The Department of Environmental Protection (DEP), in coordination with the five Water Management Districts (WMDs), is conducting rulemaking to develop statewide environmental resource permitting (ERP) rules. The rules rely primarily upon existing ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NOS.:RULE TITLES:
40E-1.602Permits Required
40E-1.603 Application Procedures for Processing Permit Applications or Notices of Intent
40E-1.6065Consideration of Intended Agency Decision on Permit Applications
40E-1.607Permit Application Processing Fees
40E-1.6107Transfer of Environmental Resource, Surface Water Management, or Water Use, or Wetland Resource Permit
40E-1.615Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern
40E-1.659Forms and Instructions
40E-1.715Civil Penalty Calculation
PURPOSE AND EFFECT:  The South Florida Water Management District (“District”) proposes to amend the proposed rules to be consistent with Section 373.4131, F.S. (2012), which requires the Florida Department of Environmental Protection (“DEP”), in coordination with the five water management districts (“WMDs”), to develop environmental resource permit (“ERP”) rules, which will be applicable statewide. These rules rely primarily upon existing rules of DEP and the WMDs, but were revised where 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 published a Notice of Rule Development in the Florida Administrative Register and has posted preliminary draft rule text on its website at http://www.dep.state.fl.us/water/wetlands/swerp/index.htm.  DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will necessitate changes to the District’s Chapter 40E-1, F.A.C.
SUMMARY: To make the District’s rules consistent with DEP’s Chapter 62-330, the District proposes the following:  (1) delete provisions and listed forms that will be included in Chapter 62-330, F.A.C.; (2) insert cross references to Chapter 62-330, F.A.C., and delete cross references to Title 40E rules that are being repealed; (3) reference Chapter 62-330, F.A.C., for the timeframe for action on environmental resource permits; (4) revise permit application fee categories to add some new additional environmental resource permit applicant fee categories and make the categories consistent statewide; and (5) revise Form 0483 to delete reference to Rule 40E-4.351, F.A.C., which is proposed to be repealed.

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 been prepared by the Agency for Rule 40E-1.607, F.A.C.  The Agency has also determined that Rules 40E-1.602, 40E-1.603, 40E-1.6065, 40E-1.607, 40E-1.6107, 40E-1.615, 40E-1.659, and 40E-1.715, F.A.C., 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 for these rules as the repeal of these rules will have no adverse impact on small business.

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:  The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the form entitled “Is a SERC Required?” for Rules 40E-1.607, 40E-1.602, 40E-1.603, 40E-1.6065, 40E-1.607, 40E-1.6107, 40E-1.615, 40E-1.659, and 40E-1.715, F.A.C., and has prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed forms entitled “Is a SERC Required?” and summary and analysis performed by the District in preparing and completing those documents, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.
Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 120.53(1), 218.075, 373.044, 373.109, 373.113, 373.333(1), 373.4131, 373.4135, 373.4136, 373.416, 373.421(2), 373.421(6)(b), 380.051, 668.003, 668.004, 668.50, 695.03, 704.06 FS.
LAW IMPLEMENTED: 120.53(1), 120.57, 120.60, 120.69, 218.075, 373.083, 373.085, 373.106, 373.107, 373.109, 373.113, 373.116, 373.129, 373.171, 373.209(3), 373.229, 373.309, 373.4131, 373.4135, 373.4136, 373.416, 373.417, 373.421, 373.422, 373.426, 373.429, 373.430, 373.436, Chapter 373 Parts II and IV, 373.603, 380.051, 403.201, 668.003, 668.004, 668.50, 704.06 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 9, 2013, 9:00 a.m.
PLACE: South Florida Water Management District Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL , 33406
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: South Florida Water Management District Clerk, 1(800) 432-2045, ext. 2087 or [phone]. 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: Anita R. Bain, Environmental Resource Permitting Bureau Chief, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6866 or [phone], [e-mail]. For procedural questions, contact Jan Sluth, Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6299, or [phone], [e-mail]. Information on this rulemaking process can also be found at http://www.sfwmd.gov/rules.

