Title: Draft 8-29-94 - Page B4-1 - Chapter Four - Water Quantity
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Title: Draft 8-29-94 - Page B4-1 - Chapter Four - Water Quantity
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Draft 8-29-94 - Page B4-1 - Chapter Four - Water Quantity (JDV Box 95)
General Note: Box 20, Folder 2 ( Water Management Districts - ERP'S - 1994 ), Item 15
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DRAFT 8-29-94
PAGE B4-1

CHAPTER FOUR WATER QUANTITY

4.1 General This document refers to flood and drought frequency
impacts interchangeably with rainfall frequency. The
applicant is cautioned, however, that water resource impacts
are of interest in the permit process, and that additional
calculations may be necessary to identify other combinations
of site conditions and rainfall frequencies which might result
in impacts of the specified frequency.

4.2 Discharge Off-site discharge is limited to amounts which
will not cause adverse off-site impacts.

a. For a project or portion of a project located within an
open drainage basin, the allowable discharge is:

1. historic discharge, which is the peak rate at which
runoff leaves a parcel of land by gravity under
existing site conditions, or the legally allowable
discharge at the time of permit application; or

2. amounts determined in previous District permit
actions.

b. Unless otherwise specified, off-site discharges for the
existing and developed conditions shall be computed using
the Southwest Florida Water Management District's 24-
hour, 25-year rainfall maps and the Soil Conservation
Service's type II Florida Modified 24-hour rainfall
distribution with an antecedent moisture condition II.

c. For a project or portion of a project located within a
closed drainage basin, the required retention volume
shall be the post-development runoff volume less the pre-
development runoff volume computed using the Southwest
Florida Water Management District's 24-hour/100-year
rainfall map and the Soil Conservation Services type II
Florida Modified 24-hour rainfall distribution with an
antecedent moisture condition II. The total post
development volume leaving the site shall be no more than
the total pre-development volume leaving the site for the
design 100-year storm. The rate of runoff leaving the
site shall not cause adverse off-site impacts.
Maintenance of pre-development off-site low flow may be
required in hydrologically sensitive areas.

d. When not in conflict with the objectives of recharge,
dewatering, or maintaining ground water levels, projects
serviced by a permitted or approved, regional surface
water management system may discharge'storm water runoff
at the rate and volume established by the agency
-.- .










DRAFT 8-29-94
PAGE B4-2

operating the regional storm water system. The permitted
must provide written verification from the operating
agency stating the acceptable rate and volume of storm
water runoff from the project. The District permit will,
by condition, indicate that a waiver from the District
surface water rule criteria has been granted.

4.3 Flood protection for structures should be provided as follows
(Flood elevations should be determined from the most
appropriate information available, including Federal Flood
Insurance Rate Maps):

a. Residential buildings should have the lowest floor
elevated above the 100 year flood elevation for that
site.

b. Industrial, commercial or other non-residential buildings
susceptible to flood damage should have the lowest floor
elevated above the 100 year flood elevation or be
designed and constructed so that below the 100 year flood
elevation the structure and attendant utility facilities
are watertight and capable of resisting the effects of
the regulatory flood. The design should take into
account flood velocities, duration, rate of rise,
hydrostatic and hydrodynamic forces, the effect of
buoyancy and impacts from debris. Flood proofing
measures should be operable without human intervention
and without an outside source of electricity.

c. Accessory buildings may be constructed below the 100 year
flood elevation provided there is minimal potential for
significant damage by flooding.

4.4 Flood plain encroachment No net encroachment into the flood
plain, up to that encompassed by the 100-year event, which
will adversely effect either conveyance, storage, water
quality or adjacent lands will be allowed. Any required
compensating storage shall be equivalently provided between
the seasonal high water level and the 100 year flood level to
allow storage function during all lesser flood events.

4.5 Minimum drainage

Commercial and industrial projects to be subdivided for sale
are required to install a minimum drainage system as described
in a. and b. below. Projects permitted in such a manner may
require deed restrictions which notify lot or tract purchasers
of the amount of additional on-site storm water management
system necessary to provide flood attenuation and any
additional retention/detention required for water quality
purposes.


_










DRAFT 8-29-94
PAGE B4-3

a. The required water quality system must have treatment
capacity for one inch of runoff if wet detention is used,
or one-half inch of runoff if retention, effluent
filtration or exfiltration is used, from the total
developed site and contributing offsite area.

b. A storm water collection and conveyance system must be
provided to interconnect the recention/detention system
with the project outfall, including access points to the
system available to each individual lot or tract. The
system shall be sized to limit discharge under full
build-out design conditions to the allowable discharge.

c. Exceptions to the requirements of a. and b. above can be
made, provided a conceptual permit is obtained for the
total project area.

4.6 Overdrainage and water conservation Where practicable,
systems shall be designed to:

1. maintain water tables at the highest practicable level;
the depth to which the water table can be lowered will be
determined based on the potential adverse impact on
recharge, the effect on water resources (quality and
quantity), and the necessity for fill and its impact on
existing natural upland vegetation; and

2. preserve site environmental values; and

3. not waste freshwater through overdrainage; and

4. not lower water tables which would adversely affect
existing legal uses; and

5. preserve site groundwater recharge characteristics; and

6. retain water on-site for use and re-use for irrigation
and other reasonable beneficial uses.

4.7 Historic basin storage Provision must be made to replace or
otherwise mitigate the loss of historic basin storage provided
by the project site.

4.8 Offsite Lands Adequate provisions shall be made to allow
drainage from off-site upgradient areas to downgradient areas
without adversely altering the time, stage, volume, point or
manner of discharge or dispersion and without degrading water
quality.











DRAFT 8-29-94
PAGE B4-4

4.9 Isolated wetlands owned or controlled by the applicant may be
used for flood attenuation purposes when not in conflict with
environmental or public use considerations.


I










DRAFT 8-29-94
PAGE B5-1

CHAPTER FIVE WATER QUALITY


5.1 Projects shall be designed so that discharges will meet
applicable state water quality standards.

The following design and performance standards are established
for the purpose of determining compliance with storm water
discharge requirements. However, in certain instances a
design meeting those standards may not result in compliance
with the state water quality standards referenced above.
Unless an applicant has provided reasonable assurance that a
design will not cause or contribute to a violation of state
water quality standards, the District may apply more stringent
design and performance standards than are otherwise required
by this chapter.

Projects designed to the criteria found in this section shall
be presumed to provide reasonable assurance of compliance with
the state water quality standards referenced above. The
District will consider other methods that utilize a
combination of treatment practices that will provide
equivalent treatment as compared to the systems listed in this
section. If the applicant chooses to propose a design that
does not address the specific criteria listed herein, the
applicant must provide the District with reasonable assurance
based on plans, test results and other information specific to
the design proposed that the construction, alteration or
operation of the system will not discharge, emit, or cause
pollution in contravention of the standards referenced above.

