Governing Board Meeting

\ Governing Board Meeting

Agenda and Meeting Information

January 29, 2008

9:00 a.m.

District Headquarters 2379 Broad Street • Brooksville, Florida (352) 796-7211 • 1-800-423-1476

Weeki Wachee River

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

The Southwest Florida Water Management District (District) does not discriminate upon the basis of any individual’s disability status. This An Equal Opportunity nondiscrimination policy involves every aspect of the District’s functions including one’s access to participation, employment, or treatment in Employer its programs or activities. Anyone requiring reasonable accommodations as provided for in the Americans with Disabilities Act should con tact the General Services Department at (352) 796-7211 or 1-800-423-1476 (FL only), extension 4527, TDD only 1-800-231-6103 (FL only).

AGENDA

E GOVERNING BOARD MEETING

JANUARY 29, 2008

9:00 a.m.

All meetings are open to the public.

¾ Viewing of the Board meeting is available at each of the service offices. ¾ Public input for issues not listed on the published agenda will be heard shortly after the meeting begins.

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

At the discretion of the Board, items may be taken out of order to accommodate the needs of the Board and the public.

The meeting will recess for lunch at a time to be announced and a closed attorney-client session will be held during the lunch break (notice follows ANNOUNCEMENTS).

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

TUESDAY, JANUARY 29, 2008

9:00 A.M. CONVENE MEETING OF THE GOVERNING BOARD AND PUBLIC HEARING (TAB A)

1. Call to Order 2. Pledge of Allegiance and Invocation 3. Additions/Deletions to Agenda 4. Employee Recognition MEETING NOTIC 5. Public Input for Issues Not Listed on the Published Agenda

SWFWMD GOVERNING BOARD AGENDA - 2 - JANUARY 29, 2008

CONSENT AGENDA (TAB B)

Regulation Committee -- Environmental Resource Permits 6. ERP No. 43007091.001 - R & D Cattle Excavation – Charlotte County 7. ERP No. 43002236.038 - City of Tampa - New Tampa Boulevard Extension from East of I-75 to Commerce Park Boulevard – Hillsborough County 8. ERP No. 43017451.003 - K-Bar Ranch – Hillsborough County 9. ERP No. 43018838.026 - Sunset Isles – Hillsborough County 10. ERP No. 43029777.004 - New Port Tampa Bay - Phase 1 Marina – Hillsborough County 11. ERP No. 43027835.000 - Country Oaks – Manatee County 12. ERP No. 43033278.000 - 4 Star Tomato, Inc. - Rutland Road Water Conservation Project – Manatee County 13. ERP No. 43033109.000 - Heath Preserve – Marion County 14. ERP No. 43023781.012 - Sunlake Development – Pasco County Regulation Committee -- Water Use Permits 15. WUP No. 20003755.006 - Mabry Carlton Ranch/Mabry Carlton Ranch, Inc. – Sarasota County Regulation Committee -- Other 16. Approve Initiation of Rulemaking to Amend 40D-1.002(2), Florida Administrative Code (F.A.C.), to Delegate Action on Requests for Variances and Waivers to Chapters 40D-21, F.A.C., Water Shortage Plan, and 40D-22, F.A.C., Year-Round Water Conservation Measures 17. Approve Initiation of Rulemaking to Amend 40D-1.659 and Chapter 40D-3, F.A.C., to Adopt Revised Well Contractor Licensing Forms, Conform District Rules to Recent Department of Environmental Protection Rule Amendments and Make Other Technical Changes 18. Approve Revisions to Supplemental Environmental Resource Application Forms Addressing Homeowner and Property Owner Association Documentation Requirements 19. Approve Joint Amended Deed of Conservation Easement and Agreement for the Peace River Mitigation Bank 20. Electrical Power Plant Site Certification – SWFWMD Agency Report on Progress Energy Florida – Crystal River Units 4 and 5 Modification of Conditions of Certification – Citrus County 21. 2008 Florida Department of Transportation Mitigation Plan Resource Management Committee 22. Approve Amendment to the Construction Agreement with Subaqueous Services, Inc. for the Lake Panasoffkee Restoration Project (Presented and Approved at the December 2007 Withlacoochee River Basin Board Meeting) 23. Rehabilitation and Reclamation Agreement, Sawgrass Lake Restoration Project (Presented at the June 2007 Pinellas-Anclote River Basin Board Meeting) 24. First Amendment to the Evaluation of Soil Moisture Based On-Demand Irrigation Controllers, Phase II Project (Presented at the December 2007 Pinellas-Anclote Basin Board Meeting) 25. Appraisal and Purchase/Sale Agreement, Lake Hancock Project, SWF Parcel No. 20-503-150 26. Remove Crews Lake From Rule Amendments to 40D-8.624, F.A.C., and Authorize Completion of Rulemaking for Minimum and Guidance Levels Proposed for Lakes Lola, Jessamine, Pasco, Pierce, and Unnamed Number 22, also known as Loyce Lake 27. Continue Public Hearing Requested by Tampa Bay Water on Proposed Minimum Flows for the Fresh Water Segment of the Alafia River Finance & Administration Committee 28. Board Travel 29. Budget Transfer Report 30. Planned Sinking Fund Transfer for Service Office Business Continuity Servers and Storage Area Networks General Counsel’s Report 31. Consent Order – Surface Water Activity – Seventeenth Avenue Ybor City, LLC (Las Ybor Condominiums) – Hillsborough County 32. Initiation of Litigation – Surface Water Activity – Lexington Homes, Inc. (North Green Estates) – Hillsborough County 33. Initiation of Litigation – Surface Water Activity – Lexington Homes, Inc. (South Green Estates) – Hillsborough County 34. Initiation of Litigation – Surface Water Activity – Macklin Transport Company – Highlands County SWFWMD GOVERNING BOARD AGENDA - 3 - JANUARY 29, 2008

35. Initiation of Litigation – WUP No. 20001782.003/.004 - Spencer Farms, Inc. (Stephens Road Farm) – Hillsborough County 36. Initiation of Litigation – Well Construction – License No. 9159 – Monroe Butler – Hillsborough County 37. Initiation of Litigation – Well Construction – License No. 9201 – Wayne Wygant – Hillsborough County Executive Director’s Report 38. Approval of Minutes – December 18, 2007 Governing Board Meeting

OUTREACH & PLANNING COMMITTEE (TAB C)

Discussion Items 39. Florida Department of Environmental Protection Surface Water Quality Classification System 40. Drought Communications Update – Signage and Advertising 41. Legislative Update 42. Strategic Plan Update Process Submit & File Report 43. Status of the 2008 Consolidated Annual Report Routine Reports 44. Significant Activities Report 45. Speakers Bureau 46. Comprehensive Plan Amendment and Related Reviews Report 47. Review of Developments of Regional Impact

REGULATION COMMITTEE (TAB D)

Discussion Items 48. Consent Item(s) Moved for Discussion 49. Water Shortage Actions 50. Approve Interagency Agreement Regarding Uniform Year-Round Water Conservation and Water Shortage Measures for Marion County 51. Final Approval of Amendments to 40D-2.301(2), 40D-2.091, and 40D-2.321, F.A.C., Conditions for Issuance of Permits, and Part B, Basis of Review, of the Water User Permit Information Manual to Clarify Environmental Resource Permit and Water Use Permit (WUP) Requirements to Obtain a 20-Year WUP for Long-Term Phased Projects Submit & File Reports – None Routine Reports 52. Demand Management 53. Overpumpage Report 54. Southern Water Use Caution Area Quantities 55. Water Production Supply Summary 56. Public Supply Benchmarks 57. Resource Regulation Significant Initiatives Report

RESOURCE MANAGEMENT COMMITTEE (TAB E)

Discussion Items 58. Consent Item(s) Moved for Discussion 59. Polk County Comprehensive Water Supply Plan – Funding Request Submit & File Reports – None Routine Reports 60. Significant Water Supply and Resource Development Projects 61. Watershed Management Program and Federal Emergency Management Agency Map Modernization Status Report 62. Florida Forever Funding Status Report 63. Minimum Flows and Levels Status Report SWFWMD GOVERNING BOARD AGENDA - 4 - JANUARY 29, 2008

64. Hydrologic Conditions Status Report 65. Structure Operations Status Report

FINANCE & ADMINISTRATION COMMITTEE (TAB F)

Discussion Items 66. Consent Item(s) Moved for Discussion Submit & File Report 67. Treasurer's Report, Payment Register, and Contingency Reserves Report 68. Fiscal Year 2008 First Quarter Financial Report Routine Report 69. Management Services Status Report 70. Fiscal Year 2009 Budget Calendar

GENERAL COUNSEL’S REPORT (TAB G)

Discussion Items 71. Consent Item(s) Moved for Discussion 72. Final Order – WUP No. 2004912.006 – City of Lakeland v. SWFWMD, DOAH Case No. 07-0564 – Polk County 73. Overview of Compliance and Enforcement Process Submit & File Reports – None Routine Reports 74. Litigation Report 75. Rulemaking Update

REPORTS (TAB H)

76. Industrial Advisory Committee Liaison Report 77. Public Supply Advisory Committee Liaison Report 78. Well Drillers Advisory Committee Liaison Report 79. Executive Director’s Report 80. Chair’s Report

RECESS PUBLIC HEARING

ANNOUNCEMENTS

• Tampa Bay Water Seawater Desalination Plant Ribbon Cutting – Gibsonton ...... January 25, 2008

• Governing Board Meeting and Workshop Schedule: Meeting – Location to be determined ...... February 26, 2008 Meeting – Location to be determined...... March 25, 2008 Meeting – Location to be determined ...... April 29, 2008

• Basin Board Meeting Schedule: Pinellas-Anclote River – New Port Richey ...... February 6, 2008 Alafia River – Tampa ...... February 7, 2008 Northwest Hillsborough – Tampa ...... February 7, 2008 Peace River – Bartow ...... February 8, 2008 Hillsborough River – Tampa ...... February 11, 2008 Manasota – Sarasota ...... February 13, 2008 Withlacoochee River – Brooksville ...... February 14, 2008 Coastal Rivers – Weeki Wachee ...... February 14, 2008

SWFWMD GOVERNING BOARD AGENDA - 5 - JANUARY 29, 2008

• Joint Governing and Basin Boards Planning Workshop – Thonotosassa ...... Proposed: February 26, 2008

• Basin Board Education Committee – Tampa ...... March 11, 2008

• Basin Board Land Resources Committee – New Port Richey ...... March 20, 2008

• Advisory Committee Meeting Schedule: Green Industry – Tampa ...... February 28, 2008 Agricultural – Tampa ...... February 28, 2008 Environmental – Tampa ...... March 10, 2008 Industrial – Tampa ...... April 8, 2008 Public Supply – Tampa ...... April 8, 2008 Well Drillers – Tampa ...... April 16, 2008

12:00 p.m. Notice of Closed Attorney-Client Session

Location: Board Conference Rooms A and B

Meeting Attendees: SWFWMD Governing Board Members; Executive Director David L. Moore; General Counsel William S. Bilenky; Deputy General Counsel Karen West; Assistant General Counsel Joseph Ward

Closed attorney-client session pursuant to Section 286.011(8), Florida Statutes, to discuss strategy related to litigation in Southwest Florida Water Management District v. City of Weeki Wachee, et al. in the Circuit Court, Fifth Judicial Circuit, Case No. H-27-CA-2004-366RT. The subject matter of the meeting shall be confined to pending litigation.

The meeting is not open to the public. Pursuant to Florida Law, the entire attorney-client session shall be recorded by a certified court reporter. No portion of the meeting shall be off the record. A copy of the transcript will be made part of the public record at the conclusion of the litigation.

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 an issue 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 January 2008

REGULATION COMMITTEE RESOURCE MANAGEMENT COMMITTEE Maritza Rovira-Forino, Chair Todd Pressman, Chair Thomas G. Dabney, Vice Chair Heidi B. McCree, Vice Chair Ronald E. Oakley, Second Vice Chair Patsy C. Symons, Second Vice Chair

FINANCE AND ADMINISTRATION OUTREACH AND PLANNING COMMITTEE COMMITTEE Jennifer E. Closshey, Chair Neil Combee, Chair Sallie Parks, Vice Chair Patricia M. Glass, Vice Chair Vacant, Second Vice Chair Vacant, Second Vice Chair

The full Board serves as the members for each committee.

STANDING COMMITTEE LIAISONS Agricultural Advisory Committee Patsy C. Symons Basin Board Education Committee Maritza Rovira-Forino Basin Boards Land Resources Committee Heidi B. McCree Environmental Advisory Committee Todd Pressman Green Industry Advisory Committee Sallie Parks Industrial Supply Advisory Committee Jennifer E. Closshey Public Supply Advisory Committee Neil Combee Well Drillers Advisory Committee Thomas G. Dabney

A. Public Hearing & Meeting Governing Board Meeting January 29, 2008

9:00 a.m.

CONVENE MEETING OF THE GOVERNING BOARD AND PUBLIC HEARING

1. Call to Order ...... 2

2. Pledge of Allegiance and Invocation ...... 2

3. Additions/Deletions to Agenda ...... 2

4. Employee Recognition ...... 3

5. Public Input for Issues Not Listed on the Published Agenda ...... 5

Items 1 - 2 - 3

Governing Board Meeting January 29, 2008

1. Call to Order

The Board Chair calls the meeting to order. The Board Secretary confirms that a quorum is present. The Board Chair then opens the public hearing.

Anyone wishing to address the Governing Board concerning any item listed on the agenda or any item that does not appear on the agenda should fill out and submit a speaker's card. Comments will be limited to three minutes per speaker, and, when appropriate, exceptions to the three-minute limit may be granted by the Chair. Several individuals wishing to speak on the same issue/topic should designate a spokesperson.

2. Pledge of Allegiance and Invocation

The Board Chair leads the Pledge of Allegiance to the Flag of the United States of America. Mr. Bilenky offers the invocation.

3. 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:

Approve the recommended additions and deletions to the published agenda.

Presenter: David L. Moore, Executive Director

2 Item 4

Governing Board Meeting January 29, 2008

Employee Recognition

The District's employees are its most valuable resource. We are pleased and proud that the average tenure of all employees at the District is 12 years and that we are able to retain such remarkable talent. Each year, many District employees reach significant longevity milestones in their service to the District and many reach momentous milestones, which make them eligible for retirement. The District as a whole, as well as each employee’s department, acknowledges and celebrates these milestones/retirements and the tremendous individual contributions they represent to the achievement of the District’s mission.

At the Governing Board meeting, Executive Director David Moore will make presentations to the Board for all employees who have achieved milestones of 20 years or greater, to specially acknowledge and commend the contributions of these individuals. Mr. Moore will also recognize promotions and welcome new members of management.

This item provides the Board with the opportunity to personally recognize and thank our dedicated employees who have reached five-year increments in service to the District and those employees who have completed at least 30 years of employment in the Florida Retirement System and are retiring from the District. We have seventeen employees that have achieved longevity milestones for the period of January 1, 2008 to February 29, 2008.

Employee Recognition – Service/Retirement

Office Milestone Employee Name Title Department Location

Retirement None for this meeting.

30 Years None for this meeting.

25 Years None for this meeting.

Clay Black Senior Professional Engineer Brooksville Regulation Brooksville Axel Griner Senior GIS Analyst Operations Brooksville 20 Years Malcolm Hudson Senior Tradesworker Operations Brooksville Dawn Turner Professional Engineer Resource Projects Brooksville

Ted Gates Professional Geologist/Eng. Res. Data & Restoration Tampa 15 Years Brian Nelson Aquatic Plant Manager Operations Brooksville Jackie Robbins Staff Chemist Res. Data & Restoration Brooksville

Christine Clark Senior Document Specialist General Services Brooksville Jim Ganun Structure Operations Supv. Operations Brooksville 10 Years Doug Leeper Chief Environmental Scientist Resource Projects Brooksville Robin Morgan Financial Systems Supervisor Finance Brooksville Tonya Parker-Rimes Sr. Administrative Assistant General Services Brooksville

Scott Harbison Video Production Specialist Information Resources Brooksville Marcy Kersey Heavy Equipment Operator Operations Brooksville 5 Years Barry Kortekaas Net. Systems Security Anal Information Resources Brooksville Latasha Murphy Senior Field Technician Bartow Regulation Bartow Lisa Rinehart Staff Field Technician Brooksville Regulation Brooksville

3 Item 4

Staff Recommendation:

This item is presented for the Board’s information, and no action is required.

Presenter: David L. Moore, Executive Director

4 Item 5

Governing Board Meeting January 29, 2008

Public Input for Issues Not Listed on the Published Agenda

At this time, the Board will hear public input for issues not listed on the published agenda.

6 B. Consent Agenda Governing Board Meeting January 29, 2008

Consent Agenda

Regulation Committee -- Environmental Resource Permits 6. ERP No. 43007091.001 - R & D Cattle Excavation – Charlotte County ...... 3 7. ERP No. 43002236.038 - City of Tampa - New Tampa Boulevard Extension from East of I-75 to Commerce Park Boulevard – Hillsborough County ...... 8 8. ERP No. 43017451.003 - K-Bar Ranch – Hillsborough County ...... 15 9. ERP No. 43018838.026 - Sunset Isles – Hillsborough County ...... 21 10. ERP No. 43029777.004 - New Port Tampa Bay - Phase 1 Marina – Hillsborough County ...... 27 11. ERP No. 43027835.000 - Country Oaks – Manatee County ...... 34 12. ERP No. 43033278.000 - 4 Star Tomato, Inc. - Rutland Road Water Conservation Project – Manatee County ...... 39 13. ERP No. 43033109.000 - Heath Preserve – Marion County ...... 44 14. ERP No. 43023781.012 - Sunlake Development – Pasco County ...... 50 Regulation Committee -- Water Use Permits 15. WUP No. 20003755.006 - Mabry Carlton Ranch/Mabry Carlton Ranch, Inc. – Sarasota County ...... 64 Regulation Committee -- Other 16. Approve Initiation of Rulemaking to Amend 40D-1.002(2), Florida Administrative Code (F.A.C.), to Delegate Action on Requests for Variances and Waivers to Chapters 40D-21, F.A.C., Water Shortage Plan, and 40D-22, F.A.C., Year-Round Water Conservation Measures ...... 78 17. Approve Initiation of Rulemaking to Amend 40D-1.659 and Chapter 40D-3, F.A.C., to Adopt Revised Well Contractor Licensing Forms, Conform District Rules to Recent Department of Environmental Protection Rule Amendments and Make Other Technical Changes ...... 81 18. Approve Revisions to Supplemental Environmental Resource Application Forms Addressing Homeowner and Property Owner Association Documentation Requirements ...... 88 19. Approve Joint Amended Deed of Conservation Easement and Agreement for the Peace River Mitigation Bank ...... 92 20. Electrical Power Plant Site Certification – SWFWMD Agency Report on Progress Energy Florida – Crystal River Units 4 and 5 Modification of Conditions of Certification – Citrus County ...... 93 21. 2008 Florida Department of Transportation Mitigation Plan ...... 95 Resource Management Committee 22. Approve Amendment to the Construction Agreement with Subaqueous Services, Inc. for the Lake Panasoffkee Restoration Project (Presented and Approved at the December 2007 Withlacoochee River Basin Board Meeting) ...... 97 23. Rehabilitation and Reclamation Agreement, Sawgrass Lake Restoration Project (Presented at the June 2007 Pinellas-Anclote River Basin Board Meeting) ...... 99 24. First Amendment to the Evaluation of Soil Moisture Based On-Demand Irrigation Controllers, Phase II Project (Presented at the December 2007 Pinellas-Anclote Basin Board Meeting) ...... 110 25. Appraisal and Purchase/Sale Agreement, Lake Hancock Project, SWF Parcel No. 20-503-150 ...... 111 26. Remove Crews Lake From Rule Amendments to 40D-8.624, F.A.C., and Authorize Completion of Rulemaking for Minimum and Guidance Levels Proposed for Lakes Lola, Jessamine, Pasco, Pierce, and Unnamed Number 22, also known as Loyce Lake ...... 114 27. Continue Public Hearing Requested by Tampa Bay Water on Proposed Minimum Flows for the Fresh Water Segment of the Alafia River ...... 116 Finance & Administration Committee 28. Board Travel ...... 117 29. Budget Transfer Report ...... 118 30. Planned Sinking Fund Transfer for Service Office Business Continuity Servers and Storage Area Networks ...... 121 General Counsel’s Report 31. Consent Order – Surface Water Activity – Seventeenth Avenue Ybor City, LLC (Las Ybor Condominiums) – Hillsborough County ...... 122 32. Initiation of Litigation – Surface Water Activity – Lexington Homes, Inc. (North Green Estates) – Hillsborough County ...... 123 33. Initiation of Litigation – Surface Water Activity – Lexington Homes, Inc. (South Green Estates) – Hillsborough County ...... 124 34. Initiation of Litigation – Surface Water Activity – Macklin Transport Company – Highlands County ...... 125 35. Initiation of Litigation – WUP No. 20001782.003/.004 - Spencer Farms, Inc. (Stephens Road Farm) – Hillsborough County ...... 126 36. Initiation of Litigation – Well Construction – License No. 9159 – Monroe Butler – Hillsborough County ...... 128 37. Initiation of Litigation – Well Construction – License No. 9201 – Wayne Wygant – Hillsborough County ...... 129 Executive Director’s Report 38. Approval of Minutes – December 18, 2007 Governing Board Meeting ...... 130

2 CONSENT ITEM 6

3 CONSENT ITEM 6 Default Date: February 13, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43007091.001

Expiration Date: January 29, 2013 PERMIT ISSUE DATE: January 29, 2008

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: R & D Cattle Excavation

GRANTED TO: R & D Cattle Company, LLC Post Office Box 897 Tampa, FL 33601

ABSTRACT: This permit authorizes the construction of a surface water management system to serve a 585.34-acre borrow pit excavation project known as R & D Cattle Excavation. The project is located on the north side of County Road 74 (Bermont Road) approximately 4.7 miles west of State Road 31, in Charlotte County. Information regarding the surface water management system, 100-year floodplain, wetlands and/or surface waters is stated below and on the permitted construction drawings for the project. Agricultural Water Use Permit (WUP) No. 20009926.004 is associated with this project.

OP. & MAINT. ENTITY: R & D Cattle Company, LLC

COUNTY: Charlotte

SEC/TWP/RGE: 29,32/40S/25E

TOTAL ACRES OWNED OR UNDER CONTROL: 1,248.67

PROJECT SIZE: 585.34 Acres

LAND USE: Mining

DATE APPLICATION FILED: August 17, 2007

AMENDED DATE: N/A

4 Permit No.: 43007091.001 Project Name: R & D Cattle Excavation

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 1-1 61.44 Wet Detention 1-2 12.93 Wet Detention 1-3 15.54 Wet Detention 1-4 10.56 Wet Detention 1-5 67.60 Wet Detention 2-1 11.64 Wet Detention 2-2 44.87 Wet Detention 2-3 57.83 Wet Detention TOTAL 282.41

Comments: Water quality treatment and peak attenuation storage will be provided on-site by eight (8) man-made wet detention lakes.

A mixing zone is not required. A variance is not required.

II. 100-Year Floodplain

Encroachment Compensation Compensation Encroachment (Acre-Feet of fill) (Acre-Feet of excavation) Type* Result**(feet) 4.41 100.38 EE N/A

*Codes [ X ] for the type or method of compensation provided are as follows: NE = No Encroachment EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review; SM = Storage Modeling hydrographs of pond and receiving stages indicate timing separation; MI = Minimal Impact based on modeling of existing stages vs. post-project encroachment. N/A = Not Applicable

**Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims MI type of compensation.

III. Environmental Considerations

Wetland/Surface Water Information Count of Wetlands: 2 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* Wetland 6 0.54 0.54 0.00 0.00 0.00 0.00 Shell Creek Tributary 0.02 0.02 0.00 0.00 0.00 0.00 TOTAL 0.56 0.56 0.00 0.00 0.00 0.00

* For impacts that do not require mitigation, their functional loss is not included.

5 Permit No.: 43007091.001 Project Name: R & D Cattle Excavation

Wetland Comments: There is one 0.54 acre wetland and 0.02 acre of a tributary to Shell Creek located within the project area. Impacts to these wetlands are not authorized by this permit. There are several additional wetlands located within the greater applicant owned property limits adjacent to the project area for this Environmental Resource Permit (ERP) modification.

An existing fill road with a culverted agricultural crossing over a tributary to Shell Creek will be utilized as part of this mining operation. All other environmental specific conditions of Management and Storage of Surface Waters (MSSW) Permit No. 40007091.001, dated April 24, 1990, and entitled KML Citrus Grove, remain.

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

SPECIFIC CONDITIONS

1. If the ownership of the project area covered by the subject permit is divided, with someone other than the Permittee becoming the owner of part of the project area, this permit shall terminate, pursuant to Section 40D-1.6105, F.A.C. In such situations, each land owner shall obtain a permit (which may be a modification of this permit) for the land owned by that person. This condition shall not apply to the division and sale of lots or units in residential subdivisions or condominiums.

2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to:

Sarasota Regulation Department Southwest Florida Water Management District 6750 Fruitville Road Sarasota, FL 34240-9711

The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted.

3. The Permittee shall retain the design engineer, or other professional engineer registered in Florida, to conduct on-site observations of construction and assist with the as-built certification requirements of this project. The Permittee shall inform the District in writing of the name, address and phone number of the professional engineer so employed. This information shall be submitted prior to construction.

4. Within 30 days after completion of construction of the permitted activity, the Permittee shall submit to the Sarasota Service Office a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter 40D-1.659, F.A.C., and signed, dated and sealed as-built drawings. The as-built drawings shall identify any deviations from the approved construction drawings.

5. The District reserves the right, upon prior notice to the Permittee, to conduct on-site research to assess the pollutant removal efficiency of the surface water management system. The Permittee may be required to cooperate in this regard by allowing on-site access by District representatives, by allowing the installation and operation of testing and monitoring equipment, and by allowing other assistance measures as needed on site.

6. Wetland buffers shall remain in an undisturbed condition except for approved drainage facility construction/maintenance.

6 Permit No.: 43007091.001 Project Name: R & D Cattle Excavation

7. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities:

A. wetland and surface water areas B. wetland buffers

The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel.

8. Wetland No. 6 and Shell Creek Tributary boundaries shown on the approved construction drawings shall be binding upon the Permittee and the District.

9. The operation and maintenance entity shall submit inspection reports in the form required by the District, in accordance with the following schedule.

For systems utilizing retention or wet detention, the inspections shall be performed two (2) years after operation is authorized and every two (2) years thereafter.

10. The removal of littoral shelf vegetation (including cattails) from wet detention ponds is prohibited unless otherwise approved by the District. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Any questions regarding authorized activities within the wet detention ponds shall be addressed to the District's Surface Water Regulation Manager, Sarasota Service Office.

11. No dewatering associated with the mining operation may occur until the appropriate mining water use permit is obtained.

12, All wells, septic tanks, and fuel storage tanks shall be shown to be properly abandoned at the time of the as-built inspection. Wells no longer in use must be capped in a watertight manner or an abandonment completion report must be provided at the time of the inspection for all wells located within the footprint of the pit.

13. This permit is issued based upon the design prepared by the Permittee’s consultant. If at any time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D- 4.301 and 40D-4.302, F.A.C., have not been met, upon written notice by the District, the Permittee shall obtain a permit modification and perform any construction necessary thereunder to correct any deficiencies in the system design or construction to meet District rule criteria. The Permittee is advised that the correction of deficiencies may require re-construction of the surface water management system and/or mitigation areas.

14. Adverse impacts to wetlands located adjacent to the existing haul road are not authorized by this permit. If adverse impacts are observed, mining activities shall cease within 24 hours of written notification from the District. Mining activities shall not recommence until remedial actions have been conducted by the Permittee, been approved by the District, and written notification to recommence has been authorized by the District.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them.

______Authorized Signature

7 CONSENT ITEM 7

8 CONSENT ITEM 7 Default Date: February 11, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION MODIFICATION PERMIT NO. 43002236.038

Expiration Date: January 29, 2013 PERMIT ISSUE DATE: January 29, 2008

PROJECT NAME: City of Tampa - New Tampa Boulevard Extension from East of I-75 to Commerce Park Boulevard

GRANTED TO: City of Tampa Department of Public Works 306 East Jackson Street, 4E Tampa, FL 33602

ABSTRACT: The proposed project consists of a 0.7-mile length of two-lane roadway to connect the West Meadows area with the Tampa Palms area in north central Hillsborough County. It includes a viaduct over Interstate 75 (I-75), and it is located about 1.4 miles north of the intersection of Bruce B. Downs Boulevard and I-75. The ponds are designed for a four-lane roadway and a modification of this permit will be required prior to the construction of the additional two lanes. Water quality treatment and attenuation are to be provided in three wet detention ponds, two of which were constructed under previous permits, with the third pond to be constructed under this permit. The 100-year floodplain encroachment is to be mitigated off site in previously permitted areas. Wetland encroachment is to be mitigated by preservation of wetlands and uplands via a perpetual conservation easement covering an area approximately nine times larger than the area of encroachment.

OP. & MAINT. ENTITY: City of Tampa Department of Public Works

COUNTY: Hillsborough

SEC/TWP/RGE: 11, 14/27S/19E

TOTAL ACRES OWNED OR UNDER CONTROL: 16.50

PROJECT SIZE: 12.30 Acres

LAND USE: Government

DATE APPLICATION FILED: March 19, 2007

AMENDED DATE: November 13, 2007

9 Permit No.: 43002236.038 Project Name: City of Tampa – New Tampa Boulevard Extension from East of I-75 to Commerce Park Boulevard

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK I/95-2 1.12 Wet Detention TOTAL 1.12

Comments: Attenuation and water quality treatment are to be provided in three wet detention ponds. Ponds 806 and S-8 are existing and were permitted under Environmental Resource Permit (ERP) No. 49002236.012 and ERP No. 44005624.017, respectively. The applicant demonstrated that these two ponds were designed to provide water quality treatment for their respective portions of this roadway project. The third pond, Pond I/95-2, is proposed to be constructed with this roadway project. The ponds are designed for a four-lane roadway and a modification of this permit will be required prior to the construction of the additional two lanes.

A mixing zone is not required. A variance is not required.

II. 100-Year Floodplain

Encroachment Compensation Compensation Encroachment (Acre-Feet of fill) (Acre-Feet of Type* Result**(feet) excavation) 3.42 3.42 EE N/A

*Codes 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

Comments: There are areas of 100-year floodplain on the site that are proposed to be filled. Compensating storage for encroachment on the west side of I-75 is to be provided by equivalent excavation in adjacent Wetland Mitigation Area No. 6, which was constructed under ERP No. 49002236.012. The Engineer-of-Record demonstrated that the existing wetland mitigation area would adequately compensate for the proposed floodplain encroachment. The owner of the wetland mitigation area has provided written authorization for its use as floodplain mitigation for this roadway project.

Compensating storage for encroachment on the east side of I-75 is to be provided by equivalent excavation in Floodplain Compensation Area No. 100, which was constructed under ERP No. 43005624.034. The Engineer-of-Record demonstrated that the existing floodplain area would adequately compensate for the proposed floodplain encroachment. The owner of the floodplain mitigation area has provided written authorization for its use as floodplain mitigation for this roadway project.

10 Permit No.: 43002236.038 Project Name: City of Tampa – New Tampa Boulevard Extension from East of I-75 to Commerce Park Boulevard

III. Environmental Considerations

Wetland/Surface Water Information Count of Wetlands: 6 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* 1 0.54 0.16 0.38 0.28 0.00 0.00 1a 0.24 0.00 0.24 0.16 0.00 0.00 2a 0.46 0.03 0.43 0.33 0.00 0.00 3 0.10 0.00 0.10 0.09 0.00 0.00 5 0.90 0.00 0.90 0.87 0.00 0.00 7 0.12 0.00 0.12 0.00 0.00 0.00 TOTAL 2.36 0.19 2.17 1.73 0.00 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Wetland Comments: The New Tampa Boulevard Extension project contains 2.36 acres of forested and herbaceous wetland systems. The construction of the road and associated storm water system will permanently impact 2.17 acres of wetlands. A 0.12-acre portion of the wetland impacts has already been mitigated for in District ERP No. 49002236.012.

Mitigation Information Count of Mitigation: 7 Mitigation Name Creation/Restoration Enhancement Preservation Other Acres Functional Acres Functional Acres Functional Acres Functional Gain Gain Gain Gain U1 0.00 0.00 0.00 0.00 5.23 1.05 0.00 0.00 U2 0.00 0.00 0.00 0.00 3.13 0.65 0.00 0.00 U3 0.00 0.00 0.00 0.00 3.03 0.32 0.00 0.00 W1 0.00 0.00 0.00 0.00 0.85 0.01 0.00 0.00 W2 0.00 0.00 0.00 0.00 1.77 0.04 0.00 0.00 W3 0.00 0.00 0.00 0.00 3.35 0.07 0.00 0.00 W4 0.00 0.00 0.00 0.00 0.69 0.01 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 18.05 2.15 0.00 0.00

Mitigation Comments: To mitigate for the permanent wetland impacts, the permittee will place 18.05 acres of uplands and wetlands within a perpetual conservation easement granted to the Hillsborough County Environmental Protection Commission, with third party enforcement rights also granted to the District. A land management plan will also be implemented to ensure that the desired habitats are maintained.

