20641520, 40E-8.221 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 20641520

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

MINIMUM FLOWS AND LEVELS

Overview

RULE:

40E-8.221

Minimum Flows and Levels (MFLs): Surface Waters

PURPOSE:

In 2010, District staff received Governing Board direction and funding to implement research and studies on the Caloosahatchee River to re-evaluate the existing Caloosahatchee River Minimum Flow and Minimum Water Level (MFL). The current MFL criteria, adopted in 2001, is based on the salinity tolerance of a single species-tape grass (Vallisneria americana). Eleven new scientific studies on the Caloosahatchee River, utilizing a resource-based approach with multiple ecological indicators, were conducted. In 2016, the 11 studies were presented for review and technical input at a 2-day Public Science Symposium in Ft. Myers. Since then, additional scientific analyses and modeling were conducted to develop revised MFL criteria and this work was documented in a draft MFL Technical Document. In 2017, a 5-member panel of independent scientific experts reviewed the draft MFL Technical Document, visited the Caloosahatchee River, and held a public panel session. In 2018, two rule development workshops were held in Ft Myers. The District received a very positive peer review of the MFL technical document and the scientific approaches/methodologies used to revise the MFL criteria.

SUMMARY:

Based on this compilation of scientific studies, monitoring, modeling, technical evaluations and public input, staff proposes to amend Rule 40E-8.221, F.A.C., to increase the MFL flow criteria at the S-79 structure from 300 cubic feet per second (cfs) to 400 cfs and to revise the duration and return frequency components of the MFL criteria.

RULEMAKING AUTHORITY:

373.042, 373.044, 373.113, 373.119, 373.129, 373.136, 373.171 F.S.

LAW:

373.016, 373.036, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246, 373.709 F.S.

PRINT PUBLISH DATE:

7/23/2018 Vol. 44/142

COMMENTS:

From 7/23/2018 To 8/13/2018 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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