Title: Consumptive Use of Water
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Title: Consumptive Use of Water
Alternate Title: Water Management Districts; SWFWMD. Rule Chapter Title: Consumptive Use of Water; Rule Chapter No. 40D-2, Rule Titles: Publications Incorporated by Reference Conditions for Issuance of Permits; Rule Nos: 40D-2.091, 40D-2.301; Purpose and Effect: Simultane
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 12 ( SF MINIMUM FLOWS AND LEVELS, Volumes 1 and 2 ), Item 3
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Florida Administrative Weekly Volume 23, Number 23, June 6, 1997

(2) Provide long-range guidance for the physical, economic, identification of regionally significant resources including
K and social development of the region. highest quality FNAI natural communities occurrences: rarest
(3) Enunciate public policy for the resolution of regional issues FNAI natural communities: specific locations of endangered.
through the establishment of regional goals and policies. threatened, special concern and rare species of plants and
(4) Enumerate minimum policies, standards, and criteria for animals: significant wildlife aggregation areas: strategic
development of regional impact and other regional overview habitat conservation areas: and regionally significant facilities.
and comment functions. A copy of the Plan may be obtained from the West Florida
(5) Assist in state determination of consistency of local Regional Planning Council Office, 3435 North 12th Avenue,
comprehensive plans with regional and state comprehensive Pensacola, Florida 32593-0486.
plans. Specific Authority 186.507, 186.508 FS. Law Implemented 186.507, 186.508
(6) Identify the basis for decisions by the regional planning FS. History-New 8-7-96. Amended __
council. WATER MANAGEMENT DISTRICTS
(7) Provide a regional basis and perspective for the Southwest For
.Southwest Florida Water Management District
coordination of governmental activities and the resolution of RULE CHAPTER TITLE: RULE CHA R N.
problems and issues that are of greater than local concern or Consu e Use of
Consumptive Use of Water 40D-2
scope. RULE TITLES: RULE NOS.:
(8) Guide application of state agency functions in a region to Publications Incorporated by Reference 40D-2.091
the extent provided for by law. Conditions for Issuance of Permits 40D-2.301
(9) Identify additional significant regional resources, PURPOSE AND EFFECT: Simultaneously with this notice of
infrastructure needs, or other issues of importance to the rule development, the District is also giving notice of the
region. Also, the proposed rule development amendment development of rules to establish minimum flows and levels to
includes three additional maps of significant regional satisfy the requirements of section 373.042, F.S. Section
resources. 373.042, F.S. requires that minimum flows and levels be
SUBJECT AREA TO BE ADDRESSED: Natural Resources established for the District's designated priority waterbodies
of Regional Significance. within Pasco, Hillsborough and Pinellas Counties by October
SPECIFIC AUTHORITY: 186.507, 186.508 FS. 1, 1997. The changes to the Conditions for Issuance of Permits
LAW IMPLEMENTED: 186.507, 186.508 FS. and the Basis of Review For Water Use Permit Applications
IF REQUESTED AND NOT DEEMED UNNECESSARY BY set out below set forth how the established minimum flows and
THE AGENCY HEAD, A RULE DEVELOPMENT levels will be used in the District's water use permitting
WORKSHOP WILL BE HELD AT THE TIME, DATE AND program.
PLACE SHOWN BELOW: SUBJECT AREA TO BE ADDRESSED: The regulatory
TIME AND DATE: 5:00 p.m., CST, Monday, June 30, 1997 implementation of minimum flows and levels in the District's
PLACE: WFRPC Conference Room, 3435 N.,12th Avenue, water use permitting program.
Pensacola, Florida 32503 SPECIFIC AUTHORITY: 373.042, 373.0421, 373.044,
THE PERSON TO BE CONTACTED REGARDING THE 373.103, 373.113, 373.149, 373.171 FS.
PROPOSED RULE DEVELOPMENT IS: Lel Czeck, West LAW IMPLEMENTED: 373.042, 373.0421, 373.103,
Florida Regional Planning Council, P. O. Box 486, Pensacola, 373.171, 373.219, 373.223, 373.229, 373.239, 373.243 FS.
FL 32593-0486, (904)444-8910 A RULE DEVELOPMENT WORKSHOP WILL BE HELD
AT THE TIME, DATE AND PLACE SHOWN BELOW:
THE PRELOPMENTRY TEXT OF THE PROPOSED RULE TIME AND DATE: 9:00 a.m., June 25, 1997, (As a part of the
monthly Governing Board Meeting)
29A-4.001 West Florida Strategic Regional Policy Plan. PLACE: Southwest Florida Water Management District,
The West Florida Regional Planning Council hereby Governing Board Room, 2379 Broad Street, Brooksville,
incorporates by reference the West Florida Strategic Regional Florida
Policy Plan. TIME AND DATE: 9:00 a.m., July 1, 1997
The Plan contains six parts: PLACE: Tampa Service Office, 7601 U.S. Highway 301,
A statement of purpose; an executive summary briefly North, Tampa, Florida
describing the strategic regional subject areas and selected GOVERNING BOARD MEMBERS MAY BE IN
goals and policies; strategic regional subject areas trends and ATTENDANCE.
conditions statements and regional goals and policies; a TIME AND DATE: 5:30 p.m. to 8:30 p.m., July 10, 1997
coordination outline providing an overview of regional PLACE: Gaither High School, 16200 North Dale Mabry
planning activities; a glossary of terms and key words; and Highway, Tampa, Florida










Florida Administrative Weekly Volume 23, Number 23, June 6, 1997


GOVERNING BOARD MEMBERS MAY BE IN 2- Streamlow to be reduced below the minim
ATTENDANCE. regulatory-flow eve las estblished4n Chapter 40D A..
THE PERSON TO BE CONTACTED REGARDING THE --Petentiemetrie-surfae-e r water-table --leels--e -be
PROPOSED RULE DEVELOPMENT IS: Karen A. Lloyd, reduced belw minimum regulator level establish d in
Senior Attorney, Office of General Counsel, 2379 Broad Chapter-40D -8-IEA
Street, Brooksville, Florida 34609-6899, (352)796-7211, The Southwest Florida Water Management District does not
extension 4651 discriminate on the basis of any individual's disability status.
Anyone requiring reasonable accommodation as provided for
TlE PRELIMINARY TEXT OF TIE PROPOSED RULE in the American's With Disabilities Act should contact Dianne
DEVELOPMENT IS:
Lee at (352)796-7211 or 1(800)423-1476, extension 4658;
40D-2.091 Publications Incorporated by Reference. TDD only number 1-800-231-6103; FAX number
The "Basis of Review for Water Use Permit Applications" (352)754-6878/SUNCOM 663-6878.
April--1 --1994, the "Agricultural Water Use
Form," July 24, 1990, and the "Agricultural Water Allotment WATER MANAGEMENT DISTRICTS
Form," July 24, 1990, are hereby incorporated by reference Southwest Florida Water Management District
into this Chapter and are available from the District upon RULE CHAPTER TITLE: RULE CHAPTER NO.:
request. Individual Environmental Resource
Permits 40D-4
Specific Authority 120.54(1), 373.042. 373.0421. 373.044, 373.103. 373.113, P ts 40D
373.17 FS. Law Implemented 373.042. 373.0421. 373,103. 373.171. 373.219, RULE TITLE: RULE NO.:
373.239, 373.243 FS. History-New 10-1-89. Amended 11-15-90, 2-10-93, Publications and Agreements Incorporated
3-30-93, 7-29-93, 4-11-94. __ by Reference 40-40
by Reference 40D-4.091
40D-2.301 Conditions for Issuance of Permits. PURPOSE AND EFFECT: Simultaneously with this notice of
(1) In order to obtain a Water Use Permit, an Applicant rule development, the District is also giving notice of the
must demonstrate that the water use is reasonable and development of rules to establish minimum flows and levels to
beneficial, is in the public interest, and will not interfere with satisfy the requirements of section 373.042, F.S. Section
any existing legal use of water, by providing reasonable 373.042, F.S. requires that minimum flows and levels be
assurances, on both an individual and a cumulative basis, that established for the District's designated priority waterbodies
the water use: within Pasco, Hillsborough and Pinellas Counties by October
(a) through (c) No change. 1, 1997. The changes to the Basis of Review For Water Use
(d) Will comply with the provisions of 4.3 of the Basis of Permit Applications set out below set forth how the established
Review described in 40D-2.091 nt-eause water leveler ra minimum flows and levels will be used in the District's water
of flow -o deviate-from the ranges set forth in Chapter 4D ; use permitting program.
(e) through (n) No change. SUBJECT AREA TO BE ADDRESSED: The regulatory
(2) through (3) No change. implementation of minimum flows and levels in the District's
water use permitting program.
Specific Authority 1254ClI)13.Q_42J7TQ42L 373.044, 323Jfi 373.113, SPECIFIC AUTHORITY: 120.54(1), 373.044, 373.046,
373.149, 373.171 FS. Law Implemented 373.042. 373 0421. 373.103. 373.171.
373.219, 373.223, 373.229 FS. History-Readopted 10-5-74, Amended 373.113, 373.171, 373.414 FS.
12-31-74, 2-6-78, 7-5-78, Formerly 16J-2.11, 16J-2.111, Amended 1-25-81, LAW IMPLEMENTED: 120.54(1), 373.046, 373.103(8
10-1-89,2-10-93. LAW IMPLEMENTED: 120.54(1), 373.046, 373.103(8),
373.114, 373.403, 373.413, 373.414, 373.416, 373.429,
WATER USE PERMITTING BASIS OF REVIEW 373.441 FS.
The following changes are made to Chapter 4.0: A RULE DEVELOPMENT WORKSHOP WILL BE HELD
4.0 CONDITIONS FOR ISSUANCE TECHNICAL AT THE TIME, DATE AND PLACE SHOWN BELOW:
CRITERIA TIME AND DATE: 9:00 a.m., June 25, 1997, (As a part of the
4.3 MINIMUM FLOWS AND LEVELS monthly Governing Board Meeting)
Applicants shall demonstrate compliance with established PLACE: Southwest Florida Water Management District,
minimum flows and levels as set forth in 40D-8 F.A.C. by Governing Board Room, 2379 Broad Street, Brooksville,
showing that the proposed withdrawal is consistent'with the Florida
District's applicable Regional Water Supply Plan. including TIME AND DATE: 9:00 a.m., July 1, 1997
any recovery strategies contained within the Plan. PLACE: Tampa Service Office, 7601 U.S. Highway 301,
Water "withravwals must not cause: North, Tampa, Florida
1. Lake levels to be reduced below the applicable GOVERNING BOARD MEMBERS MAY BE IN
minimum-water-levelestablished i Chapter 40D-8, F.A.C. ATTENDANCE.
TIME AND DATE: 5:30 p.m. to 8:30 p.m., July 10, 1997