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40E-1.602 Permits Required.

Unless expressly exempt by statute or District rule, permits must be obtained from the District prior to commencement of the following activities:

(1) through (3) No change.

(4) An individual or general environmental resource permit pursuant to Chapters 62-330 or 40E-4, 40E-40, or 40E-400, F.A.C., or, an individual or general surface water management or wetland resource permit grandfathered pursuant to Sections 373.414(11)-(16), F.S., must be obtained prior to:

(a) Construction, alteration, operation, maintenance, repair or abandonment of any stormwater surface water management system, dam, impoundment, reservoir, appurtenant work or works including dredging or filling as prescribed by District rule,

(b) Establishment and operation of a mitigation bank.

(5) A conceptual environmental resource permit may be obtained for proposed surface water management systems or mitigation banks. However, a conceptual permit does not authorize construction or operation. A conceptual mitigation bank permit can be utilized to estimate the legal and financial requirements for the mitigation bank, information required for evaluation of the mitigation bank permit application, and potential mitigation credits that would be awarded to the specific project proposal.

(6) A proprietary authorization pursuant to Chapters 253 and 258, F.S., is required and shall be reviewed by the District for all activities which require a permit under Chapters 62-330 or 40E-4, 40E-40, or 40E-400, F.A.C., or a permit under subsections 373.414(11)-(16), F.S., and which are located on submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund pursuant to Section 373.427, F.S., Chapter 18-21, F.A.C., and Rules 18-18.014 and 62-343.075, F.A.C.

(7) through (11) No change.

Rulemaking Authority 373.044, 373.113, 373.4131, 373.4135 FS. Law Implemented 120.53(1), 120.57, 120.60, 373.085, 373.106, Chapter 373 Parts II and IV FS. History–New 9-3-81, Formerly 16K-1.06, Amended 7-26-87, 5-11-93, 10-3-95, 4-1-96,________.

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.

40E-1.603 Application Procedures for Processing Permit Applications or Notices of Intent.

(1) Application procedures for environmental resource permits are set forth in Chapter 62-330, F.A.C. The following procedures for processing permit applications or notices of intent apply in addition to the requirements of Section 120.60, F.S., and Chapter 28-106, F.A.C.

(a) No change.

(b) If the District determines that the application is incomplete, the District shall request the information needed to complete the application within 30 days of its receipt.  For individual environmental resource permits, standard environmental resource permits, individual water use permits, and standard general water use permits, the applicant shall have 90 days from receipt of a timely request for additional information to submit that information to the District.

(c) through (e) No change.

(2) No change.

(3)(a) Agency action on individual permits and conceptual approvals for environmental resource permits shall occur within 90 days of receipt of a complete application, including receipt of all requested information and correction of any error or omission of which the applicant was timely notified.

(b) No change.

(c) Agency action on a standard environmental resource permit application in Chapter 40E-40, F.A.C., shall occur within 60 days of receipt of a complete application, including receipt of all requested information and correction of any error or omission of which the applicant was timely notified.

(d) Noticed general environmental resource permits under Chapter 40E-400, F.A.C., may be utilized by the applicant 30 days after the District receives the notice of intent, unless a notice that the project does not qualify for the noticed general permit is sent by regular United States mail or electronic mail by the District within 30 days, in accordance with Rule 40E-400.211, F.A.C. If notice that the proposed project does not qualify for the noticed general permit is sent by regular United States mail or electronic mail by the District to the applicant, the review process under subsection (1) shall be initiated or the applicant shall be required to apply for the appropriate permit if the requested activity is not covered by the noticed general permit rule.

Rulemaking Authority 120.53(1), 373.044, 373.113, 373.4131 FS. Law Implemented 120.60, 373.107, 373.109, 373.116, 373.229, 373.4131, 373.417, 373.421, 373.422, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Formerly 16K-1.08(1)-(8), Amended 7-1-86, 7-26-87, 11-21-89, 5-11-93, 10-3-95, 4-1-96, 7-2-98, 6-12-00, 10-1-06, Amended 12-1-11, 10-23-12,________.

