The District is proposing to update the rules to incorporate the Figures, include a hyperlink, and include a statement as to how to obtain a copy, in accordance with Rule 1-1.013, F.A.C., and renumber Figures 1 through 6 to Figures 41-9 through 41-...

Notice of Development of Rulemaking

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NOS.:RULE TITLES:

40E-41.023Western Canal 9 Basin Boundary

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

40E-41.121Definitions

40E-41.123Kissimmee River Basin Boundary

40E-41.160Content of Application

40E-41.321Definitions

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

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

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of Community Affairs with the Department of Economic Opportunity, and correct the rule to delete language that is obsolete.

SUBJECT AREA TO BE ADDRESSED: 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 no longer accurate will be deleted. 

RULEMAKING AUTHORITY: 373.044, 373.113, 373.4131 FS.

LAW IMPLEMENTED: 373.085, 373.086, 373.413, 373.4131, 373.416 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Melinda Parrott, Lead Environmental Analyst, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL  33406, telephone (toll free): 1[phone], ext. 6324, 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): 1(800)432-2045, ext. 6251, telephone: [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): 1(800)432-2045, ext. 6299, telephone: [phone], email: [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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) and (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) (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,                  .