Published on: 4676581. The chapter authorizes 36 categories of activities that can qualify for an environmental resource noticed general permit under Part IV of Chapter 373, F.S. Similar noticed general permits have been issued by the water management districts in Chapters 40B-400, 40C-400, 40D-400 and 40E-400, F.A.C. Chapter 62-341, F.A.C., was last amended by the Department to expand the availability of these general permits to Phase 1 of the new environmental resource permit program within the geographic territory of the Northwest Florida Water Management District (NWFWMD), in accordance with Section 373.4145(1)(a), F.S. Those amendments became effective on October 1, 2007.
In accordance with Section 373.4145(1)(b), F.S., the Department is commencing development of the Phase 2 environmental resource permit program within the geographic territory of the NWFWMD. The Phase 2 rules primarily will involve amendments to Chapter 62-346, F.A.C., to regulate the management and storage of surface waters, including isolated wetlands in that area. As part of that rulemaking, the Department may propose amendments to the existing noticed general permits in Chapter 62-341, F.A.C., and may propose new noticed general permits. Because this chapter has statewide applicability, the Department expects to have public workshops around the state if any amendments are proposed to this chapter.
Published on: 3851887. Chapter 62-341, F.A.C., currently establishes 35 noticed general permits under the environmental resource permit (ERP) program authorized by Part IV of Chapter 373, F.S., within the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts. The chapter is proposed to be amended to make available certain noticed general permits within the geographical area of the Northwest Florida Water Management District (NWFWMD), generally referred to as the “Panhandle,” as authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. Specifically, Section 373.4145(3)(d), F.S., requires the new ERP rules in the Panhandle to “Incorporate the exemptions and general permits that are effective under this part and have been enacted by rule by the department and other water management districts, including the general permits authorized by Section 403.814, F.S.”
This rulemaking is proposed as part of a concurrent rulemaking to adopt a new Chapter 62-346, F.A.C., which will implement the ERP rules applicable to stormwater management systems in the Panhandle. Chapter 62-346, F.A.C., provides the procedures for the public to provide notice to the Department or NWFWMD of their intent to use a noticed general permit adopted under Chapter 62-341, F.A.C., as well as the procedures that will be used by these agencies to review and act on such notices. Because nine of the general permits authorize activities that cannot take place in the Panhandle, only 26 of the noticed general permits in Chapter 62-341, F.A.C., will be available for activities within the Panhandle.
In addition to the above, six of the existing general permits are being amended to authorize additional activities, to clarify existing language, or to conform the rule to statutory authority. One general permit, Rule 62-341.601, F.A.C., which authorizes clam and oyster culture operations within sovereignty submerged lands aquaculture leases, is proposed to be repealed in recognition that Section 373.406(8), F.S., which was enacted after adoption of this general permit. Section 373.406(8), F.S., now exempts these activities from regulation under Part IV of Chapter 373, F.S., effectively making Rule 62-341.601, F.A.C., obsolete. Amendments also are proposed to the procedures and forms that are used to provide notice of use of the general permits.
Many general permits that are analogous to the noticed general permits adopted under Chapter 62-341, F.A.C., also are in effect under Rules 62-312.800 through 62-312.825, F.A.C. Those general permits, and most of the noticed general permits adopted under Chapter 62-341, F.A.C., authorize activities involving dredging and filling in wetlands and other surface waters. Some of those activities also involve stormwater management systems that will require a permit under Chapter 62-346, F.A.C. Section 373.4145(1), F.S., requires a phased approach to adopting rules that implement the ERP program in the Panhandle. The first phase of rules proposed under Chapter 62-346, F.A.C., is limited to regulation of stormwater management systems. Other than the activities authorized under Chapter 62-341, F.A.C., activities involving dredging and filling will continue to be regulated under Chapter 62-312, F.A.C., until the second phase of rules under Section 373.4145(1)(b), F.S., are adopted, which cannot occur any sooner than January 1, 2008. Therefore, persons who propose to construct, alter, maintain or repair, abandon, or remove stormwater management systems that involve dredging or filling in surface waters of the state, as defined in Rule 62-312.030, F.A.C., can chose to use either an applicable general permit adopted under Chapter 62-312, F.A.C., or a noticed general permit Chapter 62-341, F.A.C., until the second phase of rules become effective.
Rule 62-341.900, F.A.C., is being amended to provide that the form to notice the Department or NWFWMD of the intended use of a general permit is Form 62-312.900(6). This form is already used to notice the Department of uses of general permits adopted under the wetland resource permit program in Chapter 62-312, F.A.C. This form is being retained because, as mentioned above, many of the general permits involve dredge and fill activities. Most dredge and fill activities within the Panhandle require a separate permit or authorization from the U.S. Army Corps of Engineers (Corps). The Corps is familiar with the proposed form, and its continued use under the new ERP program in the Panhandle will avoid confusion and the need to adopt new operational procedures with the Corps.
The overall effect of this rulemaking will be to streamline and expedite the process of authorizing projects that qualify for the general permits within the Panhandle. It also will reduce costs to the public. The noticed general permit under Chapter 62-341, F.A.C., constitutes the requisite dredge and fill and stormwater management system authorizations. The availability of these general permits in the Panhandle will not reduce environmental protection because general permits are authorized under Sections 373.4145, F.S., to have only minimal adverse individual and cumulative impacts.
OGC NO.: 06-1124 (formerly Docket No. 02-06R)