2782 Section I Notices of Development of Proposed Rules











Florida Administrative Weekly Volume 23, Number 23, June 6, 1997

PLACE: Gaither High School, 16200 North Dale Mabry 4.6.1 In addition to the design considerations in 4.6 above.
Highway, Tampa, Florida the system shall not reduce or suppress the flow of a
GOVERNING BOARD MEMBERS MAY BE IN watercourse or the level of water in a wetland or other surface
ATTENDANCE. water below a minimum flow or level that has been established
THE PERSON TO BE CONTACTED REGARDING THE pursuant to Section 373.042. FS.
PROPOSED RULE DEVELOPMENT IS: Karen A. Lloyd, The Southwest Florida Water Management District does not
Senior Attorney, Office of General Counsel, 2379 Broad discriminate on the basis of any individual's disability status.
Street, Brooksville, Florida 34609-6899, (352)796-7211, Anyone requiring reasonable accommodation as provided for
extension 4651 in the American's With Disabilities Act should contact Dianne
Lee at (352)796-7211 or 1-800-423-1476, extension 4658;
THE PRELIMINARY TEXT OF THE PROPOSED RULE TDD only number 1-800-231-6103; FAX number
DEVELOPMENT IS: (352)754-6878/SUNCOM 663-6878.

40D-4.091 Publications and Agreements Incorporated by ATER MANAGEMENT DISTRICTS
Reference.
The following documents are hereby incorporated into this Southwest Florida Water Management District
chapter and Chapters 40D-40 and 40D-400, F.A.C.: RULE CHAFER TITLE: RULE CHAPTER NO.:
Water Levels and Rates of Flow 40D-8
(1) "Basis of Review for Environmental Resource Permit erLevelsd Rates ofFlowRUL
RULE TITLES: RULE NOS.:
Applications within the Southwest Florida Water Management L S 40D-8.0:
District, _July-2341996." This document is available Policy and Purpose40D-801
-Definitions 40D-8.021
from the District upon request. Implementation 40D-8.031
(2) through (3) No change. Implementation 40D-8.031
(2) through (3) No change. Minimum Rates of Flow 40D-8.041
Specific Authority 120.54W((), 373.042. 373.0421. 373.044, 373.046, Publications Incorporated by Reference 40D-8.091
373.113, 373.171, 373.414 FS. Law Implemented 120.54L1S), 213.042.
373.0421 373.046, 373.103(8), 373.114, 373.403, 373.413,373.414, 373.416, Levels for Lakes, Wetlands, and Other
373.429, 373.441 FS. History-New 4-2-87, Amended 3-1-88, 9-11-88, Impoundments 40D-8.603
10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, Cyc V s fr M m W r L l
7-23-96 Cyclic Variations for Minimum after Level 40D-8.605
Minimum Flood Levels 40D-8.611
BASIS OF REVIEW FOR Ten (10) Year Flood Warning Levels 40D-8.613
ENVIRONMENTAL RESOURCE PERMIT Posted Notice 40D-8.616
APPLICATIONS WITHIN Levels for Lakes, Wetlands, and Other
THE SOUTHWEST FLORIDA WATER Impoundments 40D-8.624
MANAGEMENT DISTRICT Minimum Aquifer Levels in Northern
The following changes are made to Chapter Three Hillsborough, Pasco, and Pinellas Counties 40D-8.626
Environmental: PURPOSE AND EFFECT: To establish minimum flows and
3.2.2.4 Water quantity impacts to wetlands and other surface levels to satisfy the requirements of section 373.042, .S.
waters: Section 373.042, F.S. requires that minimum flows and levels
Pursuant to paragraph 3.1.1(a), an applicant must provide be established for the District's designated priority waterbodies
reasonable assurance that the regulated activity will not change within Pasco, Hillsborough and Pinellas Counties by October
the hydroperiod of a wetland or other surface water, so as to 1, 1997. The draft rules set forth the scientific methodology for
adversely affect wetland functions or other surface water establishing minimum flows and levels for the priority
functions as follows: waterbodies and set forth the minimum levels calculated to
(a) through (c) No change. date. The proposed rules also set forth implementation
(d) The activity shall not reduce or suppress the flow of a provisions which generally describe how the established
watercourse or the level of water in a wetland or other surface minimum flows and levels will be used within the District's
water below a minimum flow or level that has been established water use and environmental resource permitting programs as
pursuant to Section 373.042. ES. part of the recovery strategy called for by Section 373.0421,
The following changes are made to Chapter Four Water F.S. (1997). The previously adopted levels for lakes within the
Sy District are renamed to avoid confusion with those lake levels
Quantity:
adopted pursuant to the proposed methodology.
4.6 Overdrainage and water conservation Where
practicable, systems shall be designed to:
1. through 6. No change.





