4783087, 40D-4.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4783087

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.021	Definitions (Repealed)
40D-4.041	Permits Required (Repealed)
40D-4.321	Duration of Permit (Repealed)
40D-4.331	Modification of Permits (Repealed)

PURPOSE:

The purpose and effect of the proposed rule amendments are to provide greater flexibility for conceptual ERP permits by reducing the level of application detail required and extending the duration of conceptual permits. This rulemaking will also clarify the circumstances under which subsequent rule changes will not affect projects constructed pursuant to a conceptually approved design.

SUMMARY:

A conceptual permit is an environmental resource permit that approves the concepts of a phased development master plan. Under current rules, a conceptual permit “locks in” current rule criteria for all subsequent construction phases of the project. Additionally, issuance of a conceptual permit constitutes State Water Quality Certification. Although the level of detail required in a conceptual permit application is less than that required for a construction permit, the level of detail required to justify locking in current rules and to grant State Water Quality Certification is substantial and nearly as great as that required for a construction permit. The substantial level of detail required can be a disincentive to potential applicants. The proposed amendments to Chapter 40D-4, F.A.C., will allow more flexibility and require less detail in applications for conceptual permits. subsection 40D-4.021(3), F.A.C., defines the term “Conceptual Permit” Revisions are proposed to the current definition such that each subsequent construction phase will be reviewed under the permitting criteria in effect at the time the permit application is filed. Rule 40D-4.041, F.A.C., establishes the criteria by which an Environmental Resource Permit is required. Paragraph 40D-4.041(2)(c), F.A.C., specifically relates to conceptual permits. Revisions are proposed to the language in this section to clearly state that the elements of a conceptually approved design that will be binding on the District are those expressly stated in that permit. These design concepts will not be affected by subsequent rule changes so long as the permit is valid. Additional revisions are proposed to this section to make it clear that design concepts approved in a conceptual permit that will contribute to the degradation of a water body designated as impaired pursuant to Rule 62-303, F.A.C., or are inconsistent with an adopted Total Maximum Daily Load (TMDL) or Basin Management Action Plan (BMAP) will not be binding on the District. Rule 40D-4.321, F.A.C., establishes the duration of Environmental Resource Permits, including conceptual permits. This rule currently provides a two-year duration for conceptual permits but allows the permit to remain valid so long as the phases are constructed consistent with the conceptual permit. Revisions are proposed to this section to change the duration of a conceptual permit from two years to five years. Rule 40D-4.331, F.A.C., allows a conceptual permit to be extended up to two years and a construction permit to be extended for five years. The proposed rule amendment will allow conceptual permits to be extended for an additional five years following approval of each construction phase.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.149, 373.171 FS.

LAW:

373.403, 373.413, 373.416, 373.416(1), 373.426, 373.427, 373.429, 373.805 FS.

PRINT PUBLISH DATE:

11/9/2007 Vol. 33/45

COMMENTS:

From 11/9/2007 To 11/30/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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