The purpose and effect of this rulemaking is to amend rules of the Suwannee River Water Management District (District) consistent with section 373.4131, F.S., which requires the Florida Department of Environmental Protection (DEP) in coordination ...

 

WATER MANAGEMENT DISTRICTS
Suwannee River Water Management District

RULE NOS.:RULE TITLES:
40B-4.1020Definitions
40B-4.1030Implementation
40B-4.1040Permits Required
40B-4.1050Permit Fees (Repealed)
40B-4.1060Recognition of Comparable Regulatory Programs
40B-4.1070 Exemptions
40B-4.1090Publications and Agreements Incorporated by Reference
40B-4.1100Duration of Permits
40B-4.1110Modification of Permits
40B-4.1120Revocation of Permits
40B-4.1130Transfer of Permits
40B-4.1140Limiting Conditions on Permits
40B-4.1150 Emergency Authorization
40B-4.1170Inspections and Enforcement
40B-4.2010General Environmental Resource Permits
40B-4.2020Content of Environmental Resource Permit Application
40B-4.2030Conditions for Issuance of Environmental Resource Permits
40B-4.2035Minimum Operation and Maintenance Entity Requirements
40B-4.2040 Minimum Operation and Maintenance Standards
40B-4.3000Adopted Works of the District
40B-4.3010General Works of the District Development Permits
40B-4.3020Content of District Floodway Development Permit Applications
40B-4.3030Conditions for Issuance of Works of the District Development Permits
40B-4.3035Minimum Operation and Maintenance Standards
40B-4.3040Unlawful Use of Works of the District
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to amend rules of the Suwannee River Water Management District (District) consistent with Section 373.4131, F.S., which requires the Florida Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental resource permit (ERP) rules. These rules are to rely primarily upon existing rules of DEP and the WMDs, but may be revised as necessary to achieve a more consistent, effective, and streamlined approach in the state’s ERP program. To implement Section 373.4131, F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. DEP also intends to incorporate by reference documents that will be known as an Applicant’s Handbook (AH). Two volumes of the AH will apply in each WMD: (1) one volume that will include general and environmental criteria and procedures and forms, which volume will apply statewide (AH Volume I); and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD. DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will necessitate changes to the District’s Chapter 40B-4, F.A.C.
SUMMARY: This proposed rule will repeal and remove all ERP rules and references. Rule 40B-4.2010 which listed the types of environmental permits will be repealed. Rule 40B-4.2020 which listed the content of the Environmental permit application will be repealed. Rule 40B-4.2030 which listed the conditions of issuance will be repealed. Rule 40B-4.2035 which list the types of Operation and maintenance entities will be repealed. Rule 40B-4.2040 which listed the minimum operation and maintenance requirements will be repealed. Rule 40B-4, F.A.C. will become strictly a Works of the District rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:
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.
RULEMAKING AUTHORITY: 120.54(5), 373.044, 373.113 FS.
LAW IMPLEMENTED: 120.54(5), 120.60, 369.316, 369.318, 373.016(2), 373.085, 373.106, 373.109, 373.118, 373.119, 373.171, 373.406, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.418, 373.426, 373.439, 403.812, 403.813 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Leroy Marshall II, Senior Professional Engineer, SRWMD, 9225 C.R. 49, Live Oak, Florida 32060, [phone] or [phone] (FL only)

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-7.1010 No change.

 

40B-4.1020 Definitions.

(1) through (2) No change. 

(3) “Conservation Plan” means a formal document, prepared or approved by the local Soil and Water Conservation District organized pursuant to Chapter 582, F.S., which outlines a system of management practices to control soil erosion, reduce sediment loss, or protect the water quality on a specific parcel of property.

(3)(4) “Conversion” means a man-made change to a wetland as defined in Section 373.019(22), F.S., or surface water by draining, filling, or other means which results in the permanent change of the wetland or surface water to an upland.

(5) “Critical Duration” means the duration of a specific storm event (i.e., 100-year storm) which creates the largest volume or highest rate of net stormwater runoff (post-development runoff less pre-development runoff) for typical durations up through and including the 10-day duration event. The critical duration is determined by comparing various durations of the specified storm and calculating the peak rate and volume of runoff for each. The duration resulting in the highest peak rate or largest total volume is the “critical duration” storm.

(6) “Detention” or “To Detain” means the collection and temporary storage of stormwater in such a manner as to provide for treatment through physical, chemical, or biological processes with subsequent gradual release of stormwater.

(4) (7) “Development” means any man-made change to improved or unimproved real estate within a work of the district including but not limited to, construction of surfacewater management systems, works, appurtenant works, structures, mining, dredging, filling, grading, paving, excavation, drilling operations, development of sewage disposal systems, or the alteration of the topography of a tract of land for purposes consistent with the occupation of agriculture, silviculture, floriculture, or horticulture including agricultural closed systems.

(5)(8) “Direct Hydrologic Connection” means a natural connection which occurs on an average of 30 or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of naturally occurring wetlands may be used to establish a direct hydrologic connection.

(9) “Effective Grain Size” means the diameter of filter sand or other aggregate that corresponds to the 10th percentile finer by dry weight on the grain size distribution curve.

(6)(10) “Engineer” means a professional engineer registered in Florida, or other person exempted pursuant to the provisions of Chapter 471, F.S., who is competent in the fields of hydrology and stormwater control.

(11) “Existing Surfacewater Management System” means any surfacewater management system including an individual work upon which construction is complete and the system is in operation on the effective date of this chapter, or any system which has received construction authorization pursuant to a permitting program established under the authority of Chapter 373 or 403, F.S., prior to the effective date of this chapter. In addition, a redevelopment project, including drainage improvements, street paving, or stormwater improvements, which has received funding approval in a local unit of government’s fiscal year 1985-1986 budget or for which federal or state grant funds have been committed prior to the effective date of this chapter shall be considered an existing system.

(12) “Filtration” or “To Filter” means selective removal of suspended matter from stormwater by passing the water through at least two feet of suitable fine textured granular media such as porous soil, uniformly graded sand and gravel, or other natural or artificial aggregate, which may be used in conjunction with filter fabric and/or underdrain pipe.

(7)(13) “Floodway” or “Regulatory Floodway” means the channel of a river, stream, or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood/one percent annual change of flood without cumulatively increasing the 100-year flood/one percent annual chance of flood elevation more than a designated height. Unless otherwise noted, all regulatory floodways in the Suwannee River Water Management District provide for no more than one-foot rise in water surface elevations.

(8) (14) “Governing Board” means the governing board of a water management district. Unless used in a different context, “governing board” or “board” means the governing board of the Suwannee River Water Management District.

(15) “Impervious” means land surfaces which do not allow, or minimally allow, the penetration of water; included as examples are building roofs and normal concrete and asphalt pavements.

