40B-400.115: Limiting Conditions
PURPOSE AND EFFECT: The purpose of the proposed rule is to update this section of Chapter 40B-400, Florida Administrative Code (F.A.C.), to amend limiting conditions for environmental resource permits (ERP), in Rule 40B-400.115, F.A.C. The effect of the proposed rule will be to include a new publication incorporated by reference, Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual, and correct terminology to reflect the new publication incorporated by reference. In addition, the proposed rule will amend procedures for notification if historical or archaeological artifacts are discovered on property permitted under an ERP.
SUMMARY: This proposed rule will incorporate a new publication, Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual, and correct terminology to reflect the new publication incorporated by reference. In addition, the proposed rule will amend procedures for notification if historical or archaeological artifacts are discovered on property permitted under an ERP.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.118, 373.413, 373.416, 373.426 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Welch, Administrative Assistant, Suwannee River Water Management District, 9225 C.R. 49, Live Oak, Florida 32060; (386)362-1001 or (800)226-1066 (FL only)
THE FULL TEXT OF THE PROPOSED RULE IS:
40B-400.115 Limiting Conditions.
(1)(a) through (c) No change.
(d) Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance with the Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual guidelines and specifications in Chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which is incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources.
(e) through (r) No change.
(s) If evidence of the existence of historic resources is discovered or observed at permitted project sites or during permitted activities after a permit is issued, the applicant, owner, contractor, or agent thereof shall notify the District and the Division of Historical Resources, Compliance and Review Section (850)245-6333 within two working days. Examples of such evidence include whole or fragmentary stone tools, shell tools, aboriginal or historic pottery, historic glass, historic bottles, bone tools, historic building foundations, shell mounds, shell middens, or sand mounds. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the District.
(t) through (2) No change.
(3) The Governing Board hereby adopts by reference “Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual”, effective July 2008.
Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History–New 10-3-95, Amended 3-7-02, 5-15-02,_______.