Purpose and Implementation, No-fee Noticed Exemptions for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems, Conditions for Issuance of Individual and Conceptual Approval ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:

62-330.010   Purpose and Implementation

62-330.0511 No-fee Noticed Exemptions for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems

62-330.301   Conditions for Issuance of Individual and Conceptual Approval Permits

62-330.311 Inspections and Reporting

62-330.350   General Conditions for Individual Permits

62-330.417   General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 23, February 2, 2018 issue of the Florida Administrative Register.

 

62-330.010 Purpose and Implementation.

(1) through (3) No change.

(4) This chapter is used in conjunction with an Applicant’s Handbook, in two volumes, as follows:

(a) Applicant’s Handbook Volume I, “General and Environmental” (hereinafter “Volume I”), applies statewide to all activities regulated under Chapter 62-330, F.A.C. It includes explanations, procedures, guidance, standards, and criteria on what is regulated by this chapter, the types of permits available, how to submit an application or notice for a regulated activity to the Agencies, how applications and notices are reviewed, the standards and criteria for issuance, and permit duration and modification. Volume I, including Appendices G, H, and I only, is incorporated by reference herein, (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03174 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03175).

(b) An Applicant’s Handbook Volume II (hereinafter “Volume II”), has been adopted for use within each District. Each District’s Volume II is incorporated by reference herein and in the rules listed below, which also are incorporated by reference herein. These rules and Handbook Volumes are available as provided in subsection (5), below.

1. No change.

2. Suwannee River Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, (August 2013) (October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03182), and in subsection 40B-400.091(2)(3), F.A.C., (October 14, 2013) [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02523).

3. No change.

4. Southwest Florida Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, (October 1, 2013) (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03176), and in Rule 40D-4.091, F.A.C., (October 1, 2013) (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02527).

5. South Florida Water Management District, Applicant’s Handbook Volume II, including Appendices A through D, is incorporated by reference herein, (October 1, 2013) (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02528) and in paragraph 40E-4.091(1)(a), F.A.C., (May 22, 2016)  (https://www.flrules.org/Gateway/reference.asp?No=Ref-02529).

A copy of the incorporated material identified above may be obtained from the Agency Internet site, https://floridadep.gov/water/water/content/water-resource-management-rules#ERP, or as described in subsection 62-330.010(5), F.A.C.

(5) through (6) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.418, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.4131, 373.414(9), 373.4141, 373.4142, 373.4145, 373.416, 373.423, 373.426, 373.428, 373.429, 373.441 FS. History–New 10-1-13, Amended 6-1-18.

 

62-330.0511 No-fee Noticed Exemptions for Construction, Operation, Maintenance, Alteration, Abandonment, or Removal of Minor Silvicultural Surface Water Management Systems.

(1) No change.

(2) The construction, operation, maintenance, alteration, abandonment, or removal of the minor silvicultural surface water management system described below shall be initiated only after a completed “Notice of Intent to Construct a Minor Silvicultural System,” Form 62-330.0511(1), (October 1, 2013) (November 16, 2016), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02510), is received by the Agency, or is properly addressed and stamped and deposited in the United States mail, in which case the postmark date shall be the date of receipt. Persons may also submit annual schedules of proposed silvicultural surface water management systems that meet the requirements of this section, including completed notices for each activity. A copy of the above form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(3) through (5) No change.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406(2), 373.4131, 373.4145, 373.415, 403.813(1) FS. History–New 10-1-13, Amended 6-1-18.

 

62-330.301 Conditions for Issuance of Individual and Conceptual Approval Permits.

(1) through (4) No change.

(5) Forms for demonstrating that an applicant has met the financial responsibility requirements of sections 10.3.7 through 10.3.7.9 of Volume I shall be in substantial conformance with the forms incorporated by reference below, a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(a) through (e) No change.

(f) Form 62-330.301(6), “Guarantee Bond to Demonstrate Financial Assurance for Mitigation,” (October 1, 2013) (November 16, 2016) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02488).

(6) Forms for recording of a conservation easement in the public records in favor of the Agency shall be in substantial conformance with the forms incorporated by reference below, a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. The use of these forms shall constitute consistency with Section 704.06, F.S. Where the applicant demonstrates that project specific conditions necessitate deviation from language of the accepted forms, alternative language shall be accepted provided that the intent of Section 704.06, F.S., and section 10.3.8 of Volume I continue to be met:

(a) through (g) No Change.

