To repeal a rule and the six forms incorporated therein that were reviewed during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary. At that time, it was determined that ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-312.900Wetland Resource Forms

PURPOSE AND EFFECT: To repeal a rule and the six forms incorporated therein that were reviewed during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary. At that time, it was determined that four of the forms were obsolete, one possibly should be amended, and one should be retained. However, since that time, it has been determined that all of Forms 62-312.900(1) through (6) are obsolete and no longer needed.

Form 62-312.900(1) Joint Application for Works in the Waters of Florida, October 30, 1991 – This application applied only in the geographical territory of the Northwest Florida Water Management District. It was replaced by adoption of a Joint Application in the new Chapter 62-346, F.A.C., effective October 1, 2007, which was subsequently replaced by the Joint Application form adopted in Chapter 62-330, F.A.C., that applies state-wide, effective October 1, 2013. Therefore, this form is no longer needed. After repeal of this rule, other rules incorporating the repealed rule will be revised.

Form 62-312.900(2) Joint U.S. Army Corps of Engineers/Florida Department of Environmental Protection Emergency Permit, November 30, 1982 – This form is replaced by an emergency field authorization in Chapter 62-330, F.A.C., effective October 1, 2013.

Form 62-312.900(3) Recognition of Jurisdiction Under Chapters 253 and 403, Florida Statutes, November 30, 1982 – This is an acknowledgement that a proposed action is subject to review under these chapters in lieu of the Department requiring a mean high water line survey, which was optional and is not required. It is now considered unnecessary.

Form 62-312.900(4) Application Guide for Deepwater Port Maintenance Dredging and Disposal 25-Year Permit, March 31, 1984, and its associated Deepwater Ports Maintenance Dredging Manual were last used in 1987 and are obsolete. Maintenance dredging, as addressed in Section 403.816, F.S., is now conducted under an exemption in Section 403.813(1)(f) or (3), F.S., or under an Environmental Resource Permit under Part IV of Chapter 373, F.S.

Form 62-312.900(5) Application for Long-Term Permits, October 16, 1984 – This form is no longer needed as it is replaced by the permits under Chapter 62-330, F.A.C.

Form 62-312.900(6) Notice of Intent to Construct Works Pursuant to a Wetland Resource General Permit, October 30, 1991 – This form is no longer needed as it is replaced by Form 62-330.402(1), “Notice of Intent to Use an Environmental Resource General Permit,” adopted in Chapter 62-330, F.A.C., effective October 1, 2013.

These forms are preserved for grandfathered activities. Entities who qualify for grandfathering under Section 373.4145(6)(b), F.S., applicants for permits for activities associated with certain mining operations under Section 373.414(15), F.S., and other entities qualifying for grandfathering under Sections 373.414 (11), (12), (13), (14), and (16), F.S., can continue to use this rule because, even if repealed, it is preserved as of the dates it existed in these statutory sections.

SUMMARY: To repeal Rule 62-312.900, F.A.C., containing forms that are obsolete and no longer needed.

OTHER RULES INCORPORATING THIS RULE: Rules 18-18.014, 18-21.900, 62-45.060, 62-45.110, 62-348.300, 62-807.570, and 62D-15.006, F.A.C.

EFFECT ON THOSE OTHER RULES: There will be no effect to Rules 18-18.014, 18-21.900, 62-807.570, and 62D-15.006, F.A.C, since any new applications for the activities referenced therein are now made under forms incorporated in Chapter 62-330, F.A.C. There will be no effect to Chapter 62-348, F.A.C, because the rule chapter is presently under rulemaking to, in part, correct the reference to Form 62-312.900(1) for a wetland resource permit to the appropriate form in Chapter 62-330, F.A.C. There will be no effect to Rules 62-45.060 and 62-45.110, F.A.C., because Form 62-312.900(4) Application Guide for Deepwater Port Maintenance Dredging and Disposal 25-Year Permit, March 31, 1984, referenced therein is obsolete and no longer used by the public as result of the exemption in Section 403.813(1)(f) or (3), F.S., and the Environmental Resource Permit under Part IV of Chapter 373, F.S., which covers those activities. After repeal of Rule 62-312.900, F.A.C., other rules incorporating the repealed rule will be revised. Rules citing to Form 62-312.900(1) Joint Application for Works in the Waters of Florida, October 30, 1991, will be revised to reference Form 62-330.060(1), “Joint Application for Individual and Conceptual Environmental Resource Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill Permit adopted in Chapter 62-330, F.A.C. Also, Chapter 62-45, F.A.C., which cites to Form 62-312.900(4) is being considered for repeal as being no longer necessary. No other rules incorporate Form 62-312.900(2), Form 62-312.900(3), Form 62-312.900(5), and Form 62-312.900(6).

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based upon the Department’s economic review, legislative ratification is not required because the repeal of the rule and the forms incorporated therein do not increase costs to the regulated public. Currently, the forms are obsolete and no longer needed or have been replaced by forms incorporated in Chapter 62-330, F.A.C., Environmental Resource Permitting, which applies state-wide effective October 1, 2013.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.414(11)-(16), 373.4145, 403.805(1) FS.

LAW IMPLEMENTED: 373.409, 373.413, 373.414(9), 373.414(11), 373.414(12)(a), 373.414(13), 373.414(14), 373.414(15), 373.414(16), 373.4145, 373.416, 373.418, 403.814 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Heathcock, Florida Department of Environmental Protection, Submerged Lands and Environmental Resources Coordination, 2600 Blair Stone Road, MS 2500, Tallahassee, FL 32399-2400, telephone: [phone], e-mail: [e-mail] or facsimile [phone], (OGC NO. 14-0447)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-312.900 Wetland Resource Forms.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 120.53(1), 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.0875, 403.814 FS. History–New 11-30-82, Amended 3-31-84, 10-16-84, 5-15-88, Formerly 17-1.203, 17-12.900, Amended 10-9-90, 6-5-91, 10-30-91, 5-25-92, Formerly 17-312.900, Amended 10-3-95, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson, Director, Division of Water Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 17, 2014