12792959, 62-330.010 - Florida Administrative Rules, Law, Code, Register

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Notice: 12792959

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

ENVIRONMENTAL RESOURCE PERMITTING

Overview

RULE:

62-330.010	Purpose and Implementation
62-330.020	Regulated Activities
62-330.021	Definitions
62-330.050	Procedures for Review and Agency Action on Exemption Requests
62-330.051	Exempt Activities
62-330.0511	No-fee Noticed Exemptions for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems
62-330.052	General Permits — General
62-330.054	Individual Permits
62-330.055	Conceptual Approval Permits for Urban Infill or Redevelopment
62-330.056	Other Conceptual Approval Permits
62-330.060	Content of Applications for Individual and Conceptual Approval Permits
62-330.061	Submittal of Applications and Notices to Agency Offices (Repealed)
62-330.062	Water Quality Certification and Costal Zone Consistency Concurrence
62-330.071	Fees
62-330.075	Additional Requirements and Procedures for Concurrent Review of Related Applications
62-330.090	Processing of Individual and Conceptual Approval Permit Applications
62-330.100	Purpose and Intent (Repealed)
62-330.200	Rules Adopted by Reference (Repealed)
62-330.201	Determinations of the Landward Extent of Wetlands and Other Surface Waters
62-330.301	Conditions for Issuance of Individual and Conceptual Approval Permits
62-330.302	Additional Conditions for Issuance of Individual and Conceptual Approval Permits
62-330.310	Operation and Maintenance
62-330.311	Inspections and Reporting
62-330.315	Modification of Permits
62-330.320	Duration of Permits
62-330.340	Transfer of Permit Upon Change in Ownership or Control
62-330.350	General Conditions for Individual Permits
62-330.360	Emergency Authorizations and Actions
62-330.395	Variances
62-330.401	Policy and Purpose
62-330.402	Submittal and Processing of General Permits
62-330.405	General Conditions for All General Permits
62-330.407	General Permit for Geotechnical Investigations in Wetlands or Other Surface Waters (Repealed)
62-330.410	General Permit for Dredging by the West Coast Inland Navigation District in Sarasota and Manatee Counties
62-330.412	General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County
62-330.417	General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities
62-330.427	General Permit for Docks, Piers and Associated Structures
62-330.428	General Permit for Floating Vessel Platforms and Floating Boat Lifts
62-330.431	General Permit for Installation of Riprap
62-330.437	General Permit for the Installation of Fences
62-330.439	General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings, and Bridges of Artificial Waterways
62-330.441	Noticed General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County (Transferred)
62-330.443	General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Placement, Replacement, Removal, Maintenance, and Operation
62-330.447	General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements
62-330.448	General Permit to Counties and Municipalities to Pave Existing County or Municipally Owned and Maintained Roads, including the Repair and Replacement of Bridges that are Part of the Roadway
62-330.449	General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Airport Airside Stormwater Management Systems
62-330.450	General Permit for Construction, Alteration, and Operation of Urban Infill and Redevelopment Activities in Conformance with the Conceptual Approval Permit in Rule 62-330.055, F.A.C.
62-330.451	General Permit to Counties, Municipalities, and other Agencies to Conduct Stormwater Retrofit Activities
62-330.453	General Permit for Installation, Maintenance, Repair, and Removal of Underground Utility Lines
62-330.455	General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters
62-330.457	General Permit for Subaqueous Utility Crossings of Artificial Waterways
62-330.458	General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities
62-330.459	General Permit for Relocation of Aerial Electric and Communication Lines Associated with Road Improvement Projects
62-330.463	General Permit for Breaching Mosquito Control Impoundments and for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies
62-330.467	General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)
62-330.475	General Permit for Single-family Residential Activities in Isolated Wetlands
62-330.476	General Permit for Private Single-Family Residences Within Jupiter Farms, Palm Beach County
62-330.477	General Permit for Single Family Residential Lots Within the Indian Trail Water Control District
62-330.483	General Permit to the Department and Water Management Districts to Conduct Minor Activities
62-330.485	General Permit to the Department and Water Management Districts for Environmental Restoration or Enhancement
62-330.487	General Permit to the Department and Water Management Districts to Change Operating Schedules for Water Control Structures
62-330.488	General Permit to Governmental Entities for Certain Public Use Facilities at Public Natural Areas
62-330.490	General Permit for the Reclamation of Eligible Phosphate Lands Mined Before July 1, 1975
62-330.491	Noticed General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Minining Sand and Limestone (Repealed)
62-330.492	General Permit for Prospecting for Limestone, Sand, and Peat
62-330.493	General Permit to Perform Prospecting Activities for Phosphate Minerals
62-330.494	General Permit for Temporary Dragline Crossings of Waterways
62-330.495	General Permit for Low Water Crossings for Mining Activities
62-330.496	General Permit for Dry Borrow Pits of Less than Five Acres (Repealed)
62-330.500	General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems (Repealed)
62-330.501	General Permit for Temporary Agricultural Activities within the South Florida Water Management District
62-330.505	General Permit to the U.S. Forest Service for Minor Works within National Forests
62-330.550	General Permit for Construction, Operation and Maintenance of Nonproduction-related Agricultural Facilities
62-330.600	General Permit for the Construction of Artificial Reefs
62-330.602	General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities (Repealed)
62-330.630	General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities
62-330.631	General Permit to Governmental Entities for Limited Environmental Restoration or Enhancement Activities
62-330.632	General Permit for the Restoration, Establishment and Enhancement of Low Profile Oyster Habitat
62-330.635	General Permit for Soil Remediation
62-330.901	Noticed General Permit Forms (Repealed)

