Title: St. Johns River Water Management District - Proposed Rules
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 Material Information
Title: St. Johns River Water Management District - Proposed Rules
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - t. Johns River Water Management District - Proposed Rules (JDV Box 95)
General Note: Box 20, Folder 2 ( Water Management Districts - ERP'S - 1994 ), Item 7
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004336
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








Florida Administrative Week! Volume 20, Number 18, May 6, 1994


Orlando, Florida 32801

St. Johns River Water Management District,
305 East Drive
Melbourne, Florida 32904
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118.
373.413. 373.416, 373.426 FS. History-New

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

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
RULE TITLES: RULE NOS.:
Definitions 40E-1.102
Complaints, District Investigations
and Probable Cause Determinations 40E-1.510
Point of Entry Into Proceedings 40E-1.511
Permits Required 40E-1.602
Permit Applications Processed by District
Service Centers 40E-1.6025
Application Procedures for Conceptual
Approval, Individual and Standard
General Environmental Resource
Permits and Individual Water Use Permits 40E-1.603
Application Procedures for Noticed General
Environmental Resource Permits Pursuant
to Chapter 40E-400. F.A.C. 40E-1.6051
Requests for Notification Concerning
Environmental Resource Permits 40E-1.6058
Public Notice Requirements for Environmental
Resource Permit Applications and Proposed
Agency Action 40E-1.6059
Application Procedures for General Water
Use Permits 40E-1.606
Public Notice Requirements for Water Use
Permit Applications and Proposed
Agency Action 40E-1.6062
Permit Application Processing Fees 40E-1.607
Denial of Permits 40E-1.608
Suspension, Revocation and Modification
of Permits 40E-1.609


Transfer of Environmental Resource or Water
Use Permit 40E-1.6107
Administrative Enforcement Action 40E-1.612
Orders of Corrective Action and Consent
Agreements 40E-1.614
Coordinated Agency Review Procedures for the
Florida Keys Area of Critical State Concern 40E-1.615
Forms and Instructions 40E-1.659
COMPLIANCE AND ENFORCEMENT PART VII
Interagency Agreements 40E-1.701
Environmental Resource Permit Enforcement
Policy 40E-1.702
Administrative Enforcement Action 40E-1.705
Orders of Corrective Action and Consent
Agreements 40E-1.711
Civil Penalty Calculation 40E-1.715
Complaints, District Investigations. Probable
Cause Determinations and Notices of
Violations 40E-1.721
PURPOSE AND EFFECT: These revised rules implement the
comprehensive environmental regulatory scheme
contemplated by the legislature in Par IV of Chapter 373
pursuant to the Florida Environmental Reorganization Act of
1993. The revisions are intended to clarify the requirements for
public noticing and to establish the District's application
procedures for Environmental Resource Permits (ERPs). The
revisions also codify District procedure and policy concerning
enforcement and civil penalty calculation.
SUMMARY: Chapter 40E-1 is amended to establish the
procedures for obtaining an Environmental Resource Permit
from the South Florida Water Management District. The
amended rules designate District Service Centers to process
permit applications from each county within the District, and
clarify timeframes for completion of an application and for
proposed and final action on the application by the District.
The revised rules clarify the process for interested persons to
obtain information concerning permit applications which
would affect a designated geographical area, and clarify the
requirements for permit applicants to publish notice of
application. Permit application processing fees have been
reorganized to implement the streamlined permitting process
established by Part IV of Chapter 373. although no changes
have been made to existing fee amounts. Additionally, District
enforcement policy and procedures for calculation of civil
penalties are codified to provide consistency and clarity.
SPECIFIC AUTHORITY: 120.53. 120.54(10), 373.044,
373.109, 373.113, 373.118, 373.119. 373.129, 373.136,
373.171. 373.333(1), 373.4135. 380.051 F.S.
LAW IMPLEMENTED: 120.53(1). 120.54(17), 120.57,
120.60. 120.61, 120.62, 120.68. 120.69. 373.083. 373.085,
373.106, 373.107. 373.109. 373.113, 373.116, 373.118,


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373.119, 373.129, 373.136, 373.146, 373.171, Chapter 373
Parts II and IV, 373.209, 373.219, 373.229, 373.239, 373.243,
373.309, 373.333(2), 373.413(3), 373.413(6), 373.416,
373.417, 373.421, 373.422, 373.426, 373.429, 373.430,
373.433, 373.436, 380.051, 373.603 F.S.
A HEARING WILL BE HELD AT THE TIME, DATE AND
PLACE SHOWN BELOW:
TIME AND DATE: 9:00 A.M., June 9, 1994
PLACE: South Florida Water Management District
Headquarters, Auditorium, 3301 Gun Club Road, West Palm
Beach, Florida
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE AND ECONOMIC STATEMENT IS: Jim
Drosakis, Rules Analyst, South Florida Water Management
District, Post Office Box 24680, West Palm Beach, FL
33416-4680.
THE FULL TEXT OF THE PROPOSED RULES ARE:
40E-1.102 Definitions.
When used in Title Chapter 40E .A.C.:
(1) "Act" means the Florida Water Resources Act of 1972,
Chapter 373, Florida Statutes, as amended and amendments to
it.
(2(3) "District" means the South Florida Water
Management District or its successor agency.
(M3(4) "Executive Director" means the Executive Director
of the District.
(4) "FA.C." means the Florida Administrative Code.
(5) "F.S." means the Florida Statutes.
(6)() "Governing Board" or "Board" means the
Governing Board of the District.
(Z}(5) "Presiding officer" means the Board, or member
thereof, who conducts a hearing on behalf of the District, a
Hearing Officer assigned by the Division of Administrative
Hearings, or any other person authorized to conduct
administrative hearings.
(.1(6)-The terms defined in Chapters 120 and 373, FS.,
Florida Statutes, shall have the same meanings in Title Chapter
40E F.A.C.
Specific Authority 120.54(10), 373.044, 373.113 FS. Law Implemented
120.53(1)(a), 373.019 Ch. 373 (Parts I. II. IV) FS. History--New 9-3-81,
Formerly 16K-1.05, 16K-1.11(1). Amended

40E-1.510 Complaints, District Investigations and
Probable Cause Determinations.
Specific Authority 120.53(1), 120.54(10), 373.044, 373.113 FS. Law
Implemented 120.53(1), 120.57(4), 120.61, 373.219(2), 373.229(2), 373.429
FS. History-New 9-3-81, Formerly 16K-1.09, 16K-2.03(3), Amended
5-11-93. Transferred to 40EF 1.721.


40E-1.511 Point of Entry Into Proceedings.
(1)(a) "Receipt of notice of agency action" means receipt
of either written notice of final agency action, or publication of
notice of final agency action, whichever first occurs.
(b) "Receipt of notice of proposed agency action" means
receipt of either written notice that the District proposes to take
a certain action, or publication of such notice of proposed
action, whichever first occurs.
(c) If notice is published pursuant to this chapter,
publication shall constitute constructive notice to all persons. If
no notice is published, the point of entry to request a formal or
informal administrative proceeding shall remain open unless
actual notice is received.
(2) Any person may request a hearing on eeneerdng an
agency action or a proposed agency action by filing a petition
with the District within 14 days.of receipt of notice of agency
action or within 14 days of receipt of notice of proposed
agency action if such action determines his or her substantial
interest. Whenever possible, the District shall issue a written
notice of proposed agency action 14 days prior to Board action.
The notice shall state the time limit for requesting a hearing
and shall reference this rule. The petition shall set forth the
information required in Rule 40E-1.521.
(3) Any person in receipt of notice of proposed agency
action or receipt of notice of agency action who fails to file a
petition for administrative hearing with the District Clerk
within 14 days, shall have waived the hi right subsequently to
request a hearing on such matters.
(4) If the Board takes action which substantially differs
from the notice of proposed agency action, the applicant or
persons who may be substantially affected shall have an
additional 14 days from the date of receipt of notice of said
action to request an administrative hearing, in accordance with
this section, but this request for administrative hearing shall
only address the substantial deviation.
(5) In cases where a project is determined to be of
heightened public concern or where there is the likelihood of a
request for an administrative hearing, the District shall publish
or require a permit applicant to publish notice of agency action
or proposed agency action in the Florida Administrative
Weekly or newspapers of general circulation in the area
affected by such decisions as required by Chapter 50, Florida
Statutes, and shall post notice and mail copies of its notice to
applicants and interested groups. Such publication may be used
as evidence of constructive and sufficient notice. Constructive
notice is notice that is implied or imputed as received by the
general public and can be used in establishing petitioner's date
of receiving notice of the proposed agency action or agency
action.


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(6) When there has been no publication of notice pursuant
to paragraph (5) and no receipt of written notice, a person will
have the duty to make further inquiry within 14 days of
acquiring actual knowledge of the agency action or within 14
days from acquiring knowledge which would lead a reasonable
person to conclude that agency action has been taken. The
District shall upon receipt of such an inquiry promptly provide
the person with the appropriate written notice, or if agency
action has not occurred, promptly apprise the inquiring person
of the status of when agency action will occur.
(7) Substantially affected persons shall have the right to
request an administrative hearing pursuant to Section 120.57,
F.S. by filing a petition with the District Clerk within the
timeframes specified in this chapter or the permit itself.
(8) Applicants entitled to a hearing pursuant to Section
120.57(1), F.S., may waive their right to such a hearing and
request an -informal hearing before the Governing Board
pursuant to Section 120.57(2). F.S., which may be granted at
the option of the Governing Board.
Specific Authority 120.53. 373.044, 373.113 FS. Law Implemented 120.53(1),
120.54(17), 120.57, 373.113 FS. History-New 9-3-81. Amended 7-26-87,
5-11-93. .

40E-1.602 Permits Required.
Unless expressly exempt by statute or District rule. The
following permits must be obtained from the District prior to
commencement of the following activities permitted aetivty:
(1) A water use individual or general permit pursuant to
Chapters 40E-2 or 40E-20 F.A.C. must be obtained prior to
use or withdrawal of water or dewatering activities;
(2) A water well construction permit pursuant to Chapter
40E-3, FA.C. must be obtained prior to the construction,
repair or abandonment of any well within the District;
(3) A water well contractor's license, pursuant to Chapter
40E-3, F.A.C. must be obtained by contractors engaged in the
business of construction, repair, or abandonment of water
wells.
(4) An sarface water management individual or general
environmental resource permit pursuant to Chapters 40E-4,
and 40E-40, or 40E-400, F.A.C. must be obtained prior to
construction, alteration, operation, maintenance, repair or
abandonment of any surface water stermwater management
system, dam, impoundment, reservoir, appurtenant work or
works including dredging or filling as prescribed by District
rule. An individual environmental resource permit is also
required for the establishment and operation of a mitigation
bank.
S(5) A conceptual environmental resource permit may be
obtained for proposed surface water management systems or
mitigation banks. However, a conceptual permit does not


authorize construction or operation. A conceptual mitigation
bank permit can be utilized to estimate the legal and financial
requirements for the mitigation bank, information required for
evaluation of the mitigation bank permit application, and
potential mitigation credits that would be awarded to the
specific project proposal.
(6) Projects which are not required to obtain an
environmental resource permit pursuant to the grandfathering
provisions of Section 373.414, F.S., must obtain a surface
water management or wetland resource permit. For those
projects grandfathered pursuant to Section 373.414. F.S.:
(a) Wetland resource (Dredge and Fill) permit applications
shall be reviewed pursuant to Chapters 17-4 and 17-312.
F.A.C.(1993), which were in effect immediately prior to the
effective date of the rules adopted pursuant to subsection
373.414(9), F.S.
(b) Surface water management permit applications shall be
reviewed pursuant to the environmental criteria set forth in the
Basis of Review for Environmental Resource Permits Within
the South Florida Water Management District June. 1994 in
effect immediately prior to the effective date of the rules
adopted pursuant to Section 373.414(9), F.S. All other permit
review criteria in effect at the time such an application is made
shall apply.
((5)--An artificial recharge permit pursuant to Chapter
40E-5, F.A.C., must be obtained prior to construction of any
project involving artificial recharge or the intentional
introduction of water into any underground formation;
(86)-A Works or Lands of the District permit pursuant to
Chapter 40E-6, F.A.C., must be obtained prior to connecting
with, placing structures in or across, discharging into or
making use of works of the District and any additional lands or
real property interests owned by the District.
((-79)-A Use of Works of the District within the Lake
Okeechobee Basin General or Individual Permit must be
obtained pursuant to Chapter 40E-61. F.A.C., by any owner of
a parcel of land within the Lake Okeechobee Basin.
(LO)(8-An Occupancy or Use of the C-18 Right of Way
general or individual permit pursuant to Chapter 40E-62,
F.A.C., must be obtained prior to constructing, planting.
maintaining, pruning, mooring boats, and placing other items
on. across, under, or upon District lands and works along the
C-18 canal right of way.
(CL(9)-A Use of Works of the District within the
Everglades general, individual or master permit pursuant to
Chapter 40E-63, F.A.C.. must be obtained by any owner of a
parcel of land in the Everglades Agricultural Area.


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Specific Authority 373.044, 373.113. 373.4135 FS. Law Implemented
120.53(1), 120.57. 120.60. 373.085, 373.106, Chapter 373 Parts 11 and IV FS.
History-New 9-3-81, Formerly 16K-1.06. Amended 7-31-87,
5-11-93. .

40E-1.6025 Permit Applications Processed by District
Service Centers.
Environmental Resource Permit applications shall be made to
the appropriate District Service Center serving the area in
which the activity is proposed, as designated below:
(1) the West Palm Beach Service Center, Post Office Box
24680, 3301 Gun Club Road, West Palm Beach, FL
33416-4680 serves all of Broward, Dade, Highlands, Martin,
Monroe, Okeechobee, Palm Beach and St. Lucie counties:
(2) the Fort Myers Service Center, Key West Professional
Center, 1342 Colonial Boulevard, Suite 81, Fort Myers, FL
33907 serves all of Charlotte, Collier, Glades, Hendry and Lee
counties: and
(3) the Orlando Service Center, Lake Eleanor Center, 1756
Orlando Central Parkway, Orlando, FL 32809 serves all of
Orange, Osceola and Polk counties.
Specific Authority 373.044, 373.113 FS. Law Implemented 120.53(1) FS.
History-New

(Substantial Rewording of Rule 40E-1.603. See Florida
Administrative Code for present text).
40F 1.603 Preeedures for Application Procedures for
Conceptual Approval, Individual and Standard General
Environmental Resource Permits Sutf...a Watr M. management
and Individual Water Use Permits.
(1) Application procedures for conceptual approval,
individual and standard general environmental resource
permits and individual water use permits, pursuant to Chapters
40E-4, 40E-40 and 40E-2, F.A.C. respectively, shall be in
accordance with Chapter 120 F.S., this rule, and the provisions
of Part V of these rules.
(2) An application for an individual permit shall be:
(a) filed with the appropriate District Service Center
utilizing the appropriate permit application form referenced in
Rule 40E-1.659, F.A.C.:
fb) accompanied by the appropriate application fee in
accordance with the schedule of fees as established by the
Governing Board in Rule 40E-1.607. F.A.C. Failure of any
person to pay the required fee(s) shall be grounds for denial or
revocation of the permit, and:
(c) accompanied by all information required in accordance
with Rules 40E-2.101 or 40E-4.101, F.A.C., as appropriate,
including public noticing information pursuant to Rules
40E-1.6059 or 40E-1.6062, F.A.C.. as approp-at.


(3) A permit application will not be deemed complete
pursuant to subsection (4)(a) and Section 120.60, F.S., until the
number of copies of information required in subsections (2)(a)
and (2)(c) and sufficient responses to all requests for additional
information are submitted by the permit applicant.
(4)(a) Within 30 days of receipt of an application, the
District shall review the application to determine whether all
information needed to evaluate the application has been
submitted. The application for an individual permit is complete
when it meets the District's requirements pursuant to Rule
40E-4.101 (Content of Permit Applications) or Rule
40E-2.101, F.A.C., (Content of Application), as applicable.
The District shall notify the applicant of the date on which the
application is declared complete.
(b) If the District determines that the application is
incomplete, the District shall request the information needed to
complete the application within 30 days of its receipt. The
applicant shall have 90 days from receipt of a timely request
for additional information to submit that information to the
District.
(c) The District may request information needed to clarify
any additional information submitted by the applicant, or to
answer new questions raised by or related to the additional
information within 30 days of its receipt. Such a request by the
District shall include a request for any information that was
previously requested and not received. The applicant shall have
30 days from receipt of such a request in which to provide the
necessary information. If the application is still incomplete
after such information is submitted, the District shall notify the
applicant within 30 days. The applicant shall have an
additional 30 days to complete the application.
(d) Failure of an applicant to provide the timely requested
information within these timeframes shall be considered
grounds for denial of the application. Denial of an application
for lack of completeness is without prejudice to the applicant's
right to file a new application on the same subject matter. The
District may grant an extension upon a showing of good cause
by the applicant. Unless an extension of time has been granted
by the District, any application which remains incomplete 180
days after original submittal date shall be denied without
prejudice.
(e) If the applicant submits information, either in response
to or independent of a request by the District, which
incorporates or results in a substantial modification in the
proposed activity for which the applicant seeks a permit, the
application will be considered an amended application. For
purposes of this subsection, the term "substantial modification"
shall mean a modification reasonably expected to result in
water resource or environmental impacts which differ from


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those expected from the original application and require
detailed review. The amended application shall be reviewed for
completeness pursuant to subsection (4)(a).
(f) For projects which have filed an application for a
conceptual approval environmental resource permit
concurrently with an Application for Development Approval
(ADA) for a Development of Regional Impact (DRI). review
of the application will be tolled until the affected Regional
Planning Council has determined that the ADA is sufficient.
(5) In addition to the conditions set forth above,
environmental resource permit applications shall be forwarded
to the agencies specified below under the following
circumstances:
(a) if the application involves activities located in, on or
over wetlands or other surface waters, as delineated pursuant to
the methodology as ratified in Section 373.4211, F.S., then,
within three business days of receipt of the application, the
District shall forward a copy to the appropriate office of the
U.S. Army Corps of Engineers unless specifically authorized
by the Corps to do otherwise.
(b) if the application involves activities located in, on. or
over wetlands or other surface waters, as delineated pursuant to
the methodology as ratified in Section 373.4211, F.S., and the
application is complete enough to allow interested persons to
comment on the application, the District shall forward a copy
of the application to and request comments from:
1. the Florida Game and Fresh Water Fish Commission:
2. the Florida Department of State. Division of Historical
Resources:
3. any person who has requested a copy of the specific
application that is under review: and
4. the Department of Environmental Protection, if the
proposed activities have a potential to impact marine listed
species.
(c) if at any time during the process of the application it
appears that the application involves activities which may take
place on state-owned lands, the District shall send a copy of the
application to the Division of State Lands, Department of
Environmental Protection.
(6) After the application is declared complete, the District
shall prepare a staff report, which shall contain its
recommendations regarding the subject application and which
shall constitute proposed agency action. A notice of proposed
agency action together with the staff report shall be furnished
to the applicant and any persons requesting the same pursuant
to Rules 40E-1.6058 or 40E-1.6062, F.A.C. as applicable. The
notice shall state the District Staffs recommendation that the
Governing Board approve, deny, or approve with conditions
the permit application and the reasons therefore.


(7) Persons substantially affected by the proposed agency
action shall have the right to request an administrative hearing
under Section 120.57, F.S.. by filing a petition for
administrative hearing with the District Clerk within the
timeframe set forth in Rule 40E-1.511, F.A.C. A petition for
administrative hearing shall be deemed filed with the District
on the date of receipt by the District Clerk and must be in
substantial compliance with the provisions of Rule 40E-1.521.
F.A.C., a copy of which shall be provided with the notice.
Failure to substantially comply with the provisions of Rule
40E-1.521, F.A.C., or to timely request an administrative
hearing shall constitute a waiver of the right to a Section
120.57, F.S., administrative hearing.
(8) The Governing Board shall consider the permit
application at its next available regularly scheduled regulatory
meeting following the mailing of notice of proposed agency
action, unless an administrative hearing is requested and
granted pursuant to Section 120.57, F.S. In no case shall
agency action be taken later than 90 days after the application
is declared complete, unless waived by the applicant or stayed
by the filing of a petition for an administrative hearing. When a
valid petition for administrative hearing has been filed, the
Governing Board action shall defer consideration of the matter
pending the completion of the administrative hearing and the
submittal of a recommended order, and any exceptions to that
order. The Governing Board may approve, reject or modify the
proposed agency action, which shall constitute final agency
action, except for those instances when a valid petition for
administrative hearing has been timely filed.
(9) Appearance before the Goveming Board pursuant to
this subsection shall not provide a basis for appealing the
decision of the Governing Board pursuant to Chapter 120. F.S.
The permit applicant and other interested parties may appear
before the Governing Board to present informal argument in
favor of or against the proposed agency action, unless a valid
Section 120.57, F.S., petition has been filed and accepted by
the District.
(10) Because the Governing Board may take a final
agency action which materially differs from the noticed
proposed agency action, applicants and other interested
persons should be prepared to defend their position regarding
the permit application when it is considered by the Governing
Board. If the Governing Board takes final agency action which
materially differs from the proposed agency action, the District
shall mail a notice of the final agency action to all persons who
were notified of the proposed agency action. Substantially
affected persons who failed to request a Section 120.57, F.S..
administrative hearing based upon the notice of proposed


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agency action shall have a right to request such a hearing. The
final agency action can be challenged only to the extent that it
differs from the proposed agency action.
Specific Authority 120.53(). 373.044, 373.113 FS. Law Implemented
+2053i)- 120.60(-) 373.107. 373.109, 373.116, 373.229. 373.417. 373.421.
373.422 FS. History-New 9-3-81, Formerly 16K-1.08(1) through (8),
Amended 7-1-86, 7-31-87, 11-21-89, 5-11-93..

40E-1.6051 Application Procedures for Noticed General
Environmental Resource Permits pursuant to Chapter 40E-400,
F.A.C.
The permit processing procedures for noticed general
environmental resource permits are set forth in Rule
40E-400.211, F.A.C., and are incorporated by reference in this
rule.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented
120.53(1), 120.60. 373.118 FS. History-New

40E-1.6058 Requests for Notification Concerning
Environmental Resource Permits.
(1) Persons who wish to be notified of any Environmental
Resource Permit application which affects a designated
geographic area shall notify the District in writing, and shall
specify their area of interest by county.
(2) The District shall provide notice of receipt of a
complete or substantially complete application to all persons
who ha' filed a written request for notification of any
application affecting the designated geographic area in which
the proposed activity is to occur pursuant to subsection (1).
(3) Interested persons shall have the opportunity to inspect
a copy of the permit application at the appropriate District
Service Center and submit written comments, which shall be
considered by the District if received before the District issues
proposed agency action concerning the application. Where
appropriate, the District shall request that persons submitting
comments furnish additional information reasonably necessary
to ascertain the nature of the comments.
(4) Persons who wish to be advised of the proposed
agency action regarding a particular permit application shall
file a written request for further notice within 10 days of
receipt of the notice of application.
Specific Authority 373.044. 373.113 FS. Law Implemented 120.53(1).
120.60(3) FS. History-New

40E-1.6059 Public Notice Requirements for
Environmental Resource Permit Applications and Proposed
Agency Action.
(1) Within 45 days of submitting an individual or standard
general environmental resource permit application to the
District, the applicant shall publish notice thereof in a
newspaper having general circulation as defined in Chapter 50,
F.S. in the county in which the activity will occur. Proof of


publication and a copy of the notice shall be submitted to the
District within 10 days of publication. Such notice shall
contain:
(a) the name and address of the applicant;
(b) a brief description of the proposed activity, including
any mitigation:
(c) the location of the proposed activity, including whether
it is located within an Outstanding Florida Water or an aquatic
preserve:
(d) a map identifying the location of the proposed activity
subject to the application:
(e) a depiction of the proposed activity subject to the
application;
(f) a name or number identifying the application and the
District Service Center where the application can be inspected:
(g) the following statement: *
"Any person, to remain advised of further proceedings, must
request a copy of the proposed agency action within 14 days.
Substantially affected persons are entitled to request an
administrative hearing regarding the proposed agency action
by submitting a written petition, pursuant to Rule 40E-1.521,
F.A.C., within 14 days of receipt of proposed agency action
pursuant to 40E-1.511. F.A.C."
(2) Notice published pursuant to subsection (1) shall be in
substantially the following form:
Notice of Application
The South Florida Water Management District announces
receipt of an application for permit from (name of applicant) to
(brief description of project). This proposed project will be
located at (location) in (county) (city).
This application is being processed and is available for
public inspection between 8:00 am and 5:00 pm. Monday
through Friday, except legal holidays, at (name and address of
District Service Center).
(3) The District shall provide a copy of the Notice of
Application to any person who has filed a written request
pursuant to 40E-1.6058 for notification of any application
affecting the designated geographic area in which the proposed
activity is to occur.
(4) Publication of the Notice of Application pursuant to
this rule shall be used as evidence of constructive notice of the
permit application to all substantially affected persons.
Constructive notice is notice that imputes knowledge of the
application to the general public.
(5) The District reserves the right to publish or require an
applicant to publish notice of the proposed agency action
concerning the application when the proposed activity is
potentially harmful to the water resources of the District, is


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inconsistent with the overall objectives of the District, is
contrary to the overall objectives of Chapter 373, F.S. or if
substantial objections) to the application has been received.
When such notice is required it shall be published in a
newspaper having general circulation as defined in Chapter 50,
F.S. in the county in which the activity will occur.and contain
at least the following information in substantially the following
form:
South Florida Water Management District
Notice of Proposed Agency Action
(a) The type of proposed agency action:
(b) A description and location of the subject matter or
activity covered by the action, the District's identification
number, and the name and address of any person to whom the
action is directed:
(c) The location where complete copies of the document
and accompanying material expressing the proposed agency
action are available for public inspection: and
(d) Paragraphs which read substantially as follows:
1. Persons whose substantial interests are affected by the
above proposed agency action have a right, pursuant to Section
120.57, F.S., to petition for an administrative determination
S (hearing) on the proposed action. The petition must contain
the information set forth below and must be filed (received) in
the District's Office of Counsel, 3301 Gun Club Road, West
Palm Beach, Florida 33406, within 14 days of publication of
this notice. A copy of the Petition must also be mailed at the
time of filing to the persons named] above at the address
indicated. Failure to file a petition within the 14 days
constitutes a waiver of any right such person has to an
administrative determination (hearing) pursuant to Section
120.57, F.S.
2. The petition shall contain the following information: (a)
The name, address, and telephone number of each petitioner,
the District's identification number and the county in which the
subject matter or activity is located: (b) A statement of how
and when each petitioner received notice of the District's action
or proposed action: (c) A statement of how each petitioner's
substantial interests are affected by the District's action or
proposed action; (d) A statement of the material facts disputed
by petitioner, if any: (e) A statement of facts which petitioner
contends warrant reversal or modification of the District's
action or proposed action: (f) A statement of which rules or
statutes petitioner contends require reversal or modification of
the District's action or proposed action: (g) A statement of the
relief sought by petitioner, stating precisely the action
petitioner wants the District to take with respect to the
District's action or proposed action.


3. If a petition is filed, the administrative hearing process
is designed to 'formulate agency action. Accordingly, the
District's final action may be different from the position taken
by it in this Notice. Persons whose substantial interests will be
affected by any decision of the District with regard to the
subject agency [proposed] action have the right to petition to
become a party to the hearing. The petition must conform to
the requirements specified above and be filed (received) within
14 days of publication of this notice with the District Clerk at
the above address of the District. Failure to petition within the
allowed time frame constitutes a waiver of any right such
person has to request a hearing under Section 120.57, F.S., and
to participate as a party to this proceeding.
(6) Failure to publish any notice of application. Notice of
Intent to Issue Permit or notice of agency action required by
the District shall be an independent basis for the denial of a
permit.
Specific Authority 373.044. 373.113 FS. 'Law Implemented120.53(1).
120.60(3). 373.146. 373.413(3). 373.413(6) FS. History-New

(Substantial Rewording of Rule 40E-1.606. See Florida
Administrative Code for present text).
40E-1.606 Proeedures for Application Procedures for
General Surfacz 'Water Managzmenet and Water Use Permits.
(1) Application procedures for general water use permits,
pursuant to Chapter 40E-20, F.A.C. shall be in accordance with
Chapter 120 and section 373.118, F.S., this rule and the
provisions of part V of these rules.
(2) Notice of Intent to Use a General Water Use Permit
shall be:
(a) filed with the District on the appropriate application
form referenced in Rule 40E-1.659, F.A.C.:
(b) accompanied by the appropriate fee in accordance with
the schedule of fees, as established by the Governing Board in
Rule 40E-1.607, F.A.C. Failure of any person to pay the
required fee(s) shall be grounds for denial or revocation of the
permit: and
(c) accompanied by all other information required in
accordance with Rule 40E-20.112. F.A.C., as appropriate.
(3) A permit application will not be deemed complete
pursuant to Section 120.60, F.S., until the number of copies of
information required in subsections (2)(a) and (2)(c) and
sufficient responses to all requests for additional information
are submitted by the permit applicant. If the requisite copies
are not submitted at the time of receipt of the permit
application, the first request for additional information shall
request the unsubmitted copies.


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(4) Procedures Applicable to General Water Use Permits.
Persons proposing to conduct activities which require a general
permit set forth in Chapter 40E-20, F.A.C.. except for
dewatering permits issue pursuant to subsection
40E-20.302(4). F.A.C.. shall file a Notice of Intent with the
District. Such notice shall be in writing describing the
proposed project and shall include supporting documents
depicting the proposed project, the location, and other pertinent
information as required to demonstrate qualification for the
requested general permit.
(a) For general permits issued pursuant to subsection
40E-20.302(2), F.A.C.. the Notice of Intent shall be filed with
the District five days prior to commencing work.
(b) For general permits issued pursuant to subsection
40E-20.302(3). F.A.C.. the Notice of Intent shall be filed with
the District 45 days prior to commencing work, except that the
applicant may commence work pursuant to subsection
40E-20.302(4). F.A.C.. if the applicable conditions for issuance
are satisfied.
(c) For all other water use general permits, the Notice of
Intent shall be filed with the District sixty days prior to
commencing work.
(5) Information Requests
(a No tices Relating to Water Use in Conjunction with Oil
Drillinr
1. Within three days after receipt of a Notice of Intent.
pursuant to subsection 40E-20.302(2). F.A.C., the District shall
notify the applicant if the Notice of Intent is incomplete and
inform the applicant of the additional information required to
make the Notice of Intent complete. The District may request
the applicant to submit additional information, including any
information required in Rule 40E-2.101, F.A.C. If additional
information is not supplied within 90 days after notice by the
District, the Notice of Intent will be denied for lack of
completeness. Within 30 days after receipt of additional
information, the District may request that information needed
to clarify such additional information or to answer new
questions raised by or related to such additional information.
The subsequent request for additional information shall include
a request for information not previously provided in response
to any previous requests for additional information. If the
Notice of Intent is still incomplete after additional information
is provided, the District shall so notify the applicant, who shall
have an additional 30 days to render the Notice complete or be
denied for lack of completeness. An extension of time may be
granted by the District upon a showing by the applicant that a
good faith effort is being made to provide the additional
information and that additional time is required. Denial of a


Notice of Intent for lack of completeness is without prejudice
to the applicant's right to file a new Notice of Intent on the
same subject matter.
.2. If information submitted to the District by the applicant,
either in response to requests for additional information or
independent of a District request, incorporates or results in a
substantial modification in the proposed activity for which the
applicant seeks a permit, the application will be considered an
amended application. For purposes of this subsection, the term
"substantial modification" shall mean a modification which is
reasonably expected to lead to substantially different water
resource or environmental impacts which require a detailed
review. The amended application shall be reviewed for
completeness under subparagraph (a)l. Within the timeframe
set forth in subsection (6). the District shall approve or deny
the amended application.
(b) All Other Water Use Notices of Intent
1. Within 30 days after receipt of a Notice of Intent, for all
other water use general permits, the District shall notify the
applicant if the Notice of Intent is incomplete and inform the
applicant of the additional information required to make the
Notice of Intent complete. In addition to the information
required in Chapter 40E-20, F.A.C.. the District may request
the applicant to submit additional information, including any
information required in Rule 40E-2.101, F.A.C. Within 30 days
after receipt of additional information, the District may request
that information needed to clarify such additional information
or to answer new questions raised by or related to such
additional information. The subsequent request for additional
information shall include a request for information not
previously provided in response to any previous requests for
additional information. If additional information is not
supplied within 90 days after notice by the District, the Notice
of Intent will be denied for lack of completeness. If the Notice
of Intent is still incomplete after additional information is
provided, the District shall so notify the applicant, who shall
have an additional 30 days to render the Notice complete or be
denied for lack of completeness. An extension of time may be
granted by the District upon a showing by the applicant that a
good faith effort is being made to provide the additional
information and that additional time is required. Denial of a
Notice of Intent for lack of completeness is without prejudice
to the applicant's right to file a new Notice of Intent on the
same subject matter.
2. If information submitted to the District by the applicant.
either in response to requests for additional information or
independent of a District request, incorporates or results in a
substantial modification in the proposed activity for which the
annlicant seeks a permit. the anplication will be considered an


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amended application. For purposes of this subsection, the term
"substantial modification" shall mean a modification which is
reasonably expected to lead to substantially different water
resource or environmental impacts which require a detailed
review. The amended application shall be reviewed for
completeness under subparagraph (b)l. Within the timeframes
set forth in subsection (6). the District shall approve or deny
the amended application.
3. Upon a determination by the District that the activity
requested in the Notice of Intent requires an individual permit
pursuant to Chapter 40E-2, F.A.C.. the Notice of Intent shall be
processed as an application for an individual water use permit.
unless the permit applicant withdraws the application. If the
application is processed as an individual water use permit, the
permit applicant will be required to submit payment equal to
the difference between the applicable fee for the individual
permit and the fee previously submitted. The individual water
use permit application shall be reviewed pursuant to the
requirements and timeframes set forth in Rule 40E-1.603.
F.A.C.
(6) The District shall notify the applicant of the date on
which the Notice of Intent is declared complete. Within five
days thereafter for permits issued pursuant to subsection
40E-20.302(2). F.A.C., 45 days thereafter for permits issued
pursuant to subsection 40E-20.302(3), F.A.C., or 60 days
thereafter for all other general water use permits, the District
shall prepare its recommendations regarding the subject Notice
of Intent and which shall constitute proposed agency action. A
notice of proposed agency action shall be furnished to the
applicant and any persons requesting the same pursuant to Rule
40E-1.6062, F.A.C. The notice of proposed agency action
shall state the District's intent to issue an Authorization to
Proceed or deny the Notice of Intent, and the reasons therefore.
If notice of application was published, pursuant to Rule
40E-1.6062(1), F.A.C., the notice of proposed agency action
shall contain a statement that the action will become final
agency action within 14 days of District mailing, if no petition.
pursuant to Rule 40E-1.6065, F.A.C., is received.
Specific Authority 120.53, 373.044, 373.113, 373.118 FS. Law Implemented
120.53(1), 120.60(2), 373.118 FS. History-New 7-31-87, Amended
11-21-89. 5-11-93. .

40E-1.6062 Public Notice Requirements for Water Use
Permit Applications and Proposed Agency Action.
(1) For water use general permits the following public
notice requirements shall apply:
(a) After submitting a Notice of Intent to use a general
water use permit, persons qualifying for the use thereof are not
F required to but may publish notice of the application in a
newspaper of general circulation, as defined in Chapter 50,


F.S., in the area affected by the proposed project. To be valid
notice to interested parties, the notice shall contain the
information in subsection 2., below, and shall be published
within 14 days of the date of filing the Notice of Intent, is sent
pursuant to subsection (4). Publication of notice shall be
evidence of constructive notice of the Notice of Intent.
Constructive notice is notice that imputes knowledge of the
Notice of Intent to the general public. If published, proof of
publication shall be submitted to the District within 14 days of
publication.
1. Each published notice shall clearly describe a point of
entry for persons whose substantial interests are affected by
providing the following information:
a. A statement, pursuant to Chapter 373, F.S.. that an
application for a general water use permit application was
submitted to the District. .
b. The project name, size and proposed land uses.
c. The project location, including street address and legal
description.
d. The application number and type of water use permit
applied for.
e. Maximum daily pumpage and discharge location, if
applicable.
f. The statement: "No further public notice will be
provided regarding this application. Any person, to remain
advised of further proceedings, must request a copy of the
proposed agency action within 14 days of publication.
Substantially affected persons are entitled to request an
administrative hearing regarding the proposed agency action
by submitting a written petition, pursuant to rule 40E-1.521,
F.A.C., within 14 days of the receipt of proposed agency action
pursuant to Rule 40E-1.511, F.A.C."
(2) The District shall provide a copy of the Notice of
Intent to any person who has filed a written request for
notification of any pending applications affecting a particular
designated area no earlier than six months before the date
specified in the notice. Interested persons shall have the
opportunity to inspect a copy of the District's file and submit
written comments, which shall be considered by the District if
received within 20 days of receipt of the Notice of Intent. The
District may require the person submitting comments to
furnish additional information reasonably necessary to
ascertain the nature of the comments. Upon request by the
applicant, the District will provide the applicant with a copy of
all comments on the application.
(3) Persons who wish to be advised of proposed or final
agency action regarding the Notice of Intent shall file a request
for further notice within 14 days of publication for all other
water use general permits or, if not published, within 21 days


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of the District receiving Notice of Intent, pursuant to this rule.
Notices of proposed agency or final action will be mailed only
to persons complying with this subsection.
(4) For those general short-term dewatering permits issued
without filing a Notice of Intent, pursuant to subsection
40E-20.302(4), F.A.C., and for those applicants for a
short-term general dewatering permit who commence work
pursuant to subsection 40E-20.302(4). F.A.C.:
(a) Substantially affected persons may file a petition for
administrative hearing pursuant to rule 40E-1.511, F.A.C. If a
notice of use is published, as provided in paragraph (b) below,
a petition must be filed with the District clerk within 14 days of
publication. If a petition is filed, the provisions of Chapter 120,
F.S., shall apply.
(b) A notice of use may be published in a newspaper of
general circulation, as defined in Chapter 50, F.S.. in the area
affected by the proposed project. Publication must occur, if at
all, within 7 days of commencing work. To be effective notice
to interested parties, the notice shall contain the following
information.
1. A statement, pursuant to Chapter 373, F.S.. that a
general permit was issued pursuant to subsection
40E-20.302(4), F.A.C.
2. A statement if applicable, that a short-term dewatering
permit s .s been applied for.
3. The project name, size and proposed land uses.
4. The project location, including street address and legal
description.
5. Maximum daily pumpage and discharge location.
6. The statement: "No further public notice will be
provided regarding this project. Substantially affected parties
are entitled to request an administrative hearing regarding the
operation by submitting a written petition, pursuant to Rule
40E-1.511. within 14 days of the date of this publication."
(5) For individual water use permits the following public
notice requirements shall apply:
(a) Within 45 days after receipt of an individual surface
water management or water use permit application, the District
shall publish notice thereof in a newspaper having general
circulation as defined in Chapter 50. F.S.. In addition, the
District shall provide a copy of the notice to any person who
has filed a written request for notification of any pending
applications affecting a particular designated area. Written
requests for notice copies must be renewed every six months.
(b) Interested persons shall have the oppn-runirv to inspect
a copy of the application and submit written .-"icn.'- which
shall be considered by the District if received Whir. 20 ilays of
the first date of publication. The District u'-Tl r,,uire that
person submitting comments to furnish ad' .' ".-,. nationon


reasonably necessary to ascertain the nature of the comments.
The District shall consider comments received after the
designated time period if proposed agency action has not been
taken on the application. The District shall provide the
applicant with a copy of all comments received on the
application.
(c) Publication of the notice of application pursuant to this
rule shall be used as evidence of constructive notice of the
permit application to all substantially affected persons.
Constructive notice is notice that imputes knowledge of the
application to the general public. Persons who wish to be
advised as to proposed agency action regarding the permit
application and provided an opportunity to request an
administrative hearing pursuant to Chapter 120, F.S., shall file
a written request for further notice regarding the permit
application by the date specified in the notice. Notices of
proposed agency action will be mailed only to persons
complying with this subsection.
Specific Authority 373.044, 373.113 FS. Law Implemented 120.53(1.
120.60(3). 373.146. 373.219, 373.229 FS. History-New

(Substantial Rewording of Rule 40E-1.607. See Florida
Administrative Code for present text).
40E-1.607 Permit Application Processing Fees.
A permit application processing fee is required and shall be
paid to the District when certain applications are filed pursuant
to District rules. An application shall not be considered filed
unless the appropriate application fee is submitted at the time
the application is submitted. These fees are assessed in order
to defray the cost of evaluating, processing, advertising, and
mailing required in connection with consideration of such
applications. Fees are non-refundable in whole or part unless
the activity for which an application is filed is determined by
the District to be exempt or the fee submitted is determined by
the District to be incorrect. Failure of any person to pay the
applicable fees established herein is grounds for the denial of
an application. The District's permit application processing
fees are as follows:
(1) Water Use Permit Applications.
(a) The fees for permit applications reviewed pursuant to
Chapters 40E-2 and 40E-20, F.A.C., are as follows:
1. Individual public water supply permit application,
individual public water supply permit modification application,
application for reissue of individual public water supply permit
......................... .... ....................... 2700.00
2. Individual agriculture irrigation water use permit
application, application for individual agriculture irrigation
water use permit modification .................................. $1000.00


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3. Individual landscaping, nursery, or golf course
irrigation water use permit application: application for
individual landscaping, nursery, or golf course irrigation water
use permit modification, application for reissue of individual
landscaping or nursery irrigation water use permit...... $900.00
4. Application for reissue of golf course individual
irrigation water use permit ........................................ $650.00
5. Individual mining (dewatering) permit application.
individual mining (dewatering) permit modification
application, application for reissue of individual mining
(dewatering) permit ........................... ............ $1800.00
6. Individual industrial water use permit application.
application for reissue of individual industrial water use permit
................................. .................................. ... $1400.00
7. Individual industrial water use permit modification
application............................................................... $1400.00
8. General permit application, general permit modification
application .............................................................$350.00
9. Short-term dewatering permit application, short-term
dewatering modification permit application................ $400.00
(b) The fee for a permit transfer to another entity pursuant
to Rules 40E-1.611 and 40E-2.351 is:........................$150.00
(c) Activities that do not require a permit and are exempt
pursuant to Rule 40E-2.051, F.A.C. are exempt from the above
consumptive use of water permit application fees.
(2) Water Well Construction Permit Applications.
(a) The fees for permit applications reviewed pursuant to
Chapter 40E-3 are as follows:
1. Application for water well construction ........... $100.00
2. Application for water well abandonment ............. 0.00
(b) Activities that do not require a permit and are exempt
pursuant to Rule 40E-3.051, F.A.C. are exempt from the above
water well construction permit application fees.
(3) Environmental Resource Permit Applications.
(a) The fee for a permit application for activities reviewed
pursuant Chapters 40E-4. 40E-40 and 40E-400. F.A.C. are as
follows:
1. Application for conceptual approval.......... $3050.00
2. Application for individual permit .................. $3050.00
3. Application for individual permit modification,
.......... ......................................................... $2050.00
4. Application for conceptual approval modification
.... ....................... .................................. $2050.00
5. Application for standard general permit, excluding
incidental site activities pursuant to Chapter 40E-40.042.
F.A .C .......... .......................................................... $650.00
6. Application for a noticed general permit pursuant to
Chapter 40E-400. F.A.C. ........................................... $100.00


7. Application for a single family residential homesite
consisting of 10 acres or less in total land area ........... $100.00
8. Application for standard general permit modification
including application for phase construction under a
Conceptual Approval....................................... 500.00
9. Application for standard general permit for incidental
site activities pursuant to Rule 40E-40.042. F.A.C.
............................................................................$... 200.00
(b) The fees for environmental resource permit
applications concerning the establishment and operation of a
mitigation bank under Chapter 40E-4, F.A.C. are as follows:
1. Individual Mitigation Bank permit ................ $3050.00
2. Mitigation Bank conceptual approval permit
................................................. $3050.00
3. Individual Mitigation Bank permit modification
........................ ........ ............................... $2050.00
4. Mitigation Bank conceptual approval permit
m odification .............................................................. $2050.00
5. Mitigation Bank permit or conceptual approval transfer
........... ..... ...................................... ........ .......... S150.00.
(c) For permit applications which involve a combination
of fee categories listed in this subsection, the highest fee that
applies shall be charged.
(d) Transfer of permit to another entity pursuant to Rules
40E-1.6107 and 40E-4.351. F.A.C..............................$150.00
(e) Any individual permit application submitted
concurrently with a conceptual approval application where
the individual permit application represents a portion of the
conceptual approval application is exempt from the above
environmental resource permit fees.
(f) The fees for obtaining variances from permitting
standards, permit conditions, or water quality standards
associated with an environmental resource permit application
are as follows:
1. Variances from Rule 40E-4.301(1)(a). F.A.C. ..$100.00
2. Other variances .............................................$500.00
(g) For projects grandfathered pursuant to Section
373.414, F.S.. the conceptual approval, individual or general
surface water management permit application fee shall be the
same as conceptual approval, individual or general
environmental resource permit application fees listed in this
subsection.
(h) For projects grandfathered pursuant to Section
373.414. F.S.. the wetland resource (dredge and fill) permit
application fee shall be as follows:
1. Dredge and fill construction projects up to and
including 5 years:


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a. Standard form projects including dredge and fill
activities that affect 10 or more acres of jurisdictional area.
pursuant to Rule 17-312.070(2), F.A.C. (1993) ...........$4000.00
b. Short form construction projects including dredging and
filling activities that affect less than 10 acres of jurisdictional
area, pursuant to Rule 17-312.070(2), F.A.C. (1993)....$500.00
c. Short form construction projects involving the
construction of new docking or boardwalk facilities, pursuant
to Section 17-312.070, F.A.C. (1993) that provide:
() 0 2 new boat slips................................... $300.00
(I1) 3 9 new boat slips..................................$500.00
2. Dredge and fill construction permits in excess of 5
years:
a. Short form permits from 6 years up to and including 10
years.......................... ............................................ 3000.00
b. Standard form permits for 6 years................$6000.00
c. Standard form permits for 7 years ...............$7000.00
d. Standard form permits for 8 years ...............$8000.00
e. Standard form permits for 9 years ............... $9000.00


f. Standard form permits for 10 years ..
g. Standard form permits for 11 years.
h. Standard form permits for 12 years.
i. Standard form permits for 13 years ..
j. .andard form permits for 14 years ..
k. Standard form permits for 15 years.
1. Standard form permits for 16 years ..
m. Standard form permits for 17 years
n. Standard form permits for 18 ears .