Wetland impacts and related mitigation

Wetland: 1 Impact Area(s): 1 impact Mitigation: U1

Wetland: 1a Impact Area(s): 1a impact Mitigation: U1

11 Permit No.: 43002236.038 Project Name: City of Tampa – New Tampa Boulevard Extension from East of I-75 to Commerce Park Boulevard

Wetland: 2a Impact Area(s): 2a impact Mitigation: U1

Wetland: 3 Impact Area(s): 3 impact Mitigation: U1

Wetland: 5 Impact Area(s): 5 impact Mitigation: U1, U2, U3

A regulatory conservation easement is required.

A proprietary conservation easement is not required.

SPECIFIC CONDITIONS

2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to:

Tampa Regulation Department Southwest Florida Water Management District 7601 U.S. Highway 301 North Tampa, FL 33637-6759

The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted.

4. Within 30 days after completion of construction of the permitted activity, the Permittee shall submit to the Tampa Service Office a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter 40D-1.659, F.A.C., and signed, dated and sealed as-built drawings. The as-built drawings shall identify any deviations from the approved construction drawings.

12 Permit No.: 43002236.038 Project Name: City of Tampa – New Tampa Boulevard Extension from East of I-75 to Commerce Park Boulevard

6. In the event wetland impacts for which the preservation parcel is providing mitigation are not conducted, the permittee will notify the District in writing. Upon District verification that these wetland impacts have not occurred, the District will release any executed and recorded conservation easement.

7. The construction of all wetland impacts and wetland mitigation shall be supervised by a qualified environmental scientist/specialist/consultant. The Permittee shall identify, in writing, the environmental professional retained for construction oversight prior to initial clearing and grading activities.

8. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities:

A. wetland and surface water areas.

The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel.

9. Wetland boundaries as shown on the approved construction drawings shall be binding upon the Permittee and the District.

10. All construction is prohibited within the permitted project area until the Permittee acquires legal ownership or legal control of the project area as delineated in the permitted construction drawings.

11. The operation and maintenance entity shall submit inspection reports in the form required by the District, in accordance with the following schedule.

For systems utilizing retention or wet detention, the inspections shall be performed two (2) years after operation is authorized and every two (2) years thereafter.

12. The removal of littoral shelf vegetation (including cattails) from wet detention ponds is prohibited unless otherwise approved by the District. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Any questions regarding authorized activities within the wet detention ponds shall be addressed to the District's Surface Water Regulation Manager, Tampa Service Office.

13. This permit, Construction Permit No. 43002236.038, amends the previously issued Construction Permit Nos. 49002236.012 and 44005624.017, and adds conditions. All other original permit conditions remain in effect.

14. For the areas shown on the construction drawings as "Future", a permit modification shall be obtained for any construction in this/these areas. As a requirement of the permit modification for this/these areas, the Permittee shall submit a Statement of Completion and as-built drawings.

15. If limestone bedrock is encountered during construction of the surface water management system, the District must be notified and construction in the affected area shall cease.

16. The Permittee shall notify the District of any sinkhole development in the surface water management system within 48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery.

13 Permit No.: 43002236.038 Project Name: City of Tampa – New Tampa Boulevard Extension from East of I-75 to Commerce Park Boulevard

17. The District, upon prior notice to the Permittee, may conduct on-site inspections to assess the effectiveness of the erosion control barriers and other measures employed to prevent violations of state water quality standards and avoid downstream impacts. Such barriers or other measures should control discharges, erosion, and sediment transport during construction and thereafter. The District will also determine any potential environmental problems that may develop as a result of leaving or removing the barriers and other measures during construction or after construction of the project has been completed. The Permittee must provide any remedial measures that are needed.

18. This permit is issued based upon the design prepared by the Permittee’s consultant. If at any time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D- 4.301 and 40D-4.302, F.A.C., have not been met, upon written notice by the District, the Permittee shall obtain a permit modification and perform any construction necessary thereunder to correct any deficiencies in the system design or construction to meet District rule criteria. The Permittee is advised that the correction of deficiencies may require re-construction of the surface water management system and/or mitigation areas.

19. Prior to initiating any wetland or surface water impacts authorized by this permit, the Permittee must submit a copy of the executed and recorded conservation easement and title insurance policy for the conservation easement areas, in the amount and under the terms approved within the effective term of the title commitment. In addition, the management activities described in the plan received by the District on June 19, 2007, shall be implemented and completed prior to wetland impacts.

20. If the Pond S-8 side slopes have not been reconstructed to a 4:1 (horizontal:vertical) slope prior to construction, the Permittee shall do so during the construction process.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them.

______Authorized Signature

14 CONSENT ITEM 8

15 CONSENT ITEM 8 Default Date: February 18, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION MODIFICATION PERMIT NO. 43017451.003

Expiration Date: January 29, 2013 PERMIT ISSUE DATE: January 29, 2008

PROJECT NAME: K-Bar Ranch

GRANTED TO: Krusen - Douglas, LLC 1414 West Swann Avenue, Suite 100 Tampa, FL 33606

MJB of Florida, LLC 4014 Gunn Highway, Suite 250 Tampa, FL 33618

ABSTRACT: The K-Bar Ranch is an active cattle ranch located west of Morris Bridge Road (County Road 579), in northern Hillsborough County, adjacent to the Hillsborough-Pasco County line. This permit modifies and replaces Environmental Resource Permit No. 43017451.002 for K-Bar Ranch and will extend the permit to allow the continued excavation of five borrow pits. This permit modification reduces the project area and approves the reconfiguration and size reduction of proposed borrow Lake 6 from 80.81 acres to 24.00 acres. The total surface area for all five borrow pits is now 97.16 acres. This permit also authorizes the construction of the associated unpaved haul roads, re-charge ditches and diversion swales. The re-charge ditches will be used during construction to maintain the shallow groundwater table outside of the excavation areas and to protect the existing hydroperiods of the adjacent wetland areas. Approximately 65.63 acres of forested and herbaceous wetlands exist within the project area. No wetland impacts are proposed with the construction of this project. The proposed design and construction details provide reasonable assurance that existing drainage patterns and wetland hydroperiods will be maintained during and after the construction of the project.

OP. & MAINT. ENTITY: Krusen - Douglas, LLC and MJB of Florida, LLC

COUNTY: Hillsborough

SEC/TWP/RGE: 01, 02, 03, 04, 11/27S/20E

TOTAL ACRES OWNED OR UNDER CONTROL: 2,358.31

PROJECT SIZE: 351.09 Acres

16 Permit No.: 43017451.003 Project Name: K-Bar Ranch

LAND USE: Mining

DATE APPLICATION FILED: July 20, 2006

AMENDED DATE: March 6, 2007

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 2 9.45 N/A 3A 11.21 N/A 3B 14.30 N/A 4A 6.21 N/A 4B 4.76 N/A 5A 14.58 N/A 5B 12.65 N/A 6 24.00 N/A TOTAL 97.16

A mixing zone is not required. A variance is not required.

II. 100-Year Floodplain

Encroachment Compensation Compensation Encroachment (Acre-Feet of fill) (Acre-Feet of Type* Result**(feet) excavation) 2.60 5.07 EE N/A

*Codes 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

Comments: Compensatory storage for floodplain encroachments is provided in separate Floodplain Mitigation Areas or Spreader/Division Ditches Adjacent to Borrow Lakes 3A/3B, 4A/4B, and 5A.

17 Permit No.: 43017451.003 Project Name: K-Bar Ranch

III. Environmental Considerations

Wetland/Surface Water Information Count of Wetlands:26 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* A/1 8.57 8.57 0.00 0.00 0.00 0.00 A/2 1.48 1.48 0.00 0.00 0.00 0.00 A/3 1.03 1.03 0.00 0.00 0.00 0.00 A/4 0.04 0.04 0.00 0.00 0.00 0.00 A/5 0.26 0.26 0.00 0.00 0.00 0.00 A/6 0.68 0.68 0.00 0.00 0.00 0.00 A/7 0.18 0.18 0.00 0.00 0.00 0.00 Parcel 1 A/8 3.57 3.57 0.00 0.00 0.00 0.00 A/9 21.50 21.50 0.00 0.00 0.00 0.00 A/10 0.06 0.06 0.00 0.00 0.00 0.00 Parcel 1 A/11 1.62 1.62 0.00 0.00 0.00 0.00 A/12 0.66 0.66 0.00 0.00 0.00 0.00 A/13 0.53 0.53 0.00 0.00 0.00 0.00 A/14 6.01 6.01 0.00 0.00 0.00 0.00 A/16 0.99 0.99 0.00 0.00 0.00 0.00 A/17 0.28 0.28 0.00 0.00 0.00 0.00 A/23 0.03 0.03 0.00 0.00 0.00 0.00 A/24 0.18 0.18 0.00 0.00 0.00 0.00 A/15 11.00 11.00 0.00 0.00 0.00 0.00 A/18 0.62 0.62 0.00 0.00 0.00 0.00 A/19 0.67 0.67 0.00 0.00 0.00 0.00 A/20 0.37 0.37 0.00 0.00 0.00 0.00 A/21 1.61 1.61 0.00 0.00 0.00 0.00 A/22 0.12 0.12 0.00 0.00 0.00 0.00 Parcel 3 A/8 0.05 0.05 0.00 0.00 0.00 0.00 Parcel 3 A/11 3.52 3.52 0.00 0.00 0.00 0.00 TOTAL 65.63 65.63 0.00 0.00 0.00 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Wetland Comments: There are 65.63 acres of forested cypress and freshwater marsh wetlands within the project area. The proposed lake excavations will not impact any wetlands within the project area.

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

SPECIFIC CONDITIONS

18 Permit No.: 43017451.003 Project Name: K-Bar Ranch

(which may be a modification of this permit) for the land owned by that person. This condition shall not apply to the division and sale of lots or units in residential subdivisions or condominiums.

2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to:

Tampa Regulation Department Southwest Florida Water Management District 7601 U.S. Highway 301 North Tampa, FL 33637-6759

The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted.

6. Wetland buffers shall remain in an undisturbed condition except for approved drainage facility construction/maintenance.

7. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities:

A. wetland and surface water areas, and B. wetland buffers.

The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel.

8. Wetland boundaries as shown on the approved construction drawings shall be binding upon the Permittee and the District.

9. This modification, Construction Permit No. 43017451.003, amends and replaces the previously issued Construction Permit No. 43017451.002, and all conditions are replaced by the conditions herein.

10. If limestone bedrock is encountered during construction of the surface water management system, the District must be notified and construction in the affected area shall cease.

19 Permit No.: 43017451.003 Project Name: K-Bar Ranch

11. The Permittee shall notify the District of any sinkhole development in the surface water management system within 48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery.

12. The District, upon prior notice to the Permittee, may conduct on-site inspections to assess the effectiveness of the erosion control barriers and other measures employed to prevent violations of state water quality standards and avoid downstream impacts. Such barriers or other measures should control discharges, erosion, and sediment transport during construction and thereafter. The District will also determine any potential environmental problems that may develop as a result of leaving or removing the barriers and other measures during construction or after construction of the project has been completed. The Permittee must provide any remedial measures that are needed.

14. All Monitoring Wells/Piezometers, Staff gauges and Turbidity Monitoring Stations shown on the approved construction plans dated November 20, 2007 shall be installed prior to the commencement of construction.

15. All Monitoring Wells/Piezometers and Staff gauges shall be monitored weekly during construction. Reports shall be submitted to the Surface Water Regulation Manager at the Tampa Service Office on a monthly basis.

16. Turbidity monitoring shall be conducted weekly if water is not being discharged into wetlands. If water is being discharged to wetlands, turbidity shall be monitored at least daily, or more often as determined by the project engineer if needed, to ensure compliance. Turbidity shall not exceed 29 N.T.U. above background level. If the discharge does not meet these standards, the discharge will be immediately stopped and the District shall be notified of corrective action taken to correct the violation. Monitoring reports shall be submitted to the Surface Water Regulation Manager, at the Tampa Service Office on a monthly basis.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them.

______Authorized Signature

20 CONSENT ITEM 9

21 CONSENT ITEM 9 Default Date: January 30, 2007

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43018838.026

Expiration Date: January 29, 2013 PERMIT ISSUE DATE: January 29, 2008

PROJECT NAME: Sunset Isles

GRANTED TO: Sunset Isle, Ltd. c/o Signet Investment Corporation 3505 East Frontage Road, Suite 115 Tampa, FL 33607-7007

ABSTRACT: This project involves the construction of 109 boat slips near the terminus of Golf and Sea Boulevard, located approximately 3.37 miles southwest of the intersection of County Road 672 and U.S. Highway 41, in Apollo Beach, Hillsborough County. The facility is proposed as an amenity to planned future residential development on adjacent uplands. Boardwalk access to fixed finger piers will be constructed over a maintained mangrove fringe with all slips over unvegetated open water. Sovereign Submerged Lands Authorization will be reviewed by the Tampa Port Authority.

OP. & MAINT. ENTITY: Sunset Isle Homeowners Association, Inc.

COUNTY: Hillsborough

SEC/TWP/RGE: 20/31S/19E

TOTAL ACRES OWNED OR UNDER CONTROL: 29.50

PROJECT SIZE: 10.82 Acres

LAND USE: Residential

DATE APPLICATION FILED: February 23, 2007

AMENDED DATE: N/A

22 Permit No.: 43018838.026 Project Name: Sunset Isles

I. Water Quantity/Quality

A mixing zone is not required. A variance is not required.

II. 100-Year Floodplain

Encroachment Compensation Compensation Encroachment (Acre-Feet of fill) (Acre-Feet of excavation) Type Result (feet) 0.00 0.00 N/A N/A

III. Environmental Considerations

Wetland/Surface Water Information Count of Wetlands: 1 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* Tampa Bay 10.82 10.79 0.00 0.00 0.03 0.00 TOTAL 10.82 10.79 0.00 0.00 0.03 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Wetland Comments: There are 10.82 acres of wetlands and open water canals within the project area. The marina will provide a total of 109 boat slips for this project. The construction of the access walkways will be over the maintained mangrove fringe and will result in 0.03-acre of temporary wetland impacts to this fringe. There are no permanent wetland impacts for this project and no wetland mitigation is required.

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

SPECIFIC CONDITIONS

23 Permit No.: 43018838.026 Project Name: Sunset Isles

2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to:

Tampa Regulation Department Southwest Florida Water Management District 7601 U.S. Highway 301 North Tampa, FL 33637-6759

The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted.

6. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities:

A. wetland and surface water areas.

The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel.

7. Wetland boundaries shown on the approved construction drawings shall be binding upon the Permittee and the District.

8. The following language shall be included as part of the deed restrictions for each lot:

"No owner of property within the subdivision may construct or maintain any building, residence, or structure, or undertake or perform any activity in the wetlands, wetland mitigation areas, buffer areas, upland conservation areas and drainage easements described in the approved permit and recorded plat of the subdivision, unless prior approval is received from the Southwest Florida Water Management District, Tampa Regulation Department."

9. Rights-of-way and easement locations necessary to construct, operate and maintain all facilities, which constitute the permitted surface water management system, shall be shown on the final plat recorded in the County Public Records. Documentation of this plat recording shall be submitted to the District with the Statement of Completion and Request for Transfer to Operation Entity Form, and prior to beneficial occupancy or use of the site. The plat shall include the locations and limits of the following:

24 Permit No.: 43018838.026 Project Name: Sunset Isles

A. all wetlands, and B. wetland buffers.

10. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Tampa Regulation Department:

A. homeowners, property owners, master association or condominium association articles of incorporation, and

B. declaration of protective covenants, deed restrictions or declaration of condominium.

The Permittee shall submit these documents either: (1) within 180 days after beginning construction or with the Statement of Completion and as-built construction plans if construction is completed prior to 180 days, or (2) prior to any lot or unit sales within the project served by the surface water management system, whichever occurs first.

11. The following language shall be included as part of the deed restrictions for each lot:

"Each property owner within the subdivision at the time of construction of a building, residence, or structure shall comply with the construction plans for the surface water management system approved and on file with the Southwest Florida Water Management District."

12. Manatee protection during construction shall be provided by the following:

A. The Permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for monitoring water-related activities to determine the presence of manatee(s).

B. The Permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act.

C. Turbidity barriers shall be made of material in which manatees cannot become entangled, properly secured, and regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat.

D. All vessels associated with the construction project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

E. If manatee(s) are seen within 100 yards of the active construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Any equipment closer than 50 feet of a manatee must immediately cease operation. Activities will not resume until the manatee(s) has departed the project area of its own volition.

F. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission’s Hotline at 1-888-404-FWCC. Collision or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232- 2580) for north Florida or Vero Beach (1-561-562-3909) for south Florida.

25 Permit No.: 43018838.026 Project Name: Sunset Isles

G. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs shall be removed by the Permittee upon completion of the project. A sign measuring at least 3 feet by 4 feet. which reads “Caution: Manatee Area” must be posted in a location prominently visible to water related construction crews. A second sign must be posted if vessels are associated with the construction, and must be visible to the vessel operator. The second sign must be at least 8 ½ inches by 11 inches which reads “Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. Any equipment closer than 50 feet of a manatee must immediately cease operation. Any collision or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commissions’ Hotline at 1-888-404-FWCC (1-888-404-3922).”

13. Within 30 days prior to completion of construction, the Permittee shall install permanent educational manatee signs in accordance with Florida Fish and Wildlife Conservation Commission (FWC) guidelines, including FWC approval for the number, type, and location of signs. Permittee agrees to replace the signs in the event the signs fade, become damaged or outdated, and maintain these signs for the life of the facility. The guidelines for installation can be found at http://www.myfwc.com/manatee/signs/, or can be obtained by contacting the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section at: 620 South Meridian Street, 6A, Tallahassee, Florida 32399-1600 (telephone 850/922-4330).

14. This permit is issued based upon the design prepared by the Permittee’s consultant. If at any time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D- 4.301 and 40D-4.302, F.A.C., have not been met, upon written notice by the District, the Permittee shall obtain a permit modification and perform any construction necessary thereunder to correct any deficiencies in the system design or construction to meet District rule criteria. The Permittee is advised that the correction of deficiencies may require re-construction of the surface water management system and/or mitigation areas.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them.

______Authorized Signature

26 CONSENT ITEM 10

27 CONSENT ITEM 10 Default Date: January 24, 2007

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43029777.004

Expiration Date: January 29, 2012 PERMIT ISSUE DATE: January 29, 2007

PROJECT NAME: New Port Tampa Bay - Phase 1 Marina

GRANTED TO: Ecoventure New Port Marina, LLC 601 Bayshore Boulevard, Suite 960 Tampa, FL 33606

ABSTRACT: This permit authorizes 183 dedicated wet slips and 3 temporary mooring slips, including a public "Esplanade" boardwalk, for the construction of the New Port Tampa Bay – Phase 1 Marina. The project is located approximately 0.30-mile southwest of the intersection of Gandy Boulevard and Westshore Boulevard in Tampa, Hillsborough County. A 5.67-acre area will be dredged to elevation - 11.15 NAVD, and a 0.96-acre Upland Peninsula will be removed within the former Imperial Yacht Basin. There are no natural resources such as submerged aquatic vegetation located within the project boundaries of the former Imperial Yacht Basin; therefore, mitigation is not required for this permit. The upland developments associated with the New Port Tampa Bay – Phase 1 Marina have been permitted through Environmental Resource Permit Nos. 44029777.000 and 44029777.002. Sovereign Submerged Lands Authorization will be reviewed by the Tampa Port Authority.

OP. & MAINT. ENTITY: New Port Marina Slip Club

COUNTY: Hillsborough

SEC/TWP/RGE: 08/30S/18E

TOTAL ACRES OWNED OR UNDER CONTROL: 53.00

PROJECT SIZE: 53.00 Acres

LAND USE: Multi-family Residential

DATE APPLICATION FILED: April 3, 2007

AMENDED DATE: N/A

28 Permit No.: 43029777.004 Project Name: New Port Tampa Bay – Phase 1 Marina

I. Water Quantity/Quality

Neither water quantity attenuation nor water quality treatment are required. Hydrographic studies demonstrate that flushing time (the time required to reduce the concentration of a conservative pollutant to ten percent of its original concentration) for the marina basin will be substantially improved with the removal of Upland Peninsula. Pollutants leaving the docking facility are expected to adequately disperse in the receiving water body so as not to significantly affect existing ambient water quality. Water quality samples show that copper levels in the receiving water body exceed state standards for Class III Waters. The facility will address this by limiting potential pollutant loading sources to the receiving water body. PVC piling protection wrap will prevent potential contributions of copper loading to the receiving water body from treated pilings. Water quality treatment will also be provided for runoff entering the receiving water body from the related upland development. Fueling and sewage pump-out facilities are proposed, and a fuel spill prevention and response plan was provided.

A mixing zone is required. A variance is not required.

II. 100-Year Floodplain

Encroachment Compensation Compensation Encroachment (Acre-Feet of fill) (Acre-Feet of excavation) Type Result (feet) 0.00 0.00 N/A N/A

III. Environmental Considerations

Wetland/Surface Water Information Count of Wetlands: 1 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* Former Imperial Yacht Basin 17.00 14.85 2.15 0.00 0.00 0.00 TOTAL 17.00 14.85 2.15 0.00 0.00 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Wetland Comments: There are 183 dedicated wet slips and 3 temporary mooring slips, including a public "Esplanade" boardwalk, for the construction of the New Port Tampa Bay - Phase 1 Marina. A 5.67-acre area will be dredged to elevation -11.15 NAVD, and a 0.96 acre-Upland Peninsula will be removed within the former Imperial Yacht Basin. There are no natural resources such as submerged aquatic vegetation located within the project boundaries of the Former Imperial Yacht Basin; therefore, mitigation is not required for this permit. All wood pilings will be wrapped with PVC, and in-slip and centralized sewage pump-outs will be located throughout the marina. Water quality and flushing improvements to the former Imperial Yacht Basin include, stormwater treatment in the uplands permitted through Environmental Resource Permit Nos. 44029777.000 and 44029777.002, removal of the 0.96-acre Upland Peninsula, sewage pump-outs, and wrapped pilings. The existing sediments have heightened levels of contaminants, such as arsenic, copper, lead and zinc; therefore, the dredged spoil will be disposed of at the OMNI Landfill in Kissimmee, Florida, and water quality monitoring will be conducted during dredge activities. Water quality monitoring is required during dredging activities to ensure turbidity and water quality standards are not violated pursuant to 62-302, F.A.C. Sovereign submerged lands authorization will be reviewed by the Tampa Port Authority.

29 Permit No.: 43029777.004 Project Name: New Port Tampa Bay – Phase 1 Marina

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

SPECIFIC CONDITIONS

2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to:

Tampa Regulation Department Southwest Florida Water Management District 7601 U.S. Highway 301 North Tampa, FL 33637-6759

The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted.

6. The construction of all wetland impacts and wetland mitigation shall be supervised by a qualified environmental scientist/specialist/consultant. The Permittee shall identify, in writing, the environmental professional retained for construction oversight prior to initial clearing and grading activities.

7. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities:

A. wetland and surface water areas, and B. limits of approved wetland impacts.

30 Permit No.: 43029777.004 Project Name: New Port Tampa Bay – Phase 1 Marina

The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel.

8. Wetland boundaries as shown on the approved construction drawings shall be binding upon the Permittee and the District.

9. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Tampa Regulation Department:

A. homeowners, property owners, master association or condominium association articles of incorporation, and

B. declaration of protective covenants, deed restrictions or declaration of condominium.

10. Manatee protection during construction shall be provided by the following:

31 Permit No.: 43029777.004 Project Name: New Port Tampa Bay – Phase 1 Marina

11. Within 30 days prior to completion of construction, the Permittee shall install permanent educational manatee signs in accordance with Florida Fish and Wildlife Conservation Commission (FWC) guidelines, including FWC approval for the number, type, and location of signs. Permittee agrees to replace the signs in the event the signs fade, become damaged or outdated, and maintain these signs for the life of the facility. The guidelines for installation can be found at http://www.myfwc.com/manatee/signs/, or can be obtained by contacting the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section at: 620 South Meridian Street, 6A, Tallahassee, Florida 32399-1600 (telephone 850/922-4330).

13. The Permittee shall, during all dredging activities, install and maintain floating turbidity curtains along the boundaries of the dredging areas shown on the approved construction drawings. A mixing zone is authorized within the approved dredge limits as shown on the approved construction plans received November 9, 2007, provided that water quality standards are met at the boundary and outside the mixing zone at the compliance and background monitoring stations. 14. Water quality monitoring will be required for turbidity, arsenic, copper, lead and zinc located at the compliance monitoring stations and the background monitoring stations. Water sampling results must be submitted to the Southwest Florida Water Management District, Tampa Permitting Department, on a monthly basis to demonstrate compliance with State Water Quality Standards, pursuant to Chapter 62-302, F.A.C.

15. The Permittee shall submit the results from monitoring for turbidity, arsenic, copper, lead and zinc in the Former Imperial Yacht Basin, Hendry and Moody Basin, and downstream channel to ensure that the water quality of the receiving waterbody is not violated. There shall be no increase in turbidity more than 29 N.T.U.'s above background and water quality standards must be met, pursuant to Chapter 62-302, F.A.C., at the compliance and background monitoring stations.

16. The permittee shall submit turbidity data samples of the existing water quality conditions within the background monitoring locations prior to the start of any construction activities.

17. Water quality monitoring shall be conducted as follows:

32 Permit No.: 43029777.004 Project Name: New Port Tampa Bay – Phase 1 Marina

Water samples are to be taken twice daily at least four hours apart during dredging activities. A minimum of two compliance testing stations are required at the boundary of the mixing zone areas (outside the turbidity curtain), and two background testing stations located within the downstream channel of the Former Imperial Yacht Basin, and one compliance testing station within the Hendry and Moody Basin. The samples are to be taken (outside the turbidity barrier) during an out-going tide, and within the densest portion of any visible turbidity plume. Each compliance testing location must consist of two samples: one, two feet above the mudline and second, two feet below the water surface. The background testing stations shall be established 500 feet downstream of the project boundary, also consisting of two samples. All monitoring data shall contain the following information:

A. Permit number B. Date of sampling and analysis C. A statement describing the method used in collection, handling, storage and analysis of the samples D. A map indicating the sampling stations (locations). E. A statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data. F. Time of day the samples were taken G. Depth of the samples H. Antecedent weather conditions I. Tide information (direction and stage) J. Turbidity sample result(s) expressed as Nephelometric Turbidity Units (NTU)

18. If monitoring reveals any increase in turbidity and/or exceedance of water quality standards, all dredging activities shall cease immediately. Corrective measures must be taken and no dredging shall continue until turbidity and water quality have returned to background levels. Any such occurrence shall be reported to the Southwest Florida Water Management District, Tampa Permitting Department, immediately on the same work day, by facsimile (FAX) 813-987-6746, attention Environmental Manager.

19. The Permittee shall install and maintain the in-slip and centralized sewage pump-out stations as shown on the approved construction drawings received by the District on November 9, 2007.

20. The Permittee shall wrap the dock pilings with PVC per the details shown on the approved construction drawings received by the District on November 9, 2007.

21. A "No Mooring Sign" shall be installed at the west end of Pier I as shown on Sheet 12 of 17 of the approved constructed drawings.

22. Best Management Practice's for erosion control measures shall be installed and maintained around the temporary impoundment area located on the adjacent uplands as shown on Sheet 5 of 17 of the approved construction drawings. Discharge of sediments from the temporary impoundment area into the adjacent Hendry and Moody Basin is prohibited.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them.

______Authorized Signature

33 CONSENT ITEM 11

34 CONSENT ITEM 11 Default Date: February 12, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43027835.000

Expiration Date: January 29, 2013 PERMIT ISSUE DATE: January 29, 2008

PROJECT NAME: Country Oaks

GRANTED TO: Cabin Creek, Inc. 6501 64th Drive East Palmetto, FL 34221

ABSTRACT: This permit authorizes the construction of a new surface water management system to serve an 18.80-acre residential development known as Country Oaks. The project is located on Experimental Farm Road (49th Street), approximately one-quarter mile west of Ellenton Gillette Road (County Road 683) in Manatee County. Information regarding the surface water management system, 100-year floodplain, wetlands and/or surface waters is stated below and on the permitted construction drawings for the project.

OP. & MAINT. ENTITY: Cabin Creek, Inc.

COUNTY: Manatee

SEC/TWP/RGE: 32/33S/18E

TOTAL ACRES OWNED OR UNDER CONTROL: 18.80

PROJECT SIZE: 18.80 Acres

LAND USE: Mobile Home Park

DATE APPLICATION FILED: June 12, 2006

AMENDED DATE: November 2, 2007

35 Permit No.: 43027835.000 Project Name: Country Oaks

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 1 1.02 Wet Detention 2 1.55 Wet Detention TOTAL 2.57

Comments: Construction activities include 82 mobile home lots, roadways, storm piping and a surface water management system. During construction, Best Management Practices (effective turbidity and sediment control measures) will be in place. The total impervious area is 4.95 acres. Treated runoff from the project discharges to a ditch along the west property line.

A mixing zone is not required. A variance is not required.

II. 100-Year Floodplain

Encroachment Compensation Compensation Encroachment (Acre-Feet of fill) (Acre-Feet of excavation) Type Result (feet) N/A N/A N/A N/A

Comments: The 100-year floodplain is not located within the project area. Historic basin storage impacts associated with impacts to wetlands and other surface waters are addressed in the hydrologic/hydraulic drainage modeling.

III. Environmental Considerations

Wetland/Surface Water Information Count of Wetlands: 4 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* Wetland 1 0.25 0.03 0.22 0.00 0.00 0.00 Lake 1 0.51 0.00 0.51 0.00 0.00 0.00 Lake 2 0.31 0.00 0.31 0.00 0.00 0.00 Lake 3 1.02 0.00 1.02 0.00 0.00 0.00 TOTAL 2.09 0.03 2.06 0.00 0.00 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Wetland Comments: There is one isolated wetland totaling 0.25 acre and three upland-cut ponds totaling 1.84 acres located within the project area. A total of 0.22 acre of the isolated wetland and 1.84 acres of upland-cut ponds will be permanently impacted for the placement of fill for residential development.

Mitigation Comments: Mitigation will not be required for permanent filling impacts to the less than 0.50 acre isolated wetland and upland-cut ponds pursuant to Sections 3.2.2.1, 3.2.2.2, and 3.2.2 of the Basis of Review, respectively. Under these sections, wetland mitigation is not required for impacts to nonfunctional wetland habitat and alterations to wholly owned ponds that were constructed entirely in uplands.

A regulatory conservation easement is not required.

36 Permit No.: 43027835.000 Project Name: Country Oaks

A proprietary conservation easement is not required.

SPECIFIC CONDITIONS

2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to:

Sarasota Regulation Department Southwest Florida Water Management District 6750 Fruitville Road Sarasota, FL 34240-9711

The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted.

6. Wetland 1 boundaries shown on the approved construction drawings shall be binding upon the Permittee and the District.

7. The operation and maintenance entity shall submit inspection reports in the form required by the District, in accordance with the following schedule.

For systems utilizing retention or wet detention, the inspections shall be performed two (2) years after operation is authorized and every two (2) years thereafter.

37 Permit No.: 43027835.000 Project Name: Country Oaks

8. The removal of littoral shelf vegetation (including cattails) from wet detention ponds is prohibited unless otherwise approved by the District. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Any questions regarding authorized activities within the wet detention ponds shall be addressed to the District's Surface Water Regulation Manager, Sarasota Service Office.

9. The District, upon prior notice to the Permittee, may conduct on-site inspections to assess the effectiveness of the erosion control barriers and other measures employed to prevent violations of state water quality standards and avoid downstream impacts. Such barriers or other measures should control discharges, erosion, and sediment transport during construction and thereafter. The District will also determine any potential environmental problems that may develop as a result of leaving or removing the barriers and other measures during construction or after construction of the project has been completed. The Permittee must provide any remedial measures that are needed.

10. This permit is issued based upon the design prepared by the Permittee’s consultant. If at any time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D- 4.301 and 40D-4.302, F.A.C., have not been met, upon written notice by the District, the Permittee shall obtain a permit modification and perform any construction necessary thereunder to correct any deficiencies in the system design or construction to meet District rule criteria. The Permittee is advised that the correction of deficiencies may require re-construction of the surface water management system and/or mitigation areas.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them.

______Authorized Signature

38 CONSENT ITEM 12

39 CONSENT ITEM 12 Default Date: February 11, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43033278.000

Expiration Date: January 29, 2013 PERMIT ISSUE DATE: January 29, 2008

PROJECT NAME: 4 Star Tomato, Inc. - Rutland Road Water Conservation Project

GRANTED TO: 4 Star Tomato, Inc. Post Office Box 91 Ellenton, FL 34222

ABSTRACT: This permit authorizes the construction of a surface water management system to serve a 179.80-acre borrow pit excavation project known as 4 Star Tomato, Inc.- Rutland Road. The project is located on the northeast side of County Road 675 (Rutland Road) approximately 5.5 miles northwest of State Road 64, in Manatee County. Information regarding the surface water management system, 100- year floodplain, wetlands and/or surface waters is stated below and on the permitted construction drawings for the project. Agricultural Water Use Permit (WUP) No. 20010487.007 and Mining WUP No. 20013160.000 are associated with this project.

