The Department proposes to correct citations and references in Chapter 62-348, F.A.C., “Permitting and Alternative Mitigation for the Mining of High-quality Peat,” resulting from the adoption of the Statewide Environmental Resource Permitting rule ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-348.100Purpose and Applicability

62-348.300Application Requirements

62-348.500Conditions for Issuance

62-348.600Wetland Mitigation Design and Technical Criteria

62-348.700Transfer of Permit

PURPOSE AND EFFECT: The Department proposes to correct citations and references in Chapter 62-348, F.A.C., “Permitting and Alternative Mitigation for the Mining of High-quality Peat,” resulting from the adoption of the Statewide Environmental Resource Permitting rule Chapter 62-330, F.A.C., effective October 1, 2013, and repeal of rules in Chapter 62-312, F.A.C., effective February 16, 2012.

SUMMARY: Update and correct rule citations and references in Chapter 62-348, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic review revealed no added costs to the regulated community as the proposed amendments do not change any requirements of the rule and are, instead, minor updates to repealed rule citations, including a deletion to references to obsolete applications forms for an environmental resource permit.

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.

RULEMAKING AUTHORITY: 373.026(7), 373.043, 373.4131, 373.414, 373.418, 373.421, 403.0877, 403.805(1) FS.

LAW IMPLEMENTED: 373.026(7), 373.042, 373.109, 373.413, 373.4131, 373.414, 373.4141, 373.4142, 373.416, 373.421, 373.426 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Howard J. Hayes, Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3577, Tallahassee, FL 32399-2400, [phone], [e-mail] (OGC NO. 14-0015)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-348.100 Purpose and Applicability.

(1) Applicants who intend to mine high-quality peat may elect to use the provisions of this chapter. In accordance with Section 373.414(6)(e), F.S., this chapter provides additional permitting and alternative wetland mitigation requirements for processing wetland resource permits and environmental resource permits, in accordance with Part IV of Chapter 373, F.S., for the extraction of high-quality peat from certain herbaceous freshwater wetlands for use in the state’s horticultural industry. The requirements of this chapter are in addition to and not in lieu of the requirements of Chapters 62-312 and 62-345, F.A.C., for wetland resource permits and Chapters 62-330 and 62-345, F.A.C., for environmental resource permits, with the exception of the alternative wetland mitigation requirements for the extraction of high-quality peat.

(2) No change.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.414, 373.4145 FS. Law Implemented 373.413, 373.4131, 373.414, 373.4145, 373.416, 373.421, 373.426 FS. History–New 8-18-10, Amended__________.

 

62-348.300 Application Requirements.

Applicants using this rule shall submit Form 62-330.060(1), “Joint Application for Individual and Conceptual Environmental Resource Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill Permit,” for an environmental resource permit, which is incorporated by reference in subsection 62-330.060(1), F.A.C. (http://www.flrules.org/Gateway/reference.asp?No=Ref-03189). A copy of Form 62-330.060(1) may be obtained from the Department’s internet site http://www.dep.state.fl.us/water/wetlands/erp/forms.htm, or by contacting the appropriate office identified in Appendix A of the Environmental Resource Permit Applicant’s Handbook Volume 1 available at http://www.dep.state.fl.us/water/rulesprog.htm#erp. 900(1) for an environmental resource permit, or within the geographical jurisdiction of the Northwest Florida Water Management District Form 62-312.900(1) for a wetland resource permit and Form 62-346.900(1) for an environmental resource permit.  In addition, applicants shall submit the following plans and reports for the high-quality peat extraction area that will be subject to the wetland mitigation provisions of this chapter:

(1) through (9) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.414, 373.4145, 373.421, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.4131, 373.414, 373.4141, 373.416, 373.426 FS. History–New 8-18-10, Amended__________.

 

62-348.500 Conditions for Issuance.

To obtain a permit under this chapter, an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal or abandonment of a surface water management system will meet all of the following requirements:

(1) Will meet the requirements of Chapters 62-312 and 62-345, F.A.C., for wetland resource permits, or Chapters 62-330 and 62-345, F.A.C., for environmental resource permits, except for wetland mitigation requirements for high-quality peat extraction areas. Chapter 62-348, F.A.C., specifies alternative wetland mitigation requirements for high-quality peat extraction areas;

(2) through (7) No change.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 373.421, 403.805(1) FS. Law Implemented 373.042, 373.409, 373.413, 373.4131, 373.4142, 373.4145, 373.416, 373.426 FS. History–New 8-18-10, Amended__________.

 

62-348.600 Wetland Mitigation Design and Technical Criteria.

The alternative wetland mitigation criteria for areas qualified for the provisions of this chapter shall meet all of the following requirements:

(1) No change.

(2) Within extraction areas qualified for the provisions of this chapter, the applicant may reclaim up to 30 percent of the pre-mining wetlands as open water, which shall be considered appropriate and sufficient mitigation for the adverse impacts to the wetlands. If the applicant chooses to reclaim more than 30 percent of the pre-mining wetlands as open water, the applicant must propose wetland mitigation to address adverse impacts of the additional open water beyond the 30 percent. Regardless of the amount of mitigation proposed, the amount of open water within the extraction area shall not exceed 60 percent of the pre-mining wetlands. The wetland mitigation for open waters beyond 30 percent, shall meet the requirements of Chapters 62-312 and 62-345, F.A.C., for wetland resource permits, and Chapters 62-330 and 62-345, F.A.C., for environmental resource permits, except for Rule 62-345.600, F.A.C.

(3) Wetland mitigation areas constructed within and contiguous to the extraction area, exclusive of the allowable open water, shall meet all of the following standards:

(a) The requirements of Chapters 62-312 and 62-345, F.A.C., for wetland resource permits and Chapters 62-330 and 62-345, F.A.C., for environmental resource permits.

(b) through (e) No change.

(4) through (5) No change.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.414, 373.4145, 373.418, 373.421, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.4131, 373.414, 373.4141, 373.416, 373.426 FS. History–New 8-18-10, Amended__________.

 

62-348.700 Transfer of Permit.

In addition to the requirements for transfer in Chapter 62-312, F.A.C., for wetland resource permits, or Chapter 62-330, F.A.C., for environmental resource permits, the application for transfer of a permit under this chapter shall include the following:

(1) through (2) No change.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.414, 373.4145, 373.418, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.4131, 373.414, 373.4141, 373.416, 373.426 FS. History–New 8-18-10, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson, Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 10, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 30, 2014