Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2406

487746

CHAMBER ACTION

Senate

Comm: FAV

4/17/2008

House

The Committee on Environmental Preservation and Conservation

(Jones) recommended the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

Section 1. Subsections (1) and (2) of section 337.0261,

Florida Statutes, are amended, and subsection (6) is added to

that section, to read:

337.0261 Construction Aggregate Materials.--

(1) DEFINITIONS.--As used in this section, the term:

(a) "Construction aggregate materials" means crushed stone,

limestone, dolomite, limerock, shell rock, cemented coquina, sand

for use as a component of mortars, concrete, bituminous mixtures,

or underdrain filters, and other mined resources providing the

basic material for concrete, asphalt, and road base.

(b) "Construction materials mining activities" is defined

as set forth in s. 552.30(1).

(2) LEGISLATIVE INTENT.--The Legislature finds that:

(a) There is a strategic and critical need for an available

supply of construction aggregate materials within the state and

that a disruption of the supply would cause a significant

detriment to the state's construction industry, transportation

system, and overall health, safety, and welfare.

(b) Construction aggregate materials are a finite natural

resource.

of critical importance to the state and is therefore in the

public interest.

(d) There is a need for a reliable, predictable, and

sustainable supply of construction aggregate materials so that

public and private construction is maintained without

interruption.

(e) There are a limited number of aggregate resource

counties within the state where aggregate and sand resources

exist.

(f) There is a need to accurately identify and locate

available supplies of aggregate construction materials in the

state.

(6) STRATEGIC AGGREGATE RESOURCE ASSESSMENT.--

(a) The Department of Transportation shall organize and

provide administrative support in the preparation of the

Strategic Aggregate Resource Assessment (SARA). The Department of

Transportation shall work with the Department of Environmental

Protection, the Department of Community Affairs, and local

governments in the preparation of the SARA.

1. For construction aggregate materials:

a. The Florida Geological Survey shall identify and map

areas where construction aggregate materials deposits are located

in the state. Information may be submitted by willing land owners

to the Florida Geological Survey for inclusion in the state data

repository. Proprietary or business information submitted to or

acquired by the Florida Geological Survey shall be maintained in

an electronic database under the control of the Florida

Geological Survey and protected as trade secrets pursuant to s.

815.045.

b. The Department of Transportation shall identify and

superimpose on the aggregate resource map a high- to low-quality

grading classification to identifying the areas that contain

geologically valuable resources needed for road building and

repair. The quality grading classification mapping shall be for

planning purposes only and does not constitute a formal

determination by the department for any other purpose.

c. The Department of Environmental Protection shall

identify and superimpose on the aggregate resource map the areas

of natural resources which may be of concern during state

permitting in order to identify any potential conflicts between

the location of geologically valuable resources and natural land

and water resources. The mapping of natural resources shall be

for planning purposes only and does not constitute a formal

determination of the landward extent of wetlands and other

surface waters pursuant to part IV of chapter 373.

d. The Department of Community Affairs, along with the

local governments, shall identify and superimpose on the

aggregate resource map the distribution, location, and extent of

land uses within a local government jurisdiction in addition to

future land use map designations and zoning elements in order to

identify any potential conflicts between the areas where growth

and development is planned and areas that have deposits of

geologically valuable resources. The mapping of land uses within

a local government jurisdiction shall be for planning purposes

only and does not constitute a formal determination by the

department or the local government for any other purpose.

The SARA shall provide a projection of 5-year, 25-year, and 50-

year demand for aggregate material. In addition, the SARA shall

provide an estimate volume of aggregate material available from

already permitted mines to meet demand projections. The SARA

shall identify international and out-of-state construction

aggregate materials available to meet demand projections.

2. For infrastructure:

a. The SARA shall provide a rating structure assessing the

ability to mine the deposits in an economic manner, taking into

account the proximity of the materials to the available markets,

the thickness of overburden, and the quantity and quality of the

materials. In assessing the economic viability of a geologic

deposit, the SARA shall take into account the proximity to rail

and port facilities where similar or replacement products can be

100

imported at a lower cost than producing them locally.

