3851887, 62-341.021 - Florida Administrative Rules, Law, Code, Register

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Notice: 3851887

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

62-341.021	Definitions (Transferred)
62-341.201	Policy and Purpose (Transferred)
62-341.215	General Conditions for All Noticed General Permits (Transferred)
62-341.443	General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation (Transferred)
62-341.447	General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements (Transferred)
62-341.448	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 (Transferred)
62-341.483	General Permit to the Department and Water Management Districts to Conduct Minor Activities (Transferred)
62-341.485	General Permit to the Department and Water Management Districts for Environmental Restoration or Enhancement (Transferred)
62-341.487	General Permit to the Department and Water Management Districts to Change Operating Schedules for Water Control Structures (Transferred)
62-341.601	General Permit for Clam and Oyster Culture on Sovereignty Submerged Lands Aquaculture Leases (Repealed)
62-341.900	Noticed General Permit Forms (Transferred)

PURPOSE:

Chapter 62-341, F.A.C., currently establishes 35 noticed general permits under the environmental resource permit (ERP) program authorized by Part IV of Chapter 373, F.S., within the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts. The chapter is proposed to be amended to make available certain noticed general permits within the geographical area of the Northwest Florida Water Management District (NWFWMD), generally referred to as the “Panhandle,” as authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. Specifically, Section 373.4145(3)(d), F.S., requires the new ERP rules in the Panhandle to “Incorporate the exemptions and general permits that are effective under this part and have been enacted by rule by the department and other water management districts, including the general permits authorized by Section 403.814, F.S.”
This rulemaking is proposed as part of a concurrent rulemaking to adopt a new Chapter 62-346, F.A.C., which will implement the ERP rules applicable to stormwater management systems in the Panhandle. Chapter 62-346, F.A.C., provides the procedures for the public to provide notice to the Department or NWFWMD of their intent to use a noticed general permit adopted under Chapter 62-341, F.A.C., as well as the procedures that will be used by these agencies to review and act on such notices. Because nine of the general permits authorize activities that cannot take place in the Panhandle, only 26 of the noticed general permits in Chapter 62-341, F.A.C., will be available for activities within the Panhandle.
In addition to the above, six of the existing general permits are being amended to authorize additional activities, to clarify existing language, or to conform the rule to statutory authority. One general permit, Rule 62-341.601, F.A.C., which authorizes clam and oyster culture operations within sovereignty submerged lands aquaculture leases, is proposed to be repealed in recognition that Section 373.406(8), F.S., which was enacted after adoption of this general permit. Section 373.406(8), F.S., now exempts these activities from regulation under Part IV of Chapter 373, F.S., effectively making Rule 62-341.601, F.A.C., obsolete. Amendments also are proposed to the procedures and forms that are used to provide notice of use of the general permits.
Many general permits that are analogous to the noticed general permits adopted under Chapter 62-341, F.A.C., also are in effect under Rules 62-312.800 through 62-312.825, F.A.C. Those general permits, and most of the noticed general permits adopted under Chapter 62-341, F.A.C., authorize activities involving dredging and filling in wetlands and other surface waters. Some of those activities also involve stormwater management systems that will require a permit under Chapter 62-346, F.A.C. Section 373.4145(1), F.S., requires a phased approach to adopting rules that implement the ERP program in the Panhandle. The first phase of rules proposed under Chapter 62-346, F.A.C., is limited to regulation of stormwater management systems. Other than the activities authorized under Chapter 62-341, F.A.C., activities involving dredging and filling will continue to be regulated under Chapter 62-312, F.A.C., until the second phase of rules under Section 373.4145(1)(b), F.S., are adopted, which cannot occur any sooner than January 1, 2008. Therefore, persons who propose to construct, alter, maintain or repair, abandon, or remove stormwater management systems that involve dredging or filling in surface waters of the state, as defined in Rule 62-312.030, F.A.C., can chose to use either an applicable general permit adopted under Chapter 62-312, F.A.C., or a noticed general permit Chapter 62-341, F.A.C., until the second phase of rules become effective.
Rule 62-341.900, F.A.C., is being amended to provide that the form to notice the Department or NWFWMD of the intended use of a general permit is Form 62-312.900(6). This form is already used to notice the Department of uses of general permits adopted under the wetland resource permit program in Chapter 62-312, F.A.C. This form is being retained because, as mentioned above, many of the general permits involve dredge and fill activities. Most dredge and fill activities within the Panhandle require a separate permit or authorization from the U.S. Army Corps of Engineers (Corps). The Corps is familiar with the proposed form, and its continued use under the new ERP program in the Panhandle will avoid confusion and the need to adopt new operational procedures with the Corps.
The overall effect of this rulemaking will be to streamline and expedite the process of authorizing projects that qualify for the general permits within the Panhandle. It also will reduce costs to the public. The noticed general permit under Chapter 62-341, F.A.C., constitutes the requisite dredge and fill and stormwater management system authorizations. The availability of these general permits in the Panhandle will not reduce environmental protection because general permits are authorized under Sections 373.4145, F.S., to have only minimal adverse individual and cumulative impacts.
OGC NO.: 06-1124 (formerly Docket No. 02-06R)

