Conduct of Studies, Alternate Corridors, Criteria for Rejection, Specifications and Text for Newspaper Notice
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NOS.:RULE TITLES:
62-807.460Conduct of Studies
62-807.530Alternate Corridors, Criteria for Rejection
62-807.670Specifications and Text for Newspaper Notice
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 47, March 8, 2013 issue of the Florida Administrative Register.
Notices of Correction were also published in the Vol. 39, No. 48, March 11, 2013 and Vol. 39, No. 49, March 12, 2013 issues of the Florida Administrative Register. A previous Notice of Change was published in the Vol. 40, No. 121, June 23, 2014 issue of the Florida Administrative Register. This Notice of Change is necessary to correct typographical coding (strikethrough/underline) errors that were published in the Notice of Proposed rule.
62-807.460 Conduct of Studies.
As needed to verify or supplement the studies made by the applicant in support of the application, an agency which is required to prepare an agency report pursuant to Section 403.941, F.S., may conduct additional studies to assist in the development of their agency report.
(1) Examples of issues which may be studied by other specific affected agencies, are as follows. The non-agency specific items listed in subsection (2), should be evaluated in conjunction with these.
(a) through (e) No change.
(f) The affected regional planning council(s): Potential impact upon the public based on the degree to which the project is consistent with the applicable provisions of the comprehensive regional policy plan.
(g) through (h) No change.
(2) No change.
Rulemaking Authority 403.9404(1) FS. Law Implemented 403.941 FS. History–New 8-12-93, Formerly 17-807.460, Amended_________.
62-807.530 Alternate Corridors, Criteria for Rejection.
(1) through (6) No change.
(7) The alternate corridor proponent’s information submittals pursuant to Section 403.9412(1)(d), F.S., must address the same issues as the original application which are applicable, although such submittals can cross-reference to the original application in regards to data which is basically identical. The level of detail of the alternate corridor proponent’s information submittals pursuant to Section 403.9412(1)(d), F.S., must be commensurate with the scale of change in comparison to the applicant's original application. For example, if an alternate corridor would shift the corridor several hundred feet from west the original proposal, for a distance of a thousand feet, and overlaps slightly with the original corridor, much of the original application information may address the requisite information for the proposed alternate corridor in that area. Cross-referencing to the application in such scenarios will be adequate in most instances. On the other hand, an alternate that shifts the corridor several miles from where originally proposed that is not joined with the other parts of the corridor not in dispute, would require substantially new, detailed information.
(8) through (9) No change.
Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9412 FS. History–New 8-12-93, Formerly 17-807.530, Amended_________.
62-807.670 Public Noticing Requirements.
(1) The applicant shall provide newspaper notice as required by Section 403.9411, F.S., using the templates listed below. Templates may be obtained from the Department of Environmental Protection, Siting Coordination Office, or by accessing the Office’s web site at http://www.dep.state.fl.us/siting or at the hyperlink provided below. The content of any notice may be different than that provided in this section so long as the deviation does not materially and substantially alter the substance of such notice. All notices shall, with the exception of the Petition to Modify notice, be published in accordance with Section 403.9411(1)(d), F.S.;
(a) through (e) No change.
(2) The proponent of an alternate corridor shall provide newspaper notice as required by Section 403.9412, F.S., using the form and procedures listed above in subparagraphs (1)(a)3. and 4.
Rulemaking Authority 403.9404(1),(2), 403.9411(1)(f) FS. Law Implemented 403.9411(1), 403.9412, 403.9418, 403.815 FS. History–New 8-12-93, Formerly 17-807.670, Amended_________.