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.

40E-1.6065 Consideration of Intended Agency Decision on Permit Applications.

(1) After the application for a permit is declared by staff to be complete, the District shall prepare a Staff  Review Summary, which shall contain its recommendations regarding the subject application and which shall constitute intended agency decision. A notice of intended agency decision together with the Staff Review Summary shall be furnished to the applicant and any persons requesting the same pursuant to Rule 40E-1.6058, F.A.C., as applicable. The notice shall state the District Staff's recommendation that the District approve, deny, or approve with conditions the permit application and the reasons therefore.

(2) If staff’s recommendation is for denial, tThe District shall consider the application for a conceptual approval, individual environmental resource, individual surface water management, or individual water use permit application at its next available regularly scheduled regulatory meeting following the mailing or electronic mailing of notice of intended agency decision, unless an administrative hearing is requested and granted pursuant to Section 120.569, F.S.

(3) In no case shall agency action be taken later than 60 90 days after the application for a conceptual approval, or individual environmental resource permit, or later than 90 days for an individual water use permit is declared complete unless waived by the applicant or stayed by the filing of a petition for an administrative hearing. The permit applicant may voluntarily waive the timeline for governing action on the permit application in Section 120.60, F.S., in order to resolve any outstanding issues, including third party objections, regarding the project.

(4) No change.

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 120.60, 373.079, 373.083, 373.107, 373.109, 373.116, 373.4141, 668.003, 668.004, 668.50 FS. History–New 7-2-98, Amended 6-12-00, 10-1-06, 10-23-12,_________.

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.

40E-1.607 Permit Application Processing Fees.

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. An application shall not be considered complete until the appropriate application fee is submitted. These fees are assessed in order to defray the cost of evaluating, processing, monitoring, and inspecting for compliance required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to be exempt or the fee submitted is determined by the District to be incorrect. Failure of any person to pay the applicable fees established herein will result in denial of an application. Activities that do not require a permit and are exempt pursuant to Rule 40E-2.051 or 40E-3.051, F.A.C., are not subject to the following permit application fees. The District’s permit application processing fees are as follows:

(1) through (2) No change.

(3)(a) Environmental Resource Permit Application processing fees are in the following table:

TABLE 40E-1.607(3)(a)

PERMIT APPLICATION PROCESSING FEES FOR

ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS

REVIEWED PURSUANT TO CHAPTERS 62-330 40E-4, 40E-40, AND 40E-400, F.A.C.

For the purposes of determining the applicable processing fee, “project area” means the total area wherein works occur as part of an activity requiring a permit under Part IV of Chapter 373, F.S., including all portions of the stormwater management system serving the project area. Fee amounts shall apply to applications for conceptual and construction, or conceptual, or construction, except as noted.

