Title: Suwannee River Water Management District
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 Material Information
Title: Suwannee River Water Management District
Physical Description: Book
Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Suwannee River Water Management District (JDV Box 95)
General Note: Box 20, Folder 2 ( Water Management Districts - ERP'S - 1994 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004334
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



This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.


SUWANNEE RIVER WATER MANAGEMENT DISTRICT


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RULE CHAPTER NO.:

40B-400, F.A.C.

40B-400.021, F.A.C.
40B-400.046, F.A.C.
40B-400.051, F.A.C.


40B-400.091,
40B-400.101,
40B-400.103,


F.A.C.
F.A.C.
F.A.C.


RULE CHAPTER TITLE:
Environmental Resource Permits
Permits
PART I: GENERAL PROVISIONS
Definitions
Formal Determinations
Exemptions
Publications and Agreements Incorporated by
Reference
Content of Application
Conditions for Issuance of Permits
Additional Conditions for Issuance of Permits
for Activities In, On or Over Surface Waters
or Wetlands
Limiting Conditions
Variances


PART II: NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS
Policy and Purpose 40B-400.201, F.A.C.
Permit Application Processing Procedures 40B-400.211, F.A.C.
General Conditions for All Noticed General
Permits 40B-400.215, F.A.C.
General Permit for Construction, Alteration, or
Maintenance of Boat Ramps and Associated
Accessory Docks 40B-400.417, F.A.C.
General Permit for Certain Piers and
Associated Structures 40B-400.427, F.A.C.
General Permit for Installation of Riprap 40B-400.431, F.A.C.
General Permit for the Installation of
Fences 40B-400.437, F.A.C.
General Permit for the Construction or
Maintenance of Culverted Driveway or
Roadway Crossings and Bridges of
Artificial Waterways 40B-400.439, F.A.C.
General Permit to the Florida Department
of Transportation, Counties and Municipalities
for Minor Bridge Alteration, Replacement,
Maintenance and Operation 40B-400.443, F.A.C.
General Permit to the Florida Department of
Transportation, Counties and Municipalities
for Minor Activities Within Existing
Rights-of-Way or Easements 40B-400.447, F.A.C.
General Permit for Underground Cable, Conduit,
or Pipeline 40B-400.453, F.A.C.
General Permit for the Construction of Aerial
Pipeline, Cable, and Conduit Crossings of
Certain Waters 40B-400.455, F.A.C.
General Permit for Subaqueous Utility Crossing
of Artificial Waterways 40B-400.457, F.A.C.


August 29, 1994
Suwannee River Water Management District


40B-400.104, F.A.C.
40B-400.115, F.A.C.
40B-400.191, F.A.C.








This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.


General Permit for the Construction and Operation
of Culverts and Associated Water Control
Structures in Mosquito Control Impoundments by
Governmental Mosquito Control Agencies 40B
General Permit for Breaching Mosquito Control
Impoundments by Governmental Mosquito Control
Agencies 40B
General Permit for Minor Activities 40B
General Permit to the Department and Water
Management Districts to Conduct Minor
Activities 40B
General Permit to the Department and Water
Management Districts for Environmental
Restoration and Enhancement 40B
General Permit to the Department and Water
Management Districts to Change Operating
Schedules for Department or District Water
Control Structures 40B
General Permit to U.S. Forest Service for
Minor Works within National Forests 40B
General Permit After Notice for Construction,
Operation, Maintenance, Alteration, Abandonment
or Removal of Minor Silvicultural Surface Water
Management Systems 40B


-400.463, F.A.C.


-400.467, F.A.C.
-400.475, F.A.C.


-400.483, F.A.C.


-400.485,



-400.487,

-400.495,



-400.500,


F.A.C.



F.A.C.

F.A.C.



F.A.C.


PART I
GENERAL PROVISIONS
40B-400.021 Definitions. The definitions set forth in section
40B-4.1020, F.A.C., shall apply to this chapter. Additionally, as
used in this chapter:
(1) "Aquatic preserves" means those areas designated in Part
III, Chapter 258, F.S.
(2) "Coral" means living stony coral and soft coral.
(3) "Creation" means the establishment of new wetlands or
surface waters by conversion of other land forms.
(4) "Drainage basin" means a subdivision of a watershed.
(5) "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.
(6) "Enhancement" means improving the ecological value of
wetlands, other surface waters, or uplands that have been degraded
in comparison to their historic condition.
(7) "Forested wetlands" means those wetlands where the
canopy coverage by trees with a diameter at breast height of
greater than 4 inches is greater than 10 percent, as well as those
areas required to be planted with tree species to establish or
reestablish forested wetlands pursuant to a permit issued or
enforcement action taken, under rules adopted under Part IV of
Chapter 373, F.S., or Sections 403.91-403.929, F.S. (1984 Supp.)
as amended, and those areas where the canopy has been temporarily
removed but are expected to revegetate to a forested wetland if
use of the area would remain unchanged.

August 29, 1994
Suwannee River Water Management District 2






This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 (8) "Herbaceous wetlands" means those wetlands dominated by
2 non-woody vegetation that have less than a 10 percent canopy
3 coverage of trees with a diameter at breast height of greater than
4 4 inches.
5 (9) "Isolated wetland" means any wetland without a direct
6 hydrologic connection to a lake, stream, estuary, or marine water.
7 (10) "Listed species" means those animal species which are
8 endangered, threatened or of special concern and are listed in
9 sections 39-27.003, 39.27.004, and 39.27.005, F.A.C., and those
10 plant species listed in 50 Code of Federal Regulation 17.12.
11 (11) "Materials" means matter of any kind, such as sand,
12 clay, silt, rock, dredged material, construction debris, solid
13 waste, pilings or other structures, ash, and residue from
14 industrial and domestic processes. The term shall not include the
15 temporary use and placement of lobster pots, crab traps, or
16 similar devices or the placement oyster cultch pursuant to section
17 370.16, Florida Statutes, or Rule 16B-5, Florida Administrative
18 Code.
19 (12) "Mitigation" means an action or series of actions to
20 offset the adverse impacts that would otherwise cause a regulated
21 activity to fail to meet the criteria set forth in ss.40B-
22 400.103(1) (d) and (f) and s.40B-400.104, F.A. C. Mitigation
23 usually consists of restoration enhancement, creation,
24 preservation, or a combination thereof.
25 (13) "Preservation" means the protection of wetlands, other
26 surface waters or uplands from adverse impacts by placing a
27 conservation easement or other comparable land use restriction
S28 over the property or by donation of fee simple interest in the
:9 property to an appropriate entity.
30 (14) "Regulated activity" means the construction, alteration,
31 operation, maintenance, abandonment or removal of a system
32 regulated pursuant to Part IV, Chapter 373,.F.S.
33 (15) "Restoration" means converting back to historic
34 condition those wetlands, surface waters, or uplands which
35 currently exist as a land form which differs from the historic
36 condition.
37 (16) "Riprap" is a sloping retaining or stabilizing structure
38 made to reduce the force of waves and to protect the shore from
39 erosion, and consists of unconsolidated boulders, rocks, or clean
40 concrete rubble with no exposed reinforcing rods or similar
41 protrusions.
42 (17) "Species of special concern" means those species listed
43 in Section 39-27.005, F.A.C.
44 (18) "Submerged grassbeds" means any native, herbaceous,
45 submerged vascular plant community that is growing on the bottoms
46 of surface waters waterward of the mean high water line or
47 ordinary high water line.
48 (19) "Surface water management system or System" means a
49 stormwater management system, dam, impoundment, reservoir,
50 appurtenant work, or works, or any combination thereof. The terms
51 "surface water management system" or "system" include areas of
52 dredging or filling, as those terms are defined in subsections


