TABLE OF CONTENTS

ENVIRONMENTAL RESOURCE PERMIT

APPLICANT’S HANDBOOK

VOLUME I

(GENERAL AND ENVIRONMENTAL)

This Volume, including Appendices G, H, I, L, M, N, and O only is

incorporated by reference in subsection 62-330.010(4), F.A.C.

Effective _____June 28, 2024________

FOR:

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

SUWANNEE RIVER WATER MANAGEMENT DISTRICT

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

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TABLE OF CONTENTS

PART I -- BACKGROUND AND PROCEDURES ........................................................... 4

1.0 Introduction .................................................................................................................................................... 4

1.1 Overview of Applicant’s Handbook............................................................................................................. 5

1.2 Contacts and Division of Responsibilities.................................................................................................... 6

1.3 Other Authorizations and Relationship to Other Governmental Entities ..................................................... 7

1.4 Statutes and Rules ...................................................................................................................................... 12

1.5 Administrative Criteria ............................................................................................................................... 15

1.6 Enforcement Authority ............................................................................................................................... 17

1.7 Permission to Inspect, Monitor and Sample ............................................................................................... 17

2.0 Definitions and Terms .................................................................................................................................... 1

3.0 Regulated Activities ........................................................................................................................................ 1

3.1 Permits Not Required ................................................................................................................................... 1

3.2 Exemptions................................................................................................................................................... 8

3.3 Permits Required ........................................................................................................................................ 16

3.4 Conceptual Approval Permits .................................................................................................................... 18

4.0 Preparation and Submittal of Applications and Notices ............................................................................. 1

4.1 Pre-application Conference .......................................................................................................................... 1

4.2 Forms and Submittal Instructions ................................................................................................................ 1

4.3 Processing Fees ............................................................................................................................................ 6

4.4 Submittal of Applications, Notices, and Petitions ........................................................................................... 7

5.0 Processing of, and Agency Action on, Applications and Notices ................................................................ 1

5.1 General Procedures ...................................................................................................................................... 1

5.2 Review of an Exemption Determination Request ........................................................................................ 1

5.3 Review of Request to Use a General Permit ................................................................................................ 1

5.4 Publishing Notices of Exemptions and General Permits .............................................................................. 2

5.5 Processing Individual and Conceptual Approval Permit Applications ........................................................ 2

5.6 Activities on State-owned Submerged Lands............................................................................................... 7

6.0 Duration, Operation, Modification, and Transfer of Permit ...................................................................... 1

6.1 Duration of Permits ...................................................................................................................................... 1

6.2 Modification of Permits ............................................................................................................................... 3

6.3 Transfers of Permits and Changes in Ownership ......................................................................................... 4

6.4 Removal and Abandonment ......................................................................................................................... 5

7.0 Determinations of the Landward Extent of Wetlands and Other Surface Waters ....................................... 1

7.1 Methodology ................................................................................................................................................ 1

7.2 Formal Determinations ................................................................................................................................. 3

7.3 Informal Determinations. ............................................................................................................................. 8

PART II -- CRITERIA FOR EVALUATION ..................................................................... 1

8.0 Criteria for Evaluation ................................................................................................................................... 1

8.1 Purpose ......................................................................................................................................................... 1

8.2 Criteria for Evaluation .................................................................................................................................. 1

8.3 Stormwater Quality Nutrient Permitting Requirements ............................................................................... 2

8.4 Additional Criteria ....................................................................................................................................... 5

8.5 State Water Quality Standards ..................................................................................................................... 6

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9.0 Stormwater Quality Treatment Evaluations ................................................................................................ 1

9.1 Calculating Required Nutrient Load Reduction ........................................................................................... 1

9.2 Calculating Nutrient Loading ....................................................................................................................... 1

9.3 Determination of Required Treatment Efficiency ........................................................................................ 5

9.4 Rainfall Data ................................................................................................................................................ 6

9.5 Best Management Practices (BMPs) for Stormwater Treatment ................................................................. 6

9.6 Off-site Stormwater ...................................................................................................................................... 8

9.7 Compensating Stormwater Treatment .......................................................................................................... 8

PART III – ENVIRONMENTAL ....................................................................................... 1

10.0 Environmental Considerations ...................................................................................................................... 1

10.1 Wetlands and other surface waters ............................................................................................................... 1

10.2 Environmental Criteria ................................................................................................................................. 2

10.3 Mitigation ................................................................................................................................................... 23

PART IV -- EROSION AND SEDIMENT CONTROL ...................................................... 1

11.0 Erosion and Sediment Control ...................................................................................................................... 1

11.1 Overview ...................................................................................................................................................... 1

11.2 Development of an Erosion and Sediment Control Plan .............................................................................. 1

11.3 Development of a Stormwater Pollution Prevention Plan (SWPPP) for NPDES ........................................ 3

11.4 Sediment Sump Design Example ................................................................................................................. 3

PART V – OPERATION AND MAINTENANCE-SPECIFIC REQUIREMENTS .............. 1

12.0 Operation and Maintenance Requirements ....................................................................................................... 1

12.1 Responsibilities ............................................................................................................................................. 1

12.2 Procedures for Requesting Conversion from the Construction Phase to the Operation and Maintenance

Phase 1

12.3 Operation and Maintenance Entities ............................................................................................................. 4

12.4 Minimum Operation and Maintenance Standards ......................................................................................... 9

12.5 Inspections ................................................................................................................................................. 11

12.6 Reporting .................................................................................................................................................... 15

12.7 Recording of Operation and Maintenance Documents and Notice of Permit ............................................. 16

12.8 Subsequent Transfers .................................................................................................................................. 16

APPENDIX A .................................................................................................................. 1

CONTACT INFORMATION AND MAPS FOR AGENCIES IMPLEMENTING THE ERP PROGRAM ...... 1

APPENDIX B .................................................................................................................. 1

OPERATING AND DELEGATION AGREEMENTS BETWEEN THE DEPARTMENT, WATER

MANAGEMENT DISTRICTS, and DELEGATED LOCAL GOVERNMENTS ................................................. 1

APPENDIX C .................................................................................................................. 1

FORMS ......................................................................................................................................................................... 1

APPENDIX D .................................................................................................................. 1

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PROCESSING FEES .................................................................................................................................................. 1

APPENDIX E .................................................................................................................. 1

OPERATING AGREEMENT BETWEEN JACKSONVILLE DISTRICT USACE, DEP, AND ALL WMDS 1

APPENDIX F ................................................................................................................... 1

Bald and Golden Eagle Protection Act ...................................................................................................................... 1

APPENDIX G .................................................................................................................. 1

USFWS Habitat Management Guidelines for the Wood Stork in the Southeast Region ...................................... 1

APPENDIX H .................................................................................................................. 1

National Bald Eagle Management Guidelines ........................................................................................................... 1

Mine Stormwater Management Systems ................................................................................................................... 1

Chapter 62-340, F.A.C. Data Form Guide................................................................................................................. 1

Chapter 62-340, F.A.C. Data Form Instructions ...................................................................................................... 1

Additional Criteria for Dam Systems ........................................................................................................................ 1

Rainfall Criteria ........................................................................................................................................................... 1

Mean Annual Runoff Coefficients (ROC Value) as a Function of DCIA Percentage and Non-DCIA Curve

Number ......................................................................................................................................................................... 1

APPENDIX O .................................................................................................................. 1

Traditional BMP Treatment Efficiencies .................................................................................................................. 1

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PART I -- BACKGROUND AND PROCEDURES

1.0 Introduction

The Florida Department of Environmental Protection (“Department” or “DEP”) and Florida’s five

water management districts (“Districts” or “WMDs”) developed this Applicant’s Handbook to help

persons understand the rules, procedures, standards, and criteria that apply to the environmental

resource permit (ERP) program under Part IV of Chapter 373 of the Florida Statutes (F.S.).

The Department and each of the Districts implement the ERP program. Several local governments also

implement the ERP program under the delegated authority in Section 373.441, F.S. The Applicant’s

Handbook refers to these entities collectively as “Agencies” and also refers to one or more water

management districts as “District” or “Districts” (capitalized), respectively. The term “district” (lower

case) generally refers to the main or field offices of either the Department or District. These and other

terms are defined in Section 2.0 of this volume of the Applicant’s Handbook (hereinafter referred to

as “Volume I,” or “this volume”).

Part IV of Chapter 373, F.S., regulates the construction, alteration, operation, maintenance,

abandonment and removal (hereinafter referred to as “activities”) of stormwater management systems,

dams, impoundments, reservoirs, works and appurtenant works (hereinafter referred to as “projects”).

Such projects include dredging and filling in wetlands and other surface waters, as those terms are

defined in Sections 373.403(13) and (14), F.S.

The primary ERP program rules are adopted by DEP as Chapter 62-330, of the Florida Administrative

Code (F.A.C.), and are also rules of the Districts and delegated local governments in accordance with

the authority under Section 373.4131, F.S. The Applicant’s Handbook is incorporated by reference in

subsection 62-330.010(4), F.A.C., and therefore operates as a rule of the Agencies.

The Districts are:

• Northwest Florida Water Management District (NWFWMD)

• Suwannee River Water Management District (SRWMD)

• St. Johns River Water Management District (SJRWMD)

• Southwest Florida Water Management District (SWFWMD) and

• South Florida Water Management District (SFWMD)

Responsibilities of these Agencies are divided in accordance with Operating and Delegation

Agreements incorporated by reference in Chapter 62-113, F.A.C., accessible at:

https://floridadep.gov/ogc/ogc/content/operating-agreements. These Agreements operate so that

only one agency is responsible for permitting, compliance, and enforcement of an activity, and identify

which Agency is responsible for the various types of activities. See Section 1.2, below for additional

information on the division of responsibilities between the Agencies.

Chapter 62-330, F.A.C., will control in cases where the information in the Applicant’s Handbook

conflicts with that rule chapter.

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1.1 Overview of Applicant’s Handbook

This is Volume I of a two-volume ERP Applicant’s Handbook. This volume and Chapter 62-330

F.A.C., are adopted by DEP and apply statewide to all activities regulated under Part IV of Chapter

373, F.S. This includes those activities for which the Districts and the delegated local governments are

responsible for the review and agency action.

This Volume I provides general background information on the ERP program, including points of

contact, a summary of the statutes and rules used to authorize and implement the ERP program,

and the forms used to notice or apply to the Agencies for an ERP authorization. This Volume also

provides discussion on:

• Activities regulated under Chapter 62-330, F.A.C., and Part IV of Chapter 373, F.S.;

• Types of permits, permit thresholds, and exemptions;

• Design and performance standards and criteria for water quality;

• Procedures used to review exemptions and permits, and that are applicable to inspections,

compliance, and enforcement;

• Conditions for issuance of an ERP, including the environmental criteria used for activities

located in wetlands and other surface waters;

• Erosion and sediment control practices to prevent water quality violations;

• Operation and maintenance requirements.

Applicant’s Handbook Volume II is adopted separately by DEP (for use within the NWFWMD) and

by the SRWMD, SJRWMD, SWFWMD, and SFWMD (for use within the geographical area of each

applicable District). These separate Volumes address regional differences in hydrology, soils, geology,

and rainfall specific to each District. Each Volume II provides design and performance standards

specific to the geographical area of each District. Volume II applies whether an ERP application is

processed and acted on by DEP, a District, or a delegated local government. Generally, it provides:

• Design and performance standards and criteria for water quality and quantity, including those

for specific types of stormwater management systems, dams, impoundments, reservoirs,

works, and appurtenant works;

• Design and dimensional criteria for water quality treatment systems;

• Standards and criteria pertaining to special basins that may exist within the geographic area

of each District;

• Standards and criteria pertaining to flood protection; and

• Design and performance standards for dams.

• The design and performance standards and criteria above are also applicable to inspections,

compliance, and enforcement.

Volume II primarily applies to activities that require the services of a registered professional to

design a stormwater management system. A stormwater management system is defined in Sections

373.403(10) and 403.031(16), F.S., as “a system that is designed and constructed or implemented

to control discharges which are necessitated by rainfall events, incorporating methods to collect,

convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, overdrainage,

environmental degradation, and water pollution or otherwise affect the quantity and quality of

discharges from the system.” This includes most activities that create new impervious surface or

that alter surface water flows.

Volume II generally is not applicable to the construction, alteration, modification,

maintenance, or removal of projects that cause no more than an incidental amount of

stormwater runoff, such as:

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• An individual, single-family residence, duplex, triplex, or quadruplex that is not part of a

larger plan of development.

• A “stand-alone” seawall, riprap revetment, other shoreline stabilization structure, and docks

and piers.

• “Stand-alone, in-water” projects such as channel dredging, channel markers, mooring piles and

buoys, and water testing equipment. Dredged material disposal sites are subject to specific

design and performance standards (see Volume II).

• Activities that do not add more than a de minimis amount of impervious surface, such as the

installation of overland and buried electric and communication transmission and distribution

lines.

• Activities that qualify for an exemption in Rule 62-330.051, F.A.C. (see additional discussion

in sections 3.2 through 3.2.7 of this Volume).

• Activities that qualify for a general permit (as provided in Rules 62-330.410 through 62-

330.635, F.A.C., and discussed in sections 3.1.3 and 4.2.2 of this Volume).

Activities that qualify for the “10/2” general permit in Section 403.814(12), F.S., are not regulated

under Chapter 62-330, F.A.C. (see Section 3.1.3 of this Volume for additional information on this

general permit).

Many Districts have “special basins.” Activities within those basins must comply with the

applicable special basin criteria. Those basins are listed below; detail on the allowable activities in

those basins is described in more detail in the Volume II for each District:

• Within the Northwest Florida Water Management District – Special Basin Criteria for Sensitive

Karst Areas, sections 6.0 through 6.4, including Appendix A, in Volume II

• Within the Suwannee River Water Management District – Section 5.9 of Volume II and Chapter

40B-4, F.A.C. (Works of the District)

• Within the St. Johns River Water Management District – Chapter 40C-41, F.A.C. (Surface Water

Management Basin Criteria) and Sections 13.0 through 13.8.3 of Volume II

• Within the South Florida Water Management District –

o Chapter 40E-41, F.A.C., Surface Water Management Basin and Related Criteria

o Chapter 40E-62, F.A.C., Works and Lands of the District Management Plans

o Chapter 40E-63, Everglades Program

o Rules 62-312.400 through 62-312.460, F.A.C. – activities within the Outstanding Florida

Waters of Monroe County

Neither volume of this Handbook applies to “grandfathered activities” as described in section 3.1.2,

below, except where those projects are modified, altered, abandoned, or removed in such a way as

to require a permit under Chapter 62-330, F.A.C.

Throughout the Handbook Volumes, whenever there is a reference to the primary number of a

section (such as “section 1.3”), the reference shall apply to all subsections of that section (such as

1.3.1 through 1.3.6), unless specified otherwise. In addition, for brevity, all future references to

“this Volume,” “Volume I,” and “Volume II,” represent references to the respective Volume or

Volumes of the Applicant’s Handbook.

1.2 Contacts and Division of Responsibilities

Applications, notices, and inquiries should be sent to the Agency that is responsible for the type of

activity, as described in the Operating or Delegation Agreement in effect at the location of the

project. The Operating and Delegation Agreements between the Agencies are incorporated by

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reference in subsection 62-330.010(3), F.A.C., and are accessible at

https://floridadep.gov/ogc/ogc/content/operating-agreements. They identify which Agency is

responsible for the review and agency action on particular types of activities. The Operating

Agreements between DEP and the SRWMD, SJRWMD, SWFWMD, and SFWMD are

fundamentally similar; the Agreement between DEP and the NWFWMD differs due to funding

limitations within that District. Each Delegation Agreement is specific to the respective local

government that has been delegated to implement the ERP program on behalf of DEP or District.

The geographic boundaries, and office responsibilities, and contact information for the Agencies

are shown in Appendix A. Section 373.069(2), F.S., contains legal descriptions of the boundaries

of each District.

ERP staff of the Agencies may be contacted for additional information regarding such things as:

• How and to whom to submit applications and notices;

• Permit requirements and processing procedures;

• Assistance with interpreting the ERP rules, and completing an application or notice;

• Pre-application meetings;

• The status of applications and notices received; and

• Complaints related to potential violations under Part IV of Chapter 373, F.S.

Copies of application and notice forms, other documents incorporated by reference in Chapter 62-

330, F.A.C., and copies of the rules that apply to the ERP program may be obtained at

https://floridadep.gov/water/water/content/water-resource-management-rules#ERP.

1.3 Other Authorizations and Relationship to Other Governmental Entities

Issuance of a permit or verification of qualification for an exemption or general permit under

Chapter 62-330, F.A.C., does not:

(a) Convey or create to the person any property right, or any interest in the real property;

(b) Authorize any entrance or activities on property that is not owned or controlled by the

person; or

(c) Relieve persons from obtaining all other required licenses, permits, and authorizations under

applicable state, federal, or local statute, rule, or ordinance. Persons are advised to obtain all

required authorizations prior to constructing, altering, operating, maintaining, removing,

or abandoning projects regulated under the ERP program.

Additional information on the distribution of permit applications to, and coordination with, other

governmental agencies is discussed in sections 5.3.5 and 5.5.2 through 5.5.2.2 of this Volume.

1.3.1 U.S. Army Corps of Engineers (USACE)

Applicants may wish to consult with the applicable processing office of the USACE (see the

Jacksonville District Regulatory Division Sourcebook online), and the local government if they have

a wetlands regulatory program regarding any additional permitting and mitigation design

considerations that may need to be addressed before, or concurrently with, submitting an application

to the Agencies. Such coordination may avoid the need to redesign and modify the project to meet

the requirements of those other regulatory agencies.

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1.3.1.1 Federal Coordination, Water Quality Certification, and Coastal Zone Consistency Concurrence

The USACE, DEP, and the Districts have an Operating Agreement to coordinate the exchange of

information between these agencies regarding permitting, compliance, and enforcement of

activities regulated under Part IV of Chapter 373, F.S., that also require a Department of the Army

(DA) permit under Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act

of 1899, or Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972. Among

other things this Agreement:

(a) Provides the process by which the Agencies and the USACE will facilitate sharing of

information.

(b) Discusses how issuance of an ERP (including a general permit) shall also constitute a water

quality certification or waiver thereto under the Clean Water Act for the required DA

permit. The DA permits described above cannot be issued without a state water quality

certification or waiver thereto.

The State of Florida has waived water quality certification for activities that are exempt

from ERP permitting requirements. See the Operating Agreement for additional

information. Additional information on the federal permitting program is available online

in the Jacksonville District Regulatory Division Sourcebook.

The State of Florida has provided regional conditions applicable to water quality

certifications for the Nationwide Permits issued by the USACE for use in Florida as well

as for numerous regional and programmatic general permits issued by the Jacksonville

District of the USACE. The Nationwide Permits can be found online in the Jacksonville

District Regulatory Division Sourcebook. Applicants are advised that activities that qualify

for USACE Nationwide, Regional, or General Permits are still subject to applicable ERP

and any other state, local, or regional permitting requirements.

(c) Discusses how issuance of an ERP (including a general permit) in coastal counties also

constitutes a finding of consistency or waiver thereto of the State’s statutory authorities

under Florida’s federally approved coastal zone management program. Any required DA

permit cannot be issued without applicable coastal zone consistency concurrence or waiver.

Pursuant to Section 380.23(7), F.S., applications for federally permitted or licensed

activities that qualify for an exemption under the ERP program are not eligible to be

reviewed for federal consistency with Part IV of Chapter 373, F.S. The Corps or any

designated Federal, State or local agency administering general permits on behalf of the

Corps under 33 C.F.R. § 325.2(b)(2) may presume the Florida’s coastal zone consistency

concurrence for exempt activities, provided the activity receives any applicable

authorization to use and occupy state-owned submerged lands under Chapter 253, F.S.,

and, for activities located within an Aquatic Preserve, Chapter 258, F.S., and the rules of

the Florida Administrative Code adopted thereunder. The Corps or any designated Federal,

State or local agency administering general permits on behalf of the Corps can act on the

DA permit before the applicable authorization under Chapter 253, F.S., and, as applicable,

Chapter 258, F.S., is obtained or granted, because it is understood such authorization must

be obtained prior to persons using or occupying state-owned submerged lands.

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1.3.1.2 State Programmatic General Permit (SPGP) and Programmatic General Permits (PGPs)

The USACE has issued a permit (a SPGP) that delegates to certain Agencies the authority to verify

whether certain activities qualify for a federal dredge and fill permit under Section 404 of the Clean

Water Act and Section 10 of the Rivers and Harbors Act of 1899. The SPGP streamlines permitting

by not requiring persons who are conducting the activities to be subject to separate permitting

review of qualifying activities by the USACE.

The procedures and scope of the SPGP, including any coordination agreements between the

USACE and the Agencies to implement the SPGP, can be viewed at

https://floridadep.gov/water/submerged-lands-environmental-resources-

coordination/content/federal-permits-and-coordination and online in the Jacksonville District

Regulatory Division Sourcebook.

The Agency will determine upon receipt of an ERP application or notice if the activity qualifies for

the SPGP. These activities are subject to several conditions and limitations, so not all projects

within the SPGP activity categories will qualify for the SPGP.

If the requested activity does not qualify for the SPGP, the Agency will notify the applicant so the

applicant may submit a separate application to the USACE so they may begin processing any

required USACE permit.

The USACE also has issued other PGPs, some of which authorize the Agencies to further eliminate

the need for separate federal permitting, for example SAJ 111 within the St. Johns River Water

Management District.

More information on the SPGP and other PGPs is available at

https://floridadep.gov/water/submerged-lands-environmental-resources-

coordination/content/federal-permits-and-coordination and online in the Jacksonville District

Regulatory Division Sourcebook.

1.3.2 Relationship to National Pollutant Discharge Elimination System (NPDES) Permit Program

In October of 2000, the U.S. Environmental Protection Agency authorized DEP to implement

several components of the National Pollutant Discharge Elimination System (NPDES) permitting

program, several of which are related to activities regulated under the ERP program. Although

delegated to DEP, NPDES permitting is a separate federal permit program; it is not linked to the

state ERP. It also is not delegated to the WMDs at this time. Therefore, applicants are advised to

obtain both any required NPDES and ERP prior to construction.

Sections 1.3.2 through 1.3.2.2 of this volume are purely informational and are intended to make

ERP applicants aware of possible interactions between ERP and NPDES regulatory requirements.

In all cases, the procedures, standards and criteria of the applicable NPDES program, as adopted

under state and federal law, shall control.

1.3.2.1 NPDES Stormwater Construction

The following construction activities are subject to NPDES stormwater permitting, under Section

403.0885, F.S. (see https://floridadep.gov/Water/Stormwater):

An NPDES stormwater construction generic permit is required for any construction activities

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that:

(a) Disturb (includes soil disturbance, clearing, grading, and excavating) one or more acres

of land, or disturb less than one acre of land that is part of a common plan of

development or sale; and

(b) Discharge stormwater to surface waters of the state or to surface waters of the State

through a municipal separate storm sewer system (MS4).

Responsible Authorities must apply, separately from the ERP, either for an individual NPDES

stormwater construction permit or for coverage under the “Generic Permit for Stormwater

Discharge from Large and Small Construction Activities” under paragraph 62-621.300(4)(a),

F.A.C., and found at https://www.flrules.org/Gateway/reference.asp?No=Ref-04265, also referred

to as the Construction Generic Permit (CGP). The Responsible Authority of a construction activity

is ultimately responsible for obtaining and complying with either permit, in addition to all

applicable ERP requirements. The CGP allows you to discharge surface stormwater and, optionally,

produced groundwater associated with large or small construction activity to waters of the State,

either directly or through an MS4. More information on the CGP is available at

https://floridadep.gov/Water/Stormwater.

1.3.2.2 NPDES Dewatering

A generic permit has been issued under subsection 62-621.300(2), F.A.C., for any person

constructing or operating a system discharging produced ground water (i.e., a dewatering system)

from any non-contaminated site activity that discharges by a point source to surface waters of the

State; this generic permit is associated with activities that are designed and operated in accordance

with the general conditions in Rule 62-621.250, F.A.C. Additional information on this permit is

available at: https://floridadep.gov/water/industrial-wastewater. NPDES permit coverage for

dewatering operations can also be obtained via the CGP for construction activities, as described in

1.3.2.1, above.

1.3.3 Linkage with State-owned Submerged Lands Authorizations

Activities located on sovereignty submerged lands (as defined in subsection 18-21.003, F.A.C.,)

also require a proprietary authorization from the Board of Trustees of the Internal Improvement

Trust Fund (Board of Trustees) to use such lands under Chapter 253, F.S., and Chapter 18-21,

F.A.C., and, if located in an aquatic preserve, Chapter 258, F.S., and Chapter 18-18 or 18-20, F.A.C.

For the purposes of Chapter 62-330, F.A.C., and the Applicant’s Handbook, those lands are referred

to as “state-owned submerged lands,” in Section 2.0(a)94, below. With the exceptions in Section

253.03(7)(b), F.S., and paragraph 18-21.005(1)(a), F.A.C., proprietary authorization is required for

most activities on state-owned submerged lands, whether it requires a regulatory permit under Part

IV of Chapter 373, F.S., is exempt from permitting, or falls below permitting requirements.

DEP and the Districts act as staff to the Board of Trustees, and, in accordance with the Operating

Agreement between the Agencies, will process all applications involving work on state-owned

submerged lands (see Appendix A of this Handbook). These Agencies have delegated authority

from the Board to approve or deny most projects, but for some types of projects, the final decision

to approve or deny the state-owned submerged lands authorization rests with the Governor and

Cabinet, who serve as the Board of Trustees (see Rule 18-21.0051, F.A.C.).

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The application form adopted as Form 62-330.060(1), includes an application for a permit under

Part IV of Chapter 373, F.S., as well as a request for authorization to use state-owned submerged

lands, when such lands are involved; applicants are not required to submit a separate application

for such authorization. Upon receipt of the application, or of a notice to use a general permit or a

determination of an exemption, staff will examine the application or notice to determine whether

the activity appears to be located, in whole or in part, on state-owned submerged lands. Where

necessary, staff will request a title determination from DEP’s Division of State Lands. Staff will

then determine if authorization is required to perform the activities on those lands, or if it is

automatically authorized [as a Consent by Rule—see subsection 18-21.005(1)(b), F.A.C.].

Activities located in one of the state’s Aquatic Preserves must receive a separate written

authorization in accordance with Chapter 258, F.S., and Rule 18-18 (within the Biscayne Bay

Aquatic Preserve) or 18-20, F.A.C., (in all other Aquatic Preserves) prior to initiating any work.

Other activities on state-owned submerged lands are subject to needing a letter of consent, an

easement or lease, in accordance with Rule 18-21.005, F.A.C., and Chapter 253, F.S.

The approval or denial of an individually processed ERP application is linked with the approval or

denial of any required state-owned submerged lands application under Section 373.427, F.S. This

linkage is described in Rules 62-330.075 and 18-21.00401, F.A.C. Activities that require an

individually-processed ERP cannot become complete until all required state-owned submerged

lands information has been submitted as part of the permit application. In addition, the ERP cannot

be issued unless a determination has been made that the related state-owned submerged lands

application also can be issued. If an activity meets all the requirements for issuance of an ERP, but

does not meet all the requirements for issuance of the state-owned submerged lands authorization,

the ERP must be denied. Conversely, if the activity meets all the state-owned submerged lands

requirements, but does not meet the conditions for issuance of the ERP, the state-owned submerged

lands application and the ERP will be denied.

Activities that qualify for a general permit or an exemption are not linked. In such cases, even

though an activity may be authorized by the general permit or exemption, construction, alteration,

modification, maintenance, operation, abandonment, or removal of the project may not commence

until the required state-owned submerged lands authorization also has been granted.

1.3.4 Consumptive Uses of Water

Section 373.406(1), F.S., states that “Nothing herein, or in any rule, regulation, or order adopted

pursuant hereto, shall be construed to affect the right of any natural person to capture, discharge,

and use water for purposes permitted by law.”

A water use or consumptive use permit, and possibly a water well construction permit, may be

required from the applicable District prior to constructing, altering, or operating projects regulated

under Chapter 62-330, F.A.C., that also involve or require the withdrawal, reservations, and other

uses of water in accordance with the applicable District rules. Some activities requiring a water use

or consumptive use permit cannot be issued until the applicable permit under Part IV of Chapter

373, F.S., is complete and receives staff recommendation for approval.

Additional discussion on water use and consumptive uses of water is available at

https://floridadep.gov/water-policy, and at the website of each of the Districts.

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1.3.5 Mine Reclamation

Chapter 378, F.S., requires the reclamation of lands disturbed by mining operations, including lands

disturbed by the operation of a borrow pit where the extracted materials will be used offsite for

commercial, industrial or construction use. Under the Operating Agreements between DEP and the

Districts, a District will process the ERP application for certain mines. However, the Districts do

not have delegated authority to process the reclamation authorization. Applicants for mining

activities are advised to contact DEP’s Mining and Mitigation Program concerning the reclamation

requirements. Mine operators are required to provide to DEP either a Conceptual Reclamation Plan

or a Notice of Intent to Mine or Mining Other Resources unless exempt by Section 378.804, F.S.

1.4 Statutes and Rules

1.4.1 Statutes

The ERP program is authorized under Part IV of Chapter 373 F.S. More specifically, Section 373.4131,

F.S., authorizes implementation of the statewide ERP rules. Chapter 120, F.S. (Administrative

Procedures Act) also governs licensing, rulemaking, and administrative procedures under the ERP

program. Chapter 403, F.S. (Environmental Control) governs aspects of the ERP program related to

water quality, program implementation, exemptions, and general permits. Copies of these statutes are

available at: http://www.leg.state.fl.us/Statutes/index.cfm?Tab=statutes&submenu=1 and from any

Agency office.

1.4.2 Rules

Chapter 62-330, F.A.C., establishes the types of activities that require a permit, activities that do not

require a permit, the procedures for processing a permit, the conditions for issuance of a permit, general

permit conditions, and the forms associated with applications, notices, and permits. It also provides for

general permits, which are pre-issued for specified activities that have been determined by rule to have

minimal individual and cumulative impact.

The following additional rules of the Florida Administrative Code are related to implementing Chapter

62-330, F.A.C. Copies of the current rules are available at: https://www.flrules.org/. Some of these

rules have been repealed, but are still applicable to activities that are “grandfathered” (see section

3.1.2 of this Volume); text of the repealed rules is still available, from the websites of the applicable

Agency, and from the office of that Agency. This list is not comprehensive; other state, federal and

local rules and regulations also may be required for an activity.

• Chapters 28-103 through 28-108, F.A.C. (Uniform Rules of Procedure) — provide uniform rules

of procedure for all state agencies regarding activities such as processing of variances,

administrative hearings, mediation, and licensing. Many of these uniform procedures have been

superseded by exceptions to the uniform rules of procedure in Chapter 62-110, F.A.C. (specific to

DEP), and in the rules of the applicable Districts.

• Chapter 62-4 (Permits) —Rule 62-4.242, F.A.C., provides antidegradation requirements for

activities located in Outstanding Florida Waters. Rule 62-4.244, F.A.C., provides criteria for

mixing zones. Subsection 62-4.050(4)(h), F.A.C., provides the schedule of processing fees

required for applications, notices, and petitions for ERP activities that are the responsibility of DEP

and the NWFWMD.

• Chapter 62-25, F.A.C. (Regulation of Stormwater Discharge) — applies to stormwater treatment

systems that qualify for grandfathering under Sections 373.414(11), (12), (13), (14), (15), (16), or

373.4145(6), F.S. Systems constructed under Chapter 62-25, F.A.C., are authorized to be operated

in perpetuity, and maintenance may be conducted under such systems without a permit under

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Chapter 62-330, F.A.C., in perpetuity, provided the terms and conditions of the permit,

exemption, or other authorization under Chapter 62-25, F.A.C., continue to be met, and

provided the work is conducted in a manner that does not cause violations of water quality

standards. However, if the system is altered, modified, expanded, abandoned, or removed, it is

subject to being regulated by Chapter 62-330, F.A.C.

• Chapter 62-40, F.A.C. (Water Resource Implementation Rule) — provides water resource

implementation goals, objectives, and guidance relating to water resources. This includes guiding

principles for stormwater and surface water management programs (including the basis for

minimum design criteria for the stormwater management systems), flood protection, natural

systems protection and management, minimum flows and levels, and protection measures for

surface water resources (including the goals for implementation of erosion and sediment control

measures).

• Chapter 62-302, F.A.C. (Surface Water Quality Standards) — provides the State’s numeric and

narrative water quality standards criteria for surface waters, lists the classes of waters in Florida,

and lists waters that are designated as Outstanding Florida Waters. Also includes the state’s anti-

degradation requirements.

• Chapters 62-303 (Identification of Impaired Surface Waters), 62-304, (Total Maximum Daily

Loads), and 62-306, F.A.C. (Water Quality Credit Trading) — provide for identification of waters

that do not meet state water quality standards and that are subject to pollution limits and recovery

plans. Discharges of pollutants that cause or contribute to such impairment are subject to meeting

net improvement requirements, as discussed in section 10.2.4.5 of this Volume and Volume II.

• Sections 62-312.400 through 62-312.460, F.A.C. – establish special procedures

and criteria for dredging and filling within the Outstanding Florida Waters in

Monroe County that are used in combination with Chapter 62-330, F.A.C. The

remainder of this chapter has been repealed, but can continue to be used as it

existed prior to the repeal for dredging and filling in surface waters of the state

(as defined in Rule 62-312.030, F.A.C.) for applicable activities “grandfathered”

under Section 373.414(11), (12), (13), (14), (15), (16), 373.4131(4), or

373.4145(6), F.S. Grandfathered rule sections are retained on DEP website at

https://floridadep.gov/water/water/content/water-resource-management-

rules#erp.

• Chapter 62-340 (Delineation of the Landward Extent of Wetlands and Surface Waters) —

provides the procedures and methodology used by all state and local government agencies in

Florida to delineate the landward extent of wetlands and other surface waters.

• Chapter 62-341 (Noticed General Environmental Resource Permits) — All of this chapter was

transferred to Chapter 62-330, F.A.C., on June 4, 2012. This chapter now applies only for those

activities that can be constructed within the five years of the date notice was received by DEP of

the intent to use the applicable noticed general permit, or within five years of the date DEP verified

that the requested activities qualified for the noticed general permit, whichever is later. Such

activities remain controlled under the rules that existed prior to Chapter 62-330, F.A.C. [10-1-13].

This grandfathered rule is retained on DEP website at

https://floridadep.gov/water/water/content/water-resource-management-rules#erp.

• Chapter 62-342 (Mitigation Banks) – applies to projects proposed to be constructed and operated

as a mitigation bank, and to persons seeking to purchase mitigation credits from such banks. The

criteria of this chapter apply in addition to the permitting requirements of Chapter 62-330, F.A.C.

• Chapter 62-343 (Environmental Resource Permit Procedures) — contains the procedures used by

DEP to review and take agency action on applications for ERPs under Part IV of Chapter 373,

F.S., that are “grandfathered” under Chapter 62-330, F.A.C. More specifically, it is used in

conjunction with the version of Chapter 62-330, F.A.C., in effect prior to October 1, 2013, which

identifies the rules of the water management districts that are used when review and agency action

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on the ERP is the responsibility of DEP), and Chapter 62-341, F.A.C. (Noticed General

Environmental Resource Permits). Together, those rule chapters apply to activities that were

permitted, exempt from permitting, or that were subject to an application that was complete prior

to the effective date of the rules adopted under Section 373.4131, F.S. This grandfathered rule is

retained on DEP website at https://floridadep.gov/water/water/content/water-resource-

management-rules#erp.

• Chapter 62-344 (Delegation of the Environmental Resource Permit Program to Local

Governments) — provides procedures for delegating all or a portion of the ERP program to

qualified local governments.

• Chapter 62-345 (Uniform Mitigation Assessment Method) — in accordance with Section

373.414(18), F.S., this is the sole methodology to be used to determine the amount of mitigation

required to offset otherwise unpermittable adverse impacts to wetlands and other surface waters,

and the amount of mitigation that is provided by proposed mitigation. This rule does not assess

whether the adverse impacts meet other criteria for issuance of a permit, or whether the mitigation

is appropriate to offset adverse impacts.

• Chapter 62-346 (Environmental Resource Permitting in Northwest Florida) – applicable to

activities within the geographical area of the NWFWMD that were permitted, constructed, exempt

from permitting, legally in existence, or subject to an application under that chapter that was

complete, including activities that qualified for a noticed general permit under Chapter 62-341,

F.A.C., prior to the effective date of the rules adopted under Section 373.4131, F.A.C. This

grandfathered rule is retained on DEP website at

https://floridadep.gov/water/water/content/water-resource-management-rules#erp.

• Chapter 62-520 (Ground Water Classes, Standards, and Exemptions)

• Chapter 62-532 (Water Well Permitting and Construction Requirements)

• Chapter 62-550 (Drinking Water Standards, Monitoring, and Reporting)

• Chapter 62-555 (Permitting, Construction, Operation, and Maintenance of Public Water Systems)

• Chapter 62-621 Generic Permits) – sets forth procedures to obtain a type of general National

Pollutant Discharge Elimination System (NPDES) permit issued under Section 403.0885, F.S.,

and 40 CFR 122.28, and a type of “Non-NPDES Generic Permit” issued under Section 403.087,

F.S. These are alternatives to individual permits for certain wastewater facilities and other

activities that: involve the same or substantially similar types of operations; discharge the same

types of wastes or engage in the same types of residuals or industrial sludge use or disposal

practices; require the same effluent limitations, operating conditions, or standards for residuals or

industrial sludge use or disposal; require the same or similar monitoring.

• Chapters 40B-1, 40C-1, 40D-1, and 40E-1, F.A.C. – provide the fee schedules and certain

administrative details associated with permitting of applications that are the responsibility of the

SRWMD, SJRWMD, SWFWMD, and SFWMD, respectively.

• Chapters 40A-2, 40B-2, 40C-2, 40D-2, and 40E-2, F.A.C. — provide the regulatory requirements

covering withdrawals, reservations, and other uses of water.

• Within the SRWMD, Chapter 40B-4, F.A.C., provides the permitting requirements for activities

located within Works of the SRWMD. Chapters 40B-4, 40C-4, 40D-4, and 40E-4, F.A.C., also

provide the standards and criteria, and general conditions for, issuance of an ERP within the

SRWMD, SJRWMD, SWFWMD, and SFWMD, respectively, for an application that was

complete or permitted prior to the effective date of the rules adopted under Section 373.4131, F.S.,

or that were legally in existence on that date. Portions of those rules remain in effect under the

ERP program, the text of which is available at https://www.flrules.org/, but most of these rules

have been repealed, and are applicable only for grandfathered activities. The text of these rules

applicable to grandfathered activities remains available at the website of the respective Agency.

• Chapter 40A-6 (Works of the District) — provides the permitting requirements for activities that

withdraw water from, discharge to, are located on, or otherwise use a Works of the NWFWMD,

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primarily involving certain lands within Megginnis Creek-Megginnis Arm in Leon County.

Chapters 40E-6, 40E-61, 40E-62, and 40E-63, F.A.C., provide the permitting requirements for

activities are located on, or otherwise use a Works of the SFWMD, including activities within the

Everglades and Lake Okeechobee.

• Chapters 40B-8, 40C-8, 40D-8, and 40E-8 — provide minimum water level and flow requirements

for specified surface waters within each applicable District.

• Chapters 40C-40, 40D-40, and 40E-40, F.A.C. – provide the requirements for, conditions for

issuance, and general conditions applicable to, standard general, general, and standard permits

within the SJRWMD, SWFWMD, and SFWMD, respectively, that were in an application that was

complete or permitted prior to the effective date of the rules adopted under Section 373.4131, F.S.

The text of these rules applicable to grandfathered activities remains available at the website of the

respective Agency.

• Chapters 40A-44 and 40C-44, F.A.C. — rules of the NWFWMD and SJRWMD that provide the

permitting requirements for agriculture and, in the NWFWMD, silviculture activities that do not

qualify for the exemptions in Section 373.406, F.S.

• Chapters 40B-400, 40C-400, 40D-400, and 40E-400, F.A.C. — rules of the Districts that adopted

noticed general permits for activities under the ERP rules in effect prior to the effective date of the

rules adopted under Section 373.4131, F.S., as well as the no-noticed general permit applicable

within the South Florida Water Management District in Rule 40E-400.315, F.A.C. The text of

these rules applicable to grandfathered activities remains available at the website of the respective

Agency.

1.5 Administrative Criteria

1.5.1 Ownership and Control

(a) In accordance with Rule 62-330.060, F.A.C., and paragraph 62-330.301(1)(j), F.A.C., an

applicant must provide reasonable assurance that permitted activities will be conducted by

an entity with financial, legal, and administrative capability of ensuring that the activity

will be undertaken in accordance with the terms and conditions of a permit, if issued, and

to ensure staff of the Agencies have legal authority to access the land for inspections and

monitoring, as discussed in section 1.7, below. Compliance with this requirement must be

demonstrated through subsections 62-330.060(3) and (4), F.A.C., the certification required

in the Application Form 62-330.060(1), Form 62-330.301(26), and section 12.0 of this

Handbook.

(b) In addition to the above, persons proposing to conduct activities on state-owned submerged

lands that are riparian to uplands must submit satisfactory evidence of sufficient upland

interest in accordance with section 4.2.3(h) of this volume.

1.5.2 Phased Projects

Projects developed in phases will normally require the submission of a master plan showing the

applicant's contiguous land holdings. The primary concerns of the Agency are to ensure continuity

between phases, and satisfactory completion and operation of individual phases if the overall

project is not completed as planned. Applicants desiring approval in concept of the master plan

should consider submitting an application for a conceptual approval permit encompassing the total

master plan. A conceptual approval permit also may be sought for phased construction as part of

urban redevelopment or infill. An application to construct the first phase of the overall plan may be

included as a part of the initial application for the conceptual approval permit. Procedures for

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requesting a conceptual approval permit are in Rules 62-330.055 and 62-330.056, F.A.C., and

sections 3.4 through 3.4.6 of this Volume.

Applications to construct or alter phases of a project for which no conceptual permit has been

obtained may be considered only when each phase can be constructed, operated, and maintained

totally independent of the future phases, and, an overall plan for the full build out is submitted with

the application, including an overall schedule for implementing the plan and identification of any

future lands that may need to implement the future phases.

1.5.3 Land Use Considerations

The proposed land use to be served by an activity regulated under Chapter 62-330, F.A.C., does

not have to be consistent with the local government's comprehensive plan or existing zoning for

the site. However, it is strongly recommended that an applicant obtain the necessary land use

approvals from the affected local government prior to or concurrent with the ERP application, since

these approvals often contain conditions which impact the overall project design and, hence, the

nature of the proposed activity. By obtaining these local government approvals first or concurrently,

the applicant can reduce or eliminate the need for subsequent permit modifications which may be

necessary as a result of conditions imposed by the local government.

When permits or authorizations issued or granted by other agencies materially affect the design or

footprint of works authorized under Chapter 62-330, F.A.C., the permittee shall contact the Agency

to determine if a modification of the permit is necessary under Rule 62-330.315, F.A.C., and

sections 6.2 through 6.3.2.3 of this Handbook.

1.5.4 Water and Wastewater Service

As applicable, the applicant for an individual permit will be requested to provide information on

how utilities, such as wells, sewage treatment or disposal (including septic tanks), lift station wet

wells, and sewage force mains within the project area may affect any stormwater treatment and

conveyance system, and whether activities to install or alter utility services may involve any work

in wetlands or other surface waters, or any work that may affect surface water flows on or off-site,

such as through the creation of temporary dikes and trenches during the installation of utility pipes

and lines. This includes the status of any existing or proposed water use or consumptive use permit,

if applicable. If wastewater disposal is accomplished on-site, additional information normally will

be requested regarding separation of wastewater and stormwater systems.

1.5.5 Stormwater Management Areas

Areas reserved for stormwater management shall be shown on construction plans and legally

reserved for that purpose by dedication on the plat or protected through deed restrictions,

easements, or other binding covenants so that subsequent owners or others may not remove such

areas from their permitted use. Stormwater management areas, including maintenance easements,

shall be connected to a public road or other location from which operation and maintenance access

is legally and physically available. Impervious areas designed for purposes such as roads, parking

lots, sidewalks, or public access shall not be used as stormwater management areas if the level or

duration of standing or flowing water on these areas is a risk to vehicular traffic or pedestrian use.

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1.5.6 Legal Authorization for Offsite Areas

Applicants proposing to use offsite areas not under their control to satisfy the requirements for

issuance in Rule 62-330.301, F.A.C., must obtain legal authorization to do so prior to permit

issuance to use the area. For example, an applicant who proposes to locate the outfall pipe from a

stormwater basin to the receiving water on an adjacent property owner's land must obtain a drainage

easement or other appropriate legal authorization from the adjacent owner. A copy of the legal

authorization shall be submitted with the permit application when required to do so under section

4.2.3(d) of this Volume. Authorization to use offsite mitigation areas is discussed in section

10.3.1.2.1 of this Volume. Authorization to use offsite stormwater compensation areas is discussed

in section 9.7.2 of this Volume.

1.6 Enforcement Authority

Parts I and IV of Chapter 373, F.S., provide for the enforcement of Agency rules by administrative

and civil complaint. The Agency also has the authority to obtain the assistance of county and city

officials in the enforcement of the rules (see Sections 373.603 and 373.609, F.S.). Any person who

violates any provisions of Chapter 373 or 403, F.S., the rules adopted thereunder, or orders of the

Agency, is subject to civil fines or criminal penalties as provided in Section 373.430, F.S.

