Resolution 064-1991Planning Department
RESOLUTION NO. 064-1991
2
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A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY,
FLORIDA, AN AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, MONROE
COUNTY AND TARMAC FLORIDA, INC. AND CBT
CONCERNING THE BIG PINE QUARRY, LOCATED AT
MILE MARKER 32.5, BIG PINE KEY, FLORIDA
WHEREAS, The Monroe County Building Department issued exten-
sions and renewals of Mining and Excavation Permit No. 9010000516
and Blaster and User Permit No. 9010000519 to Tarmac Florida,
Inc. and CBT on March 20, 1990 for their Big Pine Quarry, located
on U.S. 1 at Mile Marker 32.5, Big Pine Key, Florida; and
WHEREAS, The Florida Department of Community Affairs filed a
Notice of Appeal with the Florida Land and Water Adjudicatory Com-
mission appealing the issuance of The Monroe County Building
Department Permit No. 9010000516 and Permit No. 9010000519 on May
4, 1990; and
WHEREAS, Tarmac Florida, Inc. and CBT asserted that they
have a vested right to continue its mining operations at the
Cudjoe Key Quarry; and
WHEREAS, The Florida Department of Community Affairs and
Tarmac Florida, Inc. and CBT desire to amicably settle and
resolve the foregoing dispute by agreement; and
WHEREAS, the Florida Department of Community Affairs and
Tarmac Florida, Inc. and CBT agree to the following:
1. Tarmac Florida Inc. and CBT shall withdraw their application
for Permits No. 9010000516 and No. 9010000519 as they relate to
the Big Pine Quarry; and
2. Tarmac and CTB shall follow such shoreline sloping provisions
for the Big Pine Quarry as may be required by Rule 16C-
Resolution #
36.008(7)(a), Florida Administrative Code, Limestone Reclamation
Requirements of the Department of Natural Resources, Division of
Resource Management, effective July 16, 1987; and
WHEREAS, the staff report by Robert Herman, Director of
Growth Management, and Lorenzo Aghemo, Director of Planning,
found that the agreement between the Florida Department of Commu-
nity Affairs and Tarmac Florida, Inc. complies with the Monroe
County Land Development Regulations; and
WHEREAS, the Director of Growth Management, the Director of
Planning and the planning staff consider the agreement to be in
the public health, safety and welfare; and
WHEREAS, therefore, the staff report by Robert Herman, Direc-
tor of Growth Management, and Lorenzo Aghemo, Director of Plan-
ning, recommends approval of the agreement and recommends that
the Board of County Commissioners authorize the Mayor to execute
the agreement between the Florida Department of Community Affairs
and Tarmac Florida, Inc. and CBT;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:
That the Board of Commissioners of Monroe County, Florida,
agrees with the recommendation of the Director of Growth
Manangement, the Director of Planning and the planning staff that
the execution of this agreement would be in the best interests of
the citizens of Monroe County and we hereby approve and adopt the
agreement between the Florida Department of Community Affairs,
Tarmac Florida, Inc. and CBT; and
That the Mayor is hereby authorized to execute the agree-
ment between the Florida Department of Community Affairs, Monroe
County, Tarmac Florida, Inc. and CBT, a copy of said agreement is
attached hereto and incorporated by reference; and
Resolution #
That the Clerk of the Board is hereby directed to forward
three execa+e-d- copies of the agreement to the Department of
Community Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 12th day of
March
Mayor Harvey Yes
Mayor Pro Tem London Yes
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont Yes
(SEAL)
, A.D., 1991.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairman
Attest: DANNY 4 YOiHAQ4 Cgprk
We
Resolution #
Resolution #
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
IN RE: EXTENSION OF BUILDING
PERMITS (BIOLOGICAL PERMIT - MINING Case No. 90-923
AND EXCAVATION) NO. 9010000516 and
9010000519 ISSUED TO TARMAC
FLORIDA, INC., BY MONROE COUNTY
IN THE FLORIDA KEYS AREA OF
CRITICAL STATE CONCERN
AGREEMENT
(Big Pine Key)
This Agreement is entered into by Tarmac Florida, Inc., a Florida corporation
('Tarmac"), C.T.B., Inc., a Florida Corporation, ("CTB"), and the State of Florida,
Department of Community Affairs ("DCA'), pursuant to Section 380.032(3), Florida
Statutes (1989).
RECITATIONS
This Agreement is based upon the following statements of fact and of law:
1. CTB is the owner of property located in Monroe County, Florida, which is now,
and has been for many years, used for limestone quarrying, commonly known as the Big
Pine Quarry. Tarmac is the mining operator of the Big Pine Quarry under a Mining and
Royalty Agreement dated August 1, 1984, as amended and assigned, (the "Mining
Agreement") .
2. On March 20 1990, Monroe County, Florida issued an extension and
renewal of the Mining and Excavation Permit No. 9010000516 for the Big Pine Quarry
I
and the Blaster and User Permit No. 9010000519 associated with quarrying operations
in the Big Pine Quarry, and elsewhere in Monroe County, Florida.
3. The DCA is the land planning agency of the State of Florida exercising duties
and responsibilities set forth in Chapter 380, Florida Statues, including the provisions of
Sections 380.05 and 380.0552 applicable to the Florida Keys Area of Critical State
Concern. The DCA has asserted that it has the authority and responsibility under Section
380.07, Florida Statutes, to review the Mining and Excavation Permit No. 9010000516
and Blaster and User Permit No. 9010000519 issued by Monroe County, Florida to
Tarmac on March 20, 1990 for the Big Pine Quarry, within 45 days after receipt thereof,
to determine whether such Permits comply with the Monroe County Comprehensive Plan
and Land Development Regulations and Chapter 380, Florida Statutes.
4. On May 4, 1990 the DCA filed a Notice of Appeal from the issuance by Monroe
County, Florida of the extension and renewal of the Mining and Excavation Permits No.
9010000516 and 9010000519 relating to the Big Pine Quarry, to the Florida Land and
Water Adjudicatory Commission, (the "FLAWAC") where the appeal was assigned Case
Nos. 90-023.
