St. Johns River Water Management District
RULE NO.:RULE TITLE:
40C-4.091Publications Incorporated by Reference
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 39, No. 51, March 14, 2013, issue of the Florida Administrative Register.
These changes are in response to comments received from the Joint Administrative Procedures Committee.
40C-4.091 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference:
(a) Part I “Introduction, Organization, Definitions and Applicability,” available at [insert hyperlink from DOS], Part II “General Criteria,” available at [insert hyperlink from DOS], Part III “Stormwater Quantity/Flood Control,” available at [insert hyperlink from DOS], Part IV “Stormwater Quality,” available at [insert hyperlink from DOS], Part VI “Basin Criteria,” available at http://www.flrules.org/Gateway/reference.asp?No=Ref-01835, Appendix A “Drainage Basins for Cumulative Impacts Evaluation and Regional Watersheds for Mitigation Banking,” available at http://www.flrules.org/Gateway/reference.asp?No=Ref-01836, and Appendix B “Legal Description Upper St. Johns River Hydrologic Basin,” “Legal Description Ocklawaha River Hydrologic Basin,” “Legal Description Wekiva River Hydrologic Basin,” “Legal Description Wekiva Recharge Protection Basin,” “Legal Description Econlockhatchee River Hydrologic Basin,” “Legal Description Sensitive Karst Areas Basin, Alachua County,” “Legal Description Tomoka River Hydrologic Basin,” “Legal Description Spruce Creek Hydrologic Basin,” “Legal Description Sensitive Karst Areas Basin, Marion County,” and “Legal Description Lake Apopka Hydrologic Basin,” available at http://www.flrules.org/Gateway/reference.asp?No=Ref-01837, Appendix C (“Methodology and Design Example for the Modified Rational Hydrograph Method”) available at [insert hyperlink from DOS], and Appendix D, available at [insert hyperlink from DOS], of the document entitled “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District effective (effective date), available at http://floridaswater.com/ruledevelopment/.
(b) No change.
(c) Water Quality Standards of Chapters 62-3, chapter 62-4, F.A.C, (February 16, 2012), available at [insert hyperlink from DOS], chapter 62-302, F.A.C., (December 20, 2012), available at [insert hyperlink from DOS], chapter 62-520, F.A.C., (July 12, 2009), available at [insert hyperlink from DOS], 62-522, and chapter 62-550, FA.C., (February 16, 2012), available at [insert hyperlink from DOS].
(d) No change.
(e) Technical Publication SJ No. 85-5: A Guide to SCS Runoff Procedures (1985) available at [insert hyperlink from DOS].
(2) No change.
ENVIRONMENTAL RESOURCE PERMIT APPLICANT’S HANDBOOK:
1.0 Introduction
This is Volume II of a two-volume Applicant’s Handbook that is designed to assist persons in understanding the rules, procedures, standards and criteria of the environmental resource permit (ERP) program under Part IV of Chapter 373 of the Florida Statutes (F.S.). Within the St. Johns River Water Management District, the ERP program is governed by chapters 373, 403 and 120, F.S. and chapters 62-330, 40C-1, 40C-4, 40C-41, 40C-42, and 40C-44, F.A.C. This handbook volume accompanies Applicant’s Handbook – Volume I (General and Environmental). Volume II and portions of Volume I are incorporated by reference in chapter 62-330, F.A.C., and in accordance are, therefore, rules of the Department of Environmental Protection (DEP). In accordance with paragraph 373.4131(2)(a) 373.4141(2)(a), F.S. (2012), they are also rules of are therefore rules of both the Department of Environmental Protection (DEP) and the District.
This Volume includes:
- Design and performance standards and criteria for water quality and quantity for stormwater management systems, including alternative criteria for those systems
- Explanations of standards and criteria pertaining to water flows and levels, flood protection and the design of dams
- Design and performance standards for agricultural surface water management (Chapter 40C-44, F.A.C.)
- Description of drainage basins and regional watersheds
- Explanations of basin criteria (Chapter 40C-41, F.A.C.)