1.7 Permission to Inspect, Monitor and Sample

Each application must include permission signed by the landowner, easement or lessee holder, or their

legal designee that Agency staff may access the property where the proposed activity is located for

purposes of inspecting, sampling, and monitoring the land subject to the application to determine

whether the activity can meet (and if a permit is issued, is meeting) permitting criteria and permit

conditions. If this is not possible, the applicant must supply the Agency with written authorization

through other means (such as obtaining permission from leases and easement holders) for staff to

enter onto, inspect, and conduct sampling of the site. This is necessary to prevent claims of trespass,

and to ensure the applicant, and potential permittee, has approval from the entity that has sufficient

real property interest over the land subject to the application to construct, alter, operate, and maintain,

or remove, the project.

In the case of an easement, the easement must specifically provide for the right of governmental entities

to be on the lands subject to the easement for such purposes as compliance, or such right must flow

through necessity from the explicit grant of the easement.

Each permit is subject to the condition that Agency authorized staff, upon proper identification, will

have permission to enter, inspect and observe, and collect samples of the activity to ensure compliance

with the approved plans and specifications included in the permit. See Part 4 of Form 62-330.060(1)

for additional information.

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2.0 Definitions and Terms

(a) The definitions and terms below are used for purposes of Chapter 62-330, F.A.C., and this

Volume I. Section 2.1 of each District-specific Volume II contains additional definitions

that apply to the design and performance standards and criteria for stormwater management

systems, dams, impoundments, reservoirs, works, appurtenant works, and special basins as

regulated in that District. Where a definition is in accordance with Florida Statutes, the

statutory attribution is given as “[XX].”

1. “Abandon” or “Abandonment,” means cessation of use and maintenance activities or

responsibility for a system or part of a system in accordance with Section 373.426,

F.S.

2. “Activity” or “Activities,” means construction, alteration, operation, maintenance,

abandonment, or removal of any stormwater management system, dam,

impoundment, reservoir, works [including dredging or filling, as those terms are

defined in Sections 373.403(13) and (14), F.S.], and appurtenant works.

3. “Agency” means the Department of Environmental Protection, the water

management districts, and local governments delegated authority to implement the

environmental resource permit program under Part IV of Chapter 373, F.S., in

accordance with Section 373.441, F.S.

4. “Alter” means to extend a dam or works beyond maintenance in its original

condition, including changes which may increase or diminish the flow or storage

of surface water which may affect the safety of such dam or works [Section

373.403(7), F.S.]. Routine custodial maintenance and repairs shall not constitute

alterations.

5. “Appurtenant works" means any artificial improvements to a dam which might affect

the safety of such dam or, when employed, might affect the holding capacity of such

dam or of the reservoir or impoundment created by such dam. [Section 373.403(2),

F.S.]

6. “Aquatic plant” means a plant, including the roots, which typically floats on water or

requires water for its entire structural support, or which will desiccate outside of

water.

7. “Aquatic preserves” means those areas designated in Part II, Chapter 258, F.S.

8. “Aquifer” shall mean a geologic formation, group of formations, or part of a

formation capable of yielding a significant amount of ground water to wells, springs,

or surface water.

9. “Aquitard” or “Confining Layer” means a layer of low permeability material, such as

clay or rock, adjacent to an aquifer that functions to prevent the transmission of

significant quantities of groundwater flow under normal hydraulic gradients.

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10. “Artificial structure” means any object constructed or installed by man which has a

water management effect, including, but without limitation thereof, dikes, levees,

embankments, ditches, canals, conduits, channels, culverts, and pipes.

11. “Artificial waters,” “artificial waterway,” “artificially created waterway,” or

“artificial watercourse” means bodies of water that were totally excavated from

uplands, do not overlap historic wetlands or other surface waters, and were not created

as a part of a mitigation plan.

12. “As-Built drawings” or “record drawings” means plans certified by a registered

professional that accurately represent the constructed condition of a project, including

identifying any substantial deviations from the permitted design. See subparagraph

62-330.310(4)(a)1, F.A.C.

13. “Average annual nutrient load or loading” means the product of annual runoff

volumes and land use appropriate event mean nutrient concentrations for total

phosphorus (TP) and total nitrogen (TN).

14. “Best Management Practice (BMP) for sediment and erosion control” means a

practice or combination of practices, based on research, field-testing, and expert

review, to be the most effective and practicable, including economic and

technological considerations, to prevent or reduce erosion processes and sediment

transport downstream.

15. “Best Management Practice (BMP) for stormwater treatment” means a practice or

combination of practices, based on research, field-testing, and expert review, to be

the most effective and practicable, including economic and technological

considerations, of improving water quality by reducing excess nutrients and other

pollutant loads in water. Traditional BMPs for stormwater treatment are identified

and described in Appendix O and the applicable AH Volume II, while provisions for

proposing alternative BMPs are specified in section 9.5.2 of this Volume.

16. “Borrow pit” means a location where the soil or other natural deposits on or in the

earth are removed from their location so as to make them suitable for use to build up

land. No processing is involved, except for the use of a scalping screen to remove

large rocks, wood, and other debris. The materials are used more for their bulk than

their intrinsic qualities.

17. “Canal” means a man-made trench, the bottom of which is normally covered by

water, with the upper edges of its two sides normally above water. [Section

403.803(2), F.S.]

18. “Canopy” means the plant stratum composed of all woody plants and palms with a

trunk four inches or greater in diameter at breast height, except vines.

19. “Channel” means a trench, the bottom of which is normally covered entirely by water,

with the upper edges of one or both of its sides normally below water. [Section

403.803(3), F.S.]

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20. “Common plan of development or sale” or “larger plan of other commercial or

residential development” means any activity that facilitates the advancement of land

use (such as multiple residences, a residential subdivision, or phased site

development) on the subject property, or that comprises a total land area divided into

multiple lots, parcels, tracts, tiers, blocks, sites, or units, if such areas are under

common ownership or control. This includes any activity on contiguous real property

that comprises a total land area divided into parcels, tracts, tiers, blocks, sites, or units,

and is served by a common road or road network or common stormwater management

systems within that land area. Areas of land that are divided by public or private roads

are considered contiguous if such areas are under common ownership or control.

21. “Completion of construction” means the time when all components of the project are

installed and fully functional or when the infrastructure is used for its intended

purpose, whichever occurs first. For a phased system, “completion of construction”

means the time when all components for a phase of the project are installed and fully

functional, or when the infrastructure for a phase is used for its intended purpose,

whichever occurs first.

“CONSTRUCTION” MEANS THE CREATION, ALTERATION, OR ABANDONMENT

OF ANY PROJECT, INCLUDING PLACEMENT OF FILL, LAND CLEARING,

EARTHWORK, OR THE PLACEMENT OR REMOVAL OF STRUCTURES. CUTTING

OF TREES OR REMOVAL OF VEGETATION IS NOT CONSIDERED LAND

CLEARING, EXCEPT WHERE IT INVOLVES STUMP REMOVAL, ROOT RAKING,

OR GRUBBING.

22. “Construction phase” means that period necessary to construct, alter, abandon, or

remove a system in accordance with the terms and conditions of an individual permit.

23. “Conversion,” for purposes of wetland mitigation,

means a man-made change to a

wetland [as defined in Section 373.019(27), F.S.], or surface water by draining,

filling, or other means which results in the permanent change of the wetland or surface

water to an upland.

24. “Coral” means living stony coral and soft coral.

25. “Creation” means the establishment of new wetlands or surface waters by conversion

of other land forms.

26. “Dam” means any artificial or natural barrier, with appurtenant works, raised to

obstruct or impound, or which does obstruct or impound, any of the surface waters of

the state [Section 373.403(1), F.S.]

27. “Department” means the Florida Department of Environmental Protection.

28. “Detention” means the collection and temporary storage of stormwater with

subsequent gradual release of the stormwater downstream.

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29. “Detention with filtration” means the selective removal of pollutants from stormwater

by the collection and temporary storage of stormwater and the subsequent gradual

release of the stormwater downstream through an appropriately-sized engineered

media or filter system.

30. “Diameter at Breast Height (DBH)” means the diameter of a plant’s trunk or main

stem at a height of 4.5 feet above the ground.

31. “Direct Hydrologic Connection” means a surface water connection which occurs on

an average of 30 or more consecutive days per year. In the absence of reliable

hydrologic records, a continuum of naturally occurring wetlands may be used to

establish a direct hydrologic connection.

32. “Directly connected impervious area” or “DCIA” means the area covered by a

building, impermeable pavement, and/or other impervious surfaces, which drains

directly into a conveyance system without first flowing across sufficient permeable

vegetated land area, as referenced in section 9.2 of this Volume, to allow for

infiltration of runoff.

33. “Discharge” means to allow or cause water to flow.

34. “District” means a water management district created pursuant to Section 373.069,

F.S.

35. “Dock” means a fixed or floating structure extending from land out over water,

including access walkways, terminal platforms, catwalks, mooring pilings, lifts,

davits, and other associated water-dependent structures, used for mooring and

accessing vessels.

36. “Downstream Hazard Potential” means the category of a dam that indicates its

potential adverse impact on the downstream areas should the dam or its appurtenant

structures fail or be mis-operated. The Downstream Hazard Potential reflects

probable loss of human life or adverse impacts on economic, environmental, or

lifeline interests, or other concerns, such as water quality degradation. The

Downstream Hazard may be one of three categories: High Hazard Potential,

Significant Hazard Potential, and Low Hazard Potential. The categories and

methodologies to evaluate each are described in Appendix L in this Volume.

37. “Drainage basin” means a subdivision of a watershed [Section 373.403(9), F.S.].

38. “Drainage ditch” or “irrigation ditch” means a man-made trench that is dug for the

purpose of draining water from the land or for transporting water for use on the land

and that is not built for navigational purposes. [Section 403.803(7), F.S.]

39. “Dredging” means excavation, by any means, in surface waters or wetlands, as

delineated in Section 373.421(1), F.S. Dredging also means the excavation, or

creation, of a water body which is, or is to be, connected to surface waters or wetlands,

as delineated in Section 373.421(1), F.S., directly or via an excavated water body or

series of water bodies [Section 373.403(13), F.S.]

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40. “e-Permitting website” means the Agency’s Internet address established to provide

for submittal and viewing of applications and notices, responses to requests from the

Agencies, reports, certifications, and other submittals.

41. “Ecological value” means the value of functions performed by uplands, wetlands and

other surface waters to the abundance, diversity, and habitats of fish, wildlife, and

listed species. These functions include, but are not limited to, providing cover and

refuge; breeding, nesting, denning, and nursery areas; corridors for wildlife

movement; food chain support; and natural water storage, natural flow attenuation,

and water quality improvement, which enhances fish, wildlife and listed species

utilization. [Section 373.403(18), F.S.]

42. “Embedded” means the placement of transmission or distribution lines, pipes or

cables into the bottom of surface waters by minimal displacement of bottom

material and without the creation of a trench, or trough, through the use of

techniques such as plowing-in, weighing-in, or non-trenching jets.

43. “Emergency Action Plan” means a plan of action to be taken to reduce the potential

for loss of human life and impacts to economic, environmental, and lifeline

interests, and other concerns, such as water quality degradation, from failure or

mis-operation of a dam or its appurtenant structures.

44. “Endangered or threatened species” means those animal species that are identified as

endangered or threatened by the US Fish and Wildlife Service, the National Marine

Fisheries Service, or the Florida Fish and Wildlife Conservation Commission, as well

as those plant species identified as endangered or threatened when such plants are

located in a wetland or other surface water.

45. “Enhancement” means improving the ecological value of wetlands, other surface

waters, or uplands in comparison to their current condition.

46. “Entrenchment” means the placement of transmission or distribution lines, pipes or

cables into the bottoms of waters of the state by the creation of a defined trench, or

trough, through the use of such devices as clamshells, dredges, trenching jets, or other

devices that produce similar results.

47. “Estuary” means a semi-enclosed, naturally existing coastal body of water which has

a free connection with the open sea and within which seawater is measurably diluted

with fresh water derived from riverine systems. [Section 373.403(15), F.S.]

48. “Existing nesting or denning” refers to an upland site that is currently being used for

nesting or denning, or is expected, based on reasonable scientific judgment, to be used

for such purposes based on past nesting or denning at the site.

49. “Exotic species” means a plant species introduced to Florida, purposefully or

accidentally, from a natural range outside of Florida, including naturalized exotic

species (an exotic plant that sustains itself outside cultivation) and invasive exotic

species (an exotic plant that not only has naturalized, but is expanding on its own in

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Florida native plant communities). Additional information on Florida’s exotic plant

species is available at: http://www.fleppc.org/.

50. “Farm pond” means a pond located on agricultural lands as defined in Section

193.461, F.S, used for agricultural activities as described in Section 403.927, F.S.,

and constructed, altered, maintained, and operated using the agricultural best

management practices as provided in Section 403.927, F.S.

51. “Filling” means the deposition, by any means, of materials in wetlands or other

surface waters, as delineated in Section 373.421(1), F.S. [Section 373.403(14), F.S.]

52. “Floodplain” means land area subject to inundation by flood waters from a river,

watercourse, or lake. Floodplains are delineated according to their estimated

frequency of flooding.

53. “Forested wetlands,” for purposes of how this term is used in the exemptions and

general permits in Chapter 62-330, F.A.C., means those wetlands where the canopy

coverage by trees with a diameter at breast height of greater than 4 inches is greater

than 10 percent, as well as those areas required to be planted with tree species to

establish or reestablish forested wetlands pursuant to a permit issued, or enforcement

action taken, under rules adopted under Part IV of Chapter 373, F.S., or Sections

403.91 through 403.929, F.S. (1984 Supp.), as amended, and those areas where the

canopy has been temporarily removed but are expected to revegetate to a forested

wetland if use of the area would remain unchanged.

54. “Governing Board” means the governing board of a water management district

created under Section 373.069, F.S.

55. “Groundwater” means water beneath the surface of the ground, whether or not

flowing through known and definite channels [Section 373.019(9), F.S.]

56. “Herbaceous wetlands,” for purposes of how this term is used in the general permits

in Chapter 62-330, F.A.C., means those wetlands dominated by non-woody

vegetation that have less than a 10 percent canopy coverage of tree species with a

diameter at breast height of greater than 4 inches, and/or subcanopy or woody shrub

species with a diameter at breast height of one inch to four inches.

57. “Hydrologic Unit Code” or “HUC” means the hydrologic cataloging unit assigned

to a geographic area representing a surface watershed drainage basin. A complete

list of Hydrologic Unit Codes, descriptions, names, and drainage areas, including

subregions, can be found in the United State Geological Survey (USGS) Water-

Supply Paper 2294, entitled “Hydrologic Unit Maps.” A nationally consistent

watershed dataset that is subdivided into six levels (12-digit HUCs or HUC 12) is

available from the USGS and United States Department of Agriculture (USDA)

National Resources Conservation Service (NRCS) National Cartographic and

Geospatial Centers (NCGC) and linked on the Department’s website:

https://fdep.maps.arcgis.com/apps/mapviewer/index.html?webmap=ef1fbbf08fec

46de8b1acaa8a8abcfae.

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58. “Hydroperiod” means the duration and range of elevation of inundation in a wetland.

59. “Impaired water” means a water body or water body segment that does not meet its

applicable water quality standards as set forth in Chapters 62-302 and 62-4, F.A.C.,

due in whole or in part to discharges of pollutants from point or nonpoint sources.

Impaired waters include those waters on the verified list of impaired waters pursuant

to Part IV of Chapter 62-303, F.A.C.; waters with a Total Maximum Daily Load

(TMDL) pursuant to Chapter 62-304, F.A.C.; waters with an alternative restoration

plan pursuant to Chapter 62-303.600, F.A.C.; as well as waters with other evidence

demonstrating that water quality standards are not being met. Pursuant to Rule 62-

303.150, F.A.C., the inclusion of a water on the planning or study lists shall not be

used as evidence of a waterbody failing to meet applicable water quality standards.

60. “Impervious” for purposes of applying permitting thresholds and exemption criteria,

means surfaces that do not allow, or minimally allow, the penetration of water,

including semi-impervious areas, but excluding wetlands or other surface waters. For

other purposes, “impervious” means all artificial surfaces that that are not pervious.

Included as examples are building roofs and normal concrete and asphalt

pavements.

61. “Impoundment” means any lake, reservoir, pond, or other containment of surface

water occupying a bed or depression in the earth’s surface and having a discernible

shoreline. [Sections 373.403(3) and 373.019(10), F.S.]

62. “Insect control impoundment dikes” means artificial structures, including earthen

berms, constructed and used to impound waters for the purpose of insect control.

[Section 403.803(10), F.S.]

63. “Isolated wetland” means any area that is determined to be a wetland in accordance

with Chapter 62-340, F.A.C., but that does not have any connection to other wetlands

or other surface waters via wetlands or other surface waters as determined using Rule

62-340.600, F.A.C.

64. “Lagoon” means a naturally existing coastal zone depression which is below mean

high water and which has permanent or ephemeral communications with the sea, but

which is protected from the sea by some type of naturally existing barrier. [Section

373.403(16), F.S.]

65. “Levee” means an embankment whose primary purpose is to furnish flood protection

from seasonal high water and which is therefore subject to water loading for periods

of only a few days or weeks a year. Levees may be classified as urban levees that

provide protection from flooding in communities, including their industrial,

commercial, and residential facilities, or as agricultural levees that provide protection

from flooding in lands used for agricultural purposes. The primary purpose of a levee

is to exclude flood waters from a portion of the floodplain, and may consist of

embankments, floodwalls, pipes and associated drainage features, closures, pumping

stations, floodways, and designed channels.

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66. “Levee system” is composed of one or more levee segments and associated

structures, and may include stormwater treatment areas, flow equalization basins

that are less than four feet in water depth, and levees that bound water conservation

and wildlife refuge areas. These are designed in accordance with USACE EM

1110-2-1913, Engineering and Design, Design and Construction of Levees, and

constructed and operated in accordance with sound engineering practices.

67. “Lifeline” means systems that enable the continuous operation of critical business

and government functions and is essential to human health and safety or economic

security, e.g. evacuation roads, power stations, and drinking water treatment and

supply facilities.

68. “Listed Species” means those species that are endangered or threatened species (as

defined in definition 2.0(a)45., above), or species of special concern (as defined in

definition 2.0(a)113., below).

69. “Littoral zone” means that portion of a stormwater management system that is

designed to contain rooted emergent plants.

70. “Mail” shall mean when a document is properly addressed, stamped, and deposited

in the United States mail, and the postmark date shall be the date of mailing. “Mail”

also shall mean when the Agency electronically sends a document to the e-mail

address provided to the Agency.

71. “Maintenance” or “Repair” means remedial work of a nature as may affect the safety

of any dam, impoundment, reservoir, or appurtenant work or works, but excludes

routine custodial maintenance. [Section 373.403(8), F.S.]

72. “Material,” when used in the context of “filling,” means matter of any kind, such as,

sand, clay, silt, rock, dredged material, construction debris, solid waste, pilings or

other structures, ash, and residue from industrial and domestic processes. The term

does not include the temporary use and placement of lobster pots, crab traps, or

similar devices or the placement of oyster cultch pursuant to Section 597.010, F.S.

73. “Mine” means an area of land that is related to the removal from its location of solid

substances of commercial value found in natural deposits on or in the earth, so as to

make the substances suitable for commercial, industrial, or construction use, but does

not include excavation solely in aid of on-site farming or on-site construction, nor the

process of prospecting. As used in Chapter 62-330, F.A.C., this does not include

mining operations conducted in conjunction with land development that will result in

residential, industrial, commercial, or land fill uses at the end of construction. Borrow

pits that use extracted material in on-site locations are not mines. For the purposes of

this definition, “on-site” means, “within the contiguous limits of an area of land under

one ownership or control, and upon which agricultural or construction projects are

taking place. Areas of land that are divided by public or private roads are considered

contiguous if such areas are under one ownership or control.”

74. “Mitigation” means an action or series of actions to offset the adverse impacts that

would otherwise cause an activity regulated under Part IV of Chapter 373, F.S., to fail

to meet the criteria set forth in Sections 10.1.1 through 10.2.8.2 of this Volume.

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Mitigation usually consists of restoration, enhancement, creation, preservation, or a

combination thereof.

75. “Mitigation bank,” “Mitigation bank permit,” “Mitigation banker” or “banker,”

“Mitigation credit,” and “Mitigation service area” shall have the same meanings as

provided in Chapter 62-342, F.A.C.

76. “Natural systems” for the purpose of this rule means an ecological system supporting

aquatic and wetland-dependent natural resources, including fish and aquatic and

wetland-dependent wildlife habitat.

77. “Nuisance species” means any species of flora or fauna whose noxious characteristics

or presence in sufficient number, biomass, or areal extent that prevents, or interferes

with, uses or management of resources, and which are native or naturalized in the area

where it occurs.

78. “Obstruction” means any fill, structure, work, appurtenant work, or system placed in

waters, a floodway, or a work of the district which may impede the flow of water or

otherwise result in increased water surface elevations.

79. “Offsite regional mitigation” means mitigation on land off of the site of an activity

permitted under Part IV of Chapter 373, F.S., where an applicant proposes to mitigate

the adverse impacts of only the applicant's specific activity as a requirement of the

permit, which provides regional ecological value, and which is not a mitigation bank

permitted under Section 373.4136, F.S. [Section 373.403(22), F.S.]

80. “Operate” or “operation” means to cause or to allow a project, or a completed

independent phase thereof, to function.

81. “Ordinary high water line” or “OHWL,” for the regulatory purposes of Chapter 62-

330, F.A.C., means that point on the slope or bank where the surface water from

the water body ceases to exert a dominant influence on the character of the

surrounding vegetation and soils. The OHWL frequently encompasses areas

dominated by non-listed vegetation and non-hydric soils.

82. “Other surface waters” means surface waters as described and delineated pursuant to

Rule 62-340.600, F.A.C., as ratified by Section 373.4211, F.S., other than wetlands.

83. “Other watercourse” means any canal, ditch, or other artificial watercourse in which

water usually flows in a defined bed or channel. It is not essential that the flowing be

uniform or uninterrupted. [Section 373.019(14), F.S.]

84. “Permanent pool” means that portion of a wet detention pond that normally holds

water between the normal water level and the top of the anoxic zone or pond

bottom, excluding any water volume claimed as wet detention treatment volume.

85. “Permit area” means the area where works occur as part of an activity requiring a

permit under Part IV of Chapter 373, F.S., and any mitigation, buffer, and

preservation areas, and all portions of the stormwater management system serving the

project area.

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86. “Pier” means a fixed or floating structure extending from land out over water, that is

used primarily for fishing or swimming and not designed or used for mooring or

accessing vessels.

87. “Pollution” is the presence in the outdoor atmosphere or waters of the state of any

substances, contaminants, noise, or manmade or human-induced impairment of air or

waters or alteration of the chemical, physical, biological, or radiological integrity of

air or water in quantities or at levels which are or may be potentially harmful or

injurious to human health or welfare, animal or plant life, or property or which

unreasonably interfere with the enjoyment of life or property, including outdoor

recreation unless authorized by applicable law. [Section 403.031(7), F.S.]

88. “Post-development condition” for nutrient loading determinations shall mean the

average annual nutrient loading based on the proposed project area that would exist

in accordance with the permitted project design.

89. “Predevelopment condition” for nutrient loading determinations shall mean the

average annual nutrient loading based on the land use, land cover, and other site

conditions that are legally in existence at the time of the application.

90. “Preservation” means the protection of wetlands, other surface waters or uplands

from adverse impacts by placing a conservation easement as defined in and meeting

the requirements of Section 704.06, F.S., over the property, or by donation of fee

simple interest in the property to an entity having purposes as described in Section

704.06(3), F.S.

91. “Project” — see “system.”

92. “Project area” means the area where works occur as part of an activity requiring a

permit under part IV of Chapter 373, F.S., or Section 403.814, F.S.

93. “Prospecting” means activities considered normal and reasonably necessary to

retrieve samples of subsurface geologic sediments for the specific purpose of locating,

mapping, and determining the quality and quantity of sedimentary strata or natural

deposits.

94. “Reclaimed water,” except as specifically provided in Chapter 62-610, F.A.C., means

water that has received at least secondary treatment and basic disinfection, and is

reused after flowing out of a domestic wastewater treatment facility.

95. “Recreational path” means an improved lane, path, road, trail, or walkway, whether

paved, cleared, or hardened with shell, clay, rock, or other materials, to provide a

corridor for travel between destinations primarily by walking, biking, or use of non-

internal combustion vehicles.

96. “Redevelopment” means the construction on sites having existing commercial,

industrial, institutional, roadway, or residential land uses, excluding silviculture or

agriculture, where the existing land use has not been previously permitted under Part

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IV of Chapter 373 F.S., where all or part of the existing impervious surface is removed

and replaced with new impervious surface, which has the same or lesser area as the

existing impervious surface, and the same or less intense land use, based on respective

EMC values.

97. “Regional stormwater management system” means a system designed, constructed,

operated, and maintained to collect convey, store, absorb, inhibit, treat, use or reuse

stormwater to prevent or reduce flooding, overdrainage, environmental degradation

and water pollution or otherwise affect the quantity and quality of discharges from

multiple parcels and projects within the drainage area served by the regional system,

where the term “drainage area” refers to the land or development that is served by or

contributes stormwater to the regional system.

98. “Regional watershed” means a watershed as delineated in Rule 62-342.200, F.A.C.

99. “Registered Professional” means a professional registered or licensed by and in the

State of Florida and practicing under Chapter 471, 472, 481, or 492, F.S.

100. “Remove” or “removal” means cessation of use and maintenance of a project, or

part of a project, accompanied by elimination of all or part of the project.

101. “Reservoir” means any artificial or natural holding area that contains or will contain

the water impounded by a dam. [Section 373.403(4), F.S.]

102. “Residential Canal System” means those canals whose uplands are occupied

predominantly by residential single-family or multi-family dwelling units.

103. “Restoration” means converting back to a historic condition those wetlands, surface

waters, or uplands that currently exist as a land form that differs from the historic

condition. For phosphate mining and reclamation, “restoration” shall mean the

recontouring and revegetation of the lands in a manner, consistent with the criteria

and standards of Part II of Chapter 378, F.S., which will maintain or improve the

water quality and functions of the biological systems present at the site prior to

mining.

104. “Retention” means a system designed to prevent the discharge of a given volume of

stormwater runoff into surface waters in the state by complete on-site storage.

Examples are systems such as excavated or natural depression storage areas, pervious

pavement with subgrade, or above ground storage areas.

105. “Reuse” means the deliberate application of reclaimed water, in compliance with

Department and District rules, for a beneficial purpose.

106. “Riprap” means a sloping retaining structure or stabilization made to reduce the force

of waves and to protect the shore from erosion, and consists of unconsolidated

boulders, rocks, or clean concrete rubble with no exposed reinforcing rods or similar

protrusions, and having a size large enough to be stable under normal hydrologic,

tidal, and wave conditions unless a different specific size is specified by rule or

permit.

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107. “Routine custodial maintenance” means those activities described in section 3.1.1 of

this Volume.

108. “Seasonal High Water Level (SHWL)” means the elevation to which the ground and

surface water can be expected to rise due to a normal wet season.

109. “Seawall” means a man-made wall or encroachment, except riprap, which is made to

break the force of waves and to protect the shore from erosion. [Section 373.403(17),

F.S.]

110. “Semi-impervious” means land surfaces that partially restrict the penetration of water,

such as porous concrete and asphalt pavements, gravel, limerock, and certain

compacted soils.

111. “Soil Survey” means a document prepared by the U.S. Natural Resources

Conservation Service that provides soil maps and interpretations useful for guiding

decisions about soil selection, use, and management.

112. “Species of special concern” means those species identified as such by the Florida

Fish and Wildlife Conservation Commission.

113. “State-owned submerged lands” means those lands defined as “sovereignty

submerged lands” in Rule 18-21.003, F.A.C., which are: “those lands including but

not limited to, tidal lands, islands, sand bars, shallow banks, and lands waterward of

the ordinary or mean high water line, beneath navigable fresh water or beneath tidally-

influenced waters, to which the State of Florida acquired title on March 3, 1845, by

virtue of statehood, and which have not been heretofore conveyed or alienated. For

the purposes of [Chapter 18-21] sovereignty submerged lands shall include all

submerged lands title to which is held by the Board.”

114. “State water quality standards” means water quality standards adopted pursuant to

Chapter 403, F.S. [Section 373.403(11), F.S.], including standards composed of

designated most beneficial uses (classification of waters), the numerical and narrative

criteria applied to the specific water use or classification, the Florida anti-degradation

policy (Rules 62-4.242 and 62-302.300, F.A.C.), and the moderating provisions

contained in Chapters 62-4, 62-302, 62-520, and 62-550, F.A.C.

115. “Stormwater” means the flow of water that results from, and that occurs immediately

following, a rainfall event.

116. “Stormwater harvesting” means capturing stormwater for irrigation or other

beneficial use.

117. “Stormwater management system” means a surface water management system that is

designed and constructed or implemented to control discharges which are

necessitated by rainfall events, incorporating methods to collect, convey, store,

absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, over drainage,

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environmental degradation, and water pollution or otherwise affect the quantity and

quality of discharges from the system. [Sections 373.403(10) and 403.031(16), F.S.]

118. “Stormwater Retrofit” means a project that adds treatment, attenuation, or flood

control to an existing stormwater management system or systems but does not serve

new development or redevelopment.

119. “Stormwater treatment system” means a component of stormwater management

system specifically designed, constructed, or implemented to reduce the discharge of

pollutants in stormwater by incorporating methods to collect, convey, store, absorb,

treat, use, or harvest stormwater.

120. “Stormwater utility” means the entity through which funding for a stormwater

management program is obtained by assessing the cost of the program to the

beneficiaries based on their relative contribution to its need. It is operated as a typical

utility that bills services regularly, similar to water and wastewater services.

121. “Stream” means any river, creek, slough, or natural watercourse in which water

usually flows in a defined bed or channel. It is not essential that the flowing be

uniform or uninterrupted. The fact that some part of the bed or channel shall have

been dredged or improved does not prevent the watercourse from being a stream.

[Section 373.019(20), F.S.]

122. “Structure” means anything constructed, installed, or portable, the use of which

requires a location on a parcel of land. It includes a movable structure while it is

located on the land which can be used for housing, business, commercial, agricultural,

or office purposes either temporarily or permanently.

123. “Submerged grassbeds” means any native, herbaceous, submerged vascular plant

community that is growing on the bottoms of surface waters waterward of the mean

high water line or ordinary high water line.

124. “Surface water” means water upon the surface of the earth, whether contained in

bounds created naturally or artificially or diffused. Water from natural springs shall

be classified as surface water when it exits from the spring onto the earth’s surface.

[Section 373.019(21), F.S.]

125. “Swale” means a man-made trench that:

(a) Has a top width-to-depth ratio of the cross-section equal to or greater than 6:1, or side

slopes equal to or greater than three feet horizontal to one foot vertical;

(b) Contains contiguous areas of standing or flowing water only following a rainfall

event;

(c) Is planted with or has stabilized vegetation suitable for soil stabilization, stormwater

treatment, and nutrient uptake; and

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(d) Is designed to take into account the soil erodibility, soil percolation, slope, slope

length, and drainage area so as to prevent erosion and reduce pollutant concentration

of any discharge. [Section 403.803(14), F.S.]

126. “System” or “surface water management system” means a stormwater management

system, dam, impoundment, reservoir, appurtenant work, or works, or any

combination thereof, including areas of dredging or filling, as those terms are defined

in Sections 373.403(13) and (14), F.S. For purposes of Chapter 62-330, F.A.C., and

this Handbook, the term “project” generally will be used in lieu of the term “system.”

127. “Total land area” means land holdings under common ownership that are contiguous,

or land holdings that are served by common surface water management facilities.

128. “Total maximum daily load,” or TMDL, means the sum of the individual wasteload

allocations for point sources and the load allocations for nonpoint sources and natural

background as defined and applied in Chapter 62-303, F.A.C.

129. “Traversing work” means any artificial structure or construction that is placed in or

across a stream or other watercourse, or an impoundment.

130. “Uplands” means areas that are not wetlands or other surface waters, as delineated

pursuant to Rules 62-340.100 through 62-340.550, F.A.C., as ratified by Section

373.4211, F.S.

131. “Vertical seawall” is a seawall the waterward face of which is at a slope steeper than

75 degrees to the horizontal. A seawall with sloping riprap covering the waterward

face to the mean high water line shall not be considered a vertical seawall.

132. “Vessel,” is synonymous with “boat” as referenced in s. 1(b), Art. VII of the State

Constitution, and includes every description of watercraft, barge, and airboat, other

than a seaplane on the water, used or capable of being used as a means of

transportation on water. [Section 327.02(43), F.S.]

133. “Water” or “waters in the state” means any and all water on or beneath the surface of

the ground or in the atmosphere, including natural or artificial watercourses, lakes,

ponds, or diffused surface water and water percolating, standing, or flowing beneath

the surface of the ground, as well as all coastal waters within the jurisdiction of the

state. [Section 373.019(22), F.S.]

134. “Water Management District” or “District” means a Water Management District

created pursuant to Section 373.069, F.S.

135. “Water quality standards” or “State water quality standards” means those standards

set forth in Chapters 62-4, 62-302, 62-520, and 62-550, F.A.C., including the

antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), F.A.C., subsections

62-4.242(2) and (3), F.A.C., and Rule 62-302.300, F.A.C.

136. “Waters of the state” shall be as defined in Section 403.031(13), F.S.

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137. “Watershed” means the land area that contributes to the flow of water into a receiving

body of water. [Sections 373.403(12) and 403.031(18), F.S.]

138. “Wet detention” means the collection and temporary storage of stormwater in a

permanently wet impoundment in such a manner as to provide for treatment through

physical, chemical, and biological processes with subsequent gradual release of the

stormwater.

139. “Wetland Normal Pool Elevation” means the elevation of sustained water levels in a

wetland during the wet season under normal conditions, as reflected by biological

indicators. Normal pool elevation is lower than the SHWL.

140. “Wetlands,” means those areas that are inundated or saturated by surface water or

ground water at a frequency and a duration sufficient to support, and under normal

circumstances do support, a prevalence of vegetation typically adapted for life in

saturated soils. Soils present in wetlands generally are classified as hydric or

alluvial, or possess characteristics that are associated with reducing soil conditions.

The prevalent vegetation in wetlands generally consists of facultative or obligate

hydrophytic macrophytes that are typically adapted to areas having soil conditions

described above. These species, due to morphological, physiological, or

reproductive adaptations, have the ability to grow, reproduce or persist in aquatic

environments or anaerobic soil conditions. Florida wetlands generally include

swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet

prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes,

mangrove swamps and other similar areas. Florida wetlands generally do not

include longleaf or slash pine flatwoods with an understory dominated by saw

palmetto. [Section 373.019(27), F.S.] The landward extent of wetlands is delineated

pursuant to Rules 62-340.100 through 62-340.550, F.A.C., as ratified by Section

373.4211, F.S.

141. “Work of the District” means those projects and works, including, but not limited to,

structures, impoundments, wells, streams, and other watercourses, together with the

appurtenant facilities and accompanying lands, which have been officially adopted

by the governing board of the district as works of the district. [Section 373.019(28),

F.S.]

142. “Works” means all artificial structures, including, but not limited to, ditches, canals,

conduits, channels, culverts, pipes, and other construction that connects to, draws

water from, drains water into, or is placed in or across the waters in the state [Section

373.403(5), F.S.] and includes all types of dredging and filling to create, remove, or

locate structures in, on, or over wetlands or other surface waters.

143. “Zone of discharge” means a volume underlying or surrounding the site and

extending to the base of a specifically designated aquifer or aquifers, within which an

opportunity for the treatment, mixture or dispersion of wastes into receiving ground

water is afforded.

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(b) Definitions and terms that are not defined above shall be given their ordinary and customary

meaning or usage of the trade or will be defined using published, generally accepted dictionaries,

together with any rules and statutes of the Agencies that have additional authority over the

regulated activities.

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3.0 Regulated Activities

3.1 Permits Not Required

A permit is not required under Chapter 62-330, F.A.C., for activities listed in subsection 62-

330.020(1), F.A.C. Components of those provisions are discussed below.

3.1.1 Routine Custodial Maintenance

The operation and routine custodial maintenance of projects legally in existence does not require a

permit under paragraph 62-330.020(1)(a), F.A.C., provided they:

(a) Comply with the terms and conditions of any permit, exemption, or other authorization

previously granted for the work being operated or maintained;

(b) Do not alter, modify, expand, abandon, or remove the existing work in a manner as to

require a general permit under Rule 62-330.052, F.A.C., or an individual permit under Rule

62-330.054, F.A.C.

(c) Do not cause or contribute to violations of water quality standards in receiving waters.

(d) Are routine and custodial, having no more than a minimal adverse impact on the

environment. To be considered routine custodial maintenance, the activity must occur on

a frequent enough basis to ensure that the project continues to function as originally

designed. The Agencies recognize that a partial loss of function will occur over a period of

time prior to routine custodial maintenance. However, should the project be allowed to

deteriorate over a period of time to the extent that it no longer functions as originally

designed or proposed, then restoring the project to its original design is not exempt from

the requirements to obtain a permit. Projects are considered to no longer function as

designed when they no longer fulfill their originally intended purpose or the repairs needed

to restore the project to original design are so extensive that they would cause more than a

minimal adverse environmental impact. Some examples of originally intended purposes of

projects are:

1. Stormwater systems;

2. Irrigation ditches – conveying water from a water source to a water use area;

3. Drainage ditches – draining lands to enable specific agricultural, residential,

commercial or recreational land use;

4. Drainage ditches – draining lands to enable harvesting, site preparation, and

regeneration of silvicultural lands during timber rotations;

5. Canals – conveying water for flood control or draining lands to enable specific

land uses or navigational uses;

6. Channels – specific navigational uses; and

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7. Dikes – preventing flooding to enable specific agricultural, urban or recreational

land uses.

The only instance when repair of a non-functioning project would be routine custodial

maintenance is when the project has lost functionality due to a sudden event such as a large

storm. In such case, the repair must be conducted as soon as practical after the damage

occurs, but in no case later than

June 1 of the next calendar year after the damage

occurred.

This serves to ensure a continuity of function during the wet season, which

generally occurs between June and October throughout the state.

If this deadline would

result in a substantial hardship or would violate principles of fairness, the maintenance

entity may seek a variance or waiver from this requirement pursuant to Section 120.542,

F.S.

The evaluation of environmental impacts will compare the environmental conditions prior

to conducting the proposed maintenance activity with the expected environmental

conditions that would result from the proposed maintenance. Environmental impacts that

are considered to be more than minimal include: changing water levels in wetlands or other

surface waters in a manner that adversely impacts fish and wildlife or their habitat as

provided in paragraph 62-330.301(1)(d); changing water levels off-site in a manner that

causes flooding or other adverse impacts as described in paragraph 62-330.301(1)(a), (b),

or (c), F.A.C.; or causing a violation of state water quality standards in receiving waters,

as described in paragraph 62-330.301(1)(e), F.A.C.

3.1.2 “Grandfathered Activities”

A permit is not required under Chapter 62-330, F.A.C., to conduct certain activities that are

“grandfathered” in accordance with the statutory provisions listed in paragraph 62-330.020(1)(c),

F.A.C. Such projects are authorized to remain in existence, to remain operating, or may be constructed

under the stormwater, dredge and fill, and management and storage of surface waters (MSSW) statutes

and rules that existed prior to certain dates as specified below, as long as the terms and conditions of

any issued permit, exemption, or other authorization for such project continue to be met, unless the

applicant elects review under Chapter 62-330, F.A.C.:

(a) The effective date of the ERP program (October 3, 1995) throughout Florida, except within

the geographical area of the NWFWMD, for activities under Sections 373.414(11), (12)(a),

(13), (14), (15), or (16), F.S. The text of these provisions must be followed very carefully. A

copy of those provisions is included in the “References and Design Aids” for Volume I,

available at https://floridadep.gov/water/water/content/water-resource-management-

rules#erp. The following is just a brief overview, and should not be considered a complete

guide to their implementation:

1. Activities approved under a valid stormwater permit under Chapters 17-25 or 62-25,

F.A.C., a dredge and fill permit under Chapters 17-312 or 62-312, F.A.C., or an

MSSW permit under the rules of the applicable District in effect prior to October 3,

1995. Most of these permits have now expired, but the operation and maintenance

phase of those activities permitted under the stormwater and MSSW rules remains in

effect in perpetuity.

2. Activities within a valid jurisdictional declaratory statement submitted prior to

October 3, 1995.

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3. Activities for which an application was pending on June 15, 1994, and complete prior

to October 3, 1995, under Chapters 17-25 or 62-25, F.A.C., Chapters 17-312 or 62-

312, F.A.C., or a management and storage of surface waters (MSSW) permit under

the rules of the applicable District. Most of these applications have already been

permitted, denied, or withdrawn.

4. Projects legally in existence, including those in operation and those that for which

construction had commenced in accordance with an exemption under Part IV of

Chapter 373, F.S., or Part V of Chapter 403, F.S., prior to October 3, 1995. Most of

the exemptions continue to exist in Sections 373.406 and 403.813, F.S.; to the extent

an activity meets the terms and conditions of an exemption, a permit under Chapter

62-330, F.A.C., is not required.

5. Activities associated with mining operations that are included in a conceptual

reclamation plan or modification submitted prior to July 1, 1996, under Sections

378.201 through 378.212, and 378.701 through 378.703, F.S.

(b) The effective date of Phase I of the ERP program within the NWFWMD (October 1, 2007),

was limited to certain stormwater management systems that were either legally in existence,

permitted under Chapter 62-25, F.A.C., or did not require a permit under that chapter. The

effective date of Phase II of the ERP program within the NWFWMD (November 1, 2010),

was expanded to all systems, including dredging and filling in, on, or over wetlands and other

surface waters, including isolated wetlands. In accordance with Section 373.4145(6), F.S., the

following shall continue to be governed by Section 373.4145, F.S., as it was in effect in 1994.

The text of these provisions must be followed very carefully — see:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=

&URL=0300-0399/0373/Sections/0373.414.html; the following is just a brief overview, and

should not be considered a complete guide to their implementation.

1. The operation and routine custodial maintenance of projects legally in existence as

long as the terms and conditions of the permit, exemption, or other authorization

for such projects continue to be met. Additional discussion on routine custodial

maintenance is contained in section 3.1.1, above.

2. Activities approved in a permit issued pursuant to Section 373.4145, F.S. (1994).

3. Activities proposed in applications under Chapter 62-25, F.A.C., received and

completed before November 1, 2010.

4. Any modification of the plans, terms, and conditions of a permit issued pursuant

to Section 373.4145, F.S. (1994) that lessens the environmental impact, except that

any such modification shall not extend the time limit for construction beyond two

additional years.

These provisions shall not apply to any project that is altered or modified in a manner that:

increases the water resource impact; increases the duration for construction beyond two

additional years; or involves expansion, abandonment, or removal of a project after

October 1, 2013.

(c) The following shall continue to be governed by the rules adopted by the Agencies under

Part IV of Chapter 373, F.S., in effect before the effective date of Chapter 62-330, F.A.C.,

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implementing Section 373.4131, F.S., unless the applicant elects review in accordance with

Chapter 62-330, F.A.C., as it exists after that date:

1. Operation and maintenance of any project that was legally in existence before

October 1, 2013, as long as the terms and conditions of the permit, exemption, or

other authorization for such activity continue to be met.

2. Activities determined in writing by the Agency to be exempt from permitting under

Part IV of Chapter 373, F.S., including self-certifications submitted to an Agency

before October 1, 2013, as long as the terms and conditions of the exemption

continue to be met.

3. Activities approved in a permit Part IV of Chapter 373, F.S., before October 1,

2013 and the review of activities proposed in a permit application that was

complete before October 1, 2013. This includes any modification of such a permit,

including new activities within the originally permitted project area that lessens or

does not increase impacts. However, a permit modification under Chapter 62-330,

F.A.C., October 1, 2013, is required if:

a. The project will cause additional or substantially different water resource

impacts, or

b. The project does not qualify as a minor or “letter” modification under Rule

62-330.315, F.A.C.

(d) Appendix D of the NWFWMD Volume II contains guidance on the extent to which

alteration of a system previously permitted under Rule 17-4.248, F.A.C. (in effect between

March 1, 1979, and February 1, 1982), or Chapter 62-25, F.A.C. (Chapter 17-25, F.A.C.,

between February 1, 1982, and July 1994), is subject to the permitting requirements of Chapter

62-330, F.A.C.

(e) Stormwater criteria throughout Volume I and Volume II was updated effective June 28,

2024. The updated requirements are applicable to project applications as indicated in the

respective updated sections, and as described below:

1. When public transportation projects have received an individual permit prior to

June 28, 2024, such activities will remain subject to the rules in effect at the time

of issuance, including any associated modifications necessary to accommodate

design changes solely for the purposes of public safety or design changes that do

not increase the overall impervious surface area by more than 10 percent.

2. For permit modifications, submitted no later than five years from June 28, 2024,

for permitted public transportation projects which include stormwater ponds that

were sized and permitted to collect stormwater from future public transportation

projects, such projects shall be subject to the rules in existence at the time the

stormwater management pond was permitted, so long as the treatment capacity for

future public transportation projects was specified in the application materials

submitted to the agency at the time of the original permit application.

