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 ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-346.010: Policy and Purpose.
62-346.020: General Provisions.
62-346.030: Definitions.
62-346.040: Formal Determinations of the Landward Extent of Wetlands and Surface Waters
62-346.050: Permits Required.
62-346.051: Exemptions from Permitting.
62-346.055: No-notice General Permits.
62-346.060: Conceptual Approval Permits.
62-346.070: Procedures to Prepare Applications and Notices for Permits and to Request Verification of Qualification for an Exemption.
62-346.071: Fees.
62-346.080: Submittal of Applications and Notices for Permits and Petitions for Formal Determinations to Department and NWFWMD Offices.
62-346.085: Rules and Documents Adopted by Reference.
62-346.090: Processing of Notices and Applications.
62-346.091: Documents Incorporated by Reference.
62-346.095: Operation and Maintenance.
62-346.100: Modification of Permits.
62-346.110: Duration of Permits.
62-346.120: Permit Extensions.
62-346.130: Transfer of Ownership or Permit.
62-346.140: Suspension and Revocation.
62-346.301: Conditions for Issuance of Individual (Including Conceptual Approval) and Standard Stormwater Permits.
62-346.302: Additional Conditions for Issuance of an Individual (Including Conceptual Approval) Permit.
62-346.381: General and Special Limiting Conditions.
62-346.451: Emergency Authorizations and Actions.
62-346.900: Environmental Resource Permit Forms.
PURPOSE AND EFFECT: 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.
SUBJECT AREA TO BE ADDRESSED: Chapter 62-346, F.A.C., is to be amended to implement Phase 2 of the ERP program within the geographic territory of the Panhandle, in accordance with Section 373.4145(1)(b), F.S. This rulemaking also may include some amendments to the Phase 1 rules adopted under Section 373.4145(1)(a), F.S.
SPECIFIC AUTHORITY: 120.54(5)(a), 373.026, 373.026(7), 373.043, 373.044, 373.046, 373.113, 373.118, 373.413, 373.414, 373.4145, 373.416, 373.418, 373.421, 373.421(2), 380.06, 380.06(9)(b), 403.0877, 403.805(1) FS.
LAW IMPLEMENTED: 120.54(5)(a), 120.569(2), 120.60(2), 120.60(6), 218.075, 373.019, 373.026, 373.026(7), 373.042, 373.0421, 373.043, 373.046, 373.109, 373.117, 373.118, 373.119, 373.403, 373.406, 373.406(5), 373.409, 373.413, 373.4132, 343.414, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.421, 373.4211, 373.422, 373.423, 373.426, 373.428, 373.429, 373.433, 373.436, 373.439, 380.06, 380.06(9)(b), 403.813(2), 403.805(1), 403.0877 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 3, 2007, Monday, 9:00 a.m. (ET)
PLACE: Department of Environmental Protection, Rm. 609, Bob Martinez Bldg., 2600 Blair Stone Road, Tallahassee
DATE AND TIME: December 4, 2007, Tuesday, 9:00 a.m. (CT)
PLACE: Pensacola Junior College, Hagler Auditorium, Lecture Hall, Bldg. 2, Rm. 252, 1000 College Blvd., Pensacola
DATE AND TIME: December 5, 2007, Wednesday, 9:00 a.m. (CT)
PLACE: Gulf Coast Community College, Sarzin Lecture Hall, Language & Literature Building, 5230 W. Hwy. 98, Panama City
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 hours before the workshop/meeting by contacting: Mary VanTassel at 850-245-8486. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, 2600 Blair Stone Road — MS 2500, Tallahassee, Florida 32399-2400; telephone [phone]; e-mail: [e-mail]; or facsimile [phone]. (OGC Tracking No. 07-1321)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.