OP. & MAINT. ENTITY: 4 Star Tomato, Inc.

COUNTY: Manatee

SEC/TWP/RGE: 6/34S/20E

TOTAL ACRES OWNED OR UNDER CONTROL: 649.20

PROJECT SIZE: 179.80 Acres

LAND USE: Agricultural

DATE APPLICATION FILED: August 20, 2007

AMENDED DATE: N/A

40 Permit No.: 43033278.000 Project Name: 4 Star Tomato, Inc. – Rutland Road Water Conservation Project

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK South Reservoir 77.90 On-line Retention North Reservoir 48.20 On-line Retention Littoral Zone 12.40 Wet Detention TOTAL 138.50

Comments: Water quality treatment and attenuation storage will be provided by two on-line retention ponds and one wet detention pond.

A mixing zone is not required. A variance is not required.

II. 100-Year Floodplain

Encroachment Compensation Compensation Encroachment (Acre-Feet of fill) (Acre-Feet of Type* Result**(feet) excavation) 0.00 0.00 N/A N/A

III. Environmental Considerations

Wetland/Surface Water Information Count of Wetlands: 1 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* Upland-Cut Ditches 5.01 2.39 2.62 0.00 0.00 0.00 TOTAL 5.01 2.39 2.62 0.00 0.00 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Wetland Comments: There are no wetlands located within the project area. However, there are several wetlands located within the greater contiguously owned property limits, outside of the identified project area, whereby adverse wetland impacts are not authorized by this permit. There are 5.01 acres of upland-cut ditches located within the project area, 2.62 acres of which will be impacted by the excavation of the borrow pit.

Mitigation Comments: Wetland mitigation will not be required for permanent excavation impacts to the upland-cut ditches pursuant to Section 3.2.2.2 of the Basis of Review. Under this section, mitigation is not required for impacts to nonfunctional habitat.

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

41 Permit No.: 43033278.000 Project Name: 4 Star Tomato, Inc. – Rutland Road Water Conservation Project

SPECIFIC CONDITIONS

2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to:

Sarasota Regulation Department Southwest Florida Water Management District 6750 Fruitville Road Sarasota, FL 34240-9711

The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted.

6. Wetland buffers shall remain in an undisturbed condition except for approved drainage facility construction/maintenance.

7. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities:

A. wetland and surface water areas B. wetland buffers

The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel.

8. The operation and maintenance entity shall submit inspection reports in the form required by the District, in accordance with the following schedule.

42 Permit No.: 43033278.000 Project Name: 4 Star Tomato, Inc. – Rutland Road Water Conservation Project

For systems utilizing retention or wet detention, the inspections shall be performed two (2) years after operation is authorized and every two (2) years thereafter.

9. No dewatering associated with the mining operation may occur until the appropriate mining water use permit is obtained

10. The Permittee shall record and submit vegetative monitoring reports and monitoring well and staff gauge readings in accordance with the Monitoring and Contingency Plan submitted by Gary Bethune, P.E., in support of the application, received by the District on November 13, 2007. Water level readings at two monitor well/staff gauge pairs shall be read weekly and submitted monthly. Vegetative reports consisting of panoramic photos and Uniform Mitigation Assessment Method (UMAM) evaluations shall be conducted annually and annual reports shall be submitted by June 1 of each year until the excavation is complete. The monitor well/staff gauge pairs and vegetative assessment sites are located in Wetland Nos. 5 and 6, which are adjacent to the project area.

11. This permit is issued based upon the design prepared by the Permittee’s consultant. If at any time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D- 4.301 and 40D-4.302, F.A.C., have not been met, upon written notice by the District, the Permittee shall obtain a permit modification and perform and construction necessary thereunder to correct any deficiencies in the system design or construction to meet District rule criteria. The Permittee is advised that the correction of deficiencies may require re-construction of the surface water management system.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them.

______Authorized Signature

43 CONSENT ITEM 13

44 CONSENT ITEM 13 Default Date: March 6, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43033109.000

Expiration Date: January 29, 2013 PERMIT ISSUE DATE: January 29, 2008

PROJECT NAME: Heath Preserve

GRANTED TO: BAYI, LLC 1720 SE 16th Avenue, Building 200 Ocala, FL 34471

ABSTRACT: This permit is for the construction of a new surface water management system to serve a 194.05-acre, 414-lot residential subdivision. The project is located on NW 44th Avenue, north of Ocala International Commerce Park in Marion County. The City of Ocala has applied for an Environmental Resource Permit (ERP) for the construction of NW 44th Avenue (ERP No. 44033109.001) which will tie into the eastern portion of the project. Adjacent permitted projects include ERP Nos. 44022475.000 (Ocala International Commerce Park – Phase 2) to the south, and 44022475.003 (Gordon Food Service) to the west. Information regarding the surface water management system and wetlands is contained within the tables below.

OP. & MAINT. ENTITY: BAYI, LLC

COUNTY: Marion

SEC/TWP/RGE: 9,10/15S/21E

TOTAL ACRES OWNED OR UNDER CONTROL: 194.05

PROJECT SIZE: 194.05 Acres

LAND USE: Residential

DATE APPLICATION FILED: July 10, 2007

AMENDED DATE: N/A

45 Permit No.: 43033109.000 Project Name: Heath Preserve

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK DRA D 3.35 On-line Retention DRA E 9.51 On-line Retention DRA F-1 2.58 On-line Retention DRA F-2 1.46 On-line Retention DRA F-3 1.59 On-line Retention DRA G 11.65 On-line Retention DRA 4 2.30 On-line Retention Wetland A 30.96 N/A TOTAL 63.40

A mixing zone is not required. A variance is not required.

II. 100-Year Floodplain

Encroachment Compensation Compensation Encroachment (Acre-Feet of fill) (Acre-Feet of Type* Result**(feet) excavation) 0.19 0.19 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; MI = Minimal Impact based on modeling of existing stages vs. post-project encroachment. N/A = Not Applicable

**Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims MI type of compensation.

III. Environmental Considerations

Wetland/Surface Water Information Count of Wetlands: 2 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* Wetland A 24.44 24.39 0.05 0.00 0.00 0.00 Wetland B 0.24 0.24 0.00 0.00 0.00 0.00 TOTAL 24.68 24.63 0.05 0.00 0.00 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Wetland Comments: There are 24.68 acres of wetlands within the project area. Project construction will result in 0.05 acre of filling in Wetland A. No mitigation is required for the impact since the habitat quality of the impact area is poor and the impact does not result in adverse impacts to wetland functions or the abundance and diversity of fish and wildlife.

46 Permit No.: 43033109.000 Project Name: Heath Preserve

SPECIFIC CONDITIONS

2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to:

Brooksville Regulation Department Southwest Florida Water Management District 2379 Broad Street Brooksville, FL 34604-6899

The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted.

4. Within 30 days after completion of construction of the permitted activity, the Permittee shall submit to the Brooksville Service Office a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter 40D-1.659, F.A.C., and signed, dated and sealed as-built drawings. The as-built drawings shall identify any deviations from the approved construction drawings.

6. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities:

A. wetland buffers

The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel.

7. All wetland boundaries shown on the approved construction drawings shall be binding upon the Permittee and the District.

47 Permit No.: 43033109.000 Project Name: Heath Preserve

8. Rights-of-way and easement locations necessary to construct, operate and maintain all facilities, which constitute the permitted surface water management system (including all wetlands and wetland buffers), shall be shown on the final plat recorded in the County Public Records. Documentation of this plat recording shall be submitted to the District with the Statement of Completion and Request for Transfer to Operation Entity Form, and prior to beneficial occupancy or use of the site.

9. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Brooksville Regulation Department:

A. homeowners, property owners, master association or condominium association articles of incorporation, and

B. declaration of protective covenants, deed restrictions or declaration of condominium.

10. The following language shall be included as part of the deed restrictions for each lot:

11. The operation and maintenance entity shall submit inspection reports in the form required by the District, in accordance with the following schedule.

For systems utilizing retention or wet detention, the inspections shall be performed two (2) years after operation is authorized and every two (2) years thereafter.

12. If limestone bedrock is encountered during construction of the surface water management system, the District must be notified and construction in the affected area shall cease.

13. The Permittee shall notify the District of any sinkhole development in the surface water management system within 48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery.

14. The District, upon prior notice to the Permittee, may conduct on-site inspections to assess the effectiveness of the erosion control barriers and other measures employed to prevent violations of state water quality standards and avoid downstream impacts. Such barriers or other measures should control discharges, erosion, and sediment transport during construction and thereafter. The District will also determine any potential environmental problems that may develop as a result of leaving or removing the barriers and other measures during construction or after construction of the project has been completed. The Permittee must provide any remedial measures that are needed.

15. This permit is issued based upon the design prepared by the Permittee’s consultant. If at any time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D- 4.301 and 40D-4.302, F.A.C., have not been met, upon written notice by the District, the Permittee shall obtain a permit modification and perform any construction necessary thereunder to correct any deficiencies in the system design or construction to meet District rule criteria.

48 Permit No.: 43033109.000 Project Name: Heath Preserve

The Permittee is advised that the correction of deficiencies may require re-construction of the surface water management system and/or mitigation areas.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them.

______Authorized Signature

49 CONSENT ITEM 14

50 CONSENT ITEM 14 Default Date: March 26, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43023781.012

Expiration Date: January 29, 2013 PERMIT ISSUE DATE: January 29, 2008

PROJECT NAME: Sunlake Development

GRANTED TO: Sunlake Retail Property Trust 1600 NE Miami Gardens Drive North Miami Beach, FL 33179

ABSTRACT: This permit is for construction of a new surface water management system to serve a commercial development within a 40.39-acre project area. The project site is located on the north side of SR 54, approximately one mile west of US 41, in southern Pasco County. Adjacent permitted facilities which abut the project include DOT-SR 54/Meadowbrook Drive #14570-1521 (Environmental Resource Permit [ERP] No. 43016251.00) to the south, Concord Station Sunlake Boulevard from SR 54 to Mentmore Boulevard (ERP No. 43023781.022) to the east and west, and LeDantec – Phases 1A and 1B (ERP No. 44023781.002) to the east. Information regarding the surface water management system and wetlands is contained in the tables below.

OP. & MAINT. ENTITY: Sunlake Retail Property Trust

COUNTY: Pasco

SEC/TWP/RGE: 21,27,28/26S/18E

TOTAL ACRES OWNED OR UNDER CONTROL: 154.71

PROJECT SIZE: 40.39 Acres

LAND USE: Commercial

DATE APPLICATION FILED: August 31, 2006

AMENDED DATE: N/A

51 Permit No.: 43023781.012 Project Name: Sunlake Development

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 1 0.43 Wet Detention 2 1.34 Wet Detention 3 1.41 Wet Detention TOTAL 3.18

A mixing zone is not required. A variance is not required.

II. 100-Year Floodplain

Encroachment Compensation Compensation Encroachment (Acre-Feet of fill) (Acre-Feet of excavation) Type* Result**(feet) 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 MI = Minimal Impact based on modeling of existing stages vs. post-project encroachment. N/A = Not Applicable

**Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims MI type of compensation.

III. Environmental Considerations

Wetland/Surface Water Information Count of Wetlands: 5 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* C-1 1.43 0.00 1.43 0.72 0.00 0.00 C-2 0.84 0.00 0.84 0.42 0.00 0.00 D-1 0.52 0.00 0.52 0.28 0.00 0.00 D-2 2.01 0.00 2.01 0.86 0.00 0.00 D-3 0.18 0.00 0.18 0.10 0.00 0.00 TOTAL 4.98 0.00 4.98 2.38 0.00 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Wetland Comments: There are 4.98 acres of wetlands within the project area.

Mitigation Information Count of Mitigation: 1 Mitigation Name Creation/Restoration Enhancement Preservation Other Acres Functional Acres Functional Acres Functional Acres Functional Gain Gain Gain Gain M-1 8.77 2.38 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 8.77 2.38 0.00 0.00 0.00 0.00 0.00 0.00

52 Permit No.: 43023781.012 Project Name: Sunlake Development

Mitigation Comments: Project construction will result in 4.98 acres of wetland impacts and 2.38 units of functional loss. Mitigation for the impacts is provided by 8.77 acres of forested and herbaceous creation. The mitigation results in 2.38 units of functional gain.

SPECIFIC CONDITIONS

2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to:

Brooksville Regulation Department Southwest Florida Water Management District 2379 Broad Street Brooksville, FL 34604-6899

The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted.

6. WETLAND MITIGATION SUCCESS CRITERIA MITIGATION AREA - M-1

Mitigation is expected to offset adverse impacts to wetlands and other surface waters caused by regulated activities and to achieve viable, sustainable ecological and hydrological wetland functions. Wetlands constructed for mitigation purposes will be considered successful and will be released from monitoring and reporting requirements when the following criteria are met continuously for a period of at least one year without intervention in the form of irrigation or the additional or removal of vegetation.

a. The mitigation area can reasonably be expected to develop into a Freshwater Marsh with Cypress and Mixed Hardwood fringe, as determined by the Florida Land Use and Cover and Forms Classification System (third edition; January 1999).

53 Permit No.: 43023781.012 Project Name: Sunlake Development

b. Topography, water depth and water level fluctuation in the mitigation area are characteristic of the wetlands/ surface water type specified in criterion "a".

c. Planted or recruited herbaceous or shrub species (or plant species providing the same function) shall meet the criteria specified:

PERCENT DOMINANT SUBDOMINANT ZONE COVER SPECIES SPECIES A 80 Iris hexagona Typical Marsh Natives Juncus effusus Spartina bakeri Polygonum punctatum B 80 Cephalanthus occidentalis Typical Marsh Natives Panicum hemitomon Polygonum hemitomon C 50 Panicum hemitomon Typical Marsh Natives Pontedaria cordata Sagittaria lancifolia D 50 Pontedaria cordata Typical Marsh Natives Sagittaria lancifolia

d. Planted or recruited tree species that are greater than or equal to 12 feet in height and established for more than five years shall meet the criteria specified:

ZONE PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES A 25 Taxodium distichum Nyssa sylvatica Acer rubrum B 25 Taxodium distichum Appropriate Natives Nyssa sylvatica

e. Species composition of recruiting wetland vegetation is indicative of the wetland types specified in criterion "a".

f. Coverage by nuisance or exotic species does not exceed 5 percent at any location in the mitigation site and 2 percent for the entire mitigation site.

g. The wetland mitigation area can be determined to be a wetland or other surface water according the Chapter 62-340, F.A.C.

This criterion must be achieved within five years of mitigation area construction. The Permittee shall complete any activities necessary to ensure the successful achievement of the mitigation requirements by the deadline specified. Any request for an extension of the deadline specified shall be accompanied with an explanation and submitted as a permit letter modification to the District for evaluation. The mitigation area may be released from monitoring and reporting requirements and be deemed successful at any time during the monitoring period if the Permittee demonstrates that the conditions in the mitigation area have adequately replaced the wetland and surface water functions affected by the regulated activity and that the site conditions are sustainable.

54 Permit No.: 43023781.012 Project Name: Sunlake Development

7. The Permittee shall monitor and maintain the wetland mitigation areas until the criteria set forth in the Wetland Mitigation Success Criteria Conditions above are met. The Permittee shall perform corrective actions identified by the District if the District identifies a wetland mitigation deficiency.

8. The Permittee shall undertake required maintenance activities within the wetland mitigation areas as needed at any time between mitigation area construction and termination of monitoring, with the exception of the final year. Maintenance shall include the manual removal of all nuisance and exotic species, with sufficient frequency that their combined coverage at no time exceeds the Wetland Mitigation Success Criteria Conditions above. Herbicides shall not be used without the prior written approval of the District.

9. A Wetland Mitigation Completion Report shall be submitted to the District within 30 days of completing construction and planting of the wetland mitigation areas. Upon District inspection and approval of the mitigation areas, the monitoring program shall be initiated with the date of the District field inspection being the construction completion date of the mitigation areas. Monitoring events shall occur between March 1 and November 30 of each year. An Annual Wetland Monitoring Report shall be submitted upon the anniversary date of District approval to initiate monitoring.

Annual reports shall provide documentation that a sufficient number of maintenance inspection/activities were conducted to maintain the mitigation areas in compliance with the Wetland Mitigation Success Criteria Conditions above. Note that the performance of maintenance inspections and maintenance activities will normally need to be conducted more frequently than the collection of other monitoring data to maintain the mitigation areas in compliance with the Wetland Mitigation Success Criteria Conditions above.

Monitoring Data shall be collected semi-annually.

10. Termination of monitoring for the wetland mitigation areas shall be coordinated with the District by:

a. notifying the District in writing when the criteria set forth in the Wetland Mitigation Success Criteria Conditions have been achieved;

b. suspending all maintenance activities in the wetland mitigation areas including, but not limited to, irrigation and addition or removal of vegetation; and

c. submitting a monitoring report to the District one year following the written notification and suspension of maintenance activities.

Upon receipt of the monitoring report, the District will evaluate the wetland mitigation sites to determine if the Mitigation Success Criteria Conditions have been met and maintained. The District will notify the Permittee in writing of the evaluation results. The Permittee shall perform corrective actions for any portions of the wetland mitigation areas that fail to maintain the criteria set forth in the Wetland Mitigation Success Criteria Conditions.

11. The Permittee shall, within 60 days of initial wetland impact and prior to beneficial use of the site, complete all aspects of the mitigation plan, including the grading, mulching, and planting, in accordance with the design details in the final approved construction drawings and information submitted in support of the application.

55 Permit No.: 43023781.012 Project Name: Sunlake Development

12. The construction of all wetland impacts and wetland mitigation shall be supervised by a qualified environmental scientist/specialist/consultant. The Permittee shall identify, in writing, the environmental professional retained for construction oversight prior to initial clearing and grading activities.

13. Wetland buffers shall remain in an undisturbed condition except for approved drainage facility construction/maintenance.

14. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities:

wetland buffers

The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel.

15. All wetland boundaries shown on the approved construction drawings shall be binding upon the Permittee and the District.

16. The following language shall be included as part of the deed restrictions for each lot:

17. Rights-of-way and easement locations necessary to construct, operate and maintain all facilities, which constitute the permitted surface water management system (including all wetlands and wetland buffers), shall be shown on the final plat recorded in the County Public Records. Documentation of this plat recording shall be submitted to the District with the Statement of Completion and Request for Transfer to Operation Entity Form, and prior to beneficial occupancy or use of the site.

18. The operation and maintenance entity shall submit inspection reports in the form required by the District, in accordance with the following schedule.

For systems utilizing retention or wet detention, the inspections shall be performed two (2) years after operation is authorized and every two (2) years thereafter.

19. The removal of littoral shelf vegetation (including cattails) from wet detention ponds is prohibited unless otherwise approved by the District. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Any questions regarding authorized activities within the wet detention ponds shall be addressed to the District's Surface Water Regulation Manager, Brooksville Service Office.

20. For the areas shown on the construction drawings as future, a permit modification shall be obtained for any construction in this/these areas. As a requirement of the permit modification for this/these areas, the Permittee shall submit a Statement of Completion and as-built drawings.

21. If limestone bedrock is encountered during construction of the surface water management system, the District must be notified and construction in the affected area shall cease.

56 Permit No.: 43023781.012 Project Name: Sunlake Development

22. The Permittee shall notify the District of any sinkhole development in the surface water management system within 48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery.

23. The District, upon prior notice to the Permittee, may conduct on-site inspections to assess the effectiveness of the erosion control barriers and other measures employed to prevent violations of state water quality standards and avoid downstream impacts. Such barriers or other measures should control discharges, erosion, and sediment transport during construction and thereafter. The District will also determine any potential environmental problems that may develop as a result of leaving or removing the barriers and other measures during construction or after construction of the project has been completed. The Permittee must provide any remedial measures that are needed.

24. The Permittee shall execute the final draft financial responsibility instrument approved by the District prior to initiating activities authorized by this permit. The final draft financial responsibility instrument shall be consistent with the draft instrument submitted with the permit application and approved by this permit.

25. The Permittee shall submit the original executed financial responsibility instrument to the District at the address below:

Brooksville Regulation Department Southwest Florida Water Management District 2379 Broad Street Brooksville, FL 34604-6899

26. The Permittee shall provide the financial responsibility required by Rule 40D-4.301(1)(j), F.A.C., until the District determines that the specific success criteria contained in this permit have been met; or the District approves a request to transfer the permit to a new owner and receives an acceptable substitute financial responsibility mechanism from the new owner.

27. The Permittee may request, in writing, a release from the obligation to maintain certain amounts of the financial assurance required by this permit as phases of the mitigation plan are successfully completed. The request shall include documentation that the mitigation phase or phases have been completed and payment for their completion has been made. Following the District's verification that the phase or phases have been completed in accordance with the mitigation plan, the District will authorize release from the applicable portion of the financial assurance obligation.

28. The District will notify the Permittee within 30 days of its determination that the specific success criteria contained in this permit have been met. Concurrent with this notification, the District will authorize, in writing, the appropriate entity to cancel or terminate the financial responsibility instrument.

29. The Permittee's failure to comply with the terms and conditions of this permit pertaining to the successful completion of all mitigation activities in accordance with the mitigation plan shall be deemed a violation of Chapter 40D-4, F.A.C. In addition to other remedies that the District may have, the District may draw upon the financial responsibility instrument for any funds necessary to remedy a violation, upon such notice to the Permittee as may be specified in the financial responsibility instrument or if none, upon reasonable notice.

30. The Permittee shall notify the District by certified mail within 10 days of the commencement of a voluntary or involuntary proceeding:

57 Permit No.: 43023781.012 Project Name: Sunlake Development

a. To dissolve the Permittee; b. To place the Permittee into receivership; c. For entry of an order for relief against the Permittee under Title XI (Bankruptcy), U.S. Code.; and d. To assign of the Permittee's assets for the benefit of its creditors under Chapter 727, Florida Statutes.

31. In the event of bankruptcy or insolvency of the issuing institution; or the suspension or revocation of the authority of the issuing institution to issue letters of credit or performance bonds, the Permittee shall be deemed without the required financial assurance and shall have 60 days to reestablish the financial assurance required by Rule 40D-4.301(1)(j), F.A.C.

32. This permit is issued based upon the design prepared by the Permittee’s consultant. If at any time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D- 4.301 and 40D-4.302, F.A.C., have not been met, upon written notice by the District, the Permittee shall obtain a permit modification and perform any construction necessary thereunder to correct any deficiencies in the system design or construction to meet District rule criteria. The Permittee is advised that the correction of deficiencies may require re-construction of the surface water management system and/or mitigation areas.

33. The flood study used to establish upstream inflows into the project area is preliminary and is subject to refinement by a subsequent flood study currently under review by the District and the Florida Department of Transportation. If the results of the final approved flood study reveal the inflows from upstream property exceed the inflows estimated from the preliminary flood study, the Permittee shall modify this permit to address changes in floodplain storage and conveyance impacts.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them.

______Authorized Signature

The following General Conditions are included on all Environmental Resource Permits issued pursuant to 40D-4 and 40D-40, Florida Administrative Code.

EXHIBIT "A"

1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit.

2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

3. For general permits authorizing incidental site activities, the following limiting general conditions shall also apply:

a. If the decision to issue the associated individual permit is not final within 90 days of issuance of the incidental site activities permit, the site must be restored by the permittee within 90 days after notification by the District. Restoration must be completed by re- contouring the disturbed site to previous grades and slopes re-establishing and maintaining suitable vegetation and erosion control to provide stabilized hydraulic conditions. The period for completing restoration may be extended if requested by the permittee and determined by the District to be warranted due to adverse weather conditions or other good cause. In addition, the permittee shall institute stabilization measures for erosion and sediment control as soon as practicable, but in no case more than 7 days after notification by the District.

b. The incidental site activities are commenced at the permittee's own risk. The Governing Board will not consider the monetary costs associated with the incidental site activities or any potential restoration costs in making its decision to approve or deny the individual environmental resource permit application. Issuance of this permit shall not in any way be construed as commitment to issue the associated individual environmental resource permit.

4. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and a pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources.

5. Water quality data for the water discharged from the permittee's property or into the surface waters of the state shall be submitted to the District as required by the permit. Analyses shall be performed according to procedures outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by the American Public Health Association or Methods for Chemical Analyses of Water and Wastes by the U.S. Environmental Protection Agency. If water quality data are required, the permittee shall provide data as required on volumes of water

discharged, including total volume discharged during the days of sampling and total monthly volume discharged from the property or into surface waters of the state.

6. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must either have been submitted and approved with the permit application or submitted to the District as a permit prior to the dewatering event as a permit modification. A water use permit may be required prior to any use exceeding the thresholds in Chapter 40D-2, F.A.C.

7. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased.

8. Off-site discharges during construction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operating schedules satisfactory to the District.

9. The permittee shall complete construction of all aspects of the surface water management system, including wetland compensation (grading, mulching, planting), water quality treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being served by this system.

10. The following shall be properly abandoned and/or removed in accordance with the applicable regulations:

a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor. b. Any existing septic tanks on site shall be abandoned at the beginning of construction. c. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction.

11. All surface water management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offsite property.

12. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a written notification of commencement indicating the actual start date and the expected completion date.

13. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity.

14. Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter 40D-1, F.A.C. Additionally, if deviation from the approved drawings are discovered during the certification process the certification must be accompanied by a copy of the approved permit drawings with deviations noted.

15. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project areas, may constitute grounds for revocation or enforcement action by the District, unless a modification has been applied for and approved. Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans.

16. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of the conditions herein, the District determines the system to be in compliance with the permitted plans, and the entity approved by the District accepts responsibility for operation and maintenance of the system. The permit may not be transferred to the operation and maintenance entity approved by the District until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible operation and maintenance entity approved by the District, if different from the permittee. Until a transfer is approved by the District, the permittee shall be liable for compliance with the terms of the permit.

17. Should any other regulatory agency require changes to the permitted system, the District shall be notified of the changes prior to implementation so that a determination can be made whether a permit modification is required.

18. This permit does not eliminate the necessity to obtain any required federal, state, local and special District authorizations including a determination of the proposed activities' compliance with the applicable comprehensive plan prior to the start of any activity approved by this permit.

19. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40D-4 or Chapter 40D-40, F.A.C.

20. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system.

21. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise.

22. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 40D-4.351, F.A.C. The permittee transferring the permit shall remain liable

for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.

23. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with District rules, regulations and conditions of the permits.

24. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the District and the Florida Department of State, Division of Historical Resources.

25. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate.

63 CONSENT ITEM 15

64 CONSENT ITEM 15 Default Date: February 1, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT WATER USE INDIVIDUAL PERMIT NO. 20003755.006

EXPIRATION DATE: January 29, 2018 PERMIT ISSUE DATE: January 29, 2008

The Permittee is responsible for submitting an application to renew this permit no sooner than one year prior to the expiration date, and no later than the end of the last business day before the expiration date, whether or not the Permittee receives prior notification by mail. Failure to submit a renewal application prior to the expiration date and continuing to withdraw water after the expiration date is a violation of Chapter 373, Florida Statutes, and Chapter 40D-2, Florida Administrative Code, and may result in a monetary penalty and/or loss of the right to use the water. Issuance of a renewal of this permit is contingent upon District approval.

TYPE OF APPLICATION: Renewal

GRANTED TO: Mabry Carlton Ranch, Inc. 9430 Sidell Road Sidell, FL 34266

PROJECT NAME: Mabry Carlton Ranch

WATER USE CAUTION AREA: Southern

PROPERTY LOCATION: 16,415 owned acres in Sarasota County, straddling Big Slough between Highway 72 and the City of North Port, approximately 20 miles east of Sarasota.

ABSTRACT: This is a renewal of an existing agricultural water use permit with a decrease in the permitted quantities for irrigation of sod, citrus and row crops. The permitted quantities for this renewal are a standard annual average of 4,260,800 gallons per day (gpd); a drought annual average of 4,356,100 gpd; a peak month of 7,020,000 gpd; and crop protection of 2,300,000 gpd.

Special conditions include those that require the Permittee to maintain existing meters and record and report meter readings monthly, cap withdrawals not in use, address additional utilization of alternative water supplies (AWS) and modify the permit to incorporate AWS when it is obtained, continue to implement irrigation conservation measures, document and report crop protection quantities, comply with irrigation allotments, submit annual irrigation water use reports, document and submit a report if the standard annual average or drought annual average daily quantities have been exceeded, and comply with minimum flows and levels recovery strategy within the SWUCA.

CHANGES FROM PRIOR PERMIT: The standard annual average quantity decreases by 493,600 gpd due to the voluntary reduction in previously permitted acreage; the drought annual average quantity decreases by 398,300 gpd; and the peak month quantity decreases by 3,248,300 gpd. The changes in the standard annual average, drought annual average, peak month and crop protection quantities were calculated using the District's agricultural water use calculation program, AGMOD.

65 Permit No.: 20003755.006 Project Name: Mabry Carlton Ranch / Mabry Carlton Ranch, Inc.

Permit Information Applicant Staff Requested Recommendation Existing 2018 2018 Annual Average (gpd) 4,754,400 4,262,130 4,260,800 Ground Water 4,754,400 4,262,130 4,260,800 Surface Water 0 0 0 1 Drought Annual Average (gpd) 4,754,400 N / A 4,356,100 Ground Water 4,754,400 N / A 4,356,100 Surface Water 0 0 0 2 Water Conservation Credits (g) 112,678,200 N / A 112,678,200 Ground Water 112,678,200 N / A 112,678,200 Surface Water 0 0 0 3 Peak Month (gpd) 10,268,300 N / A 7,020,000 Ground Water 10,268,300 N / A 7,020,000 Surface Water 0 0 0 4 Maximum (gpd) 2,300,000 2,300,000 2,300,000 Ground Water 2,300,000 2,300,000 2,300,000 Surface Water 0 0 0 Citrus Irrigated Acres 230 230 230 Irrigation Method Micro Jet Micro Jet Micro Jet Standard Irrigation Rate (in./yr.) 11.6 13.1 13.1 Drought Irrigation Rate (in./yr.) 16.1 16.2 16.2 Fall Tomatoes/Row Crop Irrigated Acres 813 741 741 Irrigation Method Seepage W/Mulch Seepage W/Mulch Seepage W/Mulch Standard Irrigation Rate (in./yr.) 28.6 28.5 28.5 Drought Irrigation Rate (in./yr.) 28.6 28.5 28.5 Spring Tomatoes/Row Crop Irrigated Acres 825 825 825 Irrigation Method Seepage W/Mulch Seepage W/Mulch Seepage W/Mulch Standard Irrigation Rate (in./yr.) 29.9 29.7 29.7 Drought Irrigation Rate (in./yr.) 29.9 29.7 29.7

66 Permit No.: 20003755.006 Project Name: Mabry Carlton Ranch / Mabry Carlton Ranch, Inc.

Permit Information-Continued Applicant Staff Requested Recommendation Existing 2018 2018 Sod Irrigated Acres 428 156 156 Irrigation Method Seepage Seepage Seepage Standard Irrigation Rate (in./yr.) 31.9 32.4 32.4 Drought Irrigation Rate (in./yr.) 36.9 35.6 35.6 Improved Pasture Irrigated Acres 748 622 0 Irrigation Method Seepage Seepage Seepage Standard Irrigation Rate (in./yr.) 9.2 12.6 12.6 Drought Irrigation Rate (in./yr.) 0 0 0

1 Annual average limit when less than historical average rainfall if sufficient Water Conserving Credits exist in the Permittee's account. 2 The volume of water on account for use when greater than the Standard Annual Average is necessary to pump up to the Drought Annual Average. 3 Average daily use during the highest water use month. 4 Maximum use allowed in any 24-hour period/ Frost and Freeze protection of crops.

SPECIAL CONDITIONS:

All conditions referring to approval by the Regulation Department Director, Resource Regulation, shall refer to the Director, Sarasota Regulation Department, Resource Regulation.

1. All reports and data required by conditions of the permit shall be submitted to the District according to the due dates contained in the specific condition. If the report or data is received on or before the tenth day of the month following data collection, it shall be deemed as a timely submittal. The Permittee may use the District’s website to submit data, plans or reports online. To set up an account, the Permittee can address the request to [email protected]. All mailed reports and data are to be sent to:

Permit Data Section, Regulation Performance Management Department Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34604-6899

Submission of plans and reports: Unless submitted online or otherwise indicated in the special condition, the original and two copies of each plan and report, such as conservation plans, environmental analyses, aquifer test results, per capita annual reports, etc. are required.

Submission of data: Unless otherwise indicated in the special condition, an original (no copies) is required for data submittals such as crop report forms, meter readings and/or pumpage, rainfall, water level evapotranspiration, or water quality data.

