SWERP II update

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SWERP II rule revisions became effective June 1, 2018

District staff have held peer review and other meetings to help the regulated public understand the changes to permitting under the Statewide Environmental Resource Permit (SWERP) Program.

Following the implementation of the Statewide Environmental Resource Permit (SWERP) Program in October 2013, the Florida Department of Environmental Protection (FDEP) and the five water management districts began working together to fix administrative errors, implement additional streamlining, and improve clarification of the SWERP Rule and Handbooks in what is referred to as SWERP II. The SWERP II changes became effective June 1, 2018.

For the St. Johns River Water Management District, SWERP II involved edits/clarifications to the district’s group of 40C rules and the Applicant’s Handbook (AH) Volume II.

Summary of the primary changes to the district’s 40C rules:

  • The time frame for providing a response to an RAI letter has been updated to be consistent with the 62-330 Florida Administrative Code (F.A.C.) rule. The time to respond has been changed from 120 days to 90 days.
  • Permit fee modifications:
    • A category will be added to the permit fees section to create a separate lower fee for projects that are 10 to 40 acres in size and have no wetland or surface water impacts;
    • The fees for the two largest project area categories have been modified;
    • The description of a minor and major modification fee project area has been clarified;
    • A permit extensions category that was inadvertently omitted has been added; and,
    • The letter modification text has been clarified;
  • Map graphics for the Karst Basin and the overall Special Basin maps have been updated and improved and the portion of Polk County that is now in the Southwest Florida Water Management District boundary has been updated;
  • Chapter 40C-42 rule is now completely repealed and all portions of this chapter are now located in either AH Volume I or AH Volume II;
  • The definitions, performance standards, and conditions for issuance in 40C-44 have been modified to be consistent with AH Volume II; and,
  • The URL addresses were updated in all of the 40C rules to reflect current links.

Summary of the primary changes to the district’s Applicant’s Handbook Volume II:

  • The definition of tailwater, in section 2.7.1, has been modified to delete language in part (d) that was no longer needed;
    • The conveyance design, in section 3.3.1, has been modified to delete language in part (d) that was no longer needed;
    • The Level of Service text, in section 3.3.3, was edited to be more consistent with the other water management districts and the current design storm event criteria;
    • Wet detention orifice design text, in section 8.4, was inadvertently omitted from the orifice design criteria. The text is now corrected to reflect the proper design requirements; and,
    • Ag systems, in sections 14-19, have had minor edits to create consistency between the 40C-44 rule and the AH Volume II text, as well as update the performance criteria to reflect the updated water quality standards found in rule 62-302, FAC.

Summary of the primary edits to Rule 62-330, F.A.C.:

  • Thresholds – In 62-330.020(2), the word “new” has been deleted and the project acreage in (2)(d) has been changed from one acre to five acres;
  • Exempt activities – In 62-330.051, text has been added to clarify many of the different exemptions and new exemptions were created for Geotechnical Investigations and dry borrow pits (both were formerly in the General Permit rule);
  • General conditions specifically for Conceptual permits have been added to 62-330.351 and,
  • The text for the Minor Activities and Single-family Residential Activities in Isolated Wetlands is now divided into two separate categories – Certain Minor Activities (.474) and Single-family Residential Activities in Isolated Wetlands (.475).