10701445, 62-342.300 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10701445

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

MITIGATION BANKS

Overview

RULE:

62-342.300

Use of a Mitigation Bank (Repealed)

PURPOSE:

The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY:

Repeal Rule 62-342.300, F.A.C., “Use of a Mitigation Bank,” that is no longer necessary because similar language already exists in section 10.3.1.2 of the “Department of Environmental Protection and Northwest Florida Water Management District Environmental Resource Permit Applicant’s Handbook Volume I (General and Environmental),” incorporated by reference in Rule 62-346.010, F.A.C., and in the Basis of Review/Applicant’s Handbook of the following water management districts: section 12.3.1.2 in the Suwannee River Water Management District’s “Environmental Resource Permit Applicant’s Handbook – May 2002,” incorporated by reference in subsection 40B-400.091(1), F.A.C. (July 1, 2007); section 12.3.1.2 in the St. John’s River Water Management District’s “Applicant’s Handbook: Management and Storage of Surface Waters,” effective December 27, 2010, incorporated by reference in paragraph 40C-4.091(1)(a), F.A.C. (December 27, 2010); section 3.3.1.2 in the Southwest Florida Water Management District’s “Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District, December 8, 2010,” incorporated by reference in subsection 40D-4.091(1), F.A.C. (December 8, 2010); and section 4.3.1.2 in the South Florida Water Management District’s “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, effective date July 4, 2010,” incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C. (July 4, 2010). Those sections are more applicable to users of the mitigation banks (applicants who propose otherwise unpermittable adverse impacts to wetlands or other surface waters) than to the mitigation bankers (who are the focus of Chapter 62-342, F.A.C.).
OTHER RULES INCORPORATING THIS RULE: This rule is not referenced in any other rule or chapter.
EFFECT ON THOSE OTHER RULES: There are no other rules that incorporate Rule 62-342.300, F.A.C.; therefore, there will be no effect from the repeal.

RULEMAKING AUTHORITY:

373.4136(11) FS.

LAW:

373.4135, 373.4136 FS.

PRINT PUBLISH DATE:

11/23/2011 Vol. 37/47

COMMENTS:

From 11/23/2011 To 12/14/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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