August 29, 1994
Suwannee River Water Management District







This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 373.403(13) and 373.403(14), F.S.
2 (20) "Threatened species" means those animal species listed
3 in section 39-27.004, F.A.C.
4 (21) "Vertical seawall" is a seawall the waterward face of
5 which is at a slope greater than 75 degrees to the horizontal. A
6 seawall with sloping riprap covering the waterward face to the
7 mean high water line shall not be considered a vertical seawall.
8 Specific Authority 373.044, 373.113, 373.118 FS.
9 Law Implemented 373.118, 373.413, 373.416, 373.426 FS.
10 History--New
11
12 40B-400.046 Formal Determination.
13 (1) Pursuant to subsection 373.421(2), F.S., a real property
14 owner, an entity that has the power of eminent domain, or any
15 other person who has a legal or equitable interest in real
16 property may petition the District for a formal determination for
17 that property. A formal determination means the District will
18 determine the locations on the property of the landward extent
19 (boundaries) of wetlands and other surface waters defined in
20 Chapter 17-340, F.A.C., as ratified in section 373.4211, F.S..
21 (2) To petition for a formal determination, the petitioner
22 must submit to the District the following:
23 (a) three completed copies of the appropriate District form
24 listed in section 40B-1.901, F.A.C., including copies of all items
25 required by that form, and
26 (b) a non-refundable formal determination fee as prescribed
27 in section 40B-1.706, F.A.C.
28 (3) (a) Within 30 days of receipt of a petition for a formal
29 determination, the District shall notify the petitioner of any
30 additional information which may be necessary to complete review
31 of the petition. The District shall complete the determination and
32 shall issue a notice of intended agency action within 60 days
33 after the petition is deemed complete. The District shall publish
34 the notice of intended agency action on the petition in a
35 newspaper of general circulation in the county or counties where
36 the property is located.
37 (b) The provisions of sections 120.57 and 120.59, F.S., apply
38 to formal determinations made pursuant to this section. Any
39 person whose substantial interests will be affected by the
40 District's proposed action on the petition may request an
41 administrative hearing on the proposed action pursuant to section
42 40B-1.511, F.A.C. If no request for an administrative hearing is
43 filed, the District will then take final action on the petition
44 for the formal determination.
45 (4) A petitioner can request a formal determination
46 consisting of a certified survey, an approximate delineation, or
47 combinations thereof as described in subsection 12.5.2 of the
48 Applicant's Handbook: Environmental Resources Permits adopted by
49 reference in section 40B-400.091, F.A.C.
50 (5) The executive director is delegated the authority to take
51 final action on petitions for formal determinations under this
52 section. The executive director shall issue a formal determination

August 29, 1994
Suwannee River Water Management District 4


_






This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 only if the petitioner has satisfied all the requirements of this
2 section.
3 (6) A formal determination shall be binding for five years
4 provided physical conditions on the property do not change so as
5 to alter the boundaries of the wetlands and other surface waters
6 during that period.
7 (7) A petition for a new formal determination for a property
8 for which a formal determination already exists shall require the
9 reduced fee set forth in section 40B-1.706, F.A.C., provided:
10 (a) physical conditions on the property have not changed so
11 as to alter the boundaries of the wetlands and other surface
12 waters during that period;
13 (b) the rules setting forth the methodology used to
14 delineate the landward extent of wetlands or other surface waters
15 has not changed since the previous formal determination; and
16 (c) the petition is submitted within 60 days prior to the
17 existing determination's expiration.
18 (8) Pursuant to subsection 373.421(4), F.S., the Governing
19 Board may revoke the formal determination upon a finding that the
20 petitioner has submitted inaccurate information to the District.
21 Specific Authority 373.044, 373.113, 373.118 FS.
22 Law Implemented 373.118, 373.413, 373.416, 373.426 FS.
23 History--New
24
25 40B-400.051 Exemptions.
26 (1) Exemptions are as found in Section 373.406, Florida
S27 Statutes.
?8 (2) No permit shall be required under Chapters 40B-4, or
Z9 40B-400, F.A.C, for the following activities:
30 (a) The repair or replacement of existing functional pipes
31 or culverts the purpose of which is the discharge or conveyance of
32 stormwater. In all cases, the invert elevation, the diameter, and
33 the length of the culvert shall not be changed. However, the
34 material used for the culvert may be different from the original
35 material. This exemption does not authorize the repair,
36 replacement, or alteration of dam's spillways or appurtenant
37 works, nor construction activities or procedures that cause
38 violation of water quality standards as set forth in Chapter 17-
39 302 and Rule 17-4.242, F.A.C.
40 (b) The performance of maintenance dredging of existing
41 manmade canals, channels, basins, berths, and intake and discharge
42 structures, where the spoil material is to be removed and
43 deposited on a self-contained, upland spoil site which will
44 prevent the escape of the spoil material and return water from the
45 spoil site into wetlands or other surface waters, provided no more
46 dredging is performed than is necessary to restore the canal,
47 channels, basins, berths, and intake and discharge structures to
48 original design specifications, and provided that control devices
49 are used at the dredge site to prevent turbidity and toxic or
50 deleterious substances from discharging into adjacent waters
51 during maintenance dredging. This exemption shall apply to all
52 canals constructed before April 3, 1970, and to those canals

August 29, 1994
Suwannee River Water Managemnt District 5







This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 constructed on or after April 3, 1970, pursuant to all necessary
2 state permits. This exemption shall not apply to the removal of a
3 natural or manmade barrier separating a canal or canal system from
4 adjacent wetlands or other surface waters. Where no previous
5 permit has been issued by the Board of Trustees of the Internal
6 Improvement Trust Fund, the Department, the District or the United
7 States Army Corps of Engineers for construction or maintenance
8 dredging of the existing manmade canal, channel, basin, berth or
9 intake or discharge structure, such maintenance dredging shall be
10 limited to a depth of no more than 5 feet below mean low water.
11 (c) The maintenance of functioning insect control
12 structures, and the maintenance of functioning dikes and
13 functioning irrigation and drainage ditches, including roadway
14 drainage ditches, provided:
15 1. The spoil material is deposited on a self-contained
16 upland spoil site which will prevent the escape of the spoil
17 material and return water into wetlands or other surface waters.
18 2. In the case of insect control structures, if the cost of
19 using a self-contained upland spoil site is so excessive as
20 determined by the Department of Agriculture and Consumer Services,
21 pursuant to Subsection 403.088(1), Florida Statutes, that it will
22 inhibit the proposed insect control, existing spoil sites or dikes
23 may be used, upon notification to the District. In the case of
24 insect control where upland spoil sites are not used pursuant to
25 this exemption, turbidity control devices shall be used to confine
26 the spoil material discharge to that area previously disturbed
27 when the receiving body of water is used as a potable water
28 supply, is designated as approved, conditionally approved,
29 restricted or conditionally restricted waters for shellfish
30 harvesting by the Department, or functions as a habitat for
31 commercially or recreationally important shellfish or finfish.
32 3. In all cases, no more dredging is to be performed than
33 is necessary to restore the dike or irrigation or drainage ditch
34 to its original design specifications.
35 4. This exemption shall apply to manmade trenches dug for
36 the purpose of draining water from the land or for transporting
37 water for use on the land and which are not built for navigational
38 purposes.
39 (d) Maintenance of minor silvicultural surface water
40 management systems as described in subsection 40B-400.500(4),
41 F.A.C., which were permitted under Part IV of Chapter 373, F.S. or
42 were constructed prior to the requirements for a permit under this
43 part, provided such maintenance is conducted in accordance with
44 the performance standards set forth in section 40B-400.500(5),
45 F.A.C.
46 (e) The restoration of less than 100 feet in length of
47 existing insect control impoundment dikes and the connection of
48 such impoundments to tidally influenced waters. Such impoundments
49 shall be connected to tidally influenced waters for at least 6
50 months each year, beginning September 1 and ending February 28 if
51 feasible, or operated in accordance with an impoundment management
52 plan approved by the District. The connection shall be of

