9261383, 40D-4.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9261383

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.091

Publications, Forms and Agreements Incorporated by Reference (Transferred)

PURPOSE:

Proposed rule amendment incorporates by reference a revised Environmental Resource Permitting Information Manual Part B, Basis of Review (BOR). Revisions are proposed to BOR Chapter 3, Sections 3.2 – 3.3.2.2. The purpose and effect of this rulemaking will be to clarify, update and correct certain provisions pertaining to mitigation of impacts to wetlands and other surface waters.

SUMMARY:

Chapter 3 of the District’s Environmental Resource Permitting Manual Part B – Basis of Review (BOR) contains the environmental criteria used in evaluating an ERP application to determine whether conditions for permit issuance are met, including mitigation criteria for impacts to wetlands and other surface waters. Proposed revisions to Chapter 3 will accomplish the following: 1) clarify the current exemption from mitigation in subsection 3.2.2.2 for alterations to wholly owned ponds less than one acre and constructed in uplands and upland cut ditches; 2) eliminate the apparent preference for on-site mitigation vs. off-site in subsection 3.3.1.2; 3) create a new subsection 3.3.1.2.1 to explain requirements for demonstrating sufficient ownership or control of off-site mitigation areas, to provide reasonable assurance of mitigation success; 4) revise sections 3.3.2 – 3.3.2.2 to clarify when the Uniform Mitigation Assessment Method (UMAM) supersedes ratio guidelines, when UMAM is applied and when it is not; 5) make several non-substantive technical corrections such as correcting rule references, improving sentence structure, etc.
Rule 40D-4.091, F.A.C., is amended to incorporate by reference the revised BOR and effective date.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.171, 373.414 FS.

LAW:

373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS.

PRINT PUBLISH DATE:

10/15/2010 Vol. 36/41

COMMENTS:

From 10/15/2010 To 11/5/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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