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
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).
MEETING NOTICE
AGENDA
GOVERNING BOARD MEETING
MARCH 28-29, 2006
9:00 A.M.
DE All meetings are open to the public. DE
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 current Governing Board agenda and the minutes of previous meetings
are on the District's web page: www.WaterMatters.org
The meetings will recess for lunch at a time to be announced.
Please Note - A closed attorney-client session will be held during the lunch break at
12:00 p.m.
- A mediation/negotiation meeting will be held at 4:00 p.m. between
the Governing Board and the City of Weeki Wachee.
Tuesday, March 28, 2006
9:00 a.m.
1.
2.
3.
4.
5.
Convene Meeting of the Governing Board
and Public Hearing (Tab A)
Call to Order
Pledge of Allegiance and Invocation
Oath of Office for Newly Appointed Governing Board Members
Additions/Deletions to Agenda
Employee Service Recognition
-2-
SWFWMD Governing Board Agenda
February 21-22, 2006
Consent Agenda (Tab B)
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
Approval of Minutes – February 21, 2006 Governing Board Meeting
Approval of Minutes – January 24, 2006 Regulation Committee Meeting
Approval of Minutes – January 24, 2006 Resource Management and Development Committee Meeting
Approval of Minutes – January 24, 2006 Finance and Administration Committee Meeting
Approval of Minutes – January 24, 2006 Outreach and Planning Committee Meeting
Resolution No. 06-04, Commending Watson L. Haynes II for His Service as a Member and as
Chair of the Southwest Florida Water Management District Governing Board
Resolution No. 06-05, Commending Janet D. Kovach for Her Service as a Member of the
Southwest Florida Water Management District Governing Board
Budget Transfer Report
Board Travel
Water Conservation Month Proclamation
ERP No. 43011878.003 - Polk County – Simmers Young Park – Polk County
ERP No. 43029734.000 - Lake Juliana Estates – Polk County
ERP No. 49004217.008 - Saddle Creek Warehouse Expansion – Polk County
ERP No. 43006666.004 - Watergrass Parcels B1-B2-B3-B4 – Pasco County
ERP No. 43029577.000 - Tampa Bay Water – Pasco County
ERP No. 49002364.130 - Heritage Springs – Parcel B – Pasco County
ERP No. 49002364.132 - Heritage Springs – Parcel B – VLGS 25-31 – Pasco County
ERP No. 49027030.006 - Wiregrass – Parcel S1 – Pasco County
ERP No. 49027103.001 - Riverwood – Ph 1A/2A – Pasco County
ERP No. 49028080.021 - Belle Verde – Pasco County
ERP No. 43023491.006 - Villages of Sumter – District 9 and 10 – Sumter County
ERP No. 49019624.002 - McCarlton Partners Section 24 Grove Ph. 2 and 3 – DeSoto County
ERP No. 43024579.000 - Braden River Mitigation Bank – Manatee County
ERP No. 43027399.004 - Country Club E at Lakewood Ranch – Manatee County
ERP No. 43018399.001 - FDOT SR 72 – Sarasota County
ERP No. 43028524.005 - IslandWalk at the West Villages Phase 1D - Sarasota
ERP No. 43028239.001 - Shady Creek Preserve Phase II – Hillsborough County
ERP No. 43028914.000 - Stockton Lake – Hillsborough County
ERP No. 43029122.000 - Carlton Borrow Pit – Hillsborough County
ERP No. 43029147.000 - Belmont Phase 1 – Hillsborough County
WUP No. 20009673.006 - W D- F I - Debra – Thomas S – Thomas C & Kara Watkins –
Hardee County
WUP No. 20006059.006 - W N+ F - M Plus Ranch, Inc./West Florida – Manatee County
WUP No. 20009391.009 - W D- F S - WFA Land Co., Inc. – Manatee County
WUP No. 20003872.013 - W D- S
- Fourth Quarter Properties XXXII – Sarasota County
WUP No. 20002714.014 - W F N- Balm Grove (Hillsborough County Solid Waste Dept.) –
Hillsborough County
WUP No. 20006092.010 - W D- F S - Sun City Development (WCI Communities) –
Hillsborough 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
42. Consent Order – ERP No. 46020771.000 – Harbsmeier, DeZayas & Appel Investments, LLC
(Strawbridge SP00-005) – Polk County
43. Consent Order – Surface Water Activity - Tim Harper and Sandy Harper (Harper Triplexes) –
Polk County
-3-
44. Initiation of Litigation – MSSW No. 4908471.003 – McDonald Development Enterprises, Inc.
and McDonald Golf Enterprises, Inc. (Golden Lakes – Eaglebrooke
Subdivision) – Polk County
45. Initiation of Litigation – Surface Water Activity – Coachman, Inc. (Dr. H. Jerome Koser Medical
Office) – Pinellas County
46. Initiation of Litigation – Surface Water Activity – Family Dynamics, Inc. (Gregg Business Center) –
Hillsborough County
47. Initiation of Litigation – Well Construction – License No. 2215 – Tony Holt – Hillsborough County
48. Initiation of Litigation – Well Construction – License No. 9247 – Waylon Howard – Hillsborough
County
49. Electrical Power Plant Site Certification – Southwest Florida Water Management District Agency
Report on Hillsborough County Resource Recovery Facility Expansion – Hillsborough County
50. Request for Public Hearing from Tampa Bay Water on Proposed Minimum Flows for the
Freshwater Segment of the Alafia River
51. Establishment of Water Resource Caution Areas in Portions of Polk, Hillsborough
and Pasco Counties
52. Acquisition and Ownership Agreement between the Southwest Florida Water Management
District and the Trustees of the Internal Improvement Trust Fund (State of Florida) – Green
Swamp Wilderness Preserve, SWF Parcel No. 10-200-1145
Discussion Agenda (Tab C)
53. Items Removed from Consent Agenda for Discussion
54. Southern Water Use Caution Area Recovery Strategy
55. District Funding of the Development of Brackish Groundwater Supply Projects from the
Intermediate and Upper Floridan Aquifers
56. Water Supply Planning for Charlotte, DeSoto, Manatee and Sarasota Counties
57. Water Supply Planning for Hardee, Highlands and Polk Counties
58. Interdistrict Transfer Agreement Among South Florida Water Management District, Southwest
Florida Water Management District, Tohopekaliga Water Authority and Polk County
59. Fiscal Year 2007 Cooperative Funding Projects Eligible for Water Protection and Sustainability
Program Funding
60. Expansion of the Facilitating Agricultural Resource Management Systems (FARMS) Program
and Initiation of the Mini-FARMS Program
61. Legislative Update
62. Overview of the Strategic Plan Update Process
63. Fiscal Year 2005 Comprehensive Annual Financial Report Presentation
64. Market Forces Status Report
12:00 p.m.
Notice of Closed Attorney-Client Session Regarding
Meeting with the City of Weeki Wachee
Location: Board Conference Rooms A and B
SWFWMD Governing Board Members, Executive Director David L. Moore,
General Counsel William S. Bilenky, and Deputy General Counsel Karen West
will attend the meeting.
Closed attorney-client session pursuant to Section 286.011(8),
Florida Statutes, to discuss strategy related to litigation in
Southwest Florida Water Management District v. City of Weeki Wachee, et al.
in the Circuit Court, Fifth Judicial Circuit, Case No. H-27-CA-2004-366RT.
The subject matter of the meeting shall be confined to pending litigation.
The meeting is not open to the public.
Pursuant to Florida Law, the entire attorney-client session shall be recorded by a
certified court reporter. No portion of the session shall be off the record. A copy of
the transcript will be made part of the public record at the conclusion of the litigation.
-4-
Chair’s Agenda (Tab D)
65.
66.
67.
68.
69.
70.
71.
Advisory Committee Liaison Reports
March 1 Meeting of the Water Management Districts’ Governing Boards
Board Policy 160-1, District Legal Services
Board Policy 160-5, General Counsel Reporting Authority
Board Policy 160-8, Disclosure of Voting Conflicts of Interest
Events Attendance
Other Items
Routine Reports (Tab E)
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
Demand Management Activities
Overpumpage Activities
Southern Water Use Caution Area Quantities
Water Production Summary Graphics
Litigation Report
Rulemaking Update
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
Fiscal Year 2007 Budget Development Process
Treasurer's Report, Payment Register and Contingency Reserves Report
Local Government Comprehensive Plan Activity Report
Development of Regional Impact Activity Report
Upcoming Events Report
Recess Public Hearing
Public Input
Items not completed at Tuesday’s meeting
will be carried over to Wednesday.
4:00 p.m.
(Tab F)
Mediation/Negotiation Meeting with the City of Weeki Wachee
The meeting will be held in Board Conference Rooms A and B.
89. Court Ordered Meeting Between the Primary Conflicting Governmental Entities (the Governing
Board and the City of Weeki Wachee Officials) Pursuant to the Florida Government Conflict
Resolution Act, Section 164.1055, Florida Statutes
-5-
Wednesday, March 29, 2006
9:00 a.m.
and Public Hearing
90. Call to Order
91. Pledge of Allegiance and Invocation
92. Additions/Deletions to Agenda
Items not completed at Tuesday's meeting will be heard at this time.
Recess Public Hearing
Public Input
Announcements
xVolunteer Appreciation Day – Dade City .................................................................. April 8, 2006
xAdvisory Committee Meeting Schedule:
Industrial – Tampa .................................................................................................. April 18, 2006
Well Drillers – Tampa .............................................................................................. April 19, 2006
Public Supply – Tampa ........................................................................................... April 21, 2006
Agricultural – Tampa ............................................................................................... May 16, 2006
Green Industry – Tampa .......................................................................................... May 18, 2006
x Governing Board Meeting Schedule:
Meeting – Brooksville ......................................................................................... April 25-26, 2006
Meeting and Budget Workshop – Tampa .......................................................... May 30-31, 2006
x Basin Board Meeting Schedule:
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
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.
Governing Board Meeting
March 28-29, 2006
9:00 a.m.
and Public Hearing
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.
3. Oath of Office for Newly Appointed Governing Board Members
Ms. Lou Kavouras will administer the Oath of Office to newly-appointed Board members.
Chair McCree will announce the new members posts on the Governing Board committees and
Basin Boards as well as serving as liaison to the standing committees.
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." The items
that have been added to the agenda were received by the District after publication of the
regular agenda. The Board was provided with the information filed and the District staff's
analyses of these matters. Staff has determined that action must be taken on these items
prior to the next Board meeting.
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
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,
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 ten employees have achieved these milestones for the period of February 1 –
February 28, 2006:
Milestone
Employee
Name
25 Years
Harry Downing
Sr. Professional Engineer
Res. Management
Brooksville
20 Years
Dick Hanville
John Chapman
Admin. Services Mgr.
Aquatic Plt. Mgt. Crew Ldr.
General Services
Operations
Brooksville
Brooksville
15 Years
Don Rome
Pati Twardosky
Ed Jordan
Compliance Data Analyst
Sr. Graphics Illus.
Computer Operations Mgr.
Records & Data
Communications
Information Resources
Brooksville
Brooksville
Tampa
10 Years
George DeGroot
Tim Foster
David Petrie
Mike Molligan
Sr. Well Driller
Sr. Heavy Equipment Opr.
Sr. Field Tech.
Com. Prog. Director
Res. Conservation & Data
Operations
Tampa Regulation
Communications
Tampa
Brooksville
Tampa
Brooksville
5 Years
Title
Department
Office
Location
None for this time period
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.
2
March 28-29, 2006
Consent Agenda
6. Approval of Minutes – February 21, 2006 Governing Board Meeting .........................
7. Approval of Minutes – January 24, 2006 Regulation Committee Meeting ..................
8. Approval of Minutes – January 24, 2006 Resource Management and
Development Committee Meeting ...............................................................................
9. Approval of Minutes – January 24, 2006 Finance and Administration
Committee Meeting .....................................................................................................
10. Approval of Minutes – January 24, 2006 Outreach and Planning Committee
Meeting .......................................................................................................................
11. Resolution No. 06-04, Commending Watson L. Haynes II for His Service as
a Member and as Chair of the Southwest Florida Water Management
District Governing Board .............................................................................................
12. Resolution No. 06-05, Commending Janet D. Kovach for Her Service as a
Member of the Southwest Florida Water Management District Governing Board........
13. Budget Transfer Report ...............................................................................................
14. Board Travel ................................................................................................................
15. Water Conservation Month Proclamation ...................................................................
16. ERP No. 43011878.003 - Polk County – Simmers Young Park – Polk County .......
17. ERP No. 43029734.000 - Lake Juliana Estates – Polk County ................................
18. ERP No. 49004217.008 - Saddle Creek Warehouse Expansion – Polk County
.........................................................................................
19. ERP No. 43006666.004 - Watergrass Parcels B1-B2-B3-B4 – Pasco County ........
20. ERP No. 43029577.000 - Tampa Bay Water – Pasco County .................................
21. ERP No. 49002364.130 - Heritage Springs – Parcel B – Pasco County .................
22. ERP No. 49002364.132 - Heritage Springs – Parcel B – VLGS 25-31 –
Pasco County ..................................................................
23. ERP No. 49027030.006 - Wiregrass – Parcel S1 – Pasco County ..........................
24. ERP No. 49027103.001 - Riverwood – Ph 1A/2A – Pasco County ..........................
25. ERP No. 49028080.021 - Belle Verde – Pasco County ...........................................
26. ERP No. 43023491.006 - Villages of Sumter – District 9 and 10 – Sumter
County .............................................................................
27. ERP No. 49019624.002 - McCarlton Partners Section 24 Grove Ph. 2 and 3 –
DeSoto County ................................................................
28. ERP No. 43024579.000 - Braden River Mitigation Bank – Manatee County ...........
29. ERP No. 43027399.004 - Country Club E at Lakewood Ranch – Manatee
County .............................................................................
30. ERP No. 43018399.001 - FDOT SR 72 – Sarasota County ....................................
31. ERP No. 43028524.005 - IslandWalk at the West Villages Phase 1D –
Sarasota County .............................................................
32. ERP No. 43028239.001 - Shady Creek Preserve Phase II – Hillsborough
County .............................................................................
33. ERP No. 43028914.000 - Stockton Lake – Hillsborough County .............................
34. ERP No. 43029122.000 - Carlton Borrow Pit – Hillsborough County .......................
35. ERP No. 43029147.000 - Belmont Phase 1 – Hillsborough County ........................
36. WUP No. 20009673.006 - W D- F I - Debra – Thomas S – Thomas C &
Kara Watkins – Hardee County .....................................
37. WUP No. 20006059.006 - W N+ F - M Plus Ranch, Inc./West Florida –
Manatee County .........................................
38. WUP No. 20009391.009 - W D- F S - WFA Land Co., Inc. – Manatee County.......
39. WUP No. 20003872.013 - W D- S
- Fourth Quarter Properties XXXII –
Sarasota County .........................................
3
15
21
27
33
37
41
45
49
51
55
59
64
70
75
80
85
89
95
100
108
118
123
128
133
139
143
147
151
155
160
164
168
172
40. WUP No. 20002714.014 - W F N-
- Balm Grove (Hillsborough County
Solid Waste Dept.) – Hillsborough
County ........................................................ 176
41. WUP No. 20006092.010 - W D- F S - Sun City Development (WCI
Communities) – Hillsborough County ......... 180
W
F
I
S
U
=
=
=
=
=
Floridan Aquifer
Surface Withdrawal
Surficial Aquifer
N
N+
ND+
D~
=
=
=
=
=
=
100% new quantities
no change
42. Consent Order – ERP No. 46020771.000 – Harbsmeier, DeZayas & Appel
Investments, LLC (Strawbridge SP00-005) – Polk County .............
43. Consent Order – Surface Water Activity - Tim Harper and Sandy Harper
(Harper Triplexes) – Polk County ....................................................
44. Initiation of Litigation – MSSW No. 4908471.003 – McDonald Development
Enterprises, Inc. and McDonald Golf Enterprises, Inc.
(Golden Lakes – Eaglebrooke Subdivision) –
Polk County ............................................................................
45. Initiation of Litigation – Surface Water Activity – Coachman, Inc. (Dr. H. Jerome
Koser Medical Office) – Pinellas County ................................
46. Initiation of Litigation – Surface Water Activity – Family Dynamics, Inc. (Gregg
Business Center) – Hillsborough County ...............................
47. Initiation of Litigation – Well Construction – License No. 2215 – Tony Holt –
Hillsborough County ...............................................................
48. Initiation of Litigation – Well Construction – License No. 9247 – Waylon
Howard – Hillsborough County ...............................................
49. Electrical Power Plant Site Certification – SWFWMD Agency Report on
Hillsborough County Resource Recovery Facility Expansion – Hillsborough
County .........................................................................................................................
50. Request for Public Hearing from Tampa Bay Water on Proposed Minimum
Flows for the Freshwater Segment of the Alafia River ................................................
51. Establishment of Water Resource Caution Areas in Portions of Polk,
Hillsborough and Pasco Counties ...............................................................................
52. Acquisition and Ownership Agreement between the Southwest Florida
Water Management District and the Trustees of the Internal Improvement Trust
Fund (State of Florida) – Green Swamp Wilderness Preserve, SWF Parcel
No. 10-200-1145 .........................................................................................................
2
185
187
189
191
193
195
197
199
201
205
211
MINUTES OF THE MEETING
Governing Board
Southwest Florida Water Management District
Bartow, Florida
February 21, 2006
The Governing Board of the Southwest Florida Water Management District (SWFWMD) met at
9:00 a.m. on February 21, 2006, at the Bartow Service Office. The following persons were
present:
Board Members Present
Heidi B. McCree, Chair
Patsy C. Symons, Secretary
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
Staff Members Present
David L. Moore, Executive Director
Gene A. Heath, Assistant Executive Director
William S. Bilenky, General Counsel
Eugene A. Schiller, Deputy Executive Director
John W. Heuer, Deputy Executive Director
Bruce C. Wirth, Deputy Executive Director
Lou Kavouras, Executive Coordinator
Recording Secretary
Annette D. Oakes, Senior Admin. Assistant
Board Members Absent
Talmadge G. Rice, Vice Chair
Watson L. Haynes II, Member
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).
Administration and Regular Business Agenda
1. 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."
Items that have been added to the agenda were received by the District 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. Mr. Moore noted the following addition and deletions made to the agenda after its
publication:
3
Minutes of the Meeting
SWFWMD Governing Board
February 21, 2006
Page 2 of 12
Consent Agenda
T
a a
a
¾2006 Emergency Management Preparedness and Assistance Trust Fund Competitive
Grant Applications
T
a
22. Initiation of Litigation - Surface Water Activity - Lake Sebring Estates Development,
Corp. (Northwood Subdivision) – Highlands 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
4. Remembrance of Roy G. Harrell, Jr., Former Governing Board Chairman
Mr. Harrell, a partner in the firm of Holland & Knight in St. Petersburg, passed on
January 25, 2006 on a family vacation. He was a lawyer and served as the Board’s Chair
from 1985 through 1998, lasting through the terms of three governors. A resolution was
prepared to present to Mr. Harrell’s family. Staff recommended to approve Resolution
No. 06-02, Tribute to Roy G. Harrell, Jr., and present the a copy of the resolution to his
family. The Board unanimously approved Resolution No. 06-02, Tribute to Roy G.
Harrell, Jr. Mr. Chance suggested a copy of the resolution become a permanent display
at the District. (CD 1/Track 1 – 00:00/11:20)
5. Employee Service Recognition
Mr. Moore made a presentation 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. Mr. Mike Holtkamp, Senior Professional Engineer,
Resource Management, was congratulated on 30 years of service. The following
individuals celebrated their 20 year milestones: Ms. Colleen Endres, Computer Database
Supervisor, Information Resources; Ms. Susan Kessel, Community Affairs Representative,
Community and Legislative Affairs; Ms. Colleen Kruk, Senior Land Use Specialist, Land
Resources; and Ms. Cynthia Taylor, Human Resource Technician, Human Resources.
(CD 1/Track 1 – 11:20/18:35)
6. Volunteer Appreciation Award - Crystal Springs Preserve "Good Habits Add Up to
Healthy Habitats" Project
Mr. Moore recognized Ms. Karen Pate, Director of the Crystal Springs Preserve, for her
outstanding volunteerism and presented her with a Volunteer Appreciation Award. In
FY2005, Ms. Pate completed the Community Education Grant "Good Habits Add Up to
Healthy Habitats," and the Hillsborough River Basin Board funded the project for $1,982.
Project accomplishments included providing 500 packets of water conservation
information to homeowners; holding four watershed workshops; posting 20 "This Is Our
River—Keep It Clean—Watershed Watch Area" signs; and forming a Watershed Watch
Club; involving 112 volunteers for 1,216 volunteer hours collecting from the springshed
and disposing of 17 televisions, personal computers and microwaves; seven kitchen
stoves; five washing machines; and tons of miscellaneous garbage; and sponsoring 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. (CD 1/Track 1 – 18:35/21:08)
4
February 21, 2006
Page 3 of 12
Consent Agenda
Items 22, 24, and 25 were deleted from consideration. A conflict of interest was declared for
Item 19 which will require separate consideration. There was one add-on item: 2006
Emergency Management Preparedness and Assistance Trust Fund Competitive Grant
Applications.
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
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
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
5
February 21, 2006
Page 4 of 12
27. Budget Transfer for the Purchase of a Vehicle Pump/Hoist for the Regional Observation
Monitor Well Program
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
The following item was added for consideration:
2006 Emergency Management Preparedness and Assistance Trust Fund Competitive
Grant Applications
Staff recommended to authorize the Governing Board Chair to execute the Emergency
Management Preparedness and Assistance Trust Fund grant applications.
Following consideration, Mr. Dabney moved, seconded by Ms. Kovach, to approve Consent
Items 7 through 18, 20 and 21, 23, 26 through 34 and the add-on item. Motion carried
unanimously.
Following consideration, Ms. Kovach moved, seconded by Mr. Dabney, to approve Consent
Item 19. Mr. Combee declared a conflict and recused himself from voting. The motion
carried. (CD 1/Track 2 – 00:00/01:24)
Discussion Agenda
None
36. Significant Rainfall Event of February 3-4, 2006
Mr. Granville Kinsman, Manager of the Hydrologic Data Section, described the associated
conditions from heavy rainfall that occurred on February 3 and 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. This abnormally high rainfall event follows
a drying trend in conditions throughout the District, and helped to boost water levels in the
lakes and surface water systems. (CD 1/Track 3 – 00:00/07:19)
37. Lake Hancock Outfall Treatment Project – Review of the Old Florida Plantation
Acquisition
Mr. Fritz H. Musselmann, Director of the Land Resources Department, said provided a
status report on the Old Florida Plantation (OFP) property. He said a number of questions
were raised at the November/December 2005 Resource Management and Development
Committee meeting. 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. Mr. Musselmann reviewed the acquisition history which started in 1996 with
the Upper Peace Corridor and the Lake Hancock addition to the Upper Peace River
Corridor in 1999. The Governing Board approved the purchase/sale agreement to acquire
6
February 21, 2006
Page 5 of 12
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 current market value of the OFP is estimated to
be $37 million.
Mr. Musselmann noted that the Board recognized that a number of benefits could result
from the acquisition of this property. For example, 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 refinements, but the area
originally identified for potential surplus remains available, even with the treatment
technology that utilizes the most land. There is an approved Development of Regional
Impact (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.
Mr. Musselmann reviewed the various ways in which the District is taking steps to
preserve the development rights and value of the OFP property which includes the
establishment of a DRI team; extended development phasing; coordination with Polk
County, City of Bartow, and the Regional Planning Council; and modification of the DRI.
Potential enhancements to the DRI could include public access and recreational
opportunities.
Mr. Jeff Spence, Polk County Natural Resources Director, provided clarification for
Mr. Combee regarding boat access. Mr. Spence said the proposed lake level modification
project would make the property unusable for boat access. He said the County looks
forward to potential opportunities on the OFP property in the future.
This item was presented for the Board’s information only and no action was required.
(CD 1/Track 4 – 00:00/34:03)
38. Lake Hancock Outfall Treatment Project - Selection of Treatment System
Mr. Mark A. Hammond, Director of the Resource Management Department, said the focus
of the presentation was 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.
Mr. Hammond reviewed, in detail, the costs associated with the wetland treatment option
and the water hyacinth option. 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) 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.
The Board engaged Mr. Hammond in discussion and carefully considered these options.
Chair McCree heard public comment on this item.
7
February 21, 2006
Page 6 of 12
Ms. Marian Ryan, representing the Sierra Club, said the Sierra Club has been involved in
efforts to preserve and enhance the Upper Peace River for over ten years. She said the
Sierra Club would like to work with the District regarding conservation boundaries on the
OFP property and, with regards to the outfall treatment project, the Sierra Club members
favor the more passive option of treatment wetlands.
Mr. Don Ross, representing EarthBalance, said he has put a lot of time and effort into
advocating the water hyacinth option. He expressed his appreciation to the Board and
staff for their consideration.
Mr. Dabney suggested that the District set aside sufficient land and run a pilot process to
test the Agal Turf ScrubberTM (ATSTM). Mr. Moore said the District is interested in keeping
up with the latest technology; however, timing in this project may be more critical.
Ms. Kovach said she also has investigated the ATSTM and feels the system has a lot to
offer and is in favor of a pilot project.
Mr. Chance said, when the District purchased this property, the intent was to sell off part of
the DRI. He said now the Board is considering turning a substantial part of the property
into a wetland. Mr. Musselmann said the District is retaining about 80 percent of the
developable property for surplus.
Ms. Closshey commented that she would like to know what the Peace River Basin Board
members will have to say about alternative technologies. She continued to say that she
does not want a Governing Board decision today to impede the process of moving forward
to improve the water quality of Lake Hancock. Mr. Moore said this is the number one
water quality restoration project for the Peace River and Charlotte Harbor and it is
important that it move forward.
Staff recommended to (1) adopt a 27 percent nitrogen load reduction goal for the project,
and (2) approve the staff recommended treatment technology utilizing wetland treatment
as the primary option. Following consideration, Mr. Dabney moved, seconded by
Ms. Kovach, to approve the staff recommendation, as aforementioned. Mr. Chance
voted in opposition. The motion carried.
Mr. Dabney moved, seconded by Ms. Kovach, that the Governing Board initiate,
through staff, the continued study of using biological treatments as its primary
means, such as the Agal Turf ScrubberTM (ATSTM) system and bring back a report,
as part of the Lake Hancock project, to the Governing Board at a future Governing
Board meeting. Motion carried unanimously. (CD 1/Track 5 – 00:00/01:30:41)
39. Southern Water Use Caution Area (SWUCA) Recovery Strategy
Mr. Richard S. Owen, Director of the Planning Department, said today’s discussion will
center on the responses to written comments, statement of estimated regulatory costs,
discussion, and public comments. The next steps in the process are to distribute the
revised rules, distribute the updated recovery strategy document, and in March ask for
Board approval to publish the rules and provide the Comprehensive Economic Analysis of
the SWUCA Recovery Strategy.
Mr. Owen said the District has received written comments from the following four entities:
Mosaic, Florida Electric Power Coordinating Group, Frank Diehl Farms, and Tampa Bay
Water. Staff has met with all four entities or their representatives. Mr. Owen reviewed
staff’s responses to the written comments and presented the minor changes in the rule
language.
Mr. Owen believes all but one of the outstanding issues has been resolved. Tampa Bay
Water is concerned with the rule requiring permittees with both alternative and nonalternative sources to utilize the alternative source in lieu of their traditional groundwater
8
February 21, 2006
Page 7 of 12
source wherever it is technically, environmentally and economically feasible. Mr. Owen
explained the intention is to guide permittees first to alternative sources such as surface
water when available, recognizing at times, under dry conditions, there will still be a need
to use full permitted groundwater quantities. Board members engaged staff in a
discussion to define economic feasibility. Mr. Bilenky said economic feasibility does not
mean the lowest cost option. He said the District would rely on the economic impact study
to determine the elasticity of demand and what would be considered economically
feasible. District staff provided clarification as to whether proposed rule language was
altered to compromise with Tampa Bay Water. Mr. Owen indicated that the language
remains as recommended. Ms. Closshey asked Messrs. Heath and Bilenky if they thought
this particular rule language would withstand a challenge. Mr. Heath said he thinks so,
although the permitting community may not be comfortable with the language. Mr. Bilenky
said he believes this language is essential to the rule. (CD 1/Track 6 – 00:00/01:10:13)
Chair McCree recessed the public meeting for a lunch break.
Dr. Grace Johns, Project Manager for Hazen & Sawyer, presented the Statement of
Estimated Regulatory Costs (SERC) prepared consistent with the provisions of
Chapter 120, Florida Statutes.
Chair McCree heard public comment on this item.
Mr. David Gore, a Polk County resident, expressed his concerns to the Governing Board
about new growth in Polk County and the need for better water storage management
systems so runoff water can be utilized.
Ms. Kovach asked how much new water would be available in the DeSoto-Hardee area.
Mr. Owen said models indicate there is available water in the region which could be
permitted without impacting minimum flows and levels. Ms. Kovach said she wants to
quantify the amount of water available for permitting in the SWUCA as it stands today.
Mr. Owen said he had asked District technical staff the same question and was told there
are too many assumptions and variables to quantify the amount of available water.
Mr. Chance asked that an example be provided of a permit applicant in the SWUCA who
would adversely impact a neighbor and how the District would treat this application. In
addition, Mr. Chance said he also would like an example in Manatee County where an
agricultural permit would be converted to a public supply permit. Mr. Chance said he
would like to see this conversion permitting process in writing laying out the steps District
staff would take.
Mr. Dabney said this is a slow recovery process and, as long as progress is being made
towards a long-term goal, he feels the District is moving in the right direction and said the
cumulative impact assessment is the key measuring tool.
Ms. Closshey said she sees the District using a lot of financial tools to evaluate the water
resource. She would like the District to think of special projects that might be regionally
identified that would help bring about extra quantities. Ms. Closshey said she is
encouraged to hear that the District will be annually monitoring data and will have the
opportunity for mid-course adjustments. Ms. Closshey said she would like staff to come
back to the Board in March with a report on withdrawals going out of the SWUCA to other
areas and the associated potential impacts.
Mr. Owen noted that no action was required this month. Staff will incorporate changes into
the rules and the 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. (CD 1/Track 7 – 00:00/01:07:45)
9
February 21, 2006
Page 8 of 12
40. Myakka River Watershed Initiative
Ms. Lisann C. Morris, Senior Professional Engineer in the Resource Conservation and
Development Department, provided 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
and GIS Section to obtain digital topographic information in eastern Manatee County and
the Hydrologic Evaluation Section to initiate a water budget analysis of the Upper Myakka
River watershed.
Staff recommended to (1) 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); and (2) authorize the Executive Director to execute the necessary agreements
to allow consultants to perform the work described above. Following consideration,
Ms. Kovach moved, seconded by Mr. Dabney, to approve the staff recommendation.
Motion carried unanimously. (CD 1/Track 8 – 00:00/13:12)
41. Peace River Cumulative Impact Assessment Study Update
Mr. Ron Basso, Senior Professional Geologist in the Resource Conservation and
Development Department, presented this update to 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.
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 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.
10
February 21, 2006
Page 9 of 12
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 MarchApril time frame and will be held in Bartow and the Charlotte Harbor area.
This item was presented for the Board's information, and no action was required.
(CD 1/Track 9 – 00:00/09:57)
42. 2004 Hurricane Debris Removal Efforts – Final Report
Mr. Wirth praised the Governing Board members for funding the project. He also said this
project had a tremendous administrative impact and thanked the following District staff
members for their hard work on the project: Jamison Janke, Donna Wever, Josie Guillen,
Jennette Seachrist, Paul Miselis, Denise Tenuto, Manny Lopez, Dale Ravencraft, James
Tuttle, Michael Martin, Jeff Hagberg, Charlene Jordan, Steve Long, Donna Holdrege,
Malcolm Wilson, Dave Otto, Julie McClung, Melissa Williams, Janet Thompson, Melissa
Lowe, Margaret Lytle, Karen West, Mary Beth McNeil, Will Miller, Kevin Love, and Dawn
Turner.
Ms. Dawn Turner, Professional Engineer in the Resource Management Department,
presented the final report on the District's hurricane debris removal activities. 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 debris removal activities involved 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.
Ms. Symons said she wanted to thank District staff for helping in the aftermath of all of the
hurricanes. Ms. Symons said she had first-hand knowledge of how quickly District staff
was down in DeSoto County helping out after Hurricane Charley. Mr. Combee also
complimented staff saying they have done a remarkable job considering it was the first
hurricane-related debris removal project for many of the District staff members.
Mr. Dabney said that the involved staff members should receive letters of commendation.
Mr. Dabney suggested the District take the lead and forge a mutual aid agreement with the
other water management districts before the next hurricane season. Ms. Kovach asked if
11
February 21, 2006
Page 10 of 12
the District has a Standard Operating Procedures (SOP) manual in the event of hurricanes
and other disasters. Mr. Moore responded to Ms. Kovach’s inquiry by saying the District
does have SOP manual. Mr. Moore continued to say how proud he was of the District and
its employees for responding so well through crisis. (CD 1/Track 10 – 00:00/31:47)
Mr. David Rathke, Director of the Community and Legislative Affairs, said the regular
legislative session begins March 7, 2006 this year and concludes May 5, 2006. The
Governing Board members will receive weekly legislative updates via email. Mr. Rathke
reviewed the projects, for which the District is seeking state funding, and the associated
project sponsors for the Governing Board members. These projects total $14.5 million of
state funds.
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. The sum of $35 million has been appropriated for
funding 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. In addition, $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.
The recommended budget continues funding the Florida Forever program. The ten-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.
Additionally, 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.
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 the 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.
The Hunting Lands Bill filed hopes 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.
After the completion of an interim project the Senate Environmental Protection Committee,
chaired by Senator Paula Dockery, introduced significant legislation relating to state lands.
In part the bill clarifies the duties of DEP, water management districts, and the Division of
12
February 21, 2006
Page 11 of 12
State Lands. It revises appraisal requirements to provide for two appraisals for property
valued at 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.
Community and Legislative Affairs (CLA) staff have 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.
Ms. Closshey was provided an update about raising the per diem for staff. Ms. Kovach
requested a more in-depth report on the Tampa Bay Water reclaimed project.
Mr. Rathke explained that, as was stated in the recap, staff was going to ask for Board
approval of the local government surface water project list that is consistent with criteria of
the Governor's Office. The list has not been received back from the Florida Department of
Environmental Protection; therefore, the list will be presented to Chair McCree for approval
as soon as it becomes available. (CD 1/Track 11 – 00:00/25:05)
Chair’s Agenda
44. Agriculture Advisory Committee Liaison Report
Mr. Combee said he attended the Agriculture Advisory Committee meeting and there were
a number of presentations given by District staff. Mr. Owen said the Committee is
interested in assisting the District in its research.
45. March 1 Meeting of the Water Management Districts’ Governing Boards
Chair McCree said the agenda for this meeting is in the packet.
46. Events Attendance
Ms. Symons said she attended the Peace River Valley Citrus Growers Association dinner
in Desoto County, along with Messrs. Wirth, Guida, and Brown. She noted that the District
received many compliments from Ms. Barbara Carlton. Ms. Symons and Mr. Dabney
attended the FARMS check presentation where the District was presented a check for
$1 million dollars.
47. Other Items
Mr. Bilenky noted that the upcoming meeting with Weeki Wachee that will take place in
March.
Routine Reports
Information for Items 48 through 64 was provided in the Board’s packet.
48. Demand Management Activities
49. Litigation Report – Regulatory Issues
50. Overpumpage Activities
51. Rulemaking Update
52. Southern Water Use Caution Area Quantities
53. Peace River/Manasota Regional Water Supply Authority, Tampa Bay Water and Tampa
Summary Graphics
54. Significant Water Supply and Resource Development Projects
55. Florida Forever Status Report
13
56.
57.
58.
59.
60.
61.
62.
63.
64.
February 21, 2006
Page 12 of 12
Litigation Report – Non-Regulatory Issues
Local Government Comprehensive Plan Activity Report
Development of Regional Impact Activity Report
Upcoming Events Report
Public Input
No requests to speak were submitted.
There being no further business to come before the Board, Mr. Dabney moved, seconded by
Ms. Kovach, to adjourn the meeting. Motion carried unanimously.
The meeting was adjourned at 4:13 p.m. (CD 1/Track 12 – 00:00/15:38)
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Regulation Committee
Governing Board
Brooksville, Florida
January 24, 2006
The Regulation Committee of the Governing Board of the Southwest Florida Water
Management District convened at 9:05 a.m. on January 24, 2005, at District Headquarters,
Brooksville, Florida. The following persons were present:
Board Members Present
Jennifer E. Closshey, Vice Chair
T. G. “Jerry” Rice, Member
Patsy S. Symons, Member
John W. Heuer
William S. Bilenky
Anthony E. Gilboy
H. Clark Hull
Mark A. Luchte
Margaret M. Lytle
Paul W. O’Neil
Jack R. Pepper, Jr.
Lois A. Sorensen
Kenneth A. Weber
Board Members Absent
Thomas G. Dabney, Chair
Todd Pressman, Member
Other Board Member(s) Present
N/A
Recording Secretary
Carol A. Lynch CPS
Vice Chair Closshey called the meeting to order.
The numbers preceding the items below correspond with the published agenda.
Consent Items
1.
Approval of Minutes - November 30, 2005 Committee Meeting
Staff recommended approval of the November 30, 2005 Committee Meeting minutes
as presented.
2.
Board Policy Delegating Consent Order Approval Authority for Certain Types
of Water Use Permit Violations to the Executive Director
Staff recommended approval of the draft Board Policy delegating authority to the
Executive Director to approve Consent Orders involving the non-submittal of
documents in WUP cases.
3.
Approve Notice of Change for Chapter 40D-21, Florida Administrative Code
(F.A.C.), Water Shortage Plan
Staff recommended approval of the “Notice of Change” for publication in order to
complete the rulemaking process to revise Chapter 40D-21, Florida Administrative
Code.
4.
Florida Department of Transportation – Quitclaim Deed for State Road 64
Project, Greenfield Plantation Conservation Easement
Staff recommended approval of execution of the quitclaim deed by the Governing
Board Chair.
15
Governing Board Regulation Committee
5.
January 24, 2006
Page 2
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
Staff 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 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.
Following consideration, Ms. Symons moved, seconded by Mr. Rice, to approve the
staff recommendations for Items 1-5. Motion carried unanimously. (Track 1)
Discussion Items
6.
Florida Department of Transportation Mitigation Plan Approval
Florida Statutes require Water Management Districts to develop mitigation plans for
FDOT wetland impacts. Mitigation plans are updated annually to account for projected
new impacts and to modify, if necessary, previously approved mitigation plans. Each
Basin Board was contacted and offered a presentation on the mitigation program and
projected road impacts and mitigation in their basins.
This year’s plan adds three new mitigation projects for a total of 38 mitigation projects.
These mitigation projects will offset impacts from 160 road projects. These 38
mitigation projects offset impacts to 445 acres of wetlands and include 9,570 acres of
preservation, enhancement, restoration and wetland creation. Most of the mitigation
projects in the plan are associated with “marquee” water bodies such as Tampa Bay,
Hillsborough River, Myakka River, Lake Thonotosassa, Lake Panasoffkee, and Lake
Hancock.
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
right-of-way already owned by FDOT.
Following consideration, Ms. Symons moved, seconded by Mr. Rice, to approve
the staff recommendations for Items 1-5. Motion carried unanimously. (Track 1)
7.
Water Production Summary Graphics
Staff revised the Production figures based upon Committee direction last month. The
revised graphics depict the total surface water and ground water withdrawals of the
PRMRWSA and member governments, as well as the PRMRWSA alone and Member
Governments alone. The intent of these graphics is to evaluate the large conjunctive
use systems in the District, looking at the relative amounts of surface water and
ground water produced over time. Bar charts and area charts were produced for
comparative purposes, with staff recommending use of the area charts. Once the
Committee settles on a format, the graphics will also be produced for Tampa Bay
Water and the City of Tampa.
The Committee requested staff provide copies of the graphics presented to Regulation
Committee members for their review and to bring this item back to the Committee in
March for action, so that the two absent Committee members may also provide
feedback prior to Committee action.
Action on this item was deferred to the March Committee meeting. (Track 2)
16
8.
January 24, 2006
Page 3
Agreement with U. S. Department of Agriculture Natural Resources
Conservation Service for Agricultural Ground and Surface Water Management
Technical Assistance
AGSWM is an innovative alternative to formal Environmental Resource Permitting
(ERP). Since 1991, the District has maintained a cooperative agreement with the
United States Department of Agriculture – Natural Resource Conservation Service
(NRCS) to provide surveying, engineering, drafting, and conservation planning
assistance to the agricultural community in our region. District regulatory agricultural
teams within each of the four service offices facilitate the implementation of the
program – assisting over 700 cooperators during the past 15 years. The benefits to the
District include enhanced water resource protection through sustainable agriculture,
reduced enforcement costs, and the introduction of other Federal and District
programs (Farm Bill initiatives, District FARMS cost share program, conservation
easement land management options, etc.). The agreement is a three-year rolling
contract budgeting $244,375 per year with unused funds accumulated for subsequent
years. Payment is made per project to avoid overpayment during slower farming
cycles. The replacement cost of hiring additional District staff and equipment to
perform similar services is estimated to be approximately $450,000 to $500,000. The
next proposed term of the agreement is scheduled to commence on October 1, 2006
and expire on September 30, 2009.
The District pays for invoices from NRCS as services are rendered. Due to cyclic
nature of agriculture, the requests for AGSWM assistance typically varies from year to
year. Therefore, monies not expended are rolled over to the next fiscal year. The
Regulation Committee inquired if there was an established protocol (size limitation) for
requesting AGSWM reviews. Staff responded that the small agriculturalists (“Mom and
Pop” operations) were given top priority. Staff also informed the Committee, that while
on site engaging in dialogue with the agricultural community, the AGSWM Teams
frequently offer suggestions for onsite activity, which are not credited toward the
completion of a full AGSWM project, but were never the less of benefit to the farmer.
Ms. Symons recognized the AGSWM program for it’s leadership and encouraged the
agricultural community to take full advantage of all the District’s programmatic offerings
in dealing with future water resource needs.
This item was presented for Committee member information only. No action
was required. (Track 3)
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
A delegation agreement will bring consistency to well permitting throughout Marion
County at no cost to the District. Industry concerns have been addressed through
WDAC meetings. For example: Fees will reflect what it costs to successfully
administer the program, and no more. Also, the District has authority to approve fees
requested in excess of current WCP fees. Marion County Health Department staff will
be trained making more qualified staff within the program. This will help to ensure that
industry integrity is upheld, catch problems before they occur and facilitate a faster
response time when a problem does occur. Hence, the delegation agreement will
allow our staff to spend more inspection time in other counties as this agreement
reduces by 26% the number of permits issued in the Brooksville office (1,700).
17
January 24, 2006
Page 4
Following consideration, Ms. Symons moved, seconded by Mr. Rice, 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. Motion carried unanimously. (Track 4)
10.
Environmental Resource Permitting Water Quality Criteria
Several recent issues have focused attention on ERP water quality criteria: recent
large-scale algal blooms in several areas around the state, the large number of water
bodies designated as “impaired” under the TMDL process, and federal lawsuits filed in
other water management districts. Unlike ERP environmental criteria, ERP water
quality criteria are not consistent statewide. DEP and each WMD have developed
their own criteria under different rules. An interagency committee has been formed to
explore revisions to ERP water quality criteria and to develop consistent statewide
criteria. Another interagency committee has been formed to explore revisions to water
quality standards and water body classifications. In the future, we might expect
rulemaking to adopt statewide water quality criteria, the establishment of numerical
water quality standards for nutrients, establishment of additional water body
classifications, and a greater emphasis on TMDLs (Total Maximum Daily Load) in
permitting.
Ms. Closshey asked about the timeframe for future water quality rule revisions. Staff
responded that it could be some time before new rules were presented to the
Committee but staff would provide interim updates as appropriate.
Ms. Symons asked about the sources of water quality problems. Staff responded that
the problem is a cumulative result of pollutant loading from many sources, including
atmospheric deposition, and no one source could be singled out for blame.
Ms. Closshey inquired about the water quality lawsuit in SW Florida and the specific
area affected. Staff responded that the affected area was outside this District in Collier
County. Staff provided a very brief overview regarding the South Florida Water
Management District lawsuit.
Staff explained that the performance objective of stormwater treatment criteria is 80
percent removal of total suspended solids. While this objective is generally met for
suspended solids, lesser removal rates are often seen for dissolved substances,
particularly nutrients. New stormwater treatment criteria are expected to address this
deficiency through improved design requirements.
This item was presented for Committee member information only. No action
was required. (Track 5)
Routine Reports
11. Demand Management
At Ms. Closshey’s request during Routine Reports, Lois Sorensen gave a concise, yet
thorough, report on Demand Management and the current state of the water resources
within the District, as these conditions relate to the District’s Water Shortage Plan.
Action was not required by the Governing Board at this time, and staff will continue to
monitor conditions closely during the next few months.
12. Overpumpage Activities
13. Southern Water Use Caution Area Quantities
18
14.
15.
January 24, 2006
Page 5
Tampa Bay Water Summary Graphic
February Committee Meeting Agenda
x Approval of Minutes – January 24, 2006 Committee Meeting
x Water Production Summary Graphics
x Interagency Transfer: Toho Agreement (February or March)
x Routine Reports
x March Committee Meeting Agenda
The meeting was adjourned at 10:30 a.m.
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 1-800-423-1476 (Florida only), extension 4604; TDD ONLY 1-800-231-6103 (Florida only); FAX 352754-6874.
19
20
Resource Management and Development Committee
Governing Board
January 24, 2006
The Resource Management and Development Committee of the Governing Board of the Southwest
Florida Water Management District met at 9:02 a.m. on January 24, 2006, at the District
Headquarters. The following persons were present:
Committee Members Present
Janet D. Kovach, Chair
Neil Combee, Vice Chair
Judith C. Whitehead, Member
Committee Member(s) Absent
Watson L. Haynes II, Member
David L. Moore
Gene Heath
Bruce C. Wirth
Gary Kuhl
Staff Continued
Richard S. Owen
Mark A. Hammond
Gregg W. Jones
Fritz H. Musselmann
James P. Guida
Eric C. DeHaven
Eugene M. Kelly
Will C. Miller
Colleen E. Kruk
Kurt P. Fritsch
Rand R. Baldwin
Katherine L. Garcia
Other Attendee(s)
Bryan Veith, Tampa
Boyle Engineering
Paul Smith, City of
Tarpon Springs,
John M. Movihill, City of
Oldsmar
Mike Weinberg, Water
Resource Solutions
Recording Secretary
M. Frances Sesler
Vice Chair Neil Combee called the meeting to order and conducted the meeting until Chair Kovach
arrived.
Consent Items
17. Approval of Minutes - November 30, 2005 Committee Meeting
Staff recommended approval of the minutes as presented.
18. Facilitating Agricultural Resource Management Systems Institute of Food and
Agricultural Sciences Best Management Practices for Flatwood Citrus
District staff requested approval for a Facilitating Agricultural Resource Management Systems
(FARMS) Project with the Institute for Food and Agricultural Sciences (IFAS). The proposed
project is to assist in implementing Best Management Practices (BMPs), which include typical
FARMS Program projects, for Flatwood Citrus. Staff recommended approval of the project
with IFAS for the Implementation of Flatwood Citrus BMPs for $50,000 per year for
three years (total 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 District and Basins are eligible to receive reimbursement of costs for preacquisition; land
management, maintenance and capital improvements; and payments in lieu of taxes to
eligible counties for lands acquired or to be acquired with funds from the Water Management
Lands Trust Fund (WMLTF), commonly known as Save Our Rivers, Preservation 2000 Trust
21
Resource Management & Development Committee
January 24, 2006
Page 2 of 5
Fund and Florida Forever Trust Fund. Staff 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 (NRCS) – Shinn
Ditch within Flying Eagle Project
The Mcgregor-Smith Boy Scout Reservation was purchased by the District as part of the
Flying Eagle Project in December 2004 for natural systems protection and resource
conservation. The parcel is located in Citrus County, is approximately 5,000 acres and
complements nearly 30,000 acres already owned and managed by the District in the region.
Shinn Ditch is a man-made ditch that bisects the length of the parcel. The ditch is
approximately 2.6 miles in length and has an average width of 32 feet. The ditch was
constructed in the 1950s to dewater several prairie wetlands to facilitate cattle grazing by a
previous owner. Staff recommended approving 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 authorizing 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 Governing Board approved an inter-local agreement with Polk County in 1999 to jointly
acquire lands around Lake Hancock located in central Polk County between Lakeland and
Bartow. The lands were identified for acquisition as part of both the District's Lake Hancock
Project and the County's Environmentally Sensitive Lands Program. In March 2001, the
County conveyed 50 percent undivided interest to the District in the 1,267-acre Circle B Bar
Reserve tract, formerly known as the Bellotto tract. The inter-local agreement provided only
minimal guidance with respect to delegation of management responsibilities and both parties
recognized the need for the development of a more specific management agreement. Staff
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 Governing Board approved an inter-local agreement with Polk County in 1997 to jointly
acquire lands along the Alafia River and its tributaries. The inter-local agreement identified
lands for acquisition that are both part of the District's Alafia River Corridor Project and
included in Polk County's Environmentally Sensitive Lands Program. In September 1999, the
334-acre Alafia River Reserve Tract was acquired with both parties having a 50 percent
undivided ownership interest in the tract. The inter-local agreement designated the District as
the lead in land management of the Reserve and the County as the lead manager for public
use, security and environmental education activities on the small upland portion of the tract
designated as a County public use area. The inter-local agreement provided only minimal
guidance with respect to delegation of management responsibilities and both parties
recognized the need for the development of a more specific management agreement. Staff
requested approval of the Alafia River Reserve Management Agreement, SWF Parcel
No. 20-503-104X and authorization of the Executive Director to execute the license.
22
January 24, 2006
Page 3 of 5
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
In January 2005, District staff issued a Special Use Authorization for one year to the Bay City
Flyers Inc., an airplane model hobbyists club, for the development of a model airplane flying
site at Conner Preserve. The Flyers are a not-for-profit club that provide model airplane flying
expertise and activities to its members and the general public. The Authorization was granted
pursuant to District Land Use Rules Chapter, 40D-9, Florida Administrative Code, and the
negotiation of use conditions for the site that minimize impacts to the Preserve. The
Authorization is scheduled to expire and the Flyers have requested a non-exclusive license
agreement be granted to them for their continued use. Staff recommended approval of the
non-exclusive license agreement with Bay City Flyers, Inc. for SWF Parcel No. 13-704102X 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
Pasco High School has approached the District requesting a small cattle grazing lease at the
Green Swamp West tract in Pasco County. The school will utilize the cattle grazing lease as
an education tool to teach animal science and agricultural mechanics for grades 9-12. The
school is affiliated with the Future Farmers of America (FFA) program and managing a cattle
grazing lease will give the FFA students a chance to learn and experience agricultural
education in an outdoor setting. Staff is requesting approval of a lease agreement between
the District and Pasco High School for the agricultural education purposes. Staff
recommended approval of cattle grazing lease agreement with Pasco High School for
SWF Parcel No.19-706-117X.
Following consideration, Ms. Whitehead moved, seconded by Mr. Chance, to approve Consent
Items 17 through 24. Motion carried unanimously. (Track 1 – 00/08)
iscussion Items
26.
Upper Myakka of the Sarasota Watershed Activities
Mr. Jim Guida, Director, Regulation Department, gave an update on activities in of the Upper
Myakka Watershed. The presentation was a follow-up to the November presentation to the
Governing Board and subsequent public input on runoff concerns occurring in the Upper
Myakka Watershed. The presentation focused on recent regulatory and non-regulatory District
activities in the Upper Myakka River Watershed and Flatford Swamp.
The District's first involvement in the watershed began in 1992, with the purchase of nearly
2,400 acres of Flatford Swamp. Not long after the purchase, the District was alerted to visible
tree die-off and began an investigation. The District's investigation on tree die-off led to a
1998 District study indicating that the swamp was receiving excess water resulting in
abnormal tree stress and mortality. Most of the damage is within the Swamp, although effects
are found to the north and south of the Swamp's boundaries.
Staff will be reporting in more detail to the Board in the coming months regarding further
scientific and engineering analyses, and in recommending further actions in an effort to
address water resource concerns in a comprehensive manner throughout the Myakka River
watershed, with emphasis on the Upper Myakka area. This item was presented for the
Committee’s information only; no action was required. (Track 1 - 0014.58)
23
27.
January 24, 2006
Page 4 of 5
Water Control Structure and Emergency Operations
In response to inquiries made during the October Basin Board workshops; Mr. Gary Kuhl,
Director of the Operations Department, provided a comprehensive view of recent and ongoing
structure operations and emergency management measures within the District.
Over the past 17 months, eight named tropical systems have made landfall in the State of
Florida. Emergency management, preparedness and response have been a primary concern
and focus for the District and the Operations Department. In the event of an emergency, the
District Emergency Operations Center (EOC) is activated as part of the State Emergency
Response Team (SERT). Statewide communication and coordination is achieved through the
State Emergency Operations Center (SEOC). Mutual aid agreements are in place between
most counties and state agencies and between the five water management districts. This
item was presented for the Committee's information, and no action was required.
(Chair Kovach entered the meeting at this time.)
25. District Funding of Brackish Ground Water Supplies from the Upper Floridan Aquifer
Mr. Gregg Jones, Director of the Resource Conservation and Development Department, gave
an update on District funding of Brackish Ground Water Supplies from the Upper Floridan
Aquifer. As part of a management strategy to lessen resource impacts and provide for the
water supply needs of the region, the District promotes and encourages the development of
alternative water supplies. One of the principal means of demonstrating this support is by
providing Cooperative Funding assistance to local governments that propose to develop
alternative water supply sources.
In recent years, the District has received requests from local governments to cooperatively
fund the development of brackish groundwater desalination facilities. Brackish groundwater is
defined as groundwater having a total dissolved solids concentration that exceeds drinking
water standards but is less than seawater. Because the source of water for these facilities
would be ground water from the Upper Floridan aquifer in the Southern Water Use Caution
Area and northern Tampa Bay areas, areas of water level recovery, the District’s Boards have
routinely denied these requests. This position is consistent with the Partnership Agreement
with Tampa Bay Water in that District funds are not used for traditional ground-water supply
projects, including brackish groundwater projects. To date the District has only provided
cooperative funding for the feasibility element of brackish groundwater development.
Feasibility includes design and construction of test and monitor wells, aquifer performance
testing, data collection and analysis. The benefit to the District in participating in the feasibility
element is in gaining a more complete and detailed understanding of the local aquifer. The
District has not funded the construction of supply wells, treatment, storage, or transmission
facilities for brackish groundwater desalination projects.
The emphasis on alternative water supply development was recently highlighted through the
passage of Senate Bill 444 following the 2005 legislative session. Staff recommended the
Governing Board recognize the memorandum as its position on funding Brackish
Ground Water from the Upper Floridan Aquifer.
Opposing the staff recommendation were John M. Molvihill, City of Oldsmar; Paul Smith, City
of Tarpon Springs; Mike Weinberg, Water Resources Solutions; and Bryan Veith, Boyle
Engineering, Tampa. Ms. Kovach suggested more information be brought back to the
Committee. Following consideration, Ms. Whitehead moved, seconded by Mr. Combee,
that this item be brought to the full Board for consideration. Motion carried
unanimously.
24
January 24, 2006
Page 5 of 5
28. Basin Board Land Resources Committee and Public Land Acquisition and Management
Conference Update
Due to time constraints, this item was deferred to the February Committee meeting.
Routine Reports
Information for Items 29 through 34 was provided in the Board packet.
29.
30.
31.
32.
33.
34.
Significant Water Supply and Resource Development Projects
Florida Forever Status Report
35. February Committee Meeting Agenda