August 29, 1994
Suwannee River Water Management District 6







This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 sufficient cross-sectional area to allow beneficial tidal
2 influence. Restoration shall involve no more dredging than
3 needed to restore the dike to original design specifications, and
4 such that the final elevation of the dredge area shall be within
5 two feet of immediately adjacent bottom elevations. For the
6 purposes of this paragraph, restoration shall not include
7 maintenance of impoundment dikes of insect control impoundments.
8 (f) The installation, replacement or repair of mooring
9 pilings and dolphins associated with private docking facilities.
10 (g) The installation of private docks of 1000 square feet or
11 less of surface area over wetlands or other surface waters or 500
12 square feet or less of surface area over wetlands or other surface
13 waters for docks which are located in Outstanding Florida Waters.
14 This exemption shall include the construction of structures above
15 the dock area, such as gazebos and boat shelters, provided such
16 structures are not enclosed with walls and doors, are not used for
17 living, commercial purposes, or storage of materials other than
18 those associated with recreational use, and provided the
19 structures do not exceed, together with the docking facility, the
20 total area limitations above. To qualify for this exemption, any
21 such dock and associated structure:
22 1. Shall be used for recreational, non-commercial
23 activities;
24 2. Shall be constructed or held in place by pilings,
25 including floating docks, so as not to involve filling or dredging
26 other that necessary to install the pilings;
27 3. Shall not substantially impede the flow of water,or
18 create a navigational hazard; and
29 4. Shall be the sole dock constructed pursuant to this
30 exemption as measured along the shoreline for a minimum distance
31 of 65 feet, unless the parcel of land or individual lot as platted
32 is less than 65 feet in length along the shoreline, in which case
33 there may be one exempt dock allowed per parcel or lot. For the
34 purposes of this paragraph, multi-family living complexes and
35 other types of complexes or facilities associated with the
36 proposed private dock shall be treated as one parcel of property
37 regardless of the legal division of ownership or control of the
38 associated property. Construction of a private dock under this
39 exemption does not require the District to issue a subsequent
40 permit to construct a channel to provide navigational access to
41 the dock. Activities associated with a private dock shall include
42 the construction of structures attached to the pier which are only
43 suitable for the mooring or storage of boats (i.e., boatlifts).
44 Nothing in this paragraph shall prohibit the Department from
45 taking appropriate enforcement action pursuant to chapter 403,
46 F.S., to abate or prohibit any activity otherwise exempt from
47 permitting pursuant to this paragraph if the Department can
48 demonstrate that the exempted activity has caused water pollution
49 in violation of chapter 403, F.S.
50 (h) Construction of private docks in artificially created
51 waterways where construction will not violate water quality
52 standards, impede navigation, or adversely affect flood control.


August 29, 1994
Suwannee River Water Management District








This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 (i) The replacement or repair of existing docks and mooring
2 piles, provided:
3 1. No fill material other than the piles is used;
4 2. The replacement or the repaired dock or mooring pile is
5 in the same location and of the same configuration and dimensions
6 as the dock or mooring pile being replaced or repaired; and
7 3. The dock or mooring pile must be functional and able to
8 provide access to boats moored at the dock or pile before this
9 exemption may be used unless such dock or mooring pile has been
10 rendered nonfunctional by a discrete event, such as a storm,
11 flood, accident or fire.
12 (j) The installation and maintenance to design
13 specifications of boat ramps on artificial bodies of water where
14 navigational access to the proposed ramp exists, or the
15 installation and maintenance to design specifications of boat
16 ramps open to the public in any wetlands or other surface waters
17 where navigational access to the proposed ramp exists and where
18 the construction of the proposed ramp will be less than 30 feet
19 wide and will involve the removal of less than 25 cubic yards of
20 material from the wetlands or other surface waters, and the
21 installation of docks with an area of 500 square feet or less over
22 wetlands or other surface waters that are associated with and
23 adjoining the boat ramps constructed pursuant to this exemption.
24 All material removed shall be placed upon a self-contained upland
25 site so as to prevent the escape of the spoil material and return
26 water from the spoil site into the wetlands or other surface
27 waters. For the purpose of this exemption, artificial bodies of
28 water shall include, residential canal systems, canals permitted
29 by a District created under Section 373.069, F.S., and
30 artificially created portions of the Florida Intracoastal
31 Waterway.
32 (k) Construction of seawalls or riprap, including only that
33 backfilling needed to level the land behind seawalls or riprap, in
34 artificially created waterways, where such construction will not
35 violate existing water quality standards, impede navigation or
36 adversely affect flood control. An artificially created waterway
37 is defined as a body of water that has been totally dredged or
38 excavated and which does not overlap natural wetlands or other
39 surface waters. For the purpose of this exemption, artificially
40 created waterways shall also include existing residential canal
41 systems. This exemption does not apply to the construction of
42 vertical seawalls in estuaries or lagoons unless the proposed
43 construction is within an existing man-made canal where the
44 shoreline is currently occupied in whole or in part by vertical
45 seawalls.
46 (1) The restoration of a seawall or riprap at its previous
47 location or upland of or within one foot waterward of its previous
48 location. No filling can be performed except in the actual
49 restoration of the seawall or riprap. No construction shall be
50 undertaken without necessary title or leasehold interest,
51 especially where private and public ownership boundaries have
52 changed as a result of natural occurrences such as accretion,

