Title: Chapter 40D-4, F.A.C.
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Title: Chapter 40D-4, F.A.C.
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Abstract: Jake Varn Ciollection - Chapter 40D-4, F.A.C.
General Note: Box 16, Folder 2 ( SWFWMD Environmental Resource Permitting Informational Manual - 1997 ), Item 2
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Full Text



Southwest Florida Water Management District


CHAPTER 40D-4, F.A.C.


ENVIRONMENTAL RESOURCE PERMITTING
INFORMATION MANUAL


AK


MANAGEMENT AND STORAGE OF SURFACE WATERS


APRIL 1997


a B









I. Chapter 40D-4, F.A.C., Individual Environmental Resource Permits

This Chapter sets forth the permit rule requirements for projects which do not qualify for Standard
General permits under Chapter 40D-40, F.A.C., or Noticed General permits under Chapter 40D-400,
F.A.C. Four types of permits and determinations can be issued under Chapter 40D-4, F.A.C.:
1) Conceptual Permits, 2) Construction Permits, 3) Operation Permits, and 4) Formal Determinations
of Wetland Boundaries.

Sections 40D-4.301 and 40D-4.302, F.A.C., list the conditions for issuance of permits under the
chapter. The specific design criteria with which a project must comply are incorporated by reference
in Rule 40D-4.091, F.A.C., and are reproduced in Part B of this manual as the Basis of Review for
Environmental Resource Permit Applications within the Southwest Florida Water Management
District.

The difference between a conceptual permit and the other permits authorized under this chapter is
that a conceptual permit does not authorize any construction, operation or maintenance of a surface
water management system. A conceptual permit is valid for a period of two years and a construction
permit is valid for five years. Renewal of these permits can be granted by formal permit
modification (see Rules 40D-4.321 and 40D-4.331). Formal determinations of wetland boundaries
do not authorize any construction and are valid for five years.

The application forms, fee schedule, and other directions and information needed to apply for an
environmental resource permit under this chapter are included within Part C of this ERP Information
Manual.










RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-4
INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS


40D-4. 011
40D-4.021
40D-4.031
40D-4.041
40D-4.042
40D-4.051
40D-4.052
40D-4.053
40D-4.054
40D-4.091
40D-4.101
40D-4.111
40D-4.121
40D-4.131
40D-4.201
40D-4.301
40D-4.302
40D-4.311
40D-4.321
40D-4.331
40D-4.341
40D-4.351
40D-4.381
40D-4.401
40D-4.411
40D-4.451
40D-4.461
40D-4.471
40D-4.481


Policy and Purpose
Definitions
Implementation, Effective Date and Applicability
Permits Required
Formal Determination of Wetlands and Other Surface Waters
Exemptions
Request for Exemption (Reserved)
Conditions for Exemption
Alteration of Exempt Projects
Publications and Agreements Incorporated by Reference
Content of Application o
Notice of Application Form
Notice and Hearing Requirements
Times for Receiving Objections and for Hearing
Permit Processing Fee
Conditions for Issuance of Permits
Additional Conditions for Issuance of Permits
Variances
Duration of Permits
Modification of Permits
Revocation of Permits
Transfer of Permits
General Conditions
Identification Tags
Completion Report
Emergency Authorization
Inspection
Abatement and Abandonment of a System
Remedial and Emergency Measures


0
40D-4.011 Policy and Purpose.
(1) It is the policy of the District to regulate the
management and storage of all surface waters within its boundaries
pursuant to the provisions of Chapter 373, Florida Statutes, and
Chapters 40D-4, 40D-40, 40D-45, and 40D-400, Florida Administrative
Code.
(2) The rules in this chapter, as well as chapters 40D-40,
40D-45, and 40D-400, Florida Administrative Code, implement the


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comprehensive permit system contemplated in part IV of Chapter 373,
Florida Statutes.
(3) Rules relating to Standard General Permits are found in
Chapters 40D-40 and 45, F.A.C. Rules relating to Noticed General
Permits are found in Chapter 40D-400, F.A.C.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law
Implemented 373.413, 373.416, 373.426 FS. History -Readopted 10-5-
74, Formerly 16J-4.01, Amended 10-1-84, 3-1-88, 10-3-95.

40D-4.021 Definitions.
When used in this Chapter and Chapters 40D-40 and 40D-400:
(1) "Environmental Resource Permit" means a conceptual,
individual or general permit for a surface water management system
issued pursuant to Part IV, Chapter 373, Florida Statutes.
(2) "Conceptual Permit" means an environmental resource
permit issued by the District which approves the concepts of a
phased development master plan for a surface water management
system or for a mitigation bank which is binding upon the District -
and the permitted based upon the rules in effect at the time of
filing of the conceptual application and constitutes final District
action so that construction and operation permits for each phase
will be reviewed under the permitting criteria in effect when the
application for the conceptual permit was filed.
(3) "Construction permit" means an environmental resource
permit issued by the District authorizing construction, alteration
or abandonment of a surface water management system in accordance
with the terms and conditions of the permit.
(4) "Operation permit" means a phase of an environmental
resource permit issued by the District authorizing the operation
and maintenance of a surface water management system in accordance
with the terms and conditions of the permit.
(5) "Surface water management system" or "system" means any
stormwater management system, dam, impoundment, reservoir,
appurtenant work, or works or any combination thereof. The terms
"surface water management system" or "system" include areas created
by filling or by dredging as those terms are defined in subsections
373.403(13) and 373.403(14), F.S.


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(6) "New surface water management system" means any surface
water management system which is not in existence on October 1,
1984, or not authorized to be constructed on October 1, 1984.
(7) "Alteration" means any activity resulting in substantial
expansion or change of a surface water management system that will
increase or decrease the design discharge of the system, increase
pollutant loading, change the point or points of discharge, or
intrude into or otherwise adversely impact wetlands by rim
ditching, draining, filling or excavation. Routine custodial
maintenance and repairs shall not constitute alterations.
(8) "Surface waters of the state" means those surface waters
regulated pursuant to subsection 403.031(13), Florida Statutes.
(9) "Surface waters" are defined in subsection 373.019(10),
Florida Statutes.
(10) "Wetlands" means those areas that are inundated or
saturated by surface water or ground water at a frequency and a
duration sufficient to support, and under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soils. Soils present in wetlands generally are
classified as hydric or alluvial, or possess characteristics that
are associated with reducing soil conditions. The prevalent
vegetation in wetlands generally consists of facultative or
obligate hydrophytic macrophytes that are typically adapted to
areas having soil conditions described above. These species, due
to morphological, physiological, or reproductive adaptations, have
the ability to grow, reproduce, or persist in aquatic environments
or anaerobic soil conditions. Florida wetlands generally include
swamps, marshes, bayheads, bogs, cypress domes and strands,
sloughs, wet prairies, riverine swamps and marshes, hydric seepage
slopes, tidal marshes, mangrove swamps and other similar areas.
Florida wetlands generally do not include longleaf or slash pine
flatwoods with an understory dominated by saw palmetto.
(11) "Total land area" means land holdings under common
ownership or control which are contiguous, or land holdings which
are served by a common surface water management system.
(12) "Project Area" means the area within the total land area,
as defined in section 40D-4.021(11), which is or will be served by
a surface water management system to be permitted.
(13) "Construction" means any on site activity which will
result in the creation of a new surface water management system, or


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the abandonment or alteration of an existing surface water
management system, including the building, assembling, expansion or
recontouring of the property; the erection of buildings or other
structures, or any part thereof; or land clearing.
(14) "Basis of Review for Environmental Resource Permit
Applications within the Southwest Florida Water Management
District," or "Basis of Review" is the document incorporated by
reference in Rule 40D-4.091, which provides threshold design,
administrative and technical criteria for permit applicants.
(15) "General Permit" means an Environmental Resource Permit
issued or denied by District staff. General Permits are issued as
either Noticed General or Standard General permits.
(16) "Individual Permit" means an Environmental Resource
Permit issued by the District Governing Board.
(17) "Embedment" is the placement of transmission or
distribution lines, pipes or cables into the bottoms of waters of
the state by minimal displacement of bottom material and without
the creation of a trench, or trough, through the use of techniques
such as plowing-in, weighing-in, or non-trenching jets.
(18) "Entrenchment" is the placement of transmission or
distribution lines, pipes or cables into the bottoms of waters of
the state by the creation of a defined trench, or trough, through
the use of such devices as clamshells, dredges, trenching jets, or
other devices which produce similar results.
(19) The definitions listed in Chapters 40D-400, F.A.C. are
also applicable to this Chapter and Chapter 40D-40, F.A.C.
(20) "Site Conditions Assessment Permit" means an
environmental resource permit issued by the District as the first
phase of construction permitting which identifies and documents the
boundaries of certain existing topographic and environmental site
conditions within the applicant's project area that are measurably
associated with waters.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law
Implemented 373.403, 373.413 FS. History Readopted 10-5-74,
Formerly 16J-4.02, Amended 10-1-84, 3-1-88, 9-11-88, 10-3-95, 7-23-
96.


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40D-4.031 Implementation, Effective Date and Applicability.
(1) Chapter 40D-4 shall continue in implementation from
January 1, 1975, throughout the entire area comprising the District
as of 11:59 p.m., December 31, 1976; and from August 3, 1977,
throughout the areas annexed into the Peace and Withlacoochee River
Basins and within the Manasota Basin; and shall be implemented
October 16, 1978, and apply within the area annexed into the
District by Chapter 78-65, Laws of Florida.
(2) Amendments to these rules adopted October 27, 1987,
including the Basis of Review, are effective March 1, 1988, and
apply to permit applications filed on or after March 1, 1988.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law
Implemented, 373.413, 373.416, 373.426 FS, 76-243, Laws of Florida.
History Readopted 10-5-74, Amended 9-4-77, 10-16-78, Formerly
16J-4.03, Amended 10-1-84, 3-1-88.

40D-4.041 Permits Required.
(1) Unless expressly exempt by law or District rule an
Environmental Resource Permit shall be obtained from the District
prior to:
(a) The construction and operation of any new surface
water management system, or
(b) The alteration, abandonment, or removal of any
surface water management system.
(c) The establishment of a mitigation bank.
(2) The District issues the following types of Environmental
Resource Permits:
(a) General permits for construction, alteration,
operation, removal or abandonment of surface water management
systems for projects which have, either singularly or cumulatively,
minimal environmental impact.
(1) Standard general permits are issued pursuant to
Chapters 40D-40 and 40D-45, F.A.C.
(2) Noticed general permits are issued pursuant to
Chapter 40D-400, F.A.C.
(b) Individual permits for construction, alteration,
operation, removal or abandonment of surface water management
systems for projects not meeting the criteria to qualify for a


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general permit under Rules 40D-40 or 40D-400, F.A.C., and for
mitigation banks.
(c) Conceptual permits are individual permits for
mitigation banks and projects to be developed in phases which
approve the concepts of a phased development master plan. A
conceptual permit does not authorize construction, alteration,
operation, or abandonment of a surface water management system or
establishment of a mitigation bank.
(d) Site conditions assessment permits are optional
standard general permits issued pursuant to Chapters 40D-4 and 40D-
40, F.A.C., and the Basis of Review for Environmental Resource
Permit Applications within the Southwest Florida Water Management
District, as the first phase of construction permitting which
identify and document the boundaries of certain existing
topographic and environmental site conditions existing within a
project area. At a minimum, all site conditions assessment permits
shall evaluate, and identify if present, the landward extent of
wetlands and other surface waters; the level and landward extent of
the 100 year floodplain; seasonal high water levels and existing
watershed delineations. In the permit application, the applicant
may request that the District evaluate additional site conditions
boundaries. A site conditions assessment permit does not authorize
construction, alteration, operation, or abandonment of a surface
water management system or establishment of a mitigation bank.
However, a currently valid site conditions assessment permit can be
formally modified by the permitted to apply for either an
individual or a general construction and operation permit.
(3) A permit may be required for surface water management
systems exempt under subsections 40D-4.051(3) or (6) if the master
drainage plan is altered so as to have an adverse impact on the off
site water resources in the District.
(4) A Standard General Permit for Minor Surface Water
Management Systems is required for a surface water management
system, otherwise exempt from permitting under subsections 40D-
4.051(4), (6), (7) or (8), unless the system is exempt by statute
or rule from storm water quality regulation or has received storm
water quality review and approval by the District or by a DEP
permit, license or certification.
(5) Any dredging or filling in, on, or over surface waters of
the State which is authorized by a general or individual permit


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issued under Chapters 40D-4, 40D-40, 40D-45 or 16J-4, F.A.C., as
such Chapters existed prior to October 3, 1995, but which is not
authorized by a permit or exemption under Chapter 62-312, F.A.C.,
as such Chapter existed prior to October 3, 1995, shall require an
Environmental Resource Permit prior to the dredging or filling.
However, such dredging or filling shall be exempt from the
requirements of paragraphs 40D-4.301(1) (a) through (e) and (g)
through (k).
(6) A proprietary authorization is required by Chapters 253
and 258, F.S., for activities which are located on submerged lands
owned by the Board of Trustees of the Internal Improvement Trust
Fund. Such authorization shall be reviewed by the District for
activities which also require an environmental resource permit or
exemption under Chapters 40D-4, 40D-40, and 40D-400, F.A.C., or a
permit under subsections 373.414(11)-(16), F.S., under Section
373.427, F.S., Chapters 18-20 and 18-21, F.A.C., and Rules 62-
312.065 and 62-343.075, F.A.C.

Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS.
Law Implemented 373.413, 373.416, 373.426, 373.427 FS. History -
Readopted 10-5-74, Amended 12-31-74, 9-4-77, 6-7-78, Formerly 16J-
4.04, 16J-4.10(1),(2),(4), Amended 10-1-84, 3-1-88, 10-3-95, 7-23-
96, 10-16-96, 4-17-97.

40D-4.042 Formal Determination of Wetlands and Other Surface
Waters.
(1) Pursuant to subsection 373.421(2), F.S., a real property
owner, an entity that has the power of eminent domain, or any other
person who has a legal or equitable interest in real property may
petition the District for a formal determination for that property.
A formal determination means the District will determine the
locations on the property of the landward extent (boundaries) of
wetlands and other surface waters.
(2) To petition for a formal determination, the petitioner
must submit to the District the following:
(a) five copies of a Petition for Formal Determination
including copies of all items required by that form, and
(b) a non-refundable formal determination fee as
specified in Section 40D-1.607, F.A.C.


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(3) The provisions of sections 120.57 and 120.59, F.S., apply
to formal determinations made pursuant to this section.
(4) A petitioner can request a formal determination
consisting of a certified survey, an approximate delineation, or
combinations thereof as described in Section 3.4 of the Basis of
Review for Environmental Resource Permit Applications adopted by
reference in section 40D-4.091, F.A.C.
(5) The Executive Director is delegated the authority to take
final action on petitions for formal determinations under this
section. A formal determination shall be issued only if the
petitioner has satisfied all the requirements of this section.
(6) A formal determination shall be binding for five years
provided physical conditions on the property do not change so as to
alter the boundaries of the wetlands and other surface waters
during that period.
(7) A petition for a new formal determination for a property
for which a formal determination already exists shall require the
reduced fee set forth in Chapter 40D-1, F.A.C., provided:
(a) physical conditions on the property have not changed
so as to alter the boundaries of the wetlands and other surface
waters during that period; and
(b) the petition is submitted prior to the existing
determination's expiration.
(8) Pursuant to subsection 373.421(4), F.S., the Governing
Board may revoke the formal wetland determination upon a finding
that the petitioner has submitted inaccurate information to the
District.

Specific Authority 373.044, 373.113, 373.421(2) FS. Law Implemented
373.421(2) FS. History New 10-3-95.

40D-4.051 Exemptions.
The following activities are exempt from permitting under this
chapter:
(1) The activities specified in Sections 373.406, Florida
Statutes.
(2) The construction, alteration, or operation of a surface
water management system for agricultural or silvicultural
activities which satisfies the following requirements:


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(a) The total land area does not equal or exceed 10
acres;
(b) The area of impervious surface will not equal or
exceed 2 acres;
(c) The activities will not be conducted in wetlands;
(d) The activities will not be conducted in existing
lakes, streams, or other watercourses;
(e) The surface water management system will not utilize
drainage pumps or operable discharge structures;
(f) The activities will not utilize storm drainage
facilities larger than one 24-inch diameter pipe, or its hydraulic
equivalent;
(g) Discharges from the site will meet applicable state
water quality standards, as set forth in Chapter 17-3, and Rule 17-
4.242;
(h) The activities are part of a conservation plan
prepared or approved by a local Soil and Water Conservation
District Board organized pursuant to Chapter 582, Florida Statutes,
(S.C.S.). If the S.C.S. conservation plan is not implemented
according to its terms, the exemption created in this subsection
does not apply.
(i) The activities can otherwise reasonably be expected
not to have significant adverse water resource impacts; and
(j) The surface water management system can be
effectively maintained.
(3) Any project, work or activity which has received all
governmental approvals necessary to begin construction and is under
construction prior to October 1, 1984.
(4) Any project, work or activity which received a surface
water management permit from the District prior to October 1, 1984.
(5) Any project, work or activity which did not require a
surface water management permit from the District and had received
all other necessary governmental approvals to begin construction or
operation prior to October 1, 1984.
(6) Any phased or long term build out project, including a
development of regional impact, planned unit development, develop-
ment with a master plan or master site plan, or similar project,
which has received local or regional approval prior to October 1,
1984, if:


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(a) The approval process requires a specific site plan
and provides for a master drainage plan approved prior to the
issuance of a building permit, and
(b) The developer has notified the District of its
intention to rely upon this exemption on or before April 1, 1985.
Projects exempt under this subsection shall continue to be
subject to the District's surface water management rules in effect
prior to October 1, 1984.
(7) (a) All normal and necessary farming and forestry
operations as are customary for the area, which can be conducted
without the construction or alteration of a surface water
management system. In order to qualify for this exemption, such
operations and facilities shall not impede or divert the flow of
surface waters entering or leaving the operation or intrude into or
otherwise substantially and adversely impact significant wetlands.
(8) Phosphate mining and mining related surface water
management systems are exempt from the requirements of this
chapter, provided that all conditions for exemption in Rule
40D-4.053(1) are met. However, nothing in this section is intended
to exempt phosphate mining from the Department of Environmental
Protection's authority.
(9) Phosphate mine reclamation and restoration conducted in
accordance with Chapter 16C-16, the Mine Reclamation rules of the
Florida Department of Environmental Protection, is exempt from the
requirements of this chapter provided that all conditions for
exemption in Rule 40D-4.053(2) are met.
(10) Construction or private use of a single family dwelling
unit, duplex, triplex or quadruplex that is not part of a larger
common plan of development or sale and does not involve wetlands or
other surface waters.
(11) Routine maintenance of a surface water management system;
however, maintenance of surface water management systems will be
considered in conjunction with the applications for construction,
alteration, or operation.
(12) In accordance with the provisions of Section 403.813(2),
F.S., no permit shall be required under Chapters 40D-4, 40D-40 or
40D-400, Florida Administrative Code for the following activities:
(a) The repair or replacement of existing functional
pipes or culverts the purpose of which is the discharge or
conveyance of stormwater. In all cases, the invert elevation, the


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diameter, and the length of the culvert shall not be changed.
However, the material used for the culvert may be different from
the original material. This exemption does not authorize the
repair, replacement, or alteration of dams, spillways or
appurtenant works, nor construction activities or procedures that
cause a violation of water quality standards as set forth in
Chapter 62-302 and Rule 62-4.242, F.A.C.
(b) The installation, replacement or repair of mooring
pilings and dolphins associated with private docking facilities.
(c) The installation of private docks of 1000 square
feet or less of surface area over wetlands or other surface waters
or 500 square feet or less of surface area over wetlands or other
surface waters for docks which are located in Outstanding Florida
Waters. This exemption shall include the construction of
structures above the dock area, such as gazebos and boat shelters,
provided such structures are not enclosed with walls and doors, are
not used for living, commercial purposes, or storage of materials
other than those associated with recreational use and provided the
structures do not exceed, together with the docking facility, the
total area limitations above. To qualify for this exemption, any
such dock and associated structure:
1. shall be used for recreational, non-commercial
activities; and
2. shall be constructed or held in place by
pilings, including floating docks, so as not to involve filling or
dredging other than necessary to install the pilings; and
3. shall not substantially impede the flow of
water or create a navigational hazard; and
4. shall be the sole dock constructed pursuant to
this exemption as measured along the shoreline for a minimum
distance of 65 feet, unless the parcel of land or individual lot as
platted is less than 65 feet in length along the shoreline, in
which case there may be one exempt dock allowed per parcel or lot.
For the purposes of this rule, multi-family living complexes and
other types of complexes or facilities associated with the proposed
private dock shall be treated as one parcel of property regardless
of the legal division of ownership or control of the associated
property. Construction of a private dock under this exemption does
not obligate the District to issue a subsequent permit to construct
a channel to provide navigational access to the dock. Activities


