RULE NO.: RULE TITLE:
40C-2.101: Publications Incorporated by Reference
40C-2.331: Modification of Permits
40C-2.900: Forms and Instructions
40C-2.101 Publications Incorporated by Reference
(1) The Governing Board hereby adopts by reference Parts I, II and III, the “Water Conservation Public Supply” requirements in Appendix I, and “Legal Description of the Central Florida Coordination Area of the St. Johns River Water Management District” in Appendix L of the document entitled “Applicant’s Handbook, Consumptive Uses of Water”,_________December 1, 2011. The purpose of the document is to provide information regarding the policy, procedure, criteria, and conditions that pertain to the District’s administration of the consumptive use permitting program.
(2) Copies of this document are available without charge from the following District offices:
District Headquarters
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177-2529
(386)329-4500
St. Johns River Water Management District
7775 Baymeadows Way, Suite 102
Jacksonville, Florida 32256
(904)730-6270
St. Johns River Water Management District
601 South Lake Destiny Rd, Ste. 200 975 Keller Road
Maitland Altamonte Springs, Florida 3275114-1618
(407)659-4800
St. Johns River Water Management District
525 Community College Pkwy., S.E.
Palm Bay, Florida 32909
(321)984-4940
40C-2.331 Modification of Permits.
(1) A request for modification of a valid permit issued pursuant to chapters 40C-2 or 40C-20, F.A.C., shall be made as set forth in this section:
(a) By application on District Form Number 40C-2-1082-1 or 40C-2-1082-2, as applicable; or
(b) By letter that describes the proposed modification, provided that the modification is not excluded under paragraph (1)(c) below. The letter must include the full permit number for the requested permit modification and must describe the proposed modification.
(c) The following requests for modification are specifically excluded from the letter modification process and must be requested by application under paragraph (1)(a) above:
1. Requests to increase the duration of the consumptive use authorization;
2. Requests to increase the consumptive use allocation(s), except for:
(i) Increases in use of reclaimed water or water from a man-made surface water management system that do not increase the allocation by 100,000 or more gallons per day on an annual average basis, or
(ii) The addition of landscape irrigation of less than one acre;
3. Requests to change the permitted use type;
4. Requests to change the permitted use within a use type that has been allocated in the permit, unless it does not increase the consumptive use allocation(s);
5. Requests to add withdrawal points, unless the addition is for a well only for backup-allocation purposes to increase the permittee’s ability to meet peak demands;
6. Requests to change the source(s) of withdrawal(s), unless the change is to use a source of reclaimed water or water from a man-made surface water management system; or
7. Requests to change the location(s) of withdrawal point(s), unless the change:
(i) Is for the relocation of withdrawal point(s) to a source of reclaimed water or water from a man-made surface water management system, or
(ii) Is for the relocation of a proposed well or replacement of an existing well with a well producing from the same hydrostratigraphic unit as the proposed well or existing well so long as the relocated or replacement well is within 1000 feet of the proposed or existing well it is intended to replace, and the total withdrawal capacity of the relocated or replacement well is less than or equal to the withdrawal capacity of the proposed or existing well that was authorized under the current consumptive use permit.
(2) When a request for modification by letter is excluded from the letter modification process under paragraph (1)(c) above, then the request shall be processed under paragraph (1)(a) above.
(2)(3) A request for modification under paragraph (1)(a) must meet the conditions for issuance in Rule 40C-2.301, F.A.C. A request for modification by letter in accordance with paragraph (1)(b) above need only provide information and meet the conditions for issuance in Rule 40C-2.301, F.A.C., that relate to the modification request, in accordance with subsection 373.239(2), F.S. A permit which has expired or which has been revoked shall not be subject to modification. A denial of a request for modification under paragraphs (1)(a) or (1)(b) above shall be processed as provided in sections 3.3.3.1(b) and 3.3.3.2 of the Applicant’s Handbook, Consumptive Uses of Water (effective date), which are hereby incorporated by reference.
(4)(3) No change.
40C-2.900 Forms and Instructions
(1) Individual and Standard General Consumptive Use Permit Application, Form Number 40C-2-1082-1, effective _________December 1, 2011, is hereby incorporated by reference. This form is referenced in paragraphs 40C-2.042(2)(c) and 40C-2.331(1)(a), F.A.C., and in sections 3.3.3(b), 4.2, 5.5.1(c), and 6.5.5 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective date), which is incorporated by reference in subsection 40C-2.101(1), F.A.C.
(2) Standard General Consumptive Use Permit for Landscape Irrigation, Form Number 40C-2-1082-2, effective 3-8-09, is hereby incorporated by reference. This form is referenced in paragraphs 40C-2.042(2)(c) and 40C-2.331(1)(a), F.A.C., and in sections 3.3.3(b), 4.2, and 5.5.1(c) of the “Applicant’s Handbook, Consumptive Uses of Water” (effective date), which is incorporated by reference in subsection 40C-2.101(1), F.A.C.
(3) No change.
(4) Water Use Record (EN-50), Form Number 40C-2.900(4), effective ________ December 1, 2011, is hereby incorporated by reference. This form is referenced in section 6.7.1.8.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective date), which is incorporated by reference in subsection 40C-2.101(1), F.A.C.
(5) Water Use Reporting Verification (EN-51), Form Number 40C-2.900(5), effective ____________December 1, 2011, is hereby incorporated by reference. This form is referenced in section 6.7.1.8.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective date), which is incorporated by reference in subsection 40C-2.101(1), F.A.C.
(6) Annual Statement of Continuing Use, Form Number 40C-2.900(6), effective _____________December 1, 2011, is hereby incorporated by reference. This form is referenced in section 6.7.1.8.1 of the “Applicant’s Handbook, Consumptive Uses of Water” (effective date), which is incorporated by reference in subsection 40C-2.101(1), F.A.C.