August 29, 1994
Suwannee River Water Management District 8






This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 reliction and natural erosion. Restoration and repair shall be
2 performed using the criteria set forth in Section 373.414(5), F.S.
3 This exemption shall be limited to functioning seawalls or riprap.
4 This exemption shall not constitute an exception from the
5 permitting requirements of Chapter 161, F.S.
6 (m) The construction of private vertical seawalls in
7 wetlands or other surface waters, other than in an estuary or
8 lagoon, and the construction of riprap revetments, where such
9 construction is between and adjoins at both ends existing seawalls
10 or riprap, follows a continuous and uniform construction line with
11 the existing seawalls or riprap, is no more than 150 feet in
12 length, does not violate water quality standards, impede
13 navigation, or adversely affect flood control. However, this
14 exemption shall not affect the permitting requirements of Chapter
15 161, F.S. Construction shall be in accordance with Section
16 373.414(5), F.S.
17 (n) The installation of subaqueous transmission and
18 distribution lines laid on, or embedded in, the bottoms of
19 wetlands or other surface waters, except in Class I and Class II
20 waters and aquatic preserves, provided that no dredging or filling
21 is necessary.
22 (o) The replacement or repair of subaqueous transmission and
23 distribution lines laid on, or embedded in, the bottoms of
24 wetlands or other surface waters.
25 (p) Activities necessary to preserve, restore, repair,
26 remove, or replace an existing communication or power pole or
27 line, provided that the work does not involve dredge and fill
28 activities other than the removal of the existing structure and
29 the installation of the new structure, and, in the case of a power
30 pole or line, the activity does not increase the voltage of
31 existing power lines. An activity does not qualify to use this
32 exemption if it results in relocation of an existing structure or
33 facility more than 10 feet in any direction from its original
34 location, or if it involves that construction of new power or
35 telephone lines or the repair and replacement of existing
36 structures that require dredge and fill activities in order to
37 provide access to the site.
38 (q) The replacement or repair of existing open-trestle foot
39 bridges and vehicular bridges that are 100 feet or less in length
40 and two lanes or less in width, provided:
41 1. No more dredging or filling in wetlands or other surface
42 waters is performed than that necessary to replace or repair
43 pilings;
44 2. The structure to be replaced or repaired is the same
45 length, the same configuration, and in the same location as the
46 original bridge; and
47 3. No debris from the original bridge shall be allowed to
48 remain in wetlands or other surface waters.
49 (r) The installation and maintenance of intake and discharge
50 pipes associated with marine bivalve facilities that have an
51 industrial wastewater general permit, pursuant to Rule 17-660.821,
52 F.A.C., shall be regulated by the Department under part IV of

August 29, 1994
Suwannee River Water Managemnt District 9








This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 chapter 373, F.S.
2 (s) The installation of aids to navigation, including bridge
3 fender piles, "No Wake" and similar regulatory signs, and buoys
4 associated with such aids, provided that the devices are marked in
5 accordance with Section 327.40, F.S.
6 (t) The use of rotenone, by the Florida Game and Fresh Water
7 Fish Commission, in conducting tests related to its responsibility
8 regarding fish management. The chemical selected shall be used at
9 no more than the strength approved by the EPA label. In addition,
10 the chemical shall be used only under the direct on-site
11 supervision of a staff member of the Florida Game and Fresh Water
12 Fish Commission.
13 (u) Construction of freshwater fish attractors by Florida
14 Game and Fresh Water Fish Commission, U.S. Forest Service, and
15 county and municipal governments, provided that the material to be
16 used shall be clean concrete, rock, brush, logs, or trees, and
17 shall be free of soils, preservatives, oil, greases, debris,
18 litter, putrescible substances, "white goods," asphalt material,
19 tires, or other pollutants, and shall be firmly anchored to the
20 bottom of the waterbody. The size of an individual fish attractor
21 shall not exceed one quarter of an acre in area. The material
22 shall be placed so that the top of the fish attractor is at least
23 three (3) feet below the surface of the water at mean annual low
24 water and shall be outside any posted navigational channels. No
25 fish attractor material shall be placed on or in areas vegetated
26 by native aquatic vegetation. The site shall be marked with a buoy
27 or buoys to ensure that no material is deposited outside of the
28 site.
29 (v) Installation of piling support structures associated
30 with water testing or monitoring equipment by the Department or
31 the District, provided that flow or navigation are not impeded.
32 (w) The construction or maintenance of culverted driveway or
33 roadway crossings and bridges of artificial waterways, provided:
34 1. this exemption shall apply only to wholly artificial,
35 non-navigable drainage conveyances;
36 2. the construction project area shall not exceed one acre,
37 and the construction shall be for a discrete project that is not
38 part of a larger plan of development which requires permitting
39 under Chapters 40B-4, 40B-400, F.A.C., or this chapter;
40 3. the artificial waterway in existing condition shall be
41 not more than 4 feet deep, measured from the top of bank to the
42 bottom of the artificial waterway;
43 4. the person performing the exempt activity shall ensure
44 that the size and capacity of the culvert(s) will be adequate to
45 pass normal high water stages of the artificial waterway without
46 causing adverse impacts to upstream or downstream property, but
47 the culvert shall not be larger that one 24 inch diameter pipe, or
48 its equivalent, and in no instance shall the culvert provide a
49 smaller cross-sectional area or discharge capacity than any
50 upstream culvert;
51 5. the elevation of the culvert invert shall be at the
52 existing bottom grade of the artificial waterway;

August 29, 1994
Suwannee River Water Management District 1 0






This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 6. the length of the driveway or roadway crossing the
2 waterway shall not exceed 30 feet from top of bank to top of bank;
3 7. the top width of the driveway or roadway shall not
4 exceed 20 feet, the toe to toe width shall not exceed 40 feet, and
5 side slopes shall be no steeper than 3 feet horizontal to 1 foot
6 vertical;
7 8. clean fill used for the crossing shall be obtained from
8 an upland borrow pit or from a dredge site that is in compliance
9 with the regulatory requirements of part IV of chapter 373, F.S.,
10 either through a permit or an exemption;
11 9. there shall be no additional dredging, filling, or
12 construction activities within the artificial waterway or project
13 area, except those directly involved in the construction or
14 operation and maintenance of the culverted crossing and those
15 exempted from regulation under part IV of chapter 373, F.S.;
16 10. all temporary fill in construction areas shall be
17 removed and regraded to original elevations and revegetated;
18 11. the person performing the exempt activity shall
19 implement measures for erosion and pollution control using best
20 management practices, including turbidity curtains or similar
21 devices and other site specific practices, in strict adherence to
22 the Florida Department of Transportation's "Standard
23 Specifications for Road and Bridge Construction," and Chapter 6 of
24 the Department's "Florida Development Manual," to prevent
25 violations of state water quality standards. Temporary erosion
26 controls shall be implemented prior to and during construction,
27 and permanent erosion control measures for all exposed soils shall
'8 be completed within 7 calendar days of the most recent
29 construction activity;
30 12. any spoil material from construction or maintenance
31 shall be used or disposed of on an upland portion of the property
32 or shall be transported off site and deposited on a self-contained
33 upland spoil site that is in compliance with the permitting
34 requirements of this chapter and Chapter 40B-4, F.A.C., as
35 applicable;
36 13. if dewatering is performed, all temporary fill dikes and
37 dewatering discharges shall be installed and constructed so that
38 no upstream flooding or impoundment occurs and to prevent
39 siltation, erosion or turbid discharges into waters of the State
40 in violation of state water quality standards. Any temporary
41 works shall be completely removed, and all areas upstream and
42 downstream from the crossing shall be restored to grades,
43 elevations and conditions which existed before the construction;
44 14. this exemption shall apply only to a maximum of 2
45 crossings on any total land area of property with a minimum
46 distance of 500 feet between crossings; and
47 15. this exemption shall not apply to activities involving
48 relocation or other alteration of all or part of the artificial
49 waterway, cr construction for other than the proposed culvert
50 crossing, except as exempted by Chapter 373, F.S., or section
51 40B-4.1070, F.A.C.
52 (x) The installation, removal, and replacement of utility

August 29, 1994
Suwannee River Water management District 11







This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

poles that support telephone or communication cable lines, or
electric distribution lines of 35KV or less, together with the
bases and anchoring devices to support those poles, as specified
below. For the purpose of this exemption, "anchoring device"
shall mean steel guy wires fastened to the ground, and "base"
shall mean a concrete or steel foundation not exceeding four feet
in radius, used to support a utility pole. This exemption shall
be subject to the following conditions:
1. no more than 15 utility poles may be installed, removed,
or replaced in wetlands;
2. this exemption shall not apply in surface waters other
than wetlands;
3. the temporary disturbance to wetlands shall be limited
to a length of 0.5 miles, an areal extent of 0.5 acre, and a width
of 30 feet to access the site to actually install, remove, or
replace the utility poles; thereafter, maintenance of the utility
right of way in wetlands shall be limited to a cleared corridor
that does not exceed a total width of 15 feet and a total area of
0.25 ac.;
4. this exemption shall not apply in forested wetlands
located within 550 feet from the mean or ordinary high water line
of a named waterbody that is designated as an Outstanding Florida
Water or an Outstanding National Resource Water, or to activities
in any aquatic preserves;
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;
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;

