Title: SWFWMD Electronic Access - ERP Application Forms
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Permanent Link: http://ufdc.ufl.edu/WL00003931/00001
 Material Information
Title: SWFWMD Electronic Access - ERP Application Forms
Physical Description: Book
Language: English
Publisher: SWFWMD
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - SWFWMD Electronic Access - ERP Application Forms
General Note: Box 16, Folder 2 ( SWFWMD Environmental Resource Permitting Informational Manual - 1997 ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003931
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.

Full Text




ENVIRONMENTAL
RESOURCE
PERMITTING


~ZNNNN\W\W '~


INFORM TION MANUAL

April 1997

Southwest Florida Water Management District
printed (m
mi recycled paper






Southwest Florida Water Management District Regulation Services


SERVICE REGIONS SERVICE OFFICES

Full Permitting Services Available:
BROOKSVILLE REGULATION DEPT.
2379 Broad Street
Brooksville, Florida 34609-6899
ADA Representative: Rosemarie Scharlau
Phone (352) 796-7211
Toll Free 1-800-423-1476*
S:MARION:::: SUNCOM 628-4150
.' : :;:.TAMPA REGULATION DEPT.
7601 U.S. Hwy. 301
.:V :.": :Tampa, Florida 33637-6759
ADA Representative: Eileen Rorabacher
:.:.:.: i: ven :.. Phone (813) 985-7481
s-R.. ::..- Toll Free 1-800-836-0797*
-:" :. .':': SUNCOM 578-2070
Y .***'ERNANDO ': '.i ::: '
BARTOW REGULATION DEPT.
osille: :. 170 Century Blvd.
.-::"-. A..sco"-". ...::. ADA Representative: Sandra McDonald
Phone (941) 534-1448
Toll Free 1-800-492-7862*
SUNCOM 572-6200
HILLSBOROUGH VENICE REGULATION DEPT. ^
STampa 115 Corporation Way
Venice, Florida 34292-3524
ADA Representative: Bonnie Kasper
Phone (941) 486-1212
Toll Free 1-800-320-3503*
SUNCOM 526-6900


Service Office Only:
INVERNESS SERVICE OFFICE
2303 Highway 44W
Inverness, Florida 34453-3809
Phone (352) 637-1360
SUNCOM 667-2371
A/ Distdct SeirviceOfice Location





Permit applications for water use, environmental resource, wetland resource, surface water manage-
ment and well construction may be submitted to any District Service Office. Permitting evaluation and
field services for projects within the designated areas will be conducted by the appropriate field office.
The District does not discriminate based on disability. Anyone requiring reasonable accommodation
under the ADA should contact BJ Jarvis at (352) 796-7211 or 1-800-423-1476 *; TDD only 1-800-
231-6103.*
*All 1-800 Telephone Numbers are for Florida Only.


June 1996









Southwest Florida Water Management District
ELECTRONIC ACCESS ERP APPLICATION FORMS


The file on the Download PC that contains the new ERP Application forms is ERP.EXE. It is a
compressed executable file. Compressing files allows for faster transfer time at our current rate
of 9600 baud. The new ERP file is approximately 320,000 bytes and has a transfer time of
approximately 8 minutes at the current existing baud rate. To decompress the .EXE file
downloaded from the Download PC, simply copy the file to your hard drive and at the DOS
prompt type the name of the file, then depress the Enter Key. The file should decompress
automatically. To log onto the District's Download PC, the following procedure should be used:

(1) The telephone number to the District's modem pool is (904) 796-0114. You should be
coming in at 9600 baud, 8 data bits, 1 stop bit, no parity and full duplex, and a VT-100
emulator. Because the District has a main switchboard, we have installed a modem pool
device to take calls intended for computers. Once into the modem pool you should
receive the prompt: CONNECT 9600. If a second prompt, ENTER NUMBER, does not
come up immediately, hit your Enter Key several times quickly. This typically "wakes
up" the system and makes it respond.

(2) Enter the number 4301. This will route your call to the proper phone modem.

(3) You should get the prompt: CALL COMPLETE

(4) After a few seconds you should receive a greeting and prompts for logging on the system.
The current greeting is "ALL DOC FILES HAVE BEEN CHANGED TO EXE FILES".

(5) Enter your first name and last name. The system will ask for name confirmation. If
correct, respond accordingly. You will then receive a prompt for a password.

(6) Since this is a stand-alone PC, used for uploading and downloading files and information,
use your first name as your password. The system will ask you to confirm the password
for your initial log in. From then on password confirmation is not necessary.

(7) You should get a screen that looks like the one below:
(F)iles (U)pload (D)ownload
(H)elp (T)ime (C)hat
(R)ead Mail (L)eave Mail (G)oodbye
Your Choice?

