Title: Draft 8-29-94, Page B1-1 - Chapter one - Introduction
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Permanent Link: http://ufdc.ufl.edu/WL00004341/00001
 Material Information
Title: Draft 8-29-94, Page B1-1 - Chapter one - Introduction
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Jake Varn Collection - Draft 8-29-94, Page B1-1 - Chapter one - Introduction (JDV Box 95)
General Note: Box 20, Folder 2 ( Water Management Districts - ERP'S - 1994 ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004341
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

DRAFT 8-29-94


1.1 Objectives Under Part IV of Chapter 373, Florida
Statutes (F.S.) and Chapters 40D-4, 40, 45, and 400,
Florida Administrative Code (F.A.C.), the District is
responsible for permitting construction and operation of
surface water management systems within its juris-
dictional boundaries. The objective of this document is
to identify the usual procedures and information used by
the District staff in permit application review. The
objective of the review is to ensure that the permit will
authorize activities or situations which are not harmful
to the water resources of the District or inconsistent
with the public interest.

1.2 Application Review Process The District issues three
types of environmental resource permits as authorized by
Part IV of Chapter 373, Florida Statutes: individual
including conceptual, standard general, and noticed
general permits.

Noticed general permits and general permits are issued by
staff, while Governing Board action is required for
individual permits.

1.2.1 Application Forms Applicants for Environmental Resource
Permits shall fill out the form entitled, "Joint
Application for Environmental Resource Permit (Part IV,
Chapter 273) and Authorization to Use State Owned
Submerged Lands" and Federal Dredge and Fill Permit.

Engineered systems are required to have plans and
calculations signed and sealed by a Florida Professional
Engineer in accordance with Chapter 471, Florida Statutes
State Law. Since review time i dependent on information
oufficioney, it is to the applicant's benefit to submit
all neoeoaary information to minimize delays in roviow.

1.3 Criteria Flexibility The primary goal of the review
criteria is to meet District water resource objectives.
However, the criteria are designed to be flexible.
Performance criteria are used where possible. Other
methods of meeting overall objectives will be considered
depending on the magnitude of specific or cumulative

1.4 Simultaneous Reviews Aside from purely technical
aspects, legal and institutional factors must be
considered. Because of legal time constraints for
processing permits, it is advisable for the applicant to

DRAFT 8-29-94

contact other interested agencies, organizations, and
affected citizens prior to submitting a formal
application to the District. Summaries of meetings and
copies of responses from appropriate parties should be
included in the application.

It may be in the applicant's best interest to seek
simultaneous reviews from all agencies with
jurisdiction. This provision is not intended to preclude
the submission of an application to this District prior
to receiving other necessary approvals, but the
application should contain at least a status report on
other approvals being sought, with an indication that the
surface water management portion of the project will be
approved by other pertinent jurisdictions

Issuance of an Environmental Resource Permit by the
District does not relieve the applicant of the
responsibility to obtain all necessary federal, state,
local or special district permits or authorizations.

1.5 Compliance with Laws Activities discussed herein must
be conducted in accordance with all other applicable
laws. Of specific note are those activities covered by
laws as follows, including but not limited to:

a. Section 404, Federal Water Pollution Control Act, -
U.S. Army Corps of Engineers fill

b. Chapter 471, F.S. Florida professional engineer
seal and signature on all engineering plans and
documents (subject to the exemptions of the

1.6 Construction/Operation Criteria Applicability The
District issues permits to construct and operate proposed
surface water management activities and to operate, alter
or abandon existing systems. The criteria herein are
specifically intended to apply to those activities.


1.7.1 "Closed Drainage Basin" A watershed in which the runoff
does not have a surface outfall up to and including the
100-year flood level.

1.7.2 "Control Device" The element of a discharge structure
which allows the gradual release of water under
controlled conditions. This is sometimes referred to as
the bleed-down mechanism or "bleeder". Examples include

DRAFT 8-29-94

orifices, notches, weirs, and effluent filtration
systems. (see example VII, Part D)

1.7.3 "Control Elevation" The lowest elevation at which water
can be released through the control device. This is
sometimes referred to as the invert elevation. (see
example VII, Part D)

1.7.4 Creation The establishment of new wetlands or surface
waters by conversion of other land forms.

1.7.5 "Detention" The delay of storm runoff prior to
discharge into receiving waters.

1.7.6 "Detention Volume" The volume of open surface storage
behind the discharge structure measured between the
overflow elevation and control elevation. (see example
VII, Part D)

1.7.7 "Directly Connected Impervious Areas" Unless otherwise
specifically stated in the Basis, directly connected
impervious areas as considered in the calculation of
volumes for treatment systems are those impervious areas
hydraulically connected to the treatment system directly
or by pipes or ditches.

1.7.8 "Discharge Structure" A structural device, usually of
concrete, metal, etc., through which water is discharged
from a project to the receiving water.

1.7.9 "Drainage Basin" A subdivision of a watershed.

1.7.10 "Dredging" Excavation, by any means, in surface waters
or wetlands, Excavation also means the excavation, or
creation, of a water body which is, or is to be,
connected to surface waters or wetlands, directly or via
an excavated water body or series of water bodies.

1.7.11 "Ecological Value" The value of functions performed by
wetlands and other environmentally sensitive areas.
These functions include: providing habitat for wildlife,
corridors for wildlife movement, food chain support,
groundwater recharge, water storage and flow attenuation,
and water quality enhancement.

