The purpose and effect of the proposed rule amendment is to: (1) clarify the scope of the noticed general permit authorized by Rule 40C-400.443, F.A.C., (for minor bridge activities by the Florida Department of Transportation (FDOT), counties, and ...  


  • RULE NO: RULE TITLE
    40C-400.443: General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation
    40C-400.447: General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements
    PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to: (1) clarify the scope of the noticed general permit authorized by Rule 40C-400.443, F.A.C., (for minor bridge activities by the Florida Department of Transportation (FDOT), counties, and municipalities), and (2) clarify the 0.25 acre wetlands and other surface waters impact area limitation in the noticed general permit authorized by Rule 40C-400.447, F.A.C., (for minor activities by FDOT, counties, and municipalities within existing rights-of-way or easements).
    SUMMARY: This proposed rule amendment would clarify that: (1) the scope of the noticed general permit authorized by Rule 40C-400.443, F.A.C., includes bridge maintenance activities and that the authorized replacement or modification of a bridge includes changes in bridge configuration or fill due to changes in materials, construction techniques, or to meet current construction codes or safety standards, and (2) the 0.25 wetlands and other surface waters impact area limitation in the noticed general permit authorized by Rule 40C-400.447, F.A.C., applies to each culverted crossing.
    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: 373.044, 373.113, 373.118, 373.414, 373.418 FS.
    LAW IMPLEMENTED: 373.118, 373.413, 373.414, 373.416, 373.418, 373.426 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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
    DATE AND TIME: April 8, 2008, Following the regularly scheduled Regulatory/Governing Board Meeting, which begins at 1:00 p.m.
    PLACE: St. Johns River Water Management District Headquarters, 4049 Reid Street, Palatka, Florida 32177-2529
    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: Sandra Bertram, Assistant District Clerk, (386)329-4127. 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: Norma K. Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32178-2529, (386)329-4459, Suncom 860-4459, email address nmesser@sjrwmd.com

    THE FULL TEXT OF THE PROPOSED RULE IS:

    40C-400.443 General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation.

    (1) A general permit is hereby granted to the Florida Department of Transportation, counties and municipalities to conduct the activities described below:

    (a) The replacement, or modification, or maintenance of bridges and approaches where the combined total of dredging and filling, both temporary and permanent, in wetlands and other surface waters does not exceed 0.5 acres.

    (b) No change.

    (2) This general permit shall be subject to the following specific conditions:

    (a) through (k) No change.

    (l) This general permit authorizes dredging and filling for the replacement or modification of a bridge and approaches for a specific crossing of a wetland or other surface water. Replacement of a bridge or modification of a bridge that includes changes in the configuration of the bridge or fill areas due to changes in materials, construction techniques, or meeting current construction codes or safety standards are authorized under this permit. Any connecting road expansion or alteration associated with such replacement or modification must be authorized by a separate general or individual permit under Chapter 40C-4, 40C-40, 40C-42 or 40C-400, F.A.C., as applicable, before the start of construction; and

    (m) No change.

    Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended________.

     

    40C-400.447 General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements.

    (1) A general permit is hereby granted to the Florida Department of Transportation, counties and municipalities to conduct the activities described below:

    (a) The extension of existing culverts and crossing approaches to accommodate widening of the roadway where excavation or deposition of material shall not exceed 1000 cubic yards in wetlands and other surface waters and the area from which material is excavated or to which material is deposited shall not exceed a total of 0.25 acres at any one culverted crossing location (project site). The 1000 cubic yardage limitation shall be separately applied to excavation and deposition of material.

    (b) through (g) No change.

    (2) through (3) No change.

    Specific Authority 373.044, 373.113, 373.118, 373.414, 373.418 FS. Law Implemented 373.118, 373.413, 373.414, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 1-11-99, 10-11-01,________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas Mayton, Sr. Assistant General Counsel, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)329-4108, suncom 860-4108
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River water Management District
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 12, 2008
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 22, 2008

Document Information

Comments Open:
2/29/2008
Summary:
This proposed rule amendment would clarify that: (1) the scope of the noticed general permit authorized by Rule 40C-400.443, F.A.C., includes bridge maintenance activities and that the authorized replacement or modification of a bridge includes changes in bridge configuration or fill due to changes in materials, construction techniques, or to meet current construction codes or safety standards, and (2) the 0.25 wetlands and other surface waters impact area limitation in the noticed general ...
Purpose:
The purpose and effect of the proposed rule amendment is to: (1) clarify the scope of the noticed general permit authorized by Rule 40C-400.443, F.A.C., (for minor bridge activities by the Florida Department of Transportation (FDOT), counties, and municipalities), and (2) clarify the 0.25 acre wetlands and other surface waters impact area limitation in the noticed general permit authorized by Rule 40C-400.447, F.A.C., (for minor activities by FDOT, counties, and municipalities within existing ...
Rulemaking Authority:
373.044, 373.113, 373.118, 373.414, 373.418 FS.
Law:
373.118, 373.413, 373.414, 373.416, 373.418, 373.426 FS.
Contact:
Norma K. Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32178-2529, (386)329-4459, Suncom 860-4459, email address nmesser@sjrwmd.com
Related Rules: (2)
40C-400.443. General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation
40C-400.447. General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements