Senate Bill sb2444

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    Florida Senate - 2003                                  SB 2444

    By Senator Siplin





    19-1201-03

  1                      A bill to be entitled

  2         An act relating to peat mining; amending s.

  3         373.414, F.S.; providing requirements for

  4         wetlands reclamation activities for peat mining

  5         to be considered appropriate mitigation;

  6         amending s. 378.403, F.S.; defining the term

  7         "peat" for purposes of the Resource Extraction

  8         Reclamation Act; creating s. 378.705, F.S.;

  9         providing legislative findings with respect to

10         the excavation of peat from wetlands and the

11         reclamation of those lands; requiring notice to

12         the Secretary of Environmental Protection of a

13         new peat mine beginning operations after a

14         specified date; providing requirements for the

15         notice; requiring the Department of

16         Environmental Protection to adopt specific

17         reclamation standards by rule; requiring

18         reclamation be completed within a specified

19         period; providing for final agency action under

20         a life-of-the-mine permit; providing an

21         effective date.

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23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  Paragraph (e) is added to subsection (6) of

26  section 373.414, Florida Statutes, to read:

27         373.414  Additional criteria for activities in surface

28  waters and wetlands.--

29         (6)

30         (e)  Wetlands reclamation activities for peat mining

31  undertaken pursuant to chapter 378 shall be considered

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    Florida Senate - 2003                                  SB 2444
    19-1201-03




 1  appropriate mitigation under this part if those reclamation

 2  activities result in water quality and ecological value

 3  present at the site that are equal to or greater than existed

 4  before the commencement of mining activities.

 5         Section 2.  Subsection (19) is added to section

 6  378.403, Florida Statutes, to read:

 7         378.403  Definitions.--As used in this part:

 8         (19)  "Peat" means a naturally occurring substance

 9  derived primarily from plant materials in a range of

10  decomposing conditions and formed in a water-saturated

11  environment.

12         Section 3.  Section 378.705, Florida Statutes, is

13  created to read:

14         378.705  Peat.--

15         (1)  The Legislature finds that, if performed properly,

16  the excavation of peat from wetlands or other surface waters

17  combined with the reclamation of those lands can maintain or

18  improve the ecological value of those lands by creating varied

19  open-water aquatic habitat beneficial for fish, wildlife, and

20  species listed as threatened or endangered. The Legislature

21  also finds that peat mining by its very nature must

22  necessarily occur in wetlands or other surface waters. The

23  Legislature intends by this section to authorize specific

24  reclamation and permitting standards for peat mining,

25  recognizing its uniquely wetland-dependent nature and ensuring

26  that areas are properly reclaimed after peat extraction to

27  provide valuable wetland and ecological functions, though not

28  necessarily the functions occurring prior to peat extraction.

29         (2)(a)  An operator may not begin the process of peat

30  extraction at a new mine without notifying the secretary of

31  the intention to mine.

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    Florida Senate - 2003                                  SB 2444
    19-1201-03




 1         (b)  The term "new mine," for the purposes of this

 2  section, means a mine where the operator begins the clearing

 3  of land for mining on or after July 1, 2003.

 4         (c)  The operator's notice of intent to mine must

 5  include, but need not be limited to:

 6         1.  Any maps and other supporting documents as are

 7  required by the department.

 8         2.  The operator's time schedule that assures that the

 9  reclamation process is achieved in a timely manner.

10         3.  The operator's estimated life of the mine.

11         4.  The operator's conceptual reclamation plan.

12         (3)(a)  The department, by rule, shall adopt specific

13  reclamation standards for peat mining. These reclamation

14  standards shall recognize that peat mining inherently must

15  occur in wetlands and that reclamation can create diverse and

16  beneficial habitats not necessarily identical to existing

17  conditions. These reclamation standards shall also specify the

18  required data, forms, and other information for the notice of

19  intent to mine.

20         (b)  Reclamation activities shall be conducted in a

21  manner that has minimal long-term adverse impacts on surface

22  water and groundwater resources, wildlife, and adjacent lands.

23         (c)  Reclamation of the land, including a complete

24  growing season for revegetation, shall be completed within 2

25  years after the mining operation associated with peat

26  extraction.

27         (4)  The department shall adopt amendments to its rules

28  authorized under part IV of chapter 373 to conform such rules

29  to the reclamation rules adopted under this section when

30  applied to peat mining.

31  

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    Florida Senate - 2003                                  SB 2444
    19-1201-03




 1         (5)  An operator of a new peat mine may request, and

 2  the department may review and take final agency action on,

 3  life-of-the-mine permits pursuant to s. 378.901.

 4         Section 4.  This act shall take effect July 1, 2003.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Provides reclamation and mitigation requirements for peat
      mines. Requires that the Secretary of Environmental
 9    Protection be notified of any peat mine that begins
      operations on or after July 1, 2003. Requires the
10    Department of Environmental Protection to adopt specific
      reclamation standards by rule. (See bill for details.)
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