67 Permit No.: 20003755.006 Project Name: Mabry Carlton Ranch / Mabry Carlton Ranch, Inc.

2. The Permittee shall meter withdrawals from surface waters and/or the ground water resources, and meter readings from each withdrawal facility shall be recorded on a monthly basis within the last week of the month. The meter readings shall be reported to the Data Management Section, Regulation Performance Management Department on or before the tenth day of the following month. District-supplied scanning forms shall be used to submit the meter readings unless another arrangement for submission of this data has been approved by the District. The following withdrawal facilities shall be metered:

A. Standby withdrawal facilities (those that provide back-up water for another withdrawal point in the event the other withdrawal point becomes unusable), District ID Nos. 8 and 20, Permittee ID Nos. 16 and 20, before using the standby quantities. D. Existing permitted withdrawal facilities shall continue to be metered with non-resettable, totalizing flow meters or other flow measuring devices as approved by the Regulation Department Director, District ID Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 18, 21, 22 and 23, Permittee ID Nos. 1citrus, 2citrus, 3citrus, 2, 5, nwell, 6, 1, 17, 19, 18, 7, 8, 9, usgs12, 12, 13, 21, 22 and cr17.

The meters shall adhere to the following descriptions and shall be installed or maintained as follows:

A. The meters shall be non-resettable, totalizing flow meters that have a totalizer of sufficient magnitude to retain total gallon data for a minimum of the three highest consecutive months permitted quantities. If other measuring devices are proposed, prior to installation, approval shall be obtained in writing from the Regulation Department Director. B. The Permittee shall report non-use on all metered standby withdrawal facilities on the scanning form or approved alternative reporting method. C. If a metered withdrawal facility is not used during any given month, the meter report shall be submitted to the District indicating the same meter reading as was submitted the previous month. D. The flow meters or other approved devices shall have and maintain an accuracy within five percent of the actual flow as installed. E. Accuracy testing requirements: 1. For newly metered withdrawal points, the flow meter installation shall be designed for inline field access for meter accuracy testing. 2. The meter shall be tested for accuracy on-site, as installed, every five years beginning from the date of its installation for new meters or from the date of initial issuance of this permit containing the metering condition with an accuracy test requirement for existing meters. 3. The testing frequency will be decreased if the Permittee demonstrates to the satisfaction of the District that a longer period of time for testing is warranted. 4. The test will be accepted by the District only if performed by a person knowledgeable in the testing equipment used. 5. If the actual flow is found to be greater than 5% different from the measured flow, within 30 days, the Permittee shall have the meter re-calibrated, repaired, or replaced, whichever is necessary. Documentation of the test and a certificate of re-calibration, if applicable, shall be submitted within 30 days of each test or re- calibration. F. The meter shall be installed according to the manufacturer’s instructions for achieving accurate flow to the specifications above, or it shall be installed in a straight length of pipe where there is at least an upstream length equal to ten (10) times the outside pipe diameter and a downstream length equal to two (2) times the outside pipe diameter. Where there is not at least a length of ten diameters upstream available, flow straightening vanes shall be used in the upstream line.

68 Permit No.: 20003755.006 Project Name: Mabry Carlton Ranch / Mabry Carlton Ranch, Inc.

G. Broken or malfunctioning meter: 1. If the meter or other flow measuring device malfunctions or breaks, the Permittee shall notify the District within 15 days of discovering the malfunction or breakage. 2. The meter must be replaced with a repaired or new meter, subject to the same specifications given above, within 30 days of the discovery. 3. If the meter is removed from the withdrawal point for any other reason, it shall be replaced with another meter having the same specifications given above, or the meter shall be reinstalled within 30 days of its removal from the withdrawal. In either event, a fully functioning meter shall not be off the withdrawal point for more than 60 consecutive days. H. While the meter is not functioning correctly, the Permittee shall keep track of the total amount of time the withdrawal point was used for each month and multiply those minutes times the pump capacity (in gallons per minute) for total gallons. The estimate of the number of gallons used each month during that period shall be submitted on District scanning forms and noted as estimated per instructions on the form. If the data is submitted by another approved method, the fact that it is estimated must be indicated. The reason for the necessity to estimate pumpage shall be reported with the estimate. I. In the event a new meter is installed to replace a broken meter, it and its installation shall meet the specifications of this condition. The Permittee shall notify the District of the replacement with the first submittal of meter readings from the new meter.

3. Any wells not in use, and in which pumping equipment is not installed shall be capped or valved in a water tight manner in accordance with Subsection 62-532.500(3)(a)(4), F.A.C.

4. The Permittee shall report connection to reclaimed water to the Permit Data Section, Regulation Performance Management Department, within 30 days of connection to the reuse source. The Permittee shall list the source name, location, and monthly reclaimed quantities obtained in gallons, for each source, and submit this information to the Permit Data Section by the 10th day of the following month, in conjunction with the monthly pumpage report.

5. Within 90 days of the replacement of any or all withdrawal quantities from ground water or surface water bodies with an Alternative Water Supply, the Permittee shall apply to modify this permit to reflect incorporation of the alternative source of water to replace permitted quantities in equal amounts. The replaced water shall be put on standby and may be used in the event that some or all of the alternative source is not available.

6. The Permittee shall:

A. Incorporate best water management practices, specifically including but not limited to irrigation practices, as recommended for the permitted activities in reports and publications by the IFAS. B. Limit daytime irrigation to the greatest extent practicable to reduce losses from evaporation. Daytime irrigation for purposes of system maintenance, control of heat stress, crop protection, plant establishment, or for other reasons which require daytime irrigation are permissible; but should be limited to the minimum amount necessary as indicated by best management practices. C. Implement a leak detection and repair program as an element of an ongoing system maintenance program. This program shall include a system-wide inspection at least once per year. D. Evaluate the feasibility of improving the efficiency of the current irrigation system or converting to a more efficient system. This condition includes implementation of the improvements or conversion when determined to be operationally and economically feasible.

69 Permit No.: 20003755.006 Project Name: Mabry Carlton Ranch / Mabry Carlton Ranch, Inc.

7. Compliance with the allocated standard annual average quantity and drought annual average quantities is based on a rolling 12-month calculation where the current pumpage is added to the pumpage for the previous 11 months, and the total is then divided by the number of days in those 12 months for gallons per day. If the Permittee exceeds the allocated standard annual average quantity or drought annual average quantities during any month, within 30 days the Permittee must submit a report to the District that includes reasons why the allocated quantities were exceeded, efforts already taken to attempt meeting the allocated quantities, and a plan to bring the permit into compliance. Reports for Permittee's not achieving the allocated quantities are subject to District approval. Justification for exceeding the allocated quantities does not constitute a waiver of the District's authority to enforce the terms and conditions of the permit.

8. Permittee's whose maximum daily permitted water use is 1,000,000 gpd or more shall document and report on District forms, the beginning and ending hours and dates of operation of each withdrawal source used for the protection of crops from frost or freeze damage. The report shall include the gallons per day pumped from each withdrawal source based on irrigation system capacity, or if available, totalizing flow meter readings. This report shall be submitted by the 10th day of the month following irrigation for crop protection. The crop protection daily quantities specified in this permit are solely for the purpose of crop protection, and do not apply to routine irrigation practices. Irrigation for crop protection shall not exceed the crop protection daily quantity listed on the permit and shall not cause water to go to waste.

Even if your maximum daily permitted water use is less than 1,000,000 gpd, please be aware that it is in your best interest to document this usage as described above so that quantities pumped for crop protection can be excluded from the compliance calculation of your annual average use and in the determination of credit amounts.

9. This Permit is located within the Southern Water Use Caution Area (SWUCA). Pursuant to Section 373.0421, Florida Statutes, the SWUCA is subject to a minimum flows and levels recovery strategy, which became effective on January 1, 2007. The Governing Board may amend the recovery strategy, including amending applicable water use permitting rules based on an annual assessment of water resource criteria, cumulative water withdrawal impacts, and on a recurring five-year evaluation of the status of the recovery strategy up to the year 2025 as described in Chapter 40D-80, Florida Administrative Code. This Permit is subject to modification to comply with new rules.

10. The Permittee shall not exceed the quantity determined by multiplying the total irrigated acres by the total allocated acre-inches per irrigated acre per season for each crop type. For all crops except citrus, an irrigated acre, hereafter referred to as "acre," is defined as the gross acreage under cultivation, including areas used for water conveyance such as ditches, but excluding uncultivated areas such as wetlands, retention ponds, and perimeter drainage ditches. For citrus, an irrigated acre is based on 74% shaded area, equivalent to 89.4% of the gross acreage minus uncultivated areas such as wetlands, retention ponds, and perimeter drainage ditches.

An Applicant or Permittee within the Southern Water Use Caution Area may obtain the total allocated acre-inches per acre per season for their crops, plants, soil types, planting dates, and length of growing season by completing the "Irrigation Water Allotment Form" and submitting it to the District. The District will complete and return the form with the calculated total allocated acre- inches and water conserving credit per acre per season per crop, if applicable, based on the information provided. The "Irrigation Water Allotment Form" is available upon request.

11. The Permittee shall record the following information on the appropriate "Irrigation Water Use Form", provided by the District, for each permitted irrigation withdrawal:

70 Permit No.: 20003755.006 Project Name: Mabry Carlton Ranch / Mabry Carlton Ranch, Inc.

A. Items (1) through (7) for seasonal crops (example: vegetables) and nurseries; B. Items (1) through (4) and item (7) for annual crops and plants (example: citrus, pasture, lawn and landscape); C. Items (1) through (4) and item (8) for golf courses (annual); The list of items are: 1) Crop type; 2) Monthly irrigated acres per crop for seasonal crops; annual irrigated acres for annual crops (Citrus growers, give total acres; the District will calculate "shaded area" for the groves.) 3) The dominant soil type per crop or the number of acres per crop on that dominant soil type; 4) Irrigation methods; 5) Planting dates (the date the plants are actually placed in the beds, not the date the field is prepared); 6) Season length (in days); 7) Crop protection quantities (total gallons); and 8) Number of acres of tees and greens. D. Additionally, if used, the following shall be documented separately: 1) Beginning and ending dates of irrigation for field preparation/crop establishment and supplemental irrigation; 2) Beginning and ending hour and date of each use of quantities for crop protection; 3) Non-irrigation use from irrigation well: Quantities from the withdrawals listed on these forms that were for other uses not related to irrigation demand. Such uses may include filling of spray tanks, livestock needs, and cleaning equipment and facilities. 4) Use of tailwater recovery.

This information shall be submitted to the Permit Data Section, Regulation Performance Management Department, for irrigation activity during the previous season or year on the appropriate District form according to the following schedule:

Irrigation Water Use Form No. Form Title Submit By WUP-10 Form 46.20-010 (10/01) Annual Crops March 1 WUP-12 Form 46.20-012 (10/01) Winter and Spring Seasonal August 1 WUP-13 Form 46.20-013 (10/01) Summer and Fall Seasonal February 1

12. By December 1, 2010, the Permittee shall submit a detailed study regarding the feasibility of utilizing a tailwater recovery system on the property for the purposes of irrigation. The report shall address and include:

A. Economic factors, water quality, the total quantity of tailwater available, and other associated considerations; and B. An implementation schedule for the tailwater reuse, if such use is determined by the Permittee and the District to be feasible.

If the use of a tailwater recovery system is found not to be feasible, information detailing why such an operation is not feasible will be included.

If the use of a tailwater recovery system for irrigation purposes is determined to be feasible by the Permittee and the District, the Permittee shall submit an implementation plan to the Permit Data Section, Regulation Performance Management Department, for review and approval, within 30 days after the feasibility report is approved in writing by the Regulation Department Director,

71 Permit No.: 20003755.006 Project Name: Mabry Carlton Ranch / Mabry Carlton Ranch, Inc.

Resource Regulation. The District will require the construction and implementation of the approved tailwater recovery system into the Permittee's irrigation operation within a period of time agreed upon by the District and the Permittee. A modification of the Water Use Permit may be required by the District after approval of the implementation plan.

13. Prior to any modifications to the existing farm drainage system, the Permittee shall obtain an AGSWM plan exemption and/or an Environmental Resource Permit (ERP). A copy of the AGSWM exemption or the ERP shall be supplied to the District prior to initiating row crop irrigation in any new fields.

14. The Permittee shall comply with the provisions of the Perpetual Conservation Easement as approved by the District's Governing Board on November 27, 2007. This Conservation Easement is depicted in Exhibit A attached.

WITHDRAWAL POINT QUANTITY TABLE Water use from these withdrawal points are restricted to the quantities given below:

I.D. NO. DEPTH GALLONS PER DAY PERMITTEE/ DIAM. TTL./CSD. CROP DISTRICT (IN.) FT. USE AVERAGE PEAK MONTH PROTECTION (feet bls) 1citrus / 1 8 500 / UNK IR 34,800 179,600 583,000 2citrus / 2 8 600 / UNK IR 34,800 179,600 583,000 3citrus / 3 6 469 / 53 IR 34,800 179,600 378,000 2 / 4 4 286 / 30 IR 47,900 247,000 378,000 5 / 5 6 272 / 30 IR 323,400 669,600 0 nwell / 6 6 249 / 42 IR 47,900 247,000 378,000 6 / 7 12 368 / 311 IR 771,800 1,041,600 0 16 / 8 8 300 / 62 IR 227,300 1,041,600 0 Standby 1 / 9 8 287 / 65 IR 195,000 307,800 0 17 / 10 6 572 / 46 IR 195,000 307,800 0 19 / 12 12 405 / UNK IR 866,800 1,367,800 0 18 / 13 10 1,358 / 100 IR 760,800 512,600 0 7 / 14 8 650 / 80 IR 118,100 246,200 0 8 / 15 6 870 / 81 IR 79,600 246,200 0 9 / 16 10 572 / 67 IR 79,600 246,200 0 12 / 17 6 380 / UNK IR 225,900 366,800 0 12 / 18 6 448 / 40 IR 221,600 366,800 0 20 / 20 4 300 / UNK IR 73,400 297,600 0 Standby 21 / 21 4 300 / UNK IR 14,000 0 0 22 / 22 4 300 / UNK IR 14,000 0 0 cr17 / 23 8 422 / 84 IR 195,000 307,800 0

IR = Irrigation

72 Permit No.: 20003755.006 Project Name: Mabry Carlton Ranch / Mabry Carlton Ranch, Inc.

WITHDRAWAL POINT LOCATION TABLE

DISTRICT I.D. NO. LATITUDE/LONGITUDE SECTION/TOWNSHIP/RANGE 1 271215.90/820703.72 04/38/22 2 271217.72/820650.20 04/38/22 3 271223.08/820722.96 05/38/22 4 271202.73/820734.33 05/38/22 5 271151.16/820820.72 05/38/22 6 271139.81/820746.79 05/38/22 7 271228.34/820848.68 06/38/22 8 271117.05/820823.08 07/38/22 9 271123.51/820746.04 08/38/22 10 271110.80/820738.87 08/38/22 12 271049.14/820722.65 08/38/22 13 271036.35/820755.52 17/38/22 14 271213.18/821023.96 02/38/21 15 271228.88/821029.99 02/38/22 16 271228.60/821051.60 02/38/21 17 271133.98/820943.98 12/38/21 18 271109.18/821001.13 12/38/21 20 271209.27/820749.19 05/38/22 21 271216.07/820819.45 05/38/22 22 271111.18/820943.26 12/38/21 23 271105.93/821003.92 12/38/21

STANDARD CONDITIONS:

The Permittee shall comply with the Standard Conditions attached hereto, incorporated herein by reference as Exhibit "A" and made a part hereof.

______Authorized Signature SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

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 above, and may require various activities to be performed by the Permittee as described in the permit, including 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.

73 Permit No.: 20003755.006 Project Name: Mabry Carlton Ranch / Mabry Carlton Ranch, Inc.

Exhibit A:

The following Standard Conditions are included on all Water Use Permits issued pursuant to 40D-2, Florida Administrative Code.

40D-2 Exhibit "A"

WATER USE PERMIT STANDARD CONDITIONS

1. If any of the statements in the application and in the supporting data are found to be untrue and inaccurate, or if the Permittee fails to comply with all of the provisions of Chapter 373, F.S., Chapter 40D, or the conditions set forth herein, the Governing Board shall revoke this permit in accordance with Rule 40D-2.341, following notice and hearing.

2. This permit is issued based on information provided by the Permittee demonstrating that the use of water is reasonable and beneficial, consistent with the public interest, and will not interfere with any existing legal use of water. If, during the term of the permit, it is determined by the District that the use is not reasonable and beneficial, in the public interest, or does impact an existing legal use of water, the Governing Board shall modify this permit or shall revoke this permit following notice and hearing.

3. The Permittee shall not deviate from any of the terms or conditions of this permit without written approval by the District.

4. In the event the District declares that a Water Shortage exists pursuant to Chapter 40D-21, the District shall alter, modify, or declare inactive all or parts of this permit as necessary to address the water shortage.

5. The District shall collect water samples from any withdrawal point listed in the permit or shall require the Permittee to submit water samples when the District determines there is a potential for adverse impacts to water quality.

6. The Permittee shall provide access to an authorized District representative to enter the property at any reasonable time to inspect the facility and make environmental or hydrologic assessments. The Permittee shall either accompany District staff onto the property or make provision for access onto the property.

7. Issuance of this permit does not exempt the Permittee from any other District permitting requirements.

8. The Permittee shall cease or reduce surface water withdrawal as directed by the District if water levels in lakes fall below applicable minimum water level established in Chapter 40D-8 or rates of flow in streams fall below the minimum levels established in Chapter 40D-8.

9. The Permittee shall cease or reduce withdrawal as directed by the District if water levels in aquifers fall below the minimum levels established by the Governing Board.

10. The Permittee shall practice water conservation to increase the efficiency of transport, application, and use, as well as to decrease waste and to minimize runoff from the property. At such time as the Governing Board adopts specific conservation requirements for the Permittee's water use classification, this permit shall be subject to those requirements upon notice and after a reasonable period for compliance.

11. The District may establish special regulations for Water Use Caution Areas. At such time as the Governing Board adopts such provisions, this permit shall be subject to them upon notice and after a reasonable period for compliance.

12. The Permittee shall mitigate any adverse impact to existing legal uses caused by withdrawals. When adverse impacts occur or are imminent, the District shall require the Permittee to mitigate the impacts. Adverse impacts include:

A. A reduction in water levels which impairs the ability of the well to produce water; B. Significant reduction in levels or flows in water bodies such as lakes, impoundments, wetlands, springs, streams or other watercourses; or C. Significant inducement of natural or manmade contaminants into a water supply or into a usable portion of any aquifer water body.

13. The Permittee shall mitigate any adverse impact to environmental features or offsite land uses as a result of withdrawals. When adverse impacts occur or are imminent, the District shall require the Permittee to mitigate the impacts. Adverse impacts include:

A. Significant reduction in levels or flows in water bodies such as lakes, impoundments, wetlands, springs, streams or other watercourses; B. Sinkholes or subsidence caused by reduction in water levels; C. Damage to crops and other vegetation causing financial harm to the owner; and D. Damage to the habitat of endangered or threatened species.

14. When necessary to analyze impacts to the water resource or existing users, the District shall require the Permittee to install flow metering or other measuring devices to record withdrawal quantities and submit the data to the District.

15. A District identification tag shall be prominently displayed at each withdrawal point by permanently affixing the tag to the withdrawal facility.

16. Notwithstanding the provisions of Rule 40D-1.6105, F.A.C., persons who wish to continue the water use permitted herein and who have acquired ownership or legal control of permitted water withdrawal facilities or the land on which the facilities are located must apply to transfer the permit to themselves within 45 days of acquiring ownership or legal control of the water withdrawal facilities or the land.

17. All permits issued pursuant to these Rules are contingent upon continued ownership or legal control of all property on which pumps, wells, diversions or other water withdrawal facilities are located.

18. Within the Southern Water Use Caution Area, if the District determines that significant water quantity or quality changes, impacts to existing legal uses, or adverse environmental impacts are occurring, the Board, upon reasonable notice to the permittee, including a statement of facts upon which the District based its determination, may reconsider the quantities permitted or other conditions of the permit as appropriate to address the change or impact but only after an opportunity for the permittee to resolve or mitigate the change or impact or to request a hearing.

R. 08/08/2007

77 Item 16

Consent Agenda January 29, 2008

Regulation Committee -- Other

Approve Initiation of Rulemaking to Amend 40D-1.002(2), F.A.C., to Delegate Action on Requests for Variances and Waivers to Chapters 40D-21, F.A.C., Water Shortage Plan, and 40D-22, F.A.C., Year-Round Water Conservation Measures

Background The District's Demand Management Program includes administration of the Water Shortage Plan (Rule 40D-21, Florida Administrative Code, (F.A.C.)) and Year-Round Water Conservation Measures (Rule 40D-22, F.A.C.). Both of these rules contain common-sense limitations on water use, such as allowable lawn and landscape watering schedules.

Over the years, the District has endeavored to strike a balance between simplicity (to facilitate education) and complexity (to accommodate a range of situations) in these rules and related orders. When water shortage restrictions were imposed in 1992 and 1993, for example, the orders declaring those restrictions contained a new provision allowing large properties to be divided into two pieces for irrigation purposes (with one piece being assigned the "even" address watering days; the other, the "odd" address watering days). When the Year-Round Water Conservation Measures rule was subsequently updated to include a two-days-per-week limit on lawn watering, the District incorporated this provision. During the 2003-2005 rulemaking effort to update the Water Shortage Plan, the District continued this concept by including additional provisions which allow larger properties to retain more watering hours than smaller properties in all but the most extreme circumstances.

Despite such advances, however, the diversity of property sizes, plant materials, and irrigation system capabilities make it difficult to have regulations that universally apply to all possible situations. Variances have played a pivotal role in striking that balance in practice. A variance is written permission to follow an alternative that is within the basic intent of a rule even though that alternative does not comply with each and every provision specifically stated in that rule. For example, if once-per-week watering restrictions are in effect and the grounds of an apartment complex are too large to be adequately irrigated on the day assigned to the complex's address, the apartment manager could use the District's variance process to request permission to split the grounds into several well-defined pieces (based on how the irrigation system was designed) and then assign a specific watering day to each piece.

A waiver is written permission to not follow a rule without any accompanying requirement to follow an alternative that accomplishes a similar result. In almost twenty-four years of experience with the Water Shortage Plan (the older of the two rules with lawn and landscape watering schedules), the District has only contemplated two actions which could be characterized as a waiver instead of a variance. This compares to the issuance of eighty to one-hundred and twenty variances in a typical year.

Previous Delegation Authority The approval criteria, administrative procedures, and reasons for requesting a variance from lawn and landscape watering schedules are essentially the same for both the Year-Round Water Conservation Measures and the Water Shortage Plan. Therefore, it will streamline the processes to delegate variances and waivers for both programs to staff.

78 Item 16

During public workshops for the rulemaking effort to update the Year-Round Water Conservation Measures, an effort which concluded in 2003, the concept of streamlining the process was discussed. The Governing Board determined that it was appropriate to streamline the process by delegating all but the most unusual situations to staff for final agency action, and the resulting amendments to Rule 40D-1.002(2) officially accomplished this streamlining for variances from the Year-Round Water Conservation Measures in 2004. At that time, rulemaking efforts to update the Water Shortage Plan were in the preliminary stages. Since a new type of variance or waiver was under consideration as part of that update, it would not have been prudent to officially adopt the same streamlined process for variances from that rule.

Proposed Delegation of Authority The approval criteria, administrative procedures, and reasons for requesting a variance from lawn and landscape watering schedules are essentially the same for both the Year-Round Water Conservation Measures and the Water Shortage Plan. Given these similarities, staff has been interpreting Rule 40D-1.002(2) as also being applicable to such routine variance requests. The proposed amendments will officially adopt the streamlined process.

The proposed amendments are also intended to accomplish two other rule enhancements. First, these amendments would update the titles of staff positions already delegated final agency action for variances from both rules, removing reference to the Assistant Executive Director (a position that no longer exists) and replacing reference to the Records and Data Director with one for the head of the department that Records and Data has been merged into (Regulation Performance Management). Second, these amendments allow further staff-level delegation, adding the Demand Management Coordinator (the District's technical expert on both rules) and the WUP Program Director (the position to which the technical expert reports within the Regulation Performance Management Department). Delegation of final agency action on variances from the Water Shortage Plan and Year-Round Water Conservation Measures to the District's technical expert for both rules is a logical extension of ongoing Resource Regulation realignment efforts to delegate permitting decisions to the permit evaluators when appropriate.

Staff will be available to address any questions or concerns. If initiation of rulemaking is approved, District staff will complete the rulemaking process without further Governing Board action, unless substantive public comment is received or material substantive changes are proposed.

Staff Recommendation: See Exhibit

Approve initiation of rulemaking to amend 40D-1.002(2), F.A.C., to delegate action on requests for variances and waivers to Chapter 40D-21, F.A.C., Water Shortage Plan, and 40D-22, F.A.C., Year-Round Water Conservation Measures, as shown in the Exhibit.

Presenter: Karen A. Lloyd, Assistant General Counsel Lois Ann Sorensen, Demand Management Coordinator

79 EXHIBIT

40D-1.002 Delegation of Authority. (1) No change. (2) The Governing Board delegates to the Executive Director, the Assistant Executive Director, the Deputy Executive Director for Resource Regulation, the Regulation Performance Management Director, Regulation Program Director – WUP Program, and the Demand Management Coordinator Director of Records and Data the authority to take final agency action on petitions for variances and waivers pursuant to Rule 40D-21.441, F.A.C., Water Shortage Plan, 40D-1.1002(5), Variances from Water Shortage Rules and 40D-22.303, F.A.C, Year-Round Water Conservation Measures. (3) No change

Specific Authority 373.044, 373.103, 373.113, 373.118, 373.171, 373.219, 373.309, F.S. Law Implemented 253.002, 373.083, 373.103, 373.149, 373.171, 373.175, 373.219, 373.223, 373.224, 373.226, 373.246, 373.308, 373.309, 373.427, F.S. History - New 3-1-84, Amended 3-10-96, 7- 22-99, 12-2-99, 9-26-02, 7-20-04, 10-19-05, 5-21-06, 7-13-06, ______.

80 Item 17

Consent Agenda January 29, 2008

Regulation Committee -- Other

Approve Initiation of Rulemaking to Amend 40D-1.659 and Chapter 40D-3, F.A.C., to Adopt Forms, Conform District Rules to Recent Department of Environmental Protection Rule Amendments and Make Other Technical Changes

The Administrative Procedures Act, Section 120.74, Florida Statutes, requires that government agencies undertake a biennial review of their existing rules and regulations to ensure that such regulations continue to be correct and are in compliance with statutory requirements. Consistent with this requirement, the District conducted a review of its rules in October 2007. Several of the rules set forth in Chapter 40D-3, Florida Administrative Code (F.A.C.), contained outdated references to rules of the Department of Environmental Protection (DEP) and some minor typographical errors. Additionally, effective November 25, 2007, DEP has revised its rules concerning the licensing of water well contractors, which requires that the District amend its related provisions of Chapter 40D-3, F.A.C., which incorporate DEP's rules by reference. Accordingly, a rule amendment package is proposed for Chapter 40D-3, F.A.C., to make minor corrections and to comply with recent amendments adopted by DEP. Additional amendments are proposed to Rule 40D-1.659, F.A.C., to adopt forms used in processing certain well construction permit applications.

As proposed, Rule 40D-3.021, F.A.C., is amended to correct typographical errors; Rule 40D-3.037, F.A.C., is amended to reference updated DEP rules and the District's website; Rule 40D-3.038, F.A.C., is revised to conform the District's rule on contractor licensing requirements to the recently revised DEP rules concerning water well contractor licensing; Rule 40D-3.101, F.A.C., is amended to incorporate revisions made to other District rules cited therein; Rule 40D-3.301(3), F.A.C., is deleted as no longer required; and minor clarifying edits are made to Rule 40D-3.411, F.A.C., concerning completion reports and to Rule 40D-3.531, F.A.C., concerning abandoned well plugging. Rule 40D-1.659, F.A.C., is amended to incorporate by reference the re-named Well Verification for All Non-Domestic Use Wells Located in the Most Impacted Area of the Southern (as opposed to the Eastern Tampa Bay) Water Use Caution Area form, and a Public Supply Well Information and Classification Form that is being used by the District. An exhibit containing the proposed rule amendments and forms is provided in the Governing Board package. If the initiation of rulemaking is approved, District staff will proceed with the proposed amendments without further Governing Board action unless substantive public comment is received or substantive changes are proposed.

Staff Recommendation: See Exhibit

Approve the initiation of rulemaking to amend Rules 40D-1.659, 40D-3.021, 40D-3.037, 40D-3.038, 40D-3.101, 40D-3.301, 40D-3.411 and 40D-3.531, F.A.C., to incorporate by reference two well construction permitting forms, conform District rules to recent Department of Environmental Protection rule amendments and make other minor technical changes.

Presenters: Martha A. Moore, Senior Attorney, Office of General Counsel Tony Gilboy, Well Construction Manager, Regulation Performance Management

Exhibit Proposed Amendments to Rule 40D-1.659 and Chapter 40D-3, F.A.C.

40D-1.659 Forms and Instructions. The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter. Copies of these forms may be obtained from the District. GROUND WATER

(1) – (6) No change (7) WELL VERIFICATION FOR ALL NON-DOMESTIC USE WELLS LOCATED IN THE MOST IMPACTED AREA OF THE SOUTHERN EASTERN TAMPA BAY WATER USE CAUTION AREA, FORM NO. LEG-R.016.00 (____)42.10-005 (10/95) (8) – (25) No change (26) PUBLIC SUPPLY WELL INFORMATION AND CLASSIFICATION FORM, FORM NO. LEG-R.015.00 (___)

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.337, F.S. Law Implemented 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, F.S. History – New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1.901, Amended 12- 22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3- 00,10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10- 19-05, 2-6-07, 2-26-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, (____).

40D-3.021 Definitions. When used in this Chapter: (1) No change (2) “Annulus” or “annular space” means any artificially created void existing between a well casing or liner pipe and a borehole wall, or between two casings or between tubing and the casing or for liner pipe (3) – (34) No change

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.106, 373.306, 373.308, 373.309, 373.313, 373.316, 373.319, 373.323, F.S. History – Readopted – 10-5-74, Formerly 16J-3.02, Amended 7-1-90, 9-30-91, 12-31-92, (____).

40D-3.037 Rules and Publications Incorporated by Reference. (1) The regulations promulgated by the Department governing the construction of water wells as set forth in Chapter 62-532, F.A.C. (3-28-02), the construction of water wells in delineated areas as set forth in Chapter 62-524, F.A.C. (6-27-00), the licensing requirements for Water Well Contractors as set forth in Chapter 62-531, F.A.C. (11-25/07) (7-17-03), and the construction of public supply water wells as set forth in Chapter 62-555, F.A.C. (1-17-05) (4-10-03), are hereby incorporated by reference and made a part of this rule and shall apply to all water wells constructed, repaired, modified or abandoned in the District. (2) No change

82 (3) Well Construction Forms are incorporated by reference into Rule 40D-1.659, F.A.C., and are available from the District upon request and from the District's website at www.watermatters.org .

Specific Authority 373.044, 373.113, 373.309, F.S. Law Implemented 373.046, 373.308, 373.309, 373.323, 373.324, 373.333, F.S. History – New 7-1-90, Amended 12-31-92, 4-11-94, 6- 27-94, 9-22-94, 7-5-95, 10-19-95, 7-15-99, 6-23-03, 1-8-04, (_____)

40D-3.038 Violations of Contractor Licensing Requirements. (1) No change (2) A contractor is requested required to inform the District within 15 days of any change in the contractor's mailing address. (3) – (4) No change

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.323(8), 373.337, F.S. Law Implemented 373.323, 373.324, 373.333, 373.336, F.S. History – New 7-1-90, Amended 12-31- 92, 2-1-05, (____).

40D-3.101 Content of Application. (1) Applications for permits required by this chapter shall be submitted to the District. All permit applicants shall submit the form entitled “State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well”, adopted by reference in Rule subsection 40D-1.659(4), F.A.C. Except for replacement and domestic use wells, all applications to construct a well within the Most Impacted Area of the Southern Eastern Tampa Bay Water Use Caution Area, as set forth in subparagraph 40D-2.801(3)(b)2, and Figure 2.1, F.A.C. Section 7.2.8.A and Figure 7.2-2, of the Basis of Review for Water Use Permit Applications, adopted by reference in Rule 40D-2.091, F.A.C., shall include the form entitled “Well Verification For All Non-Domestic Use Wells Located in the Most Impacted Area of the Southern Eastern Tampa Bay Water Use Caution Area”, adopted by reference in Rule subsection 40D-1.659(7), F.A.C. (2) A permit applicant seeking to drill a public supply well shall submit: (a) A completed well permit application, as set forth in subsection (1) above, signed and accompanied by an applicable permit fee; (b) A completed Southwest Florida Water Management District “Public Supply Well Information and Classification Form”, adopted by reference in Rule 40D-1.659, F.A.C. form number 42.10- 001, revised August 1992; and (c) Four sets of site plans signed, sealed and dated prepared by a licensed professional registered engineer. Applicants for permits on existing projects may submit pre-existing site plans or detailed legal plats. (3) No change

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.109, 373.308, 373.309, 373.313 and 373.316, F.S. History – Readopted 10-5-74, Formerly 16J-3.07, Amended 7-1-90, 9-30-91, 12-31-92, 4-11-94, 10-19-95, 2-26-07, (__ ).