Section I Notices of Development of Proposed Rules 2783











Florida Administrative Weekly Volume 23, Number 23, June 6,1997


SUBJECT AREA TO BE ADDRESSED: The establishment (4) Minimum flows and levels prescribed in Chapter )
and general regulatory implementation of minimum flows and 40D-8 are used as a basis for imposing limitations on
levels for priority waterbodies within Pasco, Hillsborough and withdrawals of water and certain other activities. These
Pinellas Counties pursuant to Section 373.042 and 373.0421, limitations are prescribed in this and other chapters pats of the
F.S. (1997). rules of the District.
SPECIFIC AUTHORITY: 120.54, 373.016, 373.023, 373.044, (5) In establishing minimum rates of flow and levels the
373.103, 373.113, 373.133, 373.149, 373.171 FS. Board shall use the best information available.
LAW IMPLEMENTED: 120.53, 120.54, 373.016, 373.023, (6) In establishing minimum rates of flow and levels the
373.026, 373.0395, 373.042, 373.0421, 373.044, 373.086, Board shall also consider, and at its discretion may provide for.
373.103, 373.171, 373.339 FS. the protection of non-consumptive uses. including navigation.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD recreation. and aesthetic and scenic attributes.
AT THE TIME, DATE AND PLACE SHOWN BELOW (7) Where existing flows or levels are below the
TIME AND DATE: 9:00 a.m., June 25, 1997 (As a part of the established minimum flow or level, the District shall address
monthly Governing Board Meeting) achieving the established flow or level via a recovery strategy
PLACE: Southwest Florida Water Management District, over a reasonable time period considering both regulatory and
Governing Board Room, 2379 Broad Street, Brooksville, non-regulatory mechanisms.
Florida Specific Authority 120.54(1. 373.016, 373.023, 373.042. 373.0421. 373.044,
TIME AND DATE: 9:00 a.m., July 1, 1997 315 a785.31086- 373.103.13,.21 FS. Law Implemented 373.026, 373.042,
S373.0421. 373.044. 373,085. 373.086. 373.103. 373.171 FS. History-New
PLACE: Tampa Service Office, 7601 U.S. Highway 301, 6-7-78, Amended 1-22-79, Formerly 16J-8.01. Amended
North, Tampa, Florida 40D-8.021 Definitions.
GOVERNING BOARD MEMBERS MAY BE IN 40D 021Deft
ATTENDANCE.The terms set forth herein shall have the meanings ascribed to
them unless the context clearly indicates otherwise, and such
TIME AND DATE: 5:30 p.m. to 8:30 p.m., July 10, 1997
TIME AND DATE: 5:30 p.m. to 8:30 p.m., July 10, 1997 meanings shall apply throughout all District these rules. Te
PLACE: Gaither High School, 16200 North Dale Mabry facilitate easis r rfarence, certain torm. a defined by applicable
Highway, Tampa, Florida ,. *. a, .
Highway, Tampa, Florida statute have been included verbatim with appropriate citation.
GOVERNING BOARD MEMBERS MAY BE IN The terms defined in Rule 40D-B1.U1 40D-002.1 shall also
ATTENDANCE. apply throughout Chapter 40D-8.
THE PERSON TO BE CONTACTED REGARDING THE (1) "Best surface water management practice" in the
PROPOSED RULE DEVELOPMENT IS: Karen A. Lloyd, design, construction, operation, and maintenance of structures
Senior Attorney, Office of General Counsel, 2379 Broad or devices requires a consideration and evaluation of both
Street, Brooksville, Florida 34609-6899, (352)796-7211, long-term and short-term effects of the activity upon the water
extension 4651 resources of the District. Factors to be considered include the
following: -;,A~n,,,,n n," r,,-,. r,: ",h d:,f Irc=,aa:
THE PRELIMINARY TEXT OF THE PROPOSED RULE fol i a r a eanshe di
the es ablished minimum wat.r .lovis an minimum floo
DEVELOPMENT IS:a aa

40D-8.011 Policy and Purpose. receive, cary, or stoe water, to preser-e nn consumptive
(1) The purpose of Chapter 40D-8 is to establish minimum uses of a surface water body. and within this range te Distri
flows and levels at specific locations throughout the District applies and rets best surface wate management practices.
andto describe_ glidancelevels for lakes and other () Conservation and proper utilization of surface water. : , /
impoundments. (b) Prevention of damage from floods, soil erosion. and
(2) Where appropriate, minimum flows and levels may excessive drainage.
reflect seasonal variations and may include a schedule of (c) Preservation of natural resources, fish. and wildlife.
variations and other measures appropriate for the protection of (d) Storage for aquifer recharge.
non-consumptive uses and of the water resources. (e) Navigation, recreation, and aesthetic and scenic
(3) A further purpose of Chapter 40D-8 is to establish attributes.
minimum flood levels and warning levels for surface waters (2) "Guidance Levels" Levels, determined by the
which are anticipated to occur on a somewhat regular basis, District using the best available information and expressed in
and which shall serve as a precautionary warning to all persons feet relative to National Geodetic Vertical Datum, utilized
who would propose to construct facilities which may be either for advisory purposes or to aid in the control of operable
damaged by periodic high water levels, structures: Guidance Levels include: Ten Year Flood Warning
Level: Pre-modification Flood Level: Post-modification Flood
Level: Pre-modification Low Level: and Post-modification )



2784 Section I Notices of Development of Proposed Rules










Florida Administrative Weekly Volume 23, Number 23, June 6, 1997


Low Level. Minimum water level" meansthe level of surface (9) "P50" a percentile ranking defined as the elevation of
water-at-whieh-furthe-withdawals-wouldbe-signifieantly a water surface that is equaled or exceeded more than 50
harmful-lo-the-wateresoufees-of-the area. Suh level sholl-be percent of the time as determined from a stage duration
expressed- s-an-elevatdioni-feet above mean ea and may analysis.
ineerporatealow management-evel and n teme lo (10) "0" a percentile ranking defined as the elevation
management level., .hih together establish the lower limits of of a water surface that is equaled or exceeded more than 90
the management range, to which a water body shall be allowed percent of the time as determined from a stage duration
to fluetuatenaturally analysis
(3) "Minimum Flow" means the levelof flow for a surface (I) "Recovery Flow or Level" A flow or level below
watercourse at which further withdrawals would be the minimum flow or level that is set as an interim level in
significantly harmful to the water resources or ecology of the areas where the existing flow or level is belowthe minimum
area. "Minimum flood level" means the highest lel towhich flow or level, as part of the District's recovery strategy.
a surface -wter-bedy-shall-be -allowed to fluctuate without (12) "Reference Low Value" A value determined from
S interference except-as approved by t. he Board for the. ppe he median of the differences between the annual P1O value
ef-eensermvig-the-waters-in-the-State so as to realiMe hei-full and annual P90 value for lakes in the same geographic region
benefieial-use-Such-tlevel shall be expressed as af-elevati.oh with similar hydrogeologic features and stage reords for at
in-feet-above mean-sea leveh least 6 years.
(4) "Minimum Level" means the level of surface water. (13) "Stage-duration" A plot of water surface elevations
water table, or potentiometric surface at which further of a water body (e.g.. lake. wetland. impoundment) versus the
withdrawals would be significantly harmful to the water cumulative frequency of occurrence of those elevations
resources of the area. Such level shall be expressed as an expressed as the percent of time the water surface fluctuates at
elevation, in feet relative to National Geodetic Vertical Datum. or above a particular elevation.
.T 0) yer g le meansthat.ele ion in Specific Authority 120.54(1). 373.016. 373.023, 373.042. 373.0421. 373.044.
feet-above sea level, whieh- pproxiates the level of f 732.085. 373.06. 373.103 323111 FS. Law Implemented 373.016, 373.042,
expected ole a frequency not l.s than th ten (10) yen 373.421. 373.044. 373.085. 373.086. 373.103. 373.171 FS. History-New
e.pee.onarequency a a 6-7-78, Amended 1-22-79, Formerly 16J-8.02.Amended
feeurring-intervalor -en-a frequency -f not greater than-a-ten
pereent-(40%- probability-of- urenceinany given year,-as 40D-8.031 Implementation.
determined-from analysis-of besavailable-data. (1) The provisions of Chapter 40D-8 of these rules shall
(5) "Management range" means the difference between the continue to be implemented as of May 2, 1978, within the
applicable Low Level and Flood Level pursuant to 40D-8.603. Hillsborough River, Northwest Hillsborough, Green Swamp,
and within this range the District applies and requires best Alafia River, Coastal Rivers, Manasota, Peace River,
surface water management practices. "Best surface water Withlacoochee River and Pinellas-Anclote River Basins and
management practice" in the dgn, construction, oper shall be implemented immediately and shall apply within the
and-maintenance of structures. devices 1reires area annexed into the District by Chapter 78-65, Laws of
eensider-atieonand evaluation of both long term and short-term Florida., and shall apply as follows.
effects of the activity upon the water resources of the District (a) Management levels of lakes and therimpoundments
Faeters tobe e iee de the fllewe as prescribed herein shall beacme effective immediately upon:
(a)C.enservation and proper utilization of surface water. 1. installation of a staff auge in a prominent cation on
(br Preventi-efdaien o i the water bedy
excessive drainage 2. Posting of notice to the public pursuant to Rule
( .Preservation -,ofnatual resources, fish, and wildlife. 40D 8.616; and
(d) Storage for-aquifer-reeharge 3- Publication of notice in a newspaper having general
S(e -Nononsumptve-useincludingbut- t imitedto irulation within the affected area
navigationereatio(b) The extreme low management level adjusted by the
(6) "Pre-modification" a prior w the lake cyclic variation hll beome effective when similar noti has
level fluctuations were altered anthropogen itis been-give
(7) "Post-modification" afterr lake level (2) No Guidance management Llevels shall be prescribed
fluctuations were altered by a surface water conveyance for any reservoir or other artificial structure which is located
system, entirely within lands owned, leased, or otherwise controlled by
(8) "P10" a percentile ranking defined as the elevation of the user, and which require water only for filling, replenishing,
a water surface that is equaled or exceeded more than 10 and maintaining of the water level thereof, provided however:
percent of the time as determined from a stage duration
analysis.



