Definitions, Implementation, Permits Required, Exemptions, Publications and Agreements Incorporated by Reference, Duration of Permits, Modification of Permits, Revocation of Permits, Transfer of Permits, Limiting Conditions on Permits, Emergency ...
Suwannee River Water Management District
RULE NOS.:RULE TITLES:
40B-4.1020Definitions
40B-4.1030Implementation
40B-4.1040Permits Required
40B-4.1070Exemptions
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-4.1150Emergency Authorization
40B-4.1170Inspections and Enforcement
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
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 57, March 22, 2013 issue of the Florida Administrative Register.
40B-4.1020 Definitions.
(1) through (12) No change.
(13) “Registered Professional” means a professional registered or licensed by and in the State of Florida and practicing under Chapter 471, 472, 481, or 492, F.S.
(14) “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.
(15)(14) “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.
(16)(15) “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.
(17)(16) “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.
(18)(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.
(19)(18) “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 August 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) April 1, 1986 for paragraph 40B-4.1040(1)(a) and Rule 40B-4.3040, F.A.C., which require persons to obtain a 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) July 1, 1986 for paragraph 40B-4.1040(1) (a) or 40B-4.3040, F.A.C., which require persons to obtain a 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 August 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)(a) No change.
(b) When the need to obtain a works of the district 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. In instances when requirements of this chapter conflict with requirements to obtain an envronmental resource permit, the more stringent requirement shall be followed. Otherwise, a separate works of the district permit must be obtained.
(2) and (3) No change.
This rule will become effective on August 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 . History–New 9-25-85, Amended 12-22-92, 10-3-95, 10-18-04, [DATE]..
40B-4.1070 Exemptions.
(1)(a) No change.
(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 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.
(c) through (g) No change.
(h) Decorative Decrotive landscaping gardens which are above the natural grade of the ground which are less than or equal to 25 square feet of the cross-sectional area of the floodway and 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 setback.
(i) and (j) No change.
(k) The removal of non-native, invasive, dead or diseased vegetation.
(2) No change.
This rule will become effective on August 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-4.1090 Documents, Publications and Agreements Incorporated by Reference.
The Governing Board incorporates herein by reference all the documents found in this section. All doucments except for Chapter 62-330, F.A.C., can be obtained from the District website at http://www.mysuwanneeriver.com/Permitting or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060. Chapter 62-330, F.A.C., can be obtained from the District website at http://www.mysuwanneeriver.com/Rules, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060.
(1) Chapter 62-330, F.A.C., (2013).
(2) The Applicant’s Handbook Volume I, Effective August 1, 2013.
(3) The Applicant’s Handbook Volume II, effective August1, 2013.
(4) The documents below are used to estabish the floodways, base flood elevations and flood zones used in the implimentation of this chapter:
(a) The Governing Board hereby adopts by reference: Final Survey – Review Report Suwannee River Georgia and Florida, July 1989, U.S. Army Corps of Engineers, Jacksonville District. used to establish the floodway for the works of the district identified in Chapter 40B-4, Part III, F.A.C
(b)(2) The following Flood Insurance Studies and digital flood insurance rate maps are hereby incorporated by reference and supersede subsection 40B-4.1090(4)(a), F.A.C., for each county listed below:
(a) Alachua County, Florida and Incorporated Areas, effective June 16, 2006.
(b) Baker County, Florida and Incorporated Areas, effective June 17, 2008.
(c) Bradford County, Florida and Incorporated Areas, effective May 2, 2012.
(d) Columbia County, Florida and Incorporated Areas, effective February 4, 2009.
(e) Dixie County, Florida and Incorporated Areas, effective March 18, 2008.
(f) Gilchrist County, Florida and Incorporated Areas, Revised February 9, 2009.
(g) Hamilton County, Florida and Incorporated Areas, effective June 4, 2010.
(h) Jefferson County, Florida and Incorporated Areas, effective July 16, 1991.
(i) Lafayette County, Florida and Incorporated Areas, effective September 29, 2006.
(j) Levy County, Florida and incorporated Areas, effective November 2, 2012.
(k) Madison County, Florida and Incorporated Areas, effective May 3, 2010.