(16) “Minimum Level” means the level of the water table or of the potentiometric surface in an aquifer or the level of surface water at which further withdrawals would be significantly harmful to the water resources of the area.

(9)(17) “Minimum Rate of Flow” means the limit at which further withdrawals from a stream or other watercourse would be significantly harmful to water resources or ecology of the area.

(18) “New Surfacewater Management System” or “New Works” means any system or work which is not an existing system.

(10)(19) “New Development” means any development as defined herein which:

(a) and (b) No change.

(c) Involves alteration of any work or development appurtenant works or surfacewater management system in a work of the district.

(11)(20) “Obstruction” means any fill, structure, work, appurtenant work, or surfacewater management system placed in waters, a floodway, or a work of the district which may impede the flow of water or otherwise result in increased water surface elevations.

(12)(21) “Project Area” means the total land area owned or controlled by the applicant which will be serviced or affected by a surfacewater management system or work.

(22) “Retention” or “To Retain” means the prevention of, or to prevent the discharge of, a given volume of stormwater runoff by complete on-site storage.

(23) “Stormwater” means the flow of water which results from, and which occurs immediately following a rainfall event.

(13)(24) “Structure” means anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on the land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently.

(25) “Subdivision” means the platting of real property into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division. Subdivision includes the establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, subdivision applies to the process of subdividing or to the lands or area to be subdivided.

(14)(26) “Substantial Improvement” means any repair, reconstruction, rehabilitation or improvement of a structure, the cost of which exceeds, over a five year period a cumulative total of 50 percent of the market value of the structure either:

(a) and (b) No change.

(15)(27) “Surveyor” or “Professional Land Surveyor” means a person who is registered to engage in the practice of land surveying under Sections 472.001 through 472.039, F.S.

(28) “Uniformity Coefficient” means the number representing the degree of homogeneity in the distribution of particle sizes of filter sand or other granular material. The coefficient is calculated by determining the D60/D10 ratio where D10 and D60 refer to particle diameter corresponding to the 10th and 60th percentile of the material which is finer by dry weight.

(16)(29) “Water Management District” means any flood control, resource management, or water management district operating under the authority of Chapter 373, F.S. Unless otherwise stated, water management district or district shall refer to the Suwannee River Water Management District.

(30) “Watershed” means the land area which contributes to the flow of water into a receiving body of water. Watersheds are subdivided into the following types;

Coastal: watershed areas contributing runoff to the Gulf of Mexico by sheet flow or coastal streams which are subject to tidal effect.

Stream: watershed areas contributing runoff to a stream or river.

Lake-Open: watershed areas contributing runoff to a lake which has an outfall.

Lake-Closed: watershed areas contributing runoff to a lake which does not have an outfall.

Stream-Sink: watershed areas contributing runoff to a stream which recharges an aquifer through a sinkhole under normal flow.

Internal Drainage: watershed areas without well defined surfacewater drainage patterns and where runoff, if it occurs, infiltrates as recharge following a rain event.

(17) Work or “Works” means all artificial structures, including, but not limited to, ditches, canals, conduits, channels, culverts, pipes, and other construction that connects to, draws water from, drains water into, or is placed in or across the waters in the state and includes all types of dredging and filling to create, remove, or located in, on, or over wetlands or other surface waters.

(18)(31) “Work of the District” means those projects and works including, but not limited to, structures, impoundments, wells, streams, and other watercourses, together with the appurtenant facilities and accompanying lands, which have been officially adopted by the governing board as works of the district. Works of the district officially adopted by the board are adopted by rule in Rule 40B-4.3000, F.A.C., of this chapter.

 

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.019, 373.403 FS. History–New 9-25-85, Amended 12-22-92, 10-3-95, 5-13-07, 2-28-12 [DATE]..

40B-4.1030 Implementation.

The implementation dates of this chapter are as follows:

(1) January 1, 1986 for paragraph 40B-4.1040(1)(a), F.A.C., which requires persons to obtain surfacewater management permits.

(1)(2) April 1, 1986 for paragraph 40B-4.1040(1)(b)(a) and Rule 40B-4.3040, F.A.C., which require persons to obtain works of the district development permit if the proposed development is in one of the following areas adopted as a work of the district.

(a) through (d) No change.

(2)(3) July 1, 1986 for paragraph 40B-4.1040(1)(b)(a) or 40B-4.3040, F.A.C., which require persons to obtain work of the district development permit if the proposed development is in one of the following areas adopted as a work of the district.

(a) and (b) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.409, 373.413, 373.416, 373.426 FS. History– New 9-25-85 Amended [DATE]..

40B-4.1040 Permits Required.

(1) Permits are required as follows:

(a) Environmental resource permit prior to initiating any project which involves draining, developing, or subdividing property, construction of roads or bridges, commercial or industrial developments, and agricultural or forestry activities, including dredging or filling, or the construction, alteration, maintenance, operation, or abandonment of any dam, impoundment, reservoir, appurtenant works, works, or surfacewater management system.

(a)(b) Works of the district development permit prior to initiating any project which involves draining, developing, construction of roads or bridges, commercial or industrial developments, and agricultural or forestry activities, including dredging of filling, or the construction, alteration, maintenance operation, or abandonment of any dams, impoundment reservior, appurtenant works, works or surfacewater system as outlined in paragraph (a) above within a regulatory floodway as defined within this chapter.

(b)(c) When the need to obtain a works of the district development permit is in conjunction with the requirements for obtaining an environmental resource permit, application shall be made and shall be considered by the district as part of the request for an environmental resource permit application.  In such cases the environmental resource permit shall include the requirements of this chapter.  Otherwise, a separate works of the district development permit must be obtained.

(2) Works of the District Each of the foregoing permits may be issued in one of fivefour forms as follows:

(a) and (b) No change.

Unless a general permit is authorized pursuant to this chapter, an individual or conceptual approval permit is required.

(c) Individual permits are issued for projects which may have significant impacts on water and related land resources and require governing board action.

(d) Conceptual approval permits are issued for projects which are expected to occur in phases or over long periods of time and also require governing board action. However, conceptual approval permits cannot authorize actual construction.

(e) Abandonment permits are issued for projects which propose to remove works or development in a work of the district.

(3) Specific procedures, noticing or application requirements, and conditions for issuance of environmental resource permits or works of the district development permits are detailed in Rule 40B-1.703, F.A.C., or Part II or Part III of this chapter or Chapter 40B-400, F.A.C., including any materials adopted by reference thereto.