Approval of the Minutes of the January 24, 2006, Committee Meeting

Basin Board Land Resources Committee and Public Land Acquisition and Management
Conference Update

Routine Reports
x Florida Forever Status Report
x Land Resources Department Significant Activities
x Minimum Flows and Levels Status Report
x Hydrologic Conditions Report
x Structure Operations Status Report

Development of the March Committee Meeting Agenda
There was no other business to come before the Committee; the meeting adjourned at 10:28 a.m.
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26
Finance and Administration Committee
Governing Board
January 24, 2006
The Finance and Administration Committee of the Governing Board of the Southwest Florida Water
Management District met at 10:35 a.m. on January 24, 2006, at the District’s headquarters in
Brooksville. The following persons were present:
Judith C. Whitehead, Chair
Patsy C. Symons, Vice Chair
Jennifer E. Closshey, Member
Neil Combee, Member
Committee Members Absent
Thomas G. Dabney, Member
Recording Secretary
C. LuAnne Stout
Staff Members
David L. Moore
Gene A. Heath
William S. Bilenky
John W. Heuer
Eugene A. Schiller
Kurt P. Fritsch
James P. Guida
BJ Jarvis
Elaine Kuligofski
H. Robert Lue
Alba E. Más
Daryl F. Pokrana
Brian Starford
Jack Pepper
Linda R. Pilcher
Lori Tetreault
Sharlene Coburn
Chuck Gausche
Jim Lewis
Maureen McNiff
Bob Dunne
Julie Pickard
Kevin Love
Rand Baldwin
Pam Baldwin
Lenore Balden
Other(s)
Terri Gonzalez and Terri Murro,
Mercer Human Resources
Consulting
Warren Hogg, Tampa Bay Water
Chair Whitehead called the meeting to order and noted that a quorum was present.
Consent Items
36. November 30, 2005 Committee Minutes
Staff recommended approval of the minutes.
37. Consent 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. Staff recommended the Governing
Board approve the November and December 2005 Consent Transfer Reports.
38. 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
27
Governing Board Finance and Administration Committee
January 24, 2006
Page 2 of 6
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 January 11, 2006, no travel outside the geographic boundaries of the District was
scheduled. (Track 1 - 00:00-00:34)
39. Planned Purchase of a Server and Associated Storage for the Water Management
Information System Initiative from the Computer Sinking Fund
Staff requested to transfer $263,000 from the Computer Sinking Fund for the purchase of an
HP 7420 Server and an HP Storage Area Network (SAN) 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 proposed hardware architecture for this project is a logical
extension to the existing hardware suite. The proposed hardware is a higher performance
and capacity version of the hardware currently used for Geographic Information Systems
(GIS) processing, data analysis and WMIS development. The existing computer system will
continue in its role as a GIS Production and data analysis server. The new server needs the
higher capacity to ensure the rapid development of the new WMIS. The SAN upgrade
provides the necessary storage capacity for both systems. The HP 7420, including a UNIX
operating system and a three-year warranty, requires an investment of $185,000. The SAN
expansion hardware requires an investment of $65,000 including a three-year warranty. To
make the system operational also requires ArcSDE software from Environmental Systems
Resource Institute (ESRI) for an investment of $13,000. The required Oracle Database
Management System has already been funded through a separate five-year agreement,
which includes both new licenses and maintenance. The required data transfer software
licenses are being funded as part of the non-recurring budget. Staff recommended to
authorize the reallocation and expenditure of FY2006 Sinking Fund investments of
$263,000.
Following consideration, Ms. Closshey moved, seconded by Ms. Symons, to recommend the
Governing Board approve Consent Items 36 through 39 as presented. Motion carried
unanimously. (Track 1 – 00:00/00:28)
(Mr. Combee entered the meeting.)
Discussion Items
40. Inspector General’s Update - Enforcement of Water Use Permits Audit Six-Month
Progress Report
In accordance with Governing Board Policy 140-1, the Inspector General conducts a sixmonth follow-up to update the Governing Board about District actions in response to a Board
approved audit. Ms. Julie Pickard, Senior Audit Assistant, provided an overview. She noted
that District staff has completed 100 percent of the action items due during the first six
months, and the remaining items are on schedule. The action plan objectives included
focusing compliance and enforcement activities on projects that have the potential to
negatively impact the water resource; minimizing necessity of General Counsel involvement
when helping permit holders regain compliance; identifying noncompliance and commence
enforcement procedures promptly, consistently, and efficiently; and monitoring and
communicating compliance and enforcement success rates. Staff recommended
acceptance of the report by the Governing Board. Following consideration, Ms. Closshey
moved, seconded by Mr. Combee, to recommend the Governing Board accept this
report as presented. Motion carried unanimously. (Track 1 – 00:28/08:11)
28
January 24, 2006
Page 3 of 6
41. Inspector General’s Update - Information Resources Department (IRD) Organizational
Study Six-Month Progress Report
In accordance with Governing Board Policy 140-1, the Inspector General conducts a sixmonth follow-up to update the Governing Board about District actions in response to a Board
approved audit. Mr. Kurt Fritsch, Inspector General, provided an overview and noted that
Mr. Terry Redman, Information Resources Department (IRD) Director, would not provide his
part of the presentation due to illness. Mr. Fritsch said that Mr. Redman will present the IRD
Five-Year Plan in a few months.
Mr. Fritsch noted that District staff has completed, or is on track with, 92 percent of the action
items. Of the remaining items, six percent have been delayed and two percent have been
rescheduled. The action plan objectives included leverage the Water Management
Information System (WMIS) to prioritize all District systems and align information systems with
business processes; reassign staff to support new systems and emphasize commitment to
focus efforts on customers; complete a skills set analysis for each position and finalize a
training transition plan; complete the IRD restructuring to align all positions and achieve other
coordinated efficiencies; and finalize departmental balanced scorecards to communicate the
desired cultural change and monitor IRD’s progress and contribution to the District’s goals
and objectives. Staff recommended acceptance of the report by the Governing Board.
Following consideration, Mr. Combee moved, seconded by Ms. Closshey, to recommend
the Governing Board accept this report as presented. Motion carried unanimously.
Mr. Gene Schiller, Deputy Executive Director, said that this has been an opportunity for staff
to rethink how the IRD does business. He said Mr. Redman will present a report in the next
few months on how the IRD has changed and training that will be provided in the next several
years to give the skills sets required. (Track 1 – 08:11/16:26)
42.
Market Forces Status Report
Mr. Schiller noted that the Governing Board at its January 10, 2006 workshop requested the
Executive Director and his staff reevaluate options for ensuring the District retains and attracts
a high-quality workforce at a time of increasing market pressures. He said staff has been
performing a review of compensation practices at other similar organizations with which the
District competes for talented staff to determine ways the District can enhance its current
compensation package necessary to maintain competitive market position.
Two
representatives of Mercer Human Resources Consulting were in attendance. Ms. Elaine
Kuligofski, Human Resources Director, provided an overview of Mercer’s resources and
scope of work which is to be completed in five weeks. In response to Ms. Closshey’s
question, Mr. Schiller said that staff will provide a report at the Committee’s March meeting.
Staff 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.
Following consideration, Mr. Combee moved, seconded by Ms. Symons, to recommend
the Governing Board approve the staff recommendation as presented. Motion carried
unanimously.
Ms. Symons said staff has done a wonderful job and an impressive response to the Board’s
request. Mr. Moore noted that some recommendations may be authorized by the Executive
Director so actions may move ahead before staff reports to the Board. In response to
Mr. Combee’s question, Ms. Kuligofski said the state contract is based on hourly rates.
Mr. Schiller noted that the quoted cost is reduced due to the amount of electronic data the
District has available to provide to the consultant. (Track 1 – 16:26/28:02)
29
January 24, 2006
Page 4 of 6
43. Handicapped Accessibility to District Lands
In July 2003, the Office of General Counsel provided the Governing Board with an overview of
the District's handicapped accessibility practices relating to District lands, as well as the
details of a complaint to the United States Fish and Wildlife Service (FWS) alleging
discrimination on the basis of disability by denying the Complainant adequate motor vehicle
access for hunting purposes. As a result of the complaint, the District undertook a self-audit
and comprehensive review of its accessibility practices on both District wilderness areas and
District outdoor developed areas. The Board asked that it be updated concerning the
progress of the District's self-audit and comprehensive review, and when the FWS
investigation concluded and the complaint was resolved. A second complaint, alleging
retaliation for the filing of the first complaint, was subsequently filed by the same Complainant,
and was also being considered by the FWS.
Ms. Lori Tetreault, Senior Attorney, advised that the District has concluded its self-audit and
review of the specific issues associated with the Complaint, which review included enlisting
the services of the Paralyzed Veterans of America and Boley Centers, Inc. (the Consultants),
to assess handicapped accessibility to District wilderness areas and to District outdoor
developed areas. The Consultants' report concluded that the District was in compliance with
federal disability laws relating to accessibility to District lands, but offered several good
suggestions as to how to improve such accessibility. The District is in the process now of
implementing the majority of the Consultants' suggestions.
In addition, the FWS recently concluded its investigation of both complaints, and, on
December 20, 2005, after facilitating informal dispute resolution between the District and the
Complainant, issued its decision, favorable to the District on both complaints. The decision
finds that the District did not discriminate against the Complainant on the basis of disability in
that it provided sufficient vehicle access to District wilderness areas for hunting purposes, and
was not required to provide unlimited vehicle access as the Complainant alleged. In addition,
the FWS found that the District did not retaliate against the Complainant for filing the original
complaint.
Ms. Tetreault noted that, notwithstanding, issues concerning accessibility to lands of this type
will continue to present unique challenges to District land managers. In order to meet these
challenges, the District will continue to conduct periodic self-audits and reviews of its
accessibility practices relative to each Wildlife Management Area (WMA) as well as each
outdoor developed area, in conjunction with the ongoing review and update of each WMA's
Land Management Plan. In addition, the District will continue to work with disabled groups,
such as the Wild Turkey Federation/Wheelin' Sportsmen, to facilitate special events for the
disabled on District lands, and to periodically enlist the services of other members of the
disabled community in updating and upgrading the District's accessibility practices.
In response to Mr. Combee’s question, Ms. Tetreault said that “mobility impaired” refers to
someone who cannot walk more than a short distance, and she noted that the definition
varies. Chair Whitehead said the District’s responsibility is to protect the environment. Ms.
Tetreault provided answers to Ms. Closshey’s questions regarding the appeal deadline and
liability issues.
This item was provided for the Committee's information, and no action was required. (Track 1
– 28:02/44:30)
44. Fiscal Year 2006 First Quarter Financial Report
Ms. Linda Pilcher, Assistant Finance Director, said the purpose of the Fiscal Year (FY) 2006
First Quarter Financial Report is to identify and forecast major trends, conditions or variances
that may need management's attention. She provided a formal presentation this first quarter
to review both content and organization of the report.
30
January 24, 2006
Page 5 of 6
The first quarter report covers the financial activities for the first three months of FY2006
which ended December 31, 2005. It provides a summary of the financial activities on an All
Funds basis and for each separate Fund that compares Revenues to
Expenditures/Encumbrances. Based on financial activities for the first three months, the
District’s financial condition is positive and budget variances are favorable. For the first
quarter, the District collected $127.8 million in ad valorem taxes (68 percent of the annual
budget). Interest earnings are currently projected to be on track with the budget. Other
revenues are projected to exceed the budgeted amounts primarily due to the return of
$1,293,720 of excess fees to the District by property appraisers and tax collectors. There are
no reported or identified major trends, conditions or variances that warrant additional
management attention.
Ms. Closshey requested clarification on two variances noted in the report. Ms. Pilcher said
that the first variance relates to interest earnings projected to exceed the budget by $880,000.
This variance is primarily due to Partnership Trust Fund earnings of $850,000, which are not
budgeted. The earnings will offset required contributions to the Partnership Trust Fund by the
General Fund and the six participating basins. The earnings are reported for the first quarter
only due to the ongoing negotiations regarding these trust funds. Ms. Pilcher said that the
second variance of $1.4 million, is primarily due to the refund of excess fees or commissions
by the property appraisers and tax collectors which are not budgeted. She said the property
appraisers and tax collectors refund in the current year the amounts that they received from
the various taxing authorities in the prior year that were in excess of their budget
requirements. She said that these funds will be included as part of the balance forward
projections. The balance forward projections in the second quarter financial reports will be
used to develop the preliminary basin budgets for FY2007.
Staff will continue to monitor and report on all financial activities throughout FY2006, on a
quarterly basis, to ensure the District's continued financial success. This item was presented
for the Committee's information, and no action was required. (Track 1 – 44:30/55:26)
Mr. Schiller provided an update on two issues not listed on the agenda.
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. (Track 1 – 0:55:26/1:04:48)
Routine Reports
45. Litigation Report – Non-Regulatory Issues
This is the monthly updated Non-Regulatory Issues Litigation Report. This item was provided
for the Committee's information, and no action was required.
46. 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. A copy of the Treasurer's Report, which reflects total cash and
investments at a market value of $430,651,257 as of December 31, 2005 was included in the
31
January 24, 2006
Page 6 of 6
Board packet. The last report, dated October 31, 2005, was submitted to the Governing
Board for the combined November-December 2005 meeting. All cash activity since the
October 31, 2005 report is reflected in the ending cash and investment position as of
December 31, 2005. 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 Registers listing disbursements since October 31, 2005, the date of the last report,
are available upon request. The Payment Register includes checks and electronic funds
transfers (EFTs). The FY2006 Contingency Reserves Report (District only) follows:
ORIGINAL BUDGET AMOUNT:
$4,577,652
Date of
Board Action
Less Approved Transfers
No transfers have been made to date this fiscal year.
BALANCE:
$4,577,652
These items were presented for the Committee's information, and no action was required.
x Approval of Minutes - Committee Meeting of January 24, 2006
x Consent Transfer Report
x Board Travel
x Mileage Reimbursement
x Routine Reports