3. For projects and activities not covered by subparagraphs 1. and 2. above, those

projects and activities that were approved by an unexpired conceptual, general, or

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individual Environmental Resource Permit, Management and Storage of Surface

Waters Permit, or Surface Water Management Permit issued prior to June 28,

2024, shall be exempt from the amendments to Chapter 62-330, F.A.C., and

Volume I adopted on June 28, 2024, and the corresponding amendments to the

applicable Volume II. This exemption shall apply to any modification of such

permit that is not a major modification or that does not cause substantially different

water resource impacts, and to the subsequent permits to construct and operate the

future phases consistent with an unexpired conceptual approval permit. This

exemption shall also apply to transfers of such permits, or conversion of such

permits to the operation phase, on or after June 28, 2024; however, such operation

phase permits shall be subject to the Inspections and Reporting Requirements of

sections 12.5 and 12.6 of this Volume. A modification of a permit qualifying for

this exemption shall be reviewed under the rules in effect at the time the permit

was originally issued, unless the applicant elects to have such modification

reviewed under the rules adopted on June 28, 2024. Any modification of such

permit for the construction of a new dam or major modification of an existing

permit for a dam, as defined in paragraph 2.0(a)27 above, shall be subject to the

criteria of sections 8.4.5 and Appendix L, if applicable to such permit modification.

*

*

Nothing in Section 3.1.2(e)3. shall eliminate any grandfather provisions in

Section 1.4.2 and other grandfather provisions of Section 3.1.2 in existence prior

to June 28, 2024. Projects listed in Section 3.1.2(e)3. shall use all forms in effect

at the time the permit was originally issued, except for those subsequent permits

to construct and operate the future phases consistent with an unexpired conceptual

approval permit which shall use the following forms effective June 28, 2024: Form

62-330.301(26) Financial Capability Certification; Form 62-330.301(25) Dam

System Information; Form 62-330.311(1) Operation and Maintenance

Certification; and Form 62-330.311(3) Inspection Checklists, as applicable.

*

4. *Projects or activities that are the subject of a general or individual permit

application that is deemed complete on or before December 28, 2025, shall be

exempt from the amendments to Chapter 62-330, F.A.C., and Volume I adopted

on June 28, 2024, and the corresponding amendments to the applicable Volume

II.

*

(f) *Development or other construction projects for which stormwater management and

design plans were submitted to a local or other government agency before January 1, 2024,

shall be exempt from the amendments to Chapter 62-330, F.A.C., and Volume I adopted

on June 28, 2024, and the corresponding amendments to the applicable Volume II, for any

of the following:

1. A project that was submitted as part of a local building permit or as part of an

application for a site plan or subdivision plat approval.

*

Any future amendments to those portions of the Applicant’s Handbook Volume I, incorporated in rule 62-330.010(4)(a), Florida

Administrative Code, and included in Section 373.4131(7), F.S. (2024), must be submitted in bill form to the Speaker of the

House of Representatives and to the President of the Senate for their consideration and referral to the appropriate committees.

Such amendments shall become effective only upon approval by act of the Legislature. These subsections are denoted by

bracketing asterisks and corresponding footnotes within this document (A.H. Volume I, eff. June 28, 2024).

*

Future amendments to the portion of section 3.1.2(e)3. beginning with “Nothing in Section 3.1.2(e)3. …” and ending with “…as

applicable” shall become effective only as specified in Section 373.4131(7), F.S. (2024).

*

Future amendments to section 3.1.2(e)4. shall become effective only as specified in Section 373.4131(7), F.S. (2024).

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2. An approved regional stormwater management system designed and

permitted pursuant to an effective permit under part IV of chapter 373, F.S.

*

(g) *Stormwater management systems constructed in accordance with a binding ecosystem

management agreement executed by the department pursuant to Section 403.0752, F.S.,

before January 1, 2024, are exempt from the amendments to chapter 62-330, Florida

Administrative Code, the Applicant’s Handbook Volume I adopted on June 28, 2024, and

corresponding amendments to the Applicant’s Handbook Volume II.

*

(h) *Stormwater management and design plans for a valid development of regional impact,

as defined in Section 380.06, F.S., with a development order, as defined pursuant to Section

380.031, F.S., issued before January 1, 2024, are exempt, until October 1, 2044, from the

amendments to chapter 62-330, Florida Administrative Code, the Applicant’s Handbook

Volume I adopted on June 28, 2024, and corresponding amendments to the Applicant’s

Handbook Volume II, except where there has been an official determination or

classification that an approved development of regional impact was essentially built out,

as discussed in Section 380.06(4), F.S., after June 28, 2024.

*

(i) *Stormwater management and design plans for a planned unit development final

development plan approved pursuant to a local ordinance, resolution, or other final action

by a local governing body before January 1, 2024, are exempt, until October 1, 2034, from

the amendments to chapter 62-330, Florida Administrative Code, the Applicant’s

Handbook Volume I adopted on June 28, 2024, and corresponding amendments to the

Applicant’s Handbook Volume II.

*

3.1.3 “10/2 General Permit”

Paragraph 62-330.020(1)(d), F.A.C., is a reference to activities in uplands having less than 10 acres

of total project area and less than two acres of impervious surface that can qualify for the general

permit in Section 403.814(12), F.S. (referred to as the “10/2” general permit). This is not a general

permit under Chapter 62-330, F.A.C., and does not require submittal of the notice specified in

subsection 62-330.402(1), F.A.C., but does require submittal of an electronic self-certification

attesting to compliance with the general permit. DEP has a portal at http://www.fldepportal.com/go/

that enables persons to submit a variety of self-service authorizations for exempt and general permit

activities online, including certifying qualification for the 10/2 general permit. DEP’s portal can be

used regardless of whether regulation of the activity in the absence of the general permit would be

the responsibility of the DEP, a WMD, or a delegated local government under the Operating

Agreements between the Agencies. This Volume and Volume II contain design and performance

standards that are relevant to the design of activities that qualify for this general permit.

3.1.4. Permit Thresholds

Unless it is not regulated or is exempt under subsection 62-330.020(1), F.A.C. (as discussed above in

sections 3.1 through 3.1.3, above), a permit is required for any activity that, by itself or in combination

with any other activity conducted after October 1, 2013, cumulatively exceeds any of the thresholds in

*

Future amendments to sections 3.1.2(f), 3.1.2(f)1., and 3.1.2(f)2. shall become effective only as specified in Section

373.4131(7), F.S. (2024).

*

Future amendments to section 3.1.2(g) shall become effective only as specified in Section 373.4131(7), F.S. (2024).

*

Future amendments to section 3.1.2(h) shall become effective only as specified in Section 373.4131(7), F.S. (2024).

*

Future amendments to section 3.1.2(i) shall become effective only as specified in Section 373.4131(7), F.S. (2024).

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paragraphs 62-330.020(2)(a) through (j), F.A.C. Some provisions of those thresholds are explained

below:

(a) Examples of impervious or semi-impervious surface area subject to vehicular traffic, as

provided in paragraph 62-330.020(2)(b), F.A.C., are roads, parking lots, driveways, and

loading zones. The terms “impervious” and “semi-impervious” are defined in paragraphs

2.0(a)51 and 92, respectively, of this Volume. The total impervious and semi-impervious

surface areas in paragraph 62-330.020(2)(c), F.A.C., include those areas described in

paragraph 62-330.020(2)(b), F.A.C.

(b) The term “project area,” as used in paragraph 62-330.020(2)(d), F.A.C., is defined in

paragraph 2.0(a)75 of this Volume, and generally is the area, including mitigation, where

works (essentially movement of earth, or construction or alteration of structures) occur as

part of an activity requiring a permit.

(c) As referenced in paragraph 62-330.020(2)(i), F.A.C., District-specific thresholds are in

section 1.2 of each Volume II.

(d) The term “common plan of development or sale” is defined in section 2.0(a)20. of this

Volume.

(e) Section 373.4132, F.S. provides additional information on dry storage facilities that are not

subject to permitting under paragraph 62-330.020(2)(h), F.A.C.

(f) Activities that do not exceed the thresholds in paragraphs 62-330.020(2)(a) through (j)

must not:

1. Cause adverse water quantity impacts to receiving waters and adjacent lands.

Volume II applicable to the geographical location of the activity provides design

and performance standards for meeting this criterion;

2. Cause adverse flooding to on-site or off-site property. Volume II applicable to the

geographical location of the activity provides design and performance standards

for meeting this criterion;

3. Cause adverse impacts to existing surface water storage and conveyance

capabilities. Volume II applicable to the geographical location of the activity

provides design and performance standards for meeting this criterion;

4. Cause or contribute to a violation of the water quality standards. Those standards

are contained in Chapter 62-302, F.A.C., and Rule 62-4.242, F.A.C., for all surface

waters, including the anti-degradation requirements for Outstanding Florida

Waters, and Chapters 62-520 and 62-550, F.A.C., for ground waters; or

5. Cause adverse secondary or cumulative impacts to the water resources by itself, or

in combination with existing activities. See Sections 10.2.7 and 10.2.8 for

discussion of how the Agency evaluates the potential for secondary and cumulative

impacts.

The above do not need to be evaluated by the Agencies prior to conducting activities that

do not exceed the thresholds in subsection 62-330.020(2), F.A.C. However, persons are

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subject to potential enforcement if the construction or operation of such projects results in

any of the adverse effects in (f)1 through 5, above, or the project is discovered to exceed

the thresholds in subsection 62-330.020(2), F.A.C.

(g) A “Works of the District” permit pursuant to Chapter 40A-6, F.A.C. (within the

NWFWMD), Chapter 40B-4, F.A.C. (within the SRWMD), and Chapter 40E-6, 40E-61,

40E-62, or 40E-63, F.A.C. (within the SFWMD), is required within those WMDs if the

activity involves connection with, placement of structures in or across, or otherwise makes

use of Works of the District.

3.2 Exemptions

A permit is not required for activities that are exempt under Section 373.406, 373.4145(3), or

403.813, F.S., Rule 62-330.051 or 62-330.0511, F.A.C., or Section 1.3 (District-specific

exemptions) of the applicable Volume II (see Rule 62-330.020(1)(b), F.A.C.). Explanations of

some of those exemptions are provided below.

Except where required by the terms of the exemption, an application or notice to the Agency is not

required for activities that meet all the terms and conditions of an exemption. However, such

exemptions do not provide the authorization that may be required from other local, state, regional,

or federal agencies. For example, exempt activities that occur on state-owned submerged land may

require a separate letter of consent, easement, or lease under Chapters 253 and 258, F.S., and

Chapters 18-20 and 18-21, F.A.C., as applicable. Activities that are exempt from ERP permitting

under Rules 62-330.051 or 62-330.0511, F.A.C., may require separate permitting from the USACE

(see sections 1.3.1 through 1.3.1.2, above).

If a person desires verification that an activity qualifies for an exemption, and information on

potential state-owned submerged lands authorization, the request must be submitted following Rule

62-330.050, F.A.C., and sections 4.2.1 and 4.4 of this Volume.

3.2.1 Agriculture and Forestry

(a) Section 373.406(2), F.S., states that “…[N]othing herein, or in any rule, regulation, or order

adopted pursuant hereto, shall be construed to affect the right of any person engaged in the

occupation of agriculture, silviculture, floriculture, or horticulture to alter the topography of

any tract of land, including, but not limited to, activities that may impede or divert the flow of

surface waters or adversely impact wetlands, for purposes consistent with the normal and

customary practice of such occupation in the area. However, such alteration or activity may

not be for the sole or predominant purpose of impeding or diverting the flow of surface waters

or adversely impacting wetlands.”

Within the Panhandle, the NWFWMD reviews agricultural and forestry activities that are

not exempt using Chapter 40A-44, F.A.C.; they will not require a separate ERP under

Chapter 62-330, F.A.C., for those activities. The other Districts regulate agriculture and

silviculture activities that do not qualify for the exemption using Chapter 62-330, F.A.C., and

the Applicant’s Handbook. The SJRWMD also uses Chapter 40C-44, F.A.C., for such

regulation.

(b) Section 373.406(3), F.S., provides that “Nothing herein, or in any rule, regulation or order

adopted pursuant hereto, shall be construed to be applicable to construction, operation, or

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maintenance of any agricultural closed system.” A “closed system” is defined in Section

373.403(6), F.S., and a surface water management permit is not required for such systems.

This subsection shall not be construed to eliminate the need to meet generally accepted

engineering practices for the design, construction, operation, and maintenance of dams,

dikes, or levees.

(c) The SWFWMD has a voluntary Agricultural Ground and Surface Water Management

(AGSWM) program to assist the agriculture industry in implementing best management

practices designed to minimize adverse impacts to water resources. See section 1.3 of the

SWFWMD Volume II for additional information.

(d) DEP will regulate activities on agricultural or forestry lands that are non-agricultural in

nature and that are otherwise the responsibility of DEP in accordance with the Operating

Agreements between the Agencies, such as an individual single-family residence, duplex,

triplex, or quadruplex that is incidental to an agriculture or forestry activity, or a

concentrated animal feeding operation (CAFO) operating under an Industrial Waste Permit

issued by DEP.

(e) Construction or alteration of systems such as roads for future development will not be

considered agriculture or silviculture activities, and will be regulated under Chapter 62-

330, F.A.C.

3.2.2 Individual Single-Family Residence, Duplex, Triplex, or Quadruplex

(a) Subsection 62-330.051(13), F.A.C., exempts from the noticing and permitting requirements

of Chapter 62-330, F.A.C., the construction or private use of an individual, single-family

dwelling unit, duplex, triplex, or quadruplex that:

1. Is not part of a larger common plan of development or sale;

2. Does not involve work in wetlands or other surface waters; and

3. Does not require a modification of a permit issued under part IV of Chapter 373, F.S.

This exemption does not apply within the Wekiva River Protection Area within Lake,

Seminole, and Orange Counties (see section 1.2 of the SJRWMD Volume II).

(b) Section 403.813(1)(q), F.S., exempts the construction, operation, or maintenance of

stormwater management facilities that are designed to serve single-family residential projects,

including duplexes, triplexes, and quadruplexes, if they are less than 10 acres total land and

have less than 2 acres of impervious surface and if the facilities:

1. Comply with all regulations or ordinances applicable to stormwater management and

adopted by a city or county;

2. Are not part of a larger common plan of development or sale; and

3. Discharge into a stormwater discharge facility exempted or permitted by DEP under

this chapter which has sufficient capacity and treatment capability as specified in this

chapter and is owned, maintained, or operated by a city, county, special district with

drainage responsibility, or water management district; however, this exemption does

not authorize discharge to a facility without the facility owner's prior written consent.

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Activities qualifying for the provisions in paragraph (a) or (b), above, are not required to comply

with the provisions in the Volume II.

3.2.3 Maintenance Dredging and Maintenance of Insect Control Systems

Exemptions for certain maintenance activities are provided in Section 403.813(1)(f) and (g), F.S.,

and are described in detail below. The exemption in Section 403.813(1)(f), F.S., authorizes

maintenance dredging of existing manmade canals and channels, including navigation basins and

ship’s berths; intake and discharge structures; and previously dredged portions of natural water

bodies within recorded drainage rights-of-way or drainage easements. The exemption in Section

403.813(1)(g), F.S., addresses the maintenance of existing insect control structures, dikes, and

irrigation and drainage ditches. A number of limitations and conditions apply to these exemptions,

as summarized below.

(a) Original design specifications/configurations.

1. Section 403.813(1)(f), F.S., requires that no more dredging be performed than is

necessary to restore the canals, channels, intake and discharge structures and

previously dredged portions of natural water bodies, to original design

specifications or configurations. Section 403.813(1)(g), F.S., requires that no more

dredging be performed than is necessary to restore the dike or irrigation or drainage

ditch to its original design specifications.

2. The entity claiming the maintenance exemption bears the burden of establishing

that its activity qualifies for the exemption, including that the maintenance will not

extend a system beyond its original design specifications or configuration.

However, there is no requirement for the maintenance entity to provide advance

notice to the Agency that they are planning on performing maintenance that

qualifies for the exemptions in Sections 403.813(1)(f) or (g), F.S., except for the

30-day notice required for the maintenance dredging of previously dredged

portions of natural water bodies within recorded drainage rights-of-way or

drainage easements.

Maintenance entities are encouraged to notify the Agency of proposed

maintenance and to discuss its planned scope and extent with the Agency.

Maintenance entities may also request confirmation from the Agency that they

qualify for an exemption. In the event that the planned activity does not qualify for

an exemption, such consultation should help to avoid enforcement action by the

Agency.

3. Direct evidence of original design can include: plans; historical aerial photographs;

surveyed cross sections; soil boring reports, if such borings can distinguish

between the original soils and the sediment deposited in a system; and other

historical documents. Where such documentation does not clearly establish the

original design, eyewitness accounts can be submitted to provide further evidence

of the original design specifications or configuration. In addition, indirect evidence

can be used. Indirect evidence is evidence from which the original design

specifications or configuration can be scientifically deduced. Examples of such

indirect evidence include historic information of land uses enabled by the system,

and the sizes and capacities of associated systems, such as culverts or weirs. If the

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maintenance entity cannot reasonably establish the original design of a system, the

maintenance exemptions in Sections 403.813(1)(f) and (g), F.S., are not applicable.

(b) The following limitations, conditions, and definitions also apply to the exemption in

Section 403.813(1)(f), F.S., for maintenance dredging of existing: canals and channels,

including navigation basins and ship’s berths; intake and discharge structures; and

previously dredged portions of natural water bodies within recorded drainage rights-of-

way or drainage easements:

1. Spoil material must be deposited in a self-contained, upland spoil disposal site that

will prevent the escape of spoil material into the waters of the state. For the

purposes of the exemptions in Sections 403.813(1)(f) and (g), F.S., a self-

contained, upland disposal site is a disposal site located entirely in uplands which

is designed to prevent the spoil material from reentering waters of the state as

defined in Section 403.031(13), F.S. Some examples of self-contained upland spoil

disposal sites are:

a. An upland area separated from waters of the state by a berm, such that the

spoil material cannot reenter waters of the state;

b. In a system that has an outer berm or dike, placing the spoil on the inner

banks of the dike where it could potentially reenter those interior canals

which are not waters of the state, and where the spoil material is prevented

from being discharged to waters of the state through the operation of a

pump or other type of water control structure; and

c. In a system involving a road with roadside ditches that are waters of the

state, placing spoil in a “V” shaped notch in the center of the road such

that it could not be discharged to waters of the state.

Additionally, use of dredged materials to conduct exempt or permitted

maintenance of a dike or road shall not be considered spoil disposal, so long as the

dredged materials are only used to restore the dike or road to original design

specifications and the dredged material is not deposited into wetlands or other

surface waters outside of the original dike or road cross section.

2. Best management practices for erosion and sediment control must be used at the

dredge site to prevent bank erosion and scouring and to prevent turbidity, dredged

material, and toxic or deleterious substances from discharging into adjacent waters

during maintenance dredging. This does not prevent the discharge of water during

dredging or from the disposal site, as long as water quality standards are not

violated in the receiving waters.

3. The maintenance dredging shall not cause significant impacts to previously

undisturbed natural areas.

4. Maintenance work must be conducted in accordance with Section 379.2431(2)(d),

F.S., which provides that, except as authorized by a permit issued under Section

379.2431(2)(c), F.S., or by the terms of a valid federal permit, the maintenance

entity shall not at any time, by any means or in any manner intentionally or

negligently:

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a. Annoy, molest, harass, or disturb or attempt to molest, harass, or disturb

any manatee;

b. Injure or harm or attempt to injure or harm any manatee;

c. Capture or collect or attempt to capture or collect any manatee;

d. Pursue, hunt, wound, or kill or attempt to pursue, hunt, wound, or kill any

manatee; or

e. Possess, literally or constructively, any manatee or any part of any

manatee.

5. For canals and previously dredged portions of natural water bodies, the exemption

only applies to such systems constructed prior to April 3, 1970, or constructed on

or after April 3, 1970, pursuant to all necessary state permits.

6. The exemption does not apply to the removal of any natural or manmade barrier

separating a canal or canal system from adjacent waters.

7. Maintenance dredging shall be limited to a depth of no more than five feet below

mean low water for existing manmade canals or intake or discharge structures that

have not been previously permitted for construction or maintenance dredging in

accordance with necessary state permits or permits issued by the U.S. Army Corps

of Engineers (USACE) between April 4, 1970, and October 26, 1975, or when

such permits were required, by DEP, the WMD, or the USACE after October 26,

1975.

For canals dredged prior to 1975, where evidence indicates that the canals were

dredged to depths deeper than five feet, and no subsequent enforcement action was

taken, the maintenance entity is encouraged to notify the Agency at least 30 days

prior to dredging, and provide documentation of original design specifications or

configurations where such exist so that the Agency can have an opportunity to

verify that the exempt conditions apply.

8. For maintenance dredging of a previously dredged portion of a natural water body,

the maintenance entity must notify DEP at least 30 days prior to dredging, and

provide documentation of original design specifications or configurations where

such exist.

9. The term “natural water bodies” as used in paragraph 403.813(1)(f), F.S., means

those surface water bodies extending waterward from the boundary established

pursuant to the methodology in Chapter 62-340, F.A.C., except for those waters

that were created solely due to human activity, such as borrow pits, ditches, canals,

and artificial impoundments located in areas that were uplands prior to

construction. As stated above, the maintenance entity is required to notify the

Agency at least 30 days prior to dredging and provide documentation of original

design specifications or configurations where such exist for maintenance dredging

of previously dredged portions of natural water bodies within recorded drainage

rights-of-way or drainage easements. The terms “previously dredged” and “within

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recorded drainage rights-of-way” are interpreted to apply to dredging originally

performed within a right-of-way recorded prior to when these provisions became

effective (October 1, 1997, per Chapter 97-22, Laws of Florida).

(c) The following limitations or conditions also apply to the exemption in Section

403.813(1)(g), F.S., for the maintenance of existing insect control structures, dikes, and

irrigation and drainage ditches:

1. Spoil material must be deposited on a self-contained, upland spoil site that will

prevent the escape of spoil material into waters of the state (see paragraph

3.2.3(b)1, above, for further explanation of self-contained, upland spoil site);

2. For insect control structures, if the Department of Health determines that the cost

of new spoil disposal is so excessive that it will inhibit proposed insect control,

then existing spoil sites or dikes may be used upon notification to DEP. In such

cases, turbidity control devices shall be used when the receiving water body is a

potable water supply, is designated as shellfish harvesting waters, or functions as

a habitat for commercially or recreationally important shellfish or finfish.

3.2.4 Seawall, Riprap, and other Shoreline Structure Restoration

Restoration and repair of a seawall, riprap revetment or other shoreline protection structure may be

performed without a permit, under any of the following circumstances:

(a) The work qualifies as routine, custodial maintenance, as discussed in section 3.1.1, above.

(b) The work is authorized under a de minimis exemption, as explained in section 3.2.7, below.

(c) The work is authorized to be performed without a permit under an Emergency Order issued

by the Governor and/or the Secretary of DEP or the Executive Director of a District

following a large event, such as a hurricane.

(d) The work qualifies for an exemption under paragraph 62-330.051(12)(b), F.A.C., and

Section 403.813(1)(e), F.S., which authorize restoration as long as no permit is required

under Chapter 161, F.S., and the face of the restored structure is within 18 inches from the

face of the old structure. Restoration under this exemption is limited to instances where the

primary purpose of the project is restoration or replacement of an old or failing structure,

and is not to expand or reclaim uplands. Generally, this exemption applies to situations in

which:

1. The structure has been damaged or destroyed by a discrete event (such as a storm,

accident, fire, or other unforeseen circumstance), typically of a localized nature

within a period of no longer than one year of the event (which is normally a

reasonable time to perform such restoration).

2. The restoration or repair is necessary due to degradation of materials over time,

erosion (such as from currents or boat wakes), structural failures resulting from

poor workmanship or design, or to upgrade materials or raise the height of the

structure (such as to prevent overtopping by tides, waves, wakes, or flows).

Restoration of structures that have deteriorated over long periods of time may

require extensive work, such as backfilling, which may result in adverse individual

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or cumulative impact to the water resources. For this reason, the following factors

will be considered in determining whether the repair or restoration work is exempt,

or needs a permit:

a. Whether the mean (or ordinary) high water line has shifted landward or

waterward of the structure along more than 50 percent of its length (which

may or may not run the entire length of the shoreline of the property);

b. The structural failure has persisted long enough for wetland or other

aquatic communities to become established behind more than 10 percent

of the length of the structure (excluding such communities that exist solely

due to periodic overtopping by tides, waves or floods);

c. The damage or deterioration consists of more than minor cracks or gaps,

(such as large sections of the structure that are failing, leaning, or

completely missing), and the structure is no longer effectively retaining or

stabilizing land; or

d. An excessive period of time has elapsed between when the degradation or

failure became apparent and the time the repairs are proposed.

Consideration will be given when extended time is needed due solely to

circumstances beyond the control of the property owner, such as

unavailability of contractors.

Furthermore, for the restoration work to qualify for this exemption, the structure must also

be (or have been) legally in existence by virtue of:

1. Having been built under an applicable exemption or permit under Part IV of

Chapter 373, F.S., or Part V of Chapter 403, F.S.; and was granted any applicable

state-owned submerged lands authorization under Chapters 253 and 258, F.S.; or

2. Qualifying as being “grandfathered” (see section 3.1.2, above), such as having

been built prior to permitting requirements under the above statutes.

3.2.5 Swales

Section 403.813(1)(j), F.S., exempts the construction and maintenance of swales. A swale is defined

in Section 403.803(14), F.S., as a manmade trench that:

(a) Has a top width to depth ratio of the cross-section equal to or greater than 6:1, or side slopes

equal to or greater than 3 feet horizontal to 1-foot vertical;

(b) Contains contiguous areas of standing or flowing water only following a rainfall event;

(c) Is planted with vegetation suitable for soil stabilization, stormwater treatment, and nutrient

uptake; and

(d) Is designed to take into account the soil erodibility, soil percolation, slope, slope length, and

drainage area so as to prevent erosion and reduce pollutant concentration of any discharge.

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Applicants are advised that the construction of a swale system does not qualify for the exemption

under Section 403.813(1)(j), F.S. A “swale system” is a stormwater management system that does

not consist entirely of swales. An example is a subdivision served by swales as the primary stormwater

management system, but that includes culverted driveway crossings and other pipe conveyance

features. Such stormwater management systems must be designed and evaluated to address such

things as potential impoundments and flood conveyance restrictions imposed by the culvert

crossings and other pipe conveyance features. The entire stormwater management system as a

whole must be designed, implemented, operated, and maintained to meet the conditions for issuance

of Rule 62-330.301, F.A.C., the applicable Volume II, and the operation and maintenance

requirements in section 6.1.4 and Part V of this Volume.

3.2.6 Docks and Piers

Subparagraph 62-330.051(5)(b)4, F.A.C., pertains to the exemption in Section 403.813(1)(b), F.S.

Section 403.813(1)(b)5, F.S., provides that the installation must be, ". . .the sole dock constructed

pursuant to this exemption as measured along the shoreline for a distance of 65 feet, unless the

parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which

case there may be one exempt dock allowed per parcel or lot." This measurement begins where that

portion of the structure (typically the access walkway or end of a marginal dock) connects to the

shoreline (the landward extent of wetlands and other surface waters). From that point, there must

be a minimum of 65 feet along the shoreline of the parcel or lot before reaching the point where

the next access walkway or marginal dock connects to the shoreline of the same parcel or lot. The

only exception is if the parcel of land or individual platted lot has less than 65 feet of shoreline. All

waterward components of the dock (such as “T” ends, terminal platforms, walkways, finger piers,

and boat shelters) must be separated from the waterward components of any other docks on the

parcel or lot such that the docks cannot be reasonably be considered one structure. That test is met

if there is enough separation between the docks that a person cannot access the next dock through

more than extraordinary means (such as having to take a “running leap” or having to place

temporary or permanent planks between the docks).

Applicants are advised that in addition to compliance with the regulatory exemption criteria, docks

and piers located on state-owned submerged lands (SSL) are subject to the need to obtain a separate

authorization, which will include consideration of such things as proximity and setbacks to riparian

rights lines, the size of terminal platforms in aquatic preserves, whether the dock or pier includes

any non-water dependent uses or activities, the total amount of preemption of state-owned

submerged lands, the number of boat slips, the sufficient upland interest of the riparian upland

owners, and any income-producing, revenue-generating uses of the dock or pier and associated

uplands. See Chapters 18-18, 18-20, and 18-21, F.A.C., for additional information.

3.2.7 Other Exemptions

(a) Section 403.813(1), F.S., provides that no permit shall be required for certain activities under

Chapters 373 and 403, F.S. These exemptions are listed in Rule 62-330.051, F.A.C.

(b) DEP has established additional exemptions by rule for minor activities that have been

determined to have no more than minimal individual and cumulative impacts. They are

contained in Rule 62-330.051, F.A.C.

(c) Section 373.406(6), F.S., provides that “Any district or the department may exempt from

regulation under this part those activities that the district or department determines will have

only minimal or insignificant individual or cumulative adverse impacts on the water resources

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of the district.” The Agencies are authorized to determine, on a case-by-case basis, whether a

specific activity comes within this exemption. Requests to qualify for this exemption shall be

submitted in writing to the applicable Agency, and such activities shall not commence without

a written determination from the Agency confirming qualification for the exemption. These

are known as “de minimis” exemptions.

Applicants and permittees are advised that dewatering during construction may require a separate

consumptive use permit from the applicable District, and potentially an NPDES permit.

3.3 Permits Required

Rule 62-330.020, F.A.C., describes activities that require a permit. The types of permits available

are general permits, individual permits (which include mitigation bank permits), and conceptual

approval permits. These are described below.

3.3.1 General Permits

General permits authorize activities specified in Rules 62-330.410 through 62-330.635, F.A.C.

To qualify, a person must submit notice to the Agency of intent to use a general permit following

Rule 62-330.402, F.A.C., and section 4.2.2 of this Volume. Activities that comply with all the

general conditions of Rule 62-330.405, F.A.C., and the specific limitations and conditions for the

particular general permit may be initiated 30 days after the Agency receives the notice, unless:

(a) The Agency responds within 30 days after receiving the notice that the activity does not

qualify for the general permit, or that additional information is needed to determine if the

activity qualifies for the general permit; or

(b) The conditions of the general permit require written verification from the Agency prior to

initiating the activities.

Notices to use a general permit are not circulated to other parties for comment.

As discussed in section 3.1.3, above, the “10/2” general permit in Section 403.814(12), F.S., is not

a general permit under Chapter 62-330, F.A.C.

3.3.2 Individual Permits

Except where a conceptual approval permit is sought, an individual permit under Rules 62-330.020

and 62-330.054, F.A.C., is required prior to the construction, alteration, operation, maintenance

(excluding routine custodial maintenance), abandonment, or removal of projects that:

(a) Are not exempt in accordance with Rule 62-330.051 or 62-330.0511, F.A.C.;

(b) Exceed the permitting thresholds in subsection 62-330.020(2), F.A.C.;

(c) Do not qualify for a general permit under Rules 62-330.410 through 62-330.635, F.A.C.;

and

(d) Do not qualify for the general permit in Section 403.814(12), F.S.

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A mitigation bank permit is processed and evaluated as a type of individual permit, but also is

processed and evaluated under the Mitigation Bank Permit rule, Chapter 62-342, F.A.C.

A conceptual approval permit is not a type of individual permit, but is processed in the same manner

as an individual permit. It is evaluated under Rule 62-330.055 or 62-330.056, F.A.C., as applicable,

the conditions for issuance in Rules 62-330.301 and 62-330.302, F.A.C., and the Applicant’s

Handbook Additional information on conceptual approval permits is contained in section 3.4,

below.

Applications for individual permits undergo detailed site review and consideration of comments

received during processing. Except as provided in Rule 62-330.054(4), F.A.C., an application for

an individual permit shall be prepared and submitted following Rule 62-330.060, F.A.C., and

sections 4.2.3 and 4.4 below, and processed following Rule 62-330.090, F.A.C., and section 5.5,

below.

3.3.2.1 Dry Storage Facilities

An individual permit is required for the construction, alteration, operation, maintenance,

abandonment, or removal of any dry storage facility for 10 or more vessels that is functionally

associated with a boat launching area, including when the dry storage facility does not involve any

work within the landward extent of wetlands and other surface waters (see Section 373.4132, F.S.).

Such activities do not qualify for the “10/2” general permit in Section 403.814(12), F.S.

3.3.2.2 Alteration, Maintenance, and Operation

A permit is required prior to the alteration, maintenance (other than routine custodial maintenance),

or operation of an existing project, including those previously constructed in conformance with an

exemption or prior to the existence of state or federal permitting programs, if the alteration or

maintenance does not qualify for an exemption under Rule 62-330.051 or 62-330.0511, F.A.C., a

general permit under Section 403.814(12), F.S., or the grandfathering provisions summarized in

section 3.1.2, above.

“Alter” means “to extend a dam or works beyond maintenance in its original condition, including

changes that may increase or diminish the flow or storage of surface water which may affect the safety

of such dam or works” (see Section 373.403(7), F.S., and paragraph 2.0(a)3., above). Alterations that

are subject to requiring a permit under Chapter 62-330, F.A.C., include:

(a) Addition to an existing system;

(b) Change of any part of an existing activity to capacities or locations different from those

originally constructed; or

(c) Addition of, or changes to an existing project that will result in changes in the rate, volume,

or timing of discharges; the point or points of discharge; increased pollutant loading; or that

intrude into or otherwise adversely affect wetlands or other surface waters by activities such

as rim ditching, draining, filling, or excavation.

“Maintenance,” as defined in Section 373.403(8), F.S., and paragraph 2.0(a)72., above, includes

repairs that exceed routine custodial maintenance, and is subject to the permitting requirements of

Chapter 62-330, F.A.C. Routine custodial maintenance is exempt from permitting as discussed in

section 3.1.1, above.

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Except as provided in Chapter 62-330, F.A.C., or in a permit issued thereunder, the construction

phase of an individual permit must be converted to an operation phase that extends in perpetuity

after construction has been completed in conformance with the terms and conditions of the permit.

The terms “operate” and “operation” are defined in paragraph 2.0(a)81., above. An application to

construct or alter a project also constitutes a request for authorization to operate and maintain the

project. General permits under Rules 62-330.410 through 62-330.635, F.A.C, automatically convert

to the operation and maintenance phase upon completion of construction performed in compliance

with the general permit. Additional information on operation and maintenance of projects is in Rule

62-330.310, F.A.C., and Part V of this Volume.

3.4 Conceptual Approval Permits

A conceptual approval permit is available, but not required, for activities occurring in phases or

over a large land area. Conceptual approval permits are available under Rule 62-330.056, F.A.C.,

for any type of long-term build out other than for redevelopment or infill, and for redevelopment

or infill under Rule 62-330.055, F.A.C. A conceptual approval permit does not authorize

construction, alteration, maintenance, removal, or alteration (a separate individual permit is

required for those activities). However, the first phase of construction can be authorized at the same

time the conceptual approval permit is issued, as discussed below and in Rule 62-330.056, F.A.C.

Construction of redevelopment or infill projects consistent with a conceptual approval permit

issued under Rule 62-330.055, F.A.C., can be authorized through the general permit in Rule 62-

330.450, F.A.C.

3.4.1 Issuance of a conceptual approval permit is a determination that conceptual plans are, within the

extent of detail provided in the application, consistent with applicable rules at the time of issuance.

A conceptual approval permit provides the permit holder with a rebuttable presumption that, during

the duration of the conceptual approval permit, the design and environmental concepts upon which

the conceptual approval permit is based (within the detail provided in the application) will meet

applicable rule criteria for issuance of permits for subsequent phases of the project. This

presumption is rebuttable at the time of receipt of a complete application to construct or operate

future phases, dependent on the factors in subsection 62-330.056(7), F.A.C.

3.4.2 An application for a conceptual approval permit will be reviewed pursuant to the standards, criteria,

and procedures for processing individual permits, together with the provisions of Rule 62-330.055

or 62-330.056, as applicable. The permit, if issued, will contain specific conditions necessary to

ensure that future applications for permits to construct, alter, operate, maintain, remove, or abandon

projects can be issued only if such applications remain consistent with the conceptual approval

permit.

3.4.3 Conceptual Approval for Urban Infill and Redevelopment

(a) A county or municipality may request a conceptual approval permit under Rule 62-

330.055, F.A.C., for redevelopment within an urban redevelopment and infill area or a

community redevelopment area created under Chapter 163, F.S. Projects in compliance

with the redevelopment conceptual approval permit can be constructed, operated, and

maintained under the terms and conditions of the general permit in Rule 62-330.450,

F.A.C.

(b) An application for redevelopment conceptual approval permit must contain a stormwater

master plan developed in coordination with, and approved by, the Agency. The master plan

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must demonstrate that the urban redevelopment or infill project, as a whole, will provide a

net improvement of the quality of stormwater discharge, as determined through a calculated

reduction of annual loading of pollutants of concern as determined during the permit

application review discharged after development, as compared to the predevelopment

condition existing on the date of application for the conceptual permit. For areas that were

demolished prior to the application, the predevelopment condition is considered to be the

land use five years prior to submittal of the application for the conceptual approval permit.

(c) If issued, the urban redevelopment or infill conceptual approval permit will include a ledger

that indicates the target annual loading of the pollutants of concern (mass per acre) for each

drainage basin within the area covered.

(d) A person wishing to construct or alter a project within the urban infill or redevelopment

area may use the general permit in Rule 62-330.450, F.A.C., when the design meets the

terms and conditions of that general permit. The general permit is available to all qualifying

activities within the urban infill or redevelopment conceptual approval permit area.

Construction under the general permit must occur within five years of the date qualification

for its use is verified by the Agency for the specific activity subject to the general permit.

(e) Activities qualifying for the general permits will result in a debit to the master plan ledger

of target pollutant loading within the drainage area affected. Once the entire pollutant load

target is reached for the receiving waters, no more general permits under Rule 62-330.450,

F.A.C., will be available for use under the terms of the issued urban infill or redevelopment

conceptual approval permit. However, this does not preclude issuance of subsequent urban

infill or redevelopment conceptual approval permits for which the general permit would be

available.

3.4.4 The duration of a conceptual approval permit is discussed in section 6.1.5, below.

3.4.5 Modifications of conceptual approval permits and subsequently issued permits for construction,

alteration, operation, maintenance, removal, or abandonment shall be in accordance with Rule 62-

330.315, F.A.C.

3.4.6 Requests to extend the duration of a conceptual approval permit will be reviewed as provided in

Rule 62-330.320, F.A.C.

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4.0 Preparation and Submittal of Applications and Notices

4.1 Pre-application Conference

Applicants are encouraged to have a pre-application phone call, meeting (on-site or in the office), or

other conference with the applicable Agency staff prior to submitting an application or notice. This

should minimize processing steps and potential time delays by assisting the applicant to understand

such things as:

(a) The need for a permit or potential qualification for an exemption or general permit;

(b) Which agency will be responsible for the review of the application or notice;

(c) How to prepare the application or notice, including availability of on-line tools that may assist

in completing it;

(d) Information required by the Agency to evaluate an application or notice, including such things

as wetland delineations, resources that may be affected, surface water data (such as for water

quality, flooding, mean high water, and other surface water elevations), and other hydrologic,

environmental, or water quality data;

(e) Application processing and evaluation procedures;

(f) The need for a pre-application on-site meeting;

(g) Adverse impacts that may prevent the proposed activity from meeting applicable permitting

or review standards and criteria; and

(h) Measures that can be taken to reduce or eliminate adverse impacts, and the appropriateness of

mitigation to offset remaining adverse impacts.

See Appendix A of this Volume for Agency contact information.

4.2 Forms and Submittal Instructions

Where available, applicants are encouraged to use the e-Permitting and electronic portals of the

Agencies to submit most applications and notices as discussed below. Appendix A of this Volume

contains the Internet addresses of the Agencies.

4.2.1 Requesting an Exemption Determination

Except as noted below, notice to the Agency is not required to conduct an activity that qualifies

for an exemption. The following are exceptions where prior notice to the Agency is required before

conducting an exempt activity:

(a) Work proposed under Section 373.406(6), F.S., often called the “de minimis” exemption;

this exemption is used for activities that are expected to have no more than minimal

individual and cumulative impact, but are not authorized under a specific exemption or

general permit adopted by rule. These activities must be reviewed on a case-by-case basis

to determine qualification for the statutory exemption.

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(b) Maintenance dredging within previously dredged portions of natural water bodies within

drainage rights-of-way or drainage easements which have been recorded in the public

records of the county, in accordance with Section 403.813(1)(f), F.S.

(c) The repair, stabilization, paving, or repaving of existing county- or municipally-maintained

roads and the repair or replacement of bridges that are part of the roadway under Section

403.813(1)(t), F.S., as superseded by the exemption in paragraph 62-330.051(4)(e), F.A.C.

(d) Removal by an individual, residential property owner of organic detrital material from

freshwater rivers or lakes that have a natural sand or rocky substrate and that are not located

in an Aquatic Preserve, in accordance with Section 403.813(1)(u), F.S.

(e) The construction, operation, maintenance, alteration, abandonment, or removal of minor

silvicultural surface water management systems under Rule 62-330.0511, F.A.C. The

notice required by this exemption [Form 62-330.0511(1)] must be received by the Agency,

but does not require verification of qualification by the Agency prior to commencement of

the authorized activities.

A request for a written determination of qualification for an exemption shall follow Rule 62-

330.050, F.A.C. Additional information on submitting a notice or letter requesting verification of

an exemption is in section 5.2, below.

Many exempt activities involving certain categories of in-water work qualify for the USACE SPGP

discussed in section 1.3.1.2, above. If the activity does not qualify for the SPGP, a separate USACE

permit may be required. Applicants must apply separately to USACE using the appropriate federal

application form. More information about USACE permitting can be found online in the

Jacksonville District Regulatory Division Sourcebook.

4.2.2 Preparing a Notice of Intent to Use a General Permit

Available general permits, including the specific limitations and conditions that apply to each are

in Rules 62-330.410 through 62-330.635, F.A.C. General conditions applying to all general permits

are in Rule 62-330.405, F.A.C.

Rule 62-330.402, F.A.C., contains the procedures to submit a notice of intent to use a general

permit, and how it will be reviewed by the Agencies. Persons wishing to use a GP must complete

Form 62-330.402(1), “Notice of Intent to Use an Environmental Resource and/or State 404 Program

General Permit.” This form will provide the Agency with information needed to determine if the

requested activity is on state-owned submerged lands and if the activity qualifies for the SPGP (see

section 1.3.1.2, above). The notice must include:

(a) A location map(s) of sufficient detail to allow someone who is unfamiliar with the site to

travel to and locate the specific site of the activity;

(b) Documentation of the person’s real property interest, as described in section 4.2.3(d)

below, over the land upon which the activities subject to the notice will be conducted;

(c) One set of construction plans, drawings, other supporting documents that depict and

describe that the proposed activities qualify for the GP requested; and

(d) The fee required by Rule 62-330.071, F.A.C.

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The notice may be submitted electronically or mailed to the Agency as provided in Rule 62-

330.010, F.A.C. See Appendix A of this Volume for information on who to contact if you have

any questions about whether the proposed activity may qualify for a GP, and section 4.4, below,

for additional information on submitting notices.

Effective July 1, 2012, and amended April 6, 2016, the Florida Legislature established a general

permit in Section 403.814(12), F.S., authorizing certain activities located entirely in uplands having

a total project area of less than 10 acres and less than two acres of impervious surface. This is not

a general permit under Chapter 62-330, F.A.C., and is not subject to the noticing and review

provisions of that chapter. Additional information on that general permit is in section 3.1.3, above.

4.2.3 Preparing an Application for an Individual or Conceptual Approval Permit

Except as provided in Rule 62-330.054(4), F.A.C., applications for individual and conceptual

approval permits must be made on Form 62-330.060(1), “Application for Individual and

Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and

Authorization to Use State-Owned Submerged Lands,” available at:

https://floridadep.gov/water/submerged-lands-environmental-resources-

coordination/content/forms-environmental-resource or from the Internet site or office of any of the

Agencies (see Appendix A of this Volume). It is designed so an applicant will need to complete

only those sections applicable to the type of activity proposed. The form requests site and design

information needed:

• To distribute, process, and evaluate whether the application meets the standards and criteria for

issuance;

• To determine if the requested activity is on state-owned submerged lands, and whether it

qualifies for any applicable authorization to use and occupy those lands; and

• To determine whether the activity qualifies for the SPGP (see section 1.3.1.2, above).

The submitted application must contain one original mailed or an electronic submittal of the

materials requested in the applicable sections of the form, and such other information as is

necessary to provide reasonable assurance that the activities proposed in the application meet the

conditions for issuance under Rule 62-330.301, F.A.C., the additional conditions for issuance under

Rule 62-330.302, F.A.C., and the applicable provisions of the Applicant’s Handbook. Those

materials include:

(a) Location maps of detail to allow someone who is unfamiliar with the site to travel to and

locate the specific site of the activity;

(b) Construction plans, drawings, calculations, and other supporting documents that depict and

describe the proposed activities;

(c) The applicable processing fee in accordance with Rule 62-330.071, F.A.C.;

(d) Documentation of the applicant’s real property interest over the land upon which the

activities subject to the application will be conducted. Interests

in real property typically

are evidenced by:

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1. The applicant being the record title holder.

2. The applicant being the holder of a recorded easement conveying the right to utilize

the property for a purpose consistent with the authorization requested in the permit

application.

3. An entity having the right to exercise the power of eminent domain and

condemnation authority, in which case the permit shall contain a provision that

work cannot begin until proof of ownership is provided to the Agency.

4. An entity having a contract to purchase the real property included in the

application, in which case the permit shall contain a provision that work cannot

begin until proof of ownership is provided to the Agency. The contract to purchase

shall be provided to the Agency (financial terms can be redacted). If the contract

to purchase does not authorize the Agency to access, inspect, and sample the

property, then the applicant shall provide written authorization from the record title

holder to enable staff of the Agency to legally access, inspect, and sample the

property in accordance with section 4.2.3(f) below.