101

b. The SARA shall identify the current and potential

102

capacity of construction aggregate material imports into the

103

state using current and planned rail, connecting roadways, and

104

port infrastructure.

105

(b) The SARA shall be updated every 5 years and be included

106

as part of the Department of Transportation's Florida

107

Transportation Plan.

108

109

findings of the SARA in an initial report submitted to the

110

Governor, the President of the Senate, and the Speaker of the

111

House of Representatives no later than February 1, 2010.

112

Subsequent reports shall be submitted by February 1 following

113

each 5-year SARA update.

114

(d) The Department of Transportation shall adopt rules

115

pursuant to ss. 120.536(1) and 120.54 to administer this section

116

and in the preparation of the SARA.

117

Section 2. Section 373.4146, Florida Statutes, is created

118

to read:

119

373.4146 Permitting of mining of construction aggregate

120

materials.--

121

(1) An applicant seeking an aggregate resource mining

122

permit shall attend a preapplication meeting with the department

123

to review construction, operation, environmental resource, and

124

reclamation issues. The department shall invite the local

125

government responsible for the review of the local regulations

126

impacting the aggregate resource mining permit to attend the

127

preapplication meeting to review land use issues with the

128

applicant. Parties are encouraged to identify and resolve

129

environmental and land use issues in order to streamline the

130

application process to the greatest extent practicable.

131

(2) When permitting the construction, operation, and

132

reclamation of construction aggregate material mines, including

133

the permitting requirements in part IV of chapter 373 and the

134

reclamation requirements in part IV of chapter 378, the

135

department shall consider adverse impacts to all wetlands and

136

other surface waters, notwithstanding the provisions of s.

137

373.414(2)(a). The department shall also require ground water

138

monitoring within the permit issued pursuant to part IV of

139

chapter 373 to ensure that water quality outside the mining pit

140

is protected.

141

(3) For the purpose of this section, "construction

142

aggregate material" means crushed stone, limestone, dolomite,

143

limerock, shell rock, cemented coquina, and sand for use as a

144

component of mortars, concrete, bituminous mixtures, or

145

underdrain filters, and other mined resources providing the basic

146

material for concrete, asphalt, and road base. Mined materials

147

that do not require sorting and grading and that are used for

148

fill are not construction aggregate materials.

149

(4) This section does not apply to the Miami-Dade Lake Belt

150

Area as described in s. 373.4149.

151

Section 3. Section 378.412, Florida Statutes, is amended to

152

read:

153

378.412 Relationship with other laws.--

154

(a) It is the intent of the Legislature that ss. 378.202-

155

378.804 supplement other laws regarding resource extraction.

156

Nothing contained in such sections shall be construed to limit,

157

abridge, or alter any agency's duties, authority, and

158

responsibilities granted pursuant to another statute. Nothing in

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ss. 378.202-378.804 shall be deemed to preempt local ordinances

160

that impose land use requirements for reclamation activities as

161

set forth in the comprehensive plan or zoning regulations;

162

however, with the exception of the Miami-Dade Lake Belt Area as

163

described in s. 373.4149, a county or municipality may not enact

164

or enforce any ordinance, resolution, regulation, rule, policy,

165

or other action that prohibits or prevents the construction or

166

operation of a limestone mine based on issues or subject matters

167

regulated by the department pursuant to this chapter or part IV

168

of chapter 373 stricter reclamation standards.

169

Section 4. Present subsection (40) of section 403.061,

170

Florida Statutes, is redesignated as subsection (41), and a new

171

subsection (40) is added to that section, to read:

172

403.061 Department; powers and duties.--The department

173

shall have the power and the duty to control and prohibit

174

pollution of air and water in accordance with the law and rules

175

adopted and promulgated by it and, for this purpose, to:

176

(40) Maintain a list of projects or activities that

177

applicants may consider when developing proposals to meet the

178

mitigation or public interest requirements of chapter 253,

179

chapter 373, or this chapter. The contents of such a list are not

180

a rule as defined in chapter 120, and listing a specific project

181

or activity does not imply approval by the department for such

182

project or activity. Each county government is encouraged to

183

develop an inventory of projects or activities for inclusion on

184

the list by obtaining input from local stakeholder groups in the

185

public, private, and nonprofit sectors, including local

186

governments, port authorities, marine contractors, other

187

representatives of the marine construction industry,

188

environmental or conservation organizations, and other interested

189

parties.

