40D-80.075: Recovery Strategy for the Lower Alafia River System
PURPOSE AND EFFECT: To adopt rules describing the recovery strategy for minimum flows for the Lower Alafia River System which minimum flows are being adopted simultaneously with these rules. The actual flows are below the minimum flows being proposed for the Lower Alafia River System, so pursuant to Section 373.0421, F.S., the District must develop a recovery strategy to achieve the minimum flows. The proposed rules will establish a recovery strategy for the minimum flows for the Lower Alafia River System.
SUMMARY: Mosaic Fertilizer’s Riverview Facility (Water Use Permit No. 20001532) depends on withdrawals from Lithia Major Spring and Buckhorn Main Spring for plant operations. Because there is no LFT limitation in the permit, the permitted withdrawals will violate the proposed minimum flows. When this occurs, Florida law, Section 373.0421, Florida Statute, requires a recovery strategy so that the minimum flow is achieved. The District and Mosaic have developed a recovery strategy that will allow Mosaic to continue the operation of the Riverview facility during low flow periods and meet the minimum flows by January 1, 2017. The recovery strategy requires augmentation of the South Prong of the Alafia River to replace their spring withdrawals when the flow in the lower Alafia River for the previous day falls below the LFT of 120 cfs. The augmentation will be done using upper Floridan aquifer agriculture wells permitted to Mosaic. The wells are located within the MIA of the SWUCA and a Net Benefit is required to use the agricultural wells for this purpose. The necessary quantities will be retired by December 31, 2016, to meet the Net Benefit requirements and to replace the withdrawals from the springs. In July 2009 Mosaic was issued a water use permit to use the agricultural wells for this purpose, subject to adoption of the minimum flows and recovery strategy.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Only Mosaic Fertilizer is affected by this proposed rule. There are various mitigation options for complying with the proposed minimum flow and 40D-2, F.A.C. in order to achieve recovery:
a) Groundwater may be used to augment the flow of the Lower Alafia if the applicant is able to provide a net benefit. The net benefit will be in the form of a retirement of historically used quantities. These quantities should equal the amount of the predicted impact plus 10%.
i. Cost: 0.24 per 1,000 gallons
b) Surface water withdrawals can be suspended or avoided during the low flow season and purchase reclaimed water.
i. Incremental Cost: $2.56 per 1,000 gallons
c) Surface water withdrawals can be suspended or avoided during the low flow season and use storm water.
Incremental Cost: $1.07 per 1,000 gallons
There are other anticipated transactional costs associated with mitigating withdrawals from the river. The costs are associated with augmenting the river with groundwater and include well construction, water quality and level recording and reporting and assessing the feasibility of using reclaimed water.These costs were to be incurred in order to comply with conditions of issuance regarding stream flow under existing Chapter 40D-2, F.A.C., rule provisions.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.0421, 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.016, 373.023, 373.036, 373.0395, 373.042, 373.0421, 373.171 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen A. Lloyd, 2379 Broad Street, Brooksville, FL 34605
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-80.075 Recovery Strategy for the Lower Alafia River System.
(1) Background.
Pursuant to Section 373.042, F.S., the District has established Minimum Flows for the Lower Alafia River System and are set forth in subsection 40D-8.041(11), F.A.C. In establishing the Minimum Flows, the District determined that under certain conditions the existing flow rates are below the Minimum Flows due to withdrawals from Lithia and Buckhorn Springs by Mosaic Fertilizer, LLC (“Mosaic”) for the operation of its Riverview plant pursuant to Water Use Permit no. 2001532. In such circumstances, Section 373.0421, F.S., requires the District to implement a recovery strategy so that a violation of Minimum Flows is not caused by withdrawals. The District has developed a phased recovery strategy under which Mosaic will augment the South Prong of the Alafia River using ground water so that by January 1, 2017, withdrawals by Mosaic do not cause the Minimum Flows to be violated.
(2) Recovery Strategy – beginning 90 days after the effective date of this rule and after obtaining all necessary permits for the discharge of well water to the Alafia River, compliance by Mosaic with paragraphs (a) and (b) below shall be deemed compliance by Mosaic with the Minimum Flows for the Lower Alafia River System.
(a) Through December 31, 2016, Mosaic shall augment the South Prong of the Alafia River with up to 1,300,000 gallons per day of ground water when stream flow at United States Geologic Survey (“USGS”) Gage No. 02301500 Alafia River at Lithia (“Alafia River at Lithia Gage”) for the previous day falls below a flow rate of 67 cfs based on real-time readings posted on the USGS web site. Provided, however, the augmentation shall not exceed the quantity of water withdrawn by Mosaic from the Lower Alafia River System on the previous day.
(b) Beginning January 1, 2017, Mosaic shall, augment the South Prong of the Alafia River with up to 4,500,000 gallons per day of ground water when stream flow at United States Geologic Survey (“USGS”) Gage No. 02301500 Alafia River at Lithia (“Alafia River at Lithia Gage”) for the previous day falls below a flow rate of 67 cfs based on real-time readings posted on the USGS web site. Provided, however, the augmentation shall be equal to but shall not exceed the quantity of water withdrawn by Mosaic from the Lower Alafia River System on the previous day.
Rulemaking Authority 373.0421, 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.036, 373.0395, 373.042, 373.0421, 373.171 FS. History–New_________.