Bureau of Mine Reclamation - Mandatory Nonphosphate Reclamation Program ------------------------------------------------------------------------------------------------------Information Circular #009 ------------------------------------------------------------------------------------------------------This circular provides information to existing and prospective participants of the Mandatory Nonphosphate Land Reclamation Program and is designed to improve the effectiveness and efficiency of communication between the bureau and the participants of the program. SUBJECT: Permits and Reclamation Documents for Extraction of Minerals Other Than Phosphate, Fuller’s Earth, Heavy Minerals, or Peat I. Purpose
The Bureau of Mine Reclamation is frequently asked for information concerning permits and reclamation plans for mines. Starting and operating a mine can be complicated and involve many government agencies. This circular is intended to identify some of the permits and other documents that may be required. It also identifies the agencies and offices that should be called for more information. It is not intended to replace or supersede any requirements identified by statute or regulation, and it does not define agency policy. This circular is not intended to apply to mines where the material leaving the site will be predominately (based on volume) fuller’s earth, heavy minerals, peat, phosphate, or any combination of these resources. Unique statutory provisions that apply only to these types of mines create different application processes for some permits. This circular does not address permits that may be required for activities not directly related to extraction and reclamation. For example, some mines may also have asphalt plants, concrete plants, or land fills. Questions concerning the regulation of air discharges should be addressed by the Air Program staff at the Department of Environmental Protection (DEP) district or branch office (Attachment 2). Questions concerning land fill permits should be addressed by the Solid Waste Program staff at the DEP district or branch office. Information concerning grandfathering and exemptions are not addressed in this circular. You are encouraged to call the agencies listed in the attachments to inquire about provisions that may apply to your specific site. Information provided in this circular is subject to change. For information about this circular, write or call the Mandatory Nonphosphate Section, Bureau of Mine Reclamation (Attachment 1). II. Local Governments
There are 67 counties and approximately 390 municipalities that may regulate activities at mines. The aspects regulated and the degree of their regulation differ for each local government. Local regulation may include: conformance with the Comprehensive Land Use Plan, impacts to wetlands, operating permits, reclamation, set backs from property lines, stormwater management, truck routes, noise, dust, hours of operation, blasting, performance bonding, garbage disposal, etc. Permits from the county health department may be needed for drinking water and sewage disposal systems. Call the local government to determine what permits and performance standards will be required. III. Water/Consumptive Use Permit
Florida is divided into five water management districts (Attachment 3). These districts regulate water quantity and the pumping of water through their Water Use Permits. (In some districts this may be called a Consumptive Use Permit.) Each district has it’s own unique set of forms, regulations, fees, and standards. For more information about this permit, call the water management district.
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IV. A.
Federal Permits Dredge and Fill Permit The U.S. Army Corps of Engineers (USACOE) regulates activities that affect wetlands and surface waters. This may include new activities in previously closed, wet, mine pits. The USACOE’s wetland jurisdiction may be different from the State’s wetland jurisdiction. For information concerning this permit and the Federal delineation of wetlands, call a USACOE office (Attachment 4). The State and USACOE use the same permit applications for activities involving wetlands and surface waters. When a Joint Application for Environmental Resource Permit, or a Joint Application For Wetland Resource Alterations, is submitted to the DEP or a water management district, a copy is forwarded to the USACOE for the federal review. The USACOE will then contact the applicant. The federal fees and review process are separate from the State and water management district fees and processes. The federal permit can not be issued until the DEP or water management district has certified that the proposed project will be in compliance with water quality standards. For projects in coastal counties, the federal permit cannot be issued until the DEP or water management district finds the project consistent with Florida’s Coastal Zone Management Program (see Item XV.). These two determinations are part of the Wetland Resource Permit or Environmental Resource Permit (see Item VII.).
B.
National Pollution Discharge Elimination System (NPDES) Permit This is a program to eliminate pollution from point source and stormwater discharges. It is administered by the U.S. Environmental Protection Agency (EPA); however, parts of this program have been delegated to the Florida DEP. 1. Point Source Discharges In Florida, the regulation of point source discharges has been delegated to the DEP. This permit is now part of the Industrial Wastewater Permit described in Item V. 2. Stormwater Discharges Stormwater discharges from areas that contain pollutants associated with fugitive dust, outdoor storage of raw materials and by-products, and vehicle and equipment maintenance yards, may be subject to NPDES stormwater regulations. The DEP currently has partial delegation of the NPDES stormwater permit. The DEP will address the NPDES stormwater standards, if the facility is also required to have a NPDES wastewater permit (see Item V.). If the facility does not need an NPDES wastewater permit, then the NPDES stormwater application is reviewed by the Water Management Division, U.S. EPA, Region 4 (Attachment 1). NPDES stormwater permits may be delegated to the DEP by the year 2000. For more information on the NPDES permit, call the EPA, or the Wastewater Program staff of the DEP district or branch office.