Litigation Report – Non-Regulatory Issues

x Development of the March Committee Meeting Agenda
(Track 1 – 1:04:48/1:05:25)
There being no further business, the meeting was adjourned at 11:43 a.m.
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 1-800-423-1476
(Florida only), extension 4604; TDD ONLY 1-800-231-6103 (Florida only); FAX 352-754-6874.
32
Outreach and Planning Committee
Governing Board
January 24, 2006
The Outreach and Planning Committee of the Governing Board of the Southwest Florida Water
Management District met at 10:40 a.m., on January 24, 2006, at the District Headquarters in
Brooksville. The following persons were present:
T. G. “Jerry” Rice, Chair
Janet D. Kovach, Member
Lou Kavouras
Beth Bartos
Linda McBride
Brett Cyphers
Richard Owen
Sylvia Durell
David Rathke
Melissa Roe
Michael Molligan
Committee Member Absent
Todd Pressman, Vice Chair
Watson L. Haynes, II, Member
Recording Secretary
Paula L. McCleery
Chair Rice called the meeting to order and noted a quorum was present.
Consent Items
48. Approval of the Minutes – November 30, 2005
Following consideration, Ms. Kovach moved, seconded by Mr. Chance, to approve the
minutes as presented. Motion carried unanimously.
Discussion Items
49. Florida-Friendly Media Messaging
Melissa Roe, Senior Communications Coordinator, said Florida-friendly landscaping is the
focus of this year’s media messaging campaign and noted that this type of landscaping
can significantly reduce water use and helps minimize water quality degradation. She said
the FY2006 media messaging campaign uses television, radio, billboard, magazine and
newspaper advertising, primarily concentrated in February-March which is the peak
planting time for residential landscaping. Ms. Roe provided an overview of the upcoming
media buys, including the District’s enhanced efforts in diversity advertising. Additionally,
Ms. Roe provided a preview of the new Florida-friendly landscaping TV public service
announcements, which will begin airing next month and said only $26,000 was spent on
these ads. Janet Kovach wanted to make sure the water conservation message was still
part of the media outreach efforts and noted her appreciation on the enhanced diversity
outreach efforts as well. This item was presented for the Committee's information
only, and no action was requested.
50. Office of Program Policy Analysis and Government Accountability (OPPAGA)
Boundaries Study Status Report
Richard Owen, Planning Director, said OPPAGA has conducted a study on whether the
boundaries of the water management districts, Department of Transportation (DOT)
districts and regional planning councils (RPCs) should be revised to be more similar. He
33
Governing Board Outreach and Planning Committee
January 24, 2006
Page 2
said OPPAGA completed its report entitled The Legislature Could Consider Several
Options for Establishing More Uniform Regional Boundaries and submitted it to the
Governor, President of the Senate, and Speaker of the House and said that comment
letters from associated agencies were included in the report. He said option 3 in the
OPPAGA report would realign the water management district boundaries to follow county
boundaries. Mr. Owen said District staff provided their comments while OPPAGA was
conducting the study, noting the significance of water management district boundaries,
which are based on hydrologic lines. He said the report recommends that should the
legislature wish to pursue the strategy of modifying regional structures to provide for more
consistent district boundaries, that it establish a bottom-up, stakeholder-driven process for
studying and developing proposals for these changes, including the option of creating a
work group for this purpose. This item was presented for the Committee's information
only, and no action was requested.
51. First Consolidated Water Management District Annual Report
Mr. Owen said 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." He said the report must include the following:
District Water Management Plan Progress Report or strategic plan; Minimum Flows and
Levels Annual Priority List and Schedule; Annual Five-year Capital Improvements Plan;
Alternative Water Supplies Annual Report; Annual Five-year Water Resource
Development Work Program; Florida Forever Work Plan Annual Report; and Mitigation
Donation Annual Report. Mr. Owen said this report is a significant communication tool for
the District, and it is to be submitted to the DEP, the Governor, the President of the
Senate, and the Speaker of the House of Representatives by March 1st of each year. Mr.
Owen discussed the preparation of the report, and indicated that a draft report will be
submitted to the Committee for review in February. This item was presented for the
Committee's information only, and no action was requested.
David Rathke, Community and Legislative Affairs Director, said staff is continuing to
strengthen the foundation of support for District priorities through increased
communication activities such as a newsletter, conferences and seminars, field trips, and
meetings with elected officials and opinion leaders. He said all of the Legislative
Delegation meetings in the region are now complete and many positive remarks were
made about the District throughout the region. He noted some of issues of interest from
the Delegation meetings included: while there may still be issues in other areas of the
state, there is no real effort on behalf of Highlands or Levy County to change district
boundaries at this time; positive comments were made about the District's ongoing work in
Polk County, specifically in regard to the Peace Creek Drainage Canal, and flooding in the
City of Frostproof; and there is some interest in streamlining dock permits and protecting
public access to Florida's waterfront for boating. Mr. Rathke said several bills have been
filed in Tallahassee and many of them have potential impacts on District programs. He
said examples of these include legislation to expand the role of the Citrus Hernando Water
Ways Restoration Council, a bill that provides for the election of water management district
governing board members; a proposal to increase the mileage and per diem
reimbursement rates of state employees; a proposal to expand the Lakes Region Lake
Management District and dissolve the Peace Creek Drainage District; and a potential
proposal relating to the issue of surplus lands. In addition, Mr. Rathke reported on federal
legislative activities including a bill moving through the House on desalination, legislation
that would help fund watershed restoration (Clean Water Act), and cuts to the 2007 Farm
Bill. This item was presented for the Committee's information only, and no action
was requested.
34
Governing Board Outreach and Planning Committee
January 24, 2006
Page 3
Routine Reports
53.
54.
55.
56.
Update of Broadcasting Governing Board Meetings Districtwide
Review of Local Government Comprehensive Plan Amendments
Review of Developments of Regional Impact
Upcoming Events
Routine Reports items 53 through 56 were provided in the Governing Board Packet.
x Consolidated Annual Report – Final Document
x Legislative Update
There being no further business, the meeting adjourned at 11:35 a.m.
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 1-800-231-6103 (Florida only); FAX 352-754-6874.
35
36
March 28-29, 2006
Consent Agenda
11. Resolution No. 06-04, Commending Watson L. Haynes II for His Service as a
Member and as Chair of the Southwest Florida Water Management District
Governing Board
Mr. Haynes’ term expired on February 28, 2006. This resolution is to recognize
Mr. Haynes for his contributions to the District during his term on the Board.
See Exhibit
Approve Resolution No. 06-04, Commending Watson L. Haynes II for His Service as a
Member and as Chair of the Southwest Florida Water Management District Governing
Board.
Presenter:
37
38
RESOLUTION NO. 06-04
COMMENDING
WATSON L. HAYNES II
FOR HIS SERVICE AS A MEMBER AND AS CHAIR OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
GOVERNING BOARD
WHEREAS, WATSON L. HAYNES II was appointed by Governor Jeb Bush to the Southwest
Florida Water Management District Governing Board in April 1999 and reappointed in March 2002; and
WHEREAS, WATSON L. HAYNES II served on the Governing Board through February 2006;
and
WHEREAS, WATSON L. HAYNES II during his term was elected Chair of the Governing Board
in June 2004 and served in that capacity through May 2005; and
WHEREAS, WATSON L. HAYNES II served two terms as Treasurer from May 2001 through
April 2003 and as Vice Chair from May 2003 to April 2004; and
WHEREAS, WATSON L. HAYNES II served as Finance and Administration Committee Chair
from May 2001 through April 2003; and
WHEREAS, WATSON L. HAYNES II during his term also served as a member of the Governing
Board Finance and Administration Committee, Regulation Committee, Resource Management and
Development Committee, and Outreach and Planning Committee; and
WHEREAS, WATSON L. HAYNES II also served as the Governing Board’s Committee Liaison
to the Basin Board Education Committee and the Green Industry Advisory Committee during his term
on the Board; and
WHEREAS, WATSON L. HAYNES II also served as Co-Chair Ex Officio of the Pinellas-Anclote
River Basin Board from April 1999 to February 2006, and served as the Basin Board’s liaison to the
St. Petersburg Chamber of Commerce; and
WHEREAS, WATSON L. HAYNES II also served as the District’s gubernatorial ex officio
representative on the Tampa Bay Regional Planning Council; and
WHEREAS, WATSON L. HAYNES II, during his term on the Governing Board, serves his
community as President/CEO of the Coalition For A Safe and Drug Free St. Petersburg, Inc., and
through membership in the Pinellas County Health Facility Authority, the Omega Psi Phi Fraternity Inc.,
and numerous governmental boards and commissions; and
WHEREAS, WATSON L. HAYNES II, as a member of the Governing Board and Basin Board,
demonstrated exceptional skills in coalition-building, environmental leadership, foresight, wisdom and
administrative abilities that were instrumental in ensuring responsible stewardship of water resources
and related natural systems; and
39
WHEREAS, WATSON L. HAYNES II sought to enhance the District’s leadership in increasing
minority diversity consistently over all programs and employment, and was a champion of education
programs advocating water conservation and protection of natural resources; and
WHEREAS, during the past six years WATSON L. HAYNES II served as a member of the District
Governing Board and Basin Board, he led the implementation of progressive water management
practices and regulations, including the acquisition, use and management of thousands of acres of unique
lands for water management purposes; the Cooperative Funding Program; Minimum Flows and Levels;
Southern Water Use Caution Area Recovery Strategy; and implementation of the Northern Tampa Bay
New Water Supply and Groundwater Withdrawal Reduction Agreement (Partnership Agreement); and
WHEREAS, WATSON L. HAYNES II, as a member of the Governing Board and Basin Board,
demonstrated his preparedness for meetings as evidenced by dedicating many hours to reviewing and
researching topics before meetings and workshops; and
WHEREAS, WATSON L. HAYNES II at all times carried out the District's responsibilities in an
outstanding manner and with respect and cooperation toward municipal and county governments, other
public and private entities, consultants and the public; and
WHEREAS, the Governing Board of the Southwest Florida Water Management District wishes
to express its appreciation of these outstanding contributions, as well as those that are not mentioned but
which will long be attributed to the service of WATSON L. HAYNES II.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT that this Board honors WATSON L.
HAYNES II by adopting this resolution, expressing its appreciation for the fine and outstanding work of
this man who has dedicated himself to public service; and
BE IT FURTHER RESOLVED that this resolution be spread upon the minutes of this District,
permanently honoring the service of WATSON L. HAYNES II to this District, and that this resolution be
presented to him.
PASSED and ADOPTED this twenty-eighth day of March 2006.
SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT BY ITS GOVERNING BOARD
By ________________________________________
Attest: ________________________________________
40
March 28-29, 2006
Consent Agenda
12. Resolution No. 06-05, Commending Janet D. Kovach for Her Service as a Member of
the Southwest Florida Water Management District Governing Board
Ms. Kovach’s term expired on February 28, 2006. This resolution is to recognize
Ms. Kovach for her contributions to the District during her term on the Board.
See Exhibit
Approve Resolution No. 06-05, Commending Janet D. Kovach for Her Service as a
Member of the Southwest Florida Water Management District Governing Board.
Presenter:
41
42
COMMENDING
JANET D. KOVACH
FOR HER SERVICE AS A MEMBER OF THE
GOVERNING BOARD
WHEREAS, JANET D. KOVACH was appointed by Governor Jeb Bush to the Southwest Florida
Water Management District Governing Board in September 2000 and reappointed in February 2002; and
WHEREAS, JANET D. KOVACH served on the Governing Board through February 2006; and
WHEREAS, JANET D. KOVACH during her term, was elected twice as the Secretary of the
Governing Board in May 2001 through April 2002 and in May 2003 through April 2004; and
WHEREAS, JANET D. KOVACH served as Resource Management and Development Committee
Chair from June 2004 through February 2006; and
WHEREAS, JANET D. KOVACH during her term also served as a member of the Governing
Board Finance and Administration Committee, Regulation Committee, Resource Management and
Development Committee, and Outreach and Planning Committee; and
WHEREAS, JANET D. KOVACH served as the Governing Board’s Committee Liaison to the
Tampa Bay Estuary Program Policy Board and Community Advisory Committee, Tampa Bay Regional
Planning Council, Basin Boards Land Resources Committee and the Public Supply Advisory Committee
during her term on the Board; and
WHEREAS, JANET D. KOVACH was appointed to the Alafia River Basin Board in August 1999
and served on the Basin Board until she was appointed to the Governing Board in September 2000; and
WHEREAS, JANET D. KOVACH served as Chair Ex Officio of the Alafia River Basin Board
from September 2000 through February 2006; and
WHEREAS, JANET D. KOVACH, during her term on the Governing Board, also participates on
the Hillsborough River Greenways Task Force and East Tampa Bay Community Advisory Panel, and
was a member of the American Water Works Association, American Water Resources Association, and
the Florida Association of Water Quality Control; and
WHEREAS, JANET D. KOVACH’S community involvement includes the American Victory Ship
Mariners Memorial and Museum, Tampa Bay Watch, Seaport Sertoma Club, Greater Tampa Chamber
of Commerce, Riverview Chamber of Commerce, Riverview Civic Association and United Way of
Hillsborough County, among other governmental boards and commissions; and
WHEREAS, JANET D. KOVACH, as a member of the Governing Board and Basin Board,
demonstrated exceptional skill in coalition-building, environmental leadership, foresight, wisdom and
administrative abilities that were instrumental in ensuring responsible stewardship of water resources
and related natural systems; and
WHEREAS, during the past five years JANET D. KOVACH served as a member of the District
Governing Board and Basin Board, she led the implementation of progressive water management
43
practices and regulations, including the acquisition, use and management of thousands of acres of unique
lands for water management purposes; Minimum Flows and Levels; Southern Water Use Caution Area
Management Plan; and implementation of the Northern Tampa Bay New Water Supply and
Groundwater Withdrawal Reduction Agreement (Partnership Agreement); and
WHEREAS, JANET D. KOVACH has been a strong advocate for use of technology to improve
District staff efficiency and to assist in the development of appropriate scientific support for decisionmaking, and was an advocate of land stewardship and Surface Water Improvement and Management
restoration projects; and
WHEREAS, JANET D. KOVACH, as a member of the Governing Board and Basin Board,
demonstrated her preparedness for meetings as evidenced by dedicating many hours to reviewing and
researching topics before meetings and workshops; and
WHEREAS, JANET D. KOVACH at all times carried out the District's responsibilities in an
outstanding manner and with a spirit of friendliness and cooperation toward local city and county
governments, other public and private entities, consultants and the public; and
WHEREAS, the Governing Board of the Southwest Florida Water Management District wishes
to express its appreciation of these outstanding contributions, as well as those that are not mentioned but
which will long be attributed to the service of JANET D. KOVACH.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT that this Board honors JANET D.
KOVACH by adopting this resolution, expressing its appreciation for the fine and outstanding work of
this woman who has dedicated herself to public service; and
BE IT FURTHER RESOLVED that this resolution be incorporated into the minutes of this
District, permanently honoring the service of JANET D. KOVACH to this District, and that this resolution
be presented to her.
PASSED and ADOPTED this twenty-eighth day of March 2006.
SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT BY ITS GOVERNING BOARD
By ______________________________________
Attest: ___________________________________
44
March 28-29, 2006
Consent Agenda
13. Budget Transfer Report
Purpose
Approval of Budget Transfer Report.
Background
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
Approval of the Budget Transfer Report by the Governing Board.
Presenter: Linda R. Pilcher, Assistant Director, Finance Department
45
46
Month Ended February 28, 2006
--- TRANSFERRED FROM --Item Department /
Expenditure Category
No.
--- TRANSFERRED TO --Department /
Basin Board Approved
Alafia River, Northwest Hillsborough, and Pinellas-Anclote River Basins
1 9Non-Departmental
0Communications
9901 Reserve For Contingencies
8101 Grant - Financial Assistance
Pinellas-Anclote River Basin:
2 9Non-Departmental
Transfer
Amount
Reason For Transfer
Transfer of funds originally budgeted for contingencies. The funds were required to fund the $
flood portion of the Museum of Science and Industry Disasterville exhibit. Basins approved
funding as follows: Alafia - $6,600; Northwest Hillsborough - $8,400; and Pinellas-Anclote $28,200. (Hillsborough River Basin Board will consider transfer of remaining requested
funds at the April 2006 meeting.)
21,800
0Communications
Transfer of funds originally budgeted for contingencies. The funds were required to fund two
part-time positions for the Pinellas County Adopt-A-Pond project.
Total Basin Board Approved
Executive Director Approved
General Fund:
1 0Planning
1201 Regular Salaries and Wages
43,200
65,000
5Resource Management
3111 Consultant Services
$
Transfer of unused budgeted salary funds. The funds were required to secure temporary
contractor services for the Geographic Information Systems (GIS) while District GIS Analyst
is on extended military leave.
49,900
47
$
2
4Sarasota Regulation
4404 Rental of Other Equipment
4Sarasota Regulation
6401 Equipment - Inside
Transfer of funds originally budgeted for helicopter overflights. Due to staff shortages, the
first overflight has not been scheduled as planned for February/March. The funds were
needed for an additional microfiche reader in the vault to accommodate public requests to
view permitting files.
4,000
3
4002 Travel - Staff Duties
Transfer of funds originally budgeted for staff travel. Expenditures for FY2006 will be less
than budgeted. The funds were needed for rental of cold weather water quality sampling
equipment (such as wet suits) for testing on the Weeki Wachee, Chassahowitzka,
Homosassa, and Rainbow Rivers, and Kings Bay.
250
Facilities Fund:
4 0General Services
0General Services
3431 Contracted Construction
Transfer of funds originally budgeted as reserve funds in the Facilities Fund. The funds were
required for the replacement of the HVAC Control System in Brooksville Building 2. The
HVAC Control System was scheduled in the Capital Improvements Plan for replacement in
FY2007, but the replacement had to be accelerated due to equipment failure.
24,598
Alafia River Basin:
5 6Operations
3401 Other Contractual Services
6Operations
6403 Equipment - Outside
Transfer of funds originally budgeted for contractual services to upgrade the Medard
Reservoir structure with remote control capabilities. The funds were needed to purchase a
generator and actuator to complete the upgrade.
15,000
Total Executive Director Approved
Finance Director Approved
1 5Resource Conservation & Dev.
4003 Travel - Training
5101 Office Supplies
5404 Professional Licenses
3Resource Conservation & Data
4003 Travel - Training
5101 Office Supplies
5404 Professional Licenses
Transfer of budgeted funds for operating accounts to newly established Resource
Conservation & Data Department.
$
93,748
$
14,725
Month Ended February 28, 2006
--- TRANSFERRED FROM --Item Department /
No.
--- TRANSFERRED TO --Department /
Reason For Transfer
Transfer
Amount
48
2
6Operations
6Operations
5201 Parts and Supplies
Transfer of budgeted funds to the appropriate project code and expenditure categories for
P-5 Structure repairs.
171,776
3
8107 Grant - Agriculture
Transfer of budgeted funds to the appropriate project code for Institute of Food and
Agricultural Sciences Implementation of Best Management Practices (BMPs) for Flatwood
Citrus in support of Facilitating Agricultural Resource Management Systems (FARMS).
50,000
4
5Resource Conservation & Dev.
Transfer of budgeted funds to the appropriate project code for the Aquifer Storage and
Recovery Pretreatment Investigation of the Floridan aquifer.
100,000
5
Transfer of budgeted funds for three approved FARMS projects to the newly established
Resource Conservation & Data Department.
398,318
6
Transfer of budgeted funds to the appropriate project code for the Implementation of BMPs
in the Stevensons Creek Watershed - Turner Street Connector project.
7
6Operations
6Operations
4301 Utilities
Transfer of budgeted funds to the appropriate expenditure category for electrical usage
charges at the Neff Lake Road two-way radio tower.
8
Transfer of budgeted funds for an approved FARMS project to the newly established
Resource Conservation & Data Department.
9
0Human Resources & Risk Mgmt.
3421 Software
0Information Resources
HRS1 Human Resources Info. System
Transfer of budgeted funds to the appropriate department for replacement of existing Human
Resources Information System (Cyborg).
250,000
0Information Resources
WMS1 WMIS Software
WMS6 WMIS Other Contractual
Transfer of budgeted funds to the appropriate department for purchase of software and
development services to clean data and incorporate automated quality assurance and quality
control for the data in the Water Management Information System.
100,000
10 4Technical Services
1,000,000
1,200
34,120
Total Finance Director Approved
$ 2,120,139
Total Transfers for Governing Board Approval
$ 2,278,887
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------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.
March 28-29, 2006
Consent Agenda
14. 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 March 15, 2006, there is travel scheduled for outside the geographic boundaries of
the District.
No action required.
Presenter: Lou Kavouras, Director, Boards and Executive Services
49
50
March 28-29, 2006
Consent Agenda
15. Water Conservation Month Proclamation
The purpose of this item is to request that the Committee recommend that the Governing
Board sign a resolution declaring April 2006 as “Water Conservation Month.” Declaring
April as “Water Conservation Month” has historically been used by the District as a means
to focus the attention of the public on the need for and benefits of water conservation and
to highlight the resources available to help them.
Since 1998, the state of Florida, water management districts, local governments and
water-related organizations have declared April as “Water Conservation Month.” April is
typically the time of year when water demands increase due to generally hot and dry
conditions. The concept of "Water Conservation Month" was developed by the Florida
Water Wise Council, which has since evolved into the Water Efficiency Division of the
Florida Section of the American Water Works Association. The Florida Water Wise Council
board encouraged its members to declare "Water Conservation Month" within their own
agencies, and worked with the Secretary of the Department of Agriculture to have the
state make a similar declaration.
It is anticipated that on April 17 the Governor will sign a proclamation that April 2006 is
“Water Conservation Month.” Last year, 72 local governments and 3 water management
districts declared April 2005 as “Water Conservation Month.” This is an increase over the
previous year’s 38 entities. More are expected to join in the effort in 2006.
The resolution for the committee’s consideration and recommendation for approval by the
Governing Board is attached.
See Exhibits
Recommend the Governing Board approve and sign Resolution 06-03 declaring April 2006
as “Water Conservation Month.”
Presenter: Linda McBride, Director, Communications Department
51
52
March 28, 2006
The Honorable Jeb Bush
Governor, State of Florida
The Capitol
Tallahassee, FL 32301
Subject: Water Conservation Month
Dear Governor Bush:
The Governing Board of the Southwest Florida Water Management District is
pleased to join our counterparts around the state in declaring April 2006 “Water
Conservation Month.” As you know, the District supports water conservation as an
effective means to protect Florida’s water resources. We intend to use the
proclamation of April 2006 as “Water Conservation Month” to remind Florida’s
citizens about the benefits of water conservation. As in the past, we intend to use
the proclamation to reaffirm or establish partnerships to provide the information
and other tools to help Florida’s water users effectively reduce demand.
The Governing Board, Basin Boards and staff of the Southwest Florida Water
Management District appreciate your leadership in highlighting water conservation
as an important issue for Florida.
Sincerely,
Heidi B. McCree
Governing Board Chair
HBM/BB
cc: Governing Board Members
Basin Boards Members
Bruce C. Wirth, Deputy Executive Director
Lou Kavouras, Director, Boards and Executive Services
Gregg Jones, Director, Resource Conservation and Development
Linda McBride, Director, Communications
Richard Owen, Director, Planning
53
PROCLAIMING APRIL 2006 AS
“WATER CONSERVATION MONTH”
WHEREAS, the state of Florida, the Southwest Florida Water Management
District, local governments and others have since 1998 designated April,
typically a dry month when water demands increase, as Florida’s Water
Conservation Month to educate citizens about saving Florida’s precious
water resources; and
WHEREAS, the Southwest Florida Water Management District has always
encouraged and supported water conservation through its water supply
planning, coordination of educational programs and special events,
Cooperative Funding Initiative, technical assistance and regulatory
authority; and
W H E R E A S , every business, industry, school and citizen can make a
difference when it comes to conserving water; and
WHEREAS, each business, industry, school and citizen can help save water
by participating in District and local conservation programs and by adhering
to water conservation restrictions and ordinances.
THEREFORE, BE IT RESOLVED that the Southwest Florida Water
Management District hereby proclaims the month of April 2006 as “WATER
CONSERVATION MONTH.”
BE IT FURTHER RESOLVED that the Southwest Florida Water
Management District shall continue to promote water conservation through
its various programs.
BE IT FURTHER RESOLVED that the Chair and Secretary of the Governing
Board are hereby authorized to affix their signatures to this Resolution on
behalf of the Board.
PASSED AND ADOPTED in Brooksville, Hernando County, Florida, on this
28th day of March, 2006.
By:
_____________________________________
Attest: _____________________________________
APPROVED BY:
INITIALS
DATE
ATTORNEY
________
________
MANAGER
________
________
DIRECTOR
________
________
54
CONSENT ITEMS
DISCUSSION PAPER
ENVIRONMENTAL RESOURCE APPLICATION NO. 43011878.003
Polk County - Simmers-Young Park
16.
SUMMARY
Ɣ
Project Type:
A 125.60-acre Individual project serving a government recreation facility.
Ɣ
Location:
The project site is located approximately one-quarter of a mile to the south of the intersection of
S.R. 542 and Recker Highway in Polk County.
Ɣ
Surface Water Management System:
Engineering
The surface water management system consists of four wet detention ponds and one attenuationonly pond for water quality treatment and attenuation of storm water runoff. No adverse water
quality/quantity impacts are expected from this development.
100-year floodplain
There will be no encroachment into the 100-year floodplain.
Environmental
The project area includes 31.33 acres of wetlands consisting of 30.89 acres of forested wetlands
and 0.44 acre of upland cut ditches.
Permanent impacts are proposed to 0.10 acre of disturbed forested wetlands (wetland-cut ditch)
and 0.14 acre of upland cut ditch due to the construction of the roadway.
Mitigation is not required for the impact to the disturbed forested wetland due to low functional value
for wildlife. Mitigation is not required for the impact to the upland cut ditch, because the ditch meets
the specifications of Basis of Review subsection 3.2.2.2.
Ɣ
Meets Rule Requirements. Staff recommends approval.
55
56
Environmental Resource Permit Summary
Default Date: April 13, 2006
ENVIRONMENTAL RESOURCE
INDIVIDUAL CONSTRUCTION MODIFICATION
PERMIT NO. 43011878.003
Expiration Date: March 28, 2011
PERMIT ISSUE DATE: March 28, 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:
Polk County - Simmers-Young Park
GRANTED TO:
Polk County Board of County Commissioners
Post Office Box 9005, Drawer CS07
Bartow, FL 33831
ABSTRACT: This permit authorization replaces Permit No. 44011878.001 and modifies Permit No.
44023347.000. This authorization is for the construction of a new surface water management system
serving a 125.60-acre, government project, as named above and as shown on the approved construction
plans. The project site is located approximately one-quarter of a mile to the south of the intersection of
S.R. 542 and Recker Highway in Polk County. Information regarding the surface water management
system, 100-year flood plain, and wetlands is contained within the tables and comments below.
OP. & MAINT. ENTITY:
Polk County Board of County Commissioners
COUNTY:
Polk
SEC/TWP/RGE:
23,26/28S/25E
TOTAL ACRES OWNED
OR UNDER CONTROL:
299.00
PROJECT SIZE:
125.60 Acres
LAND USE:
Government
DATE APPLICATION FILED:
June 23, 2005
AMENDED DATE:
N/A
57
Permit No.:
43011878.003
Project Name: Polk County – Simmers-Young Park
I.
Water Quantity/Quality
POND
NO.
1
2
3
4
5
AREA
ACRES @ TOP OF BANK
2.26
0.86
1.16
2.50
4.35
11.13
TOTAL
TREATMENT TYPE
Wet Detention
Attenuation Only
Wet detention
Wet Detention
Wet Detention
A mixing zone is not required.
A variance is not required.
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
Compensation
(Acre-Feet of
excavation)
0.00
Compensation
Type*
NE
[ X ]
Encroachment
Result**(feet)
Depth
[ N/A
]
*Codes [ X ] for the type or method of compensation provided are as follows:
NE = No 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.
Environmental Considerations
Wetland Information:
WETLAND NO.
TOTAL
AC.
Wetland 1
Wetland 4
Surface Water 1
Surface Water 4
TOTAL
30.21
0.68
0.14
0.30
31.33
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
30.21
0.68
0.14
0.30
31.33
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Comments: The project area includes 31.33 acres of wetlands consisting of 30.89 acres of
forested wetlands (Wetland 1, 30.21 acre and Wetland 4, 0.68 acre) and 0.44 acre of upland cut
ditches (Surface Water 1, 0.14 acre and Surface Water 4, 0.30 acre). Permanent impacts are
proposed to 0.10 acre of disturbed forested wetlands (wetland-cut ditch)(Wetland 1, 0.10 acre)
and 0.14 acre of upland cut ditch (Surface Water 1, 0.14 acre) due to the construction of the
roadway. Mitigation is not required for the impact to the disturbed forested wetland due to low
functional value for wildlife. Mitigation is not required for the impact to the upland cut ditch,
because the ditch meets the specifications of Basis of Review subsection 3.2.2.2. The wetland
loss to the forested wetland and the upland cut ditch are not recorded in the Wetland Information
table above because they were deemed insignificant.
Watershed Name: Peace River
A regulatory conservation easement is not required.
A proprietary conservation easement is not required.
58
CONSENT ITEMS
DISCUSSION PAPER
Lake Juliana Estates
17.
SUMMARY
Ɣ
Project Type:
A 314.12-acre single-family residential project.
Ɣ
Location:
The project site is located on the south side of County Road 559-A, approximately one mile east of
County Road 655 in the city of Auburndale, Polk County.
Ɣ
Engineering
Treatment and attenuation of storm water runoff to be accomplished through seven retention
systems.
100-year floodplain
There will be 6.85 acre-feet of floodplain encroachment with 9.09 acre-feet of equivalent excavation
for compensation.
Environmental
The project area contains 135.21 acres of wetlands consisting of 129.62 acres of lakes (Lake
Tennessee and Lake Juliana) and 5.59 acres of herbaceous lake shore fringe (Wetland T; Wetland
J).
There is 0.04-acre of permanent wetland impact proposed to Lake Juliana due to placement of a
pier. A 0.01-acre temporary impact to both lakes will occur due to placement of outfall pipes.
Mitigation is not required for the permanent impacts because they were deemed de minimis.
Mitigation is not required for temporary impacts.
Ɣ
59
60
CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT (ERP) AND
SOVEREIGN SUBMERGED LAND AUTHORIZATION (SL)
INDIVIDUAL CONSTRUCTION SURFACE WATER MANAGEMENT SYSTEMS
PERMIT NO. 43029734.000
AND
SOVEREIGNTY LANDS LETTER OF CONSENT
ERP Expiration Date: March 28, 2011
SL Expiration Date: N/A
This permit, issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and Chapter 40D-4,
Florida Administrative Code, (F.A.C.), authorizes the Permittee to perform the work outlined herein and
shown by the application, approved drawings, plans, and other documents, attached hereto and kept on
file at the Southwest Florida Water Management District (District).
Authorization is granted to use sovereign submerged lands as outlined herein and shown by the
application, approved drawings, plans, and other documents attached hereto and kept on file at the
District under the provisions of Chapter 253, F.S., and Chapter 18-21, F.A.C., as well as the policies of
the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees). This approval does
not disclaim any title interests that the Board of Trustees may have in the project site. Any subsequent
authorizations by the Board of Trustees or its designated agents may contain conditions necessary to
satisfy the fiduciary responsibilities of the Board of Trustees as well as other applicable statutory or rule
requirements implemented by the Department of Environmental Protection's Division of State Lands or
other governmental agencies authorized by Florida Statutes.
All construction, operation, and maintenance of the surface water management system authorized by this
permit.
PROJECT NAME:
Lake Juliana Estates
GRANTED TO:
Toll Orlando Limited Partnership
120 Fairway Woods Boulevard
Orlando, FL 32824-9026
ABSTRACT: This permit authorization is for the construction of a new surface water management
system serving a 314.12-acre single-family residential project as named above and as shown on the
approved construction drawings. An Incidental Site Activities Permit was issued on March 2, 2006,
authorizing installation of erosion and sediment control measures, limited clearing, and limited excavation
in upland areas of the project. The project site is located on the south side of County Road 559-A,
approximately one mile east of County Road 655 in the city of Auburndale, Polk County. Information
regarding the surface water management systems, 100-year floodplain and wetlands is contained within
the tables and comments below.
Lake Juliana Homeowners' Association
COUNTY:
Polk
WATERBODY NAME:
Lake Juliana
AQUATIC PRESERVE:
N/A
61
Permit No.:
43029734.000
Project Name: Lake Juliana Estates
SEC/TWP/RGE:
9,10,15,16/27S/25E
TOTAL ACRES OWNED
OR UNDER CONTROL:
314.12
PROJECT SIZE:
314.12 Acres
LAND USE:
Residential
October 6, 2005
AMENDED DATE:
January 17, 2006
I.
POND
NO.
1
2
3
4
JS
RS
TS
AREA
ACRES @ TOP OF BANK
4.77
1.66
1.68
3.80
0.42
0.09
0.91
13.33
TOTAL
TREATMENT TYPE
Retention
Retention
Retention
Retention
Retention
Retention
Retention
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
6.85
Compensation
(Acre-Feet of
excavation)
9.09
Compensation
Type*
EE
[X]
Encroachment
Result**(feet)
Depth
[N/A]
EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of
Review;
62
Permit No.:
43029734.000
Project Name: Lake Juliana Estates
III.
WETLAND NO.
TOTAL
AC.
Lake Tennessee
Lake Juliana
Wetland T
Wetland J
TOTAL
63.16
66.46
1.55
4.04
135.21
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
63.15
66.45
1.55
4.04
13.19
0.01
0.01
0.00
0.00
0.02
0.00
0.00
0.00
0.00
0.00
Comments: The project area contains 135.21 acres of wetlands consisting of 129.62 acres of
lakes (Lake Tennessee and Lake Juliana) and 5.59 acres of herbaceous lake shore fringe
(Wetland T, Wetland J). There is 0.04-acre of permanent wetland impact proposed to Lake
Juliana due to placement of a pier. A 0.01-acre temporary impact to both lakes will occur due to
placement of outfall pipes. Mitigation is not required for the permanent impacts because it is
deemed de minimis. Mitigation is not required for temporary impacts. The impacts are not shown
on the table above because they were deemed insignificant.
Mitigation Comments:
Mitigation is not required for the permanent impacts because they were deemed de minimis.
Mitigation is not required for temporary impacts.
IV.
Sovereign Submerged Lands.
ACTIVITY
Pier
TOTALS:
PREEMPTED AREA
DREDGED
NO. OF SLIPS
1,583 square feet
1,583 square feet
0 cubic yards
0 cubic yards
0
0
Shoreline Length: 158.3 feet
63
CONSENT ITEMS
DISCUSSION PAPER
Saddle Creek Warehouse Expansion
18.
SUMMARY
Ɣ
Project Type:
A 202.26-acre Individual project serving a commercial warehousing facility.
Ɣ
Location:
The project site is located on the north side of Saddle Creek Road, at its intersection with Fish
Hatchery Road, in Polk County.
Ɣ
Engineering
The surface water management system consists of four wet detention ponds and one attenuationonly pond for water quality treatment and attenuation of storm water runoff. No adverse water
quality/quantity impacts are expected from this development.
There will be no encroachment into the 100-year floodplain.
Environmental
The project area contains 26.81 acres of wetlands and 1.29 acres of upland cut ditches. Of the
26.81 acres of wetlands, 21.05 acres are herbaceous and 5.76 acres are forested.
Permanent impacts are proposed to 16.55 acres of herbaceous wetlands and 1.29 acres of upland
cut ditches.
Mitigation for the permanent impacts to onsite wetlands is provided by 25.25 acres of herbaceous
wetland creation and 2.54 acres of herbaceous wetland enhancement. No mitigation is required for
the impacts to the upland cut ditches because they do not provide significant habitat to threatened
or endangered species and they meet the requirements of the Basis of Review subsection 3.2.2.2.
Ɣ
64
65
PERMIT NO. 49004217.008
permit.
PROJECT NAME:
Saddle Creek Warehouse Expansion
GRANTED TO:
Saddle Creek Corporation
3010 Saddle Creek Road
Lakeland, FL 33801
ABSTRACT: This permit authorization modifies and completely replaces previously issued Permit No.
49004217.004 and is for the construction of a new surface water management system serving a 202.26acre, commercial project, as named above and as shown on the approved construction plans. The
project site is located on the north side of Saddle Creek Road, at its intersection with Fish Hatchery Road,
in Polk County. Information regarding the surface water management system, 100-year flood plain, and
wetlands is contained within the tables and comments below.
Saddle Creek Corporation
COUNTY:
Polk
SEC/TWP/RGE:
03/28S/24E and 34/27S/24E
TOTAL ACRES OWNED
OR UNDER CONTROL:
214.89
PROJECT SIZE:
202.26 Acres
LAND USE:
Commercial
December 30, 2004
AMENDED DATE:
N/A
66
Permit No.:
49004217.008
Project Name: Saddle Creek Warehouse Expansion
I.
POND
NO.
1
3
5A/5B
5E
8 (SW-7)
TREATMENT TYPE
AREA
ACRES @ TOP OF BANK
3.13
6.76
4.93
27.30
1.46
43.58
TOTAL
Wet Detention
Wet Detention
Attenuation only
Wet Detention
Wet Detention
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
Compensation
(Acre-Feet of
excavation)
0.00
Compensation
Type*
NE
[ X ]
Encroachment
Result**(feet)
Depth
[ N/A
NE = No Encroachment; N/A = Not Applicable
III.
WETLAND NO.
TOTAL
AC.
WL-1
WL-2
WL-3
WL-4
WL-5
WL-6
WL-7
WL-7A
WL-8
WL-9
WL-10
12.26
0.39
3.90
1.57
4.87
0.89
0.05
0.01
0.02
0.89
0.77
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.00
0.00
0.00
1.57
4.87
0.89
0.05
0.01
0.02
0.89
0.77
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
12.26
0.39
3.90
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
67
]
Permit No.:
49004217.008
WETLAND NO.
TOTAL
AC.
WL-11
WL-12
WL-13
SW-11
SW-11A
SW-12
SW-13
SW-14
SW-15
SW-16
SW-17
SW-18
SW-19
SW-20
SW-21
TOTAL
0.23
0.65
0.31
0.22
0.09
0.11
0.14
0.13
0.11
0.14
0.17
0.03
0.07
0.05
0.03
28.10
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.23
0.65
0.31
0.22
0.09
0.11
0.14
0.13
0.11
0.14
0.17
0.03
0.07
0.05
0.03
11.55
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
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
0.00
0.00
0.00
0.00
0.00
16.55
Comments: The project area contains 26.81 acres of wetlands and 1.29 acres of upland cut
ditches. Of the 26.81 acres of wetlands, 21.05 acres are herbaceous (wetlands WL-1, WL-2, WL3, WL-4, WL-7, WL-7A, WL-8, WL-9, WL-10, WL-11, WL-12, and WL-13) and 5.76 acres are
forested (wetlands WL-5 and WL-6).
Permanent impacts are proposed to 16.55 acres of herbaceous wetlands and 1.29 acres of
upland cut ditches.
The impacts to the upland cut ditches are not recorded in the table above because they are not
used by threatened or endangered species and were deemed insignificant.
Mitigation Information:
AREA
CREATED/
NO.
RESTORED
AC.
WC-1
WL-9
WL-10
WL-11
WL-12
TOTAL
NET CHANGE
25.25
0.00
0.00
0.00
0.00
25.25
8.70
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
0.00
0.00
0.00
0.89
0.00
0.77
0.00
0.23
0.00
0.65
0.00
2.54
OTHER MITIGATION TOTAL
WETLANDS
PRESERVED
AC.
MISC. MITI.
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
0.00
Comments: Mitigation for the permanent impacts to onsite wetlands is provided by 25.25 acres
of herbaceous wetland creation (WC-1) and 2.54 acres of herbaceous wetland enhancement
(WL-9, WL-10, WL-11, and WL-12).
68
Permit No.:
49004217.008
No mitigation is required for the impacts to the upland cut ditches because they do not provide
significant habitat to threatened or endangered species and they meet the requirements of the
Basis of Review subsection 3.2.2.2.
The functional loss of 10.47 due to the wetland impacts associated with this project is offset by
the functional gain of 10.51 provided by the mitigation. The amount of mitigation required was
determined through the use of the Uniform Mitigation Assessment Methodology (Chapter 62-345
F.A.C.).
69
CONSENT ITEMS
DISCUSSION PAPER
Watergrass - Parcels B1, B2, B3, B4
19.
SUMMARY
x
Project Type:
This permit is for the construction of a new surface water management system to serve a 170-acre
residential development.
x
Location:
The project site is located on the east side of Curley Road, approximately two miles north of State
Road 54, in Pasco County.
x
Engineering
Water Quality
Eleven wet detention ponds and an isolated wetland provide water quality treatment for one-inch of
runoff from each contributing drainage basin.
Water Quantity
Attenuation provided in eleven wet detention ponds and the isolated wetland. Pre-development
discharge rate entering Wetland 2 = 1,075.09 cfs. Post-development discharge rate entering Wetland
2 = 959.86 cfs.
Flood Insurance Rate Map Community Panel 120 230 275D indicates no portions of the project lie
within a 100-year floodplain.
Environmental
There are 59.98 acres of wetlands and surface waters within the project.
Construction will result in permanent impact to 1.82 acres of wetlands requiring habitat mitigation and
1.26 acres of surface waters and 0.15 acre of wetlands exempt from habitat mitigation.
Since under the ERP Basis of Review (Subsections 3.2.2.1 and 3.2.2.2) no significant wildlife habitat
is provided by the 1.41 acres of wetlands and surface waters, no habitat mitigation is required.
To mitigate for 1.82 acres of permanent impact to wetlands, the Permittee will create 4.05 acres of
wetlands from uplands.
The amount of mitigation needed to offset the loss of wetland functions was determined using the
Uniform Mitigation Assessment Method. The Functional Loss of the wetland impacts requiring
habitat mitigation was determined to be 1.08 units. The wetland creation provides a Functional Gain
of 1.50 units. The remaining excess 0.42 Functional Gain units from wetland creation are potentially
available for future projects.
x
70
71
Default Date: May 1, 2006
INDIVIDUAL CONSTRUCTION
PERMIT NO. 43006666.004
permit.
PROJECT NAME:
Watergrass - Parcels B1, B2, B3, B4
GRANTED TO:
CKB Development LLC
2940 Sports Core Circle
Wesley Chapel, FL 33543
ABSTRACT: This permit is for the construction of a new surface water management system to serve a
170-acre residential development. The project site is located on the east side of Curley Road,
approximately two miles north of State Road 54, in Pasco County. Adjacent permitted facilities, which
abut the project site, include the Watergrass – Parcels A1 and A2 (Environmental Resource Permit No.
44006666.003) to the west. Information regarding the surface water management system and wetlands is
contained within the tables below.
Watergrass Property Owners’ Association, Inc.
COUNTY:
Pasco
SEC/TWP/RGE:
34,35/25S/20E
TOTAL ACRES OWNED
OR UNDER CONTROL:
1,036.00
PROJECT SIZE:
170.00 Acres
LAND USE:
Residential
May 27, 2005
AMENDED DATE:
N/A
72
Permit No.:
43006666.004
Project Name: Watergrass – Parcels B1, B2, B3, B4
I.
AREA
ACRES @ TOP OF BANK
3.36
1.31
6.24
0.44
1.89
2.27
0.76
2.40
2.60
0.73
1.37
3.40
26.51
POND NO.
B1
B2
B3
C
D
E
H
J
K
L
M
WL-7
TOTAL
TREATMENT TYPE
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Isolated Wetland
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
Compensation
(Acre-Feet of
excavation)
0.00
Compensation
Type*
NE
[X]
Encroachment
Result**(feet)
Depth
[ N/A ]
MI = Minimal Impact based on modeling of existing stages vs. post-project encroachment.
73
Permit No.:
43006666.004
Project Name: Watergrass – Parcels B1, B2, B3, B4
III.
WETLAND NO.
2
2B
6A
6B
7A
8
9
9A
9B
9C
10
14
14A
47
48A
49
50
13A
TOTAL
TOTAL
AC.
8.75
6.55
0.10
0.04
0.38
7.02
4.27
7.16
4.15
1.41
0.82
0.82
2.72
0.10
0.05
0.01
0.05
15.00
59.98
CREATED/
AREA
RESTORED
NO.
AC.
MB-1
MB-2
MB-3
TOTAL
NET CHANGE
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
7.43
6.55
0.10
0.04
0.38
6.88
4.27
7.16
3.91
1.36
0.81
0.81
2.71
0.10
0.05
0.01
0.05
14.98
58.16
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
0.00
0.00
0.00
0.00
0.00
0.00
1.32
0.00
0.00
0.00
0.00
0.14
0.00
0.00
0.24
0.05
0.01
0.01
0.01
0.00
0.00
0.00
0.00
0.02
1.82
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
1.05
0.00
0.00
0.90
0.00
0.00
2.10
0.00
0.00
4.05
0.00
0.00
+2.23 OTHER MITIGATION TOTAL
WETLANDS
PRESERVED
AC.
0.00
0.00
0.00
0.00
MISC. MITI.
AC.
0.00
0.00
0.00
0.00
0.00
Comments:
There are 59.98 acres of wetlands and surface waters within the project.
Construction will result in permanent impact to 1.82 acres of wetlands requiring habitat mitigation
and 1.26 acres of surface waters and 0.15 acre of wetlands exempt from habitat mitigation.
Since under the ERP Basis of Review (Subsections 3.2.2.1 and 3.2.2.2) no significant wildlife
habitat is provided by the 1.41 acres of wetlands and surface waters, no habitat mitigation is
required. To mitigate for 1.82 acres of permanent impact to wetlands, the Permittee will create
4.05 acres of wetlands from uplands. The amount of mitigation needed to offset the loss of
wetland functions was determined using the Uniform Mitigation Assessment Method. The
Functional Loss of the wetland impacts requiring habitat mitigation was determined to be 1.08
units. The wetland creation provides a Functional Gain of 1.50 units. The remaining excess 0.42
Functional Gain units from wetland creation are potentially available for future projects.
Watershed Name: Hillsborough River
74
CONSENT ITEMS
DISCUSSION PAPER
Tampa Bay Water - West Pasco Improvements Project
20.
SUMMARY
Ɣ
Project Type:
Construction permit for a seven-mile water transmission main and booster station providing water to
the West Pasco Service Area.
Ɣ
Location:
The project site is located east of Little Road and west of Suncoast Parkway in Pasco County.
Ɣ
Engineering
Water Quality
A retention pond is required for the booster station site. No permanent system is required for the
water transmission main.
Water Quantity
Attenuation is provided in the retention pond.
There are no impacts to the FEMA 100-year floodplain. Compensation storage is not required.
Environmental
This project contains 5.90 acres of wetlands.
Project construction will result in the temporary disturbance of 2.27 acres of wetlands and the
permanent deforestation of 1.61 acres of wetlands.
To mitigate for these impacts the Permittee will restore the 2.27 acres of temporary wetland impacts
on-site and enhance 2.88 acres of wetlands, off-site, at the Werner-Boyce Salt Springs State Park.
Ɣ
75
76
Default April 19, 2006
PERMIT NO. 43029577.000
permit.
PROJECT NAME:
Tampa Bay Water - West Pasco Improvements Project
GRANTED TO:
Tampa Bay Water
2575 Enterprise Road
Clearwater, FL 33763-1102
ABSTRACT: This permit authorizes the construction of a surface water management system to serve a
seven-mile water transmission main and booster station for the West Pasco Service Area. The project
site is located east of Little Road and west of the Suncoast Parkway, Pasco County. Information
regarding the surface water management system and wetlands are contained within the tables below.
Tampa Bay Water
COUNTY:
Pasco
SEC/TWP/RGE:
4-6,10,11,13,24/26S/17E
TOTAL ACRES OWNED
OR UNDER CONTROL:
62.32
PROJECT SIZE:
62.32 Acres
LAND USE:
Government
September 16, 2005
AMENDED DATE:
N/A
77
Permit No.:
43029577.000
Project Name: Tampa Bay Water – West Pasco Improvements Project
I.
POND
NO.
Pond
AREA
ACRES @ TOP OF BANK
0.14
0.14
TOTAL
TREATMENT TYPE
On-line retention
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
Compensation
(Acre-Feet of
excavation)
0.00
0.00
Compensation
Type*
NE
[X]
Encroachment
Result**(feet)
Depth
[N/A]
III.
WETLAND NO.
TOTAL
AC.
1
2
3
4
5
6
7
8
10
10A
11A
Anclote River
12
12A
Werner Boyce
TOTAL
0.13
0.17
0.01
0.68
0.15
0.30
0.08
0.08
0.09
0.00
0.08
0.75
0.09
0.41
2.88
5.90
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.75
0.00
0.00
2.88
3.63
0.00
0.00
0.00
0.00
0.00
0.00
0.08
0.08
0.09
0.00
0.00
0.00
0.00
0.41
0.00
0.66
0.13
0.17
0.01
0.68
0.15
0.30
0.00
0.00
0.00
0.00
0.08
0.00
0.09
0.00
0.00
1.61
78
Permit No.:
43029577.000
Project Name: Tampa Bay Water – West Pasco Improvements Project
AREA
CREATED/
NO.
RESTORED
AC.
Werner Boyce
TOTAL
NET CHANGE
0.00
0.00
-1.61
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
0.00
2.88
0.00
2.88
WETLANDS
PRESERVED
AC.
MISC. MITI.
AC.
0.00
0.00
0.00
0.00
2.88
Comments:
This project contains 5.90 acres of wetlands. Project construction will result in
the temporary disturbance of 2.27 acres of wetlands and the permanent deforestation of 1.61
acres of wetlands (resulting in a Functional Loss of 0.262). To mitigate for these impacts the
Permittee will restore the 2.27 acres of temporary wetland impacts, which includes the forested
wetland impacts, to an herbaceous wetland condition. Additionally the Permittee will enhance
2.88 acres of wetlands at the Werner-Boyce Salt Springs State Park primarily by removal of
Brazilian Pepper (resulting in a Functional Gain of 0.302). Details about the restoration of the
wetland impacts and the wetland enhancement are contained in the approved construction
drawings and in Parsons’ Revised Appendix G, Restoration and Mitigation Statement, received
by the District November 23, 2005.
Watershed Name: Upper Coastal Drainage
79
CONSENT ITEMS
21.
DISCUSSION PAPER
MANAGEMENT AND STORAGE OF SURFACE WATER APPLICATION NO. 49002364.130
Heritage Springs - Parcel B
SUMMARY
Ɣ
Project Type:
Construction permit for mass grading and new surface water management system of a 263.16-acre
golf course and residential community.
Ɣ
Location:
The project site is located south of SR 54 and east of Suncoast Parkway in Pasco County.
Ɣ
Engineering
Water Quality
Detention/retention pond 1A-3 located in Basin 1 will continue to treat the runoff from one inch of
rainfall. Seventeen new wet detention ponds will treat one inch of runoff.
Water Quantity
Attenuation is provided in seventeen wet detention ponds and four wetlands.
No compensating storage is provided. The 100-year floodplain requirements are satisfied by
containing the 100 year 24 hour storm event within the wetlands and detention ponds.
Environmental
This project contains 93.53 acres of wetlands.
Project construction will result in the filling of 0.93 acre of wetlands and temporary impact to 0.85
acre of wetlands.
To mitigate for these impacts, 1.58 credit units were debited from the Compensation Banking
System established in Management and Storage of Surface Water Permit No. 49002364.005,
Trinity Communities East Pasco Tract.
Ɣ
80
81
MANAGEMENT AND STORAGE OF SURFACE WATER
PERMIT NO. 49002364.130
permit.
PROJECT NAME:
Heritage Springs - Parcel B
GRANTED TO:
Adam Smith Enterprises, Inc.
Post Office Box 1608
Tarpon Springs, FL 34688
ABSTRACT: This permit modification authorizes mass grading and construction of a new surface water
management system within Heritage Springs – Parcel B. Subsequent permit modifications will be
required for construction of lots, roadways, golf course and associated infrastructure. The project site is
located south of SR 54 and east of Suncoast Parkway in Pasco County. Adjacent properties are those
associated with Trinity Community Properties (Management and Storage of Surface Water [MSSW]
Permit No. 49002364.000) and subsequent construction permits. This permit modifies MSSW No.
49002364.040, 49002364.051, and 49002364.090 issued July 28, 1998, October 13, 1999, and
April 4, 2002, respectively. Information regarding the surface water management system is contained
within the tables below.
Heritage Springs Communities Association
COUNTY:
Pasco
SEC/TWP/RGE:
33/26S/17E
TOTAL ACRES OWNED
OR UNDER CONTROL:
3,884.00
PROJECT SIZE:
263.16 Acres
LAND USE:
Residential
September 16, 2005
AMENDED DATE:
December 16, 2005
82
Permit No.:
49002364.130
Project Name: Heritage Springs – Parcel B
I.
POND
NO.
161-C2
162-A
162-A2
162-B
162-C
162-D
180-A
191-A
191-B
191-B2
192-A
192-B
192-C
192-G
192-H
192-J
192-K
192-L
192-M
196-A
196-B
AREA
ACRES @ TOP OF BANK
1.96
0.76
0.62
2.42
4.51
4.29
2.58
2.86
0.34
0.29
4.10
1.65
0.34
0.59
1.58
0.30
0.97
131.54
1.64
1.58
10.12
175.04
TOTAL
TREATMENT TYPE
Wet detention
Wet detention
Wet detention
Wet detention
Wetland
Wetland
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wetland
Wet detention
Wet detention
Wetland
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
Compensation
(Acre-Feet of
excavation)
0.00
Compensation
Type*
NE
[X]
Encroachment
Result**(feet)
Depth
[N/A]
83
Permit No.:
49002364.130
Project Name: Heritage Springs – Parcel B
III.
WETLAND NO.
TOTAL
AC.
EP 8
EP 10
EP 16
EP 18
EP 19
TOTAL
79.50
5.13
4.10
4.30
0.50
93.53
AREA
CREATED/
NO.
RESTORED
AC.
N/A
TOTAL
NET CHANGE
0.00
0.00
-0.93
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
78.36
4.99
4.10
4.30
0.00
91.75
0.71
0.14
0.00
0.00
0.00
0.85
0.43
0.00
0.00
0.00
0.50
0.93
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
0.00
0.00
0.00
0.00
WETLANDS
PRESERVED
AC.
MISC. MITI.
AC.
0.00
0.00
0.00
0.00
0.00
Comments:
This project contains 93.53 acre of wetlands. Project construction will result in
the filling of 0.93 acre of wetlands and temporary impact to 0.85 acre of wetlands. To mitigate for
these impacts, 1.58 credit units were debited from the Compensation Banking System
established in MSSW No. 49002364.005, Trinity Communities East Pasco Tract. Additionally,
pursuant to MSSW No. 49002364.005, 12.68 acres of wetlands within this project area have been
given credit for hydrologic enhancement, resulting in 0.64 credit units.
The current total in the Compensation Banking System for the Trinity Communities development
is 26.26 credit units.
84
CONSENT ITEMS
22.
DISCUSSION PAPER
MANAGEMENT AND STORAGE OF SURFACE WATER APPLICATION NO. 49002364.132
Heritage Springs - Parcel B, Villages 25-31
SUMMARY
x
Project Type:
Construction of a 176.19-acre golf course residential subdivision within Heritage Springs – Parcel B,
known as the Villages 25-31. This project will utilize the surface water management system
authorized under (Management and Storage of Surface Water [MSSW] Permit No. 49002364.130.
x
Location:
The project site is located south of State Road 54 and east of Suncoast Parkway in Pasco County.
x
Engineering
Water Quality
Detention/retention pond 1A-3 located in Basin 1 will continue to treat the runoff from one inch of
rainfall. Seventeen additional wet detention ponds will treat one inch of runoff from the project area.
Water Quantity
Attenuation is provided in seventeen wet detention ponds and four wetlands.
No compensating storage is provided. The 100-year floodplain requirements are satisfied by
containing the 100-year, 24-hour storm event within the wetlands and detention ponds.
Environmental
There are no wetlands within the project limits.
Due to the relationship between wetland impacts, wetland mitigation, and overlapping project areas,
no construction by this permit (MSSW Permit No. 49002364.132) is authorized prior to the issuance
of MSSW Permit No. 49002364.130.
x Meets Rule Requirements. Staff recommends approval.
85
86
MANAGEMENT AND STORAGE OF SURFACE WATER
PERMIT NO. 49002364.132
permit.
PROJECT NAME:
Heritage Springs - Parcel B, Villages 25-31
GRANTED TO:
U.S. Home Corporation
600 North Westshore Boulevard, Suite 600
Tampa, FL 33609
ABSTRACT: This permit modification authorizes the construction of a 176.19-acre golf course residential
subdivision within Heritage Springs – Parcel B, known as the Villages 25-31. This project will utilize the
surface water management system authorized under (Management and Storage of Surface Water
[MSSW] Permit No. 49002364.130). The project site is located south of SR 54 and east of Suncoast
Parkway in Pasco County. Adjacent properties are those associated with Trinity Community Properties
(Management and Storage of Surface Water [MSSW] Permit No. 49002364.000) and subsequent
construction permits. This permit modifies MSSW Permit No. 49002364.130.
Heritage Springs Communities Association
COUNTY:
Pasco
SEC/TWP/RGE:
33/26S/17E
TOTAL ACRES OWNED
OR UNDER CONTROL:
958.55
PROJECT SIZE:
176.19 Acres
LAND USE:
Residential
December 20, 2005
AMENDED DATE:
January 26, 2006
87
Permit No.: 49002364.132
Project Name: Heritage Springs – Parcel B, Villages 25-31
I.
AREA
ACRES @ TOP OF BANK
1.96
0.76
0.62
2.42
4.51
4.29
2.86
0.34
0.29
4.10
1.65
0.34
0.59
1.58
0.30
131.54
1.58
10.12
169.85
POND NO.
161-C2
162-A
162-A2
162-B
162-C
162-D
191-A
191-B
191-B2
192-A
192-B
192-C
192-G
192-H
192-J
192-L
196-A
196-B
TOTAL
TREATMENT TYPE
Wet detention
Wet detention
Wet detention
Wet detention
Wetland
Wetland
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wet detention
Wetland
Wet detention
Wetland
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
Compensation
Type*
Compensation
(Acre-Feet of
excavation)
0.00
NE
[X]
Encroachment
Result**(feet)
Depth
[N/A]
*Codes [X] for the type or method of compensation provided are as follows:
III.
There are no wetlands within the project limits. However, wetland impacts within and directly
adjacent to this project’s limits are addressed within MSSW Permit No. 49002364.130. A specific
condition within this permit (MSSW Permit No. 49002364.132) clarifies the linked construction of
these two permits.
88
CONSENT ITEMS
DISCUSSION PAPER
Wiregrass - Parcel S1
23.
SUMMARY
x
Project Type:
This permit is for the conceptual approval of a new surface water management system to serve a
725.52-acre development.
x
Location:
The project site is located east of County Road 581, south of State Road 54 and north of State Road
56 in Pasco County.
x
Engineering
Water Quality
Thirty wet-detention systems and two isolated wetland systems provide water quality treatment for
one-inch of runoff from each contributing drainage basin. These wet-detention and isolated wetland
systems include interconnected ponds and sumps which are being utilized for treatment and
attenuation.
Water Quantity
Attenuation provided in wet detention ponds and isolated wetlands.
Flood Insurance Rate Map (F.I.R.M.) Community Panel 120 230 0430E indicates portions of the
project to lie within a floodplain. The project engineer has calculated that the project will result in
48.90 acre-feet of 100-year floodplain encroachment. This loss will be mitigated by creating 33.30
acre-feet of on-site compensatory storage and by raising the 100-year floodplain elevations within onsite wetlands, creating an additional 94.44 ac-feet of storage for a total compensation volume of
127.75 ac-feet.
Environmental
This project contains 160.83 acres of wetlands and 0.21 acre of surface waters.
The permit conceptually approves the permanent impact to 22.90 acres of forested and non-forested
wetlands.
To mitigate for the wetland impacts, this Conceptual Permit requires the creation of 38.20 acres
forested and non-forested wetlands from uplands and the placement of 128.57 acres of wetlands and
5.87 acres of uplands into a perpetual conservation easement.
This mitigation will also off-set secondary impacts to 0.13 acre of offsite wetlands, which will be less
than 0.50 acre in size after authorized construction.
89
Permit No.:
49027030.006
Project Name: Wiregrass – Parcel S1
The amount of mitigation needed to offset the loss of wetland functions was determined using the
Uniform Mitigation Assessment Method. The Functional Loss of the wetland impacts requiring habitat
mitigation was determined to be 13.16 units. The mitigation Functional Gain was determined to be
