The purpose is to amend Rule 40D-8.623 F.A.C., to remove the minimum levels for wetland Cypress Bridge A from the rule.

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-8.623Minimum Wetland Levels

PURPOSE AND EFFECT: The purpose is to amend Rule 40D-8.623 F.A.C., to remove the minimum levels for wetland Cypress Bridge A from the rule.

SUMMARY: Section 373.042, F.S., requires the District to establish minimum flows and levels for lakes, wetlands, rivers and aquifers within the District’s boundaries. Section 373.0421(3), F.S., further requires the District to periodically reevaluate and revise adopted minimum flows and levels. The establishment and periodic evaluation of minimum levels is required to ensure that the minimum hydrologic requirements of the water resources and ecology of the area are maintained. This rulemaking is necessary to remove the previously established minimum levels for a wetland previously listed in the rule.

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 conducted an economic review of the revisions to the rule and determined that the impact or regulatory cost, if any, of the revisions will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S. The removal of this wetland from the rule is unlikely to constitute an additional significant regulatory constraint on groundwater or surface water withdrawals in the area due to existing resource conditions and regulatory constraints in the basin.

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, 373.171 F.S.

LAW IMPLEMENTED: 373.036, 373.0361, 373.0395, 373.042, 373.0421 F.S.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Luke LeMond, P.G., Chief Professional Geologist, SWFWMD, 7601 US Hwy 301, Tampa, FL 33637-6759, [phone] ext. 2053

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-8.623 Minimum Wetland Levels.

(1) through (2) No change.

(3) Minimum Wetland Levels are hereby established as set forth in the following table. Wetland water levels are deemed to be below the Minimum Wetland Level when the Long-term Current P50 is below the Minimum Wetland Level. If insufficient data exists to determine if a wetland is below its Minimum Wetland Level, the wetland can be determined to be below the Minimum Wetland Level based on a comparison with wetlands that are hydrologically or hydrogeologically similar or, located in close proximity or, in the same drainage basin or, by use of aerial photographs or evaluation of hydrologic data or Hydrologic Indicators in the subject wetland.

 

Wetland Site	Minimum Level (feet NGVD)	Latitude	Longitude
(a) Cypress Creek W-11	67.8	28 17 46	82 23 06
(b) Cypress Creek W-12	62.0	28 17 33	82 23 39
(c) Cypress Creek W-17	62.8	28 17 08	82 23 41
(d) Cypress Creek W-56 (G)	62.7	28 16 21	82 24 18
(e) Starkey S-99	29.6	28 15 20	82 37 39
(f) Starkey Central	43.3	28 14 40	82 35 45
(g) Starkey Z	39.7	28 14 10	82 35 07
(h) Starkey Eastern (S-73)	44.6	28 14 45	82 33 56
(i) Starkey S-75	45.4	28 15 00	82 33 46
(j) Starkey M (S-69)	43.1	28 14 34	82 34 24
(k) Starkey N	45.2	28 14 33	82 33 08
(l) Morris Bridge Entry Dome (MBR-35)	33.8	28 06 55	82 18 24
(m) Morris Bridge X-4 (MBR-89)	40.4	28 07 26	82 20 14
(n) Morris Bridge Clay Gully Cypress (MBR-88)	39.6	28 07 21	82 20 45
(o) Morris Bridge Unnamed (MBR-16)	32.1	28 06 20	82 20 33
(p) Eldridge Wilde 5	27.1	28 09 21	82 39 47
(q) Eldridge Wilde 11 (NW-44)	36.4	28 10 05	82 37 52
(r) South Pasco 2 (NW-49)	57.2	28 11 00	82 30 27
(s) South Pasco South Cypress	56.9	28 10 53	82 30 29
(t) South Pasco 6 (NW-50)	57.4	28 11 17	82 30 28
(u) Cypress Bridge 16	58.4	28 12 30	82 22 18
(v) Cypress Bridge A	56.6	28 12 24	82 22 28
(v)(w) Cypress Bridge 25	70.5	28 13 59	82 21 31
(w)(x) Cypress Bridge 32	48.7	28 10 03	82 22 02
(x)(y) Cypress Bridge 4	69.2	28 13 44	82 21 55
(y)(z) Cross Bar T-3	68.5	28 20 52	82 29 44
(z)(aa) Cross Bar Q-1	72.5	28 20 46	82 28 11
(aa)(bb) Cone Ranch 1	86.9	28 07 57	82 07 16
(bb)(cc) Cone Ranch 2	90.5	28 07 14	82 07 11
(cc)(dd) Cone Ranch 3	95.4	28 06 39	82 07 14
(dd)(ee) Cone Ranch 4	99.0	28 06 50	82 05 54
(ee)(ff) Cone Ranch 5	105.2	28 05 53	82 04 56
(ff)(gg) Cone Ranch 6	96.0	28 07 32	82 05 57
(gg)(hh) North Pasco 3	44.4	28 19 00	82 34 32
(hh)(ii) North Pasco 21	44.5	28 17 23	82 34 30

 

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.0361, 373.0395, 373.042, 373.0421 FS. History–New 8-7-00, Amended 4-6-20, 11-11-20, ___.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Southwest Florida Water Management District

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 15, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 1, 2021