Group Title: Suwannee River Water Management District Environmental Resources Permit Applicant's Handbook-Criteria for Evaluation
Title: Suwannee River Water Management District Environmental Resources Permit Applicant's Handbook-Criteria for Evaluation
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 Material Information
Title: Suwannee River Water Management District Environmental Resources Permit Applicant's Handbook-Criteria for Evaluation
Physical Description: Book
Language: English
Publisher: Florida Admin. Weekly
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Suwannee River Water Management District Environmental Resources Permit Applicant's Handbook-Criteria for Evaluation (JDV Box 95)
General Note: Box 20, Folder 2 ( Water Management Districts - ERP'S - 1994 ), Item 6
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004335
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.

' 1 SUWANNEE RIVER WATER MANAGEMENT DISTRICT
2 ENVIRONMENTAL RESOURCES PERMIT
3 APPLICANT'S HANDBOOK
4
5
6 PART II
7 CRITERIA FOR EVALUATION
8
9 12.0 Environmental Considerations
10
11 12.1 Wetlands and other surface waters
12
13 Wetlands are important components of the water
14 resource because they often serve as spawning,
15 nursery and feeding habitats for many species of
16 fish and wildlife, and because they often provide
17 important flood storage, nutrient cycling, detrital
18 production, recreational and water quality
19 functions. Other surface waters such as lakes,
20 ponds, reservoirs, other impoundments, streams,
21 rivers and estuaries also often provide such
22 functions, and in addition may provide flood
23 conveyance, navigation and water supply functions
24 to the public. Not all wetlands or other surface
25 waters provide all of these functions, nor do they
26 provide them to the same extent. A wide array of
"'7 biological, physical and chemical factors affect
Z8 the functioning of any wetland or other surface
29 water community. Maintenance of water quality
30 standards in applicable wetlands and other surface
31 waters is critical to their ability to provide many
32 of these functions. It is the intent of the
33 Governing Board that the criteria in subsections
34 12.2 through 12.3.8 be implemented in a manner
35 which achieves a programmatic goal, and a project
36 permitting goal of no net loss of wetland or other
37 surface water functions. This goal shall not
38 include projects that are exempt by statute or
39 rule, or which are authorized by a noticed general
40 permit. Unless exempted by statute or rule,
41 permits are required for the construction,
42 alteration, operation, maintenance, abandonment and
43 removal of systems so that the District can
44 conserve the beneficial functions of these
45 communities. The term "systems" includes areas of
46 dredging or filling, as those terms are defined in
47 subsections 373.403(13) and 373.403(14), F.S.
48
49 12.1.1 Environmental Conditions for Issuance
50
51 The District addresses the conservation of these
--r2 beneficial functions in the permitting process by


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 requiring applicants to provide reasonable
2 assurances that the following conditions for
3 issuance of permits, set forth in Sections 40B-
4 400.103 (Conditions for Issuance) and 40B-400.104
5 (Additional Conditions for Issuance), F.A.C., are
6 met. Applicants must provide reasonable assurance
7 that:
8
9 (a) a regulated activity will not adversely impact
10 the value of functions provided to fish and
11 wildlife and listed species by wetlands and other
12 surface waters (paragraph 40B-400.103(1)(d),
13 F.A.C.);
14
15 (b) a regulated activity located in, on, or over
16 wetlands or other surface waters, will not be
17 contrary to the public interest, or if such an
18 activity significantly degrades or is located
19 within an Outstanding Florida Water, that the
20 regulated activity will be clearly in the public
21 interest (paragraph
22 40B-400.104(1) (e), F.A.C.)
23
24 (c) a regulated activity will not adversely affect
25 the quality of receiving waters such that the water
26 quality standards set forth in chapters 17-3, 17-4,
27 17-302, and 17-550, F.A.C., including any
28 antidegradation provisions of sections 17-
29 4.242(1)(a) and (b), 17-4.242(2) and (3), and 17-
30 302.300 and any special standards for Outstanding
31 Florida Waters and Outstanding National Resource
32 Waters set forth in sections 17-4.242(2) and (3),
33 F.A.C., will be violated (paragraph 40B-
34 400.103(1)(e), F.A.C.);
35
36 (d) a regulated activity located in, adjacent to
37 or in close proximity to Class II waters or located
38 in waters classified by the Department as approved,
39 restricted, or conditionally restricted for
40 shellfish harvesting pursuant to chapter 16R-7,
41 F.A.C., will comply with the additional criteria in
42 subsection 12.2.5 of the Applicant's Handbook
43 (paragraph 40B-400.104(1) (c), F.A.C.);
44
45 (e) the construction of vertical seawalls in
46 estuaries and lagoons will comply with the
47 additional criteria in subsection 12.2.6 of the
48 Applicant's Handbook (paragraph 40B-400.104(1)(d),
49 F.A.C.);
50
51 (f) a regulated activity will not cause adverse
52 secondary impacts to the water resources


August 29, 1994
Suwannee River Water Management 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 (paragraph 40B-400.103(1) (f), F.A.C.);
2
3 (g) a regulated activity will not cause
4 cumulative impacts upon wetlands and other surface
5 waters in violation of subsections (b)-(c)
6 (paragraph 40B-400.104(2), F.A.C.);
7
8 (h) Mangrove alteration which is part of an
9 activity requiring an environmental resource permit
10 meets the criteria of chapter 17-321, F.A.C.
11
12
13 12.2 Environmental Criteria
14
15 Compliance with the conditions for issuance in
16 subsection 12.1.1 will be determined through
17 compliance with the criteria explained in
18 subsections 12.2 -12.3.8 of this Handbook.
19
20 12.2.1 Elimination or Reduction of Impacts
21
22 The degree of impact to wetland and other surface
23 water functions caused by a proposed system,
24 whether the impact to these functions can be
25 mitigated and the practicability of design
26 modifications for the site, as well as alignment
27 alternatives for a proposed linear system, which
9 28 could eliminate or reduce impacts to these
29 functions, are all factors in determining whether
30 an application will be approved by the District.
31 Design modifications to reduce or eliminate adverse
32 impacts must be explored, as described in 12.2.1.1.
33 Any adverse impacts remaining after practicable
34 design modifications have been implemented may be
35 offset by mitigation as described in subsections
36 12.3-12.3.8 An applicant may propose mitigation,
37 or the District may suggest mitigation, to offset
38 the adverse impacts caused by regulated activities
39 as identified in sections 12.2-12.2.8.2 To receive
40 District approval, a system can not cause a net
41 adverse impact on wetland functions and other
42 surface water functions which is not offset by
43 mitigation.
44
45 12.2.1.1 Except as provided in 12.2.1.2, the District,
46 prior to approval of any mitigations proposals,
47 will explore design modifications for the proposed
48 site, as well as alignment alternatives for a
49 linear system, that would eliminate or reduce the
50 adverse impacts to wetland functions and other
51 surface water functions, and will suggest any such
52 modifications to the applicant either in addition


August 29, 1994
Suwannee River Water Management District 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 to or in lieu of mitigation. The applicant shall
2 consider the District's proposed modifications to
3 the system to reduce or eliminate adverse impacts
4 to wetland or other surface water functions,
5 regardless of whether a mitigation proposal has
6 been submitted. The applicant shall respond to the
7 District in writing as to whether the identified
8 modifications to the proposed system are
9 practicable and whether the applicant will make the
10 identified modifications. If an applicant is
11 responding that the District proposed modifications
12 are not practicable, the written response must
13 provide an explanation and supporting
14 documentation. Alternatively, the applicant may
15 respond by proposing other modifications which
16 achieve a comparable reduction of adverse impacts
17 to wetland and other surface water functions. The
18 applicant shall describe how its proposed
19 alternative modification reduces or eliminates the
20 adverse impacts.
21
22 If the District determines that an applicant's
23 proposed system can be modified in a practicable
24 manner that would eliminate or reduce adverse
25 impacts to wetland functions and other surface
26 water functions, and if the applicant refuses to
27 modify the system accordingly, mitigation shall not
28 be approved. If the applicant modifies the system
29 accordingly or the identified modifications are not
30 practicable, the District will accept mitigation
31 proposed by the applicant if the mitigation offsets
32 the adverse impacts of the system as required by
33 subsections 12.3 through 12.3.8.
34
35 The term "modification" shall not be construed as
36 including the alternative of not implementing the
37 system in some form, nor shall it be construed as
38 requiring a project that is significantly different
39 in type or function. A proposed modification which
40 is not economically viable or which adversely
41 affects public safety through the endangerment of
42 lives or property is not considered "practicable."
43 A proposed modification need not remove all
44 economic value of the property in order to be
45 considered not "practicable." Conversely, a
46 modification need not provide the highest and best
47 use of the property to be "practicable."
48
49 12.2.1.2 In instances where the District has determined,
50 based on the factors in 12.2.2.3, that the
51 ecological value of the functions provided by the
52 area of wetland or other surface water to be


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 adversely affected is low, the District will not
" 2 require the applicant to implement practicable
3 design modifications to reduce or eliminate
4 impacts, if the District determines that the
5 proposed mitigation will provide greater long term
6 ecological value that the area of wetland or other
7 surface water to be adversely affected.
8
9 12.2.1.3 Should such mutual consideration of modification
10 and mitigation not result in a permittable system,
11 the District must deny the application. Nothing
12 herein shall imply that the District may not deny
13 an application for a permit as submitted or
14 modified, if it fails to meet the conditions for
15 issuance, or that mitigation must be accepted by
16 the District.
17
18 12.2.2 Fish, Wildlife, Listed Species and their Habitats
19
20 Pursuant to paragraph 12.1.1(a), an applicant must
21 provide reasonable assurances that a regulated
22 activity will not impact the values of wetland and
23 other surface water functions so as to cause
24 adverse impacts to:
25
26 (a) the abundance and diversity of fish, wildlife
27 and listed species; and
?8
29 (b) the habitat of fish, wildlife and listed
30 species.
31
32 In evaluating whether an applicant has provided
33 reasonable assurance under subsection 12.2.2, the
34 magnitude of the effect of the regulated activity
35 shall be considered, and de minimis effects shall
36 not be considered adverse.
37
38 As part of the assessment of the impacts of
39 regulated activities upon fish and wildlife, the
40 District will provide a copy of all notices of
41 applications for standard general, individual, and
42 conceptual approval permits which propose regulated
43 activities in, on or over wetlands or other surface
44 waters to the Florida Game and Fresh Water Fish
45 Commission for review and comment. In addition, the
46 District staff may solicit comments from the
47 Florida Game and Fresh Water Fish Commission
48 regarding other applications to assist in the
49 assessment of potential impacts to wildlife and
50 their habitats, particularly with regard to listed
51 wildlife species. Where proposed activities have a
52 potential to impact listed marine species, the


August 29, 1994
Suwannee River Water Management 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.