(3) Chapter 93-213, Laws of Florida, amended Chapters 373 and 403, F.S., to provide for consolidation and streamlining of permitting programs of the district and Department. Chapter 93-213, L.O.F., required a series of rule amendments by the water management districts and Department to accomplish the streamlining and consolidation. The adoption of Chapter 40B-400, F.A.C., was the first significant rulemaking effort of the district necessary to comply with the provisions of Chapter 93-213, L.O.F. The provisions of Chapter 40B-400, F.A.C., are supplemental to this chapter. Subsequent to the effective date of Chapter 40B-400, F.A.C., permits required by this chapter which have been known as surfacewater management permits will be henceforth titled Environmental Resource Permits. Subsequent to the effective date of Chapter 40B-400, F.A.C., if a provision of this chapter is found to be in conflict with a provison of Chapter 40B-400, F.A.C., the provisions of Chapter 40B-400, F.A.C., shall govern.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.413, 373.416, 373.426 FS. History–New 9-25-85, Amended 12-22-92, 10-3-95, 10-18-04,  [DATE].

 

40B-4.1050 Permit Fees.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109 FS. History–New 9-25-85, Amended 6-16-88, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

 

40B-4.1060 Recognition of Comparable Regulatory Programs.

The district recognizes that regulatory and permitting programs exist or may be developed in the future by local units of government, state, or federal agencies which may overlap with some or all of the requirements of this chapter. In order to avoid duplication, an applicant may use any forms, plans, specifications, drawings, calculations, or other data developed to support an application for a permit required by a local unit of government, other state, or federal agency, pursuant to any rules which establish requirements equal to or more stringent than these rules in lieu of any such submittals required by Rule 40B-4.2020 or 40B-4.3020, F.A.C., of this chapter.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.085, 373.413 FS. History–New 9-25-85, Amended 9-13-04, [DATE].

 

40B-4.1070 Exemptions.

(1) The following activities are exempt from the requirements of obtaining environmental resource permits specified in paragraph 40B-4.1040(1)(a), F.A.C.:

(a) The activities which are exempt pursuant to Section 373.406, F.S., are as follows:

1. The alteration of the topography of any tract of land for purposes consistent with the practice of agriculture, silviculture, floriculture, or horticulture so long as such alteration is not for the sole or predominant purpose of impounding or obstructing surface waters.

2. The construction, operation, or maintenance of any agricultural closed system; however, this exemption does not eliminate the necessity of meeting generally accepted engineering practices for the construction, operation, and maintenance of dams, dikes, or levees.

(b) Surfacewater management system where the sole purpose of such a system is to facilitate the construction, reconstruction, alteration, or maintenance of a structure or structures for private residential use which will have less than 0.25 acres of total impervious surface (including buildings and paved areas such as driveways, carports, etc.) within the project area, provided such residential structures are not placed in waters or result in the destruction of wetlands. This exemption does not apply to construction which will impound surface waters, the development of a system servicing industrial or commercial land uses, or subdivisions.

(c) Surfacewater management system which will connect to a system permitted and constructed pursuant to this chapter providing the permit for the permitted system anticipated the connection or it is modified to include the connection and the system is functioning as permitted.

(d) Culverts (or similarly functioning works) used in conjunction with the maintenance or repair of existing agricultural or forestry roads in upland areas where the culvert is not placed in a stream or wetland and its predominant purpose is to provide conveyance of sheet flow that would be impeded without the culvert.

(e) Existing surfacewater management systems which are maintained and operated (not altered), provided the system is not or does not become a danger to public health or safety.

(f) Connections or additions to existing surfacewater management systems owned, operated, and maintained by a unit of local (city or county), regional, or state government if the connection or addition is authorized by the local unit of government under a local ordinance or by the unit of regional or state government under a license issued pursuant to Section 120.60, F.S., if:

1. The authorization or license requires control of post development runoff rates and/or volumes in a manner consistent with the requirements of Rule 40B-4.2030, F.A.C.;

2. Such connections or additions do not require alteration of the existing system; and

3. Such connections or additions do not cause the existing system to become a hazard to the public health, safety, or general welfare.

(g) The construction of the following minor roadway safety projects provided that the capacity of existing swales, ditches, or other storm water management systems is not reduced and the projects are located completely within uplands:

1. Sidewalks that have a width of six feet or less,

2. Turn lanes less than 0.25 miles in length and other intersection improvements,

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

(h) Recreational paths that have a width of eight feet or less for one-lane paths and twelve feet or less for two-lane paths and which do not allow motorized vehicles powered by internal combustion engines, except for maintenance and emergency vehicles.

(1)(2) The following activities are exempt from the requirements for obtaining works of the district development permits specified in paragraph 40B-4.1040(1)(a)(b), F.A.C.:

(a) Work or development Development within a work of the district which is completed prior to the implementation dates in Rule 40B-4.1030, F.A.C., or which was authorized by permits issued by any other local, regional, state, or federal agency provided the work or development is in compliance with conditions of all such permits. If a work or development activity is complete and did not previously require permits from any local, regional, state, or federal agency, the activity is exempt including routine custodial maintenance so long as it is not altered or substantially improved.

(b) Alterations to the topography of land which shall include, but not be limited to, plowing, bedding, or minor grading, harvesting or regeneration associated with the normal practices of agriculture, silviculture, or horticulture, whether private or commercial provided:

1. No fill from outside the immediate area of such alterations is used.

2. The erosion of disturbed soils can be controlled through the use of appropriate best management practices.

3. The seasonal scheduling of such activities will avoid work during times of high-flood hazard.

4. The 75 feet immediately adjacent to and including the normally recognized bank of a water is left in its natural state.

(3) The following activities are not subject to the permitting requirements of this chapter:

(c)(a) Construction or maintenance of certain docks, seawalls, bulkheads, mooring pilings, or dolphins which are regulated by the Florida Department of Environmental Protection pursuant to the authority in Section 403.813, F.S.

(d)(b) Work or development Development for an onsite sewage disposal system for a single-family residence which is are regulated by the Florida Department of Health under Chapter 64E-6, F.A.C.

(e)  Projects which have received an authorization under Rule 403.814(12), F.S.

(f)  Structures placed below the natrual grade of the ground outside of the 75 foot setback.

(g) Structures placed above the natural grade of the ground which are less than or equal to 50 square feet of the cross-sectional area of the floodway outside of the 75 foot setback. 

(h) Decrotive landscaping gradens of a reasonable size, which are less than or equal to 6 inches above the natural grade of the ground provided that the decrotive landscape garden is located outside of the 75 foot.

(i) Driveways, sidewalks, and paths which at the driving or walking surface, is less than or equal to 6 inches above the adjacent natural grade of the ground and located outside of the 75 foot steback.

(j) Boardwalks or stairs, waterward of the top of bank, which are no more than 5 feet in width.  If landings are required, each shall be no more than 144 square feet. 

(k) the removal of dead or diseased vegetation.

