The purpose and effect of the proposed rule amendments are to provide greater flexibility for conceptual ERP permits by reducing the level of application detail required and extending the duration of conceptual permits. This rulemaking will also ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-4.021: Definitions
40D-4.041: Permits Required
40D-4.321: Duration of Permit
40D-4.331: Modification of Permits
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to provide greater flexibility for conceptual ERP permits by reducing the level of application detail required and extending the duration of conceptual permits. This rulemaking will also clarify the circumstances under which subsequent rule changes will not affect projects constructed pursuant to a conceptually approved design.
SUBJECT AREA TO BE ADDRESSED: Conceptual Environmental Resource Permits.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.403, 373.413, 373.416, 373.416(1), 373.426, 373.427, 373.429, 373.805 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 PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

       40D-4.021 Definitions.

When used in this chapter and Chapters 40D-40 and 40D-400, F.A.C.:

       (1) through (2) No change.

       (3) “Conceptual Permit” means an Environmental Resource Permit that issued by the District which approves the design concepts of a phased development master plan for a surface water management system or for a mitigation bank which is binding upon the District and the permittee based upon the rules in effect at the time of filing of the conceptual application and constitutes final District action so that construction and operation permits for each phase will be reviewed under the permitting criteria in effect when the application for the conceptual permit was filed.

       (4) through (22) No change

Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.403, 373.413 FS. History–Readopted 10-5-74, Formerly 16J-4.02, Amended 10-1-84, 3-1-88, 9-11-88, 10-3-95, 7-23-96, 2-27-02, 9-26-02, 2-19-04, 2-6-07,________.

 

       40D-4.041 Permits Required.

       (1) No change

       (2) The District issues the following types of Environmental Resource Permits:

       (a) through (b) No change

       (c) Conceptual permits are individual permits for mitigation banks and projects to be developed in phases that which approve the design concepts of a phased development master plan. Construction and operation permits for each phase must meet the conditions for issuance in Rules 40D-4.301 and 40D-4.302, F.A.C., in effect when the application for the construction permit is filed. Design concepts approved by the District in the conceptual permit will be expressly stated in that permit and shall not be affected by subsequent rule changes so long as the permit is valid. Design concepts approved in a conceptual permit that will contribute to the degradation of a water body on the verified list of impaired waters adopted pursuant to Chapter 62-303, F.A.C., or are inconsistent with an adopted TMDL or BMAP shall not be binding on the District. A conceptual permit does not authorize construction, alteration, operation, or abandonment of a surface water management system or establishment of a mitigation bank.

       (d) No change.

       (3) through (6) No change.

Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.413, 373.416, 373.426, 373.427 FS. History– Readopted 10-5-74, Amended 12-31-74, 9-4-77, 6-7-78, Formerly 16J-4.04, 16J-4.10(1), (2), (4), Amended 10-1-84, 3-1-88, 10-3-95, 7-23-96, 10-16-96, 4-17-97, 10-11-01, 7-16-02, 9-26-02, 3-26-03,________.

 

       40D-4.321 Duration of Permit.

       (1) Unless revoked, extended, or otherwise modified, the duration of an Environmental Resource Permit issued pursuant to this chapter is:

       (a) Five Two years from the date of issuance, or the date specified as a condition of the permit for a conceptual permit, unless within that period an application for a construction permit is approved filed for any portion of the project. If an the application for a construction permit is approved and construction is commenced according to Rule 40D-4.321, F.A.C., then the conceptual permit remains is valid for the term of the construction permit. Multiple construction permits may be approved for projects approved by a conceptual permit, and the latest date calculated from any related construction permit will determine the duration of the conceptual permit. Conceptual permits that have no construction permit approved for a period of five years shall expire automatically at the end of the five-year period. A construction permit that constitutes a substantial modification of the conceptual permit shall not extend the duration of the conceptual permit. For the purposes of this section, the term “substantial modification” shall mean a modification that is reasonably expected to lead to substantially different water resource of environmental impacts and requires a detailed review. A construction permit that constitutes a substantial modification or the conceptual permit must comply with the same criteria as new applications so long as the conceptually permitted phases are under construction consistent with a phased development master plan for a surface water management system that has been permitted by the District. If construction of the permitted phases is discontinued or is inconsistent with the phased development master plan then the conceptual permit shall expire.

       (b) through (e) No change.

       (2) Conceptual Ppermits expire automatically at the end of their duration as described herein unless modified pursuant to Rule 40D-4.331, F.A.C.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416 FS. History–New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96,________.

 

       40D-4.331 Modification of Permits.

An application for modification of an Environmental Resource Permit shall be processed in accordance with this rule, unless the permit is revoked, suspended or expired.

       (1) through (3) No change.

       (4) Application for permit modification to renew or extend the existing permit duration shall occur by formal application and review, and such requests shall be submitted no sooner than 180 days prior to the permit expiration date.

       (a) A modification seeking extension of a for construction permit renewal will be granted if it is reasonably assured by the applicant and determined that any completed construction is in compliance with a currently valid permit, and the proposed construction will be in compliance with the District's rules in effect at the time the application for modification to extend renew is filed.

       (b) A Applications for conceptual permit or renewal and site conditions assessment permit may be extended if the permit complies renewal or extension must comply with the same criteria as new applications.

       (c) Each modification to renew or extend can be granted for a duration as needed, up to five years for construction permits and site conditions assessment permits, and up to two years for conceptual permits.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.413, 373.416(1), 373.429, 373.805 FS. History– Readopted 10-5-74, Formerly 16J-4.13, Amended 10-1-84, 3-1-88, 10-1-88, 6-29-93, 10-3-95, 7-23-96, 2-1-05, 2-6-07,________.