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


12.2.2.2


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
endangered species.

(b) the wetland is located in an area of critical
state concern designated pursuant to Chapter 380,
F.S., or

(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.

(d) the District establishes that the wetland to
be impacted is, or several such wetlands to be
impacted are cumulatively, of more that minimal
value to fish and wildlife.


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


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 in subsections 12.2.4 -12.2.4.5 and 12.2.2.4. This
S2 provision shall only apply to those ponds and
3 ditches which were constructed before a permit was
4 required under Part IV, Chapter 373, F.S. or were
5 constructed pursuant to a permit under Part IV,
6 Chapter 373, F.S. This provision does not apply to
7 ditches constructed to divert natural stream flow.
8
9 12.2.2.3 The assessment of impacts expected as a result of
10 proposed activities on the values of functions will
11 be based on a review of pertinent scientific
12 literature, ecologic and hydrologic information,
13 and field inspection. When assessing the value of
14 functions that any wetland or other surface water
15 provides to fish, wildlife, and listed species, the
16 factors which the District will consider include:
17
18 (a) condition this factor addresses whether the
19 wetland or other surface water is in a high quality
20 state or has been the subject of past alterations
21 in hydrology, water quality, or vegetative
22 composition. However, areas impacted by activities
23 in violation of a District or Department rule,
24 order, or permit adopted or issued pursuant to
25 Chapter 373, F.S., or Part VIII of Chapter 403,
26 F.S., (1984, As amended) will be evaluated as if
27 the activity had not occurred.
'8
29 (b) hydrologic connection this factor addresses
30 the nature and degree of off-site connection which
31 may provide benefits to off-site water resources
32 through detrital export, base flow maintenance,
33 water quality enhancement or the provision of
34 nursery habitat.
35
36 (c) uniqueness this factor addresses the
37 relative rarity of the wetland or other surface
38 water and its floral and faunal components in
39 relation to the surrounding regional landscape.
40
41 (d) location this factor addresses the location
42 of the wetland or other surface water in relation
43 to its surroundings.
44
45 (e) fish and wildlife utilization this factor
46 addresses use of the wetland or other surface water
47 for resting, feeding, breeding, nesting or denning
48 by fish and wildlife, particularly those which are
49 listed species.
50
51 12.2.2.4 Water quantity impacts to wetlands and other
52 surface waters


August 29, 1994
Suwannee River Water Management District 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
2 Pursuant to paragraph 12.1.1(a), an applicant must
3 provide reasonable assurance that the regulated
4 activity will not change the hydroperiod of a
5 wetland or other surface water, so as to adversely
6 affect wetland functions or other surface water
7 functions as follows:
8
9 (a) Whenever portions of a system such as
10 constructed basins, structures, stormwater ponds,
11 canals and ditches are reasonably expected to have
12 the effect of reducing the depth, duration or
13 frequency of inundation or saturation in a wetland
14 or other surface water, the applicant must perform
15 an analysis of the drawdown in water levels or
16 diversion of water flows resulting from such
17 activities and provide reasonable assurance that
18 these drawdowns or diversions will not adversely
19 impact the functions that wetlands and other
20 surface waters provide to fish and wildlife and
21 listed species.
22 (b) Increasing the depth, duration, or frequency
23 of inundation through changing the rate or method
24 of discharge of water to wetlands or other surface
25 waters or by impounding water in wetlands or other
26 surface waters must also be addressed to prevent
27 adverse effects to functions that wetlands and
28 other surface waters provide to fish and wildlife
29 and listed species. Different types of wetlands
30 respond differently to increased depth, duration,
31 or frequency of inundation. Therefore, the
32 applicant must provide reasonable assurance that
33 activities that have the potential to increase
34 discharge or water levels will not adversely affect
35 the functioning of the specific wetland or other
36 surface water subject to the increased discharge or
37 water level.
38
39 (c) Whenever portions of a system could have the
40 effect of altering water levels in wetlands or
41 other surface waters, applicants shall be required
42 to monitor the wetland or other surface waters to
43 demonstrate that such alteration has not resulted
44 in adverse impacts; or calibrate the system to
45 prevent adverse impacts. Monitoring parameters,
46 methods, schedules, and reporting requirements
47 shall be specified in permit conditions.
48
49 12.2.3 Public Interest Test
50
51 In determining whether a regulated activity located
52 in, on, or over surface waters or wetlands is not


August 29, 1994
Suwannee River Water Management District B





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 contrary to the public interest, or if such an
2 activity significantly degrades, or is within an
3 Outstanding Florida Water, that the regulated
4 activity is clearly in the public interest, the
5 District shall consider and balance, and an
6 applicant must address, the following criteria:
7
8 (a) Whether the regulated activity will adversely
9 affect the public health, safety, or welfare or the
10 property of others (40B-400.104(1) (a)l., F.A.C.);
11
12 (b) Whether the regulated activity will adversely
13 affect the conservation of fish and wildlife,
14 including endangered or threatened species, or
15 their habitats (40B-400.104(1) (a)2., F.A.C.);
16
17 c) Whether the regulated activity will adversely
18 affect navigation or the flow of water or cause
19 harmful erosion or shoaling (40B-400.104(1) (a)3.,
20 F.A.C.);
21
22 (d) Whether the regulated activity will adversely
23 affect the fishing or recreational values or marine
24 productivity in the vicinity of the activity (40B-
25 400.104(1)(a)4., F.A.C.);
26
27 (e) Whether the regulated activity will be of a
,28 temporary or permanent nature (40B-400.104(a)5.,
29 F.A.C.);
30
31 (f) Whether the regulated activity will adversely
32 affect or will enhance significant historical and
33 archaeological resources under the provisions of
34 section 267.061, F.S. (40B-400.104(1) (a)6.,
35 F.A.C.); and
36
37 (g) The current condition and relative value of
38 functions being performed by areas affected by the
39 proposed regulated activity (40B-400.104(1) (a)7.,
40 F.A.C.).
41
42 12.2.3.1 Public health, safety, or welfare or the property
43 of others
44
45 In reviewing and balancing the criterion regarding
46 public health, safety, welfare and the property of
47 others in paragraph 12.2.3(a), the District will
48 evaluate whether the regulated activity located in,
49 on, or over wetlands or other surface waters will
50 cause:
51
52 (a) an environmental hazard to public health or


August 29, 1994
Suwannee River Water Management 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 safety or improvement to public health or safety
2 with respect to environmental issues. Each
3 applicant must identify potential environmental
4 public health or safety issues resulting from their
5 project. Examples of these type of issues include:
6 mosquito control; proper disposal of solid,
7 hazardous, domestic or industrial waste; aids to
8 navigation; hurricane preparedness or cleanup;
9 environmental remediation, enhancement or
10 restoration; and similar environmentally related
11 issues. For example, the installation of
12 navigational aids may improve public safety and may
13 reduce impacts to public resources.
14
15 (b) impacts to areas classified by the Department
16 as approved, conditionally approved, restricted or
17 conditionally restricted for shellfish harvesting.
18 Activities which would cause closure or a more
19 restrictive classification or management plan for a
20 shellfish harvesting area would result in a
21 negative factor in the public interest balance with
22 respect to this criterion.
23
24 (c) flooding or alleviate existing flooding on the
25 property of others. There is at least a neutral
26 factor in the public interest balance with respect
27 to the potential for causing or alleviating
28 flooding problems if the applicant meets the water
29 quantity criteria in sections 10.3-10.6 of the
30 Handbook.
31
32 (d) environmental impacts to the property of
33 others. For example, the construction of a ditch
34 that results in drawdown impacts to a wetland or
35 other surface water on an adjacent property would
36 be an environmental impact to the property of
37 others. The District will not consider impacts to
38 property values.
39
40 12.2.3.2 Fish and wildlife and their habitats
41
42 The District's public interest review of that
43 portion of a proposed system in, on, or over
44 wetlands and other surface waters for impacts to
45 "the conservation of fish and wildlife, including
46 endangered or threatened species, or their
47 habitats" is encompassed within the required review
48 of the entire system under subsection 12.2.2. An
49 applicant must always provide the reasonable
50 assurances required under subsection 12.2.2;
51 consequently, the public interest in paragraph
52 12.2.3(b) must always be a positive or neutral


August 29, 1994
Suwannee River Water Management District 10





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 factor in the public interest balance, or whenever
S2 it is a negative factor, the adverse impact must be
3 offset through mitigation.
4
5 12.2.3.3 Navigation, water flow, erosion and shoaling
6
7 In reviewing and balancing the criterion on
8 navigation, erosion and shoaling in paragraph
9 12.2.3(c), the District will evaluate whether the
10 regulated activity located in, on or over wetlands
11 or other surface waters will:
12
13 (a) significantly impede navigability or enhance
14 navigability. The District will consider the
15 current navigational uses of the surface waters and
16 will not speculate on uses which may occur in the
17 future. Applicants proposing to construct bridges
18 or other traversing works must address adequate
19 horizontal and vertical clearance for the type of
20 watercraft currently navigating the surface waters.
21 Applicants proposing to construct docks, piers and
22 other works which extend into surface waters must
23 address the continued navigability of these waters.
24 An encroachment into a marked or customarily used
25 navigation channel is an example of a significant
26 impediment to navigability. Applicants proposing
_27 temporary activities in navigable surface waters,
18 such as the mooring of construction barges, must
29 address measures for clearly marking the work as a
30 hazard to navigation, including nighttime lighting.
31 The addition of navigational aids may be beneficial
32 to navigation. If an applicant has a U.S. Coast
33 Guard permit issued pursuant to 14 U.S.C. Section
34 81 (1993), 33 C.F.R. Section 62 (1993) for a
35 regulated activity in, on or over wetlands or other
36 surface waters, submittal of this permit with the
37 application may assist the applicant in addressing
38 this criterion.
39
40 (b) cause or alleviate harmful erosion or
41 shoaling. Applicants proposing activities such as
42 channel relocation, artificial reefs, construction
43 of jetties, breakwaters, groins, bulkheads and
44 beach renourishment must address existing and
45 expected erosion or shoaling in the proposed
46 design. Compliance with erosion control best
47 management practices referenced in Chapter 40B-4,
48 F.A.C., will be an important consideration in
49 addressing this criterion. Each permit will have a
50 general condition which requires applicants to
51 utilize appropriate erosion control practices and
52 to correct any adverse erosion or shoaling