(2)(4) Upon written request, the district will provide written confirmation that projects such as described in subsection subsections 40B-4.1070(1) through (3), F.A.C., are exempt. Persons making such requests shall state the provision under which a project is considered exempt and may supply any supporting information to substantiate the request. The request must include evidence that the owner of a permitted or existing system will authorize a connection if an exemption under paragraphs 40B-4.1070(1)(c), (e), or (f), F.A.C., is claimed.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.406, 373.416, 373.426 FS. History–New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04, 8-11-10,  [DATE].

40B-4.1080 Procedures and Schedule for Receiving Applications, Comments, Agency Action, and Administrative Hearings.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 120.57, 120.59, 120.60, 373.084, 373.085, 373.086, 373.116, 373.118, 373.413, 373.416, 373.426 FS. History–New 9-25-85, Amended 3-19-86, Repealed 6-16-88.

40B-4.1090 Documents, Publications and Agreements Incorporated by Reference.

(1) No change.

(2) The following Flood Insurance Studies are hereby incorporated by reference and supersede subsection 40B-4.1090(1), F.A.C., for each county listed below:

(a) through (d) No change. 

(e) Hamilton County, Florida and Incorporated Areas, Effective June 4, 2010,

(f)(e) Lafayette County, Florida and Incorporated Areas, Effective September 29, 2006;

(g) Madison County, Florida and Incorporated Areas, Effective May 3, 2010;

(h)(f) Suwannee County, Florida and Incorporated Areas, Effective September 28, 2007;

(i)(g) Taylor County, Florida and Incorporated Areas, Effective May 4, 2009;

(j)(h) Union County, Florida and Incorporated Areas, Effective February 4, 2009.

(k) Bradford County, Florida and Incorporated Areas, Effective May 2, 2012

(l) Levy County, Florida and incorporated Areas, Effective November 2, 2012

(m) Jefferson County, Florida and Incorporated Areas, Effective July 16, 1991

(3) The Governing Board hereby adopts by reference the “Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual”, effective July 2008. This is available at District headquarters and on the District’s website.

(4) The Governing Board hereby adopts the Applicants’ Hanbook Volume II effective March 1, 2013.  This is available at district headquaters and on the District’s website.

(5)  The Governing Board hereby adopts by reference the  “Urban Hydrology for Small Watersheds”, U.S. Department of Agriculture, Soil Conservation Service, Engineering Division, Technical Release 55, June 1986; and, “Buffer Zone Study for Suwannee River Water Management District”, Dames and Moore, September 8, 1988. This is available at district headquaters and on the District’s website.

(6)  The Governing Board hereby adaopts by reference the “Standard Methods for the Examination of Water and Wastewater” by the American Public Health Association or “Methods for Chemical Analysis of Water and Wastes” by the U.S. Environmental Protection Agency.  This is available at district headquaters and on the District’s website.

(7)  The Governing Board hereby adaopts by reference the latest version of the “Florida Standard Specification for Road and Bridge Construction”.  This is available at district headquaters and on the District’s website.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044 FS. Law Implemented 373.083, 373.084, 373.085, 373.086, 373.413, 373.416 FS. History–New 11-21-02, Amended 5-13-07, 4-21-08, 4-30-09, 8-31-09, 3-14-11,  [DATE].

40B-4.1100 Duration of Permits.

(1) The standard duration of permits issued pursuant to this chapter shall be as follows:

(a) Three years duration for noticed general permits authorizing the construction or alteration of a work or development in a works of the district.  When a permit is issued for construction or alteration and the subsequent operation and maintenance, the portion of the permit authorizing construction or alteration shall be limited to three years from the date of issuance.  The portion of the permit for the subsequent operation and manitenance shall be perpetual.

(b)(a) Three years duration for general permits authorizing the construction or alteration of a surfacewater management system or work or development in a works of the district.work unless the construction involves or affects a works of the district development permit. In the latter event, the duration shall be specified as a limiting condition on the permit. When a permit is issued for construction or alteration and the subsequent operation and maintenance, the portion of the permit authorizing construction or alteration shall be limited to three years from the date of issuance.  The portion of the permit for the subsequent operation and manitenance shall be perpetual.

(c)(b) Five years’ duration for individual permits authorizing the construction or alteration of a surfacewater management system or work or development in a works of the district work unless the construction involves or affects a works of the district development permit. In the latter event, the duration shall be specified as a limiting condition on the permit but shall not exceed five years. When a permit is issued for construction or alteration and the subsequent operation and maintenance, then the portion of the permit authorizing construction or alteration shall be limited to five years from the date of issuance. Individual permits shall not be extended.  The portion of the permit for the subsequent operation and manitenance shall be perpetual.

(d) Five years’ duration for conceptual approval permits unless, within that period, application for a works of the district permit for any part of the project is filed. If such application is filed, the conceptual approval permit is valid for the duration of the project.

(e) Five years duration for abandonment permits to remove a work or development in a work of the district. 

(c) Perpetual duration for permits authorizing the operation and maintenance of a surfacewater management system or work.

(d) Five years’ duration for conceptual approval permits unless, within that period, application for a construction, alteration, operation, and maintenance permit for any part of the project is filed. If such application is filed, the conceptual approval permit is valid for the duration of the project. Conceptual approval permits shall not be extended.

(e) As specified on the permit for any permit to abandon a system or work but not to exceed five years.

(2) Permits may be authorized with durations that are less than the standard durations found in subsection 40B-4.1100 (1), F.A.C.  authorizing the construction, alteration, or abandonment of a system or work shall expire as specified in the permit.

(3) Permits may not be authorized with durations that are greater than the standard durations found in subsection 40B-4.1100(1), F.A.C.

(4) Permits shall not be extended.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.084, 373.085, 373.413, 373.416, 373.426 FS. History–New 9-25-85, Amended 12-22-92, 9-13-04, [DATE].

40B-4.1110 Modification of Permits.

(1) No change.

(2) The district may modify a permit issued pursuant to this chapter at any time if it determines that the permitted surfacewater management system, work, or development in a work of the district has or may become a danger to public health or safety or is in violation of any district rule or order or the conditions of the permit. Before any such modification, the district shall give affected persons notice of the proposed modification with the reasons for such modification and reference to applicable district rule, order, or permit conditions. The notice shall state that affected persons may request an administrative hearing by filing a petition for such hearing with the district. In no event shall the time for filing said petitions be more than 14 days from the date the notice was sent or published, and no such modification shall be made without a hearing if requested.

(3) If the executive director determines that the danger to the public is imminent, he may order a temporary suspension of construction, alteration, repair, or operation of the system, work, or development in a work of the district; or he may specify temporary conditions for continued operation, alteration, repair, or development until a hearing is complete or the district otherwise issues a final order; or the executive director may take appropriate action pursuant to Rule 40B-4.1170, F.A.C.