190

191

The department shall implement such programs in conjunction with

192

its other powers and duties and shall place special emphasis on

193

reducing and eliminating contamination that presents a threat to

194

humans, animals or plants, or to the environment.

195

Section 5. Subsections (2) and (3) of section 403.813,

196

Florida Statutes, are amended to read:

197

403.813 Permits issued at district centers; exceptions.--

198

(2) A permit is not required under this chapter, chapter

199

373, chapter 61-691, Laws of Florida, or chapter 25214 or chapter

200

25270, 1949, Laws of Florida, and a local government may not

201

require further verification from the department for activities

202

associated with the following types of projects; however, except

203

as otherwise provided in this subsection, nothing in this

204

subsection does not relieve relieves an applicant from any

205

requirement to obtain permission to use or occupy lands owned by

206

the Board of Trustees of the Internal Improvement Trust Fund or

207

any water management district in its governmental or proprietary

208

capacity or from complying with applicable local pollution

209

control programs authorized under this chapter or other

210

requirements of county and municipal governments:

211

(a) The installation of overhead transmission lines, with

212

support structures which are not constructed in waters of the

213

state and which do not create a navigational hazard.

214

(b) The installation and repair of mooring pilings and

215

dolphins associated with private docking facilities or piers and

216

the installation of private docks, piers and recreational docking

217

facilities, or piers and recreational docking facilities of local

218

governmental entities when the local governmental entity's

219

activities will not take place in any manatee habitat, any of

220

which docks:

221

1. Has 500 square feet or less of over-water surface area

222

for a dock which is located in an area designated as Outstanding

223

Florida Waters or 1,000 square feet or less of over-water surface

224

area for a dock which is located in an area which is not

225

designated as Outstanding Florida Waters;

226

2. Is constructed on or held in place by pilings or is a

227

floating dock which is constructed so as not to involve filling

228

or dredging other than that necessary to install the pilings;

229

3. Shall not substantially impede the flow of water or

230

create a navigational hazard;

231

4. Is used for recreational, noncommercial activities

232

associated with the mooring or storage of boats and boat

233

paraphernalia; and

234

5. Is the sole dock constructed pursuant to this exemption

235

as measured along the shoreline for a distance of 65 feet, unless

236

the parcel of land or individual lot as platted is less than 65

237

feet in length along the shoreline, in which case there may be

238

one exempt dock allowed per parcel or lot.

239

240

Nothing in this paragraph shall prohibit the department from

241

taking appropriate enforcement action pursuant to this chapter to

242

abate or prohibit any activity otherwise exempt from permitting

243

pursuant to this paragraph if the department can demonstrate that

244

the exempted activity has caused water pollution in violation of

245

this chapter.

246

247

specifications of boat ramps on artificial bodies of water where

248

navigational access to the proposed ramp exists or the

249

installation of boat ramps open to the public in any waters of

250

the state where navigational access to the proposed ramp exists

251

and where the construction of the proposed ramp will be less than

252

30 feet wide and will involve the removal of less than 25 cubic

253

yards of material from the waters of the state, and the

254

maintenance to design specifications of such ramps; however, the

255

material to be removed shall be placed upon a self-contained

256

upland site so as to prevent the escape of the spoil material

257

into the waters of the state.

258

(d) The replacement or repair of existing docks and piers,

259

except that no fill material is to be used and provided that the

260

replacement or repaired dock or pier is in approximately the same

261

location and no larger in size and in substantially of the same

262

configuration and dimensions as the existing dock or pier being

263

replaced or repaired.

264

(e) The restoration of seawalls at their previous locations

265

or upland of, or within 1 foot waterward of, their previous

266

locations. However, this shall not affect the permitting

267

requirements of chapter 161, and department rules shall clearly

268

indicate that this exception does not constitute an exception

269

from the permitting requirements of chapter 161.

