12794511, 40E-400.010 - Florida Administrative Rules, Law, Code, Register

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Notice: 12794511

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

NO NOTICE AND NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40E-400.010	Review of No Notice and Noticed General Environmental Resource Permit Applications (Repealed)
40E-400.021	Definitions (Repealed)
40E-400.201	Policy and Purpose (Repealed)
40E-400.211	Processing Procedures for Noticed General Permits (Repealed)
40E-400.215	General Conditions for All No Notice and Noticed General Permits (Repealed)
40E-400.315	No Notice General Permit for Activities in Uplands (Repealed)
40E-400.316	No Notice General Permit for Road Grading and Pavement Resurfacing (Repealed)
40E-400.417	General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks (Repealed)
40E-400.427	General Permit for Certain Piers and Associated Structures (Repealed)
40E-400.431	General Permit for Installation of Riprap (Repealed)
40E-400.437	General Permit for the Installation of Fences (Repealed)
40E-400.439	General Permit for the Construction or Maintenance of Culverted Driveways or Roadway Crossings and Bridges of Artificial Waterways (Repealed)
40E-400.443	General Permit for Minor Bridge Alteration, Replacement, Maintenance and Operation (Repealed)
40E-400.447	General Permit for Minor Activities Within Existing FDOT Rights-of-Way or Easements (Repealed)
40E-400.453	General Permit for the Installation, Maintenance, Repair or Removal of Underground Cables, Conduits, or Pipelines (Repealed)
40E-400.455	General Permit for the Construction of Aerial Pipeline, Cable, or Conduit Crossings of Certain Waters (Repealed)
40E-400.457	General Permit for Subaqueous Utility Crossings of Artificial Waterways (Repealed)
40E-400.463	General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)
40E-400.467	General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Repealed)
40E-400.470	Noticed General Permit for Temporary Agricultural Activities (Repealed)
40E-400.475	General Permit for Minor Activities (Repealed)
40E-400.483	General Permit to the Department to Conduct Minor Activities (Repealed)
40E-400.485	General Permit to the Department for Environmental Restoration or Enhancement Activities (Repealed)
40E-400.487	General Permit to the Department to Change Operating Schedules for Department or District Water Control Structures (Repealed)
40E-400.495	General Permit to U.S. Forest Service for Minor Works within National Forests (Repealed)
40E-400.500	General Permit for Construction, Operation, Maintenance, Alteration, Removal or Abandonment of Minor Silvicultural Surface Water Management Systems (Repealed)
40E-400.900	Forms and Instructions (Repealed)

PURPOSE:

The purpose and effect of this rulemaking is to amend rules of the South Florida Water Management District (“District”) consistent with Section 373.4131, F.S. (2012),which requires the Florida Department of Environmental Protection (“DEP”) in coordination with the five water management districts (“WMDs”) to develop statewide environmental resource permitting (“ERP”) rules. These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective and streamlined approach in the state’s ERP program. To implement 373.4131, F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. Some examples of subjects covered in DEP’s rulemaking for Chapter 62-330, F.A.C., include: permitting thresholds; permit exemptions; types of permits; permit fee categories; application and notice content and submittal procedures; procedures for processing ERP applications (including variances and general permits); conditions for issuance; and formal wetland determinations of the landward extent of wetlands and other surface waters. As part of its rulemaking, DEP also intends to incorporate by reference documents that will be known as an Applicant’s Handbook (AH). Two volumes of the AH will apply in each WMD: (1) one volume that will include general and environmental criteria and procedures and forms, which volume will apply statewide (AH Volume I); and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD (Applicant’s Handbook, Volume II). DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will result in these rules becoming duplicative and unnecessary.

SUMMARY:

The proposed rules will be repealed as the subject matter of these rules will be addressed in Chapter 62-330, F.A.C., or the "Environmental Resource Permit Applicant's Handbook Volume II: For Use Within the Geographic Limits of the South Florida Water Management District."

RULEMAKING AUTHORITY:

120.54(5), 120.60, 373.044, 373.113, 373.118, 373.171, 373.406, 373.4131, 403.067(7)(d), 403.813, 403.814, 668.003, 668.004, 668.50, F.S.

LAW:

120.54(5), 120.60, 373.109, 373.118, 373.119, 373.406, 373.413, 373.4131, 373.416, 373.418, 373.423, 373.426, 403.067(7)(d), 668.003, 668.004, 668.50, F.S.

PRINT PUBLISH DATE:

4/10/2013 Vol. 39/70

COMMENTS:

From 4/10/2013 To 5/1/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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