The overall purpose is to update existing rules for consistency with Florida Statutes.

 

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NO.:RULE TITLE:

40A-44.041Permits Required

40A-44.091Processing of Permits

40A-44.201Permit Processing Fee

40A-44.301Conditions for Issuance of Permits

40A-44.321Duration of Permit

40A-44.331Modification of Permits

40A-44.381Limiting Conditions

PURPOSE AND EFFECT: The overall purpose is to update existing rules for consistency with Florida Statutes.

SUMMARY: This rule development will cover updating existing rules for consistency with Florida Statutes.

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: Upon review of the proposed changes to the rule, the District has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in paragraph 120.541(2)(a), F.S.

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: 373.044, 373.113, 373.414, 373.418, FS.

LAW IMPLEMENTED: 373.109, 373.116, 373.118, 373.406, 373.406(5), 373.413, 373.4141, 373.416, 373.418, 373.419, 373.423, 373.426, 373.429, 403.927, 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: Megan Seward, Bureau Chief, Northwest Florida Water Management District, Bureau of Performance and Compliance Improvement, 152 Water Management Drive, Havana, FL 32333, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40A-44.041 Permits Required.

(1) No change.

(2) The District issues three four types of agricultural and forestry surface water management permits: general surface water management permits, letters of conceptual approval, individual surface water construction permits, and individual operation and maintenance permits.

(a) No change.

(b) Letters of Conceptual Approval. A letter of conceptual approval may be issued for surface water management projects associated with agricultural or forestry projects that are to be developed in phases. A letter of conceptual approval does not authorize any construction and requires the submittal of applications for each development phase of the project.

(b)(c) Individual Surface Water Construction Permits. A permit is applicable for all projects which are not exempt, which are not eligible for a general permit, or which are not otherwise authorized activities pursuant to this chapter.

(c)(d) Individual Operation and Maintenance Permits. A permit for operation and maintenance of any dam, impoundment, reservoir, appurtenant work or works is required for permitted projects under paragraph 40A-44.041(2)(b)(c), F.A.C.

Rulemaking Authority 373.044, 373.113, 33.418, 380.06(9)(b) FS. Law Implemented 373.118, 373.406, 373.413, 373.416, 373.418, 373.426, 380.06(9) FS. History–New 10-1-84, Amended 8-1-89, 7-1-92, 7-1-98, 8-6-13,               .

 

40A-44.091 Processing of Permits.

(1) Letters of conceptual approval, Iindividual surface water construction permits, and general surface water management permits shall be processed according to the provisions of Chapter 40A-1, F.A.C., and require approval by the Executive Director or his/her designee.

(2) through (3) No change.

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.116, 373.118, 373.406, 373.413, 373.4141, 373.416, 373.426, 380.06(9) FS. History–New 10-1-84, Amended 7-1-92, 7-1-98, 8-6-13, 3-27-17,               .

 

40A-44.201 Permit Processing Fee.

A non-refundable permit processing fee shall be filed with the District, at the time of application submittal, according to the following fee schedule:

	Type of Permit	Fee
(1)	Letter of Conceptual Approval	250.00
(1) (2)	General Surface Water Management Permit	25.00
(2) (3)	Individual Surface Water Construction Permit
	Watershed less than 4 square miles	250.00 150.00
	Watershed 4 square miles or larger	500.00
(3) (4)	Individual Operation and Maintenance Permit	No Fee

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.109 FS. History–New 10-1-84, Amended 1-1-90, 7-1-98,               .

 

40A-44.301 Conditions for Issuance of Permits.

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

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

(b) A Class I water or a direct tributary to a Class I water up to the point on the tributary where the base flow drops below 5 cubic feet per second; or

(b)(c) A stream which has as its headwaters:

1. A steephead ravine, or

2. Tributary streams which are discharging from steephead ravines.

(2) No change.

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

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

(b) through (k) No change.

(4) through (7) No change.

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

 

40A-44.321 Duration of Permit.

(1) Unless revoked or otherwise modified, the duration of a permit pursuant to this chapter is:

(a) Two years from the date of issuance, for letters of conceptual approval unless within that period an application for a construction permit is filed for any portion of the project if the application for a construction permit is filed, then the letters of conceptual approval are valid for the duration of the project;

(a)(b) Five years, for a construction permit;

(b)(c) Perpetual, for an operation and maintenance permit, except when;(d) Aany operation and maintenance permit on an existing facility shall automatically expire when a new operation and maintenance permit or abandonment permit is issued for that same facility.

(2) Letters of conceptual approval and Cconstruction permits expire automatically unless the permittee requests an extension before the expiration date.

Rulemaking Authority 373.044, 373.113, 373.418, 380.06(9) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426, 380.06(9) FS. History–New 10-1-84, Amended 8-6-13,               .

 

40A-44.331 Modification of Permits.

An application for modification of a surface water management permit shall be processed in accordance with this rule, unless otherwise revoked, suspended or expired.

(1) Applications to modify letters of conceptual approval may be made and reviewed:

(a) For an alteration of the design of the project in accordance with the same criteria as new applications pursuant to Rules 40A-44.101 and 40A-44.301, F.A.C.;

(b) For a construction or operation and maintenance permit of a project phase, in accordance with this chapter if the project phase complies with the conceptual approval and otherwise satisfies the requirements of Rules 40A-44.101 and 40A-44.301, F.A.C., or

(c) For a construction or operation and maintenance permit of a project phase which does not satisfy the requirements of paragraph (b), in the same manner and using the same criteria applicable to the original request for conceptual approval.

(1)(2) Applications to modify Individual Surface Water Construction or Individual Operation and Maintenance permits may shall be made;

(a) through (b) No change.

(2) (3) Applications to modify a General Surface Water Management Permit shall be made:

(a) through (b) No change.

Rulemaking Authority 373.044, 373.113, 373.418, 380.06 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426, 373.429, 380.06 FS. History–New 10-1-84, Amended 7-1-98, 3-27-17,               .

 

40A-44.381 Limiting Conditions.

(1) No change.

(2) In addition to project specific special conditions, the following limiting conditions will be attached to any permit issued pursuant to this chapter.

(a) through (e) No change.

(f) Prior to any dewatering, plans shall be submitted to the District for approval. In order to be approved, dewatering plans must include a plan view indicating the rate, location, and method of dewatering as well as the discharge location and direction of downstream flow, and demonstrating that all dewatering work and discharges will not cause flooding or impoundment, downstream siltation, erosion, or turbid discharges that violate state water quality standards. Plans shall be submitted to: Northwest Florida Water Management District, Environmental Resource Permitting, 700 US Highway 331 S, DeFuniak Springs, FL 32435.

(g) through (h) No change.

(3) No change.

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.413, 373.416, 373.418, 373.419, 373.423, 373.426, 403.927 FS. History–New 10-1-84, Amended 8-1-89, 7-1-92,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Megan Seward, Bureau Chief, Bureau of Performance and Compliance Improvement

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board, Northwest Florida Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 9, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2018