(8) To Download select D


Page 1 of 2


11/7/95









Southwest Florida Water Management District
ELECTRONIC ACCESS ERP APPLICATION FORMS


(9) You should now get a screen that looks like the one below:
A) Ascii Y) Ymodem (Batch) S) Sealink
K) Kermit 0) lk-Ymodem T) Telink
X) Xmodem E) 1K-Xmodem-G W) Wxmodem
Z) Zmodem G) Ymodem-G (Batch) I) Imodem
Your Choice?

(10) Select the protocol that matches the one you use. We typically use Zmodem (Z), but
Xmodem or Ymodem or Kermit also work.

(11) After you select your protocol you should now get the prompt:
FILE SPEC

(12) Enter the name of the file that you want to download and hit Enter.
(example File Spec: ERP.EXE)

(13) Then begin your transfer procedure.

If all went well, you should see the file transferring and when complete the system will
come back with "Transfer Complete"

(14) After the file transfer, the system will cycle back to the screen below
(F)iles (U)pload (D)ownload
(H)elp (T)ime (C)hat
(R)ead Mail (L)eave Mail (G)oodbye
Your Choice?
Select G and hit enter

For any assistance on files downloaded from the District's Download PC, contact Jim Whalen at
(904) 796-7211, extension 4350.

Faster downloads can be achieved using the Internet System. The current Home Page address for
the District is \\HTTP://WWW.DEP.STATE.FL\SWFWMD\. For assistance with the Internet
files, contact John Beatty at (813) 985-7481, extension 2311.


Page 2 of 2


11/7/95








Southwest Florida

Water Management District
2379 Broad Street Brooksville, Florida 34609-6899 1-800-423-1476 (Florida Only) or
(352) 796-7211 SUNCOM 628-4150 T.D.D. Number Only (Florida Only): 1-800-231-6103


An Equal Opportunity Employcr


7601 Highway 301 North
Tampa, Florida 33637-6759
1-800-8360797 or (813) 985-7481
SUNCOM 578-2070


170 Century Boulevard
Bartow, Florida 33830-7700
1-800-492-7862 or (941) 534-1448
SUNCOM 572-6200


115 Corporation Way
Venice. Forida 34292-3524
1-800-320-3503 or (941) 486-1212
SUNCOM 526-6900


2303 Highway 44 West
Inverness. Florida 34453-3809
(352) 637-1360


Roy G. Harrell, Jr.
Chairman, St. Petersburg
Joe L Davis, Jr.
Vice Chairman. Wauchula
Curtis L Law
Secretary. Land O' Lakes
Sally Thompson
Treasurer, Tampa
James L AlMen
Bushnell
Ramon F. Campo
Brandon
James L Cox
Lakeland
Rebecca M. Eger
Sarasota
John P. Harliee, IV
Bradenton
James E. Martin
St. Petersburg
Virginia S. Roo
Tampa
Peter G. Hubbell
Executive Director
Mark D. Farrell
" distant Executive Director
Edward B. Helvenston
General Counsel




























Excellence
Through
Quality
Service


TO:


Persons Receiving a Copy of the ENVIRONMENTAL RESOURCE
PERMITTING INFORMATION MANUAL


The Manual you have received contains the adopted rules for Environmental
Resource Permitting (ERP) together with other information that will be useful in
preparing an ERP application. Future changes and additions to the Manual are
anticipated; such as, application review for proprietary authorization to use State
owned Lands. The Manual has been prepared in "loose leaf style to facilitate the
inclusion of replacement or additional pages. To assist in distributing any new
pages, please complete the address form at the bottom of this page and return it.


RETURN TO:


Southwest Florida Water Management District
Office of General Counsel
2379 Broad Street
Brooksville, Florida 34609-6899


Attention: Claudia Alligood


Name:

Company:

Address:


Telephone:


Signed:









ENVIRONMENTAL RESOURCE PERMITTING
INFORMATION MANUAL


PRINTING HISTORY


First Edition Printed:

ERRATA Sheet

Revisions Printed:


October 1995 ERP Rules implemented

October 30, 1995 "Technical Corrections" to the ERPIM

February 23, 1996

July 31, 1996

October 18, 1996

April 21, 1997


Permission is granted to photocopy this Manual.

ii









ENVIRONMENTAL RESOURCE PERMITTING
INFORMATION MANUAL


TABLE OF CONTENTS

PAGE

PERMITTING REGIONS .................................. inside cover
PRINTING HISTORY ............................................ ii
TABLE OF CONTENTS ........................................... iii
P R EFA C E ..................................................... iv
ENVIRONMENTAL RESOURCE PERMITTING ........................ v

PART A RULES

CHAPTER 40D-4, FLORIDA ADMINISTRATIVE CODE .......... 4-1 to 4-42
CHAPTER 40D-40, FLORIDA ADMINISTRATIVE CODE ....... 40-1 to 40-11
CHAPTER 40D-400, FLORIDA ADMINISTRATIVE CODE .... 400-1 to 400-40

