Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-1 - GENERAL AND PROCEDURAL › Section 40E-1.603 - Application Procedures for Processing Permit Applications or Notices of Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) Application
				procedures for environmental resource permits are set forth in Chapter 62-330,
				F.A.C. The following procedures for processing permit applications or notices
				of intent apply in addition to the requirements of Section
				 120.60, F.S. and Chapter 28-106,
				F.A.C.
(a) Within 30 days of receipt of an
				application or notice of intent, the District shall review the application to
				determine whether all information needed to evaluate the application has been
				submitted. The District shall notify the applicant of the date on which the
				application is declared complete.
(b) If the District determines that the
				application is incomplete, the District shall request the information needed to
				complete the application within 30 days of its receipt. The applicant shall
				have 90 days from receipt of a timely request for additional information to
				submit that information to the District.
(c) The District may request information
				needed to clarify any additional information submitted by the applicant, or to
				answer new questions raised by or related to the additional information within
				30 days of its receipt. The applicant shall have 30 days from receipt of such a
				request in which to provide the necessary information. If the application is
				still incomplete after such information is submitted, the District shall notify
				the applicant within 30 days. The applicant shall have an additional 30 days to
				complete the application.
(d)
				Failure of an applicant to provide the timely requested information within
				these timeframes shall be considered grounds for denial of the application.
				Denial of an application for lack of completeness is without prejudice to the
				applicant's right to file a new application on the same subject matter. The
				District shall grant an extension upon a showing of a good faith effort by the
				applicant to comply with the timelines set forth herein. Unless an extension of
				time has been granted by the District, any application which remains incomplete
				240 days after the original submittal date of an individual permit application
				or 90 days after the original submittal date of a notice of intent for general
				permit, shall be denied without prejudice.
(e) If the applicant submits information,
				either in response to or independent of a request by the District, which
				incorporates or results in a substantial modification in the proposed activity
				for which the applicant seeks a permit, the application will be considered an
				amended application. For purposes of this subsection, the term "substantial
				modification" shall mean a modification reasonably expected to result in water
				resource or environmental impacts which differ from those expected from the
				original application and require detailed review. Review timelines of the
				permit application or notice of intent will be reinitiated under this
				section.