Section 404 of the Clean Water Act (404) provides states the option of assuming administration of the federal dredge and fill permit program in certain waters. By obtaining 404 assumption, Florida will be able to provide a streamlined permitting ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Water Resource Management

RULE NOS.:RULE TITLES:

62-331.010Intent, Purpose, and Implementation

62-331.020Regulated Activities

62-331.030Definitions

62-331.040Procedures for Review and Agency Action on Exemption Requests

62-331.050Individual Permits

62-331.051Application for an Individual Permit

62-331.052Processing of Individual Permit Applications

62-331.053Additional Conditions for Issuance of State 404 Program Individual Permits

62-331.054General Conditions for State 404 Program Individual Permits

62-331.060Public Notice

62-331.070Water Quality and Coastal Zone Consistency Review

62-331.080Modification, Suspension, or Revocation of Permits

62-331.090Duration of Permits

62-331.100Transfer of Permit Upon Change in Ownership or Control

62-331.110Emergency Authorizations

62-331.120Fees

62-331.130Mitigation

62-331.140Mitigation Banks

62-331.150Compliance

62-331.160Use of Formal Determinations

62-331.200Policy and Purpose of General Permits

62-331.201Conditions for State 404 Program General Permits

62-331.210General Permit for Maintenance or Removal

62-331.211Fish and Wildlife Harvesting, Enhancement, and Attraction Devices

62-331.212Scientific Measurement Devices

62-331.213Survey Activities

62-331.214Outfall and Intake Structures

62-331.215Utility Line Activities

62-331.216Bank Stabilization

62-331.217Linear Transportation Projects

62-331.218Return Water from Upland Contained Disposal Areas

62-331.219Hydropower Projects

62-331.220Minor Activities

62-331.221Response Operations for Oil or Hazardous Substances

62-331.222Removal of Vessels

62-331.223Structural Activities

62-331.224Aquatic Habitat Restoration, Enhancement, and Creation Activities

62-331.225Residential Developments

62-331.226Moist Soil Management for Wildlife

62-331.227Maintenance of Existing Flood Control Facilities

62-331.228Temporary Construction, Access, and Dewatering

62-331.229Boat Ramps

62-331.230Emergency Watershed Protection and Rehabilitation

62-331.231Cleanup of Hazardous and Toxic Waste

62-331.232Commercial and Institutional Developments

62-331.233Agricultural Activities

62-331.234Reshaping Existing Drainage Ditches

62-331.235Recreational Facilities

62-331.236Stormwater Management Facilities

62-331.237Mining Activities

62-331.238Repair of Uplands Damaged by Discreet Events

62-331.239Activities in Ditches

62-331.240Commercial Shellfish Aquaculture Activities

62-331.241Land-Based Renewable Energy Generation Facilities

62-331.242Water-Based Renewable Energy Generation Pilot Projects

PURPOSE AND EFFECT: Section 404 of the Clean Water Act (404) provides states the option of assuming administration of the federal dredge and fill permit program in certain waters. By obtaining 404 assumption, Florida will be able to provide a streamlined permitting procedure where an applicant will come to the state to obtain both the Environmental Resource Permitting and 404 authorizations. This will avoid duplication, provide greater certainty to the regulated community, conserve resources, and will afford the state greater control over its natural resources while complying with federal law.

SUBJECT AREA TO BE ADDRESSED: Per Section 373.4146, Florida Statutes (F.S.), the Department has the authority to pursue 404 assumption and create rules to implement the program.

RULEMAKING AUTHORITY (formerly “Specific Authority”): 373.026, 373.043, 373.118, 373.4131, 373.4135, 373.414, 373, 4145, 373.4146, 403.805, FS.

LAW IMPLEMENTED: 373.118, 373.413, 373.4131, 373.4132, 373.4135, 373.4136, 373.414, 373.4141, 373.4142, 373.4145, 373.4146, 373.416, 373.418, 373.423, 373.426, 373.428, 373.429, 704.06, FS.

RULE DEVELOPMENT WORKSHOPS WILL BE HELD AT THE DATES, TIMES AND PLACES SHOWN BELOW:

DATE AND TIME: May 30, 2018, beginning at 8:30 am.

PLACE: Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399

A live webinar is also available for the Tallahassee Workshop; webinar participants may register at https://attendee.gotowebinar.com/register/8324935087855682563.

DATE AND TIME: May 31, 2018, 8:30 a.m.

PLACE:  Department of Environmental Protection, Central District Office, 3319 Maguire Boulevard, Orlando, Florida 32803.

 

DATE AND TIME: June 1, 2018, 8:30 a.m.

PLACE: Department of Environmental Protection, South District Office, 2295 Victoria Avenue Suite 364, Fort Myers, Florida 33901.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting/ by contacting: Jessica Melkun, 2600 Blair Stone Road, Tallahassee, Mail Station 3500, Florida 32399, [phone], [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jessica Melkun, 2600 Blair Stone Road, Tallahassee, Mail Station 3500, Florida 32399, [phone], [e-mail]. The draft rule is also available on the Department’s website at: https://floridadep.gov/water/water/content/water-resource-management-rules-development

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.