............ $10,000.00
...........$11,000.00
............$12,000.00
............$13,000.00
............$14,000.00
............$15,000.00
............$16.000.00
............$17,000.00
-CIR rwrv M


o. Standard form permits for 19 years .............$19.000.00
p. Standard form permits for 20 years .............$20.000.00
q. Standard form permits for 21 years .............$21 000.00
r. Standard form permits for 22 years ..............$22,000.00
s. Standard form permits for 23 years .............$23,000.00
t. Standard form permits for 24 years ..............$24.000.00
u. Standard form permits for 25 years .............$25,000.00
3. For the purposes of determining the fee for wetland
resource management permits, the term of duration for the
permit shall be reduced by the period of time (in yearly
increments) during which no dredging or filling activity occurs
or no reclamation, restoration, or mitigation occurs and only
minor monitoring and maintenance activities are required. The
fee for the full term shall be submitted with the application.
After the District determines the period of time that the term of
the permit can be reduced, the excess fee shall be returned.


4. For permit applications which involve a combination of
the project fee categories listed above, the highest fee that
applies to the appropriate standard form or short form project.
pursuant to Section 17-312.070, F.A.C., shall be charged.
5. Variances from permitting standards, permit conditions,
or water quality standards associated with a wetland resource
permit application:
a. Variances from the prohibition of Rule 17-312.080(7),
F.A .C ....................................................................$100.00
b. Other variances................ ................... 00.00
6. A single additional fee of $500 shall be required for
projects in which monitoring and evaluation to determine the
success of the mitigation will be required beyond the period of
time to which the permit fee will ordinarily apply. If it is
determined at the time of the permit application that
monitoring and evaluation to- determine the success of the
mitigation will be required beyond the time period to which the
permit fee will ordinarily apply, then this-single additional fee
will be due at this time. If it is determined after the time of the
permit application that monitoring and evaluation to determine
the success of the mitigation will be required beyond the time
period to which the permit fee will ordinarily apply, then this
single additional fee shall be due when it is determined that this
monitoring and evaluation is required.
7. General Permits.......................................... $100.00
8. Minor modifications of permits that do not require
substantial technical evaluation by the District, in conformance
with Rule 17-4.050(6) and (7). F.A.C. (1993). do not require a
new site inspection by the District, and will not lead to
substantially different environmental impacts or will lessen the
impacts of the original permit:
a. that consist of transfers of permits or time extensions.
.............................................................................. $50.00
b. involving minor technical changes when the existing
permit fee is less than $300.00, except for modifications to
permits issued pursuant to Section 403.816, F.S. ... $50.00
c. involving minor technical changes when the existing
permit fee is more than or equal to........................ $300.00.
(4) Petition for Formal Determination of Wetlands and
Other Surface Waters for:
(a) property less than or equal to 1 acre ...........$250.00
(b) property greater than 1 acre but less than or equal to 10
acres.........................................................................$550.00
(c) property greater than 10 acres but less than or equal to
40 acres................................................................... $750.00
(d) property greater than 40 acres but less than or equal to
120 acres.......................... ....... ....................$1500.00
(e)l. property greater than 120 acres..............$1500.00


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2. for each additional 100 acres or portion
thereof ..................... ..................................... 200.00
(f) renewal of formal wetland determinations
................................................................. .....$250.00
(g) for the validation of informal, non-binding wetland
determinations pursuant to Section 373.421(6). F.S. the fees
shall be the same as formal determinations listed above.
(5) Right of Way Occupancy Permit Applications.
(a) The fee for permit applications reviewed pursuant to
Chapter 40E-6. F.A.C., are as follows:
1. General permit application, general permit modification
application relating to single family residential use
....................................................... .........400.00
2. Individual/major projects application, individual/major
projects modification application relating to vehicular access
$1550.00
3. Individual permit application, individual permit
modification application relating to all other uses not within
subsections 1 and 2. above ......................................550.00
4. Application for emergency authorization pursuant to
Rule 40E-6.451, F.A.C ................................ 250.00
Specific Authority 373.044, 373.109, 373.113, 373.171 F.S. Law Implemented
373.109.373.421 F.S. History-New 1-8-80, Amended 1-2-91, 11-15-92,
6-1-93, 1-23-94, Amended 4-20-94,

(Substantial Rewording of Rule 40E-1.608. See Florida
Administrative Code for present text).
40E-1.608 Denial of Permits.
(1) The District shall provide written notice of the right to
a hearing to contest the denial of an application to any
applicant who is denied a permit.
(2) The District shall set forth in writing the grounds or
basis for denial of a permit. For environmental resource permit
applications, a notice of denial shall explain in general terms
what changes, if any, would address the reasons for denial.
Such changes shall not be limited to those modifications as
described in subsection 4.2.1.. "Basis of Review for
Environmental Resource Permit Applications Within the South
Florida Water Management District, June. 1994", incorporated
by reference in Rule 40E-4.091, F.A.C.
(3) A recommendation for denial is based exclusively
upon the specific proposal submitted by the applicant. Denial
of permit is without prejudice to the applicant's right to file a
modified proposal through a new application.
(4) Persons substantially affected by the proposed agency
action have the right to request an administrative hearing
pursuant to Section 120.57, F.S., and these rules, by filing a
petition with the District Clerk as specified in Rule 40E-1.511,
F.A.C. A petition shall be deemed filed on the date it is


received by the District Clerk. The petition must be in
substantial compliance with the provisions of Rule 40E-1.521,
F.A.C. Failure to timely request an administrative hearing shall
constitute a waiver of the right to such a hearing.
(5) Any hearing on the denial of a permit shall be
conducted in accordance with section 120.57, F.S., and unless
otherwise provided by law the applicant shall have the burden
of establishing entitlement to the permit.
Specific Authority 373.044. 373.113 FS. Law Implemented 120.53(1.) 120.57.
120.60 FS. History-New 9-3-81. Amended .

40E-1.609 Suspension, Revocation and Modification of
tDis-iet-Permits.
(1) The District may suspend or revoke a permit, in whole
or in pan, when it determines that the permitted or an his agent
of the permitted has:
(a) sSubmitted false or inaccurate information on an
application or operational report;
(b) y-Violated Chapter 373, ES.. ~lrida Statutes or
portions of Chapter 403, F.S. Flerida Statutes, for which
authority has been delegated to the District, and the rules
promulgated thereunder, or any other provision of Florida law
related to the operations or regulations of the District;
(c) fFailed to comply with an Administrative Order issued
pursuant to Section 373.119, F.S. Flrida Statutes;
(d) vViolated a condition of the permit;
(e) fFailed to permit inspection of the subject property.
(2) The District may revoke a permit or modify its terms
and conditions when it determines that such action is necessary
to protect the public health, safety and welfare, prevent a
public or private nuisance, or when the continued utilization of
the permit becomes inconsistent with the objectives of the
District. In such instances, due consideration shall be given to
the extent to which the permitted has detrimentally relied upon
the permit.
(3) The Executive Director shall initiate proceedings to
suspend, revoke, or modify a permit or other authorization by
causing service of serving a Notice of Intention upon the
permitted by certified mail or by service of process, which
shall state the nature of the intended action, and those findings
of fact and conclusions of law which support the action.
(4) The permitted may request an administrative hearing
pursuant to Section 120.57, FS., lorida Statutes, by filing a
Petition for Administrative Hearing with the District within 14
days of the date of receipt of the Notice of Intention. Petitions
are deemed filed upon receipt by the District Clerk. The
Petition must contain the following information:
(a) Name and address of the person party requesting a
hearing making- request.


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(b) A reference to the case number on the Notice of
Intention.
(c) A statement as to whether the party is requesting a
formal Section 120.57(1), F.S. Florida Statutes, or informal
Section 120.57(2), F.S.; Florida Statutes, hearing.
(d) When a formal hearing is requested, the permitted shall
admit or deny each finding of fact contained in the Notice of
Intention, or state that the permitted is without knowledge as to
the same, which shall be deemed to be a denial. The District
may decline to hold a formal hearing when there are no
disputed issues of material fact.
(5) Failure to comply with the provisions of subsection (4)
shall constitute a waiver of the right to a Section 120.57, F.S.
Florida Statutes, administrative hearing. In such event, all
findings of fact and conclusions of law contained in the Notice
of Intention shall be deemed uncontested and true in any
further judicial or administrative proceedings.
(6) The Governing Board shall consider the Notice of
Intention for whi:h a valid p :titi:n for a Scti n 120.57 .
Florida Statutes hearir g has~ nt ,bee t:imy fildl at the next
available regularly scheduled regulatory meeting following the
expiration of the 14 day time period mentioned in subsection
(4), unless a valid Section 120.57, F.S., petition has been filed.
The permitted or other affected persons may state their
objections to or comment in favor of the intended action, but
the appearance shall not constitute grounds for an
administrative appeal pursuant to Chapter 120, F.S. Florid
St'utees.
(7) When a valid petition for administrative hearing has
been filed, the Governing Board action shall defer
consideration of the matter pending the completion of the
administrative hearing and the submittal of a recommended
order, and any exceptions to that order. Provided however, that
the permitted may appear before the next available regularly
scheduled meeting of the Governing Board to discuss the
intended action by submitting a written request therefore within
the time period mentioned in subsection (4). The Governing
Board may cancel the intended action or make such
modifications as are deemed appropriate at that time. An
informal appearance before the Governing Board pursuant to
this subsection shall not constitute a waiver of the right to a
formal administrative hearing.
(8) The provisions of subsections (1) and (2) shall not
preclude the District from exercising other enforcement
remedies pursuant to Chapters 120, 373 and 403, F.S. Florida
Statutes- when it determines such action is necessary and
appropriate either in addition to or instead of suspension or
revocation described above.


(9) In the case of an emergency, the Executive Director,
with the concurrence and advice of the Governing Bboard, may
enter an order which suspends or revokes a permit, in whole or
in part, or modifies the terms and conditions of the permit. The
permitted shall take whatever actions necessary to cause
immediate compliance with the Emergency Order, but shall
have the right of administrative appeal, subject to the
provisions of subsections (4) through (7).
Specific Authority 120.53, 373.044, 373.113, 373.119, 373.129, 373.136 FS.
Law Implemented 120.53(l)(b),(c), 120.60(2), 373.119, 373.239. 373.243.
373.429 FS. History-New 9-3-81, Amended 5-11-93 ~

40E-1.6107 Transfer of Environmental Resource or Water
Use or Surface Water Management Permit.
(1) To transfer a water use or environmental resource
-surface w.atr magem.nt permit, the permitted, in addition to
satisfying the applicable provisions in Rules 40E-2.351 and
40E-4.351 F.A.C. must provide information required in Rule
40E-1.6105 F.A.C. together with a written statement from the
proposed transferee that it has reviewed the District permit and
project design and will be bound by all terms and conditions of
the permit, including all compliance requirements for the
duration of the permit.
(2) The District shall approve the transfer of a permit
unless it determines that the proposed transferee new-permittee
cannot provide reasonable assurances that conditions of the
permit will be met. The determination shall be limited solely to
the ability of the new permitted to comply with the conditions
of the existing permit, and it shall not concern the adequacy of
those these permit conditions.
(3) The District shall approve the transfer of the permit if
the requirements in Subsections (1) and (2) are met. If the
District proposes to deny the transfer, it shall provide both the
permitted and the proposed transferee new-permittee a written
objection to such transfer together with the notice of right to
request a Chapter 120, F.S., proceeding on such determination.
(4) Until transfer is approved by the District, the permitted
shall be liable for compliance with the permit. The permitted
transferring the permit shall remain liable for any corrective
actions that are required as a result of any violations of the
permit prior to the transfer of the permit.
Specific Authority 120.53(1), 373.044, 373.113 FS. Law Implemented
373.083, 373.171, 373.309, 373.416, 373.426, 373.429, 373.436 FS. History-
New 5-11-93. Amended

40E-1.612 Administrative Enforcement Action.
Specific Authority 120.53, 373.044. 373.113 FS. Law Implemented
120.53(1)(b), (c), 120.60(2), 120.68, 120.69, 373.119, 373.129, 373.136,
373.209, 373.433, 373.603 FS. History-New 9-3-81, Amended 5-11-93,
Transferred to 40E-1.705.


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40E-1.614 Orders of Corrective Action and Consent
Agreements.
Specific Authority 120.53, 373.044. 373.113 FS. Law Implemented 373.119.
373.129, 373.136 FS. History-New 5-11-93. Transferred to 40E- 1.711.

(Substantial Rewording of Rule 40E-1.615. See Florida
Administrative Code for present text).
40E-1.615 Coordinated Agency Review Procedures for
the Florida Keys Area of Critical State Concern.
(1) This rule applies to applications for environmental
resource and water use permits for projects located in the
Florida Keys Area of Critical State Concern when the applicant
has elected coordinated agency review under Section 380.051,
F.S.
(2) The following coordinated agency review procedures
apply to projects which are eligible for exemptions from
District environmental resource and water use permitting
requirements:
(a) No permit and no coordinated agency review
participation by the District is required for the water uses
exempted by Rule 40E-2.051 (Exemptions), F.A.C.
(b) No permit and no coordinated agency review
participation by the District is required for surface water
management activities which are exempted by Rule 40E-4.051
(Exemptions), F.A.C.
(3) The following coordinated agency review procedures
apply to projects which require permits pursuant to Chapters
40E-2 or 40E-20 (Consumptive Use) and 40E-4 or 40E-40,
(Environmental Resource), F.A.C.:
(a) The Coordinated Review Application shall consist of
the application information required by Rules 40E-1.603 or
40E-1.606, F.A.C. and Rules 40E-2.101 (Content of
Application) or 40E-4.101 (Content of Application), F.A.C.
(b) The District's Coordinated Review process begins
when the District receives the Coordinated Review Application
from the Permit Coordinator as required by Rule 9J-19.006(3)
(Initiation of Coordinated Review), F.A.C.
(c) The District's Coordinated Review process follows the
permit review procedures set forth in Rule 40E-1.603, F.A.C.
(Application Procedures for Conceptual Approval, Individual
and Standard General Environmental Resource and Individual
Water Use Permits).
(d) If the applicant waives the time limits required by
Chapter 120 and Section 380.051, F.S., as set forth in Rule
9J-19.007, F.A.C., the District shall delay initiation of
substantive review until written notice is received from the
Permit Coordinator indicating that substantive review should
begin, as provided in Rule 9J-19.007(3) (Coordination of Time


for Sufficiency Review), F.A.C. If the applicant does not waive
the time limits, the District shall begin substantive review
when the Coordinated Review Application is complete.
(e) The Certification of the Coordinated Review
Application required by Section 380.051(2)(a), F.S., and Rules
9J-19.002(3) (Purpose) and 9J-19.009(1) and (2) (Completion
of Substantive Review). F.A.C., shall occur within 60 days
after the District begins substantive review, and shall consist of
the notice of proposed agency action together with the staff
report on the individual permit pursuant to Rule
40E-1.603(6)(Procedures for Application for Individual
Environmental Resource and Water use Permits), F.A.C.,
which may recommend to the Governing Board approval,
approval with conditions or denial of the permit.
(f) Certification concludes the coordinated agency review
process. However, the applicant may complete the permit
process as set forth in Ruile 40E-1.603(6)-(11). F.A.C., which
result in the Governing Board's approval, approval with
conditions or denial of the permit.
Specific Authority 373.044, 373.113, 380.051 FS. Law Implemented 380.051
FS. History-New 9-22-87 Amende _

40E-1.659 Forms and Instructions.
(1) The following forms and instructions are hereby
incorporated published by reference and inoeerprated into this


chapter.
Form No. Date
0050A 7-89





0051 -12-78


Title
Application to the South Florida Water
Management District for a Permit for
Utilization of District Works and
Modification of Existing Permit Works
of the District Number.
Architect Engineer- and Related
SeAr;ices Questinnaire fer Specific
Pfejeetc
Ar-ehifeet E.tncud r ---- n P-- A nt


""'"" -
Serieces Qutiesnnrtioa.
0108 3-91 Application for Release of Mineral,
Canal, and Road Reservations Reserved
Under Chapters 6456,6957, 7305, 9131,
14717 and 20658, Laws of Florida.
0113 7-91 Surface Water Management Permit No.
0115 6-94 Surface Water Management Permit
Modification No.
0119 6-94 Wetland Resource Permit No.
0122 4-93 Application to the South Florida Water
Management District for Authority to
Utilize Works or Land of the District
0123 8-90 Well Construction Permit Application


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0124 11-90 Well Completion Report
0145 6-94 Environmental Resource Permit No.
0157 6-94 Environmental Resource Permit
Modification No.
0195 6-91 Public Water Supply Well Information
and Classification
0196 10-89 Water Well Inspection Scheduling Card
0299 1-90 Water Use Permit No.
0444 117-87 Notice of Intent to Conduct Pre-permit
Work
0445 7-87 Notice of Intent to Short-term Dewater
0483 6-943-94 Request for Environmental Resource
Permit or Water Use Permit Transfer
0645 6-9494 SCurfc- Water M nagement Pemit
Applicatione and/er Water Use Permit
Applications
0659 3-94 Notice of Intent to Use Water in
Conjunction with Oil Well Drilling in
Lee, Collier and Hendry Counties
0779 5-92 Guidance for Preparing an Application
for a "Works of the District" Permit in
the Everglades/Application for a Works
of the District Permit Applicationand
Guidance Booklet) for a Works of the
District Permit in the Everglades
pursuat to Ch. l0E 63, F.A.C.
0830 4-94 Special Use Application and License
0881 6-943-94 Environmental Resource Permit
Construction Completion /
Construction Certification
0920 6-943-94 Request for Conversion Tfeanfer of
Environmental Resource Permit from
Surface Water Management
Construction Phase to Operation Phase
0960 6-943-94 Environmental Resource Permit
Construction Commencement Notice
0961 6-943-94 Environmental Resource Permit Annual
Status Report for Surface Water
Management System Construction
0970 3-94 Applicant Transmittal Form for
Requested Additional Information
0971 6-94 Joint Water Management District/
Department of Environmental
Protection/U.S. Army Corps of
Engineers Environmental Resource
Permit Application
0972 6-94 Petition for a Formal Wetland and
Surface Water Determination


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0973 6-94 Above Ground Impoundment
Inspection/Certification Report
0974 6-94 Notice of Intent to Construct a Minor
Silvicultural System
0980 6-94 Notice of Intent to Use a Noticed
General Environmental Resource Permit
pursuant to Rule 40E-400, F.A.C.
0985 6-94 Mitigation Construction
Commencement Notice
(2) The forms and instructions listed in subsection (1) are
published by the Distri- t and e available without cost from
the following District Service Centers main office upon
request:;
(a) Big Pine Key Service Center, Marshall Building. Unit
9. Route 5 Box 183-H, Big Pine Key, FL 33043:
(b) Ft. Myers Service Center, Key West Professional
Center, 1342 Colonial Blvd., Suite 81, Ft. Myers. FL 33907:
(c) Okeechobee Service Center, 305 -East North park
Street. Suite A. Okeechobee, FL 349973-2033:
(d) Orlando Service Center. Lake Eleanor Center, 1756
Orlando Central Parkway, Orlando, FL 32809;
(e) Miami Service Center, Kendar Building, 1550
Mandruga Avenue, Suite 412, Coral Gables, FL 33146:
(f) Naples Service Center, 6167 Janes Lane, Naples, FL
33942; and
(g) West Palm Beach Service Center. 3301 Gun Club
Road, West Palm Beach. FL 33406.
Specific Authority 120.53, 373.044, 373.113 FS. Law Implemented
12052(14) 120.53()(b), 120.55()(e), 373.113 FS. History-New 9-3-81,
Amended 12-1-82, 3-9-83, Formerly 16K-1.90, Amended 7-26-87, 11-21-89,
1-4-93, Formerly 40E-1.901, Amended 5-11-93, 4-20-94._

PART VII COMPLIANCE AND ENFORCEMENT
DhTERAGENGC AGREEMENrS!
40E-1.701 Interagency Agreements.
Specific Authority 120.54(8), 373.044, 373.046, 373.113, 373.171, 373.414
FS. Law Implemented 120.54(8), 373.046, 373.403,373.413, 373.414,
373.416, 373.429 FS. History-New 11-15-92, Amended 1-23-94. Revealed

40E-1.702 Environmental Resource Permit Enforcement
Policy.
The policies set forth below are designed to achieve the
objectives of the District's environmental resource permit
enforcement program. The policies fall under three general
categories: Resource Protection, Dispute Resolution and
Penalty Assessments.
(1) The Resource Protection policy provides that:
(a) damages to water and related land resources shall be
recovered by requiring either complete restoration or
mitigation; and











Florida Administrative Weekly Volurne 20, Number 18, May 6, 1994


(b) in those cases where restoration or mitigation are not
environmentally feasible, the District shall require preservation
or restoration of other natural areas.
(2) The Dispute Resolution Policy provides that:
(a) violations can most effectively be prevented through
educating the public about District permitting practices and
criteria; and
(b) if the violation cannot be resolved in a negotiated,
pro-active manner, it is the District's policy to seek full
compliance with District permits and rules through appropriate
legal action.
(3) The Penalty Assessment policy provides that:
(a) the District shall provide for prompt resolution of
enforcement matters in a manner that best protects the public
interest and water resources: and
(b) the District shall ensure that violators do not gain an
advantage over competitors by circumventing District
requirements. Enforcement action shall be designed to remove
any economic benefit resulting from the failure to comply with
District permits and rules.
Specific Authority 120.53(1). 373.044. 373.113 FS. Law Implemented 120.62.
120.69. 373.083(2). 373.119. 373.129. 373.136. 373.430, 373.433, 373.603
FS. History-New

40E-1.705 Administrative Enforcement Action.
(1) Administrative enforcement action shall may be taken
whenever the Executive Director of the District determines or
has reason to believe that a violation of the provisions of
Chapter 373, F.S. Florida Statutz, or any regulation
promulgated thereunder, or permit or order issued pursuant
thereto has occurred, is occurring, or is about to occur.
(2) The Executive Director shall serve eeaug se-ceiee of an
administrative complaint and order on the alleged violator or
violators. The order shall state the findings of fact and
conclusions of law which support the initiation of
administrative enforcement action, the remedial or other action
necessary to terminate such action, and the time period within
which such remedial or other action must be taken.
(3) The respondent may request an administrative hearing
under Section 120.57, F.S. Flerida Statutes, by filing a petition
for administrative hearing with the District within 14 days of
the date of receipt of the order. Petitions are deemed filed with
the District on the date of receipt by the District Clerk. The
petition must be in substantial compliance with the provisions
of Rule 40E-1.521, F.A.C., a copy of which shall be attached to
the order. The petition shall contain allegations admitting or
denying each finding of fact in the order or state that
respondent is without knowledge as to the same, which shall be
deemed to be a denial.


(4) Failure to substantially comply with the provisions of
subsection (3) shall constitute a waiver of the right to a Section
120.57, F.S. Florida Statutes, administrative hearing.
(5) When a valid petition for administrative hearing has
been timely filed, the Governing Board shall enter a final order
after receipt of the recommended order in accordance with the
provisions of Chapter 120, F.S. Forida Statutes. When a valid
petition has not been timely filed, the order shall become final
upon the expiration of the time for filing the petition. The final
order shall constitute final agency action which shall be
enforceable pursuant to Sections 373.119, 373.129, 373.136,
373.433, 373.603 and 120.69, F.S. Florida Statutes, provided
however, that when the alleged violator fails to exhaust
administrative remedies in accordance with the provisions of
this section, all findings of fact and conclusions of law
contained in the order shall be deemed uncontested and true
and shall become final and binding upon the respondent in any
further judicial proceedings. In such event the final order shall
not be subject to judicial review regarding those matters which
might have been raised in a Chapter 120, F.S. Florida Statutes,
administrative hearing.
(6) Notwithstanding or in lieu of any administrative
enforcement action taken pursuant to this section, the
Executive Director may pursue appropriate judicial remedies
pursuant to Chapter 373, F.S. Florida Statutes, and other
applicable statutes.
Specific Authority 120.53, 373.044. 373.113 FS. Law Implemented
120.53(1)(b), (c), 120.60(2), 120.68, 120.69, 373.119, 373.129, 373.136,
373.209, 373.433, 373.603 FS. History-New 9-3-81, Amended 5-11-93,
Formerly 40E-1.612. Amended

40E-1.711 Orders of Corrective Action and Consent
Agreements.
(1) Orders of Corrective Action.
(a) An order of corrective action may accompany and be
served with an administrative complaint upon an alleged
violator pursuant to Rule 40E-1.705. F.A.C 0E 1.612. An
order of corrective action shall include a description of
remedial action, with implementation implementing
timeframes, and shall, if applicable, set forth any damages,
costs of investigation, or other demands that the District is
authorized to recover pursuant to Chapter 373 or Chapter 403.
F.S to rcer, as appoprepiate. Unless a responsive pleading
and request for a Section 120.57, F.S. administrative hearing is
filed within fourteen (14) days after service of the order of
corrective action, the order for corrective action shall become
final and effective, and shall constitute a final adjudication of
the matters alleged, subject only to judicial review under
Chapters 120 or 373, FS. Florida Statutes.


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(b) Orders of corrective action, which constitute final
agency action, shall be enforceable pursuant to the
enforcement provisions of Chapters 373 and 403. F.S., Florida
Statutes, and Chapter 103, Florida Statute, for actions taken
pursuant delegated authority under such statute.
(2) Consent Agreement.
(a) A consent agreement is final agency action order
wherein all parties and the District, by negotiation, have
arrived at a mutually aeeeptable resolution of alleged
violations of law for the purpose of achieving full and
expeditious compliance with Chapters 373 and 403, F.S.
Flerida Statutes, and District rules promulgated thereunder. A
consent agreement, executed by all parties to an enforcement
action, shall have the same force and effect as a final order
entered by the District after a formal Section 120.57, F.S.,
administrative hearing, and shall be enforced in like manner.
(b) The resolution of an enforcement action which requires
only the payment of civil penalties and costs but no corrective
action shall be memorialized by use of a letter agreement. Any
other remedial action required such as mitigation, restoration,
or procurement of permits shall be implemented by use of a
consent agreement.
(c) Upon execution by the Chair of the Governing Board,
or a duly authorized designee, and filed by the District Clerk, a
consent ;reement shall constitute agency action subject to the
provisions of Rule 40E-1.511, F.A.C.
(3) A non-exempt system which is constructed, operated,
altered, maintained, removed or abandoned without a permit
shall be restored to its pre-violation condition, unless a permit
application for such activity is approved by the District.
Specific Authority 120.53, 373.044, 373.113 FS. Law Implemented 373.119,
373.129, 373.136, 373.430. 373.603 FS. History-New 5-11-93. Former
40E-1.614. Amended

40E-1.715 Civil Penalty Calculation.
(1) Consistency and equitable treatment are essential
elements of the District enforcement policy. Therefore, the
District has developed a civil penalty matrix (CPM) for use in
calculating appropriate civil penalties in enforcement actions.
The CPM is incorporated by reference into this chapter and
Chapters 40E-2, 40E-3, 40E-4. 40E-5, 40E-6, 40E-40. 40E-41,
40E-61, 40E-63 and 40E-400. F.A.C.
(2) The CPM is the initial basis for determining the
appropriate amount for a particular penalty. The CPM reflects
the District's statutory authority under Section 373.129. F.S., to
seek civil penalties up to $10,000 per day, per violation. The
CPM is comprised of two principle components:
(a) the actual or potential harm to the public and the
environment that may occur as a result of the violation: and


(b) the extent of deviation from statutory or regulatory
requirements.
(3) Because an economic advantage can be derived
through avoidance of expenditures necessary to achieve
compliance with District permitting rules and regulations, the
District shall consider in its assessment of civil penalties any
economic benefit which the violator may have gained through
noncompliance.
(4) Multiple penalties shall be calculated for every
violation which constitutes an independent and substantially
distinguishable violation, or when the same person has violated
the same requirement in substantially different locations.
(5) Multi-day penalties shall be calculated where daily
advantage is being gained by the violator for an ongoing
violation, computed by multiplying the original assessment
amount by the number of days of noncompliance.
Specific Authority 120.53(1). 373.044, 373.113, 373.333(1) FS. Law
Implemented 120.69. 373.129. 373.209(3). 373.430. 373.603 FS. History-
New

40E-1.721 Complaints, District Investigations, Probable
Cause Determinations and Notices of Violations.
(1) Any person may file a written complaint with the
District alleging that a person is in violation of any of the
provisions of Chapter 373, F.S. Florida Statutes, or provisions
of Chapter 403, F.S. Florida Statutes, for which authority has
been delegated to the District, or the rules promulgated
thereunder or an order issued pursuant thereto. Any person
may file a written complaint alleging that a lawfully issued
District permit is causing a public or private nuisance. District
investigations and probable cause determinations preliminary
to District action are not subject to the provisions of Section
120.57, F.S. Friday Statutes, or the rules in this part
promulgated thereunder.
(.2) The complin^:t shall be filed ,ith the Distri: t Cl^rk.
Legal timCframes applicable t tho complaint shall comence
upon filing of the complaint with the Distrit Clrk.
21(-3) The complaint shall specify to the best of the
complainant's knowledge the identity of the alleged violator,
the location and nature of the alleged violation, and any
additional information deemed relevant or material by the
complainant. The complaint must be signed by the
complainant or the complainant's agent and contain an address
or phone number where the complainant can be reached. The
District shall request that the may requir-e complainant furnish
any additional information reasonably necessary to aid in
investigating the complaint.
(3(4) Upon receipt of a complaint filed pursuant to this
section, the District shall conduct an investigation and make a
determination of probable cause. Nothing in this rule shall


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preclude the District from conducting investigations and Additional Conditions for Issuance
probable cause determinations as otherwise authorized or for Activities In. On, or Over Wetlands
required by law. or Other Surface Waters 40E-4.302
(4)(5) An investigation or determination of probable cause Environmental Resource Permit
Authorization 40E-4.303
is a non-adversary executive function to discover or procure r 40E-4.305
Conceptual Approvals 40E-4.305
evidence as part of the fact finding function of the District. The Variances 40E-4.311
District need not have an administrative complaint pending to Duration of Permits 40E-4.321
conduct an investigation or make such a determination. Modification of Permits 40E-4.331
(5) Upon receipt of a field inspection or an investigation District Revocation or Modification
and upon a finding of probable cause, District staff are of Permits 40E-4.341
authorized to issue a Notice of Violation providing instructions Transfer of Permits 40E-4.351
for compliance with Chapter 373, F.S. and all applicable Conversion from Construction Phase
District rules. Nothing in this rule shall preclude the District to Operation Phase 40E-4.361
from seeking iniunctive relief or filing any other action that is Abatement and Abandonment of a System 40E-4.371
authorized by Chapter 373, F.S. General Conditions 40E-4.381
Emergency Authorization 40E-4.451
Specific Authority 120.53(1), 120.54(10), 373.044, 373.113 FS. Law PURPOSE AND EFFECT: These revised rules implement the
Implemented 120.53(1), 120.57(4), 420.61, 373.219(2), 373.229(2),
373.333(2). 373.429 FS. History-New 9-3-81, Formerly 16K-1.09, comprehensive environmental regulatory scheme
16K-2.03(3). Amended 5-11-93. Formerly 40E-1.510. Amended contemplated by the legislature in Part IV of Chapter 373

NAME OF PERSON ORIGINATING PROPOSED RULE: pursuant to the Florida Environmental Reorganization Act of
Steve Lamb, Director, Regulation Department 1993. The revisions combine the substantive provisions of the
NAME OF SUPERVISOR OR PERSON WHO APPROVED Department of Environmental Protection's wetland resource
THE PROPOSED RULE: South Florida Water Management (dredge and fill) permitting criteria with the existing criteria for
District Governing Board obtaining a Management and Storage of Surface Water
DATE PROPOSED RULE APPROVED: 4/14/94 (MSSW) permit from the District. After the adoption of these
revised rules, an applicant will no longer be required to obtain
WATER MANAGEMENT DISTRICTS both a wetland resource permit and a MSSW permit for the
South Florida Water Management District same activity, unless the project is grandfathered pursuant to
RULE TITLES: RULE NOS.: 373.414, F.S. Instead, one application for an environmental
Policy and Purpose 40E-4.011 resource permit (ERP) will be required.
Definitions 40E-4.021 SUMMARY: The revisions to Chapter 40E-4 establish
Implementation 40E-4.031 definitions to be used in implementing Part IV of Chapter 373,
Permits Required 40E-4.041 establish thresholds for different types of ERPs, incorporate
Permit Thresholds 40E-4.0415 exemptions from wetland resource permitting as established in
Formal Determination of Wetlands Section 17-312.050, F.A.C., establish new exemptions for
and Other Surface Waters 40E-4.042
and Other Surface Waters 40E042 certain other minor activities, and exempt certain other
Exemptions From Permitting 40E-4.051
Exemptions From Specified Review activities from specified review criteria. The revisions clarify
Exemptions From Specified Review
Criteria 40E-4.0515 thresholds for permits to be obtained from certain local
Modification of Exempt Projects 40E-4.054 governments which are delegated authority by the District. The
Delegation of Environmental conditions for issuance of permits have been revised to allow
Resource Permitting to Local the District to consider an applicant's past violations of rules
Government 40E-4.061 adopted under Part IV of Chapter 373 and Part VIII of Chapter
Publications And Interagency 403, F.S. (1991) in evaluation of an ERP application. The
Agreements Incorporated by statutory seven part public interest test and an analysis of
Reference 40E-4.091 cumulative and secondary impacts have been incorporated into
Content of Permit Applications 40E-4.101 the ERP review criteria. New Section 40E-4.311 establishes a
Forms and Instructions 40E-4.201 procedure for obtaining variances from specified criteria that is
Perit Application Processing Fees 40E-4.205 based upon the existing DEP variance procedure under Section
Conditions for Issuance of Permits 40E-4.301 403.201. The revisions establish a revised set of general
conditions for Individual and Standard General Environmental


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Resource Permits which will be consistent with the other water
management districts and the DEP, and clarifies emergency
authorization procedures.
The "Basis of Review for Environmental Resource Permit
Applications Within The South Florida Water Management
District" has been revised to reflect the changes to Chapters
40E-1, 40E-4, 40E-40. The environmental criteria section of
the Basis of Review for Environmental Resource Permit
Applications Within the South Florida Water Management
District has been expanded to incorporate the criteria
applicable to ERP applications. The revised criteria include
provisions which involve: elimination or reduction of impacts
caused by a proposed system; impact to the abundance,
diversity and habitat of fish, wildlife and listed species:
impacts to water quality and quantity; the seven part public
interest test; impacts to Class II waters and waters approved for
shellfish harvesting, vertical seawalls in estuaries or lagoons;
secondary and cumulative impacts; and mitigation for
unavoidable adverse impacts caused by a proposed system.
Further, a procedure is established for obtaining a formal
determination of the landward extent of wetlands and other
surface waters. Additionally, provisions which govern the
establishment and use of mitigation banks are revised in
response to minor objections by the Joint Administrative
Procedur s Committee.
SPECIFIC AUTHORITY: 120.53(1), 120.54(8), 373.016,
373.044, 373.109, 373.113, 373.118, 373.171, 373.406(5),
373.412, 373.414(9), 373.421, 380.06(9) F.S.
LAW IMPLEMENTED: 120.53(1), 120.54(8), 120.59(3),
373.016, 373.019, 373.042, 373.044, 373.086(1), 373.103,
373.109, 373.113, 373.116, 373.117, 373.118, 373.119(2),
373.229, 373.403-.443, 380.23, 380.06(9), 403.031, 403.201,
403.813(2), 704.06 F.S.
A HEARING WILL BE HELD AT THE TIME, DATE, AND
PLACE SHOWN BELOW:
TIME AND DATE: 9:00 A.M., June 9,1994
PLACE: South Florida Water Management District
Headquarters, Auditorium, 3301 Gun Club Road, West Palm
Beach, Florida.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE AND ECONOMIC IMPACT
STATEMENT IS: Jim Drosakis, Rules Analyst, South Florida
Water Management District, Post Office Box 24680, West
Palm Beach, FL 33416-4680.

THE FULL TEXT OF THE PROPOSED RULES ARE:

ENVIRONMENTAL RESOURCE PERMITS
CT TT1A /'rIII AT'rD LA A A 10 A .rtk yT


(Substantial Rewording of Rule 40E-4.011. See Florida
Administrative Code for present text).
40E-4.011 Policy and Purpose.
(1) It is the policy of the District to regulate activities in,
on or over wetlands or other surface waters and the
management and storage of all surface waters within its
boundaries pursuant to the provisions of Chapter 373. F.S., and
Chapters 40E-4, 40E-40, 40E-41 and 40E-400, F.A.C.
(2) This chapter, as well as Chapters 40E-40 and 40E-400,
F.A.C.. implement the comprehensive permit system
contemplated in Part IV of Chapter 373, F.S.
(3) The rules relating to environmental resource permits
are found in this chapter. Chapters 40E-40, F.A.C.
(Environmental Resource Standard General Permits) and
40E-41, F.A.C. (Surface Water Management Basin and Related
Criteria). In addition, no notice and noticed environmental
resource general permits are found in Chapter 40E-400, F.A.C.
(4) Supplemental permit requirements for activities within
defined geographical areas are found in Chapters 40E-41
(Surface Water Management Basin and Related Criteria),
40E-61, F.A.C. (Lake Okeechobee Surface Water Management
and Improvement Permits), and 40E-63, F.A.C. (Everglades
Agricultural Area Surface Water Management and
Improvement Permits).
(5) Where impacts to mangroves are proposed as part of a
permit application filed pursuant to this chapter, the District
shall review such impacts in accordance with Chapter 17-321,
F.A.C.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.086(1),
373.103(1), 373.103(4), 373.403-.443 FS. History-New 9-3-81, Formerly
16K-4.01, Amended 4-20-94_ .

(Substantial Rewording of Rule 40E-4.021. See Florida
Administrative Code for present text).
40E-4.021Definitions.
When used in this chapter, Chapters 40E-40, 40E-41 and
40E-400, F.A.C.:
(1) "Abandon" or "abandonment" means cessation of use
and maintenance activities or responsibility for a system, or
part of a system.
(2) "Alter" means to extend a dam or works beyond
maintenance in its original condition, including changes which
may increase or diminish the flow or storage of surface water
which may affect the safety of such dam or works.
(3) "Appurtenant works" means any artificial
improvements to a dam which might affect the safety of such
dam or, when employed, might affect the holding capacity of
such dam or of the reservoir or impoundment created by such
dam.


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(4) "Conceptual Approval" means an environmental
resource permit, issued by the District Governing Board, which
approves a conceptual master plan for a surface water
management system or a mitigation bank. Conceptual
approvals constitute final District action, and are binding to the
extent that adequate data has been made available for review
by the applicant during the review process. To the extent that
there is any inconsistency between the permit-staff report and
other information in the application file, the permit staff report
shall control.
(5) "Conservation Easement" means a right or interest in
real property which is appropriate to retaining land or water
areas predominantly in their natural, scenic, open, agricultural.
or wooded condition: retaining such areas as suitable habitat
for fish, plants, or wildlife; retaining the structural integrity or
physical appearance of sites or properties of historical.
architectural, archaeological, or cultural significance: or
maintaining existing land uses and which prohibits or limits
any or all of the following:
(a) construction or placing of buildings, roads, signs.
billboards or other advertising, utilities or other structures on
or above the ground;
(b) dumping or placing of soil or other substance or
material as landfill or dumping or placing of trash, waste, or
unsightly or offensive materials:
(c) removal or destruction of trees, shrubs, or other
vegetation:
(d) excavation, dredging, or removal of loam, peat, gravel.
soil, rock, or other material substance in such manner as to
affect the surface:
(e) surface use except for purposes that permit the land or
water area to remain predominantly in its natural condition:
(f) activities detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and
wildlife habitat preservation;
(g) acts or uses detrimental to such retention of land or
water areas: and
(h) acts or uses detrimental to the preservation of the
structural integrity or physical appearance of sites or properties
of historical, architectural, archaeological, or cultural
significance.
(6) "Construction" means any activity including land
clearing, earth moving or the erection of structures which will
result in the creation of a system.
(7) "Dam" means any artificial or natural barrier, with
appurtenant works, raised to obstruct or impound, or which
does obstruct or impound, any of the surface waters of the
state.
(8) "Drainage basin" means a subdivision of a watershed.


(9) "Dredging" means excavation, by any means, in
surface water or wetlands, as delineated in Section 373.421(1).
F.S. It also means the excavation, or creation, of a water body
which is, or is to be, connected to surface waters or wetlands.
as delineated in Section 373.421(1), F.S., directly or via an
excavated water body or series of water bodies.
(10) "Embedment" means the placement of transmission
or distribution lines, pipes or cables into the bottoms of waters
of the State by minimal displacement of bottom material and
without the creation of a trench, or trough, through the use of
techniques such as plowing-in, weighing-in, or non-trenching
iets.
(11) "Entrenchment" means the placement of transmission
or distribution lines, pipes or cables into the bottoms of waters
of the State by the creation of a defined trench, or trough.
through the use of such devices as clamshells, dredges,
trenching iets, or other devices which produce similar results.
(12) "Environmental resource permit" means a conceptual
approval, individual or general permit for a surface water
management system issued pursuant to Part IV, Chapter 373,
F.S. Environmental resource permit also means a conceptual or
individual permit for the establishment and operation of a
mitigation bank.
(13) "Filling" means the deposition, by any means, of
materials in surface waters or wetlands, as delineated in
Section 373.421(1), F.S.
(14) "General Permit" means an environmental resource
permit issued or denied by District staff. General permits come
in three forms: No Notice, Noticed and Standard General
permits.
(15) "Impoundment" means any lake, reservoir, pond. or
other containment of surface water occupying a bed or
depression in the earth's surface and having a discernible
shoreline.
(16) "Incidental site activities" means those certain site
activities in uplands which may be conducted in conjunction
with the work proposed in an environmental resource permit
application such as: land clearing in uplands: minimal
earthwork, lake construction; road subgrade construction:
foundation construction: utility installation: fence installation:
construction trailer installation: unconnected drainage facility
construction: or other similar activities.
(17) "Individual Permit" means an environmental resource
permit issued by the District Governing Board.
(18) "Listed Species" means those animal species which
are endangered, threatened or of special concern and are listed
in Sections 39-27.003, 39-27.004 and 39-27.005. F.A.C., and
those plant species listed in 50 Code of Federal Reg-
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(19) "Maintenance" or "repairs" means remedial work of a
nature as may affect the safety of any dam, impoundment.
reservoir, or appurtenant work or works, but excludes routine
custodial maintenance.
(20) "Operation permit" means a permit issued by the
District authorizing the operation and maintenance of a surface
water management system in accordance with the terms and
conditions of the permit.
(21) "Other Surface Waters" means surface waters as
described and delineated pursuant to Section 17-340.600,
F.A.C., as ratified by Section 373.4211, F.S., other than
wetlands.
(22) "Riprap" means a sustaining wall made to reduce the
force of waves and to protect the shore from erosion and
consists of unconsolidated boulders, rocks, or clean concrete
rubble with no exposed reinforcing rods or similar protrusions.
(23) "State water quality standards" means water quality
standards adopted pursuant to Chapter 403, F.S.
(24) "Stormwater management system" means a system
which is designed and constructed or implemented to control
discharges which are necessitated by rainfall events.
incorporating methods to collect, convey, store, absorb, inhibit.
treat, use or reuse water to prevent or reduce flooding, over
drainage, environmental degradation, and water pollution or
otherwise affect the quantity and quality of discharges from the
system.
(25) "Surface water management system" or "system"
means a stormwater management system, dam, impoundment,
reservoir, appurtenant work or works, or any combination
thereof. The terms "surface water management system" or
"system" include dredged or filled areas.
(26) 'Total land area" means land holdings under common
ownership which are contiguous or land holdings which are
served by common surface water management facilities.
(27) "Watershed" means the land area which contributes to
the flow of water into a receiving body of water.
(28) "Wetlands" means those areas that are inundated or
saturated by surface water or ground water at a frequency and a
duration sufficient to support, and under normal circumstances
do support, a prevalence of vegetation typically adapted for life
in saturated soils. Soils present in wetlands generally are
classified as hydric or alluvial, or possess characteristics that
are associated with reducing soil conditions. The prevalent
vegetation in wetlands generally consists of facultative or
obligate hydrophytic macrophytes that are typically adapted to
areas having soil conditions described above. These species,
due to morphological, physiological, or reproductive
adaptation, have the ability to grow, reproduce, or persist in
aquatic environments or anaerobic soil conditions. Florida


wetlands generally include swamps, marshes, bayheads, bogs,
cypress domes and strands, sloughs, wet prairies, riverine
swamps and marshes, hydric seepage slopes, tidal marshes,
mangrove swamps and other similar areas. Florida wetlands
generally do not include longleaf or slash pine flatwoods with
an understory dominated by saw palmetto. The landward
extent of wetlands shall be delineated pursuant to Sections
17-340.100 through 17-340.550, F.A.C., as ratified by Section
373.4211, F.S.
(29) "Works" means all artificial structures, including but
not limited to ditches, canals, conduits, channels, culverts,
pipes, and other construction that connects to, draws water
from, drains water into, or is placed in or across the waters in
the state.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.019.
373.403-.443, 403.031(43), 704.06 FS. History-New 9-3-81. Amended
1-31-82, 12-1-82, Formerly 16K-1.05(11), Amended 7-1-86,
4-20-94, .

