Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 32 No. 1, January 6, 2006 issue of the Florida Administrative Weekly.

A notice of change also was published in Vol, 32, No. 51, December 22, 2006, issue of the Florida Administrative Weekly. The changes are made in response to comments received from the Joint Administrative Procedures Committee.

62-312.824 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.

A general permit is hereby granted to ~~counties and~~ municipalities to pave existing ~~county or~~ municipally owned and maintained roads that lack a permanent pavement surface, such as concrete or asphalt. This includes the repair and stabilization of such roads in preparation of paving; the repair or replacement of bridges and culverts that are part of the roadway; construction or alteration of associated stormwater management systems; other work reasonably necessary to pave the road; and the construction, alteration, operation, and maintenance of systems and works authorized under this general permit, provided all of the terms and conditions below are met.

(1) The existing road and any associated bridges:

(a) Must have been constructed prior to January 1, 2002, and in continuous use as a ~~county or~~ municipally owned and maintained road (including any associated bridge or bridges) thereafter. For the purposes of this general permit, ~~county or~~ municipal ownership shall include roads that have been presumed to be dedicated in accordance with Section 95.361, F.S.; and

(b) No change.

(2) The proposed road and any bridge work, together:

(a) through (c) No change.

(d) Must be constructed, operated, and maintained within roadway and bridge right-of-way owned by the ~~county or~~ municipality, including where ownership is through presumed dedication in accordance with Section 95.361, F.S.;

(e) No change.

(f) Must not involve any more dredging or filling of surface waters of the state than is reasonably necessary to prepare the roadway for paving, including all work to repair, extend, or replace any culverts, other drainage structures, and bridges associated with the roadway, and to construct or reconfigure surface water management systems associated with the paving. However, the amount of such dredging and filling, both temporary and permanent, must not impact more than 0.5 acre of surface waters of the state for a total and complete project, with the allowance of an additional 0.5 acre of work in roadside ditches constructed through uplands. A “total and complete project” shall consist of the total amount of work needed to pave, and prepare for paving, all unpaved segments of a single named or numbered (~~county or~~ state road number) roadway. The sum of all wetland and other surface water impacts associated with phases of paving the named or numbered roadway must not exceed the above acreage limits. However, the total acreage limits for this general permit shall not include the work conducted to prepare the roadway for paving when the preparation is done in accordance with:

1. through 4. No change.

(g) through (j) No change.

(3) Activities conducted under this general permit must comply with the general conditions for general permits contained in Rule 62-4.540, F.A.C., and all the specific conditions in paragraphs (a) through (j), below.

(a) through (g) No change.

(h) Activities conducted and authorized by this permit must be operated and maintained by the ~~county or~~ municipality for the life of the system.

(i) through (j) No change.

(4) No change.

(5) Notices to use this general permit must be submitted to the Department on Form 62-312.900(6). In addition to the information required on that form, this notice must also include the materials required in paragraphs (5)(a) or (b), below.

(a) No change.

1. A project description that describes the work to be done, including a statement signed by the responsible official in the ~~county or~~ municipality that the proposed activity will comply with the limitations in paragraph (5)(a) herein, and all the other terms and conditions of this general permit;

2. through 4. No change.

(b) through (c) No change.

(6) No change.