August 29, 1994
Suwannee River Water Management District 1 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 resulting from the regulated activities.
2
3 (c) significantly impact or enhance water flow.
4 Applicants must address significant obstructions to
5 sheet flow by assessing the need for structures
6 which minimize the obstruction such as culverts or
7 spreader swales in fill areas. Compliance with the
8 water quantity criteria found in subsection
9 12.2.2.4 shall be an important consideration in
10 addressing this criterion.
11
12 12.2.3.4 Fisheries, recreation, marine productivity
13
14 In reviewing and balancing the criterion regarding
15 fishing or recreational values and marine
16 productivity in paragraph 12.2.3(d), the District
17 will evaluate whether the regulated activity in,
18 on, or over wetlands or other surface waters will
19 cause:
20
21 (a) adverse effects to sport or commercial
22 fisheries or marine productivity. Examples of
23 activities which may adversely affect fisheries or
24 marine productivity are the elimination or
25 degradation of fish nursery habitat, change in
26 ambient water temperature, change in normal
27 salinity regime, reduction in detrital export,
28 change in nutrient levels or other adverse affects
29 on populations of native aquatic organisms.
30
31 (b) adverse effects or improvements to existing
32 recreational uses of a wetland or other surface
33 water. Wetlands and other surface waters may
34 provide recreational uses such as boating, fishing,
35 swimming, skiing, hunting and birdwatching. An
36 example of potential adverse effects to
37 recreational uses is the construction of a
38 traversing work, such as a road crossing a
39 waterway, which could impact the current use of the
40 waterway for waterskiing and boating.
41
42 12.2.3.5 Temporary or Permanent Nature
43
44 When evaluating the other criteria in subsection
45 12.2.3, the District will consider the frequency
46 and duration of the impacts caused by the proposed
47 activity. Temporary impacts will be considered
48 less harmful than permanent impacts of the same
49 nature and extent.
50
51 12.2.3.6 Historical and Archaeological Resources
52


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 August 9, 1994.

1 In reviewing and balancing the criterion regarding
2 historical and archaeological resources in
3 paragraph 12.2.3(f), the District will evaluate
4 whether the regulated activity located in, on, or
5 over wetlands or other surface waters will impact
6 significant historical or archaeological resources.
7 The applicant must map the location of and
8 characterize the significance of any known
9 historical or archaeological resources that may be
10 affected by the regulated activity located in, on
11 or over wetlands or other surface waters. The
12 District will provide copies of all conceptual,
13 individual and standard general permit applications
14 to the Division of Historical Resources of the
15 Department of State and solicit their comments
16 regarding whether the regulated activity may
17 adversely affect significant historical or
18 archaeological resources. The applicant will be
19 required to perform an archaeological survey and to
20 develop and implement a plan approved by the
21 District, as necessary to demarcate and protect the
22 significant historical and archaeological
23 resources, if such resources are reasonably
24 expected to be impacted by the regulated activity.
25
26
,-?7 12.2.3.7 Current conditions and relative value of functions
8
29 When evaluating other criteria in subsection
30 12.2.3, the District will consider the current
31 condition and relative value of the functions
32 performed by wetlands and other surface waters
33 affected by the proposed regulated activity.
34 Wetlands and other surface waters which have had
35 their hydrology, water quality or vegetative
36 composition permanently impacted due to past legal
37 alterations or occurrences, such as infestation
38 with exotic species, usually provide lower habitat
39 value to fish and wildlife. However, if the
40 wetland or other surface water is currently
41 degraded, but is still providing some beneficial
42 functions, consideration will be given to whether
43 the regulated activity will further reduce or
44 eliminate those functions. Consideration will be
45 given to the significance of wetlands and other
46 surface waters which will be impacted to local and
47 regional landscape patterns, including relative
48 abundance of similar habitat and biota. The
49 District will also evaluate the predicted ability
50 of the wetlands or other surface waters to maintain
51 their current functions as part of the proposed
,52 system once it is developed. Where previous


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 impacts to a wetland or other surface water are
2 temporary in nature, consideration will be given to
3 the inherent functions of these areas, relative to
4 seasonal hydrologic changes, and expected
5 vegetative regeneration and projected habitat
6 functions if the use of the subject property were
7 to remain unchanged. When evaluating impacts to
8 mitigation sites which have not reached success
9 pursuant to subsection 12.3.6, the District shall
10 consider the functions that the mitigation site was
11 intended to offset, and any additional delay or
12 reduction in offsetting those functions that may be
13 caused by impacting the mitigation site. Previous
14 construction or alteration undertaken in violation
15 of Chapter 373, F.S., or District rule, order or
16 permit will not be considered as having diminished
17 the condition and relative value of a wetland or
18 other surface water.
19
20 12.2.4 Water quality
21
22 Pursuant to paragraph 12.1.1(c), an applicant must
23 provide reasonable assurance that the regulated
24 activity will not violate water quality standards
25 in areas where water quality standards apply.
26
27 Reasonable assurances regarding water quality must
28 be provided both for the short term and the long
29 term, addressing the proposed construction,
30 alteration, operation, maintenance, removal and
31 abandonment of the system. The following
32 requirements are in addition to the water quality
33 requirements found in subsection 10.7.6 of the
34 Handbook.
35
36 12.2.4.1 Short term water quality considerations
37
38 The applicant must address the short term water
39 quality impacts of a proposed system, including:
40
41 (a) providing turbidity barriers or similar
42 devices for the duration of dewatering and other
43 construction activities in or adjacent to wetlands
44 or other surface waters.
45
46 (b) stabilizing newly created slopes or surfaces
47 in or adjacent to wetlands and other surface waters
48 to prevent erosion and turbidity.
49
50 (c) providing proper construction access for
51 barges, boats and equipment to ensure that
52 propeller dredging and rutting from vehicular


August 29, 1994
Suwannee River Water Management District 1 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 traffic does not occur.
2
3 (d) maintaining construction equipment to ensure
4 that oils, greases, gasoline, or other pollutants
5 are not released into wetlands or other surface
6 waters.
7
8 (e) controlling the discharge from spoil disposal
9 sites.
10
11 f) preventing any other discharge or release of
12 pollutants during construction or alteration that
13 will cause water quality standards to be violated.
14
15 12.2.4.2 Long term water quality considerations
16
17 The applicant must address the long term water
18 quality impacts of a proposed system, including:
19
20 (a) the potential of a constructed or altered
21 water body to violate water quality standards due
22 to its depth or configuration. For example, the
23 depth of water bodies must be designed to insure
24 proper mixing so that the water quality standard
25 for dissolved oxygen will not be violated in the
26 lower levels of the water body, but the depth
,--27 should not be so shallow that the bottom sediments
28 are frequently resuspended by boat activity. Water
29 bodies must be configured to prevent the creation
30 of debris traps or stagnant areas which could
31 result in violations of water quality standards.
32
33 (b) long term erosion, siltation or propeller
34 dredging that will cause turbidity violations.
35
36 (c) prevention of any discharge or release of
37 pollutants from the system that will cause water
38 quality standards to be violated.
39
40 12.2.4.3 Additional water quality considerations for docking
41 facilities
42
43 Docking facilities, due to their nature, provide
44 potential sources of pollutants to wetlands and
45 other surface waters. To provide the required
46 reasonable assurance that water quality standards
47 will not be violated, the following factors must be
48 addressed by an applicant proposing the
49 construction of a new docking facility, or the
50 expansion of or other alteration of an existing
51 docking facility that has the potential to
52 adversely affect water quality:


August 29, 1994
Suwannee River Water Management District 1 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
2 (a) Hydrographic information or studies shall be
3 required for docking facilities of greater than ten
4 boat slips. Hydrographic information or studies
5 also may be required for docking facilities of less
6 than ten slips, dependent upon the site specific
7 features described in paragraph 12.2.4.3(b) below.
8 In all cases, the need for a hydrographic study,
9 and the complexity of the study, will be dependent
10 upon the specific project design and the specific
11 features of the project site.
12
13 (b) The purpose of the hydrographic information or
14 studies is to document the flushing time (the time
15 required to reduce the concentration of a
16 conservative pollutant to ten percent of its
17 original concentration) of the water at the docking
18 facility. This information is used to determine
19 the likelihood that the facility will accumulate
20 pollutants to the extent that water quality
21 violations will occur. Generally, a flushing time
22 of less than or equal to four days is the maximum
23 that is desirable for docking facilities. However,
24 the evaluation of the maximum desirable flushing
25 time also takes into consideration the size (number
26 of slips) and configuration of the proposed docking
27 facility; the amplitude and periodicity of the
28 tide; the geometry of the subject waterbody; the
29 circulation and flushing of the waterbody; the
30 quality of the waters at the project site; the type
31 and nature of the docking facility; the services
32 provided at the docking facility; and the number
33 and type of other sources of water pollution in the
34 area.
35
36 (c) The level and type of hydrographic information
37 or studies that will be required for the proposed
38 docking facility will be determined based upon an
39 analysis of site specific characteristics. As
40 compared to sites that flush in less than four
41 days, sites where the flushing time is greater than
42 four days generally will require additional, more
43 complex levels of hydrographic studies or
44 information to determine whether water quality
45 standards can be expected to be violated by the
46 facility. The degree and complexity of the
47 hydrographic study will be dependent upon the types
48 of considerations listed in paragraph 12.2.4.3.(b),
49 including the potential for the facility, based on
50 its design and location, to add pollutants to the
51 receiving waters. Types of information required
52 include the following site-specific measurements:


August 29, 1994
Suwannee River Water Management District 16


I






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 waterway geometry, tidal amplitude, the periodicity
2 of forces that drive water movement at the site,
3 and water tracer studies that document specific
4 circulation patterns.
5
6 (d) The applicant shall document, through
7 hydrographic information or studies, that
8 pollutants leaving the site of the docking facility
9 will be adequately dispersed in the receiving water
10 body so as to not cause violations of water quality
11 standards based on circulation patterns and
12 flushing characteristics of the receiving water
13 body.
14
15 (e) In all cases, the hydrographic studies shall be
16 designed to document the hydrographic
17 characteristics of the project site and surrounding
18 waters. All hydrographic studies must be based on
19 the factors described in paragraphs (a)-(d) above.
20 An applicant should consult with the District prior
21 to conducting such a study.
22
23 (f) Fueling facilities shall be located and
24 operated so that the potential for spills or
25 discharges to surface waters and wetlands is
26 minimized. Containment equipment and emergency
"'n7 response plans must be provided to ensure that the
28 effects of spills are minimized.
29
30 (g) The disposal of domestic wastes from boat
31 heads, particularly from liveaboard vessels, must
32 be addressed to prevent improper disposal into
33 wetlands or other surface waters. A liveaboard
34 vessel shall be defined as a vessel docked at the
35 facility that is inhabited by a person or persons
36 for any five consecutive days or a total of ten
37 days within a 30 day period.
38
39 (h) The disposal of solid waste, such as garbage
40 and fish cleaning debris, must be addressed to
41 prevent disposal into wetlands or other surface
42 waters.
43
44 (i) Pollutant leaching characteristics of materials
45 such as pilings and anti-fouling paints used on the
46 hulls of vessels must be addressed to ensure that
47 any pollutants that leach from the structures and
48 vessels will not cause violations of water quality
49 standards given the flushing at the site and the
50 type, number and concentration of the likely
51 sources of pollutants.
,- 52


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 12.2.4.4 Mixing Zones
2
3 A temporary mixing zone for water quality during
4 construction or alteration may be requested by the
5 applicant. The District shall review such request
6 pursuant to sections 17-4.242 and 17-4.244(5), in
7 accordance with the Operating Agreement Concerning
8 Regulation Under Part IV, Chapter 373, F.S. adopted
9 by reference in Section 40B-1.106, F.A.C.
10
11 12.2.4.5 Where ambient water quality does not meet standards
12
13 If the site of the proposed activity currently
14 does not meet water quality standards, the
15 applicant must demonstrate compliance with the
16 water quality standards by meeting the provisions
17 in subsections 12.2.4.1, 12.2.4.2, and 12.2.4.3, as
18 applicable, and for the parameters which do not
19 meet water quality standards, the applicant must
20 demonstrate that the proposed activity will not
21 contribute to the existing violation. If the
22 proposed activity will contribute to the existing
23 violation, mitigation may be proposed as described
24 in subsection 12.3.1.4.
25
26 12.2.5 Class II Waters; Waters approved for shellfish
27 harvesting
28
29 The special value and importance of shellfish
30 harvesting waters to Florida's economy as existing
31 or potential sites of commercial and recreational
32 shellfish harvesting and as a nursery area for fish
33 and shell fish is recognized by the District. In
34 accordance with paragraph 12.1.1(d), the District
35 shall:
36
37 (a) deny a permit for a regulated activity in
38 Class II waters which are not approved for
39 shellfish harvesting unless the applicant submits a
40 plan or proposes a procedure to protect those
41 waters and waters in the vicinity. The plan or
42 procedure shall detail the measures to be taken to
43 prevent significant damage to the immediate project
44 area and the adjacent area and shall provide
45 reasonable assurance that the standards for Class
46 II waters will not be violated;
47
48 (b) deny a permit for a regulated activity in any
49 class of waters where the location of the system is
50 adjacent or in close proximity to Class II waters,
51 unless the applicant submits a plan or proposes a
52 procedure which demonstrates that the regulated


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.

1 activity will not have a negative effect on the
2 Class II waters and will not result in violations
3 of water quality standards in the Class II waters;
4 and
5
6 (c) deny a permit for a regulated activity that is
7 located directly in Class II or Class III waters
8 which are classified by the Department as approved,
9 restricted, conditionally approved or conditionally
10 restricted for shellfish harvesting. However, the
11 District may issue permits or certifications for
12 maintenance dredging of navigational channels, the
13 construction of shoreline protection structures,
14 the installation of transmission and distribution
15 lines for carrying potable water, electricity or
16 communication cables in rights-of-way previously
17 used for such lines, for clam and oyster culture,
18 and for private, single family boat docks that meet
19 the following criteria for installation in such
20 waters:
21
22 1. there shall be no more than two boats
23 moored at the dock;
24
25 2. no overboard discharges of trash, human
26 or animal waste, or fuel shall occur at the
,27 dock;
8
29 3. any non-water dependent structures, such
30 as gazebos or fish cleaning stations, shall be
31 located on the uplands;
32
33 4. prior to the mooring of any boat at the
34 dock, there shall be existing structures with
35 toilet facilities located on the uplands;
36
37 5. any proposed shelter shall not have
38 enclosed sides;
39
40 6. the mooring area shall be located in
41 waters sufficiently deep to prevent bottom
42 scour by boat propellers; and
43
44 7. any structures located over grassbeds
45 shall be designed so as to allow for the
46 maximum light penetration practicable.
47
48 12.2.6 Vertical seawalls
49
50 (a) The construction of vertical seawalls in
51 estuaries or lagoons is prohibited unless one of
52 the following conditions exists:


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 August 9, 1994.

1
2 1. the proposed construction is located
3 within a port as defined in Section 315.02,
4 F.S., or Section 403.021, F.S.;
5
6 2. the proposed construction is necessary
7 for the creation of a marina, the vertical
8 seawalls are necessary to provide access to
9 watercraft, or the proposed construction is
10 necessary for public facilities;
11
12 3. the proposed construction is to be
13 located within an existing manmade canal and
14 the shoreline of such canal is currently
15 occupied in whole or in part by vertical
16 seawalls; or
17
18 4. the proposed construction is to be
19 conducted by a public utility when such
20 utility is acting in the performance of its
21 obligation to provide service to the public.
22
23 (b) When considering an application for a permit
24 to repair or replace an existing vertical seawall,
25 the District shall generally require such seawall
26 to be faced with riprap material, or to be replaced
27 entirely with riprap material unless a condition
28 specified in subparagraphs 1.-4. above exists.
29 Nothing in this subsection shall be construed to
30 hinder any activity previously exempt or permitted,
31 or those activities permitted pursuant to Chapter
32 161, F.S.
33
34 12.2.7 Secondary Impacts
35
36 Pursuant to paragraph 12.1.1(f), an applicant must
37 provide reasonable assurances that a regulated
38 activity will not cause adverse secondary impacts
39 to the water resource, as described in paragraphs
40 (a) through (d) below. Aquatic or wetland
41 dependent fish and wildlife are an integral part of
42 the water resources which the District is
43 authorized to protect under Part IV, Chapter 373,
44 F.S. Those aquatic or wetland dependent species
45 which are listed as threatened, endangered or of
46 special concern are particularly in need of
47 protection.
48
49 A proposed system shall be reviewed under this
50 criterion by evaluating the impacts to: wetland and
51 surface water functions identified in subsection
52 12.2.2; water quality; upland habitat for aquatic


August 29, 1994
Suwannee River Water management District 9 n





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 or wetland dependent listed species; and historical
2 and archaeological resources. De minimis or
3 remotely related secondary impacts will not be
4 considered. Applicants may propose measures such
5 as preservation to prevent secondary impacts. Such
6 preservation shall comply with the land
7 preservation provisions of subsection 12.3.8. If
8 such secondary impacts can not be prevented, the
9 applicant may propose mitigation measures as
10 provided for in subsections 12.3 12.3.8.
11
12 This secondary impact criterion consists of the
13 following four parts:
14
15 (a) An applicant shall provide reasonable
16 assurance that the secondary impacts from
17 construction, alteration, and intended or
18 reasonably expected uses of a proposed system will
19 not cause violations of water quality standards or
20 adverse impacts to the functions of wetlands or
21 other surface waters as described in section
22 12.2.2.
23
24 Impacts such as boat traffic generated by a
25 proposed dock, boat ramp or dry dock facility,
26 which causes an increased threat of collision with
,27 manatees; impacts to wildlife from vehicles using
18 proposed roads in wetlands or surface waters;
29 impacts to water quality associated with the use of
30 septic tanks or propeller dredging by boats and
31 wakes from boats; and impacts associated with
32 docking facilities as described in paragraphs
33 12.2.4.3(f) and (h). Secondary impacts will be
34 considered relative to the specific activities
35 proposed and the potential for such impacts.
36 Impacts of groundwater withdrawals upon wetlands
37 and other surface waters that result from, the use
38 of wells permitted pursuant to Chapter 40B-2,
39 F.A.C., shall not be considered under rules adopted
40 pursuant to Part IV of Chapter 373, F.S., since
41 these impacts are considered in the consumptive use
42 permit application process.
43
44 Unless additional measures are required for
45 protection of wetlands used by listed species for
46 nesting, denning, or significant feeding habitat,
47 secondary impacts to the habitat functions of
48 wetlands associated with adjacent upland activities
49 will not be considered adverse if buffers, with a
50 minimum width of 15' and an average width of 25',
51 are provided abutting those wetlands that will
52 remain under the permitted design. Buffers shall


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 remain in an undisturbed condition, except for
2 drainage features such as spreader swales and
3 discharge structures, provided the construction or
4 use of these features does not adversely impact
5 wetlands.
6
7 (b) An applicant shall provide reasonable
8 assurance that the construction, alteration, and
9 intended or reasonably expected uses of a proposed
10 system will not adversely impact the ecological
11 value of uplands to aquatic or wetlands dependent
12 listed species for:
13
14 1. Existing nesting or denning by these
15 species; and
16
17 2. Enabling existing nests or dens to be
18 used successfully by these species.
19
20 Table 12.2.7-1 identifies those aquatic or
21 wetland dependent listed species that use
22 upland habitats for nesting, and denning.
23
24 For those aquatic or wetland dependent listed
25 species for which habitat management
26 guidelines have been developed by the U.S.
27 Fish and Wildlife Service (USFWS) or the
28 Florida Game and Fresh Water Fish Commission
29 (FGFWFC), compliance with these guidelines
30 will provide reasonable assurance that the
31 proposed system will not adversely impact
32 upland habitat functions described in
33 paragraph (b). For those aquatic or wetland
34 dependent listed species for which habitat
35 management guidelines have not been developed
36 or in cases where an applicant does not
37 propose to use USFWS or FGFWFC habitat
38 management guidelines, the applicant may
39 propose measures to mitigate adverse impacts
40 to upland habitat functions described in
41 paragraph (b) provided to aquatic or wetland
42 dependent listed species.
43
44 (c) In addition to evaluating the impacts in the
45 area of any dredging and filling in, on, or over
46 wetlands or other surface waters, and as part of
47 the balancing review under subsection 12.2.3, the
48 District will consider any other relevant
49 activities that are very closely linked and
50 causally related to any proposed dredging or
51 filling which will cause impacts to significant
52 historical and archaeological resources.