S. Tarmac and CTB have previously asserted that their rights to continue mining
operations pursuant to the Permits issued by Monroe County, Florida in 1985, which
they assert have been continually renewed and extended since that time, have vested, and
that the DCA has no basis or jurisdiction, pursuant to the express provisions of Section
380.05 (18), Florida Statutes, to appeal from Monroe County's issuance of an extension
and renewal of such Permit in 1990. The DCA has asserted that no vested rights exist,
2
and that Permits No. 9010000516 and 9010000519, as they relate to the Big Pine
Quarry, do not comply with land development regulations of Monroe County, Florida.
6. The parties however, desire to amicably settle and resolve the foregoing dispute
by agreement to withdraw Tarmac's and CTB's application for a permit to complete the
approved mining and excavation plans for the Big Pine Quarry, as evidenced pursuant to
the Mining and Excavation Permits issued by Monroe County, Florida to Tarmac and CTB
relating to the Big Pine Quarry. CTB joins in this Agreement as owner of the real
property at issue to effectuate the terms hereof.
NOW THEREFORE, in consideration of the premises and the mutual covenants
hereinafter set forth, the parties hereto agree as follows:
1. RECITAIS. The foregoing recitals are true and correct.
2. WITHDRAWAL OF APPLICATION FOR PERMIT. Tarmac and CTB hereby
agree to withdraw their application for Permits No. 9010000516 and 9010000519 as they
relate to the Big Pine Quarry:
3. RECLAMATION OR RESTORATION PLAN. Tarmac and CTB shall follow
such shoreline sloping provisions for the Big Pine Quarry as may be required by Rule
16C-36.008(7)(a), Florida Administrative Code, Limestone Reclamation Requirements of
the Department of Natural Resources, Division of Resource Management, effective
July 16, 1987, a copy of which is attached hereto and incorporated herein as Exhibit A.
4. AUTHORITY. This Agreement is made by DCA pursuant to its legal
authority under Section 380.032(3), Florida Statutes, and is enforceable pursuant to
Section 380.11, Florida Statutes.
-0
5. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of
and be binding on the successors and assigns of the parties.
6. EFFECIM DATE. The effective date of this Agreement is that date when
the last party hereto signs a counterpart of this Agreement.
7. RECOMMENDATION TO FLAWAC. The parties hereto recommend approval
of this Agreement and issuance of a Development Order by FLAWAC incorporating the
conditions set forth above. This recommendation includes resolution of that portion of
the appeal relating to Permit No. 9010000519 (Blaster and User permit) only as it applies
to the Big Pine Quarry site.
IN WITNESS WHEREOF, the parties have duly executed this Agreement and agreed
to be bound by its terms.
C.T.B., Inc.
Tarmac Fly Ind
LIM
4
Reviewed for legal form and
Sufficiency:
By:. / 014afl��r
Attorney, DCA
COMAS G. PELHAM, Secretary,
Department of Community Affairs,
State of Florida
MONROE COUNTY
By:
Wilhelmina Harvey, Mayor
(SEAL)
my
STATE OF
COUNTY OF_,
Subscribed and sworn to before me by
��President of C.T.B, Inc., a Florida Corporation this day of
—a =:2�i
V)% on behalf of the corporation.
Notary Public
My Commission expires:
STATE OF f'L_o g i pfI
COUNTY OF 62o-kJ,9-•2D
Subscribed and sworn to before me by Robert F.,S5ully, President of Tarmac
Florida, Inc., a Florida Corporation this o?oZ day of 1990 on behalf of
the corporation.
otary Public
?nTARY PliBLiC 'TATE OF FV;?_CAA
My Commission expires:. ar ^>:iSIT"IN W AUK :
?"
STATE OFc-_,ij_ w —
COUNTY OFr).-
Subscribed and sworn to before me by Thomas G. Pelham, Secretary of the State
f Florida, Department of Community Affairs, State of Florida, this day of
199&on behalf of the State of Florida Department of Community Affairs.
No Public
M Commission expires: �s 4, 1992
M
STATE OF FLORIDA
COUNTY OF MONROE
Subscribed and sworn to before me b Wilhelmin ary y,
Mayor of Monroe County, Florida, this day of
1991, on behalf of Monroe County, Florida.
C), /4v
Notary Pu lic
My Commission Expires:
no" Mk' *aft Of Fio *
MY Commission EyPires .jsA 24, 19"
NOMW Thru Trey foie • Insworze Inc.
7
.r
RULES
OF THE
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF RESOURCE MANAGEMENT
CHAPTER 16C-36
LIMESTONE RECLAMATION REQUIREMENTS
EFFECTIVE: JULY 16, 1987
Questions or comments about these rules should be sent to:
Limestone Reclamation
Bureau of Mine Reclamation
903 West Tennessee Street
Tallahassee, FL 32304
Phone: 904/488-8217
EXHIBIT A —
f
CONTENTS
OF
CHAPTER 16C-36
LIMESTONE RECLAMATION REQUIREMENTS
Section
Title
Page
16C-36.001
Intent and Applicability .....................
1
16C-36.002
Definitions ............ .. ......... .....
1
16C-36.003
Notices, Plans, and Information Required.....
3
16C-36.004
Document Format and Standards ................
5
16C-36.005
Notification Procedures ......................
6
16C-36.006
.........
Agency Review Procedures .....................
6
16C-36.007
Confidentiality and Availability ofRecords..
7
16C-36.008
Reclamation Standards ........................
7
16C-36.009
Inspections.. ..............................
10
16C-36.010
Release Procedures ...........................
11
16C-36.011
Reports ......................................
11
16C-36.012
Violations, Injunctive Relief, and Penalties.
12
16C-36.013
Donations of Land ............................
12
16C-36.014
Forms ........................................
