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					                                                                             DEP FO #09-0964
                        Florida Department of                                          Charlie Crist

                       Environmental Protection                                          Governor

                               Bureau of Mining and Minerals Regulation              Jeff Kottkamp
                                      2051 East Paul Dirac Drive                      Lt. Governor
                                    Tallahassee, Florida 32310-3760
                                                                                    Michael W. Sole
                                                                                          Secretary



              BUREAU OF MINING AND MINERALS REGULATION
              DEPARTMENT OF ENVIRONMENTAL PROTECTION
                           STATE OF FLORIDA

In the matter of an
Application for Variance by:

Mosaic Fertilizer, LLC                          DEP Variance No. 0076455-013-VA
c/o Thomas E. Myers, III                        Polk and Hardee Counties, Florida
Post Office Box 2000                            OGC Case No.: 09-3569
Mulberry, Florida 33860

_______________________________________________________________________________

                                      FINAL ORDER

On May 1, 2009, Mosaic submitted an application to the Department of Environmental
Protection (Department) for the renewal of variance GAR-FM-CPB-VA, under section
378.212, Florida Statutes (F.S.), from the provisions of subsection 378.209(1), F.S., and
rule 62C-16.0051(11)(b), Florida Administrative Code (F.A.C.), for the Fort Meade Mine
in Polk and Hardee Counties, Florida. The application includes a request to revise the
reclamation schedule for Condition No. 2 of the Variance File No. 0076455-004-VA. The
file has been designated as File No. 0076455-013-VA.

The areas included in the proposed variance renewal are located in Sections 13, 14, 23,
24, Township 32 South, Range 24 East, and Sections 18, 19, 20 and 30, Township 32
South, Range 25 East, in Polk County, Florida.

On August 3, 1992, the Governor and Cabinet, sitting as the agency head of the
Department of Natural Resources (now the Department of Environmental Protection),
approved a modification to the conceptual plan for Cargill Fertilizer, Incorporated’s
(now known as Mosaic Fertilizer, LLC) Fort Meade Mine, GAR-FM-CPB, pursuant to
Chapters 211, Part II, and 378, Part III, F.S., and Chapter 62C-16, F.A.C. On
December 28, 2001, the Department approved a modification to the conceptual plan for
the Fort Meade Mine, CAR-FM-CPC, pursuant to Chapters 211, Part II, and 378, Part III,
Variance Renewal No. 0076455-013-VA
Final Order
Page 2 of 7

F.S., and Chapter 62C-16, F.A.C. On January 31, 1997, Mosaic Fertilizer, LLC (Mosaic)
initiated a temporary shutdown of the Fort Meade Mine.
During the temporary mine shutdown, sand tailings and clay materials were not
available to fill and restore areas mined to the elevations approved in conceptual plan
GAR-FM-CPB. Rule 62C-16.0051(11)(b)2, F.A.C., requires that contouring of all acres
mined in a given calendar year be completed no later than 18 months after that calendar
year or 18 months after an area is capable of being contoured when additional mining
operations, such as waste disposal, occur. Subsection 378.209(1), F.S. and rule
62C-16.0051(11)(b)4, F.A.C., require that reclamation and restoration be completed
within two (2) years of the actual completion of mining operations. As Mosaic would
not be able to complete reclamation of these areas until the Fort Meade Mine reopens,
Mosaic sought approval of a variance to the timing of the completion of reclamation
activities.

As a consideration for the granting of the variance, Mosaic agreed to post security of
$1,207,340 for Clay Settling Areas and $9,141,480 for Mined, No Work Areas for a total
of $10,348,820. Mined, No Work Areas are locations within the mine where mining has
taken place but that had not been reclaimed through the revegetation stage. This
variance was approved by the Department on May 3, 1999, and the renewal
subsequently approved on August 23, 2004 (File No. 0076455-004-VA), with conditions
to ensure reclamation activities would be completed in accordance with the approved
conceptual plan. The conditions stipulated that Mosaic post security on lands mined
after July 1, 1975, that had not been reclaimed through the revegetation stage, were not
in the process of being reclaimed, or were not currently in approved mining operations;
and Mosaic must post security on all clay settling areas not capable of being reclaimed
as approved. The conditions also stated that forfeiture of the posted security did not
relieve Mosaic of its responsibility to reclaim all mandatory lands mined or disturbed at
the Fort Meade Mine.

