The Department proposes to amend most of the rules in Chapter 62-330, F.A.C., and Applicant’s Handbook Volume I, some sections in the Applicant’s Handbook Volume II within the Northwest Florida Water Management District, and incorporate by reference ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-330.010Purpose and Implementation

62-330.020Regulated Activities

62-330.050Procedures for Review and Agency Action on Exemption Requests

62-330.051Exempt Activities

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

62-330.054Individual Permits

62-330.055Conceptual Approval Permits for Urban Infill or Redevelopment

62-330.056Other Conceptual Approval Permits

62-330.060Content of Applications for Individual and Conceptual Approval Permits

62-330.062Water Quality Certification and Costal Zone Consistency Concurrence

62-330.071Fees

62-330.075Additional Requirements and Procedures for Concurrent Review of Related Applications

62-330.090Processing of Individual and Conceptual Approval Permit Applications

62-330.201Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters

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

62-330.302Additional Conditions for Issuance of Individual and Conceptual Approval Permits

62-330.310Operation and Maintenance

62-330.311Inspections and Reporting

62-330.315Modification of Permits

62-330.320Duration of Permits

62-330.340Transfer of Permit Upon Change in Ownership or Control

62-330.350General Conditions for Individual Permits

62-330.351General Conditions for Conceptual Approval Permits

62-330.360Emergency Authorizations and Actions

62-330.395Variances

62-330.401Policy and Purpose

62-330.402Submittal and Processing of General Permits

62-330.405General Conditions for All Noticed General Permits

62-330.407General Permit for Geotechnical Investigations in Wetlands or Other Surface Waters

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

62-330.427General Permit for Certain Piers and Associated Structures

62-330.428General Permit for Floating Vessel Platforms and Floating Boat Lifts

62-330.431General Permit for Installation of Riprap

62-330.437General Permit for the Installation of Fences

62-330.439General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings, and Bridges of Artificial Waterways

62-330.443General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation

62-330.447General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements

62-330.449General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Airport Airside Stormwater Management Systems

62-330.450General Permit for Construction, Alteration, and Operation of Urban Infill and Redevelopment Activities in Conformance with the Conceptual Approval Permit in Rule 62-330.056, F.A.C.

62-330.451General Permit to Counties, Municipalities, and other Agencies to Conduct Stormwater Retrofit Activities

62-330.453General Permit for Installation, Maintenance, Repair, and Removal of Underground Cable, Conduit, or Pipeline

62-330.455General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters

62-330.457General Permit for Subaqueous Utility Crossings of Artificial Waterways

62-330.458General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities

62-330.459General Permit for Relocation of Aerial Electric and Communication Lines Associated with Road Improvement Projects

62-330.463General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies

62-330.475General Permit for Minor Activities

62-330.496General Permit for Dry Borrow Pits of Less than Five Acres

62-330.600General Permit for the Construction of Artificial Reefs

62-330.602General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities

62-330.630General Permit to U.S. Army Corpors of Engineers for Environmental Restoration or Enhancement Activities

62-330.631General Permit to Governmental Entities for Limited Environmental Restoration or Enhancement Activities

62-330.632General Permit for the Restoration, Establishment and Enhancement of low profile Oyster Habitat

PURPOSE AND EFFECT: The Department proposes to amend most of the rules in Chapter 62-330, F.A.C., and Applicant’s Handbook Volume I, some sections in the Applicant’s Handbook Volume II within the Northwest Florida Water Management District, and incorporate by reference any updates to Applicant’s Handbook Volume II made by the other water management districts (Districts). The amendments will primarily make minor corrections and provide clarifications that have been identified as being needed since the October 1, 2013, effective date of the statewide environmental resource permit (SWERP) rules. Additional streamlining also is proposed in the form of such things as adding some new exemptions, reducing some submittal requirements, improving the linkage with federal permitting programs, and revising application and notice forms with the goal of reducing the number of requests for additional information from applicants.