1. Use of the reviewing agency’s electronic self-certification system		$0
2. Verification of exemption under Section 373.406 or 403.813(1), F.S., or under Rules 62-330.050 through 62-330.051, F.A.C.		$100
3. Verification of qualification to use a Noticed General Permit		$250
4. Individual or Conceptual Approval Permits, excluding Permits for a Mitigation Bank
a. New applications – the processing fee for a new permit application shall be as determined from the categories below:
(I) Total project area of less than 10 acres and no activities in, on or over wetlands or other surface waters, except where exempt under Rule 62-330.051(9)(a) through (c), F.A.C.		$2000
(II) Project exceeds any of the thresholds in (3)(a)4.a.(I), above but involves a total project area of less than 10 acres, less than 1 acre of works (i.e. dredging, filling, construction, or alteration) in, on or over wetlands and other surface waters, AND less than 10 new boat slips		$3500
(III) Project exceeds any of the thresholds in (3)(a)4.a.(II), above, but involves a total project area of less than 40 acres, less than 3 acres of works in, on or over wetlands and other surface waters, AND less than 30 new boat slips		$5500
(IV) Project exceeds any of the thresholds in (3)(a)4.a.(III), above, but involves a total project area of less than 100 acres, less than 10 acres of works in, on or over wetlands and other surface waters, AND less than 50 new boat slips		$7500
(V) Project exceeds any of the thresholds in (3)(a)4.a.(IV), above, but involves a total project area of less than 640 acres, AND less than 50 acres of works in, on or over wetlands and other surface waters		$13,125
(VI) Project exceeds any of the thresholds (3)(a)4.a.(V), above		$25,000
(VII) Projects that are exclusively for agriculture or silviculture, and that involve a total project area of less than 10 acres AND less than 1 acre of works (i.e. dredging, filling, construction, or alteration) in, on or over wetlands and other surface waters		$859
(VIII) Projects that are exclusively for agriculture or silviculture, and that exceed any of the thresholds in (3)(a)4.a.(VII), above, but involves a total project area of less than 40 acres AND less than 3 acres of works in, on or over wetlands and other surface waters		$2,444
(IX) Projects that are exclusively for agriculture or silviculture, and that exceed any of the thresholds in (3)(a)4.a.(VIII), above, but involve a total project area of less than 100 acres AND less than 10 acres of works in, on or over wetlands and other surface waters		$4,029
(X) Projects that are exclusively for agriculture or silviculture, and that exceed any of the thresholds in (3)(a)4.a.(IX), above, but involve a total project area of less than 640 acres AND less than 50 acres of works in, on or over wetlands and other surface waters		$5,284
(XI) Projects that are exclusively for agriculture or silviculture, and that exceed any of the thresholds in (3)(a)4.a.(X), above		$6,605
(XII) Individual or Conceptual Permits solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S.  For the purposes of this provision, the term “environmental restoration or enhancement” means an action or actions designed and implemented solely to convert degraded or altered uplands, wetlands, or other surface waters to intact communities typical of those historically present, or to improve the quality and condition of currently degraded wetlands or other surface waters to a more healthy, functional, and sustaining condition for fish, wildlife, and listed species		$250
(XIII) Individual or Conceptual Permit solely to retrofit an existing stormwater management system or systems to add treatment to and reduce stormwater pollutant loadings from the system or systems		$250
b. Major Modifications that exceed any of the thresholds in Rule 62-330.315(3), F.A.C.:
(I) An Individual Permit or modification for a phase of construction that is consistent with an existing Conceptual Approval Permit		$1500
(II) Major Modifications to an Individual or Conceptual Approval Permit that increase the project area		60% of fee for new permit for the same activity
(III) All other Major Modifications		60% of fee for new permit for the same activity
c. Minor Modifications that do not exceed any of the thresholds in Rule 62-330.315(2), F.A.C.:
(I) Time Extensions of Permits, where not exempt from fees under Florida Statutes		$500
(II) Minor Modifications to correct minor errors that do not involve technical review,  to transfer ownership of a permit, or to transfer a permit from the construction to the operation phase		$0
(III) All other Minor Modifications		$250
5. Individual or Conceptual Permits for a Mitigation Bank
a.New applications (I) for a Mitigation Bank with a permit area less than 100 acres		$7,500
