Modification of Permits, Limiting Conditions on Permits, Content of Works of the District Permit Applications
Suwannee River Water Management District
RULE NO.: RULE TITLE:
40B-4.1110: Modification of Permits
40B-4.1140: Limiting Conditions on Permits
40B-4.3020: Content of Works of the District Permit Applications
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 47 No. 125, June 29, 2021 issue of the Florida Administrative Register.
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:
(a) through (b) No change.
(c) The proposed activity is inside of the 50-feet obstruction shadow of a structure previously authorized pursuant to this chapter by District rule and meets the requirements of paragraphs 40B-4.1110(4)(b)1. and 2., F.A.C.;
(d) through (e) No change.
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) No change.
(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) through (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. The operational and maintenance phase of individual permits shall be transfered following the criteria in the Applicant’s Handbook Volume II (Effective August 1, 2013), incorporated by reference in section 40B-4.1090(3), F.A.C., 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, the owner or his authorized agent shall complete an As-Built Certification Form 40B-1.901A (Effective August 1, 2013), incorporated by reference in rule 40B-4.1130(2), F.A.C. When the completed removal of the work or development in a 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 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) through (s) No change.
(3) No change.
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 Works of the District permits shall be filed with the 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-13256, effective [DATE]. 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.
(b) No change.
(c) For exemption requests and noticed general Works 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 Works 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, noticed general, and general Works 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 permits, a building plan prepared by the applicant or his agent. For all other Works 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, 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. ;
(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, and 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 section 3.6.6 of Applicant’s Handbook Volume II (Effective August 1, 2013), incorporated by reference in section 40B-4.1090(3), F.A.C., 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 (Effective June 1, 2018), incorporated by reference in section 40B-4.1090(3), F.A.C.
(i) through (n) No change.
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].
Additionally, edits were made to the materials incorporated by reference (Form 40B-4.3020, “Application for a Work of the District Permit for District Floodways”) to make email an optional field, add statutory language regarding public records disclosure of emails as set forth in section 668.6076, F.S., and clarify that the list of items that may be beneficial to include with the application package (page 2) is optional.