12
16C-36.001
16C-36.002
16C-36.003
16C-36.004
16C-36.005
16C-36.006
16C-36.007
16C-36.008
16C-36.009
16C-36.010
16C-36.011
16C-36.012
16C-36.013
16C-36.014
RULES
OF THE
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF RESOURCE MANAGEMENT
CHAPTER 16C-36
LIMESTONE RECLAMATION REQUIREMENTS
Intent and Applicability
Definitions
Notices, Plans, and Information Required
Document Format and Standards
Notification Procedures
Agency Review Procedures
Confidentiality and Availabil
Reclamation Standards
Inspections
Release Procedures
Reports
Violations, Injunctive Relief
Donations of Land
Forms
ity of Records
and Penalties
16C-36.001 Intent and Applicability.
(1) The intent of the rules in this chapter is to assure that:
(a) Florida's lands, waters, and wetlands which are mined to remove
limestone from underlying strata are reclaimed in accordance with the
provisions of chapter 378, part IV, Florida Statutes.
(b) The department's regulatory procedures and standards are
clearly set forth so that all interested citizens will understand the means by
which required notices and conceptual reclamation plans are reviewed and
reclamation activities are monitored.
(2) Nothing in these rules shall be:
.(a) Construed to limit, abridge, or alter any agency's duties,
authority, and responsibilities, as otherwise provided by law.
(b) Deemed to preempt local ordinances that impose stricter
reclamation and restoration standards.
(3) The department's authority extends only to reclamation activities
and not to the extraction or material processing of limestone.
Specific Authority 370.021, 378.404 FS.
Law Implemented 378.404, 378.412 FS.
History - New 7-16-87.
16C-36.002 Definitions. For the purpose of this chapter, the following
words and terms shall have the definitions and meanings ascribed to them in
this section:
(1) "Agency" means an official, committee, department, commission,
officer, division, authority, bureau, council, board, section, or unit of
government within the state, including a county, municipality, or other local
or regional entity or special district.
(2) "Bureau" means the Bureau of Mine Reclamation, 903 West Tennessee
Street, Tallahassee, Florida 32304.
-1-
'16C-36 LIMESTVnc LXLAMATION REQUIREMENTS 7-6-87
(3) "Certified" means approved by the executive director to administer
the requirements of this chapter. This term shall only apply to the
Department of Transportation or a local government.
(4) "Conceptual plan" means a generalized graphic and written
description of mining and reclamation activities.
(5) "Department" means the Governor and Cabinet, sitting as the head of
the Department of Natural Resources.
(6) "Executive director" means the chief administrative officer of the
department or his designee.
(7) "Existing mine" means any mine upon which an operation is being
conducted, or has been conducted, on October 1, 1986.
(8) "Extraction" means the removal of limestone from its location, so as
to make it suitable for commercial, industrial, or contruction use; but does
not include excavation soley in aid of on -site farming or on -site
construction, nor the process of searching, prospecting, exploring, or
investi ating for limestone by drilling.
(93 "Limestone" means any extracted material composed principally of
calcium or magnesium carbonate. This includes coquina and shell.
(10) "Local government" means any county or municipality.
(11) "Mine" means an area of land upon which mining operations have been
conducted, are being conducted, or are planned to be conducted, as the term is
commonly used in the trade.
(12) "New mine" means any mine that is not an existing mine.
(13) "New surface area" means any area at an existing mine which is
initially disturbed by mining operations after January 1, 1989, or where
removal of undisturbed overburden begins after January 1, 1989.
(14) "On -site" means within the contiguous limits of an area of land
under one ownership or control and upon which farming or construction
activities are taking place. Areas of land that are divided by public or
private roads are considered contiguous if such areas are under one ownership
or control.
(15) "Operation" means any activity, other than prospecting, necessary
for site preparation, extraction, waste disposal, storage, or reclamation.
116) "Operator" means any person engaged in an operation.
17) "Overburden" means soil and rock removed to gain access to the
limestone in the process of extraction and means such soil or rock before or
after its removal. This does not include tailings or screenings generated by
limestone processing.
(18) "Reclamation" means the reasonable rehabilitation of land where
limestone extraction has occurred.
(19) "Sheer wall" means any near vertical surface of consolidated
limestone that is above the water table and ten feet or more in height.
(20) "Wetlands" means any area having dominant vegetation as defined and
listed in Department of Environmental Regulation Rule 17-4.022, Florida
Administrative Code, regardless of whether the area is within the Department
of Environmental Regulation's jurisdiction or whether the water bodies are
connected.
Specific Authority 370.021, 378.404 FS.
Law Implemented 378.403, 378.404 FS.
History - New 7-16-87.
-2-
16C-36 LIMESTONE RECLAMATION REQUIREMENTS 7-6-87
16C-36.003 Notices, Plans, and Information Required.
(1) New Mines. Operators of new mines shall notify the executive
director of their intent to mine or their commencement of mining operations,
as follows:
(a) Subsequent to the effective date of this rule, no operator may
begin the process of extraction at a new mine without notifying the executive
director of the intent to mine at least 60 days prior to the beginning of
mining operations. The notice shall include the information required in
subsection (3) below.
(b) For those mines where extraction began after January 1, 1987,
and on or before the effective date of this rule, notices of intent to mine
shall be provided within 60 days of the effective date of this rule. Such
notices shall be considered notices of intent to mine even though mining
operations have already begun and shall include the information required in
subsection (3) below.
(c) For those mines where extraction began after October 1, 1986,
and before January 2, 1987, the operator shall provide the executive director
with the information required in subsection (3) below within 60 days of the
effective date of this rule.
(2) Existing Mines.
(a) Prior to January 1, 1988, each operator shall provide the
executive director a documented list of its existing mines which shall include
the operator's name, address, phone number and the name, address, phone
number, and plan view of each mine. The plan view shall be a map or good
quality aerial photograph facsimile which includes the mine name, mine
boundary, north arrow, section -township -range data, marked section corners,
scale, date prepared, and date flown, if applicable.
(b) By January 1, 1989, operators of existing mines who intend to
disturb new surface areas after January 1, 1989, shall provide a conceptual
plan for mining and reclamation for review in accordance with section
16C-36.006 for the new surface -areas . The content of the plan
shall be as require n paragraphs (3)(a) and (b) below.
