Title: Environmental Resource Permit - Errata Sheet of August 30, 1994
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Permanent Link: http://ufdc.ufl.edu/WL00004337/00001
 Material Information
Title: Environmental Resource Permit - Errata Sheet of August 30, 1994
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Environmental Resource Permit - Errata Sheet of August 30, 1994 (JDV Box 95)
General Note: Box 20, Folder 2 ( Water Management Districts - ERP'S - 1994 ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004337
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





ENVIRONMENTAL RESOURCE PERMIT


ERRATA SHEET
AUGUST 30, 1994


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


REFERENCE

page 2, line 3

page 6, line 12

page 6, line 22


page 8, line 20

page 12, line 23







page 14, line 21

page 19, line 21

page 24, line 18



page 24, line 25


page 26, line 18


page 27, line 1


CHANGE

Change the word "Limiting" to "General"

Delete the word "maintenance"

Should read as follows: "to Chapters 40D-40, and 40D-45,
F.A.C."

Add the words "as specified in Section 400-1.607, F.A.C."

Add new sentence "Nothing in this paragraph shall prohibit
the Department from taking appropriate enforcement action
pursuant to Chapter 403, F.S., to abate or prohibit any
activity otherwise exempt from permitting pursuant to this
paragraph if the Department can demonstrate that the
exempted activity has caused water pollution in violation of
Chapter 403, F.S.

Change the words "shall be" to "is"

Delete the words "without the need for separate dredging,"

Should read as follows: "in compliance with the regulatory
requirements of Part IV, Chapter 373, F.S., either through a
permit, or an exemption;"

Should read as follows: "crossing and those exempted from
regulation under Part IV, Chapter 373, F.S."

Should read as follows: "and shall be free of soils,
preservatives, oil, grease, debris"

Should read as follows: "material shall be placed on or in
areas vegetated by native aquatic vegetation."


Delete the entire first sentence.


page 27, line 5




Environmental Resource Permit
Errata Sheet


page 27, line 9


page 27, line 25

page 36, line 8

page 37, line 24




page 38, line 25

page 41, line 1










page 42, line 9

page 43, line 21


page 55, line 6

page 55, line 21


August 30. 1994
Page 2


Should read as follows: "monitoring equipment by the
Department or the Districts,"

Change the words "adopted to implement" to "implementing"

Delete the word "approval"

Should read as follows: "standards, the applicant shall
comply with the requirements set forth in Section 3.2.4.5 of
the Basis of Review." Delete the remainder of the
paragraph through page 38, line 2.

Delete "373.414"

Paragraph (2) should read as follows: "The District shall
take into consideration a permit applicant's violation of any
Department rules adopted pursuant to Sections 403.91 -
403.929, F.S. (1984 Supp.), as amended, which the District
had the responsibility to enforce pursuant to delegation or
any District rules adopted pursuant to Part IV, Chapter 373,
F.S., relating to any other project or activity and efforts taken
by the applicant to resolve these violations, when
determining whether the applicant has provided reasonable
assurance that District permitting standards will be met."

Delete paragraph (3).

Should read as follows: "their duration unless modified
pursuant to Section 40D-4.331."

Delete paragraph (z).

Should read as follows: "granted under this chapter and
Chapters 40D-40, and 40D-45, F.A.C., such"




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


REFERENCE

page 3, line 6


CHANGE


Delete paragraph (4).


I~





Environmental Resource Permit
Errata Sheet


August 30, 1994
Page 3


CHAPTER 40D-45. F.A.C.


NO CHANGES


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


REFERENCE

page 9, line 7

page 13, line 14

page 21, line 15


page 24, line 7





page 25, line 12




page 26, line 23



page 28, line 26


page 31, line 25


CHANGE


Delete the word "nonrefundable"


Delete the word "authorized"

Paragraph (2) should read as follows: "This general permit
shall be subject to the following specific conditions:"

Paragraph (h) should read as follows: "there shall be no
additional dredging, filling, or construction activities, except
as exempted from regulation under Part IV, Chapter 373,
F.S., and those directly involved in the construction or
maintenance of the proposed crossing or bridge; and"

Paragraph (b) should read as follows: "Dredging or filling
activities are required, other than for the proposed culvert
crossing, except as exempted from regulation under Part IV,
Chapter 373, F.S.

Beginning on this line at paragraph (c) and continuing
through and including page 27 and paragraph (e) there are
substantial changes. See corrected language attached.

Should read as follows: "Environmental Regulation, 1988)
incorporated by reference."