(II) for a Mitigation Bank with a permit area greater than 100 acres but less than 640 acres (III) for a Mitigation Bank with a permit area of 640 acres or more b. Major Modifications involving changes to one or more of the following components: service area; credit assessment; success or release criteria; hydrologic structures or alterations; constructions or mitigation design that does not increase the project area; elimination of lands; or monitoring or management plans:		$13,125   $25,000
(I) Affecting one of the above components		20% of the fee under 5.a.
(II) Affecting two of the above components		40% of the fee under 5.a.
(III) Affecting three of the above components		60% of the fee under 5.a.
(IV) Major modifications affecting four or more of the above components or that increase the project area		100% of the fee under 5.a.
c. Major Modifications that do not involve changes to the components listed in (3)(a)5.b. above, but that exceed any of the thresholds in Rule 62-330.315(2), F.A.C.:		100% of the fee under 5.a.
d. Minor Modifications that do not exceed any of the thresholds in Rule 62-330.315(2), F.A.C.:
(I) Time Extensions of Permits, where not exempt from fees under Florida Statutes		$500
(II) To correct minor errors that do not involve technical review, to transfer ownership of a permit, or to transfer a permit from the construction to the operation phase		$0
(III) All other Minor Modifications		$250
e. Mitigation Bank Credit Release		$0
f. Mitigation Bank Credit Withdrawal		$0
6. Informal Wetland Determination
a. Where total area included is less than 1 acre		$250
b. Where total area included is greater than 1 acre		$500
7. Variance or Waiver:
a. Under Section 120.542, F.S.		$0
b. Under Section 373.414(17), F.S.		$1,125
8. Fee reductions:
a. Applications by an entity qualifying under Section 218.075, F.S., when the fee exceeds $100.00		$100.00
b. Applications submitted by the U.S. Department of Defense		$0
c. For resubmittal, within 365 days, of an application for the same project that was previously withdrawn, under Rule 62-330.071(3), F.A.C., any fee paid as part of the previous application will be applied toward the fee required for the application under this rule		Previously paid fee shall be applied
	Category		Amount
	New Individual Permit
	Project area less than 100 acres
	Agriculture		$4,029
	All others, including Mitigation Banks		$7,500
	Project area 100 acres to less than 640 acres
	Agriculture		$5,284
	All others, including Mitigation Banks		$13,125
	Project area 640 acres or more
	Agriculture		$6,605
	All others, including Mitigation Banks		$25,000
	Individual Permit Modification
	Project area less than 100 acres
	Agriculture		$2,708
	All others, including Mitigation Banks		$5,000
	Project area 100 acres to less than 640 acres
	Agriculture		$3,303
	All others, including Mitigation Banks		$10,000
	Project area 640 acres or more
	Agriculture		$4,624
	All others, including Mitigation Banks		$15,000
	New Standard Permit (excluding incidental site activities pursuant to Rule 40E-40.042, F.A.C.)
	Agriculture		$859
	All others		$3,500
	Standard Permit Modification including
	Application for phase construction under a
	Conceptual Approval
	Application for individual permit modification
	for a system which does not exceed the criteria
	in Rule 40E-40.041, F.A.C. and which is not
	required to obtain an individual environmental
	resource permit for the reasons in subsection
	40E-40.011(2), F.A.C.
	Agriculture		$661
	All others		$1,500
	Noticed General Permit pursuant to Chapter 40E-400, F.A.C., including aquaculture		$250
	Single family residential homesite consisting of 10 acres or less in total land area		$100
	Standard Permit for incidental site activities pursuant
	to Rule 40E-40.042, F.A.C. (Early Work)		$1,000
	Transfer of permit (including Mitigation Bank) to another entity
	pursuant to Rules 40E-1.6107 and 40E-4.351, F.A.C.		$675
	Variance associated with an environmental resource permit application
	From paragraph 40E-4.301(1)(e), F.A.C.		$750
	From other permitting standards, permit conditions, or water quality standards		$1,500
	New Individual Operation Permit		$5,250
	Letter Modification		$250
	New Individual or Standard Permits, or Individual or Standard Permit
	Modifications, solely for environmental restoration or enhancement activities provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S. Such activities may include incidental passive recreation and facilities to provide public access to the environmental restoration or enhancement site		$250
	No Notice General Permits pursuant to Rules 40E-400.315 and 40E-400.316, F.A.C. Verification that an activity is exempt from regulation under Part IV, Chapter 373 or 403.813, F.S. Informal wetland boundary determinations under Part IV of Chapter 373, F.S., for property less than or equal to 1 acre Permit Extensions		$100 $100   $500 $500

