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ALTERNATE PUBLIC HEARING / NOTICE DRAFT 1/2/87
PROPOSED AMENDMENT 1
40B-4.1020 Definitions
40B-4.1020(1)-(6) no change
40b-4.1020(7) "Contiguous wetland" means a wetland
which has a direct hydrologic connection to a water of the state
or work of the district; or, a wetland that has been determined
to fall under the jurisdiction of the Florida Department
Environmental Regulation pursuant to s.403.913, Florida Statutes.
40B-4.1020(8)-(25) no change
40B-4.1020(26) "Isolated wetland" means a wetland which
has- o does not have a direct hydrologic connection to a water of
the state; or. a wetland that has been determined to be outside
the jurisdiction of the Florida Department of Environmental
Regulation pursuant to s.403.913, Florida Statutes. Wetlands that
have a manmade hydrologic connection to a water of the state may
also be treated as isolated wetlands when they have been
determined to be outside the jurisdiction of the Florida
Department of Environmental Regulation.
40B-4.1020(27)-(56) no change
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ALTERNATE PUBLIC HEARING / NOTICE DRAFT 1/2/87
PROPOSED AMENDMENT 2
40B-4.2010(1) General Surfacewater Management Permit for Certain
Agricultural or Forestry Activities
40B-4.2010(1)(a) no change
40B-4.2010(1)(b) no change
40B-4.2010(1) (c)1. no change
40B-4.2010(1) (c)2. no change
40B-4.2010(1) (c)3. no change
40B-4.2010(1)(c)4. Forest roads or agricultural roads
(excluding turnoffs, passing areas or loading areas) constructed
under a general permit shall be no more than 25 feet wide between
the banks of roadside ditches or and no more than 40 feet wide
including roadside ditches. Roads which must be constructed
through or across wetlands shall be laid out so as to minimize
filling of wetland habitat and shall not cause loss of wetland
habitat in excess of the minimum threshold for requiring
mitigation of fish, wildlife and wetland habitat identified in
ss. 40B-4.2030(8) (u)3..
40B-4.2010(1) (c)5. no change
40B-4.2010(1) (c)6. no change
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ALTERNATE PUBLIC HEARING / NOTICE DRAFT 1/2/87
PROPOSED AMENDMENT 3
40B-4.2020 Content of Surfacewater Management Permit Application.
40B-4.2020(1) no change
40B-4.2020(2)(a) no change
40B-4.2020(2) (b)1.a.-g. no change
40B-4.2020(2)(b)l.h. A map of vegetative cover including all
wetlands in the project area and wetlands immediately adjacent
wetlands to the project (may be combined with e. above) and a
tabulation of the respective acreage of each vegetative type in
the project area. The district will accept an identification and
delineation of wetlands which is performed by applying the
methods for inventorying wetland indicator species described in
sections 403,817 and 403.8171, Florida Statutes, and chapter 17-
4. Florida Administrative Code. including the application of
those methods and wetland indicator species to wetlands that are
not under the jurisdiction of the Florida Department of
Environmental Regulation.
40B-4.2020(2)(b)l.i. no change
40B-4.2020(2)(b)l.j. The project area or boundary shall be
described by either a meets and bounds description prepared by a
surveyor that begins at a section corner and that section corner
is clearly identified in the description; by identifying at least
one turning point in the meets and bounds description by its
Florida State Plane Coordinates; or, by including on one or more
of the maps or plans required above that shows the project
boundary no fewer than two locations along or near the perimeter
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ALTERNATE PUBLIC HEARING / NOTICE DRAFT 1/2/87
of the map or plan where the Florida State Plane Coordinates have
been determined by a surveyor.
40B-4.2020(2) (b)2.-5. no change
4
ALTERNATE PUBLIC HEARING / NOTICE DRAFT 1/2/87
PROPOSED AMENDMENT 4
40B-4.2030(8) Conditions for Issuance of Surfacewater Management
Permits
40B-4.2030(8) (a)-(t) no change
40B-4.2030(8) (u)
1. General
This section refers to district review of fish, wildlife and
habitat impacts in wetlands. Nothing in this section should be
construed to limit in any way the authority of the district to
review other possible impacts such as hydrology, water quantity,
water quality, or flood hazard which may result from any project
that is subject to the permitting requirements of this chapter.
For the purpose of this section, mitigation refers to all means
considered acceptable by the board for remedying significant
adverse impacts to fish, wildlife and wetland habitats.
