The purpose and effect of this rulemaking is to reduce the number of copies of application forms and supporting documents that must be submitted for individual environmental resource permit (ERP) applications and petitions for formal determination ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-4.042: Formal Determination of Wetlands and Other Surface Waters
40D-4.091: Publications, Forms and Agreements Incorporated by Reference
40D-4.101: Content of Application
40D-4.331: Modification of Permits
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to reduce the number of copies of application forms and supporting documents that must be submitted for individual environmental resource permit (ERP) applications and petitions for formal determination of wetlands and other surface waters, and the number of copies of compliance documents required to be submitted after a permit is issued. ERP-related submittal requirements are reduced from 5 copies to 1 original and 2 copies.
SUMMARY: ERP-related submittal requirements are reduced from 5 copies to 1 original and 2 copies. These amendments are part of an overall District initiative to reduce the number of copies of permit application forms, supporting documentation and compliance-related reports and documents that are required to be submitted. The overall effect of the rulemaking will be to reduce costs to the public that are associated with application submittals and compliance activity reporting to the District.
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: 373.044, 373.046, 373.113, 373.149, 373.171, 373.414, 373.421(2), 373.149 FS.
LAW IMPLEMENTED: 373.0361, 373.042, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.416(1), 373.421(2), 373.429, 373.441 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Martinez, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone] (4660) (OGC # 2010053)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-4.042 Formal Determination of Wetlands and Other Surface Waters.

(1) No change.

(2) To petition for a formal determination, the petitioner must submit to the District the following:

(a) One original and two Five copies of a Petition for a Formal Determination of the Landward Extent of Wetlands and Surface Waters, Form No. 547.27/FJDS (08/11) (4/09) which is incorporated herein by reference, including copies of all items required by that form. This form can be obtained from the District’s website at www.WwaterMmatters.org or from District offices.

(b) No change.

(3) through (10) No change.

Rulemaking Authority 373.044, 373.113, 373.421(2) FS. Law Implemented 373.421(2) FS. History–New 10-3-95, Amended 7-2-98, 2-14-00, 5-28-00, 7-29-02, 2-27-03, 8-30-09, 12-21-09,_________.

 

40D-4.091 Publications, Forms and Agreements Incorporated by Reference.

The following documents are hereby incorporated by reference and are applicable to this chapter and Chapters 40D-40 and 40D-400, F.A.C.:

(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District, [effective date] December 8, 2010. This document is available from the District’s website at www.WwaterMmatters.org or from the District upon request.

(2) through (6) No change.

Rulemaking Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS. History–New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-22-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08, 5-12-09, 5-17-09, 8-30-09, 11-2-09, 11-3-09, 12-9-09, 9-5-10, 12-8-10,_________.

 

Environmental Resource Permitting Information Manual Part B – ERP Basis of Review

Within Chapter 2.0 of the ERP Basis of Review, Section 2.8.4, the following paragraph is amended as follows:

CHAPTER TWO – ADMINISTRATIVE CRITERIA

2.8.4

a. A complete construction surface water management plan for the project must be submitted with the permit application or prior to beginning construction.

1. No change.

2. One original and two Five (5) copies of the completed plan shall be submitted to the District for review. Submittal of the completed plan shall occur no later than the submittal of a Notice of Intent (NOI) for an FDEP/NPDES Generic Permit for Stormwater Discharge from Construction Activities that Disturb Five or More Acres of Land¹ or the federal equivalent thereof should the DEP no longer issue such generic permits.

b. through e. No change.

Footnote: No change.

Within Chapter 3.0 of the ERP Basis of Review, the following paragraphs are amended as follows:

CHAPTER THREE – ENVIRONMENTAL

3.4.1 Procedure.

To petition for a formal determination, the petitioner must submit to the District the following:

a. One original and two five copies of the Petition for Formal Determination of the Landward Extent of Wetlands and Surface Waters, Form 547.27/FJDS (08/11) (4/09) as incorporated in paragraph 40D-4.042(2)(a), F.A.C., including two copies of all items required by the form, and

b. No change.

Amended 8-30-09, __________.

3.4.2 Types of Formal Determinations.

A petitioner can request a formal determination consisting of a certified survey, an approximate delineation, or combinations thereof, as described below.

a. The survey of the extent of wetlands and other surface waters shall be certified pursuant to Chapter 472, F.S., to meet the minimum technical standards in Chapter 61G17-6, F.A.C. A petitioner seeking a certified surveyed delineation shall have a land surveyor registered in the State of Florida survey the verified boundaries of wetlands and other surface waters, and shall have the surveyor or surveyor’s representative accompany the District representative on the delineation verification described in subsection 3.4.3. The certified survey shall also contain a legal description of, and acreage contained within, the boundaries of the property for which the determination is sought. The boundaries of wetlands and other surface waters shall be witnessed to the property boundaries, and shall be capable of being mathematically reproduced from the survey. The petitioner shall submit one original and two five copies of the survey, along with one original and two five copies of the survey depicted on aerial photographs, to the District to complete the petition.

b. No change.

1. through 2. No change.