August 29, 1994
Suwannee River Water Management District 1






This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 12. vehicular access in wetlands shall be limited to
2 existing roads, trails, rights-of-way or easements, and to other
3 previously disturbed corridors where they exist; and
4 13. the permitted shall provide an annual report to the
5 District which summarizes the activities conducted under this
6 exemption for the period from January 1 to December 31 of each
7 year, including: the acreage of temporary impacts in wetlands
8 resulting from the use of temporary mats and the clearing of
9 wetland vegetation; the extent of permanent impacts to wetlands
10 including the number of poles and structures in wetlands and the
11 acreage of clearing in wetlands; the voltage of all electric lines
12 that are installed; the number of times this exemption is used;
13 the specific location of each line that is installed (including
14 the county, the section, township, and range, and the identity of
15 permanent landmarks such as roads and named wetlands and other
16 surface waters within or adjacent to the work location), and the
17 number of times and locations where water jets are used.
18 (3) Exemptions for Treatment or Disposal Systems.
19 (a) Alteration and maintenance of the following shall be
20 exempt from the provisions in this chapter and Chapter 40B-4,
21 F.A.C., implementing subsections 373.414(1) through 373.414(6),
22 373.414(8), and 373.414(10), F.S.; and subsection 373.414(7),
23 F.S., regarding any authority to apply state water quality
24 standards within any works, impoundments, reservoirs, and other
25 watercourses described in this subsection and any authority
26 granted pursuant to section 373.414, F.S. (1991):
27 1. Works, impoundments, reservoirs, and other watercourses
- 28 constructed and operated solely for wastewater treatment or
?9 disposal in accordance with a valid permit reviewed or issued
30 under sections 17-28.700, 17-302.520 or Chapters 17-17, 17-600,
31 17-610, 17-640, 17-650, 17-660, 17-670, 17-671, 17-673, 17-701,
32 F.A.C., or section 403.0885, F.S., or rules implementing section
33 403.0885, F.S., except for treatment wetlands or receiving
34 wetlands permitted to receive wastewater pursuant to 17-611,
35 F.A.C., or section 403.0885, F.S. or its implementing rules;
36 2. Works, impoundments, reservoirs, and other watercourses
37 constructed solely for wastewater treatment or disposal before a
38 construction permit was required under Chapter 403, F.S., and
39 operated solely for wastewater treatment or disposal in accordance
40 with a valid permit reviewed or issued under sections 17-28.700,
41 17-302.520, or chapters 17-17, 17-600, 17-610, 17-640, 17-650,
42 17-660, 17-670, 17-671, 17-673, or 17-701, F.A.C.,; or section
43 403.0885, F.S., or rules implementing section 403.0885, F.S.,
44 except for treatment wetlands or receiving wetlands permitted to
45 receive wastewater pursuant to Chapter 17-611, F.A. C., or section
46 403.0885, F.S. or its implementing rules;
47 3. Works, impoundments, reservoirs, and other watercourses
48 of less than 0.5 acres in combined area on a project-wide basis,
49 constructed and operated solely for stormwater treatment in
50 accordan-e with a noticed exemption under Chapter 17-25, F.A.C.,
51 or a valid permit issued under Chapters 17-25 (excluding Rule
52 17-25.042), 17-330, 40B-4, F.A.C., except those permitted as

August 29, 1994
Suwannee River Water Management District 1 3








This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 wetland stormwater treatment systems.
2 4. Works, impoundments, reservoirs, and other watercourses
3 of less than 0.5 acres in combined area on a project-wide basis,
4 constructed and operated solely for stormwater treatment before a
5 permit being required under Chapters 17-25, or 40B-4, F.A.C.
6 (b) Alteration and maintenance of the following shall be
7 exempt from the provisions in this chapter and Chapter 40B-4,
8 F.A.C., adopted to implement subsections 373.414(1),
9 373.414(2) (a), 373.414(8), and 373.414(10), F.S.; and subsections
10 373.414(3) through 373.414(6), F.S.; and subsection 373.414(7),
11 F.S., regarding any authority to apply state water quality
12 standards within any works, impoundments, reservoirs, and other
13 watercourses described in this subsection and any authority
14 granted pursuant to 373.414, F.S. (1991), except for authority to
15 protect threatened and endangered species in isolated wetlands:
16 1. Works, impoundments, reservoirs, and other watercourses
17 of 0.5 acre or greater in combined area on a project-wide basis,
18 constructed and operated solely for stormwater treatment in
19 accordance with a noticed exemption under Chapter 17-25, F.A.C.,
20 or a valid permit issued under Chapters 17-25 (excluding Rule
21 17-25.042), 17-330, or 40B-4, F.A.C., except those permitted as
22 wetland stormwater treatment systems.
23 2. Works, impoundments, reservoirs, and other watercourses
24 of 0.5 acres or greater in combined area on a project-wide basis,
25 constructed and operated solely for stormwater treatment before a
26 permit was required under Chapters 17-25 or 40B-4, F.A.C.
27 (c) The exemptions in paragraphs and (a) and (b) above shall
28 not apply to works, impoundments, reservoirs or other watercourses
29 that are:
30 1. Currently wetlands which existed before construction of
31 the stormwater treatment system and were incorporated in it;
32 2. Being altered through expansion into wetlands or other
33 surface waters; or
34 3. Wetlands created, enhanced or restored as mitigation for
35 wetland or surface water impacts under a permit issued by the
36 Department or the District.
37 (d) Alterations and maintenance of works, impoundments,
38 reservoirs and other watercourses exempt under this subsection
39 shall not be considered in determining whether the wetland
40 permitting threshold in this Chapter and and Chapter 40B-4,
41 F.A.C., are met or exceeded.
42 (e) Works, impoundments, reservoirs and other watercourses
43 exempt under this subsection, other than isolated wetlands in
44 systems described in paragraph (b) above, shall not be delineated
45 under Section 373.421, F.S.
46 (f) This exemption shall not affect the application of state
47 water quality standards, including those applicable to Outstanding
48 Florida Waters, at the point of discharge to waters as defined in
49 subsection 403.031(13), F.S.
50 (g) As used in this subsection, "solely for" means the
51 reason for which a work, impoundment, reservoir, or other
52 watercourse is constructed and operated, and such construction and

