New BMPs for Mat Logging in wetlands Updated information on seeding rates for vegetative stabilization. Provide a current list of special waterbodies in Florida as obtained from the Florida Department of Environmental Protection (i.e. Outstanding ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Forestry

RULE NO: RULE TITLE
5I-6.001: Purpose
5I-6.002: Approved Best Management Practices BMPs
5I-6.003: Presumption of Compliance
5I-6.004: Notice of Intent to Implement
5I-6.005: Record Keeping
PURPOSE AND EFFECT: New BMPs for Mat Logging in wetlands Updated information on seeding rates for vegetative stabilization. Provide a current list of special waterbodies in Florida as obtained from the Florida Department of Environmental Protection (i.e. Outstanding Florida Waters, Outstanding National Resource Waters, and Class I Waters).
SUMMARY: The proposed rule establishes a procedure for submitting a “Notice of Intent to Implement” Silviculture BMPs, that, when filed with the Florida Department of Agriculture and Consumer Services, Division of Forestry (DOF), and BMPs are implemented, provides a presumption of compliance with state water quality standards and release from the provisions of Section 376.307(5), F.S., for those pollutants addressed by the practices. Once filed with DOF, the Notice of Intent shall enable the applicant to apply for assistance with the implementations as identified in Section 403.067(7)(c)2., F.S. This proposed rule also provides that records maintained by the applicant confirming implementation of non-regulatory and incentive-based BMPs are subject to DOF inspection.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 403.067(7)(c)2., 570.07(23) FS.
LAW IMPLEMENTED: 403.067(7)(c)2., 589.041(1)(a) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
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: Jeffery L. Vowell, Division of Forestry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, telephone [phone], fax [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: Jeffery L. Vowell, Division of Forestry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, telephone [phone], fax [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5I-6.001 Purpose.

The purpose of this rule is to effect pollutant reduction through the implementation of non-regulatory and incentive based programs which may be determined to have minimal individual or cumulative adverse impacts to the water resources of the state.

Rulemaking Specific Authority 403.067(7)(c)2.(d), 570.07(23) FS. Law Implemented 403.067(7)(c)2.(d), 589.04(1)(a) FS. History–New 2-11-04.

 

5I-6.002 Approved Best Management Practices BMPs.

The document titled Best Management Practices for Silviculture (2008) (2003) is hereby incorporated and adopted by reference in this rule. Copies of the document may be obtained from the Department of Agriculture and Consumer Services, Division of Forestry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, [phone] 9935 or FAX [phone] or by visiting www.fl-dof.com/forest_management/bmp/index.html.

Rulemaking Specific Authority 403.067(7)(c)2.(d), 570.07(23) FS. Law Implemented 403.067(7)(c)2.(d), 589.04(1)(a) FS. History–New 2-11-04, Amended_________.

 

5I-6.003 Presumption of Compliance.

In order to obtain the presumption of compliance with state water quality standards and release from the provisions of Section 376.307(5), F.S. for those pollutants addressed by the practices the applicant must:

(1) Conduct an assessment of the subject properties using the document titled Best Management Practices for Silviculture (2008 October, 2003)

(2) Submit a Notice of Intent to Implement as outlined in Rule 5I-6.004, F.A.C.

(3) Implement the non-regulatory and incentive-based BMPs identified as a result of the assessment of the subject properties and listed in the Notice of Intent to Implement.

(4) Maintain documentation to verify the implementation and maintenance of the non-regulatory and incentive-based BMPs as outlined in Rule 5I-6.005, F.A.C.

Rulemaking Specific Authority 403.067(7)(c)2.(d), 570.07(23) FS. Law Implemented 403.067(7)(c)2.(d), 589.04(1)(a) FS. History–New 2-11-04, Amended_________.

 

5I-6.004 Notice of Intent to Implement.

(1) A Notice of Intent to Implement Non-Regulatory and Incentive Based BMPs identified in the document titled Best Management Practices for Silviculture (2008 2003) shall be submitted to the Department of Agriculture and Consumer Services, Division of Forestry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650 [phone] 9935 or FAX [phone]. Such notice shall identify BMPs the applicant will implement. The notice shall also include: the name of the property owner; the location of the property; the property tax ID number(s); a timeline for implementation; the gross acreage on which the practices will be implemented; the name and contact information of an authorized representative; and the signature of the owner, lease holder, or an authorized agent. This notice is a one-time notification and is not required for each and every individual silviculture activity undertaken by the applicant.

(2) Once filed with FDACS, the Notice of Intent to Implement shall enable the applicant to apply for assistance with implementation as identified in Section 403.067(7)(c)(d), F.S.

Rulemaking Specific Authority 403.067(7)(c)2.(d), 570.07(23) FS. Law Implemented 403.067(7)(c)2.(d), 589.04(1)(a) FS. History–New 2-11-04, Amended_________.

 

5I-6.005 Record Keeping.

Where silviculture BMP implementation is not physically observable in the field, participants must preserve sufficient documentation to confirm implementation of the non-regulatory and incentive based BMPs identified in the Notice of Intent to Implement. All field activities and documentation related to BMP implementation are subject to FDACS, Division of Forestry inspection.

Rulemaking Specific Authority 403.067(7)(c)2.(d), 570.07(23) FS. Law Implemented 403.067(7)(c)2.(d), 589.04(1)(a) FS. History–New 2-11-04.

NAME OF PERSON ORIGINATING PROPOSED RULE: James R. Karels, Division Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 7, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 14, 2009