To incorporate by reference a conservation easement for local government use when the local government is submitting a permit involving a conservation easement to the South Florida Water Management District (District) as a component of the ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-1.659: Forms and Instructions
PURPOSE AND EFFECT: To incorporate by reference a conservation easement for local government use when the local government is submitting a permit involving a conservation easement to the South Florida Water Management District (District) as a component of the Environmental Resource Permit process. The regulated public, in this case the local government, will benefit by the incorporation of this form into the District’s rules by reducing review time for both the local government and District staff reviewers and by ensuring that the form is consistent with the requirements of Section 704.06, Florida Statutes, and other conservation easement forms adopted by the District.
SUBJECT AREA TO BE ADDRESSED: Real Property Conveyances and Restrictions, Section 4.3.8 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District, incorporated by reference in Rule 40E-4.091, F.A.C.
SPECIFIC AUTHORITY: 120.53, 218.075, 373.044, 373.113, 373.4136, 373.416, 695.03, 704.06 FS.
LAW IMPLEMENTED: 120.53, 218.075, 373.113, 373.4135, 373.4136, 373.416, 704.06 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anita Bain, Director, Environmental Resource Permitting Division, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone [phone], extension 6866 or [phone], or by email to: [e-mail]. For procedural questions please contact Kathie Ruff, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone [phone], extension 6299 or [phone], or by email to: [e-mail]
Copies of the proposed form are located at the District’s website at: my.sfwmd.gov/permitting in the right hand column under “rule development”. Copies can also be obtained by contacting Kathie Ruff, Paralegal at the contact information provided above.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40E-1.659 Forms and Instructions.

(1) The following forms and instructions are hereby incorporated by reference into this chapter:

Form No.DateTitle

0050A7-89Application to the South Florida Water Management District for a Permit for

Utilization of District Works or Modification of Existing Permit Works of the

District No.

01083-91Application for Release of Mineral, Canal, and Road Reservations Reserved Under

Chapters 6456, 6957, 7305, 9131, 14717 and 20658, Laws of Florida

01138-95Surface Water Management Permit No.

01158-95Surface Water Management Permit Modification No.

01198-95Wetland Resource Permit No.

01224-93Application to the South Florida Water Management District for Authority to Utilize

Works or Land of the District

01234-95Well Construction Permit Application

012411-90Well Completion Report

01458-95Environmental Resource Permit No.

01578-95Environmental Resource Permit Modification No.

0188-QMQ8-03Quarterly Report of Withdrawals

0188-MDQ8-03Monthly Report of Daily Withdrawals

0188-QASR8-03Quarterly Report of Injections and Withdrawals for Aquifer Storage and Recovery

(ASR) Wells]

0188-QMON8-03Quarterly Report of Monitoring Requirements

0188-QMQF8-03Quarterly Report of Withdrawals from Wells and Surface Water Pumps

0188-QCROP8-03Report of Planting and Harvest of Seasonal Crops

0188-QBWDR8-03Quarterly Report of Bulk Water Delivered and Received

01956-91Public Water Supply Well Information and Classification

019610-89Water Well Inspection Scheduling Card

02991-90Water Use Permit No.

04448-95Application for a Standard General Permit for Incidental Site Activities

04458-03Mining/Dewatering Permit Application (RC-1A, RC-1W,               RC-1G)

04839-04Request for Environmental Resource, Surface Water Management, Water Use or

Wetland Resource Permit Transfer

0645-W018-03Water Use Permit Application (RC-1A, RC-1W, RC-1G)

0645-G608-03Table A Descriptions of Wells

0645-G61-18-03Table B Description of Surface Water Pumps

0645-G61-28-03Table C Description of Culverts

0645-G658-03Table D Crop Information

0645-G748-03Table E Water Received From or Distributed to Other Entities

0645-G698-03Table F Past Water Use & Table G Projected Water Use

0645-G708-03Table H Projected Water Use (For Per Capita Greater than 200 GPD)

0645-G718-03Table I Water Treatment Method and Losses

0645-G728-03Table J Aquifer Storage and Recovery

0645-G738-03Table K Water Supply System Interconnections

07795-92Guidance for Preparing an Application for a “Works of the District” Permit in the

Everglades/Application for a Works of the District Permit

08304-94Special Use Application and License

0881A9-03Environmental Resource/Surface Water Management Permit Construction

Completion Certification

0881B9-03Environmental Resource/Surface Water Management Permit Construction

Completion Certification – For Projects Permitted Prior to October 3, 1995

08899-04Certification of Waiver of Permit Application Processing Fee

09209-04Request for Conversion of District Environmental Resource/Surface Water

Management Permit from Construction Phase to Operation Phase and Transfer of

Permit to the Operating Entity

09418-95Environmental Resource Standard/Noticed General Permit No.

09428-95Surface Water Management General Permit No.

09609-04Environmental Resource/Surface Water Management Permit Construction

Commencement Notice

09619-04Environmental Resource/Surface Water Management Permit Annual Status Report

for Surface Water Management System Construction

09702-04Applicant Transmittal Form for Requested Additional Information

09718-95Joint Application for Environmental Resource Permit/Authorization to Use State

Owned Submerged Lands/Federal Dredge and Fill Permit

09728-95Petition for a Formal Wetland and Surface Water Determination

09738-95Above Ground Impoundment Inspection/Certification Report

09748-95Notice of Intent to Construct a Minor Silvicultural System

09808-95Notice of Intent to Use a Noticed General Environmental Resource Permit

10199-04Mitigation Bank Performance Bond to Demonstrate Construction/Implementation

Financial Assurance

10209-04Mitigation Bank Irrevocable Letter of Credit to Demonstrate

Construction/Implementation Financial Assurance

10219-04Mitigation Bank Standby Trust Fund Agreement to Demonstrate

Construction/Implementation Financial Assurance

10229-04Mitigation Bank Trust Fund Agreement to Demonstrate

Construction/Implementation Financial Assurance

10239-04Mitigation Bank Trust Fund Agreement to Demonstrate Perpetual Management

Financial Assurance

10249-04Mitigation Bank Standby Trust Fund Agreement to Demonstrate Perpetual

Management Financial Assurance

11056-02Performance Bond to Demonstrate Financial Assurance

11066-02Irrevocable Letter of Credit to Demonstrate Financial Assurance

11098-03Water Use General Permit

11892-06Notice of Environmental Resource or Surface Water Management Permit

11901-07Deed of Conservation Easement (Standard)

11911-07Deed of Conservation Easement (Standard Passive Recreational)

11921-07Deed of Conservation Easement (Standard Riparian)

11941-07Deed of Conservation Easement (Third Party Standard)

11951-07Deed of Conservation Easement (Third Party Passive Recreational)

11961-07Deed of Conservation Easement (Third Party Riparian)

11971-07Restrictive Covenant (Standard)

1318_____Deed of Conservation Easement (Local Governments), incorporated by reference in Section 4.3.8 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, incorporated by reference in Rule 40E-4.091, F.A.C.

Rulemaking Specific Authority 120.53, 218.075, 373.044, 373.113, 373.4136, 373.416, 704.06 FS. Law Implemented 120.53, 218.075, 373.113, 373.4135, 373.4136, 373.416, 704.06 FS. History–New 9-3-81, Amended 12-1-82, 3-9-83, Formerly 16K-1.90, Amended 7-26-87, 11-21-89, 1-4-93, Formerly 40E-1.901, Amended 5-11-93, 4-20-94, 10-3-95, 6-26-02, 8-14-02, 8-31-03, 9-16-03, 9-20,04, 2-12-06, 1-23-07, 8-7-07,_________.