Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-4 - WORKS OF THE DISTRICT PERMITS › Section 40B-4.1140 - Limiting Conditions on Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The District shall impose on permits granted under this chapter such reasonable
				conditions as are necessary to assure that the permitted project, activities,
				operations, or development in a Work of the District will be consistent with
				the overall objectives of the District, will not be harmful to the water
				resources in the District, and will not endanger public health or
				safety.
(2) The following standard
				limiting conditions shall be a part of all permits issued pursuant to this
				chapter unless waived or modified by the District.
(a) The permittee shall perform all
				construction authorized in a manner so as to minimize adverse impacts to fish,
				wildlife, natural environmental values, and water quality. The permittee shall
				institute necessary measures during construction, including riprap,
				reinforcement, or compaction of any fill materials placed around newly
				installed residential and non-residential structures, to minimize erosion,
				turbidity, nutrient loading, and sedimentation in the receiving
				waters.
(b) Immediately prior to,
				during construction, and for the period of time after construction to allow for
				stabilization of all disturbed areas, the permittee shall implement and
				maintain performance based erosion and sediment control best management
				practices. All best management practices shall be in accordance with the
				guidelines and specifications described in the State of Florida Stormwater,
				Erosion and Sedimentation Control Inspectors Manual,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03047
,
				effective July 2008. This document is incoporated herein by reference and may
				be obtained from the District website at
http://www.mysuwanneeriver.com/Permitting
,
				or by writing to the Suwannee River Water Management District, 9225 County Road
				49, Live Oak, Florida 32060. If project-specific conditions require additional
				measures beyond those specified in the erosion and sediment control plan, if
				approved as part of the permit, the permittee shall implement the additional
				best management practices as necessary. The permittee shall correct any erosion
				or shoaling that causes adverse impacts to the water resources or adjacent
				properties.
(c) Noticed General and
				General permits shall be transferred to the operational and maintenance phase
				automatically upon the completion of the work or development in a Work of the
				District. The operational and maintenance phase of individual permits shall be
				transfered following the criteria in the Applicant's Handbook Volume II
				(Effective August 1, 2013), incorporated by reference in subsection
				 40B-4.1090(3),
				F.A.C., and Chapter 62-330, F.A.C. Abandonment permits will not become
				effective until the owner or his authorized agent certifies that all facilities
				have been removed in accordance with the permit. Within 30 days after the
				completion of the removal of the work or development in a Work of the District,
				the owner or his authorized agent shall complete an As-Built Certification Form
				 40B-1.901 A (Effective August 1,
				2013), incorporated by reference in subsection
				 40B-4.1130(2),
				F.A.C., . When the completed removal of the work or development in a Work of
				the District differs substantially from the permitted plans, any substantial
				deviations shall be noted and explained and two copies of as-built drawings
				submitted to the District. Submittal of the completed form shall serve to
				notify the District that the removal of the work or development in a Work of
				the District is complete and ready for inspection. The plans must be clearly
				labeled as "as-built" or "record" drawing. All surveyed dimensions and
				elevations shall be certified by a registered surveyor.
(d) The operation phase of individual and
				abandonment permits shall not become effective until the permittee has complied
				with the requirements of the condition in the paragraph above. Until the permit
				is transferred pursuant to Rule
				 40B-4.1130, F.A.C., the
				permittee shall be liable for compliance with the terms of the
				permit.
(e) Off-site discharges
				during and after construction shall be made only through the facilities
				authorized by the permit. Water discharged from the project shall be through
				structures suitable for regulating upstream stage if so required by the
				District. Such discharges may be subject to operating schedules established by
				the District.
(f) The permittee
				shall hold and save the District harmless from any and all damages, claims, or
				liabilities which may arise by reason of the construction, operation,
				maintenance, alteration, abandonment, work, or development in a Work of the
				District which is authorized by the permit.
(g) The permit is issued based on the
				information submitted by the applicant which reasonably demonstrates that
				adverse off-site water resource impacts will not be caused by the permitted
				activity. It is the responsibility of the permittee to insure that such adverse
				impacts do not in fact occur either during or after construction.
(h) This permit does not eliminate the
				necessity to obtain any required federal, state, local and special District
				authorizations prior to the start of any activity approved by this permit. It
				is the responsibility of the permittee to obtain all other clearances, permits,
				or authorizations required by any unit of federal, state, or local government
				or special District. Should any other regulatory agency require changes to the
				permitted system, the permittee shall provide written notification to the
				District of the changes prior to implementation so that a determination can be
				made whether a permit modification is required.