40E-4.031 Implementation.
(1) The effective dates for the permit program developed
pursuant to Part IV, Chapter 373, F.S. irmplementation of this
ehapte are:
(a) January 12, 1977, for the portion of the District
formerly within the Ridge and Lower Gulf Coast Water
Management District.
(b) March 2, 1974, for the remainder of the District.
(2) The rules implementing the Environmental Resource
Permit Program shall apply to projects which do not have a
complete permit application, as evidenced by a letter of
completeness from the District on the effective date of the rule,
unless the project is grandfathered pursuant to Section
373.414, F.S. The rule contained in thl' Chapter w:il be
applied to all newv projects whieh do not hoave omplote
applilationf, as evid:ened by a letter o. f completeness undr,
rule 40E 1.603(9)(a), F.A.C. on the effective date of the rule.
(3) Unless otherwise addressed by this rule, aAn
application deemed complete prior to the effective date of a
rule shall be governed by the rules in effect at the time the
application became complete.
Specific Authority 373.044, 373.113. 373.171 FS. Law Implemented
373.403-.443 FS. History-New 9-3-81, Amended 4-20-94_ .

(Substantial Rewording of Rule 40E-4.041. See Florida
Administrative Code for present text).
40E-4.041 Permits Required.
(1) Unless expressly exempt by Sections 373.406 and
403.813, F.S., or rule 40E-4.051, F.A.C.. it shall be unlawful
for any person to construct, alter, operate, maintain, remove or
abandon any stormwater management system, dam,
impoundment, reservoir, appurtenant work or works, or any


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combination thereof, including dredging or filling without first
having obtained an environmental resource permit from the
District. This includes the maintenance and operation of
existing agricultural surface water management systems and
the construction of new agricultural surface water management
systems.
(2) The District issues three types of environmental
resource permits: conceptual approval permits: individual
permits; and general permits.
(a) Conceptual approval permits are issued in individual
form only. A conceptual approval may be issued for projects
that are to be developed in phases. A conceptual approval does
not authorize any construction, alteration, operation.
maintenance, removal or abandonment of a surface water
management system.
(b) An individual permit shall be issued pursuant to
Chapter 40E-4, F.A.C.. for projects that do not qualify for
general permits based on the threshold conditions set forth in
Chapters 40E-40, and 40E-400, F.A.C.
(c) General permits may be issued in three forms: standard
general permits, no notice and noticed general permits. A
general permit may be issued for specified activities or projects
that satisfy the thresholds and conditions of Chapters 40E-40,
and 40E-400, F.A.C. Standard general permits are issued
pursuant to Chapter 40E-40, F.A.C. No notice and noticed
general permits are issued pursuant to Chapter 40E-400, F.A.C.
(d) The District issues two types of mitigation bank
environmental resource permits: conceptual approvals and
individual permits, pursuant to Section 4.4 of the Basis of
Review for Environmental Resource Permit Applications
within the South Florida Water Management District June,
1994. A Conceptual approval does not authorize the
establishment or operation of the mitigation bank. A mitigation
bank individual permit authorizes the establishment and
operation of a mitigation bank.
Specific Authority 373.044, 373.113, 373.406(5) FS. Law Implemented
373.103(4), 373.413, 373.416, 373.426 FS. History-New 9-3-81. Amended
12-1-82, Formerly 16K-4.03(1), 16K-4.07(1), 16K-4.09(1), Amended,
1-23-94, 4-20-94, .

40E-4.0415 Permit Thresholds.
(1) A system which exceeds any one of the following
threshold conditions must obtain an individual environmental
resource permit:
(a) the system serves a project of 100 acres or more: or
(b) construction or alteration of the system, including
dredging or filling, is proposed in, on. or over a total of one
acre or more of wetlands or other surface waters.
(c) the system includes more than nine proposed boat
slips.


(2) The Governing Board may designate specific
geographic areas within which individual or standard general
environmental resource permits shall be required for the
construction, alteration, operation, maintenance, removal or
abandonment of.surface water management systems which fall
below any thresholds or activities set forth in this rule.
Specific Authority 373.044. 373.113, 373.406(5) FS. Law Implemented
373.118(1). 373.413(1) FS. History-New

40E-4.042 Formal Determination of Wetlands and Other
Surface Waters.
(1) Pursuant to subsection 373.421(2), F.S.. a real property
owner, an entity that has the power of eminent domain, or any
other person who has a legal or equitable interest in real
property may petition the District for a formal determination
for that property. A formal determination means the District
will determine the locations on the property of the landward
boundaries of wetlands and other surface waters defined by
chapter 17-340, F.A.C., as ratified in section 373.4211. F.S.
(2) The Executive Director is delegated the authority of
the Governing Board to take final action on petitions for formal
wetland and other surface water determinations.
(3) The process and procedures for filing a petition for a
formal determination of wetlands and other surface waters are
set forth in Section 4.5 of the Basis of Review for
Environmental Resource Permit Applications Within the South
Florida Water Management District June, 1994 and are
incorporated by reference in this rule.
(4) A formal determination shall be binding for five years
provided physical conditions on the property do not change so
as to alter the boundaries of the wetlands or other surface
waters during that period.
(5) Pursuant to Section 373.421(4), F.S.. a formal
determination may be revoked upon a finding that the
petitioner submitted inaccurate information to the District.
Specific Authority 373.043. 373.113. 373.421(2) FS. Law Implemented
373.421(2) F.S. History-New

(Substantial Rewording of Rule 40E-4.051. See Florida
Administrative Code for present text).
40E-4.051 Exemptions From Permitting.
Exemptions from permitting under Chapters 40E-4, 40E-40
and 40E-400, F.A.C. are set forth below.
(1) Pipes or Culvens.
(a) The repair or replacement of existing functional pipes
or culverts the purpose of which is the discharge or conveyance
of stormwater. In all cases, the invert elevation, the diameter,
and the length of the culvert shall not be changed. However,
the material used for the culvert may be different from the
original material. This exemption does not authorize the repair,


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replacement, or alteration of dam's spillways or appurtenant
works, nor construction activities or procedures that cause
violation of water quality standards as set forth in Chapter
17-302 and Rule 17-4.242. F.A.C.
(b) The installation and maintenance of intake and
discharge pipes associated with marine bivalve facilities that
have a valid industrial wastewater general permit, pursuant to
Rule 17-660.821, F.A.C.
(2) Maintenance of Systems.
(a) The performance of maintenance dredging of existing
manmade canals, channels, basins, berths, and intake and
discharge structures, where the spoil material is to be removed
and deposited on a self-contained, upland spoil site which will
prevent the escape of the spoil material and return water from
the spoil site into wetlands or other surface waters, provided no
more dredging is performed than is necessary to restore the
canal, channels, basins, berths, and intake and discharge
structures to original design specifications, and provided that
control devices are used at the dredge site to prevent turbidity
and toxic or deleterious substances from discharging into
adjacent waters during maintenance dredging. This exemption
shall apply to all canals constructed before April 3, 1970. and
to those canals constructed on or after April 3, 1970, pursuant
to all necessary state permits. This exemption shall not apply to
the removal of a natural or manmade barrier separating a canal
or canal system from adjacent wetlands or other surface waters.
The term "maintenance dredging" shall not apply to redredging
of any canal, channel, basin, berth, or intake or discharge
structure which has been allowed to shoal in to such an extent
so as to render the canal, channel, basin, berth or intake or
discharge structure unusable for its intended purpose. Where
no previous permit has been issued by the Board of Trustees of
the Internal Improvement Trust Fund, the Department, the
District or the United States Army Corps of Engineers for
construction or maintenance dredging of the existing manmade
canal, channel, basin, berth or intake or discharge structure,
such maintenance dredging shall be limited to a depth of no
more than 5 feet below mean low water.
(b) The maintenance of functioning insect control
structures, and the maintenance of functioning dikes and
functioning irrigation and drainage ditches, including roadway
drainage ditches, provided:
1. The spoil material is deposited on a self-contained
upland spoil site which will prevent the escape of the spoil
material and return water into wetlands or other surface waters.
2. In the case of insect control structures, if the cost of
using a self-contained upland spoil site is so excessive as
determined by the Department of Agriculture and Consumer
Services, pursuant to Subsection 403.088(1), Florida Statutes,


that it will inhibit the proposed insect control, existing spoil
sites or dikes may be used, upon notification to the District. In
the case of insect control where upland spoil sites are not used
pursuant to this exemption, turbidity control devices shall be
used to confine the spoil material discharge to that area
previously disturbed when the receiving body of water is used
as a potable water supply, is designated as approved,
conditionally approved, restricted or conditionally restricted
waters for shellfish harvesting by the Department, or functions
as a habitat for commercially or recreationally important
shellfish or finfish.
3. In all cases, no more dredging is to be performed than is
necessary to restore the dike or irrigation or drainage ditch to
its original design specifications.
4. This exemption shall apply to manmade trenches dug
for the purpose of draining water from the land or for
transporting water for use on the land and which are not built
for navigational purposes.
(c) Maintenance of minor silvicultural surface water
management systems as described in subsection
40E-400.500(4), F.A.C., which were permitted under Part IV
of Chapter 373, F.S. or were constructed prior to the
requirements for a permit under this part, provided such
maintenance is conducted in accordance with the performance
standards set forth in section 40E-400.500(5), F.A.C.
(d) The restoration of less than 100 feet in length of
existing insect control impoundment dikes and the connection
of such impoundments to tidally influenced waters. Such
impoundments shall be connected to tidally influenced waters
for at least 6 months each year, beginning September 1 and
ending February 28 if feasible, or operated in accordance with
an impoundment management plan approved by the District.
The connection shall be of sufficient cross-sectional area to
allow beneficial tidal influence. Restoration shall involve no
more dredging than needed to restore the dike to original
design specifications, and such that the final elevation of the
dredge area shall be within two feet of immediately adjacent
bottom elevations. For the purposes of this paragraph,
restoration shall not include maintenance of impoundment
dikes of insect control impoundments.
(3) Docking Facilities and Boat Ramps.
(a) The installation, replacement or repair of mooring
pilings and dolphins associated with private docking facilities.
(b) The installation of private docks of 1000 square feet or
less of surface area over wetlands or other surface waters or
500 square feet or less of surface area over wetlands or other
surface waters for docks which are located in Outstanding
Florida Waters. This exemption shall include the construction
of structures above the dock area, such as boat shelters,


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provided such structures are not enclosed with walls and doors,
are not used for living, commercial purposes, or storage of
materials other than those associated with recreational use, and
provided the structures do not exceed, together with the
docking facility, the total area limitations above. To qualify for
this exemption, any such dock and associated structure:
1. shall be used for recreational, non-commercial
activities, associated with the mooring or storage of boats and
boat paraphernalia:
2. shall be constructed or held in place by pilings,
including floating docks, so as not to involve filling or
dredging other that necessary to install the pilings:
3. shall not substantially impede the flow of water, create a
navigational hazard, or cause water quality violations: and
4. shall be the sole dock constructed pursuant to this
exemption as measured along the shoreline for a minimum
distance of 65 feet, unless the parcel of land or individual lot as
platted is less than 65 feet in length alone the shoreline, in
which case there may be one exempt dock allowed per parcel
or lot. For the purposes of this paragraph, multi-family living
complexes and other types of complexes or facilities associated
with the proposed private dock shall be treated as one parcel of
property regardless of the legal division of ownership or
control of the associated property. Construction of a private
dock under this exemption does not require the District to issue
a subsequent permit to construct a channel to provide
navigational access to the dock. Activities associated with a
private dock shall include the construction of structures
attached to the pier which are only suitable for the mooring or
storage of boats (i.e., boatlifts).
(c) Construction of private docks in artificially created
waterways where construction will not violate water quality
standards, impede navigation, or adversely affect flood control.
For the purpose of this exemption, a violation of water quality
standards will be assumed not to occur if no more than one
private boat slip per 65 linear feet of shoreline is to be located
along the parcel or lot, provided fuels, motor oils, paints or
substances toxic to aquatic flora or fauna are not stored or
dispensed on or from the structure.
(d) The replacement or repair of existing docks and
mooring piles, provided:
1. No fill material other than the dock pilings is used:
2. The replacement or the repaired dock is in the same
location and of the same configuration and dimensions as the
dock being replaced or repaired: and
3. The dock or mooring pile must be functional and able to
provide access to a boat or boats moored at the dock before this
exemption may be used.


(e) The installation and maintenance to design
specifications of boat ramps on artificial bodies of water where
navigational access to the proposed ramp exists, or the
installation and maintenance to design specifications of boat
ramps open to the public in any wetlands or other surface
waters where navigational access to the proposed ramp exists
and where the construction of the proposed ramp will be less
than 30 feet wide and will involve the removal of less than 25
cubic yards of material from the wetlands or other surface
waters, and the installation of docks with an area of 500 square
feet or less over wetlands or other surface waters that are
associated with and adjoining the boat ramps constructed
pursuant to this exemption. All material removed shall be
placed upon a self-contained upland site so as to prevent the
escape of the spoil material and return water from the spoil site
into the wetlands or other surface waters. For the purpose of
this exemption, artificial bodies of water shall include, but not
be limited to. residential canal systems. canals permitted by a
District created under Section 373.069, F.S., and artificially
created portions of the Florida Intracoastal Waterway.
(4) Shore Stabilization.
(a) Construction of seawalls or riprap. including only that
backfilling needed to level the land behind seawalls or riprap,
in artificially created waterways, where such construction will
not violate existing water quality standards, impede navigation
or adversely affect flood control. An artificially created
waterway shall be defined as a body of water that has been
totally dredged or excavated and which does not overlap
natural wetlands or other surface waters. For the purpose of
this exemption, artificially created waterways shall also
include existing residential canal systems. This exemption does
not apply to the construction of vertical seawalls in estuaries or
lagoons unless the proposed construction is within an existing
man-made canal where the shoreline is currently occupied in
whole or in part by vertical seawalls.
(b) The restoration of a seawall or riprap at its previous
location or upland of or within one foot waterward of its
previous location. No filling can be performed except in the
actual restoration of the seawall or riprap. No construction
shall be undertaken without necessary title or leasehold
interest, especially where private and public ownership
boundaries have changed as a result of natural occurrences
such as accretion, reliction and natural erosion. Restoration and
repair shall be performed using the criteria set forth in Section
373.414(5), F.S. This exemption shall be limited to functioning
seawalls or riprap where there is no exchange of waters
through or around the seawall or riprap of sufficient quantity,
duration or frequency so that the restoration of the seawall or
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quality standards or other criteria listed in Section 373.414,
F.S. This exemption does not constitute an exception from the
permitting requirements of Chapter 161. F.S.
(c) The construction of vertical seawalls in wetlands or
other surface waters, other than in an estuary or lagoon, and the
construction of riprap revetments, where such construction is at
a parcel that is in private, non-commercial use and is between
and adjoins at both ends existing seawalls or riprap, follows a
continuous and uniform construction line with the existing
seawalls or riprap, is no more than 150 feet in length, does not
violate existing water quality standards, impede navigation,
adversely or affect flood control. However, this shall not affect
the permitting requirements of Chapter 161, F.S. Construction
shall be in accordance with Section 373.414(5), F.S.
(5) Transmission and Distribution Lines and Utility Poles.
(a) The installation of subaqueous transmission and
distribution lines laid on, or embedded in, the bottoms of
wetlands or other surface waters, except in Class I and Class II
waters and aquatic preserves, provided that no dredging or
filling is necessary.
(b) The replacement or repair of subaqueous transmission
and distribution lines laid on, or embedded in, the bottoms of
wetlands or other surface waters.
(c) Activities necessary to preserve, restore, repair,
remove, or replace an existing communication or power pole
or line, provided that the work does not involve dredge and fill
activities other than the removal of the existing structure and
the installation of the new structure, and, in the case of a power
pole or line, the activity does not increase the voltage of
existing power lines. An activity does not qualify to use this
exemption if it results in relocation of an existing structure or
facility more than 10 feet in any direction from its original
location, or if it involves that construction of new power or
telephone lines or the repair and replacement of existing
structures that require dredge and fill activities to provide
access to the site.
(d) The installation, removal, and replacement of utility
poles that support telephone or communication cable lines, or
electric distribution lines of 13kV or less, together with the
bases and anchoring devices to support those poles, as
specified below. For the purpose of this exemption, "anchoring
device" shall mean steel guy wires fastened to the ground
without the need for separate dredging, and "base" shall mean a
concrete or steel foundation not exceeding four feet in radius,
used to support a utility pole. This exemption shall be subject
to the following conditions:
1. no more than 15 utility poles may be installed, removed,
or replaced in wetlands;


2. this exemption shall not apply in surface waters other
than wetlands:
3. the temporary disturbance to wetlands shall be limited
to a length of 0.5 miles, an areal extent of 0.5 acre, and a width
of 30 feet to access the site to actually install, remove, or
replace the utility poles, thereafter, maintenance of the utility
right of way in wetlands shall be limited to a cleared corridor
that does not exceed a total width of 15 feet and a total area of
0.25 ac.-
4. this exemption shall not apply in forested wetlands
located within 550 feet from the mean or ordinary high water
line of a named waterbody that is designated as an Outstanding
Florida Water or an Outstanding National Resource Water, or
to activities in any aquatic preserves:
5. there shall be no permanent placement of fill other than
utility poles and anchoring devices:
6. there shall be no dredging or filling of fill pads or access
roads except for temporary mats, which may be used to access
pole installation sites, and all temporary mats shall be removed
within thirty days after the installation, removal or replacement
of the utility poles, associates bases, and anchoring devices:
7. the installation of the utility pole(s) and associated bases
and anchoring devices shall not interfere with navigation or
impede water flow in wetlands:
8. turbidity, sedimentation, and erosion shall be controlled
during and after construction to prevent violations of state
water quality standards due to construction related activities:
9. except for the permitted structures, pre-construction
ground elevations and the contours of all soils that are
disturbed by construction activities, including vehicle ruts in
wetlands, shall be restored within 30 days of completion of the
installation of the utility line or cable, and restored grades shall
be stabilized within 72 hours following completion of
elevation and contour restoration to minimize erosion:
10. vehicle usage in wetlands shall be conducted so as to
minimize tire rutting and erosion impacts:
11. water jets shall not be used except for those which are
a pre-engineered part of the pole, and provided that the water
for the jets is either recirculated on site or is discharged in a
self contained upland disposal site;
12. vehicular access in wetlands shall be limited to
existing roads, trails, rights-of-way or easements, and to other
previously disturbed corridors where they exist: and
13. the permitted shall provide an annual report to the
District which summarizes the activities conducted under this
exemption for the period from January 1 to December 31 of
each year, including: the acreage of temporary impacts in
wetlands resulting from the use of temporary mats and the
clearing of wetland vegetation; the extent of permanent


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impacts to wetlands including the number of poles and
structures in wetlands and the acreage of clearing in wetlands;
the voltage of all electric lines that are installed; the number of
times this exemption is used: the specific location of each line
that is installed (including the county, the section, township,
and range, and the identity of permanent landmarks such as
roads and named wetlands and other surface waters within or
adjacent to the work location), and the number of times and
locations where water lets are used.
(6) Bridges. Driveways and Roadway Crossings.
(a) The replacement or repair of existing open-trestle foot
bridges and vehicular bridges that are 100 feet or less in length
and two lanes or less in width, provided:
1. No more dredging or filling in wetlands or other surface
waters is performed than that necessary to replace or repair
pilings, and
2. The structure to be replaced or repaired is the same
length, the same configuration, and in the same location as the
original bridge.
3. No debris from the original bridge shall be allowed to
remain in wetlands or other surface waters.
(b) The construction or maintenance of culverted
driveway or roadway crossings and bridges of artificial
waterways, provided:
1. this exemption shall apply only to wholly artificial.
non-navigable drainage conveyances:
2. the construction project area shall not exceed one acre.
and the construction shall be for a discrete project that is not
part of a larger plan of development which requires permitting
under Chapters 40E-400. 40E-40. 40E-4. F.A.C.. or this
chapter.
3. the artificial waterway in existing condition shall be not
more than 4 feet deep. measured from the top of bank to the
bottom of the artificial waterway:
4. the person performing the exempt activity shall ensure
that the size and capacity of the culvert(s) will be adequate to
pass normal high water stages of the artificial waterway
without causing adverse impacts to upstream or downstream
property, but the culvert(s) shall not be larger that one 24 inch
diameter pipe, or its equivalent: and in no instance shall the
culvert(s) provide a smaller cross-sectional area or discharge
capacity than any upstream culvert:
5. the elevation of the culvert invert shall be at the
existing bottom grade of the artificial waterway;
6. the length of the driveway or roadway crossing the
waterway shall not exceed 30 feet from top of bank to top of
bank:


7. the top width of the driveway or roadway shall not
exceed 20 feet. the toe to toe width shall not exceed 40 feet.
and side slopes shall be no steeper than 3 feet horizontal to 1
foot vertical:
8. clean fill used for the crossing shall be obtained from an
upland borrow pit or from a dredge site that is in compliance
with all regulatory requirements, either through a permit, an
exemption, or other license by the District or Department:
9. there shall be no additional dredging, filling, or
construction activities within the artificial waterway or project
area. except those directly involved in the construction or
operation and maintenance of the culverted crossing and those
exempted by statute or rule:
10. all temporary fill in construction areas shall be
removed and regraded to original elevations and revegetated;
11. the person performing the exempt activity shall
implement measures for erosion and pollution control using
best management practices, including turbidity curtains or
similar devices and other site specific practices, in strict
adherence to the Florida Department of Transportation's
"Standard Specifications for Road and Bridge Construction."
and Chapter 6 of the Department's "Florida Development
Manual." to prevent violations of state water quality standards.
Temporary erosion controls shall be implemented prior to and
during construction, and permanent erosion control measures
for all exposed soils shall be completed within 7 calendar days

of the most recent construction activity:
12. any spoil material from construction or maintenance
shall be used or disposed of on an upland portion of the
property or shall be transported off site and deposited on a
self-contained upland spoil site that is in compliance with the
permitting requirements of chapters 40E-4 and 40E-40. F.A.C..
as applicable:
13. if dewatering is performed, all temporary fill dikes and
dewatering discharges shall be installed and constructed so that
no upstream flooding or impoundment occurs and to prevent
siltation, erosion or turbid discharges into waters of the State in
violation of state water quality standards. Any temporary
works shall be completely removed, and all areas upstream and
downstream from the crossing shall be restored to grades.
elevations and conditions which existed before the
construction;
14. this exemption shall apply only to a maximum of 2
crossings on a given total land area of property with a
minimum distance of 500 feet between crossings: and


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15. this exemption shall not apply to activities involving
relocation or other alteration of all or part of the artificial
waterway, or construction for other than the proposed culvert
crossing, except as exempted by chapter 373, F.S.. or section
40E-4.051, F.A.C.
'(7) Aids to Navigation The installation of aids to
navigation, including bridge fender piles. "No Wake" and
similar regulatory signs, and buoys associated with such aids,
provided that the devices are marked pursuant to Section
327.40, F.S.
(8) The Use of Rotenone by the Florida Game and Fresh
Water Fish Commission. The use of rotenone, by the Florida
Game and Fresh Water Fish Commission, in conducting tests
related to its responsibility regarding fish management. The
chemical selected shall be used at the strength approved by the
EPA label, or a lesser strength than the EPA approved label
amounts where the lesser strength is sufficient to accomplish
the test. In addition, the chemical shall be used only under the
direct on-site supervision of a staff member of the Florida
Game and Fresh Water Fish Commission.
(9) Construction of Freshwater Fish Attractors.
Construction of freshwater fish attractors by Florida Game and
Fresh Water Fish Commission, U.S. Forest Service, and county
and municipal governments, provided that the material to be
used shall be clean concrete or rock, or brush, or logs, or trees,
and free of soils, preservatives, oil and greases, debris, litter,
putrescible substances, "white goods," asphalt material, tires,
or other pollutants, and shall be firmly anchored to the bottom
of the waterbody rather than indiscriminately dumped. The
size of an individual fish attractor shall not exceed one quarter
of an acre in area.The material shall be placed so that the top of
the fish attractor is at least three (3) feet below the surface of
the water at ordinary low water and shall be outside any posted
navigational channels. No fish attractor material shall be
placed on or in areas vegetated by aquatic vegetation (except
nuisance exotics). The site shall be marked with a buoy or
buoys to ensure that no material is deposited outside of the site.
(10) Installation of Piling Support Structures Associated
With Water Testing or Monitoring Equipment by the
Department and Water Management Districts. Installation of
piling support structures associated with water testing or
monitoring equipment by the Department and Water
Management Districts, provided that flow or navigation are not
impeded.
(11) Agriculture, silviculture, floriculture, and horticulture
as specified in Section 373.406(2) and (3), F.S., provided that:


1. Alteration of the topography of any tract of land for
purposes consistent with the practice of agriculture.
silviculture, floriculture, and horticulture, provided such
alteration may not be for the sole or predominant purpose of
impounding or obstructing surface waters.
2. Construction, operation, or maintenance of any
agricultural closed system. This exemption does not eliminate
the necessity to meet generally accepted engineering practices
for construction, operation, and maintenance of dams, dikes, or
levees.
(12) The performance of activities pursuant to the
provisions of the exemptions set forth in this section does not
relieve the person or persons who are using the exemption or
who are constructing or otherwise implementing the activity
from meeting the permitting or performance requirements of
other District rules.
Specific Authority 373.044, 373.113. 373,171 FS. Law Implemented 373.406,
373.413. 373.416. 403.813(2) FS. History-New 9-3-81, Amended 1-31-82,
3-9-83, Formerly 16K-4.02, Amended 4-20-94, .

40E-4.0515 Exemptions From Specified Review Criteria.
Exemptions from specified review criteria under Chapter
40E-4, 40E-40 and 40E-400, F.A.C., are as follows:
(1) Exemptions for Treatment or Disposal Systems.
(a) Alteration and maintenance of the following shall be
exempt from the provisions in Chapter 40E-4, F.A.C., adopted
to implement subsections 373.414(1) through 373.414(6),
373.414(8). and 373.414(10), F.S.: and subsection 373.414(7),
F.S.. regarding any authority to apply state water quality
standards within any works, impoundments, reservoirs, and
other watercourses described in this subsection and any
authority granted pursuant to section 373.414, F.S. (1991):
1. Works, impoundments, reservoirs, and other
watercourses constructed and operated solely for wastewater
treatment or disposal in accordance with a valid permit
reviewed or issued under sections 17-28.700, 17-302.520 or
Chapters 17-17, 17-600, 17-610, 17-640, 17-650, 17-660.
17-670, 17-671, 17-673, 17-701, F.A.C., or section 403.0885,
F.S.. or rules implementing section 403.0885, F.S., except for
treatment wetlands or receiving wetlands permitted to receive
wastewater pursuant to 17-611. F.A.C.. or section 403.0885,
F.S. or its implementing rules:
2. Works, impoundments, reservoirs, and other
watercourses constructed solely for wastewater treatment or
disposal before a construction permit was required under
chapter 403, F.S., and operated solely for wastewater treatment
or disposal in accordance with a valid permit reviewed or
issued under sections 17-28.700, 17-302.520, or chapters
17-17, 17-600, 17-610, 17-640, 17-650, 17-660, 17-670,
17-671, 17-673. or 17-701, F.A.C.,; or section 403.0885. F.S..


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or rules implementing section 403.0885. F.S.. except for
treatment wetlands or receiving wetlands permitted to receive
wastewater pursuant to Chapter 17-611. F.A.C.. or section
403,0885, F.S. or its implementing rules:
3. Works, impoundments, reservoirs, and other
watercourses of less than 0.5 acres in combined area on a
project-wide basis, constructed and operated solely for
stormwater treatment in accordance with a noticed exemption
under chapter 17-25, F.A.C.. or a valid permit issued under
Chapters 17-25 (excluding Rule 17-25.04(2). 17-330. 40E-4,
F.A.C.. except those permitted as wetland stormwater
treatment systems.
4. Works, impoundments, reservoirs, and other
watercourses of less than 0.5 acres in combined area on a
project-wide basis, constructed and operated solely for
stormwater treatment before a permit being required under
Chapters 17-25. 40E-4. F.A.C.
(b) Alteration and maintenance of the following shall be
exempt from the provisions in chapter 40E-4. F.A.C.. adopted
to implement subsections 373.414(1). 373.414(2)(a).
373.414(8). and 373.414(10), F.S.; and subsections 373.414(3)
through 373.414(6). F.S.: and subsection 373.414(7). FS..
regarding any authority to apply state water quality standards
within any works, impoundments, reservoirs, and other
watercourses described in this subsection and any authority
granted pursuant to 373.414. F.S. (1991). except for authority
to protect threatened and endangered species in isolated
wetlands:
1. Works, impoundments, reservoirs, and other
watercourses of 0.5 acre or greater in combined area on a
project-wide basis, constructed and operated solely for
stormwater treatment in accordance with a noticed exemption
under Chapter 17-25, F.A.C., or a valid permit issued under
Chapters 17-25 (excluding Rule 17-25.042). 17-330. 40E-4.
F.A.C.. except those permitted as wetland stormwater
treatment systems.
2. Works, impoundments, reservoirs, and other
watercourses of 0.5 acres or greater in combined area on a
project-wide basis, constructed and operated solely for
stormwater treatment before a permit was required under
Chapters 17-25. 40E-4. F.A.C.
(c) The exemptions in paragraphs and (a) and (b) above
shall not apply to works, impoundments, reservoirs or other
watercourses that are:
1. currently wetlands which existed before to construction
of the stormwater treatment system and were incorporated in it:
2. being altered through expansion into wetlands or other
surface waters: or


3. wetlands created, enhanced or restored as mitigation for
wetland or surface water impacts under a permit issued by the
Department or the District.
(d) Alterations and maintenance of works, impoundments.
reservoirs and other watercourses exempt under this subsection
shall not be considered in determining whether the wetland
permitting threshold in paragraphs 40E-4.0415 or
40E-40.302(2)(c). F.A.C.. are met or exceeded.
(e) Works, impoundments, reservoirs and other
watercourses exempt under this subsection, other than isolated
wetlands in systems described in paragraph (b) above, shall not
be delineated under Section 373.421, F.S.
(f) This exemption shall not affect the application of state
water quality standards, including those applicable to
Outstanding Florida Waters, at the point of discharge to waters
as defined in subsection 403.031(13), F.S.
(g) As used in this subsection, "solely for" means the
reason for which a work, impoundtnent, reservoir, or other
watercourse is constructed and operated, and such construction
and operation would not have occurred but for the purposes
identified in paragraphs (a) and (b) above. Furthermore, the
phrase does not refer to a work, impoundment, reservoir, or
other watercourse constructed or operated for multiple
purposes. Incidental uses, such as occasional recreational uses.
will not render the exemption inapplicable, so long as the
incidental uses are not part of the original planned purpose of
the work, impoundment, reservoir or other watercourse.
However, for those works, impoundments, reservoirs, or other
watercourses described in subparagraphs (a)3. and (b)l.. use of
the system for flood attenuation, whether originally planned or
unplanned, shall be considered an incidental use so long as the
works, impoundments, reservoirs, and other watercourses are
no more than two acres larger than the minimum area required
to comply with the applicable stormwater treatment
requirements of chapters 17-25. 17-330. 40-4, F.A.C. For the
purposes of this subsection, reuse from a work, impoundment.
reservoir, or other watercourse is part of treatment or disposal.
(2) Surface Waters or Wetlands Created by Mosquito
Control Activities. Construction, alteration, operation.
maintenance, removal, and abandonment of stormwater
management systems, dams, impoundments, reservoirs,
appurtenant works, or works, in, on. or over lands that have
become surface waters or wetlands solely because of mosquito
control activities undertaken as a par of a governmental
mosquito control program, and which lands were neither
surface water or wetlands before such activities, shall be
exempt from the provisions in this Chapter adopted by the


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District to implement subsections 373.414(1) through (6);
373.414(7) regarding any authority granted pursuant to section
373.414, F.S. (1991): 373.414(8) and 373.414(10), F.S.
(3) The performance of activities pursuant to the
provisions of the exemptions set forth in this section does not
relieve the person or persons who are using the exemption or
who are constructing or otherwise implementing the activity
from meeting the permitting or performance requirements of
other District rules.
Specific Authority 373.044. 373.113. 373.171 FS. Law Implemented 373.406.
373.413, 373.416. 403.813(2) FS. History-New

40E-4.054 Modification of Exempt Projects.
(1) In order to modify a projects which has have
previously received a Notice of Exemption from the District,
shell--requit e an environmental resource surfaee-water
management-permit must be obtained, unless the proposed
modification of the surface water management system qualifies
for an exemption pursuant to Rule 40E-4.051, F.A.C.
No Notice General Permit purauant to Chapter 40E 40, F.A.C.
(2) Substantial modifications of previously exempt
projects shall require an environmental resource suefee-water
management permit.
Specific Authority 373.044. 373.113 FS. Law Implemented 373.406, 373.413,
373.416 FS. History-New 3-9-83, Amended 4-20-94,

4GE-4.061 Delegation of Environmental Resource
Permitting to Local Government.
(1) The Governing Board has delegated to certain local
governments the authority to issue environmental resource
permits within specified threshold conditions concerning
activities for which the District is responsible under the
Operating Agreement Concerning Regulation Under Part IV,
Chapter 373, F.S. adopted by reference in Section 40E-4.091,
F.A.C.
(2) Proiects located in Dade, Palm Beach or Collier
Counties which are wholly within uplands, do not impact
wetlands or other surface waters, and which meet the threshold
conditions set forth below shall obtain the required
environmental resource permit from the specified local
government.
(3) Threshold conditions:
(a) within Dade County the project must have less than 40
acres total land area with positive stormwater outfall or less
than 320 acres total land area and less than 160 acres of
impervious area with no positive stormwater outfall,
(b) within Palm Beach County the project must have less
than 40 acres total land area;
(c) within Collier County the project must have less than
40 acres total land area.


Specific Authority 373.044. 373.113 FS. Law Implemented 373.441 FS.
History-New

(Substantial Rewording of Rule 40E-4.091. See Florida
Administrative Code for present text).
40E-4.091 Publications and Interagency Agreements
Incorporated by Reference.
(1) The following documents and interagency agreements
are incorporated by reference into this chapter, Chapters
40E-40 and 40E-400, F.A.C.:
(a) "Basis of Review for Environmental Resource Permit
Applications within the South Florida Water Management
District June, 1994"
(b) 50 Code of Federal Regulations, Section 17.12: and
Sections 39-27.003, 39-27.004, and 39-27.005, F.A.C.
(c) Operating Agreement Concerning Regulation Under
Part IV, Chapter 373, F.S. adopted by reference in Section
40E-4.091, F.A.C.
(d) State water quality standards set forth in Chapters
17-3, 17-4, 17-302. and 17-550, F.A.C.
(e) Chapter 17-321, F.A.C., for the purpose of regulating
the alteration of mangroves associated with other activities
which require an environmental resource permit.
(f) Chapter 17. Part IV, Sections 17-312.310 -
17-312.390, F.A.C., "Additional Criteria for Dredging and
Filling Within Outstanding Florida Waters in Monroe County".
(2) The documents listed in subsection (1) are available
from District Service Centers upon request.
Specific Authority 120.54(8), 373.044, 373.113, 373.171, 373444-373.412
403.&2 FS. Law Implemented 120.54(8), 37:403. 373.413, 373.4135,
-37.414 373.416, 373.421. 373.426 73429 FS. History-New 9-3-81,
Amended 1-31-82,12-1-82, Formerly 16K-4.035(1), Amended 5-1-86,7-1-86,
3-24-87, 4-15-87, 4-21-88, 11-21-89, 1-23-94, 4-20-94,.

(Substantial Rewording of Rule 40E-4.101. See Florida
Administrative Code for present text).
40E-4.101 Content of Permit Applications.
(1) Applications for permits required by this chapter shall
be filed with the District Service Center which will review the
application as set forth in Rule 40E-1.6025, F.A.C. The
application shall contain:
(a) The information required in Subsection 373.413(2),
F.S.
(b) One original and three copies of Joint Water
Management District/Department of Environmental
Protection/U.S. Army Corps of Engineers Environmental
Resource Permit Application Form No. 0971 and four copies
of drawings, calculations, environmental information, and
engineering details sufficient to define the nature, scope, intent
and functioning of the work proposed. This information must


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include at a minimum: flood protection, water quality,
environmental impacts, proposed mitigation, water supply, and
water conservation elements.
(c) Other information that is required to provide
reasonable assurances that the project will satisfy the
conditions for issuance listed in Rules 40E-4.301 and
40E-4.302, F.A.C.
(2) The application must be signed by the owner or the
owner's authorized agent and include documentation of
ownership. Applications signed by agents must contain a letter
of authorization which is signed by the owner. Contractual
buyers of property may apply for a permit, however, a permit
shall only be issued to the record title holder.
(3) Environmental resource permit applications shall be
filed and processed in accordance with Chapters 120 and 373,
F.S., following the procedures set forth in Chapter 40E-1,
F.A.C., and utilizing the forms incorporated by reference into
Rule 40E-1.659, F.A.C.
(4) Applicants are advised that Chapter 471, F.S.. sets
forth certification requirements for engineering activities. In
most cases, surface water management system design plans
must be signed and sealed by a Florida Registered Professional
Engineer. Chapter 471, F.S., also sets forth the exemptions to
certification.
Specific Authority 373.016 373.044, 373.113.373.171 FS. Law Implemented
373.016, 373.117. 373.413, 373.416, 373.426 FS. History-New 9-3-81,
Amended 1-31-82, 12-1-82, Formerly 16K-4.03(2), 16K-4.07(2), 16K-4.09(2).
Amended 7-1-86, 11-21-89, 4-20-94,

40E-4.201 Forms and Instructions.
(1) District forms and instructions have been approved by
the Governing Board and are set forth in Rule 40E-1.659,
F.A.C.
(2) Forms and instructions are available at District Service
Centers upon request.
Specific Authority 120.53(1). 373.044. 373.113. 373.118 FS. Law
Implemented 120.53(1. 373.044. 373.113. 373.116. 373.118. 373.229.
373.413. 373.421 FS. History-New

40E-4.205 Permit Application Processing Fees.
There shall be a non-refundable permit application processing
fee as specified by Rule 40E-1.607, F.A.C.. made payable to
the District at the time a conceptual approval, individual or
general permit application is submitted.
Specific Authority 373.044. 373.109. 373.113, 373.171, 373.421 FS. Law
Implemented 373.109. 373.421 FS. History-New

(Substantial Rewording of Rule 40E-4.301. See Florida
Administrative Code for present text).


40E-4.301 Conditions for Issuance of Permits.
(1) In order to obtain a standard general, individual, or
conceptual approval permit under this chapter or Chapter
40E-40. F.A.C.. an applicant must provide reasonable
assurance that the construction, alteration, operation.
maintenance, removal or abandonment of a surface water
management system:
(a) will not cause adverse water quantity impacts to
receiving waters and adjacent lands;
(b) will not cause adverse flooding to on-site or off-site
property;
(c) will not cause adverse impacts to existing surface water
storage and conveyance capabilities:
(d) will not adversely impact the value of functions
provided to fish and wildlife and listed species by wetlands and
other surface waters;
(e) will not adversely affect the quality of receiving waters
such that the water quality standards set forth in chapters 17-3.
17-4, 17-302, and 17-550. F.A.C., including any
antidegradation provisions of sections 17-4.242 (1)(a) and (b),
17-4.242(2) and (3). and 17-302.300, F.A.C., and any special
standards for Outstanding Florida Waters and Outstanding
National Resource Waters set forth in sections 17-4.242(2) and
(3). F.A.C.. will be violated;
(f) will not cause unacceptable secondary impacts to the
water resources:
(g) will not adversely impact the maintenance of surface or
ground water levels or surface water flows established
pursuant to Chapter 373.042. F.S.;
(h) will not cause adverse impacts to a work of the District
established pursuant to Section 373.086. F.S.:
(i) is capable of being effectively implemented:
(i) will be conducted by an entity with sufficient financial
responsibility to ensure that the activity will be undertaken in
accordance with the terms and conditions of the permit, if
issued: and
(k) will comply with any applicable special basin or
geographic area criteria established in Chapter 40E-41, F.A.C.
(2) If the applicant is unable to meet water quality
standards because existing ambient water quality does not meet
standards, the District shall consider mitigation measure
proposed by the applicant that cause net improvement of the
water quality in the receiving body of water for those
parameters that do not meet standards.
(3) Mangrove alteration which is part of an activity
requiring an environmental resource permit shall be evaluated
pursuant to the criteria of chapter 17-321, F.A.C.. during
review of the environmental resource permit application.


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(4) The District shall take into consideration a permit
applicant's violation of any rules adopted pursuant to sections
403.91 403.929, F.S. (1984 Supp.), as amended, or Part IV.
Chapter 373, F.S., relating to any other project or activity and
efforts taken by the applicant to resolve these violations, when
determining whether the applicant has provided reasonable
assurances that District permitting standards will be met.
(5) The standards and criteria, including the mitigation
provisions, contained in the Basis of Review for
Environmental Resource Permit Applications Within the South
Florida Water Management District June, 1994 adopted by
reference in Rule 40E-4.091, F.A.C., shall apply to the
evaluation of activities required to be permitted by this chapter
in determining whether the reasonable assurances required by
subsection 40E-4.301(1) and section 40E-4.302, F.A.C., have
been provided.
Specific Authority 373.016, 373.044, 373.113; 403.0877 FS. Law
Implemented 373.016, 373.413, 373.416, 373.426 -403.77 FS. History-
New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(2), 16K-4.30,
Amended 7-1-86, 3-24-87, 4-15-87, 7-9-87, 4-21-88, 4-20-94, .

40E-4.302 Additional Conditions for Issuance for
Activities In. On or Over Wetlands or Other Surface Waters.
(1) In addition to the conditions set forth in section
40E-4.301. F.A.C., in order to obtain a standard general,
individual, or conceptual approval permit under this chapter or
chapter 40E-40, F.A.C.. an applicant must provide reasonable
assurance that the construction, alteration, operation,
maintenance, removal, and abandonment of a system:
(a) located in, on, or over wetlands or other surface waters
will not be contrary to the public interest, or if such an activity
significantly degrades or is within an Outstanding Florida
Water, that the activity will be clearly in the public interest, as
determined by balancing the following criteria:
1. Whether the activity will adversely affect the public
health, safety, or welfare or the property of others;
2. Whether the activity will adversely affect the
conservation of fish and wildlife, including endangered or
threatened species, or their habitats:
3. Whether the activity will adversely affect navigation or
the flow of water or cause harmful erosion or shoaling:
4. Whether the activity will adversely affect the fishing or
recreational values or marine productivity in the vicinity of the
activity:
5. Whether the activity will be of a temporary or
permanent nature;
6. Whether the activity will adversely affect or will
enhance significant historical and archaeological resources
under the provisions of Section 267.061. F.S.: and


7. The current condition and relative value of functions
being performed by areas affected by the proposed activity.
(b) Will not cause unacceptable cumulative impacts upon
wetlands and other surface waters.
(c) Located in, adjacent to or in close proximity to Class II
waters or located in Class II waters or Class III waters
classified by the Department as approved, restricted or
conditionally restricted for shellfish harvesting pursuant to
chapter 16R-7, F.A.C.. will comply with the additional criteria
in subsection 4.2.5 of the Basis of Review for Environmental
Resource Permit Applications Within the South Florida Water
Management District June. 1994 adopted by reference in
Section 40E-4.091, F.A.C.
(d) Which constitute vertical seawalls in estuaries or
lagoons, will comply with the additional criteria provided in
subsection 4.2.6 of the Basis of Review for Environmental
Resource Permit Applications Within the South Florida Water
Management District June, 1994 adopted by reference in
Section 40E-4.091, F.A.C.
Specific Authority 373.016. 373.044. 373.113. 373.171. 373.414(9) FS. Law
Implemented 373.016. 373.042, 373.409. 373.413. 373.414. 373.416. 373.426.
380.23 FS. History-New

40E-4.303 Environmental Resource Permit Authorization.
(1) For individual and standard general permits issued
pursuant to Chapters 40E-4 and 40E-40, F.A.C., a completed
permit application shall also constitute an application for
certification of compliance with state water quality standards
where necessary pursuant to Section 401. Public Law 92-500,
33 USC Section 1341. Issuance of the permit shall constitute
certification of compliance with state water quality standards.
(2) For projects located in or seaward of coastal counties.
and which have regulated activities in, on or over wetlands or
other surface waters, as delineated by the methodology ratified
pursuant to Section 373.4211, F.S., a complete application for
an individual or standard general environmental resource
permit shall constitute a request for the State's concurrence that
the project is consistent with the Florida Coastal Zone
Management Program as provided in Section 307 of the
Coastal Zone Management Act and 15 CFR 930, Subpart D.
Issuance of the permit shall constitute such concurrence of
consistency.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.413. 373.416.
373.421 FS. History-New

40E-4.305 Conceptual Approvals.
(1) Conceptual approvals constitute final District action
and are binding to the extent that adequate data has been made
available for review by the applicant during the review process.


