Title: St. Johns River Water Management District - Proposed Rules
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 Material Information
Title: St. Johns River Water Management District - Proposed Rules
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - St. Johns River Water Management District - Proposed Rules (JDV Box 95)
General Note: Box 20, Folder 2 ( Water Management Districts - ERP'S - 1994 ), Item 3
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004332
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text






I


representa1 ve: and
(c) Provide quested information pertaining to employer
responsibilities s cified in this rule chapter.
(3) The evalu tion of an employer shall be conducted at
the employer's plac of business.
Specific Authority 44 008(1).(2). 442.006(1).(2). 442.20(2) FS. Law
Implemented 442.008(1 (2). 442.006(1).(2). 442.20(1) FS. History-
New Note: The legislature amended or created most cited sections
during the 1993 special session. See ch. 93-415, Laws of Fla.

381-74.099 Penalties.
An employer who viola es this rule chapter shall be subject to
penalties authorized by te Act or division rule, provided that
an employer who vi ates rule 381-74.003 (employer
requirements) shall be assessed $500 for each day the
employer fails to comply vith any section of that rule, not to
exceed $50,000 for a continung violation.
Specific Authority 442.013, 442.019 S. Law Implemented 442.013. 442.019
FS. History-New Note: 1e legislature amended or created most
cited sections during the 1993 social s sion. See ch. 93-415, Laws of Fla.

NAME OF PERSON ORIGI TING PROPOSED RULE:
Kris Bancroft, Senior Program Dvelopment Analyst, Division
of Safety.
NAME OF SUPERVISOR OR PE SON WHO APPROVED
THE PROPOSED RULE: Rick aiello, Acting Director,
divisionn of Safety.
DATE PROPOSED RULE APPROVE D: April 26, 1994.

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District
RULE CHAPTER TITLE: RULE CHAPTER NO.
Organization and Procedure 40C-1
RULE TITLES: RULE NOS.:
PART I ORGANIZATION
Definitions 40C-1.002
Interagency Agreements 40C-1.106
Forms and Instructions 40C-1.181
PART VI LICENSES AND PERMITS
General 40C-1.601
Licenses or Permits Required 40C-1.602
Fees 40C-1.603
Conceptual Approval Permit Procedures 40C-1.604
Application Procedure 40C-1.605
Denial of a License or Permit 40C-1.608
PURPOSE AND EFFECT: The proposed amendments
conform this chapter to simultaneously proposed changes to
chapter 40C-4, F.A.C., the proposed repeal of chapters 40C-6
and 40C-43, F.A.C., and the proposed creation of chapter
40C-400, F.A.C.
SUMMARY: The proposed change to section 40C-1.106,
"'A.C., incorporates by reference a new proposed operating
agreement between the St. Johns River Water Management


District and the Department of Environmental Protection
regarding regulatory responsibilities under Part IV of Chapter
373, F.S. The changes to section 40C-1.603, F.A.C., create fees
for variances associated with an environmental resource permit
and for noticed general permits under new chapter 40C-400,
F.A.C. The proposed changes revise the District's fees for
individual and conceptual permits under chapter 40C-4,
F.A.C., and for general permits under chapter 40C-40, F.A.C.
Section 40C-1.181, F.A.C., Forms and Instructions, is
proposed to be repealed because the forms and instructions
referenced therein have previously been transferred to the
relevant substantive rule chapters. The remaining proposed
changes to chapter 40C-1, F.A.C., address certain procedures
pertaining to permit processing and conform this chapter to
simultaneously proposed changes to chapter 40C-4, F.A.C.,
and the proposed repeal of chapters 40C-6 and 40C-43, F.A.C.
SPECIFIC AUTHORITY: 120,53(1), 373.044, 373.046(4),
373.109, 373.113, 373.421(2) FS.
LAW IMPLEMENTED: 120.53, 373.046, 373.109, 373.413,
373.416, 373.421(2)-(7), 373.426 FS.
A PUBLIC HEARING WILL BE HELD AT THE TIME,
DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 11:00 am., June 8, 1994
PLACE: St. Johns River Water Management District, Highway
100 West, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED REVISIONS IS: Jeff Elledge, Director,
Department of Resource Management, St. Johns River Water
Management District, P.O. Box 1429, Palatka, Florida
32178-1429, (904) 329-4203.
THE FULL TEXT OF THE PROPOSED RULES ARE:
40C-1.002 Definitions.
Definitions in chapters 120, 373, and 403, F.S. and all other
District rules promulgated to implement the Florida Statutes
shall apply in this chapter. The following words and phrases
shall have the meanings set forth below unless a different
meaning is plainly required by the context:
(1) No change.
(2) "Department" means the Department of Environmental
Protection Regulation.
(3) through (7) No change.
Specific Authority 373.044, 373.113 FS. Law Implemented 120.52. 373.019,
373.203, 373.303, 373.403, 403.031, 403.803, 403.911, FS. History-New
1-22-76, Amended 3-1-77, Formerly 161-1.03, 40C-1.03, 40C-1.031,
Amended 8-1-89.__

40C-1.106 Interagency Agreements.
(1) through (2) No change.
(3) The following agreements have been entered into by
the District and are hereby incorporated by reference:


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(a) through (g) No change.
(h) Operating Agreement concerning Regulation under
Part IV, Chapter 373, F.S., Management and Storage of Surface
Waters Regulation and Wetland Resource Regulation between
St. Johns River Water Management District and Department of
Environmental Protection Regulation dated 8--28-92.
(i) through (1) No change.
Specific Authority 373.044, 373.046, 373.113 FS. Law Implemented 120.53,
373.016, 373.046, 373.103 FS. History-New 8-1-89. Amended
11-12-92 .

40C-1.181 Forms and Instructions.
Specific Authority 120.53(1), 373.044, 373.113, 373.118 FS. Law
Implemented 120.52(16), 120.53(1), 373.085, 373.103, 373.106, 373.116,
373.118, 373.229, 373.413 FS. History-New 1-15-80, Amended 1-1-83,
12-7-83, Formerly 40C-1.18, Amended 4-1-86, 10-11-87, 10-17-88, 8-1-89,
10-19-89, 5-30-90, Repealed

40C-1.601 General.
(1) No change.
(2) The procedures in Part VI of this chapter govern the
processing of applications for permits and licenses by the
District unless more specific procedures are set forth in other
District rules.
()(2-) No change.
Specific Authority 120.53(1), 373.044, 373.113, 373.171 FS. Law
Implemented 120.60, 373.083, 373.171 FS. History-New 8-1-89, Amended

40C-1.602 Licenses or Permits Required.
Unless expressly exempted by law or District rule, permits or
licenses must be obtained from the District prior to
commencement of the following activities:
(1) A consumptive use permit, pursuant to chapter 40C 2,
F-A-., must be obtained prior to certain a diversions or
withdrawals of water as specified in chapter 40C-2, F.A.C.
(2) A well construction permit, pursuant to chapter 40C 3,
FAtC., must be obtained prior to construction, repair or
abandonment of certain any water wells as specified in chapter
40C-3, F.A.C.
(3) No change.
(4) An environmental resource management and storage of
surface waters individual or general permit, pursuant to
chapters 40C-4, and 40C-40, and 40C-400. F.A.C., must be
obtained prior to construction, alteration, operation,
maintenance, removal, or abandonment of certain any
stormwater management systems, dams, impoundments,
reservoirs, or appurtenant works or works, including dredging
or filling, as specified in the referenced rules.


(5) An environmental resource management and storage of
surfaee-weter conceptual approval permit, pursuant to chapter
40C-4, F.A.C., may be obtained for any proposed surface water
management systems as specified in chapter 40C-4, F.A.C. No
construction is authorized by a conceptual approval permit.
(6) No change.
(7) A work of the District prmit, pursuant to chapter
0C 6, F.A.C., must be obtained prior to connecting works to,
making use of, altering, removing works from, or pling
works within, on or across a work of the District.
(7)(8) An environmental resource steffmwater
management system permit, pursuant to chapter 40C-42,
F.A.C., must be obtained prior to construction or modification
of certain a new stormwater management systems or
modification of certain an existing stormwater management
systems, as specified in chapter 40C-42, F.A.C.
(8}(9) An environmental resource permit, pursuant to
40C-42.0265, F.A.C., which provides for the discharge of
stormwater to wetlands, must be obtained prior to the
construction or modification of such a stormwater system as
specified in chapter 40C-42, F.A.C.

(10) A general permit after soce, ariturant to chapter
4 43, F.A.C., must b obtained prior to opnserauction and
mateonmaintenancer, altercation, arbandinmnt, r rface m al
f a minor silvicultural surface e water manageemes snt system
(11) A dredge and fill permit, pursuant to chapters 17 4
and 17 12, F.A.C., as delegated to the District by the
Department ef Environmental Regulation in section
17 101.040, F.A.C., and in agreements identified in this
chapter must be btined frm the Distinet prio the dredging
and filling.
f1(4)-2 An environmental resource agricultural surface
water management system permit for the operation and
maintenance of certain existing agricultural surface water
management systems and for the construction of certain new
agricultural surface water management systems pursuant to
chapter 40C-44, F.A.C., must be obtained from the District in
order to discharge wastes into waters of the state from such a
system.
Specific Authority 120.53(1), 373.044, 373.113 FS. Law Implemented
373.085, 373.103, 373.106, 373.118, 373.171. 373.219, 373.308, 373.323,
373.413, 373.416, 373.426 403.812 FS. History-New 1-22-76. Amended
1-15-80. Formerly 161-1.04, 40C-1.04, 40C-1.041. Amended 8-1-89, 8-11-91,
9-25-91 .

40C-1.603 Fees.
A fee is required and shall be paid to the District when certain
applications or petitions are filed pursuant to District rules or
permit programs delegated to the District. Effective October 1,


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1990, governmental entities shall be required to submit the fees
established. This fee recovers some of the District's costs of
processing applications. The fee schedule is:
(1) through (3) No change.
(4) Chapter 40C-4, F.A.C., environmental resource
management and storage of sft ace ,atU permits:
(a) Individual and conceptual permits
1. Systems which do not involve dredging or filling in
wetlands or other surface waters $2500
2. Systems which involve:
a. The construction of docking facilities that provide 10 or
more new boat slips $6500
b. Dredging and filling of less than ten acres of wetlands
and other surface waters $3.500
c. Dredging and filling of ten acres or more of wetlands
and other surface waters $6,500
(b) and (c) No change.
(d) Applications for modifications of individual ei
conceptual perits or conceptual approvals, where the total
land area of the project is inoacd $2,000
(e) Applications f orindividual p.rm.it. which ould
otherwise qualify for general permit except they do net meet
the provisions of 40C 4 :0.302(2)(e) $ GO
(d)(4) Chapter 40C-40, F.A.C., standard general
environmental resource permits -$70
1. Systems which do not involve dredging or filling in
wetlands or other surface waters $700
2. Systems which involve dredging or filling in wetlands
or other surface waters and have a project area of 40 acres or
more $1200
3. Systems which involve dredging or filling in wetlands
or other surface waters and have a project area of less than 40
acres and more than one acre $700
4. Systems which involve dredging or filling in wetlands
or other surface waters and have a project area of less than or
equal to one acre $500
(e) Chapter 40C-400, F.A.C., noticed general
environmental resource permits set forth in sections
40C-400.417 through 40C-400.499, F.A.C. $100
(f) Variances associated with an environmental resource
permit application:
1. Variances from paragraph 12.2.5(c), Applicant's
Handbook: Management and Storage of Surface Waters
10C 1.302(1)(e), FA.C. $100
2. Other variances $500
g) Chapter .10 10, F.A.C., general inland w..tland
pOetUIs


l;stem se


V a projot with total land l... than or


ni.gtn a oferot wIltt a tetai ie lcn aero


than one aere $30
(g)(h) Formal Wetland Determination:
1. through 4. No change.
5. For properties with an existing formal determination
that qualify for a lower fee in accordance with subsection
40C-4.042(7). F.A.C. Renewal of f-ormal wtland
dcc-m:inationq $250
(h) For permit applications which involve a combination
of fee categories listed in this subsection, the highest fee that
applies shall be charged.
(i) Management and storage of surface waters permits
under chapters 40C-4 and 40C-40, F.A.C. as such rules existed
prior to the adoption of rules pursuant to section 373.414(9),
F.S. that are submitted pursuant to the grandfathering
provisions of subsections 373.414(11) through (16), F.S
1. Individual and conceptual permits $2.500
2. General permits $700
(i) Permit applications and formal determinations which
require wetland delineations pursuant to section 373.421(7),
F.S., will be charged a supplemental application fee of five
hundred dollars ($500.), in addition to the application fees
above.
(5) Chapter 40C-42, F.A.C., environmental resource
stormwater discha ge facility permits and conceptual approval
environmental resource stormwater discharge facility permits
(a) through (b) No change.
(6) through (7) No change.
(8) Chapters 17-4 and 17-312, F.A.C., wetland resource
management (dredge and fill) permits issued pursuant to the
grandfathering provisions of subsections 373.414(11) through
(16), F.S.
(a) through (g) No change.
(9) Chapter 40C-44, F.A.C., environmental resource
aAgricultural Surface Water Management System RPermits
(a) Standard General Permits for agricultural operations
less than 40 acres $250
(b) Standard General Permits for agricultural operations
greater than 40 acres $500
(c) No change.
(10) No change.
Specific Authority 373.044, 373.109, 373.113, 373.171, 373.421(2) FS. Law
Implemented 373.109, 373.421.(2)1-7 FS. History-New 10-1-87. Amended
6-1-88, 10-17-88, Formerly 40C-1.202, Amended 8-1-89, 10-19-89, 8-19-90,
7-21-91, 7-23-91, 8-11-91, 9-25-91, 11-12-91, 10-20-92, 11-30-92, 1-6-93.
1-23-94,__


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40C-1.604 Conceptual Approval Permit Procedures.
(1) Those Pprojects for which an approval in concept of
the plans and designs is sought, including those projects for
which an Application for Development Approval has been
made pursuant to Part I of chapter 380, F.S., are eligible for a
conceptual approval permit and an application may be made to
the District for a conceptual approval environmental resource
permit related to:
(a) Construction and- operation -e Aa stormwater
management system as regulated by chapter 40C-42, F.A.C., or
(b) A The management and storage of surface waters
management system as regulated by chapters 40C-4, 40C-40,
or 40C-41.--eor
(c) The construction and operation of a work of the district
as regulated by chapter 40C 6, only if a conceptual approval
permit is requttested pursuant to paragraph (b), or
(2) Issuance of a conceptual approval permit pursuant to
this section shall not relieve the applicant of any requirements
for obtaining a permit to construct, alter, operate, maintain,
remove or abandon a stormwater management system, or other
management and storage of surface water management system,
or work ef the distiet nor shall the conceptual approval permit
applicant be relieved of the District's information requirements
or the need to meet the standards for issuance of permits
pursuant to chapters 40C-4, 40C-40, 40C-41 40C-42, or
40C-6 F.A.C.
(3)(a) No change.
(b) No change.
(c) No change.
(d) An application for a conceptual approval permit for a
management and storage of surface water management system
will be reviewed pursuant to the standards and criteria
established in chapters 40C-4 and 40C-41.


(e) APn application for
, c : ; *, ii


and criteria established


eptual approval permit for
,~ ..,. ,+ + .I- A-rn~~r


-ft


ineapter 40C 6.


(4) and (5) No change.
Specific Authority 373.044, 373.113, 373.171, 380.06(9) FS. Law
Implemented 380.06(9) FS. History-New 7-6-86, Formerly 40C-1.132,
Amended 8-1-89, 9-25-91, 9-8-92 .

40C-1.605 Application Procedure.
(1) through (3) No change.
(4) The District shall provide notice of receipt of permit
applications as required by chapter 373, F.S., and as further
explained for management and storage of surface wate-
environmental resource applications in poetieons.- the
"Applicant's Handbook: Management and Storage of Surface
Waters" of which portions are incorporated by reference in
section 40C-4.091.


(5) The applicant shall have 90 60 days from receipt of the
request for additional information to submit that information to
the District. If an applicant requires more than 90 60 days in
which to complete an application, the applicant may notify the
District in writing of the circumstances and for good cause
shown, the application shall be held in active status for one
additional period of up to 90 60 days. Any application which
has not been completed by the applicant within the given time
period following a request for additional information by the
District shall be recommended for denial at the next regularly
scheduled Board meeting. A notice of intent to deny will be
provided to the applicant no less than 14 days prior to the
meeting at which the Board will consider denying the
application. Denial of an application due to failure to submit
requested additional information shall be a denial without
prejudice to the applicant's right to file a new application. The
applicant may request a section 120.57, F.S., hearing pursuant
to section 40C-1.511 F.A.C. to dispute the necessity of the
information required.
(6) No change.
Specific Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 120.60,
373.107, 373.109, 373.116, 373.118, 373.229, 373.309, 373.314, 373.323,
373.413, 373.417 FS. History-New 8-1-89, Amended 10-19-89, 3-14-90,


40C-1.608 Denial of a License or Permit.
(1) No change.
(2) The District shall set forth in writing the reasons
ground -r fasi for denial of the license or permit application.
For applications for environmental resource permits, the
District will also explain, in general terms, what changes in the
permit application, if any, would address such reasons for
denial. Such changes shall not be limited to those
modifications as described in subsection 12.2.1 of the
Applicant's Handbook: Management and Storage of Surface
Waters, adopted by reference in section 40C-4.091, F.A.C.
(3) (7) No change.
Specific Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 120.57,
120.60 FS. History-New 8-1-89. Amended

NAME OF PERSON ORIGINATING PROPOSED RULE:
Kathryn Mennella, Sr., Asst. General Counsel, Office of
General Counsel, St. Johns River Water Management District,
P.O. Box 1429, Palatka, FL 32178-1429, (904) 329-4215.
NAME OF SUPERVISOR OR PERSON WHO APPROVED
THE PROPOSED RULE: Governing Board of St. Johns River
Water Management District.
DATE PROPOSED RULE APPROVED: April 13, 1994.


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Anyone requiring a special accommodation to participate in
this meeting is requested to advise the District at least 5 work
days before the meeting by contacting Debbie Hancock at
(904) 329-4262 or (904) 329-4450 (TDD).

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District
RULE CHAPTER TITLE: RULE CHAPTER NO.:
Environmental Resource Permits: Surface
Water Management Systems 40C-4
RULE TITLES: RULE NOS.:
Definitions 40C-4.021
Implementation 40C-4.031
Permit Required 40C-4.041
Formal Determination 40C-4.042
Exemptions 40C-4.051
Publications Incorporated by Reference 40C-4.091
Content and Processing of the Application 40C-4.101
Conditions for Issuance of Permits 40C-4.301
Additional Conditions for Issuance of Permits 40C-4.302
Variances 40C-4.311
Limiting Conditions 40C-4.381
Forms and Instructions 40C-4.900
PURPOSE AND EFFECT: Amendments are proposed to the
rules of the St. Johns River Water Management District
(SJRWMD) governing the management and storage of surface
waters (MSSW). The amendments are intended to enhance the
consistency of regulatory requirements promulgated by the
water management districts (districts) under part IV, chapter
373, F.S. Additionally, the proposed rules contain provisions
which implement section 373.414, F.S. (1993), to fulfill the
statutory mandate of rule adoption by July 1, 1994. These
proposed rules integrate many of the substantive provisions of
the Department of Environmental Protection's existing dredge
and fill rules into the environmental criteria of the MSSW
rules. Once these amendments are adopted, an applicant will
no longer be required to obtain both a dredge and fill permit
and an MSSW permit for the same activity. Instead, one
application will be made for an environmental resource permit
(ERP) under part IV, chapter 373, F.S. The proposed rules also
contain amendments to address concerns raised by the staff of
the Joint Administrative Procedures Committee (JAPC)
regarding the SJRWMD's rules governing the creation and use
of mitigation banks.
SUMMARY: The proposed amendments to section 40C-4.041
would expand the isolated wetland permitting threshold to
require an ERP for regulated activities in all wetlands or other
surface waters, and would delete three existing permitting
thresholds. Proposed amendments to section 40C-4.051
generally incorporate most existing dredge and fill exemptions
set forth in section 17-312.050, F.A.C., and add exemptions for


certain other minor activities. The amendments to section
40C-4.301 primarily represent a consolidation of the current
conditions of the districts for issuance of MSSW permits, now
to be known as ERPs. The amendments would also require an
applicant's violation of dredge and fill rules or rules adopted
under part IV, chapter 373, F.S., to be considered during the
evaluation of an ERP application. New section 40C-4.302
would incorporate into the ERP review criteria the seven-part
public interest test set forth in subsection 373.414(1), F.S., and
existing dredge and fill rules. Also proposed is a review
criterion addressing cumulative impacts. New section
40C-4.311 creates a procedure for obtaining variances that is
based on the existing DEP procedure authorized under section
403.201, F.S. The proposed changes to section 40C-4.381
generally reorganize many of SJRWMD's existing general
conditions, revise certain conditions to be consistent with
chapter 40C-42, F.A.C., and incorporate a number of existing
general conditions of the other districts and DEP.
The proposed changes to the Applicant's Handbook:
Management and Storage of Surface Waters (Handbook)
correspond to proposed changes in chapters 40C-4, 40C-40,
and 40C-400, F.A.C., and the proposed repeal of chapters
40C-6 and 40C-43, F.A.C. Additionally, the proposed changes
include a revised and expanded environmental considerations
section which explains the environmental criteria applicable to
ERP applications. These proposed environmental criteria
address: design modifications to eliminate or reduce impacts;
impacts to the values of wetland and other surface water
functions; the seven-part public interest test; impacts to water
quality; impacts to Class II waters and waters approved for
shellfish harvesting; vertical seawalls proposed in estuaries or
lagoons; secondary impacts; cumulative impacts; and
mitigation requirements. Proposed Handbook changes also
address concerns raised by the JAPC staff regarding
SJRWMD's rules governing the creation and use of mitigation
banks. Additionally, within the Handbook are proposed
changes to SJRWMD's procedure for obtaining formal
determinations of the landward extent of wetlands and other
surface waters. A formal determination would be available in
two formats: a certified survey or an approximate delineation.
SPECIFIC AUTHORITY: 373.044, 373.046(4), 373.113,
373.118, 373.414(9), 373.415, 373.421(2), FS.
LAW IMPLEMENTED: 373.118, 373.046, 373.413, 373.414,
373.415, 373.416, 373.421(2)-(6), 373.426, 403.201, FS.
A PUBLIC HEARING WILL BE HELD AT THE TIME,
DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 11:00 a.m., during the regularly scheduled
Governing Board Meeting, June 8, 1994


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PLACE: St. Johns River Water Management District, Highway
100 West, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED REVISIONS IS: Jeff Elledge, Director,
Department of Resource Management, St. Johns River Water
Management District, P.O. Box 1429, Palatka, Florida
32178-1429, (904) 329-4203.

THE FULL TEXT OF THE PROPOSED RULES ARE:

40C-4.021 Definitions.
When appearing in this chapter or in chapters 40C-40,-er
chapter 40C-41, 40C-42, 40C-44 or 40C-400, F.A.C., the
following words shall mean:
(1) through (3) No change.
(4) "Direct hydrologic connection" means a surface water
connection which occurs o.n an average of 30 or more
consecutive days per year. In the absence of reliable hydrologic
records, a continuum of wetlands may be used to establish a
direct hydrle cig' section.
(4}(5) No change.
(5) "Environmental resource permit" means a conceptual
approval, general, or individual permit for a surface water
management system issued pursuant to part IV of chapter 373.
F.S.
(6) "Listed species" means those animal species which are
endangered, threatened or of special concern and are listed in
sections 39-27.003, 39-27.004. and 39-27.005, F.A.C.. and
thtr oela t 1ru i li; f AI 5 ; C d f FT7 A lfl RD l ti D I.


17.12. "Isolated wetlands" means a wetland nt within the
jurisdiction of the Department of Environmental Regulatien
for the purposes of regulation of dredging and filling.
(7) "Other surface waters" means surface waters as
described and delineated pursue'. to section 17-340.600,
F.A.C., as ratified by section 373.4211, F.S.. other than
wetlands.
(7) and (8) renumbered (8) and (9) No change.
(10)(9) "Surface water management system" or "system"
means any combination of stormwater management system,
dams, impoundments, reservoirs, appurtenant works, or works,
or any combination thereof that provide drainage, water
storage, conveyance, stormwater management, orer ther surface
water m managementt capabilities. The terms "surface water
management system" or "syse-m" include dredged or filled


areas.
(10) and (11) renumbered (11) and (12) No change.
(13)(-2 "Wetlands" mevns those areas that are inundated
or saturated by surface 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. The landward
extent of wetlands shall be delineated pursuant to sections
17-340.100 through 17-340.550, F.A.C., as ratified by section
373.4211, F.S. hydrologically sensitive-. eas which -ae
identified by being in undated or saturated by surface or
groundwvater with a frequency and duration sufficient to
support, and that under normal circumstances do suppeft, a
prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes,
bogs and simffilar areas.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.019,
373.403 FS. History-New 1-31-77, Formerly 161-4.02, 40C-4.02, Amended
2-3-81, 12-7-83, Formerly 40C-4.021, 40C-4.0021, Amended 8-11-91,
9-25-91 _

40C-4.031 Implementation.
(1) The effective dates for the surface water management
permitting program pursuant to part IV of chapter 373, F.S. as
established in this Chapter are:
(a) through (d) No change.
(2) and (3) No change.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.413,
373.416, 373.426 FS. History-New 1-31-77, Formerly 161-4.03, 40C-4.03,
Amended 2-3-81, 12-7-83. Formerly 40C-4.031, 40C-4.0031, Amended
8-11-91,__

40C-4.041 Permit Required.
(1) Unless expressly exempt by sections 373.406 and
403.813, FS. or sections OC 4.051 or OC 4.051, F. A.C. an
environmental resource surface water management permit
must be obtained from the District under Chapters 40C-4,
40C-40, 40C-42, 40C-44 or 40C-400, F.A.C., prior to the
construction, alteration, operation, maintenance, removal or
abandonment of any stormwater management system, dam,
im ,undment, reservoir, appurtenant work or works, including
dredging or filling, and for the maintenance and operation of


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existing agricultural surface water management systems or the
construction of new agricultural surface water management
systems.
(2) The District issues three types of environmental
resource srfaee- water- permits: conceptual approval permits,
individual permits and general permits.
(a) No change.
(b) An individual or general permit is required prior to the
construction, alteration, operation, maintenance, abandonment
or removal of a surface water management system which:
1. through 6. No change.
7. Contains a traversing work which traverses:
a A stream or other vwatereetws with a in&fiage area aC
fi.e or mor squar.. miles upstr.. ea ..fr the Ltrav ^ ing work
eO
b. An ipmpundment with moer-e than ten acres of surface



seres an area of five or mor- contiguous acr. of wetlan.d
with a direct hydrologic cornnction to:
a. A stream or ther o watercourse with a drainage area of
five or e square miles;, or

wned.-the applie-nd whih tn a o gatr i

c. A weotlad not wholly owned by the applicant.
7.9-. No change.
10. Cornsist of or includes filling in, excavation :n, or
drainage of a wetland which is not isolated whon any of the
filling, ecaation, r drainage located within the
eeono khatehe Riherv Hydrologic Bain.
8.44- Is wholly or partially located in, on, or over within
any isolated wetland or other surface water.
(c) A general permit will be issued for specific classes of
surface water management systems which satisfy the
thresholds and conditions of Chapters 40C-40 or 40C-400,
F.A.C. Standard general permits are issued pursuant to chapter
40C-40, F.A.C. Noticed general permits are issued pursuant to
chapter 40C-400, F.A.C. A general permit may authorize the
construction, alteration, operation, maintenance, abandonment,
or removal of a system.
(d) An individual permit may be issued under chapter
40C-4, F.A.C., for projects which do not qualify for general
permits under the provisions of cGhapters 40C-40 or 40C-400,
F.A.C. An individual permit may authorize the construction,
alteration, operation, maintenance, abandonment or removal of
a system.


(e) An individual or standard general permit may be issued
for the maintenance and operation of existing agricultural
surface water management systems or the construction of new
agricultural surface water management systems which satisfy
the water quality practices and performance standards of
chapter 40C-44, F.A.C.
(f) An individual or standard general permit may be issued
for the construction, alteration, operation, maintenance,
abandonment or removal of a stormwater management system
under chapter 40C-42, F.A.C., if the system falls below the
thresholds in paragraph (2)(b).
(3) No change.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented
373.118, 373.409, 373.413, 373.416, 373.426, 373.429 FS. History-New
1-31-77, Formerly 161-4.04, 40C-4.04, Amended 2-3-81, 12-7-83, Formerly
40C-4.041, 40C-4.0041, Amended 8-28-88, 4-3-91, 8-11-91, 9-25-91,
10-20-92, _

40C-4.042 Formal Wet-lan Determination.
(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 wedtlnd
determination for that property. A formal wetland
determination means the District will determine verify the
locations on the property of the landward extent (boundaries)
of wetlands and other surface waters as defined by Chapter
17-340, F.A.C., as ratified in section 373.4211, F.S. the
DistFiet.
(2) To petition for a formal wetland determination, the
petitioner must submit to the District the following:
(a) five seven copies of completed form 40C-1.181(12),
including copies of all items required by that form, and
(b) a non-refundable formal wetland determination fee as
prescribed in section 40C-1.603, F.A.C.
(3)(a) Within 30 days of receipt of a petition for a formal
wetland determination, the District shall notify the petitioner of
any additional information which may be necessary in-erder to
complete review of the petition. The District shall complete the
determination and shall issue a notice of intended agency
action within 60 30 days after the petition is deemed complete.
The District shall wil publish the notice of intended agency
action on the petition in a newspaper of general circulation in
the county or counties where the property is located.
(b) The provisions of sections 120.57 and 120.59, F.S.,
apply to formal wetland determinations made pursuant to this
section. Any person whose substantial interests will be affected
by the District's proposed action on the petition may request an
administrative hearing on the proposed action pursuant to


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section 40C-1.511, F.A.C. If no request for an administrative
hearing is filed, the District will then take final action on the
petition for the formal wetland determination.
(4) A petitioner can request a formal determination
consisting of a certified survey, an approximate delineation, or
combinations thereof as described in subsection 12.5.2 of the
Applicant's Handbook: Management and Storage of Surface
Waters adopted by reference in section 40C-4.091, F.A.C. The
petitinr or his agee nt shall ecolarly delineate the landwaord
btake fiunday of wtlan petition th property. A Dis determinations
will erify there nation o f the bounder lina. The petied the
must then have the boundary- line surveyed, and must return
four certified copies of that surey to the District. In order for
the petition to be deemed complete, the District must receive
frequr tifiemd enpis of the survey.
(5) The executive director is delegated the authority to
take final action on petitions for formal wetland determinations
under this section. The executive director shall issue a formal
wetland determination only if the petitioner has satisfied all the
requirements of this section.
(6) A formal wetland determination shall be binding for
five years the time period issued provided physical conditions
on the property do not change so as to alter the wetland
boundaries of the wetlands and other surface waters during that
period. A formal wetland determination. shall be issued for five
years.
(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 section 40C-1.603, FA.C.,
provided: Any person eligible to petition fr a wetland
determination. may -ptition to renew a formal wetland
determination prior to thf expiration date. A petition to ranew


an expire c welondition mon then sap l et press not chnge
sam to mater as a patie on fher an original formal wetland
detersrination. Persons petitioning tdh District to r-nw an
expired formal wetland determination must submit the
information and renewal fee required by subsections
40G 4.042(2) through (4), F.A.C.
(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:
(b) the rules setting forth the methodology used to
delineate the landward extent of wetlands or other surface
waters have not changed since the previous formal


(8) Pursuant to subsection 373.421(41, 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)-(5 FS. History-New 11-12-91. Amended 11-30-92,__

40C-4.051 Exemptions.
(1) Exemptions are as found in-
(a) Section 373.406, FS. Florida Statutes.
(b) Section 403.813(2), Florida Statutes.
(2) through (4) No change.
(5) The permitting thresholds set forth in subparagraphs
40C-4.041(2)(b)6. and 10, and that part of subparagraph
40C-4.041(2)(b)3., which concerns the Econlockhatchee River
Hydrologic Basin shall be inapplicable to systems located
wholly or partially in the Econlockhatchee River Hydrologic
Basin which meet the conditions for exemption set forth in
subsections 40C-41.051(1)-(5), F.A.C.
(6) through (8) No change.
(9) The permitting threshold set forth in subparagraph
40C-4.041(2)(b)8-1-., F.A.C., as it existed on 9-25-91 regarding
isolated wetlands and the amendments to subsections 10.7.2,
10.7.4, 10.7.5, 16.1.3 and 16.1.5, Applicant's Handbook:
Management and Storage of Surface Waters, effective 9-25-91
shall not apply to each system for which the District has issued
a permit pursuant to chapter 40C-42, F.A.C., prior to 9-25-91.
This subsection applies only to a system which did not require
a permit pursuant to chapters 40C-4, or 40C-40, F.A.C., prior
to 9-25-91 and only to the project area and the plan approved in
the referenced permit.
(10) No permit shall be required under chapters 40C-4,
40C-40, 40C-42. 40C-44, or 40C-400, F.A.C, 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
diameter, and the length of the culvert shall not be changed.
However, the material used for the culvert may be different
from the original. This exemption does not authorize the repair,
replacement, or alteration of dam's spillways or appurtenant
works, nor construction activities or procedures that cause
violation of water quality standards as set forth in Chapter
17-302 and section 17-4.242, F.A.C.
(b) 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


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(c) the petition is submitted within 60 days prior to the
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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.
The term "maintenance dredging" shall not apply to redredging
of any canal, channel, basin, berth, or intake or discharge
structure which has been allowed to shoal in to such an extent
so as to render the canal, channel, basin, berth or intake or
discharge structure unusable for its intended purpose. 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.
(c) The maintenance of functioning insect control
structures, and the maintenance of functioning dikes and
functioning irrigation and drainage ditches, including roadway
drainage ditches, provided:
1. 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.
2. 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), F.S., 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 .o commercially or recreationally important shellfish
or finfish.
3. 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.


4. This exemption sl:ll apply to manmade 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.
(d) Maintenance of minor silvicultural surface water
management systems as described in subsection
40C-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 that part, provided such
maintenance is conducted in accordance with the performance
standards set forth in section 40C-400.500(5), F.A.C.
(e) 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 shall be connected to ti:ially 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 two feet of immediately adjacent
bottom elevations. For the purposes of this paragraph,
restoration shall not include maintenance of impoundment
dikes of insect control impoundments.
(f) The installation, replacement or repair of mooring
pilings and dolphins associated with private docking facilities.
(g) 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, associated with the mooring or storage of boats and
boat paraphernalia:
2. Shall be constructed or held in place by pilings,
including floating docks, so as not to involve filling or
dredging other that necessary to install the pilings;
3. Shall not substantially impede the flow of water, create
a navigational hazard or cause water oualitv violations: and


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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 paragraph, 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 require the District to issue
a subsequent permit to construct a channel to provide
navigational access to the dock. Activities associated with a
private dock shall include the construction of structures
attached to the pier which are only suitable for the mooring or
storage of boats (i.e., boatlifts).
(h) Construction of private docks in artificially created
waterways where construction will not violate water quality
standards, impede navigation, or adversely affect flood control.
For the purpose of this exemption, a violation of water quality
standards will be assumed not to occur if no more than one
private boat slip per 65 linear feet of shoreline is to be located
along the parcel or lot, provided fuels, motor oils, paints or
substances toxic to aquatic flora or fauna are not stored or
dispensed on or from the structure.
(i) The replacement or repair of existing docks and
mooring piles, provided:
1. No fill material other than the dock pilings is used:
2. The replacement or the repaired dock is in the same
location and of the same configuration and dimensions as the
dock being replaced or repaired: and
3. The dock or mooring pile must be functional and able to
provide access to a boat or boats moored at the dock before this
exemption may be used.
(i) 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 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, but not
be limited to, residential canal systems, canals permitted by a
District created under section 373.069, F.S., and artificially
created portions of the Florida Intracoastal Waterway.
(k) 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 shall be 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.
(1) The restoration of a seawall or riprap at its previous
location or upland of or within one 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). F.S. This exemption shall be limited to functioning
seawalls or riprap where there is no exchange of waters
through or around the seawall or riprap of sufficient quantity,
duration or frequency so that the restoration of the seawall or
riprap could cause or contribute to a violation of state water
quality standards or other criteria listed in section 373.414, F.S.
This exemption does not constitute an exception from the
permitting requirements of chapter 161, F.S.
(m) The construction of 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 at
a parcel that is in private, non-commercial use and 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, 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, F.S. Construction
shall be in accordance with section 373.414(5), F.S.


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(n) 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.
(o) The replacement or repair of subaqueous transmission
and distribution lines laid on, or embedded in, the bottoms of
wetlands or other surface waters.
(p) Activities necessary to preserve, restore, repair,
remove, or replace an existing communication or power pole
or line, provided that the work does not involve dredge and 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 that construction of new power or
telephone lines or the repair and replacement of existing
structures that require dredge and fill activities to provide
access to the site.
(q) 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:
1. No more dredging or filling in wetlands or other surface
waters is performed than that necessary to replace or repair
pilings, and
2. The structure to be replaced or repaired is the same
length, the same configuration, and in the same location as the
original bridge.
3. No debris from the original bridge shall be allowed to
remain in wetlands or other surface waters.
(r) The installation and maintenance of intake and
discharge pipes associated with marine bivalve facilities that
have a valid industrial wastewater general permit, pursuant to
section 17-660.821, F.A.C.
(s) 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 pursuant to section 327.40, F.S.
(t) 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 the strength approved by the
Environmental Protection Agency (EPA) label, or a lesser
strength than the EPA approved label amounts where the lesser
strength is sufficient to accomplish the test. 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.
(u) 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 or rock, or brush, or
logs, or trees, and free of soils, preservatives, oil and greases,
debris, litter, putrescible substances, "white goods," asphalt
material, tires, or other pollutants, and shall be firmly anchored
to the bottom of the waterbody rather than indiscriminately
dumped. The size of an individual fish attractor shall not
exceed one quarter of an 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
aquatic vegetation (except nuisance exotics). The site shall be
marked with a buoy or buoys to ensure that no material is
deposited outside of the site.
(v) Installation of Piling Support Structures Associated
With Water Testing or Monitoring Equipment by the
Department and Water Management Districts. Installation of
piling support structures associated with water testing or
monitoring equipment by the Department and Water
Management Districts, provided that flow or navigation are not
impeded.
(w) The construction or maintenance of culverted
driveway or roadway crossings and bridges of artificial
waterways, provided:
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 40C-400, 40C-40, 40C-42, 40C-44, 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
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 culvei ;


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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 all regulatory requirements, either through a permit, an
exemption, or other license by the District or Department;
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 by statute or rule;
10. All temporary fill in construction areas shall be
removed and 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
permitting requirements of chapters 40C-4, 40C-40. 40C-42,
and 40C-44, 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: and
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 section
40C-4.051, F.A.C.
(x) The installation, removal, and replacement of utility
poles that support telephone or communication cable lines, or
electric distribution lines of 13kV 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
without the need for separate dredging, 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, or in riparian habitat
protection zones established in chapter 40C-41, F.A.C.;
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, associates 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;


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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 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.
(11) Exemptions for Treatment or Disposal Systems.
(a) Alteration and maintenance of the following shall be
exempt from the provisions in chapter 40C-4, F.A.C., adopted
to implement subsections 373.414(1) through 373.414(6),
373.414(8), and 373.414(10), FS.: 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 chapter 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 treatment in accordance with a noticed exemption
under chapter 17-25, F.A.C.. or a valid permit issued under
chapters 17-25 (excluding section 17-25.042), 17-330. 40C-4.
40C-42 (excluding section 40C-42.0265), 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, 40C-4, 40C-42, or 40C-44. F.A.C.
(b) Alteration and maintenance of the following shall be
exempt from the provisions in chapter 40C-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 section 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 section 17-25.042). 17-330. 40C-4.
40C-42 (excluding section 40C-42.0265) or 40C-44, FA.C.,
except those permitted as wetland stormwater treatment
systems.


2924 Section I; Proposed Rules


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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, 40C-4, 40C-42, or 40C-44, F.A.C.
(c) The exemptions in paragraphs (a) and (b) above shall
not apply to works, impoundments, reservoirs or other
watercourses that are:
1. Currently wetlands which existed before to construction
of the stormwater treatment system and were incorporated in it;
2. Being altered through expansion into wetlands or other
surface waters: or
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 subparagraph 40C-4.041(2)(b)8. or
paragraph 40C-40.302(2)(c). 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
S 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. Incidental 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, 40C-4, 40C-42 or


40C-44, F.A.C. For the purposes of this subsection, reuse from
a work, impoundment, reservoir, or other watercourse is part of
treatment or disposal.
(12) 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 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
surface water or wetlands before such activities, shall be
exempt from the provisions in chapter 40C-4, F.A.C., adopted
to implement subsections 373.414(1) through (6), 373.414(8),
and 373.414(10), F.S.: and subsection 373.414(7). F.S.,
regarding any authority grant-d pursuant to section 373.414,
F.S. (1991).
(13) The performance of activities pursuant to the
provisions of the exemptions set forth in this section does not
relieve the person or persons who are using the exemption or
who are constructing or otherwise implementing the activity
from meeting the permitting or performance requirements of
other District rules.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.406.
373.413, 373.416, 373.426 FS. History-New 1-31-77, Formerly 161-4.05,
40C-4.06, Amended 1-3-81, 12-7-83, Formerly 40C-4.051, 40C-4.0051,
Amended 4-3-91, 8-11-91, 9-25-91, _

40C-4.091 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference:
(a) Part I "Policy and Procedures," Part II "Criteria for
Evaluation," section -1- "Wetlands,"1 subsections 18.0, 18.1,
18.2, and 18.3 of Part III section 18 "Wekiva Ri'ver Hydrologic
Bazin Criteria, and Appendix K "Legal Description Upper St.
Johns River Hydrologic Basin," "Legal Description Ocklawaha
River Hydrologic Basin", "Legal Description of the Wekiva
River Hydrologic Basin," "Legal Description of the
Econlockhatchee River Hydrologic Basin," "Legal Description
of the Sensitive Karst Areas Basin, Alachua County," and
"Legal Description of the Sensitive Karst Areas Basin, Marion
County" of the document entitled "Applicant's Handbook:
Management and Storage of Surface Waters," effective
4-6 -3.
(b) Operating Agreement Ceonceming Management and
Starage of Surface Waters Reagulation, and Wetland Rscurce
Regulation Under Part IV, Chapter 373, F.S., Bbetween St.
Johns River Water Management District and Department of
Environmental Protection Regulation dated g__ 28-92.


