Publications, Forms and Agreements Incorporated by Reference

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

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

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. 61, March 28, 2013 issue of the Florida Administrative Register.

The hyperlink to the District’s website in subsection (7) of 40D-4.091, F.A.C., has been removed. It will be replaced with a hyperlink to the ERP Applicant’s Handbook Volume II that will be filed with the Department of State when the hyperlink is available.

 

Changes are made to certain sections of the proposed ERP Applicant’s Handbook Volume II, as follows:

 

1.5 Simultaneous Reviews.

Applicants seeking an Environmental Resource Permit typically will also need to obtain additional permits or approvals from other agencies and may have to comply with other legal or regulatory constraints. Because of the time requirements Aside from purely technical aspects, legal and institutional factors also must be considered. Because of legal time constraints for processing permits, it is advisable for the applicant to contact other interested agencies, organizations, and affected citizens prior to submitting a formal application to the District. Summaries of meetings and copies of responses from appropriate parties should be included in the application.

[No further changes]

 

2.2Criteria for Evaluation – Reasonable Assurance. [subsection 2.2 is deleted in its entirety]

Subsections 2.3 through 2.7 are renumbered as 2.2 through 2.6.

 

3.1Discharges.

Off-site discharge is limited to amounts which will not cause adverse off-site impacts.

a.For a project or portion of a project located within an open drainage basin, the allowable discharge is:

1.historic discharge, which is the peak rate at which runoff leaves a parcel of land by gravity under existing site conditions, or the legally allowable discharge at the time of permit application; or

2.amounts determined in previous District permit actions relevant to the project.

 

3.4100-Year Flood Level Determinations.

a.Flood elevations shall be determined using the most accurate information available, which can include:

1.Actual data, including water level, stream flow and rainfall records;, or

2.Hydrologic/hydraulic modeling;, or

3.Federal Flood Insurance Rate Maps and supporting flood study data; or.

4.Floodplain analysis studies approved by the District Governing Board.

b.Flood elevations shall be evaluated for accuracy considering the extent to which flood elevations are validated by site-specific Site-specific data for observed and measured flood elevations shall be compared to modeled or existing study data to verify accuracy.

 

4.3Sewage Treatment Percolation Ponds. Above ground pond dikes shall not be located within 200 feet of water bodies or 100 feet of dry retention areas. The applicant may propose specific alternative measures that are equivalent to these criteria in their effectiveness to protect the water resources and adjacent property. The applicant shall provide the District with reasonable assurance of no adverse impact to the water resources or adjacent property, based on the plans, calculations and other information specific to the design proposed.

 

6.5 Ground Surface Infiltration.

Ground surface infiltration will be reviewed on the basis of commonly accepted procedures. Suggested commonly accepted procedures include: such as those of Soil Conservation Service (see the U.S. Department of Agriculture, Soil Conservation Service Technical Paper No. 149, "A Method for Estimating Volume and rate of Runoff in Small Watersheds" (1973);, the and U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 55, "Urban Hydrology for Small Watersheds" (1975); or the Rational Method as discussed in the (see State of Florida Department of Transportation, "Drainage Manual" (January 2013) (1987) or Hydrology Handbook (February 2012) or standard civil engineering textbooks), unless test data are submitted to justify. Site-specific test data should be submitted to support other methods of calculating ground surface infiltration.

Additional, more current references and design aids are listed in Appendix D.

 

6.7 Runoff.

The usual methods of computation of runoff used by project designers and acceptable to the District are as follows:

a.Rainfall minus losses and storage.

b.Soil Conservation Service design methods (see for example U.S. Department of Agriculture, Soil Conservation Service, "National Engineering Handbook, Section 4, Hydrology." Additional, more current reference sources and design aids can be found in Appendix D.)

c.Rational method, for systems serving projects of less than 10 acres total contributing area (see State of Florida Department of Transportation, "Drainage Manual" Volume 2A 1987; or standard civil engineering texts. Suggested Additional, more current references and design aids are listed in Appendix D).