The purpose and effect of the proposed rule amendment will be to create two new definitions in 40C-8.021 and amend the minimum water levels for Lake Brooklyn and Lake Geneva in Clay and Bradford Counties in 40C-8.031.

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NOS.:RULE TITLES:

40C-8.021Definitions

40C-8.031Minimum Surface Water Levels and Flows and Groundwater Levels

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to create two new definitions in 40C-8.021 and amend the minimum water levels for Lake Brooklyn and Lake Geneva in Clay and Bradford Counties in 40C-8.031.

SUMMARY: The proposed rules would define “P25” and “P75” and amend minimum water levels for the waterbodies mentioned above pursuant to the mandate of section 373.042, F.S. The terms herein are already defined in Rule Chapter 40C-8, F.A.C. As with all minimum flows and levels established by the District, if adopted, the minimum flows and levels in this rule amendment would be used as a basis for imposing limitations on withdrawals of groundwater and surface water in the consumptive use permit regulatory process and for reviewing proposed surface water management systems in the environmental resource permit regulatory process.

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 amendments, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District 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 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 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the regularly scheduled Governing Board Meeting on May 11, 2021.

PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177

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, [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 IS: Tom Mayton, Deputy General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] or [e-mail], and Mary Ellen Winkler, General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-8.021: Definitions

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

(1) through (13) No change.

(14) “P25” means the percentile ranking represented by the elevation of the water surface or the flow of the spring or surface water that is equaled or exceeded 25 percent of the time as determined from a long-term water level or flow time series.

Renumber (14) as (15) No change.

(16) “P75” means the percentile ranking represented by the elevation of the water surface or the flow of the spring or surface water that is equaled or exceeded 75 percent of the time as determined from a long-term water level or flow time series.

Renumber (15) through (21) as (17) through (23) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.103, 373.415 FS. History–New 9-16-92, Amended 8-17-94, 6-8-95, 3-19-02, 6-25-14, 1-30-19,_______.

 

40C-8.031 Minimum Surface Water Levels and Flows and Groundwater Levels

(1) through (3) No change.

 

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

System Name	County	Minimum Level	Level (ft NGVD)	Level (ft NAVD)	Hydroperiod Category	Duration (days)	Return Interval (years)

(a) through (l) No change.

 

(m) Brooklyn	Clay	Frequent High	114.6	113.5	Temporarily Flooded	–	–
		Average	108.0	106.9	Typically Saturated	–	–
		Frequent Low	101.0	99.9	Semipermanently Flooded	–	–

 

Reletter (n) through (ll) as (m) through (kk) No change.

 

(mm) Geneva	Clay	Frequent High	103.0	101.9	Seasonally Flooded	–	–
		Average	101.0	99.9	Typically Saturated	–	–
		Frequent Low	98.5	97.4	Semipermanently Flooded	–	–

 

Reletter (nn) through (ccccc) as (ll) through (aaaaa) No change.

(5) The following minimum surface water levels are established as exceedance percentiles:

System Name	County	Minimum Level	Level (ft NAVD)
Brooklyn	Clay	P25	111.5
		P50	106.2
		P75	98.6
Butler	Volusia	P50 (median)	20.1
Geneva	Bradford,	P25	101.7
	Clay	P50	98.3
		P75	89.3
Lochloosa	Alachua	P50 (median)	56.5

The minimum P25, P50, and P75 levels for Lake Brooklyn are based on the MFLs condition lake level time series (7/17/1957 – 12/31/2018), effective {effective date}, which is incorporated by reference and available at {insert URL} and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

MFL status of Lake Brooklyn will be assessed by comparing the minimum P25, P50, and P75 to the current P25, P50, and P75, respectively. The current P25, P50, and P75 for Lake Brooklyn are calculated by updating the current-pumping condition lake level time series (7/17/1957 – 12/31/2018) with post-2018 observed data at SJRWMD gage 3360373. The current-pumping condition lake level time series is incorporated by reference and available at {insert URL} and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

The minimum P50 level for Lake Butler is a long-term median lake level based on the MFLs condition lake level time series (1949 – 2018), effective September 30, 2020, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12168 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

MFL status of Lake Butler will be assessed by comparing the minimum P50 to the current P50. The current P50 for Lake Butler is calculated by updating the simulated historical lake level time series (1949 – 2018) with post-2018 observed data at SJRWMD gage 03390378. The simulated historical lake level time series is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12168 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

The minimum P25, P50, and P75 levels for Lake Geneva are based on the MFLs condition lake level time series (7/1/1957 – 12/31/2018), effective {effective date}, which is incorporated by reference and available at {insert URL} and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

MFL status of Lake Geneva will be assessed by comparing the minimum P25, P50, and P75 to the current P25, P50, and P75, respectively. The current P25, P50, and P75 for Lake Geneva are calculated by updating the current-pumping condition lake level time series (7/1/1957 – 12/31/2018) with post-2018 observed data at SJRWMD gage 11590497. The current-pumping condition lake level time series is incorporated by reference and available at {insert URL} and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

The minimum P50 level for Lochloosa Lake is a long-term median lake level based on the MFLs condition lake level time series (1957 – 2015), effective 1-30-19, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10225 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

MFL status of Lochloosa Lake will be assessed by comparing the minimum P50 to the current P50. The current P50 for Lochloosa Lake is calculated by updating the simulated historical lake level time series (1957 – 2015) with post-2015 observed data at SJRWMD gage 71481615. The simulated historical lake level time series is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10225 and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177-2529.

(6) through (13) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103, 373.415 FS. History–New 9-16-92, Amended 8-17-94, 6-8-95, 1-17-96, 8-20-96, 10-20-96, 11-4-98, 6-27-00, 2-13-01, 3-19-02, 5-12-03, 11-10-03, 1-12-04, 2-1-06, 12-3-06, 5-10-07, 5-24-07, 1-11-10, 8-22-13, 4-3-14, 11-25-14, 12-31-14, 1-31-16 (4)(aaa), 1-31-16 (4)(ssss), 2-1-17 (4)(w), 2-1-17 (6), (8), 6-27-17 (7), 6-29-17 (5), (8), (9), 1-30-19, 9-30-20,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Mayton, Deputy General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] [e-mail], and Mary Ellen Winkler, General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone] [e-mail].

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: April 13, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 12, 2020