Management District (SJRWMD) initiated rulemaking to amend its rules consistent with By notice published in the Florida Administrative Register on February 12, 2015, the St. Johns River Water Section 373.4131, F.S. These rules were last amended on ...  

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    ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

    RULE NOS.:RULE TITLES:

    40C-41.023Basin Boundaries

    40C-41.043Application of Chapter

    40C-41.063Conditions for Issuance of Permits

    PURPOSE AND EFFECT:  By notice published in the Florida Administrative Register on February 12, 2015, the St. Johns River Water Management District (SJRWMD) initiated rulemaking to amend its rules consistent with Section 373.4131, F.S.  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 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 movement of 40C-42.091, F.A.C. into 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 40C-41.023, 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 40C-41.043(5), F.A.C.); and (4) update the effective date for Part VI of Volume II as SJRWMD also will correct wording glitches 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),  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, and amending Appendix B of Volume II to reflect that lands within Polk County were transferred to the Southwest Florida Water Management District, effective at 12:01 a.m. on July 1, 2003, per subsection 373.0691(2), Florida Statutes (2015).

    SUMMARY:  The proposed rule revisions will correct and clarify text in light of provisions in Chapter 62-330, F.A.C., and movement of 40C-42.091, F.A.C. into 40C-4.091, F.A.C., correct 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, and amend the boundaries of the Ocklawaha River Basin to reflect that lands within Polk County were transferred by operation of law to the Southwest Florida Water Management District.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS:  The District has determined that this rule will not have an impact on small business and will not increase regulatory costs in excess of $200,000 within one year.  A SERC has not been prepared by the agency.

    The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendments, which are both available upon request.  Based on the completed “Is a SERC Required?” form and summary and the analysis performed by District staff in preparing and completing those documents, 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 the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    RULEMAKING AUTHORITY:  369.318, 373.044, 373.113, 373.4131, 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.

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

    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, (386)329-4127. 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:  Veronika Thiebach, Sr. Assistant General Counsel, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)326-3026, email: wgaylord@sjrwmd.com

     

    THE FULL TEXT OF THE PROPOSED RULE 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 [insert URL from DOShttp://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.

    Substantial revisions to Figures 41-1 through 41-4 in rule 40C-41.023, F.A.C., follow. See Florida Administrative Code for present Figures.




    This rule will become effective on January 1, 2016, or upon the date that any related amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection in the Notice of Rule Development published in the Florida Administrative Register on September 3, 2014 (Vol. 40, No. 17) take effect, whichever is later.

    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,                             .

     

    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.

     

    This rule will become effective on January 1, 2016, or upon the date that any related amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection in the Notice of Rule Development published in the Florida Administrative Register on September 3, 2014 (Vol. 40, No. 17) take effect, whichever is later.

    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,,                             .

     

    40C-41.063 Conditions for Issuance of Permits.

    (1) and (2)  No change.

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

    (a) and (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. and 3.  No change.

    (d) and (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) through (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) through (8) No change.

    This rule will become effective on January 1, 2016, or upon the date that any related amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection in the Notice of Rule Development published in the Florida Administrative Register on September 3, 2014 (Vol. 40, No. 17) take effect, whichever is later.

    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,                             .

     

    Sections of St. Johns River Water Management District Applicant’s Handbook (Volume II only), Forms and Appendices that will be incorporated by reference as a result of the proposed amendments may be viewed at http://floridaswater.com/ruledevelopment/.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Veronika Thiebach, Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)329-4488 and Thomas Mayton Jr., Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)329-4108

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2015

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 12, 2015

Document Information

Comments Open:
11/24/2015
Summary:
The proposed rule revisions will correct and clarify text in light of provisions in Chapter 62-330, F.A.C., and movement of 40C-42.091 into 40C-4.091, correct 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, and amend the boundaries of the Ocklawaha River Basin to reflect that lands within Polk County were transferred by operation of ...
Purpose:
Management District (SJRWMD) initiated rulemaking to amend its rules consistent with By notice published in the Florida Administrative Register on February 12, 2015, the St. Johns River Water Section 373.4131, F.S. 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 ...
Rulemaking Authority:
369.318, 373.044, 373.113, 373.4131, 373.415, 373.418, F.S.
Law:
369.318, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461, F.S.
Contact:
Veronika Thiebach, Sr. Assistant General Counsel, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386) 326-3026, email vthiebach@sjrwmd.com.
Related Rules: (3)
40C-41.023. Basin Boundaries
40C-41.043. Application of Chapter
40C-41.063. Conditions for Issuance of Permits