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Florida Administrative Code (Last Updated: April 18, 2024) |
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40. Water Management Districts |
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40E. South Florida Water Management District |
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40E-1. General And Procedural |
1(1) This rule applies to applications for environmental resource, surface water management, and water use permits for projects located in the Florida Keys Area of Critical State Concern when the applicant has elected coordinated agency review under Section 39380.051, F.S.
41(2) The following coordinated agency review procedures apply to projects which are eligible for exemptions from District environmental resource and water use permitting requirements:
65(a) No permit and no coordinated agency review participation by the District is required for the water uses exempted by Rule 8640E-2.051 87(Exemptions), F.A.C., or identified in Rule 9340E-2.061, 94F.A.C.
95(b) No permit and no coordinated agency review participation by the District is required for surface water management activities which are exempted by Rule 11962-330.051 120(Exempt Activities), F.A.C.
123(3) The following coordinated agency review procedures apply to projects which require permits pursuant to Chapters 40E-2 (Consumptive Use), 62-330 and 40E-4 (Environmental Resource), F.A.C.:
148(a) The Coordinated Review Application shall consist of the application information required by Rules 16240E-1.603 163(Application Procedures for Processing Permit Applications or Notices of Intent), 17340E-2.101 174(Content of Application) or 17862-330.060 179(Content of Application), F.A.C.
183(b) The District’s Coordinated Review process begins when the District receives the Coordinated Review Application from the Permit Coordinator as required by Section 206380.051, F.S.
208(c) The District’s Coordinated Review process follows the permit review procedures set forth in Rule 22340E-1.603, 224F.A.C. (Application Procedures for Processing Permit Applications or Notices of Intent).
235(d) If the applicant waives the time limits required by Chapter 120 and Section 249380.051, F.S., 251the District shall delay initiation of substantive review until notice is received by electronic mail at the District’s e-Permitting website or in writing from the Permit Coordinator indicating that substantive review should begin. If the applicant does not waive the time limits, the District shall begin substantive review when the Coordinated Review Application is complete.
306(e) The Certification of the Coordinated Review Application required by Section 317380.051(2)(a), F.S., 319shall occur within 60 days after the District begins substantive review, and shall consist of the notice of proposed agency action together with the staff report on the individual permit pursuant to Section 35240E-1.603 353(Application Procedures for Processing Permit Applications or Notices of Intent), F.A.C., which may recommend denial to the Governing Board, or approval, or approval with conditions to its designee.
381(f) Certification concludes the coordinated agency review process. However, the applicant may complete the permit process as set forth in subsections 40240E-1.603(6)-403(11), F.A.C., which results in the Governing Board’s denial, or approval, or approval with conditions to its designee.
421Rulemaking Authority 423373.044, 424373.113, 425373.171, 426373.4131, 427380.051 FS. 429Law Implemented 431373.4131, 432380.051, 433668.003, 434668.004, 435668.50 FS. 437History–New 9-22-87, Amended 10-3-95, 10-1-06, 12-1-11, 10-23-12, 10-1-13, 7-14-14, 8-7-16.
