The An Equal MEETING NOTICE...ERP No. 43018980.001 - FDOT – CR 296 Connector, Stage 2, Segment 2 – Pinellas County 58. ERP No. 49021375.013 - The Villages at Bridgewater Phase

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).

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AGENDA

GOVERNING BOARD MEETING

February 22-23, 2005

9:00 a.m.

All meetings are open to the public.

Viewing of the Board meeting is available at each of the service offices. Public input will only be taken at the Brooksville headquarters.

Unless specifically stated, scheduled items will not be heard at a time certain.

At the discretion of the Board, items and committee meetings may be taken

out of order to accommodate the needs of the Board and the public.

The meetings will recess for lunch at a time to be announced.

The current Governing Board agenda and the minutes of previous meetings are on the District's web page: www.WaterMatters.org

Tuesday, February 22, 2005

9:00 a.m. Committee Meetings

The Regulation Committee and the Resource Management and Development Committee meet concurrently, followed by the concurrent meetings of the Finance and Administration Committee and the Outreach and Planning Committee.

Regulation Committee (Tab A)

Consent Items

1. January 25, 2005 Committee Meeting Minutes 2. Initiation of Rulemaking

a. Amend Rule 40D-4.041, Florida Administrative Code (F.A.C.), to Create Mechanism to Provide Record Notice of Environmental Resource Permits

b. Amend Rules in Chapter 40D-4, F.A.C., and the Environmental Resource Permitting Information Manual, Part B, Basis of Review, at the Request of the Department of Environmental Protection to Update References and Conform to Statutory Changes

http://www.watermatters.org/

SWFWMD Governing Board Agenda - 2 - February 22-23, 2005 Discussion Items 3. Water Supply Development for the City of Lakeland Status Report 4. South Central Hillsborough Service Area Interconnect Status Report 5. Florida Automated Weather Network (FAWN) Data Dissemination and Education Program Routine Reports 6. Pending Permit Report 7. Overpumpage Activities 8. Southern Water Use Caution Area Quantities 9. Tampa Bay Water Well Mitigation Report 10. Demand Management Activities11. March Committee Meeting Agenda Resource Management and Development Committee (Tab B) Consent Items 12. January 25, 2005 Committee Meeting Minutes 13. Presented to Alafia River Basin Board a. Access License Agreement to Tampa Bay Water for Ecologic Monitoring of the South Central

Wellfield – Alafia River Corridor and Medard Park Projects, SWF Parcel Nos. 11-709-135X and 11-100-145X

b. Lease Agreement for Sod Operation between the District and Bay Breeze Farms, Inc. – Tampa Bay Estuarine Ecosystem Project, SWF Parcel No. 11-728-113X

14. Presented to Hillsborough River Basin Board - Tampa Bypass Canal – Surplus of SWF Parcel No. 13-003-396S (Formerly Known as the Riga Tract)

15. Presented to Manasota Basin Board - Acquisition and Management Agreement with Manatee County – Lower Manatee River Floodway Project

16. Presented to the Coastal Rivers and Withlacoochee River Basin Board – Withlacoochee Regional Water Supply Authority Water Supply Plan

17. Presented to Withlacoochee River Basin Board a. Marion County Water Resource Assessment and Management Project

b. Access and Use License Agreement to United States Geological Survey for Ecologic Monitoring of the Ground-Water/ Surface-Water Interaction along the Withlacoochee River – Upper Hillsborough, Green Swamp West and Potts Preserve Projects, SWF Parcel Nos. 10-400-164X, 19-410-122X and 19-484-120X

18. Presented to the Alafia River, Hillsborough River, Coastal Rivers, Hillsborough River, Northwest Hillsborough, Pinellas-Anclote River, and Withlacoochee River Basin Boards - North Tampa Reclaimed Water Pipeline Project - Phase 2 Preliminary Design and Feasiblity

Discussion Items 19. Peace Creek Watershed Coordinating Committee 20. Water Planning Alliance Routine Reports 21. Florida Forever Status Report 22. Land Resources Department Significant Activities 23. Minimum Flows and Levels Status Report 24. Hydrologic Conditions Report 25. Structure Operations Status Report 26. March Committee Meeting Agenda 10:15 a.m. Finance and Administration Committee (Tab C) Consent Items 27. January 25, 2005 Committee Meeting Minutes 28. Consent Transfer Report 29. Second Amendment of the Fiscal Year 2005 Annual Service Budget

SWFWMD Governing Board Agenda - 3 - February 22-23, 2005 Discussion Items 30. Reallocation of Water Management Information System Initiative Funds 31. Conflicting Employment Provisions in District Consultant Contracts 32. Inspector General's Update - Enforcement of Environmental Resource Permits Audit - Six-Month

Progress Report 33. Records Management Alchemy Retrieval Software Routine Reports 34. Tampa Service Office Construction Project Update 35. Treasurer's Report, Payment Register for Accounts Payable, and Contingency Reserves Report 36. March Committee Meeting Agenda Outreach and Planning Committee (Tab D) Consent Items 37. January 25, 2005 Committee Meeting Minutes Discussion Items 38. Water Resource Messaging Program 39. Watershed Education 40. 2005 Update to the District Water Management Plan

41. Development of Legislative Grass Roots Program Routine Reports 42. March Committee Meeting Agenda

Tuesday, February 22, 2005 Board meeting will follow the Committee meetings.

Convene Meeting of the Governing Board and Public Hearing (Tab E) 43. Call to Order 44. Pledge of Allegiance and Invocation 45. Recognition of Ronnie E. Duncan for His Service as a Member and Chair of the Governing Board 46. Mayor's Beautification Program Award 47. Additions/Deletions to Agenda 48. Agenda Review Special Discussion Items (Tab F) 49. Adoption of Minimum Flows for Middle Peace River 50. Legislative Update Regulatory Agenda Regulation Consent Items (Tab G) Surface Water Permits 51. ERP No. 43006829.002 - Neal Road South Farm – Charlotte County 52. ERP No. 43026556.000 - Devonshire – Charlotte County 53. ERP No. 43025487.002 - Race Track Road from Linebaugh Avenue to Countryway Boulevard –

Hillsborough County 54. ERP No. 43026476.001 - Highland Estates – Phase 1 – Hillsborough County 55. ERP No. 43027083.000 - Sassa Trail Subdivision – Hillsborough County

SWFWMD Governing Board Agenda - 4 - February 22-23, 2005 56. ERP No. 43026827.000 - Serengeti – Pasco County 57. ERP No. 43018980.001 - FDOT – CR 296 Connector, Stage 2, Segment 2 – Pinellas County 58. ERP No. 49021375.013 - The Villages at Bridgewater Phase 1 – 409 Single-Family Units –

Polk County 59. ERP No. 43026944.000 - Enclave at Imperial Lakes – Polk County 60. ERP No. 43027157.000 - Towne Parc Estates Phase One – Polk County 61. ERP No. 43025006.005 - Cypress Falls – Sarasota County 62. ERP No. 49025110.002 - Stoneybrook at Venice – Sarasota County 63. ERP No. 43027461.000 - Sumter Crossing Shopping Center – Sarasota County 64. Interagency Agreement Between SWFWMD and SFWMD for Designation of Regulatory

Responsibility for a Portion of the Tanglewood Subdivision Project – Polk County 65. Interagency Agreement Between SWFWMD and SFWMD for Designation of Regulatory

Responsibility for a Portion of the Blackwater Crossings Subdivision Project – Polk County Water Use Permits 66. WUP No. 20004461.006 - W F I N- - City of Wauchula – Hardee County 67. WUP No. 20004680.006 - W F I N- - Ben Hill Griffin Inc. – Highlands County 68. WUP No. 20005639.005 - W F I U N- - Latt Maxcy Corporation – Highlands County 69. WUP No. 20012239.002 - F S N- - Villages Water Conservation Authority – Sumter County

W A T E R U S E P E R M I T L E G E N D

W F I S U

= = = = =

Water Use Caution Area Floridan Aquifer Intermediate Aquifer Surface Withdrawal Surficial Aquifer

N N+N-D+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 R+ R-

= = =

100% relocated quantities More than 50% but less than 100% relocated quantities 50% or less relocated quantities

Regulation Discussion Items (Tab H) Surface Water Permits - None Water Use Permits - None Well Construction Permits - None

General Counsel Agenda Proceedings (Tab I) - None Enforcement Items Consent Items (Tab J) 70. Surface Water

a. Consent Order - ERP No. 44002383.007 - MGD Suncoast, L.L.C., and Florida Fill Haulers of Land O’Lakes, Inc. (Villa Rosa Borrow Pit Haul Road) - Pasco and Hillsborough Counties

b. Settlement Agreements - None c. Initiation of Litigation - None

71. Water Use a. Consent Order - None b. Settlement Agreements - None c. Initiation of Litigation - None

72. Well Construction a. Consent Orders - None

b. Settlement Agreements - None c. Initiation of Litigation - None

Discussion Items - None

SWFWMD Governing Board Agenda - 5 - February 22-23, 2005 Briefings and Reports (Tab K) 73. Rulemaking Update

74. Litigation Report 75. Other Briefing Items Administration and Regular Business Agenda (Tab L) Committee Reports 76. Regulation Committee 77. Resource Management and Development Committee 78. Finance and Administration Committee 79. Outreach and Planning Committee Consent Items 80. Board Travel 81. January 26, 2005 Governing Board Minutes 82. Satisfaction of Tampa Bay Water Resolution No. 2000-21 83. Presented to the Coastal Rivers Basin Board - First Amendment to the Agreement Between the

District and the City of Brooksville Construction of US 41 South Service Area Reuse System 84. Presented to the Manasota Basin Board - Facilitating Agricultural Resource Management

Systems - ESDA, Inc. 85. Presented to the Northwest Hillsborough Basin Board - Lake Armistead Water Conservation

Structure: Dock Replacements and Shoreline Stabilization 86. Presented to the Peace River Basin Board

a. Aquifer Performance Test at the City of Lakeland's Combee Water Treatment Plant b. Facilitating Agricultural Resource Management Systems - Lykes Bros. Inc. 87. Presented to the Withlacoochee River Basin Board a. Bushnell Stormwater Infrastructure Improvements, Second Amendment b. Marion County - Post Process Topographic Data Chairman's Agenda (Tab M) 88. Chairman's Agenda a. Advisory Committee Liaison Report(s)

b. Chair Ex Officio Reports on Basin Board Activities c. Other Items

Recess Public Hearing Public Input

Items not completed at Tuesday's meeting

will be carried over to Wednesday.

SWFWMD Governing Board Agenda - 6 - February 22-23, 2005

Wednesday, February 23, 2005 9:00 a.m. Reconvene Meeting of the Governing Board and Public Hearing 89. Call to Order 90. Pledge of Allegiance and Invocation 91. Additions/Deletions to Agenda

Items not completed at Tuesday's meeting will be heard at this time.

Recess Public Hearing Public Input Announcements

• Citrus County Tsala Apopka Chain of Lakes Task Force – Inverness ....... February 14, 2005 • Peace Creek Canal Coordinating Committee – Bartow ............................. February 24, 2005 • Basin Board Meeting Schedule Hillsborough River – Land O’Lakes ........................................................... February 15, 2005 Manasota – Sarasota ................................................................................. February 16, 2005 • Advisory Committee Meeting Schedule:

Agricultural – Bartow .................................................................................. February 16, 2005 Environmental – Sarasota ................................................................................ March 9, 2005

• Basin Board Education Committee – Apollo Beach ......................................... March 8, 2005 • Basin Board Land Resources Committee – Tampa ....................................... March 23, 2005 • Governing Board Meeting – Brooksville ................................................... March 29-30, 2005

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 COMMITTEES

Effective December 2004

The Regulation Committee and the Resource Management and Development Committee meet concurrently, followed by the concurrent meetings of the Finance and

Administration Committee and the Outreach and Planning Committee.

FIRST SESSION Board Conference Rooms Board Room

REGULATION COMMITTEE RESOURCE MANAGEMENT AND DEVELOPMENT COMMITTEE

Maggie N. Dominguez, Chair Janet D. Kovach, Chair

Judith C. Whitehead, Vice Chair Patsy C. Symons, Vice Chair

Thomas G. Dabney Edward W. Chance

Ronald C. Johnson Heidi B. McCree

T. G. "Jerry" Rice

SECOND SESSION Board Conference Rooms Board Room

FINANCE AND ADMINISTRATION COMMITTEE OUTREACH AND PLANNING

COMMITTEE T. G. “Jerry” Rice, Chair Heidi B. McCree, Chair

Judith C. Whitehead, Vice Chair Thomas G. Dabney, Vice Chair

Maggie N. Dominguez Edward W. Chance

Ronald C. Johnson Janet D. Kovach

Patsy C. Symons

STANDING COMMITTEE LIAISONS Agricultural Advisory Committee T. G. "Jerry" Rice

Basin Board Education Committee Judith C. Whitehead

Basin Boards Land Resources Committee Janet D. Kovach

Environmental Advisory Committee Heidi B. McCree

Green Industry Advisory Committee Patsy C. Symons

Industrial Supply Advisory Committee Maggie N. Dominguez

Public Supply Advisory Committee Vacant

Well Drillers Advisory Committee Thomas G. Dabney

Governing Board Meeting February 22, 2005 Regulation Committee

Consent Items 1. January 25, 2005 Committee Meeting Minutes ............................................................... 2 2. Initiation of Rulemaking

a. Amend Rule 40D-4.041, Florida Administrative Code (F.A.C.), to Create Mechanism to Provide Record Notice of Environmental Resource Permits .............................................................................. 2

b. Amend Rules in Chapter 40D-4, F.A.C., and the Environmental Resource Permitting Information Manual, Part B, Basis of Review, at the Request of the Department of Environmental Protection to Update References and Conform to Statutory Changes ....................................... 2

Discussion Items 3. Water Supply Development for the City of Lakeland Status Report ............................... 3 4. South Central Hillsborough Service Area Interconnect Status Report ............................ 4 5. Florida Automated Weather Network (FAWN) Data Dissemination and Education Program .................................................................................................. 4 Routine Reports 6. Pending Permit Report .................................................................................................... 6 7. Overpumpage Activities .................................................................................................. 6 8. Southern Water Use Caution Area Quantities ................................................................ 6 9. Tampa Bay Water Well Mitigation Report ....................................................................... 7 10. Demand Management Activities ..................................................................................... 7 11. March Committee Meeting Agenda ................................................................................. 7

Regulation Committee Summary - 2 - February 22, 2005 Consent Items 1. January 25, 2005 Committee Meeting Minutes

Staff Recommendation: See Exhibit 1 Approval of the minutes as presented.

2. Initiation of Rulemaking a. Amend Rule 40D-4.041, Florida Administrative Code (F.A.C.), to Create Mechanism

to Provide Record Notice of Environmental Resource Permits

Subsequent purchasers of property that is subject to an Environmental Resource Permit (ERP) are sometimes unaware of the existence of the permit, the conditions and restrictions of the permit, or the need to transfer the permit to the new owner. The South Florida Water Management District has addressed this problem by recording a notice of the existence of ERPs in the counties where the permitted properties are located. District staff is proposing rulemaking to create a mechanism for the District to record notice of Individual and General ERPs for residential subdivisions, condominiums, commercial subdivisions and industrial parks within this District. The proposed rule allows District staff to record the attached form in the applicable county for the described types of ERPs. The notice is intended to put subsequent purchasers, particularly homeowners, on notice of the existence of the ERP and the general conditions relating to the surface water management system. The notice is informational only, and specifically states that it is not an encumbrance on the property. The notice will not be required for ERPs other than those specifically described. Staff Recommendation: See Exhibit 2.a. Authorize the initiation of rulemaking to amend Rule 40D-4.041, F.A.C., to create a mechanism to provide record notice of Environmental Resource Permits. Presenter: Margaret M. Lytle, Senior Attorney

b. Amend Rules in Chapter 40D-4, F.A.C., and the Environmental Resource Permitting

Information Manual, Part B, Basis of Review, at the Request of the Department of Environmental Protection to Update References and Conform to Statutory Changes

The Florida Department of Environmental Protection (DEP) and the District have concurrent authority over Environmental Resource Permitting. Therefore, it is important that DEP and the District have consistent rules. DEP is in the process of rulemaking to incorporate changes to District rules made since 1995 into DEP rules. As part of this process, DEP has identified some rule changes the District should make to conform to statutory changes and to be consistent with DEP and the other water management districts. The rules being updated include Rule 40D-4.051, F.A.C., which lists the activities that are exempt from permitting, and Rule 40D-4.302, F.A.C., which lists additional conditions for issuance of permits. Inconsistencies were also identified in Section 3.2.2 of the Environmental Resource Permitting Information Manual, Part B, Basis of Review.

Regulation Committee Summary - 3 - February 22, 2005

The amendments to Rule 40D-4.051(8)(b) and (c), F.A.C., add the word "pier" to the exemption, in conformance with the 1997 amendments to Section 403.813(2)(b), Florida Statutes (F.S.). The amendment to Rule 40D-4.051(8)(d), F.A.C., modifies the rule exempting maintenance dredging in order to conform with the amendments to Section 403.813(2)(f), F.S. The modification describes the requirements for maintenance dredging in previously dredged natural water bodies. Rule 40D-4.302, F.A.C., lists additional conditions for issuance of permits. The amendment to this rule removes the language "by the Department," which is redundant because the rule references Chapter 62R-7, F.A.C., which is promulgated by DEP. The amendment to Rule 3.2.2 of the Basis for Review addressing fish, wildlife, listed species and their habitats removes the language "[G]enerally, wildlife surveys will not be required." DEP was directed to remove this language from DEP's rules by the Environmental Regulatory Commission during a September 1994 rule adoption hearing. The language does not appear in the rules of any of the other water management districts. The amendment to Rule 40D-4.091, F.A.C., incorporates the new date of the ERP Basis of Review including the modifications discussed above. Staff Recommendation: See Exhibit 2.b. Authorize the initiation of rulemaking to amend Rules 40D-4.051, 40D-4.091 and 40D-4.302, F.A.C., and ERP Basis of Review as described above. Presenter: Karen West, Deputy General Counsel

Discussion Items 3. Water Supply Development for the City of Lakeland Status Report

The City of Lakeland is located in northwest Polk County south of the Green Swamp. Because of the high growth rate in the area and to enable the City to have redundancy in its water supply and distribution systems, the City is actively investigating the expansion of its water supplies. Currently, the City's water supply comes from its northwest wellfield that is located within the northwest portion of the Lakeland city limits, immediately south of Interstate 4. In 1989, the City requested expedited review of a permit application for a proposed second wellfield located northeast of the Lakeland city limits, north of Interstate 4, within the Green Swamp. Under the expedited review, the permit was granted conditionally, requiring aquifer performance testing prior to initiation of withdrawals from the wellfield so that environmental impacts could be more fully assessed. The City’s tests were inconclusive and in 2003, with the cooperation of the City, the District performed an aquifer test at the proposed wellfield site. The results of that test indicated that withdrawals could have significant environmental impacts under certain withdrawal scenarios. At the District’s urging, the City has been investigating placement of wells farther south in hopes that there will be greater confinement between the Floridan aquifer and surface systems. The City is currently investigating adding a well or wells at or near the Combee Water Treatment Plant, which is being constructed on the east side of Lakeland. Most of this area was previously mined for phosphate that altered the natural setting. Because of the lack of hydrogeologic information in the east Lakeland area, the District has identified this area as


needing additional data to improve our knowledge of the aquifer characteristics and water supply potential. Of particular importance is obtaining geologic data and hydraulic characteristics for the intermediate confining unit overlying the Upper Floridan aquifer. With the shared interest in obtaining aquifer information in this area, District staff has had discussions with City staff regarding partnering on an APT. District staff has been meeting with the City of Lakeland over the past six months to discuss a proposed data collection program for the intermediate confining unit and Upper Floridan aquifer in this area. Both staffs have agreed that the Combee Water Treatment Plant area provides a good location for a proposed APT. As proposed, one production well open to the Upper Floridan aquifer and observation wells open to the surficial and Upper Floridan aquifers would be constructed and tested. Following completion of construction of the wells and the collection of geologic data, with costs to be cooperatively shared between the City and the District, the District's Resource Data Section and Resource Regulation staffs will perform the APT and share the information obtained with the City of Lakeland. The test will assist the District by developing aquifer information for the general area, and will also be useful to the City in investigating future water sources. Staff Recommendation: This item is presented for the Committee’s information, and no action is required. Presenter: Brian Starford, P.G., Director, Bartow Regulation Department

4. South Central Hillsborough Service Area Interconnect Status Report

Hillsborough County’s South Central potable water service area depends entirely upon supplies from Tampa Bay Water’s South Central Hillsborough Regional Wellfield and the Brandon Urban Dispersed Wellfield to meet area demands. Historically the combination of these two supplies as they were being operated has not been enough to maintain adequate water supply under their permits, nor is it enough to meet anticipated growth in the area. Projections show that the two existing wellfields supplying the area under the current operations should now meet their needs until late 2005. Last year, under a threat of exceeding Tampa Bay Water's South Central Hillsborough Regional Wellfield permit limit of 24.1 million gallons per day (mgd), the District's Executive Director contacted both Tampa Bay Water and Hillsborough County to implement measures to reduce the system demands and minimize a permit exceedance. In June and July 2004, Tampa Bay Water's permit exceeded authorized quantities. This was due to system limitations brought on by the need to implement infrastructure improvements that will provide compatible water quality throughout the system. The District's July 2, 2004 letter indicated that a variety of actions were required, including proactive demand management measures. Hillsborough County declared once-per-week irrigation restrictions as a temporary demand management tool in order to protect public health and safety in the service area, and dedicating additional enforcement staff in the South Central service area. In addition, the District's letter requested close coordination between Tampa Bay Water and Hillsborough County to fast-track infrastructure improvements that address the service area's increasing needs. In response to the District, these actions include: (1) Installation of facilities at Hillsborough County's Lithia Water Treatment Plant to enable

conversion of the system from free chlorine to chloramine disinfection. This will enable


the County to accept additional supply in the south central service area from the regional system.

(2) Installation of piping and treatment works at Tampa Bay Water's regional Facilities Site, and the conversion of a portion of the Brandon South Central Connection pipeline from a raw water delivery to a treated water delivery line. This will enable delivery of up to 8.0 mgd in regional chloraminated supply at a temporary new booster facility.

(3) Installation of a temporary booster pumping and treatment facility near the intersection of Highview and Wheeler Roads. This facility will accept regional chloraminated supply from Tampa Bay Water’s converted Brandon transmission main, and boost that supply into the County distribution system in north Brandon. Flow is expected to range from 4.0 to 8.0 mgd. The temporary facility will be decommissioned when the County completes a new 19.0 mgd water treatment facility near Falkenburg Road in the 2009 – 2010 timeframe.

Construction activities on these projects have been initiated under a Joint Project Agreement between Tampa Bay Water and Hillsborough County using Tampa Bay Water's consultants and contractors. These projects are scheduled to be completed and available for service in Spring 2005. If the County and Tampa Bay Water are able to meet this aggressive schedule, sufficient supplies should be available for Hillsborough County to allow its temporary once-per-week watering schedule to expire at the end of May 2005. Additionally, Tampa Bay Water and Hillsborough County have identified 11 projects, including those listed above, scheduled for completion by the end of 2010 to continue improvement of the water service in the area. Staff will provide an update of the projects and activities that are being implemented to meet the water supply needs of citizens in the South Central Hillsborough County service area under the existing water use permit. Staff Recommendation: This item is presented for the Committee’s information, and no action is requested. Presenter: Lois Ann Sorensen, Demand Management Coordinator

5. Florida Automated Weather Network (FAWN) Data Dissemination and Education

Program

The District's Peace River and Manasota Basin Board’s funding of the Florida Automated Weather Network (FAWN) has been a successful on-going program. This project collects and distributes weather and climatic data, and has an educational component to teach individual home owners and growers how to use the data to conserve water and stay within their permitted amounts. The FAWN program has recently expanded to include irrigation management tools to help reduce water use by providing cold protection and irrigation management suggestions. Staff is proposing to expand FAWN’s educational programs to the Hillsborough River, Alafia and Withlacoochee Basin Boards in FY2006. FAWN was created in 1997 with a legislative appropriation to the University of Florida. These funds were used to establish 11 weather sites that were incorporated with a small UF/IFAS network of five sites in Central Florida. Over the next few years there is a plan to expand FAWN's network to 32 sites. In 2002 additional funding was obtained from the Florida Division of Emergency Management to complete the system and in 2003 the Peace River Basin Board recognized the significance of FAWN and provided a $5,000 grant. A year later


the Peace River and the Manasota Basin Boards entered into a three-year agreement to provide FAWN with $15,000 per year. That same year FDACS, SJRWMD and SFWMD approved funds for FAWN. Currently there are 7 FAWN sites within the District and they are located at: Baum, Bradenton, Brooksville, Dover, Lake Alfred, Ona and Sebring. In addition there are several sites surrounding the District that provide useful information to the citizens of the District. Current and historical climatic data from these sites, and FAWN irrigation tools, can be accessed on the web at: http://fawn.ifas.ufl.edu/. FAWN information provides the public with valuable local information to help them stay within their permitted allocation, conserve water and provide protection to the natural resources. In addition it provides individuals with information to help them make decisions on chemical and pesticide applications. During the recent hurricane season, FAWN provided valuable real time access to data on their web site. Staff Recommendation: This item is presented for the Committee’s information, and no action is required. Presenters: Ken Weber, P.G., Water Use Program Director, Technical Services Department John Jackson, University Of Florida, Institute of Food and Agricultural Sciences

Routine Reports 6. Pending Permit Report

This item contains a list of permits that requested more than a 120-day time extension, projects not issued within 90 days of completion, and those projects that are in-house for more than 365 days. Staff Recommendation: See Exhibit 6 This item is provided for the Committee’s information, and no action is requested. Presenter: BJ Jarvis, Director, Records and Data Department

7. Overpumpage Activities

This is the updated monthly Overpumpage Activities; the chart is included as an exhibit. Staff Recommendation: See Exhibit 7 This item is presented for the Committee’s information, and no action is required. Presenter: Paul O’Neil, P.E., Director, Technical Services Department

8. Southern Water Use Caution Area Quantities

This is the updated monthly Southern Water Use Caution Area Quantities; the charts are included as an exhibit.


Staff Recommendation: See Exhibit 8 This item is presented for the Committee’s information, and no action is required. Presenter: Paul O’Neil, P.E., Director, Technical Services Department

9. Tampa Bay Water Well Mitigation Report

This month the update is unavailable. Staff Recommendation: This item is presented for the Committee’s information, and no action is required. Presenter: Paul O’Neil, P.E., Director, Technical Services Department

10. Demand Management Activities

Staff continues to actively monitor hydrologic conditions and public supply demand data. As of January 31, the U. S. Drought Monitor reported no droughts were in progress nor anticipated within the District’s 16-county area. The National Weather Service’s Climate Prediction Center currently anticipates near-normal or higher than normal precipitation for the foreseeable future. Two local governments continue to use local once-per-week watering restrictions to address local water supply concerns that developed last year and are expected to continue until infrastructure improvements come to fruition (Polk County, in its Northeast Regional Utility Service Area; Hillsborough County, in the area served by Tampa Bay Water’s South Central Hillsborough Regional Wellfield). Outreach Outreach remains a priority for Demand Management staff. Staff is continuing to review and update content of the District’s “Water Watch” website feature in conjunction with planned format changes. Staff is also continuing normal outreach activities, such as working with petitioners to clarify when variances are or are not needed, answering calls to the District’s water hotline and providing updates to the District’s advisory committees. Rulemaking Status The first draft of amendments to the Water Shortage Plan (Rule 40D-21) has been posted to the District’s website and public workshops have been scheduled to discuss this draft. These workshops (the same agenda at three different locations) will take place on February 16, February 24 and March 3. A notice announcing the draft 40D-21 Rule and associated workshops was published in Florida Administrative Weekly. Once public input and interdistrict coordination comments are processed, a revised draft will be prepared and presented to the Governing Board’s Regulation Committee for discussion. Staff Recommendation: This item is presented for the Committee’s information only, and no action is requested. Presenter: BJ Jarvis, Director, Records and Data Department

11. March Committee Meeting Agenda

MINUTES OF THE MEETING

DRAFT

Regulation Committee Governing Board

Southwest Florida Water Management District

Brooksville, Florida January 25, 2004 The Regulation Committee of the Governing Board of the Southwest Florida Water Management District convened at 9:17 a.m. on January 25, 2005, at District Headquarters. The following persons were present: Board Members PresentMaggie N. Dominguez, Chair Thomas G. Dabney, Member Ronald C. Johnson, Member T. G. “Jerry” Rice, Member Judith C. Whitehead, Vice Chair Board Members Absent N/A Other Board Member(s) Present N/A

Staff Members PresentJohn W. Heuer William S. Bilenky Kurt P. Fritsch B. J. Jarvis Margaret M. Lytle Paul W. O'Neil Jack R. Pepper Karen E. West Recording Secretary

Carol A. Lynch CPS

Chair Dominguez called the meeting to order. The numbers preceding the items below correspond with the published agenda. Consent Items 1. December 14, 2004 Committee Meeting Minutes Following consideration, Judy Whitehead moved, seconded by Thomas Dabney, to

approve the minutes of the December 14, 2004 meeting. Motion carried unanimously. (Tape 1, Side A – 00:00/01:00)

2. Initiation of Rulemaking

a. Amend Rule 40D-400.500, F.A.C., to Incorporate by Reference the Updated Silviculture Best Management Practices Manual Staff recommended authorization of rulemaking to amend Rule 40D-400.500, F.A.C., to incorporate by reference the updated Silviculture Best Management Practices Manual.

b. Amend Rule 40D-4.041, F.A.C., to Create Mechanism to Provide Record Notice of Environmental Resource Permits (Rescheduled to February 2005 Board)

c. Amend Rule 40D-4.021, F.A.C., to Clarify the Definitions of “Alteration” and

“New Surface Water Management System” Rule 40D-4.021(1) defines the term "alteration" for the purposes of Chapters 40D-4, 40D-40 and 40D-400, F.A.C. The rule describes specific activities and impacts that constitute an alteration. The portion of this term that staff seeks to clarify is “any activity… that will increase or decrease the design discharge of the system…” Since “design discharge” has been interpreted by the District to include those projects permitted by the District and not those that had received other governmental approvals previously handled through the “grandfather exemptions,”

Minutes of the Meeting January 25, 2005 Governing Board Regulation Committee Page 2

DRAFT

the proposed rule amendment will delete the word "design," resulting in a clearer and less complicated definition. Rule 40D-4.021(11), F.A.C., defines the term "new surface water management system" for the purposes of Chapters 40D-4, 40D-40 and 40D-400, F.A.C. The rule currently states that a new surface water management system is any surface water management system that is either not in existence or authorized to be constructed on October 1, 1984. The proposed rule amendment clarifies that in order to be excluded from this definition, the surface water management system requires District authorization, not other prior governmental authorization. This change is consistent with the District's long-term interpretation and application of the rule, and will clarify the meaning of the term for the public. Staff recommended authorization of rulemaking to amend Rule 40D-4.021, F.A.C., to amend the definitions of "alteration" and "new surface water management system" to clarify the terms.

At this point in the agenda, the Committee members requested clarification on procedure for expedited rulemaking versus regular rulemaking. Staff provided a brief explanation of the procedure for these and explained the differences between those two processes.

Following consideration, Thomas Dabney moved, seconded by Jerry Rice, to approve initiation of rulemaking on Items 2a and 2c. Motion carried unanimously. (Tape 1, Side A – 01:00/14:00)

Following consideration, Thomas Dabney moved, seconded by Ron Johnson, that the Regulation Committee adopt a policy of seeking input from its various Advisory Committees prior to initiation of rulemaking, unless said rulemaking would be deemed emergency or the need for expedited rulemaking. Motion carried unanimously. Discussion Items 3. Initiation of Rulemaking to Amend Rule 40D-3.505, F.A.C., to Specifically Restrict

the Construction of Water Wells in Areas of Known Groundwater Contamination (Taylor Road Landfill)There are several groundwater contamination sites present within the District. Both the Environmental Protection Agency (EPA) and the Florida Department of Environmental Protection (FDEP) have rules that prohibit the movement of contaminated groundwater into areas of uncontaminated groundwater. Currently, the District has no clear mechanism to deny Well Construction Permits (WCPs) located in areas of contaminated groundwater. The purpose of this rulemaking is to restrict the construction of water wells in areas of known groundwater contamination. The area delineated as having groundwater contamination is currently regulated under Chapter 62-524, Florida Administrative Code (F.A.C.), which requires 150 of well casing in areas within 500 feet of the landfill. However, Chapter 62-524 F.A.C. does not address non-potable wells and does not address denial of permits in contaminated areas. The proposed amendment will be applicable to all contaminated areas within the District and will establish a mechanism to review and act upon WCP applications in areas of known groundwater contamination as delineated by EPA, FDEP, or local governments. The rule informs the public that the District will deny a WCP application if use of the well would increase the potential for harm to public health, safety and welfare, or if the proposed well would degrade the water quality of the aquifer by causing pollutants to spread. The rule also advises the public that variances from the


DRAFT

rule are available, and of the factors that would be considered in reviewing a variance request.

At this point in the agenda, the Committee again discussed current and future requests for initiation of rulemaking. In addition, the Committee wanted assurances that all appropriate feedback was derived from the appropriate Advisory Committees or Groups prior to proceeding with formal rule writing procedures. The Committee requested one consistent methodology. Staff was requested, at a future date, to make a formal presentation on the entire rule writing process. Mr. Bilenky responded that the Committee would receive a flow chart as soon as possible; the presentation should be made to the entire Board, including new members, in April or May.

Following consideration, Thomas Dabney moved, seconded by Judy Whitehead, to approve initiation of rulemaking to amend Rule 40D-3.505, F.A.C., to specifically restrict the construction of water wells in areas of known contamination. (Tape 1, Side A – 47:00/Side B – 06:10)

Following consideration, Thomas Dabney moved, seconded by Ron Johnson, to amend the previous motion on Items 2a and 2c to request that all proposed rules not necessarily be brought back to the Regulation Committee for further consideration. The Regulation Committee requested to see only those proposed rules where significant questions or issues arose during the public workshops or noticing period. The Committee voted simultaneously on the motion for Item 3 and to amend the motion on Items 2a and 2c. Motion carried unanimously. (Tape 1, Side A – 14:00/47:00) 4. Meeting Updates

a. Well Drillers Advisory Committee Meeting of January 19, 2005 Marion County Health Department presented an outline of its' plan for well program

delegation to the Committee. Mr. Dabney was present and commented on the delegation and the issues he would like to see addressed in any delegation agreement. The presentation was well received. The Committee voted to conceptually support the delegation of the well program to Marion County, subject to review and approval of any draft delegation agreement by the Committee.

b. DEP/WMD/FGWA Work Group Meeting of January 21, 2005, regarding Marion

County Delegation Marion County Health Department also appeared at the DEP Workgroup and made a presentation to the FGWA. The DOH expressed some concerns over delegation of the regulation of wells in delineated areas under Chapter 62-524, FAC. The WMDs and Marion County responded, indicating that the WMDs would at least initially retain the Chapter 62-524 program. A contractor expressed concern over uncontrolled fees in delegated counties. The contractor was informed that SWFWMD was considering retaining approval of fees charged in excess of District permit fees. Several contractors indicated that participation in on-line permitting would be vital to their support/acceptance of the delegation. DEP indicated that it would not take an official position on the delegation, but that the proposal by Marion County sounded positive.

This item was presented for Committee member information only. No action was required. (Tape 1, Side B – 06:10/Tape 1, Side B – 09:70)


DRAFT 5. Approving Activities on Sovereign Submerged Lands – A New Procedure to

Identify Projects of “Heightened Public Concern”This presentation was to advise the Governing Board of the new process for determining projects of heightened public concern and the implications regarding Governing Board actions. In addition, staff is recommending that projects qualifying for General Environmental Resource Permits, if determined to be of heightened public concern, be elevated to the Governing Board for agency action. Following consideration, Ron Johnson moved, seconded by Thomas Dabney, to approve a new procedure to identify activities, on Sovereign Submerged Lands, projects of “heightened public concern.” Motion carried unanimously. (Tape 1, Side B – 09:70/25:80)

6. Overview of Pending Permit Report

This overview will familiarize Committee members with the format used in this Exhibit and future packets, and to answer any questions about the process or permits listed. The report is designed to assure that the Committee members are familiar with projects that requested more than 120 days time extensions and those projects that were not issued within 90 days of completion. Next month’s report will be larger, as it will contain an additional group of permits.

This item was presented for Committee member information only. No action was required. (Tape 1, Side B – 25:80/30:20)

Routine Reports 7. Overpumpage Activities 8. Southern Water Use Caution Area Quantities 9. Tampa Bay Water Well Mitigation Report 10. Demand Management Activities

Routine Reports, Items 7 – 10, were provided in the current Governing Board Packet. No action was required. (Tape 1, Side B – 30:20/31:30)

11. February Committee Meeting Agenda• Approval of the Minutes of the Committee Meeting of January 25, 2005 • Amend Rule 40D-4.041, F.A.C., to Create Mechanism to Provide Record Notice of

Environmental Resource Permits • Conservation Easement Guidelines Update • Marion County Well Permitting Delegation Update • Hillsborough County Environmental Protection Commission Memorandum of

Agreement • Development of (Next Month) Committee Meeting Agenda

The meeting was adjourned at 10:30 a.m.

EXHIBIT 1 - 40D-4.041

RULES OF THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

CHAPTER 40D-4 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

40D-4.041 Permits Required. (1) through (6) No change (7) For any Individual or General Environmental Resource Permit

issued in accordance with the requirements of paragraphs (1) and (2) of this rule for a residential subdivision, condominium, commercial subdivision or industrial park, the District will prepare and record in the county wherein the permitted project is located an informational notice of permit issuance. This notice shall not be considered an encumbrance on the property. This notice is not required for General Permits for Minor Systems, for Noticed General Permits, or for modifications of permits that have previously been noticed under this rule. Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171, F.S. Law Implemented 373.413, 373.416, 373.426, 373.427, F.S. History – Readopted 10-5-74, Amended 12-31-74, 9-4-77, 6-7-78, Formerly 16J-4.04, 16J-4.10(1), (2), (4), Amended 10-1-84, 301088, 10-3-95, 7-23-96, 10-16-96, 4-17-97, 10-11-01, 7-16-02, 9-26-02, 3-26-03, _______.

EXHBIIT 2 – 40D-4.041

INFORMATIONAL NOTICE OF ENVIRONMENTAL RESOURCE PERMIT RE: Southwest Florida Water Management District Environmental

Resource Permit No. ____________________ The Southwest Florida Water Management District (the "District") hereby gives notice that Environmental Resource Permit No. _______________ (the "Permit") has been issued to authorize the construction, alteration or operation of a surface water management system located on the real property described in Exhibit "A" attached hereto and incorporated herein (the "Property"). The Property is therefore subject to the requirements and restrictions set forth in Chapter 373, Florida Statutes (F.S.), Chapter 40D, Florida Administrative Code (F.A.C.), the Permit, and any subsequent modifications of the Permit. NOTICE The surface water management system that is the subject of the Permit may consist of ditches, swales, impoundments, reservoirs, ponds, lakes, pipes, culverts, dams, water control structures, appurtenant work or works, and other conveyance or discharge structures. This list is provided for informational purposes and is not all-inclusive. All interested persons are advised by this notice that no portion of the surface water management system can be constructed, operated, altered, abandoned or removed without an Environmental Resource Permit from the District. Optional paragraph 1 for permits with wetland mitigation – The Permit additionally authorizes the construction and operation of a wetland mitigation area or areas. The wetland mitigation area or areas will be identified in the Permit, and may also be identified by a plat or conservation easement. All interested persons are advised by this notice that no activity, including but not limited to construction, clearing, grading, dredging, or filling, may take place in any portion of a wetland mitigation area without an Environmental Resource Permit from the District. Optional paragraph 2 for residential subdivision permits - The homeowners' association documents, which may include articles of incorporation, deed restrictions, or declaration of covenants, related to the residential subdivision located on the Property may contain restrictions or obligations for homeowners relating to the operation and maintenance of the surface water management system or any wetland mitigation area authorized by the Permit. Accordingly, interested parties should closely examine these documents. Within thirty (30) days of any transfer of interest or control of the Property, or any portion thereof, containing the surface water management system, or any portion

thereof, the Permittee must notify the District in writing of the transfer. Notification of the transfer of the Property does not constitute a transfer of the Permit. Purchasers of the Property or any portion thereof are hereby notified that they must immediately contact the District to request transfer of the Permit or obtain a new Environmental Resource Permit. Within thirty (30) days of completion of construction of the surface water management system, a Statement of Completion and as-built construction drawings certified by a Professional Engineer licensed by the State of Florida must be submitted to the District, pursuant to Sections 373.419 and 373.430(1)(b), F.S., and Rule 40D-4.381(1)(m), F.A.C. CONDITIONS The Permit is subject to the General Conditions set forth in Rule 40D-4.381, F.A.C., and may also contain additional specific conditions. Accordingly, interested parties should closely examine the Permit and any subsequent modifications. CONFLICT BETWEEN NOTICE AND PERMIT This notice is not a complete summary of the Permit. Provisions of this notice will not be used in interpreting the Permit or its provisions. In the event of a conflict between this notice and the Permit, the Permit will control. THIS NOTICE IS NOT AN ENCUMBRANCE This notice is intended for informational purposes only. It is not intended to be a lien, encumbrance, or cloud on the title of the Property. RELEASE This notice may not be released or removed from the public records without the prior written consent of the Southwest Florida Water Management District. This notice is executed on the ___ day of ____________ 20__.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ____________________________ Deputy Agency Clerk

STATE OF FLORIDA COUNTY OF ________________

The foregoing instrument was acknowledged before me this ____ day of ______, 20__, by __________________, as ___________________ of the Southwest Florida Water Management District, a public corporation, on behalf of the corporation. He/she has produced ___________________________ as identification and did/did not take an oath. (SEAL) ________________________________ Notary Public (Signature) Commission No.___________________ ________________________________ (Name of Notary typed, printed or stamped) Personally known _________ OR produced identification ____________ Type of identification produced_______________________________________

EXHIBIT

RULES OF THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

CHAPTER 40D-4 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

40D-4.051 Exemptions. The following activities are exempt from permitting under this chapter: (1) through (7) No change. (8) In accordance with the provisions of Section 403.813(2), F.S., no

permit shall be required under chapters 40D-4, 40D-40 or 40D-400, F.A.C. for the following activities:

(a) No Change. (b) The installation, replacement or repair of mooring pilings and

dolphins associated with private docking facilities or piers. (c) The installation and repair of private docks, piers and

recreational docking facilities, or piers and recreational docking facilities of local government entities when the local governmental entity'senitity’s activities will not take place in any manatee habitat, which structures have 1000 square feet or less of surface area over wetlands or other surface waters or 500 square feet or less of surface area over wetlands or other surface waters which are Outstanding Florida Waters. This exemption shall include the construction of structures above the dock or pier area, such as gazebos and boat shelters, provided such structures are not enclosed with walls and doors, are not used for living, commercial purposes, or storage of materials other than those associated with recreational use and provided the structures do not exceed, together with the docking facility or pier, the total area limitations above. To quality for this exemption, any such structure:

1. through 3. No Change. 4. shall be the sole dock or pier constructed pursuant to

this exemption as measured along the shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot. For the purposes of this rule, multi-family living complexes and other types of complexes or facilities associated with the proposed private dock shall be treated as one parcel of property regardless of the legal division of ownership or control of the associated property. Construction of a dock under this exemption does not obligate the District to issue a subsequent permit to construct a channel to provide navigational access to the dock. Activities associated with a dock shall include the construction of the structures attached to the dock which are only suitable for the mooring or storage of boats (i.e., boatlifts). Nothing in this paragraph shall prohibit the Department from taking appropriate enforcement action pursuant to Chapter 403, F.S., to abate or prohibit any activity otherwise exempt from permitting pursuant to this paragraph

if the Department can demonstrate that the exempted activity has caused water pollution in violation of Chapter 403, F.S.

(d) The performance of maintenance dredging of existing manmade canals, channels, basins, berths, and intake and discharge structures, and previously dredged portions of natural water bodies within drainage rights-of-way or drainage easements which have been recorded in the public records of the county, where the spoil material is to be removed and deposited on a self-contained, upland spoil site which will prevent the escape of the spoil material and return water from the spoil site into waters of the wetlands or other surface waters, provided that no more dredging is performed than is necessary to restore the canals, channels, basins, berths, and intake and discharge structures, and previously dredged portions of natural water bodies, to original design specifications, and provided that the work is conducted in compliance with s. 370.12(2)(d), provided that no significant impacts occur to previously undisturbed natural areas, and provided that control devices for return flow and best management practices of erosion and sediment control are utilized to prevent bank erosion and scouring and are used at the dredge site to prevent turbidity, dredged material, and toxic or deleterious substances from discharging into adjacent waters during maintenance dredging. Further, for maintenance dredging of previously dredged portions of natural water bodies within recorded drainage rights-of-way or drainage easements, an entity that seeks an exemption must notify the department or water management district, as applicable, at least 30 days prior to dredging and provide documentation of original design specifications or configurations where such exist. This exemption shall apply to all canals and previously dredged portions of natural water bodies within recorded drainage rights-of way or drainage easements constructed before April 3, 1970, and to those canals and previously dredged portions of natural water bodies constructed on or after April 3, 1970, pursuant to all necessary state permits. This exemption shall not apply to the removal of a natural or manmade barrier separating a canal or canal system from adjacent wetlands or other surface waters. Where no previous permit has been issued by the Board of Trustees of the Internal Improvement Trust Fund, the Department, the District or the United States Army Corps of Engineers for construction or maintenance dredging of the existing manmade canal, channel, basin, berth or intake or discharge structure, such maintenance dredging shall be limited to a depth of no more than 5 feet below mean low water.

(e) through (o) No change. (9) through (12) No change.

Specific Authority 373.044, 373.118, 373.414(9), F.S. Law Implemented 373.406, 373.413, 373.414(9), F.S. History – Readopted 10-5-74, Formerly 16J-4.05, Amended 10-1-84, 10-1-86, 3-1-88, 1-24-90, 10-3-95, 4-18-01, 5-17-01, 4-9-02, 2-19-04, ___________.

40D-4.091 Publications and Agreements Incorporated by Reference. The following documents are hereby incorporated into this chapter and

Chapters 40D-40and 40D-400, F.A.C.: (1) "Basis of Review for Environmental Resource Permit Applications with

the Southwest Florida Water Management District, _____________ February 1, 2005. This document is available from the District upon request.

(2) Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between Southwest Florida Water Management District and Department of Environmental Protection, dated October 27,1998. This document is available from the District upon request.

(3) Chapter 62-344, F.A.C., Delegation of Environmental Resource Program to Local Governments.

(4) Memorandum of Understanding Between the Southwest Florida Water Management District and the Florida Department of Agriculture and Consumer Services for the Non-Binding Review of Disputed Environmental Resource Permitting Exemption Claims Under Section 373.406(2), F.S., dated December 13, 2002. This document is available from the District upon request. Specific Authority 373.044, 373.046, 373.113, 373.171, 373.414, F.S. Law Implemented 373.0361, 373.114, 373.171, 373.403, 373.413, 373.414, 373.416, 373.429, 373.441, F.S. History – New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95,12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-23-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, _______________.

40D-4.302 Additional Conditions for Issuance of Permits. (1) In addition to the conditions set forth in Rule 40D-4.301, F.A.C., in

order to obtain a general, individual, or conceptual permit under this chapter an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal, and abandonment of a system:

(a) through (b) No Change. (c) Located in, adjacent to or in close proximity to Class II waters or

located in Class II waters or Class III waters classified by the Department as approved, restricted or conditionally restricted for shellfish harvesting pursuant to Chapter 62R-7, F.A.C., will comply with the additional criteria in subsection 3.2.5 of the Basis of Review for Environmental Resource Permit Applications adopted by reference in Rule 40D-4.091, F.A.C. (d) through (2) No Change. Specific Authority 373.016, 373.044, 373.113, 373.171, F.S. Law Implemented 373.016, 373.042, 373.409, 373.413, 373.414, 373.416, 373.426, F.S. History – New 10-3-95, 9-26-02, 2-19-04, ____________.

ENVIRONMENTAL RESOURCE PERMITTING

INFORMATION MANUAL

3.1.1 Environmental Conditions for Issuance The District addresses the conservation of these beneficial functions in the permitting process by requiring applicants to provide reasonable assurance that the following conditions for issuance of permits, set forth in Sections 40D-4.301 (Conditions for Issuance) and 40D-4.302 (Additional Conditions for Issuance), F.A.C., are met. Applicants must provide reasonable assurance that: (a) through (b) No Change. (c) a regulated activity will not adversely affect the quality of receiving

waters such that the water quality standards set forth in Chapters 62-3, 62-4, 62-302, 62-520, 62-522 and 62-550, F.A.C., including any antidegradation provisions of Sections 62-4.242(1)(a) and (b), 62-4.242(2) and (3), and 62-302.300 and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in sections 62-4.242(2) and (3), F.A.C., will be violated (paragraph 40D-4.301(1)(e), F.A.C.);

(d) through (g) No change.

3.2.2 Fish, Wildlife, Listed Species and their Habitats

Pursuant to paragraph 3.1.1(a), an applicant must provide reasonable assurance that a regulated activity will not impact the values of wetlands, other surface waters and other water related resources of the District, so as to cause adverse impacts to: (a) the abundance and diversity of fish, wildlife and listed species; and (b) the habitat of fish, wildlife and listed species. In evaluating whether an applicant has provided such reasonable assurance under subsection 3.2.2, B.O.R., the magnitude of the effect of the regulated activity shall be considered, and de minimis effects shall not be considered adverse. As part of the assessment of the impacts of regulated activities upon fish and wildlife and their habitat, the District will provide a copy of all notices of application for standard general and individual permits, including conceptual permits, which propose regulated activities in, on or over wetlands or other surface waters to the Florida Fish and Wildlife Conservation Commission for review and comment. In addition, the District staff may solicit comments from the Florida Fish and Wildlife Conservation Commission regarding other applications to assist in the

assessment of potential impacts to wildlife and their habitats, particularly with regard to listed wildlife species. Where proposed activities have a potential to impact listed marine species, the District will provide a copy of the above-referenced types of applications to the Department of Environmental Protection. Generally, wildlife surveys will not be required. The need for a wildlife survey will depend upon the likelihood that the site is used by listed species, considering site characteristics and the range and habitat needs of such species, and whether the proposed system will impact that use such that the criteria in subsection 3.2.2 through 3.2.2.3 and subsection 3.2.7 will not be met. Survey methodologies employed to inventory the site must provide reasonable assurance regarding the presence or absence of the subject listed species.

4.2 Discharge - Off-site discharge is limited to amounts which will not cause

adverse off-site impacts. a. No Change b. Unless otherwise specified, off-site discharges for the existing and

developed conditions shall be computed using the Southwest Florida Water Management District's 24-hour, 25-year rainfall maps and the Natural Resource Conservation ServiceSoil Conservation Service's type II Florida Modified 24-hour rainfall distribution with an antecedent moisture condition II.

c. For a project or portion of a project located within a closed drainage basin, the required retention volume shall be the post-development runoff volume less the pre-development runoff volume computed using the Southwest Florida Water Management District's 24-hour/100-year rainfall map and the Natural Resource Conservation ServiceSoil Conservation Services type II Florida Modified 24-hour rainfall distribution with an antecedent moisture condition II. The total post development volume leaving the site shall be no more than the total predevelopment volume leaving the site for the design 100-year storm. The rate of runoff leaving the site shall not cause adverse off-site impacts. Maintenance of pre-development off-site low flow may be required in hydrologically sensitive areas. Exhibit2-05GBDepRulesRecap

1

Pending Permit Status

1

Permits Issued vs Time Extensions January 20, 2004 – January 19, 2005

517

48

3217

274

0

500

1000

1500

2000

2500

3000

3500

ERP WUP

Permits IssuedTime Extensions

2

Time Extension Requests January 20, 2004 – January 19, 2005

182

12

53

8 81833

18 17

020406080

100120140160180200

ERP WUP

1 - 30 days31 - 60 days61 - 90 days91 - 120 days>120 days

Permit Number

Permitting Department Permittee Name

Completion Date

Number of Days

Complete to Current Comments

43331.01 BA ORANGE CO LP 10/13/2004 100

This General is on Waiver through March 2005. Groundwater analysis of Crop Protection impacts, due to proposed wells, are being analyzed.

Complete Not Issued > 90 DaysWUPs

Permit Number

Permitting Department Permittee Name

Complete Date

Number of Days

Complete to Current Comments

2875.004 BRPASCO CO RIDGE RD/BROAD TO DECUBELLIS

9/10/2004 133Petitioned on November 5, 2004.

ERPsComplete Not Issued > 90 Days

WUP Permit # Permit NameApplication

Receive Date Amend DateComplete

Date Comments4912.006 CITY OF LAKELAND

ELECTRIC10/14/2003 Applicant requested time

extension.

WUP Applications Received > 365 DaysBartow

WUP Permit # Permit Name

Application Receive

Date Amend Date Complete Date Comments2479.005 WIREGRASS RANCH INC 10/31/2000 9/28/2004 Applicant requested multiple

extensions to reach completion, then deferred agency action through a series of waivers. In September 2004 the applicant amended the application. Applicant requested time extension.

451.003 PASCO BEVERAGE CO 5/30/2002 Applicant requested time extension.

4826.006 PLAZA MATERIALS CORPORATION

12/15/2003 9/14/2004 Applicant requested time extension. This mine permit is being integrated with an Environmental Resource Permit issued by Florida Dept. of Env. Protection

5245.007 PASCO CO UTILITIES 1/13/2004 11/9/2004 Applicant requested time extension.

WUP Applications Received > 365 DaysBrooksville

WUP Permit # Permit Name

Application Receive

DateAmend

DateComplete

Date Comments6872.008 BOB PAUL INC 3/22/2001 11/17/2003 Applicant requested time

extension.9311.003 PINEY POINT

PHOSPHATES INC3/27/2001 Applicant requested time

extension.

2839.007 CHARLOTTE CO UTILITIES

4/13/2001 Applicant requested time extension.

12503.000 V C HOLLINGSWORTH JR & III

7/23/2003 5/5/2004 12/29/2004 Complete application. Permitting decision is forthcoming.

12541.000 CORA BATTISTA DBA BATTISTA FARMS


12550.000 WILLIAM E CURRIE IV

11/13/2003 1/3/2005 Complete application. Permitting decision is forthcoming.

2689.005 EAST CHARLOTTE DRAINAGE DISTRICT

1/6/2004 Applicant requested time extension. District awaiting response.

WUP Applications Received > 365 DaysSarasota

WUP Permit # Permit NameApplication

Receive DateAmend

DateComplete

Date Comments7880.002 SAMUEL D & ANNE

M WILLIAMSON4/4/2002 6/4/04 Applicant requested time

extension.

10688.001 RONALD L. MCCLENDON


1628.003 RAY K. DRAWDY 3/24/2003 Applicant requested time extension.

8673.003 DIEHL FAMILY LP 5/23/2003 12/17/04 Applicant requested time extension.

3123.007 CHARLES G JR & DEBORAH GRIMES

6/19/2003 1/19/2005 Complete Application. Permitting decision forthcoming.

9585.003 OCEAN BREEZE PROPERTIES LLC

8/26/2003 1/21/04 1/12/2005 Complete Application. Permitting decision forthcoming.

1124.011 ARTESIAN FARMS INC

8/29/2003 11/12/04 Applicant requested time extension.

12554.000 TIM A TILLETT 11/20/2003 10/28/04 2/2/2005 Complete Application. Permitting decision forthcoming.

6438.004 JAYMAR FARMS INC 11/24/2003 8/26/04 Applicant requested time extension.

WUP Applications Received > 365 DaysTampa

ERP # Project NameReceived

DateAmend

DateComplete

Date Comments25385.000 MULBERRY CITY OF

EMERG AUTH MCKAY PIT


25740.000 PUBLIX AT AUBURNDALE

8/20/2003 Response overdue. Pursuing withdrawal or denial.

26217.000 AMBER ESTATES 11/6/2003 Applicant requested time extension.

19187.001 ROSEWOOD SUBDIVISION CONCEPTUAL SWM

11/12/2003 1/20/2005 Information received and under review

18367.002 DR JURBALA OFFICE BLDG


ERP Applications Received > 365 DaysBartow


DateAmend

DateCompletion

Date Comments21328.000 HALLS RIVER RETREAT 9/1/2000 5/22/2001 Waiting on Division of Administrative

Hearing6685.004 EMERALD POINTE-BOAT

DOCK11/6/2002 Applicant requested time extension.

