Consent Agenda - Southwest Florida Water Management District

Transcription

2379 Broad Street, Brooksville, Florida 34604-6899
(352) 796-7211 or 1-800-423-1476 (FL only)
SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)
On the Internet at: WaterMatters.org
MEETING NOTICE
An Equal
Opportunity
Employer
The Southwest Florida Water Management District (District) does not discriminate upon the basis of any individual’s disability status. This
nondiscrimination policy involves every aspect of the District’s functions including one’s access to participation, employment, or treatment in
its programs or activities. Anyone requiring reasonable accommodations as provided for in the Americans with Disabilities Act should contact
the General Services Department at (352) 796-7211 or 1-800-423-1476 (FL only), extension 4527, TDD only 1-800-231-6103 (FL only).
AGENDA
GOVERNING BOARD MEETING
FEBRUARY 21-22, 2006
9:00 A.M.
BARTOW SERVICE OFFICE
170 Century Boulevard
Bartow, Florida 33830-7700
863-534-1448 OR 1-800-492-7862
All meetings are open to the public.
Viewing of the Board meeting is available at each of the service offices.
Unless specifically stated, scheduled items will not be heard at a time certain.
At the discretion of the Board, items and committee meetings may be taken
out of order to accommodate the needs of the Board and the public.
The meetings will recess for lunch at a time to be announced.
The current Governing Board agenda and the minutes of previous meetings
are on the District's web page: www.WaterMatters.org
Tuesday, February 21, 2006
170 Century Boulevard, Bartow, Florida 33830-7700 -- 863-534-1448 OR 1-800-492-7862
9:00 a.m.
1.
2.
3.
4.
Convene Meeting of the Governing Board
and Public Hearing (Tab A)
Call to Order
Pledge of Allegiance and Invocation
Additions/Deletions to Agenda
Remembrance of Roy G. Harrell, Jr., Former Governing Board Chairman
-2-
SWFWMD Governing Board Agenda
February 21-22, 2006
5. Employee Service Recognition
6. Volunteer Appreciation Award - Crystal Springs Preserve "Good Habits Add Up to Healthy
Habitats" Project
Consent Agenda (Tab B)
7. Approval of Minutes - January 10, 2006 Governing Board Workshop and January 24, 2006
Governing Board Meeting
8. ERP No. 43028732.000 - Infinity Lakes Sand Mine – Charlotte County
9. ERP No. 43028975.000 - Miller Mac Road Stormwater Improvements – Hillsborough County
10. ERP No. 43029118.000 - Bahia Lakes – Hillsborough County
11. ERP No. 43028733.000 - Taco Bell-Long John Silver- SR 70 – Manatee County
12. ERP No. 49029267.000 - Eagle Pointe – Manatee County
13. ERP No. 43017503.004 - Bee Ridge Park of Commerce – Sarasota County
14. ERP No. 49028341.000 - Toledo Village – Sarasota County
15. WUP No. 20002193.013 - W F I D- - Phillip W. Turner Family Partnership, Ltd. - DeSoto County
16. WUP No. 20000656.008 - W F D- Elsberry and Sumner Farms – Hillsborough County
17. WUP No. 20012018.006 - W F R+ - McClure Properties, LLC – Manatee County
WATER USE PERMIT LEGEND
W
F
I
S
U
=
=
=
=
=
Water Use Caution Area
Floridan Aquifer
Intermediate Aquifer
Surface Withdrawal
Surficial Aquifer
N
N+
ND+
D~
=
=
=
=
=
=
100% new quantities
More than 50% but less than 100% new quantities
50% or less new quantities
More than 50% decrease
50% or less decrease
no change
R = 100% relocated quantities
R+ = More than 50% but less than 100% relocated quantities
R- = 50% or less relocated quantities
18. Consent Order - Surface Water Activity - Ace Lakeland, Inc. (Lot 2 Tractor Supply Plaza) –
Polk County
19. Consent Order - Surface Water Activity - Lake Ashton Development Group II, LLC (Lake Ashton II) –
Polk County
20. Consent Order - Surface Water Activity - Hank and Samantha Temples (Crystal Lake Place
Project) – Polk County
21. Initiation of Litigation - Surface Water Activity - Tim Harper and Sandy Harper (Harper Triplexes) –
Polk County
22. Initiation of Litigation - Surface Water Activity - Lake Sebring Estates Development, Corp.
(Northwood Subdivision) – Highlands County
23. Initiation of Litigation - Surface Water Activity - ERP No. 44026729.000 – Master Containers, Inc.
(Master Containers Addition) – Polk County
24. Initiation of Litigation - Surface Water Activity - MSSW No. 4908471.003 - McDonald
Development Enterprises, Inc. and McDonald Golf
Enterprises, Inc. (Golden Lakes – Eaglebrooke
Subdivision) – Polk County
25. Initiation of Litigation - Surface Water Activity - MOSN III, LLC and Anchor Investment
Corporation of Florida (Mt. Olive Shores North –
East Addition) – Polk County
26. Amendment of Well Permitting Delegation Agreement for Sarasota County and Initiation of
Rulemaking to Amend Rule 40D-1.002(3), Florida Administrative Code (F.A.C.), to Incorporate
the Amended Agreement by Reference
27. Budget Transfer for the Purchase of a Vehicle Pump/Hoist for the Regional Observation Monitor
Well Program
-3-
28. Presented to Alafia River Basin Board in December - Plan for Use and Management of the Alafia
River Reserve
29. Presented to the Pinellas-Anclote River Basin Board - Indian Rocks Beach Stormwater Quality
Improvements for 23rd through 25th Avenues – First Amendment
30. Presented to the Peace River Basin Board - Lake Clinch Outfall Replacement: Agreement with
Polk County and City of Frostproof
31. Annual Water Management District Consolidated Report - Final Document
32. Transfer from Contingency Fund for Additional Engineering Services During Fiscal Year 2006
33. Board Travel
34. Budget Transfer Report
Discussion Agenda (Tab C)
35.
36.
37.
38.
39.
40.
41.
42.
43.
Items Removed from Consent Agenda for Discussion
Significant Rainfall Event of February 3-4, 2006
Lake Hancock Outfall Treatment Project – Review of the Old Florida Plantation Acquisition
Lake Hancock Outfall Treatment Project - Selection of Treatment System
Southern Water Use Caution Area Recovery Strategy
Myakka River Watershed Initiative
Peace River Cumulative Impact Assessment Study Update
2004 Hurricane Debris Removal Efforts – Final Report
Legislative Update
Chair’s Agenda (Tab D)
44.
45.
46.
47.
Agriculture Advisory Committee Liaison Report
March 1 Meeting of the Water Management Districts’ Governing Boards
Events Attendance
Other Items
Routine Reports (Tab E)
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
Demand Management Activities
Litigation Report – Regulatory Issues
Overpumpage Activities
Rulemaking Update
Southern Water Use Caution Area Quantities
Peace River/Manasota Regional Water Supply Authority, Tampa Bay Water and Tampa Summary
Graphics
Significant Water Supply and Resource Development Projects
Florida Forever Status Report
Land Resources Department Significant Activities
Minimum Flows and Levels Status Report
Hydrologic Conditions Report
Structure Operations Status Report
Litigation Report – Non-Regulatory Issues
Treasurer's Report, Payment Register and Contingency Reserves Report
Local Government Comprehensive Plan Activity Report
-4-
63. Development of Regional Impact Activity Report
64. Upcoming Events Report
Recess Public Hearing
Public Input
Items not completed at Tuesday’s meeting
will be carried over to Wednesday.
Wednesday, February 22, 2006
170 Century Boulevard, Bartow, Florida 33830-7700 -- 863-534-1448 OR 1-800-492-7862
9:00 a.m.
and Public Hearing
65. Call to Order
66. Pledge of Allegiance and Invocation
67. Additions/Deletions to Agenda
Items not completed at Tuesday's meeting will be heard at this time.
Recess Public Hearing
Public Input
Announcements
• Advisory Committee Meeting Schedule:
Agricultural – Tampa ........................................................................................ February 13, 2006
Environmental – Tampa .......................................................................................... March 8, 2006
Industrial – Tampa .................................................................................................. April 18, 2006
Well Drillers – Tampa .............................................................................................. April 19, 2006
Public Supply – Tampa ........................................................................................... April 21, 2006
• WMDs Governing Boards Meeting with Governor and DEP – Tallahassee .......... March 1, 2006
• Basin Board Land Resources Committee – Sarasota ......................................... March 16, 2006
• Water Rally – Tampa ........................................................................................... March 17, 2006
• Governing Board Meeting Schedule:
Meeting – Brooksville ...................................................................................... March 28-29, 2006
Meeting – Brooksville ......................................................................................... April 25-26, 2006
• Basin Board Meeting Schedule:
Manasota – Sarasota ........................................................................................... March 15, 2006
Coastal Rivers – Brooksville .................................................................................... April 4, 2006
Pinellas-Anclote River – New Port Richey ................................................................ April 5, 2006
Alafia River – Tampa ................................................................................................ April 6, 2006
Northwest Hillsborough – Tampa .............................................................................. April 6, 2006
Peace River – Bartow ............................................................................................... April 7, 2006
Hillsborough River – Tampa ................................................................................... April 11, 2006
Manasota – Sarasota .............................................................................................. April 12, 2006
Withlacoochee River – Brooksville ......................................................................... April 13, 2006
-5-
Adjournment
The Governing Board may take action on any matter on the printed agenda including such items listed as
reports, discussions, or program presentations. The Governing Board may make changes to the printed
agenda only for good cause as determined by the Chair, and stated in the record.
If a party decides to appeal any decision made by the Board with respect to any matter considered at a hearing
or these meetings, that party will need a record of the proceedings, and for such purpose that party may need
to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based.
If you wish to address the Board concerning any item listed on the agenda or any item that does not appear on
the agenda, please fill out a speaker's card at the reception desk in the lobby and give it to the recording
secretary. Your card will be provided to the Chair who will call on you at the appropriate time during the
meeting. Comments will be limited to three minutes per speaker. In appropriate circumstances, the Chair may
grant exceptions to the three-minute limit.
The Board will accept and consider written comments from any person if those comments are submitted to the
District at
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34604-6899.
The comments should identify the number of the item on the agenda and the date of the meeting. Any written
comments received after the Board meeting will be retained in the file as a public record.
Bartow Service Office
17
98
60A
60
60
r.
oD
ng
i
lam
F
Main St.
Bartow
17
N
W
E
S
Bartow, FL 33830-7700
Phone (863) 534-1448 or
SUNCOM 572-6200
Board meeting will begin at 9 a.m.
and Public Hearing
1. Call to Order .................................................................................................................... 2
2. Pledge of Allegiance and Invocation ............................................................................... 2
3. Additions/Deletions to Agenda ........................................................................................ 2
4. Remembrance of Roy G. Harrell, Jr., Former Governing Board Chairman ..................... 2
5. Employee Service Recognition ....................................................................................... 2
6. Volunteer Appreciation Award - Crystal Springs Preserve "Good
Habits Add Up to Healthy Habitats" Project .................................................................... 3
-2-
1. Call to Order
The Board Chair calls the meeting to order. The Board Secretary confirms that a quorum is
present. The Board Chair then opens the public hearing.
Anyone wishing to address the Governing Board concerning any item listed on the agenda or
any item that does not appear on the agenda should fill out and submit a speaker's card.
Comments will be limited to three minutes per speaker, and, when appropriate, exceptions to
the three-minute limit may be granted by the Chair. Several individuals wishing to speak on
the same issue/topic should designate a spokesperson.
The Board Chair leads the Pledge of Allegiance to the Flag of the United States of America.
An invocation is offered.
According to Section 120.525(2), Florida Statutes, additions to the published agenda will only
be made for "good cause" as determined by the "person designated to preside." Items that
have been added to the agenda were received by the District or deleted after publication of
the regular agenda. The Board has been provided with information and District staff’s
analyses of these matters. Staff has determined that, subject to Board concurrence, action
must be taken on these items prior to the next Board meeting or deleted at this time.
Therefore, it is the District staff's recommendation that good cause has been demonstrated
and should be considered during the Governing Board's meeting.
Staff Recommendation:
Approval of the recommended additions and deletions to the published agenda.
Presenter: David L. Moore, Executive Director
4. Remembrance of Roy G. Harrell, Jr., Former Governing Board Chairman
Mr. Harrell, a partner in the firm of Holland & Knight, St. Petersburg, passed on January 25,
2006, on a family vacation. He was a lawyer and a former Chair of the Districts’ Governing
Board. He served as the Board’s Chair from 1985 through 1998, lasting through the terms of
three governors. A resolution has been prepared to present to Mr. Harrell’s family.
See Exhibit 4
Approve Resolution No. 06-02, Tribute to Roy G. Harrell, Jr.
Presenter:
David L. Moore, Executive Director
5. Employee Service Recognition
The District's employees are its most valuable resource. We are pleased and proud that the
average tenure of all employees at the District is 12 years and that we are able to retain such
remarkable talent. Each year, many District employees reach significant longevity milestones
in their service to the District. The District as a whole, as well as each employee’s department,
-3-
acknowledges and celebrates these milestones and the tremendous individual contributions
they represent to the achievement of the District’s mission.
This item provides the Board with the opportunity to personally recognize and thank our
dedicated employees who have reached five-year increments in service to the District. The
following fifteen employees have achieved these milestones for the period of January 1 –
January 31, 2006:
Milestone
Employee
Name
Title
Department
Office
Location
30 Years
Mike Holtkamp
Sr. Professional Engineer
Res. Management-SWIM
Tampa
20 Years
Colleen Endres
Susan Kessel
Colleen Kruk
Cynthia Taylor
Computer Database Suprvsr
Community Affairs Rep.
Senior Land Use Specialist
Human Resource Tech.
Information Resources
Community & Leg. Affairs
Land Resources
Human Resources
Tampa
Brooksville
Brooksville
Brooksville
15 Years
Tom Albrecht
Sharon Beatty
Maggie Daniels
Carol Walkinshaw
Systems Analyst
Accountant 1
Compliance Program Coord.
Sr. Administrative Assistant
Finance
Technical Services
Tampa Regulation
Tampa
Brooksville
Brooksville
Tampa
10 Years
Margaret Lytle
Monte Ritter
Senior Attorney
Sr. Professional Engineer
Office of General Counsel
Brooksville Regulation
Brooksville
Brooksville
5 Years
Kim Dymond
Darlene Johnson
Terry Redman
Jamie Williams
Staff Environmental Scientist
Sr. Administrative Assistant
Director
Field Technician
Brooksville Regulation
Community & Leg. Affairs
Operations
Brooksville
Brooksville
Brooksville
Brooksville
At the Governing Board meeting, Executive Director David Moore will make presentations to
the Board for all employees who have achieved milestones of 20 years or greater, to specially
acknowledge and commend the contributions of these individuals.
This item is presented for the Board’s information, and no action is required.
6. Volunteer Appreciation Award - Crystal Springs Preserve "Good Habits Add Up to
Healthy Habitats" Project
The Crystal Springs Preserve (Preserve) is located in the southeastern Pasco County portion
of the Hillsborough River watershed. The Preserve is devoted to environmental education and
the preservation and stewardship of Crystal Springs and the ecosystem it sustains. Crystal
Springs is a magnitude two spring system releasing 40 million gallons of water per day. Once
known as a fun, family “swimming hole,” the Preserve has been redeveloped into a living
laboratory featuring hands- on, directed learning opportunities for people of all ages.
In FY2005, Karen Pate, director of the Preserve, completed the Community Education Grant
"Good Habits Add Up to Healthy Habitats." The Hillsborough River Basin Board funded the
project for $1,982.
-4-
Prior to this project, the residents surrounding the Preserve exhibited minimal knowledge of
their impact on the watershed and had little inclination to assist in water resources protection.
Many used the Hillsborough River and surrounding land as a dumping ground. This project
provided them with the opportunity to learn more about how their actions affect the health of
the springshed in which they live. Results of this project left a positive impact on the
appearance and health of the habitat along the edges of neighborhood streets and the banks
of the Hillsborough River within the community. Community members have gained a standard
of pride and stewardship in their neighborhood. It has made them more aware of their role in
the environment and helped change their perception of both the Preserve and the Southwest
Florida Water Management District.
Project accomplishments include:
• Provided 500 packets of water conservation information to homeowners
• Held four watershed workshops
• Posted 20 "This Is Our River—Keep It Clean—Watershed Watch Area" signs
• Formed a Watershed Watch Club
• Involved 112 volunteers for 1,216 volunteer hours collecting from the springshed and
disposing of 17 televisions, personal computers and microwaves; 7 kitchen stoves;
5 washing machines; and tons of miscellaneous garbage
• Sponsored the Rotting Rubber Roundup, which collected and disposed of 237 tires
In addition, the Preserve has been awarded an FY2007 Community Education Grant for
$1,800 by the Hillsborough River Basin Board for the "Welcome to Your Watershed" project to
continue these water resources education efforts.
RESOLUTION NO. 06-02
Resolution of Tribute to
Roy G. Harrell, Jr.
WHEREAS, the Governing Board of the Southwest Florida Water Management District is
profoundly grieved at the passing of one of our region’s cherished citizens and public servants,
ROY G. HARRELL, JR.; and
WHEREAS, ROY G. HARRELL, JR. was appointed by Governor Bob Graham in
November 1985, reappointed by Governor Robert Martinez in 1988 and 1990, and reappointed by
Governor Lawton Chiles in 1991 and 1994 to the Governing Board of the Southwest Florida Water
Management District; and he served as a member until February 1998; and
WHEREAS, ROY G. HARRELL, JR. served in every leadership position on the Governing
Board and served as Chair beginning in April 1996 until the end of his term in February 1998; and
WHEREAS, ROY G. HARRELL, JR. served on Governing Board during a very challenging
time, and his dedication and vision brought this region together in a commitment to educate its citizens
about water conservation and sustainability; and
WHEREAS, ROY G. HARRELL, JR. developed the Partnership Plan concept which
supports the Governing Board policy of developing alternative water supplies by providing an economic
incentive to Tampa Bay Water (formerly the West Coast Regional Water Supply Authority) to develop
those supplies first, and he led the District to be the first water management district to undertake setting
minimum flows and levels; and
WHEREAS, ROY G. HARRELL, JR. was a steadfast leader in his community and gave freely
of his time serving as chair of the board of directors in many valuable organizations and has been
honored as the recipient of many awards recognizing his service.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT to express its debt of gratitude this
District owes to ROY G. HARRELL, JR. for his steadfast leadership and commitment, and to extend
heartfelt condolences in this deep hour of grief to his family.
BE IT FURTHER RESOLVED that this resolution be spread upon the minutes of this District,
permanently honoring the service of ROY G. HARRELL, JR. to this District and his community, and
that this resolution be presented to his family.
PASSED and ADOPTED this twenty-first day of February 2006.
SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT BY ITS GOVERNING BOARD
BY ________________________________________
Heidi B. McCree, Chair
Attest: ________________________________________
Patsy C. Symons, Secretary
Consent Agenda
7. Approval of Minutes - January 10, 2006 Governing Board Workshop
and January 24, 2006 Governing Board Meeting ....................................... See Exhibit 7
Page
8. ERP No. 43028732.000 - Infinity Lakes Sand Mine – Charlotte County ................... 3
9. ERP No. 43028975.000 - Miller Mac Road Stormwater Improvements –
Hillsborough County .......................................................... 7
10. ERP No. 43029118.000 - Bahia Lakes – Hillsborough County .................................. 11
11. ERP No. 43028733.000 - Taco Bell-Long John Silver- SR 70 – Manatee
County .............................................................................. 16
12. ERP No. 49029267.000 - Eagle Pointe – Manatee County ........................................ 21
13. ERP No. 43017503.004 - Bee Ridge Park of Commerce – Sarasota
County .............................................................................. 26
14. ERP No. 49028341.000 - Toledo Village – Sarasota County ..................................... 31
15. WUP No. 20002193.013 - W F I D- - Phillip W. Turner Family Partnership,
Ltd. - DeSoto County .................................... 38
16. WUP No. 20000656.008 - W F D- Elsberry and Sumner Farms –
Hillsborough County ..................................... 42
17. WUP No. 20012018.006 - W F R+ - McClure Properties, LLC – Manatee
County .......................................................... 46
W
F
I
S
U
=
=
=
=
=
Floridan Aquifer
Surface Withdrawal
Surficial Aquifer
N
N+
ND+
D~
=
=
=
=
=
=
100% new quantities
no change
18. Consent Order - Surface Water Activity - Ace Lakeland, Inc. (Lot 2 Tractor
Supply Plaza) – Polk County .....................
19. Consent Order - Surface Water Activity - Lake Ashton Development Group II,
LLC (Lake Ashton II) – Polk County ..........
20. Consent Order - Surface Water Activity - Hank and Samantha Temples (Crystal
Lake Place Project) – Polk County ...........
21. Initiation of Litigation - Surface Water Activity - Tim Harper and Sandy Harper
(Harper Triplexes) – Polk County .......
22. Initiation of Litigation - Surface Water Activity - Lake Sebring Estates
Development, Corp. (Northwood
Subdivision) – Highlands County ......
23. Initiation of Litigation - Surface Water Activity - ERP No. 44026729.000 – Master
Containers, Inc. (Master
Containers Addition) – Polk
County ...............................................
50
51
52
53
54
56
Consent Agenda (continued)
24. Initiation of Litigation - Surface Water Activity - MSSW No. 4908471.003 McDonald Development
Enterprises, Inc. and McDonald
Golf Enterprises, Inc. (Golden
Lakes – Eaglebrooke Subdivision)
– Polk County ..................................... 58
25. Initiation of Litigation - Surface Water Activity - MOSN III, LLC and Anchor
Investment Corporation of Florida
(Mt. Olive Shores North – East
Addition) – Polk County ...................... 60
26. Amendment of Well Permitting Delegation Agreement for Sarasota County and
Initiation of Rulemaking to Amend Rule 40D-1.002(3), Florida Administrative
Code (F.A.C.), to Incorporate the Amended Agreement by Reference ........................ 61
27. Budget Transfer for the Purchase of a Vehicle Pump/Hoist for the Regional
Observation Monitor Well Program ............................................................................... 62
28. Presented to Alafia River Basin Board in December - Plan for Use and
Management of the Alafia River Reserve ...................................................................... 63
29. Presented to the Pinellas-Anclote River Basin Board - Indian Rocks Beach
Stormwater Quality Improvements for 23rd through 25th Avenues – First
Amendment ................................................................................................................... 64
30. Presented to the Peace River Basin Board - Lake Clinch Outfall Replacement:
Agreement with Polk County and City of Frostproof ..................................................... 66
31. Annual Water Management District Consolidated Report - Final Document ................ 68
32. Transfer from Contingency Fund for Additional Engineering Services During
Fiscal Year 2006 ........................................................................................................... 69
33. Board Travel .................................................................................................................. 71
34. Budget Transfer Report ................................................................................................. 72
CONSENT ITEMS
DISCUSSION PAPER
ENVIRONMENTAL RESOURCE APPLICATION NO. 43028732.000
Infinity Lakes Sand Mine
8.
SUMMARY
●
Project Type:
This permit is for the construction approval of a surface water management system serving a
568.54-acre borrow pit project known as Infinity Lakes Sand Mine.
An Incidental Site Activities (ISA) Permit was issued for the project on January 4, 2006, authorizing
limited earthwork, installation of erosion and sediment control measures and limited clearing and
excavation in upland areas of the project.
●
Location:
The project is located in Charlotte County on the north side of Bermont Road (County Road 74),
about three miles east of State Road 31.
●
Surface Water Management System:
Engineering
Quantity/Quality
One manmade wet detention pond resulting from the reclaimed borrow areas will provide water
quality treatment and peak attenuation storage for the project.
100–Year Floodplain
There is no FEMA 100-year floodplain on this site.
Environmental
There are two wetlands located in the project area, comprising 4.47 acres.
No impacts are proposed to these wetlands.
A total of 16.59 acres of upland and hydric cut agricultural canals are located within the project
area.
No impacts are proposed to these agricultural canals.
●
Meets Rule Requirements. Staff recommends approval.
3
4
Environmental Resource Permit Summary
Default Date: March 9, 2006
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
ENVIRONMENTAL RESOURCE
INDIVIDUAL CONSTRUCTION
PERMIT NO. 43028732.000
Expiration Date: February 21, 2011
PERMIT ISSUE DATE: February 21, 2006
This permit is issued under the provisions of Chapter 373, Florida Statutes (F.S.), and the Rules
contained in Chapters 40D-4 and 40, Florida Administrative Code (F.A.C.). The permit authorizes the
Permittee to proceed with the construction of a surface water management system in accordance with the
information outlined herein and shown by the application, approved drawings, plans, specifications, and
other documents, attached hereto and kept on file at the Southwest Florida Water Management District
(District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of
compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341.
All construction, operation and maintenance of the surface water management system authorized by this
permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this
permit.
PROJECT NAME:
Infinity Lakes Sand Mine
GRANTED TO:
Bermont Properties, LLC
2943 SE Creekwood
Arcadia, FL 34266
ABSTRACT: This permit is for the construction approval of a surface water management system serving
a 568.54-acre borrow pit project known as Infinity Lakes Sand Mine. The project is located in Charlotte
County on the north side of Bermont Road (County Road 74), about three miles east of State Road 31.
An Incidental Site Activities (ISA) Permit was issued for the project on January 4, 2006, authorizing
limited earthwork, installation of erosion and sediment control measures and limited clearing and
excavation in upland areas of the project. Information regarding the surface water management system,
100-year floodplain, wetlands and/or surface waters is stated below and on the permitted construction
drawings for the project.
OP. & MAINT. ENTITY:
Bermont Properties, LLC
COUNTY:
Charlotte
SEC/TWP/RGE:
34/40S/26E
TOTAL ACRES OWNED
OR UNDER CONTROL:
568.54
PROJECT SIZE:
568.54 Acres
LAND USE:
Mining
DATE APPLICATION FILED:
April 18, 2005
AMENDED DATE:
September 14, 2005
5
Permit No.:
43028732.000
Project Name: Infinity Lakes Sand Mine
I.
Water Quantity/Quality
POND
NO.
Lake 1
AREA
ACRES @ TOP OF BANK
287.50
287.50
TOTAL
TREATMENT TYPE
Wet Detention
A mixing zone is not required.
A variance is not required.
II.
100-Year Floodplain
Comments: There is no FEMA 100-year floodplain on this site.
III.
Environmental Considerations
Wetland Information:
WETLAND NO.
TOTAL
AC.
2
TOTAL
4.10
4.10
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
4.10
4.10
0.00
0.00
0.00
0.00
Comments: There are two wetlands located within the project area. Wetland 1 is an isolated
0.37 acre wetland, for which no impacts are proposed. There are 16.59 acres of upland and
hydric cut agricultural canals located in the project area. No impacts to wetlands or surface
waters are authorized by this permit.
Watershed Name: Peace River
A regulatory conservation easement is not required.
A proprietary conservation easement is not required.
6
CONSENT ITEMS
DISCUSSION PAPER
Hillsborough County - Miller Mac Road Stormwater Improvements (CIP 41077)
9.
SUMMARY
●
Project Type:
Individual Permit for the construction of stormwater and safety improvements along Miller Mac Road.
●
Location:
The project is located in Section 28, Township 31 South, Range 19 East, along the corridor of
Miller Mac Road, west of U.S. 41, between Golf and Sea Boulevard and Firefly Lane.
●
Engineering
No additional travel lanes are proposed. Water quality treatment is not required. The proposed
improvements will not cause any adverse water quantity impacts.
Environmental
There are 1.89 acres of Wolf Branch Creek wetlands dominated by Brazilian pepper and nonvegetated surface waters within the project area.
The 1.89 acres of the creek will be relocated to the south of the existing location.
●
7
8
PERMIT NO. 43028975.000
permit.
PROJECT NAME:
Hillsborough County - Miller Mac Road Stormwater Improvements
(CIP 41077)
GRANTED TO:
Hillsborough County Board of County Commissioners
Post Office Box 1110
Tampa, FL 33601
ABSTRACT: This permit authorizes the construction of storm water and safety improvements along
Miller Mac Road in between Golf and Sea Boulevard and Firefly Lane. Construction activities include
shoulder widening, bank slope grading, and culvert and creek alignment modifications. No additional
travel lanes are proposed. Therefore, water quality treatment is not required. The project includes a slight
modification to the floodplain compensation areas associated with South Shore Falls, Permit No.
43025407.000. The Engineer of Record has demonstrated that the proposed improvements will not
cause any adverse water quantity impacts.
There are 1.89 acres of Wolf Branch Creek wetlands dominated by Brazilian pepper and non-vegetated
surface waters within the project area. The 1.89 acres of the creek will be relocated to the south of the
existing location. No wetland mitigation is required.
Hillsborough County Board of County Commissioners
COUNTY:
Hillsborough
SEC/TWP/RGE:
28/31S/19E
TOTAL ACRES OWNED
OR UNDER CONTROL:
7.30
PROJECT SIZE:
4.80 Acres
LAND USE:
Road Project
June 7, 2005
AMENDED DATE:
N/A
9
Permit No.:
43028975.000
Project Name: Hillsborough County – Miller Mac Road
Stormwater Improvements (CIP 41077)
I.
No additional travel lanes are proposed. Water quality treatment is not required. The proposed
improvements will not cause any adverse water quantity impacts.
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
III.
Compensation
(Acre-Feet of excavation)
0.00
Compensation
Type
N/A
Encroachment
Result (feet)
N/A
WETLAND NO.
TOTAL
AC.
Wolf Branch Creek
TOTAL
1.89
1.89
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.00
0.00
1.89
1.89
0.00
0.00
Comments: There are 1.89 acres of Wolf Branch Creek wetlands dominated by Brazilian pepper
and non-vegetated surface waters within the project area. The road widening will temporarily
impact the 1.89 acres of Wolf Branch creek. The 1.89 acres of the creek will be relocated to the
south of the existing location utilizing composite turf matting and sod for stabilization above the
seasonal high water elevation and wetland planting of Paspalum distichum below the seasonal
high water elevation. No wetland mitigation is required.
Watershed Name: Tampa Bay Drainage
10
CONSENT ITEMS
DISCUSSION PAPER
Bahia Lakes
10.
SUMMARY
●
Project Type:
Individual Construction Permit for a 181.38-acre, 441-lot, single-family residential subdivision.
●
Location:
The project is located in Section 6, Township 32 South, Range 18 East, south of 19th Avenue
Northwest and approximately one-half mile west of U.S. Highway 41 in Ruskin, Florida.
●
Engineering
Treatment and attenuation for surface water runoff from this project will be provided by total
retention in four proposed/existing ponds and a proposed effluent filtration pond.
The Applicant has provided reasonable assurance that the proposed project will not cause adverse
flooding impacts due to fill placed within the 100-year floodplain.
Environmental
A total of 0.30 acre of wetland and 12.27 acres of surface waters will be impacted. Mitigation for the
wetland impact will be provided by 0.70 acre of wetland creation and 2.17 acres of wetland/surface
water enhancement.
●
11
12
PERMIT NO. 43029118.000
permit.
PROJECT NAME:
Bahia Lakes
GRANTED TO:
Westfield Homes of Florida, Inc.
5100 West Lemon Street, Suite 306
Tampa, FL 33609
The Ryland Group, Inc.
255 Pine Avenue North
Oldsmar, FL 34677
ABSTRACT: This project will authorize the construction of a 441-lot, single-family residential subdivision
south of 19th Avenue Northwest and approximately one-half mile west of U.S. Highway 41 in Ruskin,
Florida. The 181.38-acre site contains several existing large lakes excavated during past mining
operations. These existing lakes will be enlarged and two new ponds will be excavated to provide water
quality treatment and quantity attenuation for the surface water runoff from the proposed project.
According to the Hillsborough County Watershed Management Plans, the northern portion of the project
is located within the Wolf Creek/Bullfrog Creek and "Miscellaneous Coastal Drainage Basins" and the
southern portion drains to the Little Manatee River. The four existing/proposed ponds in the northern
portion of the project are designed to provide "total retention" and will contain the runoff from a 100year/24-hour storm event without discharge to the downstream receiving waters. The proposed pond in
the south portion of the subdivision will provide water quality treatment by effluent filtration and will
attenuate the post-development discharge rate to the Little Manatee River. The Permittee has provided
reasonable assurance, by revising the Hillsborough County Watershed Management Models, that the
proposed project will not cause adverse off-site flooding impacts due to fill placed within the 100-year
floodplain.
A total of 0.30 acre of wetland marsh habitat will be impacted by the project. In addition a total of 12.27
acres of surface waters, consisting of 5.24 acres of upland cut ditches and 7.03 acres of lake/borrow pits,
will be impacted. Mitigation for the wetland impacts will consist of 0.70 acre of wetland creation and 2.17
acres of wetland/surface water enhancement.
13
Permit No.:
43029118.000
Project Name: Bahia Lakes
Bahia Lakes Homeowners' Association, Inc.
COUNTY:
Hillsborough
SEC/TWP/RGE:
06/32S/19E
TOTAL ACRES OWNED
OR UNDER CONTROL:
181.38
PROJECT SIZE:
181.38 Acres
LAND USE:
Single-family Residential
June 22, 2005
AMENDED DATE:
December 13, 2005
I.
POND
NO.
2
3
4
5
6
AREA
ACRES @ TOP OF BANK
7.30
6.60
39.93
7.44
8.64
69.91
TOTAL
TREATMENT TYPE
On-Line Retention
On-Line Retention
On-Line Retention
On-Line Retention
Effluent Filtration
Comments: Proposed Ponds 2, 3, 4 and 5 are all designed for total retention of the entire 100year/24-hour design storm event with no discharge to the receiving water bodies, which are Wolf
Creek/Bullfrog Creek and the coastal areas of Tampa Bay. Proposed Pond 6 discharges to the
Little Manatee River and is designed to attenuate the post-development peak discharge rates to
be less than the pre-development peak discharge rates.
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
Compensation
(Acre-Feet of excavation)
0.00
Compensation
Type
MI
Encroachment
Result* (feet)
0.00
MI = Minimal Impact based on modeling of existing stages vs. post-project encroachment.
*Depth of change in flood stage (level) over existing receiving water stage resulting from
floodplain encroachment caused by a project that claims MI type of compensation.
Comments: The Permittee has provided revised pre-development Hillsborough County
Watershed Management Models for Wolf Creek/Bullfrog Creek, "Miscellaneous Coastal Drainage
Basins," and the Little Manatee River. These models were revised using updated and more
accurate, field obtained data to determine the basins and reaches. The pre-development models
14
Permit No.:
43029118.000
Project Name: Bahia Lakes
were then revised to include the proposed surface water management system for Bahia Lakes.
Comparing the pre- and post-development models indicates that the proposed project will not
cause adverse off-site flooding impacts due to fill placed within the 100-year floodplain.
III.
WETLAND NO.
TOTAL
AC.
Lake B
TOTAL
0.30
0.30
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.00
0.00
0.00
0.00
0.30
0.30
Comments: A remnant herbaceous marsh, within existing Lake/Borrow Pit "B" (a.k.a. Pond 5),
will be impacted. In addition, surface waters, consisting of existing upland cut ditches and
portions of existing lake/borrow pits, will also be impacted.
Mitigation Information:
AREA
CREATED/
NO.
RESTORED
AC.
Lake C
Lake D
TOTAL
NET CHANGE
0.00
0.70
0.70
+0.40
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
WETLANDS
PRESERVED
AC.
MISC. MITI.
AC.
0.00
0.00
0.00
0.00
0.00
0.00
2.17
0.00
0.58
0.00
1.59
0.00
2.17
OTHER MITIGATION TOTAL
Comments: Mitigation for the wetland impact will be provided by wetland creation and surface
water enhancement within existing Lakes/Borrow Pits "C" (a.k.a. Pond 3) and "D" (a.k.a. Pond 4).
Mitigation, for the upland cut ditch impacts, is not required, pursuant to Basis of Review,
Subsection 3.2.2.2. Any habitat value of the side slopes and open water portions of the existing
lake/borrow pit surface waters will be off set by expansion of those surface waters. Any loss of
water quality function of the ditch/borrow pit areas will be off set by creation of the storm water
ponds. The required mitigation was calculated utilizing the Uniform Mitigation Assessment
Method (UMAM) and will provide a total of 0.72 functional gain units to off set a total 0.11
functional loss units.
Watershed Names: Little Manatee River and Tampa Bay Drainage
15
CONSENT ITEMS
DISCUSSION PAPER
Taco Bell/Long John Silver at SR 70
11.
SUMMARY
●
Project Type:
Construction of a 10.83-acre commercial retail project, including a restaurant with associated
parking and drainage infrastructure and an off-site mitigation area.
●
Location:
The project is located in the southeast quadrant of the intersection of SR 70 and Braden River
Road, approximately 1.0 mile west of I-75, in Manatee County.
The off-site mitigation area is located 0.5 mile west of CR 675, approximately 2.0 miles north of SR
70, in Manatee County.
●
Engineering
Quantity/Quality
Water quality treatment and peak attenuation of the 25-year, 24-hour rainfall event will be provided
by a detention with effluent filtration system.
100-Year Floodplain
The project site is not located within a FEMA 100-year floodplain.
Environmental
Wetland and Other Surface Water Impacts
A total of 4.77 acres of wetlands occur within the project area, including the off-site mitigation area.
A total of 0.74 acres of permanent wetland impacts for the construction of a commercial facility will
require mitigation. The wetland that will be permanently impacted extends outside of the project
area onto contiguous property that will be developed in a future phase. The calculated functional
loss for the entire wetland area, totaling 2.60 acres, was determined with this permit application
since the mitigation is also being constructed with this ERP. A total functional loss (FL) of 1.04
units was determined by the application of the UMAM, Chapter 62-345, F.A.C.
Mitigation for permanent wetland impacts permitted with this ERP and for future phased impacts will
be provided by wetland enhancement and restoration and the preservation of pine flatwoods habitat
at a 9.42 acre off-site mitigation area. The mitigation will result in a total function gain (TFG) of 1.15
units, as determined by the application of the UMAM, Chapter 62-345, F.A.C.
●
16
17
Default Date: April 9, 2006
PERMIT NO. 43028733.000
permit.
PROJECT NAME:
Taco Bell/Long John Silver at SR 70
GRANTED TO:
Tromble Land Company, LLC
1720 El Jobean Road
Port Charlotte, FL 33948
ABSTRACT: This permit authorizes the construction of a surface water management system to serve a
10.83-acre retail commercial project, known as Taco Bell/Long John Silver. The project is located in the
southeast quadrant of the intersection of SR 70 and Braden River Road, approximately 1.0 mile west of I75, in Manatee County. Information regarding the surface water management system, 100-year
floodplain, wetlands and/or surface waters is stated below and on the permitted construction drawings for
the project.
Tromble Land Company, LLC
COUNTY:
Manatee
SEC/TWP/RGE:
14/35S/18E and 21/35S/20E
TOTAL ACRES OWNED
OR UNDER CONTROL:
13.12
PROJECT SIZE:
10.83 Acres
LAND USE:
Commercial
April 18, 2005
AMENDED DATE:
N/A
18
Permit No.:
43028733.000
Project Name: Taco Bell/Long John Silver at SR 70
I.
POND
NO.
1-1
TOTAL
AREA
ACRES @ TOP OF BANK
0.28
0.28
TREATMENT TYPE
Detention with Effluent Filtration
Comments: When the undeveloped portions of Phase II is developed, the maximum Q should be
tested against Q-Pre of 13.14 cfs for the total project.
II.
100-Year Floodplain
Comments: The project site is not located within a FEMA 100-year floodplain.
III.
WETLAND NO.
TOTAL
AC.
100
63rd A (Mit Area)
63rd B (Mit Area)
63rd C (Mit Area)
TOTAL
0.741
0.591
0.281
3.161
4.77
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.00
0.59
0.00
3.16
3.75
0.00
0.00
0.28
0.00
0.28
0.74
0.00
0.00
0.00
0.74
1Wetlands extend off site or are hydrologically connected to other wetlands or surface waters with the total acreage
exceeding 0.50 acre at seasonal high water level (SHWL).
Comments: Permanent wetland impacts are for the first phase of construction of a retail
commercial site. Both the permanent impacts for this construction authorization, and for the
future Phase II were included in the impact functional assessment analysis. However, only the
Phase I impacts (0.74 acre) are authorized for construction under this Environmental Resource
Permit (ERP). Temporary wetland impacts are for wetland enhancement and restoration
activities located at an off-site mitigation area. Temporary impacts of 0.28 acre are also
authorized to a hydric and upland-cut ditch for regrading and planting. A total functional loss
(FL) of 1.04 units was determined by the application of the Uniform Mitigation Assessment
Method (UMAM), Chapter 62-345, F.A.C. for both the Phase I and future Phase 2 impacts.
19
Permit No.:
43028733.000
Project Name: Taco Bell/Long John Silver at SR 70
AREA
CREATED/
NO.
RESTORED
AC.
53rd Pine
Flatwoods
63rd Wetland A
63rd Wetland B
63rd Wetland C
63rd Ditch
TOTAL
NET CHANGE
0.00
0.00
0.00
0.39
0.00
0.39
-0.35
UPLAND
ENHANCED
PRESERVED WETLAND
AC.
AC.
4.60
0.00
0.00
0.59
0.00
0.28
0.00
3.16
0.00
0.28
0.00
4.31
WETLANDS MISC. MITI.
PRESERVED
AC.
AC.
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
8.91
Comments: Wetland mitigation will result in the removal of a spoil berm, nuisance and exotic
species removal, and the regrading and planting of a wetland impacted by historic ditching. A
total functional gain (TFG) of 1.15 units will result from the proposed mitigation, determined by the
application of UMAM, Chapter 62-345, F.A.C, thus fully offsetting the proposed impacts.
Watershed Name: Manatee River
A regulatory conservation easement is required.
20
CONSENT ITEMS
DISCUSSION PAPER
Eagle Pointe (f.k.a. McClure Farms at Moccasin Wallow Road)
12.
SUMMARY
•
Project Type:
This permit is for conceptual approval of a surface water management system to serve a 680.00-acre
residential development.
•
Location:
The project is located approximately one mile east of Interstate 75 on the north side of Moccasin
Wallow Road, in Manatee County.
•
Engineering
Quantity/Quality
Multiple man-made wet detention ponds and isolated wetlands will provide water quality treatment
and peak attenuation storage for the project.
100-Year Floodplain
2.72 acre-feet - encroachment
2.82 acre-feet - compensation
Environmental
The project area contains 93.21 acres of forested and herbaceous wetlands and 19.60 acres of
upland and hydric excavated agricultural ditches.
Permanent impacts are proposed to 1.01 acres of forested and herbaceous wetlands as a result of
roadway construction and lot development. Temporary impacts are proposed to 3.55 acres of
wetlands for wetland enhancement. In addition, there will be 19.60 acres of impacts to upland and
hydric excavated agricultural ditches.
Mitigation for permanent wetland impacts will be provided through 8.64 acres (4.35 acres of upland
preservation, 0.13-acre of herbaceous wetland creation, 0.61-acre of herbaceous wetland restoration,
and 3.55 acres of herbaceous wetland enhancement).
Pursuant to Subsections 3.2.2.2 and 3.2.2.3, mitigation is not required for the impacts to the upland
and hydric excavated agricultural ditches.
Impacts to a less than 0.5-acre isolated wetland will not require habitat compensation pursuant to
Subsection 3.2.2.1 of the Basis of Review.
•
21
22
CONCEPTUAL
PERMIT NO. 49029267.000
contained in Chapter 40D-4 and 40, Florida Administrative Code (F.A.C.). The permit authorizes the
Permittee to use the information outlined herein and shown by the application, approved drawings,
plans, specifications and other documents, attached hereto and kept on file at the Southwest Florida
Water Management District (District), to proceed with further applications for construction permitting.
PROJECT NAME:
Eagle Pointe (f.k.a. McClure Farms at Moccasin Wallow Road)
GRANTED TO:
McClure Properties, Ltd.
Post Office Box 936
Palmetto, FL 34220-0936
ABSTRACT: This permit is for the conceptual approval of a surface water management system to
serve a 680.00-acre residential development in Manatee County. The project is located approximately
1.0 mile east of Interstate 75, on the north side of Moccasin Wallow Road. Information regarding the
surface water management system, 100-year floodplain, wetlands and/or surface waters is stated
below and on the permitted construction drawings for the project.
Eagle Pointe Homeowners' Association, Inc.
COUNTY:
Manatee
SEC/TWP/RGE:
11,12,14/33S/18E
TOTAL ACRES OWNED
OR UNDER CONTROL:
700.00
PROJECT SIZE:
680.00 Acres
LAND USE:
Single-family Residential
July 26, 2005
AMENDED DATE:
N/A
23
Permit No.:
49029267.000
Project Name: Eagle Pointe (f.k.a. McClure Farms at Moccasin Wallow Road)
I.
POND NO.
Lake 1
Lake 2
Lake 3
Lake 4
Lake 5
Lake 6
Lake 7
Lake 8
Lake 9
Lake 10
Lake 11
Lake 12
Lake 13
Lake 14
Lake 15
Lake 16
Lake 17
Lake 18
Lake 19
Lake 20
Lake 21
Lake 22
Lake 23
Lake 24
Lake 25
Lake 26
Lake 28
Lake 30
Lake 31
Lake 32
Lake 33
Lake 34
Lake 35
Lake 36
Lake 37
Lake 38
Lake 39
Lake 40
Lake 41
Lake 42
Lake 43
Wetland X
Wetland Y
Wetland V
Wetland T
Wetland N
Wetland G
Wetland CC
Wetland MM
Wetland R
Wetland S
Wetland U
Wetland H
TOTAL
AREA
ACRES @ TOP OF BANK
0.45
2.48
1.24
1.73
0.28
1.90
1.60
1.07
0.69
0.63
0.96
1.06
2.49
2.50
1.03
7.04
1.75
1.36
1.82
0.72
14.79
17.67
0.76
10.34
2.16
4.24
0.91
0.45
6.61
1.25
3.14
1.45
1.60
1.67
1.45
1.56
0.97
1.42
3.21
1.64
0.35
6.79
1.30
4.06
2.94
3.33
1.20
4.28
3.24
3.32
0.93
4.26
3.14
149.23
24
TREATMENT TYPE
N/A
Wet Detention
Wet Detention
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
N/A
Wet Detention
Wet Detention
Wet Detention
N/A
N/A
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
N/A
Wet Detention
Wet Detention
Wet Detention
N/A
Wet Detention
Wet Detention
Wet Detention
N/A
Wet Detention
Wetland Treatment
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Wetland Treatment
N/A
Permit No.:
49029267.000
Project Name: Eagle Pointe (f.k.a. McClure Farms at Moccasin Wallow Road)
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
Compensation
(Acre-Feet of
excavation)
2.72
2.82
Compensation
Type*
NE
[ ]
EE
[X]
SM
[ ]
MI
[ ]
Encroachment
Result**(feet)
Depth
[N/A]
Depth
[N/A]
Depth
[N/A]
Depth
[N/A]
*Codes [X] for the type or method of compensation provided are as follows:
NE = No Encroachment
EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of
Review;
SM = Storage Modeling hydrographs of pond and receiving stages indicate timing separation;
MI = Minimal Impact based on modeling of existing stages vs. post-project encroachment.
N/A = Not Applicable
**Depth of change in flood stage (level) over existing receiving water stage resulting from
floodplain encroachment caused by a project that claims MI type of compensation.
III.
The project area contains 93.21 acres of forested and herbaceous wetlands. Permanent
impacts are proposed to 1.01 acres of forested and herbaceous wetlands for roadway
construction and lot development. The wetland impacts and the mitigation proposed were
evaluated using the Uniform Mitigation Assessment Method (UMAM) as required pursuant to
Chapter 62-345, F.A.C. The results of the UMAM analysis indicate a functional loss of 0.31
units due to the impacts proposed. The relative functional gain provided by the proposed
mitigation is 1.61 units. In addition, a less than 0.50-acre isolated wetland, Wetland CC1, will
be permanently impacted. Wetland mitigation will not be required for impacts made to Wetland
CC1 pursuant to Subsection 3.2.2.1 of the Basis of Review (B.O.R.). Temporary impacts are
proposed to 3.55 acres of wetlands for wetland enhancement. There will also be 19.60 acres
of impacts to upland and hydric excavated agricultural ditches. Pursuant to Subsections
3.2.2.2 and 3.2.2.3, mitigation is not required for the impacts to the agricultural ditches.
Watershed Name: Little Manatee River
A regulatory conservation easement is not required as a part of this conceptual permit.
However, a regulatory conservation easement will be required for the approval of future
construction permits which propose impacts to forested wetlands as outlined in this conceptual
permit.
25
CONSENT ITEMS
DISCUSSION PAPER
Bee Ridge Park of Commerce
13.
SUMMARY
●
Project Type:
This permit is for the construction approval of a surface water management system serving a
59.70 acre commercial development known as Bee Ridge Park of Commerce.
●
Location:
The project is located in Sarasota County on the north side of Bee Ridge Road, approximately onehalf mile east of Interstate Highway 75.
●
Engineering
Quantity/Quality
Water quality treatment and peak attenuation storage for the 25-year, 24-hour design storm event
are provided in five man-made wet detention ponds.
100-Year Floodplain
There is no FEMA 100-year floodplain on this site.
Environmental
The project area contains 6.26 acres of forested and herbaceous wetlands.
Permanent impacts occurred to 3.26 acres of herbaceous wetlands.
Temporary impacts have occurred to 1.37 acres of herbaceous wetlands.
Mitigation for impacts will be provided by a combination of 11.25 acres of wetland restoration,
wetland enhancement, wetland preservation, and upland preservation.
Wetland impacts and mitigation for the project were previously permitted through Environmental
Resource Permit (ERP) No. 43017503.001, issued on April 25, 2000.