August 29, 1994
Suwannee River Water Management District 14







This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

S1 operation would not have occurred but for the purposes identified
2 in paragraphs (a) and (b) above. Furthermore, the phrase does not
3 refer to a work, impoundment, reservoir, or other watercourse
4 constructed or operated for multiple purposes. Incidental uses,
5 such as occasional recreational uses, will not render the
6 exemption inapplicable, so long as the incidental uses are not
7 part of the original planned purpose of the work, impoundment,
8 reservoir or other watercourse. However, for those works,
9 impoundments, reservoirs, or other watercourses described in
10 subparagraphs (a)3. and (b)1., use of the system for flood
11 attenuation, whether originally planned or unplanned, shall be
12 considered an incidental use so long as the works, impoundments,
13 reservoirs, and other watercourses are no more than two acres
14 larger than the minimum area required to comply with the
15 applicable stormwater treatment requirements of chapters 17-25,
16 17-330 or 40B-4, F.A.C. For the purposes of this subsection,
17 reuse from a work, impoundment, reservoir, or other watercourse is
18 part of treatment or disposal.
19 (4) Surface Waters or Wetlands Created by Mosquito Control
20 Activities. Construction, alteration, operation, maintenance,
21 removal, and abandonment of stormwater management systems, dams,
22 impoundments, reservoirs, appurtenant works, or works, in, on, or
23 over lands that have become surface waters or wetlands solely
24 because of mosquito control activities undertaken as a part of a
25 governmental mosquito control program, and which lands were
26 neither surface water or wetlands before such activities, shall be
-- 27 exempt from the provisions in this Chapter adopted by the District
28 to implement subsections 373.414(1) through (6); 373.414(7)
29 regarding any authority granted pursuant to section 373.414, F.S.
30 (1991); 373.414(8) and 373.414(10), F.S..
31 (5) The performance of activities pursuant to the provisions
32 of the exemptions set forth in this section does not relieve the
33 person or persons who are using the exemption or who are
34 constructing or otherwise implementing the activity from meeting
35 the permitting or performance requirements of other District
36 rules.
37 Specific Authority 373.044, 373.113, 373.118 FS.
38 Law Implemented 373.118, 373.413, 373.416, 373.426 FS.
39 History--New
40
41 40B-400.091 Publications and Agreements Incorporated by Reference
42
43 The Governing Board hereby adopts by reference:
44 "Environmental Resource Permit Applicant's Handbook"
45 Specific Authority 373.044, 373.113, 373.118 FS.
46 Law Implemented 373.118, 373.413, 373.416, 373.426 FS.
47 History--New
48
49 40B-400.101 Content and Processing of the Application
50 (1) All applications for environmental resource permits
51 shall be filed and processed in accordance with chapters 120 and
52 373, F.S., and Chapter 40B-1, F.A.C.

August 29, 1994
Suwannee River Water Management District 15







This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 (2) (a) Each application for an individual or conceptual
2 approval environmental resource permit shall be filed upon the
3 appropriate District form listed in 40B-1.901. The applicant shall
4 submit three copies of the application, construction plans, and
5 any supporting documents describing the proposed system.
6 (b) Each application for an individual environmental resource
7 permit or a conceptual approval environmental resource permit
8 which seeks authorization to alter, abandon, or remove a system,
9 or a portion of a system, which is exempt from permitting under
10 the provisions of subsection 40B-400.051(2), shall contain the
11 plans and information required by paragraphs 40B-400.101(2) (a),
12 F.A.C., respectively, for the system as it was originally
13 constructed, as it exists on the date of the permit application,
14 and as it is proposed to be modified.
15 (3) A complete application for an individual or a general
16 environmental resource permit shall also constitute an application
17 for certification of compliance with state water quality standards
18 where necessary pursuant to Section 401, Public Law 92-500, 33 USC
19 Section 1341. Issuance of the permit shall constitute
20 certification of compliance with water quality standards, unless
21 the permit is issued pursuant to the net improvement provisions of
22 ss.373.141(1) (b), F.S., or specifically states otherwise.
23 (4) If the permit application involves activities located
24 in, on, or over wetlands or other surface waters, then, within
25 three business days of receipt of the application, the District
26 shall forward a copy to the appropriate office of the U.S. Army
27 Corps of Engineers unless specifically authorized by the Corps to
28 do otherwise.
29 (5) If the application involves activities located in, on,
30 or over wetlands or other surface waters the District shall
31 forward a copy of the notice of application to and request
32 comments from:
33 (a) the Florida Game and Fresh Water Fish Commission;
34 (b) the Florida Department of State, Division of Historical
35 Resources;
36 (c) any person who has requested a copy of the specific
37 application that is under review; and
38 (d) the Department of Environmental Protection, if the
39 proposed activities have a potential to impact marine listed
40 species listed in section 39-27.003, 39-27.004, or 39-27.005,
41 F.A.C.
42 (6) If at any time during the processing of the application,
43 it appears that the application involves activities which may take
44 place on state-owned lands, the District shall send a copy of the
45 application to the Division of State lands, Department of
46 Environmental Protection.
47 Specific Authority 373.044, 373.113, 373.118 FS.
48 Law Implemented 373.118, 373.413, 373.416, 373.426 FS.
49 History--New
50
51 40B-400.103 Conditions for Issuance of Permits.
52 (1) In order to obtain a standard general, individual, or

August 29, 1994
Suwannee River Water Management District 1 6









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This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

conceptual approval permit under this chapter or Chapter 40B-4,
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, 17-520, 17-522, 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 adverse secondary impacts to the water
resources;
(g) will not adversely impact the maintenance of surface or
ground water levels or surface water flows;
(h) will not cause adverse impacts to a work of the District
established pursuant to section 373.086, F.S.;
(i) will be capable, based on generally accepted engineering
and scientific principles, of being performed and of functioning
as proposed;
(j) will be conducted by an entity with the financial,
legal, and administrative capability of ensuring that the activity
will be undertaken in accordance with the terms and conditions of
the permit, if issued; and
(k) will comply with any applicable special basin or
geographic area criteria established by District rule.
(2) If the applicant is unable to meet water quality
standards because existing ambient water quality does not meet
standards, the applicant must comply with the requirements set
forth in section 12.2.4.5, Environmental Resource Permit
Applicant's Handbook.
(3) Mangrove alteration which is part of an activity
requiring a standard general or individual 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. A separate permit under Chapter 17-321, F.A.C.,
shall not be required when a noticed general, standard general or
individual permit is required under the rules adopted pursuant to
Part IV, of Chapter 373, F.S.
(4) The standards and criteria, including the mitigation
provisions, contained in the Environmental Resource Permit
Applicant's Handbook adopted by reference in section 40B-400.091,

August 29, 1994
Suwannee River Water Management District 1 7







This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 F.A.C., shall determine whether the reasonable assurances required
2 by subsection 408-400.103(1) and section 40B-400.104, F.A.C., have
3 been provided.
4 Specific Authority 373.044, 373.113, 373.118 FS.
5 Law Implemented 373.118, 373.413, 373.416, 373.426 FS.
6 History--New
7
8 40B-400.104 Additional Conditions for Issuance of Permits
9 In addition to the conditions set forth in section
10 40B-400.103, F.A.C., in order to obtain a standard general,
11 individual, or conceptual approval permit under this chapter or
12 Chapter 40B-4, F.A.C., an applicant must provide reasonable
13 assurance that the construction, alteration, operation,
14 maintenance, removal, and abandonment of a system:
15 (1) located in, on, or over wetlands or other surface waters
16 will not be contrary to the public interest, or if such an
17 activity significantly degrades or is within an Outstanding
18 Florida Water, that the activity will be clearly in the public
19 interest, as determined by balancing the following criteria as set
20 forth in subsections 12.2.3 through 12.2.3.7, Environmental
21 Resource Permit Applicants's Handbook:
22 (a) Whether the activity will adversely affect the public
23 health, safety, or welfare or the property of others;
24 (b) Whether the activity will adversely affect the
25 conservation of fish and wildlife, including endangered or
26 threatened species, or their habitats;
27 (c) Whether the activity will adversely affect navigation or
28 the flow of water or cause harmful erosion or shoaling;
29 (d) Whether the activity will adversely affect the fishing
30 or recreational values or marine productivity in the vicinity of
31 the activity;
32 (e) Whether the activity will be of a temporary or permanent
33 nature;
34 (f) Whether the activity will adversely affect or will
35 enhance significant historical and archaeological resources under
36 the provisions of section 267.061, F.S.; and
37 (g) The current condition and relative value of functions
38 being performed by areas affected by the proposed activity.
39 (2) When determining whether the applicant has provided
40 reasonable assurances that District permitting standards will be
41 met, the District shall take into consideration the applicant's
42 violation of any District rules adopted pursuant to Part IV,
43 Chapter 373, F.S., relating to any other project or activity, and
44 efforts taken by the applicant to resolve these violations.
45 (3) Will not cause unacceptable cumulative impacts upon
46 wetlands and other surface waters as set forth in subsections
47 12.2.8 through 12.2.8.2, Environmental Resource Permit
48 Applicants's Handbook.
49 (4) Located in, adjacent to or in close proximity to Class
50 II waters or located in Class II waters or Class III waters
51 classified by the Department as approved, restricted or
52 conditionally restricted for shellfish harvesting as set forth in