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Florida Administrative Weekly










FI_ d diitaie ekyVlm 0 ume 8 a ,19


ont to August 28, 1992, Opeating
Management and Storage of Surface


Watmr Regulation, and Wetland Resource Regulatio. between
St. Jol.n.s River Loder Management District and Department of
Environmental Regulation dated December 21, 1993.
(c)(4) Water. quality er-ie ia eand standards of chapters
1774-3, 17-4, 17-302 and 17-550, F.A.C.
(d) Chapter 17-321, F.A.C., for the purpose of regulating
mangrove alterations associated with activities which require a
permit under part IV, chapter 373, F.S.
(2) These documents provide information regarding the
environmental resource management and storag of surface
waters-permitting program.
(3) The documents may be obtained by contacting:
Director, Division of Permit Data Services,
St. Johns River Water Management District,
P.O. Box 1429,
Palatka, Florida 32178-1429.
Specific Authority 120.54(8), 373.044, 373.046(4). 373.113, 373.171,
373.4144 373.415, 373.421(I2 FS. Law Implemented 120.54(8), 373.046
373.413, 373~.44, 373.415, 373.416, 373.421(2-(6), 373.426 FS. History-
New 12-7-83, Amended 10-14-84, Formerly 40C- 4.091, Amended 5-17-87,
Formerly 40C-4.0091, Amended 8-20-87, 10-1-87, 10-11-87, 11-26-87,
8-30-88, 1-1-89, 8-1-89, 10-19-89, 4-3-91, 8-11-91, 9-25-91, 11-12-91, 3-1-92,
7-14-92, 9-8-92, 9-16-92, 11-12-92, 11-30-92, 1-6-93,__

40C-4.101 Content and Processing of the Application.
(1) All applications for environmental resource
management and storage of surface waters permits shall be
filed and processed in accordance with chapters 120 and 373,
F.S., and chapter 40C-1, F.A.C.
(2)(a) Each application for an individual or conceptual
approval environmental resource Management and Storage of
Sui-raee- Weaers permit shall be filed upon District form
40G'-1.181(2). The applicant shall submit five copies of the
app ication, construction plans, and any supporting documents
describing the proposed system.
(b) Each application for an individual environmental
resource permit or a conceptual approval environmental
resource permit which seeks authorization to alter, abandon, or
remove a system, or a portion of a system, which is exempt
from permitting under the provisions of subsection
40C-4.051(2), shall contain the plans and information required
by paragraphs 40C-4.101(2)(a), F.A.C., respectively, for the
system as it was originally constructed, as it exists on the date
of the permit application, and as it is proposed to be modified.
(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


to) t'i1OtFSE .oREIM
74 ; E rf-neeeettft


2926 Section I Proposed Rules


permit shall constitute certification of compliance with water
quality standards. Appations fil.d for project which o.tain
information assigned a national security classification -of
Corfidential or higher by the Uniaed Stat.e Depa-rtment of
Defense need not include the classified information enr.tho
application if all the following information is included with the
appieatieen:
(a) ort proficatin by thed Contrating Offier or seaward of coastalhe Unties,
Statn Dephavent of Dlted cf that thie inf ormati oer etuiad rb
this urfae, but not supplied, ia cm las icon fidotial or highn
by th Uirnental esource pertmt of D ofnste an

(b) Al coitnc certifon by a Florida rogitered i Pretionf ofl
thengn Coastal Zoe ysMemdent At and o5 thR 9,la uifrted
inforssuatin of the nfperms t sthall constandarditute a certification of such
ohaptenAs 0C 4 and 4lG 41, F.A.C., where applicable; a
Ce) The unclassified ~i.nrmatin stainedd in th
app(5) If theation i sffiint application inaccuatoly des acrib thivities lcated ito
off sitor over wator flow chasurface waistiers du then sur within three
management system design.
(4) For projects, located in or seaward of coastal counties.
and which have regulated activities in. on. or over wetlands or
other surface waters, a complete application for an individual
environmental resource permit shall constitute a request for
federal consistency certification as provided in Section 307 of
the Coastal Zone Management Act and 15 CFR 930. Subpart
D. Issuance of the permit shall constitute a certification of such
consistency. Th e applisat mustr t sha orward copis of the
application, tonstrueetion plans, fd ay m:upporting documents
desribing the loprop med ystFese.
(5) 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 Cors
to do otherwise.
(6) If the application involves activities located in., on. or
over wetlands or other surface waters and the application is
complete enough to allow interested persons to comment on
the application, the District shall forward a copy 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:
(c) any person who has requested a copy of the specific
application that is under review and has forwarded the
appropriate copying fees authorized in section 119.06. F.S.:
and


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(d) the Department of Environmental Protection, if the
proposed activities have a potential to impact marine listed
species.
(7) If at any time during the processing of the application,
it appears that the application involves activities which may
take place on state-owned lands, the District shall send a copy
of the application to the Division of State lands, Department of
Environmental Protection.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.146,
373.413, 373.416, 373.417 FS. History-New 1-31-77, Formerly 161-4.10,
40C-4.10, Amended 2-3-81, 12-7-83, Formerly 40C-4.101, 40C-4.0101,
Amended 8-1-89, 2-27-94, __

(Substantial rewording of Rule 40C-4.301. See Florida
Administrative Code for present text.)
40C-4.301 Conditions for Issuance of Permits.
(1) In order to obtain a standard general, individual, or
conceptual approval permit under this chapter or chapter
40C-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:
(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 by wetlands and
other surface waters;
(e) Will not adversely affect the quality of receiving waters
such that the water quality standards set forth in chapters 17-3.
17-4, 17-302, and 17-550, F.A.C., including any
antidegradation provisions of sections 17-4.242 (1)(a) and (b),
17-4.242(2) and (3), and 17-302.300. F.A.C., and any special
standards for Outstanding Florida Waters and Outstanding
National Resource Waters set forth in sections 17-4.242(2) and
(3), F.A.C., will be violated;
(f) Will not cause unacceptable secondary impacts to the
water resources;
(g) Will not adversely impact the maintenance of surface
or ground water levels or surface water flows established in
chapter 40C-8, F.A.C.;
(h) Will not cause adverse impacts to a work of the District
established pursuant to section 373.086, F.S.:
(i) Is capable of being effectively implemented;


(i) Will be conducted by an entity with sufficient financial
responsibility to ensure 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 in chapter 40C-41, F.A.C.
(2) If the applicant is unable to meet water quality
standards because existing ambient water quality does not meet
standards, the District shall consider mitigation measures
proposed by the applicant that cause net improvement of the
water quality in the receiving body of water for those
parameters that do not meet standards.
(3) Mangrove alteration which is part of an activity
requiring an environmental resource permit shall be evaluated
pursuant to the criteria of chapter 17-321, F.A.C.. during
review of the environmental resource permit application.
(4) The District shall take into consideration a permit
applicant's violation of any rules adopted pursuant to sections
403.91 403.929. F.S. (1984 Supp.) as amended, or 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
assurances that District permitting standards will be met.
(5) The standards and criteria, including the mitigation
provisions, contained in the Applicant's Handbook:
Management and Storage of Surface Waters adopted by
reference in section 40C-4.091, F.A.C., shall apply to the
evaluation of activities required to be permitted by this chapter
in determining whether the reasonable assurances required by
subsection 40C-4.301(1) and section 40C-4.302, EA.C., have
been provided.
Specific Authority 373.016, 373.044, 373.113, 373.171 FS. Law Implemented
373.016, 373.042, 373.409, 373.413. 373.416, 373.426 FS. History-New
1-31-77, Formerly 161-4.10, 40C-4.10, Amended 2-3-81, 12-7-83, Formerly
40C-4.301, 40C-4.0301, Amended 8-11-91, 9-25-91, 9-16-92, 6-7-93,

40C-4.302 Additional Conditions for Issuance of Permits
In addition to the conditions set forth in section 40C-4.301,
F.A.C., in order to obtain a standard general, individual, or
conceptual approval permit under this chapter or chapter
40C-40, F.A.C., an applicant must provide reasonable
assurance that the construction, alteration, operation,
maintenance, removal, and abandonment of a system:
(1) located in. on, or over wetlands or other surface waters
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:
(a) Whether the activity will adversely affect the public
health, safety, or welfare or the property of others:


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(b) Whether the activity will adversely affect thet
conservation of fish and wildlife, including endangered or
threatened species, or their habitats:
(c) Whether the activity will adversely affect navigation or
the flow of water or cause harmful erosion or shoaling;
(d) Whether the activity will adversely affect the fishing or
recreational values or marine productivity in the vicinity of the
activity;
(e) Whether the activity will be of a temporary or
permanent nature;
(f) Whether the activity will adversely affect or will
enhance significant historical and archaeological resources
under the provisions of section 267.061, F.S.: and
(g) The current condition and relative value of functions
being performed by areas affected by the proposed activity.
(2) Will not cause unacceptable cumulative impacts upon
wetlands and other surface waters.
(3) 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 1PR-7, F.A.C.. will comply with the additional criteria
in subsection 12.2.5 of the Applicant's Handbook adopted by
reference in section 40C-4.091. F.A.C.
(4) Which constitute vertical seawalls in estuaries or
lagoons, will comply with the additional criteria provided in
subsection 12.2.6 of the Applicant's Handbook.
Specific Authoritv 373.016. 373.044 373.113, 373.171 373.414(9) FS. Law
Implemented 373.016. 373.042, 373.409, 373.413. 373.414, 373.416. 373.426.
380.23 FS. Hiszor--New

40C-4.311 Variances.
(1) Upon petition, the Governing Board may grant a
variance from the nroyisions of section 373.414. F.S., and
paragraph 40C-4.301(1i)e) and section 40C-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 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 shail 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 -~ragraphs (a) and (b) above. Variance
and renewals thereof granted under this paragraph (1)(c) shall
each be limited to a n. 0.:rd ef 24 months.


(2) in addition to the demonstration of the existence of one
of thie 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 this chapter.
(3) A petition for a variance shall contain the following
information:
.(a) The petitioner's name and signature.
(b) The statute or rule from which the variance is sought.
(c) Facts showing that a variance should be granted for one
of the reasons in section 403.201, F.S.
(d) The time period for which the variance is sought,
including the reasons and facts supporting the time period.
(e) The requirements which the petitioner can meet
including the date or time when the requirements will be met.
(f) The steps or measures the petitioner is taking to meet
the requirement from which the variance, is sought. If the
request is pursuant to paragraph 40C-4.311(l)(b) above, the
petitioner shall include a schedule when compli-nce will be
achieved.
(g) The social, economic and environmental impacts on
the applicant, residents of the area and of the state if the
variance is granted.
(h) The social, economic and environmental impacts on
the applicant, residents of the area and of the state if the
variance is denied.
(4) The District shall review the application within a
reasonable period of time after receipt to determine if the
application is complete. If the application is determined to be
incomplete, the applicant shall be afforded an opportunity to
suppiv additional information before the District evaluates the
merits of the request.
(5) The district shall prepare a notice of intended agency
action regarding the petition for a variance. The District shall
publish this notice one time in the Florida Administrative
Weekly, and one time in a newspaper of general circulation, as
defined in chanter 50. F.S., in the county in which the property
for which the variance is sought is located.
(6) Variances shall be granted or denied at the discretion of
the Governing Board.
(7) Renewvals of variances shall be anrlied for in the same
manner as the initial variance.
Stecifi' Authority 373.044. 373.113, 373.414(9) FS. Law Implemented
373.414i9)'. 373.4i4(17). 403.201 FS. Hiistory-New_

(Subs l'ial rewordini ofi Rule 40C-4.381. See Florida
Adrnir.is:t;raive Code ft; present text.)


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40C-4.381 Limiting Conditions
(1) The following general conditions shall be a part of all
permits issued pursuant to this chapter and chapter 40C-40,
F.A.C., unless waived or modified by the Governing 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 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 do not cause violations of state water
quality standards.
(d) Prior to and during construction, the permitted shall
implement and maintain all erosion and sediment control
S measures (best management practices) required to retain
sediment on-site and to prevent violations of state water quality
standards. All practices must be in accordance with the
guidelines and specifications in section 6 of the Florida Land
Development Manual: A Guide to Sound Land and Water
Management (Florida Department of Environmental
Regulation 1988) unless a project specific erosion and
sediment control plan is approved as part of the permit, in
which case the practices must be in accordance with the plan.
If site specific conditions require additional measures during
any phase of construction or operation to prevent erosion or
control sediment, beyond those specified in the erosion and
sediment control plan, the permitted shall implement additional
best management practices as necessary, in accordance with
the specifications in section 6 of the Florida Land
Development Manual: A Guide to Sound Land and Water
Management (Florida Department of Environmental
Regulation 1988). The permitted shall correct any erosion or
shoaling that causes adverse impacts to the water resources.
(e) Stabilization measures shall be initiated for erosion and
sediment control on disturbed areasas soon as 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
S has temporarily or permanently ceased.


(f) At least 48 hours prior to commencement of activity
authorized by this permit, the permitted shall submit to the
District a Construction Commencement Notice Form No.
40C-1.181(18) indicating the actual start date and the expected
completion date.
(g) When the duration of construction exceeds one year,
the permitted shall submit construction status reports to the
District on an annual basis utilizing an Annual Status Report
Form No. 40C-1.181(19). These forms shall be submitted
during June of each year.
(h) Prior to lot or unit sales, or upon completion of
construction of the system, whichever occurs first, the District
must receive the final operation and maintenance documents)
approved by the District and recorded, if the latter is
appropriate. For those systems which are proposed to be
maintained by county or municipal entities, final operation and
maintenance documents must be received by the District when
maintenance and operation of the system is accepted by the
local governmental entity. Failure to submit the appropriate
final document will result in the permitted remaining
personally liable for carrying out maintenance and operation of
the permitted system.
(i) Each phase or independent portion of the permitted
system must be completed in accordance with the permitted
plans and permit conditions prior to the initiation of the
permitted use 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 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.
(j) Within 30 days after completion of construction of the
permitted system, or independent portion of the system, 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
supplied As Built Certification Form. When the completed
system differs substantially from the permitted plans, any
substantial deviations shall be noted and explained and two
copies of as-built drawings submitted to the District. Submittal
of the completed form shall serve to notify the District that the
system is ready for inspection. The statement of completion
and certification shall be based on on-site observation of
construction (conducted by the registered professional
engineer, or other appropriate individual as authorized by law,
or under his or her direct supervision) or review of as-built
drawings for the purpose of determining if the work was
completed in compliance with approved plans and


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specifications. As-built drawings shall be the permitted
drawings revised to reflect any changes made during
construction. Both the original and any revised specifications
must be clearly shown. The plans must be clearly labeled as
"as-built" or "record" drawing. All surveyed dimensions and
elevations shall be certified by a registered surveyor. The
following information, at a minimum, shall be verified on the
as-built drawings:
1. Dimensions and elevations of all discharge structures
including all weirs, slots, gates, pumps, pipes, and oil and
grease skimmers;
2. Locations, dimensions, and elevations of all filter.
exfiltration, or underdrain systems including cleanouts, pipes,
connections to control structures, and points of discharge to the
receiving waters;
3. Dimensions, elevations, contours, or cross-sections of
all treatment storage areas sufficient to determine stage-storage
relationships of the storage area and the permanent pool depth
and volume below the control elevation for normally wet
systems, when appropriate;
4. Dimensions, elevations, contours, final grades, or
cross-sections of the system to determine flow directions and
conveyance of runoff to the treatment system:
5. Dimensions, elevations, contours, final grades, or
cross-sections of all conveyance systems utilized to convey
off-site runoff around the system:
6. Existing water elevation(s) and the date determined: and
7. Elevation and location of benchmark(s) for the survey.
(k) The operation phase of this permit shall not become
effective until the permitted has complied with the
requirements of the condition in paragraph (i) above, 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 operating entity approved accepted
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.
(1) Should any other regulatory agency require changes to
the permitted system, the District shall be notified of the
changes prior to implementation so that a determinalton can be
made whether a permit modification is required.


(m) This permit does not eliminate the necessity to obtain
any required federal, state, local and special district
authorizations prior to the start of any activity approved by this
permit. 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 40C-4 or chapter 40C-40, F.A.C.
(n) 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 foi obtaining any necessary
authorizations from the Board of Trustees prior to commencing
activity on sovereignty lands or other state-owned lands.
(o) 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.
(p) 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 specifically approved unless a specific condition of
this permit or a formal determination under section 373.421(2),
F.S., provides otherwise.
(q) 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 section
40C-1.612, 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.
(r) 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 the plans and specifications approved
by the permit.
(s) If historical or archaeological artifacts are discovered at
any time on the project site, the permitted shall immediately
notify the District.
(t) The permi:iee shall immediately notify the District in
writing of any previously submitted information that is later
discovered to be inaccurate.


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(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 chapter 40C-40, F.A.C.,
such reasonable project-specific 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, 373.171 FS. Law Implemented 373.409,
373.413, 373.416, 373.419, 373.422 373.423, 373.426 FS. History-New
12-7-83, Formerly 40C-4.381, 40C-4.0381. Amended 8-1-89, 10-19-89,
3-14-90__

40C-4.900 Forms and Instructions.
The following forms and instructions incorporated by
reference have been approved by the Governing Board and are
available upon request from any of the District offices listed in
section 40C-4.091, F.A.C.
(1) Environmental Resource Management and Storage o
Surface Waters Indi;vidual Permit Application, form number
40C-1.181(2), adopted February 27 1994.
(2) Petition for Formal Wetland Determination form
number 40C-1.181(12) adopted 12-91-.
(3) Construction Commencement Notice form number
40C-1.181(18). adopted
(4) Annual Status Report form number 40C-1.181(19).
adopted
Specific Authority 120.53(1), 373.044, 373.113, 373.118 FS. Law
Implemented 120.52(16), 120.5 3(1), 373.085, 373.116, 373.118, 373.103,
373.106, 373.229, 373.413, 373.421 FS. History-New 5-30-90, Amended
11-12-91, 2-27-94,_ .

THE FULL TEXT OF THE PROPOSED APPLICANT'S
HANDBOOK SECTION IS:
PART I
POLICY AND PROCEDURES
1.0 Introduction
1.1 Policy
In implementing the regulatory Management an
Storage f Surface Waters permitting program
authorized under part IV, chapter 373, F.S., and
established by chapters 40C-4, 40C-40, 40C-41,
40C-42, 40C-43, and 40C-44, and 40C-400,
F.A.C., a policy of the District is to assist those
affected in understanding the program and in
completing permit applications. The regulatory
program under part IV, chapter 373, F.S., has three
major components:
(a) Regulation of surface water management systems
under chapters 40C-4, 40C-40. 40C-41, and
40C-400, F.A.C.;
(b) Regulation of stormwater management systems
under chapter 40C-42, F.A.C.; and


(c) Regulation of agricultural surface water
management systems under chapter 40C-44,
F.A.C.
Three different Applicant's Handbooks have been developed
by the District, corresponding to these three components.
1.2 Purpose
It is the purpose of Tthis Handbook to provides
applicants, potential applicants, and others who
are interested, with information regarding the
Management and Storage of Surface Wators
permitting program for the regulation of surface
water management systems under chapters
40C-4, 40C-40, 40C-41. and 40C-400, F.A.C.
Additionally, certain general information is
provided regarding the District's regulatory
programs under chapters 40C-42 and 40C-44.
F.A.C.: however, more detailed discussions of
these components of ihe District's regulatory
program are found in the "Applicant's Handbook:
Regulation of Stormwater Management
Systems, chapter 40C-42, F.A.C." and the
"Applicant's Handbook: Agricultural Surface Water
Management Systems", respectively. However Iin
cases where conflicting or ambiguous
interpretations of the information contained in
this the Handbook result in uncertainty, the final
determination of appropriate procedures to be
followed will be made by reference to chapters
120 and 373, F.S., and chapters 40C-1, 40C-4,
40C-40, 40C-41, 40C-42, 40C 43, and 40C-44,
and 40C-400 F.A.C.
1.3 No change
1.4 Applicable Statutes and Rules
The Management and Storage of Surface Waters
permit application process is governed by
chapters 373 and chapter 120, F.S., and chapters
40C-1, 40C-4, 40C-40, 40C-41, 40C-42, 40CG43,
and 40C-44, and 40C-400, F.A.C., and is affectedd
by chapters 17 1 and 17 40, F.A.C. Copies of
these statutes (abridged) and rules are included in
this Handbook (Part IV) and should be consulted
for a comprehensive understanding of the
application process.
1.5 Types of Rules
The District has implemented six (6) sets of rules
to regulate surface water management systems
which, manage and store surface- waters: chapter
40C-4, F.A.C.. (Environmental Resource
Permits: Surface Water Management Systems);


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chapter 40C-40, F.A.C., (Standard General
Environmental Resource Permits); chapter
40C-41, F.A.C., (Environmental Resource
Permits: Surface Water Management Basin
Criteria): chapter 40C-42. F.A.C.,
(Environmental Resource Permits: Regulation of
Stormwater Management Systems); chapter
40C-44, F.A.C. (Environmental Resource
Permits:' Regulation of Agricultural Surface
Water Management Systems); and 40C-400,
F.A.C.. (Noticed General Environmental
Resource Permits) (Management and St'oage of
Surface Waters), chapter '10, F.A.. (G reeal
Surface Water M...anageen.....t Pcrmit), and chapter
40C 41, F.A.C.(Surfa Water- Management
SBasin f Citria), .hapter- G 12, F.A.C.
(Regulation ef StF ormwat- Management
Systems), haptoer 0iC 13, F.A.C. (Gcncral
Silvicultural Surface Water Management Permits
ftnr N:tieo) :and 1hfter 40C 44 F.A.C.


(Regulation of Agricultur-al Surfae Watrt
Management Systems).
Chapter 40C-4, F.A.C., provides for the
regulation of surface water management systems
projects which are above the thresholds explained
in section 3.3 of this Handbook. The term
"surface water management system" includes any
stormwater management system, dam,
impoundment, reservoir, appurtenant work, or
works, or any combination thereof. The term also
includes dredged or filled areas. (See section 2.0
of this Handbook for definitions of these terms.)
This chapter It establishes procedures which are
to be followed in obtaining a permit, and it lists
the criteria which must be met in order to obtain a
permit. Individual and conceptual approval
environmental resource permits are issued
pursuant to chapter 40C-4, F.A.C.
Chapter 40C-40, F.A.C., provides for a shortened
permitting procedure for surface water
management systems project which are
relatively small-scale (see section 3.3 of this
Handbook for a description of thresholds) and
which meet the criteria established in chapter
40C-4 F.A.C. Tthese types of permits are known
as "standard general environmental resource
permits." Systemt which are required to be
pemitted and w.hih do not qualify for a general


1.5.3











1.5.4


1.5.56


permit must bo permitted under tho provision:) of
chapter 41C 4; the chapter '10C 4 permit arc
known as "individual permits."
Chapter 40C-41, F.A.C., establishes criteria
which must be met for systems within specified
geographic areas of special concern. These
criteria are in addition to the ones established in
chapters 40C-4, 40C-40, and 40C-42, F.A.C., and
are applicable to both individual permits -amd
standard general, and conceptual approval
permits issued under chapters 40C-4, 40C-40,
and 40C-42, F.A.C.
Chapter 40C-42, F.A.C., provides for the
permitting of stormwater management systems
for certain projects that fall below the thresholds
explained in section 3.3 of this Handbook.
Permits issued under chapter 40C-42, F.A.C., are
known as either individual or st.:dard general
environmental resource stormwater permits. In
addition, the rule contains standards and design
and performance criteria for the stormwater
management systems that serve to provide
reasonable assurance that systems meet the water
quality standards and criteria in chapter 40C-4,
F.A.C.
Chapter- 40 43, F.A.C., preides far an
abbreviated pormitting-procedure for certain.


sttINtuturid qystmn wmen afe rettwNy 9u
sealc C-cc ,ection 3.3 of this Handbook for ft
description of thresholds) and w..'.eh meet the
Criteria established in chapter -'- A





permitting of ertaiknn agricultural operations that
are not required to obtain a permit under chapter
permitted but which do not qualify for a general
permit by notice as de. enibed in chapter 40C 43,




A.40C-4, mustA.C., and are not statutorily exempt
40C 10, 40C 4, or 40C 6, F.A.C., whichever i3
applicable.
Chapter 40C-44, F.A.C., provides for the
permitting of certain agricultural operations that
are not required to obtain a permit under chapter
40C-4, F.A.C., and are not statutorily exempt.
Permits issued under chapter 40C-44, F.A.C., are
known as either individual or standard general
environmental resource agricultural system
permits. In addition, the rule contains stL dards
and presumptive design and performance criteria
for agricultural surface water management


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systems that serve to provide reasonable
assurance that systems meet the water quality
standards and criteria in chapter 40C-4, F.A.C.
1.5.6 Chapter 40C-400. F.A.C., provides for noticed
general environmental resource permits for
certain specified surface water management
systems. A system which meets or exceeds the
permitting thresholds in section 3.3 of this
Handbook or chapters 40C-42 or 40C-44, F.A.C.,
and complies with all the requirements for a
noticed general permit, is not required to obtain a
permit under chapters 40C-4, 40C-40, 40C-42, or
40C-44, F.A.C.
2.0 Definitions
The following definitions are used by the District to clarify its
intent in implementing its permitting programs pursuant to part
IV, chapter 373, FS. Many of these definitions are derived
directly from chapter 373, F.S., and are reproduced here for the
convenience of applicants.
(a) through (g) No change.
(h) Creation The establishment of new wetlands
or surface waters by conversion of other land
forms.
(i)(h) No change.
(J)(i) Direct Hydrologic Connection A surface
water connection which occurs on an average of
30 or more consecutive days per year. In the
absence of reliable hydrologic records, a
continuum of wetlands maybe used to establish a
direct hydrologic connection (subseetion
40C 4.021(4), F.A.C.).
(k)(j) No change.
(1) Drainage basin A subdivision of a watershed.
(subsection 373.403(9). F.S.)
(m) Dredging Excavation, by any means, in
surface waters or wetlands, as delineated in s.
373.421(1). Excavation also means the
excavation, or creation, of a water body which is,
or is to be, connected to surface waters or
wetlands, as delineated in s. 373.421(1), directly
or via an excavated water body or series of water
bodies. (subsection 373.403(13), F.S.)
(n) Enhancement Improving the ecological value
of wetlands, other surface waters, or uplands that
have been degraded in comparison to their
historic condition.


(0) Estuary 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
riverain systems. (subsection 373.403(15), F.S.)
(p) Filling The deposition, by any means, of
materials in surface waters or wetlands, as
delineated in s. 373.421(1). (subsection
373.403(14), F.S.)
(k) through (n) renumbered (q) through (t) No change.
(u)(e) Isolated Wetland Any wetland without a direct
hydrologic connection to a lake, stream, estuary,
or marine water not within the jurisdiction of the
Department of Environmentenl Regulation for the
pu:poes of regulation of dredging and filling.
(v) Lagoon 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. (subsection 373.403(16), F.S.)
(w) Listed Species Those animal species which
are endangered, threatened or of special concern
and are listed in sections 39-27.003, 39-27.004,
and 39-27.005, F.A.C., and those plant species
listed in 50 Code of Federal Regulation 17.12.
(p) and (q) renumbered (x) and (y) No change.
(z) Mitigation An action or series of actions to
offset the adverse impacts that would otherwise
cause a regulated activity to fail to meet the
criteria set forth in sections 12.2 12.2.8.2.
Mitigation usually consists of restoration.
enhancement, creation, preservation, or a
combination thereof.
(aa) Other surface waters Surface waters as
described and delineated pursuant to section
17-340.600, F.A.C., as ratified by section
373.4211, F.S., other than wetlands.
(r) through (t) renumbered (bb) through (dd) No change.
(ee) Preservation The protection of wetlands, other
surface waters or uplands from adverse impacts
by placing a conservation easement or other
comparable land use restriction over the property
or by donation of fee simple interest in the
property.
(ff)(u) No change.


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(gg) Regulated activity The construction,
alteration, operation, maintenance, abandonment
or removal of a system regulated pursuant to part
IV, chapter 373, F.S.
(v) and (w) renumbered (hh) and (ii) No change.
(ii) Restoration Converting back to a historic
condition those wetlands, surface waters, or
uplands which currently exist as a land form
which differs from the historic condition.
(kk) Seawall A manmade wall or encroachment,
except riprap, which is made to break the force of
waves and to protect the shore from
erosion.(subsection 373.403(17), F.S.)
(11) Stormwater management system A system
which is designed and constructed or
implemented to control discharges which are
necessitated by rainfall events, incorporating
methods to collect, convey, store, absorb, inhibit.
treat, use, or reuse water to prevent or reduce
flooding, overdrainage, environmental
degradation, and water pollution or otherwise
affect the quantity and quality of discharges from
the system. (subsection 373.403(10), F.S.)
(x) and (y) renumbered (mm) and (nn) No change.
(oo(4) Surface Water Management System or System -
Any stormwater management system, eembiatien
of dams, impoundments, reservoirs, appurtenant
works, or works, or any combination thereof. The
terms "surface water management system" or
"systems" include dredged or filled areas that
pFevroie drainage. water storage, ooeen.yanoo, or
other gurfae water m.anatgem.ent apabilitie
(subsection 40C-4.021(9)(8), F.A.C.).
(pEp(ea) Total Land Area Land holdings under
common ownership which are contiguous or land
holdings which are served by common surface
water management facilities (subsection
40C-4.021(10)(9), F.A.C.).
(gqqbb) Traversing Work Any artificial structure or
construction that is placed in or across a stream,
or other watercourse, or an impoundment
(subsection 0C '1.021(10), F.A.C.).
(r) Watershed- The land area which contributes to
the flow of water into a receiving body of water.
(subsection 373.403(12), F.S.)
(ssX)ee) Wetlands Those areas that ar: inundated or
saturated by surface or ground water at a
frequency and a duration sufficient to support,
and under normal circumstance 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,
riverain swamps and marshes, hvdric 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.
(subsection 373.019(17), F.S.) The landward
extent of wetlands shall be delineated pursuant to
sections 17-340.100 through 17-340.550, F.A.C.,
as ratified by section 373.4211, F.S. Are
hydrel -ally sensitive areas wl.ih- are
identified by being inundated or saturated by
surface or ground water with a frequency and
duration aufficiont to support, and that undoi
normal .irc.umstan..s do support, a prev-alnce of
vegetation typically adapted for life in saturated
seil conditions. Wetlands generally-include
swamaps, marshes, bogs-eatd simla- arc as.
(subsection 40C-4.021(13X4-), F.A.C.)
(cc) through (ee) renumbered (tt) through (vv) No change.
3.0 Activities Requiring a Permit
3.1 Date of Implementation
chapters 40C-4, 40C-40, and 40C-41. F.A.C. The
throe rules desribed in this Handbook became
effective December 7, 1983.
3.1.1 Prior to December 7, 1983, Management and
Storage. f Su"rfac Waters rules authorized under
part IV, chapter 373. F.S., wi..e implemented in
the Upper St. Johns River Basin and the
Ocklawaha River Basin.
3.1.2 and 3.1.3 No change.


2934 Section II Proposed Rules


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3.1.4 The areas of the District in which the District had
previously implemented Management and
Storage Cf Surface Waters rules authorized under
part IV, chapter 373, F.S., are depicted in Figure
3.1-1.
3.2 Permits Required
An individual or general permit must be obtained
for any stormwater management system, dam,
impoundment, reservoir, appurtenant work or
works which exceed the thresholds listed in
section 3.3 of this Handbook. Such permit is to be
obtained as:
(a) through (f) No change.
3.2.1 through 3.2.4 No change.
3.3 Thresholds
3.3.1 A general or individual permit is required prior to
the undertaking of any activity described in
section 3.2 if such activity:
(a) through (f) No change.
(g) contains a traversing work which traverses:
Sa stream r other oewater course with a drainage
area Cf five or merne square miles upstream from
the traversing work, Cr
an impoundment with more than 10 acres of
surface area; or
(h) enrtais a surface water management system
whieh series an area of five or mre contiguous
acres of wetlands whieh has a direct hydrolegie
eeneetion toe
4- a stream with a drainage area Cf five er more
square miles- eF
San impoundment with no outfall which is net
wholly owned by the applicant and whieh is 10
acres or greater in size; or


-3- a wetland not wheol
(i) renumbered (g) No change.
(j) consists of or inelu


V" Wfl,


3.


ao v' mae applicant.


es filling in, excavation in, or


raimage or a wetiana wfiWe is not ise wKhen
any of the filling, e.xcavation, Cr drainage i
located within -the Econloekhatchee Rive.
Hydrologic Basin.
(h}(k) is wholly or partially located in, on, or over
within any isolated wetland or other surface
water.
3.3.2 A standard general environmental resource
permit is issued for a specific a class of surface
water management systems which meet the


criteria specified in chapters 40C-4, 40C-40, and
40C-41, F.A.C. (if applicable), and this
Handbook, and which:
(a) are not capable of impounding more than 120
acre-feet; and
(b) serve projects of eentains less than 100 1-2 acres
total land area; and
(c) do not involve regulated activities, including
dredging or filling, in, on, or over a total of one
acre or more of wetlands and other surface waters
are-fnet--subjec -t j the jrisdieiCn f the
Department of Environmental Regulation for the
p t.pses of regulation Cf dredging and filling
except those systems which arc only required to
obtain general permits pursuant te sections
17 312.800 through 17 312.819, F.A.C.
3.3 (Existing text repealed. See Applicant's
Handbook: Management-and Storage of Surface
Waters, effective February 27, 1994, for present
text.)
A noticed general environmental resource permit
may be applied for under chapter 40C-400,
F.A.C., for certain specified surface water
management systems which meet the terms.
conditions, limitations, and restrictions
applicable to any of the following noticed general
permits:
(a) General Permit for Installation or Maintenance of
Boat Ramps and Associated Accessory Docks
(see section 40C-400.417, F.A.C.).
(b) General Permit to Florida Game and Fresh Water
Fish Commission for the Alteration or
Maintenance of Existing Boat Ramps and the
Construction or Alteration of Accessory Docks
for Existing Ramps (see section 40C-400.419,
F.A.C.)
(c) General Permit for Certain Piers and Associated
Structures (see section 40C-400.427, F.A.C.)
(d) General Permit for Installation of Riprap (see
section 40C-400.431, F.A.C.).
(e) General Permit for Installation of Fences (see
section 40C-400.437, F.A.C.).
(f) General Permit for the Construction or
Maintenance of Culverted Driveway or Roadway
Crossings and Bridges of Artificial Waterways
(see section 40C-400.439. F.A.C.).


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(g) General Permit to the Florida Department of
Transportation for Minor Bridge Alteration,
Replacement, Maintenance and Operation (see
section 40C-400.443, F.A.C.).
h) General Permit to the Florida Department of
Transportation (FDOT) for Minor Works Within
Existing FDOT Rights-of-Way or Easements (see
section 40C-400.447, F.A.C.).
(i) General Permit for Underground Cable, Conduit,
or Pipeline (see section 40C-400.453, F.A.C.).
(j} General Permit for the Construction of Aerial
Pipeline. Cable, and Conduit Crossings of
Certain Waters (see section 40C-400.455,
F.A.C.).
(k) General Permit for Subaqueous Utility Crossings
of Artificial Waterways (see section
40C-400.457, F.A.C.).
(1) General Permit for the Construction and
Operation of Culverts and Associated Water
Control Structures in Mosquito Control
Impoundments by Governmental Mosquito
Control Agencies (see section 40C-400.463,
F.A.C.).
(m) General Permit for Breaching Mosquito Control
Impoundments by Governmental Mosquito
Control Agencies (see section 40C-400.467.
F.A.C.).
(n) General Permit for Minor Activities (see section
40C-400.475, F.A.C.).
(o) General Permit to the Department and Water
Management Districts to Conduct Minor
Activities (see section 40C-400.483, F.A.C.).
(1 General Permit to the Department and Water
Management Districts for Environmental
Restoration and Enhancement (see section
40C-400.485, F.A.C.).
(q) General Permit to the Department and Water
Management Districts to Change Operating
Schedules for Department or District Water
Control Structures (see section 40C-400.487.
F.A.C.).
L(r General Permit for U.S. Forest Service for Minor
Works Within National Forests (see section
40C-400.495. F.A.C.).
(s) General Permit for Construction, Operation,
Maintenance, Alteration, Abandonment or
Removal of Minor Silvicultural Surface Water
Management Systems (see section 40C-400.500,
F.A.C.).


