40C-44.071. Relationship to Other Permitting Requirements

(1) In order to comply with the performance standards in this rule or implement water quality practices outlined in rule 40C-44.066, F.A.C., some existing agricultural surface water management systems may require minor alterations.

(2) Alterations of existing agricultural surface water management systems, which would otherwise require permits pursuant to paragraph 62-330.020(2)(a), F.A.C., will be considered minor alterations and will qualify for an individual environmental resource permit, pursuant to this chapter, provided they do not increase the peak discharge rate and total discharge volume, when applicable (“Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District”, Section 3.2), or alter off-site storage and conveyance capabilities of the water resource (“Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District” Section 3.3), or adversely affect wetland functions, (“Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)” Section 10.2.2) or increase the off-site pollutant loading (“Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District” Section 4.0), all as incorporated by reference in paragraph 40C-4.091(1)(a), F.A.C., or implemented pursuant to paragraph 373.4131(2)(a), F.S. (2012), as applicable.

(3) The following activities, for the purposes of this rule, are presumed to be minor alterations:

(a) Regrading or reconfiguring of ditches and other conveyance systems necessary to implement a management practice recommended by a Conservation Plan, pursuant to subsection 40C-44.021(4), F.A.C. or listed in rule 40C-44.066, F.A.C.,

(b) Installation of new internal ditches or other conveyance systems necessary to implement a management practice recommended by a Conservation Plan, pursuant to subsection 40C-44.021(4), F.A.C. or listed in rule 40C-44.066, F.A.C.,

(c) Installation of internal water control structures necessary to implement a management practice recommended by a Conservation Plan, pursuant to subsection 40C-44.021(4), F.A.C. or listed in rule 40C-44.066, F.A.C.,

(d) Modification or expansion of existing detention ponds within previously diked areas, provided that public safety concerns related to levee failure are addressed, no floodplain encroachment occurs, and impacts to wetlands do not require a permit pursuant to paragraph 62-330.020(2)(a), F.A.C.,

(e) Construction of new detention ponds within previously diked areas, provided that public safety concerns related to levee failure are addressed, no floodplain encroachment occurs, and impacts to wetlands do not require a permit pursuant to paragraph 62-330.020(2)(a), F.A.C.

(4) Whenever the alteration, modification or construction of a new or existing agricultural surface water management system requires that an environmental resource permit be secured pursuant to paragraph 62-330.020(2)(a), (b), (c), (d), (e), (f), (g), (h) or (j) or section 1.2.2 “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District” as incorporated by reference in paragraph 40C-4.091(1)(a), F.A.C., the performance standards and water quality practices established in this chapter shall be reviewed as part of those permit applications. A separate permit application under this chapter shall not be required. However, the applicant must provide the required technical information as part of those applications to demonstrate compliance with this chapter.

(5) If the District determines that site-specific alternative criteria, as described in rule 62-302.800, F.A.C., may be appropriate for a water body, based on the results of a basin-specific study or Surface Water Improvement and Management Plan, the District will submit this documentation to the Department of Environmental Protection.

Rulemaking Authority 373.044, 373.113, 373.171, 373.4131, 373.416, 373.418 FS. Law Implemented 373.4131, 373.416, 373.418 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95, 11-11-03, 10-1-13, 6-1-18.