Section I Notices of Development of Proposed Rules 2785











Florida Administrative Weekly Volume 23, Number 23, June 6, 1997


(a) That Chapter 40D-2 rules shall apply to the use of (5) In areas where the existing flow or level is below the
water for such filling, replenishing, and maintaining of the established minimum flow or level, existing permits with
water level, and withdrawals that impact such flows or levels shall not be
(b) That the applicable minimum flood level pursuant-to considered to automatically be in violation of the flow or level.
Rules-40D8&.021--and-40D-.6 11 and the Ten Year Fflood In such areas, the District shall establish Recovery Flows or
Warning Llevel pursuant to Rules 40D-8.603024--and Levels which are reasonably attainable interim levels that can
40D8-.613 may be established for any lake or other be attained within a specific time period. These Recovery
impoundment determined by the Board to be in the public Levels will be a part of the District's recovery strategy for the
interest. area. This strategy will be contained within the District's Water
(3) No Guidance management Llevels shall be prescribed Management Plan and the Regional Water Supply Plan for the
for Lake Manatee in Manatee County, Ward Lake in Manatee Water Use Caution Area within which the applicable
County, the City of Tampa Reservoir on the Hillsborough waterbody is located. Permits affecting the established flows or
River in Hillsborough County, and the Peace River/Manasota levels will be adjusted during the term of the permit or upon
Regional Water Supply Authority Reservoir General permit renewal in accordance with the recovery strategy to
Development- Utilities Reserir constructed in cCnnectin achieve the Recovery Flow or Level.
with the SathwestRFlorida Water Management Dirict's (6) Unless otherwise provided for in the District's recovery
Permit-Numbers -700016--74 172 and- 75 29 in DeSoto strategy. where the existing flow or level is below the
County. minimum flow or level, additional quantities that would
(4) The Governing Board shall establish minimum flows contribute to violation of the flow or level and which are
and levels based on a scientific assessment of key ecological inconsistent with the District's recovery strategy will not be
factors for the desired natural system and the influence of allowed.
unique factors that have a permanent effect on the desired (7) Where the existing flow or level is above the minimum
natural system. These unique factors are as follows: .low or level, permits shall not be granted that would cause the
(a) Recreation, navigation, or aesthetic and scenic actual flow or level to fall below the minimum flow or level on
attributes supported by the natural system, including use of the a long-term average basis.
water body for: (8) The Conditions for Issuance of 40D-2.301, 40D-4.301
1. Powerboats: and 40D-4.302. A.C.. and all pertaining sections within the
2. Boat docks: Basis of Review described in 40D-2,091 and 40D-4.091.
3. Canoes. Kayaks and other paddle-propelled boats: FA.C. are required to be met irrespective of a permittee's
4. Sailboats: demonstration of compliance with the minimum flows and
Swimming: -levels requirements established herein.
6. Diving Specific Authority 120.54(1. 373.016. 373.023, 373.042373.0421. 373.044.
373.085. 373.086. 373.103, 373.121 FS. Law Implemented 120.53, 373.016,
7. Snorkeling: 373.023, 373042. 373.0421. 373.044, 323.086. 373.103, 73.171 FS. History-
New 6-7-78, Amended 10-16-78. 1-22-79, Formerly 161-8.03, Amended
8. Scuba Divingi 3-23-81.
S9.Fehing or
Senso beauty. 40D-8.041 Minimum Rates of Flow and -evels.
(l Sufce water alterations either natural, permitted (1) Minimum Flows For the Lower Hillsborough River
under programs authorized by Part I or Part 4 of Ch. 373. ES.. including Sulphur Springs. In establishing minimumr es cf
or exempt from permitting. where: flo ..an the ard all u..e th
1. The alterations were not caused by water withdrawals. i ol eit llt

2. The alterations have permanently changed the ar....atomctp
hydrologyand ecology of the waterbody, and pop-r utilzaion ater hile re.nt e fr.m
3. No other feasible means of offsetting their impact (e.g. appropriate, a schedule of rates of nlow and levet m ay be
augmentation downstream of a dam) is foreseen, and established tr reflect seasonal or cli. variations. The Board
4. The impacts of these alterations are scientifically will also consider, and at its discretion may provide forhe
established to the satisfaction of the Governing Board: protetion of non consumptive uses, including navigation,
(c) Unavoidable public health, safety and welfare recreation, and the preservation of natural resources, fish, and
problems that would be created if the desired natural system is widife
maintained. (a) For the purposes of minimum flows the Lower
Hillsborough River is defined as the river downstream of
Fletcher Avenue. The Lower Hillsborough River includes


2786 Section I Notices of Development of Proposed Rules










Florida Administrative Weekly Volume 23, Number 23, June 6, 1997

SulphurSprings. anartesianspring that enters the river viaa point of outflow as of the effective date of this rule must be
short spring run located 2.2 miles downstream of the reservoir maintained during the months of December. Januaryan
dam. The determination of minimum flows for the Lower February. A minimum flow of TO BE DETERMINED cfs
Hillsborough River includes the establishment of minimum must be maintained from Sulphur Springs at its point of
flows for Sulphur Springs. Management options that involve outflow as of the effective date of this rule for the rem
diverting a portion of the flow from Sulphur Springs to the nine months of the year.
base of the dam to provide minimum flows at that location (2) Minimum Flows for the Tampa Bypass Canal Unless
were evaluated in making the minimum flow determinations. otherwise deemed ap ate b th Bar, th mnum
(b) The Minimum Flow established for the Lower rates of flow at a given point on a tream or other watercourse
Hillsborough River accounts for the fact that this system has shall-be-established by the Board for each moh, Jaa
had extensive alterations of the type -described in through December. Minimum rates of flow shall be established
40D-8.031(4)(b). There are. however, viable ecological as follows: For each month, the fi.ve (5) lowes monthly mean
communities associated with this watercourse. The discharges fcr the preceding twenty (20) years shall bi
relationships and dependence of these ecological communities averaged. Minimum rates of flow shall be established as
with freshwater flows from the reservoir and Sulphur Springs eventy percent (70%) of these values for the four (4) wettest
were key elements of the District's minimum flow evaluation, months and nine.t pere.t (90%) of these values for the
Ecological factors utilized in determining minimum flows remaining eit () hs. The dn sl be
include: on available data, oin the absence of such data, it shall be
1. The protection and enhancement of fish populations estalised b eaoable calculations approved by the Be
associated with the Lower Hillsborough River: (a) The Tampa Bypass Canal was constructed between
2. Relationships of freshwater flows to potential fish 1966 to 1982 in the channel of former Six Mile Creek and the
habitat: Palm River. The width, depth and volume of the canal are
3. The relationships of other biological parameters (e.. much greater than the tributaries that were excavated. Structure
benthic invertebrates, shoreline plant communities)I 160 serves as the barrier between the freshwater and idal
freshwater inflows as they affect the overall biological portions of the Tampa Bypass Canal, Flows at Structure 160
integrity andproduiviytyof the system provide fresh water to the estuarine portions of the Tmpa
(c The minimum flows determination has been based on Bypass Canal and McKay Bay.
an evaluation of salinity and dissolved oxygen distributions il (b) The determination of minimum flows for the Tampa
the Lower Hillsborough River as a function of flow releases Bypass Canal accounts for the fact that this system has had
from the reservoir and Sulphur Springs, and the function of extensive physical alterations of the type described
phurfor rovding warm waters that serve as 40D-8.031(4(b). There are. however viable ecological
therm refugia fr the West Indian Manatees in th lower river communities associated with this watercourse. Minimum flows
drain inte nths are based on the relationships and dependence of these
(d)The District determined minimum flows for the ecological communities with freshwater flows from the water
Hillsborough River by comparing the quantity and quality of control structure (Structure 160).
potential habitats to various releases from the reservoir and (c) The minimum flows determination has been based on
Sulphur Springs. and included diversions of portions of the an evaluation of salinity and dissolved oxygen distributions in
flow from Sulphur Springs to the base of the dam to provide the Tampa Bypass Canal as a function of flow releases from
minimum flows at that location. The improvements in the water control structure. Criteria utilized in the
environmental characteristics and potential biological determination included
utilization as a result of increased flows were balanced with I. The protection and enhancement of fish populations in
impacisto thewatersupplyyield of the Hllsborough River this watercourse
Reservoir. 2. The relationships of other biological parameters (e.g..
S(e) Based on the factor d above minimum flows benthic invertebrates, shoreline plant communities) to
Ifor the Lower Hillsboroui River near the base of the dam freshwater inflows as they affect the overall biological
SI shall be TO BE DETEi INED cubic feet e 'second (cfs) integrity and productivity of the system.
during periods w rw surface elevationsat U.S.G.S. Gage (d) The minimum flow is designed to provide some flow
SNo. in thereservoimare above 19.5 feet NGVD and TO to create some net water movement through the canal to avoid
BE DETERMNED cfs nen waterurface elevations at excessive long residence times in the canal and possible water
U.S.G.S. Gae o. in the reservoir are below 19.5 feet quality problems. A minimum flow of TO BE DETERMINED
NGVD. Up to one- t rmm flow may be provided cfs is established to provide this flow. Structure S-160 can be
by diversions of water ffm Sulphur Springs, but a minimum operated to provide this flow during periods when there are no
flow ofTO BE DET INEDffr Sulpwshur Springs a to the lower ool from Structure S162.



