Title: Chapter 40D-4 Management and Storage of Surface Waters Isolated Wetlands Rule- Appendix 4, Letter from SWFWMD
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 Material Information
Title: Chapter 40D-4 Management and Storage of Surface Waters Isolated Wetlands Rule- Appendix 4, Letter from SWFWMD
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Chapter 40D-4 Management and Storage of Surface Waters Isolated Wetlands Rule- Appendix 4, Letter from SWFWMD, December 19, 1986, Encl: SWFWMD rule title
General Note: Box 7, Folder 1 ( Vail Conference 1987 - 1987 ), Item 36
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00000643
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT


2379 BROAD STREET. BROOKSVILLE. FLORIDA 33512-9912
PHONE (904) 796-7211 SUNCOM 684-0111
MICHAEL ZAGORAC. JR.. Chairman, Belleair Wm. O. STUBBS. JR., Vice Chairman, Dade City
MARY A. KUMPE. Secretary. Sarasota WALTER H. HARKALA. Treasurer, Plant City
HORACE F. HERNDON. Lake Wales ROY G. HARRELL, JR..St. Petersburg
ROBERT T. BRAMSON. M.D.. Tampa WILLIAM H. WILCOX. Ph.D., Port Charlotte
GARY W. KUHL. Executive Director DANIEL P. FERNANDEZ, General Counsel
WILLIAM K. HENNESSEY, Deputy Executive Director PETER G. HUBBELL, Deputy Executive Director


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December 19, 1986



TO: ALL INTERESTED PARTIES

FROM: #PRUCE C. WIRTH, Assistant Director, Resource Regulation


RE:


Chapter 40D-4 Management and Storage of Surface Waters
Isolated Wetlands Rule Appendix 4


Enclosed for your information
isolated wetland rule. This is
the existing Chapter 40D-4,
rulemaking will be published in
(FAW) on January 2, 1987.


is Draft No. 3 of the District's
proposed to be adopted as part of
F.A.C. Notice of this proposed
the Florida Administrative Weekly


A public workshop before the District Governing Board is
scheduled for January 6, 1987, at 3:00 p.m. at the District
Headquarters, 2379 Broad Street, Brooksville, Florida. It is
suggested that those wishing to address the Board or staff have
specific recommendations, including language, for consideration.
Written comments or suggestions prior to the meeting would be
appreciated. All written comments or suggestions should be sent
to the attention of Mr. Bruce Wirth, Assistant Director, Resource
Regulation Department, 2379 Broad Street, Brooksville, Florida
33512-9712.

Rule adoption is currently scheduled for February 3, 1987.

The draft that is being published in the FAW has the following
significant changes from the draft issued November 18, 1986:

2.0 Definitions The clause providing that the definitions were
not'design criteria has been removed.


5.1.1. Language has been added providing that
disturbances of buffer zones is permitted for
construction.


temporary
necessary


CONSERVE WATER TODAY FOR TOMORROW
3's 4f


%towg6 #










December 19, 1986
Interested Persons
Page 2

5.2.1. The reference to Habitat Evaluation Procedure (HEP) has
been removed.

5.2.3. This has been amended to provide that a buffer zone "not
to exceed 15 feet may be required...".

6.0 This section has been amended to state that it is
suggested the applicant discuss with staff the items needed for
an assessment and that the items in 6.0 provide a comprehensive
list of possible wetland assessment criteria.

7.1 The first sentence has been replaced with the following:
"The applicant must demonstrate that compensation is reasonably
assured."

7.1.2. The last sentence of this has been replaced with the
following: "Monitoring parameters, monitoring duration and
required maintenance will be specified in the permit conditions."

All other changes are editorial or formatting changes and do not
affect the conceptual basis of the rule.


BCW/dl
Enclosure

NotIntPer


3.5-0









SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE TITLE: RULE NO.:

Publications Incorporated by Reference 40D-4.091

Conditions for Issuance of Permits 40D-4.301

PURPOSE AND EFFECT: The purpose of this proposed rulemaking is

to address Chapter 86-186, Laws of Florida, which created section

373.414, F.S., regarding isolated wetlands. That law required

certain water management districts to incorporate within their

surface water management permitting program criteria for review

of fish and wildlife and their habitat, protection of threatened

and endangered species, and consideration of offsite and

cumulative impacts for isolated wetlands. The effect of this

rulemaking is to establish more specific permitting criteria for

the review of isolated wetlands which the District currently

regulates pursuant to Chapter 373, F.S., and rules 40D-4 and

40D-40, F.A.C., the comprehensive surface water management permit

program.

RULEMAKING AUTHORITY: 120.54(8), 373.044, 373.113, 373.171,

373.414, 403.812, F.S.

LAW IMPLEMENTED: 120.54(8), 120.60, 373.403, 373.413, 373.414,

373.416, 373.426, 373.429, F.S.