(4) No change.

(5) Requests to modify permits for construction or operation, applications may be filed by letter request provided the modification does not:

(a) Request a substantial change in the permit authorization; or

(b) Increase the off-site discharge;

(c) Decrease the required detention or retention;

(b)(d) Increase calculated 100 year flood/one percent chance elevations.  Decrease (lower) required flood control elevations of roads or buildings; or

(e) Decrease stormwater treatment quantities or efficiency.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.57, 120.60, 373.084, 373.085, 373.429, 373.439 FS. History–New 9-25-85, Amended 12-22-92, [DATE].

40B-4.1120 Revocation of Permits.

(1) The district may revoke a permit if it determines that a surfacewater management system, work or development in a work of the district work, or appurtenant work has become a danger to the public health or safety or is in violation of any district rule or order or the conditions of the permit.

(2) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.57, 120.60, 373.084, 373.085, 373.429 FS. History–New 9-25-85, Amended  [DATE].

40B-4.1130 Transfer of Permits.

(1) Noticed General, General, and Conceptual works of the district development permits shall automatically transfer to operation and maintenance entity or the new owner upon his taking title to the lands involved in such a permit. No notice to the district shall be required for such transfers transfer unless specifically required as a limiting condition on the permit.

(2) Environmental resource permits for operation and maintenance will be transferred to the responsible entity for such operation and maintenance upon completion of all work specified in the permit to construct, alter or abandon, provided the permittee notifies the district in accordance with Section 373.416(2), F.S., within 30 days of the sale or conveyance of the system, work, appurtenant work or works, or the land on which the permitted project is located.

(3) A permittee may apply for transfer of a surfacewater management permit to construct or alter a surfacewater management system pursuant to the requirements of this chapter and upon submission of any fee required by Rule 40B-1.706, F.A.C. However, a surfacewater management permit to construct or alter a system will not be transferred after the expiration date of any such permit.

(2)(4) Individual, and abandonment permits shall not be automatically transferred.  After completion of construction or removal of the work or development in a work of the district, surfacewater management system and any required approvals by the district, the district will transfer the operational and maintenance phase of the permit to the accepted operational entity identified in the permit.  When a new entity becomes the owner of the system, the permittee and new owner shall notify the District of the sale and new entity responsibilities.  The District shall transfer the permit to the new operation and maintenance entity.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.413, 373.416 FS. History–New 9-25-85, Amended 12-22-92, 9-13-04,  [DATE].

 

40B-4.1140 Limiting Conditions on Permits.

(1) No change.

(2) In addition to specific project conditions on any permit, The the following standard limiting conditions shall be a part of all permits issued pursuant to this chapter unless waived or modified by the District.:

(a) No change.

(b)  Immediately prior to, during construction, and for the period of time after construction to allow for stabilization of all disturbed areas, the permittee shall implement and maintain performance based erosion and sediment control best management practices.  All best management practices shall be in accordance with the guidelines and specifications described in the State of Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual.  If project-specific conditions require additional measures beyond those specified in the erosion and sediment control plan, if approved as part of the permit, the permittee shall implement the additional best management practices as necessary. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources or adjacent properties.

(c)(b) Water quality data representative of the water discharged from the permitted work or development in a work of the district system, including, but not limited to, the parameters in Chapter 62-302, F.A.C., shall be submitted to the district as required. If water quality data areis required, the permittee shall provide data as required on the volume and rate of discharge including the total volume discharged during the sampling period. All water quality data shall be in accordance with and reference the specific method of analysis in “Standard Methods for the Examination of Water and Wastewater” by the American Public Health Association or “Methods for Chemical Analysis of Water and Wastes” by the U.S. Environmental Protection Agency.

(d) (c) Noticed general and general permits shall be transferred to the The operational and maintenance phase automactically unpon the completion of the work or development in a work of the district.  The operational and maintenance phase of individual  and abandonment permits of an environmental resource permit will not become effective until the owner or his authorized agent certifies that all facilities have been constructed in accordance with the design permitted by the district. If required by the district, Such such as-built certification shall be made by a registered licensed professional an engineer or surveyor Within 30 days after the completion of construction or independent portion of the work or developoment in a work of the district, the owner or his authorizaed agaent shall complete As-Built Certification Form 40B-1.901(8).  The permitted Operation and Maintenance Entity Shall complete As-built Certification Form 40B-1.901(9).  The registered professional shall submit a written statement of completion and certification, using As-Built Certification Form No. 40B-1.901(10). When the completed work or development in a work of the district differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the District. Submittal of the completed form shall serve to notify the District that the construction of the work or development in a work of the district is complete and ready for inspection. The statement of completion and certification shall be based on on-site observations conducted by the registered licenced professional, or under his or her direct supervision or review of as-built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As-built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as “as-built” or “record” drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor.

(e) The operation phase of individual and abandonment permits shall not become effective until the permittee has complied with the requirements of the condition in the paragraph above, the District determines the work or development in a work of the district to be in compliance with the permitted plans, and the entity approved by the District accepts responsibility for operation and maintenance of the system. The permit may not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the approved responsible operation and maintenance operating entity if different from the permittee. Until the permit is transferred pursuant to Rule 40B-4.1130, F.A.C., the permittee shall be liable for compliance with the terms of the permit.

Within 30 days after the completion of construction of the system, the permittee shall notify the district that the facilities are complete. If appropriate, the permittee shall request transfer of the permit to the responsible entity approved by the district for operation and maintenance. The district may inspect the system and, as necessary, require remedial measures as a condition of transfer of the permit or release for operation and maintenance of the system.

(f)(d) Off-site discharges during and after construction shall be made only through the facilities authorized by permit. Water discharged from the project shall be through structures suitable for regulating upstream stage if so required by the district. Such discharges may be subject to operating schedules established by the district.

(e) The permit does not convey to the permittee any property right nor any rights or privileges other than those specified in the permit and Chapter 40B-1, F.A.C.

(g)(f) The permittee shall hold and save the district harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, operation, maintenance, alteration, abandonment, work, or development in a work of the district which is authorized by the permit.

(h)(g) The permit is issued based on the information submitted by the applicant which reasonably demonstrates that adverse off-site water resource impacts will not be caused by the permitted activity. It is the responsibility of the permittee to insure that such adverse impacts do not in fact occur either during or after construction.

(h) It is the responsibility of the permittee to obtain all other clearances, permits, or authorizations required by any unit of local, state, or federal government.

(i) The surfacewater management system shall be constructed prior to or concurrent with the development that the system is intended to serve, and the system shall be completed within 30 days of substantial completion of the development which the system is intended to serve. This permit does not eliminate the necessity to obtain any required federal, state, local and special District authorizations prior to the start of any activity approved by this permit. It is the responsibility of the permittee to obtain all other clearances, permits, or authorizations required by any unit of federal, state, or local government or special district.  Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the changes prior to implementation so that a determination can be made whether a permit modification is required. 