Modifications are required for the wetland mitigation and storm water treatment system to address
as-built deviations and unauthorized construction identified in Consent Order SWF 03-071,
approved by the Governing Board on July 29, 2003.
●
26
27
INDIVIDUAL CONSTRUCTION MODIFICATION
PERMIT NO. 43017503.004
permit.
PROJECT NAME:
Bee Ridge Park of Commerce
GRANTED TO:
Tri Way Development
4127 Bee Ridge Road
Sarasota, FL 34232
ABSTRACT: This permit is for the construction approval of a surface water management system serving
a 59.70-acre commercial development known as Bee Ridge Park of Commerce. This permit approves
specific activities which will address unpermitted construction that is the subject of District Consent Order
No. SWF 03-071. The project is located in Sarasota County on the north side of Bee Ridge Road
approximately 0.5 mile east of Interstate Highway 75. Information regarding the surface water
management system, 100-year floodplain, wetlands and/or surface waters is stated below and on the
permitted construction drawings for the project.
Tri Way Development
COUNTY:
Sarasota
SEC/TWP/RGE:
31/36S/19E
TOTAL ACRES OWNED
OR UNDER CONTROL:
59.70
PROJECT SIZE:
59.70 Acres
LAND USE:
Commercial
March 31, 2004
AMENDED DATE:
N/A
28
Permit No.:
43017503.004
Project Name: Bee Ridge Park of Commerce
I.
POND
NO.
Ex Lake
3
3A
3B
F
TREATMENT TYPE
AREA
ACRES @ TOP OF BANK
6.67
1.00
0.36
0.77
0.54
9.34
TOTAL
Wet Detention
Wet Detention
Wet Detention(*)
Wet Detention(*)
Wet Detention
Comments: (*) Equalized with Pond No. 3.
II.
100-Year Floodplain
Comments: There is no FEMA 100-year floodplain located within the project area.
III.
WETLAND NO. TOTAL
AC.
A
B
C
Central Wetland
TOTAL
NOT
IMPACTED
AC.
0.52
1.19
3.26
1.29
6.26
TEMPORARILY
DISTURBED
AC.
0.49
1.14
0.00
0.00
1.63
PERMANENTLY
DESTROYED
AC.
0.00
0.00
3.26
0.00
3.26
0.03
0.05
0.00
1.29
1.37
Comments: The project area contains 6.26 acres of forested and herbaceous wetlands.
Permanent impacts have occurred to 3.26 acres of herbaceous wetlands. Temporary impacts
have occurred to 1.37 acres of herbaceous wetlands.
AREA
CREATED/
NO.
RESTORED
AC.
A
B
0.00
0.00
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
WETLANDS
PRESERVED
AC.
MISC. MITI.
AC.
0.00
0.00
0.52
1.19
0.00
0.00
0.00
0.00
29
Permit No.:
43017503.004
Project Name: Bee Ridge Park of Commerce
AREA
CREATED/
NO.
RESTORED
AC.
Central
Wetland
Upland
TOTAL
NET CHANGE
7.47
0.00
7.47
4.21
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
WETLANDS
PRESERVED
AC.
MISC. MITI.
AC.
0.00
1.29
0.00
0.00
0.00
0.00
0.00
0.00
3.78
0.78
0.00
0.78
3.00
Comments: Mitigation for impacts will be provided by 7.47 acres of wetland restoration/creation,
3.00 acres of herbaceous and forested wetland enhancement, and 0.78 acre of upland
preservation. All of the wetlands and the upland preservation area will be placed into a
conservation easement granted to the District.
Watershed Name: South Coastal Drainage
30
CONSENT ITEMS
DISCUSSION PAPER
Toledo Village
14.
SUMMARY
●
Project Type:
This permit is for conceptual approval of a surface water management system to serve a 1,810.00acre residential/golf course development.
●
Location:
The project is located on the north side of Interstate 75 east of Toledo Blade Boulevard, in Sarasota
County.
●
Engineering
Quality/Quantity
Multiple man-made wet detention ponds and isolated wetlands will provide water quality treatment
and peak attenuation storage.
100-Year Floodplain
The project is not located in a FEMA floodplain.
Environmental
The project area contains 487.16 acres of herbaceous wetlands.
The project area also contains 21.40 acres of man-made ditches and borrow pits and 0.49 acre of
isolated wetlands less than 0.5 acre in size.
Permanent impacts are proposed to 9.09 acres of herbaceous wetlands.
Permanent impacts are also proposed to 10.40 acres of upland-cut ditches and borrow pits and
0.49 acre of isolated wetlands less than 0.50 acre in size.
Mitigation for impacts will be provided by a combination of 114.40 acres of wetland enhancement
and 119.80 acres of wetland preservation.
The wetland mitigation areas along with their associated buffers will be placed into a Conservation
Easement dedicated to the District.
●
31
32
CONCEPTUAL
PERMIT NO. 49028341.000
contained in Chapter 40D-4 and 40, Florida Administrative Code (F.A.C.). The permit authorizes the
Permittee to use the information outlined herein and shown by the application, approved drawings, plans,
specifications and other documents, attached hereto and kept on file at the Southwest Florida Water
Management District (District), to proceed with further applications for construction permitting.
PROJECT NAME:
Toledo Village
GRANTED TO:
H. M. T. A. Real Estate, LLC
4524 SE 16th Place, Suite 3
Cape Coral, FL 33904
ABSTRACT: This permit is for the conceptual approval of a surface water management system to serve
a 1,810-acre residential/golf course development. The project is located on the north side of Interstate 75
east of Toledo Blade Boulevard, in Sarasota County. Information regarding the surface water
management system, 100-year floodplain, wetlands and/or surface waters is stated below and on the
permitted conceptual drawings for the project.
Toledo Village Homeowners' Association
COUNTY:
Sarasota
SEC/TWP/RGE:
3,4,5,6,8,9,10,15,16/39S/22E
TOTAL ACRES OWNED
OR UNDER CONTROL:
1,810.26
PROJECT SIZE:
1,810.26 Acres
LAND USE:
Semi-public
January 26, 2005
AMENDED DATE:
N/A
33
Permit No.:
49028341.000
Project Name: Toledo Village
I.
POND
NO.
Lake 1
Lake 2
Lake 3
Lake 4
Lake 5
Lake 6
Lake 7
Lake 8
Lake 9
Lake 10
Lake 11
Lake 12
Lake 13
Lake 14
Lake 15
Lake 16
Lake 17
Lake 18
Lake 19
Lake 20
Lake 21
Lake 22
Lake 23
Lake 24
Lake 25
Lake 26
Lake 27
Lake 28
Lake 29
Lake 30
Lake 31
Lake 32
Lake 33
Lake 34
Lake 35
Lake 36
Lake 37
Lake 38
Lake 39
Lake 40
Lake 41
Lake 42
Lake 43
Lake 44
Lake 45
Lake 46
AREA
ACRES @ TOP OF BANK
4.59
3.41
3.99
1.89
4.78
13.68
2.18
0.62
7.58
1.09
4.68
2.96
1.40
2.31
3.09
6.68
2.52
1.85
1.83
1.11
1.07
3.97
3.21
4.63
1.58
6.29
2.12
1.80
2.38
0.35
4.10
0.51
2.06
3.17
2.43
2.35
1.59
4.95
1.36
3.55
0.98
2.19
4.62
1.24
2.01
7.23
34
TREATMENT TYPE
N/A
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
N/A
N/A
Wet Detention
Wet Detention
N/A
N/A
Wet Detention
Wet Detention
Wet Detention
N/A
Wet Detention
N/A
Wet Detention
Wet Detention
N/A
Wet Detention
Wet Detention
N/A
N/A
N/A
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Permit No.:
49028341.000
POND
NO.
Lake 47
Lake 48
Lake 49
Lake 50
Lake 51
Lake 52
Lake 53
Lake 54
Lake 55
Lake 56
Lake 57
Lake 58
Lake 59
Lake 60
Lake 61
Lake 62
Lake 63
Lake 64
Lake 65
Lake 66
Lake 67
Lake 68
Lake 69
Lake 70
Lake 71
Lake 72
Lake 73
Lake 74
Lake 75
Lake 76
Lake 77
Lake 78
Lake 79
Lake 80
Lake 81
Lake 82
Lake 83
Lake 84
Lake 85
Lake 86
Lake 87
Lake 88
Lake 89
Lake 90
Lake 91
Lake 92
Lake 93
Lake 94
Lake 95
AREA
ACRES @ TOP OF BANK
1.31
0.28
3.80
2.16
1.19
1.05
1.79
0.56
0.89
6.41
1.72
9.53
0.78
1.05
2.46
2.94
4.40
2.09
3.16
1.47
1.68
2.64
1.32
1.67
1.31
1.84
3.16
0.81
3.59
1.60
2.24
5.08
1.29
1.16
8.72
1.51
0.99
16.03
1.14
2.67
3.12
1.91
1.56
1.09
2.17
1.60
0.50
3.16
0.95
35
TREATMENT TYPE
Wet Detention
N/A
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
N/A
Wet Detention
Wet Detention
Wet Detention
Wet Detention
N/A
N/A
N/A
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
N/A
Wet Detention
N/A
N/A
Wet Detention
Wet Detention
N/A
N/A
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
N/A
Wet Detention
Wet Detention
N/A
Wet Detention
N/A
Wet Detention
Wet Detention
N/A
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Permit No.:
49028341.000
POND
NO.
Lake 96
Lake 97
Lake 98
Wetland 1
Wetland 3
Wetland 5
Wetland 6
Wetland 7
Wetland 8/9
Wetland 10
Wetland 12
Wetland 13
Wetland 14
Wetland 15N
Wetland 15S
Wetland 16
Wetland 17
Wetland 18
Wetland 19
Wetland 21
Wetland 22
Wetland 23
Wetland 24
Wetland 25
Wetland 26
Wetland 27
Wetland 28
Wetland 29
Wetland 30
Wetland 31
Wetland 32
Wetland 33
Wetland 34
Wetland 35
Wetland 36
Wetland 37
Wetland 38
Wetland 39
Wetland 40
Wetland 41
Wetland 53
Wetland 54
Wetland 55
Wetland 56
Wetland 57
Wetland 62
Wetland 64
Wetland 65
Wetland 66
AREA
ACRES @ TOP OF BANK
0.51
2.50
2.77
4.20
7.90
0.90
1.40
4.80
2.00
1.85
1.85
5.60
3.00
20.10
35.70
16.90
2.65
9.70
15.90
3.05
6.70
17.00
39.10
2.15
2.70
1.00
2.90
1.30
7.90
2.40
2.95
1.90
7.99
8.70
11.85
1.75
1.20
37.00
1.60
4.40
13.70
0.62
5.20
10.70
5.40
1.20
6.10
13.00
3.70
36
TREATMENT TYPE
Wet Detention
Wet Detention
Wet Detention
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Permit No.:
49028341.000
POND
NO.
Wetland 67
Wetland 68
Wetland 70
Wetland 71
Wetland 72
TOTAL
AREA
ACRES @ TOP OF BANK
4.70
2.20
34.10
9.00
28.50
714.42
TREATMENT TYPE
N/A
N/A
N/A
N/A
N/A
II.
100-Year Floodplain
Comments: There is no FEMA 100-year floodplain within the project area.
III.
Comments: The project area contains 487.16 acres of herbaceous wetlands. The project area
also contains 21.40 acres of man-made ditches and borrow pits, and 0.49 acre of isolated
wetlands less than 0.50 acre in size. Permanent impacts are proposed to 9.09 acres of
herbaceous wetlands. Permanent impacts are also proposed to 10.40 acres of upland-cut
ditches and borrow pits, and 0.49 acre of isolated wetlands less than 0.50 acre in size.
Comments: Mitigation for impacts will be provided by a combination of 114.40 acres of wetland
enhancement and 119.80 acres of wetland preservation. The wetland mitigation areas along with
their associated buffers will be placed into a Conservation Easement dedicated to the District.
Watershed Name: Myakka River
37
CONSENT ITEMS
DISCUSSION PAPER
WATER USE PERMIT APPLICATION NO. 20002193.013
Philip W. Turner Family Partnership, Ltd.
15.
SUMMARY
•
Renewal of an existing agricultural water use permit.
•
DeSoto County, within the Southern Water Use Caution Area (SWUCA).
•
Quantities
Standard Annual Average
Drought Annual Average
Peak Month
Crop Protection
Existing (gpd)
Proposed (gpd)
Change (gpd)
4,085,700
4,848,700
26,036,600
24,760,000
4,077,300
4,728,500
16,106,800
27,829,200
-8,400
-120,200
-9,929,800
3,069,200
•
The changes in quantities are based on seasonal change in agricultural crop acreage and a
detailed assessment of crop protection needs.
•
There are twelve existing wells and seven proposed wells open to the Upper Floridan aquifer.
There are four existing wells open to both the intermediate and Upper Floridan aquifers. There
are two existing wells open to the intermediate aquifer.
•
Treated effluent for alternative use is not currently available at this site.
•
Special conditions include those that require the Permittee to investigate the feasibility of utilizing
alternative water sources; maintain existing flow meters; install flow meters on proposed
withdrawal points; record and report monthly meter readings; construction stipulations for multiple
proposed wells; geophysically log multiple wells; cap withdrawals not in use; submit annual and
seasonal irrigation water use reports; record and report frost/freeze events; and comply with the
requirements for water use in the SWUCA.
•
Meets Rule requirements. Staff recommends approval.
38
39
Water Use Permit Summary
WATER USE
INDIVIDUAL
PERMIT NO. 20002193.013
The Permittee is responsible for submitting an application to renew this permit no sooner than one year
prior to the expiration date, and no later than the end of the last business day before the expiration date,
whether or not the Permittee receives prior notification by mail. Failure to submit a renewal application
prior to the expiration date and continuing to withdraw water after the expiration date is a violation of
Chapter 373, Florida Statutes, and Chapter 40D-2, Florida Administrative Code, and may result in a
monetary penalty and/or loss of the right to use the water. Issuance of a renewal of this permit is
contingent upon District approval.
TYPE OF APPLICATION:
Renewal
GRANTED TO:
1999 Northeast Livingston Street
Arcadia, FL 34266
PROJECT NAME:
Not Specified
WATER USE CAUTION AREA: Southern
TOTAL QUANTITIES AUTHORIZED UNDER THIS PERMIT (in gpd)
STANDARD ANNUAL AVERAGE
1
DROUGHT ANNUAL AVERAGE
2
PEAK MONTH
3
CROP PROTECTION/MAXIMUM
4
CREDIT BALANCE
1
2
3
4
4,077,300 gpd
4,728,500 gpd
16,106,800 gpd
27,829,200 gpd
475,237,000 gallons
Annual average limit when less than historical average rainfall if sufficient Water Conserving Credits exist in the
Permittee's account.
Average daily use during the highest water use month.
Maximum use allowed in any 24-hour period/ Frost and Freeze protection of crops.
Water Conserving Credit: The volume of water on account for use when greater than the Standard Annual
Average is necessary to pump up to the Drought Annual Average.
PROPERTY LOCATION: 8,167.3 owned acres in DeSoto County, approximately 3.5 miles northeast of
Arcadia, 1.5 miles east of U.S. Highway 17; and 8.5 miles east of Arcadia, just north of State Highway 70.
40
Permit No.:
Permittee:
20002193.013
ABSTRACT: This is a renewal of an existing agricultural water use permit. The standard annual average
quantity decreases from 4,085,700 gallons per day (gpd) to 4,077,300 gpd (decrease of 8,400 gpd). The
drought annual average quantity decreases from 4,848,700 gpd to 4,728,500 gpd (decrease of 120,200
gpd). The peak month quantity decreases from 26,036,600 gpd to 16,106,800 gpd (decrease of
9,929,800 gpd). The crop protection quantity increases from 24,760,000 gpd to 27,829,200 gpd (increase
of 3,069,200 gpd). The change in quantities is due to a seasonal change in agricultural crop acreage and
a detailed assessment of crop protection needs.
alternative water sources; maintain existing flow meters; install flow meters on proposed withdrawal
points; record and report monthly meter readings; construction stipulations for multiple proposed wells;
geophysically log multiple wells; cap withdrawals not in use; submit annual and seasonal irrigation water
use reports; record and report frost/freeze events; and comply with the requirements for water use in the
SWUCA.
WATER USE TABLE (in gallons per day)
Use
Agricultural:
Standard
Annual Average
4,077,300
Drought
Annual Average
4,728,500
Peak
Month
Crop
Protection
16,106,800
27,829,200
IRRIGATION ALLOCATION RATE TABLE
CROP/USE TYPE
Citrus
Melons/Row Crop
Melons/Row Crop
Melons/Row Crop
All Grains
Pasture
Livestock Watering
Spray Mix
IRRIGATED
ACRES
IRRIGATION
METHOD
STANDARD
IRRIGATION
RATE
DROUGHT
IRRIGATION
RATE
1,409
150
150
150
1,714
1,092
Low volume under tree spray
Seepage
Seepage
Seepage
Seepage
Seepage
13.2"/yr.
19.0"/yr.
15.6"/yr.
18.2"/yr.
9.5"/yr.
12.1"/yr.
19.0"/yr.
19.0"/yr.
15.6"/yr.
18.2"/yr.
10.2"/yr.
12.1"/yr.
41
CONSENT ITEMS
DISCUSSION PAPER
Corporation of the Presiding Bishop of the Church of Jesus Christ
of Latter-Day Saints and Property Reserve, Inc.
Elsberry and Sumner Farms
16.
SUMMARY
•
Renewal of an existing agricultural permit with modification to combine this permit with WUP No.
20000165.004 for an overall decrease in quantities.
•
Hillsborough County, within the Most Impacted Area of the Southern Water Use Caution Area.
•
Quantities*
Peak Month
Existing (gpd)
Proposed (gpd) Change (gpd)
2,354,000
2,354,000
6,022,900
2,352,600
2,352,600
4,984,100
-1,400
-1,400
-1,038,800
* Quantities shown are combined for both permits.
•
The decrease in quantities is solely due to AGMOD application rate adjustments as use and
irrigated acres are not changed.
•
All the production wells are open solely the upper Floridan aquifer.
•
Treated effluent for alternative use is not available for this site.
•
Special conditions include those that require the Permittee to continue to record and report meter
readings monthly from existing withdrawals and confirm the accuracy of the meters every five
years; sample and report water quality from one well; cap withdrawals not in use; submit an
application to modify this permit to reflect alternative source quantities when an alternative source
becomes available; determine well total depths and casing depths via geophysical logging;
implement irrigation conservation practices; adhere to rule-prescribed irrigation application rates;
submit seasonal and annual crop reports; and submit a study regarding the feasibility of utilizing a
tailwater recovery system.
•
Meets rule requirements. Staff recommends approval.
42
43
Permit No.: 20000656.008
Permittee: Corporation of Presiding Bishop of the Church of Jesus Christ
of Latter-Day Saints & Property Reserve, Inc.
WATER USE
INDIVIDUAL
PERMIT NO. 20000656.008
Renewal
GRANTED TO:
Corporation of the Presiding Bishop of the Church
of Jesus Christ of Latter-Day Saints
139 East South Temple, Suite 110
Salt Lake City, Utah 84111-1103
Property Reserve, Inc.
5 Triad Center Suite 650
Salt Lake City, Utah 84180
PROJECT NAME:
Elsberry & Sumner Farms
WATER USE CAUTION AREA:
Most Impacted Area - Southern
DROUGHT ANNUAL AVERAGE1
PEAK MONTH2
2,352,600 gpd
2,352,600 gpd
4,984,100 gpd
1
2
PROPERTY LOCATION: 1,032 owned acres in Hillsborough County, approximately 1.0 mile south of
Apollo Beach; northwest of the intersection between Interstate 75 and 19th Avenue Northeast.
ABSTRACT: This is a renewal of an existing agricultural permit with modification to combine this permit
with WUP No. 20000165.004 for an overall decrease in quantities. The combined Standard Annual
Average quantity decreases from 2,354,000 gpd to 2,352,600 gpd (decrease of 1,400 gpd), and the
combined Peak Month quantity decreases from 6,022,900 gpd to 4,984,100 gpd (decrease of 1,038,800
gpd). Changes in quantities are solely due to AGMOD application rate adjustments for irrigation of the
same crops. There were no crop protection quantities associated with either permit, and none are
proposed for this permit. Special conditions include those that require the Permittee to continue to record
44
and report meter readings monthly from existing withdrawals and confirm the accuracy of the meters
every five years; sample and report water quality from one well; cap withdrawals not in use; submit an
application to modify this permit to reflect alternative source quantities when an alternative source
becomes available; determine well total depths and casing depths via geophysical logging; implement
irrigation conservation practices; adhere to rule-prescribed irrigation application rates; submit seasonal
and annual crop reports; and submit a study regarding the feasibility of utilizing a tailwater recovery
system.
Use
Agricultural
Standard
Annual Average
Drought
Annual Average
2,352,600
2,352,600
Peak
Month
4,984,100
CROP/USE TYPE
Spring Tomatoes
Fall Tomatoes
IRRIGATED
ACRES
549.2
295.6
IRRIGATION
METHOD
Seepage
Seepage
45
STANDARD
IRRIGATION
RATE
40.4"/yr.
31.9"/yr.
DROUGHT
IRRIGATION
RATE
40.4"/yr.
31.9"/yr.
CONSENT ITEMS
DISCUSSION PAPER
McClure Properties, LLC and WCI Communities, Inc.
17.
SUMMARY
•
Modification of an existing permit for agricultural uses to increase quantities through relocation.
•
Manatee County, within the Most Impacted Area of the Southern Water Use Caution Area.
•
Quantities
Peak Month
Existing (gpd)
Proposed (gpd)
Change (gpd)
1,780,900
1,780,900
3,876,900
2,101,900
2,101,900
4,108,700
321,000
321,000
-231,800
•
This permit action actually results in no change in the annual average daily quantity and results in a
decrease in the peak month quantity of 818,200 gpd in the MIA of the SWUCA .
•
Quantities at this site increase through relocation of quantities from McClure's/WCI farm (WUP
20007634.005), also in the MIA of the SWUCA in Manatee County.
•
Upon approval of this application, the McClure/WCI permit (donor WUP) will be cancelled.
•
Three existing wells are open to both the intermediate and upper Floridan aquifer systems, one
existing well is open only to the Floridan aquifer, and one proposed well will be open exclusively to
the upper Floridan aquifer.
•
Treated wastewater for alternative use is not currently available for this site.
•
reclaimed water or other alternative water sources; maintain existing flow meters; record and report
monthly meter readings; adhere to the specified SWUCA irrigation allotments for agriculture; submit
seasonal water use reports; capping of withdrawal points not in use; convert to alternate water
sources when available; continue to implement irrigation conservation measures; and comply with the
requirements for water use in the Southern Water Use Caution Area.
•
Meets rule requirements. Staff recommends approval.
46
47
Permit No.:
Project Name:
20012018.006
McClure-Rutland
WATER USE
INDIVIDUAL
PERMIT NO. 20012018.006
Expiration Date: December 18, 2011
Modification
GRANTED TO:
Mc Clure Properties, Ltd.
Post Office Box 936
Palmetto, FL 34220-0936
WCI Communities, Inc.
139 South Pebble Beach Boulevard
Suite 207
Sun City Center, FL 33573
PROJECT NAME:
McClure-Rutland
WATER USE CAUTION AREA:
Most Impacted Area - Southern
1
DROUGHT ANNUAL AVERAGE
2
PEAK MONTH
1
2
2,101,900 gpd
2,101,900 gpd
4,108,700 gpd
PROPERTY LOCATION: 1,217 owned acres in Manatee County, approximately 2.6 miles north of the
intersection of State Road 64 and County Road 675.
ABSTRACT: This is a modification of an existing agricultural water use permit to relocate quantities from
existing WUP No. 20007634.005. The Annual Average daily quantity increases from 1,780,900 gpd to
2,101,900 gpd (increase of 321,000 gpd). The Peak Month daily quantity increases from 3,876,900 gpd to
4,108,700 gpd (increase of 231,800 gpd). The increase in quantities is due solely to relocation and results
in no increase in Annual Average quantities in the MIA of the SWUCA. Quantities were determined using
the District's agricultural water use program, AGMOD based on the new crop plan. Special conditions
include those that require the Permittee to investigate the feasibility of utilizing reclaimed water or other
alternative water sources; maintain existing flow meters; record and report monthly meter readings;
48
Permit No.:
Project Name:
20012018.006
McClure-Rutland
adhere to the specified SWUCA irrigation allotments for agriculture; submit seasonal water use reports;
capping of withdrawal points not in use; convert to alternate water sources when available; continue to
implement irrigation conservation measures; and comply with the requirements for water use in the
Southern Water Use Caution Area.
Use
Standard
Annual Average
Agricultural
Drought
Annual Average
2,101,900
2,101,900
Peak
Month
4,108,700
CROP/USE TYPE
Spring Tomatoes
Spring Tomatoes
Spring Tomatoes
Fall Tomatoes
IRRIGATED
ACRES
300
150
150
360
IRRIGATION
METHOD
Seepage
Seepage
Seepage
Seepage
49
STANDARD
IRRIGATION
RATE
26.4"/yr.
31.2"/yr.
36.7"/yr.
28.5"/yr.
DROUGHT
IRRIGATION
RATE
26.4"/yr.
31.2"/yr.
36.7"/yr.
28.5"/yr.
Consent Agenda
18. Consent Order - Surface Water Activity - Ace Lakeland, Inc. (Lot 2 Tractor Supply
Plaza) – Polk County
In November 2002, the District issued an Environmental Resource Permit (ERP) for
construction of a surface water management system to serve a Tractor Supply Store and
two outparcels located on U.S. 98 in Gibsonia, Polk County. Each outparcel would require
an ERP modification to connect with the surface water management system. In February
2005, District staff observed the placement of fill material occurring on an outparcel owned
by Ace Lakeland, Inc. No ERP had been issued to authorize expansion of the surface
water management system to this parcel. District staff issued a Notice of Unauthorized
Construction on February 17, 2005. On April 12, 2005, District staff issued a Notice of
Violation and a proposed Consent Order to address the unauthorized construction. The
Consent Order assessed penalties and costs totaling $8,000 as follows:
• $1,000 – for potential water quality degradation, within the penalty matrix range of $250 $2,499 for such deviations;
• $5,000 – for unauthorized filling of 1.0 acre at $5,000.00 per acre; and
• $2,000 – the standard cost assessment for construction without a permit.
In response to the Consent Order, Ace Lakeland, Inc. proposed a counter-offer of $2,500,
which was not acceptable. Authorization to initiate litigation was obtained at the June
2005 Governing Board meeting. Upon further discussion, District staff reassessed the
potential for impacts and extent of unauthorized activity. Ace Lakeland requested
additional time to obtain an ERP and complete any corrective action. Staff proposed a
revised penalty and cost assessment totaling $4,250 as follows:
• $250 – for potential water quality degradation, within the penalty matrix range of $250 $2,499 for such deviations;
• $2,000 – for unauthorized grading of 1.0 acre at $2,000.00 per acre; and
Ace Lakeland, Inc. has accepted the terms and has returned a signed Consent Order.
Approve the proposed Consent Order and authorize the initiation of litigation against Ace
Lakeland, Inc, in the event that it fails to comply with the terms of the Consent Order.
Presenter: Martha A. Moore, Senior Attorney
50
Consent Agenda
19. Consent Order - Surface Water Activity - Lake Ashton Development Group II, LLC
(Lake Ashton II) – Polk County
On September 14, 2004, the District received an application from Lake Ashton
Development Group II, LLC for an Environmental Resource Permit (ERP) to construct a
surface water management system for a 508-acre, 740-lot residential subdivision located
in Polk County, to be known as Lake Ashton II. On March 31, 2005, District staff
conducted a site visit to the property and observed that construction of the project had
commenced. Approximately 41 acres had been cleared and several piles of fill dirt had
been deposited on the property. The applied-for ERP was not issued until April 26, 2005.
On August 29, 2005, District staff issued a Notice of Violation and a proposed Consent
Order to address the commencement of construction prior to permit issuance. The
Consent Order assessed penalties and costs totaling $26,650 as follows:
• $20,500 – for unauthorized clearing of 41 acres at $500 per acre;
• $4,150 – for unauthorized filling of 0.83 acre at $5,000 per acre; and
After negotiation with counsel, Lake Ashton Development Group agreed to make payment
of $22,500 but did not agree with the assertions of unauthorized filling. District staff
agreed to a revised Consent Order assessing penalties and costs totaling $22,500 as
follows:
• $20,500 – for unauthorized clearing of 41 acres at $500 per acre; and
A signed Consent Order and payment has been received.
Approve the proposed Consent Order and authorize the initiation of litigation in the event
that Lake Ashton Development Group II, LLC fails to comply with the terms of the Consent
Order.
51
Consent Agenda
20. Consent Order - Surface Water Activity - Hank and Samantha Temples (Crystal Lake
Place Project) – Polk County
On December 14, 2004, Hank and Samantha Temples submitted an application for an
Environmental Resource Permit (ERP) to construct a commercial facility to be known as
Crystal Lake Place located on approximately 8.8 acres on U.S. Highway No. 27 in Lake
Hamilton, Polk County. On January 4, 2005, District staff conducted a site visit to the
property to delineate wetlands. District staff observed dirt fill material had been placed
over an estimated 2.6 acres, an additional estimated 2.8 acres had been disturbed, and a
swale and retention area appeared to have been roughed in for dewatering of an old
borrow pit on the property. The applied-for ERP had not yet been issued. On April 13,
2005, District staff issued a Notice of Violation and a proposed Consent Order to address
the unauthorized construction. The Consent Order assessed penalties and costs totaling
$22,600 as follows:
• $5,600 – for unauthorized grading of 2.8 acres at $2,000 per acre;
• $13,000 – for unauthorized filling of 2.6 acres at $5,000 per acre;
• $1,000 – for the unauthorized construction of a swale and retention area, within the
penalty matrix range of $250 - $2,499 for unauthorized construction of minor works; and
The Temples asserted that some of the activity was for temporary stockpiling of dirt in
connection with another project site, and made a counter-offer of $5,000 for payment of
penalties and costs. District staff reassessed the nature and extent of activities that
occurred and determined there were no resource impacts. On December 6, 2005, a
revised Consent Order assessing penalties and costs totaling $8,000 was proposed as
follows:
• $3,200 – for unauthorized grading of 1.6 acres at $2,000 per acre;
• $2,800 – for unauthorized clearing of 2.8 acres at $1,000 per acre; and
The Temples have agreed to the proposed revised Consent Order and have made full
payment. District staff anticipate receiving a signed Consent Order before the Governing
Board meeting.
that Hank Temples and Samantha Temples fail to comply with the terms of the Consent
Order.
52
Consent Agenda
21. Initiation of Litigation - Surface Water Activity - Tim Harper and Sandy Harper
(Harper Triplexes) – Polk County
In April 2005, District staff had a pre-application meeting with Tim Harper’s engineering
consultant to discuss Tim and Sandy Harper’s plans for construction of several triplex
housing buildings on approximately 2.27 acres of property located in Auburndale, Polk
County. During the meeting, it became apparent that construction of two of the proposed
five buildings had already commenced. A District staff site visit confirmed that
construction activities constituting the construction of a new or alteration of an existing
surface water management system had commenced without the required Environmental
Resource Permit (ERP). Activities included the erection of two buildings comprising
approximately 5,000 square feet and associated grading or excavation. On June 24,
2005, Tim and Sandy Harper submitted an ERP application for the proposed development.
On July 24, 2005, District staff issued a Notice of Violation and proposed Consent Order to
address the violation. The proposed Consent Order assessed penalties and costs totaling
$5,615 as follows:
• $640 – for unauthorized grading of 0.32 acre at $2,000 per acre;
• $975 – for unauthorized filling of 0.13 acre at $5,000 per acre; and
Following issuance of the proposed Consent Order, District staff had further discussions
with Mr. Harper. In light of the Harpers’ good faith effort to obtain an ERP as quickly as
possible and District staff’s reassessment of potential impacts, on January 12, 2006 a
revised Consent Order reducing penalties by 35% for good faith efforts to comply was
proposed as follows:
• $416 – for unauthorized grading of 0.32 acre;
• $634 – for unauthorized filling of 0.13 acre; and
The Harpers also were invited to document their financial inability to pay penalties and
costs if they wished this factor to be taken into account. However, Mr. Harper has since
advised District staff that the Harpers do not wish to enter into a consent order.
Authorize the initiation of litigation against Tim Harper and Sandy Harper and any other
appropriate parties to obtain compliance, a monetary penalty and recovery of District
enforcement costs, court costs and attorney’s fees.
53
Consent Agenda
22. Initiation of Litigation - Surface Water Activity - Lake Sebring Estates Development,
Corp. (Northwood Subdivision) – Highlands County
In August 2004, District staff conducted a pre-application meeting with representatives of
Lake Sebring Estates Development, Corp. (Lake Sebring) concerning plans for an
already-platted 25-lot subdivision located on an existing road in Sebring, Highlands
County. At that time, District staff advised that an Environmental Resource Permit (ERP)
did not appear necessary, as no construction of a new or alteration of an existing surface
water management system was proposed. Shortly thereafter, Lake Sebring’s consulting
engineer advised District staff that the project would include improvement of the existing
road. By letter dated January 13, 2005, District staff advised Lake Sebring that an ERP
would be required for the development. On February 22, 2005, an ERP application was
submitted to the District.
On April 15, 2005, while conducting a site inspection to delineate wetlands as part of the
application review process, District staff observed that construction of a surface water
management system including wetland dredging and filling had occurred and was
ongoing. Staff observed upland filling that impacted a pre-existing drainage ditch
extending through several of the development lots. On May 4, 2005, Lake Sebring
withdrew its application for an ERP. On May 20, 2005, District staff issued a Notice of
Unauthorized Construction. Additional site inspections have revealed that the property
has been cleared and graded, fill material has been deposited on approximately 5.0 acres,
of which approximately 1.1 acres were herbaceous wetlands, wetland areas were
excavated to remove muck soils and re-filled with upland soils, and roadwork has been
initiated, including replacement of a roadway culvert and filling, re-grading and shell
rocking of the roadway. The previously existing drainage ditch had been replaced by a
36-inch diameter pipe. No sediment or erosion controls were in place, and a sediment
plume was observed leading from the construction area to an existing off-site drainage
canal connecting Lake Jackson and Lake Sebring. Several lots have since been sold, and
housing construction has started. Highlands County officials have received complaints of
surface flow backups from adjacent property owners.
On October 31, 2005, District staff issued a proposed Consent Order to address the
unauthorized construction and to obtain compliance. The Consent Order assesses
penalties and costs totaling $65,280 as follows:
• $3,000 – for water quality degradation, within the penalty matrix range of $2,500 $10,000 for such deviations;
• $8,140 – for 1.1 acres of unauthorized wetland dredge and fill impacts resulting in a
Uniform Wetland Mitigation Assessment Method (UMAM) functional loss score of .407,
multiplied by a value of $20,000 for herbaceous wetlands;
• $19,500 – for unauthorized filling of 3.9 acres of uplands at $5,000 per acre.
• $2,000 – for piping over an existing drainage ditch, within the penalty matrix range of
$250 - $2,499 for minor works;
• $32,640 – 100% aggravating factor for lack of cooperation after District contact; and
54
Lake Sebring responded to the proposed Consent Order by asserting that an ERP is not
required for the project. On December 21, 2005, District staff met with Lake Sebring
representatives to review their claims. Following the meeting, Lake Sebring agreed to
provide supporting documentation concerning the timing of events and its reliance on the
earlier District staff representation that no ERP was necessary and a counter-offer, and
District staff agreed to re-evaluate wetland impacts and the need for wetland mitigation.
On-site forensic wetland assessment has been completed; however, no further
documentation has been provided.
As of the preparation of this recap, no counter-offer has been received, and the parties
have not reached agreement on a Consent Order.
Authorize the initiation of litigation against Lake Sebring Estates Development, Corp. and
any other appropriate parties to obtain compliance, a monetary penalty and recovery of
District enforcement costs, court costs and attorney’s fees.
55
Consent Agenda
23. Initiation of Litigation - Surface Water Activity - ERP No. 44026729.000 – Master
Containers, Inc. (Master Containers Addition) – Polk County
In August 2003, District staff received complaints of flooding on Third Avenue in Mulberry,
Polk County, from a property owner whose rear lot line was adjacent to a stormwater pond
owned by Master Containers, Inc. (Master Containers) and located on Second Avenue. A
site inspection revealed a retention pond located on Second Avenue and across the street
from the Master Containers facilities, with roof runoff from the facilities being conveyed to
the pond via a concrete flume and a culvert under Second Avenue. According to Master
Containers, the pond and most of the buildings comprising its facilities had been in
existence prior to October 1984. Property records revealed that Master Containers
acquired the pond parcel in 1993 and constructed additional buildings on its property in
1991 and 1994. No Permit had been obtained for the alteration of an existing surface
water management system on the property.
In December 2003, District staff issued to Master Containers a Notice of Unauthorized
Construction. Master Containers subsequently applied for an Environmental Resource
Permit (ERP), and on June 3, 2004, the District issued ERP No. 44026729.000 to
authorize after-the-fact the surface water management system alterations and to require
additional modifications to meet District requirements, such as the removal of a large tree
within the pond and construction of a retaining berm, littoral zone, discharge structure and
spreader swale. The Permit required completion of construction within 90 days of Permit
issuance and submittal of a Statement of Completion and certified as-built construction
drawings 30 days thereafter, or by October 1, 2004. The documents were not submitted
as required. District staff site visits in December 2004 and March 2005 revealed that none
of the corrective construction work had been undertaken.
In March 2005 and May 2005, District staff requested submittal of the Statement of
Completion and as-built drawings, but the documents were not submitted. On August 4,
2005, District staff issued a Notice of Violation to Master Containers concerning the failure
to submit the required documents. In December 2005, the property owner adjacent to the
Master Containers retention pond again complained to the District and advised that the
corrective work had not been completed. On December 2, 2005, District staff conducted a
site visit and observed that the pond discharge structure had been constructed, but the
remaining corrective work had not been done. On December 6, 2005, District staff issued
a proposed Consent Order addressing Master Containers’ failure to properly construct the
surface water management system and to submit the required documents. The Consent
Order assessed penalties and costs totaling $16,200 as follows:
• $3,000 – for water quantity impacts in the penalty matrix range of $2,500 - $7,499 for
minor impacts;
• $5,000 – for construction deviations in the penalty matrix range of $2,500 - $7,499 for
moderate deviations;
• $1,000 – for nonsubmittal of a Statement of Completion and as-built drawings for a
Standard General ERP;
• $2,700.00 – the standard cost assessment for as-built construction deviations.
56
Master Containers responded to the Consent Order by advising that it had experienced
some issues with the City of Mulberry that had prevented completion of construction, and
that it would like to negotiate the Consent Order terms. On December 30, 2005, District
staff met with Master Containers on-site to review construction requirements. Master
Containers agreed to complete the work before February 2006. As of the date of
preparation of this recap, no counter-offer has been received and the matter is not
resolved.
Authorize the initiation of litigation against Master Containers, Inc. and any other
appropriate parties, to obtain compliance, a monetary penalty and recovery of District
enforcement costs, court costs and attorney’s fees.
57
Consent Agenda
24. Initiation of Litigation - Surface Water Activity - MSSW No. 4908471.003 - McDonald
Development Enterprises, Inc. and McDonald Golf Enterprises, Inc. (Golden Lakes –
Eaglebrooke Subdivision) – Polk County
In June 1995, the District issued Management and Storage of Surface Water (MSSW)
Permit No. 4908471.003 to McDonald Development Enterprises, Inc. to authorize the
construction and operation of a surface water management system serving a 371-acre golf
course community then known as Golden Lakes and now known as Eaglebrooke, located
in Lakeland, Polk County. The project included construction of an 18-hole golf course,
residential areas and wetland mitigation. In March 2002, District staff inspection revealed
that project construction was complete. By letters dated June 10, 2002 and October 18,
2002, District staff requested submittal of a Statement of Completion, as-built drawings,
legal documents relating to the Golden Lakes Community Development District (the
intended operation and maintenance entity), and wetland reports.
The required
documents were not submitted.
Property records revealed that McDonald Development Enterprises, Inc. conveyed the golf
course portions of the project to a related entity, McDonald Golf Enterprises, Inc. Pursuant
to District rules, split ownership of a permitted project area voids the permit unless a
modification is obtained to add all owners. On May 9, 2003, Notices of Violation were
issued to both parties concerning the failure to notify the District of the change in
ownership, failure to obtain a permit and the failure to submit a Statement of Completion,
as-built drawings, plat, declaration of protective covenants, wetland reports and other
required documents. By letter dated June 17, 2003, the project engineer advised District
staff that there were certain as-built deviations requiring attention before the project could
be certified as being in compliance with the Permit. District staff conducted an as-built
inspection confirming the existence of deviations. However, the required completion
documents demonstrating that the deviations were corrected were not submitted.
In June 2004, District staff received a complaint from a lot owner in Phase Two of the
project concerning off-site flow causing flooding of land and swimming pools within the
project. Following site visits, District staff determined that a rear lot swale was not properly
constructed. Work was undertaken to reconstruct the swale, and the corrective work was
confirmed by an October 2004 District site visit. However, flooding complaints continued.
Further investigation revealed a significant contributing area of off-site surface flow that
was not accounted for in the permitted design of the project.
On May 28, 2005, the District issued a Notice of Violation to both McDonald Development
Enterprises, Inc. and McDonald Golf Enterprises, Inc. concerning as-built construction
deviations and the failure to submit required documents for the project. In response, the
project engineer advised that the earlier reported deviations had not been addressed and
that resolution may require a Permit modification. No application to modify the Permit was
subsequently submitted, nor were documents submitted to demonstrate that the deviations
had been corrected, or to add McDonald Golf Enterprises, Inc. as permittee. Following
issuance of the Notice of Violation, complaints of rear lot flooding in Phase Two of the
project continued to be received. The required documents were not submitted in response
to the Notice of Violation.
58
Consequently, on December 6, 2005, the District issued a proposed Consent Order to
obtain compliance. The proposed Consent Order required corrective action and assessed
penalties and costs totaling $43,200 as follows:
• $5,000 – for water quality degradation within the penalty matrix range of $2,500 $10,000 for such violations;
• $10,000 – for water quantity impacts within the penalty matrix range of $7,500 - $19,999
for moderate impacts;
• $8,500,000 – for major construction deviations within the penalty matrix range of $7,500
- $10,000 for such violations;
• $2,500 – for the failure to submit a Statement of Completion and as-built drawings for an
Individual Permit;
• $1,000 – for the failure to submit required wetland reports, plat, documents relating to
the operation and maintenance entity, and failure to modify the Permit to add all project
owners;
• $2,700.00 – the standard enforcement cost assessment for construction deviations.
In response to the proposed Consent Order, McDonald Development Enterprises, Inc.
requested a meeting to discuss compliance. District staff met with the parties on
December 21, 2005 to discuss necessary corrective work. McDonald Development
Enterprises, Inc. was invited to propose a counter-offer in resolution of the Consent Order.
As of the preparation of this recap, no response has been received, and the parties have
not reached agreement on the terms of a Consent Order.
Authorize the initiation of litigation against McDonald Development Enterprises, Inc.,
McDonald Golf Enterprises, Inc. and any other appropriate parties, to obtain compliance, a
monetary penalty and recovery of District enforcement costs, court costs and attorney’s
fees.
59
Consent Agenda
25. Initiation of Litigation - Surface Water Activity - MOSN III, LLC and Anchor
Investment Corporation of Florida (Mt. Olive Shores North – East Addition) – Polk
County
In December 1999, the District issued an Environmental Resource Permit (ERP) to Anchor
Investment Corporation of Florida (Anchor Investment) to authorize the construction of a
surface water management system for a 54-acre residential development to be known as
Heritage Township located off of State Road 33 in Polk City, Polk County. Some grading
and clearing was begun on a portion of the project site, but the project was never
completed. As of December 2004, the ERP had expired. District staff confirmed the
project was incomplete on January 5, 2005.
On January 24, 2005, District staff were conducting a site visit for another project in the
area, known as Mt. Olive Shores North, for which a permit had been issued to MOSN III,
LLC (MOSN). District staff observed that approximately 20 acres of the former Heritage
Township property and approximately 50 acres of an adjoining parcel owned by MOSN
were in the process of being cleared and graded. No ERP had been obtained to authorize
the construction of a new or alteration of an existing surface water management system on
these properties. On January 28, 2005, District staff issued a Notice of Unauthorized
Construction. On April 19, 2005 an ERP application was submitted for a 359-lot
residential subdivision to be known as Mt. Olive Shores North – Eastern Addition located
on approximately 180 acres. The proposed project area includes the parcel owned by
Anchor Investment, the parcel owned by MOSN and another contiguous parcel owned by
MOSN. The applied-for ERP was issued by the District on September 27, 2005.
On August 15, 2005, a Notice of Violation and proposed Consent Order was issued to
MOSN and Anchor Investment for commencing construction prior to permit issuance. The
proposed Consent Order assessed penalties and costs totaling $45,600 as follows:
• $8,600 – for 0.52 acre of unauthorized wetland dredge and fill impacts resulting in a
Uniform Wetland Mitigation Assessment Method (UMAM) functional loss score of .43,
multiplied by a value of $20,000 for herbaceous wetlands;
• $35,000 – for clearing of 70 acres assessed at $500.00 per acre; and
• $2,000.00 – the standard enforcement cost assessment for construction without a
permit.
As of the preparation of this recap, the parties have not reached agreement on the terms
of a Consent Order.
Authorize the initiation of litigation against Anchor Investment Corporation of Florida,
MOSN III, LLC and any other appropriate parties, to obtain compliance, a monetary
penalty and recovery of District enforcement costs, court costs and attorney’s fees.
60
Consent Agenda
26. Amendment of Well Permitting Delegation Agreement for Sarasota County and
Initiation of Rulemaking to Amend Rule 40D-1.002(3), Florida Administrative Code
(F.A.C.), to Incorporate the Amended Agreement by Reference
The District and Sarasota County renewed the agreement delegating the Well
Construction Permitting Program to Sarasota County in May 2005. The Sarasota County
Department of Health has administered the program for the County through a County
ordinance for many years. Staff recently determined that the renewed agreement may not
adequately recognize this longstanding relationship.
Therefore, staff recommends that the delegation agreement be amended to specifically
authorize Sarasota County’s delegation of the program to the Sarasota County
Department of Health. All other terms and conditions of the agreement will continue
unchanged. The amended agreement, if approved, will be incorporated by reference into
Rule 40D-1.002(3), F.A.C.
A copy of the proposed amended agreement is attached.
See Exhibit 26
(1) Approve the draft First Amendment to Well Construction Permitting Agreement
Between Southwest Florida Water Management District and Sarasota County; and
(2) Authorize the initiation of rulemaking to amend Rule 40D-1.002(3), F.A.C., to
incorporate the amended agreement by reference.
Presenters: Anthony Gilboy, P.G., Well Construction Manager, Technical Services Dept.
Margaret Lytle, Senior Attorney, Office of General Counsel
61
Consent Agenda
27. Budget Transfer for the Purchase of a Vehicle Pump/Hoist for the Regional
Observation Monitor Well Program
Purpose
Staff requests approval to transfer $54,483 from the Regional Observation Monitor Well
Program (ROMP) well construction service budget to the ROMP outside equipment budget
to purchase a replacement vehicle and pump hoist. In fiscal year (FY) 2005, a total of
$103,421 was budgeted to replace the existing ROMP vehicle and pump hoist. These
funds were carried over into the current FY2006 budget. Following the solicitation of bids,
the low bid for the vehicle was $157,904, which is $54,483 more than the budgeted
amount available. Approval of the budget transfer request will provide sufficient funds to
purchase the replacement vehicle/pump hoist.
Background/History
A replacement vehicle and pump hoist was budgeted in FY2005 at an estimated cost of
$103,421. Bids were received in December 2005 and the low bid was $157,904, requiring
an additional $54,483.
Benefits/Costs
Prices for the vehicle and pump-hoist are $54,483 higher than anticipated due to an
increase in steel prices, primarily in the construction of the pump hoist component. The
original proposed benefit associated with the replacement of the pump hoist vehicle are
still valid and include: (1) the need to upgrade to a larger dual use vehicle that uses a
movable crane (as opposed to a fixed hoist) to perform additional functions other than just
pump placements such as transporting and loading/unloading well construction materials;
(2) the ability to perform pump sets with larger, heavier pumps; and (3) performing deeper
casing sets and well abandonments. Each of these benefits increases the section’s
efficiency in completing tasks and lowers long-term contractual costs.
The ROMP well construction budget currently has $354,134 available for well construction
services. It is anticipated that not all of these funds will be utilized in FY2006 primarily due
to difficulties in new site acquisition as well as slow well construction contractor response
on several District projects. Therefore, staff requests approval to transfer funds needed
for the new vehicle and pump hoist from the ROMP well construction budget to the outside
equipment budget. Well construction funds will be requested, as needed, through the
FY2007 budget process.
Impact If Not Funded
Failure to approve the budget transfer for the additional funds needed for the replacement
vehicle and pump hoist will result in delays to section tasks due to the inability to use
reliable equipment. These delays include the inability to finalize new ROMP sites for data
collection purposes, delays associated with performing key APTs at ROMP sites, and
delays due to the inability to transport supplies more efficiently.
Recommend the Governing Board approve the transfer of $54,483 from the ROMP well
construction service budget to the ROMP outside equipment budget to purchase a
replacement vehicle and pump hoist.
Presenter: Eric DeHaven, P.G., Director, Resource Conservation & Data Department
62
Consent Agenda
28. Presented to Alafia River Basin Board in December - Plan for Use and Management
of the Alafia River Reserve
A management plan has been developed by the District to guide the future use and
management of the 334-acre Alafia River Reserve. The Reserve is located in western
Polk County south of SR 60 within the Alafia River Corridor Project in the Alafia River
Basin. Staff is requesting approval of the management plan.