(l) Putnam County, Florida and Incorporated Areas, effective April 16, 2013.
(m) Suwannee County, Florida and Incorporated Areas, effective April 16, 2013.
(n) Taylor County, Florida and Incorporated Areas, effective May 4, 2009.
(o) Union County, Florida and Incorporated Areas, effective February 4, 2009.
(a)Alachua County, Florida and Incorporated Areas, Effective June 16, 2006;
(b) Columbia County, Florida and Incorporated Areas, Effective June 16, 2006;
(c) Dixie County Florida and Incorporated Areas, Effective September 29, 2006;
(e) Hamilton County, Florida and Incorporated Areas, Effective June 4, 2010;
(f) Lafayette County, Florida and Incorporated Areas, Effective September 29, 2006;
(g) Madison County, Florida and Incorporated Areas, Effective May 3, 2010;
(h) Suwannee County, Florida and Incorporated Areas, Effective September 28, 2007;
(i) Taylor County, Florida and Incorporated Areas, Effective May 4, 2009;
(j) 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 adopts 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 August 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)(a) through (e) No change.
(2) Permits may be authorized with durations that are less than the standard durations found in subsection 40B-4.1100(1), F.A.C
(2)(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.
(3)(4) Permits shall not be extended.
This rule will become effective on August 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 has the authority to may modify a permit issued pursuant to this chapter at any time if it determines that work or development in a work of the district is in violation of any district rule, order or a condition of the permit and 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) When If the executive director determines that the danger to the public is imminent or that violations to these rules will result in adverse impacts to adjacent landowners, he shall may order a temporary suspension of construction, alteration, repair, or operation of the work or development in a work of the district; or he shall 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) Requests to modify permits for construction or operation may be made by application or by letter. Applications to modify permits shall may be made by permittees in the same manner as the original permit. Letter requests to modify permits shall be used if the proposed modification does not:
(a) and (b) No change.
(5) Requests to modify permits for construction or operation may be made by , applications may be filed by letter request provided the modification does not:
(a) Request a substantial change in the permit authorization; or
(b) Increase calculated 100 year flood/one percent chance elevations.
This rule will become effective on August 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 shall may revoke a permit if it determines that a work or development in a work of the district is in violation of any district rule, order or condition of the permit and 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 August 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 permits shall automatically transfer to the operation and maintenance entity upon completion of the permitted work or development or to 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 unless specifically required as a limiting condition on the permit.
(2) Individual, and abandonment permits shall not be automatically transferred. Individual permits shall be transfered following the criteria in the Applicant’s Handbook Volume II and Chapter 62-330, F.A.C. Abandonment permits will not become effective until the owner or his authorized agent certifies that all facilities have been removed in accordance with the permit. Within 30 days after the completion of the removal of the work or development in a work of the district, the owner or his authorized agent shall complete an As-Built Certification Form 40B-1.901A, Effective August 1, 2013. This document is incoprated herein by reference and may be obtained from the District website at http://www.mysuwanneeriver.com/Permitting, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060. When the completed removal of the 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 As-Built Certification form shall serve to notify the District that the removal of the work or development in a work of the district is complete and ready for inspection. After completion of the construction or removal of the work or development in a work of the district, and any required approvals by the district, the district will transfer the operational and maintenance phase of the permit to the accepted operation and maintenance 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 August 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) 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. This document is incoporated herein by reference and may be obtained from the District website at http://www.mysuwanneeriver.com/Permitting, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida, 32060. 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) Water quality data representative of the water discharged from the permitted work or development in a work of the district, 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 is 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.
(c)(d) Noticed General and General permits shall be transferred to the operational and maintenance phase automatically upon the completion of the work or development in a work of the district. The operational and maintenance phase of individual permits shall be transfered following the criteria in the Applicant’s Handbook Volume II and Chapter 62-330, F.A.C. and Abandonment permits will not become effective until the owner or his authorized agent certifies that all facilities have been removed constructed in accordance with the permit design permitted by the district. Such as-built certification shall be made by a registered licensed professional. Within 30 days after the completion of the removal construction or independent portion of the work or development in a work of the district, the owner or his authorized agent shall complete an As-Built Certification Form 40B-1.901A (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 removal of the 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 As-Built Certification form shall serve to notify the District that the removal 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.