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associated with a private dock shall include the construction of
the structures attached to the pier which are only suitable for the
mooring or storage of boats (i.e., boatlifts). Nothing in this
paragraph shall prohibit the Department from taking appropriate
enforcement action pursuant to Chapter 403, F.S., to abate or
prohibit any activity otherwise exempt from permitting pursuant to
this paragraph if the Department can demonstrate that the exempted
activity has caused water pollution in violation of Chapter 403,
F.S.
(d) The performance of maintenance dredging of existing
manmade canals, channels, basins, berths, and intake and discharge
structures, where the spoil material is to be removed and deposited
on a self-contained, upland spoil site which will prevent the
escape of the spoil material and return water from the spoil site
into wetlands or other surface waters, provided no more dredging is
performed than is necessary to restore the canal, channels, basins,
berths, and intake and discharge structures to original design
specifications, and provided that control devices are used at the
dredge site to prevent turbidity and toxic or deleterious
substances from discharging into adjacent waters during maintenance
dredging. This exemption shall apply to all canals constructed
before April 3, 1970, and to those canals constructed on or after
April 3, 1970, pursuant to all necessary state permits. This
exemption shall not apply to the removal of a natural or manmade
barrier separating a canal or canal system from adjacent wetlands
or other surface waters. Where no previous permit has been issued
by the Board of Trustees of the Internal Improvement Trust Fund,
the Department, the District or the United States Army Corps of
Engineers for construction or maintenance dredging of the existing
manmade canal, channel, basin, berth or intake or discharge
structure, such maintenance dredging shall be limited to a depth of
no more than 5 feet below mean low water.
(e) the installation and maintenance to design
specifications of boat ramps on artificial bodies of water where
navigational access to the proposed ramp exists, or the
installation and maintenance to design specifications of boat ramps
open to the public in any wetlands or other surface waters where
navigational access to the proposed ramp exists and where the
construction of the proposed ramp will be less than 30 feet wide
and will involve the removal of less than 25 cubic yards of


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material from the wetlands or other surface waters and the
installation of docks with an area of 500 square feet or less over
wetlands or other surface waters that are associated with and
adjoining the boat ramps constructed pursuant to this exemption.
All material removed shall be placed upon a self-contained upland
site so as to prevent the escape of the spoil material and return
water from the spoil site into the wetlands or other surface
waters. For the purpose of this exemption artificial bodies of
water shall include, residential canal systems, canals permitted by
a District created under Section 373.069, Florida Statutes, and
artificially created portions of the Florida Intracoastal Waterway.
(f) Construction of seawalls or riprap, including only
that backfilling needed to level the land behind seawalls or
riprap, in artificially created waterways where such construction
will not violate existing water quality standards, impede
navigation or adversely affect flood control. An artificially
created waterway is defined as a body of water that has been
totally dredged or excavated and which does not overlap natural
wetlands or other surface waters. For the purpose of this
exemption, artificially created waterways shall also include
existing residential canal systems. This exemption does not apply
to the construction of vertical seawalls in estuaries or lagoons
unless the proposed construction is within an existing man-made
canal where the shoreline is currently occupied in whole or in part
by vertical seawalls.
(g) Construction of private docks in artificially
created waterways where construction will not violate water quality
standards, impede navigation, or adversely affect flood control.
(h) The replacement or repair of existing docks and
mooring pilings provided that no fill material other than the piles
is to be used, and provided that the replacement or the repaired
dock or mooring pile is in the same location and of the same
configuration and dimensions as the dock or mooring pile being
replaced or repaired. A dock or mooring pile must be functional
and able to provide access to boats moored at the dock or pile
before this exemption may be used unless the dock or mooring pile
has been rendered nonfunctional by a discreet event such as a
storm, collision or fire.
(i) The restoration of a seawall or riprap at its
previous location, upland of its previous location, or within one

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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

foot waterward of its previous location. No filling can be
performed except in the actual restoration of the seawall or
riprap. No construction shall be undertaken without necessary
title or leasehold interest, especially where private and public
ownership boundaries have changed as a result of natural
occurrences such as accretion, reliction and natural erosion.
Restoration and repair shall be performed using the criteria set
forth in Section 373.414(5), Florida Statutes. This exemption
shall be limited to functioning seawalls or riprap. This exemption
shall not affect the permitting requirements of Chapter 161,
Florida Statutes.
(j) The maintenance of functioning insect control
structures, and the maintenance of functioning dikes and
functioning irrigation and drainage ditches, including roadway
ditches, provided that the spoil material is deposited on a self-
contained upland spoil site which will prevent the escape of the
spoil material and return water into wetlands or other surface
waters. In the case of insect control structures, if the cost of
using a self-contained upland spoil site is so excessive as
determined by the Department of Agriculture and Consumer Services,
pursuant to subsection 403.088(1), Florida Statutes, that it will
inhibit the proposed insect control, existing spoil sites or dikes
may be used, upon notification to the District. In the case of
insect control where upland spoil sites are not used pursuant to
this exemption, turbidity control devices shall be used to confine
the spoil material discharge to that area previously disturbed when
the receiving body of water is used as a potable water supply, is
designated as approved, conditionally approved, restricted or
conditionally restricted waters for shellfish harvesting by the
Department, or functions as a habitat for commercially or
recreationally important shellfish or finfish. In all cases, no
more dredging is to be performed than is necessary to restore the
dike or irrigation or drainage ditch to its original design
specifications. This exemption shall apply to man-made trenches
dug for the purpose of draining water from the land or for
transporting water for use on the land and which are not built for
navigational purposes.
(k) The restoration of less than 100 feet in length of
existing insect control impoundment dikes and the connection of
such impoundments to tidally influenced waters. Such impoundments


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

shall be connected to tidally influenced waters for at least 6
months each year, beginning September 1, and ending February 28, if
feasible, or operated in accordance with an impoundment management
plan approved by the District. The connection shall be of
sufficient cross-sectional area to allow beneficial tidal
influence. Restoration shall involve no more dredging than needed
to restore the dike to original design specifications, and such
that the final elevation of the dredge area shall be within 2 feet
of immediately adjacent bottom elevations. For the purposes of
this paragraph, restoration shall not include maintenance of
impoundment dikes of insect control impoundments.
(1) The installation of subaqueous transmission and
distribution lines laid on, or embedded in, the bottoms of wetlands
or other surface waters, except in Class I and Class II waters and
aquatic preserves, provided that no dredging or filling is
necessary.
(m) The replacement or repair of subaqueous transmission
and distribution lines laid on or embedded in, the bottoms of
wetlands or other surface waters.
(n) The construction of private vertical seawalls in
wetlands or other surface waters, other than in an estuary or
lagoon, and the construction of riprap revetments, where such
construction is between and adjoins at both ends existing seawalls
or riprap, follows a continuous and uniform construction line with
the existing seawalls or riprap, is no more than 150 feet in
length, and does not violate existing water quality standards,
impede navigation adversely or affect flood control. However, this
shall not affect the permitting requirements of Chapter 161,
Florida Statutes. Construction shall be in accordance with
subsection 373.414(5), Florida Statutes.
(o) The replacement or repair of existing open-trestle
foot bridges and vehicular bridges that are 100 feet or less in
length and two lanes or less in width, provided that no more
dredging or filling in wetlands or other surface waters is
performed than that necessary to replace or repair pilings and that
the structure to be replaced or repaired is the same length, the
same configuration, and in the same location as the original
bridge. No debris from the original bridge shall be allowed to
remain in wetlands or other surface waters.


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

(13) The following activities shall not be required to obtain
a permit under chapters 40D-4, 40D-40, or 40D-400, F.A.C.:
(a) Activities necessary to preserve, restore, repair,
remove, or replace an existing communication or power pole or line,
provided that work does not involve dredge or fill activities other
than the removal of the existing structure and the installation of
the new structure, and in the case of a power pole or line, the
activity does not increase the voltage of existing power lines. An
activity does not qualify to use this exemption if it results in
relocation of an existing structure or facility more than 10 feet
in any direction from its original location, or if it involves the
construction of new power or telephone lines or the repair and
replacement of existing structures that require dredge or fill
activities to provide access to the site.
(b) The installation, removal, and replacement of
utility poles that support telephone or communication cable lines,
or electric distribution lines of 35kV or less, together with the
bases and anchoring devices to support those poles, as specified
below. For the purpose of this exemption, "anchoring device" shall
mean steel guy wires fastened to the ground and "base" shall mean
a concrete or steel foundation not exceeding four feet in radius,
used to support a utility pole. This exemption shall be subject to
the following conditions:
1. no more than 15 utility poles may be installed,
removed, or replaced in wetlands;
2. this exemption shall not apply in surface
waters other than wetlands;
3. the temporary disturbance to wetlands shall be
limited to a length of 0.5 miles, an areal extent of 0.5 acre, and
a width of 30 feet to access the site to actually install, remove,
or replace the utility poles, thereafter, maintenance of the
utility right of way in wetlands shall be limited to a cleared
corridor that does not exceed a total width of 15 feet and a total
area of 0.25 ac.;
4. this exemption shall not apply in forested
wetlands located within 550 feet from the mean or ordinary high
water line of a named waterbody that is designated as an
Outstanding Florida Water or an Outstanding National Resource
Water, or to activities in any aquatic preserves;


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

5. there shall be no permanent placement of fill
other than utility poles and anchoring devices;
6. there shall be no dredging or filling of fill
pads or access roads except for temporary mats, which may be used
to access pole installation sites, and all temporary mats shall be
removed within thirty days after the installation, removal or
replacement of the utility poles, associated bases, and anchoring
devices;
7. the installation of the utility pole(s) and
associated bases and anchoring devices shall not interfere with
navigation or impede water flow in wetlands;
8. turbidity, sedimentation, and erosion shall be
controlled during and after construction to prevent violations of
state water quality standards due to construction related
activities;
9. except for the permitted structures, pre-
construction ground elevations and the contours of all soils that
are disturbed by construction activities, including vehicle ruts in
wetlands, shall be restored within 30 days of completion of the
installation of the utility line or cable, and restored grades
shall be stabilized within 72 hours following completion of
elevation and contour restoration to minimize erosion;
10. vehicle usage in wetlands shall be conducted so
as to minimize tire rutting and erosion impacts;
11. water jets shall not be used except for those
which are a pre-engineered part of the pole, and provided that the
water for the jets is either recirculated on site or is discharged
in a self contained upland disposal site;
12. vehicular access in wetlands shall be limited
to existing roads, trails, rights-of-way or easements, and to other
previously disturbed corridors where they exist; and
13. the permitted shall provide an annual report to
the District which summarizes the activities conducted under this
exemption for the period from January 1 to December 31 of each
year, including: the acreage of temporary impacts in wetlands
resulting from the use of temporary mats and the clearing of
wetland vegetation; the extent of permanent impacts to wetlands
including the number of poles and structures in wetlands and the
acreage of clearing in wetlands; the voltage of all electric lines
that are installed; the number of times this exemption is used; the


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

specific location of each line that is installed (including the
county, the section, township, and range, and the identity of
permanent landmarks such as roads and named wetlands and other
surface waters within or adjacent to the work location), and the
number of times and locations where water jets are used.
(c) The installation of aids to navigation, including
bridge fender piles, "No Wake" and similar regulatory signs, and
buoys associated with such aids, provided that the devices are
marked in accordance with Section 327.40, Florida Statutes.
(d) The use of rotenone, by the Florida Game and Fresh
Water Fish Commission, in conducting tests related to its
responsibility regarding fish management. The chemical selected
shall be used at no more than the strength approved by the EPA
label, or a lesser strength than the EPA approved label. In
addition, the chemical shall be used only under the direct on-site
supervision of a staff member of the Florida Game and Fresh Water
Fish Commission.
(e) Maintenance of minor silvicultural surface water
management systems as described in subsection 40D-400.500(4), .
F.A.C., which were permitted under Part IV of Chapter 373, F.S. or
were constructed prior to the requirements for a permit under this
part, provided such maintenance is conducted in accordance with the
performance standards set forth in subsection 40D-400.500(5),
F.A.C.
(f) The construction or maintenance of culverted
driveway or roadway crossings and bridges of artificial waterways,
subject to the following provisions:
1. This exemption shall apply only to wholly
artificial, non-navigable drainage conveyances.
2. The construction project area shall not exceed
one acre, and the construction shall be for a discrete project that
is not part of a larger plan of development which requires
permitting under Chapters 40D-40, 40D-400, F.A.C., or this chapter.
3. The artificial waterway in existing condition
shall be not more than 4 feet deep, measured from the top of bank
to the bottom of the artificial waterway.
4. The person performing the exempt activity shall
ensure that the size and capacity of the culvert(s) will be
adequate to pass normal high water stages of the artificial
waterway without causing adverse impacts to upstream or downstream


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

property, but the culvert(s) shall not be larger that one 24 inch
diameter pipe, or its equivalent; and in no instance shall the
culvert(s) provide a smaller cross-sectional area or discharge
capacity than any upstream culvert.
5. The elevation of the culvert invert shall be at
the existing bottom grade of the artificial waterway.
6. The length of the driveway or roadway crossing
the waterway shall not exceed 30 feet from top of bank to top of
bank.
7. The top width of the driveway or roadway shall
not exceed 20 feet, the toe to toe width shall not exceed 40 feet,
and side slopes shall be no steeper than 3 feet horizontal to 1
foot vertical.
8. Clean fill used for the crossing shall be
obtained from an upland borrow pit'or from a dredge site that is in
compliance with the regulatory requirements of Part IV, Chapter
373, F.S., either through a permit, or an exemption.
9. There shall be no additional dredging, filling,
or construction activities within the artificial waterway or
project area, except those directly involved in the construction or
operation and maintenance of the culverted crossing and those
exempted from regulation under Part IV, Chapter 373, F.S.
10. All temporary fill in construction areas shall
be removed and the area regraded to original elevations and
revegetated.
11. The person performing the exempt activity shall
implement measures for erosion and pollution control using best
management practices, including turbidity curtains or similar
devices and other site specific practices, in strict adherence to
the Florida Department of Transportation's "Standard Specifications
for Road and Bridge Construction," and Chapter 6 of the
Department's "Florida Development Manual," to prevent violations of
state water quality standards. Temporary erosion controls shall be
implemented prior to and during construction, and permanent erosion
control measures for all exposed soils shall be completed within 7
calendar days of the most recent construction activity.
12. Any spoil material from construction or
maintenance shall be used or disposed of on an upland portion of
the property or shall be transported off site and deposited on a
self-contained upland spoil site that is in compliance with the


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

permitting requirements of Chapters 40D-4 and 40D-40, F.A.C., as
applicable.
13. If dewatering is performed, all temporary fill
dikes and dewatering discharges shall be installed and constructed
so that no upstream flooding or impoundment occurs and to prevent
siltation, erosion or turbid discharges into waters of the State in
violation of state water quality standards. Any temporary works
shall be completely removed, and all areas upstream and downstream
from the crossing shall be restored to grades, elevations and
conditions which existed before the construction.
14. This exemption shall apply only to a maximum of
2 crossings on a given total land area of property with a minimum
distance of 500 feet between crossings.
15. This exemption shall not apply to activities
involving relocation or other alteration of all or part of the
artificial waterway, or construction for other than the proposed
culvert crossing, except as exempted by Chapter 373, F.S., or this
section.
(g) Construction of freshwater fish attractors by
Florida Game and Fresh Water Fish Commission, U.S. Forest Service,
and county and municipal governments, provided that the material to
be used shall be clean concrete, rock, brush, logs, or trees, and
shall be free of soils, preservatives, oil, grease, debris, litter,
putrescible substances, "white goods," asphalt material, tires, or
other pollutants, and shall be firmly anchored to the bottom of the
waterbody. The size of an individual fish attractor shall not
exceed one quarter acre in area. The material shall be placed so
that the top of the fish attractor is at least three (3) feet below
the surface of the water at ordinary low water and shall be outside
any posted navigational channels. No fish attractor material shall
be placed on or in areas vegetated by native aquatic vegetation.
The site shall be marked with a buoy or buoys to ensure that no
material is deposited outside of the site.
(h) Installation of piling support structures associated
with water testing or monitoring equipment by the Department or the
Districts, provided that flow or navigation are not impeded.
(14) Surface Waters or Wetlands Created by Mosquito Control
Activities. Construction, alteration, operation, maintenance,
removal, and abandonment of stormwater management systems, dams,
impoundments, reservoirs, appurtenant works, or works, in, on, or


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

over lands that have become surface waters or wetlands solely
because of mosquito control activities undertaken as a part of a
governmental mosquito control program, and which lands were neither
wetlands nor other surface water before such activities, shall be
exempt from the provisions in this Chapter adopted by the District
to implement subsections 373.414(1) through (6); 373.414(7)
regarding any authority granted pursuant to section 373.414, F.S.
(1991); 373.414(8) and 373.414(10), F.S.
(15) Exemptions for Treatment or Disposal Systems.
(a) Alteration and maintenance of the following shall be
exempt from the provisions in Chapter 40D-4, F.A.C., implementing
subsections 373.414(1) through 373.414(6), 373.414(8), and
373.414(10), F.S.; and subsection 373.414(7), F.S., regarding any
authority to apply state water quality standards within any works,
impoundments, reservoirs, and other watercourses described in this
subsection and any authority granted pursuant to section 373.414,
F.S. (1991):
1. Works, impoundments, reservoirs, and other
watercourses constructed and operated solely for wastewater
treatment or disposal in accordance with a valid permit reviewed or
issued under sections 17-28.700, 17-302.520 or Chapters 17-17, 17-
600, 17-610, 17-640, 17-650, 17-660, 17-670, 17-671, 17-673,
17-701, F.A.C., or section 403.0885, F.S., or rules implementing
section 403.0885, F.S., except for treatment wetlands or receiving
wetlands permitted to receive wastewater pursuant to 17-611,
F.A.C., or section 403.0885, F.S. or its implementing rules;
2. Works, impoundments, reservoirs, and other
watercourses constructed solely for wastewater treatment or
disposal before a construction permit was required under chapter
403, F.S., and operated solely for wastewater treatment or disposal
in accordance with a valid permit reviewed or issued under sections
17-28.700, 17-302.520, or chapters 17-17, 17-600, 17-610, 17-640,
17-650, 17-660, 17-670, 17-671, 17-673, or 17-701, F.A.C.,; or
section 403.0885, F.S., or rules implementing section 403.0885,
F.S., except for treatment wetlands or receiving wetlands permitted
to receive wastewater pursuant to Chapter 17-611, F.A.C., or
section 403.0885, F.S. or its implementing rules;
3. Works, impoundments, reservoirs, and other
watercourses of less than 0.5 acres in combined area on a project-
wide basis, constructed and operated solely for stormwater


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

treatment in accordance with a noticed exemption under Chapter 17-
25, F.A.C., or a valid permit issued under Chapters 17-25
(excluding Rule 17-25.042), 17-330, 40D-4, F.A.C., except those
permitted as wetland stormwater treatment systems.
4. Works, impoundments, reservoirs, and other
watercourses of less than 0.5 acres in combined area on a project-
wide basis, constructed and operated solely for stormwater
treatment before a permit being required under Chapters 17-25,
40D-4, F.A.C.
(b) Alteration and maintenance of the following shall be
exempt from the provisions in Chapter 40D-4, F.A.C., adopted to
implement subsections 373.414(1), 373.414(2)(a), 373.414(8), and
373.414(10), F.S.; and subsections 373.414(3) through 373.414(6),
F.S.; and subsection 373.414(7), F.S., regarding any authority to
apply state water quality standards within any works, impoundments,
reservoirs, and other watercourses described in this subsection and
any authority granted pursuant to 373.414, F.S. (1991), except for
authority to protect threatened and endangered species in isolated
wetlands:
1. Works, impoundments, reservoirs, and other
watercourses of 0.5 acre or greater in combined area on a project-
wide basis, constructed and operated solely for stormwater
treatment in accordance with a noticed exemption under Chapter 17-
25, F.A.C., or a valid permit issued under Chapters 17-25
(excluding Rule 17-25.042), 17-330, 40D-4, F.A.C., except those
permitted as wetland stormwater treatment systems.
2. Works, impoundments, reservoirs, and other
watercourses of 0.5 acres or greater in combined area on a project-
wide basis, constructed and operated solely for stormwater
treatment before a permit was required under Chapters 17-25, 40D-4,
F.A.C.
(c) The exemptions in paragraphs and (a) and (b) above
shall not apply to works, impoundments, reservoirs or other
watercourses that are:
1. currently wetlands which existed before
construction of the stormwater treatment system and were
incorporated in it;
2. being altered through expansion into wetlands
or other surface waters; or


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

3. wetlands created, enhanced or restored as
mitigation for wetland or surface water impacts under a permit
issued by the Department or the District.
(d) Alterations and maintenance of works, impoundments,
reservoirs and other watercourses exempt under this subsection
shall not be considered in determining whether the wetland
permitting thresholds in Chapters 40D-4 or 40D-40, F.A.C., are met
or exceeded.
(e) Works, impoundments, reservoirs and other
watercourses exempt under this subsection, other than isolated
wetlands in systems described in paragraph (b) above, shall not be
delineated under Section 373.421, F.S.
(f) This exemption shall not affect the application of
state water quality standards, including those applicable to
Outstanding Florida Waters, at the point of discharge to waters as
defined in subsection 403.031(13), F.S.
(g) As used in this subsection, "solely for" means the
reason for which a work, impoundment, reservoir, or other
watercourse is constructed and operated, and such construction and
operation would not have occurred but for the purposes identified
in paragraphs (a) and (b) above. Furthermore, the phrase does not
refer to a work, impoundment, reservoir, or other watercourse
constructed or operated for multiple purposes. Uses, such as
occasional recreational uses, will not render the exemption
inapplicable, so long as the incidental uses are not part of the
original planned purpose of the work, impoundment, reservoir or
other watercourse. However, for those works, impoundments,
reservoirs, or other watercourses described in subparagraphs (a)3.
and (b)l., use of the system for flood attenuation, whether
originally planned or unplanned, shall be considered an incidental
use so long as the works, impoundments, reservoirs, and other
watercourses are no more than two acres larger than the minimum
area required to comply with the applicable stormwater treatment
requirements of Chapters 17-25, 17-330, 40D-4, F.A.C. For the
purposes of this subsection, reuse from a work, impoundment,
reservoir, or other watercourse is part of treatment or disposal.
(16) The performance of activities pursuant to the provisions
of the exemptions described above does not relieve the person or
persons who are using the exemption or who are constructing or


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

otherwise implementing the activity from meeting the permitting or
performance requirements of other District rules.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.414(9)
FS. Law Implemented 373.406, 373.413, 373.414(9) FS. History -
Readopted 10-5-74, Formerly 16J-4.05, Amended 10-1-84, 10-1-86,
3-1-88, 1-24-90, 10-3-95.