5. An entity that has either obtained or has an application to obtain a permit or other

legal authorization from the Florida Department of Transportation, a Water

Management District, or local government authorizing construction, operation,

and maintenance of parts of the proposed system that will be located on right of

way property.

6. A lessee of the property included in the application, provided at least one of the

following exists:

a. The record title owner is a co-applicant on the application.

b. The applicant provides a copy of a written agreement with a governmental

entity that states that the governmental entity agrees to accept the transfer

of the permit if the lease is revoked, terminated or expires and that the

governmental entity will accept the operation and maintenance phase of

the permit. Documentation must be provided that the governmental entity

has a recorded right of entry agreement or access easement to enter upon

the property for these purposes.

c. The applicant provides a recorded restrictive covenant or other recorded

instrument demonstrating that the record title holder agrees to be

responsible for the permanent operation and maintenance of the system

upon revocation, termination or expiration of the lease.

d. Where the lease is on lands owned by a water management district, the

government of the State of Florida or the United States, the lessee shall:

1] Provide a bond made payable to the Agency in an amount

sufficient to construct the stormwater management system, or

provide other measures suitable for ensuring that the stormwater

management system can be completed, removed, or abandoned in

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the event the lessee, at any time, fails to or cannot complete

construction of the system;

2] Provide an agreement from a person in accordance with Part V of

this Volume who agrees to be responsible for operation and

maintenance of the system in the event the lessee, at any time, fails

to or can no longer operate and maintain the system; or

3] Provide an easement or other legally-binding document from the

landowner or other person with sufficient real property interest in

the lands subject to the application giving the Agency and other

persons who require it, a right of entry for purposes of inspecting

for compliance, monitoring, operating and maintaining, and

completing construction as needed to comply with the permit, if

issued.

7. Alternatives such as a recorded option agreement, a judgment of the court, or a

certificate of title issued by a clerk of the court, that show that the person or entity

has sufficient interest in, or control over, the property to construct, alter, operate,

and maintain the project in accordance with Chapter 62-330, F.A.C. Except when

it cannot reasonably be provided (such as when there is a court determination, or

an inability to locate the record title holder), the recorded documentation shall

indicate that the record title holder agrees to accept responsibility for the permit, is

agreeable to accept the transfer of the permit, and that the Agency has third party

enforcement rights to enforce the terms and conditions of the permit on the

property.

8. Additional persons may be included as co-applicants, provided that one of the

persons listed in 1. through 6., above is included as an applicant.

(e) Applications must be signed by an entity having sufficient real property interest over the

land upon which the activities subject to the application will be conducted as described in

section 4.2.3(d), above. The applicant may designate an agent to provide materials in

support of the application on its behalf. If the applicant is a non-individual entity required

by statute or rule to register with the State of Florida Secretary of State, it must be

registered, and the person signing the application must have the legal authority to bind the

entity with the terms, conditions, and liabilities associated with such application and

subsequent permit, if issued. Further, any such entity must maintain their registration with

the State of Florida Secretary of State for the duration of the permitted activities.

(f) Written authorization from the owner, lessee, or easement holder for staff of the Agency

to enter onto, inspect, and conduct sampling or monitoring of the site that is subject to the

application. If this is not possible, the applicant shall secure other means for staff to access

the site in a manner that prevents trespass, and to demonstrate how the applicant will obtain

approval from the entity having sufficient real property interest over the land subject to the

application to perform the activities proposed prior to undertaking the work.

(g) Where an operating entity described in section 12.3.1 of this Volume will be different from

the permittee, written confirmation is required from the operating entity that they agree to

accept responsibility for operation and maintenance of the activity as set forth in the permit,

as further set forth in section 12.3 of this Volume. Written confirmation is not required if

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the operation and maintenance entity is approved upon issuance of the permit for the

construction phase, or in a permit modification.

(h) Persons requesting to conduct activities on state-owned submerged land must submit

satisfactory evidence of sufficient upland interest in accordance with paragraph 18-

21.004(3)(b), F.A.C. (March 2, 2012), and are advised that necessary consent, lease,

easement, or other form of authorization as required under the authority of Chapter 253

and, as applicable, Chapter 258, F.S., and the rules adopted thereunder, is required prior to

initiating such work. In addition to demonstrating ownership or control in the land as

described above, the applicant also must demonstrate that they have the riparian rights to

the state-owned submerged lands necessary to conduct the proposed activity under

paragraph 18-21.004(3)(b), F.A.C.

For construction of docks and piers when satisfactory evidence of sufficient upland interest

is not fee simple title, the applicant’s interest must cover the entire shoreline of the adjacent

upland fee simple parcel or 65 feet, whichever is less, except as otherwise provided in

paragraph 18-21.004(1)(d), F.A.C.

(i) A separate mangrove alteration or trimming permit under Sections 403.9321 through

403.9333, F.S., is not required when the mangrove trimming or alteration is authorized and

conducted as part of and in conformance with a general or individual environmental

resource permit, or when necessary to construct projects in conformance with an exemption

or general permit under Chapter 62-330, F.A.C.

Submittal of the application is discussed in section 4.4, below.

4.2.3.1 Conceptual Approval Permits

An application for a conceptual approval permit shall be prepared and submitted in the same

manner, and using the same form as an individual permit, as discussed in section 4.2.3., above,

except that the application shall be supplemented with the materials discussed in either Rule 62-

330.055 or 62-330.056, F.A.C., as applicable.

4.2.3.2 Mitigation Bank Permits

An application for a mitigation bank permit shall be prepared and submitted in the same manner,

and using the same form as an individual permit, as discussed in Section 4.2.3., above, except that

the application shall be supplemented with the materials required in Chapter 62-342, F.A.C.

4.3 Processing Fees

Processing fees are required for the Agency to process each permit application, permit modification,

petition, and submittal of requests to determine qualification for a general permit or exemption under

Chapter 62-330, F.A.C. These fees must be submitted as prescribed by Rule 62-330.071, F.A.C.

Additional information on the fees of the Agencies is in Appendix D of this Volume.

Processing fees are non-refundable except for the amount of any fees paid that exceed the amount

specified for the application or notice under review, as specified above.

An application or notice submitted without the fee will not be considered complete; an Agency shall

not be compelled to issue the requested permit, verify qualification for a general permit or

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exemption, or issue the requested petition until the complete processing fee is paid.

Additional information on processing fees associated with applications and notices is in sections

5.3.2, 5.3.3, 5.3.4, 5.5.3.1, 5.5.3.3, 5.5.3.4, 5.5.3.5 and 5.5.3.7, below.

4.4 Submittal of Applications, Notices, and Petitions

All applications, notices, and petitions shall be submitted by mail or via e-permitting (where

available) to the correct office of the applicable Agency (see Appendix A of this Volume), in

accordance with the Operating Agreement or Delegation Agreement between the Agencies [see

subsection 62-330.010(5), F.A.C.], except that:

(a) Submittal of an application or notice for a activity, a portion of which extends beyond the

boundary of more than one District, is subject to Section 373.046(6), F.S. It provides that

the responsible Agency will be determined based on factors such as the amount and

geography of the activity’s land area, the location of the activity’s discharge or discharges,

the type of activity, prior agency history, and the terms and conditions of the Operating

Agreement in effect between the Agencies.

In the case of activities that are the

responsibility of DEP, the Director of the district office or Administrator of the Program

processing the application shall have the authority to take the final agency action on the

entire application.

(b) Applications, notices, and requests for activities that are within the geographic limits of a

local government delegated responsibility for the ERP program under Chapter 62-344,

F.A.C., shall be submitted to that local government or to the Agency in accordance with

the terms of the Delegation Agreement with that local government incorporated by

reference in Chapter 62-113, F.A.C. The text of those agreements may be viewed at

https://floridadep.gov/ogc/ogc/content/operating-agreements.

Paper and electronic copies of applications and notices must be filed during normal business hours

with the Agency. Paper and electronic copies of applications or notices received after 5:00 PM

(local time) of the office to which the submittal is made shall be deemed as filed as of 8:00 AM on

the next regular business day. Electronic applications or notices to the NWFWMD are received at

the District headquarters, which is in the Eastern time zone.

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5.0 Processing of, and Agency Action on, Applications and Notices

5.1 General Procedures

The Agencies are required to follow procedural statutes and rules to review and act on applications

and notices, and to provide rights to the public to object to Agency decisions: Chapter 120, F.S. (Florida

Administrative Procedures Act), Chapters 28-101 through 28-110, F.A.C. (Uniform Rules of

Procedure), and each Agency’s adopted Exceptions to the Uniform Rules of Procedure. Additional

specific provisions for processing applications and notices under Chapter 62-330, F.A.C., are

summarized below.

Except as provided in subsection 62-330.054(4), F.A.C., individual and conceptual approval

permits are processed using Rule 62-330.090, F.A.C., and sections 5.5 through 5.5.5.6, below,

Those sections also address how components of an application that qualify for an exemption or

general permit will be processed when they are included in an application for an individual permit.

5.2 Review of an Exemption Determination Request

Rule 62-330.050, F.A.C., and section 4.2.1 above, describe how the Agencies evaluate whether an

activity qualifies for an exemption. Persons are reminded that, except as noted in section 4.2.1,

above, activities that qualify for an exemption may be conducted without formal review or action

by the Agency.

5.3 Review of Request to Use a General Permit

5.3.1 General permits are granted by rule to authorize construction, operation, maintenance, alteration,

abandonment, or removal of certain minor projects that have been determined to produce no more

than minimal individual and cumulative impacts, provided:

(a) The activity is designed and implemented to meet the specific limits and conditions in the

applicable general permit in Rules 62-330.410 through 62-330.635, F.A.C.

(b) The activity complies with all the general conditions in Rule 62-330.405, F.A.C.; and

(c) The person wishing to use a general permit submits to the Agency a completed Form 62-

330.402(1), “Notice of Intent to Use an Environmental Resource General Permit”, and as

discussed in section 4.2.2, above.

5.3.2 Upon receipt, Agency staff will review the notice form to determine if it provides the information

needed to demonstrate qualification for the general permit, including the processing fee required in

Rule 62-330.071, F.A.C. If it does not qualify or contain all the required information, the Agency

will mail a notification to the person within 30 days of receiving the notice form that the notice

contains errors or omissions, or does not qualify for the requested general permit. If the Agency

does not mail such notification within 30 days of receipt of the original or an amended notice to

use the general permit, the person is authorized to conduct the activity authorized by the general

permit, except where the general permit specifically requires Agency acknowledgement of

qualification prior to proceeding with construction (see the general permits in Rules 62-330.410,

62-330.412, 62-330.417, 62-330.450, 62-330.475, and 62-330.630, F.A.C.)

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5.3.3 The person submitting the notice form will have 60 days from the date of the Agency notification

of non-qualification to correct the errors or deficiencies. An additional notice fee will not be

required if the correct fee was originally submitted and information demonstrating qualification for

the general permit is submitted to the Agency within the 60-day time limit.

5.3.4 If the person decides not to pursue the general permit and instead submits an application for an

individual permit for the activity within 60 days of the Agency’s notification of non-qualification

for the general permit, the Agency will apply the fee submitted for the general permit to the

application fee for the individual permit.

5.3.5 Within three business days of receipt of a general permit notice for general permits under Rule 62-

330.474, 62-330.475, or 62-330.600, F.A.C., the Agency will send a copy of the notice form to the

FWC.

5.3.6 Activities conducted under a general permit are certified to comply with applicable state water

quality standards in Section 401, Public Law 92-500 and 33 USC Section 1341, and constitute a

finding of consistency concurrence with the state's coastal zone management program

5.4 Publishing Notices of Exemptions and General Permits

The Agency will not publish in the newspaper, or require the person requesting qualification for an

exemption or general permit to publish notice of receipt of, or Agency action on, the request. The

Agency shall provide notice of receipt of permit applications, including notices of intent to use

general permits, to persons who have requested to receive such notice within a geographic area in

accordance with Section 373.413(3), F.S. Such notice may be provided by e-mail or regular mail.

An Agency may require the use of an existing online notification system to request and receive

such notices, except where the requestor demonstrates a technical or financial hardship. Such notice

will not be directly provided for notice of receipt or Agency action on exemption verifications

unless they are part of an application for a permit. Any person who requests to inspect public records

will be furnished information in accordance with Section 119.07, F.S.

Persons qualifying for an exemption or general permit are advised that interested parties who

become aware of Agency action verifying or denying use of the exemption or general permit may

have the rights, under Chapter 120, F.S., to petition for an administrative hearing until their point

of entry closes. For this reason, it may be in the best interest of the person proposing the activity to

publish, at its expense, a one-time “Notice of Qualification for an Exemption” or “Notice of

Qualification to Use a General Permit” in a newspaper of general circulation (under Section 50.031,

F.S.) in the county where the activity is located.

5.5 Processing Individual and Conceptual Approval Permit Applications

5.5.1 Initial Receipt

Processing of an individual permit application, including an application for a conceptual approval or

mitigation bank permit, commences upon receipt of the application (see section 4.2.3, above),

submitted as described in Rule 62-330.060, F.A.C., and section 4.4, above.

5.5.2 Distribution of Applications and Notices to the Public Prior to Agency Action

Receipt of the application form 62-330.060(1) by the Agency serves to initiate the application process

for four separate authorizations:

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(a) Application for an environmental resource permit. This will include distribution of all or parts

of the application to interested parties and state agencies who have requested receipt of such

application, or notice of its receipt;

(b) Application for a State 404 Program permit, if the activities will occur within state-assumed

waters regulated under Chapter 62-331, F.A.C. This will include distribution of a public

notice to interested parties, adjacent property owners, the general public, and applicable

state and federal agencies as provided in Chapter 62-331, F.A.C.;

(c) Application for a State Programmatic General Permit (SPGP), if applicable; and

(d) Application to use state-owned submerged lands, when the activities appear to be located on,

or have the potential to be located on, such lands.

5.5.2.1 Distribution to the USACE

As of October 1, 2017, copies of the application form are not forwarded to the USACE. A separate

USACE permit may be required for the activity. If a USACE permit is required and the project does

not qualify for the SPGP, applicants should send a separate application form to the USACE on the

appropriate federal application form. Additional information about federal permitting can be found

online in the Jacksonville District Regulatory Division Sourcebook.

5.5.2.2 Distribution to Other Agencies

The applicable sections of the application will be distributed to certain state agencies with statutory

authority under Florida’s approved Coastal Zone Management Program within five working days of

receipt of the application, including the Florida Fish and Wildlife Conservation Commission (FWC)

and the Department of State, Division of Historical Resources. Those agencies may comment on the

application as it is being processed, and may request additional information be provided to them so

that they may fully evaluate the application. The Agencies shall consider comments that are timely

received in the course of processing the application. As provided by Section 373.428, F.S., these

agencies also may object to issuance of the project under the Coastal Zone Management Act. The

applicant is not responsible for distributing the application to the above commenting agencies, but may

be requested to supply information to them; the applicant is requested to always copy the processing

Agency with any materials supplied to those other agencies in response to information related to the

application.

5.5.2.3 Publishing Notice of Receipt of an Application for an Individual Permit

(a) Upon receipt by the District of an application for an individual permit to construct or alter a

dam, impoundment, reservoir, or appurtenant work, it shall, cause a notice of receipt of the

application to be published in a newspaper having general circulation (meeting the

requirements of Section 50.031, F.S.) within the affected area in accordance with Sections

373.116, F.S., 373.118(3), 373.146, and 373.413(3), F.S. In addition, the District may also

publish such notice on its website.

(b) When DEP processes the application, it may publish notice on its website if DEP determines

that the activities are reasonably expected to result in a heightened public concern or likelihood

of request for administrative proceedings. DEP will base that determination on the size,

potential effect on the environment or the public, potential controversial nature, and the

location of the activities.

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(c) For applications processed by any Agency, the Agency will provide a notice of receipt of an

application to any person who has filed a written request for notification of any pending

applications affecting a designated area. Such notice will contain the name and address of the

applicant; a brief description of the proposed activity, including any mitigation; the location

of the proposed activity, including whether it is located within an Outstanding Florida Water

or aquatic preserve; a map identifying the location of the proposed activity; a depiction of the

proposed activity; a name or number identifying the application and the office where the

application can be inspected; and any other information required by rule. Such persons have

certain rights to comment on or object to applications as they are being processed. Again,

applicants are not responsible for performing this distribution.

Persons who wish to have their names placed on that mailing list may do so by contacting the

local office of the Agency. An Agency may require the use of an existing online notification

system to request and receive such notices, except where the requestor demonstrates a

technical or financial hardship. Pending applications and their current status also may be

viewed at https://floridadep.gov/sec/sec/content/permits-applications-under-review (for

DEP), or at the Internet site of the applicable District.

(d) When noticing is required under Section 253.115, F.S., for activities requiring a lease or

easement in, on, or over state-owned submerged lands, the Agency, as staff to the Board of

Trustees of the Internal Improvement Trust Fund, is required to provide notice of all property

owners within a 500-foot radius of the proposed lease or easement boundary. In such a case,

the applicant will be required to forward to the Agency a list of names and addresses from the

latest county tax assessment roll in mailing label format. In lieu of the Agency providing notice

of application for lease or easement, an applicant may elect to send the notice, provided the

notice is sent by certified mail, with the return-receipt card addressed to DEP or District, as

applicable.

5.5.3 Request for Additional Information

5.5.3.1 Within 30 days of receipt of the application (see section 4.2.3., above) for an individual or conceptual

approval permit, and within 30 days of receipt of any additional information provided by the applicant

in response to the Agency’s timely request for information, the Agency will determine if it contains:

(a) The applicable information requested in Rule 62-330.060, F.A.C., and Sections A through

H, as applicable, of the application;

(b) The fee required in Rule 62-330.071, F.A.C.;

(c) Information or exhibits needed to clearly and legibly depict and describe the proposed

activity, and its location; and

(d) Any other additional information to provide the reasonable assurances needed by the

Agency to determine if the proposed activity meets the conditions for issuance of a permit

in accordance with Rules 62-330.301 and 62-330.302, F.A.C., and the Applicant’s

Handbook, as well as the information that may be required to concurrently process

applications located on state-owned submerged lands in accordance with Rule 62-330.075,

F.A.C. Applications for a conceptual approval permit also will be evaluated for the

information required in either Rule 62-330.055 or 62-330.056, F.A.C., as applicable.

Applications for a mitigation bank permit also will be evaluated for information required

in Chapter 62-342, F.A.C.

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The Agency may request only that information needed to clarify the additional information, or to

answer new questions directly related to the additional information. The request will include citation

to the rule that authorizes the Agency to request information on each item pursuant to Section 373.417,

F.S.

The applicant may voluntarily submit a written waiver of the above 30-day time clock requirement

to allow the Agency additional time to determine if additional information is required; the Agency

is not obligated to accept the waiver or to delay sending the request for additional information.

5.5.3.2 An application will be considered incomplete if it does not include all the above items, or if it

appears to contain conflicts or errors. If an agent completed the application on behalf of the applicant,

the Agency will request any needed information from the agent, and will provide a copy of the request

to the applicant. For purposes of the discussion that follows, the term “applicant” will also refer to the

agent working on behalf of the applicant as identified in the application.

5.5.3.3 The Agency will inform the applicant within 30 days of receipt of the application, or within 30 days

of receipt of additionally received information, whether the proposed activities are exempt from

permitting or qualify for a general permit. Any processing fees received in excess of those required

under Rule 62-330.071, F.A.C., will be refunded.

5.5.3.4 If a project contains a mixture of activities, one or more of which require an individual permit, and

one or more of which are exempt from permitting or qualify for a general permit, all of the proposed

activities will be considered together to be part of the application for an individual permit, and will

be reviewed by the Agency as a whole, unless the applicant specifically requests in writing, prior

to or in conjunction with the submittal of the application for an individual permit, that the Agency

determine which components of the entire application qualify for an exemption or general permit.

In such a case, the applicant must separately pay the processing fee required under Rule 62-330.071,

F.A.C., for the Agency to determine qualification for an exemption, a general permit, or both. If

the application contains more than one type of activity qualifying for an exemption, only one

exemption verification processing fee will be charged in addition to the required permit application

fee, as provided in subsection 62-330.050(6), F.A.C. If the application contains more than one type

of activity qualifying for a general permit, a processing fee shall be charged for each general permit

verification under subsection 62-330.402(2), F.A.C., in addition to the individual permit

application fee.

5.5.3.5 The applicant shall have 90 days from the date the Agency makes a timely request for additional

information to submit that information to the Agency. If an applicant requires more than 90 days

to respond, it must notify the Agency in writing of the circumstances, at which time the application

shall remain in active status for one additional period of up to 90 days. Additional extensions shall

be granted for good cause shown by the applicant. A showing that the applicant is making a diligent

effort to obtain the requested additional information, and that the additional time period is both

reasonable and necessary to supply the information, shall constitute good cause. In such case, a

specified amount of additional time shall be granted at the mutual consent of the Agency and the

applicant. If the applicant chooses not to, or is unable to, respond to the request for additional

information within the above time frames, the application shall be administratively denied without

prejudice. Such denial is not a determination of the merit of an application and does not preclude the

applicant from reapplying at a later time. However, the applicant will not receive a refund of

processing fees submitted, and the Agency will not apply those processing fees to a subsequently

submitted permit application or notice. An applicant who cannot provide requested information within

the above time frames is encouraged to withdraw their application before the Agency takes action to

deny it.

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5.5.3.6 The applicant may submit a written request for an application be deemed complete at any time.

Upon receipt of such request, the Agency will begin processing the application and will take

Agency action to issue or deny the application within 60 days of that date, or within such additional

time as may be provided if the applicant voluntarily waives that time clock.

5.5.3.7 An applicant may voluntarily request the application be withdrawn prior to Agency action if the

applicant does not or cannot provide the requested information or required processing fees within the

above time frames. The applicant will not receive a refund of processing fees, but the Agency will

apply processing fees submitted for such withdrawn application to the processing fee required for

a new application or notice received from the same applicant, for an activity on all or a part of the

same parcel, within 365 days of the date the Agency received the request to withdraw the previous

application.

5.5.4 Staff Evaluation and Agency Action

5.5.4.1 Agency staff will commence the technical review when the application for an individual permit is

complete. Criteria used in the evaluation will include Rules 62-330.075 (if the activity is located on

state-owned submerged lands), 62-330.301 and 62-330.302, F.A.C., Parts II through V of this

Volume, and Volume II, as applicable.

The decision to issue or deny a permit will be based on a determination of whether the reasonable

assurances required in the above rules and the Handbook have been provided, including the

provisions for elimination or reduction of adverse impacts to wetlands and other surface waters, and

a determination of whether mitigation is appropriate to offset those adverse impacts.

5.5.4.2 A permit shall be approved, denied, or subject to a notice of proposed agency action within 60 days

after receipt of the original application, the last item of timely requested additional material, or the

applicant’s written request to begin processing the permit application. By the 60-day deadline, or

prior to the expiration of a timely filed waiver, the Agency will either issue a permit (or a Notice of

Intent to Issue) if the activity meets the criteria in section 5.5.4.1, above, or it will issue a Notice

of Denial (or Notice of Intent to Deny) if the activity does not meet the permitting criteria.

5.5.4.3 If the Agency determines that the applicant has not provided reasonable assurance that the proposed

activity qualifies for issuance of an individual permit, the notice of denial (or notice of intended denial)

will explain the basis for the denial, and what changes, in general terms, if any, would address the

reasons for denial.

5.5.5 Notice of Agency Action

5.5.5.1 A person may request notice of the intended agency action for a specific application.

5.5.5.2 Interested persons, including objectors, may submit information about a proposed activity for Agency

review. For Agency staff to properly evaluate the information, those persons are advised to contact the

Agency within 14 days of notification of the Agency’s receipt of the application if they have questions,

objections, comments, or information regarding the proposed activity. Persons may also request

public records in accordance with Section 119.07, F.S.

5.5.5.3 For applications processed by DEP, it will provide notice of agency action to any person who has

filed a written request to be notified of DEP’s decision to issue or deny the permit, and to persons

who have filed written objections or concerns about the activity. In addition, applicants will be

required to publish, at their expense, a one-time notice of the agency decision in a newspaper of general

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circulation (meeting the requirements of Section 50.031, F.S.) in the county where the activity is

located if DEP determines the proposed activities are reasonably expected to result in a heightened

public concern or likelihood of request for administrative proceedings. DEP will base that

determination on the size, potential effect on the environment or the public, controversial nature, or

location of the activities. DEP will furnish the applicant with the notice that is to be published.

Notwithstanding DEP’s intended agency action, such application shall be denied if the applicant either

fails to publish notice, or fails to provide proof of publication within 30 days of DEP’s issuance of

intended agency action, or within 21 days of the date of publication, whichever occurs sooner. In

addition, DEP may also publish such notice on its website.

5.5.5.4 For applications processed by a District, the District shall provide notice of agency action or intended

agency action to the applicant and to any persons who have requested to receive such notice. The

District shall inform the applicant of the right to publish the Agency decision. The District may also

publish such notice on its website.

5.5.5.5 The Notice of Agency Action, or the permit if there is no prior Notice of Agency Action, will include

a notice of rights under Chapter 120, F.S., explaining the time limit for a person to file a petition for

a formal administrative hearing.

5.5.5.6 Persons who have not been provided with notice of the Agency decision may have the right to

petition for an administrative hearing on the activity under Chapter 120, F.S., until their point of

entry closes. Therefore, even if not required to publish notice of the Agency’s decision, it may be in

the applicant’s best interest to publish, at its own expense, a one-time notice of the Agency’s

decision (or intended decision) in a newspaper of general circulation in the county in which the

activity is located.

5.6 Activities on State-owned Submerged Lands

Permit applications (as well as notices requesting qualification for an exemption or general permit) for

activities on, or having the potential to be located on, state-owned submerged lands are subject to

review by DEP’s Division of State Lands for a title determination. Applicants are not responsible for

obtaining that determination. If a determination is made that the activity is located on state-owned

submerged lands, a separate submerged lands authorization will be required in addition to any required

environmental resource permit. The Agency will determine the form of authorization required, and

whether such authorization can be approved, as part of the review of the application in accordance with

Chapter 253, F.S., and 258, F.S., Chapters 18-18 or 18-20, F.A.C., as applicable, and Chapter 18-21,

F.A.C. Processing of individual permit applications for activities on state-owned submerged lands are

concurrently processed with the applicable state-owned submerged lands authorization, as described

in section 1.3.3 above, Rule 62-330.075, F.A.C., and Section 373.427, F.S. For exemptions and

general permits, the Agency will attempt to provide the state-owned submerged lands authorization at

the same time as the decision to issue, deny, or verify the permit or notice under Chapter 62-330,

F.A.C. If the state-owned submerged lands authorizations require execution of a document, such as a

lease or easement, construction, alteration, maintenance, or removal of the project should not

commence until that document is executed.

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6.0 Duration, Operation, Modification, and Transfer of Permit

6.1 Duration of Permits

6.1.1 General

General, individual, and conceptual approval permits are issued with a specified construction phase,

as provided in Rule 62-330.320, F.A.C. Upon completion of the construction that is compliant with

the terms and conditions of the permit, the permit is then converted to a perpetual operation and

maintenance phase. Conversion is either automatic or requires formal action by the Agency; the

procedures for the conversion are described below and in Rule 62-330.310, F.A.C. A conceptual

approval permit does not authorize construction or operation, but does have an expiration date that

is tied to the issuance of subsequent permits for construction or alteration of the activities that are

consistent with the conceptual approval permit, as discussed in Rule 62-330.055 and 62-330.056,

F.A.C.

6.1.2 Construction Phase Duration

6.1.2.1 General Permits — The construction phase of a general permit is five years and cannot be extended.

If construction activities have not been completed within that five year period, a new notice of intent

to use the applicable general permit must be submitted, as provided in Rule 62-330.402, F.A.C., and

sections 5.3 through 5.3.6, above.

6.1.2.2 Individual Permits — The construction phase of an individual permit typically is five years, but for

good cause, may be authorized for a longer duration at the time of issuance of the permit, as

described below and in subsection 62-330.320(2), F.A.C. An extension may be requested as a

modification to the permit as described in Rule 62-330.315, F.A.C., and sections 6.1.3 and 6.2,

below.

The construction phase of a permit expires on the date indicated in the permit unless an application is

received for an extension of the construction phase prior to expiration of the permit.

If a construction phase is requested for a duration of more than five years, as part of either the initial

application or any subsequent modification, the applicant, in each instance, will be required to

provide reasonable assurance that:

(a) The project cannot reasonably be expected to be completed within five years after

commencement of construction; and

(b) The impacts of the activity, considering its nature, size, and any required mitigation, can

be accurately assessed and offset where appropriate, and the terms of the permit can be met

for the duration of the permit requested.

A mine is an example of a type of project where a construction phase of more than five years is

typically requested; in many cases, mine resources are extracted over a period that may exceed 50

years.

6.1.2.3 A construction phase may include some incidental operation of constructed activities prior to

formal conversion to an operation phase. For example, during construction of a stormwater

management system, rainfall events may occur that will discharge stormwater runoff into the

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system under construction. At such times, the system may be temporarily operated prior to formal

conversion to the operation phase, provided such temporary operation does not violate the

conditions for issuance of a permit in Rule 62-330.301 and 63-330.302, F.A.C. However, such

constructed projects cannot be used for their intended use (such as occupation of a residence,

commencement of business transactions for a business, public use of a road, or occupation of

parking spaces by the general public within a parking lot) until the project, or the portions of the

project that can be operated independently of other portions of the project have been completed and

the Permittee has submitted Form 62-330.310(1) “As-Built Certification and Request for

Conversion to Operation Phase,” in accordance with subparagraph 62-330.350(1)(f)2., F.A.C.,

certifying as to such completion.

6.1.3 Request to Extend the Duration of the Construction Phase after Issuance

After issuance of an individual or conceptual approval permit, but before the expiration date, a

permittee may request the duration of the permit be extended by sending a permit modification

request (electronically or by mail) to the Agency that issued the permit in accordance with Rule 62-

330.315, F.A.C., and section 6.2, below.

If a timely and complete request is received to extend the construction phase of an individual

permit, or the duration of a conceptual approval permit, the existing permit shall remain in full

force and effect until the Agency takes action on the request for extension. If the request is denied,

the permit shall not expire until the last day for requesting review of the Agency order.

6.1.4 Operation and Maintenance Phase

The procedures and requirements for converting a permit from the construction phase to the operation

and maintenance phase are provided in Rule 62-330.310, F.A.C., the general and special limiting

condition in paragraph 62-330.350(1)(g), F.A.C., and sections 12.1 through 12.2 of this Volume.

The operation and maintenance phase of all ERPs lasts in perpetuity.

6.1.5 Conceptual Approval Permits

The duration of conceptual approval permits is:

The maximum duration of a conceptual approval permit, other than for urban infill and

redevelopment, is 20 years, or as otherwise provided in subsection 62-330.056(9), F.A.C.,

provided authorized construction commences within five years of issuance (see subsection 62-

330.056(10), F.A.C.).

The phrases “authorized construction or alteration has begun” in subsection 62-330.056(9),

F.A.C., and “construction commenced” in subsection 62-330.056(10), F.A.C., mean that

substantive work has been initiated in accordance with a general or individual permit authorizing

construction of the project in conformance with the terms and conditions of the conceptual

approval permit. Minor clearing, dredging, or filling with an apparent purpose of keeping the

permit active will not be considered to meet this requirement.

For urban infill and redevelopment — 20 years, as specified in subsection 62-330.055(7), F.A.C.

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6.2 Modification of Permits

The permittee may request a modification to an existing, currently valid individual or conceptual

approval permit in accordance with Rule 62-330.315, F.A.C., and as summarized below. Changes to

activities authorized by a general permit require submittal of a new notice (if the changes result in the

project still qualifying for a general permit), or submittal of a new application for an individual permit

if the changes cause the activity to exceed the limitations and conditions of the general permit.

6.2.1 Applications for modifications are processed as either minor or major in accordance with Rule 62-

330.315, F.A.C., and the following.

(a) Applications for minor modifications, as described in Rule 62-330.315, F.A.C., other than

to modify the permit to reflect a change in ownership or control of the land subject to the

permit as provided in subsection 62-330.340(1), F.A.C., and section 6.3.2.1(a), below, may

be requested electronically or by letter sent to the Agency that processed the permit. The

request must include:

1. Reference to the permittee name and permit number;

2. Contact information for the requestor;

3. A clear statement explaining the nature of the proposed modification

4. Fully dimensioned or scaled drawings reflecting the proposed modification, if

applicable.

(b) A request to transfer a permit or to add co-permittees to a permit is considered a minor

modification, and shall be made in accordance with Rule 62-330.340, F.A.C., and through

use of the “Request to Transfer Environmental Resource Permit and/or State 404 Program”

Form 62-330.340(1).

(c) A request that does not qualify as a minor modification is processed as a major modification

in accordance with subsection 62-330.315(3), F.A.C.

(d) Factors that will be considered in determining whether a modification will cause more than

minor changes under subsection 62-330.315(2), F.A.C., are whether the proposed activity

will:

1. Increase the project area by more than 10 percent or 1 acre, whichever is less,

unless the activities were permitted with stormwater treatment and flood

attenuation capability sufficient to meet the permitting requirements for the

proposed modification, or unless the increase in project area is to a mitigation bank,

in which case any increase in the project area is considered a major modification;

2. Increase proposed impervious and semi-impervious surfaces by more than 10

percent or 0.5 acres, whichever is less, unless the activities were permitted with

stormwater treatment and flood attenuation capability sufficient to meet the

permitting requirements for the proposed modification;

3. Reduce the stormwater treatment or flood attenuation capability of the system,

unless the activities were permitted with stormwater treatment and flood

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attenuation capability sufficient to meet the permitting requirements for the

proposed modification;

4. Result in additional net loss of regulated floodplain storage;

5. Result in additional unmitigated impacts to wetlands or other surface waters,

unless mitigation is not required pursuant to section 10.2.2.1 or 10.2.2.2, below;

6. Result in more than 10 percent or 0.5 acre, whichever is less, of total additional

mitigated impacts to wetlands and other surface waters;

7. Result in any additional impacts within a designated riparian habitat protection

zone;

8. Cause or contribute to water quality violations that were not anticipated in the

issued permit;

9. Reduce the permitted financial responsibility mechanisms, except in accordance

with specific permit conditions that provide for a reduction in such financial

responsibility mechanisms;

10. Result in a net reduction in the area of conservation easement or mitigation within

the area which was previously permitted;

11. Extend the duration of a permit beyond five years from the current permit

expiration date except as otherwise provided in Rule 62-330.320(2), F.A.C.;

12. Require a new site inspection that will require more than minimal staff time to

conduct;

13. Lead to substantially different impacts to the water resources or overall

objectives of the District or Department, unless they lessen the impacts of the

original permit; or

14. Otherwise substantially alter the design of the activities or the permit conditions.

(e) An application for a permit or a request to construct a phase of a project pursuant to Rule

62-330.056, F.A.C., is not a minor modification of the conceptual approval permit.

(f) Requests to use or release mitigation bank credits shall be reviewed as a minor modification

of the relevant mitigation bank permit.

(g) All modification requests must include payment of the processing fee under Rule 62-

330.071, F.A.C.

6.3 Transfers of Permits and Changes in Ownership

6.3.1 General permits

Projects constructed in accordance with the terms and conditions of a general permit are

automatically authorized to be operated and maintained by the permittee and subsequent owners in

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accordance with subsection 62-330.340(1), F.A.C., and do not require a modification request to the

Agency upon change in ownership.

6.3.2 Individual and Conceptual Approval Permits

6.3.2.1 A modification to an individual or conceptual approval permit is required to reflect any sale,

conveyance, or other transfer of ownership or control of the real property, project, or activity covered

by the permit, except for transfer to the operation and maintenance entity approved in the permit.

Ownership must be demonstrated in accordance with sections 4.2.3(d) and (e), above. One of two

procedures below is to be used, depending on whether the permit is in the construction phase or the

operation and maintenance phase and the timing of the request:

(a) Upon transfer of ownership or control of the entire real property, project, or activity covered

by a permit that is in the operation and maintenance phase, transfer of the permit to the new

owner or person in control is automatic if the permittee provides the agency with written

notice within 30 days of the change in ownership or control, except as otherwise provided in

subsection 62-330.340(1), F.A.C.

(b) In all other situations a permit modification must be processed under subsections 62-

330.340(2) through (4), F.A.C.

A request to transfer a portion of a permitted project shall also include a demonstration that either that

portion of the project is capable of functioning independently in compliance with all conditions for

permit issuance, or that the transferee has sufficient legal and ownership interest (such as drainage

easements, cross drainage agreements or other agreements) to allow the transferee to operate and

maintain all other portions of the project when necessary.

6.4 Removal and Abandonment

An owner of any stormwater management system, dam, impoundment, reservoir, appurtenant work,

or works wishing to abandon or remove such project is subject to the provisions of Section 373.426,

F.S.

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7.0 Determinations of the Landward Extent of Wetlands and Other Surface Waters

7.1 Methodology

Determinations of the landward extent of wetlands and other surface waters shall be performed

using Chapter 62-340, F.A.C., as ratified under Section 373.4211, F.S.

Three types of determinations are available:

(a) A formal determination, based on a certified survey, an approximate delineation, or a

combination thereof, as discussed in sections 7.2 through 7.2.9, below;

(b) An informal determination, as discussed in section 7.3, below; and

(c) A delineation, identification, or verification as part of a request for verification of an

exemption, notice of intent to use a general permit, or application for an individual or

conceptual approval permit.

7.1.1 Data Form

Agency staff shall use Form 62-330.201(1), F.A.C., “Chapter 62-340, F.A.C. Data Form,

(December 22, 2020), incorporated by reference in Rule 62-330.201(1), F.A.C., to document

verification of determinations of the landward extent of wetlands and other surface water for notices

and applications for ERP permits and formal or informal determinations of the landward extent of

wetlands and other surface waters. The “Chapter 62-340, F.A.C. Data Form Guide” in Appendix J,

the “62-340, F.A.C. Data Form Instructions”, in Appendix K, and the “Florida Wetland Delineation

Manual”, which is available for download on the Department website, may be used to assist staff

and other environmental professionals in completing the form and performing delineations.

Any time a regulatory agency concludes or determines that an area is a non-wetland surface water,

wetland, or upland at least one data point should be documented, i.e., once a conclusion informally

or formally has been made by the regulatory agency at least one complete data form supporting that

conclusion is required.

The number of data forms required will depend on the size and variability of the site inspection

area. There is no size threshold or maximum number of data forms required for an inspection site.

Reasonable scientific judgement should be used to determine the number of required data forms on

a case by case basis.

(a) For the delineation of the landward extent of wetlands and other surface waters, at least

one delineation data point along the boundary shall be verified and documented by the

regulatory agency during the visual site inspection pursuant to Chapter 62-340.100(1),

F.A.C. Documentation of a delineation data point shall include two data forms; one

representative of the waterward area adjacent to the data point, the other representative of

the landward or upland area adjacent to the data point. The two complete data forms at a

delineation data point will document failure or satisfaction of all methodology criteria

pursuant to Chapter 62-340, F.A.C., and changes in evidence used to determine the

boundary delineation at that point.

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A delineation data point will be documented for each homogeneous boundary within the

site inspection area. If all delineation boundaries on site are homogenous in character, one

data point is sufficient for documentation. One delineation data point representative of

homogeneous boundaries found in other locations throughout the site is sufficient for

documentation.

For purposes of the delineation data point, “homogeneous boundary” means all or part of

a site delineation that is sufficiently similar in current condition to be delineated determine

the landward extent of wetlands and other surface waters with a particular “test(s)” or

interpretation of evidence as contemplated in Chapter 62-340, F.A.C. Characteristics that

distinguish homogeneous boundaries may include, but are not limited to:

1. plant community type,

2. surface water type,

3. hydrologic indicators,

4. soils,

5. alterations to plants, hydrology, or soils,

6. hydrologic isolation or connection to waters of the State, or

7. other current condition expression which separate it from other boundaries

on site.

(b) For identification or conclusions regarding the absence or presence of a non-wetland

surface water, wetland, or upland classification by the regulatory agency within the site

inspection area, at least one data form within homogeneous areas of classification shall be

verified and documented by the regulatory agency during the visual site inspection

pursuant to Chapter 62-340.100(1), F.A.C. Documentation of an identification data point

shall include one data form representative of the area of classification. The data form at an

identification data point will document failure or satisfaction of all methodology criteria

pursuant to Chapter 62-340, F.A.C. and evidence used to determine the upland, wetland,

or non-wetland surface water classification.

An identification data point will be documented for each homogeneous area within the site

inspection area. If all areas on site are homogenous in character, one data point is sufficient

for documentation. One data point representative of homogeneous areas found in other

locations throughout the site is sufficient for documentation.

For purposes of the identification data point, “homogeneous area” means all or part of a

site inspection area that is sufficiently similar in current condition to classify with a

particular “test(s)” or interpretation of evidence as contemplated in Chapter 62-340, F.A.C.

Characteristics that distinguish a homogeneous area may include, but are not limited to:

1. upland classification,

2. wetland classification,

3. non-wetland surface water classification,

4. hydrologic isolation or connection to waters of the State,

5. plant community type,

6. surface water type,

7. hydrologic indicators,

8. soils,

9. alterations to plants, hydrology, or soils, or

10. other current condition expression which separate it from other areas on

site.

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7.2 Formal Determinations

Petitions for formal determinations shall be prepared following the requirements below, and

submitted to the applicable Agency in accordance with the Operating Agreements incorporated by

reference in subsection 62-330.010(5), F.A.C.

7.2.1 Preparation and Submittal of the Petition

The petition shall contain:

(a) One copy of completed Form 62-330.201(2), “Petition for a Formal Determination of the

Landward Extent of Wetlands and Other Surface Waters,” including copies of all items

required by that form; and

(b) The processing fee required in Rule 62-330.071, F.A.C.

(c) The petition shall be submitted to the Agency office that will have permitting responsibility

for the types of activities proposed for the lands subject to the Determination, in accordance

with the Operating Agreements incorporated by reference in Chapter 62-113, F.A.C.

7.2.2 Processing the Petition

(a) Within 30 days of receipt of a petition for a formal determination of the landward extent of

wetlands and other surface waters, and within 30 days of receipt of any additional

information submitted by the petitioner in accordance with this subsection, the Agency

shall notify the petitioner of any additional information which may be necessary to

complete the review of the petition. The applicant may voluntarily submit a written waiver

of the above 30-day time clock requirement to allow the Agency additional time to

determine if additional information is required. The Agency is not obligated to accept the

waiver or to delay sending the request for additional information.

The petitioner shall have 90 days from the date the Agency mails a timely request for

additional information to submit that information to the Agency. If a petitioner requires

more than 90 days in which to respond to a request for additional information, the petitioner

may notify the Agency in writing of the circumstances, at which time the petition shall be

held in active status for one additional period of up to 90 days, if approved by the Agency.

Additional extensions shall be granted by the reviewing Agency for good cause shown by

the petitioner. A showing that the petitioner is making a diligent effort to obtain the

requested additional information shall constitute good cause. Failure of a petitioner to

provide the timely requested information by the applicable deadline shall result in

administrative denial of the petition without prejudice to re-apply.

1. For petitions processed by DEP, it will complete the determination and issue a

notice of intended agency action within 60 days after the petition is deemed

complete. The petitioner shall publish, at its own expense, the notice of proposed

agency action in a newspaper of general circulation in the affected area. The

petitioner shall provide a copy of the proof of publication of the notice of intended

agency action to DEP using the format prescribed in subsection 62-110.106(5),

F.A.C. The Agency shall send the property owner a copy of the Agency

determination if the owner is not the petitioner.

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2. For petitions processed by a District, the District shall complete the determination

and shall issue a notice of intended agency action within 60 days after the petition

is deemed complete. The petitioner may publish, at its own expense, the notice of

proposed agency action in a newspaper of general circulation in the affected area.

If published, the petitioner shall provide a copy of the proof of publication of the

notice of intended agency action to the District. The District shall send the property

owner a copy of the Agency determination if the owner is not the petitioner.

(b) The petition shall be denied if the Agency determines that the materials submitted to the

reviewing agency do not contain all the applicable information required in this subsection,

including if the petitioner does not correctly delineate the landward extent of wetlands and

other surface waters in accordance with Chapter 62-340, F.A.C. The Agency shall

complete the determination and shall issue a notice of intended agency action within 60

days after the petition is deemed complete unless the petitioner provides the reviewing

agency with a written waiver of this time limit. A person requesting a formal determination

may withdraw the petition without prejudice at any point before final agency action.

(c) Sections 120.569 or 120.57, F.S., apply to formal determination decisions made by the

Agency.

(d) Prior to the Agency’s inspection of real property, the petitioner or its agent shall initially

delineate the boundaries of wetlands and other surface waters on the site by flagging the

field locations of wetland and other surface water boundaries (for a certified survey or a

global positioning system [GPS] approximate delineation), or by depicting the extent of

wetlands and other surface waters on the most recent aerials (for an approximate

delineation). Limits of the area to be delineated, whether contained within a single property

or consisting of multiple properties, shall be clearly marked and easily discernable in the

field. This inspection boundary shall be depicted on all aerials and maps clearly identifying

the limits of the inspection for the formal determination. An Agency representative will

then verify the location of the wetland and other surface water boundaries within the

inspection boundary and indicate any necessary adjustments of the petitioner's initial

determination to reflect an accurate delineation. When the real property is less than 10

acres, the petitioner may elect to not pre-flag for verification, in which case the reviewing

Agency will flag the wetland and other surface water boundaries during its inspection of

the site. Verification and documentation of the wetland and other surface water boundaries

by the Agency representative shall be conducted in accordance with Chapter 62-340,

F.A.C., and section 7.1.1(a), above.

