St. Johns River Water Management District
RULE NOS.: RULE TITLES:
40C-41.043Application of Chapter
40C-41.051Exemptions
40C-41.063Conditions for Issuance of Permits
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. 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-41.043 Application of Chapter.
(1) through (4) No change.
(5) The Governing Board hereby incorporates by reference Part VI (sections 13.0-13.8.3), “Basin Criteria” 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 date), available at http://www.flrules.org/Gateway/reference.asp?No=Ref-01835 , and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529. http://floridaswater.com/ruledevelopment/.
40C-41.051 Exemptions.
(1) The following systems located wholly or partially in the Econlockhatchee River Hydrologic Basin are exempted from the standards and criteria in subsection 40C-41.063(5), F.A.C., and section 13.4, “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, as incorporated by reference in subsection 40C-41.043(5), F.A.C.:
(a) through (f) No change.
(2) A single family dwelling unit located wholly or partially within the Tomoka River Hydrologic Basin or the Spruce Creek Hydrologic Basin, provided the unit is not part of a larger common plan of development or sale, is exempted from the standards and criteria in subsection 40C-41.063(6), F.A.C., and section 13.5, “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, as incorporated by reference in subsection 40C-41.043(5), F.A.C.
(3) No change.
(4) Systems that qualify for a general permit under Part IV of Chapter 62-330, F.A.C., are exempted from the standards and criteria in Rule 40C-41.063, F.A.C., and Sections 13.0 – 13.7, “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, as incorporated by reference in subsection 40C-4.043(5), F.A.C.
40C-41.063 Conditions for Issuance of Permits.
(1) through (2) No change.
(3) Within the Wekiva River Hydrologic Basin or the Wekiva Recharge Protection Basin, the following standards and criteria are established:
(a) Recharge Standard – Applicants required to obtain a permit pursuant to Chapter 62-330 or 40C-44, F.A.C., for a surface water management system located within the Wekiva Recharge Protection Basin shall demonstrate that the system provides for retention storage of three inches of runoff from all impervious areas proposed to be constructed on soils defined as Type “A” Soils as defined by the Natural Resources Conservation Service (NRCS) Soil Survey in the following NRCS publications: Soil Survey of Lake County Area, Florida (1975); Soil Survey of Orange County Area, Florida (1989) and Soil Survey of Seminole County Area, Florida (1990), which are incorporated by reference in paragraph 40C-4.091(3)(a), F.A.C. For purposes of this rule, areas with Type “A” Soils shall be considered “Most Effective Recharge Areas.” Section 13.8.1 “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District” , as incorporated by reference in subsection 40C-41.043(5), F.A.C, contains a list of Type “A” soils. The system shall be capable of infiltrating this storage volume through natural percolation into the surrounding soils within 72 hours. Off-site areas or regional systems may be utilized to satisfy this requirement. As an alternative, applicants may demonstrate that the post-development recharge capacity is equal to or greater than the pre-development recharge capacity. Pre-development recharge shall be based upon the land uses in place as of 12-3-06. Applicants may utilize existing permitted municipal master stormwater systems, in lieu of onsite retention, to demonstrate that post-development recharge is equal to or greater than pre-development recharge. Also, applicants may submit additional geotechnical information to establish whether or not a site contains Type “A” soils.
(b) No change.
(c) Standards for Erosion and Sediment Control and Water Quality – Within the Wekiva River Hydrologic Basin, a Water Quality Protection Zone shall extend one half mile from the Wekiva River, Little Wekiva River north of State Road 436, Black Water Creek, Rock Springs Run, Seminole Creek, and Sulphur Run, and shall also extend one quarter mile from any wetland abutting an Outstanding Florida Water.
1. No change.
2. The applicant proposing such a system must give reasonable assurance in the erosion and sediment control plan that during construction or alteration of the system (including revegetation and stabilization), erosion will be minimized and sediment will be retained on-site. The plan must be in conformance with the erosion and sediment control principles set forth in Section 13.8.2, “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, as incorporated by reference in subsection 40C-41.043(5), F.A.C., and must contain the information set forth in Section 13.8.3, “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, as incorporated by reference in subsection 40C-41.043(5), F.A.C.
3. No change.
(d) and (e) No change.
(4) Local Government Notification for Wekiva River Protection Area – The District shall not issue a conceptual approval, individual, standard, or general 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 any land development regulation in effect in the area where the 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” (insert effective date), after it has been completed and executed by the local government. This form is hereby incorporated by reference and is available at [insert DOS hyperlink], and 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.
(5) No change.
(6) Within the Tomoka River Hydrologic Basin or the Spruce Creek Hydrologic Basin the following standards and criteria are established:
(a) Recharge Standard. For projects or portions of projects within the Most Effective Recharge Area, three inches of runoff from the directly connected impervious areas in the Most Effective Recharge Areas, as defined in subsection 13.5.1, “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, as incorporated by reference in subsection 40C-41.043(5), F.A.C., must be retained within the Most Effective Recharge Area. As an alternative, applicants may demonstrate that the post-development recharge capacity is equal to or greater than the pre-development recharge capacity.
(b) through (d) No change.
(7) Within the Sensitive Karst Areas Basin, stormwater management systems shall be designed to assure adequate treatment (pursuant to Sections 13.6 through 13.6.3, “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, as incorporated by reference in subsection 40C-41.043(5), F.A.C., of the stormwater before it enters the Floridan Aquifer, and to preclude the formation of solution pipe sinkholes in the stormwater system. Many different stormwater management system designs will achieve these goals, therefore the District does not require any specific system design. However, to assure protection of the Floridan Aquifer, the District does require certain design features. The individual site characteristics may affect what design features will be required. However, for all projects in sensitive karst areas, the following minimum design features are required:
(a) through (e) No change.
(8) Any surface water management system that requires a permit pursuant to Chapter 62-330, or 40C-44, F.A.C., and that will be located within the Lake Apopka Hydrologic Basin or will discharge water to Lake Apopka or its tributaries, must comply with the requirements of Section 13.7, “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District” as incorporated adopted by reference in subsection 40C-41.043(5) subsection 40C-4.091(1), F.A.C.