40D-4.052 Request for Exemption.
(Reserved)

40D-4.053 Conditions for Exemption.
(1) The exemption for phosphate mining and related activities
provided in Rule 40D-4.051(8) is subject to the following
conditions:
(a) The operator shall certify to the District prior to
mining, with existing mines certifying by January 1, 1987, and
provide sufficient information to demonstrate that all facilities
are and will be designed, constructed and operated to avoid damage
to off site property or the public caused by:
1. floodplain development, encroachment or other
alteration,
2. retardance, acceleration or diversion of
flowing water,
3. reduction of natural water storage areas,
4. excessive discharge or facility failure, or
5. other activities adversely impacting off site
water flows or levels.
(b) The operator shall submit to the District a copy of
each Annual Report submitted to the Department of Natural Resources
(DNR) in accordance with Rule 16C-16.091.
(c) The operator shall submit to the District a copy of
each application to the DER for a dredge and fill permit concurrent
with its submittal to DER, and fulfill the requirements of Rule
40D-4.053(1)(a) specific to the dredge and fill project prior to
issuance by the DER of its proposed agency action.
(d) An existing permitted point of discharge shall not
exceed the volume and frequency designated by its DER discharge
permit unless a lesser discharge is calculated in accordance with


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

Rule 40D-4.301(2) and submitted to the District to be the maximum
allowable discharge.
(e) A new point of discharge shall be designed to the
standards of Rule 40D-4.301(2) so that the volume and frequency of
discharge specified in its DER discharge permit is equivalent to
maximum allowable discharge, which is not to be exceeded.
(f) Natural drainage from off site up gradient areas
shall not be interrupted so as to cause damage to off site property
or the public, and natural drainage patterns on undisturbed lands
shall be maintained to the maximum extent achievable without
adversely altering the time, stage, volume and point or manner of
discharge or dispersion.
(2) The exemption for phosphate mine reclamation and
restoration provided in Rule 40D-4.051(9) is subject to the
following conditions:
(a) The operator shall certify to the District,
beginning with the first annual or biannual Department of Natural
Resources (DNR) reclamation plan required to be filed after January
1, 1987, and provide sufficient information to demonstrate that
each reclamation and restoration program is designed, and will be
constructed and operated to avoid damage to off site property or
the public caused by:
1. floodplain development, encroachment or other
alteration,
2. retardance, acceleration or diversion of
flowing water,
3. reduction of natural water storage areas,
4. excessive discharge or facility failure, or
5. other actions adversely impacting off site
water flows or levels.
(b) The operator shall submit to the District a copy of
its approved or pending Conceptual Reclamation Plans or any
amendments thereto, under Rule 16C-16.041.
(c) The operator shall submit to the District a copy of
its annual or biannual application to the DNR for approval of a
reclamation and restoration program required by Rule 16C-16.032,
and fulfill the requirements of Rule 40D-4.053(2) (a) specific to
the program under consideration prior to issuance by the DNR of its
proposed agency action.


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

Specific Authority 373.044, 373.113, 373.149, 373.171, FS. Law
Implemented 373.406, 373.413, FS. History New 10-1-86.

40D-4.054 Alteration of Exempt Projects.
A permit may be required for alteration of a previously exempt
surface water management system.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.406,
373.413 FS. History New 10-1-84.

40D-4.091 Publications and Agreements Incorporated by
Reference.
The following documents are hereby incorporated into this
chapter and Chapters 40D-40 and 40D-400, F.A.C.:
(1) "Basis of Review for Environmental Resource Permit
Applications within the Southwest Florida Water Management
District, April 17, 1997." This document is available from the
District upon request.
(2) Operating Agreement Concerning Regulation Under Part IV,
Chapter 373, F.S. Between Southwest Florida Water Management
District and Department of Environmental Protection, dated
September 27, 1994. This document is available from the District
upon request.
(3) Chapter 62-344, Florida Administrative Code, Delegation
of Environmental Resource Program to Local Governments.

Specific Authority 120.54(8), 373.044, 373.046, 373.113, 373.171,
373.414 FS. Laws Implemented 120.54(8), 373.046, 373.103(8),
373.114, 373.403, 373.413, 373.414, 373.416, 373.429, 373.441 FS.
History New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-
16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97.

40D-4.101 Content of Application.
(1) Applications for Environmental Resource Permits required
by this chapter shall be filed with the District in accordance with
the requirements of this chapter and Chapter 40D-1, F.A.C. The
application shall consist of:
(a) The information required in subsection 373.413(2),


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

(b) Five copies of the application form identified in
Chapter 40D-1, F.A.C. with applicable supplements;
(c). Five copies of drawings, calculations, environmental
and construction information, and engineering details sufficient to
define the nature, scope, intent and functioning of the work
proposed;
(d) The appropriate fee as specified in Chapter 40D-1,
F.A.C.; and
(e) Such other information as is reasonably necessary to
determine that the surface water management system meets the
conditions of this chapter.
(2) The application must be signed by the owner or the
owner's authorized agent. Applications signed by an agent must
contain a letter of authorization which is signed by the owner.
(3) A complete application for an individual environmental
resource permit shall also constitute an application for
certification of compliance with state water quality standards
where necessary pursuant to Section 401, Public Law 92-500, 33 USC
Section 1341. Issuance of the permit shall constitute
certification of compliance with water quality standards unless the
permit is issued pursuant to the net improvement provision of
section 373.414(1)(b), F.S. or the permit specifically states
otherwise.
(4) If the permit application involves activities located in,
on, or over wetlands or other surface waters, then, within three
business days of receipt of the application, the District shall
forward a copy to the appropriate office of the U.S. Army Corps of
Engineers unless specifically authorized by the Corps to do
otherwise.
(5) If the application involves activities located in, on, or
over wetlands or other surface waters the District shall forward a
copy of the notice of application to and request comments from:
(a) the Florida Game and Fresh Water Fish Commission;
(b) the Florida Department of State, Division of
Historical Resources;
(c) any person who has requested a copy of the specific
application that is under review; and
(d) the Department of Environmental Protection, if the
proposed activities have a potential to impact marine listed
species.


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law
Implemented 373.042, 373.413 FS. History Readopted 10-5-74,
Amended 12-31-74, 6-7-78, Formerly 16J-4.06(1), (2), Amended 10-1-
84, 3-1-88, 10-3-95, 10-16-96.

40D-4.111 Notice of Application Form.

Specific Authority 373.044, 373.133, 373.149, 373.171 FS. Law
Implemented 373.413, 373.416, 373.426 FS. History Readopted 10-5-
74, Amended 10-24-76, Formerly 16J-4.071, Repealed 10-1-84.

40D-4.121 Notice and Hearing Requirements.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law
Implemented 373.413, 373.416, 373.426 FS. History Readopted 10-5-
74, Formerly 16J-4.072, 16J-4.074, Amended 10-21-80, Repealed 10-1-
84.

40D-4.131 Times for Receiving Objections and for Hearing.

Specific Authority 373.044, 373.133, 373.149, 373.171 FS. Law
Implemented 373.413, 373.416, 373.426 FS. History Readopted 10-5-
74, Formerly 16J-4.073, Amended 10-21-80, Repealed 10-1-84.

40D-4.201 Permit Processing Fee.
A permit processing fee shall be paid to the District at the
time a permit application is filed in the amount prescribed in the
schedule set forth in Chapter 40D-1, F.A.C.

Specific Authority 373.044, 373.133, 373.149, 373.171 FS. Law
Implemented 373.109 FS. History Readopted 10-5-74, Formerly 16J-
4.061, Amended 10-3-95.

40D-4.301 Conditions for Issuance of Permits.
(1) In order to obtain a standard general, individual, or
conceptual permit under this chapter or Chapter 40D-40, F.A.C., an
applicant must provide reasonable assurance that the construction,
alteration, operation, maintenance, removal or abandonment of a
surface water management system:


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APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

(a) will not cause adverse water quantity impacts to
receiving waters and adjacent lands;
(b) will not cause adverse flooding to on-site or off-
site property;
(c) will not cause adverse impacts to existing surface
water storage and conveyance capabilities;
(d) will not adversely impact the value of functions
provided to fish and wildlife, and listed species including aquatic
and wetland dependent species, by wetlands, other surface waters
and other water related resources of the District;
(e) will not adversely affect the quality of receiving
waters such that the water quality standards set forth in chapters
62-3, 62-4, 62-302, 62-520, 62-522 and 62-550, F.A.C., including
any antidegradation provisions of sections 62-4.242 (1) (a) and (b),
62-4.242(2) and (3), and 62-302.300, F.A.C., and any special
standards for Outstanding Florida Waters and Outstanding National
Resource Waters set forth in sections 62-4.242(2) and (3), F.A.C.,
will be violated;
(f) will not cause adverse secondary impacts to the
water resources;
(g) will not adversely impact the maintenance of surface
or ground water levels or surface water flows established pursuant
to Chapter 373.042, F.S.;
(h) will not cause adverse impacts to a work of the
District established pursuant to Section 373.086, F.S.;
(i) is capable, based on generally accepted engineering
and scientific principles, of being effectively performed and of
functioning as proposed;
(j) will be conducted by an entity with financial, legal
and administrative capability of ensuring that the activity will be
undertaken in accordance with the terms and conditions of the
permit, if issued; and
(k) will comply with any applicable special basin or
geographic area criteria established pursuant to this chapter.
(2) If the applicant is unable to meet water quality
standards because existing ambient water quality does not meet
standards, the applicant shall comply with the requirements set
forth in Section 3.2.4.5 of the Basis of Review.
(3) The standards and criteria contained in the Basis of
Review for Environmental Resource Permit Applications shall


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

determine whether the reasonable assurances required by subsection
40D-4.301(1) and Section 40D-4.302, F.A.C., have been provided.
(4) An activity which requires both an environmental resource
permit, or a permit under Subsections 373.414(11) (16), F.S. and
a proprietary authorization under Chapters 253 or 258, F.S., shall
be subject to the requirements and procedures in Section 373.427,
F.S., Chapters 18-20 and 18-21, F.A.C., and Rules 62-312.065 and
62-343.075, F.A.C.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law
Implemented 373.042, 373.403, 373.413, 373.416, 373.426, 373.427
FS. History Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly
16J-4.06(3), (4), (5), (6), (8), Amended 10-1-84, 6-2-85, 4-2-87,
3-1-88, 10-3-95, 10-16-96.

40D-4.302 Additional Conditions for Issuance of Permits
(1) In addition to the conditions set forth in Section
40D-4.301, F.A.C., in order to obtain a standard general,
individual, or conceptual permit under this chapter an applicant
must provide reasonable assurance that the construction,
alteration, operation, maintenance, removal, and abandonment of a
system:
(a) Located in, on, or over wetlands or other surface
waters as delineated pursuant to the methodology authorized by
subsection 373.421(1), F.S., will not be contrary to the public
interest, or if such an activity significantly degrades or is
within an Outstanding Florida Water, that the activity will be
clearly in the public interest, as determined by balancing the
following criteria:
1. whether the activity will adversely affect the
public health, safety, or welfare or the property of others;
2. whether the activity will adversely affect the
conservation of fish and wildlife, including endangered or
threatened species, or their habitats;
3. whether the activity will adversely affect
navigation or the flow of water or cause harmful erosion or
shoaling;
4. whether the activity will adversely affect the
fishing or recreational values or marine productivity in the
vicinity of the activity;


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

5. whether the activity will be of a temporary or
permanent nature;
6. whether the activity will adversely affect or
will enhance significant historical and archaeological resources
under the provisions of Section 267.061, F.S.; and
7. the current condition and relative value of
functions being performed by areas affected by the proposed
activity.
(b) Will not cause unacceptable cumulative impacts upon
wetlands and other surface waters, as delineated pursuant to the
methodology authorized by subsection 373.421(1), F.S.
(c) Located in, adjacent to or in close proximity to
Class II waters or located in Class II waters or Class III waters
classified by the Department as approved, restricted or
conditionally restricted for shellfish harvesting pursuant to
Chapter 16R-7, F.A.C., will comply with the additional criteria in
subsection 3.2.5 of the Basis of Review for Environmental Resource
Permit Applications adopted by reference in Section 40D-4.091,
F.A.C.
(d) Which constitute vertical seawalls in estuaries or
lagoons, will comply with the additional criteria provided in
subsection 3.2.6 of the Basis of Review for Environmental Resource
Permit Applications.
(2) The District shall take into consideration a permit
applicant's violation of any Department rules adopted pursuant to
Sections 403.91 403.929, F.S. (1984 Supp.), as amended, which the
District had the responsibility to enforce pursuant to delegation
or any District rules adopted pursuant to Part IV, Chapter 373,
F.S., relating to any other project or activity and efforts taken
by the applicant to resolve these violations, when determining
whether the applicant has provided reasonable assurance that
District permitting standards will be met.

Specific Authority 373.016, 373.044, 373.113, 373.171 FS. Law
Implemented 373.016, 373.042, 373.409, 373.413, 373.414, 373.416,
373.426 FS. History New 10-3-95.

40D-4.311 Variances.
(1) Upon application, following the procedures in Chapter
40D-1, F.A.C., the Governing Board may grant a variance from the


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APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

provisions of Section 373.414, F.S., and Rules 40D-4.301 and 40D-
4.302, F.A.C., for the following reasons:
(a) There is no practicable means known or available for
the adequate control of the pollution involved.
(b) Compliance with the particular requirement or
requirements from which a variance is sought will necessitate the
taking of measures which, because of their extent or cost, must be
spread over a considerable period of time. A variance granted for
this reason shall prescribe a timetable for the taking of the
measures required.
(c) To relieve or prevent hardship of a kind other than
those provided for in paragraphs (a) and (b) above. Variance and
renewals thereof granted under this paragraph (1) (c) shall each be
limited to a period of 24 months.
(2) In addition to the demonstration of the existence of one
of the circumstances provided for in paragraphs (1)(a)-(c) above,
the applicant must demonstrate that the hardship is peculiar to the
affected property and not self imposed and that the grant of a
variance will be consistent with the general intent and purpose of m
this chapter.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented
373.414(17), 403.201 FS. History New 10-3-95.

40D-4.321 Duration of Permits.
(1) Unless revoked or otherwise modified, the duration of an
Environmental Resource Permit issued pursuant to this chapter is:
(a) two years from the date of issuance, for a
conceptual permit, unless within that period an application for a
construction permit is filed for any portion of the project. If
the application for a construction permit is approved and
construction is commenced according to Rule 40D-4.321, F.A.C., then
the conceptual permit is valid so long as the conceptually
permitted phases are under construction consistent with a phased
development master plan for a surface water management system that
has been permitted by the District. If construction of the
permitted phases is discontinued or is inconsistent with the phased
development master plan then the conceptual permit shall expire.
(b) five years from the date of issuance for a
construction permit, including a mitigation bank construction

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APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

permit, to the completion of construction and submittal of the
Statement of Completion and Request for Transfer to Operation
Entity and supporting as-built documents, as required pursuant to
this Chapter. If at the end of five years construction is ongoing
in compliance with the permit requirements, the construction permit
duration will automatically be continued for up to six months,
provided within the continued duration all construction of the
system shall be completed and statement of completion documents
shall be submitted to the District.
(c) perpetual from the date of issuance for an operation
permit issued under Chapter 373, Florida Statutes.
(d) five years from the date of issuance for a
conceptual permit for a mitigation bank.
(e) five years from the date of issuance for a site
conditions assessment permit.
(2) Conceptual permits expire automatically at the end of
their duration unless modified pursuant to Section 40D-4.331,
F.A.C.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.413,
373.416 FS. History New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-
96.

40D-4.331 Modification of Permits.
An application for modification of an environmental resource
permit shall be processed in accordance with this rule, unless the
permit is revoked, suspended or expired.
(1) Applications to modify a conceptual permit shall be made
and reviewed:
(a) for an alteration of the design of the surface water
management system, in accordance with the same criteria as new
applications pursuant to Rules 40D-4.101, 40D-4.301, and 40D-4.302,
F.A.C.;
(b) for construction authorization of a project phase,
in accordance with Chapter 40D-40, F.A.C., if the project phase
satisfies the requirements of Rules 40D-40.112 and 40D-40.302,
F.A.C.; or
(c) for construction authorization of a project phase
which does not satisfy the requirements of paragraph (b), in the


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

manner of an individual permit and using the criteria applicable to
the conceptual permit; or
(d) in accordance with subsection (2) (b) or (3) below.
(2) Applications to modify a construction permit shall be
made:
(a) by formal application and review using the same
criteria as new applications, pursuant to Rules 40D-4.101, 40D-
4.301, and 40D-4.302, F.A.C., or
(b) by letter, provided the requested modification does
not:
1. substantially alter the permit authorization,
2. increase the authorized off site discharge,
3. impact the environmental features of the
project,
4. decrease the required retention/detention,
5. decrease the required flood control elevations
for roads or buildings,
6. decrease pollution removal efficiency, or
7. renew or extend the existing permit duration.
(3) Applications for modification of a site conditions
assessment permit shall be made by formal application and reviewed
using the same criteria as new applications:
(a) for contiguous expansion or other adjustment of the
project area,
(b) for additional permitted conditions,
(c) for any renewal or extension of a current permit, or
(d) for conversion to a Chapter 40D-4 or 40D-40, F.A.C.,
construction permit application, except that the permitted site
conditions shall remain as permitted.
(4) Application for permit modification to renew or extend
the existing permit duration shall occur by formal application and
review, and such requests shall be submitted no sooner than 180
days prior to the permit expiration date.
(a) A modification for construction permit renewal will
be granted if it is reasonably assured by the applicant and
determined that any completed construction is in compliance with a
currently valid permit, and the proposed construction will be in
compliance with the District's rules in effect at the time the
application for modification to renew is filed.



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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

(b) Applications for conceptual permit renewal and site
conditions assessment permit renewal or extension must comply with
the same criteria as new applications.
(c) Each modification to renew or extend can be granted
for a duration as needed, up to five years for construction permits
and site conditions assessment permits, and up to two years for
conceptual permits.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law
Implemented 373.413, 373.416(1), 373.429, 403.805 FS. History -
Readopted 10-5-74, Formerly 16J-4.13, Amended 10-1-84, 3-1-88,
10-1-88, 6-29-93, 10-3-95, 7-23-96.

40D-4.341 Revocation of Permits.
(1) The Board may revoke a permit at any time if it
determines that a dam, impoundment, appurtenant work, or works has
become a danger to the public health or safety or if its operation
has become inconsistent with the objectives of the District or is
in violation of any rule or order of the District, or the
conditions of the permit.
(2) Revocation proceedings shall be conducted in accordance
with the provisions of Section 373.429, Florida Statutes, and
Chapter 40D-1.

Specific Authority 373.016, 373.044, 373.113, 373.149, 373.171, FS.
Law Implemented 373.429, 373.430(1) FS. History Readopted 10-5-
74. Amended 10-1-84. Previously numbered 16J-4.13.

40D-4.351 Transfer of Permits.
(1) Transfer of Ownership
(a) A permitted shall notify the District within 30 days
of any sale, conveyance or any other transfer for a permitted
surface water management system or the real property at which the
system is located.
(b) The District will transfer the surface water
management operation and maintenance permit provided the land use
remains the same.
(c) The permitted transferring the permit shall continue
to remain liable for any corrective actions that may be required as


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

a result of any permit violations prior to such sale, conveyance or
other transfer.
(2) Conversion to Operation Phase
(a) In order to convert an environmental resource permit
from the construction phase to the operational phase, the permitted
shall submit the following:
1. The Statement of Completion and Request for
Transfer to Operation Entity form identified in Chapter 40D-1,
F.A.C.; and
2. Documentary evidence of satisfaction of permit
conditions, other than long-term monitoring.
(b) A conversion to the operational phase shall not
occur until a responsible entity meeting the requirements in the
"Basis of Review for Environmental Resource Permit Applications
with the Southwest Florida Water Management District October 3,
1995" has been established to operate and maintain the system. The
entity must be provided with sufficient ownership, legal or
equitable interest so that it has control over all water management
facilities authorized by the permit.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.413,
373.416(2), 403.805, F.S. History New 10-1-84. Amended 6-29-93,
and 10-3-95.

