The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating rulemaking to amend the above-referenced rules. These rules were last amended on October 1, 2013, to make them consistent with section 373.4131, F.S., which ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.: RULE TITLE:

40C-41.023 Basin Boundaries

40C-41.043 Application of Chapter

40C-41.063 Conditions for Issuance of Permits

PURPOSE AND EFFECT: The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating rulemaking to amend the above-referenced rules. These rules were last amended on October 1, 2013, to make them consistent with Section 373.4131, F.S., which required the Department of Environmental Protection (DEP) in coordination with the five water management districts (WMDs) to develop statewide environmental resource permitting (ERP) rules. The purpose and effect of this rulemaking will be to make corrections and provide clarifications that have been identified as necessary since October 1, 2013. More specifically, the rulemaking will: (1) delete the reference to standard and general (stormwater) permits in subsection 40C-41.063(4), F.A.C. since the statewide ERP rules only provide for issuance of conceptual approval and individual permits; (2) reflect the transfer of Rule 40C-42.091, F.A.C. into Rule 40C-4.091, F.A.C.; (3) replace, with better graphics, the figures depicting special basins (identified as Figures 41-1 through 41-4 in Rule 40C-4.023, F.A.C., and as Figures 13.0-1 through 13.0-4 in the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use within the Geographic Limits of the St. Johns River Water Management District” (Volume II) which is incorporated by reference in subsection 40C-41.043(5) , F.A.C.); and (3) update the effective date for Part VI of Volume II as SJRWMD also will correct wording glitches in Volume II, and replace, with better graphics, the figures depicting soils (identified as Figures 13.5-1 and 13.5-2 in Volume II). These corrections include deleting language in 13.4.4.(d) (Off-site Land Preservation) that SJRWMD had intended to delete in the previous rulemaking to reflect the adoption of the Uniform Mitigation Assessment Method (UMAM) and inserting language in 13.4.2 (Floodplain Storage Criteria) that it had intended to carry over from the rule as it existed before October 1, 2013.

SUBJECT AREA TO BE ADDRESSED: This rule development will include: (1) revisions to the rules needed to correct and clarify text in light of provisions in Chapter 62-330, F.A.C., and the transfer of Rule 40C-42.091, F.A.C. into Rule 40C-4.091, F.A.C., and (2) revisions on the following topics: (a) better graphics for special basin boundaries and soils maps to assist applicants and the public, and (b) corrections to address wording glitches in Volume II (including minor changes to provisions regarding off-site land preservation and floodplain storage criteria) that resulted from the initial rulemaking for the statewide ERP rules.

Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.

RULEMAKING AUTHORITY: 369.318, 373.044, 373.113, 373.4131, 373.414, 373.415, 373.418, FS.

LAW IMPLEMENTED: 369.318, 373.413, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461, FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: March 12, 2015 at 2:30 p.m.

PLACE: Governing Board Room, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177

Information on how to attend the rule workshop by telephone is available at: http://floridaswater.com/ruledevelopment/ under the Notice of Rule Development column for this rulemaking.

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 at [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Wendy Gaylord, Legal Administrative Assistant, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], or [e-mail]. The preliminary text, including revisions to Volume II, may be viewed at http://floridaswater.com/ruledevelopment/.

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40C-41.023 Basin Boundaries.

(1) The Upper St. Johns River Hydrologic Basin is that area generally depicted in Figure 41-1 and defined in  “Environmental Resource Permit Applicant’s Handbook Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, (effective date 10-1-13), Appendix B which is hereby incorporated by reference available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-02999] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

(2) through (6) No change.

(7) The Sensitive Karst Areas Basin is that area generally depicted in Figures 41-2, 41-3, and 41-4 and defined in “Environmental Resource Permit Applicant’s Handbook Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, Appendix B.

(8) No change.

Rulemaking Authority 369.318, 373.044, 373.113, 373.171 FS. Law Implemented 369.316, 369.318, 373.413, 373.416, 373.426, 373.461 FS. History–New 12-7-83, Amended 5-17-87, 4-3-91, 9-25-91, 11-25-98, 3-7-03, 12-3-06, 10-1-13,______________.

