Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.493 - General Permit to Perform Prospecting Activities for Phosphate Minerals

Current through Reg. 50, No. 138; July 16, 2024
(1) A general permit is provided for any
				person engaged in or proposing to engage in the mining of phosphatic ore to
				perform prospecting activities for phosphate minerals within wetlands and other
				surface waters except in Outstanding Florida Waters, Aquatic Preserves,
				Outstanding National Resource Waters, Class I waters, Class II waters, or
				waters approved, conditionally approved, restricted, or conditionally
				restricted by the Department of Agriculture and Consumer Services for shellfish
				harvesting, provided:
(a) "Prospecting
				activities" shall be defined as those normal and reasonably necessary to
				retrieve core samples of subsurface geologic sediments for the specific purpose
				of locating, mapping and determining the quantities and quality of any
				phosphorus bearing strata or deposits;
(b) Disturbance along any portion of the
				prospect line within herbaceous wetlands shall be no wider than 25 feet, no
				wider than 15 feet within forested wetlands, except at the immediate site of
				the drill hole, where disturbance shall not exceed 25 feet in width and no
				activities regulated by the Department associated with prospecting shall occur
				outside the 15-foot and 25-foot limits, respectively;
(c) An individual prospecting line shall not
				extend into wetlands or other surface waters more than one-third (1/3) of the
				width of the landward extent of the wetland or other surface waters involved,
				unless prospecting is conducted by hand carried drilling devices, in which case
				full penetration of the wetland or other surface waters shall be allowed,
				except as restricted by paragraph (1)(e), below. When hand carried drilling
				devices are used all drilling tailings shall be returned to the drill hole and
				no spoil shall be left on the surface;
(d) No prospecting activities shall occur in
				open waters (areas of water bodies not supporting emergent vegetation), such as
				lakes, ponds, streams, and rivers;
(e) A minimum interval of 300 feet shall
				exist between individual parallel prospecting lines and minimal distance of 300
				feet shall be maintained between the alignment of the prospecting line or lines
				and opposing sides of wetlands and other surface waters. When hand carried
				drilling devices are to be used for total penetration of the wetland or other
				surface waters, the minimal interval of 300 feet between prospecting lines
				shall apply;
(f) No debris or spoil
				shall be mechanically placed outside of the 15-foot or 25-foot width allowed,
				respectively, above; and,
(g) The
				disturbed area along each prospecting line within herbaceous wetlands shall be
				replanted with native wetland species that are indigenous to adjoining wetlands
				unless evidence exists that natural revegetation has covered 33 percent of the
				disturbed ground area within one growing season. If herbaceous plants are
				planted, they shall be planted at a density to achieve 33 percent cover by
				herbaceous wetland species within one growing season. The disturbed area along
				each prospecting line within forested wetlands shall be replanted with
				indigenous native wetland tree species at a rate to achieve survival and growth
				of 400 trees per acre, and the permittee shall institute maintenance activities
				to ensure the survival of the planted indigenous native wetland trees. The
				disturbed area along each prospecting line within forested wetlands also shall
				be replanted with indigenous native wetland herbaceous species in the same
				manner as for the herbaceous wetlands described above. The restored sites shall
				be maintained free of any new growth of
Schinus
				terebinthifolius
(Brazilian pepper),
Melaleuca
				quinquenervia
(punk tree), and
Casuarina
spp.
				(Australian pine), and managed so that
Typha
spp. (cattails)
				does not attain vegetative dominance.