(7) No change.
APPLICANT’S HANDBOOK SECTION:
2.0 Definitions
(a) through (i) No change.
(j) Domestic use – the use of water for the individual personal household purposes of drinking, bathing, cooking, or sanitation. All other uses shall not be considered domestic (subsection 373.019(6), F.S.).
(k) through (uu) renumbered (j) through (tt) No change.
3.3.3 Modification of Permits
(a) A request for modification of a valid permit may be made by submitting a letter or an application form, as set forth in subsection 3.3.3. Many permit modifications may be requested by submittal of a letter; however, the following permit modifications are specifically excluded from the letter modification process:
1. Requests to increase the duration of the consumptive use authorization;
2. Requests to increase the consumptive use allocation(s), except for:
(i) Increases in use of reclaimed water or water from a man-made surface water management system that do not increase the allocation by 100,000 or more gallons per day on an annual average basis, or
(ii) The addition of landscape irrigation of less than one acre;
3. Requests to change the permitted use type;
4. Requests to change the permitted use within a use type that has been allocated in the permit (e.g., change from potato irrigation to cabbage irrigation), unless it does not increase the consumptive use allocation(s);
5. Requests to add withdrawal points, unless the addition is for a well only for backup-allocation purposes to increase the permittee’s ability to meet peak demands;
6. Requests to change the source(s) of withdrawal(s), unless the change is to use a source of reclaimed water or water from a man-made surface water management system; or
7. Requests to change the location(s) of withdrawal point(s), unless the change:
(i) Is for the relocation of withdrawal point(s) to a source of reclaimed water or water from a man-made surface water management system, or
(ii) Is for the relocation of a proposed well or replacement of an existing well with a well producing from the same hydrostratigraphic unit as the proposed well or existing well so long as the relocated or replacement well is within 1000 feet of the proposed or existing well it is intended to replace, and the total withdrawal capacity of the relocated or replacement well is less than or equal to the withdrawal capacity of the proposed or existing well that was authorized under the current consumptive use permit.
(b) When a request for modification submitted by letter is excluded from the letter modification process under paragraph 3.3.3(a) above, then the request shall be processed by the applicant submitting an application using Form Number 40C-2-1082-1 or 40C-2-1082-2, as applicable.
3.3.3.1 Letter Modification
(a) A request for modification submitted by letter must reference the full permit number and must describe the proposed modification.
(b) Within 30 days after a request for modification submitted by letter is complete, the District staff shall issue the new modification if District staff find that the request meets the applicable criteria in Rule 40C-24.301, F.A.C. If District staff find that these criteria are not met, the permit holder shall be notified within 30 days after completeness that the request shall be processed as an individual permit application recommended for denial; however, no additional fee shall be required.
(c) Modification by letter in accordance with subsection 3.3.3(a) above must be approved and acknowledged in writing through correspondence to the applicant by a District staff member designated by the District Executive Director.
11.0 Evaluation Criteria for Other Types of Applications
11.1 Modification to an Existing Permit
Each application for modification to an existing permit will be evaluated using the criteria listed in Section 9.0 above (see also 40C-2.301(2)). The proposed modification must be for a reasonable-beneficial use, it must not interfere with presently existing legal uses, and it must be in the public interest. Likewise, it must not result in any of the conditions which are listed as reasons for recommendation of denial (see Section 9.4 above as well as 40C-2.301(5)(a)3.).
12.4 Mining/Dewatering Use-Type Uses
The reasonable need for a requested allocation must be based on the amount of water needed to economically and effectively extract subsurface materials or control surface or ground water when performing activities such as excavation or construction. For example, iIn some cases, dewatering may involve lowering the water table several feet in order to lower the level below “Caprock” which is used as an operating floor and drying surface. In other cases, it may involve completely dewatering a pit in order to remove minable rock and sand using pans and scrapers. The reasonable allocation may vary for a particular dewatering operation depending upon the excavation method. Staff may recommend the greater reasonable allocation if all other criteria are satisfied. However, if the greater reasonable allocation will generate adverse impacts, staff will recommend the excavation method with a lower reasonable allocation which satisfies all criteria. For example, a rockpit may be excavated using either draglines or scrapers. Drag lining may require dewatering only several feet in order to expose “Caprock” as an operating surface. The use of scrapers requires totally dewatering the pit in order to use the floor of the pit as an operating surface. Thus, iIf staff cannot recommend total dewatering of a mining pit because of adverse impacts, then staff shall may recommend an the second alternative, such as drag-lining, (which has a smaller water use and a with its smaller discharge), if that extraction method it satisfies all other criteria listed in Section 8.0 or 9.0.
If all criteria listed in Section 8.0 or 9.0 are satisfied, the allocation is equal to the reasonable need for water. The reasonable need for water is the greatest volume which staff can recommend.
12.5.1 Supplemental Irrigation Requirement
The reasonable need for an agricultural use is based on the amount of water needed to supply the supplemental irrigation requirements of the type of crop grown. The Ssupplemental irrigation requirements are determined through use of supplemental irrigation models the modified Blaney-Criddle formula for evapotranspiration. The formula is explained in detail in Appendix H. Supplemental irrigation models must accurately determine supplemental irrigation water use needs and be The model is based on the type of crop grown, the irrigation method employed, the season in which the water is used to grow the crop is grown, general crop location, including soil type, and associated atmospheric conditions. In determining reasonable need, the supplemental irrigation requirements used are those which would be needed in a two in ten year drought. Where supplemental irrigation data are not available from the modified Blaney-Criddle method, an average annual industry water figure is used.