Section I Notices of Development of Proposed Rules 2787











Florida Administrative Weekly Volume 23, Number 23, June 6,1997


(e) This minimum flow for the Tampa Bypass Canal is 40D-8.603 Guidance Management Levels for Lakes )
established specific to the physical configuration and Wetlands, and Other Impoundments.
operational constraints on the Tampa Bypass Canal as they (1) Flood Levels Inestablishingmwater level
occurred on October 1, 1997. If physical modifications to the minimum flood levels and otr management levels for lesak
Canal are pursued at a future date. the District shall reevaluate and oher impoundments, te Boad shall us the be
minimum flows at Strncture 60. infoematien available
,3) Unless otherwise .deemed appropriate by the Board, te (a) The Ten (10) Year Flood Warning Level is provided as
S the -t able a a given point shall-be an advisory guideline for lake shore development. The Ten
establil be tree feet (3') belw the (10) Year Flood Warning Level, incorporates the level of
average-othe five (4- 5) lowest levels in eachcalendar-yer a flooding expected on a frequency of not less than the ten (10)
providedd no two () evels shall be ta from the Sm year recurring interval, or on a frequency of not greater than a
calendar month) for the- preding ten (10) years. The ten percent (10%) probability of occurrence in any given year.
determination shall be based on available data, or in the (b) The Pre-modification Flood Level for lakes is the
absenee-of-such-data-itshall-be-established by reasonable highest level to which a lake is expected to fluctuate on a
ealeulations-approved by the Board average annual basis. On lakes with control structures or
(4) Unless otherwise deemed appropriate by te Board, a ditches, it may no longer be desirable and/or possible to
reulatoy level for. a confined aquifer at a g n pint shall be achieve the Pre-modification Flood Level without modification
established-generally-to-limit--he-rate of movement of water of the outfall feature. The Pre-modification Flood Level shall
from the-water table the boundary f the land owned leased, be established from analysis of one or a combination of the
.or otherwise controlled by a applicant fr a c ve use following data, and the Pre-modification Flood Level finally
permit o-rat the boundary of an equivalent area based on the determined is a reconciliation of all the elevations based on the
eenflguration of the cone of rdpression caused y the proposed following data:
leeation ad oertin of thwell e 1. An elevation equaled or exceeded 10% of the time as
(a) Such rregulatory level hall be determined by taking the determined from the Pre-modification stage duration curve
inium level of the wter table-plus three feet 3), or s 2. Elevations determined by biological indicators which
. ---4-Y.. .. may include the following if present:
subtracting t head diffrnc quire p a The average elevation of the soil at the base of the
frm th-e water table to the confined aquife. Sch head lowest lakeward extent of the palmetto (Serenoa repens
difference is the water crop divided by the leakanee eeeff ien fringe
.........frinze:
of the confiningd. The wter crop. the absence of data to b. The average elevation of the soil at the base of the
the ontry is 0.0229568 gallon y pr s e lowest lakeward extent of the mature wax myrtle (Myrica
(b) The elevation of the otentio tric surface t suc cerifera) fringe:
int shals mult ely th t t c. The average elevation of the soil at the base of the
preduetion year-. At no time shall the cumulative weekly highest landward extent of the cypress (Taxodium sp.) fringe:
&ao.rag -atd. The average elevation of the soil at thebase of th
.pR..W w.lowest lakeward extent of longleaf pine (Pinus palusrs
belowte regulatory level.e tn fe f
e. The average elevation of the soil at the base of the
Specific Authority 120.54(1. 373.042. 373.0421. 373.085, 373.086. 373.044, lowest lakeward extent of the live oak (Ouercus virginiana)
3.21103. 373-33, 373.149, 373.171 FS. Law Implemented 373.042, 373.0421,
373.085. 373.086. 373.171 373.339 FS. History-Readopted 10-5-74, fringe (trees with diameter at breast height greater than or
Amended 12-31-74, Formerly 16J-0.15, 40D-1.601, Amended equal to 24 inches):
10-1-84._ .
f. The average elevation of the lowest extent of lichen
40D-8.091 Publications Incorporated by Reference, growth.
The determination of Guidance Flood Levels. Low Levels and 3. Elevations determined by physical indicators which
Minimum Lake Levels set forth in 40D-8.603(1).(2) and (3) may include one or a combination, of the following, if present:
are more particularly described in the Lake Level Methodology a.The average elevation of the toe of the highest landward
Manual, dated 1997 which is hereby incorporated scarp line:
into this chapter. This document is available from the District b. Interpretation of historic aerial photography:
upon request, c, Stratified beach deposits:
Specific Authority 120.54(. 373.016. 373.023. 373.042. 373.0421. 373.044. 4. Elevations indicated by the elevation of anthropogenic
373.085. 373.086. 373.103. 373.113. 373.149. 373.171 FS. Law Implemented fator
120.53. 120.54. 373.016. 373.023. 373.026. 373.0395. 373.042. 373.0421.
373.044. 373.085. 373.086. 373.103. 373.171 FS. History-New
)


2788 Section I Notices of Development of Proposed Rules











Florida Administrative Weekly Volume 23, Number 23, June 6, 1997

(c) The Post-modification Flood Level. for lakes with pre-modification fluctuations. The Post-modification Low
hydrology modified by surface water conveyance systems or Level may be used as a guide to operate a lake control
natural ccurrences (e.g. sinkholes) is the highest level to structure, for those lakes with control structures.
which a lake is expected to fluctuate on an average annual 1. The Post-modification Low Level finally determined is
basis. The Post-modification Flood Level for lakes with an a reconciliation of all the elevations based on the following
operable structure is a peaking elevation and not one which is data
maintained. The Post-modification Flood Level shall be a. An elevation equaled or exceeded 50% of the time as
determined from analysis of one or a combination of the determined from the Post-modification stage duration curve.
following data. and the Post-modification Flood Level finally b. An elevation equal to the Post-modification Flood Level
determined is a reconciliation of all the elevations determined minus the Reference Low Value.
based on the following data. c. Site specific hydrologic data can be used to determine a
1. An elevation equaled or exceeded 10% of the time as site specific Reference Low Value for lakes without data that
determined from Post-modification stage duration curves: are connected and share the same level pool as an adjacent lake
2. The elevation of the lowest invert for the non-operable with data. In this case. a site specific Reference Low Value will
surface water conveyance system. be calculated using the hydrologic data for the adjacent lake
3. The elevation of other anthropogenic features, and used in the same manner as described 40D-8.603(2)()2.
(d) If hydrologic modifications exist due to surface water above.
convyeynce system modifications, or natural occurrences (e.g 2. If hydroloic modifications exist due to surface water
sinkholes). then the Governing Board may pursuant to conveyance system modifications, or natural occurrences (e.g.,
40D-8.031(4) establish the Post-modification Flood Level as sinkholes), then the Governing Board may pursuant to
the Flood Level using the methodology in subpraragraph (1)(c) 40D-8.031(4) establish the Post-modification Low Level as the
above. Low Level using the methodology in subparagraph
(2) Low Levels Data from technical publications, 40D-8.603(2)(b) above.
topographic maps. Geelogical Survey Water .Data Reports and (3) Posted Notice Field investigation may be used to
"roaa- am-Pal --p-o-wws a %-F%*4 v%,,.y (3) Posted Notice Field inwastagefien m
ethe-sr-uies-anfeeodsmay e-eesided information may a determine pa t surface levels from. water mar,, wetland
also be obtained -fom- erial apping, hydrograph, bottom vegetatiA, and dry land vegitati, ad to eblih
contour mapping, stage -duration curves, water quality records, elevation of septic a tanks, docks sea walls, roads., and floor
stratified beach deposits, precipitation data and other sources. slabs and to secure other pertinent information.
(a) Pre-modification Low Level is the expected annual low (a) Staff gauges will be installed in prominent locations on
level of a lake. This Level shall be established from analysis of each lake. wetland, or other impoundment for which Guidance
one or a combination of the following data. The Levels have been established. A notice shall be posted in the
Pre-modification Low Level finally determined is a immediate proximity of the staff gauge indicating that levels
reconciliation of all the elevations based on the following data: have been established.
1. An elevation equaled or exceeded 90% of the time as (b) The notice shall indicate the elevations of the Flood
determined from the Pre-modification stage duration curve, Level and the established Minimum Level.
2. Biological indicators may include the average elevation (4) Renaming of Levels
of the soil at the base of the lowest lakeward extent of cypress (a) Levels previously established as Minimum Flood
(Taxodium sp.) fringe. Levels shall now be known as Flood Levels.
3. In the absence of biological indicators and stage (b) Levels previously established as Minimum Low Levels
duration data. the Pre-modification Low Level is equal to the shall now be known as Low Levels.
Pre-modification Flood Level minus the Reference Low Value.
Specific Authority 120.54(1. 373.016, 373.023, 373.042, 373.0421, 373.044,
4. Site specific hydrologic data can be used to determine a 373.085. 373.086. 373.103.373.171 FS. Law Implemented 373.016, 373.042.
site specific Reference Low Value for lakes without data that 33.0421. 373.044. 373.085. 373.086. 373.103. 373.171 FS. History-New
S6-7-78, Formerly 16J-8.672. Parraaphs (2)(h) and (fi Formnnerly 16J-8.6721.
are connected and share the same level pool as an adjacent lake Paragraph (4) Formerly 161-8.673. Amended
with data. In this case, a site specific Reference Low Value will
be calculated using the hydrologic data for the adjacent lake 40D-8.605 Cyclic Variations for Minimum Water Level.
and used in the same manner as described 40D-8.603(2)(a)3. (-) For lakes and other impoundments with a
above. District-owned control structure the elevation of the minimum
(b) The Post-modification Low Level, for lakes with water levels established for a lake or other impoundment shall
hydrology modified by anthropogenic activities excluding be lowered below the aoolicable low matnatgement level
withdrawals or natural occurrences (e.g. sinkholes) is the periodically to allow fluctuation necessary for the preservation
expected annual low level of a lake which has been influenced
by such activities and which no longer fully exhibits