270

(f) The performance of maintenance dredging of existing

271

manmade canals, channels, intake and discharge structures, and

272

previously dredged portions of natural water bodies within

273

drainage rights-of-way or drainage easements which have been

274

recorded in the public records of the county, where the spoil

275

material is to be removed and deposited on a self-contained,

276

upland spoil site which will prevent the escape of the spoil

277

material into the waters of the state, provided that no more

278

dredging is to be performed than is necessary to restore the

279

canals, channels, and intake and discharge structures, and

280

previously dredged portions of natural water bodies, to original

281

design specifications or configurations, provided that the work

282

is conducted in compliance with s. 370.12(2)(d), provided that no

283

significant impacts occur to previously undisturbed natural

284

areas, and provided that control devices for return flow and best

285

management practices for erosion and sediment control are

286

utilized to prevent bank erosion and scouring and to prevent

287

turbidity, dredged material, and toxic or deleterious substances

288

from discharging into adjacent waters during maintenance

289

dredging. Further, for maintenance dredging of previously dredged

290

portions of natural water bodies within recorded drainage rights-

291

of-way or drainage easements, an entity that seeks an exemption

292

must notify the department or water management district, as

293

applicable, at least 30 days prior to dredging and provide

294

documentation of original design specifications or configurations

295

where such exist. This exemption applies to all canals and

296

previously dredged portions of natural water bodies within

297

recorded drainage rights-of-way or drainage easements constructed

298

prior to April 3, 1970, and to those canals and previously

299

dredged portions of natural water bodies constructed on or after

300

April 3, 1970, pursuant to all necessary state permits. This

301

exemption does not apply to the removal of a natural or manmade

302

barrier separating a canal or canal system from adjacent waters.

303

When no previous permit has been issued by the Board of Trustees

304

of the Internal Improvement Trust Fund or the United States Army

305

Corps of Engineers for construction or maintenance dredging of

306

the existing manmade canal or intake or discharge structure, such

307

maintenance dredging shall be limited to a depth of no more than

308

5 feet below mean low water. The Board of Trustees of the

309

Internal Improvement Trust Fund may fix and recover from the

310

permittee an amount equal to the difference between the fair

311

market value and the actual cost of the maintenance dredging for

312

material removed during such maintenance dredging. However, no

313

charge shall be exacted by the state for material removed during

314

such maintenance dredging by a public port authority. The

315

removing party may subsequently sell such material; however,

316

proceeds from such sale that exceed the costs of maintenance

317

dredging shall be remitted to the state and deposited in the

318

Internal Improvement Trust Fund.

319

(g) The maintenance of existing insect control structures,

320

dikes, and irrigation and drainage ditches, provided that spoil

321

material is deposited on a self-contained, upland spoil site

322

which will prevent the escape of the spoil material into waters

323

of the state. In the case of insect control structures, if the

324

cost of using a self-contained upland spoil site is so excessive,

325

as determined by the Department of Health, pursuant to s.

326

403.088(1), that it will inhibit proposed insect control, then-

327

existing spoil sites or dikes may be used, upon notification to

328

the department. In the case of insect control where upland spoil

329

sites are not used pursuant to this exemption, turbidity control

330

devices shall be used to confine the spoil material discharge to

331

that area previously disturbed when the receiving body of water

332

is used as a potable water supply, is designated as shellfish

333

harvesting waters, or functions as a habitat for commercially or

334

recreationally important shellfish or finfish. In all cases, no

335

more dredging is to be performed than is necessary to restore the

336

dike or irrigation or drainage ditch to its original design

337

specifications.

338

(h) The repair or replacement of existing functional pipes

339

or culverts the purpose of which is the discharge or conveyance

340

of stormwater. In all cases, the invert elevation, the diameter,

341

and the length of the culvert shall not be changed. However, the

342

material used for the culvert may be different from the original.

343

(i) The construction of private docks of 1,000 square feet

344

or less of over-water surface area and seawalls in artificially

345

created waterways where such construction will not violate

346

existing water quality standards, impede navigation, or affect

347

flood control. This exemption does not apply to the construction

348

of vertical seawalls in estuaries or lagoons unless the proposed

349

construction is within an existing manmade canal where the

350

shoreline is currently occupied in whole or part by vertical

351

seawalls.

