40E-1.659: Forms and Instructions
PURPOSE AND EFFECT: To incorporate by reference, a conservation easement form for local government when the local government is submitting a permit application involving dedication of a conservation easement to the South Florida Water Management District as a component of the Environmental Resource Permit process. The regulated public, in this case the local government, will benefit by the incorporation of this form into the District’s rules by reducing review time for both the local government and District staff reviewers and by ensuring that the form is consistent with the requirements of Section 704.06, Florida Statutes, and other conservation easement forms adopted by the District. Applicants may still propose language to address site specific characteristics because the existing rule language explicitly states that when an applicant demonstrates that project specific conditions necessitate deviation from language of the accepted forms, alternative language shall be accepted, provided that the intent of Section 704.06, Florida Statutes, and Section 4.3.8 of the Basis of Review are met.
SUMMARY: To incorporate by reference Form No. 1318, Conservation Easement form for Local Government.
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: 120.53, 218.075, 373.044, 373.113, 373.4136, 373.416, 695.03, 704.06 FS.
LAW IMPLEMENTED: 120.53, 218.075, 373.113, 373.4135, 373.4136, 373.416, 704.06 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 15, 2010, 9:00 a.m.
PLACE: South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: South Florida Water Management District Clerk, 1(800)432-2045, ext. 2087 or (561)682-2087. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anita Bain, Director, Environmental Resource Permitting Division, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone 1(800)432-2045, extension 6866, or (561)682-6866, or by email to abain@sfwmd.gov. For procedural questions, please contact Kathie Ruff, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone 1(800)432-2045, extension 6320, or (561)682-6320, or by email to kruff@sfwmd.gov. A copy of the form is located on the District’s website at: my.sfwmd.gov/permitting; go to “Related Links” in the left hand column, click on “Rules, Statutes and Criteria” then click “Rulemaking/Rules Under Development”. Copies can also be obtained by contacting Kathie Ruff, Paralegal at the contact information provided above.
THE FULL TEXT OF THE PROPOSED RULE IS:
40E-1.659 Forms and Instructions.
The following forms and instructions are hereby incorporated by reference in this chapter and may be obtained without cost by contacting the Records Management Specialist, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-8045, ext. 6436, or (561)682-6436 or at any of the District’s Service Centers. Locations and contacts for the District’s Service Centers may be obtained from the Records Management Specialist at the address and phone number provided herein or on the District’s website at http://www.sfwmd.gov. These forms may also be obtained from the District’s website at http://www.sfwmd.gov, “What We Do”, then “Permitting/Regulation”. On the “Permitting/Regulation” page, click on “Environmental Resource Permits” then “Forms”:
(1) The following forms and instructions are hereby incorporated by reference into this chapter:
|
Form No. |
Date |
Title |
|
0050A |
7-89 |
Application to the South Florida Water Management District for a Permit for Utilization of District Works or Modification of Existing Permit Works of the District No. |
|
0108 |
3-91 |
Application for Release of Mineral, Canal, and Road Reservations Reserved Under Chapters 6456, 6957, 7305, 9131, 14717 and 20658, Laws of Florida |
|
0113 |
8-95 |
Surface Water Management Permit No. |
|
0115 |
8-95 |
Surface Water Management Permit Modification No. |
|
0119 |
8-95 |
Wetland Resource Permit No. |
|
0122 |
4-93 |
Application to the South Florida Water Management District for Authority to Utilize Works or Land of the District |
|
0123 |
4-95 |
Well Construction Permit Application |
|
0124 |
11-90 |
Well Completion Report |
|
0145 |
8-95 |
Environmental Resource Permit No. |
|
0157 |
8-95 |
Environmental Resource Permit Modification No. |
|
0188-QMQ |
8-03 |
Quarterly Report of Withdrawals |
|
0188-MDQ |
8-03 |
Monthly Report of Daily Withdrawals |
|
0188-QASR |
8-03 |
Quarterly Report of Injections and Withdrawals for Aquifer Storage and Recovery (ASR) Wells |
|
0188-QMON |
8-03 |
Quarterly Report of Monitoring Requirements |
|
0188-QMQF |
8-03 |
Quarterly Report of Withdrawals from Wells and Surface Water Pumps |
|
0188-QCROP |
8-03 |
Report of Planting and Harvest of Seasonal Crops |
|
0188-QBWDR |
8-03 |
Quarterly Report of Bulk Water Delivered and Received |
|
0195 |
6-91 |
Public Water Supply Well Information and Classification |