40D-3.301 Conditions for Issuance of Permits. (1) and (2) No change (3) All non-government (privately) owned public supply applicants in Florida Public Service Commission (FPSC) jurisdictional counties, and applicants otherwise regulated by the FPSC, must submit with their application, either an FPSC certificate of authorization to provide water service, or an order of exemption from the FPSC.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.109, 373.306, 373.308, 373.309, 373.313, F.S. History – Readopted 10-5-74, Formerly 16J- 3.11(1) – (3), Amended 1-8-87, 7-1-90, 12-31-92, 7-2-98, ( ).

40D-3.411 Well Completion Report. (1) Well completion reports are required for the construction, repair, modification or abandonment of all wells. The District’s receipt of a well completion report raises the rebuttable presumption that all work under the permit has been completed or has ceased. (a) The water well contractor or any individual permittee shall submit to the District the form entitled “Well Completion Report”, adopted by reference in Rule subsection 40D-1.659(5), F.A.C., within 30 days of the expiration of the permit. (b) If no work is performed or if the well is not completed, a completion report shall be filed within 30 days of the expiration of the permit stating that no well construction was performed or completed under the permit. (c) The District shall require a record of the well construction at any time prior to the submittal of the completion report if any drilling problems are encountered during well construction. The District may request a record either orally or in writing. The water well contractor or individual permittee shall provide the record within seven days of receipt of the District’s request. (d) The record of the well construction shall include the depth of the well, the depth of the well casing, the amount of grout material used, and a description of the geologic material and any drilling problems encountered during the well construction. (2) The water well contractor shall keep or cause to be kept by a person in his employ an accurate field log of all well construction, repair, modification or abandonment activities performed under each permit. Such logs shall be available for inspection at the site during all times when work is in progress.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.308, 373.309, 373.313, F.S. History – Readopted 10-5-74, Amended 10-24-76, Formerly 16J-3.09, 16J-3.14, Amended 7-1-90, 9-30-91, 12-31-92, 10-19-95, 1-1-01, 2-26-07, (______).

40D-3.531 Abandoned Well Plugging. (1) The form entitled "State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well", adopted by reference in Rule subsection 40D-1.659(4), F.A.C., shall be submitted to the District prior to the abandonment of any well, including an incomplete well. (3) All abandoned and incomplete wells shall be plugged by filling them from bottom to top with grout. The work shall be performed by a licensed water well contractor except for wells exempted under subsection 40D-3.051(1) and wells permitted to be constructed or abandoned pursuant to paragraph 40D-3.301(1)(a), F.A.C. (a) and (b) No change (4) No change (5) The "Well Grouting/Abandonment Form", adopted by reference in Rule subsection 40D- 1.659(6), F.A.C., will be used to document the well abandonment.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.206, 373.207, 373.209, 373.306, 373.308, 373.309, F.S. History – New 7-1-90, Amended 9- 30-91, 12-31-92, 7-2-98, 9-26-02, 2-26-07, (____).

84 Exhibit

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

PUBLIC SUPPLY WELL INFORMATION AND CLASSIFICATION FORM

For details regarding the requirements associated with submittal of a Well Construction Permit Application for a public supply well, see reverse side “Important Reminders.”

1. Name of Project: ______2. Name of Owner: ______3. Mailing Address: ______4. Phone Number: ______5. Type of Facility: ______6. Average number of people served daily: (a) Residents ______; (b) Employees ______; (c) Customers ______; (d) Others ______7. How many days per year will the facility be used? ______8. Check the following purposes for which water will be used: ( ) Restrooms ( ) Consumed as a beverage ( ) Dish washing/food processing ( ) Showering facilities ( ) Other uses - specify: ______9. Estimated daily sewage flows in gallons per day: ______gpd. (See Rule 64E-6.008, Florida Administrative Code, Table I)

10. If this project has an existing SWFWMD Storm Water Permit, Environmental Resource Permit (ERP) or Water Use Permit (WUP), provide:

ERP/MSSW No. ______Date of issuance: ______WUP No. ______Date of issuance: ______

11. If application for a SWFWMD Storm Water Permit, ERP or WUP has been submitted for the project, provide:

ERP/MSSW Application No. ______Date submitted: ______WUP Application No. ______Date submitted: ______

12. Signature of Owner: ______Date: ______

Do Not Write Below This Line - For Official Use Only ************************************************************************************************************* Well Construction Permit Number: ______Date Issued: ______

LEG-R.015.00 ( ) Page 1 of 2 40D-1.659, F.A.C.

85 IMPORTANT REMINDERS

1. Pursuant to Rule 40D-3.101, F.A.C., application to construct a public supply well shall consist of: (a) A completed and signed well construction permit application, accompanied by a $130.00 permit processing fee ($500.00 for public supply wells in Chapter 62-524, F.A.C., delineated areas). (b) A completed and signed SWFWMD “Public Supply Well Information and Classification” Form. (c) Four sets of signed, sealed and dated site plans, prepared by a licensed professional engineer, as per Chapter 471, Florida Statutes. Existing projects may submit existing site plans or legal plats of sufficient detail as determined by the District.

2. Pursuant to Rule 40D-3.045, F.A.C., a permit for construction, repair, modification or abandonment of a well for which a water use permit is required under Chapter 40D-2, F.A.C., shall not be issued prior to issuance of the water use permit, except in certain situations as cited therein.

3. Public supply water use permit applicants who are regulated by the Florida Public Service Commission (FPSC) must submit with their water use permit application a copy of their FPSC “Certificate of Authorization.” For further information on this requirement contact:

Florida Public Service Commission Bureau of Certification Gunter Building 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850 (850) 413-6900

DO NOT WRITE BELOW THIS LINE - FOR OFFICIAL USE ONLY ************************************************************************************************************* Public Supply Well Classification Determination:

( ) 62-555 Community PSW ( ) 62-555 Non-Community PSW ( ) 62-555 Non-Transient PSW ( ) 64E-8 Limited Use PSW

DEP or CHU Liaison: ______Date: ______Title: ______SWFWMD Liaison: ______Date: ______Title: ______

LEG-R.015.00 ( ) Page 2 of 2 Rule 40D-1.659, F.A.C.

Exhibit

WELL VERIFICATION

FOR ALL NON-DOMESTIC USE WELLS LOCATED IN

THE MOST IMPACTED AREA

OF THE SOUTHERN EASTERN TAMPA BAY WATER USE CAUTION AREA

I hereby certify that the following statement is true (check the statement that is applicable):

□ verify that Tthe cumulative outside diameter of all existing and proposed non-domestic use* wells on my contiguous property is less than six inches and I verify that the combined withdrawal from all existing and proposed non-domestic use these wells is less than 100,000 gallons per day (gpd) on an annual average basis.

□ Water use permit application number ______was submitted on ______[date] to authorize the use of water to be withdrawn from the proposed well. I am responsible for obtaining a water use permit prior to using the proposed well pursuant to the rules of the Southwest Florida Water Management District (District) in Chapter 40D-2, Florida Administrative Code. I acknowledge that under Chapter 373, Florida Statutes, the Ddistrict may bring an enforcement action against me including an action for a civil monetary penalty for failure to obtain a water use permit if required.

______Signature of Witness Signature of Owner

______Witness (Print Name) Owner (Print Name)

* Non-domestic use wells are those used for other than individual personal household purposes of drinking, bathing, heating, cooking or sanitation.

Form No. 42-10.005 (10/95) Form No. LEG-R.016.00 (____) Rule 40D-1.659, F.A.C.

87 Item 18

Consent Agenda January 29, 2008

Regulation Committee -- Other

Approve Revisions to Supplemental Environmental Resource Application Forms Addressing Homeowner and Property Owner Association Documentation Requirements

Section 2.6.2 of the Basis of Review for Environmental Resource Permitting sets forth the requirements with which homeowners' association, property owners' association or master association documents must comply if such an organization will become the operation and maintenance entity for a surface water management system. Permit applicants must submit the association documents, including the Articles of Incorporation, declaration of protective covenants or deed restrictions and a reference map or plat in draft form during the application review process. Many times these documents are voluminous and it is difficult and time consuming for the reviewing staff to determine whether the documents contain the specific language necessary to demonstrate that the association has the authority to operate and maintain the surface water management system and thereby comply with the District's rules. To simplify the review process, staff proposed a supplemental form to assist the applicant in identifying the specific location of the necessary language for compliance with District rules in the association documents. The Governing Board approved the supplemental forms at its October 30, 2007 meeting and authorized staff to proceed with rulemaking to adopt the forms. Staff has identified some additional minor revisions to the forms that clarify use of the form, no new substantive requirements are proposed.

Staff Recommendation: See Exhibit

Approve revisions to forms and authorize staff to complete the rulemaking process to adopt the form.

Presenter: Karen West, Deputy General Counsel

ENVIRONMENTAL RESOURCE D R A F T PERMIT APPLICATION

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT 2379 BROAD STREET i BROOKSVILLE, FL 34604-6899 (352) 796-7211 OR FLORIDA WATS 1 (800) 423-1476

SECTION K SUPPLEMENTAL INFORMATION FOR HOMEOWNER OR PROPERTY OWNER ASSOCIATION DOCUMENTS

This form is required as part of the draft final recorded copy of the Articles of Incorporation and Declaration of Covenants submitted to the District. The Homeowners' Association or Property Owners' Association Documents must contain all information required by Section 2.6 of the Basis of Review. Please complete the form and submit this form together with the draft or final recorded Homeowners' Association or Property Owners' Association Documents. The final recorded copy of the Articles of Incorporation and Declaration of Covenants must be consistent with the draft approved by the District during the permit application review process and submitted in accordance with Section 2.6.2.2.1 of the Basis of Review for Environmental Resource Permitting.

S.W.F.W.M.D. Permit No. ______. ____ Project Name: ______County: ______The (check one): ___Homeowners' or ___Property Owners’ or ___Condominium or ___Community or ___Master Association has the following general powers and attributes set forth in the Articles of Incorporation or other documents on the page numbers indicated. The association must comply with Florida law, including but not limited to Chapters 617, 718 and 719, F.S., as applicable. The association must reference the appropriate chapter under which the documents have been filed. 2.6.2.2.4 BOR 1. a. All the powers set forth in Section 617, F.S. Page No. _____ b. All the powers set forth in Section 718, F.S. Page No. _____

c. The power to: •Own and convey property; Page No. _____ •Establish rules and regulations; Page No. _____ Page No. _____ •Assess members and enforce assessments; Page No. _____ •Sue and be sued; •Contract for services to provide operation and maintenance of the surface water management Page No. _____ system facilities if the association contemplates employing a maintenance company; •Require all lot owners, parcel owners, or unit owners to be members; Page No. _____ Page No. _____ •Take any other action necessary for the purposes for which the association is organized; Page No. _____ •Require all lot owners, parcel owners, or unit owners to be members.

2. The Association will operate and maintain common property, specifically the surface water management system facilities, including all inlets, ditches, swales, culverts, water control structures, Page No. _____ retention and detention areas, ponds, lakes, floodplain compensation areas, wetlands and any associated buffer areas, and wetland mitigation areas.

3. The Association will exist in perpetuity; however, the articles of incorporation shall provide that if the association is dissolved, the control or right of access to the property containing the surface water Page No. _____ management system facilities shall be conveyed or dedicated to an appropriate governmental unit or public utility and that if not accepted, then the surface water management system facilities shall be conveyed to a non-profit corporation similar to the association.

Form 547.27/ERP (____) Page 1 of 3 89 SECTION K SUPPLEMENTAL INFORMATION – Continued

NOTE: The articles of incorporation of a master association in existence as of July 28, 1999, shall not be amended to include the provisions required by section 2.6.2.2.4 if the master association is proposed as the operation and maintenance entity for a new phase of a multi-phase project. However, a copy of the association’s articles of incorporation shall be submitted with the permit application for construction of the new phase. The following covenants and restrictions are contained in the Declaration of Protective Covenants, Declaration of Condominium, Deed Restrictions on the page numbers indicated:

2.6.2.2.5 BOR 4. The declaration of protective covenants, deed restrictions or declaration of condominium shall provide all of the following: b. A definition for the term “surface water management system facilities” substantially as follows: Page No. _____ The surface water management system facilities shall include, but are not limited to: all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, lakes, floodplain compensation areas, wetlands and any associated buffer areas, and wetland mitigation areas. c. The surface water management system facilities are located on land that is designated common property on the plat, are located on land that is owned by the association, or Page No. _____ located on land that is subject to an easement in favor of the association and its successors. d. No construction activities may be conducted relative to any portion of the surface water management system facilities. Prohibited activities include, but are not limited to: digging or Page No. _____ excavation; depositing fill, debris or any other material or item; constructing or altering any water control structure; or any other construction to modify the surface water management system facilities. If the project includes a wetland mitigation area, as defined in section 1.7.24, or a wet detention pond, no vegetation in these areas shall be removed, cut, trimmed or sprayed with herbicide without specific written approval from the District. Construction and maintenance activities that are consistent with the design and permit conditions approved by the District in the Environmental Resource Permit may be conducted without specific written approval from the District. e. The association is responsible for operation and maintenance of the surface water management system facilities. Operation and maintenance and reinspection reporting shall Page No. _____ be performed in accordance with the terms and conditions of the Environmental Resource Permit. f. All the lot owners, parcel owners or, unit owners must be members of the association. g. A method of assessing funds and collecting the assessed funds by the association for Page No. _____ operation, maintenance and replacement of the surface water management system facilities. Page No. _____ h. The District has the right to take enforcement measures, including a civil action for injunction and/or penalties, against the association to compel it to correct any outstanding problems Page No. _____ with the surface water management system facilities. i. Any amendment of the declaration of protective covenants, deed restrictions or declaration of condominium affecting the surface water management system facilities or the operation and Page No. _____ maintenance of the surface water management system facilities shall have the prior written approval of the District. j. The restriction shall be in effect for at least 25 years with automatic renewal periods thereafter. Page No. _____ k. If the association ceases to exist, all of the lot owners, parcel owners or unit owners shall be jointly and severally responsible for the operation and maintenance of the surface water Page No. _____ management system facilities in accordance with the requirements of the Environmental Resource Permit, unless and until and alternate entity assumes responsibility as explained in subsection 2.6.2.2.4.h. l. For project which have on-site wetland mitigation as defined in section 1.7.24 which requires ongoing monitoring and maintenance, the declaration of protective covenants, deed Page No. _____ restrictions or declaration of condominium shall include a provision requiring the association to allocate sufficient funds in its budget for monitory and maintenance of the wetland mitigation area(s) each year until the District determines that the area(s) is successful in accordance with the Environmental Resource Permit.

Form 547.27/ERP (____) Page 2 of 3 90

SECTION K SUPPLEMENTAL INFORMATION – Continued

If the project is a phased project or has independent associations the following powers and duties are contained in the documents: 5. The Master Association has the power to accept into the association subsequent phases, that will Page No. _____ utilize the same surface water management system; OR 6. a. The documents provide that independent associations have the right to utilize the permitted surface water management system; Page No. _____ b. The documents delineate maintenance responsibilities between the independent association; Page No. _____ c. Cross easements for drainage, and ingress and egress for maintenance, copies of which are attached, have been granted between all independent associations utilizing the surface water Page No. _____ management system;

Prepared by:

______Print Name and Title

Form 547.27/ERP (____) Page 3 of 3 91 Item 19

Consent Agenda January 29, 2008

Regulation Committee -- Other

Approve Joint Amended Deed of Conservation Easement and Agreement for the Peace River Mitigation Bank

The District previously authorized the establishment of the Peace River Mitigation Bank through Environmental Resource Permit No. 43029983.000 issued to Peace River Land Holdings of Florida, LLC, (LLC). In order to provide mitigation credits for use in the District's Environmental Resource Permitting Program and the federal Dredge and Fill Permitting Program the mitigation bank must be approved by both the District and the United States Army Corps of Engineers, (USACOE). As required by the District's mitigation banking rules the LLC conveyed a perpetual conservation easement to the District which was recorded in Hardee County on June 12, 2007. At the time the LLC recorded the easement to the District the mitigation bank was still under review by USACOE. The USACOE has now completed its review and authorized establishment of the mitigation bank through the issuance of a USACOE permit and mitigation banking instrument. Part of the approval requires that the USACOE be afforded certain rights pursuant to the terms of the conservation easement, principally third party enforcement rights and the right to comment on any proposed modification of the easement. To provide the USACOE these rights requires that the conservation easement previously conveyed to the District be amended. The LLC has already provided the District with the financial assurance for perpetual monitoring and maintenance of the mitigation bank and a revised title insurance commitment for the amended conservation easement required by the District. District staff has reviewed the documentation provided and the amended conservation easement and recommends its approval and acceptance.

Recommendation:

Approve and accept the Joint Amended Deed of Conservation Easement and Agreement for the Peace River Mitigation Bank.

Presenter:

Karen E. West, Deputy General Counsel

92 Item 20

Consent Agenda January 29, 2008

Regulation Committee -- Other

Electrical Power Plant Site Certification – SWFWMD Agency Report on Progress Energy Florida – Crystal River Units 4 and 5 Modification of Conditions of Certification – Citrus County

Progress Energy Florida, Inc. (PEF) owns and operates the Crystal River Energy Complex located north of Crystal River in Citrus County. The Complex consists of 4 coal-fired (Units 1, 2, 4 and 5) and 1 nuclear (Unit 3) power generation facilities. Units 4 and 5 are certified pursuant to the Florida Electrical Power Plant Siting Act (PPSA). An application for increased power generation and certification of Unit 3 is currently pending before the Department of Environmental Protection (DEP). (The District's Agency Report on PEF's Unit 3 certification application was approved at the December 2007 Governing Board meeting.) All 5 units use sea water for cooling water purposes and ground water for plant service, boiler makeup and pollution control. Ground water use associated with the operation of Units 1, 2 and 3 is authorized by the District through Water Use Permit No. 2004695.004. Water use for Units 4 and 5 is authorized pursuant to the Conditions of Certification approved by the Siting Board (Governor and Cabinet). The Conditions of Certification for Units 4 and 5 authorize ground water use of 1 million gallons per day (mgd) on an annual average basis and 3 mgd on a maximum daily basis from a linear well field consisting of 4 production wells and 3 inactive wells.

Crystal River Units 4 and 5 have recently obtained approval from DEP to add several new emission control technologies and upgrade its existing pollution control equipment to address federal air emissions requirements. A flue gas desulfurization (FGD) system, also known as wet scrubbers, will be added to control sulfur dioxide (SO2) emissions, and selective catalytic reduction (SCR) systems are proposed to reduce nitrogen oxide (NOX) emissions. Addition of the FGD systems will require increased ground water withdrawals. PEF initially proposed to activate the 3 inactive wells and install 5 new wells to obtain additional ground water withdrawals of 5.4 mgd (6.4 mgd total) on an annual average basis, primarily to support the new FGD system. District staff raised concerns regarding potential adverse impacts to wetlands and surface waters in the vicinity of the proposed increased withdrawals, the feasibility of using less water-intensive alternative air pollution control technologies and the extent to which the suitability of using lower quality water for the proposed use had been evaluated. Following submittal of additional information and extensive discussion with District staff, PEF reduced its proposed total ground water allocation to 4.309 mgd for existing operation of Units 4 and 5 and installation of the FGD systems.

On November 29, 2007, DEP issued a modified Title V Air Operation Permit to authorize the construction (but not operation) of the proposed new emissions equipment and incorporated the new Air Operation Permit into the Conditions of Certification for Units 4 and 5. However, the Conditions of Certification have not been modified to allow increased water withdrawals. District staff and PEF representatives have reached agreement on proposed revised Conditions of Certification to address the increased water use. In light of PEF's pressing construction schedule and federal air emissions compliance requirements, PEF has requested that the District Governing Board approve at its January 2008 meeting an Agency Report with recommended conditions authorizing the proposed increased water use needed for the pollution control equipment. If approved by the Governing Board, the recommended Conditions of

93 Item 20

Certification addressing ground water withdrawals will be incorporated into PEF's application to modify or DEP's Notice of Intent to Modify Conditions of Certification, as appropriate, thus expediting the time required for PEF to obtain all approvals necessary to operate the new air emissions systems and significantly reduce pollution associated with operation of Crystal River Units 4 and 5.

If approved, the proposed revised conditions will authorize increased water use at the facility from 1 mgd to 4.309 mgd on an annual average basis. Three inactive wells will be activated, and 3 new wells will be constructed. Ongoing water quality sampling will also be implemented. Meter readings and pumpage data reporting will be required monthly. An environmental monitoring plan and installation of a network of monitoring wells and staff gauges will be required, and monthly monitoring of ground water and surface water levels at approved locations will be instituted. Monitoring data will be summarized in annual monitoring reports due each January. After groundwater withdrawals reach 3.0 mgd on an annual average basis, if continuing environmental monitoring demonstrates no impacts for 2 more years, monitoring requirements may be suspended. Proposed conditions further require that PEF plan for the use of alternative water supplies to offset the use of ground water and submit an alternative water supply plan that describes the alternative selected. If, after 2 years of groundwater withdrawals at the rate of 3.0 mgd or greater, no adverse environmental impacts are predicted or are occurring, based upon monitoring data analyses, the requirement to implement proposed alternative water supplies can be postponed or waived. In the event that adverse environmental impacts are predicted or are occurring, implementation of alternative water supplies and/or mitigation of environmental impacts will proceed. An aquifer performance test is also required to be conducted prior to use of the new wells to assist in the environmental impact assessment.

The proposed conditions also require submittal of a comprehensive compliance report in 2013 and every 5 years thereafter, to demonstrate continuing reasonable assurance that withdrawals and water use authorized by the conditions meet the substantive conditions of Chapter 40D-2, F.A.C. Other standard water use permitting-related conditions are also added as Conditions of Certification.

Staff Recommendation:

Approve the Agency Report and proposed revised conditions addressing water use to be submitted to the Department of Environmental Protection for Progress Energy Florida's Crystal River Unit 4 and 5 Conditions of Certification.

Presenters: Martha A. Moore, Senior Attorney Paul Williams, Water Use Manager, Brooksville Regulation Department

94 Item 21

Regulation Committee January 29, 2008

Discussion Item

2008 Florida Department of Transportation (FDOT) Mitigation Plan

Pursuant to Section 373.4137, Florida Statutes, the water management districts develop mitigation plans for wetland impacts associated with FDOT projects. These mitigation plans are annually updated to incorporate new projected impacts identified by the FDOT and any necessary modifications to previously approved plans.

This year's plan includes six new road projects with approximately six acres of total new impacts to wetlands and other surface waters. Listed below by basin and county are the new road projects and their proposed construction commencement date:

Alafia River Basin Hillsborough Co. – McMullen Road, Balm Riverview to Boyette Road (2008)

Tampa Bay Drainage Basin Hillsborough Co. – US 301, Falkenburg to Martin Luther King, Jr. Blvd. (2010) Pinellas Co. – US 92 (SR 600 / Gandy), Pelican Sound to Gandy Bridge (2010) Pinellas Co. – CR 296, US 19 to Roosevelt / CR 296 (2016)

Upper Coastal Basin Hernando Co. – SR 50, US 19 to Mariner (2011)

Withlacoochee River Basin Sumter Co. – SR 44, CSX R/R Overpass (Undetermined Construction Date)

This year's plan has proposed mitigation for all the new roadway projects. Impacts associated with five new roadway projects are proposed for mitigation at previously approved sites. Mitigation for the remaining submitted roadway project (SR 50) is proposed within the following new habitat preservation project:

Upper Coastal Mitigation Bank - This 149-acre tract is a private mitigation bank located in northwest Citrus County. The property is within a regionally significant, high quality upland and wetland habitat critical to maintain a wildlife corridor between large public land tracts in the region. The mitigation bank will provide compensation for 3.3 acres of wetland impacts associated with SR 50 and US 19 improvements (construction 2011-2015), with the majority of the anticipated impacts located within three miles of the bank. These wetland impacts will require an estimated $341,000 for purchasing mitigation credits.

In addition to the mitigation bank, two other habitat enhancement and restoration projects are proposed for mitigation of wetland impacts associated with roadway projects previously submitted by FDOT for inclusion into the mitigation program.

Halpata Tastanaki Preserve (WMD – LAND) - This 8,090-acre tract is owned and managed by the District. Located along the Withlacoochee River in Marion County, the property is within the vicinity of thousands of acres of other public lands. An elevated berm was historically constructed on the property to provide vehicle access though the river's wetland floodplain. The berm has altered the drainage patterns and hydroperiod within the adjacent wetland habitat. The objective includes removing some of the berm fill and replacing with Geoweb and rock material. This will provide a wet road crossing for periodic vehicle use as well maintain an access corridor used extensively by wildlife. This construction will result in restoring appropriate surface water hydrology to enhance the ecological value and benefits of the wetland habitat.

95 Item 21

The FDOT program will fund the estimated $390,000 budget associated with the habitat improvements. Activities at Halpata are proposed to provide mitigation for 3.8 acres of wetland impacts associated with SR 200 and US 41 improvements (construction 2014-2016), with the majority of the anticipated impacts located within two miles of the proposed wetland enhancement activities.

Brooker Creek Buffer Preserve (Hillsborough County – Conservation Section) - This 423- acre ELAPP tract is owned and managed by Hillsborough County. The tract is within the northwest area of the County, bordering the 7,500-acre Brooker Creek Preserve in Pinellas County. The tract's wetland habitat has been hydrologically altered by approximately three miles of large rim ditches historically dredged along the upland perimeter of the wetlands. The proposed objectives of the mitigation activities include filling the ditches to create forested wetland habitat, restore contributing hydrology to the existing wetlands, and buffer the wetlands by restoring upland habitat within the adjacent pastures graded to fill the ditches. The FDOT program will fund the estimated $710,000 budget associated with the project. These proposed habitat improvements will provide mitigation for anticipated wetland impacts associated with the nearby expansion of Turnpike's Veteran's Expressway from Anderson Road to Gunn Highway; scheduled for construction in 2010.

With the approval of the three new mitigation projects, a total of 45 mitigation projects within the SWFWMD will receive funds through the FDOT Mitigation Program. Many of the mitigation activities include projects conducted through the District's SWIM Section and Land Resources Division. The District has also partnered with FDEP, local governments, and private mitigation banks to provide mitigation for FDOT. To date, the designated mitigation within the FDOT program includes a cumulative total of approximately 11,000 acres of habitat acquisition and/or restoration and the purchase of approximately 43 private mitigation bank credits.

The following information summarizes the designated appropriation of the funds for all the mitigation projects since inception of the program:

WMD – SWIM 14 Projects $15.40 million WMD – LAND 13 Projects 20.50 million Local Governments 8 Projects 4.80 million FDEP 3 Projects 2.90 million Mitigation Banks 6 Projects 2.20 million FDOT/WMD 1 Project 0.03 million TOTAL 45 Projects $45.80 million

The current wetland impact inventory has 174 roadway projects proposed to require mitigation, which include roadway projects from the program's inception in 1996 through 2016. Upon approval, the proposed mitigation plan will provide adequate and appropriate mitigation for 719 acres of anticipated wetland impacts associated with 169 of these roadway projects. Potential mitigation options for the remaining five roadway projects are currently being evaluated and will be added to the program in future years.

Upon approval by the Governing Board, the plan is then submitted to FDOT in February. Implementation of the mitigation plan is contingent upon funding of roadway projects by the Legislature. All the mitigation program's funds are held in a FDOT Comptroller's Office escrow account until reimbursement of direct cost is requested by the WMDs.

Staff Recommendation: See Plan (CD)

Staff recommends approval of the draft FDOT Mitigation Plan.

Presenter: H. Clark Hull, Jr., ERP Program Director, Regulation Performance Management Dept.

96 Item 22

Consent Agenda January 29, 2008

Resource Management Committee

Approval of Amendment to the Construction Agreement with Subaqueous Services, Inc. for the Lake Panasoffkee Restoration Project (Presented and Approved at the December 2007 Withlacoochee River Basin Board Meeting)

Purpose Recommend the Governing Board approve amending the contract with Subaqueous Services, Inc., the dredging contractor for the Lake Panasoffkee Restoration Project. The amendment will compensate the contractor $642,902 for the dredging of 454,594 cubic yards (CY) of additional sediment due to low water conditions and for 12 additional days of dredge down-time charges, and add 131 calendar days to the contractor’s schedule.

Background/History The Legislature passed Chapter 98-69, Laws of Florida, creating the Lake Panasoffkee Restoration Council (Council). The Council adopted a four-step lake restoration plan that is currently being implemented by the District. The primary restoration strategy for Lake Panasoffkee is a multi-step in-lake dredging project to remove sediments and dense emergent vegetation in order to restore fisheries habitat, historic shoreline, and improve navigation. At its August 2003 meeting, the District Governing Board approved the dredging contract for Steps 2 and 3 of the Council’s restoration plan for a total cost of $22,427,895. Steps 2 and 3 represent the full-scale in-lake dredging steps of the restoration plan which are essential to achieving the plan’s primary goals. The notice to proceed was issued to the contractor to build the upland spoil disposal area in December 2003. The construction of the disposal area was completed in June 2004, and dredging commenced in July 2004.

In a letter dated September 10, 2007 the contractor submitted a claim for additional compensation and contract time as a result of the low water conditions that existed between July 19, 2006 and June 16, 2007 when the lake was below elevation 38.0' NGVD. The contractor’s dredge requires four feet of water depth. Once the water level dropped below elevation 38.0' NGVD the dredge could not advance forward in the area being dredged without dragging bottom. In order to continue dredging the contractor had to dredge additional material to maintain the minimum water depth of four feet. The water level remained below elevation 38.0' NGVD for 13 months until June 16, 2007 at which time dredging operations were suspended. At the time dredging was suspended the lake level elevation was 37.0' NGVD, or one foot too shallow for the dredge. Prior to the receipt of the September 10, 2007 low water claim, the contractor had requested additional compensation for inflated fuel costs for the period from May 2006 through June 2007. Previously the Governing Board had approved compensating the contractor for inflated fuel costs that could not have reasonably been anticipated when the contract was advertised for construction in the summer of 2003. That fuel adjustment was for the period from July 2004 through April 2006.

Between September and December 2007 there were meetings between staff and the contractor in an attempt to negotiate a settlement for the claims and fuel adjustment request. Based on these meetings the contractor’s claims and request for additional compensation were revised and resubmitted in a letter dated December 7, 2007. A summary of the contractor’s revised claims and request along with a summary of available project funds are provided under Benefits/Costs below.

97 Item 22

Benefits/Costs

Summary of Claims/Requests Additional Claim/Request Amount Days Fuel Adjustment (May 2006-June 2007) $352,388 - Additional 454,594 CY of dredging $602,902 71 Additional 12 days of dredge down time $40,000 - FDEP Request to dredge additional 20 acres $0 60 Totals $995,290 131

Summary of Available Funds Available Funds Source $436,959 Board Encumbered Basin Board/SWIM funds $379,051 Available Funds in Agreement (unused) ($120,000) Need for Additional Consultant Costs $696,010 Total Funds

Based on the contractor’s claims and requests shown above, staff can support compensating the contractor $642,902 for the costs associated with the dredging of 454,594 additional cubic yards of sediment and for the 12 days of additional dredge down-time costs. Staff can also support the 131 additional calendar days to the contractor’s schedule. Staff cannot support the request for the fuel adjustment cost since there are not adequate funds available at this time, and there is not a contractual basis or requirement for making the payment. In its 2007 Report to the Legislature the Lake Panasoffkee Restoration Council did recommend the Legislature appropriate an additional $1,000,000 specifically for inflated energy costs. If the Legislature appropriates additional funds for the project, the request for a fuel adjustment cost can be revisited.

At its December 13, 2007 meeting, the Withlacoochee River Basin Board approved recommending the Governing Board approve amending the agreement with the contractor to compensate the contractor $642,902 for the additional material dredged due to low water and dredge down-time, and to add 131 calendar days to the contractor’s schedule. Funds for the additional compensation will come from $379,051 of available unused funds in the existing agreement, and by liquidating $263,851 of encumbered Basin Board/SWIM funds.

Staff Recommendation:

(1) Approve compensating Subaqueous Services, Inc. $642,902 for the dredging of an additional 454,594 cubic yards of sediment and for 12 days of additional down-time costs; (2) Approve adding 131 calendar days to the project schedule; (3) Approve amending the agreement with Subaqueous Services, Inc. to increase the not to exceed amount of the agreement by $263,851, for a new agreement total of $23,214,678; and (4) Authorize the Executive Director to execute the amendment on behalf of the Governing Board.