(j) This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and in Chapter 40B-4, F.A.C.

(k) All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit.  Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit.

(l) Each phase or independent portion of the permitted work or devlopment in a work of the district must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the work or development. Each phase or independent portion of the work or development must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the work or development to an approved entity.

(m) This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

(n) Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards.

(o) At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No. 40B-1.901(19) indicating the actual start date and the expected completion date.

(p) When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status Report Form No. 40B-1.901(20). These forms shall be submitted during June of each following year.

(q) For those works or developments which will be operated or maintained by an entity requiring an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the work or development, such easement or deed restriction, together with any other final operation or maintenance documents as are required by paragraph Part VI of  the Applicants Handbook Volume II, must be submitted to the District for approval. Documents meeting the requirements set forth in these subsections of District rules will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the work or development, or upon completion of construction of the work or development, whichever occurs first. For those works or developoments which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the work or development is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted work or development.

(r) The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands.

(s) The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted work, devlopment, or the real property at which the work or development is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 40B-4.1130, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.

(t) Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the work or development to insure conformity with the plans and specifications approved by the permit.

(u) If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the District.  If evidence of the existence of historic resources is discovered or observed at permitted project sites or during permitted activities after a permit is issued, the applicant, owner, contractor, or agent thereof shall notify the District and the Division of Historical Resources, Compliance and Review Section within two working days. Examples of such evidence include whole or fragmentary stone tools, shell tools, aboriginal or historic pottery, historic glass, historic bottles, bone tools, historic building foundations, shell mounds, shell middens, or sand mounds.

(v) The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate.

(3) In addition to the standard limitng conditions set forth in subsection 40B-4.1140(2), F.A.C., the Governing Board shall impose on any permit granted under this chapter, such reasonable project-specific conditions as are necessary to assure that the permitted work or development in a work of the district will meet the conditions for issuance in Chapter 40B-4, F.A.C. Upon receipt of notice of intended agency action, any substantially affected person shall have the right to request a hearing in accordance with Chapter 28-106, F.A.C.

 

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.117, 373.171 FS. Law Implemented 373.084, 373.085, 373.117, 373.409, 373.413, 373.416, 373.419, 373.423, 373.426 FS. History–New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04, 11-3-08,  [DATE].

 

40B-4.1150 Emergency Authorization.

(1) Permission to begin the construction of the works or development prior to the issuance of a permit may be requested in writing when emergency conditions exist which justify the request. However, no such permission shall be granted unless the requested works is are part of a works of the district application system which is already under consideration for a permit under this chapter. A serious set of unforeseeable circumstances must exist to create an emergency. Mere carelessness, financial hardship, or lack of planning on the part of the applicant shall not be sufficient grounds to warrant the granting of an emergency authorization.

(2) Surfacewater management systems which are under construction on the implementation date of this chapter and do not qualify as existing systems may be issued emergency authorizations to proceed with construction upon submission of appropriate application and supporting documents.

(2)(3) The executive director may grant emergency authorization at his discretion. The emergency authorization shall be presented to the board at its next regularly scheduled meeting. Failure to receive the board’s concurrence shall immediately invalidate the emergency authorization.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.413, 373.416, 373.426, 373.439 FS. History–New 9-25-85, Amended [DATE].

40B-4.1170 Inspections and Enforcement.

(1) Inspections will be in accordance with Section 373.423, F.S.,and the Applicants’ Handbook Volume II.

(2) Enforcement will be in accordance with Chapter 373, F.S., and the Applicants’ Handbook Volume II.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.083, 373.084, 373.085, 373.086, 373.119, 373.136, 373.429, 373.439, 373.603, 373.613, 373.614 FS. History–New 9-25-85, Amended [DATE].

40B-4.2010 General Environmental Resource Permits.

Rulemaking Authority 373.044, 373.118, 373.171 FS. Law Implemented 120.60, 373.084, 373.085, 373.117, 373.413, 373.416, 373.426 FS. History– New 9-25-85, Amended 8-10-86, 2-12-87, 6-16-88, 2-1-89, 12-22-92, 10-3-95, 9-13-04, Repealed [DATE].

40B-4.2020 Content of Environmental Resource Permit Application.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.413, 373.416, 373.426 FS. History–New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04, 11-13-08, Repealed [DATE].

40B-4.2030 Conditions for Issuance of Environmental Resource Permits.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.042, 373.084, 373.085, 373.086, 373.117, 373.409, 373.413, 373.416, 373.426 FS. History–New 9-25-85, Amended 2-1-89, 10-3-95, 10-18-04, 6-11-08, Repealed [DATE].

 

40B-4.2035 Minimum Operation and Maintenance Entity Requirements.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.042, 373.084, 373.085, 373.086, 373.117, 373.409, 373.416, 373.426 FS. History–New 2-1-89, Amended 12-22-92, Repealed [DATE].

40B-4.2040 Minimum Operation and Maintenance Standards.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.042, 373.084, 373.085, 373.086, 373.117, 373.409, 373.416, 373.426 FS. History–New 2-1-89, Amended 9-13-04, Repealed [DATE].

 

40B-4.3010 General Works of the District Development Permits.

(1)     A noticed general works of the district permit may be granted pursuant to the procedures in Rule 40B-1.703, F.A.C., to any person for a single family work or development in a work of the district described below:

(a) Floating docks and access structures associated with floating docks.

(b)     Decks which are 200 square feet or less and at the walking surface, less than or equal to 1 foot above the average natural ground elevations within the area under and immediately adjacent to the deck.

(c)     Structures or fill which are obstructions to flow of less than or equal to 100 square feet of the cross-sectional area of the floodway which are located outside of the 75 foot setback.

(d)     Silviculture roads, driveways, sidewalks and paths which are, at the driving or walking surface, less than or equal to 1 foot above the adjacent natural ground elevation and are located outside of the 75 foot setback.

(e)     Decrotive landscaping gradens of a reasonable size, which is less than or equal to 1 foot above the natural grade of the ground provided the decrotive landscape is located outside of the 75 foot setback.

(f)      Boardwalks which have a walking surface less than or equal to 1 foot above the natural ground elevation within the area under and immediately adjacent to the boardwalk.

(2)     A noticed general works of the district permit may be granted pursuant to the procedures in Rule 40B-1.703, F.A.C., to any governmental agency for projects which are solely for the restoration of natural resources.