3 -34


A general iSolated wetland permit may bo applied
for if at urifae water management system -meets
the permit thresholds set forth i- paragraph
3.3.1(k) and subsection 3.3.2, but docs not meet
or -exeed any of theo ther- thsholds in
subsection 3.3.1. The only objectives, harm to the
water roaourocc standards, and harm to the water
resources criteria which shall be applicable t
such an application shall be those in paragraphs
9.1.1(i) and 6) paragaph 10.1.2(g), and
paragraph 10.2.1(c). Additionally, the standards
and requirements act forth in chapter' C 4G-12,
F.A.C., shall apply. Tho applicant shall comply
the appropriate permit application form and
pro-vide all required supporting information. The
application shall be processed according to thE
procdures and limiting conditions for general
permits sct forth in action 6 of this Handbook
-n--- -1-ntpr-)r .Ifl A() nn AC1V 1 F A C'


3.3.5 renumbered 3.3.4 No change.
3.4 Exemptions
3.4.1 Florida Statutes specifically exempt certain
activities from the requirements of chapters
40C-4, 40C-40, 40C-41, and 40C-400 4-43
F.A.C., as well as other regulatory rules
implementing part IV, chapter 373, F.S. These
statutory exemptions are discussed below:
(a) Subsection 373.406(1), F.S., states that "Nothing
herein, or in any rule, regulation, or order
adopted pursuant hereto, shall be construed to
affect the right of any natural person to capture,
discharge, and use water for purposes permitted
by law." Thus, the consumptive use of water for a
domestic use does not by itself require an
environmental resource Management and Storage
of Surface Water permit under part IV, chapter
373, F.S. the pr;viionas of Chapt:r lOG
a0C -0, and NC 411. F.A.C. Such use may,
however, require that a consumptive use permit
be obtained. Refer to chapter 40C-2, F.A.C., for
details.
(b) through (d) No change.
3.4.2 No change.
3.5 through 3.5.4 No change.
4.0 Application Preparation
4.1 through 4.1.2 No change.
4.2 Forms and Instructions


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4.2.2
















4.2.3


The application form including the required site
and system design information for an individual
and standard general environmental resource
Management and Storage of Sufface Waters
permit under chapters 40C-4 and 40C-40, F.A.C.,
respectively, has been adopted as a rule in
subsections 40C-4.900(1), and 40C-40.900,
F.A.C. A copy of this the application form is
included in Appendix B of this Handbook. This
the form must be used to apply for a permit to for
construction, maintain maintenance, alteration,
remove removal, or abandonment-of a system
pursuant to these respective chapters. An
application to for operate eperatin of a system is
made automatically with an application for
construction, maintenance, removal, or alteration.
Thus Jinformation regarding operation of the
system must be included in the permit application
submittal.
The form for submitting notice of intent to use a
noticed general permit under chapter 40C-400,
F.A.C., has been adopted by reference in
subsection 40C-400.900(1), F.A.C. A copy of the
form is included in Appendix B of this
Handbook. This form must be used in submitting
the notice required by Chapter 40C-400, F.A.C.
The application form including th inst d tian
f tsuor tatin of incett to ecrintrut a minoo
silvicultural system has be,-n-adoptd by
referonoc in section 40C 43.900, F.A.C. The form
ust b hen subi r the notification of intent to
nstrcdt aene miner it, iliulturial ytemum.
Five Three copies of each of the following must
be submitted when applying for a permit:
application form, construction plans, and any
supporting documents describing the proposed
system. When submitting a notice of intent for a
noticed general permit, applicants must submit
three copies of the notice form and supporting
documents describing the system. A list of
required site and system design information is a
part of the application or notice form. The
applicant must also provide the appropriate
permit processing fee.
Applicants are advised that the District's approval
of a permit by the-Distrit does not convey to the
applicant, or create in the applicant any property
right or any interest in the real property, whie-h-is


Section II Proposed Rules 2937


the subject of the application nor does it authorize
any entrance upon or activities on property which
is not owned or controlled by the applicant.
4.2.4 Repealed. See Applicant's Handbook:
Management and Storage of Surface Waters,
effective February 27, 1994, for present text.
4.3 through 4.3.2 No change.
5.0 Procedures for Processing Individual
Environmental Resource Permits
5.1 through 5.3.2 No change.
5.3.3 The applicant has 90 60 days from the date of the
request for additional information to supply that
information to the District. If an applicant
requires more than 90 60 days in which to
complete an application, the applicant may notify
the District in writing of the circumstances and
for good cause shown, the application shall be
held in active status foi one additional period of
up to 90 60 days.
5.3.4 No change.
5.4 Staff Evaluation
5.4.1 through 5.4.2 No change.
5.4.3 The goal of the permit evaluation procedure is to
assure that the proposed design is consistent with
the standards and criteria for evaluation. If the
reviewer determines that the design as submitted
in the application is inconsistent with the
standards and criteria, the District staff will
endeavor to assist the applicant in submission of
changes in design that will correct the
deficiencies in the original application where
possible. The responsibility for changing the
permit application and designing corrections
remains that of the applicant.
5.4.4 No change.
5.4.5 Notification to Public for Input
Notice of receipt of an application will be posted
in the District headquarters and in eaeh
peritti-noffiee.
Once the District receives an application, notice
of such application will be provided to those
people who have previously filed a written
request for notification of pending applications
affecting a designated area. Such notice will be
sent by regular mail.
For the District staff to properly evaluate any
information which interested persons may
submit, these persons are advised to contact the
District within 14 days of notification if they


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5.4.6
5.5 through
6.0

6.1
6.1.1























6.1.2












6.1.3



6.1.4




6.2


6.:




6.


have questions, objections, comments or
information regarding the proposed system.
Those who file a written request for further
information regarding the permit application will
be furnished the information requested prior to
the Governing Board meeting at which the
application will be considered.
No change.
5.5.2 No change.
Procedures for Processing General
Environmental Resource Permits
Procedures Required
The District is required to follow certain
procedural guidelines set forth in chapter 120,
F.S., the Administrative Procedures Act. These
guidelines provide rules of procedure and public
visibility for all District activities which affect
the public; this includes the scheduling of
meetings, establishment of rules and criteria, and
the procedures to be followed in reviewing and
acting on permit applications. Additionally, the
District has adopted chapter 40C-1, F.A.C.,
Organization and Procedure, which describes the
District's organization and clarifies the specific
procedures of the St. Johns River Water
Management District. The District has also
adopted chapter 40C-40, F.A.C., setting forth
procedures for the processing of standard general
permits and section 40C-400.211, F.A.C., setting
forth procedures for the processing of noticed
general pe-mits.
This section provides a brief overview of the
procedures which the District will follow in
receiving, processing, and acting on a general
permit application or notification of intent to
undertake an activity under the provisions of a
general permit. It is not a substitute for chapter
120, F.S., or chapters 40C-1, 40-40 or 40C-400,
F.A.C.; but is rather to be considered a brief
explanation of District procedure which conform
to chapters 120, F.S., and chapter 40C-1, F.A.C.
Chapter 120, F.S., and chapters 40C-1 and
40C-400, F.A.C., are attached as appendices in
Part IV.
Two types of general permits are available from
the District: s-andard general permits pursuant to
chapter 40C-40, F.A.C., and noticed general
permits pursuant to chapter 40C-400, F.A.C.
Standard General Permits


P .suant to Gene.ral D.Peit and may proceed
upon proper filing of this Notice of Intent.
6.2.3 and 6.2.4 No change.
6.3 Initial Receipt of a Standard General Permit
Application
6.3.1 When the generel-penmit: application for a
standard general permit is completed and signed,
it must be delivered to the District headquarters
or to one of the District offices indicated on the
form. In order to be processed in a timely manner,
the general permit application must include all
supporting documentation, and the appropriate
permit processing fee.
6.3.2 District staff will then conduct a review of the
general pen-it-application for a standard general
permit to determine that all necessary
information is included. If the application does
not contain all of the required information or fee,
the necessary additional information or fee will
be requested from the permitted within 30 days of
receipt of the application by the District. The
application is then reviewed and evaluated using
the criteria discussed in Part II of this Handbook.
6.4 Request for Additional Information Regarding a
Standard General Permit


2938 Section I Proposed Rules


2.1 District standard general permits differ from
individual permits in that they are granted by rule
r .ther than upon application to all systems which
meet certain requirements guidelines.
2.2 These requirements guidelines are:
(a) The systems must meet certain threshold
requirements (see section 40C-40.302 and
43.302, F.A.C., and section 3.3 of this
Handbook); and
(b) The systems must be designed, constructed, and
operated in accordance with District design
criteria (see sections 40C-4.301. 40C-4.302,
40C-40.302, and 40C-41.063, and 40C 43.302,
F.A.C., and Part II of this Handbook); and
(c) The person who seeks to exercise his rights "nder
the previsions ef a standard general permit must
submit a complete permit application to the
District at least 30 days prior to undertaking the
activity which would otherwise require an
individual permit and he must receive District
authorization rior to proceeding. Whe-e the

Sundrtakig is solely punrant to chapter 40C 13,
F.A.C., the applicant must file a Notice of Intent
tn- i-.n'tnip~-nr M~.inr Si1"ipilti~r,,'1 i-Sv--l~


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6.4.1















6.4.2








6.4.3






6.4.4










6.5
6.5.1





6.5.2


6.5.3


The first step of this review process is to
determine whether all the technical data needed
for a complete review of the application has been
provided. In those cases where the information
contained in the submitted application for a
standard general permit notice of intent is not
complete, the District staff will request that the
additional information be supplied and will
inform the permitted as to the reason that such
information is required. Such requests for
additional information will be accompanied by
citation to a specific rule pursuant to section
373.417, F.S.
If the standard general permit application is
determined to be incomplete, the District will
request the necessary additional technical
information within 30 days after the receipt of the
application. The District will take action on the
application within 30 days after the requested
information has been received.
If an applicant requires more than 90 60 days in
which to complete an application, the applicant
may notify the District in writing of the
circumstances and for good cause shown the
application shall be held in active status for one
additional period of up to 90 60-days.
If, within the given time frame, the permitted
does not submit requested information or fee,
(which was requested within 30 days after receipt
of the application), the permitted will be notified
that the application is being upgraded to an
individual application and prepared for a
recommendation of denial pursuant to section
40C-1.605. EA.C No additional permit fee will
be required in this event.
Staff Evaluation of Standard General Permit
Once the standard general permit application is
complete, the staff will begin technical review of
the application. Criteria used in the evaluation are
defined and discussed in Part II of this
Handbook.
The final staff evaluation will include a
determination that the described system either
meets the criteria for obtaining a standard general
permit or that it apparently does not. If a standard
general permit application apparently does not
meet those criteria, then the application will be
processed as an application for an individual


permit and the applicant will be so notified, and
provided a written explanation of the need for an
individual permit.
Within 30 days after a standard general permit
application is complete, the District staff will
issue the general permit or notify the applicant
that the permit application is upgraded to
individual status. Where the undertaking is solely
pursuant to chapter 40C 43, F.A.C., the applicant
may proceed upon proper filing of a complete
Notice ef Intent t eConstruct a Minr
Silviu..ltural System Pursuant to General Permit.
For those systems which meet the District criteria
and arc not activities undertaken pursuant to
chapter 40C 43, F.A.C., a standard general permit
will be issued.
Notification to Public for Input Regarding
Standard General Permits
At the time that the District has received a
standard general permit application, it will
provide public notice that the application has
been filed. Such public notice will be sent by
regular mail to those people who have previously
filed a written request for notification of pending
applications within the affected area.
Except f-r activities conducted pursuant to
chapter 4G 443, F.A.C., Nnotice of receipt of an
application for a standard general permit will be
posted in the District headquarters and in each
permitting office.
For the District staff to properly evaluate any
information which interested persons may
submit, these persons should contact the District
as soon as possible after receiving notice of the
application if they have questions, comments, or
information regarding the proposed system.
Objections Regarding Standard General Permits
A substantial objection as defined in section 6.2.4
will automatically cause the application for a
stand d general permit to be considered an
application for an individual permit. Substantial
objections must be filed with the District within
14 days of posting of the notice of the
application. The applicant will be notified that an
objection has been received and that the
procedures for application for an individual
permit must be followed. No additional fee will
be required for standard general permit


Section II Proposed Rules 2939


6.5.4




6.5.5
























6.5.6


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6.6
6.6


applications which are upgraded to individual
status as a result of objections as described
above.
Noticed General Permits
.1 Noticed general permits authorize the
construction, operation, maintenance, alteration,
abandonment, or removal of certain minor
surface water management systems as set forth in
this chapter, after notice is provided to the
District. The noticed general permits are set forth
in chapter 40C-400, F.A.C. Noticed general
permits differ from individual permits in that they
are granted by rule to all systems which meet
certain requirements.
These requirements are:
(a) The systems must meet certain threshold
requirements (see sections 40C-400.417 through
40C-400 500, F.A.C.): and
(b) The systems must be designed, constructed, and
operated in accordance with District design
criteria (see sections 40C-400.417 through
40C-400.500, F.A.C.): and
(c) Any person wishing to construct, operate,
maintain, alter, abandon, or remove a surface
water management system pursuant to a noticed
general permit must provide notice to the District
by submitting a complete Notice of Intent to Use
a Noticed General Permit, form 40C-1.181(17),
including the appropriate application fee required
in section 40C-1.603, F.A.C., to the District at
least 30 days prior to undertaking any proposed
construction, operation, maintenance, alteration,
abandonment, or removal of the system.
6.2 When the form for a notice of intent to use a
noticed general permit is completed and signed,
three copies must be submitted to the District
headquarters, or to one of the District offices
indicated on the form. For the purposes of this
subsection, the application form is only
considered submitted when it is actually received
by the District. The notice of intent must include
all supporting documentation, and the
appropriate permit application fee.
7 Staff Evaluation of a Notice of Intent to Use a
Noticed General Permit
7.1 District staff will then review the notice of intent
to determine whether all necessary information is
included and whether the proposed system
Qualifies for a noticed general permit. 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 notice
of intent form. 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. 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 notice to use the general permit or
amended notice to use the general permit if an
amended notice is submitted, the applicant may
conduct the activity authorized by the noticed
general permit.
If the notice of intent does ndt contain all of the
required information or fee, the District will
notify the applicant that he does not qualify for
the noticed general permit. 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 notice to the
District, the applicant shall have 60 days from the
dIle of the notification to amend the notice to use
the general permit and submit additional
information to correct such error or omission. If
the applicant amends the notice to use a noticed
general permit 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 notifies an applicant that the system
for which a noticed general permit is sought does
not qualify for the noticed general 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.
For systems which qualify for a noticed general
permit, the District will not publish, or require the
applicant to publish, newspaper notice of the
notice submitted to qualify for the permit.
However, persons qualifying for a noticed


2940 Section II Proposed Rules


6.


6.


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general permit may publish, in a newspaper of
general circulation in the affected area, a notice
of intent to use a noticed general permit.
6.8 Special Procedures for Certain Noticed General
Permits
6.8.1 The following two noticed general permits:
general permit for minor activities (section
40C-400.475, F.A.C.) and general permit for
minor silvicultural surface water management
systems (section 40C-400.500, F.A.C.), have
procedures specified within the noticed general
permit that are different from the generally
applicable procedures for noticed general
permits. Whenever a noticed general permit
specifies procedures different from the
procedures in section 40C-400.211, F.A.C. or the
Handbook, the procedures specified in the
noticed general permit will govern.
7.2 Public Works Projects
7.2.1 A municipality or county may apply for and
receive a standard general or individual permit
for its existing or proposed master drainage plan
in its area of jurisdiction.
-~ 7.2.2 Such application will be processed in accordance
with the procedures established for standard
general and individual permits.
7.2.3 After a municipality or county has received an
individual permit for its master drainage plan,
subsequent activities which are conducted in
accordance with the plan and which would
ordinarily require an individual permit, may be
authorized under the provisions of a standard
general permit.
7.2.4 No change.
PART II
CRITERIA FOR EVALUATION
8.0 Criteria for Evaluation
8.1 Purpose
The criteria which are explained in this part are
those which have been approved by the
Governing Board for use by District staff in
evaluating environmental resource Management
d Storage of Surface Water permit applications
pursuant to chapters 40C-4, 40C-40, and 40C-41,
F.A.C. The criteria are used in evaluating
applications for individual, standard general, and
conceptual approval permits az well as notices of
gnent to eor T he staff recommvendation of a
general perm-it. The staff recommendation on


permit approval for any permit will be based
upon a determination of whether the system
meets the criteria for evaluation.
8.2 Source of Criteria
The criteria for evaluation have been developed
from guidelines established in Chapter 373, F.S.
(Water Resources Act of 1972); Chapter 403,
F.S., (Environmental Control); Chapter 17-40,
F.A.C. (State Water Policy); and Governing
Board policy as stated in Chapter 40C-4, F.A.C.,
(Environmental Resource Permits: Surface Water
Management Systems Management and Storage
of Surface Waters), Chapter 40C-40. F.A.C.
(Standard General Environmental Resource
Surfae Water Permits), Chapter 40C-41 F.A.C.
(Environmental Resource Permits: Surface Water
Management'Basin Criteria), Chapter 40C-42,
F.A.C.. (Environmental Resource Permits:
Regulation of Stormwater Management
Systems). Chapter 40C-44, F.A.C.,
(Environmental Resource Permits: Regulation of
Agricultural Surface Water Management
Systems). Chapter 17 3, F.A.C.., afterr Quality
Standards), Chapter 17 25, e.A.C., (Regulation
of Stormwater Discharge), this Handbook, and
through permitting decisions of the Governing
Board,. Copies of Chapter 373, F.S., (abridged),
Chapter 17 0, F.A.C., Chapters 40C-4, 40C-40,
afd-40C-41, and 40C-400, F.A.C., are contained
in the appendices in Part IV of this Handbook.
8.3 Statutory Criteria
8.3.1 In order to obtain a permit, an applicant must
give reasonable assurance that:
(a) The construction or alteration of any stormwater
management system, dam, impoundment,
reservoir, appurtenant work or works will not be
harmful to the water resources of the District.
(b) The operation or maintenance of any stormwater
management system, dam, impoundment,
reservoir, appurtenant work or works will not be
inconsistent with the overall ,jectives of the
District and will not be harmful to the water
resources of the District.
(c) The abandonment or removal of any stormwater
management system, dam, impoundment,
reservoir, appurtenant work or works will not be
inconsistent with the overall ob-ectives of the
District.


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All conditions for permit issuance set forth in
sections 9 and 10 are therefore based upon these
two major standards established by the statute.
8.3.2, 8.4, 8.4.1, and 8.4.2 Repealed. See Applicant's
Handbook: Management and Storage of Surface Waters,
effective February 27, 1994, for present text.
9.0 Conditions for Issuance of Permits Overall
Objectives of the District
9.1 Section 40C-4.301, F.A.C., Conditions
Objectives
9.1.1 (Substantial rewording of subsection 9.1.1. See
Applicant's Handbook, effective February 27,
1994, for present text)
In order to obtain an individual, standard general,
or conceptual environmental resource permit, an
applicant must provide reasonable assurance that
the construction, alteration, operation,
maintenance, removal, or abandonment of a
surface water management system:
(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 by
wetlands and other surface waters:
(e) Will not adversely affect the quality of receiving
waters such that the water quality standards set
forth in chapters 17-3, 17-4, 17-302, and 17-550,
F.A.C., including any antidegradation provisions
of sections 17-4.242 (1)(a) and (b), 17-4.242(2)
and (3). and 17-302.300, F.A.C., and any special
standards for Outstanding Florida Waters and
Outstanding National Resource Waters set forth
in sections 17-4.242(2) and (3), F.A.C., will be
violated;
(f) Will not cause unacceptable secondary impacts to
the water resources:
Lg) Will not adversely impact the maintenance of
surface or ground water levels or surface water
flows established in Chapter 40C-8, F.A.C.;
(h) Will not cause adverse impacts to a work of the
District established pursuant to section 373.086,
F.
(i) Is capable of being effectively implemented:


9.


(j) Will be conducted by an entity with sufficient
financial responsibility to ensure 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 in chapter
40C-41, F.A.C.
1.2 If the applicant is unable to meet water quality
standards because existing ambient water quality
does not meet standards, the District shall
consider mitigation measures proposed by the
applicant that cause net improvement of the water
quality in the receiving body of water for those
parameters that do not meet standards. Because-a
prpsed system mmay result in both beneficial


9.1.3
9.1.4





9.1.5










10.0

10.1


Manronveui aericion whichrms 0 ar. oa n acivit

hea provided enidtf ese of rersnable iatne of
compliance with Subparagph 40G 4.301(l)(a)
the District may cansidner a balancing ef specifi
effect to shw the l systm is net in;oesiatent
with the to e irall bjc1tives of the District.
No change.
Mangrove alteration which is part of an activity
requiring an environmental resource permit shall
be evaluated pursuant to the criteria of chapter
17-321, F.A.C., during review of the
environmental resource permit application.
The District shall take into consideration a permit
applicant's violation of any rules adopted
pursuant to sections 403.91-403.929, F.S.(1984
Supp.), as amended, or 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 assurances that District
permitting standards will be met.
Additional Conditions for Issuance of Permits
Harmt te the Water Resaurces of the District
Section 40C-4.302, F.A.C., Conditions Hafm tt
the Water Resauraes Standards


(Existing text of 10.1.1 and 10.1.2 repealed. See Applicant's
Handbook: Management and Storage of Surface Waters,
effective February 27, 1994, for present text)
10.1.1 In addition to the conditions set forth in section 9,
in order to obtain a standard general, individual.
or conceptual approval permit an aoplicant must


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provide reasonable assurance that the
construction, alteration, operation, maintenance,
removal, and abandonment of a system:
(a) located in, on, or over wetlands or other
surfacewaters 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:
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.
(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 12.2.5 of the Applicant's
Handbook adopted by reference in section
40C-4.091, F.A.C.
(d) Which constitute vertical seawalls in estuaries or
lagoons, will comply with the additional criteria
provided in subsection 12.2.6 of the Applicant's
Handbook.
10.2 Harm to the Water Resources and Objectives of
the District Criteria


10.2.1


It is presumed that a system meets the standards


listed in subsections 9.1.1 through 9.1.3 and
10.1.1 101.2 if the system meets the following
criteria:
(a) through (d) No change.
(e) State water quality standards must not be violated
(see Section 10.7). Wetland functions and watef
quality must not be adversely impacted (see
seetion4 107)
(ff The applicant must establish financial
responsibility and provide for an operation and
maintenance entity (see Section 10.8).
(g) The environmental criteria must be met (see
Section 12).
(h) Applicable basin criteria must be met (see
Section 11).
10.2.2 through 10.6.3 No change.
10.7 Water Quality Env 'ir.nmental Considerationz
10.7.1 Criterion: State Wetland functions and water
quality standards must not be violated adversely

(10.7.2 through 10.7.5 repealed. See amendments proposed in
Section 12. See Applicant's Handbook: Management and
Storage of Surface Waters, effective February 24, 1994, for
current text.)
10.7.2 10.7.6 Water Quality
The District cannot by permit authorize
degradation of water quality below the standards
set forth in chapters 17-3 and 17-4, 17-302 and
17-550, F.A.C. Furthermore, the District cannot
authorize permits which modify the quantity of
water discharged offsite if such discharge will
cause adverse environmental or water quality
impacts.
The quality of stormwater discharged to
receiving water is presumed to meet the surface
water standards in chapters 17-3, 17-4, and
17-302, F.A.C., and ground water standards in
chapter 17-550, F.A.C., if the system requires a
permit pursuant to chapter 40C-42, F.A.C., or
chapter 40C-44, F.A.C., and is in compliance
with such chapter; or the system has a valid
agricultural discharge/industrial wastewater
treatment facility operating permit under chapter
17-6, F.A.C.
When an activity which requires a permit
pursuant to chapter 40C-4, F.A.C., also requires a
permit pursuant to either chapters 40C-42 or
40C-44, F.A.C., the review for determining


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compliance with all relevant permitting
requirements will be included as part of the
environmental resource MSSW permit issued
pursuant to chapter 40C-4, F.A.C., (i.e., for these
projects a separate permit will not be required).
For this reason, environmental resource MSSW
permit applications for these systems must also
include all information required by chapter
40C-42 or 40C-44, F.A.C., as appropriate.
Further information and guidelines for design of
water quality treatment practices (such as
retention or wet detention) is available from the
District upon request as part of chapters 40C-42
and 40C-44, F.A.C., and the permit application
and supporting materials.
10.8 Applicant Responsibility
10.8.1 Criterion: The applicant must provide for an
operation and maintenance entity and establish
financial responsibility.
10.8.2 The a-plicant shall establish financial
responsibility as required in subsections 12.3.7
through 12.3.7.9.
10.8.3 The applicant must provide for an operation and
maintenance entity as required in subsections
7.1.1 through 7.1.4.
11.0 No change.
11.1 Upper St. Johns River Hydrologic Basin
In addition to the design criteria described in
Sections 9.0 and 10.0 above, systems in the
Upper St. Johns River Basin must meet the
following criteria:
11.1.1 Storm Frequency
System shall meet applicable discharge criteria
for 10 year and 25 year frequency storms. On-site
storage and outlet capacity should be designed
for the 25 year storm. Outlet capacity design
should be checked and further refined, if
necessary, for the 1C year storm. (See Section
13.9 42-9 for detailed discussion of detention
design.)
11.1.2 and 11.1.3 No change.
11.2 Oklawaha River Hydrologic Basin
In addition to the design criteria described in
Sections 9.0 and 10.0 above, systems in the
Oklawaha River Hydrologic Basin must meet the
following criteria:
11.2.1 Storm Frequency


The sSystem shall meet applicable discharge
criteria for 10 year and 25 year frequency storms.
On-site storage and outlet capacity should be
designed for the 25 year storm. Outlet capacity
design should be checked and further refined, if
necessary, for the 10 year storm. (See Section
13.9 44-9 for detailed discussion of detention
design.)
11.2.2 No change.
11.3 Wekiva River Hydrologic Basin
In addition to the standards and design criteria
described in Sections 9.0 and 10.0 above,
systems in the Wekiva River Hydrologic Basin
must meet the following standards and criteria:
11.3.1 through 11.3.3 No change.
11.3.4 Standard for Limiting Drawdown
Lowering the ground water table adjacent to
wetlands can change the wetland hydroperiod
such that the functions provided by the wetland
are adversely affected.
A Water Quantity Protection Zone shall extend
300 feet landward of the landward extent of
Black Water Swamp and the wetlands abutting
the Wekiva River, Little Wekiva River, Rock
Springs Run, Black Water Creek, Sulphur Run,
Seminole Creek, Lake Norris, and Lake Dorr. As
part of providing reasonable assurance that the
standard set forth in Subparagraph
40C-4.301(l)(d) 4AC .301(2)(,a)6. is met, where
any part of a system located within this zone will
cause a drawdown, the applicant must provide
reasonable assurance that construction, alteration,
operation, or maintenance of the system will not
cause ground water table drawdowns which
would adversely affect the functions provided to
aquatic and wetland dependent species-(seea
Subeti:ns 10.7.1 and 10.7.5, Applicant's
Handbodk: Management and Storage of Surfact
Waters) by the referenced wetlands.
The applicant shall provide an analysis which
includes a determination of the magnitude and
areal extent of any drawdowns, based on site
specific hydrogeologic data collected by the
applicant, as well as a description of the
referenced wetlands, the functions provided by
these wetlands, and the predicted impacts to these
functions.


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It is presumed that the part of this standard
regarding drawdown effects will be met if the
following criteria is met:
A ground water table drawdown must not occur
within the Water Quantity Protection Zone.
11.3.5 and 11.3.6 No change.
11.4 Econlockhatchee River Hydrologic Basin
In addition to the standards and design criteria
described in Sections 9.0 and 10.0 above,
systems in the Econlockhatchee River
Hydrologic Basin must meet the following
standards and criteria:
11.4.1 Design Storm Criteria


(a) and





11.4.2


In order to demonstrate eornformanee with the
harm to the resourcecriteria in Paragraph
0.2.1 (a), Ssystems must meet the peak discharge
requirement for the following 24 hour duration
design storm events:
(b) No change.
System outlet control structures can be designed
to meet the control peak discharge rates for both
design storms by use of a two-stage weir, v-notch
weir, multiple orifices, or other similar structures.
Floodplain Storage Criteria
In order to demonstrate rcnformance with the


harm te the resource criteria in Paragraph
0.2.1(e), Aa system must not cause a net
reduction in flood storage within the 100 year
floodplain of the Econlockhatchee River or any
of its tributaries, at a location with an upstream
drainage area of 1 square mile or greater, except
for structures elevated on pilings or traversing
works that comply with conveyance requirements
in Subsection 10.5.2.
11.4.3 No change.
11.4.4 Riparian Wildlife Habitat Standard
Introductory paragraph and (a) through (d) No
change.
(e) The standard of paragraph 11.4.4(a) may be met
by demonstrating that the overall merits of the
proposed plan of development, including the
preservation, creation or enhancement of viable
wildlife habitat, provide a degree of resource
protection to these types of fish and wildlife
which offsets adverse effects that the system may
have on the abundance, diversity, food sources, or
habitat of aquatic or wetland dependent species
provided by the zone. Mitigation plans will be
considered on a case-by-case basis upon detailed


site specific analyses. The goal of this analysis
shall be the determination of the value of the
proposed mitigation plan to aquatic and wetland
dependent species with particular attention to
threatened or endangered species. Mitigation
plans should include: the information set forth in
subsection 12.3.3 16..5 for the uplands and
wetlands within the zone and within other areas
to be preserved, created or enhanced as
mitigation for impacts within the zone; as well as
other pertinent information, including land use,
and the proximity of the site to publicly owned
land dedicated to conservation. Implementation
of this section contemplates that the proximity of
development to the river and tributaries named
herein and activities permitted in the zone may
vary from place to place in support of a
functional resource protection plan. Furthermore,
some reasonable use of the land within the
protection zone can be allowed under subsection
11.4.4.
(f) No change.
11.4.5 through 11.5 No change.
(New Section 12 to be added to Part II, Applicant's Handbook:
Management and Storage of Surface Waters)
12.0 Environmental Considerations
12.1 Wetlands and other surface waters
Wetlands are important components of the water
resource because they often serve as spawning,
nursery and feeding habitats for many species of
fish and wildlife, and because they often provide
important flood storage, nutrient cycling, detrital
production, recreational and water quality
functions. Other surface waters such as lakes,
ponds, reservoirs, other impoundments, streams,
rivers and estuaries also often provide such
functions, and in addition may provide flood
conveyance, navigation and water supply
functions to the public. Not all wetlands or other
surface waters provide all of these functions, nor
do they provide them to the same extent. A wide
array of biological, physical and chemical factors
affect the functioning of any wetland or other
surface water community. Maintenance of water
quality standards in applicable wetlands and
other surface waters is critical to their ability to
provide many of these functions. Unless
exempted by statute or rule, permits are required
for the construction, alteration, operation,


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maintenance, abandonment and removal of
systems so that the District can conserve the
beneficial functions of these communities. The
term "systems" includes dredged or filled areas.
12.1.1 Environmental Conditions for Issuance
The District addresses the conservation of these
beneficial functions in the permitting process by
requiring applicants to provide reasonable
assurances that the following conditions for
issuance of permits, set forth in sections
40C-4.301 (Conditions for Issuance) and
40C-4.302 (Additional Conditions for Issuance),
F.A.C., are met. Applicants must provide
reasonable assurance that:
(a) a regulated activity will not adversely impact the
value of functions provided to fish and wildlife
and listed species by wetlands and other surface
waters (paragraph 40C-4.301(l)(d). F.A.C.):
S a regulated activity located in, on, or over
wetlands or other surface waters, will not be
contrary to the public interest, or if such an
activity significantly degrades or is located
within an Outstanding Florida Water, that the
regulated activity will be clearly in the public
interest (paragraph 4"C-4.302(1), F.A.C.);
(c) a regulated activity will not adversely affect the
quality of receiving waters such that the water
quality standards set forth in chapters 17-3, 17-4,
17-302, and 17-550, F.A.C., including any
antidegradation provisions of sections
17-4.242(1)(a) and (b), 17-4.242(2) and (3), and
17-302.300 and any special standards for
Outstanding Florida Waters and Outstanding
National Resource Waters set forth in sections
17-4.242(2) and (3), F.A.C.. will be violated
(paragraph 40C-4.301(l)(e), F.A.C.):
(d) a regulated activity located in, adjacent to or in
close proximity to Class II waters or located in
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 12.2.5 of the Applicant's Handbook
(subsection 40C-4.302(3), F.A.C.):
.Le) the construction of vertical seawalls in estuaries
and lagoons will comply with the additional
criteria in subsection 12.2.6 of the Applicant's
Handbook (paragraph 40C-4.302(l)(d). F.A.C.);


(f) a regulated activity will not cause unacceptable
secondary impacts to the water resources
(paragraph 40C-4.301()(f), F.A.C.);
(g} a regulated activity will not cause unacceptable
cumulative impacts upon wetlands and other
surface waters (subsection 40C-4.302(2), F.A.C.)
12.2 Environmental Criteria
Compliance with the conditions for issuance in
subsection 12.1.1 will be determined through
compliance with the criteria explained in
subsections 12.2 -12.3.8 of this Handbook.
12.2.1 Elimination or Reduction of Impacts
The degree of impact to wetland and other
surface water functions caused by a proposed
system, whether the impact to these functions can
be mitigated and -the practicability of design
modifications for the site, as well as alignment
alternatives for a proposed linear system, which
could eliminate or reduce impacts to these
functions, are all factors in determining whether
an application will be approved by the District.
These adverse impacts must be eliminated or
reduced by modifying the project, if practicable.
Any remaining adverse impacts may be offset by
mitigation as described in subsections
12.3-12.3.8 An applicant may propose
mitigation, or the District may suggest
mitigation, to offset the adverse impacts cai-'ed
by regulated activities as identified in sections
12.2-12.2.8.2 To receiv- District approval, a
system can not cause a net adverse impact on
wetland functions and other surface water
functions which is not offset by mitigation.
Prior to approval of any mitigation proposals, the
District will explore design modifications for the
proposed site, as well as alignment alternatives
for a linear system, that would eliminate or
reduce the adverse impacts to wetland functions
and other surface water functions, and will
suggest any such modifications to the applicant
either in addition to or in lieu of mitigation. The
applicant shall consider the District's proposed
modifications to the system to reduce or
eliminate adverse impacts to wetland or other
surface water functions, n gardless of whether a
mitigation proposal has been submitted. The
applicant shall respond to the District in wring
as to whether the identified modifications to the
proposed system nre practicable a,'.' 'v'ether the


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applicant will make the identified modifications.
If an applicant is responding that the District
proposed modifications are not practicable, the
written response must provide an explanation and
supporting documentation. Alternatively, the
applicant may respond by proposing other
modifications which achieve a comparable
reduction of adverse impacts to wetland and other
surface water functions. The applicant shall
describe how its proposed alternative
modification reduces or eliminates the adverse
impacts.
If the District determines that an applicant's
proposed system can be modified in a practicable
manner that would eliminate or reduce adverse
impacts to wetland functions and other surface
water functions, and if the applicant refuses to
modify the system accordingly, mitigation shall
not be approved. If the applicant modifies the
system accordingly or the identified
modifications are not practicable, the District will
accept mitigation proposed by the applicant if the
mitigation offsets the adverse impacts of the
system as required by subsections 12.3 through
12.3.8.
The term "modification" shall not be construed as
including the alternative of not implementing the
system in some form, nor shall it be construed as
requiring a project that is significantly different
in type or function. A proposed modification
which is not economically viable or which
adversely affects public safety through the
endangerment of lives or property is not
considered "practicable." A proposed
modification need not remove all economic value
of the property in order to be considered not
"practicable." Conversely, a modification need
not provide the highest and best use of the
property to be "practicable."
Should such mutual consideration of
modification and mitigation not result in a
permittable system, the District must deny the
application. Nothing herein shall imply that the
District may not deny an application for a permit
as submitted or modified, if it fails to meet the
conditions for issuance, or that mitigation must
be accepted by the District.
12.2.2 Fish, Wildlife. Listed Species and their Habitats


Pursuant to paragraph 12.1.1(a), an applicant
must provide reasonable assurances that a
regulated activity will not impact the values of
wetland and other surface water functions so as to
cause adverse impacts to:
(a) the abundance and diversity of fish, wildlife and
listed species; and
(b) the habitat of fish, wildlife and listed species.
As part of the assessment of the impacts of
regulated activities upon fish and wildlife, the
District will provide a copy of all applications for
standard general, individual, and conceptual
approval permits which propose regulated
activities in. on or over wetlands or other surface
waters to the Florida Game and Fresh Water Fish
Commission- for review and comment. In
addition, the District staff may solicit comments
from the Florida Game and Fresh Water Fish
Commission regarding other applications to
assist in the assessment of potential impacts to
wildlife and their habitats, particularly with
regard to listed wildlife species. Where proposed
activities have a potential to impact listed marine
species, the District will provide a copy of the
above-referenced types of applications to the
Department of Environmental Protection.
Generally, wildlife surveys will not be required.
The need for a wildlife survey will depend upon
the likelihood that the site is used by listed
species, considering site characteristics and the
range and habitat needs of such species, and
whether the proposed system will impact that use
such that the criteria in subsection 12.2.2 -
12.2.2.3 and subsection 12.2.7 will not be met.
Survey methodologies employed to inventory the
site must provide reasonable assurances
regarding the presence or absence of the subject
listed species.

12.2.2.1 Compliance with subsections 12.2.2 12.2.3.7,
12.2.5- 12.3.8 will not be required for regulated
activities in isolated wetlands less than one half
acre in size, unless:
(a) the wetland is used by threatened or endr.ngered
species.
(b) the wetland is located in an area of critical state
concern designated pursuant to chapter 380, F.S.,


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(c) the wetland is connected by standing or flowing
surface water at seasonal high water level to one
or more wetlands, and the combined wetland
acreage so connected is greater than one half
acre.
12.2.2.2 Alterations in livestock watering ponds that were
constructed in uplands and which are less than
one acre in area and alterations in drainage
ditches that were constructed in uplands will not
be required to comply with the provisions of
subsections 12.2.2 12.2.2.3, 12.2.2.5 -
12.2.3.7, 12.2.5 12.3.8, unless those ponds or
ditches provide significant habitat for threatened
or endangered species. This means that, except in
cases where those ponds or ditches provide
significant habitat for threatened or endangered
species, the only environmental criteria that will
apply to those ponds or ditches are those included
in subsections 12.2.4 12.2.4.5 and 12.2.2.4.
This provision shall only apply to those ponds
and ditches which were constructed before a
permit was required under part IV, chapter 373.
F.S. or were constructed pursuant to a permit
under part IV, chapter 373. F.S. This provision
does not apply to ditches constructed to divert
natural stream flow.
12.2.2.3 The assessment of impacts expected as a result of
proposed activities on the values of functions will
be based on a review of pertinent scientific
literature, ecologic and hydrologic information,
and field inspection. When assessing the value of
functions that any wetland or other surface water
provides to fish, wildlife, and listed species, the
factors which the District will consider include:
(a) condition this factor addresses whether the
wetland or other surface water is in a high quality
state or has been the subject of past alterations in
hydrology, water quality, or vegetative
composition. However, areas impacted by
activities in violation of chapter 373, F.S.. or a
District rule, order, or permit will be evaluated as
if the activity had not occurred.
(b) hydrologic connection this factor addresses
the nature and degree of of:-site connection
which may provide benefits to off-site water
resources through detrital export, base flow
maintenance, water quality enhancement or the
provision of nursery habitat.


(C) uniqueness this factor addresses the relative
rarity of the wetland or other surface water and its
floral and faunal components in relation to the
surrounding regional landscape.
d- d) landscape setting this factor addresses the
location of the wetland or other surface water in
relation to urban, agricultural or other types of
development or significant native habitat.
(e) fish and wildlife utilization this factor
addresses use of the wetland or other surface
water for resting, feeding or breeding by fish and
wildlife, particularly those which are listed
species.
12.2.2.4 Water quantity impacts to wetlands and other
surface waters
Pursuant to paragraph 12.1.1(a), an applicant
must provide reasonable assurance that the
regulated activity will not change the
hydroperiod of a wetland or other surface water,
so as to adversely affect wetland functions or
other surface water functions as follows:
(a) Whenever portions of a system could have the
effect of lowering water levels in a wetland or
other surface water, the applicant must perform
an analysis of the drawdown in water levels or
diversion of water flows resulting from such
activities and provide reasonable assurance that
these drawdowns or diversions will not adversely
impact the functions that wetlands and other
surface waters provide to fish and wildlife and
listed species. Portions of a proposed system such
as constructed basins, structures, stormwater
ponds, canals and ditches which have the
potential to drain or divert water from wetlands
or other surface waters will be considered to
adversely lower water levels in wetlands or other
surface waters if these portions of the system are
located within 200 feet from the landward edge
of the wetlands or other surface waters at any
point, unless the applicant provides soil or other
data that shows that the hydroperiod of the
wetland or other surface water w c.ld not be
adversely affected.
(b) Increasing the depth, duration, or frequency of
inundation through changing the rate or method
of discharge of water to wetlands or other surface
waters or by impounding water in wetlands or
other surface waters must also be addressed to
prevent adverse effects to functions that wetlands


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and other surface waters provide to fish and
wildlife and listed species. Different types of
wetlands respond differently to increased depth,
duration, or frequency of inundation. Therefore,
the applicant must provide reasonable assurance
that activities that have the potential to increase
discharge or water levels will not adversely affect
the functioning of the specific wetland or other
surface water subject to the increased discharge
or water level.
(c) Whenever portions of a system could have the
effect of altering water levels in wetlands or other
surface waters, applicants shall be required to
monitor the wetland or other surface waters to
demonstrate that such alteration has not resulted
in adverse impacts, or to calibrate the system to
prevent adverse impacts. Monitoring parameters,
methods, schedules, and reporting requirements
shall be specified in permit conditions.
12.2.3 Public Interest Test
In determining whether a regulated activity
located in, on, or over surface waters or wetlands.
is not contrary to the public interest or is clearly
in the public interest, the District shall consider
and balance, and an applicant must address, the
following criteria:
(a) Whether the regulated activity will adversely
affect the public health, safety, or welfare or the
property of others (paragraph 40C-4.302(1)(a),
F.A.C.);
(b) Whether the regulated activity will adversely
affect the conservation of fish and wildlife.
including endangered or threatened species, or
their habitats (paragraph 40C-4.302(1)(b),
F.A.C.);
(c) Whether the regulated activity will adversely
affect navigation or the flow of water or cause
harmful erosion or shoaling (paragraph
40C-4.302(1)(c), F.A.C.);
(d} Whether the regulated activity will adversely
affect the fishing or recreational values or marine
productivity in the vicinity of the activity
(paragraph 40C-4.302(l)(d). F.A.C.);:
(e) Whether the regulated activity will be of a
temporary or permanent nature (paragraph
40C-4.302(1)(e), F.A.C.);


(f) Whether the regulated activity will adversely
affect or will enhance significant historical and
archaeological resources under the provisions of
section 267.061, F.S. (paragraph 40C-4.302(1)(fl,
F.A.C.): and
(g) The current condition and relative value of
functions being performed by areas affected by
the proposed regulated activity (paragraph
40C-4.302(l)(g), EA.C.).
12.2.3.1 Public health, safety, or welfare or the property of
others
In reviewing and balancing the criterion
regarding public health, safety, welfare and the
property of others in paragraph 12.2.3(a), the
District will evaluate, whether the regulated
activity located in, on, or over wetlands or other
surface waters will cause:
(a) an environmental hazard to public health or
safety or improvement to public health or safety
with respect to environmental issues. Each
applicant must identify potential environmental
public health or safety issues resulting from their
project. Examples of these type of issues may
include mosquito control, proper disposal of
solid, hazardous, domestic or industrial waste,
aids to navigation, hurricane preparedness or
cleanup, environmental remediation,
enhancement or restoration and similar
environmentally related issues. For example, the
installation of navigational aids may improve
public safety and may reduce impacts to public
resources.
(b impacts to areas classified by the Department as
approved, conditionally approved, restricted or
conditionally restricted for shellfish harvesting.
Activities which would cause closure or a more
restrictive classification or management plan for
a shellfish harvesting area would result in a
negative factor in the public interest balance with
respect to this criterion.
(c) flooding or alleviate existing flooding on the
property of others. There is at least a neutral
factor in the public interest balance with respect
to the potential for causing or alleviating flooding
problems if the applicant meets the water
quantity criteria in sections 10.3-10.6 of the
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(d) environmental impacts to the property of others.
For example, the discharge of nutrient laden
water which results in the proliferation of
nuisance vegetation on an adjacent property
would be an environmental impact to the
property of others. The District will not consider
impacts to property values.
12.2.3.2 Fish and wildlife and their habitats
The District's public interest review of that
portion of a proposed system in, on, or over
wetlands and other surface waters for impacts to
"the conservation of fish and wildlife, including
endangered or threatened species, or their
habitats" is encompassed within the required
review of the entire system under subsection
12.2.2. An applicant must always provide the
reasonable assurances required under subsection
12.2.2: consequently, the public interest in
paragraph 12.2.3(b) must always be a positive or
neutral factor in the public interest balance, or
whenever it is a negative factor, the adverse
impact must be offset through mitigation.
12.2.3.3 Navigation, water flow, erosion and shoaling
In reviewing and balancing the criterion on
navigation, erosion and shoaling in paragraph
12.2.3(c), the District will evaluate whether the
regulated activity located in, on or ovt.r wetlands
or other surface waters will:
(a) significantly impede navigability or enhance
navigability. The District will consider the
current navigational uses of the surface waters
and will not speculate on uses which may occur
in the future. Applicants proposing to construct
bridges or other traversing works must address
adequate horizontal and vertical clearance for the
type of watercraft currently navigating the
surface waters. Applicants proposing to construct
docks, piers and other works which extend into
surface waters must address the continued
navigability of these waters. An encroachment
into a marked or customarily used navigation
channel is an example of a significant
impediment to navigability. Applicants proposing
temporary activities in navigable surface waters,
such as the mooring of construction barges, must
address measures for clearly marking the work as
a hazard to navigation, including night time
lighting. The addition of navigational aids may
be beneficial to navigation. The submittal of a


