Published on: 7150178. Chapter 62-346, F.A.C., has been amended to implement Phase 2 of the Environmental Resource Permit (ERP) rules within the Northwest Florida Water Management District (NWFWMD, also referred to as the “Panhandle”). These amendments add environmental criteria, including regulation of dredging and filling in, on, or over connected and isolated wetlands and other surface waters to the Phase 1 rules governing stormwater management systems, which became effective on October 1, 2007. As required by Section 373.4145, F.S., the permitting thresholds and requirements are designed to: (1) improve the management and storage of surface waters with minimal impact on property interests in consideration of the rural nature, current development trends, and abundant natural resources within the Panhandle; (2) enable the Department to pursue streamlining of this rule with the federal wetland permitting program; and (3) implement other streamlining measures to the maximum extent possible, such as electronic permitting, field permitting, and informal wetland determinations. The rule also incorporates the provisions specified in Section 373.4145(3), F.S., and “grandfathering” provisions for activities that will continue to be governed under Chapters 62-25 and 62-312, F.A.C. When the Phase 2 rules go into effect, a separate wetland resource permit under Chapter 62-312, F.A.C., which regulates dredging and filling in surface waters of the state, will no longer be required, except for those activities as provided in Section 373.4145(5), F.S.
This rule includes amendments to Applicant’s Handbook Volumes I and II. Volume I contains procedures and general criteria used in Chapter 62-346, F.A.C., and has been amended to include new environmental criteria. Volume II, which addresses the design and performance standards for stormwater management systems, has been amended to address issues that were identified during implementation of the Phase 1 rules. This rulemaking also includes amendments to the “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection.”
Published on: 5196404. To receive public comments on revised draft rule amendments to Chapter 62-346, F.A.C., including Applicant’s Handbook Volumes I and II, F.A.C. Amending these rules is required to adopt Phase 2 of Environmental Resource Permitting (ERP) in the Northwest Florida Water Management District area, specifically to improve the management and storage of surface waters, including regulation of dredging and filling in connected and isolated wetlands and other surface waters. These rules have been revised based on comments received during the December 2007 workshops and will be available on the Department’s Internet site at http://www.dep.state.fl.us/water/wetlands/erp/rules/draft_nw.htm. (The file tracking number is OGC 07-1321.); Feb. 26, 2008, (Tues.) 12:00 noon, CT; Place: Gulf Coast Community College, Sarzin Lecture Hall, Language & Literature Bldg., 5230 W. Hwy. 98, Panama City, FL
Date and Time: Feb. 27, 2008, (Wed.) 9:00 a.m. ET
Place: Pensacola Junior College, Hagler Auditorium Lecture Hall, Bldg 2, Rm. 252, 1000 College Blvd., Pensacola, FL
Date and Time: Feb. 29, 2008, (Thurs.) 9:00 a.m. ET
Place: Department of Environmental Protection, Rm. 609, Bob Martinez Center, 2600 Blair Stone Rd., Tallahassee, FL
Published on: 4676678. Section 373.4145, F.S., requires the Department, in coordination with the Northwest Florida Water Management District (NWFWMD), to develop rules in a two-phase approach to implement the environmental resource permit (ERP) program under Part IV of Chapter 373, F.S., within the geographic limits of the Northwest Florida Water Management District (the “Panhandle”). In accordance with Section 373.4145(1)(a), F.S., the first phase of that rulemaking (known as the “Phase 1 rules”), which became effective on October 1, 2007, is limited to regulating the construction, operation, alteration, maintenance, abandonment, and removal of stormwater management systems within the Panhandle. The purpose of this Notice is to announce that the Department, in coordination with the NWFWMD, is now ready to initiate rule development on Phase 2 of the ERP rules in the Panhandle in accordance with Section 373.4145(1)(b), F.S.