(e) A petitioner may request a formal determination in the form of a certified survey, an

approximate delineation, or combinations thereof, as described below.

1. When a certified surveyed delineation of the extent of wetlands and other surface

waters is used, the survey shall be prepared and certified by a Professional

Surveyor and Mapper registered in the State of Florida. The surveyor or the

surveyor's representative shall accompany the Agency representative on the

delineation verification described in section 7.2.2(f), below, and shall have the

surveyor survey the verified boundaries of wetlands and other surface waters. The

certified survey shall include a legal description of, and acreage contained within,

and depict the boundaries of the property for which the determination is sought.

The boundaries of wetlands and other surface waters must be witnessed to the

property boundaries, and shall be capable of being mathematically reproduced

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from the survey. The petitioner must submit to the Agency one electronic copy or

three paper copies of the certified survey, along with one copy of the survey

depicted on aerial photographs to complete the petition.

2. When an approximate delineation is used, it shall consist of a depiction of the

approximate boundary of wetlands and other surface waters produced by using a

GPS, or the boundary of wetlands and other surface waters drawn on rectified

aerial photographs, or a combination thereof. The approximate delineation shall be

subject to the following:

a. A range of variability shall be determined for all depictions of approximate

wetland and other surface water boundaries by comparing a number of

field located flagged points of the delineated wetland and other surface

water points field delineated by GPS, to field located and surveyed

boundary points. The Agency shall determine the number and location of

comparison points using the total linear feet of approximately delineated

wetland and other surface water boundaries such that the total number of

comparison points reflects at least one specific surveyed comparison point

for every 1,000 feet of approximately depicted wetland and other surface

water boundary. No fewer than three comparison points shall be performed

for each approximate delineation. The applicant may request that artificial

waterbodies that were constructed entirely in uplands be excluded from

the linear feet calculation when determining the number of required

comparison points. This exclusion is limited to artificial waterbodies for

which the Agency has confirmed a delineation in accordance with 62-

340.600(2)(d), F.A.C., and that meet the definition in paragraph 2.0(a)10

of this Volume, except when the exclusion would result in an approximate

delineation with less than three comparison points. For GPS approximate

delineations, the petitioner shall provide a survey prepared and certified

by a Professional Surveyor and Mapper registered in the State of Florida,

to show the relationship of surveyed comparison points to the GPS

depicted wetland and other surface water boundaries. The range of

variability shall be the greatest deviation measured at the surveyed

comparison points. An approximate GPS depiction of wetland and other

surface water boundaries cannot be used if the range of variability is equal

to or greater than 25 feet.

b. A range of variability shall be determined for all approximate wetland and

other surface water boundaries hand drawn on aerial photographs by

comparing a number of specific wetland and other surface water boundary

points indicated on the rectified aerial photograph, to field located and

surveyed boundary points. The Agency shall determine the number and

location of comparison points using the total linear feet of approximately

delineated wetland and other surface water boundary such that the total

number of comparison points reflects at least one specific surveyed

comparison point for every 1,000 feet of approximately delineated wetland

and other surface water boundary. No fewer than three comparison points

shall be performed for each approximate delineation. The applicant may

request that artificial waterbodies that were constructed entirely in uplands

be excluded from the linear feet calculation when determining the number

of required comparison points. This exclusion is limited to artificial

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waterbodies for which the Agency has confirmed a delineation in

accordance with 62-340.600(2)(d), F.A.C., and that meet the definition in

paragraph 2.0(a)10 of this Volume, except when the exclusion would

result in an approximate delineation with less than three comparison

points. For approximate wetland and other surface water boundaries hand

drawn on an aerial photograph, the petitioner shall provide a specific

purpose survey prepared and certified by a Professional Surveyor and

Mapper registered in the State of Florida, to show the relationship of

surveyed comparison wetland and other surface water boundary points to

the aerial photo-interpreted wetland and other surface water boundary

points. The range of variability shall be the greatest deviation measured at

the surveyed comparison points. An approximate hand-drawn aerial

photograph delineation method cannot be used if the range of variability

is equal to or greater than 25 feet.

c. A rectified aerial photograph shall serve as the basis for an approximate

delineation hand-drawn on aerial photographs only when the boundaries

of wetlands and other surface waters are accurately depicted on the aerial

photograph by the clear expression of vegetative or physical signatures of

the vegetative communities as verified by ground-truthing. If a submitted

rectified aerial photograph does not provide a clear expression of

vegetative or physical signatures of the vegetative communities or other

surface water features on the property, or cannot be accurately depicted,

then the landward extent of wetlands and other surface waters shall be

delineated by flagging the boundary, and the formal determination shall

be produced using the procedure for a certified survey described above in

section 7.2.2(e)1; or by depiction of the approximate wetland and other

surface water boundaries field delineated by GPS as described above in

section 7.2.2(e)2.a., or a combination thereof.

d. After any verification and adjustment as required in section 7.2.2(f),

below, the petitioner shall submit one copy of the following to complete

the petition: the hand-drawn wetland and other surface water boundaries

on a rectified aerial photograph; or a depiction of the approximate

wetlands and other surface waters field-delineated by GPS on a rectified

aerial photograph, along with one electronic copy or three paper copies of

a survey prepared and certified by a Professional Surveyor and Mapper

registered in the State of Florida, to show the relationship of field located

surveyed comparison points to the approximate field GPS boundary points

or the wetlands and other surface waters boundary drawn on a rectified

aerial photograph.

e. As a condition of an approximate formal determination, when a

subsequent permit application includes regulated activities within 200 feet

of the landward extent of the approximate delineation, the applicant shall

field-establish and flag or stake the exact wetlands and other surface

waters boundaries pursuant to Chapter 62-340, F.A.C., at that location for

verification by the reviewing Agency. The purpose of the flagging or

staking is to identify the line to minimize the potential for unintentional

disturbance of the wetlands or other surface waters. If the regulated

activities are in such proximity to the field-established line that it is

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necessary for the Agency to require the field-established line to be

documented as part of the permit application or formal determination, or

if required as part of accepting a site-protection instrument proposed by

the applicant, the line as field-verified by the reviewing Agency shall be

located by a surveyor or mapper registered in the State of Florida. The

field-established line does not need to be documented when any of the

following exist:

(1) The project will involve dredging or filling of an entire wetland or

other surface water encompassed by the approximate delineation,

and the impact meets the requirements of section 10.2.1 of

Volume I. If only a portion of the wetlands or other surface waters

at that location is proposed for dredging or filling, the need to

stake or flag the field-established line or the proposed limits of

dredging or filling will be determined by the Agency during

processing of the permit application based on factors such as those

in (2) through (3) below.

(2) The precise location of the wetland or other surface water

boundary is not needed to demonstrate compliance with section

10.2.7 of Volume I.

(3) Flagging or staking of the field-established line will not materially

affect whether the project impacts can be determined by relying

on the approximate delineation.

(f) Prior to the Agency’s inspection of the site the petitioner or their agent shall submit to the

reviewing agency a depiction of the delineation of wetlands and other surface waters that

have been flagged (for a certified survey or a global positioning system [GPS] approximate

delineation) or photointerpreted (for an aerial approximate delineation) on the most recent

aerial photographs that depict the property. Verification and documentation of the wetland

and other surface water boundaries by the Agency representative shall be conducted in

accordance with Chapter 62-340, F.A.C., and section 7.1.1(a), above.

(g) Pursuant to Section 373.421, F.S., an issued formal determination of the landward extent

of wetlands and other surface waters is binding only for the limits of wetlands and other

surface waters as defined and delineated under Chapter 62-340, F.A.C.

7.2.3 Duration.

A formal determination shall be binding for five years provided physical conditions on the property

do not change, other than changes that have been authorized by a permit issued under Part IV,

Chapter 373, F.S., so as to alter the boundaries of delineated wetlands or other surface waters during

that period.

7.2.4 Renewal of Determination. A petition for a new formal determination for a property for which a

formal determination issued pursuant to this rule already exists shall qualify for a renewal for an

additional five years, pursuant to Section 373.421, F.S., at a reduced processing fee under Rule 62-

330.071, F.A.C., provided:

(a) Physical conditions on the property have not altered the boundaries of wetlands or other

surface waters during the period of the existing determination, other than changes that have

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been authorized by a permit issued under Part IV of Chapter 373, F.S. Site conditions shall

be documented in accordance with section 7.1.1(a), above;

(b) The petition is submitted within 60 days prior to the expiration of the existing

determination; and

(c) The methodology in Chapter 62-340, F.A.C., has not been amended since the previous

formal determination.

7.2.5 Re-issuance of Determination. A petition for a new formal determination for a property for which

a formal determination was previously issued pursuant to this rule but has since expired shall

qualify for a re-issuance for an additional five years at a reduced processing fee under Rule 62-

330.071, F.A.C., provided:

(a) Physical conditions on the property have not altered the boundaries of wetlands or other

surface waters during the period of the former determination, other than changes that have

been authorized by a permit issued under Part IV of Chapter 373, F.S. (Site conditions shall

be documented in accordance with section 7.1.1(a), above);

(b) The petition is submitted within two years of the expiration of the former determination;

and

(c) The methodology in Chapter 62-340, F.A.C., has not been amended since the previous

formal determination.

7.2.6 Revocation of Determination. The Agency shall revoke a formal determination upon finding that

the petitioner has submitted inaccurate information to the Agency such that a substantially different

delineation of the boundaries of wetlands or other surface waters would have resulted if the correct

information had been submitted (see Section 373.421(4), F.S.).

7.2.7 A formal determination issued to a real property owner or other person who has a legal or equitable

interest in real property may be transferred to a successor in interest to the party who originally

petitioned for the determination. The transfer shall be subject to the existing terms and conditions

of the original determination.

7.2.8 A copy of the issued formal determination, along with the certified survey depicting the approved

wetlands and other surface waters boundaries, shall be sent to the appropriate USACE office and

to DEP or the District, as appropriate.

7.2.9 Where a petition for a formal determination is requested for lands subject to a violation of Part IV

of Chapter 373, F.S., the extent of wetlands and other surface waters will be evaluated as if the

violation or non-compliance issue had not occurred.

7.3 Informal Determinations.

(a) The Agency may issue informal, non-binding pre-application determinations of wetlands

and other surface waters. Such determinations will be performed only as Agency staff time

and resources allow. Applicants are strongly advised to contact Agency staff prior to

requesting an informal determination, as staff resources to perform these determinations

are very limited.

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Informal determinations are provided as a public service, and are available only to the

property owner, an entity that has the power of eminent domain, or any other person who

has a legal or equitable interest in the parcel of property.

(b) A request for an informal determination by the Agency requires payment of the fee in Rule

62-330.071, F.A.C., but:

1. Will be limited to one of the following:

(a) Presence or absence identification of wetlands, non-wetland surface

waters, or uplands. Verification and documentation shall be conducted in

accordance with Chapter 62-340, F.A.C., and section 7.1.1(b), above.

(b) Verification of the landward extent of wetlands and other surface waters

established using Chapter 62-340, F.A.C., and marked in the field prior to

the Agency inspection. Verification and documentation shall be conducted

in accordance with Chapter 62-340, F.A.C., and section 7.1.1(a), above.

2. Is not an application for a permit.

3. Is not subject to the processing review timeframes in Chapter 120 or 373, F.S.

(c) An informal determination by the Agency, if issued:

1. Does not constitute final agency action;

2. Is subject to change, and does not bind the Agency, nor does it convey any legal

rights, expressed or implied. Persons obtaining an informal pre-application

determination are not entitled to rely upon it for purposes of compliance with law

or Agency rules.

(d) An inability of the Agency to perform an informal determination also does not constitute a

default of agency action.

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PART II -- CRITERIA FOR EVALUATION

8.0 Criteria for Evaluation

8.1 Purpose

The criteria explained in this part are those that have been adopted by the Agency in evaluating

applications for individual and conceptual approval permits, with the exception of those individual

permits described in subsection 62-330.054(4), F.A.C. The staff recommendation to approve any

individual or conceptual approval permit application will be based upon a determination of whether

reasonable assurance has been provided that the activity meets the criteria for evaluation, and whether

the applicable permit fee has been submitted. In addition, the staff recommendation to resolve any

violation under Chapter 62-330, F.A.C., also will be based upon a determination of whether reasonable

assurance has been provided that the activity meets the criteria for evaluation in this part.

General permits are pre-issued, and already contain the limitations and criteria that must be met to

qualify to use the specific general permit. Upon receipt of a notice to use a general permit, the

Agency’s review is limited to determining whether the notice complies with the terms and

conditions of the pre-issued permit, in accordance with Chapter 62-330, F.A.C., and whether the

applicable permit fee has been submitted.

8.2 Criteria for Evaluation

8.2.1 To obtain an individual or conceptual approval permit, an applicant must provide reasonable assurance

in accordance with rule 62-330.060, F.A.C., and reasonable assurance that the following standards

contained in Sections 373.042, .413, .414, .416, .426, .429, .4595, F.S., are met:

(a) The construction or alteration of any stormwater management system, dam, impoundment,

reservoir, appurtenant work or works will not be harmful to the water resources of the

District or Department;

(b) The operation or maintenance of any stormwater management system, dam, impoundment,

reservoir, appurtenant work or works will not be inconsistent with the overall objectives of

the District or Department and will not be harmful to the water resources of the District or

Department;

(c) The abandonment or removal of any stormwater management system, dam, impoundment,

reservoir, appurtenant work, or works will not be inconsistent with the overall objectives

of the District or Department; and

(d) Compliance with applicable additional basin criteria will not be inconsistent with the

overall objectives of the District or Department.

8.2.2 All Individual and Conceptual Approval Permits

Generally, to obtain an individual or conceptual approval permit, an applicant must provide reasonable

assurance that the construction, alteration, operation, maintenance, removal, or abandonment of a

project will meet the Conditions for Issuance in Rule 62-330.301, F.A.C., the applicable Additional

Conditions for Issuance in Rule 62-330.302, F.A.C., and the requirements of this Volume, and the

applicable parts of Volume II.

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However, when an activity requires an individual permit solely pursuant to section 1.2.3 of Volume II

for the SJRWMD, the permit application for such activity shall be reviewed and acted upon in

accordance with that section. *When an applicant demonstrates that its designs and plans, including

any supporting information, meet the performance standards of Sections 8.2.3 and 8.3 by performing

the analysis specified in Section 9 and, if applicable, in Volume II or Appendix O of Volume I,

employing the structural best management practices specified therein as needed, and provides the

information required by such sections, the applicant shall have satisfied the conditions for issuance of

rule 62-330.301(1)(e), F.A.C., and rule 62-330.301(3), F.A.C., if applicable, and is entitled to the

presumption of Section 373.4131(3)(b), F.S.

*

8.2.3 Activities Discharging into Waters That Do Not Meet Standards

In instances where an applicant is unable to meet water quality standards because existing ambient

water quality does not meet standards, and the proposed activity will cause or contribute to this existing

condition, mitigation for water quality impacts can consist of water quality enhancement that achieves

a net improvement. In these cases, the applicant must propose and agree to implement mitigation

measures that will cause net improvement of the water quality in the receiving waters for those

contributed parameters that do not meet water quality standards. In addition to meeting the required

performance standards in Section 8.3, the applicant shall also demonstrate that the proposed activity

will provide the said net improvement whereby the pollutant loads discharged from the post-

development condition for the proposed project shall be demonstrated to be less than those discharged

based on the project’s pre-development condition. Such demonstration shall be provided whenever:

(a) a proposed activity is located within a HUC 12 subwatershed containing an impaired water

and the project is located upstream of that impaired waterbody, and

(b) an adjacent HUC 12 subwatershed containing an impaired water that is hydrologically

downstream, either under routine or tidally induced flow conditions, from the proposed

activity’s HUC 12 subwatershed, unless the applicant can demonstrate that the proposed

activity cannot reasonably cause or contribute to the existing downstream HUC 12

subwatershed impairment.

8.3 Stormwater Quality Nutrient Permitting Requirements

Exemptions from these requirements are as set out below and in section 3.1.2(e) of this volume.

For a major permit modification requested for an existing stormwater management system,

permitted before June 28, 2024, where the purpose of the modification is solely to bring the system

into compliance with applicable design and performance criteria that were applicable at the time of

the current permit’s issuance, such modification shall not require the system to comply with the

performance criteria listed in sections 8.3.2 through 8.3.5 of this volume.

The requirements in section 8.3 shall not apply to public transportation projects which have

completed a PD&E Study prior to June 28, 2026, or which are in the design or construction phases,

as defined in FDOT’s Project Development and Environment (PD&E) Manual

2

as of June 28, 2024.

For public transportation projects that have completed a PD&E Study or are in the design or

construction phases, stormwater design and performance criteria in effect prior to June 28, 2024,

*

Future amendments to the portion of section 8.2.2 beginning “When an applicant demonstrates…” and ending “…presumption

of Section 373.4131(3)(b), F.S.” shall become effective only as specified in Section 373.4131(7), F.S. (2024).

2

The Florida Department of Transportation Project Development and Environment (PD&E) Manual (Parts 1 and 2, Topic No.

650-000-001, effective July 1, 2020), serves as the Florida Department of Transportation’s (FDOT’s) standard policies and

procedures for complying with the National Environmental Policy Act (NEPA) of 1969, Title 42 United States Code (U.S.C.) §

4321, et seq., and associated federal and state laws and regulations. Local governments also implement this manual for

transportation projects, either alone or with FDOT.

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shall apply. The requirements of section 8.3 shall apply to public transportation projects

commencing the PD&E study phase, as described in PD&E Manual, after June 28, 2024.

8.3.1 Performance Standard Requirements

*Each applicant shall demonstrate, through modeling or calculations as described in Section 9, that

their proposed stormwater management system is designed to discharge to the required treatment level

based on the performance standards described in Sections 8.3.2 through 8.3.5 below. For the purposes

of this section, annual loading from the proposed project refers to post-development loads before

treatment, as calculated in Section 9 of this volume. Stormwater treatment systems shall be designed

to achieve at least an 80 percent reduction of the average annual post-development total suspended

solids (TSS) load, or 95 percent of the average annual post-development TSS load for those proposed

projects located within a HUC 12 sub-watershed containing an Outstanding Florida Water (OFW) and

located upstream of that OFW. There is a rebuttable presumption that this standard is met when

structural stormwater best management practices (BMPs) are designed to meet the applicable design

standards in Sections 8.3.2 through 8.3.5 below.

*

8.3.2 Minimum Stormwater Treatment Performance Standards for All Sites

Except as described in sections 8.3.4 through 8.3.6 below, all stormwater treatment systems shall

provide a level of treatment sufficient to accomplish the greater of the following nutrient load reduction

criteria:

(a) an 80 percent reduction of the average annual loading of total phosphorus (TP) and a 55

percent reduction in the average annual loading of total nitrogen (TN) from the proposed

project; or

(b) a reduction such that the post-development condition average annual loading of nutrients does

not exceed the predevelopment condition nutrient loading.

8.3.3 Minimum Performance Standards for Outstanding Florida Waters (OFWs)

Stormwater treatment systems located within a HUC 12 subwatershed containing an OFW and located

upstream of that OFW, shall provide a level of treatment sufficient to accomplish the greater of the

following nutrient load reduction criteria:

(a) a 90 percent reduction of the average annual loading of TP and 80 percent reduction in the

average annual loading of TN from the proposed project; or

(b) a reduction such that the post-development condition average annual loading of nutrients does

not exceed the predevelopment condition nutrient loading.

8.3.4 Minimum Performance Standards for Impaired Waters

(a) Stormwater treatment systems located within a HUC 12 subwatershed which contains an

impaired water, and located upstream of that impaired water, shall provide a level of treatment

sufficient to accomplish:

1. an 80 percent reduction of average annual loading of TP and TN from the proposed

project, or a 95 percent reduction of average annual loading of TP and TN from the

proposed project where located within such a HUC 12 subwatershed containing an

OFW and located upstream of that OFW; and

2. a reduction such that the post-development condition average annual loading of

nutrients does not exceed the predevelopment condition nutrient loading; and

*

Future amendments to section 8.3.1 shall become effective only as specified in Section 373.4131(7), F.S. (2024).

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3. *the post-development condition average annual loading, of those pollutants not

meeting water quality standards, that is less than that of the predevelopment

condition.

*

(b) In lieu of the specific requirements of section 8.3.4(a) above, where the stormwater treatment

system is located upstream of and within a HUC 12 subwatershed which contains an impaired

water where basin-specific design and performance criteria for load reductions of nonpoint

sources of stormwater were included in order to achieve an adopted Total Maximum Daily

Load (TMDL), Basin Management Action Plan (BMAP), an approved alternative restoration

plan pursuant to Rule 62-303.600, F.A.C., or other watershed management plan, the applicant

shall provide a level of treatment sufficient to accomplish:

1. the level of treatment for the basin-specific design and performance criteria prescribed

in such TMDL, BMAP, approved alternative restoration plan, or other watershed

management plan; and

2. *the post-development condition average annual loading, of those pollutants not

meeting water quality standards, that is less than that of the predevelopment

condition.

*

For purposes of this Section, the term “basin-specific design and performance criteria” must be specific

to stormwater treatment systems as regulated hereunder and does not refer to general or categorical

TMDL, BMAP, alternative restoration plan, or other watershed management plan loading allocations.

8.3.5 Alternative Performance Standards for Redevelopment

*Stormwater treatment systems serving redevelopment activities shall either meet the requirements of

Sections 8.3.2 through 8.3.4 or provide an alternative level of treatment sufficient to accomplish:

(a) an 80 percent reduction of the post-development average annual loading of TP and a 45

percent reduction of the post-development average annual loading of TN from the project

area; and

(b) for stormwater systems located within a HUC 12 sub-watershed containing an OFW and

located upstream of that OFW, a 90 percent reduction of the post-development average annual

loading of TP and a 60 percent reduction of the post-development average annual loading of

TN from the project area; and

(c) for stormwater treatment systems located within a HUC 12 sub-watershed which contains an

impaired water and located upstream of that impaired water, a level of treatment sufficient to

accomplish a post-development condition average annual loading, of those pollutants not

meeting water quality standards, that is less than that of the predevelopment condition.

*

8.3.6 Exemption from Minimum Performance Standards for Redevelopment

Redevelopment sites that are under one acre may qualify for an exemption from permitting

requirements as described in section 3.2.7 of this handbook and section 373.406(6), F.S. These projects

may qualify for this exemption if the site is not located within a HUC 12 subwatershed containing a

nutrient-impaired water body or OFW and if the site is not upstream of that waterbody. This exemption

only applies to redevelopment sites that also result in reduced impervious surface or reduced pollutant

loading. Requests shall include supporting information that demonstrates the performance standards

cannot be met (such as drainage basins, percolation rates, seasonal high water or mean high tide

elevation for receiving waters, and site area limitations, etc.). Requests shall be submitted in writing

to the applicable Agency and will be reviewed on a case-by-case basis, pursuant to section 373.406(6),

*

Future amendments to section 8.3.4(a)3. shall become effective only as specified in Section 373.4131(7), F.S. (2024).

*

Future amendments to section 8.3.4(b)2. shall become effective only as specified in Section 373.4131(7), F.S. (2024).

*

Future amendments to sections 8.35(a)-(c) shall become effective only as specified in Section 373.4131(7), F.S. (2024).

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F.S. Such activities shall not commence without a written determination from the Agency confirming

qualification for the exemption.

8.4 Additional Criteria

8.4.1 Flood Damage

Activities shall not cause adverse flooding. Information on design and performance standards to avoid

and minimize flood damage is contained in Volume II specific to the geographic area covered by each

District.

8.4.2 Storage and Conveyance

Floodways and floodplains, and levels of flood flows or velocities of adjacent streams, impoundments

or other water courses must not be altered so as to adversely impact the off-site storage and conveyance

capabilities of the water resource. Projects that alter existing conveyance systems (such as by

rerouting an existing ditch) must not adversely affect existing conveyance capabilities. Also, the

applicant shall provide reasonable assurance that proposed velocities are non-erosive or that erosion

control measures (such as riprap and concrete lined channels) are sufficient to safely convey the flow.

Information on design and performance standards to achieve storage and conveyance requirements are

in Volume II specific to the geographic area covered by each District.

8.4.3 Low Flow and Base Flow Maintenance

Flows of adjacent streams, impoundments, or other watercourses must not be decreased so as to cause

adverse impacts. Information on design and performance standards to achieve low flow and base flow

maintenance requirements are contained in Volume II specific to the geographical area covered by

each District.

8.4.4 Mine Stormwater Management Systems Permitted by DEP

Appendix I in this Volume contains additional criteria when a mine pit is to be used as part of a

stormwater management system during mining and reclamation. That Appendix is applicable only

for mines for which DEP has permitting, compliance, and enforcement responsibilities under the

Agency Operating Agreements, but is not applicable to borrow pits. Specific evaluation criteria,

including pre-treatment of stormwater runoff prior to stormwater entering the mine excavation area

(mine pit) is needed to provide reasonable assurance that water quantity and quality requirements

under Chapter 62-330, F.A.C., are met. The applicant for such a system is strongly encouraged to

contact the Department’s Mining and Mitigation staff to arrange a pre-application review meeting

to discuss project design and monitoring requirements.

8.4.5 Dam Systems

Dam systems are a critical part of Florida’s infrastructure for stormwater and surface water

management. The design and operation standards specified in this Volume and in the Volume II

for each District are critical to manage water quality and quantity effectively and safely. These

standards are intended to reduce the risk of dam and appurtenant structure failure and improper

operation, and consequences from flooding that would cause loss of human life or adverse impacts

on economic, environmental, or lifeline interests, or other concerns, such as water quality

degradation.

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Appendix L, Additional Criteria for Dam Systems, in this Volume contains four permitting criteria

that apply when the proposed activity is for construction of a new dam or alteration of an existing

dam, as defined in paragraph 2.0(a)27. in this Volume and meets the dam thresholds specified in

the applicable Volume II. This appendix does not apply to a levee or levee system, as defined in

paragraphs 2.0(a)66. and 67., respectively, in this Volume. These criteria are intended to reduce

potential damage from floods, to reduce degradation of water resources from uncontrolled releases

of stormwater, and to otherwise promote the safety of dams regulated under Chapter 62-330, F.A.C.

The four criteria require the applicant to: 1) provide dam system information for collection in a

repository maintained by the Department, 2) establish a Downstream Hazard Potential that

indicates the potential adverse impact on the downstream areas should the dam or its appurtenant

structures fail or be mis-operated, 3) develop an Emergency Action Plan for the owner of a High

Hazard Potential or Significant Hazard Potential dam, and 4) provide a Condition Assessment

Report for each existing High Hazard Potential or Significant Hazard Potential dam. These criteria

and their requirements are described in detail in Appendix L.

8.4.6 Oil and Grease Control

Outlet structures from areas with greater than 50 percent impervious and semi-impervious area or

from systems that receive runoff from directly connected impervious areas that are subject to

vehicular traffic shall include a baffle, skimmer, grease trap or other mechanism suitable for

preventing oil and grease from leaving the stormwater treatment system in concentrations that

would cause a violation of applicable water quality standards for ground or surface waters of the

state. Designs must ensure clearance is provided as needed, between the skimmer and outlet

structure or pond bottom, to ensure that the hydraulic capacity of the structure is not affected.

8.4.7 Hazardous or Toxic Substances

Systems serving a land use or activity that produces or stores hazardous or toxic substances shall

be designed to prevent exposure of such materials to rainfall and runoff to ensure that contact

stormwater does not become contaminated by such materials. Stormwater treatment systems shall

not result in violations of water quality standards for ground or surface waters of the state.

8.5 State Water Quality Standards

8.5.1 Surface Water Quality Standards

State surface water quality standards are set forth in Chapters 62-4 and 62-302, F.A.C., including

the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), 62-4.242(2) and (3), F.A.C.,

and Rule 62-302.300, F.A.C., and the special standards for Outstanding Florida Waters and

Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.

8.5.2 Additional Permitting Requirements to Protect Ground Water

State water quality standards for ground water are set forth in Chapter 62-520, F.A.C. In addition

to the minimum criteria, Class G-I and G-II ground water must meet primary and secondary

drinking water quality standards for public water systems, which are established pursuant to the

Florida Safe Drinking Water Act, Sections 403.850 through 403.864, F.S., and are listed in Rules

62-550.310 and 62-550.320, F.A.C.

Only the minimum criteria for ground water under rule 62-520.400, F.A.C., shall apply within an

applicable zone of discharge, as determined in Chapter 62-520, F.A.C.

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8-7

Pursuant to rule 62-555.312, F.A.C., stormwater retention and detention systems are classified as

moderate sanitary hazards with respect to public and private drinking water wells. Stormwater

treatment facilities shall not be sited or constructed within the setback distances for existing water

supply wells as specified in accordance with Chapter 62-532, F.A.C.

To ensure protection of ground water quality, all stormwater treatment systems shall be designed and

constructed to:

1. Ensure adequate treatment of stormwater so that a stormwater management system shall not

result in a violation of ground water standards, outside an applicable Zone of Discharge, as

determined in accordance with Chapter 62-520, F.A.C.; and

2. Avoid breaching an aquitard that would result in direct mixing of untreated water between

surface water and an underground source of drinking water. Where an aquitard is not present,

the depth of the stormwater treatment system shall be limited to prevent any excavation within

three (3) feet of an underlying limestone formation which is part of a underground source of

drinking water, as defined in Chapter 62-528, F.A.C.

8.5.3 How Standards are Applied

The quality of waters discharged to receiving waters is presumed to meet the surface water quality

standards in Chapter 62-302, F.A.C., and Rule 62-4.242 and 62-4.244, F.A.C., and the ground water

standards in Chapter 62-520, F.A.C., if a project is permitted, constructed, operated, and maintained

in accordance with Chapter 62-330, F.A.C., this Volume, and the applicable parts of Volume II.

A.H. Volume I June 28, 2024

9-1

9.0 Stormwater Quality Treatment Evaluations

9.1 Calculating Required Nutrient Load Reduction

*Applicants are required to provide nutrient load reduction calculations in their application. To

calculate the required stormwater nutrient load reduction for a project, the applicant should:Error!

Bookmark not defined.

1. Determine whether the site falls within the same HUC 12 sub-watershed as, and is upstream

of, an OFW or impaired water, and select the corresponding performance standard from Section

8.3 of this volume;

2. Determine the pre-development average annual average mass loading of the project area for

both total nitrogen (TN) and total phosphorus (TP) through modeling or as described in Section

9.2;

3. Calculate the project area’s post-development annual average mass loading before treatment

for both TN and TP through modeling or as described in Section 9.2;

4. Determine the percent TN and TP reduction needed as defined within Sections 8.3 and 9.3 of

this volume. The greater percent load reduction will be the requirement for the project; and

5. Determine which BMPs, or other treatment and reduction options, will be used to meet the

required TN and TP load reductions that are equivalent to, or which exceed, the applicable

performance standards in Sections 8.2.3 through 8.3.6. Information on how to calculate nutrient

load reduction for BMP Treatment Train is found in Section 9.5 of this volume.

When an applicant provides reasonable assurance that its modeling, calculations, and applicable

supporting documentation satisfy the provisions described above, the applicant shall have

demonstrated that it meets the performance standards specified under Sections 8.2.3 through 8.3.6

of this volume.

*

9.2 Calculating Nutrient Loading

Applicants shall determine the stormwater annual runoff volume for the corresponding

predevelopment and post-development conditions for the project area, and determine the associated

annual stormwater runoff mass loading for pollutants of interest. Sections 9.2.1 and 9.2.2 below

describe acceptable concentration-based loading calculations; however, the applicant may provide

alternative calculations or modeling results, where those calculations or results provide an

equivalent or greater degree of supporting information and reliability for estimating annual

stormwater runoff mass loading. The annual stormwater mass loading shall be determined for the

project area and any offsite contributing areas as denoted below in Section 9.6.

9.2.1 Calculating Predevelopment and Post-development Hydrology

The applicant shall determine the pre-development and post-development characteristics of the

project area. If the project area encompasses multiple drainage basins or catchments, the applicant

shall determine the predevelopment and post development characteristics for each within the

project area. Calculations for a project’s stormwater runoff and associated Stormwater Quality

*

Future amendments to sections 9.1(1.)-(5.) shall become effective only as specified in Section 373.4131(7), F.S. (2024).

A.H. Volume I June 28, 2024

9-2

Nutrient Permitting Requirements under Section 8.3, and requirements for Activities Discharging

into Water That Do Not Meet Standards under Section 8.2.3, shall address all areas within the

project boundary and, if applicable, the off-site stormwater described in section 9.6 below. For the

purposes of this analysis, estimates of annual runoff volumes shall be performed using the method

described herein or another methodology based on modeling. If modeling is used to determine

hydrology, at a minimum the applicant shall submit the program used, inputs, and outputs. The

methodology to determine the hydrology of the site by hand is outlined in paragraphs a. through f.

below.

a. This Handbook’s methodology provides tabular solutions to a series of calculations for

determining annual runoff volumes for each of the state’s designated meteorological zones as

outlined in Appendix M. Appendix M also lists the individual counties included in each

meteorological zone. Use this table to determine the project’s meteorological zone first, and

then continue to the determination of mean annual runoff associated with the project location.

b. The percent of Directly Connected Impervious Area (DCIA) should be calculated for each land

use type in the project area. DCIA consists of those impervious areas that are directly connected

to the stormwater conveyance system. Impervious areas also are considered to be DCIA if

stormwater from the area occurs as concentrated shallow flow over a short pervious area such

as grass. DCIA is calculated as a percentage of the total development, not as a percentage of

the impervious areas. Non-Directly Connected Impervious Areas (Non-DCIA) include all

pervious areas and portions of impervious areas that flow over at least 10 feet of undisturbed

pervious areas with HSG A or B soils and over at least 20 feet of undisturbed pervious area for

other soil types, unless the applicant demonstrates that a narrower width would provide

sufficient infiltration to disconnect the impervious area by percolating the desired run-off

volume from a 3-year 1-hour storm event.

c. Appendix N provides a summary of calculated mean annual runoff coefficients (ROC value)

as a function of curve number and DCIA for each of the five designated meteorological zones.

The values summarized in Appendix N reflect the average long-term ROC values for each of

the five designated zones over a wide range of DCIA and curve number combinations.

Determine the ROC value for each land use category in a catchment for the project area. Linear

interpolation can be used to estimate annual runoff coefficients for combinations of DCIA and

curve numbers that fall between the values in the Table. For “naturally occurring” undeveloped

conditions, it should be assumed that the percent DCIA is equal to 0.0.

d. This method should be used for each catchment or subarea within the project area to provide

the most accurate runoff volume(s) for treatment within the stormwater management system.

e. To calculate hydrology and pollutant loading from a catchment area in the proposed project

area, applicants may develop a table similar to Table 9.1, or an equivalent accounting method,

to summarize land use information for the project area.

Table 9.1 Example Land Use Categories Matrix to Calculate Loadings

Pre-

development

Total

watershed area

Non-DCIA CN

DCIA

percentage

Calculated

ROC Value

Low Density

Residential

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9-3

Pre-

development

Total

watershed area

Non-DCIA CN

DCIA

percentage

Calculated

ROC Value

Single

Family

Multi-Family

Low

Intensity

Commercial

High

Intensity

Commercial

Light

Industrial

Highway

Natural

Vegetated

Community

Post-

development

Total

watershed area

Non-DCIA CN

DCIA

percentage

Calculated

ROC Value

Low Density

Residential

Single

Family

Multi-Family

Low

Intensity

Commercial

High

Intensity

Commercial

Light

Industrial

Highway

Natural

Vegetated

Community

f. Determine the annual runoff volume. The information contained in Table 9.1 and Appendix N

is used to estimate the Annual Runoff Volume for a given catchment area under either

predevelopment or post-development conditions. The Average Annual Rainfall should be

obtained using the method described in section 9.4. To calculate the Annual Runoff Volume

for the site; the area of the site, average annual rainfall, and the appropriate ROC value are

multiplied. This is shown in equation 9-1:

Equation 9-1

   (. ) =

 ()     ()     (1/12)

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9-4

9.2.2

Calculating Predevelopment and Post-development Stormwater Nutrient Loading

a. To calculate the predevelopment and post development loadings before treatment of the annual

mass loadings for TN and TP, multiply the predevelopment annual runoff volume (derived in

Section 9.2.1) by the land use specific runoff characterization data (event mean concentrations or

EMCs) for TN and TP. Applicants must use the most up-to-date verified EMC values, where

available and incorporated by reference pursuant to rule 62.330.301(4), for their project region.

Applicants also must comply with the applicable special basin or geographic area criteria in rule

62-330.301(1)(k), F.A.C., including any EMC values specified in the applicable Applicant’s

Handbook Volume II. EMC Values are listed in Table 9.2 for different types of land use categories.

EMC values for the land uses must consider cover, soils, and topography and be representative of

the latest assigned Florida Land Use and Cover Classification System (FLUCCS) code.

Table 9.2 Standardized Statewide Stormwater Nutrient EMC Values

Land Use Category

Total N (mg/l)

Total P (mg/l)

Low Density Residential

1.65

0.270

Single Family

1.77

0.327

Multi-Family

1.84

0.520

Low Intensity Commercial

0.93

0.19

High Intensity Commercial

2.40

0.345

Light Industrial

1.20

0.260

Highway

1.25

0.173

Dry Prairie

2.025

0.184

Marl Prairie

0.684

0.012

Mesic Flatwoods

1.087

0.043

Ruderal/Upland Pine

1.694

0.162

Scrubby Flatwoods

1.155

0.027

Upland Hardwood

1.042

0.346

Upland Mixed Forest

0.606

1.166

Wet Flatwoods

1.213

0.021

Wet Prairie

1.095

0.015

Xeric Scrub

1.596

0.156

Rangeland/parkland

1.150

0.055

General Agricultural

2.29

0.381

Pasture

3.03

0.593

Citrus

2.11

0.180

Row Crops

2.50

0.577

b. At the time of the application, an applicant may propose to use TN and TP EMC values accepted

by the Agency which denote EMC values derived from regional or local government studies. Any

study conducted must be submitted with the permit application for the Agency records. If EMC

values from a study are to be used, data collected must follow quality assurance provisions outlined

in chapter 62-160, F.A.C., and include:

• Data collected at a representative variety of rainfall depths;

• Minimum of 10 rainfall events;

• Minimum of one year of data with seasonal variation;

• Use of autosamplers to allow for runoff to be sampled for the duration of the rainfall event;

• Volume or time weighted composite samples;

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9-5

• Sampling occurring at point of discharge upstream of all on-site stormwater treatment;

• Minimum of three or more sites with this land use category depending on the variability of the

land use category;

• Sample locations must be representative of site conditions; and

• Data collected for all land use EMCs for the region.

Additionally, the contributing area to the sample site should represent a single land use type, and

the results of the study should be reasonably consistent with other similar scientific studies and

watershed plans. If this study is intended to be used for more than one site area, then this study will

only be applicable for the region specified by the study area, not to exceed a HUC 8 area.

An applicant may choose to apply a more recent approved study, where adopted by the Department,

to provide EMC values therein incorporated, for use in calculating predevelopment and post

development loadings. In that case, the applicant must demonstrate within the application that the

representative concentrations are applicable to the proposed project area.

c. Determine the average annual mass loading. The average annual mass loading calculation is

provided in Equation 9-2 below.

Equation 9-2

    =     

The components of Equation 9-2 are expressed in different units and require some conversion

factors, as provided below.

   (./)

=    (./)  43,560 2

/  7.48 /3  3.785 /   (/)  1 ./453,592 

9.3 Determination of Required Treatment Efficiency

Predevelopment loadings and post-development loadings before treatment are calculated, and

subsequently compared, based on the average annual loading of TN and TP discharged. Equation

9-3 calculates the treatment efficiency needed so that the post development average annual loading

of nutrients equals the predevelopment nutrient loading:

Equation 9-3: Percent reduction calculation

1 

 

    

× 100

Compare the result from equation 9-3 to the percent reduction required in the applicable paragraph

of Section 8.3. The greater load reduction (the more protective) will be the requirement for the

project. Once the load reduction has been determined, use Equation 9-4 to find the required treated

loading rate for TN and TP for the project.

Equation 9-4: Post development maximum load to meet % treatment required

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9-6

=

(

1  

)

×     

Another method to determine the loading rate required for the project is to use the percent reduction

required in Section 8.3 of this volume in Equation 9-4, where Load Reduction is the percent

reduction expressed as a fraction, then compare the result to the predevelopment loading. If the

resultant loading of Equation 9-4 is less than that of the predevelopment loading, then the percent

reduction required in the applicable paragraph of Section 8.3 must be used in the stormwater

design. If the resultant loading is greater than that of the predevelopment loading, than the applicant

must treat the site to a level that would result in a post development loading equal to or less than

that of the predevelopment loading.

9.4 Rainfall Data

Calculations for the annual average mass loading will use the average annual rainfall data

determined by National Centers for Environmental Information for the site area, as incorporated in

Appendix M, which displays isopleths for the average annual rainfall data.

9.5 Best Management Practices (BMPs) for Stormwater Treatment

Once the pre-development and post-development loadings have been calculated and the required

percent reduction of TN and TP have been established, the stormwater treatment system can be

designed. Stormwater treatment can be achieved in a variety of ways. Best management Practices

(BMPs) are an effective tool for achieving the treatment efficiencies required by Section 8 of this

Volume. The applicant must show that the stormwater treatment system complies with the

hydraulic and hydrologic general design requirements in the applicable AH Volume II. If the

applicant chooses to use a BMP that is not listed in the applicable AH Volume II, Section 9.5.2

below describes the requirements for alternative designs. Methods to determine the treatment

efficiencies of traditional BMPs for stormwater treatment are described in Appendix O.

If the post-development maximum load for TN and TP are met with a single BMP, the applicant

shall complete the design of the stormwater treatment system. If the maximum load is not met, the

applicant shall either modify the selected BMP or incorporate additional BMPs to achieve the

required TN or TP load reductions.

9.5.1 Treatment Train Nutrient Reduction

BMPs can be implemented in combination or in conjunction with one another in a series called a

best management practice treatment train. Where BMPs are used in series, the calculated overall

efficiency of the treatment train must account for the reduced loading or concentrations that are

available for removal by the subsequent downstream treatment device. This relationship is shown

in Equation 9-5. This equation assumes each BMP acts independently of upstream BMPs, and that

upstream BMPs do not impact performance of downstream BMPs. As stormwater pollutant

concentrations are reduced in each BMP in the treatment train, the ability of a downstream BMP in

the treatment train should not be arbitrarily reduced when used in Equation 9-5. The overall design

removal calculations for a BMP treatment train should reflect any objective information where

there is an identifiable causal relationship where a downstream unit treatment efficiency would be

diminished in some manner by the operation of a specific upstream treatment unit. If such a causal

relationship exists where the BMP acts in combination with the upstream BMP, the designer should

consider the use of another methodology to accurately determine the resultant efficiency of the

overall BMP treatment train.

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9-7

Equation 9-5: Overall Treatment Train Efficiency for systems in series

   

= 1 + [(1 – 1) 2]

+ [

{

(1 – 1)  ((1 1)2)

}

 3 ]

 (  )

= 1 

[

(

1 – 1

)

×

(

1 2

)

×

(

1 3

)

× . .. × (1 )

]

Where:

Eff1 = efficiency (as a decimal) of initial treatment system

Eff2 = efficiency (as a decimal) of second treatment system

Eff3 = efficiency (as a decimal) of third treatment system

Effn = efficiency (as a decimal) of the nth treatment system

9.5.2 Alternative Designs

An applicant can propose alternative BMPs not listed in the applicable Volume II or Appendix O

of Volume I. These will be considered by the Agency as alternative designs and evaluated based

on engineering plans, quality assurance plans, representative monitoring data in Florida, and test

results for the specific site conditions of the project. Applicants must provide reasonable assurance

that their proposed alternative designs provide the level of treatment that they claim and that will

achieve the required performance standards from Section 8.3 of this Volume, either by the

alternative design by themself or in conjunction with other BMPs. In determining whether the

alternative design provides this reasonable assurance, the Agency will consider:

(a) Whether the alternative BMP has been tested and reviewed by scientific methods to

substantiate its reported treatment efficiency; and

(b) Whether acceptable provisions have been made to ensure that the system will be effectively

operated and maintained, as described in Section 12 of this volume.

9.5.3 Green Stormwater Infrastructure and Low Impact Design

The Agencies encourage the use of Low Impact Design (LID) approaches, such as Green

Stormwater Infrastructure (GSI), which can be used to supplement or replace traditional stormwater

infrastructure for managing the impacts of rain and stormwater runoff. GSI and LID reduce

pollution and treat stormwater by detaining or retaining rainfall near its source and providing

treatment processes that are similar to natural processes such as localized infiltration, evaporation,

and opportunities for stormwater use, instead of conveying stormwater to a downstream

conventional treatment and discharge system. When applied early in the design process, low impact

design techniques can reduce stormwater runoff volume and pollutants generated from project

areas. Thus, the use of GSI and LID may reduce traditional stormwater treatment BMP size

requirements. GSI and LID, depending on the technology, can also treat stormwater in a manner

similar to a traditional stormwater treatment BMP by treating TN and TP. Typical GSI and LID

features are described in the Applicant’s Handbook Volume II and Appendix O.