Presenter: Michael L. Holtkamp, Director, Operations Department

98 Item 23

Consent Agenda January 29, 2008

Resource Management Committee

Rehabilitation and Reclamation Agreement, Sawgrass Lake Restoration Project (Presented at the June 2007 Pinellas-Anclote River Basin Board Meeting)

Purpose The purpose is to request the Governing Board approve a Rehabilitation and Reclamation Agreement between the Florida Department of Environmental Protection (FDEP) and the District. At their June 2007 meeting, the Pinellas-Anclote River Basin Board approved the agreement and recommended that the Governing Board approve the agreement and authorize the Executive Director to sign the agreement following FDEP's approval of the Remedial Action Plan.

Background/History Preliminary tests conducted at the District-owned Sawgrass Lake Park Water Management Area (WMA), including limited field testing conducted by the FDEP and a Contamination Assessment Report completed in August 2000 by SCS Engineers, Inc., documented contaminated conditions in the WMA and adjacent Skyway Trap and Skeet Club property. Elevated levels of lead and arsenic were found in surface waters, soils, sediments and ground water. The area of contamination is coincident with portions of the Sawgrass Lake Park WMA used as a drop-zone for spent shot and where lead has migrated. The source of the spent shot is from skeet and trap shooting activities conducted west of the District's ownership. The District entered into a Consent Order with the FDEP for the remediation of the Sawgrass Lake site in April 2001. The Consent Order outlines the steps and schedule required for the cleanup. The cleanup activities were put on hold for three years during the litigation between the District and the Skyway Trap and Skeet Club.

Several years of litigation and new state legislation passed in April 2004 resulted in a settlement agreement between the District and the Skyway Trap and Skeet Club. Under the terms of the agreement, the District will undertake removal of lead shot and other contaminants from areas within the Sawgrass Lake Park WMA. Independently, the Skyway Trap and Skeet Club will be responsible for cleanup of its property. The settlement agreement also requires a transfer of ownership of five acres of District lands to the gun club. In exchange for receiving title to five acres of District lands, the Skyway Trap and Skeet Club will surrender the perpetual easement it holds over District lands east of the south inflow canal.

The terms and conditions of the Consent Order are no longer applicable for the cleanup and restoration of the Sawgrass Lake site because of obsolete rule references and an unachievable schedule. A Rehabilitation and Reclamation Agreement, which replaces the Consent Order, has been developed and is provided as Exhibit I. The terms of the Rehabilitation and Reclamation Agreement require the District to cleanup contaminated areas within the Sawgrass Lake Park WMA in accordance with state regulations and guidelines and a schedule approved by both parties. At their June 2007 meeting, the Pinellas-Anclote River Basin Board approved the Rehabilitation and Reclamation Agreement and recommended that the Governing Board approve the agreement and authorize the Executive Director to sign the agreement, contingent on FDEP's approval of the Remedial Action Plan.

A required Remedial Action Plan (RAP), which summarizes the contamination assessment, feasibility study findings, risk-based site cleanup goals, and outlines a cleanup strategy for the

99 Item 23 site, was submitted to the FDEP on May 2, 2007. The FDEP filed a RAP approval order on December 11, 2007. The next phase of the project is to design and permit the approved cleanup strategy. Construction and remediation are not anticipated to begin until 2009. A summary of the RAP is provided as Exhibit II.

Benefits/Costs The principal elements of this project will result in the cleanup and restoration of water resources and wetland areas within the Sawgrass Lake Park WMA. Site cleanup and reclamation of spent shot from the drop zone area will remove lead and associated contaminants from the system. The cost estimate for the required cleanup of the site, detailed in the RAP, is approximately $19,900,000. Over the past several fiscal years (FY) (FY2005 – 2008), the Pinellas-Anclote River Basin board budgeted a total of $18,599,530 for this project, of which $17,979,342 is available for design, permitting, and construction. The budget includes $1,000,000 of State appropriated funds for Tampa Bay. Additionally, staff is pursuing other potential outside funding sources for implementation of this project.

Staff Recommendation: See Exhibits

Approve the Rehabilitation and Reclamation Agreement between the Florida Department of Environmental Protection (FDEP) and the District and authorize the Executive Director to execute the agreement.

Presenters: Jennette Seachrist, SWIM Program Manager Karen West, Deputy General Counsel

100

BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

IN RE: SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

OGC Case No. 00-1220 C ______/

REHABILITATION AND RECLAMATION AGREEMENT PURSUANT TO SECTION 376.30701, FLORIDA STATUTES

This Rehabilitation and Reclamation Agreement (the "Agreement") is entered between the State of Florida Department of Environmental Protection (the "Department") and the Southwest Florida Water Management District (the "District") to reach agreement on a rehabilitation schedule to conduct site rehabilitation and reclamation pursuant to Section 376.30701, Florida Statutes ("F.S.") and, if necessary, to authorize remedial actions pursuant to 40 Code of Federal Regulations (“CFR”) Part 270, Subpart H as adopted by reference in Chapter 62-730, Florida Administrative Code (“F.A.C.”). The parties agree to the following:

FACTS

1. The Department is the agency of the State of Florida with the authority and power to enforce the provisions of Chapters 376 and 403, F.S.

2. The District is the administrative agency of the State of Florida charged with the responsibility to conserve, protect, manage, and control the water resources within its geographic boundaries, in accordance with the provisions of Chapter 373, F.S. and related rules set forth in the Florida Administrative Code, ("F.A.C.").

3. The District owns real property located at the Sawgrass Lake Water Management Area, a property used for surface water management, recreation, and education ("Sawgrass") and is a “Real Property Owner” as defined in Section 376.301(36), F.S.

4. Skyway Trap & Skeet Club, Inc. ("Skyway"), a Florida Corporation, owns and operates a shooting range at 3200 74th Avenue North, St. Petersburg, Pinellas County, adjacent to and to the west of the District's parcels at Sawgrass. The District property includes several parcels, including Parcel 16-560-113.5, which has been used by Skyway as a drop zone for spent shotgun pellets. Ongoing shooting range operations by Skyway continue to contribute spent shotgun pellets to portions of Sawgrass.

5. Skyway possesses an easement over Parcel 16-560-113.5 for use as a drop zone for spent shot, but not over any other portion of Sawgrass. This easement was granted by court order over the objection of the District when the District took Parcel 16- 560-113.5 from Skyway in eminent domain proceedings in 1976 (the "Easement

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Parcel"). The Department acknowledges that the District was compelled by the court order referenced to allow Skyway to use District property as a spent shot drop zone and that Skyway shares the ultimate liability for any resulting contamination. The District acknowledges its responsibility for conducting site rehabilitation, as necessary, due to its status as the owner of a contaminated site which is part of a shooting range.

6. Upon receipt of a complaint, the Department requested that the District undertake investigations at Sawgrass that resulted in an initial finding that Skyway had overshot the Easement Parcel and had deposited lead upon the adjacent District property, Parcel 16-560-102 in Sawgrass that lies to the east of the Easement Parcel. The Easement Parcel and Parcel 16-560-102 are both contaminated with lead.

7. The District filed suit against Skyway in 2000, in Pinellas County Circuit Court, Case No. 00-2649-CI-7, and Skyway joined the District in litigation instituted by the Department in 2001, by filing a third party claim in Pinellas County Circuit Court Case No. 01-2685-CI-7. The Department's litigation was instituted upon finding that contaminants from Skyway's activities had spread from the drop zone and had caused adverse impacts in Sawgrass Lake, a named water body, as well as in the surficial aquifer. The District entered into a Consent Order with the Department in April 2001 that provided for site remediation subsequent to resolution of the Department's case with Skyway.

8. On April 10, 2004 the District entered into a Settlement Agreement with Skyway in Case No. 00-2649-CI-7, and as a condition of the Settlement Agreement, the District agreed to be responsible for all site investigation and required rehabilitation and reclamation of the accumulated spent targets and lead shot in or on Parcels 16-560- 113.5, 16-560-102, and an additional District parcel, Parcel 16-560-112. The District agreed that its rehabilitation and reclamation would be undertaken and completed in good faith and as expeditiously as practicable.

9. As an additional condition of the Settlement Agreement with Skyway, the District will be required to transform 5.2 acres of Parcel 16-560-113.5 (the "5.2 acres") into an upland, devoid of native foliage or wetland characteristics, and contour an earthen berm at the eastern edge of the 5.2 acres to function in conjunction with a shot barrier Skyway is ordered to erect and maintain. After the District completes its rehabilitation and upland transformation, it will convey to Skyway the 5.2 acres. In exchange for the conveyance of the 5.2 acres, Skyway will release its easement over the remaining portion of Parcel 16-560-113.5.

10. Skyway agreed to cooperate with the District in those rehabilitation and reclamation measures, provided Skyway's shooting activities on Wednesday afternoons, Saturdays, Sundays, and legal holidays are not unreasonably impaired. As part of its settlement with the Department, Skyway agreed to rehabilitate its parcel and to operate the gun club with best management practices.

TERMS AND CONDITIONS

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11. This Agreement supersedes and replaces the Consent Order entered into between the District and the Department on or about April 4, 2001.

12. This Agreement is entered into by both parties to ensure a coordinated and appropriate response to the site rehabilitation and reclamation of contaminated environmental media at Sawgrass. This Agreement does not act as an admission of wrongdoing by the District and shall not limit, inhibit, or foreclose the rights of either the District or the Department to pursue costs, penalties and damages from Skyway for contamination resulting from any Skyway operations or actions. The District is voluntarily entering into this Agreement to rehabilitate the impacts to the site with full knowledge of and in accordance with the provisions of Section 790.333 F.S. Nothing in that statute shall be construed to impair, invalidate or supersede in any manner the duties voluntarily assumed by the District in this Agreement or the Department's authority to enforce this Agreement. The District acknowledges that the Department’s actions in entering and implementing this Agreement do not constitute intentional or malicious violation of Section 790.333, F.S., and that enforcement of this Agreement is not a violation of Section 790.333, F.S.

13. The "impacted site" consists of all of the contiguous area owned by the District identified in paragraph 3 contaminated by lead shot, target fragments and breakdown products from the historical shooting range operations at Skyway, including soil, water and sediment on and down gradient from the parcels identified in paragraph 8.

14. The District agrees to implement site rehabilitation and reclamation at the impacted site in a timely manner according to the schedule attached and in accordance with Sections 376.30701 and 790.333, F.S., and applicable provisions of Chapter 62- 780, F.A.C. Additionally, any applicable provisions of the Department document entitled “Best Management Practices for Environmental Stewardship of Florida Shooting Ranges, 2004 edition” may also be utilized as guidance for the recovery and management of recovered materials and prevention of further contaminant migration in the course of implementing work under this Agreement. Rehabilitation may include, but is not limited to, chemical fixation of excavated impacted soil and sediment at the impacted site in order to stabilize metal constituents.

15. Environmental media that may be generated during rehabilitation and reclamation at the impacted site and which are shown to contain a solid waste which exhibits a hazardous characteristic shall be managed in accordance with the Department document entitled “Attachment I: Management of Environmental Media that Contains Hazardous Waste, Draft, 2/07/2006” which is attached hereto and incorporated herein as Exhibit 1. Continued compliance with this Agreement shall satisfy the District's obligations, if any, pursuant to 40 CFR Part 264, concerning site closure as adopted by reference in Rule 62-730.180(1), F.A.C. However, the District does not admit or concede that the impacted site is or has been a hazardous waste facility. Rather, it is the District’s position that the impacted site is not a hazardous waste facility.

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16. The Department acknowledges that some contaminants may continue to migrate onto the District's property from off-site sources on Skyway property, and that if this is demonstrated to be the case, the District may not be liable for rehabilitation of such impacts under paragraph 14.

17. This Agreement does not negate or in any way lessen or impair the District's rights to challenge or defend any agency actions taken pursuant to this Agreement.

18. All reports, plans and data required by this Agreement are to be submitted to the Department and should be sent to:

Waste Program Administrator, Florida Department of Environmental Protection Southwest District, 13051 N. Telecom Parkway Temple Terrace, Florida 33637 and Administrator, Program and Technical Support Section Florida Department of Environmental Protection Bureau of Waste Cleanup 2600 Blair Stone Road Tallahassee, Florida 32399-2400

19. This Agreement is subject to review by, and concurrence of, the Pinellas-Anclote River Basin Board and the District Governing Board following execution hereof by the Executive Director of the District. In the event that the District Governing Board does not approve this Agreement, it shall be null and void, and have no legal effect in any further proceedings. The District shall notify the Department of the date when the matter will be considered by the respective boards and the actions taken.

20. No modification of the terms of this Agreement shall be effective until reduced to writing and executed by both the District and the Department.

21. When approved by the parties, this Agreement shall be final agency action of the Department pursuant to Section 120.52(7), F.S., enforceable pursuant to Section 120.69, F.S., and will be effective on the date filed with the Clerk of the Department unless a petition for administrative hearing is filed in accordance with Chapter 120, F.S. In the event of the filing of a sufficient petition, this Agreement will not be effective without further order of the Department.

22. Upon the Department’s determination of the District having completed work under this Agreement, the Department shall issue a Site Rehabilitation Completion Order (SRCO) containing a No Further Action (with or without conditions) determination to the District. When the SRCO takes final legal effect, this Agreement shall automatically terminate.

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FOR THE REAL PROPERTY OWNER:

______

DATE David L. Moore Executive Director Southwest Florida Management District 2379 Broad Street Brooksville, Florida 34604

DONE AND ORDERED this _____ day of ______2006, in Tampa, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

______Deborah A. Getzoff District Director

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged.

______Clerk Date

cc: Augusta Posner, OGC William Kutash, SWD DEP

5 105 Sawgrass Lake

# 0

# 1

Lake Area Zone # 2

# 3

# 4

# 5

# 6

# 7

# 8

# 9

Legend Remediation Areas Canal Road Zone Proposed Berm Peat Island Zone Existing Canal Zone Red Maple Swamp Zone Lake Area Zone Western Property Zone Proposed Canal Reroute

106 Remedial Action Plan Schedule

Activity Quarter 1 Quarter 2 Quarter 3 Quarter 4 Quarter 5 Quarter 6 Quarter 7 Quarter 8 Quarter 9 Quarter 10

Description Mo 1 Mo 2 Mo 3 Mo 1 Mo 2 Mo 3 Mo 1 Mo 2 Mo 3 Mo 1 Mo 2 Mo 3 Mo 1 Mo 2 Mo 3 Mo 1 Mo 2 Mo 3 Mo 1 Mo 2 Mo 3 Mo 1 Mo 2 Mo 3 Mo 1 Mo 2 Mo 3 Mo 1 Mo 2 Mo 3

Task 1 Mobilize equip./prepare utilities Lower lake levels Install turbidity barriers Excavate Bypass canal

Task 2 Construct earthen berm Maintain barriers Demobilize berm crew Task 3 Mobilize/excavate water line Bypass/install valves & fittings Backfill

Task 4 Clear WPZ vegetation Clear RMSZ Vegetation

Task 5 Clear PIZ A/G Veg Excavate CZ Sediments Excavate WPZ/CRZ soils Pre-stage soils & sediments 107 Gross screening

Task 6 Excavate peat from PIZ Pre-stage peat Treat organic peat Excavate RMSZ soils & seds Pre-stage soil & sediments Task 7 Screen soils & sediments Chemically fix media Backfill WPZ w/ treated soil Ship Pb for Recycle Ship treated peat offsite

Task 8 Confirmation testing Lake dredging/ treatment Construct Channel 3 Project

Task 9 Report Preparation

A/G = Aboveground CZ = Canal Zone PIZ = Peat Island Zone RMSZ = Red Maple Swamp Zone WPZ = Western Property Zone Canal Road Zone = CRZ Lake Zone = LZ Exhibit II Sawgrass Lake Restoration Project Remedial Action Plan (RAP) Summary

Cleanup Goals

The identification and selection of the cleanup strategy for the Sawgrass Lake Restoration project was based on minimizing the environmental impacts to the site, while meeting the requirements of the Rehabilitation and Reclamation Agreement. The cleanup strategy recommended for the Sawgrass Lake site is consistent with Federal and State environmental regulations and the Best Management Practices for Environmental Stewardship of Florida Shooting Ranges. The goals of the cleanup strategy, which are consistent with Environmental Protection Agency guidance for hazardous waste cleanup, include:

• Maintain Water Quality Consistent with Applicable Water Quality Standards.

• Reuse or Recycle to the Maximum Extent Practicable.

• Demonstrate Good Environmental Stewardship.

• Provide Environmentally Sound and Cost Effective Site Remediation.

• Implement Best Management Practices.

Cleanup Strategy

The cleanup area encompasses approximately 36 acres. The affected areas at the Sawgrass Lake Park Water Management Area (WMA), which have been impacted by the historical shooting activities, have been divided into seven zones (see attached figure). The cleanup strategy for each zone is based on environmental characteristics and degree of contamination. The general cleanup strategy recommended in the Remedial Action Plan for all of the zones is as follows.

• Vegetation will be cleared, grubbed, shredded and managed according to state regulations.

• Soil, sediments, and organic material containing lead shot will be excavated, screened for lead shot, chemically fixed to prevent leaching, tested, and if appropriate, used as fill on the property to be transferred to the Skyway Trap and Skeet Club. Recovered lead shot will be recycled.

• Lake bottom sediments, with lead concentrations exceeding the State's sediment guidance concentrations, will be dredged, mixed with treated material excavated from other zones, and if appropriate, used as fill on the property to be transferred to the Skyway Trap and Skeet Club.

• District-owned property within the open shooting range, which contains large quantities of broken clay targets, will be handled in the same manner as property owned by Skyway Trap and Skeet Club.

108 • Institutional controls (i.e. deed restrictions) will be applied to areas containing chemically-fixed soils with residual total lead concentrations above the state standards.

Cleanup Costs

The total estimated cost for the cleanup strategy recommended in the Remedial Action Plan is $19,845,210. The following table shows the cost breakdown.

SUMMARY OF CLEANUP COSTS FOR SAWGRASS LAKE WMA

Total Cost Item Construction Activity ($)

1 Clearing and grubbing 380,000 2 Staked silt fence 80,000 3 Floating turbidity barrier 75,000 4 Earthen containment berm 1,205,500 5 New Channel 3 410,000 6 Re-route 36-inch water main 700,000 7 Gross soil screening 2,430,000 8 Soil and sediment chemical fixation 3,285,000 9 Organic peat drying and denuding 200,000 Trucking and disposal of unsuitable soil and 10 sediment 1,600,000 11 Lake sediment dredging, treatment and disposal 2,760,000 11 Channel 3 stormwater treatment project 650,000 12 Water, soil and sediment sampling and analysis 200,000

SUBTOTAL: 13,975,500

Mobilization/Demobilization (10% of construction cost) 1,397,550 CONTINGENCY (20% of construction cost): 2,795,100 ENGINEERING DESIGN AND PERMITTING: 838,530 ENGINEERING CONSTRUCTION OVERSIGHT: 698,775 GEOTECNICAL TESTING DURING CONSTRUCTION 139,755

TOTAL COST: 19,845,210

Cleanup Schedule

The implementation of the cleanup strategy recommended in the Remedial Action Plan is anticipated to take approximately 30 months to complete (see attached Figure).

109 Item 24

Consent Agenda January 29, 2008

Resource Management Committee

First Amendment to the Evaluation of Soil Moisture Based On-Demand Irrigation Controllers, Phase II Project (Presented at the December 2007 Pinellas-Anclote River Basin Board Meeting)

Purpose The Pinellas-Anclote River Basin Board approved the first amendment for the Evaluation of Soil Moisture Based On-Demand Irrigation Controllers, Phase II project. The first amendment increases the District's funding by $50,000 and extends the contract period by two years to December 31, 2009. The additional funding and time extension will be used to continue project monitoring, data collection and analysis for a longer time period to better account for Florida's variable weather conditions. This information will be used to determine the water conservation potential of soil moisture devices on homes that use potable water for irrigation.

Background/History The Pinellas-Anclote River Basin Board approved funding for this Basin Initiative project as part of its fiscal year (FY) 2005 budget. The purpose of the project is to test a soil moisture sensor device on up to 64 residential homes that currently use potable water for irrigation in the Pinellas County Utilities service area. The soil moisture sensors are connected to existing residential irrigation systems that have an electronic irrigation controller and are supplied by pressurized water supplies. Much of the work for the project involves landscape monitoring and water use measurement by University of Florida staff and Pinellas County. The agreement between the District and the University of Florida Board of Trustees (University) became effective on September 1, 2004 and is scheduled to expire on December 31, 2007.

The project is currently monitoring water use on 59 homes in Pinellas County. Approximately nine months were required to recruit the cooperators. The participating homes have been monitored since November 2006. As of May 2007, Automatic Meter Recording (AMR) devices, which continuously monitor water use, have been installed on all homes’ irrigation meters. The AMRs will help explain the irrigation results that were difficult to interpret with only weekly data provided by Pinellas County Utilities. The funding of this project is projected to end December 31, 2007, resulting in two years of data. By then, researchers would typically begin to see how well the soil moisture sensors work over time with regard to the homeowners and water conservation. However, the data is not expected to sufficiently represent device operations in all ranges of weather conditions, since we have been in a drought since data collection began. The first amendment will extend the contract termination date from December 31, 2007 to December 31, 2009.

Benefits/Costs The original total project cost was estimated to be $298,148. The additional funding of $50,000 will be used for continued project monitoring, data collection and analysis. The revised total project cost and Basin Board contribution will be $348,148. A copy of the first amendment is available upon request.

Staff Recommendation:

Recommend the Governing Board approve the first amendment with the University to increase funding by $50,000, with the Basin’s share not to exceed $50,000; and authorize the Executive Director to sign the first amendment.

Presenter: Melissa Musicaro, Staff Water Conservation Analyst, Resource Projects Dept.

110 Item 25

Consent Agenda January 29, 2008

Resource Management Committee

Appraisal and Purchase/Sale Agreement, Lake Hancock Project, SWF Parcel No.20-503-150

Purpose The purpose of this item is to request the Governing Board approve the purchase of approximately 1.55 acres which has been negotiated with the owner, Mayme E. Read, as part of the District’s Lake Hancock project. To date, the District has acquired a fee simple interest in approximately 5,794 acres, and less than fee interests in an additional 631 acres within the project. A general location map of the parcel is included in the board packet as an exhibit to this item.

Background/History On September 25, 2007, the Governing Board authorized the implementation of the Lake Hancock Lake Level Modification Project including acquisition of lands (initially on a voluntary basis) necessary for the project. The Board also approved the use of eminent domain, if necessary, to complete the acquisition process. The District is required by state law (Section 373.042, Florida Statutes (F.S.)) to develop minimum flows and levels (MFL) on priority water bodies and aquifers. The purpose of the MFL is to ensure that adequate flows or levels are maintained to protect the state's water resources. The District has set minimum flows for the upper Peace River including 17 cubic feet per second (cfs) at Bartow, 27 cfs at Fort Meade, and 45 cfs at Zolfo Springs. Flows in the upper Peace River were below the minimum flows at Fort Meade approximately 28 percent of the time during the last 30 years. The District's Southern Water Use Caution Area (SWUCA) Recovery Strategy includes a specific recovery strategy, as required by state law (Section 373.0421, F.S.), for the upper Peace River because the minimum flows are not currently being met.

Ground-water withdrawals in the SWUCA have resulted in declines in aquifer levels throughout the SWUCA and contribute to reduced flows in the upper Peace River. The District determined that it is not feasible to reduce groundwater withdrawals to achieve the minimum flows for the upper Peace River. The Lake Hancock Lake Level Modification Project is critical in the District's strategies for meeting the minimum flows in the upper Peace River. The goal of the project is to store water by raising the control elevation of the existing outflow structure on Lake Hancock from 98.7 to 100.0 feet and to slowly release water during the dry season to help meet the flow requirements in the upper Peace River. Historically, the lake level was approximately one to two feet higher than the current operating level. The Lake Level Project is anticipated to recover up to approximately 50 percent of the minimum flows for the upper Peace River. The Project will also improve the function of approximately 1,000 acres of wetlands around the lake, preserve approximately 4,800 acres of floodplain, complete the Lake Hancock section of the Upper Peace River Greenway Corridor, provide recreation partnership opportunities and restoration and/or mitigation opportunities on previously altered mined lands.

Property Description Location and Access – The property is located at 3620 Jacque Lee Lane in Lakeland. Jacque Lee Lane is a privately maintained road, and is generally located south of the Polk Parkway and north of the Winter Park Road.

Utilities and/or Improvements – The property has electric and telephone service available and is on a private well and septic system. It is improved with a three bedroom, two bath, 1,778 square foot single family residence built in 1972 by Mrs. Read and her now deceased husband on a lot purchased in May of that same year.

Zoning – The property is zoned A/RR (Agricultural/Rural Residential) by Polk County.

111 Item 25

Summary of Appraisal and Value Comparisons - In accordance with District policy, one (1) appraisal was obtained for the parcel from Nicholas J. Mancuso, MAI with Mancuso Appraisal Services, Inc. The appraisal was reviewed by Stephen Jamir, MAI of Jamir and Associates, Inc. The appraisal report was prepared on October 26, 2007 of an appraisal effective October 18, 2007, meets the necessary legal or District requirements and contains the appraiser’s factual data leading to the value conclusion.

Highest and Best Use – The highest and best use, as determined by the appraiser, based on the physically possible, legally permissible and financially feasible uses for this property, would be for single family residential.

The appraiser applied the Sales Comparison Approach (Market Approach) to determine the value of this property. The appraiser relied on recent sales of comparable property in Polk County. The sales were adjusted for differences that included, improvement characteristics (pool, garage size), location/access, and physical characteristics including size of house and lot and other improvements (outbuildings).

The following is a comparison of the total negotiated purchase price to the appraised value:

Negotiated Appraised Value Amount Mancuso Total Cost $300,000.00 $220,000.00 Total $300,000.00 $220,000.00

The property is not listed for sale. The total acquisition cost of this property also includes consideration of the owner's moving expenses, a premium paid for a replacement residence meeting the seller's needs, attorney fees, and the property tax implications of relocating to a new residence (potential loss of the Save Our Homes cap).

Voluntary acquisition avoids the significant expense and investment of staff time that is required when eminent domain proceedings are initiated. In the eminent domain process the District can incur substantial costs in the form of attorneys fees and expert witness fees. Moreover, the District is not only responsible for the costs of its attorneys and experts, but also those costs incurred by the landowner in the condemnation suit.

In addition, voluntary acquisition provides certainty. Litigation is inherently uncertain, perhaps especially so when 12 jurors are called upon to make a determination of what constitutes "full compensation" to a landowner.

Purchase Agreement • The seller agreed to deliver marketable title free of all encumbrances objectionable to the District. • An environmental site assessment will be completed prior to closing.

Impact If Not Funded/Funding Funds are available from the Governing Board's General Fund Water Supply and Resource Development Reserve for the acquisition/purchase of this parcel. If not funded, the Lake Hancock Lake Level Modification Project cannot be implemented.

Staff Recommendation: See Exhibit

(1) Accept the appraisals; and (2) Approve the Purchase/Sale Agreement.

Presenter: Fritz Musselmann, Director, Land Resources Department

112 Lake Hancock

542

655

Saddle Creek

SWF Parcel No. 20-503-150 540

Lake Lena Run

Banana Creek

Banana Lake

Lake Hancock Highland City

540A

17 ch an Br Phy llis Sadd SWF Parcel No. 20-503-150 le 98 Cr Proposed SWFWMD Easement eek Acqusition Peace Creek Proposed SWFWMD Fee Acquisition

Peac k SWFWMD Easement Peace Cree SWFWMD Fee Acquisition e Ri v 0 1 2 Other Conservation Lands er Other Publicly Owned Lands Miles60

113 Item 26

Consent Agenda January 29, 2008

Resource Management Committee

Remove Crews Lake From Rule Amendments to 40D-8.624, F.A.C., and Authorize Completion of Rulemaking for Minimum and Guidance Levels Proposed for Lakes Lola, Jessamine, Pasco, Pierce, and Unnamed Number 22, also known as Loyce Lake

Purpose To approve a change to proposed rule amendments to 40D-8.624, Florida Administrative Code (F.A.C) to remove Crews Lake and authorize staff to complete rulemaking regarding Minimum and Guidance Levels for five other priority lakes included in the amendments.

Background/History In March 2007, the Governing Board approved amendments pertaining to incorporation of proposed Minimum and Guidance Levels for Crews Lake and five other priority lakes (Lake Iola, Lake Jessamine, Pasco Lake, Pierce Lake, and Unnamed Lake No. 22, also known as Loyce Lake) into Rule 40D-8.624, F.A.C. In April 2007, a Notice of Proposed Rule concerning the rule amendments was published in the Florida Administrative Weekly (FAW).

Mr. Gills, the owner of approximately 1,000 acres of land bordering Crews Lake, timely filed a request for a public hearing before the Board on the proposed Minimum and Guidance Levels for Crews Lake pursuant to paragraph 120.54(3)(c), Florida Statutes. A public hearing was scheduled and noticed in the FAW for the July 2007 Governing Board meeting. This type of public hearing allows the person requesting the hearing to present evidence and argument to the Governing Board regarding the proposed levels. The public hearing has been continued on a month-to-month basis through the current month, to allow for discussion between Mr. Gills' representatives and staff.

Staff met with Mr. Gills' representatives on July 10, 2007 and again on December 4, 2007 to discuss his concerns with the proposed rule. Following completion of these meetings, Mr. Gills' representatives indicated that they still had some concerns regarding the proposed levels for Crews Lake and requested that meetings and exchange of information which may resolve these issues be continued. Staff agreed to continue to meet with and share information with Mr. Gills' representatives, noting that some of the pertinent information may not become available until the middle of 2008.

The legal effect of the request for and continuation of a public hearing on Crews Lake is to put the completion of the rulemaking process in abeyance, not only for Crews Lake but also for the other five priority lakes that were included in the rulemaking with Crews Lake. In light of the fact that discussions with Mr. Gills' representatives may not conclude for a number of months, staff would like to complete the rulemaking on the other lakes. In order to move forward with the other lakes, the Board needs to approve a change to the draft rules that will remove Crews Lake from the rulemaking process. The Board will be asked to restart the rulemaking process for Crews Lake once discussions are concluded on Crews Lake.

Benefits/Costs Removal of Crews Lake from the previously approved rule amendments will contribute to the process of adopting Minimum and Guidance Levels for five other priority lakes. If this action is not approved, levels for the other priority lakes will not be available to support District Regulatory Programs.

114 Item 26

Staff Recommendation:

Approve a change to the proposed rule amendments to 40D-8.624, F.A.C. to remove Crews Lake and authorize staff to complete the rulemaking for Lake Iola, Lake Jessamine, Pasco Lake, Pierce Lake, and Unnamed Lake Number 22 (also known as Loyce Lake).

Presenter: Doug Leeper, Chief Environmental Scientist, Resource Projects Department

115 Item 27

Consent Agenda January 29, 2008

Resource Management and Development Committee

Continue Public Hearing Requested by Tampa Bay Water on Proposed Minimum Flows for the Fresh Water Segment of the Alafia River

The Governing Board approved the proposed Minimum Flows for the freshwater segment of the Alafia River at its meeting in Bradenton in November, 2005. The proposed Minimum Flows were published in the Florida Administrative Code in January 2006. The Minimum Flows are to be measured at a United States Geological Service (USGS) Gage located at Lithia springs.

Tampa Bay Water has a permit for water withdrawals from the Alafia River below the Lithia USGS Gage. Tampa Bay Water has indicated that without knowing the proposed Minimum Flows for both the freshwater and estuarine portions of the Alafia River, it can not determine if the Minimum Flows will affect its permitted withdrawals. Tampa Bay Water timely filed a request for a public hearing before the Board on the proposed Minimum Flows for the freshwater segment pursuant to paragraph 120.54(3)(d), Florida Statutes. The public hearing had been continued until the January 2008 Governing Board meeting in anticipation that the peer review report would be presented to the Board at the same time.

The proposed Minimum Flows for the estuarine portion of the River are now undergoing peer review. It is expected that the peer review report will be presented to the Board in February 2008.

Staff Recommendation:

Continue the public hearing requested by Tampa Bay Water on the proposed Minimum Flows for the freshwater segment of the Alafia River to the February 2008 Board meeting in anticipation that the peer review report will be presented to the Board at that time and the public hearing can be conducted coincident with that presentation.

Presenter: Martin H. Kelly, Ph.D., Manager, Resource Projects Department

116 Item 28

Consent Agenda January 29, 2008

Finance and Administration Committee

Board Travel

District policy states that in accordance with Chapters 112 and 373, Florida Statutes, travel expenses may be incurred for official District business or for a public purpose beneficial to the District. Travel to any conference or convention requires prior approval.

Within the geographic boundaries of the District, Governing Board members may incur travel expenses to attend Governing and Basin Board meetings or for other purposes beneficial to the District, excluding conferences and conventions. Scheduled travel for Governing Board members outside the District or to attend conferences or conventions requires prior approval through the consent agenda of a regular monthly Governing Board meeting. Non-scheduled travel outside the District or to attend any conference or convention requires prior approval of the Governing Board Chair, or in her absence, the Vice Chair.

As of January 16, 2008, no travel is planned for outside the geographic boundaries of the District.

Staff Recommendation:

No action required at this time.

