40D-4.051: Exemptions
40D-4.091: Publications and Agreements Incorporated by Reference
PURPOSE AND EFFECT: The proposed amendments to Environmental Resource Permit (ERP) rules will exempt from permitting certain minor roadway safety-related activities pertaining to the construction of sidewalks, turn lanes, intersection improvements, road widening, shoulder paving and recreational trails located along roadways. The amendments will streamline the permitting process for minor roadway safety-related projects having no or minimal resource impacts.
SUMMARY: The proposed exemptions from ERP requirements are limited to certain specified safety-related roadway projects; provided such projects do not reduce the capacity of the existing surface water management system, are not located within wetlands or other surface waters and include best management practices for erosion and sedimentation control. The activities to be exempt are: sidewalks six feet or less in width constructed along roadways and which do not obstruct or impound surface waters; turnlanes less than 0.25 mile in length and other intersection improvements; road widening and shoulder paving projects which do not create additional traffic lanes; and recreational paths for nonmotorized vehicles located along roadways and limited to eight feet in width for unidirectional paths or 12 feet in width for bidirectional paths. Amendment of Environmental Resource Permitting Information Manual Part B, Basis of Review (BOR) Section 5.8 is also proposed to delete language that will be rendered unnecessary upon adoption of the proposed exemptions. Rule 40D-4.091, F.A.C., is amended to reference the adoption date of the proposed changes in the BOR and to correct the title of the document.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.046, 373.113, 373.149, 373.171, 373.414(9) FS.
LAW IMPLEMENTED: 373.0361, 373.114, 373.171, 373.403, 373.406, 373.413, 373.414, 373.414(9), 373.416, 373.429, 373.441 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-4.051 Exemptions.
The following activities are exempt from permitting under this chapter:
(1) through (11) No change.
(12) Minor Roadway Safety Projects. The construction of the following minor roadway safety projects, provided that the capacity of existing swales, ditches or other stormwater management systems is not reduced; the projects are not located within wetlands or other surface waters; and the projects include best management practices during construction to prevent secondary impacts in adjacent wetlands or other surface waters due to erosion and sedimentation:
(a) Sidewalks adjacent to new or existing roadways that have a width of six feet or less and do not obstruct or impound surface waters;
(b) Turnlanes less than 0.25 mile in length and other intersection improvements; and
(c) Road widening and shoulder paving projects which do not result in the creation of additional traffic lanes.
(13) Recreational Paths. Recreational paths adjacent to new or existing roadways, provided that the recreational paths are not located within wetlands or other surface waters; do not obstruct or impound surface waters; best management practices are used during construction to prevent secondary impacts in adjacent wetlands or other surface waters due to erosion or sedimentation; do not exceed eight feet in width for unidirectional paths and 12 feet in width for bidirectional paths; and do not allow motorized vehicles powered by internal combustion engines except for maintenance and emergency vehicles.
(14)(12) The performance of activities pursuant to the provisions of the exemptions described above does not relieve the person or persons who are using the exemption or who are constructing or otherwise implementing the activity from meeting the permitting or performance requirements of other District rules.
Specific Authority 373.044, 373.113, 373.149, 373.171, 373.414(9) F.S. Law Implemented 373.406, 373.413, 373.414(9) FS. History– Readopted 10-5-74, Formerly 16J-4.05, Amended 10-1-84, 10-1-86, 3-1-88, 1-24-90, 10-3-95, 4-18-01, 5-17-01, 4-9-02, 2-19-04, 6-30-05,_________.
40D-4.091 Publications and Agreements Incorporated by Reference.
The following documents are hereby incorporated into this chapter and Chapters 40D-40 and 40D-400, F.A.C.:
(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, for Environmental Resource Permit Applications within the Southwest Florida Water Management District, _______ May 2, 2006. This document is available from the District upon request.
(2) through (5) No change.
Specific Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.114, 373.171, 373.403, 373.413, 373.414, 373.416, 373.429, 373.441 FS. History–New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-23-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06,_________.
Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District
5.8 Alterations to existing public roadway projects will be required to treat a volume equal to those specified in Section 5.2 and the contributing area according to the following options.
a. The following alterations will not require water quality treatment when the project involves:
1. Road widening and shoulder paving which do not create additional traffic lanes or displace existing treatment capacity and only discharge into Class III waters; the applicant must provide reasonable assurance that adequate erosion and turbidity control measures will be provided during construction.
2. Intersection improvements which do not result in a reduction in the treatment capacity of existing vegetated swales and which discharge only to Class III waters;
3. In-kind bridge replacements.
b. through d. renumbered a. through c. No change.