3010.076 MEADOW POINTE-PARK ACCESS RD

11/7/2002 12/20/2004 Applicant requested time extension and RAI letter sent 1/19/05

24375.001 CREEK HOLLOW 7/15/2003 12/24/2003 Applicant requested time extension.

2875.004 PASCO CO-RIDGE RD/BROAD TO DECUBELLIS

8/12/2003 9/10/2004 Waiting on Division of Administrative Hearing

23527.001 PRESERVE AT CRYSTAL RIVER(SUNCOAST CTR)


26110.000 CRYSTAL RIVER CITY OF-CR 02-SIDEWALK


24435.001 RUSCH PROPERTY 10/16/2003 Response overdue. Pursuing withdrawal or denial.

5303.003 CAMP WAREHOUSE 11/5/2003 12/18/2003 Information Received and under review.

9630.029 GLEN LAKES PH 1 UNIT 4F-4H

11/14/2003 Information Received and under review.

ERP Applications Received > 365 DaysBrooksville


DateAmend

DateCompletion

Date Comments

ERP Applications Received > 365 DaysBrooksville

5303.004 VANAMANN WAREHOUSE 12/18/2003 Information Received and under review.

13740.002 BEXLEY RANCH 12/29/2003 Applicant requested time extension.

14138.003 WALMART-LAND O LAKES 12/29/2003 Applicant requested time extension. Clarification letter sent on 1/26/05

1074.006 MOORINGS AT POINT O WOODS PH 4 PARCEL D

1/6/2004 Applicant requested time extension. Clarification letter sent on 1/07/05

17053.000 AMSOUTH BANK-OCALA MARKET PLACE


6603.004 FOREST GLENN II 1/14/2004 11/16/2004 Applicant requested time extension. Clarification letter sent on 12/09/04

17575.021 PASCO CO STARKEY BLVD 1/26/2004 1/13/2005 Applicant requested time extension.

ERP # Project Name Received Date Amend DateComplete

Date Comments14092.002 NPCI EXCAVATION 2/21/2001 11/6/2003 Response overdue. Pursuing withdrawal or

denial. 14400.005 POMELLO RANCHES LOT

49N4/11/2001 Response overdue. Pursuing withdrawal or

denial. 9770.003 PEACE RIVER

CAMPGROUND BOAT RAMP

2/25/2002 Applicant requested time extension. Response is overdue. Pursuing withdrawal or denial.

24360.000 ST MARKS ORTHODOX CHURCH PHASE I

10/23/2002 10/26/2004 Response overdue. Pursuing withdrawal or denial.

24494.000 DESOTO CO-MCCLELLAND RD


24579.000 BRADEN RIVER MITIGATION BANK


8262.004 GEORGIA NOKOMIS GROUP


25776.000 DOT-SR 64/E LAKEWOOD RCH BLVD/-LORRAINE


25839.000 PARKER DESOTO 9/9/2003 Applicant requested time extension.26142.000 JOHNSON GLEN

SUBDIVISION10/22/2003 Information Received and under review.

26201.000 GIFTS FROM GOD COMMUNITY CENTER


2947.063 TRIANGLE ACRES CNTR LOT F/CALDWELL BNKR


ERP Applications Received > 365 DaysSarasota


Date Comments

ERP Applications Received > 365 DaysSarasota

26286.000 BROADWAY BAR RESTAURANT/THE BROADWAY

11/24/2003 1/18/2005 Complete application. Permitting decision forthcoming.

21118.008 RIVER WILDERNESS PH III-SUB PH E F G H M


19700.002 PHILLIPPI LANDINGS BRIDGE



Date Comments25483.000 YARDARM DEVELOPMENT INC 7/17/2003 Applicant requested time extension.

Response is overdue. Pursuing withdrawal or denial.

18782.004 MADISON DAY CARE 8/12/2003 Information Received and under review.

26260.000 MIRROR LAKE TOWNHOMES 11/18/2003 12/14/2004 Information Received and under review.

21651.001 BANK OF AMERICA DRIVE THRU ADDITION


26369.000 SHADY COVE SUBDIVISION PHASE 2


25334.001 BOCA SANDS CONDOMINIUMS 12/24/2003 Applicant requested time extension. Response is overdue. Pursuing withdrawal or denial.

18391.002 VENTANA NORTH 12/31/2003 Information Received and under review.

ERP Applications Received > 365 DaysTampa

OVERPUMPAGE ACTIVITY REPORT MAY 1, 2000 – December 21, 2004

Table 1. CUMULATIVE SUMMARY OF ACTIVITIES

Service Office Projects Under

Review

Justified / Closed

Preparing for Legal/Technical

Services

Active Files in Legal

Legal Files Closed Total Files

Bartow 0 383 0 1 26 410

Brooksville 6 73 1 2 17 99

Sarasota 2 249 1 2 9 263

Tampa 0 227 0 1 25 253

Totals 8 932 2 6 77 1025

*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

OVERPUMPAGE ACTIVITY REPORT

MAY 1, 2000 – December 21, 2004 Table 2. PROJECTS UNDER REVIEW * Permit No.

Permittee

Use Type

Overpumpage Report Date

Service Office

2000215.009 Florida Crushed Stone MD & R 12/21/04 Brooksville

2000923.005 Travelers Rest, Inc. P 12/21/04 Brooksville

2005642.002 Golden Hills Golf and Turf Club R 12/21/04 Brooksville

2006792.004 Sun Communities Operating LP P 12/21/04 Brooksville

2010476.003 Del Webbs Spruce Creek Comm. R 12/21/04 Brooksville

2011631.001 Tealbrooke Golf, Inc. R 12/21/04 Brooksville

2006059.005 M Plus Ranch, Inc./West Florida A 11/24/04 Sarasota

2012606.000 FC LLC & Myakka Ranch Holdings A 11/24/04 Sarasota

P = Public Supply R = Recreational A = Agricultural MD = Mining/Dewatering IC = Industrial/Commercial


Table 3. PREPARING FOR LEGAL/TECHNICAL SERVICES Permit No.

Permittee

Use Type

Permitted

Annual Average

Overpumpage Report Date &

Estimated Annual Average Use

Estimated Percent

Over Permit

Service Office

2008997.006 Inverness Golf and Country Club, Inc. R 211,000 gpd

Standard Annual Average Overage

8/25/04 261,730 gpd

24% Brooksville

2011438.001 Taylor Woodrow Communities R 266,500 gpd

Standard Annual Average 11/24/04

280,509 gpd

5% Sarasota



Table 4. ACTIVE FILES IN LEGAL

Permit No. Permittee Use Type

Permitted Annual

Average

Overpumpage Report Date & Annual Average Use

Percent Over

Permit

Service Office

GB Aprvd CO Date

2006509.003 Polk County NERUSA P 6,054,600 gpd 8/2004

4,567,195 gpd 0% Bartow 10/2003

2006509.003 Polk County NERUSA P Van Fleet

856,200 gpd

Individual Well Overage 8/2004 3,154,814 gpd

268.5% Bartow 10/2003

2006509.003 Polk County NERUSA P Polo Davenport

298,400 gpd

Individual Well Overage 8/2004

483,667 gpd 62.1% Bartow 10/2003

2006509.003 Polk County NERUSA P Holiday Inn

26,800 gpd

Individual Well Overage 8/2004

42,493 gpd 58.6% Bartow 10/2003

2003182.004 Aloha Utilities P 2,040,000 gpd 11/2000 2,885,176 gpd 41.5% Brooksville 03/2002

2011404.005 Village Center Community Dev. Dist. P & R 6,050,000 gpd

Standard Annual Avg. Overage

7/27/04 6,361,959 gpd

5.1% Brooksville N/A

2004866.006 Englewood Water District P 5,360,000 gpd 08/2003

2,283,138 0% Sarasota N/A

2004866.006 Englewood Water District P

Well Field 112,000 gpd

25 Wells

Individual Wells Overage 8/2003

14,400 gpd 7 of 25 Wells

20% Sarasota N/A



Table 4. ACTIVE FILES IN LEGAL

Permit No. Permittee Use Type

Permitted Annual

Average

Overpumpage Report Date & Annual Average Use

Percent Over

Permit

Service Office

GB Aprvd CO Date



18 Wells



263% Sarasota N/A



12 Wells



191% Sarasota N/A

2004725.004 City of Arcadia P 1,017,000 gpd 5/27/03 1,173,476 gpd

15%

Sarasota N/A

2003657.002 Mainlands of Tamarac by the Gulf R 179,800 gpd

Standard Annual Avg. Overage 4/27/04

306,250 gpd

70.5% Tampa N/A

SOUTHERN WATER USE CAUTION AREA

1/31/05Database as of 1/21/05

February 2005 Governing Board

PERMITTED QUANTITIES FROM THE FLORIDAN AQUIFER

900

950

1,000

1,050

1,100

1,150

1,200

1,250

1,300

Aug-98Dec

-98Apr-9

9Aug-99Dec

-99Apr-0

0Aug-00Dec

-00Apr-0

1Aug-01Dec

-01Apr-0

2Aug-02Dec

-02Apr-0

3Aug-03Dec

-03Apr-0

4Aug-04Dec

-04

MONTH-YEAR

Mill

ion

Gal

lons

Per

Day

Annual Average Quantities

SOUTHERN WATER USE CAUTION AREA

1/31/05Database as of 1/21/05

February 2005 Governing Board

PERMITTED QUANTITIES FROM THE INTERMEDIATE AQUIFER

75

85

95

105

115

Aug-98Dec

-98Apr-9

9Aug-99Dec

-99Apr-0

0Aug-00Dec

-00Apr-0

1Aug-01Dec

-01Apr-0

2Aug-02Dec

-02Apr-0

3Aug-03Dec

-03Apr-0

4Aug-04Dec

-04

MONTH-YEAR

Mill

ion

Gal

lons

Per

Day

Annual Average Quantities

Governing Board Meeting February 22, 2005 Resource Management and Development Committee Consent Items 12. January 25, 2005 Committee Meeting Minutes 13. Presented to Alafia River Basin Board

a. Access License Agreement to Tampa Bay Water for Ecologic Monitoring of the South Central Wellfield – Alafia River Corridor and Medard Park Projects,

SWF Parcel Nos. 11-709-135X and 11-100-145X .................................................... 2 b. Lease Agreement for Sod Operation between the District and Bay Breeze Farms, Inc. – Tampa Bay Estuarine Ecosystem Project,

SWF Parcel No. 11-728-113X .................................................................................. 2 14. Presented to Hillsborough River Basin Board - Tampa Bypass Canal – Surplus of SWF Parcel No. 13-003-396S (Formerly Known as the Riga Tract) ............ 3 15. Presented to Manasota Basin Board - Acquisition and Management Agreement

with Manatee County – Lower Manatee River Floodway Project .................................... 6 16. Presented to the Coastal Rivers and Withlacoochee River Basin Board – Withlacoochee Regional Water Supply Authority Water Supply Plan ............................. 6 17. Presented to the Withlacoochee River Basin Board

a. Marion County Water Resource Assessment and Management Project .................. 8 b. Access and Use License Agreement to United States Geological Survey for Ecologic Monitoring of the Ground-Water/ Surface-Water Interaction along the Withlacoochee River – Upper Hillsborough, Green Swamp West and Potts Preserve Projects, SWF Parcel Nos. 10-400-164X, 19-410-122X and 19-484-120X ...................................................................................................... 9 18. Presented to the Alafia River, Hillsborough River, Coastal Rivers, Hillsborough River, Northwest Hillsborough, Pinellas-Anclote River, and Withlacoochee River Basin Boards - North Tampa Reclaimed Water Pipeline Project - Phase 2 Preliminary Design and Feasiblity ................................................................................. 10 Discussion Items

19. Peace Creek Watershed Coordinating Committee ....................................................... 11

20. Water Planning Alliance ................................................................................................ 13

Routine Reports

21. Florida Forever Status Report ....................................................................................... 14

22. Land Resources Department Significant Activities ....................................................... 14

23. Minimum Flows and Levels Status Report .................................................................... 15

24. Hydrologic Conditions Report ....................................................................................... 15

25. Structure Operations Status Report .............................................................................. 16

26. March Committee Meeting Agenda ............................................................................... 16

Resource Management & Development - 2 - February 22, 2005 Committee Summary Consent Items 12. January 25, 2005 Committee Meeting Minutes


13. Presented to Alafia River Basin Board a. Access License Agreement to Tampa Bay Water for Ecologic Monitoring of the

South Central Wellfield – Alafia River Corridor and Medard Park Projects, SWF Parcel Nos. 11-709-135X and 11-100-145X

Tampa Bay Water (TBW) has requested a license agreement for access through the Medard Park and Alafia River Corridor projects for the monitoring of water levels associated with the South Central Wellfield. The monitoring of water levels associated with withdrawals is required under the TBW’s Water Use Permit No. 204352.05. The term of the license will run concurrent with the duration of the current water use permit, which expires in of November 2006, and any future revisions. Monitoring activities consist of maintaining and reading an assortment of existing staff gauges, monitoring wells and piezometers. These instruments indicate changes in both surface and sub-surface water levels. TBW shall enter District-owned lands only through designated access points and shall construct no new roads. This item was approved by the Alafia River Basin Board at its February 3, 2005, meeting. Staff Recommendation: Approve the license agreement between the District and Tampa Bay Water for SWF Parcel Nos. 11-709-135X and 11-100-145X. Presenter: Will Miller, Senior Land Use Specialist, Land Resources Department

b. Lease Agreement for Sod Operation between the District and Bay Breeze Farms, Inc. – Tampa Bay Estuarine Ecosystem Project, SWF Parcel No. 11-728-113X

In October of 2003, the District purchased 2,397 acres identified for restoration and preservation by the District’s Surface Water Improvement and Management (SWIM) Program from Tampa Electric Company (TECO). These lands are located in southern Hillsborough County, west of US Highway 41 and just north of the Manatee-Hillsborough County line, and were purchased subject to two sod leases. The leases encompass 96 and 268 acres, totaling approximately 364 acres. At the time of sale the leases had been converted to month-to-month tenancies by TECO. Subsequent to the District’s purchase, the lessee of the 268-acre lease abandoned their leasehold interest. District staff anticipates beginning restoration activities in 2008. In the interim, having a lessee on the property benefits the District by shifting responsibility for maintenance costs associated with mowing, control of exotic plant species, maintenance of fencing and security from the District to the lessee. For example, the 268-acre parcel is overgrown and needs mowing to control weeds and exotics, thereby assisting with the planned restoration of the property.

Resource Management & Development - 3 - February 22, 2005 Committee Summary

Therefore, District staff is proposing to enter into a lease agreement with the current remaining tenant, Bay Breeze Farms, Inc. of Bartow, Florida, for the entire 364 acres. The term of the lease will be for an initial two-year period, with two subsequent one-year options at the sole discretion of the District. The previous lease with TECO was based on $3.00/pallet of sod. Attempts to determine the production from past years were unsuccessful. Current market rates for sod leases are approximately $3.00/pallet of bahia sod with average yield rates of 62 pallets per acre every two years. Approximately 74 percent of the property is overgrown with dog fennel, broom sedge and other undesirable weeds, thereby reducing yield rates and increasing production costs significantly. The proposed annual lease fee will be $5,460 or $15 per acre. This fee is a flat rate fee and is justified for the reasons previously mentioned, and is consistent with the going rate for cattle leases. A notice of intent to lease will be published in accordance with Section 373.093, Florida Statutes. This item was approved by the Alafia River Basin Board at its February 3, 2005, meeting. Staff Recommendation: See Exhibit 13.b. Approve the Lease Agreement with Bay Breeze Farms for SWF Parcel No. 11-728-113X. Presenter: Will Miller, Senior Land Use Specialist, Land Resources Department

14. Presented to Hillsborough River Basin Board - Tampa Bypass Canal – Surplus of SWF

Parcel No. 13-003-396S (Formerly Known as the Riga Tract)

The Riga Tract consists of 64 acres of commercial/ industrial lands east of U.S. Highway 301, south of Broadway Avenue and was recommended for surplus by the Hillsborough River Basin Board on August 14, 2003. The Governing Board declared the property surplus at its September 23, 2003 meeting. The Land Resources Department has been actively marketing the property. Since the beginning of January, the District received four offers to purchase SWF Parcel No. 13-003-396S and is requesting the Board authorize staff to negotiate an acceptable purchase/sales agreement with the companies presenting the most beneficial proposals. The property was originally acquired in 1971 through eminent domain proceedings as part of the construction of the Tampa Bypass Canal and used as a spoil site. The District utilized Hillsborough River Basin Board ad valorem tax revenues to acquire the site. As such, any revenues generated from the sale of the tract will be returned to the Hillsborough River Basin Board’s General Fund. Section 373.089(1), Florida Statutes (F.S.), requires that the sale of District lands shall be for no less than the appraised value established within 120 days of the sale. In February of 2004 the District's independent appraiser reported a market value of $3,900,000. Although the site currently has split zoning of agricultural residential (AR) on 40 acres and manufacturing (M) on 24 acres, the District appraisal was based on the assumption the entire site could be zoned manufacturing, which is consistent with surrounding land uses. The appraisal was also based on the assumption of concurrency with any applicable land use/growth management plans currently in affect. As stated above, since January the District has received four proposals. A summary of the terms and conditions of each are presented below.


Land South Holdings, LLC. • Offer amount: $3,900,000 • District will supply Buyer with a title insurance commitment within 30 days of contract

execution. • Buyer requires 90 days to conduct Feasibility Study (Study). The Study entails geo-technical

investigations, determination of zoning and land use compliance, availability of utilities, an environmental site assessment and other due diligence deemed necessary by Buyer to determine the site’s suitability for the intended use.

• Study is to be completed within 90 days and District is to receive copy of Study regardless of whether sale occurs.

• Buyer will deposit $25,000 in escrow pending outcome of Study. • If property is deemed unacceptable by Buyer within the original Study period, all escrowed

funds are returned to Buyer. • If property is deemed acceptable, an additional $100,000 will be placed in escrow at the

expiration of Study period. The $100,000 is non-refundable unless District causes sale not to occur. If Buyer causes sale to not occur, $125,000 is split between District and Broker.

• Closing to occur within 60 days of expiration of 90-day Study period (approximately five months from contract execution). District to pay documentary stamps on deed, Buyer’s title insurance policy and any recording fees for documents needed to cure title.

• Sales commission is ten percent ($390,000) of sale price. • Balance of funds due at closing. • Estimated net proceeds to District: $3,469,825 Land South Holdings originally requested a Feasibility Study period of 180 days; staff negotiated a reduction of 90 days in order to reduce the timeline to closing or withdrawal. Lindell Investments, Inc. • Offer amount: $3,900,000 • Buyer requires 90 days to conduct Feasibility Study (Study). The Study entails geo-technical


• Buyer will deposit $250,000 in escrow pending outcome of Study. • If property is deemed unacceptable by Buyer within the original Study period, all escrowed

funds are returned to Buyer. • Study period may be extended for an additional 90 days with $50,000 of escrowed funds

becoming non-refundable. • All escrowed funds shall be deemed non-refundable if Buyer defaults after Study period. • If Study period is extended and sale occurs, $50,000 earnest money is credited to purchase

price. • Closing to occur within 30 days of expiration of Study period (four to seven months from

contract execution). District to pay documentary stamps on deed, Buyer’s title insurance policy and any recording fees for documents to cure title.

• Sales commission is five percent ($195,000) of sale price. • Balance of funds due at closing. • Estimated net proceeds to District: $3,652,325 Industrial Developments International, Inc. • Offer amount: $4,500,000 • Buyer requires 90 days to conduct Feasibility Study (Study). The Study entails geo-technical


• Buyer will deposit $75,000 in escrow pending outcome of Study.


• If property is deemed unacceptable by Buyer within the original Study period, all escrowed funds are returned to Buyer.

• At end of Study period, if Buyer has not withdrawn, an additional $150,000 shall be placed in escrow.

• Closing to occur within 30 days of completion of due diligence. (four to seven months from contract execution). District to pay documentary stamps on deed, recording fees for documents to cure title and ½ of any escrow fees.

• There is no sales commission. • Balance of funds due at closing. • Estimated net proceeds to District: $4,468,200 Florida Rock, Inc. • Offer amount: $4,000,000 • District will supply Buyer with an abstract of title. • Buyer requires 90 days to conduct Feasibility Study (Study). The Study entails geo-technical


• Buyer will deposit $50,000 in escrow pending outcome of Study. • If property is deemed unacceptable by Buyer, within the original study period, all escrowed

funds are returned to Buyer. • Closing to occur within 60 days of completion of due diligence (five months from contract

execution). District to pay documentary stamps on deed and recording fees for documents to cure title.

• Sales commission is five percent ($200,000) of sale price. • Balance of funds due at closing. • Estimated net proceeds to District: $3,771,700 Reconciliation

Offeror Offer Amount Commission Other

Costs1

Estimated Net

Proceeds

Land South Holdings $3,900,000 $390,000 (10%) $40,175 $3,469,825

Lindell Investments $3,900,000 $195,000 (5%) $52,675 $3,652,325Industrial Developments $4,500,000 0 N/A $31,800 $4,468,200Florida Rock Industries $4,000,000 $200,000 (5%) $28,300 $3,771,700

1 Other costs include, but are not limited to, costs of: survey, documentary stamps, recording fees for documents to clear title and title insurance.

In order to comply with Chapter 373.089(1), F.S., the District will acquire an updated appraisal. All offers are subject to the District’s updated appraisal establishing the value of the property at not more than $3,900,000. If the updated appraisal indicates an increase in the market value of the property, only those offers that meet or exceed the increased appraised value will be considered. The District’s Office of General Counsel has reviewed the contracts for sale and determined that there are no insurmountable conditions or stipulations contained therein. Title to the property will be conveyed via a quitclaim deed. This item is scheduled to be presented to the Hillsborough River Basin Board at its February meeting. The Board will be advised of the Basin Board’s recommendation at the meeting.


Staff Recommendation: Authorize staff to negotiate with all qualified companies in descending order for an acceptable Purchase/Sale Agreement, subject to the Office of General Counsel’s approval, for SWF Parcel No. 13-003-220.

Presenter: Will Miller, Senior Land Use Specialist, Land Resources Department

15. Presented to Manasota Basin Board - Acquisition and Management Agreement with

Manatee County – Lower Manatee River Floodway Project

In September 2000, the Governing Board authorized the acquisition of up to 7,462 acres for the Lower Manatee River Floodway project. The funding source for the acquisition project is the Florida Forever Trust Fund. A general location map of the project area is included in the board packet as an exhibit to this item. On November 2, 2004, the Manatee County Board of County Commissioners unanimously approved an Acquisition and Management Agreement with the District for 420 acres of priority lands within the Lower Manatee River Floodway project area. The agreement provides for the District and Manatee County to combine their resources to acquire these flood-prone properties identified by the County as priority acquisitions. A total of 15 parcels are identified in the agreement. The agreement assigns the responsibility for the acquisition of fee or less than fee interests in 228 acres of property held by five landowners to the County and 192 acres of property held by ten landowners to the District. The District will hold title to the parcels it acquires solely in its name. However, the County will be responsible for the management, including security, of all of the acquired parcels. In addition, the County will be responsible for the demolition of any existing structures on lands acquired by the District within 120 days of acquisition, unless otherwise agreed by the District. The agreement requires the County to prepare a Management Plan for the project within one year of the acquisition of the first parcel by the District. In the agreement, both parties acknowledge and agree that the acquisitions are purely voluntary and they only have an obligation to use their best efforts, consistent with their normal acquisition practices, to acquire any specific parcel. This item is scheduled to be presented to the Manasota Basin Board at its February meeting. The Board will be advised of the Basin Board’s recommendation at the meeting. Staff Recommendation: See Exhibit 15 Approve the Acquisition and Management Agreement with Manatee County. Presenter: Fritz H. Musselmann, Director, Land Resources Department

16. Presented to the Coastal Rivers and Withlacoochee River Basin Board - Withlacoochee

Regional Water Supply Authority Water Supply Plan

Purpose This is to request the transfer of $75,000 from the General Fund Water Supply and Resource Development Reserves to the Resource Conservation and Development Department to cooperatively fund, with the Withlacoochee Regional Water Supply Authority (WRWSA), the 2005 update of the Authority's water supply plan. The plan will include an assessment of future demand projections for the area and the identification of water supply options that are potentially available to meet those demands. The Coastal Rivers and Withlacoochee River Basin Boards previously approved an additional $75,000 ($37,500 each) for the project at their February 2005 meetings for a total District funding commitment of $150,000.


Background The WRWSA covers three counties in the northern District region (Citrus, Hernando, and Sumter) as well as a number of municipalities. In order to assist local governments in planning for their future water supply needs, the Authority is initiating an update of its water supply plan. Concurrently, the District is working on the 2005 update of its Regional Water Supply Plan (RWSP); however, the area covered by the WRWSA is not included in the plan. This is because the northern District area has not experienced the magnitude of water resource impacts that have occurred in the southern 10 counties. Because it is a high growth area, it is important that future water supply planning begin in order to avoid the resource impacts that have occurred in other areas. Identifying potential water supply options and their associated costs, for example, would highlight the benefits of implementing conservation in order to extend the water supply capacity of traditional ground-water sources. With respect to improving the District's understanding of water resources in the area, the District is currently conducting the Northern District Water Resources Assessment Project (NDWRAP). The NDWRAP is being conducted to expand data collection efforts and develop the analytical tools necessary for assessing effects of withdrawals on water resources. Cooperatively funding the update of the WRWSA's water supply plan will enable the District to advance the planning process in the region to ensure the long-term sustainability of water resources. Major tasks associated with updating the Authority's water supply plan include: 1) assessing future water demands; 2) assessing ground-water and surface water supplies; 3) identifying and evaluating the feasibility of potential water supply options; 4) preparing a long-term GIS project database; and 5) public outreach. The public outreach efforts will include one-on-one meetings with local government staff. These meetings will help ensure that existing data and future forecasts are reliable and provide an opportunity for input. Data, information and analysis performed for the water supply plan will be incorporated into the District's future water supply planning efforts for the region. Marion County has also initiated development of a county-wide Water Resource Assessment and Management Study (WRAMP). The purpose of the WRAMP is to inventory, evaluate, and assess available water resources and the long-term water requirements of Marion County and determine how the county can meet its future water supply needs in an environmentally-sustainable manner. It is critical for the region and the District that the county and WRWSA planning efforts can be readily incorporated into the District's efforts. Assumptions, data collection, public outreach and feasibility analyses must be comparable to ensure consistency and accuracy between both plans. The coordination between Marion County and the Authority that will occur through this process will facilitate future cooperation between these two entities. This regional cooperation will ensure that efforts for water supply development, cooperative projects and enhanced conservation will not stop at political boundaries. Already the Authority has been invited to sit on Marion County’s Technical Advisory Committee (TAC). The Authority in turn is discussing having the county participate on their TAC. This cooperation is expected to continue to increase as the studies are pursued. Benefits/Costs Results from the project will be used to supplement the District's future regional water supply assessments in the Northern District area. Funding this project will also ensure that the entire District area, with the exception of Lake and Levy Counties, is encompassed by a water supply planning effort in 2005. The project will be a cooperative effort funded by the WRWSA and the District. Total cost of the water supply plan is $300,000 split evenly between the Authority and District, with the District's share contributed by the Withlacoochee River Basin Board ($37,500), the Coastal Rivers Basin Board ($37,500), and the Governing Board ($75,000). The duration of the project will be two years.


Impact if Not Funded If this project is not funded, delays will occur in the data collection and analysis that are critical to the water supply planning that is needed for successful water resources management and water supply development in the northern District area. Because of the high rate of growth that is occurring, it is especially important to establish a planning process before unacceptable resource impacts occur. Staff Recommendation: Recommend the Governing Board: (1) approve the transfer of $75,000 from its General Fund Water Supply and Resource Development Reserves to the Resource Conservation and Development Department, and (2) approve the Agreement with the WRWSA for $300,000 effective January 1, 2005, with the Governing Board's share not to exceed $75,000 and the Coastal Rivers and Withlacoochee River Basin Board's share not to exceed $37,500 each; and authorize the Executive Director to sign the Agreement. Presenter: Gregg W. Jones, P.G., Director, Resource Conservation and Development Dept.

17. Presented to the Withlacoochee River Basin Board

a. Marion County Water Resource Assessment and Management Project

Purpose This is a request to transfer $75,000 from the Governing Board's Water Supply and Resource Development Reserves to the Hydrologic Evaluation Section to conduct a two-year study that will investigate water supply demand and anticipated future sources of water in Marion County. The Withlacoochee River Basin Board previously approved an additional $75,000 for the project at their February 2005 meeting for a total District funding commitment of $150,000. Background/History In August 2004, District Staff met with representatives of Marion County to discuss the District's participation in an assessment of water supply demands and future water sources in the county. Since the county falls within two water management districts, it was recognized that it would be necessary for the county to work with both districts to accomplish their goals. The St. Johns River Water Management District (SJRWMD) recently completed an assessment of future water demands and the impact of these demands on water resources. Because of the projected impacts of these demands, the SJRWMD declared portions of their area as a priority water resource caution area, including Lake County to the south of Marion County and portions of southern Marion County. District staff has been meeting with SJRWMD staff to discuss the implications of this designation on future water supply planning in the region. As a result of the SJRWMD's efforts, it was decided that a comprehensive county-wide assessment of water demands and sources was needed immediately. As proposed during discussions with the county, the Southwest Florida Water Management District (SWFWMD), SJRWMD, and Marion County would cooperatively fund the proposed project, entitled, "Marion County Water Resource Assessment and Management Project (WRAMP)." The WRAMP is a study to inventory, evaluate and assess the available water resources and long term water requirements of Marion County, and to identify through computer modeling how Marion County can meet its future water supply needs in an environmentally-sustainable manner. Marion County will take the lead in managing the WRAMP with technical input and oversight by the participating water management districts. The WRAMP will also involve analyzing and modifying, as necessary, comprehensive plan policies and land development regulations aimed at protecting, developing and managing Marion County's water resources. A specific component of the WRAMP will involve identifying - through a GIS-based screening process - optimal


locations within the county where quantities of ground water could potentially be withdrawn to meet future demands. The project also incorporates the use of a regional groundwater flow model to simulate changing groundwater conditions related to future withdrawals from the identified areas. From this modeling, assessments of the availability of future groundwater withdrawals subject to environmental constraints can be made. Based on this analysis, Marion County will refine its future water supply infrastructure and management systems plans, including the identification of other groundwater source locations or if necessary, alternative sources of water supply, such as treating surface water from the Ocklawaha River. Benefits/Costs Results from the project will be used to supplement future regional water supply assessments in the Northern District area and lead to improved coordination and communication on water resource issues between the SWFWMD, the SJRWMD and Marion County. The project will be a cooperative study funded by Marion County, the SJRWMD, and the SWFWMD. The total cost of the study is $595,483. The SWFWMD is contributing $150,000 with $75,000 allocated from the Governing Board's Water Supply and Resource Development Reserves and $75,000 from the Withlacoochee River Basin. The Marion County WRAMP is a two-year project that is scheduled for completion in December 2006. A copy of agreement is available upon request. Impact If Not Funded This project is critical for effective water supply planning in the northern part of the SWFWMD. The project will provide significant data collection and scientific analysis for the Northern District Water Resources Assessment Project, scheduled for completion in 2010. It will also lead to enhanced coordination and communication between the SWFWMD, the SJRWMD, and Marion County. If not funded, information crucial to the success of water resources planning in the Northern District will be significantly hindered. Staff Recommendation: Recommend the Governing Board: (1) approve the transfer of $75,000 from its Water Supply and Resource Development Reserves to the Hydrologic Evaluation Section, and (2) approve the Agreement with Marion County, effective as of the first day of October 2004, for $595,483, with the Governing Board's share not to exceed $75,000 and the Withlacoochee River Basin Board's share not exceed $75,000 contingent upon Basin Board approval in February; and authorize the Executive Director to sign the Agreement. Presenter: Gregg W. Jones, P.G., Director, Resource Conservation & Development Dept.

b. Access and Use License Agreement to United States Geological Survey for Ecologic Monitoring of the Ground-Water/ Surface-Water Interaction along the Withlacoochee River – Upper Hillsborough, Green Swamp West and Potts Preserve Projects, SWF Parcel Nos. 10-400-164X, 19-410-122X and 19-484-120X

The United States Geological Survey (USGS) has requested a license agreement for access and use of District lands contained in the Potts Preserve, Upper Hillsborough and Green Swamp West projects for monitoring of the ground-water/surface-water interaction along the Withlacoochee River. The monitoring of the interaction is contained in a cooperatively funded project between the District’s Withlacoochee River and Coastal Rivers Basin Boards, the Governing Board and the USGS. Total project costs are estimated to be $709,845 with the Withlacoochee River Basin Board contributing $104,723, the Coastal Rivers Basin Board contributing $75,315, the Governing Board contributing $179,807 and the USGS providing the balance of $350,000.


Monitoring activities consist of installing and reading five monitoring wells. The monitoring of these wells will provide insight as to whether the river is receiving or losing water at the measurement site. USGS shall enter District-owned lands only through designated access points and will construct no new roads. Long term monitoring is anticipated for this study, therefore, the term of the license is ten years with an option to renew for an additional ten years, at the sole discretion of the District. This item is scheduled to be presented to the Withlacoochee River Basin Board at its February meeting. The Board will be advised of the Basin Board’s recommendation at the meeting. Staff Recommendation: See Exhibit 17.b. Approval of the license agreement between the District and the United States Geological Survey for SWF Parcel Nos. 10-400-164X, 19-410-122X and 19-484-120X. Presenter: Will Miller, Senior Land Use Specialist, Land Resources Department

18. Presented to the Alafia River, Hillsborough River, Coastal Rivers, Hillsborough River, Northwest Hillsborough, Pinellas-Anclote River, and Withlacoochee River Basin Boards - North Tampa Reclaimed Water Pipeline Project - Phase 2 Preliminary Design and Feasiblity

Purpose Staff is requesting approval of an agreement with the City of Tampa to conduct a preliminary (20 percent) design of the North Tampa Reclaimed Water Pipeline (NTRWP), which is essentially the backbone of the Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project (Regional Project). The agreement, effective as of the first day of March 2005, is for a total cost of $1,172,505. The District’s share will not exceed $586,252.50, and the General Fund portion of the District’s share will not exceed $293,126.25. Funds budgeted in Fiscal Year (FY) 2003 and held in reserve for the Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project will be used for this project. Background/History The City of Tampa has requested funding for the North Tampa Reclaimed Water Pipeline Project (NTRWP) – Phase 2 – Preliminary Design and Feasibility project. This project is the necessary first step in finalizing the project costs and system design for the pipeline that will deliver reclaimed water from Tampa’s Howard F. Curren Advanced Wastewater Treatment Plant (HFCAWTP) to Pasco County, Hillsborough County, and the Tampa By-Pass Canal. In finalizing regional project costs, this design and feasibility is necessary to determine the allocation of costs to project partners based on their anticipated reclaimed water use. Funding for this project will come from the funds set aside in the FY2003 budgets of the Alafia River, Coastal Rivers, Hillsborough River, Northwest Hillsborough, Pinellas-Anclote River and Withlacoochee River Basin Boards and General Fund. The proposed project represents one in a series of projects collectively referred to as the Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project (Regional Project – H300). The project will help the partners reach mutual goals of (1) reducing the use of traditional water supplies for irrigation and other purposes, (2) increasing the beneficial use of wet-weather reclaimed water flows, rather than continue the practice of discharging them to tide or deep wells, and (3) helping to restore the natural systems in Pasco and Hillsborough counties. This is the first reclaimed water project within the District to actively maximize the beneficial use of both wet and dry weather flows.


Benefits/Costs The proposed project consists of preliminary (20 percent) design of the North Tampa Reclaimed Water Pipeline (NTRWP), which is essentially the backbone of the Regional Project. The pipeline includes four segments: 40,900 linear feet (LF) of transmission main from the HFCAWTP to the Hillsborough River, 55,700 LF from the Hillsborough River to the proposed pump station adjacent to the Morris Bridge Water Treatment Plant, 23,500 LF of transmission main from the Morris Bridge site to the Pasco County line, and 26,500 LF of transmission main from the HFCAWTP to the Tampa Bypass Canal. The design effort will result in a series of Basis of Design Reports (BODRs) for the NTRWP, as well as planning-level modeling of up to three local transmission/distribution schemes to serve north Tampa customers. The BODRs will address the wet- and dry-season elements described in the mutually agreed-upon Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project-- An Innovative Partnership (February 2004). The project will identify: the pipeline route; engineering/hydraulic criteria; recommendations for the specific storage, pumping and pipeline configuration; alignment and operation based on property requirements; permit requirements; hydraulic modeling; cost estimates; and public and environmental feasibility to meet requirements associated with the Regional Project. The City of Tampa will be responsible for administering contracts with consultants and assuring that the District receives all DRAFT reports, incorporates District comments and receives copies of all FINAL reports associated with the project. The City will closely coordinate its efforts with the District and the other partners in the Regional Project. The District shall approve all agreements and comment or approve all DRAFT documents prior to execution of the project parts. The City of Tampa expects to complete the project within one year from Notice To Proceed. The Agreement will become effective January 3, 2005, and the contract will terminate on June 30, 2006. The total project budget is $1,172,505 with funding being equally divided between the two parties, with the General Fund and six Basins' share not to exceed $586,252.50. Funds budgeted in FY2003 and held in reserve for the Regional Project will be used for this feasibility and design project. Impact If Not Funded As previously stated, this project is the necessary first step in finalizing the project costs and system design for the pipeline that will deliver reclaimed water from HFCAWTP to Pasco County, Hillsborough County, and the Tampa By-Pass Canal. The factors that will be analyzed in the study must be determined in order to finalize regional project costs and determine the allocation of costs to project partners. Without this project, the Regional Project cannot proceed. Staff Recommendation: Approve the agreement with the City of Tampa for $1,172,505, with the District’s share not to exceed $586,252.50, and the General Fund portion of the District’s share will not exceed $293,126.25; and authorize the Executive Director to sign the agreement. Presenter: Gregg W. Jones, P.G., Director, Resource Conservation & Development Dept.

Discussion Items 19. Peace Creek Watershed Coordinating Committee

At the January 25, 2005 Governing Board meeting, staff presented an overview of the issues in the Peace Creek Watershed and the establishment of a Coordinating Committee to explore options to address flooding and other water resource issues within the watershed. The Governing Board confirmed the District’s participation in the Coordinating Committee and officially recognized Ms. Patsy Symons as the Board’s representative. The Coordinating Committee held its first meeting on January 19, 2005, with additional meetings scheduled for February 11 and 24, 2005.


Staff will continue the discussion of water resource issues in the watershed, and describe ongoing and planned activities and projects that are being conducted by the District. Additionally, staff will report on the progress of the Coordinating Committee. Background Over the past hundred years there have been substantial land alterations in the Peace Creek Watershed including clearing, drainage, re-contouring and mining. These alterations were made for residential and commercial development, transportation, agriculture, recreation, timbering, ore and mineral extraction, and other activities. These activities continue to require withdrawals of groundwater and alteration of surface waters. They have cumulatively resulted in significant changes to the watershed’s hydrology and ecosystems. There has also been residential and commercial development in historical floodplains. These areas were developed prior to the current floodplain management regulations and ordinances. The Peace Creek Canal was constructed in the early 1900s, through private properties for agricultural purposes by the Peace Creek Drainage District (PCDD), a special district established by Chapter 298, Florida Statutes. The PCDD has the authority over maintenance of the canal; however, there is no regular maintenance program and maintenance is typically performed by the individual landowners. In recent years, this level of maintenance has proven to be unsatisfactory with those whose properties rely on the Peace Creek Canal for some level of flood protection. As a result, legislation was proposed, but not introduced, during the 2004 Legislative session to combine the PCDD with the Lake Region Lakes Management District (LRLMD) to facilitate maintenance of the canal. Concerns regarding the legislation led to a meeting with several legislators and representatives from Polk County, PCDD, LRLMD, and the District. As a result of the meeting and at the request of the legislators in attendance, the County, PCDD, LRLMD, and District agreed to meet to discuss the water resource management issues in the Peace Creek Watershed. The intent of the meetings was to reach some consensus on the needed improvements to the conveyance system within the PCDD. The first meeting was held in April 2004 to determine if there was a consensus to form a working group to discuss water resource management issues. There was a consensus to form a work group and several meetings were held between July 2004 and December 2004. Public attention to the issues in the Peace Creek Watershed dramatically increased during the summer of 2004 when three successive hurricanes resulted in significant flood damage to area homes, properties and businesses. Staff met with State Senator Alexander in early December 2004 to discuss solutions to the flooding issues in the watershed. The District’s Executive Director followed up with a letter to the Senator, dated December 17, 2004, outlining a process to create a “Coordinating Committee” made up of a District Governing Board member, Peace River Basin Board member from Polk County, Polk County Commissioner, LRLMD Commissioner, and the PCDD Chairman, to explore options to address flooding and other water resource issues within the watershed. Staff from the District, Polk County, and LRLMD would provide administrative and technical support for the Coordinating Committee; the PCDD does not have any staff. The Coordinating Committee would be tasked with providing a final report by April 1, 2005 summarizing a series of recommendations for flood protection improvements. The timeline to prepare a final report is achievable because the work group that met during 2004 discussed a plan of action for most of the issues. For example, the work group identified maintenance of the Peace Creek Canal as a key issue. Maintenance of the canal will require an assessment of the maintenance needs, permanent access (i.e. easements), an entity to conduct the maintenance, and funding. Progress has been made to address the issue of maintenance. As a result of the hurricane related flood damage, the District requested assistance from the U.S. Department of Agriculture/Natural Resources Conservation Service (USDA/NRCS) through their Emergency Watershed


Protection Program to remove debris in the canal associated with the hurricanes. Debris removal activities began in November 2004 and are to be complete by February 2005 with the USDA/NRCS providing 75 percent of the funds and the District providing 25 percent of the funds. The Peace River Basin Board approved funding a maintenance assessment out of the Board’s reserves for contingencies at their December 10, 2004 meeting and the Polk County Board of County Commissioners approved funding 50 percent of the cost at their January 2005 meeting. The maintenance assessment began in January 2005 and information from the assessment will be available for the Coordinating Committee. The larger, and more long-term solutions involve providing large storage areas through land acquisition and associated structural and non-structural alterations. Progress has been made to address the more long-term solutions. For example, the District is working with the USDA/NRCS through their Wetland Reserve Program (WRP) to restore wetlands impacted by agricultural activities within the Peace Creek Watershed. The USDA/NRCS is negotiating for the acquisition of conservation easements from several landowners along the canal through the WRP, and the USDA/NRCS has funds available for the restoration activities on these properties. Another component of the long-term strategies is acquisition of properties to prevent flood damage. For example, Polk County has requested the District participate with the County to acquire properties flooded in the Peace River Estates, which is a subdivision along the Peace Creek Canal that experienced significant flood damage. The County's proposal is for 75 percent funding from the Federal Emergency Management Agency, 12.5 percent funding from the State, 6.25 percent from the County and 6.25 percent from the District. The District is taking a leadership role in this process, as the Peace Creek Watershed is a critical component of the District's water management goals, beyond just that of flood protection. Water supply, minimum flows and levels, aquifer recharge, and natural systems restoration in the watershed are all elements of the District's upper Peace River SWUCA Recovery Strategy and as such, it requires a joint effort from the Peace River Basin Board and Governing Board. Staff Recommendation: This item is presented for the Board's information only; and no action is required. Presenter: Mark A. Hammond, Director, Resource Management Department

20. Water Planning Alliance

A status of the water supply planning activities of the Water Planning Alliance will be presented for the committee’s information, and some potential funding impacts will be presented for the committee’s consideration. The Water Planning Alliance (Alliance) is a voluntary planning body of governments located in the Peace River/Manasota Regional Water Supply Authority's (Authority) four-county service area. Alliance members include Charlotte, DeSoto, Manatee, and Sarasota counties; the cities of Arcadia, Bradenton, North Port, Palmetto, Punta Gorda, Sarasota, and Venice; the Town of Long Boat Key; and the Englewood Water District. The Peace River and Manasota Basin Boards and Governing Board of the District cooperatively funded the Water Supply Alliance Regional System Planning and Engineering Study with the Authority in Fiscal Year (FY) 2003. As stated in the funding agreement, the project will estimate 20-year water demands and assess existing infrastructure and programs to meet those demands in Phase I. Phase II will identify and demonstrate the feasibility of permitting, design, and construction of projects that will meet the public supply water needs of Alliance members for 20 years. The work is envisioned to build upon the District’s Regional Water Supply Plan by identifying how and when more specific projects can be implemented to achieve an optimum regional water


supply. All related work will incorporate guidance and comments from a Technical Advisory Committee (TAC), established by the Alliance, that includes appointed representatives from the Alliance member governments, academia, the District, and other regulatory agencies. The final product is anticipated to be a consensus-based plan for implementing a prioritized list of water supply development options that will ultimately create a regional and sustainable water supply system for Alliance members. The District and Authority each funded 50 percent of the $500,000 total project cost. The project began in June 2003 and is scheduled to be completed later this year. Phase I has been completed and, as of January 28, 2005, the Alliance submitted the Phase II materials to the Authority, where it is to be reviewed with input solicited from the District. Although the final options for the planning effort have not been prioritized and accepted by the parties, a number of proposals from various cooperators, purporting to be important to the Alliance planning effort, have been submitted for funding consideration through the FY2006 Cooperative Funding Initiative. Since the District does not have a final product for guidance, there remains numerous questions as to what the prioritized options (source development and interconnections) will be for a regional system. Staff will present an update of the Water Planning Alliance efforts as they relate to the District’s Regional Water Supply Plan and funding considerations. Staff Recommendation: This item is presented for the Committee’s information, and no action is required. Presenter: Gregg W. Jones, P.G., Director, Resource Conservation & Development Dept.

Routine Reports 21. Florida Forever Status Report

Attached for the Board’s use and information is the monthly funding status report for the Florida Forever program. The projects have been categorized as acquisitions or projects for: restoration; capital improvements for restoration; water resource development; and preservation. In addition to Florida Forever funding, staff is continues to explore federal funding opportunities. Staff Recommendation: See Exhibit 21 This item is presented for the Committee’s information, and no action is required. Presenter: Fritz H. Musselmann, Director, Land Resources Department

22. Land Resources Department Significant Activities

Fire Management (District-wide) – District staff conducted 3,311 acres of prescribed burns during the month of January for a total of 8,306 acres burned to date in fiscal year 2005. Survey Support – The Survey Section has completed boundary surveys for land acquisition parcels in the Lower Peace River project in Polk County, Tampa Bay Estuarine Ecosystem project in Hillsborough County and the Weekiwachee Preserve project in Pasco County; and completed several surveys with planning underway for additional areas to establish data needed for minimum flows and lake levels. Panasoffkee-Outlet Tract (Withlacoochee River Basin, Sumter County) – Sumter County has requested the use of up to 100 acres of District lands within the Panasoffkee-Outlet Tract for the expansion of their Marsh Bend Park. The county would like to develop hiking trails in


the forested wetlands and utilize approximately ten acres of uplands for the establishment of living history exhibits that would highlight Native American and early settlement history. The District requested that the County submit a formal project description that delineates the boundaries of the proposed area for park expansion; states how the property would be used, facilities that would be constructed, special events that would be held; and identifies potential groups that would participate in the living history exhibits. The County has also been asked to provide a preliminary budget and timeline for the project. Tsala Apopka Outfall Canal and Structure 353 (Withlacoochee River Basin, Citrus County) – Staff has contracted with a title company to prepare a title abstract and tract ledger to clarify any easement interests and maintenance responsibilities the District may have relative to a berm adjacent to Structure 353. Potts Preserve Picnic Site (Withlacoochee River Basin, Citrus County) – Staff has issued a special use permit to Citrus County Airboat Association to maintain a picnic area at the Potts Preserve. The area will be open to the general public and will feature picnic tables, fire rings and a small shelter. The District assisted in the preparation of the site by clearing stumps and palmetto roots and graded the site. The Association will seed the site, install the improvements and perform regular maintenance such as mowing, trash pickup and improvement upkeep. Flying Eagle (Withlacoochee River Basin, Citrus County) • Proposed Community Park – Staff met with representatives of TOO FAR, Inc. and the

Withlapopka Isles Civic Association to discuss the potential for partnering to establish a small community park on a tract known as the Smoak parcel. Staff will be attending further meetings to ascertain interest, commitment for a long-term partnership and potentially the design of the park. Conceptually, the park will include picnic sites with grills, walking paths and an open activity area.

• Boy Scout Tract – Staff has begun meeting with youth group organizations to solicit interest in leasing the 4,964-acre McGregor-Smith Boy Scout Reservation recently acquired by the District. Organizations contacted to date include the Boy and Girl Scouts and the Florida Sheriff’s Youth Ranch Association.

Staff Recommendation: This item is presented for the Committee’s information, and no action is required. Presenter: Fritz H. Musselmann, Director, Land Resources Department

23. Minimum Flows and Levels Status Report

District staff continues to work on various phases of Minimum Flows and Levels (MFLs) development for waterbodies on the District's MFLs priority list. Attached for the Board's use and information is the current Minimum Flows and Levels Priority List and Schedule – Waterbody Timelines report that identifies the status of each waterbody in regard to our five phase process of MFL establishment. Staff Recommendation: See Exhibit 23 This item is presented for the Committee's information, and no action is required. Presenter: Martin H. Kelly, Ph.D., Manager, Resource Conservation & Development Dept.

24. Hydrologic Conditions Report

The information presented is provisional, as of January 18, 2005. The District-wide rainfall average was 1.26 inches, which was 1.22 inches below the monthly normal of 2.48 inches.


The northern region received an average of 1.00 inch of rainfall, which was 1.77 inches below the monthly normal of 2.77 inches. The central region received an average of 0.74 inch of rainfall, which was 1.75 inches below the monthly normal of 2.49 inches. The southern region received an average of 1.94 inches of rainfall, which was 0.33 inch below the monthly normal of 2.27 inches. In January, the provisional average streamflow at the Withlacoochee River near Holder station in the northern region was in the 71st percentile. Streamflow measured at the Hillsborough River near Zephyrhills station in the central region was in the 59th percentile, while the average streamflow measured at the Peace River at Arcadia station in the southern region was in the 75th percentile. Normal streamflow is between the 25th and 75th percentile. Provisional ground-water levels in the Floridan aquifer decreased in the northern and central regions, but increased in the southern region of the District in January. Water levels in the northern region decreased 0.37 foot, but were 3.98 feet above the bottom of the monthly normal range of historical values. The normal range in the northern region is 0 to 4 feet. Average water levels in the central region decreased 0.06 foot, but ended the month 6.81 feet above the bottom of the normal range. The normal range in the central region is 0 to 6 feet. Average water levels in the southern region increased 1.34 feet, and ended the month 5.26 feet above the bottom of the normal range. The normal range in the southern region is 0 to 8 feet. Provisional data show average lake levels decreased in two of the four regions of the District in January. Average levels in the northern region decreased 0.11 foot, but are 1.09 feet above Minimum Low Management Levels (MLM). Normal lake levels are defined by levels that fall in between the minimum MLM (normal yearly low), and the Minimum Flood Level (normal yearly high). Average lake levels in the Tampa Bay region decreased 0.06 foot, but are 1.03 feet above MLM levels. Lake levels in the Polk Uplands region increased 0.19 foot, and are 2.34 feet above MLM levels. Average lake levels increased in the Lake Wales Ridge region by 0.05 foot, and are 0.65 foot above MLM levels. Staff Recommendation: This item is provided for the Committee's information only, and no action is required. Presenter: Granville Kinsman, Manager, Hydrologic Data Section

25. Structure Operations Status Report

As of January 27, 2005, the Structures Department is continuing to operate all structures to retain and conserve surface water. Below normal rainfall in October and November allowed the rivers, streams and bodies of water associated with District structures to return to normal levels. The District-wide average rainfall for December was normal but the southern region received above normal rainfall requiring numerous gate operations to return the affected lakes back to normal operating levels. The northern and central regions received below normal rainfall. The above normal rainfall did raise the water level in the Peace Creek Canal, Polk County, thereby aiding the large equipment being used to clear the debris from the recent hurricanes. Personnel from Structures and Field Maintenance are assisting in that cleanup effort. Staff Recommendation: See Exhibit 25 This item is provided for the Committee's information only, and no action is required. Presenter: Gary W. Kuhl, Director, Operations Department



Resource Management and Development Committee Governing Board


Bartow, Florida January 25, 2005 The Resource Management and Development Committee of the Governing Board of the Southwest Florida Water Management District met at 9:14 a.m. on January 25, 2005, at the Bartow Service Office. The following persons were present:

Committee Members PresentJanet D. Kovach, Chair Edward W. Chance, Member Heidi B. McCree, Member Committee Members Absent Patsy C. Symons, Vice Chair Ronnie E. Duncan, Member Recording Secretary M. Frances Sesler

Staff Members Present David L. Moore Gene A. Heath Bruce C. Wirth Lou Kavouras Mark A. Hammond Gregg W. Jones Fritz H. Musselmann Richard S. Owen Martin H. Kelly Joanne L. McClellan Paula L. McCleery

Chair Kovach called the meeting to order and noted a quorum was present. Consent Items 12. December 14, 2004 Committee Meeting Minutes Staff recommended approval of the meeting minutes as presented. 13. Board Policy 170-8, Basin Board Land Resources Committee

The Governing Board approved Board Policy 170-8, Basin Board Land Resources Committee, in March 2002 and the policy now requires minor updating. The only substantive revision to the policy is to change a reference to the District’s “Five-Year Land Acquisition Plan” to “Florida Forever Work Plan.” The non-substantive changes are meant to clarify the intent of the policy. A copy of the policy in underline and strike-through format was included in the packet for review. Staff recommended approval of revision to Board Policy 170-8.

Following consideration, Ms. McCree moved, seconded by Mr. Chance, to approve Consent Items 12 and 13. Motion carried unanimously. (Tape 1, Side A - 014)

Discussion Items 14. Florida River Flows Patterns and the Atlantic Multidecadal Oscillation – Peer Review

Results Dr. Marty Kelly, Manager, Resource Conservation and Development Department presented an overview of the report and briefly discussed the importance of this effort in developing Minimum Flow Levels (MFLs). Because the results of this work have important implications for the development of MFLs on rivers within the District, the report was submitted for independent scientific peer review. When establishing MFLs, it is important to define a "benchmark" flow period against which the effects of anticipated withdrawals can be

Minutes of Meeting January 25, 2005 Resource Management & Development Committee Page 2 of 3

assessed. This item was presented for the Committee's information, and no action was required.

15. Status of Aquifer Storage and Recovery in the Southwest Florida Water Management

DistrictMr. Gregg W. Jones, P.G., Director, Resource Conservation and Development Department, gave a presentation to the Committee on the status of Aquifer Storage and Recovery (ASR) In the District. He said ASR is a technology that has great potential to increase the availability of water supplies in the southern half of the District where water resources are most stressed. In recognition of this, the District has committed significant financial and staff resources to help water supply authorities, local governments, and the private sector develop ASR systems. Over the past year, District staff conducted a detailed review of available water quality data collected from ASR sites within the District, as well as from sites in Florida outside the District. Staff also worked closely with technical representatives of local governments, water suppliers, and the Florida Department of Environmental Protection (FDEP) to better understand and explain the technical reasons for what has been observed. On December 15, 2004, District staff, FDEP staff, and a number of technical experts met to discuss the ASR arsenic issue. The experts generally concluded that arsenic levels exceed the drinking water standard in the aquifer only within a few hundred feet of ASR wells. The FDEP staff stated that if this could be proven through the installation and sampling of monitoring wells, they would consider taking the position that the aquifer is protected and existing systems could continue to operate as long as the arsenic drinking water standard was always met at the monitoring wells. To provide the data necessary to satisfy the FDEP, a ground-water monitoring program has been proposed using the Peace River/Manasota Regional Water Supply Authority (PR/MRWSA's) ASR well field as the test site. A total of up to 13 Upper Floridan aquifer monitoring wells are proposed to be drilled at the PR/MRWSA ASR well fields. Staff recommended the Governing Board concur with plans to construct and test up to 13 monitor wells at the PR/MRWSA well field, transfer up to $525,000 from the Board's Water Supply and Resource Development Reserves to the Hydrologic Evaluation Section to cover the District's costs associated with the project; and authorize the Executive Director to approve the transfer of funds and execute the necessary agreements with the PR/MRWSA or a drilling contractor and consultant to perform the work presented. Following consideration, Ms. McCree moved, seconded by Mr. Chance, to approve staff's recommendation. Motion carried unanimously.