PART B BASIS OF REVIEW

TABLE OF CONTENTS ............................................ 1
BASIS OF REVIEW ...................................... B-1 to B-80
APPENDICES ........................................ B-81 to B-119

PART C FORMS. FEES AND OTHER INFORMATION

SUMMARY OF PERMIT TYPES AND THRESHOLDS ................. C-4
TYPICAL ERP APPLICATION FORMS NEEDED BY PERMIT/PROJECT .. C-5
ERP FORMS, FEES AND OTHER INFORMATION ................... C-6
PERMIT APPLICATION FORMS (SECTIONS A-I) .................... C-7
FORMAL WETLAND DETERMINATION PETITION FORM ............ C-43
PERMIT STATEMENT OF COMPLETION FORM .................... C-47
STATEMENT OF O&M INSPECTION FORM ....................... C-49
RULE 40D-1.607 PERMIT PROCESSING FEE ..................... C-51
SUMMARY OF ERP RESPONSIBILITIES BY FDEP ................. C-59
ERP OPERATING AGREEMENT BETWEEN SWFWMD/FDEP .......... 1-10

PART D PROJECT DESIGN AIDS

RAINFALL MAPS .............................................. D-5
RAINFALL DISTRIBUTION .................................... D-13









PREFACE


This Information Manual is published by the Southwest Florida Water Management District
(District) to inform the public regarding rules and regulations concerning environmental
resource permitting and management and storage of surface waters. It will provide
information and guidance to applicants regarding the process of obtaining an
Environmental Resource Permit (ERP) from the District. The manual consists of four major
parts.

Part A contains the rules goveming environmental resource permitting requirements and
exemptions, Chapters 40D-4, 40D-40, and 40D-400, Florida Administrative Code, (F.A.C.).

Although not included in this manual, other District rules that may relate to Environmental
Resource Permits are set forth in Chapter 40D, F.A.C. They include Chapter 40D-1
goveming procedures and fees, Chapter 40D-2 governing water use permitting, Chapter
40D-6 governing works of the District, Chapter 40D-8 governing minimum water levels and
rates of flow, Chapter 40D-45 governing mining of material other than phosphate. Other
Chapters of 40D may also be applicable.

Part B is entitled "Basis of Review for ERP applications within the Southwest Florida Water
Management District" and is incorporated by reference as part of Chapter 40D-4. The
"Basis" explains the usual procedures and technical criteria involved in the evaluation of
an ERP application.

Part C contains ERP application forms, fee schedule and other information needed to
apply for an environmental resource permit. They are provided for the applicant's use.

Part D contains.Project Design Aids and information that are not adopted as rule but will
be useful in preparing an ERP application. These design aids describe various
procedures and information relevant to surface water and environmental resource
permitting. They are provided in this manual for the applicant's use and convenience.

This manual contains material usually relied on by the District staff during project
evaluation to determine whether the proposed surface water management system qualifies
for regulatory approval. Additional criteria may be imposed by the District to meet the
conditions for permit issuance if the project is located within an area which the District
requires specific or alternate design criteria to protect water resources, public health, safety
or welfare. Applicants may provide, and the District may consider, information, methods
or procedures other than those described in this manual.

The District may periodically update this Manual and will provide public notice prior to
implementing any rule revisions. Users should contact the nearest District Service office
to obtain the most current version of this Manual. The District maintains a mailing list of
persons who use this Manual and will provide updates as they occur to interested persons
who complete the address form provided in the front of this Manual and return it to the
District.









Environmental Resource Permitting


Background and Authority

The Southwest Florida Water Management District (District) was created by Chapter 61-
691, Laws of Florida (1961), for purposes of flood control and water conservation. In 1972
the Florida Legislature enacted Chapter 373, Florida Statutes (F.S.), the Florida Water
Resources Act of 1972 (Act). The Act governs the regulation of all waters in the state,
unless exempted by law. Waters in the state are defined to include all water on or beneath
the surface of the ground or in the atmosphere.

The 1972 Act expanded the District's responsibilities from flood control to a broader range
of water management activities. Subsequent statutory revisions were made in 1993 and
1994 to further include environmental resource permitting (ERP). ERP combines Wetland
Resources permitting and Management and Storage of Surface Waters permitting into a
single process in an effort to streamline regulation procedures.

The purposes of the current Act are to provide for management of water and related
environmental resources; to promote the conservation, development and proper utilization
of surface and ground water; to provide water storage for beneficial purposes; to prevent
damage from floods, soil erosion and excessive drainage; to manage stormwater and
protect water quality; to protect wetlands, fish and wildlife, and other natural resources; and
to promote recreational development.