U.S. Coast Guard permit issued pursuant to 14
U.S.C. Section 81 (1993), 33 C.F.R. Section 62
(1993) for a regulated activity in, on or over
wetlands or other surface waters will assist the
applicant in addressing this criterion.
(b} cause or alleviate harmful erosion or shoaling.
Applicants proposing activities such as channel
relocation, artificial reefs, construction of jet ies
breakwaters, groins, bulkheads and beach
renourishment must address existing and
expected erosion or shoaling in the proposed
design. Compliance with erosion control best
management practices referenced in section
40C-42.025(1), F.A.C.. will be an important
consideration in addressing this criterion. Each
permit will have a general condition which
requires applicants-to utilize appropriate .:rosion
control practices and to correct any adverse
erosion or shoaling resulting from the regulated
activities.
(c) significantly impact or enhance water flow.
Applicants must address significant obstructions
to sheet flow by assessing the need for structures
which minimize the obstruction such as culverts
or spreader swales in fill areas. Compliance with
the water quantity criteria found in subsection
12.2.2.4 shall be an important consideration in
addressing this criterion.
12.2.3.4 Fisheries, recreation, marine productivity
In reviewing and balancing the criterion
regarding fishing or recreational values and
marine productivity in paragraph 12.2.3(d), the
District will evaluate whether t':, regulated
activity in, on, or over wetlands or other surface
waters will cause:
(a) adverse effects to sport or commercial fisheries
or marine productivity. Examples of activities
which may adversely affect fisheries or marine
productivity are the elimination or degradation of
fish nursery habitat, ai- change in ambient water
temperature, change in normal saliw tv regime,
reduction in detrital export, chanp- n nutrient
levels or other adverse affects on po.a':tions of
native aquatic organisms.
(b) adverse effects or improvements to existing
recreational uses of a wei'and o. other surface
water. Wetlands and other surf-..'. waters may
provide recreational uses such as bo :ing, fishing,
swimming, skiing, hunting ano birdwctching. An


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example of potential adverse effects to
recreational uses is the construction of a
traversing work, such as a road crossing a
waterway, which could impact the current use of
the waterway for water skiing and boating.
12.2.3.5 Temporary or Permanent Nature
When evaluating the other criteria in subsection
12.2.3, the District will consider whether the
impacts are of a temporary or permanent nature.
Temporary impacts will be considered less
harmful than permanent impacts of the same
nature and extent. The impacts will not be
considered temporary in nature if they are to
occur on a regular basis.
12.2.3.6 Historical and Archaeological Resources
In reviewing and balancing the criterion
regarding historical and archaeological resources
in paragraph 12.2.3(f), the District will evaluate
whether the regulated activity located in, on, or
over wetlands or other surface waters will impact
significant historical or archaeological resources.
The applicant must map the location of and
characterize the significance of any known
historical or archaeological resources that may be
affected by a regulated activity located in, on or
over wetlands or other surface waters. The
District will provide copies of all conceptual,
individual and standard general permit
applications to the Division of Historical
Resources of the Department of State and solicit
their comments regarding whether the regulated
activity may adversely affect significant
historical or archaeological resources. If
significant historical or archaeological resources
are likely to be found on the site and impacted by
the regulated activity, the applicant will be
required to perform an archaeological survey and
to develop and implement a plan approved by the
District to protect the significant historical or
archaeological resources.
12.2.3.7 Current condition and relative value of functions
When evaluating other criteria in subsection
12.2.3, the District will consider the current
condition and relative value of the functions
performed by wetlands and other surface waters
affected by the proposed regulated activity.
Wetlands and other surface waters which have
had their hydrology, water quality or vegetative
composition permanently impacted due to past


12.2.4


legal alterations or occurrences such as
infestation with exotic species, usually provide
lower habitat value to fish and wildlife. However,
if the wetland or other surface water is currently
degraded, but is still providing some beneficial
functions, consideration will be given to whether
the regulated activity will further reduce or
eliminate those functions. Consideration will be
given to the significance of wetlands and other
surface waters which will be impacted to local
and regional landscape patterns, including
relative abundance of similar habitat and biota.
The District will also evaluate the predicted
ability of the wetlands or other surface waters to
maintain their current functions as part of the
proposed system once it is developed. Where
previous impacts to a wetland or other surface
water are temporary in nature, consideration will
be given to the inherent functions of these areas
relative to seasonal hydrologic changes, and
expected vegetative regeneration and projected
habitat functions if the use of the subject property
were to remain unchanged. When evaluating
impacts to mitigation sites which have not
reached success pursuant to subsection 12.3.6,
the District shall consider the functions that the
mitigation site was intended to offset, and any
additional delay or reduction in offsetting those
functions that may be caused by impacting the
mitigation site. Previous construction or
alteration undertaken in violation of chapter 373,
F.S.. or District rule, order or permit will not be
considered as having diminished the condition
and relative value of a wetland or other surface
water.
Water quality
Pursuant to paragraph 12.1.1(c), an applicant
must provide reasonable assurance that the
regulated activity will not violate water quality
standards in areas where water quality standards

Reasonable assurances regarding water quality
must be provided both for the short term and the
long term, addressing the proposed const, auction,
alteration, operation, maintenance, removal and
abandonment of the system. The following
requirements are in addition to the water quality
requirements found in subsection 10.7.2 of the
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12.2.4.1 Short term water quality considerations
The applicant must address the short term water
quality impacts of a proposed system, including:
(a) providing turbidity barriers or similar devices for
the duration of dewatering and other construction
activities in or adjacent to wetlands or other
surface waters.
(b) stabilizing newly created slopes or surfaces in or
adjacent to wetlands and other surface waters to
prevent erosion and turbidity.
(c) providing proper construction access for barges,
boats and equipment to ensure that propeller
dredging and rutting from vehicular traffic does
not occur.
(d) maintaining construction equipment to ensure
that oils, greases, gasoline, or other pollutants are
not released into wetlands or other surface
waters.
(e) controlling the discharge from spoil disposal
sites.
{fl preventing any other discharge or release of
pollutants during construction or alteration that
will cause water quality standards to be violated.
12.2.4.2 Long term water quality considerations
The applicant must address the long term water
quality impacts of a proposed system, including:
(a) the potential of a constructed or altered water
body to violate water quality standards due to its
depth or configuration. For example, the depth of
water bodies must be designed to insure proper
mixing so that the water quality standard for
dissolved oxygen will not be violated in the lower
levels of the water body, but should not be so
shallow that the bottom sediments are frequently
resuspended by boat activity. Water bodies must
be configured to prevent the creation of debris
traps or stagnant areas which would be expected
to result in violations of water quality standards.
(b) long term erosion, siltation or propeller dredging
that will cause turbidity violations.
) prevention of any discharge or release of
pollutants from the system that will cause water
quality standards to be violated.
12.2.4.3 Additional water quality considerations for
docking facilities
Docking facilities, due to their nature, provide
sources of pollutants to wetlands and other
surface waters. Sources of pollutants include
anti-fouling p' *:ts used on boat hulls,


anti-fouling treatments used in pilings, discharges
of fuels from boat motors and fueling facilities,
and discharges of human and solid wastes from
boats. To provide the required reasonable
assurance that water quality standards will not be
violated, the following factors must be addressed
by an applicant proposing the construction of a
new docking facility, or the expansion of or other
alteration of an existing docking facility that has
the potential to adversely affect water quality:
(a) Hydrographic information or studies shall be
required for docking facilities of greater than ten
boat slips. Hydrographic information or studies
also may be required for docking facilities of less
than ten slips, dependent upon the site specific
features described in paragraph 12.2.4.3(b)
below. In all cases, the need for a hydrographic
study, and the complexity of'the study, will be
dependent upon the specific project design and
the specific features of the project site.
(b) The purpose of the hvdrographic information or
studies is to document the flushing time (the time
required to reduce the concentration of a
conservative pollutant to ten percent of its
original concentration) of the water at the
docking facility. This information is used to
determine the likelihood that the facility will
accumulate pollutants to the extent that water
quality violations will occur. Generally, a
flushing time of less than or equal to four days is
the maximum that is desirable for docking
facilities. However, the evaluation of the
maximum desirable flushing time also takes into
consideration the size (number of slips) and
configuration of the proposed docking facility:
the amplitude and periodicity of the tide; the
geometry of the subject waterbody: the
circulation and flushing of the waterbodv; the
quality of the waters at the project site; the type
and nature of the docking facility; the services
provided at the docking facility; and the number
and type of other sources of water pollution in the
area.
(c) The level and type of hydrographic information
or studies that will be required for the proposed
docking facility will be determined on a case
specific basis. As compared to sites that flush in
less than four days, sites where the flushing time
is greater than four days generally will require


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additional, more complex levels of hydrographic
studies or information to determine whether
water quality standards can be expected to be
violated by the facility. Generally, the degree and
complexity of the hydrographic study will be
dependent upon the types of considerations listed
in paragraph 12.2.4.3.(b), including the potential
for the facility, based on its design and location,
to add pollutants to the receiving waters. Types of
information that can be required include
site-specific measurements of: waterway
geometry, tidal amplitude, the periodicity of
forces that drive water movement at the site, and
water tracer studies that document specific
circulation patterns.
(d) The applicant shall document, through
hydrographic information or studies, that
pollutants leaving the site of the docking facility
will be adequately dispersed in the receiving
water body so as to not cause violations of water
quality standards based on circulation patterns
and flushing characteristics of the receiving water
body.
(e) In all cases, the hydrographic studies shall be
designed to document the hydrographic
characteristics of the project site and surrounding
waters. All hydrographic studies must be
approved by the District based on the factors
described in paragraphs (a)-(d) above, therefore
an applicant should consult with the District prior
to conducting such a study.
(f) Fueling facilities shall be located and operated so
that the potential for spills or discharges to
surface waters and wetlands is minimized.
Containment equipment and emergency
response plans must be provided to ensure that
the effects of spills are minimized.
(g) The disposal of domestic wastes from boat heads.
particularly from live-aboard vessels, must be
addressed to prevent improper disposal into
wetlands or other surface waters. A live-aboard
vessel shall be defined as a vessel docked at the
facility that is inhabited by a person or persons
for any five consecutive days or a total of ten
days within a 30 day period.
(h) The disposal of solid waste, such as garbage and
fish cleaning debris, must be addressed to prevent
improper disposal into wetlands or other surface
waters.


(D) Pollutant leaching characteristics of materials
such as pilings and anti-fouling paints used on the
hulls of vessels must be addressed to ensure that
any pollutants that leach from the structures and
vessels will not cause violations of water quality
standards given the flushing at the site and the
type, number and concentration of the likely
sources of pollutants.
12.2.4.4 Mixing Zones
A temporary mixing zone for water quality
during construction or alteration may be
requested by the applicant. The District shall
consider such request pursuant to sections
17-4.242 and 17-4.244(5), F.A.C., in accordance
with the Operating Agreement Concerning
Regulation;Under Part IV, Chapter 373, F.S.,
Between St. Johns River Water Management
District and Department of Environmental
Protection, adopted by reference in section
40C-4.091, F.A.C.
12.2.4.5 Where ambient water quality does not meet
standards
If the site of the proposed activity currently does
not meet water quality standards, the applicant
must demonstrate compliance with the water
quality standards by meeting the provisions in
subsections 12.2.4.1. 12.2.4.2. and 12.2.4.3, as
applicable, and for the parameters which do not
meet water quality standards, the applicant must
demonstrate that the proposed activity will not
contribute to the existing violation. If the
proposed activity will contribute to the existing
violation, mitigation may be proposed as
described in subsection 12.3.1.4.
12.2.5 Class II Waters; Waters approved for shellfish
harvesting
The special value and importance of shellfish
harvesting waters to Florida's economy as
existing or potential sites of commercial and
recreational shellfish harvesting and as a nursery
area for fish and shell fish is recognized by the
District. In accordance with paragraph 12.1.1(d).
the District shall:
(a) deny a permit for a regulated activity in Class II
waters which are not approved for shellfish
harvesting unless the applicant submits a plan or
proposes a procedure to protect those waters and
waters in the vicinity. The plan or procedure shall
detail the measures to be taken to prevent


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significant damage to the immediate project area
and the adjacent area and shall provide
reasonable assurance that the standards for Class
II waters will not be violated;
(b) deny a permit for a regulated activity in any class
of waters where the location of the system is
adjacent or in close proximity to Class II waters,
unless the applicant submits a plan or proposes a
procedure which demonstrates that the regulated
activity will not have a negative effect on the
Class II waters and will not result in violations of
water quality standards in the Class II waters; and
(c) deny a permit for a regulated activity that is
located directly in Class II or Class III waters
which are classified by the Department as
approved, restricted, conditionally approved or
conditionally restricted for shellfish harvesting.
However, the District may issue permits or
certifications for maintenance dredging of
navigational channels, the construction of
shoreline protection structures, the installation of
transmission and distribution lines for carrying
potable water, .'ectricity or communication
cables in rights-of-way previously used for such
lines, for clam and oyster culture, and for private,
single family boat docks that meet the following
criteria for installation in such waters:
1. there shall be no more than two boats moored at
the dock-
2. no overboard discharges of trash, human or
animal waste, or fuel shall occur at the dock:
3. any non-water dependent structures, such as
gazebos or fish cleaning stations, shall be located
on the uplands:
4. prior to the mooring of any boat at the dock, there
shall be existing structures with toilet facilities
located on the uplands:
5. an, proposed shelter shall not have enclosed
sides:
6. the mooring area shall be located in waters
sufficiently deep to prevent bottom scour by boat
propellers: and
7. any structures located over grassbeds shall be
designed so as to allow for the maximum light
penetration practicable.
12.2.6 Vertical seawalls
(a) The construction of vertical seawalls in estu.-ies
or lagoons is prohibited unless one of :e
following conditions exists:


1. the proposed construction is located within a port
as defined in section 315.02. F.S.. or section
403.021, F.S.;
2. the proposed construction is necessary for the
creation of a marina, the vertical seawalls are
necessary to provide access to watercraft, or the
proposed construction is necessary for public
facilities:
3. the proposed construction is to be located within
-an existing manmade canal and the shoreline of
such canal is currently occupied in whole or in
part by vertical seawalls: or
4. the proposed construction is to be conducted by a
public utility when such utility is acting in the
performance of its obligation to provide service
to the public.
.b_ When considering an application for a permit to
repair or replace an existing vertical seawall, the
District shall generally require such seawall to be
faced with riprap material, or to be replaced
entirely with riprap material unless a condition
specified in subparagraphs 1.-4. above exists.
This subsection shall in no way hinder any
activity previously exempt or permitted, or those
activities permitted pursuant to chapter 161, F.S.
12.2.7 Secondary Impacts
Pursuant to paragraph 12.1.1(f), an applicant
must provide reasonable assurances that a
regulated activity will not cause unacceptable
secondary water resource impacts. Aquatic or
wetland dependent fish and wildlife are an
integral part of the water resources which the
District is authorized to protect under part IV,
chapter 373, F.S. Those aquatic or wetland
dependent species which are listed as threatened,
endangered or of special concern are particularly
in need of protection.
A proposed system shall be reviewed under this
criterion by evaluating the impacts to: wetland
and surface water functions identified in
subsection 12.2.2, water quality, upland habitat
for aquatic or wetland dependent listed species,
and historical and archaeological resources in
uplands. Applicants may propose measures such
as preservation to prevent secondary impacts.
Such pre 'rvation shall comply with the land
preservation provisions of subsection 12.3.8. If


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such secondary impacts can not be prevented, the
applicant may propose mitigation measures as
provided for in subsections 12.3 12.3.6.
This secondary impact criterion consists of the
following four parts:
(a) An applicant shall provide reasonable assurance
that the secondary impacts from construction,
alteration, and intended or reasonably expected
uses of a proposed system will not cause
violations of water quality standards or
unacceptable impacts to the functions of wetlands
or other surface waters.
Impacts such as boat traffic generated by a
proposed dock, boat ramp or dry dock facility,
which causes an increased threat of collision with
manatees: impacts to wildlife from vehicles using
proposed roads in wetlands or surface waters;
impacts to water quality associated with the use
of septic tanks or propeller dredging by boats and
wakes from boats; and impacts associated with
docking facilities as described in paragraphs
12.2.4.3(f) and (h), will be considered relative to
the specific activities proposed and the potential
for such impacts.
Unless additional measures are required for
protection of wetlands used for nesting or
denning by listed species, secondary impacts to
the habitat functions of wetlands associated with
adjacent upland activities will not be considered
unacceptable if buffers, with a minimum width of
15' and an average width of 25', are provided
abutting those wetlands that will remain under
the permitted design. Buffers shall remain in an
undisturbed condition, except for drainage
features such as spreader swales and discharge
structures, provided the construction or use of
these features does not adversely impact
wetlands.
Insignificant or remotely related secondary
impacts such as changes in air quality due to
increased vehicular traffic associated with road
construction will not be considered unacceptable.
(b) An applicant shall provide reasonable assurance
that the construction, alteration, and intended or
reasonably expected uses of a proposed system
will not cause an unacceptable impact upon
habitat functions that uplands within the project
area currently provide for aquatic or wetland
dependent listed species. For the purpose of this


paragraph, "unacceptable impacts to habitat
functions" shall mean adverse impacts to upland
habitat which is used for nesting or denning or
which is necessary to access these habitats. Table
12.2.7-1 identifies those aquatic or wetland
dependent listed species that use upland habitats
for nesting and denning.
For those aquatic or wetland dependent listed
species for which habitat management guidelines
have been developed by the U.S. Fish and
Wildlife Service (USFWS) or the Florida Game
and Fresh Water Fish Commission (FGFWFC),
compliance with these guidelines will provide
reasonable assurance that the proposed system
will not cause unacceptable impacts to upland
habitat functions described in this criterion. For
those aquatic or wetland dependent listed species
for which habitat management guidelines have
not been developed and in cases where an
applicant does not follow USFWS or FGFWFC
habitat management guidelines, the applicant
must implement District approved measures to
mitigate unacceptable adverse impacts to upland
habitat functions provided to aquatic or wetland
dependent listed species.
(c) In addition to evaluating the impacts in the area
of any dredging and filling in, on, or over
wetlands or other surface waters, and as part of
the balancing review under subsection 12.2.3, the
District will consider any other relevant activities
that are very closely linked and causally related
to any proposed dredging or filling which will
cause impacts to significant historical and
archaeological resources in uplands.
(d) An applicant shall provide reasonable assurance
that the following future activities:
1. additional phases or expansion of the proposed
system for which plans have been submitted to
the District or other governmental agencies; and
2. on-site and off-site activities regulated under part
IV, chapter 373, F.S., or activities described in
section 403.813(2), F.S., that are very closely
linked and causally related to the proposed
system. will not result in water quality violations
or unacceptable impacts to the functions of
wetlands and other surface waters as described in
subsection 12.2.2. As part of this review, the
District will also consider the impacts of the


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intended or reasonably expected uses of the
future activities on water quality and wetland and
other surface water functions.
In conducting the analysis under paragraph (d)2.,
above, the District will consider those future
projects or activities which would not occur but
for the proposed system, including where the
proposed system would be considered a waste of
resources, should the future project or activities
not be permitted.
Where practicable, proposed systems shall be
designed in a fashion which does not necessitate
future impacts to wetland and other surface water
functions. If a proposed system will necessitate
future impacts to these functions, the applicant
must provide reasonable assurances -that those
future impacts to such functions can be
successfully offset. To provide reasonable
assurances that future impacts to wetland and
other surface water functions can be successfully
offset and that water quality standards will not be
violated, the applicant must provide information
sufficient to obtain a conceptual approval permit
for those future impacts.
System expansions and future system phases will
be considered in the secondary impact analysis,
and if the District determines that future phases
of a system involve impacts that appear not to
meet permitting criteria, the current application
may be denied unless the applicant can provide
reasonable assurance that those future phases can
comply with permitting criteria. One way for
applicants to establish that future phases or
system expansions do not have unacceptable
secondary impacts is for the applicant to obtain a
conceptual annroval permit for the entire nmroiet.


12.2.8 Cumulative Impacts
Pursuant to paragraph 12.1.1(g), an applicant
must provide reasonable assurances that a
regulated activity will not cause unacceptable
cumulative impacts upon wetlands and other
surface waters within the same drainage basin as
the regulated activity for which a permit is
sought. The impact on wetlands and other surface
waters shall be reviewed by evaluating the
impacts to water quality and by evaluating the
impacts to functions identified in subsection
12.2.2. The drainage basins within the District


are identified on Figure 12.2.8-1. Applicants may
propose measures such as preservation to prevent
cumulative impacts. Such preservation shall
comply with the land preservation provisions in
subsection 12.3.8. If unacceptable cumulative
impacts can not be prevented, the applicant may
propose mitigation measures as provided for in
sections 12.3 12.3.6.
The cumulative impact criterion consists of two
parts, one part addressing the relationship
between the system under review and certain past
actions, the other addressing the relationship
between the system under review and certain
future actions.
(a) With respect to past actions, an applicant must
provide reasonable' assurance that the proposed
system, when considered with:
1. existing projects, and
2. on-going construction regulated under part IV,
chapter 373, F.S., which are located in the same
drainage basin and which have similar types of
impacts (adverse effects) as the proposed system,
will not result in unacceptable cumulative
impacts to the quality or the functions of
wetlands and other surface waters, within the
same drainage basin. This analysis asks the
question whether the proposed system is the
proverbial "straw that breaks the camel's back"
regarding water quality or wetland and other
surface water functions in the basin.
(b) With respect to future activities, an applicant
must provide reasonable assurance that the
proposed system, when considered with:
1. future projects for which permits under part IV,
chapter 373, F.S., have been sought:
2. future projects regulated under part IV, chapter
373. F.S.. for which determinations pursuant to
section 373.421, F.S. or section 403.914, F.S.
(1991). have been sought:
3. future activities which are under review,
approved or vested pursuant to section 380.06,
F.S. and
4. future projects regulated under part IV, chapter
373. FS., reasonably expected to be located
within wetlands or other surface waters as
delineated pursuant to the methodology
authorized in subsection 373.421(1), F.S..


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which are located within the same drainage basin
and which have impacts like those which will be
caused by the proposed system under review, will
not result in unacceptable cumulative impacts to
water quality or the functions of wetlands and
other surface waters, within the same drainage
basin. This analysis is conducted using an
assumption that reasonably expected future
applications with like impacts will be sought,
thus necessitating equitable distribution of
acceptable impacts among future applications.
12.2.8.1 Cumulative impacts are considered unacceptable
when the proposed system, considered in
conjunction with the past, present, and future
activities as described in 12.2.8 would then result
in a violation of state water quality standards or a
significant loss of functions of wetlands or other
surface waters within the same drainage basin
when considering the basin as a whole.
12.2.8.2 For the purpose of this cumulative impact review,
existing comprehensive plans, adopted pursuant
to Chapter 163, F.S., of the local governments
having jurisdiction over the activities, or
applicable land use restrictions and regulations
will be considered in determining whether a
project is "reasonably to be expected."
12.3 Mitigation
Protection of wetlands and other surface waters is
preferred to destruction and mitigation due to the
temporal loss of ecological value and uncertainty
regarding the ability to recreate certain functions
associated with these features. Mitigation can be
approved only after the applicant has complied
with the requirements of subsection 12.2.1
regarding practicable modifications to eliminate
or reduce adverse impacts. This section
establishes criteria to be followed in evaluating
mitigation proposals.
Mitigation required by sections 12.3 12.3.8
must offset the adverse impacts caused by
regulated activities as identified in sections 12.2
12.2.8.2. In certain cases, mitigation cannot
offset impacts sufficiently to yield a permittable
project. Such instances may include activities
which significantly degrade Outstanding Florida
Waters, adversely impact habitat for listed
species, or adversely impact those wetlands or
other surface waters not likely to be successfully
recreated.


Applicants are encouraged to consult with
District staff in pre-application conferences or
during the application process to identify
appropriate mitigation options.
12.3.1 Types of Mitigation
Mitigation usually consists of restoration,
enhancement, creation, or preservation of
wetlands, other surface waters or uplands. In
some cases, a combination of mitigation types is
the best approach to offset adverse impacts
resulting from the regulated activity.
12.3.1.1 In general, mitigation is best accomplished
through creation, restoration, enhancement, or
preservation of ecological communities similar to
those being impacted. However, when the area
proposed to be impacted is degraded, compared
to its historic condition, mitigation is best
accomplished through creation, restoration,
enhancement or preservation of the ecological
community which was historically present.
Mitigation involving other ecological
communities is acceptable if impacts are offset
and the applicant demonstrates that greater
improvement in ecological value will result.
12.3.1.2 In general, mitigation is best accomplished when
located on-site or in close proximity to the area
being impacted. Off-site mitigation can be
accepted, however, if adverse impacts are offset
and the applicant demonstrates that:
(a) on-site mitigation opportunities are not expected
to have comparable long-term viability due to
such factors as unsuitable hydrologic conditions
or ecologically incompatible existing adjacent
land uses or future land uses identified in a local
comprehensive plan adopted according to chapter
163, F.S.; or
(b) off-site mitigation would provide greater
improvement in ecological value than on-site
mitigation.
12.3.1.3 Mitigation through participation in a mitigation
bank shall be in accordance with subsection 12.4
Mitigation Banks.
12.3.1.4 In instances where an applicant is unable to meet
water quality standards because existing ambient
water quality does not meet standards and the
system will contribute to this existing condition,
mitigation for water quality impacts can consist
of water quality enhancement. In these cases, the
District will consider mitigation measures


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proposed by the applicant that will cause net
improvement of the water quality in the receiving
waters for those parameters which do not meet
standards. (see paragraph 373.414(1)(b), F.S.)
12.3.1.5 To offset adverse secondary impacts from
regulated activities to habitat functions that
uplands provide to listed species evaluated as
provided in paragraph 12.2.7(b). mitigation can
include the implementation of management
plans, participation in a wildlife mitigation park
established by the FGFWFC, or other measures.
Measures to offset adverse secondary impacts on
wetlands and other surface waters resulting from
use of a system can include the incorporation of
culverts or bridged crossings designed to
facilitate wildlife movement, fencing to limit
access, reduced speed zones, or other measures
designed to offset the secondary impact.
12.3.1.6 Mitigation for certain mining activities shall be in
accordance with subsection 373.414(6), F.S.
12.3.1.7 Mitigation or reclamation required or approved
by other agencies for a specific project will be
acceptable to the District to the extent that such
mitigation or reclamation fulfills the
requirements of sections 12.3 12.3.8 and
offsets adverse impacts of the same project in
accordance with the criteria in sections 12.2 -
12.2.8.2
12.3.1.8 Innovative mitigation proposals which deviate
from the standard practices described in sections
12.3 12.3.6 shall be considered on a
case-by-case basis. The donation of money is not
considered to be an acceptable method of
mitigation, unless cash payments are specified
for use in a District or Department of
Environmental Protection endorsed
environmental enhancement or restoration
project, and the payments initiate a project or
supplement an ongoing project. The project or
portion of the project funded by the donation of
money must offset the impacts of the proposed
system.
12.3.2 Mitigation Ratios
Subsections 12.3.2- 12.3.2.2 establish ratios for
the acreage of mitigation required compared to
the acreage which is adversely impacted by
regulated activities. Ranges of ratios are provided
below for certain specific types of mitigation.
These ratios are provided as guidelines for


preliminary planning purposes only and the
actual ratio may be higher or lower based on a
consideration of the factors listed in subsections
12.3.2.1 and 12.3.2.2. For other types of
mitigation, ratios will be determined on a
case-by-case basis depending on the reduction in
quality and relative value of the functions of the
areas adversely impacted as compared to the
expected improvement in quality and value of the
functions of the mitigation area.
12.3.2.1 Creation, Restoration and Enhancement
When considering creation, restoration and
enhancement as mitigation, the following factors
will be considered to determine whether the
mitigation proposal will offset the proposed
impacts and to. determine the appropriate
mitigation ratio:
(a) The reduction in quality andrelative value of the
function of the areas adversely impacted,
including the factors listed in subsection 12.2.2.3,
as compared to the proposed improvement in
quality and value of the functions of the area to
be created, restored or enhanced.
(b) Any special designation or classification of the
affected area.
(c) The presence and abundance of nuisance and
exotic plants within the area to be adversely
impacted.
(d) The hydrologic condition of the area to be
adversely impacted and the degree to which it has
been altered relative to the historic condition.
fe) The length of time expected to elapse before the
functions of the area to be adversely impacted
will be offset.
(f) The likelihood of mitigation success.
(g) For mine reclamation activities subject to chapter
211, F.S., part II, whether the ratio is consistent
with the mine reclamation plan submitted
pursuant to chapter 378, F.S.
12.3.2.1.1 Creation and restoration have the potential to
result in similar benefits, if they can be
successfully accomplished. Therefore, the ratio
ranges given below for these two types of
mitigation are the same. Restoration is usually
preferred over creation as it often has a greater
chance of success due to soil characteristic,
hydrologic regime, landscape position or other
factors that favor re-establishment of wetland or
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ratios will generally be at the lower end of the
ratio ranges within the guidelines below. The
following ratio guidelines will be used to
estimate the acreage of wetland restoration or
creation required:
(a) Mangrove swamps, cypress swamps, and
hardwood swamps 2:1 to 5:1 (acres created or
restored: acres impacted).
(b) Saltwater marshes and freshwater marshes -
1.5:1 to 4:1 (acres created or restored: acres
impacted).
12.3.2.1.2 The ratio guidelines for use in the estimation of
the acreage of wetland enhancement will range
from 4:1 to 20:1 (acres enhanced: acres
impacted).
12.3.2.2 Preservation
(a) Preservation of important ecosystems can
provide an improved level of protection over the
current regulatory programs. The District may
consider as mitigation the preservation, by
donation or conservation easement or other
comparable land use restriction, of wetlands,
other surface waters, or uplands. Conservation
easements or restrictions must be consistent with
the requirements of subsection 12.3.8. In many
cases it is not expected that preservation alone
will be sufficient to offset adverse impacts.
Preservation will most frequently be approved in
combination with other mitigation measures.
(b) When considering preservation as mitigation, the
following factors will be considered to determine
whether the preservation parcel would offset the
proposed impacts and to determine the
appropriate mitigation ratio.
1 The reduction in quality and relative value of the
functions of the areas adversely impacted.
including those factors listed in subsection
12.2.2.3. as compared to the quality and value of
the functions of the area to be preserved and the
additional protection provided to these functions
by the proposed preservation. Factors used in
determining this additional level of protection
include the extent and likelihood that the land to
be preserved would be adversely impacted if it
were not preserved, considering the protection
provided by existing regulations and land use
restrictions.
2. Any special designation or classification of the
affected area.


3. The presence and abundance of nuisance and
exotic plants within the area to be adversely
impacted.
4. The ecological and hydrological relationship
between wetlands, other surface waters, and
uplands to be preserved.
5. The extent to which proposed management
activities on the area to be preserved promote
natural ecological conditions, such as natural fire
patterns.
6. The proximity of the area to be preserved to areas
of national, state, or regional ecological
significance, such as national or state parks,
Outstanding Florida Waters, and other regionally
significant ecological resources or habitats, such
as lands acquired or to be acquired through
governmental or non-profit land acquisition
programs for environmental conservation, and
whether the areas to be preserved include
corridors between these habitats.
7. The extent to which the preserved area provides
habitat for fish and wildlife, especially listed
species.
8. Any special designation or classification of the
area to be preserved.
9. The extent of invasion of nuisance and exotic
species within the area to be preserved.
(c) Wetland and other surface water preservation
ratios. Since wetlands and other surface waters
are, to a large extent, protected by existing
regulations, the ratio guideline for preservation of
wetlands and other surface waters is substantially
higher than for restoration and creation. The ratio
guideline for wetland and other surface water
preservation will be 10:1 to 100:1 (acreage
wetlands and other surface waters preserved to
acreage impacted).
(d) Upland preservation ratios. Many wildlife
species that are aquatic or wetland dependent
spend critical portions of their life cycles in
uplands. Uplands function as the contributing
watershed to wetlands and are necessary to
maintain the ecological value of those wetlands.
Because of these values, the preservation of
certain uplands may be appropriate for full or
partial mitigation of wetland impacts, impacts to
the upland portion of the riparian habitat
protection zones described in subsections 11.3.5
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by listed aquatic or wetland dependent species as
described in subsection 12.2.7.1. The ratio
guideline for upland preservation will be 3:1 to
20:1 (acreage of uplands preserved to acreage
impacted).
12.3.2.3 To the extent that the area to be preserved offset
the adverse impact and otherwise meets the
requirements of this section, wetland, other
surface water, or upland habitat which is
proposed to be preserved in order to prevent
secondary or cumulative impacts can be
considered as part of the mitigation plan to offset
other adverse impacts of the system.
12.3.3 Mitigation Proposals
12.3.3.1 Applicants shall provide reasonable assurance
that proposed mitigation will:
(a) offset adverse impacts due to regulated activities:
and
(b) achieve mitigation success by providing viable
and sustainable ecological and hydrological
functions.
12.3.3.2 Applicants shall submit detailed plans describing
proposed construction, establishment, and
management of mitigation areas. These plans
shall include the following information, as
appropriate for the type of mitigation proposed:
(a) A soils map of the mitigation area and other soils
information pertinent to the specific mitigation
actions proposed.
(b) A topographic map of the mitigation area and
adjacent hydrologic contributing and receiving
areas.
(c) A hydrologic features map of the mitigation area
and adjacent hydrologic contributing and
receiving areas.
(d) A description of current hydrologic conditions
affecting the mitigation area.
(e) A map of vegetation communities in and around
the mitigation area.
(f) Construction drawings detailing proposed
topographic alterations and al structural
components associated with proposed activities.
(g) Proposed construction activities, including a
detailed schedule for implementation.
(h) A vegetation planting scheme and schedule for
implementation.
(i) Sources of plants and soils used in wetland
creation.


(i) Measures to be implemented during and after
construction to avoid adverse impacts related to
proposed activities.
(k) A management plan comprising all aspects of
operation and maintenance, including water
management practices, vegetation establishment,
exotic and nuisance species control, fire
management, and control of access.
(1) A proposed monitoring plan to demonstrate
mitigation success.
(m) A description of the activities proposed to control
exotic and nuisance species should these become
established in the mitigation area. The mitigation
proposal must include reasonable measures to
assure that these species do not invade the
mitigation area in such numbers as to affect the
likelihood of success of the project.
(n) a description of anticipated site conditions in and
around the mitigation area after the mitigation
plan is successfully implemented.
(o) a comparison of current fish and wildlife habitat
to expected habitat after the mitigation plan is
successfully implemented.
(p) For mitigation plans with projected
implementation costs in excess of $25,000.00. an
itemized estimate of the cost of implementing
mitigation as set forth in subsection 12.3.7.8.
12.3.3.3 Applicants may be required to submit additional
information necessary to evaluate whether the
proposed mitigation meets the criteria in these


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12.3.6


rules.
Monitoring Requirements for Mitigation Areas
Applicants shall be required to monitor the
progress of mitigation areas until success can be
demonstrated as provided in subsection 12.3.6.
Monitoring parameters, methods, schedules, and
reporting requirements will be specified in permit
conditions.
Protection of Mitigation Areas
Applicants shall propose and be responsible for
implementing appropriate methods to assure that
mitigation areas will not be adversely impacted
by incidental encroachment or secondary
activities which might compromise mitigation
success.
Mitigation Success
Due to the wide range of types of projects which
may be proposed for mitigation, specific success
criteria will be determined on a case-by-case


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basis. Success must be measured in terms of
whether the objectives of the mitigation can be
realized. The success criteria to be included in
permit conditions will specify the minimum
requirements necessary to attain a determination
of success. The mitigation shall be deemed
successful by the District when all applicable
water quality standards are met, the mitigation
area has achieved viable and sustainable
ecological and hydrological functions and the
specific success criteria contained in the permit
are met. If success is not achieved within a time
frame specified within the permit, remedial
measures shall be required. Monitoring and
maintenance requirements shall remain in effect
until success is achieved.
12.3.7 Financial Responsibility for Mitigation.
As part of compliance with paragraph
40C-4.301(l)(j). F.A.C., where an applicant
proposes mitigation, the applicant shall provide
proof of financial responsibility to:
(a) conduct the mitigation activities:
(b) conduct any necessary management of the
mitigation site;
(c) conduct monitoring of the mitigation; and
(d) conduct any necessary corrective action indicated
by the monitoring.
12.3.7.1 Applicants not subject to financial responsibility
requirements.
The following applicants shall not be subject to
the financial responsibility requirements in
subsections 12.3.7 12.3.7.9:
(a) Applicants whose mitigation is deemed
successful pursuant to subsection 12.3.6 of this
Handbook prior to undertaking the construction
activities authorized under the permit issued
pursuant to part IV, chapter 372, F.S.
(b} Applicants whose mitigation is estimated to cost
less than $25,000.00.
(c) Federal, state, county and municipal
governments, state political subdivisions and
investor owned utilities regulated by the Public
Service Commission.
(d) mitigation banks which comply with the financial
responsibility provisions of section 12.4 of this
Handbook.
12.3.7.2 Amount of financial responsibility.


The amount of financial responsibility provided
by the applicant shall be in an amount equal to
110 percent of the cost estimate determined
pursuant to subsection 12.3.7.8 below, for each
phase of the mitigation plan submitted under the
requirements of sections 12.3 12.3.8.
12.3.7.3 Documentation.
The permit applicant shall provide draft
documentation of the required financial
responsibility mechanism described below with
the permit application, and shall submit to the
District the executed or finalized documentation
within the time frames specified in the permit.
12.3.7.4 General Terms for Financial Responsibility
Mechanisms.
In addition to the specific provisions regarding
financial responsibility mechanisms set forth in
subsection 12.3.7.6 below, the following, as they
relate to the specific mechanism proposed, shall
be complied with:
(a) The form and content of all financial
responsibility mechanisms shall be approved by
the District.
(b) The financial mechanisms shall name the District
as sole beneficiary or shall be payable solely to
the District. If the financial mechanism is of a
type which is retained by the beneficiary
according to industry standards, the original
financial responsibility mechanism shall be
retained by the District.
(c) The financial responsibility mechanisms shall be
established with a state or national bank, savings
and loan association, or other financial
institution, licensed in this state. In the case of
letters of credit, the letter of credit must be issued
by an entity which has authority to issue letters of
credit and whose letter of credit operations are
regulated and examined by a federal or state
agency. In the case of a surety bond, the surety
bond must be issued by a surety company
registered with the state of Florida.
(d) The financial responsibility mechanisms shall be
effective on or prior to the date that the activity
authorized by the permit commences and shall
continue to be effective through the date of
notification of final release by the District in
accordance with subsection 12.3.7.7.2 below of
this Handbook.


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(e) The financial responsibility mechanisms shall
provide that they cannot be revoked, terminated
or cancelled. Within 90 days of receipt by the
permitted of actual or constructive notice of
revocation, termination or cancellation of a
financial responsibility mechanism or other
actual or constructive notice of cancellation, the
permitted shall provide an alternate financial
responsibility mechanism which meets the
requirements of subsections 12.3.7 12.3.7.9.
12.3.7.5 If the permitted fails to comply with the terms
and conditions of the permit, subsection 12.3.7 or
fails to complete the mitigation and monitoring
within the timeframes specified by the permit
conditions or any extension thereof, such failure
shall be deemed a violation of chapter 40C-4,
F.A.C., and 'the permit issued' thereunder. In
addition to any other remedies for such violation
as the District may have, the District, upon notice
as provided in the mechanism or if none, upon
reasonable notice, may draw upon the financial
mechanism.
12.3.7.6 Financial Responsibility Mechanisms.
Financial responsibility for the mitigation,
monitoring and corrective action for each phase
of the project may be established by any of the
following methods, at the discretion of the
applicant:
(a) Performance bond;
(b) Irrevocable letter of credit:
(c) Trust fund agreement:
(d) Deposit of cash or cash equivalent into an escrow
account:
(e) An audited annual financial statement submitted
by a Certified Public Accountant representing
that the applicant has a tangible net worth equal
to or in excess of the cost of the mitigation plan.
For purposes of this subparagraph, "tangible net
worth" means total assets, not including
intangibles such as goodwill and right to patents
or royalties, minus total liabilities, computed in
accordance with generally accepted accounting
principles.
S A demonstration that the applicant meets the
financial test and corporate guarantee
requirements set forth in 40 C.F.R. Section
264.143(f) incorporated herein by reference.
Where the referenced test is used to provide
evidence of financial resources necessary to


conduct mitigation activities the term "closure
and post-closure cost estimates" as set forth
therein, shall generally be construed as meaning
"mitigation cost estimates."
(g) Guarantee bond;
(h) Insurance certificate:
(i) A demonstration that the applicant meets the
self-bonding provisions set forth at 30 C.F.R.
Section 800.23 incorporated herein by reference.
Where the referenced provisions are used to
provide evidence of financial responsibility to
conduct mitigation activities, the term "surface
coal mining and reclamation operations." as set
forth therein, shall generally be construed as
meaning "mitigation activities."
12.3.7.7 Cost estimates.
For the purposes of determining the amount of
financial responsibility that is required by this
subsection, the applicant shall submit a detailed
written estimate, in current dollars, of the total
cost of conducting the mitigation and
maintenance activities and monitoring the
mitigation, if applicable.
(a) The cost estimate for conducting the mitigation
and monitoring shall include all associated costs
for each phase thereof, including earthmoving,
planting, structure installation, maintaining and
operating any structures, controlling nuisance or
exotic species, fire management, consultant fees,
monitoring activities and reports.
(b) The applicant shall submit the estimates, together
with verifiable documentation, to the District
along with the draft of the financial responsibility
mechanism.
(c) The costs shall be estimated based on a third
party performing the work and supplying
materials at the fair market value of the services
and materials. The source of any cost estimates
shall be indicated.
12.3.7.7.1 Partial Releases. The permitted may request the
District to release portions of the financial
responsibility mechanism as phases of the
mitigation plan, such as earth moving or other
construction or activities for which cost estimates
were submitted and approved by the District, are
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(a) The request shall be in writing and include
documentation that the phase or phases have been
completed and have been paid for or will be paid
for upon release of the applicable portion of the
financial responsibility mechanism.
(b) The District shall authorize the release of the
portion requested upon verification that the
construction or activities have been completed in
accordance with the mitigation plans.
12.3.7.7.2 Final Release. Within thirty (30) days of the
District determining that the mitigation is
successful in accordance with subsection 12.3.6,
the District shall so notify the permitted and shall
authorize the return and release of all funds held
or give written authorization to the appropriate
third party for the cancellation or termination of
the financial responsibility mechanism.
12.3.7.8 Financial Responsibility Conditions.
For applicants subject to the financial
responsibility of subsections 12.3.7 12.3.7.9,
the District will include the following conditions
on the permit:
(a) A permitted must notify the District by certified
mail of the commencement of a voluntary or
involuntary proceeding under Title XI
(Bankruptcy), U.S. Code naming the permitted as
debtor within 10 business days after the
commencement of the proceeding.
(b) A permitted who fulfills the requirements of
subsections 12.3.7 12.3.7.9 by obtaining a
letter of credit or performance bond will be
deemed to be without the required financial
assurance in the event of bankruptcy, insolvency
or suspension or revocation of the license or
charter of the issuing institution. The permitted
must reestablish in accordance with subsections
12.3.7 12.3.7.9 a financial responsibility
mechanism within 60 days after such event.
(c) When transferring a permit in accordance with
section 40C-4.351, F.A.C., the new owner or
person with legal control shall submit
documentation to satisfy the financial
responsibility requirements of subsections 12.3.7
12.3.7.9. The prior owner or person with legal
control of the project shall continue the financial
responsibility mechanism until the District has
approved the permit transfer and substitute
financial responsibility mechanism.