Section I Notices of Development of Proposed Rules 2789











Florida Administrative Weekly Volume 23, Number 23, June 6, 1997


of natural resources, fish and wildlife, and for the protection of 40D-8.616 Posted Notice.
non-consumptive uses. The-lowered-level-is-designated-the Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented
extefe-low-management level. 373.016, 373.042, 373.044 FS. History-New 6-7-78, Formerly 16J-8.673,
(2) The low. management level shall -be the applicable Repaled .
minimum water level for such lake or other impoundment until 40D-8.624 Sehedule-ef Levels for Lakes. Wetlands, and
four (4) eenseut years have passed dug w h te a l Other Impoundments.
water level has-failed to reeedae to the extreme lw (1) Establishment of the Minimum Lake Level.
management level; in which event the extreme low For lakes which have low water levels adopted after October 1.
management4eve-shall-beenme the-applieable minimufi-watef 1997. the Minimum Level shall be established by the
level-for-te-lake-< other-impoundment-until-the-aetual-watef Governing Board pursuant to 40D-8.031(4) and 40D-8.603.
level reedes .-o-below the extreme- loewmaagemet-leve A.
Whenever--the--aetual water-levl -r too blw
Whenever-l the ac waterfl-evel edle o O bew (2) Establishment of Minimum Wetland Levels.
extffremelow management-tleve-the-apptiable minimum -water
level for the lake or other impoundment sti mme y be (a) The minimum level for isolated, cypress dominated
level-far.the-lcakor. ether.impoundment I h fllmmedatlyt-be
.ai.... ,50 I ,, .. .. %0 wetlands shall be that level which is 1.9 feet below a reference
nntheew nage nt leel ad the elevation referred to as the normal pool elevation,
variatieons-shallkeentinue
(b) The normal pool elevation shall be determined based
Specific Authority 120.54(1) 373.016, 373.023, 373.042. 373.0421. 373.044, on a reconciliation of biological indicators of sustained
373.085. 373.086. 373.10332.171 FS. Law Implemented 373.016, 373.042,
373.0421. 373.044. 373.085. 373.086. 373.103. 373.171 FS. History-New inundation such as:
6-7-78, Formerly 16J-8.671. Amended 1. The lower limit of epiphytic mosses and liverworts

40D-8.611 Minimum Flood Levels. intolerant of sustained inundation:
2. The upper limit of the root crown on Lvonia lucida
Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented
373.016, 373.042, 373.044 FS. History-New 6-7-78, Formerly 16J-8.672, growing on tree tussocks:
Repealed 3. The upper limit of adventitious roots on Hypericum
40D-8.613 Ten (10) Year Flood Warning Levels. fasiculatum and other species which exhibit this morphologic
response to sustained inundation:
Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented 4. Other indicators which can be demonstrated to represe
373.016, 373.042, 373.044 FS. History-New 1-22-79, Formerly 16-8.6721mo d to rprese
Repealed a similar period of sustained inundation )
(3)() Levels for lakes, wetlands and other impoundments
are hereby established as follows:


























)


2790 Section I Notices of Development of Proposed Rules














Florida Administrative Weekly Volume 23, Number 23, June 6, 1997



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ii ~ ~ ~ ~ ~ eto I::-:::: -U: Notices of Development of Proposed Rules 2791"













Florida Administrative Weekly Volume 23, Number 23, June 6, 1997







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2792 Section I Notices of Development of Proposed Rules












Florida Administrative Weekly Volume 23, Number 23, June 6, 1997








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Florida Administrative Weekly Volume 23, Number 23, June 6, 1997








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Section I Notices of Development of Proposed Rules 2795














Florida Administrative Weekly Volume 23, Number 23, June 6,1997








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2810 Section I Notices of Development of Proposed Rules











Florida Administrative Weekly Volume 23, Number 23, June 6, 1997

Specific Authority 120.54(0). 373.042. 373.0421, 373.044, 37f085. 373.086 1. If there is sufficient data to estimate the pre-withdrawal
373.103,373.113, 373.171 FS. Law Implemented 373.016,373.042, 3721,21,
373,085, 373,086, 373.103,.373,171 FS. History-New 6-7-78, Amended UFAS water level.
1-22-79, 4-27-80, 10-21-80, 12-22-80, 3-23-81, 4-14-81, 6-4-81, 10-15-81, a. The long term average pre-withdrawal UFAS water
11-23-81, 1-5-82, 3-11-82, 5-10-82, 7-4-82, 9-2-82, 11-8-82, 1-10-83, 4-3-83,
7-5-83, 9-5-83, 10-16-83, 12-12-83. 5-8-84. 7-8-84, 12-16-84, 2-7-85. level is estimated using the best available data,
5-13-85, 6-26-85, 11-3-85, 3-5-86, 6-16-86, Formerly 16J-8.678, Amended b. The drawdown for the UFAS calculated in paragraph
9-7-86, 2-12-87, 9-2-87, 2-18-88, 6-27-88, 2-22-89, 3-23-89. 9-26-89,
7-26-90, 10-30-90, 3-3-91, 9-30-91, 10-7-91, 7-26-92, 3-1-93, 5-11-94, (2)(c) is subtracted from the pre-withdrawal water level giving
6-6-96, 2-23-97. 9 the Minimum Aquifer Level.

