10607743, 40D-40.302 - Florida Administrative Rules, Law, Code, Register

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Notice: 10607743

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

GENERAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-40.302

Conditions for Issuance of General Permits (Repealed)

PURPOSE:

General environmental resource permits are issued for activities that fall below certain specified thresholds. Activities exceeding these thresholds must be authorized through issuance of an individual environmental resource permit. The purpose of this rulemaking is to clarify the threshold for general environmental resource permits when activities are proposed to occur in, on or over wetlands and other surface waters. The effect will be to reduce unnecessary regulatory burdens and achieve other streamlining benefits for the regulated public when proposed activities involve minor work in certain isolated small wetlands and other surface waters, by allowing issuance of general permits for these activities.

SUMMARY:

Under current rule language, one of the thresholds for a general permit is that activity in, on or over wetlands and other surface waters must be limited to one acre or less. Excluded from the calculation of this one-acre threshold for general permits are upland-cut ditches and any wholly owned isolated wetland or other surface water that is less than one-half acre in size and for which mitigation is not required. Under Section 3.2.2.2 of the District’s Environmental Resource Permitting Information Manual Part B, Basis of Review, alterations to wholly owned ponds constructed entirely in uplands and less than one acre in size do not require mitigation to offset any adverse impacts to fish and wildlife. Accordingly, the proposed amendment will make these two provisions consistent and will increase the size for excluding activities in wholly owned ponds that are constructed entirely in uplands from one-half acre to up to one acre, as impacts to such ponds up to one acre in size do not require mitigation for adverse impacts to fish and wildlife. The result will be that activities which previously may have been excluded from qualifying as a general permit due to the fact that the project involved an upland-constructed pond larger than one-half acre but less than one acre will now be able to qualify for a general permit, which has a lower application fee than an individual permit.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118 FS.

LAW:

373.079(4)(a), 373.083(5), 373.413, 373.414, 373.416, 373.419 FS.

PRINT PUBLISH DATE:

11/18/2011 Vol. 37/46

COMMENTS:

From 11/18/2011 To 12/9/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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