SUBJECT AREA TO BE ADDRESSED: Minor technical corrections are proposed throughout the rule and Applicant’s Handbook Volumes to correct numbering and cross-references, and correct and clarify text. More substantive amendments proposed at the time of this notice are summarized below. The need for additional amendments or further alteration of the amendments summarized below may occur as rulemaking progresses.

Proposed rule amendments include, but are not limited to the following: New exemptions in Rule 62-330.051, F.A.C., for: pile-supported, non-covered boat lifts; seagrass and coral restoration activities undertaken by the Florida Keys National Marine Sanctuary; communication tower sites; electrical distribution substations; and water intake lawn irrigation waterlines and closed-loop air conditioning cooling lines. Two existing general permits are proposed to be converted to exemptions—one involving certain geotechnical investigations, and the other involving upland, dry borrow pits of less than five acres in size. The exemption in paragraph 62-330.051(14)(f), F.A.C., for temporary utility work has been amended to limit the work to a whole and complete project that can be completed within 24 hours. At the request of the Joint Administrative Procedures Committee, the conceptual approval permit for urban infill and redevelopment (Rule 62-330.055, F.A.C.) is proposed to be amended to comport its duration and renewal provisions with Section 373.4131(1)(b), F.S. The process for authorizing work in wetlands and other surface waters under that general permit also is proposed to be clarified. Rule 62-330.075, F.A.C., is proposed to be amended to streamline issuance of a consolidated permit and sovereignty submerged lands authorization when there is no heightened public concern. Updated and new application, noticing, conservation, and financial responsibility forms are proposed to be incorporated by reference in Rule 62-330.301, F.A.C. Several rules are proposed to be amended to reduce costs and burdens on applicants and permittees, including adding more provisions for electronic submittals, reducing requirements for submitting multiple copies of documents, removing some signing requirements, streamlining some permit transfer and conversion requirements, and allowing the filing of an NPDES Stormwater Construction Notice of Intent to serve as notice of construction commencement in lieu of the permittee submitting Form 62-330.350(1). A new Rule 62-330.351, F.A.C., is proposed to provide general conditions applicable to all conceptual approval permits.

The general permit for fences in Rule 62-330.437, F.A.C., is proposed to be revised to better address potential conflicts with associated sovereignty submerged lands authorizations. The general permit for bridges in Rule 62-330.443, F.A.C., is proposed to be amended to minimize potential adverse shading impacts to aquatic resources. The general permit for airport airside activities in Rule 62-330.449, F.A.C., is proposed to be revised to also apply to military airfields. At the request of the U.S. Army Corps of Engineers, the general permits in Rules 62-330.453 and 62-330.457, F.A.C., are proposed to be amended to require utility lines be located a minimum of 14 feet below federal navigation channels. The general permit in Rule 62-330.475, F.A.C., is proposed to be amended to clarify that the pile supported structures in paragraphs (1)(a) and (b) must not be for residential dwelling purposes, and to restore language prohibiting work in coral, attached macro-marine algae, and seagrass communities (that language was inadvertently omitted when the SWERP rules were adopted). The general permit for marine bivalve discharges in Rule 62-330.602, F.A.C., is proposed to be repealed because the authority for regulating such discharges now is with the Department of Agriculture and Consumer Services. The restoration of prop scars and blow holes is proposed to be added to the general permit for governmental environmental and enhancement activities in Rule 62-330.631, F.A.C.