40-D:8626_Minimum Aquifer Levels in .Northrn 2, If there is insufficient data to estimate the
illsborough, Pasco, and Pinellas Counties, pre-withdrawal UFAS water level:
(1) The minimum aquifer level shall be the elevation a. The normal pool level for the surficial feature (lake or
expressed in feet relative to N.G.V.D. which represents the wetland) is determined from the appropriate vegetation line per
limit at which further withdrawals would be significantly 40D-8,6241) or (2).
harmful to the water resources. This level shall be expressed as b. The offset from the normal pool level as determined in
a long-term average and shall be used when evaluating water 40D-8.624(1) or (2) is subtracted from the normal pool
use permit applications on a long-term average basis, resulting in the Minimum level for the surficial feature.
(2) Determination of the Minimum Aquifer Level. c. The current long term average water level in the
Within the Northern Tampa Bay WRAP area, the Minimum surficial feature is estimated from the best available water level
Aquifer Level for the Upper Floridan Aquifer system (UFAS) d
shall be calculated based on the relationship between water d. The distance that the current level is below the
levels in the Upper Floridan aquifer and water levels in the minimum level is calculated based on the difference between
surficial aquifer system (SAS) and surface features, i.e. lakes the minimum level and the current average level. This is the
or wetlands. Minimum Aquifer Levels in the Upper Floridan recovery in the surficial feature needed to attain the minimum
aquifer shall be calculated adjacent to lakes or wetlands where level.
minimum levels have also been set per 40D-8.624(l) and e. The current long-term average UFAS water level is
40D-8.624(2). The Minimum Aquifer level shall be established determined from water level hydrograph data,
at the location of nested well pairs (wells in both the surficial f. The recovery needed in the UFAS is estimated using the
and Upper Floridan aquifers) with sufficient period of record. relationship between the surficial and Floridan water levels
(a) Using the best available hydrogeologic data the determined in paragraph (b) above.
leakance between the surficial aquifer and the Upper Floridan g. The Minimum Aquifer level in the UFAS is determined
aquifer shall be estimated for the area of the lake or wetland by adding the recovery needed in the UFAS to the current
and nested wells. Best available data with respect to the average level in the UFAS,
leakance value can include aquifer performance test results or (3) Recovery Levels.
calibrated ground-water flow model leakance parameter Where the existing aquifer level is below the Minimum Level,
values, and head difference values from nested SAS and UFAS as part of the District's recovery strategy Recovery Levels will
well pairs. be set forth which are the levels that the District believes can
(b) For each location chosen for establishment of a be reasonably attained within a specified timeperiod. The
Minimum Aquifer Level, the drawdown in the UFAS is Recovery Levels are based on the reasonably-expected
determined based on the allowable drawdown in the SAS as development and implementation of alternative sources of
determined in 40D-8.624(1) and 40D-8.624(2) for that area, water supply as well as resource-enhancement initiatives such
The ratio of SAS to UFAS drawdown is determined by as wellfield rehydration. The Recovery Levels specified below
ground-water flow modeling for the specific leakance are expected to be attained by October 1, 2007.
determined in paragraph (2)(a) above. (4) Minimum Aquifer Levels shall be established as
(c) The Minimum Aquifer Level in the UFAS is calculated follows:
using one of the following:












Section I Notices of Development of Proposed Rules 2811










Florida Administrative Weekly Volume 23, Number 23, June 6,1997



Latitude Longitude Well Name SAS/UFAS Minimum Recovery

Ratio Level Level

(NGVD) (NGVD)

280708 820748 T-1 0.4 84.59 TBD

280510 820438 T-2 0.4 94.92 TBD

280849 820537 T-3 0.4 89.56 TBD

282149 822815 A-1 0.7 66.3 TBD

282221 822419 CB3E 0.6 69.2 TBD

281719 822246 TMR1 0.9 65.9 TBD

281745 822342 TMR3 0.5 64 TBD

281204 822240 MW500 0.5 51.6 TBD

281019 822114 2-1000 0.7 59.8 TBD

280652 822042 MB1 0.4 31.8 TBD

280628 822007 MB6 0.4 25.6 TBD

280656 821751 MB13 0.4 29.2 TBD

280703 823027 HILLSB 13 0.4 44.2 TBD

280834 823435 CALM33 A 0.1 27 TBD

280653 823415 JAMES11 0.4 34.2 TBD

280608 823529 COSME3 0.2 26.1 TBD

281021 823956 EW005 0.6 22.7 TBD

280905 823905 EW11 0.4 23.3 TBD

281018 823808 EW142 0.8 29 TBD

281102 822924 MATTS 0.8 62.5 TBD

281036 823056 SP42 0.2 49.5 TBD

281006 823852 1A EAST 0.4 42.4 TBD

280922 823955 1A WEST 0.8 30.9 TBD

281907 823344 NPMW-2 0.9 46.4 TBD









2812 Section I Notices of Development of Proposed Rules











Florida Administrative Weekly Volume 23, Number 23, June 6, 1997

Specific Authority 120.54(). 373.042. 373.04 373044.373.085. 373086 9. Post-modification Stage Duration Curve A stage
73.1303_ 1373l .113. 373,17 FS. ,aw Implemnitcdd 20_.54lL). 73,016, d
2373042373.08 373.086. 373.1037.1 duration curve for which the period of record data begins after
FS. History-New the construction of anthropogenic alterations, excluding water
withdrawals.
The following document is incorporated in the District's rules witdrw
at 40D-8.091- 10. Establishment of Biological Indicator Elevations -
lake Level Methodology Manual Locations for measuring biological indicators shall be chosen
based on the presence of the plant species. Optimal locations
I. Definitions and Standard Procedures Used throughout be
wI. D ill have intact cypress wetlands around the lake. fringed bhv
iL palmettos. In these areas. A NUMBER TO BE
The procedures,cnventons and definitions d hed in this DETERMINED of individual plants will be measured. At least
section apply to the analyses of all levels described in this one transect shall be measured in each intact natural ar
document.
document, fringing the lake. Elevations of all biological indicators shall
1. Pre-modification period- a period prior to when the be established using accepted survey practices. When more
lake level fluctuations were altered by the construction of a than one of each type biological indicator occurs on each lake,
surface water conveyance system, the average elevation for each type of biological indicator shall
2. Post-modification refers to the period following the becalculated.
construction of surface water conveyance systems (excluding In the absence of intact fringing wetlands. elevations shall be
water withdrawals) that had/have the potential to alter the lake measured for any available biological indicators. Activities
level fluctuations from their historic (pre-development) which may have impacted elevations, such as filling soil
regimes, subsidence, land clearing etc. shall be considered during
3. P10 a percentile ranking defined as the elevation Of evaluation and analysis of the data.
the water surface of a lake that is equaled or exceeded (greater 11. Levels Expressed in Feet. NGVD All levels shall be
than) 10 percent of the time as determined from a stage duration expressed in feet relative to National Geodetic Vertical Datum
analysis. II. Ten (10) Year Flood Warning Level.
4. P0 a percentile ranking defined as the elevation of The Ten (10) Year Flood Warning Level incorporates the level
the water surface of a lake that is equaled or exceeded (greater of flooding expected on a frequency of not less than the ten
han) 50 percent of the time as determined from a stage (10) year recurring interval, or on a frequency of not greater
duration analysis. than a ten percent (10%) probability of occurrence in any given
5. P90 a percentile ranking defined as the elevation of ea
the water surface of a lake that is equaled or exceeded (greater The Ten (10 Year Flood Warning Level elevation shall
than) 90 percent of the time as determined from a stage established using accepted modeling practices. Input variables
duration analysis, to the models may include, but not be limited to. the following
6. Reference Lake Water Regimeg (RLWRil) used to variables: rainfall, runoff, storage. soils and other factors
establish a range of lake level fluctuations between the affecting the response of the lake elevation to a ten year storm
Minimum Flood Level and the Low Management Level for event.
lakes without stage duration data. The RLWRImi is determined III. Minimum Flood Level.
from the median of the differences between the annual PI0 and A. Determination of Historic Minimum Flood Level
annual P90 values for reference lakes in the same geographic The Historic Minimum Flood Level shall be established from
region with similar hydrogeologic features as the subject lakes, analysis of. but not limited to. one or a combination of the
The reference lakes must have Pre-modification periods of following methods:
record for at least 6 years. 1. Analysis of Stage Duration Curves,
7. Stage Duration Curve a Stage Duration Curve is The Historic Minimum Flood Level is equal to the elevation of
developed by plotting lake level elevations against the the Pre-modification Stage Duration Curve which occurs at the
cumulative frequency of occurrence of those elevations for 10 percentile.
uniform increments of time (monthly readings) The stage
2. Analysis of Elevations of Biological Indicators.
duration curve shows the percent of time the water surface is at al
a particular elevation. The biological indicators and their relative elevations may
include, but not be limited to, the following;
8. Pre-modification Stage Duration Curve a stage
duration curve for which the period of record data must not be a. The average elevation of the soil at the base of the
impacted by anthropogenic activities including alteration of lowest lakeward extent ofthe palmetto (erena repens) fringe
surface drainage and water withdrawals,. b. The average elevation of the soil at the base of the
lowest lakeward extent of the mature wax myrtle (Myrica
cerifera) fringe