(h) Form 62-330.301(15), “Declaration of Restrictive Covenants‒Insert,” (October 1, 2013) (November 16, 2016) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02496).

(i) Form 62-330.301(16), “Temporary Easement for Construction Access,” (October 1, 2013) (November 16, 2016)(http://www.flrules.org/Gateway/reference.asp?No=Ref-02497).

(j) Form 62-330.301(17), “Permanent Access Easement,” (October 1, 2013) (November 16, 2016) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02498).

(k) through (q) No change.

(7) No change.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.042, 373.409, 373.413, 373.4131, 373.4132, 373.4142, 373.4145, 373.416, 373.426, 373.429, 704.06 FS. History–New 10-1-13, Amended 6-1-18.

 

62-330.311 Inspections and Reporting.

(1) No change.

(2) Within 30 days of any failure of a stormwater management system or deviation from the permit, a report shall be submitted to the Agency using Form 62-330.311(1), “Operation and Maintenance Inspection Certification,” (October 1, 2013) (November 16, 2016) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02502), incorporated by reference herein, describing the remedial actions taken to resolve the failure or deviation.

(3) The operation and maintenance entity of a regional stormwater management facility must notify the Agency on an annual basis, using Form 62-330.311(2), “Regional Stormwater Management System Annual Report,” (November 16, 2016) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02503), incorporated by reference herein (October 1, 2013), of all new systems and their associated stormwater volumes that have been allowed to discharge stormwater into the regional facility, and must confirm that the maximum allowable treatment volume of stormwater authorized to be accepted by the regional facility has not been exceeded.

(4) through (5) No Change.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.416, 373.418, 403.805(1) FS. Law Implemented 373.118, 373.4131, 373.4141, 373.423, 668.003, 668.004, 668.50 FS. History–New 10-1-13, Amended 6-1-18.

 

62-330.350 General Conditions for Individual Permits.

(1) The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions.

(a) through (c) No change.

(d) At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” (October 1, 2013) (November 16, 2016) , (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by reference herein, indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., and shall be submitted electronically or by mail to the Agency. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required.

(e) through (r) No change.

(2) No change.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.116, 373.117, 373.409, 373.413, 373.4131, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.422, 373.423, 373.426, 373.428, 403.0877 FS. History‒New 10-1-13, Amended 6-1-18.

 

62-330.417 General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities.

(1) through (4) No change.

(5) Commercial or governmental entities proposing to construct a boat ramp under paragraph (1)(c) or (d), above, shall record a fully executed binding agreement in the official records of the county in which the boat ramp is located. Commercial entities shall execute and record the “Agreement to Maintain Public Access,” incorporated herein as Form 62-330.417(1), (October 1, 2013) (November 16, 2016) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02508) ensuring the facility will remain open to the general public for the life of the facility. Governmental entities shall execute and record the “Agreement to Maintain Public Access and Operate Stormwater System,”  incorporated herein as Form 62-330.417(2), (October 1, 2013) (November 16, 2016) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02509) ensuring the facility will remain open to the general public for the life of the facility and to ensure that the stormwater management system associated with the boat ramp will be operated and maintained for the life of the system. Copies of incorporated materials may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), (5), 373.406(5), 373.413, 373.4131, 373.414(1), (9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Amended 12-9-09, Formerly 62-341.417, Amended 10-1-13, 6-1-18.

 

Technical and substantive changes were also made to the Applicant’s Handbook Volume I.

Hyperlinks linked to non-DOS websites were removed.

Incorrect hyperlinks were corrected.

Incorrect effective dates were corrected.

An improper limitation for agricultural exemptions was removed.

 

Changes were also made to Appendix I

In subsection 3.b. the word may was changed to shall to eliminate agency discretion in requiring the permittee take necessary steps to provide reasonable assurance that the project will meet the conditions and additional conditions of issuance in rule 62-330.301 and 302, F.A.C.

In subsection 3.d. the word may was changed to shall to eliminate agency discretion in requiring the permittee provide reasonable that the project will meet the conditions of issuance of an individual ERP in rule 62-330.301, F.A.C.