15011543, 62-330.010 - Florida Administrative Rules, Law, Code, Register

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Notice: 15011543

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

ENVIRONMENTAL RESOURCE PERMITTING

Overview

RULE:

62-330.010	Purpose and Implementation
62-330.020	Regulated Activities
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
62-330.054	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
62-330.062	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
62-330.201	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
62-330.351	General Conditions for Conceptual Approval 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62-330.407	General Permit for Geotechnical Investigations in Wetlands or Other Surface Waters (Repealed)
62-330.417	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
62-330.443	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
62-330.449	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
62-330.475	General Permit for Single-family Residential Activities in Isolated Wetlands
62-330.496	General Permit for Dry Borrow Pits of Less than Five Acres (Repealed)
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

PURPOSE:

The Department proposes to amend most of the rules in Chapter 62-330, F.A.C., and Applicant’s Handbook Volume I, some sections in the Applicant’s Handbook Volume II within the Northwest Florida Water Management District, and incorporate by reference any updates to Applicant’s Handbook Volume II made by the other water management districts (Districts). The amendments will primarily make minor corrections and provide clarifications that have been identified as being needed since the October 1, 2013, effective date of the statewide environmental resource permit (SWERP) rules. Additional streamlining also is proposed in the form of such things as adding some new exemptions, reducing some submittal requirements, improving the linkage with federal permitting programs, and revising application and notice forms with the goal of reducing the number of requests for additional information from applicants.

SUBJECT:

Minor technical corrections are proposed throughout the rule and Applicant’s Handbook Volumes to correct numbering and cross-references, and correct and clarify text. More substantive amendments proposed at the time of this notice are summarized below. The need for additional amendments or further alteration of the amendments summarized below may occur as rulemaking progresses.
Proposed rule amendments include, but are not limited to the following: New exemptions in Rule 62-330.051, F.A.C., for: pile-supported, non-covered boat lifts; seagrass and coral restoration activities undertaken by the Florida Keys National Marine Sanctuary; communication tower sites; electrical distribution substations; and water intake lawn irrigation waterlines and closed-loop air conditioning cooling lines. Two existing general permits are proposed to be converted to exemptions—one involving certain geotechnical investigations, and the other involving upland, dry borrow pits of less than five acres in size. The exemption in paragraph 62-330.051(14)(f), F.A.C., for temporary utility work has been amended to limit the work to a whole and complete project that can be completed within 24 hours. At the request of the Joint Administrative Procedures Committee, the conceptual approval permit for urban infill and redevelopment (Rule 62-330.055, F.A.C.) is proposed to be amended to comport its duration and renewal provisions with Section 373.4131(1)(b), F.S. The process for authorizing work in wetlands and other surface waters under that general permit also is proposed to be clarified. Rule 62-330.075, F.A.C., is proposed to be amended to streamline issuance of a consolidated permit and sovereignty submerged lands authorization when there is no heightened public concern. Updated and new application, noticing, conservation, and financial responsibility forms are proposed to be incorporated by reference in Rule 62-330.301, F.A.C. Several rules are proposed to be amended to reduce costs and burdens on applicants and permittees, including adding more provisions for electronic submittals, reducing requirements for submitting multiple copies of documents, removing some signing requirements, streamlining some permit transfer and conversion requirements, and allowing the filing of an NPDES Stormwater Construction Notice of Intent to serve as notice of construction commencement in lieu of the permittee submitting Form 62-330.350(1). A new Rule 62-330.351, F.A.C., is proposed to provide general conditions applicable to all conceptual approval permits.
The general permit for fences in Rule 62-330.437, F.A.C., is proposed to be revised to better address potential conflicts with associated sovereignty submerged lands authorizations. The general permit for bridges in Rule 62-330.443, F.A.C., is proposed to be amended to minimize potential adverse shading impacts to aquatic resources. The general permit for airport airside activities in Rule 62-330.449, F.A.C., is proposed to be revised to also apply to military airfields. At the request of the U.S. Army Corps of Engineers, the general permits in Rules 62-330.453 and 62-330.457, F.A.C., are proposed to be amended to require utility lines be located a minimum of 14 feet below federal navigation channels. The general permit in Rule 62-330.475, F.A.C., is proposed to be amended to clarify that the pile supported structures in (1)(a) and (b) must not be for residential dwelling purposes, and to restore language prohibiting work in coral, attached macro-marine algae, and seagrass communities (that language was inadvertently omitted when the SWERP rules were adopted). The general permit for marine bivalve discharges in Rule 62-330.602, F.A.C., is proposed to be repealed because the authority for regulating such discharges now is with the Department of Agriculture and Consumer Services. The restoration of prop scars and blow holes is proposed to be added to the general permit for governmental environmental and enhancement activities in Rule 62-330.631, F.A.C.
Substantive proposed amendments to the Applicant’s Handbook Volume I (General and Environmental) include, but are not limited to revising: section 1.3.2.1 to better inform applicants of associated NPDES stormwater construction general permit and dewatering permit requirements; section 2.0(a) to revise ten existing definitions, and add a new definition (of “vessel”); section 3.1.4(f)5 to clarify that new activities that are not regulated under subsection 62-330.020(2), F.A.C., cannot, when combined with existing systems, cause adverse secondary or cumulative impacts to water resources; section 3.2.3(b)7 to add guidance pertaining to maintenance dredging of older, historic canals that never received a previous permit from the state or the USACE; sections 4.2.3(d) and (e) to clarify ownership responsibilities for mitigation sites and corporate registration requirements; section 5.4 to conform with statutory noticing requirements; section 6.1.5 to add explanation of the term “authorized construction or alteration has been begun,” as it is used in subsection 62-330.056(9), F.A.C; section 6.2.1 to clarify certain activities that qualify as minor modifications; section 6.3.2.1 to clarify permit transfer requirements; section 7.2.5 to provide a reduced fee to renew a formal determination, and extend the duration for requesting such a renewal; new section 8.2.7 to reflect the addition of criteria for discharges of stormwater into mine pits, including incorporating by reference a new Appendix I to provide criteria for treatment of stormwater discharges into mine pits; section 10.2.2.2 to recognize amendments to paragraph 62-330.051(16)(c), F.A.C., which expands from 0.5 acre to one acre the exemption for construction, alteration, maintenance, or removal of wholly-owned, artificial waters; section 10.2.7(a) to recognize that certain buffers may require planting or removal of exotic and nuisance vegetation to ensure the buffers prevent adverse secondary impacts in the manner they are intended to provide; and new section 12.3.2 and revisions to section 12.3.4 to reflect that certain entities who have been proposed by an applicant to be operation and maintenance entities must provide a written agreement to do so, and clarify when demonstration of their capability to operate and maintain a system must be provided.
Only minor technical corrections are proposed to Applicant’s Handbook Volume II (Water Quality and Quantity) applicable within the Northwest Florida Water Management District. However, the Department and Districts are considering whether modifications are needed to the flood protection provisions of each District’s Volume II to address potential conflicts between those provisions and the Florida Building Code. In addition, the Districts are considering other minor revisions to their Volume II, which would require them to be incorporated by reference in Chapter 62-330, F.A.C.