352

(j) The construction and maintenance of swales.

353

(k) The installation of aids to navigation and buoys

354

associated with such aids, provided the devices are marked

355

pursuant to s. 327.40.

356

(l) The replacement or repair of existing open-trestle foot

357

bridges and vehicular bridges that are 100 feet or less in length

358

and two lanes or less in width, provided that no more dredging or

359

filling of submerged lands is performed other than that which is

360

necessary to replace or repair pilings and that the structure to

361

be replaced or repaired is the same length, the same

362

configuration, and in the same location as the original bridge.

363

No debris from the original bridge shall be allowed to remain in

364

the waters of the state.

365

(m) The installation of subaqueous transmission and

366

distribution lines laid on, or embedded in, the bottoms of waters

367

in the state, except in Class I and Class II waters and aquatic

368

preserves, provided no dredging or filling is necessary.

369

(n) The replacement or repair of subaqueous transmission

370

and distribution lines laid on, or embedded in, the bottoms of

371

waters of the state.

372

(o) The construction of private seawalls in wetlands or

373

other surface waters where such construction is between and

374

adjoins at both ends existing seawalls; follows a continuous and

375

uniform seawall construction line with the existing seawalls; is

376

no more than 150 feet in length; and does not violate existing

377

water quality standards, impede navigation, or affect flood

378

control. However, in estuaries and lagoons the construction of

379

vertical seawalls is limited to the circumstances and purposes

380

stated in s. 373.414(5)(b)1.-4. This paragraph does not affect

381

the permitting requirements of chapter 161, and department rules

382

must clearly indicate that this exception does not constitute an

383

exception from the permitting requirements of chapter 161.

384

(p) The restoration of existing insect control impoundment

385

dikes which are less than 100 feet in length. Such impoundments

386

shall be connected to tidally influenced waters for 6 months each

387

year beginning September 1 and ending February 28 if feasible or

388

operated in accordance with an impoundment management plan

389

approved by the department. A dike restoration may involve no

390

more dredging than is necessary to restore the dike to its

391

original design specifications. For the purposes of this

392

paragraph, restoration does not include maintenance of

393

impoundment dikes of operating insect control impoundments.

394

(q) The construction, operation, or maintenance of

395

stormwater management facilities which are designed to serve

396

single-family residential projects, including duplexes,

397

triplexes, and quadruplexes, if they are less than 10 acres total

398

land and have less than 2 acres of impervious surface and if the

399

facilities:

400

1. Comply with all regulations or ordinances applicable to

401

stormwater management and adopted by a city or county;

402

2. Are not part of a larger common plan of development or

403

sale; and

404

3. Discharge into a stormwater discharge facility exempted

405

or permitted by the department under this chapter which has

406

sufficient capacity and treatment capability as specified in this

407

chapter and is owned, maintained, or operated by a city, county,

408

special district with drainage responsibility, or water

409

management district; however, this exemption does not authorize

410

discharge to a facility without the facility owner's prior

411

written consent.

412

(r) The removal of aquatic plants, the removal of tussocks,

413

the associated replanting of indigenous aquatic plants, and the

414

associated removal from lakes of organic detrital material when

415

such planting or removal is performed and authorized by permit or

416

exemption granted under s. 369.20 or s. 369.25, provided that:

417

1. Organic detrital material that exists on the surface of

418

natural mineral substrate shall be allowed to be removed to a

419

depth of 3 feet or to the natural mineral substrate, whichever is

420

less;

421

2. All material removed pursuant to this paragraph shall be

422

deposited in an upland site in a manner that will prevent the

423

reintroduction of the material into waters in the state except

424

when spoil material is permitted to be used to create wildlife

425

islands in freshwater bodies of the state when a governmental

426

entity is permitted pursuant to s. 369.20 to create such islands

427

as a part of a restoration or enhancement project;

428

3. All activities are performed in a manner consistent with

429

state water quality standards; and

430

4. No activities under this exemption are conducted in

431

wetland areas, as defined by s. 373.019(25), which are supported

432

by a natural soil as shown in applicable United States Department

433

of Agriculture county soil surveys, except when a governmental

434

entity is permitted pursuant to s. 369.20 to conduct such

435

activities as a part of a restoration or enhancement project.