 

40C-41.043 Application of Chapter.

(1) through (4) No change.

(5) The Governing Board hereby incorporates by reference Part VI (sections 13.0-13.8.3), “Basin Criteria” of the document entitled “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, (effective date 10-1-13), available at [insert URL from DOS http://www.flrules.org/Gateway/reference.asp?No=Ref-03001], and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka Florida 32177-2529.

Rulemaking Authority 369.318, 373.044, 373.113, 373.4131, 373.171, 373.415 FS. Law Implemented 369.318, 373.413, 373.4131, 373.415, 373.416, 373.418, 373.426, 373.461 FS. History–New 12-7-83, Amended 5-17-87, 8-30-88, 4-3-91, 9-25-91, 10-3-95, 11-25-98, 3-7-03, 12-3-06, 10-1-13,_____________.

 

 

40C-41.063 Conditions for Issuance of Permits.

(1) through (2) No change.

(3) Within the Wekiva River Hydrologic Basin or the Wekiva Recharge Protection Basin, the following standards and criteria are established:

(a) through (b) No change.

(c) Standards for Erosion and Sediment Control and Water Quality – Within the Wekiva River Hydrologic Basin, a Water Quality Protection Zone shall extend one half mile from the Wekiva River, Little Wekiva River north of State Road 436, Black Water Creek, Rock Springs Run, Seminole Creek, and Sulphur Run, and shall also extend one quarter mile from any wetland abutting an Outstanding Florida Water.

1. An erosion and sediment control plan must be submitted as part of the surface water management permit application for a surface water management system which:

a. Serves a project which is located wholly or partially within this zone; or

b. Serves a project with a total land area equal to or exceeding 120 acres.

2. through 3. No change.

(d) through (e) No change.

(4) Local Government Notification for Wekiva River Protection Area – The District shall not issue a conceptual approval, or individual, standard, or general permit for a proposed surface water management system located wholly or partially within the Wekiva River Protection Area, as defined in Section 369.303(9), F.S., until the appropriate local government has provided written notification that the proposed activity is consistent with the local comprehensive plan and is in compliance with any land development regulation in effect in the area where the development will take place. The applicant proposing such a system must submit to the District form no. 40C-41.063(4), entitled “Local Government Notification” (10-1-13), after it has been completed and executed by the local government. This form is hereby incorporated by reference and is available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-02657] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529. Permit applications for systems within the Wekiva River Protection Area shall be processed by the District staff pursuant to the time frames established in Section 120.60, F.S., and any District rule regarding permit processing, except that any agency action to approve or approve with conditions shall not occur until the Local Government Notification has been received by the District.

(5) No change.

(6) Within the Tomoka River Hydrologic Basin or the Spruce Creek Hydrologic Basin the following standards and criteria are established:

(a) and (b) No change.

(c) Stormwater Management Standard. Construction of new stormwater management systems must be in accordance with the design and performance standards of “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District” as incorporated by reference in paragraph 40C-4.091(1)(a) and subsection 40C-42.091(1), F.A.C. However, systems which serve drainage areas in excess of 10 acres cannot use detention with filtration treatment as the sole stormwater treatment methodology. Additionally, when retention systems are not feasible due to limited percolation capacity, wet detention treatment or other treatment demonstrated to be equivalent to retention or wet detention, in accordance with “Environmental Resource Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District” as incorporated by reference in paragraph 40C-4.091(1)(a) and subsection 40C-42.091(1), F.A.C., must be used.

(d) No change.

(7) and (8) No change.

Rulemaking Authority 369.318, 373.044, 373.113, 373.4131, 373.414, 373.415, 373.418 FS. Law Implemented 369.318, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461 FS. History–New 12-7-83, Amended 5-17-87, 8-30-88, 4-3-91, 9-25-91, 7-14-92, 10-3-95, 11-25-98, 10-11-01, 3-7-03, 2-10-05, 12-3-06, 10-1-13,__________.