August 29, 1994
Suwannee River Water Management District 18






This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

S1 or incorporated by reference in Chapter 16R-7, F.A.C., will comply
2 with the additional criteria in subsection 12.2.5 of the
3 Applicant's Handbook adopted by reference in section 40B-400.091,
4 F.A.C.
5 (5) Which constitute vertical seawalls in estuaries or
6 lagoons, will comply with the additional criteria provided in
7 subsection 12.2.6 of the Applicant's Handbook.
8 Specific Authority 373.044, 373.113, 373.118 FS.
9 Law Implemented 373.118, 373.413, 373.416, 373.426 FS.
10 History--New
11
12 40B-400.115 Limiting Conditions
13
14 (1) The following general conditions shall be a part of all
15 permits issued pursuant to this chapter and Chapter 40B-4, F.A.C.,
16 unless waived or modified by the Board upon a determination that
17 the conditions are inapplicable to the activity authorized by the
18 permit.
19 (a) All activities shall be implemented as set forth in the
20 plans, specifications and performance criteria as approved by this
21 permit. Any deviation from the permitted activity and the
22 conditions for undertaking that activity shall constitute a
23 violation of this permit.
24 (b) This permit or a copy thereof, complete with all
25 conditions, attachments, exhibits, and modifications, shall be
26 kept at the work site of the permitted activity. The complete
27 permit shall be available for review at the work site upon request
?8 by District staff. The permitted shall require the contractor to
29 review the complete permit prior to commencement of the activity
30 authorized by this permit.
31 (c) Activities approved by this permit shall be conducted in
32 a manner which do not cause violations of state water quality
33 standards.
34 (d) Prior to and during construction, the permitted shall
35 implement and maintain all erosion and sediment control measures
36 (best management practices) required to retain sediment on-site
37 and to prevent violations of state water quality standards. All
38 practices must be in accordance with the guidelines and
39 specifications in Chapter 6 of the Florida Land Development
40 Manual: A Guide to Sound Land and Water Management (Florida
41 Department of Environmental Regulation 1988), which is
42 incorporated by reference, unless a project specific erosion and
43 sediment control plan is approved as part of the permit, in which
44 case the practices must be in accordance with the plan. If site
45 specific conditions require additional measures during any phase
46 of construction or operation to prevent erosion or control
47 sediment, beyond those specified in the erosion and sediment
48 control plan, the permitted shall implement additional best
49 management practices as necessary, in accordance with the
50 specifications in section 6 of the Florida Land Development
51 Manual: A Guide to Sound Land and Water Management (Florida
52 Department of Environmental Regulation 1988). The permitted shall

August 29, 1994
Suwannee River Water Management District 1 9






This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and Auguat 9, 1994.

1 correct any erosion or shoaling that causes adverse impacts to the
2 water resources.
3 (e) Stabilization measures shall be initiated for erosion
4 and sediment control on disturbed areas as soon as practicable in
5 portions of the site where construction activities have
6 temporarily or permanently ceased, but in no case more than 7 days
7 after the construction activity in that portion of the site has
8 temporarily or permanently ceased.
9 (f) At least 48 hours prior to commencement of activity
10 authorized by this permit, the permitted shall submit to the
11 District a Construction Commencement Notice Form No. 40B-4-7
12 indicating the actual start date and the expected completion date.
13 (g) When the duration of construction will exceed one year,
14 the permitted shall submit construction status reports to the
15 District on an annual basis utilizing an Annual Status Report Form
16 No. 40B-4-8. These forms shall be submitted during June of each
17 following year.
18 (h) For those systems which will be operated or maintained
19 by an entity requiring an easement or deed restriction in order to
20 provide that entity with the authority necessary to operate or
21 maintain the system, such easement or deed restriction, together
22 with any other final operation or maintenance documents as are
23 required by subsection 40B-4.2030(2) (g), F.A.C., and section 40B-
24 4.2035, F.A.C., must be submitted to the District for approval.
25 Documents meeting the requirements set forth in these subsections
26 of district rules will be approved. Deed restrictions, easements
27 and other operation and maintenance documents which require
28 recordation either with the Secretary of State or Clerk of the
29 Circuit Court must be so recorded prior to lot or unit sales
30 within the project served by the system, or upon completion of
31 construction of the system, whichever occurs first. For those
32 systems which are proposed to be maintained by county or municipal
33 entities, final operation and maintenance documents must be
34 received by the District when maintenance and operation of the
35 system is accepted by the local governmental entity. Failure to
36 submit the appropriate final documents referenced in this
37 paragraph will result in the permitted remaining liable for
38 carrying out maintenance and operation of the permitted system.
39 (i) Each phase or independent portion of the permitted
40 system must be completed in accordance with the permitted plans
41 and permit conditions prior to the initiation of the permitted use
42 of site infrastructure located within the area served by that
43 portion or phase of the system. Each phase or independent portion
44 of the system must be completed in accordance with the permitted
45 plans and permit conditions prior to transfer of responsibility
46 for operation and maintenance of that phase or portion of the
47 system to a local government or other responsible entity.
48 (j) Within 30 days after completion of construction of the
49 permitted system, or independent portion of the system, the
50 permitted shall submit a written statement of completion and
51 certification by a registered professional engineer or other
52 appropriate individual as authorized by law, utilizing the