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 August 9, 1994.

S1
2 (d) An applicant shall provide reasonable
3 assurance that the following future activities:
4
5 1. additional phases or expansion of the
6 proposed system for which plans have been
7 submitted to the District or other
8 governmental agencies; and
9
10 2. on-site and off-site activities regulated
11 under Part IV, Chapter 373, F.S., or
12 activities described in section 403.813(2),
13 F.S., that are very closely linked and
14 causally related to the proposed system,
15
16 will not result in water quality violations or
17 adverse impacts to the functions of wetlands and
18 other surface waters as described in subsection
19 12.2.2. As part of this review, the District will
20 also consider the impacts of the intended or
21 reasonably expected uses of the future activities
22 on water quality and wetland and other surface
23 water functions.
24
25 In conducting the analysis under paragraph
26 (d)2., above, the District will consider those
-'-7 future projects or activities which would not occur
Z8 but for the proposed system, including where the
29 proposed system would be considered a waste of
30 resources, should the future project or activities
31 not be permitted.
32
33 Where practicable, proposed systems shall be
34 designed in a fashion which does not necessitate
35 future impacts to wetland and other surface water
36 functions. If future phases or project expansion
37 have the potential to cause adverse secondary
38 impacts, applicants must provide sufficient
39 conceptual design information to provide seasonable
40 assurance that these impacts can be successfully
41 eliminated or offset.
42
43 One way for applicants to establish that future
44 phases or system expansions do not have adverse
45 secondary impacts is for the applicant to obtain a
46 conceptual approval permit for the entire project.








August 29, 1994
Suwannee River Water Management District 23







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 TABLE 12.2.7-1

2

3 LISTED WILDLIFE SPECIES THAT ARE AQUATIC OR WETLAND DEPENDENT

4 AND THAT USE UPLAND HABITATS FOR NESTING OR DENNING

5 Fishes

6 Species of special concern

7 Rivulus marmoratus (mangrove rivulus; rivulus)

8

9 Reptiles

10 Endangered

11 Chelonia mydas mydas (Atlantic green turtle)

12 Crocodylus acutus (American crocodile)

13 Dermochelys coriacea (leatherback turtle; leathery turtle)

14 Eretmochelys imbricata imbricata (Atlantic hawksbill turtle)

15 Kinosternon bauri (striped mud turtle) THIS SPECIES LISTED

16 ONLY IN LOWER KEYS

17 Lepidochelys kempi (Atlantic ridley turtle)

18 Threatened

19 Caretta caretta caretta (Atlantic loggerhead turtle)

20 Diadophis puctatus acricus (Big Pine Key ringneck snake; Key

21 ringneck snake)

22 Drymarchon corais couperi (eastern indigo snake)

23 Thamnophis sauritus sackeni (Florida (Keys) ribbon snake)

24 THIS SPECIES LISTED ONLY IN LOWER KEYS

25

26 Species of special concern



August 29, 1994
Suwannee River Water Management District 24






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 Alligator mississippiensis (American alligator)

2 Graptemys barbouri (Barbour's map turtle; Barbour's sawback

3 turtle)

4 Macroclemys temmincki (alligator snapping turtle)

5 Pseudemys concinna suwanniensis (Suwannee cooter)

6

7 Birds

8 Endangered

9 Ammodramus maritimus mirabilis (Cape Sable seaside sparrow)

10 Mycteria americana (wood stork)

11 Rostrhamus sociabilis (snail kite)

12 Threatened

13 Charadrius alexandrinus tenuirostris (southeastern snowy

14 plover)

-5 Charadrius melodus (piping plover)

16 Columba leucocephalus (white-crowned pigeon)

17 Grus canadensis pratensis (Florida sandhill crane)

18 Haliaeetus leucocephala (bald eagle)

19 Picoides borealis (red-cockaded woodpecker) THIS SPECIES ONLY

20 WETLAND DEPENDENT IN LEE, COLLIER, AND CHARLOTTE COUNTIES

21 Polyborus plancus audubonii (Audubon's crested caracara)

22 Sterna antillarum (least tern)

23 Sterna dougallii (roseate tern)









August 29, 1994
Suwannee River Water Management District 25






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 Species of special concern

2 Ajaia ajaia (roseate spoonbill)

3 Ammodramus maritimus juncicolus (Wakulla seaside sparrow)

4 Ammodramus maritimus peninsula (Scott's seaside sparrow)

5 Aramus guarauna limpkinn)

6 Cistothorus palustris griseus (Worthington's marsh wren)

7 Cistothorus palustris marianae (Marian's marsh wren)

8 Egretta caerulea (little blue heron)

9 Egretta rufescens (reddish egret)

10 Egretta thula (snowy egret)

11 Egretta tricolor tricoloredd heron; Louisiana heron)

12 Eudocimus albus (white ibis)

13 Haematopus palliatus (American oystercatcher)

14 Pandion haliaetus (osprey) THIS SPECIES LISTED ONLY IN MONROE

15 COUNTY

16 Pelecanus occidentalis (brown pelican)

17 Rhynchops niger (black skimmer)

18

19 Mammals

20 Endangered

21 Felis concolor coryi (Florida panther)

22 Microtus pennsylvanicus dukecampbelli (Duke's saltmarsh vole;

23 Florida saltmarsh vole)

24 Myotis grisescens (gray bat)

25 Myotis sodalis (Indiana bat)

26 Odocoileus virginianus clavium (Key deer; toy deer)



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 Oryzomys argentatus (silver rice rat)

2 Sylvilagus palustris hefneri (Lower Keys marsh rabbit)

3 Threatened

4 Mustela vison evergladensis (Everglades mink)

5 Sciurus niger avicennia (Big Cypress fox squirrel; mangrove

6 fox squirrel)

7 Ursus americanus floridanus (Florida black bear) THIS SPECIES

8 NOT LISTED IN BAKER AND COLUMBIA COUNTIES AND THE

9 APALACHICOLA NATIONAL FOREST

10 Species of Special Concern

11 Oryzomys palustris sanibeli (Sanibel Island rice rat)

12 Sciurus niger shermani (Sherman's fox squirrel) THIS SPECIES

13 WETLAND DEPENDENT ONLY IN CHARLOTTE, LEE, SARASOTA, MANATEE,

14 HILLSBOROUGH, AND PASCO COUNTIES

15 Sorex longirostris eionis (Homosassa shrew)



























August 29, 1994
Suwannee River Water Management District 27






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 12.2.8 Cumulative Impacts
2
3 Pursuant to paragraph 12.1.1(g), an applicant must
4 provide reasonable assurances that a regulated
5 activity will not cause unacceptable cumulative
6 impacts upon wetlands and other surface waters
7 within the same drainage basin as the regulated
8 activity for which a permit is sought. The impact
9 on wetlands and other surface waters shall be
10 reviewed by evaluating the impacts to water quality
11 as set forth in subsection 12.1.1(c) and by
12 evaluating the impacts to functions identified in
13 subsection 12.2.2. The drainage basins within the
14 District are identified on Figure 12.2.8-1.
15
16 An applicant must provide reasonable assurance that
17 the proposed system, when considered with the
18 following activities, will not result in
19 unacceptable cumulative impacts to water quality or
20 the functions of wetlands and other surface waters,
21 within the same drainage basin:
22
23 (a) projects which are existing or activities
24 regulated under part IV, chapter 373 which are
25 under construction or projects for which permits or
26 determinations pursuant to sections 373.421 or
27 403.914 have been sought.
28
29 (b) activities which are under review, approved,
30 or vested pursuant to section 380.06, or other
31 activities regulated under part IV, chapter 373
32 which may reasonably be expected to be located
33 within wetlands or other surface waters, in the
34 same drainage basin, based upon comprehensive
35 plans, adopted pursuant to chapter 163, of local
36 governments having jurisdiction over the
37 activities, or applicable land use restrictions and
38 regulations.
39
40 Only those activities listed in paragraphs (a) and
41 (b) which have similar types of impacts (adverse
42 effects) to those which will be caused by the
43 proposed system will be considered. (All citations
44 in paragraphs (a) and (b) refer to provisions of
45 Florida Statutes.)
46
47 The cumulative impact evaluation is conducted using
48 an assumption that reasonably expected future
49 applications with like impacts will be sought, thus
50 necessitating equitable distribution of acceptable
51 impacts among future applications.
52


August 29, 1994
Suwannee River Water Management District 2 R






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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22


12.2.8.1















12.2.8.2


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 as set
forth in subsection 12.1.1(c), or significant
adverse impacts to functions of wetlands or other
surface waters identified in subsection 12.2.2,
within the same drainage basin when considering the
basin as a whole. 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.

Applicants may propose measures such as
preservation to prevent cumulative impacts. Such
preservation shall comply with the land
preservation provisions of subsection 12.3.8. If
unacceptable cumulative impacts are expected to
occur, the applicant may propose mitigation
measures as provided for in sections 12.3 12.3.8.


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.


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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 12.3 Mitigation
2
3 Protection of wetlands and other surface waters is
4 preferred to destruction and mitigation due to the
5 temporal loss of ecological value and uncertainty
6 regarding the ability to recreate certain functions
7 associated with these features. Mitigation will
8 be approved only after the applicant has complied
9 with the requirements of subsection 12.2.1
10 regarding practicable modifications to eliminate or
11 reduce adverse impacts. However, any mitigation
12 proposal submitted for review shall be reviewed
13 concurrently with the analysis of any modifications
14 pursuant to subsection 12.2.1. This section
15 establishes criteria to be followed in evaluating
16 mitigation proposals.
17
18 Mitigation required by sections 12.3 12.3.8 must
19 offset the adverse impacts to the functions
20 identified in sections 12.2 12.2.8.2 caused by
21 regulated activities. In certain cases, mitigation
22 cannot offset impacts sufficiently to yield a
23 permittable project. Such cases often include
24 activities which significantly degrade Outstanding
25 Florida Waters, adversely impact habitat for listed
26 species, or adversely impact those wetlands or
27 other surface waters not likely to be successfully
28 recreated.
29
30 Applicants are encouraged to consult with District
31 staff in pre-application conferences or during the
32 application process to identify appropriate
33 mitigation options.
34
35 12.3.1 Types of Mitigation
36
37 Mitigation usually consists of restoration,
38 enhancement, creation, or preservation of wetlands,
39 other surface waters or uplands. In some cases, a
40 combination of mitigation types is the best
41 approach to offset adverse impacts resulting from
42 the regulated activity.
43
44 12.3.1.1 In general, mitigation is best accomplished through
45 creation, restoration, enhancement, or preservation
46 of ecological communities similar to those being
47 impacted. However, when the area proposed to be
48 impacted is degraded, compared to its historic
49 condition, mitigation is best accomplished through
50 creation, restoration, enhancement or preservation
51 of the ecological community which was historically
-52 present. Mitigation involving other ecological


August 29, 1994
Suwannee River Water Management District 31






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.