12.3.7.9 Financial Responsibility Mechanisms For
Multiple Projects.
A applicant may use a mechanism specified in
subsection 12.3.7.6 above to meet the financial
responsibility requirement for multiple projects.
The financial responsibility mechanism must
include a list of projects and the amount of funds
assured for each project. The mechanism must be
no less than the sum of the funds that would be
necessary in accordance with subsection 12.3.7.2
above, as if separate mechanisms had been
established for each project. As additional
permits are issued which require mitigation, the
amount of the financial responsibility mechanism
may be increased in accordance with subsection
12.3.7.2, above and the project added to the list.
12.3.8 Real property conveyances.
(a) All conservation easements shall be granted in
perpetuity without encumbrances, unless such
encumbrances do not adversely affect the
ecological viability of the mitigation. All liens
against the conservation easement site shall
release, be subordinated to, or joined with the
conservation easement. All conservation
easements shall, at a minimum, be consistent
with the requirements and restrictions of section
704.06, F.S.; however, the District shall require
further restrictions in the conservation easement
if necessary to ensure the ecological viability of
the site.
(b) All real property conveyances shall be in fee
simple and by statutory warranty deed, special
warranty deed, or other deed, without
encumbrances that adversely affect the integrity
of the preservation. The District shall also accept
a quit claim deed if necessary to aid in clearing
minor title defects or otherwise resolving
boundary questions.
12.416416 Mitigation Banks
12.4.1161-6 Intent.
The Environmental Reorganization Act of 1993
directs the District to adopt rules governing the
creation and use of mitigation banks to offset
adverse impacts caused by activities regulated
under gPart IV of cGhapter 373, F.S. This
section, in addition to other rules promulgated
under pPart IV of cGhapter 373, F. S., is intended
to meet this requirement. The establishment and
use of Mitigation Banks in or adjacent .to ar.as o


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national, statz, or fregi:nal oologieal signifi anoc
Sn.ouragod, pro ided the aoa in whih th
Mitigation Ba.k i proposed to be located is
determined appropriate for mitigation banking
and the bank meets alt applicabl p hitting


The District recognizes that, in certain instances,
adverse impacts of activities regulated under
ePart IV of cGhapter 373, F.S, can be offset
through participation in a Mitigation Bank. This
section provides criteria for this mitigation
alternative to complement existing mitigation
criteria and requirements. This section does not
supersede any other criteria and requirements in
rules promulgated under pPart IV of cGhapter
373, F.S.
The District intends that Regional Mitigation
Banks be used to minimize mitigation uncertainty
associated with traditional mitigation practices
and provide greater assurance of mitigation
success. It is anticipated that the consolidation of
multiple mitigation projects into larger
contiguous areas will provide greater assurance
that the mitigation will yield long-term,
sustainable, regional ecological benefits.
Mitigation Banks should emphasize restoration
and enhancement of degraded ecosystems and the
preservation of uplands and wetlands as intact
ecosystems rather than alteration of landscapes to
create wetlands. The establishment and use of
Mitigation Banks in or adjacent to areas of
national, state, or regional ecological significance
is encouraged, provided the area in which the
Mitigation Bank is proposed to be located is
determined appropriate for mitigation banking
and the bank meets all applicable permitting
criteria.
Nothing in this section shall affect the mitigation
requirements set forth in any mitigation bank
agreement or any permit issued pursuant to
Chapter 84-79, Laws of Florida, or pPart IV of
cGhapter 373, F.S., prior to the effective date of
this section. If a permitted wishes to substantially
modify a mitigation bank previously established
by agreement or permit, the permitted must
comply with this section. This section does not
prohibit an applicant from proposing


project-specific, pre-construction mitigation, or
off-site mitigation, without establishing a
Mitigation Bank pursuant to this section 12.4.
12.4.2146-.&2 Definitions.
As used in section 12.4416..:
(a) through (g) No change.
16.1.6.3 renumbered 12.4.3
12.4.416.1.6.4 Criteria for Establishing a Mitigation Bank.
The following criteria shall be met to establish a
Mitigation Bank:
(a) The banker shall provide reasonable assurance
that the proposed Mitigation Bank will:
1. through 4. No change.
5. achieve the proposed mitigation success as
defined by the District; and
6. No change.
(b) A Mitigation Bank may be implemented in
phases if each phase independently meets the
requirements of subsection 12.4.4(a6. .- 6.A)
above.
(c) The banker shall:
1. have sufficient legal or equitable interest in the
property to meet the requirements of section
12.4.1016.1.6.10 and
2. meet the financial responsibility requirements of
section 12.4.1116.1.6.11.
12.4.5144-65 Mitigation Bank Permit Applications.
Any person or entity proposing to establish a
Mitigation Bank must apply for a Mitigation
Bank Permit. An application for a Mitigation
Bank Permit shall also constitute ielude an
application for any required permit required
under chapters 40C-4, 40C-40, 40C-41, 40C-42.
or 40C-400, F.A.C., to construct and operate the
bank. authoriacd under Part IV of Chapteor 373,
F& Mitigation Bank Permit applications shall be
processed according to Chapter 120, F.S. To
provide the District with reasonable assurances
that the proposed Mitigation Bank will meet the
criteria in this section 12.4, each Mitigation Bank
Permit application submitted to the District shall
include the information needed to review any
permit required under chapters 40C-4, 40C-40,
40C-41, 40C-42, or 40C-400, F.A.C. pursuanez to
Part IV of Chapter 373, .S., and the information
specified below as appropriate for the project:
(a) A description of the location of the proposed
Mitigation Bank which shall include:


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1. a map at regional scale showing the proposed
Mitigation Bank site project area in relation to the
regional watershed and proposed mitigation
service area;
2. a vicinity map showing the proposed Mitigation
Bank site project area in relation to adjacent lands
and offsite areas of ecologic or hydrologic
significance which could affect the long term
viability or ecological value of the bank;
3. an aerial photograph identifying boundaries of
the proposed Mitigation Bank prejeet area;
4. a highway map showing points of access to the
proposed Mitigation Bank for site inspection; and
5. No change.
(b) No change.
(c) A description and assessment of current site
conditions at the proposed Mitigation Bank site
which shall include:
1. a soils map of the proposed Mitigation Bank site
project area;
2. a topographic map of the proposed Mitigation
Bank site project area and adjacent hydrologic
contributing and receiving areas;
3. a hydrologic features map of the proposed
Mitigation Bank site project area and adjacent
hydrologic contributing and receiving areas;
4. current hydrologic conditions in the proposed
Mitigation Bank site prjeet area;
5. a vegetation map of the proposed Mitigation
Bank site prjeet area;
6. ecological benefits currently provided to the
regional watershed by the proposed Mitigation
Bank site project area;
7. through 9. No change.
(d) and (e) No change.
(f) Evidence of sufficient legal or equitable interest
in the property which is to become the Mitigation
Bank to meet the requirements of section
12.4.1016.1.6.10.
(g) Draft documentation of financial responsibility
meeting the requirements of section
12.4.1116.1.6.11.
(h) No change.
12.4.616.1.6.6 Establishment of Mitigation Credits.
(a) through (h) No change.


(i) The District shall maintain a ledger of the
Mitigation Credits available in each Mitigation
Bank. Mitigation Credits shall be withdrawn as a
non-substantial modification of the Mitigation
Bank Permit.
1. To withdraw Mitigation Credits for activities
undergoing permit review at the District, the
permit applicant must submit to the District
documentation from the banker demonstrating
that Mitigation Credits have been reserved, sold
or transferred to the permit applicant, and
requesting that the Mitigation Credits be
withdrawn from the Mitigation Bank. If the
District determines, pursuant to section 12.3, that
use of the Mitigation Credits proposed by the
applicant is:appropriate to offset the adverse
impacts, and a sufficient number of Mitigation
Credits are available, the District shall withdraw
the Mitigation Credits, and notify the banker by
letter of the withdrawal of the Mitigation Credits
and the remaining balance of Mitigation Credits.
2. No change.
(j) No change.
12.4.716.6.7 Contribution of Lands.
A permit applicant may contribute land to a
Mitigation Bank if:
(a) the adverse impacts to be offset by the land
donation are within the mitigation service area of
the Mitigation Bank, except as provided in
section 12.4.9(d)1 6.16.9(d);
(b) through (d) No change.
(e) the land will be encumbered pursuant to the
requirements of section 12.4.16.1.6.10; and
(f) No change.
12.4.8-16.1.68 Contribution of Funds.
Funds may be contributed to a Mitigation Bank
by purchasing Mitigation Credits from the
banker. The cost pe Mitigation Credit from a
Diseit Mitigation Bank shall be set by the
;Dist, t, but shall not exceed the higher of:
the estimated cest, at the time of final permit
processing, of creating one acre of wetland on the
project ite, including the fair market value o
lands to be used fr mitigation, and eonstru t. ion,
operation, monitoring, and management costs; or

b) the Distriet's estimated costs per credit fo
acquisit on,.design,-contruction, operation,
monitoring and management of the Mitigation
BaPAE.


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12.4.9164..6.9 Mitigation Service Area.
(a) through (c) No change.
(d) In addition to projects located wholly within the
Mitigation Service Area of a Mitigation Bank,
the following projects are eligible to use a
Mitigation Bank if the requirements in section
12.4.31-6-16.3 are met:
1. Projects with adverse impacts partially located
within the Mitigation Service Area.
2. Linear projects, such as roadways, transmission
lines, distribution lines, pipelines, or railways.
3. Projects with total adverse impacts of less than
one-half acre in size.
(e) and (f) No change.
12.4.1016.1.6. Land Use Restrictions on Mitigation Banks
(a) Before Mitigation Credits may be used from a
Mitigation Bank or any phase of a Mitigation
Bank, the banker shall either (1) cause a fee
interest to be conveyed to the District, or (2)
cause a conservation easement to be conveyed to
both the Department of Environmental Protection
and the District. The grantor may convey a
conservation easement to additional grantees
upon District approval. Mitigation Banks on
Federally owned land shall be encumbered in
perpetuity by conservation easements or other
mechanisms ensuring preservation in accordance
with the Mitigation Bank permit.
(b) If the Mitigation Bank is located within an area
identified in the District's five year land
acquisition plan, and the District determines that
the ecological environmental value of the bank
can be increased by incorporating the bank into
the District's land management programs, the
District shall award additional mitigation credits
if the fee interest in the bank is conveyed to the
District as opposed to a conservation easement.
(c) All conservation easements shall be granted in
perpetuity without encumbrances, unless such
encumbrances do not adversely affect the
ecological viability of the Mitigation Bank. All
conservation easements shall be of a form and
content sufficient to ensure preservation of the
Mitigation Bank according to the permit
e...ptable to the District, and shall, at a
minimum, meet the requirements and restrictions
of Section 704.06, F.S., except as provided in the
Mitigation Bank permit, and meet the
requirements of subsection 12.4.10(i)


16. .6.10 ).


However, the Litiot shall roquiro


further restrictions in the cotservation basementt
if necessary to ensure the ecological viability of
the Mitigatieon Bank.
(d) All real property conveyances shall be in fee
simple and by statutory warranty deed, special
warranty deed, or other deed, without
encumbrances that adversely affect the District's
title in the Mitigation Bank property or
preservation of the Mitigation Bank according to
the permit integrity ef the bank and _r
aeeeptablo to tho Distriet. The District shall may
elso accept a quit claim deed if necessary in frder
to aid in clearing minor title defects or otherwise
resolve a boundary question in the Mitigation
Bank.
(e) The grantor of the property or conservation
easement shall provide the following unless the
District determines during the permit review
process that such items are not necessary to
ensure preservation the integrity of the Mitigation
Bank according to the permit:
1. and 2. No change.
3. Assurance of the marketability of the interest in
real property being acquired in the form of a
marketable title commitment and owner's title
policy (ALTA Form B) in an amount at least
equal to the fair market value, as established in
section 12.4.10(e)2.1.1.6.10(e)2., of the real
property. The coverage, form and exceptions of
the title insurance policy shall ensure be subject
to District approval in order te assue that the
Mitigation Bank will be preserved according to
the Mitigation Bank permit Distrizt's interests arc
fully prftee ed.
4. If a fee simple interest is being conveyed, a Phase
I environmental audit identifying any
environmental problems which may affect the
liability of the District and any additional audits
as dete-rmined necessary to ensure that the
District is not subject to liability under Federal or
State laws relating to the treatment or disposal of
hazardous substances or ownership of land upon
which hazardous substances are located.
(f) through (h) No change.
(i) The grantor shall remove all abandoned personal
property and solid waste from the property that
reduces the proposed ecological value of the
property, will adversely affect the construction,


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implementation or management of the bank, or
poses a substantial risk of liability to the District,
to satisfaction of the DDisFiet as a condition of
receipt of the conveyance.
(j) through (k) No change.
12.4.1116.1.6.11 Financial Responsibility.


(a) To provide reasonable assurances that the
proposed Mitigation Bank will meet the
requirements of this-section 12.4 and the
associated permit conditions, non-governmental
bankers shall provide proof of financial
responsibility for: (1) the construction and
implementation phase of the bank, and (2) the
long term management of the bank, as required in
this section. Governmental entities shall provide
proof of financial responsibility pursuant to
section 12.4.11(h)-1-64.61--h). The amount of
financial responsibility provided in the
mechanisms required in this section shall be
based on the cost estimates determined pursuant
to section 12.4.11(f)16.4-6.A(f).
(b) No change.
(c) General Terms for Financial Responsibility
Mechanisms. In addition to the specific
provisions regarding financial responsibility
mechanisms for construction and implementation
in subsection 12.4.11(d 16.1.6.11(d) and long
term management in subsection 12.4.11(e)
16.1.6.11(e), the following terms shall be
complied with:
1. The financial mechanisms shall name the District
as sole beneficiary or shall be payable solely to
the District. If tThe financial responsibility
mechanism is of a type which is retained by the
beneficiary according to industry standards, it
shall be retained by the District as appropriate.
2. No change.
7 No per-son shall withdraw or transfer any portion
ef the monies provided fr financial
responsibility without first obtaining prior written
approval from the District.
3.4- No change.
4_-. The financial responsibility mechanisms shall not
be terminated or cancelled by the banker without
prior written nsent of the Dis rit. Within 90
days of receipt of a notice of cancellation of a
financial responsibility mechanism or other
actual or constructive notice of cancellation, the
banker shall provide an alternate financial


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responsibility mechanism which meets the
requirements of this section, and obtain prior
written approv-al of the mechanism from the
District.
5.6 No change.
(d) Financial Responsibility for Construction and
Implementation.
1. and 2. No change.
3. The amount of financial responsibility
established shall equal the cost of construction
and implementation of each phase of the
Mitigation Bank which is being implemented,
pursuant to section 12.4.1(f)416.1.6.1 (). When a
current phase of the bank has been deemed by
staff to becompletely constructed, implemented
and trending- toward success according to the
terms of in compliance with the permit, the
respective amount of financial responsibility for
that phase shall be released.
4. No change.
(e) Financial Responsibility for the Long Term
Management.
1. A banker shall establish a trust fund agreement to
provide financial responsibility for the long term
management of the Mitigation Bank, or phase
thereof. Trust fund agreements shall be submitted
in a format approved by the District and which
meets standard industry practices.
2. The amount of financial responsibility shall equal
the cost of long term management, pursuant to
section 12.4.11(f)16.1.6.11(f), for all previously
constructed phases and the current phase for
which credits have been approved for
withdrawal.
3. No change.
(f) Cost estimates.
1. through 3. No change.
4. The banker shall submit the estimates, together
with verifiable documentation, to the District for
approval along with the proof of financial
responsibility.
5. No change.
(g) Cost adjustments.
1. The banker shall, every two years, adjust the
amount of financial responsibility provided for
construction, implementation, and long term
management. Every two years the banker shall
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accompanied by supporting documentation.
Construction and implementation and long term
management costs shall be listed separately. The
District shall review the cost adjustment
statement and supporting documentation to
determine if it reflects all construction,
implementation, and long term management
costs. If the cost adjustment statement and
supporting documentation reflects all
construction, implementation, and lone term
management costs, the District shall approve the
cost adjustment statement.
2. and 3. No change.
4. Revised cost estimates shall be used as the basis
for modifying the financial mechanism. If the
value of the financial mechanism is less than the
total amount of the current construction and
implementation and long term management cost
estimates, the banker shall, upon District
approval of the cost adjustment statement,
increase the value of the financial mechanism to
reflect the new estimate within 60 days. If the
value of the funding mechanism is greater than
the total amount of the current cost estimate, the
banker may reduce the value of the funding
mechanism to reflect the new estimate upon
receiving District approval of the cost adjustment
statement.
5. The District shall may require adjustment of the
amount of financial responsibility provided for
construction, implementation or long term
management at times other than the cost
adjustment period when the costs associated with
compliance with the permit conditions exceed the
current amount of financial responsibility and
such financial assurances are deemed necessary
to ensure compliance with the permit conditions.
(h) Financial Responsibility for Governmental,
Non-Department, Mitigation Banks.
1. Governmental entities other than the Department
shall demonstrate that they can meet the
construction and implementation requirements of
the Mitigation Bank Permit fm.-Onial rezpeanibility
for construction and ;mple:mntation by any of the
mechanisms in Section 12.4.11(dl.1.6.11(d4)
above, or by other financial mechanisms
eeeptable t the Distrit which are-suffieient to


meet the requirements of paragraphs 12.4.11 (c)3.,
12.4.11(c)4.. 12.4.11(d)3. and this section
12.4.11 ( ).
2. Governmental entities other than the Department
shall establish a trust fund for the long term
management of the Mitigation Bank in
accordance with Section 12.4.11(e)14.1.6.1-c)
above. The trust fund agreement for long term
management may be funded as Mitigation
Credits are withdrawn, provided that the trust
fund agreement is fully funded when all
Mitigation Credits are withdrawn. Governmental
entities shall comply with the cost adjustment
provisions in Section 12.4.11(g)164.6.441().
12.4.1216.1.612 Mitigation Bank Permit and Mitigation Bank
Conceptual Approval.
If the Mitigation Bank proposal meets the criteria
in this section, the District shall issue either a
Mitigation Bank Permit or a Mitigation Bank
Conceptual Approval to the banker.
(a) The Mitigation Bank Permit authorizes the
implementation and operation of the Mitigation
Bank and sets forth the rights and responsibilities
of the banker for the implementation,
management, maintenance and operation of the
Mitigation Bank. The Mitigation Bank Permit
shall include the following:
1. through 4. No change.
5. Requirements for the execution and recording of
the conservation easement or conveyance of the
fee interest as provided in section 12.4.10
16.1.6.10.
6. through 8. No change.
(b) and (c) No change.
12.4.134-6A.6.13 Surrender, Transfer, or Modification of
Mitigation Bank Permits.
(a) No change.
(b) If a property interest has been conveyed as
provided in Section 12.4.101.1.6.10 for a
Mitigation Bank permit which is surrendered as
provided above, the District shall convey the
property interest back to the grantor of that
interest.
(c) If a surface water management system has been
constructed or altered within the Mitigation
Bank, the banker shall obtain any permits
required under chapter 40C-4, 40C-40, 40C-41,


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40C-42, or 40C-400, F.A.C. pursuant t Part IV
of Chapter 373, FS., to operate or abandon the
surface water management system.
(d) To transfer a Mitigation Bank Permit, the banker
shall meet the requirements of section 40C-1.612,
F.A.C., and the entity to which the permit will be
transferred to must provide reasonable assurances
that it can meet the requirements of sections
12.4.10-6.1.6.-0 and 12.4.1116.1611. If the
transfer to the District is proposed, the current
banker shall provide an updated cost estimate and
adjust the financial responsibility mechanism, as
appropriate, prior to transfer of the permit.
(e) No change.
12.4.1416.1.6.14 Department of Environmental Protection
The Department of Environmental Protection
("Department") may construct, operate, manage,
and maintain a Mitigation Bank pursuant to this
section after obtaining a Mitigation Bank Permit
from the District.
(a) No change.
(b) Land Use Restrictions on Department
1. No change.
2. Notwithstanding any other provision of this
section 12.4, the Department may sell, transfer, or
use Mitigation Credits prior to acquiring the
proposed mitigation site as set forth in its
Mitigation Bank Permit.
(c) No change.
(d) Procedures for Establishment of Mitigation
Banks established by the Department shall be
permitted pursuant to the procedures in the that
certain First Amendment T August 28, 1992,
Operating Agreement Concerning Management
and Ster.age of Surface Waters Regulaticn, and
Wetland Reso.ure Regulation Under Part IV,
Chapter 373, F.S., Between The St. Johns River
Water Management District and Department of
Environmental Protection Regulatien.
12.5-6-2 Formal Wetland Determination of the Landward
Extent of Wetlands and other Surface Waters
Pursuant to subsection 373.421(2), F.S., the
Governing Board has established a procedure by
which a real property owner, an entity that has the
power of eminent domain, or any person who has
a legal or equitable interest in real property may
petition the District for a formal wetland
determination for that property. A formal wetland
determination means the District will determine


verify the locations on the property of the
landward extent boundaries of the wetlands and
other surface waters defined by chapter 17-340,
F.A.C.. as ratified in section 373.4211, F.S. (see
Appendix G which contains this methodology.)
12.5.1-62-1 Procedure
To petition for a formal determination, the
petitioner must submit to the District the
following:
(a) five seven copies of completed form
40C-1.181(12), including copies of all items
required by the form, which can be found in
Appendix B of the Applicant's Handbook:
Management and Storage of Surface Waters, and
(b) the appropriate non-refundable formal wetlan
determination fee pursuant to section 40C-1.603,
F.A.C.
Within 30 days of receipt of a petition for a
formal wetland-determination, the District shall
notify the petitioner of any missing or insufficient
information in the petition documentation
submitted which may be necessary in-order to
complete review of the petition.
The District shall complete the determination and
shall issue a notice of intended agency action
within 60 days after the petition is deemed
complete. The District shall publish the notice of
intended agency action on the petition in a
newspaper of general circulation in the county or
counties where the property is located.
Sections 120.57 and 120.59, F.S., apply to formal
wetland determinations made pursuant to this
section. Any person whose substantial interests
will be affected by the District's proposed action
on the petition may request an administrative
hearing on the proposed action pursuant to
section 40C-1.511, F.A.C. If no request for an
administrative hearing is filed, the Executive
Director will then take final action on the petition
for the formal wetland determination.
The Executive Director will only issue a formal
wetland determination if the petitioner has
satisfied all the requirements of section 12.5. A
person requesting a formal wetland determination
may withdraw the petition without prejudice at
any point before final agency action.
12.5.246-2.2 Types of Formal Determinations Surveys


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A petitioner can request a formal determination
consisting of a certified survey, an approximate
delineation, or combinations thereof, as described
below:
(a) The survey of the extent of wetlands and other
surface waters shall be certified pursuant to
chapter 472, F.S., to meet the minimum technical
standards in chapter 61G17-6, F.A.C. A
petitioner seeking a certified surveyed
delineation shall have a land surveyor registered
in the State of Florida survey the verified
boundaries of wetlands and other surface waters,
and shall have the surveyor or surveyor's
representative accompany the District
representative on the delineation verification
described in subsection 12.5.3. The certified
survey shall also contain a legal description of,
and acreage contained within, the boundaries of
the property for which the determination is
sought. The boundaries of wetlands and other
surface waters shall be witnessed to the property
boundaries, and shall be capable of being
mathematically reproduced from the survey. The
petitioner shall submit five copies of the survey.
along with five copies of the survey depicted on
aerial photographs, to the District to complete the
petition.
(b) An approximate delineation shall consist of a
boundary produced by using global positioning
system (GPS), a boundary drawn on rectified
aerial photographs, a geo-reference image
produced from a boundary drawn on a
non-rectified aerial photograph, or any
combination thereof.
1. A range of variability shall be determined for all
approximate delineations by comparing a number
of specific boundary points indicated on the
aerial photograph, or located by GPS, to field
located boundary points. The District shall
determine the number and location of comparison
sites using the total linear feet of delineated
boundary such that the total number of sites
reflects at least one site for every 1000 feet of
delineated boundary. No fewer than three
boundary point comparisons shall be performed
for each approximate delineation. For GPS
approximate delineations, the petitioner shall
conduct a specific purpose survey as defined in
chapter 61G17-6, F.A.C., to shove, the relationship


of field located boundary points to the GPS
located boundary points. The range of variability
shall be the greatest deviation measured at the
comparison boundary points. An approximate
delineation method cannot be used if the range of
variability is equal to or greater than plus or
minus 25 feet.
2. An aerial photograph shall serve as the basis for
an approximate delineation only when the aerial
photograph accurately depicts the boundaries of
the wetlands and other surface waters by a clear
expression of vegetative or physical signatures as
verified by ground truthing. If a submitted aerial
photograph does not provide an accurate
depiction, then the landward extent of wetlands
and other surface*waters shall be delineated by
flagging the boundary, and the formal
determination shall be produced using GPS or a
certified survey.
3. Following any verification and adjustment as
required in subsection 12.5.3, the petitioner shall
submit five copies of the following to complete
the petition: a hand drawn delineation on a
rectified aerial photograph: the geo-referenced
image of the delineation and aerial photograph
with the delineation: or the GPS depiction of the
delineation on an aerial photograph.
4. When a subsequent permit application includes
regulated activities within 200 feet of the
landward extent of the range of variability of an
approximate delineation at a given location, the
applicant shall establish in the field the exact
boundary of the wetlands and other surface
waters at that location.
The petitioner or his agent shall clearly delineate
the Iandward b-oundary ef w.etland on. the
property -in accordane- with section 16.1. A
District repesentative will vr^ify the location C
the bounda.y line. The petitioner must then hafo
the boundary line surveyed and must return four
eeftified -epies of that survey) to the Distriet. The
district enoges ptitionr to ange for a
ur.eyor, or his representative, to accompany the
District repres-netative the wetland ine
verification. In order for the petition to the
deemed plete, the district must reeie fou


12.5.3


eetified copie of thp -su-.y.
Locating the Surface Waters and Wetlands
Boundary Line


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If the property is 10 acres or greater in size, the
petitioner or his agent shall initially delineate the
boundaries of wetlands and other surface waters
by either flagging the boundary for a certified
survey or GPS, or estimating the extent of
wetlands and other surface waters on aerial
photographs, prior to the District's inspection of
the site. A District representative will then verify
the location of the boundary line and indicate to
the petitioner any necessary adjustments in the
initial delineation needed to reflect an accurate
boundary. For properties less than 10 acres in
size, the petitioner is not required to approximate
the delineation.
12.5.416-2.3 Duration
The formal wetland determination shall be
binding for five years provided physical
conditions on the property do not change so as to
alter the-boundaries of wetlands boundaries-and
other surface waters during that period. Changes
in surface water or wetland boundaries resulting
from work authorized by a Management and
Storage of Surface Waters permit pursuant to part
IV, chapter 373, F.S., will not be considered as
altering the wetland boundary for the purposes of
this subsection. The formal wetland
determination shall be issued for five years. The
Governing Board may revoke a formal wetland
determination upon a finding that the petitioner
has submitted inaccurate information to the
District.
12.5.516.2.4 Formal Determinations for Properties with an
Existing Formal Determination Renewals
Within sixty days prior to the expiration of a
formal determination, the property owner, an
entity that has the power of eminent domain, or
any other person who has a legal or equitable
interest in the property may petition for a new
formal determination for the same parcel of
property and such determination shall be issued,
approving the same extent of surface waters and
wetlands in the previous formal determination, as
long as physical conditions on the property have
not changed, other than changes which have been
authorized by a permit pursuant to this part, so as
to alter the boundaries of surface waters or
wetlands and the methodology for determining
the extent of surface waters and wetlands
authorized by section 373.421(1)., F.S., has not


been amended since the previous formal
determination. The application fee for such a
subsequent petition shall be less than the
application fee for the original determination.
Any person eligible to petition for a wetland
determination may petition to renew a fomal
wetland determination prior to the expiration
date. A petition to renew an expired formal

same manner as a petition for an original formal
wetland determination. Persons petitioning the
District to renew an expired formal wetland
determination mustsubmit the information
required by subsections 16.3.1. and 16.3.2 and
the renewal fee required by section 40C 1.603i

12.5.616.2.5 Nonbinding Determinations
The District may issue informal nonbinding
pre-application wetland determinations or
otherwise initiate nonbinding wetand
determinations on its own initiative as provided
by law.
(16.0 through 16.1.2 are repealed due to ratification of the
statewide wetland delineation methodology in Ch. 94- ,
Laws of Florida.)
(16.1.3 through 16.1.5, and 16.1.7 are repealed. See
amendments proposed in Section 12. See Applicant's
Handbook: Management and Storage of Surface Waters,
effective February 17, 1994, for current text.)

NAME OF PERSON ORIGINATING PROPOSED RULE:
Kathryn Mennella, Sr. General Counsel, Office of General
Counsel, St. Johns River Water Management District, P.O. Box
1429, Palatka, FL 32178-1429, (904) 329-4215
NAME OF SUPERVISOR OR PERSON WHO APPROVED
THE PROPOSED RULE: Governing Board of St. Johns River
Water Management District
DATE PROPOSED RULE APPROVED: April 13, 1994
Anyone requiring a special accommodation to participate in
this meeting is requested to advise the District at least 5 work
days before the meeting by contacting Debbie Hancock at
(904) 329-4262 or (904) 329-4450 (TDD).

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District
RULE CHAPTER TITLE: RULE CHAPTER NO.:
Works of the District 40C-6
RULE TITLES: RULE NOS.:
Policy and Purpose 40C-6.011


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Definitions 40C-6.021
Implementation 40C-6.031
Permits Required 40C-6.041
Exemptions 40C-6.051
Works of the District 40C-6.091
Procedures and Content of Application 40C-6.101
Permit Processing Fee 40C-6.201
Conditions for Issuance of Permits 40C-6.301
Duration of Permits 40C-6.321
Modification of Permits 40C-6.331
Revocations of Permits 40C-6.341
Transfer of Permits 40C-6.351
Reapplying for Permits 40C-6.371
Completion Reports 40C-6.411
Emergency Authorization 40C-6.451
Inspections 40C-6.461
Remedial Measures 40C-6.481
Unlawful Use 40C-6.491
PURPOSE AND EFFECT: Chapter 40C-6, F.A.C., is proposed
to be repealed due to the adoption of chapter 40C-9, F.A.C.,
and the simultaneously proposed changes to chapter 40C-4,
F.A.C.
SUMMARY: Chapter 40C-6, F.A.C., entitled "Works of the
District" is proposed to be repealed. This chapter establishes
procedures and requirements for persons who propose to
connect works to, make use of, alter, or place works within, on,
or across projects and works which have been adopted by the
St. Johns River Water Management District as works of the
District. The chapter, in its existing form, had extremely
limited usage over the past 10 years, serving to regulate minor
activities in designated surface waters and activities on District
lands. The proposed changes to section 40C-4.041, F.A.C.,
which expands the isolated wetland permitting threshold to
non-exempt activities in all wetlands or other surface waters,
and the implementation of chapter 40C-9, F.A.C., (Water
Management Lands Acquisition and Management) eliminate
the need for this chapter.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.084, 373.085, 373.086, 373.087,
373.103 FS.
A PUBLIC HEARING WILL BE HELD AT THE TIME,
DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 11:00 a.m., June 8, 1994
PLACE: St. Johns River Water Management District
Headquarters, Highway 100 West, Palatka, Florida 32177.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED REVISIONS IS: Jeff Elledge, Director,
Department of Resource Management. St. Johns River Water
Management District, P.O. Box 1429, Pa!atka, Florida
32178-1429, (904) 329-4203.


THE FULL TEXT OF THE PROPOSED RULE REPEALS
ARE:

40C-6.011 Policy and Purpose.
Specific Authority 373.044, 373.113, 373.149. 373.171 FS. Law Implemented
373.084, 373.085, 373.086, 373.087, 373.103 FS. History-New 1-3-77.
Formerly 161-6.01, 40C-6.01, Amended 2-3-81, Formerly 40C-6.066.
40C-6.0011. Repealed _

40C-6.021 Definitions.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.019,
373.084, 373.085, 373.086, 373.087, 373.103 FS. History-New 1-31-77,
Formerly 161-6.02, 40C-6.02, Amended 2-3-81. Formerly 40C-6.021,
40C-6.0021, Amended 8-1-89, Repealed

40C-6.031 Implementation.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.087, 373.103 FS. History-New 1-31-77, Formerly
161-6.03, 40C-6.03, Amended 2-3-81. Formerly 40C-6.031, 40C-6.0031,
Repealed

40C-6.041 Permits Required.-
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.087, 373.103 FS. History-New 1-31-77, Formerly
161-6.04, 40C-6.04, Amended 2-3-81, Formerly 40C-6.041, 40C-6.0041,
Repealed

40C-6.051 Exemptions.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.087, 373.103, 403.813 FS. History-New 1-31-77,
Amended 8-6-79, Formerly 161-6.05, 40C-6.05, Amended 2-3-81, Formerly
40C-6.051, 40C-6.0051, Repealed

40C-6.091 Works of the District.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.087, 373.103 FS. History-New 1-31-77, Formerly
161-6.06. 40C-6.06, Amended 2-3-81, Formerly 40C-6.091, 40C-6.0091,
Repealed

40C-6.101 Procedures and Content of Application.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084,
373.085. 373.086, 373.087, 373.103 FS. History-New 1-31-77, Formerly
161-6.10, Amended 2-3-81, Formerly 40C-6.101, 40C-6.0101, Repealed


40C-6.201 Permit Processing Fee.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.087, 373.103, 373.109 FS. History-New 1-31-77,
Formerly 161-6.20, 40C-6.20. Amended 2-3-81, Formerly 40C-6.201,
40C-6.0201, Amended 10-1-87, 8-1-89, Repealed __

40C-6.301 Conditions for Issuance of Permits.
Specific Authority 373.016, 373.044. 373.113, 373.171 FS. Law Implemented
373.084, 373.085. 373.086, 373.087, 373.103 FS. History-New 1-31-77,
Formerly 161-6.30. 40C-6.30. Amended 2-3-81, Formerly 40C-6.301,
40C-6.0301, Repealed

40C-6.321 Duration of Permits.
Specific Authority 373.044. 373.113, 373.171 FS. Law Implemented 373.084,
373.085. 373.086, 373.087, 373.103, FS. History-New 1-31-77, Formerly
161-6.32, 40C-6.32. Amended 2-3-81. Formerly 40C-6.321, 40C-6.0321,
Repealed


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40C-6.331 Modification of Permits.
Specific Authority 373.044, 373.113. 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.087, 373.103, FS. History-New 1-31-77, Amended
12-26-77. Formerly 161-6.33, 40C-6.33. Amended 2-3-81, Formerly
40C-6.331, 40C-6.0331, Amended 1-1-89, 8-1-89, Repealed

40C-6.341 Revocations of Permits.
Specific Authority 373.044, 373.113. 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.087. 373.103, FS. History-New 2-3-81, Formerly
40C-6.341, 40C-6.0341, Amended 1-1-89, 8-1-89. Repealed

40C-6.351 Transfer of Permits.
Specific Authority 373.044, 373.113, 373.171 373.416 FS. Law Implemented
373.084, 373.085, 373.086, 373.087. 373.103, 373.416 FS. History-New
1-31-77 Formerly 161-6.35, 40C-6.35, Amended 2-3-81, Formerly 40C-6.351.
40C-6.0351, Amended 8-1-89, Repealed.

40C-6.371 Reapplying for Permits.
Specific Authority 373.044, 373.113. 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.087, 373.103 FS. History-New 1-31-77 Formerly
161-6.37, 40C-6.37, Amended 2-3-81, Formerly 40C-6.371, 40C-6.0371,
Amended 8-1-89, Repealed

40C-6.411 Completion Reports.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.087, 373.103, FS. History-New 1-31-77 Formerly
161-6.41, Amended 2-3-81, Formerly 40C-6.411, 40C-6.0411, Repealed


S 40C-6.451 Emergency Authorization.
Specific Authority 373.084, 373.113, 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.087, 373.103 FS. History-New 1-31-77 Formerly
161-6.45, Amended 2-3-81, Formerly 40C-6.451, 40C-6.0451, Repealed


40C-6.461 Inspections.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.103 FS. History-New 1-31-77 Formerly 161-6.46,
40C-6.46, Amended 2-3-81, Formerly 40C-6.461, 40C-6.0461, Repealed


40C-6.481 Remedial Measures.
Specific Authority 373.044. 373.113, 373.171 FS. Law Implemented 373.084,
373.085, 373.086, 373.103 FS. History-New 1-31-77 Formerly 161-6.48,
40C-6.48, Amended 2-3-81, Formerly 40C-6.481, 40C-6.0481, Amended
8-1-89, Repealed_

40C-6.491 Unlawful Use.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.614,
FS. History-New 1-31-77 Formerly 161-6.49, 40C-6.49, Amended 2-3-81,
Formerly 40C-6.491, 40C-6.0491, Reealed

NAME OF PERSON ORIGINATING PROPOSED RULE:
Kathryn Mennella, Sr. Asst. General Counsel, Office of
General Counsel, St. Johns River Water Management District,
P.O. Box 1429, Palatka, FL 32178-1429, (904) 329-4215.
NAME OF SUPERVISOR OR PERSON WHO APPROVED
RULE: Governing Board of St. Johns River Water
Management District.
DATE PROPOSED RULE APPROVED: April 13, 1994.


Anyone requiring special accommodation to participate in this
meeting is requested to advise the District at least 5 work days
before the meeting by contacting Debbie Handcock at (904)
329-4262 or (904) 329-4450 (TDD).

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District
RULE CHAPTER TITLE: RULE CHAPTER NO.:
Standard General Environmental
Resource Permits 40C-40.
RULE TITLE: RULE NO.:
Policy and Purpose 40C-40.011
Implementation 40C-40.031
Standard General Permit for Construction,
Operation, Maintenance, Alteration,
Abandonment or Remoal of Surface Water
Management Systems 40C-40.042
Standard General Permit Application 40C-40.112
Conditions for Issuance of Permits 40C-40.302
Duration of Permit 40C-40.321
Forms and Instructions 40C-40.900
PURPOSE AND EFFECT: The proposed amendments revise
the general permitting rules of the St. Johns River Water
Management District (SJRWMD) to be consistent with the
concurrently proposed changes to chapter 40C-4, F.A.C. The
amendments are intended to enhance the consistency of
regulatory requirements promulgated by the water
management districts under part IV, chapter 373, F.S.
SUMMARY: The proposed amendments rename SJRWMD's
general permits issued under part IV, chapter 373, F.S., to
"standard general environmental resource permits." Proposed
amendments to section 40C-4.112, F.A.C., set forth entities to
whom the SJRWMD must forward copies of standard general
permit applications. Proposed amendments to section
40C-40.302, F.A.C., would require that applicants meet the
conditions for issuance in section 40C-4.302, F.A.C., as well as
those in section 40C-4.301, F.A.C., and would change the
permit thresholds for a permit issued under chapter 40C-40,
F.A.C. To qualify for such a permit, the proposed system must
not be capable of impounding more than 120 acre feet of water,
must not serve a project of 100 acres or more total land area,
must not involve construction or alteration in, on or over a total
of one acre or more of wetlands and other surface waters, and
must not include more than nine proposed boat slips.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.118, 373.413, 373.416, 373.426
FS.
A PUBLIC HEARING WILL BE HELD AT THE TIME,
DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 11:00 a.m., June 8, 1994.