1.7.12 "Enhancement" Improving the ecological value of
wetlands, other surface waters, or uplands that have been
degraded in comparison to their historic condition.




1.7.198 "Hydroperiod" The duration of inundation in a wetland.


"Impervious" Land surfaces which do not allow, or
minimally allow, the penetration of water; examples are
buildings, non-porous concrete and asphalt pavements, and
some fine grained soils such as clays.

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

1.7.22- "Lagoon" A naturally existing coastal zone depression
which is below mean high water and which has permanent or
ephemeral communications with the sea, but which is
protected from the sea by some type of naturally existing

"Listed Species" Those animal species which are
endangered, threatened or of special concern and are
listed in sections 39-27.003, 39.27.004, and 39.27.005,
F.A.C., and those plant species listed in 50 Code. of
Federal Regulation 17.12..

DRAFT 8-29-94

"Estuary" means a semienclosed, naturally existing
coastal body of water which has a free connection with
the open sea and within which seawater is measurably
diluted with fresh water derived from riverine systems.

"Elevation" The height in feet above mean sea level
according to National Geodetic Vertical Datum (NGVD).

"Existing Nesting or Denning" As used in Section 3.2.7
means an upland site is currently beina used for nestina
or denning or is expected, based on reasonable scientific
judgment, to be used for such purposes based on past
nesting or denning at the site.

"Filling" The deposition, by any means, of materials in
surface waters or wetlands.

"Historic Basin Storage" The depression storage
available on the site in the pre-development condition.
The volume of storage is that which exists up to the
required design storm.

"Historic Discharge" The peak rate and/or amount of
runoff which leaves a parcel of land by gravity from an
undisturbed/existing site, or the legally allowable
discharge at the time of permit application.





DRAFT 8-29-94

"Mitigation" An action or series of actions to offset
the adverse impacts that would otherwise cause a
regulated activity to fail to meet the criteria set forth
in 3.1.1 through 3.3.6. Mitigation usually consists of
restoration, enhancement, creation, preservation, or a
combination thereof.

"Mitigation Bank" means a project undertaken to provide
for the withdrawal of mitigation credits to offset
adverse impacts.

1.7.265 "Normal Water Level" The design starting water
elevation used when determining stage/storage design
computations in a retention or detention area. A
retention or detention system may have two (2) designated
"normal water levels" associated with it if the system is
designed for both water quality and water quantity. (see
example VII, Part D)

1.7.276 "Off-line Treatment System" A system only for water
quality treatment that collects project runoff and has no
direct discharge capability other than percolation and
evaporation. A system utilizing detention with effluent
filtration is not an off-line treatment system. (see
example VI, Part D)

"On-line Treatment System" A dual purpose system that
collects project runoff for both water quality and water
quantity requirements. Water quality volumes are
recovered through percolation and evaporation while water
quantity volumes are recovered through a combination of
percolation, evaporation, and surface discharge. (see
example IV, Part D)

"Open Drainage Basin" Open drainage basins are all
watersheds not meeting the definition of 1.7.1 (Closed
Drainage Basin).

"Overflow Elevation" The design elevation of a
discharge structure at or below which water is contained
behind the structure, except for that which leaks or
bleeds out, through a control device down to the control
elevation. (see example VII, Part D)

"Preservation" The protection of wetlands, other
surface waters or uplands from adverse impacts by placing
a conservation easement or other comparable land use
restriction over the property or by donation of fee
simple interest in the property to an appropriate entity.







DRAFT 8-29-94

1.7.32 "Regulated Activity" The construction, alteration,
operation, maintenance, abandonment or removal of a
system regulated pursuant to Part IV, Chapter 373, F.S.

1.7.33 "Restoration" Converting back to a historic condition
those wetlands, surface waters, or uplands which
currently exist as a land form which differs from the
historic condition.

1.7.34 "Retention" The prevention of direct discharge of storm
runoff into receiving waters; included as examples are
systems which discharge through percolation,
exfiltration, and evaporation processes and which
generally have residence times less than 3 days.

1.7.35 "Seasonal High Water Level" The elevation to which the
ground or surface water can be expected to rise due to a
normal wet season.

1.7.36 "Seawall" A manmade wall or encroachment, except
riprap, which is made to break the force of waves and to
protect the shore from erosion.

1.7.37 "Stormwater Management System" A system which is
designed and constructed or implemented to control
discharges which are necessitated by rainfall events,
incorporating methods to collect, convey, store, absorb,
inhibit, treat, use, or reuse water to prevent or reduce
flooding, overdrainage, environmental degradation, and
water pollution or otherwise affect the quantity and
quality of discharges from the system.

1.7.38 "Surface Water Management System or System" A
stormwater management system, dam, impoundment,
reservoir, appurtenant work, or works, or any combination
thereof. The terms "surface water management system" or
"system" include dredged or filled areas.

1.7.39 "Water Management Areas" Areas to be utilized for the
conveyance or storage of surface water, mitigation
en-ironmental proorv ation, or perpetual operation and
maintenance purposes.

1.7.40 "Watershed" The land area which contributes to the flow
of water into a receiving body of water.

1.7.41 "Wet Detention System" A water quality treatment system
that utilizes a design water pool in association with
water-tolerant vegetation to remove pollutants through
settling, adsorption by soils and nutrient uptake by the


DRAFT 8-29-94

vegetation. The bottom elevation of the pond must be at
least one foot below the control elevation.

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