(3)(1) A general works of the district development permit may be granted pursuant to the procedures in Rule 40B-1.703, F.A.C., to any person for a sinlge famly duration not to exceed three years for the development work or development in a work of the district described below:

(a) Construction of a structure for single-family residential or agricultural use, which can not be authorized by Section 403.814(12), F.S.  The construction shall include including the leveling of land for the foundation and associated private water supply, wastewater disposal, and driveway access which is in compliance with all applicable ordinances or rules of local government, state, and federal agencies, and which meets the requirements of this chapter.

(b) Fixed docks.

(c)              Decks which are 200 square feet or less and at the walking surface, greater than 1 foot above the average natural ground elevations within the area under and immediately adjacent to the deck.

(d) Boat ramps, Boat lifts, seawalls, retaining walls, rip-rap and other such structures. 

(e) Driveways, sidewalks or paths which at the driving or walking surface is, at any point along the driveway, more than 1 foot above the adjacent natrual ground elevation outside of the 75 foot setback.

(f) Boadwalks which are landward of the top of bank and the walking surface is, at any point along the boardwalk, more than 1 foot above the natural ground elevation within the area under and immediately adjacent to the boardwalk.

(g) Structures which are obstructions to flow of greater than 100 square feet of the cross-sectional area of the floodway.

(h) Retaining walls which are landward of the top of the bank.

(i) All projects which propose floats under a structure, landward of the top of bank.

(4) An individual work of the district permit may be granted pursuant to the procedurs in Rule 40B-1.703, F.A.C., to any person for work or development in a work of the district described below.  Individual work of the district permits shall adhere to the requiremnents in the Applicants Handook Volume II and Chapter 62-330, F.A.C.,  in addition to the requirements of this chapter.

(a)     Projects which impact wetlands or other natural resources.

(b)     All Projects that are not single family, agriculture, silviculture, horticulture, or restoration.

(5) (2) All permits A general permit issued pursuant to this rule shall be subject to the conditions in Rule 40B-4.3030, F.A.C.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 3-19-86, 12-22-92, 10-18-04,  [DATE].

 

40B-4.3020 Content of Works of the District Development Permit Applications.

(1) Applications for a noticed general or general works work of the district development permit shall be filed with the district and shall contain the following:

(a) Form 40B-4.3020A, “Application for a General Work of the District Development Permit for District Floodways,” April 1, 2010, hereby incorporated by reference. This form is available at District headquarters and on the District’s website at www.mysuwanneeriver.com. The application form contains the following:

1. through 3. No change.

(b) No change.

(c) For noticed general work of the district permits, aA site plan to scale showing all improvements, works, or development prepared by the applicant or his agent.  For general work of the district permits, a site plan to scale showing all improvements, works or development works with any conditions or limitations placed thereon prepared by a Florida registered licensed professional engineer or surveyor including plan and profile views with relevant elevations noted such as the elevation of the lowest structural member and benchmark shown. For both noticed general and general work of the district permits, the The site plan shall show the location of all trees to be removed which are greater than six inches diameter as measured at four feet, six inches above the natural ground;

(d) For noticed general work of the district permits aA building plan prepared by the applicant or his agent.  For general work of the district permits, a building plan prepared or submitted by a registered Florida licensed professional engineer or architect, showing profile and detail views of the pilings, the elevation of the lowest structural member, and any building components within the area below the 100-year flood/one percent annual chance of flood elevation; and

(e) Any supporting calculations, designs, surveys, or applicable documents, which in the applicant’s opinion, may support the application.

(f) If the applicant is only constructing a dock, boardwalk or deck according to paragraph 40B-4.3030(9)(a) and (b), F.A.C., the site plan may be prepared by the applicant.

(f)(g) Applicants must provide copies of legal documents demonstrating ownership.

(g)(h) Where applicable, the applicant must provide the name and address of the person who prepared the plans and specifications of construction.

(h)(i) Where applicable, the applicant must provide the name and address of the person who will construct the proposed work.

(2) Applications for individual or conceptual approval works of the district development permits shall be filed with the district and shall contain the following:

(a) Form 40B-4.3020, “Application for a Work of the District Permit for District Floodways,” This form is available at District headquarters and on the District’s website at www.mysuwanneeriver.com. The application form contains the following:

Form 40B-1.901(13), “Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit,” Effective January 29, 2001, hereby adopted by reference and which contains the following:

1. through 4. No change.

(b) No change.

(c) A site plan to scale showing all improvements, work, or works with any conditions or limitations placed thereon prepared or submitted by a registered licensed professional.

(d) Any supporting calculations, designs, or surveys, prepared or submitted by a registered licensed professional or applicable legal documents, which in the applicant’s opinion, support the application.

(e) through (h) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171, 373.413 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 3-19-86, 9-13-04, 8-8-07, 7-6-08, 4-1-10,  [DATE].

 

40B-4.3030 Conditions for Issuance of Works of the District Development Permits.

(1)     The district will not approve the issuance of permits for:

(a)     Existing works or development in a work of the district which are in violation of law or which have discharge to waters of the state that is in violation of a permit condition of any unit of local, state, or federal government or which presents an immediate danger to public health or safety.

(b)(1) The district will not approve the issuance of separate permits for development in a work of the district for anyAny proposed project that requires a district an environmental resource permit pursuant to Chapter 62-330, F.A.C. Part II of this chapter. For such projects, works or development in a work of the district may be authorized as part of the any environmental resource permit issued.  In such cases, the environmental resource permit shall meet the conditions of issuance found in Chapter 62-330. F.A.C.,  and this chapter.

(c)(2) The district will not approve the issuance of a works of the district development permit for any Any work, structures, road, or other facilities which have the potential of individually or cumulatively reducing floodway conveyance or increasing water-surface elevations above the 100-year flood/one percent annual chance of flood elevation, or increasing soil erosion.

(d) Any work or development in a work of the district which will result in permanent damage to a work of the district.

(e) New roads within a work of the district which at any point along the road, have a driving surface greater than 1 foot above adjacent natrual ground elevations, or result in a net fill within the floodway.

(f) Mining, associated mining activities, and borrow pits within a regulatory floodway.

(2)(3) Roads with public access shall be constructed and laid out in conformance with the minimum standards of local government. Where roads are not required to be paved, the applicant must provide design specifications for erosion and sediment control. Where roads are required to be paved, swales will generally be considered adequate for erosion and sediment control. In the absence of local government standards for roads, the following minimum standards shall apply:

(a) Driving surface shall be stabilized soil, according to the latest edition of the Florida Standard Specification for Road and Bridge Construction.

(b) Two driving lanes with a minimum driving surface of 16 feet.

(c) Driving surface shall be sloped to drain at a minimum of 2 percent (2%).

(d) Culverts shall be used to maintain pre-development drainage patterns up to the 10-year, 24-hour storm event.

