Published on: 8912959. Policy and Purpose., Definitions., Permits Required., Exemptions from Permitting., Procedures to Prepare Applications and Notices for Permits and to Request Verification of Qualification for an Exemption., Fees., Submittal of Applications and Notices for Permits and Petitions for Formal Determinations to Department and NWFWMD Offices., Processing of Notices and Applications., Documents Incorporated by Reference., Operation and Maintenance., Modification of Permits., Duration of Permits., Transfer of Ownership or Permit., Suspension and Revocation., Conditions for Issuance of Individual (Including Conceptual Approval) and Standard Stormwater Permits., Additional Conditions for Issuance of an Individual (Including Conceptual Approval) Permit., General and Special Limiting Conditions., Emergency Authorizations and Actions., Environmental Resource Permit Forms.
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: 6633459. The proposed amendments increase the fees in Rule 62-346.071, F.A.C., for environmental resource permit (ERP) program activities under Part IV of Chapter 373, F.S., within the geographic area of the Northwest Florida Water Management District (NWFWMD). These amendments accomplish two primary objectives as required by the statute. First, these changes comply with Section 373.109, F.S., which established a new $250 minimum fee for noticed general permits and individual permits; a new minimum fee of $100 to verify qualification for an exemption; and a new $100 minimum fee to conduct an informal wetland boundary determination. The new and minimum fees automatically became effective July 1, 2008.
Second, the rule is amended to increase all fees authorized under Part IV of Chapter 373, F.S., to reflect changes in the rate of inflation since the time each fee was established or most recently revised. Also, as required by the statute, the rule states that the Department will adjust all of the fees every five years based on changes in the consumer price index (CPI), and identifies the inflation index used for making the fee adjustments. The inflation index being used is the price paid by all urban consumers for a market basket of consumer goods and services; specifically, the CPI figures for the “CPI-U, U.S. City Average, All Items” established by the Bureau of Labor Statistics (BLS) (www.bls.gov/cpi/), computed as provided in the BLS publication “Handbook of Methods,” Chapter 17 (www.bls.gov/opub/hom/pdf/homch17.pdf).
These fees will apply to applications and notices for ERP activities reviewed and acted upon by the Department or the NWFWMD, in accordance with the division of responsibilities established by the Operating Agreement adopted in Chapter 62-113, F.A.C.
Published on: 5787231. The Department is initiating rule development to amend the fee schedule in Rule 62-346.071, F.A.C., for environmental resource permit program activities under Part IV of Chapter 373, F.S., within the geographic area of the Northwest Florida Water Management District (“the Panhandle”). This rulemaking has two primary objectives. First, it will conform the rule with Senate Bill 1294 (2008), Chapter 2008-150, Laws of Florida, which established a new $250 minimum fee for noticed general permits and individual permits; a new minimum fee of $100, not to exceed $500, to verify qualification for an exemption; and a new $100 minimum fee, not to exceed $500, to conduct an informal wetland boundary determination. The new and minimum fees described above automatically go into effect on July 1, 2008, and remain in effect until the Department adopts new fees by rule. The new fees and the minimum fees required by the legislation will be reflected in associated rulemaking to adopt the second phase of the environmental resource permit program in the Panhandle in accordance with Section 373.4145(1)(b), F.S.
Secondly, the legislation requires the Department to review all fees authorized under Part IV of Chapter 373, F.S., at least once every five years and adjust the fees to reflect changes in the rate of inflation since the time each fee was established or most recently revised. This includes a requirement to adopt by rule the inflation index or indices to be used for making all fee adjustments.
These fees will be binding on applications and notices for environmental resource permit activities under Part IV of Chapter 373, F.S., reviewed and acted upon by the Department or the Northwest Florida Water Management District, in accordance with the division of responsibilities established by the Operating Agreement in Chapter 62-113, F.A.C.
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