The purpose of the proposed amendments is to clarify when noticed general Environmental Resource Permits (ERPs) can be issued to state and local government agencies for minor activities associated with road bridges and for minor activities conducted ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-400.443: General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation
40D-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 of the proposed amendments is to clarify when noticed general Environmental Resource Permits (ERPs) can be issued to state and local government agencies for minor activities associated with road bridges and for minor activities conducted within existing roadway rights-of-way or easements. The amendments make the rules more consistent with similar rules adopted by the Florida Department of Environmental Protection and other water management districts.
SUMMARY: Amendments are proposed to clarify what activities involving replacement, modification or maintenance of roadway bridges are appropriate for a noticed general permit. Rule 40D-400.443, F.A.C., is amended to provide that bridge replacements or modifications that involve changes in the configuration of the bridge or fill areas due to changes in materials, construction techniques or upgrades to meet current construction codes or safety standards will be authorized as noticed general permits. Rule 40D-400.447, F.A.C., amendments clarify that, for projects involving the extension of culverted crossings to accommodate roadway widening, the area from which material is excavated or to which material is deposited shall not exceed a total of 0.25 acre at any one 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 FS.
LAW IMPLEMENTED: 373.413, 373.416, 373.426 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], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-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 acre.

(b) No change.

(2)(a) through (c) No change.

(d) all fill placed in wetlands other than fill all on which a bridge or approach described in paragraph (1)(a) is constructed, shall be regraded to the original wetland elevations and these filled wetland areas revegetated with native wetland species endemic to adjoining, undisturbed wetlands, within seven days of completion of construction. Within “Clear Zones” as described in Chapter Three, Roadside Design Manual, American Association of State Highway and Transportation Officials, dated October 1988, revegetation shall be with native herbaceous species endemic to adjoining undisturbed wetlands. These wetland areas shall be maintained and planted as necessary, to ensure that satisfactory revegetation occurs. For the purposes of this general permit, “satisfactory revegetation” means that the herbaceous wetlands, and forested wetlands within clear zones that are disturbed by fill shall have achieved not less than 33 percent cover of planted or naturally reestablished herbaceous wetland species within 18 months of completion of construction, and the forested wetlands other than the forested wetlands in clear zones that are disturbed by fill shall achieve a survival rate of not less than 400 wetland trees per acre within 18 months of completion of construction, and a maintenance plan must be developed and implemented to ensure the survival of the planted or naturally reestablishing wetland species. Within the revegetated wetland areas, non-native vegetation must be controlled such that it does not constitute more than 10 percent of the area cover in any stratum at any time for the five-year period following the initial planting or restoration of the site;

(e) through (k) No change.

(l) this general permit authorized 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 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 for purposes of 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 40D-4 or 40D-40, or 40D-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 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 2-19-04,_________.

 

40D-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 (f) No change.

(2) through (3) No change.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A, Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 27, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 29, 2007