4454354, 62-348.100 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4454354

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

PERMITTING AND ALTERNATIVE MITIGATION FOR THE MINING OF HIGH-QUALITY PEAT

Overview

RULE:

62-348.100

Purpose and Applicability

PURPOSE:

As required by HB 197 (Chapter 2007-191, Laws of Florida), which created Section 373.414(6)(e), F.S., in 2007, the Department proposes to develop a new Chapter 62-348, F.A.C. This rule will provide the mitigation criteria for mining of peat in herbaceous and historically herbaceous wetlands for the horticultural industry. The rule will only be applicable to the mining of predominantly high quality peat that will be used by the horticultural industry in products that incorporate other renewable or recyclable materials to replace or reduce the use of natural peat. The rule will not be applicable where excavation will be in the underlying sand or rock, where mining is part of a larger plan of development, or if any portion involves an Outstanding Florida Water. The mitigation requirements will allow a percentage of the excavated wetlands to be replaced with open water under certain conditions. The proposed rules will not require design modification to reduce impacts to wetlands below a specific Uniform Mitigation Assessment Method value to be established, except as necessary to reduce or eliminate adverse impacts to water quality, offsite flooding, significant historic or archeological resources, or listed species or their habitats.

SUBJECT:

Development of a new Chapter 62-348, F.A.C., to address wetland permitting and mitigation for peat mining for the horticultural industry, as required by HB 197, which created Section 373.414(6)(e), F.S., in 2007.

RULEMAKING AUTHORITY:

373.414, 373.4142, 373.459, 373.4595, 378.403, 378.503, 378.804, 403.265 FS.

LAW:

373.414, 373.4142, 373.459, 373.4595, 378.403, 378.503, 378.804, 403.265 FS.

PRINT PUBLISH DATE:

8/10/2007 Vol. 33/32

RELATED STATUTES
AND LAWS:

373.414, 373.4142, 373.459, 373.4595, 378.403, 378.503, 378.804, 403.265 FS., 373.414, 373.4142, 373.459, 373.4595, 378.403, 378.503, 378.804, 403.265 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=62-348.100&PDate=8/10/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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