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-17.009 - Applications

Current through Reg. 50, No. 138; July 16, 2024
The Department acknowledges that a significant number of
				  Landowners have received approval of reclamation plans. The approval of
				  reclamation plans, which are strictly conceptual in nature and not a
				  precondition to reclamation program approval, does not offer any additional
				  priority to reclamation program applications filed subsequent to these approved
				  plans. In order to evaluate the extent of reclamation proposed, and the
				  landforms proposed to result from the reclamation as early as possible; to
				  evaluate acquisition proposals; to establish eligibility; to provide an
				  estimate of reclamation cost; and otherwise assist the Landowner in submitting
				  a reclamation program application prior to consideration by the Committee,
				  applications for participation in the Nonmandatory Land Reclamation Program may
				  be submitted in two stages - a prereclamation application and a reclamation
				  program application.
(1) A
				prereclamation application shall be made on forms provided by the Department or
				in a manner which will clearly document the information required on the forms.
				Form DEP 53-010(16) "Prereclamation Application" is incorporated by reference
				into this rule with the effective date of November 1985. Copies of the form may
				be obtained from the Department.
(2) Landowners shall include their entire
				eligible ownership in any prereclamation application. In those instances where
				a Landowner's prereclamation application encompasses less than a whole parcel
				and less than the Landowner's ownership within that parcel, the prereclamation
				application shall identify any other anticipated reclamation program(s) for the
				remainder of his land in the parcel. In those instances where a Landowner's
				prereclamation application contains more than one anticipated reclamation
				program, the Landowner shall identify his preferred priority for submitting the
				reclamation programs and the preferred year for submittal of each program
				application.
(3) The estimated cost
				of reclamation of each proposed reclamation program in each prereclamation
				application shall be developed by the Department using historical cost data
				from prior approved reclamation programs. This information will be made
				available to assist the Landowner in submitting a reclamation program
				application.
(4) The Department's
				review of the prereclamation application is nonbinding in regards to the
				approval and funding of reclamation programs.
(5) Landowners shall reclaim all nonmandatory
				lands which were put into use as clay settling areas after July 1, 1975, and on
				or before July 1, 1984, under the Nonmandatory Land Reclamation Program.
				Landowners shall submit reclamation program applications within one hundred
				eighty (180) days after the land ceases to be used as a clay settling area. The
				requirements of this subsection are expressly contingent upon the availability
				of sufficient funds in the Nonmandatory Land Reclamation Trust Fund.
(6) Landowners should submit reclamation
				program applications to the Department by July 1 to allow sufficient time to
				review the application for completeness before November 1. All applications
				which are complete by November 1 will be evaluated and considered for
				funding.
(7) Within forty-five (45)
				days after initial receipt of a reclamation program application, the Department
				shall review each application and shall request submittal of all additional
				information necessary to complete the application. Within thirty (30) days
				after receipt of such additional information, the Department shall review it
				and may request only that information needed to clarify such additional
				information or to answer new questions raised by or directly related to such
				additional information. The Landowner shall be notified when his application is
				deemed complete or incomplete.
(8)
				Applications shall be made on forms provided by the Department. The Landowner
				shall submit a copy of the completed application which shall include all the
				information, certifications, aerial photographs, drawings, and reports
				certified by an engineer and/or surveyor registered to practice in the State of
				Florida, as applicable. Each application shall be signed and bear the seal of
				an engineer registered to practice in the State of Florida, except those
				applications involving only donation or purchase of nonmandatory lands. Form
				DEP 53-011(16) "Reclamation Program Application" is incorporated by reference
				into this rule effective April 1990. Copies of the form may be obtained from
				the Department.
(9) Each
				reclamation program application shall include a current list of names and
				mailing addresses of all adjacent Landowners within the parcel or within one
				hundred (100) feet of the program's boundaries. The Department shall notify
				each identified adjacent Landowner of the application. In those instances where
				objections to said application are offered by an adjacent Landowner, the
				Department will notify the adjacent Landowner by certified mail of the date
				that the reclamation program application is to be submitted to the Committee so
				that the adjacent Landowner may attend the meeting to present objections to the
				Committee for consideration.