The management plan identifies important natural resources on the property, outlines
strategies for the long-term protection of those resources and identifies compatible public
recreational uses. According to the terms of the Management Agreement with Polk
County the District is responsible for the management of the natural resources and the
County is responsible for public use and security on the upland portions of the Reserve,
approximately 23 acres. Management activities will primarily focus on maintaining wetland
habitat, controlling invasive exotic plants and providing nature-based recreational
opportunities to the public. Public use on this relatively small tract includes hiking and
related uses such as wildlife observation, nature study and outdoor photography.
This item was recommended and approved by the Alafia River Basin Board at its February
meeting.
See Exhibit 28
Approval of the Plan for Use and Management of the Alafia River Reserve.
Presenter: Will Miller, Land Use and Protection Manager, Land Resources Department
63
Consent Agenda
29. Presented to the Pinellas-Anclote River Basin Board - Indian Rocks Beach
Stormwater Quality Improvements for 23rd through 25th Avenues – First
Amendment
This request is to recommend approval of the First Amendment to Agreement
No. 05CON000004 with the City of Indian Rocks Beach. The Amendment revises the
project scope by deleting work at the north end of the project at 25th Avenue because of
budget limitations. The cooperative funding of $137,500 budgeted by the Basin Board in
fiscal year (FY) 2005 is not proposed to be changed.
On October 19, 2004, the District entered into a cooperative funding agreement with the
City of Indian Rocks Beach for the Stormwater Quality Improvements for 23rd through
25th Avenues.
The City of Indian Rocks Beach stormwater quality improvement project and retrofit
involves the installation of Continuous Deflection Systems (CDS) stormwater treatment
units (CDS Technologies, Inc.) and improvements to the collection system. The requested
funds were to be used toward design, permitting and construction services necessary to
complete the following: improvements of the stormwater pipe system for the 23rd through
25th Avenue basin with the installation of 1,329 linear feet of storm collection system
piping ranging in size from 15 inch to 48 inch; stormwater quality treatment of a 19.89-acre
basin with CDS stormwater treatment units. The Project was proposed to address the
existing storm system, which is inadequate and deteriorating, and causes flooding in the
area of 23rd through 25th Avenues. An upgraded system, designed using the latest design
standards, would relieve the flooding situation of the streets and private properties within
the project area. The improved stormwater system would also retrofit the existing system
by providing treatment within the CDS stormwater treatment units before the surface water
runoff flows are discharged to the Intracoastal Waterway. A cooperative funding
expenditure agreement with the City was developed for the Implementation of Best
Management Practices.
The City received bids for the project on June 9, 2005 and the low bid (of six bids
received) was for $416,865.75, while the total project cost including engineering design
and permitting, was estimated at $275,000. Because the prices bid for the project
substantially exceeded the funding available, the City Commission rejected all bids and
authorized City staff to negotiate an acceptable revised scope of work and project cost
with the low bidder. The City staff and consultants have estimated that the construction of
the work at 23rd and 24th Avenues will cost $250,000 based on the unit prices provided by
the low bidder. The engineering design services and permitting will remain at $53,000, as
they were in the original agreement, for a total revised project cost of $303,000. The
nature of the project is such that 23rd and 24th Avenues have to be constructed together
because of conveyance system interrelationship, that is, 23rd Avenue stormwater
discharges to 24th Avenue which, in turn, discharges to the Intracoastal Waterway. Just
before the final discharge there will be a CDS-type structure installed for water quality.
The 25th Avenue conveyance system is a stand-alone system and can be constructed in
the future. The City has indicated that it may be seeking cooperative funding for this work
in FY2008.
64
The City will manage the project, whereas the District project manager must approve any
agreements to accomplish project tasks. The total project budget is $303,000 with the
Basin’s share not to exceed $137,500, and the remaining $165,500 being paid by the City.
The Pinellas-Anclote River Basin Board approved the amendment at its February meeting.
Approve the First Amendment with the City of Indian Rocks Beach to delete the work at
25th Avenue; and authorize the Executive Director to execute the Amendment.
Presenter: Mark A. Hammond, Director, Resource Management Department
65
Consent Agenda
30. Presented to the Peace River Basin Board - Lake Clinch Outfall Replacement:
Agreement with Polk County and City of Frostproof
Lake Clinch is located in southeast Polk County and is part of a chain of connected lakes
consisting of (from east to west) lakes Arbuckle, Reedy, Clinch, and Crooked. The
conveyance systems between these lakes have undergone alterations beginning in the
late 1800s, when Crooked Lake was first connected to Lake Clinch by dredging a channel.
Prior to this time Crooked Lake’s outflow was west into Peace Creek. The Lake Clinch
conveyance to Lake Reedy was significantly altered and restricted by conversion of its
historic natural channel to a combination pipe and open channel system. The alterations
occurred over many decades and systematically reduced the capacity of the system. The
magnitude of these changes was not fully realized until the recent rainfall events brought
back lake and groundwater levels to historic normal levels thereby causing severe flooding
problems in 2005. Polk County and the District undertook emergency repairs over the
summer to replace sections of undersized pipes, which alleviated flooding of County Road
17 in Frostproof. However, the outfall conveyance is still restrictive, and if wet conditions
continue, there is potential for Lake Clinch to surpass the 2005 levels, particularly if inflow
from Crooked Lake continues, which is likely.
To address Lake Clinch’s restrictive outfall, Polk County and the City of Frostproof are
proposing a project to increase conveyance capacity between lakes Clinch and Reedy.
The project consists of increasing conveyance capacity by installation of larger pipes, and
installation of an operable water control structure on Lake Clinch. The objective is to
improve flood protection and lake level management on Lake Clinch, and allow increased
release of flows to Reedy Lake.
A preliminary cost estimate indicates a total design and construction cost of $3,878,000.
The County and City are requesting Basin Board funding for half the project costs, or
$1,939,000. Due to the significant cost, and the desire to make improvements before the
next wet season, project construction is planned in two phases. Phase I, the subject of
this funding request, will consist of installing the water control structure and a portion of the
pipe system by the beginning of the 2006 wet season. The Phase I budget is estimated at
$1,920,000, and is requested to be split 50/50 between the County and Basin Board, with
the Basin’s half totaling $960,000. If the Basin Board were to fund this request, the most
appropriate source would be from their Water Supply and Resource Development
reserves, which currently has $2,469,250 undesignated. Phase I will allow increased
discharge, though less than design capacity, to better control Lake Clinch’s level. Phase II
will complete construction to the full design capacity after the 2006 wet season at a budget
of $1,958,000, with the Basin’s half totaling $979,000. The Basin Board’s Phase II
contribution will be considered as part of their fiscal year (FY) 2007 budget. County and
District funding may be offset by State funding being pursued through Senator Alexander’s
office this upcoming session in the amount of $2,000,000. Any outside funding would be
allocated equally to County and District contributions.
In addition to this project, the City, County, and District have identified a series of
infrastructure improvements that are needed to address watershed management within
the lakes Reedy, Clinch, and Crooked watershed, an area totaling 65 square miles (Lake
66
Arbuckle is within the South Florida Water Management District). The staffs have been
working closely to initiate a comprehensive watershed management program for this area
and will include a request for funding in the FY2007 budget. The Lake Clinch project is the
first priority for beginning capital improvements implementation, due to its key role in flood
protection and conveyance of flows between lakes.
Polk County and the City of Frostproof will be responsible for administering contracts with
consultants and contractors.
The Peace River Basin Board approved this agreement at its February meeting.
Approve an agreement with Polk County for Phase I of the project at a total budget of
$1,920,000, with the Basin’s share not to exceed $960,000, and authorize the Executive
Director to enter into agreements with Polk County and the City of Frostproof for
completion of the project.
Presenter: David G. Arnold, P.E., Engineering Section, Resource Management Dept.
67
Consent Agenda
31. Annual Water Management District Consolidated Report - Final Document
During the 2005 legislative session section 373.036, Florida Statutes (F.S.), was amended
to require the water management districts to prepare a "Consolidated Water Management
District Annual Report." The report must include the following:
(1) The district water management plan annual report or the annual work plan report
associated with an annual Strategic Plan;
(2) The minimum flows and levels annual priority list and schedule as approved by the
Department of Environmental Protection (DEP);
(3) The annual five-year capital improvements plan;
(4) The alternative water supplies annual report;
(5) The final annual five-year water resource development work program;
(6) The Florida Forever Water Management District Work Plan annual report; and
(7) The mitigation donation annual report.
The legislation requires the report be submitted by March 1st of each year to the DEP, the
Governor, the President of the Senate, and the Speaker of the House of Representatives.
In addition, copies must be provided to the chairs of all legislative committees having
substantive or fiscal jurisdiction over the districts and the governing board of each county
in the district having jurisdiction or deriving any funds for operations of the district. Copies
of the consolidated annual report must be made available to the public, either in printed or
electronic format.
Included with the Board packet is the District's proposed 2006 Consolidated Report.
Regarding the Florida Forever Work Plan component of the Consolidated Report, Section
373.139, Florida Statutes, authorizes the Governing Board to acquire fee or less than fee
interests in real property for flood control, water storage, water management, conservation
and protection of water resources, aquifer recharge, water resource and water supply
development, and preservation of wetlands, streams, and lakes. The statute also states
that the initial Florida Forever Work Plan (2001) and any subsequent modifications thereto
shall be adopted by the Governing Board after a public hearing. Except for lands that were
removed at the request of Pasco County, which were approved by the County for
development, no changes have been made to the Work Plan.
See Exhibit 31
Governing Board approval of the 2006 Consolidated Report, including adoption of the
2006 update to the District’s Florida Forever Work Plan.
Presenter: Richard S. Owen, Director, Planning Department
68
Consent Agenda
32. Transfer from Contingency Fund for Additional Engineering Services During Fiscal
Year 2006
Purpose
Staff request approval to transfer $127,550 from General Fund Contingency Reserves for
supplemental professional engineering consultant services concerning review, evaluation
and related work in FY2006. The Governing Board approved a recommendation by the
Inspector General to use contractual services for compliance activities beginning in Fiscal
Year (FY) 2005 to augment staff resources with outsourced assistance to aid in the review
of submitted data, identification of deficiencies in submitted data, and improve the
reliability of the regulatory database.
Background
The Regulation Compliance Audit conducted by the Inspector General’s office
recommended options for accomplishing the Environmental Resource Permit (ERP)
compliance backlog and to consider affects of established workload for overtime or
outsourcing. It was determined at that time, that the engineering consultants would best
serve the needs of the District by reviewing new submittals of As-Built documents; thus,
allowing District staff to complete the processing of the existing backlog of projects which
had been previously inspected and required corrective actions by the Permittee. The
Governing Board authorized funding for the outsourced ERP compliance work over a
three-year period, beginning in FY2005. The FY2006 budget included the second year of
funding at $245,700 for engineering consultant services for compliance activities.
Due to an unanticipated increase in ERP permit applications (1,025 ERP applications
received in first quarter of FY2006, compared with 928 in FY2005), service offices have
had a difficult time meeting the statutorily mandated 30-day time clock for permit review.
This 10 percent first quarter increase follows a 15 percent increase in the number of ERPs
in FY2005, compared to FY2004. To ensure the appropriate permit review within the
mandated time clock, the District has outsourced a significant number of ERP applications
for review by professional engineering consultants for an estimated $105,500. In addition,
a recent potential litigation issue related to a prior ERP issuance, has necessitated the use
of the contract for additional professional engineering consultant services for an estimated
$22,050. To complete the additional work and accomplish the planned FY2006 newly
submitted As-Built drawings and certified Statements of Completion for the balance of the
year, an additional $127,550 is required in funding.
Benefits/Costs
Staff is requesting an additional $127,550 for additional professional engineering
consultant services to assist in the review of ERPs to meet rule deadlines for both permit
application review and review of statements of completion and As-Built drawings, and with
the preparation for potential litigation related to an ERP issuance.
Impact If Not Funded
Without sufficient staff resources, statutory obligations might not be met and a backlog
could occur. The District could be in violation of Section 373 F.S., Part IV.
69
Approve the transfer of $127,550 from General Fund Contingency Reserves for additional
professional engineering consultant services in FY2006, and authorize the Executive
Director to negotiate and execute an amendment with Bayside Engineering for
Professional Engineering Consultant Services to increase the contract amount by
$127,550 from $384,889 to a not-to-exceed amount of $512,439.
Presenter: Paul W. O’Neil, Jr., P.E., Director, Technical Services Department
70
Consent Agenda
33. Board Travel
District policy states that in accordance with Chapters 112 and 373, Florida Statutes, travel
expenses may be incurred for official District business or for a public purpose beneficial to
the District. Travel to any conference or convention requires prior approval.
Within the geographic boundaries of the District, Governing Board members may incur
travel expenses to attend Governing and Basin Board meetings or for other purposes
beneficial to the District, excluding conferences and conventions. Scheduled travel for
Governing Board members outside the District or to attend conferences or conventions
requires prior approval through the consent agenda of a regular monthly Governing Board
meeting. Non-scheduled travel outside the District or to attend any conference or
convention requires prior approval of the Governing Board Chair, or in her absence, the
Vice Chair.
As of February 8, 2006, the following travel outside the geographic boundaries of the
District is scheduled:
Name
Estimated Cost
Purpose
$425; travel costs
Greenways and Trails Council
include airfare,
Heidi B. McCree
Meeting; February 24, 2006;
mileage, meals and
Tallahassee
lodging
Joint Meeting of the Water
Heidi B. McCree
Management Districts’
Neil Combee
$40-380; travel
T. G. “Jerry” Rice
Thomas G. Dabney
Governing Boards with the
costs include
Judith C. Whitehead
Governor’s Office and the
Watson L. Haynes II
Patsy C. Symons
airfare, mileage,
Janet D. Kovach
Department of Environmental
meals and lodging
Edward W. Chance
Todd Pressman
Protection; March 1, 2006;
Jennifer E. Closshey
Tallahassee
Heidi B. McCree
Jennifer E. Closshey
T. G. “Jerry” Rice
Neil Combee
$20-75; travel costs
Water Rally; March 17, 2006;
Judith C. Whitehead Watson L. Haynes II include registration,
Tampa
Patsy C. Symons
Janet D. Kovach
mileage, and meals
Edward W. Chance Todd Pressman
$400; travel costs
Environmental Protection
include airfare,
Agency/Water CHAMP’s Gulf
Watson L. Haynes II
mileage, meals and
Guardian Award; March 28-30,
lodging; airfare and
2006; Corpus Cristi, Texas
lodging pre-paid.
Approve Governing Board travel as designated above.
Presenter: Lou Kavouras, Director, Boards and Executive Services
71
Consent Agenda
34. Budget Transfer Report
In accordance with Board Policy No. 130-8, all transfers approved by the Basins,
Executive Director and Finance Director under delegated authority are regularly presented
to the Finance and Administration Committee for approval on the Consent Agenda at the
next scheduled meeting. The exhibit for this item reflects all such transfers executed since
the date of the last report for the Committee's approval.
See Exhibit 34
Committee recommend approval to the Governing Board.
Presenter: Linda R. Pilcher, Assistant Director, Finance Department
72
MINUTES OF THE WORKSHOP
Governing Board
Dade City, Florida
January 10, 2006
The Governing Board of the Southwest Florida Water Management District (SWFWMD) met on
January 10, 2006, at the Green Swamp West Field Office in Dade City, Florida. Chair Heidi
McCree called the meeting to order at 10:15 a.m. The following persons were present:
Board Members Present
Judith C. Whitehead, Treasurer
Edward W. Chance, Member
Jennifer E. Closshey, Member
Neil Combee, Member
Thomas G. Dabney, Member
Janet D. Kovach, Member
Todd Pressman, Member
Board Members Absent
Talmadge G. Rice, Vice Chair
Watson L. Haynes II, Member
Staff Members Present
Gene A. Heath, Assistant Executive Director
William S. Bilenky, General Counsel
Kurt Fritsch, Inspector General
Eugene A. Schiller, Deputy Executive Director
John W. Heuer, Deputy Executive Director
Bruce C. Wirth, Deputy Executive Director
Lou Kavouras, Executive Coordinator
Minutes Prepared By
Annette D. Oakes, Senior Admin. Assistant
A list of others present who signed the attendance roster is filed in the permanent files of the
District. Approved minutes from previous meetings can be found on the District's Web site
(www.WaterMatters.org).
1. Welcome and Opening Remarks
Chair McCree welcomed Governing Members to the Green Swamp West Field location
and thanked them for attending the Board workshop. She thanked Mr. Fritz Musselmann,
Director of the Land Resources Department, and his staff for their help in organizing the
setting for today’s meeting. Chair McCree said the purpose of today’s workshop was to
spend time together as a group and review current issues. In the future, the Governing
Board may want to consider a workshop that is issue-specific. For example, the Board
could meet to work on the FY2007 Strategic Plan, or schedule a workshop based on a
topic that emerges from today’s discussion. Chair McCree said she had three main
objectives for today’s workshop: (1) for Governing Board members to raise issues they
feel warrant discussion, (2) realize not all issues may be resolved today but create a
placeholder for those that need to be carried over, and (3) leave today’s workshop with a
positive and inspired attitude toward the organization.
2. Governing Board Meeting Format
Chair McCree said she would like to discuss the following topics with the Board: (1) the
Governing Board Committee structure, (2) the full Board meeting structure, and (3) tips for
televised meetings. Chair McCree led this discussion and asked Board members for their
input on how the committee format was working. Ms. Closshey said having the
committees meet in the morning was helpful and the Deputies running them are doing a
great job. However, she felt the minute takers at times do not have sufficient background
and seem disconnected from the meetings, and this results in minutes that do not reflect
the meetings well.
Minutes of the Meeting
SWFWMD Governing Board Workshop
January 10, 2006
Page 2 of 8
Mr. Pressman echoed some of the same comments Ms. Closshey had made and added
he did not fully understand the administrative assistant’s function as to what type of
minutes they were expected to produce.
Ms. Symons said sometimes the committee minutes are not correct due to the quick
turnaround. Ms. Closshey said, at times, there seems to be confusion over documenting
the motions correctly. Ms. Kovach said the motion can be made clearer to the minute
taker if the Chair restates the motion. Mr. Moore said the District can provide training for
producing better minutes.
Mr. Chance said he is not in favor of the committee format. He said he believes it is
important for everyone to hear the debate and be informed of all the items, and
Chair McCree can decide if something should go before the full Board. Mr. Chance said
he was uncomfortable when the media calls the next day and he cannot fully explain an
item that was heard in a committee.
Ms. Whitehead said time is tight in the committees. She said that, at times, there are too
many items on the agenda.
Mr. Pressman said adjusting the depth of some subject matters and using structured time
elements will make items flow faster.
Ms. Closshey said regarding the issue of the committee structure versus full Board, she
does not feel the Board needs to micro-manage. She said attempts should be made to
refine our roles. Ms. Closshey said staff should limit putting items on the committees for
fill just because another committee may be busier. She said Board members who finish
their committees could go sit in on the other committee.
Ms. Kovach said DVDs are available of all committees, and additional pre-recorded
presentations could be made available for Board members to review. Mr. Pressman said
those items could also be used as back-ups.
Ms. Symons said when you are responsible to the public and for taxpayer dollars; those
items should come before the full board.
Mr. Dabney said with strong committees versus full Board, members rely on staff to keep
them informed. Mr. Dabney said the two-day meetings were not fun, so Committees need
to be strong. If the media calls, he said he tells them he did not serve on that particular
committee and gives them the name of the Board member who chairs the particular
committee the item the reporter is interested in knowing more about, or simply say I will
have to get that information for you. Mr. Dabney said he thought the current system was
working well.
Ms. Closshey requested staff make the recommendation that a particular item go before
the full Board and not wait for the committees to decide.
Chair McCree said that, as Chair, she reviews and discusses potential agenda items with
the Executive Director, who has discussed the items with the deputies and committee
chairs prior to placement on the committee or full Board agenda. Based on the Board
discussion, Chair McCree summarized by saying there may be some issues that need to
be addressed, but for the most part a strong committee approach seems to be effective.
Ms. Closshey asked what the Executive staff thought about formats.
Mr. Moore said a lot of thought goes into agenda development. Discussion of what goes
to the committees or full Board is considered carefully each month.
January 10, 2006
Page 3 of 8
Ms. Kovach asked if the Governing Board should meet two-days every 60 days.
Mr. Pressman said the District is growing; therefore, we must have strong committees or
the Board meetings could go on for three days.
Ms. Closshey suggested periodically conducting two-day meetings perhaps at the end of
the June/July timeframe. She said that, if we did that twice a year, staff would have less
meetings to prepare for and the Board could accomplish a lot of work in two days.
Chair McCree said the November/December Board meeting was structured as a two-day
meeting, and a summer meeting following the same format could also be considered.
Ms. Kavouras presented the Board members with “Tips for Broadcasted Meetings” now
that the Board meetings are locally televised on government access channels throughout
the District. Mr. Pressman noted the telecast he saw in Pinellas County was a little cloudy.
Ms. Kavouras said staff would check into that situation. Board members asked to be
briefed on the positions of the monitors in the boardroom in order to get a better idea of
what is being taped for broadcast. It was decided that Board members would arrive
15 minutes early prior to the January meeting for an informal briefing. Mr. Dabney said the
large monitor in front of the lectern is helpful to those sitting at the center of the dais.
3. Correspondence
This item was placed on the agenda at the request of Ms. Kovach so she would have a
better understanding of the District’s procedures regarding Board correspondence.
Ms. Kavouras said the District has an excellent correspondence tracking system. The
Governing Board members received an outline detailing how mail is handled for Board
members and Executive staff. If Board members receive mail directly, it is their
responsibility to provide a copy to Executive staff so it can be logged into the
correspondence tracking system.
This system has evolved over the years and
Ms. Kavouras said it is now 90 percent paperless. Ms. Kavouras said staff could e-mail
copies of correspondence to the Board members. Governing Board members seemed to
be receptive of the idea and those who wish to receive their copies electronically will
e-mail Ms. Kavouras requesting the change. Mr. Bilenky cautioned that legal and
confidential matters would need to be distributed by paper copy. The Clip Track news
articles were discussed. Ms. Kavouras said normally the information is electronically
available on our Website by 9:00 a.m., with the exception of Mondays, when it is available
a little later in the morning.
Mr. Chance said he does not like to use his personal computer for e-mailing District
business because all of his private information could be subject to a potential investigation
or subpoena. Mr. Bilenky explained that if Board members e-mail each other about
District business it is considered a public record and depending upon the nature of
business could possibly be subject to subpoena. Ms. Closshey asked for clarification on
how to proceed with correspondence that comes directly to their homes that did not
originate from the Executive office. Mr. Moore said correspondence that may be received
directly from an outside source, especially if it is a complaint, should be passed on
immediately to the proper Executive level department head. Ms. Kovach said, in the past,
Governing Board members agreed that if a letter was sent anonymously they would not
consider acting upon it. Mr. Fritsch said, under Board Policy 140-2, any letter dealing with
fraud, waste, or abuse, anonymous or not, should come to him so his responsibility is
covered. Ms. Kovach led a discussion about receiving correspondence as a whole
Governing Board. She said she has experienced situations where other Governing Board
members had received information she felt was important for her to have as well, but that
she was not provided the same information that the other Board members received.
Ms. Kavouras said her staff follow the guidelines and all Board members are copied on
correspondence addressed to the Board. (CD 1-Track 3 – 00:00/16:14)
4.
January 10, 2006
Page 4 of 8
Board Policies
Chair McCree said the purpose of today’s discussion on Board Policies was to decide
which policies may need some updating and which policies should remain the same. The
majority of the Board Policies are divided among the committees for annual review;
however, eleven of the policies are reviewed by the full Board because they go beyond
committee responsibilities. No comments were heard for Board Policy 110-5, Conduct of
Board Meetings. Mr. Chance led a discussion about conflicts of interest. He said he is
concerned when a Board member declares a voting conflict and no explanation is
required. He would like to be made aware of situations that involve Board members and
taxpayers’ dollars. Mr. Dabney suggested the conflict of interest voting form could be
copied and handed out to all Board members. Ms. Closshey suggested that Board
members take the responsibility upon themselves and fill out voting conflicts in advance of
the meetings so they can be shared among the Board. Mr. Pressman said a
distinguishing factor should be involved when deciding to share voting conflict forms
between what would considered normal and what would involve a more sensitive issue,
such as gaining from taxpayers’ money. Chair McCree instructed Mr. Bilenky to draft a
new conflict of interest policy or modify an existing policy, which will then be brought back
to the Finance and Administration Committee for consideration in the next few months.
The next policy discussed was Board Policy 110-7, Election of Governing Board Officers.
Ms. Closshey suggested a silent written nomination process instead of verbal
nominations--the top three nominations are placed on the ballot and voted on again in
writing. A majority vote would be needed to win the election. Ms. Closshey explained this
process was used on another board she serves on and it helped change the dynamics of
that group. Board members discussed the option and Mr. Bilenky said he did not see a
problem with Ms. Closshey’s suggested process. Mr. Chance said he thought the current
system was working well. Ms. Kovach asked her fellow Board members if they felt there
was a succession plan. Chair McCree said she had received valuable mentoring from
Mr. Haynes when he served as Chair and she served as Vice Chair. Ms. Symons said
she did not feel the positions of Secretary or Treasurer needed a succession plan, but the
Vice Chair should have the opportunity to move up to Chair. Mr. Chance said you should
vote for the person who displays the best leadership qualities. Mr. Dabney said he felt
there was a real benefit to move from Vice Chair to Chair. He said when you are electing
a Vice Chair, you are choosing someone you feel could run this Board in absence of the
Chair. Mr. Dabney said their period as Vice Chair also allows them time to prepare for the
next step. Mr. Chance said he would not vote for someone as an officer if he did not like
the way they operated in other situations. He said he will vote for who he thinks is the best
person for the job. No changes were suggested to Board Policy 110-7, Election of
Governing Board Officers. Chair McCree said job descriptions for each officer are being
drafted so there is a reference of what each post requires. (CD 1/Track 4 – 00:00/28:57)
Chair McCree said she is having Mr. Bilenky review the District’s legal services policies
and asked the Board for any discussion on Policies 160-1, District Legal Services; 160-2,
Defense of Civil Suits: Indemnification; 160-3, Proposals for Settlement in Civil Cases;
160-4, Delegation of Authority to General Counsel for Certain Administrative Hearing
Matters; and 160-6, Delegation of Authority to Executive Director for Approval of Certain
Consent Orders. Hearing none, she stated that Messrs. Moore and Bilenky are reviewing
board Policy 160-5, General Counsel Reporting Authority. Ms. Closshey asked if the terms
“report functionally” and “report administratively” could be defined in the policy.
Ms. Kovach would like to know how other Water Management Districts (WMDs) handle
their General Counsel Reporting Authority for comparison. Mr. Chance said he would feel
uncomfortable if the General Counsel reported to anyone other than the Governing Board.
Mr. Dabney said he would like to hear from Messrs. Moore, Bilenky, and Fritsch on how
the reporting process is working and how well they are working together. Mr. Moore said
recently the Board had faced some complicated issues, and his objective is to use their
January 10, 2006
Page 5 of 8
three positions (Executive Director, General Counsel, and Inspector General) to carry out
Board directives and have this organization the best it can be. Mr. Bilenky said the most
difficult part of his job is having to say “no.” Whenever Mr. Moore wants to do something,
Mr. Bilenky said he tries to get him there legally.
Mr. Chance said the current process provides the necessary checks and balances. He
said he thinks staff got ahead of the Board where Tampa Bay Water is concerned. Chair
McCree cautioned Mr. Chance that the subject is a sensitive one, no one got ahead of the
other, and she wants everyone to remain respectful of each other’s roles in the process
and keep the lines of communication open. She said more discussion can be taken up at
the January Governing Board meeting regarding Tampa Bay Water. In response to
Mr. Chance’s comments that staff got ahead of the Board, Ms. Closshey said there are
always external factors that are going to modify what happens. She said if and when staff
gets ahead of the Board, it is the Board’s responsibility to get the situation corrected.
Ms. Closshey said she appreciates Messrs. Moore and Bilenky’s efforts for continuous
process improvement because there are always going to be challenges ahead.
Ms. Kovach led a discussion regarding communication and the Sunshine Law. She said
she has major problems with the way staff has been handling the Tampa Bay Water
desalination issue. She said she felt she was being asked where she stood on the issue
and that was a form of polling Board members. Chair McCree explained the reasons for
the individual Board member briefings and said this has been a team effort and she did not
think there was any ill intent. Mr. Moore said staff was seeking Board feedback.
Mr. Heath said staff met with Board members to disclose what potential agreement they
had at that point in negotiations. Mr. Dabney said being in the public is a blessing and a
handicap at the same time. He feels the staff team did the best they could under the
circumstances. Mr. Combee said he felt staff was just seeking Board feedback and not
sharing the position other Board members were taking. Ms. Symons said she made a list
of questions to ask staff first when staff said they wanted to meet with her because she
wanted a better understanding of the situation. She said she felt she had a clear picture of
where the District stood on the issues after their meeting. Mr. Chance said he felt Board
members should have been involved in the negotiations, and he does not believe the
Board was well represented in those meetings. Mr. Bilenky said he attended all of Board
briefings and did not witness any violations of the Sunshine Laws. He said staff was very
careful not to violate any laws and presented the same information to each Board
member. (CD 1/Track 4 – 28:57/01:14:39)
Chair McCree provided for a lunch break at 12:30 p.m. The order of consideration was altered
slightly to accommodate a presentation on the Green Swamp.
6. Lunch with Presentation on Green Swamp Lands
Before resuming to the workshop agenda Mr. Musslemann presented the history of the
Green Swamp purchases and explained the importance these acquisitions have to water
resource protection and management. Chair McCree said Saturday, April 8, 2006 is the
next Volunteer Appreciation Day, which is to be held at the Green Swamp West. She
thanked Mr. Musselmann for his excellent overview and for his help with the workshop
meeting arrangements. (CD 1/Track 4 – 01:14:39/01:33:05)
Consideration returned to Item 4, Board Policies.
4. Board Policies (continued)
Board members had no suggested changes to Policies 710-1, Recruitment, Selection and
Compensation of the Executive Director, General Counsel and Inspector General and
710-2, Performance Evaluations of the Executive Director, General Counsel and Inspector
General. Board Policy 110-2, Legislative Coordination, was reviewed by the Outreach and
Planning Committee and approved back in June; however, Chair McCree indicated the
policy needed to be readdressed due to a situation that occurred during the last legislative
January 10, 2006
Page 6 of 8
session. Ms. Kovach explained why she asked for this item to be discussed today. She
said last year a Committee decision was not carried out promptly for a timely decision to
have been made by the Governor. Ms. Kovach said the explanation she received was that
staff thought it would be better not to act on the item because of a changing political
environment. She said she felt strongly staff should have carried out the Committee’s
recommendation. Ms. Closshey said regarding legislative issues, time is of the essence
and gratefully they are seasonal issues that have to be dealt with and not year round.
Ms. Closshey said that, in this arena, it is hard to make “black and white” rules and that the
legislative processes require more thought and we may need a different system to address
them. Ms. Symons said this was a very difficult position to be in and the Committee
thought they were going to have to stand but the issue worked itself out, without sending
the letter. Mr. Chance said he was the one who suggested the letter. He said the problem
is that the Board meets one a month and the Legislature meets every day when it is in
session. Mr. Chance said there should be a policy for issues like this. Ms. Kovach said
things change and there is always new information. She said her concern is the public
who attends a meeting expecting certain results and then they do not happen. Mr. Moore
said if the Board decided to assign delegation between Board meetings, he would suggest
the Chair be assigned. Ms. Whitehead said the Chair would be the logical choice. Chair
McCree suggested that a revision to Board Policy 110-2, delegating responsibility to the
Chair for timely consideration during the legislative session, be prepared for the Board’s
consideration and presented at the January meeting. (CD 1/Track 4 – 01:33:05/01:53:05)
5.
Dealing with Today’s Competitive Market Forces
Mr. Moore said recently the District has lost a few key staff members, and there is concern
that others may follow and leave to pursue other opportunities. He said he has pulled
together his Executive team to address the problem. Mr. Moore said the team is looking at
statistics, talking to employees at the other service offices, reviewing exit surveys, and
identifying the issues. Organizationally the District may be able to make some changes
that will help the situation and the overall objective is to make this great organization even
better. Board members were provided a packet of statistical comparison that Mr. Moore
reviewed in detail. The first graph depicted SWFWMD Total Turnover by Fiscal Year
showing that the District averaged between seven and eight percent turnover for a number
of years. Other comparisons reviewed were the SWFWMD’s turnover rate compared to
South Florida Water Management District. Mr. Moore pointed out the two organizations
have had very similar results especially over the past five years. He said the District is
seeking to make other comparisons with more organizations on various levels of data.
After staff has had a chance to make more comparisons, decisions can be reached about
appropriate actions.
Mr. Moore said he had identified issues in the following areas that will need to be
addressed: salary, management, and communications. The salary and compensation will
ultimately come back to the Board because solving the issues will probably require going
above the current budgetary authority. Staff has been looking into the compensation
issues associated with those employees who work in the Sarasota Service Office.
Salaries for employees in the Sarasota area run about one percent lower as compared to
salaries for the Tampa area; however, the cost of living is 6.4 percent higher in Sarasota.
A preliminary look at the District’s numbers is indicating that salaries are higher for the
employees at the Sarasota Service Office compared to our other service offices.
Mr. Moore said the Executive team is working very hard on this issue. Mr. Chance said he
was sorry that Mr. Steve Minnis has left the District. He said that Mr. Minnis covered a lot
of ground and was a well-respected Community Affairs Coordinator. Mr. Chance said he
felt Mr. Minnis did not receive the credit he should have, and he was happy to hear
Mr. Moore say that he was looking into issues that went beyond salary because
employees need to be recognized more. Mr. Chance pointed out that we are putting
another half million dollars into media messaging, but we are not doing anything additional
for our employees. He said he is not in favor of quotas in the appraisal process, and he
believes if an employee filed a lawsuit against the District, we could be in trouble for such
January 10, 2006
Page 7 of 8
a practice. Mr. Moore said, when this policy was put into place, it was an attempt to put a
35 percent cap on the highest ratings from each department to try to equalize ratings
among the reviewers. Mr. Chance asked how can you not give employees who worked all
night long during the hurricane relief efforts a top rating. Ms. Symons said she agreed with
Mr. Chance about the comments he made regarding Mr. Minnis. She said the District
cannot afford to lose the people who make a difference. Ms. Kovach said this District is
number one because of our staff--they are the greatest assets. Ms. Kovach said she does
not believe in quotas either; it lowers morale. Staff members have told her through the
years that they could benefit from leadership training. Ms. Kovach said in the last few
years the District has become very project driven, and the real science and monitoring is
being lost. Mr. Dabney said stealing District Sarasota employees and Sarasota County
employees is rampant due the value of these employees to the private sector. He said
turnover can be good for an organization if good leadership and mentoring are in place.
Mr. Dabney believes we need to look at adjusting salaries at the senior level, and there
needs to be money on hand to address those necessary salary adjustments.
Ms. Closshey said turnover is a matter of fact and in this ever changing world the skill set
we had will not work for us forever. She said the District needs to take advantage of an
outsourced professional human resource analysis agency to gather data across the board
and recommend systems for change and improvement. Ms. Closshey said she
recognizes in this organization we are always going to be dealing with science versus
management; it takes a different set of human resource skills to deal with scientist’s
needs. Ms. Closshey said she would also recommend looking into an outside source to
conduct a confidential employee satisfaction survey and use the results to make the
dramatic changes we are seeking. Mesdames Symons and Whitehead said they would
support studies on salaries and employee satisfaction. Chair McCree said these topics
will be brought to the Finance and Administration Committee so action can be determined
and we can move forward on these good ideas. Mr. Pressman said employees are
number one, and he supports these ideas as well. Mr. Chance asked if the District
conducts job audits to determine if an employee is doing more than what was required in a
job description. Mr. Schiller said we do conduct job audits if a supervisor believes it is
warranted.
Mr. Dabney said he is worried employee morale will suffer if we spend another 18 months
discussing this at the committee level and nothing gets done. Mr. Moore said this is an
intensive effort and he plans to bring items to the Finance and Administration Committee
in January 2006. Ms. Kovach said she does not favor outsourcing scientific data
collection, and feels this is best done in house. Ms. Closshey clarified and said when she
was discussing outsourcing for data collection she said she was referring to it strictly for
collection of human resource data collection. She said she would like to emphasize the
use of a comprehensive confidential employee satisfaction survey. Ms. Closshey said that,
ideally, she would like to see this conducted simultaneously with an across the board
salary study to accomplish the best results. As far as spending money on advertising or
spending it on the employees, Ms. Closshey said may be we can do both, but she would
like to see something done for the employees. She said an 18 percent turnover rate was
more typical for an organization of this size; the ten percent turnover rate we are
experiencing may not be so bad. Mr. Dabney said this is a very sensitive issue, but he
does not believe in Board members talking directly to the employees. He said this is the
role of the Executive Director and he believes Mr. Moore should be handling this issue.
Ms. Kovach said when employees have spoken to her; she refers them back to their
supervisor. Ms. Closshey feels employees should be directed to human resources with
their problems for assistance. Mr. Chance said he considers a lot of District employees as
friends, and he is in favor of an employee satisfaction survey. He said a third party
confidential survey may be the only way employees would open up. (CD 1/Track 5 –
00:00/56:18)
7.
January 10, 2006
Page 8 of 8
Open Discussion
Mr. Chance said it was time to re-think our priorities and whether the Board is
the District’s money in the wisest way. Chair McCree said this was an
suggestion for a topic of a future workshop, along with the FY2007 Strategic
budget strategies. She suggested that a workshop in the spring of 2006
appropriate.
spending
excellent
Plan and
might be
Ms. Kovach questioned whether or not this workshop was adequately noticed, and she
had talked to staff about the subject. Ms. Kavouras responded that the workshop was
properly noticed, and in addition the workshop date had been discussed during public
meetings and was listed on the announcement section of last month’s Governing Board
agenda.
Mr. Bilenky said the District is now direct depositing all consent order fees.
Mr. Dabney said Weeki Wachee was not going to be on the January agenda and was
wondering if a time certain had been set for the Tampa Bay Water Desalination Dispute
Resolution. Chair McCree said she thinks the time certain could be around 1:30 p.m.
Chair McCree thanked everyone for participating and she hoped the Board members
found the workshop valuable. (CD 1/Track 6 – 00:00/04:56)
8. Adjournment
The meeting was adjourned at 3:55 p.m.
Public Input
No requests to speak were submitted.
The Southwest Florida Water Management District does not discriminate upon the basis of any individual's disability
status. This non-discrimination policy involves every aspect of the District's functions including one's access to,
participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation,
as provided for in the Americans with Disabilities Act, should contact the Executive Department, telephone 1-800423-1476 (Florida only), extension 4604; TDD ONLY 1-800-231-6108 (Florida only); FAX 352-754-6874.
MINUTES OF THE MEETING
Governing Board
Brooksville, Florida
January 24, 2006
The Governing Board of the Southwest Florida Water Management District (SWFWMD) met at
9:00 a.m. on January 24, 2006, at District headquarters. The following persons were present:
Board Members Present
Talmadge G. Rice, Vice Chair
Judith C. Whitehead, Treasurer
Edward W. Chance, Member
Jennifer E. Closshey, Member
Neil Combee, Member
Watson L. Haynes II, Member
Janet D. Kovach, Member
Todd Pressman, Member
Staff Members Present
Gene A. Heath, Assistant Executive Director
Eugene A. Schiller, Deputy Executive Director
John W. Heuer, Deputy Executive Director
Bruce C. Wirth, Deputy Executive Director
Lou Kavouras, Executive Assistant
Recording Secretary
Annette D. Oakes, Senior Admin. Assistant
Board Members Absent
Thomas G. Dabney, Member (participated via teleconference for Item 84)
A list of others present who signed the attendance roster is filed in the permanent files of the
District. Approved minutes from previous meetings can be found on the District's Web site
(www.WaterMatters.org).
Items 1 through 57 were presented during Committee meetings, and those matters will be
considered during Committee Reports and Recommendations. Therefore, the Board meeting
began with Agenda Item 58.
Administration and Regular Business Agenda
58. Call to Order
Chair McCree called the meeting to order and opened the public hearing. Ms. Symons
noted a quorum was present.
Chair McCree led the Pledge of Allegiance to the Flag of the United States of America.
Mr. Heath offered the invocation.
According to Section 120.525(2), Florida Statutes, additions to the published agenda will
only be made for "good cause" as determined by the "person designated to preside."
Mr. Moore said there were no additions and then noted the following deletions:
Consent Agenda
The following items were deleted from consideration:
65. ERP No. 49023527.001 - Preserve at Crystal River – Citrus County
82. Initiation of Litigation - Surface Water Activity - Hank and Samantha Temples
(Crystal Lake Place Project) - Polk County
SWFWMD Governing Board
January 24, 2006
Page 2 of 16
61.
Employee Service Recognition
Mr. Moore said this report recognizes employees who have reached five-year increments
in service to the District. The report will be provided on a quarterly basis. At today’s
meeting, Mr. Moore recognized those District employees and their many accomplishments
who have reached their 20-year service milestones and beyond. The list included Avery
Bailey, Pat Meadors, Ken Weber, James Tuttle, Margie Hagin, Mack Sweat, Voytek Mroz,
Yolanda Velazquez, Cheryl Glenn, and Dianna Brass. (CD 1/Track 1 – 00:00/13:37)
62.
District Awards
Mr. Moore said the District received two first place awards at the annual Florida
Government Communicators Association (FGCA) Awards Banquet held last month. The
FGCA Crystal Awards recognize excellence in government communications. The District
received Crystal Awards for the "Who We Are & What We Do" brochure and the District's
web site, WaterMatters.org.
"Who We Are & What We Do" is a single-topic publication that provides overviews on the
major responsibilities of the District. The brochure is designed to give the reader a better
understanding of the water management district's role in protecting the water resources in
its 16-county area. Mr. Moore recognized Linda McBride, Beth Bartos and Sylvia Durell
for their contributions to the creation and publication of this brochure.
WaterMatters.org has more than 1,000 pages. Approximately 25,000 visitors view
information on the District web site each month. Some of the most popular areas on the
web site include employment information, permit data, publication ordering forms and
news releases. The web site also provides information on a variety of District topics,
including meetings, maps, hydrology, projects, virtual watershed tours and others.
Mr. Moore recognized Linda McBride, Michael Molligan, Dean Rusk and David Rau for
their continuous efforts on the District’s web site.
Chair McCree thanked all of the employees who participated in today’s recognition portion
of the meeting, and on behalf of the Governing Board, she expressed their appreciation for
everyone’s hard work and dedication. (CD 1/Track 1 – 13:37/16:21)
Consent Agenda
Items 65 and 82 were deleted from consideration. A conflict of interest was declared for Item 79
so it was considered separately.
63. Approval of Minutes – November 30, December 1 and December 20, 2005 Governing
Board Meetings
64. ERP No. 43027654.001 - Park Place Estates Phase II – Charlotte County
65. ERP No. 49023527.001 - Preserve at Crystal River – Citrus County
66. ERP No. 43028470.000 - Stonebrier – Hillsborough County
67. ERP No. 43016872.026 - Lakewood Ranch Business Park – Manatee County
68. ERP No. 43027399.006 - The Lake Club at Lakewood Ranch, Phase II – Manatee
County
69. ERP No. 43029365.000 - Valencia Groves – Manatee County
70. ERP No. 43028259.001 - Lakeside – Pasco County
71. ERP No. 43027866.001 - Arnwine Phase 2 – Polk County
72. ERP No. 43028983.001 - Water Ridge - Phase II – Polk County
73. ERP No. 43027351.000 - Myakka Heights – Sarasota County
74. ERP No. 43028524.004 - IslandWalk at the West Villages, Phase 1C – Sarasota County
75. WUP No.20002689.005 - W I S D- East Charlotte Drainage District – Charlotte
County
76. WUP No. 20000785.011 - W F I N- Overlook Groves, Inc. – Hardee County
77. WUP No. 20012545.002 - F S N- Southern Hills Plantation – Hernando County
78. WUP No. 20004443.009 - W F I S D- Harbourvest, LLC – Manatee County
79. WUP No. 20000610.008 - W F I S D- CF Industries – Polk County
January 24, 2006
Page 3 of 16
W
F
I
S
U
=
=
=
=
=
Floridan Aquifer
Surface Withdrawal
Surficial Aquifer
N
N+
ND+
D~
=
=
=
=
=
=
100% new quantities
no change
80.
Consent Order- Surface Water Activity - Doug Needham (Placida Plaza) – Charlotte
County
that Doug Needham fails to comply with the Consent Order.
81. Consent Order- Surface Water Activity - MDG Suncoast, LLC (Suncoast Crossings)
– Pasco County
Approve the proposed Consent Order, and authorize the initiation of litigation in the event
that Developer fails to comply with the terms of the Consent Order.
82. Initiation of Litigation - Surface Water Activity - Hank and Samantha Temples
(Crystal Lake Place Project) – Polk County
Following consideration, Mr. Combee moved, seconded by Ms. Kovach, to approve
Consent Items 63, 64 and 66 through 78, and 80 and 81. Motion carried unanimously.
Following consideration, Ms. Whitehead moved, seconded by Mr. Combee, to approve
Consent Item 79. Ms. Kovach declared a conflict and recused herself from voting. The
motion carried. (CD 1/Track 2 – 00:00/01:37)
Mr. Combee expressed his appreciation regarding the addition of the agenda item recognizing
employee service milestones. (CD 1/Track 3 – 00:00/02:02)
Discussion Agenda
83. Items Removed from Consent Agenda for Discussion - None
84. Tampa Bay Water Dispute Resolution
Mr. Dabney participated in the discussion and vote of this item via teleconference.
Chair McCree said at the Governing Board’s December 20, 2005 meeting on this item, the
Governing Board voted to continue this matter until the January 24, 2006 Governing Board
meeting. There was a motion on the table to approve the staff recommendation, which
recommended the Governing Board adopt the proposed settlement agreement.
Mr. Moore reviewed the three major components of the settlement agreement to refresh
the Board’s memory. The three components are the environment, the Optimized Regional
Operation Plan (OROP), and the desalination facility. Mr. Heath reviewed the OROP
process which calls for an annual plan submittal, review period for Tampa Bay Water
(TBW) and its member governments, allowance for an arbitration period, and 90 days for
the District to review and accept the plan.
Ms. Kovach asked for clarification on how the District would enforce the “best efforts”
clause of the agreement. Mr. Bilenky said it would be treated like any other permit
violation. First, a consent order would be issued and the burden would shift to TBW to
January 24, 2006
Page 4 of 16
prove they had used their best efforts. If the District remained convinced they had not
used their best efforts, the administrative hearing process would be available. Ms. Kovach
inquired if the District had issued other permits using the “best efforts” clause terminology.
Mr. Bilenky responded that he was unaware of any. He further explained that the term
“best efforts” was used uniquely in this case because there are other variables in
existence, such as climatic conditions and the availability of water from the surface water
treatment plant. Mr. Heath explained the District has not issued any other permits with an
operations plan which is another unique feature of this feature.
Mr. Chance read a quote from Mr. Don Conn, the attorney for TBW, which Mr. Chance felt
indicated TBW has taken the position that “best efforts” is not enforceable because
Mr. Conn said the term is not a regulatory standard. Mr. Chance said he has a copy of the
DVD where Mr. Conn was talking about this issue if any Board member would like to
review it. Mr. Bilenky said he reviewed the DVD and surmised Mr. Conn made the
statements he did because Mr. Conn believes TBW will use their “best efforts” and avoid a
challenge. Mr. Bilenky said, if there is a future challenge, an administrative hearing would
ensue.
Mr. Heath presented the desalination facility payment and acceptance schedule, and the
interest income portions of the settlement agreement. (CD 1/Track 4– 00:00/26:18)
Chair McCree heard public comment on this item at this time.
Mr. Bob Blanchard, a resident of Dade City, said he was not addressing the Board to
recommend whether or not to accept the proposed settlement agreement. He said he
came to express his concerns about TBW. He has observed TBW’s actions for a long
time and does not believe them to have a solid record of performance.
Mr. Steven Morris, a resident of Odessa, said he is angry and feels betrayed by the
government. Mr. Morris said, based on Mr. Jerry Maxwell’s statement that the desal plant
would produce 25 million gallons per day (mgd) and Mr. Hearne’s legal opinion that the
District’s position was rock solid, why would the Board even consider the proposed
settlement agreement. He asked the Governing Board not to waiver and not to approve
the settlement agreement.
Ms. Eileen Hart, a resident of Odessa, said she feels due to the area’s growth and
development, we are losing too much water to runoff. Desalination and reuse are positive
water supply alternatives and she is not in favor of returning to the wellfields for water.
Ms. Denise Lane, representing the Coalition for Responsible Growth, and the land use
liaison for the Lutz Civic Association, does not feel the settlement agreement reaches the
District’s goals. She does not believe the term “best efforts” is legally defensible. She
said the promise was 25 million gallons per day (mgd) and she hopes the Board will not
settle for less.
Messrs. Rick Tschantz and Tony D’Aquila, representing the Hillsborough County
Environmental Protection Commission (EPC), discussed the issue of the OROP being
included in the proposed settlement agreement. They said the EPC feels including the
OROP in the funding agreement is unnecessary and will tie the member governments’
hands. (CD 1/Track 4– 26:18/48:18)
Mr. Hung Mai, Hillsborough River Basin Board member, said he was here today to ask the
Governing Board not to approve the settlement agreement. Mr. Mai said he was very
concerned that the 25 mgd was going to be needed to aid environmental recovery. He
said he felt it was important for TBW to keep to its promise and run the desalination plant
at 25 mgd year round. Mr. Mai said this will help test the water quality coming from the
January 24, 2006
Page 5 of 16
facility in different bay conditions. He said he believes the facility will become even more
important in the future.