13.30 units. The remaining 0.14 Functional Gain units are potentially available for future projects.
The permit also conceptually approves 0.06 acre of temporary wetland impacts. The temporarily
impacted wetland areas will be allowed to naturally re-vegetate.
Additionally, 2.09 acre of wetlands and 0.21 acre of surface waters are conceptually approved to be
permanently impacted, however, since under the Environmental Resource Permit Basis of Review
(Sections 3.2.2.1 and 3.2.2.2), no significant habitat is provided by these wetlands and surface
waters, no habitat mitigation will be required. The water quality enhancement functions impacted by
the construction will be replaced by the proposed stormwater treatment system.
90
91
CONCEPTUAL
PERMIT NO. 49027030.006
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:
Wiregrass - Parcel S1
GRANTED TO:
Di Vosta Homes
6003 Honore Avenue
Sarasota, FL 34238
Wiregrass Ranch, Inc.
28644 State Road 54 West
Zephyrhills, FL 33543-4216
ABSTRACT: This permit is for the conceptual approval of a new surface water management system to
serve a 725.52-acre development. The project site is located east of County Road 581, south of State
Road 54 and north of State Road 56 in Pasco County. Information regarding the surface water
management system and wetlands is contained within the tables below.
N/A
COUNTY:
Pasco
SEC/TWP/RGE:
17-20/26S/20E
TOTAL ACRES OWNED
OR UNDER CONTROL:
5,120.09
PROJECT SIZE:
725.52 Acres
LAND USE:
Residential
August 19, 2005
AMENDED DATE:
N/A
92
Permit No.:
49027030.006
I.
POND NO.
S1-100
S1-110
S1-140
S1-170
S1-120
S1-130
S1-160
S1-190
S1-205
S1-230
S1-210
S1-220
S1-220A
S1-250
S1-240
S1-200
S1-330
S1-340
S1-380
S1-300
S1-310
S1-320
S1-400
S1-410
S1-430
S1-465
S1-460
S1-470
S1-485
S1-420
S1-480
S1-305
PB-7
PB-4
S3-690
S3-680
S3-670
S3-110
S3-100
S3-190
TOTAL
AREA
ACRES @ TOP OF BANK
6.31
6.03
7.95
1.45
3.95
3.56
4.05
10.16
3.96
1.34
3.60
2.18
0.67
5.54
5.12
2.41
2.00
2.23
1.05
1.64
0.93
3.35
1.95
1.47
1.90
1.43
2.00
3.16
0.63
0.98
3.75
0.33
0.67
1.14
0.57
1.04
0.67
0.35
9.19
4.63
115.34
93
TREATMENT TYPE
Wet Detention
Wet Detention
Wet Detention
N/A
Wet Detention
Wet Detention
Wet Detention
Isolated Wetland
Isolated Wetland
Isolated Wetland
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
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Isolated Wetland
Permit No.:
49027030.006
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
48.90
Compensation
(Acre-Feet of excavation)
127.75
Compensation
Type*
EE
[X]
Encroachment
Result**(feet)
Depth
[N/A]
*Codes [X] for the type or method of compensation provided are as follows:
Review;
III.
Comments: This project contains 160.83 acres of wetlands and 0.21 acre of surface waters. The
permit conceptually approves the permanent impact to 22.90 acres of forested and non-forested
wetlands. To mitigate for the wetland impacts, this Conceptual Permit requires the creation of
38.20 acres forested and non-forested wetlands from uplands and the placement of 128.57 acres
of wetlands and 5.87 acres of uplands into a perpetual conservation easement. This mitigation
will also off-set secondary impacts to 0.13 acre of offsite wetlands, which will be less than 0.50
acre in size after authorized construction. The amount of mitigation needed to offset the loss of
wetland functions was determined using the Uniform Mitigation Assessment Method. The
Functional Loss of the wetland impacts requiring habitat mitigation was determined to be 13.16
units. The mitigation Functional Gain was determined to be 13.30 units. The remaining 0.14
Functional Gain units are potentially available for future projects. The permit also conceptually
approves 0.06 acre of temporary wetland impacts. The temporarily impacted wetland areas will
be allowed to naturally re-vegetate. Additionally, 2.09 acre of wetlands and 0.21 acre of surface
waters are conceptually approved to be permanently impacted, however, since under the
Environmental Resource Permit Basis of Review (Sections 3.2.2.1 and 3.2.2.2), no significant
habitat is provided by these wetlands and surface waters, no habitat mitigation will be required.
The water quality enhancement functions impacted by the construction will be replaced by the
proposed stormwater treatment system.
A regulatory conservation easement is not required, under this permit.
94
CONSENT ITEMS
DISCUSSION PAPER
Riverwood
24.
SUMMARY
Ɣ
Project Type:
This permit is for the conceptual approval of a surface water management system to serve a 634acre residential and commercial development.
Ɣ
Location:
The project site is located on the east side of US 301 approximately one mile south of Chancy
Road in Pasco County.
Ɣ
Engineering
Water Quality
Forty wet detention ponds and three isolated wetlands provide water quality treatment for one-inch
of runoff from each contributing drainage basin.
Water Quantity
Attenuation provided in wet detention ponds and isolated wetlands.
Flood Insurance Rate Map (F.I.R.M.) Community Panels 120 230 0455D and 123 230 0465B
indicate no portions of the project lie within a 100-year floodplain.
Environmental
There are 152.96 acres of wetlands and 19.28 acres of surface waters within the project.
The project will result in permanent impact to 1.91 acres of wetlands and 6.48 acres of surface
waters requiring habitat mitigation, and permanent impact to 4.01 acres of wetlands and 3.69 acres
of surface waters exempt from habitat mitigation.
Using the Uniform Mitigation Assessment Method, the Functional Loss of the permanent impacts to
wetlands and surface waters requiring habitat mitigation was 4.30 units.
To mitigate for permanent impact to 1.91 acres of wetlands and 6.48 acres of surface waters, the
Permittee will preserve 68.42 acres of wetlands and 2.65 acres of uplands via a dedicated
conservation easement and enhance 3.56 acres of wetland. The mitigation Functional Gain is 4.34
units and offsets the impact Functional Loss of 4.30 units associated with the project.
Since under the ERP Basis of Review (Section 3.2.2.1) no significant habitat is provided by the
4.01 acres of isolated wetlands proposed for impact and they are less than one half acre in size,
no habitat mitigation is required.
For the 3.69 acres of surface waters that will be permanently impacted, no habitat mitigation is
required under Section 3.2.2.2 of the ERP Basis of Review. The water quality and water quantity
functions impacted by the construction will be replaced by the proposed storm water treatment
system.
Ɣ
95
96
CONCEPTUAL
PERMIT NO. 49027103.001
PROJECT NAME:
Riverwood
GRANTED TO:
Riverwood, LLC
3281 Landmark Drive
Clearwater, FL 33761
ABSTRACT: This permit is for the conceptual approval of a new surface water management system to
serve a 634.00-acre residential and commercial development. The project site is located on the east side
of US 301 approximately one mile south of Chancy Road in Pasco County. Information regarding the
surface water management system and wetlands is contained within the tables below.
N/A
COUNTY:
Pasco
SEC/TWP/RGE:
27,28,33,34/26S/21E
TOTAL ACRES OWNED
OR UNDER CONTROL:
634.00
PROJECT SIZE:
634.00 Acres
LAND USE:
Residential
May 17, 2005
AMENDED DATE:
N/A
97
Permit No.:
49027103.001
Project Name: Riverwood
I.
POND
NO.
1
2
4
5
6
7
8
10A
14
16
17
17A
19
22
24
25
27
28
29
30
31
33
36
39
41
42
44
45
46
51
53
56
57
58
59
62
64
66
68
72
TOTAL
AREA
ACRES @ TOP OF BANK
0.58
0.48
0.67
7.13
3.20
5.75
1.14
0.24
2.05
1.21
1.01
0.41
0.89
9.75
1.38
1.17
0.30
0.89
1.12
1.57
2.48
1.27
2.02
1.01
0.22
0.20
0.58
0.39
2.17
0.55
0.47
2.31
0.84
3.48
2.89
0.11
0.32
0.44
3.29
0.58
66.56
98
TREATMENT TYPE
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Isolated Wetland
Isolated Wetland
Wet Detention
Wet Detention
Isolated Wetland
Isolated Wetland
Isolated Wetland
Isolated Wetland
Isolated Wetland
Isolated Wetland
Isolated Wetland
Isolated Wetland
Isolated Wetland
Isolated Wetland
Isolated Wetland
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Isolated Wetland
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Isolated Wetland
Isolated Wetland
Isolated Wetland
Wet Detention
Wet Detention
Isolated Wetland
Permit No.:
49027103.001
Project Name: Riverwood
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
Compensation
(Acre-Feet of
excavation)
0.00
Compensation
Type*
NE
[X]
Encroachment
Result**(feet)
Depth
[N/A]
III.
Comments:
There are 152.96 acres of wetlands and 19.28 acres of surface waters within the
project. The project will result in permanent impact to 1.91 acres of wetlands and 6.48 acres of
surface waters requiring habitat mitigation, and permanent impact to 4.01 acres of wetlands and
3.69 acres of surface waters exempt from habitat mitigation. Using the Uniform Mitigation
Assessment Method, the Functional Loss of the permanent impacts to wetlands and surface
waters requiring habitat mitigation was 4.30 units. To mitigate for permanent impact to 1.91 acres
of wetlands and 6.48 acres of surface waters, the Permittee will preserve 68.42 acres of wetlands
and 2.65 acres of uplands via a dedicated conservation easement and enhance 3.56 acres of
wetland. The mitigation Functional Gain is 4.34 units and offsets the impact Functional Loss of
4.30 units associated with the project. Since under the ERP Basis of Review (Section 3.2.2.1) no
significant habitat is provided by the 4.01 acres of isolated wetlands proposed for impact and they
are less than one half acre in size, no habitat mitigation is required. For the 3.69 acres of surface
waters that will be permanently impacted, no habitat mitigation is required under Section 3.2.2.2
of the ERP Basis of Review. The water quality and water quantity functions impacted by the
construction will be replaced by the proposed storm water treatment system.
A regulatory conservation easement is not required under this permit.
99
CONSENT ITEMS
DISCUSSION PAPER
Bella Verde
25.
SUMMARY
Ɣ
Project Type:
This permit is for the conceptual approval of a surface water management system serving a 1,965acre golf course, residential and commercial development.
Ɣ
Location:
The project site is located on the south side of SR 52 between Curley Road and McKendree Road,
approximately 1.7 miles east of Interstate 75 in Pasco County.
Ɣ
Engineering
Quantity/Quality
Peak attenuation and water quality treatment will be provided in a series of interconnected ponds
and isolated wetlands within the project site. The method of water quality treatment is man-made
wet-detention and isolated wetland treatment. The total peak discharges to off-site receiving waters
are lower in the proposed project condition than in the pre-project condition for peak flows for the
25-year, 24-hour design storm (pre-development flows = 745.31 cfs and post-development =
745.14 cfs, respectively).
100-year Floodplain
The engineer of record manages floodplain impacts and historic basin storage through the storage
routing methodology. The total volume of available storage within the system is greater in the postdevelopment condition than in the pre-development condition (pre-development = 4,538 acre-feet,
post-development = 4,836 acre-feet).
Environmental
The project will result in permanent impact to 7.10 acres of wetlands and 0.62 acre of surface
waters requiring habitat mitigation, and permanent impact to 1.18 acres of wetlands and 2.55 acres
of surface waters exempt from habitat mitigation.
The project will also result in 0.61 acre of temporary impact to wetlands and 0.07 acre of temporary
impact to surface waters.
Using the Uniform Mitigation Assessment Method, the Functional Loss of the permanent impacts to
wetlands and surface waters requiring habitat mitigation was 4.70 units.
To mitigate for permanent impact to 6.76 acres of wetlands and 0.62 acre of surface waters, the
Permittee will create 13.13 acres of wetlands, restore 9.30 acres of wetlands, enhance 51.39 acres
100
Application No.:
Project Name:
49028080.021
Bella Verde
of wetlands and preserve 11.18 acres of uplands. Construction of the mitigation will result in 0.35
acre of permanent impact to wetlands and surface waters due to installation of structures. The
0.35-acre of permanent impact is included in the mitigation calculations.
The mitigation Functional Gain is 11.22 units and 4.70 Functional Gain units will be applied to offset
the 4.70 units of Functional Loss associated with the project. The remaining 6.52 Functional Gain
units are potentially available for future projects.
Since under the ERP Basis of Review (Section 3.2.2.1) no significant habitat is provided by the 1.18
acres of isolated wetlands proposed for impact and they are less than one half acre in size, no
habitat mitigation is required.
For the 0.61 acre of temporary impact to wetlands, no habitat mitigation will be required. The areas
will be allowed to naturally re-vegetate.
For the 2.55 acres of surface waters that will be permanently impacted and 0.07 acre of surface
waters that will be temporarily impacted, no habitat mitigation is required under Section 3.2.2.2 of
the ERP Basis of Review. The water quality and water quantity functions impacted by the
construction will be replaced by the proposed storm water treatment system.
Ɣ
101
102
CONCEPTUAL
PERMIT NO. 49028080.021
PROJECT NAME:
Bella Verde
GRANTED TO:
Cannon Ranch, LLC, Post Office Box 519, San Antonio, FL 33576
Saddlebrook Resorts, Inc., 5700 Saddlebrook Way, Wesley Chapel, FL
33543
New Cities Land Company, Inc., 100 Pasadena Drive, Monterey, CA
93940
Bates Properties, Inc., 100 Pasadena Drive, Monterey, CA 93940
Win-CR, LTD, 2901 Rigsby Lane, Safety Harbor, FL 34695
ABSTRACT: This permit is for the conceptual approval of a surface water management system serving a
1,965.00-acre golf course, residential, and commercial development. The project site is located on the
south side of SR 52 between Curley Road and McKendree Road, approximately 1.7 miles east of
Interstate 75 in Pasco County. Information regarding the surface water management system and
wetlands is contained within the tables below.
N/A
COUNTY:
Pasco
SEC/TWP/RGE:
9 -11,14 -16/25S/20E
TOTAL ACRES OWNED
OR UNDER CONTROL:
1.97
PROJECT SIZE:
1.97 Acres
LAND USE:
Residential
December 12, 2005
AMENDED DATE:
January 11, 2006
103
Permit No.:
49028080.021
Project Name: Bella Verde
I.
POND
NO.
B-15
B-105
B-110A
B-118
B-120
B-124A
B-125A
B-125B
B-126A
B-126B
B-126C
B-126D
B-127A
B-211
B-212A
B-212
B-127D
B-127C1
B-127C
B-127B
B-127E
B-127F
B-131A
B-131B
B-131C
B-131D
B-132A
B-175
B-190A
B-190B
B-20A
B-20B
B-230A
B-230B
B-230C2
B-230D
B-230F
B-230K
B-230L
B-230M
B-230N
B-235
AREA
ACRES @ TOP OF BANK
23.05
0.94
0.68
0.28
0.25
0.53
0.44
0.54
2.54
0.63
5.71
4.40
2.67
3.20
0.12
1.64
1.99
1.78
1.72
5.13
1.31
0.93
0.57
0.22
0.67
0.19
1.83
1.83
1.38
2.46
0.69
1.03
1.47
0.58
3.32
0.23
2.91
1.10
1.31
0.58
0.37
6.45
104
TREATMENT TYPE
Isolated Wetland
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
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
Isolated Wetland
Permit No.:
49028080.021
POND
NO.
B-260A
B-27
B-40A
B-40B
B-40C
B-51A
B-60
B-66
B-75A
B-75B
B-75C
B-75D
B-76A
B-79A
B-80A
B-80B
W-10A
W-10B
W-100A
W-100B
W-101A
W-105
W-110
W-145
W-150A
W-150
W-118A
W-119A
W-119B
W-120A
W-120B
W-122A
W-15A
W-16
W-175A
W-175B1
W-175B2
W-175C
W-176A
W-176B
AREA
ACRES @ TOP OF BANK
6.47
2.19
3.56
1.66
1.58
1.52
9.76
7.50
0.70
3.53
0.66
0.62
1.36
3.91
1.40
0.69
0.74
1.08
2.69
0.69
3.47
5.73
4.29
1.26
0.12
2.55
1.76
0.69
1.10
2.12
0.60
0.30
1.99
13.16
0.51
1.00
0.88
1.00
0.98
0.40
105
TREATMENT TYPE
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Isolated Wetland
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
Isolated Wetland
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Isolated Wetland
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Permit No.:
49028080.021
POND
NO.
W-176C
W-177B
W-185A
W-200A
W-200B
W-200G
W-200C
W-200D
W-200E
W-200F
W-20A
W-20B
W-20C
W-20D
W-20F
W-20G
W-20H
W-20J
W-20K
W-20L2
W-20M
W-20N
W-20P
W-21A
W-21C
W-21G
W-22A
W-55
W-6
W-90
W-95A
W-96A
TOTAL
AREA
ACRES @ TOP OF BANK
0.93
0.45
0.54
0.39
0.51
0.33
1.65
1.23
0.29
0.16
1.21
2.28
1.88
0.88
1.88
0.70
2.42
1.84
1.34
7.34
0.53
1.00
0.81
1.06
1.31
1.68
0.87
9.33
4.31
6.57
1.45
0.48
242.54
106
TREATMENT TYPE
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
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Isolated Wetland
Isolated Wetland
Isolated Wetland
Wet Detention
Wet Detention
Permit No.:
49028080.021
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
Compensation
(Acre-Feet of
excavation)
0.00
Compensation
Type*
NE
[X]
Encroachment
Result**(feet)
Depth
[N/A]
III.
The project will result in permanent impact to 7.10 acres of wetlands and 0.62 acre of surface
waters requiring habitat mitigation, and permanent impact to 1.18 acres of wetlands and 2.55
acres of surface waters exempt from habitat mitigation. The project will also result in 0.61 acre
of temporary impact to wetlands and 0.07 acre of temporary impact to surface waters. Using the
Uniform Mitigation Assessment Method, the Functional Loss of the permanent impacts to
wetlands and surface waters requiring habitat mitigation was 4.70 units. To mitigate for
permanent impact to 6.76 acres of wetlands and 0.62 acre of surface waters, the Permittee will
create 13.13 acres of wetlands, restore 9.30 acres of wetlands, enhance 51.39 acres of wetlands
and preserve 11.18 acres of uplands. Construction of the mitigation will result in 0.35 acre of
permanent impact to wetlands and surface waters due to installation of structures. The 0.35 acre
of permanent impact is included in the mitigation calculations. The mitigation Functional Gain is
11.22 units and 4.70 Functional Gain units will be applied to offset the 4.70 units of Functional
Loss associated with the project. The remaining 6.52 Functional Gain units are potentially
available for future projects. Since under the ERP Basis of Review (Section 3.2.2.1) no
significant habitat is provided by the 1.18 acres of isolated wetlands proposed for impact as
individually each is less than one half acre in size, there is no habitat mitigation required. For the
0.61 acre of temporary impact to wetlands, no habitat mitigation will be required. The areas will
be allowed to naturally re-vegetate. For the 2.55 acres of surface waters that will be permanently
impacted and 0.07 acre of surface waters that will be temporarily impacted, no habitat mitigation
is required under Section 3.2.2.2 of the ERP Basis of Review. The water quality and water
quantity functions impacted by the construction will be replaced by the proposed storm water
treatment system.
107
CONSENT ITEMS
DISCUSSION PAPER
Villages of Sumter - District 9 & 10
26.
SUMMARY
Ɣ
Project Type:
Individual permit for a surface water management system to serve a 4954.34-acre Residential
Subdivision.
Ɣ
Location:
South of CR 466A and north of SR 44 in Sumter and Lake Counties.
Ɣ
Engineering
Water Quantity
The project will create 52 new retention and detention ponds. Forty eight ponds are located in a
hydrologically closed drainage basin. Twenty one of these ponds hold the entire 100-year, 24-hour
storm event without discharge providing assurance that water quality and quantity requirements are
met. The remaining ponds contain the volumetric difference between the post-and predevelopment run-off amounts. The ponds that do not contain the entire 100-year, 24 hour storm
event will be equipped with a discharge structure that has been sized to attenuate postdevelopment peak discharges from the 25-year, 24-hour rainfall design storm.
Water Quality
The ponds that do not discharge off-site provide assurance that the District’s quality requirements
are met. For the dry retention ponds, water quality requirements were met by using the first half of
inch of run-off for the project area and demonstrating that the pond recovers within 72 hours. The
wet retention ponds will treat one inch of runoff from their contributing watersheds. The ponds
discharge structures will be equipped with bleeddown orifices that have been sized to insure that no
more than half of the treatment volume is discharged in no less than 60 hours.
Environmental
This project contains 830.28 acres of wetlands and other surface waters within the project area.
Construction will result in 190.66 acres of impacts to wetlands.
Impacts are mitigated through the construction and enhancement of 624.14 acres of wetlands and
uplands.
Ɣ
108
109
PERMIT NO. 43023491.006
permit.
PROJECT NAME:
Villages of Sumter - District 9 & 10
GRANTED TO:
The Villages of Lake-Sumter, Inc.
1071 Canal Street
The Villages, FL 32162
ABSTRACT: This project is for the construction of a surface water management system to serve a
4954.34-acre project located south of CR 466A and north of SR 44 in Sumter and Lake Counties. This
permit only authorizes the construction of 52 storm water management ponds, associated storm sewer,
wetland mitigation area and construction grading.
The Villages of Lake-Sumter, Inc.
COUNTY:
Sumter
SEC/TWP/RGE:
1-4,9-14,16,17,23,24/19S/23E;
7,17,18/19S/24E
TOTAL ACRES OWNED
OR UNDER CONTROL:
13,075.00
PROJECT SIZE:
4,954.34 Acres
LAND USE:
Residential
April 13, 2005
AMENDED DATE:
May 11, 2005
110
Permit No.:
43023491.006
Project Name: Villages of Sumter – District 9 & 10
I.
POND
NO.
B-19
B-21
B-36
B-37A
B-37B
B-37C
B-42
B-49
B-50
B-50A
B-57
B-57A
B-59
B-61
B-62
B-63
B-64
B-66
B-67
B-68
B-73
B-74
B-74A
B-75
B-75A
B-76
B-77
B-77A
B-78
B-80
B-81
B-82
B-82A
B-82B
B-83
B-84
B-85
B-89
B-101A
AREA
ACRES @ TOP OF BANK
10.70
1.86
4.53
16.05
2.90
6.25
6.67
19.93
3.65
4.53
10.47
8.28
12.54
8.07
3.79
3.16
2.46
6.47
6.75
26.23
1.74
16.00
4.90
20.28
8.98
8.32
2.60
0.72
1.72
6.59
2.18
1.45
2.95
3.19
4.12
6.82
6.31
93.07
2.40
111
TREATMENT TYPE
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
Permit No.:
43023491.006
POND
NO.
B-101B
B-102A
B-102B
B-107
B-108
B-109
B-111
B-112
B-35
B-91
B-94
B-111A
B-111B
B-104
AREA
ACRES @ TOP OF BANK
1.92
3.34
4.33
3.99
1.37
6.35
9.83
1.69
1.30
2.63
3.66
2.39
2.24
7.19
411.86
TOTAL
TREATMENT TYPE
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
On-line Retention
Wet Detention
Wet Detention
On-line Retention
On-line Retention
Isolated Wetland
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
Compensation
(Acre-Feet of
excavation)
0.00
0.00
Compensation
Type*
NE
[X]
Encroachment
Result**(feet)
Depth
[N/A]
III.
WETLAND NO.
TOTAL
AC.
W-10
W-11
W-12
6.35
0.01
0.01
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
6.35
0.01
0.01
0.00
0.00
0.00
0.00
0.00
0.00
112
Permit No.:
43023491.006
WETLAND NO.
TOTAL
AC.
W-13
W-14
W-15
W-16
W-17
W-18
W-19
W-20
W-21
W-22
W-23
W-24
W-25E
W-25W
W-26
W-27
W-28
W-29
W-30
W-31
W-32
W-33
W-34
W-35
W-36
W-37
W-38
W-39
W-40
W-41
W-42
W-43
W-44
W-45
W-46
W-47
W-48
W-49
W-50
0.01
0.02
0.07
0.41
0.01
0.27
1.20
0.05
0.97
2.97
4.19
0.08
118.81
90.96
0.04
0.25
1.10
2.23
2.02
0.42
0.73
0.72
2.91
1.07
2.13
12.57
0.95
0.34
0.54
19.23
7.86
0.02
4.12
0.25
0.26
0.83
0.87
1.54
1.20
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.01
0.02
0.07
0.41
0.01
0.27
1.20
0.05
0.97
2.56
0.00
0.08
94.96
90.22
0.04
0.25
0.00
0.00
0.00
0.42
0.00
0.00
0.00
1.07
2.13
12.57
0.00
0.34
0.00
19.23
7.86
0.02
0.00
0.25
0.26
0.00
0.00
1.07
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
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
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
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.41
4.19
0.00
23.85
0.74
0.00
0.00
1.10
2.23
2.02
0.00
0.73
0.72
2.91
0.00
0.00
0.00
0.95
0.00
0.54
0.00
0.00
0.00
4.12
0.00
0.00
0.83
0.87
0.47
1.20
113
Permit No.:
43023491.006
WETLAND NO.
TOTAL
AC.
W-51
W-52
W-53
W-54
W-55
W-56
W-57
W-58
W-59
W-60
W-61A
W-61B
W-61C
W-61D
W-61E
W-61F
W-61G
W-62
W-63
W-64
W-65
W-66
W-67
W-68
W-69
W-70
W-71
W-72
W-73
W-74
W-75
W-76
W-77
W-78
W-79
W-80
W-81
W-82
W-83
W-84
1.75
1.46
1.68
0.03
5.17
1.39
0.01
0.37
0.93
0.45
6.89
11.97
0.21
92.24
0.66
1.82
0.84
0.16
1.86
0.01
0.01
0.25
0.11
0.40
0.12
0.16
0.56
1.47
0.09
0.31
0.07
0.23
0.08
0.33
11.20
0.24
0.03
6.57
0.37
3.21
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.00
1.46
1.68
0.03
5.17
0.00
0.01
0.37
0.93
0.45
6.89
11.97
0.21
92.24
0.66
1.82
0.84
0.16
1.86
0.01
0.01
0.25
0.11
0.40
0.12
0.16
0.00
0.00
0.09
0.31
0.07
0.23
0.08
0.33
11.20
0.24
0.03
0.00
0.37
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
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
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
0.00
0.00
1.75
0.00
0.00
0.00
0.00
1.39
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.86
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.56
1.47
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6.57
0.00
3.21
114
Permit No.:
43023491.006
WETLAND NO.
TOTAL
AC.
W-85
W-86
W-87
W-88
W-89
W-90
W-91
W-92
W-93
W-94
W-95
W-96
W-97
W-98
W-99
W-100
W-101
W-102
W-103
W-104
W-105
W-106
W-107
W-108
W-109
W-111A
W-111B
W-111C
W-M61A
W-MA1
W-MA2
W-MB
W-MC
W-MD
W-ME
W-MF
W-MG
W-MH
W-MI
W-MJ
W-MK
0.22
21.08
0.22
8.27
9.97
33.11
1.00
7.85
27.04
0.55
5.45
2.09
4.85
0.54
1.98
7.60
9.65
3.12
0.48
7.58
1.29
0.48
0.95
0.95
0.26
3.25
1.12
0.21
6.37
2.82
6.16
0.35
0.76
29.99
0.10
16.76
19.94
0.57
0.22
2.69
7.17
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.22
20.02
0.22
8.27
3.46
33.11
0.00
7.33
26.43
0.00
4.98
0.00
0.00
0.00
0.00
7.02
8.99
2.74
0.48
0.00
0.00
0.48
0.00
0.00
0.26
0.00
0.00
0.21
6.37
2.82
6.16
0.35
0.76
29.99
0.10
16.76
19.94
0.57
0.22
2.49
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
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
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
0.00
0.00
0.00
0.00
1.06
0.00
0.00
6.51
0.00
1.00
0.52
0.61
0.55
0.47
2.09
4.85
0.54
1.98
0.58
0.66
0.38
0.00
7.58
1.29
0.00
0.95
0.95
0.00
3.25
1.12
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.20
7.17
115
Permit No.:
43023491.006
WETLAND NO.
TOTAL
AC.
W-ML
W-MM
W-MO
W-MP
W-MQ
W-MR
W-MT
W-SF1
W-SF2
W-SF3
W-SF4
W-SF5
W-SF6
W-SF7
W-SF8
W-SF9
W-SF10
W-SF11
W-SF12
SW-MS
SW-MU
SW-3
SW-5
SW-6
SW-7
SW-8
SW-9
TOTAL
0.85
0.26
2.12
2.15
0.36
0.35
0.77
23.93
16.53
7.04
12.71
3.63
3.07
12.77
2.20
5.21
1.42
19.80
3.24
2.09
0.37
0.91
1.98
3.90
0.71
0.09
0.46
830.28
AREA
CREATED/
NO.
RESTORED
AC.
Wetland Creation
Enhanced Uplands
223.91
0.00
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.00
0.26
0.00
0.00
0.36
0.35
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4.47
2.20
4.65
1.42
19.80
3.24
2.09
0.37
0.91
1.98
3.90
0.71
0.09
0.46
639.62
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
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
0.00
0.00
0.85
0.00
2.12
2.15
0.00
0.00
0.77
23.93
16.53
7.04
12.71
3.63
3.07
8.30
0.00
0.56
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
190.66
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
WETLANDS
PRESERVED
AC.
MISC. MITI.
AC.
0.00
0.00
0.00
0.00
0.00
0.00
0.00
43.09
Planted
116
Permit No.:
43023491.006
AREA
CREATED/
NO.
RESTORED
AC.
Enhanced Uplands
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
WETLANDS
PRESERVED
AC.
MISC. MITI.
AC.
0.00
0.00
0.00
0.00
221.60
48.72
0.00
0.00
0.00
0.00
0.00
0.00
66.68
0.00
0.00
0.00
0.00
0.00
20.14
0.00
20.14
264.69
351.51
Non-planted
Submerged
Aquatic
Enhanced
Forested
Preserved
Wetlands
TOTAL
NET CHANGE
272.63
+81.97
0.00
66.68
Comments:
This project contains 830.28 acres of wetlands and other surface waters within
the project area. Project construction will result in 190.66 acres of permanent impact to wetlands
and other surface waters that require habitat mitigation and 19.70 acres that are exempt from
mitigation. The 19.70 acres are exempt from mitigation because they are upland cut and do not
provide significant habitat for threatened or endangered species, or they are less than one-half
acre and do not provide habitat for threatened or endangered species. The impacts exempt from
mitigation are not shown as impacts in the table above because they were deemed insignificant.
Mitigation for the 190.66 acres is provided by the creation of 272.63 acres of wetlands and
associated deepwater habitat, 264.69 acres of enhanced uplands, 66.68 acres of hydrologically
enhanced forested wetlands, and 20.14 acres of preserved wetlands, for a total of 624.14 acres
of mitigation. This mitigation has been deemed to be regionally significant; therefore, in
conformance with Section 3.2.1.2(b), the permittee was not required to address reduction and
elimination requirements under Section 3.2.1 of the Basis of Review during application review.
The mitigation required was based on Uniform Mitigation Assessment Method requirements set
forth in Chapter 62-345 F.A.C. A total functional loss of 84.16 units was adequately offset by
152.51 units of total functional gain. The mitigation areas including the wildlife corridor are
components of a regionally significant ecological unit; therefore, the excess functional gain is not
available for use in future phases or other permit applications.
Watershed Name: Withlacoochee River
A regulatory conservation easement is required.
117
CONSENT ITEMS
DISCUSSION PAPER
McCarlton Partners - Section 24
Grove Phases 2 and 3
27.
SUMMARY
x
Project Type:
This permit authorizes the construction of a surface water management system designed to serve a
327.00-acre agricultural project consisting of grove blocks and their associated reservoirs, service
roads, and ditches.
x
Location:
The project is located in the central-southeastern portion of DeSoto County, three miles south of
State Road 70 and two miles east of County Road 31.
x
Engineering
Quantity/Quality
Water quantity and quality criteria are being met via wetlands and proposed wet detention reservoirs.
100-Year Floodplain
The project does not fall within a FEMA 100-year floodplain.
Environmental
There are nine wetlands located in the project area, comprising 20.87 acres.
A total of 1.20 acres of permanent wetland impacts are proposed.
The wetland impact proposed in Phase 2 has been previously mitigated by up-front mitigation
permitted and established in Phase 1 of this project.
In addition, permanent wetland impacts will occur to three isolated wetlands, which are less than 0.50
acre in size, not requiring habitat compensation pursuant to Subsection 3.2.2.1 of the Basis of
Review.
118
119
PERMIT NO. 49019624.002
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:
McCarlton Partners - Section 24
Grove Phases 2 and 3
GRANTED TO:
McCarlton Partners, LTD
Wauchula, FL 33873
ABSTRACT: This permit authorizes the construction of a surface water management system
designed to serve a 327.00 acre agricultural project consisting of grove blocks, associated reservoirs,
service roads, and ditches known as McCarlton Partners, Section 24 Grove, Phases 2 and 3. The
project is located in the central southeastern portion of DeSoto County, three miles south of SR 70 and
two miles east of CR 31. 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.
McCarlton Partners, LTD
COUNTY:
DeSoto
SEC/TWP/RGE:
24/38S/25E
TOTAL ACRES OWNED
OR UNDER CONTROL:
5,727.00
PROJECT SIZE:
327.00 Acres
LAND USE:
Agricultural
November 18, 2005
AMENDED DATE:
N/A
120
Permit No.:
49019624.002
Project Name: McCarlton Partners – Section 24, Grove Phases 2 and 3
I.
AREA
ACRES @ TOP OF BANK
9.50
4.60
6.90
13.40
2.10
14.70
51.20
POND NO.
3A
3B
3C
3D
4A
4B
TOTAL
TREATMENT TYPE
Wet Detention
Wet Detention with Natural Wetlands
Wet Detention
II.
100-Year Floodplain
Comments: There are no 100-year FEMA floodplains located within the project area.
III.
WETLAND NO.
Phase 2
9
12A
13
15
Phase 3
16
TOTAL
TOTAL
AC.
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
3.01
3.10
2.06
2.17
3.01
3.10
2.06
0.97
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.20
9.62
19.96
9.62
18.76
0.00
0.00
0.00
1.20
Comments: The project area contains 20.87 acres of wetlands, three of which (Wetland Nos.
10, 11, and 12B) are less than 0.5 acre isolated wetlands that will be preserved. Permanent
impacts will occur to 1.20 acres of herbaceous wetlands. In addition, permanent wetland
impacts will occur to three isolated wetlands, which are less than 0.50 acre in size (0.09, 0.40,
and 0.14 acre, respectively).
CREATED/
AREA
RESTORED
NO.
AC.
Phase 2
3C
3D
TOTAL
NET CHANGE
1.17
4.85
6.02
4.82+
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
WETLANDS
PRESERVED
AC.
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
MISC. MITI.
AC.
0.00
0.00
0.00
0.00
Comments: Mitigation for impacts will be provided by 6.02 acres of herbaceous wetland
restoration. Habitat compensation is not required for the permanent impacts that will occur to
the three isolated wetlands, less than 0.50 acre in size, pursuant to Section 3.2.2.1 of the Basis
of Review.
121
Permit No.:
49019624.002
Project Name: McCarlton Partners – Section 24, Grove Phases 2 and 3
1
Mitigation Credit Balance Sheet - Phase 2
AREA
TOTAL
ANTICIPATED
2
NO.
ACREAGE
CREDITS
Phase 2
3C
3D
1.17
4.85
CREDITS 3
AVAILABLE
CREDITS
4
USED
0.00
0.00
0.00
0.00
1.17
4.85
CREDITS 5
REMAINING
0.00
0.00
1
Each use of Mitigation Credit for Phase 2 shall require a Letter of Modification of Phase 2
Permit No. 49019624.002, approved by the Sarasota Regulation Department Director and
will include an updated Mitigation Credit Balance Sheet – Phase 2.
2
The 6.02 acres of anticipated credits shall be available exclusively to the owner indicated
on Permit No. 49019624.000, on property contiguous to this permit under the same
ownership. In addition, these credits shall be applicable only to those areas that lie within
the Peace River Basin (40D-4, F.A.C.) unless otherwise approved by the Director of the
Sarasota Regulation Department. These credits are not available for sale or profit.
3
Credits Available are the actual restored wetland acreage for Phase 2 successfully
satisfying and documenting achievement of applicable permit requirements and conditions
pursuant to Phase 2 Permit No. 49019624.002.
4
Actual credits used out of Phase 2 in mitigating a wetland impact on property under the
same ownership and contiguous to Permit No. 49019624.002.
5
Credits remaining are those credits which have successfully satisfied and which have been
documented to achieve the applicable permit requirements and conditions pursuant to
Permit No. 49019624.002 minus credits used.
122
CONSENT ITEMS
DISCUSSION PAPER
Braden River Mitigation Bank
28.
SUMMARY
Ɣ
Project Type:
This permit authorizes the construction of a 349.00-acre wetland mitigation bank.
Ɣ
Location:
The project is located in Manatee County, on the Braden River between Lorraine Road and SR 70.
Ɣ
Engineering
Quantity/Quality
The project includes the construction of new drainage channels and swales in the Braden River
floodplain and removal of some existing blockage from historic vehicle and railroad crossings, as
well as the removal of accumulated sediments and vegetative debris from ditches discharging to
the river. A flow conveyance analysis demonstrated that the proposed work will have no adverse
water quantity impacts on the Braden River. The project does not propose any impervious areas
and the adequate erosion and sediment control measures will assure that there will be no adverse
water quality impacts.
100-Year Floodplain
The project area is located in the FEMA 100-year floodplain; however, no 100-year floodplain
encroachment is proposed. No compensation is required.
Environmental
Wetland and Other Surface Water Impacts
A total of 173.02 acres of wetlands occur within the 349.27 acre project area.
A total of 1.49 acres of temporary wetland impacts are authorized for mitigation activities, which will
result in the preservation of 60.03 acres of wetlands, hydrologic and vegetative enhancement of
112.99 acres of wetlands, and preservation of 176.25 acres of uplands.
Permanent filling impacts of 0.25 acre to upland-cut agricultural ditches are also authorized for
hydrologic enhancement of historically isolated wetlands located outside of the 100-year floodplain.
Mitigation for these impacts are not required pursuant to Section 3.2.2.2 of the Basis of Review
(B.O.R.).
Mitigation activities will result in a functional gain of 71.69 units, as determined by a Uniform
Mitigation Assessment Method (UMAM) analysis. These Functional gain units are equivalent to
71.69 mitigation credits.
Ɣ
123
124
PERMIT NO. 43024579.000
permit.
PROJECT NAME:
Braden River Mitigation Bank
GRANTED TO:
Schroeder-Manatee Ranch, Inc.
6215 Lorraine Road
Bradenton, FL 34202
ABSTRACT: This permit authorizes the construction of an approximate 349.27 acre mitigation bank
project. The project is located within Manatee County on the Braden River between Lorraine Road and
SR 70. This authorization is for the preservation, restoration, and enhancement of wetlands within the
upper reaches of the Braden River, a tributary of the Manatee River, that are hydrologically impacted by
over inundation and infested with nuisance and exotic species. This permit also provides for the
preservation and enhancement of uplands located within the 100-year riparian floodplain corridor.
Restoration and enhancement activities will consist of both hydrologic and vegetative enhancement.
Hydrologic enhancement will be accomplished through removal of existing channel constrictions and
obstructions identified at five work areas. Channel recontouring and removal of sediment accumulation at
the flow constriction sites, and excavation of shallow flow ways in the floodplain to assist in drainage and
organic matter oxidation are also authorized. Vegetative enhancement will be accomplished by the
removal of nuisance and exotic species, and reinstitution of a management regimen. 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.
COUNTY:
Manatee
SEC/TWP/RGE:
22,23,27/35S/19E
TOTAL ACRES OWNED
OR UNDER CONTROL:
28,000.00
PROJECT SIZE:
349.27 Acres
LAND USE:
Commercial
December 13, 2002
AMENDED DATE:
N/A
125
Permit No.:
43024579.000
Project Name: Braden Mitigation Bank
I.
Comments: The work proposed by this project includes channels and swales for drainage in the
Braden River floodplain, removal of some existing blockage from historical vehicle and railroad
crossings, accumulated sediment deposits from ditches discharging to the river, and vegetative
debris. A conveyance analysis demonstrated no adverse water quantity impacts to this reach of
the Braden River. The project does not propose any impervious area and therefore no adverse
water quality impacts are anticipated.
II.
100-Year Floodplain
Comments: The project area is located in the FEMA 100-year floodplain. However, the proposed
work does not encroach the 100-year floodplain and no floodplain compensation is required.
III.
TOTAL
WETLAND NO.1
AC.
1 (Scrub/Shrub)
2 (Smartweed
Marsh)
3 (Bulrush Marsh)
4 (Hydric Hammock)
5 (Converted
Forested Floodplain)
6 (Forested
Floodplain)
7 (Floodplain
Swamp)
8 (Seepage Wetland)
TOTAL
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
90.22
3.64
88.78
3.59
1.44
0.05
0.00
0.00
4.30
1.97
19.13
4.30
1.97
19.13
0.00
0.00
0.00
0.00
0.00
0.00
28.15
28.15
0.00
0.00
21.01
21.01
0.00
0.00
4.60
173.02
4.60
171.53
0.00
1.49
0.00
0.00
1Habitat type designations indicated in parentheses are existing habitat types.
Comments: Temporary wetland impacts are for clearing of nuisance and exotic shrub
overgrowth to restore historically open, freshwater marsh, for the clearing of two access areas,
and for removal of sediment and obstructions that will restore the Braden River channel at five
constriction areas, identified as Work Area Nos. 1 through 5 on the File-of-Record engineering
drawings received on October 20 and 29, 2004. This permit also authorizes 0.25 acre of
permanent filling impacts to upland-cut agricultural ditches for hydrologic enhancement of
historically isolated wetlands located outside of the 100-year floodplain.
126
Permit No.:
43024579.000
Project Name: Braden Mitigation Bank
AREA
CREATED/
RESTORED
NO.1
AC.
1 (Freshwater
Marsh)
2 (Smartweed
Marsh)
3 (Bulrush Marsh)
4 (Hydric
Hammock)
5 (Wetland
Hardwood
Hammock)
6 (Forested
Floodplain)
7 (Floodplain
Swamp)
8 (Seepage
Wetland)
U-1 (Mixed Pine
Oak)
U-2 (Pine
Flatwoods)
U-3 (Dry Prairie)
TOTAL
NET CHANGE
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
WETLANDS
PRESERVED
AC.
MISC. MITI.
AC.
0.00
0.00
90.22
0.00
0.00
0.00
0.00
3.64
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4.30
1.97
0.00
0.00
0.00
0.00
19.13
0.00
0.00
0.00
0.00
9.00
28.15
0.00
0.00
0.00
0.00
21.01
0.00
0.00
0.00
0.00
4.60
0.00
0.00
30.77
0.00
0.00
0.00
0.00
90.46
0.00
0.00
0.00
0.00
60.03
0.00
0.00
349.27
0.00
0.00
0.00
55.02
0.00
176.25
112.99
1Habitat designations in parentheses represent target habitat types after mitigation activities.
Comments: Total mitigation credits and functional lift resulting from the preservation and
enhancement mitigation activities is 71.69 units, as determined by the application of the Uniform
Mitigation Assessment Method (UMAM), Chapter 62-345, F.A.C. Permanent fillings impacts to
upland-cut agricultural ditches do not require mitigation, pursuant to Section 3.2.2.2 of the Basis
of Review (B.O.R.).
Watershed Name: Manatee River
A regulatory conservation easement is required.
127
CONSENT ITEMS
DISCUSSION PAPER
Country Club East at Lakewood Ranch
(Golf Course, Maintenance Building, and The Masters Avenue Extension)
29.
SUMMARY
Ɣ
Project Type:
Construction of a 21-hole golf course, a golf course maintenance building, and the extension of The
Masters Avenue within a 921.48-acre project area. An Incidental Site Activities (ISA) Permit was
issued for the project on January 26, 2006, authorizing limited earthwork, installation of erosion and
sediment control measures and limited clearing and excavation in upland areas of the project.
Ɣ
Location:
The project is located in the northeast quadrant of the intersection of Lorraine Road and The
Masters Avenue in Manatee County.
Ɣ
Engineering
Quantity/Quality
Peak attenuation storage and water quality treatment are provided in thirty-four man-made lakes.
The method of water quality treatment will be by wet detention.
100-Year Floodplain
There is no FEMA floodplain located within the project area.
Environmental
There are 38.39 acres of wetlands located in the project area.
Permanent impacts are proposed to 0.83 acre of wetlands.
Mitigation for impacts to wetlands will be provided by 0.83 acres of credits from the Legacy Golf
Course mitigation area.
The project area contains 20.46 acres of upland-cut agricultural ditches.
Permanent impacts are also proposed to 20.13 acres of upland-cut agricultural ditches. Mitigation
will not be required for impacts to the upland-cut features pursuant to Subsections 3.2.2.2 and
3.2.2.3 of the Basis of Review.
Ɣ
128
129
PERMIT NO. 43027399.004
permit.
PROJECT NAME:
Country Club East at Lakewood Ranch (Golf Course, Maintenance
Building, and The Masters Avenue Extension)
GRANTED TO:
6215 Lorraine Road
Bradenton, FL 34202
ABSTRACT: This permit authorizes the construction of a surface water management system for a 21hole golf course, a golf course maintenance building, and the extension of The Masters Avenue within a
921.48-acre project area. The project is located in the northeast quadrant of the intersection of Lorraine
Road and The Masters Avenue, in Manatee County. An Incidental Site Activities (ISA) Permit was issued
for the project on January 26, 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.
SMR Communities
COUNTY:
Manatee
SEC/TWP/RGE:
25,26,27,34,35/35S/19E
TOTAL ACRES OWNED
OR UNDER CONTROL:
28,000.00
PROJECT SIZE:
921.48 Acres
LAND USE:
Commercial
August 19, 2005
AMENDED DATE:
N/A
130
Permit No.:
43027399.004
Project Name: Country Club East at Lakewood Ranch
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
TOTAL
AREA
ACRES @ TOP OF BANK
42.39
2.43
1.43
1.57
2.18
2.98
1.17
1.36
1.19
0.83
1.31
0.84
1.79
0.68
2.05
0.73
1.30
1.83
1.42
2.78
2.50
0.81
1.85
2.47
1.10
19.44
1.12
1.01
3.21
1.35
1.49
4.47
1.42
4.68
119.18
TREATMENT TYPE
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
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
Note: The storm water ponds associated with The Masters Avenue extension were previously
approved in Environmental Resource Permit (ERP) No. 43027399.000. These ponds are
identified as L-302, L-601, and L-802.
131
Permit No.:
43027399.004
Project Name: Country Club East at Lakewood Ranch
II.
100-Year Floodplain
Comments: There is no FEMA floodplain located within the project area.
III.
WETLAND NO.
TOTAL
AC.
SE-W8/9*
SE-W10
SE-W27
SE-W41
SE-W42
SE-W43
SE-W44
SE-W45
SE-W46
SE-W47
SE-W48
SE-W71
TOTAL
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.00
2.29
1.10
5.72
10.00
1.00
3.60
5.30
3.14
0.90
4.37
0.00
37.42
0.03
0.00
0.00
0.08
0.00
0.00
0.00
0.00
0.00
0.00
0.03
0.00
0.14
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.26
0.00
0.00
0.57
0.83
0.03
2.29
1.10
5.80
10.00
1.00
3.60
5.30
3.40
0.90
4.40
0.57
38.39
* wetlands extend out side of the project area.
Comments: The project area contains 38.39 acres of forested and herbaceous wetlands. The
project also contains 20.46 acres of upland-cut agricultural ditches. Permanent impacts are
proposed to 0.83 acre of herbaceous wetlands. Permanent impacts are also proposed to 20.13
acres of upland-cut agricultural ditches.
Comments: Mitigation for impacts will be provided by withdrawal of 0.83 credits of herbaceous
mitigation from the Legacy Golf Course Mitigation Area, ERP Nos. 44003052.023 and 0.31. A
specific condition has been included in the permit that requires a Letter of Modification be
submitted following permit issuance. Wetland mitigation will not be required for the impacts to the
upland-cut features pursuant to Subsections 3.2.2.2 and 3.2.2.3 of the Basis of Review (B.O.R.)
Watershed Name: Manatee River
132
CONSENT ITEMS
DISCUSSION PAPER
FDOT - SR 72 FPID 413887-1-52-01
413887-2-52-01
30.
SUMMARY
Ɣ
Project Type:
Construction of a surface water management system to serve an 8.14-mile road project. The
project involves a safety widening and resurfacing of SR 72, from the existing 10-foot wide travel
lanes to 12-foot lanes with two-foot wide paved shoulders. The project also includes replacing and
lengthening four bridges and 12 culverts.
Ɣ
Location:
The project area encompasses an 8.14-mile segment of SR 72 from just east of the Myakka River
State Park entrance to Deer Prairie Slough, in Sarasota County.
Ɣ
Engineering
Quantity/Quality
Two ponds will provide water quality treatment.
100-Year Floodplain
6.78 acre-feet of encroachment.
7.19 acre-feet of compensation.
Environmental
Wetland and Other Surface Water Impacts
A total of 15.93 acres of wetlands occur within the project area.
A total of 5.01 acres of permanent wetland impacts are authorized for roadway shoulder widening
and bridge improvements. Permanent impacts are also authorized to 1.94 acres of upland-cut
roadside ditches and swales.
Pursuant to Section 373.4137, F.S., mitigation for permanent wetland impacts will be accomplished
through the restoration and enhancement of 1,274 acres of wetlands within the Myakka River State
Park as approved in the October 26, 2004 SWFWMD FDOT Mitigation Plan. Permanent impacts to
upland-cut roadside ditches and swales do not require mitigation, pursuant to Section 3.2.2.2 of the
Basis of Review (B.O.R.).
Ɣ
133
134
CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT (ERP) AND
SOVEREIGN SUBMERGED LAND AUTHORIZATION (SL)
INDIVIDUAL CONSTRUCTION SURFACE WATER MANAGEMENT SYSTEMS
PERMIT NO. 43018399.001
AND
SOVEREIGNTY LANDS PUBLIC EASEMENT
ERP Expiration Date: March 28, 2011
SL Expiration Date: N/A
This permit, issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and Chapter 40D-4,
Florida Administrative Code, (F.A.C.), authorizes the Permittee to perform the work outlined herein and
shown by the application, approved drawings, plans, and other documents, attached hereto and kept on
file at the Southwest Florida Water Management District (District).
Authorization is granted to use sovereign submerged lands as outlined herein and shown by the
application, approved drawings, plans, and other documents attached hereto and kept on file at the
District under the provisions of Chapter 253, F.S., and Chapter 18-21, F.A.C., as well as the policies of
the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees). This approval does
not disclaim any title interests that the Board of Trustees may have in the project site. Any subsequent
authorizations by the Board of Trustees or its designated agents may contain conditions necessary to
satisfy the fiduciary responsibilities of the Board of Trustees as well as other applicable statutory or rule
requirements implemented by the Department of Environmental Protection's Division of State Lands or
other governmental agencies authorized by Florida Statutes.
All construction, operation, and maintenance of the surface water management system authorized by this
permit.
PROJECT NAME:
FDOT - SR 72 FPID 413887-1-52-01
413887-2-52-01
GRANTED TO:
Florida Department of Transportation
Bartow, FL 33831-1249
ABSTRACT: This permit authorizes the construction of a surface water management system to serve an
8.14-mile road project. The project involves a safety widening and resurfacing of SR 72, from the
existing, 10-foot wide travel lanes to 12-foot lanes with two-foot wide paved shoulders. Four existing
bridges and 12 culverts will also be replaced and lengthened. The project area encompasses a segment
of SR 72 from just east of the Myakka River State Park entrance to Deer Prairie Slough, in Sarasota
County. Information regarding the surface water management system, 100-year floodplain, wetlands,
and/or other surface waters is stated below and on the permitted construction drawings for the project.
Florida Department of Transportation
COUNTY:
Sarasota
WATERBODY NAME:
Myakka River
AQUATIC PRESERVE:
N/A
135
Permit No.:
43018399.001
Project Name: FDOT – SR 72 FPID 413887-1-52-01 413887-2-52-01
SEC/TWP/RGE:
20,21,27,28,34,35,36/37S/20E, 1/38S/20E, and 4,5,6/38S/21E
TOTAL ACRES OWNED
OR UNDER CONTROL:
100.80
PROJECT SIZE:
100.80 Acres
LAND USE:
Road Project
July 28, 2005
AMENDED DATE:
N/A
I.
POND
NO.
S-9000
S-9001
AREA
ACRES @ TOP OF BANK
0.03
0.03
0.06
TOTAL
TREATMENT TYPE
Detention with Effluent Filtration
Detention with Effluent Filtration
Comments: These ponds will discharge directly to adjacent Outstanding Florida Waters and were
therefore sized to provide fifty percent more water quality treatment. Shallow vegetated roadside
swales will provide additional water quality treatment function within the roadway right-of-way.
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
Compensation
(Acre-Feet of
excavation)
6.78
7.19
Compensation
Type*
NE
EE
SM
MI
[
]
[ X ]
[
]
[
]
Encroachment
Result**(feet)
Depth
Depth
Depth
Depth
[
[
[
[
N/A
N/A
N/A
N/A
Review;
SM = Storage Modeling hydrographs of pond and receiving stages indicate timing separation;
floodplain encroachment caused by a project that claims MI type of compensation
136
]
]
]
]
Permit No.:
43018399.001
III.
WETLAND NO.
TOTAL
AC.
W2N
W2S
W3S
W4N
W4S
W5N
W6N
W6S
W8N
W9S
W9N
W10S
W11N
W12S
W12N
W14S
W14N
W15N
W17S
W17N
W18S
W20N
W21S
W21N
W23S
W24N
W25S
W26N
W29S
W31S
W31N
W34N
W35S
W36S
W37S
W39S
W40N
W42N
W43S
W45S
TOTAL
0.55
0.39
0.67
0.52
1.03
0.34
0.72
0.97
0.76
0.14
0.12
0.31
0.14
0.32
0.19
0.21
0.30
0.07
0.38
0.32
0.42
0.69
0.62
1.40
0.19
0.07
0.10
0.08
0.08
012
0.52
0.47
0.19
0.21
0.45
0.55
0.28
0.47
0.15
0.42
15.93
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.16
0.00
0.35
0.17
0.51
0.12
0.48
0.77
0.75
0.09
0.08
0.13
0.04
0.18
0.14
0.16
0.25
0.03
0.25
0.27
0.11
0.67
0.60
1.29
0.15
0.02
0.09
0.02
0.06
0.11
0.40
0.38
0.18
0.17
0.35
0.52
0.17
0.33
0.12
0.25
10.92
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
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
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
0.00
0.00
0.39
0.39
0.32
0.35
0.52
0.22
0.24
0.20
0.01
0.05
0.04
0.18
0.10
0.14
0.05
0.05
0.05
0.04
0.13
0.05
0.31
0.02
0.02
0.11
0.04
0.05
0.01
0.06
0.02
0.01
0.12
0.09
0.01
0.04
0.10
0.03
0.11
0.14
0.03
0.17
5.01
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).
137
Permit No.:
43018399.001
Comments: Permanent wetland impacts are for roadway shoulder widening and bridge
improvements. Permanent impacts are also authorized to 1.94 acres of upland cut roadside
ditches and swales.
Comments: The mitigation is provided pursuant to Section 373.4137, F.S. Mitigation for
permanent wetland impacts will be mitigated through wetland restoration/enhancement in the
Myakka River State Park, as approved in the October 28, 2004 SWFWMD/FDOT Mitigation Plan.
Watershed Name: Myakka River
IV.
Sovereign Submerged Lands.
ACTIVITY
Bridge
Crossing
TOTALS:
PREEMPTED AREA
DREDGED
NO. OF SLIPS
7,500 square feet
-0- cubic yards
-0-
7,500 square feet
-0- cubic yards
-0-
Shoreline Length: 222 feet
138
CONSENT ITEMS
DISCUSSION PAPER
IslandWalk at the West Villages, Phase 1D
31.
SUMMARY
Ɣ
Project Type:
This permit is for the construction approval of a surface water management system to serve a
98.80-acre phase of a residential development known as IslandWalk at the West Villages.
Ɣ
Location:
The project area is located south of U.S. 41 between Rockley Boulevard and River Road in the
City of North Port, Sarasota County.
Ɣ
Engineering
Quantity/Quality
Three man-made wet detention ponds provide water quality treatment and peak attenuation storage
for the project.
100-Year Floodplain
There is no FEMA 100-year floodplain located within the project area.
Environmental
There are no wetlands located in the project area.
The project area contains 26.38 acres of upland-cut ditches and ponds.
Permanent impacts are proposed to 1.55 acres of upland-cut ditches and ponds. Temporary
impacts will take place to 24.83 acres of the upland-cut features for the construction of the surface
water management system. Mitigation will not be required for impacts to the upland-cut features
pursuant to Subsections 3.2.2.2 and 3.2.2.3 of the Basis of Review.
Ɣ
139
140
PERMIT NO. 43028524.005
permit.
PROJECT NAME:
IslandWalk at the West Villages, Phase 1D
GRANTED TO:
DiVosta Homes, LP
6003 Honore Avenue, Suite 106
Sarasota, FL 34238
ABSTRACT: This permit is for the construction approval of a surface water management system to
serve a 98.80-acre phase of a residential development known as IslandWalk at the West Villages. The
project is located south of U.S. 41 between Rockley Boulevard and River Road in the City of North Port,
Sarasota 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.
IslandWalk at the West Villages Homeowners' Association
COUNTY:
Sarasota
SEC/TWP/RGE:
31/39S/20E 6/40S/20E
TOTAL ACRES OWNED
OR UNDER CONTROL:
1,071.00
PROJECT SIZE:
98.80 Acres
LAND USE:
Residential
November 16, 2005
AMENDED DATE:
January 13, 2006
141
Permit No.:
43028524.005
Project Name: IslandWalk at the West Villages, Phase 1D
I.
POND
NO.
Lake 5
Lake 6
Lake 9
TOTAL
AREA
ACRES @ TOP OF BANK
31.67
31.41
8.80
71.88
TREATMENT TYPE
Wet Detention
Wet Detention
Wet Detention
II.
100-Year Floodplain
Comments: There are no FEMA floodplains located within the project area.
III.
Comments: No wetlands are located within the project area. The project contains 26.38 acres of
upland-cut ditches and ponds. Permanent impacts by filling are proposed to 1.55 acres of
upland-cut features. Additional temporary impacts to 24.83 acres of upland-cut features will take
place for the construction of the surface water management system. Wetland mitigation will not
be required for the impacts to the upland-cut features pursuant to Subsections 3.2.2.2 and 3.2.2.3
of the Basis of Review.
Watershed Name: Myakka River
142
CONSENT ITEMS
DISCUSSION PAPER
Shady Creek Preserve - Phase II
32.
SUMMARY
Ɣ
Project Type:
Individual Permit for a 113.58-acre residential development with 250 single-family home sites.
Ɣ
Location:
The project is located in Section 17, Township 31 South, Range 20 East in south Hillsborough
County just east of U.S. 301, adjacent to Little Bullfrog Creek and north of County Road 672.
Ɣ
Engineering
Water quality treatment is to be provided by wet detention in two proposed ponds.
The storm water management system is designed to attenuate the post-developed 25-year/24-hour
peak discharge rate to the pre-developed 25-year/24-hour peak discharge rate.
Environmental
There are 20.49 acres of forested wetlands within the project area.
No wetland impacts are proposed.
Ɣ
143
144
PERMIT NO. 43028239.001
permit.
PROJECT NAME:
Shady Creek Preserve - Phase II
GRANTED TO:
Belleair Capital Group, Inc.
Post Office Box 514
Indian Rocks Beach, FL 33785
ABSTRACT: The proposed project consists of a 113.58-acre single-family residential development with
250 home sites. The project is located just north of Shady Creek Phase I (ERP No. 44028239.000) in
south Hillsborough County, east of U.S. 301, adjacent to Little Bullfrog Creek and north of County Road
672 (Section 17; Township 31 South; Range 20 East). Water quality treatment is to be provided by wet
detention in two proposed ponds. The storm water management system is designed to attenuate the
post-developed 25-year/24-hour peak discharge rate to the pre-developed 25-year/24-hour peak
discharge rate. The operation and maintenance responsibility of the permitted water management system
is to be conveyed to a homeowners association upon approval of the Statement of Completion.
There are 20.49 acres of forested wetlands within the project area with no wetland impacts proposed for
the development. A liner is proposed for Pond 1 on the west side of the site to prevent the dewatering of
the adjacent seepage wetland. Specific Condition No. 20 details specific as-built requirements for the
liner.
The areas shown as ”Possible Future Phase III” on the approved plans shall require modification of this
permit as detailed in Special Condition 15 prior to any construction in that area.
Belleair Capital Group, Inc.
COUNTY:
Hillsborough
SEC/TWP/RGE:
17/31S/20E
TOTAL ACRES OWNED
OR UNDER CONTROL:
113.58
PROJECT SIZE:
113.58 Acres
LAND USE:
Residential
September 26, 2005
AMENDED DATE:
N/A
145
Permit No.:
43028239.001
Project Name: Shady Creek Preserve – Phase II
I.
POND
NO.
1
2
AREA
ACRES @ TOP OF BANK
4.68
4.85
9.53
TOTAL
TREATMENT TYPE
Wet Detention
Wet Detention
Comments: Water quality treatment is to be provided by wet detention in two proposed ponds,
one located on the west side of the site and one located on the east side. Both discharge to
adjacent wetlands, which in turn discharge to Little Bullfrog Creek.
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
Compensation
0.00
Compensation
Type
N/A
Encroachment
Result (feet)
N/A
Comments: There is a 100-year floodplain associated with Little Bullfrog Creek that exists on the
site. This project proposes no encroachment into it.
III.
WETLAND NO.
TOTAL
AC.
A
B
C
TOTAL
NOT
IMPACTED
AC.
4.19
14.90
1.40
20.49
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4.19
14.90
1.40
20.49
Comments: There are 20.49 acres of forested wetlands within the project area with no wetland
impacts proposed for the development.
Watershed Name: Tampa Bay Drainage
146
CONSENT ITEMS
DISCUSSION PAPER
Stockton Lake
33.
SUMMARY
Ɣ
Project Type:
Individual Construction Permit for the excavation of four borrow pits totaling approximately 88 acres
on a 120-acre site.
Ɣ
Location:
The project is located in Section 30, Township 31 South, Range 21 East on the south side of
Balm Picnic Road (CR 672) approximately ¼ mile east of Carlton Lake Road in south central
Hillsborough County.
Ɣ
Engineering
The project will maintain existing drainage patterns and will attenuate the post-development peak
discharge rate to be less than the existing peak discharge rate. Recharge ditches will be used
during construction to maintain existing shallow ground water table elevations outside of the
excavation areas.
Environmental
There are 2.13 acres of wetland ditches and 1.23 acres of upland cut ditches within the project
area. The excavation of the lake will permanently impact the 1.23 acres of upland cut ditches. The
wetland ditches will not be impacted by the proposed activity. No wetland mitigation is required.
Ɣ
147
148
PERMIT NO. 43028914.000
permit.
PROJECT NAME:
Stockton Lake
GRANTED TO:
Stockton Farms, LLC
Riverview, FL 33668
ABSTRACT: This permit will authorize the excavation of four borrow pits totaling approximately 88 acres
on the 120-acre site. The property is located on the south side of Balm Picnic Road (County Road 672)
approximately ¼ mile east of Carlton Lake Road in south central Hillsborough County. The site currently
drains towards the south to Carlton Branch Creek, which flows downstream to the Little Manatee River.
The proposed project will maintain these existing drainage patterns and will attenuate post-development
peak discharge rates to be less than existing peak discharge rates for a 25-year/24-hour storm event.
Recharge ditches will be used during construction to maintain the shallow groundwater table outside of
the excavation areas and to protect existing wetland hydro periods. There are 2.13 acres of wetland
ditches and 1.23 acres of upland cut ditches within the project area. The excavation of the lake will
permanently impact the 1.23 acres of upland cut ditches. The wetland ditches will not be impacted by the
proposed activity. No wetland mitigation is required.
Stockton Farms, LLC
COUNTY:
Hillsborough
SEC/TWP/RGE:
30/31S/21E
TOTAL ACRES OWNED
OR UNDER CONTROL:
120.00
PROJECT SIZE:
120.00 Acres
LAND USE:
Mining
May 20, 2005
AMENDED DATE:
November 10, 2005
149
Permit No.:
43028914.000
Project Name: Stockton Lake
I.
POND
NAME
"Sump"
Cell-1
Cell-2
Cell-3
AREA
ACRES @ TOP OF BANK
5.28
14.00
42.50
26.30
88.08
TOTAL
TREATMENT TYPE
N/A
N/A
N/A
N/A
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
6.68
Compensation
10.20
Compensation
Type
EE
Encroachment
Result (feet)
N/A
Review.
Comments: Compensatory volume for the proposed floodplain encroachment is provided in the
proposed "Sump" area.
III.
WETLAND NO.
TOTAL
AC.
Southwest
East
TOTAL
1.35
0.78
2.13
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
1.35
0.78
2.13
0.00
0.00
0.00
0.00
0.00
0.00
Comments: There are 2.13 acres of wetland ditches and 1.23 acres of upland cut ditches within
the project area. The excavation of the lake will permanently impact the 1.23 acres of upland cut
ditches. The wetland ditches will not be impacted by the proposed activity. No wetland mitigation
is required.
Watershed Name: Little Manatee River
150
CONSENT ITEMS
DISCUSSION PAPER
Carlton Borrow Pit
34.
SUMMARY
x
Project Type:
Individual permit for the construction of a borrow pit for fill material.
x
Location:
The project is located in Section 13, Township 32 South, Range 20 East. Specifically the project is
south of State Road 674, east of Leonard Lee Road and west of Chert Rock Trail, in Hillsborough
County.
x
Engineering
Water quantity attenuation conforming to the 25-year, 24-hour storm event requirement is provided in
the borrow pit. Water quality treatment is not required for the project. Clay liners and rehydration
ditches will be constructed to prevent adverse off-site groundwater impact.
Environmental
There are 15.47 acres of Palustrine forested wetlands and 0.52 acre of upland cut surface waters
within the project area.
The construction of the borrow pit will temporarily impact 0.01 acre of the wetland for the construction
of an outfall and will permanently impact the 0.52 acre of surface waters.
There is no wetland mitigation required for the proposed wetland and surface water impacts.
151
152
PERMIT NO. 43029122.000
permit.
