11 16 06 Comment Summary

Chapter 587, Response to Comments Received at the Public Hearing and Written Comments provided during the Comment Period through August 18, 2006 Comments received specific to certain sections of the rule. 1. Applicability Section 1.A – Public Emergency Comment: More definition is needed for public emergency with a time limit of 24 or 48 hours. (USFWS) Response: The intent of the public emergency language is clear and the examples are by definition of limited duration. Any time limitation could further jeopardize public safety. There is no expectation that withdrawals would ever continue beyond the immediate period of need. Section 1.B – Tidal Waters Comment: The rule does not protect tidal systems. (TNC) Response: Section 1-B removes the application of flow standards in tidal waters. Because flow and aquatic habitat is so highly variable on an hourly, daily, seasonal, and annual basis in tidal areas, it did not seem reasonable within the context of this rule to set applicable standards. This does not absolve someone who alters flows in a tidal segment from protecting all other water quality standards. Section 1.C – Storage Ponds Comment: Would storage ponds created within wetlands and other surface waters be exempt? (USEPA) Response: No. Storage ponds constructed within any classified surface water would have to attain the flow or water level standards for that waterbody (and affected downstream waters). Construction of ...