12.3.1.2


12.3.1.3



12.3.1.4










12.3.1.5


communities is acceptable if impacts are offset and
the applicant demonstrates that greater improvement
in ecological value will result.


In general, mitigation is best accomplished when
located on-site or in close proximity to the area
being impacted. Off-site mitigation will only be
accepted 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. One example of a project that would be
expected to meet the criteria of paragraphs (a) or
(b) above is a linear project which cannot
effectively implement on-site mitigation due to
right-of-way constraints.

Mitigation through participation in a mitigation
bank shall be in accordance with subsection 12.4
Use of Mitigation Banks

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
applicant must implement mitigation measures that
will cause net improvement of the water quality in
the receiving waters for those parameters which do
not meet standards. (See 373.414(1)(16), F.S.)

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


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.


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


12.3.1.7








12.3.1.8


9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52


Mitigation for certain mining activities shall be
in accordance with subsection 373.414(6), F.S.

Except as provided in subsection 373.414(6), F.S.,
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

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.

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, including
creation, restoration, enhancement and
preservation. The difference between the ranges of
ratios provided for mitigation types is based on
the degree of improvement in ecological value
expected from each type. Creation and restoration
are assigned the lowest range of ratios as these
activities, when successfully conducted, add new
wetlands or other surface waters which provide the
same or similar functions as the areas adversely
impacted. The range of ratios established for
enhancement is higher than that for creation and
restoration, as the area being enhanced currently
provides a degree of the desired functions, and
this type of mitigation serves to increase, rather
than create, those functions. Preservation differs


August 29, 1994
Suwannee River Water Management District 33


1
2
3
4


12.3.2






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 from the other types of mitigation in that it does
2 not serve to improve the existing ecological value
3 of an area in the short term. However,
4 preservation does provide benefits as it can ensure
5 that the values of the preserved area are protected
6 and maintained in the long term, particularly when
7 these values are not fully protected under existing
8 regulatory programs. Therefore, the range of
9 ratios established for preservation is higher than
10 those for other types of mitigation. These ratios
11 are provided as guidelines for preliminary planning
12 purposes only and the actual ratio may be higher or
13 lower based on a consideration of the factors
14 listed in subsections 12.3.2.1 and 12.3.2.2. For
15 other types of mitigation, ratios will be
16 determined based upon the reduction in quality and
17 relative value of the functions of the areas
18 adversely impacted as compared to the expected
19 improvement in quality and value of the functions
20 of the mitigation area.
21
22 12.3.2.1 Creation, Restoration and Enhancement
23
24 When considering creation, restoration and
25 enhancement as mitigation, the following factors
26 will be considered to determine whether the
27 mitigation proposal will offset the proposed
28 impacts and to determine the appropriate mitigation
29 ratio:
30
31 (a) The reduction in quality and relative
32 value of the function of the areas adversely
33 impacted, including the factors listed in
34 subsection 12.2.2.3, as compared to the
35 proposed improvement in quality and value of
36 the functions of the area to be created,
37 restored or enhanced.
38
39 (b) Any special designation or classification
40 of the affected area.
41
42 (c) The presence and abundance of nuisance
43 and exotic plants within the area to be
44 adversely impacted.
45
46 (d) The hydrologic condition of the area to
47 be adversely impacted and the degree to which
48 it has been altered relative to the historic
49 condition.
50
51 (e) The length of time expected to elapse
52 before the functions of the area adversely


August 29, 1994
Suwannee River Water Management District 3 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 impacted will be offset.
2
3 (f) The likelihood of mitigation success.
4
5 (g) For mine reclamation activities subject
6 to Chapter 211, F.S., Part II, whether the
7 ratio is consistent with the mine reclamation
8 plan submitted pursuant to Chapter 378, F.S.
9
10 12.3.2.1.1 Creation and restoration have the potential to
11 result in similar benefits, if they can be
12 successfully accomplished. Therefore, the ratio
13 ranges given below for these two types of
14 mitigation are the same. Restoration is usually
15 preferred over creation as it often has a greater
16 chance of success due to soil characteristic,
17 hydrologic regime, landscape position or other
18 factors that favor re-establishment of wetland or
19 other surface water communities. Restoration
20 ratios will generally be at the lower end of the
21 ratio ranges within the guidelines below. The
22 following ratio guidelines will be used to estimate
23 the acreage of wetland restoration or creation
24 required:
25
26 (a) Mangrove swamps, cypress swamps, and hardwood
27 swamps 2:1 to 5:1 (acres created or restored:
"28 acres impacted).
29
30 (b) Saltwater marshes and freshwater marshes -
31 1.5:1 to 4:1 (acres created or restored: acres
32 impacted.
33
34 12.3.2.1.2 The ratio guidelines for use in the estimation of
35 the acreage of wetland enhancement will range from
36 4:1 to 20:1 (acres enhanced: acres impacted).
37
38 12.3.2.2 Preservation
39
40 (a) Preservation of important ecosystems can
41 provide an improved level of protection over
42 current regulatory programs. The District will
43 consider as mitigation the preservation, by
44 donation or conservation easement or other
45 comparable land use restriction, of wetlands, other
46 surface waters, or uplands. Conservation easements
47 or restrictions must be consistent with the
48 requirements of subsection 12.3.8. In many cases
49 it is not expected that preservation alone will be
50 sufficient to offset adverse impacts. Preservation
51 will most frequently be approved in combination
52 with other mitigation measures.


August 29, 1994
Suwannee River Water Management District 35






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 (b) When considering preservation as mitigation,
3 the following factors will be considered to
4 determine whether the preservation parcel would
5 offset the proposed impacts and to determine the
6 appropriate mitigation ratio.
7
8 1. The reduction in quality and relative
9 value of the functions of the areas adversely
10 impacted, including those factors listed in
11 subsection 12.2.2.3, as compared to the
12 quality and value of the functions of the area
13 to be preserved and the additional protection
14 provided to these functions by the proposed
15 preservation. Factors used in determining
16 this additional level of protection include
17 the extent and likelihood that the land to be
18 preserved would be adversely impacted if it
19 were not preserved, considering the protection
20 provided by existing regulations and land use
21 restrictions.
22
23 2. Any special designation or classification
24 of the affected area.
25
26 3. The presence and abundance of nuisance
27 and exotic plants within the area to be
28 adversely impacted.
29
30 4. The ecological and hydrological
31 relationship between wetlands, other surface
32 waters, and uplands to be preserved.
33
34 5. The extent to which proposed management
35 activities on the area to be preserved promote
36 natural ecological conditions, such as natural
37 fire patterns.
38
39 6. The proximity of the area to be preserved
40 to areas of national, state, or regional
41 ecological significance, such as national or
42 state parks, Outstanding Florida Waters, and
43 other regionally significant ecological
44 resources or habitats, such as lands acquired
45 or to be acquired through governmental or non-
46 profit land acquisition programs for
47 environmental conservation, and whether the
48 areas to be preserved include corridors
49 between these habitats.
50
51 7. The extent to which the preserved area
52 provides habitat for fish and wildlife,


August 29, 1994
Suwannee River Water Management District ? A






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 especially listed species.
2
3 8. Any special designation or classification
4 of the area to be preserved.
5
6 9. The extent of invasion of nuisance and
7 exotic species within the area to be
8 preserved.
9
10 (c) Wetland and other surface water preservation
11 ratios. Since wetlands and other surface waters
12 are, to a large extent, protected by existing
13 regulations, the ratio guideline for preservation
14 of wetlands and other surface waters is
15 substantially higher than for restoration and
16 creation. The ratio guideline for wetland and
17 other surface water preservation will be 10:1 to
18 60:1, (acreage wetlands and other surface waters
19 preserved to acreage impacted).
20
21 (d) Upland preservation ratios. Many wildlife
22 species that are aquatic or wetland dependent spend
23 critical portions of their life cycles in uplands.
24 Uplands function as the contributing watershed to
25 wetlands and are necessary to maintain the
,26 ecological value of those wetlands. Because of
27 these values, the preservation of certain uplands
28 may be appropriate for full or partial mitigation
29 of wetland impacts and impacts to uplands that are
30 used by listed aquatic or wetland dependent
31 species as described in subsection 12.2.7.1. The
32 ratio guideline for upland preservation will be 3:1
33 to 20:1 (acreage of uplands preserved to acreage
34 impacted).
35
36 12.3.2.3 To the extent that the area to be preserved offsets
37 the adverse impact and otherwise meets the
38 requirements of this section, wetland, other
39 surface water, or upland habitat which is proposed
40 to be preserved in order to prevent secondary or
41 cumulative impacts can be considered as part of the
42 mitigation plan to offset other adverse impacts of
43 the system.
44
45 12.3.3 Mitigation Proposals
46
47 12.3.3.1 Applicants shall provide reasonable assurance that
48 proposed mitigation will:
49
50 (a) offset adverse impacts due to regulated
51 activities; and
-52


August 29, 1994
Suvannee River Water Management District 37






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 (b) achieve mitigation success by providing viable
2 and sustainable ecological and hydrological
3 functions.
4
5 12.3.3.2 Applicants shall submit detailed plans describing
6 proposed construction, establishment, and
7 management of mitigation areas. These plans shall
8 include the following information, as appropriate
9 for the type of mitigation proposed:
10
11 (a) A soils map of the mitigation area and other
12 soils information pertinent to the specific
13 mitigation actions proposed.
14
15 (b) A topographic map of the mitigation area and
16 adjacent hydrologic contributing and receiving
17 areas.
18
19 (c) A hydrologic features map of the mitigation
20 area and adjacent hydrologic contributing and
21 receiving areas.
22
23 (d) A description of current hydrologic conditions
24 affecting the mitigation area.
25
26 (e) A map of vegetation communities in and around
27 the mitigation area.
28
29 (f) Construction drawings detailing proposed
30 topographic alterations and all structural
31 components associated with proposed
32 activities.
33
34 (g) Proposed construction activities, including a
35 detailed schedule for implementation.
36
37 (h) A vegetation planting scheme if planting is
38 proposed, and schedule for implementation.
39
40 (i) Sources of plants and soils used in wetland
41 creation.
42
43 (j) Measures to be implemented during and after
44 construction to avoid adverse impacts related
45 to proposed activities.
46
47 (k) A management plan comprising all aspects of
48 operation and maintenance, including water
49 management practices, vegetation
50 establishment, exotic and nuisance species
51 control, fire management, and control of
52 access.