436

437

The department may not adopt implementing rules for this

438

paragraph, notwithstanding any other provision of law.

439

(s) The construction, installation, operation, or

440

maintenance of floating vessel platforms or floating boat lifts,

441

provided that such structures:

442

1. Float at all times in the water for the sole purpose of

443

supporting a vessel so that the vessel is out of the water when

444

not in use;

445

2. Are wholly contained within a boat slip previously

446

permitted under ss. 403.91-403.929, 1984 Supplement to the

447

Florida Statutes 1983, as amended, or part IV of chapter 373, or

448

do not exceed a combined total of 500 square feet, or 200 square

449

feet in an Outstanding Florida Water, when associated with a dock

450

that is exempt under this subsection or associated with a

451

permitted dock with no defined boat slip or attached to a

452

bulkhead on a parcel of land where there is no other docking

453

structure;

454

3. Are not used for any commercial purpose or for mooring

455

vessels that remain in the water when not in use, and do not

456

substantially impede the flow of water, create a navigational

457

hazard, or unreasonably infringe upon the riparian rights of

458

adjacent property owners, as defined in s. 253.141;

459

4. Are constructed and used so as to minimize adverse

460

impacts to submerged lands, wetlands, shellfish areas, aquatic

461

plant and animal species, and other biological communities,

462

including locating such structures in areas where seagrasses are

463

least dense adjacent to the dock or bulkhead; and

464

5. Are not constructed in areas specifically prohibited for

465

boat mooring under conditions of a permit issued in accordance

466

with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes

467

1983, as amended, or part IV of chapter 373, or other form of

468

authorization issued by a local government.

469

470

Structures that qualify for this exemption are relieved from any

471

requirement to obtain permission to use or occupy lands owned by

472

the Board of Trustees of the Internal Improvement Trust Fund and,

473

with the exception of those structures attached to a bulkhead on

474

a parcel of land where there is no docking structure, shall not

475

be subject to any more stringent permitting requirements,

476

registration requirements, or other regulation by any local

477

government. Local governments may require either permitting or

478

one-time registration of floating vessel platforms to be attached

479

to a bulkhead on a parcel of land where there is no other docking

480

structure as necessary to ensure compliance with local

481

ordinances, codes, or regulations. Local governments may require

482

either permitting or one-time registration of all other floating

483

vessel platforms as necessary to ensure compliance with the

484

exemption criteria in this section; to ensure compliance with

485

local ordinances, codes, or regulations relating to building or

486

zoning, which are no more stringent than the exemption criteria

487

in this section or address subjects other than subjects addressed

488

by the exemption criteria in this section; and to ensure proper

489

installation, maintenance, and precautionary or evacuation action

490

following a tropical storm or hurricane watch of a floating

491

vessel platform or floating boat lift that is proposed to be

492

attached to a bulkhead or parcel of land where there is no other

493

docking structure. The exemption provided in this paragraph shall

494

be in addition to the exemption provided in paragraph (b). The

495

department shall adopt a general permit by rule for the

496

construction, installation, operation, or maintenance of those

497

floating vessel platforms or floating boat lifts that do not

498

qualify for the exemption provided in this paragraph but do not

499

cause significant adverse impacts to occur individually or

500

cumulatively. The issuance of such general permit shall also

501

constitute permission to use or occupy lands owned by the Board

502

of Trustees of the Internal Improvement Trust Fund. No local

503

government shall impose a more stringent regulation, permitting

504

requirement, registration requirement, or other regulation

505

covered by such general permit. Local governments may require

506

either permitting or one-time registration of floating vessel

507

platforms as necessary to ensure compliance with the general

508

permit in this section; to ensure compliance with local

509

ordinances, codes, or regulations relating to building or zoning

510

that are no more stringent than the general permit in this

511

section; and to ensure proper installation and maintenance of a

512

floating vessel platform or floating boat lift that is proposed

513

to be attached to a bulkhead or parcel of land where there is no

514

other docking structure.