Mr. Andy Smith, representing CoPower, said they strongly support alternative sources of
water and wish to encourage the future development of more sources. CoPower’s
concern is the inclusion of the OROP in the settlement agreement. He said that including
the OROP in the settlement agreement allows TBW to put budgetary concerns above
environmental concerns.
Mr. Joe Bourassa, a resident of Daytona Beach, presented hydrographs and asked the
Board to focus on current water conditions--not what conditions were in 2000. He said the
lakes and wellfields are at record levels and the Board should focus on potential flooding
issues.
At this time, consideration by the Board continued.
Mr. Haynes is concerned about the conditions listed in the agreement and about releasing
financial payments to a project that has had so many problems. Mr. Bilenky spoke about
the list of conditions included in the agreement, which are for acts of God and only for the
duration of the issue, which are usually included in contract language.
Ms. Closshey asked for clarification on two topics: how the OROP would help meet the
District’s environmental issues, and could budgetary concerns override the 90 mgd limit
from the wellfields. Mr. Heath said the settlement agreement stipulates that feedback data
and measurement tools will be made available every week to aid budgetary decisions and
contribute to keeping within pumping limits. Ms. Closshey asked Mr. Bilenky what would
happen if TBW ran the desalination plant for 14 consecutive days at 25 mgd and the
settlement agreement was not signed. Mr. Bilenky responded that the District would more
than likely litigate because TBW would request payment of the $85 million after 14 days of
consecutive production at 25 mgd (acceptance test). Mr. Bilenky said the District’s
position is that under the original funding agreement, as amended, there is no clear
definition of when payment would be due. Ms. Closshey asked Mr. Bilenky his opinion
about whether or not the Governing Board should pursue litigation, weighing the pros and
cons. Mr. Bilenky said it would be costly and time-consuming to litigate and, in this case,
the pros outweigh the cons in favor of accepting the settlement agreement. (CD 1/Track
4– 48:18/01:21:18)
Mr. Chance led a discussion regarding the original intent of the desalination facility and its
proposed operating levels. Mr. Chance quoted the projected associated cost to the
customers of the desalination facility in comparison to other counties’ public supply
customers and their costs. In conclusion, he said the desalination plant promises to
produce some of the region’s most reasonable water. Mr. Chance stated that, if the Board
votes in favor of the settlement agreement, they have not served the people of this region
well.
Ms. Whitehead asked if there is any proof that restricting pumping to 90 mgd and using
the desalination facility at 25 mgd will improve the environment more rapidly. Mr. Heath
said intuitively that would seem to be the case; however, the data does need to be
collected.
Ms. Symons said she did not understand why TBW changed the original agreement about
producing 25 mgd and could not support the settlement agreement. She reiterated
Mr. Chance’s comment that the agreement did not serve the people she represents well.
January 24, 2006
Page 6 of 16
Mr. Combee said he also could not support the acceptance of the settlement agreement
because he believes TBW should hold to the original agreement and produce 25 mgd,
especially given the relatively low cost to the customer in comparison to other southern
counties within the District.
Mr. Heath explained, in response to Ms. Symons’ question, as to why TBW has changed
the deal and no longer is promising to produce 25 mgd. He said that back in 1999 that
was the only alternative water source available to them in the foreseeable future. He said
now TBW has more options to work with and things have changed. (CD 1/Track 4–
01:21:18/01:45:23)
Mr. Pressman summed up his reasons for supporting the settlement agreement. He said
times have changed and the area is no longer in a serious drought period, and now there
are other water supply options to draw on. Mr. Pressman said this agreement holds in
place the 90 mgd limit and he is more comfortable with this arrangement than taking a
chance with litigation.
Mr. Rice said from a practical standpoint he feels both sides have worked out the best
deal they can and he does not see another viable alternative.
Mr. Dabney acknowledged that this is probably the most difficult decision he has faced in
his seven years as a Governing Board member and clearly remembers that the
desalination facility was billed as a 25 mgd facility and he is clearly disappointed at where
the situation stands today. Mr. Dabney asked Mr. Bilenky for clear direction on the
settlement agreement. Mr. Bilenky responded that he did not recommend litigation;
however, it was the Governing Board’s decision. Mr. Dabney said he was comfortable
that the settlement agreement called for a staged payment process so there is time to
discover any serious defaults with the facility that may arise.
Ms. Kovach said there was no doubt in her mind that if the desalination plant produced
25 mgd and groundwater pumping was reduced that this would benefit the wetlands. The
Governing Board unanimously voted to support a 25 mgd base desalination facility going
into the settlement negotiations and now we are settling for an 8 mgd to 12 mgd facility.
Ms. Kovach feels the District has made all of the concessions and is setting a tone for
future dealings with TBW that will result in litigation someday. She said she was opposed
to accepting the proposed settlement agreement and would rather have a judge’s ruling on
the original Partnership Agreement. Ms. Kovach commented on the OROP and she
hoped it would call for using all available surface water and desalinated water before
turning to groundwater sources.
Chair McCree stated that she was in favor of the Board’s acceptance of the settlement
agreement, and she is looking forward to moving on and working with TBW on other
projects. (CD 1/Track 4– 01:45:23/02:06:23)
Following lengthy debate and consideration, the Governing Board voted on the original
motion. Mr. Pressman moved, seconded by Mr. Rice, to approve the proposed
settlement agreement. The motion carried with seven votes in favor of accepting
the proposed settlement agreement and four opposed. Messrs. Chance and
Combee and Mesdames Kovach and Symons voted in opposition. (CD 1/Track 4–
02:06:23/02:12:23)
Board members expressed their appreciation to each other and to District staff for working
together on this difficult issue.
Chair McCree relinquished the gavel to Vice Chair Rice.
January 24, 2006
Page 7 of 16
85. Southern Water Use Caution Area Recovery Strategy
Mr. Richard S. Owen, Director, Planning Department, said the purpose of this agenda item
was to follow-up on Governing Board questions and any outstanding issues that arose at
the December 1, 2005 Governing Board meeting on the Southern Water Use Caution Area
(SWUCA) Recovery Strategy and associated rule revisions. Today’s discussion topics
included the Department of Environmental Protection’s (DEP) Letter of Appreciation,
Monitoring Network, Permitting Examples, Redirection of Reclaimed Water, Agricultural
Land Conversion, Open Discussion and Schedule.
A letter of appreciation has been sent to the Secretary of DEP expressing the Board’s
gratitude to its staff for their continued involvement and guidance in the SWUCA Recovery
Strategy process.
Mr. Owen noted that, during the December Governing Board SWUCA presentation, a
question arose regarding the total number of groundwater monitoring wells depicted on a
graphic. Included on that graphic were 131 upper Floridan aquifer monitor wells that have
either continuous recorders or are monitored on a monthly basis. In addition, not included
on the graphic, the U. S. Geological Survey monitors an additional 51 wells that
supplement the District's network and are used to produce potentiometric maps twice per
year. Finally, the District has a surficial aquifer monitor network in the SWUCA comprised
of 94 wells; these were also not depicted on the map.
It was requested that staff provide an example of how a new application for upper Floridan
groundwater would be handled. Mr. Heuer provided two examples: a row crop in Northeast
Manatee County, and a public supply in the Ridge Area.
Mr. Owen reviewed the concept of "redirection" of reclaimed water from existing reclaimed
water recipients. There are several mechanisms to address this issue for future reclaimed
water projects. These include the proposed SWUCA rule provisions regarding
groundwater replacement credits and contractual conditions on future reclaimed water
cooperative funding projects. As currently proposed, the groundwater replacement credit
will exist for only so long as the receiver maintains use of the reclaimed water. This
provides an incentive to the supplier, who may have new groundwater withdrawals
dependent upon the replacement credit, to continue to provide the reclaimed water to the
receiver.
Regarding Agricultural Land Use Conversion to Development, a question was asked at
December’s Governing Board meeting as to how much water is used by agriculture on a
per acre basis versus residential development. Mr. Owen provided two scenarios for this
question to use as examples. He said it was important to keep in mind there are many
variables that determine water use for both agriculture (type of crop, soil type, irrigation
system, depth to water table, etc.) and residential development (persons per household,
density, etc.).
Mr. Owen briefly reviewed written comments and responses staff has been preparing, in
particular those letters received from the Hillsborough County Environmental Protection
Commission and the Hillsborough County Water Resources Team. Some of the topics
that warrant some further consideration are monitoring, wholesale water purchases, and
mitigation of users potentially impacted by saltwater intrusion. Regarding a letter received
from the Florida Electric Power Coordinating Group, which implied it did not feel the
District has the statutory authority to regulate reclaimed water, Mr. Owen said the District’s
position is that the rules exempt reclaimed water but it does not mean the District does not
have the authority to regulate reclaimed water. Their concern is that reclaimed water and
seawater desalination are included in the definition of alternative supplies which is the
statutory definition, but the District does not mean to imply it would be requiring permits for
these sources. Mr. Owen said District staff will review this and provide some language
January 24, 2006
Page 8 of 16
clarification. Tampa Bay Water also submitted written comments and its primary concern
is that under the current rule the District is requiring that alternative sources be given
priority over groundwater sources in the SWUCA when a user has multiple sources. Other
comments were received from Schroeder-Manatee Ranch, Inc.; Polk County; Mosaic
Fertilizer, LLC; and Frank Diehl, et al. Regarding the letter received from Mosaic Fertilizer,
LLC, Mr. Owen said these are new issues that have just been brought up and staff will
need time to respond.
Mr. Owen said that no action is required this month. He said staff will incorporate changes
into the rules consistent with the Board's direction, and will return to the Board at the
February 2006 meeting with the revised Recovery Strategy document, rule, Statement of
Estimated Regulatory Costs, and additional economic analysis. (CD 1/Track 5 –
00:00/53:09)
86. Lake Hancock Lake Level Modification Project – Conceptual Environmental
Resource Permit
Mr. Mark A. Hammond, Director, Resource Management Department, noted that, in
October 2004, the Governing Board authorized staff to proceed with the preliminary design
and engineering to prepare a conceptual Environmental Resource Permit (ERP)
application for the Lake Hancock Lake Level Modification project with a target operating
level of up to 100 feet. Groundwater withdrawals in the Southern Water Use Caution Area
(SWUCA) have resulted in declines in aquifer levels throughout the SWUCA and
contribute to reduced flows in the upper Peace River. The Lake Hancock Lake Level
Modification project is critical in the District's strategies for meeting the minimum flows in
the upper Peace River. The goal of the project is to store water by raising the control
elevation of the existing outflow structure on Lake Hancock and to slowly release water
during the dry season to help meet the low flow requirements in the upper Peace River.
The Governing Board, and the Peace River, Alafia River, and Manasota Basin Boards are
funding this project.
This project is one of a series of projects being pursued to meet the proposed minimum
flows for the upper Peace River, which are 17 cubic feet per second (cfs) at Bartow, 27 cfs
at Fort Meade, and 45 cfs at Zolfo Springs. During the 30-year period from 1975 through
2004, flows in the upper Peace River were below the proposed minimum flows at Fort
Meade approximately 28 percent of the time. Preliminary results indicate that storing
water in Lake Hancock may recover up to approximately 50 percent of the minimum flows
for the upper Peace River, which includes accounting for approximately 25 cfs of sink
losses within the river.
At the September Committee meeting, staff outlined the major project considerations:
wetlands, water quality, private properties, City of Lakeland Cemetery, and Polk County
North Central Landfill (NCLF). If the lake level project is implemented, raising the lake
level is expected to result in a net benefit to wetland areas around the lake, in that more
areas would benefit from the increased level than would be impacted. Based on review of
the water quality data, the lake level project is not expected to cause or contribute to any
water quality degradation.
Much of the private properties that would be affected by the lake level project have already
been acquired. Staff continues to work with the owners of the remaining properties
meeting with the Jacque Lee Lane residents on October 13, 2005, and with the
Waterwood Subdivision residents on November 9, 2005. The meetings were to inform the
residents which properties would be affected by the lake level project and to update them
on the status of the project.
January 24, 2006
Page 9 of 16
Staff met with the City of Lakeland on December 14, 2005, to discuss the City Cemetery.
Based on the modeling efforts. It does not appear that the lake level project will adversely
affect the City of Lakeland Cemetery. However, staff continues to work with the Cemetery
to evaluate opportunities to enhance conveyance from the Cemetery, to improve the
Cemetery's existing flooding conditions.
Based on the modeling efforts and evaluation of the Landfill operations, staff believes the
issues associated with the NCLF can be addressed through the NCLF's groundwater
management system. Staff is working with the County to develop floodplain compensation
alternatives to address future expansion plans for the NCLF. Staff is also working with the
County regarding future wetland mitigation alternatives on nearby District-owned
properties to accommodate future expansion plans for the NCLF. The County has
proposed a Memorandum of Agreement (MOA) for the District and County to enter into
addressing the issues associated with the NCLF. Staff is reviewing the MOA and will
continue to work with the County during the conceptual permitting process. The goal is to
have these issues resolved by the time the conceptual ERP is issued. Ms. Closshey
asked what precautions are being taken when the lake level is raised so there will be no
water quality issues for the lake from the landfill. Mr. Hammond said the water table is
predicted to raise less than a quarter of inch in this area, and based on those figures, it is
very unlikely contamination would become an issue.
Staff has been meeting regularly with the Florida Department of Environmental Protection
(FDEP) in a series of pre-application meetings to address the various issues. Staff
anticipates submitting the conceptual ERP application by mid February 2006.
The project will continue to be in the planning and feasibility stage until such time as
construction is initiated. The project as presently envisioned is subject to changes
because of many factors including, but not limited to, areas of engineering, permitting, the
environment and costs.
Mr. Bilenky said there are certain land acquisitions the District is delaying because there is
a greenways project associated with the area, which authorizes the District to buy several
properties on one side of the lake. Other acquisitions would occur later in the project and
would be subject to Board approval.
Vice Chair Rice heard public comment at this time.
Commissioner Paul Senft, Polk County Board of County Commissioners, presented a
letter from the Board of County Commissioners. The letter refers to the landfill and its
importance to Polk County. The letter states the landfill has another 70 years of useful life.
The useful life of the landfill could be cut by 50 years from the Lake Hancock Lake Level
Modification Project and this would adversely impact the County. It was indicated that the
County could use District lands in the same basin. Commissioner Senft said, hopefully,
this issue can be resolved and a MOA can be presented. Polk County does not object to
District staff submitting the ERP application; however, the County requested the District
not submit the permit application until after the MOA is adopted by both sides. In order to
expedite the process, Commissioner Senft introduced Deputy County Manager Jim
Freeman. He said Mr. Freeman is the County’s point person.
Staff recommended to authorize staff to submit the conceptual ERP application, as
presented, to the FDEP and the U. S. Army Corps of Engineers to raise the control
elevation of the outflow structure on Lake Hancock to an elevation of 100 feet NGVD to
help meet the low flow requirements of the upper Peace River, upon reaching agreement
through a MOA with Polk County; and authorize staff to develop a MOA with Polk County
for the Lake Hancock Lake Level Modification Project.
January 24, 2006
Page 10 of 16
Following consideration, Ms. Closshey moved, seconded by Mr. Haynes, to approve
the staff recommendation. Motion carried unanimously. (CD 1/Track 6– 00:00/28:43)
Mr. Dane Rogers, representing himself and his family from Highlands City, addressed the
Governing Board to express his opposition to the District’s plans to move ahead with the
Project. Mr. Rogers said he and his family have plans to develop property and believe the
Lake Hancock Lake Level Modification Project will impact their property more than is
indicated in preliminary models. (CD 1/Track 7– 00:00/01:49)
Committee Reports
87. Regulation Committee
Consent Items
1. November 30, 2005 Committee Meeting Minutes
The Committee recommended approval of the minutes.
2. Board Policy Delegating Consent Order Approval Authority for Certain Types
of Water Use Permit Violations to the Executive Director
The Committee recommended approval of the draft Board Policy delegating authority
to the Executive Director to approve Consent Orders involving the non-submittal of
documents in Water Use Permit cases.
3. Approve Notice of Change for Chapter 40D-21, Florida Administrative Code
(F.A.C.), Water Shortage Plan
The Committee recommended approval of the “Notice of Change” for publication in
order to complete the rulemaking process to revise Chapter 40D-21, F.A.C.
4. Florida Department of Transportation – Quitclaim Deed for State Road 64
Project, Greenfield Plantation Conservation Easement
The Committee recommended approval of execution of the quitclaim deed by the
Governing Board Chair.
5. Initiation of Rulemaking to Amend Rules in 40D-4, F.A.C., and the Environmental
Resource Permitting Basis of Review to Revise Maps of Drainage Basins and
Watersheds
The Committee recommended approval of the final rule language and to authorize
staff to complete the rulemaking process to amend Rule 40D-4.091, F.A.C., and the
Environmental Resource Permit (ERP) Basis of Review to revise the Drainage Basin
map included as Appendix 6 to the ERP Basis of Review and the Regional Watershed
map included as Figure 1 in Appendix 4 to the ERP Basis of Review.
The Governing Board unanimously voted to approve Committee’s recommendations for
Consent Items 1 through 5.
Discussion Items
6. Florida Department of Transportation (FDOT) Mitigation Plan Approval
Mr. Rice asked whether FDOT was impacting wetlands on private property while
mitigation for those impacts was proposed on publicly owned lands. Staff responded
that most FDOT projects are road-widening projects that impact wetlands in existing
rights-of-way already owned by FDOT. The Committee recommended execution of
the quitclaim deed by the Governing Board Chair.
The Governing Board unanimously voted to approve the Committee’s recommendation
for Discussion Item 6.
January 24, 2006
Page 11 of 16
7. Water Production Summary Graphics
This item was presented for the Committee’s information, and no action was required.
8. Agreement with U. S. Department of Agriculture Natural Resources Conservation
Service for Agricultural Ground and Surface Water Management Technical
Assistance
9. Approval of Marion County Well Construction Permitting Delegation Agreement
and Initiation of Rulemaking to Amend Rule 40D-1.002(3), F.A.C., to Incorporate
the Agreement by Reference
The Committee recommended to (a) approve the Marion County delegation
agreement; (b) authorize the initiation of rulemaking to amend Rule 40D-1.002(3),
F.A.C., to incorporate the delegation agreement by reference; and (c) approve the
Marion County well permitting fee schedule.
10. Environmental Resource Permitting Water Quality Criteria
(CD 1/Track 7– 01:49/06:18)
Routine Reports
Routine Reports items 11 through 15 were provided in the Board packet.
11. Demand Management Activities
12. Litigation Report – Regulatory Issues
13. Overpumpage Activities
14. Rulemaking Update
15. Southern Water Use Caution Area Quantities
16. February Committee Meeting Agenda
Consent Item
• Approval of Minutes - January 24, 2006, Committee Meeting
Discussion Items
• Water Production Summary Graphics
• Interagency Transfer: Toho Agreement
Routine Reports
• Demand Management Activities
• Litigation Report – Regulatory Issues
• Overpumpage Activities
• Rulemaking Update
• Southern Water Use Caution Area Quantities
• Water Production Summary Graphics
• March Committee Meeting Agenda
88. Resource Management and Development Committee
Consent Items
17. Approval of Minutes - November 30, 2005 Committee Meeting
18. Facilitating Agricultural Resource Management Systems Institute of Food and
Agricultural Sciences (IFAS) Best Management Practices for Flatwood Citrus
The Committee recommended approval of the project with IFAS for the
Implementation of Flatwood Citrus BMPs for $50,000 per year for three years (total
January 24, 2006
Page 12 of 16
project cost $150,000); and authorization to transfer $50,000 for fiscal year 2006 from
H017, the FARMS Program, to H528 IFAS – Implementation of Flatwood Citrus BMPs.
19. Resolution Requesting Encumbrance of Fiscal Year 2006 Budgeted Funds from
the Water Management Lands Trust Fund for Preacquisition; Management,
Maintenance and Capital Improvements; and Payments in Lieu of Taxes
The Committee recommended approval of Resolution Requesting Encumbrance of
Fiscal Year 2006 Budgeted Funds from the Water Management Lands Trust Fund for
Preacquisition; Management, Maintenance and Capital Improvements; and Payments
in Lieu of Taxes in the amount of $18,583,352 and authorization of staff to request
quarterly reimbursements for the fiscal year not to exceed $18,583,352.
20. Partnership Agreement with Natural Resources Conservation Service – Shinn
Ditch within Flying Eagle Project
The Committee recommended approval of the Option Agreement to Purchase and
Restoration Cost-Share Agreement with NRCS for easement acquisition and
restoration, subject to the Office of General Counsel’s review, and authorization of the
Executive Director to execute the final agreements.
21. Presented to Alafia River Basin Board in December - Management Agreement –
Circle B Bar Reserve, SWF Parcel No. 20-503-104X
The Committee recommended approval of the Circle B Bar Reserve Management
Agreement, SWF Parcel No. 20-503-104X, and authorization of the Executive Director
to execute the license.
22. Presented to Alafia River Basin Board in December - Management Agreement –
Alafia River Reserve, SWF Parcel No. 20-503-104X
The Committee recommended approval of the Alafia River Reserve Management
Agreement, SWF Parcel No. 20-503-104X, and authorization of the Executive Director
to execute the license.
23. Presented to Hillsborough River Basin Board in December - Non-Exclusive
License Agreement to Bay City Flyers, Inc. – Conner Preserve, SWF Parcel
No. 13-704-102X
The Committee recommended approval of the non-exclusive license agreement with
Bay City Flyers, Inc. for SWF Parcel No. 13-704-102X and authorization of the
Executive Director to execute the license.
24. Presented to Withlacoochee River Basin Board in December - Pasco High
School Cattle Grazing Lease – Green Swamp West, SWF Parcel No. 19-706-117X
The Committee recommended approval of cattle grazing lease agreement with Pasco
High School for SWF Parcel No.19-706-117X.
The Governing Board unanimously voted to approve the Committee’s recommendations
for Consent Items 17 through 24.
Discussion Items
25. District Funding of Brackish Ground Water Supplies from the Upper Floridan
Aquifer
The Committee recommends the Governing Board recognize the memorandum as its
position on funding Brackish Ground Water from the Upper Floridan Aquifer.
The Committee did not take action on this item and recommended that it be brought
back before the full Board at a later date.
January 24, 2006
Page 13 of 16
26. Upper Myakka Watershed Activities
27. Water Control Structure and Emergency Operations
28. Basin Board Land Resources Committee and Public Land Acquisition and
Management Conference Update
Due to time constraints, this item was deferred to a future Committee meeting.
(CD 1/Track 8– 00:00/06:18)
Routine Reports
29. Significant Water Supply and Resource Development Projects
30. Florida Forever Status Report
31. Land Resources Department Significant Activities
32. Minimum Flows and Levels Status Report
33. Hydrologic Conditions Report
34. Structure Operations Status Report
• Approval of the Minutes - January 24, 2006 Committee Meeting
• Basin Board Land Resources Committee and Public Land Acquisition and
Management Conference Update
• Upper Myakka Watershed Activities
• Routine Reports
• Development of the March Committee Meeting Agenda
89. Finance and Administration Committee
Consent Items
36. November 30, 2005 Committee Minutes
37. Consent Transfer Report
The Committee recommended the Governing Board approve the November and
December 2005 Consent Transfer Reports.
38. Board Travel
As of January 11, 2006, no travel outside the geographic boundaries of the District
was scheduled.
39. Planned Purchase of a Server and Associated Storage for the Water
Management Information System Initiative from the Computer Sinking Fund
The Committee recommended to transfer $263,000 from the Computer Sinking Fund
for the purchase of an HP 7420 Server and an HP Storage Area Network expansion.
Funds were allocated in the Sinking Fund for Water Management Information System
(WMIS) core hardware processing requirements that are consistent with information
presented to the Board in April 2005 and the District budget.
The Governing Board unanimously approved the Committee’s recommendations for
Consent Items 36 through 39.
January 24, 2006
Page 14 of 16
Discussion Items
40. Inspector General’s Update - Enforcement of Water Use Permits Audit Six-Month
Progress Report
The Committee recommended acceptance of the report by the Governing Board.
41. Inspector General’s Update - Information Resources Department (IRD)
Organizational Study Six-Month Progress Report
The Committee recommended acceptance of the report by the Governing Board.
42. Market Forces Status Report
The Committee recommended to approve a transfer of $100,000 from General Fund
Contingency Reserves for the purpose of conducting a compensation and benefits
review, along with a review and plan to modify the District’s 457 deferred
compensation plan; and to contract with Mercer Human Resources Consulting through
the state contract.
43. Handicapped Accessibility to District Lands
This item was presented for the Committee's information, and no action was required.
44. Fiscal Year 2006 First Quarter Financial Report
The Committee received updates on the following two items:
Mileage Reimbursement
Committee members were provided a copy of the vehicle usage memorandum sent to all
staff to remind them fleet vehicles are available and should be used whenever possible. A
private rental car contract is being put into place to provide additional vehicles as
necessary. The Executive Office of the Governor advises that the Governor’s budget is
due in early February and will address the Governor’s recommendation for a change in
mileage and per diem. Staff will report on this issue at the February Committee meeting.
Video Production Quality
There is a budgeted digital upgrade to replace all the remaining 1991 audio-visual
technology in the Brooksville office starting in April 2006 and to be completed by June
2006. Further, video staff and General Services are reviewing lighting placement in
Sarasota and Bartow to maximize production qualities.
Routine Reports
Routine Reports items 45 and 46 were provided in the Board packet.
45. Litigation Report – Non-Regulatory Issues
46. Treasurer's Report, Payment Register and Contingency Reserves Report
47. February Committee Meeting Agenda (CD 1/Track 8– 06:18/15:08)
• Approval of Minutes - January 24, 2006 Committee Meeting
• Mileage Reimbursement
January 24, 2006
Page 15 of 16
• Routine Reports
Litigation Report – Non-Regulatory Issues
Treasurer's Report, Payment Register and Contingency Reserves Report
90. Outreach and Planning Committee
Consent Items
48. Approval of the Minutes – November 30, 2005
The Governing Board unanimously approved the Committee’s recommendation for
Consent Item 48.
Discussion Items
49. Florida-Friendly Media Messaging
50. Office of Program Policy Analysis and Government Accountability (OPPAGA)
Boundaries Study Status Report
51. First Consolidated Water Management District Annual Report
52. Legislative Update
(CD 1/Track 8– 15:08/23:23)
Routine Reports
53. Update of Broadcasting Governing Board Meetings Districtwide
54. Review of Local Government Comprehensive Plan Amendments
55. Review of Developments of Regional Impact
56. Upcoming Events
• Approval of the Minutes - January 24, 2006 Committee Meeting
• Consolidated Annual Report – Final Document
• Legislative Update
• Routine Reports
Chair’s Agenda
91. Advisory Committee Liaison Reports – Industrial and Public Supply
Ms. Whitehead provided a brief report of the December 13, 2005 Environmental Advisory
Committee. She said it was a productive meeting, and the main topics discussed were
committee membership, representation, and attendance.
Mr. Combee said he and Mr. Moore attended a meeting with the Wedgeworth Leadership
Institute from the University of Florida where Mr. Moore presented the District’s current
activities.
January 24, 2006
Page 16 of 16
Ms. Closshey presented a report on the Industrial Advisory Committee meeting that was
held on January 17, 2006. Ms. Closshey said Mr. Owen presented an update for the
Committee on the SWUCA Recovery Strategy. Dr. Marty Kelly of District staff presented
the minimum flows and levels for the Middle Peace River. The Committee also received
an update on the Regional Water Supply Plan.
Mr. Pressman presented a report on the Public Supply Advisory Committee, which met on
January 20, 2006. Mr. Pressman said the meeting was well attended, and the Committee
received a report from Tampa Bay Water regarding the area’s surface water treatment
plant and other water supply systems.
92. January 10, 2006 Governing Board Workshop Follow-up
Chair McCree thanked the Board members for attending the Workshop. She noted that
draft minutes from the meeting are being reviewed.
93. Revisions to Board Policy 110-2 Legislative Coordination
Following consideration, Ms. Closshey moved, seconded by Ms. Symons, to approve
the revisions to Board Policy 110-2, Legislative Coordination. Motion carried
unanimously.
94. Events Attendance
Chair McCree said on March 1, 2006, all of the Water Management Districts will be
meeting with the Secretary of DEP. She said that Governor Bush is expected to attend;
therefore, the meeting has been moved to Tallahassee.
95. Other Items
Ms. Kovach requested a letter be sent to Congresswoman Katherine Harris expressing the
Governing Board’s heartfelt sympathy on the passing of her father. Ms. Kovach also
requested a letter of recognition be sent to Mr. Pat Lehman, Executive Director of the
Peace River/Manasota Regional Water Supply Authority, for his continued leadership role.
Public Input
No requests to speak were submitted.
There being no further business to come before the Board, Mr. Haynes moved, seconded by
Ms. Kovach, to adjourn the meeting. Motion carried unanimously.
The meeting was adjourned at 5:37 p.m. (CD 1/Track 8– 23:23/35:53)
The Southwest Florida Water Management District does not discriminate upon the basis of any individual's disability
status. This non-discrimination policy involves every aspect of the District's functions including one's access to,
participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation,
as provided for in the Americans with Disabilities Act, should contact the Executive Department, telephone 1-800423-1476 (Florida only), extension 4604; TDD ONLY 1-800-231-6108 (Florida only); FAX 352-754-6874.
FIRST AMENDMENT TO
WELL CONSTRUCTION PERMITTING AGREEMENT
BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
SARASOTA COUNTY, FLORIDA
THIS AMENDMENT is made by and between the SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT, a public corporation, hereinafter referred to as "the
DISTRICT", and SARASOTA COUNTY, FLORIDA, a political subdivision of the State of
Florida, hereinafter referred to as "SARASOTA".
WHEREAS, the DISTRICT and SARASOTA entered into the WELL
CONSTRUCTION PERMITTING AGREEMENT BETWEEN THE SOUTHWEST
FLORIDA WATER MANAGEMENT DISTRICT AND SARASOTA COUNTY, FLORIDA
(Agreement) for the administration and enforcement of rules and regulations governing
water wells set forth in Part III, Chapter 373, Florida Statutes (F.S.), and Chapters 40D3, 62-524, 62-531, 62-532 and 62-555, Florida Administrative Code (F.A.C.), which
Agreement is effective through May 31, 2010; and
WHEREAS, the DISTRICT and SARASOTA desire to modify paragraph 29 of
that Agreement, as described below; and
WHEREAS, the DISTRICT and SARASOTA desire all other terms and conditions
of the Agreement to continue unchanged; and
THEREFORE, based upon the mutual consideration contained in this Amended
Agreement, the parties hereby agree as follows:
Paragraph 29 of the Agreement is amended to state:
29. SARASOTA may further delegate its authority under this agreement to the
Sarasota County Health Department. However, SARASOTA may not delegate its
authority under this agreement to any entity other than the Sarasota County Health
Department, and SARASOTA remains responsible for fulfilling the terms of this
Agreement.
All other terms and conditions of the Agreement remain in full force and effect.
1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year as indicated below.
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
Approved as to Legal Form and
Content
_____________________________
Attorney
By:_________________________
Attest:_________________________
(Seal)
Filed this ______ day of
_________________ 2006.
_________________________
Deputy Agency Clerk
BOARD OF COUNTY COMMISSIONERS
OF SARASOTA COUNTY, FLORIDA
By: _____________________________
CHAIRMAN, PAUL MERCIER
DATE: ____________________________
ATTEST:
KAREN E. RUSHING, Clerk
of the Circuit Court and
Ex-Officio Clerk of the
Board of COUNTY Commissioners
BY: ___________________
DEPUTY CLERK
Approved as to form and correctness:
BY:
_______________________
COUNTY ATTORNEY
2
Consent Agenda
EXHIBIT 28
Presented to the Alafia River Basin Board
in December –
Plan for Use and Management of the
Alafia River Preserve
Please remove this page and insert exhibit.
Consent Agenda
EXHIBIT 31
Annual Water Management District
Consolidated Report – Final Document
3Resource Conservation & Data
8107 Grant - Agriculture
6Operations
3401 Other Contractual Services
5Resource Management
3111 Consultant Services
4Technical Services
3402 Aquatic Plant Management Svc
0General Services
4602 Maint/Repair Bldgs Structures
4Technical Services
3431 Contracted Construction
3
4
3413 Photogrammetry
7Land Resources
4601 Maint/Repair Equipment
2
Finance Director Approved
1 4Technical Services
4
Mansota Basin:
3 7Land Resources
6403 Equipment - Outside
4Records and Data
Executive Director Approved
General Fund:
1 4Records and Data
1201 Regular Salaries and Wages
3432 Well Construction
5Resource Conservation & Dev.
Peace River Basin:
2 5Resource Conservation & Dev.
2
--- TRANSFERRED TO --Department /
Expenditure Category
Basin Board Approved
Hillsborough River Basin:
1 5Resource Management
--- TRANSFERRED FROM --Item Department /
No.
$
$
$
Transfer of budgeted funds to the appropriate expenditure category for aquatic plant
management on Rutland Ranch FDOT mitigation project.
Transfer of budgeted funds to the appropriate section to complete digital processing of the
LiDAR aerial topographic data for the Rutland Ranch/Lake Manatee Save Our Rivers
project.
Transfer of budgeted funds to the appropriate department for maintenance of radio
equipment.
Transfer of budgeted funds to the appropriate department and project code to complete
digital processing of LiDAR aerial topographic data for the Florida Department of
Transportation (FDOT) Hampton Tract proposed mitigation project.
$
Transfer of funds originally budgeted for FARMS projects. The funds were required to
purchase data logging equipment for water quality testing in support of FARMS in the Upper
Myakka River Watershed.
Total Executive Director Approved $
Transfer of funds originally budgeted to outsource the preparation of the Little Manatee
River property management plan. The plan will be written in-house. The funds were needed
to replace a stolen portalet at Lake Manatee Reserve.
Transfer of funds originally budgeted for contracted well construction services. Funds are
available due to delays in site acquisitions and construction. The funds are required to cover
the cost, in excess of the insurance reimbursement, to replace a stolen generator used for
Aquifer Performance Tests (APTs) on Regional Observation Monitor Well Program (ROMP)
sites. Insurance reimbursement was $13,225.
Transfer of funds originally budgeted for staff salaries and benefits, and now available due
to vacancies in department. The funds are required to contract for temporary office
assistance to assist in covering for two of the vacancies.
Total Basin Board Approved
Transfer of budgeted funds to the appropriate project code for Facilitating Agricultural
Resource Management Systems (FARMS), Peace River Citrus, L.L.C. Project.
Transfer of budgeted funds for general habitat restoration in Tampa Bay to the appropriate
project code for the Surface Water Improvement and Management (SWIM) Reed Property
construction project.
Reason For Transfer
Budget Transfer Report
Month Ended January 31, 2006
2,600
25,000
7,622
64,000
42,289
17,885
1,800
12,604
10,000
83,884
8,884
75,000
Transfer
Amount
5Resource Conservation & Dev.
1401 Overtime
2101 FICA
2201 Retirement
2301 Group Insurance
3406 Contracted Well Capping
3411 Cooperative Program - USGS
4002 Travel - Staff Duties
4003 Travel - Training
4121 Telephone and Communications
4404 Rental of Other Equipment
4405 Central Garage Charges
5101 Office Supplies
5201 Parts and Supplies
5221 Equipment - Non-Capital Outlay
8101 Grant - Financial Assistance
9
Transfer of budgeted funds to the appropriate department for development of GIS tools for
watershed management program. The tools will be used and tested by District consultant in
watershed management efforts underway in Sarasota County. Once developed, the tools
will be used as part of the watershed management program.
100,000
80,596
This report identifies transfers made during the month that did not require advance Governing Board approval. These transfers have been approved by either the Basin Boards, Executive Director, or Finance Director consistent with
Board Policy number 130-8, and are presented for Governing Board approval on the consent agenda. All Basin transfers are made based on Basin Board authority and are presented to the Governing Board via this report for ratification
or approval. Executive Director approved transfers are made for a purpose other than the original budget intent, but are limited to individual transfer amounts of $50,000 or less. Finance Director approved transfers are accounting type
transfers with no change to the original budget intent.
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
$ 12,122,929
8
Transfer of unused budgeted SWIM funds to the appropriate department for SWIM
McIntosh Park Water Quality/Wetland Enhancement construction project.
100,000
Total Transfers for Governing Board Approval
6Operations
7
Transfer of budgeted funds to the appropriate project code for ASR Pretreatment
Investigation project.
447,612
Transfer
Amount
11,169,326
1,189,351
71,399
89,612
139,145
131,505
132,342
136,200
30,000
50,000
1,568,881
10,831
5,600
10,425
32,203
14,650
12,925
2,450
356,067
4,200
610,967
996,891
5,573,773
$ 11,996,756
6
Transfer of budgeted funds to the appropriate project code for FARMS, Hancock Grove
project.
Reason For Transfer
Transfer of budgeted funds associated with the establishment of the new Resource
Conservation and Data Department, previously budgeted as the Resource Data Section of
1401 Overtime
the Resource Conservation and Development Department.
2101 FICA
2201 Retirement
2301 Group Insurance
3406 Contracted Well Capping
3411 Cooperative Program - USGS
4002 Travel - Staff Duties
4003 Travel - Training
4121 Telephone and Communications
4405 Central Garage Charges
5101 Office Supplies
5221 Equipment - Non-Capital Outlay
8101 Grant - Financial Assistance
Total Finance Director Approved
--- TRANSFERRED TO --Department /
5
--- TRANSFERRED FROM --Item Department /
No.
Budget Transfer Report
Month Ended January 31, 2006
Discussion Agenda
35. Items Removed from Consent Agenda for Discussion ................................................. 2
36. Significant Rainfall Event of February 3-4, 2006 ......................(10 minutes) ............... 2
37. Lake Hancock Outfall Treatment Project – Review of
the Old Florida Plantation Acquisition ..................................... (20 minutes)................ 2
38. Lake Hancock Outfall Treatment Project - Selection
of Treatment System ............................................................... (60 minutes)................ 4
39. Southern Water Use Caution Area Recovery Strategy ........... (90 minutes)................ 6
40. Myakka River Watershed Initiative .......................................... (25 minutes)................ 7
41. Peace River Cumulative Impact Assessment Study
Update ..................................................................................... (20 minutes)................ 8
42. 2004 Hurricane Debris Removal Efforts – Final
Report ...................................................................................... (20 minutes)................ 9
43. Legislative Update ................................................................... (20 minutes)................ 10
Discussion Agenda
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35. Items Removed from Consent Agenda for Discussion
Governing Board members may pull any item from the Consent Agenda for discussion
purposes. The item(s) will be discussed during the first part of the Discussion Agenda.
36. Significant Rainfall Event of February 3-4, 2006
Heavy rainfall associated with a cold front that became stationary north of Tampa Bay fell
across the District Friday, February 3 though Saturday, February 4. As much as 16 inches of
rain was reported in Pinellas County, where widespread street flooding and structure damage
was reported. Tampa International Airport reported the fourth-heaviest one-day rainfall
accumulation in 115 years of record, 8.29 inches. Regionally, 3.61 inches of rainfall was
received in the northern region of the District, 4.58 inches in the central region, and 2.32
inches in the southern region.
As a result of this rainfall, the District’s Structure Operations Section began operating
structures at 11:30 on Friday morning, and continued operations for around 30 hours.
Structures operated included the Tampa Bypass Canal, Lake Tarpon Outfall Canal, and the
Inglis Dam. No major problems associated with our structures were reported.
This abnormally-high rainfall event follows a drying trend in conditions throughout the District,
and helped to boost water levels in the Tsala-Apopka chain of lakes that were beginning to fall
into the below normal range. Saddlebag Lake in Polk County that had experienced major
flooding last summer did not experience any problems due to levels lowered by pumping and
recent dry weather.
This information is for the Board's information and no action is required.
Presenter: Granville Kinsman, Manager, Hydrologic Data Section
37. Lake Hancock Outfall Treatment Project – Review of the Old Florida Plantation
Acquisition
Purpose
The purpose of this presentation is to provide the Governing Board a status report on the Old
Florida Plantation property. This item is presented for the board’s information only and no
action is required.
Background
The Lake Hancock projects are critical in the District's strategies for meeting the minimum
flows in the Upper Peace River, improving water quality in the Peace River, and protecting
Charlotte Harbor, an estuary of national significance. The goal of the Lake Hancock Outfall
Treatment Project is to improve water quality discharging from Lake Hancock through Saddle
Creek to the Peace River. Historical data has shown that the Saddle Creek drainage basin,
one of nine sub-basins in the Peace River Watershed, contributes approximately 6 percent of
the total flow of the Peace River, yet contributes approximately 13 percent of the watershed’s
total annual nitrogen load. Nitrogen has been identified as the primary target nutrient in
restoring water quality in the Peace River and preventing degradation of Charlotte Harbor, a
Surface Water Improvement and Management priority water body. The Peace River
ecosystem routinely suffers from algae blooms during periods of low flows and warm weather.
These events not only affect the fish and wildlife associated directly with the river and estuary,
but also affect the region’s largest potable surface water supply system, operated by the
Peace River/Manasota Regional Water Supply Authority. Many of the basins along the Peace
River, including Lake Hancock, have been identified by the Florida Department of
Environmental Protection as impaired under the Clean Water Act, requiring Total Maximum
Daily Loads be established. Furthermore, nitrogen loads have been predicted to increase
significantly over the next 20 years as a result of growth. Water quality treatment of
Discussion Agenda
-3-
discharges from Lake Hancock has been identified as the most cost effective means of
reducing nitrogen loads to the Peace River and Charlotte Harbor.
Staff has provided several presentations to the Basin Board and Governing Board regarding
the Lake Hancock Outfall Treatment project, including presentations at the June, August, and
November 2005 Resource Management and Development Committee meetings. At the
November 2005 meeting, the Committee raised questions regarding the use of the Old Florida
Plantation (OFP) property for the project, including the value of the property used for cost
comparison of the treatment technologies. The Committee asked staff to include a discussion
on the purchase of the OFP property and that the presentation be made to the full Board.
Status Report on the OFP Property
The Committee's questions related to the OFP property focused on land values and how the
proposed treatment systems might affect the District's ability to surplus land. Specifically,
land values based on the original purchase price for the OFP property were used in estimating
the capital costs for the various treatment technologies. The Committee requested that staff
provide a current land value for the OFP property and adjust the associated capital costs
accordingly. The Committee also questioned how the proposed treatment technologies and
their associated land requirements might affect surplus acreage and/or the future ability to
effectively market the Development of Regional Impact (DRI) that exists on the OFP property.
The Committee asked that a new appraisal be conducted. The appraisal is being conducted
and the information will be presented at the February Governing Board meeting. In addition to
the issue of land values, there were several questions asked and points made during the
discussion that indicated it would be beneficial to review the purpose behind the original OFP
purchase and the status of the DRI.
The Board approved the purchase/sale agreement to acquire the OFP property on October
28, 2003 at a cost of $30.5 million for 3,536 acres, an aggregated cost of $8,625 per acre.
The Board recognized that a number of benefits could result from the acquisition of this
property. The primary reason for purchase was to protect an important conservation corridor
as identified in the District's land acquisition plan that specifically identified the Upper Peace
River Corridor in 1996 and Lake Hancock project (addition to the Upper Peace River Corridor)
in 1999 for acquisition. These projects were subsequently included in the original Florida
Forever Work Plan approved by the Board in 2001. The OFP property is a significant and
integral piece of a potential, extensive corridor along the Peace River and connecting to the
Green Swamp. Other potential benefits of the purchase were associated with the Southern
Water Use Caution Area recovery strategy, where a portion of the property may be inundated
through a lake level modification and water quality would be enhanced through a surface
water treatment system. These proposed projects would increase the minimum flows and
levels and improve water quality in the Upper Peace River. Because the owners were only
willing to sell the entire parcel rather than the portion of their land that was contained within
the District’s conservation corridor project, the Board recognized that a portion of the property
could be eligible for future surplus.
At the time the Board approved the purchase of OFP, it was estimated that 1,296 acres could
be available for surplus. The proposed lake level modification and outfall treatment projects
have been through a number of iterations and boundary refinement, but the area originally
identified for potential surplus remains available, even with the treatment technology that
utilizes the most land.
There is an approved DRI on the OFP property that offers an alternative approach in seeking
a return on investment aside from a simple sales package of raw acreage. That approach
would be to maintain and/or modify the DRI so that it remains marketable while allowing the
construction and maintenance of potential District projects. During the presentation, staff will
provide the Board with an update on steps that have been taken to maintain the existing DRI
approvals as well as future issues to address its continued viability and possible
enhancement.
Discussion Agenda
-4-
Presenter:
Fritz H. Musselmann, Director, Land Resources Department
38. Lake Hancock Outfall Treatment Project - Selection of Treatment System
Purpose
The purpose of this presentation is to provide the Governing Board a review of the evaluation
of the treatment technologies for the Lake Hancock Outfall Treatment project. As an action
item, staff is recommending the Board adopt a nitrogen load reduction goal for the project and
a treatment technology to achieve the goal.
Background
In December 2003, the District entered into an agreement with Parsons Water and
Infrastructure, Inc., for consulting services for the Lake Hancock Outfall Treatment Project.
Funding was included in the Peace River Basin Board's fiscal year 2003 and 2004 budgets
from the Florida Forever Program for the project. Work commenced in February 2004 with
issuance of the first work order to the District’s consultant. The project involves five tasks:
(1) Research, Monitoring and Data Acquisition; (2) Feasibility Study into treatment
technologies; (3) Design and Permitting; (4) Construction; and (5) System Start-up and
Operation. Task 1 will provide information necessary for evaluation of various treatment
technologies and for design of the selected full-scale treatment system. Task 2, Feasibility
Study, involves two elements: a) evaluation of applicable treatment technologies and ranking
based on expected performance, cost, and other factors; and b) optional pilot testing of
selected treatment technology(ies). Task 3 involves design and permitting of the selected
treatment system and includes preparing construction plans and specifications. Staff will seek
approval from the Board of the selected treatment system prior to initiating Task 3. Task 4
involves procuring a contractor through the competitive bid process for construction of the
treatment system. Task 5 involves treatment system start-up and optimization of system
performance to achieve target nutrient removal. The District is responsible for long-term
operation and maintenance. The consultant has completed Task 1, Research, Monitoring and
Data Acquisition, and the first element of Task 2, Feasibility Study, to evaluate applicable
treatment technologies.
Load Reduction Goal for the Project
The District’s consultant was directed to evaluate treatment systems to reduce nitrogen loads
to the upper Peace River by 27 and 45 percent. A system that would reduce the loads by
27 percent is considered the minimum size facility and is based on treating the flows at a
capacity needed to meet the proposed minimum flows in the upper Peace River. A system
that would reduce loads by 45 percent is considered the maximum size facility that is practical
based on historic flows and treatment efficiencies. Based on a review of historic water quality
data for the lake and upper Peace River, and the projected removal efficiencies for the 27 and
45 percent treatment systems the projected water quality improvements (benefits) to the
upper Peace River do not justify (cost) going to the 45 percent treatment system. Both are
predicted to improve water quality in the upper Peace River from poor to fair. Further, the 27
percent system appears capable of improving the quality of the water discharging from Lake
Hancock to historic conditions. A 27 percent load reduction goal is expected to offset the load
increases projected to occur over the next 19 years to Charlotte Harbor from the Peace River
Basin, while a 45 percent load reduction goal could offset the load increases over the next 32
years. Costs for a 45 percent treatment system are significantly greater than for a 27 percent
system for all treatment technologies. Based on benefits to the resource combined with cost
considerations, the most reasonable project goal is a system to reduce nitrogen loads by
approximately 27 percent.
Evaluation of Treatment Technologies
The District's consultant evaluated eight treatment technologies to meet the load reduction
goals and they include: dissolved air flotation with and without filtration, sedimentation basins
Discussion Agenda
-5-
with and without filtration, sedimentation ponds, microscreens, Water Hyacinth ScrubberTM
system, and treatment wetlands. The evaluation involved quantitative criteria such as cost
effectiveness and treatment efficiency, and qualitative criteria such as track record,
operational simplicity, permitting, wildlife habitat, water storage, and recreation. The complete
evaluation of all criteria for the eight technologies is contained in the Alternative Treatment
Technologies Evaluation submitted to the Board in November 2005.
The consultant's evaluation found that the Water Hyacinth ScrubberTM system, and treatment
wetlands were most cost-effective as compared to the other six treatment technologies. The
present worth costs for the different treatment technologies included costs with and without
land. However, the land costs were based on the purchase price of the land when the District
acquired the properties. At the November 2005 meeting, the Committee asked staff to update
the land costs based on new appraisals. As the final appraisal information was not available
at the time of this summary, staff will present the updated cost estimates at the February
Board meeting.
Comparison of Systems
One of the more critical elements of the consultant’s evaluation, and one that is difficult to
quantify was the qualitative evaluation, including risk, between the Water Hyacinth ScrubberTM
system and the treatment wetlands. Treatment wetlands have a long and well-documented
track record as compared to the hyacinth systems and therefore the hyacinth systems are
viewed as having greater risk. Currently there are approximately 45,000 acres of treatment
wetlands operating in Florida including systems of comparable size or larger than the size that
would be required for this project. Additionally, treatment wetlands of comparable size have
been successfully operated for more than 20 years, such as the 1,200-acre Orlando Easterly
system. Currently there are no hyacinth systems operating in Florida and those that were
constructed are no longer in operation. The largest system implemented was 30 acres in
size, operated at a capacity of less than 10 cubic feet per second (cfs) and was in operation
for three years before being abandoned.