40D-4.381 General Conditions.
(1) The following general conditions shall be a part of all
permits issued pursuant to this chapter and chapter 40D-40, F.A.C.,
unless waived or modified by the Board upon a determination that
the conditions are inapplicable to the activity authorized by the
permit.
(a) All activities shall be implemented as set forth in
the plans, specifications and performance criteria as approved by
this permit. Any deviation from the permitted activity and the
conditions for undertaking. that activity shall constitute a
violation of this permit.
(b) This permit or a copy thereof, complete with all
conditions, attachments, exhibits, and modifications, shall be kept
at the work site of the permitted activity. The complete permit
shall be available for review at the work site upon request by
District staff. The permitted shall require the contractor to


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

review the complete permit prior to commencement of the activity
authorized by this permit.
(c) Activities approved by this permit shall be
conducted in a manner which does not cause violations of state
water quality standards. The permitted shall implement best
management practices for erosion and a pollution control to prevent
violation of state water quality standards. Temporary erosion
control shall be implemented prior to and during construction, and
permanent control measures shall be completed within 7 days of any
construction activity. Turbidity barriers shall be installed and
maintained at all locations where the possibility of transferring
suspended solids into the receiving waterbody exists due to the
permitted work. Turbidity barriers shall remain in place at all
locations until construction is completed and soils are stabilized
and vegetation has been established. Thereafter the permitted
shall be responsible for the removal of the barriers. The
permitted shall correct any erosion or shoaling that causes adverse
impacts to the water resources.
(d) Water quality data for the water discharged from the
permitted's property or into the surface waters of the state shall
be submitted to the District as required by the permit. Analyses
shall be performed according to procedures outlined in the current
edition of Standard Methods for the Examination of Water and
Wastewater by the American Public Health Association or Methods for
Chemical Analyses of Water and Wastes by the U.S. Environmental
Protection Agency. If water quality data are required, the
permitted shall provide data as required on volumes of water
discharged, including total volume discharged during the days of
sampling and total monthly volume discharged from the property or
into surface waters of the state.
(e) District staff must be notified in advance of any
proposed construction dewatering. If the dewatering activity is
likely to result in offsite discharge or sediment transport into
wetlands or surface waters, a written dewatering plan must either
have been submitted and approved with the permit application or
submitted to the district as a permit prior to the dewatering event
as a permit modification. A water use permit may be required prior
to any use exceeding the thresholds in Chapter 40D-2, F.A.C.
(f) Stabilization measures shall be initiated for
erosion and sediment control on disturbed areas as soon as


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

practicable in portions of the site where construction activities
have temporarily or permanently ceased, but in no case more than 7
days after the construction activity in that portion of the site
has temporarily or permanently ceased.
(g) Off site discharges during construction and
development shall be made only through the facilities authorized by
this permit. Water discharged from the project shall be through
structures having a mechanism suitable for regulating upstream
stages. Stages may be subject to operating schedules satisfactory
to the District.
(h) The permitted shall complete construction of all
aspects of the surface water management system, including wetland
compensation (grading, mulching, planting), water quality treatment
features, and discharge control facilities prior to beneficial
occupancy or use of the development being served by this system.
(i) The following shall be properly abandoned and/or
removed in accordance with the applicable regulations:
1. Any existing wells in the path of construction
shall be properly plugged and abandoned by a licensed well
contractor.
2. Any existing septic tanks on site shall be
abandoned at the beginning of construction.
3. Any existing fuel storage tanks and fuel pumps
shall be removed at the beginning of construction.
(j) All surface water management systems shall be
operated to conserve water in order to maintain environmental
quality and resource protection; to increase the efficiency of
transport, application and use; to decrease waste; to minimize
unnatural runoff from the property and to minimize dewatering of
offsite property.
(k) At least 48 hours prior to commencement of activity
authorized by this permit, the permitted shall submit to the
District a written notification of commencement indicating the
actual start date and the expected completion date.
(1) Each phase or independent portion of the permitted
system must be completed in accordance with the permitted plans and
permit conditions prior to the occupation of the site or operation
of site infrastructure located within the area served by that
portion or phase of the system. Each phase or independent portion
of the system must be completed in accordance with the permitted


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

plans and permit conditions prior to transfer of responsibility for
operation and maintenance of that phase or portion of the system to
a local government or other responsible entity.
(m) Within 30 days after completion of construction of
the permitted activity, the permitted shall submit a written
statement of completion and certification by a registered
professional engineer or other appropriate individual as authorized
by law, utilizing the required Statement of Completion and Request
for Transfer to Operation Entity form identified in Chapter 40D-1,
F.A.C. Additionally, if deviation from the approved drawings are
discovered during the certification process the certification must
be accompanied by a copy of the approved permit drawings with
deviations noted.
(n) This permit is valid only for the specific
processes, operations and designs indicated on the approved
drawings or exhibits submitted in support of the permit
application. Any substantial deviation from the approved drawings,
exhibits, specifications or permit conditions, including
construction within the total land area but outside the approved
project areass, may constitute grounds for revocation or
enforcement action by the District, unless a modification has been
applied for and approved. Examples of substantial deviations
include excavation of ponds, ditches or sump areas deeper than
shown on the approved plans.
(o) The operation phase of this permit shall not become
effective until the permitted has complied with the requirements of
the conditions herein, the District determines the system to be in
compliance with the permitted plans, and the entity approved by the
District accepts responsibility for operation and maintenance of
the system. The permit may not be transferred to the operation and
maintenance entity approved by the District until the operation
phase of the permit becomes effective. Following inspection and
approval of the permitted system by the District, the permitted
shall request transfer of the permit to the responsible operation
and maintenance entity approved by the District, if different from
the permitted. Until a transfer is approved by the District, the
permitted shall be liable for compliance with the terms of the
permit.
(p) Should any other regulatory agency require changes
to the permitted system, the District shall be notified of the


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

changes prior to implementation so that a determination can be made
whether a permit modification is required.
(q) This permit does not eliminate the necessity to
obtain any required federal, state, local and special district
authorizations including a determination of the proposed
activities' compliance with the applicable comprehensive plan prior
to the start of any activity approved by this permit.
(r) This permit does not convey to the permitted or
create in the permitted any property right, or any interest in real
property, nor does it authorize any entrance upon or activities on
property which is not owned or controlled by the permitted, or
convey any rights or privileges other than those specified in the
permit and Chapter 40D-4 or Chapter 40D-40, F.A.C.
(s) The permitted shall hold and save the District
harmless from any and all damages, claims, or liabilities which may
arise by reason of the activities authorized by the permit or any
use of the permitted system.
(t) Any delineation of the extent of a wetland or other
surface water submitted as part of the permit application,
including plans or other supporting documentation, shall not be
considered binding unless a specific condition of this permit or a
formal determination under section 373.421(2), F.S., provides
otherwise.
(u) The permitted shall notify the District in writing
within 30 days of any sale, conveyance, or other transfer of
ownership or control of the permitted system or the real property
at which the permitted system is located. All transfers of
ownership or transfers of a permit are subject to the requirements
of Rule 40D-4.351, F.A.C. The permitted transferring the permit
shall remain liable for any corrective actions that may be required
as a result of any permit violations prior to such sale, conveyance
or other transfer.
(v) Upon reasonable notice to the permitted, District
authorized staff with proper identification shall have permission
to enter, inspect, sample and test the system to insure conformity
with District rules, regulations and conditions of the permits.
(w) If historical or archaeological artifacts are
discovered at any time on the project site, the permitted shall
immediately notify the District and the Florida Department of
State, Division of Historical Resources.


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INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

(x) The permitted shall immediately notify the District
in writing of any previously submitted information that is later
discovered to be inaccurate.
(2) In addition to those general conditions set forth in
subsection (1), the Governing Board may impose on any permit
granted under this chapter and Chapters 40D-40 and 40D-45, F.A.C.,
such reasonable project-specific conditions as are necessary to
assure that the permitted system will be consistent with the
overall objectives of the District and will not be harmful to the
water resources of the District.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law
Implemented 373.042, 373.403, 373.409, 373.413, 373.414, 373.416,
373.426, FS. History Readopted 10-5-74, Amended 12-31-74, 6-7-
78, Formerly 16J-4.06(7), 16J-4.11, 16J-4.10(3), Amended 10-1-84,
3-1-88, 10-3-95, 10-16-96.

40D-4.401 Identification Tags.

Specific Authority 373.044, 373.133, 373.149, 373.171, FS. Law
Implemented 373.413, 373.416, 373.426, FS. History Readopted 10-
5-74. Previously numbered 16J-4.062. Repealed 10-1-84.

40D-4.411 Completion Report.

Specific Authority 373.044, 373.113, 373.149, 373.171, FS. Law
Implemented 373.419, FS. History Readopted 10-5-74. Previously
numbered 16J-4.08. Repealed 10-1-84.

40D-4.451 Emergency Authorization.
(1) Permission to begin construction of works prior to the
issuance of a permit may be applied for, in writing, when the
emergency conditions justify. However, no such permission shall be
granted unless the construction of the works is already under
consideration for a permit under Rule 40D-4.041. A serious set of
unforeseen or unforeseeable circumstances must exist to create an
emergency. Mere carelessness or lack of planning on the part of
the applicant shall not be sufficient grounds to warrant the
granting of emergency authorization.


4-41


~










INDIVIDUAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 4

(2) The Executive Director may grant emergency authorization
at his discretion. The emergency authorization shall be presented
to the Board for concurrence at its next meeting. The failure to
receive the Board's concurrence shall invalidate the emergency
authorization.

Specific Authority 373.044, 373.113, 373.149, 373.171, FS. Law
Implemented 373.413, FS. History Readopted 10-5-74, Amended 10-
24-76, 10-1-84. Previously numbered 16J-4.16.

40D-4.461 Inspection.
Inspection of permitted systems shall be conducted in
accordance with Section 373.423, Florida Statutes.

Specific Authority 373.044, 373.133, 373.149, 373.171, FS. Law
Implemented 373.423, FS. History Readopted 10-5-74. Amended 10-
1-84. Previously numbered 16J-4.09.

40D-4.471 Abatement and Abandonment of a System.
(1) Abatement proceedings shall be conducted in accordance
with Section 373.433, Florida Statutes.
(2) Abandonment proceedings shall be conducted in accordance
with Section 373.426, F.S.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law
Implemented 373.433, F.S. History Readopted 10-5-74. Amended
10-1-84, and 10-3-95. Previously numbered 16J-4.14.

40D-4.481 Remedial and Emergency Measures.
(1) Remedial measures shall be processed in accordance with
the provisions of Section 373.436, Florida Statutes.
(2) Emergency measures shall be employed in accordance with
the provisions of Section 373.439, Florida Statutes.

Specific Authority 373.044, 373.113, 373.149, 373.171, FS. Law
Implemented 373.436, 373.439, FS. History Readopted 10-5-74.
Amended 10-1-84. Previously numbered 16J-4.15, 16J-4.17.


4-42







Southwest Florida Water Management District


CHAPTER 40D-40, F.A.C.


ENVIRONMENTAL RESOURCE PERMITTING
INFORMATION MANUAL


R I


LA ~


MANAGEMENT AND STORAGE OF SURFACE WATERS


APRIL 1997








II. Chapter 40D-40, F.A.C., Standard General Environmental Resource Permits

This rule sets forth the requirements for standard general environmental resource permits.
Standard general permits differ from individual permits in that they can be directly approved
or denied by District staff, and the evaluation time is 60 days rather than 90 days. The
applicable, specific design criteria set forth in this manual must be in compliance.

Standard general permits for minor systems provide a means to address stormwater run-off
and other resource matters, primarily for smaller projects. To apply for this type permit, the
project must be under 10 acres in size, have less than 2 acres impervious on site, dredge or
fill less than 100 square feet in wetlands, and otherwise meet the conditions for permit
issuance.

Other Standard General permits can be issued for projects 10 to 100 acres in size that meet
the rule requirements. To qualify for a standard general permit, the project design must
address the conditions for permit issuance and comply with the design criteria set forth in
this manual. Typically, projects/systems must have the following characteristics:

1. The project area, except for public highway projects, must be less than 100
acres in size.
2. Any construction in, on or over wetlands or waters shall be one acre or less.
3. The system must not include more than nine proposed boat slips.
4. Public highway projects can be any size, but must otherwise meet the
conditions for issuance.
5. An individual phase of a project must be less than 100 acres in size and in
conformance with an approved Conceptual permit.

The application forms, fee schedule, and other directions and information needed to apply
for a standard general environmental resource permit under this chapter are included within
this Information Manual. Required information such as the name and address of the
proposed operation entity, the construction drawings for the project grading and drainage,
with supporting design calculations, and other appropriate documents must be submitted to
the District. The application will be reviewed by District staff, using procedures similar to
an individual permit application, to evaluate whether the project can be built and operated
in compliance with the applicable rules.










RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-40
STANDARD GENERAL ENVIRONMENTAL RESOURCE PERMITS


40D-40. 011
40D-40.021
40D-40.031
40D-40.040
40D-40.041


40D-40.042


40D-40.043

40D-40.044

40D-40.111
40D-40.112

40D-40.141
40D-40.301

40D-40.302

40D-40.321
40D-40.331
40D-40.341
40D-40.351
40D-40.381


Policy and Purpose
Definitions
Implementation, Effective Date and Applicability
Standard General Environmental Resource Permits
Noticed General Permit for Construction, Alteration
or Operation of Surface Water Management Systems
(Repealed)
General Permit for Construction, Alteration or
Operation of Surface Water Management Systems
(Repealed)
List of Entities to Which Permitting Pursuant to
this Chapter has been Delegated
Standard General Permit for Site Conditions
Assessment
Requests for Noticed General Permits (Repealed)
Content of Application for Standard General
Permits
Request for Additional Information (Repealed)
Conditions for Issuance of Standard General Permit
for Minor Surface Water Management Systems
Conditions for Issuance of Standard General
Permits
Duration of Permits
Modification of Permits
Revocation of Permits
Transfer of Permits
General Conditions


40D-40.011 Policy and Purpose.
The rules in this chapter grant standard general environmental
resource permits for certain specified surface water management
systems which have been determined to be not harmful to the water
resources of the District and to be not inconsistent with the
objectives of the District. The purpose of this chapter is to set
forth the requirements for qualifying for a standard general permit
and the conditions under which they may be exercised. Non-exempt
surface water management systems which do not quality for a noticed
general environmental resource permit pursuant to Chapter 40D-400,
F.A.C., or a standard general permit under this chapter are
required to obtain individual permits. The District reserves the


40-1










STANDARD GENERAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40

right to require an individual permit for any surface water
management system which: does not comply with the provisions of
this chapter; may be harmful to the water resources of the
District; or is inconsistent with the overall objectives of the
District.

Specific Authority 373.044, 373.113, 373.118, F.S. Law
Implemented 373.103(1), 373.413(1), 373.416, 373.419, 373.429, F.S.
History -New 10-1-84. Amended 3-1-88, and 10-3-95.

40D-40.021 Definitions.
As used in this chapter:
(1) "Public highway project" means a road and associated
facilities located within a right of way dedicated to the public
for highway purposes, which are constructed, altered, operated,
maintained or funded by the United States, the State of Florida, a
county, or municipality.
(2) The terms have the same meaning as defined in Rule 40D-
4.021.
Specific Authority 373.044, 373.113, 373.118, FS. Law Implemented
373.413, 373.416, 373.419, 403.031(3), FS. History -New 10-1-84.
Amended 3-1-88.

40D-40.031 Implementation, Effective Date and Applicability.
(1) This rule specifies the effective dates for the permit
program developed pursuant to Part IV, Chapter 373, F.S. are:
(2) If the surface water management system meets the
conditions of subsections 40D-40.302(1) through (4), the effective
date is October 1, 1984.
(3) Amendments to these rules adopted October 27, 1987,
including the Basis of Review, are effective March 1, 1988, and
apply to permit applications filed on or after March 1, 1988.

Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented
373.416, 373.414, 373.419, F.S. History New 10-1-84. Amended 3-
1-88, and 10-3-95.


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STANDARD GENERAL
APRIL 1997 -ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40

40D-40.040 Standard General Environmental Resource Permits.
(1) Three types of Standard General Environmental Resource
Permits are issued pursuant to this Chapter and Chapter 40D-4,
F.A.C. They are:
(a) Standard General Environmental Resource Permit for
Minor Surface Water Management Systems. The conditions for issuance
for this permit are contained within section 40D-40.301;
(b) Standard General Environmental Resource Permit for
Surface Water Management Systems. The conditions for issuance of
this permit are contained within section 40D-40.302; and
(c) Standard General Environmental Resource Permit for
Site Conditions Assessment. The conditions for issuance of this
permit are contained within section 40D-40.302.
(2) Standard General Environmental Resource Construction and
Operation Permits are required prior to the construction,
alteration, removal, maintenance, operation or abandonment of
certain surface water management systems.
(3) Site Conditions Assessment Permits are optional standard
general permits that are issued as the first phase of construction
permitting which identify and document the boundaries of certain
existing site conditions found within a project area. At a minimum,
all site conditions assessment permits shall evaluate, and identify
if present, the landward extent of wetlands and other surface
waters; the level and landward extent of the 100 year floodplain;
seasonal high water levels; and existing watershed delineations.
Additional site conditions boundaries may be requested by the
applicant and evaluated for permitting by the District. A site
conditions assessment permit does not authorize construction,
alteration, operation, or abandonment of a surface water management
system or establishment of a mitigation bank, but it can be
formally modified by the permitted to apply for either an
individual or a general construction and operation permit.
(4) An activity which requires both a standard general
environmental resource permit or a permit under Subsections
373.414(11) (16), F.S., and a proprietary authorization under
Chapter 253 or 258, F.S., shall be subject to the requirements and
procedures in Section 373.427, F.S., Chapters 18-20 and 18-21,
F.A.C., and Rules 62-312.065 and 62-343.075, F.A.C.
(5) Agency action shall be taken no later than 60 days after
a standard general site conditions assessment permit application is


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STANDARD GENERAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40

declared complete, unless waived by the applicant or stayed by the
filing of a petition for an administrative hearing.

Specific Authority 373.044, 373.113, 373.118, 373.421(2) FS. Law
Implemented 373.413, 373.414, 373.416, 373.419, 373.427 FS. History
New 10-3-95, Amended 7-23-96, 10-16-96.

40D-40.041 Noticed General Permit for Construction,
Alteration or Operation of Surface Water Management Systems.

Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented
120.60(2), 373.413, 373.416, F.S. History New
3-1-88. Amended 1-11-93. Repealed 10-3-95.

40D-40.042 General Permit for Construction, Alteration or
Operation of Surface Water Management Systems.

Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented
120.60(2), 373.413, 373.414, 373.416, 373.419, F.S. History New
10-1-84. Amended 3-1-88, and 1-11-93. Repealed 10-3-95.

40D-40.043 List of Entities to Which Permitting Pursuant to
This Chapter Has Been Delegated.
The Surface Water Delegation Agreement between the Southwest
Florida Water Management District and Pinellas County has expired.
There are currently no local governmental entities to which the
District has delegated responsibility to administer and enforce the
environmental resource permit provisions of this Chapter. Persons
within Pinellas County who wish to apply for a permit pursuant to
this Chapter should apply to the District, or the Department of
Environmental Protection as outlined in the Operating Agreement
between the Southwest Florida Water Management District and the
Department of Environmental Protection set forth in Chapter 40D-
4.091(2), F.A.C.

Specific Authority 373.044, 373.046, 373.113, 373.149, 373.171, FS.
Law Implemented 373.046 and 373.103(8), FS. History New 11-27-
89, Amended 3-1-90, 11-16-92, 6-30-96.


40-4










STANDARD GENERAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40

40D-40.044 Standard General Permit for Site Conditions
Assessment.
(1) This standard general permit identifies and documents the
boundaries of certain existing topographic and environmental site
conditions within the applicant's project area that are measurably
associated with waters, as described in the application.
(2) A site conditions assessment permit is binding with
respect to the permitted project area and constitutes final
District action. Any application for a construction and operation
permit that is received from a permitted within the duration of the
site condition assessment permit will be evaluated, with respect to
the existing conditions that were verified in the permit, according
to the applicable District rules in effect at the time the site
conditions assessment permit was issued. All other aspects of the
application for a construction and operation permit will be
evaluated based on the District's rules and permitting criteria in
effect at the time the application for a construction or operation
permit is complete.
(3) The site conditions assessment permit application
processing fee paid by the original permitted, excluding any fees
paid for modification of the permit, shall be credited toward a
subsequent construction and operation permit issued within the
project area during the duration of the site conditions assessment
permit. The fee shall be reimbursed after submittal of the project
Statement of Completion and as-built information by the original
permitted, and operation approval by the District.
(4) A site conditions assessment permit shall neither
authorize construction, alteration, operation or maintenance of any
surface water management system nor imply approval of any such
future activities in, on or over any wetlands or other surface
waters, or elsewhere.
(5) The technical and procedural aspects of site conditions
assessment permitting are described in the "Basis of Review for
Environmental Resource Permit Applications," specifically in
Appendix 7 thereof, adopted by reference in section 40D-4.091,
F.A.C.

Specific Authority 373.044, 373.113, 373.118, FS. Law Implemented
373.413, 373.414, 373.416, 373.419, FS. History New 7-23-96.


40-5










STANDARD GENERAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40

40D-40.111 Requests for Noticed General Permits.

Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented
373.413, 373.416, 373.419, F.S. History New 3-1-88. Repealed
10-3-95.

