40A-44.301. Conditions for Issuance of Permits

(1) The District shall not issue a permit for a new agricultural water management system impoundment or a farm pond impoundment within:

(a) An Outstanding Florida Water unless the applicant provides reasonable assurance that the proposed activity will be clearly in the public interest per section 373.414, F.S.; or

(b) A stream which has as its headwaters:

1. A steephead ravine, or

2. Tributary streams which are discharging from steephead ravines.

(2) The District, in deciding whether to grant, conditionally grant, or deny a permit under this chapter, will determine whether information submitted by the applicant, or otherwise available to the District, provides reasonable assurance that the surface water project:

(a) Provides adequate flood protection and drainage;

(b) Will not cause unacceptable water quality and quantity impacts on waters and adjacent lands regulated pursuant to chapter 373, F.S.;

(c) Will not cause discharges which result in any violation, in waters of the State, of the standards and criteria of chapters 62-302 and 62-4, F.A.C.;

(d) Will not cause unacceptable adverse impacts on surface and ground-water levels and flows;

(e) Will not cause unacceptable adverse environmental impacts to natural resources, fish, and wildlife;

(f) Can be effectively operated and maintained;

(g) Will not endanger life, health, or safety, or adversely affect property;

(h) Is consistent with generally accepted engineering standards, design and safety practices and Best Management Practices for local conditions as defined in this chapter;

(i) Is consistent with the overall objectives of the District and State Water Policy as established in section 373.016, F.S., rule 40A-44.011 and Chapter 62-40, F.A.C.

(3) For new projects, the District will assume that the applicant has demonstrated the reasonable assurances required in subsection 40A-44.301(2), F.A.C., if the project design, construction, operation and maintenance plans are determined to meet or incorporate the following applicable standards, and if the permit can be conditioned, as provided by rule 40A-44.381, F.A.C., to provide for specific project characteristics and permit administration consideration:

(a) The project has not been sited within a steephead ravine(s), and is not contrary to the public interest per section 373.414, F.S.;

(b) The project has been sited, sized and designed to avoid impacts to endangered or threatened species;

(c) The project has been sited, sized and designed to minimize impacts to species of special concern, existing natural resources, fish, and wildlife;

(d) Erosion control projects have been sited in uplands;

(e) The project utilizes appropriate Best Management Practices and implements a Soil and Water Conservation District approved conservation plan, which provides the water quality assurances required in paragraphs 40A-44.301(2)(b) and (c), F.A.C.;

(f) Outfalls are designed to minimize erosion and, when necessary, to provide energy dissipation and aeraton of discharged water;

(g) Stream management and protection zones are provided above and below authorized structures within the property owned by the permittee;

(h) Adequate erosion and sediment control devices are utilized during construction to prevent downstream violations of water quality;

(i) The project incorporates site specific and applicable engineering standards, design, operation and maintenance measures to provide for the physical safety and stability of the facility;

(j) The project incorporates site specific and applicable design, operation and maintenance measures to provide for the protection and conservation of natural resources;

(k) Impoundment design, construction, operation and maintenance incorporates the following criteria and standards:

1. Design of principal and emergency spillways to pass flood events in a manner that will not threaten life or property. At a minimum, principal and emergency spillways must be designed to pass the appropriate 2- and 25-year, 24 hour storm event. Impoundments with a hazard classification greater than low may have to be designed to pass greater storm events;

2. The project has been sited to minimize cumulative impacts caused by multiple impoundments within a stream by providing separation between impoundments for recovery of stream function and value;

3. The average depth of new impoundments does not exceed 6 feet;

4. Installation of deep water or mid-level water release when the deepest part of an impoundment exceeds 10 feet. Design of these types of release must provide for the prevention of bottom scouring or sediment release;

5. New impoundment surface water area at normal pool is not greater than 6 acres;

6. Impoundment design and operation provides for water level fluctuation and for full drawdown;

7. Creation of wetland littoral zones to water depths of 3 feet. Organic or mucky soils excavated during construction of permitted structures shall be stockpiled and used in the creation of littoral zones;

