To revise the Operating Agreement Concerning the Regulation Under Part IV, F.S., and Aquaculture General Permits under Section 403.814, F.S., between the South Florida Water Management District and Department of Environmental Protection, which is ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-4.091: Publications, Rules and Interagency Agreements Incorporated by Reference
PURPOSE AND EFFECT: To revise the Operating Agreement Concerning the Regulation Under Part IV, F.S., and Aquaculture General Permits under Section 403.814, F.S., between the South Florida Water Management District and Department of Environmental Protection, which is incorporated by reference. The revisions to the operating agreement include: 1) clarifying which mining projects are retained by DEP; 2) providing that the District will review boat docks associated with residential developments also reviewed by the District, even if the upland development qualified for a no-notice general permit; 3) providing that the District can review utility lines which are contained within projects under the District's review; 4) eliminating aquaculture from the agreement, which is now reviewed by the Florida Department of Agriculture and Consumer Services; 5) providing a process for review or transfer of incorrectly submitted applications 6) clarifying which mitigation banks DEP will review 7) clarifying which applications DEP will review with relation to the mean high water line fronting the Gulf of Mexico and where a CCCL line has not been established.
SUBJECT AREA TO BE ADDRESSED: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., and Aquaculture General Permits under Section 403.814, F.S., between the South Florida Water Management District and Department of Environmental Protection.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171, 373.413 FS.
LAW IMPLEMENTED: 373.413, 373.4135, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426 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.
Although Governing Board meetings, hearings and workshops are normally recorded, affected persons are advised that it may be necessary for them to ensure that a verbatim record of the proceeding is made, including the testimony and evidence upon which any appeal is to be based. Persons with disabilities or handicaps who need assistance may contact the South Florida Water Management District Clerk’s Office, at [phone] at least two business days in advance to make appropriate arrangements.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anita Bain, Division Director, Natural Resource Management Division, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416 4680, telephone [phone], extension 6866 or [phone] (email: [e-mail]), or for procedural issues, Jan Sluth, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, extension 6299, or [phone] (email: [e-mail]). Information regarding this rulemaking effort is also located on the District's website at: my.sfwmd.gov/permitting in the right hand column in the link entitled rule development.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40E-4.091 Publications, Rules and Interagency Agreements Incorporated by Reference.

(1) (a) through (b) No change.

(c) Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., and Aquaculture General Permits under Section 403.814, F.S., between South Florida Water Management District and Department of Environmental Protection, effective ________ December, 1998.

Specific Authority 373.044, 373.113, 373.171, 373.413, FS. Law Implemented 373.413, 373.4135, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(1), Amended 5-1-86, 7-1-86, 3-24-87, 4-14-87, 4-21-88, 11-21-89, 11-15-92, 1-23-94, 4-20-94, 10-3-95, 1-7-97, 12-3-98, 5-28-00, 8-16-00, 1-17-01, 7-19-01, 6-26-02, 6-26-02, 4-6-03, 4-14-03, 9-16-03, 12-7-04, 2-12-06, ________.

 

THE DRAFT TEXT OF THE PROPOSED OPERATING AGREEMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE AND IS LOCATED ON THE DISTRICT’S WEBSITE AT THE ADDRESS LISTED ABOVE.