- Descriptions of District-specific thresholds and exemptions referenced in chapter 62-330
This Volume should be used in conjunction with Volume I, which provides general background information on the ERP program including points of contact, a summary of the statutes and rules used to authorize and implement the ERP program, and forms used to notice or apply to the District for an ERP authorization, except those forms related to agricultural systems which are incorporated by reference in Rules 40C-44.061 and 40C-44.101, F.A.C. contained in Appendices D, E, F, and G of this Volume. Volume I also provides discussion of:
- Activities that are regulated by the ERP program
- Types of permits, permit thresholds, and exemptions
- Procedures used in the review of ERPs
- Conditions for issuance of an ERP, including a detailed discussion of the environmental criteria that are used for activities located in wetlands and other surface waters
- Erosion and sediment control practices to prevent water quality violations
- Operation and maintenance requirements and copies of maps used in implementing the provisions of the ERP program
The term “District” or “SJRWMD” where used in this Volume shall apply to the Department of Environmental Protection, the St. Johns River Water Management District or a delegated local government as applicable in accordance with the division of responsibility specified by the operating agreement incorporated by reference in subsection 62-330.010(5), F.A.C., except where a specific agency is otherwise identified. In cases where conflicting or ambiguous interpretations of the information in this Volume result in uncertainty, the final determination of appropriate procedures to be followed will be made by reference to chapters 120 and 373, and chapters 40C-1, 40C-4, 40C-41, 40C-42, 40C-44 and 62-330, F.A.C.
References to a section or subsection shall include all parts of the section or subsection unless otherwise specified.
1.3.2Existing Systems
The District’s rules in chapters 40C-4, 40C-40, and 40C-41, F.A.C. became effective on December 7, 1983. Before December 7, 1983, rules authorized under part IV, chapter 373, F.S. were implemented in the Upper St. Johns River and the Ocklawaha River basins as shown in Figure 1.3-1. The rules adopted on December 7, 1983 superseded all previous rules. The date of implementation is important in determining whether a permit is required and the effective date for the District’s permitting programs are described in rule 40C-4.031. Certain systems are not required to be permitted until they are to be altered, removed, or abandoned. These systems are identified in the paragraph below.
Specifically exempted from permitting under chapter 62-330 for the purpose of construction, operation, and maintenance are:
(a) Each system or phase of a phased system which is located in the areas described in the Upper St. Johns River Basin or the Ocklawaha River Basin as depicted in Figure 1.3-1, except agricultural operations, which:
(1.) Was constructed and operating under the provisions of a valid District permit on December 7, 1983; or
(2.) Was not required to obtain a permit prior to December 7, 1983, and was:
Reletter i. through iii. as a. through c. No change.
(3.) Was constructed and operating as of March 2, 1974 for the Upper St. Johns River Basin as described in Figure 1.3-1; or
(4.) Was constructed and operating as of January 1, 1975 for the portion of the Oklawaha River Basin as described in Figure 1.3-1.
(b) Each system or phase of a phased system which is located in the Lower St. Johns River Basin as described in Figure 1.3-1 and section 373.069(2)(c), F.S. (Supp. 1976)., except agricultural operations, and which was:
(1.) Constructed and operating prior to December 7, 1983; or
(2.) Being constructed on December 7, 1983, and was completed and operating on June 7, 1984; or
(3.) Under construction on December 7, 1983, and which had complied with the regulations of the Florida Department of Environmental Regulation and the appropriate local governmental agency and was completed December 7, 1984.
(c) The exemptions listed in paragraphs (a) and (b) above apply only to those systems or phases of a phased system as such systems are set forth in its plans, specifications and performance criteria prepared and existing as of December 7, 1983 and to the extent:
(1.) Construction of such system is completed, within the applicable time frames, in accordance with such plans, specifications and performance criteria; and
(2.) Such system is maintained and operated in a manner consistent with such plans, specifications and performance criteria.
(d) No change.
(e) Those systems or phases of a phased system exempted by paragraphs (a), (b) and (c) above shall not be required to obtain a permit for construction, operation or maintenance.