|
0196 |
10-89 |
Water Well Inspection Scheduling Card |
|
0299 |
1-90 |
Water Use Permit No. |
|
0444 |
8-95 |
Application for a Standard General Permit for Incidental Site Activities |
|
0445 |
8-03 |
Mining/Dewatering Permit Application (RC-1A, RC-1W, RC-1G) |
|
0483 |
9-04 |
Request for Environmental Resource, Surface Water Management, Water Use or Wetland Resource Permit Transfer |
|
0645-W01 |
8-03 |
Water Use Permit Application (RC-1A, RC-1W, RC-1G) |
|
0645-G60 |
8-03 |
Table A Descriptions of Wells |
|
0645-G61-1 |
8-03 |
Table B Description of Surface Water Pumps |
|
0645-G61-2 |
8-03 |
Table C Description of Culverts |
|
0645-G65 |
8-03 |
Table D Crop Information |
|
0645-G74 |
8-03 |
Table E Water Received From or Distributed to Other Entities |
|
0645-G69 |
8-03 |
Table F Past Water Use & Table G Projected Water Use |
|
0645-G70 |
8-03 |
Table H Projected Water Use (For Per Capita Greater than 200 GPD) |
|
0645-G71 |
8-03 |
Table I Water Treatment Method and Losses |
|
0645-G72 |
8-03 |
Table J Aquifer Storage and Recovery |
|
0645-G73 |
8-03 |
Table K Water Supply System Interconnections |
|
0779 |
5-92 |
Guidance for Preparing an Application for a “Works of the District” Permit in the Everglades/ Application for a Works of the District Permit |
|
0830 |
4-94 |
Special Use Application and License |
|
0881A |
9-03 |
Environmental Resource/Surface Water Management Permit Construction Completion Certification |
|
0881B |
9-03 |
Environmental Resource/Surface Water Management Permit Construction Completion Certification-For Projects Permitted Prior to October 3, 1995 |
|
0889 |
9-04 |
Certification of Waiver of Permit Application Processing Fee |
|
0920 |
9-04 |
Request for Conversion of District Environmental Resource/Surface Water Management Permit from Construction Phase to Operation Phase and Transfer of Permit to the Operating Entity |
|
0941 |
8-95 |
Environmental Resource Standard/Noticed General Permit No. |
|
0942 |
8-95 |
Surface Water Management General Permit No. |
|
0960 |
9-04 |
Environmental Resource/Surface Water Management Permit Construction Commencement Notice |
|
0961 |
9-04 |
Environmental Resource/Surface Water Management Permit Annual Status Report for Surface Water Management System Construction |
|
0970 |
8-07 |
Applicant Transmittal Form for Requested Additional Information |
|
0971 |
8-07 |
Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit |
|
0972 |
8-95 |
Petition for a Formal Wetland and Surface Water Determination |
|
0973 |
8-95 |
Above Ground Impoundment Inspection/Certification Report |
|
0974 |
8-95 |
Notice of Intent to Construct a Minor Silvicultural System |
|
0980 |
8-95 |
Notice of Intent to Use a Noticed General Environmental Resource Permit |
|
1019 |
9-04 |
Mitigation Bank Performance Bond to Demonstrate Construction/Implementation Financial Assurance |
|
1020 |
9-04 |
Mitigation Bank Irrevocable Letter of Credit to Demonstrate Construction/Implementation Financial Assurance |
|
1021 |
9-04 |
Mitigation Bank Standby Trust Fund Agreement to Demonstrate Construction/Implementation Financial Assurance |
|
1022 |
9-04 |
Mitigation Bank Trust Fund Agreement to Demonstrate Construction/Implementation Financial Assurance |
|
1023 |
9-04 |
Mitigation Bank Trust Fund Agreement to Demonstrate Perpetual Management Financial Assurance |
|
1024 |
9-04 |
Mitigation Bank Standby Trust Fund Agreement to Demonstrate Perpetual Management Financial Assurance |
|
1105 |
6-02 |
Performance Bond to Demonstrate Financial Assurance |
|
1106 |
6-02 |
Irrevocable Letter of Credit to Demonstrate Financial Assurance |
|
1109 |
8-03 |
Water Use General Permit |
|
1189 |
2-06 |
Notice of Environmental Resource or Surface Water Management Permit |
|
1190 |
1-07 |
Deed of Conservation Easement (Standard) |
|
1191 |
1-07 |
Deed of Conservation Easement (Standard Passive Recreational) |
|
1192 |
1-07 |
Deed of Conservation Easement (Standard Riparian) |
|
1194 |
1-07 |
Deed of Conservation Easement (Third Party Standard) |
|
1195 |
1-07 |
Deed of Conservation Easement (Third Party Passive Recreational) |
|
1196 |
1-07 |
Deed of Conservation Easement (Third Party Riparian) |
|
1197 |
1-07 |
Restrictive Covenant (Standard) |
|
1318 |
____ |
Deed of Conservation Easement (Local Governments) (incorporated by reference in Section 4.3.8, of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, incorporated by reference in Rule 40E-4.091, F.A.C. |
Rulemaking Specific Authority 120.53, 218.075, 373.044, 373.113, 373.4136, 373.416, 695.03, 704.06 FS. Law Implemented 120.53, 218.075, 373.113, 373.4135, 373.4136, 373.416, 704.06 FS. History– New 9-3-81, Amended 12-1-82, 3-9-83, Formerly 16K-1.90, Amended 7-26-87, 11-21-89, 1-4-93, Formerly 40E-1.901, Amended 5-11-93, 4-20-94, 10-3-95, 6-26-02, 8-14-02, 8-31-03, 9-16-03, 9-20-04, 2-12-06, 1-23-07, 8-7-07,________.