Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-44 - ENVIRONMENTAL RESOURCE PERMITS: REGULATION OF AGRICULTURAL SURFACE WATER MANAGEMENT SYSTEMS › Section 40C-44.071 - Relationship to Other Permitting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) In order to comply with the performance
				standards in this rule or implement water quality practices outlined in rule
				 40C-44.066, F.A.C., some
				existing agricultural surface water management systems may require minor
				alterations.
(2) Alterations of
				existing agricultural surface water management systems, which would otherwise
				require permits pursuant to paragraph
				 62-330.020(2)(a),
				F.A.C., will be considered minor alterations and will qualify for an individual
				environmental resource permit, pursuant to this chapter, provided they do not
				increase the peak discharge rate and total discharge volume, when applicable
				("Environmental Resource Permit Applicant's Handbook, Volume II: For Use Within
				The Geographic Limits of the St. Johns River Water Management District",
				Section 3.2), or alter off-site storage and conveyance capabilities of the
				water resource ("Environmental Resource Permit Applicant's Handbook, Volume II:
				For Use Within The Geographic Limits of the St. Johns River Water Management
				District" Section 3.3), or adversely affect wetland functions, ("Environmental
				Resource Permit Applicant's Handbook, Volume I (General and Environmental)"
				Section 10.2.2) or increase the off-site pollutant loading ("Environmental
				Resource Permit Applicant's Handbook, Volume II: For Use Within The Geographic
				Limits of the St. Johns River Water Management District" Section 4.0), all as
				incorporated by reference in paragraph
				 40C-4.091(1)(a),
				F.A.C., or implemented pursuant to paragraph
				 373.4131(2)(a),
				F.S. (2012), as applicable.
(3) The
				following activities, for the purposes of this rule, are presumed to be minor
				alterations:
(a) Regrading or reconfiguring
				of ditches and other conveyance systems necessary to implement a management
				practice recommended by a Conservation Plan, pursuant to subsection
				 40C-44.021(4),
				F.A.C. or listed in rule
				 40C-44.066, F.A.C.,
(b) Installation of new internal ditches or
				other conveyance systems necessary to implement a management practice
				recommended by a Conservation Plan, pursuant to subsection
				 40C-44.021(4),
				F.A.C. or listed in rule
				 40C-44.066, F.A.C.,
(c) Installation of internal water control
				structures necessary to implement a management practice recommended by a
				Conservation Plan, pursuant to subsection
				 40C-44.021(4),
				F.A.C. or listed in rule
				 40C-44.066, F.A.C.,
(d) Modification or expansion of existing
				detention ponds within previously diked areas, provided that public safety
				concerns related to levee failure are addressed, no floodplain encroachment
				occurs, and impacts to wetlands do not require a permit pursuant to paragraph
				 62-330.020(2)(a),
				F.A.C.,
(e) Construction of new
				detention ponds within previously diked areas, provided that public safety
				concerns related to levee failure are addressed, no floodplain encroachment
				occurs, and impacts to wetlands do not require a permit pursuant to paragraph
				 62-330.020(2)(a),
				F.A.C.