(i) This permit does not convey to the
				permittee or create in the permittee any property right, or any interest in
				real property, nor does it authorize any entrance upon or activities on
				property which is not owned or controlled by the permittee, or convey any
				rights or privileges other than those specified in the permit and in Chapter
				40B-4, F.A.C.
(j) All activities
				shall be implemented as set forth in the plans, specifications and performance
				criteria as approved by this permit. Any deviation from the permitted activity
				and the conditions for undertaking that activity shall constitute a violation
				of this permit.
(k) Each phase or
				independent portion of the permitted work or development in a Work of the
				District must be completed in accordance with the permit conditions prior to
				the initiation of the permitted use of site infrastructure located within the
				area served by that portion or phase of the work or development. Each phase or
				independent portion of the work or development must be completed in accordance
				with the permitted plans and permit conditions prior to transfer of
				responsibility for operation and maintenance of that phase or portion of the
				work or development to an approved entity.
(l) This permit or a copy thereof, complete
				with all conditions, attachments, exhibits, and modifications, shall be kept at
				the work site of the permitted activity. The complete permit shall be available
				for review at the work site upon request by District staff. The permittee shall
				require the contractor to review the complete permit prior to commencement of
				the activity authorized by this permit.
(m) At least 48 hours prior to commencement
				of activity authorized by this permit, the permittee shall submit to the
				District a Construction Commencement Notice Form No.
				 40B-1.901(19),
http://www.flrules.org/Gateway/reference.asp?No=Ref-03166
,
				effective August, 2013, indicating the actual start date and the expected
				completion date. This document is incorporated herein by reference and may be
				obtained from the District website at
http://www.mysuwanneeriver.com/Permitting
,
				or by writing to the Suwannee River Water Management District, 9225 County Road
				49, Live Oak, Florida 32060.
(n)
				For those works or developments which will be operated or maintained by an
				entity requiring an easement or deed restriction in order to provide that
				entity with the authority necessary to operate or maintain the work or
				development, such easement or deed restriction, together with any other final
				operation or maintenance documents as are required by paragraph Part VI of the
				Applicants Handbook Volume II, must be submitted to the District for approval.
				Documents meeting the requirements set forth in these subsections of District
				rules will be approved. Deed restrictions, easements and other operation and
				maintenance documents which require recordation either with the Secretary of
				State or Clerk of the Circuit Court must be so recorded prior to lot or unit
				sales within the project served by the work or development, or upon completion
				of construction of the work or development, whichever occurs first. For those
				works or developments which are proposed to be maintained by county or
				municipal entities, final operation and maintenance documents must be received
				by the District when maintenance and operation of the work or development is
				accepted by the local governmental entity. Failure to submit the appropriate
				final documents referenced in this paragraph will result in the permittee
				remaining liable for carrying out maintenance and operation of the permitted
				work or development.
(o) The
				permittee is hereby advised that Section
				 253.77, F.S., states that a
				person may not commence any excavation, construction, or other activity
				involving the use of sovereign or other lands of the state, the title to which
				is vested in the Board of Trustees of the Internal Improvement Trust Fund
				without obtaining the required lease, license, easement, or other form of
				consent authorizing the proposed use. Therefore, the permittee is responsible
				for obtaining any necessary authorizations from the Board of Trustees prior to
				commencing activity on sovereignty lands or other state-owned lands.
(p) All transfers of ownership or transfers
				of a permit are subject to the requirements of Rule
				 40B-4.1130, F.A.C. The permittee
				transferring the permit shall remain liable for any corrective actions that may
				be required as a result of any permit violations prior to such sale, conveyance
				or other transfer.
(q) Upon
				reasonable notice to the permittee, District authorized staff with proper
				identification shall have permission to enter, inspect, sample and test the
				work or development to insure conformity with the plans and specifications
				approved by the permit.
(r) If
				historical or archaeological artifacts are discovered at any time on the
				project site, the permittee shall immediately notify the District. If evidence
				of the existence of historic resources is discovered or observed at permitted
				project sites or during permitted activities after a permit is issued, the
				applicant, owner, contractor, or agent thereof shall notify the District and
				the Division of Historical Resources, Compliance and Review Section within two
				working days. Examples of such evidence include whole or fragmentary stone
				tools, shell tools, aboriginal or historic pottery, historic glass, historic
				bottles, bone tools, historic building foundations, shell mounds, shell
				middens, or sand mounds.
(s) The
				permittee shall immediately notify the District in writing of any previously
				submitted information that is later discovered to be
				inaccurate.