7612286, 40D-4.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7612286

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.091

Publications, Forms and Agreements Incorporated by Reference (Transferred)

PURPOSE:

Amendments are proposed to Rule 40D-4.091, Florida Administrative Code (F.A.C.), Publications and Agreements Incorporated by Reference, and the District’s Environmental Resource Permit Information Manual, Part B, Basis of Review (BOR). Conditions for permit issuance in Rule 40D-4.301, F.A.C., are intended to prevent adverse impacts. Criteria in the BOR provide the basis for meeting the conditions for permit issuance. The BOR identifies the 100 year, 24 hour storm event as the basis for determining the 100 year floodplain and the 25 year, 24 hour storm event for comparing pre- and post-development discharge rates. In certain circumstances, higher flood elevations can occur following more frequent storm events than those specified in the Basis of Review. In those cases, it is desirable to consider other storm events of different frequency or duration to provide reasonable assurance of compliance with the conditions of issuance. The proposed amendments to the Basis of Review are intended to provide the flexibility to meet the conditions for permit issuance and prevent adverse impacts. Additionally, the proposed amendments to the Basis of Review provided are intended to be consistent with the methods used to establish the 100 year flood elevations in the updated floodplain maps developed for FEMA by the District.

SUBJECT:

Environmental Resource Permitting.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.171, 373.414 FS.

LAW:

373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS.

PRINT PUBLISH DATE:

9/11/2009 Vol. 35/36

RELATED STATUTES
AND LAWS:

373.044, 373.046, 373.113, 373.171, 373.414 FS., 373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40D-4.091&PDate=9/11/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

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