40D-40.112 Content of Application for Standard General
Permits.
(1) To apply for a standard general permit, including an
application for a standard general permit for minor surface water
management systems, the applicant shall file with the District the
Application form identified in Chapter 40D-1, F.A.C. and other
required documents, information and fees.
(2) The application shall consist of the requirements as
stated in Rule 40D-4.101, F.A.C.
(3) A complete application for a standard general permit for
construction and operation shall also constitute an application for
certification of compliance with state water quality standards
where necessary pursuant to Section 401, Public Law 92-500, 33
U.S.C. Section 1341. Issuance of the construction and operation
permit shall constitute certification of compliance with water
quality standards unless the permit is issued pursuant to the net
improvement provision of section 373.414(1) (b), F.S., or the permit
specifically states otherwise.
(4) If a standard general permit application involves
activities located in, on, or over wetlands or other surface
waters, as delineated by the methodology authorized in subsection
373.421(1), F.S., then, within three business days of receipt of
the application, the District shall forward a copy to the
appropriate office of the U.S. Army Corps of Engineers unless
specifically authorized by the Corps to do otherwise.
(5) If the application involves activities located in, on, or
over wetlands or other surface waters, as delineated by the
methodology authorized in subsection 373.421(1), F.S., the District
shall forward a copy of notice of the application to and request
comments from:
(a) the Florida Game and Fresh Water Fish Commission;
(b) the Florida Department of State, Division of
Historical Resources;


40-6










STANDARD GENERAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40

(c) any person who has requested a copy of the specific
application that is under review; and
(d) the Department of Environmental Protection, if the
proposed activities have a potential to impact marine listed
species.

Specific Authority 373.044, 373.113, 373.118, FS. Law Implemented
373.413, 373.414, 373.416, 373.419, FS. History New 10-1-84.
Amended 3-1-88, 10-3-95, 7-23-96, 10-16-96.

40D-40.141 Request for Additional Information.

Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented
120.60(2), 373.413, 373.414, 373.416, 373.419, F.S. History New
10-1-84. Amended 3-1-88. Repealed 10-3-95.

40D-40.301 Conditions for Issuance of Standard General Permit
for Minor Surface Water Management Systems.
(1) To obtain this standard general permit, an applicant must
provide reasonable assurance that the following conditions are met
and certify that:
(a) The total land area does not equal or exceed 10
acres;
(b) The area of impervious surface will not equal or
exceed two acres;
(c) The proposed activities will consist of the dredging
or filling of less than 100 square feet in wetlands or other
surface waters;
(d) The activities will not utilize pumps for storm
water management;
(e) The activities will not utilize storm drainage
facilities larger than one 24-inch diameter pipe, or its
equivalent;
(f) Discharges from the site will meet state water
quality standards;
(g) The proposed building floors will be above the 100
year flood elevation;
(h) The proposed activities do not cause significant
adverse impacts to occur individually or cumulatively;


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STANDARD GENERAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40

(i) The surface water management system can be
effectively operated and maintained; and
(j) The surface water management system will meet the
applicable water quality design criteria in the Basis of Review
described in Rule 40D-4.091(1).
(2) Applicants required to obtain a permit by subsection 40D-
4.041(4) may obtain this standard general permit if the applicant
provides reasonable assurance and certifies that the conditions in
paragraphs 40D-40.301(1)(f), (i), (j) and 40D-4.301(4) are met.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented
373.413, 373.414, 373.416, 373.427 FS. History New 3-1-88,
Amended 10-3-95, 10-16-96.

40D-40.302 Conditions for Issuance of Standard General
Permits.
In order to qualify for a standard general permit for
construction and operation under this chapter, the applicant must
give reasonable assurances that the surface water management system
meets all conditions of subsection 40D-40.302(1) and all thresholds
and conditions of at least one other subsection. To obtain a
standard general site conditions assessment permit under this
chapter, the applicant must provide reasonable assurances that all
conditions of subsection 40D-40.302(5) are met.
(1) General Conditions.
(a) The surface water management system must meet the
conditions specified in Rules 40D-4.301 and 40D-4.302.
(b) The permitted must have obtained a Works of the
District permit or other approval from the District if the
permitted proposes to connect to, place structures in or across, or
otherwise make use of works owned by the District.
(2) Thresholds.
(a) The project area except for public highway projects,
must be less than 100 acres.
(b) Construction or alteration of a system, including
dredging or filling to occur in, on or over a total of one acre or
less of wetlands and other surface waters.
(c) The system must not include more than nine proposed
boat slips.


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STANDARD GENERAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40

(3) Additional Conditions for Surface Water Management
Systems Associated with Public Highway Projects.
(a) The public highway project must be located within a
right of way dedicated to the public for highway purposes.
(b) The public highway project must not:
1. Drain lands outside the jurisdiction of the
constructing or funding public body;
2. Lower or have the potential for lowering the
dry season groundwater table outside the project's design drainage
area; and
3. Interfere with natural drainage patterns or
flows.
(4) Additional Conditions for Phased Construction under
Conceptual Permits.
(a) The project phase must comply with the requirements
of the conceptual permit.
(b) The project phase must be less than 100 acres and
meet the conditions of subsection 40D-40.302(1).
(c) The conceptual permit must have been issued
subsequent to October 1, 1984.
(5) (a) The boundaries of wetlands and other surface waters
or other site conditions referenced in the application and subject
to assessment and verification by the District shall in fact be
true and accurate representations of the actual existing site
conditions; and
(b) The project area shall not be in violation of any
District rule.

Specific Authority 373.044, 373.113, 373.118, FS. Law Implemented
373.413, 373.414, 373.416, 373.419, FS. History New 10-1-84.
Amended 3-1-88, 5-10-88, 9-13-88, 10-3-95, 7-23-96.

40D-40.321 Duration of Permits.
Unless revoked or otherwise modified, the duration of a
standard general permit issued pursuant to this Chapter is as
specified in Rule 40D-4.321, F.A.C.

Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented
373.413, 373.416, 373.419(2), F.S. History New
10-1-84. Amended 3-1-88, and 10-3-95.

40-9










STANDARD GENERAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40

40D-40.331 Modification of Permits.
A request for modification to renew or extend a permit issued
under this chapter shall be made in accordance with this rule.
Requests to modify permits shall be made:
(1) in accordance with Rules 40D-4.091, 40D-4.331, 40D-40.040,
40D-40.112, 40D-40.301 and 40D-40.302 for standard general
construction and operation permits and as applicable for all site
conditions assessment permits; or
(2) by letter for standard general construction and operation
permits provided the requested modification does not exceed the
conditions of subsection 40D-4.331(2)(b).

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented
373.413, 373.416(1), 373.429 FS. History New 10-1-84, Amended 3-
1-88, 10-3-95, 7-23-96, 4-17-97.

40D-40.341 Revocation of Permits.
Violations of this chapter may result in the revocation or
suspension of the authorization in whole or part in accordance with
the provisions of Section 373.429, and Chapter 120, Florida
Statutes, and Chapter .40D-1.

Specific Authority 373.044, 373.113 FS. Law Implemented 120.60(6),
373.429, 373.430(1) FS. History New 10-1-84.

40D-40.351 Transfer of Permits.
Transfer of permits shall be made in accordance with Rule 40D-
4.351.

Specific Authority 373.044, 373.113, FS. Law Implemented 373.413,
373.416(2), FS. History New 10-1-84.

40D-40.381 General Conditions.
The standard general permits issued pursuant to this chapter
shall be subject to the following limiting conditions:
(1) For construction and operation permits the general
conditions of Rule 40D-4.381 shall apply.
(2) For site conditions assessment permits the general
conditions of 40D-4.381 are inapplicable and only the following
limiting general conditions shall apply.


40-10










STANDARD GENERAL
APRIL 1997 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40

(a) The boundaries of wetlands and other surface waters
or other site conditions referenced in the application for
assessment and evaluation by the District must have been true and
accurate representations of the actual existing site conditions at
the time of permit issuance.
(b) The site conditions assessment permit shall be
invalid for construction permitting purposes following changes to
physical conditions on site that alter site conditions boundaries,
or the discovery of false or inaccurate information submitted in
the application.
(c) A site conditions assessment permit is the first
phase of a construction permit. A site conditions assessment
permit shall neither authorize construction, alteration, operation
or maintenance of any surface water management system nor imply
approval of any such activities in, on or over any wetlands or
other surface waters, or elsewhere. At the time of application for
modification of a site conditions assessment permit to a
construction permit for a project area, the permitted shall submit
a copy of the deed or other evidence of ownership, evidence of an
easement or other documents evidencing authorization to perform the
proposed work as provided in the environmental resource permit
application form incorporated by reference in Chapter 40D-1.
(3) All standard general permits shall be subject to other
reasonable conditions as are necessary to assure that the permitted
system will not be inconsistent with the overall objectives of the
District and will not be harmful to the water resources of the
District.

Specific Authority 373.044, 373.113, 373.118, FS. Law Implemented
373.117, 373.413, 373.414, 373.416, 373.419, FS. History New 10-
1-84, Amended 3-1-88, 10-3-95, 7-23-96.


40-11
































[BLANK]







Southwest Florida Water Management District


CHAPTER 40D-400, F.A.C.


ENVIRONMENTAL RESOURCE PERMITTING
INFORMATION MANUAL


.-


MANAGEMENT AND STORAGE OF SURFACE WATERS


JULY1996


NO









IM. Chapter 40D-400, F.A.C., Noticed General Environmental Resource Permits

This rule sets forth the requirements for noticed general environmental resource permits for
management and storage of surface waters. Noticed general environmental resource permits
are authorized only for those specific activities and under the conditions described in this
Chapter. Strict compliance with all of the terms, conditions, requirements, limitations and
restrictions applicable to a desired noticed general permit is required to qualify for such a
permit.

To qualify, a person wishing to undertake a noticed general permit activity described in this
Chapter must submit an Application, including the appropriate application fee and
supporting information, to the District at least 30 days prior to undertaking construction of
the system. If the District determines that the system does not qualify for a noticed general
permit, the applicant will be notified by mail within 30 days after the District receives the
Application.

When the District notifies the applicant that the system does not qualify for a noticed general
permit, the applicant then has 60 days to amend the Application and submit additional
information. If the District does not notify the applicant that the system does not qualify for
a noticed general permit within 30 days of receipt of the original Application, or amended
Application if an amended Application is submitted, the applicant may conduct the activity
authorized by the noticed general permit.

The general permit is valid only for the specific activity indicated and according to the
conditions of this Chapter. Any deviation from the specified activity and the permitting
conditions will be a violation of the permit. A permit violation may result in suspension or
revocation of the permitted's right to conduct the activity under the general permit, and the
District may also begin legal proceedings, seeking penalties or other remedies as provided
by law.

The period for construction of the permitted activity is five years, and the permitted is
required to operate and maintain the system in accordance the permit authorization.

The application forms, fee schedule, and other directions and information needed to apply
for an environmental resource permit under this chapter are included within Part C of this
ERP Information Manual.










RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-400
ENVIRONMENTAL RESOURCE PERMITS


PART I:
40D-400.021
PART II:
40D-400.201
40D-400.211
40D-400.215
40D-400.417


40D-400.427

40D-400.431
40D-400.437
40D-400.439


40D-400.443




40D-400.447




40D-400.453


40D-400.455


40D-400.457

40D-400.463


GENERAL PROVISIONS
Definitions
NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS
Policy and Purpose
Processing Procedures for Noticed General Permits
General Conditions for All Noticed General Permits
General Permit for Installation, Alteration or
Maintenance of Boat Ramps and Associated Accessory
Docks
General Permit for Certain Piers and Associated
Structures
General Permit for Installation of Riprap
General Permit for the Installation of Fences
General Permit for the Construction or Maintenance
of Culverted Driveways or Roadway Crossings and
Bridges of Artificial Waterways
General Permit to the Florida Department of
Transportation, Counties and Municipalities for
Minor Bridge Alteration, Replacement, Maintenance
and Operation
General Permit to the Florida Department of
Transportation, Counties and Municipalities for
Minor Activities Within Existing Rights-of-Way or
Easements
General Permit for Installation, Maintenance,
Repair or Removal of Underground Cables, Conduits,
or Pipelines
General Permit for the Construction of Aerial
Pipeline, Cable, or Conduit Crossings of Certain
Waters
General Permit for Subaqueous Utility Crossings of
Artificial Waterways
General Permit for the Construction and Operation
of Culverts and Associated Water Control Structures
in Mosquito Control Impoundments by Governmental
Mosquito Control Agencies


400-1











OCOBR QR L1 -1--M a=wo L=ma CHP ft00


40D-400.467

40D-400.475
40D-400.483

40D-400.485

40D-400.487



40D-400.495

40D-400.500


General Permit for Breaching Mosquito Control
Impoundments by Governmental Mosquito Control Agencies
General Permit for Minor Activities
General Permit to the Department to Conduct Minor
Activities
General Permit to the Department for Environmental
Restoration or Enhancement
General Permit to the Department to Change
Operating Schedules for Department Water Control
Structures
General Permit to U.S. Forest Service for Minor
Works within National Forests
General Permit for Construction, Operation,
Maintenance, Alteration, Abandonment or Removal of
Minor Silvicultural Surface Water Management
Systems


400-2


OCTOBER 1995


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A"PivrewoOwrma #l anam P 400
-~ .~'. 1. .~ ~ .'EV JL L~.~LIJ~ J.LIJ ~a~UZ~...a rzzu~. .. =F~rLJ'L5X~ I U U


PART I GENERAL PROVISIONS

40D-400.021 Definitions. The definitions set forth in
section 40D-4.021, F.A.C., shall apply to this chapter.
Additionally, as used in this chapter:
(1) "Canal" means a trench, the bottom of which is normally
covered by water, with the upper edges of its two sides normally
above water.
(2) "Channel" means a trench, the bottom of which is normally
covered entirely by water, with the upper edges of one or both of
its sides normally below water.
(3) "Coral" means living stoney coral and soft coral.
(4) "Department" means the Florida Department of
Environmental Protection.
(5) "Drainage ditch" or "irrigation ditch" means a man-made
trench dug for the purpose of draining water from the land or for
transporting water for use on the land and is not built for
navigational purposes.
(6) "Dredging" means the excavation, by any means, in surface
waters or wetlands. It also means the excavation, or creation, of
a water body which is, or is to be, connected to any surface waters
or wetlands directly or via an excavated water body or series of
excavated water bodies.
(7) "Endangered species" means those animal species which are
listed in section 39-27.003, F.A.C., and those plant species which
are listed in 50 Code of Federal Regulations 17.12.
(8) "Estuary" means a semi-enclosed, naturally existing
coastal body of water which has a free connection with the open sea
and within which seawater is measurably diluted with fresh water
derived from riverine systems.
(9) "Filling" means the deposition, by any means, of
materials in surface waters or wetlands.
(10) "Forested wetlands" means those wetlands where the canopy
coverage by trees with a diameter at breast height of greater than
4 inches is greater than 10 percent, as well as those areas
required to be planted with tree species to establish or
reestablish forested wetlands pursuant to a permit issued or
enforcement action taken, under rules adopted under Part IV of
Chapter 373, F.S., or Sections 403.91-403.929, F.S. (1984 Supp.) as
amended, and those areas where the canopy has been temporarily


400-3


OCTOBER 1995


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Ofv awraa or.use eaMz CAPTE 40


removed but are expected to revegetate to a forested wetland if use
of the area would remain unchanged.
(11) "Herbaceous wetlands" means those wetlands dominated by
non-woody vegetation that have less than a 10 percent canopy
coverage of trees with a diameter at breast height of greater than
4 inches.
(12) "Insect control impoundment dikes" means artificial
structures, including earthen berms, constructed and used to
impound wetlands or other surface waters for the purpose of insect
control.
(13) "Lagoon" means a naturally existing coastal zone
depression which is below mean high water and which has permanent
or ephemeral communications with the sea, but which is protected
from the sea by some type of naturally existing barrier.
(14) "Materials" mean matter of any kind, including, but not
limited to, sand, clay, silt, rock, dredged material, construction
debris, solid waste, pilings or other structures, ash, and residue
from industrial and domestic processes. The term shall not include
the temporary use and placement of lobster pots, crab traps, or
similar devices or the placement of oyster culch pursuant to
section 370.16, Florida Statutes, or Rules 62R-6 and 62N-5, Florida
Administrative Code.
(15) "Riprap" is a sloping retaining or stabilizing structure
made to reduce the force of waves and to protect the shore from
erosion, and consists of unconsolidated boulders, rocks, or clean
concrete rubble with no exposed reinforcing rods or similar
protrusions.
(16) "Seawall" means a man-made wall or encroachment, except
riprap, which is made to break the force of waves and to protect
the shore from erosion.
(17) "Submerged grassbeds" means any native, herbaceous,
submerged vascular plant community that is growing on the bottoms
of surface waters waterward of the mean high water line or ordinary
high water line.
(18) "Swale" means a man-made trench which:
(a) has a top width-to-depth ratio of the cross-section
equal to or greater than 6:1, or side slopes equal to or greater
than 3 feet horizontal to 1 foot vertical;
(b) contains contiguous areas of standing or flowing
water only following a rainfall event;


400-4


OCTOBER 1995


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(c) is planted with or has stabilized vegetation
suitable for soil stabilization, stormwater treatment, and nutrient
uptake; and
(d) is designed to take into account the soil
erodibility, soil percolation, slope, slope length, and drainage
area so as to prevent erosion and reduce pollutant concentration of
any discharge.
(19) "Threatened species" means those animal species listed in
section 39-27.004, F.A.C.
(20) "Vertical seawall" is a seawall the waterward face of
which is at a slope greater than 75 degrees to the horizontal. A
seawall with sloping riprap covering the waterward face to the mean
high water line shall not be considered a vertical seawall.
(21) "Water Management District" or "District" means a water
management district created pursuant to section 373.069, Florida
Statutes.
(22) "Species of Special Concern" means those species listed
in Section 39-27.005, F.A.C.
(23) "Aquatic Preserves" means those areas designated in Part
II, Chapter 258, F.S.

Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

PART II NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS

40D-400.201 Policy and Purpose.
The purpose of Part II of this chapter is to provide noticed
general environmental resource permits for those activities which
have been determined to have minimal impacts to the water resources
of the District, both individually and cumulatively. Mitigation is
neither necessary nor required for activities that qualify for
noticed general permits. Persons wishing to use one or more of the
noticed general permits in this chapter shall be subject to the
notice provisions of section 40D-400.211, F.A.C., before any
activity is conducted as authorized herein. The general conditions
provided pursuant to section 40D-400.215, F.A.C., shall apply to
all of the general permits in this chapter. Strict compliance with
all of the terms, conditions, requirements, limitations and
restrictions applicable to a desired noticed general permit under
this Part is required to qualify for such a permit.


400-5


OCTOBER 1995


li~UZZTDn~MI;~J~'~~T~ D~Q~TT~J~F ~~bUT~I










.Mx-vJ.LmxuwL sax.j. rMMMLj. en:man h~rAPE 400


Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

40D-400.211 Processing Procedures for Noticed General
Permits.
(1) A noticed general permit authorizes the construction,
operation, maintenance, alteration, abandonment, or removal of
certain surface water management systems as set forth in this
chapter, after notice is provided to the District. Whenever a
noticed general permit specifies procedures different from the
procedures in this section, the procedures specified in the noticed
general permit will govern.
(2) Any person wishing to construct, operate, maintain,
alter, abandon, or remove a surface water management system
pursuant to a noticed general permit set forth in this chapter
shall provide notice to the District by submitting an Application
including the appropriate application fee as required in Chapter
40D-1, F.A.C., to the District at least 30 days prior to
undertaking construction, operation, maintenance, alteration,
abandonment, or removal of the system. For the purposes of this
subsection, the application form is only considered submitted when
it is actually received by the District.
(3) If the District determines that the system does not
qualify for a noticed general permit, the District shall so notify
the applicant by mailing a notification within 30 days of receiving
the Application. For the purposes of this subsection, mailing
shall be deemed to occur when the notice is properly addressed,
stamped, and deposited in the United States mail, and the postmark
date shall be the date of mailing. When the District notifies the
applicant that the system does not qualify for a noticed general
permit due to an error or omission in the original Application to
the District, the applicant shall have 60 days from the date of the
notification to amend the Application and submit additional
information to correct such error or omission. If the applicant
amends the Application and submits additional information
correcting the error or omission within the 60 day time limit, no
additional application fee will be required for the noticed general
permit. If the District does not mail the notice informing the
applicant that the system does not qualify for a noticed general
permit within 30 days of receipt of the original Application, or
amended Application if an amended Application is submitted, the


400-6


OCTOBER 1995


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applicant may conduct the activity authorized by the noticed
general permit.
(4) If the District notifies an applicant that the system for
which a noticed general permit is sought does not qualify for the
noticed general permit, the applicant may apply for a standard
general or individual permit. The application fee for the noticed
general permit shall be applied to the application fee for a
standard general or individual permit if the applicant applies for
such a permit within 60 days of notification by the District.
(5) All construction, operation, maintenance, alteration,
abandonment, or removal of any system pursuant to a noticed general
permit must comply with the provisions of that general permit.
(6) For systems which qualify for a noticed general permit,
the District will not publish, or require the applicant to publish,
newspaper notice of the application submitted to qualify for the
permit. However, persons qualifying for a noticed general permit
may publish, in a newspaper of general circulation in the affected
area, a notice of intent to use a noticed general permit.
(7) A noticed general permit shall also constitute
certification of compliance with state water quality standards
where necessary pursuant to Section 401, Public Law 92-500, 33 USC
Section 1341, for activities that qualify for the noticed general
permit and that are performed in accordance with the conditions of
the noticed general permit unless the permit specifically states
otherwise.

Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented
373.118, 373.413, 373.414, 373.416, 373.426, F.S. History--New:
10-3-95.

40D-400.215 General Conditions for All Noticed General
Permits.
(1) The terms, conditions, requirements, limitations, and
restrictions set forth in this section are binding upon the
permitted for all noticed general permits in this chapter. These
conditions are enforceable under part IV of Chapter 373, F.S.
(2) The general permit is valid only for the specific
activity indicated. Any deviation from the specified activity and
the conditions for undertaking that activity shall constitute a
violation of the permit. A violation of the permit is a violation
of part IV of Chapter 373, F.S., and may result in suspension or


400-7


OCTOBER 1995


ENVIRONMENTAL RE T


CHAPTER 400










t'.J "B J W v 1 au f% MW25JV A VV


revocation of the permitted's right to conduct such activity under
the general permit. The District may also begin legal proceedings
seeking penalties or other remedies as provided by law for any
violation of these conditions.
(3) This general permit does not eliminate the necessity to
obtain any required federal, state, local and special district
authorizations prior to the start of any construction, alteration,
operation, maintenance, removal or abandonment authorized by this
permit.
(4) This general permit does not convey to the permitted or
create in the permitted any property right, or any interest in real
property, nor does it authorize any entrance upon or activities on
property which is not owned or controlled by the permitted, or
convey any rights or privileges other than those specified in the
general permit and this chapter.
(5) This general permit does not relieve the permitted from
liability and penalties when the permitted activity causes harm or
injury to human health or welfare; animal, plant or aquatic life;
or property. It does not allow the permitted to cause pollution in
contravention of Florida Statutes and District rules.
(6) The permitted is hereby advised that Section 253.77,
F.S., states that a person may not commence any excavation,
construction, or other activity involving the use of sovereign or
other lands of the state, the title to which is vested in the Board
of Trustees of the Internal Improvement Trust Fund without
obtaining the required lease, license, easement, or other form of
consent authorizing the proposed use. Therefore, the permitted is
responsible for obtaining any necessary authorizations from the
Board of Trustees prior to commencing activity on sovereignty lands
or other state-owned lands.
(7) The authorization to conduct activities pursuant to the
noticed general permit may be modified, suspended or revoked in
accordance with Chapter 120, and Section 373.429, F.S.
(8) This permit shall not be transferred to a third party
except pursuant to section 40D-4.351, F.A.C. The permitted
transferring the general permit shall remain liable for any
corrective actions that may be required as a result of any permit
violations prior to sale, conveyance, or other transfer of
ownership or control of the permitted system or the real property
at which the permitted system is located.


400-8


OCTO ER 1995


CKAP ER 400


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(9) Upon reasonable notice to the permitted, District staff
with proper identification shall have permission to enter, inspect,
sample and test the permitted system to insure conformity with the
plans and specifications approved by the permit.
(10) The permitted shall maintain any permitted system in
accordance with the plans submitted and authorized by this permit.
(11) A permitted's right to conduct a specific activity under
this noticed general permit is authorized for a duration of five
years.
(12) Construction, alteration, operation, maintenance, removal
and abandonment approved by this general permit shall be conducted
in a manner which does not cause violations of state water quality
standards, including any antidegradation provisions of sections
62-4.242(1) (a) and (b), 62-4.242(2) and (3), and 62-302.300,
F.A.C., and any special standards for Outstanding Florida Waters
and Outstanding National Resource Waters. The permitted shall
implement best management practices for erosion, turbidity, and
other pollution control to prevent violation of state water quality
standards. Temporary erosion control measures such as sodding,
mulching, and seeding shall be implemented and shall be maintained
on all erodible ground areas prior to and during construction.
Permanent erosion control measures such as sodding and planting of
wetland species shall be completed within seven days of any
construction activity. Turbidity barriers shall be installed and
maintained at all locations where the possibility of transferring
suspended solids into wetlands or surface waters exists due to the
permitted activity. Turbidity barriers shall remain in place and
shall be maintained in a functional condition at all locations
until construction is completed, soils are stabilized and
vegetation has been established. Thereafter the permitted shall be
responsible for the removal of the barriers. The permittee.shall
correct any erosion or shoaling that causes adverse impacts to the
water resources.
(13) The permitted shall hold and save the District harmless
from any and all damages, claims, or liabilities which may arise by
reason of the construction, alteration, operation, maintenance,
removal, abandonment or use of any system authorized by the general
permit.
(14) The permitted shall immediately notify the District in
writing of any previously submitted information that is later
discovered to be inaccurate.


400-9


OCTOBER 1995


I~UTITDr~TL~T~P~T~ b~C~~tmrre~ ~e~~UTm


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-O---TORRR- 1QDV!-Q-rV 10.' Dwr MW Aa- A


Specific Authority: 373.044, 373.113, 373.118, F.S., Law
Implemented: 373.413, 373.414, 373.416, 373.419, F.S. History--
New: 10-3-95.

40D-400.417 General Permit for Installation, Alteration or
Maintenance of Boat Ramps and Associated Accessory Docks.
(1) A general permit is hereby granted to any person for
installation, alteration or maintenance of a boat ramp and the
associated accessory docks; provided:
(a) the boat ramp is not exempt from permitting pursuant
to Section 40D-4.051, F.A.C., or Section 403.813(2)(c), F.S.;
(b) the boat ramp is not part of a larger plan of
development proposed by the applicant which requires a standard
general or individual environmental resource permit;
(c) the construction of a new boat ramp or the widening
of an existing boat ramp that would increase the number of boat
launching lanes does not occur in waters that are accessible to
manatees in the following counties; Charlotte, Citrus,
Hillsborough, Lake, Lee, Manatee, Pinellas, or Sarasota, excluding
the portions of waters in these counties that are upstream of water
control structures that preclude the passage of manatees, and
inland waterbodies with no connection to coastal waters; however,
the limiting provisions of this paragraph shall not apply to the
construction of a new boat ramp at a single family residence when
the residence is not part of a larger plan of development proposed
by the applicant;
(d) no ramp or accessory dock shall be constructed under
this general permit unless navigational access exists to the ramp
and accessory docks which provides a minimum depth of two feet
below the mean low water level in tidal waters or two feet below
the mean annual low water level in non-tidal waters;
(e) there shall be no filling of wetlands or other
surface waters, other than the actual boat ramp surface, incidental
filling associated with recontouring the land under the ramp to
create a level grade, and pilings for associated accessory docks;
(f) ramps constructed or altered under this general
permit shall not exceed a width of 35 feet, including the side
slopes. State agencies, counties, municipalities and water
management districts are authorized to construct or alter a ramp or
to widen an existing ramp which does not exceed 50 feet in width;-


400-10


OCTOBER 1995


FT~NVTF~n~JTklhT~'~T. P1ECnrrP~I~ bli~D~Tllr


CHAPTER 400










nrIMAMWUsa 100Cse I7IkTCKAPTR 40


(g) the construction, alteration or use of the boat ramp
and accessory docks shall not significantly impede navigability in
the water body;
(h) the above-water portion of the ramp is landward of
the mean high water line (for tidal waters) or the ordinary high
water line (for non-tidal waters);
(i) dredging shall be limited to that amount of
material necessary to construct the boat ramp surface or restore
the ramp to its original configuration and dimension, and the
amount of dredged material shall be less than 100 cubic yards;
(j) all spoil material that results from activities
authorized by this general permit shall be deposited in an upland
spoil site, which shall be designed and located to prevent the
escape of spoil material into wetlands or other surface waters such
that state water quality standards are not violated;
(k) a maximum of two accessory docks, abutting either
one or both sides of the boat ramp shall be authorized, and the
total square footage of the accessory docks shall be less than 500
square feet over wetlands or other surface waters. State agencies,
counties, municipalities and water management districts are
authorized to construct or alter accessory docks such that the
total area of the accessory docks over wetlands or other surface
waters does not exceed 1000 square feet and the accessory docks are
not more than six feet wide;
(1) there shall be no dredging or filling of submerged
grassbeds or coral communities;
(m) No part of the accessory docks shall be located over
submerged grasses or coral communities;
(n) the accessory docks shall not be used for overnight
mooring, except for accessory docks at a boat ramp at a single
family residence;
(2) The construction or alteration of a boat ramp or
accessory docks does not obligate the District to approve any
subsequent request to dredge for navigational access.

Specific Authority 373.026, 373.043, 373.044, 373.046, 373.118,
373.406, F.S. Law Implemented 373.026, 373.043, 373.046, 373.118,
373.403, 373.413, 373.416, 373.417, 373.418, 373.419, 373.422,
373.423, 373.426, F.S. History--New: 10-3-95.


400-11


OCTOBER 1995


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40D-400.427 General Permit for Certain Piers and Associated
Structures.
(1) A general permit is hereby granted to any person to
construct, extend, or remove piers and associated structures as
described below:
(a) single-family piers along with boat lifts, boat
houses, terminal platforms, and gazebos attached to the pier where
these structures:
1. do not accommodate the mooring of more than two
water craft;
2. do not, together with existing structures,
exceed a total area of 2,000 square feet; and
3. have a minimum depth of 2 feet below the mean
low water level for tidal waters and 2 feet below the mean annual
low water level for non-tidal waters for all areas designed for
boat mooring and navigational access; and
(b) public fishing piers that do not exceed a total area
of 2,000 sq. ft. provided the structure is designed and built to
discourage boat mooring by elevating the fishing pier to a minimum
height of 5 ft. above mean high water or ordinary high water, -
surrounding the pier with handrails, and installing and maintaining
signs that state "No Boat Mooring Allowed."
(2) This general permit shall be subject to the following
specific conditions:
(a) construction or extension of the boat house, boat
shelter, boat lift, gazebo, or terminal platforms, shall not occur
over submerged grassbeds, coral communities or wetlands. In
addition, the boat mooring location shall not be over submerged
grassbeds, coral communities or wetlands. However, the access
walkway portion of the pier may traverse these resources provided
it is elevated a minimum of 5 feet above mean high water or
ordinary high water, contains handrails that are maintained in such
a manner as to prevent use of the access walkways for boat mooring
or access, and does not exceed a width of 6 feet, or a width of 4
feet.in Aquatic Preserves;
(b) there shall be no wet bars, living quarters, or
living quarters over wetlands or other surface waters or on the
pier, and no structure authorized by this general permit shall be
enclosed by walls or doors;
(c) the structure and its use shall not significantly
impede navigability in the water body;


400-12


OCTOBER 1995


~RfTD~~~Tli~li~l~t~ D~~r\r~D~'P ~)~DUTI~'


CHAPTER 400










n1"MnUWVza loomau CMamx CAPTE 40


(d) there shall be no dredging or filling associated
with construction of the structures authorized herein, other than
that required for installation of the actual pilings for the pier,
boat lift, boat shelter, gazebo, or terminal platform;
(e) there shall be no fish cleaning facilities, boat
repair facilities or equipment, or fueling facilities on the
structures authorized by this general permit. In addition, no
overboard discharges of trash, human or animal waste, or fuel shall
occur from any structures authorized by this general permit; and
(f) this general permit shall not authorize the
construction of more than one pier per parcel of land or individual
lot. For the purposes of this general permit, multi-family living
complexes shall be treated as one parcel of property regardless of
the legal division of ownership or control of the associated
property.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

40D-400.431 General Permit for Installation of Riprap.
(1) A general permit is hereby granted to any person
installing riprap at the toe of an existing vertical seawall,
provided:
(a) the riprap consists only of natural boulders or
clean concrete rubble one to three feet in diameter in average
dimensions;
(b) the slope of the riprap is no steeper than 2
horizontal to 1 vertical and the horizontal distance from the toe
of the seawall is no more than 8 feet;
(c) there are no reinforcing rods or other similar
protrusions in concrete rubble and all rubble or boulders are free
of attached sediments;
(d) neither the distance nor the use of the riprap shall
interfere with navigation;
(e) there is no filling or dredging associated with the
placement of riprap other than the riprap material itself;
(f) there shall be no filling of submerged grassbeds;
(g) the amount of wetland area filled shall not exceed
100 square feet; and
(h) there shall be no filling of coral communities.


400-13


OCTOBER 1995


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Q :&:& Ps aAMvens. N&%VJL%! E; & bdam R X _%

(2) This general permit shall be subject to the following
specific conditions:
(a) installation of the structure does not obligate the
District to approve any subsequent request to dredge for
navigational access;
(b) there shall be no backfilling to obtain useable
upland or to straighten an otherwise sinuous shoreline; and
(c) there shall be no filling or backfilling to reclaim
land lost by avulsion or erosion.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

40D-400.437 General Permit for the Installation of Fences.
A general permit is hereby granted to any person
installing a fence in wetlands or other surface waters, except in
Outstanding Florida Waters, Outstanding National Resource Waters,
Aquatic Preserves, Class II waters, or waters approved,
conditionally approved, restricted, or conditionally restricted by
the department for shellfish harvesting; provided:
(1) the structure shall not block navigation, create a
navigational hazard, impede the natural flow of water by itself or
through the accumulation of debris;
(2) no fence shall be installed into open waters (areas of
water bodies not supporting emergent vegetation) of any navigable
river, stream, canal, or tributary thereto, a distance of more than
25 feet, or more than twenty percent of the width of the open
water, whichever is less, and in any lake shall not extend more
than 15 feet waterward of the landward extent of the lake,
including contiguous wetlands;
(3) the fence will be constructed of wire attached to posts
which project at least 2 feet above the mean annual flood or
ordinary high water elevation of the waterway;
(4) in navigable waters and all lakes, the structure shall be
adequately marked with reflectors visible from both directions
paralleling the shoreline; and
(5) dredging or filling performed shall be limited to that
necessary to install individual fence posts.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.


400-14


OCT BER 1995


'li~T~Tlt~D~T~e~rT~lIAT ~~~hTm~~ ~FbV~r~


CHAPTER 400










&-s- &'& ===vA% 4L %M C AP 4 00 2


40D-400.439 General Permit for the Construction or
Maintenance of Culverted Driveway or Roadway Crossings and Bridges
of Artificial Waterways.
(1) A general permit is hereby granted to any person for the
purpose of constructing or maintaining a culverted driveway or
roadway crossings bridge, of an artificial waterway provided:
(a) this general permit shall apply only to wholly
artificial, non-navigable drainage conveyances;
(b) a culvert or culverts are placed under the roadway
or driveway;
(c) the size and number of the culvert(s) shall be
adequate to pass normal high water stages of the artificial water
body being crossed. In no instance shall the culvert(s) provide a
smaller cross-sectional area or discharge capacity than any
upstream culvert;
(d) the elevation of the culvert invert shall be at the
existing bottom grade of the artificial waterway;
(e) the length of the driveway or roadway crossing or
bridge over the waterway shall not exceed 50 feet top of bank to
top of bank;
(f) the top width of the driveway or roadway crossing,
or bridge shall not exceed 75 feet and the toe to toe width shall
not exceed 100 feet and the side slopes shall not be steeper than
2 horizontal to 1 vertical;
(g) clean fill used for the crossing must be obtained
from uplands or from a dredge site which is in compliance with the
permitting requirement of chapters 40D-4 or 40D-40, F.A.C., as
applicable;
(h) there shall be no additional dredging, filling, or
construction activities, except as exempted from regulation under
Part IV, Chapter 373, F.S., and those directly involved in the
construction or maintenance of the proposed crossing or bridge; and
(i) the maintenance of the roadway or driveway crossing
or bridge shall continue to provide at least the same volume of
discharge through the culvert(s).
(2) This general permit shall be subject to the following
specific conditions:
(a) The permitted shall stabilize fill areas and
waterway banks disturbed by the activity by revegetation or riprap
within 72 hours of completion of construction to prevent erosion,
siltation or turbid runoff into wetlands and other surface waters.


400-15


OCTOBER 1995


I;llrT~fTD~\~C~r~l~r~~T~ D~~r\Tmrr~ ~b~UTm


~rrr~msa Ann












(b) If dewatering is performed, all temporary fill dikes
and dewatering discharges shall be installed and constructed so
that no upstream flooding or impoundment occurs and no siltation,
erosion or turbid discharges into wetlands or other surface waters
occur in violation of state water quality standards. Any temporary
works shall be completely removed and all areas upstream and
downstream from the crossing shall be restored to grades,
elevations and conditions which existed before construction.
(3) This general permit shall apply only to a maximum of two
crossings on a given parcel of property with a minimum distance of
500 feet between crossings. Maintenance shall be allowed at any
and all existing structures meeting the specifications of this
general permit.
(4) This general permit shall not apply if:
(a) Relocation of all or part of the artificial waterway
is required, or
(b) Dredging or filling activities are required, other
than for the proposed culvert crossing, except as exempted from
regulation under Part IV, Chapter 373, F.S.
(5) This general permit does not authorize any road
construction or alteration connecting to a crossing authorized by
this general permit.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

40D-400.443 General Permit to the Florida Department of
Transportation, Counties and Municipalities for Minor Bridge
Alteration, Replacement, Maintenance and Operation.
(1) A general permit is hereby granted to the Florida
Department of Transportation, Counties and Municipalities to
conduct the activities described below:
(a) The replacement or modification of bridges and
approaches where the combined total of dredging and filling, both
temporary and permanent, in wetlands and other surface waters does
not exceed 0.5 acre.
(b) Channel clearing and shaping, not to exceed a
combined total of 0.5 acres of dredging and filling in wetlands and
other surface waters, to facilitate maximum hydraulic efficiency of
the structures detailed in paragraph (a) above, where the spoil
material is used on an upland portion of the project or is


400-16


OCTOBER 1995


~lr~~~TPAhTM~i~T)r~P~~T. P~C~TTD~I~ DTi~PMTrF


CHAPTER 400










r=vtnIan^=VnD Imuue amni CKP 4007'


deposited on a self-contained, upland spoil site. Escape of spoil
material or return water from the spoil deposition area into
wetlands or other surface waters is prohibited.
(2) This general permit shall be subject to the following
specific conditions:
(a) in addition to compliance with the notice provisions
of section 40D-400.211, F.A.C., within 90 days following completion
of construction, the permitted will notify by letter the
appropriate District office of the date construction activities
were completed;
(b) no dredging of access or work channels are
authorized by this general permit;
(c) temporary fill roads shall not be constructed
waterward of mean high water or ordinary high water;
(d) all fill placed in wetlands other than all on which
a bridge or approach described in paragraph (1)(a) is constructed,
shall be regraded to the original wetland elevations and these
filled wetland areas revegetated with native wetland species
endemic to adjoining, undisturbed wetlands, within seven days of
completion of construction. Within "Clear Zones" as described in
Chapter Three, Roadside Design Manual, American Association of
State Highway and Transportation Officials, dated October 1988,
revegetation shall be with native herbaceous species endemic to
adjoining undisturbed wetlands. These wetland areas shall be
maintained and planted as necessary, to ensure that satisfactory
revegetation occurs. For the purposes of this general permit,
"satisfactory revegetation" means that the herbaceous wetlands, and
forested wetlands within clear zones that are disturbed by fill
shall have achieved not less than 33 percent cover of planted or
naturally reestablished herbaceous wetland species within 18 months
of completion of construction, and the forested wetlands other than
the forested wetlands in clear zones that are disturbed by fill
shall achieve a survival rate of not less than 400 wetland trees
per acre within 18 months of completion of construction, and a
maintenance plan must be developed and implemented to ensure the
survival of the planted or naturally reestablishing wetland
species. Within the revegetated wetland areas, non-native
vegetation must be controlled such that it does not constitute more
than 10 percent of the area cover in any stratum at any time for
the five-year period following the initial planting or restoration
of the site;


400-17


OCTOBER 1995


~e~RIT~~l~rm~r as~h+mrra harrrrrm


rmrrrmorr Irr~










CIT Am f Ann


.a -I .V-.i-.I j R EajLj. L.n jLXU- fj mm UP


(e) hydraulic openings of bridges constructed under
paragraph (1)(a) above shall be sufficient to prevent downstream
scour, increased downstream water velocities, and increased
backwater elevation on the property of others;
(f) minimum horizontal and vertical navigational
clearances on bridges over navigable waters of the United States
shall be established in accordance with procedures outlined in the
U.S. Coast Guard Bridge Administration Manual, COMDTINST M16590.5,
May 7, 1982;
(g) horizontal and vertical clearances for replacement
bridge structures shall meet or exceed those of the bridge being
replaced;
(h) temporary erosion controls for all exposed soils
within wetlands and other surface waters shall be completed within
seven calendar days of the most recent construction activity;
(i) the fill areas and the banks of the water body shall
be stabilized with vegetation or riprap within seven days following
completion of slope construction. This stabilization is considered
a construction priority and completed fill slopes in wetlands and
other surface waters shall not remain unstabilized while other
construction continues;
(j) this general permit does not authorize the use of
dredged material for roadway construction;
(k) the permitted shall use erosion and sediment control
best management practices, including turbidity curtains or similar
devices, in strict adherence to these practices as described in
Chapter 6, the Florida Land Development Manual: A Guide to Sound
Land and Water Management (Florida Department of Environmental
Regulation, 1988) incorporated by reference to prevent violations
of state water quality standards;
(1) this general permit authorizes dredging and filling
for the replacement or modification of a bridge and approaches for
a specific crossing of a wetland or other surface water. Any
connecting road expansion or alteration associated with such
replacement or modification must be authorized by a separate
general or individual permit under chapter 40D-4 or 40D-40, or 40D-
400, F.A.C., as applicable, before the start of construction; and
(m) this general permit does not authorize replacement
or modification of bridges or approaches which involve the
construction of additional traffic lanes.