9.5.4 Airport Design

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Airport projects that cannot use the General Permit for Construction, Operation, Maintenance,

Alteration, Abandonment or Removal of Airport Airside Stormwater Management Systems, 62–

330.449 FAC, including landside components of airports, may be planned, analyzed, designed,

built, and maintained using the data and methodologies set forth in the Statewide Airport

Stormwater Best Management Practices Manual (April 27, 2016) published by the Florida

Department of Transportation - Aviation Office. The option to use this does not preclude using the

data and methodologies set forth in other sections of this rule. Also, if this option is used, it shall

comply with the nutrient loading criteria contained in Section 8 of this volume and shall use the

latest EMC values available as described in section 9.2.

9.6 Off-site Stormwater

The volume of runoff to be treated from a site shall be determined by the minimum level of

treatment set forth in Section 8 of this Volume; the type of treatment system (e.g., retention, wet

detention, etc.); and the meteorological region (rainfall zone) where the project is proposed. If

stormwater runoff from off-site areas is allowed to co-mingle with on-site runoff, then the effects

of runoff from these off-site areas must be addressed in the load reduction calculations for the

project area, unless the project is exempt from this provision under section 373.413(6), F.S.

9.7 Compensating Stormwater Treatment

The alternative methods below may be used as an alternative to, or in combination with on-site

treatment to meet the required performance standards from Section 8.3 of this Volume. Each of

these methods are designed to furnish the same level of treatment as if the runoff from the entire

project area was captured and treated in accordance with the provisions of this Volume.

The applicant is strongly encouraged to s chedule a pre-application meeting with Agency staff to

discuss the project if these alternatives are being considered. Applicants utilizing these

compensating stormwater treatment methods are still required to meet the water quantity criteria

described in the applicable Volume II, and must provide reasonable assurance through modeling,

other evaluations, or a combination thereof, demonstrating that there will not be localized adverse

impacts to the receiving waterbody or in downstream waters.

9.7.1 Overtreatment

Overtreatment may be used to treat the runoff from the project area that flows to a treatment system

to a higher level than the rule requires to make up for the lack of sufficient treatment for a portion

of the project area. The average treatment efficiency of the treated and untreated areas must meet

the required performance standards from Section 8.3 of this Volume.

9.7.2 Off-site Compensation

Off-site Compensating Stormwater Treatment may be used to provide additional treatment to meet

the required performance standards from Section 8.3 of this Volume. Off-site compensating

stormwater treatment used to meet the requirements of section 8 is ineligible for any water quality

credit in the trading provisions or programs in Chapter 62-306, F.A.C.

The following criteria must be met when using off-site treatment, unless off-site treatment is

explicitly allowed by section 311.106, F.S.:

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9-9

(a) The permittee must have legal authorization over the off-site treatment area in accordance with

sections 1.5.6. and 4.2.3(d) of this volume;

(b) The proposed off-site area must be located within a HUC 12 subwatershed containing the

proposed project, unless the applicant provides justification demonstrating that the proposed

off-site area would provide the same degree of compensating treatment for a common

downstream receiving waterbody without causing or contributing to any localized adverse

impact to any downstream waters. The proposed off-site area must be hydrologically connected

to the same or a downstream waterbody as the proposed project, unless otherwise noted by the

applicable special basin criteria;

(c) The applicant shall use modeling techniques to provide reasonable assurance that the off-site

treatment system provides an equivalent amount of pollutant reductions at the point of

discharge for the project as if all of the treatment was performed on-site; and

(d) Where the operation and maintenance entity does not own the area proposed to be used for off-

site treatment, legal authorization shall be granted to the operation and maintenance entity, as

required in Section 12.4 of this volume, for the area to allow for perpetual operation and

maintenance access to the off-site treatment area.

9.7.3 Regional Stormwater Management Systems

Regional Stormwater Management Systems are designed, constructed, operated, and maintained to

collect convey, store, absorb, inhibit, treat, or harvest stormwater to prevent or reduce flooding,

overdrainage, environmental degradation and water pollution or otherwise affect the quantity and

quality of discharges from multiple parcels and projects within the drainage area served by the

regional system. The term “drainage area” refers to the land or development that is served by or

contributes stormwater to the regional system. Regional systems must be maintained in accordance

with the provisions outlined in section 12 of this volume.

(a) Records of stormwater treatment allocations for parcels and projects must be reported, per

Section 12.6(d) of this volume, and kept by the permit holder of the regional stormwater

system in perpetuity.

(b) Allocations of load reduction due to stormwater treatment must be measured in pounds or

kilograms of pollutant removal.

(c) The regional system shall not allocate more load reduction than its permitted design.

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PART III – ENVIRONMENTAL

10.0 Environmental Considerations

10.1 Wetlands and other surface waters

Wetlands are important components of the water resources in the state because they often serve as

spawning, nursery and feeding habitats for many species of fish and wildlife, and because they often

provide important flood storage, nutrient cycling, detrital production, and recreational and water

quality functions. Other surface waters, such as lakes, ponds, reservoirs, other impoundments, streams,

rivers, and estuaries, also provide such functions and in addition may provide flood conveyance,

navigation, recreation, and water supply functions to the public. Not all wetlands or other surface

waters provide all of these functions, nor do they provide them to the same extent. A wide array of

biological, physical and chemical factors affect the functioning of any wetland or other surface water

community. Maintenance of water quality standards in applicable wetlands and other surface waters is

critical to their ability to provide many of these functions. It is the intent of the Agency that the criteria

in sections 10.2 through 10.3.8, below, be implemented in a manner that achieves a programmatic

goal, and a project permitting goal, of no net loss in wetland or other surface water functions. This goal

shall not include projects that are exempt by statute or rule, or that are authorized by a general permit.

Unless exempted by statute or rule, permits are required for the construction, alteration, operation,

maintenance, abandonment, and removal of projects so that the Agency can conserve the beneficial

functions of these communities. The term “project” includes areas of dredging or filling, as those terms

are defined in Sections 373.403(13) and 373.403(14), F.S.

10.1.1 Environmental Conditions for Issuance

The Agency addresses the conservation of these beneficial functions in the permitting process by

requiring applicants to provide reasonable assurances that the following conditions for issuance of

permits, set forth in Rules 62-330.301 (Conditions for Issuance) and 62-330.302 (Additional

Conditions for Issuance), F.A.C., are met. Applicants must provide reasonable assurance that:

(a) A regulated activity will not adversely impact the value of functions provided to fish and

wildlife and listed species by wetlands and other surface waters [paragraph 62-330.301(1)(d),

F.A.C.];

(b) A regulated activity located in, on, or over wetlands or other surface waters will not be contrary

to the public interest, or if such an activity significantly degrades or is within an Outstanding

Florida Water, that the regulated activity will be clearly in the public interest [subsection 62-

330.302(1), F.A.C.];

(c) A regulated activity will not adversely affect the quality of receiving waters such that the water

quality standards set forth in Chapters 62-4, 62-302, 62-520, and 62-550, F.A.C., including

any antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2)

and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida

Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and

(3), F.A.C., will be violated [paragraph 62-330.301(1)(e), F.A.C.];

(d) A regulated activity located in, adjacent to or in close proximity to Class II waters or located

in waters classified by the Department of Agriculture and Consumer Services as approved,

restricted, conditionally approved, or conditionally restricted for shellfish harvesting will

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comply with the additional criteria in section 10.2.5, of this Volume [paragraph 62-

330.302(1)(c), F.A.C.];

(e) The construction of vertical seawalls in estuaries and lagoons will comply with the additional

criteria in section 10.2.6, of this Volume [paragraph 62-330.302(1)(d), F.A.C.];

(f) A regulated activity will not cause adverse secondary impacts to the water resources

[paragraph 62-330.301(1)(f), F.A.C.]; and

(g) A regulated activity will not cause unacceptable cumulative impacts upon wetlands and other

surface waters [paragraph 62-330.302(1)(b), F.A.C.].

10.2 Environmental Criteria

Compliance with the conditions for issuance in section 10.1.1, above, will be determined through

compliance with the criteria explained in sections 10.2 through 10.3.8, below.

10.2.1 Elimination or Reduction of Impacts

Protection of wetlands and other surface waters is preferred to destruction and mitigation due to the

temporal loss of ecological value and uncertainty regarding the ability to recreate certain functions

associated with these features. The following factors are considered in determining whether an

application will be approved by the Agency: the degree of impact to wetland and other surface water

functions caused by a proposed activity; whether the impact to these functions can be mitigated; and

the practicability of design modifications for the site that could eliminate or reduce impacts to these

functions, including alignment alternatives for a proposed linear system. Design modifications to

reduce or eliminate adverse impacts must be explored, as described in section 10.2.1.1, below. Adverse

impacts remaining after practicable design modifications have been made may be offset by mitigation

as described in sections 10.3 through 10.3.8, below. An applicant may propose mitigation, or the

Agency may suggest mitigation, to offset the adverse impacts caused by regulated activities as

identified in sections 10.2 through 10.2.8.2, below. To receive Agency approval, an activity cannot

cause a net adverse impact on wetland functions and other surface water functions that is not offset by

mitigation.

10.2.1.1 Except as provided in section 10.2.1.2, below, if the proposed activity will result in adverse impacts

to wetland functions and other surface water functions such that it does not meet the requirements of

sections 10.2.2 through 10.2.3.7, below, then the Agency in determining whether to grant or deny a

permit shall consider whether the applicant has implemented practicable design modifications to

reduce or eliminate such adverse impacts.

The term “modification” shall not be construed as including the alternative of not implementing the

activity in some form, nor shall it be construed as requiring a project that is significantly different in

type or function. A proposed modification that is not technically capable of being completed, is not

economically viable, or that adversely affects public safety through the endangerment of lives or

property is not considered “practicable.” A proposed modification need not remove all economic value

of the property in order to be considered not “practicable.” Conversely, a modification need not provide

the highest and best use of the property to be “practicable.” In determining whether a proposed

modification is practicable, consideration shall also be given to the cost of the modification compared

to the environmental benefit it achieves.

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10.2.1.2 The Agency will not require the applicant to implement practicable design modifications to reduce

or eliminate impacts when:

a. The ecological value of the functions provided by the area of wetland or other surface water

to be adversely affected is low, based on a site specific analysis using the factors in section

10.2.2.3, below, and the proposed mitigation will provide greater long term ecological

value than the area of wetland or other surface water to be adversely affected, or

b. The applicant proposes mitigation that implements all or part of a plan that provides regional

ecological value and that provides greater long term ecological value than the area of wetland

or other surface water to be adversely affected.

10.2.1.3 Should such mutual consideration of modification and mitigation not result in a permittable activity,

the Agency must deny the application. Nothing herein shall imply that the Agency may not deny an

application for a permit as submitted or modified, if it fails to meet the conditions for issuance, or

that mitigation must be accepted by the Agency.

10.2.2 Fish, Wildlife, Listed Species and their Habitats

Pursuant to section 10.1.1(a), above, an applicant must provide reasonable assurances that a regulated

activity will not impact the values of wetland and other surface water functions so as to cause adverse

impacts to:

(a) The abundance and diversity of fish, wildlife, listed species, and the bald eagle (Halieaeetus

leucocephalus), which is protected under the Bald and Golden Eagle Protection Act, 16 U.S.C.

668-668d (April 30, 2004); a copy of the Act is in Appendix F; and

(b) The habitat of fish, wildlife, and listed species.

In evaluating whether an applicant has provided reasonable assurances under these provisions, de

minimis effects shall not be considered adverse for the purposes of this section.

As part of the assessment of the impacts of regulated activities upon fish and wildlife, the Agency will

provide a copy of all notices of applications for individual (including conceptual approval) permits that

propose regulated activities in, on, or over wetlands or other surface waters to the Florida Fish and

Wildlife Conservation Commission (FWC) for review and comment, in accordance with Section

20.331(10), F.S. In addition, Agency staff may solicit comments from the FWC regarding other

applications to assist in the assessment of potential impacts to fish and wildlife and their habitats,

particularly with regard to listed species.

The need for a wildlife survey will depend upon the likelihood that the site is used by listed species

and

the bald eagle, considering site characteristics and the range and habitat needs of such species, and

whether the proposed activity will impact that use such that the criteria in sections 10.2.2 through

10.2.2.3 and section 10.2.7, below, will not be met. Survey methodologies employed to inventory the

site must provide reasonable assurances regarding the presence or absence of the subject listed species.

Species-specific wildlife surveys are dependent on seasonality and day/night patterns of animals.

Applicants are encouraged to discuss the proposed survey methodologies with the Agencies prior to

conducting the survey.

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In assessing the likelihood of use of a site by listed species, the sufficiency of proposed survey

methodology, and any information provided as reasonable assurance under this section, the Agency

will consider comments and recommendations received from the FWC, the U.S. Fish and Wildlife

Service, comments from the applicant, and other water-resource related public comments. Scientific

literature, and technical assistance documents such as the “Florida Wildlife Conservation Guide” at:

myfwc.com/conservation/value/fwcg/ (2011), management plans, recovery plans, and habitat and

conservation guidelines also will be considered.

10.2.2.1 Compliance with sections 10.2.2 through 10.2.3.7 and 10.2.5 through 10.3.8, below, will not be

required for regulated activities in isolated wetlands less than one half acre in size, unless:

(a) The wetland is used by endangered or threatened species;

(b) The wetland is located in an area of critical state concern designated pursuant to Chapter 380,

F.S.;

(c) The wetland is connected by standing or flowing surface water at seasonal high water level to

one or more wetlands, and the combined wetland acreage so connected is greater than one half

acre; or

(d) The Agency establishes that the wetland to be impacted is, or several such isolated wetlands

to be impacted are cumulatively, of more than minimal value to fish and wildlife.

10.2.2.2 Alterations in wholly-owned ponds that were entirely constructed in uplands and that are less than

one acre in area and alterations in drainage ditches that were constructed in uplands will not be required

to comply with the provisions of sections 10.2.2 through 10.2.2.3, 10.2.3 through 10.2.3.7, and

10.2.5 through 10.3.8 below, unless those ponds or ditches provide significant habitat for endangered

or threatened species. This means that, except in cases where those ponds or ditches provide significant

habitat for endangered or threatened species, the only environmental criteria that will apply to those

ponds or ditches are those included in sections 10.2.2.4 and 10.2.4 through 10.2.4.5, below. This

provision shall only apply to those ponds and ditches that did not require a permit under Part IV,

Chapter 373, F.S., or that were constructed for purposes other than mitigation pursuant to a permit

under Part IV, Chapter 373, F.S. This provision does not apply to ditches constructed to divert natural

stream flow.

10.2.2.3 The assessment of impacts expected as a result of proposed activities on the values of functions will

be based on a review of scientific literature, ecologic and hydrologic information, and field inspection.

When assessing the value of functions that any wetland or other surface water provides to fish, wildlife,

and listed species, the factors that the Agency will consider are:

(a) Condition – this factor addresses whether the wetland or other surface water is in a high quality

state or has been the subject of past alterations in hydrology, water quality, or vegetative

composition. However, areas impacted by activities in violation of an Agency rule, order, or

permit adopted or issued pursuant to Chapter 373, F.S., or Part VIII of Chapter 403, F.S. (1984

Supp.) as amended, will be evaluated as if the activity had not occurred;

(b) Hydrologic connection – this factor addresses the nature and degree of off-site connection,

which may provide benefits to off-site water resources through detrital export, base flow

maintenance, water quality enhancement or the provision of nursery habitat;

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(c) Uniqueness – this factor addresses the relative rarity of the wetland or other surface water and

its floral and faunal components in relation to the surrounding regional landscape;

(d) Location – this factor addresses the location of the wetland or other surface water in relation

to its surroundings. In making this assessment, the Agency will consult reference materials

such as the Florida Natural Areas Inventory, Comprehensive Plans, and maps created by

governmental agencies identifying land with high ecological values; and

(e) Fish and wildlife utilization – this factor addresses use of the wetland or other surface water

for resting, feeding, breeding, nesting or denning by fish and wildlife, particularly those that

are listed species.

10.2.2.4 Water Quantity Impacts to Wetlands and Other Surface Waters

Pursuant to section 10.1.1(a), above, an applicant must provide reasonable assurance that the regulated

activity will not change the hydroperiod of a wetland or other surface water, so as to adversely affect

wetland functions or other surface water functions as follows:

(a) Whenever portions of a system, such as constructed basins, structures, stormwater ponds,

canals, and ditches, could have the effect of reducing the depth, duration or frequency of

inundation or saturation in a wetland or other surface water, the applicant must perform an

analysis of the drawdown in water levels or diversion of water flows resulting from such

activities and provide reasonable assurance that these drawdowns or diversions will not

adversely impact the functions that wetlands and other surface waters provide to fish and

wildlife and listed species;

(b) Increasing the depth, duration, or frequency of inundation through changing the rate or method

of discharge of water to wetlands or other surface waters or by impounding water in wetlands

or other surface waters must also be addressed to prevent adverse effects to functions that

wetlands and other surface waters provide to fish and wildlife and listed species. Different

types of wetlands respond differently to increased depth, duration, or frequency of inundation.

Therefore, the applicant must provide reasonable assurance that activities that have the

potential to increase discharge or water levels will not adversely affect the functioning of the

specific wetland or other surface water subject to the increased discharge or water level; and

(c) Whenever portions of an activity could have the effect of altering water levels in wetlands or

other surface waters, applicants shall be required to either: monitor the wetland or other

surface waters to demonstrate that such alteration has not resulted in adverse impacts; or

modify the activity to prevent adverse impacts. Monitoring parameters, methods, schedules,

and reporting requirements shall be specified in permit conditions.

10.2.3 Public Interest Test

In determining whether a regulated activity located in, on, or over wetlands or other surface waters is

not contrary to the public interest, or if such an activity significantly degrades or is within an

Outstanding Florida Water, that the regulated activity is clearly in the public interest, the Agency shall

consider and balance, and an applicant must address, the following criteria:

(a) Whether the regulated activity will adversely affect the public health, safety, or welfare or the

property of others (subparagraph 62-330.302(1)(a)1, F.A.C.);

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(b) Whether the regulated activity will adversely affect the conservation of fish and wildlife,

including endangered or threatened species, or their habitats (subparagraph 62-

330.302(1)(a)2, F.A.C.);

(c) Whether the regulated activity will adversely affect navigation or the flow of water or cause

harmful erosion or shoaling (subparagraph 62-330.302(1)(a)3, F.A.C.);

(d) Whether the regulated activity will adversely affect the fishing or recreational values or marine

productivity in the vicinity of the activity (subparagraph 62-330.302(1)(a)4, F.A.C.);

(e) Whether the regulated activity will be of a temporary or permanent nature (subparagraph 62-

330.302(1)(a)5, F.A.C.);

(f) Whether the regulated activity will adversely affect or will enhance significant historical and

archaeological resources under the provisions of Section 267.061, F.S. (subparagraph 62-

330.302(1)(a)6, F.A.C.); and

(g) The current condition and relative value of functions being performed by areas affected by the

proposed regulated activity (subparagraph 62-330.302(1)(a)7, F.A.C.).

10.2.3.1 Public Health, Safety, or Welfare or the Property of Others

In reviewing and balancing the criterion regarding public health, safety, welfare and the property of

others in section 10.2.3(a), above, the Agency will evaluate whether the regulated activity located in,

on, or over wetlands or other surface waters will cause:

(a) An environmental hazard to public health or safety or improvement to public health or safety

with respect to environmental issues. Each applicant must identify potential environmental

public health or safety issues resulting from their project. Examples of these issues include:

mosquito control; proper disposal of solid, hazardous, domestic or industrial waste; aids to

navigation; hurricane preparedness or cleanup; environmental remediation, enhancement or

restoration; and similar environmentally related issues. For example, the installation of

navigational aids may improve public safety and may reduce impacts to public resources;

(b) Impacts to areas classified by the Department of Agriculture and Consumer Services as

approved, conditionally approved, restricted or conditionally restricted for shellfish

harvesting. Activities that would cause closure or a more restrictive classification or

management plan for a shellfish harvesting area would result in a negative factor in the public

interest balance with respect to this criterion;

(c) Flooding or alleviate existing flooding on the property of others. There is at least a neutral

factor in the public interest balance with respect to the potential for causing or alleviating

flooding problems if the applicant meets the water quantity criteria in Part III of Volume II;

and

(d) Environmental impacts to the property of others. For example, construction of a ditch that

lowers the water table such that off-site wetlands or other surface waters would be partly or

fully drained would be an environmental impact to the property of others. The Agency will

not consider impacts to property values.

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10.2.3.2 Fish and Wildlife and their Habitats

The Agency’s public interest review of that portion of a proposed activity in, on, or over wetlands and

other surface waters for impacts to “the conservation of fish and wildlife, including endangered or

threatened species, or their habitats” is encompassed within the required review of the entire activity

under section 10.2.2, above. An applicant must always provide the reasonable assurances required

under section 10.2.2, above.

10.2.3.3 Navigation, Water Flow, Erosion and Shoaling

In reviewing and balancing the criterion on navigation, erosion and shoaling in section 10.2.3(c),

above, the Agency will evaluate whether the regulated activity located in, on or over wetlands or other

surface waters will:

(a) Significantly impede navigability or enhance navigability. The Agency will consider the

current navigational uses of the surface waters and will not speculate on uses that may occur

in the future. Applicants proposing to construct bridges or other traversing works must address

adequate horizontal and vertical clearance for the type of watercraft currently navigating the

surface waters. Applicants proposing to construct docks, piers and other works that extend

into surface waters must address the continued navigability of these waters. An encroachment

into a marked or customarily used navigation channel is an example of a significant

impediment to navigability. Applicants proposing temporary activities in navigable surface

waters, such as the mooring of construction barges, must address measures for clearly marking

the work as a hazard to navigation, including nighttime lighting. The addition of navigational

aids may be beneficial to navigation. If an applicant has a U.S. Coast Guard permit issued

pursuant to 14 U.S.C. Section 81 or 33 C.F.R. Part 62 for a regulated activity in, on or over

wetlands or other surface waters, submittal of this permit with the application may assist the

applicant in addressing this criterion.

(b) Cause or alleviate harmful erosion or shoaling. Applicants proposing activities such as channel

relocation, artificial reefs, construction of jetties, breakwaters, groins, bulkheads and beach

nourishment must address existing and expected erosion or shoaling in the proposed design.

Compliance with erosion control best management practices referenced in Part IV of this

Volume, will be an important consideration in addressing this criterion. Each permit will have

a general condition that requires applicants to utilize appropriate erosion control practices and

to correct any adverse erosion or shoaling resulting from the regulated activities.

(c) Significantly impact or enhance water flow. Applicants must address significant obstructions

to sheet flow by assessing the need for structures that minimize the obstruction such as culverts

or spreader swales in fill areas. Compliance with the water quantity criteria found in section

10.2.2.4, above, shall be an important consideration in addressing this criterion.

10.2.3.4 Fisheries, Recreation, Marine Productivity

In reviewing and balancing the criterion regarding fishing or recreational values and marine

productivity in section 10.2.3(d), above, the Agency will evaluate whether the regulated activity in,

on, or over wetlands or other surface waters will cause:

(a) Adverse effects to sport or commercial fisheries or marine productivity. Examples of activities

that may adversely affect fisheries or marine productivity are the elimination or degradation

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of fish nursery habitat, change in ambient water temperature, change in normal salinity regime,

reduction in detrital export, change in nutrient levels, or other adverse effects on populations

of native aquatic organisms.

(b) Adverse effects or improvements to existing recreational uses of a wetland or other surface

water. Wetlands and other surface waters may provide recreational uses such as boating,

fishing, swimming, waterskiing, hunting, and birdwatching. An example of potential adverse

effects to recreational uses is the construction of a traversing work, such as a road crossing a

waterway, which could impact the current use of the waterway for boating.

10.2.3.5 Temporary or Permanent Nature

When evaluating the other criteria in section 10.2.3, above, the Agency will consider the frequency

and duration of the impacts caused by the proposed activity. Temporary impacts will be considered

less harmful than permanent impacts of the same nature and extent.

10.2.3.6 Historical and Archaeological Resources

In reviewing and balancing the criterion regarding historical and archaeological resources in section

10.2.3(f), above, the Agency will evaluate whether the regulated activity located in, on, or over

wetlands or other surface waters will impact significant historical or archaeological resources. The

applicant must map the location of and characterize the significance of any known historical or

archaeological resources that may be affected by the regulated activity located in, on or over wetlands

or other surface waters. The Agency will provide copies of all individual (including conceptual

approval) permit applications to the Division of Historical Resources of the Department of State and

solicit its comments regarding whether the regulated activity may adversely affect significant historical

and archaeological resources. The applicant will be required to perform an archaeological survey and

to develop and implement a plan as necessary to demarcate and protect the significant historical or

archaeological resources, if such resources are reasonably expected to be impacted by the regulated

activity.

10.2.3.7 Current Condition and Relative Value of Functions

When evaluating other criteria in section 10.2.3, above, the Agency will consider the current

condition and relative value of the functions performed by wetlands and other surface waters

affected by the proposed regulated activity. Wetlands and other surface waters that have had their

hydrology, water quality, or vegetative composition permanently impacted due to past legal

alterations or occurrences, such as infestation with exotic species, usually provide lower habitat

value to fish and wildlife. However, if the wetland or other surface water is currently degraded, but

is still providing some beneficial functions, consideration will be given to whether the regulated

activity will further reduce or eliminate those functions. The Agency will also evaluate the

predicted ability of the wetlands or other surface waters to maintain their current functions as part

of the proposed activity once it is developed. Where previous impacts to a wetland or other surface

water are temporary in nature, consideration will be given to the inherent functions of these areas

relative to seasonal hydrologic changes, and expected vegetative regeneration and projected habitat

functions if the use of the subject property were to remain unchanged. When evaluating impacts to

mitigation sites that have not reached success pursuant to section 10.3.6, below, the Agency shall

consider the functions that the mitigation site was intended to offset, and any additional delay or

reduction in offsetting those functions that may be caused by impacting the mitigation site. Previous

construction or alteration undertaken in violation of Chapter 373, F.S., or Agency rule, order or

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permit will not be considered as having diminished the condition and relative value of a wetland or

other surface water.

10.2.4 Water Quality

Pursuant to section 10.1.1(c), above, an applicant must provide reasonable assurance that the

regulated activity will not cause or contribute to violations of water quality standards in areas where

water quality standards apply.

Reasonable assurances regarding water quality must be provided both for the short term and the long

term, addressing the proposed construction, alteration, operation, maintenance, removal and

abandonment of the project. The following requirements are in addition to the water quality

requirements found in sections 8.2.3 and 8.3 through 8.5 above.

10.2.4.1 Short Term Water Quality Considerations

The applicant must address the short term water quality impacts of a proposed activity, including:

(a) Providing and maintaining turbidity barriers or similar devices for the duration of dewatering

and other construction activities in or adjacent to wetlands or other surface waters;

(b) Stabilizing newly created slopes or surfaces in or adjacent to wetlands and other surface waters

to prevent erosion and turbidity;

(c) Providing proper construction access for barges, boats and equipment to ensure that propeller

dredging and rutting from vehicular traffic does not occur;

(d) Maintaining construction equipment to ensure that oils, greases, gasoline, or other pollutants

are not released into wetlands or other surface waters;

(e) Controlling the discharge from spoil disposal sites; and

(f) Preventing any other discharge or release of pollutants during construction or alteration that

will cause or contribute to water quality standards being violated.

10.2.4.2 Long Term Water Quality Considerations

The applicant must address the long term water quality impacts of a proposed activity, including:

(a) The potential of a constructed or altered water body to cause or contribute to violations of

water quality standards due to its depth or configuration. For example, the depth of water

bodies must be designed to ensure proper mixing so that the water quality standard for

dissolved oxygen will not be violated in the lower levels of the water body, but the depth

should not be so shallow that the bottom sediments are frequently resuspended by boat

activity. Water bodies must be configured to prevent the creation of debris traps or stagnant

areas that could result in violations of water quality standards.

(b) Long term erosion, siltation or propeller dredging that will cause turbidity violations.

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(c) Prevention of any discharge or release of pollutants from the activity that will cause water

quality standards to be violated.

10.2.4.3 Additional Water Quality Considerations for Docking Facilities

Docking facilities, due to their nature, provide potential sources of pollutants to wetlands and other

surface waters. If the proposed work has the potential to adversely affect water quality, an applicant

proposing the construction, expansion or alteration of a docking facility must address the following

factors to provide the required reasonable assurance that water quality standards will not be violated:

(a) Hydrographic information or studies shall be required for docking facilities of greater than ten

boat slips, unless hydrographic information or studies previously conducted in the vicinity of

the facility provide reasonable assurance that the conditions of the water body and the nature

of the proposed activity do not warrant the need for new information or studies. Hydrographic

information or studies also may be required for docking facilities of fewer than ten slips,

dependent upon the site specific features described in section 10.2.4.3(b), below. In all cases,

the design of the hydrographic study, and its complexity, will be dependent upon the specific

project design and the specific features of the project site.

(b) The purpose of the hydrographic information or studies is to document the flushing time (the

time required to reduce the concentration of a conservative pollutant to ten percent of its

original concentration) of the water at the docking facility. This information is used to

determine the likelihood that the facility will accumulate pollutants to the extent that water

quality violations will occur. Generally, a flushing time of less than or equal to four days is

the maximum that is desirable for docking facilities. However, the evaluation of the maximum

desirable flushing time also takes into consideration the size (number of slips) and

configuration of the proposed docking facility; the amplitude and periodicity of the tide; the

geometry of the subject water body; the circulation and flushing of the water body; the quality

of the waters at the project site; the type and nature of the docking facility; the services

provided at the docking facility; and the number and type of other sources of water pollution

in the area.

(c) The level and type of hydrographic information or studies that will be required for the

proposed docking facility will be determined based upon an analysis of site specific

characteristics. As compared to sites that flush in less than four days, sites where the flushing

time is greater than four days generally will require additional, more complex levels of

hydrographic studies or information to determine whether water quality standards can be

expected to be violated by the facility. The degree and complexity of the hydrographic study

will be dependent upon the types of considerations listed in section 10.2.4.3(b), above,

including the potential for the facility, based on its design and location, to add pollutants to

the receiving waters. Types of information that can be required include site-specific

measurements of: waterway geometry, tidal amplitude, the periodicity of forces that drive

water movement at the site, and water tracer studies that document specific circulation

patterns.

(d) The applicant shall document, through hydrographic information or studies, that pollutants

leaving the site of the docking facility will be adequately dispersed in the receiving water body

so as to not cause or contribute to violations of water quality standards based on circulation

patterns and flushing characteristics of the receiving water body.

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(e) In all cases, the hydrographic studies shall be designed to document the hydrographic

characteristics of the project site and surrounding waters. All hydrographic studies must be

based on the factors described in sections (a) through (d), above. An applicant should consult

with the Agency prior to conducting such a study.

(f) In accordance with Chapters 62-761 and 62-762, F.A.C., applicants are advised that fueling

facilities must have secondary containment equipment and shall be located and operated so

that the potential for spills or discharges to surface waters and wetlands is minimized.

(g) The disposal of domestic wastes from boat heads, particularly from liveaboard vessels, must

be addressed to prevent improper disposal into wetlands or other surface waters. A liveaboard

vessel shall be defined as a vessel docked at the facility that is inhabited by a person or persons

for any five consecutive days or a total of ten days within a 30-day period.

(h) The disposal of solid waste, such as garbage and fish cleaning debris, must be addressed to

prevent disposal into wetlands or other surface waters.

(i) Pollutant leaching characteristics of materials such as treated pilings and anti-fouling paints

used on the hulls of vessels must be addressed to ensure that any pollutants that leach from the

structures and vessels will not cause violations of water quality standards given the flushing

at the site and the type, number and concentration of the likely sources of pollutants.

10.2.4.4 Mixing Zones

A temporary mixing zone for water quality during construction or alteration may be requested by the

applicant. The Agency shall review such requests pursuant to Rule 62-4.242 and subsection 62-

4.244(5), F.A.C.

10.2.4.5 Where Ambient Water Quality Does Not Meet Standards

If the site of the proposed activity currently does not meet water quality standards, the applicant

must demonstrate compliance with the water quality standards by meeting the provisions in

sections 10.2.4.1, 10.2.4.2, and 10.2.4.3, above, as applicable, and for the parameters that do not

meet water quality standards, the applicant must demonstrate that the proposed activity will not

contribute to the existing violation. If the proposed activity will contribute to the existing violation,

mitigation may be proposed as described in section 10.3.1.4, below.

10.2.5 Class II Waters; Waters Approved for Shellfish Harvesting

The special value and importance of shellfish harvesting waters to Florida’s economy as existing or

potential sites of commercial and recreational shellfish harvesting and as a nursery area for fish and

shellfish is recognized by the Agencies. In accordance with section 10.1.1(d), above, the Agency shall

deny a permit for a regulated activity located:

(a) In Class II or Class III waters, as designated in Chapter 62-302, F.A.C., that are classified by

the Department of Agriculture and Consumer Services (DACS) as “approved,” “restricted,”

“conditionally approved,” or “conditionally restricted” for shellfish harvesting. However, the

Agency may issue permits or certifications in such waters for: environmental restoration or

enhancement; maintenance dredging of navigational channels; the construction of shoreline

protection structures; the installation of transmission and distribution lines for carrying potable

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water, electricity or communication cables in rights-of-way previously used for such lines; or

clam and oyster culture. This provision also shall not apply to docking facilities that meet all

of the following criteria:

1. No more than two vessels shall be moored, and no more than two slips constructed in

total at a private residential single-family dock, or no more than ten vessels moored

and no more than ten slips constructed in total at a private residential multi-family,

commercial, or governmental dock at any time;

2. No overboard discharges of trash, human or animal waste, or fuel shall occur at the

dock. For all commercial, governmental, or private residential multi-family docks that

will moor vessels that contain, or have the capability of containing, a permanent

marine sanitation device, the applicant must provide reasonable assurance that there

will not be a discharge of domestic wastes from such vessels at the dock;

3. Any enclosed, non-water dependent structures shall be located on the uplands;

4. Prior to the mooring of any vessel at the dock, there shall be existing structures with

toilet facilities located on the uplands;

5. Any proposed boat shelter shall not be enclosed with screens, walls, doors, or

windows;

6. A minimum of one foot clearance must be maintained between the deepest draft of

any vessel (including the vessel propulsion unit) moored in the water at the dock and

the top of any submerged resources (which includes rooted aquatic macrophyte

communities, attached macro-marine algae communities, sponge beds, coral

communities, and oyster communities) in the mooring location, as measured at mean

low water. The height of rooted aquatic macrophyte communities, attached macro-

marine algae communities shall be measured as they exist during the growing season

(April through September);

7. Any structures located over grassbeds shall be designed so as to allow for the

maximum practicable amount of light penetration; and

8. There shall be no overnight occupancy at any time on the dock or on any vessels

moored to the dock.

Solely for purposes of this subsection, the term “vessel” shall include all sailboats and

motorized boats of any type other than personal watercraft as defined in Section 327.02, F.S.,

whether moored in the water or stored on the dock, in a boat lift, or on a floating vessel

platform.

(b) In any Class II waters that are not classified by DACS as “approved,” “restricted,”

“conditionally approved,” or “conditionally restricted” for shellfish harvesting, unless the

applicant submits a plan or proposes a procedure to protect those waters and waters in the

vicinity. The plan or procedure shall detail the measures to be taken to prevent significant

damage to the immediate project area and the adjacent area, and shall provide reasonable

assurance that the water quality standards for Class II waters will not be violated.

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(c) In any class of waters where the location of the activity is adjacent or in close proximity to

Class II waters, unless the applicant submits a plan or proposes a procedure that demonstrates

that the regulated activity will not have a negative effect on the Class II waters and will not

result in violations of water quality standards in the Class II waters.

10.2.6 Vertical Seawalls

(a) The construction of vertical seawalls in estuaries or lagoons is prohibited unless one of the

following conditions exists:

1. The proposed construction is located within a port, as defined in Section 315.02 or

403.021, F.S.;

2. The proposed construction is necessary for the creation of a marina, the vertical

seawalls are necessary to provide access to watercraft, or the proposed construction

is necessary for public facilities;

3. The proposed construction is to be located within an existing manmade canal and the

shoreline of such canal is currently occupied in whole or in part by vertical seawalls;

or

4. The proposed construction is to be conducted by a public utility when such utility is

acting in the performance of its obligation to provide service to the public.

5. The proposed construction is located within the coastal areas of Collier, Lee, Miami-

Dade, and Monroe Counties, or Charlotte Harbor/Peace River in Charlotte County

designated by the National Marine Fisheries Service as Critical Habitat for the

smalltooth sawfish (Pristis pectinata) -- see

http://www.nmfs.noaa.gov/pr/species/fish/smalltooth-sawfish.html.

(b) When considering an application for a permit to repair or replace an existing vertical seawall,

the Agency shall require such seawall to be faced with riprap material, or to be replaced

entirely with riprap material unless a condition specified in paragraphs 1 through 5, above,

exists. However, nothing in this subsection shall be construed to hinder any activity previously

exempt or permitted under Part IV of Chapter 373, F.S., or permitted under Chapter 161, F.S.

10.2.7 Secondary Impacts

Pursuant to section 10.1.1(f), above, an applicant must provide reasonable assurances that a regulated

activity will not cause adverse secondary impacts to the water resource, as described in sections (a)

through (d), below. Aquatic or wetland dependent fish and wildlife are an integral part of the water

resources that the Agency is authorized to protect under Part IV, Chapter 373, F.S.

Aquatic or wetland dependent species that are listed species are particularly in need of protection, as

are: the bald eagle (Halieaeetus leucocephalus), which is protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668-668d) and Rule 68A-16.002, F.A.C.

A proposed activity shall be reviewed under this criterion by evaluating the impacts to: wetland and

surface water functions identified in section 10.2.2, above, water quality, upland habitat for bald eagles

and aquatic or wetland dependent listed species, and historical and archaeological resources. De

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minimis or remotely related secondary impacts will not be considered. Applicants may propose

measures such as preservation to prevent secondary impacts. Such preservation shall comply with the

land preservation provisions of section 10.3.8, below. If such secondary impacts cannot be prevented,

the applicant may propose mitigation measures as provided for in sections 10.3 through 10.3.8, below.

This secondary impact criterion consists of the following four parts:

(a) An applicant shall provide reasonable assurance that the secondary impacts from construction,

alteration, and intended or reasonably expected uses of a proposed activity will not cause or

contribute to violations of water quality standards or adverse impacts to the functions of

wetlands or other surface waters as described in section 10.2.2, above.

Impacts such as lights from development adjacent to marine turtle nesting beaches, boat traffic

generated by a proposed dock, boat ramp or dry dock facility, which cause an increased threat

of collision with manatees; impacts to wildlife from vehicles using proposed roads in wetlands

or other surface waters; impacts to water quality associated with the use of onsite sewage

treatment and disposal systems (e.g., septic tanks and drainfields) or propeller dredging by

boats and wakes from boats; and impacts associated with docking facilities as described in

sections 10.2.4.3(f) through (i), above, will be considered relative to the specific activities

proposed and the potential for such impacts. Impacts of groundwater withdrawals upon

wetlands and other surface waters that result from the use of wells permitted pursuant to the

District consumptive use rules shall not be considered under the rules adopted pursuant to Part

IV of Chapter 373, F.S.

Secondary impacts to the habitat functions of wetlands associated with adjacent upland

activities will not be considered adverse if buffers, with a minimum width of 15 ft. and an

average width of 25 ft., are provided abutting those wetlands that will remain under the

permitted design, unless additional measures are needed for protection of wetlands used by

bald eagles for nesting, or listed species for nesting, denning, or critically important feeding

habitat. The mere fact that a species is listed does not imply that all of its feeding habitat is

critically important. Buffers shall be maintained in an undisturbed vegetated condition, except

when the permit requires removal of exotic and nuisance vegetation or the planting of

appropriate native species to prevent adverse secondary impacts to the habitat functions of

the wetlands. Drainage features such as spreader swales and discharge structures are

acceptable within the buffer, provided the construction or use of these features does not

adversely impact wetlands. Where an applicant elects not to use buffers of the above-described

dimensions, buffers of different dimensions, or other measures, may be proposed to provide

the required reasonable assurance. Wetlands or other surface waters shall not be filled to

achieve this buffer requirement. For example, an undisturbed upland buffer would not be

required to be established waterward of areas of wetlands or other surface waters that are

authorized to be filled for other purposes, such as to construct a bulkhead, although this does

not relieve the applicant from providing other reasonable assurance demonstrating that the

construction, alteration, and intended or reasonably expected uses of a proposed activity will

not result in adverse secondary impacts to wetlands and other surface waters. Buffers proposed

to protect against secondary impacts shall be allowed to overlap with vegetated natural buffers,

except where the Agency determines that such overlap would adversely affect the purposes

each buffer is designed to address.

(b) An applicant shall provide reasonable assurance that the construction, alteration, and intended

or reasonably expected uses of a proposed activity will not adversely impact the ecological

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value of uplands for bald eagles, and aquatic or wetland dependent listed animal species for

enabling existing nesting or denning by these species, but not including:

1. Areas needed for foraging; or

2. Wildlife corridors, except for those limited areas of uplands necessary for ingress and

egress to the nest or den site from the wetland or other surface water.

A list of aquatic or wetland dependent listed species and species having special protection

that use upland habitats for nesting and denning may be found at

https://floridadep.gov/water/submerged-lands-environmental-resources-

coordination/documents/listed-wildlife-species-are.

In evaluating whether a proposed activity will adversely impact the ecological value of

uplands to the bald eagle and aquatic or wetland dependent listed species, the Agencies shall

consider comments received from the Florida Fish and Wildlife Conservation Commission

(FWC), the U.S. Fish and Wildlife Service, the applicant, and the public (for comments related

to this section). Permitting guidelines within management plans, recovery plans, habitat and

conservation guidelines, scientific literature, and technical assistance documents such as the

“Florida Wildlife Conservation Guide” (myfwc.com/conservation/value/fwcg/) also will be

considered.

Compliance with the U.S. Fish and Wildlife Service (USFWS) Habitat Management

Guidelines for the Wood Stork in the Southeast Region (January 1990), available at:

http://www.fws.gov/northflorida/WoodStorks/Documents/19900100_gd_Wood-stork-

habitat-guidelines-1990.pdf, and reproduced in Appendix G, will provide reasonable

assurance that the proposed activity will not adversely impact upland habitat functions

described in paragraph (b) for the wood stork.

Secondary impacts to the functions of wetlands or uplands for nesting of bald eagles

(Haliaeetus leucocephalus) will not be considered adverse if the applicant holds a valid

authorization from the USFWS pursuant to paragraph 68A-16.002(1), F.A.C., for the same

activities proposed by the applicant under Part IV of Chapter 373, F.S., or if the applicant

demonstrates compliance with the USFWS National Bald Eagle Management Guidelines

(May 2007) available at:

https://www.fws.gov/northeast/ecologicalservices/pdf/NationalBaldEagleManagementGu

idelines.pdf, and reproduced in Appendix H.

For those aquatic or wetland dependent listed animal species for which habitat management

guidelines have not been developed, or in cases where an applicant does not propose to use

USFWS or FWC habitat management guidelines, the applicant may propose measures to

mitigate adverse impacts to upland habitat functions described in paragraph (b) provided to

aquatic or wetland dependent listed animal species and species having special protection listed

online at https://floridadep.gov/water/submerged-lands-environmental-resources-

coordination/documents/listed-wildlife-species-are. Such proposals will be evaluated by the

Agency to determine if the measures provide reasonable assurance.

(c) In addition to evaluating the impacts in the area of any dredging and filling in, on, or over

wetlands or other surface waters, and as part of the balancing review under section 10.2.3,

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above, the Agency will consider any other associated activities that are very closely linked

and causally related to any proposed dredging or filling that have the potential to cause impacts

to significant historical and archaeological resources.

(d) An applicant shall provide reasonable assurance that the following future activities will not

result in water quality violations or adverse impacts to the functions of wetlands or other

surface waters as described in section 10.2.2, above:

1. Additional phases or expansion of the proposed activity for which plans have been

submitted to the Agency or other governmental agencies; and

2. On-site and off-site activities regulated under Part IV, Chapter 373, F.S., or activities

described in Section 403.813(1), F.S., that are very closely linked and causally related

to the proposed activity.

As part of this review, the Agency will also consider the impacts of the intended or reasonably

expected uses of the future activities on water quality and wetland and other surface water

functions.

In conducting the analysis under section (d)2, above, the Agency will consider those future

projects or activities that would not occur but for the proposed activity, including where the

proposed activity would be considered a waste of resources should the future project or

activities not be permitted.

Where practicable, proposed activities shall be designed in a fashion that does not necessitate

future impacts to wetland and other surface water functions. Activity expansions and future

activity phases will be considered in the secondary impact analysis. If the Agency determines

that future phases of an activity involve impacts that do not appear to meet permitting criteria,

the current application shall be denied unless the applicant can provide reasonable assurance

that those future phases can comply with permitting criteria. One way for applicants to

establish that future phases or system expansions do not have adverse secondary impacts is

for the applicant to obtain a conceptual approval permit for the entire project.

10.2.8 Cumulative Impacts

Pursuant to section 10.1.1(g), above, an applicant must provide reasonable assurance that a regulated activity

will not cause unacceptable cumulative impacts upon wetlands and other surface waters within the same

drainage basin as the regulated activity for which a permit is sought. The impact on wetlands and other surface

waters shall be reviewed by evaluating the impacts to water quality as set forth in section 10.1.1(c), above,

and by evaluating the impacts to functions identified in section 10.2.2, above.

(a) If an applicant proposes to mitigate these adverse impacts within the same drainage basin as the

impacts, and if the mitigation fully offsets these impacts, then the Agency will consider the

regulated activity to have no unacceptable cumulative impacts upon wetlands and other surface

waters, and consequently, the condition for issuance in section 10.1.1(g) will be satisfied. The

drainage basins within each District are reproduced below in Figures 10.2.8-1 through 10.2.8-5.

