Purpose


Chapter 62-346, F.A.C., has been amended to implement Phase 2 of the Environmental Resource Permit (ERP) rules within the Northwest Florida Water Management District (NWFWMD, also referred to as the “Panhandle”). These amendments add environmental criteria, including regulation of dredging and filling in, on, or over connected and isolated wetlands and other surface waters to the Phase 1 rules governing stormwater management systems, which became effective on October 1, 2007. As required by Section 373.4145, F.S., the permitting thresholds and requirements are designed to: (1) improve the management and storage of surface waters with minimal impact on property interests in consideration of the rural nature, current development trends, and abundant natural resources within the Panhandle; (2) enable the Department to pursue streamlining of this rule with the federal wetland permitting program; and (3) implement other streamlining measures to the maximum extent possible, such as electronic permitting, field permitting, and informal wetland determinations. The rule also incorporates the provisions specified in Section 373.4145(3), F.S., and “grandfathering” provisions for activities that will continue to be governed under Chapters 62-25 and 62-312, F.A.C. When the Phase 2 rules go into effect, a separate wetland resource permit under Chapter 62-312, F.A.C., which regulates dredging and filling in surface waters of the state, will no longer be required, except for those activities as provided in Section 373.4145(5), F.S. This rule includes amendments to Applicant’s Handbook Volumes I and II. Volume I contains procedures and general criteria used in Chapter 62-346, F.A.C., and has been amended to include new environmental criteria. Volume II, which addresses the design and performance standards for stormwater management systems, has been amended to address issues that were identified during implementation of the Phase 1 rules. This rulemaking also includes amendments to the “Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection.”