9.1. When used in Table paragraph 40E-1.607(3)(a), F.A.C., “Agriculture” shall be defined as set forth in Section 570.02, F.S.

10.2. For permit applications which involve a combination of fee categories, the highest fee that applies shall be charged.

11.3. Any individual permit application submitted concurrently with a conceptual approval application – where the individual permit application represents a phase of the conceptual approval application – is exempt from the above environmental resource permit fees.

12.4. For projects grandfathered pursuant to Section 373.414, F.S., the letter modification, conceptual approval, individual or general surface water management permit application fee shall be the same as listed in Table paragraph 40E-1.607(3)(a), F.A.C.

13.5. The District shall use the Consumer Price Index (CPI) adopted by the United States Department of Labor since the most recently revised fee increase for revising fees under Part IV of Chapter 373, F.S., pursuant to Section 373.109, F.S. The inflation index used is the price paid by all urban consumers for a market basket of consumer goods and services; specifically, the CPI figures for the “CPI-U, U.S. City Average. All Items” established for the previous five years by the Bureau of Labor Statistics (BLS) (www.bls.gov/cpi), computed as provided in the BLS publication Bureau of Labor Staticstics Handbook of Methods, Chapter 17 (www.bls.gov/opub/hom/pdf/homch17.pdf).

(b) No change.

(4) No change.

(5) Petition for Formal Determination of Wetlands and Other Surface Waters processing fees are in the following table:

TABLE 40E-1.607(5)

DETERMINATION PETITION PROCESSING FEES FOR

FORMAL DETERMINATION OF WETLANDS AND

OTHER SURFACE WATERS

For the validation of informal, non-binding wetland determinations pursuant to Section 373.421(6), F.S., the fees shall be the same as formal determinations listed in Table subsection 40E-1.607(5), F.A.C.

Category	Amount
Property less than or equal to 10 acres	$500
Property greater than 10 acres but less than or equal to 40 100 acres	$1,000 1,500
Property greater than 40 acres but less than or equal to  100 acres	$1500
Additional fee per 100 acres (or portion thereof) beyond the first 100 acres	$350
Property greater than 100 acres but less than or equal to 320 acres	$3,500
Property greater than 320 acres	$5,000
Reissuance of a Formal Determination Renewal	$350

(6) No change.

(7) PERMIT APPLICATION PROCESSING FEES FOR MODIFICATION OR TRANSFER OF ENVIRONMENTAL RESOURCE, SURFACE WATER MANAGEMENT OR WORKS OF THE DISTRICT PERMITS FOR PROPERTIES ACQUIRED BY THE DISTRICT PURSUANT TO THE FLORIDA FOREVER WORK PLAN OR SAVE OUR RIVERS LAND ACQUISITION AND MANAGEMENT PLAN:

(a) Modification of existing permits to reflect property ownership changes where no new works or modifications to an existing stormwater surface water management system is requested.	$0
(b) Permit transfer pursuant to Rules 40E-1.6107 and 62-330.340 40E-4.351, F.A.C.	$0

Rulemaking Authority 373.044, 373.109, 373.113, 373.421(2), 373.421(6)(b), 373.4131 FS. Law Implemented 218.075, 373.109, 373.4131, 373.421(2), 373.421(6)(b), 403.201 FS. History–New 1-8-89, Amended 1-2-91, 11-15-92, 6-1-93, 1-23-94, 10-3-95, 4-1-96, 11-8-99, 5-24-00, 6-26-02, 7-11-02, 8-10-03, 8-14-03, 11-18-07, 11-1-09, 12-15-11, 10-23-12,_________.

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.

40E-1.6107 Transfer of Environmental Resource, Surface Water Management, Water Use Permit or Wetland Resource Permit.