The District is governed by an eleven-member board which is responsible for the
administration of District programs, including implementation of the overall program of
water resource regulation authorized by the Act. The Act provides for the establishment
of permit programs for the regulation of artificial recharge or underground injection,
consumptive use of water, well construction, surface water management systems
(including wetland resources, stormwater drainage and water quality), and utilization of
works of the District. Except for artificial recharge/underground injection and consumptive
water use, the Act provides for the Department of Environmental Protection (Department)
to exercise state-wide oversight, with direction to share regulatory authority and
implementation with the water management districts to the maximum extent practicable.
Administration of the surface water management/environmental resource permitting
program is shared by the District and Department as prescribed in an activity based
operating agreement.

The District has implemented the permitting programs authorized by the Act by adopting
rules which are published as Chapter 40D of the Florida Administrative Code (F.A.C.).









Permitting Procedures


The District is governed by Chapters 373, 403 and 120, F.S., and Chapter 40D, F.A.C.
Together they provide an administrative framework for handling permit applications and the
resolution of conflicts that arise among applicants, objectors, and the District. Within this
framework, if no objections are received and the applicant agrees with the District staff's
recommendations, agency action regarding the application can usually be determined by
District staff or considered informally before the Governing Board. If the applicant
disagrees with the staffs recommendations, or someone else objects whose substantial
interest may be affected, the dispute can then be further discussed informally with staff
through an alternative dispute resolution process. If this fails, a formal hearing can be held
either before the Governing Board or before a hearing officer from the Department of
Administrative Hearings. In either case, adequate safeguards are provided so that
disputes can be resolved judiciously and expeditiously.

Upon receipt of an application for either an individual, conceptual, or general permit, the
District has 30 days in which to request any necessary additional information. The District
will issue or deny the permit within 90 days after receipt of a complete application for
individual and conceptual permit applications, and within 60 days after receipt of a
complete application for standard general permit applications (including formal wetland
determinations); unless a petition for hearing is filed or the time limitations of Chapter 120,
F.S., have been waived by the applicant. For a noticed general permit, an application must
be received by the District at least 30 days prior to beginning construction. If the District
determines that the system does not qualify for a noticed general permit, the District will
notify the applicant by mail within 30 days after receiving the application.

Pre-application Review

The regulation process can be assisted if the applicant elects to undergo a pre-application
conference with District staff early in the project planning process. One or more pre-
application review meetings with District staff can help the applicant and the project
designers to better understand District rules and regulations, and help District staff
understand the project. The District staff can outline procedures to facilitate exemption
determination or explain permitting requirements, as needed. Permitting exemptions may
be available; for example, certain farming operations may qualify if adequate conservation
planning occurs and improved management practices are implemented.

The applicant and designers can benefit by arranging a pre-application meeting with
District engineers, hydrologists and environmental scientists. To arrange such meetings,
applicants are invited to contact the District regulation service office that handles permits
in the county in which the proposed project is located. Staff can explain the kind of
information that will be needed and identify any potential permitting complications, thereby
preventing delays later.









Environmental Resource Permitting of Surface Water Management Systems

Statutory Provisions in Part IV, Chapter 373, F.S., authorize management and storage of
surface waters and environmental resource permitting. Permits may be required to be
obtained from the local water management district or the Department for construction,
alteration, operation or abandonment of most real property improvements which can
control surface waters, affect stormwater pollution, or impact wetlands.

An applicant for an environmental resource permit must show that the proposed project is
consistent with the goals and policies for management and storage of surface waters
expressed in Declaration of Policy, 373.016, F.S.; that the construction or alteration of the
surface water management system will not be harmful to the water resources of the
District; and that the operation and maintenance of the system will not be inconsistent with
the overall objectives of the District or harmful to the water resources of the District.

Rules of the Southwest Florida Water Management District (Chapters 40D-4, 40D-40, 40D-
45, and 40D-400, F.A.C.) describe the environmental resource permit requirements for
construction, alteration, or operation of surface water management systems. Generally,
impacts to wetlands or construction, alteration or operation of stormwater facilities, dams,
impoundments, reservoirs or appurtenant works require an ERP permit from the District.
To satisfy this requirement, an applicant must receive an individual permit, or qualify for a
standard general or noticed general permit.

Individual permit applications are reviewed by District staff with final action (approval or
denial) taken by the Goveming Board based upon compliance with Part IV of the Act and
Chapter 40D-4, F.A.C. General permit applications are similarly reviewed and agency
action taken by District staff. In addition to the conditions for permit issuance, technical
criteria for evaluating all projects are incorporated by reference in Rule 40D-4.091, F.A.C.
Additional criteria may be imposed for permitting if the project is located within an area in
which the District requires specific or altemate design criteria to protect water resources,
public health, safety or welfare.




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