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(a) The petitioner's name and signature.
(b) The statute or rule from which the variance is sought.
(c) Facts showing that a variance should be granted for one
of the reasons set forth in section 403.201, F.S.
(d) The time period for which the variance is sought.
including the reasons and facts supporting the time period.
(e) The requirements which the petitioner can meet
including the date or time when the requirements will be met.
(f) The steps or measures the petitioner is taking to meet
the requirement from which the variance is sought. If the
request is pursuant to subsection 40E-4.311(l)(b) above, the
petitioner shall include a schedule when compliance will be
achieved.
(g) The social, economic and environmental impacts on
the applicant, residents of the area and of the state if the
variance is granted.
(h) The social, economic and environmental impacts on
the applicant, residents of the area and of the state if the
variance is denied.
(4) The District shall review the application within a
reasonable period of time after receipt to determine if the
application is complete. If the application is determined to be
incomplete, the applicant shall be afforded an opportunity to
supply additional information before the District evaluates the
merits of the request.
(5) The District shall prepare a notice of intended agency
action regarding the petition for a variance. The District shall
publish this notice one time in the Florida Administrative
Weekly, and one time in a newspaper of general circulation, as
defined in chapter 50. F.S.. in the county in which the property
for which the is variance sought is located.
(6) Variances shall be granted or denied at the discretion of
the Governing Board.
(7) Renewals of variances shall be applied for in the same
manner as the initial variance.
Specific Authority 373.044, 373.109, 373.113. 373.171 FS. Law Implemented
373.109, 403.201 FS. History-New

(Substantial Rewording of Rule 40E-4.321. See Florida
Administrative Code for present text).
40E-4.321 Duration of Permits.
(1) Unless revoked or otherwise modified the duration of
an environmental resource permit issued under this chapter or
Chapter 40E-40. F.A.C. is as follows:
(a) For a conceptual approval, two years from the date of
issuance or the date specified as a condition of the permit.
unless within that period an application for an individual or
standard general permit is filed for any portion of the project. If
an application for an environmental resource permit is filed,


then the conceptual approval remains valid until final action is
taken on the environmental resource permit application. If the
application is granted, then the conceptual approval is valid for'
an additional two years from the date of issuance of the permit.
-Conceptual approvals which have no individual or standard
general environmental resource permit applications filed for a
period of two years shall expire automatically at the end of the
two year period.
(b) For a conceptual approval filed concurrently with a
development of regional impact (DRI) application for
development approval (ADA) and a local government
comprehensive plan amendment, the duration of the conceptual
approval shall be two years from whichever one of the
following occurs at the latest date:
1. the effective date of the local government's
comprehensive plan amendment,
2. the effective date of the local government development
order.
3. the date on which the District issues the conceptual
approval, or
4. the latest date of the resolution of any Chapter 120.57,
F.S.. administrative proceeding or other legal appeals.
(c) For an individual or standard general environmental
resource permit, five years from the date of issuance or such
amount of time as made a condition of the permit.
(d) For a noticed general permit issued pursuant to Chapter
40E-400. F.A.C.. five years from the date the notice of intent to
use the permit is provided to the District.
(2)(a) Unless prescribed by special permit condition,
permits expire automatically according to the time frames
indicated in this rule. If application for extension is made in
writing pursuant to subsection (3). the permit shall remain in
full force and effect until:
1. the Governing Board takes action on an application for
extension of an individual permit, or
2. Staff takes action on an application for extension of a
standard general permit.
(b) Installation of the project outfall structure shall not
constitute a vesting of the permit.
(3) The permit extension shall be issued provided that a
permitted files a written request with the District showing good
cause prior to the expiration of the permit. For the purpose of
this rule, good cause shall mean a set of extenuating
circumstances outside of the control of the permitted. Requests
for extensions, which shall include documentation of the
extenuating circumstances and how they have delayed this
project, will not be accepted more than 180 days prior to the
expiration date.


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(2) A conceptual approval does not authorize construction,
alteration, operation, maintenance, removal or abandonment of
a surface water management system or the establishment and
operation of a mitigation bank.
(3) A permit application submitted pursuant to a
conceptual approval must be consistent with the staff report
and conditions of the conceptual approval. Primary areas for
consistency comparisons include type of land use. percent
imperviousness, allowable discharge, wetland and other
surface water impacts and proposed mitigation, control
elevations, sources of water supply and detention/retention
volumes. To the extent that there is any inconsistency between
the permit and staff report and other information in the
application file, the permit and staff report shall control.
(4) Issuance of a conceptual approval permit pursuant to
Chapter 40E-4, F.A.C., shall not relieve the applicant of any
requirements for obtaining a permit to construct, alter, operate,
maintain, remove or abandon a surface water management
system or establish or operate a mitigation bank, nor shall the
conceptual approval permit applicant be relieved of the
District's informational requirements or the need to meet the
standards of issuance of permits pursuant to Chapters 40E-4 or
40E-40, F.A.C.
(5) An applicant may seek conceptual approval under this
chapter concurrently with a Development of Regional Impact
(DRI) application for development approval (ADA) and a local
government comprehensive plan amendment as allowed by
subsection 380.06(9)(a)l.. F.S. For projects which have filed
an application for a Conceptual Approval concurrently with an
Application for Development Approval (ADA) for a
Development of Regional Impact (DRI), conceptual approval
also means "conceptual agency review" as defined in
subsection 380.06(9)(a)2, F.S.
(6) In the District's evaluation of permit applications, rules
and criteria in effect at the time of the issuance of the
conceptual approval, or at the time of the most recent
modification of the Conceptual Approval, shall apply unless
particular aspects of the project were not previously addressed
in the Conceptual Approval. In such a case. rules and criteria in
effect at the time of the individual or general permit application
is completed shall apply to review of the previously
unaddressed aspects.
(7) Any delineation of the extent of a wetland or other
surface water submitted as part of the permit application,
including supporting documentation, shall not be considered
binding unless a specific condition of this permit or a formal
determination under section 373.421(2), F.S.. provides
otherwise.


(8) For phased projects, the approval process must begin
with an application for a conceptual approval which shall be
the first permit issued for the project. An application for
construction authorization of the first phase(s) may also be
included as a part of the initial application. As the permitted
desires to construct additional phases, new applications shall
be processed as individual or standard general environmental
resource permit applications pursuant to the conceptual
approval. The conceptual approval, individual and standard
general permits shall be modified in accordance with
conditions contained in Chapter 40E-4 and 40E-40, F.A.C.
(9) An individual environmental resource permit
application cannot be used alone to modify a Conceptual
Approval. The intention to modify the conceptual approval
must be explicitly stated or requested. Conceptual approval and
individual environmental resource permits can be modified or
issued concurrently under a single application.
(10) Applications for individual-project phases, where no
conceptual approval has been obtained, shall be considered
only when the phases are totally independent of, or make
sufficient provisions for adjacent lands.
Specific Authority 373.044. 373.113. 373.171. 380.06(9) FS. Law
Implemented 373.413. 373.416. 373.421(2). 380.06(9) FS. History-
New

40E-4.311 Variances.
(1) Upon petition, the Governing Board may grant a
variance from the provisions of Section 373.414, F.S..
subsection 40E-4.301(1)(e) and Rule 40E-4.302, F.A.C., for
the following reasons:
(a) There is no practicable means known or available for
the adequate control of the pollution involved.
(b) Compliance with the particular requirement or
requirements from which a variance is sought will necessitate
the taking of measures which, because of their extent or cost,
must be spread over a considerable period of time. A variance
granted for this reason shall prescribe a timetable for the taking
of the measures required.
(c) To relieve or prevent hardship of a kind other than
those provided for in subsections (a) and (b) above. Variance
and renewals thereof granted under this subsection (1)(c) shall
each be limited to a period of 24 months.
(2) In addition to the demonstration of the existence of one
of the circumstances provided for in subsections (1)(a)-(c)
above, the applicant: must demonstrate that the hardship is
peculiar to the affected property and not self imposed and that
the grant of a variance will be consistent with the general intent
and purpose of this chapter.
(3) A petition for a variance shall contain the following
information:


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Specific Authority 373.044. 373.113 FS. Law Implemented 373.413.
373.416(2) FS. History-New 9-3-81, Amended 12-1-82, Formerly
16K-4.07(4). Amended 4-20-94__

40E-4.361 Conversion from Construction Phase to
Operation Phase.
(1) In order to convert an environmental resource permit
from the construction phase to the operational phase, the
permitted shall submit the following:
(a) a completed and executed Request for Conversion
from Construction to Operation Phase Form #0920:
(b) a completed and executed Construction Completion/
Construction Certification Form #0881, in accordance with
Section 10.0, Basis of Review for Environmental Resource
Permit Applications within South Florida Water Management
District June, 1994: and
(c) documentary evidence of satisfaction of permit
conditions, other than long-term monitoring.
(2) The operation phase of a surface water management
system which was required to be designed by an appropriate
registered professional does not become effective until all of
the following criteria have occurred:
(a) within 30 days after completion of construction of the
system, the permitted shall submit a signed and sealed
certification by an appropriate registered professional
indicating that the system has been constructed and that the
system is ready for inspection by the District:
(b) the registered professional shall certify that:
1. the system has been constructed substantially in
accordance with approved plans and specifications, or,
2. any deviations from the approved plans and
specifications will not prevent the system from functioning in
compliance with the requirements of this rule and section 10.0
of the Basis of Review for Environmental Resource Permit
Applications within South Florida Water Management District
- June, 1994". The registered professional shall note and
explain substantial deviations from the approved plans and
specifications and provide two copies of as-built drawings to
the District: and
(c) as-built drawings shall be the permitted drawings
revised to reflect any changes made during construction. Both
the original and revised specifications must be clearly shown.
The plans must be clearly labeled as "as-built" drawings. All
surveyed dimensions and elevations required shall be certified
by a registered surveyor.
(3) A conversion to the operational phase shall not occur
until a responsible entity meeting the requirements in section
9.0. "Basis of Review for Environmental Resource Permit
Applications within South Florida Water Management District
June, 1994" has been established to operate and maintain


the system. The entity must be provided with sufficient
ownership, legal or equitable interest so that it has control over
all water management facilities authorized by the permit.
(4) Upon the District's confirmation of the submitted
information, the permit shall be converted from the
construction phase to the operation phase. If the operational
entity differs from the initial permitted, the transfer shall be
subject to Rule 40E-1.6107, F.A.C. (the Permit Transfer rule).
Specific Authority 373.044. 373.113 FS. Law Implemented 373.413. 373.416
FS. History-New

40E-4.371Abatement and Abandonment of a System.
(1) Abatement proceedings shall be conducted in
accordance with the provisions of Section 373.433, F.S.
(2) Abandonment proceedings shall be conducted in
accordance with Section 373.426, F.S.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.426,
373.433 FS. History-New

(Substantial Rewording of Rule 40E-4.381. See Florida
Administrative Code for present text).
40E-4.381 General Limiting Conditions.
(1) The following general conditions shall be a part of all
permits issued pursuant to this chapter and chapter 40E-40,
F.A.C.. unless waived or modified by the Governing Board
upon a determination that the conditions are inapplicable to the
activity authorized by the permit.
(a) All activities authorized by this permit shall be
implemented as set forth in the plans, specifications and
performance criteria as approved by this permit. Any deviation
from the permitted activity and the conditions for undertaking
that activity shall constitute a violation of this permit.
(b) This permit or a copy thereof, complete with all
conditions, attachments, exhibits, and modifications shall be
kept at the work site of the permitted activity. The complete
permit shall be available for review at the work site upon
request by the District staff. The permitted shall require the
contractor to review the complete permit prior to
commencement of the activity authorized by this permit.
(c) Activities approved by this permit shall be conducted
in a manner which does not cause violations of state water
quality standards. The permitted shall implement best
management practices for erosion and pollution control to
prevent violation of state water quality standards. Temporary
erosion control shall be implemented prior to and during
construction, and permanent control measures shall be
completed within 7 days of any construction activity. Turbidity
barriers shall be installed and maintained at all locations where
the possibility of transferring suspended solids into the
receiving waterbody exists due to the permitted work.


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Turbidity barriers shall remain in place at all locations until
construction is completed and soils are stabilized and
vegetation has been established. All practices shall be in
accordance with the guidelines and specifications described in
Section 6 of the Florida Land Development Manual: A Guide
to Sound Land and Water Management (DER 1988) unless a
project-specific erosion and sediment control plan is approved
as part of the permit. Thereafter the permitted shall be
responsible for the removal of the barriers. The permitted shall
correct any erosion or shoaling that causes adverse impacts to
the water resources.
(d) The permitted shall notify the District of the
anticipated construction start date within 30 days of the date
that this permit is issued. At least 48 hours prior to
commencement of activity authorized by this permit, the
permitted shall submit to the District a Construction
Commencement Notice Form indicating the actual start date
and the expected completion date.
(e) When the duration of construction exceeds one year,
the permitted shall submit construction status reports to the
District on an annual basis utilizing an Annual Status Report
Form. Status Report Forms shall be submitted during June of
each year.
(f) Within 30 days after completion of construction of the
permitted activity, the permitted shall submit a written
statement of completion and certification by a registered
professional engineer or other appropriate individual as
authorized by law, utilizing the supplied Construction
Completion/Construction Certification Form. The statement of
completion and certification shall be based on on-site
observation of construction or review of as-built drawings for
the purpose of determining if the work was completed in
compliance with permitted plans and specifications. This
submittal shall serve to notify the District that the system is
ready for inspection. Additionally, if deviation from the
approved drawings are discovered during the certification
process, the certification must be accompanied by a copy of the
approved permit drawings with deviations noted. Both the
original and revised specifications must be clearly shown. The
plans must be clearly labeled as "as-built" or "record" drawing.
All surveyed dimensions and elevations shall be certified by a
registered surveyor.
(g) The operation phase of this permit shall not become
effective until the permitted has complied with the
requirements of condition (f) above, the District determines the
system to be in compliance with the permitted plans and
specifications, and the entity approved by the District accepts
responsibility for operation and maintenance of the system.
The permit shall not be transferred to the operation and


maintenance entity approved by the District until the operation
phase of the permit becomes effective. Following inspection
and approval of the permitted system by the District, the
permitted shall initiate transfer of the permit to the responsible
operating entity approved by the District, if different from the
permitted. Until a transfer is approved by the District, the
permitted shall be liable for compliance with the terms of the
permit.
(h) Each phase or independent portion of the permitted
system must be completed in accordance with the permitted
plans and permit conditions prior to the initiation of the
permitted use of site infrastructure located within the area
served by that portion or phase of the system. Each phase or
independent portion of the system must be completed in
accordance with the permitted plans and permit conditions
prior to transfer of responsibility for operation and
maintenance of the phase or portion of the system to a local
government or other responsible entity.
(i) Should any other regulatory agency require changes to
the permitted system, the District shall be notified of the
changes prior to implementation so that a determination can be
made whether a permit modification is required.
(i) This permit does not eliminate the necessity to obtain
any required federal, state, local and special district
authorizations prior to the start of any activity approved by this
permit. This permit does not convey to the permitted or create
in the permitted any property right, or any interest in real
property, nor does it authorize any entrance upon or activities
on property which is not owned or controlled by the permitted,
or convey any rights or privileges other than those specified in
the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C.
(k) The permitted is hereby advised that Section 253.77,
F.S. states that a person may not commence any excavation,
construction, or other activity involving the use of sovereign or
other lands of the state, the title to which is vested in the Board
of Trustees of the Internal Improvement Trust Fund without
obtaining the required lease, license, easement, or other form
of consent authorizing the proposed use. Therefore, the
permitted is responsible for obtaining any necessary
authorizations from the Board of Trustees prior to commencing
activity on sovereignty lands or other state-owned lands.
(1) The permitted must obtain a water use permit prior to
construction dewatering, unless the work qualifies for a general
permit pursuant to subsection 40E-20.302(4). F.A.C.. also
known as the "No Notice" rule.


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(m) The permitted shall hold and save the District
harmless from any and all damages, claims, or liabilities which
may arise by reason of the construction, alteration, operation,
maintenance, removal, abandonment or use of any system
authorized by the permit.
(n) Any delineation of the extent of a wetland or other
surface water submitted as part of the permit application,
including plans or other supporting documentation, shall not be
considered binding unless a specific condition of this permit or
a formal determination under section 373.421(2), F.S.,
provides otherwise.
(o) The permitted shall notify the District in writing within
30 days of any sale, conveyance, or other transfer of ownership
or control of a permitted system or the real property at which
the permitted system is located. All transfers of ownership or
transfers of a permit are subject to the requirements of Rules
40E-1.6105 and 40E-1.6107, F.A.C. The permitted transferring
the permit shall remain liable for corrective actions that may be
required as a result of any violations prior to the sale,
conveyance or other transfer of the system.
(p) Upon reasonable notice to the permitted, District
authorized staff with proper identification shall have
permission to enter, inspect, sample and test the system to
insure conformity with the plans and specifications approved
by the permit.
(q) If historical or archaeological artifacts are discovered
at any time on the project site, the permitted shall immediately
notify the appropriate District Service Center.
(r) The permitted shall immediately notify the District in
writing of any previously submitted information that is later
discovered to be inaccurate.
(2) In addition to those general conditions set forth in
subsection (1), the Governing Board shall impose on any
permit granted under this chapter and chapter 40E-40, F.A.C.,
such reasonable project-specific conditions as are necessary to
assure that the permitted system will not be inconsistent with
the overall objectives of the District and will not be harmful to
the water resources of the District.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.103, 373.116.
373.229. 373.413. 373.416. 373.421. 373.422. 373.426 FS. History-New
9-3-81. Amended 1-31-82. 12-1-82, Formerly 16K-4.07(3), 16K-4.38.
Amended 7-1-86, 4-20-94.__

(Substantial Rewording of Rule 40E-4.455. See Florida
Administrative Code for present text).
40E-4.451 Emergency Authorization.
(1) Authorization to begin construction, alteration.
operation, maintenance, removal or abandonment of a system
prior to obtaining a permit may be applied for, in writing, when
emergcncv conditions iustify. However. no such permission


shall be granted unless an environmental resource permit
application for the proposed activity has been submitted. A
serious set of unforeseen or unforeseeable circumstances must
exist to create an emergency. Mere carelessness or lack of
*planning on the part of the applicant shall not be sufficient
grounds to warrant the granting of emergency authorization.
(2) Upon the District's determination that an emergency
exists within its geographic jurisdiction or any part thereof, the
Executive Director shall issue an emergency order which shall
describe the conditions which are causing the emergency and
the type of corrective action necessary to minimize or abate the
emergency condition.
(a) An emergency exists when immediate action is
necessary to protect the public health, safety or welfare: the
health of animals, fish or aquatic life: the works of the District;
or a public water supply.
(b) The emergency order shall be delivered by service of
process or by personal delivery by an agent of the District to
the person responsible for conducting the corrective actions, or
their agent. Such action shall include appropriate public notice
in accordance with Chapter 50, F.S.
(3) The Executive Director has discretion to grant
emergency authorization pursuant to subsections (1) or (2) of
this rule. The emergency authorization shall be presented to the
Governing Board for concurrence at its next regularly
scheduled meeting. Failure to receive the Governing Board's
concurrence shall automatically invalidate the emergency
authorization.
(4) All emergency authorization orders shall expire upon
the granting or denial of the pending permit application, or as
otherwise specified in the emergency authorization order.
Specific Authority 373.044, 373.113 FS. Law Implemented 120.59(3).
373.119(2) 373.413 FS. History-New 9-3-81, Formerly 16K-4.13,
Amended

(The following document entitled, "Basis of Review for
Environmental Resource Permit Applications within the South
Florida Water Management District June, 1994" and formerly
known as, "Basis of Review for Surface Water Management
Permit Applications within the South Florida Water
Management District March, 1994" is incorporated by
reference in Rules 40E-4.041, 40E-4.042, 40E-4.091,
40E-4.301, 40E-4.302, and 40E-4.361, F.A.C.)
BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE
SURFACE WATER ?MANAGEMENT
PERMIT APPLICATIONS WITHIN
THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
JUNE,-MARC-H 1994


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1.0 Introduction
2.0 Definitions
3.0 General Review Requirements
4.0 Environmental Criteria
5.0 Water Quality Criteria
6.0 Water Quantity Criteria
7.0 Water Management System Design and
Construction Criteria
8.0 Required Design Information and Assumptions
9.0 Operating Entity Requirements
10.0 Surface Water Management System Certification
and Operation
1.0 INTRODUCTION
1.1 Objectives -
Under Part IV of Chapter 373, F.S. Florida
Statutes, and Rules-Chapters 40E-4, and 40E-40.
and 40E-400, F.A.C.. Floria Adr initrative Code.
the District is responsible for the permitting of
construction, alteration, end operation,
maintenance, removal and abandonment of surface
water management systems within its jurisdictional
boundaries. The objective of this document is to
identify the permit review criteria pr-eedure and
information used by the District staff when
reviewing in permit applications. review, when
eitherno moe rtrictiv local criteria or
eon:f:iting information i available. The objective
of the permit application review process is to
insure that the permit authorizes will athorize
activities er-situations-which are not harmful to the
water resources of the District and are not of
inconsistent with water resource objectives of the
District.
1.2 Application Review Process -
The District issues three types of environmental
resource permits: conceptual approvals and
individual permits pursuant to Chapter 40E-4,
F.A.C.. and general permits (standard, no notice or
noticed) pursuant to Chapters 40E-40 and
40E-400, F.A.C. Conceptual and individual
mitigation bank permits are also considered to be a
t frr\ environmental rpmorrcp 1rer'rmit Thf


District has established two types of construction


or operation permits: individual (40E 4) and-
general (40E 0)- A schemeat di-grfam ef the
review r individual permit applicaion i
presented in Appendix and for general permit
notiees in Appendix 5. Although the processes for
these three permits differ administratively, District


sStaff review submitted information in the same
manner, and using the same basic technical
procedures. The primary differences apparent to a
Permittee are the absence of a public notice and
possible public p:.icipation proce s s reu lting
therefrom and the authorizatior to commence
contruction. upon completion of staff reviewv
rather than upon Boad actie.. The general pmt
proc .. s .tablished to c... rate a quicker review
process for some projects (generally less than 40
aeres or public highways), not to allow lower
standardEs to be met. Potential permittees of either
permit type should refer to District rules (40E) e
consult with District Staff when in doubt as to the
specific process applicable. A -ae unable
asumption. is that unusual projects will Feqirfe
individual permits. All Class I and II solid waste
disposal sites (landfills). will require individual


1.2.1


permti for- )erin eri etsire.
Application Form
An AU applicants for an environmental resource
individual or and-general permits for the
construction, alteration, and operation,
maintenance, removal and abandonment of a
surface water management system, including
dredging and filling, permits shall supply all
information identified in Rules 40E-4.101, et
40E-40.112, or 40E-400.211. F.A.C., as applicable
to the specific project. The District welcomes the
submittal of any additional information which the
applicant feels will assist the District with its
review. Engineered systems r required t e-ave


plans and calculations signed and sealed by a
Florida Professional Engineer in accordance with
State law. Since review time is dependent on
information sufficiency, it is to the aApplicant's
benefit to timely submit information to allow
application review to proceed without delays.
District staff are available on request for
non-binding, pre-application meetings to offer
assistance in application preparation.
1.3 Criteria Objectives lexibility-
The criteria contained herein were established are
flexible with the primary goal of meeting being -t
meet District water resource objectives as set forth
in Chapter 373, F.S. Performance criteria are used
where possible. Other methods of meeting overall
objectives and which meet the conditions for
issuance set forth in Rules 40E-4.301 and


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40E-4.302, F.A.C., wY be- consid-ed- and,
depending on the magnitude of impacts, will be
considered addressed by the- sStaff or presented to
the District Governing Board for consideration.
Compliance with the criteria herein constitutes a
presumption that the project proposal is in
conformance with the conditions for issuance set
forth in Rules 40E-4.301 and 40E-4.302, F.A.C.
1.4 Simultaneous Reviews -
A. It is recommended that the aApplicant seek
simultaneous reviews from all federal, state or
local governmental agencies with jurisdiction over
the proposed project. It is also in the best interest
of the aApplicant to contact all interested
erganie~tins and affected persons citizens prior to
submitting a formal environmental resource permit
application. It has been the Dstri-t's exp. -nc
tht-- seh Aedvance communications facilitates the
permitting process. The applicant is encouraged to
submit summaries of meetings and copies of
responses from interested persons partiee-with the
Dist4rie application.
B If Sooetion 380.06, F..r. require a proposed projet
to comply with the Doevlopfnefnt of Regional
Impact review requirements, an Applicant may
choose to request a conceptual agency re iw, as



eefteeently with the DRI Application for
Development Approval. In order to facilitate this
process, the Applicant is encouraged to advios the
District and th appropriate Rginal Pla ning
Council at the DRI pro Appliation See,
^s son the fter as possible, of an intention to
request a conceptual agency review. (See al&s
Section 3.1., herein)
C Issuance of a Surface Water Managemnent Permit
by the District docs not relieve the applicant of the
responsibility of obtaining all necessary federal,
state, local or special district permitso-
authorizations such as dredg and fill permits.
4-5 Compliance with Laws
The permitted is adv-ised that activities discussed
herein may bo subject to other applicable laws sueh
as-
A- Chapters 373, 103 and 253, F.S., and the nules of
the Florida Department ef Enivironmental
Preteetioef


rule3. and ceiteria of the U.S. Arm.y Corps of
Engineer-



S XWetlands on agricultural lands alsoec oeive
protection" under the Swampbusttr pro;i:ions of
the National Food Security Act of 1985 (Public
Law 99 198, Title 12, as amended by Public Law
100 624, Fo d, Agiculur, one. va.o,- :and
Trade Act of 1990).
4-.6 Constrction/Operation Criteria Applicability
The District issues constrution and operation
penritc for proposed surface water management
..ct.iti .-sd -operation P.ermt. ...
systems. The -crtora- he....' -- specifically
designed te apply te proposed activiti .
constructionn and operation pertmlz). Therefore,
om of the criteria may not be applicable to th"
pemitting of existing ystzmn (operation permits).
For ample, tin some c mngyt ay
net meet flood-protection .tcria. Criteria
deviation for existing zystoms will be identified in
staff erts.


(4-7 Iuplemntial egaiation of eRun ,
ThDefin itions. Sdardee Basis of Review for Surface Water
applied to all now projects which do not haoe
compltan agement Permit Applicationsd by a ltther of
completeness under rule 410E 1.603(6) on the
offuthect date Wf the ee u
4-8 Coneeptual Appro-.als
Conceptual Appro.'als issued prior to adoption of
this Basir will or pire if at any two yt
eBankerp with-t neither that creates o operate,

Conceptual Approval will also &xpiro pursuant to
the terns of 40E 4, F.A.C.
2.0 DEFINITIONS
(Substantial Reorganization of Section 2.0,
Definitions. See Basis of Review for Surface Water
Management Permit Applications Within the
South Florida Water Management District -
March, 1994 for present text.)
2.1 "Banker" An entity that creates, operates.
manages, or maintains a Mitigation Bank pursuant
to a Mitigai~ie- ank Permit.


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2.2 "Control device" Element of a discharge
structure which allows the gradual release of water
under controlled conditions. Sometimes referred to
as the bleed-down mechanism, or "bleeder".
2.3 "Control elevation" Tthe lowest elevation at
which water can be released through the control
device.
2.4 "Creation" The establishment of new wetlands
or surface waters by conversion of other land
forms.
2.5 "Department" The Department of
Environmental Protection.
2.6 "Detention" The delay of stormwater runoff
prior to discharge into receiving waters.
2.7 "Detention volume" The volume of open
surface storage behind the discharge structure
between the overflow elevation and control
elevation.
2.8 "Ecological Value"- The value of functions
performed by wetlands and other environmentally
sensitive areas. These functions include providing
habitat for wildlife, corridors for wildlife
movement, food chain support, groundwater
recharge, water storage and flow attenuation, and
water quality enhancement.
2.9 "Elevation" Height in feet above mean sea level
according to National Geodetic Vertical Datum
(NGVD).
2.10 "Enhancement" Improving the ecological value
of wetlands, other surface waters, or uplands that
have been degraded in comparison to their historic
condition.
2.11 "Estuary" A semi enclosed, naturally existing
coastal body of water which has a free connection
with the open sea and within which seawater is
measurably diluted with fresh water derived from
riverine systems.
2.12 "Historic discharge" The peak rate at which
runoff leaves a parcel of land by gravity in an
undisturbed/natural state, or the legally allowable
discharge in effect at the time of permit
application.
2.13 "Impervious" Land surfaces which do not allow,
or minimally allow, the penetration of water,
included as examples are building roofs, normal
concrete and asphalt pavements, and some fine
grained soils such as clays.


2.14



2.15







2.16







2.17



2.18



2.19




2.20





2.21




2.22





2.23






2.24


"Isolated Wetland" Any wetland without a
direct hydrologic connection to a lake, stream,
estuary, or marine water.
"Lagoon" A naturally existing coastal zone
depression which is below mean high water and
which has permanent or ephemeral
communications with the sea, but which is
protected from the sea by some type of naturally
existing barrier.
"Mitigation" An action or series of actions to
offset the adverse impacts that would otherwise
cause a regulated activity to fail to meet the criteria
set forth in sections 4.2 and 4.2.8.2. Mitigation
usually consists of restoration, enhancement.
creation, preservation, or a combination thereof.
"Mitigation Bank" A project undertaken to
provide for the withdrawal of mitigation credits to
offset adverse impacts.
"Mitigation Bank Permit" A permit issued to a
banker to construct, operate, manage and maintain
a Mitigation Bank.
"Mitigation Credit" A unit of measure which
represents the increase in ecological value
resulting from restoration, enhancement,
preservation, or creation activities.
"Mitigation Service Area" The geographic area
within which Mitigation Credits from a Mitigation
Bank may be used to offset adverse impacts of
activities regulated under Part IV of Chapter 373,
F.S.
"Other Surface Waters" Means surface waters
as described and delineated pursuant to Section
17-340.600, F.A.C.. as ratified by Section
373.4211, F.S., other than wetlands.
"Overflow elevation" design elevation of a
discharge structure at which, or below which,
water is contained behind the structure, except for
that which leaks out, or bleeds out, through a
control device down to the control elevation.
"Preservation" The protection of wetlands,
other surface waters or uplands from adverse
impacts by placing a conservation easement or
other comparable land use restriction over the
property or by donation of fee simple interest in the
property.
"Regional Watershed" As used in subsection
4.4. a regional watershed means a watershed as
delineated in Figure 4.4-1.


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2.25





2.26




2.27





2.28





2.29



2.30



2.31














2.32


"Regulated activity" The construction,
alteration, operation, maintenance, abandonment
or removal of a surface water management system.
including dredging and filling, regulated pursuant
to Part IV, Chapter 373, F.S.
"Restoration" Converting back to a historic
condition those wetlands, surface waters, or
uplands which currently exist as a land form which
differs from the historic condition.
"Retention" The prevention of stormwater
runoff from direct discharge into receiving waters;
included as examples are systems which discharge
through percolation, exfiltration, filtered
bleed-down and evapotranspiration processes.
"Retention/detention area (dry)" water storage
area with bottom elevation at least one foot above
the control elevation of the area. Sumps, mosquito
control swales and other minor features may be at a
lower elevation.
"Retention/detention area (wet)" A water
storage area with bottom elevation lower than one
foot above the control elevation of the area.
"Seawall" A manmade wall or encroachment,
except riprap, which is made to break the force of
waves and to protect the shore from erosion.
"Staff Report" A written report prepared by
District Staff advising the Governing Board of its
conclusions and recommendations based on review
of an application. The description of the project in
the staff report shall take precedence over
application data contained in District permit files,
since numerous project changes are often made by
applicants during application processing, the
results of which may only be reflected in the staff
report. Staff reports may be prepared for General
Permits. In addition, staff reports serve as notice of
proposed agency action.
"Surface Water Management System" of "System"
- A stormwater management system, dam,
impoundment, reservoir, appurtenant work or
works, or any combination thereof. The terms
"surface water management system" of "system"
include dredged or filled areas.


3.2


2.33

2.34


































3.0
3.1
No change


Water and Wastewater Service -
A. Potable water, irrigation and wastewater facilities
must be identified. An The aApplicant for an
environmental resource SurfEae-- Water
Management pPermit must provide information on
how these services are to be provided. If
wastewater disposal is accomplished on-site,
additional information shall will be requested
regarding separation of waste and surface water
management storm systems.


3AXO Section 1I Proposed Rules


"Water management areas" Areas to be utilized
for the conveyance or storage of storm water.
"Wetlands" Those areas that are inundated or
saturated by surface water or ground water at a
frequency and a duration sufficient to support, and
under normal circumstances do support, a
prevalence of vegetation typically adapted for life
in saturated soils. Soils present in wetlands
generally are classified as hvdric or alluvial, or
possess characteristics that are associated with
reducing soil conditions. The prevalent vegetation
in wetlands generally consists of facultative or
obligate hydrophytic macrophytes that are
typically adapted to areas having soil conditions
described above. These species, due to
morphological, physiological, or reproductive
adaptation, have the 'ability to grow, reproduce, or
persist in aquatic environments or anaerobic soil
conditions. Florida wetlands generally include
swamps, marshes, bayheads, bogs, cypress domes
and strands, sloughs, wet prairies, riverine swamps
and marshes, hvdric seepage slopes, tidal marshes,
mangrove swamps and other similar areas. Florida
wetlands generally do not include longleaf or slash
pine flatwoods with an understory dominated by
saw palmetto. The landward extent of wetlands
shall be delineated pursuant to Sections
17-340.100 through 17-340.550, F.A.C., as ratified
by Section 373.4211, F.S.
GENERAL REVIEW REQUIREMENTS
Development of Regional Impact -


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B. For environmental resource enstrutie. n-and
operation permits, if on-site consumptive water use
withdrawals are also proposed for which a District
water use permit is required, the environmental
resource surface water managem.ent and water use
permits must be processed simultaneously. Fer
Conceptual Approvals, more general water usa
information shall be required where- th-e w-ater uo
withdrawal dees net affect surface water
management fcilities. These requirements are
dependent upon site specific water resource
limitations. It is recommended that the applicant
contact the District staff prior to filing an
application to determine whether the proposed
project necessitates simultaneous environmental
resource s',face water management and water use
permitting.
3.3 Phased Projects -
A; Projects which are to be developed in phases will
require the submission of a master plan of the
aApplicant's contiguous land holdings. The
primary interest of the District is to insure
continuity between phases, satisfactory
completeness of individual phases should the
project be incomplete as planned, and preservation
of adjacent property owners' rights. This includes
adjacent property owners created by the sale of
incomplete phases. See Rule 40E-4.305 for further
information regarding conceptual approval
permits.
B. For phased pro"jets, the approval process .must
begin with an application f-r a Conceptual
Approvanl which shall be the frint permit issued for
the proojet. An Application for- construction
authorization of the first phasc(s) may als be
included as a part of the initial application. As the
Permittee desires to construct additional phases,
new applications will be processed as conrstruction
and operation applications pursuant te the
Cone.ptual Appr... T:^e C--.eptual Approval.
and construction and operation permits can be
modified in accordance with conditions contained
in Chapter- 4: and 40E 40, F.A.C. A


3.4
No change.
4.0
4.1


4.1.1


Appro'.al and o.nstruCtio ...and operation petn.
can be modafd :or isued concurrently undi
single appliation.
Applications for individual project phases. where
no Conceptual Approval has beeoon btained, shall
be considered only when the phases are totIl'.
independent of, or make sufficient provisions f,

Pre-Applications Meetings -


ENVIRONMENTAL CRITERIA
Wetlands and other Surface Waters -
Wetlands are important components of the water
resource because they often serve as spawning,
nursery and feeding habitats for many species of
fish and wildlife, and because they often provide
important flood storage, nutrient cycling, detrital
production, recreational and water quality
functions. Other surface waters such as lakes,
ponds, reservoirs, other impoundments, streams.
rivers and estuaries also often provide such
functions, and in addition may provide floyod
conveyance, navigation and water supply functions
to the public. Not all wetlands or other surface
waters provide all of these functions, nor do there
provide them to the same extent. A wide array o:
biological, physical and chemical factors affect the
functioning of any wetland or other surface water
community. Maintenance of water quality
standards in applicable wetlands and other surface
waters is critical to their ability to provide many o;
these functions. Unless exempted by statute or
rule, permits are required for the construction,
alteration, operation, maintenance, abandonment
and removal of systems so that the District can
conserve the beneficial functions of these
communities. The term "systems" includes
dredged or filled areas. When used in section 4.G of
the Basis of Review, "wetlands and other surface
waters" means those areas as delineated pursuant
to the methodology in Chapter 17-340, F.A.C. as
ratified in section 373.4211, F.S.
Environmental Conditions for Issuance
The District addresses the conservation of these
beneficial functions in the permitting process bv
requiring applicants to provide reasonable
assurances that the following conditions !',r
issuance of permits, set forth in Sections
40E-4.301 (Conditions for Issuance) an,


Section I Proposed Rules ?.1 1


rnstrucatIon ana operation appltcaiorn cannot DC
used done to modify a Conceptual Approval. The
intention to mnodify the Conceptual Approval must
be .eyplieitly stated o- requested. Conceptual


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40E-4.302 (Additional Conditions for Issuance),
F.A.C., are met. Applicants must provide
reasonable assurance that:
(a) a regulated activity will not adversely impact the
value of functions provided to fish and wildlife and
listed species by wetlands and other surface waters
(paragraph 40E-4.301(1)(d). F.A.C.)(see
subsection 4.2.2):
() a regulated activity located in, on, or over wetlands
or other surface waters, will not be contrary to the
public interest, or if such an activity significantly
degrades or is located within an Outstanding
Florida Water, that the regulated activity will be
clearly in the public interest (paragraph
40E-4.302(1)(a), F.A.C.) (see subsection 4.2.3);
(c) a regulated activity will not adversely affect the
quality of receiving waters such that the water
quality standards set forth in chapters 17-3, 17-4,
17-302, and 17-550, F.A.C., including any
antidegradation provisions of sections
17-4.242(1)(a) and (b). 17-4.242(2) and (3). and
17-302.300 and any special standards for
Outstanding Florida Waters and Outstanding
National Resource Waters set forth in sections
17-4.242(2) and (3), F.A.C., will be violated
(paragraph 40E-4.301(1)(e), F.A.C.).
(d1 a regulated activity located in, adjacent to or in
close proximity to Class II waters or located in
waters classified by the Department as approved,
restricted, or conditionally restricted for shellfish
harvesting pursuant to chapter 16R-7. F.A.C., will
comply with the additional criteria in subsection
4.2.5 of the Basis of Review (paragraph
40E-4.302(l)(c), F.A.C.:
(e) the construction of vertical seawalls in estuaries
and lagoons will comply with the additional
criteria in subsection 4.2.6 of the Basis of Review:
(paragraph 40E-4.302(1)(d), F.A.C.)
fl a regulated activity will not cause unacceptable
secondary impacts to the water resources
(paragraph 40E-4.301(l)(f), F.A.C.) (see
subsection 4.2.7);
(g) a regulated activity will not cause unacceptable
cumulative impacts upon wetlands and other
surface waters (paragraph 40E-4.302(1)(b),
F.A.C.) (see subsection 4.2.8);
44 Proeesg for Determining En-viro-n.menta Impacts


A11 Surface Water Manaement ppi
be reviewed by the Staff for puItpoase of ad..aing
the Distriet Governing Board as to anticipated
impacts of the proposed work on (a) the water
resource :of the District and (b) natural upland
systems-
4.2 Environmental Review Criteria -
Compliance with the conditions for issuance in
subsection 4.1.1 will be determined through
compliance with the criteria explained in
subsections 4.2 4.3.8 of this Basis of Review.
4.2.1 Elimination or Reduction of Impacts
The degree of impact to wetland and other surface
water functions caused by a proposed system,
whether the impact to these functions can be
mitigated and. the practicability of design
modifications for the site, as well as alignment
alternatives for a proposed linear system, which
could eliminate or reduce impacts to these
functions, are all factors in determining whether an
application will be approved by the District. These
adverse impacts must be eliminated or reduced by
modifying the project, if practicable. Any
remaining adverse impacts may be offset by
mitigation as described in subsections 4.3-4.3.8.
An applicant may propose mitigation, or the
District may suggest mitigation, to offset the
adverse impacts caused by regulated activities as
identified in sections 4.2-4.2.8.2. To receive
District approval, a system can not cause a net
adverse impact on wetland functions and other
surface water functions which is not offset by
mitigation.
Prior to approval of any mitigation proposals, the
District will explore design modifications for the
proposed site, as well as alignment alternatives for
a linear system, that would eliminate or reduce the
adverse impacts to wetland functions and other
surface water functions, and will suggest any such
modifications to the applicant either in addition to
or in lieu of mitigation. The applicant shall
consider the District's proposed modifications to
the system to reduce or eliminate adverse impacts
to wetland or other surface water functions
regardless of whether a mitigation proposal has
been submitted. The applicant shall respond to the
District in writing as to whether the identified
modifications to the proposed system are
practicable and whether the applicant will make


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the identified modifications. If an applicant is
responding that the District proposed
modifications are not practicable, the written
response must provide an explanation and
supporting documentation. Alternatively, the
applicant may respond by proposing other
modifications which achieve a comparable
reduction of adverse impacts to wetland and other
surface water functions. The applicant shall
describe how its proposed alternative modification
reduces or eliminates the adverse impacts.
If the District determines that an applicant's
proposed system can be modified in a practicable
manner that would eliminate or reduce adverse
impacts to wetland functions and other surface
water functions, and if the applicant refuses to
modify the system accordingly, mitigation shall
not be approved. If the applicant modifies the
system accordingly or the identified modifications
are not practicable, the District will accept
mitigation proposed by the applicant if the
mitigation offsets the adverse impacts of the
system as required by subsections 4.3 through
4.3.8.
The term "modification" shall not be construed as
including the alternative of not implementing the
system in some form, nor shall it be construed as
requiring a project that is significantly different in
type or function. A proposed modification which is
not economically viable or which adversely affects
public safety through the endangerment of lives or
property is not considered "practicable". A
proposed modification need not remove all
economic value of the property in order to be
considered not "practicable". Conversely, a
modification need not provide the highest and best
use of the property to be "practicable".
Should such mutual consideration of modification
and mitigation not result in a permittable system,
the District must deny the application. Nothing
herein shall imply that the District may not deny an
application for a permit as submitted or modified,
if it fails to meet the conditions for issuance, or that
mitigation must be accepted by the District.
4.2.2 Fish, Wildlife, Listed Species and their Habitats


Pursuant to paragraph 4.1.1(a), an applicant must
provide reasonable assurances that a regulated
activity will not impact the values of wetland and
other surface water functions so as to cause
adverse impacts to:
(a) the abundance and diversity of fish, wildlife and
listed species: and
(b) the habitat of fish, wildlife and listed species. As
part of the assessment of the impacts of regulated
activities upon fish and wildlife, the District will
provide a copy of all applications for standard
general, individual, and conceptual approval
permits which propose regulated activities in, on or
over wetlands or other surface waters to the Florida
Game and Fresh Water Fish Commission for
review and comment. In addition, the District staff
may solicit comments from the Florida Game and
Fresh Water Fish Commission regarding other
applications to assist in the assessment of potential
impacts to wildlife and their habitats, particularly
with regard to listed wildlife species. Where
proposed activities have a potential to impact listed
marine species, the District will provide a copy of
the above-referenced types of applications to the
Department of Environmental Protection.
Although wildlife surveys are generally not
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 4.2.2 4.2.2.3
and subsection 4.2.7 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.
4.2.2.1 Compliance with subsections 4.2.2 4.2.3.7,
4.2.5 4.3.8 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.


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4.2.2.2 Alterations in livestock watering ponds that were
constructed in uplands and which are less than one
acre in area and alterations in drainage ditches that
were constructed in uplands will not be required to
comply with the provisions of subsections 4.2.2 -
4.2.2.3, 4.2.2.5 4.2.3.7, 4.2.5 4.3.8 unless
those ponds or ditches provide significant habitat
for threatened or endangered species. This means
that, except in cases where those ponds or ditches
provide significant habitat for threatened or
endangered species, the only environmental
criteria that will apply to those ponds or ditches are
those included in subsections 4.2.4 4.2.4.5 and
4.2.2.4. This provision shall only apply to those
ponds and ditches which were constructed before a
permit was required under Part IV, Chapter 373.
F.S. or were constructed pursuant to a permit under
Part IV, Chapter 373. F.S. This provision does not
apply to ditches constructed to divert natural
stream flow.
4.2.2.3 The assessment of impacts expected as a result of
proposed activities on the values of functions will
be based on a review of pertinent scientific
literature, ecologic and hydrologic information.
and field inspection. When assessing the value of
functions that any wetland or other surface water
provides to fish, wildlife, and listed species, the
factors which the District will consider include:
(a) condition this factor addresses whether the
wetland or other surface water is in a high quality
state or has been the subject of past alterations in
hydrology, water quality, or vegetative
composition. However, areas impacted by
activities in violation of Chapter 373, F.S.. or a
District rule, order, or permit will be evaluated as if
the activity had not occurred.
b. hydrologic connection this factor addresses the
nature and decree of off-site connection which
may provide benefits to off-site water resources
through detrital export, base flow maintenance,
water quality enhancement or the provision of
nursery habitat.
(c) uniqueness this factor addresses the relative
rarity of the wetland or other surface water and its
floral and faunal components in relation to the
surrounding regional landscape.