400-18


OCTOBER 1995


li~l~~ZTPn~i~ilr~'hT~ b~e~br\tm~e~ ~~bUT~










OC-TOBE-R 1995 e7 1-O-E-P A -n n


Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.416, 373.426, F.S. History--New: 10-3-95.

40D-400.447 General Permit to the Florida Department of
Transportation, Counties and Municipalities for Minor Activities
Within Existing Rights-of-Way or Easements.
(1) A general permit is hereby granted to the Florida
Department of Transportation, Counties and Municipalities to
conduct the activities described below:
(a) The extension of existing culverts and crossing
approaches to accommodate widening of the roadway where excavation
or deposition of material shall not exceed 1000 cubic yards in
wetlands and other surface waters and the area from which material
is excavated or to which material is deposited shall not exceed a
total of 0.25 acres at any one location (project site). The 1000
cubic yardage limitation shall be separately applied to excavation
and deposition of material.
(b) Relocation, recontouring, widening, or
reconstruction of existing highway drainage ditches through uplands
provided the floor elevation of the ditch is not deepened below the
original design elevation and provided that the work does not cause
a change in the hydrology of any wetlands which are connected to or
which are adjacent to the ditch.
(c) Culvert placement, replacement and maintenance
associated with existing roadways, in streams with an average
discharge of less than 10 cubic feet per second at the culvert
location or streams draining less than 10 square miles, provided
that construction does not cause scour in the downstream waters or
increase the velocity of the water downstream, does not reduce
existing flood conveyance of the stream for the 100 year flood flow
and does not reduce existing flood storage within the 10 year flood
plain. The material excavated or deposited as fill shall not
exceed 1000 cubic yards in wetlands and other surface waters. The
cross sectional area of the culvert shall not be reduced unless the
reduced cross section provides for an equal or greater discharge
capability. In the case of a culvert installed as a wildlife
crossing, the cross sectional area shall not be reduced.
(d) Construction of temporary bypass lanes and stream
channel diversions necessary to complete projects detailed in
paragraph (c) above, provided the area used for the temporary


400-19


OCTOBER 1995


ENVIRONMENTAL RE T


CHAPTER 400










o!O R 1Q m ----- bLWX% .1._!Z %JZ -gum r

bypass lanes and temporary diversion is restored to its previous
contours and elevations.
(e) Channel clearing and shaping, not to exceed a
combined total of 0.5 acres of dredging and filling in wetlands and
other surface waters, to facilitate maximum hydraulic efficiency of
structures authorized by paragraph (c) above, where the spoil
material is used on an upland portion of the project or is
deposited on a self-contained, upland spoil site. Escape of spoil
material or return water from the spoil deposition area into
wetlands or other surface waters is prohibited.
(f) Repair of existing concrete bridge pilings by the
construction of pile jackets, provided that the permanent outer
form is composed of inert materials and the quantity of material
shall not exceed 300 cubic yards of dredging or 300 cubic yards of
filling per project. Although the bottom sediments within the
forms may be removed by jetting or pumping, and may not be
recoverable, proper turbidity control measures shall be employed as
necessary to prevent violations of state water quality standards.
(2) This general permit shall be subject to the following
specific conditions:
(a) The permitted shall use erosion and sediment control
best management practices, including turbidity curtains or similar
devices, in strict adherence to these practices as described in
Chapter 6, The Florida Land Development Manual: A Guide to Sound
Land and Water Management (Florida Department of Environmental
Regulation, 1988) incorporated by reference to prevent violation of
state water quality standards.
(b) Immediately following completion of slope
construction, the fill areas and any disturbed banks of wetlands or
other surface waters shall be stabilized with vegetation or riprap
to prevent erosion. Temporary erosion controls for all exposed
soils within wetlands and other surface waters shall be completed
within seven calendar days of the most recent construction
activity. Prevention of erosion of exposed earth.into wetlands and
other surface waters is a construction priority and completed
slopes shall not remain unstabilized while other construction
continues.
(c) In addition to complying with the notice provisions
of section 40D-400.211, F.A.C., at least 90 days prior to
commencement of construction, the permitted shall provide written
notification to the appropriate District office of the date the


400-20


OCTOBER 1995


ENVIRONMENTAL RE T


rrarh~~ Ann












permitted construction activities are planned to begin and within
90 days following completion of construction the permitted shall
provide written notification to the District of the date
construction activities are completed.
(d) The permitted shall limit stream channel relocation
to streams which have an average annual discharge of 10 cubic feet
per second or less. The length of relocated channels or those
significantly altered shall be limited to 200 feet per stream. A
stream channel shall be altered only when such a measure will
reduce the long term adverse water quality impacts and will
maintain or restore the stream's natural hydraulic capability.
(e) This general permit shall not apply to ditch
construction in Class I or Class II surface waters, Outstanding
National Resource Waters or waters designated as Outstanding
Florida Waters.
(3) This general permit does not authorize the construction
of additional traffic lanes. Systems which require additional
traffic lanes must first obtain a general or individual
environmental resource permit under chapters 40D-4 or 40D-40,
F.A.C., as applicable, before the start of construction.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.416, 373.426, F.S. History--New: 10-3-95.

40D-400.453 General Permit for Installation, Maintenance,
Repair and Removal of Underground Cable, Conduit, or Pipeline.
(1) A general permit is hereby granted for the installation,
maintenance, repair and removal of underground cable, conduit or
pipeline that transmit electricity, communication signals, potable
water, raw water, reclaimed water, domestic wastewater, or natural
gas.
(2) This general permit is subject to the following special
conditions:
(a) the maximum width of the disturbed corridor in
wetlands shall not exceed 30 feet. The maximum width of the
excavated trench shall not exceed eight feet, with temporary spoil
storage banks not to exceed ten feet in width;
(b) the total area of wetland disturbance shall not
exceed 0.5 acres of forested wetlands per ten miles of cable,
conduit, or pipeline;


400-21


OCTOBER 1995


~i~lVVTPn~T~L~i~l~'~T. PPCnTTD~13 DFPAI~Trlr


CHAPTER 400










S a =a WouSL r rIZMJ.A T 400U
tI..tI rr L.%.MIW1D 1 or.7,.J ZM,7r. I M JJ.JIqJ-L~.I. r bJJ IL J J%,J r-I'l .Lp ~


(c) for a trench with a top width greater than three (3)
feet in herbaceous wetlands, the upper layer of the soil horizon
shall initially be scraped and segregated into a spoil bank that is
separated from the spoil bank resulting from the excavation of the
trench for the utility line. The upper layer of the soil horizon
shall be replaced as the last step of restored grades to facilitate
natural revegetation;
(d) maintenance trimming or removal of trees in wetlands
will be conducted only within the impacted areas authorized under
this general permit and only as necessary to perform repairs on the
cable, conduit, or pipeline;
(e) this general permit does not authorize construction
in surface waters other than wetlands;
(f) there shall be no net placement of permanent fill
resulting from the activities authorized by this general permit;
(g) there shall be no dredging or filling in wetlands to
access the work areas authorized by this general permit, except for
temporary mats. All temporary mats shall be removed within thirty
days after completion of the installation of the line within the
wetland portion of the project;
(h) the works authorized by this general permit shall
not impede the flow of water in wetlands or other surface waters,
except for a maximum period of 30 days during construction,
provided that the impeded flow does not cause flooding and shall
not adversely affect the wetlands or other surface waters;
(i) temporary spoil banks shall contain breaches that
prevent impoundment or restriction of surface water flows;
(j) this general permit does not authorize the
installation of conduit for draining wetlands or other surface
waters;
(k) pre-construction ground elevations and the contours
of all disturbed soils, including vehicle ruts in wetlands and
other surface waters, shall be restored within 30 days of
completion of line installation. Restored grades shall be
stabilized within 72 hours following completion of elevation and
contour restoration to minimize erosion;
(1) vehicle usage in wetlands and other surface waters
shall be conducted so as to minimize tire rutting and erosion
impacts;
(m) for purposes of this general permit, vehicular
access in wetlands and other surface waters shall be limited to


400-22


OCTOBER 1995


e~~~bh~X~rm'At ~b~r~mrr~ ~baurm


rca IVrma A










c SE .. & -d .Mv ..V Z m .5. JJ im Uam-L. J CHAPT.L M t V V


existing roads, trails, rights-of-way or easements, and to other
previously disturbed corridors where they exist;
(n) this general permit shall not apply in Outstanding
Florida Waters, Outstanding National Resource Waters, Aquatic
Preserves, or Class I waters; and
(o) during the initial clearing event and when
conducting subsequent normal maintenance activities, the permitted
shall eradicate all Brazilian pepper, Australian pine, and
melaleuca from the wetland portions of the utility right of way.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

40D-400.455 General Permit for the Construction of Aerial
Pipeline, Cable, or Conduit Crossings of Certain Waters.
(1) A general permit is hereby granted to any person
constructing an aerial pipeline, cable, or conduit crossing of
artificial waterways, including man-made canals, and drainage
ditches, as defined in Section 403.803, F.S., and natural water
bodies, where the width of such waterways or water bodies is no
greater than 25 feet; provided:
(a) the crossing is not located in Outstanding Florida
Waters, Outstanding National Resource Waters, Aquatic Preserves,
Class I waters, Class II waters, or waters approved, conditionally
approved, restricted or conditionally restricted by the department
for shellfish harvesting. For the purposes of this section, aerial
pipeline, cable or conduit crossings include: pipelines, cables and
conduits transporting potable water, raw non-wastewater, including
well water and reservoir water, reclaimed water, domestic
wastewater, phosphate matrix slurry, phosphatic clay or sand
tailings, recirculated water from beneficiation processes;
electrical power cables and conduits that are not subject to the
provisions of Sections 403.52-403.539, F.S.; and telephone and
other electronic communication cables and conduits;
(b) there shall be a minimum clearance of five feet
between the pipeline, cable or conduit and the elevation of the
mean or ordinary high water line, and no pipeline, cable or conduit
shall be lower than existing pipeline, cable or conduit structures
in the area;
(c) the structure shall not create a navigational hazard
or impede the natural flow of water;


400-23


OCTOBER 1995


~tr~h~CC~Tm~Lt ~b~h2m~b ~b~Ulm


rmrrrmnrr Inrr












(d) dredging shall be restricted to that quantity
necessary for actual installation of the support piles, and no fill
other than the support piles shall be placed within wetlands or
other surface waters. Any disturbance of the side slopes of the
waterway shall be stabilized with native vegetation;
(e) work activities for the installation of the aerial
crossing shall be restricted to a width of no more than thirty (30)
feet on each side of the crossing alignment. In cases where
multiple pipes, cables or conduits are to be installed along the
same alignment the thirty (30) foot width shall commence from the
outermost pipes, cables or conduits. For the purposes of this
general permit, no more than three pipes shall be placed along a
given alignment, and in no case shall the total disturbance area
exceed 75 feet in width; and
(f) construction techniques necessary for the
installation of the aerial pipeline, cable, or conduit, including
the transport and placement of materials, shall not disturb the
adjacent bottoms of the waterbody or adversely affect water
quality.
(2) This general permit shall be subject to the following
specific conditions:
(a) Any pipeline or conduit transporting authorized
materials, other than potable water or raw non-wastewater, shall be
subject to the following spill prevention design criteria:
1. double piping (pipe within a pipe) constructed
in such a manner that any leakage from the inside pipe into the
outside pipe shall be conveyed to spill detention areas constructed
in wetlands and surface waters; and
2. pressure sensitive devices designed to detect
any leak shall be installed proximal to the aerial crossing, and
shall be designed to allow both visual and audible detection.
(b) The District shall be notified within 24 hours of
any leak or failure of any of the pipes associated with the aerial
crossing.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.


400-24


OCTOBER 1995


~i~JIZTDr\~T~e~;~,~nr+ a~~hrm~~ ~~aurm


rmrrrmn~ Inn










1 L V r4V%" A...7.u mu.AJ &.L.L aovJUu c 1. ms. CAPrjL TMA t U

40D-400.457 General Permit for Subaqueous Utility Crossings
of Artificial Waterways.
(1) A general permit is hereby granted to any person
constructing, repairing or replacing a subaqueous utility crossing
of artificial waterways, which are defined for purposes of this
rule as residential canal systems and all other bodies of water
that have been totally excavated from uplands and which do not
overlap wetlands or other surface waters at the location of the
crossing, and which were not created as a part of a mitigation
plan; provided:
(a) the work is not located in Outstanding Florida
Waters, Aquatic Preserves, Outstanding National Resource Waters,
Class I waters, Class II waters or waters approved, conditionally
approved, restricted, or conditionally restricted by the Department
for shellfish harvesting;
(b) such construction shall be limited only to
non-navigable watercourses or to those waterways in which
navigation can be maintained at all times without the necessity of
removing or relocating turbidity control devices to allow boat
passage;
(c) no dredging or filling shall be conducted in
wetlands or other surface waters, which are located landward of the
top of the banks of an artificial waterway. Dredging and back
filling of littoral zones and wetland vegetation growing on the
side slopes of the artificial waterway may be performed only as is
reasonably necessary to install the subaqueous utility line
crossing and restore the banks to their original design
specifications;
(d) there shall be no dewatering or construction of
temporary berms or dikes;
(e) the maximum length of the utility crossing shall not
exceed 150 feet from top of bank to top of bank. Excavated trench
dimensions shall be limited to a depth of not more than 10 feet
below existing bottom contours and a trench top width of not more
than 10 feet;
(f) the maximum width of the area disturbed by equipment
during construction shall be no more than 30 feet wide;
(g) all previously excavated contours are restored with
on site native backfill, coarse sand, or clean, non-toxic rock
bedding or cap material, as appropriate, within 72 hours following
installation of the utility line;


400-25


OCTOBER 1995


~rTTrTDr~TUe~rr~'At ~bCr~m~b ~saurm


rrarrrmn~ rnn












(h) this general permit shall only authorize utility
installations extending from bank to opposite bank on a particular
waterway. The placement of utility lines parallelling the
watercourse alignment is not authorized; and
(i) placement of the utility line shall not result in a
navigational hazard. Customary navigation through the waterway
shall be maintained at all times during installation.
(2) This general permit shall be subject to the following
specific conditions:
(a) Measures shall be taken to prevent violations of
state water quality standards during and after construction arising
from the work, such as the use of turbidity curtains, staked filter
cloth, and staked hay bales. Where turbidity curtains, filter
cloth, hay bales, and similar structural measures are not
sufficient to contain turbid runoff, additional measures, such as
restricting work to periods of low flow and dry season months,
shall be taken to ensure that construction can be performed in a
manner which will not violate water quality standards; and
(b) All erodible ground areas and slopes disturbed
during construction shall be revegetated with sod, mulch, seed,
wetland species, or otherwise stabilized within 72 hours after
installation of the utility line and at any other time as necessary
to prevent violations of state water quality standards in wetlands
or other surface waters;
(c) Temporary or permanent spoil disposal sites shall be
located exclusively on uplands, and shall be sited or designed to
prevent violations of state water quality standards in wetlands or
other surface waters;
(d) The utility crossing shall be designed in accordance
with generally recognized practices of sound engineering; and
(e) Signs shall be installed and maintained at
conspicuous locations to identify the alignment and type of the
utility line within wetlands or other surface waters.
(3) For purposes of this section, utility crossings or lines
include: crossings and lines transporting potable water, raw non-
waste water including well water and reservoir water, domestic
waste water; electrical power cables and conduits that are not
subject to sections 403.52 403.539, F.S.; and telephone and other
electronic communication cables and conduits.


400-26


OCTOBER 1995


~e~`Z~bh'*~iC~,~I~~~~, b~e~r\TTb~~ ~Fb~Tr~


CHAPTER 400










OCTOBEflIR1 19QRVTI MWNI A r%=AVMWV Ann


Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

40D-400.463 General Permit for the Construction and Operation
of Culverts and Associated Water Control Structures in Mosquito
Control Impoundments by Governmental Mosquito Control Agencies.
(1) A general permit is hereby granted to any governmental
mosquito control agency to construct and operate culverts and
associated water control structures for the control of water levels
in mosquito control impoundments, provided:
(a) the construction or operation of the culvert and
associated water control structure is done only to provide improved
transport of tidal water and organisms between the impounded
wetland and adjacent surface waters or between cells within
existing mosquito control impoundments for the purpose of improving
water quality and the quality of fish and wildlife values;
(b) this general permit does not authorize the
construction or operation of culverts and associated water control
structures for the purpose of facilitating aquaculture;
(c) the construction or operation of culverts and
associated water control structures is not required as mitigation
under Part IV of Chapter 373, F.S.;
(d) access for the construction or operation of the
culverts and associated water control structures does not require
dredging or filling in wetlands or other surface waters or
equipment access through wetlands;
(e) culverts and associated water control structures
shall be installed in locations that restore historic flow
patterns, such as at or adjacent to historic locations of tidal
creeks, and shall be located and operated such that water quality
standards for dissolved oxygen shall not be violated in the
receiving waters outside the impoundment;
(f) culverts and associated water control structures
shall either be left open year-round or shall be only seasonally
closed as necessary to control mosquito breeding and to minimize
the application of pesticides;
(g) this general permit does not constitute
authorization to enter upon the property of others to perform
activities authorized by this permit; and


400-27


OCTOBER 1995


ENVIRONMENTAL RE T


CHAPTER 400









OCTOBER 1995 ENVIRONMENTAL RESOURCE PERMIT CHAPTER 400

(h) this general permit does not authorize the
construction of culverts or water control structures in the
locations of existing breaches of the impoundment dike.
(2) This general permit shall be subject to the following
specific conditions:
(a) culverts and associated water control structures
shall be made of a corrosion resistant material;
(b) the diameter and invert elevation of the culverts
and associated water control structures shall be sufficient to
maintain flow and prevent scouring under expected hydrologic
conditions; and
(c) within 72 hours after construction of each culvert
and associated water control structure, and at any other time as
necessary to prevent erosion, siltation and turbidity that causes
violations of state water quality standards in wetlands or other
surface waters, the wetlands disturbed by construction shall be
stabilized with indigenous wetland vegetation or clean rip rap, and
the uplands disturbed by construction shall be stabilized with
vegetation, rip rap, or other means.
(3) The District shall send a copy of the notice to use this
general permit to the Chairman of the Subcommittee on Managed
Marshes which is established under section 388.46, F.S.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

40D-400.467 General Permit for Breaching Mosquito Control
Impoundments by Governmental Mosquito Control Agencies.
(1) A general permit is hereby granted to any governmental
mosquito control agency to breach mosquito control impoundments,
provided:
(a) the work is done only to provide improved transport
of tidal water and organisms between the impounded wetland and
adjacent surface waters or between cells within existing mosquito
control impoundments for the purpose of improving water quality and
the quality of fish and wildlife values;
(b) the construction of the breaches is not required as
mitigation under Part IV, Chapter 373, F.S.;
(c) access for the construction of the breaches does not
require dredging or filling in wetlands or other surface waters, or
equipment access through wetlands;


400-28










ocTRR Q ~ RVR(hM!Th. U~T~t~!--- -- ----.--------. ------. -- .-w>.. s.rc ~ ,

(d) the breaches shall be installed in locations that
restore historic flow patterns, such as at or adjacent to historic
locations of tidal creeks, and shall be located so as to prevent
violations of the water quality standards for dissolved oxygen in
the receiving waters outside the impoundment; and
(e) this general permit does not constitute
authorization to enter upon the property of others to perform
activities authorized by this permit.
(2) This general permit shall be subject to the following
specific conditions:
(a) spoil material excavated during construction of the
breaches shall be handled and deposited in such a manner as to
prevent violations of the water quality standards for turbidity and
shall be contained in an upland disposal site; and
(b) within 72 hours after construction of any breach,
and at any other time as necessary to prevent erosion, siltation
and turbidity that causes violations of state water quality
standards in wetlands or other surface waters, the wetlands
disturbed by construction shall be stabilized with indigenous
wetland vegetation or clean rip rap, and the uplands disturbed by
construction shall be stabilized with vegetation, rip rap, or other
means.
(3) The District shall send a copy of the notice to use this
general permit to the Chairman of the subcommittee on Managed
Marshes established under section 388.46, F.S.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

40D-400.475 General Permit for Minor Activities.
(1) A general permit is hereby granted for the construction,
alteration, maintenance, operation, abandonment and removal of the
following minor systems:
(a) piling supported structures of less than 1,000
square feet over wetlands or other surface waters which are not
designated Outstanding Florida Waters;
(b) piling supported structures of less than 500 square
feet over wetlands or other surface waters in an Outstanding
Florida Water;
(c) dredging or filling of less than 100 square feet of
wetlands or other surface waters; or