Another important factor between the treatment wetlands and the hyacinth systems is
operational simplicity. The hyacinth systems are more intensively managed requiring frequent
harvesting of plant biomass. In contrast, most of the nitrogen removal in a treatment wetland
occurs via transformation of nitrogen into harmless atmospheric gases and therefore solids
accumulation rates in treatment wetlands are significantly less, requiring attention less
frequently. As a result, the hyacinth systems have a higher recurring annual operation and
maintenance cost.
Water storage, wildlife habitat, recreation, and land requirements were also assessed. The
treatment wetlands due to the size could be used for short-term water storage that could be
utilized to better manage the water resources associated with Lake Hancock. The hyacinth
systems, due to the smaller size do not have the same water storage potential. The treatment
wetlands also offer greater wildlife habitat and recreational benefits and opportunities as
compared to the hyacinth systems. Land requirements for the treatment technologies are
important considerations given recent trends in land value. A benefit of a hyacinth system is a
significantly smaller footprint than a treatment wetland.
As part of the evaluation, the District's consultant and staff contacted the South Florida Water
Management District (SFWMD) to obtain information on their activities associated with
treatment wetlands and a demonstration scale hyacinth system (see below for details). The
SFWMD has approximately 40,000 acres of treatment wetlands associated with the
Everglades, and no water hyacinth systems currently being utilized for water quality
enhancement. The SFWMD is planning and constructing additional treatment wetlands
including constructing a 118-acre and 773-acre treatment wetlands for the Taylor
Creek/Nubbin Slough Basin of the Lake Okeechobee watershed. They are nearing
completion of design of an additional 500-acre treatment wetland and are planning a 2,700acre treatment wetland to treat water from the same basin.
Discussion Agenda
-6-
The SFWMD sponsored a demonstration scale combination Water Hyacinth ScrubberTM –
Agal Turf ScrubberTM (ATSTM) in the Lake Okeechobee watershed from January 2003 to
October 2004. More recently, the SFWMD is finalizing a contract for the design and
construction of a 4-acre ATSTM demonstration-scale project in the Taylor Creek/Nubbin
Slough Basin that is anticipated to be operating by the end of 2006. The Agal Turf Scrubber
proposed for the Taylor Creek/Nubbin Slough Basin uses a different technology than the
Water Hyacinth Scrubber technology, which was evaluated in the District's consultant's report.
A significant element of SFWMD's interest in this technology is that it provides them with a
treatment option for areas where there is limited land available for the more conventional
wetland treatment systems. In early February, District staff met with representatives from
HydroMentia and were greatly encouraged by the work they are doing in this area. Of
particular interest to staff is the potential that the Agal Turf Scrubber technology can provide.
Staff is committed to review the results that will come from the proposed SFWMD project.
The focus of the presentation will be to review the District's load reduction goals for the
project, review the evaluation that distinguishes the biological treatment technologies from the
other technologies, and to review the evaluation that distinguishes the wetland treatment
option over the water hyacinth option. Staff anticipates presenting this information to the
Peace River Basin Board in April 2006 for its concurrence.
(1)
(2)
(3)
(4)
Present to the Peace River Basin Board in April 2006 for its concurrence.
Adopt a 27 percent nitrogen load reduction goal for the project.
Direct staff to finalize the Alternative Treatment Technologies Evaluation report.
Approve the staff recommended treatment technology utilizing wetland treatment as the
primary option, and explore the need for pilot-testing.
Presenter: Mark A. Hammond, Director, Resource Management Department
39. Southern Water Use Caution Area Recovery Strategy
At the January 24, 2006 Governing Board meeting staff reviewed with the Board questions
and issues which arose from the December 1, 2005 Board meeting. This included discussion
of several permitting examples under the proposed SWUCA rules, ways by which the District
can address the "redirection" of reclaimed water, and the amounts of water potentially
available as agricultural lands convert to residential development. The Board was also
provided written comments on the Southern Water Use Caution Area Recovery Strategy and
associated rule revisions received just prior to the meeting, including comments from the
Florida Electric Power Coordinating Group, Mosaic Fertilizer, LLC, and Frank Diehl Farms.
Additional written comments from Tampa Bay Water were received subsequent to the Board
meeting. It is anticipated that staff will have discussed these comments with the various
parties and responded in writing prior to the February Board meeting in an attempt to resolve
as many issues as possible. Staff responses will be provided to the Board as they are
completed. Staff will review with the Board the issues contained within these comments and
the District's responses.
At this meeting the Board will also receive a report on the economic analysis conducted
regarding the proposed SWUCA rules. The Dr. Grace Johns, project manager with the
consulting firm Hazen and Sawyer, will present the economic analysis. This includes the
Statement of Estimated Regulatory Costs (SERC) prepared consistent with the provisions of
Chapter 120, Florida Statutes. The SERC is included as an exhibit to this item. Dr. Johns'
will also summarize the broader economic analysis conducted at the request of the Manatee
Chamber of Commerce. Publication of the final report will not occur until early March, at
which time copies will be provided to the Board.
Discussion Agenda
-7-
See Exhibit 39
No action is required this month. Staff will incorporate changes into the rules and Recovery
Strategy document consistent with the Board's direction, and will return to the Board at the
March 2006 meeting for approval and authorization to publish the rules in the Florida
Administrative Weekly.
Presenters:
Richard S. Owen, Director, Planning Department
Dr. Grace Johns, Project Manager, Hazen and Sawyer
40. Myakka River Watershed Initiative
The purpose of this presentation is to provide an overview of the watershed initiative being
developed for the Myakka River and to request the transfer of $500,000 from the Governing
Board's Water Supply and Resource Development reserves to the Mapping & GIS Section to
obtain digital topographic information in eastern Manatee County ($380,000) and the
Hydrologic Evaluation Section to initiate a water budget analysis of the Upper Myakka River
watershed ($120,000).
At the November 30, 2005 Governing Board meeting, an overview of the Myakka River
watershed was presented. Though the river corridor appears to be relatively unimpacted in
many segments, it was noted that numerous alterations have occurred in the watershed to
manipulate flows and control flooding for agricultural and urban land uses. The presentation
concluded that a comprehensive plan is needed to more effectively manage and utilize the
water resources of the watershed.
The District routinely undertakes projects under the Watershed Management Program (WMP).
The WMP provides a methodology to evaluate the capacity of a watershed to protect,
enhance, and restore water quality and natural systems, while achieving flood protection. The
WMP includes five major elements: to quantify the physical characteristics of the watershed;
inventory water resource features; develop the technical analysis and modeling tools
necessary for assessing management options; identify and evaluate best management
practices; and provide ongoing maintenance and updating of watershed parameters and
modeling tools. Though not a typical component of the WMP, an adaptive management
monitoring program for Flatford Swamp is included in the Myakka River initiative to determine
the effects of potential restoration efforts.
This task will enable staff to make
recommendations on how to proceed in the overall restoration effort.
Because of concerns about the environmental impacts that have occurred in the upper portion
of the watershed and the need to develop alternative water supplies in the region by the 2012
timeframe, staff is recommending initial tasks of the WMP begin immediately. Subsequent
tasks are planned and funds will be budgeted in upcoming budget cycles. The most
immediate and significant tasks are the collection of topographic information and development
of a water budget analysis. The topographic information is needed to support the water
budget analysis and ensure the WMP schedule is maintained. Because there are preferential
times of the year (November-early March) when Light Detection and Ranging (LiDAR) is
flown, delay in this task can push the project schedule back approximately eight months. The
proposed water budget analysis is for the Upper Myakka Watershed and encompasses an
area of approximately 181 square miles, from the headwaters north of S.R. 64 to Upper
Myakka Lake. The water budget analysis will provide the technical information and analysis
needed to identify and evaluate environmental restoration options and potential alternative
water supply projects in that area.
Through the WMP a comprehensive plan to more effectively manage and utilize the water
resources of the Myakka River watershed will be developed. An advantage of the WMP is as
each element is completed tangible work products, such as improved topographic information
and surface water models, will be made available to the District, municipalities and
stakeholders. Accelerating the timeframe for collection of topographic information and
conducting the water budget analysis for the upper watershed will ensure the necessary tools
Discussion Agenda
-8-
are available to assess options for environmental restoration and water supply in the area in a
timely manner.
Because timing is crucial to initiate tasks in the upper watershed, staff is requesting $500,000
from the Water Supply and Resource Development reserves to hire consultants to obtain
digital topographic information using LiDAR in eastern Manatee County ($380,000), and to
initiate the water budget analysis for the Upper Myakka watershed ($120,000). Budgeting for
the remaining tasks of the WMP will be distributed between the Governing (50 percent), the
Peace River Basin (10 percent), and Manasota Basin (40 percent) Boards in future budget
cycles. Preliminary budget for completion of the WMP for the entire 600 square mile
watershed is estimated at approximately $4 million.
(1) Approve developing a watershed initiative for the Myakka River and authorize staff to
select a consultant team in accordance with the Consultants’ Competitive Negotiation Act
to conduct the WMP.
(2) Approve the transfer of $500,000 from the Governing Board's Water Supply and Resource
Development reserves to the Mapping & GIS Section to obtain digital topographic
information in eastern Manatee County ($380,000) and the Hydrologic Evaluation Section
to begin work on the water budget for the Upper Myakka ($120,000).
(3) Authorize the Executive Director to sign the necessary agreements to allow consultants to
perform the work described above.
Presenter:
Lisann C. Morris, Senior Professional Engineer,
Resource Conservation & Development Department
41. Peace River Cumulative Impact Assessment Study Update
This item is to update the Board on the status of the Florida Department of Environmental
Protection's (FDEP) Peace River Cumulative Impact Assessment study. District staff have
been providing technical assistance to the FDEP and are part of the project management
team for this effort.
In 2003, the Florida Legislature directed the FDEP to conduct the Peace River Cumulative
Impact Assessment project. This was largely due to concerns about changes in flows of the
Peace River that have occurred over the past few decades. The purpose of the study is to
assess the cumulative impacts of activities in the Peace River basin and provide the technical
foundation for development of a resource management plan. The management plan, not part
of the study, will identify regulatory and non-regulatory means to minimze future impacts to
water resources in the basin and is scheduled for completion in January 2007.
The Peace River drainage basin is approximately 2,350 square miles in area. The river flows
about 105 miles from the confluence of the Peace Creek Drainage Canal and Saddle Creek in
north-central Polk County to Charlotte Harbor. Flows from the river are vital to the estuarine
health and overall productivity of Charlotte Harbor. A steady, long-term decline in Peace
River flows has been observed since the early-1960s. The causes of the decline are complex
and include several factors, such as: a decline in average annual rainfall over the last 30
years; lowering of the potentiometric surface of the Upper Floridan aquifer due to increases in
ground-water withdrawals; and alterations of the land surface due to phosphate mining,
agricultural, and urban development. All of these factors have contributed to changes in the
hydrology and ecology of the Peace River basin.
Specific objectives of the study are to assess the cumulative effects of historical land use,
water use, and climate changes on Peace River stream flows, water quality, and ecological
factors. To this end, the project will utilize existing information and apply statistical and other
analytical techniques to assess the degree of influence these factors have had on the Peace
River drainage basin, including Charlotte Harbor. Major tasks include: (1) a literature review,
inventory of existing data, and assessment of additional data needs; (2) detailed assessments
Discussion Agenda
-9-
of changes in land use, streamflow, rainfall, water quality, and ecological factors, including
stream alteration and wetlands, at the basin-wide and sub-basin level; (3) analyzing causal
factors related to streamflow changes; (4) evaluating the effectiveness of existing regulatory
programs; (5) summarizing the findings in a written report; and (6) meeting with interested
stakeholders at regular intervals to update progress of the study.
The total cost of the project is $750,000, funded entirely by the FDEP. The project was
initiated in January 2005 by a consultant team headed by PBS&J, Inc., and originally
scheduled to be completed by February 2006. Recently, the FDEP amended the contract
with PBS&J, Inc., to extend the project duration until August 2006. This is due to technical
issues related to producing a 1940s-era baseline period of GIS-based land use/cover from
aerial photographs. This information is critical to the project outcome since a significant part
of the scope-of-work involves determining land use changes due to urbanization, mining, and
agriculture over the last 60 years in the basin.
With respect to the project status, major progress has occurred on Tasks 1 and 2. Historic
trends in ground water levels, stream flow, rainfall, and water quality have been analyzed
using statistical and graphical methods and land use changes from 1979 to present are nearly
complete. Water budget data is being tallied for each of the major sub-basins as part of
Task 3. Information on the history of state regulations continues to be evaluated as part of
Task 4. The first stakeholder meetings are tentatively scheduled for the March-April time
frame and will be held in Bartow and the Charlotte Harbor area.
This item is presented for the Board's information, and no action is required.
Presenter:
Ron Basso, Senior Professional Geologist
Resource Conservation & Development Department
42. 2004 Hurricane Debris Removal Efforts – Final Report
Purpose
This purpose of this item is to provide the Governing Board an update on the District's
hurricane debris removal activities. This item is presented for the Board’s information only
and no action is required.
Background
In August 2004, the Governing Board approved the transfer of $2.6 million from General Fund
contingency reserves for emergency response expenditures related to the Tropical Storm
Bonnie and Hurricane Charley recovery efforts. In September 2004, the Board authorized the
use of the funds for recovery efforts associated with subsequent hurricane events Frances,
Jeanne and Ivan. In September 2004, the District entered into an Agreement with the Natural
Resources Conservation Service (NRCS) for debris removal activities in the Peace Creek
Canal. In January 2005, the Board approved an amendment and funding to expand the
hurricane debris removal activities to include Charlotte, DeSoto, Hardee, Hillsborough, and
Polk Counties. The agreement is for up to $7,985,000 with NRCS funding 75 percent and the
District funding 25 percent. The District also entered into an agreement with Hillsborough
County in March 2005 for an additional $100,000 for Flint Creek with the County contributing
$50,000. In response to a request by the Governor's Office, the Governing Board approved
entering into a Disaster Relief Funding Agreement with the Florida Department of
Environmental Protection (FDEP), which was entered into in May 2005, for debris removal
activities in Charlotte Harbor. The original estimate for the Charlotte Harbor debris removal
activities was up to $2,650,000, which is to be reimbursed by the State (10 percent) and the
Federal Emergency Management Agency (FEMA) (90 percent).
The District initiated the debris removal on December 9, 2004 in the Peace Creek Canal. At
the time this summary was prepared, all debris removal activities were completed except the
upper three miles of the North Prong of the Alafia River in Hillsborough County. This work is
scheduled to be complete by February 28, 2006. The debris removal activities involve
Discussion Agenda
- 10 -
approximately 350 miles of waterway in Charlotte, DeSoto, Hardee, Hillsborough, and Polk
Counties. In order to perform this work, 594 License Agreements were obtained from private
property owners. Approximately 1,500 tons of material was hauled away for disposal;
however, this was only a small fraction of the debris removed. Most of the debris was
chipped, burned, or “cut and placed” beyond the top of bank.
Staff will present an update on the hurricane debris removal activities including a summary of
the actual costs. Below is a table showing the original project budget, which was based on
preliminary cost estimates. Funding for individual areas were adjusted as detailed
assessments were completed and bids received on each system.
Project Area
Peace Creek
District's
Estimated
Match
Budgeted
Amount
NRCS
(75%)
$1,155,340
$866,505
$0
$0
$0
$288,835
$220,000
$90,000
$0
$50,000
$0
$80,000
$1,000,000
$750,000
$0
$0
$0
$250,000
$1,000,000
$750,000
$0
$0
$0
$250,000
$992,660
$744,495
$0
$0
$0
$248,166
State
Hillsborough
County
FEMA
(90%)
Flint Creek
Alligator Creek &
Tributaries
Shell and Prairie
Creeks
Peace River
Peace River
Tributaries
Alafia River
$2,717,000 $2,037,750
$0
$0
$0
$679,250
$1,000,000
$0
$0
$0
$250,000
Charlotte Harbor
$2,650,000
$0 $265,000
$0
$2,385,000
$0
Totals: $10,735,000 $5,988,750 $265,000
$50,000
$2,385,000
$2,046,250
$750,000
Presenter: Dawn Turner, Professional Engineer, Resource Management Department
43. Legislative Update
Staffs from the five water management districts and the Florida Department of Environmental
Protection (Department) have been in constant communication regarding legislative priorities
developed by the water management districts and the Department. Additionally, related
legislative topics anticipated to be introduced in the coming year are being discussed. These
include dock permitting, minimum flows and levels, and growth management.
State Legislative Activities
Appropriations
CLA staff has secured project sponsors for all of the District's project priorities. Additionally,
staff has met with House and Senate appropriations staff, Senator Lisa Carlton, Chair of the
Senate Appropriations Committee, President Lee's staff, and other members of the
Appropriations Committees. Additionally, various project partners have been coordinating
with the District to ensure member support for the projects. Meetings are currently being
scheduled with Representative Stan Mayfield, Chair of the House Agriculture and
Environmental Appropriations Committee. Outlined below are the projects for which the
District is seeking state funding and the associated project sponsors:
Discussion Agenda
Project Name
Charlotte Harbor and Myakka
River Watersheds Restoration
Facilitating Agricultural
Resource Management
Systems (FARMS)
- 11 -
Funding Request
$1 million
Sponsors
Sen. Mike Bennett
Rep. Nancy Detert
$1 million
Sen. Mike Bennett
Rep. Nancy Detert
$500,000
Sen. Mike Bennett
Rep. Nancy Detert
Tampa Bay Regional
Reclaimed Water and
Downstream Augmentation
$10 million
Sen. Victor Crist
Rep. Ken Littlefield
Tampa Bay Restoration
$1 million
Upper Peace River
Restoration Initiative
$1 million
Sarasota Bay Restoration
Sen. Dennis Jones
Rep. Gus Bilirakis
Sen. J.D. Alexander
Rep. Marty Bowen
District Asked for Approval of Local Government Surface Water Projects
This year's budget process again requires the project review that was proposed by the
Governor's Office last session. This process requires the governing boards of the five water
management districts to review and approve local government surface water project requests
based on the Community Budget Issue Requests (CBIR) form filed with the Legislature.
District staff, in cooperation with the Department, have compiled and reviewed projects within
District boundaries based on the criteria developed by the Governor's Office (see exhibit). A
list of projects recommended for approval will be distributed at the Governing Board meeting.
Governor's Recommended Budget Released
Governor Bush has released his budget recommendations for 2006/2007 to the Legislature.
The $70.8 billion budget takes advantage of Florida’s current prosperity to meet the state’s
future challenges. Highlights of the budget include:
• $2.5 million for fiscal year 2006-07 to further protect Florida's freshwater springs.
• $35 million in funding for water quality improvement and water restoration projects. This
funding will be used for wastewater, surface and storm water projects. The funding is to be
matched by the water management districts and their local partners, to create a partnership
at all levels to protect Florida’s waters.
• $12 million for fiscal year 2006-07 to continue small community sewer construction
assistance. These funds are awarded as grants to financially disadvantaged small
communities (population of less than 7,500 and per capita annual income less than the
state per-capita annual income) to assist with their needs for adequate sewer facilities.
• $100 million will be used to create alternative water supplies, establish pollution limits for
waterbodies, restore water quality in rivers and lakes and build wastewater and reuse
facilities.
• $161.5 million, a 15.4 percent increase from fiscal year 2005-06, for the State Revolving
Fund, which provides Florida’s communities with low interest loans to construct wastewater
and drinking water facilities. The program sets aside 15 percent of the funds for small
communities with populations less than 10,000 residents for drinking water projects and
20,000 residents for wastewater projects.
• Additionally, the recommended budget continues funding the Florida Forever program. The
10-year, $3 billion program, permanently protects environmentally sensitive land, vital
waterways and important cultural and historical landmarks. The administration is
recommending $300 million in General Revenue funds to continue the acquisition of lands
vital to the preservation and conservation of Florida’s natural resources. For the third year,
the proposed budget recommends cash, in lieu of bonding, to alleviate the need for
additional debt. Funds allocated for this program are recommended to be disbursed
consistent with previous years. This would include $26 million for the District.
• The budget also includes increased per diem and mileage rates for state employees. The
new rates are $4 for breakfast, $8 for lunch, $15 for dinner and 44.5 cents per mile.
Discussion Agenda
- 12 -
Bill Filed to Elect Water Management District Board
House Bill (HB) 559 was introduced by Representative Brummer eliminates provisions in
existing law for the appointment of members to water management district governing boards.
The proposal calls for the election of Water Management District Board members for
staggered four-year terms. Additionally, it requires vacancies to be filled by gubernatorial
appointment and it directs the governing board of each district to create residence areas of
equal population within the district for purpose of electing members. The bill also provides for
inclusion of board members in the Senior Management Service class of the Florida
Retirement System, although it makes no provision for paying them.
This concept has been a topic of debate several times since the creation of the water
management districts however; it is currently unknown how extensive support for this proposal
is. Currently there is no companion bill in the Senate, but it is likely that one will be filed soon.
Performance-based Permitting Back Again
The concept of performance-based, or incentive-based permitting, has been discussed in the
Florida Legislature for the past several years. Each year it has been met with mixed support.
This year appears to be no different. The newly filed Florida Incentive-based Permitting Act
(HB- 261) provides for an incentive-based approach to permitting that includes compliance
incentives for environmental permitting activities with various requirements and limitations.
Perhaps the most significant policy issue associated with this bill is the concept that an
applicant's compliance histories with permit conditions and applicable laws should be a factor
considered by agencies when reviewing a permit application. The bill also provides for the
program to be administered by the Florida Department of Environmental Protection. Staff is
currently evaluating this legislation to determine its potential impacts on District programs.
There is currently no Senate Companion to this bill.
Hunting Lands Bill Filed
The underlying intent of this legislation is to ensure that there is no net loss of accessible land
for the purpose of hunting. The bill requires certain lands owned, managed, or leased by the
Florida Wildlife Conservation Commission (FFWCC) to be used for the purpose of hunting. It
also requires the commission to support, promote, and enhance hunting opportunities and to
provide comparable acreage for any loss of existing hunting lands. The bill if passed requires
several agencies, including the water management districts, to allow certain lands to be used
for the purpose of hunting if they are determined suitable for that purpose by the FFWCC.
This bill was heard in the House Water and natural Resources Committee on February 8. The
Florida Department of Environmental Protection and the five water management districts
expressed concerns over the bills clarity regarding portions of the bill associated with the
FFWCC identifying land as suitable for hunting even if that activity were not compatible with
the purposes for which the land was purchased or with other public access activities. The bill
passed the committee unanimously.
Changes Proposed to Citrus Hernando Waterways Restoration Council
Several area residents, primarily in Citrus County, have been advocating for a greater voice
on the Citrus Hernando Waterways Restoration Council. This has been primarily due to the
existing water bodies, which are the focus of the Council's charge. These residents would like
the Council to also address issues associated with Lake Rousseau and Crystal River. In
response to this, Representative Dean and Senator Argenziano have filed HB-341 and SB496. The bills expand the membership of the Council from twelve to fourteen by adding two
additional waterfront property owners from geographic areas of the counties. Additionally, the
bill expands the waterways to be considered by the Council to include all waterways within
Citrus and Hernando Counties. The House Water and Natural Resources Committee heard
this bill on February 8 and passed it unanimously.
New Lands Bill Introduced
After the completion of an interim project the Senate Environmental Protection Committee,
chaired by Paula Dockery, has introduced significant legislation relating to state lands. In part
the bill clarifies the duties of DEP, water management districts, and the Division of State
Lands. It revises appraisal requirements to provide for two appraisals for property valued at
Discussion Agenda
- 13 -
more than $1 million and expands real estate services that the Board of Trustees may obtain
by contract. Additionally, the bill authorizes the Board of Trustees to approve the acquisition
of lands for which the purchase price does not exceed 150 percent of the appraised value. A
workshop on the bill is scheduled for February 13 in Tallahassee.
Peace Creek Bill to be Introduced
At the request of the Governor's Office, District staff has been working with Senator J.D.
Alexander, Representative Marty Bowen, the Peace Creek Drainage District (PCDD) and staff
from Polk County, Haines City, and the Lakes Region Lakes Management District on a local
bill similar to the one Governor Bush vetoed after last session. The new proposal follows the
recommendations of the Peace Creek Coordinating Committee. Specifically, the proposal
dissolves the Peace Creek Drainage District with the water management district taking over
all operations and maintenance activities of the canal, as well as the property, revenue, and
indebtedness of the PCDD. The PCDD financial assets and indebtedness are estimated to be
approximately $16,000 of cash and $2,000 of current debts. Staff has requested a copy of
their latest financial statements and audits. Additionally, the bill expands the existing
boundary of the Lakes Region Lakes Management District similarly to last year's legislation.
The proposed boundary would incorporate Lake Hamilton and other smaller lakes to the
north. However, it would not include the District's P-8 structure or associated outfall canal.
Additionally, the new boundary must be approved by a referendum of the voters in the area no
later than November of 2008 for the change to become effective.
Federal Legislative Activities
Desalination Legislation Passes House Committee
HR 1071 (Davis of Florida and Gibbons of Nevada) and S1016 (Martinez of Florida and
Feinstein of California) continue to move through the legislative process in Washington, D.C.
The House Resources Committee favorably acted on the bill during its November 20 meeting.
The Committee report has been published and the Desal Coalition through Congressman
Davis has requested the bill to be brought up on the Suspension Calendar. The bill is now
ready to be voted on by the full House of Representatives.
New Water Infrastructure Authorization Introduced
Congressman John Duncan of Tennessee, Chairman of the House Water Resources and
Environment Subcommittee, recently introduced the Clean Water Trust Act, H.R. 4560. This
legislation would provide nearly $7.6 billion annually for wastewater treatment infrastructure
and watershed restoration. Specifically, the legislation authorizes $6 billion annually over the
next four years for loans and grants to repair and upgrade aging sewer systems, $260 million
annually to the United States Environmental Protection Agency for grants for fisheries and
wetlands restoration, and $250 million for projects in critical watersheds. This could include,
for example, the Great Lakes.
Environmental and industry groups have been encouraging Congress to address aging sewer
pipes and treatment plants noting the potential for public health problems and expensive
penalties from outdated and leaking sewer systems.
It is anticipated that the funding for this program would come from a dedicated revenue
source. Ideas of what that source could be were discussed during the Subcommittee
meetings this past summer and included such options as an increase in EPA’s Clean Water
State Revolving Fund, new fees, or through the issuance of tax-exempt private bonds.
Federal Farm Programs Reduced
The House of Representatives Budget Reconciliation Conference Report recently was
approved with $39 billion in spending cuts, including agriculture and energy programs. The
report cuts $2.7 billion in agriculture spending, with more than one-third coming from
conservation programs. For example, the Environmental Quality Incentives Program (EQIP),
a program that pays farmers for certain conservation practices on farms, will be limited to
$1.27 billion for fiscal years 2007-2009 and $1.3 billion in fiscal year 2010. These funding
Discussion Agenda
- 14 -
levels are below the amounts authorized by the last Farm Bill, which were established to
increase each year.
It is anticipated that these cuts and further anticipated reductions will be further considered as
discussion continues on the 2007 Farm Bill. The District is a member of the Florida Coalition
involved in the development of that legislation.
$2.8 Billion In Federal Hurricane Disaster Assistance
The U.S. Department of Agriculture has announced $2.8 billion in aid to assist victims of the
2005 hurricane season. $1.2 billion in aid will be provided to agricultural producers primarily in
Alabama, Florida, Louisiana, Mississippi, North Carolina, and Texas, and $1.6 billion in aid is
allocated to restore homes and rural communities. Funding assistance is provided through
three federal programs, USDA Section 32, the Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006.
The funds are intended to help producers of different crops and livestock to recover from
damage to their agricultural operations. This funding will also assist rural residents who lost
their homes and to help rebuild rural communities through grants and loans to restore water,
electrical and telecommunications systems.
$250 million is authorized from USDA Section 32 funds for crop disaster, livestock, tree and
aquaculture assistance through five new programs: the Aquaculture Block Grant program,
Feed Indemnity Program, Hurricane Indemnity Program, Livestock Indemnity Program, and
the Tree Indemnity Program.
Wastewater Security Bill Introduced in Senate
Senator James Jeffords of Vermont, ranking member of the Senate Environment and Public
Works Committee, recently introduced legislation that would authorize $265 million to protect
wastewater treatment plants from terrorist acts or accidents. The bill, S1995, would require all
waste water facilities to conduct vulnerability assessments, develop site-security and
emergency-response plans, and consider alternative approaches to potentially high-risk
treatment methods. The measure would authorize $250 million for facilities to conduct such
assessments and put emergency response plans in place. The money also would be used to
assist small communities in complying with the requirements. In addition, the bill would
authorize $15 million for research on innovative technologies.
The 2006 Defense Bill authorizes $903.9 million to USDA for agricultural producers adversely
affected by the 2005 hurricanes through the Emergency Conservation Program, Emergency
Forestry Conservation Reserve Program, and the Emergency Watershed Protection Program.
Eligible producers can apply at their USDA service center.
Since September 2005 USDA has made available more than $1.7 billion to hurricane victims.
This includes funding for emergency watershed protection, the Emergency Conservation
Program, emergency loan funding, rural development funding, and food and nutrition
assistance.
Appropriations
Community and Legislative Affairs staff has been preparing for the upcoming Congressional
year. Meetings have been held with legislative staff regarding the District's project proposals
and follow-up meetings are currently being scheduled. Thus far the District has received a
positive response from Congressional staff. CLA staff also anticipates additional meetings to
occur in March and throughout the legislative year. However, there are significant reductions
planned for the amount and the number of Congressional earmarks, as well as reductions in
programmatic spending in the President's proposed budget.
Discussion Agenda
- 15 -
President Bush Releases Proposed Budget
President Bush released his budget recommendations in early February. With a heavy focus
on defense spending several domestic programs, which support the District's activities, were
recommended for budget reductions. Highlights of the budget proposal are as follows:
Environmental Protection Agency (EPA) released budget for fiscal year (FY) 2007. The
budget totals $7.3 billion, which is a reduction of approximately $300 million from last year.
Specific funding levels include:
• $687.5 million for the Clean Water State Revolving Fund, a reduction of $212.5 million from
the FY06 level of $886.8 million;
• $841.5 million for the Drinking Water State Revolving Fund, a reduction of about $4 million;
• $195 million for State Non-point Source Pollution grants (Clean Water Act Section 319),
which is about $10 million less than last year;
• $221.7 million for Water Pollution Control grants (Clean Water Act Section 106), which is
about $5 million less than FY06;
• $1.259 billion for the Superfund program, which would fund about 40 projects and is about
$28 million above the FY 2006 level;
• $89 million for the Brownfields revolving loan fund and grant projects, which is a small
increase from FY06;
• $49.5 million for state Brownfields program grants, which is also a small increase from
FY06;
• $185.2 million for State and Local Air Quality Management grants, which is about $150
million less than FY06.
• $72.7 million for the Leaking Underground Storage Tank Program, which is about $7 million
less than FY06;
• Total funding for State and Tribal Assistance Grants (STAG) is proposed at $2.797 billion,
which is about $416 million less than FY06.
• The budget also includes more than $100 million to support EPA’s implementation of the
Energy Policy Act of 2005 (EPAct), including $49.5 million for the new Diesel Emissions
Reduction Program to support diesel retrofit initiatives and $37.6 million in underground
storage tank funding to implement new requirements under EPAct (which is $26 million
more than FY06).
Other Issues Being Monitored
State
Administrative Procedures
Budget Oversight
Deferred Compensation
Dock Permitting
Eminent Domain
Growth Management
Public Records
Sovereign Immunity
Springs Protection
Transportation Permitting
Water Well Contracting
Federal
Alternative Water Sources Development
Dam Rehabilitation
Drought Policy
FEMA Funding
Private Activity Bonds
Reuse Research and Development
USGS Stream Gauging
Water Resources Development Act
See Exhibit 43
To approve the local government surface water project list that is consistent with criteria of the
Governor's Office.
Presenter: David Rathke, Director, Community and Legislative Affairs
Discussion Agenda
EXHIBIT 39
Southern Water Use Caution Area
Recovery Strategy
Water Project Policy
All local government surface water restoration and stormwater projects are to:
Be reviewed by the appropriate water management district (WMD) for purposes of
approving or disapproving the project (see below); AND
Identify a minimum 50% local match of the total project cost. Local matching funds may
come from any source, other than a direct state legislative appropriation, regardless of
pass through entity.. The 50% match requirement may not be considered relevant in the
case of disadvantaged local governments as defined in s. 403.885, F.S. (those with
populations less than 7,500 people and per capita incomes less than the state per
capita income).
You will need to document for the CBIR form whether and how the project improves the
quality of a WMD-designated “priority” waterbody. Please see the list of WMDdesignated priority waterbodies for help in completing this information. This criterion will
be critical to WMD approval or disapproval. (More information on the CBIR process is
detailed below).
Each WMD will review surface water restoration and stormwater projects in its
jurisdiction based on CBIR forms supplied by the Legislature. Each WMD Governing
Board will act on (approve/disapprove) a complete list of local government surface
water restoration and stormwater projects at a meeting in early 2005 2006 and send the
list to the DEP and the Legislature.
All wastewater projects are to:
Have an application for funding on file with DEP's Disadvantaged Small Community
Wastewater Facilities Grants Program IF the project qualifies for funding under that
program. Eligible applicants include only municipalities with 7,500 or fewer people and a
per capita income less than the statewide average of $21,557. Details on how to apply
and who to contact are available on the disadvantaged small community grant program
website; OR
For all other wastewater projects, the projects are to:
Previously have received state funding by way of a line-item legislative appropriation
(see the water project funding history list for historical information--more on this list
appears below); AND
Be in the construction phase; AND
Identify a 25% local match of the total project cost. Local matching funds may come
from any source, other than a direct state legislative appropriation, regardless of pass
through entity.
Chair's Agenda
44. Agricultural Advisory Committee Liaison Report ............................................................. 2
45. March 1 Meeting of the Water Management Districts’ Governing Boards ...................... 2
46. Events Attendance .......................................................................................................... 2
47. Other Items ..................................................................................................................... 2
Chairman’s Agenda Summary
-2-
44. Agricultural Advisory Committee Liaison Report
The Agricultural Advisory Committee met on February 13, and Mr. Combee is the Board’s
liaison.
If requested, Mr. Richard Owen will provide a report of the meeting.
45. March 1 Meeting of the Water Management Districts’ Governing Boards
On March 1, 2006, all governing boards of the Water Management Districts will meet with
Governor Bush and Secretary Castile of the Florida Department of Environmental Protection
to discuss current issues. The meeting will be held in Tallahassee so that the Governor may
attend.
See Exhibit
46. Events Attendance
47. Other Items
Department of
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Jeb Bush
Governor
Colleen M. Castille
Secretary
Water Management Summit
March 1, 2006 – 1:00 to 5:00 P.M.
Cabinet Room – The Capitol, Lower Level
Tallahassee, Florida
Agenda
I.
Welcome and Introductions – Secretary Colleen M. Castille
II.
Alternative Water Supply: Implementation of Senate Bill 444
A.
B.
C.
D.
Water Supply Challenges
District Solutions to Address Water Supply Challenges
AWS Projects to be Funded in FY 05-06
AWS Priorities for Future Funding
III.
The Hard Stop: Miami-Dade County – Secretary Castille & Carol Ann Wehle,
Executive Director, South Florida Water Management District
IV.
Water Supply Development – Challenges of Regional Cooperation in
Meeting Water Supply Needs
A.
B.
C.
D.
Taylor Creek Project
Upper Kissimmee River
Peace River
Heartland Alliance
V.
Follow-Up Discussion
VI.
Adjournment
Routine Reports
48. Demand Management Activities ................................................................................... 2
49. Litigation Report – Regulatory Issues ........................................................................... 3
50. Overpumpage Activities ................................................................................................ 17
51. Rulemaking Update ....................................................................................................... 23
52. Southern Water Use Caution Area Quantities .............................................................. 27
53. Peace River/Manasota Regional Water Supply Authority, Tampa Bay Water
and Tampa Summary Graphics .................................................................................... 31
54. Significant Water Supply and Resource Development Projects ................................... 41
55. Florida Forever Status Report ....................................................................................... 45
56. Land Resources Department Significant Activities ....................................................... 49
57. Minimum Flows and Levels Status Report .................................................................... 51
58. Hydrologic Conditions Report ....................................................................................... 55
59. Structure Operations Status Report .............................................................................. 57
60. Litigation Report – Non-Regulatory Issues ................................................................... 67
61. Treasurer's Report, Payment Register and Contingency Reserves Report .................. 75
62. Local Government Comprehensive Plan Activity Report .............................................. 79
63. Development of Regional Impact Activity Report .......................................................... 83
64. Upcoming Events Report .............................................................................................. 89
1
Routine Report
48. Demand Management Activities
Monitoring
Staff is monitoring baseline regional and national conditions in order to detect any potential
concerns during the annual dry season (October – mid June). The U. S. Drought Monitor
reported that there were no drought conditions in the District as of January 26. Current
predictions from experts at the National Weather Service’s Climate Prediction Center are
mixed, with precipitation outlooks showing below normal rainfall throughout the spring and
yet composite drought index products forecasting normal to above normal conditions for
the same time period.
Although no regional problems are expected, Demand
Management staff will continue to monitor key condition indicators and stay in close
contact with public suppliers that experienced difficulties in past dry seasons.
Outreach
Outreach remains a priority, especially as it relates to the District’s Water Shortage Plan
and the Conserve Florida initiative. Normal daily outreach duties also continue, such as
updating material on the “WaterWatch” website page and responding to calls, e-mail and
letters received by the District’s water hotline.
Rulemaking
In January, staff drafted and received Board approval for a “Notice of Change” to address
minor comments from the Joint Administrative Procedures Commission regarding
amendments to the District’s Water Shortage Plan (Chapter 40D-21, F.A.C.). This notice
is currently scheduled to be published in Florida Administrative Weekly on February 3. If
there are no last-minute comments, the final version of Rule language will be officially filed
with the Florida Department of State in early March and become effective 20 days later.
Staff will provide updated condition indicator and public supply status information on
February 21.
No requests for action are anticipated. Staff will provide an updated recommendation as
necessary.
Presenters:
BJ Jarvis, Director, Records & Data Department
Lois Ann Sorensen, Demand Management Coordinator
2
Routine Report
49. Litigation Report – Regulatory Issues
This is the updated monthly Regulation Issues Litigation Report.
See Exhibit
This item is provided for the Board’s information, and no action is requested.
Presenter:
3
4
The Lake Region
Audubon Society, Inc.
v. SWFWMD and
Spanish Oaks of
Central Florida,
LLC/Case No. 05-2606
Formal Administrative
Proceedings on objection to
issuance of ERP No.
44025789.001
issuance of ERP No.
43024788.002
N. Spirtos/J.
Pepper
Division of
Administrative
Hearings/T. K.
Wetherell, II
Blanco v. Westfield
Homes of Florida, Inc.
and SWFWMD/Case
No. 05-3274
M. Moore
issuance of ERP No.
44025312.000
M. McNeil
Division of
Administrative
Hearings/J.L. Johnston
Belleair Village
Condominiums, LLC
v. SWFWMD and
Belleair Beach
Marine, Inc./Case No.
05-1889
Division of
Administrative
DESCRIPTION
ATTORNEY
COURT/JUDGE
6/6/05 - Petition for Administrative Hearing filed.
6/27/05 - Order of Dismissal Without Prejudice
entered. 7/11/05 - Amended Petition filed. 7/20/05 –
Amended Petition referred to DOAH. 8/1/05 –
Spanish Oaks’ Motion to Dismiss or in Alternative,
to Strike filed. 8/16/05 – District Motion for
Protective Order served. 8/17/05 - Order on
8/24/05 - Request for Administrative Hearing
received. 9/9/05 – Request referred to DOAH.
9/13/05 – Initial Order entered. 9/23/05 – Response
to Initial Order filed. 9/27/05- Notice of Hearing (set
for 1/31/06 – 2/2/06) and Order of Pre-Hearing
Instructions entered. 9/30/05 – Westfield’s First Set
of Interrogatories and Request for Production of
Documents to Petitioner Blanco served. 1/10/06 –
Motion for Continuance served. Depositions
held 1/11 and 1/17/06. 1/13/06 – Request for
Judicial Notice, and Motion for Order in Limine
served. 1/19/06 – Telephonic hearing held.
1/20/06 – Order denying Motion for Continuance,
granting Request for Judicial Notice entered.
1/25/06 – Motion to Strike Pleadings and
Witnesses filed. 1/26/06 – Petitioner's Request
for Reconsideration Regarding Location of
Hearing, and Response to Respondent's Motion
in Limine filed. 1/27/06 – Order Granting Motion
in Limine, and Order Denying Motion for
Reconsideration entered. 1/30/06 – Joint PreHearing Statement, and Petitioner's Pre-Hearing
Statement filed. 1/31/06 - 2/1/06 – Hearing
conducted.
5/16/05 - Petition for Formal Administrative
Hearing served. 6/13/05 - Notice of Hearing
served. Order of Pre-Hearing Instructions entered.
6/22/05 - Notice of Appearance of Counsel for
Respondent served. 8/11/05 – Joint Motion for
Continuance filed. 8/12/05 – Order Granting
continuance and Re-Scheduling Hearing entered.
Hearing rescheduled for 10/26 and 27/05.
10/14/05 - Stipulated Motion for Continuance;
Order Granting Continuance. 1/19/06 - Status
Report filed.
STATUS (current through 2/3/06)
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT LITIGATION REPORT
February 2006
(Changes in status since last month are in boldface type)
REGULATORY LITIGATION
ADMINISTRATIVE PROCEEDINGS
STYLE/CASE NO.
5
STYLE/CASE NO.
Pasco County v.
SWFWMD and
Thousand Oaks
Master Homeowners
Association, Inc. and
Trinity Oaks v.
SWFWMD and Trinity
Oaks Master
Homeowners
Association, Inc./Case
Nos. 05-0960 and 050963
6
Division of
Administrative
COURT/JUDGE
N. Spirtos
ATTORNEY
2
issuance of ERP No.
49012249.010
DESCRIPTION
2/25/05 – Pasco County's Petition for
Administrative Hearing received. 2/8/05 – Trinity
Oaks' Petition for Administrative Hearing received.
3/10/05 – Trinity Oaks' First Amended Request for
Administrative Hearing received. 3/15/05 – Initial
Orders entered. 3/22/05 – Coordinated Response
to Initial Orders and Notice of Appearance
(Frederick T. Reeves) served. 3/28/05 – District's
Motion to Consolidate served. 3/29/05 – Order
Consolidating Cases entered. 3/31/05 – Notice of
Hearing served. Hearing scheduled 7/12-15/05.
4/1/05 – Notice of Appearance (A. Salzano and J.
Richards for Pasco Co.) served. 4/13/05 – Notice
of Appearance (H. C. Hobby for Thousand Oaks)
served. 4/25/05 - Stipulated Motion to Continue
Final Hearing filed. 4/26/05 - Order Granting
Continuance and Rescheduling Hearing to 12/13
– 12/16/05 entered. 10/27/05 – Second Stipulated
Spanish Oaks’ Motion to Strike, Petitioner’s
Request for Stop-Work Order and District’s Motion
for Protective Order entered. 9/22/05 – Respondent
SWFWMD Motion in Limine; and Respondent
Spanish Oaks Motion for Summary Recommended
Order served. 9/22 and 9/23/05 – Administrative
Hearing held. 9/30/05 – Respondent SWFWMD’s
Joinder in Spanish Oaks’ Motion for Summary
Recommended Order; and Petitioner’s Response to
Spanish Oaks’ Motion for Summary Recommended
Order served. 10/21/05 – Proposed Recommended
Order filed. 11/10/05 – Recommended Order
issued. 11/18/05 – Spanish Oaks Exceptions to
Recommended Order filed. 11/28/05 – LRAS
Response to Spanish Oaks Exceptions filed.
11/30/05 – Notice of Appearance filed for LRAS.
11/30/05 – Governing Board issues Final Order
adopting Recommended Order and Denying
Exceptions. Permit issued. 12/19/05 - Spanish Oaks
Petition for Costs and Attorneys Fees filed. 1/17/06
Respondent’s Motion to strike or dismiss Petition for
costs and Attorney’s fees filed. 1/18/06 Order
granting leave to amend petition for costs and
attorney’s fees. 1/23/06 Response to motion to
strike. 1/24/06 Respondent’s Response to
Petition for costs and attorney’s fees filed.
Conference call scheduled with ALJ for 2/8/06.
M. Moore
Division of
Administrative Hearings
SWFWMD v
Stonecreek Lodge,
Inc./Case No. 06000118
Sylvan Lea, Inc. v.
SWFWMD/Case No.
03-0813
M. McNeil
N. Spirtos/J.
Pepper
Division of
Administrative
Hearings/T. Kent
Wetherell, II
Sherman Hills Golf
Club, Inc. v. Sherman
Hills, LLC and
SWFWMD/Case No.
05-3204
Division of
Administrative
Hearings/C. Stampelos
ATTORNEY
COURT/JUDGE
STYLE/CASE NO.
7
3
Proceedings on objection to the
District requiring an ERP.
Administrative Complaint and
Order for ERP violations
issuance of ERP No.
44008505.007
DESCRIPTION
2/24/03 - Petition for Formal Administrative Hearing
filed. 10/4/04 - Notice of Hearing entered (hearing
set for 2/1 – 3/05). 12/22/04 - SWFWMD's Motion
for Recommended Summary Final Order served.
12/27/04 - ALJ's Order (treating District's above
Motion as a motion to relinquish jurisdiction)
entered. 1/11/05 - Joint Motion for Continuance
filed. 1/12/05 - Order Granting Continuance and ReScheduling Hearing entered (hearing set for 5/3 5/5/05). 2/18/05 – Order denying Respondent's
Motion for Recommended Summary Final Order
(without prejudice) entered. 4/1/05 - Order
Canceling Hearing and Placing Case in Abeyance
entered (status report due by 7/15/05). 7/14/05 Status Report filed. 9/21/05 - Order Continuing
Case in Abeyance entered. 10/14/05 - Status
Report filed. 11/15/05 - Status Report filed. 1/13/06
- Order to Show Cause entered (giving 7 days to
file status report). 1/19/06 - Status Report in
Response to the Court's January 13, 2006, Order
to Show Cause served.
10/5/05 – ACO issued. 10/11/05 – ACO served.
10/24/05 – Objection filed and held in abeyance to
allow parties to resolve. No resolution achieved.
1/5/06 – Petition for Administrative Proceedings
referred to DOAH. 1/20/06- Notice of Hearing set
for April 11, 2006 at 9:30 a.m. 1/25/06 - District’s
Interrogatories and Request for Production
Served on Stonecreek Lodge, Inc.
8/24/05 - Petition for Administrative Hearing filed.
8/30/05 - Petition referred to DOAH. 9/1/05 - Initial
Order entered. 9/19/05 – Notice of Hearing served
(set for 11/14/05 – 11/16/05). 10/6/05 - District’s
First Set of Interrogatories and Request for
Production of Documents to Petitioner served.
10/27/05 – Stipulated Motion to Continue Final
Hearing filed. 10/28/05 - Order Granting
Continuance to February 15 - 17, 2006, entered.
1/5/06 – Notice of Taking Deposition Duces
Tecum served (deposition set for 1/23/06).
Depositions held 1/26 and 1/27/06.
Motion to Continue Hearing filed. 10/27/05 –
Order Granting Continuance to June 20 – 23,
2006 entered.
Sylvan Lea, Inc. v.
SWFWMD/Case No.
05-1099RP
STYLE/CASE NO.
Lindrick Service
Corporation v.
SWFWMD
Wiregrass Ranch, Inc.,
Pulte Home
Corporation and JHP
Real Estate
Partnership, LTD. v.
SWFWMD
8
District’s PAA for the issuance of
WUP No. 20002479.005
Proceeding on challenge to Rule
40D-4.021 amendment
DESCRIPTION
N. Spirtos
4
Request for administrative
hearing from Permittee re: permit
denial of WUP No.
20002978.010
DELEGATED ADMINISTRATIVE HEARING MATTERS
M. Moore
M. McNeil, J.
Pepper
Division of
Administrative
Hearings/C. Stampelos
Division of
Administrative Hearings
ATTORNEY
COURT/JUDGE
11/23/05 - Petition/Request for Administrative
Hearing received. 12/7/05 – Request from
Petitioner/Permittee to not forward Petition to DOAH
pending further discussions with District staff.
9/19/05 – Petition for Formal Administrative Hearing
filed. 10/6/05 – Referred to DOAH. 10/13/05 – Initial
Order entered. 10/20/05 – Response to Initial Order
filed. Hearing scheduled for 3/6/06 – 3/10/06.
1/11/06- SWFWMD Interrogatories and Request
for Production of Documents served on
Petitioners. Response due 2/10/06. Notice of
Appearance served 2/3/06.
3/22/05 - Petition for Administrative Determination
of Invalidity of Proposed Rule filed. 3/23/05 - Order
of Assignment entered. 3/25/05 - Respondent's
Motion for Reassignment of Administrative Law
Judge served. 4/1/05 - Order entered (waiving 30day hearing requirement set forth in statutes and
scheduling final hearing for 5/3-5/05); Notice of
Hearing served (set for 5/3-5/05 in Tallahassee);
5/2/05 - Order Granting Continuance and ReScheduling Hearing (set for June 7 & 8, 2005).
5/6/05 - Notice of Filing (of publication of Notice of
Change of Rule) served. 5/17/05 - Amended
petition for Administrative Determination of Invalidity
of Proposed Rule served. 5/18/05 - Stipulated
Motion for Continuance served. 5/19/05 - Order
Granting Continuance and Re-Scheduling Hearing
entered (rescheduled to July 20, 2005). 7/1/05 Agreed Motion to Abate Proceeding served. 7/12/05
- Order Granting Continuance and Placing Case in
Abeyance entered (status report due 9/12/05).
