16812736, 40C-41.023 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16812736

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

SURFACE WATER MANAGEMENT BASIN CRITERIA

Overview

RULE:

40C-41.023	Basin Boundaries
40C-41.043	Application of Chapter
40C-41.063	Conditions for Issuance of Permits

PURPOSE:

Management District (SJRWMD) initiated rulemaking to amend its rules consistent with By 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).

SUMMARY:

The proposed rule revisions will correct and clarify text in light of provisions in Chapter 62-330, F.A.C., and movement of 40C-42.091 into 40C-4.091, correct wording glitches in Volume II (including minor changes to provisions regarding off-site land preservation and floodplain storage criteria) that resulted from the initial rulemaking for the statewide ERP rules, and amend the boundaries of the Ocklawaha River Basin to reflect that lands within Polk County were transferred by operation of law to the Southwest Florida Water Management District.

RULEMAKING AUTHORITY:

369.318, 373.044, 373.113, 373.4131, 373.415, 373.418, F.S.

LAW:

369.318, 373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461, F.S.

PRINT PUBLISH DATE:

11/24/2015 Vol. 41/228

COMMENTS:

From 11/24/2015 To 12/15/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-02657 Form 40C-41.063(4) Local Government Notification
Ref-02999 Environmental Resource Permit Applicant's Handbook, Volume II (Appendix B)
Ref-03001 Environmental Resource Permit Applicant's Handbook, Volume II (Part VI)

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