Presenter: Lou Kavouras, Deputy Executive Director

117 Item 29

Consent Agenda January 29, 2008

Finance and Administration Committee

Budget Transfer Report

Purpose Request approval of the Budget Transfer Report covering all budget transfers made during the month of December 2007.

Background In accordance with Board Policy No. 130-8, all transfers approved by the Basins, Executive Director and Finance Director under delegated authority are regularly presented to the Finance and Administration Committee for approval on the Consent Agenda at the next scheduled meeting. The exhibit for this item reflects all such transfers executed since the date of the last report for the Committee's approval.

Staff Recommendation: See Exhibit

Request approval of the Budget Transfer Report covering all budget transfers for December 2007.

Presenter: Linda R. Pilcher, Assistant Director, Finance Department

118 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Budget Transfer Report December 2007 --- TRANSFERRED FROM ------TRANSFERRED TO --- Item Department / Department / Transfer No. Expenditure Category Expenditure Category Reason For Transfer Amount Basin Board Approved Peace River Basin: 1 3Resource Conservation & Data 3Resource Conservation & Data Transfer of budgeted funds to the appropriate project code for the FARMS Lally Mix Farms, $ 56,250 8107 Grant - Agriculture 8107 Grant - Agriculture LLP project.

2 3Resource Conservation & Data 3Resource Conservation & Data Transfer of budgeted funds to the appropriate project code for the FARMS Lake Placid 2,257 8107 Grant - Agriculture 8107 Grant - Agriculture Grove Phase 1A project.

3 3Resource Conservation & Data 3Resource Conservation & Data Transfer of budgeted funds to the appropriate project code for the FARMS Camp Mack 37,196 8107 Grant - Agriculture 8107 Grant - Agriculture Grove project.

4 3Resource Conservation & Data 3Resource Conservation & Data Transfer of budgeted funds to the appropriate project code for the FARMS Citrus Creek 6,702 8107 Grant - Agriculture 8107 Grant - Agriculture Grove, LLC project.

Total Basin Board Approved $ 102,405 Executive Director Approved General Fund: 1 5Resource Management 5Resource Management Transfer of funds originally budgeted for support of collection and distribution of one-foot $ 17,500 119 3413 Photogrammetry 3401 Other Contractual Services digital orthophotos. Expenditures were less than anticipated. The funds were needed to migrate historical water quality data into the proper format so it is compatible with the Water Management Information System (WMIS).

2 0Office of General Counsel 0Community & Legislative Affairs Transfer of funds originally budgeted for outside legal expertise for testimony or analysis 45,000 3111 Consultant Services 3401 Other Contractual Services before and during litigation. Expenditures were less than anticipated. The funds were needed to sponsor the Tampa Bay Partnership's One Bay Initiative which will educate the community about regional visioning and smart growth.

3 3Resource Conservation & Data 3Resource Conservation & Data Transfer of funds originally budgeted for financial assistance to agricultural well owners to 30,000 8101 Grant - Financial Assistance 3111 Consultant Services rehabilitate wells with poor water quality that contribute to impairment in area surface waters Expenditures were less than anticipated. The funds were needed to promote the Well Back- Plugging Program within the agricultural community.

4 4Regulation Performance Management 4Regulation Performance Management Transfer of funds originally budgeted for office supplies, photography supplies, non- 1,650 5101 Office Supplies 3401 Other Contractual Services capitalized equipment, and books and subscriptions. Expenditures were less than 5205 Photography Supplies anticipated. The funds were needed for outsourced staffing to assist the Administrative 5221 Equipment - Non-Capital Outlay Records and Review section. 5401 Books, Subscriptions and Data

5 5Resource Management 5Resource Management Transfer of funds originally budgeted for Tampa Bay restoration, not yet assigned to specific 30,000 3431 Contracted Construction 8101 Grant - Financial Assistance project. The funds were needed for contracted construction for the Rivergarden Shoreline Restoration project. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Budget Transfer Report December 2007 --- TRANSFERRED FROM ------TRANSFERRED TO --- Item Department / Department / Transfer No. Expenditure Category Expenditure Category Reason For Transfer Amount Alafia River Basin: 6 3Resource Conservation & Data 3Resource Conservation & Data Transfer of budgeted funds to the appropriate project code for the FARMS Berry Bay Farms 8,325 8107 Grant - Agriculture 8107 Grant - Agriculture at Jay Mar, Inc. project. Item was on agenda for Alafia River Basin Board meeting in December 2007. Meeting was cancelled. Budget transfer is on the consent agenda for approval in February 2008.

Total Executive Director Approved $ 132,475 Finance Director Approved 1 5Resource Management 0General Services Transfer of budgeted funds to the appropriate department and expenditure category for $ 19,920 3111 Consultant Services 4702 Micro/Digital Imaging Service scanning of soil surveys related to the Maintenance of Watershed Parameters & Models project.

2 5Resource Management 5Resource Management Transfer of budgeted funds to the appropriate section for soil sampling services for the BMP 120,883 3111 Consultant Services 3111 Consultant Services evaluation phase of the Plant City - McIntosh Park Water Quality/Wetland Enhancement project.

3 4Regulation Performance Management 5Resource Management Transfer of budgeted funds to the appropriate department and project code for wetland 51,628

120 3431 Contracted Construction 3111 Consultant Services habitat improvements for the Florida Department of Transportation (FDOT) Hampton Tract project.

4 4Regulation Performance Management 5Resource Management Transfer of budgeted funds to the appropriate department and project code for quarterly 6,165 3431 Contracted Construction 3431 Contracted Construction maintenance activities on freshwater wetlands for the FDOT Cockroach Bay - Freshwater project.

5 0Office of Inspector General 0Planning Transfer of budgeted funds to the appropriate department for change management, 5,708 3111 Consultant Services 3111 Consultant Services facilitation, training, and coaching services provided by the University of Florida to be used in conjunction with strategic planning efforts.

6 4Regulation Performance Management 6Operations Transfer of budgeted funds to the appropriate department and project code for construction 99,019 3431 Contracted Construction 1201 Regular Salaries and Wages related activities for the FDOT Serenova Preserve project. 4404 Rental of Other Equipment 4405 Central Garage Charges 4907 Landfill and Disposal Fees 5201 Parts and Supplies 5207 District Land Maint Materials

Total Finance Director Approved $ 303,323

Total Transfers for Governing Board Approval$ 538,203

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 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 30

Finance and Administration Committee January 29, 2008

Consent Item

Planned Sinking Fund Transfer for Service Office Business Continuity Servers and Storage Area Networks

Purpose Request the transfer of $356,500 from the Computer Renewal and Replacement Sinking Fund to the Information Resources Department (IRD) budget for the planned replacement of servers and the addition of a Storage Area Network (SAN) to the Bartow, Sarasota and Tampa Service Offices and new server in Brooksville to provide backup for the new Service Office servers. These business continuity initiatives are included in the Governing Board approved IRD Five- Year Technology Plan, FY2008–FY2012, and are being coordinated with the District's Business Continuity Authority.

Background The complexity of the District's information technology is rapidly increasing. IRD has the responsibility to ensure all systems work together and that the District gets the best in system availability and resilience to failure. Over the past several years, the District and IRD have addressed disaster recovery problems to ensure the continuing operation of systems that support critical District business processes. Much of the District-wide effort was focused on information resources and computer systems. Now, the effort must move to mission-oriented business continuity planning to ensure that the District will remain able to perform its essential functions in the event of a disruption to normal business activities. To achieve these objectives, funds were indentified in the FY2008 Computer Renewal and Replacement Sinking Fund to add new servers and local SANs to the Bartow, Sarasota and Tampa services offices and add a replication server in Brooksville in FY2008 as referenced in the IRD Five-Year Technology Plan, FY2008–FY2012.

Benefits/Cost The new servers and SAN will give each Service Office the ability to prepare for and respond to a disaster with architecture that stresses business continuity and business recovery. The Service Office and Brooksville servers, related Service Office SANs, including three-year warranty and software require an investment of $356,500 from the FY2008 Computer Renewal and Replacement Sinking Fund

Impact If Not Funded Without the planned servers and SAN in each Service Office replicated to the Brooksville server, the Service Offices would not have the business resiliency required for disaster recovery. The planned, long-term system architecture and business continuity goals as addressed in the IRD Five-Year Technology Plan, FY2008 – FY2012 will not be met.

Staff Recommendation:

Authorize a transfer of $356,500 from the FY2008 Computer Renewal and Replacement Sinking Fund to the Information Resources Department for new servers in the Service Offices and a new replication server in Brooksville.

Presenters: Terry Redman, Director, Information Resources Department Charles L. Gausche, Ph.D., Enterprise Architecture Manager Jim Lewis, Enterprise Infrastructure Manager

121 Item 31

Consent Agenda January 29, 2008

General Counsel’s Report

Consent Order – Surface Water Activity – Seventeenth Avenue Ybor City, LLC (Las Ybor Condominiums) – Hillsborough County

On July 18, 2005, the District received an Environmental Resource Permit (ERP) application from Seventeenth Avenue Ybor City, LLC for the construction of a surface water management system to serve a condominium development known as Las Ybor Condominiums. On June 23, 2006, District staff received a telephone call from the contractor for the project inquiring as to the status of the ERP application. During the telephone conversation the contractor indicated that construction on the project was almost complete. On June 26, 2006, District staff conducted a site inspection and observed that the condominium building and a portion of the parking lot had been constructed. At a subsequent site inspection on June 28, 2006, District staff determined that approximately 0.14 acres had been graded and 0.13 acres covered in impervious materials. No erosion or sediment control measures were in place at the project site at the time of the site inspections.

A Notice of Unauthorized Construction was issued on June 26, 2006. On October 24, 2007, a proposed Consent Order was issued which assessed penalties of $3,510 and costs of $2,400 for a total of $5,910.00, as follows:

• $500 – for water quality degradation within the penalty matrix range of $250 - $2,499 for potential discharges to wetlands or surface waters; • $975 – for the covering of 0.13 acres with impervious surface assessed at $7,500 per acre; • $280 – for the grading of 0.14 acres assessed at $2,000 per acre; • $1,755 – 100% enhancement for willful violation; and, • $2,400 – the standard cost assessment for unauthorized construction, plus one additional site visit.

Seventeenth Avenue Ybor City, LLC responded to the proposed Consent Order on November 5, 2007, and argued that the penalty should be reduced since it believed that the contractor had obtained the permit prior to starting construction. In this case because it does appear that there was miscommunication between the contractor and Seventeenth Avenue Ybor City, LLC, the District staff was willing to reduce the aggravating factor for a willful violation from 100% to 50%. Accordingly, District staff proposed a revised penalty of $2,633, which includes a reduced enhancement for willful violation from $1,755 to $878, and cost assessment of $2,400, for a total of $5,033.

A signed consent order has been received.

Staff Recommendation:

Approve the proposed Consent Order and authorize the initiation of litigation against Seventeenth Avenue Ybor City, LLC to obtain compliance with the Consent Order.

Presenter: Adrienne E. Vining, Staff Attorney

122 Item 32

Consent Agenda January 29, 2008

General Counsel’s Report

Initiation of Litigation – Surface Water Activity – Lexington Homes, Inc. (North Green Estates) – Hillsborough County

On November 14, 2005, the District received an Environmental Resource Permit (ERP) application from Lexington Homes, Inc. for the construction of a surface water management system to serve a residential development known as North Green Estates. On June 30, 2006, District staff reported that unauthorized construction activities were occurring at the project site. Three roads had been constructed and paved totaling approximately 0.17 miles in length. Construction had been completed on nine homes. All of these construction activities resulted in approximately 1.24 acres covered in impervious materials at the project site. No erosion or sediment control measures had been put in place at the project site. An ERP had not been issued authorizing construction activities at the project site at the time District staff discovered the paved roads and completed homes. Subsequently, on November 7, 2007, the District issued ERP No. 44031217.000 authorizing the construction of a surface water management system to serve North Green Estates.

A Notice of Unauthorized Construction was issued on July 3, 2006. On October 22, 2007, District staff issued a Notice of Violation and proposed Consent Order to Lexington Homes, Inc. to address the unauthorized construction activities. The proposed Consent Order required that an ERP be obtained and assessed penalties and costs totaling $26,600 as follows:

• $1,500 – for potential water quality impacts within the penalty matrix range of $250 - $2,499; • $1,500 – for potential water quantity impacts within the penalty matrix range of $250 - $2,499; • $9,300 – for the covering of 1.24 acres with impervious surface assessed at $7,500 per acre; • $12,300 – 100% enhancement for willful violation; and, • $2,000 – the standard cost assessment for unauthorized construction.

On October 31, 2007, Lexington Homes, Inc. requested an additional 21 days to review information in order to respond to the proposed Consent Order, as well as information regarding how the fines were derived. On November 2, 2007, District staff granted Lexington Homes, Inc. the 21-day time extension, and provided the penalty matrix utilized by staff to derive the proposed penalty. As of the date of preparation of this recap, no further response or counter offer has been received from Lexington Homes, Inc.

Staff Recommendation:

Authorize the initiation of litigation against Lexington Homes, Inc. and any other appropriate parties to obtain compliance, a monetary penalty, and recovery of District enforcement costs, court costs, and attorney’s fees.

Presenter: Adrienne E. Vining, Staff Attorney

123 Item 33

Consent Agenda January 29, 2008

General Counsel’s Report

Initiation of Litigation – Surface Water Activity – Lexington Homes, Inc. (South Green Estates) – Hillsborough County

On June 13, 2006, the District received an Environmental Resource Permit (ERP) application from Lexington Homes, Inc. for the construction of a surface water management system to serve a residential development known as South Green Estates. On June 27, 2006, District staff reported that unauthorized construction activities were occurring at the project site. Four access roads had been paved totaling approximately 0.28 miles in length, resulting in 0.70 acres covered in impervious materials. An ERP had not been issued authorizing construction activities at the time that District staff discovered the paved access roads. Subsequently, on October 4, 2007, the District issued ERP No. 44031225.000 authorizing the construction of a surface water management system to serve South Green Estates.

A Notice of Unauthorized Construction was issued on June 30, 2006. On October 22, 2007, District staff issued a Notice of Violation and proposed Consent Order to Lexington Homes, Inc. to address the unauthorized construction activities. The proposed Consent Order assessed penalties and costs totaling $18,500 as follows:

• $1,500 – for potential water quality impacts within the penalty matrix range of $250 - $2,499; • $1,500 – for potential water quantity impacts within the penalty matrix range of $250 - $2,499; • $5,250 – for the covering of 0.7 acres with impervious surface assessed at $7,500 per acre; • $8,250 – 100% enhancement for willful violation; and, • $2,000 – the standard cost assessment for unauthorized construction.

Staff Recommendation:

Presenter: Adrienne E. Vining, Staff Attorney

124 Item 34

Consent Agenda January 29, 2008

General Counsel’s Report

Initiation of Litigation – Surface Water Activity – Macklin Transport Company – Highlands County

On December 20, 2006, District staff received a complaint concerning possible unauthorized construction activities on two contiguous parcels of property located in Highlands County (the Property) owned by Macklin Transport Company (Owner). On December 20, 2006, District staff conducted a complaint investigation at the Property and observed the recent construction of an approximately 2400 square foot building, the installation of approximately 0.2 acres of shell rock driveway and parking area, and fill placed in preparation of construction of additional concrete parking and drive areas. Additionally, no turbidity and erosion controls were in place. No ERP had been issued to authorize the construction of a surface water management system for the Property. On February 26, 2007, District staff sent Owner a Notice of Unauthorized Construction advising it to obtain an ERP.

On May 7, 2007, District staff sent Owner a Notice of Violation and proposed Consent Order to resolve the matter. The proposed Consent Order required Owner to obtain an ERP and proposed penalties and costs of $5,150.00 as follows:

• $250.00 for water quality degradation within the penalty matrix range of $250.00 - $2,499.00 for such violations; • $500.00 for potential water quantity impacts within the penalty matrix range of $250.00 - $2,499.00 for such violations; • $2,400.00 for covering .32 acres with impervious assessed at $7,500.00 per acre; • $2,000.00 in standard District enforcement costs.

On June 29, 2007, an attorney for Owner informed the District of Owner's intent to apply for an ERP. Owner did apply for an ERP and an ERP was issued on August 24, 2007, but as of the preparation of this recap a signed Consent Order has not been received.

Staff Recommendation:

Authorize the initiation of litigation against Macklin Transport Company and any other appropriate parties, to obtain compliance, a monetary penalty and recovery of District enforcement costs, litigation costs and attorney’s fees.

Presenter: Carrie N. Felice, Staff Attorney

125 Item 35

Consent Agenda January 29, 2008

General Counsel’s Report

Consent Order – WUP Nos. 20001782.003/.004 – Spencer Farms, Inc. (Stephens Road Farm) – Hillsborough County

On January 1, 2003, the District issued Water Use Permit (WUP) No. 20001782.003 (.003 Permit) to Spencer Farms, Inc. (Permittee) authorizing withdrawals of 235,800 gallons per day (gpd) on an annual average basis and 778,000 gpd on a peak monthly basis for agricultural use at the Permittee's Stephens Road Farm in Hillsborough County.

On November 13, 2006, District staff issued Permittee a Notice of Non-Compliance advising that the annual average quantity withdrawn for the 12-month period ending September 30, 2006 was 602,959 gpd, approximately 155.7% in excess of the permitted quantity.

On January 25, 2007, the District issued a modification of the .003 Permit by letter, WUP No. 20001782.004 (.004 Permit), correcting the annual average quantity authorized by the District from 235,800 gpd to 274,700 gpd, and the peak monthly quantity from 778,000 gpd to 612,000 gpd.

From the issuance of the Notice of Non-Compliance to date, the withdrawals by the Permittee have continued to exceed the permitted quantity. Accordingly, in an attempt to resolve this matter, on October 31, 2007, the District mailed a proposed Consent Order to Permittee calling for the payment of $70,026.56 in penalties and costs, which includes the following:

• $68,026.56 for the overpumpage of permitted quantities pursuant to the overpumpage formula; and, • $2,000.00 in District enforcement costs.

The Permittee responded to the proposed Consent Order on November 13, 2007, and stated that the Permittee has changed lessees on the property subject to the .004 Permit and that the new lessee is utilizing a more efficient irrigation method that should result in a decrease in water usage. In addition, the Permittee is planning to transfer quantities from another WUP that the Permittee holds to the .004 Permit to account for any overpumpage remaining beyond what will be addressed by the new lessee's irrigation method. The Permittee requests that the District take this into account and reduce the penalty accordingly.

Because the Permittee had indicated that it would relocate quantities from another WUP it holds to the .004 Permit, the District staff was willing to consider the quantities to be relocated along with the quantities authorized by the .004 Permit in the calculation of the proposed penalty. Accordingly, District staff issued a revised proposed Consent Order, mailed to the Permittee on December 21, 2007, which provided for the payment of $15,621.49 in penalties and costs, which includes the following:

• $13,621.49 for the overpumpage of permitted quantities pursuant to the overpumpage formula; and, • $2,000.00 in District enforcement costs.

The Permittee has indicated by phone to District staff that it intends to execute the revised proposed Consent Order, but as of the date of preparation of this recap a signed Consent Order

126 Item 35 has not been received. District staff anticipates that a signed Consent Order will be received by the date of the Governing Board meeting.

Staff Recommendation:

Approve the proposed Consent Order and authorize the initiation of litigation against Spencer Farms, Inc. to obtain compliance with the Consent Order.

Presenter: Adrienne E. Vining, Staff Attorney

127 Item 36

Consent Agenda January 29, 2008

General Counsel’s Report

Initiation of Litigation - Well Construction – License No. 9159 - Monroe Butler – Hillsborough County

On December 2, 2004, the District issued Well Construction Permit No. 710445.01 to Monroe Butler authorizing the construction of one 4-inch diameter domestic supply well at 12206 Creek Edge Drive, Riverview in Hillsborough County. On January 30, 2007, District staff received a complaint that the well was pumping sediments and was unusable. The completion report for the well, which was filed on March 18, 2005, indicated the presence of clay below the casing. On February 2, 2007, District staff confirmed the presence of clay below the casing with a geophysical logging of the well. District staff's investigation indicated that all caving zones below the uppermost consolidated formation within the well were not cased, lined, or screened, as required by District rules.

The District issued a Notice of Violation to Mr. Butler on June 22, 2007, for the above described violation. On August 7, 2007, Mr. Butler's lawyer responded to the Notice of Violation and stated that Mr. Butler objects to the District's conclusion that he did not properly case, line, or screen the well in question. Mr. Butler also requested a meeting with the District staff to discuss the violation. District staff met with Mr. Butler and his attorney on August 21, 2007. Subsequent to that meeting, on September 24, 2007, a proposed Consent Order was issued. The Consent Order assessed penalties in accordance with the Water Well Contractor Disciplinary Guidelines and Procedures Manual, October 2002 and the Florida Unified Citations Dictionary for Water Well Construction, October 2002 as follows:

● $500 for failing to case, line, or screen all caving zones within a water well; and ● Five (5) points against Mr. Butler's Well Contractor License.

As of the date of the preparation of this recap no response to the proposed Consent Order has been received; consequently, authorization to initiate litigation is being requested. If approved, an Administrative Complaint and Order will be issued to address the violations.

Staff Recommendation:

Authorize the initiation of litigation against Mr. Butler to take disciplinary action against his license, recover an administrative fine/civil penalty, and recover District enforcement costs, court costs and attorney’s fees.

Presenter: Adrienne E. Vining, Staff Attorney

128 Item 37

Consent Agenda January 29, 2008

General Counsel’s Report

Initiation of Litigation - Well Construction – License No. 9201 – Wayne Wygant – Hillsborough County

On January 30, 2007, District staff received a complaint that four 4-inch diameter domestic supply wells were pumping sediments and were unusable. The wells were located at 12431 Creek Edge Drive, 12417 Creek Edge Drive, 14224 Creek Run Drive, and 12427 Creek Edge Drive, in Riverview in Hillsborough County. The District issued the following Well Construction Permits (WCPs) to Wayne Wygant, with each authorizing the construction of one domestic supply well at the stated location on the stated date: WCP No. 723672.01 on August 3, 2005, for 12431 Creek Edge Drive; WCP No. 714762.01 on February 25, 2005, for 12417 Creek Edge Drive; WCP No. 722437.01 on July 11, 2005, for 14224 Creek Run Drive; and, WCP No. 723671.01 on August 3, 2005, for 12427 Creek Edge Drive.

The completion reports for all four wells indicated the presence of clay below the casing. On February 2, 2007, District staff confirmed the presence of clay below the casing in all four wells with a geophysical logging of the wells. District staff's investigation indicated that all caving zones below the uppermost consolidated formation within the wells were not cased, lined, or screened, as required by District rules. In addition, the completion report filed for WCP No. 722437.01 (14224 Creek Run Drive) indicates that the depth of the well is 160 feet, while the logging of the well done by District staff on February 2, 2007, indicates that the well is 104.10 feet. The failure to file an accurate completion report is a violation of District rules.

The District issued a Notice of Violation to Mr. Wyant on June 25, 2007, for the above described violations. On August 7, 2007, Mr. Wygant's lawyer responded to the Notice of Violation and stated that Mr. Wygant objects to the District's conclusion that he did not properly case, line, or screen the wells in question. Mr. Wygant also requested a meeting with the District staff to discuss the violation. District staff met with Mr. Wygant and his attorney on August 21, 2007. Subsequent to that meeting, on September 24, 2007, a proposed Consent Order was issued. The Consent Order assessed penalties in accordance with the Water Well Contractor Disciplinary Guidelines and Procedures Manual, October 2002 and the Florida Unified Citations Dictionary for Water Well Construction, October 2002 as follows:

• $2,000 for failing to case, line, or screen all caving zones within a water well (4 violations assessed at $500 per violation); • $250 for failing to file an accurate completion report; and, • Twenty-two and a half (22.5) points against Mr. Wygant's Well Contractor License.

Staff Recommendation:

Authorize the initiation of litigation against Mr. Wygant to take disciplinary action against his license, recover an administrative fine/civil penalty, and recover District enforcement costs, court costs and attorney’s fees.

Presenter: Adrienne E. Vining, Staff Attorney

129 Item 38

Consent Agenda January 29, 2008

Executive Director’s Report

Approval of Minutes – December 18, 2007 Governing Board Meeting

Staff Recommendation: See Exhibit

Approve the minutes as presented.

Presenter: David L. Moore, Executive Director

130

MINUTES OF THE MEETING

Governing Board Southwest Florida Water Management District

Brooksville, Florida December 18, 2007

The Governing Board of the Southwest Florida Water Management District (SWFWMD) met at 9:07 a.m. on December 18, 2007, at Brooksville headquarters. The following persons were present:

Board Members Present Staff Members Present Judith C. Whitehead, Chair David L. Moore, Executive Director Neil Combee, Vice Chair William S. Bilenky, General Counsel Todd Pressman, Secretary Lou Kavouras, Deputy Executive Director Jennifer E. Closshey, Treasurer Richard S. Owen, Deputy Executive Director Thomas G. Dabney, Member Eugene A. Schiller, Deputy Executive Director Patricia M. Glass, Member Bruce C. Wirth, Deputy Executive Director Patsy C. Symons, Member Heidi B. McCree, Member Recording Secretary Ronald E. Oakley, Member Annette D. Zielinski, Senior Admin. Assistant Sallie Parks, Member

Board Members Absent Maritza Rovira-Forino, Member

A list of others present who signed the attendance roster is filed in the permanent files of the District. Approved minutes from previous meetings can be found on the District's Web site (www.WaterMatters.org).

Public Hearing

1. Call to Order Chair Whitehead called the meeting to order and opened the public hearing. Mr. Pressman noted a quorum was present.

2. Pledge of Allegiance and Invocation Chair Whitehead led the Pledge of Allegiance to the Flag of the United States of America. Mr. Bilenky offered the invocation. (CD 1/Track 01 – 00:00/01:36)

Public Hearing Chair Whitehead noted that this Governing Board meeting was not being broadcast. Public input was only taken during the meeting onsite. The Governing Board’s meeting was recorded for broadcast on government access channels.

Chair Whitehead stated that 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. To assure that all participants have an opportunity to speak, a member of the public may submit a speaker’s card to comment on one agenda item only during today's meeting. If additional time is needed or if the speaker wishes to address the Board on an issue not on today's agenda, a speaker’s card may be submitted for comment at the end of the meeting during "Public Input." Chair Whitehead stated that comments would be limited to three minutes per speaker, and, when appropriate, exceptions to the three-minute limit may be granted by the Chair. She also requested that several individuals wishing to speak on the same issue/topic designate a spokesperson.

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3. Additions/Deletions to Agenda According to Section 120.525(2), Florida Statutes, additions or deletions to the published agenda will only be made for "good cause" as determined by the "person designated to preside." Mr. Moore noted the items deleted from the agenda were deleted after publication of the regular agenda. (CD 1/Track 02 – 00:00/02:28)

Outreach and Planning Committee The following item was deleted from consideration: 72. Florida Department of Environmental Protection Surface Water Quality Classification System

4. District Recognition – Award from North American Lake Management Society for Research Related to Minimum Flows and Levels Martin H. Kelly, Ph.D., Interim Director, Resource Conservation and Development Department, said the North American Lake Management Society (NALMS) recognized the St. Johns River and the Southwest Florida Water Management Districts by awarding them a Technical Merit Award for Research related to the development of minimum flows and levels. The award was presented at the NALMS Annual Conference which was held in Orlando this year. This item was presented for the Board’s information, and no action was required. (CD 1/Track 03 – 00:00/03:36)

5. Employee Recognition Mr. Moore made presentations to the Board for the employees who had achieved milestones of 20 years or greater to specially acknowledge and commend the contributions of these individuals. The following individuals celebrated 20-year milestones: Mr. Ramzi Chehaib, Senior Professional Engineer, Tampa Regulation; Mr. Dave Dunnett, Senior Field Technician, Operations; Martin H. Kelly, Ph.D., Interim Director, Resource Conservation and Development; Mr. Jim Lewis, Enterprise Infrastructure Manager, Information Resources; Mr. Will Miller, Land Use and Protection Manager, Land Resources; Mr. Phillip Rhinesmith, Senior Environmental Scientist, Resource Projects Department, and Mr. Steve Dicks, Mapping and GIS Manager, Resource Management.

The following individual celebrated her 30-year milestone: Ms. Charlotte Davis, Administrative Supervisor, Brooksville Regulation.

Mr. Dan Dewitt, Surveyor Coordinator, Land Resources Department, will be retiring December 27, 2007, with an amazing 39 years of experience.

Mr. Paul Williams was recognized for his promotion to the position of Water Use Regulation Manager, Brooksville Regulation. (CD 1/Track 03 – 00:00/17:18)

6. Public Input for Issues Not Listed on the Published Agenda Dr. Octavio Blanco, resident of Lutz, Florida, addressed the Governing Board regarding his concerns about water shortages. There never has been record lows for some of the lakes in the months of November, December, or January, until now. This indicates to him that more lakes will reach record lows as the dry season approaches and he hopes the Governing Board will enact tougher watering restrictions. Dr. Blanco also said he received a letter from his homeowners association encouraging him to water and/or replace his browning lawn. He encouraged the District to work with the Legislature on tougher enforcement of conservation measures during drought periods. (CD 1/Track 04 – 00:00/04:10)

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Consent Agenda Items 25 and 38 were moved to the respective committees for discussion purposes.

Regulation Committee -- Environmental Resource Permits 7. ERP No. 43032695.000 - The Preserve at Charlotte Harbor – Charlotte County 8. ERP No. 43033161.000 - Jack’s Branch Subdivision – Charlotte County 9. ERP No. 46031947.000 - Drew Park Townhomes (DENIAL) – Hillsborough County 10. ERP No. 43030040.000 - Estuary Golf Estates – Manatee County 11. ERP No. 43023781.018 - Concord Station Sunlake Boulevard North of Mentmore – Pasco County 12. ERP No. 43023781.022 - Concord Station Sunlake Boulevard from SR 54 to Mentmore Boulevard – Pasco County 13. ERP No. 43028022.001 - Legacy Hills – Pasco County 14. ERP No. 43029915.002 - McAlpin Excavation – Pinellas County 15. ERP No. 49000887.089 - Trammell Crow Residential at Lakeside Village – Polk County 16. ERP No. 43027132.001 - Hunterfield Wetland Mitigation Relocation – Polk County 17. ERP No. 49028690.001 - Lakeland Central Park - Conceptual – Polk County 18. ERP No. 49028690.002 - Lakeland Central Park – Polk County 19. ERP No. 49029630.002 - The Meadows – Polk County 20. ERP No. 43030664.000 - Loughman Crossing at County Road 54 – Polk County 21. ERP No. 43031157.000 - Waterside East – Sarasota County 22. ERP No. 43032133.001 - Cocoplum Village Shops – Sarasota County Regulation Committee -- Water Use Permits 23. WUP No. 20000985.007 - Balm Farm/Diehl Family Limited Partnership and Belmont, LLC – Hillsborough County 24. WUP No. 20001415.009 - Plant City Phosphate Complex/C.F. Industries, Inc. – Hillsborough County 25. WUP No. 20007345.005 - Mosaic Fertilizer, LLC and Manatee County – Manatee County (moved to Regulation Committee Discussion Items) 26. WUP No. 20011440.002 - Bear Bay East/John Falkner – Manatee County Regulation Committee -- Other 27. Final Approval of Changes to the Proposed Amendments to 40D-2.091, 40D-2.321, and 40D-2.801(3)(c), Florida Administrative Code (F.A.C.), and Part B Basis of Review of the Water Use Permit Information Manual to Establish the Central Florida Coordination Area and to Provide Regulations for the Area Staff recommended to approve the changes shown in the exhibit to the proposed 40D-2.091, 40D-2.321 and 40D-2.801(3)(c), Florida Administrative Code, and Part B, Basis of Review, of the Water Use Permit Information Manual to establish the Central Florida Coordination Area and to provide regulations for the Area. 28. Electrical Power Plant Site Certification – SWFWMD Agency Report on Progress Energy Florida's Crystal River Nuclear Unit 3 Uprating – Citrus County Staff recommended to approve the Agency Report and proposed conditions of certification to be submitted to the Department of Environmental Protection for Progress Energy Florida's Crystal River Nuclear Unit 3 Uprating. 29. Electrical Transmission Line Certification – SWFWMD Agency Report on Tampa Electric Company's Willow Oak-Wheeler-Davis Transmission Line – Hillsborough and Polk Counties Staff recommended to approve the Agency Report and proposed conditions of certification to be submitted to the Department of Environmental Protection for Tampa Electric Company's Willow Oak – Wheeler – Davis Transmission Line. Resource Management and Development Committee 30. Five-Year Water Resource Development Work Program Staff recommended to approve the proposed revisions to the Work Program to be included in the 2008 Consolidated Report.