On November 20, 2007, the Department approved a revised reclamation schedule for
Condition No. 2 so that the date to begin reclamation was changed from July 1, 2009, to
July 1, 2014, and that the date to complete revegetation was changed from July 1, 2011,
to July 1, 2016. The revised reclamation schedule was assigned code 0076455-
008-EV-VR.

Since the approval of the variance on May 3, 1999, Mosaic has completed reclamation
activities on most areas that did not require additional sand tailings or clay and the
security is being reduced accordingly. The remaining Mined, No Work areas are
GAR-FM-SP7, GAR-FM-WC3, and USS-R-82(8). The GAR-FM-SP7 area is the location
of the Ft. Meade plant and mining infrastructure which is currently being dismantled.
The acres to be reclaimed in the GAR-FM-WC3 are four (4) acres currently under
Temporary Land Use which will not be able to be reclaimed until the end of the life of
Variance Renewal No. 0076455-013-VA
Final Order
Page 3 of 7

the mine. The USS-R-82(8) area represents the major portion of the un-reclaimed land
that is currently approved to be used as a clay settling area when mining reopens.
As a requirement of Specific Condition No. 2 of this Variance, Mosaic must post
security on all clay settling areas not reclaimed in accordance with the approved
conceptual plan GAR-FM-CPC. These settling areas are CSA H, and CSA G. These clay
settling areas represent valuable clay settling capacity to the mining operation when it
reopens. Clay settling area GAR-FM-WC4-CSA I (498 acres) is currently receiving the
clays from the S-1 clay settling area along the northern boundary of the Ft. Meade Mine
and therefore is no longer bonded. Mosaic must now post security on the remaining
1524 acres of clay settling areas.

The security required per acre is based on the first issue of the December 2008
Engineering News Report. For Mined, No Work areas, Mosaic shall post security at a
rate of $8,136 per acre. For Clay Settling areas, Mosaic shall post security at a rate of
$5,085 per acre.

The chart below details the reclamation areas, number of acres to be reclaimed and the
amount of security required.

1.    FINANCIAL SECURITY REQUIREMENTS
      CATEGORY                        RECLAMATION                                 ACRES
                                      AREA
      Mined, No Work                  GAR-FM-SP7                                       25
                                      GAR-FM-WC3                                        4
                                      USS-R-82(8)                                     570


      TOTAL MINED, NO WORK ACRES                                                      599
      SECURITY PER ACRE                                                            $8,136
      TOTAL SECURITY - MINED, NO WORK                                          $4,873,464
      CATEGORY                                         RECLAMATION               ACRES
                                                       AREA
      Clay Settling Areas                              CSA H – LP4                    725
                                                       CSA G – SP 08                  459
                                                       USS-R-9                        340

      TOTAL CLAY SETTLING AREA ACRES                                                1,524
      SECURITY PER ACRE                                                            $5,085
      TOTAL SECURITY - CLAY SETTLING                                           $7,749,540
      AREAS

      TOTAL SECURITY REQUIRED                                                 $12,623,004
Variance Renewal No. 0076455-013-VA
Final Order
Page 4 of 7


Variance Renewal 0076455-004-VA was reviewed in accordance with section 378.212,
Part III, F.S., which states that, “Variances issued for a period of 5 years or more shall be
reviewed by the secretary at least every 5 years to ensure that the factors justifying the
issuance of the variance have not changed so as to make the variance unnecessary.”
The Department has completed its review of the variance and has found it necessary to
renew variance GAR-FM-CPB-VA under File 0076455-004-VA for the following reasons:

1. Mosaic has completed reclamation activities on all areas that did not require
   additional sand tailings or clay since the issuance of the variance in 1999.

2. Mosaic has been faithful in providing financial security as required under prior
   variance authorization since 1999 for areas not reclaimed under the original variance
   since 1999.