RULEMAKING AUTHORITY:

LAW:

120.54(5)(a), 120.569(2), 120.60, 161.041, 161.055, 253.03, 253.034(1), 253.04, 253.77, 258.43, 373.026, 373.042, 373.043, 373.044, 373.046, 373.086, 373.109, 373.116, 373.117, 373.118, 373.119, 373.129, 373.136, 373.403, 373.406, 373.409, 373.413, 373.4131, 373.4136, 373.414, 373.4141, 373.4142, 373.4145, 373.415, 373.416, 373.418, 373.419, 373.421, 373.422, 373.423, 373.426, 373.427, 373.428, 373.429, 373.439, 380.06, 380.23, 403.0877, 403.201, 403.813(1), 403.814 FS.

PRINT PUBLISH DATE:

9/3/2014 Vol. 40/171

RELATED STATUTES
AND LAWS:

161.055, 253.03(7), 253.77, 258.43, 373.026, 373.043, 373.044, 373.109, 373.113, 373.118, 373.171, 373.406, 373.413, 373.4131, 373.414, 373.4145, 373.415, 373.416, 373.418, 373.421(2), 373.427, 380.06, 380.23, 403.0877, 403.805(1) FS., 120.54(5)(a), 120.569(2), 120.60, 161.041, 161.055, 253.03, 253.034(1), 253.04, 253.77, 258.43, 373.026, 373.042, 373.043, 373.044, 373.046, 373.086, 373.109, 373.116, 373.117, 373.118, 373.119, 373.129, 373.136, 373.403, 373.406, 373.409, 373.413, 373.4131, 373.4136, 373.414, 373.4141, 373.4142, 373.4145, 373.415, 373.416, 373.418, 373.419, 373.421, 373.422, 373.423, 373.426, 373.427, 373.428, 373.429, 373.439, 380.06, 380.23, 403.0877, 403.201, 403.813(1), 403.814 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=62-330.010&PDate=9/3/2014&Section=1

REFERENCE MATERIALS:

No reference(s).

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