The following general conditions are binding on all
conceptual approval permits issued under this chapter, except where the
conditions are not applicable to the activity or where the conditions must be
modified to accommodate project-specific situations. In addition to these
general conditions, the Agency shall impose any additional special conditions
necessary to assure the permitted activities will not be harmful to the water
resources, as set forth in Rules
62-330.301 and
62-330.302, F.A.C., Volumes I
and II, as applicable, and the rules incorporated by reference in this
chapter.
(1) This permit does not
authorize any construction, alteration, maintenance, operation, removal, or
abandonment, except where such activities are specifically authorized as the
first phase of an individual permit or are authorized to occur in accordance
with a general permit or exemption under Chapter 62-330, F.A.C.
(2) This permit does not:
(a) Convey to the permittee any property
rights or privileges, or any other rights or privileges other than those
specified herein or in Chapter 62-330, F.A.C.;
(b) Convey to the permittee or create in the
permittee any interest in real property;
(c) Relieve the permittee from the need to
obtain and comply with any other required federal, state, and local
authorization, law, rule, or ordinance; or
(d) Authorize any entrance upon or work on
property that is not owned, held in easement, or controlled by the
permittee.
(3) The
permittee shall notify the Agency in writing:
(a) Immediately if any previously submitted
information is discovered to be inaccurate; and
(b) Within 30 days of any conveyance or
division of ownership or control of the property or the system, the name and
contact information for the new owner.
(4) Upon reasonable notice to the permittee,
Agency staff with proper identification shall have permission to enter,
inspect, sample, and test the project site to ensure conformity with the
permit.
(5) Any delineation of the
extent of a wetland or other surface water submitted as part of the permit
application, including plans or other supporting documentation, shall not be
considered binding unless a specific condition of this permit or a formal
determination under Rule
62-330.201, F.A.C., provides
otherwise.
(6) This conceptual
approval permit only authorizes design concepts for a master or future plan to
construct, alter, operate, maintain, remove, or abandon projects that require a
permit under Part IV of Chapter 373, F.S. It does not authorize any
construction, alteration, operation, maintenance, removal, or abandonment, or
the establishment and operation of a mitigation bank, or relieve the permit
holder of any requirements to obtain such permits.
(7) Subsequent applications to construct and
operate activities shall be prepared and submitted using the applicable
procedures in Rules
62-330.052,
62-330.054,
62-330.060, and
62-330.402, F.A.C., and sections
4.2.2, 4.2.3, 4.3, and 4.4 of Volume I. An application for conceptual approval
for a mitigation bank shall also include the materials required by Chapter
62-342, F.A.C.
(8) Issuance of this
conceptual approval permit is a determination, within the level of detail
provided in the application, that the activities approved in this permit are
consistent with applicable rules at the time of issuance. This permit provides
the conceptual approval permit holder with a rebuttable presumption, during the
duration of this permit, that the engineering design and scientific principles
upon which the conceptual approval permit approved herein are likely to meet
applicable rule criteria for issuance of permits for subsequent phases of the
project, provided all of the following are met at the time of receipt of a
complete application to construct and operate the future phases:
(a) The application to construct and operate
the future phases remains consistent with the designs and conditions of this
permit. Primary areas for consistency comparisons include the size, location,
and extent of the activities proposed, the type and nature of the activities,
percent imperviousness, allowable discharge and points of discharge, location
and extent of wetland and other surface water impacts, mitigation plans
implemented or proposed, control elevations, extent of stormwater reuse,
detention and retention volumes, and the extent of flood elevations.
If an application for construction of any portion of the land
area covered by this permit is inconsistent with the design concepts and
conditions approved herein, the application will be reviewed to determine the
extent to which the inconsistency will affect the designs and conditions for
the remainder of the lands contained in this permit. If the inconsistency will
materially affect those designs and conditions, then the applicant must
demonstrate that the holder of this permit agrees to that inconsistency. In
such a case, the holder of the conceptual approval permit may:
1. Modify the conceptual approval permit to
conform to the revised design;
2.
Abandon reliance on the conceptual approval permit; or
3. Rely on those portions of the conceptual
approval permit for only those areas that were not affected by the
inconsistency.
(b) There
are no changes to state water quality standards that would be affected by
activities authorized in the conceptual approval permit that have not already
been authorized for construction or operation.
(c) There have been no amendments to Florida
law governing special basin criteria that would affect future activities
authorized by the conceptual approval permit that have not already been
authorized for construction.
(d)
There are no substantive changes in the site characteristics that would affect
whether the design concepts approved in the conceptual approval permit can
continue to be reasonably expected to meet the conditions for authorizing
construction of future phases. This shall include such things as changes in the
designation of listed species, and changes to nesting, denning, and critical
designation status of listed species that exist within the lands served by the
project area.
(9) If
changes are proposed to the design of existing or future phases, or where there
have been changes to state water quality standards, special basins, or site
characteristics as described in conditions paragraphs (3)(a) through (d),
above, during the duration of this permit, the applicant must modify this
permit if it wishes to continue to rely on this permit as a basis that
reasonable assurance exists for the Agency to issue future construction or
operation permits under the terms and conditions of this permit. If the
permittee fails to do this, this conceptual approval permit can no longer be
relied upon as a basis, in part or whole, under which permits to construct or
operate future phases will be issued, and the Agency will reevaluate the terms
and conditions of this permit at the time a permit application is received to
construct the next phase of activities, or at the next requested extension of
this permit's duration in accordance with subsection
62-330.056(11),
F.A.C., whichever occurs first.