(1) The procedures for the transfer of environmental resource permits are set forth in Rule 62-330.310, F.A.C.  To transfer a an environmental resource, surface water management, water use, or wetland resource permit, the permittee, in addition to satisfying the applicable provisions in Rules 40E-2.351, 40E-4.351, and 40E-20.351, and 40E-40.351, F.A.C., must submit Form No. 0483, (date), (hyperlink), October 2012, http://www.flrules.org/Gateway/reference.asp?No=Ref-01531, Request for Environmental Resource, Surface Water Management, Water Use, or Weltand Resource Permit Transfer, incorporated by reference herein.  Form 0483 is also available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6436, or [phone].

(2) through (5) No change.

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 373.083, 373.171, 373.309, 373.416, 373.426, 373.429, 373.436, 668.003, 668.004, 668.50 FS. History–New 5-11-93, Amended 10-3-95, 10-1-06, 10-23-12,__________.
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.

40E-1.615 Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern.

(1) through (2) No change.

(a) No change.

(b) No permit and no coordinated agency review participation by the District is required for surface water management activities which are exempted by Rule 62-330.051 40E-4.051 (Exempt Activities Exemptions), F.A.C.

(3) The following coordinated agency review procedures apply to projects which require permits pursuant to Chapters 40E-2 or 40E-20 (Consumptive Use), 62-330, and 40E-4 or 40E-40, (Environmental Resource), F.A.C.:

(a) The Coordinated Review Application shall consist of the application information required by Rules 40E-1.603 (Application Procedures for Processing Permit Applications or Notices of Intent), 40E-2.101 (Content of Application) or 62-330.060 40E-4.101 (Content of Application), F.A.C.

(b) through (f) No change.

Rulemaking Authority 373.044, 373.113, 373.4131, 380.051 FS. Law Implemented 373.4131, 380.051, 668.003, 668.004, 668.50 FS. History– New 9-22-87, Amended 10-3-95, 10-1-06, 12-1-11, 10-23-12,__________.

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.

40E-1.659 Forms and Instructions.

The following forms and instructions are incorporated by reference throughout the District’s rules as specified below and are listed herein for convenience. Hyperlinks are provided in the rules in which the forms and instructions are referenced and can be obtained without cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 6436, or [phone].

