The Suwannee River Water Management District gives notice that it is initiating rulemaking to amend rules 40B-4.1110, 40B-4.1140, 40B-4.3020, and 40B-4.3040 for the purpose of adding additional criteria under which an activity ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NOS.:RULE TITLES:

40B-4.1110Modification of Permits

40B-4.1140Limiting Conditions on Permits

40B-4.3020Content of Works of the District Permit Applications

40B-4.3040Unlawful Use of Works of the District

PURPOSE AND EFFECT: The Suwannee River Water Management District gives notice that it is initiating rulemaking to amend rules 40B-4.1110, 40B-4.1140, 40B-4.3020, and 40B-4.3040 for the purpose of adding additional criteria under which an activity may qualify as a minor modification, clarifying rule language, and simplifying the Works of the District permit application form. The effect will be a reduction in regulatory burdens for applicants qualifying for a minor modification, and rules and forms that are more understandable by the regulated public.

SUMMARY: Works of the District permitting.

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: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to require legislative ratification pursuant to Section 120.541(3), 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, 373.171, 373.413 FS.

LAW IMPLEMENTED: 120.57, 120.60, 373.019, 373.084, 373.085, 373.086, 373.117, 373.403, 373.409, 373.413, 373.416, 373.419, 373.423, 373.426, 373.429, 373.439 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: SRWMD [phone] or 1(800)226-1066 (FL only). 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: Sara Zybell, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-4.1110 Modification of Permits.

(1) through (3) No change.

(4) Requests to modify permits for construction or operation shall meet the criteria of this chapter and may be made by application or by letter. Permit modifications shall be classified as major modifications unless they meet any of the criteria below: Requests to modify permits for construction or operation may be made by application or by letter.  Permit modifications shall meet the criteria of this chapter and shall be classified as major modifications unless they meet the criteria in subsection (5) or (6) below.

(a)(5) A minor modification to a Works of the District permit shall be granted provided that The proposed the modification is for the extension of a permit duration with no proposed changes to the previously permitted activity;.

(b)(6) The proposed modification in addition to the previously permitted noticed general or authorized exempt activity pursuant to Rule 40B-4.1070, F.A.C., meets noticed general Works of the District permit criteria and the criteria below: A minor modification to a Works of the District permit shall be granted provided that the proposed modification does not exceed Noticed General permit criteria, unless:

1. All application documents required in Rule 40B-4.3020, F.A.C., have been submitted; and

2. All previously required limiting permit conditions have been met;

(c)(a) The proposed activity is inside of the 50-feet obstruction shadow of a structure previously authorized by District rule and  meets the requirements of paragraphs 40B-4.1110(4)(b)1. and 2., F.A.C.; The proposed modification in addition to the previously permitted noticed general or authorized exempt activity pursuant to Rule 40B-4.1070, F.A.C., meets either general or individual Works of the District permit criteria;

(d)(b) The proposed modification is to a previously permitted general or individual Works of the District permit and the proposed modification meets the noticed general or exemption criteria as set forth in paragraphs 40B-4.1110(4)(b)1. and 2., F.A.C.; or The proposed work is outside of the 50-feet obstruction shadow of an authorized structure;

(e)(c) The proposed modification has already been included in a zero-rise report previously authorized by the District and meets the criteria set forth in paragraphs 40B-4.1110(4)(b)1. and 2., F.A.C. All application documents required in Rule 40B-4.3020, F.A.C., have not been submitted;or

(d) All previously required limiting permit conditions have not been met.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.57, 120.60, 373.084, 373.085, 373.429, 373.439 FS. History–New 9-25-85, Amended 12-22-92, 10-14-13, 1-24-2,[DATE].

 

40B-4.1140 Limiting Conditions on Permits.

(1) The District shall district may impose on permits granted under this chapter such reasonable conditions as are necessary to assure that the permitted project, activities, operations, or development in a Work of the District work of the district will be consistent with the overall objectives of the District district, will not be harmful to the water resources in the District district, and will not endanger public health or safety.

(2) The following standard limiting conditions shall be a part of all permits issued pursuant to this chapter unless waived or modified by the District.

(a) The permittee shall perform all construction authorized in a manner so as to minimize adverse impacts to fish, wildlife, natural environmental values, and water quality. The permittee shall institute necessary measures during construction, including riprap, reinforcement, or compaction of any fill materials placed around newly installed residential and non-residential structures, to minimize erosion, turbidity, nutrient loading, and sedimentation in the receiving waters.

(b) No change.