(10)
				Each application shall include a statement from the appropriate local
				government(s) that the proposed reclamation is consistent with the Local
				Comprehensive Plan and the Comprehensive Regional Policy Plan, adopted pursuant
				to Chapter 186, F.S.
(11) In order
				to achieve the standards and criteria of Rule
				 62C-17.008, F.A.C., and to
				facilitate the extra or special earthmoving or vegetation planting required for
				a specific land use planned by the Landowner which does not conflict with the
				Local Comprehensive Plan or the Comprehensive Regional Policy Plan adopted
				pursuant to Chapter 186, F.S., the Department shall consider reclamation
				programs which will result in reclamation of units of eligible land for
				specific land uses, with additional earthmoving and vegetation plantings
				occurring during reclamation under the following circumstances:
(a) Reimbursement of the Landowner's cost of
				reclamation from the Nonmandatory Land Reclamation Trust Fund shall not be more
				than the maximum reimbursable reclamation cost pursuant to Rule
				 62C-17.010, F.A.C., to achieve
				the standards and criteria of Rule
				 62C-17.008, F.A.C.
(b) The estimated cost of the reclamation to
				achieve the standards and criteria of Rule
				 62C-17.008, F.A.C., shall be
				identified and agreed upon by the Landowner and Department prior to approval of
				the reclamation program. No funds from the Nonmandatory Land Reclamation Trust
				Fund shall be granted to reimburse any of the additional work effort.
(c) The application for a reclamation program
				shall set forth the total effort proposed by the Landowner including estimated
				cost and identification of the additional work to achieve reclamation for a
				specific use.
(d) The additional
				work effort shall be confined to earthmoving, earthen retaining structures,
				preparation for planting and cultivation of agriculture or silviculture crops,
				or additional vegetation which for reasons of efficiency and economy can be
				accomplished simultaneously.
(e)
				The Landowner shall maintain cost records which clearly set forth and separate
				the costs of eligible reclamation work for reimbursement and that additional
				work required for the specific use planned.
(f) The costs of water control structures,
				required as a condition for approval of a permit from a regulatory agency of
				the State of Florida or any other agency having jurisdiction over the
				application site, are reimbursable upon proof by the Landowner that the
				structure is required. The cost of artificial structures required to convey
				water from elevated clay surfaces to lower elevations may be reimbursable in
				those instances where it is necessary to prevent erosion. Structures should be
				designed to be as naturally appearing as possible. No other permanent
				structural work nor additional vegetation plantings will be included in the
				eligible reimbursable cost (examples - retainer walls, compaction costs,
				agricultural or silvicultural crops).
(g) Additional work effort performed shall
				conform to the standards and criteria of Rule
				 62C-17.008, F.A.C.
(h) All work to be performed on the program
				site shall be included in the reclamation program application.
(i) Inspections, including final inspections,
				shall evaluate the entire work performed.
(j) In order to provide a means for the
				Landowner to achieve an agricultural land use involving the planting of
				agricultural crops and silvicultural crops, the Landowner must request, at the
				time of application, a waiver of the revegetation and establishment
				requirements of this rule to permit the immediate agricultural or silvicultural
				use. Agricultural and silvicultural plantings will be done at the Landowner's
				expense. Earthmoving costs in excess of minimum standards will be at the
				Landowner's expense, and must be identified in the application. If the
				Landowner does not anticipate utilizing the entire program or parcel for the
				agricultural or silvicultural use then that portion which is not in
				agricultural or silvicultural use must conform to all standards and criteria
				based on the acreage not utilized for agricultural or silvicultural use. The
				request for a waiver of the revegetation and establishment stages does not
				include pastures as an agricultural use. A Landowner must utilize at least
				ninety percent (90%) of the program upland acreage for agricultural
				enhancement. Those reasonable costs for soil amendments, in agricultural or
				silvicultural applications, are reimbursable when the revegetation and
				establishment stages are waived. All additional work effort shall be
				accomplished within the maximum stage duration limits set forth in these rules.
				It is the intent of these rules that the extra work effort is in addition to,
				and not in lieu of, the efforts necessary to meet the standards and criteria of
				Rule  62C-17.008,
				F.A.C.