5.2 Retention, detention criteria The volume of runoff to be
treated from a site shall be determined by the type of
treatment system, i.e., wet detention, detention with effluent
filtration, on-line treatment system, or off-line treatment
system. If off-site run-off is not prevented from combining
with on-site runoff prior to treatment, then treatment must be
provided for the combined off-site/project runoff.

a. Wet detention systems

1. A wet detention treatment system shall treat one
inch of runoff from the contributing area.

2. A manmade wet detention system shall include a
minimum of 35 percent littoral zone, concentrated
at the outfall, for biological assimilation of
pollutants. The percentage of littoral zone is
based on the ratio of vegetated littoral zone to
the surface area of the pond at the control
elevation. The littoral zone shall be no deeper









DRAFT 8-29-94
PAGE B5-2

than 3.5 feet below the design overflow elevation.
The treatment volume should not cause the pond
level to rise more that 18 inches above the control
elevation. Mulching and/or planting is desirable
but not required, unless the soils in the proposed
littoral zone are not capable of supporting wetland
vegetation. In this case mulching will be
required. Native vegetation that becomes
established in the littoral zone must be maintained
as part of the operation permit. (see example VIII,
Part D)

3. Isolated natural wetlands can be used as a wet
detention system when not in conflict with
environmental or public use considerations.

(a) If the required treatment volume cannot be
detained within the limits of the isolated
wetland boundaries and range of natural water
levels, expansion of the wetland will be
allowed when it can be shown that the
excavation will not adversely impact the
wetland.

(b) The treatment volume cannot adversely impact
the wetland so that it fluctuates beyond the
range of natural water levels. The available
volume is determined on a case-by-case basis
through analysis of the isolated wetland to be
used.

(c) Provisions must be made to remove sediment,
oils and greases from runoff entering the
wetland. This can be accomplished through
incorporation of sediment sumps, baffles and
dry grassed swales or a combination thereof.
Normally, a dry grassed swale system designed
for detention of the first one-fourth inch of
runoff with an overall depth of no more than 4
inches will satisfy the requirement for prior
removal of sediment, oils and greases.

4. The wet detention system's treatment volume shall
be discharged in no less than 120 hours (5 days)
with no more than one-half the total volume being
discharged within the first 60 hours (2.5 days).

5. Due to the detention time required for wet
detention systems, only that volume which drains
below the overflow elevation within 36 hours may be


I










DRAFT 8-29-94
PAGE B5-3

counted as part of the volume required for water
quantity storage under Chapter 4.

b. Detention with effluent filtration system (manmade
underdrains).

1. A detention with effluent filtration system shall
treat the runoff from the first one inch of
rainfall; or as an option for projects or project
subunits with drainage areas less than 100 acres,
the first one-half inch of runoff. In determining
the runoff from one inch of rainfall, the applicant
must provide calculations determining runoff from
the directly connected impervious areas separately
from any other contributing area. (see example II,
Part D)

2. Filtration systems shall have a minimum of 0.5 feet
of vertical head between the center line of the
perforated pipe and the normal water elevation or
the pond bottom of the system. The seasonal high
water level must be at least one foot below the
center line of the perforated pipe (measured from
the lowest point of the perforated pipe), or
separated by structural means from the hydraulic
contribution of the surrounding water table. The
storm water must pass through a minimum of two feet
of the filter material before entering the
perforated pipe.

3. Filtration systems shall have pore spaces large
enough to provide sufficient flow capacity so that
the permeability of the filter is equal to or
greater than the surrounding soil. The design
shall ensure that the filter medium particles do
not move. The filter material shall be of a
quality sufficient to satisfy the requirements
listed below, but these requirements are not
intended to preclude the use of multilayered
filters nor the use of materials to increase ion
exchange, precipitation or pollutant absorption
capacity of the filter. The requirements are:

(a) Washed material meeting FDOT road and bridge
specifications for silica sand and quartz
gravels, or mixtures thereof (less than 1
percent silt, clay and organic matter), unless
filter cloth is used which is suitable to
retain the silt, clay and organic matter
within the filter; calcium carbonate aggregate
is not an acceptable substitute;










DRAFT 8-29-94
PAGE B5-4

(b) Uniformity coefficient 1.5 or greater; and

(c) Effective grain size of 0.20 to 0.55
millimeters in diameter.

4. The total detention volume shall again be available
within 36 hours.

5. The treatment volume can be counted as part of the
storage required for water quantity storage in
Chapter 4.

6. Maintenance of filter includes proper disposal of
spent filter material.

7. The design of the system must be such that the
water velocities and associated flow path through
the storage pond do not cause the accumulated
pollutants to be flushed out of the treatment pond
up to the 25-year, 24-hour design storm. (see
example IV, Part D)

c. On-line treatment system

1. An on-line treatment system shall treat the runoff
from the first one-inch of rainfall; or as an
option for projects or project sub-units with
drainage areas less than 100 acres, the first one-
half inch of run-off. In determining the runoff
from one-inch of rainfall, the applicant must
provide calculations determining runoff from the
directly connected impervious areas separately from
any other contributing area. (see example II, Part
D)

2. Total treatment volume shall again be available
within 72 hours, however, only that volume which
can again be available within 36 hours may be
counted as part of the volume required for water
quantity storage under Chapter 4.

3. The design of the system must be such that the
water velocities and associated flow path through
the storage pond do not cause the accumulated
pollutants to be flushed out of the treatment pond
up to the 25-year-24-hour design storm. (see
example IV, Part D)


d. Off-line treatment system


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DRAFT 8-29-94
PAGE B5-5

1. Off-line treatment system shall treat the runoff
from the first one-inch of rainfall; or as an
option for projects or project sub-units with
drainage areas less than 100 acres, the first one-
half inch of runoff. In determining the runoff
from one-inch of rainfall, the applicant must
provide calculations determining run-off from the
directly connected impervious areas separately from
any other contributing area. (see example IV, Part
D)

2. Total treatment volume shall again be available
within 72 hours, however, only that volume which
can again be available within 36 hours may be
counted as part of the volume required for water
quantity storage under Chapter 4.


e. Projects discharging directly into Outstanding Florida
Waters (OFW) shall be required to provide treatment for
a volume 50 percent more than required for the selected
treatment system (wet detention, detention with effluent
filtration, on-line retention or off-line retention).

f. Off-site treatment volumes shall be the total runoff from
one-inch of rainfall over the contributing off-site area.
The runoff from the directly connected impervious
contributing areas shall be determined separately from
the runoff from the other contributing areas.

5.3 Surface water treatment systems shall not be located closer
than 100 feet from public water supply wells (as per section
17-22.106(2) (b), F.A.C.).

5.4 Sewage treatment percolation ponds (Refer to Chapter 17-6,
F.A.C.) Above ground pond dikes shall not be located within
200 feet of water bodies or 100 feet of dry retention areas.
Additional calculations by the applicant may be necessary in
unusual cases requiring deviations from these dimensions.

5.5 Solid Waste Facilities

a. Surface water management systems for Class I and II solid
waste facilities, as defined in Chapter 17-7, F.A.C.,
shall be designed and constructed to maintain the
integrity of the landfill at all times including
construction, operation, closure and post closure.
Applicants should consult with District staff prior to
submittal of an application to determine the specific
requirements which will apply for a particular project.










DRAFT 8-29-94
PAGE B5-6

5.6 Septic Tank Septic tank systems shall be in accordance with
Rules of the Department of Health and Rehabilitative Services,
Chapter 10D-6, F.A.C.

5.7 Underground Exfiltration Systems

a. Systems shall be designed for the volumes specified in
Section 5.2(d) for off-line treatment systems.

b. Systems must have the capacity to retain the required
retention volume without considering discharges.

c. The seasonal high water level must be at least one foot
below the bottom of the exfiltration pipe.

d. Systems should not be proposed for projects to be
operated by entities other than single owners or entities
with full time maintenance staffs.
e. A safety factor of 2.0 or more shall be applied to the
exfiltration design to allow for geological uncertainties
by dividing the exfiltration rate by the safety factor.

f. Total system required volume shall again be available
within 72 hours.

g. Due to the maintenance requirements and life expectancy
of exfiltrations systems, the treatment volume required
in Section 5.2(d) cannot be counted as part of the
storage volumes required under Water Quantity Section
3.2.1.