(d) landscape setting this factor addresses the
location of the wetland or other surface water in
relation to urban, agricultural or other types of
development or significant native habitat.
(e) fish and wildlife utilization this factor addresses
use of the wetland or other surface water for
resting, feeding or breeding by fish and wildlife,
particularly those which are listed species.
4.2.2.4 Water Ouantity Impacts to Wetlands and Other
Surface Waters
Pursuant to paragraph 4.1.1(a), an applicant must
provide reasonable assurance that the regulated
activity will not change the hydro period of a
wetland or other surface water, so as to adversely
affect wetland functions or other surface water
functions as follows:
(a) Whenever portions of a system could have the
effect of lowering water levels in a wetland or
other surface water, the applicant must perform an
analysis of the drawdown in water levels or
diversion of water flows resulting from such
activities and provide reasonable assurance that
these drawdowns or diversions will not adversely
impact the functions that wetlands and other
surface waters provide to fish and wildlife and
listed species. Portions of a proposed system such
as constructed basins, structures, stormwater
ponds, canals and ditches which have the potential
to drain or divert water from wetlands or other
surface waters will be considered to adversely
lower water levels in wetlands or other surface
waters if these portions of the system are located
within 200 feet from the landward edge of the
wetlands or other surface waters at any point,
unless the applicant provides soil or other data that
shows that the hydro period of the wetland or other
surface water would not be adversely affected.
(b) Increasing the depth, duration, or frequency of
inundation through changing the rate or method of
discharge of water to wetlands or other surface
waters or by impounding water in wetlands or
other surface waters must also be addressed to
prevent adverse effects to functions that wetlands
and other surface waters provide to fish and
wildlife and listed species. Different types of
wetlands respond differently to increased depth,
duration. or frequency of inundation. Therefore,
the applicant must provide reasonable assurance
that activities that have the potential to increase


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discharge or water levels will not adversely affect
the functioning of the specific wetland or other
surface water subject to the increased discharge or
water level.
(c) Whenever portions of a system could have the
effect of altering water levels in wetlands or other
surface waters, applicants shall be required to
monitor the wetland or other surface waters to
demonstrate that such alteration has not resulted in
adverse impacts, or to calibrate the system to
prevent adverse impacts. Monitoring parameters,
methods, schedules, and reporting requirements
shall be specified in permit conditions.
4.2.3 Public Interest Test
In determining whether a regulated activity located
in, on, or over surface waters or wetlands is not
contrary to the public interest or is clearly in the
public interest, the District shall consider and
balance, and an applicant must address, the
following criteria:
(a) Whether the regulated activity will adversely affect
the public health, safety, or welfare or the property
of others (40E-4.302(l)(a)l.. F.A.C.);
(b) Whether the regulated activity will adversely affect
the conservation of fish and wildlife, including
endangered or threatened species, or their habitats
(40E-4.302(l)(a)2., F.A.C.):
(c) Whether the regulated activity will adversely affect
navigation or the flow of water or cause harmful
erosion or shoaling (40E-4.302(1)(a)3., F.A.C.):
(d} Whether the regulated activity will adversely affect
the fishing or recreational values or marine
productivity in the vicinity of the activity
(40E-4.302(l)(a)4.. F.A.C.):
(e) Whether the regulated activity will be of a
temporary or permanent nature (40E-4.302(a)5..
EA.C.):
(f Whether the regulated activity will adversely affect
or will enhance significant historical and
archaeological resources under the provisions of
section 267.061, F.S. (40E-4.302(1)(a)6., F.A.C.):
and
g The current condition and relative value of
functions being performed by areas affected by the
proposed regulated activity (40E-4.302(l)(a)7..
F.A.C.).
4.2.3.1 Public health, safety, or welfare or the property of
others


In reviewing and balancing the criterion regarding
public health, safety, welfare and the property of
others in paragraph 4.2.3(a),the District will
evaluate, whether the regulated activity located in,
on, or over wetlands or other surface waters will
cause:
(a) an environmental hazard to public health or safety
or improvement to public health or safety with
respect to environmental issues. Each applicant
must identify potential environmental public health
or safety issues resulting from their project.
Examples of these type of issues may include
mosquito control, proper disposal of solid,
hazardous, domestic or industrial waste, aids to
navigation, hurricane preparedness or cleanup,
environmental remediation. enhancement or
restoration and similar environmentally related
issues. For example, the installation of
navigational aids may improve public safety and
may reduce impacts to public resources.
(b1) impacts to areas classified by the Department as
approved, conditionally approved, restricted or
conditionally restricted for shellfish harvesting.
Activities which would cause closure or a more
restrictive classification or management plan for a
shellfish harvesting area would result in a negative
factor in the public interest balance with respect to
this criterion.
(c) flooding or alleviate existing flooding on the
property of others. There is at least a neutral factor
in the public interest balance with respect to the
potential for causing or alleviating flooding
problems if the applicant meets the water quantity
criteria in section six of this Basis of Review.
(d) environmental impacts to the property of others.
For example, the discharge of nutrient laden water
which results in the proliferation of nuisance
vegetation on an adjacent property would be an
environmental impact to the property of others.
The District will not consider impacts to property
values.
4.2.3.2 Fish and Wildlife and their Habitats
The District's public interest review of that portion
of a proposed system in, on, or over wetlands and
other surface waters for impacts to "the
conservation of fish and wildlife, including
endangered or threatened species, or their habitats"
is encompassed within the required review of the
entire system under subsection 4.2.2. An applicant


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must always provide the reasonable assurances
required under subsection 4.2.2: consequently, the
public interest in paragraph 4.2.3(b) must always
be a positive or neutral factor in the public interest
balance, or whenever it is a negative factor, the
adverse impact must be offset through mitigation.
4.2.3.3 Navigation. Water Flow, Erosion and Shoaling
In reviewing and balancing the criterion on
navigation, erosion and shoaling in pargraaph
4.2.3(c), the District will evaluate whether the
regulated activity located in, on or over wetlands
or other surface waters will:
(a) significantly impede navigability or enhance
navigability. The District will consider the current
navigational uses of the surface waters and will not
speculate on uses which may occur in the future.
Applicants proposing to construct bridges or other
traversing works must address adequate horizontal
and vertical clearance for the type of watercraft
currently navigating the surface waters. Applicants
proposing to construct docks, piers and other
works which extend into surface waters must
address the continued navigability of these waters.
An encroachment into a marked or customarily
used navigation channel is an example of a
significant impediment to navigability. Applicants
proposing temporary activities in navigable surface
waters, such as the mooring of construction barges,
must address measures for clearly marking the
work as a hazard to navigation, including night
time lighting. The addition of navigational aids
may be beneficial to navigation. The submittal of a
U.S. Coast Guard permit issued pursuant to 14
U.S.C. Section 81 (1993), 33 C.F.R. Section 62
(1993) for a regulated activity in, on or over
wetlands or other surface waters will assist the
applicant in addressing this criterion.
(b) cause or alleviate harmful erosion or shoaling.
Applicants proposing activities such as channel
relocation, artificial reefs, construction of jetties,
breakwaters, groins, bulkheads and beach
renourishment must address existing and expected
erosion or shoaling in the proposed design.
Compliance with erosion control best management
practices referenced in the Florida Development
Manual: A Guide to Sound Land and Water
Management (1988) will be an important
consideration in addressing this criterion. Each
permit will have a general condition which


requires applicants to utilize appropriate erosion
control practices and to correct any adverse erosion
or shoaling resulting from the regulated activities.
(c) significantly impact or enhance water flow.
Applicants must address significant obstructions to
sheet flow by assessing the need for structures
which minimize the obstruction such as culverts or
spreader swales in fill areas. Compliance with the
water quantity criteria found in subsection 4.2.2.4
shall be an important consideration in addressing
this criterion.
4.2.3.4 Fisheries, Recreation. Marine Productivity
In reviewing and balancing the criterion regarding
fishing or recreational values and marine
productivity in paragraph 4.2.3(d), the District will
evaluate whether the regulated activity in, on, or
over wetlands or other surface waters will cause:
(a) adverse effects to sport or commercial fisheries or
marine productivity. Examples of activities which
may adversely affect fisheries or marine
productivity are the elimination or degradation of
fish nursery habitat, and change in ambient water
temperature, change in normal salinity regime,
reduction in detrital export, change in nutrient
levels or other adverse affects on populations of
native aquatic organisms.
(b) adverse effects or improvements to existing
recreational uses of a wetland or other surface
water. Wetlands and other surface waters may
provide recreational uses such as boating, fishing,
swimming, skiing, hunting and bird watching. An
example of potential adverse effects to recreational
uses is the construction of a traversing work, such
as a road crossing a waterway, which could impact
the current use of the waterway for water skiing
and boating.
4.2.3.5 Temporary or Permanent Nature
When evaluating the other criteria in subsection
4.2.3, the District will consider whether the
impacts are of a temporary or permanent nature.
Temporary impacts will be considered less harmful
than permanent impacts of the same nature and
extent. The impacts will not be considered
temporary in nature if they are to occur on a
regular basis.
4.2.3.6 Historical and Archaeological Resources
In reviewing and balancing the criterion regarding
historical and archaeological resources in
paragraph 4.2.3(f), the District will evaluate


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whether the regulated activity located in, on, or
over wetlands or other surface waters will impact
significant historical or archaeological resources.
The applicant must map the location of and
characterize the significance of any known
historical or archaeological resources that may be
affected by a regulated activity located in, on or
over wetlands or other surface waters. The District
will provide copies of all conceptual, individual
and standard general permit applications to the
Division of Historical Resources of the
Department of State and solicit their comments
regarding whether the regulated activity may
adversely affect significant historical or
archaeological resources. If significant historical
or archaeological resources are likely to be found
on the site and impacted by the regulated activity,
the applicant will be required to perform an
archaeological survey and to develop and
implement a plan approved by the District to
protect the significant historical or archaeological
resources.
4.2.3.7 Current Condition and Relative Value of Functions
When evaluating other criteria in subsection 4.2.3,
the District will consider the current condition and
relative value of the functions performed by
wetlands and other surface waters affected by the
proposed regulated activity. Wetlands and other
surface waters which have had their hydrology,
water quality or vegetative composition
permanently impacted due to past legal alterations
or occurrences such as infestation with exotic
species, usually provide lower habitat value to fish
and wildlife. However, if the wetland or other
surface water is currently degraded, but is still
providing some beneficial functions,
consideration will be given to whether the
regulated activity will further reduce or eliminate
those functions. Consideration will be given to the
significance of wetlands and other surface waters
which will be impacted to local and regional
landscape patterns, including relative abundance of
similar habitat and biota. The District will also
evaluate the predicted ability of the wetlands or
other surface waters to maintain their current
functions as part of the proposed system once it is
developed. Where previous impacts to a wetland or
other surface water are temporary in nature,
consideration will be given to the inherent
functions of these areas relative to seasonal


hydrologic changes, and expected vegetative
regeneration and projected habitat functions if the
use of the subject property were to remain
unchanged. When evaluating impacts to mitigation
sites which have not reached success pursuant to
subsection 4.3.6, the District shall consider the
functions that the mitigation site was intended to
offset, and any additional delay or reduction in
offsetting those functions that may be caused by
impacting the mitigation site. Previous
construction or alteration undertaken in violation
of Chapter 373, F.S., or District rule, order or
permit will not be considered as having diminished
the condition and relative value of a wetland or
other surface water.
4.2.4 Water quality
Pursuant to paragraph 4.1.1(c), an applicant must
provide reasonable assurance that the regulated
activity will not violate water quality standards in
areas where water quality standards apply.
Reasonable assurances regarding water quality
must be provided both for the short term and the
long term, addressing the proposed construction,
alteration, operation, maintenance, removal and
abandonment of the system. The following
requirements are in addition to the water quality
requirements found in section five of this Basis of
Review.
4.2.4.1 Short Term Water Quality Considerations
The applicant must address the short term water
quality impacts of a proposed system, including:
(a) providing turbidity barriers or similar devices for
the duration of dewatering and other construction
activities in or adjacent to wetlands or other
surface waters.
(b) stabilizing newly created slopes or surfaces in or
adjacent to wetlands and other surface waters to
prevent erosion and turbidity.
(c) providing proper construction access for barges,
boats and equipment to ensure that propeller
dredging and rutting from vehicular traffic does
not occur.
(d) maintaining construction equipment to ensure
that oils, greases, gasoline, or other pollutants are
not released into wetlands or other surface
waters.
(e) controlling the discharge from spoil disposal
sites.


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(f) preventing any other discharge or release of
pollutants during construction or alteration that
will cause water quality standards to be violated.
4.2.4.2 Long Term Water Quality Considerations
The applicant must address the long term water
quality impacts of a proposed system, including:
(a) the potential of a constructed or altered water
body to violate water quality standards due to its
depth or configuration. For example, the depth of
water bodies must be designed to insure proper
mixing so that the water quality standard for
dissolved oxygen will not be violated in the lower
levels of the water body, but should not be so
shallow that the bottom sediments are frequently
resuspended by boat activity. Water bodies must
be configured to prevent the creation of debris
traps or stagnant areas which would be expected
to result in violations of water quality standards.
(b) long term erosion, siltation or propeller dredging
that will cause turbidity violations.
(c) prevention of any discharge or release of
pollutants from the system that will cause water
quality standards to be violated.
4.2.4.3 Additional Water Quality Considerations for
Docking Facilities
Docking facilities, due to their nature, provide
sources of pollutants to wetlands and other
surface waters. Sources of pollutants include
anti-fouling paints used on boat hulls,
anti-fouling treatments used in pilings, discharges
of fuels from boat motors and fueling facilities,
and discharges of human and solid wastes from
boats. To provide the required reasonable
assurance that water quality standards will not be
violated, the following factors must be addressed
by an applicant proposing the construction of a
new docking facility, or the expansion of or other
alteration of an existing docking facility that has
the potential to adversely affect water quality:
(a) Hydrographic information or studies shall be
required for docking facilities of greater than ten
boat slips. Hvdrographic information or studies
also may be required for docking facilities of less
than ten slips, dependent upon the site specific
features described in paragraph 4.2.4.3(b) below.
In all cases, the need for a hydrographic study,
and the complexity of the study, will be
dependent upon the specific project design and
the specific features of the project site.


S The purpose of the hydrographic information or
studies is to document the flushing time (the time
required to reduce the concentration of a
conservative pollutant to ten percent of its
original concentration) of the water at the
docking facility. This information is used to
determine the likelihood that the facility will
accumulate pollutants to the extent that water
quality violations will occur. Generally, a
flushing time of less than or equal to four days is
the maximum that is desirable for docking
facilities. However, the evaluation of the
maximum desirable flushing time also takes into
consideration the size (number of slips) and
configuration of the proposed docking facility:
the amplitude and periodicity of the tide: the
geometry of the subject waterbodv: the
circulation and flushing of the waterbodv: the
quality of the waters at the project site: the type
and nature of the docking facility; the services
provided at the docking facility: and the number
and type of other sources of water pollution in the
area.
(c) The level and type of hydrographic information
or studies that will be required for the proposed
docking facility will be determined on a case
specific basis. As compared to sites that flush in
less than four days, sites where the flushing time
is greater than four days generally will require
additional, more complex levels of hvdrographic
studies or information to determine whether
water quality standards can be expected to be
violated by the facility. Generally, the degree and
complexity of the hydrographic study will be
dependent upon the types of considerations listed
in paragraph 4.2.4.3.(b), including the potential
for the facility, based on its design and location,
to add pollutants to the receiving waters. Types of
information that can be required include
site-specific measurements of: waterway
geometry, tidal amplitude, the periodicity of
forces that drive water movement at the site, and
water tracer studies that document specific
circulation patterns.
d The applicant shall document, through
hydrographic information or studies, that
pollutants leaving the site of the docking facility
will be adequately dispersed in the receiving
water body so as to not cause violations of water


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quality standards based on circulation patterns
and flushing characteristics of the receiving water
body.
(e) In all cases, the hydrographic studies shall be
designed to document the hydrographic
characteristics of the project site and surrounding
waters. All hydrographic studies must be
approved by the District based on the factors
described in paragraphs (a)-(d) above, therefore
an applicant should consult with the District prior
to conducting such a study.
(f) Fueling facilities shall be located and operated so
that the potential for spills or discharges to
surface waters and wetlands is minimized.
Containment equipment and emergency
response plans must be provided to ensure that
the effects of spills are minimized.
(g) The disposal of domestic wastes from boat heads,
particularly from live aboard vessels, must be
addressed to prevent improper disposal into
wetlands or other surface waters. A live aboard
vessel shall be defined as a vessel docked at the
facility that is inhabited by a person or persons
for any five consecutive days or a total of ten
days within a 30 day period.
(h) The disposal of solid waste, such as garbage and
fish cleaning debris, must be addressed to prevent
improper disposal into wetlands or other surface
waters.
Qi Pollutant leaching characteristics of materials
such as pilings and anti-fouling paints used on the
hulls of vessels must be addressed to ensure that
any pollutants that leach from the structures and
vessels will not cause violations of water quality
standards given the flushing at the site and the
type, number and concentration of the likely
sources of pollutants.
4.2.4.4 Mixing Zones
A temporary mixing zone for water quality
during construction or alteration may be
requested by the applicant. The District shall
consider such request pursuant to sections
17-4.242 and 17-4.244(5), in accordance with the
Operating Agreement Concerning Regulation
Under Part IV, Chapter 373, FS. adopted by
reference in Section 40E-4.091. F.A.C.
4.2.4.5 Where Ambient Water Quality does not Meet
Standards


If the site of the proposed activity currently does
not meet water quality standards, the applicant
must demonstrate compliance with the water
quality standards by meeting the provisions in
4.2.4.1, 4.2.4.2, and 4.2.4.3, as applicable, and
for the parameters which do not meet water
quality standards, the applicant must demonstrate
that the proposed activity will not contribute to
the existing violation. If the proposed activity
will contribute to the existing violation,
mitigation may be proposed as described in
subsection 4.3.1.4.
2.5 Class II Waters: Waters Approved for Shellfish
Harvesting.
The special value and importance of shellfish
harvesting waters to Florida's economy as
existing or potential sites of commercial and
recreational shellfish harvesting and as a nursery
area for fish and shell fish is recognized by the
District. In accordance with paragraph 4.1.1(d),
the District shall:
(a) deny a permit for a regulated activity in Class II
waters which are not approved for shellfish
harvesting unless the applicant submits a plan or
proposes a procedure to protect those waters and
waters in the vicinity. The plan or procedure shall
detail the measures to be taken to prevent
significant damage to the immediate project area
and the adjacent area and shall provide
reasonable assurance that the standards for Class
II waters will not be violated;
(b) deny a permit for a regulated activity in any class
of waters where the location of the system is
adjacent or in close proximity to Class II waters,
unless the applicant submits a plan or proposes a
procedure which demonstrates that the regulated
activity will not have a negative effect on the
Class II waters and will not result in violations of
water quality standards in the Class II waters; and
(c) deny a permit for a regulated activity that is
located directly in Class II or Class III waters
which are classified by the Department as
approved, restricted, conditionally approved or
conditionally restricted for shellfish harvesting.
However, the District may issue permits or
certifications for maintenance dredging of
navigational channels, the construction of
shoreline protection structures, the installation of
transmission and distribution lines for carrying


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potable water, electricity or communication
cables in rights-of-way previously used for such
lines, for clam and oyster culture, and for private,
single family boat docks that meet the following
criteria for installation in such waters:
1. there shall be no more than two boats moored at
the dock:
2. no overboard discharges of trash, human or
animal waste, or fuel shall occur at the dock;
3. any non-water dependent structures. such as
gazebos or fish cleaning stations, shall be located
on the uplands:
4. prior to the mooring of any boat at the dock, there
shall be existing structures with toilet facilities
located on the uplands:
5. any proposed shelter shall not have enclosed
sides:
6. the mooring area shall be located in waters
sufficiently deep to prevent bottom scour by boat
propellers: and
7. any structures located over grassbeds shall be
designed so as to allow for the maximum light
penetration practicable.
2.6 Vertical seawalls
(a) The construction of vertical seawalls in estuaries
or lagoons is prohibited unless one of the
following conditions exists:
1. the proposed construction is located within a port
as defined in Section 315.02, F.S., or Section
403.021, F.S.:
2. the proposed construction is necessary for the
creation of a marina, the vertical seawalls are
necessary to provide access to watercraft, or the
proposed construction is necessary for public
facilities;
3. the proposed construction is to be located within
an existing manmade canal and the shoreline of
such canal is currently occupied in whole or in
part by vertical seawalls: or
4. the proposed construction is to be conducted by a
public utility when such utility is acting in the
performance of its obligation to provide service
to the public.
(b) When considering an application for a permit to
repair or replace an existing vertical seawall, the
District shall generally require such seawall to be
faced with riprap material, or to be replaced
entirely with riprap material unless a condition
specified in subparagraphs 1.-4. above exists.


This subsection shall in no way hinder any
activity previously exempt or permitted, or those
activities permitted pursuant to Chapter 161. F.S.
4.2.7 Secondary Impacts
Pursuant to paragraph 4.1.1(f), an applicant must
provide reasonable assurances that a regulated
activity will not cause unacceptable secondary
water resource impacts. Aquatic or wetland
dependent fish and wildlife are an integral part of
the water resources which the District is
authorized to protect under Pan IV, Chapter 373,
F.S. Those aquatic or wetland dependent species
which are listed as threatened, endangered or of
special concern are particularly in need of
protection.
A proposed system shall be reviewed under this
criterion by evaluating the impacts to: wetland
and surface water functions identified in
subsection 4.2.2, water quality, upland habitat for
aquatic or wetland dependent listed species, and
historical and archaeological resources in
uplands. Applicants may propose measures such
as preservation to prevent secondary impacts.
Such preservation shall comply with the land
preservation provisions of subsection 4.3.8. If
such secondary impacts can not be prevented, the
applicant may propose mitigation measures as
provided for in subsections 4.3 4.3.6.
This secondary impact criterion consists of the
following four parts:
(a) An applicant shall provide reasonable assurance
that the secondary impacts from construction,
alteration, and intended or reasonably expected
uses of a proposed system will not cause
violations of water quality standards or
unacceptable impacts to the functions of wetlands
or other surface waters.
Impacts such as boat traffic generated by a
proposed dock, boat ramp or dry dock facility,
which causes an increased threat of collision with
manatees: impacts to wildlife from vehicles using
proposed roads in wetlands or surface waters;
impacts to water quality associated with the use
of septic tanks or propeller dredging by boats and
wakes from boats; and impacts associated with
docking facilities as described in paragraphs
4.2.4.3(f) and (h), will be considered relative to
the specific activities proposed and the potential
for such impacts.


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Unless additional measures are required for
protection of wetlands used for nesting or
denning by listed species, secondary impacts to
the habitat functions of wetlands associated with
adjacent upland activities will not be considered
unacceptable if buffers, with a minimum width of
15' and an average width of 25', are provided
abutting those wetlands that will remain under
the permitted design. Buffers shall remain in an
undisturbed condition, except for drainage
features such as spreader swales and discharge
structures, provided the construction or use of
these features does not adversely impact
wetlands.
Insignificant or remotely related secondary
impacts such as changes in air quality due to
increased vehicular traffic associated with road
construction will not be considered unacceptable.
(b) An applicant shall provide reasonable assurance
that the construction, alteration, and intended or
reasonably expected uses of a proposed system
will not cause an unacceptable impact upon
habitat functions that uplands within the project
area currently provide for aquatic or wetland
dependent listed species. For the purpose of this
paragraph, "unacceptable impacts to habitat
functions" shall mean adverse impacts to upland
habitat which is used for nesting or denning or
which is necessary to access these habitats. Table
4.2-1 identifies those aquatic or wetland
dependent listed species that use upland habitats
for nesting or denning.
For those aquatic or wetland dependent listed
species for which habitat management guidelines
have been developed by the U.S. Fish and
Wildlife Service (USFWS) or the Florida Game
and Fresh Water Fish Commission (FGFWFC).
compliance with these guidelines will provide
reasonable assurance that the proposed system
will not cause unacceptable impacts to upland
habitat functions described in this criterion. For
those aquatic or and-wetland dependent listed
species for which habitat management guidelines
have not been developed and in cases where an
applicant does not follow USFWS or FGFWFC
habitat management guidelines, the applicant
must implement District approved measures to


mitigate unacceptable adverse impacts to upland
habitat functions provided to aquatic or wetland
dependent listed species.
(c) In addition to evaluating the impacts in the area
of any dredging and filling in, on, or over
wetlands or other surface waters, and as part of
the balancing review under subsection 4.2.3, the
District will consider any other relevant activities
that are very closely linked and causally related
to any proposed dredging or filling which will
cause impacts to significant historical and
archaeological resources in uplands.
(d) An applicant shall provide reasonable assurance
that the following future activities:
1. additional phases or expansion of the proposed
system for which plans have been submitted to
the District or other governmental agencies: and
2. on-site and off-site activities regulated under Part
IV, Chapter 373, F.S., or activities described in
section 403.813(2), F.S., that are very closely
linked and causally related to the proposed
system, will not result in water quality violations
or unacceptable impacts to the functions of
wetlands and other surface waters as described in
subsection 4.2.2. As part of this review, the
District will also consider the impacts of the
intended or reasonably expected uses of the
future activities on water quality and wetland and
other surface water functions.
In conducting the analysis under paragraph (d)2.,
above, the District will consider those future
projects or activities which would not occur but
for the proposed system, including where the
proposed system would be considered a waste of
resources, should the future project or activities
not be permitted.
Where practicable, proposed systems shall be
designed in a fashion which does not necessitate
future impacts to wetland and other surface water
functions. If a proposed system will necessitate
future impacts to these functions, the applicant
must provide reasonable assurances that those
future impacts to such functions can be
successfully offset. To provide reasonable
assurances that future impacts to wetland and
other surface water functions can be successfully
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violated, the applicant must provide information
sufficient to obtain a conceptual approval permit
for those future impacts.
System expansions and future system phases will
be considered in the secondary impact analysis,
and if the District determines that future phases
of a system involve impacts that appear not to
meet permitting criteria, the current application
may be denied unless the applicant can provide
reasonable assurance that those future phases can
comply with permitting criteria. One way for
applicants to establish that future phases or
system expansions do not have unacceptable
secondary impacts is for the applicant to obtain a
conceptual approval permit for the entire project.
4.2.8 Cumulative Impacts
Pursuant to paragraph 4.1.1(g), an applicant must
provide reasonable assurances that a regulated
activity will not cause unacceptable cumulative
impacts upon wetlands and other surface waters
within the same drainage basin as the regulated
activity for which a permit is sought. The impact
on wetlands and other surface waters shall be
reviewed by evaluating the impacts to water
quality and by evaluating the impacts to functions
identified in subsection 4.2.2. The drainage
basins within the District are identified on Figure
4.2-2. Applicants may propose measures such as
preservation to prevent cumulative impacts. Such
preservation shall comply with the land
preservation provisions in subsection 4.3.8. If
unacceptable cumulative impacts can not be
prevented, the applicant may propose mitigation
measures as provided for in sections 4.3 4.3.6.
The cumulative impact criterion consists of two
pans, one part addressing the relationship
between the system under review and certain past
actions, the other addressing the relationship
between the system under review and certain
future actions.
(a) With respect to past actions, an applicant must
provide reasonable assurance that the proposed
system. when considered with:
1. existing projects, and
2. on-going constructi. regulated under Part IV,
Chapter 373, F.S.. which are located in the same
drainage basin and which have similar types of
impacts (adverse effects) as the proposed system,
will not result in unacceptable cumulative


4.


impacts to the quality or the functions of
wetlands and other surface waters, within the
same drainage basin. This analysis asks the
question whether the proposed system is the
proverbial "straw that breaks the camel's back"
regarding water quality or wetland and other
surface water functions in the basin.
(b) With respect to future activities, an applicant
must provide reasonable assurance that the
proposed system, when considered with:
1. future projects for which permits under part IV,
chapter 373, F.S., have been sought:
21 future projects regulated under part IV, chapter
373. F.S.. for which determinations pursuant to
section 373.421. F.S. or section 403.914. F.S.
(1991). have been sought:
3. future activities which are under review.
approved or vested pursuant to section 380.06,
F.S.: and
4. future projects regulated under Pan IV, Chapter
373, F.S., reasonably expected to be located
within wetlands or other surface waters as
delineated pursuant to the methodology
authorized ratified pursuant to Section 373.4211,
F.S., which are located within the same drainage
basin and which have impacts like those which
will be caused by the proposed system under
review, will not result in unacceptable cumulative
impacts to water quality or the functions of
wetlands and other surface waters, within the
same drainage basin. This analysis is conducted
using an assumption that reasonably expected
future applications with like impacts will be
sought, thus necessitating equitable distribution
of acceptable impacts among future applications.
2.8.1 Cumulative impacts are considered unacceptable


4.2.8.2



when the proposed system, considered in
conjunction with the past, present, and future
activities as described in 4.2.8 would result in a
violation of state water quality standards or a
significant loss of functions of wetlands or other
surface waters within the same drainage basin
when considering the basin as a whole.
For the purpose of this cumulative impact review,
existing comprehensive plans, adopted pursuant
to Chapter 163, F.S., of the local governments
having jurisdiction over the activities, or


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applicable land use restrictions and regulations
will be considered in determining whether a
project is "reasonably to be expected".
Information Utilized
lr.nformation utilized in the review will include
Application irormation suh .as -ae
photographs, topographic maps, development


planS, 65 wall 8f relevant information frAm Auch
other 8ourc9 such as: site inspctina. fil data
from pre'ious applications en orth site ad
adj.acnt sites, related studies, relev.ant
information from other agencies, and meetings
with the Applicant.


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TABLE 4.2-1


LISTED WILDLIFE SPECIES THAT ARE AQUATIC OR WETLAND DEPENDENT
AND THAT USE UPLAND HABITATS FOR NESTING OR DENNING



Reptiles


Endangered


Chelonia mvdas mvdas (Atlantic green turtle)
Crocodylus acutus (American crocodile)
Dermochelys coriacea (leatherback turtle; leathery turtle)
Eretmochelys imbricata imbricata (Atlantic hawksbill turtle)
Kinosternon bauri (striped mud turtle) ONLY IN LOWER KEYS
Lepidochelys kempi (Atlantic ridley turtle)

Threatened

Caretta caretta caretta (Atlantic loggerhead turtle)
Nerodia fasciata taeniata (Atlantic salt marsh snake)
Thamnophis sauritus sackeni (Florida (Keys) ribbon snake) ONLY IN LOWER
KEYS

Species of special concern

Alligator mississippiensis (American alligator)
Graptemys barbouri (Barbour's map turtle; Barbour's sawback turtle)
Macroclemys temmincki (alligator snapping turtle)
Pseudemvs concinna suwanniensis (Suwannee cooter)


Birds


Endangered


Mycteria americana (wood stork)

Threatened


Charadrius alexandrinus tenuirostris (southeastern snowy plover)
Charadrius melodus (piping plover)
Columba leucocephalus (white-crowned pigeon)
Grus canadensis pratensis (Florida sandhill crane)
Haliaeetus leucocephala (bald eagle)
Picoides borealis (red-cockaded woodpecker) ONLY IN LEE, COLLIER, AND
CHARLOTTE COUNTIES
Sterna antillarum (least tern)
Sterna douqallii (roseate tern)


Species of special concern

Haematopus palliatus (American oystercatcher)
Pandion haliaetus (osprey) ONLY IN MONROE COUNTY
Rhynchops niqer (black skimmer)


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Mammals

Endangered

Felis concolor corvi (Florida panther)
Myotis qrisescens (gray bat)
Odocoileus virginianus clavium- (Key deer; toy deer)

Threatened

Mustela vison everqladensis (Everglades mink)
Sciurus niger avicennia (Big Cypress fox squirrel; mangrove fox
squirrel)
Ursus americanus floridanus (Florida black bear) CURRENTLY NOT LISTED
IN BAKER AND COLUMBIA COUNTIES AND THE APALACHICOLA NATIONAL FOREST


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.3 Mitigation -
Protection of wetlands and other surface waters is
preferred to destruction and mitigation due to the
temporal loss of ecological value and uncertainty
regarding the ability to recreate certain functions
associated with these features. Mitigation can be
approved only after the applicant has complied
with the requirements of subsection 4.2.1
regarding practicable modifications to eliminate
or reduce adverse impacts. This section
establishes criteria to be followed in evaluating
mitigation proposals.
Mitigation required by sections 4.3 4.3.8 must
offset the adverse impacts caused by regulated
activities as identified in sections 4.2 4.2.8. In
certain cases, mitigation cannot offset impacts
sufficiently to yield a permittable project. Such
instances may include activities which
significantly degrade Outstanding Florida
Waters, adversely impact habitat for listed
species, or adversely impact those wetlands or
other surface waters not likely to be successfully
recreated.
Applicants are encouraged to consult with
District staff in pre-application conferences or
during the application process to identify
appropriate mitigation options.
4.3.1 Types of Mitigation
Mitigation usually consists of restoration,
enhancement, creation, or preservation of
wetlands, other surface waters or uplands. In
some cases, a combination of mitigation types is
the best approach to offset adverse impacts
resulting from the regulated activity.
4.3.1.1 In general, mitigation is best accomplished
through creation, restoration, enhancement, or
preservation of ecological communities similar to
those being impacted. However, when the area
proposed to be impacted is degraded, compared
to its historic condition, mitigation is best
accomplished through creation, restoration,
enhancement or preservation of the ecological
community which was historically present.
Mitigation involving other ecological
communities is acceptable if impacts are offset
and the applicant demonstrates that greater
improvement in ecological value will result.


4.3.1.2 In general, mitigation is best accomplished when
located on-site or in close proximity to the area
being impacted. Off-site mitigation can be
accepted, however, if adverse impacts are offset
and the applicant demonstrates that:
(a) on-site mitigation opportunities are not expected
to have comparable long-term viability due to
such factors as unsuitable hydrologic conditions
or ecologically incompatible existing adjacent
land uses or future land uses identified in a local
comprehensive plan adopted according to
Chapter 163, F.S.; or
b) off-site mitigation would provide greater
improvement in ecological value than on-site
mitigation.
4.3.1.3 Mitigation through participation in a mitigation
bank shall be in accordance with subsection 4.4.
4.3.1.4 In instances where an applicant is unable to meet
water quality standards because existing ambient
water quality does not meet standards and the
system will contribute to this existing condition.
mitigation for water quality impacts can consist
of water quality enhancement. In these cases, the
District will consider mitigation measures
proposed by the applicant that will cause net
improvement of the water quality in the receiving
waters for those parameters which do not meet
standards. (See 373.414(1)(16), F.S.)
4.3.1.5 To offset adverse secondary impacts from
regulated activities to habitat functions that
uplands provide to listed species evaluated as
provided in paragraph 4.2.7(b), mitigation can
include the implementation of management
plans, participation in a wildlife mitigation park
established by the FGFWFC, or other measures.
Measures to offset adverse secondary impacts on
wetlands and other surface waters resulting from
use of a system can include the incorporation of
culverts or bridged crossings designed to
facilitate wildlife movement, fencing to limit
access, reduced speed zones, or other measures
designed to offset the secondary impact.
4.3.1.6 Mitigation for certain mining activities shall be in
accordance with subsection 373.414(6). F.S.
4.3.1.7 Mitigation or reclamation required or approved
by other agencies for a specific project will be
acceptable to the District to the extent that such
mitigation or reclamation fulfills the
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adverse impacts of the same project in
accordance with the criteria in sections
4.2-4.2.8.2
4.3.1.8 Innovative mitigation proposals which deviate
from the standard practices described in sections
4.3-4.3.6 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.
4.3.2 Mitigation Ratios
Subsections 4.3.2 4.3.2.2 establish ratios for
the acreage of mitigation required compared to
the acreage which is adversely impacted by
regulated activities. Ranges of ratios are provided
below for certain specific types of mitigation.
These ratios are provided as guidelines for
preliminary planning purposes only and the
actual ratio may be higher or lower based on a
consideration of the factors listed in subsections
4.3.2.1 and 4.3.2.2. For other types of mitigation,
ratios will be determined on a case-by-case basis
depending on the reduction in quality and relative
value of the functions of the areas adversely
impacted as compared to the expected
improvement in quality and value of the
functions of the mitigation area.
4.3.2.1 Creation, Restoration and Enhancement
When considering creation, restoration and
enhancement as mitigation, the following factors
will be considered to determine whether the
mitigation proposal will offset the proposed
impacts and to determine the appropriate
mitigation ratio:
(a) The reduction in quality and relative value of the
function of the areas adversely impacted,
including the factors listed in subsection 4.2.2.3,
as compared to the proposed improvement in
quality and value of the functions of the area to
be created, restored or enhanced.
(b) Any special designation or classification of the
affected area.


(c) The presence and abundance of nuisance and
exotic plants within the area to be adversely
impacted.
(d) The hydrologic condition of the area to be
adversely impacted and the degree to which it has
been altered relative to the historic condition.
{e) The length of time expected to elapse before the
functions of the area to be adversely impacted
will be offset.
(f) The likelihood of mitigation success.
(g) For mine reclamation activities subject to
Chapter 211. F.S., Part II, whether the ratio is
consistent with the mine reclamation plan
submitted pursuant to Chapter 378, F.S.
4.3.2.1.1 Creation and restoration have the potential to
result in similar benefits, if they can be
successfully accomplished. Therefore, the ratio
ranges given below for these two types of
mitigation are the same. Restoration is usually
preferred over creation as it often has a greater
chance of success due to soil characteristic,
hydrologic regime, landscape position or other
factors that favor re-establishment of wetland or
other surface water communities. Restoration
ratios will generally be at the lower end of the
ratio ranges within the guidelines below. The
following ratio guidelines will be used to
estimate the acreage of wetland restoration or
creation required:
La) Mangrove swamps, cypress swamps, and
hardwood swamps 2:1 to 5:1 (acres created or
restored: acres impacted).
(b) Saltwater marshes and freshwater marshes -
1.5:1 to 4:1 (acres created or restored: acres
impacted.
4.3.2.1.2 The ratio guidelines for use in the estimation of
the acreage of wetland enhancement will range
from 4:1 to 20:1 (acres enhanced: acres
impacted).
4.3.2.2 Preservation
(a) Preservation of important ecosystems can
provide an improved level of protection over the
current regulatory programs. The District may
consider as mitigation the preservation, by
donation or conservation easement or other
comparable land use restriction, of wetlands,
other surface waters, or uplands. Conservation
easements or restrictions must be consistent with
the requirements of subsection 4.3.8. In mans


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cases it is not expected that preservation alone
will be sufficient to offset adverse impacts.
Preservation will most frequently be approved in
combination with other mitigation measures.
(b) When considering preservation as mitigation, the
following factors will be considered to determine
whether the preservation parcel would offset the
proposed impacts and to determine the
appropriate mitigation ratio.
1. The reduction in quality and relative value of the
functions of the areas adversely impacted,
including those factors listed in subsection
4.2.2.3, as compared to the quality and value of
the functions of the area to be preserved and the
additional protection provided to these functions
by the proposed preservation. Factors used in
determining this additional level of protection
include the extent and likelihood that the land to
be preserved would be adversely impacted if it
were not preserved, considering the protection
provided by existing regulations and land use
restrictions.
2. Any special designation or classification of the
affected area.
3. The presence and abundance of nuisance and
exotic plants within the area to be adversely
impacted.
4. The ecological and hydrological relationship
between wetlands, other surface waters, and
uplands to be preserved.
5. The extent to which proposed management
activities on the area to be preserved promote
natural ecological conditions, such as natural fire
patterns.
6. The proximity of the area to be preserved to areas
of national, state, or regional ecological
significance, such as national or state parks,
Outstanding Florida Waters, and other regionally
significant ecological resources or habitats, such
as lands acquired or to be acquired through
governmental or non-profit land acquisition


programs for environmental conservation, and
whether the areas to be preserved include
corridors between these habitats.
7. The extent to which the preserved area provides
habitat for fish and wildlife, especially listed
species.
8. Any special designation or classification of the
area to be preserved.
9. The extent of invasion of nuisance and exotic
species within the area to be preserved.
(c) Wetland and other surface water preservation
ratios. Since wetlands and other surface waters
are, to a large extent, protected by existing
regulations, the ratio guideline for preservation of
wetlands and other surface waters is substantially
higher than for restoration and creation. The ratio
guideline for wetland and other surface water
preservation will be 10:1 to 100:1. (acreage
wetlands and other surface waters preserved to
acreage impacted).
(d) Upland preservation ratios. Many wildlife
species that are aquatic or wetland dependent
spend critical portions of their life cycles in
uplands. Uplands function as the contributing
watershed to wetlands and are necessary to
maintain the ecological value of those wetlands.
Because of these values, the preservation of
certain uplands may be appropriate for full or
partial mitigation of wetland impacts, and
impacts to uplands that are used by listed aquatic
or wetland dependent species as described in
subsection 4.2.7.1. The ratio guideline for upland
preservation will be 3:1 to 20:1 (acreage of
uplands preserved to acreage impacted).


4.3.2.3


To the extent that the area to be preserved offsets
the adverse impact and otherwise meets the
requirements of this section, wetland, other
surface water, or upland habitat which is
proposed to be preserved in order to prevent
secondary or cumulative impacts can be
considered as part of the mitigation plan to offset
other adverse impacts of the system.


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4.3.3 Mitigation Proposals
4.3.3.1 Applicants shall provide reasonable assurance
that proposed mitigation will:
(a) offset adverse impacts due to regulated activities:
and
(b) achieve mitigation success by providing viable
and sustainable ecological and hydrological
functions.
4.3.3.2 Applicants shall submit detailed plans describing
proposed construction, establishment, and
management of mitigation areas. These plans
shall include the following information, as
appropriate for the type of mitigation proposed:
(a) A soils map of the mitigation area and other soils
information pertinent to the specific mitigation
actions proposed.
(b) A topographic map of the mitigation area and
adjacent hydrologic contributing and receiving
areas.
(c) A hydrologic features map of the mitigation area
and adjacent hydrologic contributing and
receiving areas.
(d) A description of current hydrologic conditions
affecting the mitigation area.
(e) A map of vegetation communities in and around
the mitigation area.
(f Construction drawings detailing proposed
topographic alterations and all structural
components associated with proposed activities.
(g) Proposed construction activities, including a
detailed schedule for implementation.
(h) A vegetation planting scheme and schedule for
implementation.
(i) Sources of plants and soils used in wetland
creation.
Lj) Measures to be implemented during and after
construction to avoid adverse impacts related to
proposed activities.
(k) A management plan comprising all aspects of
operation and maintenance, including water
management practices, vegetation establishment.
exotic and nuisance species control, fire
management, and control of access.
(1) A proposed monitoring plan to demonstrate
mitigation success.
(m) A description of the activities proposed to control
exotic and nuisance species should these become
established in the mitigation area. The mitigation


proposal must include reasonable measures to
assure that these species do not invade the
mitigation area in such numbers as to affect the
likelihood of success of the project.
(n) a description of anticipated site conditions in and
around the mitigation area after the mitigation
plan is successfully implemented.
(o) a comparison of current fish and wildlife habitat
to expected habitat after the mitigation plan is
successfully implemented.
(p) For mitigation plans with projected
implementation costs in excess of $25,000.00. an
itemized estimate of the cost of implementing
mitigation as set forth in subsection 4.3.7.8.
4.3.3.3 Applicants may be required to submit additional
information necessary to evaluate whether the
proposed mitigation meets the criteria in these
rules.
4.3.4 Monitoring Requirements for Mitigation Areas
Applicants shall be required to monitor the
progress of mitigation areas until success can be
demonstrated as provided in subsection 4.3.6.
Monitoring parameters, methods, schedules, and
reporting requirements will be specified in permit
conditions.
4.3.5 Protection of Mitigation Areas
Applicants shall propose and be responsible for
implementing appropriate methods to assure that
mitigation areas will not be adversely impacted
by incidental encroachment or secondary
activities which might compromise mitigation
success.
4.3.6 Mitigation Success
Due to the wide range of types of projects which
may be proposed for mitigation, specific success
criteria will be determined on a case-by-case
basis. Success must be measured in terms of
whether the objectives of the mitigation can be
realized. The success criteria to be included in the
permit conditions will specify the minimum
requirements necessary to attain a determination
of success. The mitigation shall be deemed
successful by the District when all applicable
water quality standards are met, the mitigation
area has achieved viable and sustainable
ecological and hydrological functions and the
specific success criteria contained in the permit
are met. If success is not achieved within a time
frame specified within the permit, remedial


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measures shall be required. Monitoring and
maintenance requirements shall remain in effect
until success is achieved.
4.3.7 Financial Responsibility for Mitigation
As part of compliance with paragraph
40E-4.301(1)(i), F.A.C., where an applicant
proposes mitigation, the applicant shall provide
proof of financial responsibility to:
(a) conduct the mitigation activities:
(b) conduct any necessary management of the
mitigation site:
(c) conduct monitoring of the mitigation: and
(d) conduct any necessary corrective action indicated
by the monitoring.
4.3.7.1 Applicants Not Subject to Financial
Responsibility Requirements
The following applicants shall not be subject to
the financial responsibility requirements in
subsections 4.3.7 4.3.7.9.
Applicants whose mitigation is deemed
successful pursuant to subsection 4.3.6 of this
Basis of Review prior to undertaking the
construction activities authorized under the
permit issued pursuant to Part IV. Chapter 373,
F.S.
Applicants whose mitigation is estimated to cost
less than $25,000.00.
Federal, state, county and municipal
governments, state political subdivisions and
investor owned utilities regulated by the Public
Service Commission.
(d mitigation banks which comply with the financial
responsibility provisions of section 4.4.10 of this
Basis of Review.
4.3.7.2 Amount of financial responsibility.
The amount of financial responsibility provided
by the applicant shall be in an amount equal to
110 percent of the cost estimate determined
pursuant to subsection 4.3.7.8 below, for each
phase of the mitigation plan submitted under the
requirements of sections 4.3 4.3.8.
4.3.7.3 Documentation.
The permit applicant shall provide draft
documentation of the required financial
responsibility mechanism described below with
the permit application, and shall submit to the
District the executed or finalized documentation
within the time frames specified in the permit.


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4.3.7.4 General Terms for Financial Responsibility
Mechanisms.
In addition to the specific provisions regarding
financial responsibility mechanisms set forth in
subsection 4.3.7.6 below, the following, as they
relate to the specific mechanism proposed, shall
be complied with:
La) The form and content of all financial
responsibility mechanisms shall be approved by
the District.
(b) The financial mechanisms shall name the District
as sole beneficiary or shall be payable solely to
the District. The original financial responsibility
mechanism shall be retained by the District.
(c) The financial responsibility mechanisms shall be
established with a state or national bank, savings
and loan association, or other financial institution
licensed in this state. In the case of letters of
credit, the letter of credit.must be issued by an
entity which has authority to issue letters of credit
and whose letter of credit operations are
regulated and examined by a federal or state
agency. In the case of a surety bond, the surety
bond must be issued by a surety company
registered with the state of Florida.
(d) The financial responsibility mechanisms shall be
effective on or prior to the date that the activity
authorized by the permit commences and shall
continue to be effective through the date of
notification of final release by the District in
accordance with subsection 4.3.7.7.2 below of
this Basis of Review.
(e) The financial responsibility mechanisms shall
provide that they can not be revoked, terminated
or cancelled. Within 90 days of receipt by the
permitted of actual or constructive notice of
revocation, termination or cancellation of a
financial responsibility mechanism or other
actual or constructive notice of cancellation, the
permitted shall provide an alternate financial
responsibility mechanism which meets the
requirements of subsections 4.3.7 4.3.7.9.
4.3.7.5 If the permitted fails to comply with the terms
and conditions of the permit, subsection 4.3.7 or
fails to complete the mitigation and monitoring
within the timeframes specified by the permit
conditions or any extension thereof, such failure
shall be deemed a violation of chapter 40E-4,
F.A.C., and the permit issued thereunder. In









Fl~ dnnsrdeWel oue2,Nme 8 a ,19


addition to any other remedies for such violation
as the Distri'i mrrav have, the Distric. :i:: ice
as provid-d in the mechanism or if ri '. _* on
reasonable notice, may draw upon the fiinanct il
mechanism.
4.3,7.6 Financial Responsibility Mechanisms.
Financial responsibility for the mitigation,
monitoring and corrective action for each phase
of the project may be established by any of the
following methods, at the discretion of the
applicant:
(a) Performance bond:
(b) Irrevocable letter of credit:
S Trust fund agreement;
(d) Deposit of cash or cash equivalent into an escrow
account:
(e) An audited annual financial statement submitted
by a Certified Public Accountant representing
that the applicant has a tangible net worth equal
to or in excess of the cost of the mitigation plan.
For purposes of this subparagraph, "tangible net
worth" means total assets, not including
intangibles such as goodwill and right to patents
or royalties, minus total liabilities, computed in
accordance with generally accepted accounting
principles.
(f} A demonstration that the applicant meets the
financial test and corporate guarantee
requirements set forth in 40 C.F.R. Section
264.143(f) incorporated herein by reference.
Where the referenced test is used to provide
evidence of financial resources necessary to
conduct mitigation activities the term "closure
and post-closure cost estimates" as set forth
therein, shall generally be construed as meaning
"mitigation cost estimates."
(g) guarantee bond;
h) insurance certificate:
(i) A demonstration that the applicant meets the
self-bonding provisions set forth at 30 C.F.R.
Section 800.23 incorporated herein by reference.
Where the referenced provisions are used to
provide evidence of financial responsibility to
conduct mitigation activities, the term surfacec
.cal mining and reclamation operations," as set
forth therein, shall generally be construed as
meaning "mitigation activities."
z4 "..1 Cost Estimates.


