New 2-9-82, Amended 7-9-85, Formerly 16C-20.015,
					 16C-20.0015, Amended 5-3-95, Transferred to
					  68F-20.0015.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-20 - AQUATIC PLANT CONTROL PERMITS › Section 62C-20.002 - Permits - Applications (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 370.021,
					  369.20,
					  369.22,
					  369.25,
					  369.251  FS. Law Implemented
					 369.20,
					 369.22,
					 369.25,
					 369.251,
					  403.088 FS.
New 5-8-77, Amended 2-9-82, 7-9-85, Formerly 16C-20.02,
					 16C-20.002, Amended 5-3-95, Transferred to
					  68F-20.002.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-20 - AQUATIC PLANT CONTROL PERMITS › Section 62C-20.0035 - Waters Exempt from Permitting (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 370.021,
					 369.20,
					 369.22,
					 369.251 FS. Law Implemented
					 369.20,
					 369.22,
					 369.251,
					 403.088
					 FS.
New 2-9-82, Amended 7-9-85, Formerly 16C-20.035,
					 16C-20.0035, Amended 5-3-95, Transferred to
					  68F-20.0035.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-20 - AQUATIC PLANT CONTROL PERMITS › Section 62C-20.0045 - Criteria for Issuing, Modifying or Denying Permit Applications (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 370.021,
					 369.20,
					 369.22,
					 369.251 FS. Law Implemented
					 369.20,
					 369.22,
					 369.251,
					 403.088
					 FS.
New 2-9-82, Formerly 16C-20.045, 16C-20.0045, Amended
					 5-3-95, Transferred to
					  68F-20.0045.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-20 - AQUATIC PLANT CONTROL PERMITS › Section 62C-20.0055 - Management Method Criteria and Standards, Operations and Reporting Requirements (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 370.021,
					 369.20,
					 369.22,
					 369.251 FS. Law Implemented
					 369.20,
					 369.22,
					 369.251,
					 403.088
					 FS.
New 2-9-82, Amended 7-9-85, Formerly 16C-20.055,
					 16C-20.0055, Amended 5-3-95, Transferred to
					  68F-20.0055.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-20 - AQUATIC PLANT CONTROL PERMITS › Section 62C-20.0075 - Penalties (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 370.021,
					 369.20,
					 369.22,
					 369.251 FS. Law Implemented
					 369.20,
					 369.22,
					 369.251,
					 403.088,
					 403.141,
					 403.161
					 FS.
New 2-9-82, Formerly 16C-20.075, 16C-20.0075, Amended
					 5-3-95, Transferred to
					  68F-20.0075.