Form No.	Date	Title
0186	No change.	No change.
0188-QMQ	No change.	No change.
0188-QASR	No change.	No change.
0188-QMON	No change.	No change.
0188-QMQF	No change.	No change.
0188-QCROP	No change.	No change.
0188-QBWDR	No change.	No change.
0444	12-11	Application for a Standard Permit for Incidental Site Activities, incorporated by reference in paragraph 40E-40.042(5), F.A.C.
0445	No change.	No change.
0483	­­­­ 9-04	Request for Environmental Resource, Surface Water Management, Water Use or Wetland Resource Permit Transfer, incorporated by reference in paragraph 40E-1.6107(1), F.A.C.
0645-W01	No change.	No change.
0645-G60	No change.	No change.
0645-G61-1	No change.	No change.
0645-G61-2	No change.	No change.
0645-G65	No change.	No change.
0645-G74	No change.	No change.
0645-G69	No change.	No change.
0645-G70	No change.	No change.
0645-G71	No change.	No change.
0645-G72	No change.	No change.
0645-G73	No change.	No change.
0779	No change.	No change.
0881A	12-11	Environmental Resource/Surface Water Management Permit Construction Completion Certification, incorporated by reference in paragraph 40E-4.361(1)(b), F.A.C.
0881B	12-11	Environmental Resource/Surface Water Management Permit Construction Completion Certification-For Projects Permitted Prior to October 3, 1995, incorporated by reference in paragraph 40E-4.361(1)(b), F.A.C.
0889	No change.	No change.
0920	12-11	Request for Conversion of District Environmental Resource/Surface Water Management Permit from Construction Phase to Operation Phase and Transfer of Permit to the Operating Entity, incorporated by reference in paragraph 40E-4.361(1)(a), F.A.C.
0960	12-11	Environmental Resource/Surface Water Management Permit Construction Commencement Notice, incorporated by reference in paragraph 40E-4.381(1)(d), F.A.C.
0961	12-11	Environmental Resource/Surface Water Management Permit Annual Status Report for Surface Water Management System Construction, incorporated by reference in paragraph 40E-4.361(1)(e), F.A.C.
0971	5-12	Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, incorporated by reference in paragraph 40E-4.101(1)(b), F.A.C.
0972	5-12	Petition for a Formal Wetland and Surface Water Determination, incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
0974	12-11	Notice of Intent to Construct a Minor Silvicultural System, incorporated by reference in subsection 40E-400.500(2), F.A.C.
0980	5-12	Notice of Intent to Use a Noticed General Environmental Resource Permit, incorporated by reference in subsection 40E-400.400(2), F.A.C.
1019	12-11	Mitigation Bank Performance Bond to Demonstrate Construction/Implementation Financial Assurance, incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1020	12-11	Mitigation Bank Irrevocable Letter of Credit to Demonstrate Construction/Implementation Financial Assurance, incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1021	12-11	Mitigation Bank Standby Trust Fund Agreement to Demonstrate Construction/Implementation Financial Assurance, incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1022	12-11	Mitigation Bank Trust Fund Agreement to Demonstrate Construction/Implementation Financial Assurance, incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1023	12-11	Mitigation Bank Trust Fund Agreement to Demonstrate Perpetual Management Financial Assurance, incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1024	12-11	Mitigation Bank Standby Trust Fund Agreement to Demonstrate Perpetual Management Financial Assurance, incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1045	No change.	No change.
1105	12-11	Performance Bond to Demonstrate Financial Assurance, incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1106	12-11	Irrevocable Letter of Credit to Demonstrate Financial Assurance, incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1189	12-11	Notice of Environmental Resource or Surface Water Management Permit, incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1190	12-11	Deed of Conservation Easement (Standard), incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1191	12-11	Deed of Conservation Easement (Standard Passive Recreational), incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1192	12-11	Deed of Conservation Easement (Standard Riparian), incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1194	12-11	Deed of Conservation Easement (Third Party Standard), incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1195	12-11	Deed of Conservation Easement (Third Party Passive Recreational), incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1196	12-11	Deed of Conservation Easement (Third Party Riparian), incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1197	12-11	Restrictive Covenant (Standard), incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
1318	12-11	Deed of Conservation Easement (Local Governments), incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
62-532.900(1)	No change.	No change.
62-532.900(2)	No change.	No change.

Rulemaking Authority 218.075, 373.044, 373.113, 373.4136, 373.416, 695.03, 704.06 FS. Law Implemented 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, 7-4-10, 12-15-11, 5-20-12, 10-23-12,__________.

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.

40E-1.715 Civil Penalty Calculation.

(1) Consistency and equitable treatment are essential elements of the District’s enforcement guidelines. Therefore, the District has developed two civil penalty matrices (CPM) for use in calculating appropriate civil penalties in enforcement actions. The Consumptive Use CPM, October 2012, http://www.flrules.org/Gateway/reference.asp?No=Ref-01532, is incorporated by reference herein and utilized for violations of Chapters 40E-2, 40E-3, 40E-5, 40E-20, 40E-21, F.A.C. The Environmental Resource CPM, October 2012  http://www.flrules.org/Gateway/reference.asp?No=Ref-01533, is incorporated by reference herein and utilized for violations of Chapters 62-330, 40E-4, 40E-40, 40E-41, 40E-61, and 40E-63 and 40E-400, F.A.C. Copies of the CPMs are also available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33405, 1(800)432-2045, ext. 6436, or [phone].

(2) through (5) No change.

Rulemaking Authority 120.53(1), 373.044, 373.113, 373.333(1) FS. Law Implemented 120.69, 373.129, 373.209(3), 373.430, 373.603 FS. History– New 10-3-95, Amended 10-23-12,__________.

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.

NAME OF PERSON ORIGINATING PROPOSED RULE: Anita R. Bain, Environmental Resource Permitting Bureau Chief
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 14, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2012