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Ref-06353 Appendix B

Appendix B.doc

Appendix B.doc

Appendix B.doc

Appendix B.doc

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Agency:: Water Management Districts
40C. St. Johns River Water Management District

Related Rules

Related Notices

16911482.By notice published in the Florida Administrative Register (FAR) on February 12, 2015, the St. Johns River Water Management District (“SJRWMD”) initiated 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 is 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 40C-4.091, since SJRWMD intends to amend parts of Volume II; and (2) move and amend language from 40C-42.091 (which currently incorporates Part V of Volume II) to this rule. (Rule 40C-42.091 is proposed for repeal concurrently with this rulemaking). Revisions to Volume II will: (1) amend provisions related to the District-specific thresholds and exemptions regarding agricultural surface water management systems (including §§1.2.3 and 1.3.3) to clarify that any such systems that result in a project area of more than five acres (under DEP’s currently proposed amendment to 62-330.020(2)(d)) and do not exceed any permit threshold in Rule 62-330.020(2)(a), (b), (e), (f), (g), (h), or (j), will be reviewed and acted upon in accordance with Chapter 40C-44; (2) clarify or repeal provisions that refer to the use of local government standards to address District water quantity and quality criteria (including §§ 2.7.1, 3.3.1(d), 3.3.3); (3) amend and clarify several provisions to reflect that DEP may, in certain instances, establish minimum flows and levels that would be applied by SJRWMD (§§ 2.0, 3.5.2); (4) advise that stormwater detention and retention basins are identified as “potentially moderate sanitary hazards” (including §§5.1, 7.1, 9.1); and (5) amend several provisions to implement conforming, clarifying and technical changes (including §§ 1.0, 1.1, 2.1, 4.4, 8.4).
16913616.Management District (SJRWMD) initiated rulemaking to amend its rules consistent with notice published in the Florida Administrative Register on February 12, 2015, the St. Johns River Water Section 373.4131, F.S. These rules were last amended on October 1, 2013, to make them 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 corrections and provide clarifications that have been identified as necessary since October 1, 2013. More specifically, the rulemaking will: (1) delete the reference to standard and general (stormwater) permits in 40C-41.063(4) since the statewide ERP rules only provide for issuance of conceptual approval and individual permits; (2) reflect the movement of 40C-42.091 into 40C-4.091; (3) replace, with better graphics, the figures depicting special basins (identified as Figures 41-1 through 41-4 in 40C-41.023, and as Figures 13.0-1 through 13.0-4 in 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) which is incorporated by reference in 40C-41.043(5)); and (4) update the effective date for Part VI of Volume II as SJRWMD also will correct wording glitches in Volume II. These corrections include deleting language in 13.4.4.(d) (Off-site Land Preservation) that SJRWMD had intended to delete in the previous rulemaking to reflect the adoption of the Uniform Mitigation Assessment Method (UMAM), inserting language in 13.4.2 (Floodplain Storage Criteria) that it had intended to carry over from the rule as it existed before October 1, 2013, and amending Appendix B of Volume II to reflect that lands within Polk County were transferred to the Southwest Florida Water Management District, effective at 12:01 a.m. on July 1, 2003, per subsection 373.0691(2), Florida Statutes (2015).