The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating rulemaking to amend the above-referenced rule. This rule was last amended on October 1, 2013, to make it consistent with section 373.4131, F.S., which ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.: RULE TITLE:

40C-4.091: Publications Incorporated by Reference

PURPOSE AND EFFECT: The St. Johns River Water Management District (SJRWMD) gives notice that it is initiating rulemaking to amend the above-referenced rule. This rule was last amended on October 1, 2013, to make it 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 minor corrections and provide clarifications that have been identified as necessary since October 1, 2013, and to address comments received from the Office of Fiscal Accountability and Regulatory Reform (OFARR). More specifically, the effect of the rulemaking will be to: (1) update the effective date for the parts of 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) incorporated by reference in Rule 40C-4.091, F.A.C. since SJRWMD intends to amend parts of Volume II; and (2) insert (transfer) into this rule language from Rule 40C-42.091, F.A.C. (which currently incorporates Part V of Volume II) and which will be repealed upon such transfer. Revisions to Volume II will: (1) amend provisions related to the District-specific thresholds and exemptions regarding agricultural surface water management systems to clarify that any such systems that result in a project area of more than one acre and do not exceed any permit threshold in paragraphs 62-330.020(2)(a), (b), (e), (f), (g), (h), or (j), F.A.C. will be reviewed and acted upon in accordance with Chapter 40C-44; (2) , F.A.C. amend or repeal provisions that refer to the use of local government standards to address District water quantity and quality criteria; and (3) amend certain provisions in Volume II to reflect that DEP may, in certain instances, establish minimum flows and levels that would be applied by SJRWMD.

SUBJECT AREA TO BE ADDRESSED: This rule development will include: (1) rule revisions to needed to correct and clarify text in light of provisions in Chapter 62-330, F.A.C., and (2) rule revisions on the following topics: (a) use of local government standards to address District water quantity and quality criteria; and (b) District-specific thresholds and exemptions regarding agricultural surface water management systems. These revisions will be accomplished in part through amendments to parts of 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) that are incorporated by reference in Rule 40C-4.091, F.A.C.

Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.

RULEMAKING AUTHORITY: 373.044, 373.046(4), 373.113, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.461, FS.

LAW IMPLEMENTED: 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461(3), FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: March 12, 2015, 2:30 p.m.

PLACE: Governing Board Room, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177

Information on how to attend the rule workshop by telephone is available at:

http://floridaswater.com/ruledevelopment/ under the Notice of Rule Development column for this rulemaking

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 at [phone] 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Wendy Gaylord, Legal Administrative Assistant, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], or [e-mail]. The preliminary text, including revisions to Volume II, may be reviewed at http://floridaswater.com/ruledevelopment/.

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

40C-4.091 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference:

(a)1. Part I “Introduction, Organization, Definitions and Applicability available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-01831],” Part II “General Criteria,” available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-01832], Part III “Stormwater Quantity/Flood Control,” available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-01833], Part IV “Stormwater Quality,” available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-01834], and Part V “Best Management Practices,” available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-03000],

2. Part VI “Basin Criteria,” available at [insert URL from DOS http://www.flrules.org/Gateway/reference.asp?No=Ref-03001],

3. Appendix A “Drainage Basins for Cumulative Impacts Evaluation and Regional Watersheds for Mitigation Banking,” available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-03008],

4. Appendix B “Legal Description Upper St. Johns River Hydrologic Basin,” “Legal Description Ocklawaha River Hydrologic Basin,” “Legal Description Wekiva River Hydrologic Basin,” “Legal Description Wekiva Recharge Protection Basin,” “Legal Description Econlockhatchee River Hydrologic Basin,” “Legal Description Sensitive Karst Areas Basin, Alachua County,” “Legal Description Tomoka River Hydrologic Basin,” “Legal Description Spruce Creek Hydrologic Basin,” “Legal Description Sensitive Karst Areas Basin, Marion County,” and “Legal Description Lake Apopka Hydrologic Basin,” available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-02999],

5. Appendix C (“Methodology and Design Example for the Modified Rational Hydrograph Method”) available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-03009], and

6. Appendix D, available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-03010], 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 (effective date 10-1-13).

(b) through (e) No change.

(2) No change.

Rulemaking Authority 369.318,  373.044, 373.046(4), 373.113, 373.117, 373.4131, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.461 FS. Law Implemented 120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.117, 373.129, 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.419, 373.423, 373.426, 373.461(3), 403.0877 FS. History–New 12-7-83, Amended 10-14-84, Formerly 40C-4.091, Amended 5-17-87, Formerly 40C-4.0091, Amended 8-20-87, 10-1-87, 10-11-87, 11-26-87, 8-30-88, 1-1-89, 8-1-89, 10-19-89, 4-3-91, 9-25-91, 11-12-91, 3-1-92, 7-14-92, 9-8-92, 9-16-92, 11-12-92, 11-30-92, 1-6-93, 1-23-94, 2-27-94, 11-22-94, 10-3-95, 8-20-96, 11-25-98, 12-3-98, 1-7-99, 1-11-99, 8-21-00, 7-8-01, 10-11-01, 4-10-02, 9-26-02, 3-7-03, 11-11-03, 2-1-05, 12-3-06, 7-1-07, 5-13-08, 11-5-08, 10-29-09, 2-16-10, 12-27-10, 10-1-13,______.