This rulemaking is part of a package of rule amendments to revise and update the District’s permit application noticing and agency action noticing procedures. The purpose of amendments proposed for Rules 40D-40.040 and 40D-40.112, F.A.C., is to ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-40.040: General Environmental Resource Permits
40D-40.112: Content of Application for General Permits
PURPOSE AND EFFECT: This rulemaking is part of a package of rule amendments to revise and update the District’s permit application noticing and agency action noticing procedures. The purpose of amendments proposed for Rules 40D-40.040 and 40D-40.112, F.A.C., is to describe more accurately the procedures that are in use for reviewing Environmental Resource Permit (ERP) applications. The effect will be to reference Rule 40D-1.603, F.A.C., as being applicable in the review of general ERP applications seeking a proprietary authorization for activities located on sovereignty submerged lands and to correctly list who is invited to comment on general ERP applications involving wetlands or other surface waters.
SUMMARY: District rules for permit application noticing and agency action noticing have remained largely unchanged since their inception in the 1980’s. The District is proposing amendments to Chapters 40D-1, 40D-2, 40D-4 and 40D-40, F.A.C., to revise and update the District’s noticing procedures. Rule 40D-40.040, F.A.C., is amended to add Rule 40D-1.603, F.A.C., to the list of rules applicable to the review of general ERP applications involving a proprietary authorization for activities located on sovereignty submerged lands. Rule 40D-40.112, F.A.C., is revised to list correctly the agencies that the District provides notice to and requests comments from when reviewing a general ERP application involving activities located in, on, or over wetlands or other surface waters.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.421(2) FS.
LAW IMPLEMENTED: 373.413, 373.414, 373.416, 373.419, 373.427 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-40.040 General Environmental Resource Permits.

(1) through (3) No change.

(4) An activity which requires both a general environmental resource permit or a permit under subsections 373.414(11)-(16), F.S., and a proprietary authorization under Chapter 253 or 258, F.S., shall be subject to the requirements and procedures in Section 373.427, F.S., Chapters 18-20 and 18-21, F.A.C., and Rules 62-312.065, and 62-343.075, and 40D-1.603, F.A.C.

Specific Authority 373.044, 373.113, 373.118, 373.421(2) FS. Law Implemented 373.413, 373.414, 373.416, 373.419, 373.427 FS. History–New 10-3-95, Amended 7-23-96, 10-16-96, 7-2-98, 9-26-02,________.

 

40D-40.112 Content of Application for General Permits.

(1) through (4) No change.

(5) If the application involves activities located in, on, or over wetlands or other surface waters, as delineated by the methodology authorized in subsection 373.421(1), F.S., the District shall forward a copy of notice of the application to and request comments from:

(a) The Florida Fish and Wildlife Conservation Commission; and

(b) The Florida Department of State, Division of Historical Resources;

(c) Any person who has requested a copy of the specific application that is under review; and

(d) The Department of Environmental Protection, if the proposed activities have a potential to impact marine listed species.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96, 10-16-96, 9-26-02, 2-19-04,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 29, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 14, 2008