(3) Information Required. In order to clearly identify the operator and
the mine location and to evalute the operator's understanding of and probable
compliance with the reclamation performance standards in section 16C-36.008,
the executive director must obtain a minimum amount of information for each
mine; therefore, the following information shall be provided in whole or in
part, as specified in subsections (1) and (2) above:
(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.
IME
16C-36 LIMESTONE RECLAMATION REQUIREMENTS 7-6-87
(b) Conceptual plan. A conceptual plan for mining and reclamation
shall include:
1. Separate maps that show the:
a. Mine boundary on the most recent U.S. Geological
Survey, 1:24,000, topographic map or maps of the mine area.
b. Total area to be mined and disturbed. Areas to be
disturbed, but not mined, shall be identified separately. This map shall also
show the projected sequence of mining. In addition, for existing mines this
map shall show areas that have been or will be mined or disturbed before
January 1, 1989, and the current status of those areas.
c. Approximate depths to which mining will occur or depth
to the water table, if mining will occur below the water table.
d. Estimated postreclamation topography, drainage
features, and structures.
e. Planned postreclamation vegetation.
2. Typical cross sections that clearly show the design of
reclaimed sheer walls and shore line treatments for water bodies.
3. A general discussion of the mining operations and
reclamation activities.
4. An estimated time schedule for reclamation.
5. The estimated life of the mine.
6. 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 Regulation, water use or surface water
management permits issued for existing and proposed facilities or works, and
any permits and reclamation plans approved by the appropriate local
government.
7. A list of pending permit applications which are related to
reclamation.
8. A list of other permits which are related to reclamation
and are known to be required.
9. A copy of the Application for Development Approval and the
Development Order, if applicable.
(c) Signed acknowledgment of reclamation performance standards.
(4) Cessation of Operations. An operator shall notify the executive
director within at least 30 days after the temporary or permanent cessation of
mining at a mine. Notice shall not be required when the temporary cessation
period is less than six months.
(5) Conceptual Plan Changes.
(a) An operator shall notify the executive director of the
following changes to the conceptual plan prior to implementing such changes.
Such changes are changes in the:
1. Originally noticed area to be mined that are greater than
20 percent or 100 acres, whichever is smaller.
2. Reclamation design of sheer walls or shorelines.
3. Elevations of reclaimed uplands that are greater than 10
feet and affect more than 20 percent or 100 acres, whichever is smaller, of
the disturbed area.
4. Postreclamation drainage patterns that affect more than 20
percent or 100 acres, whichever is smaller, of the disturbed area.
5. Revegetation plan which affect more than 20 percent or 100
acres, whichever is smaller, of the area to be revegetated.
6. Plan that are not consistent with the reclamation standards
in section 16C-36.008.
-4-
16C-36 LIMESTONE RECLAMATION REQUIREMENTS
7-6-87
(b) The notification required in paragraph (a) above shall include
the following information:
1. Name of mine.
2. Name of operator.
3. Agency identification code for the plan.
4. A description of the change.
(c) An operator shall notify the executive director
changes in a given calendar year to the conceptual plan in the
covering that calendar year.
Specific Authority 370.021, 378.404, 378.501(3) FS.
Law Implemented 378.501, 378.502 FS.
History - New 7-16-87.
of all other
annual report
16C-36.004 Document Format and Standards.
(1) All notices, conceptual plans, conceptual plan changes, and reports
shall be submitted using the forms incorporated by reference in section
16C-36.014. Standardized forms are needed to assure that all requests that
require agency action are handled in an efficient and expeditious manner.
Additional pages needed to complete each form shall conform to the standards
in this section. The operator shall submit three copies of each form and its
attachments.
(2) All copies of documents shall be of good quality and clearly
legible.
(3) At least one copy of all documents that are to be signed shall bear
an original signature.
(4) All documents shall be submitted in an 8 1/2- by 11-inch format with
a minimum margin of one inch on all sides. Original maps, drawings, and cross
sections may be larger than 8 1/2 by 11 inches, but no larger than 30 by 40
inches. Copies of such oversized documents shall be available in both the
original scale and the 8 1/2- by 11-inch format.
(5) All maps, drawings, and cross sections shall be of a scale suitable
to show the required information. Or% nal map scales shall be no smaller
than one inch equals 500 feet, except for the required 1:24,000 topographic
maps.
(6) All maps, drawings, and cross sections shall include at least the
following information:
(a) Titles that explain their purpose.
(b) Legends that explain all symbols and patterns used.
(c) Scales, where appropriate. Scale bars shall be provided at a
minimum.
(d) Location, where appropriate, including sections, townships,
ranges, and counties. Maps or plan views shall include at least three fixed
points referenced to section corners. When possible these points shall be
section corners, but they should not be in a straight line. Cross sections
shall have clearly defined end points that shall be located accurately on an
inset or other map.
(e) North arrow, where appropriate.
.Specific Authority 370.021, 378.404, 378.501(3) FS.
Law Implemented 378.404(1)-(2), 378.501(3) FS.
History - New 7-16-87.
-5-
16C-36 LIMESTONE RECLAMATION REQUIREMENTS
16C-36.005 Notification Procedures.
(1) All operators are encouraged to tak
7-6-87
e
plans.
(2) All operators shall inform the bureau before submitting a notice of
intent to mine or conceptual plan for mining and reclamation. Within seven
days, the bureau shall notify the operator of the appropriate agency to which
the notice of intent to mine or conceptual plan shall be submitted.
(3) Once the bureau notifies the operator, under subsection (2) above,
the operator shall submit all notices, plans, reports, and other required
documents to the specified agency, unless the bureau notifies the operator
otherwise.
Specific Authority 370.021, 378.404, 378.411(6) FS.
Law Implemented 378.411(6) FS.
History - New 7-16-87.
16C-36.006 Agency Review Procedures. All agency reviews shall be
conducted as follows:
(1) Within 30 days after receipt of an operator's notice of intent to
mine, conceptual plan, or other notice, the executive director shall review
the plan or notice and shall request the submittal of all additional
information the agency is permitted by law to require.