PROJECT NAME:
Carlton Borrow Pit
GRANTED TO:
Dennis Carlton
7414 Commerce Street
Riverview, FL 33569
ABSTRACT: This permit is for the construction of a borrow pit and the related stormwater management
facilities. Water quantity attenuation for the project runoff will be provided in the excavated borrow pit.
Supporting calculations demonstrate that the post-development peak discharge rate resulting from a 25year, 24-hour storm will not exceed the discharge rate from the same storm in the pre-excavation
condition. The borrow pit design proposes to maintain existing surface water hydration for adjacent
wetlands. Clay liners will be constructed on the borrow pit side slopes adjacent to wetlands to reduce
seepage. Rehydration ditches will be constructed and maintained for the duration of the dewatering
operation to minimize impact to off-site groundwater levels.
There are 15.47 acres of Palustrine forested wetlands and 0.52 acre of upland cut surface waters within
the project area. The construction of the borrow pit will temporarily impact 0.01 acre of the wetland for
the construction of an outfall and will permanently impact the 0.52 acre of surface waters. There is no
wetland mitigation required for the proposed wetland and surface water impacts.
Dennis Carlton
COUNTY:
Hillsborough
SEC/TWP/RGE:
13/32S/20E
TOTAL ACRES OWNED
OR UNDER CONTROL:
154.70
PROJECT SIZE:
154.70 Acres
LAND USE:
Commercial
June 23, 2005
AMENDED DATE:
January 12, 2006
153
Permit No.:
Project Name:
I.
43029122.000
Carlton Borrow Pit
AREA
ACRES @ TOP OF BANK
102.58
102.58
POND NAME
Excavation
TOTAL
TREATMENT TYPE
N/A
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
III.
Compensation
0.00
Compensation
Type
N/A
Encroachment
Result (feet)
N/A
WETLAND NO.
A
C
TOTAL
TOTAL
AC.
1.09
14.38
15.47
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
1.09
14.37
15.46
0.00
0.01
0.01
0.00
0.00
0.00
Comments: There are 15.47 acres of Palustrine forested wetlands and 0.52 acre of upland cut
surface waters within the project area. The construction of the borrow pit will temporarily impact
0.01 acre of the wetland for the construction of an outfall and will permanently impact the 0.52
acre of surface waters. There is no wetland mitigation required for the proposed wetland and
surface water impacts.
154
CONSENT ITEMS
DISCUSSION PAPER
Belmont - Phase 1
35.
SUMMARY
Ɣ
Project Type:
Individual Construction Permit for the construction of a 688.58-acre, 792-unit single-family
residential subdivision and the associated storm water management facilities.
Ɣ
Location:
The project is located in Sections 13 and 24, Township 31 South, Range 19 East, and Section 19,
Township 31 South, Range 20 East, east of Interstate I-75, west of U.S. Highway 301 and south of
Big Bend Road, in Hillsborough County.
Ɣ
Engineering
Water quality treatment and quantity attenuation are provided in ten proposed wet detention ponds.
Future floodplain encroachments are compensated by an equivalent excavation.
Potable water and wastewater service are being provided by Hillsborough County.
Environmental
The Permittee will impact a 0.16 acre portion of a flow channel directly connected to Little Bullfrog
Creek.
To offset the wetland and/or water impacts the Permittee will dedicate a conservation easement to
the District preserving approximately 214 acres of wetland and upland habitat associated with
Bullfrog Creek.
Ɣ
155
156
PERMIT NO. 43029147.000
permit.
PROJECT NAME:
Belmont - Phase 1
GRANTED TO:
Belmont, LLC
2630 South Falkenburg Road
Riverview, FL 33569
ABSTRACT: The proposed project is for the construction of a 688.58-acre, 792-unit single-family
residential subdivision and the associated storm water management facilities. A proposed surface water
management system is to provide storm water attenuation and water quality treatment by wet detention.
Riverine floodplain encroachments are proposed within future phases. The future riverine floodplain
encroachment is compensated with an equivalent excavation constructed with this project. The project is
located in Sections 13 and 24, Township 31 South, Range 19 East, and Section 19, Township 31 South,
Range 20 East, east of Interstate I-75, west of U.S. Highway 301 and south of Big Bend Road, in
Hillsborough County.
Belmont, LLC
COUNTY:
Hillsborough
SEC/TWP/RGE:
13, 24/31S/19E; 19/31S/20E
TOTAL ACRES OWNED
OR UNDER CONTROL:
930.00
PROJECT SIZE:
688.58 Acres
LAND USE:
Residential
June 30, 2005
AMENDED DATE:
N/A
157
Permit No.:
Project Name:
I.
43029147.000
Belmont Phase 1
POND
NO.
A
B
C
D
G
H
J
R
S
T
AREA
ACRES @ TOP OF BANK
8.16
9.84
13.54
9.99
1.65
2.20
7.16
8.90
12.20
3.03
76.67
TOTAL
TREATMENT TYPE
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
Wet Detention
II.
100-Year Floodplain
Encroachment
(Acre-Feet of fill)
0.00
Compensation
3.74
Compensation
Type
EE
Encroachment
Result (feet)
N/A
Review.
Comments: Future floodplain encroachments may be partly or wholly compensated within this
project provided the Applicant demonstrates the future encroachments occur with the same basin
and within the same elevations as the compensation.
III.
WETLAND NO.
TOTAL
AC.
Pond 19-1
19-BC
19-C
19-D
19-E
19-H
TOTAL
1.76
1.18
0.99
0.48
1.87
0.34
6.62
NOT
IMPACTED
AC.
TEMPORARILY
DISTURBED
AC.
PERMANENTLY
DESTROYED
AC.
0.00
1.18
0.99
0.48
1.87
0.18
4.70
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.76
0.00
0.00
0.00
0.00
0.16
1.92
Comments: The project area consists of agricultural ditches, ponds, and surface waters
associated with Little Bullfrog Creek within the property boundary. The project will impact
approximately 4.76 acres of agricultural ditches mostly excavated in upland soils. Vegetation
158
Permit No.:
Project Name:
43029147.000
Belmont Phase 1
within the agricultural ditches consists primarily of nuisance/exotic plant species and the storm
water management system will offset the water quality the ditches provided. Surface Water Pond
"19-1" is 1.76 acres in size and is an open water system that will be impacted during construction.
UMAM analysis was not required for the impact to Pond "19-1", however the Permittee will offset
the minimal wildlife habitat value loss provided by Pond "19-1" in Storm water Pond "S". Wetland
"19-H" is a historical flow channel connected to Little Bullfrog Creek. The Permittee will impact
approximately 0.16 acre of Wetland "19-H". UMAM analysis is required for the 0.16-acre impact
to Wetland "19-H" and a functional loss of 0.04 was calculated. To offset the wetland impacts, the
Permittee will preserve, under a conservation easement dedicated to the District, 214.28 acres of
upland and wetland habitat along Bullfrog Creek. The total function gain units calculated from the
UMAM analysis for the upland and wetland preserve is 4.68. The Permittee has 4.64 functional
gain units remaining after this project to use in the future.
AREA
CREATED/
NO.
RESTORED
AC.
I
II
TOTAL
NET CHANGE
0.00
0.00
0.00
-1.92
UPLAND
PRESERVED
AC.
ENHANCED
WETLAND
AC.
17.00
0.00
71.19
0.00
88.19
0.00
159
WETLANDS
PRESERVED
AC.
MISC. MITI.
AC.
16.91
109.18
126.09
0.00
0.00
0.00
214.28
CONSENT ITEMS
DISCUSSION PAPER
WUP APPLICATION NO. 20009673.006
Debra, Thomas S., Thomas C., and Kara Watkins
Watkins TK 8 Grove
36.
SUMMARY
x
Renewal with modification to combine two existing Water Use Permits (WUP), WUP
20009673.005 and WUP 20012196.001 for agricultural and livestock use.
x
Hardee County, within the Southern Water Use Caution Area.
x
Quantities
Standard Annual Average
Drought Annual Average
Peak Month
Crop Protection
Existing (gpd)
Proposed (gpd)
Change (gpd)
823,600
1,108,200
5,293,300
23,623,000
724,700
1,056,300
5,705,600
22,348,800
-98,900
-51,900
412,300
-1,274,200
x
The decrease in the Standard and Drought Average Annual Daily quantities are due to
adjustments in crop types from citrus and melon irrigation to citrus irrigation and livestock
watering. There has been an overall increase in the irrigated acres from 856 acres of citrus and
melons to 896 acres of citrus.
x
There are six existing Upper Floridan aquifer wells, and one existing intermediate and Upper
Floridan aquifer well.
x
Other Special Conditions include those that require the Permittee to: continue to meter and report
existing pumpage; properly cap any well not in use; implement water conservation and best
management practices; comply with irrigation allotments and efficiency goals; report crop
protection usage; submit annual crop reports; investigate the feasibility of using reclaimed water;
and, modify the permit to reflect incorporation of any new alternative sources of water.
x
Meets rule requirements. Staff recommends approval.
160
161
Water Use Permit Summary
WATER USE
INDIVIDUAL
PERMIT NO. 20009673.006
EXPIRATION DATE: March 28, 2016
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:
Debra, Thomas S., Thomas C. and Kara Watkins
Avon Park, FL 33826
PROJECT NAME:
Watkins TK 8 Grove
WATER USE CAUTION AREA:
Southern
TOTAL QUANTITIES AUTHORIZED UNDER THIS PERMIT (in gpd)
STANDARD ANNUAL AVERAGE
DROUGHT ANNUAL AVERAGE1
PEAK MONTH2
CROP PROTECTION/MAXIMUM3
CREDIT BALANCE4
724,700 gpd
1,051,500 gpd
5,705,600 gpd
22,348,800 gpd
211,423,000 gallons
1
Annual average limit when less than historical average rainfall if sufficient Water Conserving Credits exist in the
Permittee's account.
2
3
4
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: 1,560 owned acres in Hardee County, approximately 8 miles east of the city of
Wauchula, about 10 miles northeast of the intersection of State Road 17 and State Road 64.
162
Permit No.:
Permittee:
20009673.006
Debra, Thomas S., Thomas C. and Kara Watkins
ABSTRACT: This is a renewal with modification to combine two existing Water Use Permits (WUP),
WUP 20000673.005 and WUP 20012196.001 for agricultural and livestock use. The combined Standard
Average Annual quantity decreases from 823,600 gallons per day (gpd) to 724,700 gpd (decrease of
98,900 gpd). The combined Drought Annual Average quantity decreases from 1,108,200 gpd to
1,056,300 gpd (decrease of 51,900 gpd). The combined Peak Month quantity increases from 5,293,300
gpd to 5,705,600 gpd (increase of 412,300 gpd). The combined Crop Protection decreases from
23,623,000 gpd to 22,348,800 gpd (decrease of 1,274,200 gpd). The changes in permitted quantities are
due to an adjustment in the District’s Agricultural Water Use Calculation Program (AGMOD), and due to
adjustments in crop types from citrus and melon irrigation to citrus irrigation, livestock watering, and the
removal of a proposed well. There has been an overall increase in the irrigated acres from 856 acres to
896 acres of citrus.
Special Conditions include those that require the Permittee to: continue to meter and report existing
pumpage; properly cap any well not in use; implement water conservation and best management
practices; comply with irrigation allotments and efficiency goals; report crop protection usage; submit
annual crop reports; investigate the feasibility of using reclaimed water; and, modify the permit to reflect
incorporation of any new alternative sources of water.
WATER USE TABLE (in gallons per day)
Use
Agricultural
Standard
Annual Average
724,700
Drought
Annual Average
1,051,500
Peak
Month
Crop
Protection
5,705,600
22,348,800
IRRIGATION ALLOCATION RATE TABLE
CROP/USE TYPE
Citrus
Livestock Watering
IRRIGATED
ACRES
IRRIGATION
METHOD
STANDARD
IRRIGATION
RATE
DROUGHT
IRRIGATION
RATE
896
Low volume under tree spray
12.1"/yr.
17.6"/yr.
163
CONSENT ITEMS
DISCUSSION PAPER
WATER USE PERMIT APPLICATION NO. 20006059.006
M-Plus Ranch, Inc. and West Florida Agro, Ltd.
37.
SUMMARY
x
Modification of an existing permit for agricultural use.
x
Manatee County, adjacent to the Most Impacted Area (MIA) of the Southern Water Use Caution
Area (SWUCA).
x
Quantities
Peak Month
Crop Protection
Existing (gpd)
Proposed (gpd)
Change (gpd)
969,000
969,000
3,145,000
N/A
1,469,100
1,469,100
3,188,000
N/A
500,100
500,100
43,000
N/A
x
Quantities at this site increase through relocation of quantities from WFA Land Company, Inc.'s
Farm No. 2 to the M-Plus Ranch, LLC located in Manatee County, within the SWUCA.
x
This permit action results in no change in the annual average daily quantity in the SWUCA.
x
Upon approval of this application, the WFA Land Company, Inc.’s Farm No. 2 permit (donor WUP)
will be reduced.
x
Two existing wells open exclusively to the upper Floridan aquifer system.
x
Reclaimed water for alternative use is not currently available for this site.
x
Special conditions include those that require the Permittee to investigate the feasibility of utilizing
reclaimed water or other alternative water supplies; maintain existing flow meters; record and report
monthly meter readings; adhere to the specified SWUCA irrigation allotments for agriculture; submit
seasonal water use reports; cap withdrawal points not in use; convert to alternative water supplies
when it becomes available; report connection to alternative water supplies; continue to implement
irrigation conservation measures; provide lease renewal documents; conduct an environmental
assessment; and comply with the requirements for water use in the SWUCA.
x
164
165
WATER USE
INDIVIDUAL
PERMIT NO. 20006059.006
EXPIRATION DATE: August 8, 2010
Modification
GRANTED TO:
M-Plus Ranch, Inc.
1100 Mt. Pisgah Road
Fort Meade, FL 33841
PROJECT NAME:
M-Plus Ranch
Southern
West Florida Agro, Ltd.
Post Office Box 170
Wimauma, FL 33598
PEAK MONTH2
1
2
1,469,100 gpd
1,469,100 gpd
3,188,000 gpd
PROPERTY LOCATION: 810 owned acres in Manatee County, approximately 4 miles west of Duette,
1.2 miles west of the intersection of State Highway 62 and State Highway 39.
ABSTRACT: This is a modification of an existing agricultural water use permit to relocate quantities from
existing WUP No. 20009391.009. The standard annual average daily quantity increases from 969,000 gpd
to 1,469,100 gpd (increase of 500,100 gpd). The peak month daily quantity increases from 3,145,000 gpd to
3,188,000 gpd (increase of 43,000 gpd). The increase in the standard annual average daily quantity is due
solely to relocation and results in no increase in annual average daily quantities in the SWUCA. Quantities
were determined using the District's agricultural water use program, AGMOD based on a new crop plan.
Special conditions include those that require the Permittee to investigate the feasibility of utilizing reclaimed
water or other alternative water supplies; maintain existing flow meters; record and report monthly meter
readings; adhere to the specified SWUCA irrigation allotments for agriculture; submit seasonal water use
reports; cap withdrawal points not in use; convert to using alternative water supplies when it becomes
available; report connection to alternative water supplies; continue to implement irrigation conservation
measures; provide lease renewal documents; conduct an environmental assessment; and comply with the
requirements for water use in the SWUCA.
166
Permit No.:
20006059.006
Project Name: M-Plus Ranch
Use
Standard
Annual Average
Agricultural:
1,469,100
Drought
Annual Average
1,469,100
Peak
Month
3,188,000
CROP/USE TYPE
Spring Tomatoes/Row Crop
Fall Tomatoes/Row Crop
IRRIGATED
ACRES
IRRIGATION
METHOD
STANDARD
IRRIGATION
RATE
350
250
Drip with mulch
Drip with mulch
34.1"/yr.
31.3"/yr.
167
DROUGHT
IRRIGATION
RATE
30.1"/yr.
31.3"/yr.
CONSENT ITEMS
DISCUSSION PAPER
WFA Land Co. Inc. - Farm 2
38.
SUMMARY
x
Modification of an existing permit for agricultural use.
x
Manatee County adjacent to the Most Impacted Area (MIA) of the Southern Water Use Caution
Area (SWUCA).
Quantities
Peak Month
Crop Protection
Existing (gpd)
Proposed (gpd)
Change (gpd)
2,307,100
2,543,500
8,224,500
18,900,000
1,807,000
2,189,900
8,357,800
23,563,000
-500,100
-353,600
133,300
4,663,000
x
The reduction in quantities is due to relocation to Water Use Permit No. 20006059.005 – M-Plus
Ranch/West Florida Agro, Ltd.
x
There are five existing wells open to the Upper Floridan Aquifer System and two surface water
withdrawal facilities.
x
Reclaimed water is not available for this site.
x
Special conditions include those that require the Permittee to maintain existing meters; record
and report monthly meter readings; submit quarterly water quality sampling results; cap
withdrawal points not in use; report connection to alternative water supplies; continue to
implement irrigation conservation measures; report crop protection water use; submit annual
irrigation water use reports; maximize the use of surface water; and comply with the requirements
for water use in the SWUCA.
x
168
169
WATER USE
INDIVIDUAL
PERMIT NO. 20009391.009
EXPIRATION DATE: February 26, 2011
Modification
GRANTED TO:
WFA Land Co., Inc.
Post Office Box 170
Wimauma, FL 33598
PROJECT NAME:
West Florida Agro Ltd/Farm 2
Southern
PEAK MONTH2
CREDIT BALANCE4
1,807,000 gpd
2,189,900 gpd
8,357,800 gpd
23,563,000 gpd
247,012,270 gallons
1
2
3
4
PROPERTY LOCATION: 2,140 owned acres in Manatee County, approximately 3 miles west of the
intersection of State Road 62 and County Road 39.
ABSTRACT: This is a modification of an existing agricultural water use permit to change the crop plan
and relocate quantities to Water Use Permit No. 20006059.005. The standard annual average daily
quantity decreases from 2,307,100 gpd to 1,807,000 gpd (decrease of 500,100 gpd). The peak month
daily quantity increases from 8,224,500 gpd to 8,357,800 gpd (increase of 133,300 gpd) and the crop
protection quantity increases from 18,900,000 gpd to 23,563,000 gpd (increase of 4,663,000). Quantities
were determined using the District's agricultural water use calculation program, AGMOD, based on the
new crop plan and updated pump capacity data.
170
Permit No.:
Project Name:
20009391.009
West Florida Agro Ltd/Farm 2
Special conditions include those that require the Permittee to maintain existing meters; record and report
monthly meter readings; submit quarterly water quality sampling results; cap withdrawal points not in use;
report connection to alternative water supplies; continue to implement irrigation conservation measures;
report crop protection water use; submit annual irrigation water use reports; maximize the use of surface
water; and comply with the requirements for water use in the Southern Water Use Caution Area.
Use
Agricultural:
Standard
Annual Average
1,807,000
Drought
Annual Average
Peak
Month
Crop
Protection
2,189,900
8,357,800
23,563,000
CROP/USE TYPE
Citrus
Sod
IRRIGATED
ACRES
IRRIGATION
METHOD
STANDARD
IRRIGATION
RATE
DROUGHT
IRRIGATION
RATE
1,099
260
Seepage
12.9"/yr.
32.2"/yr.
18.4"/yr.
35.6"/yr.
171
CONSENT ITEMS
DISCUSSION PAPER
Fourth Quarter Properties XXXII, L.L.C.
Thomas Ranch
39.
SUMMARY
x
Modification of an existing permit for agricultural and mining use.
x
Sarasota County, within the Southern Water Use Caution Area.
x
Quantities
Peak Month
Crop Protection
Existing (gpd)
Proposed (gpd)
Change (gpd)
4,738,400
5,831,300
15,604,100
25,157,800
3,201,100
4,001,500
13,269,700
24,603,000
-1,537,300
-1,829,800
-2,334,400
-554,800
x
The changes in quantities are based on reduction in irrigated acreage due to a land sale.
x
Approximately 30 to 40 percent of the proposed quantities are provided by surface water from onsite
borrow pits.
x
Reclaimed water is not currently available at this site.
x
Three existing surface water withdrawals and eighteen proposed surface water withdrawals. Nine
existing groundwater withdrawals open exclusively to PZ-3 of the IAS. Twenty-nine proposed
groundwater withdrawals will be open exclusively to PZ-3 of the IAS.
x
Special conditions include those that require the Permittee to investigate feasibility of reclaimed water
or other alternative supply; maintain existing flow meters; install flow meters on proposed withdrawal
points; record and report monthly meter readings; submit annual crop reports; plug and abandon two
wells; adhere to construction stipulations for proposed wells; cap withdrawal points not in use; sample
wells for water quality during drilling; record and report crop protection events; implement irrigation
conservation measures; set chloride trigger levels for new groundwater sources and comply with the
new requirements for water uses in the Southern Water Use Caution Area.
x
172
173
WATER USE
INDIVIDUAL
PERMIT NO. 20003872.013
EXPIRATION DATE: May 19, 2008
Modification
GRANTED TO:
Fourth Quarter Properties, XXXII, LLC
7000 South Tamiami Trail
Venice, FL 34293
PROJECT NAME:
Thomas Ranch
Southern
PEAK MONTH2
CREDIT BALANCE4
3,201,100 gpd
4,001,500 gpd
13,269,700 gpd
24,603,000 gpd
630,183,400 gallons
1
2
3
4
PROPERTY LOCATION: 13,307.6 owned acres in Sarasota County, approximately 0.5 mile east of
Englewood and west of the Myakka River.
174
Permit No.:
Permittee:
20003872.013
Fourth Quarter Properties, XXXII, LLC
ABSTRACT: This is a modification of an existing agricultural and mining water use permit with a
decrease in the permitted quantities. The Standard Annual Average quantity decreases from 4,738,400
gallons per day (gpd) to 3,201,100 gpd (decrease of 1,537,300 gpd). The Drought Annual average
quantity decreases from 5,831,300 gpd to 4,001,500 gpd (decrease of 1,829,800 gpd). The Peak Month
Quantity decreases from 15,604,100 gpd to 13,269,700 gpd (decrease of 2,334,400 gpd). The Crop
Protection Quantity decreases from 25,157,800 gpd to 24,603,000 gpd (decrease of 554,800 gpd). The
changes in quantities are due to reduction in irrigated acreage due to a land sale.
Special conditions include those that require the Permittee to investigate feasibility of reclaimed water or
other alternative supply; maintain existing flow meters; install flow meters on proposed withdrawal points;
record and report monthly meter readings; submit annual crop reports; plug and abandon two wells;
adhere to construction stipulations for proposed wells; cap withdrawal points not in use; sample wells for
water quality during drilling; record and report crop protection events; implement irrigation conservation
measures; set chloride trigger levels for new groundwater sources and comply with the new requirements
for water uses in the Southern Water Use Caution Area.
Use
Agricultural
Mining/Dewatering
Standard
Annual Average
3,198,500
2,600
Drought
Annual Average
4,001,500
N/A
Peak
Month
13,264,500
5,200
Crop
Protection
24,603,000
N/A
CROP/USE TYPE
IRRIGATED
ACRES
Citrus
2,231.5
Field Nursery
28.0
Commercial Hay
737.8
Water Entrained with Product
Other
IRRIGATION
METHOD
Sprinkler over plant
Volume gun, Traveling gun, Portable gun
175
STANDARD
IRRIGATION
RATE
13.8"/yr.
43.3"/yr.
14.5"/yr.
DROUGHT
IRRIGATION
RATE
18.1"/yr.
51.8"/yr.
16.2"/yr.
CONSENT ITEMS
DISCUSSION PAPER
Hillsborough County Solid Waste Management Department
Balm Grove
40.
SUMMARY
x
Renewal of an existing agricultural permit.
x
Hillsborough County, within the Southern Water Use Caution Area.
x
Quantities
Peak Month
Crop Protection
Existing (gpd)
Proposed (gpd) Change (gpd)
645,200
976,400
5,108,900
14,355,400
684,300
977,700
5,108,900
14,355,400
+39,100
+1,300
0
0
x
The increase in quantities is solely due to AGMOD application rate adjustments as use and irrigated
acres are not changed.
x
All the production wells are open to the upper Floridan aquifer. There is one surface water withdrawal
point.
x
Treated effluent for alternative use is not available for this site.
x
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;
monitor and submit surface water levels for a proposed surface withdrawal point; cap withdrawals not
in use; construct proposed well consistent with required specifications; submit an application to
modify this permit to reflect alternative source quantities when an alternative source becomes
available; investigate/mitigate potential crop protection impacts; document and report hours and
dates for crop protection use; adhere to rule-prescribed irrigation application rates; and submit
seasonal and annual crop reports.
x
176
177
Default Date: March 28, 2006
WATER USE
INDIVIDUAL
PERMIT NO. 20002714.014
Renewal
GRANTED TO:
Tampa, FL 33601
PROJECT NAME:
Balm Grove
Southern
PEAK MONTH2
CREDIT BALANCE4
684,300 gpd
977,200 gpd
5,108,900 gpd
14,355,400 gpd
450,612,000 gallons
1
2
3
4
PROPERTY LOCATION: 803 owned acres in Hillsborough County, approximately 1.9 miles east of
Picnic; approximately 1.6 miles from the intersection of County Road 39 and County Road 672.
178
Permit No.:
Permittee:
20002714.014
ABSTRACT: This is a renewal of an existing agricultural permit with an overall increase in quantities.
The Standard Annual Average quantity increases from 645,200 gallons per day (gpd) to 684,300 gpd
(increase of 39,100 gpd), the Peak Month quantity remains the same at 5,108,900, and the Crop
Protection also remains the same at 14,355,400 gpd. Changes in quantities are solely due to AGMOD
application rate adjustments for irrigation of the same crops. 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; monitor and submit surface water levels for a
proposed surface withdrawal point; cap withdrawals not in use; construct proposed well consistent with
required specifications; submit an application to modify this permit to reflect alternative source quantities
when an alternative source becomes available; investigate/mitigate potential crop protection impacts;
document and report hours and dates for crop protection use; adhere to rule-prescribed irrigation
application rates; and submit seasonal and annual crop reports.
Use
Agricultural
Standard
Annual Average
684,300
Drought
Annual Average
977,200
179
Peak
Month
5,108,900
Crop
Protection
14,355,400
CONSENT ITEMS
DISCUSSION PAPER
WCI Communities Inc. and Sun City Center West Master Association
Sun City Development
41.
SUMMARY
•
Renewal of an existing recreational permit with modification to decrease quantities.
•
Hillsborough County within the Most Impacted Area of the Southern Water Use Caution Area, on
State Road 674 between Interstate 75 and US Highway 301.
•
Quantities
Peak Month
Existing (gpd)
2,813,500
3,311,300
7,736,700
Proposed (gpd)
2,469,500
2,732,000
6,245,900
Change (gpd)
-344,000
-579,300
-1,490,800
•
The decrease in quantities on this permit is due to a reduction in irrigated acres.
•
There are three existing wells open solely to the Floridan aquifer, and nine existing wells are open
to both the intermediate and Floridan aquifers, which were drilled in the 1960's and 1970's. In
addition, there are twelve surface water withdrawals from man-made ponds.
•
Treated effluent for alternative use is not currently 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, adhere to rule-prescribed irrigation application rates, sample and report water quality from
one well, continue to implement an approved water conservation plan, utilize water-conserving
irrigation practices, investigate the restoration of reclaimed water supply from the local supplier,
and maximize the use of surface water versus groundwater.
•
180
181
WATER USE
INDIVIDUAL
PERMIT NO. 20006092.010
Renewal
GRANTED TO:
WCI Communities, Inc. and
Sun City Center West Master Association
Sun City Center, FL 33571-5698
PROJECT NAME:
Sun City Center Development
Most Impacted Area - Southern
PEAK MONTH2
CREDIT BALANCE3
2,469,500 gpd
2,732,000 gpd
6,245,900 gpd
581,749,980 gallons
1
2
3
PROPERTY LOCATION: 1,610 owned acres in Hillsborough County, approximately 2 miles east of State
Road 674 and Interstate highway I-75 intersection, 3 miles west of the community of Wimauma.
182
Permit No.:
Permittee:
20006092.010
WCI Communities, Inc. and Sun City Center West Master Association
ABSTRACT: This is a renewal of an existing recreational permit with modification to decrease quantities.
The Standard Annual Average quantity decreases from 2,813,500 gallons per day (gpd) to 2,469,500 gpd
and the Peak Month quantity decreases from 7,736,700 gpd to 6,245,900 gpd due to a decrease in
irrigated lawn and landscape area. 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, adhere to rule-prescribed irrigation application rates, sample and report
water quality from one well, continue to implement an approved water conservation plan, utilize waterconserving irrigation practices, investigate the restoration of reclaimed water supply from the local
supplier, and maximize the use of surface water versus groundwater.
Standard
Annual Average
Use
Recreation/Aesthetic
2,469,500
Peak
Month
6,245,900
CROP/USE TYPE
Fairways, Tees and Greens
Lawn & Landscape
IRRIGATED
ACRES
733.50
257.77
IRRIGATION
METHOD
STANDARD
IRRIGATION
RATE
DROUGHT
IRRIGATION
RATE
34.5"/yr.
29.3"/yr.
37.9"/yr.
33.4"/yr.
183
184
March 28-29, 2006
Consent Agenda
42. Consent Order - ERP No. 46020771.000 – Harbsmeier, DeZayas & Appel
Investments, LLC (Strawbridge SP00-005) – Polk County
On September 14, 2000, the District issued Environmental Resource Permit (ERP) No.
46020771.000 (“Permit”) to V. Frederick Strawbridge to authorize the construction and
operation of a surface water management system serving a commercial office building
(“Project”) located on approximately 0.51 acre of land in Lakeland, Polk County
(“Property”). On June 14, 2001, a Statement of Completion and as-built drawings were
submitted for the Project; however, a site visit by District staff revealed that the drainage
basin was not constructed in accordance with the Permit in that a portion of the parking lot
drainage bypassed the stormwater pond, and a skimmer was not installed on the pond’s
control structure. District staff issued a Notice of As-Built Deviation in February and May
2002. In June 2002, District staff received notification from the Project engineer that the
deviation had been corrected. District staff site visits in June and July 2002 revealed that
the drainage basin deviation had not been corrected. Another Notice of As-Built Deviation
was sent to the Permittee in October 2002.
District staff subsequently became aware that the Project was no longer owned by the
Permittee, and was owned by Harbsmeier, Dezayas & Appel Investments, LLC (the
“Owner”). According to records maintained by the Polk County Property Appraiser’s
Office, the Owner had acquired the Property in August 2000, before the Permit was
issued. On February 11, 2003, a Notice of Violation for operation of a surface water
management system without having obtained a permit from the District was issued to the
Owner. The Notice advised Owner to obtain an ERP, either by having the Permit
transferred to it or applying for a new ERP, and that upon obtaining an ERP, the remaining
as-built construction deviation would have to be corrected.
Owner submitted a request to have the Permit be transferred to it, and the Permit was
transferred effective October 13, 2003. However, revised as-built drawings were not
submitted to demonstrate that the remaining construction deviation had been corrected.
Therefore, on March 30, 2004, the District issued a Notice of Violation to the Owner
concerning the failure to construct the project in accordance with the plans and
specifications of the Permit. No response was received. On August 16, 2004, a proposed
Consent Order was issued to the Owner to obtain compliance and assess penalties and
costs totaling $2,450.00 in accordance with the new ERP penalty matrix as follows:
• $750 – for potential water quality degradation, within the penalty matrix range of $250 $2,499 for such violations;
• $500 – for minor construction deviations, within the penalty matrix range of $250 $2,499 for such violations;
185
• $500 – for the failure to submit revised as-built construction drawings, which is the
standard penalty for the failure to submit a Statement of Completion and as-built
construction drawings; and
• $700 – the standard cost assessment for the failure to submit Statement of
Completion/as-built documents for this type of permit.
Following issuance of the Consent Order, the Owner was invited to make a reasonable
counter offer in settlement of the matter, but did not respond. Authorization to initiate
litigation was obtained at the December 2004 Governing Board meeting.
An
Administrative Complaint and Order (ACO) was served on March 8, 2005. No objection
was filed, and the ACO became final as of March 23, 2005. After being served with the
ACO, the Owner undertook further corrective action. However, a Statement of Completion
certifying compliance was not submitted. On October 6, 2005, a Notice of Violation was
issued concerning the pond’s failure to recover its treatment volume in the required time.
After further corrective work by the Owner and discussion with District staff, staff
conducted another site visit to assess pond functioning and have determined that the
existing pond is acceptable. A Consent Order with the same penalties and costs as
previously assessed, plus litigation costs of $20, for a total of $2,470, was proposed and
has been accepted.
A signed Consent Order has been received.
Approve the proposed Consent Order and authorize the initiation of litigation in the event
that Harbsmeier, Dezayas & Appel Investments, LLC fail to comply with the Consent
Order.
Presenter: Martha A. Moore, Senior Attorney
186
March 28-29, 2006
Consent Agenda
43. Consent Order – 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 2 of the proposed 5
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 2 buildings comprising approximately
5,000 square feet and associated grading activity. On June 24, 2005, Tim and Sandy
Harper submitted an ERP application for the proposed development. The ERP has since
been issued.
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:
• $2,000 – for potential water quality degradation, within the penalty matrix range of $250 $2,499 for such deviations;
• $640 – for unauthorized grading of 0.32 acre at $2,000 per acre;
• $975 – for 0.13 acre of unauthorized impervious installation at $7,500 per acre; and
• $2,000 – the standard cost assessment for construction without a permit.
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, for a total of $3,050 as follows:
• $416 – for unauthorized grading of 0.32 acre;
• $634 – for 0.13 acre of unauthorized impervious installation; and
• $2,000 – the standard cost assessment for construction without a permit.
On February 21, 2006, the Governing Board authorized the initiation of litigation to resolve
this matter. After further discussion with Mr. Harper, District staff determined that the
grading activities were more appropriately characterized as clearing, and that District costs
187
could be reduced by $400 due to the fact that only one site visit was made (two are
presumed for standard costs). District staff have proposed a revised Consent Order
assessing a total of $2,442 as follows:
• $208 – for unauthorized clearing of 0.32 acre;
• $634 – for 0.13 acre of unauthorized impervious installation; and
• $1,600 – for cost assessment.
Mr. Harper has agreed to the amount, but has requested to be allowed to make payment
over 180 days, which is acceptable to staff. Staff anticipate receiving a signed Consent
Order prior to the Governing Board meeting. (However, if a signed Consent Order is not
received, this matter will be deleted from the agenda and initiation of litigation will be
pursued.)
Approve the proposed Consent Order and authorize the initiation of litigation against Tim
Harper and Sandy Harper in the event that they fail to comply with the Consent Order.
188
March 28-29, 2006
Consent Agenda
44. Initiation of Litigation – 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
189
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.
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 – 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;
• $13,500 – 50% aggravating factor for lack of cooperation after District contact; and
• $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
but has not yet done so. An application has been submitted to add McDonald Golf
Enterprises and Golden Lakes Community Development District as co-permittees. As of
the preparation of this recap, 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.
190
March 28-29, 2006
Consent Agenda
45. Initiation of Litigation – Surface Water Activity – Coachman, Inc. (Dr. H. Jerome
Koser Medical Office) – Pinellas County
Coachman, Inc. (Coachman), is the current owner of commercial property in Clearwater,
Pinellas County, that is subject to a District surface water permit. Coachman failed to
transfer the permit to itself when it acquired the property, and is therefore operating the
surface water management system without a permit, in violation of District rules.
District staff sent Coachman three letters requesting that Coachman transfer the permit or
otherwise obtain a permit to operate the surface water management system. Coachman
failed to respond to the letters. On December 29, 2005, District staff issued Coachman a
Notice of Violation concerning this matter. Coachman failed to respond to the Notice of
Violation. Therefore, on February 17, 2006, District staff issued a proposed Consent
Order. The proposed Consent Order assessed penalties and costs totaling $1,200.00 as
follows:
• $500.00 – for other correctable document failures; and
• $700.00 – the standard enforcement cost assessment for failure to submit other
documents.
As of the preparation of this recap, Coachman has not responded to the proposed
Consent Order.
Authorize the initiation of litigation against Coachman, Inc., and any other appropriate
parties, to obtain compliance, a monetary penalty and recovery of District enforcement
costs, court costs and attorney’s fees.
Presenter: Margaret M. Craig, Senior Attorney
191
192
March 28-29, 2006
Consent Agenda
46. Initiation of Litigation – Surface Water Activity – Family Dynamics, Inc. (Gregg
Business Center) – Hillsborough County
In May 2003, the District issued an Environmental Resource Permit (ERP) authorizing
construction of a commercial development with associated stormwater management
facilities to Gregg Enterprises, Inc., now known as Family Dynamics, Inc. In accordance
with state law and the terms of the ERP, a Statement of Completion (SOC) and certified
as-built construction drawings were required to be submitted to the District within 30 days
of completion of construction of the project. On June 14, 2004, District staff inspecting the
project determined that construction was complete. However, no SOC or as-built
drawings had been submitted.
District staff sent the company two letters requesting that company submit the SOC and
as-builts. Family Dynamics, Inc., failed to respond to the letters. On December 21, 2005,
District staff issued the company a Notice of Violation concerning this matter. Family
Dynamics, Inc., failed to respond to the Notice of Violation. Therefore, on February 17,
2006, District staff issued a proposed Consent Order. The proposed Consent Order
assessed penalties and costs totaling $1,700.00 as follows:
• $1,000.00 – the standard penalty for failure to submit a SOC and as-builts for a general
ERP; and
• $700.00 – the standard enforcement cost assessment for failure to submit a SOC and
as-built documents.
As of the preparation of this recap, Family Dynamics, Inc., has not responded to the
proposed Consent Order.
Authorize the initiation of litigation against Family Dynamics, Inc., and any other
appropriate parties, to obtain compliance, a monetary penalty and recovery of District
enforcement costs, court costs and attorney’s fees.
193
194
March 28-29, 2006
Consent Agenda
47. Initiation of Litigation – Well Construction – License No. 2215 – Tony Holt –
Hillsborough County
Water well contractors are required by District rules to have the appropriate Well
Construction Permit (WCP) at the construction site during construction of the well. During
a routine site inspection in December 2004, District staff determined Tony Holt, License
No. 2215, did not have the WCP at the site of the construction of an irrigation well in Plant
City, Hillsborough County. Mr. Holt had previously received two verbal warnings for failing
to have the WCP at other sites. On October 25, 2005, District staff issued a Notice of
Violation to Mr. Holt for his failure to have the WCP on site. A proposed Consent Order
was issued on December 30, 2005. The Consent Order assessed penalties consistent
with the Water Well Contractor Disciplinary Guidelines and Procedures Manual, October
2002 and the Florida Unified Citations Dictionary for Water Well Construction, October
2002 as follows:
x $100.00 for the failure to have the Well Construction Permit on site; and
x One (1) point against Mr. Holt’s Well Contractor License.
Mr. Holt did not respond to the Notice of Violation or to the proposed Consent Order.
Consequently, authorization to initiate litigation is being requested. If approved, an
Administrative Complaint and Order will be issued to address the violation.
Authorize the initiation of litigation against Mr. Holt to take disciplinary action against his
license, recover an administrative fine/civil penalty, and recover District enforcement costs,
court costs and attorney’s fees.
195
196
March 28-29, 2006
Consent Agenda
48. Initiation of Litigation - Well Construction - License No. 9247 – Waylon Howard –
Hillsborough County
During the investigation of a complaint in August 2005, District staff determined that Mr.
Waylon Howard, License No. 9247, had committed violations of District rules during the
construction of a domestic well in Tampa, Hillsborough County. Mr. Howard failed to seal
the casing of the well with bentonite grout, as required by District rules. Mr. Howard
further submitted a Well Completion Report (WCR) certifying that the well was four inches
in diameter, was constructed with galvanized casing, and was 250 feet deep with 147 feet
of casing. The well was actually five inches in diameter, and was constructed with black
steel casing. Upon logging the well, staff determined that the well was 92 feet deep, with
80 feet of casing. Therefore, the WCR was inaccurate, in violation of District rules.
District staff conducting a routine inspection in May 2005 at a separate site observed that
a domestic well being constructed by Mr. Howard in Tampa was not sealed with a
watertight cover during a temporary interruption in work, as required by District rules. The
well was abandoned in October 2005. District staff observing the abandonment
determined that Mr. Howard had not joined the well casing in an approved manner, as
required by District rules.
On October 28, 2005, District staff issued a Notice of Violation to Mr. Howard for the
above-described violations. A proposed Consent Order was issued on December 30,
2005. The Consent Order assessed penalties consistent with the Water Well Contractor
Disciplinary Guidelines and Procedures Manual, October 2002 and the Florida Unified
Citations Dictionary for Water Well Construction, October 2002 as follows:
x $500.00 for the failure to seal a driven casing with bentonite grout;
x $250.00 for the failure to file an accurate WCR;
x $350.00 for the failure to properly seal the well opening;
x $1,000.00 for the failure to properly join the casing; and
x Twenty-one (21) points against Mr. Howard’s Well Contractor License.
Mr. Howard did not respond to the Notice of Violation or to the proposed Consent Order.
Consequently, authorization to initiate litigation is being requested. If approved, an
Administrative Complaint and Order will be issued to address the violation.
Authorize the initiation of litigation against Mr. Howard to take disciplinary action against
his license, recover an administrative fine/civil penalty, and recover District enforcement
costs, court costs and attorney’s fees.
197
198
March 28-29, 2006
Consent Agenda
49. Electrical Power Plant Site Certification – SWFWMD Agency Report on Hillsborough
County Resource Recovery Facility Expansion – Hillsborough County
Procedural Overview
The Power Plant Siting Act, Chapter 403, Part II, Florida Statutes (F.S.), (PPSA) sets forth
the process by which electric power companies and other power generators become
certified to provide steam electrical generating capacity. Once a facility is certified, the
conditions of certification constitute the only regulatory permitting requirements for the life
of the plant unless modified or supplemented.
The Florida Department of Environmental Protection (DEP) is the processing agency for
all PPSA certifications. Water management districts are one of six statutory reviewing
agencies for site certification applications. Once DEP deems an initial or supplemental
application to be complete and sufficient, statutory reviewing agencies are obligated to
submit an Agency Report concerning matters under their respective jurisdiction. The
Agency Report must contain the conditions of certification necessary to meet the Agency’s
applicable substantive permitting requirements. Reviewing agencies do not take final
agency action on the application.
After Agency Reports are submitted, DEP prepares a written analysis and proposed
conditions of certification.
A certification hearing is then held by the assigned
Administrative Law Judge (ALJ). The certification hearing constitutes the sole hearing
allowed by Chapter 120, F.S., to determine the substantial interests of a party regarding
any required agency license or permit. At the conclusion of the hearing, the ALJ will
submit a recommended order to the Siting Board (Governor and Cabinet), which has 60
days to act upon the application and issue its final order approving or denying certification.
In this matter, the schedule for processing of Hillsborough County’s Resource Recovery
Facility expansion site certification application requires all agency reports to be submitted
to DEP no later than April 20, 2006. The certification hearing will be held in Hillsborough
County on July 12 – 13, 2006.
Hillsborough County’s Resource Recovery Facility
Since 1987, Hillsborough County has operated a Resource Recovery Facility (“Facility”)
located on Falkenburg Road in the unincorporated southeast portion of the county. The
Facility generates electricity from the burning of solid waste that would otherwise be
placed in a landfill. The Facility has obtained Electrical Power Plant Site Certification in
connection with its waste-to-energy operations involving three combustion/steam
generation units. Hillsborough County now seeks to construct and operate an additional
steam generation unit that will increase the Facility’s solid waste processing capacity and
increase its steam electrical generating capacity from 39 megawatts (MW) to 47 MW.
199
In accordance with the PPSA, the County filed its application for supplemental site
certification on November 21, 2005. District staff provided comments as to the sufficiency
of the application. On January 20, 2006, DEP issued a Notice of Insufficiency based upon
the review comments of District staff, DEP and the Environmental Protection Commission
of Hillsborough County. Additional information has been provided by Hillsborough County
in response to DEP’s Notice of Insufficiency. Agency Reports are now due to be filed with
DEP no later than April 20, 2006.
The basic operation of the Facility will not change when the additional unit is installed.
Pursuant to its current conditions of certification, the Facility uses only treated wastewater
from the co-located Falkenburg Waste Water Treatment Plant (WWTP) to satisfy the
Facility’s water need for process and cooling purposes. The current reclaimed water
demand is approximately 0.87 million gallons per day (MGD) and is expected to increase
to 1.3 MGD with the expansion. Potable water is supplied to the site from an existing City
of Tampa water supply pipeline. The current potable demand is 55,300 gallons per day
(gpd) and is expected to increase to 83,000 gpd with the expansion. All discharge water
(potable and process) is directed back to the Falkenburg WWTP. Stormwater will be
treated and managed in the existing system of swales and detention/retention ponds. The
expansion will not require the construction of any new pipeline, water supply well or
stormwater management facility.
District staff have reviewed the initial application and supplemental information and have
determined that the proposed expansion will continue to meet the substantive water use
and environmental resource permitting requirements regulated by the District. A proposed
Agency Report is being prepared and will be provided to the Governing Board in advance
of the meeting.
Approve the proposed Agency Report and Conditions of Certification to be submitted to
DEP for Hillsborough County’s Resource Recovery Facility Expansion.
Presenter:
Martha A. Moore, Senior Attorney
200
March 28-29, 2006
Consent Agenda
50. Request for Public Hearing from Tampa Bay Water on Proposed Minimum Flows for
the Freshwater Segment of the Alafia River
The Governing Board approved the proposed Minimum Flows for the freshwater segment
of the Alafia River at its meeting in Bradenton in November, 2005. The Minimum Flows
are to be measured at a United States Geological Service (USGS) Gage located at Lithia
Springs. Proposed Minimum Flows for the estuarine portion of the River will be presented
to the Governing Board at the June 2006 meeting.
In response to the publication of notice of proposed rule for the Minimum Flows for the
freshwater segment of the Alafia River, Tampa Bay Water timely filed a request for a
public hearing before the Board pursuant to paragraph 120.54(3)(d), Florida Statutes.
Tampa Bay Water has a permit for water withdrawals from the Alafia River below the Lithia
USGS Gage. Tampa Bay Water has indicated that without knowing the proposed
Minimum Flows for both the freshwater and estuarine portions of the Alafia River, it can
not determine if the Minimum Flows will affect its permitted withdrawals. Tampa Bay
Water is willing to postpone the public hearing until the Governing Board has been
presented with the proposed Minimum Flows for the estuarine potion of the River.
See Exhibit
Grant Tampa Bay Water's request for a public hearing on the proposed Minimum Flows
for the freshwater segment of the Alafia River, and continue the public hearing until the
June 2006 Governing Board meeting.
Presenter: Karen A. Lloyd, Assistant General Counsel
201
202
203
204
March 28-29, 2006
Consent Agenda
51. Establishment of Water Resource Caution Areas in Portions of Polk, Hillsborough
and Pasco Counties
The Department of Environmental Protection (DEP) is required to adopt the Water
Resource Implementation Rule found in Chapter 62-40, Florida Administrative Code
(F.A.C.), commonly referred to as "62-40." The water management districts are to be
consistent with 62-40 when implementing Chapter 373, Florida Statutes (F.S.).
The DEP has recently amended 62-40 to include the following:
"Within one year of the determination [by a water management district] that a
regional water supply plan is needed for a water supply planning region, the region
shall also be designated [by the water management district] as a water resource
caution area."
A designation as a water resource caution area allows DEP to then require wastewater
utilities in the area to conduct reuse feasibility studies pursuant provisions of Chapter 403,
F.S., and 62-40.
The District has determined that a regional water supply plan must be prepared for a tencounty planning region, including all of Pasco, Hillsborough, Pinellas, Polk, Highlands,
Hardee, DeSoto, Manatee, Sarasota and Charlotte counties within the District. This
determination was made by the District because "existing sources of water are not
adequate to supply water for all existing and future reasonable-beneficial uses and to
sustain the water resources and related natural systems for the planning period"
(373.0361(1), F.S.).
Most, but not all, of this ten-county planning region is encompassed by the Northern
Tampa Bay Water Use Caution Area (NTBWUCA) and the Southern Water Use Caution
Area (SWUCA), which are already designated as water resource caution areas.
The recent amendment to Chapter 62-40, F.A.C., requires the District to designate those
areas in Pasco, Hillsborough and Polk counties that are outside the NTBWUCA and
SWUCA as a water resource caution area. This designation is accomplished by
Governing Board Order, as shown in the exhibit to this item.
This designation does not require any changes in the District's rules or programs.
See Exhibits
Governing Board approval of Board Order included as an Exhibit to this item, establishing
those portions of Pasco, Hillsborough and Polk counties outside the Northern Tampa Bay
and Southern Water Use Caution Areas as a water resource caution area for purposes of
Chapter 62-40, F.A.C., and Chapter 403, F.S.
Presenter: Karen Lloyd, Assistant General Counsel
205
HERNANDO
SUMTER
LAKE
μ
1 inch equals 7 miles
PASCO
WATER RESOURCE CAUTION AREA
206
NORTHERN TAMPA BAY
POLK
HILLSBOROUGH
SOUTHERN WATER USE CAUTION AREA
IN RE:
DECLARATION OF WATER RESOURCE
CAUTION AREA IN PORTIONS OF PASCO,
HILLSBOROUGH AND POLK COUNTIES
_____________________________________
ORDER NO. ______________
FINDINGS OF FACT
Subsection 373.0361(1), Florida Statutes (F.S.), requires the District to prepare a
water supply plan for a planning region when the District determines that within the
planning region existing sources of water are not adequate to supply water for all existing
and future reasonable-beneficial uses and to sustain the water resources and related
natural systems for the planning period.
Florida Department of Environmental Protection (DEP) rule 62-520(2), Florida
Administrative Code (F.A.C.), provides that when it is determined that a regional water
supply plan is needed for a water supply planning region, the region shall be designated
as a water resource caution area.
DEP rule 62-520(2), F.A.C., provides further that domestic wastewater treatment
facilities that are located within, or serve a population located within, or discharge within
water resource caution areas shall be subject to the reuse requirements of section
403.064, F.S.
Section 403.064, F.S., states that all applicants to DEP for permits to construct or
operate a domestic wastewater treatment facility located within, serving a population
located within, or discharging within a water resource caution area shall prepare a reuse
feasibility study as part of their application for the permit.
Pursuant to 373.0361(1), F.S., the District has determined that a regional water
supply plan must be prepared for a ten-county planning region, including all of Pasco,
Hillsborough, Pinellas, Polk, Highlands, Hardee, DeSoto, Manatee, Sarasota and
Charlotte counties within the District. This determination was made by the District
because existing sources of water are not adequate to supply water for all existing and
future reasonable-beneficial uses and to sustain the water resources and related natural
systems for the planning period
Most, but not all, of this 10-county planning region is encompassed by the
Southern Water Use Caution Area (SWUCA) and the Northern Tampa Bay Water Use
207
Caution Area (NTBWUCA), which are already designated as water resource caution
areas.
Portions of Pasco, Hillsborough and Polk counties are outside the Northern
Tampa Bay and Southern Water Use Caution Areas.
CONCLUSIONS OF LAW
The Governing Board must establish as a water resource caution area those
portions of Pasco, Hillsborough and Polk counties encompassed by the District's regional
water supply plan that are located outside the water resource caution areas established for
the Northern Tampa Bay and Southern Water Use Caution Areas.
The designation of these areas does not require any changes in the District's
programs or rules.
ORDERED
Those portions of Pasco, Hillsborough and Polk counties described in Exhibit A
attached hereto are hereby declared a water resource caution area pursuant to DEP rule
62-520(2), F.A.C.
Done and ordered this 28th day of March 2006 in Brooksville, Hernando County, Florida.
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
By:__________________________
Heidi McCree, Chair
Attest:_________________________
Patsy Symons, Secretary
(SEAL)
Filed this ______ day of
_________________ 2006.
_____________________________
Deputy Agency Clerk
208
Exhibit A
To Order Designating Water Resource Caution Area for Portions of Pasco,
Hillsborough and Polk Counties
The boundary for the Water Resource Caution Area is as follows:
That portion of Hillsborough County within the following sections:
Township 27 S, Range 21 E, All Sections;
Township 27 S, Range 22 E, All Sections; and
That portion of Pasco County within the following sections:
Township 23 S, Range 21 E, Sections 19-36;
Township 26 S, Range 22 E, Sections 4-9, 16-21, 28-33;
Township 26 S, Range 21 E, All Sections; and
That portion of Polk County within the following sections:
Township 25 S, Range 23 E, All whole or partial Sections South of Withlacoochee River;
Township 26 S, Range 22 E, Sections 1-3, 10-15, 22-27 and 34-36;
Township 26 S, Range 25 E, All whole or partial Sections North of Interstate 4;
Township 26 S, Range 27 E, All Sections.
Township 27 S, Range 26 E, All whole or partial Sections North of State Highway 92/17;
Township 27 S, Range 27 E, All whole or partial Sections North of State Highway 92/17.
209
210
March 28-29, 2006
Consent Agenda
52. Acquisition and Ownership Agreement between the Southwest Florida Water
Management District and the Trustees of the Internal Improvement Trust Fund
(State of Florida) – Green Swamp Wilderness Preserve, SWF Parcel No. 10-200-1145
Over the past several months, Land Resources staff has been negotiating with the owners
of an approximately 5,000-acre parcel within the Green Swamp Wilderness Preserve.
Throughout these negotiations, staff has assembled a partnership of contributors towards
the purchase of the parcel with the State of Florida (via the Florida Department of
Environmental Protection’s Division of State Lands) and Polk County. Staff are currently
in the final stages of negotiations and intend to present the purchase and sale agreement
for this parcel to the Governing Board at its April meeting. Because of potential multiple
funding sources associated with this pending acquisition, it is necessary to initiate the
State’s funding partnership agreement and process in advance of the presentation of the
purchase and sale agreement.
The process involved with partnering with the State includes entering into an Acquisition
and Ownership Agreement with the State of Florida. The agreement is then presented to
the Governor and Cabinet for consideration. In general, this agreement allows the State to
accept the acquisition procedures of the District and outlines the ownership and interests
held by all parties. Staff recommends that the Board authorize staff to execute this
agreement in advance of presenting the purchase sale agreement. Should the Board
approve staff’s recommendation, it does not, in any way, imply acceptance of the
purchase and sale agreement that is anticipated to be presented to the Governing Board
at its April meeting.
Authorize the Land Resources Director to execute an Acquisition and Ownership
Agreement with the State of Florida for an approximately 5,000-acre parcel within the
Green Swamp Wilderness Preserve.
Presenter: Fritz H. Musselmann, Director, Land Resources Department
211
212
March 28-29, 2006
Discussion Agenda
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.
54. Southern Water Use Caution Area Recovery Strategy ............... (2 hours) .................... 3
55. District Funding of the Development of Brackish
Groundwater Supply Projects from the Intermediate
and Upper Floridan Aquifers ....................................................(30 minutes) ............... 7
56. Water Supply Planning for Charlotte, DeSoto,
Manatee and Sarasota Counties...............................................(30 minutes) ............. 15
57. Water Supply Planning for Hardee, Highlands and
Polk Counties ............................................................................(30 minutes) ............. 17
58. Interdistrict Transfer Agreement Among South
Florida Water Management District, Southwest
Florida Water Management District, Tohopekaliga
Water Authority and Polk County ..............................................(15 minutes) ............. 19
59. Fiscal Year 2007 Cooperative Funding Projects
Eligible for Water Protection and Sustainability
Program Funding ......................................................................(10 minutes) ............. 29
60. Expansion of the Facilitating Agricultural Resource
Management Systems (FARMS) Program and
Initiation of the Mini-FARMS Program.......................................(15 minutes) ............. 31
61. Legislative Update ....................................................................(15 minutes) ............. 33
62. Overview of the Strategic Plan Update Process ......................(15 minutes) ............. 41
63. Fiscal Year 2005 Comprehensive Annual Financial
Report Presentation .................................................................(15 minutes) ............. 43
64. Market Forces Status Report ...................................................(30 minutes) ............. 45
2
March 28-29, 2006
Discussion Agenda
54. Southern Water Use Caution Area Recovery Strategy
This meeting represents a major milestone in completing the Southern Water Use Caution
Area (SWUCA) Recovery Strategy and associated rule revisions. The Board will be asked
to accept the revised Recovery Strategy document and approve the revised rules for
publication and notice in the Florida Administrative Weekly (FAW), and continue the public
hearing to the April Board meeting. This notice triggers a timetable for parties to request a
hearing to further address any issues they would like changed. The continuation of the
public hearing provides the Board the additional time to make changes and allows third
parties an opportunity to address those changes.
The Governing Board has received extensive input through-out this several-year process
from numerous stakeholders in the SWUCA and has incorporated provisions in both the
regulatory and non-regulatory components of the Recovery Strategy to address identified
concerns. The District's advisory committees and SWUCA Work Group, comprised of
representatives from these numerous stakeholders, provided invaluable input throughout
this process. The Recovery Strategy goals include:
(1) Restore minimum levels to priority lakes in the Lake Wales Ridge by 2025;
(2) Restore minimum flows to the upper Peace River by 2025;
(3) Reduce the rate of saltwater intrusion in coastal Hillsborough, Manatee and Sarasota
counties by achieving the proposed minimum aquifer levels for saltwater intrusion by
2025; once achieved, future efforts should seek further reductions in the rate of
saltwater intrusion and the ultimate stabilization of the saltwater-freshwater interface;
and,
(4) Ensure that there are sufficient water supplies for all existing and projected
reasonable-beneficial uses.
The comprehensive approach to achieve these goals includes strategic revisions to
District rules, water resource and water supply development activities, water resource
restoration projects, long-term water supply planning, significant financial assistance, and
comprehensive monitoring and reporting. Early in the process the Board established a
series of principles that have guided development of the Recovery Strategy and
associated rule revisions, including:

Contribute significantly to resource management and recovery;

Protect investments of existing water use permit holders; and,

Allow for economic expansion and new economic activities.
As the Strategy was developed over time, other principles became evident that have also
guided the process, including:
3

Ensure that the strategy was based on the best available science, and that the science
would be extensively peer reviewed;

Attempt to minimize the need for rule revisions;

Provide financial and regulatory incentives to maximize the benefits of public and private
partnerships;

Ensure the Recovery Strategy is expeditiously implemented in a timeframe that is
practical; and,

Seek consistency with recovery strategies developed elsewhere in the state. The
Recovery Strategy has been designed to meet each of these guiding principles.
The comprehensive resource management approach presented in the SWUCA Recovery
Strategy and associated rule revisions has been built upon this Governing Board policy
guidance. Included as an exhibit to this item are the following:

Revised Recovery Strategy document;

Comprehensive Economic Analysis of the SWUCA Recovery Strategy; and

Additional rule language inadvertently omitted from the February 26, 2006 draft that
addresses the "redirection" of reclaimed water as discussed in a previous Board
meeting.
The updated rules dated February 26, 2006 were provided to the Board under separate
correspondence dated March 3, 2006.
The staff presentation will include a summary of the Comprehensive Economic Analysis, a
discussion of the issues that were raised by Board members at the February meeting,
answers to key questions that have arisen as the rules and Strategy have been finalized,
and a review of the rule making process.
See Exhibits
Governing Board acceptance of the SWUCA Recovery Strategy document and
authorization to publish the proposed rule revisions in the FAW and to continue the public
hearing on the published rules to the April 2006 Board meeting. Acceptance of the
Recovery Strategy document does not constitute agency action, but rather simply brings to
conclusion the development of the overall Strategy. Authorization to publish the rules
initiates the more formal rule making process that provides for additional input by
interested parties and future opportunities for the Board to amend the proposed rules if
deemed appropriate.
Presenters:
Gene Heath, Assistant Executive Director
Richard S. Owen, Planning Director
Dr. Grace Johns, Project Manager, Hazen and Sawyer
4
Exhibit XX
Southern Water Use Caution Area
To the Draft SWUCA Rules, dated 02/26/06, in the Water Use Permit Information
Manual, Basis of Review, Section 4.3 Minimum Flows and Levels, B.
Withdrawals in the SWUCA That Affect Minimum Flows and Levels Water
Bodies, 4. Net Benefit, on page B4-20, add the following provision:
(7)
Reclaimed water suppliers shall not be eligible for a Ground
Water Replacement Credit when they redirect reclaimed water from
existing reclaimed water users to other reclaimed water users and such
redirection causes an existing reclaimed water user to reinstate permitted
standby ground-water withdrawals, unless the reclaimed water provider
can demonstrate that the cumulative effect of such redirection will be a
greater reduction in ground water withdrawals and will contribute more to
recovery of MFL waterbodies in the SWUCA than would otherwise occur
absent of the redirection.
5
6
March 28-29, 2006
Discussion Agenda
55. District Funding of the Development of Brackish Ground-Water Supply Projects
from the Intermediate and Upper Floridan Aquifers
The purpose of this item is to recommend the Governing Board reaffirm its long-standing
policy of funding only the feasibility elements of brackish ground-water projects from our
principal aquifers, the Intermediate and Upper Floridan aquifers. This item was presented
to the Resource Management and Development (RMD) Committee at its meeting on
January 24, 2006, at which time the committee recommended that it be presented and
considered by the full Governing Board. Brackish ground water is defined as ground water
having a total dissolved solids concentration that exceeds drinking water standards but is
less than seawater.
As part of a management strategy to lessen resource impacts and provide for the water
supply needs of the region, the District promotes and encourages the development of
alternative water supplies. One of the principal means of demonstrating this support is by
providing cooperative funding assistance to local governments that propose to develop
alternative water supply sources. Funding has been provided for conservation, reclaimed
water, seawater desalination, offstream surface-water storage, aquifer storage and
recovery (ASR) of both surface waters and reclaimed water, stormwater capture and
tailwater recovery. All of this funding is intended to lessen competition from our stressed
and limited ground-water resources. This position was a critical component of the
Partnership Agreement between the District and Tampa Bay Water, which precludes
District funding for ground-water supply projects, whether the source is fresh or brackish.
Over the past decade, the District has received requests from local governments to
cooperatively fund the development of projects that would desalinate brackish ground
water obtained from the Intermediate and Upper Floridan aquifers. Currently, three such
requests are pending, Oldsmar, Venice and Manatee County. To date, the District has
only provided cooperative funding for the feasibility elements of brackish ground-water
supply projects. Feasibility includes design and construction of test and monitor wells,
aquifer performance testing, data collection and analysis. The benefit to the District in
participating in the feasibility elements is in gaining a more complete and detailed
understanding of local aquifer conditions. The District has not funded the construction of
supply wells, treatment, storage, or transmission facilities for brackish ground-water supply
projects. Historically, the Governing and Basin Boards have elected not to fund the
construction elements of these projects primarily because they result in additional
competition for limited ground-water resources. It is common for such projects to remove
1.5 gallons of water from the aquifer to produce a single gallon of drinking water. It is also
common that developers of brackish ground water have availability to regional alternative
supplies but elect not to pursue them because they can develop local brackish ground
water supplies cheaper. Staff has historically recommended providing alternative funding
for projects that may not otherwise be built (e.g., reclaimed water projects rarely break
even) or that are regionally significant alternative supplies, not for projects that would
otherwise be built for cost savings purposes.
7
The emphasis on alternative water supply development was recently highlighted through
the passage of Senate Bill 444 following the 2005 legislative session. In that legislation,
brackish surface water and ground water was included in the definition of alternative water
supplies, qualifying it for state funding through the Water Protection and Sustainability
Trust Fund. However, that same legislation clearly states that projects will be selected for
financial assistance at the sole discretion of the Governing Boards of the Water
Management Districts. This legislative intent and direction is consistent with the District's
cooperative funding goals and guidelines that provide funding for the development of
alternative water supply projects that will not negatively impact water resources and may
not otherwise be built. Further, a policy of not utilizing these funds simply to lower water
rates, which is the net effect of providing funding for projects that are being built for
primarily cost saving purposes, is also consistent with the legislative intent.
As requested by the RMD Committee when this issue was presented in January, staff has
discussed with both the St. Johns River and South Florida Water Management Districts
how they approach the funding of brackish ground-water supply projects. The approach of
the South Florida Water Management District is consistent with that of the District in that
projects that obtain water from the principal fresh-water aquifer; the Upper Floridan aquifer
in the case of the District and the Biscayne aquifer in the case of the South Florida Water
Management District, are not funded. The St. John's River Water Management District
provides funding for brackish ground-water supply projects that obtain water from their
principal fresh-water aquifer, the Upper Floridan aquifer, only when the project does not
cause unacceptable impacts to stressed aquifers or the overlying natural systems.
See Exhibits
That the Governing Board reaffirm its long-standing policy of funding only the feasibility
elements of brackish ground-water projects from our principal aquifers, the Intermediate
and Upper Floridan aquifers.
Presenter:
Gregg W. Jones, P.G., Director
Resource Conservation and Development Department
8
SWFWMD DRAFT
March 8, 2006
MEMORANDUM
TO:
THROUGH:
Bruce C. Wirth, Deputy Executive Director,
FROM:
Gregg W. Jones, Director, Resource Conservation & Development Department
Mark D. Barcelo, Manager, Hydrologic Evaluation Section
SUBJECT:
Summary of the SWFWMD's Position on the Funding of Brackish Ground-water
Production Facilities
The District has consistently followed its long-standing position of not providing cooperative funding
assistance for only the feasibility elements of brackish ground-water supply projects from its principal
aquifers, the intermediate and Upper Floridan aquifers. This position has been revisited and
approved by the District’s Governing Board and applicable Basin Boards on numerous occasions.
The reasoning behind this position is outlined in the text of this memorandum. This memorandum will
serve as the basis of District’s communication to local governments in regard to funding assistance for
brackish ground-water projects. Because it is anticipated that the District will continue to receive
requests for cooperative funding for brackish ground-water projects, this memorandum will help new
and future board members develop an understanding of the issues and rationale behind the District's
position.
Background
Since the early 1980s, the District has actively engaged in promoting and funding the development of
alternative water supplies and conservation to replace the region’s reliance on fresh ground-water
withdrawals. The emphasis on alternative water supply development was more recently highlighted
through the passage of Senate Bill 444 during the 2005 legislative session. In that legislation,
brackish surface and ground water was included in the definition of alternative water supplies,
qualifying it for potential funding from the Water Protection and Sustainability Trust Fund. However,
that same legislation clearly indicates that the final determination of which projects will be selected for
financial assistance is up to the Governing Boards of the Water Management District's. This legislative
intent and direction is consistent with the District's cooperative funding goals and guidelines that
provide funding for the development of alternative water supply projects that will not, impact the
environment. To date the District has only provided cooperative funding for the feasibility element of
brackish ground-water development. Feasibility includes design and construction of test and monitor
wells, aquifer performance testing, and data collection and analysis. The benefit to the District in
participating in the feasibility element, is in gaining a more complete and detailed understanding of the
local aquifer. The District has not funded the construction of supply wells, treatment, storage, or
transmission facilities.
Overview of Brackish Ground Water
Brackish ground water is defined as ground water having a total dissolved solids (TDS) concentration
that exceeds drinking water standards (TDS greater than 500 mg/l) but is less than seawater (TDS
1
9
SWFWMD DRAFT
March 8, 2006
equal to or greater than 35,000 mg/l). In the coastal portions of the Upper Floridan and intermediate
aquifers, brackish ground water is found in the transition zone (Figure 1) where freshwater from the
recharge areas mixes with seawater from the Gulf of Mexico. In inland areas, brackish ground water
can be found in the Lower Floridan aquifer.
There are currently 12 brackish ground-water well fields in the District that are permitted to pump in
excess of 100,000 gallons per day. All of these well fields derive their supply from the Upper Floridan
aquifer or lower portion of the intermediate aquifer system and occur in coastal portions of Northern
Tampa Bay (NTB) area and the Southern Water Use Caution Area (SWUCA). Figure 2 shows the
zone of brackish ground water in coastal portions of the Upper Floridan aquifer in both the NTB area
and SWUCA. In the NTB area, impacts of withdrawals from the Upper Floridan have largely been the
lowering of lakes and wetlands and have not included regional saltwater intrusion, although localized
saltwater intrusion has been documented in the Old Tampa Bay area and coastal Pasco County. For
this reason it is possible that brackish ground water withdrawals can be permitted at some locations in
the area with limited environmental impacts. In the SWUCA, ground-water withdrawals have caused
the regional lowering of Upper Floridan aquifer water levels and resulted in regional saltwater
intrusion. Additional withdrawals of brackish ground water from the Upper Floridan aquifer in the
SWUCA would exacerbate the regional saltwater intrusion that is occurring in the area.
It is recognized that it may be possible to develop water from the Lower Floridan aquifer and not
cause any adverse impact to the Upper Floridan aquifer. In the SWUCA, requests for new withdrawals
from this source will be evaluated to determine the effects of proposed withdrawals on Upper Floridan
aquifer water levels.
Funding of Brackish Ground-Water Projects
As stated above, the District's has not funded brackish ground-water production facilities. The
following describes the rationale behind that position.
The District has been asked why it does not support funding brackish ground-water development even
though the District may issue a WUP for the withdrawal.
The best way to respond is to look at the District’s regulatory approach to permitting "traditional"
ground-water withdrawals in both NTB and and finite resources of Intermediate aquifer. Each of these
areas is in recovery due to over pumping the Upper Floridan aquifer, yet the District continues to issue
new WUPs, as long as the conditions of issuance are met. The policy behind this is that at a
minimum, the new withdrawal will not cause additional impacts to the resource. The development of
brackish ground water in either the Upper Floridan or from zones in the Lower Floridan or
intermediate aquifers that affect the Upper Floridan are, in effect, the same as withdrawals of potable
water from the Upper Floridan, i.e.; there is no improvement to the Upper Floridan and therefore no
net benefit to the resource. In fact, brackish ground-water projects that are being reviewed by the
District for a WUP are being closely evaluated to determine what the ultimate effect on the Upper
Floridan aquifer will be. Because of the natural variability in aquifer parameters and factors that are
unknown or unavailable during the evaluation process, it is possible that individual withdrawals could
result in harm to the resource or other users. Monitoring requirements placed on WUPs, as well as
the District's background monitoring networks, provide necessary information to determine if this is
occurring. Because brackish ground-water withdrawals are generally located in the
2
10
SWFWMD DRAFT
March 8, 2006
freshwater/saltwater transition zone, it is expected that some amount of water quality degradation will
occur as a result of the withdrawal(s). The rate and amount of degradation depends on the
magnitude of the withdrawal. For these reasons, the District does not provide funding for these
projects because not only do they not benefit the stressed resource but, it is possible that the
withdrawal(s) would need to be modified or abandoned due to resource impacts that may only be
realized upon full operation.
Over the past several years, the District has aggressively sought to reduce ground-water withdrawals
in the NTB area and SWUCA to achieve recovery and meet adopted and proposed minimum flows
and levels (MFLs). Because of this, the District will not fund the development of brackish or fresh
ground-water from the Upper Floridan or Intermediate aquifer in these areas. The District's position of
not funding brackish and fresh ground-water projects is memorialized in the Northern Tampa Bay New
Water Supply and Ground Water Withdrawal Reduction Agreement (Agreement) Exhibit D (see
attachment A, Funding Criteria and Limitations) between the District and Tampa Bay Water (TBW)
and its member governments. As part of the Agreement, the District agreed to fund the development
of alternative water sources that could be used to reduce Tampa Bay Water's reliance on ground
water.
When will the District Provide Funding?
The District will consider funding brackish ground water projects that are part of a regional water
supply strategy, do not utilize the intermediate and/or Upper Floridan aquifers, and do not impact MFL
water bodies. In addition to the intermediate and Upper Floridan aquifers, usable brackish ground
water is found in the Lower Floridan aquifer in eastern and northern portions of the District. In areas
where this source can be developed without affecting Upper Floridan aquifer levels, it is possible
brackish ground water projects could receive funding from the District.
3
11
SWFWMD DRAFT
March 8, 2006
Brackish
Withdrawal
Fresh
Withdrawal
Few to Several Miles
Figure 1. Generalized cross section showing the location of
brackish ground water the Upper Floridan aquifer
4
Figure 2. Location of brackish ground water coastal areas of the
Upper Floridan aquifer
12
2007 Cooperative Funding Projects
Activity Project Name
L603
Manatee County
Brackish Groundwater
Wellfield Investigation
L622
City of Venice
Wellfield Development
L740
Oldsmar Water Supply
– Phase 4
Cooperator
Project Description
Manatee County
The request is for hydrogeologic exploration to
assess the feasibility of developing brackish
ground water in the northwest Manatee County
area.
City of Venice
This project consists of constructing an
intermediate aquifer, brackish water wellfield for
the City of Venice, improving the City's existing
RO treatment plant, and constructing an
interconnect between the City and Authority's
Regional Integrated Loop system.
City of Oldsmar
This project will withdraw up to 4.3 mgd of
brackish water from the Floridan aquifer to supply
2 mgd of potable water. Total cost is about $16
million.
13
March 28-29, 2006
Discussion Agenda
56. Water Supply Planning for Charlotte, DeSoto, Manatee and Sarasota Counties
This item provides an overview of water supply planning activities and issues in the fourcounty area of Charlotte, DeSoto, Manatee and Sarasota counties. Staff is also
requesting Governing Board guidance on Cooperative Funding projects for FY 2007.
In 2001, a voluntary planning body known as the Water Planning Alliance (WPA) was
formed to develop a foundation for the regionalization of water supplies in the Peace
River/Manasota Regional Water Supply Authority's (Authority) service area. The WPA
was comprised of Manatee, Sarasota, Charlotte and DeSoto counties, the cities of
Arcadia, Bradenton, North Port, Palmetto, Punta Gorda, Sarasota, Venice, the Town of
Longboat Key and the Englewood Water District. In FY2003, the Governing Board, Peace
River and Manasota Basin Boards and the Peace River/Manasota Regional Water Supply
Authority (Authority) cooperatively funded the WPA’s Regional System Planning &
Engineering Study (Study). The objectives of the Study were to quantify the water supply
needs of member governments, identify alternative water sources and demonstrate the
feasibility of implementing projects that would utilize those sources to meet potable watersupply demands. Preparation of the Study would assist the WPA members in fulfilling
their mission statement which read as follows, "The mission of the Water Planning Alliance
will be to plan for water resource allocation, new water supplies and alternative water
supplies, and to facilitate collaboration and resolve conflicts among members and other
stakeholders." The Study concluded that adequate water sources existed to meet
projected demands out to the year 2023 and demonstrated the feasibility of water supply
projects that can be developed to meet the projected demands.
Throughout the course of the Study, the Authority acted as the administrative agency for
the WPA. At the conclusion of the Study, members of the WPA agreed to forward the
completed work to the Authority for them to incorporate into their Regional Master Plan.
The Master Plan will include detailed evaluations of the most feasible projects identified by
the WPA, re-evaluation of some projects and evaluation of new water supply concepts that
were recommended by WPA members or that were identified after completion of the
Study. The Authority's Regional Master Plan will be completed by the end of 2006. One
of the projects the WPA Study identified was a project to create a Regional Integrated
Loop System transmission main. The Loop System would interconnect the water supply
systems of the major utilities in the area and Authority members. As described in the
Study, regional water supplies will incorporate water system interconnections and regional
interconnects to provide system reliability, emergency supply, use of currently permitted
but unused capacity, and the possibility of future rotational capacity. Because of the
importance of having a regionally interconnected water supply system, the District and
Authority agreed to cooperatively fund the Regional Loop System Feasibility Study
beginning in 2004. The feasibility study is anticipated to be completed by Summer 2006
and, will identify and select pipeline configurations and routes that will become the
backbone of the Authority’s regional potable water transmission system.
15
Though the Authority's planning efforts are still underway and a final selection of projects
is not yet available, several participants in the WPA, some of who are members of the
Authority, submitted requests to the District to cooperatively fund their potable water
supply projects in FY2007. Even though these projects may be considered good projects,
District staff is concerned that if funding is provided to local governments for their projects,
efforts by the Authority and WPA members to create a reliable regionally compatible
potable water supply system can be undermined. District staff believes it is necessary to
have a regional authority that is responsible for the coordination, development and
operation of water supplies in the region in order to optimally manage the resource.
Opportunities to build regional projects can be lost if the resource is developed at the local
scale by multiple entities. As we have seen in other areas, projects become more
technically and economically feasible when developed at the regional scale. Of particular
importance to some local governments has been the potential for them to receive state
funding through the Water Protection and Sustainability Legislation passed by the Florida
Senate in 2005. The Governing Board, however, in deciding how to allocate this money is
to give significant weight to several factors, including, whether the project will be
implemented by a multi-jurisdictional water supply entity or regional water supply authority.
Recognizing the need to preserve efforts to develop a reliable regional potable water
supply system for the area, District staff has developed the following recommended
conditions pertaining to eligibility for District alternative supply funding:
1. Local governments who are members of a Water Supply Authority (WSA) must work
through the WSA to meet their potable water supply needs. If a member government
proposes a potable water supply project, it must be submitted by the WSA in order to
be considered for District funding. Additionally, the WSA must retain some element of
ownership or control over the completed project.
2. Local governments who are located within the service area of a WSA but are not
members of the WSA must coordinate their water supply needs with the WSA.
Projects submitted by non-member governments will be considered for funding only if
they have worked with the WSA to ensure the project is compatible with the WSA's
regional plans. An affirmative written statement must be submitted by the WSA
recommending the District provide alternative supply funding.
For the FY2007 Cooperative Funding requests, a reserve fund has been created by the
District that will be used to fund the development of potable water supply projects
consistent with the above stated conditions. Local governments and other entities remain
eligible for cooperative funding, including funds from SB 444, for reclaimed water projects
and demand management initiatives.
Adopt the funding conditions included above into the District's Cooperative Funding Policy.
Presenter: Gregg W. Jones, Director, Resource Conservation & Development Department
16
March 28-29, 2006
Discussion Agenda
57. Water Supply Planning for Hardee, Highlands and Polk Counties
This item provides an overview of water supply planning activities and issues in the threecounty area of Hardee, Highlands and Polk counties.
In 2002, a voluntary planning body known as the Heartland Water Alliance (HWA) was
formed to assess future water supplies for inland counties in the Southern Water Use
Caution Area (SWUCA) of the District. Members of the HWA were Polk, Hardee,
Highlands and DeSoto counties, including areas of those counties that lie outside the
District. In fiscal year (FY) 2003, HWA members and the District agreed to cooperatively
fund the Heartland Alliance Water Supply Plan (WSP). The objective of this study was to
develop a consensus-based plan that identified future water demands and evaluated the
feasibility of water supply options to meet those demands for the HWA member
governments, as well as non-member local governments and other user groups in the
planning area. The end product was envisioned to be a WSP that addresses the water
demands of all major use groups, including public supply, mining, agriculture, industry,
power generation and recreation. This item will focus on the water supply planning
activities of Hardee, Highlands and Polk counties. Activities in DeSoto County will be
discussed as part of a separate but similar agenda item that addresses water supply
planning for Charlotte, DeSoto, Manatee and Sarasota Counties.
The WSP was developed in three phases. The first phase of the study assessed future
water demands in the area. The second phase focused on developing water supply
options to meet the projected water demands. Initially, a list of 318 traditional and
alternative water supply development strategies were identified. The list was reduced
based on cost, permitability and other considerations. The final short list of projects
consists of fourteen ground water, nine alternative sources (i.e., surface water capture,
interconnection of mined ponds and streams, and Aquifer Storage and Recovery) and 14
"other" projects. Projects listed as “other” primarily consisted of permit transfers
associated with land use transitions (primarily AG to PS), wastewater reuse and water
conservation. The third and final phase of the project further investigated and defined the
short-list of projects that were determined to be most feasible for the HWA and assembled
project development plans that include conceptual cost estimates and implementation
schedules for the proposed projects.
The assessments of projected water demands and available sources by both the HWA
and the District indicate that in the HWA area, there are sufficient sources to meet the
projected additional water demands. Though public supply is anticipated to increase by
about 31 million gallons per day (mgd), agricultural demands are projected to decrease by
about 44 mgd. The critical nature of water supply in the area is because most of the area
lies within the SWUCA. The ability to use ground water to meet future water demands is
limited due to observed impacts to lakes and baseflow to rivers, and saltwater intrusion in
coastal areas. Though groundwater withdrawals throughout the SWUCA are expected to
be reduced over the next 20 years, it is anticipated that some future water demands will be
met using ground water, especially in the inland counties of the HWA. This is possible if
17
groundwater withdrawals can be reduced in the coastal areas and alternative sources are
developed to satisfy water demands in those areas. Reductions in groundwater
withdrawals will facilitate recovery to minimum flows and levels.
Major water supply issues in the HWA include:
1. The availability of alternative water supplies in the area to meet future water demands
is limited and therefore, the careful use of ground water will be important to meet future
demands.
2. The use of ground water to meet future water demands will need to be consistent with
the District's SWUCA Recovery Strategy. Water use associated with the projected
changes in land use from agriculture will need to be closely monitored in order to
facilitate the transition of this use to other users.
3. Though considered local sources because they are within Polk and Highlands
Counties, ground water and surface water projects outside the District’s boundaries in
the South Florida Water Management District were identified as potential sources to
meet water demands within the District.
4. Because some areas of the region will develop much more quickly than others, the
quick development of alternative sources is important for the region to meet future
water demands.
District staff is currently reviewing a draft final report of the HWA report.
Presenter: Gregg W. Jones, Director, Resource Conservation & Development Department
18
March 28-29, 2006
Discussion Agenda
58. Interdistrict Transfer Agreement between South Florida Water Management District,
Southwest Florida Water Management District, Tohopekaliga Water Authority and
Polk County
Polk County needs additional water supply for its Northeast Regional Utility Service Area
("NERUSA") while its renewal application is pending. The application may not be ready
for action by this Governing Board until 2007. The Tohopekaliga Water Authority ("Toho"),
and Polk County have entered into an Interlocal Agreement that contemplates that Toho
will temporarily provide Polk County's Northeast Regional Utility Service Area ("NERUSA")
with potable water supply for up to five years. Toho's withdrawal facilities are located in
the South Florida Water Management District ("South Florida") and the County's NERUSA
is located within this District.
Toho applied to South Florida to modify its permit to allow an interdistrict transfer of up to
3.75 mgd to Polk County to be used within this District.
Paragraph 373.223(3), F.S. sets out an "interdistrict transfer" application process to be
followed when an applicant desires to withdraw water in one water management district
and use it in another. The application is filed with the water management district from
which the withdrawals are proposed to be made. Only a permit from that district, based on
its permitting criteria, is required for the interdistrict transfer. The comments of the district
within which the water will be used must be attached to the notice of proposed action. In
applying the public interest test, the permitting Governing Board must consider the future
water needs of the area of the withdrawal and the area of use. If both needs can be met,
and all other permitting criteria are met, the permit shall be issued. An additional notice of
proposed action is required. If requested, DEP reviews the intended action and issues a
final order.
The South Florida Governing Board approved Toho's request for an interdistrict transfer of
water to Polk County. However, the South Florida Board was concerned about granting
the interdistrict transfer approval because of the potential that when and if the water is
needed in the South Florida District it will be committed to use in the Southwest District.
The South Florida Board wants assurance from this Governing Board that the transfer will
be temporary. Therefore, the South Florida Governing Board approved the transfer,
subject to Toho, Polk County, Southwest and South Florida entering into an agreement
containing certain provisions that the South Florida Governing Board directed its staff to
include. A copy of a current draft of the agreement is attached.
There will be a conference call on Friday, March 17, 2006 among the parties to negotiate
changes to the draft agreement. This District's staff has identified a few changes that are
needed that should not be controversial with the other parties. Those will be reviewed with
the Board if all parties agree to them. There are two provisions, referred to as paragraphs
j. and k., specifically required by the South Florida Governing Board, that are of concern
and read as follows:
19
"j. The SWFWMD Governing Board affirmatively states a temporary shortfall in
Polk County water supply exists such that the County’s ability to supply water is in
jeopardy."
"k. The SWFWMD Governing Board and the County have identified the
>>>>>????? >>>> [sic] as a permittable supply source for meeting the County’s
existing and future demands independent of the TWA [Toho] interdistrict transfer."
As to paragraph j., it is difficult to assure that the shortfall in Polk County's water supply is
temporary without adequate additional sources actually having received a permit from this
District. Further, it is unclear what is meant by "the County's ability to supply water is in
jeopardy".
As to paragraph k., the County has just identified for the District supply sources for which it
hopes to obtain a water use permit. District staff is currently investigating those potential
sources to determine what assurances can be made about them.
Staff is working with Polk County and the South Florida Water Management District to
resolve these issues and hope to have a draft agreement finalized for the March 28, 2006
Governing Board meeting of SWFWMD.
Staff Recommendation
See Exhibit
To be presented at the Governing Board meeting.
Presenters:
Karen Lloyd, Assistant General Counsel
Brian Starford, Director, Bartow Regulation
Marti Moore, Senior Attorney
20
MULTI-PARTY AGREEMENT BETWEEN
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, POLK COUNTY
AND TOHOPEKALIGA WATER AUTHORITY CONCERNING A TEMPORARY
TRANSFER OF WATER FOR PUBLIC WATER SUPPLY PURPOSES
THIS MULTI-PARTY AGREEMENT is made and entered into by and
between the SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter
“SFWMD”), the SOUTHWEST FLORIDA MANAGEMENT DISTRICT (hereinafter
“SWFWMD”), POLK COUNTY (hereinafter “the County”), and TOHOPEKALIGA
WATER AUTHORITY (hereinafter “TWA”):
WITNESSETH:
WHEREAS, TWA and the County executed an Interlocal Agreement,
attached and incorporated as Exhibit A, relating to the provision of water
services on July 13, 2005; and
WHEREAS, numerous provisions contained within this Interlocal
Agreement are relevant to TWA’s interdistrict transfer consumptive use permit
and associated conditions at issue now; and
WHEREAS, the Interlocal Agreement contemplates, in relevant part, TWA
temporarily providing Polk County with potable water supply, referred to as
“reliability water service,” for the purpose of meeting existing short-term needs of
the County’s Northeast Regional Utility Service Area on a temporary basis,
subject to availability; and
WHEREAS, the Interlocal Agreement states the service term for TWA’s
provision of “reliability water service” shall be for a term of 5 years, ending upon a
90 day advance notice, with the potential for 2 additional terms of 2 years, upon
the parties mutual consent; and
WHEREAS, the Interlocal Agreement requires TWA and the County to be
solely responsible for securing permits as may be required to effectuate the
contemplated delivery of water and states the parties agree not to operate the
interconnection infrastructure until all permits or approvals have been obtained;
and
21
WHEREAS, the Interlocal Agreement states the County recognizes and
accepts the water service to be provided by TWA is interruptible and shall not be
relied upon as the primary source of water; and
WHEREAS, the Interlocal Agreement states that if TWA is not in
compliance with applicable regulations concerning potable water service, then
TWA has the right to discontinue service to the County; and
WHEREAS, on September 6, 2005 TWA filed an application with the
SFWMD to modify its existing consumptive use permit to include the temporary
transfer of up to an annual average of 3.75 million gallons per day (“MGD”) of
groundwater supplies to the County, within the SWFWMD, for a maximum
duration of 5 years, subject to availability; and
WHEREAS, TWA’s application proposed withdrawals of groundwater from
the Upper Floridan Aquifer from facilities located within Osceola County and the
SFWMD; and
WHEREAS, the SFWMD determined TWA’s proposed delivery of water
from Osceola County within the SFWMD to portions of Polk County within the
SWFWMD constituted an “interdistrict transfer and use” of groundwater within the
meaning of section 373.2295, Florida Statutes, and
WHEREAS, TWA’s application for this interdistrict transfer contemplated a
temporary transfer to address the existing, short-term needs within Polk County’s
Northeast Regional Utility Service Area while Polk County permits, designs; and
constructs additional facilities within the borders of SWFWMD to meet their
existing, interim, and future demands; and
WHEREAS, given the interdistrict transfer proposal, the SFWMD imposed
the public interest criteria stated in section 373.2295(4), F.S., to TWA’s
application;
WHEREAS, a copy of SFWMD staff’s Preliminary Intended Agency Action
and the SFWMD Governing Board’s Notice of Intended Agency Action is
attached and incorporated to this Agreement as composite Exhibit B and sets
forth the SFWMD’s analysis of issues associated with the TWA’s proposed
interdistrict transfer; and
WHEREAS, in summary, the SFWMD concluded the requirements for
issuance of a consumptive use permit were met and the public interest test for
interdistrict transfer of groundwater, as contained in section 373.2295(4), F.S.,
was satisfied, so long as specific conditions were satisfied and the proposed
interdistrict transfer be authorized only until January 11, 2011, or shorter,
depending upon conditions stated in the permit; and
22
WHEREAS, the SFWMD Governing Board sought specific assurances
especially from the SWFWMD Governing Board and Polk County, neither of
whom were parties to the TWA consumptive use permit application, regarding
numerous issues including the temporary nature of the proposed interdistrict
transfer and the potential risks associated with reliance upon the transferred
water supply; and
WHEREAS, to address the need for assurances regarding the County’s
development of a self-sufficient supply, the SFWMD Governing Board’s Notice of
Intended Agency action includes a permit condition requiring execution of this
multi-party agreement, containing specific terms and conditions, prior to any
transfer of water from TWA to Polk County; and
WHEREAS, additional permit conditions address termination of the
interdistrict transfer authorization in specified circumstances; and
WHEREAS, >>>> INCLUDE ANY CLAUSES ON POLK COUNTY’S
PENDING APPLICATION AND SW’S CONSENT AGREEMENTS WITH POLK
COUNTY???
NOW, THEREFORE, the SFWMD, the SWFWMD, the County, and TWA;
under the authorities of Section 373.083 and 373.2295(9), Chapter 163, Chapter
125, and Chapter 189, Florida Statutes; hereby agree as follows:
I.
Incorporation:
The above stated whereas clauses are hereby incorporated into this
Agreement.
II.
Relationship between the SFWMD Governing Board’s Notice of
Intended Agency Action and this Multi-Party Agreement:
In the event of inconsistency between this Multi-Party Agreement and
the SFWMD Governing Board’s Notice of Intended Agency Action, the
language and terms of the SFWMD Governing Board’s Notice of
Intended Agency Action shall control.
III.
Interdistrict Transfer Authorization Conditions:
All parties hereto agree the SFWMD’s authorization to transfer water
as contemplated in Exhibit A is conditional and is based upon
adherence to all of the following conditions:
a. All parties agree the authorization to conduct the interdistrict
transfer of water (3.75 MGD annual average) from TWA to the
County, as authorized by the SFWMD’s Notice of Intended Agency
23
b.
c.
d.
e.
f.
g.
h.
i.
j.
Action, Exhibit B, shall expire on January 11, 2011, or earlier as
described below.
All parties agree the interdistrict transfer of water shall be restricted
to deliveries within the Polk County Utility Northeast Regional Utility
Service Area.
All parties agree TWA shall not commence the subject interdistrict
transfer of water until this Agreement becomes effective, as stated
below.
The County agrees to strictly adhere to the implementation
schedule attached and incorporated as Exhibit C which details
specific milestones addressing permit, design, and construction of
water supply facilities within the SWFWMD. The purpose of this
implementation schedule is to assure the County will meet its
demands, independent of the TWA interdistrict transfer, on or
before January 11, 2011.
All parties agree the SFWMD may, at any time, cancel the TWA
interdistrict transfer authorization if, in the SFWMD’s opinion, the
County’s progress toward meeting its demands without benefit of
the interdistrict transfer is not sufficient to assure completion of the
necessary facilities by January 11, 2011. SFWMD’s decision in this
regard will be based upon the County’s strict adherence to the
schedule contained in Exhibit C.
All parties agree that in the event a SFWMD decision to cancel the
TWA interdistrict transfer authorization is challenged, the
interdistrict transfer of water from TWA to the County shall
immediately cease until such litigation is finalized.
The parties acknowledge and the County agrees any decision to
authorize construction that results in demands for water
>>>>above that allocated by the SWFWMD>>>>> are made at
the County’s sole risk >?>>>>>add the following ??>>> and will
be made in specific light of the temporary nature of the interdistrict
transfer; the fact the interdistrict transfer may be terminated; and,
that in such event, risks for enforcement action by the SWFWMD
and to the public health, safety, and welfare may exist.
The parties agree to hold the SFWMD harmless in decisions
regarding this permit and any uses associated with this interdistrict
transfer of water.
Polk County agrees that execution of this Agreement by SWFWMD
is not a waiver of any right or authority of SWFWMD regarding
water withdrawals by the County within the SWFWMD, including
permitting pursuant to, and enforcement of any agreements entered
into with the County, Chapter 373, F.S., and Chapter 40D, F.A.C.
The SWFWMD Governing Board affirmatively states a temporary
shortfall in Polk County water supply exists such that the County’s
ability to supply water is in jeopardy.
24
k. The SWFWMD Governing Board and the County have identified
the >>>>>????? >>>> as a permittable supply source for meeting
the County’s existing and future demands independent of the TWA
interdistrict transfer.
l. The SFWMD and SWFWMD agree that in the event the SFWMD
declares a water shortage the most protective restrictions of either
water management district will be implemented within the County’s
Northeast Regional Utility Service Area.
m. NOTE: Does the County have any information regarding financial
ability and commitment to perform the work necessary to timely
develop the supply sources? If so, it would be helpful to make a
statement to this effect or reference an attached County resolution
or other documentation on this point.
IV.
Miscellaneous Clauses:
a. Effective Date: This Multi-party Agreement shall take effect upon
the date of execution by the SFWMD’s Governing Board which
shall only occur after each of the other signatories has executed
this Agreement.
b. Entire Agreement: This Interagency Agreement constitutes the
entire agreement between the parties pertaining to the subject
matter hereof, and supercedes all prior and contemporaneous
agreements, understandings, negotiations and discussions of the
parties, whether oral or written, and there are no warranties,
representations or other agreements between the parties in
connection with the subject matter of this Interagency Agreement,
except as specifically set forth in this Agreement.
c. Binding Effect: This Interagency Agreement shall be binding upon
all parties and their respective successors and assigns, and shall
inure to the benefit of the parties and their respective successors
and assigns.
d. Controlling Laws: This Interagency Agreement shall be governed
by and construed in accordance with the laws of the State of
Florida.
e. Litigation Expenses: In the event an administrative or judicial
litigation is brought challenging any SFWMD decision(s) concerning
termination of TWA’s authority to provide water to the County
pursuant to the interdistrict transfer, SWFWMD agrees to reimburse
SFWMD for fifty percent of all costs and attorney fees incurred by
SFWMD. >>>>>>>?????INCLUDE???>>>>>>
25
f. Termination Clause: This Agreement shall terminate on January
11, 2011, or sooner depending upon whether or not a SFWMD
decision to terminate TWA’s authority to provide the interdistrict
transfer of water pursuant to paragraph III. F., above, and the terms
of the consumptive use permit is made and, if necessary, upheld in
litigation.
IN WITNESS WHEREOF, each party, or a lawful representative, has
executed this Multi-Party Agreement on the date set forth next to their signature
below.
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
Attest: _____________________
Secretary
By: ___________________________
Chairman
Date: _________________________
(Seal)
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
Attest:______________________
By:___________________________
Chairman
Secretary
Date: _________________________
(Seal)
26
________________________________
POLK COUNTY, BOARD OF COUNTY
COMMISSIONERS, FLORIDA
Attest: _____________________
Secretary
By: ___________________________
Chairman
Date: _________________________
(Seal)
________________________________
TOHO WATER AUTHORITY
Attest: _____________________
Secretary
By: ___________________________
Chairman
Date: _________________________
(Seal)
27
Exhibit A
Implementation Schedule for Polk County Utilities
DRAFT >>>>> DRAFT >>>>>>>>DRAFT>>>>>
Task
1. Identify additional water supply sources
2. Complete assessment of additional water
supply sources
3. Complete design of infrastructure necessary to
utilize additional water supply
4. PCU receives modified consumptive use permit
with SWFWMD fully addressing PCU’s water
supply needs independent of TWA
5. Complete
construction
of
infrastructure
necessary to utilize additional water supply
6. Terminate Interdistrict Transfer
28
Time
July 11, 2006
July 11, 2007
January 11, 2008
January 11, 2009
January 11, 2010
Prior to January 11,
2011
March 28-29, 2006
Discussion Agenda
59. Fiscal Year 2007 Cooperative Funding Projects Eligible for Water Protection and
Sustainability Program Funding
This item is to present for the Board's concurrence, the projects proposed in fiscal year
(FY) 2007, that are eligible to receive Water Protection and Sustainability Program
(WPSP) Trust Funds. The District has outlined the criteria for funding consideration under
Board Policy 130-4 and related Procedure 13-4. Procedure 13-4 contains a reference to
Chapter 373.1961(3)(f) and (g), containing funding criteria to be considered by the
Governing Boards of water management districts. Based on the criteria, each project on
the list in the exhibit has received a recommendation for funding, even if it is a low priority.
Projects not recommended for funding by staff are not on the list. Additional evaluation
and refinement of the list is required, and the list may therefore change. Staff will be
working with cooperators to fully evaluate each project’s consistency with board priorities,
and to determine the portions of the estimated project cost that are related to planning,
permitting and design, versus construction.
Included in the list of projects and costs are some large regional projects, such as the
Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project and the
Peace River Facility Expansion Project. Also included on the list are those projects for
which FY2007 funding is being sought as part of a multi-year cooperative effort, so that
some District or WPSP funds may have been applied in previous years. It is also important
to note that the costs include all project elements, including planning, design, permitting
and construction.
In the 2005 legislative session, the District was allocated $25 million dollars from the
WPSP Trust Fund. A project list and funding allocation was approved by the Board in
August 2005, and included 23 water supply projects. The 2005 legislation indicated that a
target amount of $15 million would be allocated in subsequent years, with a potential
program span of ten years. Based on those assumptions, it is necessary to identify
potential projects and revenue in order to begin the development of the Governing and
Basin Boards’ FY2007 budgets. Pending board approval of this tentative list of projects,
staff will work accordingly with cooperators to finalize project budgets.
See Exhibit
Approve the list of FY2007 Cooperative Funding Initiative projects eligible for Water
Protection and Sustainability Program funding.
Presenter:
Gregg W. Jones, P.G., Director
Resource Conservation & Development Department
29
Fiscal Year 2007 Cooperative Funding Projects Eligible for Water Protection and
Sustainability Program Funding
Table 1 – Projects recommended for funding in FY2007
Project
#
F032
F033
H049
H050
H051
H052
H053
H054
H055
H056
H300
K269
L169
L215
L254
L294
L468
L608
L630
L637
L650
L651
L652
L676
L684
L685
L695
L697
L705
L711
L725
L728
L729
L759
L760
L763
L766
L768
L781
L786
Description
Peace River Expansion
Peace River Regional Reservoir Expansion
PR/MRWSA Regional Resource Development
PR/MRWSA Regional Integrated Loop System – Phase 2 Interconnect
Tampa Bay Water – NW Hillsborough Wellfield Improvements
Tampa Bay Water - South-Central Hillsborough Infrastructure Improvements
Pasco County State Rd. 52 East-West Regional Reclaimed Water Interconnect
Pasco County Wet-weather RW Reservoir - Boyette
Tampa Bay Regional Reclaimed Water and Downstream Augmentation project
North Sarasota County RW ASR
City of Brooksville South Brooksville Reuse System
Charlotte County - Rotunda ASR Well Conversion for Reuse Water
Clearwater Morningside Area Reclaimed Water Transmission & Distribution
Hillsborough Lithia Pinecrest Reclaimed Water Transmission Main
City of Inverness Reclaimed Water Transmission Main
Palmetto Reclaimed Water ASR
North Port Reuse Interconnect - Panacea WWTF
Charlotte County Burnt Store Reuse Storage, Pumping & Transmission
Marion County Oak Run Reclaimed Water Project
Marion County Summerglen Reclaimed Water Project
Englewood Reuse Transmission - Stillwater
Polk County Reclaimed Water Storage, Northeast
Winter Haven Plant III New Reuse Service Extension
Winter Haven RW Treatment Plants II and III Interconnection
Clearwater Skycrest Reclaimed Water Project
Dunedin Reclaimed Water Transmission and Distribution Project
Pinellas County - Palm Harbor Area Reuse Transmission
Pinellas County North - Curlew RW Loop
Plant City - Sydney Road RW Main Extension
Pasco County Beacon Woods GC RW Storage Ponds
Pasco County Overpass Road RW Transmission Main
Hillsborough County Abby Grove RW Distribution Project
Hillsborough County Casey Lake Manors Reclaimed Water Project
Hillsborough County Bordeaux Village RW Distribution Project
Citrus County Meadowcrest Reclaimed Water Storage Project
Citrus County Brentwood Reclaimed Water Transmission Project
Levitt & Sons South Brooksville Reuse System Phase II
Sidney Cohen & Assoc. - On Top of the World RW System - Phase I
$1,355,000
$4,800,000
$2,200,000
$271,582
$1,885,000
$1,918,000
$1,714,000
$10,838,000
$2,283,852
$5,200,000
$4,573,500
$3,200,000
$1,900,000
$1,592,000
$196,000
$246,000
$554,000
$1,725,000
$4,971,000
$1,431,000
$3,050,000
Total
* Includes planning, design, permitting and construction.
30
Total Estimated
Cost*
$49,000,000
$74,400,000
$36,500,000
$39,000,000
$110,000,000
$10,200,000
$8,050,000
$12,379,200
$18,600,000
$18,550,000
$213,000,000
$6,443,546
$4,560,150
$870,000
$4,500,000
$3,600,000
$2,010,000
$2,340,000
$7,790,000
$677,696,830
March 28-29, 2006
Discussion Agenda
60. Expansion of the Facilitating Agricultural Resource Management Systems Program and
Initiation of the Mini-FARMS Program
The purpose of this item is to provide a brief status update of the District's Facilitating
Agricultural Resource Management Systems (FARMS) Program and inform the
Committee of recent organizational changes within the Resource Management Division,
with focus on the FARMS Program, including details of the new Mini-FARMS Program.
FARMS is an agricultural Best Management Practice (BMP) cost-share reimbursement
program that involves both water quantity and water quality aspects. It is intended to
expedite the implementation of production-scale agricultural BMPs that will provide water
resource benefits in the areas of water quantity and water quality. The FARMS Program,
developed by the District and the Florida Department of Agriculture and Consumer
Services (FDACS) in December 2002, is a public/private partnership. Reimbursement
cost-share rates are dependent on both water quantity and water quality BMPs. Resource
benefits of the FARMS Program include reduced Floridan aquifer withdrawals, water
quality improvement and/or conservation, restoration, and augmentation of the area’s
water resources and ecology. A total of 24 FARMS projects have been approved by the
Board, including the Falkner Farms and Pacific Tomato Growers Surface Water Exchange
Projects, at an average reimbursement cost of approximately $225,000. The five
operational projects that have a significant period of performance monitoring demonstrate
a groundwater offset of approximately 3.2 mgd. Three of the operational projects are
located in the Shell, Prairie, and Joshua Creek (SPJC) watersheds where water quality
improvements have already been recognized. Once all 24 Board approved projects are
fully operational, it is expected that approximately 8.1 mgd of groundwater offset will occur.
On January 9, 2006, the Resource Conservation and Data Department was created. This
Department is composed of three Sections: the FARMS Section and two Resource
Monitoring Sections – the Water Quality Monitoring Program and the Regional
Observation Monitor Well Program. The new Department was created to enhance project
focus, improve coordination with Executive, better define managerial control, and
streamline administrative processes. The largest and most direct impact will be to provide
a greater emphasis on the implementation of FARMS projects, which directly benefits
Southern Water Use Caution Area (SWUCA) recovery goals. The District intends to
reduce agricultural water use in the (SWUCA) by 40 mgd over the next 20 years through
conservation measures that focus on FARMS projects. To achieve this goal, three
additional staff members will be reallocated to the FARMS Section to supplement the
existing four staff members.
The District/FDACS FARMS Program Operating Agreement was amended in October
2005. As a part of this amendment, the District and FDACS agreed to design and
implement a reimbursement program, following the general FARMS Program procedures,
to directly assist smaller growers (generally defined as having irrigated acreage of less
31
than 100 acres) on water resource projects that reduce water use. This new program,
called the Mini-FARMS Program, is in the final stages of development and will be
administered by FDACS, through contractual agreements with the local Soil and Water
Conservation Districts. The District has proposed to provide funding assistance to FDACS
in the amount of $75,000 per year in support of the Mini-FARMS Program, beginning in
FY2007. The cost share reimbursement rate will be capped at 85 percent of verified costs
for eligible items, up to a maximum amount of $8,000 per project. Items eligible for
District/FDACS funding include:
x Soil moisture probes
x Water table observation wells
x Culverts with riser board structures (no in-kind replacements)
x On-site water detention/retention (to reduce irrigation use)
x Pumps, controls, filtration, infrastructure (associated with surface water withdrawals)
x Weather stations (with documented irrigation savings)
x Conductivity measuring devices (in Shell, Prairie, and Joshua Creek area)
x Totalizing flow meters (if not required by permit)
The Mini-FARMS Program will require an application process that District staff will review,
along with FDACS and the applicable Soil and Water Conservation District. Mini-FARMS
will also require a contractual agreement between the cooperator and the Soil and Water
Conservation Districts. Potential Mini-FARMS Program cooperators will sign a "Notice of
Intent” form that will be submitted to FDACS staff to provide documentation that serves as
proof of the applicant's intent to implement BMPs in accordance with Florida Statute
403.067(7)(c)2.
This item is presented for the Board's information, and no action is required.
Presenter: Eric DeHaven, Director, Resource Conservation and Data Department
32
March 28-29, 2006
Discussion Agenda
The Legislative Session is now underway and several bills of interest to the District have
begun to move through the process. These include growth management, performancebased permitting, and changes to the structure of the Citrus Hernando Waterways
Restoration Council. Additionally, new bills regarding the review of developments of
regional impact and oversight of water management district budgets have been recently
filed. The following report outlines these legislative activities.
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. Various project partners have been
coordinating with the District to ensure member support for the projects and a meeting is
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:
Project Name
Charlotte Harbor and Myakka
River Watersheds Restoration
Facilitating Agricultural
Resource Management
Systems (FARMS)
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 DEP, 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. Staff has reviewed the project list and it has been approved by
33
Legislative Update (continued)
Page 2 of 8
the Governing Board Chair as discussed at the February Governing Board meeting. Staff
will present the approved list to the full board this month as required by the District's
legislative policy.
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:
x $2.5 million for fiscal year 2006-07 to further protect Florida's freshwater springs.
x $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.
x $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.
x $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.
x $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.
x 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.
x 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.
Bill Filed to Elect Water Management District Board
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 the 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. Senator Mike Fasano introduced a bill in the Senate. Both he and
Representative Brummer are withdrawing their bills, however staff is still monitoring other
bills for potential amendments during the legislative process.
34
Page 3 of 8
Committee Introduces Bill to Set Water Management District Tax Rates
The House Agriculture and Environment Appropriations Committee has introduced a bill
requiring the legislature to cap revenues derived form property taxes for Florida's water
management districts on an annual basis. While the bill does not effectively adopt milage
rates or approve district budgets, it would have essentially the same affect.
The bill also changes the district's fiscal year to align it with that of the state. However, the
water management districts are required to follow the local government TRIM law (Chapter
200, Florida Statutes) for the levy of ad valorem property taxes. This law prescribes the
method for determination of millage and levy of taxes, and stipulates the dates for the
adoption process based on the local government fiscal year of October 1 through
September 30. This change could prove difficult for the districts from a budgeting process
perspective. The committee will hear this bill on March 10.
Senator Carey Baker has filed companion legislation in the Senate.
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. The House version of this bill passed the House Environmental
Regulation Committee on March 8. The bill's next stop is the House Agriculture and
Environment Appropriations Committee. Two versions of the bill have been filed, however
neither bill is scheduled to be heard at this time.
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 DEP 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 is 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
35
Page 4 of 8
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 SB-496. The bills expand the membership of the Council from
twelve to fourteen by adding two additional waterfront property owners from certain
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. The House version of the bill passed its final committee on March
8. It can now be placed on the House Calendar and the Senate version of the bill is ready
for final floor passage in the Senate. It is likely this bill will pass the legislature in the next
few weeks.
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 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.
Peace Creek Bill
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 in cash and $2,000 in 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. The House version of the bill has
been filed and is being prepared for committee action.
Springs Protection Bill Passes House Environmental Regulation Committee
This bill creates the Florida Springs Protection Act. The Act requires the DEP, in
cooperation with the water management districts, to delineate springsheds and primary
protection areas for first and second magnitude springs. Classification as a first or second
magnitude is to be based upon the Florida Geological Survey Bulletin No. 66 - Springs of
Florida. A first magnitude spring is defined as a spring in which the discharge of water
exceeds 100 cubic feet per second. A second magnitude spring is one in which the
discharge falls between 10 and 100 cubic feet per second.
36
Page 5 of 8
Within three years of the passage of the Act, the DEP, in cooperation with the districts, is
to propose and adopt a statewide springshed delineation map, though it may be
preliminary and improved at a later date. Additionally, within two years of the date of the
Act, the DEP is to adopt criteria for determining whether a first or second magnitude spring
is impaired. The DEP is to also prepare a schedule for establishing and implementing
TMDLs for springs and the DEP is to prepare a list of such impaired, or likely to become
impaired, springs. After completion of the list, DEP is to establish TMDLs for those
springs. The DEP, or the DEP in conjunction with the appropriate water management
district, is then to develop a watershed or basin management plan.
In addition to these requirements, within one year of the DEP delineation of areas, local
governments must review their comp plans to ensure it protects the springsheds in their
jurisdiction. The DEP, DCA, and the water management districts are to provide guidance
to the local governments. These governments then have one year to adopt amendments
and measure to ensure that land use activities do not reduce groundwater recharge
capabilities and water quality.
The Act also specifies types of land uses that are not allowed in primary and secondary
springs protection areas. Local governments must reflect these in their comp plans and
local ordinances.
Federal Legislative Activities
Desalination Legislation Passes House Committee
H.R.1071 (Davis of Florida and Gibbons of Nevada) and S.1016 (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 be brought up on the Suspension Calendar.
The bill is now ready to be voted on by the full House of Representatives.
The House Parliamentarian last week granted the Energy & Commerce Committee a
limited 30-day sequential referral of H.R. 1071. The referral will expire on March 30. This
means that the Energy & Commerce Committee has until March 30 to amend the bill. If
the Committee does not take any action, the bill will be placed on the House Calendar and
will be eligible to be called up at any time. All indications are that the Energy & Commerce
Committee sought this referral not because they want to amend the legislation, but rather
to preserve the Committee's "turf". The Congressional schedule works to our advantage in
this situation, as the House will be in recess from March 17 until March 28.
Secondly, the Coalition is continuing to have discussions with Senator Domenici's staff on
the Energy & Natural Resources Committee about possible ways to combine Senator
Domenici's research bill with S.1016, the Martinez-Feinstein-Nelson bill. In the course of
those discussions a new approach to providing financial support for desalination projects
has been suggested that we believe merits further discussion by the Coalition.
