Chapter 62-341, F.A.C., currently establishes 35 noticed general permits under the environmental resource permit (ERP) program authorized by Part IV of Chapter 373, F.S., within the Suwannee River, St. Johns River, Southwest Florida, and South ...  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION

    RULE NO: RULE TITLE
    62-341.021: Definitions
    62-341.201: Policy and Purpose
    62-341.215: General Conditions for All Noticed General Permits
    62-341.443: General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation
    62-341.447: General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements
    62-341.448: General Permit to Counties and Municipalities to Pave Existing County or Municipally Owned and Maintained Roads, including the Repair and Replacement of Bridges that are Part of the Roadway
    62-341.483: General Permit to Water Management Districts to Conduct Minor Activities
    62-341.485: General Permit to Water Management Districts for Environmental Restoration or Enhancement
    62-341.487: General Permit to Water Management Districts to Change Operating Schedules for District Water Control Structures
    62-341.601: General Permit for Clam and Oyster Culture on Sovereignty Submerged Lands Aquaculture Leases
    62-341.900: Noticed General Permit Forms
    PURPOSE AND EFFECT: Chapter 62-341, F.A.C., currently establishes 35 noticed general permits under the environmental resource permit (ERP) program authorized by Part IV of Chapter 373, F.S., within the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts. The chapter is proposed to be amended to make available certain noticed general permits within the geographical area of the Northwest Florida Water Management District (NWFWMD), generally referred to as the “Panhandle,” as authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. Specifically, Section 373.4145(3)(d), F.S., requires the new ERP rules in the Panhandle to “Incorporate the exemptions and general permits that are effective under this part and have been enacted by rule by the department and other water management districts, including the general permits authorized by Section 403.814, F.S.
    This rulemaking is proposed as part of a concurrent rulemaking to adopt a new Chapter 62-346, F.A.C., which will implement the ERP rules applicable to stormwater management systems in the Panhandle. Chapter 62-346, F.A.C., provides the procedures for the public to provide notice to the Department or NWFWMD of their intent to use a noticed general permit adopted under Chapter 62-341, F.A.C., as well as the procedures that will be used by these agencies to review and act on such notices. Because nine of the general permits authorize activities that cannot take place in the Panhandle, only 26 of the noticed general permits in Chapter 62-341, F.A.C., will be available for activities within the Panhandle.
    In addition to the above, six of the existing general permits are being amended to authorize additional activities, to clarify existing language, or to conform the rule to statutory authority. One general permit, Rule 62-341.601, F.A.C., which authorizes clam and oyster culture operations within sovereignty submerged lands aquaculture leases, is proposed to be repealed in recognition that Section 373.406(8), F.S., which was enacted after adoption of this general permit. Section 373.406(8), F.S., now exempts these activities from regulation under Part IV of Chapter 373, F.S., effectively making Rule 62-341.601, F.A.C., obsolete. Amendments also are proposed to the procedures and forms that are used to provide notice of use of the general permits.
    Many general permits that are analogous to the noticed general permits adopted under Chapter 62-341, F.A.C., also are in effect under Rules 62-312.800 through 62-312.825, F.A.C. Those general permits, and most of the noticed general permits adopted under Chapter 62-341, F.A.C., authorize activities involving dredging and filling in wetlands and other surface waters. Some of those activities also involve stormwater management systems that will require a permit under Chapter 62-346, F.A.C. Section 373.4145(1), F.S., requires a phased approach to adopting rules that implement the ERP program in the Panhandle. The first phase of rules proposed under Chapter 62-346, F.A.C., is limited to regulation of stormwater management systems. Other than the activities authorized under Chapter 62-341, F.A.C., activities involving dredging and filling will continue to be regulated under Chapter 62-312, F.A.C., until the second phase of rules under Section 373.4145(1)(b), F.S., are adopted, which cannot occur any sooner than January 1, 2008. Therefore, persons who propose to construct, alter, maintain or repair, abandon, or remove stormwater management systems that involve dredging or filling in surface waters of the state, as defined in Rule 62-312.030, F.A.C., can chose to use either an applicable general permit adopted under Chapter 62-312, F.A.C., or a noticed general permit Chapter 62-341, F.A.C., until the second phase of rules become effective.
    Rule 62-341.900, F.A.C., is being amended to provide that the form to notice the Department or NWFWMD of the intended use of a general permit is Form 62-312.900(6). This form is already used to notice the Department of uses of general permits adopted under the wetland resource permit program in Chapter 62-312, F.A.C. This form is being retained because, as mentioned above, many of the general permits involve dredge and fill activities. Most dredge and fill activities within the Panhandle require a separate permit or authorization from the U.S. Army Corps of Engineers (Corps). The Corps is familiar with the proposed form, and its continued use under the new ERP program in the Panhandle will avoid confusion and the need to adopt new operational procedures with the Corps.