Section I Notices of Development of Proposed Rules 2813











Florida Administrative Weekly Volume 23, Number 23, June 6, 1997


c. The average elevation of the soil at the base of the for the feature. For culverts or pipes the invert (lowest point) )
highest landward extent of the cypress (Taxodium sp.) fringe, of the pipe or culvert shall be measured and this will be the
d. The average elevation of the soil at the base of the controlling point for this feature. For weirs, the elevation of the
lowest lakeward extent of longleaf pine (Pinus palistrus) top of the weir shall be measured and this shall be the
fringe controlling elevation for this feature,
e. The average elevation of the soil at the base of the For lakes with more than one outfall, the elevation of the
lowest lakeward extent of the live oak (Quercus viriniana) lowest outfall shall be the controlling elevation of the lake and
fringe ~ htr wiDgreatoerhan or ual to 24"), shall be considered the Post-modification Minimum Flood
f The average elevation of the lowest extent of lichen L
growth. 3. Analysis of Other Features,
Measurement of lowest lakeward extent of upland plant Other features may include, but not be limited to. the lowest
species shall be made at the lakeward edge of the lowest rooted average lakeward elevation of cultivated crops.
part of the plant (e.g. the lowest rooted portion of the palmetto, The lowest average lakeward elevation of cultivated crops
live oak wax myrtle or longleafpine).Measurement of the shall be determined using accepted survey practices. The
highest landward extent of the wetland plant species shall be lowest lakeward elevation shall be measured at the waterward
made at thehighest rooted extent of the plant (eg.the edge of the crop. Several measurements should be made along
landward side of the cypress tree). the entire shoreline on which the crop occurs.
The_priority order for reconciling the elevationsof biological The Post-modification Minimum Flood Level finally
indicators is palmetto and cypress, followed by pine and/or live recommended is a reconciliation of all the elevations
oak thenlichens.If both palmetto and cypress occur on the determined by the above analyse.
lake, then the Historic Minimum Flood Level is equal to the The Post-modification and Historic Minimum Flood Levels
average of the elevations of the palmetto and cypress, will be determined and presented to the Governing Board.
3. Analysis of Physical Indicators. along with any other supporting information gathered during
Physical indicators may include, but not be limited to. one or a the process of establishing lake levels. This information may
combination, of the following: include elevations of low floor slabs, docks, septic tanks, and
a. The average elevation of the toe of the highest landward other cultural features.
scarp line. III. Low Management Level.
b. Interpretation of historic aerial photography, A. Determination of Historic Low Management Level,
c. Stratified beach deposits. The Historic Low Management Level shall be established from
4. Analysis of Other Features, analysis of. but not limited to. one or a combination of the
Other features may include, but not be limited to. the lowest following methods:
overage lakeward elevation of cultivated crops. These 1. Analysis of Stage Duration Curves.
measurements shall be made at the waterward edge of the The Historic Low Management Level is equal to the elevation
plants. Several measurements should be made along the entire of the Pre-modification Stage Duration Curve which occurs at
shoreline on which the crop occurs. the90h percentile
The Historic Minimum Flood Level finally recommended is a 2. Analysis of Biological Indicators.
reconciliation of all the elevations determined by the above Biological indicators of the Historic Low Management Level
analyses, may include, but not be limited to. the average elevation of the
B. Determination of Post-modification Minimum Flood soil at the base of the lowest lakeward extent of cypress
Level, (Taxodium sp.) fringe. The elevation of the lowest lakeward
The Post-modification Minimum Flood Level shall be extent of cypress tress shall be measured on the landward side
established from analysis of. but not limited to. one or a of the tree using accepted survey practices. When more than
combination of. the following methods: one cypress tree is found along the lake. the average elevation
1. Analysis of Stage Duration Curves. of the measured trees shall be used to determine the Historic
The Post-modification Minimum Flood Level is equal to the Low Management Level.
elevation of the Post-modification Stage Duration Curve which 3. Application of the Reference Lake Water Regime.
occurs at the 10h percentile. In the absence of biological indicators or stage duration data
2. Analysis of Outfall Elevations. for the subject lake. the Historic Low Management Level may
Elevations of outfalls will be measured using accepted survey be calcul from Historic Minimum Flood Leve
practices. Inthe caseL ofopendit~chess or analmn borom the Reference Lake Water Regime (RLWRI). The RLWR is
elevations shall be measured and the highest point of the solid
ground in the ditch or canal shall be the controlling elevation


2814 Section I Notices of Development of Proposed Rules











Florida Administrative Weekly Volume 23, Number 23, June 6, 1997

determined from the median of the differences between the annual IF REQUESTED WITHIN 14 DAYS OF THIS NOTICE
Pl0_and P90 values for-rf~r~fnclakes inL hc same geographic region AND NOT DEEMED UNNECESSARY BY THE AGENCY
with similar hydrologic features. HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE
To determine the annual P10 and P90 values for the reference HELD AT A TIME, DATE AND PLACE TO BE NOTICED
lakes. annual stage duration curves are prepared. The Stage IN THE FLORIDA ADMINISTRATIVE WEEKLY.
Duration Curves must have a minimum Period of record of six If an accommodation is needed for a disability in order to
years and must not be impacted by pumping, participate in this activity, please notify the Personnel Services
The Historic Low Management Level finally recommended is Specialist at (904)488-2996/(800)955-8771 (TDD), at least 48
a reconciliation of the elevations determined by the above hours prior to the event.
procedures. THE PERSON TO BE CONTACTED REGARDING THE
B. Determination of Post-modification Low Management PROPOSED RULE DEVELOPMENT IS: Jeanne Carver,
Level. Department of Environmental Protection, Division of Air
The Post-modification Low Management Level shall be Resources Management, 2600 Blair Stone Road, MS 5500,
established from analysis of, but not limited to. one or a Tallahassee, Florida 32399-2400, (904)488-0114
combination of the following methods:
1. Analysis of Stage Duration Curves. THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS:
The Post-modification Low Management Level is equal to the
elevation of the Post-modification Stage Duration Curve which 62-210.370 Reports.
occurs at the 90th-percentile. (1) Notification of Intent to Relocate Air Pollutant
2. Application of the Reference Lake Water Regime. Emitting Facility. An air permit for a relocatable facility shall
In the absence of biological indicators or stage duration data be amended upon each change of location of the facility. The
for the subject lake. the Post-modification Low Management owner or operator of the facility must submit a Notification of
Level may be calculated from the Post-modification Minimum Intent to Relocate Air Pollutant Emitting Facility (DEP Form
Flood Level using the Reference Lake Water Regime No. 62-210.900(6) 6-242 900(3)) to the Department at least
(RLWRIi). The RLWR is determined from the median of the seven (7) days prior to the change, if the facility would be
differences between the annual Pl0 and P90 values for relocated to a county in which public notice of the proposed
reference lakes in the same geographic region with similar operation of the facility had been given within the previous
hydrologic features, five years pursuant to Rule 62-210.350(1), F.A.C., or
To determine the annual P10 and P90 values for the reference otherwise thirty (30) days prior to the change. A separate form
lakes,annual stage duration curves are prepared The Stage shall be submitted for each facility in the case of the relocation
Duration Curves must have a minimum Period of record of six of multiple facilities which are jointly owned or operated.
years and must not be impacted by pumping. Specific Authority 403.061 FS. Law Implemented 403.021,403.031,403.061.
The Southwest Florida Water Management District does not 403.087 FS. History-New 2-9-93, Amended 11-28-93, Formerly 17-210.370
Amended 11-23-94, 3-21-96, .
discriminate on the basis of any individual's disability status.
Anyone requiring reasonable accommodation as provided for DEPARTMENT OF ENVIRONMENTAL PROTECTION
in the American's With Disabilities Act should contact Dianne RULE TITLES: RULE NOS.:
Lee at (352)796-7211 or 1(800)423-1476, extension 4658; Title V Air General Permits 62-213.300
) TDD only number 1(800)231-6103; FAX number Permit Applications 62-213.420
(352)754-6878/SUNCOM 663-6878. Permit Issuance, Renewal, and Revision 62-213.430
D A M Permit Content 62-213.440
DEPARTMENT OF ENVIRONMENTAL PROTECTION PURPOSE AND EFFECT: The proposed rule amendments
RULE TITLE: RULE NO. will make the changes necessary for the Environmental
Reports ._ 62-210.370 Protection Agency's full approval of the state's Title V
PURPOSE AND EFFECT: This rule amendment will correct a program.
cross reference to the Department's Intent to Relocate form. SUBJECT AREA TO BE ADDRESSED: This rulemaking
SUBJECT AREA TO BE ADDRESSED: This rulemaking addresses Title V sources of air pollution.
addresses Title V sources of air pollution. SPECIFIC AUTHORITY: 403.061 FS.
SPECIFIC AUTHORITY: 403.061 FS. LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087
LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087 FS.
FS.





Section I Notices of Development of Proposed Rules 2815




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