As required by HB 197 (Chapter 2007-191, Laws of Florida), which created Section 373.414(6)(e), F.S., in 2007, the Department proposes to develop a new Chapter 62-348, F.A.C. This rule will provide the mitigation criteria for mining of peat in ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-348.100: Purpose.
PURPOSE AND EFFECT: As required by HB 197 (Chapter 2007-191, Laws of Florida), which created Section 373.414(6)(e), F.S., in 2007, the Department proposes to develop a new Chapter 62-348, F.A.C. This rule will provide the mitigation criteria for mining of peat in herbaceous and historically herbaceous wetlands for the horticultural industry. The rule will only be applicable to the mining of predominantly high quality peat that will be used by the horticultural industry in products that incorporate other renewable or recyclable materials to replace or reduce the use of natural peat. The rule will not be applicable where excavation will be in the underlying sand or rock, where mining is part of a larger plan of development, or if any portion involves an Outstanding Florida Water. The mitigation requirements will allow a percentage of the excavated wetlands to be replaced with open water under certain conditions. The proposed rules will not require design modification to reduce impacts to wetlands below a specific Uniform Mitigation Assessment Method value to be established, except as necessary to reduce or eliminate adverse impacts to water quality, offsite flooding, significant historic or archeological resources, or listed species or their habitats.
SUBJECT AREA TO BE ADDRESSED: Development of a new Chapter 62-348, F.A.C., to address wetland permitting and mitigation for peat mining for the horticultural industry, as required by HB 197, which created Section 373.414(6)(e), F.S., in 2007.
SPECIFIC AUTHORITY: 373.414, 373.4142, 373.459, 373.4595, 378.403, 378.503, 378.804, 403.265 FS.
LAW IMPLEMENTED: 373.414, 373.4142, 373.459, 373.4595, 378.403, 378.503, 378.804, 403.265 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Howard J. Hayes, Florida Department of Environmental Protection, Bureau of Mine Reclamation, 2051 East Paul Dirac Drive, Tallahassee, Florida 32316-3760; or e-mail [e-mail].
For information regarding mailings, schedules, and copies of notices contact Mary VanTassel at [phone] or e-mail: [e-mail].
Further information and updates on this proposed rule also may be obtained from the Department’s web site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC Tracking No. 07-1077)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.