3. Following any verification and adjustment as required in subsection 3.4.3, the petitioner shall submit one original and two five copies of the following to complete the petition: a hand drawn delineation on a rectified aerial photograph; the geo-referenced image of the delineation and aerial photograph with the delineation; or the GPS depiction of the delineation on an aerial photograph.

4. No change.

Within Appendix 7 of the ERP Basis of Review, the following paragraphs are amended as follows:

APPENDIX 7

SITE CONDITIONS ASSESSMENT PERMITTING

7.1.1 Procedure.

To apply for a site conditions assessment permit, the applicant shall submit to the District the following:

a. One original and two Five copies of the Permit Application for Site Conditions Assessment as identified in Rule 40D-1.659, F.A.C., including copies of all items and information required for assessment and evaluation by the District of the existing site conditions, and

b. No change.

7.1.2 Types of Site Conditions Boundary Documentation.

An applicant can request a site conditions assessment permit based upon boundary documentation consisting of either a certified survey, an approximate delineation, or combinations thereof, as described below. All surveying and mapping shall be conducted under the responsible supervision of professional surveyor and mapper registered in the State of Florida.

a. The survey of the extent of wetlands and other surface waters or other site condition boundaries shall be certified as meeting the minimum technical standards contained in Chapter 61G17-6, F.A.C., by a surveyor licensed pursuant to Chapter 472, F.S. An applicant proposing a certified survey delineation shall have a survey performed of the verified boundaries of wetlands and other surface waters and other required or requested site conditions, and shall have the surveyor or surveyor's representative accompany the District representative during the delineation verification described in subsection 7.1.3. The certified survey shall also contain a legal description of, and acreage contained within, the boundaries of the property (contiguous wetlands and project area) for which the permit is being requested. The boundaries of wetlands and other surface waters or other site conditions shall be witnesses to the property boundaries, and shall be capable of being mathematically reproduced from the survey. The applicant shall submit one original and two five line drawing copies of the certified survey, along with one original and two five copies of the survey depicted on aerial photographs, to the District to complete the application. All vertical boundaries of site conditions shall be referenced to elevations that are witnessed to and on a site bench mark established as part of the survey and shown thereon, and referenced to National Geodetic Vertical Datum (NGVD). The horizontal or topographic extent of vertical boundaries shall be shown on the certified survey in the manner defined in Chapter 61G17-6, F.A.C.

b. No change.

1. through 3. No change.

4. Following any verification and adjustment as required in subsection 7.1.3, the applicant shall submit one original and two five copies of the following items, as applicable, to complete the site conditions boundaries documentation: the certified survey; a hand drawn boundary delineation map on a rectified aerial photograph; the geo-referenced image map of the delineations and aerial photograph with the delineations thereon; or the GPS depiction of the delineations either on an aerial photograph or as a line drawing to constitute a boundary map.

40D-4.101 Content of Application.

(1) Applications for Environmental Resource Permits required by this chapter shall be filed with the District in accordance with the requirements of this chapter and Chapter 40D-1, F.A.C. The application shall consist of all of the following:

(a) No change.

(b) An original and two Five copies of the Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, Form No. 547.27/ERP (08/11) (6/10), incorporated herein by reference, with applicable supplements, sections A through K, copies of which can be obtained from the District’s website at www.WwaterMmatters.org or from the District offices.

(c) An original and two Five copies of drawings, calculations, environmental and construction information, and engineering details sufficient to define the nature, scope, intent and functioning of the work proposed.

(d) through (e) No change.

(2) through (6) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.413 FS. History–Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-4.06(1), (2), Amended 10-1-84, 3-1-88, 10-3-95, 10-16-96, 12-16-97, 2-27-03, 9-10-08, 8-30-09, 9-5-10,_________.

 

40D-4.331 Modification of Permits.

An application for modification of an Environmental Resource Permit shall be processed in accordance with this rule, unless the permit is revoked or expired.

(1) No change.

(2) Applications to modify a construction permit shall be made by formal or Short Form modification:

(a) Formal modifications.

1. No change.

2. A request for modification involving construction within an outparcel of a permitted commercial or industrial development should be made using the General Environmental Resource Permit (ERP) Application for Modification Related to Outparcel Construction Within Permitted Commercial/Industrial Projects, Form No. LEG-R.001.021 (08/11) (4/09), incorporated herein by reference. A copy of the form can be obtained from the District’s website at www.WwaterMmatters.org or from the District offices.

3. No change.

(b) Except for projects identified in paragraph (2)(a), applications to modify a permit may be made by submittal of an “Environmental Resource Permit Modification Short Form”, Form No. LEG-R.013.021 (08/11) (4/09) incorporated herein by reference, a copy of which can be obtained from the District’s website at www.WwaterMmatters.org or from District offices, provided the requested modification does not:

1. through 6. No change.

(3) through (4) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.413, 373.416(1), 373.429 FS. History–Readopted 10-5-74, Formerly 16J-4.13, Amended 10-1-84, 3-1-88, 10-1-88, 6-29-93, 10-3-95, 7-23-96, 2-1-05, 2-6-07, 12-24-07, 1-8-08, 5-12-08, 8-30-09,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bree Gathers
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 30, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 30, 2011