Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-44 - REGULATION OF AGRICULTURAL AND FORESTRY SURFACE WATER MANAGEMENT PROJECTS › Section 40A-44.381 - Limiting Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board will
				impose on any permit granted under this chapter such reasonable conditions as
				are necessary to assure that the permitted operation will be consistent with
				the overall objectives of the District and will not be harmful to the water
				resources of the District.
(2) In
				addition to project specific special conditions, the following limiting
				conditions will be attached to any permit issued pursuant to this chapter.
(a) The permittee shall prosecute the work
				authorized in a manner so as to minimize any adverse impact of the works on
				fish, wildlife, natural environmental values, and water quality. The permittee
				shall institute necessary measures during the construction period, including
				required compaction of any fill material placed in or around newly installed
				structures, to reduce erosion, turbidity, nutrient loading and sedimentation in
				the receiving waters.
(b) The
				authorized facility shall not be determined fully complete, and the Operation
				and Maintenance Permit shall not become effective, until the "As-Built
				Certification and Completion Report" required pursuant to subsection
				 40A-44.301(7) 
				and Rule  40A-44.411, F.A.C., is submitted
				to the District, and the District has determined the project to have been
				constructed in accordance with the approved design and any permit conditions
				stipulated in the construction authorization. The Permittee shall submit to the
				District a properly executed "As-Built Certification and Completion Report"
				within 30 days of the completion of the permitted project.
(c) Discharges during construction shall be
				made only through the facilities authorized by this permit. Water discharged
				from the project shall be through structures having a mechanism suitable for
				regulating upstream water stages. Stages may be subject to operating schedules
				satisfactory to the District.
(d)
				The permit does not convey to the permittee any property right nor any rights
				or privileges other than those specified in the permit and Chapter 40A-44,
				F.A.C.
(e) The permittee, by
				acceptance of this permit, agrees to its terms and conditions, and agrees to
				hold and save the District harmless from any and all damages, claims, or
				liabilities which may arise by reason of the construction, operation,
				maintenance or use of any facility authorized by the permit.
(f) Prior to any dewatering, plans shall be
				submitted to the District for approval. In order to be approved, dewatering
				plans must include a plan view indicating the rate, location, and method of
				dewatering as well as the discharge location and direction of downstream flow,
				and demonstrating that all dewatering work and discharges will not cause
				flooding or impoundment, downstream siltation, erosion, or turbid discharges
				that violate state water quality standards. Plans shall be submitted to:
				Northwest Florida Water Management District, Environmental Resource Permitting,
				700 US Highway 331 S, Defuniak Springs, FL 32435.
(g) The approved facility and lands owned or
				controlled by the Permittee shall be used as described and identified in the
				application. If the facility or those lands become part of a subdivision,
				development, or are used for purposes other than those identified in the
				application, the facility shall be dewatered until the required permits are
				obtained and the facility is properly modified or reconstructed.
(h) The District's staff, upon proper
				identification, shall be permitted to enter the land where the permitted
				facilities are located to inspect and observe the facilities in order to
				determine compliance with the approved plans, specifications and conditions of
				the permit.