Fr th l p. .-s o(f delirmining the mraun: (,f
fn'aoc; il rcl,' nll::iili ![thtl is r equ d h
C .. ':the applicant shall submit a I''-r: .!
written estimate, in current dollars, of the total
cost of conducting the mitigation and
maintenance activities and monitoring the
mitigation, if applicable.
S The cost estimate for conducting the mitigation
and monitoring shall include all associated costs
for each phase thereof, including earthmoving.
planting, structure installation, maintaining and
operating any structures, controlling nuisance or
exotic species, fire management, consultant fees,
monitoring activities and repons.
(b) The applicant shall submit the estimates, together
with verifiable documentation, to the District
along with the draft of the financial responsibility
mechanism.
"S) The costs shall be estimated based on a third
party performing the work and supplying
materials at the fair market value of the services
and materials. The source of any cost estimates
shall be indicated.
4.3.7.7.1 Partial Releases
The permitted may request the District to release
portions of the financial responsibility
mechanism as phases of the mitigation plan, such
as earth moving or other construction or activities
for which cost estimates were submitted and
approved by the District, are successfully
completed.
(a The request shall be in writing and include
documentation that the phase or phases have been
completed and have been paid for or will be paid
for upon release of the applicable portion of the
financial responsibility mechanism.
Cb) The District shall authorize the release of the
portion requested upon verification that the
construction or activities have been completed in
accordance with the mitigation plans.
4.3.7.7.2 Final Release
Within thirty (30) days of the District
determining that the mitigation is successful in
accordance with subsection 4.3.6. the District
shall so notify the permittee and shall authorize
the return and release of all funds held or give
written authorization to the appropriate thiru
P!ayv f;i; :ie cancellation or termination of _;-h,
iiinanial responsibility mechanism.


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4.3.7.8


Financial Responsibility Conditions


4.


For applicants subject to the financial
responsibility of subsections 4.3.7 4.3.7.9. the
District will include the following conditions on
the permit.
(a) A permitted must notify the District by certified
mail of the commencement of a voluntary or
involuntary proceeding under Title XI
(Bankruptcy). U.S. Code naming the permitted as
debtor within 10 business days after the
commencement of the proceeding.
(b) A permitted who fulfills the requirements of
subsections 4.3.7 4.3.7.9 by obtaining a letter
of credit, performance bond or other form of
surety providing the same level of financial
responsibility will be deemed to be without the
required financial assurance in the event of
bankruptcy, insolvency or suspension or
revocation of the license or charter of the issuing
institution. The permitted must reestablish in
accordance with subsections 4.3.7 4.3.7.9 a
financial responsibility mechanism within 60
days after such event.
Lc) When transferring a permit in accordance with
section 40E-4.351, F.A.C., the new owner or
person with legal control shall submit
documentation to satisfy the financial
responsibility requirements of subsections 4.3.7
4.3.7.9. The prior owner or person with legal
control of the project shall continue the financial
responsibility mechanism until the District has
approved the permit transfer and substitute
financial responsibility mechanism.
4.3.7.9 Financial Responsibility Mechanisms For
Multiple Projects.
A applicant may use a mechanism specified in
subsection 4.3.7.6 above to meet the financial
responsibility requirement for multiple projects.
The financial responsibility mechanism must
include a list of projects and the amount of funds
assured for each project. The mechanism must be
no less than the sum of the funds that would be
necessary in accordance with subsection 4.3.7.2
above, as if separate mechanisms had been
established for each project. As additional
permits are issued which require mitigation, the
amount of the financial responsibility mechanism
may be increased in accordance with subsection
4.3.7.2. above and the project added to the list.


3.8 Real Property Conveyances.
(a) All conservation easements shall be granted in
perpetuity without encumbrances, unless such
encumbrances do not adversely affect the
ecological viability of the mitigation. All liens
against the conservation easement site shall
release, be subordinated to, or joined with the
conservation easement. All conservation
easements shall, at a minimum, be consistent
with the requirements and restrictions of Section
704.06, F.S.: however, the District shall require
further restrictions in the conservation easement
if necessary to ensure the ecological viability of
the site.
b All real property conveyances shall be in fee
simple and by statutory warranty deed, special
warranty deed, or other deed, without
encumbrances that adversely affect the integrity
of the preservation. The District shall also accept
a quit claim deed if necessary to aid in clearing
minor title defects or otherwise resolving
boundary questions.
3 Site t.nsectic..--
At the request of an Applicant or potential
Applicant, the Staff will cor.uct a n ite insr ctien


at a mutually cnv.'eienr.t time.
4.4 Mitigation Banking
(Formerly Appendix 8 to the Basis of Review for Surface
Water Management Systems)


4.4.1
4.4.1.1









4.4.1.2


Intent
The Environmental Reorganization Act of 1993
directs the District to adopt rules governing the
creation and use of mitigation banks to offset
adverse impacts caused by activities regulated
under Part IV of Chapter 373. F.S. This section,
in addition to other rules promulgated under Part
IV of Chapter 373, F.S.. is intended to meet this
requirement.
The District recognizes that, in certain instances,

adverse impacts of activities regulated under Part
IV of Chapter 373, F.S. can be offset through
participation in a Mitigation Bank. This rule
provides criteria for this mitigation alternative to
complement existing mitigation criteria and
requirements. This section does not supersede
any other criteria and requirements in rules
promulgated under Part IV of Chapter 373. F.S.


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4.4.1.3 The District intends that Mitigation Banks be
used to minimize mitigation uncertainty
associated with traditional mitigation practices.
provide greater assurance of mitigation success,
and optimize opportunities to restore any
degraded habitats which may be incorporated
into the bank. It is anticipated that the
consolidation of multiple mitigation projects into
larger contiguous areas will provide greater
assurance that the mitigation will yield
long-term, sustainable, regional ecological
benefits. Mitigation Banks should emphasize
restoration and enhancement of degraded
ecosystems and the preservation of uplands and
wetlands as intact ecosystems rather than
alteration of landscapes to create wetlands. The
establishment and use of mitigation banks in or
adjacent to areas of national, state, or regional
ecological significance is encouraged, provided
the area in which the mitigation bank is proposed
to be located is determined appropriate for
mitigation banking and the bank meets all
applicable permit criteria.
4.4.1.4 Nothing in this section shall affect the mitigation
requirements set forth in any mitigation bank
agreement or any permit issued pursuant to
Chapter 84-79, Laws of Florida, or Part IV of
Chapter 373. F.S., prior to the effective date of
this section. If a permitted wishes to substantially
modify a mitigation bank previously established
by agreement or permit, the permitted must
comply with this section. This section does not
prohibit an applicant from proposing
project-specific; pre construction mitigation, or
off-site mitigation, without establishing a
Mitigation Bank pursuant to this section.
4.4.2 Use of a Mitigation Bank
4.4.2.1 Use of a Mitigation Bank is appropriate.
desirable, and a permittable mitigation option
when the Mitigation Bank will offset the adverse
impacts of the project: and
(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


() use of the Mitigation Bank would provide greater
improvement in ecological value than on-site
mitigation.
4.4.2.2 In some cases, a combination of on-site
mitigation and participation in a Mitigation Bank
will be appropriate to offset adverse impacts of a
project.
4.4.3 Criteria for Establishing a Mitigation Bank
The following criteria shall be met to establish a
Mitigation Bank:
4.4.3.1 The banker shall provide reasonable assurance
that the proposed Mitigation Bank will:
a improve ecological conditions of the regional
watershed:
(b) provide viable and sustainable ecological and
hydrological functions for the proposed


mitigation service area;
McI be effectively managed in the long term:
dI. not destroy areas with high ecological value;
(e) achieve mitigation success: and
Lfa be adjacent to lands which will not adversely
affect the long-term viability of the Mitigation
Bank due to unsuitable land uses or conditions.
4.4.3.2 A Mitigation Bank may be implemented in
phases if each phase independently meets the
requirements of subsection 4.4.3.1 above.
4.4.3.3 The banker shall:
(a) have sufficient legal or equitable interest in the
property to meet the requirements of section
4.4.9: and
(b) meet the financial responsibility requirements of
section 4.4.10.
4.4.4 Mitigation Bank Permit Applications
Any person or entity proposing to establish a
Mitigation Bank must apply for a Mitigation
Bank Permit. An application for a Mitigation
Bank Permit shall constitute an application for
any related activity which would require an
Environmental Resource Permit authorized under
Chapters 40E-4, 40E-40, 40E-41 and 40E-400.
F.A.C. Mitigation Bank Permit applications shall
be processed according to Chapter 120, F.S. To
provide the District with reasonable assurances
that the proposed Mitigation Bank will meet the
criteria in this section, each Mitigation Bank
Permit application submitted to the District shall
include the information needed to review any


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permit required under Chapters 40E-4, 40E-40,
40E-41 and 40E-400, F.A.C. and the information
specified below as appropriate for the project:
4.4.4.1 A description of the location of the proposed
Mitigation Bank which shall include:
(a) a map at regional scale showing the project area
in relation to the regional watershed and
proposed mitigation service area:
(b) a vicinity map showing the project area in
relation to adjacent lands and offsite areas of
ecologic or hydrologic significance which could
affect the long term viability or ecological value
of the bank:
(c) an aerial photograph identifying boundaries of
the project area:
(d) a highway map showing points of access to the
Mitigation Bank for site inspection: and
(e) a legal description of the proposed Mitigation
Bank.
4.4.4.2 A description of the ecological significance of the
proposed Mitigation Bank to the regional
watershed in which it is located.
4.4.4.3 A description and assessment of current site
conditions which shall include:
(a) a soils map of the project area:
(b) a topographic map of the project area and
adjacent hydrologic contributing and receiving
areas:
(c) a hydrologic features map of the project area and
adjacent hydrologic contributing and receiving
areas:
(d) current hydrologic conditions in the project area:
(e) a vegetation map of the project area;
(f) ecological benefits currently provided to the
regional watershed by the project area:
(g) adjacent lands, including existing land uses and
conditions, projected land uses according to
comprehensive plans adopted pursuant to
Chapter 163, F.S., by local governments having
jurisdiction, and any special designations or
classifications associated with adjacent lands or
waters: and
(h) a disclosure statement of any material fact which
may effect the contemplated use of the property.
4.4.4.4 A mitigation plan describing the actions proposed
to establish, construct, operate, manage and
maintain the Mitigation Bank which shall
include:


(a) construction-level drawings detailing proposed.
topographic alterations and all structural
components associated with proposed activities:
b) proposed construction activities, including a
detailed schedule for implementation:
(c) the proposed vegetation planting scheme and
detailed schedule for implementation:
(d) measures to be implemented during and after
construction to avoid adverse impacts related to
proposed activities;
(e) a detailed long term management plan
comprising all aspects of operation and
maintenance, including water management
practices, vegetation establishment, exotic and
nuisance species control, fire management, and
control of access: and
(fl a proposed monitoring plan to demonstrate
mitigation success.
4.4.4.5 An assessment of improvement or changes in
ecological value anticipated as a result of
proposed mitigation actions which shall include:
(a) a description of anticipated site conditions in the
Mitigation Bank after the mitigation plan is
successfully implemented:
(b) a comparison of current fish and wildlife habitat
to expected habitat after the mitigation plan is
successfully implemented: and
(c) a description of the expected ecological benefits
to the regional watershed.
4.4.4.6 Evidence of sufficient legal or equitable interest
in the property which is to become the Mitigation
Bank to meet the requirements of section 4.4.9.
4.4.4.7 Draft documentation of financial responsibility
meeting the requirements of section 4.4.10.
4.4.4.8 Any additional information which may be
necessary to evaluate whether the proposed
Mitigation Bank meets the criteria of this section.
4.4.5 Establishment of Mitigation Credits
4.4.5.1 Based upon the information submitted by the
applicant, and an assessment of the proposed
Mitigation Bank pursuant to the criteria in this
section, the District will assign a number of
Mitigation Credits to the proposed Mitigation
Bank, or phases thereof.
4.4.5.2 A Mitigation Credit is a unit of measure which
represents the increase in ecological value
resulting from restoration, enhancement,
preservation, or creation activities. For purposes


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of establishing a standard unit of measure, one
Mitigation Credit is equivalent to the ecological
value gained by the successful creation of one
acre of wetland. Mitigation Credits assigned for
enhancement, restoration or preservation of
wetlands or uplands will be based on the extent of
improvement in ecological value resulting from
these activities relative to that obtained by
successfully creating one acre of wetland. In
determining the degree of improvement in
ecological value, the following factors will be
considered:
(a) The extent to which target hydrologic regimes
can be achieved and maintained.
(b) The extent to which management activities
promote natural ecological conditions, including
natural fire patterns.
(c) The proximity to areas of national, state, or
regional ecological significance, such as national
or state parks. Outstanding National Resource
Waters, Outstanding Florida Waters, and other
regionally significant ecological resources or
habitats, such as lands acquired or to be acquired
through governmental or non-profit land
acquisition programs for environmental
conservation, and the establishment of corridors
to those resources or habitats.
(d) The quality and quantity of wetland or upland
restoration, enhancement, preservation, or
creation.
(e) The ecological and hydrological relationship
between wetlands and uplands in the Mitigation
Bank.
(f_ The extent to which the Mitigation Bank provides
habitat for fish and wildlife, especially habitat for
species listed as threatened, endangered or of
special concern, or provides habitats which are
unique for that mitigation service area.
(g) The extent to which the lands that are to be
preserved are already protected by existing state,
local or federal regulations or land use
restrictions.
(h) The extent that lands to be preserved would be
adversely affected if they were not preserved.
(i) Any special designation or classification of the
affected waters and lands.
4.4.5.3 No credit shall be available for freshwater
wetland creation until the success of the created
wetlands is demonstrated.


4.4.5.4 Some Mitigation Credits may be withdrawn prior
to meeting all of the performance criteria
specified in the Mitigation Bank Permit. The
number of credits and schedule for release shall
be determined based upon the performance
criteria for the Mitigation Bank, and the success
criteria for each mitigation activity. A Mitigation
Bank will be credited with its maximum number
of Mitigation Credits only after meeting the
mitigation success criteria specified in the permit.
However, no credits shall be released prior to
meeting the requirements of Section 4.4.9.
4.4.5.5 Mitigation Credits available for withdrawal may
be transferred, sold or used subject to the
provisions of this section.
4.4.5.6 If at any time. the banker is not in material
compliance with the terms of the Mitigation Bank
Permit, no Mitigation Credits may be withdrawn.
Mitigation Credits shall again be available for
withdrawal if the banker comes back into
compliance.
4.4.5.7 The Mitigation Bank Permit shall contain a
ledger listing the number and type of Mitigation
Credits in the Mitigation Bank. The ledger will
provide the maximum number and type of
Mitigation Credits which would be available for
withdrawal when the Mitigation Bank meets all
of the performance criteria in the permit.
4.4.5.8 Mitigation Credits may be sold whole or in part at
the banker's discretion. Mitigation Credits may
be sold or resold until they are used to offset
adverse impacts.
4.4.5.9 The District shall maintain a ledger of the
Mitigation Credits available in each Mitigation
Bank. Mitigation Credits shall be withdrawn as a
non-substantial modification of the Mitigation
Bank Permit. To withdraw Mitigation Credits, the
permit applicant must document that Mitigation
Credits have been reserved, sold or transferred to
the permit applicant, and that the Mitigation
Credits have been withdrawn from the Mitigation
Bank. If the agency permitting the impact
determines that use of the Mitigation Credits
proposed by the applicant is appropriate to offset
the adverse impacts, it shall notify the District.
Upon receipt of this notice, the District shall
determine if a sufficient number and type of
Mitigation Credits are available, withdraw the
Mitigation Credits, and notify the agency


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permitting the impact and the banker in writing of
the withdrawal of the Mitigation Credits and the
remaining balance of Mitigation Credits.
4.4.5.10 When the Department is the banker, the
Department shall maintain its own ledger. The
Department shall annually submit a report of the
Mitigation Credits sold, transferred, or used from
its Mitigation Bank to the District.
4.4.6 Contribution of Lands
A permit applicant may contribute land to a
Mitigation Bank if:
(a) the adverse impacts to be offset by the land
donation are within the mitigation service area of
the Mitigation Bank, except as provided in
Section 4.4.8.4:
(b) the land will offset adverse impacts of the
proposed project:
(c) the land is adjacent to or will become a District
approved Mitigation Bank:
(d) the land will improve or enhance the ecological
value of a District approved Mitigation Bank:
(e) the land will be encumbered pursuant to the
requirements of section 4.4.9: and
(f} the grantee of the conservation easement or fee
simple interest agrees to accept such conveyance.
4.4.7 Contribution of Funds
Funds may be contributed to a Mitigation Bank
by purchasing Mitigation Credits from the


banker.
4.4.8 Mitigation Service Area
4.4.8.1 A Mitigation Service Area will be established for
each Mitigation Bank in the Mitigation Bank
Permit. Except as provided herein, Mitigation
Credits may only be withdrawn to offset adverse
impacts in the Mitigation Service Area. The
extent of the Mitigation Service Area will depend
upon whether adverse impacts within the
Mitigation Service Area can be adequately offset
by the Mitigation Bank.
4.4.8.2 A Mitigation Service Area may be larger than the
regional watershed if adverse impacts to wetlands
outside the regional watershed could be
adequately offset by the Mitigation Bank because
of local ecological or hydrological conditions. A
Mitigation Service Area may be smaller than a
regional watershed, such as in an aquatic
preserve, Outstanding Florida Water, or Area of
Critical State Concern, if adverse impacts


throughout the regional watershed could not be
offset by the Mitigation Bank because of local
ecological or hydrological conditions.
4.4.8.3 Mitigation Service Areas may overlap and
multiple Mitigation Service Areas may be
approved for a regional watershed.
4.4.8.4 In addition to projects located wholly within the
Mitigation Service Area of a Mitigation Bank,
the following projects are eligible to use a
Mitigation Bank if the requirements in section
4.4.2 are met:
(a) Projects with adverse impacts partially located
within the Mitigation Service Area.
(b) Linear projects, such as roadways, transmission
lines, distribution lines, pipelines, or railways.
(c} Projects with total adverse impacts of less than
one-half acre in size.
4.4.8.5 When Mitigation Credits are applied to offset
adverse impacts within the regional watershed,
the mitigation credit requirement shall be the
same as that specified for mitigation on the
project site.
4.4.8.6 When Mitigation Credits are applied to offset
adverse impacts outside the regional watershed,
the mitigation credit requirement may be higher
than that specified for mitigation on the project
site, if necessary to adequately offset the adverse
impacts of the project.
4.4.9 Land Use Restrictions on Mitigation Banks
4.4.9.1 Before Mitigation Credits may be used from a
Mitigation Bank or any phase of a Mitigation
Bank, the banker shall either (1) cause a fee
interest to be conveyed to the District, or (2)
cause a conservation easement to be conveyed to
both the Department of Environmental Protection
and the District. The grantor may convey a
conservation easement to additional grantees
provided that such conveyance is consistent with
the preservation requirements of the permit.
Mitigation Banks on Federally owned land shall
be encumbered in perpetuity by conservation
easements or other mechanisms ensuring
preservation in accordance with the Mitigation
Bank permit.
4.4.9.2 All conservation easements shall be granted in
perpetuity without encumbrances, unless such
encumbrances do not adversely affect the
ecological viability of the Mitigation Bank. All
conservation easements shall be of a form and


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content sufficient to ensure preservation of the
Mitigation Bank according to the permit, and
shall, at a minimum, meet the requirements and
restrictions of Section 704.06, F.S., except as
provided in the Mitigation Bank permit, and meet
the requirements of subsection 4.4.9.9.
4.4.9.3 All real property conveyances shall be in fee
simple and by statutory warranty deed, special
warranty deed, or other deed, without
encumbrances that adversely affect the District's
title to the Mitigation Bank property or
preservation of the Mitigation Bank according to
the permit. The District shall accept a quit claim
deed if necessary to aid in clearing minor title
defects or otherwise resolve a boundary question
in the Mitigation Bank.
4.4.9.4 The grantor of the property or conservation
easement shall provide the following unless the
District determines such items are not necessary
to ensure preservation of the Mitigation Bank
according to the permit:
(a) A survey of the property or the area within the
conservation easement. The survey must be
certified by a land surveyor registered in the State
of Florida as meeting the requirements of the
District, and the minimum technical standards set
forth by the Florida Board of Professional Land
Surveyors in Chapter 61G17-6, F.A.C.. pursuant
to Section 472.027, F.S.
(b) A certified appraisal of the market value of the
property or interest to be conveyed to determine
the appropriate amount of title insurance.
(c) Assurance of the marketability of the interest in
real property being acquired in the form of a
marketable title commitment and owner's title
policy (ALTA Form B) in an amount at least
equal to the fair market value, as established in
subsection 4.4.9.4(b), of the real property. The
coverage, form and exceptions of the title
insurance policy shall ensure that the Mitigation
Bank will be preserved according to the
Mitigation Bank permit.
(d) If a fee simple interest is being conveyed, a Phase
I environmental audit identifying any
environmental problems which may affect the
liability of the District and any additional audits
as are necessary to disclose the presence of any
substance or condition that could subject the
District to liability.


4.4.9.5 The District shall require additional
documentation or actions from the grantor of the
conservation easement or fee interest if such
additional documentation or actions are
necessary to adequately protect the District's
interest in, or the integrity of, the Mitigation
Bank.
4.4.9.6 The grantor shall pay the documentary revenue
stamp tax and all other taxes or costs associated
with the conveyance, including the cost of
recording the deed or easement and any other
recordable instruments required by the District,
unless prohibited or exempt by law, as a
condition of the receipt of the conveyance.
4.4.9.7 All real estate taxes and assessments which are or
which may become a lien against the property
shall be satisfied of record by the grantor before
or at closing. If required by Section 196.295. F.S..
the erantor shall place funds in escrow with the
county tax collector.
4.4.9.8 The grantor shall remove all abandoned personal
property and solid waste from the property that
reduces the proposed ecological value of the
property, will adversely affect the construction,
implementation or management of the bank, or
poses a liability risk to the District, as a condition
of receipt of the conveyance.
4.4.9.9 The grantor shall provide in the conservation
easement that the banker and the District shall
have access to the property to perform all acts
necessary to ensure compliance with the
Mitigation Bank Permit and any permits issued
under this Part.
4.4.9.10 The banker shall record the conservation
easement or property deed within 30 days of
issuance of the Mitigation Bank Permit, or as
otherwise required in the Mitigation Bank
Permit. The banker shall submit to the District a
certified copy of the recorded conservation
easement or property deed within 30 days of
recording.
4.4.10 Financial Responsibility
4.4.10.1 To provide reasonable assurances that the
proposed Mitigation Bank will meet the
requirements of this section and the associated
permit conditions, non-governmental bankers
shall provide proof of financial responsibility for-
(1) the construction and implementation phase of
the bank, and (2) the long term management of


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the bank, as required in this section.
Governmental entities shall provide proof of
financial responsibility pursuant to Section
4.4.10.8. The amount of financial responsibility
provided in the mechanisms required in this
section shall be based on the cost estimates
determined pursuant to Section 4.4.10.6.
4.4.10.2 Financial Responsibility Documentation.
The applicant shall provide draft documentation
of the required financial responsibility
mechanisms described below with the permit
application, and shall submit to the District the
executed or finalized documentation within the
time frames specified in the permit. The
provisions of this section shall also apply for any
modifications to the Mitigation Bank Permit.
4.4.10.3 General Terms for Financial Responsibility
Mechanisms
In addition to the specific provisions regarding
financial responsibility mechanisms for
construction and implementation in subsection
4.4.10.4 and long term management in subsection
4.4.10.5, the following terms shall be complied
with:
(a) The financial mechanisms shall name the District
as sole beneficiary or shall be payable to the
District. If the financial responsibility mechanism
is of a type which is retained by the beneficiary
according to industry standards, it shall be
retained by the District.
Lb 'The financial institution issuing or maintaining
the financial responsibility mechanism must have
the legal authority to conduct such operations and
must be regulated and examined by a Federal
agency or the State of Florida. If insurance is
provided to the financial institution by a Federal
agency, the amount of insurance shall not be less
than the amount of financial responsibility
required by this section. Surety or guarantee
bonds must be issued by a surety company
registered with the State of Florida.
(c) No person shall withdraw or transfer any portion
of the monies provided for financial
responsibility without first obtaining prior written
approval from the District, which shall be granted
provided that such withdrawal or transfer does
not reduce the amount of financial responsibility
below the cost requirements in Sections
4.4.10.4(c) and 4.4.10.5(b), as applicable.


(d) The financial responsibility mechanisms shall not
expire or terminate prior to completion of the
applicable permit conditions.
(e) The financial responsibility mechanisms shall not
be terminated or cancelled by the banker. Within
90 days of receipt of a notice of cancellation of a
financial responsibility mechanism or other
actual or constructive notice of cancellation, the
banker shall provide an alternate financial
responsibility mechanism which meets the
requirements of this section.
f1 If the Mitigation Bank has failed to comply with
the terms and conditions of the permit, the
District upon reasonable notice may draw upon
the financial mechanism.
4.4.10.4 Financial Responsibility for Construction and
Implementation *
(a) No financial responsibility shall be required
where the construction and implementation of the
Mitigation Bank, or a phase thereof, is completed
and successful prior to the withdrawal of any
credits.
(b) Financial responsibility for the construction and
implementation of each phase of the Mitigation
Bank may be established by guarantee bonds,
performance bonds, insurance certificates,
irrevocable letters of credit, trust fund
agreements, or securities. If bonds or an
irrevocable letter of credit are used as the
financial mechanism, a standby trust fund shall
be established, in a form meeting standard
industry practices, in which all payments under
the bonds or letter of credit shall be directly
deposited.
(c) The amount of financial responsibility
established shall equal the cost of construction
and implementation of each phase of the
Mitigation Bank which is being implemented,
pursuant to Section 4.4.10.6. When a current
phase has been completely constructed,
implemented and is trending towards success
according to the terms of the permit, the
respective amount of financial responsibility
shall be released.
Ld) The financial responsibility mechanism shall
become effective at least 60 days prior to
initiation of construction of the next phase of the
Mitigation Bank, or as otherwise required by the


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4.4.10.5


Mitigation Bank permit prior to initiation of
implementation and construction of the subject
phase.
Financial Responsibility for the Long Term


Management
(a) A banker shall establish a trust fund agreement to
provide financial responsibility for the long term
management of the Mitigation Bank. or phase
thereof. Trust fund agreements shall be submitted
in a format which meets standard industry
practices.
(b) The amount of financial responsibility shall equal
the cost of lone term management, pursuant to
Section 4.4.10.6, for all previously constructed
phases and the current phase for which credits
have been approved for withdrawal.
(c) The trust fund agreement shall be effective and
fully funded at least 60 days prior to the
withdrawal of credits from the Mitigation Bank,
or phase thereof, or as otherwise provided in the
Mitigation Bank Permit prior to the withdrawal
of credits.
4.4.10.6 Cost Estimates
(a) For the purposes of determining the amount of
financial responsibility that is required in this
section, the banker shall submit a detailed written
estimate, in current dollars, of the total cost of
construction and implementation and long term
management of the Mitigation Bank.
(b) The cost estimate for construction and
implementation shall include all costs associated
with completing construction and
implementation of the Mitigation Bank. or phase
thereof, including earthmoving. planting,
structure installation, consultant fees, monitoring
activities and reports.
(c) The cost estimate for the long term management
of the Mitigation Bank shall be based on the costs
of maintaining and operating any structures,
controlling nuisance or exotic species, fire
management, consultant fees, monitoring
activities and reports, and any other costs
associated with long term management. The
amount of financial responsibility shall equal the
cost of long term management for all previously
constructed phases and the current phase for
which the withdrawal of credits is imminent.


(d) The banker shall submit the estimates, together
with verifiable documentation, to the District
alone with the proof of financial responsibility.
Le) The costs shall be estimated based on a third
party performing the work at the fair market
value of services. The source of any cost
estimates shall be indicated.
4.4.10.7 Cost Adjustments
(a) The banker shall, every two years, adjust the
amount of financial responsibility provided for
construction, implementation, and long term
management. Every two years the banker shall
submit to the District a cost adjustment statement
accompanied by supporting documentation.
Construction, implementation, and long term
management costs shall be listed separately. The
District shall review the cost adjustment
statement and supporting documentation to
determine if it reflects all construction,
implementation, and lone term management
costs. The District shall approve the cost
adjustment statement if all such costs are
reflected.
(b) At each cost adjustment, the banker shall revise
the construction and implementation cost
estimate for inflation and changes in the costs to
complete the current phase of the Mitigation
Bank.
(c) At each cost adjustment, the banker shall revise
the long term management cost estimate for
inflation and changes in the costs to carry out the
long term management conditions of the permit.
(d) Revised cost estimates shall be used as the basis
for modifying the financial mechanism. If the
value of the financial mechanism is less than the
total amount of the current construction and
implementation and lone term management cost
estimates, the banker shall, upon District
approval of the cost adjustment statement,
increase the value of the financial mechanism to
reflect the new estimate within 60 days. If the
value of the funding mechanism is greater than
the total amount of the current cost estimate, the
banker may reduce the value of the funding
mechanism to reflect the new estimate upon
receiving District approval of the cost adjustment
statement.


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(e) The District shall require adjustment of the
amount of financial responsibility provided for
construction, implementation or long term
management at times other than the cost
adjustment period when the costs associated with
compliance with the permit conditions exceed the
current amount of financial responsibility and
such financial assurances are deemed necessary
to ensure compliance with the permit conditions.
4.4.10.8 Financial Responsibility for Governmental,
Non-Department, Mitigation Banks
(a) Governmental entities other than the Department
shall demonstrate that they can meet the financial
responsibility requirements for construction and
implementation in Section 4.4.10.4 by any of the
mechanisms in Section 4.4.10.4 above, or by
other financial mechanisms which meet the
requirements of this section.
(b) Governmental entities other than the Department
shall establish a trust fund for the long term
management of the Mitigation Bank in
accordance with Section 4.4.10.5 above. The
trust fund agreement for long term management
may be funded as Mitigation Credits are
withdrawn, provided that the trust fund
agreement is fully funded when all Mitigation
Credits are withdrawn. Governmental entities
shall comply with the cost adjustment provisions
in Section 4.4.10.7.
4.4.11 Mitigation Bank Permit and Mitigation Bank
Conceptual Approval
If the Mitigation Bank proposal meets the criteria
in this section, the District shall issue either a
Mitigation Bank Permit or a Mitigation Bank
Conceptual Approval to the banker.
4.4.11.1 The Mitigation Bank Permit authorizes the
implementation and operation of the Mitigation
Bank and sets forth the rights and responsibilities
of the banker for the implementation,
management, maintenance and operation of the
Mitigation Bank. The Mitigation Bank Permit
shall include the following:
(a) A description of the Mitigation Service Area.
(b) The maximum number of Mitigation Credits
available for use when the Mitigation Bank, or
phase thereof, is deemed successful, the type of
Mitigation Credits awarded, and the number and
schedule of Mitigation Credits available for use
prior to success.


(c) The success criteria by which the Mitigation
Bank will be evaluated.
(d) The financial responsibility mechanisms) which
must be employed by the banker including the
procedure for drawing on the financial
mechanisms by the District, and provisions for
adjustment of the financial responsibility
mechanism.
Le) Requirements for the execution and recording of
the conservation easement or conveyance of the
fee interest as provided in section 4.4.9.
(f) A ledger listing Mitigation Credits available in
the Mitigation Bank.
(.g) A schedule for implementation of the Mitigation
Bank, and any phases therein.
(h) The long term management requirements for the
Mitigation Bank.
4.4.11.2 A Mitigation Bank Perhit shall automatically
expire five years from the date of issuance if the
banker has not recorded a conservation easement
or conveyed fee simple interest, as appropriate,
over the real property within the Mitigation
Bank, or phase thereof, in accordance with the
Mitigation Bank Permit, or, when no property
interest is required to be recorded, the Mitigation
Bank Permit shall automatically expire if no
construction has been commenced pursuant
thereto. Except as provided above, a Mitigation
Bank Permit shall be perpetual unless revoked or
modified.
4.4.11.3 A Mitigation Bank Conceptual Approval
estimates the legal and financial requirements
necessary for the Mitigation Bank, information
necessary for evaluation of the Mitigation Bank
Permit application, and potential Mitigation
Credits to be awarded pursuant to the Mitigation
Bank Permit. The Mitigation Bank Conceptual
Approval does not authorize the use or
withdrawal of Mitigation Credits, or any
construction within the Mitigation Bank. The
level of detail provided in the Mitigation Bank
Conceptual Approval will depend on the level of
detail submitted with the application. A
Mitigation Bank Conceptual Approval shall be
valid for a term of five years from the date of
issuance.
4.4.12 Surrender Transfer, or Modification of
Mitigation Bank Permits


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4.4.12.1 A banker may apply to surrender a Mitigation
Bank permit, or permitted phase thereof, by
submitting a written request to the District. The
written request must identify which phase of the
Mitigation Bank will be surrendered, indicate the
extent of mitigation work performed in that
phase, and describe the conservation property
interest encumbering that phase. The District
shall authorize release from a Mitigation Bank
permit when no credits have been sold and
relinquishment of the phase would not
compromise the ecological value of the
remaining portions of the Mitigation Bank.
4.4.12.2 If a property interest has been conveyed as
provided in Section 4.4.9 for a Mitigation Bank
permit which is surrendered as provided in
Section 4.4.12.1 above, the District shall convey
the property interest back to the grantor of that
interest.
4.4.12.3 If a surface water management system has been
constructed or altered within the Mitigation
Bank, the banker shall obtain any permits
required pursuant to Chapters 40E-4, 40E-40,
40E-41 and 40E-400, F. A. C., to abandon the
surface water management system.
4.4.12.4 To transfer a Mitigation Bank Permit, the banker
shall meet the requirements of Rule 40E-1.6107,
F.A.C., and the entity to which the permit will be
transferred must provide reasonable assurances
that it can meet the requirements of sections 4.4.9
and 4.4.10.
4.4.12.5 A Mitigation Bank Permit can be issued as a
modification of a Mitigation Bank Conceptual
Approval.
4.4.13 Department of Environmental Protection
Mitigation Banks
The Department may construct, operate, manage,
and maintain a Mitigation Bank pursuant to this
section after obtaining a Mitigation Bank Permit
from the District.
4.4.13.1 The Department may apply to establish a
Mitigation Bank by submitting a Mitigation Bank
plan which meets the applicable permitting
criteria of this section, in one of the following
formats:


(a) A Mitigation Bank plan identifying one or more
parcels of lands to be acquired for mitigation
sitess.
(b) A Mitigation Bank plan identifying one or more
parcels of land in which the Department has a
legal or equitable interest.
4.4.13.2 The Department shall maintain the land within
the Regional Mitigation Bank pursuant to the
terms of the Mitigation Bank Permit. Any change
in the land use shall require a modification of the
Mitigation Bank Permit.
4.4.13.3 Notwithstanding any other provision of this
Chapter, the Department may sell, transfer, or use
Mitigation Credits prior to acquiring the
proposed mitigation site as set forth in its
Mitigation Bank Permit.
4.4.13.4 Department Financial Responsibility. A portion
of the funds contributed to a Department
Mitigation Bank from the sale of credits shall be
dedicated for the construction and
implementation of the Mitigation Bank, and a
portion of the funds shall be dedicated for the
long-term management of the bank as set forth in
the Mitigation Bank Permit. Funds derived from
the sale of Mitigation Credits which are not
necessary for the construction, implementation,
and long-term management of a Department
Regional Mitigation Bank shall be dedicated for
the initiation of other Department Mitigation
Banks, or expansion of other Department land
acquisition or restoration projects which improve
regional ecological conditions.
4.4.13.5 Procedures for Establishment of Mitigation
Banks
Mitigation Banks established by the Department
shall be permitted pursuant to the procedures
encompassed in the Operating Agreement
Concerning Regulation Under Pan IV, Chapter
373, F.S. adopted by reference in Section
40E-4.091, F.A.C.
4-4 Sit. Inspection for A d.erse Impacts
If neessZary; Staff will independently inspect tho
site te deter environmental features.
Advers impactswill nt be rep ortoed
concluded without a site insncctien.


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F tovuu ml urse t sra vure es 1r.7














.r'












FIGURE 4.4 ll-i1
+-



S
~ ~=; ~ r, n ".: ,,-
::::: --r ,
:-:--: S+c+
soy





'T
Oexe
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FIGURE 4.4-1,-.,





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4.

















4.


4.5


Formal Determination of the Landward Extent of
Wetlands and other Surface Waters -
Pursuant to subsection 373.421(2). F.S.. the
Governing Board has established a procedure by
which a real property owner, an entity that has the
power of eminent domain, or any person who has
a legal or equitable interest in real property may
petition the District for a formal determination
for that property. A formal wetland determination
means the District will determine the locations on
the property of the landward extent (boundaries)
of the wetlands and other surface waters defined
by Chapter 17-340, F.A.C., as ratified in Section
373.4211. F.S.
5.1 Procedure
To petition for a formal determination, the
petitioner must submit to the District the
following:
(a) four copies of completed Form No. 0972,
including copies of all items required by the
form, and
(b) the appropriate non-refundable formal
determination fee pursuant to section 40E-1.607,
F.A.C. Within 30 days of receipt of a petition for
a formal determination, the District shall notify
the petitioner of any missing or insufficient
information in the petition documentation
submitted which may be necessary to complete
review of the petition.
The District shall complete the determination and
shall issue a notice of intended agency action
within 60 days after the petition is deemed
complete. The District shall publish the notice of
intended agency action on the petition in a
newspaper of general circulation in the county or
counties where the property is located.
Sections 120.57 and 120.59, F.S., apply to formal
determinations made pursuant to this section.
Any person whose substantial interests will be
affected by the District's proposed action on the
petition may request an administrative hearing on
the proposed action pursuant to section
40E-1.511, F.A.C. If no request for an
administrative hearing is filed, the Executive
Director will then take final action on the petition
for the formal determination.
The Executive Director will only issue a formal
determination if the petitioner has satisfied all the
requirements of section 4.5. A person requesting


3094 Section II Proposed Rules


a formal determination may withdraw the petition
without prejudice at any point before final agency
action.
5.2 Types of Formal Determinations
A petitioner can request a formal determination
consisting of a certified survey, an approximate
delineation, or combinations thereof, as described
below.
(a) The survey of the extent of wetlands and other
surface waters shall be certified pursuant to
chapter 472. F.S., to meet the minimum technical
standards in chapter 61G17-6, F.A.C. A
petitioner seeking a certified surveyed
delineation shall have a land surveyor registered
in the State of Florida survey the verified
boundaries of wetlands and other surface waters,
and shall have the surveyor or surveyor's
representative accompany the District
representative on the delineation verification
described in subsection 4.4.3. The certified
survey shall also contain a legal description of,
and acreage contained within, the boundaries of
the property for which the determination is
sought. The boundaries of wetlands and other
surface waters shall be witnessed to the property
boundaries, and shall be capable of being
mathematically reproduced from the survey. The
petitioner shall submit five copies of the survey,
along with five copies of the survey depicted on
aerial photographs, to the District to complete the
petition.
(b) An approximate delineation shall consist of a
boundary produced by using global positioning
system (GPS), a boundary drawn on rectified
aerial photographs, a geo-reference image
produced from a boundary drawn on a
non-rectified aerial photograph, or any
combination thereof.
(1) A range of variability shall be determined for all
approximate delineations by comparing a number
of specific boundary points indicated on the
aerial photograph, or located by GPS, to field
located boundary points. The District shall
determine the number and location of comparison
sites using the total linear feet of delineated
boundary such that the total number of sites
reflects at least one site for every 1000 feet of
delineated boundary. No fewer than three
boundary point comparisons shall be performed


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F~lord diitaieWel oue2,Nme 8 a ,19


for each approximate delineation. For GPS
approximate delineations, the petitioner shall
conduct a specific purpose survey, as defined in
chapter 61G17-6, F.A.C.. to show the relationship
of field located boundary points to the GPS
located boundary points. The range of variability
shall be the greatest deviation measured at the
comparison boundary points. An approximate
delineation method cannot be used if the range of
variability is equal to or greater than plus or
minus 25 feet.
(2) An aerial photograph shall serve as the basis for
an approximate delineation only when the aerial
photograph accurately depicts the boundaries of
the wetlands and other surface waters by a clear
expression of vegetative or physical signatures as
verified by ground truthing. If a submitted aerial
photograph does not provide an accurate
depiction, then the landward extent of wetlands
and other surface waters shall be delineated by
flagging the boundary, and the formal
determination shall be produced using GPS or a
certified survey.
(3) Following any verification and adjustment as
required in subsection 4.4.3, the petitioner shall
submit five copies of the following to complete
the petition: a hand drawn delineation on a
rectified aerial photograph: the geo-referenced
image of the delineation and aerial photograph
with the delineation: or the GPS depiction of the
delineation on an aerial photograph.
(4) When a subsequent permit application includes
regulated activities within 200 feet of the
landward extent of the range of variability of an
approximate delineation at a given location, the
applicant shall establish in the field the exact
boundary of the wetlands and other surface
waters at that location.
4.5.3 Locating the Surface Waters and Wetlands
Boundary Line
If the property is 10 acres or greater in size, the
petitioner or petitioner's agent shall initially
delineate the boundaries of wetlands and other
surface waters by either flagging the boundary
for a certified survey or GPS, or estimating the
extent of wetlands and other surface waters on
aerial photographs, prior to the District's
inspection of the site. A District representative
will then verify the location of the boundary line


4.5.4










4.5.5



























4.5.6


and indicate to the petitioner any necessary
adjustments in the initial delineation needed to
reflect an accurate boundary. For properties less
than 10 acres in size, the petitioner is not required
to approximate the delineation.
Duration
The formal determination shall be binding for
five years provided physical conditions on the
property do not change so as to alter the
boundaries of wetlands and other surface waters
during that period. The Governing Board may
revoke a formal determination upon a finding that
the petitioner has submitted inaccurate
information to the District.
Formal Determinations for Properties with an
Existing Formal Determination
Within sixty days prior to the expiration of a
formal determination, the property owner, an
entity that has the power of eminent domain, or
any other person who has a legal or equitable
interest in the property may petition for a new
formal determination for the same parcel of
property and such determination shall be issued.
approving the same extent of surface waters and
wetlands in the previous formal determination, as
long as physical conditions on the property have
not changed, other than changes which have been
authorized by a permit pursuant to this part, so as
to alter the boundaries of surface waters or
wetlands and the methodology for determining
the extent of surface waters and wetlands ratified
by Section 373.421, F.S. has not been amended
since the previous formal determination. The
application fee for such a subsequent petition
shall be less than the application fee for the
original determination.
Nonbinding Determinations
The District may issue informal nonbinding
pre-application determinations or otherwise
initiate nonbinding determinations on its own
initiative as provided by law.
Classification f f Enir.. mental Fetu e-
The feewing categorization of en'iromTnte
feeturs will be used by the Staff in ealuating



wftatcfr racurcas of the District, such as:


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Wetlands habitat except these previously 440
impaLted by drainage, land cleaing. eath work


(excluding unauthonzea activities), or tnose
which have been invaded by exotic species and
are in a state of environmental decay.
Natural waterbodics.
Environmental features which may be indirectly
related to the water resources of the Distict, such
fify.
as:
Intermittent ponds.
Significant habitat diversity support systems.
such as productive mixed upland and wetland
systems with appropriate buffer areas.
Environm mental features which are not related to
the water resources of the District, such as:
Unique upland habitats, usually consisting of
tropical hardwood tree hammocks, scrub
communities, and beach dunes.
Prefelred habitat for rare or endangered species
ef plants or animals wvill be identified.
Assessment of Actual Impacts
The actual impact resulting from changes to the
natural site will be predicted by considering the
existing natural system as altered by the proposed
pfrject It is recognized that the variety of actions
asseeiated with a project may result in both
positive and negative environmental impacts.
The Stff therefore, will balance both the positive
and negative impacts of the project to achieve a
reasonable degree of protection for significant
environmental features consistent -wrth the
overall protection of the water resources of the

Viable Wetlands Preservation
Viable wetlands and appropriate bufr areas
shall be preserved. Manmade wetlands (in on site
uplands or impacted wetlands) of equivalent
productivity may be created to replace natural
wetlands.
Habitat Diversity Systems
Natural systems composed of distinct upland
wetland systems shall be preserved where it is
evident that the two are interdependent.
Centralized Preservation Areas
Smaller isolated wetlands disturbed and "traded
off in certain instances for larger combination
upland/wetland systems, where equivalent
system eroeluctivity can be achieved.


