To update the rules to include a hyperlink to the incorporated Figures and include a statement as to how to obtain a copy, in accordance with Rule 1-1.013, F.A.C., and to rename Figures 1 through 6 to Figures 41-9 through 41-14. Amendments to Rule ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.: RULE TITLE:

40E-41.023 Western Canal 9 Basin Boundary

40E-41.063  Conditions for Issuance of Permits in the Western Canal 9 Basin

40E-41.121 Definitions

40E-41.123 Kissimmee River Basin Boundary

40E-41.160 Content of Application

40E-41.321 Definitions

40E-41.323 Water Preserve Area & Water Preserve Area Basin Boundaries

40E-41.363 Conditions for Issuance of Permits in the Water Preserve Area, Water Preserve Area Basin, or Adjacent to the Protective Levees

PURPOSE AND EFFECT: To update the rules to include a hyperlink to the incorporated Figures and include a statement as to how to obtain a copy, in accordance with Rule 1-1.013, F.A.C., and to rename Figures 1 through 6 to Figures 41-9 through 41-14. Amendments to Rule 40E-41.160, F.A.C., address comments received from the Joint Administrative Procedures Committee to replace the Department of Community Affairs with the Department of Economic Opportunity, and update the rule to delete language that is obsolete.

SUMMARY: The Figures that currently appear in the rule text will be removed, replaced with hyperlinks, and incorporated in accordance with Rule 1-1.013, F.A.C. Figures 41-3, Plates 1 of 5 through 5 of 5 that currently appear in Rule 40E-41.165, F.A.C., will now be incorporated in Rule 40E-41.121, F.A.C. Figure 41-4 that currently appears in Rule 40E-41.165, F.A.C., will now be incorporated in Rule 40E-41.123, F.A.C. Figures 1 through 6 that currently appear in Rule 40E-41.363, F.A.C., will be removed and now incorporated in Rule 40E-41.321, F.A.C., and will be renamed. The agency reference in Rule 40E-41.160, F.A.C., will be updated to the Department of Economic Opportunity and language that is obsolete will be deleted.

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 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, which is available upon request. Based on the completed “Is a SERC Required?” form, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 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, 373.4131 FS

LAW IMPLEMENTED: 373.085, 373.413, 373.4131, 373.416 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 12, 2016, beginning 9:00 a.m.

PLACE: South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406

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: South Florida Water Management District Clerk, toll free: [phone], ext. 6805, or [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: Melinda Parrott, Lead Environmental Analyst, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone (toll free): [phone] ext. 6324, or [phone], email: [e-mail]; or Susan Martin, Sr. Practice Expert, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone (toll free): [phone] ext. 6251, or [phone], email: [e-mail]. For questions regarding the rulemaking process, contact Jan Sluth, Sr. Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone (toll free): [phone] ext. 6299, or [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-41.023 Western Canal 9 Basin Boundary.

The Western Canal 9 Basin is generally depicted in Figure 41-1 (DATE) [HYPERLINK], incorporated by reference herein, and specifically shall include the area within the following boundaries: In Dade and Broward Counties, Florida, as follows:

BEGINNING at the Southeast corner of Section 12, Township 52 South, Range 40 East; Thence, bear Westerly along the Section Lines to the intersection thereof with State Road No. 25; Thence, Northwesterly and Northerly along State Road No. 25 to the intersection thereof with State Road No. 820; Thence, Easterly along State Road No. 820 to the intersection thereof with the East line of Section 14, Township 51 South, Range 40 East; Thence, Southerly along Section Lines to the Northwest corner of Section 1, Township 52 South, Range 40 East; Thence, Easterly along the Section Line to the Northeast corner of said Section 1; Thence, Southerly along the Section Lines to the Southeast corner of said Section 12 to the POINT OF BEGINNING. Figure 41-1 is available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 2729 or [phone].

Rulemaking Authority 373.044, 373.113, 373.4131 FS. Law Implemented 373.413, 373.4131, 373.416 FS. History–New 9-3-81, Formerly 16K-34.02, Amended             .

 

40E-41.063 Conditions for Issuance of Permits in the Western Canal 9 Basin.

(1) through (3) No change.

(4) Fill encroachment criteria‒

(a) through (b) No change.

(c) Typical development schemes using these criteria are depicted in Figure 41-2 (DATE) [HYPERLINK], incorporated by reference herein, and available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 2729 or [phone].

Rulemaking Authority 373.044, 373.113, 373.4131 FS. Law Implemented 373.413, 373.4131, 373.416 FS. History–New 9-3-81, Formerly 16K-34.06, Amended 4-20-94, 10-1-13,                 .

 

40E-41.121 Definitions. 