(c) Noticed General and General permits shall be transferred to the operational and maintenance phase automatically upon the completion of the work or development in a Work of the District work of the district. The operational and maintenance phase of individual permits shall be transfered following the criteria in the Applicant’s Handbook Volume II and Chapter 62-330, F.A.C. Abandonment permits will not become effective until the owner or his authorized agent certifies that all facilities have been removed in accordance with the permit. Within 30 days after the completion of the removal of the work or development in a Work of the District work of the district, the owner or his authorized agent shall complete an As-Built Certification Form 40B-1.901A. When the completed removal of the work or development in a Work of the District work of the district differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the District. Submittal of the completed form shall serve to notify the District that the removal of the work or development in a Work of the District work of the district is complete and ready for inspection. The plans must be clearly labeled as “as-built” or “record” drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor.

(d) No change.

(e) Off-site discharges during and after construction shall be made only through the facilities authorized by the permit. Water discharged from the project shall be through structures suitable for regulating upstream stage if so required by the District district. Such discharges may be subject to operating schedules established by the District district.

(f) The permittee shall hold and save the District district harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, operation, maintenance, alteration, abandonment, work, or development in a Work of the District work of the district which is authorized by the permit.

(g) No change.

(h) This permit does not eliminate the necessity to obtain any required federal, state, local and special District authorizations prior to the start of any activity approved by this permit. It is the responsibility of the permittee to obtain all other clearances, permits, or authorizations required by any unit of federal, state, or local government or special District district. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the changes prior to implementation so that a determination can be made whether a permit modification is required.

(i) through (j) no change.

(k) Each phase or independent portion of the permitted work or development in a Work of the District work of the district must be completed in accordance with the permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the work or development. Each phase or independent portion of the work or development must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the work or development to an approved entity.

(l) through (s) no change.

(3) In addition to the standard limiting conditions set forth in subsection 40B-4.1140(2), F.A.C., the Governing Board shall impose on any permit granted under this chapter, such reasonable project-specific conditions as are necessary to assure that the permitted work or development in a Work of the District work of the district will meet the conditions for issuance in Chapter 40B-4, F.A.C. Upon receipt of notice of intended agency action, any substantially affected person shall have the right to request a hearing in accordance with Chapter 28-106, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.117, 373.171 FS. Law Implemented 373.084, 373.085, 373.117, 373.409, 373.413, 373.416, 373.419, 373.423, 373.426 FS. History–New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04, 11-3-08, 10-14-13, [DATE].

 

40B-4.3020 Content of Works of the District Permit Applications.

(1) Applications for exemption requests and all noticed general or general Works of the District works of the district development permits permit shall be filed with the District district and shall contain all of the following:

(a) Form 40B-4.3020, “Application for a Work of the District Permit for District Floodways,” http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-03167, effective [DATE]August 1, 2013. This document is incorporated herein by reference and may be obtained from the District website at http://www.mysuwanneeriver.com/Permitting, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060. The application form contains the following:

1. The applicant’s name and complete address including zip code;

2. The owner’s name and complete address if applicant is other than the owner;

3. If applicable, the name, complete address, phone number, and contact person of the applicant or owner;

(b) Copies of all permits received from local units of government, state, or federal agencies, including the onsite sewage disposal system permit and any variances issued thereto., and a copy of the onsite sewage disposal system permit issued by the Florida Department of Health under Chapter 64E-6, F.A.C.;

(c) For exemption requests and noticed general Works of the District work of the district permits, a site plan to scale showing all improvements, works, or development prepared by the applicant or his agent. For all other general Works of the District work of the district permits, a site plan to scale showing all improvements, works or development with any conditions or limitations placed thereon prepared by a registered professional including plan and profile views with relevant elevations noted such as the elevation of the lowest structural member and benchmark shown. For exemption requests,both noticed general and general Works of the District work of the district permits, the site plan shall show the location of all trees to be removed which are greater than six inches diameter as measured at four feet, six inches above the natural ground;

(d) For exemption requests and noticed general Works of the District work of the district permits a building plan prepared by the applicant or his agent. For all other general Works of the District work of the district permits, a building plan prepared or submitted by a registered professional showing profile and detail views of the pilings, the elevation of the lowest structural member, and any building components within the area below the 100-year flood/one percent annual chance of flood elevation, and any residential or non-residential structures which are shadowed within 50 feet of the largest obstruction footprint; and

(e) For exemptions and noticed general permits, calculations, designs, surveys, or applicable documents, which support the application and applicable legal documents,