(1.) Any alteration of such system, or a portion thereof (including the rebuilding of such system if it has ceased to operate as set forth in such system’s plans, specifications and performance criteria), shall require that a permit be obtained for such alteration, which permit shall include an authorization to alter as well as an authorization to operate and maintain such alteration. For purposes of this subsection, the following are not considered to be alterations, and consequently are not required to be permitted:
Reletter i. through iv. as a. through d. No change.
(2.) Any abandonment or removal of such system or portion thereof, shall require that a permit be obtained for such abandonment or removal.
(3.) The activities in subparagraphs (e)1.a. (e)1.i. through d. iv. are also exempt from permitting when conducted by agricultural operations.
(f) and (g) No change.
(h) The permitting threshold set forth in subparagraph 40C-4.041(2)(b)8., F.A.C., as it existed on September 25, 1991, incorporated by reference in 40C-4.091(1)(a), F.A.C., and contained in Appendix D of this Volume, regarding isolated wetlands and the amendments to subsections 10.7.2, 10.7.4, 10.7.5, 16.1.3 and 16.1.5, Applicant’s Handbook: Management and Storage of Surface Waters, effective September 25, 1991 shall not apply to each system for which the District has issued a permit pursuant to Chapter 40C-42, F.A.C., prior to September 25, 1991. This subsection applies only to a system which did not require a permit pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to September 25, 1991 and only to the project area and the plan approved in the referenced permit.
(i) No change.
2.0Criteria for Evaluation – Reasonable Assurance Definitions
Except as provided in section 1.2.3 of this Volume, an applicant for an individual permit must provide reasonable assurance that the proposed activities will meet the criteria in rules 62-330.301 and 62-330.302, F.A.C. More specifically, under 62-330.301, F.A.C., an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal or abandonment of a project within SJRWMD:
(a) through (d) No change.
(e) Will not adversely affect the quality of receiving waters such that the water quality standards set forth in Chapters 62-4, 62-302, 62-520, and 62-550, F.A.C., (incorporated by reference in 40C-4.091(1)(c)) including the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), F.A.C., subsections 62-4.242(2) and (3), F.A.C., and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C., will be violated (62-330.301(1)(e), F.A.C.);
(f) through (k No change.
The provisions in this Volume and in Volume I explain how applicants may provide the requisite reasonable assurance to demonstrate compliance with these criteria within SJRWMD. In certain instances, an applicant for an individual permit that involves an agricultural surface water management system will be governed solely by Chapter 40C-44, F.A.C. and Part VII of this Volume. (See subsection 62-330.054(2), F.A.C. and subsections 1.2.3 and 1.3.3 of this Volume) Therefore, the District recommends that applicants whose projects involve an agricultural surface water management system that only exceeds the thresholds set forth in section 1.2.3 of this Volume initially consult Part VII of this handbook.
2.1Definitions
The following definitions are used by the District to clarify its intent in implementing its permitting programs pursuant to part IV, chapter 373, F.S.
(a) through (e) No change.
(f) "Direct Discharge" means, for purposes of this Volume, either a point or nonpoint discharge which enters Class I, Class II, Outstanding Florida Waters, or Class III waters which are approved, conditionally approved, restricted, or conditionally restricted for shellfish harvesting without an adequate opportunity for mixing and dilution to prevent significant degradation. Examples of direct discharge include the following:
Renumber (a) through (c) as (1) through (3) No change.
(g) through (t) No change.
(u) "Swale" means a manmade trench which:
Renumber (a) through (d) as (1) through (4) No change.
(v) through (aa) No change.
2.4Maintenance Access
Regular maintenance is crucial to the long term effectiveness of stormwater management systems. The systems must be designed to permit personnel and equipment access and to accommodate regular maintenance activities. For example, high maintenance features such as inlets, outlets, and pumps should be easily accessible to maintenance equipment and personnel.
