7831797, 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: 7831797

Notice of Proposed Rule

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
62-348.200	Definitions
62-348.300	Application Requirements
62-348.500	Conditions for Issuance
62-348.600	Wetland Mitigation Design and Technical Criteria
62-348.700	Transfer of Permit
62-348.800	Reports
62-348.900	Forms (Repealed)

PURPOSE:

As required by Section 373.414(6)(e) of the Florida Statutes, the Department proposes to adopt a new Chapter 62-348 of the Florida Administrative Code. The proposed rule will apply to mining of predominantly high-quality peat that is being used by Florida’s horticultural industry in products that incorporate other renewable or recyclable materials to replace or reduce the use of natural peat. The proposed rules are intended to provide alternative permitting and mitigation requirements when such mining is proposed in herbaceous and historically herbaceous wetlands.

SUMMARY:

The alternative wetland mitigation requirements will be available for qualifying mines extracting high quality peat, based on the Von Post Humification Scale and the pH scale, from freshwater herbaceous wetlands or historically freshwater herbaceous wetlands. In accordance with the statutory provisions, the rule will not apply where excavation would occur in the sand or rock underlying the peat, where mining is part of a larger plan of development, or if any portion of the proposed mining involves an Outstanding Florida Water. The alternative 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 modifications to reduce or eliminate adverse impacts to herbaceous wetlands having a current condition score of less than 0.80, as verified by the Department in accordance with the Uniform Mitigation Assessment Method of Chapter 62-345, F.A.C. The proposed rules will require that the project be designed to avoid adverse impacts to water quality, offsite flooding, significant historic or archeological resources, and listed species or their habitats.

RULEMAKING AUTHORITY:

373.026(7), 373.043, 373.414, 373.4145, 373.418, 373.421, 403.0877, 403.805(1) FS.

LAW:

373.019, 373.026(7), 373.042, 373.109, 373.117, 373.403, 373.409, 373.413, 373.4132, 373.414, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.421, 373.4211, 373.426, 378.403, 403.031, 403.0877, 403.803 FS.

PRINT PUBLISH DATE:

10/30/2009 Vol. 35/43

COMMENTS:

From 10/30/2009 To 11/20/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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