5.8 Alterations to existing public roadway projects will be
required to treat a volume equal to those specified in Section
5.2(d) and the contributing area according to the following
options.

a. The following alterations will not require water quality
treatment when the project involves:

1. Road widening and shoulder paving which do not
create additional traffic lanes or displace
existing treatment capacity and only discharge into
Class III waters; the applicant must provide
reasonable assurance that adequate erosion and
turbidity control measures will be provided during
construction.

2. Intersection improvements which do not result in a
reduction in the treatment capacity of existing
vegetated swales and which discharge only to Class
III waters;


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DRAFT 8-29-94
PAGE B5-7

3. In-kind bridge replacements.

b. The contributing areas) to be used in calculating the
required treatment volume will be:

1. For off-line treatment systems and on-line
treatment systems, including wet-detention, which
provide storage of the treatment volume off-line
from the primary conveyance path of flood
discharges, use the area of new pavement.

2. For all other on-line treatment systems, including
wet-detention, use the entire directly connected
impervious areas contributing to the system, both
on and off-site; directly connected impervious
areas are those new and existing pavement areas
connected to the treatment systems by pavement or
pipe that contribute untreated runoff.

c. When alterations involve extreme hardship, in order to
provide direct treatment of new project area, the
District will consider proposals to satisfy the overall
public interest that shall include equivalent treatment
of alternate existing pavement areas to achieve the
required pollution abatement. For example, existing
untreated contributing areas not otherwise required to be
included for treatment may be included for treatment by
the system in lieu of direct treatment of new project
area when the pollution abatement is equivalent and
benefits the same receiving waters.

d. Existing treatment capacity being displaced by any
roadway project will require additional compensating
treatment volume. Additional volume is also required for
projects that discharge directly to OFW's. (see section
5.2(e))


5.9 Water Quality Monitoring All non-exempt surface water
management systems will be evaluated based on the ability of
the system to prevent degradation of receiving waters and its
ability to conform to state water quality standards.

5.10 General conditions related to water quality monitoring by
permittees.

a. If the applicant utilizes design criteria found in this
chapter, monitoring normally will not be required.

b. Monitoring may be required when the applicant proposes
design criteria not found in this chapter, and does not










DRAFT 8-29-94
PAGE B5-8

have specific test data or other data to support that
state water quality standards will be met.

c. Monitoring may be required in cases where there may be a
real and immediate concern regarding degradation of
quality in the receiving waters, regardless of the
pollutant removal efficiency of the drainage system.

5.11 The reason for the monitoring requirement normally will be
stated in the staff report for each permit, along with the
monitoring schedule and the parameters of interest. Although
specifics may vary from project to project, samples will
normally be collected at discharge locations. A typical
sampling schedule will require the collection of samples once
per month during the wet season, however this may vary among
projects. Some permittees may be required to collect samples
during storm events in addition to monthly sampling. Rate of
discharge at the time of sample collection and total monthly
discharge each month for the duration of the permit may also
be required.

5.12 As a general rule, monitoring required of permittees will be
confined to points within their boundaries. If additional
sampling is needed to assess off-site impacts of the projects,
such sampling normally will be conducted by the District.

5.13 Staff reports and permits for projects not requiring
monitoring at the time of permit issuance will include a
statement that water quality monitoring may be required in the
future. This should not be construed as an indication that
the District is contemplating the implementation of a program
of intensive water quality monitoring by all permittees. If
water quality problems develop in specific areas, however,
permittees are hereby put on notice that they may have to
determine the quality of the water which they are discharging.










DRAFT 8-29-94
PAGE B6-1

CHAPTER SIX CONSTRUCTION

6.1 Discharge structures

a. The construction design for all surface water
systems shall be adequate to meet all design
criteria and performance standards referred to in
this rule and any applicable standards or criteria
required by local governments. Provision should be
made for the controlled release of water volumes in
excess of that caused by the design storm event to
insure adequate performance of the system and its
continued safe operation. Construction designs
should include adequate provisions to permit
operation and maintenance activities and to prevent
unauthorized operation of operable structures.

b. All design discharges shall be made through
structural discharge facilities. Discharge
structures shall be fixed so that discharge cannot
be made below the control elevation, except that
emergency devices may be installed with secure
locking devices. Exceptions to this requirement
may be made for some agricultural systems and
mining reclamation activities.

c. Non-operable discharge structures shall not be
constructed so that they are operable.

d. Discharge structures shall include gratings for
safety and maintenance purposes. The use of trash
collection screens is desirable.

e. Discharge structures for water quality systems
shall include a "baffle" system to encourage
discharge from the center of the water column
rather than the top or bottom. Discharge
structures from areas with greater than 50 percent
impervious area or from systems with inlets in
paved areas shall include a baffle, skimmer, or
other mechanism suitable for preventing oil and
grease from discharging from detention and on-line
treatment systems.

f. Direct discharges, such as through culverts,
stormdrains, weir structures, etc., will normally
be allowed to receiving waters which by virtue of
their large capacity, configuration, etc. are
easily able to absorb concentrated discharges.
Such receiving waters might include existing storm










DRAFT 8-29-94
PAGE B6-2

sewer systems and man-made ditches, canals and
lakes.

g. Indirect discharges, such as overflow and spreader
swales, are required where the receiving water or
its adjacent supporting ecosystem might be degraded
by a direct discharge. The discharge structure
must discharge into the overflow, spreader swale,
etc. which in turn releases the water to the actual
receiving water. Affected receiving waters include
natural streams, lakes, marshes, isolated wetlands
and land naturally receiving overland sheet flow.

h. Pumped systems will only be allowed for single
owner or governmental agency operation entities,
unless perpetual operation ability can be
guaranteed.

6.2 Control devices/Bleed-down mechanisms for Detention
Systems

a. When not in conflict with meeting the District's
pre-/post-peak discharge requirement or a more
restrictive local government discharge requirement,
gravity control devices normally shall be designed
to discharge one-half of the detention volume
required by Chapter 4, within 24 hours. Devices
incorporating dimensions smaller than six square
inches of cross sectional area or two inches
minimum dimension or less than 20 degrees for "V"
notches shall include a device to eliminate
clogging. Such devices include baffles, grates,
pipe elbows, etc.

b. Gravity control devices for wet detention water
treatment systems as specified in Chapter 5, are
required to be designed to meet the bleed-down
times specified therein. Devices incorporating
dimensions smaller than those indicated in a.
above, must include a device to eliminate clogging.
Such devices include baffles, grates, pipe elbows,
etc.

c. Wet detention systems designed for both water
treatment (quality) and attenuation of the design
storm (quantity) must incorporate the requirements
of a. and b. above.

6.3 The design of retention areas shall incorporate
consideration of sediment removal, regular maintenance
and vegetation harvesting procedures.