(f) For general, individual and conceptual permits, a signed and sealed survey that includes the top of bank, 75-foot setback, floodway line, Ordinary High Water Line, all easements, existing structures, property lines, benchmarks,

(g) For general, individual and conceptual permits, a zero-rise certification signed and sealed by a Florida registered professional. Such certification shall follow the criteria in Applicant’s Handbook Volume II section 3.6.6. and include step-backwater calculations using the 100-year flood/one percent annual chance of flood discharge rate. The certification shall, include, at a minimum, a location map showing existing and added channel cross sections, a scaled graphical representation of channel geometry for each cross section used in the calculation, a scaled graphical representation of floodway encroachments for pre-development and post-development conditions, pre-development calculations matching existing conditions, and post-development calculations showing the rise in flood elevation.

(h) For general, individual and conceptual permits, an erosion, sedimentation and turbidity control plan that includes performance-based erosion and sediment control best management practices as set forth in section 11.1.2 of Applicant’s Handbook Volume I.

(i) For Individual and conceptual permits that propose commercial works or development in a Work of the District, a signed and sealed calculation of the setback from the top of bank.

(j) For general, individual and conceptual permits all other calculations, designs, surveys, or applicable documents, prepared by a registered professional and applicable legal documents which support the application.

(k)(e) Calculations, designs, surveys, or applicable documents, which support the application.

(l)(f) Applicants must provide copies of legal Documents documents demonstrating ownership.

(m)(g) Where applicable, the applicant must provide the name and address of the person who prepared the plans and specifications of construction.

(n)(h) Where applicable, the applicant must provide the name and address of the person who will construct the proposed work.

(2) Applications for individual or conceptual works of the district permits shall be filed with the district and shall contain the following:

(a) Form 40B-4.3020, “Application for a Work of the District Permit for District Floodways,” This form is available at District headquarters and on the District’s website at www.mysuwanneeriver.com. The application form contains the following:

1. The applicant’s name and complete address including zip code;

2. The owner’s name and complete address if applicant is other than the owner;

3. If applicable, the name, complete address, phone number, and contact person of the owner.

4. General project information including:

a. The applicant’s project name or identification number;

b. The project location relative to county, section, township, and range, or a metes and bounds description;

c. The total project area in acres;

d. The total land area owned or controlled by the applicant or owner which is contiguous with the project area;

e. A description of the scope of the proposed project including the land uses to be served;

f. A description of the proposed surfacewater management system or work;

g. A description of the water body or area which will receive any proposed discharges from the system; and

h. Anticipated beginning and ending date of construction or alteration.

(b) Copies of all permits received from, or applications made to, local units of government, state, or federal agencies.

(c) A site plan to scale showing all improvements, work, or works with any conditions or limitations placed thereon prepared or submitted by a registered professional.

(d) Calculations, designs, and surveys, prepared by a registered professional and applicable legal documents, which support the application.

(e) Copies of engineer or surveyor certifications required by this chapter.

(f) Applicants must provide copies of legal documents demonstrating ownership.

(g) Where applicable, the applicant must provide the name and address of the person who prepared the plans and specification of construction.

(h) Where applicable, the applicant must provide the name and address of the person who will construct the proposed work.

Rulemaking Authority 373.044, 373.113, 373.171, 373.413 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 3-19-86, 9-13-04, 8-8-07, 7-6-08, 4-1-10, 10-14-13, [DATE].

 

40B-4.3040 Unlawful Use of Works of the District.

(1) It shall be unlawful to connect with, place a structure in or across, or otherwise cause development to occur in a Work of the District work of the district without a Works of the District works of the district development permit. The District shalldistrict may use any remedy available to it under Chapter 120 or 373, F.S., and Chapter 40B-1, F.A.C., to cause an unpermitted work or development to be removed or permitted.

(2) It shall be unlawful for any permitted use to violate the provisions of Chapter 373, F.S., or this chapter, or limiting conditions of a Works of the District works of the district development permit. The District shall district may use any remedy available to it under Chapter 120 or 373, F.S., and Chapter 40B-1, F.A.C., to cause the unpermitted use or development to be removed or brought into compliance with Chapter 373, F.S., and this chapter.

(3) Damage to Works of the District works of the district resulting from violations specified in subsections 40B-4.3040(1) through (2), F.A.C., above shall be repaired by the land or riprarian rights owner violator.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 9-13-04, 5-8-05, 8-8-07, 10-14-13, [DATE].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sara Zybell

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: SRWMD Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 11, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 06/11/2021