RULE NO: RULE TITLE
40D-4.091: Publications and Agreements Incorporated by Reference
PURPOSE AND EFFECT: The purpose of the proposed rulemaking is to adopt by reference an operating agreement between the U.S. Army Corps of Engineers (ACOE) and the District. The operating agreement outlines the procedures to be followed by the ACOE and the District to implement the ACOE’s Programmatic General Permit – PGP-SAJ-95. PGP-SAJ-95 addresses multi-phase projects that are being developed pursuant to a conceptual environmental resource permit. Currently such projects require construction permits from both the ACOE and the District prior to each phase of construction. The effect of implementing PGP-SAJ-95 will streamline permitting of such projects by eliminating the need for a separate approval from the ACOE once it has approved the conceptual design.
SUMMARY: The rule revision incorporates our operating agreement between the ACOE and the District to implement the ACOE’s Programmatic General Permit PGP-SAJ-95. The operating agreement describes the processes for the application by the ACOE of its general permit to projects being implemented through a conceptual environmental resource permit issued by the District. The operating agreement also specifies modification, notification, and compliance responsibilities of both the ACOE and the District regarding projects that quality for PGP-SAJ-95.
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, 373.171, 373.414 FS.
LAW IMPLEMENTED: 373.0361, 373.114, 373.171, 373.403, 373.413, 373.414, 373.416, 373.429, 373.441 FS.
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: Karen E. West, Deputy General Counsel, 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-4.091 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) through (4) No change.

(5) Operating Agreement Between the U.S. Army Corps of Engineers and the Southwest Florida Water Management District (SWFWMD) Located within the Geographical Limits of the SWFWMD in Florida, Pursuant to Programmatic General Permit (PGP) PGP-SAJ-95.

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, 7-1-07, 9-25-07, 11-26-07,_________.