The Phase 2 rulemaking will involve amendments to Chapter 62-346, F.A.C., to add environmental criteria to the Phase 1 rules, including regulation of dredging and filling in, on, or over connected and isolated wetlands and other surface waters. In accordance with Section 373.4145(1)(b), F.S., these rules must improve the management and storage of surface waters with minimal impact on property interests, and in consideration of the rural nature, current development trends, and abundant natural resources within the NWFWMD relative to the permitting thresholds and requirements. Such rules also:
(1) Must pursue streamlining of the federal and state wetland permitting programs pursuant to Sections 373.4143, F.S., and 373.4144, F.S.;
(2) Implement other streamlining measures to the maximum extent possible, such as electronic permitting, field permitting, and informal wetland determinations;
(3) Incorporate exemptions specified in Section 373.4145(3), F.S.; and
(4) Incorporate provisions for activities that will continue to be governed under Chapters 62-25 and 62-312, F.A.C., in accordance with Section 373.4145(6), F.S.
This rulemaking will include amendments to Applicant’s Handbook Volumes I and II, which are incorporated by reference in Chapter 62-346, F.A.C. Applicant’s Handbook Volume I contains a discussion of the procedures and general criteria used in Chapter 62-346, F.A.C.; it will be amended to add new environmental criteria. Applicant’s Handbook Volume II addresses the design and performance standards for stormwater management systems; it is expected to be amended to address issues that are identified during implementation of the Phase 1 rules. This rulemaking also may include amendments to the “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection” and concurrent amendments to Chapter 62-341, F.A.C., to add or amend certain noticed general permits.
In accordance with Section 373.4145(1)(b), F.S., the Phase 2 rules cannot go into effect any earlier than January 1, 2008. When the Phase 2 rules go into effect, the wetland resource permitting program under Chapter 62-312, F.A.C., that regulates dredging and filling in surface waters of the state will no longer be in effect, except for certain activities in accordance with Section 373.4145(6), F.S.
Published on: 3817840. A new Chapter 62-346, F.A.C. is proposed to implement the new Environmental Resource Permitting Program (ERP) within the geographical area of the Northwest Florida Water Management District (NWFWMD), generally referred to as the “Panhandle.” This rule is authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. This rule has been developed jointly by the Department and the NWFWMD in accordance with Section 373.4145, F.S., but will be adopted by the Department and may be implemented by the NWFWMD without further adoption pursuant to Section 120.54, F.S.
This rule is written to address the phased approach to rulemaking as provided in Section 373.4145(1), F.S. That section requires the first phase of rulemaking, as reflected in the proposed Chapter 62-346, F.A.C., and herein called the “Phase I rules,” to be limited to regulating the construction, operation, alteration, maintenance, abandonment, and removal of stormwater management systems. Section 373.4145(1)(a), F.S., provides that the Phase I rules are intended to update existing stormwater rules within the Panhandle through improving water quality and flood protection, while at the same time being based on the least restrictive stormwater quality and quantity measures and criteria adopted in the rules of the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts, while taking into consideration the differing physical and natural characteristics of the area. The Phase I rules do not govern the regulation of dredge and fill activities. These activities will continue to be regulated under Chapter 62-312, F.A.C. until the “Phase II rules” are adopted under Section 373.4145(1)(b), F.S. The Phase II rules can be implemented no sooner than January 1, 2008. Therefore, in addition to any permits required under Chapter 62-346, F.A.C., any activities involving stormwater management systems that also involve dredging or filling in surface waters of the state (as defined in Rule 62-312.030, F.A.C.) must obtain applicable separate authorization under Chapter 62-312, F.A.C., Chapter 62-25, F.A.C., the existing stormwater rule in the Panhandle, will continue to apply to activities that are grandfathered under Section 373.4145(6), F.S., but a separate permit under Chapter 62-25, F.A.C., will not be required for activities that are regulated under Chapter 62-346, F.A.C.
Section 373.4145(3), F.S., provides that “The rules adopted under subsection (1), as applicable, shall: (a) Incorporate the exemptions in subsection 373.406 and 403.813(2) and (d) 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.” In accordance with those provisions, the Department has included in the Phase I rules all of the exemptions and general permits that are available in the rest of the state.
Section 373.4145(6), F.S., exempts certain additional activities from regulation under Chapter 62-346, F.A.C., such as the construction and use of a single-family dwelling unit, duplex, triplex, or quadruplex that is not part of a larger common plan of development or sale proposed by the applicant, and does not involve wetlands or other surface waters, and the regulation of agriculture activities, which continue to be governed by the exemptions in Section 373.406, F.S., or are otherwise regulated by the NWFWMD in accordance with Chapters 40A-44, F.A.C.
OGC NO.: 06-1126