16. Peace Creek Watershed Coordinating Committee

Mr. Mark Hammond, Director, Resource Management Department, presented an overview of the water resource issues in the Peace Creek Watershed. The presentation included a discussion of the Coordinating Committee, ongoing programs to address the issues, and future activities. The issues included a discussion of roles the Governing Board and Basin Boards have historically taken to address the issues. Some examples of the issues that the Coordinating Committee will be addressing include acquisition of canal easements, long-term maintenance of the canal, and acquisition of properties to prevent flood damage. The concept of the Coordinating Committee and goals were discussed at the Peace River Basin Board at their December 10, 2004 meeting and they unanimously approved moving forward. Staff is recommending the District take a leadership role in this process, as the Peace Creek Watershed is a critical component of the District's water management goals, beyond just that of flood protection. Water supply, minimum flows and levels, aquifer recharge, and natural systems restoration in the watershed are all elements of the District's upper Peace River SWUCA Recovery Strategy and as such, it requires a joint effort from the Peace River Basin Board and Governing Board.

Minutes of Meeting January 25, 2005 Resource Management & Development Committee Page 3 of 3

Staff recommended the District confirm its participation in the Coordinating Committee to address flooding issues in the Peace Creek Watershed and officially appoint Ms. Patsy Symons to represent the Governing Board on the Coordinating committee.

Following consideration, Ms. McCree moved, seconded by Mr. Chance, to approve staff's recommendation. Motion carried unanimously.

Routine Reports 17. Hidden Lake Property – Status Report and Management Plan Review 18. 2004 Public Land Acquisition and Management Partnership Conference 19. Florida Forever Status Report 20. Land Resources Department Significant Activities 21. Minimum Flows and Levels 22. Hydrologic Conditions Report 23. Structure Operations Status Report These items were presented for the Committee's information only, and no action was required. 24. February Committee Meeting Agenda

• Approval of January 25, 2005 Committee Minutes • Peace Creek Watershed Coordinating Committee • Atlantic Multidecadinal Oscillation Study • Development of the March Committee Meeting Agenda

There being no further business, 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 352-754-6874.

75

275

41

19

Sun City

Tampa Bay Esturaine Ecosystem

SWF Parcel No. 11-728-113X

SWFWMD Fee Acquisition

Other Conservation Lands

0 1 2

Miles

SWF Parcel No.11-728-113X

75

301

64

675

0 1 2

Miles

Proposed County Acquisitions

Proposed SWFWMD Acquisitions

SWFWMD Fee Acquisition

Proposed SWFWMD Fee Acquisition

Other Conservation Lands

Floodway

Lake

Manatee

Lower Manatee River Floodway Project

Potts Preserve Site19-484-120X

Old Henley Place19-410-122X

SR 47110-400-164X

SUMTER

PASCO

LAKE

CITRUS

HERNANDO

POLK

301

41

98

27

441

301

301

50

44

54

52

500

75

Wahoo

Ehren

Poyner

Webster

Coleman

Rutland

Bushnell

Nobleton

Wildwood

Leesburg

Mascotte

Bay Lake

Tarrytown

Inverness

Lady Lake

Groveland

Clay Sink

Dade City

Rock Ridge

Center Hill

Spring Lake

Zephyrhills

Brooksville

Wesley Chapel

Land O' Lakes

Bevilles Corner

Saint Catherine

Lake Panasoffkee

Ground Water/Surface Water Monitoring SitesSWF Parcel Nos. 19-484-120X, 19-410-122X & 10-400-164X

0 2.5 5

Miles

Southwest Florida Water Management DistrictFlorida Forever Status

Parcel/Project Funds AvailableFla Forever

Category SWUCA Estimated CostFee

AcresLTF

Acres CommentsGoverning

Bd DateFlorida Forever Funds Available -- Inception to Date $ 144,832,719

Includes $10.4 million from the Water Management Lands Trust Fund and $3,182,719 from the P2000 Trust Fund

Completed Acquisitions

Lake Hancock - Griffin (20-503-105)Water resource dev - land acq $ 4,900,000 213 Closed

Lake Hancock - Old Florida Plantation (20-502-101)

Water resource dev - land acq 30,500,000 3,535 Closed

Lake Pretty - Robinson (14-009-108)Water resource dev - land acq 60,000 3 Closed

Lake Panasoffkee - Beville (19-528-135)Restoration - land acq 1,840,000 525 Closed - used WMLTF funds

Tampa Bay - Furtick (21-728-121)Restoration - land acq 830,000 127 Closed

Tampa Bay - Kushmer (11-728-108)Restoration - land acq 82,500 16 Closed

Tampa Bay - Pine Island (21-728-118)Restoration - land acq 450,000 70 Closed

Tampa Bay - Huber (21-728-105)Restoration - land acq 3,550,000 300 Closed

Tampa Bay - Shell Pit (11-728-109)Restoration - land acq 395,672 147 Closed

Tampa Bay - TECO (11-728-110)Restoration - land acq 3,500,000 2,397 Closed

Alafia River Corridor - Fish Hawk (11-709-131) Preservation 4,800,000 499 Closed - portion of lands also paid w/ P2000 Annutteliga Hammock - 1029 Land Trust (15-228-1207) Preservation 1,087,200 302 Closed

Annutteliga Hammock - Kalathakis (15-228-1268) Preservation 90,000 16 Closed

Annutteliga Hammock - LeBuffe (15-228-1283) Preservation 9,000 1 Closed Annutteliga Hammock - Strait (15-228-1204) Preservation 179,200 32 Closed Annutteliga Hammock (mega parcels) Preservation 93,575 14 Closed Annutteliga Hammock - Renshaw (15-228-1235) Preservation 35,995 4 Closed Flying Eagle - Boy Scouts (19-334-133) Preservation 13,500,000 5,484 Closed Green Swamp - Beck (10-200-1246) Preservation 11,250 15 Closed - used P2000 funds Green Swamp - Davis (10-200-1238) Preservation 10,500 25 Closed Green Swamp (10-200-1242) Preservation 1,125 3 Closed Lake Manatee Lower Watershed - Strickland (21-601-111C) Preservation 225,180 25 Closed Lake Panasoffkee - Beville (19-528-135) Preservation 4,160,000 5,553 Closed - used WMLTF funds Myakka River - Eagle Ridge (21-708-126) Preservation 1,670,269 997 Closed Panasoffkee/Outlet Tract - Gibbons (19-441-105) Preservation 74,758 10 Closed Panasoffkee/Outlet Tract - Lake Panasoffkee Water Assoc. (19-441-107) Preservation 57,000 5 Closed Pasco 1 - Connerton (15-704-102) Preservation 9,791,139 2,980 Closed Prairie/Shell Creek - Burchers (20-649-105) Preservation 254,016 108 Closed Prairie/Shell Creek - Leonard (20-649-104) Preservation 85,036 40 Closed

02/01/2005 Page 1 of 3




AcresLTF


Bd DateRV Griffin Reserve - Longino (21-599-102C) Preservation 1,188,231 3,802 Closed - portion of lands also paid w/ P2000 Weekiwachee Preserve - GMB Investments (15-773-183) Preservation 422,000 45 Closed - used WMLTF funds Weekiwachee Preserve - Suncoast Seabird Sancturary (15-773-128) Preservation 625,139 309 Closed

Subtotal Completed Parcels/Projects $ 84,478,785 18,221 9,381 Subtotal Funds Available $ 60,353,934

South Saddle Creek Restoration and Water Quality Treatment Project

Restoration - capital improvement $ 13,435,446 N/A N/A Funds encumbered

Annutteliga Hammock - Rush (15-228-1280) Preservation 278,480 40 Closing rescheduled for February Green Swamp West - Little Everglades Ranch (19-410-120C) Preservation 3,850,000 1,750 Closing scheduled for February Lower Peace River Corridor - McLeod (20-695-101) Preservation 322,500 140 Closing rescheduled for February

Myakka River - LOR, Inc. (21-708-125) Preservation 8,000,000 3,619

Sarasota Co. closed with landowner; closing between District and County scheduled for January; Funds for one acre requiring clean-up will be escrowed; awaiting documents from County

Subtotal Parcels/Projects Approved By Board $ 25,886,426 3,799 1,750 Subtotal Funds Available $ 34,467,508 Ongoing Acquisitions/Projects

Tampa Bay - FISH (21-728-117C)Restoration - land acq 15 FISH will send letter describing what is for sale TBD

Tampa Bay - Wright (11-728-112)Restoration - land acq 1 Signed contract; on hold TBD

Lake Hancock - Hancock Lake Ranch (20-503-111)

Water resource dev - land acq 81 Title information received; appraisals ordered TBD

Lake Hancock - Stuart (20-503-123)Water resource dev - land acq 394 Appraisals ordered TBD

Lake Hancock - Kent (20-503-107)Water resource dev - land acq 182 County made offer - District to purcahse 50% interest; offer rejected TBD

Lake Hancock - Hampton (20-503-103)Water resource dev - land acq 2,036 Title information received; appraisals ordered TBD

Lake Hancock - Smith (20-503-110)Water resource dev - land acq 20 Received title information and appraisals TBD

Lake Hancock - Rogers (20-503-108)Water resource dev - land acq 18 Received title information and appraisals TBD

Lake Hancock - Coscia and Nguyn (20-503-102)Water resource dev - land acq 525 Appraisals in process TBD

Lake Hancock - Ellsworth (20-503-106)Water resource dev - land acq 120

Title information received; consulting engineer report needed for appraisal based on development impact not yet determined; owner will send letter with selling price TBD

Upper Peace River - Clear Springs, LLC (20-502-107)

Water resource dev - land acq 1,900 Appraisals received TBD

Parcels/Projects Approved By Board (Funds Encumbered within DEP Trust Fund)

02/01/2005 Page 2 of 3




AcresLTF


Bd DateGreen Swamp - Glass (10-200-1254) Preservation 20 Appraisals being reviewed Jun-05Green Swamp - Lake County Ranch/Rodda (10-200-1248) Preservation 30 Awaiting price information from owner's representative Jun-05Green Swamp - Lake County Ranch/Rodda (10-200-1249) Preservation 114 Awaiting price information from owner's representative Jun-05Upper Myakka - Saray Ranch (21-598-103C) Preservation 1,500 Appraisals received; offer pending Jun-05Weekiwachee Preserve - Berdeaux (15-773-143) Preservation 200 Made offer; owner involved in litigation TBDWeekiwachee Preserve - Whitehurst/Buckner (15-773-195) Preservation 120 Offer pending Jun-05

Subtotal Ongoing Acquisitions/Projects $ 53,502,337 5,617 1,659 Grand Total (19,034,829)$ 163,867,548$ 27,637 12,790

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.

02/01/2005 Page 3 of 3

2005 Priority List Schedule and Timeline Exhibit A

As of February 3, 2005

2004 WATERBODIES

Phase 1 Phase 2 Phase 3 Phase 4 Phase 5Data Collection Data Analysis Peer Review Recovery Rule Adoption

& Draft MFL Report Strategy

2004Hernando County Lakes

Hunters completed completed NA NA completedLindsey completed completed NA NA completedMountain completed completed NA NA completedNeff completed completed NA NA completedSpring completed completed NA NA completedWeekiwachee Prairie completed completed NA NA completed

Hillsborough County LakesCharles completed completed NA NTB/Aug 2000 completedCrescent completed completed NA NTB/Aug 2000 completedDan completed completed NA NTB/Aug 2000 completedGarden completed completed NA NTB/Aug 2000 completedHorse completed completed NA NTB/Aug 2000 completedJackson completed completed NA NTB/Aug 2000 completedMound completed completed NA NTB/Aug 2000 completedPlatt completed completed NA NTB/Aug 2000 completedPretty completed completed NA NTB/Aug 2000 completedReinheimer completed completed NA NTB/Aug 2000 completedStrawberry completed completed NA NTB/Aug 2000 completedTaylor completed completed NA NTB/Aug 2000 completed

Pasco County LakesBell completed completed NA NTB/Aug 2000 completedBird completed completed NA NTB/Aug 2000 completedClear completed completed NA NTB/Aug 2000 completedGreen completed completed NA NTB/Aug 2000 completedHancock completed completed NA NTB/Aug 2000 completedMiddle completed completed NA NTB/Aug 2000 completedMoon completed completed NA NTB/Aug 2000 completedPadgett completed completed NA NTB/Aug 2000 completedParker aka Ann completed completed NA NTB/Aug 2000 completedPasadena (Buddy) completed completed NA NTB/Aug 2000 completed



RIVERS and SPRINGS



2005Alafia River System (freshwater) completed completed Mar 2005 NA Jun 2005 Buckhorn Spring completed completed Mar 2005 NA Jun 2005 Lithia Spring completed completed Mar 2005 NA Jun 2005Alafia River System (estuary) completed Jan 2005 May 2005 NA Jun 2005

Lower Hillsborough River (Re-eval) completed Jun 2005 Sep 2005 NTB/Aug 2000 TBD

Middle Peace River System completed completed Mar 2005 NA Apr 2005

Sulphur Spings completed completed completed NA Oct 2005

Tampa Bypass Canal completed completed Apr 2005 TBD May 2005

Upper Myakka River System completed Mar 2005 Jun 2005 NA Jul 2005

2006Braden River System (freshwater) Feb 2005 Jun 2005 Oct 2005 TBD Feb 2006

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 Dec 2004 Jun 2005 Oct 2005 NTB/Aug 2000 Feb 2006 Crystal Spring completed Jun 2005 Oct 2005 NTB/Aug 2000 Feb 2006

Weekiwachee River System Jun 2005 Jan 2006 May 2006 NA Jun 2006Weeki Wachee Spring et al. Jun 2005 Jan 2006 May 2006 NA Jun 2006

2007Anclote 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

2008Chassahowitzka River System Jan 2008 Jun 2008 Oct 2008 TBD Dec 2008

Chassahowitzka Spring et al. Jan 2008 Jun 2008 Oct 2008 TBD Dec 2008

Rainbow Springs Jan 2008 Jun 2008 Oct 2008 TBD Dec 2008

2009Homosassa River System Jan 2009 Jun 2009 Oct 2009 TBD Dec 2009

Homosassa Spring Jan 2009 Jun 2009 Oct 2009 TBD Dec 2009

Upper Withlacoochee River System Jan 2009 Jun 2009 Oct 2009 TBD Dec 2009(Green Swamp)



LAKES



2005Citrus County Lake

Tsala Apopka Jun 2005 Aug 2005 NA TBD Dec 2005

Highland County LakesJune-in-Winter completed completed NA Jan 2005 Mar 2005Placid completed completed NA Jan 2005 Mar 2005

Hillsborough County LakesAllen completed Sep 2005 NA NTB/Aug 2000 Dec 2005Harvey completed Sep 2005 NA NTB/Aug 2000 Dec 2005Virginia (new) completed Sep 2005 NA NTB/Aug 2000 Dec 2005

Levy County LakeMarion Jun 2005 Aug 2005 NA TBD Dec 2005

Pasco County LakesLinda completed Jun 2005 NA NTB/Aug 2000 Dec 2005

Polk County LakesBonnie completed Oct 2004 NA Jan 2005 Mar 2005Crooked completed completed NA Jan 2005 Mar 2005Hancock completed TBD NA Jan 2005 TBDParker completed completed NA Jan 2005 Mar 2005

Sumter County LakesBig Gant Jun 2005 Aug 2005 NA TBD Dec 2005Deaton Jun 2005 Aug 2005 NA TBD Dec 2005Miona Jun 2005 Aug 2005 NA TBD Dec 2005Panasoffkee Jun 2005 Aug 2005 NA TBD Dec 2005Okahumpka Jun 2005 Aug 2005 NA TBD Dec 2005

2006Polk County Lakes

Crooked completed completed NA Jan 2005 Mar 2005

2007Hillsborough County Lakes

Raleigh completed Oct 2006 Oct 2001 Aug 2000 Feb 2007Rogers completed Oct 2006 Oct 2001 Aug 2000 Feb 2007Starvation completed Oct 2006 Oct 2001 Aug 2000 Feb 2007



INTERMEDIATE AQUIFER



2005Intermediate Aquifer (SWUCA) completed Jun 2005 Oct 2005 TBD TBD

STRUCTURE OPERATIONS SECTION HYDRO-REPORT31-Jan-2005

POSITION OFCURRENTELEVATION STRUCTUREPOSITION OFCURRENTELEVATION STRUCTURESTRUCTURELEVELDIFFERENCE STRUCTURELEVELDIFFERENCE

Leslie Heifner closed41.37 FLORAL CITY POOLMain Gates closed35.08 FLINT CREEKFloral City closed-1.1342.50HIGH LEVEL -1.9237.00HIGH LEVEL

Golf Course closed -0.8842.25MAXIMUM DESIRABLEAll drop gates: 35.25' MSL -1.4236.50MAXIMUM DESIRABLEGolf Course-0.5041.87SCHEDULE0.5834.50SCHEDULE

Moccasin slough closedinvert 38.0'1.1240.25LOW LEVELinvert 32.9'0.5834.50LOW LEVEL

Brogden Bridge closed39.90 INVERNESS POOLCREST = 34.94' MSL34.36WHITE TROUT-0.6040.50HIGH LEVEL24" - stop logs-2.1436.50HIGH LEVEL

Bryant Slough closed-0.3540.25MAXIMUM DESIRABLE -1.6436.00MAXIMUM DESIRABLEBrogden Bridge-0.1040.00SCHEDULE-1.3935.75SCHEDULE

invert 34.25'1.6538.25LOW LEVELinvert 32.94'0.3634.00LOW LEVEL

Van Ness closed38.77 HERNANDO POOL (S353)Upstream (RIVER level)40.51 LESLIE HEIFNERS-353 closed-0.2339.00HIGH LEVELDownstream (POOL level)41.42-1.9942.50HIGH LEVEL

0.0238.75MAXIMUM DESIRABLEClosed -1.7442.25MAXIMUM DESIRABLES-3530.1538.62SCHEDULE -1.3641.87SCHEDULE

invert 36.5'2.0236.75LOW LEVEL invert 35.0'0.2640.25LOW LEVEL

Keene 1: 2-6" log62.19KEENE60.77STEMPERKeene 2: 1-6 log-0.8163.00HIGH LEVEL2-4" log-1.2362.00HIGH LEVELKeene 3: no logs1-invert 61.5'-0.3162.50MAXIMUM DESIRABLE -0.4861.25MAXIMUM DESIRABLE

Sherrys Brook 3-6" logs2-invert 61.6'1.6960.50LOW LEVELinvert 60.25'1.2759.50LOW LEVEL

27.59 INGLIS18" - stop logs60.78HANNA Bypass gates open 3.88'-0.4128.00HIGH LEVEL-1.7262.50HIGH LEVEL

Main gates open 0.10'0.0927.50MAXIMUM DESIRABLE-0.9761.75MAXIMUM DESIRABLE1750 cfs total dischargeinvert 11.3'1.0926.50LOW LEVELinvert 60.28'1.2859.50LOW LEVEL

Gate closed130.77PARKERMain gates closed3.04TARPON (S551)-0.23131.00HIGH LEVEL-0.763.80HIGH LEVEL

0.02130.75MAXIMUM DESIRABLEAll Drops at 2.80' MSL -0.163.20MAXIMUM DESIRABLEinvert 129.15'2.02128.75LOW LEVEL 0.842.20LOW LEVEL

Gauge at structure98.52HANCOCK (P11)5-6" logs47.31ANNE PARKERGauge on lake98.46-0.4899.00HIGH LEVEL-1.4448.75HIGH LEVELGates closed 0.0298.50MAXIMUM DESIRABLE -0.9448.25MAXIMUM DESIRABLE

invert 91.7'2.5296.00LOW LEVEL 1.5645.75LOW LEVEL

LRLMD126.27HENRY (P5)Open65.37KELL-0.23126.50HIGH LEVELNo logs-0.6366.00HIGH LEVEL

0.27126.00MAXIMUM DESIRABLE -0.1365.50MAXIMUM DESIRABLEinvert 122.0'2.27124.00LOW LEVELinvert 64.66'1.8763.50LOW LEVEL

LRLMD128.77 SMART (P6)40.89 KEYSTONE0.02128.75HIGH LEVELGates dropped 0.75'-1.1142.00HIGH LEVEL


LRLMD125.56FANNIE (P7)Gate closed41.75CRESCENT-0.19125.75HIGH LEVEL-0.7542.50HIGH LEVEL


LRLMD121.47HAMILTON (P8)Gates closed40.71 ISLAND FORD-0.03121.50HIGH LEVEL -0.7941.50HIGH LEVEL

0.22121.25MAXIMUM DESIRABLE -0.2941.00MAXIMUM DESIRABLEinvert 110.5'2.47119.00LOW LEVELcrest 41.25'1.7139.00LOW LEVEL

Closed136.46LENA (P1)Mains: closed44.31PRETTY -0.54137.00HIGH LEVELDrops down 0.4' (44.20' MSL)-1.1945.50HIGH LEVEL

-0.29136.75MAXIMUM DESIRABLE -0.1944.50MAXIMUM DESIRABLEinvert 134.47'1.96134.50LOW MANAGEMENTinvert 38.0'1.5642.75LOW LEVEL

Gates closed74.56JUNE-IN-WINTER (G90)Lake gauge48.73MAGDALENE-0.9475.50HIGH LEVELStructure gauge48.74-1.2750.00HIGH LEVEL

Overflow at 74.38' MSL -0.4475.00MAXIMUM DESIRABLEGates open closed -0.7749.50MAXIMUM DESIRABLEinvert 65.37'1.5673.00LOW LEVELinvert 45.6'1.2347.50LOW MANAGEMENT

Closed142.62ARIETTA (P3)Lowered drops gates @ .30'45.16BAY-1.38144.00HIGH LEVEL45.26' msl-1.5946.75HIGH LEVEL


Gate closed142.72 GIBSONMains gates closed40.14ELLEN-LIPSEY 3 stop logs (16")-0.78143.50HIGH LEVELDrops: 40.62 - Stems 13.5"-1.3641.50HIGH LEVEL

-0.28143.00MAXIMUM DESIRABLE-0.8641.00MAXIMUM DESIRABLEinvert 141.4'1.22141.50invert 37.6'1.1439.00LOW LEVEL

Closed130.89 LOWERY2-12" logs35.84CARROLL-0.11131.00HIGH LEVEL-1.1637.00HIGH LEVEL

0.39130.50MAXIMUM DESIRABLE -0.6636.50MAXIMUM DESIRABLE2.39128.50LOW LEVELinvert 34.17'1.3434.50LOW LEVEL

Flood StagePEACE RIVER40.75ARMISTEAD6.61-1.398.00BARTOW9-6" logs-3.2544.00HIGH LEVEL7.85-8.1516.00ZOLFO SPRINGS-2.2543.00MAXIMUM DESIRABLE4.08-6.9211.00ARCADIA0.2540.50LOW LEVEL

Flood StageWITHLACOOCHEE R.Flood StageHILLSBOROUGH RIVER52.06-9.2161.27TRILBYTampa Bypass Canal returned to25.58-6.4232.00MORRIS BRIDGE43.07-4.8747.94CROOMnormal operation - river open22.71-6.2929.00FOWLER30.16-5.3635.52HOLDER

Flood StageCYPRESS CREEKWYSONG-COOLGER4.21-3.798.00WORTHINGTON GARDENS

Gates are up - Lock in service39.550.0539.50UPSTREAM36.462.4634.00DOWNSTREAMMEDARD RESERVOIR

Environmental gate open 1.0'58.82-1.1860.00MAXIMUM DESIRABLE39.78LAKE PANASOFFKEE

-0.9240.70FLOOD STAGEFlood StageALAFIA RIVER4.75-8.2513.00LITHIA

Flood StageMYAKKA RIVER5.35-1.657.00MYAKKA RIVER STATE PARKFlood StageANCLOTE RIVER

8.20-11.8020.00ELFERSFlood StageMANATEE RIVER

2.81-8.1911.00MYAKKA HEADFlood StageLITTLE MANATEE RIVER3.47-7.5311.00WIMAUMA

31-Jan-05

140.0

140.5

141.0

141.5

142.0

142.5

143.0

143.5

144.0

144.5

145.0

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01-Feb 02-Mar 01-Apr 02-May 01-Jun 02-Jul 01-Aug 31-Aug 01-Oct 31-Oct 01-Dec 31-Dec

Lake Gibson 2004-2005

Lake GibsonDaily Average Values

Max Desirable = 143.0

High Level = 143.5

Lake Surface Area = 480 AcresLow Slab = 144.81'Structure Gage Datum = 100.00'Lake Gage Datum = 100.00 MSLSCADA Device Number 2427

Low Level = 141.5

34.0

34.5

35.0

35.5

36.0

36.5

37.0

37.5

38.0

38.5

39.0

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Flint Creek 2004-2005

Lake ThonotosassaDaily Average Values

Low Level = 34.5

High Level = 37.0

Lake Surface Area = 824 Acres Low Slab = 39.0' Flint Creek Gauge Datum = 32.16' SCADA Device Number 6807


0.5

1.0

1.5

2.0

2.5

3.0

3.5

4.0

4.5

5.0

5.5

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Lake Tarpon 2004-2005

Lake Tarpon, S-551Daily Average Values

Low Level = 2.2

Maximum Desirable = 3.2

High Level = 3.8

Lake Surface Area = 2,534 acres SCADA Device Number: 649

44.5

45.0

45.5

46.0

46.5

47.0

47.5

48.0

48.5

49.0

49.5

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01-Feb 02-Mar 01-Apr 02-May 01-Jun 02-Jul 01-Aug 31-Aug 01-Oct 31-Oct 01-Dec 31-Dec Lake Anne Parker 2004-2005

Lake Anne ParkerDaily Average Values


High Level = 48.75

Low Level = 45.75

Lake Surface Area = 93 AcresLow Slab = 49.09'SCADA Device Number: 8491

31-Jan-05

58.0

58.5

59.0

59.5

60.0

60.5

61.0

61.5

62.0

62.5

63.0

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01-Feb 02-Mar 01-Apr 02-May 01-Jun 02-Jul 01-Aug 31-Aug 01-Oct 31-Oct 01-Dec 31-Dec Lake Hanna 2004-2005

Lake HannaDaily Average Values


High Level = 62.5

Lake Surface Area = 29 AcresLow Slab = 63.68'SCADA Device Number 7531

Low Level = 59.5

59.0

59.5

60.0

60.5

61.0

61.5

62.0

62.5

63.0

63.5

64.0

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Keene 2004-2005

Lake KeeneDaily Average Values

Low Level = 60.5


High Level = 63.0

Lake Surface Area = 31 AcresSCADA Device Number 7631

62.0

62.5

63.0

63.5

64.0

64.5

65.0

65.5

66.0

66.5

67.0

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Lake Kell 2004-2005

Lake KellDaily Average Values

Low Level = 63.5

High Level = 66.0



58.0

58.5

59.0

59.5

60.0

60.5

61.0

61.5

62.0

62.5

63.0

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Lake Stemper 2004-2005

Lake StemperDaily Average Values

Low Level = 59.5


High Level = 62.0

Lake Surface Area = 58.32 AcresLow Slab = 63.70'Lake Gage Datum = 30.0 MSLSCADA Device Number 2067

31-Jan-05

42.5

43.0

43.5

44.0

44.5

45.0

45.5

46.0

46.5

47.0

47.5

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Bay Lake 2004-2005

Bay LakeDaily Average Values

Low Level = 44.0


High Level = 46.75

Lake Surface Area = 37 AcresLow Slab = 47.80'Structure Gage Datum =Direct ReadLake Gage Datum = Direct ReadSCADA Device Number 1647

Note: Lake will not normally be taken below elevation44.25' by gate operations unless existing conditions orexcessive rainfall warrants otherwise.

33.5

34.0

34.5

35.0

35.5

36.0

36.5

37.0

37.5

38.0

38.5

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Lake Carroll 2004-2005

Lake CarrollDaily Average Values

Low Level = 34.5


High Level = 37.0

Lake Surface Area = 188 AcresLow Slab = 39.50'Structure Gage Datum = 31.86Lake Gage Datum = 30.0 MSLSCADA Device Number 2087


38.5

39.0

39.5

40.0

40.5

41.0

41.5

42.0

42.5

43.0

43.5

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Crescent Lake 2004-2005

Crescent LakeDaily Average Values

Low Level = 40.0


High Level = 42.5

Lake Surface Area = 50 AcresLow Slab = 44.63'Structure Gage Datum =Direct ReadLake Gage Datum = Direct ReadSCADA Device Number 1667


37.5

38.0

38.5

39.0

39.5

40.0

40.5

41.0

41.5

42.0

42.5

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Island Ford Lake 2004-2005

Island Ford LakeDaily Average Values

Low Level = 39.0


High Level = 41.5

Lake Surface Area = 96 Acres Low Slab = 42.64 Structure Gage Datum = 36.54' SCADA Device Number 1621


31-Jan-05

38.0

38.5

39.0

39.5

40.0

40.5

41.0

41.5

42.0

42.5

43.0

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Keystone Lake 2004-2005

Keystone LakeDaily Average Values

Low Level = 39.75


High Level = 42.00

Lake Surface Area = 388 AcresLow Slab = 43.53'Structure Gage Datum = Direct ReadLake Gage Datum = Direct ReadSCADA Device Number 6161

Note: Lake will not normally be taken below elevation 40.25'by gate operations unless existing conditions or excessiverainfall warrants otherwise.

Coffer dam between lake and WLtransducer. Gate replacement.

37.5

38.0

38.5

39.0

39.5

40.0

40.5

41.0

41.5

42.0

42.5

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Lake Lipsey 2004-2005

Lakes Ellen & LipseyDaily Average Values

Low Level = 39.0

High Level = 41.5

Lake Surface Area = 22 Acres Low Slab = 42.35' SCADA Device Number 1791

Note: Lake will not normally be taken below elevation 39.50'by gate operations unless existing conditions or excessiverainfall warrants otherwise.


46.0

46.5

47.0

47.5

48.0

48.5

49.0

49.5

50.0

50.5

51.0

Wat

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Lk. Magdalene 2004-2005

Lake MagdaleneDaily Average Values

Low Level = 47.5


High Level = 50.0

Lake Surface Area = 232 AcresLow Slab = 51.80'Structure Gage Datum = 45.52Lake Gage Datum = 30.0 MSLSCADA Device Number 1947

Note: Lake will not normally be taken below elevation48.0' by gate operations unless existing conditions or excessiverainfall warrants otherwise.

41.5

42.0

42.5

43.0

43.5

44.0

44.5

45.0

45.5

46.0

46.5

Wat

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Pretty Lake 2004-2005

Pretty LakeDaily Average Values

Low Level = 42.75


High Level = 45.5


Lake Surface Area = 184 Acres(Combined Pretty, Rock, Josephine)Low Slab = 47.10'Structure Gage Datum = 40.00'Lake Gage Datum = 31.74 MSLSCADA Device Number 1967

31-Jan-05

32.5

33.0

33.5

34.0

34.5

35.0

35.5

36.0

36.5

37.0

37.5

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Lake White Trout 2004-2005

Lake White TroutDaily Average Values

Low Level = 34.0


High Level = 36.5



140.0

140.5

141.0

141.5

142.0

142.5

143.0

143.5

144.0

144.5

145.0

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Lake Arietta 2004-2005

Lake Arietta (P3)Daily Average Values

Low Level =141.0


High Level = 144.0

Lake Surface Area = 758 Acres Lake Gage Datum = 100.00' SCADA Device Number 7431

24.0

24.5

25.0

25.5

26.0

26.5

27.0

27.5

28.0

28.5

29.0

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Inglis 2004-2005

Lake RousseauDaily Average Values

Low Level = 26.50


High Level = 28.00

Lake Surface Area = 3,657 Acres Structure Gage Datum = 10.00 SCADA Device Number 6137

127.0

127.5

128.0

128.5

129.0

129.5

130.0

130.5

131.0

131.5

132.0

Wat

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Lake Lowery 2004-2005

Lake LoweryDaily Average Values

Low Level = 128.50


High Level = 131.0

Lake Surface Area = 903 AcresLow Slab = 131.61'SCADA Device Number 6181

31-Jan-05

35.0

35.5

36.0

36.5

37.0

37.5

38.0

38.5

39.0

39.5

40.0

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Hernando Pool 2004-2005

Hernando PoolDaily Average Values

Low Level = 36.75

Max Des = 38.75

High Level = 39.0

Lake Surface Area = 6200 AcresLow Slab = 40.47 'Structure Gage Datum = Direct ReadLake Gage Datum = Direct ReadSCADA Device Number 2047

36.5

37.0

37.5

38.0

38.5

39.0

39.5

40.0

40.5

41.0

41.5

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Inverness Pool 2004-2005

Inverness PoolDaily Average Values

Low Level = 38.25


High Level = 40.50

Lake Surface Area = 8000 AcresLow Slab = 42.54'Structure Gage Datum = Direct ReadLake Gage Datum = Direct ReadSCADA Device Number 2027

38.5

39.0

39.5

40.0

40.5

41.0

41.5

42.0

42.5

43.0

43.5

44.0

44.5

45.0

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Leslie Heifner 2004-2005

Leslie HeifnerDaily Average Values

Lake Surface Area = 37 AcresLow Slab = 47.80'SCADA Device Numbers: 6767/6766

High Level = 42.50


Low Level = 40.25

*Green WSE line = downstream (Pool) water level*Blue WSE line = upstream (River) water level

38.5

39.0

39.5

40.0

40.5

41.0

41.5

42.0

42.5

43.0

43.5

Wat

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Floral City Pool 2004-2005

Floral City PoolDaily Average Values

Low Level = 40.25

Max Des = 42.25

High Level= 42.50

Lake Surface Area = 9100 AcresLow Slab = 44.10Structure Gage Datum = Direct ReadLake Gage Datum = Direct ReadSCADA Device Number 2007

31-Jan-05

123.0

123.5

124.0

124.5

125.0

125.5

126.0

126.5

127.0

127.5

128.0

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Lake Fannie 2004-2005

Lake Fannie (P7)Daily Average Values

Low Level = 123.50


High Level= 125.75

Lake Surface Area = 833 AcresLow Slab = 127.60'Lake Gage Datum = 120.36 MSLSCADA Device Number 2187

Note: Lake will not normally be taken below elevation 124.0' by gateoperations unless existing conditions or excessive rainfall warrantsotherwise.

118.5

119.0

119.5

120.0

120.5

121.0

121.5

122.0

122.5

123.0

123.5

124.0

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Lake Hamilton 2004-2005

Lake Hamilton (P8)Daily Average Values

Low Level = 119.0


High Level= 121.5

Lake Surface Area = 2,640 Acres Lake Gage Datum = 115.00' SCADA Device Number 1747

95.5

96.0

96.5

97.0

97.5

98.0

98.5

99.0

99.5

100.0

100.5

101.0

101.5

102.0

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Lake Hancock 2004-2005

Lake Hancock (P11)Daily Average Values

Low Level = 96.0


Lake Surface Area = 4,541 Acres Lake Gage Datum = 92.78' MSL Structure Gage Datum = 84.08' SCADA Device Number 1767

High Level = 99.0

Note: Lake will not normally be taken below elevation 96.50' by gateoperations unless existing conditions or excessive rainfall warrantsotherwise.Blue is gauge at strucrure Green is gauge on lake

123.0

123.5

124.0

124.5

125.0

125.5

126.0

126.5

127.0

127.5

128.0

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Lake Henry 2004-2005

Lake Henry (P5)Daily Average Values

Low Level = 124.0


High Level = 126.5

Lake Surface Area = 861 AcresStructure Gage Datum = 100.00' MSLSR 544 Gage Datum = 120.0 MSLSCADA Device Number 1807

31-Jan-05

133.0

133.5

134.0

134.5

135.0

135.5

136.0

136.5

137.0

137.5

138.0

Wat

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Lake Lena 2004-2005

Lake Lena (P1)Daily Average Values

Low Level =134.5


High Level = 137.0

Lake Surface Area = 207 Acres Lake Gage Datum = 132.12 SCADA Device Number 7451

72.0

72.5

73.0

73.5

74.0

74.5

75.0

75.5

76.0

76.5

77.0

Wat

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Lake June-in-Winter 2004-2005

Lake June-in-Winter (G90)Daily Average Values

Low Level = 73.0


High Level = 75.5

Lake Surface Area = 3,504 AcresStructure Gage Datum = Direct ReadLake Gage Datum = 65.38 MSLSCADA Device Number 6136

128.0

128.5

129.0

129.5

130.0

130.5

131.0

131.5

132.0

132.5

133.0

Wat

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Lake Parker 2004-2005

Lake ParkerDaily Average Values

Low Level = 128.75


High Level = 131.0

Lake Surface Area = 2,272 Acres Lake Gage Datum = Direct Read SCADA Device Number

125.5

126.0

126.5

127.0

127.5

128.0

128.5

129.0

129.5

130.0

130.5

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Lake Smart 2004-2005

Lake Smart (P6)Daily Average Values

Low Level = 126.5


High Level = 128.75

Lake Surface Area = 1,820 AcresLow Slab = 131.43'Lake Gage Datum = 120.00' MSLSCADA Device Number 2167

Note: Lake will not normally be taken belowelevation 128.25' by gate operations unless existingconditions or excessive rainfall warrants otherwise.

31-Jan-05

Governing Board Meeting February 22, 2005 Finance and Administration Committee Consent Items 27. January 25, 2005 Committee Meeting Minutes ............................................................... 2 28. Consent Transfer Report ................................................................................................. 2 29. Second Amendment of the Fiscal Year 2005 Annual Service Budget ............................ 2 Discussion Items 30. Reallocation of Water Management Information System Initiative Funds ....................... 3 31. Conflicting Employment Provisions in District Consultant Contracts .............................. 4 32. Inspector General's Update - Enforcement of Environmental Resource Permits Audit - Six-Month Progress Report .................................................................... 5 33. Records Management Alchemy Retrieval Software ........................................................ 6 Routine Reports 34. Tampa Service Office Construction Project Update ........................................................ 7 35. Treasurer's Report, Payment Register for Accounts Payable, and Contingency Reserves Report ................................................................................. 7 36. March Committee Meeting Agenda ................................................................................. 8

Finance and Administration - 2 - February 22, 2005 Committee Summary Consent Items 27. January 25, 2005 Committee Meeting Minutes


28. 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 Recommendation: See Exhibit 28 Committee recommend approval to the Governing Board. Presenter: Linda R. Pilcher, Assistant Director, Finance Department

29. Second Amendment of the Fiscal Year 2005 Annual Service Budget

Purpose This is a request to amend the District’s operating budget for fiscal year (FY) 2005. Background The proposed budget amendment will increase the District's FY2005 total budget by $2,806,299 from $286,702,797 to $289,509,096 to reflect unanticipated revenues. The individual amendments by Fund are as follows: • Increase the FY2005 General Fund budget by $2,707,000 to reflect unanticipated revenue

from the U.S. Federal Emergency Management Agency for watershed management and floodplain mapping efforts in Desoto ($770,000), Hardee ($737,000) and Polk ($1,200,000) counties; and

• Increase the FY2005 Withlacoochee River Basin Special Revenue Fund budget by $99,299

as recommended by the Withlacoochee River Basin Board. The Withlacoochee River Basin Board passed Resolution No. 81 on February 7, 2005, to amend its FY2005 budget by an increase of $99,299 from $11,312,338 to $11,411,637 to include $60,000 in previously unanticipated revenue from Marion County for the Marion County – Post Process Topographic Data project and $39,299 in previously unanticipated revenue from the Water Management Lands Trust Fund for start-up land management costs associated with the Boy Scout Tract, Flying Eagle project; and requested the Governing Board amend the District's FY2005 combined budget to reflect the Withlacoochee River Basin amended budget as adopted and approved by the Withlacoochee River Basin Board on February 7, 2005;

The proposed amendment will not impact the District millage or ad valorem taxes.

Finance and Administration - 3 - February 22, 2005 Committee Summary

Impact If Not Funded The District will not benefit from the additional outside funding that is currently available to assist in meeting the priorities of the district and the basin. Staff Recommendation: See Exhibit 29 Approve Resolution No. 05-03 Second Amendment of the Fiscal Year 2005 Annual Service Budget to increase the District budget by $2,806,299 from $286,702,797 to an amended total budget of $289,509,096. Presenter: Linda R. Pilcher, Assistant Director, Finance Department

Discussion Items 30. Reallocation of Water Management Information System Initiative Funds

Purpose Reallocate $500,000 budgeted in FY2005 for the Data Integration Project to integrate the District's scientific water management databases and use the funds to accelerate the development of the Regulatory Database component of the Water Management Information System (WMIS) initiative instead of starting in FY2009. The objective is to avoid costly future software rewrites while improving functionality and be able to more quickly respond to reporting and rule changes. Background/History As the Executive Director reported to the Finance and Administration Committee last month, one key result from the Comprehensive Watershed Management (CWM) Strategic Planning efforts of the 1990s was the identification and documentation of the need for a water management information system that could link all of the District's databases and allow users to simultaneously analyze multiple sets of data in a regional or watershed context. Accordingly, staff designed a WMIS. The initial WMIS integrated several District and other databases into a new system to improve data quality, data access and data analysis (see attachment 1). Staff has completed the first phase of the initiative, which developed an intranet/internet GIS viewer that connects to selected water management data, at a cost of $1,778,411. The next phase of the initiative, called the Data Integration Project, was started in FY2004 and was funded for development in FY2005. The Data Integration Project's purpose was to begin integration of the District's scientific water management data. Two related efforts, the Water Use Tracking system and the Electronic Document Management System, were underway in FY2004. The Water Use Tracking system, which will be completed in July 2005, at a cost of $1,763,500, will aid District staff’s analysis and recommendations related to the Southern Water Use Caution Area (SWUCA). The Electronic Document Management System was initiated in response to the Governor's One-Stop Permitting efforts. It has met its Phase I goals of streamlining the workflow and improving documentation for Well Construction Permits at a cost of $836,260. The Electronic Document Management System is directly linked with the current Regulatory Database System and will be affected by any changes to the Regulatory Database. One of the deliverables of the Water Use Tracking project was a recommendation from the consultant (Plato Consulting) to expedite the rewrite of the Regulatory Database to improve data quality, accessibility, and integration into the WMIS. After reviewing the recommendation, staff believes the rewrite and integration of the Regulatory Database should


be started earlier (in July 2005) than originally planned in FY2009. Development of the Electronic Document Management System will coincide with this timeline by resuming in early FY2006. Discussion The Information Resources Department in coordination with Mapping and GIS and Records and Data staff concluded that the District would be better served if the Electronic Document Management System, Data Integration, Water Use Tracking and Regulatory Database projects were integrated into the Water Management Information System initiative. (See attachments 2 and 3.) To support WMIS development staff are: • Requesting the reallocation of the budgeted funding for the Data Integration Project to

contractual services, required software, and training for the new Regulatory Database. The software development methodology, languages and database systems used in this project will become the standard for the WMIS.

• Integrating the scientific databases in FY2006 and FY2007. • Incorporating the completion of the Electronic Document Management System into the

development of the Regulatory Database. This includes consolidating the governance structure of the WMIS Initiative and the Electronic Document Management System initiative under the Information Resources Department to include budgeting, project management and contract management. Staff will request the District Governing Board to encumber remaining unobligated Electronic Document Management System – Phase II Water Use Permitting funds for use in FY2006.

Impact if Not Funded The District will continue to use less flexible technology through FY2009 to develop and maintain regulatory systems, resulting in delays in implementing major District initiatives. District information technology resources will not be optimally used to meet changing District requirements, will not be available for other District needs, and will not be cost effective. Staff Recommendation: See Exhibit 30 Authorize the reallocation and expenditure of FY2005 Data Integration Project Funds in the amount of $500,000 to accelerate the development of the Regulatory Database component of the Water Management Information System Initiative. Presenter: Terry Redman, Director, Information Resources Department

31. Conflicting Employment Provisions in District Consultant Contracts

Purpose At the January Governing Board meeting some concern was expressed regarding a perception that the District somehow penalizes technical or scientific consultants who regularly provide services to the District and who then also attempt to contract with entities whose interests may be adverse to those of the District. Purportedly the District's use of and influence over consultants experienced in water resource issues has made it difficult for an entity who wants to challenge a District action or decision to acquire the consultant services necessary to support such a challenge. Additionally, there was a concern that the District somehow actively discourages or prevents consultants from employment by entities with interests that may be adverse to those of the District.


Background/History The District currently enters into two types of consulting contracts relevant to the expressed concern. The first is to obtain the technical or scientific services necessary to accomplish some technical or scientific study or project by the District. The second is to obtain the expert witness services necessary to support the District in a legal challenge to either rules, permits or other agency actions. When contracting for either type of services the District does attempt to prevent its consultant from entering into other contracts that would create an unacceptable conflict of interest. To accomplish this the District has developed two distinct "conflicting employment" contract provisions that it utilizes depending upon the nature of the consulting services being acquired. The two provisions are attached as an exhibit to this item. The first provision in the exhibit appears in standard consultant contracts for technical or scientific services, the second appears in expert witness consultant contracts. The provision included in the District's standard consultant contract is limited to conflicts that are directly related to the work being performed under the agreement. This provision requires the consultant to notify the District in the event that the consultant is faced with an employment opportunity that appears to directly conflict with the consultant's obligations to the District. It further provides that the District and the consultant will jointly decide whether the consultant will decline the employment offer or accept the offer and terminate the contract with the District. The provision included in the expert witness contract applies to a broader range of potential conflicts that may involve specialized knowledge acquired by the consultant through his or her relationship with the District. This provision is intended to prevent the types of conflicts encountered by lawyers regarding litigation and trial strategy, and that are addressed by the rules regulating attorneys. Since consultants are not constrained by similar rules of conduct with regard to litigation, such potential conflicts must be addressed by contract. The provision in the District's contracts requires full written disclosure of the conflict by the consultant and allows the consultant to accept the employment if the District determines that the employment will not affect the services being provided by the consultant. While the District does attempt to prevent potential unacceptable conflicts of interests in its acquisition of consultant services through the inclusion of legitimate contractual provisions, it does not unreasonably restrict consultants from accepting other employment nor does it penalize consultants for accepting other employment. Impact If Not Funded Not applicable. Staff Recommendation: See Exhibit 31 This item is presented for the Committee’s information, and no action is requested. Presenter: Karen West, Deputy Executive Director

32. Inspector General's Update - Enforcement of Environmental Resource Permits Audit -

Six-Month Progress Report

In accordance with Governing Board Policy 140-1, the Inspector General conducts a six-month follow-up to update the Governing Board about District actions in response to a Board approved audit. A summary cover memorandum is provided in the Governing Board packet.


Staff Recommendation: See Exhibit 32 This item is presented for Governing Board acceptance. Presenter: Kurt P. Fritsch, Inspector General

33. Records Management Alchemy Retrieval Software

Purpose To provide the Finance and Administration Committee with an overview of the District’s efficient and effective Records Management document imaging system. Background In 1987, staff conducted the first recorded inventory of District records and accounted for eight million records in various forms including paper, microfilm and computer storage media. Paper records stored in an off-site storage facility consisted of 600 cubic feet of files from various departments. Over the next few years, filing and indexing strategies were restructured and a computer system was developed to manage the life cycle and activity of stored records. The volume of records generated throughout the District was growing at such a rate it was becoming extremely difficult to locate and retrieve specific documents in a timely manner for purposes of staff research and public records requests. This challenged staff to seek alternative solutions for managing a rising tide of documents that, because of sheer volume, could not be stored on site, but needed to be retrieved on demand within minutes of receiving a request. It quickly became apparent that the answer could only be found in emerging automation technologies. The solution selected by Records Management and installed in 1992 became the District’s first document imaging system. The wisdom of choosing digital imaging was confirmed in January 1997 when the importance and future of document workflow and imaging was highlighted in the Workflow and Imaging Study conducted by KPMG Peat Marwick. By this time, the Records Management group had been actively involved in imaging for five years. A Business Action Plan was developed by the Administrative Services Section in FY2000 detailing an accelerated effort to expand the digital imaging of records in order to keep pace with the ever-increasing volume of records and to make the records available to staff at the desktop level. The project went on to become a recognized model for one of the most efficient and comprehensive records management programs in the State of Florida. The first records management imaging program has evolved to the present Alchemy Imaging system containing over 700,000 documents consisting of 8 million imaged pages in the database which is used by over 200 District employees in 21 departments. Last year alone, the Records Management group retrieved nearly 250,000 documents to fill requests from District staff and for public records requests. Records Management experienced a 55% increase in the growth of the database in just the past three years and staff continues adding newly created records and new categories of record as well as new users to the Alchemy database. The budgeted cost to support this system, includes 1.25 full time position and .50 contract employee to administer the system plus software licenses and maintenance, is approximately $60,000 a year. This cost has been held at a constant level for several years even though Records Management has experienced a tremendous increase in the growth of the database and staff use of the system.


This efficient and effective document retrieval system has resulted in improved administrative productivity and services provided. Once the documents are scanned, indexed and stored in the Alchemy database, the image can be retrieved within seconds from the user’s work station by using established search criteria such as date, subject, to, from or a key word contained anywhere within the document. Reasonable measures are always exercised to ensure the security of records that contain material exempt from unauthorized staff and public inspection. A unique feature of Alchemy is a built-in security system that allows the Systems Administrator to determine the appropriate level of security required before the database is created. This feature ensures that only authorized individuals have access to information contained in the database. Imaging technology has provided the Records Management group with the capability to manage millions of District records with essentially the same staffing levels as 15 years ago.

Staff Recommendation: This item is presented for the Committee’s information, and no action is required. Presenter: Gary Brenneman, Records Management Supervisor, Administrative Services

Section, General Services Department Routine Reports 34. Tampa Service Office Construction Project Update

This item is to keep the Board advised of the progress/status of the Tampa Service Office Construction Project. On a monthly basis, a written summary report of the accomplishments of the previous month will be included along with a schedule for the project. Critical decision points to monitor the schedule will be highlighted. Staff Recommendation: See Exhibit 34 This item is presented for the Committee's information only, and no action is required. Presenter: Eugene A. Schiller, Deputy Executive Director

35. Treasurer's Report, Payment Register for Accounts Payable, and Contingency

Reserves Report

In accordance with Board Policy No. 130-3, a monthly report on investments shall be provided to the Governing Board. Attached is a copy of the Treasurer's Report as of January 31, 2005, which reflects total cash and investments at a market value of $387,451,216. 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 for Accounts Payable listing disbursements since last month's report is available upon request. The Payment Register includes checks and electronic funds transfers (EFTs). The FY2005 Contingency Reserves Report (District only) follows:


ORIGINAL BUDGET AMOUNT: $4,577,652

Less Approved Transfers

Date of Board Action

Hurricane debris cleanup projects in Flint Creek and Peace River 448,230 December 14, 2004

Hurricane debris cleanup projects in Peace Creek Drainage Canal, Alafia River, Peace River tributaries, Shell and Prairie Creeks, and Alligator Creek

1,600,000 January 25, 2005

BALANCE: $2,529,422

Staff Recommendation: See Exhibit 35 These items are presented for the Finance and Administration Committee's information and no action is required. Presenter: Daryl F. Pokrana, Director, Finance Department



Finance and Administration Committee Governing Board


Bartow, Florida January 25, 2005 The Finance and Administration Committee of the Governing Board of the Southwest Florida Water Management District met at 10:45 a.m. on January 25, 2005, at the District’s Bartow Service Office. The following persons were present:

Committee Members Present T. G. “Jerry” Rice, Chair Judith C. Whitehead, Vice Chair Maggie N. Dominguez, Member Ronald C. Johnson, Member Committee Members Absent Patsy C. Symons, Member

Staff Members Present David L. Moore William S. Bilenky Eugene A. Schiller Bruce C. Wirth Kurt Fritsch Mark A. Hammond BJ Jarvis Alba Mas

Daryl F. Pokrana Terry Redman Mark Barcelo Steve Dicks Malcolm Wilson Recording Secretary C. LuAnne Stout

Chair Rice called the meeting to order and noted that a quorum was present. Consent Items 25. December 14, 2004 Committee Meeting Minutes

Staff recommended approval of the minutes. Following consideration, Ms. Whitehead moved, seconded by Ms. Dominguez, to approve the minutes. Motion carried unanimously. (Tape 1, Side A – 0.0/0.6)

26. 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 Committee recommend approval to the Governing Board. Following consideration, Ms. Dominguez moved, seconded by Ms. Whitehead, to approve the Consent Transfer Report. The motion carried unanimously. (Tape 1, Side A – 0.6/0.8)

Discussion Items 27. District Emergency Operations - Hurricane Recovery and Mitigation, and Fiscal Year

2005 Budget Amendment Mr. Bruce Wirth, Deputy Executive Director, said the purpose of this presentation is to (1) provide an update on the ongoing cleanup activities; (2) recommend the Board authorize additional hurricane debris cleanup activities for several major watercourses and Charlotte Harbor and Sarasota Bay; (3) review federal and state hurricane relief funding programs, including recent legislation in regard to funding availability and District funding match requirements; (4) approve a transfer of General Fund contingency reserves to provide a

Minutes of the Meeting January 25, 2005 Governing Board Finance and Administration Committee Page 2 of 8

budget appropriation equal to the District's match requirements; and (5) approve a budget amendment to recognize the additional grant funding and establish a budget appropriation to allow the expenditure of grant monies. The District is currently conducting hurricane debris cleanups of the Peace Creek Canal, Peace River and Flint Creek utilizing federal disaster relief funding through the Natural Resources Conservation Service (NRCS). In addition to these projects, staff is recommending several additional hurricane debris removal projects focusing on major waterways and estuary systems. New projects include additional dollars for the Peace Creek Canal, the Alafia River, tributaries to the Peace River in Hardee and DeSoto Counties, Shell and Prairie Creeks and Alligator Creek in Charlotte County. The funding source for these projects would come from the NRCS, with the District providing a 25 percent match. Staff has requested and will request for these new NRCS projects reimbursement of 50 percent of its match from the Florida Department of Community Affairs (FDCA). In regard to the estuary systems, the Florida Department of Environmental Protection (FDEP) has requested the District to oversee removal of hurricane debris from bays, bayous, sounds and rivers that pose a public heath, safety or environmental threat. Charlotte Harbor and Sarasota Bay are the two systems with debris meeting these criteria. Monies for these activities would come from the Federal Emergency Management Agency (FEMA) through FDEP with the State providing any required match. Since the occurrence of Hurricane Charley in mid-August 2004, the NRCS has conducted debris assessments on the Peace River, the Peace Creek Canal, Flint Creek (Hillsborough County), tributaries of the Peace River, and Alligator Creek (Charlotte County). More recently assessments were conducted of the Alafia River, Shell and Prairie Creeks; and it was determined that debris removal was necessary. Based on a formal agreement with the NRCS, the District began debris cleanup operations on the Peace Creek Drainage Canal on December 8, 2004. The agreement provides for 75 percent reimbursement of District expenses. The total NRCS contract amount for the Peace Creek Drainage Canal is $472,340. Significant progress has been made in the lower reaches of the system and as a result water levels have fallen quickly. However, the amount of debris and the difficulty in removing it was underestimated and additional funding is being sought to complete the entire system. The Governing Board, on December 14, 2004, approved an amendment to the NRCS agreement for debris cleanup of the Peace River from Bartow to the southern boundary of DeSoto County, a distance of approximately 105 miles. The total contract amount for the Peace River channel cleanup is $992,660. Work had not begun at the writing of this recap as the District was finalizing the procurement process for a contractor(s). Additionally, at the December meeting, the Governing Board approved an amendment to the NRCS contract in the amount of $120,000 for debris cleanup and snagging of Flint Creek downstream of the District's water control structure on Lake Thonotosassa. Both projects are subject to 75 percent District reimbursement from the NRCS. The Flint Creek project will require an additional $100,000 for cleanup, to be shared equally by the District and Hillsborough County. During recent informal conversations with local governments and the Charlotte Harbor Aquatic Preserve staff, several other projects were identified for consideration. Alligator Creek, south of Punta Gorda in Charlotte County, is in need of debris cleanup. Initial NRCS estimated debris cleanup cost is $800,000. In DeSoto and Hardee Counties, NRCS has identified a need to remove debris in the tributaries of the Peace River, primarily focusing on road crossings and other critical flow control points. An initial NRCS assessment of the Peace River tributaries estimated the debris cleanup cost at $2,200,000. In addition to these projects, the debris removal for the Peace Creek Drainage Canal has been more difficult and as a result, more costly than originally estimated and NRCS is evaluating the remaining


cleanup and determining if additional funding is warranted. The estimate at this time is an additional $400,000. That determination along with final costs will be made before the meeting. The remaining systems currently being assessed are the Alafia River, Shell Creek and Prairie Creek. The NRCS and District had not yet concluded the assessments but have assigned a preliminary cost of $1 million for each waterbody. The District has the ability to reassign dollars from NRCS between the projects, along has the total amount from the NRCS remains the same. The District staff in cooperation with agencies mentioned above has held discussions on expanding cleanup activities for several other water bodies. At the November 4, 2004, Governing Board Chairmen and Executive Directors’ meeting, Secretary Castile requested the water management districts to take the lead in debris removal within tidally influenced sovereign lands. Subsequently, on November 9, 2004, FDEP staff (Division of State Lands) conducted a conference call with staff members of the State's water management districts suggesting a partnership with the districts in the cleanup of storm debris in "sovereign submerged lands (bays, bayous and rivers (tidal portions))." The FDEP has requested that the water management districts "will act as agent(s) in implementing surveys and subsequent debris removal activities." Funding for this project will flow from FEMA to FDCA and then to FDEP. FDEP will then provide cost reimbursement to the water management districts. Final arrangements among FDEP, FEMA and the District are expected to be determined prior to the Governing Board meeting. FDEP staff have informally mentioned that $20 million is being requested from FEMA for the Statewide "bays, bayous and river" debris cleanup. No specific allocation of dollars for each District has been provided. Charlotte Harbor and Sarasota Bay are the District water bodies expected to be included in this project and debris assessments are currently ongoing. Current cost estimates are $2.65 million. Federal funding for hurricane related damages to facilities and natural systems are available from two sources, the NRCS and FEMA. NRCS funding is limited to debris removal in flowing watercourses. FEMA funding is available for costs associated with damaged facilities, labor, equipment and for certain preventative activities. Additionally, FEMA provides funding for debris removal of major water bodies when it can be shown that there exists an environmental threat or a public heath and safety issue. With this in mind, the District is working primarily with the NRCS on debris removal for flowing systems and with FEMA on the sovereign lands cleanup and internal District projects. Certain deadlines exist for these programs. Currently NRCS has a February 15, 2005 deadline for all funding requests. FEMA in coordination with FDCA has provided written guidelines for projects to be submitted for Hazard Mitigation Grant funding consideration with a deadline of April 15, 2005. The funding match requirement for NRCS is 25 percent for the cooperator and for FEMA, up to 10 percent. In regard to the District's match contribution, there exists at least two opportunities for recapturing all or half of the District's match. An existing agreement called the Statewide Mutual Aid Agreement, signed by the District in 2001, allows for participating parties that are requested to provide assistance during a declared disaster an opportunity to request 100 percent reimbursement of related expenses from FDCA. Additionally, legislation from the recent special session (HB 19A) provides for reimbursement of 50 percent of any local government's match associated with a federal hurricane assistance grant. Water management districts are considered local governments under the interpretation of this bill. Requests for reimbursement of the District's existing projects (Peace Creek Canal, Peace River and Flint Creek) have been made and similar requests will be made for any future District funding match associated with the hurricane cleanup. The following table shows the existing and recommended projects and related funding.