The new concept is that the operation of desalination projects would receive financial
support based upon the amount of energy that a project conserves below an agreed upon
benchmark, rather than based upon the amount of water produced or the amount of
electricity used. Because energy consumption varies according to the salinity of the
source water, different benchmarks would be established for different salinity levels. The
idea would be that the Secretary of Energy would be authorized to provide energy
37
Page 6 of 8
consumption reduction grants to projects that can document, after 90 days of operation, a
reduction in energy consumption below the benchmark. Once selected, a project would be
eligible to receive the payments for 10 years as long as its energy consumption continued
to be below the benchmark.
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 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.
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Page 7 of 8
$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, S.1995,
would require all waste water facilities to conduct vulnerability assessments, develop sitesecurity 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 congressional 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 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.
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:
x $687.5 million for the Clean Water State Revolving Fund, a reduction of $212.5 million
from the FY06 level of $886.8 million;
x $841.5 million for the Drinking Water State Revolving Fund, a reduction of about $4
million;
39
Page 8 of 8
x $195 million for State Non-point Source Pollution grants (Clean Water Act Section 319),
which is about $10 million less than last year;
x $221.7 million for Water Pollution Control grants (Clean Water Act Section 106), which is
about $5 million less than FY06;
x $1.259 billion for the Superfund program, which would fund about 40 projects and is
about $28 million above the FY 2006 level;
x $89 million for the Brownfields revolving loan fund and grant projects, which is a small
increase from FY06;
x $49.5 million for state Brownfields program grants, which is also a small increase from
FY06;
x $185.2 million for State and Local Air Quality Management grants, which is about $150
million less than FY06.
x $72.7 million for the Leaking Underground Storage Tank Program, which is about $7
million less than FY06;
x Total funding for State and Tribal Assistance Grants (STAG) is proposed at $2.797
billion, which is about $416 million less than FY06.
x 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
Federal
Administrative Procedures
Budget Oversight
Deferred Compensation
Dock Permitting
Eminent Domain
Growth Management
Public Records
Sovereign Immunity
Springs Protection
Transportation Permitting
Water Well Contracting
Alternative Water Sources Development
Dam Rehabilitation
Drought Policy
FEMA Funding
Private Activity Bonds
Reuse Research and Development
USGS Stream Gauging
Water Resources Development Act
This item is presented for the Board’s information only, and no action is required
Presenter: David Rathke, Director, Community and Legislative Affairs Department
40
March 28-29, 2006
Discussion Agenda
62. Overview of the Strategic Plan Update Process
At the November 30, 2005 Board meeting, the District's 2006-2015 Strategic Plan was
approved. The purpose of this agenda item is to discuss with the Board the process for
updating the Strategic Plan.
The existing Strategic Plan identifies the following priorities:
x Meeting Present and Future Water Supply Needs, with three components, including
o Regional Water Supply Planning,
o Northern Tampa Bay Resource Recovery and Development, and
o Southern Water Use Caution Area;
x Establishment of Minimum Flows and Levels;
x Comprehensive Watershed Management;
x Flood Protection and Emergency Management;
x Resource Management Through Regulation;
x Land Stewardship; and
x Mission Support.
The existing Strategic Plan serves as a guide to staff in the development of the fiscal year
2007 budget, a process that is already well underway. Updating the Strategic Plan to
reflect changing conditions and priorities will be conducted over the coming year to provide
guidance in the FY 2008 budget development process. Staff will discuss the update
process and timeline and will solicit input to ensure the Governing Board is fully engaged
in the process.
This is presented for the Board’s Information only, and no action required.
Presenter: Richard S. Owen, Director, Planning Department
41
42
March 28-29, 2006
Discussion Agenda
63. Presentation of FY2005 Comprehensive Annual Financial Report
Purpose
Presentation of the District's FY2005 Comprehensive Annual Financial Report for
acceptance by the District’s financial auditors, KPMG.
Background
The District is required by section 218.39, Florida Statutes, to have an annual financial
audit of its accounts and records performed by an independent certified public accountant,
licensed in the State of Florida, and made in accordance with generally accepted auditing
standards, Florida Statutes, and rules of the Auditor General promulgated pursuant to
section 11.45.
The Comprehensive Annual Financial Report, including the Single Audit pursuant to OMB
Circular A-133 and Chapter 10.550, Rules of the Auditor General, and the Management
Letter for fiscal year ended September 30, 2005, will be distributed prior to the meeting.
KPMG representatives will attend the meeting to communicate to the Board certain
matters related to the conduct of the audit as required by auditing standards. A brief
presentation of the report and management letter will also be made by KPMG.
See Exhibit (to be provided prior to the meeting)
Accept and place on file the District's Comprehensive Annual Financial Report, including
the Single Audit pursuant to OMB Circular A-133 and Chapter 10.550, Rules of the Auditor
General, and the Management Letter for fiscal year ended September 30, 2005.
Presenters: Daryl F. Pokrana, Director, Finance Department
KPMG LLP Representatives
43
44
March 28-29, 2006
Discussion Agenda
64. Market Forces Status Report
Purpose
Staff will present the results of Mercer Human Resources Consulting's (Mercer)
comprehensive review of District compensation, benefit and related concerns, consistent
with Governing Board discussions at the January 10, 2006 Governing Board workshop
and the authorization of funds at the January 24, 2006 Governing Board meeting. Staff
will also present Mercer's recommendations for action the District can take to maintain its
position in the marketplace with respect to retaining and attracting world-class staff.
Background
The Governing Board at its January 10, 2006 workshop agreed with the Executive Director
and his staff to reevaluate options for ensuring the District retains and attracts a high
quality workforce at a time of increasing market pressures.
Staff subsequently gathered data to review of compensation practices at other similar
organizations with which the District competes for talented staff to determine ways the
District could enhance its current compensation package necessary to maintain
competitive market position. In addition, the Governing Board at its January 24, 2006
meeting approved the Executive Director to enter into a contract with Mercer, for a
comprehensive evaluation of the District's compensation practices. Using its databases
and specialized, knowledgeable consultant staff, Mercer has accomplished the following:
1. Performed a review of 83 District positions in the marketplace, focusing on missioncritical positions. This included incorporation of data collected by District staff about
the compensation practices of local comparators, as well as information from Mercer's
comprehensive compensation databases. As appropriate based upon the labor market
for positions identified, Mercer drew upon local, state, regional and national benchmark
data.
2. Reviewed the District's pay structure for mathematical soundness and best practices
and made recommendations for adjustments to this structure;
3. Reviewed geographic pay differentials to determine whether the District should
implement salary differentials for different service offices.
4. Performed a Benefits Valuation Review, an analysis designed to assess the level of
competitiveness of the District's benefits and made recommendations for any
enhancements to the current benefits structure.
5. Reviewed the District's current 457 Deferred Compensation plan and developed
recommendations for enhancements to this important retirement savings program.
6. Provided cost impact projections for their recommended changes, where possible.
Mercer remains available for additional follow-up and as-needed consulting services to
assist with fine-tuning and implementation efforts for any changes or enhancements
identified.
Benefit/Costs
The District now has a comprehensive review of the competitiveness of its compensation
and benefits package as a result of this review by Mercer. This will help to ensure we can
45
retain and attract the highest quality staff.
$100,000.
The cost of this review will be $90,000 -
Impact If Not Adopted
The District's total compensation package may not remain as attractive as other
organizations, resulting in a higher turnover rate and a competitive disadvantage in the
marketplace. This in turn would impair the District's ability to meet the challenges of its
growing water resource management mission.
See Exhibit
This item is presented for the Board’s information only, and no action is required.
Presenters:
Eugene A. Schiller, Deputy Executive Director, Management Services
Elaine M. Kuligofski, Human Resources & Risk Management Director
46
47
48
49
50
March 28-29, 2006
Chair's Agenda
65. 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.
66. March 1 Meeting of the Water Management Districts’ Governing Boards
On March 1, 2006, all governing boards of the Water Management Districts
met with Governor Bush and Secretary Castile of the Florida Department of
Environmental Protection to discuss current issues. An update of issues
discussed will be provided.
67. Board Policy 160-1, District Legal Services ............................................................... 3
68. Board Policy 160-5, General Counsel Reporting Authority ....................................... 5
69. Board Policy 160-8, Disclosure of Voting Conflicts of Interest ................................ 7
70. Events Attendance
71. Other Items
2
March 28-29, 2006
Chair Agenda
67. Board Policy 160-1, District Legal Services
The Governing Board met on January 10, 2006 in a workshop session at the District’s
Green Swamp West Field Office. During the workshop, Board members reviewed District
policies, and provided staff direction for proposed revisions.
Based on the input received at the workshop, staff has updated Board Policy 160-1,
District Legal Services. The majority of the changes to the policy reflect corrections to
scrivener errors. Other changes provide clarification regarding hiring outside counsel.
Chair's Recommendation:
See Exhibit
Approve the revisions to Board Policy 160-1, District Legal Services.
Presenters: William S. Bilenky, General Counsel
3
BOARD POLICY
TITLE:
SECTION/DEPT:
DISTRICT LEGAL SERVICES
OFFICE OF GENERAL COUNSEL
APPROVED BY:
HEIDI B. MCCREE, CHAIR
NUMBER:
EFFECTIVE DATE:
160-1
3/28/2006
PAGE:
SUPERSEDES:
1 OF 1
3/26/2003
STATEMENT OF POLICY:
Prior to lawsuits being filed on behalf of the Board or District, the Board shall be fully advised.
However, the Executive Director with the concurrence of General Counsel and the Board
Chairman or, in his the Chair’s absence the Vice Chairman, may cause a lawsuit to be filed, or
enforcement action initiated (other than those contemplated in Board Policy 160-6, Delegation
of Authority to Executive Director for Approval of Certain Consent Orders, and 160-7,
Delegation of Authority to Executive Director for Approval of Certain Consent Orders Involving
Water Use Permits) in advance of Board approval if he the Chair and the Executive Director
finds it necessary and in the best interest of the District. The General Counsel shall advise the
Board of such action and seek its concurrence no later than the next regularly scheduled
Governing Board meeting. Suits against the Board or the District shall be defended by the
Legal Department or referred to insurance counsel as appropriate without the necessity of
obtaining prior Board approval. The General Counsel shall advise the Board of such suits and
any appeals taken no later than the next regularly scheduled Governing Board meeting.
1. For the hiring of outside counsel in the defense of litigation against the District, to initiate
litigation on behalf of the District, or to provide a legal opinion, initiating litigation by the
District, the following procedure shall apply:
a. The General Counsel, in consultation with the Executive Director and the Board
Chairman, or, in his the Chair’s absence the Vice Chairman, may procure consultant
legal services necessary to adequately represent the Board and District.
b. Fee arrangements for consultant legal services shall be set forth in writing and shall be
procured in accordance with Board Policy 150-1, Purchasing Procurement.
c. In procuring consultant legal services Tthe General Counsel shall first ensure that the full
capabilities of the Legal Department are being utilized.
2. For the hiring of outside counsel to represent the Governing Board and assisting the
General Counsel in the development of policy or agreements that would commit the District
to long-term financial obligations or intergovernmental agreements, the following procedure
shall apply:
a. The General Counsel, in consultation with the Executive Director and the Board
Chairman, or, in his the Chair’s absence the Vice Chairman, shall bring a list of three
candidates for counsel to the Governing Board for discussion. The Board shall select
counsel to represent it and direct the General Counsel to contract with and oversee the
representation provided by such counsel.
b. Fee arrangements for consultant legal services shall be set forth in writing and shall be
procured in accordance with Board Policy 150-1, Purchasing Procurement.
c. The General Counsel shall first ensure that the full capabilities of the Legal Department
are being utilized.
AUTHORITY:
Sections 373.079 and 373.083, Florida Statutes
REFERENCE: Board Policy 150-1, Procurement
Board Policy 160-6, Delegation of Authority to Executive Director for Approval
of Certain Consent Orders
Board Policy 160-7, Delegation of Authority to Executive Director for Approval
of Certain Consent Orders Involving Water Use Permits
4
March 28-29, 2006
Chair Agenda
68. Governing Board Policy 160-5, General Counsel Reporting Authority
At the January 10, 2006 Governing Board Workshop, the Board asked for clarification of
certain portions of Policy 160-5. Specifically, the Board requested clarification of the terms
"functionally" and "administratively" as referenced in Paragraph C. – Organization,
regarding the General Counsel's reporting responsibilities. Staff has revised the policy by
including language to distinguish between the General Counsel and legal staff's functional
and administrative reporting responsibilities. Additional minor revisions have been made
to update the policy and make it consistent with changes to subsection 373.079(5), Florida
Statutes.
Chair’s Recommendation:
See Exhibit
Approve the revisions to Board Policy 160-5, General Counsel Reporting Authority.
Presenter:
William S. Bilenky, General Counsel
5
BOARD POLICY
TITLE:
SECTION/DEPT.:
GENERAL COUNSEL REPORTING AUTHORITY
OFFICE OF GENERAL COUNSEL
APPROVED BY:
NUMBER:
EFFECTIVE DATE:
160-5
3/28/2006
PAGE:
SUPERSEDES:
1 OF 1
4/29/2003
It is the express interest of the Governing Board of the Southwest Florida Water Management
District and Executive Director to promote responsibility and accountability over the operations
of the District. This policy describes the relationship between the Governing Board and the
District Office of General Counsel, which shall be considered an essential element in achieving
the goals and objectives of the District.
A.
Purpose
The purpose of the District Office of General Counsel is to assist the Governing Board, the
Executive Director and District staff management of the District in the effective discharge of
their responsibilities as they relate to the District's policies, procedures and representation
before other administrative agencies, the Legislature and the Courts of this State, and if
necessary, at the Federal level. It is the objective of the District Office of General Counsel
to provide the Governing Board, the Executive Director and District staff management of
the District with legal representation and advice for the carrying out of the District's
missions and responsibilities delegated to it by the Legislature and the Executive branch of
State Government. The District Office of General Counsel will provide legal counsel to the
Governing Board on matters relating to the exercise of its powers and duties and to the
Executive Director and District staff on matters relating to the day-to-day operations of the
District. Attorneys employed by the Governing Board District must represent the legal
interest or position of the Governing Board.
B.
Authority
Section 373.079(5), F.S., provides that both the Governing Board and the Executive
Director of each water management district may employ a legal staff and provides direction
as to the responsibilities of attorneys employed by the District.
C.
Organization
To promote independence the Governing Board has elected to employ a General Counsel
and Legal staff and to adhere to the provisions requirements of Section 373.079(5), F.S.,
The the General Counsel and Legal staff for the District will report functionally to the
Governing Board and administratively to the District's Executive Director. This means that
the General Counsel and Legal staff must represent the legal interest or position of the
Governing Board.
However, the Executive Director will be responsible for the
administrative oversight of the General Counsel to ensure compliance with all guidelines,
policies and procedures that govern District Employees.
Personnel in the District Office of General Counsel will be required to follow all guidelines,
policies and procedures that govern District employees. The Governing Board, with the
advice of and consultation with the Executive Director, will be responsible for the annual, or
more frequent, evaluation of the General Counsel consistent with the Board policy on
evaluations.
AUTHORITY: Section 373.079(5), Florida Statutes
6
March 28-29, 2006
Chair Agenda
69. Board Policy 160-8, Disclosure of Voting Conflicts of Interest
Governing Board members have previously expressed an interest in clarifying the
situations in which, and the process by which, members must disclose conflicts of interest
relating to matters being officially discussed or voted upon by the Governing Board.
Conflicts of Interest concerning the official business of the District are governed by Section
112.3143, Florida Statutes (Voting conflicts), which generally prohibits a member of the
Governing Board from voting in any matter that would inure to his or her personal gain or
loss, or the personal gain or loss of certain family members and business associates. In
addition, that statutory section also prohibits a Governing Board member from participating
in the discussions concerning any matter, or from attempting to influence the vote on any
matter, where such a conflict exists without first disclosing the nature of the member's
conflict. The Florida Commission on Ethics currently provides a form, Form 8B, for the
purpose of disclosing voting conflicts of interest.
In response to inquiries from Board members, and in conjunction with the Office of
General Counsel, Governing Board Policy 160-8 has been drafted in order to provide
specific instructions to the Board members concerning their ethical responsibilities when
voting on, or participating in the discussion of, any matter before the Governing Board.
Chair's Recommendation:
See Exhibit
Approve the revisions to Board Policy 160-8, Disclosure of Voting Conflicts of Interest.
Presenter: William S. Bilenky, General Counsel
7
BOARD POLICY
TITLE:
SECTION/DEPT.:
DISCLOSURE OF VOTING CONFLICTS OF INTEREST
OFFICE OF THE GENERAL COUNSEL
APPROVED BY:
NUMBER:
EFFECTIVE DATE:
160-8
3/28/2006
PAGE:
SUPERSEDES:
1 of 1
New
1. VOTING ON AN ISSUE. A Governing or Basin Board member is prohibited from voting in
an official capacity upon any measure which would inure to his or her special private gain or
loss, the special private gain or loss of a principal by whom he or she is retained or the
parent organization of such principal, or the special private gain or loss of a relative or
business associate.
a. Prior to any vote being taken, the Governing or Basin Board member must publicly state
to the assembly the nature of the member's interest; and
b. Within 15 days after the vote occurs, the Board member must disclose the nature of his
or her interest as a public record on the currently applicable version of Commission on
Ethics Form 8B (Form 8B), under the section entitled, "Disclosure of Local Officer's
Interest." Form 8B shall be filed with the District's Recording Secretary, who shall make
the memorandum a part of the meeting minutes.
2. PARTICIPATION IN THE DISCUSSION OF AN ISSUE. If a Governing or Basin Board
member wishes to participate in the discussion of, or attempts to influence the vote on, any
matter which would inure to his or her special private gain or loss, the special private gain or
loss of a principal by whom he or she is retained or the parent organization of such principal,
or the special private gain or loss of a relative or business associate, the Board member
must first disclose the nature of his or her interest in the matter on Form 8B, under the
section entitled, "Disclosure of Local Officer's Interest," which shall be filed with the District's
Recording Secretary prior to the meeting in which consideration of the matter will take place.
Form 8B:
a. Shall be immediately provided to other members of the Board;
b. Shall be incorporated into the meeting minutes;
c. Shall become a public record; and
d. Shall be read publicly at the next Board meeting.
3. All oral and written disclosure shall specify the nature of the Board member's interest in
sufficient detail to allow other Board members to fully and completely understand and
evaluate such interest prior to the discussion of any matter, or the taking of any vote.
AUTHORITY:
Section 112.3143, Florida Statutes
REFERENCE:
Commission on Ethics Form 8B
8
March 28-29, 2006
Routine Reports
72. Demand Management Activities .................................................................................... 3
73. Overpumpage Activities ................................................................................................. 5
74. Southern Water Use Caution Area Quantities ............................................................... 11
75. Water Production Summary Graphics............................................................................ 13
76. Litigation Report ............................................................................................................. 21
77. Rulemaking Update........................................................................................................ 41
78. Significant Water Supply and Resource Development Projects .................................... 43
79. Florida Forever Status Report........................................................................................ 47
80. Land Resources Department Significant Activities ........................................................ 51
81. Minimum Flows and Levels Status Report..................................................................... 53
82. Hydrologic Conditions Report ........................................................................................ 57
83. Structure Operations Status Report ............................................................................... 59
84. Fiscal Year 2007 Budget Development Process ........................................................... 71
85. Treasurer's Report, Payment Register and Contingency Reserves Report................... 73
86. Local Government Comprehensive Plan Activity Report ............................................... 77
87. Development of Regional Impact Activity Report........................................................... 81
88. Upcoming Events Report ............................................................................................... 87
2
March 28-29, 2006
Routine Report
72. Demand Management Activities
Monitoring
Staff is monitoring regional and national resource condition indicators in order to detect
any potential problems as the annual dry season (October – mid June) continues. The U.
S. Drought Monitor reported that there were no drought conditions in the District as of
March 9. Updated assessments from the National Weather Service’s Climate Prediction
Center are expected by March 17. Although no regional weather-related water supply
problems are currently anticipated, staff will continue to monitor resource indicators and
stay in contact with key public suppliers throughout the remainder of the dry season.
Outreach
Outreach remains an integral part of the Demand Management Program, especially as it
relates to the District’s Water Shortage Plan and the Conserve Florida initiative. Normal
daily outreach duties also continue, such as responding to calls, e-mail and letters
received by the District’s water hotline.
Rulemaking
The “Notice of Change” to address minor comments from the Joint Administrative
Procedures Commission regarding Board-approved amendments to the District’s Water
Shortage Plan (Chapter 40D-21, F.A.C.) was published in Florida Administrative Weekly
on February 3. No comments were received in response to this final noticing requirement,
so the updated Rule will be officially filed with the Florida Department of State in the near
future and become effective approximately 20 days later.
Staff will available to provide updated resource condition and public supply status
information.
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
3
4
OVERPUMPAGE ACTIVITY REPORT
MAY 1, 2000 – February 24, 2006
Table 1. CUMULATIVE SUMMARY OF ACTIVITIES
Projects
Under
Review
Justified /
Closed
Preparing for
Legal/Technical
Services
Active
Files in
Legal
Legal Files
Closed
Total Files
Bartow
2
463
2
1
26
494
Brooksville
1
100
0
1
18
120
Sarasota
1
303
1
1
11
317
Tampa
3
237
1
2
26
269
Totals
7
1103
4
5
81
1200
Service Office
5
MAY 1, 2000 – February 24, 2006
Table 2. PROJECTS UNDER REVIEW *
6
Permit No.
Permittee
Use Type
Overpumpage
Report Date
Service
Office
2001005.006
Triple B. Groves
A
12/29/05
Bartow
2009704.003
Walter Williams Investment
A
12/29/05
Bartow
2010923.000
Spruce Creek Development of Ocala
R/A
12/29/05
Brooksville
2007448.005
Royalty Resorts Corporation
R/A
12/29/05
Sarasota
2000381.004
Charles, Betty and Deborah Grimes
A
11/28/05
Tampa
2001780.008
Spencer Farms, Inc.
A
11/28/05
Tampa
2006100.004
City of Tampa & Tampa Sports Authority
R
12/29/05
Tampa
*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
MAY 1, 2000 – February 24, 2006
Table 3. PREPARING FOR LEGAL/TECHNICAL SERVICES
Permit No.
2001005.006
2010656.004
Use
Type
Permittee
Polk Nursery Company,
Inc.
Executives/Diamondback
Golf Club
Overpumpage
Permitted
Report Date &
Annual Average Estimated Annual
Average Use
A
99,600 gpd
R
180,400 gpd
7
2011438.001
Capri Isles
R/A
266,500 gpd
2009418.001
Fancy Farms, Inc.
A
179,700 gpd
P = Public Supply
R = Recreational
A = Agricultural
7/26/05
144,819 gpd
7/26/05
208,775 gpd
10/27/05
323,070 gpd
10/28/05
206,136 gpd
MD = Mining/Dewatering
Estimated
Percent
Over
Permit
Service
Office
45.4%
Bartow
15.7%
Bartow
41.8%
Sarasota
15%
Tampa
IC = Industrial/Commercial
Table 4. ACTIVE FILES IN LEGAL
Permittee
Use
Type
Permitted
Annual
Average
6,054,600 gpd
Van Fleet
856,200 gpd
Polk County
NERUSA
P
Polo Davenport
298,400 gpd
Holiday Inn
26,800 gpd
8
Aloha Utilities
P
0%
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
268.5%
Bartow
0%
A = Agricultural
Modified
12/2004
58.6%
08/2003
2,283,138
P
GB Aprvd
CO Date
2nd
Modification
10/2005
62.1%
5,360,000 gpd
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
Service
Office
10/2003
41.5%
Well Field 3
62,500 gpd
12 Wells
R = Recreational
8/2004
4,567,195 gpd
11/2000
2,885,176 gpd
Well Field 2
12,000 gpd
18 Wells
P = Public Supply
Percent
Over
Permit
2,040,000 gpd
Well Field 1
12,000 gpd
25 Wells
Englewood Water District
Overpumpage Report
Date & Annual
Average Use
Brooksville
03/2002
Sarasota
9/2005
20%
263%
191%
Table 4. ACTIVE FILES IN LEGAL
Permittee
Use
Type
Permitted
Annual
Average
Overpumpage Report
Date & Annual
Average Use
Percent
Over
Permit
Service
Office
Mims Hammocks, LLC
A
491,100 gpd
9/28/05
878,753 gpd
79%
Tampa
J. Tanner
A
288,000 gpd
08/30/05
336,766 gpd
17%
Tampa
9
P = Public Supply
R = Recreational
A = Agricultural
GB Aprvd
CO Date
10
PERMITTED QUANTITIES FROM THE
FLORIDAN AQUIFER
1,300
1,250
1,150
1,100
1,050
1,000
Annual Average Quantities
950
MONTH-YEAR
3/01/06
March 2006
Governing Board
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M
ec
-0
1
D
Ju
l-0
1
Fe
b01
Se
p00
pr
-0
0
A
ov
-9
9
N
Ju
n99
Ja
n99
ug
-9
8
900
A
11
Million Gallons Per Day
1,200
PERMITTED QUANTITIES
FROM THE INTERMEDIATE AQUIFER
12
115
105
95
85
Annual Average Quantities
1
D
ec
-0
1
M
ay
-0
2
O
ct
-0
2
M
ar
-0
3
A
ug
-0
3
Ja
n04
Ju
n04
N
ov
-0
4
A
pr
-0
5
Se
p05
Fe
b06
Ju
l-0
A
ug
-9
8
Ja
n99
Ju
n99
N
ov
-9
9
A
pr
-0
0
Se
p00
Fe
b01
75
MONTH-YEAR
3/01/06
March 2006
Governing Board
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
13
Summary Chart 5
Peace River / Manasota Regional Water Supply Authority and Member
Governments Annual Average Withdrawals
80
80
60
60
40
40
20
20
0
0
Date
Total SW Withdrawals
Total GW Withdrawals
Total GW Permitted
Total SW 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
14
Summary Chart 9
PRMRWSA - Annual Average Withdrawals
(Not Including Member Governments)
40
40
30
30
20
20
10
10
0
0
Date
Peace River SW Withdrawals
Peace River GW Withdrawals
Peace River SW Permitted
Peace River GW Permitted
15
40
40
30
30
20
20
10
10
0
0
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
Summary Chart 10
PRMRWSA Members - Annual Average Withdrawals
(Manatee Co., Charlott Co., Desoto Co., Sarasota Co., )
Date
Total Member SW Withdrawals
Total Members GW Withdrawals
Total Members SW Permitted
Total Member GW Permitted
Peace River/Manasota Regional Water Supply Authority and Member Governments
Average Monthly Production
Calendar Year 2001
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Avg.
PRMRWSA
SW
PRMRWSA
ASR
Charlotte
County GW
DeSoto
County GW
Sarasota
County GW
Calendar Year 2002
Manatee
County SW
Manatee
County GW
PRMRWSA
SW
PRMRWSA
ASR
Charlotte
County GW
DeSoto
County GW
Sarasota
County GW
Calendar Year 2003
Manatee
County SW
Manatee
County GW
PRMRWSA
SW
PRMRWSA
ASR
Charlotte
County GW
DeSoto
County GW
Sarasota
County GW
Manatee
County SW
Manatee
County GW
0.00
0.00
0.00
3.63
0.00
11.38
8.16
6.20
6.22
15.32
9.14
0.89
6.40
11.95
9.85
3.93
4.98
1.33
0.00
0.00
0.00
0.01
0.00
0.02
0.47
0.51
0.49
0.00
0.88
0.34
0.28
0.33
0.35
0.37
0.47
0.43
0.27
0.21
0.27
0.24
0.19
0.13
0.20
0.28
0.27
0.31
0.29
0.28
8.98
9.50
9.94
9.08
9.75
7.95
6.18
6.22
7.83
7.02
8.42
8.04
31.15
32.84
30.62
32.82
35.36
29.16
13.52
25.62
25.18
31.91
32.75
32.72
12.77
12.80
12.31
13.33
12.72
12.53
12.25
13.53
13.57
12.02
14.48
14.62
10.94
8.56
9.82
3.28
0.00
21.29
15.83
18.84
19.71
26.17
21.54
20.32
3.06
2.12
1.63
5.08
4.49
4.70
2.08
0.05
0.00
0.00
0.00
0.00
0.43
0.48
0.52
0.50
0.40
0.27
0.28
0.26
0.33
0.35
0.41
0.40
0.23
0.32
0.28
0.31
0.29
0.31
0.87
0.85
0.26
0.35
0.41
0.40
8.03
8.01
11.38
10.87
8.30
7.19
4.43
4.79
5.87
7.54
6.97
6.54
29.19
29.60
34.02
35.24
37.36
29.24
25.50
24.68
22.08
28.54
30.70
22.64
14.71
15.02
14.61
14.29
14.27
14.58
14.71
14.37
14.60
13.43
12.06
13.11
18.43
17.48
17.42
9.57
3.36
9.81
23.81
20.09
20.50
21.74
21.21
18.64
0.00
0.00
1.59
10.84
11.65
3.30
0.00
0.00
0.00
0.00
0.00
0.02
0.46
0.49
0.49
0.48
0.37
0.31
0.31
0.30
0.31
0.41
0.46
0.46
0.35
0.39
0.37
0.33
0.41
0.37
0.61
0.39
0.42
0.40
0.41
0.41
9.30
8.38
8.63
10.68
8.27
7.26
7.65
7.16
7.49
7.61
7.83
5.65
24.80
26.00
27.41
35.26
32.27
25.72
22.72
19.69
20.69
26.67
28.90
27.32
15.22
16.21
14.67
14.57
13.68
14.62
16.05
16.21
15.56
15.26
15.21
15.34
5.08
3.21
0.41
0.24
8.24
29.47
13.08
14.69
1.93
0.39
0.41
7.49
29.07
14.15
16.84
2.28
0.40
0.41
7.99
26.45
15.22
16
Peace River/Manasota Regional Water Supply Authority and Member Governments
Average Monthly Prodution
Calendar Year 2001
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Avg.
Note
PRMRWSA
SW
PRMRWSA
ASR
Charlotte
County GW
DeSoto
County GW
Sarasota
County GW
Calendar Year 2004
Manatee
County SW
Manatee
County GW
PRMRWSA
SW
PRMRWSA
ASR
Charlotte
County GW
DeSoto
County GW
Sarasota
County GW
Calendar Year 2005
Manatee
County SW
Manatee
County GW
PRMRWSA
SW
PRMRWSA
ASR
Charlotte
County GW
DeSoto
County GW
Sarasota
County GW
Manatee
County SW
Manatee
County GW
0.00
0.00
0.00
3.63
0.00
11.38
8.16
6.20
6.22
15.32
9.14
0.89
6.40
11.95
9.85
3.93
4.98
1.33
0.00
0.00
0.00
0.01
0.00
0.02
0.47
0.51
0.49
0.00
0.88
0.34
0.28
0.33
0.35
0.37
0.47
0.43
0.27
0.21
0.27
0.24
0.19
0.13
0.20
0.28
0.27
0.31
0.29
0.28
8.98
9.50
9.94
9.08
9.75
7.95
6.18
6.22
7.83
7.02
8.42
8.04
31.15
32.84
30.62
32.82
35.36
29.16
13.52
25.62
25.18
31.91
32.75
32.72
12.77
12.80
12.31
13.33
12.72
12.53
12.25
13.53
13.57
12.02
14.48
14.62
15.99
20.08
18.24
9.87
4.85
4.29
24.42
7.63
14.61
22.62
25.57
19.90
0.00
0.00
0.03
10.09
15.52
7.50
0.01
0.05
0.02
0.00
0.00
0.00
0.52
0.57
0.63
0.38
0.47
0.41
0.44
0.57
0.54
0.57
0.66
0.56
0.40
0.41
0.37
0.37
0.41
0.94
0.42
0.42
0.42
0.39
0.39
0.45
8.82
9.25
9.05
8.75
7.76
7.19
7.78
10.34
6.90
8.35
7.59
8.09
29.87
25.92
30.57
32.43
33.51
29.58
24.15
26.73
24.25
26.14
31.31
29.23
13.15
15.31
15.67
15.50
15.51
15.25
15.56
12.67
13.10
15.81
14.44
13.51
20.13
20.63
19.34
16.46
10.93
11.88
20.40
20.61
21.76
0.00
0.00
0.00
0.91
12.46
5.44
0.00
0.00
0.00
0.65
0.70
0.65
0.66
0.52
0.50
0.55
0.48
0.50
0.40
0.42
0.44
0.39
0.48
0.45
0.48
0.49
0.48
9.01
10.07
8.56
8.79
8.19
7.48
8.63
6.84
6.99
28.85
31.51
28.94
30.92
30.36
23.55
23.43
27.49
29.70
15.17
10.96
15.21
15.08
15.34
14.77
15.11
14.83
15.40
5.08
3.21
0.41
0.24
8.24
29.47
13.08
15.67
2.77
0.53
0.45
8.32
28.64
14.62
18.02
2.09
0.58
0.45
8.28
28.30
14.65
PRMRWSA - Peace River/Manasota Regional Water Supply Authority
Manatee County is a Member of the PRMRWSA, However No Withdrawal Quantities Are Transferred to Manatee
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
17
Annual Average Production Chart
City of Tampa - Annual Average Withdrawals
100
100
80
80
60
60
40
40
20
20
0
0
Date
Total SW Permitted
Total GW Permitted
CITY OF TAMPA AVERAGE MONTHLY PRODUCTION
Calendar Year 2001
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Avg.
Hills. River
Reservoir
ASR
Recovery
TBW
Calendar Year 2002
Hills. River
Reservoir
ASR
Recovery
TBW
Calendar Year 2003
Hills. River
Reservoir
ASR
Recovery
TBW
Calendar Year 2004
Hills. River
Reservoir
ASR
Recovery
ASR
Recovery
TBW
41.85
43.02
32.90
64.88
59.93
59.97
50.84
54.79
64.92
65.57
69.48
70.49
0.00
0.00
1.98
6.03
10.55
3.36
2.28
0.00
0.00
0.00
0.00
0.00
30.14
31.08
30.21
0.87
7.76
7.54
14.05
15.46
1.78
4.30
2.13
0.49
66.55
65.99
70.82
66.51
50.82
51.68
61.37
65.61
63.78
68.67
66.29
63.89
0.00
0.00
0.89
8.96
9.78
9.99
2.69
0.00
0.00
2.96
0.45
0.00
0.00
0.00
0.00
0.11
19.96
11.28
0.00
0.00
0.00
0.00
0.00
0.00
64.47
64.85
66.86
73.62
72.16
67.07
65.63
68.34
75.99
79.97
80.41
77.45
0.00
0.00
0.00
0.88
7.18
7.50
5.67
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
0.00
0.00
0.00
0.00
74.81
73.01
75.27
79.08
85.34
76.52
72.61
69.21
69.46
77.22
81.76
79.27
0.00
0.00
4.88
9.24
8.95
9.52
6.61
1.60
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.68
0.18
0.00
0.00
0.00
0.00
0.00
0.00
83.24
81.12
73.87
72.11
76.53
69.47
73.16
77.40
82.55
0.00
0.00
2.26
9.84
8.85
9.20
0.70
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
56.55
2.02
12.15
63.50
2.98
2.61
71.40
1.77
0.00
76.13
3.40
0.07
76.61
3.43
0.00
18
Note
TBW
Calendar Year 2005
Hills. River
Reservoir
ASR Storage Volumes are Subtracted from the Hillsborough River Reservoir Withdrawals to Eliminate Double Accounting
19
200
200
150
150
100
100
50
50
0
0
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
Annual Average Use Chart
Tampa Bay Water - Annual Average Withdrawals
Date
Total GW Permitted
Total SW / Desal Permitted
TAMPA BAY WATER ANNUAL AVERAGE PRODUCTION
Calendar Year 2002
Groundwater
Month
Monthly
Consolidated
Permit
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
134.34
136.3
146.37
153.31
183.34
152.43
126.71
125.16
110.88
110.77
106.13
92.07
Ann. Avg.
Consolidated
Permit
SCHRWF
148.20
145.33
143.59
144.03
145.43
145.95
144.92
142.89
141.16
138.57
135.46
131.45
Calendar Year 2003
Surface Water
23.19
23.10
23.43
23.60
23.84
23.90
23.60
23.09
22.61
22.23
21.55
21.09
BUDWF
1.04
1.28
1.48
1.49
1.75
2.03
2.33
2.84
3.27
3.41
3.59
3.88
TPA Hiils Int. TPA 301 Int.
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
TBW 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
Groundwater
ESWP
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.04
1.48
3.77
6.11
6.83
Monthly
Consolidated
Permit
82.37
77.31
96.06
92.16
94.6
74.38
67.2
63.99
81.91
71.63
72.74
78.02
Ann. Avg.
Consolidated
Permit
127.04
122.51
118.24
113.22
105.68
99.26
94.21
89.01
86.63
83.31
80.56
79.37
Surface Water
SCHRWF
21.07
21.13
20.91
20.69
20.21
20.01
20.52
20.81
21.31
21.58
21.92
22.33
BUDWF
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
TBW 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
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
20
TAMPA BAY WATER ANNUAL AVERAGE PRODUCTION
Calendar Year 2004
Groundwater
Month
Monthly
Consolidated
Permit
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
62.13
59.13
78
105.83
112.47
141.31
85.75
82.6
75.57
72.24
77.64
82.25
Note
Ann. Avg.
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
Calendar Year 2005
Surface Water
SCHRWF
22.49
22.46
22.71
23.10
23.66
24.21
24.21
23.89
23.42
23.06
23.02
22.89
BUDWF
3.78
3.95
4.17
4.14
4.02
4.07
4.28
4.52
4.78
4.88
4.87
4.89
1.57
1.57
1.55
1.67
1.70
1.60
1.48
1.48
1.38
1.39
1.45
1.44
SCHRWF - South Central Regional Wellfield
BUDWF - Brandon Urban Disbursed Wellfield
ESWP - Enhanced Surface Water Project
0.25
0.54
0.81
1.13
1.37
1.44
1.44
1.50
1.50
1.50
1.50
1.39
TBW Desal
8.93
10.11
10.28
9.35
7.86
7.66
7.80
7.68
7.28
6.60
5.82
4.74
Groundwater
ESWP
42.84
43.15
45.19
45.51
45.80
41.86
41.03
40.35
41.40
42.60
43.84
44.75
Monthly
Consolidated
Permit
77.91
105.18
79.83
101.74
110.32
87.63
95.21
95.53
128.81
113.51
104.74
Ann. Avg.
Consolidated
Permit
87.82
91.19
91.34
91.01
90.82
86.41
87.21
88.31
92.69
96.19
98.42
SCHRWF
22.86
23.05
22.81
22.71
22.30
21.68
21.49
21.84
22.16
22.06
21.58
Surface Water
BUDWF
4.84
4.74
4.70
4.69
4.69
4.68
4.60
4.47
4.39
4.41
4.51
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
TBW Desal
2.98
1.91
1.72
1.70
1.66
1.30
1.16
1.03
0.97
0.78
0.73
ESWP
46.22
45.06
45.01
45.79
46.22
50.26
49.81
50.11
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT LITIGATION REPORT
March 2006
(Changes in status since last month are in boldface type)
ADMINISTRATIVE PROCEEDINGS
STYLE/CASE NO.
COURT/JUDGE
Belcher , John
ATTORNEY
DESCRIPTION
STATUS (current through 3/9/06)
A. Vining
Administrative Complaint
and Order for well drilling
violations
12/28/05 - Administrative Complaint filed. 1/5/06 Sent to sheriff to be served. 1/23/06 - Received
Return of Service - Not Found. 1/26/06 - Sent to
sheriff with alternate address at which to attempt
service. 2/23/06 - ACO served on Belcher.
21
Belleair Village
Condominiums, LLC
v. SWFWMD and
Belleair Beach
Marine, Inc./Case No.
05-1889
Division of
Administrative
Hearings/J.L. Johnston
M. McNeil
Formal Administrative
Proceedings on objection to
issuance of ERP No.
44025312.000
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. 2/9/06 - Settlement Agreement sent to DOAH
for filing. 2/21/06 - Order Closing File entered.
Blanco v. Westfield
Homes of Florida, Inc.
and SWFWMD/Case
No. 05-3274
Division of
Administrative
Hearings/T. K.
Wetherell, II
N. Spirtos/J.
Pepper
issuance of ERP No.
43024788.002
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 Pre-Hearing Statement, and Petitioner's PreHearing Statement filed. 1/31/06 - 2/1/06 – Hearing
conducted. 2/17/06 - Notice of Filing Final Hearing
Transcript served.
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
Division of
Administrative
M. Moore
issuance of ERP No.
44025789.001
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 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.
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. 050960 and 05-0963
Division of
Administrative
N. Spirtos
issuance of ERP No.
49012249.010
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.
22
The Lake Region
Audubon Society, Inc.
v. SWFWMD and
Spanish Oaks of
Central Florida,
LLC/Case No. 05-2606
2
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
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 Motion to Continue Hearing filed. 10/27/05
– Order Granting Continuance to June 20 – 23, 2006
entered.
Division of
Administrative
Hearings/T. Kent
Wetherell, II
N. Spirtos/J.
Pepper
issuance of ERP No.
44008505.007
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. 2/10/06
Motion to Continue Final Hearing Granted. 3/1/06
- Order Granting Extension of Time entered.
Status report due March 13, 2006.
SWFWMD v
Stonecreek Lodge,
Inc./Case No. 06000118
Division of
Administrative Hearings
M. Moore
Administrative Complaint and
Order for ERP violations
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. 2/24/06 – District's
Motion to Compel Respondent's Compliance with
Rule 28-106.106, F.A.C. served. 3/3/06 – District’s
Request for Entry Upon Land filed and served.
3/3/06 – District’s Motion to Compel Discovery
served. 3/6/06- Respondent’s Response to
District’s Request for Production of Documents
filed. 3/6/06 – Respondent’s Motion to Continue
filed. 3/6/06 – Order on District’s Motion to
Compel Compliance with Rule 28-106.106, F.A.C.
3/7/06- District’s Response to Respondent’s
Motion for Continuance filed.
Sylvan Lea, Inc. v.
SWFWMD/Case No.
03-0813
Division of
Administrative
Hearings/C. Stampelos
M. McNeil
Proceedings on objection to the
District requiring an ERP.
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
23
Sherman Hills Golf
Club, Inc. v. Sherman
Hills, LLC and
SWFWMD/Case No.
05-3204
3
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
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 Re-Scheduling 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. 1/19/06 - Status Report filed in
Response to Court's January 13, 2006, Order to
Show Cause. 3/2/06 - Order (placing case in
abeyance until Case No. 05-1099RP is resolved)
entered.
24
Sylvan Lea, Inc. v.
SWFWMD/Case No.
05-1099RP
Division of
Administrative
Hearings/C. Stampelos
M. McNeil/J.
Pepper
Proceeding on challenge to Rule
40D-4.021 amendment
4
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 30-day 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 Re-Scheduling 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). 2/16/06 -
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
Interrogatories served to Petitioner Sylvan Lea,
Inc.
Wiregrass Ranch, Inc.,
Pulte Home
Corporation and JHP
Real Estate
Partnership, LTD. v.
SWFWMD/Case No.
05-3719
Division of
Administrative Hearings
/P. M. Ruff
M. Moore/N.
Spirtos
District’s PAA for the issuance of
WUP No. 20002479.005
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. 1/11/06SWFWMD Interrogatories and Request for Production
of Documents served on Petitioners. Response due
2/10/06. 2/3/06 - Notice of Appearance served. 2/21/06
- Petitioner’s Motion for Continuance received.
2/21/06 – (Petitioners') Motion for Continuance
served. 3/1/06 – Order Granting Continuance and
Placing Case in Abeyance entered.
DELEGATED ADMINISTRATIVE HEARING MATTERS
N. Spirtos
Request for administrative
hearing re: permit issuance of
ERP No. 44006732.001
2/7/06 – Request for Administrative Hearing
received. 2/16/06 - Order of Dismissal Without
Prejudice entered. 3/2/06 - Request for extension of
time to file amended petition received. 3/3/06 Order Granting Request for Extension of Time
entered. Amended petition due 4/3/06.
Foundation for
Advancement of
Mesoamerican
Studies, Inc. (FAMSI)
v. RIF 304, LLC and
SWFWMD
N. Spirtos/ A.
Vining
hearing re: permit issuance of
ERP No. 49023527.001
1/11/06 – Clarification that document received
9/1/05 was Request for Administrative Hearing.
2/8/06 – Order of Dismissal Without Prejudice
entered. 2/28/06 – Final Order of Dismissal With
Prejudice entered.
Water Resources
Engineering, Inc. v.
Trust for Rehab &
Nurturing Youth &
Families and
SWFWMD
A. Vining
Request for extension of time
to file a petition for an
administrative hearing re:
permit issuance of ERP No.
44029261.000
2/17/06 – Request for extension of time received.
2/23/06 – Order Granting Request for Extension of
Time entered. Petition for hearing due by 3/13/06.
Lindrick Service
Corporation v.
SWFWMD
N. Spirtos
hearing from Permittee re: permit
denial of WUP No.
20002978.010
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.
25
Douglas Walther and
Diana Walther v.
FDOT and SWFWMD
5
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
ENFORCEMENT CASES
(Including Administrative Complaints)
5th Judicial Circuit,
Citrus County/P.
Thomas
J. Pepper
Complaint and Petition to
Enforce Final Order for ERP
violations
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.
SWFWMD v. Aloha
Utilities, Inc./Case No.
51-2002-CA-2549
WS, Section G
6th Judicial Circuit, Pasco
County/S.Mills
M. Lytle
Complaint and Petition to
Enforce Consent Order and
pursue new WUP violations
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.
M. Moore
Order for Construction without
ERP
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.
M. McNeil
Complaint and Petition for
Enforcement for well
construction violations
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 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
26
SWFWMD v.
Adventureland,
Inc./Case No. 2004CA-89
SWFWMD v. Michael
E. Brown and Arlene
A. Brown
SWFWMD v. Paul K.
Bowser/Case No. 045746 CI 19
Pinellas County/J.
Lenderman
6
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
different address). 2/14/06 – Defendant personally
served.
Polk County/M.
McCarthy
M. Moore
Enforcement for Construction of
Subdivision without ERP
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.
SWFWMD v. Carl
Douglas, Jr./Case No.
252005CA000338
Hardee County/R. Doyel
M. Moore
Enforcement of Consent Order
6/16/05 - Complaint filed. 6/28/05 - Complaint
served. 9/1/05 – Motion for Default filed. 9/2/05 –
Default entered. 2/22/06 – District's Motion for
Default Final Judgment, Proposed Default Final
Judgment and Notice of Hearing served. Hearing
scheduled for 4/5/06.
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
Polk County/R. Doyel
M. Moore
Complaint for Dissolution of the
named corporate defendants
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 Filing (providing notice to
shareholders of entry of Order of Appointment of
27
Governing Board of
the St. Johns River
Water Management
District v. Vista Park
Development,
Inc./Case No. GCG01-444-08
7
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
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. CKTWhite Harbour Island,
LLC/Case No. 054124, Division H
Thirteenth Circuit,
Hillsborough County/W.
P. Levens
SWFWMD v.
Harbsmeier, DeZayas
& Appel Investments,
Inc.
No. SWF 04-079
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. 2/9/06 – Letter sent to
CKT advising that the District will issue
subpoena in aid of execution if Default Final
Judgment is not complied with within 21 days.
M. Moore
Administrative Complaint
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.
2/10/06 – Revised Consent Order mailed. 2/27/06
- Signed Consent Order received with payment
of penalties and costs. To March Board.
28
M. McNeil
SWFWMD v. Hullett,
James/
Polk County/
M. Moore
Enforcement of
Order
Complaint filed 3/7/06.
SWFWMD v. Lake
Erie Corporation/Case
No. 04CA1239
5th Judicial Circuit, Lake
County/W. G. Law
N. Spirtos
for ERP violations
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).
8
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
Polk County/
M. Moore
Enforcement of
Order
Complaint filed 2/28/04.
SWFWMD v. Richard
Roy Landrigan/Case
No. 04-8616-CC
County Court,
Hillsborough County/A.
McNeil
M. McNeil
Complaint for violation of terms
of WUP No. 20004870.002,
.003, .004
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
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
has been closed, a filing fee is required to reopen
the case. 2/24/06 – Landrigan submitted WUP
modification as required by Consent Final
Judgment. Motion for Contempt withdrawn,
hearing cancelled.
SWFWMD v. George
A. Long, III/Case No.
53-2005 CC-0005730000-000
County Court, Polk
County/S. Selph
M. Moore
Complaint for violation of terms
of ERP 46013434.002 (failure to
submit Statement of Completion
and certified as-built drawings)
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.
2/24/06 – District's Notice of Taking Deposition
Duces Tecum served. Deposition scheduled for
3/24/06.
29
SWFWMD v. MDC 1,
LLC/GC-06-124
9
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
30
SWFWMD v. Polk
Properties, Inc., et
al./Case No. G991779-08
Polk County/C. Moore
J. Pepper
Suit to enforce Consent Order
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.
SWFWMD v. Alan J.
Rieder and Cynthia F.
Rieder/Case No.
2005CA-001184-0000
Polk County/D.
Jacobsen
M. Moore
Enforcement to enforce
Order No. 05-09
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 received. 11/15/05 – Payment
received. 2/24/06 – Request for six month's
extension for commencement of specific terms
of the agreement served. 3/6/06 – Response
denying request for extension.
SWFWMD v. David K.
Smith/Case No. 041907-CA
Charlotte County/I.
Anderson, Jr.
M. McNeil
Complaint for MSSW permit
violations
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.
SWFWMD v. Steven
C. Smith, Teresa S.
Smith & Good Life
Development,
Inc./Case No.
03CA1662-ES,
Section Y
Pasco County/L. Tepper
N. Spirtos
for ERP violations
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.
SWFWMD v. Danny J.
Suggs, et al./Case No.
2003-CA-000724
Sumter County/J. Booth
R.
Fitzpatrick/
J. Pepper
Complaint enforcing Final Order
No. SWF 03-050
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
10
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
31
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
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. 2/8/06 –
Motion to Modify Injunction, Motion for Judicial
Inspection and Evaluation of Defendants'
Proposed Activity and Notice of Hearing served.
Hearing set for 3/21/06 on Defendants' Motion to
Modify Injunction and Motion for Judicial Inspection.
SWFWMD v. Lin Fung
To, et al./ Case No. G98-3485
10th Judicial Circuit, Polk
County/H. Kornstein
B. Paul/M.
Moore
Complaint for unauthorized
construction; wetland impacts.
11
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
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
32
(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 (April 7, 2006) and
Nonjury Trial (April 19 & 20, 2006) entered. 1/23/06
- Notice of Taking Deposition Duces Tecum (of
Vincent and Lin Fung To - 2/28/06) served. 2/10/06 Plaintiff's Trial Witness List served. 2/14/06 Defendant's First Request to Produce to Plaintiff
served. 2/16/06 - Notice of Filing Witness List;
Notice of Service of Defendants' Exhibit Lists
served. Settlement Conference held 3/9/06.
Depositions scheduled for 3/15/06.
SWFWMD v.
Development,
Inc./Case No. 054689, Division F
Thirteenth Judicial
Circuit, Hillsborough
County/Judge Nielson
M. McNeil
Complaint to enjoin defendant to
complete activities required by
ERP Nos. 4419967.000, .001
12
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. 2/7/06 - Motion to Withdraw
(Steven Southwell & Ron Noble to withdraw as
counsel for Tomko). 2/24/06 - Notice of Hearing
(on Motion to Withdraw) served (set for 3/16/06).
3/2/06 - Plaintiff's Motion to Amend Complaint
served.
STYLE/CASE NO.
SWFWMD v. Trimar
Southeast
Developments,
Inc./Case No.
512003CA-3209ES,
Section Y
COURT/JUDGE
Pasco County/W. Cobb
ATTORNEY
N. Spirtos
DESCRIPTION
for ERP violations
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.
MISCELLANEOUS
Citrus County Circuit
Court/S. Spivey
J. Pepper
Complaint for Foreclosure of
mortgage against Cynthia V.
Ioerger, Adventureland, Inc.
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. 2/2/06 - Final
Summary Judgment entered. Sale set for
March 2. 3/1/06 - Ex-Parte Motion to Cancel
Foreclosure Sale served. 3/2/06 - Ex-Parte
Order Cancelling Foreclosure Sale entered.
Ham, Lance H. and
Norma G. Ham v. City
of Plant City,
Hillsborough County
and SWFWMD/Case
No. 05-CA-9419 R
Hillsborough County
Circuit Court/C. Isom
E.
Kohlmyer/J.
Pepper
Suit for damages and injunctive
relief alleging inverse
condemnation
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. 2/8/06 –
33
AmSouth Bank v.
Cynthia V. Ioerger, et
al./Case No. 05-CA
2969
13
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
Defendant City of Plant City's First Request for
Production; Defendant City of Plant City's
Notice of Serving First Request for Admissions;
and Defendant City of Plant City's Notice of
Serving First Set of Interrogatories served.
10th Judicial Circuit
Court, Polk County/D.
Jacobsen
C. House
Stewart/B.
Bilenky
Suit for damages and injunctive
relief alleging inverse
condemnation
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. 2/16/06 – Notice of Cancellation
of Deposition Duces Tecum served. 2/20/06 –
Request for Copies served.
SWFWMD v. Weeki
Wachee Springs, LLC,
et al./Case No. H-27CA-2004-366-RT
Hernando County/R.
Tombrink
F. Miller/B.
Bilenky
Complaint for Declaratory
Judgment regarding lease
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
11/18/04. 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
34
Hampton, Lynn,
Hampton, Leigh, as
individuals and LSL
Hampton Family
Limited Partnership v.
SWFWMD/Case No.
53-2005-CA-000923
14
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
35
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
Reconsideration of Ruling Establishing Logistical
Requirements for Joint Public Meeting; and Notice
of Hearing served. (Hearing conducted on
2/3/06). 2/1/06 – Plaintiff's Motion for Rehearing;
and Notice of Filing served. 2/3/06 – Order (a)
Granting Defendant's Motion to Abate Action;
(b) Denying Plaintiff's Motion to Dispense with
Florida Governmental Conflict Resolution Act;
and (c) Establishing Logistical Guidelines for
Joint Public Meeting entered, and Notice of
15
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
Filing served. 3/9/06 – Notice of Meeting
Pursuant to This Court's Order Dated February
3, 2006 served.
Hernando County
Court/D. Scaglione
F. Miller/B.
Bilenky
Complaint for Declaratory
Judgment regarding lease
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)
Weeki Wachee
Springs, LLC v
SWFWMD/Case No.
H27-CC-2004-739
Hernando County
Court/D. Scaglione
F. Miller/B.
Bilenky
Verified Complaint for
Declaratory Judgments
regarding landlord/tenant rights
and duties
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
Rights and Duties of a Landlord and Tenant, Each
to the Other, Pursuant to the Lease Between
Them, Verified Motion for Temporary Mandatory
36
Weeki Wachee
Springs, LLC, et al. v.
SWFWMD/Case No. H0027-CC-2004-000252
16
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
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.
Wormley, Adrian v.
SWFWMD/Case No.
53-2005-CA-0023410000-00
Polk County Circuit
Court/R. Artigliere
F. Miller/J.
Pepper
Claim for injuries resulting from
automobile accident driven by
District employee
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. 2/13/06 (Plaintiff's) Proposal for Settlement served.
APPEALS
37
City of Weeki Wachee
and Weeki Wachee
Springs, LLC v.
SWFWMD/Case No. H27-CA-2005-620
5th Judicial Circuit
Appellate Panel
B. Bilenky/
F. Miller
Appeal of Order on
Defendant's Request to
Transfer and Order Denying
Plaintiff's Motion to Abate
regarding Case No. H-27-CC2004-252
17
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)
STYLE/CASE NO.
City of Weeki Wachee
and Weeki Wachee
Springs, LLC v.
SWFWMD/Case No.
5D05-3997
COURT/JUDGE
5th District Court of
Appeal
ATTORNEY
B. Bilenky/
F. Miller
DESCRIPTION
Appeal of Order Denying
Motion for Rehearing regarding
Case No. H-27-CA-2005-620
38
18
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. 2/8/06 – Motion for Enlargement of Time
Within Which to Serve Petitioner's Reply to
Respondent's Response to Amended Petition for
Writ of Certiorari served. 2/13/06 – District's
Notice of Corrections to Response and
Supplement to the Record served. 2/14/06 –
Order granting Petitioners' Motion for
Enlargement of Time entered. 2/17/06 –
Petitioners' Reply to Respondent's Response to
Petitioners' Amended Petition for Writ of
Certiorari, Petitioners' Supplemental Appendix
to Petitioners' Reply to Respondent's Response
to Petitioners' Amended Petition for Writ of
Certiorari; and Petitioners' Motion for Award of
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
Attorneys' Fees served. 2/24/06 – Motion to
Strike Petitioners' Reply to Respondent's
Response to Petitioners' Amended Petition for
Writ of Certiorari, and Response to Petitioners'
Motion for Award of Attorneys' Fees served.
3/2/06 – Order denying Amended Petition for
Writ of Certiorari entered.
Weeki Wachee
Springs, LLC, et al. v.
SWFWMD/5D04-2808
5th District Court of
Appeal
B. Bilenky/
F. Miller
Appeal of Non-Final Order in
Case No. H-27-CA-2004-366RT
39
19
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
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.
STYLE/CASE NO.
COURT/JUDGE
ATTORNEY
DESCRIPTION
SC05-1008 below)
Weeki Wachee
Springs, LLC v.
SWFWMD/Case No.
SC05-1008
Supreme Court of
Florida
B. Bilenky/
F. Miller
Appeal of Opinion issued by
5th District Court of Appeal,
Case No. 5D04-2808
40
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. 2/8/06 – Order
dismissing "Petition for Review Pursuant to All
Writs Power" for lack of jurisdiction,
Respondent's motion to dismiss and Petitioner's
request for oral argument are denied as moot
entered. 2/15/06 – Motions: For Rehearing of
February 8, 2006, Order; and For Leave to Serve
Amended Motion for Rehearing served. 2/23/06 –
Objection to Petitioners' Motion(s:) for. . .Leave
to Serve Amended Motion for Rehearing, and
Response to Motions: for Rehearing of February
8, 2006, Order, and Leave to Serve Amended
Motion for Rehearing served.
CONSENT ORDERS
VIOLATOR
BOARD POLICY
ATTORNEY
VIOLATION
Tampa Metropolitan
Area YMCA, Inc.
160-6
M. McNeil
Failure to submit as-builts
drawings and SOC
2/10/06 - Consent Order fully executed. Penalty paid.
Michael Konders
160-6
M. McNeil
Well Contractor Violation
3/2/06 - Consent Order fully executed. Penalty paid.
Louis M. Gaines
160-6
M. McNeil
Well Contractor Violation
2/22/06 - Consent Order executed by Gaines.
3/7/06 - Consent Order executed by Executive Director.
Shane Duryea
160-6
N. Spirtos
Well Contractor
Violations
12/28/05 - Consent Order issued.
2/23/06 - Consent Order executed by Duryea.
2/24/06 – Consent Order executed by Executive
Director on 2/24/06.
20
RULEMAKING UPDATE
March 2006
I.
PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS
AUTHORIZED INITIATION OF RULEMAKING
Rule
Initiation
Date
Next Scheduled
Action
1. (40D-1.002(3)) Rulemaking to
incorporate by reference the
Marion County Well Construction
Permitting Delegation Agreement
2. (40D-1.002(3)) Rulemaking to
amend Sarasota County Well
Construction Permitting Delegation
Agreement to allow delegation to
Sarasota County Health
Department
3. (40D-2) Southern Water Use
Caution Area (SWUCA II) / (40D-2,
40D-8, and 40D-80, F.A.C.)
4. (40D-4.021) Rulemaking to clarify
the definition of a New Surface
Water Management System
5. (40D-4.091) Rulemaking to
incorporate by reference in the ERP
Basis of Review revisions to maps
of drainage basins and watersheds
6. (40D-4.091) Rulemaking to
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 freshwater
segment of the Alafia River
8. (40D-8.041) Rulemaking to add
minimum flows for the Myakka
River
9. (40D-8.624) Rulemaking to amend
established minimum flows and
levels for lakes Allen, Harvey,
Virginia, June-in-Winter and Parker
10. (40D-21) Amendments to update
and streamline definitions,
shortage phases and specific
restrictions in the Water Shortage
Plan
January
2006
Effective
approximately
05/06
February
2006
Governing Board
Approval 02/06,
effective
approximately
04/06
N/A
January
2002
Governing Board
Meeting 03/06
TBA
January
2005
Rule challenge
hearing scheduled
04/06
Effective
approximately
03/06
N/A
January
2006
Projected
Board
Approval Date
N/A
N/A
October
2005
TBA
N/A
November
2005
Public Hearing
03/06
N/A
November
2005
Governing Board
approval 11/05,
effective 03/06
Governing Board
approval 11/05,
effective 03/06
N/A
Governing Board
approve JAPC
changes 01/06
effective 03/06
N/A
November
2005
November
2001
41
N/A
II.
PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS NOT
AUTHORIZED INITIATION OF RULEMAKING
Rule
1. (40D-2) Rulemaking to add statutorily
required language to Water Use
Permits
2. (40D-2.091) Miscellaneous clean-up
rulemaking to add phone numbers to
Crop Report forms incorporated by
reference
3. (40D-2.091) Rulemaking to clarify flow
meter and reuse meter conditions in
the Water Use Permit Basis of Review
incorporated by reference
4. (40D-4.321) Rulemaking to revise the
duration of Conceptual Environmental
Resource Permits
5. (40D-4331) Rulemaking to clarify
conditions for the extensions of
Environmental Resource Permits (file
with 40D-4.321)
6. (40D-8) Tampa Bypass Canal minimum
flow methodology and flow
7. (40D-8) Sulphur Springs minimum flow
methodology and flow
8. (40D-8) Lower Hillsborough River
minimum flow review
9. (40D-8) Minimum levels for Lakes
Panasoffkee, Miona, Deaton and
Okahumpka and Big Gant Lake in
Sumter County
10. (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
11. (40D-8) Minimum levels for Lake Marion
in Levy County; and Fort Cooper and
Tsala Apopka Lakes in Citrus County
III.
Staff Recommendation
Governing Board Initiate Rulemaking – TBA
Governing Board Initiate Rulemaking – 2006
Governing Board Initiate Rulemaking - 2006
Governing Board Initiate Rulemaking 03/06
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
Initiation Date
Nothing for March
42
March 28-29, 2006
Routine Report
78. Executive Summary of Significant Water Supply and Resource Development
Projects for February 2006
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. Several meetings with Polk County have taken place to discuss
the project impacts to the County's landfill. Of primary issue to the County is what the preexisting floodplain conditions will be, as determined by FDEP. Following a meeting in
March with FDEP, in which the District was present, the current position of the FDEP is to
not recognize existing storage on the landfill and therefore, under those conditions, the
lake level project will not impact the landfill. A final determination by the FDEP will not be
made until the County submits its ERP application. As a result, the County is preparing 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. The District will
review the MOU and will bring it before the Board prior to finalization. It is expected we will
have these issues resolved and present to the Board in April. Based on the change in
existing conditions on the landfill, the District's consultant is adjusting the floodplain model
to recalculate post projects levels. Any necessary adjustments to the project will be made
before the ERP submittal.
Lake Hancock Outfall Treatment Project. At the February Governing Board meeting,
the Board approved the staff recommendation to adopt a 27 percent nitrogen load
reduction goal and to utilize wetlands as the primary treatment component. The Board
further directed staff to explore alternative technologies, on the site, that utilize biological
treatment. Staff has directed the District's consultant to move forward on the preliminary
design, including options for a research treatment component. In regard to alternative
technologies, staff will prepare a Request For Proposals (RFP) through established District
procedures to identify and ultimately select a technology to investigate. Staff anticipates
the RFP would be out on the street by May.
Peace Creek Watershed. Staff continues to track proposed legislation that will expand
the Lakes Region Lakes Management District, abolish the Peace Creek Drainage District
(PCDD) and transfer any assets and liabilities from the PCDD to the District. The District
has completed all debris removal related activities within the Peace Creek Canal and is
initiating several improvements (restoration) to impaired sections of the system using
funds budgeted by the Governing Board and Peace Basin in FY 2006. 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
43
coordinate with the NRCS on potential land acquisitions that would be integral to water
storage and treatment within the watershed. 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.
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. TBW meet with FDEP
representatives in March to discuss these issues. 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.
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 was completed in December
2005 and results indicate the remediation efforts are technically sound and consistent with
contractual performance requirements. TBW issued a construction notice to proceed on
October 24, 2005 and current project construct activities include modifications to the
DynaSand filters, excavation for the Diatomaceous Earth (DE) filter structure and
demolition of the chemical building. The agreement between TBW and AWP calls for