DRAFT 8-29-94
PAGE B6-3

6.4 Wet Detention Areas

6.4.1 Dimensional Criteria (as measured at or from the control
elevation).

a. Width Wet detention water quality treatment
systems normally shall be designed with a 100 foot
minimum width for linear areas in excess of 200
feet in length. Area and width requirements can be
waived for projects to be operated by single owner
entities, or entities with full time maintenance
staffs with a particular interest in maintaining
the area, e.g., golf courses. Further
consideration will be given to treatment areas not
meeting the above width to length ratio if it can
be shown that the design of the system will
maximize circulation by location of inflow and
outflow points.

b. Depth The detention or retention area shall not
be excavated to a depth that breaches an aquitard
such that it would allow for lesser quality water
to pass, either way, between the two systems. In
those geographical areas of the District where
there is not an aquitard present, the depth of the
pond shall not be excavated to within two (2) feet
of the underlying limestone which is part of a
drinking water aquifer.

c. Side slopes for purposes of public safety,
enhancement and maintenance, all retention or
detention areas should have side slopes no steeper
than 4:1 (horizontal: vertical) out to a depth of
two feet below the control elevation.

d. Side slopes steeper than 4:1 will require a six
foot chain link fence or other equivalent
protection completely surrounding the retention or
detention area for purposes of public safety.

6.4.2 Support Facility Design Criteria:

a. Perimeter maintenance and operation easements, with
a minimum width of 20 feet and slopes no steeper
than 4:1 (horizontal: vertical), should be
provided landward of the control elevation water
line. Widths less than 20 feet are allowed when it
can be demonstrated that equipment can enter and
perform the necessary maintenance for the system.


Exfiltration systems


6.5










DRAFT 8-29-94
PAGE B6-4

a. Pine diameter 12 inch minimum

b. Trench width 3 foot minimum

c. Rock in trench must be enclosed in filter material.

d. Maintenance sumps in inlets

6.6 Impervious areas runoff shall be discharged from
impervious surfaces into retention areas, or through
detention devices, filtering and cleansing devices, or
subjected to some type of Best Management Practice (BMP)
prior to discharge from the project site. For projects
which include substantial paved areas, such as shopping
centers, large highway intersections with frequent
stopped traffic, and high density developments,
provisions shall be made for the removal of oil, grease
and sediment from storm water discharges.

6.7 Stagnant water conditions configurations which create
stagnant water conditions such as dead end canals are to
be avoided, regardless of the type of development.

6.8 Sediment sumps shall:

a. Remove a particle of .1 mm in diameter
(approximately a No. 100 sieve size) unless it can
be shown another grain size is more appropriate for
the site. (see example III, Part D)

b. Be designed for an inflow rate equal to the design
peak flow rate of the project's internal storm
water system.

c. Include a maintenance schedule for sediment and
vegetation removal.


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DRAFT 8-29-94
PAGE B7-1

(The entire text with no changes in Section 4.0, Basis of Review
dated January 1994 has been transferred to new Chapter Seven)
CHAPTER SEVEN DESIGN INFORMATION

7.1 Antecedent Conditions normal average wet season (AMC
II)

7.2 Rainfall Volume The Southwest Florida Water Management
District's 24-hour, 25-year and 100-year rainfall
isohyetal maps will be used to determine rainfall
amounts. (See Part C)

7.3 Rainfall Distribution The Soil Conservation Service
Type II Florida Modified 24-hour rainfall distribution
will be used. (See Part C)

7.4 Storage

7.4.1 Open Surface If open surface storage is to be
considered in the review, the applicant must submit
stage-storage computations. If open surface storage plus
discharge is to be considered, the stage discharge
computations will also be submitted. Actual rather than
allowable discharges shall be used in routing.
Discharges will be based on the tail water resulting from
the normal seasonal high water elevation of the receiving
waters. For extreme events, such as the 100-year
frequency, discharge will be based on the tail water
resulting from a 100-year flood on the receiving waters.

7.5 Infiltration and Percolation

7.5.1 Ground Surface Ground surface infiltration will be
reviewed on the basis of commonly accepted procedures
such as those of Soil Conservation Service (see U.S.
Department of Agriculture, Soil Conservation Service
Technical Paper No. 149, "A Method for Estimating Volume
and rate of Runoff in Small Watersheds" (1973), and U.S.
Department of Agriculture, Soil Conservation Service
Technical Release No. 55, "Urban Hydrology for Small
Watersheds" (1975); or Rational Method (see State of
Florida Department of Transportation, "Drainage Manual"
(1987); or standard civil engineering textbooks), unless
test data are submitted to justify other procedures.

7.5.2 Subsurface subsurface exfiltration will be reviewed
only on the basis of representative or actual test data
submitted by the applicant. Tests shall be consistent as
to elevation, location, soils, etc. with the system
design to which the test data will be applied.










DRAFT 8-29-94
PAGE B7-2

7.6 Runoff the usual methods of computation are as follows:

a. Rainfall minus losses and storage.

b. Soil Conservation Service (see U.S. Department of
Agriculture, Soil Conservation Service, "National
Engineering Handbook, Section 4, Hydrology"
1972).

c. Rational method, for systems serving projects of
less than 10 acres total contributing area (see
State of Florida Department of Transportation,
"Drainage Manual" Volume 2A 1987; or standard civil
engineering texts).

d. Others as approved by the District.

7.7 Receiving Water Stage

7.7.1 Regulated Systems design and maintained stage
elevations should be available either from the local
jurisdiction or the District. Stages for frequencies
other than the design will be estimated by the District
upon request from the applicant.

7.7.2 Non-regulated Systems the applicant should compute
receiving water stages for such systems from the best
available data and submit the results to the District for
review and concurrence before utilizing such results in
further computations.

7.7.3 All Systems variable tailwater stages should be
considered if they have a significant influence on the
design.

7.8 Discharge

7.8.1 Allowable Discharges peak discharge, for purposes of
meeting maximum allowable discharges, may normally be
computed as the maximum average discharge over a time
period equal to the time of concentration of the
contributory area.










APPENDICES



1. Permit application forms. Statement of Completion for all
permits. Statement of Inspection for Proper Operation and
Maintenance.


2. Lands, Basins and Water Courses having specific design
criteria.

3. [RESERVED]
4. Establishment and Use of Regional Mitigation Banks.

5. Aquatic and Wetland Dependent Listed Species Using Uplands for
Nesting or Denning.

6. Drainage Basins in the Southwest Florida Water Management
District.


B/APP-1





































































B/APP-2










Individual Permic Review Process (40D-4, F.A.C.) Here


B/APP-3












General Permit Review Process (40D-40, F.A.C.) Here


B/APP-4


I










Noticed General Permic Review Process (40D-40.111, F.A.C.) Here


B/APP-5














FORMS

PERMIT APPLICATION FORMS; STATEMENT OF COMPLETION;


STATEMENT OF INSPECTION





Note: Application forms have been changed as of July 1, 1994. The
new forms are as follows:

Form 46.10-001(10/88) Noticed General Construction (Blue)
Form 46.10-002(10/88) Construction Permit (Green)
Form 46.10-003(10/88) Conceptual Permit (Red)

If these forms are not attached to your manual, please contact your
nearest Service Office.


B/APP-6


I










Noticed General Construction/Permit Application Here
(5 pages) last page of double side blank


B/APP-7










Construction Permit/Permit Application Here
(6 pages)


B/APP-8










Conceptual Permit/Permit Application Here
(5 pages) last page of double side has District Permitting
Regions Map o i


B/APP-9











Statement of Completion
and Request for Transfer to Operation Entity

Within 30 days after completion of construction of the Surface Water Management
system, the owner or authorized agent must SEND THE ORIGINAL PLUS ONE COPY OF
THIS FORM AND TWO COMPLETE SETS OF CERTIFIED AS-BUILT DRAWINGS for the Surface
Water Management system structures and appurtenances to the Southwest Florida
Water Management District, 2379 Broad Street, Brooksville, Florida 34609-6899.
Upon receipt, the District will review this statement of completion and may
inspect the system for compliance with the approved permit and as-built drawings.
Within 30 days after receipt of this statement, the District will notify the
permitted whether the operation phase of the permit may commence. The operation
phase of this permit is effective when the statement of completion form is signed
by an authorized District representative.