Existing Projects

(Appropriated)

District's Est. Max

Match (25%)

NRCS (75%)

FEMA (Est. 50%)

Hills. County

Total Cost

Cumulative Total

Districtwide Labor/Equip. $681,615 $681,615 $1,363,230 $1,363,230

Peace Creek Drainage Canal 118,085 $354,255 472,340 1,835,570

Peace River 248,165 744,495 992,660 2,828,230

Flint Creek 80,000 90,000 $50,000 220,000 $3,048,230

Totals $1,127,865 $1,188,750 $681,615 $50,000 $3,048,230

Proposed Projects

District's Est. Max

Match (25%)

NRCS (75%)

FEMA (90%)

State (10%)

Total Cost

Cumulative Total

Alligator Creek & Tributaries

$250,000 200,000

$750,000600,000

$1,000,000 800,000

$1,000,000800,000

Peace River Tributaries

679,250 550,000

2,037,7501,650,000

2,717,000 2,200,000

3,717,0003,000,000

Peace Creek Drainage Canal

170,750 100,000

512,250300,000

683,000 400,000

4,400,0003,400,000

Alafia River 250,000 750,000 1,000,000 5,400,0004,400,000

Shell and Prairie Creeks

250,000 500,000

750,0001,500,000

1,000,000 2,000,000 6,400,000

Charlotte/ Sarasota Bays $2,385,000 $265,000 2,650,000 $9,050,000

Totals $1,600,000 $4,800,000 $2,385,000 $265,000 $9,050,000 Note 1 The table has been updated with revised NRCS project cost estimates. Strike-through

amounts show the original cost estimates that were included in the table in the packet. Note 2 No change to totals for District match or total cost.

The NRCS and FEMA emergency recovery grants related to the hurricanes were not anticipated and therefore not included in the current budget. In order to accomplish the projects, a budget amendment is necessary to recognize the grant monies as revenue and to establish a budget appropriation for project expenditures. Resolution 05-02, Amendment of the Fiscal Year 2005 Annual Service Budget, will increase the District's budget by $7,450,000 from $279,252,797 to an amended total budget of $286,702,797. Staff recommended to: (1) Approve a transfer of $1,600,000 from General Fund Contingency Reserves for

hurricane debris cleanup projects in the Peace Creek Drainage Canal, Alafia River, Peace River tributaries, Shell and Prairie Creeks, and Alligator Creek, with the understanding that the District will seek reimbursement equal to at least one-half of this amount; and


(2) Approve Resolution No. 05-02, Amendment of the Fiscal Year 2005 Annual Service Budget (see Exhibit 27), to increase the District's FY2005 combined budget by $7,450,000 from $279,252,797 to an amended total budget of $286,702,797; and

(3) Authorize the Executive Director to execute agreements with the NRCS, FEMA and FDEP for the referenced projects, not to collectively exceed $9,050,000.

Chair Rice asked whether staff time is being impacted. Mr. Wirth said that Engineering staff time is being impacted, along with Cooperative Funding projects. Chair Rice asked that staff communicate to the cooperator if their project is being impacted. Mr. Wirth said that staff is working to keep projects moving forward. He noted that the St. Johns River Water Management District is utilizing temporary positions to assist with projects. Mr. Pokrana noted that Finance staff has been impacted, and a position was reallocated to the Accounting Section and a temporary person is being utilized. Chair Rice said staff is doing a fantastic job and asked that the Committee be kept informed of impacts. Following consideration, Mr. Johnson moved, seconded by Ms. Dominguez, to approve the staff recommendations for Discussion Item 27, as presented. The motion carried unanimously. (Tape 1, Side A – 0.8/22.3)

28. Comprehensive Watershed Management Overview

Mr. David Moore, Executive Director, provided an overview of the Comprehensive Watershed Management (CWM) initiative. He said CWM is a watershed-based approach to address the District’s four areas of responsibilities--water quality, natural systems, flood protection and water supply--with particular emphasis on the first three. This initiative began in the early 1990s primarily in response to broad based recognition that there needed to be a comprehensive, well coordinated management strategy of surface waters and associated natural systems similar to the well established approach to managing water supply. This was brought into focus with the culmination of the District’s 1992 Needs and Sources Plan, the predecessor to the more recent 2001 Regional Water Supply Plan. Other factors included an emerging nationwide emphasis on watershed based management and greater community involvement. Also, the District’s Cooperative Funding Program was budding in projects funded through the resource management elements of the organization that would occasionally not be permitted by Resource Regulation, an issue that would be avoided through closer coordination. During the early years of the CWM initiative, emphasis was placed on developing community-based strategic plans for the District’s 11 major watersheds. These plans were developed through a lengthy and staff intensive process that included representation from all areas of the organization as well as other entities and interested parties, including the Department of Environmental Protection, Fish and Wildlife Commission, Army Corps of Engineers, National Estuarine Program (NEP), Regional Planning Councils, local governments, environmental organizations, and citizen activists. Arguably, the greatest benefit of this process would be identification of several major initiatives that have, or are in the process of, being implemented. These initiatives result in a more coordinated, effective and efficient approach to managing watersheds, and include the development of the Lotus Notes Project Management Database, the District’s Watershed Management Initiative including the map modernization program, and the District’s decision support system. Additionally, the process resulted in refinement of Surface Water Improvement and Management (SWIM), Florida Forever, and NEP plans, and the District’s Minimum Flows and Levels priority list. Eleven watershed plans will be updated on a five-year basis with the next round scheduled to begin in FY2006. In the interim, staff will continue to coordinate with their counterparts in other organizations to implement the diverse elements of the plans. This item was presented for the Committee’s information, and no action was required.


Chair Rice said that CWM is a watershed-based “strategic plan” for the District, and this phrase should be used to have an impact on the public and staff. He said every staff member should be able to answer the question “What is CWM?” (Tape 1, Side A – 22.3/38.6)

At this time, the Committee considered an item that was added for consideration. Peace River/Manasota Regional Water Supply Authority Aquifer Storage and Recovery Monitoring Well Project (Presented to the Resource Development and Management Committee) Mr. Mark Barcelo, Hydrologic Evaluation Manager, said this is to request the transfer of $525,000 from the Governing Board's Water Supply and Resource Development Reserve to fund the construction of up to 13 monitor wells for water quality testing along with the Peace River/Manasota Regional Water Supply Authority at its Aquifer Storage and Recovery (ASR) well fields. The District and the Authority are to share the cost of constructing and testing up to 13 monitor wells at the Authority's ASR well fields for purposes of sampling levels of arsenic in the aquifer. Data collected from this effort will help determine the nature and extent of elevated arsenic levels that occur in the aquifer as a result of ASR operations. Following completion of this project, District staff along with public supply utilities will use the results to convince the Florida Department of Environmental Protection (FDEP) that the arsenic issue can be managed in a manner that protects human health and insures aquifer viability. This issue has become very important and time sensitive in light of the state’s recent adoption of a much lower drinking water standard for arsenic. It is possible that the new standard could require some operational ASR systems to shut down in the near future. Staff was requesting a transfer from the Resource Data Section's budget to construct wells for the District’s Regional Observation and Monitor Well Program (ROMP). Staff has now determined that diverting funds from ROMP would cause unacceptable well construction delays in areas where data acquisition is critical. Staff is requesting the funds for the project be transferred from the Governing Board’s Water Supply and Resource Development Reserve. The Reserve currently contains approximately $44 million. Staff recommended to:

(1) Concur with staff’s plan to construct and test up to 13 monitor wells at the Authority’s well field;

(2) Approve the transfer of $525,000 from the Board's Water Supply and Resource Development Reserve to the Resource Conservation and Development Department for the Authority’s ASR Monitor Well Project; and

(3) Authorize the Executive Director to execute the necessary agreements with the Authority to obtain a drilling contractor and consultant to perform the work described above.

Following consideration, Ms. Dominguez moved, seconded by Ms. Whitehead, to approve the aforementioned staff recommendation, as presented. The motion carried unanimously. (Tape 1, Side B – 0.0/11.8) 29. District Procurement Card Program

Mr. Daryl Pokrana, Finance Director, said staff initiated the procurement card (P-card) program in June 2004 and has found it to be an effective means for acquisition of small items under $1,000. The P-card is basically a limited use credit card that can be adjusted to fit the needs of the individual user and provide management control of purchased items. For example, a card can be issued to a mechanic which allows the purchase of automobile supplies, but would not authorize building materials. The cards proved to be very beneficial after the hurricane events when crews traveling to affected areas could acquire supplies, food, and make hotel reservations prior to entering assigned areas. This also reduced the need for crews to carry cash, as many businesses even in areas without power would accept


the District P-cards and process transactions at a later date. Although managers may require prior approval, once issued and the parameters of use are set, the individual District employee can use the P-card without having to receive prior approval. To ensure the proper use of all P-cards, the Finance Department has instituted procedures to review daily purchases and ensure that all purchase packets contain documentation for all purchases, the public purpose is stated, and the approval of the Department Director is obtained prior to submittal. This is a significant change in the way the District acquires items from vendors on an as needed basis. Prior to 1996, the District had a system of "field purchase orders" in place for acquiring items needed by staff. This would require a staff member to contact a supervisor to request approval for a purchase; the supervisor would in turn contact the Procurement Section to request a purchase order; and the Procurement Section would then produce a purchase order and send it to the requesting department. The process would in some cases take a day or two to complete a purchase under $750. This system had the effect of creating a large inventory of items needed by staff and field crews that could not wait for a purchase order to be produced. In 1996, the District's financial system was capable of producing on-line purchase documents (PDs) that were created at the requesting department's computer and eliminated the need for the Procurement Section to produce a purchase order which shortened the process, reduced some of the inventory items but still required the staff member receive a document to complete the purchase. The advent of the P-card has significantly reduced the use of the PD system. Since the introduction of the P-card in June 2004 for the six months ended December 31, 2004 the use of PDs has decreased 92.5 percent from 2,213 transactions to 164 transactions as compared to the same time period in 2003. This has a ripple effect in that the administrative costs of processing PDs (i.e., data entry, processing a paper document) are eliminated. Use of the P-card also had a positive affect on the number of checks issued which was reduced by 19.5 percent within the six-month period June 1, 2004 through December 31, 2004 as compared to 2003. In addition to the administrative savings, the card will produce a rebate of .50 percent which based upon usage generated $6,100.00 for the first six months of use. The P-card program, coupled with the changes the Governing Board instituted in Board Policy 150-1, Procurement, have resulted in the reduction of one full-time buyer position in the Procurement Section. The position was reallocated to the Accounting Section for a much-needed Accountant II position to assist with the federal and state grant programs. This item was presented for the Committee's information, and no action was required. (Tape 1, Side B – 11.8/16.5)

Routine Reports 30. Tampa Service Office Construction Project Update

This item is to keep the Board advised of the progress/status of the Tampa Service Office Construction Project. On a monthly basis, a written summary report of the accomplishments of the previous month will be included along with a schedule for the project. Critical decision points to monitor the schedule will be highlighted. This item was presented for the Committee's information only, and no action was required.

31. Treasurer's Report, Payment Register for Accounts Payable, 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 as of December 31, 2004, which reflects total cash and investments at a market value of $381,970,799, is included as an exhibit. 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


for Accounts Payable listing disbursements since last month's report is available upon request. The Payment Register includes checks and electronic funds transfers (EFTs). The FY2005 Contingency Reserves Report (District only) follows:

ORIGINAL BUDGET AMOUNT: $4,577,652

Less Approved Transfers Date of

Board Action

Hurricanes Debris Cleanup for Flint Creek and Peace River Projects 448,230 December 14, 2004

BALANCE: $4,129,422

These items were presented for the Committee's information, and no action was required.

32. Fiscal Year 2005 First Quarter Financial Report

This presentation is to provide the Finance and Administration Committee with a financial status report for fiscal year 2005 through the end of the first quarter. The forecast highlights major revenues and expenditures anticipated for this fiscal year in comparison with the budget. This item was presented for the Committee's information, and no action was required. (Tape 1, Side B – 16.5/16.8)

33. February Committee Meeting Agenda • Approval of the Minutes of the Committee Meeting of January 25, 2005 • Consent Transfer Report • Regulatory Information System • Inspector General's Report – Environmental Resource Permit Audit • Records Management Alchemy Retrieval Software • Fiscal Year 2006 Budget Process • Routine Reports Tampa Service Office Construction Project Update Treasurer's Report, Payment Register for Accounts Payable, and Contingency Reserves Report

• Development of the March Committee Meeting Agenda (Tape 1, Side B – 16.8/21.5)

There being no further business, the meeting was adjourned at 11:44 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.

ITEM AMOUNTNO. DEPARTMENT EXPENDITURE CATEGORY DEPARTMENT EXPENDITURE CATEGORY REASON FOR TRANSFER TRANSFERRED

Executive Director Approved - General Fund

1 05Information Resources # Telephone and Communications 05Information Resources # Equipment - Non-Capital Outlay Transfer of funds originally budgeted for telephone and communications 6,352$ that are no longer required as a result of consolidation of service lines. Funds now required for purchase of modular furniture for personnel relocated to Brooksville from the Tampa Data Center.

2 07Human Resources # Districtwide Training Programs 05Information Resources # Other Contractual Services Transfer of funds originally budgeted for Districtwide training programs that 3,000 are no longer required due to use of District staff as trainers and lower than anticipated costs. Funds now required for development of web-based tool for analyzing and reporting Internet usage.

3 10Finance # Regular Salaries and Wages 10Finance # Other Contractual Services Transfer of unused salary budget resulting from vacancy of two clerical/support 5,000 positions to other contractual services for temporary assistance to provide clerical / secretarial support until vacant positions can be filled.

4 46Sarasota Regulation # Regular Salaries and Wages 46Sarasota Regulation # Other Contractual Services Transfer of unused salary budget resulting from employee on long-term medical 3,450 leave to other contractual services for temporary assistance to provide support until employee returns to work.

5 60Operations # Parts and Supplies 05Information Resources O Operations Administration Transfer of funds originally budgeted for parts and supplies for purchase 1,500 Software of ArcPad software that will be used for the development of field

data-collection applications.Executive Director Approved - Basins

Withlacoochee River Basin Board: 0191 70Land Resources # Other Contractual Services 70Land Resources # Other Contractual Services Transfer of funds originally budgeted for herbicide treatment on Green Swamp 5,056

West 8 Restoration site that are not required due to lower than anticipated costs. Funds now required for reimbursement to Florida Division of Forestryfor costs incurred in suppressing an escaped District prescribed burn.

Total Executive Director Approved 24,358$ Finance Director Approved

1 50Resource Management # Consultant Services 50Resource Management # Consultant Services Transfer of budgeted funds to appropriate activity code for the Peace 50,000$ Creek Watershed Evaluation project.

2 41Technical Services # Contracted Construction 50Resource Management # Consultant Services Transfer of budgeted funds to appropriate department and expenditure 335,000 codes for proposed wetland enhancement activities to be conducted onthe District's Hampton Track and Serenova Tract FDOT mitigation projects.

3 41Technical Services # Contracted Construction 50Resource Management # Contracted Construction Transfer of budgeted funds to appropriate department and expenditure 186,661 60Operations # Regular Salaries and Wages codes for construction related activities and construction management60Operations # Central Garage Charges services associated with the Cockroach Bay FDOT mitigation project.60Operations # Rental of Other Equipment60Operations # Parts and Supplies

4 60Operations # Consultant Services 60Operations # Consultant Services Transfer of budgeted funds to appropriate activity codes for bridge 11,500 inspections at Green Swamp West and Flying Eagle.

5 05Information Resources # Travel - Training 07Human Resources # Districtwide Training Programs Transfer of budgeted funds to appropriate department and expenditure 3,140 code for a Communications and Team Building training class forInformation Resources staff.

6 50Resource Management # Consultant Services 50Resource Management # Consultant Services Transfer of budgeted funds to appropriate department section for Digital 51,000 Topographic Information element and Aerial Topographic Mapping for Gamble Creek Watershed Management Plan.

-- TRANSFERRED FROM -- -- TRANSFERRED TO --

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTConsent Transfer Report

Month Ended January 31, 2005

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.

ITEM AMOUNTNO. DEPARTMENT EXPENDITURE CATEGORY DEPARTMENT EXPENDITURE CATEGORY REASON FOR TRANSFER TRANSFERRED

-- TRANSFERRED FROM -- -- TRANSFERRED TO --

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTConsent Transfer Report

Month Ended January 31, 2005

7 50Resource Management # Consultant Services 50Resource Management # Consultant Services Transfer of budgeted funds to appropriate department section for Digital 21,000 Topographic Information element and Aerial Topographic Mapping forBuffalo Canal / Frog Creek Watershed Management Plan.

8 50Resource Management # Other Contractual Services 50Resource Management # Other Contractual Services Transfer of budgeted funds to appropriate activity code for debris 220,000 500 # Contracted Construction 500 # Contracted Construction clean-up on Flint Creek.

9 60Operations # Contracted Construction 52Various Departments # Various Expenditure Categories Transfer of budgeted funds to appropriate departments and expenditure 38,319 5200 # codes to cover costs associated with hurricane related activities.

10 04Office of General Counsel # Travel - Training 07Human Resources # Districtwide Training Programs Transfer of budgeted funds to appropriate department for project 1,056 50Resource Management # Travel - Training management training.06Communications # Travel - Training

11 41Technical Services # Travel - Training 07Human Resources # Districtwide Training Programs Transfer of budgeted funds to appropriate department for Supervisor 2,500 Development Training Program for Resource Regulation staff.

12 50Resource Management # Grant - Financial Assistance 50Resource Management # Grant - Financial Assistance Transfer of budgeted funds to appropriate activity code for Sarasota 133,000 Bay Estuary Program.

13 50Resource Management # Consultant Services 50Resource Management # Contracted Construction Transfer of budgeted funds to appropriate expenditure code for debris 324,175 500 # Other Contractual Services clean-up on Peace River.

Total Finance Director Approved 1,377,351$

Total Transfers for Governing Board Approval 1,401,709$

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.

DRAFT

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RESOLUTION NO. 05-03

SECOND AMENDMENT OF THE FISCAL YEAR 2005 ANNUAL SERVICE BUDGET

WHEREAS, the Governing Board of the Southwest Florida Water Management District (District),

as required by Chapters 200 and 373, Florida Statutes (F.S.), and Chapter 61-691, Laws of Florida, adopted the fiscal year (FY) 2005 total budget of $279,252,797 on September 28, 2004; and

WHEREAS, the Governing Board of the District is authorized to amend the budget to include

funds received after the adoption of the final budget as provided for in Subsection 373.536(4), F.S.; and WHEREAS, the District has complied with the notice requirement and all other requirements of

ss. 373.536(4), F.S.; and

WHEREAS, the Governing Board approved Resolution No. 05-02 Amendment of the Fiscal Year 2005 Annual Service Budget to increase the District's FY2005 total budget by $7,450,000 from $279,252,797 to an amended total budget of $286,702,797; and

WHEREAS, the General Fund will receive $2,707,000 in unanticipated revenue from the U.S. Federal Emergency Management Agency for watershed management and floodplain mapping efforts in Desoto ($770,000), Hardee ($737,000) and Polk ($1,200,000) counties; and

WHEREAS, the Withlacoochee River Basin Board passed Resolution No. 81 on February 7,

2005 to amend its FY2005 budget by an increase of $99,299 from $11,312,338 to $11,411,637 to include $60,000 in previously unanticipated revenue from Marion County for the Marion County – Post Process Topographic Data project and $39,299 in previously unanticipated revenue from the Water Management Lands Trust Fund for start-up land management costs associated with the Boy Scout Tract, Flying Eagle project; and requested the Governing Board amend the District's FY2005 combined budget to reflect the Withlacoochee River Basin amended budget as adopted and approved by the Withlacoochee River Basin Board on February 7, 2005; and

NOW THEREFORE, BE IT RESOLVED, by the Governing Board of the Southwest Florida Water Management District that the FY2005 District budget is amended by an increase of $2,806,299 from $286,702,797 to an amended total budget of $289,509,096, as reflected on the attached budget.

PASSED AND ADOPTED this 22nd day of February 2005, by the Governing Board of the

Southwest Florida Water Management District.


By: ______________________________ Watson L. Haynes, II, Chair

Attest: _____________________________ Judith C. Whitehead, Secretary

CERTIFICATE AS TO RESOLUTION NO. 05-03 STATE OF FLORIDA COUNTY OF HERNANDO

We, the undersigned, hereby certify that we are, Chair and Secretary, respectively, of the Southwest Florida Water Management District, organized and existing under and by virtue of the Laws of the State of Florida, and having its office and place of business at 2379 Broad Street, Brooksville, Hernando County, Florida, and that, on the 22nd day of February 2005, at a duly called and properly held meeting of the Governing Board of the District, at which meeting a majority of the members of the Governing Board were present, the resolution, which is attached hereto and which this certificate is a part thereof, was adopted and incorporated in the minutes of that meeting.

Dated at Brooksville, Florida, this 22nd day of February 2005.


By: _____________________________ Watson L. Haynes, II, Chair

Attest: ____________________________ Judith C. Whitehead, Secretary ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF HERNANDO

The foregoing instrument was acknowledged before me this 22nd day of February 2005, by Watson L. Haynes, II, and Judith C. Whitehead, Chair and Secretary, respectively, of the Governing Board of the Southwest Florida Water Management District, a public corporation, on behalf of the corporation. They are personally known to me.

WITNESS my hand and official seal on this 22nd day of February 2005. ______________________________ Notary Public State of Florida at Large My Commission Expires:

This amendment will not Impact the District millage.

FY2005Current Budget Proposed FY2005

As Amended Budget AmendedJanuary 25, 2005 Amendment Budget

Revenues:

General Fund $126,344,079 $2,707,000 $129,051,079

Special Revenue Funds Withlacoochee River Basin 11,312,338 99,299 11,411,637Other Special Revenue Funds 119,599,310 119,599,310

Total Special Revenue Funds 130,911,648 99,299 131,010,947

Capital Projects Fund 29,447,070 29,447,070

Total Revenues $286,702,797 $2,806,299 $289,509,096

Expenditures:

General Fund $126,344,079 $2,707,000 $129,051,079

Special Revenue Funds Withlacoochee River Basin 11,312,338 99,299 11,411,637Other Special Revenue Funds 119,599,310 119,599,310

Total Special Revenue Funds 130,911,648 99,299 131,010,947

Capital Projects Fund 29,447,070 29,447,070

Total Appropriation $286,702,797 $2,806,299 $289,509,096

Southwest Florida Water Management DistrictFiscal Year 2005 Proposed Budget Amendment

Unanticipated Additions to Budgeted Revenues

The amendment is proposed to increase the FY2005 General Fund budget by $2,707,000 to reflect unanticipated revenue from the U.S. Federal Emergency Management Agency for watershed management and floodplain mapping efforts in Desoto ($770,000), Hardee ($737,000) and Polk ($1,200,000) counties; and to increase the FY2005 Withlacoochee River Basin Special Revenue Fund budget by $99,299 to include $60,000 in previously unanticipated revenue from Marion County for the Marion County – Post Process Topographic Data project and $39,299 in previously unanticipated revenue from the Water Management Lands Trust Fund for land management costs associated with the Boy Scout Tract, Flying Eagle project.

The final and/or amended budgets are on file in the office of the Southwest Florida Water Management District as a public record.Office located at 2379 Broad Street, Brooksville, Florida 34604-6899.

Attachment I

Initial WMlS Design

I

1 Graphic Arts Personal Com uters lntranet Access P Internet Access

c d I

bi9cQmw

Databases

Further Database Consolidation

Discovery

User Access

Applications

Internet AccessIntranet AccessGraphic Arts Personal Computers

Water ManagementInformation System

GIS

Finance

WaterManagement

WMDs(SJRWMD) USGS Other

LocalGovtsFDEP

EPAStoret

ProjectManagement SCADA Hydron

LIMS Regulatory

Search and Query AnalysisDisplayDownload TransactionProcessing Modeling

Intranet/InternetGIS Viewer

Elec. DocumentMgmt System

RegulatoryDB Processes

Water UseTracking

DataIntegration

Attachment 2

Modified WMIS DesignFY2005 – FY2009

Data Warehouse Transactional DB

Attachment 3

Water Management Information SystemFunding Requirements (through FY05)

ProjectPrior

FundingFY04

BudgetFY05

Budget Totals$1,064,371 $212,040

$260,500$1,199,475

$500,000**($500,000)

**$500,000***$2,172,015

--

$1,778,411

$1,763,500

*$2,540,735$235,000

$500,000

$450,160

--

--$1,514,531 $6,817,646

Water Management Information System (Phase I)

$502,000

Water Use Tracking $1,503,000Electronic Document Management System

$891,100

Data Integration Project $235,000

Regulatory Database ---Totals $3,131,100

* Of the total $2,540,735 appropriated for the project, $1,704,475 remains in the FY2005 budget for the project.** The funding for Data Integration Project is requested for reallocation to the Regulatory Database for use in

accelerating rewrite and integration of Regulatory Database.*** The total approved aggregated project budget for FY2005 is unchanged.

EXHIBIT I. STANDARD CONSULTANT CONTRACT PROVISION CONFLICTING EMPLOYMENT. The CONSULTANT certifies that it does not at the time of execution of this Agreement have any retainer or employment agreement, oral or written, with any third party that directly conflicts with any interest or position of the DISTRICT relating to the services provided by the CONSULTANT under this Agreement. The CONSULTANT further agrees that it will not accept during the term of this Agreement any retainer or employment from a third party whose interests are in direct conflict with those of the DISTRICT regarding the work being performed under this Agreement. In the event the CONSULTANT is faced with an employment opportunity that appears to be a direct conflict with the work the CONSULTANT is performing under this Agreement, the CONSULTANT will provide the DISTRICT with notice of the employment opportunity. If the DISTRICT determines that the employment would be a direct conflict with the work the CONSULTANT is performing under this Agreement, the CONSULTANT and the DISTRICT will have the opportunity to decide whether or not the CONSULTANT will decline the employment opportunity or will accept the employment opportunity and terminate its contract with the DISTRICT. II. EXPERT WITNESS CONSULTANT PROVISION CONFLICTING EMPLOYMENT. The CONSULTANT hereby agrees that at the time of execution of this Agreement, it has no retainer or employment agreement, oral or written, with any third party relating to the SERVICES or to any other matter which may adversely affect any interest or position of the DISTRICT. The CONSULTANT will not accept during the term of this Agreement any retainer or employment from a third party whose interests appear to be conflicting or inconsistent with those of the DISTRICT. However, notwithstanding the foregoing paragraph, the CONSULTANT may accept retainers from or be employed by third parties whose interests appear conflicting or inconsistent with those of the DISTRICT if, after full written disclosure of the facts to the DISTRICT, the DISTRICT determines that the apparent conflict will not interfere with the SERVICES by the CONSULTANT. 2/05GbexhibitFin.recap

February 8, 2005 MEMORANDUM TO: Watson L. Haynes, II, Chair, and Governing Board Members FROM: Kurt P. Fritsch, Inspector General SUBJECT: Enforcement of Environmental Resource Permits Audit – Six-Month Progress Report In accordance with Governing Board Policy 140-1, the Office of Inspector General is submitting the subject report for your acceptance. Through this report, we update the District Governing Board on the status and outcomes of relevant actions taken by the District during the six months following a Board approved audit. The progress report is a four-column table based on the action plan contained in the original audit report. It presents management's desired result, the designed action item, and if applicable, a due date for any uncompleted actions. Staff have completed 29 of the 39 (74%) individual steps contained in the action plan during the first six months. The remaining 10 items are substantially on schedule or not yet scheduled to start. To aid your review of the report, we have shaded action items that remain open. While some of the changes were only recently carried out, preliminary data suggests the District has gained significant efficiencies by 1) achieving greater voluntary submission of required as-built drawings, and 2) reducing the necessity of second-time field visits. Chart 1 (attached) compares as-built public compliance and enforcement rates during the time of the original audit with the experience of the six months ended January 2005. The chart shows that in the last six months, permit holders have voluntarily submitted required as-built documents 95 percent of the time as compared with the 55 percent submission rate of the past. This dramatic performance improvement strongly indicates that the District's effort to link the issuance of county certificates of occupancy (CO's) to the permit holder's submission of as-built documents to the District is having a positive effect. The chart also presents evidence that the District's efforts to streamline as-built inspections have been successful. During fiscal years 2001 through 2003 staff re-inspected approximately 15 percent of all constructed projects. As a result of completing the first steps of the action plan (see Progress Report Page 2), staff have reduced the required number of re-inspections to approximately 5 percent. At this time, staff have surpassed their re-inspection target rate and should achieve the anticipated savings of approximately $150,000 per year. Since some of the action plan items remain open, this office will revisit staff's progress as part of a discretionary 18-month follow-up. At that time, we will have additional data to report other changes. The Governing Board Finance and Administration Committee Chair and Executive Director will receive that discretionary report. If you have any questions, please contact me at extension 4100. Attachments: Chart 1: Comparison: As-Built Public Compliance and Enforcement Rates Enforcement of Environmental Resource Permits Audit – Six-Month Progress Report

Chart 1Comparison: As-Built Public Compliance and Enforcement Rates

2,714

3204,030

236

2,130

8814

9

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

DocumentRequestsFY01-03

DocumentRequests

08/04-01/05

SecondInspections

FY01-03

SecondInspections08/04-01/05

Public Compliance: No additional staff efforts required Additional enforcement efforts required

1

Enforcement of Environmental Resource Permits

Six-Month Progress Report

Presented to the District Finance & Administration Committee

February 22, 2005

2

Focused Compliance and Enforcement Activities

7/2005

1/2006

Due Date

50%• Monitor and report results to Resource Regulation Deputy Executive Director for additional dissemination

100%• Carry out new procedure

100%• Communicate and train staff on new procedure

100%• Develop an internal operating procedure with criteria and appropriate communications to help staff determine when sufficient evidence exists to warrant referring an engineer of record to the Board of Professional Regulation

Obtain an additional tool for protecting the integrity of the District’s process and a higher reliance on engineers’ of records certifications for Priority “B” and “C” project activities.

10%• Monitor and report results to Resource Regulation Deputy Executive Director for additional dissemination

Improve the public compliance rate for proper construction of permitted activities (as-built compliance) from 80 to 90%, thereby saving associated public service enforcement staff costs by approximately $150,000 per year.

100%• Carry out new procedure

100%• Communicate and train staff on new procedure

100%• Develop an addendum that staff can attach to an issued Operating Permit that describes nonmaterial construction deviations that permit holders should correct before recertifying their systems

100%• Develop an internal operating procedure with criteria to help staff identify material deviations (system as constructed will not meet rule criteria) vs. nonmaterial construction deviations

% CompleteActionDesired Result

Legend:

100% complete

Substantially on schedule with original action plan

NSS – Not scheduled to start

3

Prompt, Consistent, and Efficient Operations

NSS1 year after completion

• Monitor and report results to Resource Regulation Deputy Executive Director for additional dissemination

Improve voluntary permit holder compliance rates for submitting required documents from approximately 70 to 90%, thereby reducing public service enforcement costs by approximately $160,000 per year.

75%3/2005• Establish and communicate protocol for water quality sampling• Establish and communicate protocol for turbidity sampling

100%• Plan, schedule, and carry out necessary changes in accordance with other data initiatives

100%• Identify best methodology for automating notification (in appropriate physical or electronic form) requesting required documents 90, 60, and / or 30 days before requirement dates and noncompliance letters 30 days after document due date

Improve consistency and validity of water resource impact evidence gathered by staff during enforcement activities.

25%10/2005• Monitor and report results to Resource Regulation Deputy Executive Director for additional dissemination

Improve noncompliant permit holders’ initial response rate to District requests for information from 50 to 80%, thereby reducing public service enforcement time periods by approximately 30 days and saving public service enforcement staff costs by approximately $20,000 per year.

100%• Ensure new language is incorporated into Service Office operations

100%• Develop language to incorporate into staff’s notice of noncompliance to the permit holder that informs the permit holder that failure to respond may result in staff’s forwarding the matter to General Counsel for commencement of recoverable enforcement

% CompleteDue DateActionDesired Result

Legend:

100% complete



4

Prompt, Consistent, and Efficient Operations (continued)

NSS6/2005• Monitor and report results to Resource Regulation Deputy Executive Director for additional dissemination

100%• Establish General Counsel protocol that District attorneys will notify General Counsel Management, a Technical Services designee, and Service Office Management whenever the attorney requires more than two post-legal referral site inspections by Service Office staff

100%• Eliminate last inspections by Service Offices that are done as final checks before submitting an enforcement file for Technical Services and General Counsel action

100%• Establish Service Office protocol that compliance and enforcement staff will not make a third request for information without prior approval from the Service Office Director or Managerial Designee

Improve overall efficiency and consistency of operations among Service Offices.

100%• Establish monitoring procedures via Data Mart

Ensure that all as-built documents received are initially reviewed in accordance with priority schedules within 90 days of receipt. Further, achieve goal that 80% of as-built submissions receive operational permits within 90 days of as-built receipt or are forwarded to General Counsel for recoverable enforcement (Measurement period to commence with documents received after 4/1/2005).

100%• Ensure new language is communicated to staff and incorporated into Service Office operations

95%3/2005• Develop and finalize rule language to establish District responsibilities for issuing operational permits within specific timeframes


Legend:

100% complete



5


• Reassign administrative staff to complete research related to the submittal of administrative documents such as:

– As-builts – Recertifications– Recertification satisfaction– Statements of Completion– Statements of Inspection– Homeowners’ documents

100%

100%• Reassign students or administrative staff to perform routine updates to the compliance tracking database instead of professional or technical staff

Obtain greater operational efficiencies by assigning the lowest cost employee resources that are qualified to perform specific tasks.

100%• Reassign students assigned to Technical Services to complete administrative tasks such as updates to the compliance tracking database; copying contents of legal action request files; filingdocuments related to active enforcement files, and merging files

% CompleteDecision DateRecommendationDesired Result

The following ideas were generated by staff during the audit engagement and require further evaluation by Regulation Division Management

Legend:

100% complete



6


100%• When as-built deviations involve wetland issues only, the appropriate environmental scientist is responsible for drafting and sending the letter and copying the appropriate engineer

Eliminate potential delays when staff are processing compliance / enforcement cases that involve wetland issues.

100%• When as-built deviations involve surface water and wetland issues, the letter should be drafted jointly by the appropriate engineer andenvironmental scientist with necessary staff referenced in the letter for contact purposes


The following ideas were generated by staff during the audit engagement and require further evaluation by Regulation Division Management

Legend:

100% complete



7


75%4/2005• Modify the existing Water Use Penalty Matrix to provide for additional District cost application

100%Will re-visit @ 7/2006

• Consider outsourcing the public service enforcement component ofthe Regulation Service’s duties for failure to submit documents

Operational readiness for potential increases to workload from pursuing failure to submit documents.

100%• Depending upon the decision and experience from above, consider other potential delegations that would represent the lower priority enforcement cases. Factors could include but are not limited to –

– Lack of water quality or quantity issues– Lack of wetland issues– Penalty thresholds

Expedite recoverable enforcement process.

100%• Authorize the Inspector General to conduct a cost study of the Water Use Enforcement program using similar methodology as that used in the current project

Increase the level of recovery for recoverable enforcement costs in the water use enforcement program.

100%• Delegate authority to the Executive Director for executing consent orders for failure to submit required documents


The following ideas were generated by staff during the audit engagement and require further evaluation by the General Counsel, the Executive Director and the District Governing Board

Legend:

100% complete



8

Monitor and Communicate Success Rates

100%• Short-term solution: Review current list of compliance tracking description, action, and closure codes to determine which should be updated / changed to obtain accurate information when requesting data from the compliance tracking database via Data Mart. Current tracking issues include the following:

– Flagging mechanism for compliance records that start as a complaint and transfer to a different description once additional information is obtained (to track outcome of complaint and outcome of real enforcement issue)– Tracking mechanism for compliance rates for as-built and related document requests that are separate from inspections and desk reviews– Tracking mechanism for compliance rates involving as-built desk reviews that are separate from those of field reviews– Tracking mechanism for issuing operational permits

Ensure that valid, reliable, easy-to-maintain monitoring reports are accessible to all stakeholders regarding outcome success and key internal operating performance (Regulation).

100%• Plan, schedule, and carry out necessary changes in accordance with other data initiatives

100%• Review required information and identify best long-term solution and methodology for automating collection and reporting of key performance information


Legend:

100% complete



9

Monitor and Communicate Success Rates (continued)

60%4/2005• Short-term solution– Tracking mechanism for compliance rates for recertification document requests that are separate from recertification inspections– Tracking mechanism for compliance rates for wetland monitoring and water quality document requests that are separate from wetland inspections– Mechanism to identify construction inspection findings to capture significant enforcement corrections in the field that are not communicated via letter– Aging report for all compliance activities– Staff involvement by category of staff for all compliance activities

Ensure that valid, reliable, easy-to-maintain monitoring reports are accessible to all stakeholders regarding outcome success and key internal operating performance.(Regulation continued)

100%Ensure that valid, reliable, easy-to-maintain monitoring reports are accessible to all stakeholders regarding outcome success and key internal operating performance. (General Counsel)

• Establish automated monitoring of the following:– Aging report by type of case in-house including the establishment of process goals for each type– Cumulative penalties and costs by program and collection rates


Legend:

100% complete



Finance and Administration Committee

EXHIBIT 34

Tampa Service Office Construction Project Update

Please remove this page and insert exhibit.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTTREASURER'S REPORT TO THE GOVERNING BOARDJanuary 31, 2005

AGENCY SECURITIESEFFECTIVE DAYS

CUSIP SECURITY INTEREST PURCHASE MATURITY TO PURCHASE MARKET % OFNUMBER DESCRIPTION RATE DATE DATE MATURITY COST VALUE PORTFOLIO

3 years3133ML7H2 Federal Home Loan Bank 3.80% 2/8/2002 2/8/2005 8 10,000,000 10,001,770

6 months313397JH5 Federal Home Loan Mortgage 2.77% 1/20/2005 7/19/2005 169 10,000,000 9,873,000

9 months313397NJ6 Federal Home Loan Mortgage 2.94% 1/20/2005 10/24/2005 266 10,000,000 9,790,000

3 years3133MYZF7-0 Federal Home Loan Bank 2.38% 6/12/2003 6/12/2006 497 10,000,000 9,878,901

Callable 09/12/03, quarterly thereafter

3 years3133MYZF7-1 Federal Home Loan Bank 2.38% 6/12/2003 6/12/2006 497 10,000,000 9,878,901


3 years31339XFC3 Federal Home Loan Bank 2.25% 6/19/2003 6/16/2006 501 10,000,000 9,875,000

Callable 07/16/03, monthly thereafter

3 years31339XF90 Federal Home Loan Bank 2.20% 6/19/2003 6/19/2006 504 10,000,000 9,852,967


3 years31339XK94 Federal Home Loan Bank 2.20% 6/26/2003 6/26/2006 511 10,000,000 9,850,138


3 years31339YNQ1 Federal Home Loan Bank 2.27% 7/28/2003 7/28/2006 543 10,000,000 9,847,062


3 years3133X02W8 Federal Home Loan Bank 2.50% 8/14/2003 8/14/2006 560 10,000,000 9,874,663


treasJan05.xls


AGENCY SECURITIES (Continued)EFFECTIVE DAYS

CUSIP SECURITY INTEREST PURCHASE MATURITY TO PURCHASE MARKET % OFNUMBER DESCRIPTION RATE DATE DATE MATURITY COST VALUE PORTFOLIO

3 years3133X45N7 Federal Home Loan Bank 3.04% 3/8/2004 3/8/2007 766 9,805,000 9,712,368


3 years3133X4VB4 Federal Home Loan Bank 3.00% 3/29/2004 3/28/2007 786 10,000,000 9,900,000


3 years3136F5PGO Federal National Mortgage Assoc Agency 2.76% 4/30/2004 4/30/2007 819 10,000,000 9,915,000


3 years3133X9GJ3 Federal Home Loan Bank 3.73% 12/3/2004 12/3/2007 1,036 10,000,000 9,985,000


Total Agency Securities $ 139,805,000 $ 138,234,770 36%

SBA ACCOUNTSEFFECTIVE

ACCOUNT ACCOUNT INTEREST PURCHASE MARKET % OFNUMBER DESCRIPTION RATE COST VALUE PORTFOLIO

271413 State Board of Admin. (SBA) General Investments 2.33 $ 226,638,593 $ 226,638,593271411 SBA Workers' Comp 2.33 1,149,336 1,149,336271412 SBA Benefit Plan 2.33 21,254 21,254271414 SBA Land Resources, SOR 2.33 268,475 268,475271415 SBA Advanced State Funding 2.33 20,538,833 20,538,833271416 SBA Advanced State Funding, FDOT Maint & Mon. 2.33 647,339 647,339

Total SBA Accounts $ 249,263,830 $ 249,263,830 64%

TOTAL INVESTMENTS $ 389,068,830 $ 387,498,600 100%

Accrued Interest on Investments 659,665 659,665.

TOTAL INVESTMENTS AND ACCRUED INTEREST $ 389,728,495 $ 388,158,265

Cash, SunTrust Demand Account (707,049) (707,049)

TOTAL CASH, INVESTMENTS, AND ACCRUED INTEREST $ 389,021,446 $ 387,451,216

Weighted average yield on portfolio at January 31, 2005 is 2.47%

treasJan05.xls


EQUITY - CASH AND INVESTMENTS

DISTRICT AND BASINS

District General $ 174,413,709 44.86% Alafia River 7,131,611 1.83% Hillsborough River 14,292,693 3.67% Northwest Hillsborough 17,336,436 4.46% Coastal Rivers 10,512,724 2.70% Pinellas-Anclote River 80,036,566 20.57% Withlacoochee River 14,334,111 3.68% Peace River 27,434,922 7.05% Manasota 34,441,149 8.85% SWIM Program 9,042,405 2.32% DOT Mitigation 45,120 0.01%

TOTAL EQUITY IN CASH AND INVESTMENTS $ 389,021,446 100.00%

SUNTRUST DEMAND ACCOUNT ACTIVITY

Cash Balance Cash Cash Cash Balance 12/31/2004 Received Disbursed 1/31/2005

Opening Balance $ (5,979,760) * Cash Receipts $ 14,151,391 Cash Disbursements (Checks) $ 7,046,482 Cash Disbursements (Wires) 3,391,046 Interbank Transfers (Wires) 30,333,941 9,136,400 Purchase of Security (Wires) 19,638,693

TOTAL SUNTRUST DEMAND ACCOUNT $ (5,979,760) $ 44,485,332 $ 39,212,621 $ (707,049) *

* 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.

treasJan05.xls

Governing Board Meeting February 22, 2005 Outreach and Planning Committee Consent Items 37. January 25, 2005 Committee Meeting Minutes ............................................................... 2 Discussion Items 38. Water Resource Messaging Program ............................................................................. 2 39. Watershed Education ...................................................................................................... 3 40. 2005 Update to the District Water Management Plan ..................................................... 4 41. Development of Legislative Grass Roots Program ......................................................... 5 Routine Reports 42. March Committee Meeting Agenda ................................................................................. 5

Outreach and Planning - 2 - February 22, 2005 Committee Summary Consent Items 37. January 25, 2005 Committee Meeting Minutes


Discussion Items 38. Water Resource Messaging Program

Water resource messaging is one of the initiatives the District uses to promote water conservation awareness and practices. In FY 2003 and FY 2004, the District partnered with the St. Johns River Water Management District to develop advertising promoting water conservation. The effectiveness of water resource messaging is determined by calculating on average how many people are reached (reach) and how often they are exposed to the message (frequency). In FY 2004, the District spent $343,740 on water resource messaging and achieved a reach of 68.5 and a frequency of 12. The Board wanted more people to see the advertising more often. At its July 2004 board meeting, the Governing Board approved an additional $200,000 in funding for FY 2005 media messaging, bringing the total budget for FY 2005 to $500,000. This total budget includes $275,000 from the District General Fund and $225,000 distributed proportionately among the Basin Boards. The Board approved the additional funding to increase the reach and frequency of the program. The District has developed its FY 2005 water resource messaging program to achieve a goal of 82 reach and 12 frequency. To maximize the impact of water resource messaging funding, the District is adding new media elements and changing the timing of its advertising. Previous messaging programs have concentrated on radio, broadcast TV and cable TV. The District is adding more prime time television commercial spots on both major networks and cable stations – 20-plus prime broadcast spots and 60-plus prime cable spots. Two new media elements being utilized are print ads in weekly newspapers and billboards. Diversifying the media buys should expand the base of residents who are exposed to the water conservation message. To make the biggest impact with the available funds, the District is also concentrating most of its advertising in a shorter period, known as a blitz buy, much in the same way that a company would roll out a new product, although on a smaller scale. Previously, the District has spent 60 to 70 percent of its messaging budget in the four-month period of March through June. This year, 70 percent of the advertising will run in April and May, the height of the dry season when residents are most likely to respond to conservation messages. The blitz buy will be bookended by 10 percent advertising in March and 10 percent in early June, prior to the start of the rainy season.

Outreach and Planning - 3 - February 22, 2005 Committee Summary

All of the advertising will direct residents to the District’s Web site, where a link using the images from the advertising will connect visitors to conservation information. The advertising had previously directed people to Floridaswater.com, a Web site developed by St. Johns and intended for statewide use. However, St. Johns’ new media campaign centers around the theme “It Takes Two” to promote twice-a-week watering. Our District has been on that schedule for many years and some local governments restrict watering to once a week. St. Johns’ campaign and the new Web site would not be appropriate for this District. Directing residents to the District Web site will allow the District to track visitors responding to our advertising, a feature that was not available when District residents were visiting the Floridaswater.com site. This redirection will require some modifications to existing advertising materials. Staff Recommendation: This item is presented for the Committee’s information, and no action is required. Presenter: Michael Molligan, Assistant Director, Communications Department

39. Watershed Education

The Pinellas-Anclote River Basin Board allocated $100,000 in FY2002 for the Brooker Creek Pilot Watershed Education Program. This program's goal was to educate, motivate and equip residents of Brooker Creek to protect their watershed. Brooker Creek was selected as the location for the pilot program with input from the Tampa-Bay Anclote Comprehensive Watershed Management team. After a formal bid process, the firm Tetra Tech, Inc. was selected as a consultant for the project to conduct research, develop the program plan and implement selected components of the plan. Focus groups and a telephone survey provided staff with valuable information about resident knowledge, attitudes and behaviors in regard to their watershed. With this information in hand and working with the consultant, staff focused on simple messages and practices to emphasize through a newspaper insert, a direct mail piece and other printed materials, road signs, a web site, media messages, workshops, a PowerPoint presentation for speakers and student activity packets. Youth Education efforts also supported the Brooker Creek Pilot Program. In June 2004, all the schools within the watershed were invited to send teams of teachers to a summer teacher's institute held at the Brooker Creek Preserve. Participating teachers received four days of training that included information on watersheds, water quality testing, Environmental Distance Learning, Service Learning and River of Words. They also received education materials and supplies to help them implement watershed projects in their schools. Twelve of sixteen schools attended the training. Eleven of those schools attending are subsequently implementing watershed education projects during the 2004-2005 school year. Staff also organized and implemented Watershed Wonders Week from Oct. 16 to 23, 2004 to increase awareness of watershed protection, especially in the Brooker Creek Watershed. The week of special events included World Water Monitoring Day and National Project WET's Make A Splash celebrations. Once the events were completed, a follow-up survey was conducted confirming an increase from 19 percent to 30 percent of those surveyed knowing that they live in a watershed. Final results of the program evaluation will be available for Board members at the meeting.

Outreach and Planning - 4 - February 22, 2005 Committee Summary

Staff will provide a report on the Brooker Creek Watershed Education program and discuss other current and future watershed education efforts in Lemon Bay, Peace River, Crystal River/Kings Bay and Hillsborough River. Staff Recommendation: This item is presented for the Committee's information only, and no action is required. Presenter: Linda S. McBride, Director, Communications Department

40. 2005 Update to the District Water Management Plan

The District's "comprehensive plan" is required by statute (373.036 (2) (a) F.S.) to be updated at least every five years, a process last completed in 2000. The updated plan is due to the Department of Environmental Protection (DEP) by the end of May 2005. Staff has previously provided an overview of the format and process for the update, information on how the DWMP fits in with all other applicable plans (including those that guide us on a state level as well as internally) and a status report on the work of the staff focus groups convened for each of the District's areas of responsibility. These reports have also served as informal public input opportunities. This month, staff intends to address two key items for the Board's information and to receive feedback: (1) the specific approach to our outreach and public input strategy; and (2) the results of the staff input process derived from interdisciplinary "focus groups" for Water Supply, Flood Protection, Water Quality, Natural Systems and Management Services. The District will undertake a multi-pronged approach to achieving optimal public participation in the Plan update. Two of the initial "tools" developed to solicit public input will be shared with the Committee, including the announcement brochure (a direct mail piece), and the District Water Management Plan 2000 Summary (see Exhibit) which reduces the existing 200 plus page Plan to a less than ten page overview. Both have specific uses and are integrated with other outreach strategies that will be discussed with the Committee. The role of Board members in encouraging public input will also be discussed. One of the earliest activities in the update process has been the work of the District staff focus groups intended to gain staff expertise and participation in the Plan update. This approach recognized the need to limit impacts on staff workloads, and was completed over a seven-week period as of the end of January. Planning staff have utilized the results of this process to create first drafts of the revised chapters for Water Supply, Flood Protection, Water Quality, Natural Systems and Management Services. Staff will review with the Committee the revised (from 2000) "issues" developed by the focus groups and will solicit input on these or any other issues that the Committee recommends be addressed in the Plan update process. Staff Recommendation: See Exhibit 40 This item is presented for the Committee's information and input, with no action required. Presenter: B. Terry Johnson, Manager, Planning Department

Outreach and Planning - 5 - February 22, 2005 Committee Summary 41. Development of Legislative Grass Roots Program

At the direction of the Governing Board and Executive Staff, the Community and Legislative Affairs Department has been focused on building community partnerships and achieving legislative goals. The District's program has primarily focused on establishing a broad base of community partners, acquiring state and federal funds for District programs, and providing information on, and understanding of, District policy priorities. In order to build upon the District's success in these areas, staff is expanding its programs to ensure proper dissemination of information to key community organizations and interest groups, and to enhance understanding of District water resource management goals. To achieve this, staff is instituting a new level of outreach efforts aimed at increasing District interaction with target audiences and enhancing the Districts legislative program through the use of an organized grassroots program entitled The LOOP. The LOOP includes an outline of target audiences, clear and measurable objectives, a concise program strategy, and specific tactics for implementation. The program will be evaluated on a continual basis to ensure that objectives are being met. Improvements and/or enhancements will be developed as needed.

Staff Recommendation: See Exhibit 41 This item is presented for the Committee's information and input, with no action required. Presenter: David T. Rathke, Director, Community and Legislative Affairs Department

Routine Reports 42. March Committee Meeting Agenda


Outreach and Planning Committee

Governing Board Southwest Florida Water Management District

Bartow, Florida January 25, 2005

The Outreach and Planning Committee of the Governing Board of the Southwest Florida Water Management District met at 10:40 a.m., on January 25, 2005, at the Bartow Service Office. The following persons were present: Committee Members Present Staff Members PresentHeidi B. McCree, Chair David L. Moore Joanne McClellan Thomas G. Dabney, Vice Chair Gene A. Heath Jay Yingling Edward W. Chance, Member Lou Kavouras Janet D. Kovach, Member Linda McBride Richard S. Owen Committee Member(s) Absent None Recording Secretary Paula L. McCleery Chair McCree called the meeting to order and recognized Ann Dunlap, Peace River Basin Board Member. Consent Items 34. December 14, 2004 Committee Meeting Minutes

35. Selection of Federal Legislative Consultant

Mr. Dabney moved, seconded by Mr. Chance to approve the staff recommendation for items 34 and 35. There being no objection, the motion carried unanimously.

Discussion Items 36. Inter-District Water Rate Structure Project Preliminary Results

Jay Yingling, Senior Economist, said the District has been supporting water rate and water rate structures issues for our 16 counties since 1993. He noted the District entered into a contract with a consultant to investigate the effectiveness of water conservation-oriented rate structures. He said the cost of this project is being shared between four of the water management districts. Mr. Yingling introduced John Whitcomb, the consultant conducting the study. Dr. Whitcomb said the study's focus was on the impact of the water price on water usage by single-family residential households. He said the study’s preliminary results showed that, consistent with previous research, water use does go down as price increases. He said what makes this study unique and valuable is that it was able to measure the different price responses that different groups of utility customers displayed based on four ranges of home values and whether irrigation water substitutes (shallow wells/reclaimed water) were available or not. He said this was also the first study to ever conclusively demonstrate that, all other things equal, an inclining block rate structure will conserve more water than a uniform rate structure. He noted that such information will prove very useful to utilities when assessing the water conservation and revenue impacts

Minutes of the Meeting January 25, 2005 Governing Board Outreach and Planning Committee Page 2

of changes in rate structures. Dr. Whitcomb said the next steps of this project include the completion of the draft report, peer review, public outreach efforts and update the WATERATE software model with the new price response information. This item is for information only; no action required.

37. District’s Regional Water Supply Plan Update Gregg Jones, Resource Conservation and Development Department Director, said the update to the Regional Water Supply Plan will be completed by the latter part of this year, and will cover the period from 2005 to 2025. He said the purpose of the Plan is to provide the framework for future water management decisions where the hydrologic system is stressed due to groundwater withdrawals. He said the Plan assists water users – local governments, water supply authorities, and private interests in meeting their water supply needs. Mr. Jones said the updated information will focus on the 10-county portion of the District's southern region. He also noted the update will incorporate the Southern Water Use Caution Area Recovery Strategy as well as local government and water supply authority planning efforts. This item is for information only; no action required.

38. Water 101 Video Production

Linda McBride, Communications Director, said the Water 101 video is intended to serve as a resource for Board members and staff to use at public speaking engagements and distributed to a variety of other audiences. The Committee was shown the first segment of the video which provided a general overview of water resource issues and the District. Ms. McBride also reported on the finalization of an additional video on SWIM projects in the Tampa Bay region called "Bringing Back the Bay." This item is for information only; no action required.