August 29, 1994
Suwannee River Water Management District 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
2 (1) A proposed monitoring plan to demonstrate
3 mitigation success.
4
5 (m) A description of the activities proposed to
6 control exotic and nuisance species should
7 these become established in the mitigation
8 area. The mitigation proposal must include
9 reasonable measures to assure that these
10 species do not invade the mitigation area in
11 such numbers as to affect the likelihood of
12 success of the project.
13
14 (n) a description of anticipated site conditions
15 in and around the mitigation area after the
16 mitigation plan is successfully implemented.
17
18 (o) a comparison of current fish and wildlife
19 habitat to expected habitat after the
20 mitigation plan is successfully implemented.
21
22 (p) For mitigation plans with projected
23 implementation costs in excess of $25,000.00,
24 an itemized estimate of the cost of
25 implementing mitigation as set forth in
26 subsection 12.3.7.8.
27
-- 8
29 12.3.4 Monitoring Requirements for Mitigation Areas
30
31 Applicants shall monitor the progress of mitigation
32 areas until success can be demonstrated as provided
33 in subsection 12.3.6. Monitoring parameters,
34 methods, schedules, and reporting requirements will
35 be specified in permit conditions.
36
37 12.3.5 Protection of Mitigation Areas
38
39 Applicants shall propose and be responsible for
40 implementing methods that assure that mitigation
41 areas will not be adversely impacted by incidental
42 encroachment or secondary activities which might
43 compromise mitigation success.
44
45 12.3.6 Mitigation Success
46
47 Mitigation success will be measured in terms of
48 whether the objectives of the mitigation can be
49 realized. The success criteria to be included in
50 permit conditions will specify the minimum
51 requirements necessary to attain a determination of
52 success. The mitigation shall be deemed successful


August 29, 1994
Suwannee River Water Management District 39






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 by the District when all applicable water quality
2 standards are met, the mitigation area has achieved
3 viable and sustainable ecological and hydrological
4 functions and the specific success criteria
5 contained in the permit are met. If success is not
6 achieved within the time frame specified within the
7 permit, remedial measures shall be required.
8 Monitoring and maintenance requirements shall
9 remain in effect until success is achieved.
10
11 12.3.7 Financial Responsibility for Mitigation.
12
13 As part of compliance with paragraph 40B-
14 400.103(1) (j), F.A.C., where an applicant proposes
15 mitigation, the applicant shall provide proof of
16 financial responsibility to:
17
18 (a) conduct the mitigation activities;
19
20 (b) conduct any necessary management of the
21 mitigation site;
22
23 (c) conduct monitoring of the mitigation; and
24
25 (d) conduct any necessary corrective action
26 indicated by the monitoring.
27
28 12.3.7.1 Applicants not subject to financial responsibility
29 requirements.
30
31 The following applicants shall not be subject to
32 the financial responsibility requirements in
33 subsections 12.3.7-12.3.7.9:
34
35 a) Applicants whose mitigation is deemed
36 successful pursuant to subsection 12.3.6 of
37 this Handbook prior to undertaking the
38 construction activities authorized under the
39 permit issued pursuant to Part IV, Chapter
40 372, F.S.
41
42 (b) Applicants whose mitigation is estimated
43 to cost less than $25,000.00.
44
45 (c) Federal, state, county and municipal
46 governments, state political subdivisions and
47 investorowned utilities regulated by the
48 Public Service Commission, and rural electric
49 cooperatives.
50
51 (d) mitigation banks which comply with the
52 financial responsibility provisions of section


August 29, 1994
Suwannee River Water Management District 40






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 12.4 of this Handbook.
2
3 12.3.7.2 Amount of financial responsibility
4
5 The amount of financial responsibility provided by
6 the applicant shall be in an amount equal to 110
7 percent of the cost estimate determined pursuant to
8 subsection 12.3.7.8 below, for each phase of the
9 mitigation plan submitted under the requirements of
10 sections 12.3 -12.3.8.
11
12 12.3.7.3 Documentation
13
14 The permit applicant shall provide draft
15 documentation of the required financial
16 responsibility mechanism described below with the
17 permit application, and shall submit to the
18 District the executed or finalized documentation
19 within the time frames specified in the permit.
20
21
22 12.3.7.4 General Terms for Financial Responsibility
23 Mechanisms
24
25 In addition to the specific provisions regarding
,26 financial responsibility mechanisms set forth in
17 subsection 12.3.7.6 below, the following, as they
28 relate to the specific mechanism proposed, shall be
29 complied with:
30
31 (a) The form and content of all financial
32 responsibility mechanisms shall be approved by the
33 District.
34
35 (b) The financial mechanisms shall name the
36 District as sole beneficiary or shall be payable
37 solely to the District. If the financial mechanism
38 is of a type which is retained by the beneficiary
39 according to industry standards, the original
40 financial responsibility mechanism shall be
41 retained by the District.
42
43 (c) The financial responsibility mechanisms shall
44 be established with a state or national bank,
45 savings and loan association, or other financial
46 institution, licensed in this state. In the case
47 of letters of credit, the letter of credit must be
48 issued by an entity which has authority to issue
49 letters of credit and whose letter of credit
50 operations are regulated and examined by a federal
51 or state agency. In the case of a surety bond, the
--52 surety bond must be issued by a surety company


August 29, 1994
Suwannee River Water Management District 41






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.


12.3.7.5


12.3.7.6


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.

(e) The financial responsibility mechanisms shall
provide that they cannot be revoked, terminated or
canceled without first providing an alternative
financial responsibility mechanism which meets the
requirements of subsections 12.3.7 12.3.7.9.
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 such an alternate financial
responsibility mechanism.

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 in the permit
conditions or any extension thereof, such failure
shall be deemed a violation of chapter 40B-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.

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;


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
2 (e) An audited annual financial statement
3 submitted by a Certified Public Accountant
4 representing that the applicant has a tangible net
5 worth equal to or in excess of the cost of the
6 mitigation plan. For purposes of this
7 subparagraph, "tangible net worth" means total
8 assets, not including intangibles such as goodwill
9 and right to patents or royalties, minus total
10 liabilities, computed in accordance with generally
11 accepted accounting principles.
12
13 (f) A demonstration that the applicant meets the
14 financial test and corporate guarantee requirements
15 set forth in 40 C.F.R. Section 264.143(f)
16 incorporated herein by reference. Where the
17 referenced test is used to provide evidence of
18 financial resources necessary to conduct mitigation
19 activities the term "closure and post-closure cost
20 estimates" as set forth therein, shall be construed
21 to mean "mitigation cost estimates."
22
23 (g) guarantee bond;
24
25 (h) insurance certificate;
26
.27 (i) A demonstration that the applicant meets the
8 self-bonding provisions set forth at 30 C.F.R.
29 Section 800.23 incorporated herein by
30 reference. Where the referenced provisions
31 are used to provide evidence of financial
32 responsibility to conduct mitigation
33 activities, the term "surface coal mining and
34 reclamation operations," as set forth therein,
35 shall be construed to mean "mitigation
36 activities."
37
38 12.3.7.7 Cost estimates.
39
40 For the purposes of determining the amount of
41 financial responsibility that is required by this
42 subsection, the applicant shall submit a detailed
43 written estimate, in current dollars, of the total
44 cost of conducting the mitigation, including any
45 maintenance and monitoring activities, and the
46 applicant shall comply with the following:
47
48 (a) The cost estimate for conducting the
49 mitigation and monitoring shall include all
50 associated costs for each phase thereof, including
51 earthmoving, planting, structure installation,
52 maintaining and operating any structures,


August 29, 1994
Suwannee River Water Management District 43






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 controlling nuisance or exotic species, fire
2 management, consultant fees, monitoring activities
3 and reports.
4
5 (b) The applicant shall submit the estimates,
6 together with verifiable documentation, to the
7 District along with the draft of the financial
8 responsibility mechanism.
9
10 (c) The costs shall be estimated based on a third
11 party performing the work and supplying materials
12 at the fair market value of the services and
13 materials. The source of any cost estimates shall
14 be indicated.
15
16 12.3.7.7.1 Partial Releases.
17
18 The permitted may request the District to release
19 portions of the financial responsibility mechanism
20 as phases of the mitigation plan, such as earth
21 moving or other construction or activities for
22 which cost estimates were submitted in accordance
23 with subsection 12.3.7.7, are successfully
24 completed. The request shall be in writing and
25 include documentation that the phase or phases have
26 been completed and have been paid for or will be
27 paid for upon release of the applicable portion of
28 the financial responsibility mechanism. The
29 District shall authorize the release of the portion
30 requested upon verification that the construction
31 or activities have been completed in accordance
32 with the mitigation plans.
33
34 12.3.7.7.2 Final Release
35
36 Within thirty (30) days of the District
37 determining that the mitigation is successful in
38 accordance with subsection 12.3.6, the District
39 shall so notify the permitted and shall authorize
40 the return and release of all funds held or give
41 written authorization to the appropriate third
42 party for the cancellation or termination of the
43 financial responsibility mechanism.
44
45 12.3.7.8 Financial Responsibility Conditions.
46
47 For applicants subject to the financial
48 responsibility of subsections 12.3.7 12.3.7.9,
49 the District will include the following conditions
50 on the permit.
51
52 (a) A permitted must notify the District by