(2) The operator shall provide the additional information requested
within 45 days of receipt of the request or request an extension to the 45-day
period. The extension request shall include the date by which the information
can be provided and the reason for the extension. The executive director
shall approve reasonable requests that are based on a need to complete data
collection.
(3) If the operator believes any agency request for additional
information is not authorized by law or agency rule, the operator may request
a hearing pursuant to section 120.57, Florida Statutes.
(4) Within 30 days after receipt of the requested additional
information, the agency shall review it and may request only such information
needed to clarify the received additional information.
(5) If the operator believes the request of the agency for such
additional information, requested pursuant to subsection (4) above, is not
authorized by law or agency rule, the agency, at the operator's request, shall
proceed to process the plan or notice.
(6) The executive director shall notify the operator as to the
sufficiency of a notice of intent to mine, conceptual plan, or other notice
within 90 days after receipt of the original notice or plan, the last item of
timely requested additional information, or the operator's written request to
begin processing the notice or plan.
Specific Authority 378.404 FS.
Law Implemented 378.404(3), 378.405 FS.
History - New 7-16-87.
-6-
16C-36 LIMES.TONE RECLAMATION REQUIREMENTS
7-6-87
16C-36.007 Confidentiality and Availability of Records.
(1) All information received by the agency shall be handled, with
respect to confidentiality, pursuant to section 378.406, Florida Statutes.
(2) Each original page of all confidential documents shall be stamped
the operator with the word CONFIDENTIAL in bold red letters.
S3) The legal basis for the confidentiality of any information shall
provied as a cover statement for all documents containing confidential
information.
(4) All information received from the operator, except as provided in
subsection 378.406(1), Florida Statutes, shall be available for public
inspection and duplication, pursuant to subsection 378.406(2), Florida
Statutes.
(5) Should the executive director determine any alleged confidential
information not to be confidential, he shall provide the operator with not
less than 30 days' notice of his intent to release the information.
Specific Authority 370.021, 378.404 FS.
Law Implemented 378.406 FS.
History - New 7-16-87.
by
be
16C-36.008 Reclamation Standards. The following standards shall apply
to each entire new mine after October 1, 1986, and to any new surface area
disturbed after January 1, 1989, at existing mines.
(1) All reclamation activities shall be initiated at the earliest
practicable time.
(a) Where overburden is used to eliminate sheer walls, the
placement of overburden against any section of sheer wall shall begin as soon
as practical after mining operations are no longer taking place along that
section, but no longer than six months after overburden becomes available and
mining operations are complete. Contouring of the overburden shall be
completed no later than six months after the overburden has been placed.
(b) The requirements in subsections (7) and (8) below for treating
final shorelines and sheer walls shall be initiated and completed no later
than one year after the calendar year in which the length and final location
of shoreline or dry sheer wall was established and other mining operations
have ceased in such area. The executive director shall waive this requirement
for any reasonable length of time when necessary to prevent the unacceptable
contamination of the resource being extracted.
(c) Revegetation activities shall be initiated as soon as practical
and completed no later than one year after the calendar year in which the
final contours are established in an area and revegetation activities would
not interfere with mining operations.
(d) Reclamation activities through revegetation shall be completed
within three years of the final cessation of mining operations at the mine.
(e) If mining operations temporarily cease at a mine for more than
24 months:
1. The requirements of subsections (7) and (8) below shall
begin immediately and be completed at a rate of at least 1000 feet of
shoreline or dry sheer wall per three-month period; or
2. The operator shall post a bond or other surety in an amount
reasonably related to the cost of completing reclamation and for the Period of
time the initiation of reclamation will be delayed, both of which shall be
acceptable to the executive director; or
-7-
16C-36 LIMESIUnt RECLAMATION REQUIREMENTS 7-6-87
3. The operator shall begin reclaiming an equivalent amount of
nonmandatory land at the rate specified in subparagraph 1. above.
4. Compliance with the requirements of subparagraphs 1., 2.,
and 3. above shall be tolled by the length of time that a temporary cessation
results from attempts to obtain necessary permits for operations.
5. The executive director shall waive the commencement of the
requirements in subparagraphs 1., 2., and 3. above for good cause for the
length of time necessary, up to a maximum of one year.
(f) If mining operations cease, for whatever reason, for more than
five years at a mine, then all of the requirements of this section shall be
met. This period shall be extended for a maximum of five years when the
cessation of mining is caused by governmental action during the review of
environmental permit applications. However, the executive director shall
direct the operator to complete those reclamation activities necessary to
protect the public health and safety.
(g) When mining occurs in layers, then paragraphs (e) and (f) above
shall apply, if mining of the next lower stratum does not begin within five
years after the completion of mining of the previous upper stratum.
Revegetation of a lower stratum intended for mining shall be delayed, pending
the results of a feasibility study on the ability of such a stratum to be
revegetated.
(h) The requirements of paragraphs (e), (f), and (g) above shall be
suspended upon the resumption of mining.
(i) The initiation and completion dates shall be determined based
on information provided in the annual reports and verified by executive
director.
(2) Reclamation activities shall be consistent with all applicable local
government ordinances at least as stringent as the criteria and standards
contained in this section.
(3) Reclamation shall achieve the stormwater drainage, wetlands, and
other surface and groundwater management requirements of the Department of
Environmental Regulation and the appropriate water management district.
(4) Provisions for safety to persons, wildlife, and adjoining property
must be provided.
(a) Site cleanup.
1. All lands shall be reclaimed to a neat, clean condition by
removing or adequately burying, where allowed by law, all visible debris,
litter, junk, worn-out or unuseable equipment or materials, as well as all
poles, pilings, and cables.
2. Large rocks and boulders shall be placed at the base of
sheer walls to the extent practical to provide fill for establishing
acceptable slopes; otherwise, they shall be placed in common locations at the
surface or buried to a minimum depth of four 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 uses that are compatible with the
reclamation oals.