When used in this Part:

(1) No change.

(2) “Floodplain” means that area depicted on Figure 41-3, Plates 1 through 5 (DATE) [HYPERLINK], incorporated by reference herein, and available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 2729 or [phone] in Chapter 40E-41, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.4131 FS. Law Implemented 373.413, 373.4131, 373.416 FS. History–New 5-1-85, Amended 12-1-11,              .

 

40E-41.123 Kissimmee River Basin Boundary. 

The Kissimmee River Basin boundary is generally described in Figure 41-4 (DATE) [HYPERLINK], incorporated by reference herein, and shall specifically include the area within the following boundaries:

No change.

Figure 41-4 is available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 2729 or [phone].

Rulemaking Authority 373.044, 373.113, 373.4131 FS. Law Implemented 373.413, 373.4131, 373.416 FS. History–New 5-1-85, Amended                   .

 

40E-41.160 Content of Application.

All projects located within the Kissimmee River Basin requiring permits pursuant to Chapter 62-330, F.A.C., shall submit the information specified by Rule 62-330.060, F.A.C., as appropriate, and the following information:

(1) For projects wholly or partially within the floodplain the status of the project as a development of regional impact must be indicated by a final approved development order or a binding letter issued by the Department of Economic Opportunity Community Affairs.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.4131 FS. Law Implemented 373.413, 373.4131, 373.416 FS. History – New 5-1-85, Amended 4-20-94, 10-1-13, __________.

 

40E-41.321 Definitions.

(1) “Water Preserve Area” or “WPA” means: those component areas identified in Figures 41-9 through 41-14 (DATE) [HYPERLINK], incorporated by reference herein, and available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 2729 or [phone] 1, 2, 3, 4, 5 and 6.

(2) “Water Preserve Area Basin” or “WPAB” means: the WPA and all or a portion of those drainage basins located adjacent to, or planned to discharge into, the WPA as identified in Figures 41-9 through 41-14 1, 2, 3, 4, 5 and 6.

(3) “Protective Levees” means: for the purposes of this rule, those portions of levees L-33, L-35, L-35A, L-36, L-37, L-38 and L-40 adjacent to Water Conservation Areas 1, 2A, 2B, 3A and 3B as identified in Figure 41-11 3.

(4) “Overburden” means: for the purposes of this rule, the layer of existing natural soil material as shown in Figures 41-9, 41-10, 41-12, 41-13, and 41-14 1, 2, 4, 5 and 6.

Rulemaking Authority 373.044, 373.113, 373.4131 FS. Law Implemented 373.085, 373.413, 373.4131, 373.416 FS. History‒New 10-21-01, Amended    _        .

 

40E-41.323 Water Preserve Area & Water Preserve Area Basin Boundaries.

(1) The WPA boundaries are shown in Figures 41-9 through 41-14, incorporated by reference in Rule 40E-41.321, F.A.C. 1, 2, 3, 4, 5 and 6.

(2) The WPAB includes all or a portion of the following drainage basins as shown in Figures 41-9 through 41-14, incorporated by reference in Rule 40E-41.321, F.A.C. 1, 2, 3, 4, 5 and 6.

	(a) Palm Beach County:	Acme Basin B
		C-51 East (west of SR 7)
		C-16 (west of the Florida Turnpike)
		C-15 (west of the Florida Turnpike)
		Hillsboro Canal (west of the Florida Turnpike)
	(b) Broward County:	C-11 West
		C-9 West
		Hillsboro Canal (west of the Florida Turnpike)

Rulemaking Authority 373.044, 373.113, 373.4131 FS. Law Implemented 373.413, 373.4131, 373.416 FS. History–New 10-21-01, Amended                 .

 

40E-41.363 Conditions for Issuance of Permits in the Water Preserve Area, Water Preserve Area Basin, or Adjacent to the Protective Levees.

(1) No change.

(2) Projects located within one mile of existing or proposed WPA components, or the Protective Levees, shall leave sufficient overburden in place to prevent seepage increases eastward into surface water bodies, such as surface water management lakes, canals, ditches or ponds, in accordance with the following design criteria:

(a) through (c) No change.

(d) Figures 41-9, 41-10, 41-12, 41-13, and 41-14, incorporated by reference in Rule 40E-41.321, F.A.C., 1, 2, 4, 5 and 6 show the thickness of existing overburden within the WPA, WPAB and adjacent to the Protective Levees.

(3) through (7) No change.

Rulemaking Authority 373.044, 373.113, 373.4131 FS. Law Implemented 373.413, 373.4131, 373.416 FS. History–New 10-21-01, Amended 12-1-11, 10-1-13,                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jill Creech, Division Director, Regulation

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 11, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 4, 2016