    The overall effect of this rulemaking will be to streamline and expedite the process of authorizing projects that qualify for the general permits within the Panhandle. It also will reduce costs to the public. The noticed general permit under Chapter 62-341, F.A.C., constitutes the requisite dredge and fill and stormwater management system authorizations. The availability of these general permits in the Panhandle will not reduce environmental protection because general permits are authorized under Sections 373.4145, F.S., to have only minimal adverse individual and cumulative impacts.
    OGC NO.: 06-1124 (formerly Docket No. 02-06R)
    SUMMARY: The proposed amendments to Chapter 62-341, F.A.C., will enable applicants to use noticed general permits under the new ERP program authorized under Section 373.4145, F.A.C., that are applicable in the Panhandle.
    The amendments to Rule 62-341.021, F.A.C., provide that applicable definitions under Chapters 62-330 and 62-346, F.A.C., will apply to the noticed general permits in Chapter 62-341, F.A.C.
    The amendments to Rule 62-341.201, F.A.C., provide that the procedures for reviewing notices to use general permits adopted under Chapter 62-341, F.A.C., will include those adopted under Rule 62-346.090, F.A.C.
    The amendments to subsections 62-341.215(4) and (8), F.A.C., remove a reference to Chapter 62-330, F.A.C., and add a reference to Rule 62-346.130, F.A.C., so that general conditions related to rights and transfers of permits will apply to noticed general permits in the Panhandle.
    The amendments to Rules 62-341.443 and .447, F.A.C., expand and clarify, respectively, certain roadway and bridge activities authorized to the Florida Department of Transportation, counties, and municipalities. These changes were requested by the Florida Department of Transportation, and will be applicable statewide once rulemaking to amend the corresponding noticed general permit rules in the water management districts is completed. The amendment to Rule 62-341.448, F.A.C., removes, within the geographical area of the NWFWMD, the applicability of this noticed general permit to counties. This limitation is required in recognition that Section 373.4145(3)(e), F.A.C., retains an exemption for counties in the Panhandle to repair, stabilize, or pave county owned and maintained roads and repair or replace bridges that are part of the roadway in accordance with the limitations and conditions of Section 403.813(2)(t), F.S. The amendments will retain applicability of this noticed general permit to municipalities in the Panhandle, and will not affect the applicability of this general permit to counties and municipalities outside of the Panhandle.
    The amendments to Rules 62-341.483, .485 and .487, F.A.C., will enable the Department and NWFWMD to qualify for general permits that authorize certain minor activities, environmental restoration or enhancement projects, or changes to operating schedules for water control structures, respectively. These general permits currently are issued only to the water management districts outside of the Panhandle because the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts have their own noticed general permit rules that authorize the Department to perform the above activities. However, under Section 373.4145, F.S., the NWFWMD will be using rules adopted by the Department to implement the ERP program in the panhandle. Therefore the Department’s Chapter 62-341, F.A.C., rule must be amended to enable the NWFWMD to authorize general permit activities conducted by the Department.
    The existing general permit in Rule 62-341.601, F.A.C., which authorizes certain clam and oyster culture activities within sovereignty submerged lands aquaculture leases is being repealed for the reasons set forth above.
    Rule 62-341.900, F.A.C., is being amended to provide that the form to notice the Department or NWFWMD of the intended use of a general permit is Form 62-312.900(6).
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A statement of estimated regulatory costs has not been prepared. Section 373.4145(3)(d), F.S., mandates that the Department extend the applicability of existing noticed general permits to ERP activities in the Panhandle.
    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: 373.026(7), 373.043, 373.118, 373.406(5), 373.4145, 373.418, 373.06(9)(b), 403.061, 403.0877, 403.805, 403.815 FS.
    LAW IMPLEMENTED: 120.54(5)(a), 120.60(2), 120.60(6), 161.041, 161.055, 253.03, 253.77, 258.42, 258.43, 373.026(7), 373.043, 373.109, 373.118, 373.129, 373.136, 373.403, 373.406(5), 373.409, 373.413, 373.414, 373.4141, 373.4145, 373.416, 373.418, 373.419, 373.421, 373.422, 373.423, 373.426, 373.427, 373.4275, 373.428, 373.429, 380.06(9)(b), 403.031, 403.061, 403.062, 403.803, 403.812, 403.813, 403.815, 403.816, 403.927, 403.9328 FS.
    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
    DATE AND TIME: Wednesday, April 4, 2007, 10:00 a.m., ET
    PLACE: Florida Department of Environmental Protection, Rm. 609, Bob Martinez Center (formerly Twin Towers), 2600 Blair Stone Rd., Tallahassee, FL
    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 7 days before the workshop/meeting by contacting: Mary Van Tassel at (850)245-8486. 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: Alice Heathcock, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, MS 2500, Tallahassee, Florida 32399-2400; telephone (850)245-8483; e-mail: Alice.Heathcock@dep.state.fl.us; or facsimile (850)245-8499