Compensation is a form of mitigation which refers specifically.to
remedies required to offset unacceptable levels of wetland
conversion or loss. As a condition for issuance of a
surfacewater management permit significant adverse impacts to
wetlands will be either mitigated or compensated for in
conformance with the thresholds, criteria for determining
significant impact and mitigation criteria of this section. When
applying the conditions and thresholds set out in this section,
the district will include in its consideration the cumulative
impacts to wetlands which have been authorized by district
permits. When evaluating mitigation plans, the district will
consider historical cumulative adverse impacts, if any, to
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ALTERNATE PUBLIC HEARING / NOTICE DRAFT 1/2/87
wetlands in the project area. Mitigation, when required, shall
be designed to offset significant adverse impacts to wetland
habitats and fish and wildlife values of that habitat which might
otherwise result from the development if the mitigating actions)
is not taken.
2. Thresholds and Conditions for Requiring Mitigation.
This section establishes a minimum size threshold and other
conditions under which mitigation of significant adverse impacts
to fish, wildlife and wetland habitat values will be required as
a condition of a permit. Regardless of the threshold or other
conditions established under this section, mitigation will not be
required when the possible adverse impacts are limited to those
resulting from the discharge or storage of excess runoff required
by ss.40B-4.2030(8)(c) through (a). Otherwise, mitigation will
be required when impacts are determined to be significant and any
one or more of the following conditions exist:
a. A wetland of any size is within an area designated is an
area of critical state concern pursuant to chapter 380, Florida
Statutes;
b. A wetland of any size is used by threatened or
endangered species pursuant to s.372.072 or s.581.185, Florida
Statutes;
c. A wetland is an isolated wetland and it is larger than a
minimum threshold of 5 acres;
d. A wetland is an isolated wetland and it is smaller than
the minimum threshold of 5 acres but it is part of a cumulative
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ALTERNATE PUBLIC HEARInG / NOTICE DRAFT 1/2/87
total acreage of isolated wetlands that is more than 30 percent
of a project area;
e. A wetland falls under the jurisdiction of the Florida
Department of Environmental Regulation pursuant to s.403.913,
Florida Statutes.
3. Determination of Significant Impact.
This section establishes general criteria which may be
considered to determine if proposed impacts to wetlands (which
are larger than the minimum size threshold or wetlands that meet
the other conditions set out in ss.40B-4.2030(8) (u)2.) are
significant impacts and will, therefore, require mitigation as a
condition of receiving a permit from the district. Unless the
applicant demonstrates to the satisfaction of the board that
impacts are not significant, the district will presume any impact
in a wetland larger than the minimum size threshold or wetlands
that meet the other conditions set out in ss.40B-4.2030(8) (u)2.
will be significant and mitigation will be required,
a. Landscape diversity.
The richer the redevelopment landscape diversity in and around
the perimeter or the wetland, the higher the fish. wildlife and
habitat values are for a given wetland and therefore impacts will
be considered significant impacts. Conversely, low landscape
diversity around the edge of a wetland translates to minimum
fish, wildlife and habitat value and therefore impact to such
areas may be less significant.
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ALTERNATE PUBLIC HEARING / NOTICE DRAFT 1/2/87
b. Quality of surrounding landscape.
The overall quality of the surrounding landscape refers to the
degree of alteration and impact of that alteration on the fish,
wildlife and habitat values of a wetland. Impacts will be
considered less significant when the surrounding landscape has
been completely altered by previous development activities and
the wetland is in a stressed state as a result of the historical
alteration. In areas where alterations to the adjacent landscape
have been minimal, the fish, wildlife and habitat values of
wetlands are presumed to be highest and. therefore impacts to the
wetland will be presumed to be significant.
The district will only consider the components of new
development on adjacent lands that are subject to district
permitting requirements when determining if new development on
adjacent lands will have significant impact on fish, wildlife or
habitat values of wetlands. Components of the new development
which are not within the jurisdiction of the district or which .
are exempt from district authority will not be considered.
c. Intactness.
Wetlands which have experienced significant historical
alteration by dewatering, drainage, invasion by exotic species,
harvest of forest products, fire or dredge and fill activities
may have low fish, wildlife of habitat values. Therefore, new or
proposed impacts may be insignificant as compared to similar
impacts in a wetland that has not experienced significant
historical alteration.
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ALTERNATE PUBLIC HEARING / NOTICE DRAFT 1/2/87
d. Uniqueness.
The scarcity of a particular wetland habitat type within the
watershed area in which a proposed project is located is presumed
to have great bearing on the fish, wildlife and habitat value of
a wetland and therefore the significance of a given impact.
