The purpose and effect of the proposed rule amendment will be to revise the established minimum surface water levels for Apshawa Lake South in Lake County and to repeal the minimum surface water levels for Apshawa Lake North ....

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-8.031Minimum Surface Water Levels and Flows and Groundwater Levels

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to revise the established minimum surface water levels for Apshawa Lake South in Lake County and to repeal the minimum surface water levels for Apshawa Lake North in Lake County. These minimum water levels, if adopted by rule, will represent the limit at which further withdrawals would be significantly harmful to the water resources of the area or ecology of the area. The amended minimum water levels for Apshawa Lake South will be less constraining on existing and future consumptive uses of water than the existing levels. Since wetland elevations are lower at Apshawa Lake North, those environmental resources would be adequately protected by the amended minimum water levels at Apshawa Lake South. Thus, repealing the minimum water levels for Apshawa Lake North will simplify future status assessment efforts without compromising the level of environmental protection that is currently provided.

SUBJECT AREA TO BE ADDRESSED: The proposed rule would amend or repeal the established minimum surface water levels for the waterbodies mentioned above pursuant to the mandate of Section 373.042, Florida Statutes. The terms used herein are already defined in Chapter 40C-8, F.A.C. As with all minimum surface water levels established by the District, if adopted, the minimum surface water levels in this rule amendment would be used as a basis for imposing limitations on withdrawals of groundwater and surface water in the consumptive use permit regulatory process and for reviewing proposed surface water management systems in the environmental resource permit regulatory process.

RULEMAKING AUTHORITY: 373.044, 373.113, F.S.

LAW IMPLEMENTED: 373.042, 373.0421, F.S.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Tom Mayton, Deputy General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] [e-mail]. TO REQUEST A RULE DEVELOPMENT WORKSHOP, CONTACT TOM MAYTON WITHIN 21 DAYS OF PUBLICATION OF THIS NOTICE.

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

40C-8.031 Minimum Surface Water Levels and Flows and Groundwater Levels.

(1) through (3) No change.

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

System Name	County	Minimum Level	Level (ft NGVD)	Level (ft NAVD)	Hydroperiod Category	Duration (days)	Return Interval (years)
(a) Apshawa North	Lake	Frequent High	85.0	83.9	Seasonally Flooded	–	–
		Average	83.3	82.2	Typically Saturated	–	–
		Frequent Low	81.3	80.2	Semipermanently Flooded	–	–
(b) Apshawa South	Lake	Frequent High	86.0	85.7	Seasonally Flooded	–	–
		Average	84.7	83.6	Typically Saturated	–	–
		Frequent Low	83.2	82.1	Semipermanently Flooded	–	–
(c) through (aaaaa) renumbered as (a) through (yyyy) No change.

(5) The following minimum surface water levels are established as exceedance percentiles:

System Name	County	Minimum Level	Level (ft NAVD)
Apshawa South	Lake	P25	83.6
		P50	82.3
		P75	80.8
Brooklyn	Clay	P25	111.5
		P50	106.2
		P75	98.6
Butler	Volusia	P50	20.1
Geneva	Bradford	P25	101.7
	Clay	P50	98.3
		P75	89.3
Lochloosa	Alachua	P50	56.5

The minimum P25, P50, and P75 levels for Apshawa Lake South are based on the MFLs condition lake level time series (1/27/1959 – 12/31/2018), effective {effective date} which is incorporated by reference and available at {insert link} and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

MFL status of Apshawa Lake South will be assessed by comparing the minimum P25, P50, and P75 to the current P25, P50, and P75, respectively. The current P25, P50, and P75 for Apshawa Lake South are calculated by updating the current-pumping condition lake level time series (1/27/1959 – 12/31/2018) with post-2018 observed data at SJRWMD gage 2930258. The current-pumping condition lake level time series is incorporated by reference and available at {insert link} and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

The minimum P25, P50, and P75 levels for Lake Brooklyn are based on the MFLs condition lake level time series (7/17/1957 – 12/31/2018), effective 9/28/2021, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13524 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

MFL status of Lake Brooklyn will be assessed by comparing the minimum P25, P50, and P75 to the current P25, P50, and P75, respectively. The current P25, P50, and P75 for Lake Brooklyn are calculated by updating the current-pumping condition lake level time series (7/17/1957 – 12/31/2018) with post-2018 observed data at SJRWMD gage 3360373. The current-pumping condition lake level time series is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13524 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

The minimum P50 level for Lake Butler is a long-term median lake level based on the MFLs condition lake level time series (1949 – 2018), effective September 30, 2020, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12168 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

MFL status of Lake Butler will be assessed by comparing the minimum P50 to the current P50. The current P50 for Lake Butler is calculated by updating the simulated historical lake level time series (1949 – 2018) with post-2018 observed data at SJRWMD gage 03390378. The simulated historical lake level time series is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12168 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

The minimum P25, P50, and P75 levels for Lake Geneva are based on the MFLs condition lake level time series (7/1/1957 – 12/31/2018), effective 9/28/2021, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13525 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

MFL status of Lake Geneva will be assessed by comparing the minimum P25, P50, and P75 to the current P25, P50, and P75, respectively. The current P25, P50, and P75 for Lake Geneva are calculated by updating the current-pumping condition lake level time series (7/1/1957 – 12/31/2018) with post-2018 observed data at SJRWMD gage 11590497. The current-pumping condition lake level time series is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13525 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

The minimum P50 level for Lochloosa Lake is a long-term median lake level based on the MFLs condition lake level time series (1957 – 2015), effective 1-30-19, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10225 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

MFL status of Lochloosa Lake will be assessed by comparing the minimum P50 to the current P50. The current P50 for Lochloosa Lake is calculated by updating the simulated historical lake level time series (1957 – 2015) with post-2015 observed data at SJRWMD gage 71481615. The simulated historical lake level time series is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10225 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

(6) through (13) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103, 373.415 FS. History–New 9-16-92, Amended 8-17-94, 6-8-95, 1-17-96, 8-20-96, 10-20-96, 11-4-98, 6-27-00, 2-13-01, 3-19-02, 5-12-03, 11-10-03, 1-12-04, 2-1-06, 12-3-06, 5-10-07, 5-24-07, 1-11-10, 8-22-13, 4-3-14, 11-25-14, 12-31-14, 1-31-16 (4)(aaa), 1-31-16 (4)(ssss), 2-1-17 (4)(w), 2-1-17 (6), (8), 6-27-17 (7), 6-29-17 (5), (8), (9), 1-30-19, 9-30-20, 9-28-21, effective date.