Routine Reports 39. 2005 Update to the District Water Management Plan

This item is to keep the Board advised of the progress/status of the update process to the District Water Management Plan. The Committee will be updated monthly throughout the process.

40. Legislative Status ReportThis item is to keep the Board advised of the status of the Legislative activities that have occurred. The Committee and/or full Board will be updated monthly during the Legislative session.

41. February Committee Meeting Agenda• Approval of the Minutes of the Committee Meeting of January 25, 2005 • 2005 District Water Management Plan Update • Follow-up to the Washington DC Trip • Dry Season Messaging • Development of the March Committee Meeting Agenda

There being no further business, the meeting adjourned at 11:50 a.m.

District

Water Management Plan 2000 Summary

“A Means to Promote Public Input”

January 2005

INTRODUCTION

DISTRICT OVER

WATER MANAG

WATER MANAG

THE INTEGRATE

WATERSHED M

IMPLEMENTATIO

PROCEDURES FO

The Southwest Florida Water Mindividual’s disability status. Thisincluding one’s access to, particirequiring reasonable accommoda(352)796-7211 or 1-800-423-1476

Table of Contents

PAGE

.............................................................. 1

VIEW........................................................3

EMENT GOALS AND POLICIES .......................3

EMENT RESPONSIBILITIES .............................4

D PLAN....................................................9

ANAGEMENT .............................................9

N COORDINATION....................................9

R PLAN DEVELOPMENT...............................9

anagement District (District) does not discriminate upon the basis of any non-discrimination policy involves every aspect of the District’s functions, pation, employment, or treatment in its programs or activities. Anyone tion as provided for in the Americans with Disabilities Act should contact , extension 4400; TDD only 1-800-231-6103; fax (352)754-6749.

Southwest Florida Water Management District District Water Management Plan 2000 Summary

January 2005

INTRODUCTION This summary of the July 2000 District Water Management Plan (Plan) is intended to address the question: Why would anyone in their right mind read a five-year old plan of nearly 200 pages in length just to tell the District what needs to be changed!? Though planning is a repetitive process and relies on periodic evaluation of success, it is unrealistic to think that any but the most dedicated would undertake this mammoth task on their own. And yet the District needs the advice and guidance of staff, decision makers, partners, other agencies and the citizens of its 16-county region if our "comprehensive plan" is to be effectively updated. Refreshing the Plan is a statutory duty of the District that must be done at least every five years. Moreover, Florida's rapid and steady growth, and a unique state law that makes water a resource that belongs to all Floridians, combine to suggest that good water management relies on regularly assessing change, including sound public involvement. The District's responsibilities encompass four key areas that are part of a consistent statewide format – water supply, flood protection, water quality and natural systems – and are aided by administrative support functions (management services) that provide the foundation for effective resource management. These five categories are at the heart of the Plan. Each is prefaced by the District's goal, and then addressed through a four-step planning process: 1. Resource assessment which describes existing conditions, including the programs the

District employs to manage and protect water resources;

2. Issue identification where those things the District can do or do better to achieve its mission are presented to guide responsive future strategies; 3. Water management policies which provide clarity on the positions the District will take

given changing circumstances; and 4. Implementation strategies that integrate our planning with highly specific tasks, schedules

and identification of responsible parties. The District Water Management Plan (2000) also contains important sections such as the District Overview, Watershed Management and Procedures for Plan Development (see Figure 1 Table of Contents). It identifies performance measures regularly reported on by the District, and reflects major accomplishments and changes since 1994 (the original Plan date). Each of these sections is briefly described in this summary, but the core of the Plan is the identification of issues that will continue to drive our strategies. It is in this area that those who provide input to the updated 2005 Plan can likely be most helpful. We look forward to you being part of the process.

Southwest Florida Water Management District District Water Management Plan 2000 Summary Page 2

Figure 1

DWMP 2000 TABLE OF CONTENTS Page Executive Summary ........................................................................................................................ 1 Chapter I. District Overview .......................................................................................................1-1

Introduction.......................................................................................................................1-1 Part A: District History .....................................................................................................1-2 Part B: Physical Setting..................................................................................................1-7 Part C: Cultural Resources ............................................................................................1-8 Part D: Surface Water Resources ..............................................................................1-10 Part E: Groundwater Resources................................................................................1-14 Part F: Water Use .........................................................................................................1-18 Part G: District and Other Publicly Owned Lands...................................................1-24 Part H: Program Overview..........................................................................................1-24 Part I: Planning Units...................................................................................................1-28 Part J: Major Accomplishments and Changes Since 1994..................................1-28

Chapter II. Water Management Goals and Policies .............................................................2-1

Part A: Vision and Mission Statement .........................................................................2-1 Part B: Goals ...................................................................................................................2-3 Part C: Water Management Performance Measures .............................................2-3

Chapter III. Water Management Responsibilities ..................................................................3-1

Part A: Issues Common to All Areas of Responsibility ..............................................3-2 Part B: Water Supply ...................................................................................................3-11 Part C: Flood Protection..............................................................................................3-39 Part D: Water Quality...................................................................................................3-55 Part E: Natural Systems Management.....................................................................3-74 Part F: Management Services...................................................................................3-97

Chapter IV. The Integrated Plan ...............................................................................................4-1 Chapter V. Watershed Management ......................................................................................5-1

Comprehensive Watershed Management Initiative Chapter VI. Implementation Coordination .............................................................................6-1

Summary of Current Coordination Efforts ....................................................................6-1 Chapter VII. Procedures for Plan Development .....................................................................7-1

Part A: Public Participation...........................................................................................7-3 Part B: Participation By Other Governments ............................................................7-3 Part C: Definitions ...........................................................................................................7-4 Part D: Evaluation Procedures .....................................................................................7-8


DISTRICT OVERVIEW This section provides a perspective of the District to create understanding of water management needs within specific regions. Included are the District's history, cultural and natural resources, water use, publicly owned lands and an assessment of major accomplishments and changes since the original Plan was completed in 1994. A sampling of the key facts about the SWFWMD contained in this section include:

The District contains 98 local governments spread over approximately 10,000 square miles, with a total 1998 population of about 3.8 million.

Millage levied by the Governing Board, capped at 0.5 mill, has remained constant (at 0.422 mill) since 1994.

Much of southwest Florida's geology is such that surface and ground waters are closely interrelated, forming the basis for the region's ecological systems.

Land use in the District (a strong indicator of water needs) reflects agriculture as the predominant use (31.1% of total land area), followed by urban uses (22.8%), wetlands (18.2%) and upland forest (16.8%).

Approximately 1,800 lakes ten acres in size or greater are found in the District, or about 23 percent of all such lakes in Florida.

Ground water resources play a significant role in the District, with over 80 percent of all water use emanating from this source, though it has increasingly been recognized as a limited resource.

In 1997, an average of about 1.3 billion gallons of fresh water was withdrawn each day in the District. The four counties with the greatest withdrawals were Polk (294.4 million gallons per day, or mgd), Hillsborough (258.8 mgd), Pasco (144.8 mgd) and Manatee (124.7 mgd).

Overall water demand in the District is expected to increase by over 50% between 1995 and 2020.

As of the date of the Plan, over 320,000 acres of land had been protected to further the District's mission to manage and protect the water resource.

WATER MANAGEMENT GOALS AND POLICIES "A regional water resource agency, just like an individual or a local government, must have a sense of direction, especially when faced with rapidly evolving and often conflicting priorities. The aspirations of such an agency, when clearly stated and actively pursued, can form the foundation for an organizational philosophy, which in turn supports equitable and consistent decisions in an ever-changing world" (District Water Management Plan 2000, p. 2-1). This section offers the District's vision, mission and goals toward which programs and activities are directed. It also includes the core performance measures developed by the districts, the Florida Department of Environmental Protection (DEP) and the Executive Office of the Governor, and regularly reported on since.


WATER MANAGEMENT RESPONSIBILITIES This section assesses the District's duties for four resource-based "areas of responsibility" in a format common to all the State's water management districts. The SWFWMD also includes a fifth area of responsibility, management services, which covers administrative functions in recognition of the important contributions they make to effective and efficient delivery of regional water resource services. As noted earlier, the Plan is largely "issue driven" in that it identifies opportunities for potential improvement and provides related strategies. There are a number of water resource management issues and strategies that are common to all the District's responsibilities (i.e., water supply, flood protection, water quality and natural systems). These issues illustrate the interconnectedness of water and related natural resources, as well as the comprehensive approach that must be utilized in effective management. Issues common to the District's four areas of responsibility include:

1. Comprehensive Watershed Management 2. Linking Water Management and Land Use Planning 3. Collection, Coordination and Distribution of Technical Information 4. Compliance and Enforcement of Regulations 5. Public Communications and Outreach

WATER SUPPLY SYNOPSIS

Water Supply Goal: To ensure an adequate supply of the water

resource for all existing and future reasonable uses, while protecting and maintaining water resources and related natural systems.

The growing importance of meeting Florida's water supply needs is well reflected in the District's 2000 Plan. By the date of Plan publication, the District had: identified its critical areas of concern (establishing Water Use – or Resource – Caution Area(s), over about two-thirds of the District); completed its "Districtwide Water Supply Assessment" (evaluating projected demands, making water use projections to the year 2020 and comparing these demands to the availability of water sources for the 20-year planning period); and initiated development of its Regional Water Supply Plan (since approved by the Governing Board in 2001). The Water Supply section is made up of two aspects: Needs and Sources; and Source Protection. Needs and Sources encompasses issues and strategies associated with current and future water demands and the identification and development of sources to meet these demands, while Source Protection reflects efforts to protect and sustain existing and future water sources. The Plan identifies the major water supply issues and their components as:

Meeting Future Water Supply Needs The Need to Protect Water Supply Sources

o Water Resource and Supply Development o Development of Alternative Supplies o Funding Sources and Allocation o Interdistrict Coordination o Competing Applications

o Mapping and Protection of Recharge Areas o Supporting Wellhead Protection Programs o Addressing Source Contamination (Artesian

Wells) o Surface Water Supply Source Protection


The District's water supply responsibilities have expanded significantly since the 1972 passage of the Water Resources Act, and initiation of a Water Use Permitting Program. The Plan describes various programs designed to assess the availability of ground and surface waters, and meet current and future demands for these resources. These programs must ensure reasonable and beneficial water uses that are in the public interest, and that protect existing legal users as well as water resources and the environment. It is also recognized that other agencies share responsibility for managing water supplies, and the District's initiatives are conducted in concert with others. A total of 22 water supply policies provide ongoing guidance to existing programs and 19 specific tasks aimed at implementing strategies associated with water supply issues. In summary, the District's efforts are characterized by sound planning, and ongoing financial and technical partnerships for source development, with an emphasis on alternatives to traditional groundwater supplies that have reached or exceeded sustainable limits in some areas. The prime example in 1999 was the innovative "Tampa Bay Partnership Agreement," while the remaining challenge was assuring water supplies and source protection in the Southern Water Use Caution Area.

FLOOD PROTECTION SYNOPSIS

Flood Protection Goal: Minimize the potential for damage from floods by protecting and restoring the natural water storage and

conveyance functions of flood prone areas, giving preference whereve possible to non-structural surface water management methods.

r

The 2000 Plan Flood Protection section opens with a reminder that the District was established as a flood control agency in 1961. As our scientific knowledge improved and public environmental awareness increased, the structural approach to flood control evolved to a preference for a non-structural or preventive approach. Our flood protection goal reflects this through an intent to minimize flooding by protecting the natural functions of flood storage and conveyance. The 2000 Plan was prepared shortly after the El Niño climatic event in 1997-98, which, after 25 years of below average rainfall, served to revitalize interest in flood protection at the District, including the following issues:

Preventing New Flooding Problems Remediating Existing Flood Problems

o Coordinate Strategies/Role Clarification: Local Governments, the State of Florida and the Federal Government

o Floodplain Mapping and Information Sharing

o Long-Term Maintenance of Facilities o Determining the Adequacy of Surface

Water Regulations

o Setting Priorities for Remedial Actions o Planning and Budgeting for District Facility

Capital Improvements o Dam Safety

Strategies to address the first issue focus on prevention as rapid growth and development continue in many areas of the District. Non-structural approaches are favored, including better floodplain maps; clear delineation of the roles of local, regional, state and federal governments, and ensuring coordination among them; ensuring the adequacy of District surface water


regulations; providing outreach and technical assistance to local governments and drainage districts; strategic land acquisition; and emergency preparedness. The second issue was addressed through strategies to cooperatively fund priority flood control projects; repair and maintain District facilities; work with DEP to implement a dam inspection program; use District lands for flood storage where feasible; establish flood response teams; and collect data and document flood events after they occur. Strategies are embodied in the two program areas of the chapter, Facilities Programs, which includes the Flood Protection Coordination Initiative introduced in the 2000 Plan and Flood-Prone Areas Programs, which includes the Comprehensive Watershed Management Initiative. District flood protection policies are also organized around the two program areas. Facilities policies include ensuring the District's structural and non-structural components are operated and maintained to maximize environmental benefits and minimize adverse impacts on water supply and water quality, and formulating future flood solutions and maintenance of existing facilities as part of a comprehensive approach to watershed management. Two policies emphasize providing technical assistance, data and information to local, regional, state and federal officials before, during and after floods, as well as assisting drainage authorities in improving their effectiveness. Flood-prone area policies include using a comprehensive, watershed-based approach to surface water management; promoting non-structural techniques and solutions as the primary approach to flood control; discouraging growth in flood-prone areas; and several policies that seek to protect the hydrologic and ecologic functions of flood-prone areas and surface waters, including coordinating with other agencies to develop programs to protect the natural storage, conveyance, recharge, water quality and habitat functions of flood-prone areas.

WATER QUALITY SYNOPSIS

Water Quality Goal: Protect water quality by preventing further degradation of the water resource and enhancing water quality

where appropriate The essence of the chapter revolves around: interconnectivity between all water bodies, including surface and groundwater; and recognizing that water quality protection and impacts are highly related to all the District's responsibilities. There is the additional complication that the District’s role in water quality is shared by numerous entities, and can sometimes be ambiguous. The Resource Assessment shows that population growth has a significant impact on efforts of the District and others to protect and improve water quality. It outlines the District’s history of involvement in this area, details the existing programs applicable to water quality and highlights the effectiveness of the Surface Water Improvement and Management (SWIM) program in correcting some past problems. Problematic conditions noted in the section include increasingly elevated nitrates in springs, and concern over saltwater intrusion both in coastal areas and from upwelling of partially saline waters in inland areas. In addition, there is a considerable amount of development in the District that occurred prior to the current regulatory requirements for stormwater management systems. This has created a continuing source of non-point source pollution to water bodies. The Issues Assessment identifies the major water quality issues facing the District as:


Restoring Degraded Water Quality Preventing Degradation of Existing Water

Quality

o Supporting Total Maximum Daily Loads (TMDL) development

o Addressing nitrate contamination

o Protecting natural system needs o Lessening the impacts from land use

changes o Addressing and acknowledging the

interconnectivity between surface and ground water

Fifteen water quality policies are evenly divided between those addressing the interconnection between ground and surface water: those which solely address surface water and those which address groundwater issues. Many of the implementation strategies are either ongoing or have been accomplished, though some have not yet been completed and would still be timely today (e.g., development of a comprehensive groundwater contamination database). Finally, the section contains surface water and groundwater performance measures that are reported to DEP annually.

NATURAL SYSTEMS SYNOPSIS

Natural Systems Goal: Preserve, protect and restore natural systems in

order to support their natural hydrologic and ecologic functions. This chapter is based on the District's role in protecting and maintaining the long-term viability of water and related natural resources. Others, including federal, state, regional, and local agencies, are also involved in natural systems protection throughout southwest Florida, providing the District with opportunities to achieve more effective natural systems protection. The Resource Assessment identifies current District programs that address natural systems, including land acquisition and management, regulatory/permitting programs, the SWIM program, aquatic plant management, the Comprehensive Watershed Management initiative, Minimum Flows and Levels (MFLs) and local government coordination. The primary natural systems issue and its subcomponenets is:

Protecting Water Resources as Components of Integrated Ecosystems

o Establishment and Implementation of MFLs o Land Acquisition and Management o Coordinate Strategy to Address Land Use Impacts o Upper Myakka River Watershed Tree Mortality o Development and Implementation of Invasive Exotic Plant Control Strategies o Withlacoochee Watershed Strategy

Twenty-one Ecosystems policies and six Minimum Flows and Levels policies provide long-range guidance for natural systems protection throughout the District. Finally, there are performance measures noted that are regularly reported to the Department of Environmental Protection.


MANAGEMENT SERVICES SYNOPSIS

Management Services Goal: Ensure Management Services seek

continuous improvement while effectively and efficiently providing the resources and assistance necessary to achieve the District's mission to

manage and protect water and related esources. r The intent of the Management Services chapter, essentially the District's "fifth" area of responsibility, is to provide an overview and performance assessment of the District's administrative and support functions. Such functions are critical to implementation of the District's various resource management programs and initiatives. Key objectives for this section are evaluation of existing management services functions and development of recommended changes to enhance support for effective and efficient resource management service delivery. The Department Descriptions section highlights those District departments responsible for management services delivery, including their respective responsibilities, goals and related plans. The balance of the chapter includes: Management Services Assessment, Management Services Guidelines, and Implementation Strategies. The Management Services Assessment identifies issues within five categories:

Communication and Accountability Enhance External/Internal Communication and Coordination Accountability: Are We Efficient and Effective? Improve Comprehensive Planning Multi-Disciplinary Approach Enhance Legislative Monitoring/Awareness

Technology Assure Adequate Tools – Hardware and Software Improved Access Specific Data Collection Needs

Staff Service Delivery Refine Training Approach/Strategy

Finances Facilities

Management Services Guidelines contains policy statements that provide long-range guidance to the operations of the respective Departments. These statements represent the position or strategy the District will apply in response to specific issues related to the District's service delivery. Implementation Strategies includes 24 specific tasks based on the analysis derived from the Management Services assessment. Many of the implementation strategies are either ongoing or have been accomplished, such as the development of performance measures and the provision of internal Geographical Information System data/maps through web-based applications. However, several of these strategies have not yet been implemented and would still be timely today.


THE INTEGRATED PLAN The purpose of the Integrated Plan was to enhance the overall linkage of land and water management responsibilities through the creation of county-by-county water management plans. Each county plan was to serve as a technical information resource that could be used to enhance local government comprehensive plans by linking local water resource planning to the best available data and other resources of the District. For counties split by water management district boundaries, a "lead" district was assigned by mutual agreement among the districts to develop each county's integrated plan.

WATERSHED MANAGEMENT This chapter brings together all the water resource-related elements in a place-based focus, integrating issues and strategies from the four major areas of responsibility on a watershed basis. This is being accomplished at the District through the Comprehensive Watershed Management (CWM) initiative, an ongoing effort for the eleven major watersheds in the District. As CWM plans were completed, it was anticipated they would become part of the overall Plan by reference.

IMPLEMENTATION COORDINATION Water management, particularly at the regional level, requires a close partnership between all levels of government (as well as public and private entities) to assure that activities are conducted in a manner consistent with the long-term protection needs of Florida's water resources. This chapter covers current efforts that relate to implementation coordination and the District's strategy for enhancing such efforts.

PROCEDURES FOR PLAN DEVELOPMENT This chapter documents the significant process used by the District in updating the Plan. It provides sections on public and governmental organization participation, definitions for terms commonly used in water management and information on evaluation procedures for the Plan. CONCLUSION The District Water Management Plan 2000, though not self-implementing, serves as an important tool for the District. Actions by the Governing Board and the Basin boards, as well as staff activities, can now be viewed in terms of how they relate to an overall, comprehensive picture of water resource management. This has assisted the District, and others, in assuring their actions are in the best interest of southwest Florida's water and related natural resources. If you wish to provide feedback on the District Water Management Plan 2000, or need further information on any aspect of the 2005 update to the Plan, please contact the Planning Department at (800) 423-1476, or by email at [email protected].

mailto:[email protected]

Legislative Grassroots Program February 2, 2005

The LOOP

Research: The mission of the Southwest Florida Water Management District is to manage the water and water-related resources within its boundaries. Central to the mission is maintaining the balance between the water needs of current and future users while protecting and maintaining the natural systems that provide the District with its existing and future water supply. District programs include, but are not limited to, flood control, regulatory programs, water conservation, education, and supportive data collection and analysis efforts. The District focuses on issues relating to Water Supply, Flood Protection, Water Quality Management, and Natural Systems Management.

• Water Supply - To ensure an adequate supply of the water resource for all reasonable and beneficial uses, now and in the future, while protecting and maintaining the water and water-related resources of the District.

• Flood Protection - To minimize the potential for damage from floods by protecting and restoring the natural water storage and conveyance functions of flood-prone areas. The District shall give preference whenever possible to non-structural surface water management methods.

• Water Quality Management - To protect water quality by preventing further degradation of the water resource and enhancing water quality where appropriate.

• Natural System Management - To preserve, protect and restore natural systems to support their natural hydrologic and ecologic functions.

The Community and Legislative Affairs Department supports the District’s mission through a broad range of activities including liaison activities; development, representation, and understanding of the District's legislative priorities; and public outreach programs and initiatives in coordination with local governments and community organizations. CLA works in partnership with its constituents in legislative and policy understanding. In order to build upon the District's successes in these areas, the CLA department is expanding the programs to ensure proper dissemination of information to key community organizations and interest groups, and to enhance understanding of District water resource management goals. To achieve this, CLA is instituting a new level of outreach efforts aimed at increasing District interaction with target audiences and enhancing the Districts legislative program through the use of an organized grassroots program entitled The LOOP. Program Goal: To meet the goal of effective outreach with the target audiences that will ultimately ensure continued success for District legislative programs and priorities, CLA will institute a grassroots outreach program entitled The LOOP. Target Audiences: Tampa Bay Partnership; WateReuse Association; U.S. Desalination Coalition; Council for Sustainable Florida; Florida and National Rural Water Associations; Civic organizations; Local environmental organizations; National Estuary programs; the Agricultural

Page 1 of 2

Legislative Grassroots Program (continued)

community; Federal, State, and Local elected officials; Chambers of Commerce; and other community groups. Objectives:

• Enhance funding for District priorities during the 2005-2006 calendar years; • Increase organized grassroots base and District partnerships to achieve an understanding

of District priorities; • Increase effective outreach with target audiences through various tactics at least one time

per month. Strategy: To meet these objectives, CLA intends to undertake outreach activities that will include, but not be limited to, issue-oriented education, database enhancement, and increased information flow within the District; including the Governing Board and Basin Boards. Tactics:

• On-line, web-based outreach through a database • E-newsletter (The Loop) • Personal contact • Coalition building • Lunch and Learn • Building A Bridge • Project tours • CLA membership expansion to appropriate clubs, groups, organizations • Meetings with legislators, other elected officials, and community leaders • Exhibits at appropriate conferences • Policy/Issue briefings • Recognition programs for legislators and partnering organizations • Pre- and Post-Session correcspondance to target audiences

Evaluation: CLA will evaluate the objectives quarterly. The Florida Legislature convenes on March 8, 2005 and adjourns May 6, 2005, with the fiscal year ending June 30, 2005. The federal government operates on a fiscal year ending September 30, 2005.

Page 2 of 2

Governing Board Meeting February 22-23, 2005 Board meeting to begin immediately after the Committee meetings.

Convene Meeting of the Governing Board and Public Hearing

43. Call to Order .................................................................................................................... 2 44. Pledge of Allegiance and Invocation ............................................................................... 2 45. Recognition of Ronnie E. Duncan for His Service as a Member and Chair of the Governing Board .................................................................... 2 46. Mayor's Beautification Program Award ........................................................................... 2 47. Additions/Deletions to Agenda ........................................................................................ 3 48. Agenda Review ............................................................................................................... 3

Governing Board Meeting - 2 - February 22-23, 2005 43. 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.

44. Pledge of Allegiance and Invocation

The Board Chair leads the Pledge of Allegiance to the Flag of the United States of America. An invocation is offered.

45. Recognition of Ronnie E. Duncan for His Service as a Member and Chair of the

Governing Board The Board will recognize Mr. Duncan for his service on the Board as a Member (March 1999

– December 2004) and as its Chair (May 2001 – April 2003). He will be presented with a State of Florida plaque for his service on the Board, and a gavel plaque to honor his time as Chair. He will also be presented with a framed copy of the resolution approved at last month’s meeting. Presenter: Chairman Watson L. Haynes II

46. Mayor's Beautification Program Award

On January 26, 2005, the District received an award for the Tampa Shoreline Restoration Initiative from the Mayor's Beautification Program (MBP) at the 16th Annual Mayor's Breakfast held at the Hyatt Regency Tampa. This award recognizes the District's support of one of the MBP's most significant programs--the Tampa Shoreline Restoration Initiative. The Initiative increases natural plant communities and associated wildlife habitat along more than 100,000 linear feet of shoreline. SWIM provided $20,000 for plants to support this effort. In addition, the District helped support the development of an educational newspaper insert distributed through the Tampa Tribune's News In Education Program. The 16-page publication "Safeguarding Tampa's Shoreline Treasures" identifies steps individuals can take to help protect the Tampa Bay estuary. It was distributed throughout Hillsborough County and was used to educate the more than 800 program volunteers. The Alafia River, Hillsborough River and Northwest Hillsborough Basin Boards contributed to the program. Staff Recommendation: This item is presented for the Board’s information, and no action is required. Presenter: David L. Moore, Executive Director

Governing Board Meeting - 3 - February 22-23, 2005 47. Additions/Deletions to Agenda

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

48. Agenda Review

For efficiency purposes, Chairman Haynes will review the Governing Board agenda with the members and will note any changes to the order of the agenda for the remainder of the meeting. Additionally, Board members are asked to identify any Regulatory and/or General Counsel consent items listed on the agenda that they would like to move from consent to discussion. Any Board member voting conflicts on consent items should also be declared at this time. Presenter: Chairman Watson L. Haynes II

Governing Board Meeting February 22-23, 2005 Special Discussion Items 49. Adoption of Minimum Flows for Middle Peace River ....................................................... 2 50. Legislative Update ........................................................................................................... 3

Special Discussion Items Summary - 2 - February 22-23, 2005 49. Adoption of Minimum Flows for Middle Peace River

Recommended minimum flows for the Middle Peace River and the methodologies used to develop these flow recommendations will be presented to the Governing Board at its February 2005 meeting. The technical report has been reviewed internally and is being finalized for outside review and comment by interested parties and for a panel that will conduct a voluntary independent scientific peer review. Fundamental to the approach used for development of minimum flows and levels is the realization that a flow regime is necessary to protect the ecology of the river system. The initial step in this process requires an understanding of historic and current flow conditions to assess to what extent withdrawals or other anthropogenic factors have affected flows. An improved understanding of regional climatic oscillations has led the District to reevaluate its approach to the identification of baseline or benchmark periods and analysis of historic flow conditions. Climatic oscillations and development of benchmark periods for establishing minimum flows for the Peace River were examined in detail. It was concluded based on an analysis of flow records for numerous rivers in Florida in addition to the Peace River that there are at least two benchmark periods of flow, resulting from naturally occurring climatic oscillations. It was further concluded that flow declines in the Middle Peace that have been ascribed to human causes by some investigators are largely a function of climatic variation. For development of MFLs for the Middle Peace River, the District has explicitly identified seasonal low, medium and high flow periods. Short-term minimum flow compliance standards were developed for each of these periods using a "building block" approach. Prescribed flow reductions are based on limiting potential changes in aquatic and wetland habitat availability that may be associated with seasonal changes in flow. A Low Flow Threshold (LFT) for the river based on fish passage depth and wetted perimeter inflection points is recommended. The wetted perimeter inflection point is essentially the flow that provides maximum amount of stream bottom coverage with the least amount of water. This LFT was determined to be 67 cubic feet per second (cfs) as measured at the Peace River at Arcadia gage (a minimum low flow of 45 cfs has already been proposed for the Zolfo Springs gage as part of the evaluation of MFLs on the Upper Peace River). The LFT is defined to be a flow that serves to limit withdrawals, with no withdrawals permitted unless the LFT is exceeded. A Prescribed Flow Reduction for the low flow period (which runs from April 20 through June 25) was based on review of limiting factors developed using the Physical Habitat Simulation Model (PHABSIM) to model potential changes in habitat availability for several fish species and macroinvertebrate diversity. A Flow Prescription is achieved by developing specific minimum flow recommendations for each seasonal (low, medium, and high) flow period. It was determined using PHABSIM that the most restrictive limiting factors were adult spotted sunfish and largemouth bass fry for the Arcadia gage and Zolfo Springs gage, respectively. Simulated reductions in historic flows greater than 10% resulted in more than a 15% loss of available habitat. Using this limiting factor, the prescribed flow reduction during the low flow period was defined as 10% reductions in flow as long as the reduction did not violate the respective low flow thresholds of 67 cfs and 45 cfs at Arcadia and Zolfo Springs. For the high flow season of the year (which runs from June 26 to October 26), a Prescribed Flow Reduction was based on review of limiting factors developed using the HEC-RAS floodplain model and Recent and Long-term Positional Hydrographs (RALPH) plots to evaluate percent of flow reductions associated with changes in the number of days of inundation of floodplain features. It was determined that a greater than 8% reduction in

Special Discussion Items Summary - 3 - February 22-23, 2005

historic flows resulted in a decrease of 15% or more in the number of days that flows would inundate floodplain features at both the Arcadia and the Zolfo Springs gages. Using this limiting factor, the prescribed flow reduction during the high flow period was defined as 8% reductions in flow as long as the reduction did not violate the respective low flow thresholds of 67 cfs and 45 cfs at Arcadia and Zolfo Springs. For the medium flow period (which runs from October 27 of one year to April 19 of the next), PHABSIM analyses were used to model potential changes in habitat availability for several fish species and macroinvertebrate diversity. In addition, inundation of instream woody habitats was evaluated using the HEC-RAS model and RALPH plots. Using the more conservative of the two resulting flows, it was determined that PHABSIM would define the percent of flow reduction. It was determined that more than 15% of historically available habitat would be unavailable for specific species life-stages if flows were reduced by more than 18% at Arcadia or more than 10% at Zolfo Springs during the medium flow period. Again using this limiting factor, the prescribed flow reduction during the medium flow period was defined as 18% and 10% reductions in flow as long as the reduction did not violate the respective low flow thresholds of 67 cfs and 45 cfs at Arcadia and Zolfo Springs. The proposed MFL recommendations for the Middle River yielded a Low Flow Threshold of 67 cfs at Arcadia and 45 cfs at Zolfo Springs, which are not to be impacted by withdrawals. Without impacting the LFTs, allowable percent reductions in flow which would not cause significant harm were determined to be 10% during the low flow period, 8% at each gage during the high flow period, and 18% and 10% at Arcadia and Zolfo Springs, respectively, during the medium flow period. Using this flow prescription, the historic flow records were adjusted and summary statistics generated. The summary statistics (5 and 10 year means and medians) are proposed as long-term compliance standards. The next step in the minimum flow process is voluntary peer review by an independent scientific review panel. The panel will conduct their review and report to the Governing Board at a future meeting regarding the findings of the District's minimum flows assessment. Staff Recommendation: This item is presented for the Board's information, and no action is required. Presenter: Martin Kelly, Ph.D., Manager, Ecologic Evaluation Section

Resource Conservation & Development Department 50. Legislative Update

State Legislative Status Report Legislative work for 2204/2005 is well underway. Committee meetings in Tallahassee have begun in earnest and several issues of importance to the district are already being discussed. Community and Legislative Affairs (CLA) staff will provide an update regarding the District's legislative activities. Potential items to be discussed include an overview of issues related to the state budget and possible legislation regarding the movement of Highlands County to the South Florida Water Management District, the consolidation of the Lakes Region Lakes Management District and the Peace Creek Canal Drainage District, Water Use Reservations, the state appropriations

Special Discussion Items Summary - 4 - February 22-23, 2005

process for water projects, growth management, springs protection, agricultural reuse, and rural land protection issues. Additionally, staff will provide an update on the current activities associated with the District's 2004/2005 legislative plan. This will include a discussion of legislative briefings, project tours, and an update regarding community partnerships in support of the District's legislative plan. Federal Legislative Status Report The Desalination Energy Assistance Act, the Water Resources Development Act, the Investing in America's Water and Wastewater Infrastructure Act, and the reauthorization of the Alternative Water Sources Act will likely gain additional focus this year. In addition to these legislative initiatives, legislation addressing water supply planning, regulatory issues associated with brine disposal, and drought issues are on the horizon in 2005. These bills are yet to be reintroduced but it is expected that some may be "dropped" by early next month. Currently background work is being done to secure co-sponsorships and drafting changes are being made. Additionally, staff will provide an overview of the District's trip to Washington, D.C. CLA staff will also update the Governing Board on upcoming efforts to secure federal funding for District project priorities, coordination efforts with project partners, and the development of other efforts to support the District's federal initiative. Staff Recommendation: This item is presented for the Board’s information, and no action is required. Presenter: David Rathke, Director, Community and Legislative Affairs Department

Governing Board Meeting February 22-23, 2005 Regulatory Agenda Regulation Consent Items Surface Water Permits 51. ERP No. 43006829.002 - Neal Road South Farm – Charlotte County .......................... 2 52. ERP No. 43026556.000 - Devonshire – Charlotte County............................................. 6 53. ERP No. 43025487.002 - Race Track Road from Linebaugh Avenue to

Countryway Boulevard – Hillsborough County ..................... 11 54. ERP No. 43026476.001 - Highland Estates – Phase 1 – Hillsborough County ............ 16 55. ERP No. 43027083.000 - Sassa Trail Subdivision – Hillsborough County ................... 21 56. ERP No. 43026827.000 - Serengeti – Pasco County ................................................... 25 57. ERP No. 43018980.001 - FDOT – CR 296 Connector, Stage 2, Segment 2 –

Pinellas County .................................................................... 30 58. ERP No. 49021375.013 - The Villages at Bridgewater Phase 1 – 409 Single- Family Units – Polk County .................................................. 34 59. ERP No. 43026944.000 - Enclave at Imperial Lakes – Polk County ............................. 38 60. ERP No. 43027157.000 - Towne Parc Estates Phase One – Polk County ................... 43 61. ERP No. 43025006.005 - Cypress Falls – Sarasota County ........................................ 48 62. ERP No. 49025110.002 - Stoneybrook at Venice – Sarasota County .......................... 53 63. ERP No. 43027461.000 - Sumter Crossing Shopping Center – Sarasota County......... 58 64. Interagency Agreement Between SWFWMD and SFWMD for Designation of Regulatory Responsibility for a Portion of the Tanglewood Subdivision Project – Polk County ....................................................................................................... 62 65. Interagency Agreement Between SWFWMD and SFWMD for Designation of Regulatory Responsibility for a Portion of the Blackwater Crossings Subdivision Project – Polk County .................................................................................. 63 Water Use Permits 66. WUP No. 20004461.006 - W F I N- - City of Wauchula – Hardee County .............. 64 67. WUP No. 20004680.006 - W F I N- - Ben Hill Griffin Inc. – Highlands County ....... 68 68. WUP No. 20005639.005 - W F I U N- - Latt Maxcy Corporation – Highlands County .......................................................... 72 69. WUP No. 20012239.002 - F S N- - Villages Water Conservation Authority – Sumter County .............................................. 76


W F I S U

= = = = =


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R R+ R-

= = =


2

CONSENT ITEMS

DISCUSSION PAPER 51. ENVIRONMENTAL RESOURCE APPLICATION NO. 43006829.002

Neal Road South Farm

SUMMARY • Project Type:

This permit authorizes the construction of a surface water management system designed to serve a 289.90 acre agricultural and mining project known as Neal Road South Farm. The project includes 122.40 acres of row crops, 37.00 acres of roads, ditches and preserved wetlands and the excavation of two detention ponds totaling 130.50 acres.

• Location:

The project area is located on the east side of SR 74 and south of Neal Road, in eastern Charlotte County.

• Surface Water Management System:

Engineering Quantity/Quality One isolated wetland and a man-made wet detention pond will provide water quality treatment and peak discharge attenuation for the project. 100-Year Floodplain The project proposes no encroachment into the FEMA 100-year floodplain. Environmental There are eight wetlands totaling 91.80 acres, occurring within the project area. No wetland dredging or filling impacts will occur.

• Meets Rule Requirements. Staff recommends approval.

3

Environmental Resource Permit Summary Default Date: February 22, 2005

4

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION

PERMIT NO. 43006829.002

Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: Neal Road South Farm GRANTED TO: Williams Farms Partnership

43510 Neal Road Punta Gorda, FL 33982

ABSTRACT: This permit authorizes the construction of a surface water management system designed to serve a 289.90-acre agricultural and mining project known as Neal Road South Farm. The project area is located on the east side of SR 74 and south of Neal Road, in eastern Charlotte County. Information regarding the surface water management system, 100-year floodplain and wetlands is contained in the tables below. OP. & MAINT. ENTITY: Williams Farms Partnership COUNTY: Charlotte SEC/TWP/RGE: 19,20/40S/26E TOTAL ACRES OWNED OR UNDER CONTROL: 1,760.00 PROJECT SIZE: 289.90 Acres LAND USE: Agricultural DATE APPLICATION FILED: June 28, 2004 AMENDED DATE: N/A

Permit No.: 43006829.002 Project Name: Neal Road South Farm

5

I. Water Quantity/Quality

POND NO.

AREA ACRES @ TOP OF BANK

TREATMENT TYPE

1 126.00 Isolated Wetlands Treatment 2 4.50 Man-made Wet Detention

TOTAL 130. 50

A mixing zone is not required. A variance is not required.

II. 100-Year Floodplain

Comments: No FEMA floodplains are located within the project area. III. Environmental Considerations

Wetland Information: WETLAND NO. TOTAL

AC. NOT

IMPACTED AC.

TEMPORARILY DISTURBED

AC.

PERMANENTLY DESTROYED

AC.

WL-1 0.50 0.50 0.00 0.00 WL-2 6.40 6.40 0.00 0.00 WL-3 1.20 1.20 0.00 0.00 WL-4 3.00 3.00 0.00 0.00 WL-5 1.40 1.40 0.00 0.00 WL-6 4.60 4.60 0.00 0.00 WL-7 16.50 16.50 0.00 0.00 WL-8 58.20 58.20 0.00 0.00

TOTAL 91.80 91.80 0.00 0.00 Comments: There are eight wetlands totaling 91.80 acres occurring within the project

boundaries. All of these eight wetlands are proposed to have no impacts. Watershed Name: Peace River

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

6

CONSENT ITEMS


Devonshire


This permit is for the construction of a new surface water management system to serve a 125.77-acre single-family residential subdivision known as Devonshire.

• Location: The project area is located in the northeast quadrant of the intersection of Kings Highway (County Road 779) and Harbour View Road (County Road 776) in Port Charlotte, Charlotte County.

• Surface Water Management System: Engineering Quantity/Quality Four (4) interconnected wet detention ponds will provide peak discharge attenuation and water quality treatment. 100–Year Floodplain The site does not lie within a freshwater 100-year floodplain as defined by the Federal Emergency Management Agency (FEMA). Environmental This site was formerly agricultural and was used as a citrus grove and pasture for cattle grazing. As a result, the existing wetlands on this site have been previously impacted due to historic drainage alterations. There are three wetlands totaling 4.97 acres occurring within the project boundary. There are also two upland cut existing borrow pits totaling 8.49 acres and one upland cut ditch totaling 0.26 acre occurring within the project area. Wetland WL1 will have a total permanent impact of 0.20 acre. The two upland cut borrow pit will have a total impact of 3.19 acres, and the upland cut ditch will have a total impact of 0.26 acre. Wetland mitigation for the 0.20 acre Wetland WL1 permanent impact will be conservation easement (North and South Conservation Easement) totaling 8.89 acres of upland preserve and 4.77 acre of wetland preserve. Also, enhancement by the removal of exotic and nuisance species within Wetland WL1, WL2, and WL3 will occur.


7

Environmental Resource Permit Summary Default Date: March 14, 2005

8


PERMIT NO. 43026556.000

Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: Devonshire GRANTED TO: Southwest Florida Land 6, LLC

6150 Diamond Center Court, Building 1300 Fort Myers, FL 33912

ABSTRACT: This permit is for the construction of a new surface water management system to serve a 125.77-acre single-family residential subdivision known as Devonshire. The project area is located in the northeast quadrant of the intersection of Kings Highway (CR 779) and Harbour View Road (CR 776) in Port Charlotte, Charlotte County. Information regarding the surface water management system and wetlands is contained in the tables below. OP. & MAINT. ENTITY: Devonshire Homeowners' Association, Inc. COUNTY: Charlotte SEC/TWP/RGE: 19,30/40S/23E TOTAL ACRES OWNED OR UNDER CONTROL: 125.77 PROJECT SIZE: 125.77 Acres LAND USE: Residential DATE APPLICATION FILED: January 30, 2004 AMENDED DATE: September 29, 2004

Permit No.: 43026556.000 Project Name: Devonshire

9


POND NO.


TREATMENT TYPE

Lake 1 5.35 Wet Detention Lakes 2,3 and 4 8.72 Wet Detention

TOTAL 14.07 Comments: Lake Nos. 2, 3 and 4 are equalized. The outfall control structure is located in Lake No. 4.


II. Comments: No FEMA floodplains are located within the project area. III. Environmental Considerations

Wetland Information:

WETLAND NO.

TOTAL

AC.

NOT IMPACTED

AC.


AC.


AC.

WL1 4.40 4.20 0.00 0.20 WL2 0.51 0.51 0.00 0.00 WL3 0.06 0.06 0.00 0.00

TOTAL 4.97 4.77 0.00 0.20 Comments: Permanent Impacts will result from the filling of 0.20 acre of degraded freshwater

marsh. There are three upland-cut features occurring within the project area totaling 8.75 acres. Two of these upland-cut features are existing borrow pits (SW1, 2.44 acres, and SW3, 6.05 acres) and an upland-cut ditch (SW2, 0.26 acre). Impacts to SW1, 0.84 acre, and SW3, 2.35 acres will be for the reshaping of the borrow pits for the wet detention ponds. The upland-cut ditch (SW2, 0.26 acre) will be a permanent fill impact.

Mitigation Information:

AREA NO.

CREATED/ RESTORED

AC.

UPLAND PRESERVED

AC.

ENHANCED WETLAND

AC.

WETLANDS PRESERVED

AC.

MISC. MITI.

AC.

North CE 0.00 1.14 0.00 4.20 0.00 South CE 0.00 7.75 0.00 0.57 0.00

TOTAL 0.00 8.89 0.00 4.77 0.00 NET CHANGE -0.20 OTHER MITIGATION TOTAL 13.65

Comments: Wetland mitigation for the 0.20 acre Wetland WL1 permanent impact will be

conservation easements totaling 8.89 acres of upland preserve and 4.77 acres of wetland preserve. Also, the property owner will provide the removal of exotic and nuisance species within Wetlands WL1, WL2, and WL3, located within the north and south conservation easement wetland preservation areas. Mitigation is not required for impacts to the upland-cut features pursuant to Subsection 3.2.2.2 of the Basis of Review (B.O.R.).

Permit No.: 43026556.000 Project Name: Devonshire

10

Watershed Name: Peace River

A regulatory conservation easement is required. A proprietary conservation easement is not required.

11

CONSENT ITEMS


Hillsborough County – Race Track Road from Linebaugh Avenue to Countryway Boulevard


Individual Construction Permit for the widening and partial re-alignment of a 1.35-mile section of Race Track Road. The existing two-lane rural roadway will be widened to an urban four-lane divided section with curb and gutter.

• Location: The project is located in northwest Hillsborough County, Sections 7 and 8, Township 28 South, Range 17 East spanning between Countryway Boulevard to the north and Linebaugh Avenue to the south.

• Surface Water Management System: Engineering Water quality treatment and attenuation for the proposed roadway improvements will be provided via wet detention in a proposed stormwater treatment facility adjacent to the roadway. Calculations were provided that show approximately 0.40 acre-feet of fill below the 100-year floodplain will be compensated by approximately 0.52 acre-feet of excavation. Environmental The proposed project contains approximately 2.30 acres of wetland systems, as well as 0.79 acre of surface water ditches, which will be permanently impacted. Mitigation for the wetland impacts will be provided through a combination of using the remaining forested mitigation credits available in the Northwest Hillsborough Mitigation Bank, and by the creation of a new wetland mitigation area.


12

Environmental Resource Permit Summary Default Date: April 3, 2005

13


PERMIT NO. 43025487.002

Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: Hillsborough County – Race Track Road from Linebaugh Avenue to

Countryway Boulevard GRANTED TO: Hillsborough County Department of Public Works

601 East Kennedy Boulevard Tampa, FL 33602

ABSTRACT: This roadway improvement project developed by Hillsborough County involves the widening of 1.35 miles of Race Track Road. The existing two-lane rural roadway will be widened to an urban four-lane divided section with curb and gutter. Water quantity calculations were provided that demonstrate no adverse off-site impacts. Water quality calculations show that the required treatment volume is provided via wet detention. Approximately 2.30 acres of permanent wetland impacts and 0.79 acre of permanent surface water impacts are proposed. Mitigation will be provided by a combination of wetland creation and use of remaining credit in the Hillsborough County Northwest Mitigation Bank, Permit No. 40003592.011. OP. & MAINT. ENTITY: Hillsborough County Department of Public Works COUNTY: Hillsborough SEC/TWP/RGE: 7, 8/28S/17E TOTAL ACRES OWNED OR UNDER CONTROL: 29.67 PROJECT SIZE: 29.67 Acres LAND USE: Road Project DATE APPLICATION FILED: June 28, 2004 AMENDED DATE: N/A

Permit No.: 43025487.002 Project Name: Hillsborough County – Race Track Road from Linebaugh Avenue to Countryway Boulevard

14


POND NO.


TREATMENT TYPE

5 3.97 Wet Detention TOTAL 3.97

Comments: Water quantity calculations demonstrate that total post-development peak discharge

rates will be less than existing conditions. Drainage calculations show that a proposed wet detention pond is sized to provide water quality treatment and attenuation for the project drainage area. Water quality calculations verify that the required treatment volume is provided, with proposed bleed-down orifices sized to draw down the water quality volumes in greater than

120 hours.



Encroachment (Acre-Feet of fill)

Compensation (Acre-Feet of excavation)

Compensation Type

Encroachment Result (feet)

0.40 0.52 EE N/A

EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review.

Comments: Proposed fill impacts below the 100-year floodplain will be offset by equivalent excavation. Calculations were provided that show approximately 0.40 acre-feet of fill will be compensated by approximately 0.52 acre-feet of excavation.

III. Environmental Considerations


WETLAND NO.

TOTAL

AC.

NOT IMPACTED

AC.


AC.


AC.

WL-S2E 0.70 0.00 0.01 0.69 WL-S4E 0.16 0.00 0.00 0.16 WL-S5E 0.24 0.00 0.00 0.24 WL-S8E 0.16 0.00 0.00 0.16 WL-S9E 0.11 0.00 0.00 0.11 WL-S10E 0.18 0.00 0.00 0.18 WL-S11W 0.75 0.00 0.00 0.75

TOTAL 2.30 0.00 0.01 2.29 Comments: The Race Track Road widening from Linebaugh to Countryway Blvd. Project

contains approximately 2.30 acres of emergent, shrub, and forested portions of wetland systems, as well as 0.79 acre of surface water ditches, which will be permanently impacted. Mitigation for the wetland impacts will be provided through a combination of using the remaining 1.03-acre forested mitigation credits available in the Northwest Hillsborough Mitigation Bank, and by the creation of a new wetland mitigation area.

Permit No.: 43025487.002 Project Name: Hillsborough County – Race Track Road from Linebaugh Avenue to Countryway Boulevard

15


AREA NO.

CREATED/ RESTORED

AC.

UPLAND PRESERVED

AC.

ENHANCED WETLAND

AC.

WETLANDS PRESERVED

AC.

MISC. MITI.

AC.

NW Hills. Mitigation Bank

1.03 0.00 0.00 0.00 0.00

Race Track Rd Mitigation Area

3.96 0.00 0.63 0.00 0.00

TOTAL 4.99 0.00 0.63 0.00 0.00 NET CHANGE +2.70 OTHER MITIGATION TOTAL 0.63

Watershed Name: Tampa Bay Drainage



16

CONSENT ITEMS


Highland Estates - Phase 1


Individual Construction Permit for the construction of Phase 1, a 282.84 acre, 627-lot, single-family residential project and the associated stormwater management facilities.

• Location:

The project is located in Sections 20, 28 and 29, Township 31 South, Range 20 East, on the east side of U.S. Highway 301 in between Balm Boyette Road and Sumner Road.


Engineering Water quality treatment and quantity attenuation for Phase 1 are provided in eleven proposed and one existing on-site stormwater ponds. Potable water service and wastewater service are being provided by Hillsborough County. Environmental Phase 1 of the project contains six historically disturbed wetlands. Some of the wetlands are now remnants of historically filled hydric soils that remain as wetland ditches. Most of the wetlands are also interconnected by upland cut ditches. This permit authorizes permanent impacts by filling most of the wetland ditches and two isolated wetlands that currently lack significant ecological values and functions for wildlife habitat. Box culverts and an upland corridor on the north side of the property have been provided to facilitate the movement of wildlife. This project was received prior to the implementation of Chapter 62-345, F.A.C., and did not utilize the UMAM methodology. Mitigation for wetland impacts will consist of wetland creation, wetland preservation and enhancement, and the preservation and enhancement of uplands and wetland buffers in two large on-site tracts.


17


18


PERMIT NO. 43026476.001

Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: Highland Estates - Phase 1 GRANTED TO: Russell Shabla, LLC

700 Overlook Drive Winter Haven, FL 33884

ABSTRACT: This permit authorizes the construction of Phase 1 of a 282.84-acre, 627-lot, single-family residential project and the associated stormwater management facilities. Runoff from the project area is conveyed to a series of proposed stormwater ponds via culverts. Water quality treatment is provided in the ponds through wet detention. The ponds have been designed to limit the peak post-development 25-year, 24-hour discharge rate to the peak pre-development 2.33-year, 24-hour discharge rate. The site is located on the east side of U.S. Highway 301 in between Balm Boyette Road and Sumner Road, in Hillsborough County, Florida. An Incidental Site Activities (ISA) Permit was issued for the project authorizing limited earthwork, installation of erosion and sediment control measures and limited clearing and excavation in upland areas of the project area. OP. & MAINT. ENTITY: Highland Community Development District COUNTY: Hillsborough SEC/TWP/RGE: 20, 28, 29/31S/20E TOTAL ACRES OWNED OR UNDER CONTROL: 485.50 PROJECT SIZE: 282.84 Acres LAND USE: Residential DATE APPLICATION FILED: January 13, 2004 AMENDED DATE: April 2, 2004

Permit No.: 43026476.001 Project Name: Highland Estates – Phase 1

19


POND NO.


TREATMENT TYPE

1 6.81 N/A CM 2.90 Wet Detention 6 4.42 Wet Detention 7 4.89 N/A 8 6.40 Wet Detention

12 8.16 Wet Detention 13 6.59 Wet Detention 14 2.11 Wet Detention 15 2.78 N/A 16 2.62 Wet Detention 17 5.00 Wet Detention

TOTAL 52.68



Encroachment

(Acre-Feet of fill) Compensation

(Acre-Feet of excavation) Compensation

Type Encroachment

Result (feet) 0.00 0.00 N/A N/A



AC. NOT

IMPACTED AC.


AC.


AC.

W-1 1.56 1.56 0.00 0.00 W-2 17.19 11.77 0.01 5.41 W-3 2.93 0.00 0.00 2.93 W-5 1.91 0.00 0.00 1.91 W-8 0.86 0.00 0.00 0.86 W-9 1.16 0.00 0.15 1.01

TOTAL 25.61 13.33 0.16 12.12 Comments: Phase 1 (of 2 phases) of the project contains six historically disturbed wetlands.

Some of the wetlands are now remnants of historically filled hydric soils that remain as wetland ditches. Most of the wetlands are also interconnected by upland cut ditches. This permit authorizes permanent impacts by filling most of the wetland ditches and two isolated wetlands that currently lack significant ecological values and functions for wildlife habitat. Box culverts and an upland corridor on the north side of the property have been provided to facilitate the movement of wildlife. This project was received prior to the implementation of Chapter 62-345, F.A.C., and did not utilize the UMAM methodology. The Highlands Community Development District will provide the financial responsibility for mitigation construction, maintenance and monitoring.

Permit No.: 43026476.001 Project Name: Highland Estates – Phase 1

20

Mitigation Information: AREA

NO. CREATED/ RESTORED

AC.

UPLAND PRESERVED

AC.

ENHANCED WETLAND

AC.

WETLANDS PRESERVED

AC.

MISC. MITI. AC.

M-1 3.62 0.00 0.00 0.00 0.00 M-2 0.86 0.00 0.00 0.00 0.00 M-3 1.72 0.00 0.00 0.00 0.00 W-2 0.00 0.00 8.71 0.00 0.00 W-9 0.00 0.00 7.47 0.00 0.00 UP-1 0.00 2.79 0.00 0.00 0.00 UP-2 0.00 1.33 0.00 0.00 0.00


Comments: Mitigation for wetland impacts will consist of wetland creation, wetland preservation

and enhancement, and the preservation and enhancement of uplands and wetland buffers in two large on-site tracts. The northwest tract is approximately 17 acres, and the southwest tract is approximately 16 acres. An exotic and nuisance plant eradication program will enhance approximately 16.18 acres of wetlands. Three wetland creation areas will total 6.20 acres of herbaceous and forested wetlands. There are 2.79 acres of undisturbed uplands that will be preserved, and a 1.33-acre upland restoration area included in the overall mitigation plan. There are minimum 15-foot upland buffers being preserved to offset secondary impacts to wetlands. Supplemental planting will also be conducted in two wetland buffer areas located adjacent to upland development. An approximate total of 33 acres of the enhanced wetlands, the wetland creation areas, the upland preservation and restoration areas and wetland buffers, will be placed into a Conservation Easement dedicated to the Environmental Protection Commission of Hillsborough County.

The construction of this wetland mitigation plan will be conducted during Phase 1 of the project and includes the mitigation expected to offset future proposed impacts to be conducted in Phase 2. Although not anticipated, significant deviations from the proposed future impacts may require modifications to the mitigation plan approved in Phase 1.




21

CONSENT ITEMS


Sassa Trail Subdivision


Individual Construction Permit for the construction of a 113.21-acre, 84-lot, single-family residential project and the associated stormwater management facilities.

• Location: The project is located in Section 2, Township 28 South, Range 20 East, on the northeast corner of Knights Griffin Road and Stacy Road, in Hillsborough County, Florida.


Engineering Water quality treatment and quantity attenuation are provided in seven proposed on-site stormwater ponds. Equivalent compensating storage for all floodplain impacts is provided in an on-site floodplain compensation area. Environmental Wetland 1 is a Palustrine forested system located in the north central portion of the site. No impacts are proposed. There is a small 0.05 acre wetland adjacent to the northeast portion of Wetland 1. No impacts are proposed.


22


23


PERMIT NO. 43027083.000

Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: Sassa Trail Subdivision GRANTED TO: King's Park Company

110 East Reynolds Street, Suite 700 Plant City, FL 33563-0956

ABSTRACT: This permit authorizes the construction of 113.21 acre, 84-lot, single-family residential project and the associated stormwater management facilities. Runoff from the project area is conveyed to a series of proposed stormwater ponds via culverts. Water quality treatment is provided in the ponds through effluent filtration and dry retention. The ponds have been designed to limit the peak post-development 25-year, 24-hour discharge rate to the peak pre-development 25-year, 24-hour discharge rate. A portion of the site lies below the 100-year flood elevation of the receiving wetland system. Equivalent compensating storage for all floodplain impacts is provided in an on-site floodplain compensation area. The site is located on the northeast corner of Knights Griffin Road and Stacy Road, in Hillsborough County, Florida. OP. & MAINT. ENTITY: Sassa Trail Homeowners' Association, Inc. COUNTY: Hillsborough SEC/TWP/RGE: 02/28S/20E TOTAL ACRES OWNED OR UNDER CONTROL: 113.21 PROJECT SIZE: 113.21 Acres LAND USE: Residential DATE APPLICATION FILED: May 7, 2004 AMENDED DATE: N/A

Permit No.: 43027083.000 Project Name: Sassa Trail Subdivision

24


POND NO.


TREATMENT TYPE

1A 0.71 Effluent Filtration 1B 1.46 Effluent Filtration 1C 1.02 Effluent Filtration 1D 0.93 Effluent Filtration 2 0.54 Effluent Filtration 3 0.94 On-Line Retention 4 0.29 Effluent Filtration

TOTAL 5.89



Encroachment



Type Encroachment

Result (feet) 0.12 0.12 EE N/A

EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review.