The variance request complies with the standards and criteria of Chapters 211, Part II,
and 378, Part III, F.S., and Chapter 62C-16, F.A.C.

The Petitioner and interested parties, having been advised of their rights under
Chapter 120, F.S., are hereby deemed to have waived those rights. Acceptance of the
variance constitutes notice and agreement that the Department will periodically review
this variance for compliance, including site inspections where applicable, and may
initiate enforcement action for violation of the conditions and requirements thereof.

This approval does not warrant the suitability of subject lands for any current or
proposed use and does not constitute a statement or admission concerning ownership
of any interest in the subject lands.

It is therefore:

ORDERED by the state of Florida, Department of Environmental Protection, that the
Petition of Mosaic Fertilizer, LLC, requesting the renewal of variance GAR-FM-CPB-VA
(File No. 0076455-013-VA), as set forth above, be and is hereby granted with the
following conditions:

1. Mosaic shall post security on all of the above lands mined after July 1, 1975, that
   have not been reclaimed through the revegetation stage and are not in the process of
   being reclaimed. The amount of this security shall be equal to $8,136 per acre for 599
   acres of mined out lands, and $5,085 per acre for 1,524 acres of clay settling areas.
   The security shall be posted within 60 days of the effective date of this Final Order,
   and shall be in the form of cash or cash equivalent deposited in an Escrow Account,
Variance Renewal No. 0076455-013-VA
Final Order
Page 5 of 7

   a Letter of Credit or a Performance Bond. Escrow Agreements, Letters of Credit, or
   Bonds shall be approved by the Department.
2. Unless mining is initiated by July 1, 2011, or unless a different schedule is approved
   by the Department, reclamation of the 1,524 acres in the reclamation parcels
   GAR-FM-SP7, GAR-FM-WC3, USS-R-82(8), CSA H-LP4, CSA G-SP8, and USS-4-9
   shall begin by July 1, 2014. Failure to complete reclamation through revegetation by
   July 1, 2016, or by a later date approved in writing by the Department, or within two
   (2) years of the completion of mining operations, whichever is applicable, will result
   in forfeiture of the security.

3. The posted security may be reduced for individual reclamation units following the
   successful completion of approved reclamation through the initial revegetation
   stage, or once a reclamation unit has been continuously in approved, active mining
   operations for a period of one (1) year. The reduction shall be based on an annual
   inspection for the purpose of updating the financial responsibility amount.

4. Forfeiture of the posted security shall not operate to relieve Mosaic of its
   responsibility to reclaim all mandatory lands mined or disturbed at the Fort Meade
   Mine.

5. The amount of security required shall be updated on an annual basis. The amount
   will be based on the Construction Cost Index Change published in the first week
   issue in December of each year of the Engineering News record. Adjustment to the
   surety amount for changes addressed in no. 3 and no. 5 above shall be effective
   July 1 of each year.

Any party to this Order has the right to seek judicial review of the Order, pursuant to
section 120.68, F.S., by the filing of a Notice of Appeal, pursuant to Rule 9.110 of the
Florida Rules of the Appellate Procedure, with the Clerk of the Department in the Office
of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,
Florida, 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the
applicable filing fees with the appropriate district court of appeal. The Notice of
Appeal must be filed within 30 days from the date when this Order is filed with the
Clerk of the Department.
Variance Renewal No. 0076455-013-VA
Final Order
Page 6 of 7

DONE AND ORDERED this _____day of______________2009, in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION



___________________________________
Janet G. Llewellyn, Director
Division of Water Resource Management
Department of Environmental Protection
2051 East Dirac Drive
Tallahassee, Florida 32310
(850) 488-8217


