The Suwannee River Water Management District (SRWMD) gives notice that it is initiating rulemaking to amend rule 40B-8.121, F.A.C. for the purpose of implementing new minimum water levels for Lake Hampton in Bradford County ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.:RULE TITLE:

40B-8.121Minimum Surface Water Levels for Lakes

PURPOSE AND EFFECT: The Suwannee River Water Management District (SRWMD) gives notice that it is initiating rulemaking to amend rule 40B-8.121, F.A.C. for the purpose of implementing new minimum water levels for Lake Hampton in Bradford County and Lake Santa Fe in Alachua County. The effect of the rule will be to provide protection for these lakes from significant harm resulting from consumptive uses of ground and surface water.

SUMMARY: Lake Hampton and Lake Santa Fe minimum water levels

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to require legislative ratification pursuant to Section 120.541(3), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.113 FS.

LAW IMPLEMENTED: 373.042, 373.0421, 373.103 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: SRWMD at [phone] or 1(800)226-1066 (FL only). If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Warren Zwanka, P.G., Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only).

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-8.121 Minimum Surface Water Levels for Lakes.

(1) The following terms, as used in this rule, shall have the following meanings:

(a) “High Minimum Lake Level” means the surface water level the lake must meet or exceed ten percent of the time on a long-term basis to ensure it reaches higher levels on a periodic basis.

(b) “Minimum Average” means the surface water level or flow necessary over a long period to maintain the integrity of hydric soils and wetland plant communities.

(c) (a) “Minimum Frequent High” means a chronically high surface water level or flow with an associated frequency and duration that allows for inundation of the floodplain at a depth and duration sufficient to maintain wetland functions.

(d) (b) “Minimum Frequent Low” means a chronically low surface water level or flow that generally occurs only during periods of reduced rainfall. This level is intended to prevent deleterious effects to the composition and structure of floodplain soils, the species composition and structure of floodplain and instream biotic communities, and the linkage of aquatic and floodplain food webs.

(e) “Minimum Lake Level” means the surface water level the lake must meet or exceed fifty percent of the time on a long-term basis to maintain average conditions.

(f) (c) “Seasonally Flooded” means a hydroperiod category where surface water is typically present for extended periods (30 days or more) during the growing season, resulting in a predominance of submerged or submerged and transitional wetland species. During extended periods of normal or above normal rainfall, lake levels causing inundation are expected to occur several weeks to several months every one to two years.

(g) (d) “Semi-Permanently Flooded” means a hydroperiod category where surface water inundation persists in most years. When surface water is absent the water table is usually near the land surface. In many lakes with emergent marshes this water level is near the lower elevation that supports emergent marsh or floating vegetation and peat substrates, or other highly organic hydric substrates. This characterization may not be true for herbaceous wetlands around sandhill type lakes, which often have emergent vegetation that follows declining water levels to below the lower elevation of peat substrate. Water levels causing inundation are expected to occur approximately eighty percent of the time over a long-term period of record. Exposure of these ground elevations is expected to re-occur, on average, about every five to ten years for extended periods (several or more months) during moderate droughts.

(h) “Typically Saturated” means a hydroperiod category where, for extended periods of the year, the water level should saturate or inundate. This condition results in saturated substrates for periods of one-half year or more during non-flooding periods of typical years. Water levels causing inundation are expected to occur fifty to sixty per cent of the time over a long-term period of record. This water level is expected to have a recurrence interval, on the average, of one or two years over a long-term period of record. Obligate wetland plant species are expected to be predominate near this water level.

(2) The following minimum surface water levels are established:

Water Body Name	County (Latitude/ Longitude)	Minimum Level	Level (Feet NAVD)	Event	Hydroperiod Category	Duration (Days)	Return Interval (Interval Measurement Period)
Lake Butler	Union (30º02ꞌ00ꞌꞌN/ 082º20’12”W)	Minimum Frequent High	129.55	Flooding	Seasonally flooded	30	2 years (June 1 to May 31)
		Minimum Frequent Low	127.30	Exposure	Semi-permanently flooded	120	5 years (October 1 to September 30)
Lake Hampton	Bradford (29º51ꞌ42ꞌꞌN/ 082º10’10”W)	High Minimum Lake Level	128.86
		Minimum Lake Level	128.15
Lake Santa Fe	Alachua (29o44’45”N/082o04’ 45”W)	Minimum Frequent High	139.10	Flooding	Seasonally flooded	30	2 years (June 1 to May 31)
		Minimum Average	137.89	Exposure	Typically saturated	180	1.7 years (October 1 to September 30)
		Minimum Frequent Low	136.52	Exposure	Semi-permanently flooded	120	5 years (October 1 to September 30)

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History–New 8-9-21, Amended [DATE].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, P.G.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: SRWMD Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 11, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 9, 2023