completion of the desalination facility remediation in October 2006. AWP has filed delay
claims to extend the agreement until November 26, 2006 due to the length of time it took
to receive a building permit from Hillsborough County. TBW originally denied the claim.
Since denial, AWP has requested the claim be heard under the dispute resolution
requirements outlined in their agreement and both parties have agreed to enter into this
process. Additionally, TBW's Board authorized their General Council to offer a settlement
agreement of $18 Million to the defendants in the desalination litigation case. This would
be a full and final settlement by all defendants. TBW's Board also authorized an
alternative settlement agreement if the first settlement was not accepted. The alternative
settlement would be offered to King and Delaware Engineering for $4.5 Million each.
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. It is anticipated that
a final bid package will be distributed in September followed by a notice to proceed with
construction in December 2006. Construction of the Facility Expansion Project (F033) will
occur through three separate contracts. The first contract focuses on site preparation and
an ERP application was submitted to the District on February 28, 2006. Issuance of the
44
notice to proceed for this contract 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
for the construction of an operations center and a notice to proceed with construction is
scheduled for September 2007.
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 this project that
focuses on constructing an interconnection between 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 up to 2 mgd of potable water until the
expansion projects are completed. A request for qualifications was advertised on
February 1, 2006 and a mandatory pre-submittal meeting was held on February 15th. A
shortlist of candidates will be presented to the Authority's Board in April for interviews and
questioning and it is anticipated that a design-build team will be chosen in June 2006. A
possible delay in the project may occur if Charlotte County objects to the construction of
the pipeline within its boundaries.
Integrated Regional Water Supply Water Master Plan
The Authority's Board authorized staff at their February meeting to enter into a contractual
agreement with HDR Engineering to complete the IRWSMP and Regional System
Reliability Model. The IRWSMP will provide a phased approach for the development of
the Authority's new water supply sources, integrate the sources with the Regional Loop
System and develop costs for input into the Authority's 7-year capital improvements
program (CIP). The Regional System Reliability Model will be used to perform the
technical and hydrologic modeling efforts necessary to integrate the new sources into the
regional supply system and support the Authority's CIP.
Other
The Authority's Board directed staff to schedule a workshop to discuss staff restructuring
and the development and ownership of existing and future water supplies.
This item is provided for the Board’s information, and no action is required.
Presenter: Bruce C. Wirth, Deputy Executive Director
45
46
March 28-29, 2006
Routine Report
79. Florida Forever Funding 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
47
Florida Forever Status
Parcel/Project
Florida Forever Funds Available -- Inception to
Date
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)
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)
Lake Pretty - Robinson (14-009-108)
Weekiwachee Preserve - GMB Investments (15773-183)
48
Tampa Bay - Kushmer (11-728-108)
Tampa Bay - Pine Island (21-728-118)
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 - TECO (11-728-110)
Tampa Bay - Huber (21-728-105)
Panasoffkee/Outlet Tract - Lake Panasoffkee
Water Assoc. (19-441-107)
Annutteliga Hammock - Kalathakis (15-228-1268)
Green Swamp - Davis (10-200-1238)
Lake Manatee Lower Watershed - Strickland (21601-111C)
Tampa Bay - Shell Pit (11-728-109)
Flying Eagle - Boy Scouts (19-334-133)
03/09/2006
Funds Available
$
Fla Forever
Category
SWUCA
Estimated Cost
Fee
Acres
LTF
Acres
197,332,719
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Restoration land acq
Preservation
Preservation
Preservation
Preservation
Water resource
dev - land acq
Comments
Includes $10.4 million from the Water Management Lands Trust Fund
and $3,182,719 from the P2000 Trust Fund
74,758
205,744
869,732
317,785
42,933
1,188,231
179,200
1,125
10
38
65
54
49
32
3
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
9
9
9
9
9
830,000
254,016
85,036
4,800,000
1,670,269
127
108
40
899
997
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
9
60,000
3
422,000
56
Closed 05/28/2003 - used WMLTF funds
9
82,500
16
Closed 07/18/2003
9
450,000
86
Closed 08/09/2003
1,840,000
4,160,000
525
1,087,200
9,792,677
288
2,981
9
30,500,000
3,535
Closed 11/21/2003
9
1,713,572
2,347
Closed 12/11/2003
9
3,287,657
102
Closed 12/18/2003
Preservation
57,000
6
Closed 08/18/2004
Preservation
Preservation
90,000
10,500
16
25
Closed 09/23/2004
Closed 10/13/2004
Preservation
Preservation
Preservation
Preservation
Water resource
dev - land acq
Preservation
Preservation
9
9
225,180
9
395,672
13,500,000
3,802
Governing
Bd Date
Closed 03/27/2003
5,553
507
Closed 09/24/2003
Closed 09/29/2003
25 Closed 11/16/2004
147
5,484
Closed 12/02/2004
Closed 12/14/2004
Page 1 of 3
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)
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)
SWUCA
9
Estimated Cost
11,250
$
4,900,000
Fee
Acres
15
213
625,139
278,480
309
40
Closed 12/30/2004
Closed 02/09/2005
309,550
62
Closed 02/09/2005
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Preservation
Water resource
dev - land acq
9
3,784,550
7,999,807
2,200
200,000
9
9
$
$
Water resource
dev - land acq
Restoration capital
improvement
49
South Saddle Creek Restoration and Water Quality
Treatment Project
$
3,319
3
20
5,225,000
101,528,763
590
22,610
3,726,950
370
LTF
Acres
Governing
Bd Date
Comments
Closed 12/14/2004 - used P2000 funds
Closed 12/30/2004
1,792 Closed 02/11/2005
Closed 03/18/2005 - used WMLTF & Florida Forever funds
Closed 05/31/2005
Closed 06/01/2005
Closed 08/04/2005
11,679
95,803,956
Lake Hancock - Kent (20-503-107)
Subtotal Parcels/Projects Approved By Board
Subtotal Funds Available
Ongoing Acquisitions/Projects
Fla Forever
Category
Preservation
dev - land acq
9
9
$
13,435,446
$
17,162,396
N/A
Closing scheduled for May 2006
N/A
370
Aug-05
Funds encumbered
-
78,641,560
9
2,036
Owner filed inverse condemnation lawsuit against District; first
mediation did not result in settlement; Office of General Counsel
considering options
9
1,900
Owner declined offer
Lake Hancock - Hampton (20-503-103)
Upper Peace River - Clear Springs, LLC (20-502107)
Water resource
dev - land acq
Water resource
dev - land acq
Flying Eagle - Keough (19-334-137)
Preservation
10
Green Swamp East - Overstreet (10-200-1145)
Preservation
5,000
Green Swamp West - Hawk Ranch (19-410-119C)
Preservation
Lake Panasoffkee - Patterson (19-528-112)
Preservation
1
Lake Panasoffkee - Chandler (19-528-142)
Preservation
120
TBD
Made offer; awaiting landowner's response
Jun-06
Joint acquisition with Polk Co and State; scheduled for April Boards
Apr-06
Made offer; awaiting landowner's response
Jun-06
Made offer; owner's counter-offer below appraised value
Jun-06
Appraisals received
Jun-06
70
50/50 partnership with Hillsborough County; County purchased parcel,
District will close with County in July
Jun-06
485
Lower Hillsborough FDA - inholding (13-300-110)
TBD
Lower Manatee River Floodway - Bowman (21-601102)
Preservation
9
12
Owner will not discuss until after 07/2006
TBD
Lower Manatee River Floodway - Riggs National
Property Co. (21-601-103)
Preservation
9
26
Planned for development
TBD
03/09/2006
Page 2 of 3
Fla Forever
Funds Available
Category
Parcel/Project
Lower Manatee River Floodway - Knowles (21-601104)
Preservation
Lower Manatee River Floodway - Stewart (21-601105)
Lower Manatee River Floodway - Knowles (21-601106)
Lower Manatee River Floodway - Williams (21-601107)
Lower Manatee River Floodway - Grindler (21-601108)
SWUCA
Estimated Cost
Fee
Acres
9
7
Preservation
9
34
Preservation
9
7
Preservation
9
Preservation
9
LTF
Acres
Governing
Bd Date
Comments
Letter sent to owner to determine their interest in selling; no response
TBD
Owner not interested in selling; requested no further contact
TBD
TBD
11
TBD
40
Letter sent to owner to determine their interest in selling; owners'
attorney responded
TBD
Letter sent to owner to determine their interest in selling; not interested
in selling
TBD
Lower Manatee River Floodway - Hartzell (21-601109)
Preservation
9
8
Lower Manatee River Floodway - Green (21-601110)
Preservation
9
43
TBD
21
Owner not interested in selling at this time; future government sale
contingent on preservation of historic home
TBD
Lower Manatee River Floodway - Potter (21-601111)
Preservation
Potts Preserve - Goodgame (19-484-123)
Subtotal Ongoing Acquisitions/Projects
Grand Total
9
Preservation
$
5,702,560
$
72,939,000
20
9,366
485
Made offer; owner obtaining an appraisal
$
191,630,159
32,346
12,164
Jun-06
50
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.
03/09/2006
Page 3 of 3
March 28-29, 2006
Routine Report
80. Land Resources Department Significant Activities
Fire Management (District-wide) – Staff completed approximately 8,852 acres of
prescribed burning during fiscal year 2006 on 13 District conservation lands.
Awards (District-wide) – The District received three awards (formal presentation
scheduled for the April Governing Board meeting) from the Wheelin’ Sportsmen – National
Wild Turkey Federation (NWTF) during the organization’s 30th Annual Convention in
Nashville, Tennessee and later at a banquet in Wildwood, Florida. The Wheelin’
Sportsmen facilitate outdoor events for the disabled throughout the United States. The
District has entered into a partnership with the Wheelin’ Sportsmen – NWTF which
provides opportunities for disabled individuals to participate in planned events on Districtmanaged lands. To that end, after a successful pilot program in 2004–2005, in June of
2005 the District entered into a five-year agreement with the Wheelin' Sportsmen – NWTF
to hold seven events per year. These events include six hunting and one fishing event.
The awards received include:
x Wheelin Sportsmen – National Wild Turkey Federation, 2005 Agency Achievement
Award. This is a national award in “Recognition of the District’s Commitment to Providing
Outdoor Activity for Disabled Participants”.
x National Wild Turkey Federation – Patron Life Sponsor – Southwest Florida Water
Management District – “In Appreciation of Special Contributions to The National Wild
Turkey Federation”.
x Wheelin' Sportsmen – NWTF – Presented to Southwest Florida Water Management
District – With gratitude for your partnership with Wheelin’ Sportsmen – NWTF –
"Dedicated To Providing All People With Disabilities The Opportunity To Enjoy The
Great outdoors”.
Partnerships (District-wide) – Land Resources continues to work towards the strategic
goal of strengthening and coordinating with the numerous partners in land protection. One
of our strongest partnerships has been with local governments that have land protection
programs. Staff has held coordination meetings with Hernando, Hillsborough, Sarasota,
Manatee, and Pasco Counties. The purpose of the coordination meetings is to establish
mutual priorities in land protection efforts. In addition to these coordination meetings, Land
Resources staff made a presentation to the recently formed Pasco County Environmental
Lands Acquisition Selection Committee on March 8. Staff provided an overview of the
District’s mission, procedures and results with regards to protecting conservation lands.
The committee had numerous questions with regards to project selection and best
practices utilized in public land acquisition programs.
51
52
March 28-29, 2006
Routine Report
81. Minimum Flows and Levels
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 presented for the Board's information, and no action is required.
Presenter:
Martin H. Kelly, Ph.D., Manager
Resource Conservation & Development Department
53
54
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
2005
Citrus County Lake
Tsala Apopka
Highland County Lakes
June-in-Winter
Placid
Hillsborough County Lakes
Allen
Harvey
Virginia
Levy County Lake
Marion
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
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
As of March 1, 2006
55
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
As of March 1, 2006
56
March 28-29, 2006
Routine Report
82. Executive Summary of Hydrologic Conditions for February 2006
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 in February were above normal for the northern
and central regions, and District-wide, while they were within the normal range for the
southern region. 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.
x The northern region received an average of 4.29 inches of rainfall, equivalent to the 79th
percentile.
x The central region received 5.12 inches of rainfall, equivalent to the 87th percentile.
x The southern region recorded an average of 3.04 inches of rain, equivalent to the 62nd
percentile.
x The District-wide rainfall average was 4.08 inches, equivalent to the 78th percentile.
Streamflow
In February, streamflow increased in all regions of the District and remained within the
normal range for those rivers referenced below. Normal streamflow is defined as falling
between the 25th and 75th percentiles.
x The average streamflow at the Withlacoochee River near Holder station in the northern
region was in the 63rd percentile.
x The average streamflow measured at the Hillsborough River near Zephyrhills station in
the central region was in the 73rd percentile.
x The average streamflow measured at the Peace River at Arcadia station in the southern
region was in the 61st percentile.
Groundwater Levels
Groundwater levels in the Floridan aquifer were within the normal range for all regions
during February.
x The average groundwater level in the northern region increased 0.31 foot and was 3.05
feet above the bottom of the monthly normal range of historical values. The normal
range in the northern region is 0 to 4 feet.
57
x The average groundwater level in the central region increased 0.56 foot and was 1.58
feet above the bottom of the normal range. The normal range in the central region is 0
to 6 feet.
x The average groundwater level in the southern region decreased 0.81 foot but ended the
month 7.47 feet above the bottom of the normal range. The normal range in the
southern region is 0 to 8 feet.
Lake Levels
Average lake levels in February were within the normal range for all 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).
x Average levels in the northern region increased 0.06 foot and were 0.25 foot above the
MLM level.
x Average lake levels in the Tampa Bay region increased 0.40 foot and were 0.92 foot
above the MLM level.
x Average lake levels in the Polk Uplands region increased 0.05 foot and were 2.00 feet
above the MLM level.
x Average lake levels in the Lake Wales Ridge region decreased 0.09 foot, but were 1.44
feet above the MLM level.
Issues of Significance
The District is now five months into the annual dry season (October through May). A
significant two-day rainfall event on February 3–4 delivered most of the rain received
during the month. Staff provided details of this rainfall event and its impacts at the
February Governing Board meeting. The above normal rainfall contributed to an increase
in water levels in most hydrologic indicators, improving the overall water resource
conditions of the District. Additionally, with above average rainfall for the 12-month period
ending in February, the water resources remain in a relatively healthy state. As of March
7, current NOAA climate forecasts are predicting below-normal rainfall conditions for the
remainder of the dry season, with the possibility of drought development. New forecasts
will be made available in mid-March that might be significantly different from these
predictions. Despite this uncertainty, surface water supplies are full and hydrologic
indicators are all positive as we enter the final three months of the dry season.
This item is provided for the Board's information only, and no action is required.
Presenter: Granville Kinsman, Manager, Hydrologic Data Section
58
March 28-29, 2006
Routine Report
83. Structure Operations Status Report
On February 3, 2006 the District experienced a unique weather event, which created
extremely high amounts of localized precipitation. Several major District water control
structures such as the Tampa Bypass Canal, Lake Tarpon Structure, the Inglis Main and
Bypass Dams and G90 Structure in Highlands County had to be operated in response to
this unusual event. The remainder of February saw a return to the normal pattern of cold
fronts migrating across the District producing minimal amounts of precipitation. The
majority of the District’s water control structures currently 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 February is as follows:
x Inglis Water Control Structures: The Inglis Main Dam was operated to maintain the water
level of Lake Rousseau. The Inglis Main Dam gates where opened to 1.5 feet from
February 3 thru February 4 during the rain event. The Inglis Bypass Spillway gates
remained open at 3.9 feet NGVD for the entire moth of February. Average monthly water
level for Lake Rousseau was 27.64 feet NGVD.
x Withlacoochee River Basin: All of the structures on the Tsala Apopka chain of lakes
remained closed during the month of February. At the Leslie Heifner Structure, the level
on the Floral City Pool is currently 0.69 feet higher than the level of the Withlacoochee
River. Typically, when river levels rise above the level of the Floral City Pool, the
structure is operated to allow water to flow into the Tsala Apopka lake system.
x Alafia River Basin: The environmental gate at the Medard Reservoir Structure remained
open three inches over February, maintaining levels on the reservoir and providing flow
to the Little Alafia.
x Hillsborough River Basin: Structures S-161, S-162, and S-160 were operated February 3
for 3 hours (17:00 hrs to 20:00 hrs) to divert 1000 cfs of water from the Tampa Reservoir
and Dam. The Flint Creek Structure had both gates opened an average of 1.4 feet from
February 3 to February 7, maintaining the level of Lake Thonotosassa. Average monthly
water level for Lake Thonotosassa was 35.63 feet NGVD.
x Pinellas-Anclote River Basin: The main gates on the Lake Tarpon Structure (S-551)
were raised to 5 feet NGVD February 3 thru February 4, maintaining the level of Lake
Tarpon. The weir gates on the Lake Tarpon Structure (S-551) remain at 3.1 feet to
maximize water levels. Average monthly water level for Lake Tarpon was 3.14 feet
NGVD.
59
x Northwest Hillsborough River Basin:
Lake Armistead, Lake Pretty, Ellen-Lipsey, and
Bay structures were operated February 3 thru February 4 during the heavy rainfall event
discharging runoff from Rocky Creek and Sweetwater Creek watersheds. All structures
remained closed for the remainder of the month of February.
x Peace River Basin: Both gates on Structure G-90 in Highlands County were opened
.3 feet from February 5 thru February 11, maintaining the water level of Lake June-inWinter. Gates remained closed and no operations were conducted for the remainder of
February. Average monthly water level for Lake June-in-Winter was 74.55 feet NGVD.
See Exhibit
This item is provided for the Board's information only and no action is required.
Presenter: Dale Ravencraft, Structure Operations Manager
60
STRUCTURE OPERATIONS SECTION HYDROLOGIC REPORT
March 7, 2006
ELEVATION
DIFFERENCE
STRUCTURE
FLINT CREEK
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
37.00
36.50
36.25
34.50
-1.18
-0.68
-0.43
1.32
KELL
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
66.00
65.50
63.50
-0.56
-0.06
1.94
-0.71
-0.21
1.79
STEMPER
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
62.00
61.25
59.50
-1.00
-0.25
1.50
ANNE PARKER
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
62.50
61.75
59.50
60.00
-1.43
-0.68
1.57
59.53
Gate Open 3"
-0.72
-0.12
0.88
-1.72
-1.22
1.28
-1.48
-1.23
0.77
ELLEN-LIPSEY
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
CARROLL
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
18" of stop log installed
Main gates closed
All Drops at 3.10'
5-6" logs
CREST = 33.94' MSL
invert 32.94'
40.52
invert 37.2'
-1.63
-1.13
0.87
invert 38.5'
50.00
49.50
47.50
-0.99
0.01
1.76
-1.13
-0.63
1.37
Main Gates Closed
Drops Closed
invert 38.0'
48.87
48.90
invert 45.6'
Lake gauge
Structure gauge
Gates closed
45.60
46.75
46.00
44.00
41.50
41.00
39.00
-1.15
-0.40
1.60
-1.06
-0.56
1.44
-1.01
-0.51
1.49
ARMISTEAD
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
44.00
43.00
40.50
-2.94
-1.94
0.56
HILLSBOROUGH RIVER
MORRIS BRIDGE
FOWLER
Flood Stage
32.00
29.00
-6.86
-6.42
WITHLACOOCHEE R.
TRILBY
CROOM
HIGHWAY. 48
LAKE PANASOFFKEE
HOLDER
Flood Stage
61.27
47.94
-9.64
-5.14
40.70
35.52
-0.97
-5.68
ANCLOTE RIVER
ELFERS
Flood Stage
20.00
40.44
40.61
invert 37.6'
Structure Gauge
Lake Gauge
Gates Closed
Drops: 40.62 - Stems 13.5"
39.00
38.75
38.50
36.75
35.00
-0.84
-0.59
-0.34
1.41
-6.85
39.44
Brogden Bridge closed
Bryant Slough gates closed
Brogden Bridge
invert 34.25'
38.16
S-353
invert 36.5'
Van Ness closed
S-353 gates closed
28.15
40.40
41.08
42.50
42.25
41.50
40.25
-2.10
-1.85
-1.10
0.15
39.50
0.04
INGLIS
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
28.00
27.50
26.50
-0.42
0.08
1.08
invert 11.3'
LAKE BRADLEY
MAXIMUM DESIRABLE
42.50
-1.42
41.08
LAKE CONSUELLA
MAXIMUM DESIRABLE
41.50
-2.50
Upstream (RIVER level)
Downstream (POOL level)
Gate Closed
invert 35.0'
39.54
36.66
Gates up
27.58
99.00
98.50
96.00
0.26
0.76
3.26
By-pass gates open 3.90'
Main gates open 0.30'
2094 cfs total flow
39.00
99.26
98.63
invert 91.7'
HENRY (P5)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
126.50
126.00
124.00
-1.26
-0.76
1.24
SMART (P6)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
128.75
128.50
126.50
-0.36
-0.11
1.89
FANNIE (P7)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
125.75
125.50
123.50
-0.43
-0.18
1.82
HAMILTON (P8)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
121.50
121.25
119.00
-0.36
-0.11
2.14
LENA (P1)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW MANAGEMENT
137.00
136.75
134.50
-1.46
-1.21
1.04
JUNE-IN-WINTER (G90)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
75.50
75.00
73.00
-1.02
-0.52
1.48
ARIETTA (P3)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
144.00
142.50
141.00
-2.31
-0.81
0.69
GIBSON
HIGH LEVEL
MAXIMUM DESIRABLE
Low Level
143.50
143.00
141.50
-0.69
-0.19
1.31
PARKER
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
131.00
130.75
128.75
-0.43
-0.18
1.82
invert 129.15'
PEACE RIVER
BARTOW
ZOLFO SPRINGS
ARCADIA
Flood Stage
8.00
16.00
11.00
-3.89
-10.25
-8.32
4.11
5.75
2.68
LITTLE MANATEE RIVER
WIMAUMA
Flood Stage
11.00
-8.36
2.64
Gauge at structure
Gauge on lake
One Gate Open 3 degrees
125.24
LRLMD
invert 122.0'
128.39
LRLMD
invert 127.2'
125.32
LRLMD
invert 119.5'
121.14
LRLMD
invert 110.5'
135.54
Gates closed
invert 134.47'
74.48
Gates closed
Overflow at 74.40' MSL
invert 65.37'
141.69
Gate closed
invert 137.4'
142.81
Gate closed
Stop log bays at 143.00' crest
invert 141.4'
invert 34.17'
41.06
-12.02
HERNANDO POOL (S353)
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
Two Mile Prairie (max)
Leslie Heifner closed
Floral City closed
Golf Course closed
Moccasin slough closed
Gates closed
invert 44.0'
35.99
37.00
36.50
34.50
-1.06
-0.81
-0.31
1.19
Golf Course
invert 38.0'
Gates closed
invert 35.0'
crest 41.25'
44.51
45.50
44.50
42.75
41.04
Gate closed
39.87
41.50
41.00
39.00
40.50
40.25
39.75
38.25
POSITION OF
STRUCTURE
Gates Closed
41.21
-1.29
-0.79
1.21
INVERNESS POOL
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
HANCOCK (P11)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
invert 46.40'
35.27
42.50
42.00
40.00
-1.46
-1.21
-0.46
0.79
WYSONG-COOGLER
UPSTREAM
DOWNSTREAM
47.03
48.75
48.25
45.75
42.50
42.25
41.50
40.25
LESLIE HEIFNER
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
3.08
3.80
3.20
2.20
FLORAL CITY POOL
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
CURRENT
LEVEL
invert 60.28'
-0.47
42.00
41.75
39.75
BAY
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
Two 4" logs installed
invert 60.25'
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
3.32
-1.23
-0.73
-0.48
1.27
PRETTY
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
invert 64.66'
-4.68
36.50
36.00
35.75
34.00
ISLAND FORD
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
Open
No logs
61.07
WHITE TROUT
HIGH LEVEL
MAXIMUM DESIRABLE
SCHEDULE
LOW LEVEL
CRESCENT
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
invert 32.9'
61.00
CYPRESS CREEK
Flood Stage
WORTHINGTON GARDENS
8.00
TARPON (S551)
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
Gates closed
All drop gates: 36.00' MSL
62.29
ELEVATION
DIFFERENCE
STRUCTURE
65.44
63.00
62.50
60.50
MEDARD RESERVOIR
MAXIMUM DESIRABLE
POSITION OF
STRUCTURE
35.82
KEENE
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
HANNA
HIGH LEVEL
MAXIMUM DESIRABLE
LOW LEVEL
CURRENT
LEVEL
130.57
Gate closed
Gate Closed
25.14
22.58
S-155 is open
51.63
42.80
40.44
39.73
29.84
ALAFIA RIVER
LITHIA
Flood Stage
13.00
-9.65
3.35
MYAKKA RIVER
MYAKKA STATE PARK
Flood Stage
7.00
-4.22
2.78
7.98
MANATEE RIVER
MYAKKA HEAD
Flood Stage
11.00
-8.61
2.39
61
62
Lake Tarpon, S-551
145.00
5.50
144.50
5.00
144.00
4.50
Water Surface Elevation
Lake Gibson
143.50
143.00
142.50
142.00
141.50
141.00
140.50
4.00
3.50
3.00
2.50
2.00
1.50
1.00
140.00
0.50
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
1-May
1-Apr
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
Daily Average Values 2005-06
Lake Surface Area = 480 Acres
Low Slab = 144.81'
Structure Gauge Datum = 100.00'
Lake Gauge Datum = 135.00 MSL
SCADA Device Number 2427
63
Lake Level
Low Mgmt.
Max. Desirable
High Level
10 yr. Flood
Lake Surface Area =2,534
SCADA Device # 6491
Lake Level
Low Mgmt.
Max. Desirable
Lake Thonotosassa
49.50
Water Surface Elevation Above M.S.L.
39.00
38.50
10 yr. Flood
Lake Anne Parker
39.50
38.00
37.50
37.00
36.50
36.00
35.50
35.00
34.50
49.00
48.50
48.00
47.50
47.00
46.50
46.00
45.50
45.00
34.00
1-Apr
High Level
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Apr
1-Mar
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
Low Mgmt.
Max. Desirable
High Level
Lake Schedule
10 yr. Flood
1-Dec
1-Jan
1-Feb
1-Mar
Low Slab = 40.09'
SCADA Device Number: 8491
Low Slab = 39.0'
Flint Creek Gauge Datum = 32.16
SCADA Device #6807
Lake Level
1-Nov
Lake Level
Low Mgmt.
Max. Desirable
High Level
10 yr. Flood
Lake Keene
64.00
63.00
63.50
62.50
63.00
Lake Hanna
63.50
62.00
61.50
61.00
60.50
60.00
62.50
62.00
61.50
61.00
60.50
60.00
59.50
59.50
59.00
59.00
58.50
1-Apr
Apr-05
May-05
Jun-05
Jul-05
Aug-05
Sep-05
Oct-05
Nov-05
Dec-05
Jan-06
Feb-06
Lake Level
Low Mgmt.
Max. Desirable
High Level
1-May
1-Jun
1-Jul
Mar-06
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
Low Slab = 63.68'
SCADA Device #7531
10 yr. Flood
Lake Level
Low Mgmt.
Max. Desirable
High Level
10 yr. Flood
64
Lake Stemper
67.50
63.00
67.00
62.50
66.50
62.00
Lake Kell
66.00
65.50
65.00
64.50
64.00
63.50
61.00
60.50
60.00
59.50
59.00
63.00
58.50
62.50
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
Level
61.50
Low Mgmt
Max. Desired
High Level
10 Yr. Flood
1-Dec
1-Jan
1-Feb
1-Mar
Low Slab = 68.09'
Lake Gauge Datum = 54.45' MSL
SCADA #1981
58.00
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
Lake Level
Low Mgmt
Max. Desirable
High Level
10 yr. Flood
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
Lake Surface Area = 58.32 Acres
Low Slab = 63.70
SCADA Device # 2067
Bay Lake
Lake Carroll
48.0
38.50
47.5
38.00
37.50
47.0
46.5
46.0
45.5
45.0
44.5
44.0
37.00
36.50
36.00
35.50
35.00
34.50
43.5
34.00
43.0
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
33.50
1-Apr
1-May
1-Jun
1-Jul
Lake Surface area = 37 Acres
Low Slab = 47.80'
Structure Gauge Datum = Direct Read
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
Lake auge Datum = Direct Read
SCADA Device Number = 1647
Level
Low Mgmt.
Max. Desired
High Level
10 yr. Flood
Lake Level
Low Mgmt
Max. Desirable
65
44.50
1-Mar
10 yr.Flood
43.00
44.00
42.50
43.50
42.00
43.00
Water Surface Elevation in Feet above (MSL)
1-Feb
Lake Island Ford
Crescent Lake
42.50
42.00
41.50
41.00
40.50
40.00
41.50
41.00
40.50
40.00
39.50
39.00
39.50
38.50
39.00
38.00
38.50
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
Level
High Level
1-Jan
Low Slab = 39.50'
Low Mgmt
Max. Desired
High Level
10 yr. Flood
1-Dec
1-Jan
1-Feb
1-Mar
Low Slab = 44.63'
Structure Gauge Datum = Direct
Read
Lake Gauge Datum = Direct Read
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
Low Slab = 42.64
SCADA Device number = 1621
WSE
LOW MGMT
MAX. DES.
High Level
10 yr. Flood
Lake Keystone
Lakes Ellen and Lipsey
43.50
42.50
43.00
42.00
42.50
41.50
42.00
41.50
41.00
40.50
40.00
39.50
41.00
40.50
40.00
39.50
39.00
39.00
38.50
38.50
38.00
38.00
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
Lake Level
Low Mgmt.
Max. Desirable
High Level
1-Jan
1-Feb
37.50
1-Mar
1-Apr
10 yr. Flood
1-May
1-Jun
1-Jul
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
Low Slab = 42.35'
Lipsey WSE
Lake Ellen
High Level
66
Lake Magdalene
Max. Des.
Min. Flood
Lake Pretty
51.00
47.50
50.50
47.00
46.50
50.00
46.00
49.50
1-Aug
Low Slab = 43.53'
49.00
48.50
48.00
47.50
45.50
45.00
44.50
44.00
43.50
43.00
47.00
42.50
46.50
42.00
46.00
1-Apr
41.50
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
Low Slab = 51.80'
Structure Gauge Datum = 45.52
Structure Level
Lake Level
Low Mgmt
Max. Desired
High Level
10 yr. Flood
1-Oct
1-Nov
Level
Low Mgmt
Max. Desired
High Level
10 Yr. Flood
1-Dec
1-Jan
1-Feb
1-Mar
(Pretty, Rock, Josephine combined)
Low Slab = 47.10'
SCADA Device #1967
Lake Lowery
Lake White Trout
38.50
132.00
38.00
131.50
37.50
37.00
36.50
36.00
35.50
35.00
34.50
34.00
131.00
130.50
130.00
129.50
129.00
128.50
33.50
128.00
33.00
32.50
127.50
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
Level
Low Mgmt
Max. Desired
High Level
10 yr. Flood
1-Feb
1-Mar
1-Apr
1-May
1-Jun
1-Jul
Schedule
67
Lake Level
1-Oct
1-Nov
1-Dec
1-Jan
Low Mgmt.
Max. Desirable
1-Feb
1-Mar
Low Slab = 131.61
High Level
Lake Arietta (P-3)
29.50
144.50
29.00
144.00
28.50
143.50
1-Sep
Lake Rousseau
28.00
27.50
27.00
26.50
26.00
25.50
143.00
142.50
142.00
141.50
141.00
140.50
25.00
140.00
24.50
1-Apr
1-Aug
Low Slab = 39.41'
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
139.50
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
Structure Gauge Datum = 10.00
Lake Level
Low Mgmt.
Max. Desirable
High Level
1-Dec
1-Jan
1-Feb
1-Mar
Lake Gauge Datum = 100.00'
Inverness Pool
Hernando Pool
40.50
42.00
40.00
41.50
41.00
39.50
39.00
38.50
38.00
37.50
37.00
40.50
40.00
39.50
39.00
38.50
36.50
38.00
36.00
37.50
35.50
37.00
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Apr
1-Mar
1-May
1-Jun
1-Jul
1-Aug
Lake Level
Low Mgmt.
Max. Desirable
High Level
10 yr. Flood
Lake Schedule
Low Slab = 40.47'
SCADA # 2047
Level
Low Mgmt
Max. Desirable
High Level
68
43.50
44.50
43.00
44.00
Water Surface Elevation in Feet Above
M.S.L.
45.00
43.50
43.00
42.50
42.00
41.50
41.00
40.50
40.00
1-Oct
1-Nov
Downsream Level
Low Mgmt.
Max.Desirable
High Level
Lake Schedule
Schedule
40.00
39.50
1-Dec
1-Jan
1-Feb
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
1-Mar
Upstream Level
1-Mar
40.50
1-Apr
1-Sep
1-Feb
Low Slab = 42.54'
SCADA # 2027
41.00
38.50
38.50
1-Aug
10 Yr. Flood
1-Jan
41.50
39.00
1-Jul
1-Dec
42.00
39.00
1-Jun
1-Nov
42.50
39.50
1-May
1-Oct
Floral City Pool
Leslie Heifner
1-Apr
1-Sep
Low Slab = 47.80'
SCADA Device #6767 & #6766
Level
Low Mgmt
Max. Desired
High Level
10 Yr. Flood
Schedule
Low Slab = 44.10'
SCADA #2007
Lake Hamilton (P8)
Lake Fannie (P-7)
124.50
127.50
124.00
127.00
123.50
128.00
126.50
126.00
125.50
125.00
124.50
123.00
122.50
122.00
121.50
121.00
120.50
120.00
124.00
119.50
123.50
119.00
118.50
123.00
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
Lake Level
Low Mgmt.
Max. Desirable
High Level
1-Jan
1-Feb
1-Apr
1-Mar
1-May
1-Jun
1-Jul
69
Low Slab = 127.60'
SCADA Device #2187
Level
10 Yr. Flood
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
Max. Desired
Low Mgmt
High Level
Lake Surface Area = 2,640 Acres
10 Yr. Flood
Lake Henry (P-5)
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
128.00
127.50
1-Sep
Lake Hancock (P-11)
1-Apr
1-Aug
127.00
126.50
126.00
125.50
125.00
124.50
124.00
123.50
123.00
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
1-Apr
1-May
1-Jun
1-Jul
Gauge at Structure
Lake Level
Low Mgmt.
Max Desirable
High Level
10 yr. Flood
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
SCADA Device Number = 1767 & 4087
Structure Gauge Datum = 100.00' MSL
S.R. Gauge Datum = 120.00' MSL
Level
Low Mgmt.
Max. Desired
High Level
10 Yr. Flood
Lake June-in-Winter (G-90)
138.00
77.00
137.50
76.50
137.00
76.00
Lake Lena (P-1)
136.50
136.00
135.50
135.00
134.50
134.00
75.00
74.50
74.00
73.50
73.00
72.50
133.50
72.00
133.00
1-Apr
1-Apr
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
Lake Level
75.50
Low Mgmt.
Max. Desirable
High Level
1-Jan
1-Feb
1-May
1-Jun
1-Jul
70
Lake Level
10 yr. Flood
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
SCADA Device Number=6136
Low Mgmt.
Max. Desirable
High Level
10 yr. Flood
Lake Smart (P-6)
130.50
132.50
130.00
132.00
129.50
1-Oct
Lake Gauge Datum = 132.12
133.00
131.50
131.00
130.50
130.00
129.50
129.00
128.50
128.00
127.50
127.00
129.00
126.50
128.50
126.00
128.00
125.50
1-May
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
1-Dec
1-Jan
1-Feb
1-Mar
1-Apr
1-May
Lake Level
1-Sep
Lake Parker
1-Apr
1-Aug
1-Mar
Low Mgmt.
Max. Desirable
High Level
10 yr. Flood
1-Jun
1-Jul
1-Aug
1-Sep
1-Oct
1-Nov
Lake Level
Low Mgmt
Max. desirable
High Level
10 Yr. Flood
1-Dec
1-Jan
1-Feb
1-Mar
Low Slab = 131.43'
March 28-29, 2006
Routine Report
84. Fiscal Year 2007 Budget Development Process
Purpose
Provide the Finance and Administration Committee with an update on the fiscal year 2007
(FY2007) budget development process.
Background
The FY2007 budget development process began in November 2005, with the Governing
Board's acceptance of the FY2007 Budget Strategic Priorities and General Budget
Preparation Assumptions. Training on budget preparation and the Budget Reporting and
Analysis Support System (BRASS) began on January 18. Following training, staff began
to develop the FY2007 budget requests. The first budget requests were due on
February 17, with the final requests due on March 3. During March, Executive and Budget
staff will work with departments to finalize the budget requests. Also, during March, a
preliminary budget will be prepared for each Basin to be presented at the April Basin
Board meetings.
The proposed Five-Year Capital Improvements Plan and the Information Resources
Department proposed Five-Year Plan will be presented to this Committee in April. The
staff budget development process will culminate on May 30 when the Recommended
Annual Service Budget is presented to the Governing Board at the annual budget
workshop. From that point, monthly updates will be provided to the Governing Board for
approval prior to inclusion in the District's budget.
In discussions with the Executive Office of the Governor, the District has been advised to
continue the budget process established in prior years, and to dedicate growth in
ad valorem revenue to critical water projects that will most efficiently meet the water
resource, supply and restoration needs of the District. This is consistent with the approved
budget development guidelines for FY2007.
Budget development is on schedule with the FY2007 budget calendar. A copy is provided
for reference.
See Exhibit
Presenter:Linda R. Pilcher, Assistant Finance Director, Finance Department
71
Fiscal Year 2007 Budget Calendar
Rev. 03/02/06
DATES
ACTIVITY
RESPONSIBILITY
October
FY2007 Cooperative Funding Meetings
Staff/Prospective Cooperators/Public
November 30December 1, 2005
December 2
December 1-31
December 1-31
Governing Board Review FY2007 Budget Development Process
Approve 2006 Strategic Plan
FY2007 Cooperative Funding Applications Due
Review FY2007 Cooperative Funding Applications
Develop FY2007 Budget Preparation Guidelines
Governing Board/Budget/Public
Planning/Governing Board
Prospective Cooperators
Staff
Executive/Budget
January 1-31
January 4, 2006
Evaluate FY2007 Cooperative Funding Applications
FY2006 First Quarter Financial Report & Planning Forecast
Staff
Directors/Budget
Beginning January 18
Budget Preparation and BRASS Software Training
Distribute FY2007 Budget Preparation Guidelines
Budget/Financial Systems/Staff
Budget
February
February
February 17
February 24
Rank FY2007 Cooperative Funding Applications
Basin Boards Review Cooperative Funding Applications
Recurring Budget Requests and Staff Resource Allocations Due
New and Non-Recurring Budget Requests Due
Staff
Basin Boards
Directors
Directors
March 3
March 3
Capital Improvements Plan (CIP) Requirements Due
General Services and Information Resources Departments
New and Non-Recurring Budget Requests Due
Preliminary Budget Summary
Executive Review of Budget Submissions
Departmental Follow-up Review (Executive Adjustments)
Directors
Directors
March 10
March 13-17
March 20-24
Executive/Budget
Executive/Budget/Directors
Executive/Budget/Directors
------------------------------------------------------------------------------------------------------------April
April 6
April 10
April 24-28
April 28
Basin Boards Review Preliminary Budgets
FY2006 Second Quarter Financial Report & Planning Forecast
Executive Budget Summary (All Funds)
Final Executive Review of Recommended Combined FY2007 Budget
Picture-In-Time for May Budget Workshop
Basin Boards
Directors/Budget
Executive/Budget
Executive/Budget
Budget
May 30
Budget Workshop (FY2007 Recommended Annual Service Budget)
Governing Board
June
June 27
Basin Boards
Executive/Budget/Governing Board
June 27
June 30
Basin Boards Review Tentative Budgets and Adopt Proposed Millage Rates
FY2007 Budget Update
Governing Board Review Tentative Budget for Submission to Governor
Adopt Proposed Millage Rates for General Fund and Basins
Picture-In-Time for August 1 Tentative Budget Submission
July 1-14
July 6
July 25
Certification of Property Values
FY2006 Third Quarter Financial Report & Planning Forecast
Property Appraisers/Budget
Directors/Budget
August 1
Budget
August
August 4
August
August 29
Submit Standard Format Tentative Budget to Governor,
President of the Senate, Speaker of the House,
Legislative Committee Chairs, Secretary of the Department of
Environmental Protection, and each County Commission
Basin Boards Adopt Final Millage Rates and Budgets
Submit Proposed Millage Rates to Property Appraisers
Executive Office of the Governor (EOG) Budget Review
Basin Boards
Budget
EOG/Executive/Budget
September 5
September 12
September 19
September 21-24
September 26
September 29
House and Senate Appropriations Chair Comments Due
Public Hearing (Tentative Budget) - Tampa Service Office
EOG Budget Review Comments Due
Advertise Millage Rates and Budget
Public Hearing (Final Budget) - District Headquarters Brooksville
Forward Resolution to Property Appraisers and Tax Collectors
Legislature
Governing Board
EOG
Budget
Governing Board
Budget
October 6
October 26
Issue FY2007 Budget in Brief Report
Certify Compliance to Department of Revenue
Budget
Budget
December 15
December 31
Report on Water Management District Expenditures
Certify Compliance to Department of Financial Services
EOG
Budget
March 1, 2007
Submit Consolidated Water Management District Annual Report
(including the Five-Year CIP) to Governor, President of the Senate,
Speaker of the House, Legislative Committee Chairs, Secretary of the
Department of Environmental Protection, and each County Commission
Planning/Budget
72
Governing Board
Budget
March 28-29, 2006
Routine Report
85. Treasurer's Report, Payment Register, and Contingency Reserves Report
Purpose
Presentation of the Treasurer's Report, Payment Register, and Contingency Reserves
Report.
Background
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
February 28, 2006, which reflects total cash and investments at a market value of
$461,641,757.
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
Supplemental Professional Engineering Consultant Services
for Regulation Division
127,550
February 21, 2006
$4,350,102
BALANCE:
See Exhibit
These items are provided for the Board's information, and no action is required.
Presenter:
Daryl F. Pokrana, Director, Finance Department
73
74
TREASURER'S REPORT TO THE GOVERNING BOARD
February 28, 2006
AGENCY SECURITIES
EFFECTIVE
CUSIP
INTEREST
NUMBER
RATE
CALLABLE/
BULLET
PURCHASE
DATE
Callable
09/27/2005
MATURITY
DATE
DURATION (YRS)
OF SECURITY
DAYS TO
MATURITY
03/27/2008
2.50
758
PURCHASE
COST
MARKET
VALUE
ACCRUED
INTEREST
% OF
PORTFOLIO
FEDERAL FARM CREDIT
31331vae6
4.54
TOTAL FEDERAL FARM CREDIT
$
10,000,000
$
9,978,000
$
190,428
$
10,000,000
$
9,978,000
$
190,428
$
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
$
9,932,773
9,932,773
9,925,000
9,922,758
9,917,459
9,893,050
9,893,510
8,933,820
9,623,177
9,910,000
9,920,000
9,839,344
9,900,000
6,999,561
9,871,831
$
50,139
50,139
45,000
42,167
37,889
18,917
9,722
144,255
140,756
125,000
4,611
118,992
88,069
72,201
70,833
$
145,830,000
$
144,415,056
$
1,018,690
$
10,000,000
$
9,825,000
$
90,467
$
10,000,000
$
9,825,000
$
90,467
2.15
$
165,830,000
$
164,218,056
$
1,299,585
35.72
2.15
FEDERAL HOME LOAN BANK
3133myzf70
3133myzf71
31339xfc3
31339xf90
31339xk94
31339ynq1
3133x02w8
3133xaul9
3133x45n7
3133x4vb4
3133xbrx5
3133xaep8
3133x9gj3
3133xdxn6
3133xc7g2
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
06/12/2003
06/12/2003
06/19/2003
06/19/2003
06/26/2003
07/28/2003
08/14/2003
03/15/2005
03/08/2004
03/29/2004
05/24/2005
02/09/2005
12/03/2004
12/14/2005
06/28/2005
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
Callable
06/12/2006
06/12/2006
06/16/2006
06/19/2006
06/26/2006
07/28/2006
08/14/2006
09/15/2006
03/08/2007
03/28/2007
05/24/2007
11/09/2007
12/03/2007
12/14/2007
12/28/2007
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
104
104
108
111
118
150
167
199
373
393
450
619
643
654
668
75
TOTAL FEDERAL HOME LOAN BANK
31.42
FEDERAL NATIONAL MORTGAGE ASSOCIATION
3136f5pg0
2.76
Callable
04/30/2004
04/30/2007
3.00
TOTAL FEDERAL NATIONAL MORTGAGE ASSOCIATION
TOTAL AGENCY SECURITIES
426
STATE BOARD OF ADMINISTRATION (SBA) ACCOUNTS
ACCOUNT
NUMBER
271413
271411
271412
271414
271415
271416
ACCOUNT
DESCRIPTION
EFFECTIVE
INTEREST
RATE
4.56
4.56
4.56
4.56
4.56
4.56
PURCHASE
COST
MARKET
VALUE
ACCRUED
INTEREST
% OF
PORTFOLIO
$
270,235,309
932,979
15,028
774,927
25,574,475
908,759
$
270,235,309
932,979
15,028
774,927
25,574,475
908,759
TOTAL STATE BOARD OF ADMINISTRATION (SBA) ACCOUNTS
$
298,441,477
$
298,441,477
64.28
TOTAL INVESTMENTS
$
464,271,477
$
462,659,533
100.00
SBA General Investments
SBA Benefit Plan
SBA Workers' Compensation
SBA Land Resources
SBA Advanced State Funding
SBA Advanced State Funding (FDOT Maint. And Monitoring)
CASH, SUNTRUST DEMAND ACCOUNT
TOTAL CASH AND INVESTMENTS
Weighted average yield on portfolio at February 28, 2006 is 4.05%.
* 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.
$
$
(1,017,776) $
463,253,701
$
(1,017,776) *
461,641,757
TREASURER'S REPORT TO THE GOVERNING BOARD
February 28, 2006
EQUITY - CASH AND INVESTMENTS
DISTRICT AND BASINS
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
TOTAL EQUITY IN CASH AND INVESTMENTS
$
207,638,729
9,699,466
22,935,818
21,789,678
12,170,196
96,244,554
15,728,365
29,833,652
38,753,326
7,127,216
1,332,701
44.81%
2.09%
4.95%
4.70%
2.63%
20.78%
3.40%
6.44%
8.37%
1.54%
0.29%
$
463,253,701
100.00%
76
March 28-29, 2006
Routine Report
86. 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
This item is presented for the Board's information. No action is required.
Presenter: Richard Owen, Director, Planning Department
77
As of March 6, 2006
Local Government
Comprehensive Plan Amendment Report
DCA
Comment
Request
Letter
Received
from Gov't Received
Comments
Sent
DCA ORC Report
Received
Adopted
Amend
Received
DCA NOI
Received
In
Compliance
?
10/18/04
06/14/05
11/19/04
07/11/05
12/17/04
12/08/05
02/03/05
12/01/05
03/17/05
02/03/06
Yes
4 Yes/2 No
12/21/05
12/28/05
01/25/06
02/17/06
Regular
01/30/06
02/02/06
02/07/06
Springstead
Regular
09/29/05
09/30/05
11/03/05
05-02
Sanders
Regular
10/05/05
10/10/05
10/21/05
11/08/05
11/21/05
01/30/06
Yes
5-Year Capital Improvements
HIGHLANDS
HIGHLANDS
HIGHLANDS
05-1
05-2
06-1
Springstead
Springstead
Springstead
Regular
Regular
Regular
02/08/05
08/19/05
02/21/06
none
08/25/02
03/01/06
none
09/23/05
04/15/05
10/21/05
07/21/05
09/13/05
No
3 Future Land Use Map Amendments
7 Future Land Use Map amendments
Avon Park
Lake Placid
Lake Placid
Sebring
Sebring
Sebring
05-1
05-1
05-2
05-1
05-2
06-1
Springstead
none
Springstead
Springstead
Springstead
Springstead
Regular
Regular
Regular
Regular
Regular
Regular
04/26/05
none
10/07/05
07/11/05
07/19/05
07/25/05
05/10/05
none
10/06/05
07/15/05
07/22/05
07/25/05
none
none
11/09/05
08/11/05
08/17/05
08/18/05
07/08/05
none
12/07/05
09/14/05
09/21/05
09/22/05
none
none
12/22/05
05/27/05
Yes
Yes
HILLSBOROUGH
HILLSBOROUGH
HILLSBOROUGH
05-1
05-2
05D1
Neasman
Neasman
Neasman
Regular
Regular
DRI
02/25/05
08/12/05
08/24/05
03/04/05
08/22/05
08/25/05
03/18/05
09/06/05
09/26/05
05/06/05
10/07/05
10/26/05
06/06/05
11/28/05
07/29/05
12/09/05
Yes
Yes
No substantive comments
Plant City
05-2
Neasman
Regular
04/08/05
04/13/05
05/12/05
06/07/05
08/29/05
10/27/05
Yes
Commented on water use per capita
Plant City
06-1
Neasman
Regular
11/21/05
11/08/05
11/30/05
12/21/05
02/24/06
05-1
05CIE-1
05-1
Neasman
Neasman
Neasman
Regular
PRD
Regular
07/14/05
08/04/05
01/20/05
07/19/05
08/10/05
01/28/05
08/04/05
08/22/05
02/23/05
09/13/05
none
01/23/06
Yes
03/30/05
none
07/01/05
Yes
LEVY
06-01
Sanders
Regular
12/10/05
12/20/05
01/13/06
02/22/06
MANATEE
MANATEE
05-1
05-2
Neasman
Neasman
Regular
Regular
04/06/05
08/31/05
04/14/05
09/02/05
05/13/05
09/22/05
06/07/05
11/01/05
DCA
Project #
Assigned
Planner
Amend.
Type**
04-2/05-1
05-2
Davies
Davies
Regular
Regular
11/09/04
06/13/05
06-1
Davies
EAR / DRI
06-01
Sanders
HARDEE
Wauchula
05-2
HERNANDO
HERNANDO
Local Government
CHARLOTTE
Charlotte
Comments/Issues/Objections
8 Amendments
6 Amendments
9 Amendments, including Babcock Ranch
CITRUS
Inverness
2 Traffic Circulation Map Amendments
DESOTO
78
Tampa
Tampa
Temple Terrace
01/03/06
01/03/06
01/03/06
Proposed Land Use Map Change for WalMart
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.
LAKE
33 acres commercial development
09/02/05
01/03/06
10/20/05
02/08/06
Yes
Yes
As of March 6, 2006
Local Government
Local Government
Bradenton
Bradenton
MARION
Marion
Dunnellon
DCA
Project #
Assigned
Planner
Amend.
Type**
DCA
Comment
Request
Letter
Received
from Gov't Received
Comments
Sent
DCA ORC Report
Received
12/05/05
DCA NOI
Received
01/17/06
In
Compliance
?
05-1
06-1
Neasman
Neasman
Regular
Regular
07/28/05
02/07/06
08/03/05
02/22/06
09/01/05
06-01
Sanders
Regular
02/23/06
None
03/08/06
04D2
04D4/05D2
05D1
Renner
Renner
Renner
DRI
DRI
DRI
04/12/04
08/23/04
01/20/05
04/12/04
09/29/04
01/26/05
05/12/04
09/20/04
02/11/05
06/15/04
11/01/04
12/13/04
04/05/05
01/25/05
05/20/05
No
Yes
Pasco
Dade City
New Port Richey
San Antonio
05-2
05-1
05-1
05-1
Renner
Renner
Renner
Renner
Regular
Regular
Regular
Regular
08/30/05
05/05/05
08/05/05
12/21/05
09/08/05
06/03/05
08/09/05
10/06/05
06/28/05
08/24/05
11/08/05
08/16/05
No Comments
01/10/06
12/21/05
02/23/06
Yes
12/14/05
Yes
San Antonio
Zephyrhills
06-1
05-1
Renner
Renner
Regular
Regular
01/05/06
08/31/05
01/06/06
09/02/05
01/31/06
09/15/05
No Comments
PINELLAS
Clearwater
05-01
Belangia
Regular
06/08/05
07/29/05
07/11/05
08/30/05
11/03/05
12/15/05
Clearwater
Safety Harbor
Safety Harbor
05-2
05-01
05-02
Belangia
Mickel
Belangia
Regular
Regular
Regular
08/12/05
03/14/05
03/28/05
08/18/05
None
04/02/05
09/06/05
03/25/05
04/30/05
DCA will not review
None
06/01/05
N/A
None
None
N/A
07/29/05
None
N/A
None
None
Safety Harbor
Seminole
Seminole
Seminole
Dunedin
Dunedin
Largo
Largo
Pinellas Park
Pinellas Park
Pinellas Park
St. Petersburg
St. Petersburg
06CIE1
05-01
05-1
06-1
05-01C
05-2
05-01
05-02
05-01
05-02
06-1
05-01
05-02
Belangia
Belangia
Belangia
Belangia
Mickel
Belangia
Belangia
Belangia
None
Belangia
Belangia
None
Belangia
CIE
Regular
Regular
Regular
Regular
Regular
Regular
Regular
None
Regular
Regular
None
Regular
01/20/06
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
None
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
None
None
08/25/05
DCA will not review
04/22/05
09/30/05
N/A
07/06/05
11/07/05
N/A
None
11/22/05
N/A
None
Yes
01/04/05
10/21/05
04/04/05
09/01/05
None
04/21/05
02/08/05
12/21/06
05/20/05
10/12/05
05/27/05
05/27/05
04/18/05
06/02/05
02/03/06
07/22/05
02/13/05
01/23/06
Yes
Yes
Yes
Yes
Yes
None
04/30/05
None
05/31/05
St. Petersburg
05RB1
Belangia
Regular
10/28/05
11/01/05
11/07/05
St. Petersburg
St. Petersburg
St. Pete Beach
Pinellas County
No. Redington Beach
06RB1
06-1
05-01
05-1
06-1
Belangia
Belangia
Belangia
Belangia
Belangia
Regular
Regular
Regular
Regular
Regular
01/27/06
10/28/05
04/01/05
08/25/05
10/31/05
02/02/06
11/01/05
04/18/05
08/25/05
11/01/05
None
11/10/05
None
09/06/05
11/28/05
PASCO
Pasco
Pasco
10/05/05
Adopted
Amend
Received
Yes
Commented on Water Supply Work Plan,
and for 3 proposed land use changes
highlighted the need for hurricane
mitigation planning.
17-acre Lowe's Superstore
Cypress Creek Town Center. Settlement
agreement 05/11/05
Conner Preserve
Sunlake Centre
10 Amendments, DCA Objections to 6 of
the Amends.
7 Amendments
79
Map changes for existing and annexed
properties
02/06/06
07/01/05
12/06/05
Yes
3 Amendments
1 Amendment (DCA determined no need
for formal review.)
N/A Handled by previous Planner
FLUE Changes in LU Categories
Capital Improvement Element, DCA
will NOT Review.
2 FLUM Amendments
Text Amendments
Revision of 5 text amendments
10 Amendments 5 FLUM, 5Text
4 Land Use Map Amendments
None
09/13/05
09/27/05
Yes
DCA will not review
None
01/17/06
Yes
DCA will not review
12/21/06
06/17/05
09/15/05
12/21/06
N/A
02/24/06
None
N/A
N/A
07/29/05
Yes
Related to proposed development of
brownfields area
Future Major Street Map/Lane
Arrangement
Community Redev. District/Housing
Objection to Transportation Study
FLUM and text amendments
As of March 6, 2006
Local Government
DCA
Comment
Request
Letter
Received
from Gov't Received
DCA ORC Report
Received
none
none
09/21/05
07/12/05
11/15/05
07/14/05
10/03/05
10/21/05
05/25/05
10/21/05
08/16/05
12/16/05
none
10/05/05
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
08/16/05
12/07/05
none
11/29/05
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
10/28/04
10/28/04
11/24/04
Regular
EAR
Regular
Regular
Regular
Regular
10/31/05
12/21/05
08/09/04
04/25/05
11/17/04
11/17/05
11/03/05
12/27/05
08/10/04
04/25/05
11/24/04
11/22/05
11/23/05
01/03/06
09/13/04
none*
12/06/04
12/08/05
10/15/04
06/24/05
none*
01/24/06
Regular
Regular
12/08/05
06/21/05
12/08/05
06/08/05
01/05/06
08/01/05
02/06/06
08/11/05
Assigned
Planner
Amend.
Type**
05-2
05-1
05-2
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
Springstead
none
Springstead
Springstead
Springstead
Springstead
Springstead
Springstead
Springstead
Springstead
none
Springstead
Springstead
Springstead
Springstead
Springstead
Springstead
Springstead
none
Springstead
Springstead
Springstead
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
08/22/05
none
08/22/05
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
SARASOTA
04-2/05-1
Davies
Regular
Sarasota
Sarasota
North Port
City of Sarasota
Venice
Venice
06-1
06-2ER
04-2/05-1
05-1
04-2/05-1
06-1
Davies
Davies
Davies
Davies
Davies
Davies
06-01
05-01
Sanders
Sanders
Local Government
80
Comments
Sent
DCA
Project #
POLK
Polk County
Auburndale
Auburndale
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
SUMTER
Wildwood
none
none
08/25/02
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
05/04/05
10/05/05
none
NOTES
** Amendment Types may include:
Regular
DRI
EAR Based
Water Supply Plan
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
Adopted
Amend
Received
DCA NOI
Received
In
Compliance
?
07/01/05
02/07/06
Yes
12/27/05
02/03/06
Yes
01/03/06
02/28/06
4 Lg Scale Map Amendments
1 Future Land Use Map Amendment
7 Large Map Amends, 1 Text Amend.
2 Large Scale Map Amendments
5 Future Land Use Amends.
5 Amendments
06/13/05
12/27/05
07/22/05
02/03/06
08/11/05
none
none
02/20/06
09/22/05
02/02/06
10/07/05
08/10/05
12/19/05
09/21/05
01/17/06
Yes
Yes
11 Map Amends, 2 Policies
12/20/04
02/23/05
04/01/05
Yes
none*
02/07/06
02/23/06
06/24/05
02/28/06
08/10/05
11/23/05
02/25/05
Yes
No
Yes
Yes
9 Amendments
2 Amendments - CIP & Text, *PRD - no
ORC
EAR based Amendments
5 Amendments
*No substantive comments
3 Amendments, *PRD - no ORC
10 Amendments
Yes
01/25/05
Yes
Green Swamp properties - extensive
Yes
450 residential units
1,777 acre annexation
March 28-29, 2006
Routine Report
87. 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 provided for the Board's information, and no action is required.
Presenter: Richard Owen, Director, Planning Department
t
81
82
Page 1 of 4
As of March 6, 2006
DRI Activity Report
Project Name
Assigned
Planner
Acreage
Appl.
Type
Pre-App
Mtg. Date
Receipt
Date
Govt's
Project Type
20,595
ADA
7/11/05
April 2000
5/2/05
3/3/05
Sufficiency
Final
Comments Comment
Sent
s Sent
Comments
CFRPC
83
Ona Mine
Springstead
Hardee
Phosphate
Mine
CF Industries South
Pasture Mine
Extension
Springstead
Hardee
Phosphate
Mine
6,750
SD
6/1/05
FL International
Aiport
Springstead
Hardee & Polk
Airport/ Mixed
Use
22,400
ADA
3/23/05
Four Corners Town
Center
Springstead
Polk
Commercial
130
ADA
3/1/05
7/7/05
Mosaic Regional
Process Water
Treatment Pond
Springstead
Polk
Industrial
173
SD
6/23/05
8/8/05
Williams
Springstead
Lakeland
Mixed Use
255
NOPC
Lakeland Central
Park
Clear Springs DRI
Springstead
Springstead
Lakeland
Bartow
Mixed Use
Mixed Use
718
5,159
ADA
ADA
No increase in water use anticipated.
Significant transportation improvements may
accompany this major project.
5/5/05
7/15/05
Application originally submitted in April, 2000,
subsequently put on hold, then reactivated with
the 5-2-05 submittal
11/17/05
Commercial center (open air mall) at SR 54 and
HWY 27 in NE Polk County
6/7/05
Project to address water storage and water
quality at Mosaic chemical plants.
Omission of parcels to become USF Lakeland
Campus - approx. 530 acres
1/3/06
Mixed Use development on the west side of
Lakeland near the Rooms to Go HQ; some
wetland issues
Multi-phase mixed use development around
Bartow; will double the size of the City of Bartow
once built
10/6/05
Champion's Gate
Springstead
Polk & Osceola
Mixed Use
100+/-
ADA
12/7/05
1/31/06
2/10/06
Carlton Ranch
Springstead
DeSoto
Mixed Use
5,860
ADA
8/8/05
Isles of Athena
Davies
North Port
Mixed Use
5,740
ADA
3/3/05
8/15/05
2/28/06
Punta Gorda Town
Center
Davies
Punta Gorda
Mixed Use
195.6
Pre-App
9/21/2005
9/15/05
Davies
Charlotte/Lee
Mixed Use
17,000
CPA
Davies
Sarasota Co.
Mixed Use
276
SD
Transferapproved entitlements from Osceola to
Polk County concerning the development of
Champion's Gate
Major new project proposed in eastern DeSoto
County; 17,000 homes proposed
SWFRPC
Babcock Ranch
Sarastoa Interstate
Park of Commerce
12/21/05
11/29/2005
3/3/06
ADA incomplete; Review postponed 01/24/06;
Review resumed 2/8/06
Pre-App only so far
1/25/06
Comp Plan Amendment, Coord w/SFWMD
increase, add movie theater, combine
stormwater management systems, extend
Page 2 of 4
As of March 6, 2006
DRI Activity Report
Project Name
Assigned
Planner
Govt's
Project Type
Acreage
Appl.
Type
Murdock Center
Davies
Charlotte/Lee
Mixed Use
646
NOPC
Pre-App
Mtg. Date
Receipt
Date
Sufficiency
Final
Comments Comment
Sent
s Sent
2/10/2006
Comments
Buildout date extension - no comments
TBRPC
Lake Hutto
Cargill Riverview
Facility
Neasman
Hillsborough
Mixed Use
1,129
ADA
9/23/04
10/26/04
4/5/05
6/24/05
09/02/05
Neasman
Hillsborough
Mining
N/A
NOPC
8/22/05
9/14/05
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.
84
Fishhawk Ranch
Summerfield
Crossings
Neasman
Hillsborough
Residential
20
NOPC
1/11/05
Neasman
Hillsborough
Mixed Use
N/A
NOPC
12/29/04
2/4/05
1/19/05
3/01/05
Southbend
Neasman
Hillsborough
Mixed Use
401
NOPC
11/12/04
6/7/2005
Walden Woods
Neasman
Plant City
Mixed Use
160
NOPC
3/7/05
Tampa Technology
Park (West)
Neasman
Tampa
Mixed Use
1160
NOPC
8/15/05
3/18/05
5/25/05
09/13/05
11/04/05
12/05/05
Mixed Use
Not
Provided
9/8/05
09/22/05
10/13/05
12/14/05
Review on 9/22/05 dealt with time extension for
build out.
Project proposes 4,505 residential units,
457,380 s.f. of commercial/office, 2 schools and
121 acres of recreation.
Apollo Beach
Neasman
Hillsborough
NOPC
4/20/05
Add 19.8-acre parcel, increase sf residential by
200 units, allow alternative uses on tract 14 and
the conversion of 107 sf units for 160 mf units.
Increase residential entitlements by 103 singlefamily units and project area by 401 acres.
Wolf Branch Creek
Neasman
Hillsborough
Mixed Use
1,618
SD
9/7/05
10/18/2005
02/10/2006
Cypress Banks
Neasman
Manatee
991
NOPC
11/30/04
12/21/04
2/25/05
4/28/05
Four Corners Mine
Neasman
Manatee
Mixed Use
Phosphate
Mine
305
NOPC
1/25/05
2/22/05
4/20/05
Northwest Sector
Neasman
Manatee
Mixed Use
1,519
ADA
Heritage Harbor
Neasman
Manatee
Mixed Use
288
NOPC
9/27/04
3/14/05
7/2/04
03/31/05
08/15/05
11/16/05
02/21/06
7/28/04
1/19/05
Project proposes 4,096 single-family dwellings,
350 multi-family units, 200,000 s.f. of
commercial and 105,000 s.f. of office.
Proposes the addition of 288 acres to existing
DRI.
Page 3 of 4
As of March 6, 2006
DRI Activity Report
Project Name
Assigned
Planner
Govt's
Project Type
Acreage
Appl.
Type
Creekwood
Neasman
Manatee
Mixed Use
818
NOPC
Pre-App
Mtg. Date
Receipt
Date
4/18/05
Sufficiency
Final
Comments Comment
Sent
s Sent
05/11/05
07/26/05
Proposal to extend build out, add 24 acres, add
7,500 s.f. restaurant, relocate drainage and
establish additional project entrance.
12/19/05
Gulf Coast Factory
Shops
Neasman
Manatee
Commercial
25
NOPC
11/22/05
River Club Park of
Commerce
Neasman
Manatee
Commercial
36
NOPC
11/23/05
Cooper Creek
Neasman
Manatee
Mixed Use
605
NOPC
5/5/05
Lakewood Centre
Neasman
Manatee
Mixed Use
695
University Lakes
Neasman
Manatee
Mixed Use
4,033
NOPC
Two Rivers
Renner
Pasco
Mixed Use
3,532
ADA
Comments
Proposal involves new development layout; DO
language revisions; and, use changes.
1/25/06
5/31/05
Commented on pre-application document on
12/13/05.
3/1/06
85
Proposal to add 812 residential units,
120,000 sf of office and 405 hotel rooms.
3/1/06
4/25/05
Epperson Ranch
Renner
Pasco
Mixed Use
1,752
ADA
4/26/04
9/13/04
10/14/04
3/30/05
6/24/05
09/13/05
Pasco Town Centre
Renner
Pasco
Mixed Use
929
ADA
6/28/04
1/28/05
2/23/2005
01/31/06
1/28/05
5/16/05
10/26/05
11/29/2005
Major project along Bruce B. Downs corridor in
Pasco.
Wiregrass Ranch
Renner
Pasco
Mixed Use
5,118
ADA
10/25/04
12/28/04
Ashley Glen
Renner
Pasco
Mixed Use
260
ADA
7/25/05
11/14/05
Starkey Ranch
Renner
Pasco
Mixed Use
2,500
ADA
8/22/05
Mitchell Ranch Plaza
Renner
Pasco
Mixed Use
126
NOPC
8/16/05
9/2/05
Eliminate Phases/theatre, add hospital/med
ofc/hotel, reduce retail, accelerate buildout
Connerton
Renner
Pasco
Mixed Use
166
NOPC
8/3/05
8/23/05
Changes to the Employment Center
Connerton
Renner
Pasco
Mixed Use
1,115
NOPC
12/27/05
Carillon
Belangia
St. Petersburg
Office
180
NOPC
4/6/05
4/18/05
Development of Village 5
Increase Office entitlements by 65K sq ft,
change name of developer.
Headwaters of Anclote R., drains to Starkey
Wellfield
Page 4 of 4
As of March 6, 2006
DRI Activity Report
Pre-App
Mtg. Date
Receipt
Date
Sufficiency
Final
Comments Comment
Sent
s Sent
Project Name
Assigned
Planner
Govt's
Project Type
Acreage
Appl.
Type
Shoppes at Park
Place
Belangia
Pinellas Park
Mixed Use
67
NOPC
4/11/05
4/22/05
Bay Area Outlet Mall
Belangia
Largo
Mixed Use
34
NOPC
9/27/05
10/13/05
Trinity Communities
Belangia &
Renner
Pasco & Pinellas
Mixed Use
3,741
NOPC
1/5/06
1/10/06
Gateway Centre
Belangia
Pinellas Park
Mixed Use
558
NOPC
7/18/05
8/19/05
Hickory Hill
Sanders
Hernando
Residential
2,771
ADA
2/24/05
2/9/05
5/6/05
Hernando Oaks
Sanders
Hernando
Residential
1,149
ADA
2/22/06
2/3/06
2,500 residential units
Lake Hideaway
Sanders
Hernando
Mixed Use
986
ADA
2/9/06
1/25/06
Crystal River Mall
Sanders
Citrus
Mixed Use
76
NOPC
N/A
12/16/05
01/06/06
Increase of 49 residential units
Meadowcrest
Sanders
Citrus
Mixed Use
17
NOPC
N/A
11/8/05
11/29
Increase of 46 residential units
Sunrise
Sanders
Hernando
Mixed Use
1,386
ADA
1/13/05
5/17/05
11/01/05
Oark Run
Renaissance Trails
Timber Pines
Villages
Villages
Sanders
Sanders
Sanders
Sanders
Sanders
Marion
Lake
Hernando
Sumter
Sumter
Mixed Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
822
2,386
150
15
89
NOPC
ADA
NOPC
NOPC
NOPC
N/A
12/16
N/A
N/A
N/A
12/8/05
11/29/05
5/17/05
9/9/05
2/2/06
12/15/05
Phase 3 extension date
60-bed skilled nurisng facility
No increase in residential units
Comments
Add a .44 acre parcel to the project site
Increase retail, movie theater, and residential
units
Change use designations, map configurations to
reflect actual use of parcels.
Increase Residential Units, Inclusion of a
Museum Land Use
WRPC
86
Key to Abbreviations:
Notes:
12/30/05
5/27/05
9/28/05
2/7/06
CFRPC: Central Florida Regional Planning Council
WRPC: Withlacoochee Regional Planning Council
SWFRPC: Southwest Florida Regional Planning Council
ADA: Application for Development Approval
TBRPC: Tampa Bay Regional Planning Council
NOPC: Notice of Proposed Change
SD: Substantial Deviation
DRI: Development of Regional Impact
For NOPCs and SDs, acreage shown represents the proposed change in project area
Bold text indicates a change from previous report
Special Event Calendar
March 21, 2006 through April 24, 2006
Event Title: Annual Lake, Pond, and Stream Seminar
Start Date: April 7, 2006
Location: Florida Aquarium
Sponsoring Organization: Hillsborough County Adopt-A-Pond
Event Details: The event will provide lectures on Frog Listening, pond adoptions and other
related topics in addition to the many interactive exhibits from government and environmental
agencies. Attendees will also be able to tour the aquarium.
District Contact Information:
Name: Melissa Roe
Phone: 4776
Email: [email protected]
Event Title: The Suncoast Earth Force Youth Summit
Location: Al Lopez Park, Tampa
Sponsoring Organization: The Suncoast Earth Force
Event Details: Suncoast Earth Force’s Youth Summit brings together the youth, educators and
community partners who have been involved with Earth Force programs this past year. It is a
day of education and celebration for Earth Force participants and partners. 500 students are
expected at the Summit.
Event Contact Information:
Event Contact Name: Scott Willis
Phone: 727-215-8619
Name: Mary Alice Wagner
Phone: 4771
Event Title: Earth Day (Water, Wings and Wild Things)
Location: Mary Holland Park, Bartow
Sponsoring Organizations: Community Education Grant through Peace River Basin of
Southwest Florida Water Management District for Polk County Utilities
Event Details: This community event features local agencies devoted to protecting water and
wildlife. For more information visit www.polk-county.net
Event Contact Information:
Event Contact Name: Jacqueline Hollister
Phone: 863-298-4236
Name: Virginia Sternberger
Phone: 4779
87
Event Title: The River Clean Up II
Location: Lowry Park Boat Ramp, Tampa
Sponsoring Organization: Community Education Grant through Hillsborough River Basin of
Southwest Florida Water Management District for Lowry Park Zoo – Boy Scout Troup #47
Event Details: The Zoo Troup will partner with the Lowry Park Zoo’s Ecotour boat crew to clean
up trash along the Hillsborough River North of the Lowry Park Boat Ramp. The event runs from
8 a.m. to 11 a.m. Due to the size of the pontoon boat and for safety reasons, the number of
participants on the boat will be limited to 20. A goal of the event is to encourage river front
residents to participate in the clean up efforts.
Contact Information:
Name: Peter Cruikshank
Phone: 813-432-7030
Name: Virginia Sternberger
Phone: 4779
88
March 28, 2006
4:00 p.m. – Conference Rooms A and B
Mediation/Negotiation Meeting
with the City of Weeki Wachee
89. Court Ordered Meeting Between the Primary Conflicting Governmental Entities (the
Governing Board and the City of Weeki Wachee Officials) Pursuant to the Florida
Government Conflict Resolution Act, Section 164.1055, Florida Statutes
This meeting is the result of the City requesting compliance with a law that the District
believes has been complied with it in its entity. The law is called the Florida Government
Conflict Resolution Act, Sections 164.101 – 164.1061, Florida Statutes (the Act). It
requires governments to use alternative dispute resolution means before initiating
litigation. The City initiated litigation against the District without availing itself of the
procedures afforded by the Act. However, the City and the District, without reference to
the Act, did comply with all of the Act’s procedural requirements (except mediation) before
any litigation was instituted. The Court ordered mediation after litigation had commenced
completing the requirements of the Act.
The District’s position has been and continues to be that the Act had been completely
complied with. The Circuit Court disagreed directing the parties to try one more meeting to
resolve the issues before it has to decide the controversy.
The Circuit Court’s order directs the District Governing Board to meet with the
representatives of the City of Weeki Wachee for the purpose of trying to resolve the
differences the parties have. The Order provides:
1. The Governing Board and the City may meet during a regularly scheduled governing
board meeting at a time certain and will negotiate in good faith. The time has been set
for 4:00 p.m. on March 28, 2006.
2. The meeting shall be held at the District headquarters in Brooksville. We agreed at the
hearing that committee rooms A & B would be the location – in a table setting.
3. The Executive Director or its counsel may negotiate on behalf of the governmental
bodies but the individual members are encouraged to participate in a “good faith effort
to resolve the issues.”
4. We are required to give and have given notice to the Court of the date and time.