WETLAND NO.

TOTAL

AC.

NOT IMPACTED

AC.


AC.


AC.

1 6.35 6.35 0.00 0.00 TOTAL 6.35 6.35 0.00 0.00

Comments: Wetland 1 is a Palustrine Forested system located in the north central portion of the

site. No impacts are proposed. There is a small 0.05 acre wetland adjacent to the northeast portion of Wetland 1. No impacts are proposed.

Watershed Name: Hillsborough River



25

CONSENT ITEMS


Serengeti

SUMMARY • Project Type: A 170-unit residential subdivision on 284.70 acres. • Location:

The project site is located between Hayes Road and the Suncoast Parkway, approximately 0.8 miles north of State Road 52, in western Pasco County.


Engineering

Water Quality

The constructed project will include 19 stormwater ponds. Each pond will improve water quality through wet detention with biological assimilation in constructed littoral areas. Each pond includes a skimmer to ensure that oils, greases and floating pollutants are not discharged into the downgradient, receiving waters. Sedimentation basins will be constructed at each point of discharge to on-site wetlands. No adverse on-site or off-site water quality impacts are expected. Water Quantity The proposed system is designed to reduce the post-developed discharge rates from the 25-year, 24-hour and 100-year, 24-hour design rainfall events to less than the pre-development rates. In addition, the volume of water discharged in the post-development condition for the 100-year, 24-hour design rainfall event is less than in the pre-developed condition. The 19 stormwater ponds are designed to function with the existing on-site wetlands, to manage water quantity. No adverse off-site or on-site water quantity impacts are expected.

Environmental This project contains 125.75 acres of wetlands. Project construction will result in the filling of 0.62 acres of wetlands. 0.05 acres of uplands, previously preserved under ERP No. 43018328.002, will be temporarily disturbed. To mitigate for these impacts the Permittee will preserve 7.32 acres of uplands and 0.48 acres of wetlands.


26


27


PERMIT NO. 43026827.000

Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: Serengeti GRANTED TO: Serengeti, LLC

5623 US Highway 19, Suite 201 New Port Richey, FL 34652

ABSTRACT: This permit is for the construction of a new surface water management system to serve a 284.70-acre, single-family residential subdivision development, known as Serengeti. The project site is located between Hayes Road and the Suncoast Parkway, approximately 0.8 mile north of SR 52, in western Pasco County. OP. & MAINT. ENTITY: Serengeti, LLC COUNTY: Pasco SEC/TWP/RGE: 1/25S/17E; 6/25S/18E TOTAL ACRES OWNED OR UNDER CONTROL: 292.00 PROJECT SIZE: 284.70 Acres LAND USE: Residential DATE APPLICATION FILED: March 22, 2004 AMENDED DATE: N/A

Permit No.: 43026827.000 Project Name: Serengeti

28


POND NO.


TREATMENT TYPE

P10 0.90 Wet Detention P15A 0.79 Wet Detention P15B 0.31 Wet Detention P15C 0.25 Wet Detention P15D 0.79 Wet Detention P15E 0.62 Wet Detention P15F 0.60 Wet Detention P15G 1.91 Wet Detention P16 0.50 Wet Detention

P20A 0.64 Wet Detention P20B 0.41 Wet Detention P20C 0.76 Wet Detention P20D 0.34 Wet Detention P21 0.96 Wet Detention

P40A 0.18 Wet Detention P40B 0.54 Wet Detention P50 1.11 Wet Detention P45 0.42 Wet Detention P55 0.17 Wet Detention

TOTAL 12.20





Compensation Type*

Encroachment Result**(feet)

0.00 0.00 SM [ X ] Depth [ N/A ]

*Codes [ X ] for the type or method of compensation provided are as follows: SM = Storage Modeling hydrographs of pond and receiving stages indicate timing separation; MI = Minimal Impact based on modeling of existing stages vs. post-project encroachment. N/A = Not Applicable **Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims MI type of compensation.

Permit No.: 43026827.000 Project Name: Serengeti

29



WETLAND NO.

TOTAL

AC.

NOT IMPACTED

AC.


AC.


AC.

A 103.64 103.02 0.00 0.62 D 0.72 0.72 0.00 0.00 E 3.72 3.72 0.00 0.00 F 2.27 2.27 0.00 0.00 G 12.05 12.05 0.00 0.00 H 0.48 0.48 0.00 0.00 I 2.84 2.84 0.00 0.00 J 0.03 0.03 0.00 0.00

TOTAL 125.75 125.13 0.00 0.62


AREA NO.

CREATED/ RESTORED

AC.

UPLAND PRESERVED

AC.

ENHANCED WETLAND

AC.

WETLANDS PRESERVED

AC.

MISC. MITI.

AC.

Tract E 0.00 7.32 0.00 0.00 0.00 H 0.00 0.00 0.00 0.48 0.00


Comments: This project contains 125.75 acres of wetlands. Project construction will result in

the filling of 0.62 acre of non-forested wetlands primarily for road construction. Additionally, 0.05 acre of uplands preserved as wetland mitigation, within a conservation easement, under

ERP No. 43018328.002 will be temporarily disturbed to provide positive outfall for stormwater sumps. To mitigate for these impacts the Permittee will place 7.32 acres of uplands and 0.48 acre of wetlands into a conservation easement. An isolated wetland, 0.03 acre in size, will be filled; however, since under the ERP Basis of Review (Section 3.2.2.2) no significant habitat is provided by this wetland, no habitat mitigation is required.

Watershed Name: Upper Coastal Drainage

A regulatory conservation easement is required.


30

CONSENT ITEMS


FDOT - CR 296 Connector, Stage 2, Segment 2


This is an Individual permit for the construction of a new two lane ramp, Ramp P-1, the reconstruction of Ramp P, the widening of existing Bridge No. 150104, the construction of a bridge for Ramp P-1, and the widening of westbound SR 692 (CR 296).

• Location:

The project lies within Sections 12, 13, and 14, Township 30 South, Range 16 East in Pinellas County at the intersection of I-275 and Roosevelt Boulevard (SR 686).


Engineering Water quality treatment and water quantity attenuation of the 25-year, 24-hour storm event for the proposed project will be provided by an existing pond and a proposed pond. Wet detention will be the water quality treatment method. Environmental A portion of an infield wetland will be permanently impacted. Mitigation will be provided through the District's FDOT Mitigation Plan pursuant to Chapter 373.4137, F.S.


31


32


PERMIT NO. 43018980.001

Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: FDOT - CR 296 Connector, Stage 2, Segment 2 GRANTED TO: Florida Department of Transportation, District VII

11201 North McKinley Drive Tampa, FL 33612-6456

ABSTRACT: This Individual permit authorization is for the construction of the Stage 2, Segment 2 portion of the SR 692 (CR 296) project that will add an additional ramp to the existing I-275/SR 686 (Roosevelt Boulevard) Interchange. The construction of a new two-lane ramp, Ramp P-1, will connect northbound I-275 to westbound SR 692 and existing Ramp P will be reconstructed, which maneuvers traffic from northbound I-275 to westbound SR 686. The project will include widening existing Bridge No. 150104 and constructing a bridge for Ramp P-1. Westbound SR 692 will be widened from Ramp P-1 to the bridge at 28th Street North due to the ultimate lane configuration at the east end of SR 692. This design project (Stage 2, Segment 2) represents one segment of a PD&E study. The entire project involves Stage 1 through Stage 6 and will ultimately provide links between 49th Street, Roosevelt Boulevard, SR 692 (CR 296) and I-275. The project lies within Tributary 1 of the Roosevelt Creek Basin. According to a previous permit (Environmental Resource Permit No. 44018980.000) an existing pond, South Pond, provides water quality treatment and attenuation. South Pond, also known as Pond 1 and Pond 2, is located on the west side of the interchange and consists of two ponds separated by the SR 692 (CR 296) mainline. The ponds are connected via a 54" RCP equalizer pipe. Pond 2 will be expanded slightly to account for the treatment volume associated with this project as well as 5.20 acres of new directly connected impervious area from the upcoming Stage 3 project. It was demonstrated in the routing analysis that the existing South Pond will provide water quantity attenuation of the 25-year, 24-hour storm for the projects. The South Pond discharges directly to Tributary 1. The drainage design includes the use of a proposed pond, Pond 3, located along the inside of Ramps P and P-1 that will collect runoff from Ramp P and Ramp P-1. This wet detention pond will provide water quality treatment and attenuation of the 25-year, 24-hour storm. The pond will discharge to the existing ditch along the northeast side of Roosevelt Boulevard. OP. & MAINT. ENTITY: Florida Department of Transportation, District VII COUNTY: Pinellas SEC/TWP/RGE: 12, 13, 14/30S/16E

Permit No.: 43018980.001 Project Name: FDOT – CR 296 Connector, Stage 2, Segment 2

33

TOTAL ACRES OWNED OR UNDER CONTROL: 46.00 PROJECT SIZE: 46.00 Acres LAND USE: Road Project DATE APPLICATION FILED: August 20, 2004 AMENDED DATE: N/A I. Water Quantity/Quality

POND NO.


TREATMENT TYPE

Pond 3 0.46 Wet Detention TOTAL 0.46



Encroachment



Type Encroachment

Result (feet) 0.00 0.00 N/A N/A



AC. NOT

IMPACTED AC.


AC.


AC.

5 3.46 2.35 0.00 1.11 TOTAL 3.46 2.35 0.00 1.11

Comments: Wetland 5 is an infield wetland that is the transitional fringe of a scrub shrub wetland

on the north and south sides of the I-275 exit ramp to the west of Roosevelt Boulevard just after the ramp passes over I-275. The area of impact is a maintained right-of-way that is regularly mowed.

No other wetlands or surface waters occur within the project boundary except for five stormwater ponds. Pond 7 will be temporarily impacted and restored in place once construction is complete. Mitigation for the permanent impact to Wetland 5 will be provided through the District's FDOT Mitigation Plan pursuant to Chapter 373.4137, F.S.




34

CONSENT ITEMS


The Villages at Bridgewater Phase 1 - 409 Single-Family Units


A 120.00-acre phase of a residential project (409 single-family units).

• Location:

The project site is located on the west side of State Road 33, approximately one and one-half miles south of the intersection of Interstate 4 and State Road 33 in the city of Lakeland, Polk County.


Engineering

Treatment and attenuation of stormwater runoff to be accomplished via seven previously permitted detention systems (reclaimed lakes).

100-year floodplain

There will be no floodplain encroachment.

Environmental

There are 1.88 acres of wetlands within the project area. Permanent impacts are proposed to 0.76 acre of wetlands Mitigation for the wetland impacts incurred as a result of this authorization has been provided for in the previously issued Environmental Resource Permit No. 49021375.004.


35


36

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE

INDIVIDUAL CONSTRUCTION MODIFICATION PERMIT NO. 49021375.013

Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: The Villages at Bridgewater Phase 1 - 409 Single-Family Units GRANTED TO: The Dirty Five, LLC Post Office Box 76009 Tampa, FL 33675-6009

ABSTRACT: This permit authorization is for the modification of an existing surface water management system serving a 120.00-acre phase of a residential project as named above and as shown on the approved construction drawings. The project site is located on the west side of State Road 33, approximately one and one-half miles south of the intersection of Interstate 4 and State Road 33 in the city of Lakeland, Polk County. Information regarding the surface water management systems, 100-year floodplain and wetlands is contained within the tables and comments below. OP. & MAINT. ENTITY: Villages at Bridgewater Community Association, Inc. 9625 Wes Kearney Way Riverview, FL 33569 COUNTY: Polk SEC/TWP/RGE: 16,21,28/27S/24E TOTAL ACRES OWNED OR UNDER CONTROL: 632.91 PROJECT SIZE: 120.00 Acres LAND USE: Residential DATE APPLICATION FILED: October 1, 2004 AMENDED DATE: N/A

Permit No.: 49021375.013 Project Name: The Villages at Bridgewater Phase 1 – 409 Single-Family Units

37

I. Water Quantity/Quality The stormwater runoff from the activities associated with this phase of the subdivision consisting

of 409 single-family lots will be directed to the surface water management system authorized in the construction permit (ERP No. 49021375.004). The reclaimed lakes (Lake Nos. 900, 1000, 11000, 1200, 1300, 1400, and 1500) will be utilized for stormwater attenuation. Permitted Detention Lake No. 1500 will treat one inch of stormwater runoff from the contributing drainage basin areas through wet detention (isolated wetlands treatment). Pre-treatment of the stormwater runoff prior to discharging to the receiving lakes will be provided through vegetated retention swales and buffers.





Compensation Type*


0.00 0.00 NE [ X ] 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.



AC. NOT

IMPACTED AC.


AC.


AC.

W-1000 0.06 0.00 0.00 0.06 W-1100 1.71 1.12 0.00 0.59 W-1200 0.11 0.00 0.00 0.11

TOTAL 1.88 1.12 0.00 0.76

Comments: The project area contains 1.88 acres of herbaceous wetlands. The 1.12 acres of wetlands within this project area, previously authorized to be impacted, will not be impacted while 0.76 acres of wetlands not previously authorized to be impacted will now be impacted. This change results in a net gain of 0.36 acres of wetlands. This revision of the onsite wetlands modifies the previously issued permit No. 49021375.004.

Because there is a net reduction in wetland impacts no new mitigation is required. Mitigation for the permanent impacts to onsite wetlands as described in this permit is provided by the mitigation previously authorized by Environmental Resource Permit No. 49021375.004.

Watershed Name: Peace River



38

CONSENT ITEMS


Enclave at Imperial Lakes


141.97-acre phase of a residential project (290 single-family lots).

• Location: The project is located in the ImperiaLakes development, approximately one and one-quarter miles south of Shepherd Road and two miles west of State Road 37 at the end of ImperiaLakes Boulevard in Polk County.

• Surface Water Management System: Engineering Treatment and attenuation of stormwater runoff to be accomplished via eleven detention ponds and two retention ponds. 100-year floodplain There will be 0.41 acre-feet of floodplain encroachment with 0.70 acre-feet of compensation through equivalent excavation. Environmental The project area contains 23.53 acres of wetlands consisting of 4.44 acres of herbaceous wetlands and 19.09 acres of forested wetlands. There are 0.67 acre of permanent wetland impacts proposed. Mitigation for the permanent impacts to onsite wetlands is provided by the creation of a 0.70 acre forested and herbaceous wetland adjacent to an existing onsite wetland and by the preservation of 16.29 acres of forested Wetlands and 1.63 acres of associated uplands by conservation easement.


39


40


PERMIT NO. 43026944.000

Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: Enclave at Imperial Lakes GRANTED TO: Kings Partnership 3020 South Florida Avenue, Suite 101 Lakeland, FL 33803

ABSTRACT: This permit authorization is for the construction of a new surface water management system serving a 141.97-acre phase of a residential project as named above and as shown on the approved construction drawings. The project is located in the ImperiaLakes development, approximately one and one-quarter miles south of Shepherd Road and two miles west of State Road 37 at the end of ImperiaLakes Boulevard in Polk County. Information regarding the surface water management systems, 100-year floodplain and wetlands is contained within the tables and comments below. OP. & MAINT. ENTITY: Enclave at ImperiaLakes Homeowners' Association, Inc. 4110 South Florida Avenue Lakeland, FL 33813 COUNTY: Polk SEC/TWP/RGE: 34/29S/23E TOTAL ACRES OWNED OR UNDER CONTROL: 141.97 PROJECT SIZE: 141.97 Acres LAND USE: Residential DATE APPLICATION FILED: April 13, 2004 AMENDED DATE: June 14, 2004

Permit No.: 43026944.000 Project Name: Enclave at Imperial Lakes

41


POND NO.


TREATMENT TYPE

A 1.44 Wet Detention B 1.47 Wet Detention C 0.70 Wet Detention D 1.03 Wet Detention E 0.62 Wet Detention F 1.76 Wet Detention G 1.01 N/A - Attenuation Only H 1.01 Wet Detention J 0.36 N/A - Attenuation Only K 0.31 Retention L 1.22 Effluent Filtration M 2.41 Effluent Filtration N 0.09 Retention

TOTAL 13.43



Encroachment

(Acre-Feet of fill)


Compensation

Type*


0.41 0.70 EE [ X ] Depth [ N/A ]

*Codes [ X ] for the type or method of compensation provided are as follows: EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review; 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.



WETLAND NO.

TOTAL

AC.

NOT IMPACTED

AC.


AC.


AC.

W-1 4.44 4.44 0.00 0.00 W-2 16.29 16.27 0.02 0.00 W-3 0.19 0.19 0.00 0.00 W-4 2.61 1.94 0.00 0.67

TOTAL 23.53 22.84 0.02 0.67

Permit No.: 43026944.000 Project Name: Enclave at Imperial Lakes

42

Comments: The project area contains 23.53 acres of wetlands consisting of 4.44 acres of

herbaceous wetlands (W-1) and 19.09 acres of forested wetlands (W-2, 16.29 ac.; W-3, 0.19 ac.; and W-4, 2.61 ac.). There is 0.67 acre of permanent wetland impacts proposed to W-4. There is 0.02 acre of temporary impacts to W-2 due to placement of pond discharge structures.


AREA NO.

CREATED/ RESTORED

AC.

UPLAND PRESERVED

AC.

ENHANCED WETLAND

AC.

WETLANDS PRESERVED

AC.

MISC. MITI.

AC.

M-1 0.70 0.00 0.00 0.00 0.00 P-1 0.00 1.63 0.00 16.29 0.00

TOTAL 0.70 1.63 0.00 16.29 0.00 NET CHANGE +0.03 OTHER MITIGATION TOTAL 17.92

Comments: Mitigation for the permanent impacts to onsite wetlands is provided by the creation

of a 0.70 acre forested and herbaceous wetland (M-1) adjacent to Wetland W-1 and by the preservation of 16.29 acres of forested Wetland (W-2) and 1.63 acres associated uplands by conservation easement.

A functional loss of 0.67 due to wetlands and other surface waters in this project has been offset

by a functional gain of 1.03 due to the mitigation provided. The functional loss and functional gain were calculated using the Uniform Mitigation Assessment Method.

Watershed Name: Alafia River



43

CONSENT ITEMS


Towne Parc Estates Phase One


208.34-acre phase of a residential project (182 single-family lots).

• Location:

The project site is located at the southwest corner of the intersection of Medulla Road and Yates Road in the city of Lakeland, Polk County.


Engineering Treatment and attenuation of stormwater runoff to be accomplished via four detention ponds. 100-year floodplain There will be 1.14 acre-feet of floodplain encroachment with 4.96 acre-feet of compensation through equivalent excavation.

Environmental The project area includes 45.56 acres of non-forested isolated wetlands. Permanent impacts are proposed to 0.60 acre of non-forested wetlands including 0.25 acre of impacts to isolated wetlands that are less than 0.50 acre in size. Mitigation for 0.35 acre of non-forested wetland impacts that require mitigation is provided by 44.23 acres of wetland preservation and preservation of 2.94 acres of adjacent upland buffer. Mitigation for habitat loss is not required for 0.25 acre of impacts to the wetlands that are isolated and less than 0.50 acre in size.


44


45


PERMIT NO. 43027157.000

Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: Towne Parc Estates Phase One GRANTED TO: English Creek, LLC 1141 Denton Street Lakeland, FL 33803

ABSTRACT: This permit authorization is for the construction of a new surface water management system serving a 208.34-acre phase of a residential project as named above and as shown on the approved construction drawings. The project site is located at the southwest corner of the intersection of Medulla Road and Yates Road in the city of Lakeland, Polk County. Information regarding the surface water management systems, 100-year floodplain and wetlands is contained within the tables and comments below. OP. & MAINT. ENTITY: Towne Parc Estates Homeowners' Association, Inc. 4110 South Florida Avenue Lakeland, FL 33813 COUNTY: Polk SEC/TWP/RGE: 09/29S/23E TOTAL ACRES OWNED OR UNDER CONTROL: 316.60 PROJECT SIZE: 208.34 Acres LAND USE: Residential DATE APPLICATION FILED: May 20, 2004 AMENDED DATE: N/A

Permit No.: 43027157.000 Project Name: Towne Parc Estates Phase One

46


POND NO.


TREATMENT TYPE

1 22.64 Wet Detention 2 9.57 Wet Detention 3 6.36 Wet Detention 4 4.75 Wet Detention

TOTAL 43.32





Compensation Type*


1.14 4.96 EE [ X ] Depth [ N/A ]

*Codes [ X ] for the type or method of compensation provided are as follows: EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review; 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.



AC. NOT

IMPACTED AC.


AC.


AC.

C 3.48 3.48 0.00 0.00 D 2.15 2.15 0.00 0.00 E 12.27 12.20 0.00 0.07 F 0.38 0.38 0.00 0.00 G 6.55 6.40 0.00 0.15 H 0.54 0.54 0.00 0.00 I 0.53 0.53 0.00 0.00 J 0.36 0.36 0.00 0.00 K 2.33 2.33 0.00 0.00 L 16.97 16.84 0.00 0.13

TOTAL 45.56 45.21 0.00 0.35

Permit No.: 43027157.000 Project Name: Towne Parc Estates Phase One

47

Comments: The project area includes 45.56 acres of non-forested isolated wetlands (Wetlands

C, D, E, F, G, H, I, J, K, and L). Permanent impacts are proposed to 0.60 acre of non-forested wetlands (Wetlands E, F, G, I, J, K, and L) including 0.25 acre of impacts to isolated wetlands that are less than 0.50 acre in size (F and J). The 0.25-acre wetland loss in Wetlands F and J, and the less than 0.01-acre loss in Wetlands I and K are not recorded in the Wetland Information table because they were deemed insignificant.

Mitigation Information: AREA NO.

CREATED/ RESTORED

AC.

UPLAND PRESERVED

AC.

ENHANCED WETLAND

AC.

WETLANDS PRESERVED

AC.

MISC. MITI. AC.

C 0.00 0.30 0.00 3.48 0.00 D 0.00 0.31 0.00 2.15 0.00 E 0.00 0.48 0.00 12.20 0.00 F 0.00 0.26 0.00 0.29 0.00 G 0.00 0.36 0.00 6.40 0.00 H 0.00 0.40 0.00 0.54 0.00 K 0.00 0.28 0.00 2.33 0.00 L 0.00 0.55 0.00 16.84 0.00


Comments: Mitigation for 0.35 acre of non-forested wetland impacts (E, G, and L) is provided by

44.23 acres of wetland preservation and preservation of 2.94 acres of adjacent upland buffer. Mitigation for habitat loss is not required for impacts to wetlands F and J as they are isolated, less than 0.50 acre in size each, are not located in an area of critical state concern designated pursuant to Chapter 380, F.S., and have no evident use by threatened or endangered species. Mitigation for impacts to the water quality and water quantity functions of the isolated wetlands is accomplished in the surface water management system.

The functional loss of 0.33 due to the wetland impacts associated with this project is offfset by the

relative functional gain of 0.35 provided by the mitigation.

Watershed Name: Alafia River



48

CONSENT ITEMS


Cypress Falls


This permit is for the construction of a surface water management system serving a 258.70-acre residential development known as Cypress Falls.

• Location:

The project area is located on the east side of Toledo Blade Boulevard, north of the Snover Waterway in the City of North Port, in Sarasota County.


Engineering Quantity/Quality Six isolated wetlands, and 17 wet detention ponds will provide water quality treatment and peak attenuation storage for the project. 100-Year Floodplain The project is not located in a FEMA 100-year floodplain. Environmental The project area contains 117.95 acres of good quality herbaceous wetlands.

No permanent impacts are proposed to wetlands by the construction of this project.

Eleven borrow pits comprising approximately 19.00 acres of area will be excavated adjacent to the project wetlands.


49

Environmental Resource Permit Summary Default Date: April 3, 2005

50



Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: Cypress Falls GRANTED TO: Panacea Gulf Coast Investments, LLC 8210 Lakewood Ranch Boulevard Bradenton, FL 34202 Buffalo-North Port Associates, LLC 8441 Cooper Creek Boulevard University Park, FL 34201

ABSTRACT: This permit is for the construction of a surface water management system to serve a 258.70 acre residential development known as Cypress Falls. The project is located on the east side of Toledo Blade Boulevard, north of Snover Waterway in the City of North Port, in Sarasota County. An Incidental Site Activity Permit was issued for this project on January 5, 2005, authorizing limited clearing, grubbing, grading, and excavation in upland areas of the project. Information regarding the surface water management system, 100-year floodplain and wetlands are contained in the table below. OP. & MAINT. ENTITY: Cypress Falls Homeowners' Association, Inc. COUNTY: Sarasota SEC/TWP/RGE: 7,8,17,18/39S/22E TOTAL ACRES OWNED OR UNDER CONTROL: 374.9 PROJECT SIZE: 258.70 Acres LAND USE: Single-family Residential DATE APPLICATION FILED: August 11, 2004 AMENDED DATE: N/A

Permit No.: 43025006.005 Project Name: Cypress Falls

51


POND NO.


TREATMENT TYPE

B1 3.17 Wet Detention B2 4.01 Wet Detention B3 0.57 Wet Detention B5 0.55 Wet Detention B7 1.00 Wet Detention B8 1.79 Wet Detention B9 0.76 Wet Detention B10 0.14 Wet Detention C7 3.92 Wet Detention

C8/C10 3.47 Wet Detention C12 2.36 Wet Detention C13 1.71 Wet Detention C14 2.26 Wet Detention C20 1.28 Wet Detention C21 0.52 Wet Detention C22 0.33 Wet Detention C23 0.58 Wet Detention

WL35 13.30 Isolated Wetland WL36 10.30 Isolated Wetland

WL28A 12.60 Isolated Wetland WL37A 9.10 Isolated Wetland WL39A 2.32 Isolated Wetland

WL41A/B 24.00 Isolated Wetland TOTAL 96.87



Comments: There is no FEMA floodplain located within the project area. III. Environmental Considerations


AC. NOT

IMPACTED AC.


AC.


AC.

9C 1.54 1.54 0.00 0.00 20 10.58 10.58 0.00 0.00 21 2.93 2.93 0.00 0.00 22 2.06 2.06 0.00 0.00

26Q 11.99 11.99 0.00 0.00 26N 4.38 4.38 0.00 0.00

26M-S 4.44 4.44 0.00 0.00 26P 0.02 0.02 0.00 0.00

Permit No.: 43025006.005 Project Name: Cypress Falls

52


AC. NOT

IMPACTED AC.


AC.


AC.

26M-N 3.57 3.57 0.00 0.00 28B 3.79 3.79 0.00 0.00 28A 8.50 8.50 0.00 0.00 29 1.71 1.71 0.00 0.00 35 4.61 4.61 0.00 0.00 36 7.94 7.94 0.00 0.00

37A 5.74 5.73 0.00 0.01 37C 9.04 9.04 0.00 0.00 39A 18.29 18.29 0.00 0.00 41A 12.49 12.49 0.00 0.00 41B 4.33 4.33 0.00 0.00

TOTAL 117.95 117.94 0.00 0.01 Comments: The project area contains 117.95 acres of good quality herbaceous wetlands

dominated by Hypericum Marsh communities with a few scattered wet prairie systems. No permanent impacts are proposed to wetlands by the construction of this project; however,

de minimis impacts are anticipated to Wetland No. 37A due to the placement of a control structure (No. 37A) between Wetland Nos. 37A and 37C.

Mitigation Information: Comments: The impacts to Wetland No. 37A result in no net loss of function.

Watershed Name: Myakka River



53

CONSENT ITEMS


Stoneybrook at Venice


This permit modification is for the construction approval of a surface water management system, serving a 249.00 acre residential project. An Incidental Site Activities (ISA) Permit was issued on January 7, 2005. Activities authorized in the ISA include the installation of Best Management Practices (BMP), land clearing and excavation of borrow areas.

• Location:

The project area is located on Center Road immediately west of River Road in Southern Sarasota County.


Engineering Quantity and Quality Nine lakes, three wetlands and one on-line retention swale will provide water quality treatment and attenuation for the project. 100-Year Floodplain (Myakka River) 3.12 acre feet of encroachment. 3.91 acre feet of compensation. Environmental Wetlands and Other Surface Water Impacts A total of 103.39 acres of wetlands occur within the project area.

A total of 0.37 acre of permanent wetland impacts have been authorized. A total of 0.62 acres of temporary impacts are authorized.

Mitigation for permanent wetland impacts was previously approved and permitted under ERP No. 49025110.001.

Specific conditions of the permit require restoration of the temporary impact areas.


54


55



Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: Stoneybrook at Venice GRANTED TO: Rivendell Joint Venture

325 Interstate Boulevard Sarasota, FL 34240

ABSTRACT: This permit modification authorizes the construction of a surface water management system serving a 249.00 acre residential development entitled Stoneybrook at Venice. This project is located on Center Road immediately west of River Road in southern Sarasota County. An Incidental Site Activities (ISA) Permit was issued on January 7, 2005. Activities authorized in the ISA include the installation of Best Management Practices (BMP), land clearing and excavation of borrow areas. Information regarding the surface water management system, 100-year floodplain, and wetlands is contained within the tables below. OP. & MAINT. ENTITY: Stoneybrook at Venice Homeowners' Association COUNTY: Sarasota SEC/TWP/RGE: 17,18/39S/20E TOTAL ACRES OWNED OR UNDER CONTROL: 593.30 PROJECT SIZE: 249.00 Acres LAND USE: Residential DATE APPLICATION FILED: July 28, 2004 AMENDED DATE: November 9, 2004

Permit No.: 49025110.002 Project Name: Stoneybrook at Venice

56


POND NO.


TREATMENT TYPE

Lake 2 0.98 N/A Lake 3 0.69 N/A Lake 4 0.85 N/A

Lake 12 0.87 N/A Lake 13 0.89 N/A Lake 15 1.70 N/A Lake 16 0.68 N/A Lake 41 0.49 N/A

Wetland 4 14.22 Wetland Treatment Wetland 5 11.62 Wetland Treatment Wetland 6 6.71 N/A

Multi 0.43 On-line Retention TOTAL 40.13

Comments: Lake No. 14, approved in Environmental Resource Permit (ERP) No. 49025110.001

has been deleted.





Compensation Type*


NE [ ] Depth [ N/A ] EE [ ] Depth [ N/A ]

3.12 3.91 SM [ X ] Depth [ N/A ] MI [ ] Depth [ N/A ]

*Codes [ X ] for the type or method of compensation provided are as follows: NE = No Encroachment EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review; SM = Storage Modeling hydrographs of pond and receiving stages indicate timing separation; MI = Minimal Impact based on modeling of existing stages vs. post-project encroachment. N/A = Not Applicable **Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims MI type of compensation.

Permit No.: 49025110.002 Project Name: Stoneybrook at Venice

57



AC. NOT

IMPACTED AC.


AC.


AC.

WP 1 1.51 1.29 0.01 0.21 WP 2 20.33 20.23 0.10 0.00 WP 3 4.23 4.22 0.01 0.00 WP 4 8.74 8.59 0.08 0.07 WP 5 6.21 6.08 0.04 0.09 WP 6 1.69 1.68 0.01 0.00 WP 7 2.28 2.28 0.00 0.00 WP 9 16.55 16.40 0.15 0.00 WP 10 4.89 4.88 0.01 0.00 WP 11 3.09 3.08 0.01 0.00 WP 12 23.63 23.49 0.14 0.00 WP 13 4.85 4.80 0.05 0.00 WP 14 3.09 3.08 0.01 0.00 WP 16 2.30 2.30 0.00 0.00

TOTAL 103.39 102.40 0.62 0.37 Comments: A total of 0.37 acre of permanent wetland impacts have been authorized. A total of

0.62 acres of temporary impacts are authorized. Mitigation for permanent wetland impacts was previously approved and permitted under ERP No. 49025110.001.




58

CONSENT ITEMS


Sumter Crossing Shopping Center (Wal-Mart Supercenter #3387-00)


Construction of a surface water management facility to serve a 42.91 acre commercial development consisting of a Wal-Mart Supercenter, lease lot area, and three (3) future outparcels with associated roadways, parking and drainage infrastructure. An Incidental Site Activities (ISA) Permit was issued for the project on January 10, 2005, authorizing limited earthwork, installation of erosion and sediment control measures and limited clearing and excavation in upland areas of the project.

• Location:

The project area is located approximately 0.1 mile southeast of the intersection of U.S. 41 (Tamiami Trail) and Sumter Boulevard in the city of North Port, Sarasota County.


Engineering Quantity and Quality One proposed wet-detention pond provides water quality treatment and peak attenuation storage. 100-Year Floodplain The project is outside of the FEMA freshwater floodplain. Environmental Wetland and Other Surface Water Impacts A total of 3.96 acres of wetlands and 4.08 acres of upland cut drainage ditch and borrow area occur on-site. All 3.96 acres of on-site wetland will be eliminated for construction of an entrance roadway and retail lots. The 3.96 acres of permanent wetland impact require mitigation, which equates to a functional loss of 2.50. All 4.08 acres of an upland-cut drainage ditch and borrow area will also be permanently filled for site development. Mitigation of wetland impacts will be provided by the withdrawal of 2.50 credits from the Myakka Mitigation Bank. Impacts to the 4.08 acres of upland-cut drainage canal and borrow area do not require mitigation, pursuant to Section 3.2.2.2 of the B.O.R.


59


60


PERMIT NO. 43027461.000

Expiration Date: February 22, 2010 PERMIT ISSUE DATE: February 22, 2005 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: Sumter Crossing Shopping Center (Wal-Mart Supercenter #3387-00) GRANTED TO: Mr. Dennis J. Fullenkamp, Trustee

2911 N.E. Pine Island Road Cape Coral, FL 33909 Sumter Crossing, LLC 2524 South Osprey Avenue Sarasota, FL 34239

ABSTRACT: This permit authorizes the construction approval of a surface water management system to serve a 42.91 acre commercial development consisting of a Wal-Mart Supercenter. The project area is located approximately 0.1 mile southeast of the intersection of U.S. 41 (Tamiami Trail) and Sumter Boulevard in the City of North Port, Sarasota County. An Incidental Site Activities (ISA) Permit was issued for the project on January 10, 2005, 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 and wetlands is contained within the tables below. OP. & MAINT. ENTITY: Wal-Mart Stores East, L.P. COUNTY: Sarasota SEC/TWP/RGE: 33/39S/21E TOTAL ACRES OWNED OR UNDER CONTROL: 85.49 PROJECT SIZE: 42.91 Acres LAND USE: Commercial DATE APPLICATION FILED: July 23, 2004 AMENDED DATE: N/A

Permit No.: 43027461.000 Project Name: Sumter Crossing Shopping Center

61

I. Water Quantity/Quality:

POND NO.


TREATMENT TYPE

Pond 4.88 Wet Detention TOTAL 4.88

Comment: There are 4.60 acres of project area within the Florida Department of Transportation (FDOT) right-of-way that results in 0.33 acre of additional impervious area due to intersection improvements for the new commercial development. The existing treatment capacity of the roadside swales will be preserved and the existing swales will be regraded to accommodate the new improvements. Equivalent treatment for the new impervious within the FDOT right-of-way is provided in the master surface water management system. Runoff from a 0.88 acre lease lot area, designed with a maximum impervious area of 85%, will drain to the surface water management facility. Runoff from the Home Depot outparcel and two (2) future outparcels, designed for maximum impervious area of 90%, will drain to the surface water management facility. A formal permit modification shall be obtained for the future construction on the lease lot area and the three (3) outparcels.


II. 100-Year Floodplain: The project is outside of the FEMA freshwater floodplain for the Myakka River. III. Environmental Considerations:


WETLAND NO.

TOTAL

AC.

NOT IMPACTED

AC.


AC.


AC.

WL 1 3.96 0.00 0.00 3.96 TOTAL 3.96 0.00 0.00 3.96

Comments: Permanent impacts will result in the filling of a hydrologically altered herbaceous

wetland resulting in a functional wetland impact loss of 2.50. Impacts totaling 4.08 acres are also authorized for the filling of an upland-cut drainage ditch and borrow area.

Mitigation Information: Comments: Wetland impacts will be mitigated by the withdrawal of 2.50 credits from the Myakka

Mitigation Bank Environmental Resource Permit (ERP) No. 43003997.005. Mitigation for permanent impacts to upland-cut ditches and the borrow area is not required, pursuant to Section 3.2.2.2 of the Basis of Review (B.O.R.).


A regulatory conservation easement is not required. A proprietary conservation easement is not required.

62

Governing Board Meeting February 22-23, 2005

Regulatory Agenda Regulation Consent Items Surface Water Permit 64. Interagency Agreement Between SWFWMD and SFWMD for Designation of

Regulatory Responsibility for a Portion of Tanglewood Subdivision Project – Polk County

Development of a subdivision known as Tanglewood is being proposed for a parcel of property located north of Davenport within Section 36, Township 25 South, Range 27 East and Sections 1 and 2, Township 26 South and Range 27 East in Polk County. The proposed subdivision is located primarily within the jurisdiction of the Southwest Florida Water Management District (SWFWMD), but the main entrance area and two small ponds are situated in Osceola County, which is under the jurisdiction of the South Florida Water Management District (SFWMD). An application for an Environmental Resource Permit (ERP) authorizing the construction and operation of a surface water management system for this project has been submitted by the property owner to SWFWMD. The application is designated Individual ERP Application No. 43027257.000. Section 373.046(6), Florida Statutes, authorizes a water management district to designate, through an interagency agreement, regulatory responsibility to another water management district over a project located within the jurisdictional boundaries of both districts. Due to the fact that only a small portion of the proposed Tanglewood subdivision is located within the SFWMD, the applicant has requested that responsibility be assumed by the SWFWMD for review and issuance of an ERP for the entirety of the subdivision project. An interagency agreement approved by both District governing boards is necessary to authorize the SWFWMD to issue an ERP to the applicant for the entire subdivision project. The Interagency Agreement to assign jurisdiction to SWFWMD for this project will be presented to the SFWMD Governing Board at its February 2005 meeting and is expected to be approved. Staff Recommendation: Approve the Interagency Agreement between the Southwest Florida Water Management District and the South Florida Water Management District for Designation of Regulatory Responsibility for a portion of Tanglewood Subdivision Project. Presenter: Martha A. Moore, Senior Attorney

63

Governing Board Meeting February 22-23, 2005

Regulatory Agenda Regulation Consent Items Surface Water Permit 65. Interagency Agreement Between SWFWMD and SFWMD for Designation of

Regulatory Responsibility for a Portion of Blackwater Crossings Subdivision Project – Polk County

Development of a multi-family residential subdivision known as Blackwater Crossings is

being proposed for a parcel of property located primarily within Section 04, Township 26 South, Range 27 East in Polk County. Most of the proposed subdivision is located within the jurisdiction of the Southwest Florida Water Management District (SWFWMD), but approximately 200 feet of the entrance road is situated in Osceola County, which is under the jurisdiction of the South Florida Water Management District (SFWMD). An application for an Environmental Resource Permit (ERP) authorizing the construction and operation of a surface water management system for this project has been submitted by the property owner to SWFWMD. The application is designated Standard General ERP Application No. 44028105.000.

Section 373.046(6), Florida Statutes, authorizes a water management district to designate,

through an interagency agreement, regulatory responsibility to another water management district over a project located within the jurisdictional boundaries of both districts. Due to the fact that only a small portion of the proposed Blackwater Crossings development is located within the SFWMD, the applicant has requested that responsibility be assumed by the SWFWMD for review and issuance of an ERP for the entire project. An interagency agreement approved by both District governing boards is necessary to authorize the SWFWMD to issue an ERP to the applicant for the entire subdivision project. The Interagency Agreement to assign jurisdiction to SWFWMD for this project will be presented to the SFWMD Governing Board at its February 2005 meeting and is expected to be approved.

Staff Recommendation: Approve the Interagency Agreement between the Southwest Florida Water Management

District and the South Florida Water Management District for Designation of Regulatory Responsibility for a portion of Blackwater Crossings Subdivision Project.

Presenter: Martha A. Moore, Senior Attorney

64

CONSENT ITEMS

DISCUSSION PAPER 66. WATER USE PERMIT APPLICATION NO. 20004461.006

City of Wauchula

SUMMARY • Modification of an existing permit for public supply use. • Hardee County within the Southern Water Use Caution Area. • Quantities Existing (gpd) Proposed (gpd) Change (gpd)

Standard Annual Average 975,100 1,110,000 134,900 Peak Month 1,249,100 1,343,100 94,000

• The increases in the Standard Annual Average and Peak Month quantities are due to an increase in the service area, an increase in the projected population, and adding wholesale public supply to Hardee County. The current Adjusted Gross Per Capita of 125 gpd includes single-family residential, multi-family residential, and includes wholesale supply to Hardee County.

• Quantities were determined based on historical pumpage data and demand projections submitted by

the Permittee. • There are three existing wells, one standby well, and one proposed well. One existing well is

documented as solely open to the Upper Floridan aquifer, and the proposed well will be stipulated to be open solely to that aquifer. All other wells are assumed to be open to both of the intermediate and Upper Floridan aquifer.

• The City of Wauchula's Wastewater Treatment Plant has a design capacity of 1.0 million gallons per

day (MGD), and it is currently producing 0.8 MGD of treated wastewater, which is discharged into the Peace River. Under Cooperative Funding with the District, all treated wastewater will be supplied for industrial process use at the CF Industries' Hardee Phosphate Complex beginning in February 2005.

• Special Conditions include those that require the Permittee to submit monthly meter readings;

maintain existing flow meters; install a flow meter at a proposed well; cap wells not in use; follow well construction specifications for one well; provide specific capacity data as the proposed well is drilled; determine the well construction characteristics of three existing wells; modify the permit to reflect incorporation of any new alternative sources of water; submit reports on per capita, significant use, and quantities of reuse water supplied to others annually; submit a water audit; adhere to prescribed pumpage distribution flexibility limits; and submit monthly reports on wholesale water quantities supplied to Hardee County.

• Meets rule requirements. Staff recommends approval.

65

Water Use Permit Summary Default Date: April 6, 2005

66


WATER USE INDIVIDUAL

PERMIT NO. 20004461.006

EXPIRATION DATE: January 28, 2007 PERMIT ISSUE DATE: February 22, 2005 THE PERMITTEE IS RESPONSIBLE FOR APPLYING FOR A RENEWAL OF THIS PERMIT PRIOR TO THE EXPIRATION DATE WHETHER OR NOT THE PERMITTEE RECEIVES PRIOR NOTIFICATION BY MAIL. FAILURE TO DO SO AND CONTINUED USE OF WATER AFTER EXPIRATION DATE IS A VIOLATION OF DISTRICT RULES AND MAY RESULT IN A MONETARY PENALTY AND/OR LOSS OF WATER. APPLICATION FOR RENEWAL PRIOR TO THE EXPIRATION DATE IS SUBJECT TO DISTRICT EVALUATION AND APPROVAL. This permit, issued under the provision of Chapter 373, Florida Statutes and Florida Administrative Code 40D-2, authorizes the Permittee to withdraw the quantities outlined herein, and may require various activities to be performed by the Permittee as outlined by the Special Conditions. This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the Permittee from complying with any applicable local government, state, or federal law, rule, or ordinance. This permit, subject to all terms and conditions, meets all District permitting criteria. GRANTED TO: City of Wauchula 126 South 7th Avenue Wauchula, FL 33873

COUNTY: Hardee PROJECT NAME: City of Wauchula

WATER USE CAUTION AREA: Southern ABSTRACT: This is a modification with an increase in quantities of an existing public supply permit. The Standard Annual Average quantity increases from 975,100 gallons per day (gpd) to 1,110,000 gpd (increase of 134,900 gpd), and the Peak Month quantity increases from 1,249,100 gpd to 1,343,100 gpd (increase of 94,000 gpd). The increases in quantities are due to increases in the service area and projected population, and to adding Hardee County as a recipient of wholesale public supply water. The current and projected Adjusted Gross Per Capita of 125 gpd include single-family residential, multi-family residential, and wholesale supply to Hardee County. Quantities were determined based on historical pumpage data and demand projections submitted by the Permittee. Beginning February 2005, the City of Wauchula will supply approximately 0.8 MGD (million gallons per day) treated waste water gpd to the CF Industries' Hardee Phosphate Complex for use in their industrial processes. Special Conditions include those that require the Permittee to submit monthly meter readings; maintain existing flow meters; install a flow meter at a proposed well; cap wells not in use; follow well construction specifications for one well; provide specific capacity data as the new well is drilled; determine well construction characteristics of three existing wells; modify the permit to reflect incorporation of any new alternative sources of water; submit annual reports on per capita, significant use, and quantities of reuse water supplied to others; submit a water audit; adhere to prescribed pumpage distribution flexibility limits; and submit monthly reports on wholesale water quantities supplied to Hardee County.

Permit No.: 20004461.006 Permittee: City of Wauchula

67

TYPE OF APPLICATION: APPLICATION AMENDED:

Modification N/A

APPLICATION FILED: August 3, 2004 ACRES: 6.4 Owned 23,000.0 Serviced 23,006.4 Total

PROPERTY LOCATION: Hardee County, adjacent to the eastern city limits of Wauchula, 0.75 mile

east of the intersection of U.S. Highway 17 and State Highway 64A.

TOTAL QUANTITIES AUTHORIZED UNDER THIS PERMIT (in gpd) STANDARD ANNUAL AVERAGE1 1,110,000 PEAK MONTH2 1,343,100

1 Standard Annual Average: the annual average quantity for all uses. Irrigation quantities for non-plastic-mulched crops area

based on historical average rainfall (5-in-10). 2 Peak Month: the highest amount of water in gallons needed during any month divided by the number of days per month.

Use

Standard AnnualAverage (gpd)

Peak Month (gpd)

Public Supply: 1,110,000 1,343,100 SERVICE AREA NAME POPULATION SERVED PER CAPITA RATE City of Wauchula 8,411 Gross 125gpd/person Adjusted Gross 125gpd/person

68

CONSENT ITEMS


Ben Hill Griffin, Inc. SUMMARY • Renewal with modification for agricultural use. • Highlands County, within the Southern Water Use Caution Area. • Quantities Existing (gpd) Proposed (gpd) Change (gpd)

Standard Annual Average 1,552,000 1,595,800 43,800 Drought Annual Average 2,003,000 1,971,400 -31,600 Peak Month 8,005,500 7,402,900 -602,600 Crop Protection 17,280,000 17,280,000 0

• The increase in the Standard and decrease in the Drought Average Annual Daily quantities and the decrease in Peak Month quantity are due to application rate adjustments in the District's water use calculation program, AGMOD, as well as to a decrease in citrus irrigated from 1,214 acres to 1,195 acres. • There are seven existing wells: one well is documented to be open solely to the Upper Floridan aquifer, and six wells, with undocumented total depths and casing depths, are assumed to be open to both the intermediate aquifer system and the Upper Floridan aquifer. • Treated wastewater for reuse is not currently available at this site; however, a special condition requires the Permittee to investigate the feasibility of capturing excess stormwater to supplement ground water use. • Special Conditions include those that require the Permittee to continue to meter and report pumpage, caliper or video log six wells, implement water conservation and best management practices, investigate the feasibility of using reclaimed water, comply with irrigation allotments and efficiency goals, submit annual crop reports, report crop protection usage, modify the permit to reflect incorporation of any new alternative sources of water, and cap all wells not in use. • Meets rule requirements. Staff recommends approval.

69

Water Use Permit Summary Default Date: March 14, 2005

70

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT WATER USE INDIVIDUAL

PERMIT NO. 20004680.006

EXPIRATION DATE: February 22, 2015 PERMIT ISSUE DATE: February 22, 2005 THE PERMITTEE IS RESPONSIBLE FOR APPLYING FOR A RENEWAL OF THIS PERMIT PRIOR TO THE EXPIRATION DATE WHETHER OR NOT THE PERMITTEE RECEIVES PRIOR NOTIFICATION BY MAIL. FAILURE TO DO SO AND CONTINUED USE OF WATER AFTER EXPIRATION DATE IS A VIOLATION OF DISTRICT RULES AND MAY RESULT IN A MONETARY PENALTY AND/OR LOSS OF WATER. APPLICATION FOR RENEWAL PRIOR TO THE EXPIRATION DATE IS SUBJECT TO DISTRICT EVALUATION AND APPROVAL. This permit, issued under the provision of Chapter 373, Florida Statutes and Florida Administrative Code 40D-2, authorizes the Permittee to withdraw the quantities outlined herein, and may require various activities to be performed by the Permittee as outlined by the Special Conditions. This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the Permittee from complying with any applicable local government, state, or federal law, rule, or ordinance. This permit, subject to all terms and conditions, meets all District permitting criteria. GRANTED TO: Ben Hill Griffin, Inc. Post Office Box 127 Frostproof, FL 33843

COUNTY: Highlands PROJECT NAME: Sections 16 & 17

WATER USE CAUTION AREA: Southern ABSTRACT: This is a renewal with modification of an existing water use permit for agricultural use. The modification includes an increase in the Standard Annual Average quantity from 1,552,000 gallons per day (gpd) to 1,595,800 gpd (increase of 43,800 gpd); a decrease in the Drought Average Annual quantity from 2,003,000 gpd to 1,971,400 gpd (decrease of 31,600 gpd); a decrease in the Peak Month quantity from 8,005,500 gpd to 7,402,900 gpd (decrease of 602,600 gpd); and no change to the Crop Protection quantity. The changes in quantities are due to adjustments in the application rate for citrus in the District's water use calculation program AGMOD as well as to a decrease in the amount of citrus irrigated. Special Conditions include those that require the Permittee to continue to meter and report existing pumpage, caliper or video log six wells, implement water conservation and best management practices, investigate the feasibility of using reclaimed water, comply with irrigation allotments and efficiency goals, submit annual crop reports, report crop protection usage, modify the permit to reflect incorporation of any new alternative sources of water, and cap all wells not in use.

Permit No.: 20004680.006 Permittee: Ben Hill Griffin, Inc.

71


Renewal N/A

APPLICATION FILED: November 16, 2004 ACRES: 1,293.5 Owned

PROPERTY LOCATION: Highlands County, approximately 2 miles east of the city of Avon Park,

approximately 0.5 mile northwest of the intersection of State Road 64 and U.S. Highway 27.

TOTAL QUANTITIES AUTHORIZED UNDER THIS PERMIT (in gpd)

STANDARD ANNUAL AVERAGE1 1,595,800 DROUGHT ANNUAL AVERAGE2 1,971,400 PEAK MONTH3 7,402,900 CROP PROTECTION/MAXIMUM4 17,280,000 CREDIT BALANCE5 628,223,065 gallons 1 Standard Annual Average: the annual average quantity for all uses. Irrigation quantities for non-plastic-mulched crops area

based on historical average rainfall (5-in-10). 2 Drought Annual Average: the calculated annual average irrigation quantity based on rainfall conditions which are less than the

historical average rainfall (either 2-in-10 drought basis, or in the case of plastic-mulched crops, no rainfall.) 3 Peak Month: the highest amount of water in gallons needed during any month divided by the number of days per month. 4 Crop Protection: the maximum daily amount of water permitted for frost and freeze protection of crops.

Maximum: the maximum amount of water permitted to use in a single 24-hour day. 5 Credit Balance: for crops with a drought annual average, the volume of water that is available to use as needed when the

amount of actual rainfall at the crop or plant site is less than the historical average. Use


Drought Annual Average (gpd)

Peak Month (gpd)

Crop Protection (gpd)

Agricultural 1,595,800 1,971,400 7,402,900 17,280,000 CROP/USE TYPE

ACRES

IRRIGATION

METHOD

STANDARD IRRIGATION

RATE

DROUGHT IRRIGATION

RATE Citrus 1,195 Low volume under tree spray 20.1"/yr. 24.8"/yr.

72

CONSENT ITEMS


Latt Maxcy Corporation SUMMARY • Renewal with modification of an existing permit for agricultural use. • Highlands County, within the Southern Water Use Caution Area (SWUCA). • Quantities Existing (gpd) Proposed (gpd) Change (gpd)

Standard Annual Average 699,200 730,500 31,300 Drought Annual Average 901,800 902,500 700 Peak Month 3,599,400 3,388,900 -210,500 Crop Protection 2,713,100 5,857,400 3,144,300

• The changes in quantities are due to adjustments in the application rate for citrus in the District's water use calculation program AGMOD as well as a decrease in the amount of citrus irrigated.

• Proposed irrigation quantities are based on AGMOD. • There are five existing wells: One well is a screen well and is assumed opened to the surficial

aquifer only. One well is documented to be open to both the intermediate and the Upper Floridan aquifer systems, and three wells with undocumented total depths and casing depths are assumed to be open to both the intermediate and the Upper Floridan aquifer systems.

• Treated wastewater for reuse is not currently available at this site, however a special condition

requires the Permittee to investigate the feasibility of using reclaimed water. • Other Special Conditions include those that require the Permittee to continue to meter and report

existing pumpage; caliper or video log two wells; implement water conservation and best management practices; comply with irrigation allotments and efficiency goals; submit annual crop reports; report crop protection usage; modify the permit to reflect incorporation of any new alternative sources of water; investigate crop protection withdrawal related complaints; and, cap all wells not in use.

• Meets rule requirements. Staff recommends approval.

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Water Use Permit Summary Default Date: April 7, 2005

74


PERMIT NO. 20005639.005

EXPIRATION DATE: February 22, 2015 PERMIT ISSUE DATE: February 22, 2005 THE PERMITTEE IS RESPONSIBLE FOR APPLYING FOR A RENEWAL OF THIS PERMIT PRIOR TO THE EXPIRATION DATE WHETHER OR NOT THE PERMITTEE RECEIVES PRIOR NOTIFICATION BY MAIL. FAILURE TO DO SO AND CONTINUED USE OF WATER AFTER EXPIRATION DATE IS A VIOLATION OF DISTRICT RULES AND MAY RESULT IN A MONETARY PENALTY AND/OR LOSS OF WATER. APPLICATION FOR RENEWAL PRIOR TO THE EXPIRATION DATE IS SUBJECT TO DISTRICT EVALUATION AND APPROVAL. This permit, issued under the provision of Chapter 373, Florida Statutes and Florida Administrative Code 40D-2, authorizes the Permittee to withdraw the quantities outlined herein, and may require various activities to be performed by the Permittee as outlined by the Special Conditions. This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the Permittee from complying with any applicable local government, state, or federal law, rule, or ordinance. This permit, subject to all terms and conditions, meets all District permitting criteria. GRANTED TO: Latt Maxcy Corporation Post Office Box 158 Frostproof, FL 33843-0158

COUNTY: Highlands PROJECT NAME: Rawle Grove

WATER USE CAUTION AREA: Southern ABSTRACT: This is a renewal with modification of an existing water use permit for agricultural use. The modification includes an increase in the Standard Annual Average quantity from 699,200 gallons per day (gpd) to 730,500 gpd (increase of 31,300 gpd); an increase in the Drought Annual Average from 901,800 gpd to 902,500 gpd (increase of 700 gpd); a decrease in the Peak Month quantity from 3,599,400 gpd to 3,388,900 gpd (decrease of 210,500 gpd); and an increase in the Crop Protection quantity from 2,713,100 gpd to 5,857,400 gpd (increase of 3,144,300 gpd). The changes in quantities are due to adjustments in the application rate for citrus in the District's water use calculation program AGMOD as well as a decrease in the amount of citrus irrigated. Special Conditions include those that require the Permittee to: continue to meter and report existing pumpage; caliper or video log two wells; implement water conservation and best management practices; investigate the feasibility of using reclaimed water; comply with irrigation allotments and efficiency goals; submit annual crop reports; report crop protection usage; modify the permit to reflect incorporation of any new alternative sources of water; investigate crop protection withdrawal related complaints; and, cap all wells not in use.

Permit No.: 20005639.005 Permittee: Latt Maxcy Corporation

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Renewal January 7, 2005

APPLICATION FILED: July 26, 2004 ACRES: 591 Owned

PROPERTY LOCATION: Highlands County, approximately 8 miles north-northwest of the town of

Lake Placid, about 3 miles southeast of the intersection of U.S. Highway 27 and State Road 66.


STANDARD ANNUAL AVERAGE1 730,500 DROUGHT ANNUAL AVERAGE2 902,500 PEAK MONTH3 3,388,900 CROP PROTECTION/MAXIMUM4 5,857,400 CREDIT BALANCE5 125,539,400 gallons

1 Standard Annual Average: the annual average quantity for all uses. Irrigation quantities for non-plastic-mulched crops area

based on historical average rainfall (5-in-10). 2 Drought Annual Average: the calculated annual average irrigation quantity based on rainfall conditions which are less than the

historical average rainfall (either 2-in-10 drought basis, or in the case of plastic-mulched crops, no rainfall.) 3 Peak Month: the highest amount of water in gallons needed during any month divided by the number of days per month.