515

(t) The repair, stabilization, or paving of existing county

516

maintained roads and the repair or replacement of bridges that

517

are part of the roadway, within the Northwest Florida Water

518

Management District and the Suwannee River Water Management

519

District, provided:

520

1. The road and associated bridge were in existence and in

521

use as a public road or bridge, and were maintained by the county

522

as a public road or bridge on or before January 1, 2002;

523

2. The construction activity does not realign the road or

524

expand the number of existing traffic lanes of the existing road;

525

however, the work may include the provision of safety shoulders,

526

clearance of vegetation, and other work reasonably necessary to

527

repair, stabilize, pave, or repave the road, provided that the

528

work is constructed by generally accepted engineering standards;

529

3. The construction activity does not expand the existing

530

width of an existing vehicular bridge in excess of that

531

reasonably necessary to properly connect the bridge with the road

532

being repaired, stabilized, paved, or repaved to safely

533

accommodate the traffic expected on the road, which may include

534

expanding the width of the bridge to match the existing connected

535

road. However, no debris from the original bridge shall be

536

allowed to remain in waters of the state, including wetlands;

537

4. Best management practices for erosion control shall be

538

employed as necessary to prevent water quality violations;

539

5. Roadside swales or other effective means of stormwater

540

treatment must be incorporated as part of the project;

541

6. No more dredging or filling of wetlands or water of the

542

state is performed than that which is reasonably necessary to

543

repair, stabilize, pave, or repave the road or to repair or

544

replace the bridge, in accordance with generally accepted

545

engineering standards; and

546

7. Notice of intent to use the exemption is provided to the

547

department, if the work is to be performed within the Northwest

548

Florida Water Management District, or to the Suwannee River Water

549

Management District, if the work is to be performed within the

550

Suwannee River Water Management District, 30 days prior to

551

performing any work under the exemption.

552

553

Within 30 days after this act becomes a law, the department shall

554

initiate rulemaking to adopt a no fee general permit for the

555

repair, stabilization, or paving of existing roads that are

556

maintained by the county and the repair or replacement of bridges

557

that are part of the roadway where such activities do not cause

558

significant adverse impacts to occur individually or

559

cumulatively. The general permit shall apply statewide and, with

560

no additional rulemaking required, apply to qualified projects

561

reviewed by the Suwannee River Water Management District, the St.

562

Johns River Water Management District, the Southwest Florida

563

Water Management District, and the South Florida Water Management

564

District under the division of responsibilities contained in the

565

operating agreements applicable to part IV of chapter 373. Upon

566

adoption, this general permit shall, pursuant to the provisions

567

of subsection (3), supersede and replace the exemption in this

568

paragraph.

569

(u) Notwithstanding any provision to the contrary in this

570

subsection, a permit or other authorization under chapter 253,

571

chapter 369, chapter 373, or this chapter is not required for an

572

individual residential property owner for the removal of organic

573

detrital material from freshwater rivers or lakes that have a

574

natural sand or rocky substrate and that are not Aquatic

575

Preserves or for the associated removal and replanting of aquatic

576

vegetation for the purpose of environmental enhancement,

577

providing that:

578

1. No activities under this exemption are conducted in

579

wetland areas, as defined by s. 373.019(25), which are supported

580

by a natural soil as shown in applicable United States Department

581

of Agriculture county soil surveys.

582

2. No filling or peat mining is allowed.

583

3. No removal of native wetland trees, including, but not

584

limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.

585

4. When removing organic detrital material, no portion of

586

the underlying natural mineral substrate or rocky substrate is

587

removed.

588

5. Organic detrital material and plant material removed is

589

deposited in an upland site in a manner that will not cause water

590

quality violations.

591

6. All activities are conducted in such a manner, and with

592

appropriate turbidity controls, so as to prevent any water

593

quality violations outside the immediate work area.

