Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
RULE NO: RULE TITLE
40E-4.051: Exemptions From Permitting
PURPOSE AND EFFECT: To establish specific Exemptions for minor roadway safety projects and recreational paths.
SUMMARY: The proposed rule amendments establish specific Exemptions from Environmental Resource Permitting requirements for minor roadway safety projects with no wetlands for: 1) sidewalks; 2) intersection improvements and turnlanes less than 0.25 miles; and 3) road widening and shoulder paving that do not create additional lanes. The proposed Exemptions are also for recreational paths (with no wetlands) 8 feet or less for unidirectional and 12 feet or less for bidirectional, and no motorized vehicles except for maintenance or emergency.
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, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.406, 373.413, 373.416, 403.813(2) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 12, 2007, 9:00 a.m.
PLACE: South Florida Water Management District Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 hours before the workshop/meeting by contacting: Clerk of the South Florida Water Management District, (800)432-2045, ext. 2087 or (561)682-2087. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Damon Meiers, Deputy Department Director, Environmental Resource Regulation Department, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6876 or (561)682-6876, email: dmeiers@sfwmd.gov. For procedural questions contact Jan Sluth, Paralegal, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6299 or (561)682-6299, email: jsluth@sfwmd.gov

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-4.051 Exemptions From Permitting.

(1) through (10) No change.

(11) 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.

(b) Turnlanes less than 0.25 miles in length and other intersection improvements,

(c) Road widening and shoulder paving projects which do not result in the creation of additional traffic lanes.

(12) Recreational Paths.

Recreational paths that are not located within wetlands or other surface waters; include best management practices during construction to prevent secondary impacts in adjacent wetlands or other surface waters due to erosion and sedimentation; that have a width of eight feet or less for unidirectional paths and twelve feet or less for bidirectional paths; and which do not allow motorized vehicles powered by internal combustion engines except for maintenance and emergency vehicles.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.406, 373.413, 373.416, 403.813(2) FS. History–New 9-3-81, Amended 1-31-82, 3-9-83, Formerly 16K-4.02, Amended 4-20-94, 10-3-95, 5-28-00, 9-2-01, 4-14-03,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Damon Meiers, Deputy Department Director, Environmental Resource Regulation Department
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 10, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 2, 2007