C.
Mine Safety Though not a permitting agency, the Mine Safety and Health Administration (MSHA), U.S. Department of Labor, regulates activities at mines. Any mine opened, reopened, or reactivated must comply with the Federal Mine Health and Safety Act, and the rules, policies, standards and regulations of MSHA, before any mining can take place. MSHA staff inspect mines for safety and
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health protection equipment and documentation. For more information, call or write the MSHA Metal/Nonmetal Southeastern District Office (Attachment 1). Under a grant from MSHA, the Mine Safety and Health Training Program provides free, on-site, MSHA training for mine workers. For more information, call or write the Mine Safety Section of the Bureau of Mine Reclamation (Attachment 1). V. Industrial Wastewater Permit
The Industrial Wastewater (IW) Permits are State permits that regulate water and industrial discharges. These permits can also incorporate the federal NPDES wastewater and stormwater permit standards, as described in Item IV.B. They also include stormwater runoff, as described in Item VI. There are two types of IW permits. A mine may qualify for a General IW Permit if the operation can contain process wastewater and runoff from up to a 25-year, 24-hour storm event. Mining operations that do not qualify for the General IW Permit, may be required to get an Individual IW Permit. Some types of mining operations may be exempt from these permits. For more information, call the Wastewater Program staff of the DEP district or branch office. VI. Stormwater Permit
This is a DEP permit that applies only to projects located in the Northwest Florida Water Management District (NWFWMD) (Attachment 3). Elsewhere in the Florida, the stormwater standards are incorporated into other permits. In the NWFWMD, the stormwater standards will be incorporated into the Wetland Resource Permit (see Item VII.A.) or the Industrial Waste Water Permit (see Item V.), if these permits are also required. If these permits are not required, then a separate Stormwater Permit application may be required. For more information, call the Bureau of Mine Reclamation (Attachment 1). VII. Wetland Resource/Environmental Resource Permits Operations in, on, or over wetlands or surface waters may require permits. Florida has adopted by statute, a method to identify the limits of wetlands and surface waters. This method takes into consideration hydric soils, wetland plants, and hydrologic indicators. The jurisdiction line identified by the State methods can be different from the line identified by the USACOE’s methods (see Item IV.A.). The Wetlands Evaluation and Delineation Section, Bureau of Submerged Lands and Environmental Resources, DEP, will identify the State jurisdiction line (Attachment 1). A wetland line identified by that section will be binding on all other State and local agencies. In some counties, the administration of the Wetland Resource Permit, or the Environmental Resource Permit, has been delegated from DEP to the county for some types of projects. This delegation does not apply to mines. The regulation of operations in, on, or over wetlands and surface waters in the Northwest Florida Water Management District is different from elsewhere in the State (Attachment 3). A. Northwest Florida Water Management District The Wetland Resource (WR) Permit, (also known as the Dredge and Fill Permit) regulates activities in, on, or over, wetlands and surface waters. This permit also considers stormwater runoff (see Item VI.). Activities in certain wetlands and surface waters may be exempt from this permit. For information concerning the State delineation of wetlands and surface waters, write or call the Wetlands Evaluation and Delineation Section, Bureau of Submerged Lands and Environmental Resources, DEP (Attachment 1), or a Northwest DEP district or branch office (Attachment 2).