(d)(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 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.
(e)(f) Off-site discharges during and after construction shall be made only through the facilities authorized by the 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.
(f)(g) 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.
(g)(h) 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)(i) 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.
(i)(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.
(j)(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.
(k)(l) Each phase or independent portion of the permitted work or development develpment 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.
(l)(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.
(m)(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. This document is incorporated herein by reference and may be obtained from the District website at http://www.mysuwanneeriver.com/Permitting, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060.
(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.
(n)(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 developments 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.
(o)(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.
(p)(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.
(q)(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.
(r)(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.
(s) (v) The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate.
(3) No change.
This rule will become effective on August 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 work or development in a work of the district 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 work or development in a work of the district is part of a work of the district application 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) When the applicant has complied with the conditions for emergency authorization as found in paragraph (1) above, the The executive director shall may grant emergency authorization before the next regularly scheduled governing board meeting. 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 August 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 Section 6.4 of the Applicants’ Handbook Volume II.
(2) Enforcement will be in accordance with Chapter 373, F.S., and Section 6.6 of the Applicants’ Handbook Volume II.
This rule will become effective on August 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-4.3010 Works of the District Permits.
(1) A noticed general works of the district permit shall 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) through (c) No change.
(d) Driveways 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) Decorative Decrotive landscaping gardens gradens which are 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 and 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) No change.
(2) A noticed general works of the district permit shall 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) A general works of the district permit shall 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) through (i) No change.
(4) An individual work of the district permit shall may be granted pursuant to the procedures 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 Parts II, II and IV of the Applicants Handook Volume II and Chapter 62-330, F.A.C., in addition to the requirements of this chapter.
(a) through (b) No change.
(5) No change.
This rule will become effective on August 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 Permit Applications.
(1) no change
(a) Form 40B-4.3020, “Application for a Work of the District Permit for District Floodways,” effective August 1, 2013. This document is incorporated herein by reference and may be obtained from the District website at http://www.mysuwanneeriver.com/Permitting, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060. The application form contains the following: This form is available at District headquarters and on the District’s website at www.mysuwanneeriver.com.
1. through 3. No change.
(b) No change.
(c) For noticed general work of the district permits, a 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 with any conditions or limitations placed thereon prepared by a registered licensed professional 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 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 a 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 licensed professional 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) Calculations Any supporting calculations, designs, surveys, and or applicable documents, which may support the application.
(f) through (h) No change.
(2) No change.
(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:
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) Calculations Any supporting calculations, designs, and or surveys, prepared or submitted by a registered licensed professional and or applicable legal documents, which support the application.
(e) through (h) No change.
This rule will become effective on August 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)(a) No change.
(b) Any proposed Proposed project that requires an environmental resource permit pursuant to Chapter 62-330, F.A.C. For such projects, works or development in a work of the district shall may be authorized as part of the environmental resource permit issued. In such cases, the works or development in a works of the district environmental resource permit shall meet the conditions of issuance found in Chapter 62-330. F.A.C., and this chapter.
(c) through (f) No change.
(2) through (13) No change.
(14) Upon the request of the permittee, the The governing board has the authority to shall, in cases of extreme hardship, authorize a variance and issue a works of the district permit for exceptions to the conditions listed in paragraphs 40B-4.3030(2) through (13), F.A.C., in accordance with Section 120.542, F.S. (2013) or Chapter 373.414(17), F.A.C. (2013). These documents are incorporated herein by reference and may be obtained from the District website at http://www.mysuwanneeriver.com/Rules, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060;
(15) The 75-foot setback 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) through (13) 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., This document is incorporated herein by reference and may be obtained from the District website at http://www.mysuwanneeriver.com/Permitting, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida, 32060. When calculating the setback, 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 August 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.
(1) The permittee or operation and maintenance entity shall regularly inspect and maintain maintian the work or development to insure that:
(a) through (b) No change.
(c) All structures within the work or development shall remain in an operable condition and shall be , free of obstruction and sediment., and, where appropriate, secure from vandalism or unauthorized operation.
This rule will become effective on August 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 2-1-89, Amended 9-13-04 , [DATE].
