Fla. Admin. Code R. 40C-41.063
(1) Within the Upper St. Johns River Hydrologic Basin the following criteria are established:
(c) Interbasin Diversion –
1. A system may not result in an increase in the amount of water being diverted from the Upper St. Johns River Hydrologic Basin into coastal receiving waters.
2. It is an objective of the District to, where practical, curtail diversions of water from the Upper St. Johns River Hydrologic Basin into coastal receiving waters.
(2) Within the Oklawaha River Hydrologic Basin the following criteria are established:
(3) Within the Wekiva River Hydrologic Basin or the Wekiva Recharge Protection Basin, the following standards and criteria are established:
(c) Standards for Erosion and Sediment Control and Water Quality – Within the Wekiva River Hydrologic Basin, a Water Quality Protection Zone shall extend one half mile from the Wekiva River, Little Wekiva River north of State Road 436, Black Water Creek, Rock Springs Run, Seminole Creek, and Sulphur Run, and shall also extend one quarter mile from any wetland abutting an Outstanding Florida Water.
(III) Spreader swale to reduce the velocity of discharge from the stormwater facility to non-erosive rates before discharge to wetlands abutting the Outstanding Florida Water.
These perimeter controls must be maintained routinely and operated throughout construction or alteration of the entire system. A minimum 25-foot width of undisturbed vegetation must be retained landward of the Outstanding Florida Water or the abutting wetland, whichever is more landward. Construction or alteration of limited scope necessary for outfall structures may occur within this area of undisturbed vegetation.
c. During construction or alteration, no direct discharge to the Outstanding Florida Water or its abutting wetland may occur during the 10-year 24-hour storm event or due to discharge from dewatering activities. Any on-site storage required to satisfy this criteria must be available (recovered) within 14 days following the rainfall event. A minimum 25-foot width of undisturbed vegetation must be retained landward of the Outstanding Florida Water or the abutting wetland, whichever is more landward. Construction or alteration of limited scope necessary for outfall structures may occur within this area of undisturbed vegetation.
In determining whether construction or alteration is of “limited scope necessary,” pursuant to any of the three presumptive criteria above, the District shall require that the area of disturbance be minimized and that the length of time between initial disturbance and stabilization of the area also be minimized.
1. An erosion and sediment control plan must be submitted as part of the permit application for a surface water management system which:
a. Serves a project which is located wholly or partially within this zone; or
b. Serves a project with a total land area equal to or exceeding 120-acres.
2. The applicant proposing such a system must give reasonable assurance in the erosion and sediment control plan that during construction or alteration of the system (including revegetation and stabilization), erosion will be minimized and sediment will be retained on-site. The plan must be in conformance with the erosion and sediment control principles set forth in Section 13.8.2, “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, as incorporated by reference in subsection 40C-41.043(5), F.A.C., and must contain the information set forth in Section 13.8.3, “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District,” as incorporated by reference in subsection 40C-41.043(5), F.A.C.
3. For a project which will be located wholly or partially within 100-feet of an Outstanding Florida Water or within 100 feet of any wetland abutting such a water, an applicant must provide reasonable assurance that the construction or alteration of the system will not cause sedimentation within these wetlands or waters and that filtration of runoff will occur prior to discharge into these wetlands and waters. It is presumed that this standard will be met if, in addition to implementation of the plan required in subparagraph 1., any one of the following criteria is met:
a. A minimum 100-foot width of undisturbed vegetation must be retained landward of the Outstanding Florida Water or the abutting wetland, whichever is more landward. During construction or alteration, runoff (including turbid discharges from dewatering activities) must be allowed to sheetflow across this undisturbed vegetation as the natural topography allows. Concentrated or channelized runoff from construction or alteration areas must be dispersed before flowing across this undisturbed vegetation. Construction or alteration of limited scope necessary for outfall structures may occur within this area of undisturbed vegetation.
b. Construction of the following perimeter controls at all outfall points to the Outstanding Florida Water or its abutting wetlands must be completed prior to the start of any construction or alteration of the remainder of the system:
(d) Standard for Limiting Drawdown – Within the Wekiva River Hydrologic Basin, a Water Quantity Protection Zone shall extend 300 feet landward of the landward extent of Black Water Swamp and the wetlands abutting the Wekiva River, Little Wekiva River, Rock Springs Run, Black Water Creek, Sulphur Run, Seminole Creek, Lake Norris, and Lake Dorr. As part of providing reasonable assurance that the standard set forth in paragraph 62-330.301(1)(d), F.A.C., is met, where any part of a system located within this zone will cause a drawdown, the applicant must provide reasonable assurance that construction, alteration, operation, or maintenance of the system will not cause ground water table drawdowns which would adversely affect the functions provided by the referenced wetlands.