3096 Section I Proposed Rules


Lake Wetland Separation
Lakes which potentially may adversely affect
wetland areas shall be separated from the wetland
prsr..ation. creation, or restoration areas by a
minimum distance as determined by the
following criteria:
A separation distance (shortnest distance between
thb wetland jurisdictional line and the edge of
water in the proposed water body at the proposed
control elevation) producing a gadient less than
or equal to 0.005 using the difference in the
elevation of the jurisdictional boundary of the

calculate the driving head. Staff will consider
elevatior .differing from the jurisdictional
boundary of thc wetland to calculate the driving
head. The applicant will be required to submit
monitoring data or other relevant hydrologic data
from the site to substantiate th reason. for using a
different sta;ning elevation. Existing conditions
alone will not be considered sufficient reason to
use a different elevation if there is evidence that
activities on or adjacent to the project site may be
responsible for lowering water tables wviich may
be currently having an adverse impat on the
subject wetlands. In these cases, preservation of
the wetlands cannot be assured by simply
maintaining the existing conditions.
If the gradient resulting from any separation
distanee and the driving head as defined above is
between 0.005 and 0.015, then calculations will
be required which demonstrate that the
drawdown in the adjacent wetland(9) will be of a
magnitude which will not result in adverse
impact on the wetland. A drawdown of more
than 12 vertical inches in a 90 day period with no
recharge shall be presumed to be an adverse

If the gradient is equal to or greater than 0.015,
then construction of an impermeable barrier or
etheFr equivalent action must be taken to mitigate
fer the impact of the proposed excavnation
between the wetland and the excavation.
The District will review modelling results which
demonstrate that a gradient equal to or greater
than 0.015 will not have an adverse impact on the
adjacent wetland. A detailed seil profile
constructed from a minimum of three separate
sampling locations with permeability testing


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5.0
5.1
No change.
5.2
5.2.1
No change.


roeult-or n zelted sample. Tweo dimensional
modelling may be neceadry to represent the site
geometry-
WATER QUALITY CRITERIA
State Standards -


Retention / Detention Criteria -
Volumetric Requirements


5.2.2 Land Use and Coverage Criteria
A. No change.
B. Projects having greater than 40% impervious area
and which discharge directly to the following
receiving waters shall provide at least one half
inch of dry detention or retention pretreatment as
part of the required retention/detention.
Receiving waters being addressed are:
1. through 3. No change.
4. Other areas, such as the Savannas in St. Lucie
and Martin Counties; the Six Mile Cypress
Strand; the Big Cypress area of Collier County;
and lands acquired by the District pursuant to
Section 373.59, Florida Statutes, Water
Management Lands Trust Fund (Save Our
Rivers); mitigation banklands, as set forth in
Section 4.4, Appendi*x to "Basis of Review for
Environmental Resource Surfae '-Vat1r
Management Permit Applications within South
Florida Water District" June Mareh, 1994.
5. and 6. No change.
C. through E. No change.
5.3 Incorporation of Natural Areas and Existing
Water Bodies -
5.3.1 Natural Water Bodies and Existing Water Bodies
Natural areas and existing water bodies may be
used for retention/detention purposes when not in
conflict with environmental (see subsection
4.2.2.4), water quality, (see Sections 4.2.4 -
4.2.4.5 4"0 herein) or public use considerations.
Candidate areas for such purposes include:
A. Previously degraded areas,
B. Man made areas such as borrow pits, for
example,
C. Extensive areas which have the ability to absorb
impacts easily,
D. Areas incorporated into a system with mitigation
features.
5.4 Underground Exfiltration Systems -


No change.
5.5
No change.
5.6
No change.
5.7
No change.
5.8
No change.


Sewage Treatment Percolation Ponds -


Criteria for Creation of Water Bodies -


Impervious Areas -


Stagnant Water Conditions


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5.9 Water Quality Monitoring -
All new drainage projects will be evaluated based
on the ability of the system to prevent
degradation of receiving waters and the ability to
conform to State water quality standards (see
Chapters 17-3, 17-4 and 17-302 F.A.C. Floride
Adrtiristrative Copd).
5.9.1 A. No change.
B. No change.
5.9.2 through 5.10 No change.
6.0 WATER QUANTITY CRITERIA
6.1 through 6.11 No change.
6.12 Lake-Wetland Separation -
Lakes which potentially may adversely affect
wetland areas shall be separated from the wetland
preservation, creation, or restoration areas by a
minimum distance as determined by the
following criteria:
A. A separation distance (shortest distance between
the wetland jurisdictional line and the edge of
water in the proposed water body at the proposed
control elevation) producing a gradient less than
or equal to 0.005 using the difference in the
elevation of the jurisdictional boundary of the
wetland and the basin control elevation to
calculate the driving head. Staff will consider
elevations differing from the jurisdictional
boundary of the wetland to calculate the driving
head. The applicant will be required to submit
monitoring data or other relevant hydrologic data
from the site to substantiate the reason for using a
different starting elevation. Existing conditions
alone will not be considered sufficient reason to
use a different elevation if there is evidence that
activities on or adjacent to the project site may be
responsible for lowering water tables which may
be currently having an adverse impact on the










Florida Administratii'e Weekly Volume 20, Number 18, May 6, 1994


subject wetlands. In these cases, preservation of
the wetlands cannot be assured by simply
maintaining the existing conditions.
B. If the gradient resulting from any separation
distance and the driving head as defined above is
between 0.005 and 0.015. then calculations will
be required which demonstrate that the
drawdown in the adjacent wetlands) will be of a
magnitude which will not result in adverse
impacts on the wetland. A drawdown of more
than 12 vertical inches in a 90-day period with no
recharge shall be presumed to be an adverse
impact.
C. If the gradient is equal to or greater than 0.015,
then construction of an impermeable barrier or
other equivalent action must be taken to mitigate
for the impact of the proposed excavation
between the wetland and the excavation.
D. The District will review modelling results which
demonstrate that a gradient equal to or greater
than 0.015 will not have an adverse impact on the
adjacent wetland. A detailed soil profile
constructed from a minimum of three separate
sampling locations with permeability testing
results on selected samples. Two-dimensional
modelling may be necessary to represent the site
geometry.
6.1364-1 Water Supply Sources -
No change.
7.0 WATER MANAGEMENT SYSTEM DESIGN
AND CONSTRUCTION CRITERIA
7.1 through 7.3 No change.
7.4 Wet Retention/Detention Area Dimensional
Criteria (As Measured at or from the Control
Elevation) -
A. Area 0.5 acre minimum
B. Width 100 feet minimum for linear areas in
excess of 200 feet length. Irregular shaped areas
may have narrower reaches but shall average at
least 100 feet.
(Note: The applicant may seek a waiver of aren
and width requirements upon a showing t, t the
projectt i. to b operated and maintained by:,
i: single owner entity, or
erntiti es ith full time maintenance staff %with an
obvious inr.trst in maintain.ing the areasn fa
water quality purposes (for example:- gelf
eetwqes)


C. Depth Shallow. littoral areas are desirable for
water quality enhancement purposes. Such areas
are defined for purposes of this criteria as the
portion of wet retention/detention bodies
shallower than 6 feet as measured from below the
control elevation. The minimum shallow, littoral
area shall be the lesser of 20 percent of the wet
retention/detention area or 2.5percent of the total
of the retention/detention area (including side
slopes) plus the basin contributing area. It is
recommended that 25 to 50 percent of the wet
retention/detention area be deeper than 12 feet.
D. Side slopes for purposes of public safety,
water quality enhancement and maintenance, all
wet retention/detention areas shall have side
slopes no steeper than 4:1 (horizontal: vertical)
out to a depth of two feet below the control
elevation, or an equivalent substitute. Side slopes
shall be top soiled, nurtured or planted from 2
feet below to 1 foot above control elevation to
promote vegetative growth. Littoral zone
vegetation growth survival shall be a
consideration of operation permit issuance.
E. Bulkheads Bulkheads shall be allowed for no
more than 40 percent of the shoreline length, but
compensating littoral zone must be provided
based on appropriate maximum allowable side
slope including local government requirements.
Maintenance Access and Easements -


No change.
7.6
No change.
8.0

No change.


9.(
9.


Exfiltration Systems -

REQUIRED DESIGN INFORMATION AND
ASSUMPTIONS


0 OPERATING ENTITY REQUIREMENTS
1 General Requirements -
A. The District considers the following entities
acceptable to satisfy permit limiting condition
40E-4.381(l)(h).
1. through 3. No change.
4. The property owner or developer as Permittee is
normally not acceptable as a responsible entity if
especially when the property is to be sold to
various third parties. However, the property
owner or developer will be acceptable under one
of the following circumstances:


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7.'











Flrd diitaieWel oue2,Nme 8 a ,19


a. The property is wholly owned by said Permittee
and is intended to be so retained. This would
apply to a farm, corporate office or single
industrial facility for example.
b. The ownership of the property is retained by the
Permittee and is either leased or rented to third
parties such as in the case of most shopping
centers, apartments or mobile home park lots.


B.
9.2 through
10.0


No change.
9.2.6 No change.
SURFACE WATER MANAGEMENT SYSTEM
CERTIFICATION AND OPERATION


No change.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Steve Lamb, Director, Regulation Department
NAME OF SUPERVISOR OR PERSON WHO APPROVED
THE PROPOSED RULE: South Florida Water Management
District Governing Board
DATE PROPOSED RULE APPROVED: April 14, 1994

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
RULE TITLES: RULE NOS.:
Policy and Purpose 40E-40.011
Definitions 40E-40.021
Implementation 40E-40.031
Permit Thresholds 40E-40.041
Standard General Permit for Incidental
Site Activities 40E-40.042
Standard General Permit Authorization 40E-40.051
Delegation of Environmental Resource
Permitting to Local Government 40E-40.061
Publications and Interagency Agreements
Incorporated by Reference 40E-40.091
Content of Permit Application 40E-40.101
Notice of Intent 40E-40.112
Request for Additional Information 40E-40.141
Conditions for Issuance of Permits 40E-40.302
Duration of Permits 40E-40.321
Modification of Permits 40E-40.331
District Revocation or Modification
of Permits 40E-40.341
General Conditions 40E-40.381
Forms and Instructions 40E-40.391
Permit Application Processing Fees 40E-40.407
PURPOSE AND EFFECT: The proposed changes to Chapter
40E-40 are part of the comprehensive environmental
regulatory scheme established by Part IV of Chapter 373
Spursuant to the Florida Environmental Reorganization Act of
1993. These revisions establish requirements for
environmental resource standard general permits for certain


systems and set forth the conditions under which they may be
exercised. The revisions also establish procedure for qualifying
for standard general permits for incidental site activities in
uplands, and clarify the conditions under which such activities
may be conducted.
SUMMARY: These revisions establish permit thresholds for
non-exempt systems which do not qualify for no notice or
noticed general permits, and establish requirements to obtain a
Standard General Permit for Incidental Site Activities which
are undertaken in conjunction with work set forth in an
individual permit. Provisions concerning conditions for
issuance of an environmental resource standard general permit,
and their duration, modification, transfer or revocation have
been revised to be consistent with the streamlined permitting
process established by Part IV of Chapter 373.
SPECIFIC AUTHORITY: 120.54(8), 373.044, 373.046,
373.113, 373.118, 373.149, 373.171, 373.413(1), 373.414,
403.812, F.S.
LAW IMPLEMENTED: 120.52(16), 120.53(1), 120.54(8),
120.60(2), 120.60(6), 373.019, 373.046, 373.085, 373.103,
373.106, 373.109, 373.116, 373.117, 373.118, 373.229,
373.403, 373.406(5), 373.413, 373.414, 373.416, 373.419,
373.426, 373.429, 373.441, Part IV, Ch. 373, 403.031(16),
704.06, F.S.
A HEARING WILL BE HELD AT THE TIME, DATE AND
PLACE SHOWN BELOW:
TIME AND DATE: 9:00 A.M., June 9, 1994
PLACE: South Florida Water Management District
Headquarters, Auditorium, 3301 Gun Club Road, West Palm
Beach, Florida
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE AND ECONOMIC STATEMENT IS: Jim
Drosakis, Rules Analyst, South Florida Water Management
District, Post Office Box 24680, West Palm Beach, FL
33416-4680.

THE FULL TEXT OF THE PROPOSED RULES ARE:

40E-40.011 Policy and Purpose.
(1) The rules in this chapter authorize environmental
resource standard great general permits for certain specified
surface water management systems which have been
determined to be not harmful to the water resources of the
District and to be not inconsistent eensistent with the
objectives of the District. This chapter The purpose of thiz
ehapter-ies t sets forth the requirements for qualifying for a
standard general permit and the conditions under which it may
be exercised. Unless expressly exempted by Rule 40E-4.051,
F.A.C. Nen exempt surface water management systems which
do not qualify for a no notice or noticed general permit


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pursuant to Chapter 40E-400, F.A.C., and which do not qualify
for a standard general permit pursuant to this chapter ttet
qualif,,,ig fr a general p-m- u.der this chapter are required
to obtain individual environmental resource permits pursuant
to Chapter 40E-4, F.A.C.
(2) The District reserves the tight to require an individual
permit application for any environmental resource suefaee
water management system that which does not comply with the
provisions of this chapter, or which the Distict determines
d.ig the. course of its r.evie.w is potentially is harmful to the
water resources of the District-; is potentially an interference
..ith the legal rights of others, is not potentially inconsistent
with the overall objectives of the District;;--e is peteftfilly
contrary to the provisions of Chapter 373. F.S.: or for which a
substantial obiection(s) has been received public interest.
(3) The rules in this chapter also authorize standard grant
general permits for incidental site activities in uplands which
may be done in conjunction with the work set forth in an
individual environmental resource construction or oer-ati
permit application. Projects qualifying for a sieh pre e perit
aitherizatine standard general permits for incidental site
activities shall must still obtain an individual environmental
resource cntructin or operation permits for the proposed
system and activities in, on, or over wetlands or other surface
waters in accordance with this chapter, Chapters 40E-4 or
40E-400 F.A.C.
Specific Authority 373.044, 373.113, 373.118, 373.413(1) FS. Law
Implemented 373.10 (). 373.118, 373.413(1), 373.416, 373.419 3732. 9 FS.
History-New 9-3-81, Formerly 16K-4.021(1)(d), 16K-4.022(1)(e), Amended
7-31-87, 4-20-94, .

(Substantial Rewording of Rule 40E-40.021. See Florida
Administrative Code for present text).
40E-40.021 Definitions.
As used in this chapter, all terms shall mean the same as
defined in Chapter 373, F.S., and Rule 40E-4.021, F.A.C.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.019
-73.03(), 373.403 373.413, 373.416, 373.419, 403.031(16), 403-.03(3
704.06 FS. History-New 9-3-81, Amended 12-1-82, 7-31-87, 4-20-94,


40E-40.031 Implementation.
(1) Rule 40E-4.031, F.A.C., This-trule specifies the
effective dates for the environmental resource standard general
sufface water management permits granted in this chapter.
(2) If the surface water management system m ets the
conditions of subsections 40E 10.302(1) through (6), F.A.C.,
the effective date is July 15, 1981.
(3) If the surface water management system meets the
conditions of subsection 40E 40.302(1) and (7), F.A.C., th
n^F~nffdri rlntlpn iq rVppnmhprr I-1 S


(4) If the proposed activities moet tho conditions f
..substions nI0 A40.302(1) and (8) F .A .C. the effective dc i3
Ju!y 31. 198.
(21(5) The rules contained in this cGhapter shall apply to
.will b applied to all new projects which do not have a
complete permit applications, as evidenced by a letter of
completeness from the District prior to the effective date of
these rules, unless the project is grandfathered pursuant to
Section 373.414. F.S. under rule 4E 1.603(9)(a) on the
effective date of this irule. An application deemed complete
prior to the effective date of a rdl shall be governed by the
rules in effect at tho time the application became complete.
Specific Authority 373.044, 373.113, 373.118(1) FS. Law Implemented
373.103(1). 73.416, 373.419 Part IV. Ch. 373 FS. History-New 9-3-81,
Amended 12-1-82, 7-31-87. 4-20-94,__

(Substantial Rewording of Rule 40E-40.041. See Florida
Administrative Code for present text).
40E-40.041 Permit Thresholds Ne Netice General Permit
for Construction Alteration or Operation of Surface Watlr
Management Systems.
(1) The permit threshold for non-exempt systems which do
not qualify for a no notice or noticed general environmental
resource permit are set forth below. Systems which exceed any
one of these threshold conditions shall require an individual
permit pursuant to Chapter 40E-4. F.A.C.
(2) Threshold conditions.
(a) the construction or alteration of a surface water
management system, including dredging and filling, is
proposed in, on, or over a total of one acre or more of wetlands
or other surface waters: or
(b) the system serves a project area of 100 acres or more in
total land area:
(c) the system includes more than nine proposed boat
slips.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.406(5),
373.413(1), 373.416 FS. History-New 4-20-94l Amended

(Substantial Rewording of Rule 40E-40.042. See Florida
Administrative Code for present text).
40E-40.042 Standard General Permit for CGestruetein
Alteration or Operoaton of SurfacoeWater- Management
Systems I-rIncidental Site Activities.
(1) Incidental site activities shall be conducted pursuant to
the requirements of this rule.
(2) For purposes of this rule, "Incidental site activities"
means site activities in uplands which may be conducted in
conjunction with the work set forth in an individual permit
such as: land clearing in uplands: minimal earthwork, lake
construction: road subgrade construction: foundation


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construction; utility installation; fence installation;
construction trailer installation: unconnected drainage facility
construction; or other similar activities.
(3) In order to receive a permit under this rule the
applicant must:
(a) submit an environmental resource permit application
deemed complete, as evidenced by letter of completeness from
the District,
(b) receive a preliminary staff recommendation of
approval of such application, and
(c) provide reasonable assurances that the conditions
specified in Rule 40E-40.302, F.A.C.. have been met.
(4)(a) The permitted shall not construct any works or
engage in any land clearing activities within 50 feet of the
landward extent of wetlands or other surface waters on the
project site.
(b) The permitted shall excavate no closer than 200 feet of
the landward extent of wetlands or other surface waters on the
project site, or as otherwise specified in the permit.
Specific Authority 373.044, 373.113 FS. Law Implemented 120.60(2),
373.103(4), 373.118. 373.413. 373.416, 373.419 FS. History-New 9-3-81,
Formerly 16K-4.021(1), 16K-4.022(1), Amended 12-1-82, 7-31-87, 4-20-94,


40E-40.051 Standard General Permit Authorization.
Standard general environmental resource permit authorizations
are set forth in Rule 40E-4.303. F.A.C.. and are incorporated by
reference in this rule.
Specific Authority 373.044. 373.113 FS. Law Implemented 373.103(2).
373.103(6) FS. History-New

40E-40.061 Delegation of Environmental Resource
Permitting to Local Government.
The Governing Board has delegated to certain local
governments the authority to issue environmental resource
permits within specific threshold conditions, as set forth in
Rule 40E-4.061, F.A.C.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.441 FS.
History-New

(Substantial Rewording of Rule 40E-40.091. See Florida
Administrative Code for present text).
40E-40.091 Publications and Interagency Agreements
Incorporated by Reference.
All publications and interagency agreements incorporated by
reference are set forth in Rule 40E-4.091, F.A.C.
Specific Authority 120.54(8), 373.044, 373.046, 373.113, 373.171, 373.414,
403.812 FS. Law Implemented 120.54(8), 373.046, 373.403, 373.413.
373.414, 373.416, 373.429 FS. History-New 11-15-92, Amended 1-23-94,
4-20-94, __


40E-40.101 Content of Permit Application.
The content requirements for environmental resource permit
applications are set forth in Rule 40E-4.101, F.A.C.. and are
incorporated by reference in this rule.
Specific Authority 373.044. 373.113 FS. Law Implemented 373.117, 373.413.
373.416. 373.426 FS. History-New

40E-40.112 Notice of Intent.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented
373.103(1), 373.118, 373.416, 373.419 FS. History-New 9-3-81, Formerly
16K-4.021(1)(c), 16K-4.022(1)(d), Amended 12-1-82, 7-31-87, 4-20-94,
Repealed

(Substantial Rewording of Rule 40E-40.141. See Florida
Administrative Code for present text).
40E-40.141 Request for Additional Information.
The District may request additional information from standard
general permit applicants in accordance with subsection
40E-1.603(4)(c), F.A.C.
Specific Authority 373.044, 373.113 FS. Law Implemented 120.60(2),
373.416, 373.419 FS. History-New 9-3-81. Amended 4-20-94,

(Substantial Rewording of Rule 40E-40.302. See Florida
Administrative Code for present text).
40E-40.302 Conditions for Issuance of Permits
Aut hrizati n.
In order to qualify for a standard general permit under this
chapter, the applicant must give reasonable assurances that the
surface water management system meets the following general
conditions:
(1) The surface water management system must meet the
criteria specified in Rule 40E-4.301 and 40E-4.302. F.A.C.
(2) The surface water management system must meet the
threshold conditions as set forth in Rule 40E-40.041. F.A.C.
Specific Authority 373.044, 373.113. 373.149, 373.171 FS. Law Implemented
373.046, 373.413 373.416, 373419 FS. History--New 9-3-81, Formerly
16K-4.021(l)(a),(2), 16K-4.022(1)(a),(b), Amended 12-1-82, 7-31-87,
11-15-92, 4-20-94,

(Substantial Rewording of Rule 40E-40.321. See Florida
Administrative Code for present text).
40E-40.321 Duration of Permits.
Unless revoked or otherwise modified, the duration of a
standard general permit authorized pursuant to this chapter is
set forth in Rule 40E-4.321. F.A.C.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.413 373.416,
373.419-2)373.426 FS. History-New 9-3-81, Amended 12-1-82, 7-31-87,
4-20-94 ___

(Substantial Rewording of Rule 40E-40.331. See Florida
Administrative Code for present text).


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40E-40.331 Modification of Permits.
A request for modification of an environmental resource
standard general permit shall be made in accordance with this
chapter, unless the permit has expired or has been otherwise
revoked or suspended. Requests to modify such permits shall
be made:
(1) in accordance with Rules 40E-1.603 and 40.302.
F.A.C.; or
(2) by letter in accordance with Rule 40E-4.331(2)(b),
F.A.C.
Specific Authority 373.044. 373.113 FS. Law Implemented 373.413.
373.416(1) FS. History-New 12-1-82, Amended 4-20-94, __

(Substantial Rewording of Rule 40E-40.341. See Florida
Administrative Code for present text).
40E-40.341 District Revocation or Modification of
Permits.
The Governing Board may revoke a permit in accordance with
the provisions of Chapter 373. F.S., and Chapter 40E-1.609.
F.A.C.
Specific Authority 373.044, 373.113 FS. Law Implemented 120.60(6), 373.429
FS. History-New 9-3-81, Formerly 16K-4.021(1)(e), 16K-4.022(l)(f),
Amended 12-1-82,

(Substantial Rewording of Rule 40E-40.381. See Florida
Administrative Code for present text).
40E-40.381 General Limiting Conditions.
(1) The standard general permits authorized pursuant to
this chapter shall be subject to the general conditions set forth
in Rule 40E-4.381, F.A.C.
(2) In addition to the general conditions referenced in
subsection (1), the following shall apply to standard general
permits authorizing incidental site activities:
(a) The permitted shall not construct any works or engage
in any land clearing activities within 50 feet of the landward
extent of wetlands or other surface waters on the project site.
(b) The permitted shall excavate no closer than 200 feet of
the landward extent of wetlands or other surface waters on the
project site, or as otherwise specified in the permit.
(c) The property must be restored to the satisfaction of the
District if the individual environmental resource permit is
denied or the permitted project is otherwise not in accord with
the incidental site activities authorized herein.
(d) Any damage to off-site property which may have been
caused by the incidental site activities herein must be mitigated
or otherwise offset to the satisfaction of the District.
(e) The activities are commenced at the permitted's own
risk.
(f) The permitted shall proceed to timely obtain the
individual environmental resource permit.


(3) The standard general permit shall be subject to other
reasonable conditions as are necessary to assure that the
permitted works will not be inconsistent with the overall
objectives of the District and will not be harmful to the water
resources of the District.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.117.
373.118, 373.413 373.416, 373.419 FS. History-New 9-3-81. Formerly
16K-4.021(l)(b), 16K-4.022(1)(c), Amended 7-31-87, 4-20-94 _

40E-40.391 Forms and Instructions.
(1) District forms and instructions have been approved by
the Governing Board and are set forth in Rule 40E-1.659,
F.A.C.
(2) Forms and instructions are available at District Service
Centers upon request.
Specific Authority 120.53(1). 373.044. 373.113. 373.118 FS. Law
Implemented 120.52(16). 120.531). 373.085. 373.116, 373.118, 373.103.
373.106. 373.229, 373.413 FS. History-New

40E-40.407 Permit Application Processine Fees.
There shall be a non-refundable permit application processing
fee as specified by Rule 40E-1.607(3), F.A.C.
Specific Authority 373.044. 373.113 FS. Law Implemented 373.109 FS.
History-New

NAME OF PERSON ORIGINATING PROPOSED RULE:
Steve Lamb, Director, Regulation Department
NAME OF SUPERVISOR OR PERSON WHO APPROVED
THE PROPOSED RULE: South Florida Water Management
District Governing Board
DATE PROPOSED RULE APPROVED: April 14, 1994

WATER MANAGEMENT DISTRICT"
South Florida Water Management District
RULE TITLE: RULE NO.:
Publications and Interagency Agreements
Incorporated by Reference 40E-41.091
PURPOSE AND EFFECT: The revision of this rule serves to
cross-reference the new Operating Agreement Concerning
Regulation Under Part IV, Chapter 373, F.S. which is to be
entered into by the District and the Department of
Environmental Protection and referenced in Rule 40E-4.091,
F.A.C. This agreement is necessary to fulfill the legislative
mandate pursuant to the Florida Environmental Reorganization
Act of 1993.
SUMMARY: The amendment of this rule allows the primary
reference for all publications and interagency agreements
incorporated by reference in the District's rules to be located
solely in Rule 40E-4.091. This rule, 40E-41.091, will serve as
a cross-reference to that rule.
SPECIFIC AUTHORITY: 120.54(8), 373.044, 373.046,
373.113, 373.171. 373.414, 403.812, F.S.


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LAW IMPLEMENTED: 120.54(8), 373.046, 373.403,
373.413, 373.414, 373.416, 373.429, F.S.
A HEARING WILL BE HELD AT THE TIME, DATE AND
PLACE SHOWN BELOW:
TIME AND DATE: 9:00 A.M., June 9, 1994
PLACE: South Florida Water Management District
Headquarters, Auditorium, 3301 Gun Club Road, West Palm
Beach, Florida.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE AND ECONOMIC STATEMENT IS: Jim
Drosakis, Rules Analyst, South Florida Water Management
District, Post Office Box 24680, West Palm Beach, FL
33416-4680.

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial Rewording of Rule 40E-41.091. See Florida
Administrative Code for present text).
40E-41.091 Publications and Interagency Agreements
Incorporated by Reference.
All publications and interagency agreements incorporated by
reference are set forth in Rule 40E-4.091. F.A.C.
Specific Authority 120.54(8), 373.044, 373.046, 373.113, 373.171, 373.414,
403.812 FS. Law Implemented 120.54(8), 373.046, 373.403, 373.413,
373.414, 373.416, 373.429 FS. History-New 11-15-92, Amended 1-23-94,
4-20-94

NAME OF PERSON ORIGINATING PROPOSED RULE:
Steve Lamb, Director, Regulation Department
NAME OF SUPERVISOR OR PERSON WHO APPROVED
THE PROPOSED RULE: South Florida Water Management
District Governing Board
DATE PROPOSED RULE APPROVED: April 14, 1994


WATER MANAGEMENT DISTRICTS
South Florida Water Management District
RULE TITLES:
GENERAL PROVISIONS
Definitions
GENERAL ENVIRONMENTAL
RESOURCE PERMITS
Scope of Part II
Policy and Purpose
Processing Procedures for Noticed
General Permits
General Conditions for all no Notice
and Noticed General Permits
No Notice General Environmental
Resource Permits
No Notice General Permit for Minor
Activities in Uplands


IDn TT : TCN


No Notice General Permit for Road Grading
and Pavement Resurfacing
Noticed General Environmental
Resource Permits
General Permit for Installation or
Maintenance of Boat Ramps and
Associated Accessory Docks
General Permit to Florida Game and Fresh
Water Fish Commission for the Alteration
or Maintenance of Existing Boat Ramps
and the Construction or Alteration of
Accessory Docks for Existing Ramps
General Permit for Certain Piers and
Associated Structures
General Permit for Installation of Riprap
General Permit for the Installation of Fences
General Permit for the Construction or
Maintenance of Culverted Driveway
or Roadway Crossings and Bridges of
Artificial Waterways
General Permit to the Florida Department of
Transportation for Minor Bridge
Alteration, Replacement, Maintenance
and Operation
General Permit to the Florida Department of
Transportation for Minor Activities Within
Existing FDOT Rights-of-Way or
Easements
General Permit for Underground Cable,
Conduit, or Pipeline
General Permit for the Construction of
Aerial Pipeline, Cable, and Conduit
Crossings of Certain Waters
General Permit for Subaqueous Utility
Crossings of Artificial Waterways
General Permit for the Construction and
Operation of Culverts and Associated
Water Control Structures in Mosquito


PART I Control Impoundments by Governmental
40E-400.021 Mosquito Control Agencies
General Permit for Breaching Mosquito
SI Control Impoundments by Governmental
Subpart A Mosquito Control Agencies
S4upa01 General Permit for Minor Activities
General Permit to the Department and
40E-4Water Management Districts to Conduct
40E-400.211
Minor Activities
40-40.15 General Permit to the Department and
Water Management Districts for
Su t B Environmental Restoration and
Subpart B
Enhancement

40E-400.315


40E-400.316

Subpart C


40E-400.417





40E-400.419

40E-400.427
40E-400.431
40E-400.437



40E-400.439



40E-400.443



40E-400.447

40E-400.453


40E-400.455

40E-400.457





40E-400.463


40E-400.467
40E-400.475


40E-400.483



40E-400.485


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General Permit to the Department and
Water Management Districts to Change
Operating Schedules for Department or
District Water Control Structures 40E-400.487
General Permit to U.S. Forest Service for
Minor Works within National Forests 40E-400.495
General Permit After Notice for Construction,
Operation, Maintenance, Alteration,
Removal or Abandonment of Minor
Silvicultural Surface Water Management
Systems 40E-400.500
Forms and Instructions 40E-400.900
PURPOSE AND EFFECT: These revised rules implement the
comprehensive environmental regulatory scheme
contemplated by the legislature in Part IV of Chapter 373. Part
I establishes definitions to be used in implementing this
Chapter. Part II provides by rule environmental resource
permits for certain specified activities, and creates notice
provisions and general conditions which attach to all permits
issued under this Chapter.
SUMMARY: The general permits authorized in the new
Chapter 40E-400 are based primarily on existing Department
of Environmental Protection general permits in Chapter
17-312, F.A.C. Additional general permits are granted to the
DEP and the water management districts for environmental
restoration and enhancement projects, to alter operating
schedules for District and Department water control structures
and to conduct certain minor activities. New general permits
are created for construction, operation, alteration, removal and
abandonment of minor silvicultural surface water management
systems, and installation and removal of underground cables,
conduits, or pipelines.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, F.S.
LAW IMPLEMENTED: 373.118, 373.413, 373.416, 373.426,
F.S.
A HEARING WILL BE HELD AT THE TIME, DATE AND
PLACE SHOWN BELOW:
TIME AND DATE: 9:00 A.M., June 9, 1994
PLACE: South Florida Water Management District
Headquarters, Auditorium, 3301 Gun Club Road, West Palm
Beach, Florida
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE AND ECONOMIC STATEMENT IS: Jim
Drosakis, Rules Analyst, South Florida Water Management
District, Post Office Box 24680, West Palm Beach, FL
33416-4680.

THE FULL TEXT OF THE PROPOSED RULES ARE:


40E-400.021 Definitions.
The definitions set forth in section 40E-4.021. F.A.C., shall
apply to this chapter. Additionally, as used in this chapter.
(1) "Canal" means a trench, the bottom of which is
normally covered by water, with the upper edges of its two
sides normally above water.
(2) "Channel" means a trench, the bottom of which is
normally covered entirely by water, with the upper edges of
one or both of its sides normally below water.
(3) "Department" means the Florida Department of
Environmental Protection.
(4) "Drainage ditch" or "irrigation ditch" means a
man-made trench due for the purpose of draining water from
the land or for transporting water for use on the land and is not
built for navigational purposes.
(5) "Dredging" means the excavation, by any means, in
surface waters or wetlands as delineated in Section 373.421(1),
Florida Statutes. It also means the excavation, or creation, of a
water body which is, or is to be, connected to any surface
waters or wetlands as delineated in Section 373.421(1). Florida
Statutes, directly or via an excavated water body or series of
excavated water bodies.
(6) "Endangered species" means those animal species
which are listed in section 39-27.003, F.A.C., and those plant
species which are listed in 50 Code of Federal Regulations
17.12.
(7) "Estuary" means a semi-enclosed, naturally existing
coastal body of water which has a free connection with the
open sea and within which seawater is measurably diluted with
fresh water derived from riverine systems.
(8) "Filling" means the deposition, by any means, of
materials in surface waters or wetlands, as delineated in
Section 373.421(1). Florida Statutes.
(9) "Forested wetlands" means those wetlands where the
canopy coverage by trees with a diameter at breast height of
greater than 4 inches is greater than 10 percent, as well as those
areas required to be planted with tree species to establish or
reestablish forested wetlands pursuant to a permit issued or
enforcement action taken, under rules adopted under Par IV of
Chapter 373. F.S.. or Sections 403.91-403.929, F.S. (1984
Supp.) as amended, and those areas where the canc'-v has been
temporarily removed but are expected to revegetate to a
forested wetland if use of the area would remain unchanged.
(10) "Herbaceous wetlands" means those wetlands
dominated by non-woody vegetation that have less than a 10
percent canopy coverage of trees with a diameter at breast
height of greater than 4 inches.


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(11) "Insect control impoundment dikes" means artificial
structures, including earthen berms, constructed and used to
impound wetlands or other surface waters for the purpose of
insect control.
(12) "Lagoon" means a naturally existing coastal zone
depression which is below mean high water and which has
permanent or ephemeral communications with the sea, but
which is protected from the sea by some type of naturally
existing barrier.
(13) "Materials" means matter of any kind, including, but
not limited to, sand, clay, silt, rock, dredged material,
construction debris, solid waste, pilings or other structures,
ash, and residue from industrial and domestic processes. The
term shall not include the temporary use and placement of
lobster pots, crab traps, or similar devices or the placement
oyster cultch pursuant to section 370.16, F.S., or Rule 16B-5,
F.A.C.
(14) "Riprap" is a sloping retaining or stabilizing structure
made to reduce the force of waves and to protect the shore
from erosion, and consists of unconsolidated boulders, rocks,
or clean concrete rubble with no exposedjeinforcing rods or
similar protrusions.
(15) "Seawall" means a man-made wall or encroachment,
except riprap, which is made to break the force of waves and to
protect the shore from erosion.
(16) "Submerged grassbeds" means any native.
herbaceous, submerged vascular plant community that is
growing on the bottoms of surface waters waterward of the
mean high water line or ordinary high water line.
(17) "Swale" means a man-made trench which:
(a) has a top width-to-depth ratio of the cross-section equal
to or greater than 6:1, or side slopes equal to or greater than 3
feet horizontal to 1 foot vertical:
(b) contains contiguous areas of standing or flowing water
only following a rainfall event:
(c) is planted with or has stabilized vegetation suitable for
soil stabilization, stormwater treatment, and nutrient uptake:
and
(d) is designed to take into account the soil erodibility, soil
percolation, slope, slope length, and drainage area so as to
prevent erosion and reduce pollutant concentration of any
discharge.
(18) 'Threatened species" means those animal species
listed in section 39-27.004, F.A.C.
(19) "Vertical seawall" is a seawall the waterward face of
which is at a slope greater than 75 degrees to the horizontal. A
seawall with sloping riprap on the waterward face shall not be
considered a vertical seawall.


(20) "Water Management District" or "District" means a
water management district created pursuant to section 373.069,
Florida Statutes.
Specific Authority 373.044. 373.113, 373.118 FS. Law Implemented 373.118,
373.413, 373.416. 373.426 FS. History-New

PART II GENERAL ENVIRONMENTAL RESOURCE
PERMITS
Subpart A: Scope of Part II
40E-400.201 Policy and Purpose.
The purpose of Part II of this chapter is to provide general
environmental resource permits for those activities which have
been determined to have minimal impacts to the water
resources of the district, both individually and cumulatively.
Mitigation is neither necessary nor required for activities that
qualify for no notice or noticed general permits. Persons
wishing to use one or more of the general permits in this
chapter shall be subject to the notice provisions of section
40E-400.211, F.A.C., before any activity is conducted as
authorized herein. The general conditions provided pursuant to
section 40E-400.215, F.A.C.. shall apply to all of the general
permits in this chapter. Strict compliance with all of the terms,
conditions, requirements, limitations and restrictions
applicable to a no notice or noticed general permit under this
Part is required to qualify for such a permit.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118.
373.413. 373.416. 373.426 FS. History-New

40E-400.211 Processing Procedures for Noticed General
Permits.
(1) A noticed general permit authorizes the construction.
operation, maintenance, alteration, abandonment, or removal
of certain minor surface water management systems as set
forth in this chapter, after notice is provided to the District.
Whenever a noticed general permit specifies procedures
different from the procedures in this section, the procedures
specified in the noticed general permit will govern.
(2) Any person wishing to construct, operate, maintain,
alter, abandon, or remove a surface water management system
pursuant to a noticed general permit set forth in this chapter
shall provide notice to the District by submitting a complete
Notice of Intent to Use a Noticed General Permit, Form No.
1400. including the appropriate application fee required in
section 40E-1.607. FA.C.. to the District at least 30 days prior
to undertaking construction, operation, maintenance,
alteration, abandonment, or removal of the system. For the
purposes of this subsection, the application form is only
considered submitted when it is actually received by the
District.


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(3) If the District determines that the system does not
qualify for a noticed general permit, the District shall so notify
the applicant by mailing a notification within 30 days of
receiving Form No. 1400. For the purposes of this subsection,
mailing shall be deemed to occur when the notice is properly
addressed, stamped, and deposited in the United States mail,
and the postmark date shall be the date of mailing. When the
District notifies the applicant that the system does not qualify
for a noticed general permit due to an error or omission in the
original notice to the District, the applicant shall have 60 days
from the date of the notification to amend the notice to use the
general permit and submit additional information to correct
such error or omission. If the applicant amends the notice to
use a noticed general permit and submits additional
information correcting the error or omission within the 60 day
time limit, no additional application fee will be required for the
noticed general permit. If the District does not mail the notice
informing the applicant that the system does not qualify for a
noticed general permit within 30 days of receipt of the original
notice to use the general permit, or amended notice to use the
general permit if an amended notice is submitted, the applicant
may conduct the activity authorized by the noticed general
permit.
(4) If the District notifies an applicant that the system for
which a noticed general permit is sought does not qualify for
the noticed general permit, the application fee for the noticed
general permit shall be applied to the application fee for a
standard general or individual permit if the applicant applies
for such a permit within 60 days of notification by the District.
(5) All construction, operation, maintenance, alteration,
abandonment, or removal of any system pursuant to a noticed
general permit must comply with the provisions of that general
permit.
(6) For systems which qualify for a noticed general permit,
the District will not publish, or require the applicant to publish,
newspaper notice of the notice submitted to qualify for the
permit. However, persons qualifying for a noticed general
permit may publish, in a newspaper of general circulation in
the affected area, a notice of intent to use a noticed general
permit.
(7) A noticed general permit shall also constitute
certification of compliance with state water quality standards
where necessary pursuant to Section 401. Public Law 92-500,
33 USC Section 1341, for activities that qualify for the noticed
general permit and that are performed in accordance with the
conditions of the noticed general permit.
(8) For projects located in or seaward of coastal counties,
and which have regulated activities in, on, or over wetlands or
other surface waters, a noticed general permit shall constitute


certification of consistency with the Florida Coastal
Management Plan, as provided in Section 307 of the Coastal
Zone Management Act and 15 CFR 930, Subpart D, for
activities that qualify for the noticed general permit and are
conducted in accordance with the conditions of the noticed
general permit.
Specific Authority 373.044. 373.113, 373.118 FS. Law Implemented 373.118.
373.413, 373.416. 373.426 FS. History-New

40E-400.215 General Conditions for all no Notice and
Noticed General Permits.
(1) The terms, conditions, requirements, limitations, and
restrictions set forth in this section are general permit
conditions and are binding upon the permitted for all no notice
and noticed general permits in this chapter. These conditions
are enforceable under part IV of Chapter 373, F.S.
(2) The general permit is valid only for the specific
activity indicated. Any deviation from the specified activity
and the conditions for undertaking that activity shall constitute
a violation of the permit. A violation of the permit is a
violation of part IV of Chapter 373, F.S., and may result in
suspension or revocation of the permitted's right to conduct
such activity under the general permit. The District may begin
legal proceedings seeking penalties or other remedies as
provided by law for any violation of these conditions.
(3) This general permit does not eliminate the necessity to
obtain any required federal, state, local and special district
authorizations prior to the start of any construction, alteration,
operation, maintenance, removal or abandonment authorized
by this permit. This general permit does not convey to the
permitted or create in the permitted any property right, or any
interest in real property, nor does it authorize any entrance
upon or activities on property which is not owned or controlled
by the permitted, or convey any rights or privileges other than
those specified in the general permit and this chapter.
(4) This general permit does not relieve the permitted from
liability and penalties when the permitted activity causes harm
or injury to human health or welfare: animal, plant or aquatic
life: or property. It does not allow the permitted to cause
pollution in contravention of Florida Statutes and District
rules.
(5) The permitted is hereby advised that Section 253.77,
F.S., states that a person may not commence any excavation,
construction, or other activity involving the use of sovereign or
other lands of the state, the title to which is vested in the Board
of Trustees of the Internal Improvement Trust Fund without
obtaining the required lease, license, easement, or other form
of consent authorizing the proposed use. Therefore, the


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permitted is responsible for obtaining any necessary
authorizations from the Board of Trustees prior to commencing
activity on sovereignty lands or other state-owned lands.
(6) The general permit may be modified, suspended or
revoked in accordance with Chapter 120, and Section 373.429,
F.S.
(7) This permit shall not be transferred to a third party
except pursuant to section 40E-4.351, F.A.C. The permitted
transferring the general permit shall remain liable for any
corrective actions that may be required as a result of any permit
violations prior to sale, conveyance, or other transfer of
ownership or control of the permitted system or the real
property at which the permitted system is located.
(8) Upon reasonable notice to the permitted, District
authorized staff with proper identification shall have
permission to enter, inspect, sample and test the permitted
system to insure conformity with the plans and specifications
approved by the permit.
(9) The permitted shall maintain any permitted system in
accordance with the plans submitted to the District.
(10) A permitted's right to conduct a specific noticed
activity under this noticed general permit is authorized for a
duration of five years.
(11) Construction, alteration, operation, maintenance,
removal and abandonment approved by this general permit
shall be conducted in a manner which does not cause violations
of state water quality standards, including any antidegradation
provisions of sections 17-4.242(1)(a) and (b), 17-4.242(2) and
(3), and 17-302.300, F.A.C., and any special standards for
Outstanding Florida Waters and Outstanding National
Resource Waters. The permitted shall implement best
management practices for erosion, turbidity, and other
pollution control to prevent violation of state water quality
standards. Temporary erosion control measures such as
sodding, mulching, and seeding shall be implemented and shall
be maintained on all erodible ground areas prior to and during
construction. Permanent erosion control measures such as
sodding and planting of wetland species shall be completed
within seven days of any construction activity. Turbidity
barriers shall be installed and maintained at all locations where
the possibility of transferring suspended solids into the
receiving waterbody exists due to the permitted work.
Turbidity barriers shall remain in place and shall be maintained
in a functional condition at all locations until construction is
completed and soils are stabilized and vegetation has been
established. Thereafter the permitted shall be responsible for
the removal of the barriers. The permitted shall correct any
erosion or shoaling that causes adverse impacts to the water
resources.


