The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-342.300: Use of a Mitigation Bank
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Repeal Rule 62-342.300, F.A.C., “Use of a Mitigation Bank,” that is no longer necessary because similar language already exists in section 10.3.1.2 of the “Department of Environmental Protection and Northwest Florida Water Management District Environmental Resource Permit Applicant’s Handbook Volume I (General and Environmental),” incorporated by reference in Rule 62-346.010, F.A.C., and in the Basis of Review/Applicant’s Handbook of the following water management districts: section 12.3.1.2 in the Suwannee River Water Management District’s “Environmental Resource Permit Applicant’s Handbook – May 2002,” incorporated by reference in subsection 40B-400.091(1), F.A.C. (July 1, 2007); section 12.3.1.2 in the St. John’s River Water Management District’s “Applicant’s Handbook: Management and Storage of Surface Waters,” effective December 27, 2010, incorporated by reference in paragraph 40C-4.091(1)(a), F.A.C. (December 27, 2010); section 3.3.1.2 in the Southwest Florida Water Management District’s “Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District, December 8, 2010,” incorporated by reference in subsection 40D-4.091(1), F.A.C. (December 8, 2010); and section 4.3.1.2 in the South Florida Water Management District’s “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, effective date July 4, 2010,” incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C. (July 4, 2010). Those sections are more applicable to users of the mitigation banks (applicants who propose otherwise unpermittable adverse impacts to wetlands or other surface waters) than to the mitigation bankers (who are the focus of Chapter 62-342, F.A.C.).
OTHER RULES INCORPORATING THIS RULE: This rule is not referenced in any other rule or chapter.
EFFECT ON THOSE OTHER RULES: There are no other rules that incorporate Rule 62-342.300, F.A.C.; therefore, there will be no effect from the repeal.
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: The rule is not required by statute and is being repealed to reduce unnecessary regulatory costs.
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: 373.4136(11) FS.
LAW IMPLEMENTED: 373.4135, 373.4136 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 13, 2012, 1:30 p.m., ET
PLACE: Room 609, Bob Martinez Building, 2600 Blair Stone Road, Tallahassee
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 days before the workshop/meeting by contacting: Mary VanTassel at [phone]. 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 IS: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone] or e-mail: [e-mail]. (OGC No. 11-1064)

THE FULL TEXT OF THE PROPOSED RULE IS:

62-342.300 Use of a Mitigation Bank.

Rulemaking Specific Authority 373.4136(11) FS. Law Implemented 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.300, Amended 5-21-01, 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: November 9, 2011