PURPOSE:

Section 373.4131, F.S., created by Chapter 2012-94, Laws of Florida, and effective July 1, 2012, requires the Department (DEP), in coordination with the five Water Management Districts (WMDs), to develop statewide environmental resource permitting (ERP) rules under Part IV of Chapter 373, F.S., regulating the construction, alteration, operation, maintenance, repair, abandonment, and removal of stormwater management systems, dams, impoundments, reservoirs, appurtenant works or works, or combinations thereof. DEP proposes to substantially amend the existing Chapter 62-330, F.A.C., and add new rules to it that will serve as the primary statewide rule chapter governing the ERP program. Pursuant to Section 373.4131, F.S., this rule chapter will be implemented by DEP, and will apply to the WMDs, and local governments delegated under Section 373.441, F.S., without the need for further rulemaking by the WMDs and local governments. This rulemaking will achieve a more consistent, effective, and streamlined approach to implement the ERP program. The new rules also will reduce regulatory costs and burdens for the public while preserving environmental standards and continuing to protect the state’s water resources.

SUMMARY:

The existing DEP Chapter 62-330, F.A.C., currently incorporates by reference the rules of the WMDs used by DEP to implement its responsibilities under the ERP program. It was recently amended (through rule transfers) to include all of the noticed general permits formerly contained in Chapter 62-341, F.A.C. Chapter 62-330, F.A.C., is being substantially revised so that it will serve as the primary statewide ERP rule. As required by Section 373.4131, F.S., the proposed rule chapter includes provisions governing permit thresholds and exemptions; types of permits; application and notice content and submittal procedures; conditions for issuance; general conditions; standardized application, notice, and reporting forms; formal determinations of the landward extent of wetlands and other surface waters; and mitigation criteria. To accomplish this, DEP proposes to amend Chapter 62-330, F.A.C., to comprehensively integrate the ERP procedures and criteria contained in Chapters 40B-1, 40B-4, 40B-400, 40C-1, 40C-4, 40C-40, 40C-41, 40C-42, 40C-44, 40C-400, 40D-1, 40D-4, 40D-40, 40D-400, 40E-1, 40E-4, 40E-40, 40E-400, 62-4, 62-113, 62-312, 62-342, 62-343, and 62-346, F.A.C., and the Applicant’s Handbooks and Basis of Review of each WMD. The proposed rulemaking also incorporates new, and amends existing, exemptions and general permits to authorize certain minor and routine activities more quickly than through individual permit review, and at lower cost to applicants, without causing significant adverse impacts individually or cumulatively.
The rule chapter incorporates by reference an Applicant’s Handbook, consisting of two volumes. Volume I is incorporated by reference in Chapter 62-330, F.A.C., by DEP, and includes general processing and evaluation procedures, including a discussion of the environmental criteria, procedures for formal determinations of the landward extent of wetlands and other surface waters, operation and maintenance, and mitigation that will apply statewide to all agencies implementing the ERP program. Volume II is in the form of five separate documents specific to each WMD. The Volume II specific to the Northwest Florida WMD is adopted by DEP; the Suwannee River, St. Johns River, Southwest Florida, and South Florida WMD each have adopted in their rules a Volume II for use by the applicable WMD. Each Volume II is incorporated by reference in Chapter 62-330, F.A.C., so that they also apply to DEP. The purpose of the separate Volume IIs is to retain, as provided for in Section 373.4131, F.S., the existing stormwater quality and quantity design and performance standards applicable within each WMD; those regional standards and design practices are needed because of variations in rainfall and other physical and natural characteristics throughout the state. Additional basin-specific rules adopted by the WMDs also will be retained and incorporated by reference in Chapter 62-330, F.A.C., to address specific regional issues and statutory requirements.
As part of this rulemaking, the Department is repealing the following seven rules.