Substantive proposed amendments to the Applicant’s Handbook Volume I (General and Environmental) include, but are not limited to revising: section 1.3.2.1 to better inform applicants of associated NPDES stormwater construction general permit and dewatering permit requirements; section 2.0(a) to revise ten existing definitions, and add a new definition (of “vessel”); section 3.1.4(f)5 to clarify that new activities that are not regulated under subsection 62-330.020(2), F.A.C., cannot, when combined with existing systems, cause adverse secondary or cumulative impacts to water resources; section 3.2.3(b)7 to add guidance pertaining to maintenance dredging of older, historic canals that never received a previous permit from the state or the USACE; sections 4.2.3(d) and (e) to clarify ownership responsibilities for mitigation sites and corporate registration requirements; section 5.4 to conform with statutory noticing requirements; section 6.1.5 to add explanation of the term “authorized construction or alteration has been begun,” as it is used in subsection 62-330.056(9), F.A.C; section 6.2.1 to clarify certain activities that qualify as minor modifications; section 6.3.2.1 to clarify permit transfer requirements; section 7.2.5 to provide a reduced fee to renew a formal determination, and extend the duration for requesting such a renewal; new section 8.2.7 to reflect the addition of criteria for discharges of stormwater into mine pits, including incorporating by reference a new Appendix I to provide criteria for treatment of stormwater discharges into mine pits; section 10.2.2.2 to recognize amendments to paragraph 62-330.051(16)(c), F.A.C., which expands from 0.5 acre to one acre the exemption for construction, alteration, maintenance, or removal of wholly-owned, artificial waters; section 10.2.7(a) to recognize that certain buffers may require planting or removal of exotic and nuisance vegetation to ensure the buffers prevent adverse secondary impacts in the manner they are intended to provide; and new section 12.3.2 and revisions to section 12.3.4 to reflect that certain entities who have been proposed by an applicant to be operation and maintenance entities must provide a written agreement to do so, and clarify when demonstration of their capability to operate and maintain a system must be provided.

Only minor technical corrections are proposed to Applicant’s Handbook Volume II (Water Quality and Quantity) applicable within the Northwest Florida Water Management District. However, the Department and Districts are considering whether modifications are needed to the flood protection provisions of each District’s Volume II to address potential conflicts between those provisions and the Florida Building Code. In addition, the Districts are considering other minor revisions to their Volume II, which would require them to be incorporated by reference in Chapter 62-330, F.A.C.

RULEMAKING AUTHORITY: 161.055, 253.03(7), 253.77, 258.43, 373.026, 373.043, 373.044, 373.109, 373.113, 373.118, 373.171, 373.406, 373.413, 373.4131, 373.414, 373.4145, 373.415, 373.416, 373.418, 373.421(2), 373.427, 380.06, 380.23, 403.0877, 403.805(1) FS.

LAW IMPLEMENTED: 120.54(5)(a), 120.569(2), 120.60, 161.041, 161.055, 253.03, 253.034(1), 253.04, 253.77, 258.43, 373.026, 373.042, 373.043, 373.044, 373.046, 373.086, 373.109, 373.116, 373.117, 373.118, 373.119, 373.129, 373.136, 373.403, 373.406, 373.409, 373.413, 373.4131, 373.4136, 373.414, 373.4141, 373.4142, 373.4145, 373.415, 373.416, 373.418, 373.419, 373.421, 373.422, 373.423, 373.426, 373.427, 373.428, 373.429, 373.439, 380.06, 380.23, 403.0877, 403.201, 403.813(1), 403.814 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: September 19, 2014, 2:00 p.m. (ET)

PLACE: The workshop will be broadcast via webinar. Parties can register to attend the webinar via their personal computers with audio by telephone (regular long distance telephone charges will apply) or by speakers connected to their computer (no telephone charges will apply). Webinar registration is via https://www2.gotomeeting.com/register/222243466. Alternatively, persons may participate in person at the following location where staff will be present to accept comments: Department of Environmental Protection, Bob Martinez Bldg., Room 609, 2600 Blair Stone Rd., Tallahassee, FL

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: Andrew May at telephone: [phone] or via e-mail: [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: Andy May, Florida Department of Environmental Protection, Submerged Lands and Environmental Resources Coordination, 2600 Blair Stone Road, MS #2500, Tallahassee, FL 32399-2400, telephone: [phone], e-mail: [e-mail] or facsimile: [phone]. DEP has established an Internet site (http://www.dep.state.fl.us/water/wetlands/erp/rules/62-330_Phase2.htm) to provide information about the rulemaking. (OGC NO. 14-0376)

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