A new Chapter 62-346, F.A.C. is proposed to implement the new Environmental Resource Permitting Program (ERP) within the geographical area of the Northwest Florida Water Management District (NWFWMD), generally referred to as the “Panhandle.” This rule is authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. This rule has been developed jointly by the Department and the NWFWMD in accordance with Section 373.4145, F.S., but will be adopted by the Department and may be implemented by the NWFWMD without further adoption pursuant to Section 120.54, F.S. This rule is written to address the phased approach to rulemaking as provided in Section 373.4145(1), F.S. That section requires the first phase of rulemaking, as reflected in the proposed Chapter 62-346, F.A.C., and herein called the “Phase I rules,” to be limited to regulating the construction, operation, alteration, maintenance, abandonment, and removal of stormwater management systems. Section 373.4145(1)(a), F.S., provides that the Phase I rules are intended to update existing stormwater rules within the Panhandle through improving water quality and flood protection, while at the same time being based on the least restrictive stormwater quality and quantity measures and criteria adopted in the rules of the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts, while taking into consideration the differing physical and natural characteristics of the area. The Phase I rules do not govern the regulation of dredge and fill activities. These activities will continue to be regulated under Chapter 62-312, F.A.C. until the “Phase II rules” are adopted under Section 373.4145(1)(b), F.S. The Phase II rules can be implemented no sooner than January 1, 2008. Therefore, in addition to any permits required under Chapter 62-346, F.A.C., any activities involving stormwater management systems that also involve dredging or filling in surface waters of the state (as defined in Rule 62-312.030, F.A.C.) must obtain applicable separate authorization under Chapter 62-312, F.A.C., Chapter 62-25, F.A.C., the existing stormwater rule in the Panhandle, will continue to apply to activities that are grandfathered under Section 373.4145(6), F.S., but a separate permit under Chapter 62-25, F.A.C., will not be required for activities that are regulated under Chapter 62-346, F.A.C. Section 373.4145(3), F.S., provides that “The rules adopted under subsection (1), as applicable, shall: (a) Incorporate the exemptions in subsection 373.406 and 403.813(2) and (d) Incorporate the exemptions and general permits that are effective under this part and have been enacted by rule by the department and other water management districts, including the general permits authorized by Section 403.814, F.S.” In accordance with those provisions, the Department has included in the Phase I rules all of the exemptions and general permits that are available in the rest of the state. Section 373.4145(6), F.S., exempts certain additional activities from regulation under Chapter 62-346, F.A.C., such as the construction and use of a single-family dwelling unit, duplex, triplex, or quadruplex that is not part of a larger common plan of development or sale proposed by the applicant, and does not involve wetlands or other surface waters, and the regulation of agriculture activities, which continue to be governed by the exemptions in Section 373.406, F.S., or are otherwise regulated by the NWFWMD in accordance with Chapters 40A-44, F.A.C. OGC NO.: 06-1126