The purposes and effects of this proposed rule amendments are to: (1) create a requirement that agricultural surface water management systems requiring a permit that will be located in the Wekiva Recharge Protection Basin must meet the Wekiva ...

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NO: RULE TITLE
40C-44.065: Performance Standards
40C-44.091: Publications Incorporated by Reference
40C-44.101: Content of the Application
40C-44.900: Forms and Instructions
PURPOSE AND EFFECT: The purposes and effects of this proposed rule amendments are to: (1) create a requirement that agricultural surface water management systems requiring a permit that will be located in the Wekiva Recharge Protection Basin must meet the Wekiva recharge criteria proposed as part of a separate rule amendment, and (2) amend and update the environmental resource permit (ERP) application forms for agricultural systems to reflect both the new criteria for the Wekiva Recharge Protection Basin and current Agriculture ERP criteria.
SUMMARY: The proposed rule amendments would require that agricultural systems that will be located in the Wekiva Recharge Protection Basin meet the Wekiva recharge criteria, and would amend and update the Agricultural ERP application forms.
SUMMARY 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: 369.318, 373.044, 373.113, 373.418 FS.
LAW IMPLEMENTED: 369.318, 373.413, 373.414, 373.416, 383.418, 373.426, 373.461 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:
TIME AND DATE: October 10, 2006, Following the regularly scheduled Governing Board Meeting, which begins at 1:00 p.m.
PLACE: St. Johns River Water Management District Headquarters, 4049 Reid Street, Palatka, Florida 32177-2529
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 Ann Freeman at [phone] or [phone] (TDD).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Norma Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], Suncom 860-4459 or email address [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

40C-44.065 Performance Standards.

(1) through (4) No change.

(5) Agricultural surface water management systems requiring a permit that will be located in the Wekiva Recharge Protection Basin must comply with the requirements of paragraph 40C-41.063(3)(a), F.A.C., and Section 11.3.1, Applicant’s Handbook: Management and Storage of Surface Waters.

Specific Authority 369.318, 373.044, 373.113, 373.171, 373.416, 373.418 FS. Law Implemented 369.318, 373.016, 373.413, 373.416, 373.418, 373.426, 373.461 FS. History–New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95, 3-7-03,________.

 

40C-44.091 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference Part I “Policy and Procedures” and Part II “Criteria for Evaluation,” of the document entitled “Applicant’s Handbook: Agricultural Surface Water Management Systems, effective, _______3-7-03.

(a) through (b) No change.

(2) through (3) No change.

Specific Authority 369.318, 373.044, 373.113, 373.171, 373.406, 373.416, 373.418 FS. Law Implemented, 369.318, 373.406, 373.413, 373.416, 373.418, 373.426, 373.461 FS. History–New 10-20-92. Amended 7-4-93, 10-3-9, 11-1-99, 4-10-02, 3-7-03,_________.

 

40C-44.101 Content of the Application.

(1) through (3) No change.

Specific Authority 369.318, 373.044, 373.113, 373.171, 373.416, 373.418 FS. Law Implemented 369.318, 373.146, 373.416, 373.461 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95,_________.

 

40C-44.900 Forms and Instructions.

The following forms and instructions are hereby incorporated by reference. They have been approved by the Governing Board and are available upon request from: District Headquarters, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529.

(1) Individual Environmental Resource Agricultural System Permit Application, form no. 40C-44.900(1), adopted (Effective date) 10-3-95.

 (2) Standard General Environmental Resource Agricultural System Permit Application, form no. 40C-44.900(2), adopted (Effective date) 10-3-95.

(3) No change.

Specific Authority 120.53(1), 369.318, 373.044, 373.113, 373.406, 373.416, 373.418 FS. Law Implemented 120.52(16), 120.53(1), 369.318, 373.103, 373.413, 373.416, 373.461 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95,_________.

 

APPLICANT’S HANDBOOK SECTION:

10.2     Harm to the Water Resources Criteria

            10.2.1 through 10.2.6 No change.

            10.2.7  Agricultural surface water management systems requiring a permit that will be located within the Wekiva Recharge Protection Basin must comply with the requirements of paragraph 40C-41.063(3)(a), F.A.C., and Section 11.3.1, Applicant’s Handbook: Management and Storage of Surface Waters.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeff Elledge, Director, Department of Water Resources, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], suncom 860-4203
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 8, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 5, 2006