Paragraph (a) should read as follows: "The permitted shall
use erosion and sediment control best management
practices, including turbidity curtains or similar devices, in
strict adherence to these practices as described in Chapter
6, The Florida Land Development Manual: A Guide to
Sound Land and Water Management (Florida Department of
Environmental Regulation, 1988) to prevent violation of state
water quality standards."


Replace the word "or" with the word "and"


page 31, line 8





Environmental Resource Perrr
Errata Sheet



page 31, lines 16
and 19


page 33, line 10

page 33, line 13

page 35, line 4




page 36, line 18


page 41, line 1


page 44, line 17


page 47, line 8

page 52, line 19




page 54, line 23

page 56, line 12

page 56, line 19



page 57, line 24

page 60, line 2


page 60, line 9

page 60, line 14


lit


August 30, 1994
Page 4


Replace the word "notify" on both lines with the words
"provide written notification to"

Replace the word "and" with the word "or"

Delete "373.414," and replace "373.419" with "373.426"

The remainder of paragraph (h) beginning on line 4, should
read as follows: "provided that the impeded flow does not
cause flooding and shall not adversely affect the wetlands or
other surface waters;"

Should read as follows: "bodies, where the width of such
waterways or water bodies"

Should read as follows: "arising from the work, such as the
use of'

Should read as follows: "Managed Marshes which is
established under section 388.46, F.S."

Add the word "return" following the word "prevent"

The remainder of paragraph (2) beginning on line 19 should
read as follows: "environmental restoration or enhancement
project must comply with any one of the following
procedures:"

Delete the word "actively"

Add the words "Part II of' following the word "of"

Paragraph (3) should read as follows: "The Application shall
include the information contained in the appropriate District
form identified in Chapter 40D-1, F.A.C.

Add the words "and use" following the word "installation"

"Twenty-five feet (25)" should be changed to "twenty-eight
feet (28)

Delete the first word "to"

The remainder of this sentence should read as follows:
"connect directly or indirectly to any works on-site or off-site
which are designed or constructed to provide drainage or


I





Environmental Resource Permit
Errata Sheet


page 63, line 2

page 64, line 6


REFERENCE

page B1-1, 1.2,
para. 1, line 3


page B1-1, 1.2.1,
para. 1, line 3


page
para.


21-1, 1.2.1,
2, line 3


page B1-4, 1.7.21




page B1-6, 1.7.39,
line 2


August 30, 1994
Page 5


conveyance or which would result in drainage or
conveyance."

The word "now" should be changed to the word "not"

Paragraph (6) should read as follows: "The duration of the
general permit authorized in this section is:"



BASIS OF REVIEW, CHAPTER 1


CHANGE


Should read as follows: "Part IV of Chapter 373, Florida
Statues: individual including conceptual,"


Should read as follows: "Environmental Resource
and Authorization to Use State Owned Submerged
and Federal Dredge and Fill Permit."


Permit
Lands


Should read as follows: "Engineer in accordance with
Chapter 471, Florida Statutes." Delete the remainder of this
paragraph.

Should read as follows: "Isolated Wetland" Any wetland
without a direct hydrologic connection by standing or flowing
surface water at seasonal high water level to a lake, stream,
estuary, or marine waters.


Delete the words "environmental preservation" and replace
with the word "mitigation"




BASIS OF REVIEW, CHAPTER 2


REFERENCE


CHANGE


Change the word permittede" in line 2 to "applicant"


page B2-3, 2.6.2.1





Environmental Resource F
Errata Sheet



page B2-4, 2.6.2.4,
para. b., line 2








REFERENCE


page B3-1, 3.1.0,
para. 2, line 2


page
para.


B3-2, 3.1.1,
(g), line 1


page B3-5, 3.2.2,
para. 2, line 4,
under subpara. (b)


page B3-6, 3.2.2.2,
line 1

page B3-6, 3.2.2.2,
lines 12


page B3-7, 3.2.2.3,
para. (a)





page B3-7, 3.2.2.3,
para. (b)

page B3-7, 3.2.2.3,
para. (d)


August 30, 1994
Page 6


Should read as follows: "surface water management system
including any mitigation areas as permitted by the"




BASIS OF REVIEW. CHAPTER 3


CHANGE


Delete the word "this"


Delete the word "unacceptable" and replace with the word
"adverse"



Delete the last word "and" in this line and replace with the
word "including"


Replace the word "in" with the word "to"


Should read as follows: "ditches are those included in
subsections 3.2.2.4, and 3.2.4 3.2.4.5."


