40D-400.550: General Permit for Construction, Operation and Maintenance of Nonproduction-related Agricultural Facilities
PURPOSE AND EFFECT: The purpose of this rulemaking is to establish a new noticed general environmental resource permit for the construction, operation and maintenance of certain nonproduction-related agricultural facilities. The effect will be to reduce the permit application, fee and regulatory requirements for activities that qualify for this new permit.
SUMMARY: Noticed General Environmental Resource Permits are limited to those activities which have been pre-determined to have minimal individual and cumulative impacts to the water resources of the District. Persons desiring to conduct activities that qualify for a noticed general permit provide notice to the District by submitting an application and fee at least 30 days prior to undertaking the activity, during which time the District will advise if the proposed activities qualify for the requested permit. A new noticed general permit is proposed to allow farms and nurseries to conduct certain specified minimal activities involving passive surface water management systems that avoid wetland areas and rely on vegetated buffers to prevent any water quality or quantity impacts. Qualifying activities include farm worker housing, produce stands and vehicle loading and staging areas. Existing rules require a higher level permit for these activities. Specific conditions for this new permit include: impervious and semi-impervious surface limits of 20% of total land area up to 4 acres; no wetland or other surface water activities or impacts; limited drainage facilities and required buffer areas. Implementation of this noticed general permit will reduce permitting costs for small farm and nursery businesses and regulatory costs for the District, for the activities that qualify for this permit.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pamela Gifford, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, (352)796-7211 (4156) (OGC #2009063)
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-400.550 General Permit for Construction, Operation and Maintenance of Nonproduction-related Agricultural Facilities.
(1) A general permit is hereby granted for the construction, operation, maintenance, alteration or abandonment of minor systems serving any of the following, provided the activities comply with the conditions set forth below:
(a) Seasonal or year-round stands and markets selling exclusively or primarily produce and other farm or nursery products grown on-site.
(b) Farm worker housing and ancillary facilities.
(c) Truck loading and staging areas for transporting farm or nursery products grown on-site.
(d) Nonresidential farm buildings and structures used solely for agricultural purposes and located on a farm or on land that is an integral part of an ongoing farm operation.
(e) Roadway and vehicle parking facilities integral to an activity authorized under this general permit.
(2) This general permit is subject to the following limitations:
(a) Total cumulative building, driveways, parking lot and other impervious and semi-impervious surfaces will not exceed 20% of the total land area up to four (4) acres. This limitation excludes impervious and semi-impervious areas directly related to agricultural production.
(b) No activities will occur in, on or over wetlands or other surface waters.
(c) The activities will not use new surface water drainage facilities larger than one 24-inch diameter pipe or its hydraulic equivalent.
(d) The activities will not use new drainage pumps or other operable structures for stormwater management.
(e) Finished building floors for residential structures will be above the 100-year flood elevation.
(f) All discharge and project runoff locations, excluding runoff from access driveways, will maintain a minimum 75 foot vegetated buffer. This vegetated buffer must include a 25 foot perpetually undisturbed buffer, upland of any wetlands, other surface waters, and drainage ditches.
(g) Impervious and semi-impervious surfaces, excluding access driveways, will maintain a 25 foot vegetated buffer from property boundaries.
(h) Permitted activities are not conducted within the geographic limits of an existing permit issued pursuant to Part IV of Chapter 373, F.S.
(3) This general permit is not available if the proposed activities, considered separately or in combination with other activities conducted pursuant to this permit, exceed or will exceed any of the limitations in subsection (2) above.
(4) The activities undertaken pursuant to this permit shall be taken into account in the determination of post-development conditions for any subsequent exemption or permitting decision that includes the same project area.
Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. HistoryNew ________.
