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Ref-00073 Form 1023 Mitigation Bank Trust Fund Agreement to Demonstrate Perpetual Management Financial Assurance

Rule Form 1023 MB Trust Fund Agrmt 12 2011.docx

12/15/2010

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Agency:: Water Management Districts
40E. South Florida Water Management District

Related Rules

40E-4.091 Publications, Rules and Interagency Agreements Incorporated by Reference

Related Notices

12775014.The purpose and effect of this rulemaking is to amend rules of the South Florida Water Management District (“District”) consistent with Section 373.4131, F.S. (2012),which requires the Florida Department of Environmental Protection (“DEP”) in coordination with the five water management districts (“WMDs”) to develop statewide environmental resource permitting (“ERP”) rules. These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective and streamlined approach in the state’s ERP program. To implement 373.4131, F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. Some examples of subjects covered in DEP’s rulemaking for Chapter 62-330, F.A.C., include: permitting thresholds; permit exemptions; types of permits; permit fee categories; application and notice content and submittal procedures; procedures for processing ERP applications (including variances and general permits); conditions for issuance; and formal wetland determinations of the landward extent of wetlands and other surface waters. As part of its rulemaking, DEP also intends to incorporate by reference documents that will be known as an Applicant’s Handbook (AH). Two volumes of the AH will apply in each WMD: (1) one volume that will include general and environmental criteria and procedures and forms, which volume will apply statewide (AH Volume I); and (2) a second volume, specific to, and adopted by, the WMD that will set forth design and performance standards for stormwater quality and quantity, and include drainage basin designations and basin-specific rules within the WMD (Applicant’s Handbook, Volume II). DEP’s proposed rulemaking for Chapter 62-330, F.A.C., will necessitate changes to the District’s Chapter 40E-4, F.A.C. Rule 40E-4.091 incorporates by reference the District’s “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District – May 20, 2012.” Many, but not all, of the provisions in this handbook will be superseded by provisions in the new state-wide Volume I. Therefore, Rule 40E-4.091 will be amended to delete reference to the District’s existing Basis of Review and incorporate by reference the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the South Florida Water Management District.” The District proposes to amend Rule 40E-4.010 to conform to DEP’s amendments to Chapter 62-330, F.A.C., by referencing Chapter 62-330, F.A.C., and to repeal Rules 40E-4.011, 40E-4.021, 40E-4.041, 40E-4.0415, 40E-4.042, 40E-4.051, 40E-4.0515, 40E-4.054, 40E-4.101, 40E-4.201, 40E-4.205, 40E-4.301, 40E-4.302, 40E-4.303, 40E-4.305, 40E-4.321, 40E-4.331, 40E-4.341, 40E-4.351, 40E-4.361, 40E-4.381, and 40E-4.451, F.A.C., as the substance of these rules will be addressed in Chapter 62-330, F.A.C.
13008202.Review of Environmental Resource Permit Applications, Policy and Purpose, Definitions, Permits Required, Permit Thresholds, Formal Determination of Wetlands and Other Surface Waters, Exemptions From Permitting, Exemptions From Specified Review Criteria, Modification of Exempt Projects, Publications, Rules and Interagency Agreements Incorporated by Reference, Content of Permit Applications, Forms and Instructions, Permit Application Processing Fees, Conditions for Issuance of Permits, Additional Conditions for Issuance of Permits, Environmental Resource Permit Authorization, Conceptual Approvals, Duration of Permits, Modification of Permits, District Revocation or Modification of Permits, Transfer of Permits, Conversion from Construction Phase to Operation Phase, General Conditions, Emergency Authorization