SUMMARY:

The proposed amendments to Chapter 62-341, F.A.C., will enable applicants to use noticed general permits under the new ERP program authorized under Section 373.4145, F.A.C., that are applicable in the Panhandle.
The amendments to Rule 62-341.021, F.A.C., provide that applicable definitions under Chapters 62-330 and 62-346, F.A.C., will apply to the noticed general permits in Chapter 62-341, F.A.C.
The amendments to Rule 62-341.201, F.A.C., provide that the procedures for reviewing notices to use general permits adopted under Chapter 62-341, F.A.C., will include those adopted under Rule 62-346.090, F.A.C.
The amendments to subsections 62-341.215(4) and (8), F.A.C., remove a reference to Chapter 62-330, F.A.C., and add a reference to Rule 62-346.130, F.A.C., so that general conditions related to rights and transfers of permits will apply to noticed general permits in the Panhandle.
The amendments to Rules 62-341.443 and .447, F.A.C., expand and clarify, respectively, certain roadway and bridge activities authorized to the Florida Department of Transportation, counties, and municipalities. These changes were requested by the Florida Department of Transportation, and will be applicable statewide once rulemaking to amend the corresponding noticed general permit rules in the water management districts is completed. The amendment to Rule 62-341.448, F.A.C., removes, within the geographical area of the NWFWMD, the applicability of this noticed general permit to counties. This limitation is required in recognition that Section 373.4145(3)(e), F.A.C., retains an exemption for counties in the Panhandle to repair, stabilize, or pave county owned and maintained roads and repair or replace bridges that are part of the roadway in accordance with the limitations and conditions of Section 403.813(2)(t), F.S. The amendments will retain applicability of this noticed general permit to municipalities in the Panhandle, and will not affect the applicability of this general permit to counties and municipalities outside of the Panhandle.
The amendments to Rules 62-341.483, .485 and .487, F.A.C., will enable the Department and NWFWMD to qualify for general permits that authorize certain minor activities, environmental restoration or enhancement projects, or changes to operating schedules for water control structures, respectively. These general permits currently are issued only to the water management districts outside of the Panhandle because the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts have their own noticed general permit rules that authorize the Department to perform the above activities. However, under Section 373.4145, F.S., the NWFWMD will be using rules adopted by the Department to implement the ERP program in the panhandle. Therefore the Department’s Chapter 62-341, F.A.C., rule must be amended to enable the NWFWMD to authorize general permit activities conducted by the Department.
The existing general permit in Rule 62-341.601, F.A.C., which authorizes certain clam and oyster culture activities within sovereignty submerged lands aquaculture leases is being repealed for the reasons set forth above.
Rule 62-341.900, F.A.C., is being amended to provide that the form to notice the Department or NWFWMD of the intended use of a general permit is Form 62-312.900(6).

RULEMAKING AUTHORITY:

373.026(7), 373.043, 373.118, 373.406(5), 373.4145, 373.418, 373.06(9)(b), 403.061, 403.0877, 403.805, 403.815 FS.

LAW:

120.54(5)(a), 120.60(2), 120.60(6), 161.041, 161.055, 253.03, 253.77, 258.42, 258.43, 373.026(7), 373.043, 373.109, 373.118, 373.129, 373.136, 373.403, 373.406(5), 373.409, 373.413, 373.414, 373.4141, 373.4145, 373.416, 373.418, 373.419, 373.421, 373.422, 373.423, 373.426, 373.427, 373.4275, 373.428, 373.429, 380.06(9)(b), 403.031, 403.061, 403.062, 403.803, 403.812, 403.813, 403.815, 403.816, 403.927, 403.9328 FS.

PRINT PUBLISH DATE:

3/9/2007 Vol. 33/10

COMMENTS:

From 3/9/2007 To 3/30/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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