(1) SURFACE WATER MANAGEMENT SYSTEM INFORMATION:


Permit No.:


County:


Project Name:

Permittee:

Address:


City:


State: Zip:


Telephone:


( ____ _____________


(2) I hereby certify that all facilities have been built substantially in
accordance with the approved permit design plan and that any substantial
deviations (attached) will not prevent the system from fluctuating in compliance
with the requirements of this chapter. This certification is verified by the
attached "as-built" drawings (as-built drawings and certification must be signed
and sealed by a Professional Engineer, if required by Chapter 471, F.S.).


Signature of Engineer of Record Name (Please Type)


Florida Registration No.


(Affix Seal)


Company Name


Company Address


Phone: ( )


MSW/Comp REP 25.3-15-4/87


Date:




Page 1 of 2



B/APP-10


I











(3) The District is hereby notified that construction of the Surface Water
Management system is completed, and the Permittee requests that the Environmental
Resource Permit be transferred to :he entity for operation and maintenance as
named in Section i4 .


Signature of Owner, Permittee or
Authorized Agent


Name and Title (Please Type)


Company Name


Address


Permit Number:


City, State, Zip

Phone:( _


(4) The below-named entity or individual agrees to maintain and operate the
Surface Water Management system in compliance with all permit conditions and the
provisions of Chapter 40D-4, Florida Administrative Code (F.A.C.).


By:
Signature of Individual or Authorized Name of Individual or Operation Entity
Agent For Operation Entity


NAME AND TITLE (Please Type)


Permit Number:


Address

City, State, Zip

Phone: ( )
Date:


RESPONSIBILITY FOR MAINTENANCE AND OPERATION MAY BE TRANSFERRED TO ANOTHER ENTITY
ONLY UPON WRITTEN NOTICE AND APPROVAL BY THE DISTRICT IN ACCORDANCE WITH RULE
40D-4.351, F.A.C.


I SWFWMD USE ONLY

Based upon the certification by the Engineer of Record in Section (2) and the
notice of completion in Section (3), the responsibility for operation and
maintenance of the system is transferred to the entity named in Section (4), and
the operation phase of this permit is effective on the date indicated below.

Southwest Florida Water Management District


Authorized District Representative


Name and Title


Permit Number:


MSW/Comp REP 25.3-15-4/87


Page 2 of 2


B/APP-11


Date:











Statement of Inspection for Proper Operation
and Maintenance


Within 30 days after completion of the inspection for proper operation and
maintenance, the operation and maintenance entity or its authorized agent must
SEND THE ORIGINAL PLUS ONE COPY OF THIS FORM to the Southwest Florida Water
Management District, 2379 Broad Street, Brooksville, Florida 34609-6899. Upon
receipt, the District will review this statement and may inspect the system for
compliance with the approved permit and as-built drawings.


(1) SURFACE WATER MANAGEMENT SYSTEM INFORMATION:


PERMIT NO. :

PROJECT NAME:

PERMITTED:

ADDRESS:


CITY:

TELEPHONE:


COUNTY:


STATE:


ZIP:


(2) I hereby certify that an inspection of the above-referenced system was
performed on and further certify based on my
observations that all above-ground facilities are being operated and maintained
as authorized by the Southwest Florida Water Management District. I further
state that it is my opinion based on by observations, knowledge, experience and
any other available information that the below-ground facilities are being
operated and maintained as authorized.


Signature of Engineer


(Affix Seal)


Name (Please Type) Florida Registration No.


Company Name


Company Address



Phone: (_

Date:


Form No. 25.03-15.1-9/87


B/APP-12






































































B/APP-13

















LAND, BASINS AND WATER COURSES HAVING SPECIFIC DESIGN CRITERIA


B/APP-14


1











APPENDIX 2


The following lands, basins, and water courses have specific design
criteria different than that found in Part B of the Basis of
Review. It is suggested that you contact the Districz for a
preapplication meeting to discuss appropriate criteria.

COUNTY:


Hillsborough:
location.


See maps on following pages for approximate


1. *Delaney Creek Basin: Water quantity only.
requirements as Hillsborough County).


(Same quantity


2. Tampa By-Pass Canal: Specific quantity limitations. Existing
connections to canal, operation levels within canal.

3. "Northwest Hillsborough Channels: A, G, and H: Water quantity
only.


B/APP-15












Delaney Creek Watershed Map Here


B/APP-16


I










Tampa Bypass Canal Watershed Map Here


B/APP-17










Channels A, G. & H Wathersheds Map Here


B/APP-18










Need Appendix 6 here
Establishment of Regional Mitigation Banks


B/APP-19










APPENDIX 3

^RESSRVSE


B/APP-20










APPENDIX 4
BASIS OF REVIEW FOR THE ESTABLISHMENT AND USE OF
MITI-ATICN BANKS


B/APP-21









1. Intent. The Environmental Reorganization Act of 1993 directs
the District to adopt rules governing the creation and use of
't atizn han'3s to czfse adverse :ipac:cs caused 1y active _=::es
regulated under Part IV of Chapter 373, F.S. This rule, 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
rule does not supersede any other criteria and requirements in
rules promulgated under Part IV of Chapter 373, F.S.
The District intends that Mitigation Banks be used to minimize
mitigation uncertainty associated with traditional mitigation
practices and provide greater assurance of mitigation success. It
is anticipated that the consolidation of multiple mitigation
projects into larger contiguous areas will provide greater
assurance that the mitigation will yield long-term, sustainable,
regional ecological benefits. Mitigation Banks should emphasize
restoration and enhancement of degraded ecosystems and the
preservation of uplands and wetlands as intact ecosystems rather
than alteration of landscapes to create wetlands.
Nothing in this rule 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 rule. If a
permitted wishes to substantially modify a mitigation bank
previously established by agreement or permit, the permitted must
comply with this rule. This rule does not prohibit an applicant
from proposing project-specific, pre-construction mitigation, or
off-site mitigation, without establishing a Mitigation Bank
pursuant to this rule.

2. Definitions. As used in this rule:
(A) "Banker" means an entity that creates, operates, manages,
and maintains a Mitigation Bank pursuant to a Mitigation Bank
Permit.
(B) "Ecological Value" means 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.
(C) "Mitigation Service Area" means 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.
(D) "Mitigation Bank Permit" means a permit issued to a
banker to construct, operate, manage and maintain a Mitigation
Bank.
(E) "Mitigation Bank" means a project undertaken to provide
for the withdrawal of mitigation credits to offset adverse impacts.


B/APP-22









(F) "Regional Watershed" means a watershed as delineated in
Exhibit 1.