The applicant shall provide an analysis which includes a determination of the magnitude and areal extent of any drawdowns, based on site-specific hydrogeologic data collected by the applicant, as well as a description of the referenced wetlands, the functions provided by these wetlands, and the predicted impacts to these functions.
It is presumed that the part of this standard regarding drawdown effects will be met if the following criteria is met:
A ground water table drawdown must not occur within the Water Quantity Protection Zone.
(e) Standard for Riparian Wildlife Habitat Within the Wekiva River Hydrologic Basin.
1. The applicant must provide reasonable assurance that the construction or alteration of a system will not adversely affect the abundance, food sources, or habitat (including its use to satisfy nesting, breeding and resting needs) of aquatic or wetland dependent species provided by the following designated Riparian Habitat Protection Zone:
a. The wetlands abutting the Wekiva River, Little Wekiva River downstream of Maitland Boulevard, Rock Springs Run, Black Water Creek, Sulphur Run, or Seminole Creek;
b. The uplands which are within 50-feet landward of the landward extent of the wetlands above.
c. The uplands which are within 550-feet landward of the stream’s edge as defined, for the purpose of this subsection, as the waterward extent of the forested wetlands abutting the Wekiva River, Little Wekiva River downstream of the northernmost crossing of the Little Wekiva River with S.R. 434, Rock Springs Run, Black Water Creek, Sulphur Run or Seminole Creek. In the absence of forested wetlands abutting these streams, the stream’s edge shall be defined, for the purpose of this subsection, as the mean annual surface water elevation of the stream; however, if hydrologic records are unavailable, the landward extent of the herbaceous emergent wetland vegetation growing in these streams shall be considered to be the stream’s edge.
2. Any of the following activities within the Riparian Habitat Protection Zone is presumed to adversely affect the abundance, food sources, or habitat of aquatic or wetland dependent species provided by the zone: construction of buildings, golf courses, impoundments, roads, canals, ditches, swales, and any land clearing which results in the creation of any system. (Activities not listed above do not receive a presumption of no adverse effect.)
3. The presumption in subparagraph 2. shall not apply to any activity which promotes a more endemic state, where the land in the zone has been changed by man. An example of such an activity would be construction undertaken to return lands managed for agriculture or silviculture to a vegetative community that is more compatible with the endemic land cover.
(5) Within the Econlockhatchee River Hydrologic Basin the following standards and criteria are established:
(a) Design Storm Criteria. A system must meet the peak discharge requirement for the following 24-hour duration design storm events:
1. Mean annual storm (2.3 year return period).
2. 25-year return period. System outlet control structures can be designed to meet the control peak discharge rates for both design storms by use of a two-stage weir, v-notch weir, multiple orifices, or other similar structures.
(c) Riparian Wildlife Habitat Standard.
(IX) All of the Econlockhatchee River Swamp (a portion of the Econlockhatchee River).
2. Any of the following activities within the Riparian Habitat Protection Zone are presumed to adversely affect the abundance, food sources, or habitat of aquatic or wetland dependent species provided by the zone: construction of buildings, golf courses, impoundments, roads, canals, ditches, swales, and any land clearing which results in the creation of any system. (activities not listed above do not receive a presumption of no adverse effect.)
3. The presumption in subparagraph 2. shall not apply to any activity which promotes a more endemic state, where the land in the zone has been changed by man. An example of such an activity would be construction undertaken to return lands managed for agriculture or silviculture to a vegetative community that is more compatible with the endemic land cover.