(b) If an applicant proposes to mitigate adverse impacts through mitigation physically located outside

of the drainage basin where the impacts are proposed, an applicant may demonstrate that such

mitigation fully offsets the adverse impacts within the impacted drainage basin (as measured from

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the impacted drainage basin), based on factors such as connectivity of waters, hydrology, habitat

range of affected species, and water quality. If the mitigation fully offsets the impacts (as measured

from the impacted drainage basin), then the Agency will consider the regulated activity to have no

unacceptable cumulative impacts upon wetlands and other surface waters, and consequently, the

condition for issuance in section 10.1.1(g), above, will be satisfied. In other words, if the functions

provided by the proposed out-of-basin-mitigation will “spill over” into the impacted basin, and are

sufficient to offset the impacts within the impacted basin, then the condition for issuance in section

10.1.1(g) will be satisfied.

(c) When adverse impacts to water quality or adverse impacts to the functions of wetlands and other

surface waters, as referenced in paragraphs (a) and (b) above, are not fully offset within the same

drainage basin as the impacts, then an applicant must provide reasonable assurance that the

proposed activity, when considered with the following activities, will not result in unacceptable

cumulative impacts to water quality or the functions of wetlands and other surface waters, within

the same drainage basin:

1. Projects that are existing or activities regulated under Part IV, Chapter 373, F.S., that are

under construction or projects for which permits or determinations pursuant to Section

373.421, F.S., or Section 403.914, F.S. (1991), have been sought.

2. Activities that are under review, approved, or vested pursuant to Section 380.06, F.S., or

other activities regulated under Part IV of Chapter 373, F.S., which may reasonably be

expected to be located within wetlands or other surface waters, in the same drainage basin,

based upon the comprehensive plans, adopted pursuant to Chapter 163, F.S., of the local

governments having jurisdiction over the activities, or applicable land use restrictions and

regulations.

Only those activities listed in sections (c)1. and 2., above, that have similar types of impacts

(adverse effects) to those that will be caused by the proposed activity and for which those impacts

are not fully offset within the drainage basin, as described in section (a) or (b), above, will be

considered. Activities are considered to have similar impacts if they affect similar types of water

resources and functions, regardless of whether the activities themselves are similar to one another.

The cumulative impact evaluation is conducted using an assumption that reasonably expected

future applications with like impacts will be sought, thus necessitating equitable distribution of

acceptable impacts among future applications.

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Figure 10.2.8-3 Drainage Basins for Cumulative Impact Determinations within the

Suwannee River Water Management District

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Figure 10.2.8-4

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Figure 10.2.8-5 — Drainage Basins within the South Florida Water Management District

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10.2.8.1 Cumulative impacts are considered unacceptable when the proposed activity, considered in

conjunction with the past, present, and future activities as described in section 10.2.8, above, would

then result in a violation of state water quality standards as set forth in section 10.1.1(c)above, or

significant adverse impacts to functions of wetlands or other surface waters identified in section

10.2.2, above, within the same drainage basin when considering the basin as a whole. This analysis

asks the question whether the proposed system, considered in conjunction with past, present, and

future activities, would be the proverbial “straw that breaks the camel’s back” regarding the above

referenced water quality or wetland and other surface water functions in the basin.

10.2.8.2 Applicants may propose measures such as preservation to prevent cumulative impacts. Such

preservation shall comply with the land preservation provisions in section 10.3.8, below. If

unacceptable cumulative impacts are expected to occur, based on an evaluation conducted in

accordance with section 10.2.8, above, the applicant may propose mitigation measures as provided

for in sections 10.3 through 10.3.8, below.

10.3 Mitigation

Mitigation will be approved only after the applicant has complied with the requirements of sections

10.2.1 through 10.2.1.3, above, regarding practicable modifications to reduce or eliminate adverse

impacts. However, any mitigation proposal submitted for review shall be reviewed concurrently

with the analysis of any modification pursuant to section 10.2, above. This section establishes

criteria to be followed in evaluating mitigation proposals in light of the programmatic and project

permitting goal of no net loss of wetland and other surface waters functions.

Mitigation as described in sections 10.3 through 10.3.8, below, is required only to offset the

adverse impacts to the functions identified in sections 10.2 through 10.2.8.2, above, caused by

regulated activities. In certain cases, mitigation cannot offset impacts sufficiently to yield a

permittable project. Such cases include activities that significantly degrade Outstanding Florida

Waters, adversely impact habitat for listed species, or adversely impact those wetlands or other

surface waters that are not likely to be successfully recreated.

Applicants are encouraged to consult with Agency staff in pre-application conferences or during

the application process to identify appropriate mitigation options.

10.3.1 Types of Mitigation

Mitigation usually consists of restoration, enhancement, creation, or preservation of wetlands,

other surface waters, or uplands. Uplands that function as a hydrologic contributing area to

wetlands, and are necessary to maintain the ecological value of those wetlands, may be

appropriate for mitigation of impacts to wetlands, as well as impacts to uplands that are used by

bald eagles, and listed aquatic and wetland dependent species for nesting or denning. The

evaluation of the appropriateness of incorporating uplands as part of a mitigation plan shall

include consideration of the proximity of uplands to wetlands and the degree to which uplands

support the functions of the associated wetlands. In some cases, a combination of mitigation types

is the best approach to offset adverse impacts resulting from the regulated activity.

Restoration is usually preferred over creation as it often has a greater chance of success due to

soil characteristics, hydrologic regime, landscape position, or other factors that favor re-

establishment of wetland or other surface water communities. Preservation of important

ecosystems can provide an improved level of protection over current regulatory programs when

it ensures that the values of the preserved area are protected and maintained in the long term.

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Areas proposed to be preserved to prevent secondary or cumulative impacts (sections 10.2.7 and

10.2.8, above) may also be considered part of a mitigation plan if those areas also serve to offset

adverse impacts.

10.3.1.1 In general, mitigation is best accomplished through creation, restoration, enhancement, or

preservation of ecological communities similar to those being impacted. However, when the area

proposed to be impacted is degraded, compared to its historic ecological community and hydrologic

condition, mitigation is best accomplished through creation, restoration, enhancement or

preservation of the ecological community that was historically present. When impacts are proposed

to wholly artificial systems, such as borrow pits, ditches, and canals, mitigation is best

accomplished through creation, restoration, enhancement or preservation of the native ecological

community to which it is most analogous in function. For wetlands or other surface waters that have

been altered from their native community type, the historic community type at that location shall

be used as a reference, unless the alteration has been of such a degree and extent that a different

native community type is now present and self sustaining. Mitigation involving other ecological

communities is acceptable if impacts are offset and the applicant demonstrates that greater

improvement in ecological value will result.

10.3.1.2 Mitigation can be conducted on-site, off-site, or through the purchase of credits from a mitigation

bank, or through a combination of approaches, as long as it offsets anticipated adverse impacts to

wetlands and other surface waters and meets all other criteria for permit issuance. Off-site

mitigation is preferred when:

(a) On-site mitigation opportunities are not expected to have comparable long-term viability due

to such factors as unsuitable hydrologic conditions or ecologically incompatible existing

adjacent land uses or future land uses identified in a local comprehensive plan adopted

according to Chapter 163, F.S.; or

(b) Off-site mitigation will provide greater improvement in ecological value than on-site

mitigation.

One example of a project expected to benefit from off-site mitigation is a linear project that cannot

effectively implement on-site mitigation due to right-of-way constraints.

10.3.1.2.1 An applicant proposing offsite mitigation must provide reasonable assurance that the permitted

mitigation will be conducted by an entity with the financial, legal, and administrative capability to

implement the mitigation plan in accordance with the terms and conditions of the permit, if issued,

pursuant to Rule 62-330.301(1)(j), F.A.C. Compliance with this requirement can be demonstrated

when an entity has sufficient ownership interest or control in the land in accordance with section

4.2.3(d) of this Volume.

If the applicant demonstrates compliance with this requirement by providing the Agency with a

purchase and sale agreement, the permit, if issued, shall be conditioned to prohibit all construction

until ownership is transferred to the permittee. This provision does not apply if the applicant

proposes to offset adverse impacts to wetlands or other surface waters through the purchase of

credits from a mitigation bank, or participation in regional off-site mitigation pursuant to Section

373.4135, F.S., and does not apply to the Florida Department of Transportation when mitigation is

accomplished pursuant to Section 373.4137, F.S.

10.3.1.3 Mitigation through participation in a mitigation bank shall be in accordance with Section 373.4136,

F.S., and Chapter 62-342, F.A.C. (Mitigation Banks), except that, for purposes of the maps

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applicable to regional watersheds, the SJRWMD, SWFWMD, and SFWMDs shall use the maps

incorporated by reference in the applicable Volume II.

10.3.1.4 In instances where an applicant is unable to meet water quality standards because existing ambient

water quality does not meet standards and the activity will contribute to this existing condition,

mitigation for water quality impacts can consist of water quality enhancement. In these cases, the

applicant must implement mitigation measures that will cause net improvement of the water quality

in the receiving waters for those parameters that do not meet standards. (See Section 373.414(1)(b),

F.S.)

10.3.1.5 To offset adverse secondary impacts from regulated activities to habitat functions that uplands

provide to bald eagles and listed species evaluated as provided in section 10.2.7(b), above,

mitigation can include the implementation of management plans, participation in a wildlife

mitigation park established by the FWC, or other measures. Measures to offset adverse secondary

impacts on wetlands and other surface waters resulting from use of a system can include the

incorporation of culverts or bridged crossings designed to facilitate wildlife movement, fencing to

limit access, reduced speed zones, or other measures designed to offset the secondary impact.

10.3.1.6 Mitigation for certain mining activities shall be in accordance with Section 373.414(6), F.S.

Applicants also are advised that they may elect to use the provisions of Chapter 62-348, F.A.C.

(Wetland Permitting and Mitigation for the Mining of Peat for the Horticultural Industry), to

provide for alternative wetland mitigation associated with the mining of high-quality peat in

accordance with Section 373.414(6)(e), F.S.

10.3.1.7 Except as provided in Section 373.414(6), F.S., mitigation or reclamation required or approved by

other agencies for a specific project will be acceptable to the Agency to the extent that such

mitigation or reclamation fulfills the requirements of sections 10.3 through 10.3.8, and offsets

adverse impacts of the same project in accordance with the criteria in sections 10.2 through

10.2.8.2, above.

10.3.1.8 Innovative mitigation proposals that deviate from the standard practices described in sections 10.3

through 10.3.6, shall be considered on a case-by-case basis to determine whether they offset the

adverse impacts. Any donation of money as mitigation shall be in accordance with Sections

373.4135(1)(b), F.S., and 373.414(1)(b), F.S.

10.3.2 Guidelines for the Amount of Mitigation

Chapter 62-345, F.A.C., Uniform Mitigation Assessment Method (UMAM), establishes a

standardized procedure for assessing functions provided by wetlands and other surface waters, the

amount those functions are reduced by proposed impact, and the amount of mitigation needed to

offset that impact. The Agency will be responsible for verifying the information provided and

applying this assessment method to determine the amount of mitigation necessary to offset the

proposed impacts.

Chapter 62-345, F.A.C., also establishes the criteria to award and deduct mitigation bank or

regional offsite mitigation area credits. The Agency will be responsible for verifying that

information and applying this assessment method to determine the potential amount of mitigation

to be provided by the bank or regional offsite mitigation area.

Paragraphs 62-345.100(3), (5), (6), (7), (8), and (9), F.A.C., provide exceptions from the

application of UMAM to determine the amount of mitigation necessary to offset adverse impacts.

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10.3.3 Mitigation Proposals

10.3.3.1 Applicants shall provide reasonable assurance that proposed mitigation will:

(a) Offset adverse impacts due to regulated activities; and

(b) Achieve mitigation success by providing viable and sustainable ecological and hydrological

functions.

The use of credits from a mitigation bank permitted under Part IV of Chapter 373, F.S., or a

Regional Offsite Mitigation Area under Section 373.4135, F.S., is not subject to sections 10.3.3.2

through 10.3.8, below.

10.3.3.2 Applicants shall submit detailed plans describing proposed construction, establishment, and

management of mitigation areas. These plans shall include the following information, as

appropriate for the type of mitigation proposed:

(a) A soils map of the mitigation area and other soils information pertinent to the specific

mitigation actions proposed;

(b) A topographic map of the mitigation area and adjacent hydrologic contributing and receiving

areas;

(c) A hydrologic features map of the mitigation area and adjacent hydrologic contributing and

receiving areas;

(d) A description of current hydrologic conditions affecting the mitigation area;

(e) A map of vegetation communities in and around the mitigation area;

(f) Construction drawings detailing proposed topographic alterations and all structural

components associated with proposed activities;

(g) Proposed construction activities, including a detailed schedule for implementation;

(h) A vegetation-planting scheme if planting is proposed, and schedule for implementation;

(i) Sources of plants and soils used in wetland creation or restoration;

(j) Measures to be implemented during and after construction to avoid adverse impacts related

to proposed activities;

(k) A management plan comprising all aspects of operation and maintenance, including water

management practices, vegetation establishment, exotic and nuisance species control, fire

management, and control of access;

(l) A proposed monitoring plan to demonstrate mitigation success;

(m) A description of the activities proposed to control exotic and nuisance species should these

become established in the mitigation area. The mitigation proposal must include reasonable

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measures to assure that these species do not invade the mitigation area in such numbers as to

affect the likelihood of success of the project;

(n) A description of anticipated site conditions in and around the mitigation area after the

mitigation plan is successfully implemented;

(o) A comparison of current fish and wildlife habitat to expected habitat after the mitigation plan

is successfully implemented;

(p) For mitigation plans with projected implementation costs in excess of $25,000, an itemized

estimate of the cost of implementing mitigation as set forth in section 10.3.7.7, below;

(q) Evidence that the applicant has legal access to the mitigation area and authority to perform the

mitigation, and documentation granting the Agency a reasonable right of legal access to the

mitigation area and the authority to conduct the mitigation should the applicant fail to do so;

and

(r) Any additional necessary supporting information required by Chapter 62-345, F.A.C.

10.3.4 Monitoring Requirements for Mitigation Areas

If applicable, applicants shall monitor the progress of mitigation areas until success can be

demonstrated as provided in section 10.3.6, below. Monitoring parameters, methods, schedules, and

reporting requirements will be specified in permit conditions.

10.3.5 Protection of Mitigation Areas

Applicants shall propose and be responsible for implementing methods that assure that mitigation

areas will not be adversely impacted by incidental encroachment or secondary activities that might

compromise mitigation success or long-term viability.

10.3.6 Mitigation Success

Mitigation success will be measured in terms of whether the objectives of the mitigation are expected

to be realized. The success criteria to be included in permit conditions will specify the minimum

requirements necessary to attain a determination of success. The mitigation shall be deemed

successful by the Agency when all applicable water quality standards are met, the mitigation area

has achieved viable and sustainable ecological and hydrological functions and the specific success

criteria contained in the permit are met. If success is not achieved within the time frame specified

within the permit, remedial measures shall be required. Monitoring requirements shall remain in

effect until success is achieved as specified in the permit. Maintenance requirements shall remain in

effect as specified in the permit.

10.3.7 Financial Responsibility for Mitigation.

As part of compliance with paragraph 62-330.301(1)(j), F.A.C., where an applicant proposes

mitigation, the applicant shall provide proof of financial responsibility to:

(a) Conduct the mitigation activities;

(b) Conduct any necessary management of the mitigation site;

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(c) Conduct monitoring of the mitigation;

(d) Prepare and submit monitoring reports to the Agency; and

(e) Conduct any necessary corrective action indicated by the monitoring.

10.3.7.1 Applicants not subject to financial responsibility requirements.

The following applicants shall not be subject to the financial responsibility requirements in sections

10.3.7 through 10.3.7.9:

(a) Applicants whose mitigation is deemed successful pursuant to section 10.3.6, above, prior to

undertaking the construction activities authorized under the permit issued pursuant to Part IV,

Chapter 373, F.S.

(b) Applicants whose mitigation is estimated to cost less than $25,000.

(c) Federal, state, county and municipal governments; state political subdivisions; investor-owned

utilities regulated by the Florida Public Service Commission; and rural electric cooperative.

(d) Mitigation banks that comply with the financial responsibility provisions of Rule 62-342.700,

F.A.C.

10.3.7.2 Amount of financial responsibility.

The amount of financial responsibility provided by the applicant shall be in an amount equal to 110

percent of the cost estimate determined pursuant to section 10.3.7.7, below, for each phase of the

mitigation plan submitted under the requirements of sections 10.3 through 10.3.8, and under the

requirements of Section 373.414(19)(a), F.S., when mitigation is required for the extraction of

limestone and phosphate.

10.3.7.3 Documentation.

The permit applicant shall provide draft documentation of the required financial responsibility

mechanism described below with the permit application, and shall submit to the Agency the executed

or finalized documentation within the time frames specified in the permit.

10.3.7.4 General Terms for Financial Responsibility Mechanisms.

In addition to the specific provisions regarding financial responsibility mechanisms set forth in

section 10.3.7.6, below, the following, as they relate to the specific mechanism proposed, shall be

complied with:

(a) The form and content of all financial responsibility mechanisms shall be approved by the

Agency. Forms that have been developed for this purpose are incorporated by reference in

subsection 62-330.301(5), F.A.C. The applicant must provide the applicable form or one that

is in substantial conformance with that form; any changes must be noted on the face of the

form and identified to the Agency for review and approval.

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(b) The financial mechanisms shall name the Agency as sole beneficiary or shall be payable solely

to the Agency. If the financial mechanism is of a type that is retained by the beneficiary

according to industry standards, the original financial responsibility mechanism shall be

retained by the Agency.

(c) The financial responsibility mechanisms shall be established with a regulated state or national

bank, savings and loan association, or other financial institution, licensed or regulated by a

federal or state agency and authorized to issue such instruments in the State of Florida. In the

case of letters of credit, the letter of credit must be issued by an entity that has authority to

issue letters of credit and whose letter of credit operations are regulated and examined by a

federal or state agency. In the case of a surety bond, the surety bond must be issued by a surety

company registered with the state of Florida.

(d) The financial responsibility mechanisms shall be effective on or prior to the date that the

activity authorized by the permit commences and shall continue to be effective through the

date of notification of final release by the Agency in accordance with section 10.3.7.7.2 below.

(e) The financial responsibility mechanisms shall provide that they cannot be revoked,

terminated, or cancelled without first providing an alternative financial responsibility

mechanism that meets the requirements of sections 10.3.7 through 10.3.7.9. Financial

mechanisms shall provide that they cannot be revoked, terminated, or cancelled without a 120-

day notice to the Agency. Within 90 days of receipt by the permittee of actual or constructive

notice of revocation, termination, or cancellation of a financial responsibility mechanism or

other actual or constructive notice of cancellation, the permittee shall provide such an alternate

financial responsibility mechanism.

(f) When mitigation is required for the extraction of limestone and phosphate, the financial

responsibility mechanism must meet the criteria of Section 373.414(19)(a), F.S.

10.3.7.5 If the permittee fails to comply with the terms and conditions of the permit, including any

mitigation requirement, such failure shall be deemed a violation of Chapter 62-330, F.A.C., and

the permit issued thereunder. In addition to any other remedies for such violation available to it,

the Agency may make demand upon the financial mechanism. Notice of intent to make demand

shall be as provided in the mechanism or, if none, upon reasonable notice.

10.3.7.6 Financial Responsibility Mechanisms.

Financial responsibility for the mitigation, monitoring, and corrective action for each phase of the

project may be established by any of the following methods, at the discretion of the applicant:

(a) Performance bond; when issued in favor of DEP, the applicant shall also establish a

standby trust fund agreement;

(b) Irrevocable letter of credit; when issued in favor of DEP, the applicant shall also establish

a standby trust fund agreement;

(c) Trust fund agreement;

(d) Deposit of cash or cash equivalent into an escrow account at a regulated financial

institution or at the Florida Department of Financial Services; and

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(e) Guarantee bond.

10.3.7.7 Cost estimates.

For the purposes of determining the amount of financial responsibility that is required by this

subsection, the applicant shall submit a detailed written estimate, in current dollars, of the total

cost of conducting the mitigation, including any maintenance and monitoring activities, and the

applicant shall comply with the following:

(a) The cost estimate for conducting the mitigation and monitoring shall include all associated

costs for each phase thereof, including earthmoving, planting, structure installation,

maintaining and operating any structures, controlling nuisance or exotic species, fire

management, consultant fees, monitoring activities, and reports.

(b) The applicant shall submit the estimates, together with verifiable documentation, to the

Agency along with the draft of the financial responsibility mechanism.

(c) The costs shall be estimated based on a third party performing the work and supplying

materials at the fair market value of the services and materials. The source of any cost

estimates shall be indicated.

10.3.7.7.1 Partial Releases.

The permittee may request the Agency to release portions of the financial responsibility

mechanism as parts of the mitigation plan, such as earth moving, construction, or other activities

for which cost estimates were submitted in accordance with section 10.3.7.7, are successfully

completed. The request shall be in writing and include documentation that the activities have been

completed and have been paid for or will be paid for upon release of the applicable portion of the

financial responsibility mechanism and a revised cost estimate for the completion of the mitigation

activities. The Agency shall authorize the release, or shall request the applicable financial

institution release, of the portion requested upon verification that the activities have been

completed in accordance with the mitigation plans.

10.3.7.7.2 Final Release.

Within thirty (30) days of the Agency determining that the mitigation is successful in accordance

with section 10.3.6, above, the Agency shall so notify the permittee and shall authorize the return

and release of all funds held or give written authorization to the appropriate third party for the

cancellation or termination of the financial responsibility mechanism.

10.3.7.8 Financial Responsibility Conditions.

For applicants subject to the financial responsibility of sections 10.3.7 through 10.3.7.9, the

Agency will include the following conditions in the permit:

(a) A permittee must notify the Agency by certified mail of the commencement of a voluntary

or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the permittee

as debtor within 10 business days after the commencement of the proceeding.

(b) A permittee who fulfills the requirements of sections 10.3.7 through 10.3.7.9, by

obtaining a letter of credit or performance bond will be deemed to be without the required

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financial assurance in the event of bankruptcy, insolvency, or suspension or revocation of

the license or charter of the issuing institution. The permittee must reestablish in

accordance with sections 10.3.7 through 10.3.7.9, a financial responsibility mechanism

within 60 days after such event.

(c) When transferring a permit, the new owner or person with legal control shall submit

documentation to satisfy the financial responsibility requirements of sections 10.3.7

through 10.3.7.9. The prior owner or person with legal control of the project shall

continue the financial responsibility mechanism until the Agency has approved the permit

transfer and substitute financial responsibility mechanism.

10.3.7.9 Financial Responsibility Mechanisms for Multiple Projects.

An applicant may use a mechanism specified in section 10.3.7.6, above to meet the financial

responsibility requirement for multiple projects. The financial responsibility mechanism must

include a list of projects, the amount of funds assured for each project, and limit the amount of

funds available for each project. The mechanism must be no less than the sum of the funds that

would be necessary in accordance with section 10.3.7.2, above, as if separate mechanisms had

been established for each project. As additional permits are issued that require mitigation, the

amount of the financial responsibility mechanism may be increased in accordance with section

10.3.7.2, above, and the project added to the list.

10.3.8 Real property conveyances.

(a) All conservation easements, deed restrictions, and restrictive covenants accepted for

mitigation purposes shall be granted in perpetuity without encumbrances, unless such

encumbrances do not adversely affect the ecological viability of the mitigation. All liens

and mortgages shall be released or subordinated to the conservation easement. All

conservation easements shall be consistent with Section 704.06, F.S., and shall contain

restrictions that ensure the ecological viability of the site.

(b) All real property conveyances shall be in fee simple and by statutory warranty deed,

special warranty deed, or other deed, without encumbrances that adversely affect the

integrity of the preservation. The Agency shall also accept a quit claim deed if necessary

to aid in clearing minor title defects or otherwise resolving boundary questions.

(c) The use of the applicable Form 62-330.301(8) through 62-330.301(17) shall constitute

consistency with Section 704.06, F.S. Where the applicant demonstrates that

project specific conditions necessitate deviation from language of the accepted

forms, alternative language shall be accepted provided that it meets the provisions

of Section 704.06, F.S. and section 10. 3. 8 of this Volume. Each of these forms are in

Appendix C of this Volume, and a copy of the form may be obtained from the Agency,

as described in subsection 62-330.010(5), F.A.C.

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PART IV -- EROSION AND SEDIMENT CONTROL

11.0 Erosion and Sediment Control

11.1 Overview

Uncontrolled erosion and sediment from land development activities can result in costly damage to

aquatic areas and to both private and public lands. Excessive sediment blocks stormwater conveyance

systems, fills navigable channels, impairs fish spawning, clogs the gills of fish and invertebrates, and

suppresses aquatic life.

A plan for minimizing erosion and controlling sediment through the implementation of best

management practices (BMPs) must be included with the application for a permit. In addition to the

“erosion and sediment control plan” required by section 11.2, all projects that disturb one or more

acres of land or disturb less than one acre but are part of a larger common plan of development or

sale and discharge to waters of the state or to a permitted Municipal Separate Stormwater Sewer

System (MS4) also will need to develop and implement a Stormwater Pollution Prevention Plan

(SWPPP) to obtain coverage under Florida’s National Pollution Discharge Elimination System

(NPDES) Stormwater Construction Generic Permit (CGP).

An effective sediment and erosion control plan is essential for controlling stormwater pollution during

construction. An erosion and sediment control plan is a site-specific plan that specifies the location,

installation, and maintenance of best management practices to prevent and control erosion and

sediment loss at a construction site. The plan is submitted as part of the permit application and must

be clearly shown on the construction plans for the development. Erosion and sediment control plans

range from very simple for small, single-phase developments to complex for large, multiple phased

projects. If, the proposed erosion and sedimentation controls no longer provide reasonable assurance

that water quality standards will not be violated, due to unforeseen circumstances such as extreme

rainfall events or construction delays, additional erosion and sediment control measures shall be

required that must be implemented to prevent violations of water quality standards.

11.2 Development of an Erosion and Sediment Control Plan

An Erosion and Sediment Control (E&SC) Plan must be submitted as part of the application as a

way of providing reasonable assurance that water quality standards will not be violated during the

construction phase of a project. The plan must identify the location, relative timing, and

specifications for all erosion and sediment control and stabilization measures that will be

implemented as part of the project’s construction. The plan must provide for compliance with the

terms and schedule of implementing the proposed project, beginning with the initiation of

construction activities. The plan may be submitted as a separate document or may be contained as

part of the plans and specifications of the construction documents.

BMPs for erosion and sediment control are intended to prevent unauthorized off-site and on-site

discharges of sediments and turbid waters. The BMPs for erosion and sediment control described

in the permit are minimum requirements and may require revision, upgrading, relocating,

strengthening, or other modifications to serve their intended function while responding quickly to

unanticipated changes in conditions onsite. Therefore, a permit modification is not required in order

to modify the BMPs for erosion and sediment control used during construction and development,

which serve to increase protection against unauthorized discharges, replace or repair components,

or respond to emergency conditions.

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11.2.1 Erosion and Sediment Control Principles

Factors that influence erosion potential include soil characteristics, vegetative cover, topography,

climatic conditions, timing of construction, and the areal extent of land clearing activities. The

following principles must be considered in planning and undertaking construction and alteration of

systems:

(a) Plan the development to fit topography, soils, drainage patterns, and vegetation;

(b) Minimize both the extent of area exposed at one time and the duration of exposure;

(c) Schedule activities during the dry season or during dry periods whenever possible to reduce

the erosion potential;

(d) Apply erosion control practices to minimize erosion from disturbed areas;

(e) Apply perimeter controls to protect disturbed areas from off-site runoff and to trap eroded

material on-site to prevent sedimentation in downstream areas;

(f) Reduce runoff velocities and retain runoff on-site;

(g) Stabilize disturbed areas immediately after final grade has been attained or during interim

periods of inactivity resulting from construction delays; and

(h) Implement a thorough maintenance and follow-up program.

These principles are usually integrated into a system of vegetative and structural measures, along with

other management techniques, that are included in an erosion and sediment control plan to minimize

erosion and control movement of sediment. In most cases, a combination of limited clearing and

grading, limited time of exposure, and a judicious selection of erosion control practices and sediment

trapping systems will prove to be the most practical method of controlling erosion and the associated

production and transport of sediment. Permit applicants, system designers, and contractors can refer to

State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida

Department of Transportation and Florida Department of Environmental Protection, July 2013 the

Florida Stormwater, Erosion, and Sedimentation Control Inspector’s Manual Tier I (Florida

Department of Environmental Protection, Division of Environmental Assessment and Restoration,

Tallahassee, Florida, October 2018), and the Florida Stormwater Erosion and Sedimentation

Control Inspector’s Manual Tier II (Florida Department of Environmental Protection, Division of

Environmental Assessment and Restoration, Tallahassee, Florida, October 2018), for further

information on erosion and sediment control. These manuals provide guidance for the planning,

design, construction, and maintenance of erosion and sediment control practices. These manuals are

incorporated by reference in subparagraph 62-330.050(9)(b)(5)., F.A.C.

11.2.2 Erosion and Sediment Control Requirements

BMPs for erosion and sediment control shall be used during construction to retain sediment on-

site and guard against causing or contributing to a violation of state water quality standards.

These BMPs must be designed according to specific site conditions and must be shown or clearly

referenced on the construction plans for the site. At a minimum, the erosion and sediment control

requirements described in this section shall be followed during construction of the project. When

necessary, measures are required to protect wetlands or prevent off-site flooding. All appropriate

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contractors must be furnished with the information pertaining to the implementation, operation,

and maintenance of the erosion and sediment control plan. In addition, sediment accumulation in

the stormwater system from construction activities must be removed prior to final certification of

the system to ensure that the designed and permitted storage volume is available.

11.3 Development of a Stormwater Pollution Prevention Plan (SWPPP) for NPDES

Construction activities which result in greater than one acre of soil disturbance, or which

disturb less than one acre of soil but are part of a larger common plan of development or sale,

and which discharge to waters of the state or a permitted MS4 must also apply for and receive

coverage from DEP under Florida’s NPDES Generic Permit for Stormwater Discharge from

Large and Small Construction Activities (CGP) before disturbing the soil. The applicant must

adhere to the regulations and requirements of the CGP. The requirement to develop and submit a

SWPPP under a NPDES permit is not a requirement for a permit under Chapter 62-330, F.A.C.,

however applicants are advised that preparation and adherence to a SWPPP is required where the

permitted activity also requires an NPDES construction permit pursuant to subsection 62-

621.300(4), F.A.C. Both the SWPPP and E&SC plans must retain sediment on site and guard against

causing or contributing to a violation of state water quality standards. Changes to erosion and

sedimentation controls can be documented as part of a permittee’s requirements under the NPDES

CGP SWPPP, should one be required.

11.4 Sediment Sump Design Example

Example calculations for designing a sediment sump are provided in Section 3 of the “References

and Design Aids” for Volume I, available at https://floridadep.gov/water/water/content/water-

resource-management-rules#erp.

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PART V – OPERATION AND MAINTENANCE-SPECIFIC REQUIREMENTS

12.0 Operation and Maintenance Requirements

12.1 Responsibilities

(a) In accordance with Rule 62-330.310, F.A.C., and except as provided in section 12.1.1,

below, upon completion of a project constructed in conformance with an individual permit

issued under Part IV of Chapter 373, F.S., the permit must be converted from the

construction phase to an operation and maintenance phase.

(b) Responsibility for operation and maintenance of a regulated activity shall be an obligation in

perpetuity as provided in Rule 62-330.310, F.A.C.

(c) Operation and maintenance entities must demonstrate that they have the financial, legal, and

administrative capability to perform operation and maintenance in accordance with Agency

rules and permit conditions. Legal and financial capability requirements for operation and

maintenance entities are specified further in section 12.3 below.

(d) Conversion of a permit from the construction to the operation and maintenance phase shall

follow the procedures in Rule 62-330.310, F.A.C., and section 12.2, below.

12.1.1 Exceptions

The operation phase of mining projects subject to the land reclamation requirements of Chapter 378,

F.S., and that are used solely for and by the mine during its life shall be allowed to terminate, without

the need to apply for abandonment of the permit, after the mine, or its subunits, has met the

requirements described in the applicable paragraph 62-330.310(7)(a) or (b), F.A.C.

12.2 Procedures for Requesting Conversion from the Construction Phase to the Operation and

Maintenance Phase

(a) Automatic Conversion —

1. In accordance with subsection 62-330.310(5), F.A.C., projects authorized in a

General Permit shall automatically convert to an operation and maintenance phase

upon completion of the permitted activities in conformance with all the terms and

conditions of the permit.

2. For projects that serve an individual, private single family dwelling unit, duplex,

triplex, or quadruplex that are not part of a larger plan of common development

proposed by an applicant, the construction phase of the permit shall automatically

convert to the operation and maintenance phase upon receipt of a completed Form

62-330.310(3), “Construction Completion and Inspection Certification for

Activities Associated with a Private Single-Family Dwelling Unit.”

3. If at any time the Agency determines that such activities as referenced in subparagraphs

(a) 1. and (a) 2. above were not built in conformance with the terms and conditions of the

permit, the permittee shall be subject to enforcement action by the Agency and for all

measures required to bring the activity into compliance with the permit.

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(b) For projects other than those specified in sections 12.1.1 and 12.2(a), above — The

permittee shall submit Form 62-330.310(1) “As-Built Certification and Request for

Conversion to Operation Phase,” in accordance with subparagraph 62-330.350(1)(f)2.,

F.A.C., to notify the Agency that the project, or independent portion of the project, is

completed (other than long-term monitoring and any mitigation that will require additional

time after construction or alteration to achieve the success criteria specified in the permit)

and ready for inspection by the Agency.

1. Projects not requiring certification by a registered professional shall be certified

by the permittee or their authorized agent. Projects designed by a registered

professional shall be certified by a registered professional, unless exempted by law.

2. The permittee shall submit as-built drawings with Form 62-330.310(1). The person

completing Form 62-330.310(1) shall inform the Agency if there are substantial

deviations from the plans approved as part of the permit.

The plans must be clearly labeled as “as-built” or “record” drawings and shall

consist of the permitted drawings that clearly highlight (such as through “red

lines” or “clouds”) any substantial deviations made during construction. The

permittee shall be responsible for correcting the deviations [as verified by a new

certification using Form 62-330.310(1)]. Non-substantial deviations do not

require a permit modification. Substantial deviations shall be processed as a

minor or major modification as described in section 6.2 of this handbook and

under Rule 62-330.315, F.A.C. Such modification must be issued by the Agency

prior to the Agency approving the request to convert the permit from the

construction to the operation and maintenance phase.

3. The person certifying compliance with the permit shall submit documentation that

demonstrates satisfaction of all permit conditions, other than long term monitoring

and inspection requirements, along with Form 62-330.310(1).

(c) When projects authorized by a permit under this chapter are constructed in phases, each

phase or independent portion of the permitted project must be completed prior to the use of

that phase or independent portion. The permittee must submit Form 62-330.310(1) “As-

Built Certification and Request for Conversion to Operation Phase,” in accordance with

subparagraph 62-330.350(1)(f)2., F.A.C., certifying as to such completion prior to the use

of that phase or independent portion of the project. The request for conversion to the

operating phase for any phase or independent portion of the permitted project shall occur

before construction of any future work that may rely on that infrastructure for conveyance

and water quality treatment and attenuation. Phased construction can include a partial

certification.

(d) Within 60 days of receiving Form 62-330.310(1), the Agency shall approve the request or

notify the permittee of any deficiencies that must be corrected prior to conversion to the

operation and maintenance phase. If the Agency fails to take action on the request to

convert the permit or notify the permittee of deficiencies, the conversion to operation and

maintenance shall be deemed approved.

(e) If the Agency notifies the permittee of deficiencies that must be corrected, and if the

permittee fails to correct those deficiencies in a timely manner, the project will be

considered to be not operating in accordance with a permit issued under Chapter 62-330,

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F.A.C., and the permittee will be subject to enforcement action by the Agency. In such

cases, the permittee will be responsible for any necessary permit modifications, alterations,

or maintenance to bring the project into compliance, and for submitting any new

certifications and requests to convert the permit to the operation and maintenance phase as

provided in this section.

(f) The requirements for submittal of an “as-built certification” contained in a permit issued

under Part IV of Chapter 373, F.S., prior to October 1, 2013, the effective date of Chapter

62-330, F.A.C., shall continue to be followed in accordance with the existing permit unless

the permittee obtains a modification using the procedures in Rule 62-330.315, F.A.C., to

comply with the “as-built certification” requirements of Rules 62-330.310 and 62-330.350,

F.A.C., and this section of Volume I.

12.2.1 Transfer to the Perpetual Operation and Maintenance Entity

(a) If the permittee is also the operation and maintenance entity, once the activity has been

converted to the operation phase as described in section 12.2, above, no other action is

required under this section.

(b) In accordance with subparagraph 62-330.350(1)(g)2., F.A.C., if the permittee is not the

operation and maintenance entity, a completed Form 62-330.310(2), “Request for Transfer

of Environmental Resource Permit to the Perpetual Operation Entity” must be submitted

to transfer the permit to the operation and maintenance entity. If the transfer is to the entity

identified in the permit, the submittal of the form does not require a processing fee, and the

review shall not require processing as a permit modification under Rule 62-330.315, F.A.C.

The form must be signed by a person authorized to represent the operation and maintenance

entity, and shall be submitted along with the following, as applicable:

1. A copy of the recorded transfer of title to the operation and maintenance entity for the

common areas on which the stormwater management system, or other permitted

works are located (unless dedicated by plat);

2. A copy of all recorded plats;

3. Copies of recorded declaration of covenants and restrictions, amendments, and

associated exhibits;

4. A copy of the filed articles of incorporation and documentation of the operation and

maintenance entity’s active corporate status with the Department of State, Division of

Corporations, if the entity is a corporation;

5. A copy of the operation and maintenance plan, revised as necessary to be applicable

to the stormwater management system as designed and permitted;

6. A copy of the cost estimate in accordance with section 12.3.5 below; and

7. Documentation demonstrating financial capability in accordance with section 12.3

below.

(c) The permittee shall ensure that all documents that require recordation in the public records

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are recorded in the county where the project is located prior to any lot or unit sales within

the project served by the system or work, or upon completion of construction of the system

or work, whichever occurs first.

(d) Within 60 days of receiving a complete request to transfer the permit to the operation and

maintenance entity, the Agency shall approve the request, or will notify the permittee that

the documentation is insufficient to demonstrate compliance with Section 12.3, below, and

permit conditions. The permittee shall remain liable until the permit is transferred to the

operation and maintenance entity by the Agency. If the Agency fails to take action or notify

the permittee of the insufficiencies within 60 days of the request, the transfer shall be

deemed approved if the permit has already been certified and converted to the operation

phase.

(e) If a permit modification is required to allow for a new entity or multiple entities to operate

and maintain the project, the 60-day time period for Agency action shall not commence

until the permit modification is issued.

12.3 Operation and Maintenance Entities

12.3.1 An acceptable operation and maintenance entity shall have the financial, administrative, and legal

capability to access, monitor, operate, and maintain the permitted project. Typically, this is

accomplished through ownership or control of all property on which the permitted project is located

by one of the entities listed below. However, alternative methods of achieving the legal requirements

necessary for operation and maintenance will be considered by the Agency. Drainage easements, cross

drainage agreements, or similar documents may be required for connected systems or systems with

common infrastructure to be operated by different entities.

The following entities are acceptable for ensuring that an activity will be operated and

maintained in compliance with the requirements of Section 373.416(2), F.A.C., and Chapter 62-

330, F.A.C.

(a) Local government units, including counties and municipalities, Municipal Service Taxing

Units, or special taxing units;

(b) Water control districts created pursuant to Chapter 298, F.S., drainage districts created by

special act, special districts defined in Chapter 189, F.S., Community Development Districts

created pursuant to Chapter 190, F.S., Special Assessment Districts created pursuant to

Chapter 170, F.S., or water management districts created pursuant to Chapter 373, F.S.;

(c) State or federal agencies;

(d) Duly constituted communication, water, sewer, stormwater, electrical, or other public utilities;

(e) Construction permittees, subject to the restrictions below; or

(f) Non-profit corporations, including homeowners’ associations, property owners’ associations,

condominium owners’ or master associations, subject to the restrictions below.

12.3.2 If the proposed operation and maintenance entity falls within paragraph (a), (b), (c), or (d) above,

a preliminary letter of intent or statement from such entity must be submitted to the Agency with

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the permit application, or in a permit modification request, indicating the entity's intention to accept

responsibility for operation and maintenance of the permitted system. The letter of intent or

statement must clearly indicate what portions of the system will be operated and maintained by the

entity, and whether any portions of the system are to be operated and maintained by another entity.

If portions of the system are to be operated and maintained by another entity, similar letters of

intent or statements must be received from those entities. Upon approval by the Agency, all such

identified entities will be responsible for operation and maintenance of the system.

12.3.3 A construction permittee is an acceptable operation and maintenance entity, provided the property on

which all of the permitted project is located will continue to be owned or controlled by the construction

permittee. When a construction permittee intends to convey the property to a third party, the permittee

will be an approved operation and maintenance entity from the time construction begins until the

system is transferred to the established legal entity approved by the Agency. If a permittee intends to

convey or transfer any portion of the property on which the permitted project is located, the

permittee may continue to be the long-term operation and maintenance entity only if appropriate

drainage easements, cross drainage agreements or similar documents that provide the entity with the

legal capability and authority to operate and maintain the permitted project is approved as part of the

permit application, are recorded in the official records of the applicable county, and are in effect prior

to any conveyance or transfer of the property or conversion of the permit to the operation and

maintenance phase, whichever occurs first. Where the property is leased or rented to a third party, the

property owner shall continue to be the responsible operation and maintenance entity, unless the

Lessor is the permittee.

12.3.4 Homeowners’ associations, property owners’ associations, and condominium owners’ or master

associations (collectively, “Associations”) are acceptable operation and maintenance entities only if

they have the financial, legal, and administrative capability to provide for the perpetual operation and

maintenance of the project. Accordingly, the applicant must:

(

a) Submit draft Articles of Incorporation, Declaration, Restrictive Covenants, Deed Restrictions

or other organizational and operation documents, or draft amendments thereto, that

affirmatively assign responsibility to the Association for the operation or maintenance of the

project. Model language for Declaration and Restrictive Covenants is included in section 7 of

the “References and Design Aids” for Volume I. The Association documents must comply

with Chapters 617, 718, 719, and 720, F.S., as applicable.

(b) Submit documentation that the Association will have sufficient powers (reflected in

governing documents where applicable), to:

1. Own and convey property;

2. Operate and perform maintenance of the permitted project on common property as

exempted or permitted by the Agency;

3. Establish rules and regulations governing membership or take any other actions

necessary for the purposes for which the corporation or association was organized;

4. Assess members for the cost of operating and maintaining the common property,

including the stormwater management system, and enforce the collection of such

assessments;

5. Sue and be sued;

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6. Contract for services to provide for operation and maintenance (if the association

contemplates employing a maintenance company);

7. Require all owners of real property or units to be members of the corporation or

association; and

8. Demonstrate that the land on which the system is located is owned or otherwise

controlled by the corporation or association to the extent necessary to operate and

maintain the system or convey operation and maintenance to another entity.

(c) Submit documentation that the following covenants and restrictions, will be or have been set

forth in the Declaration of Restrictive Covenants, Deed Restrictions, Declaration of

Condominium, or other recorded document setting forth the Association’s rules and

regulations:

1. That it is the responsibility of the Association to operate and maintain the system;

2. The system is owned by the Association or described therein as common property;

3. That there is a method of assessing and collecting the assessment for operation and

maintenance of the system;

4. That assessments are such that they would cover, at minimum, the annual costs of

operation and maintenance for the permitted stormwater systems, outlined in the cost

estimate as described in section 12.3.5, and that those assessments are intended to be

allocated sufficiently within the annual budget to cover projected operating expenses,

including any operation and maintenance costs for the permitted stormwater systems

for periodically required capital expenditures or deferred maintenance, that would be

in addition to annual operating expenses pursuant to Chapter 720, F.S.;

5. That any proposed amendment to the Association’s documents affecting the system

(including environmental conservation areas and the water management portions of

the common areas) must be submitted to the Agency for a determination of whether

the amendment necessitates a modification of the environmental resource permit. If a

modification is necessary, the Agency will so advise the permittee. The amendment

affecting the system may not be finalized until any necessary permit modification is

approved by the Agency or the Association is advised that a modification is not

necessary;

6. That the governing provisions of the Association must be in effect for at least 20

years with automatic renewal periods thereafter, and must state that the

Association shall maintain governing provisions as needed to maintain compliance

with any applicable local, state, or federal regulations for perpetual operation and

maintenance of the permitted stormwater system;

7. That the Association shall exist in perpetuity. However, should the Association

dissolve, the operational documents shall provide that the system shall be transferred

to and maintained by one of the entities identified in sections 12.3.1(a) through (f),

above, who has the powers listed in section 12.3.4(b)1. through 8., above, the

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covenants and restrictions required in section 12.3.4(c)1. through 9., herein, and the

ability to accept responsibility for the operation and maintenance of the system

described in section 12.3.4(d)1. or 2., below;

8. If wetland mitigation monitoring is required by the permit and the operational entity

will be responsible to carry out this obligation, the rules and regulations of the

Association shall state that it will be the Association’s responsibility to complete the

task successfully, including meeting all conditions associated with mitigation

maintenance and monitoring;

9. The Agency has the right to take enforcement action, including a civil action for an

injunction and penalties, against the Association to compel it to correct any

outstanding problems with the system facilities or in mitigation or conservation areas

under the responsibility or control of the Association; and

10. A “Recorded Notice of Environmental Resource Permit,” Form No. 62-

330.090(1), shall be recorded in the public records of the County(s) where the project

is located. The Registered Agent for the Association shall maintain copies of all

permitting actions for the benefit of the Association.

