General environmental resource permits are issued for activities that fall below certain specified thresholds. Activities exceeding these thresholds must be authorized through issuance of an individual environmental resource permit. The purpose of ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-40.302: Conditions for Issuance of General Permits
PURPOSE AND EFFECT: General environmental resource permits are issued for activities that fall below certain specified thresholds. Activities exceeding these thresholds must be authorized through issuance of an individual environmental resource permit. The purpose of this rulemaking is to clarify the threshold for general environmental resource permits when activities are proposed to occur in, on or over wetlands and other surface waters. The effect will be to reduce unnecessary regulatory burdens and achieve other streamlining benefits for the regulated public when proposed activities involve minor work in certain isolated small wetlands and other surface waters, by allowing issuance of general permits for these activities.
SUMMARY: Under current rule language, one of the thresholds for a general permit is that activity in, on or over wetlands and other surface waters must be limited to one acre or less. Excluded from the calculation of this one-acre threshold for general permits are upland-cut ditches and any wholly owned isolated wetland or other surface water that is less than one-half acre in size and for which mitigation is not required. Under Section 3.2.2.2 of the District’s Environmental Resource Permitting Information Manual Part B, Basis of Review, alterations to wholly owned ponds constructed entirely in uplands and less than one acre in size do not require mitigation to offset any adverse impacts to fish and wildlife. Accordingly, the proposed amendment will make these two provisions consistent and will increase the size for excluding activities in wholly owned ponds that are constructed entirely in uplands from one-half acre to up to one acre, as impacts to such ponds up to one acre in size do not require mitigation for adverse impacts to fish and wildlife. The result will be that activities which previously may have been excluded from qualifying as a general permit due to the fact that the project involved an upland-constructed pond larger than one-half acre but less than one acre will now be able to qualify for a general permit, which has a lower application fee than an individual permit.
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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.
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, 373.118 FS.
LAW IMPLEMENTED: 373.079(4)(a), 373.083(5), 373.413, 373.414, 373.416, 373.419 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
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: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899, telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to [e-mail].. 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: Barbara Martinez, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone] (4660), (OGC #2011051)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-40.302 Conditions for Issuance of General Permits.

In order to qualify for a general permit for construction and operation under this chapter, the applicant must provide reasonable assurance that the surface water management system meets all conditions of subsection 40D-40.302(1), F.A.C., all thresholds in subsection 40D-40.302(2), F.A.C., and all applicable additional conditions of subsections 40D-40.302(3) and 40D-40.302(4), F.A.C. To obtain a general site conditions assessment permit under this chapter, the applicant must provide reasonable assurance that all conditions of subsection 40D-40.302(5), F.A.C., are met. To obtain a permit for construction of incidental site activities under this chapter, the applicant must provide reasonable assurance that all conditions of subsections 40D-40.302(1) and 40D-40.302(6), F.A.C., are met.

(1) Conditions. The surface water management system must meet the conditions specified in Rules 40D-4.301 and 40D-4.302, F.A.C.

(2) Thresholds.

(a) The project area except for public highway projects, must be less than 100 acres.

(b) Construction or alteration of a system, including dredging or filling to occur in, on or over a total of one acre or less of wetlands and other surface waters. For this purpose, calculation of the one acre area shall not include:

1. Ditches that were originally constructed in uplands.

2. Any wholly owned, isolated wetland or other surface water less than one-half acre in size and for which mitigation is not required.

3. Any wholly owned pond constructed entirely in uplands and less than one acre in size for which mitigation is not required.

(3) through (6) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.413, 373.414, 373.416, 373.419 FS. History–New 10-1-84, Amended 3-1-88, 5-10-88, 9-13-88, 10-3-95, 7-23-96, 7-16-02, 9-26-02, 8-3-03, 2-19-04, 2-1-05, 11-2-09,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Clark Hull, Environmental Regulation Program Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 10, 2011