The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend rule 40B-8.021 and develop rule 40B-8.121, F.A.C. for the purpose of implementing new minimum water levels for ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NOS.:RULE TITLES:

40B-8.021Definitions

40B-8.121Minimum Surface Water Levels for Lakes

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend rule 40B-8.021 and develop rule 40B-8.121, F.A.C. for the purpose of implementing new minimum water levels for Lake Butler in Union County. The effect of the rule will be to provide protection for this lake from significant harm resulting from consumptive uses of ground and surface water.

SUMMARY: Lake Butler minimum water levels

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 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 amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to require legislative ratification pursuant to Section 120.541(3), F.S.

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.

RULEMAKING AUTHORITY: 373.044, 373.113 FS.

LAW IMPLEMENTED: 373.042, 373.0421, 373.103 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 5 days before the workshop/meeting by contacting: SRWMD at [phone] or 1(800)226-1066 (FL only). 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: Warren Zwanka, P.G., Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-8.021 Definitions.

Unless the context indicates otherwise, the following terms shall have the following meanings:

(1) through (26) no change.

(27) “NAVD” means North American Vertical Datum of 1988.

(27) through (46) renumbered (28) through (47)

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042 FS. History–New 9-15-05, Amended 8-7-06, 7-29-07, 12-10-07, 6-27-16, 8-15-19, [DATE].

 

40B-8.121 Minimum Surface Water Levels for Lakes.

(1) The following terms, as used in this rule, shall have the following meanings:

(a) “Minimum Frequent High” means a chronically high surface water level or flow with an associated frequency and duration that allows for inundation of the floodplain at a depth and duration sufficient to maintain wetland functions.

(b) “Minimum Frequent Low” means a chronically low surface water level or flow that generally occurs only during periods of reduced rainfall. This level is intended to prevent deleterious effects to the composition and structure of floodplain soils, the species composition and structure of floodplain and instream biotic communities, and the linkage of aquatic and floodplain food webs.

(c) “Seasonally Flooded” means a hydroperiod category where surface water is typically present for extended periods (30 days or more) during the growing season, resulting in a predominance of submerged or submerged and transitional wetland species. During extended periods of normal or above normal rainfall, lake levels causing inundation are expected to occur several weeks to several months every one to two years.

(d) “Semi-Permanently Flooded” means a hydroperiod category where surface water inundation persists in most years. When surface water is absent the water table is usually near the land surface. In many lakes with emergent marshes this water level is near the lower elevation that supports emergent marsh or floating vegetation and peat substrates, or other highly organic hydric substrates. This characterization may not be true for herbaceous wetlands around sandhill type lakes, which often have emergent vegetation that follows declining water levels to below the lower elevation of peat substrate. Water levels causing inundation are expected to occur approximately eighty percent of the time over a long-term period of record. Exposure of these ground elevations is expected to re-occur, on average, about every five to ten years for extended periods (several or more months) during moderate droughts.

(2) The following minimum surface water levels are established:

 

Water Body Name	County (Latitude/ Longitude)	Minimum Level	Level (Feet NAVD)	Event	Hydroperiod Category	Duration (Days)	Return Interval (Interval Measurement Period)
Lake Butler	Union (30º02’00’’N/ 082º20’12”W)	Minimum Frequent High	129.55	Flooding	Seasonally flooded	30	2 years (June 1 to May 31)
		Minimum Frequent Low	127.30	Exposure	Semi-permanently flooded	120	5 years (October 1 to September 30)

 

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History–New     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: SRWMD Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 11, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 1, 2021