9/12/05 – Status Report filed. 9/21/05 - Order
Continuing Case in Abeyance entered (status report
due 11/11/05). 11/4/05 - Order Continuing Case in
Abeyance entered. 11/15/05 - Status Report filed.
1/18/06 - Notice of Hearing entered (set for April
18 and 19, 2006).
SWFWMD v. Paul K.
Bowser/Case No. 045746 CI 19
6th Judicial Circuit,
Pinellas County/J.
Lenderman
5
Complaint and Petition for
Enforcement for well
construction violations
M. McNeil
Complaint and Petition to
Enforce Consent Order and
pursue new WUP violations
Order for Construction without
ERP
M. Lytle
6th Judicial Circuit, Pasco
County/S.Mills
SWFWMD v. Aloha
Utilities, Inc./Case No.
51-2002-CA-2549
WS, Section G
Complaint and Petition to
Enforce Final Order for ERP
violations
M. Moore
S. Rushing
SWFWMD v. Michael
E. Brown and Arlene
A. Brown
ENFORCEMENT CASES
DESCRIPTION
(Including Administrative Complaints)
ATTORNEY
Citrus County/P.
Thomas
COURT/JUDGE
SWFWMD v.
Adventureland,
Inc./Case No. 2004CA-89
STYLE/CASE NO.
9
8/17/04 - Complaint served. Settlement
Agreement approved at October Governing
Board meeting. 11/2/04 - Consent Final
Judgment entered. 8/8/05 - Motion to Amend
Consent Final Judgment; Notice of Telephonic
Hearing (set for 8/23/05); Plaintiff's Notice of
Service of Affidavit of Proof served 8/8/05. 9/6/05
– Amended Final Judgment entered. 1/19/06 Plaintiff's Motion for Contempt and Notice of
Hearing (set for March 9) filed. Attempted to
8/9/05 – ACO issued. 8/16/05 – ACO served.
8/26/05 – Objection to ACO and request to hold
in abeyance received. 10/6/05 – Objection on
hold pending additional site investigation and
negotiation. 11/9/05 – site investigation
conducted.
Complaint filed 9/23/02. 4/2/03 – Defendant's
Stipulated Motion to File First Amended Answer,
Affirmative Defenses and Counterclaim served.
4/8/03 – Ordered and Adjudged that Defendant's
First Amended Answer, Affirmative Defenses and
Counterclaim shall be accepted and considered
filed, and Plaintiff shall respond to Defendant's
First Amended Answer, Affirmative Defenses and
Counterclaim entered. 4/16/03 – SWFWMD's
Reply to Affirmative Defenses, and Answer and
Affirmative Defense to Counterclaim served.
7/13/04 – Joint Stipulation to Stay Action served.
7/14/04 – Order Approving Joint Stipulaton to
Stay Action entered.
1/6/04 - Complaint filed. 7/15/04 – Default Final
Judgment entered. 12/31/04 - Agreement to pay
balance in 12 payments reached. 7/22/05 Notice of Taking Deposition Duces Tecum in Aid
of Execution served (deposition set for 8/16/05).
8/16/05 – Non appearance at deposition.
10/26/05 - Deposition Duces Tecum in Aid of
Execution taken.
Governing Board of
the St. Johns River
Water Management
District v. Vista Park
Development,
Inc./Case No. GCG01-444-08
STYLE/CASE NO.
M. Moore
M. Moore
Polk County/R. Doyel
Derek Welling v. Vista
Park Development,
Inc., Vista Park
Management, Inc.,
and Vista Park
Homes, Inc. v.
SWFWMD v. Carlos
Goffi/Case No. 2005CA-000515
M. Moore
Polk County/M.
McCarthy
Hardee County/R. Doyel
ATTORNEY
COURT/JUDGE
SWFWMD v. Carl
Douglas, Jr./Case No.
252005CA000338
10
6
Complaint for Dissolution of the
named corporate defendants
Enforcement of Consent Order
Enforcement for Construction of
Subdivision without ERP
DESCRIPTION
2/28/05 - Motion to Intervene by SWFWMD
served. 3/1//05 - Notice of Hearing (set for
3/2/05) served. 3/2/05 - Order Granting Motion to
Intervene by SWFWMD entered. 3/7/05 - Order
Appointing Receiver Pendente Lite entered.
3/18/05 – Motion to Intervene by Carlos Goffi
served. 4/1/05 - (Intervenor Goffi's) Notice of
Appeal of a Non-Final Order served (appealing
the Order Appointing Receiver Pendente Lite
entered 3/7/05). 4/11/05 - Notice of Hearing (on
Motion to Intervene) served. 4/15/05 - Notice of
6/16/05 - Complaint filed. 6/28/05 - Complaint
served. 9/1/05 – Motion for Default filed. 9/2/05 –
Default entered.
Complaint filed by SJRWMD 1/22/01. Motion to
Substitute SWFWMD as Plaintiff filed by
SJRWMD 6/12/03. Order substituting SWFWMD
as Plaintiff entered 3/9/04. Supplement to
Complaint filed 3/9/04. 4/4/04 - Answer filed.
8/24/04 – Settlement Agreement approved by
Governing Board. 9/21/04 – Consent Final
Judgment entered. 1/24/05 - Plaintiff's Motion for
Contempt and Notice of Hearing served.
Scheduled for 2/2/05. 2/2/05 - Order Adjudging
Defendant in Contempt entered. 3/21/05 (Carlos Goffi's) Motion to Intervene served.
4/6/05 - Order of Transfer and Reassignment
entered. 4/11/05 - Notice of Hearing (on Motion
to Intervene) served. Hearing set for 5/11/05.
4/15/05 - Notice of Filing (providing notice to
shareholders of entry of Order of Appointment of
Receiver Pendente Lite) served. 5/11/05 Hearing
on Carlos Goffi’s Motion to Intervene. Payment of
$6,229.22 received from Vista Park Receiver.
Order of denial on Intervention Motion issued
5/26/05. 8/26/05 – Motion to Intervene filed by
Joao Emilio Perrella. 8/31/05 – Hearing on
Motion to Intervene held. 9/22/05 – Order
denying Motion to Intervene entered.
serve Notice on Mr. Bowser - had wrong Paul
Bowser. Have located different address,
service resent on 2/2/06). 2/2/06 - Plaintiff's
Amended Motion for Contempt and Notice of
Hearing filed (sent to different address).
County Court,
Hillsborough County/A.
McNeil
SWFWMD v. Richard
Roy Landrigan/Case
No. 04-8616-CC
Complaint for violation of terms
of WUP No. 20004870.002,
.003, .004
M. McNeil
7
for ERP violations
N. Spirtos
Administrative Complaint
M. Moore
5th Judicial Circuit, Lake
County/W. G. Law
No. SWF 04-079
M. McNeil
Thirteenth Circuit,
Hillsborough County/W.
P. Levens
DESCRIPTION
ATTORNEY
COURT/JUDGE
SWFWMD v. Lake
Erie Corporation/Case
No. 04CA1239
SWFWMD v.
Harbsmeier, DeZayas
& Appel Investments,
Inc.
SWFWMD v. CKTWhite Harbour Island,
LLC/Case No. 054124, Division H
STYLE/CASE NO.
11
4/21/04 - Complaint filed. 6/22/04 - Amended
Complaint sent for filing and Alias Summons sent
for issuance (determined that Defendant is
currently residing in NM). 7/8/04 - Defendant
served. 7/22/04 - Answer served. 8/6/04 Plaintiff's Motion to Strike Affirmative Defense
served. 9/27/04 – (Defendant's) Motion for
Summary Judgment; Affidavit in Support of
Defendant's Motion for Summary Judgment and
Complaint filed 4/2/04, served 4/19/04. Extension
of time to file answer granted until 6/21/04.
6/21/04 - Answer served. 9/14/04 - District's
discovery requests served on Defendant. 9/28/04
- Joint Stipulation for Withdrawal of Attorney for
Defendant served. 10/27/04 - Order Authorizing
Withdrawal of Attorney for Defendant. 10/28/04 Completion of Response to Request for
Production by South Lake Title Services, Inc.
served. 6/24/05 - District's Motion for Summary
Judgment served. Hearing on District's Motion for
Summary Judgment scheduled for 10/12/05.
11/4/05 - Order for Partial Summary judgment
entered. (deeming Requests for Admissions to
Defendant admitted).
3/8/05 – Administrative Complaint served.
3/28/05 - Administrative Complaint and Order No.
SWF 04-14 entered. Complaint and Petition for
Enforcement of ACO on hold pending completion
of ACO corrective actions. Respondent pursuing
corrective action.
5/10/05 - Complaint and Petition for Enforcement
filed; Summons issued. 5/26/05 - Defendant
served. 6/20/05 - Motion for Default served.
6/21/05 - Default entered. 8/5/05 - (SWFWMD's)
Motion for Default Final Judgment and Plaintiff's
Affidavit of Late Fees and Costs of Suit served.
9/1/05 – Default Final Judgment entered.
Filing (providing notice to shareholders of entry of
Order of Appointment of Receiver Pendente Lite)
served. 8/26/05 - Motion to Intervene filed by
Joao Emilio Perrella. 8/31/05 – Hearing on
Motion to Intervene held. 9/22/05 – Orders
granting Motions to Intervene entered.
SWFWMD v. George
A. Long, III/Case No.
53-2005 CC-0005730000-000
STYLE/CASE NO.
Enforcement to enforce
Order No. 05-09
M. Moore
Polk County/D.
Jacobsen
SWFWMD v. Alan J.
Rieder and Cynthia F.
Rieder/Case No.
2005CA-001184-0000
8
Suit to enforce Consent Order
Complaint for violation of terms
of ERP 46013434.002 (failure to
submit Statement of Completion
and certified as-built drawings)
J. Pepper
M. Moore
County Court, Polk
County/S. Selph
DESCRIPTION
Polk County/C. Moore
ATTORNEY
COURT/JUDGE
SWFWMD v. Polk
Properties, Inc., et
al./Case No. G991779-08
12
3/23/05 – Complaint and Petition for Enforcement
filed. 3/29/05 – Defendants served. Defendant
requesting mediation. Mediation held 6/8/05.
6/28/05 - Mediation Settlement Agreement
approved by Governing Board. 6/28/05 –
Proposed Consent Final Judgment incorporating
Settlement Agreement sent for execution.
9/27/05 – Third payment received pursuant to
Settlement Agreement. 10/19/05 – Payment
Complaint filed 5/27/99. Cone Constructors Inc.
filed for bankruptcy 6/9/00. 4/3/01 – District filed
Proof of Claim for $443,240 with Bankruptcy
Court. Final Judgment entered against Polk
Properties, Inc., for $547,859 on 6/15/01.
Bankruptcy still open.
1/24/05 – Civil Cover Sheet, Summons,
Complaint and Notice of Lis Pendens sent to
Court for filing (filed 1/31/05). 2/28/05 – Received
Return of Service – Not Found. 6/13/05 Complaint served. 7/1/05 - Answer filed. 7/26/05
– Reply and Motion to Strike served.
Negotiations with counsel ongoing. 1/23/06 –
District's Request for Production of
Documents and Interrogatories served upon
Long.
Affidavit as to Costs served. 10/12/04 - Amended
Notice of Hearing served (set for 11/29/04).
11/24/04 - (Defendant's) Emergency Motion to
Continue served. 12/10/04 - Order Granting
Plaintiff's Motion to Strike Affirmative Defenses
entered. 3/23/05 – Defendant signed Settlement
Agreement and Joint Motion for Consent Final
Judgment. 4/26/05 - Settlement Agreement and
Joint Motion for Consent Final Judgment
approved by Governing Board. 5/20/05 - Consent
Final Judgment entered. Full payment received,
awaiting completion of other corrective actions.
1/19/06 - Motion for Contempt and Notice of
Hearing served. 1/24/06 - Motion for
Contempt served. 1/30/06 - Letter received
from clerk's office advising that file had been
closed, a filing fee was required to reopen the
case.
Pasco County/L. Tepper
SWFWMD v. Steven
C. Smith, Teresa S.
Smith & Good Life
Development,
Inc./Case No.
03CA1662-ES,
Section Y
SWFWMD v. Danny J.
Suggs, et al./Case No.
2003-CA-000724
Sumter County/J. Booth
Charlotte County/I.
Anderson, Jr.
COURT/JUDGE
SWFWMD v. David K.
Smith/Case No. 041907-CA
STYLE/CASE NO.
13
R.
Fitzpatrick/
J. Pepper
N. Spirtos
M. McNeil
ATTORNEY
9
Complaint enforcing Final Order
No. SWF 03-050
for ERP violations
Complaint for MSSW permit
violations
DESCRIPTION
Complaint and Plaintiff's Request to Inspect Land
filed 7/7/03. 10/20/03 – Defendant Danny J. Suggs'
Answer. 10/22/03 – Defendant Joann SuggsKrueger's Answer served. 10/23/03 – Defendant
Joann Suggs-Krueger's Amended Answer served.
10/24/03 – Gary D. Suggs', Joseph M. Krueger's,
Harold W. Steed's and Lisa Steed's Answer served.
3/2/04 –Order Granting Plaintiff's Motion for
Temporary Injunction entered. 4/2/04 – Plaintiff's
Motion for Partial Summary Judgment as to
Enforceability of the Administrative Complaint and
Order served. 5/4/04 - Response to District's Motion
for Partial Summary Judgment served. 5/11/04 –
Order denying Defendants' Motion for Stay/Motion
to Modify Injunction entered. 5/13/04 – Defendants'
Supplemental Response to Plaintiff's Motion for
Partial Summary Judgment served. 6/9/04 –
Plaintiff's Notice of Appeal of Non-Final Order
served. (See Appeals). 6/11/04 – Order Granting
Attorney's Fees (for motion to compel inspection of
6/6/03 – Complaint and Petition for Enforcement
filed. 8/21/03 – Defendants served. 9/9/03 Answer and Affirmative Defense filed. 12/5/03 –
Defendants Amended First Affirmative Defense
served. 9/28/04 - Board approved Settlement
Agreement. 10/5/04 - Settlement Agreement and
Joint Motion for Consent Final Judgment served.
10/15/04 – Consent Final Judgment entered.
Payments being made pursuant to Consent Final
Judgment.
9/29/04 - Complaint filed; Summons issued.
10/15/04 - Service made on attorney for
Defendant. 10/22/04 - Notice of Lis Pendens
served. 11/4/04 - Motion to Strike Lis Pendens or
to Require the Posting of a Bond served; Motion
to Dismiss served. 10/14/05 - Plaintiff's First
Request for Admissions to Defendant served.
10/21/05 - Stipulation for Extension of Time to
Respond to Discovery for Sixty (60) Days filed.
10/27/05 - Order Approving Stipulation for
Extension of Time to Respond to Discovery. The
parties are negotiating settlement.
received. 11/15/05 – Payment received.
SWFWMD v. Lin Fung
To, et al./ Case No. G98-3485
STYLE/CASE NO.
14
10th Judicial Circuit, Polk
County/H. Kornstein
COURT/JUDGE
B. Paul/J.
Pepper
ATTORNEY
10
Complaint for unauthorized
construction; wetland impacts.
DESCRIPTION
Complaint filed 12/8/98. Amended Complaint filed
5/2/03. Answer to Amended Complaint filed 5/19/03.
6/9/04 - Amended Order Setting Trial Before the
Court and Order Directing Mediation (Pre-Trial Conf.
set for 10/12/04; 2 day trial set to commence during
the 2-week trial block beginning 11/1/04) entered.
9/30/04 - Mediation held. 10/7/04 - Plaintiff's Motion
to Amend Complaint served. 10/11/04 - Order
Granting Motion to Amend Complaint served
(deeming Second Amended Complaint filed).
10/14/04 - Mediator's Notice of Impasse served.
11/1/04 - Plaintiff's Motion for Leave to File Its Third
Amended Complaint (w/Third Amended Complaint)
served. 11/3/04 - Order Granting Motion to Amend
Complaint entered. 11/12/04 - Notice of Appearance
(of Stephen H. Artman for Defendants) served.
12/16/04 - Answer to Plaintiff's Third Amended
Complaint and Affirmative Defenses served.
12/21/04 – Plaintiff's Motion to Strike Defendants'
Affirmative Defenses served. 5/13/05 - Notice of
Hearing on Motion to Strike Defendants' Affirmative
Defenses served. 8/8/05 – Hearing on Motion to
Strike held – Motion granted. 11/1/05 – Notice That
Action is at Issue and Ready for Trial served.
11/6/05 – Case Management Conference held; trial
set for April 19 and 20, 2006. 11/17/05 - Notice of
Case Management Hearing served. 1/10/06 – Order
Setting Pretrial Conference and Nonjury Trial
land) entered. 7/12/04 – Order Granting Attorney's
Fees (for motion to compel production of
documents) entered. 12/13/04 – District's Motion for
Contempt served. 4/25/05 – Order Adjudging
Defendants in Contempt entered. 7/25/05 – Notice
of Hearing (on Motion for Summary Judgment for
reargument) served. Hearing scheduled for 8/31/05.
8/3/05 – Motion for Summary Judgment served.
8/5/05 – Notice of Hearing (on Defendants' Motion
for Leave to Add Affirmative Defenses, Defendants'
Motion for Judicial Inspection and Defendant's
Motion for Summary Judgment) served. 8/31/05 –
Hearing on Motion for Summary Judgment held –
Court took matter under advisement. 9/12/05 –
Order (entered 8/31/05) denying Plaintiff's Motion for
Partial Summary Judgment received. Hearing set
for 3/21/06 on Defendants' Motion to Modify
Injunction and Motion for Judicial Inspection.
AmSouth Bank v.
Cynthia V. Ioerger, et
al./Case No. 05-CA
2969
J. Pepper
N. Spirtos
Pasco County/W. Cobb
SWFWMD v. Trimar
Southeast
Developments,
Inc./Case No.
512003CA-3209ES,
Section Y
Citrus County Circuit
Court/S. Spivey
M. McNeil
ATTORNEY
Thirteenth Judicial
Circuit, Hillsborough
County/Judge Nielson
COURT/JUDGE
SWFWMD v. Tomko
Development,
Inc./Case No. 054689, Division F
STYLE/CASE NO.
15
11
Complaint for Foreclosure of
mortgage against Cynthia V.
Ioerger, Adventureland, Inc.
MISCELLANEOUS
for ERP violations
Complaint to enjoin defendant to
complete activities required by
ERP Nos. 4419967.000, .001
DESCRIPTION
7/26/05 – Summons, Notice of Lis Pendens and
Complaint for Foreclosure and Damages served.
8/10/05 - District's Answer served. 8/18/05 – Notice
of Taking Deposition served. 8/23/05 – Amended
Notice of Taking Deposition served. 12/21/05 Plaintiff's Motion for Summary Judgment served;
Affidavit in Support of Motion for Summary
Judgment served; Affidavit as to Costs served;
Affidavit as to Attorneys Fees served; Notice of
Telephonic Hearing served (set for January 18,
2006). 1/24/06 - Notice of Filing Original Loan
Documents served. 1/26/06 - Supplemental
Affidavit of Tax Advances served.
Complaint filed 11/5/03. Answer served 3/11/04.
Interrogatories and Request for Production to
Defendant filed 3/25/04. 5/10/04 – Motion for
Extension of Time to Respond to Discovery served.
6/9/04 - Second Motion for Extension of Time to
Respond to Discovery served. Negotiations pending.
Site visit occurred 9/20/04. Follow-up site visit
occurred on 12/15/04. 5/4/05 – Plaintiff’s First
Request For Admissions served. 6/3/05 - Response
to Plaintiff's First Request for Admissions to
Defendant served.
5/31/05 - Complaint filed; Summons issued.
Summons served 6/10/05. 6/30/05 - Answer served.
7/20/05 - Plaintiff's Reply to Tomko Development's
Affirmative Defenses; Plaintiff's Motion to Strike
Affirmative Defenses served. Hearing on Plaintiff’s
Motion to Strike set 10/12/05. 10/25/05 - Order
entered granting District's Motion to Strike
Affirmative Defenses.
entered. 1/23/06 - Notice of Taking Deposition
Duces Tecum (of Vincent and Lin Fung To 2/28/06) served.
160-6
JTG Enterprises, Inc.
L:\PRIVATE\LitigationRepor\RegulatoryLitigatRptFeb06.doc
BOARD POLICY
COURT/JUDGE
VIOLATOR
STYLE/CASE NO.
16
M. McNeil
ATTORNEY
ATTORNEY
12
Failure to submit as-built
drawings and SOC
VIOLATION
CONSENT ORDERS
DESCRIPTION
Consent Order fully executed on 1/6/06. Penalty paid.
Routine Report
50. Overpumpage Activities
This is the updated monthly Overpumpage Activities; the charts are included as an exhibit.
See Exhibit
This item is provided for the Board’s information, and no action is required.
Presenter: Paul O’Neil, P.E., Director, Technical Services Department
17
18
19
99
299
1
3
Brooksville
Sarasota
236
1095
3
8
Tampa
Totals
7
3
2
0
2
461
1
Bartow
Service Office
Preparing for
Legal/Technical
Services
Justified /
Closed
Projects
Under
Review
Table 1. CUMULATIVE SUMMARY OF ACTIVITIES
3
0
1
1
1
Active
Files in
Legal
OVERPUMPAGE ACTIVITY REPORT
MAY 1, 2000 – January 26, 2006
81
26
11
18
26
Legal Files
Closed
1194
268
316
119
491
Total Files
20
Sweetwater East Investment Co.
Marion County Utilities – Quail Meadows
River Wilderness
Batista & Evelyn Madonnia
Batista & Evelyn Madonnia
Charles, Betty and Deborah Grimes
Spencer Farms, Inc.
Wes Investments of Hillsborough
2002449.004
2008165.002
2010450.002
2012386.000
2004447.005
2000381.004
2001780.008
2007697.003
A
A
A
A
A
R/A
P
P
Use Type
11/28/05
11/28/05
11/28/05
11/28/05
11/28/05
11/28/05
11/28/05
12/29/05
Overpumpage
Report Date
Tampa
Tampa
Tampa
Sarasota
Sarasota
Sarasota
Brooksville
Bartow
Service
Office
*These projects are under review and have not been determined to be in non-compliance at this time.
P = Public Supply R = Recreational
A = Agricultural
MD = Mining/Dewatering IC = Industrial/Commercial
Permittee
Permit No.
Table 2. PROJECTS UNDER REVIEW *
MAY 1, 2000 – January 26, 2006
21
Mims Hammocks, LLC
J. Tanner
2012520.000
2010021.001
P = Public Supply
A
A
A
R/A
R/A
R
A
17%
79%
15%
41.8%
4.1%
15.7%
45.4%
Estimated
Percent
Over
Permit
Tampa
Tampa
Tampa
Sarasota
Sarasota
Bartow
Bartow
Service
Office
IC = Industrial/Commercial
7/26/05
144,819 gpd
7/26/05
208,775 gpd
10/27/05
137,177 gpd
10/27/05
323,070 gpd
10/28/05
206,136 gpd
9/28/05
878,753 gpd
08/30/05
336,766 gpd
MD = Mining/Dewatering
288,000 gpd
491,100 gpd
179,700 gpd
266,500 gpd
132,400 gpd
180,400 gpd
99,600 gpd
Overpumpage
Permitted
Report Date &
Annual Average Estimated Annual
Average Use
A = Agricultural
Fancy Farms, Inc.
2009418.001
R = Recreational
Capri Isles
2011438.001
2008508.002
2001005.006
2010656.004
Permittee
Polk Nursery Company,
Inc.
Executives/Diamondback
Golf Club
Peridia Property Owners
Association
Permit No.
Use
Type
Table 3. PREPARING FOR LEGAL/TECHNICAL SERVICES
MAY 1, 2000 – January 26, 2006
22
R = Recreational
P
Englewood Water District
P = Public Supply
P
P
MD = Mining/Dewatering
Well Field 3
62,500 gpd
12 Wells
Well Field 2
12,000 gpd
18 Wells
Individual Wells
Overage 8/2003
14,400 gpd
7 of 25 Wells
Individual Wells
Overage 8/2003
31,646 gpd
13 of 18 Wells
Individual Wells
Overage 8/2003
119,124 gpd
4 of 12 Wells
Sarasota
Brooksville
Bartow
Service
Office
IC = Industrial/Commercial
191%
263%
20%
0%
08/2003
2,283,138
5,360,000 gpd
Well Field 1
12,000 gpd
25 Wells
41.5%
11/2000
2,885,176 gpd
58.6%
62.1%
268.5%
0%
8/2004
4,567,195 gpd
Individual Well
Overage 8/2004
3,154,814 gpd
Individual Well
Overage 8/2004
483,667 gpd
Individual Well
Overage 8/2004
42,493 gpd
Percent
Over
Permit
Overpumpage Report
Date & Annual
Average Use
2,040,000 gpd
Holiday Inn
26,800 gpd
Polo Davenport
298,400 gpd
Van Fleet
856,200 gpd
6,054,600 gpd
Permitted
Annual
Average
A = Agricultural
Use
Type
Aloha Utilities
Polk County
NERUSA
Permittee
Table 4. ACTIVE FILES IN LEGAL
9/2005
03/2002
2nd
Modification
10/2005
Modified
12/2004
10/2003
GB Aprvd
CO Date
Routine Report
51. Rulemaking Update
This is the updated monthly Rulemaking Update.
See Exhibit
This item is provided for the Board’s information, and no action is requested.
Presenter:
23
RULEMAKING UPDATE
February 2006
I.
PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS
AUTHORIZED INITIATION OF RULEMAKING
Rule
Initiation
Date
Next Scheduled
Action
Projected
Board
Approval Date
N/A
1. (40D-1.002(3)) Rulemaking to
incorporate by reference the
Marion County Well Construction
Permitting Delegation Agreement
2. (40D-2) Southern Water Use
Caution Area (SWUCA II) / (40D-2,
40D-8, and 40D-80, F.A.C.)
3. (40D-4.021) Rulemaking to clarify
the definition of a New Surface
Water Management System
January
2006
Effective
approximately
03/06
January
2002
Governing Board
Meeting 01/06
TBA
January
2005
N/A
4. (40D-4.091) Rulemaking to
incorporate by reference in the ERP
Basis of Review revisions to maps
of drainage basins and watersheds
incorporate by reference the
Memorandum of Understanding
between the Southwest Florida
Water Management District and the
Commission of Hillsborough
County regarding coordination of
regulatory activities
incorporate clarifying language in
the water quality section of the
Environmental Resource Permit
Basis of Review
7. (40D-8.041) Rulemaking to add
minimum flows for the middle
Peace River
minimum flows for the freshwater
segment of the Alafia River
minimum flows for the Myakka
River
January
2006
Rule challenge
hearing held in
abeyance until
further notice
Effective
approximately
03/06
N/A
March 2005
Effective 2/8/06
N/A
October
2005
Governing Board
approval 10/05,
effective 2/06
N/A
October
2005
Effective 2/6/06
N/A
November
2005
Governing Board
approval 11/05,
effective 03/06
Governing Board
approval 11/05,
effective 03/06
N/A
November
2005
24
N/A
Rule
10. (40D-8.624) Rulemaking to amend
established minimum flows and
levels for lakes Allen, Harvey,
Virginia, June-in-Winter and Parker
11. (40D-21) Amendments to update
and streamline definitions, shortage
phases and specific restrictions in the
Water Shortage Plan
II.
Initiation
Date
Next Scheduled
Action
November
2005
Governing Board
approval 11/05,
effective 03/06
November
2001
Governing Board
approve JAPC
changes 01/06
effective
approximately
03/06
Projected
Board
Approval Date
N/A
N/A
PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS NOT
AUTHORIZED INITIATION OF RULEMAKING
Rule
1. (40D-1.002(3)) Rulemaking to amend
Sarasota County Well Construction
Permitting Delegation Agreement to
allow delegation to Sarasota County
Health Department
2. (40D-2) Rulemaking to add statutorily
required language to Water Use
Permits
3. (40D-2.091) Miscellaneous clean-up
rulemaking to add phone numbers to
Crop Report forms incorporated by
reference
4. (40D-2.091) Rulemaking to clarify flow
meter and reuse meter conditions in
the Water Use Permit Basis of Review
incorporated by reference
5. (40D-4.321) Rulemaking to revise the
duration of Conceptual Environmental
Resource Permits
6. (40D-4331) Rulemaking to clarify
conditions for the extensions of
Environmental Resource Permits (file
with 40D-4.321)
7. (40D-8) Tampa Bypass Canal minimum
flow methodology and flow
8. (40D-8) Sulphur Springs minimum flow
methodology and flow
9. (40D-8) Lower Hillsborough River
minimum flow review
Staff Recommendation
Governing Board Initiate Rulemaking 02/06
Governing Board Initiate Rulemaking – TBA
Governing Board Initiate Rulemaking – 2006
Governing Board Initiate Rulemaking - 2006
25
Governing Board Initiate Rulemaking 03/06
10. (40D-8) Minimum levels for Lakes
Panasoffkee, Miona, Deaton and
Okahumpka and Big Gant Lake in
Sumter County
11. (40D-8) Minimum levels for Lakes
Davis, Spivey, Henderson, Little
Henderson, (Inverness Pool); Point
Lonesome, Van Ness, Croft, Hernando,
Todd, Bellamy and Dodd (Hernando
Pool) of Tsala Apopka Lake in Citrus
County
12. (40D-8) Minimum levels for Lake Marion
in Levy County; and Fort Cooper and
Tsala Apopka Lakes in Citrus County
III.
Governing Board to Initiate Rulemaking
03/06 or 04/06
Governing Board to Initiate Rulemaking
03/06 or 04/06
INACTIVE PROPOSED RULES FOR WHICH THE GOVERNING BOARD
HAS AUTHORIZED INITIATION OF RULEMAKING
- TO BE REMOVED FROM UPDATE
Rule
Nothing for February
Initiation Date
26
Routine Report
52. Southern Water Use Caution Area Quantities
This is the updated monthly Southern Water Use Caution Area quantities; the charts are
included as an exhibit.
See Exhibit
27
28
29
Annual Average Quantities
PERMITTED QUANTITIES FROM THE
FLORIDAN AQUIFER
SOUTHERN WATER USE CAUTION AREA
February 2006
Governing Board
MONTH-YEAR
3
3
2
2
1
1
0
0
9
9
5
5
8
8
4
4
04
03
02
01
00
99
05
-0
-0
-0
-0
-0
-0
-0
-0
-0
-9
-9
-0
-0
-9
-9
-0
rrrrrrrc
c
c
c
c
c
c
c
g
g
g
g
g
g
g
g
p
p
p
p
p
p
p
e
e
e
e
e
e
e
e
u
u
u
u
u
u
u
u
A
A
A
A
A
A
A
D
D
D
D
D
D
D
D
A
A
A
A
A
A
A
A
900
950
1,000
1,050
1,100
1,150
1,200
1,250
1,300
2/01/06
Million Gallons Per Day
30
2/01/06
Annual Average Quantities
February 2006
Governing Board
MONTH-YEAR
4
5
5
1
2
3
2
3
4
8
9
0
8
9
0
1
5
2
3
4
9
0
1
-9 c-9
-0 g-0 c-0
-0 g-0 c-0
-0 g-0 c-0
-0 g-0 c-0
-9 g-9 c-9
-0 g-0 c-0
-0 g-0 c-0
r
r
r
r
r
r
r
g
p
p
p
p
p
p
p
e
e
e
e
e
e
e
e
u
u
u
u
u
u
u
u
A
A
A
A
A
A
A
D
D
D
D
D
D
D
D
A
A
A
A
A
A
A
A
75
85
95
105
115
PERMITTED QUANTITIES
FROM THE INTERMEDIATE AQUIFER
SOUTHERN WATER USE CAUTION AREA
Routine Report
53. Peace River/Manasota Regional Water Supply Authority, Tampa Bay Water and
Tampa Summary Graphics
This is the updated monthly water production summary graphics; the charts are included
as an exhibit.
See Exhibit
31
32
33
0
Total SW Withdrawals
Total GW Withdrawals
Date
Total GW Permitted
Total SW Permitted
40
40
20
60
60
80
Peace River / Manasota Regional Water Supply Authority and Member
Governments Annual Average Withdrawals
Summary Chart 5
Jan-02
Feb-02
Mar-02
Apr-02
May-02
Jun-02
Jul-02
Aug-02
Sep-02
Oct-02
Nov-02
Dec-02
Jan-03
Feb-03
Mar-03
Apr-03
May-03
Jun-03
Jul-03
Aug-03
Sep-03
Oct-03
Nov-03
Dec-03
Jan-04
Feb-04
Mar-04
Apr-04
May-04
Jun-04
Jul-04
Aug-04
Sep-04
Oct-04
Nov-04
Dec-04
Jan-05
Feb-05
Mar-05
Apr-05
May-05
Jun-05
Jul-05
Aug-05
Sep-05
0
20
80
34
0
10
20
30
40
Peace River SW Withdrawals
Peace River GW Withdrawals
Date
Peace River SW Permitted
PRMRWSA - Annual Average Withdrawals
(Not Including Member Governments)
Summary Chart 9
0
10
20
30
40
Peace River GW Permitted
Jan-02
Feb-02
Mar-02
Apr-02
May-02
Jun-02
Jul-02
Aug-02
Sep-02
Oct-02
Nov-02
Dec-02
Jan-03
Feb-03
Mar-03
Apr-03
May-03
Jun-03
Jul-03
Aug-03
Sep-03
Oct-03
Nov-03
Dec-03
Jan-04
Feb-04
Mar-04
Apr-04
May-04
Jun-04
Jul-04
Aug-04
Sep-04
Oct-04
Nov-04
Dec-04
Jan-05
Feb-05
Mar-05
Apr-05
May-05
Jun-05
Jul-05
Aug-05
Sep-05
35
Total Member SW Withdrawals
0
Total Members GW Withdrawals
Date
Total Members SW Permitted
0
10
40
Total Member GW Permitted
20
20
10
30
30
40
PRMRWSA Members - Annual Average Withdrawals
(Manatee Co., Charlott Co., Desoto Co., Sarasota Co., )
Summary Chart 10
Jan-02
Feb-02
Mar-02
Apr-02
May-02
Jun-02
Jul-02
Aug-02
Sep-02
Oct-02
Nov-02
Dec-02
Jan-03
Feb-03
Mar-03
Apr-03
May-03
Jun-03
Jul-03
Aug-03
Sep-03
Oct-03
Nov-03
Dec-03
Jan-04
Feb-04
Mar-04
Apr-04
May-04
Jun-04
Jul-04
Aug-04
Sep-04
Oct-04
Nov-04
Dec-04
Jan-05
Feb-05
Mar-05
Apr-05
May-05
Jun-05
Jul-05
Aug-05
Sep-05
36
Note
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Avg.
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Avg.
Month
3.21
5.08
0.24
0.27
0.21
0.27
0.24
0.19
0.13
0.20
0.28
0.27
0.31
0.29
0.28
8.24
8.98
9.50
9.94
9.08
9.75
7.95
6.18
6.22
7.83
7.02
8.42
8.04
Sarasota
County GW
29.47
31.15
32.84
30.62
32.82
35.36
29.16
13.52
25.62
25.18
31.91
32.75
32.72
Manatee
County SW
13.08
12.77
12.80
12.31
13.33
12.72
12.53
12.25
13.53
13.57
12.02
14.48
14.62
Manatee
County GW
14.69
10.94
8.56
9.82
3.28
0.00
21.29
15.83
18.84
19.71
26.17
21.54
20.32
PRMRWSA
SW
1.93
3.06
2.12
1.63
5.08
4.49
4.70
2.08
0.05
0.00
0.00
0.00
0.00
PRMRWSA
ASR
0.39
0.43
0.48
0.52
0.50
0.40
0.27
0.28
0.26
0.33
0.35
0.41
0.40
0.41
0.23
0.32
0.28
0.31
0.29
0.31
0.87
0.85
0.26
0.35
0.41
0.40
DeSoto
County GW
7.49
8.03
8.01
11.38
10.87
8.30
7.19
4.43
4.79
5.87
7.54
6.97
6.54
Sarasota
County GW
Calendar Year 2002
Charlotte
County GW
29.07
29.19
29.60
34.02
35.24
37.36
29.24
25.50
24.68
22.08
28.54
30.70
22.64
Manatee
County SW
14.15
14.71
15.02
14.61
14.29
14.27
14.58
14.71
14.37
14.60
13.43
12.06
13.11
Manatee
County GW
16.84
18.43
17.48
17.42
9.57
3.36
9.81
23.81
20.09
20.50
21.74
21.21
18.64
PRMRWSA
SW
2.28
0.00
0.00
1.59
10.84
11.65
3.30
0.00
0.00
0.00
0.00
0.00
0.02
PRMRWSA
ASR
0.40
0.46
0.49
0.49
0.48
0.37
0.31
0.31
0.30
0.31
0.41
0.46
0.46
0.41
0.35
0.39
0.37
0.33
0.41
0.37
0.61
0.39
0.42
0.40
0.41
0.41
DeSoto
County GW
0.41
0.47
0.51
0.49
0.00
0.88
0.34
0.28
0.33
0.35
0.37
0.47
0.43
0.24
0.27
0.21
0.27
0.24
0.19
0.13
0.20
0.28
0.27
0.31
0.29
0.28
DeSoto
County GW
8.24
8.98
9.50
9.94
9.08
9.75
7.95
6.18
6.22
7.83
7.02
8.42
8.04
Sarasota
County GW
Calendar Year 2001
Charlotte
County GW
29.47
31.15
32.84
30.62
32.82
35.36
29.16
13.52
25.62
25.18
31.91
32.75
32.72
Manatee
County SW
13.08
12.77
12.80
12.31
13.33
12.72
12.53
12.25
13.53
13.57
12.02
14.48
14.62
Manatee
County GW
15.67
15.99
20.08
18.24
9.87
4.85
4.29
24.42
7.63
14.61
22.62
25.57
19.90
PRMRWSA
SW
2.77
0.00
0.00
0.03
10.09
15.52
7.50
0.01
0.05
0.02
0.00
0.00
0.00
PRMRWSA
ASR
0.53
0.52
0.57
0.63
0.38
0.47
0.41
0.44
0.57
0.54
0.57
0.66
0.56
0.45
0.40
0.41
0.37
0.37
0.41
0.94
0.42
0.42
0.42
0.39
0.39
0.45
DeSoto
County GW
8.32
8.82
9.25
9.05
8.75
7.76
7.19
7.78
10.34
6.90
8.35
7.59
8.09
Sarasota
County GW
Calendar Year 2004
Charlotte
County GW
28.64
29.87
25.92
30.57
32.43
33.51
29.58
24.15
26.73
24.25
26.14
31.31
29.23
Manatee
County SW
14.62
13.15
15.31
15.67
15.50
15.51
15.25
15.56
12.67
13.10
15.81
14.44
13.51
Manatee
County GW
18.02
20.13
20.63
19.34
16.46
10.93
11.88
20.40
20.61
21.76
PRMRWSA
SW
2.09
0.00
0.00
0.00
0.91
12.46
5.44
0.00
0.00
0.00
PRMRWSA
ASR
0.58
0.65
0.70
0.65
0.66
0.52
0.50
0.55
0.48
0.50
Charlotte
County GW
0.45
0.40
0.42
0.44
0.39
0.48
0.45
0.48
0.49
0.48
DeSoto
County GW
8.28
9.01
10.07
8.56
8.79
8.19
7.48
8.63
6.84
6.99
Sarasota
County GW
Calendar Year 2005
7.99
9.30
8.38
8.63
10.68
8.27
7.26
7.65
7.16
7.49
7.61
7.83
5.65
Sarasota
County GW
Calendar Year 2003
Charlotte
County GW
Peace River/Manasota Regional Water Supply Authority and Member Governments
Average Monthly Prodution
0.41
0.47
0.51
0.49
0.00
0.88
0.34
0.28
0.33
0.35
0.37
0.47
0.43
DeSoto
County GW
Calendar Year 2001
Charlotte
County GW
PRMRWSA - Peace River/Manasota Regional Water Supply Authority
Manatee County is a Member of the PRMRWSA, However No Withdrawal Quantities Are Transferred to Manatee
6.40
11.95
9.85
3.93
4.98
1.33
0.00
0.00
0.00
0.01
0.00
0.02
0.00
0.00
0.00
3.63
0.00
11.38
8.16
6.20
6.22
15.32
9.14
0.89
PRMRWSA
ASR
3.21
5.08
PRMRWSA
SW
6.40
11.95
9.85
3.93
4.98
1.33
0.00
0.00
0.00
0.01
0.00
0.02
PRMRWSA
ASR
0.00
0.00
0.00
3.63
0.00
11.38
8.16
6.20
6.22
15.32
9.14
0.89
PRMRWSA
SW
Peace River/Manasota Regional Water Supply Authority and Member Governments
Average Monthly Production
28.30
28.85
31.51
28.94
30.92
30.36
23.55
23.43
27.49
29.70
Manatee
County SW
26.45
24.80
26.00
27.41
35.26
32.27
25.72
22.72
19.69
20.69
26.67
28.90
27.32
Manatee
County SW
14.65
15.17
10.96
15.21
15.08
15.34
14.77
15.11
14.83
15.40
Manatee
County GW
15.22
15.22
16.21
14.67
14.57
13.68
14.62
16.05
16.21
15.56
15.26
15.21
15.34
Manatee
County GW
37
0
Date
Total SW Permitted
Total GW Permitted
60
60
20
80
80
40
100
100
City of Tampa - Annual Average Withdrawals
Annual Average Production Chart
Jan-02
Feb-02
Mar-02
Apr-02
May-02
Jun-02
Jul-02
Aug-02
Sep-02
Oct-02
Nov-02
Dec-02
Jan-03
Feb-03
Mar-03
Apr-03
May-03
Jun-03
Jul-03
Aug-03
Sep-03
Oct-03
Nov-03
Dec-03
Jan-04
Feb-04
Mar-04
Apr-04
May-04
Jun-04
Jul-04
Aug-04
Sep-04
Oct-04
Nov-04
Dec-04
Jan-05
Feb-05
Mar-05
Apr-05
May-05
Jun-05
Jul-05
Aug-05
Sep-05
Oct-05
Nov-05
Dec-05
0
20
40
38
Note
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Avg.
Month
2.02
56.55
12.15
30.14
31.08
30.21
0.87
7.76
7.54
14.05
15.46
1.78
4.30
2.13
0.49
TBW
63.50
66.55
65.99
70.82
66.51
50.82
51.68
61.37
65.61
63.78
68.67
66.29
63.89
2.98
0.00
0.00
0.89
8.96
9.78
9.99
2.69
0.00
0.00
2.96
0.45
0.00
ASR
Recovery
2.61
0.00
0.00
0.00
0.11
19.96
11.28
0.00
0.00
0.00
0.00
0.00
0.00
TBW
Calendar Year 2002
Hills. River
Reservoir
71.40
64.47
64.85
66.86
73.62
72.16
67.07
65.63
68.34
75.99
79.97
80.41
77.45
1.77
0.00
0.00
0.00
0.88
7.18
7.50
5.67
0.00
0.00
0.00
0.00
0.00
ASR
Recovery
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TBW
Calendar Year 2003
Hills. River
Reservoir
76.13
74.81
73.01
75.27
79.08
85.34
76.52
72.61
69.21
69.46
77.22
81.76
79.27
3.40
0.00
0.00
4.88
9.24
8.95
9.52
6.61
1.60
0.00
0.00
0.00
0.00
ASR
Recovery
0.07
0.00
0.00
0.00
0.00
0.68
0.18
0.00
0.00
0.00
0.00
0.00
0.00
TBW
Calendar Year 2004
Hills. River
Reservoir
ASR Storage Volumes are Subtracted from the Hillsborough River Reservoir Withdrawals to Eliminate Double Accounting
0.00
0.00
1.98
6.03
10.55
3.36
2.28
0.00
0.00
0.00
0.00
0.00
ASR
Recovery
41.85
43.02
32.90
64.88
59.93
59.97
50.84
54.79
64.92
65.57
69.48
70.49
Hills. River
Reservoir
Calendar Year 2001
CITY OF TAMPA AVERAGE MONTHLY PRODUCTION
76.61
83.24
81.12
73.87
72.11
76.53
69.47
73.16
77.40
82.55
3.43
0.00
0.00
2.26
9.84
8.85
9.20
0.70
0.00
0.00
ASR
Recovery
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TBW
Calendar Year 2005
Hills. River
Reservoir
39
0
Date
Total GW Permitted
Total SW / Desal Permitted
100
100
50
150
150
200
Tampa Bay Water - Annual Average Withdrawals
Annual Average Use Chart
Jan-02
Feb-02
Mar-02
Apr-02
May-02
Jun-02
Jul-02
Aug-02
Sep-02
Oct-02
Nov-02
Dec-02
Jan-03
Feb-03
Mar-03
Apr-03
May-03
Jun-03
Jul-03
Aug-03
Sep-03
Oct-03
Nov-03
Dec-03
Jan-04
Feb-04
Mar-04
Apr-04
May-04
Jun-04
Jul-04
Aug-04
Sep-04
Oct-04
Nov-04
Dec-04
Jan-05
Feb-05
Mar-05
Apr-05
May-05
Jun-05
Jul-05
Aug-05
0
50
200
40
148.20
145.33
143.59
144.03
145.43
145.95
144.92
142.89
141.16
138.57
135.46
131.45
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
1.04
1.28
1.48
1.49
1.75
2.03
2.33
2.84
3.27
3.41
3.59
3.88
BUDWF
0.37
0.37
0.40
0.43
0.44
0.38
0.34
0.32
0.29
0.27
0.20
0.18
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TPA Hiils Int. TPA 301 Int.
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TBW Desal
Consolidated
Permit
77.65
76.42
74.89
76.01
77.53
83.03
84.60
86.18
85.66
85.71
86.12
86.48
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.04
1.48
3.77
6.11
6.83
ESWP
127.04
122.51
118.24
113.22
105.68
99.26
94.21
89.01
86.63
83.31
80.56
79.37
Consolidated
Permit
21.07
21.13
20.91
20.69
20.21
20.01
20.52
20.81
21.31
21.58
21.92
22.33
SCHRWF
4.00
3.90
3.76
3.97
3.92
3.73
3.59
3.44
3.23
3.43
3.64
3.71
0.18
0.19
0.28
0.33
0.52
0.71
0.89
0.85
0.97
1.12
1.24
1.41
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.11
22.49
22.46
22.71
23.10
23.66
24.21
24.21
23.89
23.42
23.06
23.02
22.89
SCHRWF
3.78
3.95
4.17
4.14
4.02
4.07
4.28
4.52
4.78
4.88
4.87
4.89
BUDWF
1.57
1.57
1.55
1.67
1.70
1.60
1.48
1.48
1.38
1.39
1.45
1.44
0.25
0.54
0.81
1.13
1.37
1.44
1.44
1.50
1.50
1.50
1.50
1.39
8.93
10.11
10.28
9.35
7.86
7.66
7.80
7.68
7.28
6.60
5.82
4.74
TBW Desal
42.84
43.15
45.19
45.51
45.80
41.86
41.03
40.35
41.40
42.60
43.84
44.75
ESWP
87.82
91.19
91.34
91.01
90.82
86.41
87.21
88.31
92.69
96.19
98.42
Consolidated
Permit
22.86
23.05
22.81
22.71
22.30
21.68
21.49
21.84
22.16
22.06
21.58
SCHRWF
4.84
4.74
4.70
4.69
4.69
4.68
4.60
4.47
4.39
4.41
4.51
BUDWF
1.41
1.58
1.52
1.32
1.08
0.99
0.93
0.93
0.88
0.69
0.51
1.25
0.97
0.70
0.38
0.24
0.37
0.37
0.30
0.36
0.36
0.36
2.98
1.91
1.72
1.70
1.66
1.30
1.16
1.03
0.97
0.78
0.73
TBW Desal
Calendar Year 2005
Ground Water
Surface Water / Desal
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TBW Desal
Calendar Year 2003
BUDWF
Groundwater
TAMPA BAY WATER ANNUAL AVERAGE PRODUCTION
23.19
23.10
23.43
23.60
23.84
23.90
23.60
23.09
22.61
22.23
21.55
21.09
SCHRWF
Calendar Year 2002
Calendar Year 2004
Groundwater
Consolidated
Permit
Month
Groundwater
TAMPA BAY WATER ANNUAL AVERAGE PRODUCTION
46.22
45.06
45.01
45.79
46.22
50.26
49.81
50.11
ESWP
10.76
14.77
17.38
19.94
22.30
26.30
31.09
35.51
37.22
38.69
40.44
43.27
ESWP
Routine Report
54. Significant Water Supply and Resource Development Projects
This report provides information on significant water supply and resource development
projects in which the Governing Board is participating in the funding. The report provides
a short status of significant activities associated with the project that have recently
occurred or are about to happen. For greater detail refer to the Project Notes write-ups or
request information directly from the project managers.
Lake Hancock Lake Level Modification Project - The Governing Board approved
moving forward with submittal of the Conceptual ERP at its January meeting, with the
understanding that staff is finalizing issues associated with the Polk County landfill, prior to
any application submittal. Since the meeting, Polk County and District staffs have met to
discuss the project. Arrangements have been made to coordinate the County's landfill
permit with the District's permit. Both permits will be reviewed by the FDEP and are based
on existing conditions. The County has recommended a Memorandum of Agreement be
entered into between the County and District to formalize any agreements related to the
operation of the landfill and District project. Opportunities exist within the properties
owned by the District, adjacent to the lake, to mitigate any project impacts to the landfill.
