The Department proposes to create Chapter 62-331, F.A.C., to implement the State 404 Program by including requirements of federal law that are not already addressed in existing state regulations for dredge and fill permitting. The creation of this ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-331.010Intent, Purpose, and Implementation

62-331.020Regulated Activities

62-331.030Definitions

62-331.040Procedures for Review and Agency Action on Exemption Requests

62-331.050Individual Permits

62-331.051Application for an Individual Permit

62-331.052Processing of Individual Permit Applications

62-331.053Additional Conditions for Issuance of Individual Permits

62-331.054General Conditions for Individual Permits

62-331.060Public Notice

62-331.070Water Quality and Coastal Zone Consistency Review

62-331.080Modification, Suspension, or Revocation of Permits

62-331.090Duration of Permits

62-331.100Transfer of Permit Upon Change in Ownership or Control

62-331.110Emergency Field Authorizations

62-331.120Fees

62-331.130Compensatory Mitigation

62-331.140Mitigation Banks and In-Lieu Fee Programs

62-331.160Use of Formal Determinations

62-331.200Policy and Purpose of General Permits

62-331.201Conditions for General Permits

62-331.210General Permit for Maintenance or Removal

62-331.211General Permit for Fish and Wildlife Harvesting, Enhancement, and Attraction Devices

62-331.212General Permit for Scientific Measurement Devices

62-331.213General Permit for Survey Activities

62-331.214General Permit for Outfall and Intake Structures

62-331.215General Permit for Utility Line Activities

62-331.216General Permit for Bank Stabilization

62-331.217General Permit for Linear Transportation Projects

62-331.218General Permit for Return Water from Upland Contained Disposal Areas

62-331.219General Permit for Hydropower Projects

62-331.220General Permit for Minor Activities

62-331.221General Permit for Response Operations for Oil or Hazardous Substances

62-331.222General Permit for Removal of Vessels

62-331.223General Permit for Approved Categorical Exclusions

62-331.224General Permit for Structural Activities

62-331.225General Permit for Aquatic Habitat Restoration, Enhancement, and Creation Activities

62-331.226General Permit for Specific Reversion Activities

62-331.227General Permit for Residential Developments

62-331.228General Permit for Moist Soil Management for Wildlife

62-331.229General Permit for Maintenance of Existing Flood Control Facilities

62-331.230General Permit for Completed Federal Enforcement Actions

62-331.231General Permit for Temporary Construction, Access, and Dewatering

62-331.233General Permit for Boat Ramps

62-331.234General Permit for Emergency Watershed Protection and Rehabilitation

62-331.235General Permit for Cleanup of Hazardous and Toxic Waste

62-331.236General Permit for Commercial and Institutional Developments

62-331.237General Permit for Agricultural Activities

62-331.238General Permit for Reshaping Existing Drainage Ditches

62-331.239General Permit for Recreational Facilities

62-331.240General Permit for Stormwater Management Facilities

62-331.241General Permit for Mining Activities

62-331.242General Permit for Repair of Uplands Damaged by Discreet Events

62-331.243General Permit for Activities in Ditches

62-331.244General Permit for Commercial Shellfish Aquaculture Activities

62-331.245General Permit for Land-Based Renewable Energy Generation Facilities

62-331.246General Permit for Water-Based Renewable Energy Generation Pilot Projects

62-331.247General Permit for Removal of Low-Head Dams

62-331.248General Permit for Florida Department of Transportation and Florida’s Turnpike Enterprise

The Department of Environmental Protection announces a hearing to which all persons are invited.

DATE AND TIME: April 24, 2020, 9:00 a.m.; April 27, 2020, 9:00 a.m. Additionally, the comment period is extended until midnight on April 30, 2020.

PLACE: Telephone.

The COVID-19 response is a very dynamic situation. Due to these extenuating circumstances, and to allow maximum public participation, the Department is holding two additional public hearings, and extending the time to submit written comments on the proposed rules until midnight on April 30, 2020. Parties may attend the hearings by telephone by calling: 1(888)585-9008, and entering conference room number 427-093-427.

Parties who wish to submit pertinent evidence or materials prior to or following the hearings shall submit them, no later than midnight, April 30, 2020, as follows:  by email to [e-mail]; during the conference call by speaking; or by mail to FDEP, attn: Heather Mason, 2600 Blair Stone Rd, Mail Station 2500, Tallahassee, FL 32399.

GENERAL SUBJECT MATTER TO BE CONSIDERED: The Department proposes to create Chapter 62-331, F.A.C., to implement the State 404 Program by including requirements of federal law that are not already addressed in existing state regulations for dredge and fill permitting. The creation of this rule includes a State 404 Program Handbook as well as new forms to be incorporated by reference. The proposed rule creation also includes definitions, procedures for review and agency action on exemption requests, processes for Individual Permits, public notice requirements, procedures regarding mitigation banking, and procedures and descriptions for General Permits created to correspond to the federal Nationwide Permits as granted by the United States Army Corps of Engineers. This rule will have a delayed effective date. The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register. Copies of the proposed rules, agendas, and previously recorded webinars are available online at: https://floridadep.gov/water/water/content/water-resource-management-rules-development#erp.

A copy of the agenda may be obtained by contacting: Heather Mason, 2600 Blair Stone Road, Tallahassee, Mail Station 2500, Florida 32399, [phone], [e-mail]; or online at: https://floridadep.gov/water/water/content/water-resource-management-rules-development#erp.

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: Heather Mason, 2600 Blair Stone Road, Tallahassee, Mail Station 2500, Florida 32399, [phone], [e-mail]. 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).

For more information, you may contact: Heather Mason, 2600 Blair Stone Road, Tallahassee, Mail Station 2500, Florida 32399, [phone], [e-mail].