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PLACE: St. Johns River Water Management District, Highway
100 West, Palatka, Florida 32177.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED REVISIONS IS: Jeff Elledge, Director,
Department of Resource Management, St. Johns River Water
Management District, P.O. Box 1429, Palatka, Florida
32178-1429, (904) 329-4203

THE FULL TEXT OF THE PROPOSED RULES ARE:

40C-40.011 Policy and Purpose.
This chapter grants 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. This chapter sets forth the
requirements for qualifying for a standard general permit and
the conditions under which it may be exercised. Surface water
management systems which are non-exempt under section
4GC 4.051 F.A.C., which do not qualify for a noticed general
environmental resource permit pursuant to chapter 40C-400,
F.A.C., and which do not qualify for a standard general permit
under this chapter are required to obtain individual permits
under the provisions of chapter 40C-4, F.A.C. The District
may require an individual permit application for any surface
water management system for which an application has been
filed under this chapter which may not conform to the
provisions of this chapter, or chapter 373, F.S., or for which a
substantial objection has been received.
Specific Authority 373.044, 373.113 373.118 FS. Law Implemented 373.118,
373.413. 373.416, 373.426 373.49 373 429 FS. History-New 12-7-83,
Amended

40C-40.031 Implementation.
(1) This rule specifies the effective dates for the standard
general environmental resource surface water an .agement
permits granted in this chapter. If the surface water
management system meets the conditions of this chapter, the
effective date is December 7, 1983.
(2) No change.
Specific Authority 373.044, 373.113 373.118 FS. Law Implemented 373.118.
373.413, 373.416, 373.426 Part IV. Chapter-37 FS. History-New 12-7-83,
Amended 2-27-94, .

40C-40.042 Standard General Permit for Construction,
Operation, Maintenance, Alteration, Abandonment or Removal
of Surface Water Management Systems.
(1) No change.
(2) No construction, operation, maintenance, alteration,
abandonment or removal of a surface water management
system shall be commenced until the permitted receives a
standard general permit from the District.


szue the appropriate geoor-ai pearmit
pormiiz ~~i~d within 30 day-s


from the receip of a complete general permit application and
all timely requested additional information.
Specific Authority 373.044, 373.113.373.118 FS. Law Implemented 120.60,
373.118 373.413. 373.416, 373.426 FS. History-New 12-7-83, Amended
2-27-94.

40C-40.112 Standard General Permit Application.
(1) To apply for a standard general permit, the applicant
must submit form 40C-1.181(2) to the District. The applicant
shall submit five copies of the application, construction plans,
and any supporting documents describing the proposed system.
At looat thirty (30) days prior to the oommon.ement of any
contruction t or alteration of a surface water management


.y.cm authorized in l cation 40C 40.042, F.A.C.. the pr.nitt.ee
shall file the applicatiAn form linted ifn fetion 40G 10.900,
F..A.C., with the Ditrct.
(2) A complete application for a standard general 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.
(3) For projects located in or seaward of coastal counties,
and which have regulated activities in, on, or over wetlands or
other surface waters, a complete application for a standard
general environmental resource permit shall constitute a
request for federal consistency certification as provided in
Section 307 of the Coastal Zone Management Act and 15
C.F.R. 930, Subpart D. Issuance of the permit shall constitute a
certification of consistency.
(4) If a standard general permit application involves
activities located in, on, or over wetlands or other
surfacewaters, 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, and the application is
complete enough to allow interested persons to comment on
the application, the District shall forward a copy 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;
(c) any person who has requested a copy of the specific
application that is under review; and


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(d) the Department of Environmental Protection, if the
proposed activities have a potential to impact marine listed
species.
(6) If at any time during the application processing it
appears that the application involves activities which may take
place on state-owned lands, the District shall send a copy of the
application to the Division of State lands, Department of
Environmental Protection.
(7) The District shall issue the standard general permit, or
a notice that an individual permit is required, within 30 days
from the receipt of a complete standard general permit
application and all timely requested additional information.
Specific Authority 373.044, 373.113 373.118 FS. Law Implemented 373.118,
373.413, 373.416, 373.417, 373.426 FS. History-New 12-7-83, Amended
2-27-94, .

40C-40.302 Conditions for Issuance of Permits.
To qualify for a standard general permit under this chapter, the
permitted must give reasonable assurances that the surface
water management system meets subsection (1) and all of the
threshold conditions of subsection (2).
(1) General Conditions. The surface water management
system must meet the conditions for issuance specified in
sections 40C-4.301 and 40C-4.302, F.A.C. However, srfae
water management system which exceed only the permit
threshold in subparagraph 40G 4.011(2)(b)ll., F.A.C., must
only meet the criteria specified in subsection 40C4 .301(3),

(2) Threshold Conditions
(a) The system must not be capable of impounding a
volume of water more than 120 acre feet.
(b) The system must not serve a project of 100 420 acres
or more total land area.
(c) Construction or alteration of a system, including
dredging or filling, must not be proposed in, on or over a total
of one acre or more of wetlands and other surface waters. The
system must nott be subject te the jurisdiction of the
Department of Environimental Regulation for the purposes of
regulation of dredging and filling, except those systems which
are only required to obtain general permits pursuant to sections
17 312.800 through 17 312.819, F.A.C.
(d) The system must not include more than nine proposed
boat slips.
(3)(a) The Governing Board may designate specific
geographic areas in which general permit thresholds are
different from those specified in subsection (2--) above.
(b) Such designation shall be adopted by rule pursuant to
chapters 120 and 373, F.S., and chapter 40C-1, F.A.C.


Specific Authority 373.044, 373.113 373.118 FS. Law Implemented 373.019,
373.118, 373.413, 373.416, 373.426 FS. History-New 12-7-83, Amended
9-25-91. 1-6-93. .

40C-40.321 Duration of Permit.
Unless revoked or otherwise modified, the duration of the
standard general permit for construction, operation,
maintenance, alteration, abandonment, or removal of a surface
water management system is:
(1) and (2) No change.
Specific Authority 373.044, 373.113 373.118 FS. Law Implemented 373.118,
373.413, 373.416, 373.426 FS. History-New 12-7-83, Amended
2-27-94,

40C-40.900 Forms and Instructions.
The following forms and instructions incorporated by
reference have been approved by the Governing Board and are
available upon request from the following District offices:
St. Johns River Water Management District,
P.O. Box 1429,
Palatka, Florida 32178-1429
St. Johns River Water Management District,
7775 Baymeadows Way, Suite 102
Jacksonville, Florida 32256
St. Johns River Water Management District,
618 East South Street, Suite 200,
Orlando, Florida 32801
St. Johns River Water Management District,
305 East Drive,
Melbourne, Florida 32904
Management and Steorage f Sur-face Waters Environmental
Resource Permit Application, form number 40C-1.181(2),
adopted February 27, 199.
Specific Authority 120.53(1), 373.044, 373.113, 373.118 FS. Law
Implemented 120.52(16), 120.53(1), 373.085, 373.116, 373.118, 373.103,
373.106, 373.229, 373.413 FS. History-New 5-30-90, Amended
2-27-94,__.

NAME OF PERSON ORIGINATING PROPOSED RULE:
Kathryn Mennella, Sr. Asst, General Counsel, Office of
General Counsel, St. Johns River Water Management District,
P.O. Box 1429, Palatka, FL 32178-1429, (904) 329-4215.
NAME OF SUPERVISOR OR PERSON WHO APPROVED
RULE: Governing Board of St. Johns River Water
Management District.
DATE PROPOSED RULE APPROVED: April 13, 1994.
Anyone requiring a special accommodation to participate in
this meeting is requested to advise the District at least 5 work
days before the meeting by contacting Debbie Hancock at
(904) 329-4262 or (904) 329-4450 (TDD).


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WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District
RULE CHAPTER TITLE: RULE CHAPTER NO.:
Environmental Resource Permits:
Surface Water Management
Basin Criteria 40C-41
RULE TITLES: RULE NOS.:
Application of Chapter 40C-41.043
Conditions for Issuance of Permits 40C-41.063
PURPOSE AND EFFECT: These proposed amendments
conform this chapter to simultaneously proposed changes to
chapter 40C-4, F.A.C.
SUMMARY: The proposed changes to chapter 40C-41, F.A.C.,
conform this chapter to the simultaneously proposed changes
to chapter 40C-4, F.A.C., including the Applicant's Handbook:
Management and Storage of Surface Waters adopted by
reference in section 40C-4.091, F.A.C.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.415 FS.
LAW IMPLEMENTED: 373.413, 373.415, 373.416, 373.426
FS.
A PUBLIC HEARING WILL BE HELD AT THE TIME,
DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 11:00 a.m., June 8, 1994
PLACE: St. Johns River Water Management District, Highway
100 West, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED REVISIONS IS: Jeff Elledge, Director,
Department of Resource Management, St. Johns River Water
Management District, P.O. Box 1429, Palatka, Florida
32178-1429, (904) 329-4203.
THE FULL TEXT OF THE PROPOSED RULES ARE:
40C-41.043 Application of Chapter.
(1) All projects located within the Upper St. Johns River
Hydrologic Basin, the Oklawaha River Hydrologic Basin, the
Wekiva River Hydrologic Basin, or the Econlockhatchee River
Hydrologic Basin requiring permits pursuant to section
40C-4.041, F.A.C., shall be constructed, operated, maintained,
altered, abandoned and removed in accordance with the
standards and criteria specified in sections 40C-4.301 and
40C-4.302, or 40C-40.302, and 40C-41.063, F.A.C., unless
specifically exempted. The most restrictive criteria will be
applicable unless the applicant provides reasonable assurance
that the purposes and intent of this chapter and chapter 40C-4,
F.A.C., will be fulfilled using alternate criteria.
(2) No change.
Specific Authority 373.044, 373.113, 373.171, 373.415 FS. Law Implemented
373.413. 373.415, 373.416, 373.426 FS. History-New 12-7-83, Amended
5-17-87, 8-30-88, 4-3-91,9-25-91_ .


40C-41.063 Conditions for Issuance of Permits.
(1) and (2) No change.
(3) Within the Wekiva River Hydrologic Basin, the
following standards and criteria are established:
(a) through (c) No change.
(d) Standard for Limiting Drawdown A Water Quantity
Protection Zone shall extend 300 feet landward of the
landward extent of Black Water Swamp and the wetlands
abutting the Wekiva River, Little Wekiva River, Rock Springs
Run, Black Water Creek, Sulphur Run, Seminole Creek, Lake
Norris, and Lake Dorr. As part of providing reasonable
assurance that the standard set forth in Subparagraph
40C-4.301(l)(d) 4C 1.301(2)(a.)6. is met, where any part of a
system located within this zone will cause a drawdown, the
applicant must provide reasonable assurance that construction,
alteration, operation, or maintenance of the system will not
cause ground water table drawdowns which would adversely
affect the functions provided to aquatic and wetland dependent
species (sec Subsection 10.7.4 and 10.7.5, Appliant's
tian haA *


Men-dBOi,.,K: Minagetient afiu e,;e-. ue oitu -, yrm uy iK
referenced wetlands. The applicant shall provide an analysis
which includes a determination of the magnitude and areal
extend of any drawdowns, based on site specific hydrogeologic
data collected by the applicant, as well as a description of the
referenced wetlands, the functions provided by these wetlands,
and the predicted impacts to these functions. It is presumed
that the part of this standard regarding drawdown effects will
be met if the following criteria is met: A ground water table
drawdown must not occur within the Water Quantity Protection
Zone.
(e) No change.
(4) No change.
(5) Within the Econlockhatchee River Hydrologic Basin
the following standards and criteria are established:
(a) Design Storm Criteria. In crder to demonstrate
eenformznmc with tha harm -t the o ca inzu
pragraph 10.2.1(a), Applicant's Handbook: Management and
Staorag of Su.fac. Watfrs, A systems must meet the peak
discharge requirement for the following 24 hour duration
design storm events:
1. and 2. No change.
(b) Floodplain Storage Criteria. In erder to demonstrate
crtfimnp with the harm to the r.esour.e ritr.a ie e.t:n
10.2.1( ), Appliant' cHatndboCk: Management and Storage f
Surfae. Waters., Aa system may not cause a net reduction in
flood storage within the 100 year floodplain of the
Econlockhatchee River or any of its tributaries, at a location
with an upstream drainage area of 1 square mile or greater,
except for structures elevated on pilings or traversing works


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that comply with conveyance requirements in subsection
10.5.2, Applicant's Handbook: Management and Storage of
Surface Waters.
(c) No change.
(d) Riparian Wildlife Habitat Standard
1. through 4. No change.
5. The standard of subparagraph 40C-41.063(5)(d)l., may
be met by demonstrating that the overall merits of the proposed
plan of development, including the preservation, creation or
enhancement of viable wildlife habitat, provide a degree of
resource protection to these types of fish and wildlife which
offsets adverse effects that the system may have on the
abundance, diversity, food sources, or habitat of aquatic or
wetland dependent species provided by the zone. Mitigation
plans will be considered on a case-by-case basis upon detailed
site specific analyses. The goal of this analysis shall be the
determination of the value of the proposed mitigation plan to
aquatic and wetland dependent species with particular attention
to threatened or endangered species. Mitigation plans should
include: the information set forth in subsection 12.3.3 16.1.5,
Applicant's Handbook: Management and Storage of Surface
Waters, for the uplands and wetlands within the zone and
within other areas to be preserved, created or enhanced as
mitigation for impacts within the zone; as well as other
pertinent information, including land use, and the proximity of
the site to publicly owned land dedicated to conservation.
Implementation of this paragraph contemplates that the
proximity of development to the river and tributaries named
herein and activities permitted in the zone may vary from place
to place in support of a functional resource protection plan.
Furthermore, some reasonable use of the land within the
protection zone can be allowed under paragraph
40C-41.063(5)(d).
6. No change.
(6) Within the Sensitive Karst Areas Basin, the following
criteria are established:
(a) No change.
(b) Applicants for a stormwater management permit which
do not propose to meet at least the minimum design features in
paragraph (a) above, may seek approval for the alternative
design through the District's individual permit process.
However, the applicant must provide reasonable assurance that
state the water quality standards of chapter 17 302, F.A.C, an
the requirements of Chapter 17 28.70 are met.
Specific Authority 373.044, 373.113, 373.171, 373.415 FS. Law Implemented
373.413, 373.415, 373.416, 373.426 FS. History-New 12-7-83. Amended
5-17-87, 8-30-88, 8-1-89, 4-3-91, 9-25-91, 7-14-92,_ .


NAME OF PERSON ORIGINATING PROPOSED RULE:
Kathryn Mennella, Sr. Asst. General Counsel, Office of
General Counsel, St. Johns River Water Management District,
P.O. Box 1429, Palatka, FL 32178-1429, (904) 329-4215.
NAME OF SUPERVISOR OR PERSON WHO APPROVED
THE PROPOSED RULE: Governing Board of St. Johns River
Water Management District
DATE PROPOSED RULE APPROVED: April 13, 1994
Anyone requiring a special accommodation to participate in
this meeting is requested to advise the District at least.5 work
days before the meeting by contacting Debbie Hancock at
(904) 329-4262 or (904) 329-4450 (TDD).

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District
RULE CHAPTER TITLE: RULE CHAPTER NO.:
Environmental Resource Permits:
Regulation of Stormwater Management
Systems 40C-42
RULE TITLES: RULE NOS.:
Scope 40C-42.011
Definitions 40C-42.021
Exemptions From Permitting for Stormwater
Management Systems 40C-42.0225
Requirements for Issuance 40C-42.023
Standard General and Individual
Permits 40C-42.024
Design and Performance Criteria for
Wetlands Stormwater Management
Systems 40C-42.0265
Limiting Conditions 40C-42.032
Relationship to Other Permitting
Requirements 40C-42.061
Publications Incorporated by Reference 40C-42.091
Forms and Instructions 40C-42.900
PURPOSE AND EFFECT: The proposed amendments
conform this chapter to simultaneously proposed changes to
chapter 40C-4, F.A.C., the proposed adoption of chapter
40C-400, F.A.C., and the proposed repeal of chapters 40C-6
and 40C-43, F.A.C.
SUMMARY: The proposed change to section 40C-42.021,
F.A.C.,deletes the definition for artificial watercourse. The
proposed change to section 40C-42.0225, F.A.C., removes the
exemption from the permitting requirements of this chapter for
silviculture systems permitted under chapter 40C-43, F.A.C.,
and replaces it with an exemption for all systems permitted
under chapter 40C-400, F.A.C., including silviculture systems
permitted under section 40C-400.500, F.A.C. The proposed
changes to section 40C-42.0265, F.A.C., allow wetlands to be
used for stormwater treatment only if they are isolated
wetlands or would be isolated wetlands but for a hydrologic


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connection to other wetlands or surface waters via another
watercourse excavated through uplands. The proposed changes
to section 40C-42.0265, F.A.C., also delete the requirement
that use of wetlands for stormwater treatment not adversely
affect the wetland by disrupting the normal range of water
level fluctuation and adds a requirement that use of wetlands
for stormwater treatment meet the criteria in section 12.0 of the
Applicant's Handbook: Management and Storage of Surface
Waters, adopted by reference in section 40C-4.091, F.A.C. The
remaining proposed changes to this chapter conform this
chapter to simultaneously proposed changes to chapter 40C-4,
F.A.C., the proposed adoption of chapter 40C-400, F.A.C., and
the proposed repeal of chapter 40C-6, F.A.C.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118,
373.418 FS.
LAW IMPLEMENTED: 373.413, 373.416, 373.426 FS.
A PUBLIC HEARING WILL BE HELD AT THE TIME,
DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 11:00 a.m., June 8, 1994
PLACE: St. Johns River Water Management District, Highway
100 West, Palatka, Florida 32177.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED REVISIONS IS: Jeff Elledge, Director,
Department of Resource Management, St. Johns River Water
Management District, P.O. Box 1429, Palatka, Florida
32178-1429, (904) 329-4203.

THE FULL TEXT OF THE PROPOSED RULE ARE:

40C-42.011 Scope.
(1) This chapter governs stormwater management systems
which are designed and constructed or implemented to control
discharges necessitated by rainfall events. These systems may
incorporate methods to collect, convey, store, absorb, inhibit,
treat, use or reuse water to prevent or reduce flooding,
overdrainage, environmental degradation and pollution, or
otherwise affect the quality and quantity of discharges.
Standard gGeneral and individual environmental resource
stormwater permits are required under this chapter for
construction, operation, maintenance, alteration, removal, or
abandonment of fef systems that are not required to e be
permitted under provisions of chapters 40C-4, or 40C-40, or
40C-400, F.A.C. Permits issued under this chapter rute must be
consistent with the objectives of the District and not cause
harm to the water resource.
(2) A permit under this cGhapter will be required only for
certain stormwater management systems as defined herein.
This provision shall not affect the District's authority to require
appropriate corrective action whenever any system causes or
contributes to violations of state water quality standards.


(3) Stormwater discharges to groundwatcrs shall be
regulated under the provisions of section 17-28.700, F.A.C.,
and other applicable rules of the Department of Environmental
Protection Regulation.
Specific Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented
373.416, 403.812, 403.814 FS. History-New 4-1-86, Amended 9-25-91,


40C-42.021 Definitions.
(1) No change.
(2) "Artificial Watercour


eo" moans a man made water~vav


that was totally dredged or excavated prior to October 1, 1984
ead which connects formerly isolated, ronjurisdictional
wetlands to other waters. The District shag berf the burden to
show that such artificial watercourse was not totally dredged or
excav.ated or that the ctnneete.d wetlands were formerly
juinisdietienal
(3) through (36) renumbered (2) through (35).
Specific Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented
373.413, 373.416 FS. History-New 4-1-86, Amended 9-25-91. 3-21-93,
4-11-94,_

40C-42.0225 Exemptions From Permitting for Stormwater
Management Systems.
The following types of stormwater management systems are
exempt from the notice and permit requirements of this
chapter:
(1) and (2) No change.
(3) Systems that qualify for a noticed general permit
pursuant to chapter 40C-400, F.A.C. and which comply with
the requirements of such noticed general permit.- si4eie'teat'r
lands, provided that the systems arm constructed and operated
in accordance with the provisions of chapter 10. 43, F.A.C.,
end -the- Sil.icultur- Best Management Practies Manual
(1990), ptblished by th Stat. of Flor..ida, Departmnt of
Agriculture .and Consumer Serices, Divisicn of Forestry,
which is adopted and made a part of this rule by rferfence. A
copy of this manual may beo obtained by writing th
Department of Agriculture, Division of Forestry, 3125 Conner
B ulevard, Tallahasse, Florida and may be inspected at all
Department of Environmental Regulation or District offices.
Specific Authority 373.044, 373.113. 373.171, 373.413 FS. Law Implemented
373.413, 373.416, 403.812 FS. History-New 9-25-91, Amended 3-21-93,

40C-42.023 Requirements for Issuance.
(1) To receive a general or individual permit under this
chapter the applicant must provide reasonable assurance based
on plans, test results and other information, that the stormwater
management system:


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(a) will not result in discharges from the system to surface
and ground water of the state that cause or contribute to
violations of state water quality standards as set forth in
chapters 17-3. 17-4, 17-302 and 17-550, F.A.C., including any
antidegradation provisions of sections 17-4.242(1)(a) and (b),
17-4.242(2) and (3), and 17-302.300, F.A.C., and any special
standards for Outstanding Florida Waters and Outstanding
National Resource Waters set forth in sections 17-4.242(2) and
(3), F.A.C.;
(b) through (d) No change.
(2) No change.
Specific Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented
373.413, 373.416 FS. History-New 9-25-91, Amended 3-21-93, _

40C-42.024 Standard General and Individual Permits.
(1) Any person proposing to construct, alter, operate,
maintain, remove, or abandon a stormwater management
system, which requires a permit pursuant to sections
40C-42.022, F.A.C., except those exempted pursuant to section
40C-42.0225, F.A.C., or noted in section 40C-42.061, F.A.C,
shall apply to the District for a standard general or individual
environmental resource stormwater permit, prior to the
commencement of construction, alteration, removal, operation,
maintenance, or abandonment of the stormwater management
system. No construction, alteration, removal, operation,
maintenance, or abandonment of a stormwatermanagement
system shall be undertaken without a valid standard general or
individual environmental resource stormwater permit as
required pursuant to this section.
(2) The following types of stormwater management
systems qualify for a standard general environmental resource
stormwater permit and shall be processed according to the
administrative procedures set forth in chapter 40C-40, F.A.C.:
(a) through (c) No change.
(d) Paving of existing public dirt roads by a public entity if
all of the following conditions are met:
1. through 5. No change.
6. The project does not involve dredging or filling in
wetlands or other surface waters, other than in ditches that
were excavated through uplands require a wetland resource
(dredge and fill) permit pursuant to chapter 17 312, F.A.C.;
7. and 8. No change.
(3) through (4) No change.
(5) The standard general or individual environmental
resource stormwater permit which is granted will include a
specified period for which the permit will be valid. Such
period, unless the permit is modified or revoked, is generally:
(a) and (b) No change.


(6) Procedures governing transfers, permit revocation,
permit modifications, and extensions are found in chapters
40C-1 and 40C-4, F.A.C., and apply to permits obtained
pursuant to this chapter. Procedures governing converting
construction to operation permits and transferring the system to
the operation and maintenance entity are found in section
40C-42.027. F.A.C.. below.
Specific Authority 373.044, 373.113, 373.118, 373.171, 373.418 FS. Law
Implemented 373.413, 373.416, 403.813 FS. History-New 9-25-91,
Amended 3-21-93, 4-11-94,

40C-42.0265 Design and Performance Criteria for
Wetlands Stormwater Management Systems.
(1) No change.
(2) The only wetlands to be used for stormwater treatment
are those:
(a) Which are connp.ctd to other waters by artificial
watereeurses;
(b) Which are connected to other waters solely by an
intermittent watercourse; or
()(e) Which are isolated wetlands: and
(b) Which would be isolated wetlands, but for a
hydrologic connection to other wetlands or surface waters via
another watercourse that was excavated through uplands.
(3) and (4) No change.
(5) A showing by the applicant that the wetlands
stormwater management system design complies with the
performance criteria listed below shall create a presumption in
favor of the issuance of the permit:
(a) through (c) No change.
(d) The utilization of wetlands for stormwater treatment
shall not adversely affect the wetland by disrupting the normal
range of water level fluctuation of the wetland as it existed
prir to construction of the wetlands stormwater management
system. Normal range of water leyel fluctuation will be defined
as the maintenance f the fluctuating water surface changes
between the normal low water and the normal high water of the
wet..lad system so as to parent tho p desiccation or over
impounidmnt of the wetland. The applicant may use water
level data, lines on the trees, adventitious roots or other
hydroelgical and biological indicators to determine the normal
low and normal high water levels. Upland detention may be
necessary to attenuate peak flows and mfeet the water levyl
fluctuations specified above. When the normal range el water
Ieyel fluctuations has been artificially altered, an acceptable
range ef water level fluctuation may be established based on
historical information as t the pre,,,vious size and nature of the
.wetlands, if available. If such information is not available, th


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Flrd diitaie ekyVlm 0 ume 8 a ,19


renge of water level fluctuation hall be dzrivod from sound
:sc:itific principles or f -. a11alys.i of ether natural wet la
systems in the vicinity.
(d(e)-The wetlands stormwater management system must
provide treatment for the runoff as specified in paragraph
40C-42.0265(5)(b) or (c), F.A.C., within the wetlands. WheFe


the wedmidsJ ntermwater meanagzmznet system aione eafl.
pro'ide treatment fr the runoff 'olumo espeeified ift (b) Cr )
aboe:v.e.itlir. the water loal ranges speified in (d) abzec,
ether- best management pfaetiees of the storrawato


ma.nagemrent system hall not aderrely affect the ability of th
wetland& ntormwator managmrtnynteyfm from moAoting th
.. ...mnt of th.. sectn. The design features of the system
shall maximize residence time of the stormwater within the
wetland. The outfall structure shall be designed to bleed down
one-half the volume specified in paragraph 40C-42.0265(5)(b)
or (c) within the first 60 to 72 hours.
(e)( -Stormwater shall be discharged into the wetlands
utilized so as to minimize the channelized flow of stormwater
by employing methods including, but not limited to, sprinklers,
overland flow or spreader swales.
(fl(g) The use of wetlands for stormwater treatment must
meet the criteria in section 12.0. Environmental
Considerations, of the Applicant's Handbook: Management
and Storage of Surface Waters, adopted by reference in section
40C-4.091, F.A.C. i; compatible with the fu" n tins being
provided by the wetland.
(6) No change.
Specific Authority 373.044, 373.113, 373.177, 373.418 FS. Law Implemented
373.413, 373.416 FS. History--New 9-25-91, Amended 3-21-93_ .

40C-42.032 Limiting Conditions.
(1) No change.
(2)(a) In addition to project-specific special conditions,the
following standard limiting conditions shall be attached to all
permits issued pursuant to this Chapter unless waived by the
Board upon a determination that the conditions are
inapplicable for the work authorized by a given permit:
1. through 3. No change.
4. The permitted must require the cntractCr to r -vie- and
to maintain a copy of this permit complete with all conditions,
attachments, exhibits, and permit modifications, in good
condition at the construction site. The complete permit must be
available for review upon request by District representatives.
The permitted shall require the contractor to review the
complete permit prior to commencement of the activity
authorized by this permit.
5. All activities constructin, opratien nd maintenance
shall be implemented as set forth in the plans, specifications
and performance criteria as approved by this permit. Any


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deviation from the permitted activity and the conditions for
undertaking that activity shall be considered a violation of this
permit.
6. No change.
7. Prior to and during construction, the permitted shall
implement and maintain all erosion and sediment control
measures (best management practices) required to retain
sediment on-site and to prevent violations of state water quality
standards. All practices must be in accordance with the
guidelines and specifications in section 6 of the Florida Land
Development Manual: A Guide to Sound Land and Water
Management (Florida Department of Environmental
Regulation 1988) unless a project specific erosion and
sediment control plan is approved as part of the permit, in
which case the practices must be in accordance with the plan.
If site specific conditions require additional measures during
any phase of construction or operation to prevent erosion or
control sediment, beyond those specified, in the erosion and
sediment control plan, the permitted shall implement additional
best management practices as necessary, in accordance with
the specifications in section 6 of the Florida Land
Development Manual: A Guide to Sound Land and Water
Management (Florida Department of Environmental
Regulation 1988). The permitted shall correct any erosion or
shoaling that causes adverse impacts to the water resources.
During any c.nstruetion of the permitted sy^stm including
tabilization aind r mevgztation of disturbed iurfaoe, permittoi
is responsible for the seletiorn, implemenntation, and peration

edimorient en site and preheat olatins etf the water quality
standards in chapters 17 302 and 17 550, F.A.C. The pemiattee
sevenur (7 days after the construcat Bast Mnagemevity in that poraction of
described in the Florida Land Development Manual: A Guide




te site a te orariln or a ter Maneagm nt (D paTertnt
Enviroamental Regulatin, 1988).
8. and 9. No change.
10. Stabilization measures shall be initiated for erosion
and sediment control on disturbed areas as soon as practicable
in portions of the site where construction activities have
temporarily or permanently ceased, but in ne' case more than
seven (7) days after the construction activity in that portion of
the site has temporarily or permanently ceased. The p.....tee-
must construct and maintain a parmanant protct'o
(vegetative or suitable alternative) for erosion and sediment
control en- a-llead surfaces-eposed er disturbed-by
construction of the permitted project. Unless modified by
special permit conditions or otherwise specified on permittd
erosion or sediment control plan, the protective cover must be
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Florida Administrative Weekly Volume 20, Number 18, May 6, 1994


affected land surface. A permanent -.gtative cover m-ust be
established within 60 days of its installation. The peittee's
requirement to maintain cover on off site surfaces shall not be
complete until after the District receives the permitted's as built
certification-.
11. Should any other regulatory agency require changes to
the permitted system, the District shall be notified of the
changes prior to implementation so that a determination can be
made whether a permit modification is required. The-permittee
must notify the District of all revisions or modifications to the
permitted plans required by any other governmental body or
regulatory agency.
12. Within thirty (30) days after sale or conveyance of the
permitted stormwater management system or the real property
land on which the system is located, the owner in whose name
the permit was granted shall notify the District of such change
of ownership. Transfer of this permit shall be in accordance
with the provisions of chapter 373, Florida Statutes, and
chapter 40C-1, Florida Administrative Code. All terms and
conditions of this permit shall be binding upon the transferee.
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.
13. The stormwater management system must be
completed in accordance with the permitted plans and permit
conditions prior to the initiation of the permitted use of site
infrastructure. The system must be complete in accordance
with the permitted plans and permit conditions prior to transfer
of responsibility for operation and maintenance of the
stormwater management system to a local government or other
responsible entity ..~t.in of the st.ormwater management
system must be eomplet and all disturbed eas stabilizedin
aeeerdance with permitted plans and conditions prior to any of


te soauwfg: issanee ef te fif eet-tiiiKuie er eeeupuiu-.,
initiation of intended use of the infrasrcture; or transfer of
responsibility for maintenance of the system to a local
government or other responsible entity.
14. The operation phase of the permit shall not become
effective until the requirements of condition No. 8 or 9 have
been met, the District determines that the system complies with
the permitted plans, and the entity approved by the District
accepts responsibility for operation and maintenance of the
system. The permit cannot be transferred to the responsible
operation and maintenance entity approved by the District until
construction of the completed stormwater management system
is approved b the Disrtrt and the requirements of section
40C-42.028, F.A.C., are met, and 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.
15. No change.
16. This permit does not eliminate the necessity to obtain
any required federal, state, local and special district
authorizations prior to the start of any activity approved by this
permit. 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 40C-42, F.A.C.
17. The permitted shall hold and save the District harmless
from any and all damages, claims, br liabilities which may
arise by reason of the activities authorized by the permit or any
use of the permitted system.
18. The permitted shall immediately notify the District in
writing of any previously submitted information that is later
discovered to be inaccurate.
19. Activities approved by this permit shall be conducted
in a manner which do not cause violations of state water
quality standards.
(b) No change.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.409,
373.413, 373.416, 373.419. 373.423. 373.426 FS. History-New 3-21-93,
Amended

40C-42.061 Relationship to Other Permitting
Requirements.
(1) Whenever the construction, alteration, removal,
operation, maintenance, or abandonment of a stormwater
management system requires that an environmental resource
management and storage of surface water permit er wefkseof
the district permit be secured pursuant to Chapters 40C-4; or
40C-40 or-4G -6, F.A.C., the requirements in this chapter shall
be reviewed as part of those permit applications. A separate
permit application under this chapter shall not be required.
However, the applicant must provide the required technical
information as part of those applications to demonstrate
compliance with this chapter. If the applicant requests a
separate environmental resource stormwater permit, the
applicant must notify the District of any other District permits,
exemptions, or certifications which have or will be requested
for the project.


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(2) When a permit is required pursuant to this chapter and
an individual environmental resource permit is required
pursuant to chapter 40C-4 for the same system, the time frames
of chapter 40C-4 shall apply to issuance of a permit under
section 40C-42.024(2), F.A.C.
(3) .hen a stermwa2atr mEanagement system located within
the District is associated with activities which require -an
industrial waste, domestic w ast, solid waste, or hazardousl
waste -prmitfrom the Departmf nt ef Enviroemental
gulatio, (Department), stowat r permt application s
must be submitted to the Department and the Departmont will
regulate such stormwator management systems, pudsant to the
Wetland Rcsours e Maagement Pcm4itting Delegation

Agre)m cnt, effective 10 88, oas adopted in sf ctio
17.101.04,0(12)c). -.A.C., -betw.en Floida Departme nt o
Environmental Regulation and St. Johns Riur er Wate
Management District.

(c) Wrnenev er the DEo pestion, alteration, aremoal,
ration, maintenrancie, or abandnmort f a storchmwatcr
management systmnt -equires that a wetland resouru
management (drede ad fill) pCerit be scuraed pursuant to
chapter 17 312, F.A.C., the r 1 r, m.,ts this chapter shal
be fewiewed by the District as part of those permit applicatieas.
A separate permit appliation DERt afrt err shall net bet
ruird. Htoe A. er the applicant must pry ided the required
technrcal information as pEr of the wetland resource prm t
application to demonstrate compliance with this chapter f-the
applicant requests a separate stormwatcr permit, the applicant
must notify the District of anyothr District permits,
xmptions, or crtificati -wvhtich have been or will ho
requested for the project.
(L}(5) This rule applies to any stormwater discharge
facility listed in (a) and (b) below, unless such facility is
modified pursuant to section 40C-42.024, F.A.C.:
(a) No change.
(b) Which was permitted, modified, or found to be
exempt, under Chapter 17-25, F.A.C., by the Department of
Environmental Regulation (DER) after February 1, 1982, but
prior to April 1, 1986, provided the facility was constructed in
accordance with the DER permit or exemption, and is
functioning in accordance with the requirements of chapter
17-25, F.A.C.
(c) No change.
(6) through (10) renumbered (4) through (8).
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.413,
373.416, 380.06(9) FS. History-New 4-1-86, Amended 9-25-91. 3-21-93,
4-11-94,


40C-42.091 Publications Incorporated by Reference.
(1) The Governing Board adopts by reference Part I
"Policy and Procedures", Part II, "Criteria for Evaluation", and
Part III "Operation and Maintenance", of the document entitled
"Applicant's Handbook: Regulation of Stormwater
Management Systems, Chapter 40C-42, F.A.C.", effective
441-94.
(2) and (3) No change.
Specific Authority 120.54(8), 373.044, 373.113, 373.171, 373.418 FS. Law
Implemented 373.413, 373.416, 373.426 FS. History-New 4-11-94,
Amended

40C-42.900 Forms and Instructions.
The following forms and instructions incorporated by
reference have been approved by the Governing Board and are
available upon request from:
Department of Resource Mpnagement
St. Johns River Water Management District
P.O. Box 1429
Palatka, Florida 32178-1429
(1) Environmental Resovrce Management and S-orage o
,Sur.fa Waters (MS SW) Permit Application, form number
40C-1.181(2) adopted February 27, 1994.
(2) through (5) No change.
Specific Authority 120.52(1), 373.044, 373.113. 373.118 FS. Law
Implemented 120.52(16), 120.53(1), 373.085. 373.118, 373.103, 373.106,
373.229, 373.413 FS. History-New 5-30-90, Amended 9-25-91, 3-21-93,
2-27-94

APPLICANT'S HANDBOOK SECTION
PART I
POLICY AND PROCEDURES
1.0 Introduction
Chapter 40C-42, F.A.C., entitled "Environmental
Resource Permits": (Regulation of Stormwater
Management Systems3governs stormwater
management systems which are designed and
constructed or implemented to control discharges
necessitated by rainfall events. These systems may
incorporate methods to collect, convey, store,
absorb, inhibit, treat, use or reuse water to prevent
or reduce flooding, overdrainage, environmental
degradation and pollution, or otherwise affect the
quality and quantity of discharges. Standard
gGeneral and individual environmental resource
stormwater permits are required under this chapter
for construction, operation, maintenance,
alteration, removal, or abandonment for systems
that are not required t-- be permitted under
provisions of chapters 40C-4 or 40C-40 or


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40C-400, F.A.C. Permits issued under this rule
must be consistent with the objectives of the
District and not cause harm to the water resource.
1.1 Policy
The District's policy is to assist those affected by
the rRegulation of sStormwater mManagement
sSystems rule (chapter 40C-42, F.A.C.) to
understand the environmental resource stormwater
permitting program and complete the required
applications. The final determination of
appropriate procedures to be followed will be
made by reference to chapters 120 and 373, F.S.,
and chapters 40C-1, 40C-4, 40C-40, 40C-41, and
40C-42, and-40C-43, F.A.C.
1.2 Purpose of Handbook
The purpose of this handbook is to provide
applicants, potential applicants, and other
interested persons, with information and guidance
regarding the environmental resource stormwater
Regulation of Stormwater Management Systems
permitting program. Both the Rule and the
application process are explained in a more "user
friendly" format.
1.3 Organization of Handbook
This handbook is divided into five parts which
provide information regarding the following:
Policy and procedures (Part I)
Criteria used in permit evaluation (Part II)
Requirements for operation and maintenance of
stormwater management systems (Part III)
Criteria for alternative stormwater treatment
systems (Part IV)
Methodologies which are useful in designing
systems to meet the specified criteria (Part V)
Parts I, II, and III are incorporated by reference
into chapter 40C-42, F.A.C. Supplemental material
such as relevant rules and application forms can be
found in the appendices of this handbook.
If an applicant or potential applicant has any
questions about these procedures or wishes to have
District staff assistance in interpreting them or in
completing an application, he or she is encouraged
to contact the SJRWMD's Department of Resource
Management at the appropriate location given
below:
Orlando Field Office Melbourne Field Office
618 East South Street 305 East Drive
Orlando, FL 32801 Melbourne, FL 32904


(407) 897-4300
for projects located in
Lake, Orange, Polk,
Seminole and Volusia Co.



District Headquarters
P.O. Box 1429
Palatka, Florida 32178-1429
(904) 329-4500


for projects located in
Alachua, Flagler, Marion
and Putnam Co.

Unless otherwise


(407) 984-4940
for projects located in
Brevard, Indian River,
Okeechobee and Osceola
Co.