(c� Slopes. The department recognizes that the occurrence of
overburden varies widely from mine to mine and that the management of
overburden must be based on site -specific plans. Therefore, in addition to
providing soil for revegetation purposes, overburden should be utilized to
reduce the occurrence of slopes steeper than four horizontal feet for each
vertical foot.
-8-
16C-36 LIMESTONE RECLAMATION REQUIREMENTS 7-6-87
(5) The operator shall use the best management practices to minimize
erosion.
(a) The use of native topsoils is encouraged, especially in areas
reclaimed for aquatic or wildlife habitats.
(b) Where topsoil is not used, the operator shall use a soil or
growing medium, including amendments, suitable for the type of vegetative
communities planned.
Jc) Long, continuous slopes should be avoided.
d) Mulching, contouring, and other suitable techniques shall be
used to enhance stabilization. Should washes or rills develop after
revegetation and before final release of the area, the operator shall repair
the eroded areas and stabilize the slopes.
(e) A suitable berm or backsloping shall be used along the tops of
sheer walls above any required transition benches to prevent uncontrolled
surface runoff over the sheer wall.
(6) Reclamation shall include revegetation, with species native to the
area, of littoral zones and upland areas, except that revegetation shall not
be required in those areas where revegetation is impractical or not in
accordance with good land management practices.
(a) The operator shall develop a plan for the proposed
revegetation, including the species of grasses, shrubs, trees, and aquatic and
wetland vegetation to be planted, the spacing of vegetation, and, where
necessary, the program for treating the soils to prepare them for
revegetation.
(b) Except as provided below, all upland must have established
ground cover for a period of at least one year after planting over 80 percent
of the reclaimed upland area, excluding roads, groves, row crops, or any area
that qualifies under paragraph (f) below. No bare area shall exceed
one -quarter (1/4) acre.
(c) When consistent with proposed land uses, at least 0 of
the upland and littoral zone areas shall be revegetated as forested areas with
a variety o Indigenoushardwoods an conifers. An area will be considered to
be forested if a stand density of 200 trees per acre is achieved one Year
after pplanting. When forestation is not consistent withproposed land uses,
one -a lon, containerized trees shall be planted on the upland and littoral
discretion of the operator. This latter requirement shall be met when at
least 80 percent of the containerized trees are living one year after
planting.
(d Sheer walls are not subject to the revegetation requirement.
(e) Transition shelves required under paragraph (7)(c) below shall
be revegetated with perinneal grasses.
(f) Revegetation shall not be regired in those areas where
revegetation is impractical or not in accordance with good land management
practices. Such areas shall be identified by the operator in the conceptual
plan. In addition to identifying these areas, the operator shall provide the
basis for considering such areas to be qualified under this paragraph.
(g) Water body shorelines shall be revegetated with a variety of
native littoral zone species.
(7) Extraction which results in a water body shall provide one of the
following shoreline treatments:
16C-36 LIMESTONE RECLAMATION REQUIREMENTS 7-6-87
(a) A littoral shelf not less than 18 feet in width with a berm on
the waterward side. The shelf shall not be more than one foot below the
design average low water level or higher than one foot below the average water
level. The elevation of the top of the berm shall not be higher than one foot
above the average high water level and the berm shall be cut every 200 feet to
allow exchange of water at low water levels. Such cuts shall be at least 10
feet wide at the top of the berm and at least two feet wide at the base of the
berm.
(b) A straight slope not steeper than 1 vertical to 3 horizontal,
and extending downward from average water level to 6 feet below the average
water level.
(c) Where a sheer wall results, then in lieu of a shoreline
treatment, access shall be controlled by the use of berms, fences, or other
restrictive methods acceptable to the department, all of which shall be used
in conjunction with a transition shelf of at least 10 feet in width that shall
be constructed five feet below the top of such sheer walls.
(d) Slope requirements of the U.S. Army Corps of Engineers or the
Department of Environmental Regulation under the Warren S. Henderson Wetlands
Protection Act of 1984 shall be acceptable when permits have been approved and
copies have been provided to the executive director.
(e) The executive director shall allow other shoreline treatments
that are consistent with the safety and environmental considerations of this
rule and shall consult with other appropriate governmental agencies in making
his determination.
(8) Where a dry sheer wall results, access shall be controlled by the
use of berms, fences, or other restrictive methods, all of which shall be used
in conjunction with a transition shelf of at least 10 feet in width that shall
be constructed five feet below the top of such sheer walls.
Specific Authority370.021, 378.404 FS.
Law Implemented 378.404(8), 378.503 FS.
History - New 7-16-87.
16C-36.009 Inspections.
(1) Inspections shall be conducted pursuant to section 378.407, Florida
Statutes.
(2) If another agency has been certified, pursuant to section 378.411,
Florida Statutes, the head of such other agency shall act on behalf of the
executive director for the purposes of this section.
(3) Certification, pursuant to section 378.411, Florida Statutes, shall
not preempt the right of the department's staff to carry out inspections
pursuant to section 378.407, Florida Statutes.
Specific Authority 370.021, 378.404 FS.
Law Implemented 378.407 FS.
History - New 7-16-87.
-10-
. 16C-36 L.I,MESTONE RECLAMATION REQUIREMENTS
7-6-87
16C-36.010 Release procedures.
(1) Upon completion of reclamation requirements in an area, the operator
shall notify the executive director and provide a map which specifically
delineates the completed area.
(2) Within 60 days after receipt of the notification, the executive
director shall notify the operator in writing whether or not an inspection
will be made within one year after receipt of the operator's notification.
The executive director's notification shall include the date the inspection
will occur, if an inspection is scheduled.
(3) Within 30 days after the inspection, the executive director shall
notify the operator in writing that the area is released or what work must be
done before release can be granted.
(4) If the executive director notifies the operator that the area will
not be inspected, the area shall be released from reclamation requirements at
the end of the second year after receipt of the operator's notification.
(5) If an operator wishes to resume mining operations within a released
area, the area to be disturbed shall be considered to be an undisturbed area
for the pugposes of this chapter and notification shall be made in accordance
with the full provisions of this chapter.