    THE FULL TEXT OF THE PROPOSED RULE IS:

    62-341.021 Definitions.

    Except as otherwise provided in this chapter, tThe definitions of Chapters 62-330 and 62-346, F.A.C., including those incorporated by reference in Chapter 62-330, F.A.C., shall apply to this chapter. Additionally, as used in this chapter:

    (1) through (22) No change.

    Proposed Effective Date: October 1, 2007.

    Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 10-1-07.

     

    PART II NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS

    62-341.201 Policy and Purpose.

    (1) The purpose of Part II of this chapter is to provide noticed general environmental resource permits for those activities which have been determined to have minimal impacts to the water resources of the District, both individually and cumulatively, when conducted in compliance with the terms and conditions of the general permit. Unless specifically provided for in the general permit, mitigation is neither necessary nor required for activities that qualify for noticed general permits. Persons wishing to use one or more of the general permits under this Ppart shall be subject to the notice provisions of Rule 62-343.090, F.A.C., or, for activities within the geographical area of the Northwest Florida Water Management District, Rule 62-346.090, F.A.C., before any activity is conducted as authorized herein. The general conditions provided pursuant to Rule 62-341.215, F.A.C., shall apply to all of the noticed general permits in this Ppart. Strict compliance with all of the terms, conditions, requirements, limitations and restrictions applicable to a desired noticed general permit under this Ppart is required to qualify for such a permit.

    (2) No change.

    Proposed Effective Date: October 1, 2007.

    Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 2-19-03, 10-1-07.

     

    62-341.215 General Conditions for All Noticed General Permits.

    (1) through (3) No change.

    (4) This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permitas provided by Chapter 62-330, F.A.C.

    (5) through (7) No change.

    (8) This permit shall not be transferred to a third party except pursuant to Rule 62-343.130, F.A.C., or, for activities within the geographical area of the Northwest Florida Water Management District, Rule 62-346.130, F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located.

    (9) through (14) No change.

    Proposed Effective Date: October 1, 2007.

    Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.044, 373.406(5), 373.118(1), 373.129, 373.136, 373.413, 373.414(9), 373.4145, 373.416, 373.422, 373.423, 373.429 FS. History–New 10-3-95, Amended 10-1-07.

     

    62-341.443 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 0.50 acre (2023 square meters or 0.2 hectares); and

    (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, or maintenance of a bridge and approaches for a specific crossing of a wetland or other surface water. Replacement or modification of a bridge that includes changes in the configuration of the bridge and 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 Part IV of Chapter 373, F.S., as applicable, before the start of construction; and

    (m) No change.

    Proposed Effective Date: October 1, 2007.

    Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.419 FS. History–New 10-3-95, Amended 10-1-07.

     

    62-341.447 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 (765 cubic meters) 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 (1012 square meters or 0.1 hectares) at any one culverted crossing location (project site). The 1000 cubic yardage (765 cubic meters) limitation shall be separately applied to excavation and deposition of material;

    (b) through (f) No change.

    (2) through (3) No change.

    Proposed Effective Date: October 1, 2007.

    Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.419 FS. History–New 10-3-95, Amended 10-1-07.

     

    62-341.448 General Permit to Counties and Municipalities to Pave Existing County or Municipally Owned and Maintained Roads, including the Repair and Replacement of Bridges that are Part of the Roadway.

    A general permit is hereby granted to counties and municipalities to pave existing county or municipally owned and maintained roads that lack a permanent pavement surface, such as concrete or asphalt. This includes: the repair and stabilization of such roads in preparation of paving; the repair or replacement of bridges and culverts that are part of the roadway; construction or alteration of associated stormwater management systems; other work reasonably necessary to pave the road; and the construction, alteration, operation, and maintenance of systems and works authorized under this general permit, provided all of the terms and conditions below are met. However, within the geographic area of the Northwest Florida Water Management District, the general permit shall only be applicable to municipalities.

    (1) through (6) No change.

    Proposed Effective Date: October 1, 2007.

    Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1), 403.813(2)(t) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.419, 403.813(2)(t) FS. History–New 2-22-07, Amended 10-1-07.

     

    62-341.483 General Permit to the Department and Water Management Districts to Conduct Minor Activities.

    A general permit is hereby granted to the Department and Water Management Districts to conduct the activities described below:

    (1) through (3) No change.

    (4) When the activity under this general permit is to be conducted by the Department within the geographical area of the Northwest Florida Water Management District, the Department shall provide the notice and any fee required by paragraph 62-346.090(2)(b), F.A.C., to the District, and the District shall process the notice as provided in subsection 62-346.090(2), F.A.C.

    (5) When the activity under this general permit is to be conducted by the Department within the geographical area of the Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District, or South Florida Water Management District, the Department shall provide the notice and any required fee to the appropriate District which shall process the notice according to Rule 40B-400.483, 40C-400.483, 40D-400.483 or 40E-400.483, F.A.C., as applicable, and according to any related procedural rules of the District.

    Proposed Effective Date: October 1, 2007.

    Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418 FS. History–New 10-3-95, Amended 10-1-07.

     

    62-341.485 General Permit to the Department and Water Management Districts for Environmental Restoration or Enhancement.

    (1) A general permit is hereby granted to the Department and water management districts for the construction, alteration, operation, maintenance, removal and abandonment of systems to implement Department or District environmental restoration or enhancement projects.

    (2) through (3) No change.

    (4) When the activity under this general permit is to be conducted by the Department within the geographical area of the Northwest Florida Water Management District (District), the Department shall provide the notice and any fee required by paragraph 62-346.090(2)(b), F.A.C., to the District, and the District shall process the notice as provided in subsection 62-346.090(2), F.A.C.

    (5) When the activity under this general permit is to be conducted by the Department within the geographical area of the Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District, or South Florida Water Management District, the Department shall provide the notice and any required fee to the appropriate District which shall process the notice according to Rule 40B-400.485, 40C-400.485, 40D-400.485 or 40E-400.485, F.A.C., as applicable, and according to any related procedural rules of the District.

    Proposed Effective Date:  October 1, 2007.

    Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1), FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 10-1-07.

     

    62-341.487 General Permit to the Department and Water Management Districts to Change Operating Schedules for District Water Control Structures.

    (1) A general permit is hereby granted to the Department and Water Management Districts to change the operating schedules for existing water control structures that are owned or operated by the Department or Water Management District when such changes are for environmental restoration or enhancement.

    (2) No change.

    (3) When the activity under this general permit is to be conducted by the Department within the geographical area of the Northwest Florida Water Management District (District), the Department shall provide the notice and any fee required by paragraph 62-346.090(2)(b), F.A.C., to the District, and the District shall process the notice as provided in subsection 62-346.090(2), F.A.C.

    (4) When the activity under this general permit is to be conducted by the Department within the geographical area of the Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District, or South Florida Water Management District, the Department shall provide the notice and any required fee to the appropriate District which shall process the notice according to Rule 40B-400.487, 40C-400.487, 40D-400.487 or 40E-400.487, F.A.C., as applicable, and according to any related procedural rules of the District.

    Proposed Effective Date: October 1, 2007.

    Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.416, 373.418 FS. History–New 10-3-95, Amended 10-1-07.

     

    62-341.601 General Permit for Clam and Oyster Culture on Sovereignty Submerged Lands Aquaculture Leases.

