The purpose and effect of the proposed rule amendment will be to revise the established minimum surface water levels for Cowpen Lake in Putnam County

 

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 Cowpen Lake in Putnam County

SUMMARY: The proposed rule would revise the established minimum surface water levels for Cowpen Lake pursuant to the mandate of Section 373.042, Florida Statutes. Each revised surface water level has an associated duration and return interval. The terms 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.

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 been prepared by the Agency.

The District received a lower cost regulatory alternative proposal regarding the proposed amendment to the Cowpen Lake minimum surface water levels in 40C-8.031(4)(w). Thus, the District prepared a statement of estimated regulatory costs (SERC) regarding the proposed amendment to 40C-8.031(4)(w). The SERC concludes that the amendment to 40C-8.031(4)(w) will not increase any regulatory burdens or costs. Based on the best available information, all three recommended MFLs for Cowpen Lake are currently being achieved under baseline conditions. Additionally, projected water use demands will be met under the revised MFLs for Cowpen Lake through the 20-year planning horizon. Thus, there will be no adverse impact on businesses or small local governments from the revised MFLs for Cowpen Lake. Based on the SERC prepared by the District and the analysis performed by the District in preparing the SERC, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

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:

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 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 48 hours before the workshop/meeting by contacting: District Clerk, [phone]. 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: Tom Mayton, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] or [e-mail], or Kris Davis, Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE 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) through (v) No change.
(w) Cowpen	Putnam	Infrequent High Frequent High	92.0   89.1	90.8   88.1	Temporarily Flooded	30	25
		Average	85.2 85.7	84.0 84.7	Typically Saturated	180	1.7
		Frequent Low	83.5 84.2	82.3 83.2	Semipermanently Flooded	120	2.7

(x) through (ccccc) No change.

 

(5) and (6) 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),                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Mayton, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] or [e-mail], and Kris Davis, Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177, [phone] or [e-mail].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 13, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 12, 2016