The St. Johns River Water Management District proposes to amend the drainage basin and regional watershed figures and tables which are part of the Applicant’s Handbook: Management and Storage of Surface Waters and are relevant to the review of ...

 

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NO: RULE TITLE
40C-4.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The St. Johns River Water Management District proposes to amend the drainage basin and regional watershed figures and tables which are part of the Applicant’s Handbook: Management and Storage of Surface Waters and are relevant to the review of applications for environmental resource permits (ERP) and mitigation bank permit applications. The District proposes to amend Figure 12.2.8-1 entitled “St. Johns River Water Management District Drainage Basins” and the figure in Appendix M entitled “St. Johns River Water Management District Regional Watersheds for Mitigation Banking.” The drainage basins on Figure 12.2.8-1 define the geographical scope of the evaluation of whether a regulated activity will cause unacceptable cumulative impacts upon wetlands and other surface waters. The regional watersheds in Appendix M are used in the analysis of ecological benefits of proposed mitigation banks, are considered in the establishment of mitigation bank service areas, and are used as part of the determination of the number of mitigation credits needed to offset a given wetland impact. Specifically, the District proposes to amend drainage basin boundaries in Figure 12.2.8-1 and regional watershed boundaries in Appendix M in the following six areas: (1) basin/watershed 1 (Upper St. Marys River), basin/watershed 3 (Nassau River), and basin/watershed 4 (Northern St. Johns River and Northern Coastal); (2) basin/watershed 4 (Northern St. Johns River and Northern Coastal), basin/watershed 5 (Sixmile and Julington Creeks Nested), and basin/watershed 6 (Tolomato River and Intracoastal Nested); (3) basin/watershed 4 (Northern St. Johns River and Northern Coastal), basin/watershed 5 (Sixmile and Julington Creeks Nested), basin/watershed 7 (Western Etoniah Lakes), basin/watershed 8 (St. Johns River – Welaka to Bayard), and basin/watershed 9 (Pellicer Creek and Matanzas River); (4) basin/watershed 9 (Pellicer Creek and Matanzas River), basin/watershed 16 (Crescent Lake), and basin/watershed 17 (Halifax River); (5) basin/watershed 18 (St. Johns River – Canaveral Marshes to Wekiva), basin/watershed 20 (Southern St. Johns River), and basin/watershed 21 (Northern Indian River Lagoon); and (6) basin/watershed 20 (Southern St. Johns River), basin/watershed 21 (Northern Indian River Lagoon), and basin/watershed 22 (Central Indian River Lagoon).
SUMMARY: The proposed rules amend the drainage basin and regional watershed figures (Figure 12.2.8-1 and figure in Appendix M) in the Applicant’s Handbook: Management and Storage of Surface Waters.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.414, 373.4136 FS.
LAW IMPLEMENTED: 373.413, 373.4135, 373.4136, 373.414(8), 373.416, 373.426 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 9, 2008, following the regularly scheduled Regulatory/Governing Board Meeting which begins at 1:00 p.m.
PLACE: St. Johns River Water Management District Headquarters, Governing Board Room, 4049 Reid Street, Palatka, Florida 32177
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: Sandy Bertran, Asst. 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: Norma Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, P.O. Box 1429, Palatka, Florida 32178-1429

THE FULL TEXT OF THE PROPOSED RULE IS:

40C-4.091 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference:

(a) Part I “Policy and Procedures,” Part II “Criteria for Evaluation,” subsections 18,0, 18.1, 18.2, and 18.3 of Part III and Appendix K “Legal Description Upper St. Johns River Hydrologic Basin,” “Legal Description Ocklawaha River Hydrologic Basin,” “Legal Description of the Wekiva River Hydrologic Basin,” “Legal Description of the Wekiva Recharge Protection Basin,” “Legal Description of the Econlockhatchee River Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Alachua County,” “Legal Description Tomoka River Hydrologic Basin,” “Legal Description Spruce Creek Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Marion County,” and “Legal Descriptions of the Lake Apopka Drainage Basin,” and Appendix M “Regional Watersheds for Mitigation Banking,” of the document entitled “Applicant’s Handbook: Management and Storage of Surface Waters,” effective ________ July 1, 2007.

(b) through (c) No change.

(2) No change.

Specific Authority 369.318, 373.044, 373.046(4), 373.113, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.421, 373.461 FS. Law Implemented 120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.109, 373.146(1), 373.406, 373.413, 373.4135, 373.4136 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.421(2)-(6), 373.423, 373.426, 373.461(3), 380.06(9), 403.813(2) FS. History–New 12-7-83, Amended 10-14-84, Formerly 40C-4.091, Amended 5-17-87, Formerly 40C-4.0091, Amended 8-20-87, 10-1-87, 10-11-87, 11-26-87, 8-30-88, 1-1-89, 8-1-89, 10-19-89, 4-3-91, 9-25-91, 11-12-91, 3-1-92, 7-14-92, 9-8-92, 9-16-92, 11-12-92, 11-30-92, 1-6-93, 1-23-94, 2-27-94, 11-22-94, 10-3-95, 8-20-96, 11-25-98, 12-3-98, 1-7-99, 1-11-99, 8-21-00, 7-8-01, 10-11-01, 4-10-02, 9-26-02, 3-7-03, 11-11-03, 2-1-05, 12-3-06, 7-1-07,________.

APPLICANT’S HANDBOOK SECTION:

(Substantial rewording and revisions to Figure 12.2.8-1)

Revised (effective date)

(Substantial rewording and revisions to Appendix M)

Revised (effective date)

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas I. Mayton, Sr. Assistant General Counsel, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]

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

DATE PROPOSED RULE APPROVED BY THE AGENCY HEAD: July 8, 2008

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 18, 2008

If a person decides to appeal any decision with respect to any matter considered at the above listed public hearing, such person may need to ensure that a verbatim record of the proceeding is made to include testimony and evidence upon which the appeal is to be based.

Anyone requiring special accommodations to participate in this meeting is requested to advise the District at least 5 work days before the meeting by contacting Sandy Bertram, Assistant District Clerk at [phone] or [phone] (TDD).