    Proposed Effective Date: October 1, 2007.

    Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Repealed  10-1-07.

     

    PART III FORMS

    62-341.900 Noticed General Permit Forms.

    (1) Notice to use the general permit in Rule 62-341.500, F.A.C., Notice of Intent to Construct a Minor Silvicultural System, shall be made on Form 62-341.900(1), effective 9-4-05, which is hereby adopted and incorporated by reference.

    (2) Except for notices filed within the geographical area of the Northwest Florida Water Management District – Sections A, B, and G, and Attachments 1 through 6 of the “Joint Application for: Environmental Resource Permit/Authorization to use Sovereign Submerged Lands/Federal Dredge and Fill Permit,” as adopted in subsection 62-343.900(1), F.A.C., on July 4, 1995, shall be used to submit all notices to use a noticed general permit under this chapter, except for the notice referenced in Rule 62-341.500, F.A.C.

    (3) For notices filed within the geographical area of the Northwest Florida Water Management District – “Notice of Intent to Construct Works Pursuant to a Wetland Resource General Permit,” Form 62-312.900(6), as authorized by Rule 62-4.530, F.A.C., and incorporated by reference in subsection 62-312.900, F.A.C., shall be used to submit all notices to use a noticed general permit under this chapter, except for the notice referenced in Rule 62-341.500, F.A.C.

    (4)(3) Copies of forms used by the Department to provide notice to use the general permits in this Chapter may be obtained from the Internet at: http://www.dep.state.fl.us/water/wetlands/erp/forms.htm, or from any local district or branch office of the Department (see http://www.dep.state.fl.us/secretary/dist/), or by writing to the Submerged Lands and Environmental Resources Office, MS 2500, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any local district or branch office of the Department.

    Proposed Effective Date: October 1, 2007.

    Specific Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414(9), 373.4145, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 9-4-05, Amended 10-1-07.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Janet G. Llewellyn, Director, Division of Water Resource Management
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Secretary
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 20, 2007
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 30, 2006, on the Department’s Official Internet Noticing site at http://tlhora6.dep.state.fl.us/onw/pilot.asp

Document Information

Comments Open:
3/9/2007
Summary:
The proposed amendments to Chapter 62-341, F.A.C., will enable applicants to use noticed general permits under the new ERP program authorized under Section 373.4145, F.A.C., that are applicable in the Panhandle. The amendments to Rule 62-341.021, F.A.C., provide that applicable definitions under Chapters 62-330 and 62-346, F.A.C., will apply to the noticed general permits in Chapter 62-341, F.A.C. The amendments to Rule 62-341.201, F.A.C., provide that the procedures for reviewing notices to ...
Purpose:
Chapter 62-341, F.A.C., currently establishes 35 noticed general permits under the environmental resource permit (ERP) program authorized by Part IV of Chapter 373, F.S., within the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts. The chapter is proposed to be amended to make available certain noticed general permits within the geographical area of the Northwest Florida Water Management District (NWFWMD), generally referred to as the “Panhandle,” ...
Rulemaking Authority:
373.026(7), 373.043, 373.118, 373.406(5), 373.4145, 373.418, 373.06(9)(b), 403.061, 403.0877, 403.805, 403.815 FS.
Law:
120.54(5)(a), 120.60(2), 120.60(6), 161.041, 161.055, 253.03, 253.77, 258.42, 258.43, 373.026(7), 373.043, 373.109, 373.118, 373.129, 373.136, 373.403, 373.406(5), 373.409, 373.413, 373.414, 373.4141, 373.4145, 373.416, 373.418, 373.419, 373.421, 373.422, 373.423, 373.426, 373.427, 373.4275, 373.428, 373.429, 380.06(9)(b), 403.031, 403.061, 403.062, 403.803, 403.812, 403.813, 403.815, 403.816, 403.927, 403.9328 FS.
Contact:
Alice Heathcock, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, MS 2500, Tallahassee, Florida 32399-2400; telephone (850)245-8483; e-mail: Alice.Heathcock@dep.state.fl.us; or facsimile (850)245-8499
Related Rules: (11)
62-341.021. Definitions
62-341.201. Policy and Purpose
62-341.215. General Conditions for All Noticed General Permits
62-341.443. General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation
62-341.447. General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements
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