The last sentence should read as follows: "However, areas
impacted by activities in violation of a District or Department
rule, order or permit adopted or issued pursuant to Chapter
373, or Part VIII, Chapter 403, F.S. (1984, as amended), will
be evaluated as if the activity had no occurred."


Delete both references to "off-site"


Should read as follows: "location this factor addresses the
location of the wetland or other surface water in relation to
its surroundings."





Environmental Resource Permit
Errata Sheet


page
para.


83-10, 3.2.3.1,
(c)


page B3-10, 3.2.3.2




page B3-13, 3.2.3.7





page B3-21, 3.2.7,
para. (a), para. 2







page B3-25, 3.3



page B3-26, 3.3.1.8



page B3-30, 3.3.2.2,
para. (c)


page
para.


B3-30, 3.3.2.2,
(d)


page B3-31, 3.3.2.3


August 30, 1994
Page 7


The last line should read as follows: "quantity criteria in
Chapter Four."

Lines 3 through 5 should read as follows: "surface waters
for impacts to fish and wildlife, including endangered or
threatened species, or their habitat is encompassed within
the required"

Delete the following sentence: "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 last sentence should read as follows: "Impacts of
ground water withdrawals to wetlands and other surface
waters that result from the use of wells permitted pursuant
to Chapter 40D-2, F.A.C., shall not be considered as
secondary impacts under rules adopted pursuant to Part IV
of Chapter 373, F.S., since these impacts shall be
considered in the water use permit application process."

The last two lines should read as follows: "species, or
adversely impact those wetlands or other surface waters not
likely to be successfully recreated."

The last two lines should read as follows: "Protection
endorsed environmental, preservation enhancement or
restoration project and the payments initiate a project"


Delete the first sentence.


Delete the first sentence and move the third sentence to
become the first sentence.

The first two lines should read as follows: "To the extent
that the area to be preserved offsets adverse impacts and
otherwise meets the requirements of"





Environmental Resource Permit August 30. 1994
Errata Sheet Page 8



BASIS OF REVIEW, CHAPTER 4

NO CHANGES





BASIS OF REVIEW, CHAPTER 5

NO CHANGES




BASIS OF REVIEW. CHAPTER 6

NO CHANGES





BASIS OF REVIEW, CHAPTER 7

NO CHANGES


***************



APPENDICES

NO CHANGES


***************









ATTACHMENT



(c) temporary fill roads shallffay not be constructed

waterward of mean high water or ordinary high water;

(d) all t-em-rary fill placed in wetlands other than

all on which a bridge or approach described in paragraph (1)(a)

is constructed, shall be regraded to the original wetland

elevations and these filled wetland areas revegetated with native

wetland species endemic to adjoining, undisturbed wetlands,

within seven days ho-ur- of completion of construction. Within

"Clear Zones" as described in Chapter Three. Roadside Design

Manual. American Association of State Highway and Transportation

Officials, dated October 1988. revegetation shall be with native

herbaceous species endemic to adioininc undisturbed wetlands.

These replante wetland areas shall be maintained and planted as

necessary, to ensure that until satisfactory revegetation occurs.

For the purposes of this general permit, "satisfactory

revegetation" means that the herbaceous wetlands, and forested

wetlands within clear zones that are disturbed by fillunder thick

general permit shall have achieved not less than 33 percent cover

of planted or naturally reestablished herbaceous wetland species

within 18 months of completion of construction,Cne growing zacanw

following disturban-c of the sitze, and the forested wetlands

other than the forested wetlands in clear zones that are

disturbed by fillunder thick general permit shall acheivehe

achieving a survival rate and growth of not less than 400 wetland

trees per acre within 18 months of completion of constructionefte





Environmental Resource Permit August 30, 1994
Attachment to Errata Sheet Page 2




growing caoen following di-turban. c of the sitz, and a

maintenance plan must behae- bee developed and is being

implemented to ensure the survival of the planted or naturally

reestablishing wetland species. Within the revegetated wetland

areas, non-native vegetation must be controlled such that it does

not constitute more than 10 percent of the area cover in any

stratum at any time for the five-year period following the

initial planting or restoration of the site.The rectored ite

shall bo maintained frAe of any now growth of SChinuo





oitz hall also be managed in a manner which preclude where Typha

opp. cattailsz) from manif eating shall not be permitted tz

manifeot vegetative dominance to a degree which would result in

water quality violationf;

(e) hydraulic openings of bridges constructed under

paragraph (1)(a) above shall be sufficient to prevent downstream

scour, increased downstream water velocities, and increased

backwater elevation on the property of others;


I




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