Jacksonville Field Office
7775 Baymeadows Way,
Suite 102
Jacksonville, FL 32256
(904) 730-6270
for projects located in
Baker, Bradford, Clay,
Duval, Nassau, and St.
Johns Co.
specified, the term "District" in


this handbook refers to the St. Johns River Water
Management District. Florida Statutes are
abbreviated as "F.S." Rules under the Florida
Administrative Code are abbreviated as "F.A.C."
The term "ERP MSSW" in this handbook refers to
the District's Environmental Resource Permit
Management and Storage ef Surface Water
permitting program.
1.4 Applicable Statutes and Rules
The environmental resource stormwater
Regulation of Stormwater Management Systems
permit application process is governed by chapters
120, 373 and 403, F.S., and chapters 17-1, 17-3,
-1-25 17-40, 17-302, 40C-1, 40C-4, 40C-40,
40C-41, and 40C-42, F.A.C. A copy of chapter
40C-42 is included in Appendix A of this
handbook.
1.5 Summary of District Surface Water Management
System Rules
The District has implemented several different
rules that regulate surface water management
systems:
Chapter 40C-4, F.A.C. (Environmental Resource
Permits: Surface Water Management Systems
Management and Storage of Surface Waters)
SChapter 40C 6, F.A.C. ('Works of the Diftriet)
Chapter 40C-40, F.A.C. (Standard General
Environmental Resource Management and Storage
of Surface Waters Permits)
Chapter 40C-41, F.A.C. (Environmental
Resource Permits: Surface Water Management
Basin Criteria)


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Chapter 40C-42, F.A.C. (Environmental
Resource Permits: Regulation of Stormwater
Management Systems)
Chapter 40C 43, F.A.C. (Gener.al Silvicultural
Surfcee Watcr Management Permnits aftr- Netice)
Chapter 40C-44, F.A.C. (Environmental
Resource Permits: Regulation of Agricultural
Surface Water Management Systems)
Chapter 40C-400, F.A.C. (Noticed General
Environmental Resource Permits)
1.5.1 Chapter 40C-4, F.A.C.
Chapter 40C-4, F.A.C., provides for the regulation
of surface water management systems which are
above the thresholds explained in section 3.3 of the
Management and Storage of Surfae a'.ters
Applicant's Handbook: Management and Storage
of Surface Waters. Surface water management
systems include both stormwater management
systems and other surface water works. The rule
establishes procedures which are to be followed in
obtaining a permit and it lists the criteria which
must be met in order to obtain a permit. Individual
and conceptual approval environmental resource
permits are issued pursuant to chapter 40C-4.
F.A.C. Tho-; types of pe rmits a. r known a
MSSW indii:.:dul p^rmi:t. For more information,
refer to the MSSW Applicant's Handbook;
Management and Storage of Surface Waters.
4-.-. Chapter 40C 6, F.A.C.
Chapter 40C4 6, F.A.C., establishes criteria which
mu. t be met for systems wit hin specified areas c
spacial concerned. These aeas aore called "Works o
the Dist~nt." A permt is required to connect to,
remove- worka from, alter, plae- construction.
within or across, or otherwise make use of a WArk
of the DWtrist, or t drpmo any faeoility or
otherwise terinrate such acti.ity. The "Works eC
th District" amr lisntd in section 410a 6.091, F.A.C.
1.5.2 4-53 Chapter 40C-40, F.A.C.
Chapter 40C-40, F.A.C., provides for a shortened
permitting procedure for surface water
management systems profjets which are relatively
small-scale (see section 3.3 of the MSS-W
Applicant's Handbook: Management and Storage
of Surface Waters for a description of thresholds)
and which meet the criteria established in chapter
40C-4, F.A.C. These types of permits are known as
MSSW standard general environmental resource
permits. Systems which ae required te be


1.5.3 1-64


























4-.&A


permitted and which do not qualify for a general
permit must be permitted under the proisins
chaptr G100 1, F.A.C.
Chapter 40C-41, F.A.C.
Chapter 40C-41, F.A.C., establishes criteria which
must be met for systems within specified
geographic areas of special concern. These criteria
are in addition to the ones established in chapters
40C-4, 4OC-40 and 40C-42, F.A.C., and are
applicable to beth individual, and-standard general,
and conceptual approval environmental resource
permits MSSW and environmental resource
stormwater permits.
Chapter 40C-42, F.A.C.
Chapter 40C-42, F.A.C., provides for the
regulation of stormwater management systems
associated with projects which are above the
thresholds explained in section 3.3 of this
handbook. It establishes procedures which are to
be followed in obtaining a permit and contains the
criteria which must be met in order to obtain a
permit. These types of permits are known as either
individual or standard general environmental
resource stormwater permits.
Chapter- 10C 43, F-A.C.



silvi cultural systems which are relatively .mall
scale (sec section 3.3 of the MSSW Applieant's
Handbook for a description of thresholds) and
which meet the c.t.ria established in chapt r

"general permits after nAtice". Systems which are
r..quired to be permitted but which do anot qualify
for a general permit by notice as desribed in
chapter 40IC 43, .A.C., must be permitted undet
either chapter 0 .. 0C .10, or C F.A.C.


whiheker- is applicable.
1.5.5 1- Chapter 40C-44, F.A.C.
Chapter 40C-44, F.A.C., provides for the
regulation of certain surface water management
systems for agricultural operations (both new and
existing) that exceed the thresholds listed in
section 3.2 of the Agricultural Surface Water
Managemnt- Systems Applicant's Handbook:
Agricultural Surface Water Management Systems.
It establishes procedures which are to be followed
in obtaining a permit, and it lists the criteria which
must be met in order to obtain a permit. For more


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information, refer to the Agricultural Surfaee-
Water, anagemen.t Systems Applicant's Handbook:
Agricultural Surface Water Management Systems.
1.5.6 Chapter 40C-400, F.A.C.
Chapter 40C-400, F.A.C., provides for noticed
general environmental resource permits
authorizing the construction, alteration, operation,
maintenance, removal or abandonment of certain
specified surface water management systems. It
establishes procedures which are to be followed in
providing notice to the District, and lists the
criteria which must be met to qualify for a noticed
general environmental resource permit. A system
which complies with all requirements for a noticed
general permit, is not required to obtain a permit
under chapters 40C-4, 40C-40. or 40C-44, F.A.C.
For more information, refer to Chapter 40C-400,
F.A.C.
1.6 Relationship to Other Permits
As summarized above, the District has
implemented regulations for five seven permit
types that regulate stormwater or surface waters.
The specific Florida Administrative Codes sections
are the appropriate place to find the permitting
thresholds.
1.6.1 Environmental Resource MSSW and Werks
ef-the Distriet Permits
When the construction, alteration, removal,
operation, maintenance, or abandonment of a
stormwater management system requires that an
environmental resource MSSW or work of the
distriet permit be obtained pursuant to chapters
40C-4, or 40C-40, er-40GC-6 F.A.C., the system
must comply with the standards of chapter 40C-42,
F.A.C., in -rder to meet the District's water
quantity and quality criteria in chapter 40C-4,
F.A.C. the MSAW rule (subsecti-ns AOC 1.301(1)
and-(2), -F-AC). Therefore, the requirements of
chapter 40C-42, F.A.C., shall be reviewed as part
of those permit applications. A separate permit
application under the regulation of stormwater
management systems is not required. However, the
applicant must provide the technical information
required on the environmental resource stormwater
permit application form as part of those
applications to demonstrate compliance with
chapter 40C-42, F.A.C. If the applicant requests a
separate environmental resource stormwater
permit, the applicant must notify the District of any


1.6.2


other District permits, exemptions, or certifications
which either have been or will be requested for the
project.
When a standard general environmental resource
stormwater permit is required pursuant to chapter
40C-42, F.A.C., and an individual environmental
resource permit is required pursuant to chapter
40C-4, F.A.C., for the same system, the time
frames of chapter 40C-4, F.A.C., shall apply to the
issuance of the standard general environmental
resource stormwater permit.
Wetland Resource Permits


Whenever the construction, alteration, removal,
operation, maintenance, or abandonment of a
stormwater management system requires that a
wetland resource management (dredge and fill)
pemit be secured pursuant to chapter 17 312,
F.A.C., the uirements. of chapter- 4OC 12,
F.A.C., will be reviewed as part of those permit
applications. A separate permit application under
chapter 40C 42, F.A.C., is not required. However,
the applicant must provide the required technical
information as part of the wetland resource
application te demonstrate compliance with
chapter 40G 42, F.A.C. If thc applicant requests -
separate stormwatr permit, the applicant must
notify the District of any other District permit,
exemptions, or certifications which have or will be


requested for the project.
2.0 Definitions
The following definitions are used by the District
to clarify its intent in implementing the Regulation
of Stormwater Management Systems rule.
(1) No change.
(3) "ro ificial Wnatered () tro (ans N man made
() waterway that wasn totally dredged or excavatem









means ,. ._t ^r a stormwater
management system, ,dans, impoundments
reservoirs, appurtenant works, or wetlands to
other waters. The Distriet shall bear the burden to
show that such artificial watercourse was not
totally dredged or excavated or that the connected
wetlands were formerly jurisdictional.
(3) through (30) renumbered (2) through (29) No change.
(30)(3+) Surface Water Management System" or "System"
means any combination of a stormwater
management system, dams, impoundments,
reservoirs, appurtenant works, or works, or any
combinations thereof fhat-providesdrainage,
.water torare. conveanc, orthcr surface wate


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management capabi.liti: The terms "surface
water management system" or "system" include
dredged or filled areas.
(32) through (39) renumbered (31) through (38) No change.
3.0 Activities Requiring a Permit
3.1 Date of Implementation
Chapter 40C-42, F.A.C., became effective on April
1, 1986. Revisions occurred on October 1, 1987,
May 30, 1990, August 11, 1991, September 25,
1991, March 21, 1993, mad April 11, 1994,
and
3.2 Permits Required
Any person proposing to construct, alter, operate,
maintain, remove, or abandon a stormwater
management system, which requires a permit
pursuant to section 3.3, except those exempted
pursuant to section 3.4, or noted in section 1.6,
shall apply to the District for a standard general or
individual environmental resource stormwater
permit, prior to the commencement of
construction, alteration, removal, operation,
maintenance, or abandonment of the stormwater
management system. The permit required
"thresholds" are listed in section 3.3 of this
handbook. Activities below these thresholds are
considered to have a minor impact on water
resources and are not regulated. Please be aware
that no construction, alteration, removal, operation,
maintenance, or abandonment of a stormwater
management system shall be undertaken without a
valid standard general or individual environmental
resource stormwater permit unless it is below the
thresholds listed or exempt.
Although certain activities may exceed a threshold,
the District may elect to "exempt" them in the rule
from a requirement to obtain a permit, usually
because the activity is regulated by another agency
or permit process (see section 3.4).
A "standard general environmental resource
stormwater permit" is available for stormwater
management systems which follow specific
requirements as outlined in section 5. A standard
general environmental resource stormwater permit
is approved at the staff level and does not require
action by the District's Governing Board.
An "individual environmental resource stormwater
permit" requires action by the District's Governing
Board. Stormwater management systems which
are required to obtain a permit and do not qualify


for a standard general environmental resource
stormwater permit are required to obtain an
individual environmental resource stormwater
permit. Please refer to section 6 for a discussion of
individual permit processing procedures.
The Board will not issue separate permits for parts
of a system, except for a system which is to be
constructed in phases.
3.3 Permit Thresholds
3.3.1 New Stormwater Management Systems
A standard general or individual environmental
resource stormwater permit is required under this
chapter for construction (including operation and
maintenance) of a stormwater management system
which serves a project that exceeds any of the
following thresholds:
(a) through (c) No change.
3.3.2 Existing Stormwater Management Systems
A permit is required under this chapter for
alteration, removal, reconstruction, or
abandonment of existing stormwater management
systems which serve a project which may be
expected to result in any of the following:
(a) through (g) No change.
3.3.3 Cumulative Activity
These thresholds include all cumulative activity
which occurs on or after September 25, 1991.
3.3.4 No change.
3.4 Exemptions
The following types of stormwater management
systems are exempt from the neoiee- and permit
requirements of chapter 40C-42, F.A.C.:
(a) and (b) No change.
(c) Systems that qualify for a noticed general permit
pursuant to chapter 40C-400, F.A.C., and which
comply with the requirements of such noticed
general permit ailvicult:ul lands, prov..ided that the
systems ar-co nstructed and operated-i
accrdancz with the provisions rf chapter 40C '13,
F.A.C., and the Silviculturce Bet Management
Practies Ma.nual (1990), published by the State ef
lorida. Department of Agricultural and Consumer
Setrices, Division of Foretry.
3.5 Subthreshold Applications and Permits
Applications received by the District prior to the
rule revisions effective April 11, 1994, and which
do not require a permit pursuant to section 3.3,
above, may be withdrawn by the applicant.


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Permits issued by the District for stormwater
management systems which no longer require a
permit pursuant to section 3.3, above, may be
abandoned or the permit relinquished by the
permitted subject to the following:
(a) through (d) No change.
4.0 Application Preparation
4.1 No change.
4.2 Application Form
The application form for an environmental
resource stormwater Stcrmwate. Management
System permit has been adopted by rule (see
section 40C-42.900, F.A.C.). A copy of the
application form is included in Appendix B of this
handbook. This form must be used when making
application for an individual or standard general
environmental resource stormwater permit for
construction, reconstruction, operation,
maintenance, alteration, removal, or abandonment
of new or existing stormwater systems.
4.3 Permit Processing Fee
A non-refundable permit processing fee as
specified by section 40C-1.603, F.A.C., is required
for the processing of each application for
individual or standard general environmental
resource stormwater permits or for a permit
modification, and must be submitted concurrently
with the filing of an application. An application
submitted without the fee will not be considered
complete. The current permit processing fees are:
Projects greater than one acre $300.
Projects one acre or less $150.
4.4 No change.
4.5 Application Processing Procedures
The previous sections describe preparation of
permit applications that are required under the
rRegulation of sStormwater mManagement
sSystems. Sections 5 and 6 contain a detailed
discussion on the application processing
procedures for standard general and individual
environmental resource stormwater permits,
respectively. An overview on how the two types of
permits are processed by the District is provided in
Appendix G.
5.0 Procedures for Processing Standard General
Permits
5.1 Standard General Permit Criteria


District standard general environmental resource
stormwater permits differ from individual permits
in that they are granted by rule rather than upon
Board approval, to all systems which meet
standard general permit design and performance
criteria.
To receive a standard general permit, the system
must:
(a) and (b) No change.
The person who seeks te exercise right under the
provisions f ef a standard general permit must
submit a complete standard general environmental
resource stormwater permit application to the
District at least 30 days prior to undertaking the
activity and must receive District authorization
prior to proceeding.
5.2 Standard General Permit Categories
The following types of stormwater management
systems qualify for a standard general
environmental resource stormwater permit and will
be processed according to the administrative
procedures set forth in chapter 40C-40, F.A.C.:
(a) through (c) No change.
(d) Paving of existing public dirt roads by a public
entity if all of the following conditions are met:
1. through 5. No change.
6. The project does not involve dredging or filling in
wetlands or other surface waters, other than ditches
that were excavated through uplands reque:r-
Wetland Resoure (Dredge anrd Fill) permit
pursuant to chapter 17 312, F.A.C.
7. and 8. No change.
5.3 Upgrade to Individual Permit
If, upon District staff review of a standard general
environmental resource stormwater permit
application, one of the following factors is present,
an individual permit will be required:
(a) The system does not qualify for one of the standard
general permit categories listed in section 5.2.
(b) District staff has a reasonable doubt that District
standard general permit criteria for evaluation are
met.
(c) No change.
Upon determination that one of the factors listed
above is present, District staff will notify the
applicant that the application has been upgraded to


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an individual environmental resource stormwater
permit and that the provisions of section 6 will be
followed.
5.4 No change.
5.5 Initial Receipt
When the general-permit application for a standard
general permit is completed and signed, it must be
delivered to one of the District offices listed in
section 1.3. In order to be processed in a timely
manner, the application for a standard general
permit applieatieo must include all supporting
documentation and the appropriate permit
processing fee.
District staff will then conduct a review of the
standard general permit application to determine
that all necessary information is included. If the
application does not contain all of the required
information or fee, the necessary additional
information or fee will be requested from the
permitted within 30 days of receipt of the
application by the District. The application is then
reviewed and evaluated using the criteria discussed
in Parts II and III of this handbook.
5.6 Request for Additional Information
5.6.1 The first step of this review process is to determine
if all the technical data needed for a complete
review of the application has been provided. In
those cases where the information contained in the
submitted application for a standard general permit
.notice f intent is not complete, the- District staff
will request that the additional information be
supplied, and will inform the applicant as to the
reason that such information is required. Such
requests for additional information will be
accompanied by citation to a specific rule as
required by section 373.417, F.S.
5.6.2 If the application for a standard general permit is
determined to be incomplete, the District will
request the necessary additional technical
information within 30 days after the receipt of the
application. The District will take action on the
application within 30 days after the requested
information has been received.
5.6.3 If an applicant requires more than 90 60 days in
which to respond to the request for additional
information that will complete an application, the
applicant may notify the District in writing of the


5.6.
5.7
5.7.





5.7.







5.7.


5.7.


5.7.


5.7.
6.0
6.1


circumstances and for good cause shown, the
application shall be held in active status for one
additional period of up to 90 60 days.
4 No change.
Staff Evaluation
1 Once the standard general permit application is
complete, the staff will begin technical review of
the application. Criteria used in the evaluation are
defined and discussed in Parts II and III of this
handbook.
2 When the technical staff has completed its review,
the standard general permit application and staff
evaluation are reviewed by the Lead Engineer of
the appropriate District office to determine that the
evaluation is consistent with the criteria listed in
Parts II and III.
3 The final staff evaluation' will include a
determination that the described system either
meets the criteria for obtaining a standard general
permit or that it apparently does not. If a standard
general permit application apparently does not
meet those criteria, then the application will be
upgraded and processed as an application for an
individual permit. The applicant will be so
notified, and provided with a written explanation
of the need for an individual permit.
4 All reviews of standard general permit applications
will be completed and the applicant notified of the
determination within 30 days after receipt of the
complete application and including timely
requested additional information.
5 For those systems which meet the criteria, an
authorization to begin construction or to continue
maintenance and operation will be provided. For
those systems which do not apparently meet the
criteria for a standard general permit, notification
that the system will require an individual permit
will be provided.
6 and 5.7.7 No change.
Procedure for Processing Individual Permits
Individual Permit Categories
The following types of stormwater management
systems will be processed as an individual permit
according to the administrative procedures set
forth in chapter 40C-4, F.A.C.
(a) No change.
(b) Systems which are proposed to satisfy the
requirements for permit issuance (given in
subsection 8.3), by employing an alternative


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treatment methodology (including those systems
described in sections 20-23 of this handbook) or
devices other than those that qualify for standard
general permits (described in subsection 5.2) or
wetlands stormwater management systems
(described in section 16). An affirmative showing
by the applicant that the system design will provide
treatment equivalent to retention systems described
in section 11 will create a presumption in favor of
satisfying those standards listed in section 8.3. In
addition, systems which have a direct discharge to
Class I, Class II, Outstanding Florida Waters, or
Class III waters which are approved, conditionally
approved, restricted, or conditionally restricted for
shellfish harvesting must provide an additional
level of treatment (i.e., additional treatment
volume and off-line treatment) pursuant to sections
10 16 or an alternative demonstrated by the
applicant to be equivalent.
(c) No change.
In determining whether reasonable assurance has
been provided for (b) and (c), above, the District
shall, where appropriate, consider:
(a) through (d) No change.
6.2 and 6.3 No change.
6.4 Request for Additional Information
6.4.1 and 6.4.2 No change.
6.4.3 The applicant has 90 60 days from the date of the
request for additional information to supply that
information to the District. If an applicant requires
more than 90 60 days in which to respond to the
request for additional information that will
complete an application, the applicant may notify
the District in writing of the circumstances and for
good cause shown, the application shall be held in
active status for one additional period of up to 90
60 days.
6.4.4 No change.No change.
6.5 through 6.6 No change.
7.0 through 7.4 No change.
7.5 Compliance
7.5.1 and 7.5.2 No change.
7.5.3 Standard Limiting Permit Conditions
In addition to project-specific special conditions,
19 15-general limiting conditions are included on
all permits issued pursuant to chapter 40C-42,
F.A.C., unless waived by the Governing Board


upon its determination that the conditions are
inapplicable for the work authorized by a given
permit.
These conditions include a statement of permit
duration, requirements for other District permits or
permit modifications, construction sequence and
timely completion of the stormwater management
system, requirements for as-built certification,
requirements for adequate erosion and
sedimentation control during and after
construction, submittal of appropriate operation
and maintenance documents, site inspections, and
permit transfers. The conditions are listed below:
1. through 3. No change.
4. The permitted. must require th" -cntractor to
review and to maintain a copy of this permit
complete with all conditions, attachments,
exhibits, and permit modifications in good
condition at the construction site. The complete
permit must be available for review upon request
by District representatives. The permitted shall
require the contractor to review the complete
permit prior to commencement of the activity
authorized by this permit.
5. All activities cns truction, dopertin ad
maintenance 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 be considered a
violation of this permit.
6. No change.
7. Prior to and during construction, the permitted
shall implement and maintain all erosion and
sediment control measures (best management
practices) required to retain sediment on-site and to
prevent violations of state water quality standards.
All practices must be in accordance with the
guidelines and specifications in section 6 of the
Florida Land Development Manual: A Guide to
Sound Land and Water Management (Florida
Department of Environmental Regulation 1988)
unless a project specific erosion and sediment
control plan is approved as part of the permit, in
which case the practices must be in accordance
with the plan. If site specific conditions require
additional measures during any phase of
construction or operation to prevent erosion or
control sediment, beyond those specified in the


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erosion and sediment control plan, the permitted
shall implement additional best management
practices as necessary, in accordance with the
specifications in section 6 of the Florida Land
Development Manual: A Guide to Sound Land and
Water Management (Florida Department of
Environmental Regulation 1988). The permitted
shall correct any erosion or shoaling that causes
adverse impacts to the water resources. During any
constriction of the perm.ittd system including
stabilization amd rovNegtatation ef disturbed
surfaces, pe ritto f rsponible for the selection,
implementation, and operation of all orerosion and
Sediment control o dsured rquredas as oo a
radi lent on por tionas of tf the
seven quality atander d in chapters 17 302 an
17 550, F.A.C. The permit i nouragd to uo
appropriate Best Management Praties described
in Th lorida Land Dtemol y r eanuel: A
CGuida to Sound Land and Water Management
(Deopartnent of En'iroen:ental Regulation, 1988).
9. No change.
Stabilization measures shall be initiated for erosion
and sediment control on disturbed areas as soon as
practicable in portions of the site where
construction activities have temporarily or
permanently ceased, but in no case more than
seven (7) days after the construction activity in that
portion of the site has temporarily or permanently
ceased. The permittee must construct and maintain
Sperianent-protctie-over-(vegetativ-o
suitable alternative) for erosion and sediment
control on all land surfaces exposed or disturbed
by construction of the permitted project. Unless
modified by another condition of this permit
otherwise specified on a District approved erosion
and sediment control plan, the protective covor
mnust be installed within fourteen (14) day' aftIr


final grading of the affected land surface. A
permanent v'gctativo covor must bo established
within 60 days of its installation. The pemywttee's
r"qu:rement t. m.ai.tatn .,er on off site surfaces
shall not be complete until after the District
receives the permittee's as built certification.
Should any other regulatory agency require
changes to the permitted system, the District shall
be notified of the changes prior to implementation


Rmuat notify th- Distriat of a11 :eviSion or
modifications to the permitted plans required by
any other govenfmoental body or regulatory agency.
12. Within thirty (30) days after sale or conveyance of
the permitted stormwater management system or
the real property elnd on which the system is
located, the owner in whose name the permit was
granted shall notify the District of such change of
ownership. Transfer of this permit shall be in
accordance with the provisions of chapter 373,
F.S., and chapter 40C-1, F.A.C. All terms and
conditions of this permit shall be binding upon the
transferee. 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.
13. The stormwater management -system must be
completed in accordance with the permitted plans
and permit conditions prior to the initiation of the
permitted use of site infrastructure. The system
must be complete in accordance with the permitted
plans and permit conditions prior to transfer of
responsibility for operation and maintenance of the
stormwater management system to a local
government or other responsible entity.


k-efontsructon i- ne-stormwa- management
system must be complete and all disturbed as








14. The operation phase of the permit shall not become
effective until the requirements of Condition No. 8
or 9 have been met, the District determines that the
stabilized compiesdan with the permitted plans, and the
conditions prior to any of the following: isuancc
of the first certifieate of occupancy; irritation of




entity approved by the ifatr District accepts
responsibility for operationand maintenance of the
local government or other responsible entity.
14. The operation phase of the permit shall not become
effective until the requirements of Condition No. 8
or 9 have been met, the District determines that the
system complies with the permitted plans, and the
entity approved by the District accepts
responsibility for operation and maintenance of the
system. The permit cannot be transferred to the
responsible operation and maintenance entity
approved by the District until construction of the
completed stormwate -manafgement- system-..
approved by. the Di trit and the requirements of
section 40C-42.028, F.A.C., are met, and 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


2990 Section H Proposed Rules


8. and
10.


11.


so that a determination can be made whether a
permit modification is required. The- pemittee


i,


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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.
15. No change.
16. This permit does not eliminate the necessity to
obtain any required federal, state, local and special
district authorizations prior to the start of any
activity approved by this permit. 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 40C-42, F.A.C.
17. 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.
18. The permitted shall immediately notify the District
in writing of any previously submitted information
that is later discovered to be inaccurate.
19. Activities approved by this permit shall be
conducted in a manner which do not cause
violations of state water quality standards.
7.5.4 Special Conditions
Unique aspects of each project may require that
special conditions be added to the environmental
resource stormwater permit. These conditions
cover such things as submittal of inspection
reports, supervision during installation of high
maintenance systems, construction of wet
detention systems, construction in karst sensitive
areas, wetland preservation and/or creation
requirements, erosion and sediment control, water
quality sampling or any other circumstance not
covered in the 15 general limiting conditions.
Please consult Part III for more information on
inspection report special conditions.
7.5.5 No change.
7.6 Permit Transfers
The District must be notified in writing, within 30
days of any sale, conveyance, or other transfer of a
permitted system or facility or within 30 days of
any transfer of ownership or control of the real
property at which the permitted system is located.
The permitted must also provide a written


statement from the proposed transferee that it will
be bound by all of the terms and conditions of the
permit. All transfers of ownership or transfers of a
permit are subject to the requirements of section
40C-1.612, F.A.C. The permitted transferring the
permit remains liable for any corrective actions
that may be required as a result of any permit
violations prior to such sale, conveyance or other
transfer.
7.7 through 7.9 No change.
PART II
CRITERIA FOR EVALUATION
8.0 Criteria for Evaluation
8.1 Purpose
The criteria in chapter 40C-42, F.A.C., have been
approved by the Governing Board for use in
evaluating environmental resource sStormwater
Management System permit applications. The
criteria are used in evaluating applications for
standard general and individual permits. The staff
recommendation on permit approval for any permit
will be based upon a determination of whether the
proposed system meets the criteria for evaluation.
8.2 Source of Criteria
The criteria for evaluation have been developed
from guidelines established in:
Chapter 373, F.S. (Water Resources Act of 1972)
Chapter 403, F.S., (Environmental Control)
Chapter 17-25, F.A.C., (Regulation of
Stormwater Discharge)
Chapter 17-40, F.A.C., (State Water Policy)
Chapter 40C-4, F.A.C., (Environmental
Resource Permits: Surface Water Management
Systems Management and Storage ef Surfac
Waters)
Chapter 40C-40, F.A.C., (Standard General
Environmental Resource Surface Water Permits)
Chapter 40C-41, F.A.C., (Environmental
Resource Permits: Surface Water Management
Basin Criteria)
Chapter 17-3, F.A.C., (Watei Quality Standards)
Chapter 17-302, F.A.C. (Surface Water Quality
Standards)
8.3 Requirements for Issuance
In order to obtain a standard general or individual
environmental resource stormwater permit, an
applicant must give reasonable assurance that the
stormwater management system:


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(a) Will not result in discharges from the system to
surface and ground water of the state that cause or
contribute to violations of state water quality
standards as set forth in chapters 17-3. 17-4.
17-302 and 17-550, F.A.C., including any
antidegradation provisions of sections
17-4.242(1)(a) and (b), 17-4.242(2) and (3), and
17-302.300, F.A.C., and any special standards for
Outstanding Florida Waters and Outstanding
National Resource Waters set forth in 17-4.242(2)
and (3). F.A.C.,
(b) through (d) No change.
8.4 State Water Policy
(Repealed) See Applicant's Handbook: Regulation
of Stormwater Management Systems, chapter
40C-42, F.A.C., effective April 11, 1994, for
current text.
8.5 and 8.6 No change.
9.0 No change.
9.1 Erosion and Sediment Control
9.1.1 Overview
Uncontrolled erosion and sediment from land
development activities can result in costly damage
to aquatic areas and to both private and public
lands (Livingston et al. 1988). Excessive sediment
blocks stormwater conveyance systems, plugs
culverts, fills navigable channels, impairs fish
spawning, clogs the gills of fish and invertebrates,
and suppresses aquatic life.
An effective erosion and sediment control plan is
essential for controlling stormwater pollution
during construction. An erosion and sediment
control plan is a site specific plan which specifies
the location, installation, and maintenance of best
management practices to prevent and control
erosion and sediment loss at a construction site.
The erosion and sediment control plan is submitted
as part of the permit application and should be
clearly shown on the construction plans for the
development. Erosion and sediment control plans
range from very simple for small, single phase
developments to complex for large, multiple
phased projects. Additional measures may be
required if it becomes apparent that the proposed
plan is not sufficient to address unforeseen
circumstances such as extreme rainfall events or
construction delays.


The regulation of stormwater management systems
rule requires that erosion and sediment control
practices be utilized during construction of the
project. The rule criteria is described below.
9.1.2 through 9.7 No change.
9.7.1 Tailwater Design and Performance Criteria
The regulation of stormwater management systems
rule requires that stormwater management systems
(except retention and exfiltration systems) must
provide a gravity or pumped discharge that
effectively operates (i.e., meets applicable rule
criteria) under one of the following tailwater
conditions:
(a) Maximum stage in the receiving water resulting
from the mean annual 24-hour storm. This storm
depth is shown on the isopluvial map in Figure 9-2.
Generally, applicants" utilizing this option would
model the receiving waters utilizing standard
hydrologic and hydraulic methods for the mean
annual 24-hour storm to determine peak stages at
various points of interest. Lower stages may be
utilized if the applicant demonstrates that flow
from the project will reach the receiving water
prior to the time of maximum stage in the
receiving water. See sections 12.6 and 12.9 of the
MSSW Applicant's Handbook: Management and
Storage of Surface Waters for more information on
designing detention basins with tailwater
influences.
(b) through (d) No change.
9.8 Peak Discharge Attenuation
9.8.1 No change.
9.8.2 Selection of Design Storm
Proper selection of the design storm for peak
discharge control is crucial to determining the
effectiveness of the detention basin. Historically,
the District only regulated the peak discharge from
large storm events (i.e., 25-year, 24-hour storm) for
larger systems requiring an environmental resource
MSSW permit under chapter 40C-4, F.A.C.
Unfortunately, the following drawbacks to this
approach were noted:
(a) No change.
(b) Cumulative water quantity impacts may occur
from several projects below the chapter 40C-4.
F.A.C MSSW thresholds located within the same
watershed.


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To address these concerns, the rule requires that the
peak discharge rate from highly impervious
projects be controlled for the mean annual, 24-hour
storm event. The mean annual 24-hour storm
(approximately 2.5-year return period) was
selected as the design event for this rule because
the shape and form of natural channels is
controlled by approximately the 2-year return
frequency storm (Schueler 1987) and the District
has published information on the depth and
distribution for this storm event (Rao 1991). The
rainfall depth for the mean annual 24-hour storm
for the District is shown in Figure 9-2. The rainfall
depth at a particular location may be established by
interpolating between the nearest isopluvial lines.
9.8.3 Relationship to MSSW (Chapter 40C-4) Peak
Discharge Criteria
Applicants who must obtain both an environmental
resource. MSSW permit and an environmental
resource stormwater permit under the provisions of
chapter 40C-4 and 40C-42, F.A.C., respectively,
for a project must design the system to meet the
peak discharge requirements of both the-MSSW
and str'mwater man agemrnt rules. This can be
accomplished by designing a multi-staged outlet
structure to attenuate both the 25-year and mean
annual storm events. See Figure 9-3 for a
conceptual design of a multi-staged outlet
structure. Examples of multi-staged outlet
structures include two staged weirs, risers with
multiple orifice controls, and combinations of weir
and orifice controls.
9.8.4 and 9.8.5 No change.
9.8.6 Accepted Methodologies
A peak discharge analysis typically consists of
generating redevelopment and postdevelopment
runoff hydrographs, routing the postdevelopment
hydrograph through a detention basin, and sizing
an overflow structure to control postdevelopment
discharges at or below redevelopment rates.
The District has accepted several methodologies
for computation of runoff hydrographs for
environmental resource sStormwater permits.
These methods include the following:
(a) through (c) No change.
The SCS and SBUH methods are described in
sections 10.3 and 13.0 -2-0 of the MSSW
Applicant's Handbook: Management and Storage
of Surface Waters. Therefore, a detailed discussion


of these methods will not be presented in this
handbook. The reader is also encouraged to consult
Suphunvorranop (1985) or Wanielista (1990) for a
complete description of the SCS method.
Wanielista (1990) also provides a good overview
of the SBUH method.
9.8.7 Modified Rational Hydrograph Method First three
paragraphs No change.
Note: The District does not accept the modified rational
hydrograph method for use in chapter 40C-4,
F.A.C. MSSW peak discharge design storms (i.e.,
25-year). If a project requires a peak discharge
analysis under both chapters 40C-4 and 40C-42.
F.A.C. for both the MSSW and Strmwater rules,
the applicant- may utilize the modified rational
method only for the storm specified in chapter
40C-42, F.A.C.. the stozmwater rule (i.e., mean
annual storm) provided the above criteria are met.
9.8.8 Computer Programs Accepted by the District
Numerous computer programs have been written
to solve the runoff hydrograph and detention basin
routing calculations required in a peak discharge
analysis. The District has screened many of these
programs proposed by applicants for use in chapter
40C-4. F.A.C.. MSSW and chapter 40C-42, F.A.C.,
Stermwnate permit applications. In order to
evaluate and review computer programs,
applicants are asked to provide detailed
documentation of the model and make test runs
using input data provided in test problems supplied
by the District. If the model is sound from a
theoretical standpoint and the results compare
favorably with those of a benchmark standard
model (such as HEC-1), the program is accepted
for use in MSSW- and--Stormwater permit
submittals under both chapters 40C-4 and 40C-42.
F.A.C. Readers should contact the District office
nearest them (see section 1.3) for a copy of the test
problems and/or the current list of models screened
by the District.
The District only reviews the models for a
minimum level of proficiency. The District can
neither endorse any program nor certify program
results.
Applicants are encouraged to receive District
acceptance of programs not on the list prior to
application submittal to avoid permitting delays
associated with review of the model.
9.9 Conveyance


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Projects which alter existing conveyance systems
(e.g., rerouting an existing ditch) must not
adversely affect existing conveyance capabilities.
It is presumed a system will meet this criterion if
one of the following are met:
(a) and (b) No change.
(c) The criteria in section 10.5.2(b), MSSW
Applicant's Handbook: Management and Storage
of Surface Waters is met.
(d) No change.
9.10 and 9.11 No change.
9.12 On-Line and Off-line Stormwater Systems
First three paragraphs No change.
Off-line systems are generally more effective at
removing pollutants than on-line systems because
accumulated pollutants cannot be "flushed out"
during storm events that produce runoff volumes
exceeding the treatment storage volume.
Consequently, on-line systems must treat a greater
volume of runoff than off-line systems to reduce
the likelihood of flushing accumulated pollutants
out of the system and achieve the pollutant
removal goals required by State Water Policy
(chapter 17-40, F.A.C.). Treatment volumes for
each of the stormwater treatment practices
described in chapter 40C-42. F.A.C.. the
Stormwater Rule is discussed in the section for that
BMP (sections 10-16).
The treatment storage provided in an off-line
system can be considered in the stage/storage
calculations for peak discharge attenuation.
Off-line systems should be designed to bypass
essentially all additional stormwater runoff
volumes greater than the treatment volume to a
discharge point or other detention storage area. Of
course, there will be some incremental additional
storage in the off-line system associated with the
hydraulic grade line at the weir structure in the
typical diversion structure. This will depend on the
size of the weir, but the weir should be sized to
pass the design flow with minimal headwater.
Proposed off-line systems which will also serve to
provide significant detention storage above the
off-line treatment volume storage will be
considered to function as on-line systems. These
systems should either be designed to meet on-line
treatment volume requirements or the designer
should discuss the merits of the particular system


(in terms of potential of flushing accumulated
pollutants) with District staff in a pre-application
conference.
9.13 No change.
11.0 Design Criteria and Guidelines for Retention
Systems
11.1 Description
First four paragraphs No change.
Besides pollution control, retention systems can be
utilized to promote the recharge of ground water to
prevent saltwater intrusion in coastal areas or to
maintain groundwater levels in aquifer recharge
areas. Chapter 40C-41, F.A.C., contains recharge
criteria for the Wekiva Basin (see section 11.3.1 of
the MSSW Applicant's Handbook: Management
and Storage of Surface Waters). Retention systems
can also be used to meet the runoff volume criteria
for MSSW projects requiring a permit under
chapters 40C-4 or 40C-40, F.A.C., which discharge
to land-locked lakes (see section 10.4 of the
Applicant's Handbook: Management and Storage
of Surface Waters MSSW- A.W).
There are several design and performance criteria
specific to retention systems which are described
below.
11.2 through 11.6 No change.
13.0 Exfiltration Trench Design and Performance
Criteria
13.1 Description
First three paragraphs No change.
Besides pollution control, exfiltration trench
systems can be utilized to promote the recharge of
ground water and to prevent saltwater intrusion in
coastal areas, or to maintain groundwater levels in
aquifer recharge areas. Chapter 40C-41, F.A.C.,
contains recharge criteria for the Wekiva Basin
(see section 11.3.1 of the MSSW Applicant's
Handbook: Management and Storage of Surface
Waters). Exfiltration trench systems can also be
used to meet the runoff volume criteria for MSAW
projects requiring an environmental resource
permit under chapters 40C-4 or 40C-40, F.A.C.,
which discharge to land-locked lakes (see section
10.4 of the MSSW Applicant's Handbook:
Management and Storage of Surface Waters).
The operational life of an exfiltration trench is
believed to be short (possibly 5 to 10 years) for
most exfiltration systems. Sediment accumulation
and clogging by fines can reduce the life of an


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exfiltration trench (Wanielista et al. 1991). Total
replacement of the trench may be the only possible
means of restoring the treatment capacity and
recovery of the system. Periodic replacement of
the trench should be considered routine operational
maintenance when selecting this management
practice.
There are several design and performance criteria
which must be met in order for an exfiltration
trench system to meet the rule requirements. A
description of each criterion is presented below.
13.2 through 13.11 No change.
15.0 Design Criteria and Guidelines for Swale Systems
15.1 Description
First two paragraphs No change.
Besides pollution control, swale systems can be
utilized to promote the recharge of groundwater to
prevent saltwater intrusion in coastal areas, and to
maintain ground water levels in aquifer recharge
areas. Swales can be incorporated into the design
of a stormwater management system to meet the
recharge criteria for the Wekiva Basin (see section
11.3.1 of the MSSW Applicant's Handbooki
Management and Storage of Surface Waters) or the
runoff volume criteria for MSSW projects
requiring permits under chapters 40C-4 or 40C-40,
FA.C., which discharge to land-locked lakes (see
section 10.4 of the MSSW Applicant's Handbook:
Management and Storage of Surface Waters).
Swales can also be utilized to provide
pre-treatment of runoff prior to its release to
another treatment BMP such as wet detention (see
section 14.11) or wetlands stormwater
management systems (see section 16.4).
Pre-treatment reduces the pollutant loading to the
downstream treatment system, increases the
pollutant efficiency of the overall stormwater
management system, and reduces maintenance. In
some cases, pre-treatment may be used to meet the
additional treatment criteria for discharges to
sensitive receiving waters (Class I, Class II, and
OFWs). For developments where the appearance
of the downstream system (i.e, wet detention lake)
is important, pre-treatment can reduce the
probability of algal blooms occurring and slows
the eutrophication process.
The design and performance criteria specific to
swale systems are described in the following
sections.


15.2 through 15.5 No change.


16.0

16.1
16.2










16.3


Design Criteria and Guidelines for Wetlands
Stormwater Management Systems
No change.
Permit Application Administrative Procedures
An application for an environmental resource
stormwater permit to use a wetland stormwater
management systems will be processed by the
District as an individual permit application
according to the administrative procedures set
forth in chapter 40C-4, F.A.C. See section 6 of this
handbook for additional information on processing
individual permit applications.
Types of Wetlands that may be Utilized for
Stormwater Treatment
The only wetlands which may be considered for
use to provide stormwater treatment are those
which are:
Connected te other- waters by aR -tificial
watereeurse-
Connected to other waters solely by an intermittent
watercourse, or
Isolated wetlands; and-
Those which would be isolated wetlands, but for a
hydrologic connection to other wetlands or surface
waters via another watercourse that was excavated


through uplands.
Treatment Volume
The system should be part of a comprehensive
stormwater management system that utilizes
wetlands in combination with other best
management practices to provide treatment of the
runoff from the project. For systems discharging to
Class III waters, the rule specifies treatment of the
runoff from the greater of the following:
(a) and (b) No change.
Those systems which directly discharge to Class I,
Class II, OFWs, or Class III waters which are
approved, conditionally approved, restricted, or
conditionally restricted for shellfish harvesting,
shall provide an additional fifty percent of the
applicable treatment volume specified above.
The wetland stormwater management system
should stor th treatment volume within the
nor,,mal range of water levl fluctuations speified
in section 16.6- If the wetland alone cannot provide
the treatment volume, then other best management
practices should be incorporated upstream and


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16.5
4-6;


outside of the wetland to store the proper level of
runoff. Utilization of other BMPs must not
adversely affect the ability of the wetlands
stormwater management system from meeting the
requirements of this section. Example design
methodologies for calculating the treatment
volume are given in section 29.3.
No change.
Water Le,e'l Fluctuation


The- ^utilization .of. .otland fr tor watr
treatment shall not adernely affect the wetland by
disrupting the normal range ef water- level
fluctuation of the wetland as it existed prior to
Construrtion- of the Awetlantds stormwateo
management system. The normal range of water


ma..inte. ne-.ef he.. f ,ctuating, wat... u1 .

changes betw een the normal lot w water and the

the wetland. The applicant may use water leo.el



the normal low and normal high water levels.
Upland detention may be o necessary to attenuate
peak flows and fmet tho water level fluctuations
specified above. When the normal range of water
le.'el fluctuations has been artificially altered, an
acceptable range of water leoel fluctation may be
established based on historical information, as to
the previous size and nature of the wetlands, if
available. If such information is not available th
range of water level fluctuation shall bo dorivod
from sound scientific principles or from analysis o
othor natural wetland systems in th.e vii. ity.
16.7 renumbered 16.6 No change.
16.7 4-6.8 Wetland Function
The use of wetlands for stormwater treatment must
meet the criteria in section 12.0. Environmental
Consideration, of the Applicant's Handbook:
Management and Storage of Surface Waters.
adopted by reference in section 40C-4.091. F.A.C.
The system must be designed se that the use te
wetlands for stormwater treatment is compatible
wth the functions being provided by tho wetland.
Pre-treatment can reduce the impact of untreated
stormwater upon the wetland. In addition,
pre-treatment can be utilized to attenuate
stormwater volumes and peak discharge rates so


that the wetland's hydroperiod is not adversely
altered (Livingston 1989). Swale conveyances and
lakes adjacent to the wetland are typical
pre-treatment practices.
16.9 through 16.11 renumbered 16.8 through 16.10 No change.
16.11 16.12 Alternative Criteria
If the applicant is unable to show compliance with
the performance criteria sections 16.3 16.11,
above, the applicant may qualify for an
environmental resource stormwater permit to use a
wetlands stormwater management system permit
by using alternative design and performance
criteria if the applicant affirmatively demonstrates
that the use of the wetlands meets the criteria in
section 12.0, Environmental Consideration, of the
Applicant's Handbook: Management and Storage
of Surface Waters :is compatible. with th
ecological hacte risties of th., w..etland and the
applicant complies with the requirements for
issuance in section 8.3.
16.13 renumbered 16.12 No change.