4. Applicants seeking to develop within the Riparian Habitat Protection Zone shall be given the opportunity to demonstrate that the particular development for which permitting is being sought will not have an adverse effect on the functions provided by the zone to aquatic or wetland dependent species. The functions provided by the zone are dependent on many factors. When assessing the value of the zone to aquatic and wetland dependent species, factors which the District will consider include: vegetative land cover, hydrologic regime, topography, soils, and land uses, existing within and adjacent to the zone; and range, habitat, and food source needs of aquatic and wetland dependent species, as well as sightings, tracks, or other such empirical evidence of use.
5. The standard of subparagraph 40C-41.063(5)(c)1., F.A.C., may be met by demonstrating that the overall merits of the proposed plan of development, including the preservation, creation or enhancement of viable wildlife habitat, provide a degree of resource protection to these types of fish and wildlife which offsets adverse effects that the system may have on the abundance, diversity, food sources, or habitat of aquatic or wetland dependent species provided by the zone. Mitigation plans will be considered on a case-by-case basis upon detailed site specific analyses. The goal of this analysis shall be the determination of the value of the proposed mitigation plan to aquatic and wetland dependent species with particular attention to threatened or endangered species. Mitigation plans should include: the information set forth in subsection 10.3.3, “Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)”, implemented pursuant to paragraph 373.4131(2)(a), F.S. (2012), for the uplands and wetlands within the zone and within other areas to be preserved, created or enhanced as mitigation for impacts within the zone; as well as other pertinent information, including land use, and the proximity of the site to publicly owned land dedicated to conservation. Implementation of this paragraph contemplates that the proximity of development to the river and tributaries named herein and activities permitted in the zone may vary from place to place in support of a functional resource protection plan. Furthermore, some reasonable use of the land within the protection zone can be allowed under paragraph 40C-41.063(5)(c), F.A.C.
6. Roads or other traversing works which cross the zone have the potential to fragment the zone and adversely affect the habitat value of the zone to aquatic and wetland dependent species. To minimize adverse effects to the zone, applicants for permits to construct traversing works in the zone must first demonstrate the need for the traversing works to provide for regional transportation, regional utility services, or reasonable property access, in addition to meeting the requirement of subparagraph 40C-41.063(5)(c)1., F.A.C., above. Traversing works must also be designed to meet all requirements of the district rules related to water quality and quantity. Permittees responsible for traversing works shall be required to be responsible for maintaining the traversing works clean and free from trash and debris to the greatest extent practical.
1. The applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal or abandonment of a system within the following designated Riparian Habitat Protection Zone will not adversely affect the abundance, diversity, food sources or habitat (including its use to satisfy nesting, breeding and resting needs) of aquatic or wetland dependent species:
a. The wetlands contiguous with the Econlockhatchee River and the following tributaries: Little Econlockhatchee River north of University Boulevard, Mills Creek, Silcox Branch (branch of Mills Creek), Mills Branch (branch of Mills Creek), Long Branch, Hart Branch, Cowpen Branch, Green Branch, Turkey Creek, Little Creek, and Fourmile Creek;
b. The uplands which are within 50-feet landward of the landward extent of the wetlands above; and
c. The uplands which are within 550-feet landward of the stream’s edge as defined, for the purpose of this subsection, as the waterward extent of the forested wetlands abutting the Econlockhatchee River and the above named tributaries. In the absence of forested wetlands abutting these streams, the stream’s edge shall be defined, for the purpose of this subsection, as the mean annual surface water elevation of the stream; however, if hydrologic records are unavailable, the landward extent of the herbaceous emergent wetland vegetation growing in these streams shall be considered to be the stream’s edge.
d. The following portions of streams typically lack a defined water’s edge, and subparagraph c. shall not apply:
(6) Within the Tomoka River Hydrologic Basin or the Spruce Creek Hydrologic Basin the following standards and criteria are established:
(d) Riparian Wildlife Habitat Standard.
