40D-4.041: Permits Required
40D-4.321: Duration of Permit
40D-4.331: Modification of Permits
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to provide greater flexibility for conceptual ERP permits by reducing the level of application detail required and extending the duration of conceptual permits. This rulemaking will also clarify the circumstances under which subsequent rule changes will not affect projects constructed pursuant to a conceptually approved design.
SUMMARY: A conceptual permit is an environmental resource permit that approves the concepts of a phased development master plan. Under current rules, a conceptual permit “locks in” current rule criteria for all subsequent construction phases of the project. Additionally, issuance of a conceptual permit constitutes State Water Quality Certification. Although the level of detail required in a conceptual permit application is less than that required for a construction permit, the level of detail required to justify locking in current rules and to grant State Water Quality Certification is substantial and nearly as great as that required for a construction permit. The substantial level of detail required can be a disincentive to potential applicants. The proposed amendments to Chapter 40D-4, F.A.C., will allow more flexibility and require less detail in applications for conceptual permits. subsection 40D-4.021(3), F.A.C., defines the term “Conceptual Permit” Revisions are proposed to the current definition such that each subsequent construction phase will be reviewed under the permitting criteria in effect at the time the permit application is filed. Rule 40D-4.041, F.A.C., establishes the criteria by which an Environmental Resource Permit is required. Paragraph 40D-4.041(2)(c), F.A.C., specifically relates to conceptual permits. Revisions are proposed to the language in this section to clearly state that the elements of a conceptually approved design that will be binding on the District are those expressly stated in that permit. These design concepts will not be affected by subsequent rule changes so long as the permit is valid. Additional revisions are proposed to this section to make it clear that design concepts approved in a conceptual permit that will contribute to the degradation of a water body designated as impaired pursuant to Rule 62-303, F.A.C., or are inconsistent with an adopted Total Maximum Daily Load (TMDL) or Basin Management Action Plan (BMAP) will not be binding on the District. Rule 40D-4.321, F.A.C., establishes the duration of Environmental Resource Permits, including conceptual permits. This rule currently provides a two-year duration for conceptual permits but allows the permit to remain valid so long as the phases are constructed consistent with the conceptual permit. Revisions are proposed to this section to change the duration of a conceptual permit from two years to five years. Rule 40D-4.331, F.A.C., allows a conceptual permit to be extended up to two years and a construction permit to be extended for five years. The proposed rule amendment will allow conceptual permits to be extended for an additional five years following approval of each construction phase.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.403, 373.413, 373.416, 373.416(1), 373.426, 373.427, 373.429, 373.805 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen E. West, Deputy General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE FULL TEXT OF THE PROPOSED RULE IS:
When used in this chapter and Chapters 40D-40 and 40D-400, F.A.C.:
(1) through (2) No change.
(3) “Conceptual Permit” means an Environmental Resource Permit that
issued by the District which approves the design concepts of a phased development master plan for a surface water management system or for a mitigation bank which is binding upon the District and the permittee based upon the rules in effect at the time of filing of the conceptual application and constitutes final District action so that construction and operation permits for each phase will be reviewed under the permitting criteria in effect when the application for the conceptual permit was filed.
(4) through (22) No change
Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.403, 373.413 FS. History–Readopted 10-5-74, Formerly 16J-4.02, Amended 10-1-84, 3-1-88, 9-11-88, 10-3-95, 7-23-96, 2-27-02, 9-26-02, 2-19-04, 2-6-07,________.
40D-4.041 Permits Required.
(1) No change.
(2) The District issues the following types of Environmental Resource Permits:
(a) through (b) No change.
(c) Conceptual permits are individual permits for mitigation banks and projects to be developed in phases that
which approve the design concepts of a phased development master plan. Construction and operation permits for each phase must meet the conditions for issuance in Rules 40D-4.301 and 40D-4.302, F.A.C., in effect when the application for the construction permit is filed. Design concepts approved by the District in the conceptual permit will be expressly stated in that permit and shall not be affected by subsequent rule changes so long as the permit is valid. Design concepts approved in a conceptual permit that will contribute to the degradation of a water body on the verified list of impaired waters adopted pursuant to Rule 62-303, F.A.C., or are inconsistent with an adopted TMDL or BMAP shall not be binding on the District. A conceptual permit does not authorize construction, alteration, operation, or abandonment of a surface water management system or establishment of a mitigation bank.
(d) No change.
(3) through (6) No change.
Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.413, 373.416, 373.426, 373.427 FS. History– Readopted 10-5-74, Amended 12-31-74, 9-4-77, 6-7-78, Formerly 16J-4.04, 16J-4.10(1), (2), (4), Amended 10-1-84, 3-1-88, 10-3-95, 7-23-96, 10-16-96, 4-17-97, 10-11-01, 7-16-02, 9-26-02, 3-26-03,________.
40D-4.321 Duration of Permit.
(1) Unless revoked, extended, or otherwise modified, the duration of an Environmental Resource Permit issued pursuant to this chapter is:
Two years from the date of issuance , or the date specified as a condition of the permit for a conceptual permit, unless within that period an application for a construction permit is approved filed for any portion of the project. If an the application for a construction permit is approved and construction is commenced according to Rule 40D-4.321, F.A.C., then the conceptual permit remains is valid for the term of the construction permit. Multiple construction permits may be approved for projects approved by a conceptual permit, and the latest date calculated from any related construction permit will determine the duration of the conceptual permit. Conceptual permits that have no construction permit approved for a period of five years shall expire automatically at the end of the five-year period. A construction permit that constitutes a substantial modification of the conceptual permit shall not extend the duration of the conceptual permit. For the purposes of this section, the term “substantial modification” shall mean a modification that is reasonably expected to lead to substantially different water resource or environmental impacts and requires a detailed review. A construction permit that constitutes a substantial modification of the conceptual permit must comply with the same criteria as new applications so long as the conceptually permitted phases are under construction consistent with a phased development master plan for a surface water management system that has been permitted by the District. If construction of the permitted phases is discontinued or is inconsistent with the phased development master plan then the conceptual permit shall expire.
(b) through (e) No change.
Conceptual P permits expire automatically at the end of their duration as described herein unless modified pursuant to Rule 40D-4.331, F.A.C.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416 FS. History–New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96,________.
40D-4.331 Modification of Permits.
An application for modification of an Environmental Resource Permit shall be processed in accordance with this rule, unless the permit is revoked
, suspended or expired.
(1) through (3) No change.
(4) Application for permit modification to
renew or extend the existing permit duration shall occur by formal application and review, and such requests shall be submitted no sooner than 180 days prior to the permit expiration date.
(a) A modification seeking extension of a
for construction permit renewal will be granted if it is reasonably assured by the applicant and determined that any completed construction is in compliance with a currently valid permit, and the proposed construction will be in compliance with the District's rules in effect at the time the application for modification to extend renew is filed.
Applications for conceptual permit or renewal and site conditions assessment permit may be extended if the permit complies renewal or extension must comply with the same criteria as new applications.
(c) Each modification to
renew or extend can be granted for a duration as needed, up to five years for construction permits and site conditions assessment permits, and up to two years for conceptual permits.
Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.413, 373.416(1), 373.429, 373.805 FS. History– Readopted 10-5-74, Formerly 16J-4.13, Amended 10-1-84, 3-1-88, 10-1-88, 6-29-93, 10-3-95, 7-23-96, 2-1-05, 2-6-07,_________.