Specific Authority 370.021, 378.404 FS.
Law Implemented 378.404(8) FS.
History - New 7-16-87.
16C-36.011 Reports.
(1) On or before April 1 of each year, each operator shall submit to the
executive director a report for the previous calendar year for each mine under
his control. No report shall be required in calendar year 1987; however, any
report submitted in calendar year 1988 shall cover the period October 1, 1986,
through December 31, 1987. No report shall be required for existing mines
until March 1, 1990; this report shall cover the previous calendar year only.
Each report shall be submitted on the form incorporated by reference in
section 16C-36.014 and shall include the following for the report period:
(a) Name and address of the operator, name of the mine, and year
covered by the report.
(b) The number of acres on which extraction occurred during the
previous calendar year.
Each area that became available for contouring or revegetation.
jc)
d) The number of acres disturbed, but not mined, and the nature of
the disturbances.
e) The number of acres on which contouring has been completed.
f) The number of acres on which revegetation has been completed.
g) A map that illustrates paragraphs (b) through (f) above. To
the extent possible, maps submitted with the second and each successive report
shall include the information shown on maps submitted with Previous reports.
The maps may be drawn on plain paper or an aerial photograph facsimile and
shall meet the document standards in section 16C-36.004.
(h) A discussion of all changes to the conceptual plan that were
not provided in a notice to the executive director.
(2) The bureau shall examine each report and notify the operator of any
apparent errors or omissions.
(3) The operator shall respond to the bureau's request within 60 days of
receipt.
-11-
16C-36 LIMESTONE RECLAMATION REQUIREMENTS 7-6-87
Specific Authority 370.021, 378.404 FS.
Law Implemented 378.404(1), 378.404(8) FS.
History - New 7-16-87.
16C-36.012 Violations, Injunctive Relief, and Penalties.
(1) Upon determination by the executive director that an operator is in
violation of any requirement of this chapter, he shall notify the operator in
writing by certified mail of the nature of the violation and specify dates by
which corrective action shall begin and be completed.
(2) If the operator fails to take corrective action as specified in the
notice of violation, the executive director may institute civil action in a
court of competent jurisdiction to seek injunctive relief to enforce
compliance with the requirements of this chapter and to impose and recover any
civil penalty allowed by section 120.069, Florida Statutes.
(3) Any operator who begins resource extraction without meeting the
requirements of this chapter is liable, pursuant to section 378.409, Florida
Statutes, to the state for any damages.
Specific Authority 370.021, 378.404 FS.
Law Implemented 120.69, 378.408, 378.409 FS.
History - New 7-16=87.
16C-36.013 Donations of Land. An operator holding title to lands mined
or to be mined may request the department to accept a donation of such lands
as part of completing reclamation pursuant to these rules. Such request shall
be accompanied by an offer to transfer to the state title to the land involved
and suitable ingress and egress therefrom. Such requests shall be considered
by the Board of Trustees of the Internal Improvement -Trust Fund. If accepted
as donations, such lands may be leased back to the operator for mining
operations.
Specific Authority 370.021, 378.404 FS.
Law Implemented 211.32, FS.
History - New 7-16-87.
16C-36.014 Forms. The following forms are available from the Bureau of
Mine Reclamation and are incorporated by reference:
(1) Notice of Intent to Mine Limestone, Limestone Form 1,
DNR 53-025(16), effective 6/87.
(2) Limestone Mine General Information and Conceptual Plan for Mining
and Reclamation, Limestone Form 2, DNR 53-026(16), effective 6/87.
(3) Limestone Mine Conceptual Plan Change for Mining and Reclamation,
Limestone Form 3, DNR 53-027(16), effective 6/87.
(4) Limestone Mine Annual Mining and Reclamation Report, Limestone Form
4, DNR 53-028(16), effective 6/87.
(5) Limestone Mine Notice of Cessation of Operations, Limestone Form 6,
DNR 53-029(16), effective 6/87.
(6) Limestone Mine Reclamation Release Request, Limestone Form 5,
DNR 53-030(16), effective 6/87.
Specific Authority 370.021, 378.404, 378.501(3) FS.
Law Implemented 378.404(1)-(2), 378.501(3) FS.
History - New 7-16-87.
-12-
.r mestone Form 1
:,6C-36 _
Forms
FLORIDA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF RESOURCE MANAGEMENT
BUREAU OF MINE RECLAMATION
903 WEST TENNESSEE STREET
TALLAHASSEE, FLORIDA 32304
(_ DNR Use Only
File No.
BMR Code
NOTICE OF INTENT TO MINE LIMESTONE
INSTRUCTIONS: Complete the following and submit three (3) copies
to the Bureau of Mine Reclamation at the above address.
I, the undersigned authorized agent for the operator,
11
hereby notify the Executive Director of the Department of Natural
Resources that said operator intends to begin limestone mining
operations at the
In support of this notification, I offer the attached
general information and conceptual plan for mining and
reclamation.
This notice shall also be my acknowledgement of the
Mine.
reclamation performance standards in section 378.503, Florida
Statutes, as set forth in chapter 16C-36, Florida Administrative
Code.
Date
DNR 53-025(16)
06-01-87
Authorized Agent
16C-36.01,
Forms
FLORIDA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF RESOURCE MANAGEMENT
BUREAU OF MINE RECLAMATION
903 WEST TENNESSEE STREET
TALLAHASSEE, FLORIDA 32304
L.Lu,=6tone Form 2
I DNR Use On V I
I I
File No. I
I I
I Notified I
I i
I BMR Code
I I
LIMESTONE MINE
GENERAL INFORMATION AND
CONCEPTUAL PLAN FOR MINING AND RECLAMATION
INSTRUCTIONS: Complete the following and submit three (3) copies
to the Bureau of Mine Reclamation at the above address.