Legal authorization, such as an easement, deed restrictions, or other instrument must be provided establishing a right-of-way or access for maintenance of the stormwater management system unless the operation and maintenance entity wholly owns or retains ownership of the property. The following are requirements for specific types of maintenance access easements:
(a) through (f) No change.
A copy of the legal authorization must be submitted with the permit application.
3.2.3Methodologies
(a)A peak discharge analysis typically consists of generating pre-development and post-development runoff hydrographs, routing the post-development hydrograph through a detention basin, and sizing an overflow structure to control post-development discharges at or below predevelopment rates.
Peak discharge computations should consider the duration, frequency, and intensity of rainfall, the antecedent moisture conditions, upper soil zone and surface storage, time of concentration, tailwater conditions, changes in land use or land cover, and any other changes in topographic and hydrologic characteristics. Large systems should be divided into subbasins according to artificial or natural drainage divides to allow for more accurate hydrologic simulations. Examples of accepted methodologies for computation of runoff are as follows:
(1)The Natural Resources Conservation Service (NRCS) Curve
Number Method is an example of an accepted methodology (see SJ No. 85-5: A Guide to SCS Runoff Procedures (1985) and incorporated by reference in 40C-4.091(1)(e)). U.S. Department of Agriculture, Soil Conservation Service "National Engineering Handbook, Section 4, Hydrology," TR-55 or TR-20 users manuals).
(2)Santa Barbara Urban Hydrograph (SBUH) Method
(3)Modified Rational Hydrograph Method
(4)Other hydrograph methods approved by the District.
(b)The modified rational method (see Appendix C of this Volume, incorporated by reference in 40C-4.091(1)(a)) is a popular method for estimating peak runoff rates for small urban areas. The rational method gives peak discharge rates rather than a runoff hydrograph. The modified rational formula can be modified to generate a runoff hydrograph by utilizing the rainfall intensity for various increments of a design storm. Similar to the rational method, use of the modified rational hydrograph method should be limited to small drainage basins with short times of concentration. Therefore, the modified rational method shall only be used for systems meeting the following criteria:
(1) through (3) No change.
The modified rational hydrograph method shall only be utilized for the mean annual return frequency, 24 hour duration storm.
4.1.2Ground Water Quality Standards
State water quality standards for ground water are set forth in chapter 62-520, F.A.C. In addition to the minimum criteria, Class G-I and G-II ground water must meet primary and secondary drinking water quality standards for public water systems established pursuant to the Florida Safe Drinking Water Act, which are listed in sections 62-550.310 and 62-550.320, F.A.C., (incorporated by reference in 40C-4.091(1)(c)).
Only the minimum criteria apply within a zone of discharge, as determined in section 62-520.400, F.A.C., (incorporated by reference in 40C-4.091(1)(c)). A zone of discharge is defined as a volume underlying or surrounding the site and extending to the base of a specifically designated aquifer or aquifers, within which an opportunity for the treatment, mixture or dispersion of wastes into receiving ground water is afforded. Generally, stormwater systems have a zone of discharge 100 feet from the system boundary or to the project's property boundary, whichever is less.
13.3.6Local Government Notification for Wekiva River Protection Area
The District shall not issue a conceptual approval, individual, or standard permit for a proposed surface water management system located wholly or partially within the Wekiva River Protection Area, as defined in Section 369.303(9), F.S., until the appropriate local government has provided written notification that the proposed activity is consistent with the local comprehensive plan and is in compliance with land development regulation in effect in the area where development will take place. The applicant proposing such a system must submit to the District form no. 40C-41.063(4), entitled "Local Government Notification", (incorporated by reference in 40C-41.063(4)), after it has been completed and executed by the local government. This form is hereby incorporated by reference and is available upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529. Permit applications for systems within the Wekiva River Protection Area shall be processed by the District staff pursuant to the time frames established in Section 120.60, F.S., and any District rule regarding permit processing, except that any agency action to approve or approve with conditions shall not occur until the Local Government Notification has been received by the District.
Document Information
- Related Rules: (1)
- 40C-4.091. Publications Incorporated by Reference