(e) Swales shall be used for water quality treatment with a maximum slope of three-to-one (3:1) and erosion shall be controlled with grass or other equivalent method.

(3) The roofs on pole barns, pavillions, gazebos, and any other such structures shall be such that the lowest structural horizontal member of  the roof  is at an elevation at least one foot above the 100 year flood/one percent annual chance of flood elevation.

(4) Buildings in the floodway shall be elevated on piles without the use of fill such that the lowest structural member of the building is at an elevation at least one foot above the 100-year flood/one percent annual chance of flood elevation.

(5) The area below the first floor of elevated buildings shall meet the criteria in the code of federal regulations 44CFR60.3(d) be left clear and unobstructed except for the piles or stairways.

(5) A permanent elevation monument shall be established on the property by a surveyor licensed under Section 472, F.S. The monument shall be adequate to establish land surface and minimum buildup elevations to the nearest 1/100 of a foot.

(7) No fill material or other obstructions shall be placed above the natural grade of the ground except for minor amounts of fill obstructions which are less than or equal to 100 square feet of the cross-sectional area of the floodway. This paragraph is not intended to limit the use of pilings for structural purposes. All fill placed obstructions developed on any single parcel of land after the implementation date of this chapter shall be considered cumulatively.

(8) No activities shall be proposed which would result in the filling or conversion of wetlands.

(9) For any work or development in a work of the district which requires a general, conceptual, or  individual permit structure placed within a floodway, the district shall require that a registered Florida licensed professional engineer certify that such a work or development structure will not obstruct flows or increase 100-year flood/one percent annual chance of flood elevations by more than 0.01 feet. Such certification shall include step-backwater calculations using the 100-year flood/one percent annual chance of flood discharge rate. Exceptions to this certification are stated in paragraphs (a) and (b) below.

(a) Boardwalks and decks less than one foot above natural grade.

(b) Floating docks and access structures associated with floating docks.

(c) The certification shall include, at a minimum, a location map showing existing and added channel cross sections, a scaled graphical representation of channel geometry for each cross section used in the calculation, a scaled graphical representation of floodway encroachments for pre-development and post-development conditions, pre-development calculations matching existing conditions, and post-development calculations showing the rise in flood elevation.

(10) Proposed boat ramps, seawalls, retaining walls, and rip-rap within a work of the district shall be designed by a registered Florida licensed professional engineer. Plans for these structures shall provide for erosion, sedimentation and turbidity control.

(11) The district shall not approve the issuance of permits for driveways within a work of the district that are constructed with fill material.

(12) The following conditions shall apply to all works of the district development permits issued for development on lands subdivided after January 1, 1985:

(11)(a) No clearing shall occur in areas outside of the 75 foot setback  [except as provided in paragraphs (d) and (e) below] other than what is necessary to construct structures, associated water supply, wastewater disposal, and private driveway access facilities.

(12) Clearing within the front 75 feet immediately adjacent to and including the normally recognized bank of a water body shall be limited to that necessary to gain access to the water body.

(13)(b) No construction, additions or reconstruction shall occur in the front 75 feet of an area immediately adjacent to and including the normally recognized bank of a water, except for one deck per parcel located at the top of the bank no larger than 200 square feet and a boardwalk no wider than five feet to provide reasonable pedestrian access to water dependent structures such as docks. The following conditions shall apply to decks and boardwalks:

1. through 2. No change.

(c) Clearing within the front 75 feet immediately adjacent to and including the normally recognized bank of a water body shall be limited to that necessary to gain access to the water body.

(d) Harvest or regeneration of timber or agricultural crops shall not be limited provided the erosion of disturbed soils can be controlled through the use of appropriate best management practices, the seasonal scheduling of such activities will avoid work during times of high-flood hazard, and the 75 feet immediately adjacent to and including the normally recognized bank of a water is left in its natural state as a buffer strip.

(14)(e) As to those lands subdivided prior to January 1, 1985, The the governing board shall, in cases of extreme hardship, authorize  a varience and issue a works of the district development permit permits for with exceptions to the conditions listed in paragraphs 40B-4.3030(12)(a)(2)through (d)(12), F.A.C. 

(15)(f) The 75-foot setback in paragraphs (a) through (d) above shall be considered a minimum depth for an undisturbed buffer. The limitations on disturbance and clearing within the buffer as set out in paragraphs (11)(a) through (13)(d) above shall apply, and any runoff through the buffer shall be maintained as unchannelized sheet flow. The actual depth of the setback and buffer for any land use other than single-family residential development, agriculture, or forestry shall be calculated in accordance with the methodology in: “Urban Hydrology for Small Watersheds”, U.S. Department of Agriculture, Soil Conservation Service, Engineering Division, Technical Release 55, June 1986; and, “Buffer Zone Study for Suwannee River Water Management District”, Dames and Moore, September 8, 1988, such that the post-development composite curve number for any one-acre area within the encroachment line does not exceed:

1. through 4. No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in Section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 2-12-87, 2-1-89, 12-22-92, 10-18-04, 5-13-07, 8-8-07, 8-11-10, 2-28-12, [DATE].

40B-4.3035 Minimum Operation and Maintenance Standards.

The permittee or operation and maintenance entity shall regularly inspect and maintian the work or development to insure that:  

(1)     All erosion is controlled and soil is stabilized to prevent sediment discharge to waters in the state. 

(2)     The work or development does not become clogged or choked with vegetative or aquatic growth to such an extent as to render it inoperable.

(3)    All structures within the work or devlopoment shall remain in an operable condition, free of obstruction and sediment, and, where appropriate, secure from vandalism or unauthorized operation.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.042, 373.084, 373.085, 373.086, 373.117, 373.409, 373.416, 373.426 FS. History–New [DATE].

 

40B-4.3040 Unlawful Use of Works of the District.

(1) It shall be unlawful to connect with, place a structure in or across, or otherwise cause development to occur in a work of the district without a works of the district development permit. The district may use any remedy available to it under Chapter 120 or 373, F.S., and Chapter 40B-1, F.A.C., to cause an unpermitted work or development to be removed or permitted.

(2) It shall be unlawful for any permitted use to violate the provisions of Chapter 373, F.S., or this chapter, or the limiting conditions of a works of the district development permit. The district may use any remedy available to it under Chapter 120 or 373, F.S., and Chapter 40B-1, F.A.C., to cause the unpermitted use or development to be removed or brought into compliance with Chapter 373, F.S., and this chapter.

(3) through (4) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 9-13-04, 5-8-05, 8-8-07 [DATE].

NAME OF PERSON ORIGINATING PROPOSED RULE: Leroy Marshall II, Senior Professional Engineer, SRWMD, 9225 C.R. 49, Live Oak, Florida, 32060, [phone] or [phone] (FL only).
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the Suwannee River Water Management District.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 12, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2012