594

7. Replanting with a variety of aquatic plants native to

595

the state shall occur in a minimum of 25 percent of the

596

preexisting vegetated areas where organic detrital material is

597

removed, except for areas where the material is removed to bare

598

rocky substrate; however, an area may be maintained clear of

599

vegetation as an access corridor. The access corridor width may

600

not exceed 50 percent of the property owner's frontage or 50

601

feet, whichever is less, and may be a sufficient length waterward

602

to create a corridor to allow access for a boat or swimmer to

603

reach open water. Replanting must be at a minimum density of 2

604

feet on center and be completed within 90 days after removal of

605

existing aquatic vegetation, except that under dewatered

606

conditions replanting must be completed within 90 days after

607

reflooding. The area to be replanted must extend waterward from

608

the ordinary high water line to a point where normal water depth

609

would be 3 feet or the preexisting vegetation line, whichever is

610

less. Individuals are required to make a reasonable effort to

611

maintain planting density for a period of 6 months after

612

replanting is complete, and the plants, including naturally

613

recruited native aquatic plants, must be allowed to expand and

614

fill in the revegetation area. Native aquatic plants to be used

615

for revegetation must be salvaged from the enhancement project

616

site or obtained from an aquatic plant nursery regulated by the

617

Department of Agriculture and Consumer Services. Plants that are

618

not native to the state may not be used for replanting.

619

8. No activity occurs any farther than 100 feet waterward

620

of the ordinary high water line, and all activities must be

621

designed and conducted in a manner that will not unreasonably

622

restrict or infringe upon the riparian rights of adjacent upland

623

riparian owners.

624

9. The person seeking this exemption notifies the

625

applicable department district office in writing at least 30 days

626

before commencing work and allows the department to conduct a

627

preconstruction site inspection. Notice must include an organic-

628

detrital-material removal and disposal plan and, if applicable, a

629

vegetation-removal and revegetation plan.

630

10. The department is provided written certification of

631

compliance with the terms and conditions of this paragraph within

632

30 days after completion of any activity occurring under this

633

exemption.

634

(3) The provisions of subsection (2) are superseded by

635

general permits established pursuant to ss. 373.118 and 403.814

636

which include the same activities. Until such time as general

637

permits are established, or if should general permits are be

638

suspended or repealed, the exemptions under subsection (2) shall

639

remain or shall be reestablished in full force and effect.

640

Section 6. Notwithstanding any other provisions of law to

641

the contrary, a local government may not require the production

642

of written documentation from the Department of Environmental

643

Protection or a water management district that a project does not

644

require a permit pursuant to s. 403.813(2), Florida Statutes.

645

Section 7. This act shall take effect upon becoming a law.

646

647

================ T I T L E A M E N D M E N T ================

648

And the title is amended as follows:

649

Delete everything before the enacting clause

650

and insert:

651

A bill to be entitled

652

An act relating to environmental resources; amending s.

653

337.0261, F.S.; defining the term "construction materials

654

mining activities"; providing legislative intent;

655

requiring the Department of Transportation to organize and

656

provide administrative support in preparing the Strategic

657

Aggregate Resource Assessment; requiring the department to

658

work with certain agencies and local governments;

659

providing duties for the department, the Florida

660

Geological Survey, the Department of Environmental

661

Protection, and the Department of Community Affairs;

662

providing parameters for the assessment; requiring the

663

Department of Transportation to adopt rules; creating s.

664

373.4146, F.S.; providing an application process for the

665

permitting of mining construction aggregate materials;

666

requiring the Department of Environmental Protection to

667

consider adverse impacts to all wetlands in aggregate

668

mining permits; providing an exemption for the Miami-Dade

669

Lake Belt Area; amending s. 378.412, F.S.; prohibiting

670

local governments from enacting or enforcing ordinances,

671

resolutions, regulations, rules, policies, or other

672

actions that prohibit mining in certain lands zoned for

673

mining, except the Miami-Dade Lake Belt Area; amending s.

674

403.061, F.S.; revising the department's powers and duties

675

to include maintaining a list of projects or activities

676

that applicants may consider when developing proposals for

677

certain projects or activities; amending s. 403.813, F.S.;

678

prohibiting a local government from requiring further

679

verification from the department for certain projects that

680

are exempt from permit requirements other than a general

681

permit; prohibiting local governments from specifying the

682

format for a determination made by the department or a

683

water management district that a proposed project meets

684

authorization requirements; providing an effective date.

4/8/2008 3:05:00 PM 13-06941-08

CODING: Words stricken are deletions; words underlined are additions.