Purpose


This rulemaking will incorporate the revised “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection” into Rule 62-113.100, where the Department has incorporated similar agreements. The Agreement needs to be moved from where it is currently incorporated by reference in subsection 62-346.030(33), F.A.C., to another chapter that will remain in effect if Chapter 62-346, F.A.C., is repealed upon the effective date of the statewide environmental resource permit rule Chapter 62-330, F.A.C. In addition, the Agreement is being updated to, most notably: (1) remove the current requirement for the Department to review and take agency action, including enforcement and compliance involving dredging, filling, or construction in, on, or over five or more acres of wetlands or other surface waters; (2) provide that the Department will be responsible for review and take agency action, including enforcement and compliance of projects submitted by, or on behalf of, named military installations within the Northwest Florida Water Management District (NWFWMD); and (3) provide that the NWFWMD will be responsible for review and final action on petitions for formal determinations under Section 373.421, F.S., filed by entities regarding properties on which they propose to undertake activities for which the NWFWMD would have permitting responsibility under this Agreement.