Copies furnished via e-mail to: Polk & Hardee Counties Permitting 2009
Amelia Savage – Hopping Green & Sams -AmeliaS@hgslaw.com
Angela Riddle – USACE- Angela.g.riddle@usace.army.mil
Becker, Chris – DEP - Chris.Becker@dep.state.fl.us
Chuck Schnepel – USACE - Charles.A.Schnepel@saj02.usace.army.mil
Dawn Hart – EPCHC - hart@epchc.org
Dee M. Allen – Mosaic - deedra.Allen@mosaicco.com
Don Boccaleri – Polk County - donboccaleri@polk-county.net
Drew Parker – Ard, Shirley & Rudolph – dparker@asrlegal.com
Frank Kirkland – Concerned Citizen – fmcycle@embarqmail.com
Gerald Martin – Polk County - GeraldMartin@polk-county.net
Graham Williams – DEP – Graham.E.Williams@dep.state.fl.us
Gregory Hitz – Lampl Herbert Consultants – gmhitz@lampl-herbert.com
Helen Jelks King- Concerned Citizen- thekingsom@gmail.com
Jane Chabre – FWCC – jane.chabre@MyFWC.com
Jeff Dodson – Mosaic – jeff.dodson@mosaicco.com
John Meyer – Tampa Bay Regional Planning Council - johnm@tbrpc.org
John Ryan – Sarasota County - jryan@scgov.net
Johnna Mattson – DCA - Johnna.Mattson@dca.state.fl.us
Kathy Crawford – Hardee County Property Appraiser - kc.hardeepa@embarqmail.com
Lex Albritton – Hardee County – lex.albritton@hardeecounty.net
Linda Foy – de la Parte & Gilbert P.A. - lfoy@dgfirm.com
Lisa Beever – SWFRPC – lbeever@swfrpc.org
Mark Cunningham – Polk County - markcunningham@polk-county.net
Mark E. Peterson – USACE – mark.e.peterson@usace.army.mil
Marsha Faux – Polk County - marshafaux@polk-county.net
Variance Renewal No. 0076455-013-VA
Final Order
Page 7 of 7

Martha Burton – Charlotte County – marty.burton@charlottefl.com
Mary Ann Poole – FWCC - MaryAnn.Poole@MyFWC.com
Mike Chanen – Mosaic – mike.chanen@mosaicco.com
Mike Deneve – Mosaic - Michael.Deneve@mosaicco.com
Mindy Hogan – USACE - melinda.g.hogan@saj02.usace.army.mil
Neal Parker – Manatee County - neal.parker@co.manatee.fl.u
Nicholas Staszko – Hardee County - nicholas.staszko@hardeecounty.net
Norma Killebrew – R=Water – tiff313@aol.com
Patricia M. Steed – Central Florida Regional Planning Council - psteed@cfrpc.org
Percy Angelo Medintz – Concerned Citizen – medintzm@yahoo.com
Randy Wilkinson – Polk County - randywilkinson@polk-county.net
Rob Birrenkott –Mason Law Group - rbirrenkott@floridah2olaw.com
Robert Gasper – Polk County - robertgasper@polk-county.net
Scott Shirley – ASR Legal – sshirley@asrlegal.com
Sue Reske – Charlotte Co. Sierra Club – sreske@comcast.net
Susan Stephens – Hopping Green & Sams – susans@hgslaw.com
T.M. Gurr – Gurr Professional Services – tmgurr@gte.net
Terry Hingtgen – DEP – Terry.Hingtgen@dep.state.fl.us
Thomas Myers – Mosaic – tom.myers@mosaicco.com
Tim King – FWCC - Timothy.King@MyFWC.com
Timothy Riley – Hopping Green & Sams – timothyr@hgslaw.com
Tom Myers – Mosaic - Tom.Myers@mosaicco.com
Traci Wallace – FWCC - traci.wallace@MyFWC.com
Tunis McElwain – USACE – tunis.w.mcelwain@usace.army.mil
West Palmer – Hardee County – west.palmer@hardeecounty.net
Bureau of Mining and Minerals Regulation File


                            CERTIFICATE OF SERVICE

    The undersigned duly designated deputy clerk hereby certifies that this FINAL
         ORDER, and all copies, was mailed before the close of business on,
             _______________________ 2009, to the above listed persons.


                        FILING AND ACKNOWLEDGMENT

  FILED, on this date with the designated Department Clerk, pursuant to subsection
       120.52(11), Florida Statutes, receipt of which is hereby acknowledged.

                   ____________________________________________
                      Clerk                             Date

				
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