305955, 40C-4.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 305955

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS: SURFACE WATER MANAGEMENT SYSTEMS

Overview

RULE:

40C-4.091	Publications Incorporated by Reference
40C-4.301	Conditions for Issuance of Permits (Repealed)
40C-4.900	Forms and Instructions (Repealed)

PURPOSE:

The purposes of this proposed rule amendment are to (1) create the “Wekiva Recharge Protection Basin,” (2) amend and update the environmental resource permit (“ERP”) application forms to reflect both the new criteria for the Wekiva Recharge Protection Basin and current ERP criteria and terminology, (3) create recharge criteria for certain systems located within the Wekiva Recharge Protection Basin that require an ERP pursuant to Chapters 40C-4, 40C-40, 40C-42, or 40C-44, F.A.C., (4) repeal from the Wekiva River Hydrologic Basin the recharge criteria and “Most Effective Recharge Areas” (which areas will be superceded by the new Wekiva Recharge Protection Basin), (5) amend the Wekiva River Hydrologic Basin rules to clarify which criteria apply within the Wekiva River Hydrologic Basin and that the Wekiva recharge criteria only apply within the Wekiva Recharge Protection Basin, (6) amend and update the list of type “A” soils (as defined by the Natural Resources Conservation Service Soil Survey) that are located within the Wekiva Recharge Protection Basin, (7) update cites to reference guides on erosion and sediment control plans (including best management practices), and (8) create a legal description for the Wekiva Recharge Protection Basin, which is for the same area defined as the “Wekiva Study Area” in Section 369.316, Florida Statutes (2005).  The effects of the proposed amendment are to (1) establish the Wekiva Recharge Protection Basin, (2) make the ERP application forms reflect both the new criteria of the Wekiva Recharge Protection Basin and current ERP rule criteria and terminology, (3) require applications to demonstrate that systems within the Wekiva Recharge Protection Basin either retain three inches of runoff from all impervious areas proposed to be constructed on type “A” soils (and percolating into the soils within 72 hours) or otherwise demonstrate that the post-development recharge capacity is equal to or greater than the pre-development recharge capacity, (4) delete the recharge criteria and “Most Effective Recharge Areas” from the Wekiva River Hydrologic Basin, (5) clarify that the Wekiva recharge criteria will only apply in the Wekiva Recharge Protection Basin, (6) update the list of type “A” soils where Wekiva recharge criteria apply, (7) update the reference guides on erosion and sediment control plans, and (8) describe the legal boundaries of the Wekiva Recharge Protection Basin.

SUBJECT:

The proposed rule amendments would create the “Wekiva Recharge Protection Basin” in sections 11.0(d) and 11.3, Figure 11.3-2, and Appendix K of the Applicant’s Handbook (A.H.), amend and update the ERP application form in Sections D, E, and H of Form 40C-4.900(1), create recharge criteria for certain systems located within the Wekiva Recharge Protection Basin requiring an ERP in section 11.3.1, A.H., repeal the recharge criteria and “Most Effective Recharge Areas” from the Wekiva River Hydrologic Basin in section 11.3.1 and Figure 11.3-2, A.H., amend and update the list of type “A” soils in section 18.1, A.H., and update reference guides on erosions and sediment control plans in section 18.4, A.H.

RULEMAKING AUTHORITY:

369.318, 373.044, 373.113, 373.418 FS.

LAW:

369.316, 369.318, 373.413, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461 FS.

PRINT PUBLISH DATE:

5/5/2006 Vol. 32/18

RELATED STATUTES
AND LAWS:

369.318, 373.044, 373.113, 373.418 FS., 369.316, 369.318, 373.413, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=40C-4.091&PDate=5/5/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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