(V) Priest Branch east of the power line easement in Section 6, Township 15 South, Range 32 East, Volusia County, Florida; and,
b. The uplands which are within 550-feet landward of the stream’s edge of the following portions of the streams. The stream’s edge is defined, for the purpose of this subsection, as the waterward extent of the wetlands abutting the stream:
(II) Tomoka River north of the confluence of the Tomoka River and Priest Branch; and,
c. The uplands which are within 320-feet landward of the stream’s edge of the following portions of the streams. The stream’s edge is defined, for the purpose of this subsection, as the waterward extent of the wetlands abutting the stream:
Spruce Creek east of I-95 and west of the FEC railroad; and,
d. The uplands that are within 275-feet landward of the edge of the following streams:
(VII) Priest Branch east of the power line easement in Section 6, Township 15 South, Range 32 East, Volusia County, Florida.
2. Any of the following activities within the Riparian Habitat Protection Zone are presumed to adversely affect the abundance, food sources, or habitat of aquatic or wetland dependent species provided by the Zone: construction of buildings, golf courses, impoundments, roads, canals, ditches, swales, and any land clearing which results in the creation of any system. (Activities not listed above do not receive a presumption of no adverse effect.)
3. The presumption in subparagraph 2. shall not apply to any activity which promotes a more endemic state, where the land in the Zone has been changed by man. An example of such an activity would be construction undertaken to return lands managed for agriculture or silviculture to a vegetative community that is more compatible with the endemic land cover.
4. The standard of subparagraph 1. may be met by demonstrating that the overall merits of the proposed plan of development, including mitigation as described in section 10.0, “Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)”, implemented pursuant to Section 373.4131(2)(a), F.S. (2012), provide a degree of resource protection to these types of fish and wildlife which offsets adverse effects of the proposed system on the uplands and wetlands within the Zone. Some reasonable use of the land within the Protection Zone can be allowed under this section.
5. Roads or other traversing works which cross the Zone have the potential to fragment the Zone and adversely affect the habitat value of the Zone to aquatic and wetland dependent species. To minimize adverse effects to the Zone, applicants for permits to construct traversing works in the Zone must first demonstrate the need for the traversing works to provide for regional transportation, regional utility services, or reasonable property access, in addition to meeting the requirement of subparagraph 1., above. Traversing works must also be designed to meet all requirements of the district rules related to water quality and quantity.
1. The applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal or abandonment of a system within the following designated Riparian Habitat Protection Zone will not adversely affect the abundance, diversity, food sources or habitat (including its use to satisfy nesting, breeding and resting needs) of aquatic or wetland dependent species:
a. The wetlands and uplands which are within 50-feet landward of the landward extent of the wetlands which abut Spruce Creek north of Pioneer Trail to the FEC railroad, and the Tomoka River north of I-4 to US 1 and the following tributaries:
(7) Within the Sensitive Karst Areas Basin, stormwater management systems shall be designed to assure adequate treatment (pursuant to Sections 13.6 through 13.6.3, “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District” as incorporated by reference in subsection 40C-41.043(5), F.A.C.) of the stormwater before it enters the Floridan Aquifer, and to preclude the formation of solution pipe sinkholes in the stormwater system. Many different stormwater management system designs will achieve these goals, therefore the District does not require any specific system design. However, to assure protection of the Floridan Aquifer, the District does require certain design features. The individual site characteristics may affect what design features will be required. However, for all projects in sensitive karst areas, the following minimum design features are required:
(e) The above requirements represent the minimum requirements for stormwater management system design in sensitive karst areas. However, depending on the potential for contamination to the Floridan Aquifer, more stringent requirements may apply for certain projects (e.g., industrial and some commercial sites). Examples for more stringent design features include:
1. More than three feet of material between the limestone bedrock surface and the bottom and sides of the stormwater basin;
2. Basin liners – clay or geotextile;
3. Sediment sumps at stormwater inlets;
4. Off-line treatment;
5. Special stormwater system design;
6. Ground water monitoring, and
7. Paint/solvent and water separators.
Rulemaking Authority 369.318, 373.044, 373.113, 373.4131, 373.414, 373.415, 373.418 FS. Law Implemented 369.318, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461 FS. History–New 12-7-83, Amended 5-17-87, 8-30-88, 4-3-91, 9-25-91, 7-14-92, 10-3-95, 11-25-98, 10-11-01, 3-7-03, 2-10-05, 12-3-06, 10-1-13, 6-1-18.