The purpose of the proposed rule amendment is to clarify what impacts the District will consider in determining whether certain activities regulated under Part IV, Chapter 373, Florida Statutes (F.S.), qualify for a General Environmental Resource ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-40.301: Conditions for Issuance of General Permits for Minor Surface Water Management Systems
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to clarify what impacts the District will consider in determining whether certain activities regulated under Part IV, Chapter 373, Florida Statutes (F.S.), qualify for a General Environmental Resource Permit for Minor Surface Water Management Systems under the District's rules. The effect will be to make clear in District rule that activities in, on or over less than 100 square feet of wetlands or other surface waters meet the threshold for this type of general permit.
SUMMARY: The proposed revisions delete existing rule language that restricts the activities considered for permitting threshold purposes to dredging and filling. The amendment also adds language to clarify that activities evaluated pursuant to this rule include not only those activities occurring in, but in, on or over wetlands or other surface waters.
SUMMARY OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost is not being prepared based on the District’s determination that the proposed revisions to Rule 40D-1.607, F.A.C., will not result in a substantial increase in the costs to affected parties and there will not be significant adverse effects on competition, employment, investment or productivity.
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: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.413, 373.414, 373.416, 373.427 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen E. West, Deputy General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-40.301 Conditions for Issuance of General Permits for Minor Surface Water Management Systems.

(1) To obtain this general permit, an applicant must provide reasonable assurance that the following conditions are met and certify that:

(a) through (b) No change.

(c) The proposed activities will occur in, on or over consist of the dredging or filling of less than 100 square feet of in wetlands or other surface waters. Road or driveway crossings of ditches constructed in uplands will not be counted against the 100 square foot limit;

(d) through (j) No change.

(2) through (3) No change.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.427 FS. History–New 3-1-88, Amended 10-3-95, 10-16-96, 9-26-02, 2-1-05,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen E. West, Deputy General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Governing Board of the Southwest Florida Water Management District
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 31, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 27, 2006