The Department proposes to correct citations and references in Chapter 62-348, F.A.C., “Permitting and Alternative Mitigation for the Mining of High-quality Peat,” resulting from the adoption of the Statewide Environmental Resource Permitting rule ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-348.100Purpose and Applicability

62-348.300Application Requirements

62-348.500Conditions for Issuance

62-348.600Wetland Mitigation Design and Technical Criteria

62-348.700Transfer of Permit

PURPOSE AND EFFECT: The Department proposes to correct citations and references in Chapter 62-348, F.A.C., “Permitting and Alternative Mitigation for the Mining of High-quality Peat,” resulting from the adoption of the Statewide Environmental Resource Permitting rule Chapter 62-330, F.A.C., effective October 1, 2013, and repeal of rules in Chapter 62-312, F.A.C., effective February 16, 2012.

Specifically, Rules 62-348.100, 62-348.500, 62-348.600, and 62-348.700, F.A.C., refer to requirements in Chapter 62-312, F.A.C. Rule 62-348.300, F.A.C., refers to forms incorporated in Chapter 62-312, F.A.C.

SUBJECT AREA TO BE ADDRESSED: Update and correct rule citations and references in Chapter 62-348, F.A.C.

RULEMAKING AUTHORITY: 373.026(7), 373.043, 373.414, 373.418, 373.421, 403.0877, 403.805(1) FS.

LAW IMPLEMENTED: 373.026(7), 373.042, 373.109, 373.413, 373.414, 373.4141, 373.4142, 373.416, 373.421, 373.426 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 REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Howard J. Hayes, Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3577, Tallahassee, FL 32399-2400, [phone], [e-mail] (OGC NO. 14-0015)

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

62-348.100 Purpose and Applicability.

(1) Applicants who intend to mine high-quality peat may elect to use the provisions of this chapter. In accordance with Section 373.414(6)(e), F.S., this chapter provides additional permitting and alternative wetland mitigation requirements for processing wetland resource permits and environmental resource permits, in accordance with Part IV of Chapter 373, F.S., for the extraction of high-quality peat from certain herbaceous freshwater wetlands for use in the state’s horticultural industry. The requirements of this chapter are in addition to and not in lieu of the requirements of Chapters 62-312 and 62-345, F.A.C., for wetland resource permits and Chapters 62-330 and 62-345, F.A.C., for environmental resource permits, with the exception of the alternative wetland mitigation requirements for the extraction of high-quality peat.

(2) No change.

Rulemaking Authority 373.026(7), 373.043, 373.414, 373.4145 FS. Law Implemented 373.413, 373.414, 373.4145, 373.416, 373.421, 373.426 FS. History–New 8-18-10, Amended________.

 

62-348.300 Application Requirements.

Applicants using this rule shall submit Form 62-330.060(1), “Joint Application for Individual and Conceptual Environmental Resource Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill Permit,” for an environmental resource permit, which is incorporated by reference in subsection 62-330.060(1), F.A.C. (http://www.flrules.org/Gateway/reference.asp?No=Ref-03189). A copy of Form 62-330.060(1) may be obtained from the Department, as described in subsection 62-330.010(5), F.A.C. 62-343.900(1) for an environmental resource permit, or within the geographical jurisdiction of the Northwest Florida Water Management District Form 62-312.900(1) for a wetland resource permit and Form 62-346.900(1) for an environmental resource permit.  In addition, applicants shall submit the following plans and reports for the high-quality peat extraction area that will be subject to the wetland mitigation provisions of this chapter:

(1) through (9) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.4145, 373.421, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.414, 373.4141, 373.416, 373.426 FS. History–New 8-18-10, Amended________.

 

62-348.500 Conditions for Issuance.

To obtain a permit under this chapter, an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal or abandonment of a surface water management system will meet all of the following requirements:

(1) Will meet the requirements of Chapters 62-312 and 62-345, F.A.C., for wetland resource permits, or Chapters 62-330 and 62-345, F.A.C., for environmental resource permits, except for wetland mitigation requirements for high-quality peat extraction areas. Chapter 62-348, F.A.C., specifies alternative wetland mitigation requirements for high-quality peat extraction areas;

(2) through (7) No change.

Rulemaking Authority 373.026(7), 373.043, 373.4145, 373.421, 403.805(1) FS. Law Implemented 373.042, 373.409, 373.413, 373.4142, 373.4145, 373.416, 373.426 FS. History–New 8-18-10, Amended________.

 

62-348.600 Wetland Mitigation Design and Technical Criteria.

The alternative wetland mitigation criteria for areas qualified for the provisions of this chapter shall meet all of the following requirements:

(1) No change.

(2) Within extraction areas qualified for the provisions of this chapter, the applicant may reclaim up to 30 percent of the pre-mining wetlands as open water, which shall be considered appropriate and sufficient mitigation for the adverse impacts to the wetlands. If the applicant chooses to reclaim more than 30 percent of the pre-mining wetlands as open water, the applicant must propose wetland mitigation to address adverse impacts of the additional open water beyond the 30 percent. Regardless of the amount of mitigation proposed, the amount of open water within the extraction area shall not exceed 60 percent of the pre-mining wetlands. The wetland mitigation for open waters beyond 30 percent, shall meet the requirements of Chapters 62-312 and 62-345, F.A.C., for wetland resource permits, and Chapters 62-330 and 62-345, F.A.C., for environmental resource permits, except for Rule 62-345.600, F.A.C.

(3) Wetland mitigation areas constructed within and contiguous to the extraction area, exclusive of the allowable open water, shall meet all of the following standards:

(a) The requirements of Chapters 62-312 and 62-345, F.A.C., for wetland resource permits and Chapters 62-330 and 62-345, F.A.C., for environmental resource permits.

(b) through (e) No change.

(4) through (5) No change.

Rulemaking Authority 373.026(7), 373.043, 373.414, 373.4145, 373.418, 373.421, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.414, 373.4141, 373.416, 373.426 FS. History–New 8-18-10, Amended________.

 

62-348.700 Transfer of Permit.

In addition to the requirements for transfer in Chapter 62-312, F.A.C., for wetland resource permits, or Chapter 62-330, F.A.C., for environmental resource permits, the application for transfer of a permit under this chapter shall include the following:

(1) through (2) No change.

Rulemaking Authority 373.026(7), 373.043, 373.414, 373.4145, 373.418, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.414, 373.4141, 373.416, 373.426 FS. History–New 8-18-10, Amended________.