3. Use of a Mitigation Bank.
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
(B) use of the Mitigation Bank would provide greater
improvement in ecological value than on-site mitigation.
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. Criteria for Establishing a Mitigation Bank. The following
criteria shall be met to establish a Mitigation Bank:
(A) The banker shall provide reasonable assurance that the
proposed Mitigation Bank will:
(1) improve ecological conditions of the regional
watershed;
(2) provide viable and sustainable ecological and
hydrological functions for the proposed mitigation service area;
(3) be effectively managed in the long term;
(4) not destroy areas with high ecological value;
(5) achieve mitigation success; and
(6) be adjacent to lands which will not adversely affect
the long-term viability of the bank due to unsuitable land uses or
conditions.
(B) A Mitigation Bank may be implemented in phases if each
phase independently meets the requirements of subsection 4 (A)
above.
(C) The banker shall:
(1) have sufficient legal or equitable interest in the
property to meet the requirements of section 10 of this rule; and
(2) meet the financial responsibility requirements of
section 11 of this rule.

5. Mitigation Bank Permit Applications. Any person or entity
proposing to establish a Mitigation Bank must apply for a
Mitigation Bank Permit. An application for a Mitigation Bank
Permit shall also include an application for any required permit
authorized under Part IV of Chapter 373, F.S. 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 rule, each
Mitigation Bank Permit application submitted to the District shall
include the information required pursuant to Part IV of Chapter


B/APP-23









373, F.S., and the information specified below as appropriate for
the project:
A, s A ..... = 3 te ccatcn e rccsed CMigaLn
Bank which shall include:
(1) a map at regional scale showing the project area in
relation to the regional watershed and proposed mitigation service
area;
(2) 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;
(3) an aerial photograph identifying boundaries of the
project area;
(4) a highway map showing points of access to the
Mitigation Bank for site inspection; and
(5) a legal description of the proposed Mitigation Bank.
(B) A description of the ecological significance of the
proposed Mitigation Bank to the regional watershed in which it is
located.
(C) A description and assessment of current site conditions
which shall include:
(1) a soils map of the project area;
(2) a topographic map of the project area and adjacent
hydrologic contributing and receiving areas;
(3) a hydrologic features map of the project area and
adjacent hydrologic contributing and receiving areas;
(4) current hydrologic conditions in the project area;
(5) a vegetation map of the project area;
(6) ecological benefits currently provided to the
regional watershed by the project area; and
(7) 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.
(D) A mitigation plan describing the actions proposed to
establish, construct, operate, manage and maintain the Mitigation
Bank which shall include:
(1) construction-level drawings detailing proposed
topographic alterations and all structural components associated
with proposed activities;
(2) proposed construction activities, including a
detailed schedule for implementation;
(3) the proposed vegetation planting scheme and detailed
schedule for implementation;
(4) measures to be implemented during and after
construction to avoid adverse impacts related to proposed
activities;
(5) 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


B/APP-24









(6) a proposed monitoring plan to demonstrate mitigation
success.
(3) A. assessment of improvement: cr chaznes in ecclogical
value anticipated as a result of proposed mitigation actions which
shall include:
(1) a description of anticipated site conditions in the
Mitigation Bank after the mitigation plan is successfully
implemented;
(2) a comparison of current fish and wildlife habitat to
expected habitat after the mitigation plan is successfully
implemented; and
(3) a description of the expected ecological benefits to
the regional watershed.
(F) Evidence of sufficient legal or equitable interest in the
property which is to become the Mitigation Bank to meet the
requirements of section 10 of this Rule.
(G) Draft documentation of financial responsibility meeting
the requirements of section 11 of this Rule.
(H) Any additional information which may be necessary to
evaluate whether the proposed Mitigation Bank meets the criteria of
this chapter.

6. Establishment of Mitigation Credits.
(A) Based upon the information submitted by the applicant,
and an assessment of the proposed Mitigation Bank pursuant to the
criteria in this rule, the District will assign a number of
Mitigation Credits to the proposed Mitigation Bank, or phases
thereof.
(B) 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 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:
(1) The extent to which target hydrologic regimes can be
achieved and maintained.
(2) The extent to which management activities promote
natural ecological conditions, including natural fire patterns.
(3) The proximity of 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.
(4) The quality and quantity of wetland or upland
restoration, enhancement, preservation, or creation.


B/APP-25










(5) The ecological and hydrological relationship between
wetlands and uplands in the Mitigation Bank.
e The extent o: which :he Mitiga:ti7n 3ankc 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.
(7) 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.
(8) The extent that lands to be preserved would be
adversely affected if they were not preserved.
(9) Any special designation or classification of the
affected waters and lands.
(C) No credit shall be available for freshwater wetland
creation until the success of the created wetlands is demonstrated.
(D) Some Mitigation Credits may be withdrawn prior to meeting
all of the performance criteria specified in the Mitigation Bank
Permit as determined by the likelihood of success. 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.
(E) Mitigation Credits available for withdrawal may be
transferred, sold or used subject to the provisions of this rule.
(F) 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 when the banker comes back into compliance.
(G) 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.
(H) 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.
(I) The District shall maintain a ledger of the Mitigation
Credits available in each Mitigation Bank. Mitigation Credits
shall be withdrawn as a non-substantial modification of the
Mitigation Bank Permit. To withdraw Mitigation Credits, the impact
permit applicant must submit to the agency permitting the impact,
documentation from the banker that Mitigation Credits have been
reserved, sold or transferred to the permit applicant and
requesting that the Mitigation Credits be withdrawn from the
Mitigation Bank. If the agency permitting the impact determines
that use of the Mitigation Credits is appropriate, it shall notify
the District. Upon receipt of this notice, the District shall
determine if a sufficient number of Mitigation Credits are
available, withdraw the Mitigation Credits, and notify the agency
permitting the impact and the banker by letter of the withdrawal of


B/APP-26









the Mitigation Credits and the remaining balance of Mitigation
Credits.
When he Dis-tri ies the anker, t:.e -:- "
maintain its own ledger. The District shall annually submit a
report of the Mitigation Credits sold, transferred, or used from
its Mitigation Bank to the District.

7. Contribution of Lands. A permit applicant may contribute land
to a Mitigation Bank if:
(A) the adverse impacts to be offset by the land donation are
within the mitigation service area, except as provided in Section
9(C), of the Mitigation Bank;
(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 10 of this rule; and
(F) the grantee of the conservation easement or fee simple
interest agrees to accept such conveyance.

8. Contribution of Funds. Funds may be contributed to a Mitigation
Bank by purchasing Mitigation Credits from the banker. The cost
per Mitigation Credit from a District Mitigation Bank shall be set
by the District but shall not exceed the higher of:
(A) the estimated cost, at the time of final permit
processing, of creating one acre of wetland on the project site,
including the current tax assessed value of lands to be used for
mitigation, and construction, operation, monitoring, and management
costs; or
(B) the District's estimated costs per credit for
acquisition, design, construction, operation, monitoring and
management of the Mitigation Bank.

9. Mitigation Service Area.
(A) 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 Mitigation Service
Area will typically be co-extensive with the regional watershed in
which the Mitigation Bank is located, however, 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.
(B) 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


B/APP-27









State Concern, if adverse impacts throughout the regional watershed
could not be offset by the Mitigation Bank because of local

(C) Mitigation Service Areas may overlap and multiple
Mitigation Service Areas may be approved for a regional watershed.
(D) In addition to projects located wholly within the
Mitigation Service Area of a Mitigation Bank, the following
projects are eligible to use a Mitigation Bank if the requirements
in section three are met:
(1) projects with adverse impacts partially located
within the Mitigation Service Area, including linear projects, such
as roadways, transmission lines, distribution lines, pipelines, or
railways, which intersect a Mitigation Service Area; or
(2) projects with total adverse impacts of less than
one-half acre in size.
(E) 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.
(F) 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, as appropriate.

