The purpose of the proposed rule amendment is to clarify what impacts the District will consider in determining whether certain activities regulated under Part IV, Chapter 373, Florida Statutes (F.S.), qualify for a General Environmental Resource ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-40.301: Conditions for Issuance of General Permits for Minor Surface Water Management Systems
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to clarify what impacts the District will consider in determining whether certain activities regulated under Part IV, Chapter 373, Florida Statutes (F.S.), qualify for a General Environmental Resource Permit for Minor Surface Water Management Systems under the District's rules. The effect will be to make clear in District rule that activities in, on or over less than 100 square feet of wetlands or other surface waters meet the threshold for this type of general permit.
SUBJECT AREA TO BE ADDRESSED: Permitting thresholds for certain general environmental resource permits under District rules.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.413, 373.414, 373.416, 373.427 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: Karen E. West, Deputy General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651. The District does not discriminate on the basis of disability.
Anyone requiring reasonable accommodation should contact Dianne Lee at [phone], ext. 4658; TDD only: 1(800)231-6103.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40D-40.301 Conditions for Issuance of General Permits for Minor Surface Water Management Systems.

(1) To obtain this general permit, an applicant must provide reasonable assurance that the following conditions are met and certify that:

(a) through (b) No change.

(c) The proposed activities will consist of the dredging or filling of less than 100 square feet in, on or over wetlands or other surface waters. Road or driveway crossings of ditches constructed in uplands will not be counted against the 100 square foot limit;

(d) through (j) No change.

(2) through (3) No change.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.427 FS. History–New 3-1-88, Amended 10-3-95, 10-16-96, 9-26-02, 2-1-05, _________.