Comprehensive Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area, and the Hillsborough River Strategy, Regulatory Portion of Recovery Strategy for the Southern Water Use Caution Area, Regulatory Portion of ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-80.073Comprehensive Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area, and the Hillsborough River Strategy

40D-80.074Regulatory Portion of Recovery Strategy for the Southern Water Use Caution Area

40D-80.075Regulatory Portion of Recovery Strategy for the Dover/Plant City Water Use Caution Area

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 248, December 26, 2013 issue of the Florida Administrative Register.

 

These changes are in response to written comments received from the Joint Administrative Procedures Committee dated February 12, 2014.

Subsection (5) of Rule 40D-80.073, F.A.C., Comprehensive Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area, and the Hillsborough River Strategy, is revised as follows:.

(1) through (4) No change.

(5) Augmentation of Wetlands and Lakes.

In addition to the reduction of groundwater withdrawals, the development of new water supplies and wellfield operational changes addressed by the Comprehensive Plan, augmentation of wetlands and lakes that are unacceptably adversely impacted or are below their established Minimum Levels through the use of groundwater in appropriate circumstances will contribute to the attainment of the objective of the Comprehensive Plan. The circumstances under which augmentation using groundwater will be considered an appropriate recovery mechanism are set forth in WUP Applicant’s Handbook Part B, Section 3.9.3.1.1.1.B., 3.9.3, which is incorporated by reference in Rule 40D-2.091, F.A.C., and is available upon request to the District.

(6) through (8) No change.

 

Subsection (2) of Rule 40D-80.074, F.A.C., Regulatory Portion of Recovery Strategy for the Southern Water Use Caution Area, is revised as follows:

(1) No change.

(2) Objectives of Recovery Strategy.

Long-term (as defined in the WUP Applicant’s Handbook Part B, Section 3.9.2.6.2.1., 3.9.2, incorporated by reference in Rule 40D-2.091, F.A.C.) flow rates and water levels for most MFL water bodies are below the MFLs predominantly because ground water withdrawals have lowered Floridan aquifer levels in the SWUCA. As a result of the lowered aquifer levels, salt water intrusion is occurring, and river flows and lake levels are impacted by reduced water levels, including some of those rivers and lakes for which MFLs have been established. The goals of the District’s Recovery Strategy are the recovery of flows and levels to the MFLs and the provision of sufficient water supplies for all existing and projected reasonable-beneficial uses. The Minimum Flows for rivers are described in Rule 40D-8.041, F.A.C. The Minimum Levels for lakes are described in subsection 40D-8.624(13), F.A.C. The Minimum Levels for aquifers are described in subsection 40D-8.626(2), F.A.C. The District intends to maintain on its website at www.watermatters.org a current listing of those water bodies for which a recovery or prevention strategy is in effect.

(3) through (7) No change.

Rulemaking Authority 120.54, 373.0421, 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.036, 373.0395, 373.042, 373.0421, 373.171 FS. History–New 1-1-07, Amended_________.

 

Subsection (4) of Rule 40D-80.075, F.A.C., Regulatory Portion of Recovery Strategy for the Dover/Plant City Water Use Caution Area, is revised as follows:

(1) through (3) No change.

(4) Periodic Review of Recovery Strategy. Progress toward achieving the Minimum Aquifer Level will be continuously evaluated, with a comprehensive assessment in 2015. This evaluation will include an assessment of the reduction in groundwater withdrawals used for frost/freeze protection in the Dover/Plant City WUCA and the resulting reduced impact on the Minimum Aquifer Level. If by January 2015 a 10% reduction in groundwater withdrawals for frost/freeze protection from January 2010 quantities has not been achieved, the Recovery Strategy will be reassessed. If by January 2020 a 20% reduction in groundwater withdrawals used for frost/freeze protection has not been achieved or if the Minimum Aquifer Level has not been achieved, the Recovery Strategy will be reassessed. Evaluation of these reduction goals will include the frost/freeze design event specified in the WUP Applicant’s Handbook Part B, Section 3.9.4.2.2. 3.9.4.2.2.1.

(5) No change.