400-29


OCTOBER 1995


T~NTT~nhlMk~UF~r. 'D12CnfTD~1~ DI~~~T~I


CHAPTER 400









OCTOBER 1995


.LA4vEnUTInMd.A_ ZLQVnovu.a L.en-LmiV CHATER 400


(d) less than 4,000 square feet of impervious surface in
uplands, that is subject to vehicular traffic such as roads,
parking lots and driveways and less than 9,000 square feet total of
impervious surface in uplands;
(e) maintenance dredging of 50 cubic yards or less of
material from surface waters other than wetlands; provided the
dredged material is placed in uplands and turbidity control
measures are employed to prevent return water from causing a
violation of water quality standards; or
(f) a single family residence that is not part of a
larger plan of common development proposed by the applicant,
including the associated residential improvements such as a
driveway, garage and an on-site sewage disposal system, provided:
1. this paragraph shall not apply to property
which was part of a tract of land that was divided 'into two or more
parcels after July 1, 1994;
2. this paragraph shall not apply to construction
or alteration in surface waters other than isolated wetlands or any
wetlands in an Area of Critical State Concern;
3. dredging and filling of isolated wetlands shall
be limited to only those areas required for siting the portions of
the residence and associated residential improvements which cannot
be sited in uplands because there is an insufficient unrestricted
area of uplands.within the contiguous ownership of the applicant on
which the residence and associated residential improvements can be
located. On-site sewage disposal systems shall be constructed in
uplands unless there is an insufficient unrestricted area of
uplands within the contiguous ownership of the applicant on which
such disposal system can be located. For the purposes of this
paragraph, "unrestricted area of uplands" means an area of uplands
which is not restricted by easement, deed restriction, local
government regulation, or similar restriction which would prevent
the activities authorized under this paragraph and which is
configured such that all or part of the residence and associated
residential improvements can be constructed in the uplands. An
area of uplands will only be considered restricted if all available
variance or waiver procedures have been exhausted; and
4. the total area of dredging or filling in
isolated wetlands for the residence and associated residential
improvements shall not exceed 4000 square feet; and the total area
of clearing in wetlands (including the dredging and filling for the


400-30


~~~~~Ll~rmI2 ~~nAII~AI~ rr~~rrrm


Cm----- rrr












residence and associated residential improvements) shall not exceed
6000 square feet on the contiguous property owned by the applicant.
(2) In order to qualify for this general permit, an applicant
must provide reasonable assurance that the proposed system:
(a) does not significantly impede navigation and does
not entail the construction of a structure for the launching or
mooring of a boat when navigational access to the structure does
not currently exist;
(b) does not cause a violation of state water quality
standards;
(c) does not impede the conveyance of a stream, river or
other watercourse in a manner that would increase off-site
flooding;
(d) does not adversely impact aquatic or wetland
dependent listed species;
(e) does not cause the drainage of wetlands;
(f) is not located in, on or over a coral community,
macro-marine algae or submerged grassbed community. For the
purposes of this general permit, macro-marine algae community shall
not include algae unattached to the bottom, nor shall it include
algae growing landward of the mean high water line or growing as an
epiphyte on woody plants.
(3) This general permit shall be subject to those additional
reasonable conditions which the District finds necessary to insure
compliance with the criteria provided in subsections (1) and (2),
above.
(4) Persons wishing to qualify for this general permit must
file an Application describing the proposed activities and
providing plans and other information necessary to evaluate the
potential for adverse impacts from the proposed activities. Any
person proposing a system described in paragraph (1) (f) above,
shall submit tax parcel information or other documentation,
sufficient to establish that the property is not part of a tract of
land that was divided into two or more parcels after July 1, 1994.
The District will provide written notification to the applicant
whether the proposed activity qualifies for this general permit
within 30 days of submittal of the Application. The proposed
activity shall not commence until the District has provided written
notice that the applicant qualifies for the general permit.
(5) A determination that an activity qualifies for a General
Permit for a minor activity applies only to the actual

400-31


OCTOBER 1995


liMVTPn~kl~T~P~T. DPdnTID~F ~~bUl~r


CHIT nw A4r











circumstances involving the site specific activity, location,
method of construction or operation of the specific activity and
the other design and operation features of the specific activity.
(6) This general permit shall not be applicable to any parcel
of property which has been the subject of the successive
Applications under this section within a three year period where
the combination of activities to be conducted pursuant thereto
exceeds the thresholds in subsection 40D-400.475(1).
(7) The provisions of paragraph (1)(f) do not supersede the
exemption set forth in section 403.813(2) (q), F.S.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

40D-400.483 General Permit to the Department to Conduct Minor
Activities.
(1) A general permit is hereby granted to the Department to
conduct the activities described below:
(a) the repair, replacement or alteration of any
existing bridge, levee, dam, pump station, lock, culvert, spillway,
weir, or any other water control structure with structures of the
same design or of a comparable design, provided that the maximum
discharge rate capacity and control elevation do not exceed that of
the structure to be replaced. Minor deviations in the structure's
design are authorized, including those due to changes in materials,
construction techniques, or current construction codes or safety
standards. Associated construction activities authorized by this
permit include temporary fill plugs or cofferdams, upland bypass
channels, channel shaping needed to accommodate the repair,
replacement or alteration of the structure, and channel and bank
stabilization, including riprap within 200 feet of the structure.
Replacement may occur at the same site, or adjacent to the original
structure. The area of wetlands or other surface waters from which
material is to be dredged or filled shall not exceed a total of 0.5
acres for any one structure;
(b) canal bank and bottom stabilization necessary to
repair erosion damage and restore previously existing canal
configurations. Authorized repair methods include placement of
riprap, sand cement toe walls, clean fill material, poured
concrete, geotechnical textiles or other similar stabilization
materials. The distance to be restored or repaired shall not


400-32


OCTOBER 1995


ENVIRONMENTAL RE T


CRAPTE 400










OCTQVV 1 QR -hm g-ii- -=vo 11-us ZAPTER 400m V%


exceed 2000 feet at any one location along canal banks and 500 feet
along canal bottoms; and
(c) aerial pipeline crossings (including support piles)
of man-made canals consistent with the provisions of section
40D-400.455, F.A.C., except that the width of the crossing may be
up to 200 feet.

Specific Authority 373.026, 373.043, 373.044, 373.046, 373.118,
373.406, 373.414, F.S. Law Implemented 373.019, 373.026, 373.043,
373.046, 373.109, 373.117, 373.118, 373.119, 373.123, 373.129,
373.136, 373.403, 373.409, 373.413 443, F.S. History--New:
10-3-95.

40D-400.485 General Permit to the Department for
Environmental Restoration or Enhancement.
(1) A general permit is hereby granted to the Department for
the construction, alteration, operation, maintenance, removal and
abandonment of systems to implement Department environmental
restoration or enhancement projects.
(2) In order to qualify for this general permit, the
environmental restoration or enhancement project must comply with
any one of the following procedures:
(a) The project is part of a Surface Water Improvement
And Management Plan developed pursuant to section 373.453, F.S.,
that is reviewed by the Department and approved by a Water
Management District in accordance with section 373.456, F.S.; or
(b) The project is approved by the Secretary of the
Department after conducting at least one public meeting; or
(c) The project is wholly or partially funded by the
Department through the Pollution Recovery Fund pursuant to section
403.165, F.S., or the Water Resources Restoration and Preservation
Act pursuant to 403.0615, F.S.
(3) This general permit shall be subject to the following
specific conditions:
(a) A project under this general permit shall not
significantly impede navigation.
(b) All erodible ground areas and slopes disturbed
during construction shall be revegetated with sod, mulch, seed,
wetland species, or otherwise appropriately stabilized within 72
hours after completion of the activity authorized under this


400-33


OCTOBER 1995


~r~ZTD~M~T~~t. bfc~r\rmrr~ a~aurm


rml~m~a Ann










Oe-TWAQVW*Q I Q Or eU!TTDi4tWM'N r.rVVV A ArLTDr'~ nD'


general permit and at any other time as necessary to prevent
violations of state water quality standards.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

40D-400.487 General Permit to the Department to Change
Operating Schedules for Department Water Control Structures.
(1) A general permit is hereby granted to the Department to
change the operating schedules for existing water control
structures that are owned or operated by the Department, when such
changes are for the purpose of environmental restoration or
enhancement.
(2) The Department shall hold at least one public meeting
concerning the proposed operating schedule prior to its approval.

Specific Authority 373.026, 373.043, 373.044, 373.046, 373.118,
373.406, 373.414, F.S. Law Implemented 373.019, 373.026, 373.043,
373.046, 373.109, 373.117, 373.118, 373.119, 373.123, 373.129,
373.136, 373.403, 373.409, 373.413 443, F.S. History--New:
10-3-95.

40D-400.495 General Permit to U.S. Forest Service for Minor
Works within National Forests.
(1) A general permit is hereby granted to the U.S. Forest
Service to conduct the works described below:
(a) bathing beach restoration at developed recreation
sites where maintenance dredging is less than 100 cubic yards per
year and less than 100 cubic yards per single occurrence;
(b) dock construction, replacement and maintenance for
docks of up to 1000 square feet of surface area over wetlands and
other surface waters, in Outstanding Florida Waters and Outstanding
National Resource Waters subject to restrictions listed in Section
403.813(2) (b) and (d), Florida Statutes;
(2) This general permit is subject to the following specific
condition:
The U.S. Forest Service or its contractors shall utilize
turbidity control measures while dredging or filling within
wetlands and other surface waters to prevent violations of state
water quality standards.


400-34


OCTOBER 1995


ENVIRONMENTAL RE T


CHAPTER 400










- a-== nam.!=:R =.sai. J. CHAPT 400V


Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95.

40D-400.500 General Permit for Construction, Operation,
Maintenance, Alteration, Abandonment or Removal of Minor
Silvicultural Surface Water Management Systems.
(1) Subject to the requirements of this section, a general
permit is hereby granted to:
(a) any person constructing, operating, maintaining
(including repairing or replacing), altering, abandoning, or
removing surface water management systems which:
1. are not exempt under section 40D-4.051, F.A.C.;
2. meet the permit thresholds set forth in section
40D-4.041, F.A.C.;
3. meet the terms and conditions specified in
subsections (4), (5) and (6) of this section; and
4. are designed to place the property into
silvicultural use or to perpetuate the maintenance of this property
in silvicultural use.
(b) the U.S. Forest Service to construct, operate,
maintain, alter, abandon, or remove surface water management
systems which:
1. are not exempt under section 40D-4.051, F.A.C.;
2. meet the permit thresholds set forth in section
40D-4.041, F.A.C.;
3. meet the terms and conditions specified in
subsections (4), (5) and (6) of this section.
(2) No construction, operation, maintenance (including repair
or replacement), alteration, abandonment, or removal of the minor
silvicultural surface water management system described in
subsection (1) of this section, shall commence until a completed
Application with appropriate supplements attached is received by
the District. Applicants may also submit annual schedules of
proposed silvicultural surface water management systems that meet
the requirements of Part II of this chapter, including completed
permit applications for each activity. The construction,
operation, maintenance, alteration, abandonment or removal shall
only be authorized when the Application is received by the District
and provided the proposed activity qualifies for the general permit
pursuant to this section and the conditions of issuance are
followed.


400-35


OCTOBER 1995


~li~Tt~TDr\~T1C~.~lr'Ar ~~e~r\Tmrr~ ~~~UTm


~f~Lhm~~ Ann










:& aE_'V-Xmamma4 aoQse4 en&m" CHAPTER 400
AP'PAAU!D 10 MO ~Y~#


(3) The Application shall include the information contained
in the appropriate District form identified in Chapter 40D-1,
F.A.C.
(4) This general permit shall be for any of the following
minor silvicultural surface water management systems:
(a) A permanent culverted fill road with a road surface
of 28 feet or less in width placed in or crossing a stream or other
watercourse of less than ten (10) cubic feet per second average
discharge at the location of the work or with a drainage area
upstream of the work of less than ten (10) square miles. The
design of the work must allow for conveyance of normal flows and
for overtopping during large storm events, and any fill placed in
wetlands associated with the stream or other watercourse must be
less than one-half (1/2) acre in area. Under this paragraph, the
fill. material shall be no more than twenty-four (24) inches above
culvert structures. The fill material on the road approaches shall
be no more than twenty-four (24) inches above grade except within
an area of one hundred (100) feet of either side of a culvert. The
road must be designed with culvert inlets positioned at or below
natural grade of the bed of the stream or other watercourse to
prevent the permanent impoundment of water, and to provide an
overflow area or areas which will prevent erosion and adverse
effects to water levels upstream and downstream of the road.
(b) A temporary culverted fill road or a temporary
bridge up to 50 feet long, with a road surface of 28 feet or less
in width placed in or crossing a stream or other watercourse of
less than ten (10) cubic feet per second average discharge at the
location of the work or a drainage area upstream of the work of
less than ten (10) square miles. The design of the work must allow
for conveyance of existing flow during the period of installation
and use and any fill placed in wetlands associated with the stream
or other watercourse must be less than one-half (1/2) acre in area.
The work must be designed only to facilitate the temporary movement
of equipment and must be removed immediately after the operation
for which the crossing was needed is complete or within thirty (30)
months of the filing of the Application in subsection (3),
whichever is sooner.
(c) A permanent bridge up to 100 feet in length and 28
feet or less in width supported on pilings or trestles, placed in
or crossing a stream or other watercourse of less than ten (10)
cubic feet per second average discharge at the location of the work


400-36


OCTOBER 1995


----- "AA










I9rrm~r rmnv AIn


!: A T c --P--R0 --0-. A r.&.L. L _AMX -U

or with a drainage area upstream of the work of less than ten (10)
square miles. The design of the work and associated approach
roads, if any, must allow for conveyance of normal flows and for
overtopping during large storm events and any fill placed in
wetlands associated with the stream or other watercourse must be
less than one-half (1/2) acre in area. The height limitation for
fill on the bridge approach roads shall be a maximum of twenty-four
(24) inches above natural grade.
(d) A permanent culverted fill road or bridge with a
road surface of 28 feet or less in width, placed in or crossing a
wetland or other impoundment, excluding reservoirs created by dams,
where less than one half (1/2) acre of fill is placed in the
wetland or other impoundment. Such crossings must be located in a
manner which minimizes the area of wetlands being filled.
(e) Temporary stream channel diversions necessary to
complete the works described in paragraphs (4) (a), (b), or (c)
above, provided that the area used for the temporary diversion is
restored to its previous contours and elevations.
(f) Clearing and snagging in a stream or other
watercourse within fifty (50) feet of the center line of a
culverted fill road or a bridge described in paragraphs (4) (a),
(b), or (c) above, necessary to construct said work.
(g) A permanent low water, hard surfaced crossing in a
stream, other watercourse, wetland or other impoundment consisting
of the placement of rock or similar material no more than twelve
(12) inches higher than the bed of the stream, other watercourse or
impoundment. Such crossings must be designed only to facilitate
the movement of equipment by creating a stable foundation in
shallow streams, other watercourses, wetlands or other
impoundments. Temporary low water, hard surfaced crossings may be
constructed using logs, but must be removed immediately following
the completion of the silvicultural operation or within thirty (30)
months of the filing of the Application in subsection (3),
whichever is sooner.
(h) Upland field ditches of a temporary nature to
facilitate only harvesting, site preparation, and planting, with a
maximum cross-sectional area of eighteen (18) square feet spaced no
closer than six hundred and sixty (660) feet from any other
parallel ditch. After seedling establishment, the ditches shall be
allowed to revegetate naturally. The permitted will not be
required to fill field ditches after seedling establishment.


400-37


OCTOBER 1995


e~n~TDn~TUe~Tr~~~ b~e~r~mrrb ~b~ulm












(i) Above grade, unpaved, upland silvicultural roads
with an average road surface width of twenty-eight (28) feet within
a construction corridor up to fifty (50) feet in width. These
roads must also incorporate sufficient culverts at grade to prevent
alteration of natural sheet flow and may have associated borrow
ditches. Road ditches shall be constructed only to obtain road
material for the associated road and to provide only enough storage
to maintain a dry road surface. Such road ditches must not
provide drainage to the tract adjoining the road, other than to
provide drainage of the road surface and minor, incidental drainage
of abutting lands. These road ditches may be connected to other
roadside ditches that were constructed pursuant to this section but
must not connect directly or indirectly to any works on-site or
off-site which are designed or constructed to provide drainage or
conveyance or which would result in drainage or conveyance. Road
ditches must be separated from wetlands and other surface waters by
a buffer strip of indigenous ground cover and a water turnout prior
to said buffer strip. However, road ditches may discharge directly
to a wetland when the slope of the uplands within 1000 feet of the
edge of the wetland is equal to or less than two (2) percent,
provided the ditch does not result in drainage of the wetland and
provided that the ditch does not create a hydrologic connection
between two or more wetlands. The width of the buffer strip shall
be no less than 35 feet, or 50 feet when located adjacent to an
Outstanding Florida Water, an Outstanding National Resource Water,
or Class I waters.
(j) Upland borrow areas needed to obtain fill material
for crossings authorized by this noticed general permit of streams,
other watercourses, wetlands and other impoundments. These upland
borrow areas must not provide drainage and must not be
hydrologically connected to roadside ditches or field ditches.
(5) In order to qualify for this general permit, the systems
identified in subsection (4) of this section must meet the
following performance standards:
(a) Except for those areas to be filled for crossings as
provided in this section, the proposed activities must not convert
wetlands or other surface waters to uplands.
(b) A road or bridge must be designed to convey normal
water flow while being adequately stabilized to allow for
overtopping during storm events without washing out.



400-38


OCTOBER 1995


I;IM~tTPn~T~3~T~~t. P~CQntTP~I~ bFD~RT~


CHAPTER 400










------- ------------rl-.--~~C~ --------~~ LYIY -- ~ ~ C~l~

(c) A permanent road or bridge placed in or crossing a
stream, other watercourse, wetland or other impoundment may be
placed no closer than one half (1/2) mile from any traversing work
which traverses the same stream, other watercourse, wetland or
impoundment. A low water crossing or temporary road or bridge
placed in or crossing a stream, other watercourse, wetland or other
impoundment may be placed no closer than one quarter (1/4) mile
from any traversing work which traverses the same stream, other
watercourse, wetland, or other impoundment. The spacing limitation
shall be measured along the stream, other water course, wetland or
other impoundment. Notwithstanding the spacing limitation in this
paragraph, at least one low water crossing, road or bridge crossing
of any stream, other watercourse, wetland or other impoundment may
be constructed to each upland area being managed for silviculture
that would not otherwise be accessible if these spacing limitations
were met.
(d) A low water crossing, road, or bridge placed in or
crossing a stream, other watercourse or impoundment must not cause
increased velocities downstream of the work that would cause scour
outside of the area of clearing and snagging described in paragraph
(4) (e) above.
(e) A low water crossing, road, or bridge placed in or
crossing a stream, other watercourse or impoundment must not cause
increased flooding on property not owned by the permitted.
(f) Erosion control measures must be undertaken to limit
the transfer of suspended solids into the receiving waterbody
during and after construction of the proposed work. After removing
any temporary crossing, disturbed portions of the stream bank and
stream channel shall be restored to approximate their original
shape and flow capacity. Erodible ground area associated with the
crossing shall be stabilized with rip-rap, mulch or seeded for
appropriate ground cover vegetation within 72 hours after removal.
(g) Upland field ditches may connect only to works which
are permitted by the District or are exempt from permitting by the
District and only if the connection will not cause the work to
exceed its conveyance capacity or to increase flooding on property
not owned by the permitted; however, this section does not
authorize connection to works without the consent of the owner of
the work. Field ditches will be presumed to meet the erosion
control requirements of subparagraph (5) (f), above when they are
separated from streams, other watercourses, wetlands or other


400-39


OCTOBER 1995


KNVTRAM~u~i~I~P~t. P~CnRP~I~ DFPAIT~I


CHAPTER 400










nomrnum Q Q ..l7TRr.T ....... .' wT ..P...


impoundments by a buffer strip of undisturbed vegetation and
provided the integrity of this buffer is maintained. The width of
the buffer strip shall be the width of the total Special Management
Zone (primary zone and secondary zone) as described in the
"Silviculture Best Management Practices Manual" referenced in
paragraph (h). However, field ditches may discharge directly to a
wetland when the slope of the uplands within 1000 feet of the edge
of the wetland is equal to or less than two (2) percent, provided
the ditch does not result in drainage of the wetland and provided
that the ditch does not create a hydrologic connection between two
or more wetlands.
(h) In addition to the performance standards set forth
in (a)-(g) above, the applicant, in undertaking the activities
authorized herein, must utilize the best management practices set
forth in "Silviculture Best Management Practices Manual" (1993)
published by the Division of Forestry, Florida Department of
Agriculture and Consumer Services.
(i) If climatic or flow conditions prevent the removal
of a temporary crossing within the time frame specified in this
section, the applicant may submit another application to extend the
time period for removal and restoration of the temporary crossing.
The applicant must provide a written explanation and evidence
supporting the need to reauthorize the crossing and must specify
the additional time needed to remove the crossing, which may not
exceed one year.
(6) The duration of the general permit authorized in this
section is:
(a) For construction, alteration, abandonment, or
removal of the silvicultural surface water management system: one
(1) year to complete the permitted activity;
(b) For operation or maintenance of the silvicultural
surface water management system: permanent.

Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented
373.413, 373.414,' 373.416, 373.419, F.S. History--New: 10-3-95.


400-40


CHAP TER 4 0 0


OC TOBER 19 9 5


li~lVVTPnhTMli~~iTC~~T. PR.C~~T~T~)PR DTil~)MT'~




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