The purpose and effect of the proposed rule amendment will be to allow the submission of electronic applications and supporting material for permits, water quality certification, Coastal Zone Consistency Concurrence, to Request Verification of ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-346.070: Procedures to Prepare Applications and Notices for Permits, Water Quality Certification, Coastal Zone Consistency Concurrence, and to Request Verification of Qualification for an Exemption.
62-346.080: Submittal of Applications and Notices for Permits and Petitions for Formal Determinations to Department and NWFWMD Offices.

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to allow the submission of electronic applications and supporting material for permits, water quality certification, Coastal Zone Consistency Concurrence, to Request Verification of Qualification for an Exemption, and Permits and Petitions for Formal Determinations to Department and NWFWMD Offices.

SUBJECT AREA TO BE ADDRESSED: The Department of Environmental Protection is undertaking an effort to reduce the amount of paper that is used and filed for official business. As part of that effort, the Department is amending its permitting rules to allow the submission of electronic permit applications.

RULEMAKING AUTHORITY: 373.026, 373.026(7), 373.043, 373.044, 373.118, 373.4145, 373.418, 403.0877, 403.805(1) FS.

LAW IMPLEMENTED: 373.026, 373.026(7), 373.109, 373.117, 373.118, 373.413, 373.4141, 373.4145, 373.416, 373.426, 373.428, 403.0877 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Mary VanTassel, Florida Department of Environmental Protection, Bureau of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, MS 2500, Tallahassee, Florida 32399-2400, telephone [phone], e-mail: Mary.VanTassel@dep. state.fl.us or facsimile [phone]. (OGC No. 12-1447)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

62-346.070 Procedures to Prepare Applications and Notices for Permits, Water Quality Certification, Costal Zone Consistency Concurrence, and to Request Verification of Qualification for an Exemption.

(1) No change.

(2)(a)1. Applications to the Department for individual permits must contain one original of the completed application with original signatures on Section A; location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; plans and drawings, calculations, environmental information, and other details requested in the application that depict and describe the design, nature, scope, limits, intent, and functioning of the proposed activities; one paper copy of all the above; and the fee as required by Rule 62-346.071, F.A.C.

2. No change.

(b)1. The notice to the Department must contain one original of the completed notice with original signatures; one copy of the completed notice; location map(s) of sufficient detail to allow someone who is unfamiliar with the site to travel to and locate the specific site of the activity; two sets of plans and drawings, calculations, environmental information, and other details required in the noticed general permit that depict and describe the design, nature, scope, limits, intent, and functioning of the proposed activities; and the notice fee required by Rule 62-346.071, F.A.C.

2. No change.

(c) No change.

(3) through (9) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.0877, 403.805(1) FS. Law Implemented 373.026(7), 373.109, 373.117, 373.118, 373.413, 373.4141, 373.4145, 373.416, 373.426, 373.428, 403.0877 FS. History–New 10-1-07, Amended 11-1-10,_________.

62-346.080 Submittal of Applications and Notices for Permits and Petitions for Formal Determinations to Department and NWFWMD Offices.

(1) Petitions for formal determinations of the landward extent of wetlands and other surface waters shall be submitted as specified in Rule 62-330.201, F.A.C. Rule 62-343.040, F.A.C.

(2) All applications and notices for environmental resource permits, variances, and other authorizations required under this chapter that are the responsibility of the Department under the Operating Agreement, except for activities as specified in paragraphs (a) through (d) and subsection (5) below, shall be submitted to the district or branch office of the Department that has geographical jurisdiction over the location where the activity is to occur, as described in section 1.2 of Applicant’s Handbook Volume I. For purposes of this subsection, the term “Department” does not include the NWFWMD. At this time, the Department does not accept applications for permits submitted electronically, although such electronically-prepared applications may accompany the paper copies required in Rule 62-346.070, F.A.C. The following activities shall be submitted to the Department office specified below:

(3) through (5) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.0877, 403.805(1) FS. Law Implemented 373.026(7), 373.109, 373.117, 373.118, 373.413, 373.4141, 373.4145, 373.416, 373.426, 373.428, 403.0877 FS. History–New 10-1-07, Amended 11-1-10,_________.