August 29, 1994
Suwannee River Water Management District 20






This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 supplied As Built Certification Form. When the completed system
2 differs substantially from the permitted plans, any substantial
3 deviations shall be noted and explained and two copies of as-built
4 drawings submitted to the District. Submittal of the completed
5 form shall serve to notify the District that the system is ready
6 for inspection. The statement of completion and certification
7 shall be based on on-site observation of construction (conducted
8 by the registered professional engineer, or other appropriate
9 individual as authorized by law, or under his or her direct
10 supervision) or review of as-built drawings for the purpose of
11 determining if the work was completed in compliance with approved
12 plans and specifications. As-built drawings shall be the
13 permitted drawings revised to reflect any changes made during
14 construction. Both the original and any revised specifications
15 must be clearly shown. The plans must be clearly labeled as
16 "as-built" or "record" drawing. All surveyed dimensions and
17 elevations shall be certified by a registered surveyor. The
18 following information, at a minimum, shall be verified on the
19 .as-built drawings:
20 1. Dimensions and elevations of all discharge structures
21 including all weirs, slots, gates, pumps, pipes, and oil and
22 grease skimmers;
23 2. Locations, dimensions, and elevations of all filter,
24 exfiltration, or underdrain systems including cleanouts, pipes,
25 connections to control structures, and points of discharge to the
26 receiving waters;
27 3. Dimensions, elevations, contours, or cross-sections of
- 28 all treatment storage areas sufficient to determine stage-storage
29 relationships of the storage area and the permanent pool depth and
30 volume below the control elevation for normally wet systems, when
31 appropriate;
32 4. Dimensions, elevations, contours, final grades, or
33 cross-sections of the system to determine flow directions and
34 conveyance of runoff to the treatment system;
35 5. Dimensions, elevations, contours, final grades, or
36 cross-sections of all conveyance systems utilized to convey
37 off-site runoff around the system;
38 6. Existing water elevation(s) and the date determined; and
39 7. Elevation and location of benchmark(s) for the survey.
40 (k) The operation phase of this permit shall not become
41 effective until the permitted has complied with the requirements
42 of the condition in paragraph (i) above, the District determines
43 the system to be in compliance with the permitted plans, and the
44 entity approved by the District in accordance with section 40B-
45 4.2035 accepts responsibility for operation and maintenance of the
46 system. The permit may not be transferred to such approved
47 operation and maintenance entity until the operation phase of the
48 permit becomes effective. Following inspection and approval of
49 the permitted system by the District, the permitted shall request
50 transfer ,f the permit to the approved responsible operation and
51 maintenance operating entity if different from the permitted.
52 Until the permit is transferred pursuant to rule 40B-4.1103,

August 29, 1994
Suwannee River Water Management District 21







This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

1 F.A.C., the permitted shall be liable for compliance with the
2 terms of the permit.
3 (1) Should any other regulatory agency require changes to
4 the permitted system, the permitted shall provide written
5 notification to the District shall be notified of the changes
6 prior to implementation so that a determination can be made
7 whether a permit modification is required.
8 (m) This permit does not eliminate the necessity to obtain
9 any required federal, state, local and special district
10 authorizations prior to the start of any activity approved by this
11 permit. This permit does not convey to the permitted or create in
12 the permitted any property right, or any interest in real
13 property, nor does it authorize any entrance upon or activities on
14 property which is not owned or controlled by the permitted, or
15 convey any rights or privileges other than those specified in the
16 permit and in this Chapter and Chapter 40B-4, F.A.C.
17 (n) The permitted is hereby advised that Section 253.77,
18 F.S., states that a person may not commence any excavation,
19 construction, or other activity involving the use of sovereign or
20 other lands of the state, the title to which is vested in the
21 Board of Trustees of the Internal Improvement Trust Fund without
22 obtaining the required lease, license, easement, or other form of
23 consent authorizing the proposed use. Therefore, the permitted is
24 responsible for obtaining any necessary authorizations from the
25 Board of Trustees prior to commencing activity on sovereignty
26 lands or other state-owned lands.
27 (o) The permitted shall hold and save the District harmless
28 from any and all damages, claims, or liabilities which may arise
29 by reason of the activities authorized by the permit or any use of
30 the permitted system.
31 (p) Any delineation of the extent of a wetland or other
32 surface water submitted as part of the permit application,
33 including plans or other supporting documentation, shall not be
34 considered specifically approved unless a specific condition of
35 this permit or a formal determination under section 373.421(2),
36 F.S., provides otherwise.
37 (q) The permitted shall notify the District in writing
38 within 30 days of any sale, conveyance, or other transfer of
39 ownership or control of the permitted system or the real property
40 at which the permitted system is located. All transfers of
41 ownership or transfers of a permit are subject to the requirements
42 of Rule 40B-4.1130, F.A.C. The permitted transferring the permit
43 shall remain liable for any corrective actions that may be
44 required as a result of any permit violations prior to such sale,
45 conveyance or other transfer.
46 (r) Upon reasonable notice to the permitted, District
47 authorized staff with proper identification shall have permission
48 to enter, inspect, sample and test the system to insure conformity
49 with the plans and specifications approved by the permit.
50 (s) If historical or archaeological artifacts are discovered
51 at any time on the project site, the permitted shall immediately
52 notify the District.

August 29, 1994
Suwannee River Water Management District 22






This document is a copy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and Augurt 9, 1994.

1 (t) The permitted shall immediately notify the District in
S2 writing of any previously submitted information that is later
3 discovered to be inaccurate.
4 (2) In addition to those general conditions set forth in
5 subsection (1), the Governing Board may impose on any permit
6 granted under this chapter and Chapter 40B-4, F.A.C., such
7 reasonable project-specific conditions as are necessary to assure
8 that the permitted system will not be inconsistent with the
9 overall objectives of the District or be harmful to the water
10 resources of the District. Upon receipt of notice of intended
11 agency action, any substantially affected person shall have the
12 right to request a hearing in accordance with sections 40B-1.511
13 and 40B-1.521, F.A.C.
14 Specific Authority 373.044, 373.113, 373.118 FS.
15 Law Implemented 373.118, 373.413, 373.416, 373.426 FS.
16 History--New
17
18 40B-400.191 Variances.
19 (1) The Governing Board is authorized to grant a variance
20 from the provisions of Section 373.414, F.S., and paragraph 40B-
21 400.103(1) (e) and section 40B-400.104, F.A.C., pursuant to section
22 403.201, F.S.
23 (2) A person seeking a variance must demonstrate that any
24 hardship asserted as the basis of the need for a variance is
25 peculiar to the affected property and not self-imposed and that
26 the grant of a variance will be consistent with the general intent
27 and purpose of this chapter.
?8 (3) Any person seeking a variance shall file a petition for
9 a variance that shall contain the following information:
30 (a) The petitioner's name and signature.
31 (b) The statute or rule from which the variance is sought.
32 (c) Facts showing that a variance should be granted for one
33 of the reasons in section 403.201, F.S.
34 (d) The time period for which the variance is sought,
35 including the reasons and facts supporting the time period.
36 (e) The requirements which the petitioner can meet including
37 the date or time when the requirements will be met.
38 (f) The steps or measures the petitioner is taking to meet
39 the requirement from which the variance is sought. If the request
40 is pursuant to paragraph 40B-400.191(1)(b) above, the petitioner
41 shall include a schedule when compliance will be achieved.
42 (g) The social, economic and environmental impacts on the
43 applicant, residents of the area and of the state if the variance
44 is granted.
45 (h) The social, economic and environmental impacts on the
46 applicant, residents of the area and of the state if the variance
47 is denied.
48 (4) The District shall review the application within a
49 reasonable period of time after receipt to determine if the
50 application is complete. If the application is determined to be
51 incomplete, the applicant shall be afforded an opportunity to
52 supply additional information before the District evaluates the

August 29, 1994
Suwannee Rivr Water management District 23







This document is a coy of the notice provided for publication in the Florida
Administrative Weekly on May 13, 1994, and incorporates all amendments
approved on June 16, July 12, and August 9, 1994.

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
section 50.031, F.S., in the county in which the property for
which the variance is sought is located.
(6) Renewals of variances shall be applied for in the same
manner as the initial variance.
Specific Authority 373.044, 373.113, 373.414(9), 373.414(17) FS.
Law Implemented 373.118, 373.413, 373.416, 373.426 FS.
History--New


August 29, 1994
Suwannee River Water Management District 24




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