Rule 62-330.100, F.A.C., Purpose and Intent, because the purpose of the chapter has changed to now house the statewide rule required by Section 373.4131, F.S. A new rule is added to describe the new purpose and intent of the chapter.
Rule 62-330.200, F.A.C., Rules Adopted by Reference, containing four subsections, (1) through (4), currently identifies the specific rules of the Suwannee River, St. Johns River, Southwest Florida, and South Florida WMDs that are incorporated by reference for use by the Department in implementing its responsibilities for the existing ERP program under Part IV of Chapter 373, F.S. These sections also reflect, in tabular form, minor amendments to those rules that enable the Department to use them, such as using “Department” in place of the WMD name, and amending District form numbers to Department form numbers. This rule is being repealed because it is no longer necessary for the Department to incorporate the rules of the water management districts that will be superseded by Chapter 62-330, F.A.C., and because many of those WMD rules will be repealed in accordance with Section 373.4131(2)(a), F.S., upon the effective date of the amended Chapter 62-330, F.A.C.
Rule 62-330.448, F.A.C., General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities within Within Existing Rights-of-Way or Easements; activities formerly covered by this general permit will be exempt from ERP requirements under the proposed Rule 62-330.051, F.A.C.
Rule 62-330.467, F.A.C., General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies; provisions of this general permit have been merged into the general permit in Rule 62-330.463, F.A.C.
Rule 62-330.491, F.A.C., General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone, is being repealed because it has never been used.
Rule 62-330.500, F.A.C., General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems; the activities allowed under this general permit will be exempt from ERP requirements under Rule 62-330.0511, F.A.C., which establishes a no-fee noticed exemption for the same activities.
Rule 62-330.901, F.A.C., Noticed General Permit Forms, is being repealed because these forms are now being incorporated in the rule in which they are first discussed.
OTHER RULES INCORPORATING THIS RULE:  62-4.001; 62-4.200; 62-17.665; 62-312.440; 62-340.700; 62-342.750; 62-342.800; 62-343.020; 62-343.030; 62-343.050; 62-343.060; 62-343.070; 62-343.090; 62-343.100; 62-346.080; 62-348.100; 62-348.500; 62-348.600; 62-348.700; 62-624.100; 62-709.300; 62-709.500; 62-711.540; 62-713.300; 62B-49.001; 62B-49.005; 62B-49.011; 62B-49.012.
EFFECT ON THOSE OTHER RULES:  The amendments to Chapter 62-330, F.A.C., make it so the references to this chapter in Rules 62-4.001 and 62-4.200, F.A.C., are no longer necessary. Rule 62-343.030, F.A.C., will no longer apply, as the amendments to Chapter 62-330, F.A.C., have removed those definitions previously incorporated by reference. All other rules, no effect.

RULEMAKING AUTHORITY:

373.026(7), 373.043, 373.044, 373,113, 373.118, 373.118(1), 373.118(6), 373.171, 373.406(5), 373.413, 373.4131, 373.414, 373.414(9), 373.4145, 373.415, 373.418, 373.421(2), 373.4211(22) through (25), 373.461, 380.06(9), 403.0877, 403.805(1), 403.813(1)(t) FS.

LAW:

120.54(5)(a), 253.034(1), 373.019, 373.042, 373.0421, 373.044, 373.085, 373.086, 373.109, 373.118, 373.118(1), 373.118(6), 373.119, 373.129, 373.136, 373.403, 373.406, 373.406(5), 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.414(9), 373.4141, 373.4145, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2) through (6), 373.4211(22) and (25), 373.422, 373.423, 373.426, 373.427, 373.429, 373.413, 373.430, 373.433, 373.436, 373.439, 373.461, 380.06(9), 403.0877, 403.813(1), 403.813(1)(t) FS.

PRINT PUBLISH DATE:

4/12/2013 Vol. 39/72

COMMENTS:

From 4/12/2013 To 5/3/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-02511 Form 62-330.060(1) Section A: Joint Application for Individual and Conceptual Environmental Resource Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill Permit (and Sections B, C, D, E, F, G and H)
Ref-02520 Rule 68A-4.009, FAC (August 23, 2012)
Ref-02521 Applicants Handbook Volume II NWFWMD
Ref-02522 Applicants Handbook Volume 1

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