Lake Hancock Outfall Treatment Project - District staff is bringing this project to the
Governing Board for a full presentation in February (see recap under Discussion Items for
details). In addition to what is described in the recap, staff met with representatives from
the HydroMentia Group, the entity that has the proprietary license to the Water Hyacinth
Scrubber technology alternative that was investigated as part of the District's feasibility
study of treatment technologies. District staff has also discussed with the SFWMD their
experiences with the HydroMentia technology, seeking their findings on performance.
Peace Creek Watershed - Staff continues to coordinate with Senator Alexander's office
on legislation that will expand the Lakes Region Lakes Management District. The
coordination is to ensure what areas of the Peace Creek Canal the District will assume
maintenance over. Watershed modeling continues with the goal to be complete at end of
calendar year 2006. At completion, we will have the tool to assess what changes can be
done to the existing system to improve flood protection and water conservation. Land
Resources continues to coordinate with the NRCS on potential land acquisitions that
would be integral to water storage and treatment within the watershed. During the
hurricane debris cleanup, several areas of the system were identified as needing
sediments removed to restore the system to its original configuration. Staff is coordinating
with those landowners seeking their permission to enter their property and perform
maintenance using funds budgeted by the Governing Board and Peace Basin in FY 2006.
The District continues to provide aquatic plant maintenance in the canal. Staff expects to
request funding in FY 2007 for implementation of improvements within the watershed in
2007.
Hurricane Debris Removal - Staff expects to have completed all its contracted hurricane
debris removal activities by the February Governing Board. See the recap under
Discussion Items for details of the project. The recap documents the remarkable
accomplishments of this effort. What is not pointed out in the recap, is the efforts of those
staff that were responsible for seeing the efforts through. The hurricane debris removal
effort was extraordinary not only in shear volume of debris and area covered, but also in
the administration of the effort. This was an unforeseen task that required immediate
attention and involved many areas of the District to implement. Procurement of
41
contractors and consultants, contractual arrangements with contractors, landowners and
State and Federal agencies was daunting. The District entered into near 600 license
agreements with landowners to access their property and conduct work. The following
departments played a major role in this effort: Finance, Operations, Regulatory, Legal,
Land Resources and Resource Management. Special recognition needs to be given to
Dawn Turner from the Resource Management Department's engineering section, as she
was asked to head up this assignment. This District learned a great deal from this effort
and as a result, the District will be better prepared for future events.
Tampa Bay Water Seawater Desalination Facility Repair
American Water Pridesa (AWP) assumed operation of the plant on January 8, 2005 and
began full-scale pilot testing on January 31, 2005. Testing will continue during the
remediation process. Submitted for the remediation process were Environmental
Resource, NPDES, Public Drinking Water System, Hillsborough County Growth
Management and Hillsborough County Building permits. All permits have been issued or
are scheduled for issuance. In addition, AWP developed and submitted the 100% design
packages, final specifications and all contractually required items necessary to move from
the Development Period to the Construction Period, as outlined in their Agreement with
TBW. A construction notice to proceed was issued on October 24, 2005. Remediation
completion is still scheduled for October 2006.
Tampa Bay Regional Reclaimed Water Project
The partners continue to meet and move forward on key elements of the project. TBW
has received a second request for additional information on their augmentation
application. The primary focus of this last request from FDEP is related to the calibration
of the model used to assess nutrient impacts and dissolved oxygen. A decision on the
permit is not expected until the fall of 2006. The partners have formed a sub committee to
work on the language for the Master Agreement. The agreement will outline the
framework by which the partners will coordinate, including specific language on when and
how a partner can withdraw from the project. A final draft is expected in the next few
months. The project costs are being updated to reflect the current configuration of the
project. Associated costs for transmission, storage and treatment elements are being
allocated to each partner based on the allocation of water. Water allocation (how much
does each partner get and when) is the basis for pipeline sizing and associated
infrastructure. Staff is looking at whether MFL development on the TBC, Sulphur Springs
and Lower Hillsborough River will have an impact on the project in terms of location of
augmentation and flows. Changes in location and flows could alter pipe sizes and
associated infrastructure requiring a reconfiguration of project components.
Peace River/Manasota Regional Water Supply Authority
Regional Expansion Projects (F032 & F033)
The Authority's consultant for the Regional Reservoir Expansion project (F032) continues
to move forward with final design, permitting and bid phase services. Three meetings
were held with District and DEP staff to discuss the 30% design plans and various
mitigation issues. Other items discussed included public involvement, construction source
water testing, easements and overall permitting schedule. It is anticipated that a final bid
package will be distributed in September followed by a notice to proceed with construction
in December 2006. The Authority has decided to divide construction of the Facility
Expansion Project (F033) into three contracts. The first contract focuses on site
preparation and a notice to proceed is scheduled for September 2006. The second
contract is for major facility changes and additions. Some of these include construction of
a maintenance building, dewatering facility, filters, storage tanks, thickeners and chemical
feed and disinfection stations. It is anticipated that the Authority will issue a notice to
proceed with construction for the second contract
in December 2006. The third contract is
42
for the construction an operations center and a notice to proceed with construction is
scheduled for September 2006.
GAP Plan
The Authority submitted a conjunctive water use permit to the District on February 1, 2006.
Coordination and communication on the conjunctive water use permit will continue among
the District, local governments and the Authority. Individual follow-up meetings, with the
District and Authority will be held as needed with each participating local government to
discuss information and data needs required during the permitting process. Other regional
opportunities and strategies with local governments, agencies and other entities continue
to be researched and explored by Authority staff and the Authority’s general engineering
services consultant.
Regional Integrated Loop System Feasibility/Routing Study
The District received a draft technical memorandum for the first phase of the project. This
phase of the study focused on interconnecting the Authority and Punta Gorda's water
treatment plant on Shell Creek. This interconnection is a necessary component of the
GAP plan and would provide the Authority with an additional water supply source until the
expansion projects are completed. As per Board direction in December, the Authority
issued a request for qualifications on February 1, 2006. Qualification statements are due
March 3, 2006 and a notice to proceed is scheduled for issuance in June 2006.
Additionally, the Authority's Board approved a consultant services contract with HDR. The
contract is for professional engineering and technical services for the development of a
design criteria package, performance of geotechnical field investigation and contract
negotiation services the first phase of this project. Additional interconnections to Manatee
County and the City of North Port are currently being investigated. The final two phases of
the feasibility study are planned for completion in September 2006. FY 2007 Cooperative
Funding applications were submitted to the District for all three interconnects. The
Authority will continue to meet with local governments to discuss points of connection,
planned system improvements, planned corridors and other issues.
Integrated Regional Water Supply Water Master Plan
The Integrated Regional Water Supply Master Plan (IRWSWMP) will further develop the
Authority's ongoing water supply planning efforts by identifying projects that will be
incorporated into the Authority's Capital Improvements Program. The IRWSWMP will also
detail how these projects will be incorporated into the Regional Loop System. The
Authority's consultant provided an overview on modeling alternatives for a regional system
approach. A draft technical memorandum describing the modeling alternatives was
prepared and the Authority's consultant hosted a workshop on February 2, 2006 to discuss
the document. A final draft will be presented to the Board in March. A FY 2007
Cooperative Funding application was submitted to the District, requesting funding for the
Integrated Regional Water Supply Water Master Plan.
Other
The City of Punta Gorda, Charlotte County and the Authority continue to jointly draft an
interlocal agreement regarding water supply and pipeline interconnects. Issues include
ownership, cost sharing and project implementation.
Presenter: Bruce C. Wirth, Deputy Executive Director
43
44
Routine Report
55. Florida Forever Status Report
Attached for the Board’s use and information is the monthly funding status report for the
Florida Forever program. The projects have been categorized as acquisitions or projects
for: restoration; capital improvements for restoration; water resource development; and
preservation. In addition to Florida Forever funding, staff continues to explore all funding
opportunities.
See Exhibit
Presenter: Fritz H. Musselmann, Director, Land Resources Department
45
Lake Pretty - Robinson (14-009-108)
Weekiwachee Preserve - GMB Investments (15773-183)
Tampa Bay - Furtick (21-728-121)
Prairie/Shell Creek - Burchers (20-649-105)
Prairie/Shell Creek - Leonard (20-649-104)
Alafia River Corridor - Fish Hawk (11-709-131)
Myakka River - Eagle Ridge (21-708-126)
Completed Acquisitions
Panasoffkee/Outlet Tract - Gibbons (19-441-105)
Annutteliga Hammock (mega parcels)
Weekiwachee Preserve - Wooley (15-773-168)
Weekiwachee Preserve - Jones (15-773-121)
Weekiwachee Preserve - Leahon (15-773-180)
RV Griffin Reserve - Longino (21-599-102C)
Annutteliga Hammock - Strait (15-228-1204)
Green Swamp - Distefano (10-200-1242)
Parcel/Project
Florida Forever Funds Available -- Inception to
Date
Florida Forever Status
02/01/2006
Tampa Bay - Shell Pit (11-728-109)
Flying Eagle - Boy Scouts (19-334-133)
Annutteliga Hammock - Kalathakis (15-228-1268)
Green Swamp - Davis (10-200-1238)
Lake Manatee Lower Watershed - Strickland (21601-111C)
Tampa Bay - Huber (21-728-105)
Panasoffkee/Outlet Tract - Lake Panasoffkee
Water Assoc. (19-441-107)
Tampa Bay - TECO (11-728-110)
Lake Panasoffkee - Beville (19-528-135)
Lake Panasoffkee - Beville (19-528-135C)
Annutteliga Hammock - 1029 Land Trust (15-2281207)
Pasco 1 - Connerton (15-704-102)
Lake Hancock - Old Florida Plantation (20-502101)
Tampa Bay - Pine Island (21-728-118)
Tampa Bay - Kushmer (11-728-108)
46
$
197,332,719
Funds Available
Preservation
Restoration land acq
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Water resource
dev - land acq
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Water resource
dev - land acq
Fla Forever
Category
60,000
9
450,000
9
1,713,572
3,287,657
9
9
225,180
395,672
13,500,000
9
9
90,000
10,500
57,000
30,500,000
9
1,087,200
9,792,677
1,840,000
4,160,000
82,500
9
422,000
830,000
254,016
85,036
4,800,000
1,670,269
74,758
205,744
869,732
317,785
42,933
1,188,231
179,200
1,125
Estimated Cost
9
9
9
9
9
9
SWUCA
147
5,484
16
25
6
102
2,347
3,535
288
2,981
525
86
16
56
3
127
108
40
899
997
32
3
10
38
65
54
49
Fee
Acres
Closed 09/23/2004
Closed 10/13/2004
Closed 08/18/2004
Closed 12/18/2003
Closed 12/11/2003
Closed 11/21/2003
Closed 09/24/2003
Closed 09/29/2003
Closed 09/18/2003 - used WMLTF funds
Closed 08/09/2003
Closed 07/18/2003
Closed 03/27/2003
Closed 12/30/2002
Closed 01/16/2003
Closed 01/16/2003
Closed 02/06/2003 - used P2000 & Florida Forever funds
Closed 02/07/2003
Closed 01/18/2001
Closed between 08/09/2001 and 02/09/2005 - 23 parcels
Closed 10/04/2001
Closed 10/12/2001
Closed 03/13/2002
Closed 07/18/2002 - used P2000 & Florida Forever funds
Closed 07/22/2002
Closed 08/09/2002
Closed 12/02/2004
Closed 12/14/2004
Governing
Bd Date
Page 1 of 3
Comments
Includes $10.4 million from the Water Management Lands Trust Fund
and $3,182,719 from the P2000 Trust Fund
25 Closed 11/16/2004
507
5,553
3,802
LTF
Acres
South Saddle Creek Restoration and Water Quality
Treatment Project
Lake Hancock - Kent (20-503-107)
Lake Hancock - Coscia and Nguyn (20-503-102)
Subtotal Completed Parcels/Projects
Subtotal Funds Available
Parcels/Projects Approved By Board (Funds
Encumbered within DEP Trust Fund)
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Flying Eagle - Keough (19-334-137)
Green Swamp East - Overstreet (10-200-1145)
Green Swamp West - Hawk Ranch (19-410-119C)
Lake Panasoffkee - Patterson (19-528-112)
Lake Panasoffkee - Chandler (19-528-142)
Lower Manatee River Floodway - Bowman (21-601102)
Lower Manatee River Floodway - Riggs National
Property Co. (21-601-103)
02/01/2006
Water resource
dev - land acq
Water resource
dev - land acq
Lake Hancock - Hampton (20-503-103)
Upper Peace River - Clear Springs, LLC (20-502107)
78,641,560
Water resource
dev - land acq
Restoration capital
improvement
$
95,803,956
Preservation
Preservation
Preservation
Preservation
Water resource
dev - land acq
Preservation
Preservation
Preservation
Fla Forever
Category
Preservation
dev - land acq
Tampa Bay - FISH (21-728-117C)
Subtotal Parcels/Projects Approved By Board
Subtotal Funds Available
Ongoing Acquisitions/Projects
$
Funds Available
Parcel/Project
Green Swamp - Beck (10-200-1246)
Lake Hancock - Griffin (20-503-105)
Weekiwachee Preserve - Suncoast Seabird
Sancturary (15-773-128)
Annutteliga Hammock - Rush (15-228-1280)
Lower Peace River Corridor - McLeod (20-695101)
Green Swamp West - Little Everglades Ranch (19410-120C)
Myakka River - LOR, Inc. (21-708-125)
Green Swamp - Jones (10-200-1251)
Green Swamp - Glass (10-200-1254)
47
9
9
26
12
120
1
5,000
10
1,900
370
N/A
370
590
22,610
9
17,162,396
13,435,446
3,726,950
5,225,000
101,528,763
3,319
3
20
62
309
40
Fee
Acres
15
213
2,036
$
$
$
3,784,550
7,999,807
2,200
200,000
309,550
625,139
278,480
Estimated Cost
11,250
$
4,900,000
9
9
9
9
9
9
9
9
SWUCA
Closed 02/09/2005
Closed 12/30/2004
Closed 02/09/2005
Comments
Closed 12/14/2004 - used P2000 funds
Closed 12/30/2004
-
485
15
N/A
11,679
Planned for development
Owner will not discuss until after 07/2006
Appraisals ordered
Appraisal value below owner expectations; preparing offer
Page 2 of 3
TBD
TBD
Apr-06
Apr-06
Apr-06
Mar-06
Joint acquisition with Polk Co.; made offer; awaiting landowner's
response
Offer being reviewed
Apr-06
Ordered appraisals
TBD
TBD
Owner declined offer; negotiations continuing
TBD
FISH to reschedule meeting
Aug-05
Governing
Bd Date
Owner filed inverse condemnation lawsuit against District; first
mediation did not result in settlement; Office of General Counsel
considering options
Funds encumbered
Closing scheduled for first quarter of calendar year 2006
Closed 08/04/2005
1,792 Closed 02/11/2005
Closed 03/18/2005 - used WMLTF & Florida Forever funds
Closed 05/31/2005
Closed 06/01/2005
LTF
Acres
Preservation
Preservation
Preservation
Lower Manatee River Floodway - Green (21-601110)
Lower Manatee River Floodway - Potter (21-601111)
Grand Total
9
9
9
9
9
$
$
215,295,159
96,604,000
Estimated Cost
32,276
20
9,296
21
43
8
40
11
7
34
7
Fee
Acres
12,179
500
LTF
Acres
02/01/2006
Page 3 of 3
Apr-06
TBD
Owner reviewing proposal
TBD
TBD
Letter sent to owner to determine their interest in selling; no response
TBD
Letter sent to owner to determine their interest in selling; not interested
in selling
Owner not interested in selling at this time; future government sale
contingent on preservation of historic home
TBD
TBD
TBD
TBD
Governing
Bd Date
Letter sent to owner to determine their interest in selling; owners'
attorney responded
Owner not interested in selling; requested no further contact
Comments
Note that projected monies to be spent exceed current funding. This is due to the fact that not all acquisitions will be consummated since the District’s acquisition program is opportunity-driven and primarily
voluntary.
(17,962,440)
Preservation
Lower Manatee River Floodway - Hartzell (21-601109)
$
Preservation
Lower Manatee River Floodway - Grindler (21-601108)
Preservation
Preservation
Lower Manatee River Floodway - Williams (21-601107)
Potts Preserve - Goodgame (19-484-123)
Subtotal Ongoing Acquisitions/Projects
9
Preservation
Lower Manatee River Floodway - Knowles (21-601106)
9
9
Lower Manatee River Floodway - Stewart (21-601105)
SWUCA
Fla Forever
Funds Available
Category
Parcel/Project
Lower Manatee River Floodway - Knowles (21-601104)
Preservation
48
Routine Report
56. Land Resources Department Significant Activities
Fire Management (District-wide) – Staff completed approximately 4,857 acres of
prescribed burning during fiscal year 2006 on 12 District conservation lands.
P-5 Structure (Peace River Basin Board, Polk County) – At their December meetings,
the Peace River Basin Board and Governing Board approved $171,776 for the repair of
the P-5 Structure, located south of Lake Henry in Polk County. The condition of the
structure had deteriorated to a point that it required daily inspection. The Land Resources
Department, in coordination with the Operations Department obtained license agreements
to allow access and the ability to perform activities necessary to repair the structure.
These efforts should allow the repairs to begin as proposed during mid-February.
Presenter: Fritz H. Musselmann, Director, Land Resources Department
49
50
Routine Report
57. Minimum Flows and Levels Status Report
District staff continues to work on various phases of Minimum Flows and Levels (MFLs)
development for waterbodies on the District's MFLs priority list. Attached for the Board's
use and information is the current Minimum Flows and Levels Priority List and Schedule –
Waterbody Timelines report that identifies the status of each waterbody in regard to our
five phase process of MFL establishment.
See Exhibit
This item is provided for the Board's information, and no action is required.
Presenter: Martin H. Kelly, Ph.D., Manager, Resource Conservation & Development Dept.
51
52
2006 Priority List
Schedule and Timeline
Exhibit A
LAKES
Phase 1
Data Collection
Phase 2
Data Analysis
& Draft MFL Report
Phase 3
Peer Review
Phase 4
Recovery
Strategy
Phase 5
Rule Adoption
completed
completed
NA
TBD
Dec 2005
completed
completed
completed
completed
NA
NA
NA
Jan 2005
completed
Mar 2005
completed
completed
completed
completed
completed
completed
NA
NA
NA
NTB/Aug 2000
NTB/Aug 2000
NTB/Aug 2000
completed
completed
completed
completed
completed
NA
TBD
Dec 2005
Polk County Lakes
Bonnie
Crooked
Parker
Sumter County Lakes
completed
completed
completed
completed
completed
completed
NA
NA
NA
Jan 2005
Jan 2005
Jan 2005
Mar 2005
Mar 2005
completed
Big Gant
completed
completed
NA
TBD
Dec 2005
Deaton
completed
completed
NA
TBD
Dec 2005
Miona
completed
completed
NA
TBD
Dec 2005
Panasoffkee
completed
completed
NA
TBD
Dec 2005
Okahumpka
completed
completed
NA
TBD
Dec 2005
Jun 2006
Aug 2006
NA
TBD
Dec 2006
2005
Citrus County Lake
Tsala Apopka
Highland County Lakes
June-in-Winter
Placid
Hillsborough County Lakes
Allen
Harvey
Virginia
Levy County Lake
Marion
2006
Citrus County Lake
Ft. Cooper
Pasco County Lakes
Crews
Jun 2006
Aug 2006
NA
TBD
Dec 2006
Iola
Jun 2006
Aug 2006
NA
TBD
Dec 2006
Jessimine
Jun 2006
Aug 2006
NA
TBD
Dec 2006
King
Jun 2006
Aug 2006
NA
TBD
Dec 2006
Jun 2006
completed
Jun 2006
Aug 2006
completed
Aug 2006
NA
NA
NA
TBD
NTB/Aug 2000
TBD
Dec 2006
Dec 2005
Dec 2006
Jun 2006
Aug 2006
NA
TBD
Dec 2006
Jun 2006
Aug 2006
NA
TBD
Dec 2006
Jun 2006
Jun 2006
completed
Jun 2006
Jun 2006
Jun 2006
Jun 2006
Aug 2006
Aug 2006
TBD
Aug 2006
Aug 2006
Aug 2006
Aug 2006
NA
NA
NA
NA
NA
NA
NA
TBD
TBD
Jan 2005
TBD
TBD
TBD
TBD
Dec 2006
Dec 2006
TBD
Dec 2006
Dec 2006
Dec 2006
Dec 2006
King (East)
Linda
Pasco
Pierce
Unnamed #22, aka Loyce
Polk County Lakes
Annie
Dinner
Hancock
Lee
Mabel
Starr
Venus
2007
Highlands County Lakes
Angelo
June 2007
Aug 2007
NA
TBD
Dec 2007
Anoka
June 2007
Aug 2007
NA
TBD
Dec 2007
Denton
June 2007
Aug 2007
NA
TBD
Dec 2007
Tulane
June 2007
Aug 2007
NA
TBD
Dec 2007
June 2007
Aug 2007
NA
TBD
Dec 2007
completed
completed
completed
Oct 2006
Oct 2006
Oct 2006
Oct 2001
Oct 2001
Oct 2001
Aug 2000
Aug 2000
Aug 2000
Feb 2007
Feb 2007
Feb 2007
Verona
Hillsborough County Lakes
Raleigh
Rogers
Starvation
53
As of February 1, 2006
2006 Priority List
Schedule and Timeline
Exhibit A
RIVERS and SPRINGS
Phase 1
Data Collection
Phase 2
Data Analysis
Phase 3
Peer Review
& Draft MFL Report
Phase 4
Recovery
Phase 5
Rule Adoption
Strategy
2005
Alafia River System (freshwater)
completed
completed
completed
NA
completed
Middle Peace River System
completed
completed
completed
NA
completed
Upper Myakka River System
completed
completed
completed
NA
completed
Alafia River System (estuary)
Buckhorn Spring
Lithia Spring
completed
completed
completed
Jan 2005
completed
completed
May 2005
completed
Mar 2005
NA
NA
NA
Jun 2005
Jun 2005
Jun 2005
Braden River System (freshwater)
completed
Jun 2005
Oct 2005
TBD
Feb 2006
Sulphur Spings
Tampa Bypass Canal
Lower Hillsborough River (Re-eval)
completed
completed
completed
completed
completed
completed
completed
NA
completed
TBD
Sep 2005 NTB/Aug 2000
Oct 2005
May 2005
TBD
Lower Myakka River System
completed
Oct 2005
Nov 2005
TBD
Jan 2006
Lower Peace River Estuary
completed
July 2005
Nov 2005
NA
Feb 2006
Upper Hillsborough River System
Crystal Spring
completed
completed
Jun 2005
Jun 2005
Oct 2005
Oct 2005
NTB/Aug 2000
NTB/Aug 2000
Feb 2006
Feb 2006
Weekiwachee River System
Weeki Wachee Spring et al.
completed
completed
Jan 2006
Jan 2006
May 2006
May 2006
NA
NA
Jun 2006
Jun 2006
Anclote River System
Jan 2006
July 2006
Nov 2006
TBD
Jan 2007
Cow Pen Slough/Canal
Jan 2007
May 2007
Sep 2007
TBD
Dec 2007
Little Manatee River System
Jan 2006
Sep 2006
Jan 2007
TBD
Feb 2007
Manatee River System
Jun 2006
Nov 2006
Mar 2007
TBD
Apr 2007
Chassahowitzka River System
Jan 2008
Jun 2008
Oct 2008
TBD
Dec 2008
Chassahowitzka Spring et al.
Jan 2008
Jun 2008
Oct 2008
TBD
Dec 2008
Blind Springs
Jan 2008
Jun 2008
Oct 2008
TBD
Dec 2008
Rainbow Springs
Jan 2008
Jun 2008
Oct 2008
TBD
Dec 2008
Homosassa River System
Jan 2009
Jun 2009
Oct 2009
TBD
Dec 2009
Homosassa Spring
Jan 2009
Jun 2009
Oct 2009
TBD
Dec 2009
Middle Withlacoochee River System
Jan 2009
Jun 2009
Oct 2009
TBD
Dec 2009
Upper Withlacoochee River System
(Green Swamp)
Jan 2009
Jun 2009
Oct 2009
TBD
Dec 2009
Crystal River System
Jan 2010
Jun 2010
Oct 2010
TBD
Dec 2010
Kings Bay Spring
(includes Ryles Spring)
Jan 2010
Jun 2010
Oct 2010
TBD
Dec 2010
Gum Springs Group
Jan 2010
Jun 2010
Oct 2010
TBD
Dec 2010
Hidden River Springs 1 and 2
Jan 2010
Jun 2010
Oct 2010
TBD
Dec 2010
2006
2007
2008
2009
2010
54
As of February 1, 2006
Routine Report
58. Hydrologic Conditions Report
This routine report provides information on the general state of the District's hydrologic
conditions, by comparing rainfall, surface water and groundwater levels for the current
month to comparable data from the historical record. The data shown are typically
considered final, fully verified monthly values, but occasionally, due to timing of
publication, some data are identified as "provisional," meaning that the values shown are
best estimates based on incomplete data. The information presented below is a summary
of data presented in much greater detail in the Hydrologic Conditions Report published the
week before the Governing Board meeting, which also includes an updated provisional
summary of hydrologic conditions as of the date of publication. It is available at
http://www.swfwmd.state.fl.us/waterres/hydro/hydro.htm.
Rainfall
Provisional data indicate that rainfall totals were below normal for January. The normal
range is defined as rainfall totals that fall on or between the 25th to 75th percentiles of the
historical average for each month.
• The northern region received an average of 0.81 inches of rainfall, equivalent to the 14th
percentile.
• The central region received 0.99 inches of rainfall, equivalent to the 21st percentile.
• The southern region recorded an average of 0.56 inches of rain, equivalent to the 16th
percentile.
• The District-wide rainfall average was 0.77 inches, equivalent to the 12th percentile.
Streamflow
In January, streamflow decreased in all regions of the District, but remained within the
normal range for those rivers referenced below. Normal streamflow is defined as falling
between the 25th and 75th percentiles.
• The average streamflow at the Withlacoochee River near Holder station in the northern
region was in the 56th percentile.
• The average streamflow measured at the Hillsborough River near Zephyrhills station in
the central region was in the 31st percentile.
• The average streamflow measured at the Peace River at Arcadia station in the southern
region was in the 49th percentile.
Groundwater Levels
Groundwater levels in the Floridan aquifer were within the normal range for all regions
during January.
• The average groundwater level in the northern region decreased 0.58 foot, but was 2.72
feet above the bottom of the monthly normal range of historical values. The normal
range in the northern region is 0 to 4 feet.
• The average groundwater level in the central region decreased 0.49 foot, but was 1.12
feet above the bottom of the normal range. The normal range in the central region is 0
to 6 feet.
• The average groundwater level in the southern region decreased 3.17 feet, but ended
the month 6.74 feet above the bottom of the normal range. The normal range in the
southern region is 0 to 8 feet.
55
Lake Levels
Average lake levels in January were slightly below normal in the northern region, but were
within the normal range for the Tampa Bay, Polk Uplands and Lake Wales Ridge regions.
Normal lake levels are defined as levels that fall between the minimum low management
(MLM) level (normal yearly low), and the minimum flood (MFL) level (normal yearly high).
• Average levels in the northern region decreased 0.23 foot, and were 0.06 foot below the
MLM level.
• Average lake levels in the Tampa Bay region decreased 0.23 foot, but were 0.92 foot
above the MLM level.
• Average lake levels in the Polk Uplands region decreased 0.32 foot, but were 1.98 feet
above the MLM level.
• Average lake levels in the Lake Wales Ridge region decreased 0.54 foot, and were 2.04
feet above the MLM level.
Issues of Significance
The District is now four months into, or approximately halfway through, its annual dry
season. Below-normal rainfall in January has contributed to declining levels in all
hydrologic indicators, but current conditions do not warrant activation of the District's
Water Shortage Plan. After receiving above-normal rainfall for the past few years, water
resources remain in a healthy state and public water supplies are full, including the newly
completed Bill Young Regional Reservoir serving the Tampa Bay area.
Some climate prediction models from NOAA are predicting continuing "drier-than-normal"
conditions District-wide for the remaining dry season (through May).
The National
Drought Monitor shows no drought conditions currently existing in Florida, but the outlook
through May shows the potential for development, based on the NOAA climate model.
Minimal impacts, if any, should be felt from a developing drought later this spring if the
summer rainfall season begins on time and is normal, as is currently expected. Staff will
continue to closely monitor conditions through the rest of the spring dry season.
Abnormally high rainfall amounts were recorded on February 3-4 in advance of a cold
front, delaying any further drought development in the next few weeks. Regional average
rainfall totals of 3.6 inches were recorded in the northern region, 4.58 inches in the central
region, and 2.32 inches in the south, with local accumulations of as much as 18 inches
being reported.
Presenter: Granville Kinsman, Manager, Hydrologic Data Section
56
Routine Report
59. Structure Operations Status Report
In January, several cold fronts passed over the District producing minimal amounts
precipitation. The majority of the District’s water control structures remain in the closed
position. Structure Operations continues to focus on conserving water as the National
Weather Service has forecast developing La Nina (dry weather) conditions to continue for
the next 3 to 6 months. A summary of the operations made in January is as follows:
• Inglis Water Control Structures: The Inglis Main Dam was closed from January 16th until
the 31st to aid in the “spring boil” dye testing conducted by the Florida Department of
Environmental Protection (FDEP, owner) and engineering consultants. Water normally
flowing through the Inglis Main Dam was diverted to the Inglis Bypass Dam for this
period. Inglis Bypass flows and downstream levels were closely monitored during the
test event due to slightly above-normal flow conditions and isolated incidences of
abnormally high tides between January 18 and 30th.
• Withlacoochee River Basin: All of the structures on the Tsala Apopka chain of lakes
remained closed during the month of January. At the Leslie Heifner Structure, the level
on the Floral City Pool is currently 0.84 foot higher than the level of the Withlacoochee
River.
• Alafia River Basin: The environmental gate at the Medard Reservoir Structure remained
open three inches over January, maintaining levels on the reservoir and providing flow to
the Little Alafia.
• Hillsborough River Basin: At the Flint Creek Structure both gates were opened 0.30 foot
from January 24, to January 27 maintaining the level of Lake Thonotosassa. Average
monthly water level for Lake Thonotosassa was 35.86 feet NGVD.
• Pinellas-Anclote River Basin: The weir gates on the Lake Tarpon Structure (S-551)
were raised to 3.10 feet to maximize water levels. The average January water level of
Lake Tarpon was 3.15 feet NGVD.
• Northwest Hillsborough River Basin: All structures remained closed within the basin for
the month of January.
• Peace River Basin: Both gates on Structure G-90 in Highlands County remained closed
and no operations were conducted on Polk County structures during January.
See Exhibit
Presenter: Gary W. Kuhl, Director, Operations Department
57
STRUCTURE OPERATIONS SECTION HYDROLOGIC REPORT
February 6, 2006
ELEVATION
DIFFERENCE
STRUCTURE
FLINT CREEK
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
37.00
36.50
34.82
34.50
-1.48
-0.98
0.70
1.02
KELL
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
66.00
65.50
63.50
-0.49
0.01
2.01
-0.49
0.01
2.01
STEMPER
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
62.00
61.25
59.50
-0.88
-0.13
1.62
ANNE PARKER
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
62.50
61.75
59.50
60.00
-0.87
-0.12
2.13
18" of stop log installed
Gate open 3" (58.99 crest)
-0.81
-0.21
0.79
Main gates closed
All Drops at 3.10'.
47.27
48.75
48.25
45.75
-1.48
-0.98
1.52
5-6" logs
invert 46.40'
CREST = 33.94' MSL
invert 32.94'
40.44
invert 37.2'
-1.52
-1.02
0.98
invert 38.5'
50.00
49.50
47.50
-1.17
-0.17
1.58
-1.20
-0.70
1.30
Main gates fully open
Drops closed
invert 38.0'
48.80
48.81
invert 45.6'
Lake gauge
Structure gauge
Gates closed
45.56
46.75
46.00
44.00
41.50
41.00
39.00
-1.19
-0.44
1.56
-1.24
-0.74
1.26
CARROLL
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
37.00
36.50
34.50
-0.81
-0.31
1.69
ARMISTEAD
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
44.00
43.00
40.50
-1.64
-0.64
1.86
HILLSBOROUGH RIVER
MORRIS BRIDGE
FOWLER
Flood Stage
32.00
29.00
-4.51
-6.25
WITHLACOOCHEE R.
TRILBY
CROOM
HIGHWAY. 48
LAKE PANASOFFKEE
HOLDER
Flood Stage
61.27
47.94
-8.13
-4.30
40.70
35.52
-0.57
-4.99
ANCLOTE RIVER
ELFERS
Flood Stage
20.00
40.50
40.25
39.94
38.25
-0.82
-0.57
-0.26
1.43
HERNANDO POOL (S353)
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
Two Mile Prairie (max)
39.00
38.75
38.60
36.75
35.00
-0.57
-0.32
-0.17
1.68
-6.06
LESLIE HEIFNER
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
42.50
42.25
41.79
40.25
-1.93
-1.68
-1.22
0.32
39.50
0.03
INGLIS
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
28.00
27.50
26.50
-0.35
0.15
1.15
invert 11.3'
LAKE BRADLEY
MAXIMUM DESIRABLE
42.50
-1.44
41.06
LAKE CONSUELLA
MAXIMUM DESIRABLE
41.50
-1.56
Leslie Heifner closed
Floral City closed
Golf Course closed
Moccasin slough closed
39.68
Brogden Bridge closed
Bryant Slough gates closed
Brogden Bridge
invert 34.25'
38.43
S-353
invert 36.5'
Van Ness closed
S-353 gates closed
28.94
40.57
41.35
Upstream (RIVER level)
Downstream (POOL level)
Gate Closed
invert 35.0'
39.53
37.01
Gates up
27.65
99.00
98.50
96.00
-0.35
0.15
2.65
By-pass gates open 3.90'
Main gates open 0.30'
2162 cfs total flow
39.94
98.65
98.93
invert 91.7'
HENRY (P5)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
126.50
126.00
124.00
-1.12
-0.62
1.38
SMART (P6)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
128.75
128.50
126.50
-0.21
0.04
2.04
FANNIE (P7)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
125.75
125.50
123.50
-0.23
0.02
2.02
HAMILTON (P8)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
121.50
121.25
119.00
-0.21
0.04
2.29
LENA (P1)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW MANAGEMENT
137.00
136.75
134.50
-1.32
-1.07
1.18
JUNE-IN-WINTER (G90)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
75.50
75.00
73.00
-0.72
-0.22
1.78
ARIETTA (P3)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
144.00
142.50
141.00
-2.18
-0.68
0.82
GIBSON
HIGH LEVEL
MAXIMUM DESIRABLE
Low Level
143.50
143.00
141.50
-0.48
0.02
1.52
PARKER
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
131.00
130.75
128.75
-0.14
0.11
2.11
invert 129.15'
PEACE RIVER
BARTOW
ZOLFO SPRINGS
ARCADIA
Flood Stage
8.00
16.00
11.00
-2.03
-7.87
-4.95
5.97
8.13
6.05
LITTLE MANATEE RIVER
WIMAUMA
Flood Stage
11.00
-4.87
6.13
ALAFIA RIVER
LITHIA
Flood Stage
13.00
-4.89
8.11
MYAKKA RIVER
MYAKKA STATE PARK
Flood Stage
7.00
-5.53
1.47
MANATEE RIVER
MYAKKA HEAD
Flood Stage
11.00
-5.74
5.26
Gauge at structure
Gauge on lake
One gate open 3 degrees
125.38
LRLMD
invert 122.0'
128.54
LRLMD
invert 127.2'
125.52
LRLMD
invert 119.5'
121.29
LRLMD
invert 110.5'
135.68
Gates closed
invert 134.47'
74.78
Gates open 0.30'
Overflow at 74.40' MSL
invert 65.37'
Gates open 0.30'
invert 44.0'
40.26
40.43
invert 37.6'
Structure Gauge
Lake Gauge
Gates open 0.40'
Drops: 40.62 - Stems 13.5"
36.19
141.82
Gate closed
invert 137.4'
143.02
Gate closed
Stop log bays at 143.00' crest
invert 141.4'
invert 34.17'
42.36
-8.33
INVERNESS POOL
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
Golf Course
invert 38.0'
Gates closed
invert 35.0'
crest 41.25'
44.33
45.50
44.50
42.75
41.31
Gate closed
39.98
41.50
41.00
39.00
-1.19
-0.94
-0.48
1.06
POSITION OF
STRUCTURE
Gates Closed
41.18
-1.32
-0.82
1.18
42.50
42.25
41.79
40.25
HANCOCK (P11)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
35.42
42.50
42.00
40.00
FLORAL CITY POOL
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
WYSONG-COOGLER
UPSTREAM
DOWNSTREAM
2.99
3.80
3.20
2.20
CURRENT
LEVEL
invert 60.28'
59.69
-1.56
-1.31
0.69
ELLEN-LIPSEY
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
invert 60.25'
-0.31
42.00
41.75
39.75
BAY
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
Two 4" logs installed
Drop gate open 3.0'.
KEYSTONE
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
MAGDALENE
HIGH LEVEL
MAXIMUM DESIRABLE
LOW MANAGEMENT
1-invert 61.5'
2-invert 61.6'
Keene 1: 2-6" log
Keene 2: One 6" log
Keene 3: no logs
Sherry's Brook: 18" of Logs
6.22
-1.08
-0.58
-0.33
1.42
PRETTY
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
invert 64.66'
-1.78
36.50
36.00
35.75
34.00
ISLAND FORD
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
Open
No logs
61.63
WHITE TROUT
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
CRESCENT
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
invert 32.9'
61.12
CYPRESS CREEK
Flood Stage
WORTHINGTON GARDENS
8.00
TARPON (S551)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
Gates open 0.30'
All drop gates: 36.00' MSL
62.51
ELEVATION
DIFFERENCE
STRUCTURE
65.51
63.00
62.50
60.50
MEDARD RESERVOIR
MAXIMUM DESIRABLE
POSITION OF
STRUCTURE
35.52
KEENE
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
HANNA
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
CURRENT
LEVEL
130.86
Gate closed
Gate fully open
27.49
22.75
S-155 is open
53.14
43.64
40.60
40.13
30.53
11.67
58
Water Surface Elevation
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Apr
34.00
34.50
35.00
35.50
36.00
36.50
37.00
37.50
38.00
38.50
39.00
39.50
Lake Level
Low Mgmt.
1-May
Low Mgmt.
1-Jul
Max. Desirable
1-Jun
High Level
10 yr. Flood
1-Sep
1-Oct
1-Nov
1-Dec
High Level
Lake Schedule
10 yr. Flood
Daily Average Values 2005-06
1-Aug
Lake Thonotosassa
Max. Desirable
1-Jan
1-Feb
1-Mar
1-Jan
1-Mar
Lake Surface Area = 824 Acres
Low Slab = 39.0'
Flint Creek Gauge Datum = 32.16
SCADA Device #6807
1-Feb
Low Slab = 144.81'
Structure Gauge Datum = 100.00'
Lake Gauge Datum = 135.00 MSL
SCADA Device Number 2427
Lake Level
Lake Level
1-May
Low Mgmt.
Low Mgmt.
1-Apr
45.00
45.50
46.00
46.50
47.00
47.50
48.00
48.50
49.00
49.50
1-Apr
0.50
1-Apr
1.00
1.50
2.00
2.50
3.00
3.50
4.00
4.50
5.00
5.50
140.00
140.50
141.00
141.50
142.00
142.50
143.00
143.50
144.00
144.50
145.00
Lake Level
Lake Gibson
Water Surface Elevation Above M.S.L.
59
1-Jul
1-Jun
Max. Desirable
1-May
1-Sep
1-Oct
1-Nov
1-Dec
High Level
10 yr. Flood
1-Aug
1-Jul
1-Sep
1-Oct
1-Nov
1-Dec
High Level
10 yr. Flood
1-Aug
Lake Anne Parker
Max. Desirable
1-Jun
Lake Tarpon, S-551
1-Jan
1-Jan
1-Mar
1-Mar
Low Slab = 40.09'
SCADA Device Number: 8491
1-Feb
Lake Surface Area =2,534
SCADA Device # 6491
1-Feb
60
Apr-05
58.50
59.00
59.50
60.00
60.50
61.00
61.50
62.00
62.50
63.00
Level
1-May
Low Mgmt.
May-05
Low Mgmt
1-Apr
62.50
63.00
63.50
64.00
64.50
65.00
65.50
66.00
66.50
67.00
67.50
Lake Level
63.50
Jul-05
Max. Desired
1-Jun
Sep-05
Oct-05
Nov-05
10 yr. Flood
1-Aug
1-Sep
1-Oct
Lake Kell
High Level
1-Nov
High Level
10 Yr. Flood
Mar-06
1-Mar
Low Slab = 68.09'
Lake Gauge Datum = 54.45' MSL
SCADA #1981
1-Feb
Low Slab = 63.68'
SCADA Device #7531
Feb-06
1-Jan
Jan-06
1-Dec
Dec-05
Aug-05
1-Jul
Max. Desirable
Jun-05
Lake Hanna
Lake Level
1-May
Low Mgmt
1-May
Low Mgmt.
58.00
1-Apr
58.50
59.00
59.50
60.00
60.50
61.00
61.50
62.00
62.50
63.00
Lake Level
1-Apr
59.00
59.50
60.00
60.50
61.00
61.50
62.00
62.50
63.00
63.50
64.00
1-Jul
1-Jul
1-Sep
1-Oct
1-Nov
10 yr. Flood
1-Aug
1-Sep
1-Oct
High Level
10 yr. Flood
1-Nov
Lake Stemper
High Level
1-Mar
1-Jan
1-Feb
1-Mar
1-Feb
Lake Surface Area = 58.32 Acres
Low Slab = 63.70
SCADA Device # 2067
1-Jan
1-Dec
1-Dec
1-Aug
Max. Desirable
1-Jun
Max. Desirable
1-Jun
Lake Keene
Level
Low Mgmt
1-Apr
38.50
39.00
39.50
40.00
40.50
41.00
41.50
42.00
42.50
43.00
43.50
44.00
44.50
1-Jun
1-Jun
Max. Desired
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
Bay Lake
10 yr. Flood
1-Aug
1-Sep
1-Oct
1-Nov
High Level
10 yr. Flood
1-Jul
Crescent Lake
High Level
Max. Desired
1-May
1-May
Low Mgmt.
43.0
1-Apr
43.5
44.0
44.5
45.0
45.5
46.0
46.5
47.0
47.5
48.0
Water Surface Elevation in Feet above (MSL)
1-Dec
1-Dec
1-Feb
1-Mar
1-Feb
1-Mar
Low Slab = 44.63'
Structure Gauge Datum = Direct
Read
Lake Gauge Datum = Direct Read
SCADA Device Number = 1667
1-Jan
Lake auge Datum = Direct Read
Lake Surface area = 37 Acres
Low Slab = 47.80'
Structure Gauge Datum = Direct Read
1-Jan
1-Apr
33.50
34.00
34.50
35.00
35.50
36.00
36.50
37.00
37.50
38.00
38.50
WSE
1-Apr
38.00
38.50
39.00
39.50
40.00
40.50
41.00
41.50
42.00
42.50
43.00
Lake Level
Level
61
LOW MGMT
1-May
Low Mgmt
1-May
1-Jun
1-Aug
1-Sep
1-Oct
1-Nov
10 yr.Flood
1-Aug
1-Sep
1-Oct
MAX. DES.
High Level
10 yr. Flood
1-Jul
1-Nov
Lake Island Ford
High Level
1-Jul
Max. Desirable
1-Jun
Lake Carroll
1-Dec
1-Dec
1-Feb
1-Mar
1-Feb
1-Mar
Low Slab = 42.64
SCADA Device number = 1621
1-Jan
Low Slab = 39.50'
1-Jan
62
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
Lake Level
1-May
Low Mgmt.
1-Apr
46.00
46.50
47.00
47.50
48.00
48.50
49.00
49.50
50.00
50.50
51.00
1-Apr
Structure Level
1-Jul
10 yr. Flood
1-Aug
1-Sep
1-Oct
1-Nov
Low Mgmt
Max. Desired
High Level
10 yr. Flood
1-Dec
Lake Magdalene
High Level
1-Jun
Max. Desirable
1-Jan
1-Mar
Low Slab = 51.80'
Structure Gauge Datum = 45.52
1-Feb
Low Slab = 43.53'
Level
1-May
Max. Desired
1-Jun
1-Sep
1-Oct
1-Nov
1-Dec
Min. Flood
1-Aug
1-Sep
1-Oct
1-Nov
Lake Pretty
Max. Des.
High Level
10 Yr. Flood
1-Dec
1-Aug
1-Jul
High Level
1-Jul
1-Mar
1-Feb
1-Mar
Low Slab = 42.35'
1-Feb
(Pretty, Rock, Josephine combined)
Low Slab = 47.10'
SCADA Device #1967
1-Jan
1-Jan
Lakes Ellen and Lipsey
1-Jun
Lake Ellen
1-May
Low Mgmt
1-Apr
41.50
42.00
42.50
43.00
43.50
44.00
44.50
45.00
45.50
46.00
46.50
47.00
47.50
Lipsey WSE
1-Apr
37.50
38.00
38.00
38.50
39.00
39.50
40.00
40.50
41.00
41.50
42.00
42.50
38.50
1-May
Lake Keystone
39.00
39.50
40.00
40.50
41.00
41.50
42.00
42.50
43.00
Lake Level
43.50
63
1-Oct
1-Nov
1-Dec
Schedule
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
141.00
141.50
142.00
142.50
143.00
143.50
144.00
Structure Gauge Datum = 10.00
Lake Level
Low Mgmt.
1-Apr
139.50
1-Apr
1-May
Low Mgmt.
144.50
Lake Level
1-Apr
127.50
140.00
1-Aug
1-Mar
24.50
1-Jul
10 yr. Flood
Lake Rousseau
High Level
1-Feb
Low Slab = 39.41'
1-Jan
140.50
1-Jun
1-Sep
128.00
128.50
129.00
129.50
130.00
130.50
131.00
131.50
132.00
25.00
1-May
1-Aug
1-Jul
Max. Desired
1-Jun
25.50
26.00
26.50
27.00
27.50
28.00
28.50
29.00
29.50
1-May
Low Mgmt
1-Apr
32.50
33.00
33.50
34.00
34.50
35.00
35.50
36.00
36.50
37.00
37.50
38.00
Level
38.50
Lake White Trout
1-Jul
1-Oct
1-Nov
High Level
1-Jul
1-Aug
1-Sep
1-Oct
1-Dec
1-Nov
High Level
1-Jun
1-Sep
1-Feb
1-Mar
1-Mar
Lake Gauge Datum = 100.00'
1-Feb
Low Slab = 131.61
1-Jan
1-Jan
1-Dec
1-Aug
Lake Arietta (P-3)
Max. Desirable
1-May
Max. Desirable
1-Jun
Lake Lowery
64
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
Upstream Level
Max.Desirable
Downsream Level
High Level
Low Mgmt.
Lake Schedule
Low Slab = 47.80'
SCADA Device #6767 & #6766
Level
1-Apr
1-Apr
38.50
38.50
39.50
40.00
40.50
41.00
41.50
42.00
42.50
43.00
43.50
1-May
Low Mgmt
1-May
Low Mgmt
39.00
1-Jul
Level
1-Apr
39.00
1-Jun
Leslie Heifner
Lake Schedule
Max. Desirable
Low Slab = 40.47'
SCADA # 2047
39.50
40.00
40.50
41.00
41.50
42.00
42.50
43.00
43.50
44.00
44.50
1-May
10 yr. Flood
High Level
45.00
Low Mgmt.
Lake Level
Water Surface Elevation in Feet Above
M.S.L.
37.00
1-May
37.50
35.50
1-Apr
38.00
38.50
39.00
39.50
40.00
40.50
41.00
41.50
42.00
36.00
36.50
37.00
37.50
38.00
38.50
39.00
39.50
40.00
40.50
Hernando Pool
1-Jul
1-Sep
1-Oct
1-Nov
1-Dec
10 Yr. Flood
Schedule
1-Aug
1-Sep
1-Oct
1-Nov
High Level
10 Yr. Flood
Schedule
1-Dec
Floral City Pool
High Level
1-Aug
1-Jul
Max. Desired
1-Jun
Max. Desirable
1-Jun
Inverness Pool
1-Feb
1-Mar
1-Mar
Low Slab = 44.10'
SCADA #2007
1-Feb
Low Slab = 42.54'
SCADA # 2027
1-Jan
1-Jan
65
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
Lake Level
High Level
Max Desirable
1-Jun
High Level
10 Yr. Flood
1-Jul
1-Sep
1-Oct
1-Nov
1-Dec
10 yr. Flood
Low Mgmt.
1-Aug
Lake Hancock (P-11)
Max. Desirable
Gauge at Structure
1-May
Low Mgmt.
1-Apr
103.00
102.50
102.00
101.50
101.00
100.50
100.00
99.50
99.00
98.50
98.00
97.50
97.00
96.50
96.00
95.50
95.00
1-Apr
1-Feb
1-Mar
Lake Surface Area = 4,541 Acres
SCADA Device Number = 1767 & 4087
1-Jan
Low Slab = 127.60'
SCADA Device #2187
Level
1-Jul
1-May
1-Oct
1-Nov
High Level
10 Yr. Flood
1-Jul
1-Sep
1-Oct
1-Nov
High Level
10 Yr. Flood
1-Aug
1-Dec
1-Dec
Lake Henry (P-5)
Low Mgmt
Max. Desired
1-Jun
1-Sep
1-Aug
Lake Hamilton (P8)
Max. Desired
1-Jun
Low Mgmt.
