Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.301 - Conditions for Issuance of Individual and Conceptual Approval Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) To obtain an individual or conceptual
				approval permit, an applicant must provide reasonable assurance that the
				construction, alteration, operation, maintenance, removal, or abandonment of
				the projects regulated under this chapter:
(a)
				Will not cause adverse water quantity impacts to receiving waters and adjacent
				lands;
(b) Will not cause adverse
				flooding to on-site or off-site property;
(c) Will not cause adverse impacts to
				existing surface water storage and conveyance capabilities;
(d) Will not adversely impact the value of
				functions provided to fish and wildlife and listed species by wetlands and
				other surface waters;
(e) Will not
				adversely affect the quality of receiving waters such that the state water
				quality 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., 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;
(f) Will not cause adverse secondary impacts
				to the water resources. In addition to the criteria in this subsection and in
				subsection  62-330.301(2),
				F.A.C., in accordance with Section
				 373.4132, F.S., an applicant
				proposing the construction, alteration, operation, maintenance, abandonment, or
				removal of a dry storage facility for 10 or more vessels that is functionally
				associated with a boat launching area must also provide reasonable assurance
				that the facility, taking into consideration any secondary impacts, will meet
				the provisions of paragraph
				 62-330.302(1)(a),
				F.A.C., including the potential adverse impacts to manatees;
(g) Will not adversely impact the maintenance
				of surface or ground water levels or surface water flows established pursuant
				to Section  373.042, F.S.;
(h) Will not cause adverse impacts to a Work
				of the District established pursuant to Section
				 373.086, F.S.;
(i) Will be capable, based on generally
				accepted engineering and scientific principles, of performing and functioning
				as proposed;
(j) Will be conducted
				by a person with the financial, legal and administrative capability of ensuring
				that the activity will be undertaken in accordance with the terms and
				conditions of the permit, if issued; and
(k) Will comply with any applicable special
				basin or geographic area criteria established as follows:
1. Within the Northwest Florida Water
				Management District, Sections 13.0 through 13.4 (Special Basin Criteria for
				Sensitive Karst Areas, including Appendix A) of Volume II.
2. Within the Suwannee River Water Management
				District, Section 5.9 (Sensitive Karst Areas) of Volume II.
3. Within the St. Johns River Water
				Management District:
a. Chapter 40C-41,
				F.A.C., "Surface Water Management Basin Criteria, " (October 1, 2013),
				incorporated by reference herein (
https://www.flrules.org/Gateway/reference.asp?No=Ref-02551
).
b. Sections 13.0 through 13.8.3 (Part VI,
				Basin Criteria), of Volume II.
4. Within the South Florida Water Management
				District:
a. Chapter 40E-41, F.A.C., "Surface
				Water Management Basin and Related Criteria, " (December 1, 2011), incorporated
				by reference herein (
https://www.flrules.org/Gateway/reference.asp?No=Ref-02554
).
b. Chapter 40E-63, F.A.C., "Everglades
				Program, " (November 9, 2010), incorporated by reference herein (
https://www.flrules.org/Gateway/reference.asp?No=Ref-02557
).
c. For activities within the Outstanding
				Florida Waters of Monroe County, Rules
				 62-312.400 through
				 62-312.460, F.A.C.
Copies of incorporated material may be obtained from the
				  Agency, as described in subsection
				   62-330.010(5),
				  F.A.C.