4 Crop Protection: the maximum daily amount of water permitted for frost and freeze protection of crops.

Maximum: the maximum amount of water permitted to use in a single 24-hour day. 5 Credit Balance: for crops with a drought annual average, the volume of water that is available to use as needed when the

amount of actual rainfall at the crop or plant site is less than the historical average. Use


Drought Annual Average (gpd)

Peak Month (gpd)

Crop Protection (gpd)

Agricultural 730,500 902,500 3,388,900 5,857,400 CROP/USE TYPE

ACRES

IRRIGATION

METHOD

STANDARD IRRIGATION

RATE

DROUGHT IRRIGATION

RATE Citrus 191 Low volume under tree spray 20.1"/yr. 24.8"/yr. Citrus 373 Sprinkler over plant 19.2"/yr. 23.7"/yr.

76

CONSENT ITEMS DISCUSSION PAPER 69. WATER USE PERMIT APPLICATION NO. 20012239.002

Villages Water Conservation Authority

SUMMARY • Modification of an existing permit for supply of outdoor water uses in the Villages, including irrigation of golf courses, and the lawns and landscapes of residences, common areas and commercial areas. • The permit is for withdrawals in Sumter County, in the area of the Villages that is served by the Villages Water Conservation Authority (VWCA). The whole Villages development spans 22,000 acres in Sumter, Lake, and Marion counties in both the Southwest Florida and the St. Johns River Water Management Districts. The Villages 2003 population was approximately 38,000 people. Planned development at buildout is projected to serve about 115,000 residents, with schools, a hospital, commercial areas, and as many as 37 executive and championship golf courses. • This permit is one of nine held by the Villages in Southwest Florida Water Management District. Current Villages permitted average daily total groundwater withdrawal (in SWFWMD and SJRWMD) is 16.7 million gallons per day (mgd) (11.9 mgd in SWFWMD). The VWCA application is one of several pending permit applications from the Villages, requesting total increases of up to 12.3 mgd in both Districts, which if permitted would result in a 29.0 mgd permitted groundwater withdrawal. With the permit modification in this application, the Villages average daily permitted groundwater withdrawal (in SWFWMD and SJRWMD) would increase from 16.7 mgd to 18.7 mgd. • The increase in the annual average quantities is due to increasing residential and golf course demands. The proposed withdrawals will serve demand projections through 2005. • Quantities Requested (gpd) Existing (gpd) Proposed (gpd) Change (gpd)

Annual Average 8,230,000 2,850,000 4,894,000 +2,044,000 Peak Month 20,576,000 9,090,000 13,828,000 +4,738,000 Crop Protection 0 0 0 0

• The Permittee will utilize 100% of the 604,500 gpd of reclaimed water from local development and 688,000 gpd of reclaimed water from the City of Wildwood on an average daily basis, and will capture 697,500 gpd of excess stormwater. This total of 1,990,000 gpd of reclaimed water and stormwater will supply 29% of the Permittee’s total irrigation needs through 2005 of 6,884,000 gpd (4.894 mgd groundwater withdrawal plus 1.990 mgd reclaimed/stormwater). • The Gross Per Capita use for this area of the Villages development is approximately 270 gallons per capita day (gpcd), including outdoor water uses supplied under this permit and indoor water uses supplied by North Sumter Utilities (the indoor public supply). The relatively high per capita rate is due to lawn watering demands supplied by this permit (210 gpcd or about 78% of combined indoor and outdoor water use). Landscape design consists primarily of non-Florida friendly plant materials throughout the non-paved areas of the development. The per capita rate is based on 1.9 people per household. • With this permit modification, the predicted cumulative drawdown impacts to wetlands and lakes in the area of the Villages appears to be within acceptable limits. The predicted cumulative impacts are based on the proposed and existing permitted withdrawals of the Villages development in both SWFWMD and SJRWMD. Additional aquifer testing has been planned and scheduled for spring 2005, to provide additional information about aquifer properties and to improve the predictive accuracy of potential impacts. Considering the best information available at this time, it appears that measures are imminently necessary to assure that permittable water supplies will be available to meet increasing demands of the Villages. A combination of water demand reduction (on a per acre

Discussion Paper Permit No.: 20012239.002 Page 2

77

basis), water conservation, and/or procurement of other sources appear to be urgently warranted. At least some of the future water supplies will likely need to be met by reductions in demand from existing areas of the development. • Of the 12.3 mgd requests included from all permits, only an additional 2.044 mgd will be permitted to the VWCA. Prior to any further increase in withdrawals, completion of the aquifer testing, a demand reduction plan, or other provisions to reduce the potential for impacts to surface water resources must be accomplished. • Five existing and two proposed Lower Floridan aquifer wells will supply the permitted quantities of ground water. Five existing and two proposed surface water withdrawals will re-pump the well water, along with available reclaimed water and captured stormwater, to provide irrigation to the areas served. • Special Conditions include those that require the Permittee to record and report quantities pumped from all wells, reuse sources, and surface water bodies on a monthly basis; conduct an aquifer performance test on both the Upper and Lower Floridan aquifers; implement an approved and improved water conservation plan; submit an annual water conservation report that contains reuse receiver information; sample the quality of water as two proposed wells are drilled; record and report the water quality in all wells on a monthly basis; and implement the approved environmental management plan. • Meets rule requirements. Staff recommends approval.

78

Water Use Permit Summary Default Date: March 1, 2005

79


PERMIT NO. 20012239.002

EXPIRATION DATE: March 1, 2006 PERMIT ISSUE DATE: February 22, 2005

THE PERMITTEE IS RESPONSIBLE FOR APPLYING FOR A RENEWAL OF THIS PERMIT PRIOR TO THE EXPIRATION DATE WHETHER OR NOT THE PERMITTEE RECEIVES PRIOR NOTIFICATION BY MAIL. FAILURE TO DO SO AND CONTINUED USE OF WATER AFTER EXPIRATION DATE IS A VIOLATION OF DISTRICT RULES AND MAY RESULT IN A MONETARY PENALTY AND/OR LOSS OF WATER. APPLICATION FOR RENEWAL PRIOR TO THE EXPIRATION DATE IS SUBJECT TO DISTRICT EVALUATION AND APPROVAL. This permit, issued under the provision of Chapter 373, Florida Statutes and Florida Administrative Code 40D-2, authorizes the Permittee to withdraw the quantities outlined herein, and may require various activities to be performed by the Permittee as outlined by the Special Conditions. This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the Permittee from complying with any applicable local government, state, or federal law, rule, or ordinance. This permit, subject to all terms and conditions, meets all District permitting criteria.

GRANTED TO: Villages Water Conservation Authority 1100 Main Street

The Villages, FL 32159

COUNTY: Sumter

PROJECT NAME: Villages of Sumter

WATER USE CAUTION AREA: N/A

ABSTRACT: This is a modification to increase quantities on an existing permit for irrigation of golf courses, and the lawns and landscapes of residences, common areas and commercial areas. Annual Average quantities increase from 2,850,000 gallons per day (gpd) to 4,894,000 gpd (increase of 2,044,000 gpd) and Peak Month quantities increase from 9,090,000 gpd to 13,828,000 gpd (increase of 4,738,000 gpd). The increased quantities will supply part of a total demand of 6,884,000 gpd, of which 1,990,000 gpd are to be met from reclaimed water and captured excess stormwater. Special Conditions include those that require the Permittee to record and report quantities pumped from all wells, reuse sources, and surface water bodies on a monthly basis; conduct an aquifer performance test on both the Upper and Lower Floridan aquifers; implement the approved water conservation plan; submit an annual water conservation report that contains reuse receiver information; sample the quality of water as two proposed wells are drilled; record and report the water quality in all wells on a monthly basis; and implement the approved environmental management plan.

Permit No.: 20012239.002 Permittee: Villages Water Conservation Authority

80


Modification N/A

APPLICATION FILED: February 3, 2004 ACRES: 5.72 Owned 8,343.00 Serviced 8,348.72 Total

PROPERTY LOCATION: Sumter County, dispersed wellfield within the Villages of Sumter.


ANNUAL AVERAGE 4,894,000 PEAK MONTH 13,828,000

Use

Annual Average (gpd)

Peak Month (gpd)

Recreation/Aesthetic 2,372,000 6,163,000 Public Supply 2,522,000 7,665,000

FACILITY NAME Villages of Sumter

CROP/USE TYPE

ACRES

IRRIGATION

METHOD

IRRIGATION

RATE Golf Course 1,152 Sprinkler over plant 23.8"/yr. Lawn & Landscape 1,214 Sprinkler over plant 21.9"/yr. Other Uses Other Metered Use Water Utility Use Unaccounted Use Fire Fighting/Testing

Governing Board Meeting February 22-23, 2005 Regulatory Agenda Regulation Discussion Items Surface Water Permits – None Water Use Permits – None Well Construction Permits - None

Governing Board Meeting February 22-23, 2005 General Counsel Agenda Proceedings - None

Governing Board Meeting February 22-23, 2005 General Counsel Agenda Enforcement Items Consent Items 70. Surface Water

a. Consent Orders

(1) Consent Order - ERP No. 44002383.007 - MGD Suncoast, L.L.C., and Florida Fill Haulers of Land O’Lakes, Inc. (Villa Rosa Borrow Pit Haul Road) - Pasco and Hillsborough Counties ............................................. 2

b. Settlement Agreements – None

c. Initiation of Litigation

71. Water Use

a. Consent Orders - None

b. Settlement Agreements - None

c. Initiation of Litigation - None

72. Well Construction

a. Consent Orders – None b. Settlement Agreements – None

c. Initiation of Litigation – None Discussion Items - None

Enforcement Items Summary - 2 - February 22-23, 2005

Consent Items 70. Surface Water

a. Consent Orders

(1) Consent Order - ERP No. 44002383.007 - MGD Suncoast, L.L.C., and Florida Fill Haulers of Land O’Lakes, Inc. (Villa Rosa Borrow Pit Haul Road) - Pasco and Hillsborough Counties

In April 2002, the District issued Standard General Environmental Resource Permit (ERP) No. 44002383.007 (the Permit) to Morin Development Group, L.L.C., and Westfield Homes of Florida, Inc., authorizing construction of a temporary haul road on 5.12 acres south of State Road 54 and east of the Suncoast Parkway to serve a borrow pit operation. The project is known as the Villa Rosa Borrow Pit Haul Road. The Permit was transferred to MGD Suncoast, L.L.C., and Florida Fill Haulers of Land O'Lakes, Inc., in November 2002. On February 26, 2003, April 10, 2003, and April 24, 2003, District staff inspected the project and observed that the permittees had deviated from the construction plans approved by the Permit. Specifically, unauthorized impervious materials had been placed on the road, the road was constructed at higher elevations than the permitted construction plans, culverts were not installed at the elevations approved in the permitted construction plans, and roadside ditches were constructed that were not in the permitted construction plans. Additionally, District staff observed that unauthorized impacts to wetlands and wetland buffers had occurred. Vehicles had driven in one wetland, improperly installed turbidity and erosion controls had resulted in a sediment delta in another wetland, and road construction and culvert placement had resulted in unauthorized impacts to a third wetland and its buffer area. Approximately 0.03 acre of herbaceous wetlands and 660 square feet of wetland buffer were impacted. On May 21, 2003, the District issued the permittees a letter notifying them of the noncompliance observed by staff. In order to resolve the violations, the permittees were sent a Notice of Violation and proposed Consent Order on August 7, 2003. The Consent Order proposed payment of $14,600 in penalties and costs, and required that the permittees modify the Permit to address the deviations and comply with the terms of the Consent Order. The permittees responded to the proposed Consent Order, arguing that the proposed penalty was excessive. In September 2003, after the parties were unable to reach an agreement, the Governing Board approved the initiation of litigation. However, prior to filing the Administrative Complaint and Order in this matter, and pursuant to negotiations, the permittees agreed to a revised Consent Order. At the February 24, 2004, Governing Board meeting, the Consent Order was approved assessing penalties and costs totaling $8,250, as follows: • $5,050 for moderate turbidity or sediment or other water quality problems, in the

penalty matrix range of $7,500 to $20,000 for such impacts: • $1,250 for potential flooding impacts, in the penalty matrix range of $0 to $2,500 for

such impacts; • $200 for 0.02 acre of herbaceous wetland impacts assessed at $10,000 an acre in

the penalty matrix range of $5,000 to $10,000 an acre for such impacts; • $1,000 for violations of permit conditions, specifically for constructing the road

higher than the permitted plans, in the penalty matrix range of $0 to $5,000 for each such violation; and


• $750 in District enforcement costs. The permittees were also required to complete corrective actions to bring the project into compliance with the Permit. The permittees paid all penalties and costs and while the permittees were progressing to compliance through a permit modification, pursuant to a site visit on December 28, 2004, District staff observed that improperly installed or damaged turbidity and erosion controls had resulted in unauthorized impacts to .0258 acre of herbaceous wetlands and .026 acre to forested wetland. District staff also observed that .5 acre had been filled to repair a blow out in the haul road that was not in the permitted construction plans. Additionally, the permittees were still hauling dirt from the borrow pit and had missed the deadline specified in the permit for removal of the wetland crossings and the restoration of pre-construction elevations. In order to resolve the violations, the permittees were sent a Notice of Violation and proposed Consent Order on January 14, 2005. The proposed Consent Order increased the per day delay penalty to $250 per day, established firm deadlines for removal of the wetland crossings and the restoration of pre-construction elevations by March 30, 2005, and required payment of $9,196 in penalties and costs as follows: • $1,000 for potential turbidity or sediment or other water quality problems, in the

penalty matrix range of $250 - $2,499 for such impacts; • $4,000 for minor water quantity impacts, in the penalty matrix range of $2,500 -

$7,499 for such impacts; • $516 for .0258 acre of herbaceous wetland impacts assessed at $20,000 an acre; • $780 for .026 acre of forested wetland impacts assessed at $30,000 an acre; • $2,500 for .5 acre fill assessed at $5,000 per acre; and • $400 in District enforcement costs.

On January 24, 2005, permittees responded to the proposed Consent Order admitting that the deadline for removal of the wetland crossings and restoration had been missed, but stating that excavation of the borrow pit and the hauling of the dirt from the pit were delayed by the multiple hurricanes and near record rainfall received at the pit and on the haul road. The permittees made a counter offer of $3,525 for penalties and costs and presented arguments for reductions of several of the penalties. Because District staff could not confirm minor water quantity impacts above the minimum, the water quantity impact penalty was reduced from $4,000 to $2,500. Additionally, District staff agreed that the .5 acre of wetland fill to repair the blow out in the haul road may have been previously addressed by the penalty imposed in the initial Consent Order, which reduced the penalty by $2,500. District staff have sent the permittees a revised proposed Consent Order, which will increase the District's per day delay penalty to $500 per day and assess penalties and costs totaling $5,196 as follows:

• $1,000 for potential turbidity or sediment or other water quality problems, in the

penalty matrix range of $250 - $2,499 for such impacts; • $2,500 for minor water quantity impacts, in the penalty matrix range of $2,500 -

$7,499 for such impacts; • $516 for .0258 acre of herbaceous wetland impacts assessed at $20,000 an acre; • $780 for .026 acre of forested wetland impacts assessed at $30,000 an acre; and • $400 in District enforcement costs.


District staff expects to receive a signed Consent Order prior to the February Governing Board meeting. Staff Recommendation: Approved the revised Consent Order and authorize the initiation of litigation in the event MGD Suncoast, L.L.C., and Florida Fill Haulers of Land O'Lakes, Inc., fail to comply with the terms of the Consent Order. Presenter: Steve Rushing, Assistant General Counsel



71. Water Use

a. Consent Orders - None



72. Well Construction

a. Consent Orders – None b. Settlement Agreements – None

c. Initiation of Litigation – None Discussion Items - None

Governing Board Meeting February 22-23, 2005 General Counsel Agenda Briefings and Reports 73. Rulemaking Update See Exhibit 73

74. Litigation Report See Exhibit 74 75. Other Briefing Item(s)

1

RULEMAKING UPDATE February 2005

I. PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS

AUTHORIZED INITIATION OF RULEMAKING

RULE INITIATION DATE

NEXT SCHEDULED ACTION

PROJECTED BOARDAPPROVAL DATE

1. Southern Water Use Caution Area (SWUCA II)/(40D-2, 40D-8 and 40D-80)

a. Minimum Flow for Upper Peace River

b. Minimum levels for Upper Floridan Aquifer

c. Minimum Levels for Lakes d. Recovery and/or Prevention Strategies

January 2002

Work group meeting 12/04, Governing Board Meeting 2/22/05

2/22/05

TBA

2. Rulemaking to Amend Rule 40D-3.505, F.A.C. to Specifically Restrict the Construction of Water Wells in Areas of Known Groundwater Contamination

January 2005

Effective approximately 5/05

N/A

3. Initiation of Rulemaking to Amend Rule 40D-4.021, F.A.C. to Clarify the Definition of a New Surface Water Management System

January 2005


N/A

4. Rulemaking to Amend Rule 40D-4.091, F.A.C. and ERP Basis of Review Regarding Title Insurance for Regulatory Conservation Easements Granted to the District

October 2004

To ERP advisory groups, 12/04, 1/05 and 2/05

3/05

5. Rulemaking to Amend Rule 40D-4.091, F.A.C., and ERP Basis of Review Regarding Financial Assurances

December 2004


N/A

6. Rulemaking to Amend Rule 40D-4.351, F.A.C. to Clarify

that Formal Determination of Wetlands and Other Surface Waters May Be Transferred

December 2004


N/A

7. Rulemaking to Amend Tables 8-2 and 8-3 regarding lake levels (40D-8.624)

December 2004


N/A

8. Amendments to update and streamline definitions, shortage phases and specific restrictions in the Water Shortage Plan

(40D-21)

November 2001

Public workshops 2/05 and 3/05

TBA

2

RULE INITIATION DATE

NEXT SCHEDULED ACTION

PROJECTED BOARDAPPROVAL DATE

9. Rulemaking to Amend Rule to Include a Limiting General Condition in all General Permits for Minor Surface Water Management Systems (40D-40.381)

December 2004


N/A

10. Initiation of Rulemaking to Amend Rule 40D-400.500, F.A.C., to Incorporate by Reference the Updated Silviculture Best Management Practices Manual

(40D-400)

January 2005


N/A

II. PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS NOT YET AUTHORIZED INITIATION OF RULEMAKING

RULE STAFF RECOMMENDATION 1. Initiation of Rulemaking to Amend

40D-2 to address miscellaneous clean up items

Governing Board Initiate Rulemaking -TBA

2. Southern Water Use Caution Area (SWUCA II)/(40D-2, 40D-8 and 40D-80)

a. Minimum Flow for Alafia River

Governing Board Initiate Rulemaking - 2005

3. (40D-4) Rulemaking to Amend Rules in Chapter 40D-4, F.A.C. and the Environmental Resource Permitting Information Manual, Part B, Basis of Review, at the Request of DEP to Update References and Conform to Statutory Changes (40D-4.051, 4.091 & 4.302(1)(c)

Governing Board Initiate Rulemaking – 2/2005

5. Initiation of Rulemaking(40D-4.041) to Create Mechanism to Provide the District Record Notice of Environmental Resource Permits.

Governing Board Initiate Rulemaking – 2/2005 Environmental Advisory Committee 3/9/05

Environmental Resource Permitting Group 4/05

6. Initiation of Rulemaking to Amend Rule 40D-4.321, F.A.C. to Revise the Duration of Conceptual Environmental Resource Permits

Governing Board Initiate Rulemaking – 2005

7. Initiation of Rulemaking to Amend Rule 40D-4.331, F.A.C. to Clarify Conditions for the Extension of Environmental Resource Permits (file with 40D-4.321)

Governing Board Initiate Rulemaking – 2005

8. Tampa Bypass Canal Minimum Flow Methodology and Flow

(40D-8)


3

RULE STAFF RECOMMENDATION 9. Sulphur Springs Minimum Flow

Methodology and Flow (40D-8)


III. INACTIVE PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS AUTHORIZED INITIATION OF RULEMAKING - TO BE REMOVED FROM UPDATE RULE INITIATION DATE NEXT SCHEDULED

ACTION PROJECTED BOARD APPROVAL DATE

Nothing for February

Toi/S/Myfiles/Data/Recaps/RMUpdateFeb05.docFebruary 2, 2005

1

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT LITIGATION REPORT February 2005 (Changes in status since last month are in boldface type)

ADMINISTRATIVE PROCEEDINGS

STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 2/1/05)

Behrens, Alan v. SWFWMD and Has-Ben Groves/Case No. 03-1129

Division of Administrative Hearings/C. Stampelos

M. Moore Formal Administrative Proceedings on objection to issuance of WUP No. 20012410.000

Petition filed 2/19/03. 3/12/03 -Amended Petition filed. 3/25/03 - Referred to DOAH. Deposition of Behrens held 5/23/03. 6/24/03 – District's Motion for Summary Recommended Order of Dismissal and for Reasonable Costs and Attorney's Fees served. 6/30/03 – Petitioner's Notice of Voluntary Withdrawal served and Order Closing File entered. 7/2/03 – District's Notice to Pursue Motion for Reasonable Attorney's Fees and Costs Pursuant to Section 120.569(2)(e), F.S. served. Behrens Response filed 7/28/03. Hearing on District’s Motion held 11/13/03. 2/25/04 - Final Order issued finding that Behrens filed his petition for an improper purpose and imposing a sanction of $500.00 payable to the District within 45 days of the Order. 3/25/04 – Notice of Appeal filed. (See Appeals).

Blanco, Octavio v. SWFWMD, Entryway Developers, L.L.C., & Westfield Homes, Inc./Case No. 04-0003

Division of Administrative Hearings/D. Maloney

M. Lytle Formal Administrative Proceedings on objection to issuance of ERP No. 43024788.000

12/10/03 – Petition filed. 12/16/03 – Order of Dismissal Without Prejudice entered. 12/30/03 – Amended Petition filed. 12/31/03 – Notice of Referral filed. 7/20/04 – Notice of Hearing entered. Hearing held 8/31–9/1/04. Hearing continued and concluded on 10/13/04. Proposed Recommended Orders filed by all parties on 11/15/04. Final Order rendered 1/27/05.

Davidson, Lloyd v. SWFWMD and FDOT/Case No. 04-4482

Division of Administrative Hearings/C.A. Stampelos

M.B. McNeil Formal Administrative Proceedings on objection to issuance of ERP No. 43027063.000

11/8/04 – Letter objecting to issuance of permit received. 11/23/04 - Order of Dismissal Without Prejudice entered. 12/6/04 - Petition Amendment served. 12/15/04 - Referral letter to DOAH. 12/17/04 - Initial Order entered. 12/29/04 - Joint Response to Initial Order served. 12/30/04 - Notice of Hearing (set for March 15 & 16, 2005) served; Order of Pre-Hearing Instructions entered. 1/3/05 - Amended Notice of Hearing entered (changing location only). 1/5/05 - DOT discovery requests to Petitioners served. 1/19/05 - Petitioner served discovery request to DOT.

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M.A. Grondin Trust v. SWFWMD/Case No. 04-2963

Division of Administrative Hearings/D. Alexander

M. Moore Formal Administrative Proceedings on denial of ERP Application No. 49019187.000

8/16/04 – Petition for Formal Hearing filed. 8/18/04 – Notice of Referral to DOAH. 8/20/04 – Initial Order issued. 8/26/04 – Substitution of Counsel filed. 8/27/04 – Joint Response to Initial Order filed. Mediation scheduled for 10/28/04. 9/17/04 - Order Placing Case in Abeyance entered. 10/18/04 – Notice of Mediation served. Mediation held 10/28/04. 11/14/04 – Settlement Agreement approved by Governing Board. 11/24/04 – Notice of Settlement filed with DOAH and Order Closing file entered.

SWFWMD v. Robert McEwen/Case No. 04-2630


M. Moore Formal Administrative Proceedings on Objection to Administrative Complaint and Order concerning Well Construction Permit Violations

ACO served 6/11/04. 6/16/04- Request for Hearing. 7/20/04 - Referral to DOAH. 8/9/04 – Order of Pre-hearing Instructions. Hearing scheduled for 11/3/04. 10/8/04 – Notice of Taking Deposition Duces Tecum served. 10/13/04 – Respondent's Motion to Continue the Final Hearing and Notice of Cancellation of Taking Deposition Duces Tecum served; and Order Granting Continuance and Placing Case in Abeyance entered.

In re: Progress Energy Florida Hines Energy Center Power Block 4/Case No. 04-2817EPP

Division of Administrative Hearings/J. L. Johnston

M. Moore DOAH proceeding on Power Plant Site Certification Application No. PA-92-33SA3

8/5/04- Site Certification Application filed. 8/12/04 – DEP Notice of Filing List of Affected Agencies 8/12/04 – Notice of Receipt of Application and Request for assignment of ALJ. 8/12/04 – Initial Order. 8/20/04 – Statement of Completeness. 9/23/04 – District Notice of Intent to be Party. 10/1/04 – Joint Response to Initial Order, Filing of Schedule, Motion and Stipulation for Alteration of Time Frames. 12/14/04 – District Agency Report approved by Governing Board. Report filed with DEP 12/15/04.

Save the Homosassa River Alliance, Inc., James Bitter, Winston Perry, Alfred M. Dye, Trustee, and Shirley S. Dye, Trustee v. SWFWMD and Halls River Development, Inc./Case No. 02-0844

Division of Administrative Hearings/C.A. Stampelos

M. McNeil/ M. Lytle

Formal Administrative Proceedings on objection to issuance of ERP No. 44021328.000

Petition filed 1/9/02. Petition dismissed without prejudice on 1/18/02. Amended petition filed 2/1/02. Referred to DOAH on 2/6/02. Hearing held 9/11-13/02. 10/14/02 - Stipulated Motion to Correct Formal Administrative Hearing Transcript and Serve and File Proposed Recommended Order Within Twenty Days of Filing Corrected Transcript. 10/21/02 - Order (extending time to file PRO as above). 4/17/03 - Stipulated Motion to Stay Proceedings; Affidavit of Notice of Filing Certificate of Reporter served. 5/5/03 - Order staying final judgment until ruling is made in two circuit court cases and one appeal court case (non-District related) entered. 2/12/04 - Stipulated Motion to

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Continue Stay. 4/30/04 - Order Continuing Stay and Placing Case in Abeyance (until August 2, 2004, with status reports due at 30 day intervals) entered. 6/1/04 - Stipulated Status Report of the Parties served. 7/1/04 - Stipulated Status Report of the Parties served. 7/30/04 - Stipulated Status Report of the Parties served. 8/26/04 - Stipulated Status Report of the Parties served. 9/29/04 - Stipulated Status Report of the Parties served. 10/29/04 - Stipulated Status Report of the Parties served. 12/2/04 - Stipulated Status Report of the Parties served. 1/2/05 - Stipulated Status Report of the Parties served.

Sylvan Lea, Inc. v. SWFWMD/Case No. 03-0813


M.B. McNeil/D. Jackson

Formal Administrative Proceedings on objection to the District requiring an ERP.

2/24/03 - Petition for Formal Administrative Hearing filed. 3/5/03 - Notice of Referral letter sent to DOAH. 10/4/04 - Notice of Hearing entered (hearing set for 2/1 – 3/05); Order of Pre-Hearing Instructions entered. 11/24/04 - District's 2d Set of Interrogatories served. 12/22/04 - SWFWMD's Motion for Recommended Summary Final Order served. 12/27/04 - ALJ's Order (treating District's above Motion as a motion to relinquish jurisdiction) entered; Answers to 2d Set of Interrogatories served. 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).

Weidemeyer Land Trust and John Weidemeyer v. Pasco County and SWFWMD; Case No. 04-4256

Division of Administrative Hearings/J.L. Johnston

N. Spirtos Formal Administrative Proceedings on objection to issuance of Permit No. 43002875.004

11/5/04 – Petition objecting to issuance of permit received. 11/19/04 – Notice of Referral to DOAH. 11/22/04 – Initial Order issued. 12/3/04 – Coordinated Response to Initial Order and Notice of Appearance (of Joseph D. Richards) served. 1/3/05 – Notice of Hearing and Order of Pre-Hearing Instructions entered. Hearing scheduled for 5/12 & 5/13/05.

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DELEGATED ADMINISTRATIVE HEARING MATTERS

Billings, Glenda S. v. SWFWMD and R.F.H. III, Inc.

M. Moore Request for administrative proceedings objecting to Ridge Acres MSW No. 40732.002 - .007

11/15/04 – Letter received objecting to drainage system impact. 1/20/05 - Order of Dismissal Without Prejudice entered.

Hailey, Robert H., Jr. v. SWFWMD and Citrus County

N. Spirtos Formal Administrative Proceedings on objection to issuance of Permit 44024165.001.

9/13/04 - Petition for Formal Hearing filed. 9/20/04 - Petitioner and Respondent Citrus County met to negotiate a settlement. 9/23/04 - Counsel for Petitioner and Counsel for Citrus County provided written requests for a 90-day deferral of the referral to DOAH. 9/28/04 - Deferral granted through February 28, 2005.

E. R. Jahna Industries, Inc. v. SWFWMD

M. Moore Petition for Waiver of Rule 40D-1.6105, F.A.C.

11/19/04 – Petition received. 12/17/04 - RAI issued. 1/25/05 - Order Granting Petition for Rule Variance entered.

SICO, Inc. v. SWFWMD

M. McNeil

Request for Formal Administrative Hearing regarding District's Proposed Agency Action for Denial of ERP No. 44003012.011

9/22/04 - Petition for Formal Administrative Hearing filed. 10/5/04 - Letter from attorney for Petitioner agreeing to defer forwarding petition to DOAH for a period of 60 days from 10/4/04. 11/4/04 – Letter from attorney for Petitioner agreeing to defer forwarding petition to DOAH for a period of 60 days from 12/4/04. 12/14/04 - Consent Order No. SWF 04-098 approved by Governing Board. 12/28/04 - Notice of Dismissal served.

Yoder, Daphne v. SWFWMD and Bd. of County Commissioners, Sarasota County

D. Jackson Request for administrative proceedings objecting to ERP No. 43026682.000

11/19/04 – Request for hearing received. 11/23/04 – Order of Dismissal Without Prejudice entered. 12/14/04 – Notice of Entry of Final Order and Final Order of Dismissal With Prejudice entered.

ENFORCEMENT CASES

(Including Administrative Complaints)

SWFWMD v. Adventureland, Inc./Case No. 2004-CA-89

5th Judicial Circuit, Citrus County/P. Thomas

S. Rushing Complaint and Petition to Enforce Final Order for ERP violations

Complaint filed 1/6/04. Notice of Lis Pendens filed 1/29/04. Motion for Default filed 2/4/04. Default entered 2/6/04. 4/15/04 – Motion for Default Final Judgment filed. Hearing on motion held 7/15/04. July 15, 2004 – Default Final Judgment entered.

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Agreement to pay balance in 12 payments reached 12/31/04. First payment of $268.21 received 1/12/05.

SWFWMD v. Aloha Utilities, Inc./Case No. 51-2002-CA-2549-WS, Section G

6th Judicial Circuit, Pasco County/S.Mills

M. Lytle/S. Rushing

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. Depositions of Aloha witnesses held 8/28/03. 7/13/04 – Joint Stipulation to Stay Action served. 7/14/04 – Order Approving Joint Stipulaton to Stay Action entered.

SWFWMD v. Paul K. Bowser/Case No. 04-5746 CI 19

6th Judicial Circuit, Pinellas County/J. Lenderman

M. B. McNeil Complaint and Petition for Enforcement for well construction violations

8/4/04 - Complaint sent to be filed. 8/17/04 - Complaint served. 9/8/04 - Received response from Bowser - not filed with Court. Settlement Agreement approved at October Governing Board meeting. 11/1/04 -Settlement Agreement and Joint Motion for Consent Final Judgment sent for filing. 11/2/04 - Consent Final Judgment entered.

Governing Board of the St. Johns River Water Management District v. Vista Park Development, Inc./Case No. GCG-01-444-08

10th Judicial Circuit, Polk County/M. McCarthy

M. Moore/S. Rushing

Complaint and Petition for 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. SWFWMD Joinder in Plaintiff’s Motion to Substitute Parties, Motion for Leave to File Supplement to Complaint filed 3/3/04. 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. 9/17/04 - Signed Settlement Agreement filed with court. 9/21/04 – Consent Final Judgment entered. 12/17/04 – Motion to Withdraw filed by Vista Park attorney. 1/24/05 - Plaintiff's Motion for Contempt and Notice of Hearing served. Scheduled for 2/2/05.

SWFWMD v. HCH Holdings, Inc./Case No. 53-2004-CC-00-2833

County Court,Polk County/S. Selph

M. Moore Complaint for civil penalties for ERP violations

6/10/04 – Complaint filed. 6/18/04- Complaint served. 7/7/04 - Notice of Appearance Filed. 8/3/04 – Motion for Default Final Judgment served. 10/26/04 - Settlement Agreement approved by Governing Board. 11/9/04 – Order Approving

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Settlement Agreement entered. 1/26/05 - Satisfaction of Settlement Agreement and Final Disposition Form filed.

SWFWMD v. Joseph F. Miranda, Inc./Case No. 53-2004CC-004728-0000-00

Polk County/S. Selph M. Moore Complaint for civil penalties for unauthorized construction

Complaint filed 9/24/04, served on 10/1/04. Settlement Agreement presented to November Governing Board. 12/27/04 – Settlement Agreement filed. 1/4/05 - Order Approving Revised Settlement Agreement entered.

SWFWMD v. Lake Erie Corporation/Case No. 04CA1239

5th Judicial Circuit, Lake County/W. G. Law

S. Rushing/ N. Spirtos

Complaint and Petition for Enforcement of Consent Order 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 - SWFWMD's discovery requests served on Defendant. 9/28/04 - Joint Stipulation for Withdrawal of Attorney for Defendant served. 10/12/04 - Response to Request for Production served. 10/14/04 - Response to Plaintiff's First Request for Production of Documents and Things served. 10/19/04 - Plaintiff's Notice of No Objection to 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.

SWFWMD v. Richard Roy Landrigan/Case No. 04-8616-CC

County Court, Hillsborough County/A. McNeil

M.B. 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.

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SWFWMD v. George A. Long, III/Case No.

County Court, Polk County/

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.

SWFWMD v. Mid-Florida Portable Toilet Services, Inc./Case No. 04-345CCS

County Court, Highlands County/P. Estrada

M. Moore/S. Rushing

Complaint for civil penalties for unauthorized construction

7/22/04 – Complaint filed. Summons served 7/27/04. 8/12/04 – Motion to Dismiss filed. Hearing on Motion scheduled for 10/4/04. Motion not heard on 10/4/04, to be rescheduled. 10/13/04 – Amended Notice of Hearing served, hearing set for 12/1/04. 12/1/04 – Hearing on Defendant’s Motion to Dismiss – Motion Denied. Defendant’s deposition noticed for 1/5/05.

SWFWMD v. Polk Properties, Inc., et al./Case No. G99-1779-08

10th Judicial Circuit, Polk County/C. Moore

S. Rushing 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. Kenneth Sassaman, d/b/a Sassaman Pump and Sprinkler/Case No. 02-1332-CI-11

6th Judicial Circuit, Pinellas County/S. F. Schaeffer

S. Rushing Complaint and Petition for Enforcement of Final Order regarding well construction violations

Complaint and Petition for Enforcement filed 2/14/02. 2/19/04 - Kenneth Sassaman served. 3/10/04 - Sassaman served written responses to portions of Exhibit "A" to the Complaint, but failed to plead or otherwise defend the complaint itself. 3/23/04 - District served its Motion for Default by the Court. Settlement Agreement approved at October Board meeting. 10/28/04 - Joint Stipulation for Judgment sent for filing. 10/2/04 - Stipulated Final Judgment entered.

SWFWMD v. David K. Smith/Case No. 04-1907-CA

20th Judicial Circuit, Charlotte County/I. Anderson, Jr.

M. McNeil/S. Rushing

Complaint for MSSW permit violations

9/29/04 - Complaint filed; Summons issued. 10/4/04 - received letter from attorney for Defendant stating he would accept service of process. 10/5/04 - Summons and Complaint sent to Sheriff to serve on attorney. 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.

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SWFWMD v. Steven C. Smith, Teresa S. Smith & Good Life Development, Inc./Case No. 03CA1662-ES, Section Y

6th Judicial Circuit, Pasco County/L. Tepper



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.

SWFWMD v. Charles C. Stone, d/b/a Junior's Sod & Lawn Care/Case No. 04-7840-CI

6th Judicial Circuit, Pinellas County/A. Rondolino

M. McNeil Complaint and Petition for Enforcement of Administrative Complaint and Order No. 04-080

11/3/04 - Complaint and Petition for Enforcement filed. 11/10/04 - Return of Service received. Defendant not found. 12/21/04 - Sent Alias Summons to Clerk for issuance. 1/4/05 - Sent to private process server to attempt service.

SWFWMD v. Amanda Suggs/ DOAH Case No. 03-0787

Division of Administrative Hearings/L. Stevenson

J. Pepper/M. Lytle

Request for Administrative Hearing objecting to Administrative Complaint and Order for unpermitted construction activities

1/13/03 – Amanda Suggs served. Petition filed on 1/21/03. 1/24/03 - Order of Dismissal Without Prejudice entered. Amended Petition filed 2/10/03. Notice of Referral sent to DOAH 3/3/03. 3/31/03 - Order Consolidating DOAH Case Nos. 03-0787, 03-0788 and 03-1128 entered. 12/1/03 – Complainant's Motion to Amend Administrative Complaint and Order served. 12/17/03 – Order granting Complainant's Motion to Amend Administrative Complaint and Order entered. Hearing scheduled for May 17-20, 2004. 5/13/04 – Respondents' Motion to Bifurcate served. 5/17/04 – Respondents withdrew petitions for administrative hearing. 5/18/04 – Deborah Suggs' Motion to Relinquish Jurisdiction Pursuant to Section 120.57(1)(i), F.S. served. 5/19/04 – Complainant's Response to Deborah Suggs' Motion to Relinquish Jurisdiction Pursuant to Section 120.57(1)(i), F.S. served. 5/20/04 – Order Closing Files entered. 5/25/04 – Governing Board approved Final Order confirming finality of Administrative Complaint and Order. 5/27/04 – Notice of Entry of Final Order (with Final Order) served. 6/16/04 – Respondents' Request for Review by FLWAC filed. (See Appeals).

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SWFWMD v. Amber Suggs/DOAH Case No. 03-0788


J. Pepper/M. Lytle


2/5/03 – Amber Suggs served. Petition filed on 2/18/03. See DOAH Case No. 03-0787 above.

SWFWMD v. Deborah Suggs/DOAH Case No. 03-1128


J. Pepper/M Lytle.


3/5/03 – Deborah Suggs served. Petition filed on 3/17/03. Notice of Referral to DOAH sent 3/26/03. See DOAH Case No. 03-0787 above.

SWFWMD v. Danny J. Suggs, et al./Case No. 2003-CA-000724

5th Judicial Circuit, Sumter County/H. Stancil

J. Pepper/R. Fitzpatrick

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 Suggs-Krueger's Answer served. 10/23/03 – Defendant Joann Suggs-Krueger's Amended Answer served. 10/24/03 – Gary D. Suggs', Joseph M. Krueger's, Harold W. Steed's and Lisa Steed's Answer served. 3/2/04 –Order Granting Plaintiff's Motion for Temporary Injunction entered. 4/2/04 – Plaintiff's Motion for Partial Summary Judgment as to Enforceability of the Administrative Complaint and Order served. 5/4/04 - Response to District's Motion for Partial Summary Judgment served. 5/11/04 – Order denying Defendants' Motion for Stay/Motion to Modify Injunction entered. 5/13/04 – Defendants' Supplemental Response to Plaintiff's Motion for Partial Summary Judgment served. 6/9/04 – Plaintiff's Notice of Appeal of Non-Final Order served. (See Appeals). 6/11/04 – Order Granting Attorney's Fees (for motion to compel inspection of land) entered. 7/12/04 – Order Granting Attorney's Fees (for motion to compel production of documents) entered. 9/30/04 – Received check in payment of attorney's fees. 11/30/04 – Notice of Withdrawal as Counsel (Oertel, Fernandez, Cole & Bryant, P.A.) served. 12/13/04 – District's Motion for Contempt served. 1/4/05 – Notice of Hearing served. Hearing on Motion for Contempt and Status Conference scheduled for 3/1/05. 1/5/05 – Amended Notice of Hearing served. 1/19/05 – Defendants' Request to Produce served.

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SWFWMD v. SW Southeast Holdings, Inc.

Governing Board S. Rushing Administrative Complaint regarding unauthorized construction (fill & debris having been pushed into a borrow pit) without an ERP

8/27/04 - District issued Administrative Complaint. 12/9/04 - Respondent served with Administrative Complaint. 12/22/04 - Request for Extension of Time served. 1/4/05 - Order Granting Request for Extension of Time entered. 1/19/05 - Second Request for Extension of Time served. 1/28/05 - Order Denying Second Request for Extension of Time entered.

SWFWMD v. Lin Fung To, et al./ Case No. G-98-3485

10th Judicial Circuit, Polk County/H. Kornstein

S. Rushing/B. Paul

Complaint for unauthorized construction; wetland impacts.

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. 8/25/04 - Amended Notice of Mediation Conference served (set for 9/30/04). 9/30/04 - Mediation held. 10/7/04 - Plaintiff's Motion to Amend Complaint served. 10/8/04 - Notice of Continuation of Mediation Conference served. 10/11/04 - Order Granting Motion to Amend Complaint served (deeming Second Amended Complaint filed). 10/14/04 - Mediator's Notice of Impasse served. 11/1/04 - Plaintiff's Motion for Leave to File Its Third Amended Complaint (w/Third Amended Complaint) served. 11/3/04 - Order Granting Motion to Amend Complaint entered. 11/12/04 - Notice of Appearance (of Stephen H. Artman for Defendants) served. 12/16/04 - Answer to Plaintiff's Third Amended Complaint and Affirmative Defenses served.

SWFWMD v. Trimar Southeast Developments, Inc./Case No. 512003CA-3209ES, Section Y

6th Judicial Circuit, Pasco County/W. Cobb



Complaint filed 11/5/03. 11/13/03 – Registered Agent served. 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.

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MISCELLANEOUS


Bartow Municipal Airport Authority, et al. v. SWFWMD, et al./Civil Case No. 53-2004CA-4484

Circuit Court, Polk County/J. F. Laurent

S. Rushing Eminent Domain Proceeding with regard to property in Polk County subject to a Final Judgment, which the District had recorded in the County

12/17/04 - Summons to Show Cause served, together with Eminent Domain Order of Taking Hearing Order; Petition in Eminent Domain; Declaration of Taking and Estimate of Value; Notice of Lis Pendens; Notice of Adding Parties. 1/6/05 - Notice of Dropping Party served dropping the District from the lawsuit.

Great West Casualty Co., a/s/o Clement McKenzie v. SWFWMD and Michael V. Herr/Case No. 03-CC-28536, Div. I

County Court, Hillsborough County/C. Anderson

S. Pratico/S Rushing

Complaint for damages involving motor vehicle accident with District vehicle

Complaint and Summons served 1/13/04. 2/9/04 - SWFWMD's Answer & Affirmative Defenses served. 5/7/04 – District served Proposal for Settlement. 1/6/05 - Plaintiff offered to accept District's Proposal for Settlement.

Heartland Investments, LLC v. SFWMD, et al./Case No. GC04-580

10th Judicial Circuit, Highlands County/J. Langford

K. West/L. Tetreault

Suit for quiet title to certain real property in Highlands County

10/15/04 – Summons, Notice of Lis Pendens and Complaint filed. 11/10/04 – Service made on SWFWMD. 11/12/04 – District's Motion to Quash Process and Motion to Dismiss for Insufficiency of Process or Lack of Jurisdiction served. 12/1/04 – Order of Dismissal granted.

State of Florida Department of Transportation v. Florida Power Corp, et al./Case No. 51-2004-CA-2490-WS

6th Judicial Circuit, Pasco County/W. Lowell Bray, Jr.

K. West/G. Schiff

Suit to condemn District land for road widening

9/23/04 - Summons to Show Cause served, together with Lis Pendens, Petition, Declaration of Taking and Motion for Order Limiting Service of Papers. 10/15/04 - (Pasco County's) Answer and Affirmative Defenses served. 12/21/04 – Notice of Dropping Parties served.

Suggs, Deborah v. SWFWMD/ Case No. 2004-CA-000404

5th Judicial Circuit, Sumter County/H. Stancil


Complaint requesting injunction and declaratory judgment regarding administrative proceeding

Complaint filed 4/15/04. 4/16/04 – Complaint and Summons served. 4/27/04 – Motion for Preliminary Injunction served. 5/4/04 – Defendant's Motion to Dismiss and Motion for Assessment of Attorneys' Fees and Costs served. 5/16/04 – Order Denying Motion for Preliminary Injunction entered. 7/1/04 – Plaintiff's Notice of Voluntary Dismissal of Count II (Injunction) served. Hearing on Defendant's Motion to Dismiss held 8/16/04. 8/23/04 – Order Granting Motion to Dismiss entered. 9/21/04 – Notice of Appeal (of Order Granting Motion to Dismiss) entered. (See Appeals).

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SWFWMD v. Weeki Wachee Springs, LLC, et al./Case No. H-27-CA-2004-366-RT

5th Judicial Circuit, 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, With Prejudice, for Want of Subject Matter Jurisdiction, or for Reassignment Pursuant to Administrative Order, and Memorandum of Law in Support Thereof, Defendants' Objection to Plaintiff's Motion to Consolidate and Objection to, and Motion for Order Protecting Defendants from Premature Discovery served. 7/18/04 – Order Denying Motion to Dismiss Complaint with Prejudice, for Want of Subject Matter Jurisdiction, or For Reassignment 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 scheduled for 2/3/05.

Weeki Wachee Springs, LLC, et al. v. SWFWMD/Case No. H-0027-CC-2004-000252

Hernando County Court/D. Scaglione


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. 1/24/05 – Notice of Hearing served. Hearing on Motion to Transfer scheduled for 4/22/05.

Weeki Wachee Springs, LLC v SWFWMD/Case No. H27-CC-2004-739

Hernando County Court/D. Scaglione


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

13


to the Other, Pursuant to the Lease Between Them, Verified Motion for Temporary Mandatory and Prohibitory Injunctions, Summons, and Notice of Hearing (scheduled for 8/27/04) served. 8/30/04 – First Amendment to Verified Complaint for Declaratory Judgment for a) Temporary and Permanent Mandatory and Prohibitory Injunctions; and b) Declaratory Judgment; Each Regarding c) the Rights and Duties of a Landlord and Tenant, Each to the Other, Pursuant to the Lease Between Them served. 9/27/04 – Notice of Filing (Affidavit of Service) served.

APPEALS

Behrens, Alan R. v. SWFWMD/ Case No. 2D04-1250

2d District Court of Appeal

M. Moore Appeal of Final Order issued in DOAH Case No. 03-1129

3/26/04 - Notice of Appeal filed. 7/02/04 – Appellant’s Initial Brief and Appendix filed. 7/15/04 - Appellee’s Motion to Strike Appellant’s Brief filed. 7/15/04 – Appellant’s Motion for Extension of Time for Submitting Affidavits in Support of Initial Brief filed. 7/20/04- Appellee’s Objection to Appellant’s Motion to Extension of Time filed. 8/5/04 – Order issued denying Appellant’s Motion for Extension of Time for Submitting Affidavits, granting Appellee-District’s Motion to Strike Brief and according Appellant 15 days to serve amended brief. 8/7/04 – Appellant’s Motion to Request Oral Argument filed. 9/24/04 – Amended Initial Brief filed. 10/18/04 – Appellee's Answer Brief and Appendix served. 11/10/04 – Appellant’s Motion for Extension of Time in which to File Reply Brief and for Additional 5 Pages served. 11/22/04 – Appellant’s Notice That No Reply Brief Will Be Filed served. 12/17/04 – Oral Argument assigned for 2/22/05.

Suggs, Amanda, et al. v. SWFWMD/Case No. WMD–04-008

Fla. Land and Water Adjudicatory Commission

J. Pepper Request for Review of Final Order No. SWF 04-040 entered in DOAH Case Nos. 03-0787, 03-0788 and 03-1128

6/16/04 – Request for Review of Final Order of SWFWMD served. 6/24/04 – Notice of Filing Transcript served. 6/30/04 – Respondent's Motion to Dismiss Request for Review served. 7/1/04 – (DEP's) Recommendation of Dismissal for Lack of Jurisdiction and (DEP's) Motion to Consolidate and for Extension of Time served. 7/13/04 – Petitioners' Response to Motion to Dismiss, and Recommendation of Dismissal for Lack of Jurisdiction, and Petitioners' Motion to Amend served. 7/20/04 – Respondent's Reply to

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Petitioners' Response to Motion to Dismiss Request for Review served. 8/30/04 – Final Order of Dismissal filed. 9/22/04 – Notice of Appeal served. (See Case No. 1D04-4230 below)

Suggs, Amanda, et al. v. SWFWMD and FLWAC/Case No. 1D04-4230

1st District Court of Appeal

J. Pepper Appeal of Final Order of Dismissal of the Florida Land and Water Adjudicatory Commission

9/22/04 – Notice of Appeal served. 10/7/04 – Index to Record on Appeal served. 10/20/04 – Amended Index to Record on Appeal served. 1/7/05 – Initial Brief of Appellants Amanda J. Suggs, Amber Suggs and Deborah Suggs, and Appellants' Request for Oral Argument served. 1/25/05 – Answer Brief of Appellee SWFWMD served. 1/31/05 – Brief of Appellee, DEP, served.

Suggs, Deborah v. SWFWMD/Case No. 5D04-3220

5th District Court of Appeal


Appeal of Order Granting Motion to Dismiss in Case No. 2004-CA-000404

9/21/04 – Notice of Appeal served. 9/28/04 – Acknowledgment of New Case entered. 10/11/04 – Appellee's Motion to Dismiss Appeal served. 11/5/04 – Index to Record on Appeal served. 11/17/04 – Order granting motion to dismiss 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-2004-366-RT

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 for Writ of Prohibition, or in The Alternative, Notice of Appeal of Non-Final Order/Motion for Sanctions Including Imposition of Attorneys' Fees and Costs and Sanctions Against Petitioners or Their Counsel 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 for Writ of Prohibition, Conditional Motion to Amend Petition for Writ of Prohibition, and Motion for Attorneys' Fees. 8/27/04 - District's Motion to Dismiss – Plaintiffs' (Appellants' (sic)) Amended Petition for Writ of Prohibition, or in the alternative, Notice of Appeal of Non-Final Order 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

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served. 9/29/04 – Notices of Filing (Defendants' Motion for Assessment of Attorneys' Fees Against Plaintiff, Pursuant to Section 57.105, F.S.; Plaintiffs' Motion for Assessment of Attorneys' Fees Against Defendant, Pursuant to Section 57.105, F.S.; and Plaintiffs/Appellants' Motion for Assessment of Attorneys' Fees Against Defendant/Appellee, Pursuant to Section 57.105, F.S.) served. 10/1/04 – Appellants' Response in Opposition to Appellee's Motion to Dismiss Appellants' Notice of Appeal of Non-Final Order, and Notice of Appearance of Counsel 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.

Governing Board Meeting February 22-23, 2005 Administration and Regulation Business Agenda Committee Reports and Recommendations 76. Regulation Committee (Tab A) 77. Resource Management and Development Committee (Tab B) 78. Finance and Administration Committee (Tab C) 79. Outreach and Planning Committee (Tab D) Consent Items 80. Board Travel .................................................................................................................... 2 81. January 25, 2005 Governing Board Meeting Minutes ..................................................... 2 82. Satisfaction of Tampa Bay Water Resolution No. 2000-21 ............................................. 2 83. Presented to the Coastal Rivers Basin Board - First Amendment to the Agreement Between the District and the City of Brooksville Construction of US 41 South Service Area Reuse System ............................................. 4 84. Presented to the Manasota Basin Board - Facilitating Agricultural Resource Management Systems - ESDA, Inc. ............................................................... 5 85. Presented to the Northwest Hillsborough Basin Board - Lake Armistead Water

Conservation Structure: Dock Replacements and Shoreline Stabilization ...................... 6 86. Presented to the Peace River Basin Board

a. Aquifer Performance Test at the City of Lakeland's Combee Water Treatment Plant .............................................................................................. 9

b. Facilitating Agricultural Resource Management Systems - Lykes Bros. Inc. .......... 10 87. Presented to the Withlacoochee River Basin Board a. Bushnell Stormwater Infrastructure Improvements, Second Amendment .............. 11 b. Marion County - Post Process Topographic Data ................................................... 13

Administration & Regular Business Agenda - 2 - February 22-23, 2005 Committee Reports and Recommendations 76. Regulation Committee (Tab A) 77. Resource Management and Development Committee (Tab B) 78. Finance and Administration Committee (Tab C) 79. Outreach and Planning Committee (Tab D) Consent Items 80. 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 Chairman, or in his absence, the Vice Chairman. As of February 9, 2005, the following travel outside the geographic boundaries of the District is scheduled:

Name Estimated Cost Purpose

T. G. “Jerry” Rice

$800; travel costs include registration, mileage, ground transportation, meals and lodging.

Florida Chamber’s 21st Annual Growth Management and Permitting Short Course; March 2-4, 2005; Orlando

Staff Recommendation: Approve Governing Board travel as designated above.

Presenter: Lou Kavouras, Director, Boards and Executive Services

81. January 25, 2005 Governing Board Meeting Minutes


82. Satisfaction of Tampa Bay Water Resolution No. 2000-21

On June 26, 2000, Tampa Bay Water (TBW) submitted a request in writing to the District to acquire land for the Regional Reservoir. During consideration of this request and its eventual approval on August 29, 2000, the District's Governing Board expressed its expectation that TBW spend on new water supply projects (excluding ground-water projects) an amount equal

Administration & Regular Business Agenda - 3 - February 22-23, 2005

to 50 percent ($13 million) of the funds expended by the District for acquiring land for the Regional Reservoir and related wetland mitigation. The Governing Board further expressed that TBW should expend this amount prior to seeking additional District funding for projects proposed to meet additional potable water demands projected for the period 2011 through 2020. On September 18, 2000, TBW's Board of Directors adopted Resolution No. 2000-21 requiring TBW to meet the Governing Board's funding expectations. The purpose of the resolution was to affirm the necessity for TBW to develop the Regional Reservoir and express TBW's support of the District's acquisition of property for use by TBW in the reservoir project. In a letter to the District dated January 10, 2005, Jerry Maxwell, General Manager for TBW, provided documentation indicating that they anticipate meeting this requirement by March 2005. The attached table outlines these expenditures. The importance of recognizing TBW's anticipated compliance with this resolution is that the District is currently in the process of finalizing the agreement for the West Pasco Infrastructure Improvements Project. The purpose of the project is to connect the isolated Starkey and North Pasco wellfields to the regional water supply system. The project provides an additional source of water to the area and enables TBW to reduce pumping at these well fields in order to achieve recovery. Resolution No. 2000-21 must be satisfied prior to the District reimbursing TBW for any costs associated with the project since this is the first new water supply project TBW has requested District funding for since the time the resolution was adopted. The following table details Tampa Bay Water's expenditures intended to meet the $13 million obligation outlined in Resolution 2000-21:

Project Name Budget Expenditures

to Date (Dec 2004)

Estimated Expenditures thru Mar 2005

Anticipated Completion

Date

Eligible Projects Gulf Coast Desalination Plant

(BODR and Pilot Plant) $4,510,000 $4,275,484 $4,510,000 March 2005

Brandon/South-Central Connection $7,548,000 $6,724,966 $6,879,253 November 2004

Long-Term Water Supply Plan $1,265,750 $1,265,750 $1,265,750 -

Long-Term Water Supply Planning Program Assistance $42,680 $42,680 $42,680 -

Small Footprint RO $61,281 $61,281 $61,281 -

Downstream Augmentation of the Alafia River $69,966 $69,966 $69,966 -

Interconnects with Other Utilities $44,367 $44,367 $44,367 -

Enhancements to Existing Facilities $49,988 $49,988 $49,988 -

Stage A Feasibility and Develop-mental Stage II Studies (FY04) $600,000 $14,300 $14,300 -

Cargill Reclaimed Water Exchange $2,424,510 $198,838 $258,838 January 2007

Total $16,616,542 $12,747,620 $13,196,423


Staff Recommendation: See Exhibit 82 Concur with staff that the expenditures listed in the table above (see letter from Jerry Maxwell to David Moore dated January 10, 2005) meet the requirements outlined in Resolution No. 2000-21 and that the West Pasco Improvements project is eligible for funding once these expenditures equal or exceed $13 million. Presenter: Gregg W. Jones, P.G., Director, Resource Conservation & Development Dept.