10. Land Use Restrictions on Mitigation Banks.
(A) Before Mitigation Credits may be used from a Mitigation
Bank or any phase of a Mitigation Bank, the banker shall either
(1) cause a fee simple interest to be conveyed to the District, or
(2) cause a conservation easement to be conveyed to the District.
The grantor may convey a conservation easement to additional
grantees upon District approval. Mitigation Banks on Federally
owned land shall be encumbered in perpetuity by conservation
easements or other mechanisms ensuring preservation in accordance
with the Mitigation Bank permit.
(B) All conservation easements shall be granted in perpetuity
without encumbrances, unless such encumbrances do not adversely
affect the ecological viability of the Mitigation Bank. All
conservation easements shall be of a form and content acceptable to
the District, and shall, at a minimum, be consistent with all the
requirements and restrictions of Section 704.06, F.S., except as
provided in the Mitigation Bank permit, and meet the requirements
of subsection 10(H), however, the District shall require further
restrictions in the conservation easement if necessary to ensure
the ecological viability of the Mitigation Bank.
(C) 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
bank and are acceptable to the District. The District may also
accept a quit claim deed in order to aid in clearing minor title
defects or otherwise resolve a boundary question in the Mitigation
Bank.


B/APP-28










(D) The grantor of the property or conservation easement
shall provide the following unless the District determines such
items are not necessary t_3 --'' t r e -ngr__ o e i iaofzn
Bank:
(1) A survey of the property or the area within the
conservation easement. The survey must be certified by a land
surveyor or professional engineer registered in the State of
Florida to meet the requirements of the District, and the minimum
technical standards set forth by the Florida Board of Professional
Land Surveyors in Chapter 21 HH-6, Florida Administrative Code,
pursuant to Section 472.027, F.S.
(2) A certified appraisal of the market value of the
property or interest to be conveyed to determine the appropriate
amount of title insurance.
(3) Assurance of the marketability of the interest in
real property being acquired in the form of a marketable title
commitment and owner's title policy (ALTA Form B) in an amount at
least equal to the fair market value, as established in subsection
(2), of the real property. The coverage, form and exceptions of
the title insurance policy shall be subject to District approval in
order to assure that the District's interests are fully protected.
(4) If a fee simple interest is being conveyed, a Phase
I environmental audit identifying any environmental problems which
may affect the liability of the District and any additional audits
as determined necessary.
(E) 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.
(F) 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 necessary, the grantor
shall, in accordance with Section 196.295, F.S., place funds in
escrow with the county tax collector.
(G) The grantor shall remove all abandoned personal property
and solid waste from the property to satisfaction of the District
as a condition of receipt of the conveyance.
(H) 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 comply with the Mitigation Bank
Permit and any permits issued under this Part, and the District
shall have access to perform these acts, but without the obligation
to do so, if the banker fails to do so.
(I) 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.

11. Financial Responsibility.


B/APP-29










(A) To provide reasonable assurances that the proposed
Mitigation Bank will meet the requirements of this rule and the
associated permit contains, ncn-governmental bankers shall
provide proof of financial responsibility for: (1) the construction
and implementation phase of the bank, and (2) the long term
management of the bank, as required in this rule. Governmental
entities shall provide proof of financial responsibility pursuant
to Section (11) (H) of this rule. The amount of financial
responsibility provided in the mechanisms required in this rule
shall be based on the cost estimates determined pursuant to Section
(11)(F).
(B) 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 timeframes specified in the
permit. The provisions of this section shall also apply for any
modifications to the Mitigation Bank Permit.
(C) General Terms for Financial Responsibility Mechanisms.
In addition to the specific provisions regarding financial
responsibility mechanisms for construction and implementation in
subsection (D) and long term management in subsection (E) the
following terms shall be complied with:
(1) The financial mechanisms shall name the District as
sole beneficiary or shall be payable to the District. The
financial responsibility mechanism shall be retained by the
District as appropriate.
(2) 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
with an amount of Federal Deposit Insurance Corporation insurance
at least equal to the amount of required financial responsibility.
(3) No person shall withdraw or transfer any portion of
the monies provided for financial responsibility without first
obtaining prior written approval from the District.
(4) The financial responsibility mechanisms shall not
expire or terminate prior to completion of the applicable permit
conditions.
(5) The financial responsibility mechanisms shall not be
terminated or cancelled by the banker without prior written consent
of the District. 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 rule and obtain prior written approval of
the mechanism from the District.
(6) 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.
(D) Financial Responsibility for Construction and
Implementation.


B/APP-30









(1) No financial responsibility shall be required where
the construction and implementation of the Mitigation Bank, or a
phase thereof, is complced and successful prior =o :he withdrawal
of any credits.
(2) 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.
(3) The amount of financial responsibility established
shall equal the cost of construction/implementation of each phase
of the Mitigation Bank which is being implemented, pursuant to
Section (11) (F) of this rule. When a current phase has been deemed
by staff to be completely constructed and implemented in compliance
with the permit, the respective amount of financial responsibility
shall either be released, or transferred to the long term
management financial responsibility mechanism.
(4) 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 Mitigation Bank permit prior to initiation of implementation
and construction of the subject phase.
(E) Financial Responsibility for the Long Term Management.
(1) A banker shall establish a trust fund agreement to
provide financial responsibility for the long term management of
the Mitigation Bank, or phase thereof Trust fund agreements shall
be submitted in a format approved by the District and which meets
the standard industry practices.
(2) The amount of financial responsibility shall equal
the cost of long term management, pursuant to Section (11) (F) of
this rule, for all previously constructed phases and the current
phase for which credits have been approved for withdrawal.
(3) 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.
(F) Cost estimates.
(1) For the purposes of determining the amount of
financial responsibility that is required in this rule, the banker
shall submit a detailed written estimate, in current dollars, of
the total cost of construction/implementation and long term
management of the Mitigation Bank.
(2) 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.


B/APP-31
bti- ... "









(3) The cost estimate for the long term management of
the Mitigation Bank shall be based on the costs of maintaining and
operating any s. Us, concroling nuisance or exozic 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.
(4) The banker shall submit the estimates, together with
verifiable documentation, to the District for approval along with
the proof of financial responsibility.
(5) 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.
(G) Cost adjustments.
(1) The banker shall, every two years, adjust the amount
of financial responsibility provided for
construction/implementation and long term management. Every two
years the banker shall submit to the District a cost adjustment
statement accompanied by supporting documentation.
Construction/implementation and long term management costs shall be
listed separately.
(2) At each cost adjustment,the banker shall revise the
construction/implementation cost estimate for inflation and changes
in the costs to complete the current phase of the Mitigation Bank.
(3) 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.
(4) Revised cost estimates shall be used as the basis
for modifying the financial mechanism. If the value of the
financial mechanism is less than the total amount of the current
construction/implementation and long term management cost
estimates, the banker shall, upon District approval, 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.
(5) The District may require adjustment of the amount of
financial responsibility provided for construction/implementation
and/or long term management at times other than the cost adjustment
period when the costs associated with compliance with the permit
conditions exceed the current amount of financial responsibility
and such financial assurances are deemed necessary to ensure
compliance.with the permit conditions.
(H) Financial Responsibility for Governmental, Non-District,
Mitigation Banks.
(1) Governmental entities other than the District shall
demonstrate financial responsibility for construction and
implementation by any of the mechanisms in Section 11(D) above, or


B/APP-32









by other financial mechanisms acceptable to the District which are
sufficient to meet the requirements of this rule.
2, 3cvernmencal entities other 3han the Discrict shall
establish a trust fund or other financial mechanisms acceptable to
the District which are sufficient to meet the requirements of this
rule for the long term management of the Mitigation Bank in
accordance with Section 11(E) 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. The cost adjustment
provisions in Section 11(G) shall be complied with.

