Fla. Admin. Code Ann. R. 62C-17.002 - Definitions
The following words and terms shall have the definition and meaning ascribed to them in this section:
(1) "Approved Reclamation Program " shall mean
a reclamation program which has been approved by the Department.
(2) "Bureau " shall mean the department's
Bureau of Mine Reclamation, Division of Resource Management, 2051 East Dirac
Drive, Tallahassee, FL 32310-3760.
(3) "Clay Settling Area", for purposes of the
reimbursement provisions of these rules, shall mean an area completely enclosed
by and including an earthen dam used for waste clay disposal.
(4) "Committee " shall mean the Nonmandatory
Land Reclamation Committee .
(5)
"Commodity " shall mean any of the various supplies, materials, goods,
merchandise, equipment and other personal property purchased, leased or
otherwise contracted for by the Landowner for the purpose of performing the
approved reclamation activities.
(6) "Contractual Service " shall mean the
rendering by a contractor, engineer, surveyor or any other provider of a
service of its time and effort rather than the furnishing of specific
commodities.
(7) "Department " shall
mean the Governor and Cabinet sitting as the head of the Department of
Environmental Protection, 3900 Commonwealth Boulevard, Tallahassee, Florida
32303.
(8) "Dewatering Phase " shall
mean the work effort put forth to remove surface waters from clay settling
areas by the use of spillways, and the partial removal of combined waters from
waste clay by the use of ditches to facilitate and promote the drying and
crusting of waste clays. This phase includes disturbance of the earthen dams
surrounding the pond for dewatering and breaching of the dam for
abandonment.
(9) "Earthmoving
Stage " shall mean that period of time which extends from initiation of
reclamation activity to and including final contouring of the landform to the
point at which the Bureau certifies the earthmoving complete and at which point
revegetation would normally occur.
(10) "Eligible Lands " means those lands mined
or disturbed by the severance of phosphate rock prior to July 1, 1975, and
included as eligible lands in the master reclamation plan adopted pursuant to
Section
378.021,
F.S.
(11) "Eligible Parcel " shall
mean those parcels mined or disturbed by the severance of phosphate rock, prior
to July 1, 1975, which have been evaluated and determined to qualify for
reimbursement grant funding, pursuant to Chapter 378, F.S., and Chapter 62C-17,
F.A.C.
(12) "Establishment Stage "
shall mean the period of time, after the Bureau has certified the revegetation
complete, required to determine the probable survival of vegetative plantings -
normally one year. This term shall also include approved erosion and vegetation
maintenance activities.
(13)
"Evaluation Methodology " shall mean the procedures used for the determination
of parcel eligibility as set forth in the Report, "Evaluation of Pre-July 1,
1975, Disturbed Phosphate Lands."
(14) "Executive Director " shall mean the
chief administrative officer of the Department of Environmental
Protection.
(15) "Finger Lakes "
shall mean those elongate, parallel waterbodies, normally resulting from the
reclamation of a mined-out area, separated in whole or in part by narrow
uplands in such a way that their parallel elongate appearance is
preserved.
(16) "Initiation of
Reclamation Activity " shall mean the beginning of physical earthmoving or the
activities necessary to achieve abandonment of a dam within the approved
reclamation program boundaries.
(17) "Landowner " shall mean the titleholder
of record of the affected land or the agent for the titleholder of record
provided written authorization designating the agent and the specific scope of
the agent's authority is on file with the Bureau .
(18) "Mined-out Area", for purposes of the
reimbursement provisions of these rules, shall mean all eligible lands other
than clay settling areas.
(19)
"Nonmandatory Lands " shall have the meaning set forth in subsection 378.032(8),
F.S. Lands which are put into use after July 1, 1984, as a clay settling area
or a dam for use with a clay settling area are not included as nonmandatory
lands unless such lands were used for clay disposal between July 1, 1975, and
July 1, 1984.
(20) "Other
Landforms ", for the purposes of the reimbursement provisions of these rules,
shall mean those parcels defined and identified in the Report as "Hydraulically
Mined Areas", "Sand Tailings Areas" and "Other Areas" such as abandoned plant
sites, mine roads, railroad rights-of-way, ditches and canals.
(21) "Parcel " shall mean a unit of disturbed
land which is similar in landform and postdisturbance age and has been defined
and identified by a unique number by the Bureau .
(22) "Parcel Evaluation" shall mean the
examination of the physical features and conditions of a parcel pursuant to the
evaluation methodology .
(23)
"Prereclamation Application " shall mean a request by a Landowner for a
nonbinding review of a proposed reclamation program, donation or purchase of an
eligible parcel (s).
(24) "Primarily
engaged in the mining or processing of phosphate ores" shall mean any company
or corporation that is or has in the past engaged in the mining or processing
of phosphate ores within the State of Florida.
(25) "Program Site " shall mean the parcel of
land defined by a legal description and included in a reclamation program or
reclamation program application.
(26) "Put Into Use " shall mean the date a
clay settling area first receives waste clay material.
(27) "Reclaimed Landform " shall mean uplands,
submerged lands, or wetlands included in or established under an approved
reclamation program .
(28)
"Reclamation Contract " shall mean the agreement entered into between the
Department of Environmental Protection and the Landowner to implement the
Landowner's approved reclamation program .
(29) "Reclamation Program " shall mean a
specific reclamation proposal on an eligible parcel or portion of an eligible
parcel presented by a Landowner.
(30) "Reclamation Program Application" shall
mean any application for reclamation, donation, or purchase of an eligible
parcel .
(31) "Report " shall mean
the "Evaluation of Pre-July 1, 1975, Disturbed Phosphate Lands," August 1980,
including the Appendices and Map Book.
(32) "Revegetation " shall mean the providing
of a diverse permanent vegetation, indigenous to the State, capable of
self-regeneration which within a reasonable time will provide the appearance of
a natural landscape. This term shall also include erosion control
grasses.
(33) "Revegetation Stage"
shall mean the period of time during which approved revegetation is normally
done and extends from the date the Bureau certifies the earthmoving complete to
the date the Bureau certifies the revegetation complete.
(34) "Staff" shall mean employees of the
Bureau .
(35) "Substantial
Completion " shall mean the point at which the Bureau certifies the revegetation
complete.
(36) "Wetlands " shall
mean the various types of habitats and vegetative communities which exist where
the water table is at or above grade for portions of the year and shall include
forested wetlands such as hardwood swamps, cypress swamps and domes, and
nonforested wetlands such as wet prairies and freshwater marshes.
(37) "Year " shall mean the fiscal year of the
State of Florida.
Notes
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