7636051, 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: 7636051

Notice of Proposed Rule

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:

To amend the District’s Environmental Resource Permit Information Manual, Part B, Basis of Review (BOR), which is incorporated by reference in Rule 40D-4.091, F.A.C. These amendments are intended to provide permit applicants with the flexibility to meet the conditions for permit issuance and prevent adverse offsite flooding impacts which may occur as a result of the construction and operation of a surface water management system. Additionally, the proposed amendments to the BOR 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.

SUMMARY:

Conditions for environmental resource permit issuance in Rule 40D-4.301, F.A.C, are intended to prevent adverse offsite flooding 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 are intended to provide the flexibility to meet the conditions for permit issuance in those cases where basin hydraulics cause higher flood elevations to occur following more frequent storm events than those specified in the BOR.

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:

9/18/2009 Vol. 35/37

COMMENTS:

From 9/18/2009 To 10/9/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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