1. Operator
a. Name:
b. Business Address:
c. Mailing Address:
d. City, State & ZIP:
e. Telephone Number:-
2. Parent Company, Corporation, etc.
a. Name:
b. Business Address:
c. Mailing Address:
d. City, State & ZIP:
e.' Telephone Number: -
3. Mine
a. Name:
b. Business Address:
c. Mailing Address:
d. City, State & ZIP:
e. Telephone Number: _f -
4. Authorized Agent
a. Name:
b. Title/Position:
c. Business Address:
d. Mailing Address:
e. City, State & ZIP:
f. Telephone Number:-
s
5. Date mining operations began or are to begin:
6. Estimated life of the mine: years months
DNR 53-026(16)
06-01-87
Page 1 of 3
16C-36.
• Forms
__.restone Form 2
6. Mine Location:
This operation is located in ,
and counties and in eac quarter section
shaded below Tn the identified townships and ranges:
TWP
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101
1
111
1
121
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1
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1
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1
91
1
101
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1
121
1 181
I 1
171
I
161
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131
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181
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171
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161
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151
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1
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1 191
1 1
201
1
211
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241
191
201
211
221
231
241
1 301
I I
291
I
281
1
271
1
261
1
251
1
1
301
I
291
1
281
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271
261
251
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321
I
331
I
341
I
351
I
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I
1
311
1
321
1
331
1
341
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351
1
361
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21
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TWP
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7. Provide a general discussion of the
reclamation activities.
mining operations
and
S. Provide an estimated time schedule for reclamation.
9. Provide separate maps that show, as specified in rule
16C-36.003(3)(b)l., the following:
a. Mine boundary.
b. Total area to be mined and disturbed, the projected
sequence of mining, and the current status of idea,areas that
have been or will be mined or disturbed before January 1,
1989.
c. Approximate depths to which mining will occur or depth to
the water table, if mining will occur below the water
table.
d. Estimated postreclamation topography, drainage features,
and structures.
e. Planned postreclamation vegetation.
DNR 53-026(16)
06-01-87
Page 2 of 3
16C-3 6 .
Forms
---estone Form 2
10. Provide typical cross sections that clearly show the design
of reclaimed sheer walls and water bodies.
11. List all permits known to be required which are related to
reclamation and provide the current status of each permit.
Provide copies of any dredge and fill permits approved b
the U.S. Army Corps of Engineers or the Florida Department
of Environmental Regulation. Also, provide a copy of the
Application for Development Approval and the Development
Order, if applicable.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
DNR 53-026(16)
06-01-87
Page 3 of 3
16C-36.014
Forms
FLORIDA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF -RESOURCE MANAGEMENT
BUREAU OF MINE RECLAMATION
903 WEST TENNESSEE STREET
TALLAHASSEE, FLORIDA 32304
Limestone Form 3
DNR Use Only
File No. I
I Notified I
I
I I
BMR Code I
I
LIMESTONE MINE
CONCEPTUAL PLAN CHANGE FOR MINING AND RECLAMATION
INSTRUCTIONS: Complete the following and submit three (3) copies
to the Bureau of Mine Reclamation at the above address.
The following changes are requested in the approved
conceptual plan for mining and reclamation, coded
for the ,
Mine, operated by
(Identify each item number in the plan for which a change is
requested and describe the change. Use additional sheets, as
necessary.)
Date
DNR 53-027(16)
06-01-87
Authorized Agent
16C-36.014
•"orms
Timestone Form 4
FLORIDA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF RESOURCE MANAGEMENT
BUREAU OF MINE RECLAMATION
903 WEST TENNESSEE STREET
TALLAHASSEE, FLORIDA 32304
LIMESTONE MINE
ANNUAL MINING AND RECLAMATION REPORT
FOR
CALENDAR'YEAR
INSTRUCTIONS: Submit the completed form and all attachments to
the Bureau of Mine Reclamation at the above address.
MINE:
OPERATOR:
OPERATOR'S ADDRESS:
ACRES:
1. On which extraction occurred:
2. Which became available for contouring:
3. Which became available for revegetation:
4. Disturbed, but not mined:
These acres were disturbed by
5. On which contouring was completed:
6. On which revegetation was completed:
MAP: A map, as specified by rule 16C-36.011(1)(g), illustrating
items 1-6 is attached.
PERMIT STATUS: Attached is a list of approved, pending, and
other permits known to required and the current statuq, including
a brief discussion of any change since the last report, of each.
CONCEPTUAL PLAN CHANGES, PURSUANT TO RULE 16C-36.003(5)(c):
There are no changes to report.
A discussion of each change is attached.
Date
DNR 53-028(16)
06-01-87
Authorized Agent
f%iC-36. iestone Form 5
Forms
FLORIDA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF RESOURCE MANAGEMENT
BUREAU OF MINE RECLAMATION
903 WEST TENNESSEE STREET
TALLAH SSEE, FLORIDA 32304
LIMESTONE MINE
NOTICE OF CESSATION OF OPERATIONS
INSTRUCTIONS: Submit the completed form to the Bureau of Mine
Reclamation at the above address.
The
operated by
has ceased operations:
'permanently.
temporarily - operations will resume
The reason for this temporary cessation is
You may contact
at regarding this cessation,
phone number
Date Authorized Agent
DNR 53-029(16)
06-01-87
Mine,
13C-3E
• Forms,
-imestone Form 6
FLORIDA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF RESOURCE MANAGEMENT
BUREAU OF MINE RECLAMATION
903 WEST TENNESSEE STREET
TALLAHASSEE, FLORIDA 32304
LIMESTONE MINE RECLAMATION RELEASE REQUEST
INSTRUCTIONS: Submit the completed form and all attachments to
the Bureau of Mine Reclamation at the above address.
I, the undersigned authorized agent for the operator,
of the
Mine
hereby request that the area or areas of land designated on the
attached map be released from further obligation to reclaim,
pursuant to Chapter 378, Florida Statutes, and Chapter 16C-36,
Florida Administrative Code, unless any part or all of such area
or areas is again disturbed by mining operations at this mine.
In making this request, I believe that the reclamation
standards in the referenced statute and rule chapter have been
met.
Date
DNR 53-030(16)
06-01-87
Authorized Agent