Level
1-May
1-Apr
123.00
123.50
124.00
124.50
125.00
125.50
126.00
126.50
127.00
127.50
128.00
1-Apr
118.50
119.00
123.00
119.50
120.00
120.50
121.00
121.50
122.00
122.50
123.00
123.50
124.00
124.50
123.50
124.00
124.50
125.00
125.50
126.00
126.50
127.00
127.50
128.00
Lake Level
Lake Fannie (P-7)
1-Feb
1-Mar
1-Feb
1-Mar
Structure Gauge Datum = 100.00' MSL
S.R. Gauge Datum = 120.00' MSL
1-Jan
1-Jan
66
1-Nov
1-Dec
10 yr. Flood
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
127.00
127.50
128.00
128.50
129.00
129.50
130.00
130.50
Lake Level
Lake Level
1-Apr
Low Mgmt.
Max. Desirable
High Level
10 yr. Flood
Lake Level
1-May
1-May
Low Mgmt
1-Apr
Low Mgmt.
1-Apr
72.00
125.50
1-Sep
1-Mar
126.00
1-Aug
Lake Parker
High Level
1-Feb
Lake Gauge Datum = 132.12
1-Jan
128.00
1-Jul
1-Oct
126.50
1-Jun
1-Sep
1-Aug
128.50
1-May
1-Jul
Max. Desirable
1-Jun
72.50
73.00
73.50
74.00
74.50
75.00
75.50
76.00
76.50
77.00
129.00
129.50
130.00
130.50
131.00
131.50
132.00
132.50
133.00
1-May
Low Mgmt.
1-Apr
133.00
133.50
134.00
134.50
135.00
135.50
136.00
136.50
137.00
137.50
Lake Level
138.00
Lake Lena (P-1)
1-Jul
1-Oct
1-Nov
1-Dec
High Level
10 yr. Flood
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
Max. desirable
High Level
10 Yr. Flood
1-Jun
1-Sep
1-Feb
1-Mar
1-Jan
1-Feb
1-Mar
SCADA Device Number=6136
1-Jan
Low Slab = 131.43'
1-Dec
1-Aug
Lake Smart (P-6)
Max. Desirable
1-Jun
Lake June-in-Winter (G-90)
Routine Report
60. Litigation Report – Non-Regulatory Issues
This is the monthly updated Non-Regulatory Issues Litigation Report.
See Exhibit
Presenter: William S. Bilenky, General Counsel
67
68
3/7/05 – Summons and Complaint served. 3/23/05
– Answer served. 3/28/05 – Amended Answer
served. 6/20/05 – (Defendant's) Notice of
Appearance of Additional Counsel served.
Mediation scheduled for 8/23/05. 8/23/05 –
Mediation initiated and continued to future date.
1/20/06 – Notice of Taking Deposition Duces
Tecum served.
Suit for damages and injunctive
relief alleging inverse
condemnation
Complaint for Declaratory
Judgment regarding lease
C. House
Stewart/B.
Bilenky
F. Miller/B.
Bilenky
10th Judicial Circuit
Court, Polk County/D.
Jacobsen
Hernando County/R.
Tombrink
Hampton, Lynn,
Hampton, Leigh, as
individuals and LSL
Hampton Family
Limited Partnership v.
SWFWMD/Case No.
53-2005-CA-000923
SWFWMD v. Weeki
Wachee Springs, LLC,
et al./Case No. H-27CA-2004-366-RT
Complaint filed and Summons served 3/31/04.
4/2/04 – (SWFWMD's) First Amended Complaint
for Declaratory Judgment and Plaintiff's Motion to
Consolidate served. 4/8/04 – Motion to Dismiss
Complaint served. 7/18/04 – Order Denying Motion
to Dismiss Complaint entered. 8/10/04 – Motion for
Default served. 8/12/04 – Motion to Strike Motion
for Default and Enlarge Time for Response to
Complaint served. 8/17/04 – Notice of Filing of
Petition for Writ of Prohibition, or, in the Alternative,
Notice of Appeal of Non-Final Order served. (See
Appeals) 8/30/04 – Verified Motion for Emergency
Temporary Injunction served. 9/20/04 – Order
Granting Defendants' Motion to Strike, Without
Prejudice, and Ordering Mediation and Conflict
Resolution Procedures, Under Section
164.1041(1), F.S. entered. Mediation held
11/10/05 – Summons and Complaint served.
11/21/05 – Plant City's Motion to Dismiss for
Failure to State a Cause of Action served. 12/13/05
– SWFWMD's Motion to Dismiss and/or Motion to
Abate and/or Motion for a More Definite
Statement'; and Plaintiffs' Amended Complaint
served. 1/3/06 – Hillsborough County's Motion to
Dismiss Counts II and III of Plaintiffs' Amended
Complaint served. 1/10/06 – Defendant,
SWFWMD's Answer and Affirmative Defenses
to Plaintiff's Amended Complaint served.
1/17/06 – Defendant Plant City's Answer and
Affirmative Defenses to Amended Complaint
served.
Suit for damages and injunctive
relief alleging inverse
condemnation
E.
Kohlmyer/J.
Pepper
Hillsborough County
Circuit Court/C. Isom
Ham, Lance H. and
Norma G. Ham v. City
of Plant City,
Hillsborough County
and SWFWMD/Case
No. 05-CA-9419 R
DESCRIPTION
ATTORNEY
COURT/JUDGE
NON-REGULATORY LITIGATION
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT LITIGATION REPORT
February 2006
(Changes in status since last month are in boldface type)
STYLE/CASE NO.
69
STYLE/CASE NO.
70
COURT/JUDGE
ATTORNEY
2
DESCRIPTION
11/18/04. Mediation to be continued. 11/23/04 –
Amended Notice of Hearing served. 1/5/05 - Notice
of Mediation served. Continued mediation held on
2/3/05. 2/14/05 – (SWFWMD's) Motion to Dispense
with Florida Governmental Conflict Resolution Act
served. 2/21/05 – Defendants' Response in
Opposition to Plaintiff's Motion to Dispense with
Florida Governmental Conflict Resolution Act
served. 5/3/05 - Motion to Abate Action Pursuant to
Sections 164.101 – 164.1061, F.S., the Florida
Governmental Conflict Resolution Act served.
5/5/05 – Notice of Hearing served. 5/19/05 –
Plaintiff's Memorandum in Response to
Defendants' Motion to Abate served. 6/16/05 –
Notice of Cancellation of Hearing and Notice of
Hearing served. Hearing set for 6/30/05. 6/27/05 –
Motion to Withdraw served. 6/28/05 - City's
Supplemental Memorandum, Both: (a) in
Opposition to SWFWMD's Motion to Dispense with
Florida Governmental Conflict Resolution Act; and
(b) in Support of City's Motion to Abate Action
Pursuant to §§164.101 – 164.1061, Fla. Stat., the
Florida Governmental Conflict Resolution Act
served. 6/29/05 – Order Granting Motion to
Withdraw entered. 7/6/05 – Order imposing stay of
proceedings until conclusion of Circuit Court
Appellate Panel entered. 7/11/05 - Notice of
Hearing (re: Motion to Dispense) served.
Scheduled for 8/29/05. 8/3/05 – Mediation Results
Report served. 8/5/05 – Mediation Results Report
filed. 8/11/05 – Motion to Quash Plaintiff's Notice of
Hearing for August 29, 2005, and Notice of Hearing
served. 10/29/05 – Notice of Hearing served.
Hearing on Motion to Dispense with Florida
Governmental Conflict Resolution Act scheduled
for 12/12/05. 12/2/05 – Amended Notice of Hearing
served. 12/12/05 – Defendants' Response to
Plaintiff's Memorandum in Support of Plaintiff's
Motion to Dispense with Florida Governmental
Conflict Resolution Act served. 12/14/05 – Hearing
on Motion to Dispense with Florida Governmental
Conflict Resolution Act held. 1/23/06 – Motion for
Weeki Wachee
Springs, LLC, et al. v.
SWFWMD/Case No. H0027-CC-2004-000252
STYLE/CASE NO.
Weeki Wachee
Springs, LLC v
SWFWMD/Case No.
H27-CC-2004-739
71
Hernando County
Court/D. Scaglione
Hernando County
Court/D. Scaglione
COURT/JUDGE
F. Miller/B.
Bilenky
F. Miller/B.
Bilenky
ATTORNEY
3
Verified Complaint for
Declaratory Judgments
regarding landlord/tenant rights
and duties
Complaint for Declaratory
Judgment regarding lease
DESCRIPTION
8/27/04 – Verified Complaint for Declaratory
Judgment for: (a) Temporary and Permanent
Mandatory and Prohibitory Injunctions; and (b)
Declaratory Judgment; Each Regarding (c) the
Complaint filed and Summons served 3/30/04.
Hearing held 5/10/04. 12/22/04 – Defendant's
Motion to Transfer served and Order Denying
Defendant's Motion to Transfer and Granting Leave
to Amend entered. 1/13/05 – Motion to Stay
served. 5/12/05 – Order granting Defendant's
Request to Transfer and Order Denying Plaintiff's
Motion to Abate entered. 5/20/05 – Motion for ReHearing of May 12, 2005, Order on Defendant's
Request to transfer and Motion for Re-Hearing of
May 12, 2005, Order Denying Plaintiff's Motion to
Abate served. 5/25/05 – Order denying Plaintiff's
Motions for Rehearing entered. 6/10/05 – Notice of
Appeal served. 6/16/05 – Motion to Stay Effect
Both of Order Denying Plaintiff's Motion to Abate,
and of Order on Defendant's Request to Transfer,
During Pendency of Appeal Thereof served.
6/27/05 – Defendant/Counter Plaintiff's Response
and Memorandum of Law in Opposition to
Plaintiff/Counter Defendant's Motion to Stay Effect
of Order Denying Plaintiff's Motion to Abate and of
Order on Defendant's Motion to Transfer served.
7/1/05 - Motion for Enlargement of Time to File
City's Reply to SWFWMD's Defendant/Counter
Plaintiff's Response and Memorandum of Law in
Opposition to Plaintiff/Counter Defendant's Motion
to Stay Effect of Order Denying Plaintiff's Motion to
Abate and of Order on Defendant's Motion to
Transfer (See Appeals Case No. H-27-CA-2005620)
Reconsideration of Ruling Establishing
Logistical Requirements for Joint Public
Meeting; and Notice of Hearing served.
(Hearing scheduled for 2/3/06). 2/1/06 –
Plaintiff's Motion for Rehearing; and Notice of
Filing served.
Polk County Circuit
Court/R. Artigliere
5th Judicial Circuit
Appellate Panel
City of Weeki Wachee
and Weeki Wachee
Springs, LLC v.
SWFWMD/Case No. H27-CA-2005-620
COURT/JUDGE
Wormley, Adrian v.
SWFWMD/Case No.
53-2005-CA-0023410000-00
STYLE/CASE NO.
72
B. Bilenky/
F. Miller
F. Miller/J.
Pepper
ATTORNEY
4
Appeal of Order on
Defendant's Request to
Transfer and Order Denying
Plaintiff's Motion to Abate
regarding Case No. H-27-CC2004-252
APPEALS
Claim for injuries resulting from
automobile accident driven by
District employee
DESCRIPTION
6/10/05 –Notice of Appeal served. 6/16/05 – Motion
Both to Stay Effect Both of Order Denying Plaintiff's
Motion to Abate, and Order on Defendant's Request
to Transfer, during Pendency of Appeal, Thereof,
and to Abate Appeal served. 6/27/05 –
Memorandum of Law in Opposition to Appellant's,
City of Weeki Wachee's, Motion to Stay served.
6/28/05 – SWFWMD's Motion to Dismiss Appeal
and Supporting Memorandum of Law served. 7/1/05
– Motion for Enlargement of Time to File City's
Reply to SWFWMD's Memorandum of Law; Order
Declining Jurisdiction and Dismissing Appeal
entered. 7/15/05 – Appellants' Motion for Rehearing
of Order Declining Jurisdiction and Dismissing
Appeal served. 10/17/05 – Order Denying Motion for
Rehearing entered. 11/16/05 – Petition for Writ of
Certiorari, and Motion for Enlargement of Time to
Serve Substantive Arguments served. (See 5th
District Court of Appeal Case No. 5D05-3997 below)
7/19/05 - Summons and Complaint served.
7/27/05 - Answer and Affirmative Defenses served.
Discovery requests served to Plaintiff. Deposition
of Adrian Wormley set for 11/7/05.
Rights and Duties of a Landlord and Tenant, Each
to the Other, Pursuant to the Lease Between
Them, Verified Motion for Temporary Mandatory
and Prohibitory Injunctions, Summons, and Notice
of Hearing (scheduled for 8/27/04) served. 8/30/04
– First Amendment to Verified Complaint for
Declaratory Judgment for a) Temporary and
Permanent Mandatory and Prohibitory Injunctions;
and b) Declaratory Judgment; Each Regarding c)
the Rights and Duties of a Landlord and Tenant,
Each to the Other, Pursuant to the Lease Between
Them served. 9/27/04 – Notice of Filing (Affidavit of
Service) served.
City of Weeki Wachee
and Weeki Wachee
Springs, LLC v.
SWFWMD/Case No.
5D05-3997
STYLE/CASE NO.
Weeki Wachee
Springs, LLC, et al. v.
SWFWMD/5D04-2808
73
5th District Court of
Appeal
5th District Court of
Appeal
COURT/JUDGE
B. Bilenky/
F. Miller
B. Bilenky/
F. Miller
ATTORNEY
5
Appeal of Non-Final Order in
Case No. H-27-CA-2004-366RT
Appeal of Order Denying
Motion for Rehearing regarding
Case No. H-27-CA-2005-620
DESCRIPTION
8/17/04 – Notice of Filing of Petition for Writ of
Prohibition, or in The Alternative, Notice of Appeal of
Non-Final Order served. 8/23/04 – Motion to Strike
Petition served. 8/26/04 – Amended Petition for Writ
of Prohibition, or in The Alternative, Notice of Appeal
of Non-Final Order served. 8/27/04 – Response to
Motion to Strike Petition served. 9/7/04 –
Plaintiffs'/Appellants' Motion for Assessment of
Attorneys' Fees Against Defendant/ Appellee,
Pursuant to Section 57.105, F.S. served. 9/10/04 –
Request for Oral Argument served. 9/23/04 –
(District's) Motion to Dismiss – Appellants' Notice of
11/16/05 - Petition for Writ of Certiorari, and Motion
for Enlargement of Time to Serve Substantive
Arguments filed. 11/21/05 – Acknowledgment of
New Case entered. 11/22/05 – Order that Petitioner
shall file Amended Petition for Writ of Certiorari
within ten days of date hereof entered. 12/1/05 –
Motion for Enlargement of Time Within Which to
Serve and File Amended Petition for Writ of
Certiorari served. 12/8/05 – Order that Petitioners'
Motion for Enlargement of Time Within Which to
Serve and File Amended Petition for Writ of
Certiorari granted to and including December 12,
2005 entered. 12/12/05 – Motion for Enlargement of
Time Within Which to File Amended Petition for Writ
of Certiorari; Amended Petition for Writ of Certiorari
with Appendix, and Request for Oral Argument
served. 12/14/05 – Order granting Petitioners'
Motion for Enlargement of Time entered. 12/30/05 –
Order that Respondent (District) shall file a show
cause why Amended Petition for Writ of Certiorari
should not be granted and Order that Petitioner (City
of Weeki Wachee, etc.) is granted ten days from
service of Response to reply entered. 1/9/06 –
District's Motion to Extend Time for Filing
Response served. 1/12/06 – Order granting
Motion to Extend Time for Filing Response
entered. 1/24/06 – Response to Amended
Petition for Writ of Certiorari served.
STYLE/CASE NO.
Supreme Court of
Florida
COURT/JUDGE
L:\PRIVATE\LitigationRepor\NONRegulatoryLitigatRptFeb06.doc
Weeki Wachee
Springs, LLC v.
SWFWMD/Case No.
SC05-1008
74
B. Bilenky/
F. Miller
ATTORNEY
6
Appeal of Opinion issued by
5th District Court of Appeal,
Case No. 5D04-2808
DESCRIPTION
6/2/05 – Petition for Review Pursuant to All Writs
Power and Request for Oral Argument served.
6/9/05 – District's Motion to Dismiss – "Petition for
Review Pursuant to All Writs Power," Motion for
Sanctions Including Imposition of Attorneys' Fees
and Costs and Sanctions Against Petitioners or
Their Counsel served; and Acknowledgment of New
Case entered. 6/10/05 – Notice of Erratum
Regarding Petition for Review Pursuant to All Writs
Power served. 6/11/05 – Petitioners' Response to
Respondent's Motion to Dismiss Petition for Review
Pursuant to All Writs Power served.
Appeal of Non-Final Order served. 10/1/04 –
Appellants' Response in Opposition to Appellee's
Motion to Dismiss served. 12/10/04 – Per Curiam
opinion denying Petitioners writ of prohibition filed.
Order stating Motions to Dismiss are moot and
denying Motion for Assessment of Attorneys' Fees
filed. 12/16/04 – Motion for Rehearing and/or
Clarification and/or Certification served. 5/3/05 –
Order denying Motion for Rehearing and/or
Clarification and/or Certification entered. 5/19/05 –
District's Motion for Finding of Contempt and
Awarding Attorney's Fees and Costs served.
5/23/05 – Order requiring response to Respondent's
Motion for Finding of Contempt and Awarding
Attorney's Fees and Costs entered. 5/27/05 –
Petitioner's Response to Respondent's Motion for
Finding of Contempt and Awarding Attorneys' Fees
and Costs, and Motion for Stay Pending Appeal
served. 6/2/05 – Petition for Review Pursuant to All
Writs Power and Request for Oral Argument served.
6/17/05 – Order denying Petitioner's Motion to Stay
(Opinion) entered. (See Supreme Court Case No.
SC05-1008 below)
Routine Report
61. Treasurer's Report, Payment Register and Contingency Reserves Report
In accordance with Board Policy No. 130-3, a monthly report on investments shall be
provided to the Governing Board. Attached is a copy of the Treasurer's Report as of
January 31, 2006, which reflects total cash and investments at a market value of
$449,259,490.
In accordance with Board Policy No. 130-1, all general checks written during a period shall
be reported to the Governing Board at its next regular meeting. The Payment Register
listing disbursements since last month's report is available upon request. The Payment
Register includes checks and electronic funds transfers (EFTs).
The FY2006 Contingency Reserves Report (District only) follows:
$4,577,652
ORIGINAL BUDGET AMOUNT:
Date of
Board Action
Less Approved Transfers
Compensation and Benefits Review
100,000 January 24, 2006
BALANCE:
$4,477,652
See Exhibit
These items are presented for the Board's information, and no action is required.
Presenter:
Daryl F. Pokrana, Director, Finance Department
75
76
77
4.54
2.37
2.37
2.25
2.20
2.20
2.27
2.50
3.54
3.04
3.00
4.05
3.93
3.73
5.00
4.25
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
CALLABLE/
BULLET
2.76
Callable
271413
271411
271412
271414
271415
271416
ACCOUNT
NUMBER
2.50
DURATION (YRS)
OF SECURITY
3.00
3.00
3.00
3.00
3.00
3.00
3.00
1.50
3.00
3.00
2.00
2.75
3.00
2.00
2.50
4/30/2007
3.00
TOTAL FEDERAL HOME LOAN BANK
6/12/2006
6/12/2006
6/16/2006
6/19/2006
6/26/2006
7/28/2006
8/14/2006
9/15/2006
3/8/2007
3/28/2007
5/24/2007
11/9/2007
12/3/2007
12/14/2007
12/28/2007
TOTAL FEDERAL FARM CREDIT
3/27/2008
MATURITY
DATE
165,830,000
$
$
$
CASH, SUNTRUST DEMAND ACCOUNT
TOTAL CASH AND INVESTMENTS
* Excess funds from the District's SunTrust Bank Demand Account are transferred to the District's SBA investment account
daily. This may result in a negative book balance. However, a positive bank balance is maintained at all times.
Weighted average yield on portfolio at January 31, 2006 is 3.88%
454,796,359
$
TOTAL INVESTMENTS
$
$
$
$
$
$
$
$
$
$
450,941,560
$
(3,854,799) $
288,966,359
$
TOTAL STATE BOARD OF ADMINISTRATION (SBA) ACCOUNTS
PURCHASE
COST
10,000,000
10,000,000
$
145,830,000
$
$
10,000,000
10,000,000
10,000,000
10,000,000
10,000,000
10,000,000
10,000,000
9,000,000
9,805,000
10,000,000
10,000,000
10,000,000
10,000,000
7,025,000
10,000,000
$
$
10,000,000
10,000,000
$
PURCHASE
COST
267,844,356
929,724
14,976
739,971
18,531,744
905,588
4.31
4.31
4.31
4.31
4.31
4.31
454
132
132
136
139
146
178
195
227
401
421
478
647
671
682
696
786
DAYS TO
MATURITY
$
SBA General Investments
SBA Benefit Plan
SBA Workers' Compensation
SBA Land Resources
SBA Advanced State Funding
SBA Advanced State Funding (FDOT Maint. And Monitoring)
ACCOUNT
DESCRIPTION
EFFECTIVE
INTEREST
RATE
TOTAL FEDERAL NATIONAL MORTGAGE ASSOCIATION
4/30/2004
6/12/2003
6/12/2003
6/19/2003
6/19/2003
6/26/2003
7/28/2003
8/14/2003
3/15/2005
3/8/2004
3/29/2004
5/24/2005
2/9/2005
12/3/2004
12/14/2005
6/28/2005
9/27/2005
PURCHASE
DATE
STATE BOARD OF ADMINISTRATION (SBA) ACCOUNTS
TOTAL AGENCY SECURITIES
3136f5pg0
FEDERAL NATIONAL MORTGAGE ASSOCIATION
3133myzf70
3133myzf71
31339xfc3
31339xf90
31339xk94
31339ynq1
3133x02w8
3133xaul9
3133x45n7
3133x4vb4
3133xbrx5
3133xaep8
3133x9gj3
3133xdxn6
3133xc7g2
FEDERAL HOME LOAN BANK
31331vae6
FEDERAL FARM CREDIT
AGENCY SECURITIES
EFFECTIVE
CUSIP
INTEREST
NUMBER
RATE
TREASURER'S REPORT TO THE GOVERNING BOARD
January 31, 2006
449,259,490
(3,854,799) *
453,114,289
288,966,359
267,844,356
929,724
14,976
739,971
18,531,744
905,588
MARKET
VALUE
164,147,930
9,820,000
9,820,000
144,352,930
9,918,093
9,918,093
9,915,000
9,906,951
9,902,011
9,882,527
9,883,445
8,934,032
9,620,119
9,912,000
9,925,000
9,848,884
9,895,000
7,006,510
9,885,265
9,975,000
9,975,000
MARKET
VALUE
$
$
$
$
$
$
$
ACCRUED
INTEREST
1,081,026
69,767
69,767
853,621
32,943
32,943
28,750
26,278
22,000
2,522
116,667
121,245
119,229
103,333
9,000
90,608
61,131
46,833
40,139
157,638
157,638
ACCRUED
INTEREST
100.00
63.54
% OF
PORTFOLIO
36.46
2.20
32.06
2.20
% OF
PORTFOLIO
78
District General Fund
Alafia River Basin
Hillsborough River Basin
Northwest Hillsborough Basin
Coastal Rivers Basin
Pinellas-Anclote River Basin
Withlacoochee River Basin
Peace River Basin
Manasota Basin
SWIM Program
DOT Mitigation Program
DISTRICT AND BASINS
EQUITY - CASH AND INVESTMENTS
TOTAL EQUITY IN CASH AND INVESTMENTS
TREASURER'S REPORT TO THE GOVERNING BOARD
January 31, 2006
201,767,350
9,512,953
22,539,121
21,478,469
11,896,160
94,641,264
15,101,774
28,598,570
37,854,311
5,814,684
1,736,904
450,941,560
$
$
100.00%
46.48%
2.19%
5.24%
5.00%
2.77%
22.02%
1.47%
6.08%
8.66%
-0.10%
0.19%
Routine Report
62. Local Government Comprehensive Plan Activity Report
This report is provided for the Committee’s information and shows District activity in the
review of Comprehensive Plans and Amendments. Staff updates the report monthly,
showing new or changed information in bold.
See Exhibit
Presenter: Richard Owen, Director, Planning Department
79
05-2
05-01
05-02
HERNANDO
HERNANDO
05-01
04-2/05-1
05-2
06-1
DCA
Project #
HARDEE
Wauchula
DESOTO
CITRUS
CHARLOTTE
Charlotte
Local Government
As of January 30, 2006
05-2
06-1
Plant City
Plant City
06-01
05-1
05-2
LEVY
MANATEE
MANATEE
LAKE
05-1
05CIE-1
05-1
05-1
05-2
05D1
HILLSBOROUGH
HILLSBOROUGH
HILLSBOROUGH
Tampa
Tampa
Temple Terrace
05-1
05-2
05-1
05-1
05-2
05-1
05-2
06-1
HIGHLANDS
HIGHLANDS
Avon Park
Lake Placid
Lake Placid
Sebring
Sebring
Sebring
80
Neasman
Neasman
Sanders
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Springstead
Springstead
Springstead
none
Springstead
Springstead
Springstead
Springstead
Sanders
Sanders
Springstead
Sanders
Davies
Davies
Davies
Assigned
Planner
Regular
Regular
Regular
Regular
PRD
Regular
Regular
Regular
Regular
Regular
DRI
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
EAR / DRI
Amend.
Type**
04/06/05
08/31/05
12/10/05
07/14/05
08/04/05
01/20/05
11/21/05
04/08/05
02/25/05
08/12/05
08/24/05
02/08/05
08/19/05
04/26/05
none
10/07/05
07/11/05
07/19/05
07/25/05
05/26/05
10/05/05
09/29/05
04/18/05
11/09/04
06/13/05
12/21/05
04/14/05
09/02/05
12/20/05
07/19/05
08/10/05
01/28/05
11/08/05
04/13/05
03/04/05
08/22/05
08/25/05
none
08/25/02
05/10/05
none
10/06/05
07/15/05
07/22/05
07/25/05
05/24/05
10/10/05
09/30/05
04/25/05
10/18/04
06/14/05
12/28/05
DCA
Comment
Request
Letter
Received
from Gov't Received
05/13/05
09/22/05
01/13/06
08/04/05
08/22/05
02/23/05
11/30/05
05/12/05
03/18/05
09/06/05
09/26/05
none
09/23/05
none
none
11/09/05
08/11/05
08/17/05
08/18/05
06/10/05
10/21/05
11/03/05
05/26/05
11/19/04
07/11/05
01/25/06
Comments
Sent
06/07/05
11/01/05
03/30/05
09/13/05
12/21/05
06/07/05
05/06/05
10/07/05
10/26/05
04/15/05
10/21/05
07/08/05
none
12/07/05
09/14/05
09/21/05
09/22/05
06/27/05
06/24/05
12/17/04
12/08/05
DCA ORC
Report
Received
09/02/05
none
08/29/05
06/06/05
11/28/05
10/20/05
07/01/05
10/27/05
07/29/05
12/09/05
12/22/05
05/27/05
none
none
01/03/06
01/03/06
01/03/06
09/13/05
10/21/05
10/07/05
03/17/05
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
DCA NOI
In
Received Compliance?
07/21/05
None
02/03/05
12/01/05
Adopted
Amend
Received
Local Government
Comprehensive Plan Amendment Report
No substantive comments
33 acres commercial development
Commended City on designating wetland areas
as Natural Preservation
Highlighted the need for hurricane mitigation
planning
DCA decided not to review on 9/14/05.
Commented on water use per capita
6 Future Land Use Map Amendments
7 Future Land Use Map amendments
Proposed Land Use Map Change for Wal-Mart
5-Year Capital Improvements
8 Amendments
8 Amendments
9 Amendments, including Babcock Ranch
Comments/Issues/Objections
06-1
05-1
05-01
05-2
05-01
05-02
05-01
05-1
06-1
05-01C
05-2
05-01
05-02
05-01
05-02
06-1
05-01
05-02
05RB1
06-1
05-01
05-1
06-1
San Antonio
Zephyrhills
PINELLAS
Clearwater
Clearwater
City of Safety Harbor
City of Safety Harbor
City of Seminole
City of Seminole
City of Seminole
Dunedin
Dunedin
Largo
Largo
Pinellas Park
Pinellas Park
Pinellas Park
St. Petersburg
St. Petersburg
St. Petersburg
St. Petersburg
City of St. Pete Beach
Pinellas County
North Redington Beach
POLK
Polk County
Auburndale
Auburndale
05-2
05-1
05-2
05-2
05-1
05-1
05-1
Pasco
Dade City
New Port Richey
San Antonio
04D2
04D4/05D2
05D1
05-01
MARION
Marion
Dunnellon
PASCO
Pasco
Pasco
05-1
DCA
Project #
Bradenton
Local Government
81
Springstead
none
Springstead
Belangia
Belangia
Belangia
Belangia
Belangia
Belangia
Mickel
Belangia
Belangia
Belangia
Belangia
Mickel
Belangia
Belangia
Belangia
None
Belangia
Belangia
None
Belangia
Belangia
Renner
Renner
Renner
Renner
Renner
Renner
Renner
Renner
Renner
Sanders
Neasman
Assigned
Planner
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
None
Regular
Regular
None
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
DRI
DRI
DRI
Regular
Regular
Amend.
Type**
08/22/05
none
08/22/05
10/28/05
10/28/05
04/01/05
08/25/05
10/31/05
08/12/05
03/14/05
03/28/05
02/15/05
07/27/05
12/21/05
12/09/04
10/19/05
03/21/05
08/05/05
None
03/22/05
01/06/06
03/14/05
03/28/05
06/08/05
01/05/06
08/31/05
08/30/05
05/05/05
08/05/05
12/21/05
04/12/04
08/23/04
01/20/05
04/11/05
07/28/05
none
none
08/25/02
11/01/05
11/01/05
04/18/05
08/25/05
11/01/05
08/18/05
None
04/02/05
03/16/05
08/02/05
12/27/05
None
10/26/05
0/3/23/05
08/10/05
03/31/05
03/23/05
01/05/06
None
04/02/05
07/29/05
01/06/06
09/02/05
09/08/05
06/03/05
08/09/05
04/12/04
09/29/04
01/26/05
04/01/05
08/03/05
DCA
Comment
Request
Letter
Received
from Gov't Received
None
05/31/05
None
04/30/05
none
none
09/21/05
10/21/05
05/25/05
10/21/05
DCA will not review
12/21/06
06/17/05
09/15/05
12/21/06
02/08/05
12/21/06
05/20/05
10/12/05
05/27/05
05/27/05
01/04/05
10/21/05
04/04/05
09/01/05
None
04/21/05
11/07/05
11/10/05
None
09/06/05
11/28/05
DCA will not review
None
06/01/05
04/22/05
09/30/05
08/30/05
No Comments
11/08/05
08/16/05
No Comments
06/15/04
11/01/04
07/05/05
10/05/05
DCA ORC
Report
Received
09/06/05
03/25/05
04/30/05
None
08/25/05
07/11/05
09/15/05
10/06/05
06/28/05
08/24/05
05/12/04
09/20/04
02/11/05
06/10/05
09/01/05
Comments
Sent
07/01/05
None
None
None
07/29/05
Yes
Yes
Yes
01/23/06
09/13/05
09/27/05
Yes
07/22/05
07/01/05
Yes
N/A
None
None
None
Yes
Yes
No
Yes
No
Yes
06/02/05
N/A
07/29/05
None
None
11/22/05
12/15/05
12/14/05
01/25/05
05/20/05
01/20/06
01/17/06
DCA NOI
In
04/18/05
N/A
None
None
07/06/05
11/07/05
11/03/05
01/10/06
12/21/05
12/13/04
04/05/05
12/02/05
none
Adopted
Amend
Received
Local Government
4 Lg Scale Map Amendments
1 Future Land Use Map Amendment
Related to proposed development of brownfields
area
FLUE Changes in LU Categories
Community Redev. District/Housing
Objection to Transportation Study
FLUM and text amendments
4 Land Use Map Amendments
10 Amendments 5 FLUM, 5Text
3 Amendments
1 Amendment (DCA determined no need for
formal review.)
N/A Handled by previous Planner
2 FLUM Amendments
Text Amendments
Revision of 5 text amendments
Map changes for existing and annexed
properties
Cypress Creek Town Center. Settlement
agreement 05/11/05
Conner Preserve
Sunlake Centre
10 Amendments, DCA Objections to 6 of the
Amends.
7 Amendments
Proposed Rainbow River development
Commented on Water Supply Work Plan, and for
3 proposed land use changes highlighted the
need for hurricane mitigation planning.
04-2/05-1
06-1
06-2ER
04-2/05-1
05-1
04-2/05-1
06-1
SARASOTA
Sarasota
Sarasota
North Port
City of Sarasota
Venice
Venice
Sanders
Sanders
Davies
Davies
Davies
Davies
Davies
Davies
Davies
Springstead
Springstead
Springstead
Springstead
Springstead
Springstead
Springstead
none
Springstead
Springstead
Springstead
Springstead
Springstead
Springstead
Springstead
none
Springstead
Springstead
Springstead
Assigned
Planner
Regular
Regular
Regular
Regular
EAR
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Amend.
Type**
12/08/05
06/21/05
10/28/04
10/31/05
12/21/05
08/09/04
04/25/05
11/17/04
11/17/05
05/27/05
10/20/05
06/13/05
08/25/05
01/18/06
06/09/05
09/29/05
none
09/26/05
10/12/05
10/26/05
07/14/05
09/22/05
04/28/05
09/29/05
none
10/03/05
03/31/05
09/23/05
12/08/05
06/08/05
10/28/04
11/03/05
12/27/05
08/10/04
04/25/05
11/24/04
11/22/05
none
10/05/05
05/04/05
10/05/05
none
06/15/05
10/24/05
06/16/05
09/06/05
01/19/06
06/03/05
10/06/05
none
09/28/05
10/27/05
10/31/05
08/26/05
DCA
Comment
Request
Letter
Received
from Gov't Received
08/16/05
12/07/05
none
06/29/05
11/14/05
none
11/03/05
11/22/05
11/29/05
08/03/05
11/14/05
06/07/05
11/03/05
none
11/14/05
none
11/03/05
08/11/05
10/15/04
06/24/05
none*
01/24/06
09/13/04
none*
12/06/04
12/08/05
01/05/06
08/01/05
12/20/04
none*
11/24/04
11/23/05
12/22/05
12/30/05
10/07/05
12/07/05
07/01/05
none
none
12/07/05
06/03/05
11/17/05
08/16/05
DCA ORC
Report
Received
07/12/05
11/15/05
07/14/05
10/03/05
Comments
Sent
01/25/05
06/24/05
02/23/05
08/10/05
12/19/05
08/11/05
none
none
06/13/05
01/03/06
Adopted
Amend
Received
Local Government
Key to Abbreviations:
DCA = FL Dept. of Community Affairs
ORC Report = Objections, Recommendations & Comments
NOI = Notice of Intent = Determination by DCA whether amendment is in compliance with statutes and rules
EAR = Evaluation and Appraisal Report
DRI = Development of Regional Impact
PRD = Preliminary Review Determination
NOTES
** Amendment Types may include:
Regular
DRI
EAR Based
Water Supply Plan
SUMTER
Wildwood
06-01
05-01
05-1
05-2
05-1
05-1
06-1
05-1
05-2
05-1
05-2
05-1
05-2
05-1
05-2
05CPA
05-2
05-1
05-2
05-1
05-2
DCA
Project #
Bartow
Bartow
Davenport
Dundee
Eagle Lake
Frostproof
Haines City
Lake Alfred
Lake Alfred
Lake Hamilton
Lake Hamilton
Lake Wales
Lake Wales
Lakeland
Lakeland
Polk City
Polk City
Winter Haven
Winter Haven
Local Government
82
08/10/05
11/23/05
02/25/05
04/01/05
09/21/05
01/17/06
09/22/05
02/02/06
10/07/05
07/22/05
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
DCA NOI
In
450 residential units
1,777 acre annexation
9 Amendments
2 Amendments - CIP & Text, *PRD - no ORC
EAR based Amendments
5 Amendments
*No substantive comments
3 Amendments, *PRD - no ORC
10 Amendments
11 Map Amends, 2 Policies
Green Swamp properties - extensive comments
5 Amendments
7 Large Map Amends, 1 Text Amend.
2 Large Scale Map Amendments
5 Future Land Use Amends.
Routine Report
63. Development of Regional Impact Activity Report
This report is provided for the committee's information and shows District activity in the
review of Developments of Regional Impact (DRIs). Staff updates the report monthly,
showing new or changed information in bold.
See Exhibit
This item is presented for the Board's information, and no action is required.
Presenter: Richard Owen, Director, Planning Department
83
84
Springstead
Springstead
Springstead
Springstead
Springstead
Ona Mine
CF Industries South
Pasture Mine
Extension
FL International
Aiport
Four Corners Town
Center
Mosaic Regional
Process Water
Treatment Pond
CFRPC
Project Name
Assigned
Planner
Springstead
Carlton Ranch
Davies
Davies
Babcock Ranch
Hillsborough
Neasman
Neasman
Fishhawk Ranch
Hillsborough
Hillsborough
Neasman
Charlotte/Lee
Punta Gorda
North Port
Lake Hutto
Cargill Riverview
Facility
TBRPC
Davies
Isles of Athena
Punta Gorda Town
Center
SWFRPC
Lakeland
Bartow
Springstead
Springstead
DeSoto
Lakeland
Springstead
Polk
Polk
Hardee & Polk
Hardee
Hardee
Govt's
Williams
Lakeland Central
Park
Clear Springs DRI
85
Residential
Mining
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Industrial
Commercial
Airport/ Mixed
Use
Phosphate
Mine
Phosphate
Mine
Project Type
20
N/A
1,129
17,000
195.6
5,740
5,860
718
5,159
255
173
130
22,400
6,750
20,595
Acreage
NOPC
NOPC
ADA
CPA
Pre-App
ADA
ADA
ADA
ADA
NOPC
SD
ADA
ADA
SD
ADA
Appl.
Type
9/21/2005
3/3/05
8/8/05
7/15/05
10/6/05
6/23/05
3/1/05
3/23/05
6/1/05
7/11/05
Pre-App
Mtg. Date
1/11/05
8/22/05
9/23/04
12/21/05
9/15/05
8/15/05
11/17/05
5/5/05
8/8/05
7/7/05
3/3/05
April 2000
5/2/05
Receipt
Date
DRI Activity Report
2/4/05
9/14/05
10/26/04
4/5/05
6/24/05
09/02/05
1/3/06
6/7/05
Comp Plan Amendment, Coord w/SFWMD
Pre-App only so far
ADA incomplete; Review postponed 01/24/06
Major new project proposed in eastern DeSoto
County.
Project to address water storage and water
quality at Mosaic chemical plants.
Omission of parcels to become USF Lakeland
Campus - approx. 530 acres
Significant transportation improvements may
accompany this major project.
No increase in water use anticipated.
Application originally submitted in April, 2000,
subsequently put on hold, then reactivated with
the 5-2-05 submittal
Comments
4/20/05
Project proposes 3,560 residential units,
185,000 s.f. of retail, 180,000 s.f. of office and
11/2/2005 an 800-student elementary school.
NOPC proposes changes to Development
Order.
Sufficiency
Final
Comments Comment
Sent
s Sent
Page 1 of 4
Assigned
Planner
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Neasman
Project Name
Summerfield
Crossings
Southbend
Walden Woods
Tampa Technology
Park (West)
Apollo Beach
Wolf Branch Creek
Cypress Banks
Four Corners Mine
Northwest Sector
Heritage Harbor
Creekwood
Gulf Coast Factory
Shops
River Club Park of
Commerce
Cooper Creek
Lakewood Centre
86
Manatee
Manatee
Manatee
Manatee
Manatee
Manatee
Manatee
Manatee
Manatee
Hillsborough
Hillsborough
Tampa
Plant City
Hillsborough
Hillsborough
Govt's
Mixed Use
Mixed Use
Commercial
Commercial
Mixed Use
Mixed Use
695
605
36
25
818
288
1,519
305
Phosphate
Mine
Mixed Use
991
NOPC
NOPC
NOPC
NOPC
NOPC
ADA
NOPC
NOPC
SD
NOPC
Not
Provided
1,618
NOPC
NOPC
NOPC
NOPC
1160
Mixed Use
Mixed Use
Mixed Use
Mixed Use
160
401
Mixed Use
Mixed Use
N/A
Acreage
Mixed Use
Project Type
Appl.
Type
9/27/04
Pre-App
Mtg. Date
5/5/05
11/23/05
11/22/05
4/18/05
7/2/04
3/14/05
1/25/05
11/30/04
9/7/05
9/8/05
8/15/05
3/7/05
11/12/04
12/29/04
Receipt
Date
DRI Activity Report
5/31/05
1/25/06
12/19/05
03/31/05
08/15/05
11/16/05
7/28/04
1/19/05
05/11/05
07/26/05
2/22/05
12/21/04
2/25/05
10/18/05
09/22/05
10/13/05
12/14/05
3/18/05
5/25/05
09/13/05
11/04/05
12/05/05
6/7/2005
1/19/05
3/01/05
4/20/05
4/28/05
Sufficiency
Final
Comments Comment
Sent
s Sent
Commented on pre-application document on
12/13/05.
Proposal involves new development layout; DO
language revisions; and, use changes.
Proposal to extend build out, add 24 acres, add
7,500 s.f. restaurant, relocate drainage and
establish additional project entrance.
Project proposes 4,096 single-family dwellings,
350 multi-family units, 200,000 s.f. of
commercial and 105,000 s.f. of office.
Project proposes 4,505 residential units,
457,380 s.f. of commerial/office, 2 schools and
121 acres of recreation.
Review on 9/22/05 dealt with time extension for
build out.
Increase residential entitlements by 103 singlefamily units and project area by 401 acres.
Comments
Page 2 of 4
Pinellas Park
Largo
Pasco & Pinellas
Renner
Renner
Renner
Renner
Renner
Renner
Renner
Belangia
Belangia
Belangia
Belangia &
Renner
Belangia
Epperson Ranch
Pasco Town Centre
Wiregrass Ranch
Ashley Glen
Starkey Ranch
Mitchell Ranch Plaza
Connerton
Connerton
Carillon
Shoppes at Park
Place
Bay Area Outlet Mall
Trinity Communities
Gateway Centre
Sanders
Sanders
Hickory Hill
Lake Hideaway
WRPC
St. Petersburg
Renner
Two Rivers
Hernando
Hernando
Pinellas Park
Pasco
Pasco
Pasco
Pasco
Pasco
Pasco
Pasco
Pasco
Pasco
Renner
Project Name
Govt's
Assigned
Planner
87
Mixed Use
Residential
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Office
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Project Type
986
2,771
558
3,741
34
67
180
1,115
166
126
2,500
260
5,118
929
1,752
3,532
Acreage
ADA
ADA
NOPC
NOPC
NOPC
NOPC
NOPC
NOPC
NOPC
NOPC
ADA
ADA
ADA
ADA
ADA
ADA
Appl.
Type
2/9/06
2/24/05
8/22/05
7/25/05
10/25/04
6/28/04
4/26/04
4/25/05
Pre-App
Mtg. Date
1/25/06
2/9/05
7/18/05
1/5/06
9/27/05
4/11/05
4/6/05
12/27/05
8/3/05
8/16/05
11/14/05
12/28/04
1/28/05
9/13/04
Receipt
Date
DRI Activity Report
5/6/05
8/19/05
1/10/06
10/13/05
4/22/05
4/18/05
8/23/05
9/2/05
1/28/05
5/16/05
10/26/05
2/23/05
10/14/04
3/30/05
6/24/05
09/13/05
12/30/05
11/29/2005
Sufficiency
Final
Comments Comment
Sent
s Sent
2,400 residential units
Change use designations, map configurations to
reflect actual use of parcels.
Increase Residential Units, Inclusion of a
Museum Land Use
Add a .44 acre parcel to the project site
Increase retail, movie theater, and residential
units
Development of Village 5
Increase Office entitlements by 65K sq ft,
change name of developer.
Changes to the Employment Center
Eliminate Phases/theatre, add hospital/med
ofc/hotel, reduce retail, accelerate buildout
Headwaters of Anclote R., drains to Starkey
Wellfield
Major project along Bruce B. Downs corridor in
Pasco.
Comments
Page 3 of 4
Sanders
Sanders
Sanders
Sanders
Sanders
Sanders
Sanders
Project Name
Crystal River Mall
Meadowcrest
Sunrise
Oark Run
Renaissance Trails
Timber Pines
Villages
Notes:
Phase 3 extension date
60-bed skilled nurisng facility
Increase of 46 residential units
DRI: Development of Regional Impact
Bold text indicates a change from previous report
Comments
Increase of 49 residential units
SD: Substantial Deviation
5/27/05
9/28/05
12/15/05
11/01/05
11/29
01/06/06
NOPC: Notice of Proposed Change
12/8/05
11/29/05
5/17/05
9/9/05
5/17/05
11/8/05
12/16/05
ADA: Application for Development Approval
N/A
12/16
N/A
N/A
1/13/05
N/A
N/A
TBRPC: Tampa Bay Regional Planning Council
NOPC
ADA
NOPC
NOPC
ADA
NOPC
NOPC
Sufficiency
Final
Comments Comment
Sent
s Sent
SWFRPC: Southwest Florida Regional Planning Council
822
2,386
150
15
1,386
17
76
Acreage
Receipt
Date
WRPC: Withlacoochee Regional Planning Council
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Project Type
Pre-App
Mtg. Date
CFRPC: Central Florida Regional Planning Council
Marion
Lake
Hernando
Sumter
Hernando
Citrus
Citrus
Govt's
Appl.
Type
DRI Activity Report
For NOPCs and SDs, acreage shown represents the proposed change in project area
Key to Abbreviations:
Assigned
Planner
88
Page 4 of 4
Routine Report
64. Upcoming Events Report
The District is involved in numerous activities during the year. Every month, staff will
prepare a list of upcoming events relative to outreach activities involving the
Communications Department, Community and Legislative Affairs Department, and the
Planning Department.
See Exhibit
Presenter: Lou Kavouras, Executive Assistant, Outreach, Planning and Board Services
89
90
Special Event Calendar
February 21, 2006 through March 20, 2006
Event Title: Living at the Lake Workshop
Start Date: February 27, 2006
Location & Time: Peggy Brown Center, 2nd Floor, Lakeland; 7 - 8:30 p.m.
Sponsoring Organizations: Polk County Extension Service
Event Details: How to Create a Lake Management Plan, Lake Restoration Techniques and
Opportunities for Citizen Involvement
Event Contact Information:
Event Contact Name: John Brenneman
Phone: 863-519-8677
Email: [email protected]
Event Title: Florida-Friendly Landscaping Workshop - Grow Smart
Start Date: March 2, 2006
Location: SNPJ Hall, County Line Rd., Brooksville/Spring Hill
Sponsoring Organization: Hernando County Extension Service, Hernando County Utilities,
District Public Education Section, Southwest Florida Water Management District
Event Details: 9 a.m - Noon Workshop covers Florida-friendly landscaping topics. Hosted by
Lou Kavouras.
District Contact Information:
Name: Sylvia Durell
Phone: ext. 4755
Event Title: Fostering Sustainable Behavior Workshops with Doug McKenzie Mohr
Start Date: March 7 – 9, 2006
Location: Leu Botanical Gardens, Orlando
Sponsoring Organizations: Southwest Florida Water Management District (various others)
Event Details: March 7, Introduction to Community-based Social Marketing Workshop; March
8-9, Advanced Community-based Social Marketing Workshop. Attendees must pre-register.
Name: Beth Bartos
Phone: ext. 4761
Event Title: Marion County Spring Festival
Start Date: March 11 – 12, 2006
Location & Time: Marion County Extension Service, Ocala; 10 a.m. – 4 p.m.
Sponsoring Organizations: Southwest Florida Water Management District, Marion County
Extension Service
Event Details: The District’s Water Conservation Restroom Station will be promoting FloridaFriendly Landscaping at this annual festival that attracts approximately 15,000 attendees each
year. Exhibit booths, demonstrations and a plant sale are some of the activities planned.
Name: Melissa Roe
Phone: ext. 4776
1 91
of 2
Event Title: Landscape Design 101 Workshop
Location: Winter Haven Public Library
Sponsoring Organizations: Florida Yards & Neighborhoods
Event Details: Learn to analyze site conditions, identify activity areas and develop a landscape
plan. Cost of Workshop is $10 to cover materials. Pre-registration is required.
Name: Sylvia Durell
Phone: ext. 4776
Event Contact Name: Anne Yasalonis
Phone: 863-519-8677 ext. 121
Email: n/a
Event Title: Water Rally
Location: Wyndham Harbour Island Hotel, Tampa; 8 a.m. – 3 p.m.
Sponsoring Organizations: SWFWMD, USF College of Marine Science, The John Scott
Dailey Florida Institute of Government, USF College of Arts & Sciences, Pinellas County
Environmental Foundation, National Fish and Wildlife Foundation, Florida Federation of Garden
Clubs, Rotary District 6950
Event Details: Forum for Tampa Bay area elected officials and community leaders to learn
about and discuss alternative supplies of water, such as increased conservation, reuse, storage
technologies, and capturing storm water. Advance registration is $20; $25 on-site.
Name: Susan Kessel
Phone: ext. 4760
Event Title: Butterfly Gardening Workshop
Location & Time: Larry Jackson Library, Lakeland; 10 - 11:30 a.m.
Sponsoring Organizations: Florida Yards & Neighborhoods
Event Details: Learn about butterflies and what they feed on. This workshop will teach you
what plants you need to attract butterflies to your yard. Workshop is free.
Name: Sylvia Durell
Phone: ext. 4776
Event Contact Name: Anne Yasalonis
Phone: 863-519-8677 ext. 121
Email: n/a
2 92
of 2

Consent Agenda - Southwest Florida Water Management District

Transcription

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