12. Mitigation Bank Permit. If the Mitigation Bank proposal meets
the criteria in this rule, the District shall issue a Mitigation
Bank Permit to the banker. A permit under this rule may be issued
in two forms, a Mitigation Bank Permit or a Mitigation Bank
Conceptual Approval.
(A) The Mitigation Bank Permit authorizes the implementation
and operation of the Mitigation Bank and sets forth the rights and
responsibilities of the banker for the implementation, management,
maintenance and operation of the Mitigation Bank. The Mitigation
Bank Permit shall include the following:
(1) A description of the Mitigation Service Area.
(2) 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.
(3) The success criteria by which the Mitigation Bank
will be evaluated.
(4) 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.
(5) Requirements for the execution and recording of the
conservation easement or conveyance of the fee interest as provided
in section 10 of this rule.
(6) A ledger listing Mitigation Credits available in the
Mitigation Bank.
(7) A schedule for implementation of the Mitigation
Bank, and any phases therein.
(8) The long term management requirements for the
Mitigation Bank.
(B) A Mitigation Bank Permit 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.
Except as provided above, a Mitigation Bank Permit shall be
perpetual unless revoked or modified.
(C) A Mitigation Bank Conceptual Approval estimates the legal
and financial requirements necessary for the Mitigation Bank,


B/APP-33










information necessary for evaluation of the Mitigation Bank Permit
application, and potential Mitigation Credits to be awarded
pursuant to the Mitigation Bank Permi:. The Mitigaion 3ank
Conceptual Permit does not authorize the use or withdrawal of
Mitigation Credits or any construction within the 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.

13. Surrender, Transfer, or Modification of Mitigation Bank
Permits.
(A) 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.
(B) If a property interest has been conveyed as provided in
Section 10 for a Mitigation Bank permit which is surrendered as
provided above, the District shall convey the property interest
back to the grantor of that interest.
(C) If a surface water management system has been constructed
or altered within the Mitigation Bank, the banker shall obtain any
permits required pursuant to Part IV of Chapter 373, F.S., to
operate or abandon the surface water management system.
(D) To transfer a Mitigation Bank Permit, the banker shall
meet the requirements of section 40D-1.612 and the entity the
permit will be transferred to must provide reasonable assurances
that it can meet the requirements of sections 10 and 11 of this
rule.
(E) A Mitigation Bank Permit can be issued as a modification
of a Mitigation Bank Conceptual Approval.

14. Department of Environmental Protection Mitigation Banks. The
Department may construct, operate, manage, and maintain a
Mitigation Bank pursuant to this rule after obtaining a Mitigation
Bank Permit from the District.
(A) The Department may apply to establish a Mitigation Bank
by submitting a Mitigation Bank plan, meeting the applicable
permitting criteria of this rule, in one of the following formats:
(1) A Mitigation Bank plan identifying one or more
parcels of lands to be acquired for mitigation site(s).
(2) A Mitigation Bank plan identifying one or more
parcels of land in which the District has a legal or equitable
interest.
(B) Land Use Restrictions on Department Mitigation Banks.


B/APP-34










(1) The Department shall maintain the land within the
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.
(C) 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 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.
(D) Procedures for Establishment of Mitigation Banks.
Mitigation Banks established by the Department shall be permitted
pursuant to the procedures that certain First Amendment To
August 28, 1992, Operating Agreement Concerning Management and
Storage of Surface Waters Regulation, and Wetland Resource
Regulation Between the Southwest Florida Water Management District
and Department of Environmental Regulation.


B/APP-35










APPENDIX 5


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


B/APP-36









APPENDIX 5


LIST3E W:LZL:ZI- 3P2CIES THAT ARE AUATIC CR WETLAND DEPENDENT
AND THAT USE UPLAND HABITATS FOR NESTING OR DENNING

Fishes

Species of Special Concern

Rivulus marmoratus (mangrove rivulus; rivulus)

Reptiles

Endangered

Chelonia mydas mydas (Atlantic green turtle)
Crocodylus acutus (American crocodile)
Dermochelys coriacea (leatherback turtle; leathery turtle)
Eretmochelys imbricata imbricata (Atlantic hawksbill turtle)

Lepidochelys kempi (Atlantic ridley turtle)

Threatened

Diadophis puctatus acricus (Big pine key ringneck snake; key
ringneck snake)
Caretta caretta caretta (Atlantic loggerhead turtle)

Drymarchon corais couperi (Eastern indigo snake)

Species of Special Concern

Alligatormississippiensis (American alligator)
Graptemys barbouri (Barbour's map turtle; Barbour's sawback
turtle)
Macroclemys temmincki (alligator snapping turtle)
Pseudemys concinna suwanniehsis (Suwannee cooter)


Birds

Endangered

Ammodramus maritimus mirabilis (Cape sable seaside sparrow)
Mycteria americana (wood stork)
Rostrhamus sociabilis (Snail kite)

Threatened

Charadriusalexandrinus tenuirostris (southeastern snowy
plover)
Charadrius melodus (piping plover)


B/APP-37









Columba leucocephalus (white-crowned pigeon)
Grus canadensis pratensis (Floria sandhill crane)
Ialiia~ee^s lucccephala (bald eagle/
Picoides borealis (red-cockaded woodpecker) ONLY IN LEE,
COLLIER AND CHARLOTTE COUNTIES.
Sterna antillarum (least tern)
Sterna dougallii (roseate tern)
Polyborus plancus audubonii (Audubon's crested caracara)

Species of Special Concern

Ajaia ajaia (reseate spoonbill)
Ammodramus maritumus juncicolus (Wakulla seaside sparrow)
Ammodramus maritimus peninsula (Scott's seaside sparrow)
Aramus quarauna limpkinn)
Cistothorus palustais griseus (Worthington's marsh wren)
Cistothorus palustris marianae (Marian's marsh wren)
Egretta caerulea (little blue heron)
Egretta rufescens (reddish egret)
Egretta thula (snowy egret)
Egretta tricolor tricoloredd heron; Louisiana heron)
Haematopus palliatus (American oystercatcher)
Pandion haliaetus (osprey) ONLY IN MONROE COUNTY.
Rhynchops niger (black skimmer)


Mammals

Endangered

Felis concolor coryi (Florida panther)
Microtus pennsylvanicus dukecambelli (Duke's saltmarsh vole;
Florida saltmarsh vole)
Myotis grisescens (gray bat)
Myotis sodalis (Indiana bat)
Odocoileus virginianus clavium (Key deer; toy deer)
Oryzomys agentatus (silver rice rat)

Threatened

Mustela vison evergadensis (Everglades mink)
Sciurus niger avicennia (Big Cypress fox squirrel; mangrove
fox squirrel)
Ursus americanus floridanus (Florida black bear)
Orytzomys palustris sanibeli (Sanibel Island rice rat)
Sciurus.niger. shermani (Sherman's fox squirrel) THIS SPECIES
IS WETLAND DEPENDENT ONLY IN CHARLOTTE AND LEE COUNTIES.


B/APP-38












APpENDIX 5
DRAINAGE BASINS IN THE SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT


B/APP-39










Map Inserted Here


B/APP-40


I




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