Impacts to scarce wetland habitat types within a watershed will
be Presumed to be significant impacts.
e. Threatened or endangered species.
Impacts to a wetland area which is used by a threatened or an
endangered species will be considered a significant impact.
f. Species richness or diversity.
The number and diversity of species which utilize a wetland is
a direct indication of the fish. wildlife and habitat value of a
wetland. The higher the species diversity or the higher the
number of of individuals which rely on the wetland habitat the
higher the habitat value and impacts which detract from that use
are presumed to be significant impacts.
4. Mitigation Criteria
This section establishes minimum criteria for evaluating
mitigation plans proposed by a permit applicant.
a. Unless considered pursuant to ss.40B-4.2030(8)(u)4.b. or
c., mitigation requirements for significant adverse impacts to
wetlands which meet one or more of the following conditions shall
be on a case-by-case basis as approved by the board.
1. A wetland is in an area designated as an area of
critical state concern pursuant to chapter 380, Florida Statutes.
2. A wetland is used by threatened or endangered species.
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ALTERNATE PUBLIC HEARING / NOTICE DRAFT 1/2/87
The board will consider plans of mitigation developed by an
applicant which will restore, continue or maintain the functions
of the original wetland. An applicant may use mitigation
criteria set out in ss.40B-4.2030(8)(u)4.b through d.; or, other
innovative mitigation standards provided there is reasonable
assurance that the fish, wildlife and habitat values of the
original wetland will be maintained. In lieu of an acceptable
plan of mitigation submitted by an applicant and approved by the
board, such wetlands shall not be impacted.
b. For wetlands that fall under the jurisdiction of the
Florida Department of Environmental Regulation pursuant to
s.403.913, Florida Statutes, the district will accept mitigation
or compensation that is authorized pursuant to a permit issued by
that agency.
c. For lands and mining activities that fall under the
jurisdiction of the Florida Department of Natural Resources
pursuant to chapters 211 and 378, Florida Statutes, that are to
be part of a land reclamation plan that has been approved under
chapters 211 and 378, Florida Statutes, the district will accept
as mitigation or compensation, any reclamation completed in
conformance with such approval.
d. Mitigation plans for significant impacts to isolated.
wetlands which exceed the minimum threshold in ss.40B-
4.2030(8)(u)3. but do not meet the conditions established in 40B-
4.2030(8)(u)4.a. will be submitted by an applicant as part of a
permit application for district review. Mitigation plans will be
reviewed with regard to one or more of the following criteria:
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ALTERNATE PUBLIC HEARING / NOTICE DRAFT 1/2/87
1. Specific development or best manaqcment practices
Proposed by an applicant that are intended to avoid or remedy the
significant adverse impacts.
2. Mitigation criteria developed by the Florida Department
of Environmental Regulation for mitigation of adverse impacts to
wetlands under the jurisdiction of that agency.
3. Minimum land reclamation criteria and standards
developed by the Florida Department of Natural Resources.
4. For lands that are proposed for development for
agricultural uses in accordance with an approved conservation
plan, the district will accept for review mitigation or
compensation requirements that are included in the approved
conservation plan.
5. For wetlands that fall under the jurisdiction of the
United States Army. Corps of Engineers, the district will accept
for review mitigation or compensation requirements that are
specified as part of a permit issued by that agency.
6. Preservation of an equal area of wetlands, contiguous
buffer areas or adjacent uplands which might otherwise not be
preserved under the provisions of this rule.
7. Compensation of wetland acreage lost. Compensation
measures for isolated wetlands, shall be designed to offset the
actual conversion or loss (by filling, drainage or other means)
of a wetland habitat. The district will accept as compensation
the creation, replacement or rehabilitation of similar habitat
with an equal or higher function and at a ratio of acres created,
replaced or rehabilitated to acres destroyed of 1:1 provided that
ALTERNATE PUBLIC HEARING / NOTICE DRAFT 1/2/87
such compensation is accomplished prior to or concurrent with the
disturbance of the original wetland. The district may require
compensation at ratios higher than 1:1 for compensation which
occurs subsequent to the disturbance of the original wetland.
For the purpose of this rule, there is a presumption that
compensation at a ratio of 1:1 with a similar habitat in the
project area will result in equal function. Likewise, there is a
presumption that compensation at a higher ratio or with a more
diverse habitat, including buffer areas or unique upland
habitats, will result in a higher function. Compensation will
require the establishment of pre-development hydroperiod (levels,
flows and duration), watershed boundaries and demonstration of
habitat viability over time.
RECEIVED JAN 51987
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