iiinutes of the Meeting August 4, 1982 '
Board of Governors Page Twelve
Following consideration and without objection, the Board approved continuance of
Groups B, C, and D, to the September 1b 1982 meeting, as recommended by the staff.
Proposed Rules)to Implement Public Supply Permitting Delecation -
cthrit b to Initiate Rule Making
Mr. Shultz advised that implementation of the public supply delegation from the
Department of Environmental Regulation (DER) can best be achieved by adoption
of additional rules into existing Part III Rules. He said that after consulta-
tion with the Well Drillers Advisory Committee, the staff developed the language
for proposed Rule 40D-3.042 Public Water System Supply Wells, and 40D-3.461 -
Inspection. He said that in order to assure that rule making will be concluded
by the time delegation is finalized, the staff recommended the Board authorize
the staff to initiate rule making. Following discussion, Mr. Crane moved,
seconded by Ms. Kumpe, to authorize the staff to initiate rule making procedures
for Rule 40D-3.042 and 40D-3.461, as recommended by the staff. Motion carried
Consideration of Adoption of Proposed Rule Amendment No. 95 Relating to Rule
40D-8.624(1)(i), Establish Lake Levels for Lakes Agnes, Clearwater, Helena, Juliana,
Mud, Tennessee and Little Lake Agnes
Mr. Ahern stated that as a result of staff testimony and citizen input received
at the public workshop on May 27, and public hearing on June 24, chaired by
Mr. Updike as Hearing Officer, a recommended order has been prepared recommending
the following levels in feet above mean sea level:
Ten-Year Minimum Minimum Minimum
Flood Warninq Flood Level (Low (Extreme Low
O Lakes Level Level Management) Management)
Agnes, Lake 135.20' 135.75' 132.75' 130.75'
Clearwater Lake 146.20' 143.50' 141.00' 139.00'
Helene, Lake 144.80' 144.00' 141.00' 139.00'
Juliana, Lake 134.70' 132.50' 130.00' 127.50'
Little Lake Agnes 135.20' 136.00' 133.00' 131.00'
Mattie, Lake 134.70' 132.50' 130.00' 127.50'
Mud Lake 141.80' 141.50' 137.75' 136.00'
Tennessee, Lake 134.70 134.00' 130.00' 128.00'
Mr. Ahern said the staff recommended adopting the Hearing Officer's recommended
Order setting levels on Lakes Agnes, Clearwater, Helene, Juliana, Little Lake
Agnes, Mattie, Mud and Tennessee, in the Green Swamo, and to adopt the levels
from the recommended Order into Chapter 40D-8.624(1)(X) of the District Rules.
Following consideration, and an oDportu'nity for all present to be heard, Mr.
Lambert moved, seconded by Ms. Kumpe, to adopt Order No. 82-18, setting forth
the ten-year flood warning level, minimum flood level, minimum level (low manaoe-
ment) and minimum level (extreme low management) on Lakes Agnes, Clearwater, Helerc.
Juliana, Little Lake Agnes, Mattie. Mud and Tennessee, as recommended by th
staff. Motion carried unanimously. Mr. :Lambert then moved, seconded by Ms. Kur
to adopt the levels as set forth in Proocsed FRl'ie Amendment No. 95 as Dart
Chapter 40D-8.624(1)(i) of the Rules. as reco6wended by the staff. Motion carrin
Mr. Ahern introduced the jacket into evidence as Exhibit No. 6.