8. Location of borrow pits in uplands or in other locations which maximize littoral zone creation;

9. Cutting and removal of trees and shrubs from the area of innundation to minimize nutrient imbalance in the impoundment. Disturbance to soils and topography shall be minimized; and,

10. Upland buffer zones are utilized to provide runoff filtration, water quality enhancement, and to control erosion.

(4) For projects involving the reconstruction, repair or alteration of existing facilities, as defined in subsection 40A-44.021(5), F.A.C., the District will assume that the applicant has demonstrated the reasonable assurances required in subsection 40A-44.301(2), F.A.C., if the project design, construction, operation and maintenance plans are determined to meet or incorporate the following standards and criteria, and if the permit can be conditioned, as provided by rule 40A-44.381, F.A.C., to provide for specific project characteristics and permit administration consideration:

(a) The project has incorporated all applicable standards in subsection 40A-44.301(3), F.A.C.;

(b) Any proposed expansion of the storage capacity of an existing impoundment will be for safety or primarily for irrigation or livestock watering. Expansion for irrigation or livestock watering shall be sized to provide the water needs of these uses;

(c) The proposed reconstruction, repair or alteration is designed to avoid impacts to endangered or threatened species, and species of special concern;

(d) The proposed reconstruction, repair or alteration is designed to minimize impacts to existing natural resources, fish, and wildlife;

(e) The project incorporates site specific and applicable engineering standards, design, operation and maintenance measures to provide for the physical safety and stability of the facility; and,

(f) The project incorporates site specific and applicable design, operation and maintenance measures to provide for the protection and conservation of natural resources.

(5) For projects which do not meet or incorporate the standards and criteria in subsections 40A-44.301(3) and (4), F.A.C., the District, in deciding if the reasonable assurances of subsection 40A-44.301(2), F.A.C., can be met, will consider the following additional criteria:

(a) Whether the project will degrade Outstanding Florida Waters, Class I waters, or steephead ravines;

(b) Whether the project, if a stream impoundment, will be primarily used for irrigation or livestock watering and has been sized to provide the water needs of these uses;

(c) Whether the project will result in violations of State water quality standards and criteria pursuant to chapters 62-302 and 62-4, F.A.C.;

(d) Whether the project will adversely affect natural resources, fish, and wildlife, including endangered or threatened species and species of special concern;

(e) Whether the project will adversely affect fishing or recreational values, or marine productivity in the vicinity and downstream of the project;

(f) Whether the project will result in, or contribute to, cumulative impacts which will degrade waters in the State. In determining whether unacceptable cumulative impacts may occur, the District will consider:

1. The impact of the project for which the permit is sought; and,

2. The impact of projects which are existing or under construction or for which permits have been sought.

(6) If a permit application does not provide the reasonable assurances or meet the design and evaluation criteria set forth in subsections 40A-44.301(2)-(5), F.A.C., the District will consider proposals of other measures that can be taken to mitigate the adverse impacts which may be caused by the project.

(7) Project plans and specifications for permits required under:

(a) Paragraph 40A-44.041(2)(a), F.A.C., must be signed and sealed by a professional engineer registered in the State of Florida pursuant to chapter 471, F.S., or are in accordance with the United States Department of Agriculture Natural Resources Conservation Service Standards and Specifications and have been approved by a Soil and Water Conservation District created pursuant to chapter 582, F.S.

(b) Paragraph 40A-44.041(2)(c), F.A.C., must be signed and sealed by a professional engineer registered in the State of Florida, pursuant to chapter 471, F.S., or are in accordance with the United States Department of Agriculture Natural Resources Conservation Service Standards and Specifications and have been approved by a Soil and Water Conservation District created pursuant to chapter 582, F.S. However, plans and specifications for any dam exceeding 25 feet in height or impounding more than 50 acre-feet of water must be signed and sealed by a professional engineer registered in the State of Florida, pursuant to chapter 471, F.S.

Rulemaking Authority 373.044, 373.113, 373.414, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426 FS. History–New 10-1-84, Amended 7-1-92, 3-27-19.