(d) Submit documentation that the Association will:

1. Have the ability to accept responsibility for the operation and maintenance of the

system for future phases of the project, if the operation and maintenance entity is

proposed for a project that will be constructed in phases, and subsequent phases will

utilize the same system as the initial phase or phases;

2. Have, either separately or collectively, the responsibility and authority to operate

and perform maintenance of the system for the entire project area, if the

development scheme contemplates independent operation and maintenance

entities for different phases, and the system is integrated throughout the project.

That authority must include cross easements for surface water management and

the ability to enter and maintain the various portions of the system, should any sub-

entity fail to maintain a portion of the system within the project area; and

3. Have ownership or control of the reserve fund(s), if established by the construction

permittee or a prior operation and maintenance entity, or provide other reasonable

assurance that the financial obligations of the system will be met.

12.3.5 All operation and maintenance entities shall provide a cost estimate for the perpetual operation and

maintenance of the stormwater management system through the submission of the documents

described in this section.

(a) Cost estimates:

1. Cost estimates are required for all stormwater management systems, except those

using a self-certification in accordance with the 10/2 general permit authorization

under section 403.814(12), F.S.

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2. The cost estimate shall be computed in current year dollars to determine the annual

operating expenses, including inspection costs, and maintenance costs for the

estimated remaining useful life of the system, accounting for replacement costs or

deferred maintenance expenses for non-annual expenditures, for all components of

the stormwater management system, including for each BMP in the stormwater

management system.

3. The operation and maintenance entity may adjust replacement reserve assessments

annually to take into account any changes in estimates of cost or useful life of a

reserve item.

4. The applicant shall submit written cost estimates with supporting documentation for

the estimates to the Agency along with the financial capability certification required

under (b) below. At the time of request for transfer, the permittee shall submit an

updated written cost estimate, or indicate in writing that the cost estimate is the

same as a referenced prior submittal. The source of any cost estimates shall be

indicated.

5. If more than one financial mechanism is proposed for perpetual operation and

maintenance, the cost estimate shall specify the appropriate mechanism for each

itemized cost.

(b) Demonstration of Financial Capability for Operation and Maintenance:

At the time of permit application, applicants for the operation and maintenance phase must

submit Form 62-330.301(26), “Certification of Financial Capability for Perpetual Operations

and Maintenance Entities.”

(c) Associations which are subject to reporting and budgeting requirements under Chapter 720,

F.S., shall provide the summary information reported on Form 62-330.301(26) to conform

with the financial reporting and budget requirements of Chapter 720, F.S. Such certification

shall provide reasonable assurance that the Association has the financial capability to operate

and maintain the permitted system as designed and permitted. An Association may submit

draft documentation, including information regarding a reserve account, to the Agency with

the permit application. If it is a part of the Association’s demonstration of financial capability

as approved by a permit, the reserve account must be executed and funded prior to the transfer

to the operation and maintenance phase, unless another time frame is specified in the permit.

1. If the budget for an Association includes a reserve account for capital expenditures

and deferred maintenance, the required funds for such shall be computed by a

means consistent with the requirements of section 12.3.5(a) above.

2. The operation and maintenance entity may adjust replacement reserve assessments

annually to take into account any changes in estimates of cost or useful life of a

reserve item.

3. Reserve funds originally proposed to support operation and maintenance activities

for a stormwater management system shall remain in the reserve account(s) and

shall be used only for authorized operation and maintenance expenditures, unless

their use for other purposes is approved in advance by the Association in

accordance with the requirements of Chapter 720, F.S.

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12.4 Minimum Operation and Maintenance Standards

(a) In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all stormwater

management systems, dams, impoundments, reservoirs, appurtenant works, or works

permitted under Part IV of Chapter 373, F.S., must be operated and maintained in

perpetuity. The operation and maintenance shall be in accordance with the designs, plans,

calculations, and other specifications that are submitted with an application, approved by

the Agency, and incorporated as a condition into any permit issued.

(b) Operation and Maintenance Access

An operation and maintenance entity shall provide documentation of legal authorization,

such as access easements, deed restrictions, or other legal instruments, for the operation

and maintenance entity to have and maintain sufficient access for operation and

maintenance of the stormwater treatment system, except where the operation and

maintenance entity has provided separate documentation of having ownership or control

of the related stormwater management system property. The following requirements shall

apply to operation and maintenance access easements:

1. Access easements must cover at least the primary and high-maintenance

components of the system (i.e., inlets, outlets, littoral zones, filters, pumps, etc.),

including provisions for equipment to enter and perform the necessary

maintenance on the system. Applicants may propose site-specific easements that

meet this requirement.

2. Easements for stormwater management systems must:

a. Include the area of the water surface measured at the control elevation;

b. Extend a minimum of 20 feet from the top of the bank and include side slopes

or an allowance for side slopes calculated at no steeper than 4H:1V (horizontal

to vertical), or an alternate allowance for installation and maintenance of a fence

or other public access restriction, whichever is greater; and

c. Be traversable by operation and maintenance equipment and personnel.

3. Easements for piped stormwater conveyances must be a minimum of the width of

the pipe plus 4 times the depth of the pipe invert below finished grade.

4. Easements must provide a minimum access width of 20 feet, unless the applicant

demonstrates that smaller widths will provide sufficient access for equipment and

personnel to enter and perform the necessary maintenance for the system. The

easement(s) shall extend from a public road, public right-of-way, or other location

from which operation and maintenance access is legally and physically available.

The easement(s) shall extend far enough to provide access, as needed, for operation

and maintenance for each stormwater management system component.

As an alternative, the applicant may propose other forms of legal authorization for

operation and maintenance access, provided the applicant affirmatively

demonstrates that equipment and operators can enter and perform the required

operation and maintenance activities on the stormwater management system.

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12.4.1 Stormwater Management System Operation and Maintenance Plan

An applicant for construction, alteration, operation of a stormwater management system shall

provide a written operation and maintenance plan (O&M Plan) at time of application. A qualified

registered professional shall prepare and certify the application, which shall specifically identify

the O&M Plan activities required to ensure the stormwater management system’s perpetual

performance. The O&M Plan shall describe the overall inspection and maintenance requirements,

including applicable operations and maintenance requirements as specified herein, and shall

identify future capital and maintenance expenditures that are required to ensure that the stormwater

management system continues to function as designed and permitted.

Applicants for systems where the operation and maintenance entity is or will be a Municipal

Separate Storm Sewer System permittee subject to Chapter 62-624, F.A.C. (MS4 Entity) are not

required to submit a separate O&M plan under this section. Those applicants shall instead conduct

operation and maintenance of the ERP-permitted stormwater management systems in accordance

with their MS4 permit requirements and any associated stormwater management program

requirements. MS4 Entities shall nonetheless ensure that operation and maintenance activities are

sufficient to perpetually maintain the performance of the ERP stormwater management system so

that it functions as designed and permitted.

(a) The written O&M Plan for all operation and maintenance entities, other than MS4

Entities, shall, at a minimum, include:

1. A list and details of all stormwater system components, including their location,

type, and other pertinent information, such as normal pool elevation, volume,

recovery time, and how the systems connect;

2. A list and description of each of the identified maintenance and inspection tasks

for each of the system’s components and for the overall system (refer to Appendix

O for procedures for BMPs);

3. All regular inspection and maintenance schedules;

4. Inspection checklists;

5. Copies of or references to the pertinent sections of all covenants, conditions,

restrictions, and other association documents, permits, approvals, and agreements

that govern the operation and maintenance of the stormwater management system;

and

6. Permitted or as-built plans of the stormwater water management system.

(b) When a project enters the operation and maintenance phase, the permittee must include as-

built plans in the O&M Plan upon completion of each phase of construction. The O&M

Plan must also include or reference other pertinent facility information, such as design

limitations and replacement schedules, for any components of the stormwater management

system that are needed to maintain performance as originally designed and permitted,

including those components where maintenance or replacement frequencies are less

frequent than once per year. The O&M Plan should also include a list of after-hours

telephone numbers of key maintenance personnel in case of emergencies and information

necessary for reviewing copies of maintenance and inspection records.

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(c) The operation and maintenance entity shall maintain a copy of the O&M Plan as submitted

and approved in accordance with Chapter 62-330, F.A.C. If a third-party entity performs

operation and maintenance on behalf of the owner or permittee, the permittee shall remain

responsible for all operation and maintenance requirements.

(d) The operation and maintenance entity shall periodically review the O&M plan, and at least

at the time of inspections required under section 12.5 below, to identify any new or

additional required operation and maintenance activities. The operation and maintenance

entity shall ensure that the plan is updated as needed with applicable contact information

and any new operation and maintenance requirements to ensure that the stormwater system

continues to function as designed and permitted. If any document is updated, the updated

document(s) shall be available for inspection upon request by the permitting Agency.

12.5 Inspections

(a) *All operation and maintenance entities, other than MS4 Entities, shall conduct and report

inspections in accordance with this section; except that those specific activities and best

management practices regulated by the South Florida Water Management District pursuant

to Chapter 40E-63, F.A.C., or by the Department of Agriculture and Consumer Services

pursuant to Title 5M, F.A.C., and Section 403.067(7)(c)2., F.S., shall be inspected in

accordance with such applicable rules and laws.

*

An operation and maintenance entity for

a stormwater management system shall conduct inspections as needed to ensure that the

stormwater management system, and each component thereof, continues to function as

designed and permitted. Minimum inspection frequencies are specified in table 12.1, or as

proposed by the applicant pursuant to subsection (h) below. If a system is found to be out

of compliance, then the inspection frequency may be increased to be greater than that which

was originally permitted, per rule 62-330.311 F.A.C. The operation and maintenance entity

shall employ a qualified registered professional, or a qualified inspector as described in

subsection (c) below, to inspect the stormwater treatment system. The inspector shall

submit a report to the Agency describing and certifying the results within 30 days of the

inspection. The inspector shall certify in the report that the stormwater treatment system is

operating as designed and permitted. The results of required inspections shall be filed with

the Agency using Form 62-330.311(1), “Operation and Maintenance Inspection

Certification.”Error! Bookmark not defined.

(b) An MS4 Entity shall conduct and report inspections of ERP-permitted stormwater

management systems owned or operated by the MS4 Entity in accordance with their MS4

permit requirements and any associated Standard Operating Procedures (SOPs) required

pursuant to Chapter 62-624, F.A.C.

(c) For stormwater management system inspections conducted on or after June 28, 2025 a

qualified inspector for conducting, certifying, and submitting inspection reports must, at a

minimum, either: (i) be a registered professional, (ii) include documentation that the

inspector conducted the inspection under the supervision of a registered professional, or

(iii) have completed training, and be able to provide documentation of completion, no more

than five years prior to the date of the inspection that covers the following topics:

*

Future amendments to the portion of section 12.5(a) beginning “All operation and maintenance entities…” and ending “…with

such applicable rules and laws.” shall become effective only as specified in Section 373.4131(7), F.S. (2024).

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1. The ability to read construction drawings, plans, specifications and modeling of

recovery timeframes;

2. Principles of traditional BMPs, as listed in Form 62-330.311(3), for stormwater

treatment, including functions that convey and remove pollutants from stormwater;

3. For traditional BMPs, the potential causes of failure or malfunction, replacement

needs, and reduction in treatment efficiency;

4. Understanding of the purpose, design, and function of manufactured devices or

non-traditional BMPs and the ability to ensure the device meets manufacturers’

specifications and maintenance requirements; and

5. Performance of inspections, including field inspection experience and the

completion of required reports and documentation, consistent with the

requirements of section 12 of this Volume, any relevant requirements of the

applicable Volume II, and all other applicable rules and regulations.

(d) Upon completion of the permitted stormwater management systems, dams, reservoirs,

impoundments, appurtenant work, or works, the Agency may conduct periodic inspections

to ensure the project was constructed and is being operated in compliance with the terms

and conditions of the permit, and in a manner that protects the public health and safety and

the natural resources of the state.

(e) Inspections may be performed by Agency staff during and after construction and as needed

to ensure a project is being operated and maintained in perpetuity in compliance with

permit conditions.

(f) Some projects that do not consist of or include a stormwater management system,

dam, impoundment, reservoir, or appurtenant work, whether designed by a registered

professional or not, also may be required in the permit to be regularly inspected and

monitored to ensure continued compliance with permit conditions and the functioning of

the project. This may include individual permits issued for activities at a private residential

single-family residence. For example, a residential fill pad may have been permitted with

specific requirements for slope drainage or runoff. A dock located in waters with sensitive

resources may have been permitted with conditions prohibiting mooring in certain

locations, limiting the number or size of boats to be moored at the dock, or with

requirements for handrailing or other associated structures. The permit will specify the

periodic inspections that will be required, and how the results of the inspections are to be

either retained by the permittee or reported to the Agency.

The following are examples of activities as discussed above that are subject to an initial

inspection prior to conversion to the operation phase, and then subject to routine

inspections during the operation and maintenance phase. The inspection frequency

during the operation and maintenance phase will be determined in the permit:

• Single-family dock (to verify that: handrails are constructed and are maintained to

prevent mooring of vessels in shallow waters);

• Multi-slip docking facility (to verify maintenance of manatee protection signs,

sewage pumpout facilities, or over-water fueling operation);

• Single-family lot fill (to verify lawn grading and sloping is maintained to reduce

discharges of nutrients from lawn runoff entering sensitive waters);

• Seawalls or rip rap (to verify integrity of system or shoreline plantings);

• Lands within a conservation easement (for encroachments, alterations, or

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exotic/nuisance vegetation removal) in accordance with a permit under this

chapter;

• Mitigation sites (to determine compliance with success criteria, including the

status of exotic species removals); and

• Other dredging or filling (for example, dredged material sites and dams to ensure

functioning and stability of dikes and control structures).

(g) Types of BMPs in the system. Table 12-1 lists common BMPs and their default inspection

frequencies. For stormwater systems with multiple BMPs in series, the BMP with the most

frequent inspection rate will govern the inspection rate for the entire system. These

frequencies can be altered by the permitting Agency based on the considerations in

subsection (h), below, and in accordance with this section.

Table 12-1: Inspection Frequencies for common BMPs

TYPE OF SYSTEM

INSPECTION FREQUENCY

Dry Retention basins

Once every 3 years

Exfiltration trenches

Once every 2 Years

Underground retention

Once every Year

Sand or Media Filters

Once every Year

Underdrain System

Once every 2 Years

Underground vault/chambers

Once every Year

Pump Systems

Twice every Year

Swales (treatment)

Once every 3 years

Wet Detention systems

Once every 3 years

Wet Detention systems with littoral zones

Once every 2 years

Vegetated Natural Buffers

Once every 5 years

Manufactured Devices

As manufacturer recommends in

specifications, minimum once every year

Dam Systems

Once every Year

All other

Once every Year

(h) For an operation and maintenance entity other than an MS4 Entity, the applicant or

permittee may propose a project-specific minimum inspection frequency for a stormwater

management system, with a maximum frequency of five years, at the time of application.

The permitting Agency shall allow a minimum inspection frequency, recommended by a

registered professional, that provides reasonable assurance that the proposed inspection

schedule will ensure that the system is being operated and maintained as designed and

permitted. Where an applicant’s proposed minimum inspection frequency does not provide

reasonable assurance that the minimum inspection frequency will ensure that the

stormwater management system will continue to function perpetually as designed and

permitted, the Agency shall require frequencies as listed in table 12-1. A proposed

minimum inspection frequency for a stormwater management system shall provide

historical information on the operation and maintenance of any existing stormwater

management system, as well as the specific operational and maintenance requirements of

the site, which includes the following:

1. The type, nature, and design of the design and performance standards proposed,

including any alternative designs such as pervious pavement, green roofs, cisterns,

managed aquatic plant systems, stormwater harvesting, wetland treatment trains,

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low impact designs, alum or polymer injection systems;

2. The proximity of receiving waters classified as Outstanding Florida Waters in Rule

62-302.700, F.A.C., or impaired for constituents likely to be contained in

discharges from the project;

3. The nature of the site, such as whether it is part of a port or landfill, whether it will

impound more than 40 acre-feet of water, or will include above ground

impoundments;

4. The topography, rainfall patterns, and adjacent development surrounding the

activity site, including any special basin designations within the District in which

the activity is located, as identified in paragraph 62-330.301(1)(k), F.A.C.;

5. The nature of the underlying soils, geology, groundwater, and hydrology;

6. The potential during construction and operation of the project to cause harm to

public health, safety, or welfare, or harm to water resources, water quality

standards, or water quality; and

7. Prior compliance history with the proposed design and performance type,

including whether the activity characteristics are likely to pose more than a

minimal risk for harm.

12.5.1 Inspection Requirements

Operation and maintenance entities must ensure that inspections are being conducted to ensure that

stormwater management systems are being maintained as designed and permitted. The efficiency of

stormwater management systems, dams, impoundments, and most other projects normally decreases

over time without periodic maintenance. For example, a significant reduction in the flow capacity of a

stormwater management system often can be attributed to partial blockages of its conveyance system.

Once flow capacity is compromised, flooding may result. Therefore, operation and maintenance

entities must perform periodic inspections to identify whether there are any deficiencies in structural

integrity, degradation due to insufficient maintenance, or improper operation of projects that may

endanger public health, safety, or welfare, or water resources. If deficiencies are found, the operation

and maintenance entity will be responsible for correcting the deficiencies so that the project is returned

to the operational functions required in the permit and contemplated by the design of the project as

permitted. The corrections must be done a timely manner to prevent flooding and protect water quality.

(a) Special attention shall be made during inspections to ensure that:

1. All erosion is controlled, and soil is appropriately stabilized to prevent sediment

discharge to waters in the state;

2. The system is kept free of debris, trash, garbage, oils and greases, floatables, and

other refuse;

3. Stormwater management systems that include oil and grease separators, skimmers,

or collection devices are working properly and do not allow the discharge of oils

or greases. Oils and greases or other materials removed from such a device during

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routine maintenance shall be disposed of at a sanitary landfill or by other lawful

means;

4. All structures within stormwater management systems have not become clogged

or choked with vegetative or aquatic growth to such an extent as to render them

inoperable;

5. System components have been maintained to remove sediments, debris, and other

deleterious materials to ensure that the systems continue to perform as designed

and permitted, and that their original permitted dimensions have not been altered

substantially; and

6. All system components associated with nutrient or other pollutant removal are in

good working order. Maintenance logs and records are reviewed to ensure devices

are functioning properly and are being replaced at the intervals recommended in

the operation and maintenance plan.

(b) Form 62-330.311(3) “Inspection Checklists” shall be used for reporting and supplemented

with additional information as denoted within the form. Inspection checklists shall be used

for the permitted inspections after the project has been transferred to the operation and

maintenance phase, to ensure that all system components are functioning as originally

permitted and constructed. A permittee may submit the information required on the

checklist in another format, as long as all required information is present.

(c) Unless otherwise specified in the permit, the operation and maintenance entity must

maintain a record of each inspection, including the date of inspection, the name and contact

information of the inspector, whether the system was functioning as designed and

permitted, and make such record available upon request of the Agency, in accordance with

section 12.6, below.

12.6 Reporting

(a) All forms required for reporting can be submitted to the respective Agency Internet site. If

the permittee does not use the electronic forms provided on that site, they shall be

responsible for retaining records of the inspections and for delivering such records within

30 days of request to the requesting Agency, unless a more rapid delivery is requested for

such reasons as the potential for the activity harm to water quality, water resources, public

health, or public safety.

(b) Operation and maintenance entities, other than an MS4 Entity, responsible for a stormwater

management system shall submit an inspection report to the agency describing and

certifying the results of the inspection within 30 days of the date of the inspection. A

qualified inspector shall certify the results of all such inspections. The permittee shall

submit inspection reports with the Agency using Form 62-330.311(1), “Operation and

Maintenance Inspection Certification.” Reports shall also include, as applicable:

1. Form 62-330.311(3) “Inspection Checklists;”

2. Any updated operation and maintenance cost estimates as described in section

12.3.5 of this Volume;

3. A summary of updates to the operation and maintenance plan described in section

12.4.1 of this Volume; and

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4. Any monitoring reports as may be required by a specific permit condition.

(c) Within 30 days of any failure of a stormwater management system or deviation from the

permit, a report shall be submitted electronically or in writing to the Agency using Form

62-330.311(1), “Operation and Maintenance Inspection Certification,” describing the

remedial actions taken to resolve the failure or deviation.

(d) The operation and maintenance entity of a regional stormwater management system must

notify the Agency on an annual basis, using Form 62-330.311(2), “Regional Stormwater

Management System Annual Report,” of all new systems and their associated stormwater

volumes that have been allowed to discharge stormwater into the regional system, and

confirming that the maximum allowable treatment volume of stormwater authorized to be

accepted by the regional stormwater management system has not been exceeded.

(e) The inspection and reporting requirements contained in a permit issued under Part IV of

Chapter 373, F.S., prior to June 28, 2024 shall continue to be followed in accordance with

the existing permit unless the permittee obtains a modification using the procedures in Rule

62-330.315, F.A.C., to comply with the inspection and reporting requirements of Rule 62-

330.311, F.A.C., and this section.

(f) A listing of all the forms that are incorporated by reference in Chapter 62-330, F.A.C., is

contained in Appendix C of this Volume; copies of which may be obtained from the

Agency, as described in Appendix A of this Volume and subsection 62-330.010(5), F.A.C.

12.7 Recording of Operation and Maintenance Documents and Notice of Permit

(a) Operation and maintenance documents required by sections 12.3.5 and 12.4 above, must

be submitted to the Agency for approval prior to recording. Such documents must be

recorded in public records of the county where the project is located prior to any lot or unit

sales within the project served by the system, or upon completion of construction of the

system, whichever occurs first. Final operation and maintenance documents must be

received by the Agency when maintenance and operation of the system is accepted by the

operation and maintenance entity. Failure to submit the appropriate final documents will

result in the permittee remaining liable for carrying out maintenance and operation of the

permitted system.

(b) Permittees are advised that the Agency shall cause a “Recorded Notice of Environmental

Resource Permit,” Form No. 62-330.090(1), to be recorded in the public records of the

county where the property is located in accordance with subsection 62-330.090(7), F.A.C.,

upon issuance of a permit, except for certain types of activities identified in that subsection.

12.8 Subsequent Transfers

Transfers of the permitted activity or the real property on which the permitted activity is located once

a permit is in the operation and maintenance phase are governed by the procedures described in Rule

62-330.340, F.A.C., and section 6.3 of this Volume.

A.H. Volume I

Agency Contacts

(This Appendix is not

Incorporated, June 28, 2024)

Appendix A-1

APPENDIX A

CONTACT INFORMATION AND MAPS FOR AGENCIES IMPLEMENTING THE ERP PROGRAM

The Agencies have divided responsibilities for permitting, compliance, and enforcement in accordance with

Operating and Delegation Agreements incorporated by reference in Chapter 62-113, F.A.C., and as

referenced in subsection 62-330.010(3), F.A.C.

Applications and notices are to be submitted to the correct agency. However, some applications involve

activities, a portion of which extends beyond the boundary of more than one water management district. In

such a case, Section 373.046(6), F.S., provides that the responsible Agency will be determined based on

factors such as the amount and geography of the activity’s land area, the location of the activity’s discharge

or discharges, the type of activity, prior agency history, and the terms and conditions of the Operating

Agreement in effect between the Agencies.

Electronic applications shall be filed through the applicable Agency e-permitting portal or website listed in

subsection 62-330.010(7), F.A.C., or at http://flwaterpermits.com/, or at the following Internet site of the

applicable District:

SWFWMD: http://www.swfwmd.state.fl.us/permits/

SJRWMD: http://www.sjrwmd.com/permitting/ or https://permitting.sjrwmd.com/epermitting/jsp/start.jsp

SRWMD: https://permitting.sjrwmd.com/srepermitting/jsp/start.jsp

NWFWMD: https://permitting.sjrwmd.com/nwepermitting/jsp/start.jsp

SFWMD: http://my.sfwmd.gov/ePermitting/MainPage.do

A.H. Volume I

Agency Contacts

(This Appendix is not

Incorporated, June 28, 2024)

Appendix A-2

DEPARTMENT OF ENVIRONMENTAL PROTECTION

DISTRICT AND BRANCH OFFICES

https://floridadep.gov/districts http://www.dep.state.fl.us/secretary/dist/default.htm

Northwest District:

Escambia, Holmes, Okaloosa, Santa Rosa, & Walton Counties

160 W. Governmental Street, Suite 308

Pensacola, FL 32502-5740

https://floridadep.gov/northwest/ http://www.dep.state.fl.us/northwest/

Northwest District Branch Office: Bay, Calhoun, Gulf, Jackson, & Washington Counties

2353 Jenks Avenue

Panama City, FL 32405

Northwest District Branch Office: Franklin, Gadsden, Jefferson, Leon, Liberty, & Wakulla Counties

2600 Blair Stone Road MS 55

Tallahassee, FL 32399-3000

Northeast District:

Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette, Levy,

Madison, Nassau, Putnam, St. Johns, Suwannee, Taylor & Union Counties

8800 Baymeadows Way West, Suite 100

Jacksonville, FL 32256-7590

https://floridadep.gov/northeast/

Central District:

Brevard, Lake, Marion, Orange, Osceola, Seminole, Sumter & Volusia Counties

3319 Maguire Boulevard, Suite 232

Orlando, FL 32803-3767

https://floridadep.gov/central/

http://www.dep.state.fl.us/central/

Southwest District:

Citrus, Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas & Polk Counties

13051 N. Telecom Parkway

Temple Terrace, FL 33637-0926

https://floridadep.gov/southwest/

http://www.dep.state.fl.us/southwest/

Southeast District:

Indian River, Okeechobee, St. Lucie, Martin, Palm Beach, Broward & Dade Counties

400 North Congress Avenue, Third Floor

West Palm Beach, FL 33401-2913

https://floridadep.gov/southeast/

http://www.dep.state.fl.us/southeast/

South District:

Charlotte, Collier, DeSoto, Highlands, Hendry, Glades, Lee & Sarasota Counties

2295 Victoria Avenue, Suite 364

Fort Myers, FL 33901-2549

https://floridadep.gov/south/

South District Marathon Branch Office: Monroe County

2796 Overseas Highway, Suite 221

Marathon, FL 33050-4276

A.H. Volume I

Agency Contacts

(This Appendix is not

Incorporated, June 28, 2024)

Appendix A-3

Figure 1A

A.H. Volume I

Agency Contacts

(This Appendix is not

Incorporated, June 28, 2024)

Appendix A-4

WATER MANAGEMENT DISTRICTS

Water management districts: contact information is available at the Department’s site https://floridadep.gov/water-

policy/water-policy/content/water-management-districts at the permitting portal http://flwaterpermits.com/ and at

individual water management district web sites.

A.H. Volume I

Agency Contacts

(This Appendix is not

Incorporated, June 28, 2024)

Appendix A-5

Northwest Florida Water Management District:

Contact the nearest Field Office http://www.nwfwater.com/contact-us/locations/

http://www.nwfwater.com/permits/environmental-resource-permits/

Headquarters (ERP) DeFuniak Springs Office

152 Water Management Dr. 700 U.S. Highway 331 South

Havana, FL 32333 DeFuniak Springs, Florida 32435

Tel. (850) 951-4660

Figure 1B:

Northwest Florida Water Management District Geographic Limits

and Office Responsibilities

Note: Electronic applications can be submitted to the NWFWMD via the web. Paper applications can be submitted to the office

covering the geographic area in which the project is located.

A.H. Volume I

Agency Contacts

(This Appendix is not

Incorporated, June 28, 2024)

Appendix A-6

SUWANNEE RIVER WATER MANAGEMENT DISTRICT

Contact the Resource Management Division

https://www.mysuwanneeriver.com/

http://webapub.sjrwmd.com/agws10/fpperp1/

Resource Management Division

9225 CR 49

Live Oak, FL 32060

resourcemanagement@srwmd.org

386.362.1001

A.H. Volume I

Agency Contacts

(This Appendix is not

Incorporated, June 28, 2024)

Appendix A-7

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Contact the District Headquarters

http://www.flwaterpermits.com/home/stjohns_inside.jsp

http://www.SJRWMD.com

ePermitting: http://floridaswater.com/permitting/

District Headquarters, Division of Permit Data Services

4049 Reid Street

Palatka, Florida 32177-2529

P.O. Box 1429

Palatka, FL 32178-1429

A.H. Volume I

Agency Contacts

(This Appendix is not

Incorporated, June 28, 2024)

Appendix A-8

Southwest Florida Water Management District

Contact the nearest Tampa Service Center or the nearest

http://www.flwaterpermits.com/home/swfwmd_inside.jsp

Regulation Department office as depicted below: http://www.WaterMatters.org

ePermitting:

http://www.swfwmd.state.fl.us/permits/

Tampa Service Office

7601 US Hwy. 301

Tampa, FL 33637-6759

A.H. Volume I

Agency Contacts

(This Appendix is not

Incorporated, June 28, 2024)

Appendix A-9

South Florida Water Management District

Contact the nearest Service Center or the Regulation http://www.flwaterpermits.com/home/sfwmd_inside.jsp

Reception Desk http://www.sfwmd.gov/ePermitting

http://my.sfwmd.gov/portal/page/portal/levelthree/permits, or

at any of the District’s Service Centers online at

http://my.sfwmd.gov/portal/page/portal/xrepository/sfwmd_repository_pdf/motormap.pdf

• Broward, Miami-Dade, Monroe and Palm Beach counties

SFWMD Headquarters

Building B-1

3301 Gun Club Road

West Palm Beach, FL 33406

Phone: (561) 682-6736

• Charlotte, Collier, Hendry and Lee counties

Fort Myers Service Center

2301 McGregor Blvd.

Fort Myers, FL 33901

Phone: (239) 338-2929

• Glades, Highlands, Martin, Okeechobee and St. Lucie counties

Okeechobee Service Center

3800 NW 16th Blvd., Suite A

Okeechobee, FL 34972

Phone: (863) 462-5260

• Orange, Osceola and Polk counties

Orlando Service Center

1707 Orlando Central Parkway

Orlando, FL 32809

Phone: (407) 858-6100

A.H. Volume I

Agency Contacts

(This Appendix is not

Incorporated, June 28, 2024)

Appendix A-10

Local Governments with Delegated Authority

1. Broward County:

Agreement dated 7/19/2001: https://floridadep.gov/water/submerged-lands-environmental-resources-

coordination/content/erp-local-program-delegation

http://www.dep.state.fl.us/water/wetlands/docs/erp/BrowardCoDeleg.pdf

http://www.broward.org/permittingandlicensing/Pages/Default.aspx

Broward County Environmental Protection and Growth Management Department,

Environmental Licensing and Building Permitting Division

1 North University Drive, Suite 201

Plantation, FL 33324, (954)519-1483

2. Environmental Protection Commission of Hillsborough County:

Agreement dated 2/9/2012:

https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/erp-local-program-

delegation

http://fl-hillsboroughcountyepc.civicplus.com/

Executive Director

Environmental Protection Commission

3629 Queen Palm Dr.

Tampa, FL 33619

A.H. Volume I

Operating and Delegation Agreements

(This Appendix is not

Incorporated, June 28, 2024)

Appendix B-1

APPENDIX B

OPERATING AND DELEGATION AGREEMENTS BETWEEN THE DEPARTMENT, WATER

MANAGEMENT DISTRICTS, and DELEGATED LOCAL GOVERNMENTS

The following Operating Agreements have been executed between the Department and the Districts to implement

the divisions of responsibilities for implementing the environmental resource permitting program under Part IV of

Chapter 373, F.S. These Agreements are cited in subsection 62-330.010(3), F.A.C., and are incorporated by

reference in Chapter 62-113, F.A.C.:

#10-1 Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida

Water Management District and Department of Environmental Protection, effective October 1, 2013, incorporated

by reference in paragraph 62-113.100(3)(aa), F.A.C. (October 1, 2013).

#07-2: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between Suwannee River

Water Management District and Department of Environmental Protection, dated July 1, 2007, incorporated by

reference in paragraph 62-113.100(3)(m), F.A.C., and subsection 40B-400.091(2), F.A.C. (June 7, 2010).

#07-4: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River

Water Management District and Department of Environmental Protection, dated July 1, 2007, incorporated by

reference in paragraph 62-113.100(3)(x), F.A.C., and subsection 40C-4.091(1)(b), F.A.C. (May 27, 2012).

#07-3: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between the Southwest

Florida Water Management and Department of Environmental Protection, dated July 1, 2007, incorporated by

reference in paragraph 62-113.100(3)(s), F.A.C., and subsection 40D-4.091(2), F.A.C. (August 1, 2012).

#07-1: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between South Florida

Water Management District and Department of Environmental Protection, dated July 1, 2007, incorporated by

reference in paragraph 62-113.100(3)(f), F.A.C., and subsection 40E-4.091(1)(c), F.A.C., May 27, 2012

The following Delegation Agreements have been executed between the Department and Local Governments to

delegate responsibilities of the Agencies for implementing the environmental resource permitting program under

Part IV of Chapter 373, F.S. These Agreements are in subsection 62-330.010(5), F.A.C., and are incorporated by

reference in Chapter 62-113, F.A.C:

#01-1: Delegation Agreement Between the Florida Department of Environmental Protection, the South Florida

Water Management District, and Broward County Regarding Implementation of Environmental Resource

Permitting, Compliance, and Enforcement, under Part IV, Chapter 373, F.S., dated May 22, 2001, incorporated by

reference in paragraph 62-113.100(2)(o), F.A.C.

#11-1: Delegation Agreement Between the Florida Department of Environmental Protection and the

Environmental Protection Commission, Hillsborough County, Regarding Implementation of Environmental

Resource Permitting, Compliance, and Enforcement, under Part IV, Chapter 373, F.S., effective date December

13, 2011, incorporated by reference in paragraph 62-113.100(2)(p), F.A.C., dated May 22, 2001.

Additional Operating Agreements, Memoranda of Understandings, and Delegation Agreements may be accessed

at:

https://floridadep.gov/ogc/ogc/content/operating-agreements

A.H. Volume I

Forms for Chapter 62-330, F.A.C.

(This Appendix is not

Incorporated, June 28, 2024)

Appendix C-1

APPENDIX C

FORMS

The following forms incorporated for use in Chapter 62-330, F.A.C., (as identified by the Form number)

are listed below.

Form No. Title

Form 62-330.050(1) “Request for Verification of an Exemption”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02468

]

Form 62-330.0511(1) “Notice of Intent to Construct a Minor Silvicultural System”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02510

]

Form 62-330.060(1) Section A “Application for Individual and Conceptual Approval Environmental Resource

Permit, State 404 Program Permit, and Authorization to Use State-Owned Submerged

Lands” [https://www.flrules.org/Gateway/reference.asp?No=Ref-12036

]

Section B: For Single-Family Projects

[https://www.flrules.org/Gateway/reference.asp?No=Ref-12036

]

Section C: Supplemental Information for Works or Other Activities In, On, Over

Wetlands and/or Other Surface Waters

[https://www.flrules.org/Gateway/reference.asp?No=Ref-12036

]

Section D: Supplemental Information For Works or Other Activities Within Surface

Waters [https://www.flrules.org/Gateway/reference.asp?No=Ref-12036

]

Section E: Supplemental Information Required for Works or Other Activities Involving a

Stormwater Management System (Other Than a Single-Family Project

[https://www.flrules.org/Gateway/reference.asp?No=Ref-12036

]

Section F: Application For Authorization to Use State-Owned Submerged Lands

[https://www.flrules.org/Gateway/reference.asp?No=Ref-12036

]

Section G: Supplemental Information Required for Mitigation Banks

[https://www.flrules.org/Gateway/reference.asp?No=Ref-12036

]

Section H: Supplemental Information for Stormwater Management Systems for Mines

[https://www.flrules.org/Gateway/reference.asp?No=Ref-12036

]

Section I: Supplemental Information for State 404 Program Permits

[https://www.flrules.org/Gateway/reference.asp?No=Ref-12036

]

Attachments 1-3: Application Form Instructions, Agency Contacts, and Application Fees

[

http://www.dep.state.fl.us/water/wetlands/erp/forms.htm]

Form 62-330.090(1) “Recorded Notice of Environmental Resource Permit”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-09362

]

Form 62-330.201(1) “Chapter 62-340, F.A.C., Data Form”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-12037

]

Form 62-330.201(2) “Petition for a Formal Determination of the Landward Extent of Wetlands and Other

Surface Waters” [https://www.flrules.org/Gateway/reference.asp?No=Ref-12038

]

Form 62-330.301(1) “Performance Bond To Demonstrate Financial Assurance for Mitigation”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02472

]

Form 62-330.301(2) “Irrevocable Letter of Credit to Demonstrate Financial Assurance for Mitigation”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02473

]

A.H. Volume I

Forms for Chapter 62-330, F.A.C.

(This Appendix is not

Incorporated, June 28, 2024)

Appendix C-2

Form 62-330.301(3) “Standby Trust Fund Agreement to Demonstrate Financial Assurance for Mitigation”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02474

]

Form 62-330.301(4) “Trust Fund Agreement to Demonstrate Financial Assurance for Mitigation”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02477

]

Form 62-330.301(5) “Escrow Agreement”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02476

]

Form 62-330.301(6) “Guarantee Bond To Demonstrate Financial Assurance for Mitigation”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02488

]

Form 62-330.301(8) “Deed of Conservation Easement, Standard”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02489

]

Form 62-330.301(9) “Deed of Conservation Easement, Standard, With Third Party Beneficiary Rights”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02490

]

Form 62-330.301(10) “Deed of Conservation Easement – Passive Recreational Uses”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02491

]

Form 62-330.301(11) “Deed of Conservation Easement – Riparian Uses”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02492

]

Form 62-330.301(12) “Deed of Conservation Easement for Local Governments”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02493

]

Form 62-330.301(13) “Deed of Conservation Easement with Third Party Beneficiary Rights to the U.S. Army

Corps of Engineers"

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02494

]

Form 62-330.301(14) “Declaration of Restrictive Covenants”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02495

]

Form 62-330.301(15) “Declaration of Restrictive Covenants –Insert”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02496

]

Form 62-330.301(16) “Temporary Easement for Construction Access”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02497

]

Form 62-330.301(17) “Permanent Access Easement” [https://www.flrules.org/Gateway/reference.asp?No=Ref-

02498]

Form 62-330.301(18) “Joint Deed of Conservation Easement – Standard (within Broward County),”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-09377

]

Form 62-330.301(19) “Joint Deed of Conservation Easement — Third Party Beneficiary Rights (within

Broward County),” [http://www.flrules.org/Gateway/reference.asp?No=Ref-09378

]

Form 62-330.301(20) “Joint Deed of Conservation Easement — Passive Recreational Uses (within Broward

County),” [http://www.flrules.org/Gateway/reference.asp?No=Ref-09379

]

Form 62-330.301(21) “Joint Deed of Conservation Easement — Riparian Uses (within Broward County),”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-09380

]

Form 62-330.301(22) “Joint Deed of Conservation Easement — Local Governments (within Broward

County),” [http://www.flrules.org/Gateway/reference.asp?No=Ref-09381

]

Form 62-330.301(23) “Joint Deed of Conservation Easement — Third Party Beneficiary Rights to the U.S.

Army Corps of Engineers (within Broward County),”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-09382

]

Form 62-330.301(24) “Deed of Conservation Easement for Mitigation Banks – Third Party Beneficiary Rights

to the U.S. Army Corps of Engineers,”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-09383

]

A.H. Volume I

Forms for Chapter 62-330, F.A.C.

(This Appendix is not

Incorporated, June 28, 2024)

Appendix C-3

Form 62-330.301(25) “Dam System Information”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-15353

]

Form 62-330.301(26) “Certification of Financial Capability for Perpetual Operations and Maintenance Entities”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-15356

]

Form 62-330.310(1) “As-Built Certification and Request for Conversion to Operation Phase”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02499

]

Form 62-330.310(2) “Request For Transfer of Environmental Resource Permit to the Perpetual Operation and

Maintenance Entity” [https://www.flrules.org/Gateway/reference.asp?No=Ref-15357

]

Form 62-330.310(3) “Construction Completion and Inspection Certification for Activities Associated With a

Private Single-Family Dwelling Unit”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02501

]

Form 62-330.311(1) “Operation and Maintenance Inspection Certification”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02502

]

Form 62-330.311(2) “Regional Stormwater Management System Annual Report”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02503

]

Form 62-330.311(3) “Inspection Checklists”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-15359

]

Form 62-330.311(4) “Condition Assessment Report”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-15360

]

Form 62-330.340(1) “Request to Transfer Environmental Resource Permit and/or State 404 Program Permit”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-12039

]

Form 62-330.350(1) “Construction Commencement Notice”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02505

]

Form 62-330.360(1) “Emergency Field Authorization”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02506

]

Form 62-330.402(1) “Notice of Intent to Use an Environmental Resource and/or State 404 Program General

Permit” [https://www.flrules.org/Gateway/reference.asp?No=Ref-12040

]

Form 62-330.417(1) “Agreement to Maintain Public Access”

[http://www.flrules.org/Gateway/reference.asp?No=Ref-02508

]

Form 62-330.417(2) “Agreement to Maintain Public Access and Operate Stormwater System”

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02509

]

All forms are listed by rule number, which is also the form number, and with the subject title and effective

date. Copies of forms may be obtained from the above Internet links, or from any local district or branch

office of the Agencies (see subsection 62-330.010(5), F.A.C., and Appendix A).

A.H. Volume I

Processing Fees

(This Appendix is not

Incorporated, June 28, 2024)

Appendix D-1

APPENDIX D

PROCESSING FEES

PROCESSING FEES REQUIRED FOR APPLICATIONS, NOTICES, AND PETITIONS

SUBMITTED TO THE AGENCIES ARE ACCESSIBLE AT:

• Submittals to the Department or the Northwest Florida Water Management District — Rule 62-

4.050(4)(h) , F.A.C. [https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62-4

]

• Submittals to the Suwannee River Water Management District — Rule 40B-1.706, F.A.C.

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02534

]

• Submittals to the St. Johns River Water Management District — Rule 40C-1.603, F.A.C.

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02535

]

• Submittals to the Southwest Florida Water Management District — Rule 40D-1.607, F.A.C.

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02536

]

• Submittals to the South Florida Water Management District — Rule 40E-1.607, F.A.C.

[https://www.flrules.org/Gateway/reference.asp?No=Ref-02537

]

These rules are incorporated by reference in Rule 62-330.071, F.A.C.

For applications, notices, or petitions that are the responsibility of a local government delegated to

implement Chapter 62-330, F.A.C., in accordance with Section 373.441, F.S., the processing fee shall be

submitted to the local government in accordance with the fee schedule of the local government as authorized

in the Delegation Agreement between the Department and the local government incorporated by reference

in Chapter 62-113, F.A.C.

• Broward County - http://www.broward.org//Environment/Engineering/Pages/Default.aspx

• Hillsborough County - http://www.epchc.org/

A.H. Volume I

Operating Agreement between Jacksonville

District USACE, DEP and all WMDs

(This Appendix is not

Incorporated, June 28, 2024)

Appendix E-1

APPENDIX E

OPERATING AGREEMENT BETWEEN JACKSONVILLE DISTRICT USACE, DEP, AND ALL

WMDS

[Appendices E, F, G, H, I, J, K, L, M, N, and O are located in a separate document because of size;

title pages are included here because they are all part of Applicant’s Handbook, Volume I]

A.H. Volume I

Bald and Golden Eagle Protection Act

(This Appendix is not

Incorporated, June 28, 2024)

Appendix F-1

APPENDIX F

Bald and Golden Eagle Protection Act

A.H. Volume I

USFWS Habitat Management Guidelines for

June 28, 2024

the Wood Stork in the Southeast Region

Appendix G-1

APPENDIX G

USFWS Habitat Management Guidelines for the Wood Stork in the Southeast Region

A.H. Volume I

National Bald Eagle Management Guidelines

June 28, 2024

Appendix H-1

APPENDIX H

National Bald Eagle Management Guidelines

A.H. Volume I

Mine Stormwater Management Systems

June 28, 2024

Appendix I-1

APPENDIX I

Mine Stormwater Management Systems

A.H. Volume I

Chapter 62-340, F.A.C. Data Form Guide

(This Appendix is not

Incorporated, June 28, 2024)

Appendix J-1

APPENDIX J

Chapter 62-340, F.A.C. Data Form Guide

A.H. Volume I

Chapter 62-340, F.A.C. Data Form Instructions

(This Appendix is not

Incorporated, June 28, 2024)

Appendix K-1

APPENDIX K

Chapter 62-340, F.A.C. Data Form Instructions

A.H. Volume I

Additional Criteria for Dam Systems

June 28, 2024

Appendix L-1

APPENDIX L

Additional Criteria for Dam Systems

A.H. Volume I

Rainfall Criteria

June 28, 2024

Appendix M-1

APPENDIX M

Rainfall Criteria

A.H. Volume I

Mean Annual Runoff Coefficients (ROC Value)

June 28, 2024

Appendix N-1

APPENDIX N

Mean Annual Runoff Coefficients (ROC Value) as a Function of DCIA Percentage and Non-DCIA

Curve Number

A.H. Volume I

Traditional BMP Treatment Efficiencies

June 28, 2024

Appendix O-1

APPENDIX O

Traditional BMP Treatment Efficiencies