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For copies of forms and regulations, call any Northwest DEP district or branch office, or the Bureau of Mine Reclamation. Permit applications for mines must be submitted to the Bureau of Mine Reclamation. Note that the Northwest Florida Water Management District does not process applications for this permit, but will process permits for dams. B. Elsewhere in Florida The Environmental Resource Permit (ERP) regulates activities in, on, or over, wetlands and surface waters. It regulates the creation or alteration of water bodies, including old mine pits. It may also be required for the creation of impervious areas, and for certain projects exclusively in uplands. This permit combines the old Management and Storage of Surface Waters (MSSW) Program with the old Dredge and Fill Program into a single permit. At this time, the ERP does not apply to mines in the Northwest Florida Water Management District. The ERP combined the regulatory authority of the water management districts (except the NWFWMD) with the regulatory authority of the DEP. Each water management district has its own set of forms, fees, regulations, performance standards, and Applicant’s Handbook (also called a Basis of Review in some districts). The DEP adopted portions of the water management district regulations and handbooks for use in reviewing ERP applications. The DEP has its own set of forms, fees, and processing procedures. Be careful not to use the wrong set of rules and forms for your project. Based on interagency agreements, the ERP application for mines will be processed by either the DEP, or the water management district, depending on the type of on-site processing intended for the extracted resource. 1. Borrow Pits Without On-site Sorting or Grading Borrow pits are mines where most of the extracted material being removed from the site will predominately (based on volume) be used for below or above grade fill. The water management district will process the ERP application for a borrow pit, if there will be no on-site material grading or sorting facilities. Material grading or sorting facilities are equipment designed primarily for the purpose of grading or sorting, as typically used in the industry, such as washers, screens, or crushers. Obtain all forms and other documents from the water management district that will be regulating the mine. Do not use any forms, regulations, or other documents labeled for DEP use. For wetland delineations, and questions about the ERP program for these mines, call the water management district office (Attachment 3). 2. All Other Mines For all other mines, including borrow pits with on-site material grading or sorting facilities, the DEP will process the ERP application. The DEP will use the water management district regulations adopted for DEP use. Do not use any forms, regulations, or other material that are not designated for DEP use. For information concerning the delineation of wetlands, call the Wetlands Evaluation and Delineation Section, Bureau of Submerged Lands and Environmental Resources, DEP (Attachment 1). The DEP office that will process the ERP for mines depends on the location of the mine. Mines located in the Southwest DEP District will be regulated by that district office, but there are exceptions (Attachment 2). All other mines will be regulated by the Bureau of Mine Reclamation. For information concerning the DEP’s ERP program for mines, call either the Mandatory Nonphosphate Section, Bureau of Mine Reclamation (Attachment 1), or the Submerged Lands and Environmental Resource Permitting staff, Southwest District Office, DEP (Attachment 2).
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3.
Grandfathered Mines Some mines may still be grandfathered from the ERP, and may use the MSSW and/or Wetland Resource permits. In most cases, these are mines with existing permits or formal wetland delineation determinations. Call the agency that issued or last modified the permit, or conducted the formal wetland delineation, for more information concerning grandfathering provisions. Renewal of existing permits will be reviewed by the agency that issued or last modified the permit. Also, if a modification is requested for an existing permit, and the modification does not propose to add new lands to the permit, or propose the expansion of mining activities into areas not previously approved for mining, then the agency that issued or last modified the permit will review the modification request. If the permit modification request proposes to add new lands to the permit, or proposes the expansion of mining activities into areas not previously approved for mining, then the application is treated like a new permit (see Items VII.B.1 and 2)
VIII. Dams A dam is a barrier, with appurtenant works, raised to obstruct or impound any of the surface waters of the state. The water management districts regulate the construction of dams (Attachment 3). The Northwest Florida Water Management District has a dam permit. The other water management districts incorporate the review of the dam design into the ERP (see Item VII.B.). If the ERP application will be processed by the Bureau of Mine Reclamation, or a DEP district or branch office, then the dam design will be considered as part of the ERP, but water management district regulations adopted by the DEP will be used in the review. IX. Reclamation Plans and Notices
Reclamation is the reasonable rehabilitation of the land where resource extraction has occurred. The State reclamation requirements of Chapter 378, F.S., are administered by the DEP. Some counties and other agencies may also require reclamation plans, permits, or performance bonds (see Item II.). These reclamation programs should not be confused with the State program. The State requirements do not apply to sites where all extracted material remains on site. When the extracted resource will be predominately (based on volume) limestone, dolomite, shell, or a combination of these, reclamation will be regulated under Chapter 62C-36, Florida Administrative Code (F.A.C.). These are called, “Limestone Mines.” When the extracted resource will be predominately (based on volume) peat, sand, dirt, kaolin, clay (other than fuller’s earth), gravel, or a combination of these, reclamation will be regulated under Chapter 62C-39, F.A.C. These are called “Other Resource Mines.” A conceptual mining and reclamation plan must be provided for Limestone Mines. A mining notice must be provided for Other Resource Mines. Some small Other Resource Mines will meet the reclamation standards, even though they may not need to provide a mining notice. The reclamation requirements apply to mines that are borrow pits that do not have on-site material sorting or grading facilities. The office that will review the reclamation plan or notice, and regulate reclamation depends on the location of the mine. Mines located in the Southwest DEP District will be regulated by that district office, but there are exceptions (Attachment 2). All other mines will be regulated by the Bureau of Mine Reclamation. For information concerning the State’s reclamation program, call either the Mandatory Nonphosphate Section, Bureau of Mine Reclamation (Attachment 1), or the Submerged Lands and Environmental Resource Permitting staff, Southwest District Office, DEP.