NAME OF PERSON ORIGINATING PROPOSED RULE:
Kathryn Mennella, Sr. Asst. General Counsel, Office of
General Counsel, St. Johns River Water Management District,
P.O. Box 1429, Palatka, FL 32178-1429, (904) 329-4215.
NAME OF SUPERVISOR OR PERSON WHO APPROVED
THE PROPOSED RULE: Governing Board of St. Johns River
Water Management District.
DATE PROPOSED RULE APPROVED: April 13, 1994.
Anyone requiring a special accommodation to participate in
this meeting is requested to advise the District at least 5 work
days before the meeting by contacting Debbie Hancock at
(904) 329-4262 or (904) 329-4450 (TDD).

WATER MANAGEMENTS DISTRICTS
St Johns River Water Management District
RULE CHAPTER TITLE: RULE CHAPTER NO.:
General Silvicultural Surface Water
Management Permits After Notice 40C-43
RULE TITLES: RULE NOS.:
Policy and Purpose 40C-43.011
Definitions 40C-43.021
Implementation 40C-43.031
General Permit after Notice for
Construction, Operation, Maintenance,
Alteration, Abandonment or Removal of
Minor Silvicultural Surface Water
Management Systems "40C-43.042
Exemptions 40C-43.051


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F A r W yo e r1


Notice of Intent 40C-43.112
Conditions for Issuance of General Permit
after Notice for Minor Silvicultural
Surface Water Management Systems 40C-43.302
Duration of Permit 40C-43.321
Forms and Instructions 40C-43.900
PURPOSE AND EFFECT: Chapter 40C-43, F.A.C, is
proposed to be repealed due to the simultaneously proposed
adoption of new chapter 40C-400, F.A.C., particularly section
40C-400.500, F.A.C.
SUMMARY: Chapter 40C-43, F.A.C., entitled "General
Silvicultural Surface Water Management Permits After Notice"
is proposed to be repealed. The chapter provides for an upland
silvicultural road exemption and a general permit after notice
for certain silvicultural systems. New chapter 40C-400, F.A.C.,
is being simultaneously proposed for adoption. This new
chapter eliminates the need for chapter 40C-43, F.A.C.,
because it establishes a noticed general permit for construction,
operation, maintenance, alteration, abandonment or removal of
minor silvicultural surface water management systems (section
40C-400.500, F.A.C.), which is based on the provisions of
chapter 40C-43, F.A.C.
SPECIFIC AUTHORITY: 120.53(1), 373.044, 373.113,
373.118, 373.171 FS.
LAW IMPLEMENTED: 120.52(16), 120.53(1), 373.118,
373.413, 373.416, 373.426 FS.
A PUBLIC HEARING WILL BE HELD AT THE TIME,
DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 11:00 a.m., June 8, 1994
PLACE: St. Johns River Water Management District
Headquarters, Highway 100 West, Palatka, Florida 32177.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED REVISIONS IS: Jeff Elledge, Director,
Department of Resource Management, St. Johns River Water
Management District, P.O. Box 1429, Palatka, Florida
32178-1429, (904) 329-4203.

THE FULL TEXT OF THE PROPOSED RULE REPEALS
ARE:

40C-43.011 Policy and Purpose.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented
373.118, 373.413, 373.416, 373.426 FS. History-New 10-11-87,
Repealed

40C-43.021 Definitions.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented
373.118, 373.413, 373.416. 373.426 FS. History-New 10-11-87, Amended
8-1-89, Repealed


40C-43.031 Implementation.
Specific Authority 373.044. 373.113, 373.118. 373.171 FS. Law Implemented
373.118, 373.413. 373.416, 373.426 FS. History-New 10-11-87,
Repealed

40C-43.042 General Permit after Notice for Construction,
Operation, Maintenance, Alteration, Abandonment or Removal
of Minor Silvicultural Surface Water Management Systems.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented
373.118. 373.413, 373.416. 373.426 FS. History-New 10-11-87,
Repealed

40C-43.051 Exemptions.
Specific Authority 373.044. 373.113, 373.171 FS. Law Implemented 373.413,
373.416, 373.426 FS. History-New 10-11-87, Repealed

40C-43.112 Notice of Intent.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented
373.119, 373.129, 373.136, 373.413, 373.416, 373.426 FS. History-New
10-11-87, Repealed

40C-43.302 Conditions for Issuance of General Permit
after Notice for Minor Silvicultural Surface Water
Management Systems.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented
373.118, 373.413, 373.416, 373.426 FS. History-New 10-11-87, Amended
8-1-89, 10-10-90, 4-3-91, Repealed

40C-43.321 Duration of Permit.
Specific Authority 373.044, 373.113, 373.118. 373.171 FS. Law Implemented
373.118, 373.413, 373.416, 373.426 FS. History-New 10-11-87,
Repealed

40C-43.900 Forms and Instructions.
Specific Authority 120.53(1), 373.044, 373.113, 373.118 FS. Law
Implemented 120.52(16), 120.53(l). 373.085, 373.116, 373.118, 373.103,
373.106, 373.229, 373.413 FS. History-New 5-30-90, Repealed

NAME OF PERSON ORIGINATING PROPOSED RULE:
Kathryn Mennella, Sr. Asst. General Counsel, Office of
General Counsel, St. Johns River Water Management District,
P.O. Box 1429, Palatka, FL 32178-1429, (904)329-4215.
NAME OF SUPERVISOR OR PERSON WHO APPROVED
RULE: Governing Board of St. Johns River Water
Management District.
DATE PROPOSED RULE APPROVED: April 13, 1994.
Anyone requiring special accommodation to participate in this
meeting is requested to advise the District at least 5 work days
before the meeting by contacting Debbie Handcock at (904)
329-4262 or (904) 329-4450 (TDD).

WATER MANAGEMENTS DISTRICTS
St. Johns River Water Management District
RULE CHAPTER TITLE: RULE CHAPTER NO.:
Environmental Resource Permits: Regulation
of Agricultural Surface Water Management
Systems 40C-44


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RULE TITLES: RULE NOS.:
Purpose and Scope 40C-44.011
Definitions 40C-44.021
Permits Required 40C-44.041
Exemptions 40C-44.051
Standard General Environmental
Resource Agricultural Permits 40C-44.055
Individual Environmental Resource
Agricultural System Permits 40C-44.061
Performance Standards 40C-44.065
Water Quality Practices 40C-44.066
Relationship to Other Permitting
Requirements 40C-44.071
Publications Incorporated by
Reference 40C-44.091
Content of Application 40C-44.101
Conditions for Issuance of Permits 40C-44.301
Forms and Instructions 40C-44.900
PURPOSE AND EFFECT: These proposed amendments
conform this chapter to simultaneously proposed changes to
chapter 40C-4, F.A.C.
SUMMARY: These proposed changes conform this chapter
with simultaneously proposed changes to chapter 40C-4,
F.A.C., including the Applicant's Handbook: Management and
Storage of Surface Waters adopted by reference in section
40C-4.091, F.A.C.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.418 FS.
LAW IMPLEMENTED: 373.413, 373.416 FS.
A PUBLIC HEARING WILL BE HELD AT THE TIME,
DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 11:00 a.m., June 8, 1994
PLACE: St. Johns River Water Management District, Highway
100 West, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED REVISIONS IS: Jeff Elledge, Director,
Department of Resource Management, St. Johns River Water
Management District, P.O. Box 1429, Palatka, Florida
32178-1429, (904) 329-4203.

THE FULL TEXT OF THE PROPOSED RULES ARE:

40C-44.011 Purpose and Scope.
(1) through (3) No change.
(4) An environmental resource agricultural system permit
under this chapter will be required for the maintenance and
operation of certain existing agricultural surface water
management systems as defined herein, and the construction of
new agricultural surface water management systems which are
below thresholds described in chapter 40C-4, F.A.C.


(5) Agricultural operations which are required to obtain an
environmental resource permit for agriultural surface water
management systcma pursuant to chapter 40C-4, F.A.C., shall
satisfy the requirements of the District in terms of the quality
of water discharged from the system, by implementing the
performance standards and water quality practices described in
this chapter.
Specific Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented
373.413, 373.416 FS. History-New 8-11-91, Amended 10-20-92,

40C-44.021 Definitions.
(1) through (13) No change.
(14) "Surface Water Management System" or "System"
means any eembinati::- a stormwater management systems,
dams, impoundments, reservoirs, appurtenant works, or works,
or any combinations thereof that provide drainage, water
storage, conveyance or tharo .urfa. water management .
stormw.atr management system capab.ili,. The terms
"surface water management" or "system" include dredged or
filled areas.
(15) through (16) No change.
(17) 'Waters of the State" are defined as "waters" in
subsection 403.031(13H), F.S.
(18) No change.
Specific Authority 373.044. 373.113, 373.171 FS. Law Implemented 373.019,
373.403, 373.416 FS. History-New 8-11-91, Amended 10-20-92, 7-4-93,

40C-44.041 Permits Required.
(1) Unless expressly exempt by sections 373.4065 end
403.813, F.S.,or sections 40C-4.051 or 40C-44.051, F.A.C., a
permit is required under this chapter for the maintenance and
operation of existing agricultural surface water management
systems which serve an agricultural operation as described in
paragraphs (a) or (b) below.
(a) An individual or standard general environmental
resource agricultural system permit is required for the
maintenance and operation of existing agricultural surface
water management systems which incorporate pumped
discharges from stationary or portable facilities as part of the
surface water management system and which have pumps with
a capacity, either individually or cumulatively, of 10,000
gallons per minute (GPM) or greater. The pump operator or
person in control of the pump is required to obtain the
maintenance and operation permit.
(b) Case by case designation. Notwithstanding any other
provision of this section, the District shall require that an
agricultural operation, including pumped or gravity-drained
systems, obtain an individual environmental resource
agricultural system permit for agricultural surface watr


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management systems pursuant to this chapter or modification
of a permit issued pursuant to chapter 40C-4, F.A.C., if it
causes or contributes to a violation of state water quality
standards within waters of the state. In determining whether an
individual permit is required under these circumstances, the
District will consider the following information;
1. through 5. No change.
6. The existence of mixing zones, variances or site specific
alternative criteria granted by the Department of
Environmental Protection Regulation pursuant to chapters 17-4
and 17-302, F.A.C.; and
(2) Unless expressly exempt by sections 373.406 and
403-.843-F.S., or sections 40C-4.051 or 40C-44.051, F.A.C., an
environmental resource agricultural surface water management
system permit must be obtained for the construction,
maintenance and operation of new agricultural surface water
management systems, or alteration of existing systems, which
drain an agricultural area greater than 2 acres and are not
required to obtain a permit pursuant to chapters 40C-4 or
40C-40, F.A.C.
Specific Authority 373.044, 373.113, 373.171, 373.406, 373.416. 373.418 FS.
Law Implemented 373.409, 373.416 FS. History-New 8-11-91, Amended
7-4-93.

40C-44.051 Exemptions.
The following types of agricultural surface water management
systems are exempt from the permit requirements of this
chapter:
(1) Concentrated Animal Feeding Operations with a valid
permit issued by the Department of Environmental Protection
Regulation pursuant to chapter 17-670, F.A.C., provided that:
(a) through (c) No change.
(2) through (6) No change.
Specific Authority 373.044, 373.113, 373.171,373.418 FS. Law Implemented
373.406, 373.416 FS. History-New 8-11-91, Amended 10-20-92,..

40C-44.055 Agricultural Surfae- Water Management
System Standard General Environmental Resource
Agricultural System Permits.
The following types of agricultural surface water management
systems, should they require a permit pursuant to subsection
40C-44.041(1), F.A.C., will qualify for a standard general
environmental resource agricultural system permit which shall
be processed pursuant to the procedures set forth in chapter
40C-40, F.A.C., provided they comply with the criteria
specified in section 40C-44.301, F.A.C.:
(1) through (5) No change.
Specific Authority 373.044, 373.113. 373.118. 373.171, 373.406, 373.416.
373.418 FS. Law Implemented 373.406. 373.416 FS. History-New 8-11-91.
Amended 10-20-92, _


40C-44.061 Individual Environmental Resource
Agricultural Surface Water Management System Individual
Permits.
(1) Agricultural surface water management systems which
are required to obtain a permit pursuant to section 40C-44.041,
F.A.C., and which do not qualify for a standard general
environmental resource agricultural system permit, are
required to obtain an individual environmental resource
agricultural system permit.
(2) An individual environmental resource agricultural
system permit may be issued to the applicant, upon such
conditions as the District may direct, only if the applicant
affirmatively provides the District with reasonable assurance
based on plans, test results or other information, that the
construction, expansion, alteration, modification, operation or
activity of the surface water management system will comply
with the performance' standards described in section
40C-44.065, F.A.C., and the criteria in specified section
40C-44.301, F.A.C.
(3) through (5) No change.
Specific Authority 373.044. 373.113, 373.171, 373.416. 373.418 FS. Law
Implemented 373.416 FS. History-New 8-11-91, Amended 10-20-92,

40C-44.065 Performance Standards.
(1) Discharges from the agricultural surface water
management system shall not cause or contribute to a violation
of water quality standards in waters of the state, as set forth in
chapters 17-3, 17-302 17-550 and 17-4, F.A.C.. including any
antidegradation provisions of sections 17-4.242 (1)(a) and (b),
17-4.242(2) and (3), and 17-302.300, F.A.C., and any special
standards for Outstanding Florida Waters and Outstanding
National Resource Waters set forth in sections 17-4.242(2) and
(3), F.A.C.
(2) and (3) No change.
Specific Authority 373.044, 373.113, 373.171, 373.416, 373.418 FS. Law
Implemented 373.016, 373.413, 373.416. 373.418 FS. History-New 8-11-91,
Amended 10-20-92, 7-4-93,

40C-44.066 Water Quality Practices.
The practices listed below are set forth in this rule for the
purpose of evaluating compliance with this chapter. It is
presumed the water quality practices implemented in
accordance with this section will provide reasonable assurance
that the system will comply with the performance standards
described in section 40C-44.065, F.A.C. The water quality
practices or other alternatives shall be implemented to the
extent necessary to comply with the performance standards
described in section 40C-44.065, F.A.C. In some cases, the
implementation of these practices may not result in compliance
with the performance standards for issuance of an individual
environmental resource agricultural system permit In those


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cases, the applicant shall provide for implementation of such
additional water quality practices and/or treatment
methodologies as necessary to provide reasonable assurance
that the discharge will comply with the performance standards
described in section 40C-44.065, F.A.C.
(1) through (4) No change.
Specific Authority 373.044, 373.113, 373.171, 373.416, 373.418 FS. Law
Implemented 373.016, 373.416 FS. History-New 8-11-91, Amended
10-20-92 .

40C-44.071 Relationship to Other Permitting
Requirements.
(1) No change.
(2) Alterations of existing agricultural surface water
management systems, which would otherwise require permits
pursuant to section 40C-4.041, F.A.C., will be considered
minor alterations and will qualify for a standard general or
individual environmental resource agricultural system permit,
as appropriate, pursuant to this chapter, provided they do not
increase the peak discharge rate and total discharge volume,
when applicable (MS.SW Applicant's Handbook: Management
and Storage of Surface Waters, section 10.3 and 10.4), or alter
off-site storage and conveyance capabilities of the water
resource (MS.SW-Applicant's Handbook: Management and
Storage of Surface Waters, section 10.5), or adversely affect
wetland hy-drologilly -ated e ir rnenta functions
(MSSW Applicant's Handbook, sccticn 10.7), or increase the
off-site pollutant loading (MSSW---Applicant's Handbook:
Management and Storage of Surface Waters, section 10.7.26).
(3) No change.
(4) Whenever the alteration, modification or construction
of a new or existing agricultural surface water management
system requires that an environmental resource management
and sto-rage f s ,urfac, ater permit be secured pursuant to
chapters 40C-4 or 40C-40, F.A.C., the performance standards
and water quality practices established in this chapter shall be
reviewed as part of those permit applications. A separate
permit application under this chapter shall not be required.
However, the applicant must provide the required technical
information as part of those applications to demonstrate
compliance with this chapter.
(5) When a permit is required pursuant to this chapter and
an individual environmental resource permit is required
pursuant to chapter 40C-4, F.A.C., for the same system, the
time frames of chapter 40C-4, F.A.C., shall apply to issuance
of a permit under this chapter.
(6) If the District determines that site specific alternative
criteria, as described in section 17-302.800, F.A.C., may be
appropriate for a water body, based on the results of a basin


specific study or Surface Water Improvement and Management
Plan, the District will submit this documentation to the
Department of Environmental Protection Regulation.
Specific Authority 373.044, 373.113, 373.171. 373.416, 373.418 FS. Law
Implemented 373.416 FS. History-New 8-11-91, Amended 10-20-92,

40C-44.091 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference Part
I "Policy and Procedures" and Part II "Criteria for Evaluation,"
of the document entitled "Applicant's Handbook: Agricultural
Surface Water Management Systems, effective,
7-4-93.
(a) The purpose of the document is to provide information
regarding the environmental resource agricultural sufaeee
water management system permitting program.
(b) No change.
(2) and (3) No change.
Specific Authority 120.54(8), 373.044, 373.113, 373.171, 373.406, 373.416,
373.418 FS. Law Implemented 120.54(8), 373.406, 373.413, 373.416 FS.
History-New 10-20-92, Amended 7-4-93.

40C-44.101 Content of the Application.
(1) All applications for environmental resource
agricultural system surfeewce r-fatrmanagement sy,'tcm
maintenance and operation permits shall be processed in
accordance with the procedures of Chapters 120 and 373, F.S.,
and chapter 40C-1, F.A.C.
(2) Each application for an individual environmental
resource agricultural system permit shall be filed on and
contain the information required to be included on District
form 40C-1.181(9), incorporated by reference in section
40C-44.900, F.A.C.
(3) Each application for a standard general environmental
resource agricultural system permit shall be filed on and
contain the information required to be included on District
form 40C-1.181(10) or 40C-1.181(11), incorporated by
reference in section 40C-44.900, F.A.C.
Specific Authority 373.044, 373.113, 373.171, 373.416, 373.418 FS. Law
Implemented 373.146, 373.416 FS. History-New 8-11-91, Amended
10-20-92,

40C-44.301 Conditions for Issuance of Permits.
(1)(a) To obtain a standard general or individual
environmental resource agricultural system permit for
operation, maintenance, removal or abandonment of a system
each applicant must give reasonable assurance that such
activity will not:
1. through 4. No change.
5. Cause significant adverse affects to operation of a Work
of the District established pursuant to Section 373.086, F.S.;
and chapter 40G 6, F.GA.C.


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6. through 11. No change.
(b) No change.
(2)(a) To obtain a standard general or individual
environmental resource agricultural system permit for
construction, alteration, operation, or maintenance of a system,
each applicant must give reasonable assurance that such
activity is not harmful to the water resources by meeting the
following standards:
1. through 4. No change.
5. The activity must not result in significant adverse
impacts to the operation of Works of the District established
pursuant to Section 373.086, F.S. to chapter 40C 6, F.A.C.; and
6. No change.
(b) No change.
(3) No change.
Specific Authority 373.016, 373.044, 373.113, 373.171, 373.406, 373.416,
373.418 FS. Law Implemented 373.016, 373.409, 373.416 FS. History-New
8-11-91, Amended 10-20-92, 7-4-93._

40C-44.900 Forms and Instructions.
The following forms and instructions are hereby incorporated
by reference. They have been approved by the Governing
Board and are available upon request from: District
Headquarters, St. Johns River Water Management District,
P.O. Box 1429, Palatka, FL 32178-1429.
(1) Management and Storage of Surface Waters
Agricultural Surfae Water Management System Individual
Environmental Resource Agricultural System Permit
Application, form no. 40C-1.181(9), adopted
August 11, 1991.
(2) Management and Storage ef Surface Waters
Agricultual Surfae Water Management System Standard
General Environmental Resource Agricultural System Permit
Application, form no. 40C-1.181(10), adopted Augu
11444991.
(3) Management and Storage of Surface Waters
Agricultural Surf. e Water Management System Standard
General Environmental Resource Agricultural System Permit
Application, form no. 40C-1.181(11), adopted
August 11, 1991.
Specific Authority 120.53(1), 373.044. 373.113, 373.406, 373.416, 373.418
FS. Law implemented 120.52(16), 120.53(1), 373.103,373.413, 373.416 FS.
History-New 8-11-91, Amended 10-20-92 .

NAME OF PERSON ORIGINATING PROPOSED RULE:
Kathryn Mennella, Sr. Asst. General Counsel, Office of
General Counsel, St. Johns River Water Management District,
P.O. Box 1429, Palatka, FL 32178-1429, (904) 329-4215.
NAME OF SUPERVISOR OR PERSON WHO APPROVED
" RULE: Governing Board of St. Johns River Water
Management District.


DATE PROPOSED RULE APPROVED: April 13, 1994.
Anyone requiring a special accommodation to participate in
this meeting is requested to advise the District at least 5 work
days before the meeting by contacting Debbie Hancock at
(904) 329-4262 or (904) 329-4450 (TDD).

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District
RULE CHAPTER TITLE: RULE CHAPTER NO.:
Noticed General Environmental Resource
Permits 40C-400
PART I: GENERAL PROVISIONS
Definitions 40C-400.021
PART II: NOTICED GENERAL
ENVIRONMENTAL
RESOURCE PERMITS
Policy and Purpose 40C-400.201
Processing Procedures for Noticed
General Permits 40C-400.211
General Conditions for all Noticed
General Permits 40C-400.215
General Permit for Installation or
Maintenance of Boat Ramps and
Associated Accessory Docks 40C-400.417
General Permit to Florida Game and
Fresh Water Fish Commission for
the Alteration or Maintenance of
Existing Boat Ramps and the Construction
or Alteration of Accessory Docks for
Existing Ramps 40C-400.419
General Permit for Certain Piers
and Associated Structures 40C-400.427
General Permit for Installation of
Riprap 40C-400.431
General Permit for the Installation of
Fences 40C-400.437
General Permit for the Construction or
Maintenance of Culverted Driveway or
Roadway Crossings and Bridges of
Artificial Waterways 40C-400.439
General Permit to the Florida Department
of Transportation for Minor Bridge
Alteration, Replacement, Maintenance
and Operation 40C-400.443
General Permit to the Florida Department
of Transportation (FDOT) for Minor
Activities Within Existing FDOT
Rights-of-Way or Easements 40C-400.447
General Permit for Underground Cable,
Conduit, or Pipeline 40C-400.453
General Permit for the Construction
of Aerial Pipeline, Cable, and
Conduit Crossings of Certain Waters 40C-400.455


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General Permit for Subaqueous Utility
Crossing 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
General Permit for Breaching Mosquito
Control Impoundments by Governmental
Mosquito Control Agencies
General Permit for Minor Activities
General Permit to the Department and Water
Management Districts to Conduct Minor
Activities
General Permit to the Department and Water
Management Districts for Environmental
Restoration or Enhancement
General Permit to the Department and Water
Management Districts to Change
Operating Schedules for Department
or District 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
Forms and Instructions


40C-400.457





40C-400.463


40C-400.467
40C-400.475


40C-400.483


40C-400.485




40C-400.487

40C-400.495



40C-400.500
40C-400.900


PURPOSE AND EFFECT: These proposed amendments
would create a new rule chapter which establishes noticed
general permits issued under part IV, chapter 373, F.S.
SUMMARY: Most of the proposed general permits are based
on existing dredge and fill general permits issued by the
Department of Environmental Protection under chapter
17-312, F.A.C. The proposed rule also contain a noticed
general permit for minor silvicultural systems based on the
existing requirements in chapter 40C-43, F.A.C., and a number
of new general permits. The new chapter also contains
definitions, processing procedures, and general conditions
applicable to the noticed general permits.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.118, 373.129, 373.136, 373.413,
373.416, 373.422, 373.426, 373.430 FS.
A PUBLIC HEARING WILL BE HELD AT THE TIME,
DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 11:00 am., June 8, 1994
PLACE: St. Johns River Water Management District
Headquarters, Highway 100 West, Palatka, Florida 32177.


THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED REVISIONS IS: Jeff Elledge, Director,
Department of Resource Management, St. Johns River Water
Management District, P.O. Box 1429, Palatka, Florida
32178-1429, (904) 329-4230.

THE FULL TEXT OF THE PROPOSED RULES ARE:

PART I
GENERAL PROVISIONS
40C-400.021 Definitions.
The definitions set forth in section 40C-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) "Department" means the Florida Department of
Environmental Protection.
(4) "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.
(5) "Dredging" means the excavation, by any means, in
surface waters or wetlands as delineated in section 373.421(1),
F.S. It also means the excavation, or creation, of a water body
which is, or is to be, connected to any surface waters or
wetlands as delineated in section 373.421(1), F.S., directly or
via an excavated water body or series of excavated water
bodies.
(6) "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.
(7) "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.
(8) "Filling" means the deposition, by any means, of
materials in surface waters or wetlands, as delineated in section
373.421(1). F.S.
(9) "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


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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 removed but are expected to revegetate to a
forested wetland if use of the area would remain unchanged.
(10) "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.
(11) "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.
(12) "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.
(13) "Materials" means 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
oyster cultch pursuant to section 370.16, F.S., or rule 16B-5.
F.A.C.
(14) "Riprap" means 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.
(15) "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.
(16) "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.
(17) "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:
(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.
(18) "Threatened species" means those animal species
listed in section 39-27.004, F.A.C.
(19) "Vertical seawall" means a seawall the waterward
face of which is at a slope greater than 75 degrees to the
horizontal. A seawall with sloping riprap on the waterward
face shall not be considered a vertical seawall.
(20) "Water management district" or "District" means a
water management district created pursuant to section 373.069,
F.S.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118,
373.413. 373.416. 373.426 FS. History-New

PART II NOTICED GENERAL ENVIRONMENTAL
RESOURCE PERMITS
40C-400.201 Policy and Purpose:
The purpose of Part II of this chapter is to provide 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 general permits in this chapter shall be subject to
the notice provisions of section 40C-400.211, F.A.C., before
any activity is conducted as authorized herein. The general
conditions provided pursuant to section 40C-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.
Specific Authority 373.044, 373.113. 373.118 FS. Law Implemented 373.118,
373.413. 373.416. 373.426 FS. History-New

40C-400.211 Processing Procedures for Noticed General
Permits.
(1) A noticed general permit authorizes the construction,
operation, maintenance, alteration, abandonment, or removal
of certain minor 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 a complete


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Notice of Intent to Use a Noticed General Permit, form
40C-1.181(17), including the appropriate application fee
required in section 40C-1.603, 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 form 40C-1.181(17). 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 notice to the District, the applicant
shall have 60 days from the date of the notification to amend
the notice to use the general permit and submit additional
information to correct such error or omission. If the applicant
amends the notice to use a noticed general permit 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 notice to use the general permit, or amended notice
to use the general permit if an amended notice is submitted, the
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 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 notice 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.
(8) For projects located in or seaward of coastal counties,
and which have regulated activities in, on, or over wetlands or
other surface waters, a noticed general permit shall constitute
certification of consistency with the Florida Coastal
Management Plan, as provided in Section 307 of the Coastal
Zone Management Act and 15 CFR 930, Subpart D, for
activities that qualify for the noticed general permit and are
conducted in accordance with the conditions of the noticed
general permit.
Specific Authority 373.044, 373.113. 373.118 FS. Law Implemented 373.118.
373.413. 373.416, 373.426 FS. History---New

40C-400.215 General Conditions for all Noticed General
Permits.
(1) The terms, conditions, requirements, limitations, and
restrictions set forth in this section are general permit
conditions and 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 revocation of the permitted's right to conduct
such activity under the general permit. The District may 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. 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.
(4) 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.


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(5) 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.
(6) The general permit may be modified, suspended or
revoked in accordance with chapter 120, and section 373.429,
F.S.
(7) This permit shall not be transferred to a third party
except pursuant to section 40C-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.
(8) Upon reasonable notice to the permitted, District
authorized 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.
(9) The permitted shall maintain any permitted system in
accordance with the plans submitted to the District
(10) A permitted's right to conduct a specific noticed
activity under this noticed general permit is authorized for a
duration of five years.
(11) 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 17-4.242(1)(a) and (b), 17-4.242(2) and
(3), and 17-302.300, 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 the
receiving waterbuck exists due to the permitted work.


Turbidity barriers shall remain in place and shall be maintained
in a functional condition 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.
(12) 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.
(13) The permitted shall immediately notify the District in
writing of any previously submitted information that is later
discovered to be inaccurate.
Specific Authority 373.044. 373'.113. 373.118 FS. Law Implemented 373.118.
373.129. 373.136. 373.413. 373.416, 373.422. 373.426. 373.430 FS. History-
New

40C-400.417 General Permit for Installation or
Maintenance of Boat Ramps and Associated Accessory Docks.
(1) A general permit is hereby granted to any person for
installation or maintenance of a boat ramp and the associated
accessory docks; provided:
(a) this general permit shall apply to only those boat ramps
not exempt from permitting pursuant to section 403.813(2)(c),
F.S., or section 40C-4.051. F.A.C.;
(b) no structure shall be authorized by this general permit
in waters that are accessible to manatees in the following
counties: Brevard, Broward, Dade, Duval, Charlotte. Citrus,
Clay, Collier, Hillsborough. Indian River, Lake, Lee, Manatee,
Martin. Palm Beach, Pinellas, Putnam, St. Lucie, Sarasota,
Seminole, or Volusia, excluding the portions of those waters
that are upstream of water control structures that preclude the
passage of manatees, and inland waterbodies with no
connection to coastal waters;
(c) no ramp or accessory dock shall be installed under this
general permit unless navigational access to the proposed ramp
exists;
(d) there shall be no filling of wetlands or other surface
waters, other than the actual boat ramp surface and incidental
filling associated with recontouring the land under the ramp to
create a smooth grade, and pilings for associated accessory
docks;
(e) the proposed ramp shall not exceed a width of 35 feet;
(f) the installation or use of the boat ramp and accessory
docks shall not interfere with navigation in the water body;
(g) the above-water, level portion of the ramp shall be
landward of the mean or ordinary high water line:


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(h) all spoil material shall be deposited on self-contained
upland spoil site which shall be located so as to prevent the
escape of spoil material into wetlands or other surface waters:
(i) maintenance dredging shall be limited to that amount
of material necessary to restore the ramp to its original
configuration and dimension;
(i) a maximum of two accessory docks, located adjoining
to 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 and
no part of the structure shall be located over submerged
grasses:
(k) there shall be no dredging or filling of submerged
grassbeds, living stony corals or soft corals:
(1) there shall be no dredging or filling of more than 500
square feet of wetlands or other surface waters, nor shall more
than 500 square feet of new surface waters be created as a
result of the activity: and
(m) the boat ramp, including the adjoining upland facility,
shall not exceed a total size of one acre, and shall not be part of
a larger plan of development which requires an environmental
resource permit.
(2) This general permit shall be subject to the following
specific conditions:
(a) Turbidity curtains or similar devices shall be utilized
during construction to prevent violation of state water quality
standards.
(b) The installation of a boat ramp or accessory docks does
not obligate the District to approve any subsequent request to
dredge for navigational access.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118,
373.413. 373.416. 373.426 FS. History-New

40C-400.419 General Permit to Florida Game and Fresh
Water Fish Commission for the Alteration or Maintenance of
Existing Boat Ramps and the Construction or Alteration of
Accessory Docks for Existing Ramps.
(1) A general permit is hereby granted to the Florida Game
and Fresh Water Fish Commission for altering or maintaining
existing boat ramps and for constructing or altering accessory
docks at existing boat ramps, provided:
(a) navigational access exists to the ramp that does not
require crossing through water depths that are less than 3 feet
at any time throughout the year,
(b) navigational access to the ramp does not require
passage over submerged grassbeds, coral communities, or
oyster or clam communities that are located within 100 feet of
the ramp:


(c) there will be no dredging or filling within 20 feet of
any submerged grassbeds. coral communities, or oyster or
clam communities:
(d) there will be no filling other than that required for the
actual boat ramp surface, incidental filling associated with
recontouring the land under the ramp, and pilings for accessory
docks-
(e) there will be no dredging other than that required to
alter or uncover the ramp, and the amount of material dredged
is less than 100 cubic yards;
(f) the improvement or use of the improved boat ramp
does not interfere with navigation in the water body:
(g) the above-water portion of the ramp is landward of the
mean high water line (for tidal waters) or the average high
water line (for non-tidal waters):
(h) accessory docks shall dot be constructed or altered
such that there are more than two accessory docks at each
ramp, one adjoining each side of the ramp, or such that the total
area of the accessory docks over wetlands or other surface
waters exceeds 1000 square feet:
(i) accessory docks being constructed or altered shall not
be more than six feet wide:
(i) the driving surface of an enlarged boat ramp does not
consist of more than two lanes, does not extend more than 40
feet waterward of the mean high water line (for tidal waters) or
the mean annual high water line (for non-tidal waters), and
each lane does not exceed 16 feet in width: and
(k) the total width of an enlarged boat ramp, including the
hardened side slopes, does not exceed 50 feet for a double lane
ramp and 34 feet for a single lane ramp.
(2) This general permit shall be subject to the following
specific conditions:
(a) turbidity curtains or similar devices shall be utilized to
prevent violation of state water quality standards:
(b) all spoil material that results from the improvement or
maintenance of the boat ramp and access channel shall be
deposited on self-contained upland spoil sites, which shall be
designed and located to prevent the escape of spoil material or
the discharge of other pollutants into wetlands and other
surface waters such that state water quality standards are not
violated-
(c) the use of the accessory docks shall be limited to
temporary boat launching and loading, and shall not be used
for overnight mooring;
(d) there shall be no increase in parking spaces associated
with the use of this general permit:
(e) the improvement of a boat ramp does not obligate the
District or department to approve any subsequent request to
dredge for navigational access: and


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(f) to provide reasonable assurance that the construction
activities will not violate water quality standards, a narrative
which describes the erosion and turbidity control measures to
be used and the plans for stabilization of soil surfaces that are
disturbed during construction shall be submitted with- the
notice of intent to use the general permit required in subsection
40C-400.211(2), F.A.C.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118.
373.413. 373.416. 373.426 FS. History-New

40C-400.427 General Permit for Certain Piers and
Associated Structures.
(1) A general permit is hereby granted to any person to
construct or extend piers and construct associated structures as
described below:
(a) construction or extension of private, single-family
piers along with the construction or extension of boat lifts, boat
houses, terminal platforms, and gazebos attached to the private,
single family pier where the pier and associated boat lift. boat
house, terminal platform, and gazebo:
1. does not accommodate the mooring of more than two
water craft;
2. does not, by itself and with existing structures, exceed a
total area of 2.000 square feet; and
3. is located in waters that provide a minimum of 3 feet of
water depth at all times throughout the year in all areas
designed to accommodate boat mooring, and a minimum of 3
feet of water depth below mean low water or ordinary low
water between the boat mooring area and deeper waters that
are customarily used for boat navigation:
(b) construction of 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": and
(c) the removal of the structures authorized herein.
(2) This general permit shall be subject to the following
specific conditions:
(a) construction of the boat house, boat shelter, boat lift.
gazebo, or terminal platforms, shall not occur over submerged
grassbeds, living stony coral, soft coral or wetlands. In
addition, the boat mooring location shall not be over
submerged grassbeds, living stony coral, soft coral 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 interfere with
navigation in the water body;
(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;
(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; and
(g) turbidity curtains or similar devices shall be used
during the construction or removal of the structures authorized
herein to prevent violations of state water quality standards.
Specific Authority 373.044, 373.113. 373.118 FS. Law Implemented 373.118,
373.413. 373.416. 373.426 FS. History-New

40C-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;


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(g) the amount of wetland area filled shall not exceed 100
square feet: and
(h) there shall be no filling of stony coral or soft coral.
(2) This general permit shall be subject to the specific
conditions as follows:
(a) turbidity curtains or similar devices where appropriate
shall be utilized during construction to prevent violation of
state water quality standards;
(b) installation of the structure does not obligate the
District to approve any subsequent request to dredge for
navigational access:
(c) there shall be no backfilling to obtain useable upland or
to straighten an otherwise sinuous shoreline; and
(d) there shall be no filling or backfilling to reclaim land
lost by avulsion or erosion.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118.
373.413. 373.416. 373.426 FS. History-New

40C-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 FS. Law Implemented 373.118.
373.413. 373.416. 373.426 FS. History-New


40C-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 driveway or
roadway which crosses an artificial waterway provided:
(a) this general permit shall apply only to wholly artificial,
non-navigable drainage conveyances within wetlands and
other surface waters:
(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, roadway or bridge crossing
the waterway shall not exceed 50 feet top of bank to top of
bank:
(f) the top width of the driveway, roadway, or bridge shall
not exceed 75 feet and the toe to toe width shall not exceed 100
feet and the side slopes shall be not 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 40C-4. 40C-40, 40C-42. or
40C-44. FA.C., as applicable;
(h) there shall be no additional dredging, filling, or
construction activities, except as exempted by statute or rule,
and those directly involved in the construction or maintenance
of the proposed crossing or bridge: and
(i) the maintenance of the roadway, driveway 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) Turbidity curtains or similar devices shall be utilized,
as required, to prevent violations of state water quality
standards:
(b) 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: and
(c) 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,


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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 to the following
activities or conditions where:
(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 by
statute or rule.
Specific Authority 373.044, 373.113. 373.118 FS. Law Implemented 373.118.
373.413. 373.416, 373.426 FS. History-New

40C-400.443 General Permit to the Florida Department of
Transportation for Minor Bridge Alteration, Replacement,
Maintenance and Operation
(1) A general permit is hereby granted to the Florida
Department of Transportation 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 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 40C-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 may not be constructed waterward
of mean high water or ordinary high water;
(d) all temporary fill in wetlands shall be regraded to
original elevations and revegetated with native wetland species
endemic to adjoining, undisturbed wetlands, within 72 hours of
completion of construction. These replanted wetland areas
shall be maintained until satisfactory revegetation occurs. For
the purposes of this general permit, "satisfactory revegetation"
means that the herbaceous communities that are disturbed
under this general permit shall have achieved not less than 33
percent cover of planted or naturally reestablished herbaceous
species within one growing season following disturbance of
the site, and the forested communities that are disturbed under
this general permit shall be achieving a survival and growth of
not less than 400 trees per acre within one growing season
following disturbance of the site, and a maintenance plan has
been developed and is "being implemented to ensure the
survival of the planted or naturally reestablishing wetland
species. The restored site shall be maintained free of any new
growth of Schinus terebinthifolius (Brazilian pepper),
Melaleuca quinquenervia (Punk tree), and Casuarina spp.
(Australian pine). The restored site shall also be managed in a
manner where Typha spp. (cattails) shall not be permitted to
manifest vegetative dominance to a degree which would result
in water quality violations:
(e) hydraulic openings of new bridges constructed under
paragraph (1)(a) above shall be sufficient to prevent
downstream scour, increased downstream water velocities, and
significant backwater conditions upstream of the bridge
structure;
(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 as soon as possible
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;
(i) this general permit does not authorize the use of
dredged material for roadway construction;


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(k) the permitted shall use best management practices,
including turbidity curtains or similar devices, in strict
adherence to the Florida Department of Transportation
"Standard Specifications for Road and Bridge Construction,
Edition of 1991" 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 40C-4, 40C-40,
40C-42 or 40C-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.
Specific Authority 373.044, 373.113. 373.118 FS. Law Implemented 373.118.
373.413. 373.416. 373.426 FS. History-New

40C-400.447 General Permit to the Florida Department of
Transportation (FDOT) for Minor Activities Within Existing
FDOT Rights-of-Way or Easements.
(1) A general permit is hereby granted to the Florida
Department of Transportation 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
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 letting 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 best management practices,
including turbidity curtains or similar devices, in strict
adherence to the Florida Department of Transportation
"Standard Specifications for Road and Bridge Construction,
Edition of 1991" 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) Any area outside of the project area which is disturbed
by the permitted construction activities shall be restored to its
pre-construction state;


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(d) In addition to complying with the notice provisions of
section 40C-400.211, F.A.C.. at least 90 days prior to
commencement of construction, the permitted shall notify the
appropriate District office of the date the permitted
construction activities are planned to begin and within 90 days
following completion of construction the permitted shall notify
the District of the date construction activities are completed:
(e) 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; and
(f) 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 chapter 40C-4, 40C-40.
or 40C-42. F.A.C., as applicable. before the start of
construction.
Specific Authority 373.044, 373.113. 373.118 FS. Law Implemented 373.118,
373.413. 373.416. 373.426 FS. History-New

40C-400.453 General Permit for Underground Cable,
Conduit, or Pipeline
(1) A general permit is hereby granted for the installation
and removal of underground cable, conduit or pipeline that
transmits 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 disturbance 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;
(c) 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 is
not of such a magnitude or duration as to adversely affect water
resources;
(i) erosion control devices shall be used to prevent
turbidity, sedimentation, and erosion into adjacent wetlands
and other surface waters. All construction activities shall be
conducted in a manner so as to prevent violations of state water
quality standards during or after construction;
(i) temporary spoil banks shall contain breaches that
prevent impoundment or restriction of surface water flows:
(k) this general permit does not authorize the installation
of conduit for draining wetlands or other surface waters;
(1) 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;
(m) vehicle usage in wetlands and other surface waters
shall be conducted so as to minimize tire rutting and erosion
impacts:
(n) for purposes of this general permit, vehicular access in
wetlands and other surface waters shall be limited to existing
roads, trails, rights-of-way or easements, and to other
previously disturbed corridors where they exist:
(o) this general permit shall not apply in Outstanding
Florida Waters, Outstanding National Resource Waters,
Aquatic Preserves, or Class I waters: and
(p) during the initial clearing event and when 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.


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