The purpose and effect of this rulemaking is to move three forms incorporated in Rule 62-345.900, F.A.C., to Rule 62-345.300, F.A.C., the rule which first requires the use of the forms, and to repeal Rule 62-345.900, F.A.C. Rule 62-345.900 was ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:

62-345.300: Assessment Method Overview and Guidance

62-345.900: Forms

PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to move three forms incorporated in Rule 62-345.900, F.A.C., to Rule 62-345.300, F.A.C., the rule which first requires the use of the forms, and to repeal Rule 62-345.900, F.A.C. Rule 62-345.900, F.A.C.  was identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary. There are no changes to the forms and no other changes to this chapter.

SUMMARY: The three forms adopted in Chapter 62-345, F.A.C., Uniform Mitigation Assessment Method, will be moved from Rule 62-345.900, F.A.C., to Rule 62-345.300, F.A.C.

OTHER RULES INCORPORATING THIS RULE: None.

EFFECT ON THOSE OTHER RULES: None.

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: There are no changes to any part of the rule or the existing forms, other than to move the incorporation statements from Rule 62-345.900, F.A.C.  to Rule 62-345.300, F.A.C.

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, 373.414(9), 373.414(18) FS.

LAW IMPLEMENTED: 373.414(18) 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: John Humphreys, Florida Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 2500, Tallahassee, FL 32399-2400, telephone: [phone], e-mail: [e-mail] or facsimile: [phone]. (OGC NO. 15-1634)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62-345.300 Assessment Method Overview and Guidance.

(1) through (2) No change.

(3) The assessment method is designed to be used in any type of impact site or mitigation site in any geographic region of the state. The inherent flexibility required for such a method is accomplished in a multi-part approach that consists of the following processes:

(a) Conduct qualitative characterization of both the impact and mitigation assessment areas (Part I) that describes the assessment area, identifies its native community type and the functions to fish and wildlife and their habitat, using Form 62-345.300(1), Part I – Qualitative Description, incorporated by reference herein (2-2-04), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx or from the Agency as provided in subsection (6). The purpose of Part I is to provide a framework for comparison of the assessment area to the optimal condition and location of that native community type. Another purpose of this part is to note any relevant factors of the assessment area that are discovered by site inspectors, including use by listed species.

(b) Conduct quantitative assessment (Part II) of the impact and mitigation sites and use the numerical scores to compare the reduction of ecological value due to proposed impacts and the gain in ecological value due to proposed mitigation and to determine whether a sufficient amount of mitigation is proposed, using Form 62-345.300(2), Part II – Quantification of Assessment Area (impact or mitigation), incorporated by reference herein (2-2-04), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx or from the Agency as provided in subsection (6).

(c) through (d) No change.

(e) Determine tThe functional gain or loss for mitigation and impact assessment areas, respectively, is determined by applying the formulas in subsection 62-345.600(3), F.A.C., to ascertain the number of mitigation bank credits to be awarded and debited and the amount of mitigation needed to offset the impacts to wetlands and other surface waters, using Form 62-345.300(3), Mitigation Determination Formulas, incorporated by reference herein (9-12-07), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx or from the Agency as provided in subsection (6).

(4) through (5) No change.

(6) All forms incorporated in Rule 62-345.300, F.A.C., may also be obtained from the reviewing agency identified in Appendix A of the Environmental Resource Permit Applicant’s Handbook Volume I, which is incorporated by reference in paragraph 62-330.010(4)(a), F.A.C.

Rulemaking Specific Authority 373.026(7), 373.043, 373.414(9), 373.414(18) (18) FS. Law Implemented 373.414(18) FS. History–New 2-2-04, Amended 9-12-07,          .

 

62-345.900 Forms.

Rulemaking Specific Authority 373.026(7), 373.043, 373.414(9), 373.414(18) FS. Law Implemented 373.414(18) FS. History–New 2-2-04, Amended 9-12-07, Repealed         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Frederick L. Aschauer, Jr., Director, Division of Water Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 18, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 29, 2015