The District proposes amendments to incorporate by reference the forms relating to noticed general Environmental Resource Permits (ERPs) into the ERP rules instead of into Rule 40D-1.659, F.A.C. The amendments are part of an overall rulemaking ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-400.491: Noticed General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone
40D-400.500: General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems
PURPOSE AND EFFECT: The District proposes amendments to incorporate by reference the forms relating to noticed general Environmental Resource Permits (ERPs) into the ERP rules instead of into Rule 40D-1.659, F.A.C. The amendments are part of an overall rulemaking effort to incorporate District forms into the particular rule applicable to each individual form. The effect is to make District rules identifying forms available for public use consistent with requirements for incorporating materials by reference. Forms will also be re-numbered and revised to contain the specific citation to the rule in which the form will now be incorporated.
SUMMARY: Currently, all District forms are incorporated by reference into Rule 40D-1.659, F.A.C. In response to comments from the Joint Administrative Procedures Committee, amendments are proposed to incorporate District forms and other materials into the specific rule which addresses the particular form or material. Rule 40D-400.491, F.A.C. is amended to cite paragraph 40D-4.351(2)(a), F.A.C., as the rule adopting by reference the Statement of Completion form. Rule 40D-400.500, F.A.C., is amended to incorporate by reference the form and instructions for applying for a noticed general permit for a minor silvicultural surface water management system.
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 FS.
LAW IMPLEMENTED: 373.413, 373.414, 373.416, 373.419 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: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], ext. 4660

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-400.491 Noticed General Permit for Raising the Height of Exiting Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone.

A general permit is hereby granted to increase the height of an existing earthen embankment used for the impoundment of water at sand and limestone mining facilities, provided:

(1) through (6) No change.

(7) Within 30 days after completion of construction of the permitted activity, the permittee submits a written notice of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, to the permitting agency, in accordance with the Statement of Completion and Request for Transfer to Operation Entity form as adopted by reference in paragraph 40D-4.351(2)(a) Rule 40D-1.659, F.A.C.

Rulemaking Specific Authority 373.044, 373.118, 373.414 FS. Law Implemented 373.413, 373.419 FS. History–New 1-24-02, Amended________.

 

40D-400.500 General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems.

(1) through (2) No change.

(3) The Application shall include the information contained in the Application Procedure for a Noticed General Permit for a Minor Silvicultural Surface Water Management System and Notice of Intent to Construct a Minor Silvicultural Surface Water Management System Pursuant to Rule 40D-400.500, F.A.C., Form 547.27/NOI (4/09), which document is incorporated herein by reference and can be obtained from the District’s website at www.watermatters.org. or from District offices appropriate District form identified in Chapter 40D-1, F.A.C.

(4) No change.

(5) In order to qualify for this general permit, the systems identified in subsection (4) of this section must meet the following performance standards:

(a) through (g) No change.

(h) In addition to the performance standards set forth in paragraphs (a)-(g) above, the applicant, in undertaking the activities authorized herein, must utilize the best management practices set forth in the “Silviculture Best Management Practices Manual” (2008) (2003) published by the Division of Forestry, Florida Department of Agriculture and Consumer Services, which is incorporated herein by reference and can be obtained from the Division of Forestry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650.

(i) No change.

(6) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Amended 5-4-05,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 8, 2009