83. Presented to the Coastal Rivers Basin Board - First Amendment to the Agreement

Between the District and the City of Brooksville Construction of US 41 South Service Area Reuse System

In response to a Cooperative Funding Initiative request from the City of Brooksville, the Coastal Rivers Basin Board included funding for "Construction of US 41 South Service Area Reuse System" in its fiscal year (FY) 2004 and 2005 budgets. The agreement for the project was executed on June 1, 2004. The City is requesting a no-cost amendment to the scope of work for the project; however, the City submitted an FY2006 funding request associated with third year project funding, and additional funding for a scope change for the board to consider. The amendment requested in February is simply to change the scope of work, but not to change the budget. Staff would like the board to have the opportunity to consider the additional funding requested in the context of all of the funding requests for FY2006. The project, as originally proposed and submitted in the FY2004 Cooperative Funding Initiative, was for the construction of approximately 15,700 linear feet of 12-inch reclaimed water main, one 1.0 mg reject water storage pond, two 0.5 mg storage tanks, three 3 mg storage/irrigation ponds, and two 1.0 mgd pump stations. The infrastructure will provide reclaimed water from a wastewater treatment plant (WWTP) that was to be constructed concurrently with the reclaimed water infrastructure to a golf course to be constructed at the Southern Hills Plantation development, located on the east side of U.S. Highway 41, south of the City of Brooksville. Rather than construct a new WWTP, the City of Brooksville would now like to expand the capacity of its current WWTP located on Cobb Road (U.S. 98) from 1.6 mgd to 4 mgd, and to bring the WWTP up to Florida Department of Environmental Protection standards for unrestricted public access reuse. Expansion of the existing WWTP makes economic sense to Brooksville in that it reduces the long-term staffing and maintenance costs that would be required to operate two separate WWTPs. Additionally, a reclaimed water transmission main from the Cobb Road WWTP to the U.S. 41 South Service Area would pass in close proximity to several large parcels planned for future residential development, providing greater opportunities for reuse system expansion and additional potable water offset. Finally, the WWTP decision will result in the city being able to attain reuse flows upon project completion that were originally not anticipated until the year 2015. Although the WWTP is not eligible for cooperative funding as part of the approved reclaimed water project, the WWTP decision affects the reuse system being designed to serve the Southern Hills Plantation. Therefore, the city would like to change the Scope of Work of the project to include an extension of reclaimed water transmission main from the proposed WWTP (near Southern Hills development) to the existing WWTP (on Cobb Road). Whereas this change in the Scope of Work results in additional project costs, the amendment requested at this time does not increase the District's funding commitment to the project.


According to the agreement, funding for this project was provided over multiple years, pending inclusion in the Basin Board's future budgets, with the last year of funding being FY2006. The City understands, and the project agreement specifies, that although the project (already under construction) will be completed in May 2005, the District will not be able reimburse the last portion of its share of funding until after the FY2006 budget is adopted and funds are encumbered. The amendment being requested at this time is for a change in the scope of work to reflect the modifications to the project as a result of the city’s WWTP decision. Should the Coastal Rivers Basin Board include the city’s FY2006 Cooperative Funding Initiative request that includes funding for the additional portion for the project, the total project cost will be increased by approximately $360,000 and the board’s 50 percent funding share will consequently increase by $180,000. If that scenario occurs, a second amendment will be brought to the board for its approval after the FY2006 budget is adopted. A copy of the agreement is available upon request. To summarize, the amendment requested at this time is to change the scope of work to modify the project to reflect the city’s WWTP decision. Depending upon the speed at which the city is able to publish a construction bid for the additional pipeline segments, the construction completion date may be extended by a few months; however, it will not exceed the contract period. Staff Recommendation: Recommend the Governing Board approve the no-cost amendment to the agreement effective as of the 15th day of August 2004, with the City of Brooksville, and authorize the Executive Director to execute the agreement. Presenter: Gregg W. Jones, P.G., Director, Resource Conservation & Development Dept.

84. Presented to the Manasota Basin Board - Facilitating Agricultural Resource

Management Systems - ESDA, Inc.

Staff requests approval for the Facilitating Agricultural Resource Management Systems (FARMS) ESDA Project. 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, field demonstration agricultural BMPs that will provide water resource benefits. The FARMS Program, developed by the District and Florida Department of Agriculture and Consumer Services (FDACS), 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. FARMS Program staff has received a FARMS project proposal for ESDA, Inc., a 328-acre dairy farm operation which includes +151.5-acres of irrigated pasture located, approximately 15 miles east of the Sarasota city limits and three miles west of Myakka City, in Manatee County. The property is located within the Southern Water Use Caution Area (SWUCA), two miles southeast of the Most Impacted Area (MIA). The property drains towards Ogleby Creek and Tatum Sawgrass Slough, in the Upper Myakka River Watershed. The dairy is permitted to withdraw an annual average of 120,000 gallons per day (gpd) of ground water. The site


currently utilizes ground water for watering, flushing, cleaning and other watering needs for 705 head of dairy cattle. Ground-water withdrawals are from two lower intermediate aquifer wells and one upper Floridan aquifer well. The primary goal of this project is to reduce potential downstream nutrient loading by improving water quality through an extended capture and reuse system. This project will also reduce ground-water pumpage. The project includes the construction and installation of a 14-acre wastewater storage pond equipped with an irrigation and flush water recycle pump station with an automatic water level controller. The wastewater management design consists of a concrete waste transfer and recovery canal, sand trap, manure solids separator, and sump area. The waste storage pond will serve two main functions. First, the recycled wastewater from the waste storage pond will be used to irrigate a pasture composed of grasses and legumes, which will offset ground water pumping. This will reduce downstream nutrient loading through uptake by grass and legume crops. Secondly, filtered wastewater will be conveyed to storage tanks and recycled to flush the cattle barns. A Natural Resources Conservation Service (NRCS) engineering analysis estimated water savings of approximately 45,000 gpd by recycling waste storage pond water to the confinement barn flush tanks. This will further reduce downstream nutrient loading impacts. The total cost for the project is estimated to be $976,243. This project has been awarded cost-share funds from the NRCS Environmental Quality Incentives Program (EQIP) in the amount of $388,000. Because the project seeks improved water quality, it was determined that the project is eligible for FARMS reimbursement funding not to exceed $143,943. ESDA, Inc, will remain responsible for an estimated $444,300, or the remainder of total project costs. Staff Recommendation: Approve the ESDA, Inc. FARMS Project for a not-to-exceed project reimbursement of $143,943 where $50,380, or 35 percent of eligible project costs is funded by the Manasota Basin, $43,183, or 30 percent of eligible project costs is funded from State appropriated funds via the Manasota Basin, and 35 percent, $50,380 is funded by FDACS. Presenter: Gregg W. Jones, P.G., Director, Resource Conservation and Development Dept.

85. Presented to the Northwest Hillsborough Basin Board - Lake Armistead Water

Conservation Structure: Dock Replacements and Shoreline Stabilization

Purpose Provide funding for Lake Armistead dock modifications due to increased lake levels related to the construction and operation of a new outfall structure. Lake residents have expressed a concern over the District's recommendation of 42.2 ft. NGVD as the seasonal high lake level. This elevation is desirable from an environmental standpoint and is consistent with Minimum Flows and Levels (MFL) goals, however it would impact existing shoreline facilities. The residents' concern is primarily related to existing dock elevations on the lake. Raising the docks would allow water managers to maintain higher lake levels and realize the intended environmental benefits that the new structure was designed to provide. Background Water levels in Lake Armistead and adjacent wetlands have been fluctuating below this desirable level for several decades. Water level declines are due to development, groundwater pumping and drainage improvement projects. Several years ago, Lake


Armistead lake-front property owners and members of the Northwest Hillsborough Basin Board agreed to explore the idea of constructing a water conservation structure at the outflow of Lake Armistead into Rocky Creek. There was no water control structure at the site at that time. The District contracted with a consultant to model the impacts of such a structure to both the lake and the downstream reach of Rocky Creek. Several public meetings were held in the Lake Armistead area in late 2002 and in early 2003. The purpose of the meetings was to obtain local citizen input and concurrence to build the water conservation structure. The structure would be built to aid in maintaining Lake Armistead at higher levels on the average, and at the same time, maintain acceptable flow downstream in Rocky Creek. After conducting the public meetings, gaining general agreement from local citizens and obtaining approval from the Northwest Hillsborough Basin Board, District staff initiated construction of a fixed crest, non-operable water conservation structure in May 2003. At that time, Lake Armistead levels were down and there was no discharge from the lake. Near the completion of the structure, very intense rainfall events in early June quickly brought Lake Armistead to its overflow level and the construction site was inundated. The lake reached very high levels several times during the summer of 2003. The peak elevation was approximately 45.0 ft. NGVD. Though no homes were flooded, many residents became concerned that the level set for the structure, 42.2 ft. NGVD, would result in unacceptable sustained high water elevations. Seven docks, specifically those under the 43.0 ft. elevation, remained underwater throughout the summer and the level of citizen anxiety increased during the high rainfall period. Again in 2004, another year of heavy rainfall, these seven docks were inundated for much of the summer. District staff conducted another public meeting in October 2003 to discuss the water conservation structure with citizenry from the Lake Armistead area. After lengthy discussion, the citizens attending the meeting requested the District consider redesigning the structure so that it would be operable, similar to that in operation now at Lake Pretty. The Lake Pretty structure has control gates and can be operated remotely by District staff to react quickly to changes in forecast weather conditions. The citizens recognized that the District would have a wider range of control during heavy rainfall periods and that higher average levels for the lake could still be achieved. District staff agreed that this approach is logical though more costly to construct, operate and maintain than the original proposed structure. All of the citizens in attendance at the October 2003 meeting were in favor of the District building an operable water conservation structure with the capability to be fully opened in heavy rainfall events. In February 2004, the Basin Board approved the concept and the structure was redesigned. Since that time, construction of the concrete weir has been completed and the gates were delivered in late December 2004. Installation is scheduled to begin in January 2005. Alternative Courses of Action The option to take no action regarding dock elevation modifications would prohibit the District from operating the structure to the 42.2 ft. elevation. Raising the docks would allow for higher lake levels for the intended environmental benefits and improved recreational benefits. Cost and Budget Considerations The original Basin Board budget for this project was $300,000 (fiscal years 1997 and 1998). To date, $100,000 has been spent on consulting services and approximately $166,500 has been expended in the construction of the structure including the cost of the gates. From the original appropriation, remaining funds in the amount of $33,500 are available and will cover


related costs of the actual gate installation and any contingencies that may arise. Dock modifications were not budgeted and are an additional cost to be considered. Current estimates indicate the cost of out-sourced construction services will be approximately $115,700 for in-kind replacement of seven docks and two boathouses. Also included is the cost to stabilize the property adjacent to the new structure, which is experiencing erosion at the rear corner of the home, related to the higher levels.

ITEMIZED COST PROJECTION FOR IN-KIND REPLACEMENT

Description (In feet) Square Feet Cost Total

Owner 1 Remove dock & boathouse 12x12 dock and 4x50 walkway

344 344

$1,720 $7,568 $9,288

Owner 2

Remove dock & boathouse 16x19 dock and 4x95 walkway Boathouse roof – 18x26 Lift, pile & bench

1152 684 468

$4,608 $15,048 $7,020 $2,360

$29,036

Owner 3 Remove dock 12.5x10.5 dock and 3x60 walkway Bench & Handrail

312 312

$1,560 $6,864

$440 $8,864

Owner 4

Remove dock & boathouse roof 12x13 dock and 4x76 walkway Construct roof – 14x24 Replace lift & bench

796 460 336

$3,184 $10,120 $4,704 $2,176

$20,184

Owner 5 Remove dock 12x12 dock and 4x120 walkway

624 624

$2,496 $13,728 $16,224

Owner 6 Remove dock Replace same

488 488

$1,952 $10,736 $12,688

Owner 7 Remove dock 6x12 dock and 4x34 walkway

168 208

$840 $3,568 $4,408

Owner 8 Erosion stabilization $15,000 $15,000

TOTAL $115,692 The probable cost projection shown here is based on one complete contractor estimate for replacing the docks and boathouse roofs. Two other contractors were solicited but have not provided quotes. A formal Request for Bids will be issued after receiving Basin Board approval. Other pertinent information such as adopted levels, permitting requirements, comparable cost for floating docks, dock age, hydrographs and photos were presented at the February Northwest Hillsborough Basin Board meeting. Staff Recommendation: Approve appropriation of $115,700 from the Northwest Hillsborough Basin Board contingency funds for the construction/modification of Lake Armistead docks/structures and erosion control; and direct District staff to proceed with selection of a contractor, and enter into an agreement with the lowest responsive and responsible bidder to provide construction services. Presenter: Gary Kuhl, Director, Operations Department

Administration & Regular Business Agenda - 9 - February 22-23, 2005 86. Presented to the Peace River Basin Board

a. Aquifer Performance Test at the City of Lakeland's Combee Water Treatment Plant

Staff requests approval to cooperatively fund, with the city of Lakeland, the construction of a production well and accompanying observation wells for use in an aquifer performance test in northwestern Polk County. The city of Lakeland is located in northwest Polk County along the southern boundary of the Green Swamp in an area where the Floridan aquifer transitions from a well confined aquifer to a more leaky/unconfined aquifer. Because of the high rate of growth that is occurring, the city is actively investigating the expansion of their water supplies to meet future water demands. Though the northern boundary of the Southern Water Use Caution Area (SWUCA) runs through the city, ground water remains a viable water supply option for the area. Future requests for groundwater withdrawals, however, will need to be consistent with the SWUCA Recovery Plan. Because the intermediate confining unit overlying the Upper Floridan aquifer becomes thin and discontinuous in a northerly direction in this area, a major resource concern is the potential impact withdrawals can have on surface water features. Evaluations of future withdrawals in this area will need to consider the potential impact to surface water levels in order to protect the habitats associated with these surface features. As part of the Regional Observation Monitoring-well Program (ROMP), the District constructs monitor wells and conducts aquifer performance tests (APT) to monitor water levels and quantify hydraulic characteristics of the aquifer for different areas. The "aquifer characteristics" are incorporated into the District's regional groundwater flow models, as well as permitting models, to represent the groundwater system. The models are used as tools to quantify the effects of groundwater withdrawals and assess water supply availability. In northern Polk County aquifer characteristic data are sparse. Because of the high rate of growth, the area has been identified as an area needing additional aquifer characteristics data to improve our knowledge of the spatial variability of these data. Of particular importance is obtaining geologic data and hydraulic characteristics for the intermediate confining unit overlying the Upper Floridan aquifer. In early January 2005, District staff met with the city of Lakeland and their consultant to discuss a proposed data collection program for the intermediate confining unit and Upper Floridan aquifer in the northwest Polk County area. The site that was selected was city property associated with the city's Combee Water Treatment Plant (WTP), located east of Lake Parker and south of Interstate Highway 4. As proposed, one production well and a pair of observation wells open to the surficial and Upper Floridan aquifers at two sites within about 500 feet of the production well would be constructed and tested. Following completion of construction of the wells and the collection of geologic data during construction, the District's Resource Data Section and Resource Regulation staff will perform the APT. The total cost of the project is estimated at $300,000, with the city of Lakeland and Peace River Basin Board sharing the cost at $150,000 each. At the Peace River Basin Board meeting, staff requested approval to transfer $150,000 from the Basin's Water Supply and Resource Development Reserve to fund this project.


Staff Recommendation: Approve the agreement with the city of Lakeland for a total amount of $300,000, with the Peace River Basin Board’s share not to exceed $150,000; and authorize the Executive Director to execute the agreement. Presenter: Gregg Jones, P.G., Director, Resource Conservation and Development Dept.

b. Facilitating Agricultural Resource Management Systems - Lykes Bros. Inc.

Staff requests approval to enter into a Facilitating Agricultural Resource Management Systems (FARMS) agreement with Lykes Bros. Inc. 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, field demonstration agricultural BMPs that will provide water resource benefits. The FARMS Program, developed by the District and Florida Department of Agriculture and Consumer Services (FDACS), 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. The FARMS Team has received a project proposal from Lykes Bros., Inc. for their 1,578-acre citrus grove located approximately three miles north of the town of Lake Placid, in Highlands County. The property is approximately 1,843 acres in size and predominately drains to Lake Istokpoga to the east. Nine upper Floridan wells, some of which penetrate to depths in excess of 1,500 feet below land surface, are used for irrigation using under tree spray jets. The Water Use Permit for the farm authorizes an annual average ground-water withdrawal of 2.5 million gallons per day (mgd). Recent pumpage reporting indicates withdrawals of approximately 1.7 mgd, or 68 percent of permitted quantities. The primary goal of the proposed project is to reduce ground water use through the installation and operation of nine, remote soil moisture stations. The soil moisture data collected from the stations will be transmitted to the project's central computer for analysis and storage. These data will allow Lykes to optimize irrigation frequency and duration at each of the nine irrigation pump stations. It is expected that the soil moisture data, collected in four different vertical depths at each station, will allow Lykes to shorten irrigation events by applying moisture to the root zone only. Once the necessary moisture content is reached, the pump will be turned off. This type of precision irrigation management allows for reduced water use, reduced fertilizer leaching and reduced fuel consumption. Lykes has expressed an interest in upgrading the proposed system to become fully automated, with irrigation decisions made by the project's central computer. This future upgrade would be handled under a Phase II project and is contingent upon the successful implementation of the proposed project. The Lykes' project involves predominately water quantity BMPs. Therefore, the project qualifies for a 50 percent cost-share reimbursement rate under the FARMS Program. The project cost is estimated at $225,000 with a FARMS program reimbursement of $112,500 (50 percent of $225,000). Using an estimated five percent savings of permitted quantities, or approximately 125,000 gpd, and a proposed contract length of five years, yields a daily cost of $1.17 per 1,000 gallons of ground water reduced, with an annualized cost per acre


of $34.40. These values are below the estimated BMP costs developed for the District's Regional Water Supply Plan. Funding for the project will be taken from the fiscal year 2003 state appropriation to the Peace River Basin Board. Staff Recommendation: See Exhibit 86.b. Approve the agreement with Lykes Bros., Inc., for the Lykes Bros., Inc. FARMS Project for a not-to-exceed project reimbursement of $112,500; and authorize the Executive Director to execute the agreement. Presenter: Gregg Jones, P.G., Director, Resource Conservation and Development Dept.

87. Presented to the Withlacoochee River Basin Board a. Bushnell Stormwater Infrastructure Improvements, Second Amendment

In response to a Cooperative Funding Request, the District entered into an agreement with the City of Bushnell for the Bushnell Stormwater Infrastructure Improvements (Agreement No. 01CON000110) on February 19, 2001, to address flood protection and water quality issues. The original project included the construction of four stormwater management areas providing flood relief for 32 residences, a school, and a church. The City experienced delays associated with land acquisition, design and permitting, changes in the scope of work, and an increase in the probable construction cost. The City requested and was granted the First Amendment on September 9, 2003, to extend the contract period from September 20, 2004 to February 20, 2005, reduce the number of stormwater management areas from four to three, and increase the total project budget by $150,500 from $825,000 to $975,500, with no additional funding from the District. The City lost $446,005 of the $550,000 Community Development Block grant due to project delays and requested the District amend the agreement to reduce their funding, reduce the scope of work, and extend the contract period. The City requested the total project budget be reduced by $557,942 from $975,500 to $417,558, with no reduction in funding from the District; the number of stormwater management areas be reduced from three to one; and, the contract period be extended by 14 months from February 20, 2005 to April 20, 2006. The City was issued Environmental Resource Permit number 44024339.001 with approval to construct the project in phases. The City has finished the property appraisals and stands ready to complete the land acquisition process and bid documents for construction. The City's anticipated construction completion date is February 20, 2006. The City of Bushnell historically has experienced flooding problems in areas on the west side of the City. This problem area was examined during a District funded study in 1994. This project is the implementation of alternatives from the study and consists of design, permitting, land/easement acquisition, and construction of one stormwater management area (Sid's Pond) to address flood protection and water quality issues within the watershed by providing additional storage for stormwater runoff. Construction of the Sid's Pond stormwater management area will provide additional storage and directly benefit 18 residences, a school, and a church that experienced severe flooding in 1998 and 2003. The requested changes in the project schedule and budget are tabulated below.


SCHEDULE CHANGE

Task Description First Amendment Dates

Second Amendment Dates

1. Design Plans, Final Design Report and Permitting December 20, 2003 Completed 2. Land / Easement Acquisition March 20, 2004 May 20, 2005 3. Specifications and Bidding Documents March 20, 2004 August 20, 2005 4. Bidding May 20, 2004 October 20, 2005 5. Construction November 20, 2004 February 20, 2006 6. Agreement Termination February 20, 2005 April 20, 2006

BUDGET CHANGE

Original Budget

First AmendmentBudget

Proposed Change

Second Amendment

Budget Task Description

District City District City District City District City 1. Design Plans, Final

Design Report, and Permitting

30,000 66,000 30,000 111,000 (30,000) (51,167) 0 59,833

2. Land / Easement Acquisition 30,000 30,000 30,000 100,000 90,000 (73,414) 120,000 26,586

3. Specifications and Bidding Documents

1,000 2,000 1,000 2,000 750 0 1750 2,000

4. Bidding 500 500 500 1,000 (500) (250) 0 7505. Construction 213,500 451,500 213,500 486,500 (60,250) (433,111) 153,250 53,389Total 275,000 550,000 275,000 700,500 0 (557,942) 275,000 142,558 $417,558

The City of Bushnell will administer the contracts with consultants and contractors. The District shall approve all agreements and construction documents prior to execution of the project parts. The total project budget is $417,558 with $142,558 being provided by the City, with no change in the Basin’s funding share of $275,000. Impacts if not approved include flood relief benefits for 18 residences, a school, and a church that experienced severe flooding in 1998 and 2003 will not be realized, and $103,995 of state and local dollars has been expended on this project for administration, surveying, design, permitting, and property appraisals. A copy of the Second Amendment is available upon request. Staff Recommendation: Approve the Second Amendment with the City of Bushnell to decrease the agreement by $557,942 (with no change to the District's share), from a total contract amount of $975,500 to $417,558, with the Withlacoochee River Basin Board’s share not to exceed $275,000; extend the contract period; modify the scope of work; and authorize the Executive Director to execute the Second Amendment. Presenter: Mark A. Hammond, Director, Resource Management Department

Administration & Regular Business Agenda - 13 - February 22-23, 2005 b. Marion County - Post Process Topographic Data

In response to a cooperative funding request from Marion County, the Withlacoochee River Basin Board included funding for the Marion County - Post Process Topographic Data (L339) in its fiscal year (FY) 2005 budget. In FY2004, the Withlacoochee River Basin Board and Marion County cooperatively funded the collection of topographic data for all parts of the County within the District's Boundary. The topographic data were collected using Light Detection and Ranging (LiDAR) mapping technologies. LiDAR is a relatively new mapping technology that provides a very cost effect approach to collecting the topographic information required to update the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM). The raw LiDAR data must be processed after the collection to create topographic contour maps and datasets readily used in the FEMA FIRM creation process. The FY2004 project included LiDAR processing costs for all data except for an approximately 221 square mile area that had been previously mapped by the District. Upon review of the LiDAR data, County staff determined that the processing of the raw LiDAR for this 221 square mile area would improve storm water management activities by insuring that all topographic data are consistent throughout the County. The purpose of this project is to complete the post-processing of the raw LiDAR data for the area that had previously been mapped using older technologies and it will result in an updated set of topographic contours that will be consistent throughout the County and will be compatible with existing Geographic Information System databases. These data are also a key component of the District and County's migration from the older, less accurate National Geodetic Vertical Datum of 1929, to the more precise North American Vertical Datum of 1988. The mapping information will be used to update the flood mapping for that part of Marion County within the District and conform to the County wide mapping project L176. The results will also provide reliable topographic data for National Pollutant Discharge Elimination System and Total Maximum Daily Load compliance projects and can be used to update additional flood studies. The project will be completed by September 30, 2005. As originally proposed, this project was to be managed by the County with the District reimbursing the County for contractual costs. Because of changes in the workload and expertise of their staff, the County has requested that the District manage the project as a component of its watershed management program and they will reimburse the District for 50 percent of the contractual services associated with post-processing the LiDAR data. The project will be assigned to one of the District's watershed management engineering consultants, Jones, Edmunds and Associates, Incorporated (JEA). JEA was involved in the processing of the data for other areas in the County and has considerable expertise in this area. The total cost of the project has not changed at $120,000 with the County contributing 50 percent ($60,000) and the District contributing 50 percent ($60,000), as budgeted. However, prior to entering into an agreement with JEA the District must have 100 percent of the funds ($120,000) for the project available in the appropriate project budget line. The current FY2005 budget for this project is only $60,000 (District's share) because the project was originally proposed with the County managing the project. Therefore, staff is requesting that the Basin Board's FY2005 Budget be amended to accept the revenue from Marion County and increase the budget for the Marion County - Post Process Topographic Data (L339) project by $60,000, in order for the District to manage the project and to be reimbursed for the contractual expenses.


Copies of the agreements are available upon request. Staff Recommendations: (1) Approve the revenue agreement with Marion County for an amount not to exceed

$120,000, with the Withlacoochee River Basin Board's share not to exceed $60,000; and authorize the Executive Director to execute the agreement.

(2) Approve the agreement with Jones, Edmunds and Associates for an amount not to exceed $120,000 and authorize the Executive Director to execute the agreement.

Presenter: Mark A. Hammond, Director, Resource Management Department


Governing Board Southwest Florida Water Management District

Brooksville, Florida January 25, 2005

The Governing Board of the Southwest Florida Water Management District (SWFWMD) met at 1:00 p.m. on January 25, 2005, at the Bartow Service Office. The following persons were present:

Board Members Present Heidi B. McCree, Vice Chair Judith C. Whitehead, Secretary Talmadge G. Rice, Treasurer Edward W. Chance, Member Thomas G. Dabney, II, Member Maggie N. Dominguez, Member Ronald C. Johnson, Member Janet D. Kovach, Member Board Members Absent Watson L. Haynes II, Chair Patsy C. Symons, 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 Assistant Recording Secretary Annette D. Oakes, Senior Admin. Assistant

A list of others present who signed the attendance roster is filed in the permanent files of the District. Approved minutes from previous meetings can be found on the District’s Web site (www.WaterMatters.org). To ensure the most efficient use of the court reporter’s time, the following two items, from the General Counsel Agenda, were heard first. Proceedings 69. Final Orders

a. ERP No. 43024788.000 – Blanco v. SWFWMD et al., DOAH Case No. 04-0003 – Pasco County Mr. Bilenky explained the Board’s responsibility with regard to the final order proceeding and their consideration of the Administrative Law Judge’s recommendation. Ms. Margaret Lytle, Senior Attorney, provided the Board with a brief overview of the case. The Administrative Law Judge recommended the District deny the permit application. Staff recommended entering the proposed final order and adopting the Administrative Law Judge’s order in its entirety and denying the exceptions. Dr. Octavio Blanco, a resident of Lutz, Florida, addressed the Board regarding his concerns about this case. He expressed his appreciation for the Board’s review of the case and recognized that its duties were performed as a public service, one of which he is grateful for. Dr. Blanco said it was difficult and expensive to fight a big developer and that is why many people do not come forward. He remains committed to protecting his wetlands as well as regional wetlands. Following consideration, Ms. Kovach moved, seconded by Mr. Johnson, to approve the staff recommendation. Motion carried unanimously. (CD 1/Track 1 – 00:00/23:10/Track 2 – 00:00 /02:23)

Minutes of the Meeting January 25, 2005 SWFWMD Governing Board Page 2 of 13

b. WUP No. 20012614.000 – Lomonico v. SWFWMD, State of Florida Division of State Lands and Florida Fish and Wildlife Conservation Commission – Highlands County

Ms. Marti Moore, Senior Attorney, stated the case information was provided in the Board packet and offered to review the case or answer questions. Staff recommended approval of the Final Order of Dismissal With Prejudice, which dismisses with prejudice the petition and amended petition filed by Anthony V. Lomonico, and approves the issuance of WUP No. 20012614.000 to the State of Florida Division of State Lands and Florida Fish and Wildlife Conservation Commission.

Mr. Dave McCadam, president of the Lake Josephine Association, was provided an opportunity to address the Board. On behalf of the members of the Lake Josephine Association, Mr. McCadam stated they are in favor of this project and approval of the permit. Following consideration, Ms. Dominguez moved, seconded by Mr. Johnson, to approve the staff recommendation. Motion carried unanimously. (CD 1/Track 3 – 00:00/04:39)

Items 1 through 41 were presented during Committee meetings, and those matters will be considered during Committee Reports and Recommendations. Therefore, the Board meeting began with Agenda Item 42. 42. Call to Order

Vice Chair McCree called the meeting to order and opened the public hearing. Ms. Whitehead noted a quorum was present. Vice Chair McCree said no presentations are planned for consent items or routine reports; however, staff is prepared to answer any questions on the individual items.

43. Pledge of Allegiance and Invocation Vice Chair McCree led the Pledge of Allegiance to the Flag of the United States of

America. Mr. Heath offered the invocation. 44. Additions/Deletions to Agenda

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. Mr. Moore requested Vice Chair McCree’s approval and he confirmed that the additions met with his approval. Regulation Committee

The following item is deleted from consideration: 2.b. Initiation of Rulemaking – Amend Rule 40D-4.041, F.A.C., to Create Mechanism to Provide Record Notice of Environmental Resource Permits Finance and Administration Committee

The following item is added to Discussion Items: Peace River/Manasota Regional Water Supply Authority Aquifer Storage and Recovery

Monitoring Well Project

Minutes of the Meeting January 25, 2005 SWFWMD Governing Board Page 3 of 13 45. Agenda Review

Mr. Dabney declared a voting conflict on Item 66 and said he would recuse himself from voting. Mr. Johnson declared a voting conflict on Item 68 and would also recuse himself from voting.

Special Discussion Items 46. Northern Tampa Bay Progress Report

Mr. Gregg Jones, P.G., Director, Resource Conservation and Development Department, reported on the Seawater Desalination Facility, he said on November 15, 2004, Tampa Bay Water's (TBW) Board approved an Agreement with American Water Pridesa (AWP) to remedy the seawater desalination facility. Remediation and testing is scheduled for completion by October 20, 2006. Mr. Jones said that construction of the 15-billion gallon Tampa Bay Regional Reservoir facility has been completed with only administrative and punch list items remaining. The reservoir is scheduled to begin filling to a test elevation in late January 2005, however, due to recent dry weather conditions, water may not be diverted until the rainy season. Mr. Jones noted that the consolidated wellfield permit pumped an average of 82 mgd and the 12-month rolling average was 86 mgd. Mr. Jones said the West Pasco Infrastructure Improvement project will provide an additional source of water to the areas currently being served by the Starkey and North Pasco Wellfields by interconnecting them to the regional distribution system. Once the connection is completed, wellfield production can be reduced and recovery of natural systems can occur. The West Pasco Infrastructure Improvement project was approved for funding by the Governing Board, Coastal Rivers Basin Board, and the Pinellas-Anclote River Basin Board in their fiscal year 2005 budgets. On December 20, 2004, TBW's Board of Directors approved a final pipeline route and booster station location. A draft Agreement between the District and TBW is under review and will be completed by February 2005 with the project to be complete by January 2008. Mr. Jones noted that, on December 20, 2004, TBW's Board of Directors approved a motion by their Chairman to change their meetings from a monthly to a bi-monthly schedule. TBW's Board will begin its bi-monthly meeting schedule in February and continue to meet every third Monday of even numbered months. Mr. Jones said the Regional Project team met on December 2, 2004, regarding the Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project. The major topic of discussion was the determination of specific operational yields over time for each partner associated with project, and how those yields may impact others. Since TBW requires the information first, it was agreed that TBW representatives would meet individually with each of the partners. It is anticipated that by the January team meeting each partner will have an idea the range of reclaimed water flows required for its respective project segment. Mr. Jones said the Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project appropriated $1.45 million during the 2004 Legislative session. It is anticipated that the funds will come to the District from the U.S. Environmental Protection Agency (EPA) Region IV in Atlanta by July 2005. The project team continues to discuss the appropriate allocation of costs for the project, including the use of federal and state funds. The federal funds will be distributed proportionately to project partners, in accordance with the allocation scenario ultimately agreed-upon by the project team in a master project agreement.


Mr. Moore reported on technical issues that are being worked out with TBW and DEP with regard to the establishment of TMDLs for the Tampa Bypass Canal and the damn on the Hillsborough River. Mr. Jones reported on other individual projects that partners are developing, such as the Pasco County Wet-Weather Reservoir, he said this project design is 32 percent complete. The City of Tampa’s North Tampa Pipeline, which will eventually connect with Pasco County, will be coming to the Governing Board in February. District staff has been meeting with the City of Tampa to help them identify more customers in an effort to keep down the costs of this pipeline. (CD 1/Track 5 – 00:00/10:20)

47. Southern Water Use Caution Area Revised Recovery Strategy and Associated Rules Mr. Richard Owen, Director, Planning Department, reviewed the revised draft revisions, they included three main components: Recovery Strategy, Section Eight, Regulatory Component; 40D-2, Consumptive Use Permitting and the Basis of Review; and 40D-80, Recovery and Prevention Strategy. Mr. Owen said the District has received additional input from these entities: Department of Environmental Protection (DEP), Industrial Advisory Committee, Public Supply Advisory Committee, Southern Water Use Caution Area (SWUCA) Work Group, and Charlotte Harbor National Estuary Program (CHNEP). Mr. Owen said the input has been very constructive and District staff will be recommending additional changes based on this input. Mr. Owen reported that the Department of Environmental Protection recommended definitions for terms such as, alternative sources, annual average, etc. Other comments addressed conditions of issuance, using the lowest quality water and alternative sources. It was recommended the District include language recognizing the Public Supply Goal-Based Water Conservation Program that came out of the 2004 Legislative Session. Additionally, DEP asked for clarification on the following two topics: Saltwater Intrusion Minimum Aquifer Level – Cumulative Impact Analysis and no worsening of groundwater impacts on the Upper Peace River and lake levels. Staff will be making these provisions clearer in future materials. Mr. Owen said the Public Supply Advisory Committee asked if a saltwater instruction model could be made available and an executive summary outlining the Cumulative Impact Analysis. The Public Supply Advisory Committee asked how the District intents to handle multiple applications for new quantities under the Cumulative Impact Analysis. The District would consider applications in the order in which they are determined to be complete. A lengthy discussion among Board members and staff ensued on the subject matters of competing applications and the cumulative impact analysis. Comments made by individual SWUCA Work Group members were presented to the Governing Board. Mr. Owen explained and stated staff’s position on those comments received. Board members also discussed the use of an economic impact analysis. Mr. Chance said the District might want to pursue a comprehensive study of the impacts to all user groups. Mr. Owen announced key dates for the future SWUCA schedule. Staff will return to the Board at their February meeting with a report on further input received. It is also hoped that staff will be able to present the actual cumulative impact analysis for the period January 1, 2000 through December 31, 2004. Several advisory committees meet again, as well as the SWUCA Work Group, before staff will seek Governing Board approval of changes at their regularly scheduled April meeting.


Ms. Lisa Beever, CHNEP, addressed the Board regarding three topics of concern to their policy board. The Draft SWUCA Recovery Strategy does implement their plan especially with the inclusion water reservations and land acquisition conservation. Ms. Beever said her policy board is also pleased to see the Draft SWUCA Recovery Strategy decreases withdrawals from the Floridan aquifer. They would like the District to commit to determining the natural ranges of flows, both the maximum and minimum water flows, and include that information in our reports. Finally, they would like to see the District set a long-term goal of stabilizing the saltwater wedge. Dr. Jim Griffiths, Polk County Citrus Growers, addressed the Board and said it is his hope that the District will look at the “big picture” with regard to the Floridan aquifer and base their decisions on hydrology. He believes the citrus growers on the Highlands Ridge are a special group and should be treated differently. (CD 1/Track 6 – 00:00/56:07)

Regulatory Agenda

Regulation Consent Items Mr. Dabney declared a voting conflict on Item 66 and will recuse himself from voting. Mr. Johnson declared a voting conflict on Item 68 and will recuse himself from voting. Surface Water Permits 48. ERP No. 43026903.000 - Parkside Preserve – Charlotte County 49. ERP No. 43025281.001 - Osprey Park – Highlands County 50. ERP No. 43024843.001 - Hillsborough County-Race Track Road Widening from

Countryway to South Mobley – Hillsborough County 51. ERP No. 43027301.000 - Easton Park – Hillsborough County 52. ERP No. 43022140.003 - Twin Rivers, Phase III – Manatee County 53. ERP No. 43023846.002 - The Concession Golf Course – Manatee County 54. ERP No. 43027367.000 - Heritage Harbour – Stoneybrook East – Manatee County 55. ERP No. 43027399.000 - The Lake Club at Lakewood Ranch, Phase 1A – Manatee

County 56. ERP No. 49027399.001 - The Lake Club at Lakewood Ranch – Manatee County 57. ERP No. 43027525.000 - Palma Sola Trace – Manatee County 58. ERP No. 43018328.005 - Spanish Oaks – Pasco County 59. ERP No. 43007407.012 - Marina Bay Docks – Pinellas County 60. ERP No. 43025342.001 - Bella Grande Townhomes Docks – Pinellas County 61. ERP No. 43026950.000 - Blackwater Oaks – Polk County 62. ERP No. 49026971.000 - Oakmont – Polk County 63. ERP No. 49026971.001 - Oakmont Phase One – Polk County 64. ERP No. 43027329.000 - Traditions Subdivision – Polk County 65. ERP No. 43000883.001 - Sarasota County – Webber Street Phase 1 Improvements –

Sarasota County 66. ERP No. 43027708.000 - The Forest at Hi Hat Ranch – Sarasota County 67. Interagency Agreement Between SWFWMD and SJRWMD for Designation of Regulatory

Responsibility for a Portion of The Villages District 9 and 10 Master Surface Water Management System – Lake County

Water Use Permits 68. Petition for Rule Variance – WUP No. 2006054.005 – E. R. Jahna Industries, Inc. (Haines

City Sand Mine) – Polk County



W F I S U

= = = = =


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======


R R+ R-

= = =


Following consideration, Ms. Dominguez moved, seconded by Ms. Kovach, to approve Regulation Consent Items 48 through 65. The motion carried unanimously. Following consideration, Mr. Johnson moved, seconded by Ms. Dominguez, to approve the Regulation Consent Item 66. Mr. Dabney recused himself from voting. The motion carried. Following consideration, Ms. Dominguez moved, seconded by Mr. Johnson, to approve the Regulation Consent Item 67. The motion carried unanimously. Following consideration, Mr. Dabney moved, seconded by Ms. Dominguez, to approve the Regulation Consent Item 68. Mr. Johnson recused himself from voting. The motion carried. (CD 1/Track 7– 00:00/02:36) Regulation Discussion Items Surface Water Permits – None Water Use Permits – None Well Construction Permits – None General Counsel Agenda Enforcement Items Consent Items 70. Surface Water

a. Consent Orders (1) MSW No. 4007126.001 – DAB Foundation, Inc. (Food Lion Grocery Store) –

Highlands County Staff recommended to approve the proposed Consent Order and authorize the

initiation of litigation in the event that DAB Foundation, Inc. fails to comply with the terms of the Consent Order.

(2) ERP No. 43024375.000 – Rosbon, L.L.C. (Creek Hollow) – Hernando County Staff recommended to approve the proposed Consent Order and authorize the initiation of litigation in the event that Rosbon, L.L.C. fails to comply with the Consent Order.

(3) Carrollwood Creek Associates, Inc. (Deer Park II) – Hillsborough County Staff recommended to approve the proposed Consent Order and authorize the initiation of litigation in the event that Carrollwood Creek Associates, Inc., fails to comply with the Consent Order.

b. Settlement Agreements – None


c. Initiation of Litigation (1) ERP No. 44021080.000 – Design Enterprises, Inc. (Madalyn Cove) – Polk

County Staff recommended authorization of the initiation of litigation against Design Enterprises, Inc. and any other appropriate parties to obtain compliance, and to obtain a monetary penalty and recovery of District enforcement and court costs and attorney’s fees.

(2) ERP No. 44019967.001 – Tomko Development, Inc. (Cypress Reserve) Hillsborough County

Staff recommended authorization of the initiation of litigation against Tomko Development, Inc. and any other appropriate parties to obtain compliance, and to obtain a monetary penalty and recovery of District enforcement costs, attorney’s fees and court costs.

71. Water Use

a. Consent Orders – None b. Settlement Agreements – None c. Initiation of Litigation – None

72. Well Construction a. Consent Orders – None

b. Settlement Agreements – one c. Initiation of Litigation – None

Following consideration, Mr. Dabney moved, seconded by Ms. Koavach, to approved the Enforcement Consent Items 70.a.(1), 70.a.(2), 70.a.(3), 70.c.(1) and 70.c.(2). The motion carried unanimously. (CD 1/Track 7– 02:35/03:16) Discussion Items – None Briefings and Reports 73. Rulemaking Update

74. Litigation Report 75. Other Briefing Items

Mr. Bilenky reported that the next scheduled mediation on the Weeki Wachee Lease case would be February 8, 2005. There is an outstanding appeal on the Suggs case and the District filed a response today. (CD 1/Track 7– 03:16/04:13)

Administration and Regular Business Agenda Committee Reports 76. Regulation Committee Consent Items

1. December 14, 2004 Committee Meeting Minutes The Governing Board unanimously approved the Committee’s recommendation to approve the minutes as presented.

2. Initiation of Rulemaking

a. Amend Rule 40D-400.500, F.A.C., to Incorporate by Reference the Updated Silviculture Best Management Practices Manual

The Committee recommended authorization of rulemaking to amend Rule 40D-400.500, F.A.C., to incorporate by reference the updated Silviculture Best Management Practices Manual.

Minutes of the Meeting January 25, 2005 SWFWMD Governing Board Page 8 of 13 The Governing Board unanimously approved the Committee’s recommendation to approve Consent Item 2.a.

b. Amend Rule 40D-4.041, F.A.C., to Create Mechanism to Provide Record

Notice of Environmental Resource Permits (Deleted) c. Amend Rule 40D-4.021, F.A.C., to Clarify the Definitions of "Alteration" and

“New Surface Water Management System” The Committee recommended authorization of rulemaking to amend Rule 40D-4.021, F.A.C., to amend the definitions of “alteration” and “new surface water management system” to clarify the terms.

The Governing Board unanimously approved the Committee’s recommendation to approve Consent Item 2.c.

Discussion Items

3. Initiation of Rulemaking to Amend Rule 40D-3.505, F.A.C., to Specifically Restrict

the Construction of Water Wells in Areas of Known Groundwater Contamination (Taylor Road Landfill)

The Committee recommended authorization of rulemaking to amend Rule 40D-3.505, F.A.C., to restrict the construction of water wells in areas of known groundwater contamination.

The Governing Board unanimously approved the Committee’s recommendation to approve the aforementioned item.

4. Meeting Updates a. Well Drillers Advisory Committee Meeting of January 19, 2005 This item was presented for the Committee’s information; no action was required.

b. DEP/WMD/FGWA Work Group Meeting of January 21, 2005, regarding Marion County Delegation

This item was presented for the Committee’s information; no action was required.

5. Approving Activities on Sovereign Submerged Lands - A New Procedure to Identify Projects of "Heightened Public Concern"

The Committee recommended elevation of General Environmental Resource Permits determined to be of heightened public concern to the Governing Board for agency action.

The Governing Board unanimously approved the Committee’s recommendation

to approve the aforementioned item.

6. Overview of Pending Permit Report This item was presented for the Committee’s information; no action was required. Routine Reports

7. Overpumpage Activities 8. Southern Water Use Caution Area Quantities

9. Tampa Bay Water Well Mitigation Report 10. Demand Management Activities

The above referenced reports were provided in the Governing Board packet.

Minutes of the Meeting January 25, 2005 SWFWMD Governing Board Page 9 of 13 11. February Committee Meeting Agenda

• Approval of the Minutes of the Committee Meeting of January 25, 2005 • Amend Rule 40D-4.041, F.A.C., to Create Mechanism to Provide Record Notice of

Environmental Resource Permits • Conservation Easement Guidelines Update • Marion County Well Permitting Delegation Update • Hillsborough County Environmental Protection Commission Memorandum of

Agreement • Development of the March Committee Meeting Agenda (CD 1/Track 7-04:13/06:41)

77. Resource Management and Development Committee

Consent Items 12. December 14, 2004 Committee Meeting Minutes The Governing Board unanimously approved the Committee’s recommendation to approve the minutes as presented.

13. Board Policy 170-8, Basin Board Land Resources Committee (Presented to Basin

Board Land Resources Committee in November)

The Governing Board unanimously approved the Committee’s recommendation to approve the Basin Board Policy 170-8 as submitted.

Discussion Items 14. Florida River Flows Patterns and the Atlantic Multidecadal Oscillation – Peer

Review Results This item was presented for the Committee’s information; no action was required. 15. Status of Aquifer Storage and Recovery in the Southwest Florida Water

Management District Plans to construct and test up to 13 monitor wells at the PR/MRWSA wellfield, transfer up to $525,000 from the Board’s Water Supply and Resource Development Reserves to the Hydrologic Evaluation Section to cover the District’s costs associated with the project; and authorize the Executive Director to approve the transfer of funds and sign the necessary agreements with the PR/MRWSA or a drilling contractor/consultant to perform the work presented. The Committee recommended approval of the plans as presented.

The Governing Board unanimously approved the Committee’s recommendation to approve the plans as presented.

16. Peace Creek Watershed Coordinating Committee The Committee recommended the District confirm the participation in the Coordination

Committee to address flooding issues in the Peace Creek Watershed; and officially recognize Ms. Patsy Symons to represent the Governing Board on the Coordinating Committee.

The Governing Board unanimously approved the Committee’s recommendation as presented.

Routine Reports

Information for Items 18 through 23 was provided in the Board’s packet, and no action was required.


17. Hidden Lake Property – Status Report and Management Plan Review 18. 2004 Public Land Acquisition and Management Partnership Conference 19. Florida Forever Status Report 20. Land Resources Department Significant Activities 21. Minimum Flows and Levels

22. Hydrologic Conditions Report Mr. Moore noted that, due to the unusually cold weather and frost the region has experienced the last couple of days, there will be an increase in the upcoming hydrologic report associated with pumping protection of crops. In the Plant City area, the Floridan aquifer was down 15 feet, as compared to a 20-foot drop in previous years.

23. Structure Operations Status Report 24. February Committee Meeting Agenda

• Approval of January 25, 2005 Committee Minutes • Peace Creek Watershed • Florida Forever Status Report (CD 1/Track 7-06:41/10:06)

78. Finance and Administration Committee Consent Items

25. December 14, 2004 Committee Meeting Minutes The Committee recommended approval of the minutes as presented. 26. Consent Transfer Report

The Committee recommended approval of the Consent Transfer Report. The Governing Board unanimously approved the Consent Items.

Discussion Items

27. District Emergency Operations - Hurricane Recovery and Mitigation, and Fiscal Year 2005 Budget Amendment The Committee recommended to: (1) Approve a transfer of $1,600,000 from General Fund Contingency Reserves for

hurricane debris cleanup projects in the Peace Creek Drainage Canal, Alafia River, Peace River tributaries, Shell and Prairie Creeks, and Alligator Creek, with the understanding that the District will seek reimbursement equal to at least one-half of this amount; and

(2) Approve Resolution No. 05-02, Amendment of the Fiscal Year 2005 Annual Service Budget (see Exhibit 27), to increase the District's FY2005 combined budget by $7,450,000 from $279,252,797 to an amended total budget of $286,702,797; and

(3) Authorize the Executive Director to execute agreements with the NRCS, FEMA and FDEP for the referenced projects, not to collectively exceed $9,050,000.

The Governing Board unanimously approved the Committee recommendations.

28. Comprehensive Watershed Management Overview

This item was presented for the Committee’s information, and no action was required.

At this time, the Committee considered an item that was added for consideration.


Peace River/Manasota Regional Water Supply Authority Aquifer Storage and Recovery Monitoring Well Project (Presented to the Resource Development and Management Committee) The Committee Recommended to: (1) Concur with staff’s plan to construct and test up to 13 monitor wells at the Authority’s

well field; (2) Approve the transfer of $525,000 from the Board's Water Supply and Resource

Development Reserve to the Resource Conservation and Development Department for the Authority’s ASR Monitor Well Project; and

(3) Authorize the Executive Director to execute the necessary agreements with the Authority to obtain a drilling contractor and consultant to perform the work described above.

The Governing Board unanimously approved the Committee recommendations.

29. District Procurement Card Program

This item was presented for the Committee's information, and no action was required.

Routine Reports Information for Items 30 through 32 was provided in the Board’s packet, and no action was required.

30. Tampa Service Office Construction Project Update 31. Treasurer's Report, Payment Register for Accounts Payable, and Contingency

Reserves Report 32. Fiscal Year 2005 First Quarter Financial Report

33. February Committee Meeting Agenda

• Approval of the Minutes of the Committee Meeting of January 25, 2005 • Consent Transfer Report • Regulatory Information System • Inspector General's Report – Environmental Resource Permit Audit • Records Management Alchemy Retrieval Software • Fiscal Year 2006 Budget Process • Routine Reports Tampa Service Office Construction Project Update Treasurer's Report, Payment Register for Accounts Payable, and Contingency Reserves Report

• Development of the March Committee Meeting Agenda (CD 1/Track 7-10:06/15:06)

79. Outreach and Planning Committee Consent Items 34. December 14, 2004 Committee Meeting Minutes

The Committee recommended approval of the minutes as presented. 35. Selection of Federal Legislative Consultant

The Committee recommended the firm of Holland and Knight, with Mr. Richard Gold as lead.

The Governing Board unanimously approved the above referenced Consent Items.


Discussion Items 36. Inter-District Water Rate Structure Project Preliminary Results 37. District’s Regional Water Supply Plan Update 38. Water 101 Video Production

These item were presented for the Committee’s information, and no action was required.

Routine Reports

39. 2005 Update to the District Water Management Plan Staff noted the update process was on schedule.

40. Legislative Status Report Staff noted this item will be presented before the full Board. 41. February Committee Meeting Agenda

• 2005 Update to the District Water Management Plan • Follow-up to the Washington, D.C. trip • Dry Season Messaging (CD 1/Track 7-15:06/18:24)

Consent Items 80. Board Travel

No action required. .

81. December 14, 2004 Governing Board Meeting Minutes Staff recommended approval of the minutes as presented.

82. Approval of Resolution 05-01, Commending Ronnie E. Duncan for His Service as a

Member and Chair of the Southwest Florida Water Management District Governing Board

Following consideration, Mr. Dabney moved, seconded by Mr. Johnson, to approve the Consent Items 80 through 82. The motion carried unanimously. (CD 1/Track 7 – 18:24/18:41) Chairman’s Agenda 83. Chairman's Agenda

a. Governing Board Members’ Federal Legislative Trip to Washington, DC Mr. Moore reviewed the plans and focus for the upcoming trip to Washington, DC.

b. Advisory Committee Liaison Report(s)

• At the Industrial Advisory Committee, Ms. Dominguez said the Committee heard presentations on the SWUCA, Florida River Flows Patterns and the Atlantic Multidecadal Oscillation and the 2005 District Water Management Plan Update. Nominations for Chair and Vice Chair of the Committee were submitted and their next meeting is in April.

• Regarding the Public Supply Advisory Committee, Ms. Kovach said this information was covered earlier in the meeting.

• Mr. Dabney said he attended the Well Drillers Advisory Committee and commended the group on their continued professionalism.

c. Basin Board Education Committee Report

Ms. Whitehead said this was an excellent meeting held at the Crystal Springs Preserve Learning Center. Topics discussed included grants and funding, Ms. Kavouras


discussed her new role as Executive Assistant, and Ms. McBride made a presentation on the 2004 Water Resources Education Conference. (CD 1/Track 7 – 18:41/27:10)

d. Other Items • Vice Chair McCree reminded the Board a tour of Lake Hancock was scheduled for

February 4, 2005. • Mr. Dabney thanked Mr. Brian Starford and his staff at the Bartow Service Office for

hosting today’s meeting and for the tour of the facility that Board members received. Mr. Dabney noted that office space, throughout the District, should be redesigned to accommodate the special needs of each type of profession. Mr. Moore said he would assign the Finance and Administration Committee with this task.

• Mr. Chance requested review of the policy that governs speakers who come before the Board on behalf of other organizations. Mr. Moore said he would assign the Finance and Administration Committee with this task.

• Ms. Kovach thanked Mr. Starford and staff for their hospitality. Vice Chair McCree echoed Ms. Kovach’s comments on behalf of the entire Board.

Vice Chair McCree moved to recess the public hearing. Ms. Dominguez seconded the motion and it carried unanimously. The public hearing was recessed at 3:18 p.m. Public Input Ms. Becky Ayech, president of the Environmental Confederation of Southwest Florida, addressed the Board and requested that the District send representatives to DEP’s Technical Advisory Domestic Residual Rulemaking Update meeting on March 3, 2005, in Tallahassee. Mr. David Gore, a resident of Davenport, Florida, addressed his concerns about writing a specific plan to protect the Florida aquifer. There being no further business to come before the Board, Mr. Rice moved, seconded by Ms. Kovach, to adjourn the meeting. Motion carried unanimously. (CD 1/Track 7 – 27:10/40:47) The meeting was adjourned at 3:24 p.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 1-800-231-6108 (Florida only); FAX 352-754-6874.

b r d d Directors Robert S t e w d , Ted Schracbr, Rick Baker, Ann Hildebrond, Porn lorio, S u m Latvolo, Mark Sharpe, Ronda S m s , Dan Tipion

Guwml M0mg.r Jerry 1. Moxwsll

Gmml C w n d h o l d D. Conn . , -,.

2535 Londmork Drive, Suik 21 1, Clsam~fsr, FL 33761.3930 Phone: 727.794.2355 / Fax: 727.791.2388

Mr. David Moore Executive Director South West Florida Water Management District 2379 Broad Street Brooksville, FL 346046899

Re: Tampa Bay Water Board Resolution No. 2000-2l

Dear Mr. Moore:

The purpose of this letter is to update information previously provided in a letter dated July 21,2004. That letter had memorialized an understandmg reached with your staff on June 25,2004 on how we would satisfy the requirements of Tampa Bay Water resolution 2000-21 dealing with acquisition of property for the reservoir project. It is our understandmg that you will consider the obhgation in resolution 2000-21 to be met once $13 million has been expended on the projects listed in the attached spreadsheet.

We had previously indicated that we expected expenditures on these projects to reach $13 million by the November 2004 timeframe. As shown in the attached spreadsheee, expenditures through December 2004 have reached $12,747,620. With less than two percent remaining at chis time to reach the full requirement, we now expect to have expended the full $13 d o n by the March 2005 timeframe. Once this occurs, we'll provide you notice that the resolution has been satisfied, with project cash-flow summary information generated by our financial management system.

Please do not hesitate to contact me if you have any questions.

Respectfully,

Jerry L. Maxwell General Manager

Attachment

cc : Gene Heath, SWFWMD G r e g Jones, S W F W M D Brian Armstrong, SWFWMD Don Corn, Tampa Bay Water Mandi Rice, Tampa Bay Water

EXECUTIVE DEPARTMENT

Peace River Basin Board FARMS BUDGET SUMMARY

February 2005

FY2003 Funding State Appropriations $1,250,000 FDACS $ 100,000 Subtotal $1,350,000

Allocations Blue Heron $ 16,474 TRB $ 96,235 ACP $ 133,836 Subtotal $ 246,545 FY 2003 Ending Balance $1,103,455 FY2004 Funding FY 2003 Encumbrance $1,103,455 Peace River Basin Board $ 435,500 FDACS $ 100,000 Subtotal $1,638,955

Allocations MCP (2x4) $ 54,471 Williams $ 178,742

Subtotal $ 233,213 FY 2004 Ending Balance $1,405,742 FY2005 Funding

FY 2004 Encumbrance $1,405,742 State Appropriation $ 200,000 Peace River Basin Board $ 450,000 Subtotal $2,055,742

Allocations TRB (Phase II) $ 105,695 Subtotal $ 105,695

Current FY 2005 Balance $1,950,047

Governing Board Meeting February 22-23, 2005 Chairman's Agenda

88. Chairman's Agenda

a. Advisory Committee Liaison Report(s) ...................................................................... 2 b. Chair Ex Officio Reports on Basin Board Activities ................................................... 2

c. Other Items................................................................................................................ 2

Chairman’s Agenda Summary - 2 - February 22-23, 2005

88. Chairman's Agenda

a. Advisory Committee Liaison Report(s)(1) Agricultural Advisory Committee (2) Green Industry Advisory Committee – February meeting cancelled. If requested, Mr. Richard Owen will provide reports of the meetings.

b. Chair Ex Officio Reports on Basin Board Activities

c. Other Items