(12) The permitted shall hold and save the District
harmless from any and all damages, claims, or liabilities which
may arise by reason of the construction, alteration, operation.
maintenance, removal, abandonment or use of any system
authorized by the general permit.
(13) The permitted shall immediately notify the District in
writing of any previously submitted information that is later
discovered to be inaccurate.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118.
373.413, 373.416, 373.426 FS. History-New

Subpart B: No Notice General Environmental Resource
Permits
40E-400.315 No Notice General Permit for Minor
Activities in Uplands.
A no notice general permit is hereby granted for the
construction or alteration of minor systems located entirely
within uplands, provided that'the proposed system meets all of
the following criteria:
(1) the total project area is less than 10 acres:
(2) the total project area involves less than 2 acres of
impervious surface:
(3) no activities will impact wetlands or other surface
waters:
(4) no activities are conducted in, on. or over wetlands or
other surface waters: and
(5) drainage facilities shall not include pipes with
diameters greater than 24 inches or the hydraulic equivalent
and shall not utilize pumps in any manner.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118.
373.413, 373.416. 373.426 FS. History-New

40E-400.316 No Notice General Permit for Road Grading
and Pavement Resurfacing.
A no notice general permit is hereby granted for road grading
which involves no change in existing road surface elevation
and pavement resurfacing of existing roads, provided all of the
following criteria is met:
(1) the activity is carried out solely in uplands: and
(2) road grading does not result in the impoundment or
interruption of surface waters into wetlands.
Specific Authority 373.044. 373.113, 373.118 FS. Law Implemented 373.118,
373.413, 373.416, 373.426 FS. History-New

Subpart C: Noticed General Environmental Resource Permits
40E-400.417 General Permit for Installation
Maintenance of Boat Ramps and Associated Accessory Dock
(1) A general permit is hereby granted to any person I
installation or maintenance of a boat ramp and the associate.
accessory docks: provided:


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(a) this general permit shall apply to only those boat ramps
not exempt from permitting pursuant to section 403.813(2)(c),
F.S., or section 40E-4.051, F.A.C.:
(b) no structure shall be authorized by this general permit
in waters that are accessible to manatees in the following
counties: Brevard, Broward, Dade, Duval, Charlotte, Citrus,
Clay, Collier, Hillsborough, Indian River, Lake, Lee, Manatee,
Martin, Palm Beach, Pinellas, Putnam. St. Lucie, Sarasota,
Seminole, or Volusia, excluding the portions of those waters
that are upstream of water control structures that preclude the
passage of manatees, and inland waterbodies with no
connection to coastal waters;
(c) no ramp or accessory dock shall be installed under this
general permit unless navigational access to the proposed ramp
exists;
(d) there shall be no filling of wetlands or other surface
waters, other than the actual boat ramp surface and incidental
filling associated with recontouring the land under the ramp to
create a level grade, and pilings for associated accessory docks:
(e) the proposed ramp shall not exceed a width of 35 feet:
(f) the installation or use of the boat ramp and accessory
docks shall not interfere with navigation in the water body:
(g) the above-water, level portion of the ramp shall be
landward of the mean or ordinary high water line:
(h) all spoil material shall be deposited on a self-contained
upland spoil site which shall be located so as to prevent the
escape of spoil material into wetlands or other surface waters:
(i) maintenance dredging shall be limited to that amount of
material necessary to restore the ramp to its original
configuration and dimension:
(i) a maximum of two accessory docks, located adioining
to either one or both sides of the boat ramp shall be authorized,
and the total square footage of the accessory docks shall be less
than 500 square feet over wetlands or other surface waters and
no part of the structure shall be located over submerged
grasses:
(k) there shall be no dredging or filling of submerged
grassbeds, living stony corals or soft corals;
(1) there shall be no dredging or filling of more than 500
square feet of wetlands or other surface waters, nor shall more
than 500 square feet of new surface waters be created as a
result of the activity; and
(m) the boat ramp, including the adjoining upland facility,
shall not exceed a total size of one acre, and shall not be part of
a larger plan of development which requires an environmental
resource permit.
(2) This general permit shall be subject to the following
specific conditions:


(a) Turbidity curtains or similar devices shall be utilized
during construction to prevent violation of state water quality
standards.
(b) The installation of a boat ramp or accessory docks does
not obligate the District to approve any subsequent request to
dredge for navigational access.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118.
373.413, 373.416. 373.426 FS. History-New

40E-400.419 General Permit to Florida Game and Fresh
Water Fish Commission for the Alteration or Maintenance of
Existing Boat Ramps and the Construction or Alteration of
Accessory Docks for Existing Ramps.
(1) A general permit is hereby granted to the Florida Game
and Fresh Water Fish Commission for altering or maintaining
existing boat ramps and for constructing or altering accessory
docks at existing boat ramps, provided:
(a) navigational access exists to the ramp that does not
require crossing through water depths that are less than 3 feet
at any time throughout the year,
(b) navigational access to the ramp does not require
passage over submerged grassbeds. coral communities, or
oyster or clam communities that are located within 100 feet of
the ramp:
(c) there will be no dredging or filling within 20 feet of
any submerged grassbeds, coral communities, or oyster or
clam communities:
(d) there will be no filling other than that required for the
actual boat ramp surface, incidental filling associated with
recontouring the land under the ramp, and pilings for accessory
docks-
(e) there will be no dredging other than that required to
alter or uncover the ramp, and the amount of material dredged
is less than 100 cubic yards;
(f) the improvement or use of the improved boat ramp
does not interfere with navigation in the water body;
(g) the above-water portion of the ramp is landward of the
mean high water line (for tidal waters) or the average high
water line (for non-tidal waters);
(h) accessory docks shall not be constructed or altered
such that there are more than two accessory docks at each
ramp, one adjoining each side of the ramp, or such that the total
area of the accessory docks over wetlands or other surface
waters exceeds 1000 square feet;
(i) accessory docks being constructed or altered shall not
be more than six feet wide;


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(i) the driving surface of an enlarged boat ramp does not
consist of more than two lanes, does not extend more than 40
feet waterward of the mean high water line (for tidal waters) or
the mean annual high water line (for non-tidal waters), and
each lane does not exceed 16 feet in width: and
(k) the total width of an enlarged boat ramp, including the
hardened side slopes, does not exceed 50 feet for a double lane
ramp and 34 feet for a single lane ramp.
(2) This general permit shall be subject to the following
specific conditions:
(a) turbidity curtains or similar devices shall be utilized to
prevent violation of state water quality standards;
(b) all spoil material that results from the improvement or
maintenance of the boat ramp and access channel shall be
deposited on self-contained upland spoil sites, which shall be
designed and located to prevent the escape of spoil material or
the discharge of other pollutants into wetlands and other
surface waters such that state water quality standards are not
violated:
(c) the use of the accessory docks shall be limited to
temporary boat launching and loading, and shall not be used
for overnight mooring:
(d) there shall be no increase in parking spaces associated
with the use of this general permit:
(e) the improvement of a boat ramp does not obligate the
District or department to approve any subsequent request to
dredge for navigational access: and
(f) to provide reasonable assurance that the construction
activities will not violate water quality standards, a narrative
which describes the erosion and turbidity control measures tv'
be used and the plans for stabilization of soil surfaces that are
disturbed during construction shall be submitted with the
notice of intent to use the general permit required in subsection
40E-400.211(2), F.A.C.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118.
373.413. 373.416. 373.426 FS. History-New

40E-400.427 General Permit for Certain Piers and
Associated Structures.
(1) A general permit is hereby granted to any person to
construct or extend piers and construct associated structures as
described below:
(a) construction or extension of private, single-family
piers along with the construction or extension of boat lifts, boat
houses, terminal platforms, and gazebos attached to the private,
single family pier where the pier and associated boat lift, boat
house, terminal platform, and gazebo:
1. does not accommodate the mooring of more than two
water craft;


2. does not, by itself and with existing structures, exceed a
total area of 2,000 square feet: and
3. is located in waters that provide a minimum of 3 feet of
water depth at all times throughout the year in all areas
designed to accommodate boat mooring, and a minimum of 3
feet of water depth below mean low water or ordinary low
water between the boat mooring area and deeper waters that
are customarily used for boat navigation;
(b) construction of public fishing piers that do not exceed
a total area of 2.000 sq. ft. provided the structure is designed
and built to discourage boat mooring by elevating the fishing
pier to a minimum height of 5 ft. above mean high water or
ordinary high water, surrounding the pier with handrails, and
installing and maintaining signs that state "No Boat Mooring
Allowed": and
(c) the removal of the structures authorized herein.
(2) This general permit shall be subject to the following
specific conditions:
(a) construction of the boat house, boat shelter, boat lift,
gazebo, or terminal platforms, shall not occur over submerged
grassbeds. living stony coral, soft coral or wetlands. In
addition, the boat mooring location shall not be over
submerged grassbeds. living stony coral, soft coral 6r wetlands.
However, the access walkway portion of the pier may traverse
these resources provided it is elevated a minimum of 5 feet
above mean high water or ordinary high water, contains
handrails that are maintained in such a manner as to prevent
use of the access walkways for boat mooring or access, and
does not exceed a width of 6 feet, or a width of 4 feet in
Aquatic Preserves:
(b) there shall be no wet bars or living quarters over
wetlands or other surface waters or on the pier, and no structure
authorized by this general permit shall be enclosed by walls or
doors:
(c) the structure and its use shall not interfere with
navigation in the water body.
(d) there shall be no dredging or filling associated with
construction of the structures authorized herein, other than that
required for installation of the actual pilings for the pier. boat
lift, boat shelter, gazebo, or terminal platform:
(e) there shall be no fish cleaning facilities, boat repair
facilities or equipment, or fueling facilities on the structures
authorized by this general permit. In addition, no overboard
discharges of trash, human or animal waste, or fuel shall occur
from any structures authorized by this general permit:
(f) this general permit shall not authorize the construction
of more than one pier per parcel of land or individual lot. For
the purposes of this general permit, multi-family living


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complexes shall be treated as one parcel of property regardless
of the legal division of ownership or control of the associated
property; and
(g) turbidity curtains or similar devices shall be used
during the construction or removal of the structures authorized
herein to prevent violations of state water quality standards.
Specific Authority 373.044. 373.113, 373.118 FS. Law Implemented 373.118.
373.413. 373.416, 373.426 FS. History-New

40E-400.431 General Permit for Installation of Riprap.
(1) A general permit is hereby granted to any person
installing riprap at the toe of an existing vertical seawall,
provided:
(a) the riprap consists only of natural boulders or clean
concrete rubble one to three feet in diameter in average
dimensions:
(b) the slope of the riprap is no steeper than 2 horizontal to
1 vertical and the horizontal distance from the toe of the
seawall is no more than 8 feet:
(c) there are no reinforcing rods or other similar
protrusions in concrete rubble and all rubble or boulders are
free of attached sediments;
(d) neither the distance nor the use of the riprap shall
interfere with navigation;
(e) there is no filling or dredging associated with the
placement of riprap other than the riprap material itself;
(f) there shall be no filling of submerged grassbeds:
(g) the amount of wetland area filled shall not exceed 100
square feet: and
(h) there shall be no filling of stony coral or soft coral.
(2) This general permit shall be subject to the specific
conditions as follows:
(a) turbidity curtains or similar devices where appropriate
shall be utilized during construction to prevent violation of
state water quality standards;
(b) installation of the structure does not obligate the
District to approve any subsequent request to dredge for
navigational access;
(c) there shall be no backfilling to obtain useable upland or
to straighten an otherwise sinuous shoreline: and
(d) there shall be no filling or backfilling to reclaim land
lost by avulsion or erosion.
Specific Authority 373.044. 373.113, 373.118 FS. Law Implemented 373.118.
373.413. 373.416. 373.426 FS. History-New

40E-400.437 General Permit for the Installation of Fences.
A general permit is hereby granted to any person installing a
fence in wetlands or other surface waters, except in
Outstanding Florida Waters, Outstanding National Resource


Waters, Aquatic Preserves, Class II waters, or waters approved,
conditionally approved, restricted, or conditionally restricted
by the department for shellfish harvesting: provided:
(1) the structure shall not block navigation, create a
navigational hazard, impede the natural flow of water by itself
or through the accumulation of debris;
(2) no fence shall be installed into open waters (areas of
water bodies not supporting emergent vegetation) of any
navigable river, stream, canal, or tributary thereto, a distance of
more than 25 feet, or more than twenty percent of the width of
the open water, whichever is less, and in any lake shall not
extend more than 15 feet waterward of the landward extent of
the lake, including contiguous wetlands;
(3) the fence will be constructed of wire attached to posts
which project at least 2 feet above the mean annual flood or
ordinary high water elevation of the waterway;
(4) in navigable waters and all lakes, the structure shall be
adequately marked with reflectors visible from both directions
paralleling the shoreline: and
(5) dredging or filling performed shall be limited to that
necessary to install individual fence posts.
Specific Authority 373.044, 373.113. 373.118 FS. Law Implemented 373.118.
373.413. 373.416, 373.426 FS. History-New

40E-400.439 General Permit for the Construction or
Maintenance of Culverted Driveway or Roadway Crossings
and Bridges of Artificial Waterways.
(1) A general permit is hereby granted to any person for
the purpose of constructing or maintaining a driveway or
roadway which crosses an artificial waterway provided:
(a) this general permit shall apply only to wholly artificial.
non-navigable drainage conveyances within wetlands and
other surface waters;
(b) a culvert or culverts are placed under the roadway or
driveway;
(c) the size and number of the culvert(s) shall be adequate
to pass normal high water stages of the artificial water body
being crossed. In no instance shall the culvert(s) provide a
smaller cross-sectional area or discharge capacity than any
upstream culvert;
(d) the elevation of the culvert invert shall be at the
existing bottom grade of the artificial waterway;
(e) the length of the driveway, roadway or bridge crossing
the waterway shall not exceed 50 feet top of bank to top of
bank
(f) the top width of the driveway, roadway, or bridge shall
not exceed 75 feet and the toe to toe width shall not exceed 100
feet and the side slopes shall be not steeper than 2 horizontal to
1 vertical:


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(g) clean fill used for the crossing must be obtained from
uplands or from a dredge site which is in compliance with the
permitting requirement of chapters 40E-4 and 40E-40, F.A.C.,
as applicable;
(h) there shall be no additional dredging, filling, or
construction activities, except as exempted by statute or rule,
and those directly involved in the construction or maintenance
of the proposed crossing or bridge; and
(i) the maintenance of the roadway, driveway or bridge
shall continue to provide at least the same volume of discharge
through the culvert(s).
(2) This general permit shall be subject to the following
specific conditions:
(a) Turbidity curtains or similar devices shall be utilized,
as required, to prevent violations of state water quality
standards.
(b) The permitted shall stabilize fill areas and waterway
banks disturbed by the activity by revegetation or riprap within
72 hours of completion of construction to prevent erosion,
siltation or turbid runoff into wetlands and other surface
waters.
(c) If dewatering is performed, all temporary fill dikes and
dewatering discharges shall be installed and constructed so that
_ no upstream flooding or impoundment occurs and no siltation,
erosion or turbid discharges into wetlands or other surface
Sweaters occur in violation of state water quality standards. Any
temporary works shall be completely removed and all areas
upstream and downstream from the crossing shall be restored
to grades, elevations and conditions which existed before
construction.
(3) This general permit shall apply only to a maximum of
two crossings on a given parcel of property with a minimum
distance of 500 feet between crossings. Maintenance shall be
allowed at any and all existing structures meeting the
specifications of this general permit.
(4) This general permit shall not apply if:
(a) Relocation of all or part of the artificial waterway is
required, or
(b) Dredging or filling activities are required, other than
for the proposed culvert crossing, except as exempted by
statute or rule.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118,
373.413. 373.416. 373.426 FS. History-New

40E-400.443 General Permit to the Florida Department of
Transportation for Minor Bridge Alteration, Replacement.
Maintenance and Operation.
(1) A general permit is hereby granted to the Florida
SDepartment of Transportation to conduct the activities
described below:


(a) The replacement or modification of bridges and
approaches where the combined total of dredging and filling.
both temporary and permanent, in wetlands and other surface
waters does not exceed 0.5 acre.
(b) Channel clearing and shaping, not to exceed a
combined total of 0.5 acres of dredging and filling in wetlands
and other surface waters, to facilitate maximum hydraulic
efficiency of the structures detailed in paragraph (a) above,
where the spoil material is used on an upland portion of the
project or is deposited on a self-contained, upland spoil site.
Escape of spoil material or return water from the spoil
deposition area into wetlands or other surface waters is
prohibited.
(2) This general permit shall be subject to the following
specific conditions:
(a) in addition to compliance with the notice provisions of
section 40E-400.211, F.A.C.., within 90 days following
completion of construction, the permitted will notify by letter
the appropriate District office of the date construction activities
were completed;
(b) no dredging of access or work channels are authorized
by this general permit:
(c) temporary fill roads may not be constructed waterward
of mean high water or ordinary high water,
(d) all temporary fill in wetlands shall be regraded to
original elevations and revegetated with native wetland species
endemic to adjoining, undisturbed wetlands, within 72 hours of
completion of construction. These replanted wetland areas
shall be maintained until satisfactory revegetation occurs. For
the purposes of this general permit, "satisfactory revegetation"
means that the herbaceous communities that are disturbed
under this general permit shall have achieved not less than 33
percent cover of planted or naturally reestablished herbaceous
species within one growing season following disturbance of
the site, and the forested communities that are disturbed under
this general permit shall be achieving a survival and growth of
not less than 400 trees per acre within one growing season
following disturbance of the site, and a maintenance plan has
been developed and is being implemented to ensure the
survival of the planted or naturally reestablishing wetland
species. The restored site shall be maintained free of any new
growth of Schinus terebinthifolius (Brazilian pepper),
Melaleuca quinquenervia (Punk tree), and Casuarina spp.
(Australian pine). The restored site shall also be managed in a
manner where Typha spp. (cattails) shall not be permitted to
manifest vegetative dominance to a degree which would result
in water quality violations:


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(e) hydraulic openings of new bridges constructed under
(1)(a) above shall be sufficient to prevent downstream scour,
increased downstream water velocities, and significant
backwater conditions upstream of the bridge structure:
(f) minimum horizontal and vertical navigational
clearances on bridges over navigable waters of the United
States shall be established in accordance with procedures
outlined in the U.S. Coast Guard Bridge Administration
Manual, COMDTINST M16590.5, May 7, 1982;
(g) horizontal and vertical clearances for replacement
bridge structures shall meet or exceed those of the bridge being
replaced:
(h) temporary erosion controls for all exposed soils within
wetlands and other surface waters shall be completed within
seven calendar days of the most recent construction activity:
(i) the fill areas and the banks of the water body shall be
stabilized with vegetation or riprap as soon as possible
following completion of slope construction. This stabilization
is considered a construction priority and completed fill slopes
in wetlands and other surface waters shall not remain
unstabilized while other construction continues;
(i) this general permit does not authorize the use of
dredged material for roadway construction:
(k) the permitted shall use best management practices,
including turbidity curtains or similar devices, in strict
adherence to the Florida Department of Transportation
"Standard Specifications for Road and Bridge Construction,
Edition of 1991" to prevent violations of state water quality
standards;
(1) this general permit authorizes dredging and filling for
the replacement or modification of a bridge and approaches for
a specific crossing of a wetland or other surface water. Any
connecting road expansion or alteration associated with such
replacement or modification must be authorized by a separate
general or individual permit under chapter 40E-4, 40E-40, or
40E-400, F.A.C., as applicable, before the start of construction:
and
(m) this general permit does not authorize replacement or
modification of bridges or approaches which involve the
construction of additional traffic lanes.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118,
373.413. 373.416. 373.426 FS. History-New

40E-400.447 General Permit to the Florida Department of
Transportation for Minor Activities Within Existing FDOT
Rights-of-Way or Easements.
(1) A general permit is hereby granted to the Florida
Department of Transportation to conduct the activities
described below:


(a) The extension of existing culverts and crossing
approaches to accommodate widening of the roadway where
excavation or deposition of material shall not exceed 1000
cubic yards in wetlands and other surface waters and the area
from which material is excavated or to which material is
deposited shall not exceed a total of 0.25 acres at any one
location (project site). The 1000 cubic yardage limitation shall
be separately applied to excavation and deposition of material.
(b) Relocation, recontouring, widening, or reconstruction
of existing highway drainage ditches through uplands provided
the floor elevation of the ditch is not deepened below the
original design elevation and provided that the work does not
cause a change in the hydrology of any wetlands which are
connected to or which are adjacent to the ditch.
(c) Culvert placement, replacement and maintenance
associated with existing roadways, in streams with an average
discharge of less than 10 cubic feet per second at the culvert
location or streams draining less than 10 square miles.
provided that construction does not- cause scour in the
downstream waters or increase the velocity of the water
downstream, does not reduce existing flood conveyance of the
stream for the 100 year flood flow and does not reduce existing
flood storage within the 10 year flood plain. The material
excavated or deposited as fill shall not exceed 1000 cubic yards
in wetlands and other surface waters. The cross sectional area
of the culvert shall not be reduced unless the reduced cross
section provides for an equal or greater discharge capability.
(d) Construction of temporary bypass lanes and stream
channel diversions necessary to complete projects detailed in
paragraph (c) above, provided the area used for the temporary
bypass lanes and temporary diversion is restored to its previous
contours and elevations.
(e) Channel clearing and shaping, not to exceed a
combined total of 0.5 acres of dredging and filling in wetlands
and other surface waters, to facilitate maximum hydraulic
efficiency of structures authorized by paragraph (c) above,
where the spoil material is used on an upland portion of the
project or is deposited on a self-contained, upland spoil site.
Escape of spoil material or return water from the spoil
deposition area into wetlands or other surface waters is
prohibited.
(f) Repair of existing concrete bridge pilings by the
construction of pile jackets, provided that the permanent outer
form is composed of inert materials and the quantity of
material shall not exceed 300 cubic yards of dredging or 300
cubic yards of filling per project. Although the bottom
sediments within the forms may be removed by letting or


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pumping, and may not be recoverable, proper turbidity control
measures shall be employed as necessary to prevent violations
of state water quality standards.
(2) This general permit shall be subject to the following
specific conditions:
(a) The permitted shall use best management practices,
including turbidity curtains or similar devices, in strict
adherence to the Florida Department of Transportation
"Standard Specifications for Road and Bridge Construction,
Edition of 1991" to prevent violation of state water quality
standards.
(b) Immediately following completion of slope
construction, the fill areas and any disturbed banks of wetlands
or other surface waters shall be stabilized with vegetation or
riprap to prevent erosion. Temporary erosion controls for all
exposed soils within wetlands and other surface waters shall be
completed within seven calendar days of the most recent
construction activity. Prevention of erosion of exposed earth
into wetlands and other surface waters is a construction priority
and completed slopes shall not remain unstabilized while other
construction continues.
(c) Any area outside of the project area which is disturbed
by the permitted construction activities shall be restored to its
pre-construction state.
(d) In addition to complying with the notice provisions of
i section 40E-400.211, F.A.C., at least 90 days prior to
commencement of construction, the permitted shall notify the
appropriate District office of the date the permitted
construction activities are planned to begin and within 90 days
following completion of construction the permitted shall notify
the District of the date construction activities are completed.
(e) The permitted shall limit stream channel relocation to
streams which have an average annual discharge of 10 cubic
feet per second or less. The length of relocated channels or
those significantly altered shall be limited to 200 feet per
stream. A stream channel shall be altered only when such a
measure will reduce the long term adverse water quality
impacts and will maintain or restore the stream's natural
hydraulic capability.
(f) This general permit shall not apply to ditch
construction in Class I or Class II surface waters, Outstanding
National Resource Waters or waters designated as Outstanding
Florida Waters.
(3) This general permit does not authorize the construction
of additional traffic lanes. Systems which require additional
traffic lanes must first obtain a general or individual
environmental resource permit under chapters 40E-4 and


40E-40, F.A.C., as applicable, before the start of construction.
In the case of a culvert installed as a wildlife crossing, the
cross-sectional area shall not be reduced.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118,
373.413. 373.416. 373.426 FS. History-New

40E-400.453 General Permit for Underground Cable,
Conduit, or Pipeline.
(1) A general permit is hereby granted for the installation
and removal of underground cable, conduit or pipeline that
transmits electricity, communication signals, potable water,
raw water, reclaimed water, domestic wastewater, or natural
gas.
(2) This general permit is subject to the following special
conditions:
(a) the maximum width of disturbance in wetlands shall
not exceed 30 feet. The maximum width of the excavated
trench shall not exceed eight feet, with temporary spoil storage
banks not to exceed ten feet in width:
(b) the total area of wetland disturbance shall not exceed
0.5 acres of forested wetlands per ten miles of cable, conduit,
or pipeline:
(c) in herbaceous wetlands, the upper layer of the soil
horizon shall initially be scraped and segregated into a spoil
bank that is separated from the spoil bank resulting from the
excavation of the trench for the utility line. The upper layer of
the soil horizon shall be replaced as the last step of restored
grades to facilitate natural revegetation:
(d) maintenance trimming or removal of trees in wetlands
will be conducted only within the impacted areas authorized
under this general permit and only as necessary to perform
repairs on the cable, conduit, or pipeline:
(e) this general permit does not authorize construction in
surface waters other than wetlands:
(f) there shall be no net placement of permanent fill
resulting from the activities authorized by this general permit:
(g) there shall be no dredging or filling in wetlands to
access the work areas authorized by this general permit, except
for temporary mats. All temporary mats shall be removed
within thirty days after completion of the installation of the line
within the wetland portion of the project:
(h) the works authorized by this general permit shall not
impede the flow of water in wetlands or other surface waters,
except for a maximum period of 30 days during construction,
provided that the impeded flow does not cause flooding and is
not of such a magnitude or duration as to adversely affect water
resources;


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(i) erosion control devices shall be used to prevent
turbidity, sedimentation, and erosion into adjacent wetlands
and other surface waters. All construction activities shall be
conducted in a manner so as to prevent violations of state water
quality standards during or after construction;
(i) temporary spoil banks shall contain breaches that
prevent impoundment or restriction of surface water flows:
(k) this general permit does not authorize the installation
of conduits for draining wetlands or other surface waters;
(1) pre-construction ground elevations and the contours of
all disturbed soils, including vehicle ruts in wetlands and other
surface waters, shall be restored within 30 days of completion
of line installation. Restored grades shall be stabilized within
72 hours following completion of elevation and contour
restoration to minimize erosion;
(m) vehicle usage in wetlands and other surface waters
shall be conducted so as to minimize tire rutting and erosion
impacts:
(n) for purposes of this general permit, vehicular access in
wetlands and other surface waters shall be limited to existing
roads, trails, rights-of-way or easements, and to other
previously disturbed corridors where they exist;
(o) this general permit shall not apply in Outstanding
Florida Waters. Outstanding National Resource Waters,
Aquatic Preserves, or Class I waters; and
(p) during the initial clearing event and when performing
subsequent normal maintenance activities, the permitted shall
eradicate all Brazilian pepper, Australian pine, and melaleuca
from the wetland portions of the utility right of way.
Specific Authority 373.044. 373.113, 373.118 FS. Law Implemented 373.118.
373.413, 373.416. 373.426 FS. History-New

40E-400.455 General Permit for the Construction of
Aerial Pipeline, Cable, and Conduit Crossings of Certain
Waters.
(1) A general permit is hereby granted to any person
constructing an aerial pipeline, cable, or conduit crossing of
artificial waterways, including man-made canals, and drainage
ditches, as defined in Section 403.803, F.S., and natural water
bodies, where the width of the wetlands or other surface waters
is no greater than 25 feet; provided:
(a) the crossing is not located in Outstanding Florida
Waters. Outstanding National Resource Waters. Aquatic
Preserves, Class I waters, Class II waters, or waters approved,
conditionally approved, restricted or conditionally restricted by
the department for shellfish harvesting, and is used for the
transport of the following materials: potable water, raw
non-wastewater (well water, reservoir water, etc.), reclaimed
water, domestic wastewater, phosphate matrix slurry,
phosphatic clay or sand tailings. recirculated water from


beneficiation processes, electrical power cables and conduits
that are not subject to the provisions of Sections
403.52-403.539, Florida Statutes, and telephone and other
electronic communication cables and conduits:
(b) there shall be a minimum clearance of five feet
between the pipeline, cable or conduit and the elevation of the
mean or ordinary high water line, and no pipeline, cable or
conduit shall be lower than existing pipeline, cable or conduit
structures in the area:
(c) the structure shall not create a navigational hazard or
impede the natural flow of water,
(d) dredging shall be restricted to that quantity necessary
for actual installation of the support piles, and no fill other than
the support piles shall be placed within wetlands or other
surface waters, and any disturbance of the side slopes of the
waterway shall be stabilized with native vegetation:
(e) work activities for the installation of the aerial crossing
shall be restricted to a width of no more than thirty (30) feet on
each side of the crossing alignment. Ifi cases where multiple
pipes, cables or conduits are to be installed along the same
alignment the thirty (30) foot width shall commence from the
outermost pipes, cables or conduits. For the purposes of this
general permit, no more than three pipes shall be placed along
a given alignment, and in no case shall the total disturbance
area exceed 75 feet in width; and
(f) construction techniques necessary for the installation of
the aerial pipeline, cable, or conduit, including the transport
and placement of materials, shall not disturb the adjacent
bottoms of the waterbodv or adversely affect water quality.
(2) This general permit shall be subject to the following
specific conditions:
(a) Turbidity curtains or similar devices shall be utilized.
to prevent violations of state water quality standards.
(b) Any pipeline or conduit transporting authorized
materials, other than potable water or raw non-wastewater,
shall be subject to the following spill prevention design
criteria:
1. double piping (pipe within a pipe) constructed in such a
manner that any leakage from the inside pipe into the outside
pipe shall be conveyed to spill detention areas constructed in
areas outside of wetlands or other surface waters: and
2. pressure sensitive devices designed to detect any leak
shall be installed proximal to the aerial crossing, and shall be
designed to allow both visual and audible detection.
(c) The District shall be notified within 24 hours of any
leak or failure of any of the pipes associated with the aerial
crossing.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118.
373.413, 373.416, 373.426 FS. History-New


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


(2) This general permit shall be subject to the following
specific conditions:
(a) Measures shall be taken to prevent violations of state
water quality standards during and after construction arising
from the work, including but not limited to the use of turbidity
curtains, staked filter cloth, and staked hay bales. Where
turbidity curtains, filter cloth, hay bales, and similar structural
measures are not sufficient to contain turbid runoff, additional
measures, such as restricting work to periods of low flow and
dry season months, shall be taken to ensure that construction
can be performed in a manner which will not violate water
quality standards: and
(b) All erodible ground areas and slopes disturbed during
construction shall be revegetated with sod, mulch, seed,
wetland species, or otherwise stabilized within 72 hours after
installation of the utility line and at any other time as necessary
to prevent violations of state water quality standards in
wetlands or other surface waters:
(c) Temporary or permanent spoil disposal sites shall be
located exclusively on uplands, and shall be sited or designed
to prevent violations of state water quality standards in
wetlands or other surface waters:
(d) The utility crossing shall be designed in accordance
with generally recognized practices of sound engineering: and
(e) Signs shall be installed and maintained at conspicuous
locations to identify the alignment and type of the utility line
within wetlands or other surface waters.
(3) For purposes of this section, utility crossings or lines
include crossings and lines transporting the following
materials: potable water, raw non-wastewater (well water,
reservoir water), domestic wastewater, electric power cables
and conduits that are not subject to sections 403.52 403.539,
F.S., and telephone and other electronic communication cables
and conditions.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118,
373.413. 373.416. 373.426 FS. History-New

40E-400.463 General Permit for the Construction and
Operation of Culverts and Associated Water Control Structures
in Mosquito Control Impoundments by Governmental
Mosquito Control Agencies.
(1) A general permit is hereby granted to any
governmental mosquito control agency to construct and
operate culverts and associated water control structures for the
control of water levels in mosquito control impoundments.
provided:
(a) the construction or operation of the culvert and
associated water control structure is done only to provide
improved transport of tidal water and organisms between the
impounded wetland and adjacent surface waters or between


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cells within existing mosquito control impoundments for the
purpose of improving water quality and the quality of fish and
wildlife values:
(b) this general permit does not authorize the construction
or operation of culverts and associated water control structures
for the purpose of facilitating aquaculture;
(c) the construction or operation of culverts and associated
water control structures is not required as mitigation under Part
IV of Chapter 373. ES.;
(d) access for the construction or operation of the culverts
and associated water control structures does not require
dredging or filling in wetlands or other surface waters or
equipment access through wetlands;
(e) culverts and associated water control structures shall be
installed in locations that restore historic flow patterns, such as
at or adjacent to historic locations of tidal creeks, and shall be
located and operated such that water quality standards for
dissolved oxygen shall not be violated in the receiving waters
outside the impoundment:
(f) culverts and associated water control structures shall
either be left open year-round or shall be only seasonally
closed as necessary to control mosquito breeding and to
minimize the application of pesticides;
(g) this general permit does not constitute authorization to
enter upon the property of others to perform activities
authorized by this permit; and
(h) this general permit does not authorize the construction
of culverts or water control structures in the locations of
existing breaches of the impoundment dike.
(2) This general permit shall be subject to the following
specific conditions:
(a) culverts and associated water control structures shall be
made of a corrosion resistant material;
(b) the diameter and invert elevation of the culverts and
associated water control structures shall be sufficient to
maintain flow and prevent scouring under expected hydrologic
conditions;
(c) turbidity control devices shall be installed prior to and
maintained during the construction of the culverts and
associated water control structures in order to prevent
violations of state water quality standards; and
(d) within 72 hours after construction of each culvert and
associated water control structure, and at any other time as
necessary to prevent erosion, siltation and turbidity that causes
violations of state water quality standards in wetlands or other
surface waters, the wetlands disturbed by construction shall be
stabilized with indigenous wetland vegetation or clean rip rap,
and the uplands disturbed by construction shall be stabilized
with vegetation, rip rap. or other means.


(3) A copy of the notice to use this general permit shall be
sent to the Chairman of the Subcommittee on Managed
Marshes established under section 388.46, ES.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118,
373.413. 373.416. 373.426 FS. History-New

40E-400.467 General Permit for Breaching Mosquito
Control Impoundments by Governmental Mosquito Control
Agencies.
(1) A general permit is hereby granted to any
governmental mosquito control agency to breach mosquito
control impoundments, provided:
(a) the work is done only to provide improved transport of
tidal water and organisms between the impounded wetland and
adjacent surface waters or between cells within existing
mosquito control impoundments for the purpose of improving
water quality and the quality of fish and wildlife values:
(b) the construction of the breaches is not required as
mitigation under Part IV, Chapter 373, FS.;
(c) access for the construction of the breaches does not
require dredging or filling in wetlands or other surface waters,
or equipment access through wetlands;
(d) the breaches shall be installed in locations that restore
historic flow patterns, such as at or adjacent to historic
locations of tidal creeks, and shall be located so as to prevent
violations of the water quality standards for dissolved oxygen
in the receiving waters outside the impoundment: and
(e) this general permit does not constitute authorization to
enter upon the property of others to perform activities
authorized by this permit.
(2) This general permit shall be subject to the following
specific conditions:
(a) turbidity control devices shall be installed prior to and
maintained during the construction of the breaches in order to
prevent violations of state water quality standards;
(b) spoil material excavated during construction of the
breaches shall be handled and deposited in such a manner as to
prevent violations of the water quality standards for turbidity
and shall be contained in an upland disposal site: and
(c) within 72 hours after construction of any breach, and at
any other time as necessary to prevent erosion, siltation and
turbidity that causes violations of state water quality standards
in wetlands or other surface waters, the wetlands disturbed by
construction shall be stabilized with indigenous wetland
vegetation or clean rip rap, and the uplands disturbed by
construction shall be stabilized with vegetation, rip rap. or
other means.
(3) A copy of the notice to use this general permit shall be
sent to the Chairman of the subcommittee on Managed
Marshes established under section 388.46. ES.


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Specific Authority 373.044. 373.113, 373.118 FS. Law Implemented 373.118,
373.413. 373.416, 373.426 FS. History-New

40E-400.475 General Permit for Minor Activities.
(1) A general permit is hereby granted for the
construction, alteration, maintenance, operation, abandonment
and removal of minor systems, provided that the proposed
system meets any one or a combination of the following
criteria:
(a) consists of piling supported structures of less than
1.000 square feet over surface waters and wetlands;
(b) consists of piling supported structures of less than 500
square feet over surface waters or wetlands in an Outstanding
Florida Water,
(c) consists of the dredging or filling of less than 100
square feet of wetlands or other surface waters; or
(d) consists of the placement of less than 4.000 square feet
of impervious surface in uplands, such as roads, parking lots,
driveways, pole barns and livestock watering ponds, that is
subject to vehicular traffic and less than 10.000 square feet
total of impervious surface in uplands:
(2) In order to qualify for this general permit, an applicant
must provide reasonable assurance that the proposed activity:
(a) does not significantly impede navigation and does not
" entail the construction of a structure for the launching or
mooring of a boat when navigational access to the structure
does not currently exist;
(b) does not cause a violation of state water quality
standards;
(c) does not impede the conveyance of a stream, river or
other watercourse in a manner that would increase off-site
flooding:
(d) does not impact the habitat of aquatic or wetland
dependent species listed as threatened, endangered or of
special concern:
(e) does not cause the drainage of wetlands.
(f) is not located in, on or over a living stony coral, soft
coral, macro-marine algae or submerged grassbed community.
For the purposes of this general permit, macro-marine algae
community shall not include algae unattached to the bottom,
nor shall it include algae growing landward of the mean high
water line or growing as an epiphyte on woody plants.
(3) This general permit shall be subject to those additional
reasonable conditions which the District finds necessary to
insure compliance with the criteria provided in subsections (1)
and (2), above.
(4) Persons wishing to qualify for this general permit must
file a written request, describing the proposed activities and
providing plans and other information necessary to evaluate
the potential for adverse impacts from the proposed activities.


The applicant must provide reasonable assurance that the
proposed activity qualifies for the general permit. The District
will provide written notification to the applicant whether the
proposed activity qualifies for this general permit within 30
days of submittal of the written request. The proposed activity
may not commence until the District has provided written
notice that the applicant qualifies for the general permit.
(5) A determination that an activity qualifies for a General
Permit for a minor activity applies only to the actual
circumstances involving the site specific activity, location,
method of construction or operation of the specific activity and
the other design and operation features of the specific activity.
(6) This general permit shall not be applicable to any
parcel of property which has been the subject of the successive
filing of notices under this section within a three year period
where the combination of activities to be conducted pursuant
thereto exceeds the thresholds in subsection 40E-400.475(1),
F.A.C.
Specific Authority 373.044. 373.113. 373.118 FS. Law Implemented 373.118,
373.413, 373.416. 373.426 FS. History-New

40E-400.483 General Permit to the Department and Water
Management Districts to Conduct Minor Activities.
A general permit is hereby granted to the Department and
Water Management Districts to conduct the activities described
below:
(1) the repair, replacement or alteration of any existing
bridge, levee, dam, pump station, lock, culvert, spillway, weir,
or any other water control structure with structures of the same
design or of a comparable design, provided that the maximum
discharge rate capacity and control elevation do not exceed that
of the structure to be replaced. Minor deviations in the
structure's design are authorized, including those due to
changes in materials, construction techniques, or current
construction codes or safety standards. Associated construction
activities authorized by this permit include temporary fill plugs
or cofferdams, upland bypass channels, channel shaping
needed to accommodate the repair, replacement or alteration of
the structure, and channel and bank stabilization, including
riprap within 200 feet of the structure. Replacement may occur
at the same site, or adjacent to the original structure. The area
of wetlands or other surface waters from which material is to
be dredged or filled shall not exceed a total of 0.5 acres for any
one structure:
(2) canal bank and bottom stabilization necessary to repair
erosion damage and restore previously existing canal
configurations. Authorized repair methods include placement
of riprap, sand cement toe walls, clean fill material, poured
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materials. The distance to be restored or repaired shall not
exceed 2000 feet at any one location along canal banks and 500
feet along canal bottoms: and
(3) aerial pipeline crossings (including support piles) of
man-made canals consistent with the provisions of section
40E-400.455, F.A.C., except that the width of the crossing may
be up to 200 feet.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118,
373.413, 373.416. 373.426 FS. History-New

40E-400.485 General Permit to the Department and Water
Management Districts for Environmental Restoration or
Enhancement.
(1) A general permit is hereby granted to the Department
or a Water Management District for the construction,
alteration, operation, maintenance, removal and abandonment
of systems to implement Department or District environmental
restoration or enhancement projects.
(2) In order to qualify for this general permit, the
environmental restoration or enhancement project must be
approved by the Secretary of the Department or District
Governing Board under any one of the following procedures:
(a) The project is part of a Surface Water Improvement
And Management Plan developed pursuant to section 373.453
F.S. that is reviewed by the Department and approved by a
Water Management District in accordance with section
373.456. F.S.; or
(b) The project is approved by the District Governing
Board or the Secretary of the Department after conducting at
least one public meeting; or
(c) The project is wholly or partially funded by the
Department through the Pollution Recovery Trust Fund
pursuant to section 403.165, F.S., or the Water Resources
Restoration and Preservation Act pursuant to 403.0165, F.S.
(3) This general permit shall be subject to the following
specific conditions:
(a) A project under this general permit shall not
significantly impede navigation.
(b) All erodible ground areas and slopes disturbed during
construction shall be revegetated with sod, mulch, seed.
wetland species, or otherwise appropriately stabilized within
72 hours after completion of the activity authorized under this
general permit and at any other time as necessary to prevent
violations of state water quality standards.
(c) Access roads shall be located only in uplands.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118.
373.413. 373.416, 373.426 FS. History-New


40E-400.487 General Permit to the Department and Water
Management Districts to Change Operating Schedules for
Department or District Water Control Structures.
(1) A general permit is hereby granted to the Department
and Water Management Districts to change the operating
schedules for existing water control structures that are owned
or operated by the Department or Water Management Districts.
(2) The Department or District Governing Board shall
hold at least one public meeting concerning the proposed
operating schedule prior to its approval.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118,
373.416 FS. History-New

40E-400.495 General Permit to U.S. Forest Service for
Minor Works Within National Forests.
(1) A general permit is hereby granted to the U.S. Forest
Service to conduct the works described below:
(a) bathing beach restoration at developed recreation sites
where maintenance dredging is less than 100 cubic yards per
year and less than 100 cubic yards per single occurrence:
(b) dock construction, replacement and maintenance for
docks of up to 1000 square feet of surface area over wetlands
and other surface waters, in Outstanding Florida Waters and
Outstanding National Resource Waters subject to restrictions
listed in Section 403.813(2)(b) and (d), Florida Statutes:
(2)(a) This general permit is subject to the following
specific conditions:
(b) The U.S. Forest Service or its contractors shall utilize
turbidity control measures while actively dredging or filling
within wetlands and other surface waters to prevent violations
of state water quality standards.
Specific Authority 373.044, 373.113. 373.118 FS. Law Implemented 373.118.
373.413, 373.416. 373.426 FS. History-New

40E-400.500 General Permit for Construction, Operation,
Maintenance, Alteration, Removal or Abandonment of Minor
Silvicultural Surface Water Management Systems.
(1) Subiect to the requirements of this section, a general
permit is hereby granted to:
(a) any person constructing, operating, maintaining
(including repairing or replacing), altering, abandoning, or
removing surface water management systems which:
1. are not exempt under sections 40E-4.051, F.A.C.:
2. meet the permit thresholds set forth in section
40E-4.041, F.A.C.;
3. meet the terms and conditions specified in subsections
(4), (5) and (6) of this section; and
4. are designed to place the property into silvicultural use
or to perpetuate the maintenance of this property in
silvicultural use.


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(b) the U.S. Forest Service to construct, operate, maintain,
alter, abandon, or remove surface water management systems
which:
1. are not exempt under section 40E-4.051, F.A.C.:
2. meet the permit thresholds set forth in section
40E-4.041. F.A.C.:
3. meet the terms and conditions specified in subsections
(4), (5) and (6) of this section.
(2) No construction, operation, maintenance (including
repair or replacement), alteration, abandonment, or removal of
the minor silvicultural surface water management system
described in subsection (1) of this section, shall commence
until a completed Notice of Intent to Construct a Minor
Silvicultural System, Form No. 0974, is received by the
District or said Notice of Intent is properly addressed and
stamped and deposited in the United States mail, in which case
the postmark date shall be the date of receipt. Applicants may
also submit annual schedules of proposed silvicultural surface
water management systems that meet the requirements of this
chapter, including completed permit applications for each
activity. The construction, operation, maintenance, alteration.
abandonment or removal shall only be authorized when the
Notice of Intent is received by the District and provided the
proposed activity qualifies for the general permit pursuant to
' this section and the conditions of issuance are followed.
(3) The Notice of Intent to Construct a Minor Silvicultural
System shall include the information contained in District
Form No. 0974.
(4) This general permit shall be for any of the following
minor silvicultural surface water management systems:
(a) A permanent culverted fill road with a road surface of
28 feet or less in width placed in or crossing a stream or other
watercourse of less than ten (10) cubic feet per second average
discharge at the location of the work or with a drainage area
upstream of the work of less than ten (10) square miles. The
design of the work must allow for conveyance of normal flows
and for overtopping during large storm events, and any fill
placed in wetlands associated with the stream or other
watercourse must be less than one-half (1/2) acre in area.
Under this paragraph, the fill material shall be no more than
twenty-four (24) inches above culvert structures. The fill
material on the road approaches shall return to the twenty-four
(24) inch above grade limit within a maximum of one hundred
(100) feet of either side of a culvert. The road must be designed
and culverts positioned at or below natural grade of the bed of
the stream or other watercourse to prevent the permanent
impoundment of water, and to provide an overflow area or
areas which will prevent erosion and adverse effects to water
Levels upstream and downstream of the road.


(b) A temporary culverted fill road or a temporary bridge
up to 50 feet long, with a road surface of 28 feet or less in
width placed in or crossing a stream or other watercourse of
less than ten (10) cubic feet per second average discharge at the
location of the work or a drainage area upstream of the work of
less than ten (10) square miles. The design of the work must
allow for conveyance of existing flow during the period of
installation and any fill placed in wetlands associated with the
stream or'other watercourse must be less than one-half (1/2)
acre in area. The work must be designed only to facilitate the
temporary movement of equipment and must be removed
immediately after the operation for which the crossing was
needed is complete or within one year of the filing of the
Notice of Intent in subsection (3), whichever is sooner.
(c) A bridge up to 100 feet in length and 28 feet or less in
width supported on pilings or trestles, placed in or crossing a
stream or other watercourse of less than ten (10) cubic feet per
second average discharge at the location of the work or with a
drainage area upstream of the work of less than ten (10) square
miles. The design of the work and associated approach roads, if
any, must allow for conveyance of normal flows and for
overtopping during large storm events and any fill placed in
wetlands associated with the stream or other watercourse must
be less than one-half (1/2) acre in area. The height limitation
for fill on the bridge approach roads shall be a maximum of
twenty-four (24) inches above natural grade.
(d) A culverted fill road or bridge with a road surface of 28
feet or less in width, placed in or crossing a wetland or other
impoundment, excluding reservoirs created by dams. where
less than one half (1/2) acre of fill is placed in the wetland or
other impoundment.
(e) Temporary stream channel diversions necessary to
complete the works described in paragraphs (1)(a), (b). or (c)
above, provided that the area used for the temporary diversion
is restored to its previous contours and elevations.
(f) Clearing and snagging in a stream or other watercourse
within fifty (50) feet of the center line of a culverted fill road or
a bridge described in paragraphs (1)(a), (b), or (c) above,
necessary to construct said work.
(g) A permanent low water, hard surfaced crossing in a
stream, other watercourse, wetland or other impoundment
consisting of the placement of rock or similar material no more
than twelve (12) inches higher than the bed of the stream, other
watercourse or impoundment. Such crossings must be designed
only to facilitate the movement of equipment by creating a
stable foundation in shallow streams, other watercourses.
wetlands or other impoundments.


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