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X.
State Land Easements and Leases
Projects in, on, or over State sovereign submerged lands and in State-owned uplands may require an easement, lease, or other property document with appropriate fees. On some privately owned and local government owned land, the State may hold the mineral rights. The State of Florida owns submerged lands under navigable waters. Navigable waters include lakes, rivers, bays, harbors, and all waters capable of practical navigation for useful purposes, whether affected by tides or not, whether the water is navigable or not in all its parts, or whether the waters are navigable during the entire year or not. The determination of the extent of sovereign submerged lands is not an easy process. Many sovereign submerged lands have not yet been recorded in the property records. If your project will involve operations in, on, or over streams, lakes, or other similar areas, it is recommended that a clear title determination be obtained. For a title determination, call the Title and Land Records Section, Bureau of Surveying and Mapping, DEP (Attachment 1). If a project requires an ERP (see Item VII.B.), the permit application is also the request for authorization to use sovereign submerged lands. For other projects, a separate authorization request will be required. XI. Developments of Regional Impact (DRI)
A DRI is a development which, because of its character, magnitude, or location would have a substantial effect upon the health, safety, or welfare of citizens of more than one county. Any solid mineral mining operation which will disturb more than 100 acres annually, or which consumes more than 3,000,000 gallons of water per day, will be considered a DRI. Mines that will be reclaimed to large residential, commercial, or industrial areas may also be considered a DRI because of the effect of the postreclamation land use. For more information about DRI thresholds, call the regional planning council (Attachment 5). XII. Blasting Two bureaus within the Division of the State Fire Marshal, Department of Insurance, may be concerned with blasting activities at mines. The Bureau of Explosives and Fire Equipment, regulates licensing of blasting for explosive manufacturers, distributors, dealers, users, and blasters. The Bureau of Arson and Investigations conducts investigations of blasting related complaints. For more information about blasting regulations and licensing, call the local Fire Marshal Office (Attachment 6). XIII. Storage of Petroleum and Other Hazardous Products Underground and aboveground storage of petroleum products may require permits. The storage and disposal of other hazardous materials may also be regulated. For more information about the regulation of storage tanks and hazardous materials, and the reporting of spills, call the Waste Management Program staff of the DEP district or branch office (Attachment 2). XIV. Listed Species The Florida Department of Agriculture and Consumer Services, Division of Plant Industry, regulates the harvest of plants that are on the State’s Endangered and Commercially Exploited Plant lists. A permit is required in order to harvest, collect, pick, remove, injure, or destroy listed plants, or plant parts, from private land of another person, or any public land or water. A permit is also required for selling or transporting listed plants for the purpose of sale. For more information write or call the Division of Plant Industry (Attachment 1). The Florida Fish and Wildlife Conservation Commission, Bureau of Nongame Wildlife, regulates the taking, transporting, storing, buying, selling, possessing, and wasting of State listed animal and fish
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species, or their nests, eggs, young, homes, or dens. Permits may be required for mining or disturbing areas where listed animal or fish species are located. For more information write or call the Bureau of Nongame Wildlife (Attachment 1). XV. Coastal Zone Consistency For projects in coastal counties, the federal dredge and fill permit cannot be issued until the DEP or water management district finds the project consistent with Florida’s Coastal Zone Management Program. This review and determination is incorporated into the Wetland Resource Permit or Environmental Resource Permit (see Item VII.). A copy of the permit application is forwarded by DEP or the water management district to the Department of Community Affairs, which oversees and administers this program, and to other State agencies. The comments of the agencies are part of the permit review process. Howard J. Hayes Environmental Administrator Bureau of Mine Reclamation June 3, 1999
Attachments: 1. Statewide Agencies 2. Department of Environmental Protection District Map 3. Water Management District Map 4. U.S. Army Corps of Engineers Map 5. Regional Planning Council List 6. State Fire Marshal Offices