The purpose and effect of the proposed rule amendment will be to adopt a minimum water level for Lake Butler in Volusia County in 40C-8.031.

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

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 adopt a minimum water level for Lake Butler in Volusia County in 40C-8.031.

SUMMARY: The proposed rule would establish a minimum water level for Lake Butler pursuant to the mandate of Section 373.042, Florida Statutes. The terms herein are already defined in Chapter 40C-8, F.A.C. As with all minimum water levels established by the District, if adopted, the minimum water level 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.

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 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, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) through (4) No change.

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

System Name	County	Minimum Level	Level (ft NAVD)
Butler	Volusia	P50 (median)	20.1
Lochloosa	Alachua	P50 (median)	56.5

 

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 {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 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 {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 (5), _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Mayton, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] or [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: August 11, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 10, 2020