SUMMARY OF THE ESTIMATE OF THE ECONOMIC IMPACT OF THE RULE:

The proposed Isolated Wetlands Rule is designed to provide.

surface water management system permit applicants with a document

that addresses the Southwest Florida Water Management District's

intent and performance criteria used in evaluating potential

impacts to fish and wildlife habitat in isolated wetlands. The

District is in the process of writing a basis of review criteria

manual for surface water management system applications; this

Permit Information Manual will be a rule under Chapter 40D-4,

Florida Administrative Code. The threshold size and review

criteria for evaluating impacts to fish and wildlife habitat in

isolated wetlands will be an appendix to the Permit Information
Manual.

It has been the District's policy, through the Surface Water

Management Section, to consider the impacts from the construction









and alteration of surface water management systems in wetlands of

any size. The Isolated Wetlands Rule specifies a 0.50 acre

threshold size for reviewing impacts to fish and wildlife. Based
on data from areas within the District with field-verified

wetland delineations, 0.81 percent of the isolated wetlands in

the District are under 0.50 acre in size. The District will

continue to review for potential water quantity and quality
impacts within all isolated wetlands, including those less than
0.5 acre in size. Because it is already the District's policy to

review surface water management system permit applications for
impacts to isolated wetlands, additional employees will not be
required. However, the rule assessment information which the

applicant must submit will require review by a qualified

biologist for the District. The District may find it necessary

to improve its pay scale in order to recruit and retain qualified

biologists.

The Isolated Wetlands Rule contains provisions for both rigid and

flexible design criteria which enable the permit applicant to

select the method of compensation for impacted wetlands. This

flexibility reduces the limitations on site planning that would

otherwise result if the District adopted a strict policy on

mitigation. If the applicant selects the rigid design method and
the impacted wetland is 5.0 acres or larger, the costs to the

applicant include the time delay associated with demonstrating'

successful mitigation. Under both the rigid and flexible design

criteria, the applicant will incur costs as a result of supplying
assessment information, which will require field inspection by

qualified professionals (i.e., soil scientist, biologist,
engineer).

The general public will benefit by the protection of the wetland

and water resources of the District; wetlands provide water
quality enhancement, aquifer recharge, flood protection, and
wildlife habitat. The costs to the general public result from
the conflict between urban land uses and natural systems;
isolated wetlands provide breeding ground for mosquitoes.
The proposed Isolated Wetlands Rule may positively affect the




_________________ _______ ^









employment of biologists due to informational requirements

imposed on permit applicants. Competition in the open market
will not be significantly affected. Small business may be
positively affected by the rule; the demand for the services of
consulting firms and native plant nurseries within the District
boundary may increase.
A PUBLIC HEARING FOR ADOPTION WILL BE HELD AT THE TIME, DATE AND
PLACE SHOWN BELOW:
TIME AND DATE: 3:00 p.m. February 3, 1987
PLACE: District Headquarters, 2379 Broad Street, Brooksville,
Florida 33512-9712.
A PUBLIC WORKSHOP (PREVIOUSLY NOTICED) WILL BE HELD AT THE TIME
DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 3:00 p.m. January 6, 1987
PLACE: District Headquarters, 2379 Broad Street, Brooksville,
Florida 33512-9712
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE AND
ECONOMIC IMPACT STATEMENT IS: A. Patricia Allen, Attorney,
Southwest Florida Water Management District, 2379 Broad Street,
Brooksville, Florida 33512-9712.
THE FULL TEXT OF THE PROPOSED RULE IS:


353









40D-4.091 Publications Incorporated by Reference.

+Reserved+

(11 The following documents are hereby published by
reference and incorporated into this Chapter.

ajl "Southwest Florida Water Management District Permit
Information Manual, r 1987."
Specific Authority 120.54(8). 373.044. 373.113, 373.171, 373.414,
403.812, F.S. Law Implemented 120.54(8), 373.403, 373.413,
373.414, 373.416. 373.429. F.S. History New
(2)(k)1. Isolated wetlands shall be protected as provided
in Appendix 4 of the "Southwest Florida Water Management District
Permit Information Manual.r 1987." adopted by reference
in 40D-4.091(1)(a). Other Wwetlands and other environmentally
sensitive areas shall be protected by balancing the following
factors:
Specific Authority: 373.044, 373.113, 373.149, 373.171, 373.414,
F.S. Law Implemented 373.042, 373.403, 373.413, 373.414,
373.416, 313.426, F.S. History Readopted 10-5-74, Amended
12-31-74, 6-7-78, 10-1-84, 6-2-85 and
Previously numbered 16J-4.06(3), (4), (5), (6), (8).
To assure that the public is adequately advised of the proposed
permit criteria, the content of Appendix 4 of the District's
Permit Information Manual is provided below:
























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