August 29, 1994
Suwannee River Water Management District 44





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 certified mail of the commencement of a
2 voluntary or involuntary proceeding under
3 Title XI (Bankruptcy), U.S. Code naming the
4 permitted as debtor within 10 business days
5 after the commencement of the proceeding.
6
7 (b) A permitted who fulfills the requirements
8 of subsections 12.3.7 12.3.7.9 by obtaining
9 a letter of credit or performance bond will be
10 deemed to be without the required financial
11 assurance in the event of bankruptcy,
12 insolvency or suspension or revocation of the
13 license or charter of the issuing institution.
14 The permitted must reestablish in accordance
15 with subsections 12.3.7 12.3.7.9 a financial
16 responsibility mechanism within 60 days after
17 such event.
18
19 (c) When transferring a permit in accordance
20 with section 40B-4.1130, F.A.C., the new owner
21 or person with legal control shall submit
22 documentation to satisfy the financial
23 responsibility requirements of subsections
24 12.3.7 12.3.7.9. The prior owner or person
25 with legal control of the project shall
26 continue the financial responsibility
27 mechanism until the District has approved the
.-.28 permit transfer and substitute financial
29 responsibility mechanism.
30
31 12.3.7.9 Financial Responsibility Mechanisms For Multiple
32 Projects.
33
34 A applicant may use a mechanism specified in
35 subsection 12.3.7.6 above to meet the financial
36 responsibility requirement for multiple projects.
37 The financial responsibility mechanism must include
38 a list of projects and the amount of funds assured
39 for each project. The mechanism must be no less
40 than the sum of the funds that would be necessary
41 in accordance with subsection 12.3.7.2 above, as if
42 separate mechanisms had been established for each
43 project. As additional permits are issued which
44 require mitigation, the amount of the financial
45 responsibility mechanism may be increased in
46 accordance with subsection 12.3.7.2, above and the
47 project added to the list.
48
49 12.3.8 Real property conveyances.
50
51 (a) All conservation easements shall be granted in
52 perpetuity without encumbrances, unless such


August 29, 1994
Suwannee River Water Management District 45






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 encumbrances do not adversely affect the ecological
2 viability of the mitigation. All liens against the
3 conservation easement site shall release, be
4 subordinated to, or joined with the conservation
5 easement. All conservation easements shall be
6 consistent with Section 704.06, F.S.; and shall
7 contain restrictions that ensure the ecological
8 viability of the site.
9
10 (b) All real property conveyances shall be in fee
11 simple and by statutory warranty deed, special
12 warranty deed, or other deed, without encumbrances
13 that adversely affect the integrity of the
14 preservation. The District shall also accept a
15 quit claim deed if necessary to aid in clearing
16 minor title defects or otherwise resolving boundary
17 questions.
18
19
20 12.4 Mitigation Banks
21
22 RESERVED
23
24
25 12.5 Formal Determination of the Landward Extent of
26 Wetlands and other Surface Waters
27
28 Pursuant to subsection 373.421(2), F.S., the
29 Governing Board has established a procedure by
30 which a real property owner, an entity that has the
31 power of eminent domain, or any person who has a
32 legal or equitable interest in real property may
33 petition the District for a formal determination
34 for that property. A formal determination means the
35 District will determine the locations on the
36 property of the landward boundaries of the wetlands
37 and other surface waters defined by chapter 17-340,
38 F.A.C., as ratified in section 373.4211, F.S.
39
40
41 12.5.1 Procedure
42
43 To petition for a formal determination, the petitioner
44 must submit to the District the following:
45
46 (a) three completed copies of the appropriate
47 District form, including copies of all items
48 required by the form, which can be found in
49 Appendix B of the Applicant's Handbook: Management
50 and Storage of Surface Waters, and
51
52 (b) the appropriate non-refundable formal


August 29, 1994
Suwannee River Water Management District 4 6


I






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 determination fee pursuant to section 40B-1.706,
2 F.A.C.
3
4 Within 30 days of receipt of a petition for a formal
5 determination, the District shall notify the petitioner
6 of any missing or insufficient information in the
7 petition documentation submitted which may be necessary
8 to complete review of the petition.
9
10 The District shall complete the determination and shall
11 issue a notice of intended agency action within 60 days
12 after the petition is deemed complete. The District
13 shall publish the notice of intended agency action on
14 the petition in a newspaper of general circulation in
15 the county or counties where the property is located.
16
17 Sections 120.57 and 120.59, F.S., apply to formal
18 determinations made pursuant to this section. Any person
19 whose substantial interests will be affected by the
20 District's proposed action on the petition may request
21 an administrative hearing on the proposed action
22 pursuant to section 40B-1.511, F.A.C. If no request for
23 an administrative hearing is filed, the Executive
24 Director will then take final action on the petition for
25 the formal determination.
26
?7 The Executive Director will only issue a formal
28 determination if the petitioner has satisfied all the
29 requirements of section 12.5. A person requesting a
30 formal determination may withdraw the petition without
31 prejudice at any point before final agency action.
32
33 12.5.2 Types of Formal Determinations
34
35 A petitioner can request a formal determination
36 consisting of a certified survey, an approximate
37 delineation, or combinations thereof, as described
38 below.
39
40 (a) The survey of the extent of wetlands and other
41 surface waters shall be certified pursuant to
42 chapter 472, F.S., to meet the minimum technical
43 standards in chapter 61G17-6, F.A.C. A petitioner
44 seeking a certified surveyed delineation shall have
45 a land surveyor registered in the State of Florida
46 survey the verified boundaries of wetlands and
47 other surface waters, and shall have the surveyor
48 or surveyor's representative accompany the District
49 representative on the delineation verification
50 described in subsection 12.5.3. The certified
51 survey shall also contain a legal description of,
--52 and acreage contained within, the boundaries of the


August 29, 1994
Suwannee River Water Management District 47






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 property for which the determination is sought.
2 The boundaries of wetlands and other surface waters
3 shall be witnessed to the property boundaries, and
4 shall be capable of being mathematically reproduced
5 from the survey. The petitioner shall submit three
6 copies of the survey, along with three copies of
7 the survey depicted on aerial photographs, to the
8 District to complete the petition.
9
10 (b) An approximate delineation shall consist of a
11 boundary produced by using global positioning
12 system (GPS), a boundary drawn on rectified aerial
13 photographs, a geo-reference image produced from a
14 boundary drawn on a non-rectified aerial
15 photograph, or any combination thereof.
16
17 1. A range of variability shall be
18 determined for all approximate delineations by
19 comparing a number of specific boundary points
20 indicated on the aerial photograph, or located
21 by GPS, to field located boundary points. The
22 District shall determine the number and
23 location of comparison sites using the total
24 linear feet of delineated boundary such that
25 the total number of sites reflects at least
26 one site for every 1000 feet of delineated
27 boundary. No fewer than three boundary point
28 comparisons shall be performed for each
29 approximate delineation. For GPS approximate
30 delineations, the petitioner shall conduct a
31 specific purpose survey, as defined in chapter
32 61G17-6, F.A.C., to show the relationship of
33 field located boundary points to the GPS
34 located boundary points. The range of
35 variability shall be the greatest deviation
36 measured at the comparison boundary points.
37 An approximate delineation method cannot be
38 used if the range of variability is equal to
39 or greater than plus or minus 25 feet.
40
41 2. An aerial photograph shall serve as the
42 basis for an approximate delineation only when
43 the aerial photograph accurately depicts the
44 boundaries of the wetlands and other surface
45 waters by a clear expression of vegetative or
46 physical signatures as verified by
47 groundtruthing. If a submitted aerial
48 photograph does not provide an accurate
49 depiction, then the landward extent of
50 wetlands and other surface waters shall be
51 delineated by flagging the boundary, and the
52 formal determination shall be produced using


August 29, 1994
Suwannee River Water Management District 48


L





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 GPS or a certified survey.
2
3 3. Following any verification and adjustment
4 as required in subsection 12.5.3, the
5 petitioner shall submit three copies of the
6 following to complete the petition: a hand
7 drawn delineation on a rectified aerial
8 photograph; the geo-referenced image of the
9 delineation and aerial photograph with the
10 delineation; or the GPS depiction of the
11 delineation on an aerial photograph.
12
13 4. When a subsequent permit application
14 includes regulated activities within 200 feet
15 of the landward extent of the range of
16 variability of an approximate delineation at a
17 given location, the applicant shall establish
18 in the field the exact boundary of the
19 wetlands and other surface waters at that
20 location.
21
22
23 12.5.3 Locating the Surface Waters and Wetlands Boundary
24 Line
25
26 If the property is 10 acres or greater in size, the
27 petitioner or his agent shall initially delineate
'c8 the boundaries of wetlands and other surface waters
.9 by either flagging the boundary for a certified
30 survey or GPS, or estimating the extent of wetlands
31 and other surface waters on aerial photographs,
32 prior to the District's inspection of the site. A
33 District representative will then verify the
34 location of the boundary line and indicate to the
35 petitioner any necessary adjustments in the initial
36 delineation needed to reflect an accurate boundary.
37 For properties less than 10 acres in size, the
38 petitioner is not required to approximate the
39 delineation.
40
41 12.5.4 Duration
42
43 The formal determination shall be binding for five
44 years provided physical conditions on the property
45 do not change so as to alter the wetlands and other
46 surface waters during that period. Changes in
47 surface water or wetland boundaries resulting from
48 work authorized by a permit pursuant to Part IV,
49 Chapter 373, F.S., will not be considered as
50 altering the boundary for the purposes of this
51 subsection. The Governing Board may revoke a
52 formal determination upon a finding that the


August 29, 1994
Suwannee River Water Management District 49





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 petitioner has submitted inaccurate information to
2 the District.
3
4 12.5.5 Formal Determinations for Properties with an
5 Existing Formal Determination
6
7 Within sixty days prior to the expiration of a
8 formal determination, the property owner, an entity
9 that has the power of eminent domain, or any other
10 person who has a legal or equitable interest in the
11 property may petition for a new formal
12 determination for the same parcel of property and
13 such determination shall be issued, approving the
14 same extent of surface waters and wetlands in the
15 previous formal determination, as long as physical
16 conditions on the property have not changed, other
17 than changes which have been authorized by a permit
18 pursuant to this part, so as to alter the
19 boundaries of surface waters or wetlands and the
20 methodology for determining the extent of surface
21 waters and wetlands authorized by s. 373.421(1) has
22 not been amended since the previous formal
23 determination. The application fee for such a
24 subsequent petition shall be less than the
25 application fee for the original determination.
26
27
28 12.5.6 Nonbinding Determinations
29
30 The District may issue informal nonbinding
31 pre-application determinations or otherwise
32 initiate nonbinding determinations on its own
33 initiative as provided by law.
34





















August 29, 1994
Suwannee River Water Management District n




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