Notice of Development of Rulemaking

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-343.010: Policy and Purpose
62-343.020: General Provisions
62-343.030: Transferability of Definitions
62-343.040: Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters
62-343.050: Permits Required
62-343.060: Conceptual Approval Permits
62-343.070: Procedures to Obtain a Permit
62-343.075: Additional Requirements and Procedures for Concurrent Review of Related Applications
62-343.080: Applications Processed by District and Division Offices of the Department
62-343.090: Processing of Notices and Applications
62-343.091: Documents Incorporated by Reference
62-343.095: Operation, Maintenance, and Inspections
62-343.100: Modification of Permits
62-343.110: Duration of Permits
62-343.120: Permit Extensions
62-343.130: Transfer of Ownership or Permit
62-343.140: Suspension and Revocation
62-343.381: General and Special Limiting Conditions
62-343.900: Environmental Resource Permit Forms
PURPOSE AND EFFECT: The Department proposes to amend Chapter 62-343, F.A.C., to: (1) amend the Environmental Resource Permit (ERP) Joint Application form and adopt a separate new form for requesting verification of an exemption to resolve conflicts when an applicant proposes work that may be exempt from permitting in the same application for activities that require a permit; (2) update procedures related to submitting and reviewing applications; (3) standardize procedures related to operation and maintenance, including new and amended forms; (4) adopt a new section on general and specific limiting conditions to update and standardize such conditions for statewide applicability within the Department’s ERP program and to reduce the number of water management district rules adopted by the Department related to these conditions; (5) correct outdated language that identifies which offices of the Department are responsible for reviewing and taking action on various types of ERP activities; (6) amend provisions related to modifications and transfers of permits; and (7) make technical corrections.
SUBJECT AREA TO BE ADDRESSED: (1) Adopt several new forms and update existing forms; (2) amend procedures to reflect use of the new and revised forms; (3) update procedures related to the offices of the Department that are responsible for processing ERP applications; (4) adopt a new section on operation, maintenance, and inspection; (5) adopt a new section on general and special limiting conditions; (6) amend procedures on modification and transfers of permits; and (7) make minor technical corrections.
SPECIFIC AUTHORITY: 120.53, 120.54(5)(a), 373.026, 373.043, 373.118, 373.413, 373.414, 373.4145, 373.416, 373.418, 373.421, 373.427, 380.06(9)(b), 403.0877, 403.805(1) FS.
LAW IMPLEMENTED: 120.60, 120.54(5)(a), 373.026, 373.043, 373.109, 373.117, 373.118, 373.406(5), 373.409, 373.4142, 373.413, 373.414, 373.4141, 373.4145, 373.416, 373.418, 373.419, 373.421, 373.422, 373.423, 373.426, 373.427, 373.428 , 380.06(9)(b), 403.0877, 403.9328 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Alice Heathcock, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources – MS 2500, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, telephone (850)245-8483, or e-mail: Alice.Heathcock@dep.state.fl.us. Future information and updates on this proposed rule also may be obtained from the Department’s Web Site at: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm. (OGC No. 08-1613)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.