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31. Resolution Requesting Encumbrance of Funds within the Water Management Lands Trust Fund for Lake Hancock Preacquisition Costs Staff recommended to approve the resolution requesting the encumbrance of $16,465,610 within the Water Management Lands Trust Fund for Lake Hancock preacquisition costs. 32. Interlocal Agreement with Pasco County, Appraisals, Purchase/Sale Agreement and Resolution Requesting Funds – Weekiwachee Preserve, SWF Parcel No. 15-773-143 Staff recommended to (1) authorize execution of an Interlocal Agreement with Pasco County; (2) accept the appraisals; (3) reimburse Pasco County 50 percent of the land cost and 50 percent of the direct land acquisition costs; (4) authorize the Land Resources Director to execute a management agreement with Pasco County and any amendments thereto; (5) approve the resolution requesting funds; and (6) designate the parcel as having been acquired for conservation purposes. 33. Utility Easement to the DeSoto County Utilities Department – RV Griffin Reserve, SWF Parcel No. 20-223-127X Staff recommended to approve conveyance of a permanent utility easement and a temporary construction easement to DeSoto County, SWF Parcel No. 20-223-127X. 34. Facilitating Agricultural Resource Management Systems (FARMS) Program a. Citrus Creek Grove, LLC – Charlotte County Staff recommended to (1) approve the Citrus Creek Grove, LLC FARMS Project for a not-to-exceed project reimbursement of $8,936, with $2,234 provided by the Peace River Basin, $2,234 provided by the Governing Board, and $4,468 provided from State Appropriations; (2) authorize the transfer of $2,234 from fund 010 H017 Peace River Basin FARMS funds, $2,234 from fund 010 H017 Governing Board FARMS funds, and $4,468 from the 2007 State Appropriations allocated to fund 20 H017 FARMS funds, to the H548 Citrus Creek Grove, LLC FARMS project fund; and (3) authorize the Executive Director to execute the agreement. b. Walters Grove – Charlotte County Staff recommended to (1) approve the Walters Grove FARMS Project for a not-to- exceed project reimbursement of $2,000 with $500 provided by the Peace River Basin, $500 provided by the Governing Board, and $1,000 provided from State Appropriations; (2) authorize the transfer of $500 from fund 020 H017 Peace River Basin FARMS funds, $500 from fund 010 H017 Governing Board FARMS funds, and $1,000 from the 2007 State Appropriations allocated to fund 020 H017 Peace River Basin State Appropriations, to H547 Walters Grove FARMS project fund; and (3) authorize the Executive Director to execute the agreement. c. Keystone Groves, LLC – DeSoto County Staff recommended to (1) approve the Keystone Groves, LLC FARMS Project for a not-to-exceed project reimbursement of $7,500 with $1,875 provided by the Peace River Basin, $1,875 provided by the Governing Board, and $3,750 provided from State Appropriations; (2) authorize the transfer of $1,875 from fund 020 H017 Peace River Basin FARMS funds, $1,875 from fund 010 H017 Governing Board FARMS funds, and $3,750 from the 2007 State Appropriations allocated to fund 020 H017 Peace River Basin State Appropriations, to H546 Keystone Groves, LLC FARMS project fund; and (3) authorize the Executive Director to execute the agreement. d. Twenty-Twenty Groves, Inc. – Hardee County Staff recommended to (1) approve the Twenty-Twenty Groves, Inc. FARMS Project for a not-to-exceed project reimbursement of $5,000 with $1,250 provided by the Peace River Basin, $1,250 provided by the Governing Board, and $2,500 provided from State Appropriations; (2) authorize the transfer of $1,250 from fund 020 H017 Peace River Basin FARMS funds, $1,250 from fund 010 H017 Governing Board FARMS funds, and $2,500 from the 2007 State Appropriations allocated to fund 020 H017 Peace River Basin State Appropriations, to H543 Twenty-Twenty Groves, Inc. FARMS project fund; and (3) authorize the Executive Director to execute the agreement. e. Hopewell Business Center, LLC – Hillsborough County Staff recommended to (1) approve the Hopewell Business Center, LLC FARMS Project for a not-to-exceed project reimbursement of $112,500, with $28,125 provided by the Alafia River Basin, $28,125 provided by the Governing Board, and $56,250 provided from State Appropriations; (2) authorize the transfer of $28,125 from fund 011

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H017 Alafia River Basin FARMS funds, $28,125 from fund 010 H017 Governing Board FARMS funds, and $56,250 from the 2005 State Appropriations allocated to fund 010 H017 FARMS funds, to H541 Hopewell Business Center, LLC FARMS project fund; and (3) authorize the Executive Director to execute the agreement. f. Spring Valley Tree Farm, Inc. – Hillsborough County Staff recommended to (1) approve the Spring Valley Tree Farm, Inc. FARMS Project for a not-to-exceed project reimbursement of $46,250 with $11,563 provided by the Hillsborough River Basin, $11,563 provided by the Governing Board, and $23,125 provided from State Appropriations; (2) authorize the transfer of $11,563 from fund 013 H017 Hillsborough River Basin FARMS funds, $11,563 from fund 010 H017 Governing Board FARMS funds, and $23,125 from the 2005 and 2008 State Appropriations allocated to fund 010 H017 Governing Board State Appropriations, to H544 Spring Valley Tree Farm, Inc. FARMS project fund; and (3) authorize the Executive Director to execute the agreement. g. McClure Properties, LTD – Manatee County Staff recommended to (1) approve the McClure Properties, LTD FARMS Project funding amendment for a not-to-exceed project reimbursement of $36,133, provided from State Appropriations; (2) authorize the transfer of $36,133 from the 2003 State Appropriations allocated to fund 021 H017 Manasota Basin State Appropriations to H503 McClure Properties, LTD FARMS project fund; and (3) authorize the Executive Director to execute the agreement. 35. Peace River Regional Reservoir Expansion and Peace River Facility Expansion Staff recommended to approve the second amendment to agreements with the Authority to (1) approve the transfer of $3,703,704 in FY2008 out-of-cycle funding from the WSRD Reserves for the Peace River Regional Reservoir Expansion (F032) project with the Governing Board's share being $1,851,852; (2) approve changes to both project budgets to reflect approval of the out-of-cycle funding, additional FY2008 WPSTF dollars and the increased project costs to be paid by the Authority; (3) extend the substantial completion date for both expansion projects from October 31, 2008 to October 31, 2009, and the final completion date for both projects from March 31, 2009 to March 31, 2010; and (4) authorize the Executive Director to execute the amendments. 36. Approve Initiation of Rulemaking to Amend Rules 40D-8.041, F.A.C., to Establish Minimum Flows for the Upper Hillsborough River and Crystal Springs Staff recommended to (1) accept the MFL report entitled, "Proposed Minimum Flows and Levels for the Upper Segment of the Hillsborough River, from Crystal Springs to Morris Bridge, and Crystal Springs," dated December 2007; (2) approve Initiation of Rulemaking to Amend Rules 40D-8.041, F.A.C., to Establish Minimum Flows for the Upper Hillsborough River; (3) approve Initiation of Rulemaking to Amend Rules 40D-8.041, F.A.C., to Establish Minimum Flows for Crystal Springs. 37. Approve Initiation of Rulemaking to Amend Rules 40D-8.041, F.A.C., to Establish Minimum Flows for the Braden River Staff recommended to (1) accept the MFL report entitled, "Proposed Minimum Flows and Levels for the Upper Segment of the Braden River, from Linger Lodge to Lorraine Road," dated December 2007; and (2) approve Initiation of Rulemaking to Amend Rules 40D-8.041, F.A.C. to Establish Minimum Flows for the Braden River. 38. Initiate Rulemaking to Amend 40D-8.624, F.A.C., to Add Minimum and Guidance Levels for Lakes Angelo, Denton, Placid, Tulane, and Verona in Highlands County; Lakes King, King-East, and Linda in Pasco County; and Crooked Lake in Polk County - This item was moved to the Committee Discussion Items agenda. 39. Continue Public Hearing Requested by James P. Gills, Trustee, on Proposed Minimum and Guidance Levels for Crews Lake in Pasco County Staff recommended to continue the public hearing requested by James P. Gills, Trustee, on the proposed Minimum and Guidance Levels for Crews Lake in Pasco County until the January 2008 Governing Board meeting. Finance and Administration Committee 40. Board Travel No action was required at this time.

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41. Budget Transfer Report Staff requested approval of the Budget Transfer Report covering all budget transfers for November 2007. General Counsel’s Report 42. Consent Order – ERP No. 44025778.003 – Cameron-Wingate Development, LLC Staff recommended to approve the proposed Consent Order and authorize the initiation of litigation against Cameron-Wingate Development, LLC to obtain compliance with the Consent Order. 43. Consent Order – Surface Water Activity - David R. Spiker, Pamela J. Spiker and AAA Top Quality Asphalt, L.L.C. – Polk County Staff recommended to approve the proposed Consent Order and authorize the initiation of litigation against David R. Spiker, Pamela J. Spiker, AAA Top Quality Asphalt, L.L.C. and any other appropriate parties to obtain compliance with the Consent Order. Executive Director’s Report 44. Approval of Minutes – November 26, 2007 Governing Board Meeting Staff recommended approval of the minutes as presented.

Following consideration, Mr. Dabney moved, seconded by Mr. Oakley, to approve the Consent Agenda as modified. Motion carried unanimously. (CD 1/Track 05 – 00:00/01:04)

Chair Whitehead relinquished the gavel to Regulation Committee Vice Chair Dabney.

Regulation Committee

Discussion Items 45. Consent Item(s) Moved for Discussion 25. WUP No. 20007345.005 - Mosaic Fertilizer, LLC and Manatee County – Manatee County This item was removed from the Consent Agenda for discussion. Ms. Closshey requested an overview of this permit. Mr. Ross Morton, Director, Sarasota Regulation, said this permit is a straight renewal that is not tied to any future plans of the power industry.

Staff recommended approving the permit as presented. Following consideration, Ms. Closshey moved, seconded by Mr. Combee, to approve the staff recommendation. Motion carried unanimously. (CD 1/Track 06 – 00:00/02:25)

46. Enhanced Public Supply Water Conservation Mr. Bobby Lue, P.E., Director, Brooksville Regulation Department, provided the Regulation Committee with a status report of the ongoing activities to develop rules to enhance public supply water conservation in the District. Topics covered included: Conservation achieved through regulation and non-regulatory initiatives; Enhanced public supply water conservation and Northern District strategies; and SWUCA public supply conservation requirements. Staff will continue to develop draft rules, conduct workshops, seek input from advisory committees and seek Board action in the spring of 2008. This item was presented for the Committee's information, and no action was required. (CD 1/Track 06 – 02:25/16:31)

47. Water Conserving Rate Structure Requirements, Programs and Implementation Mr. Greg Boettcher, Utilities Director, Polk County, presented the following topics to update the Governing Board on the County's programs to promote conservation: Water Resource Trends Over Time, Cost Drivers for Rate Changes, New Water Service Rates, and Rate Design that Promotes Conservation. Polk County will focus its efforts in the future on the following programs: residential Florida-Friendly landscaping, more efficient irrigation systems, incentive rewards for customers who are conserving, and promote compliance at all levels of use. This item was presented for the Committee’s information, and no action was required. (CD 1/Track 07 – 00:00/25:31)

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48. Water Shortage Rule – Variance Provisions for Local Plans Mr. Owen said this topic was raised during the November 26, 2007 joint workshop with Tampa Bay Water's Board of Directors. The Governing Board requested staff to provide a summary for its December meeting.

The current version of the District’s Water Shortage Plan (Rule 40D-21, F.A.C.) was a product of a multi-year, multi-rule revision process, including extensive public input, which concluded with the Board's approval of an updated plan in April 2006. The Plan includes a new Water Shortage Mitigation Plan (WSMP) mechanism that allows a regional water supply authority or local water supplier, under certain specified criteria, to request a variance or waiver from the District from provisions of the Plan in order to tailor water shortage responses to the authority's or local supplier's system's needs and characteristics. The District's intent in offering this WSMP provision (40D-21.441, F.A.C.) was to encourage local participation in the planning and implementation of appropriate water shortage responses. The rule provisions allow for a regional authority or local supplier to request such a variance to approve its WSMP in advance of any District- declared water shortage restrictions.

On September 25, 2007, the Governing Board approved staff's recommendation to authorize initiation of rulemaking to amend the WSMP and WSMP-related provisions of the Water Shortage Plan. The proposed amendments specifically include language to clarify that it is the District's intent to proactively authorize customized local action for future circumstances in which local action is appropriate through a WSMP, yet retain the right to impose District restrictions when needed, which may include modifying the actions otherwise specified in the WSMP.

This item was presented for the Committee’s information, and no action was required. (CD 1/Track 07 – 25:31/49:18)

49. Water Shortage Actions – Peace River/Manasota Regional Water Supply Authority and the Potential Need for Additional Conservation Actions Mr. Owen said ongoing drought conditions have resulted in critically low water storage levels for the Authority. The Governing Board approved the third modification to Water Shortage Order No. SWF 07-02, which extends water restrictions through June 30, 2008; in addition, staff has been pursuing activities to refine the drought communication plan.

Mr. Michael Molligan, Director, Communications Department, played coverage, which originally aired on Channel 8, regarding the drought. He said this was an excellent example of the type coverage the District seeks to properly educate the public. The coverage also promoted the "Skip A Week" campaign. The drought campaign update was reviewed and copies were handed out at the meeting. Ms. Symons stressed that in DeSoto County, where Channel 8 is not broadcast; she does not think residents are as aware as they should be about the drought. She asked that staff keep this in mind when reaching out to the public.

Mr. Molligan reported back to the Board regarding the possibility of purchasing signs that would advise the public about the severity of the current drought conditions and asking them to please conserve. He said he tried to gather information about signage use, like ones recently observed in Atlanta, Georgia, and found them to have been perceived with mixed reviews. Overall the feasibility of duplicating a similar effort within our District would be at nominal expense and effort. The purchase of 1,000 signs costs $3,000, and the Community and Legislative Affairs Department could help distribute the signs. Ms. Closshey suggested using the signs with an end in mind, for example, they could be used to saturate a neighborhood for a week and collected to pass on to another homeowner association.

Regulation Committee Vice Chair Dabney heard public comment at this time.

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Mr. Steve Lawrence, representing Charlotte County, reported on the conservation efforts underway since 2001. He said they have conservation tier water rates in place to increase the cost of water during drought periods. The County has hired a conservation coordinator to administer programs, a conservation guide program is being completed, they are expanding their reuse lines to add more customers, offering a toilet retrofit rebate program in conjunction with the District, distributing conservation water saving tips to 55,000 customers, targeting 1,700 customers whose average water use was 20,000 gallons per month or higher, leak detection program, rewriting stricter landscape ordinances, toughening their enforcement process, and so on. Charlotte County's efforts are paying off; they are not in favor of additional water restrictions from the Water Management District.

Mr. David Cash, General Manager of Operations, Sarasota County, said the County has had a long history of conservation. They have had conservation rate structures in place since 1992, several ordinances, and recently implemented the very successful Florida Yards and Neighborhoods Program. Sarasota County has recently tightened their enforcement practices and lowered their rates for reclaimed customers. They are posting their top 25 water users on the County's web site to encourage those users to conserve.

Mr. John Zimmerman, Manatee County Utilities, said the County has been practicing water conservation since 1984. Rebates are being offered to those water users who are using alternative sources or switching to water conserving landscapes. These programs are being offered in conjunction with the District. Manatee County is helping to promote the District's "Skip a Week" program.

Mr. Owen said in conclusion, hydrologic conditions have not improved over the last month. Staff will continue its discussions with utilities and help them in any way possible. The challenge will be not to rely on groundwater.

Mr. Pat Lehman, Executive Director, Peace River/Manasota Regional Water Supply Authority, said he wanted to thank all of their members for their efforts and it has been paying off.

Staff recommended to authorize the Executive Director to take additional action prior to the Board's January meeting if needed; Continue to meet with Authority and Alliance; make sure all local actions are being taken; consider Phase IV measures in January; take into account utility profiles, efforts; and tie additional demand management to future supply actions (such as overdraft of ASR). Following consideration, Ms. Glass moved, seconded by Mr. Combee, to approve the staff recommendation. Motion carried unanimously. (CD 1/Track 07 – 49:18/01:44:22)

Submit & File Reports– None

Routine Reports The following items were provided for the Committee’s information, and no action was required. 50. Demand Management Mr. Pressman encouraged staff to continue working towards bringing out of compliance users back into compliance in the most expeditious manner possible. He also suggested staff may seek additional enforcement authority during the upcoming legislative session. Mr. Moore was directed to come back to the Governing Board with a recommendation in this area. (CD 1/Track 07 – 01:44:22/01:53:12) 51. Overpumpage Report 52. Southern Water Use Caution Area Quantities 53. Water Production Supply Summary 54. Public Supply Benchmarks 55. Resource Regulation Significant Initiatives Report

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Regulation Committee Vice Chair Dabney relinquished the gavel to Resource Management and Development Committee Chair Pressman.

Resource Management & Development Committee

Discussion Items 56. Consent Item(s) Moved for Discussion 38. Initiate Rulemaking to Amend 40D-8.624, F.A.C., to Add Minimum and Guidance Levels for Lakes Angelo, Denton, Placid, Tulane, and Verona in Highlands County; Lakes King, King-East, and Linda in Pasco County; and Crooked Lake in Polk County Mr. Doug Leeper, Chief Environmental Scientist, Resource Conservation and Development Department, gave a brief overview of this item. Staff recommended to approve initiation of rulemaking to amend Rule 40D-8.624, Florida Administrative Code (F.A.C.), to delete previously adopted guidance level and add new guidance and minimum levels as shown in the Exhibit provided in the Governing Board packet.

Resource Management and Development Committee Chair Pressman heard public comment at this time.

Mr. Barny Shick, a resident on Crooked Lake, said he believes the lake level being set should be higher than what is proposed. He also thinks the consumptive use permits that have been granted in his community will continue to be issued and that lake level maintenance will not be enforced, therefore the level should be set higher. He hopes the District will give Crooked Lake the special attention it deserves.

Mr. Jim Dazet, a resident on Crooked Lake, said this lake is designated as an Outstanding Florida Waterbody and he believes the lake level should be set higher. He thinks the previous hurricanes have skewed the numbers. He also believes the issuance of consumptive use permits should be curtailed.

Mr. Roger Beasley, a resident on Crooked Lake, said he is new to the area. Mr. Beasley said he and his family moved to this area because of the pristine lake. He encouraged the Governing Board to give this lake the special attention it deserves.

Resource Management and Development Committee Chair Pressman asked staff to respond to the concerns raised by the citizens. Mr. Leeper explained that lake levels are set using historic data over long periods and this approach evens out the effects of unusual events. The lake level depicts the lowest level allowed before significant harm would occur. Mr. Leeper said staff has held public workshops over the past four years while this lake has been studied and in total he estimated 250 attended those meetings. Mr. Moore said there are sinkholes in the bottom of this lake and this makes it difficult to set levels; however, he is confident that the District is moving forward with the best scientific data that is available at this time. In response to Ms. Parks' question, Mr. Moore said the lake is monitored monthly and the Board can expect to receive this data on a monthly basis in the near future as well as a comprehensive annual report.

Following consideration, Ms. Parks moved, seconded by Mr. Dabney, to approve the staff recommendation. Motion carried unanimously. (CD 1/Track 08– 00:00/30:27)

57. Adopt Recommended Changes to Governing Board Policy 130-4, Cooperative Funding Initiative Mr. Wirth said the purpose of this item was to adopt recommended changes to Cooperative Funding Initiative (CFI) Policy 130-4. A copy of the proposed changes was

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included in the Governing Board packet. During its November meeting, the Board directed staff to incorporate additional language into the draft. These additions were:

1. Guideline 2. This guideline references the District's commitment to diversity. Added language requires that applicants entering into an agreement with the District will be required to document and report to the District the amount spent and, to the extent such information is known, all contractors and sub-contractors utilized for the project that are minority owned or small business enterprises. 2. Guideline 12. The Board requested additional language be incorporated into the definition of multijurisdictional that requires the utilities to be physically interconnected and that some form of agreement on conjunctive use of supplies be established. 3. Guideline 13. The Board requested that the term perpetual and the word "or" be added to the language on ownership and control by the respective Regional Water Supply Authority. 4. Guideline 14. The Board requested that similar language on perpetual ownership and control, including the addition of "or" be added to this guideline. 5. Guideline 17. The Board requested the language on conservation water rate structures be included. The District will consider the applicant's conservation oriented water rate structure(s) and per capita water use as factors in its incentive based funding. Where an applicant has not achieved the District per capita water use requirements as described in Chapter 40 D-2, F.A. C., or where they have not adopted an effective conservation rate structure, District funding may be limited to consideration of water conservation projects only.

Staff recommended the Governing Board adopt the changes to the Board's Cooperative Funding Initiative Policy 130-4 as presented.

Resource Management and Development Committee Chair Pressman heard public comment at this time.

Mayor Beverly Billiris, City of Tarpon Springs, said on behalf of her staff and Mr. Jake Varn, she would like to thank the Governing Board and District staff for their consideration and hard work in the revisions to this policy.

Ms. Theresa Connor, Water Resources General Manager, Sarasota County, said the County is interested in working with the Peace River/Manasota Regional Water Supply Authority on the Dona Bay Watershed Initiative. This is a complex project that will need future policy flexibility at various levels and organizations. Ms. Connor said the County had sent a letter to the District and would like to see the following change to Item 13. The highest priority is alternative water supply projects or capacity owned, operated, or perpetually controlled pursuant to a water supply contract or agreement by a regional water supply authority.

Mr. Wirth said staff has concerns about using the term "capacity." He said the Board has prioritized its central based funding with the budget and the term "capacity" could divide up projects. Staff wants to remain with projects and not fund portions of projects and essentially lose control.

Following consideration, Mr. Dabney moved, seconded by Ms. McCree, to approve the staff recommendation. Motion carried unanimously. (CD 1/Track 09 – 00:00/26:34)

Resource Management and Development Committee Chair Pressman recessed the public meeting for a Closed Attorney-Client Session which was followed by a lunch break. The meeting reconvened at 2:04 p.m.

58. Tampa Bay Estuary Program Ms. Jennette Seachrist, SWIM Manager, Resource Management Department, introduced Mr. Dick Eckenrod, Executive Director, Tampa Bay Estuary Program (TBEP).

140 Minutes of the Meeting December 18, 2007 SWFWMD Governing Board Page 11 of 14

Mr. Eckenrod provided an overview of the TBEP and updated the projects that have been completed as well as the projects that are proposed in the coming years. Some of the programs Mr. Eckenrod reviewed included: Seagrass Restoration, Nitrate Management, and Water Quality Goals. This item was provided for the Committee's information, and no Board action was required. (CD 1/Track 10 – 00:00/20:44)

Submit & File Reports – None

Routine Reports The following items were provided for the Committee’s information, and no action was required. 59. Significant Water Supply and Resource Development Projects 60. Watershed Management Program and Federal Emergency Management Agency Map Modernization Status Report 61. Florida Forever Funding Status Report 62. Minimum Flows and Levels Status Report 63. Hydrologic Conditions Status Report 64. Structure Operations Status Report

Resource Management and Development Committee Chair Pressman relinquished the gavel to Finance and Administration Committee Chair Closshey.

Finance & Administration Committee

Discussion Items 65. Consent Item(s) Moved for Discussion – None

66. Financial and Budget Update Staff provided an update on the SBA Local Government Investment Pool (SBA Pool) status Board members did not require a full presentation of this item, but they had a few inquiries. Mr. Dabney asked about the at risk portion of Fund B and how losses would be overcome. Mr. Daryl F. Pokrana, Finance Director, said that interest earnings of the SBA will minimize any potential loss that Fund B might experience. General Counsel Bilenky reassured the Governing Board that the reliability of these funds is being reviewed by the Auditor General and that the Legislature will be taking a very active role in re-instilling the confidence in these funds. Mr. Pokrana said staff will continue to monitor SBA funds held within the Pool and report back at a future meeting.

Staff requested acceptance of the fiscal year (FY) 2009 Budget Development Process establishing budget strategic priorities and general preparation assumptions, and the planned FY2009 Budget Development Process as described in the memorandum and attachments provided in the packet. Following consideration, Ms. Glass moved, seconded by Mr. Combee, to approve the staff recommendation. Motion carried unanimously. (CD 1/Track 12 - 00:00/15:35)

67. District Climate Change Initiative Status Report Ms. Elaine M. Kuligofski, Director, Human Resources and Risk Management Department, said this was an informational item to update the Governing Board on the status of the District's Climate Change Initiative. On July 13, 2007, Governor Crist signed three Executive Orders (07-126, 127 and 128) initiating Florida’s energy policy. In these orders, Governor Crist called for all State Agencies to implement plans to reduce emissions of greenhouse gases through a wide variety of means, including use of alternative fuel sources such as solar and biodiesel fuels, as well as by implementing smart building and operational practices to reduce the carbon footprint of government in Florida. Governor Crist further called upon other Florida Governments to voluntarily support the efforts of the state.

141 Minutes of the Meeting December 18, 2007 SWFWMD Governing Board Page 12 of 14

The Southwest Florida Water Management supports and applauds Governor Crist’s efforts to move toward more environmentally sustainable governance practices. The goal is to meet or exceed Governor Crist’s expectations for reduction in greenhouse gas emissions but, more importantly, to serve as an example of the use of smart, efficient and environmentally wise practices in District operations.

The District’s Project Team has assembled a list of potential action items for review to establish a baseline for what the District has already achieved through its past practices as well as to initiate projects for further enhancements. The Team has finalized an initial, overall project plan, with individual projects assigned to appropriate subteams for feasibility evaluation, cost assessment and, where appropriate, prioritization of projects for implementation.

The District has become a member of the United States Green Business Council (USGBC). Several staff and Board Treasurer, Jennifer Closshey, have attended Leadership in Energy and Environmental Design (LEED) training to become familiarized with the LEED construction standards for new and existing building. Staff is also evaluating the possibility of participation in other nationally recognized programs, such as the Environmental Protection Agency's EnergyStar program. Mr. Michael Molligan, Communications Director, and his staff in the Communications Department are working to establish messaging both for internal staff and for the public to provide a consistent "look and feel" for the District's Climate Change Initiative.

Quarterly and annual reports on progress will be provided to the District’s Executive staff and to the Governing Board. Additionally, the Team will continue to provide required reports to DEP and the Governor’s Office

This item was presented for the Committee’s information, and no action was required. (CD 1/Track 13 - 00:00/10:32)

68. Strategic Systems and Water Management Information System Initiative Semi- Annual Update Mr. Terry Redman, Director, Information Resources Department, said the purpose of this item was to provide the Governing Board with a semi-annual update on the Information Resources Department's Five-Year Technology Plan, Fiscal Years 2008-2012, execution and a demonstration of the current Water Management Information System (WMIS) initiative, a key component of this plan.

Ms. Sommer Mercer, Records and Data Manager, Regulation Performance Management Department and Ms. Margit Crowell, Senior Hydrologist, Hydrologic Data Section, provided demonstrations of the latest WMIS functionality, Water Use Permit Renewals and Resource Data Demonstration, respectively.

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

Submit & File Report The following item was submitted for the Committee’s information, and no action was required. 69. Treasurer's Report, Payment Register, and Contingency Reserves Report

Routine Report The following items were provided for the Committee’s information, and no action was required. 70. Management Services Status Report Mr. Schiller announced that the renovations to the Tampa Data Center have been completed on time and within budget; staff members have returned to their refurbished areas. Mr. Schiller also noted the electronic updates that have been completed to the Brooksville Governing Board room. He thanked Information Resources Department and General Services Department staff members who participated in these upgrades. (CD 1/Track 14 - 00:00/28:56)

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Finance and Administration Committee Chair Closshey relinquished the gavel to Outreach and Planning Committee Chair Combee.

Outreach & Planning Committee

Discussion Items 71. Consent Item(s) Moved for Discussion - None 72. Florida Department of Environmental Protection Surface Water Quality Classification System Outreach and Planning Committee Chair Combee said this item was deleted from consideration. (CD 1/Track 15 - 00:00/00:39)

Submit & File Report The following item was submitted for the Committee’s information, and no action was required. 73. Legislative Update

Routine Reports The following items were provided for the Committee’s information, and no action was required. 74. Significant Activities Report 75. Speakers Bureau 76. Comprehensive Plan Amendment and Related Reviews Report 77. Review of Developments of Regional Impact

Outreach and Planning Committee Chair Combee relinquished the gavel to Chair Whitehead.

General Counsel’s Report

Discussion Items 78. Consent Item(s) Moved for Discussion - None

Submit & File Reports – None

Routine Reports The following items were provided for the Committee’s information, and no action was required. 79. Litigation Summary and Report 80. Rulemaking Update

Reports

81. Basin Board Land Resources Committee Ms. McCree said the Basin Board Land Resources Committee met on December 7, 2007, in Sarasota, at the conclusion of the Public Lands and Management conference, which was hosted by the District. Ms. McCree said the meeting focused on topics the Basin Board Land Resources Committee plans to address this coming year.

82. Executive Director’s Report Mr. Moore said two issues around the State are being discussed at every venue, first the drought and secondly long-term water supply. Staff has been working with Polk County on their water supply issues. Mr. Moore said he believes that Polk County understands how important water conservation will be for them moving forward, as well as the creation of alternative water supplies.

Mr. Moore said he was provided an opportunity to address the Century Commission regarding the District’s future direction for conservation and long-term water supply initiatives. He believes sharing and movement of water that runs east and west versus

143 Minutes of the Meeting December 18, 2007 SWFWMD Governing Board Page 14 of 14

among three or four counties may be more effective and efficient moving forward rather than north and south. Mr. Moore plans to continue to share this vision statewide.

Mr. Moore announced that the next quarterly meeting of the Department of Environmental Protection and the Water Management Districts is scheduled for January 16, 2008. (CD 1/Track 16 - 00:00/19:40)

83. Chair’s Report – Performance Evaluations of the Executive Director and Inspector General Ms. Elaine M. Kuligofski, Director, Human Resources and Risk Management, said copies ofthe final performance evaluations were distributed to the Governing Board at today's meeting. Staff recommended to (1) approve the 2007 performance appraisals of the Executive Director and Inspector General and authorize them to be finalized; (2) authorize the Governing Board Chairman to sign the final, approved appraisals and deliver them to the employees on behalf of the Governing Board; and (3) approve the 2008 Goals and Objectives for the Executive Director and Inspector General. Following consideration, Ms. Parks moved, seconded by Mr. Dabney, to approve the staff recommendation. Motion carried unanimously. (CD 1/Track 17 - 00:00/01:03)

Mr. Dabney said he recently attended a seminar regarding the health of our bays and came away with the conclusion that the District does not do enough celebrating regarding our successes. He believes it would be beneficial for the public to be reminded that their taxes and support has led to great programs and accomplishments. Mr. Dabney's fellow Board members concurred with his observation and discussed some suggestions for spreading these success stories, and providing the Communications Department with directions for a new public relations campaign.

There being no further business to come before the Board, Ms. McCree moved, seconded by Ms. Parks, to adjourn the meeting. Motion carried unanimously.

The meeting was adjourned at 4:06 p.m. (CD 1/Track 17 - 01:03/15:52)

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 4610; TDD ONLY 1-800-231-6108 (Florida only); FAX 352-754-6874.

144 C. Outreach & Planning Governing Board Meeting January 29, 2008

Outreach and Planning Committee

Discussion Items

39. Florida Department of Environmental Protection Surface Water Quality Classification System ...... (20 minutes) ...... 2 (Strategic Plan: Water Quality – Water Quality Monitoring)

40. Drought Communications Update – Signage and Advertising ...... (15 minutes) ...... 3 (Strategic Plan: Water Supply – Conservation)

41. Legislative Update...... (15 minutes) ...... 5 (Strategic Plan: Mission Support)

42. Strategic Plan Update Process ...... (15 minutes) ...... 6 (Strategic Plan: Mission Support)

Submit & File Report

43. Status of the 2008 Consolidated Annual Report ...... 8

Routine Reports

45. Significant Activities Report ...... 10

45. Speakers Bureau ...... 16

46. Comprehensive Plan Amendment and Related Reviews Report ...... 18

47. Review of Developments of Regional Impact ...... 23

Item 39

Outreach and Planning Committee January 29, 2008

Discussion Item

Florida Department of Environmental Protection Surface Water Quality Classification System

Purpose The goal of this presentation is to enhance the Governing Board's understanding of the Florida Department of Environmental Protection's (FDEP) surface water quality classification system and the process/criteria for reclassification.

Background In June of 2007, Tampa Bay Water staff facilitated a presentation to the Alafia Basin Board indicating its intention to pursue the reclassification of the Alafia River from Class III to Class I. At the November 2007 Governing Board/Tampa Bay Water Joint Workshop, Tampa Bay Water's effort to reclassify the Alafia River became an open discussion item among the respective Board members. At this workshop, it was requested that this topic be scheduled for a future Board meeting to better inform the Board of the issue.

To enhance understanding of the issue Eric Shaw from the FDEP, Water Quality Standards & Special Projects Program, will provide an overview of FDEP's surface water quality classification system and the process/criteria for reclassification.

Staff Recommendation:

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

Presenters: Roy Mazur P.E., Planning Director Eric Shaw, Program Manager, FDEP

2 Item 40

Outreach and Planning Committee January 29, 2008

Discussion Item

Drought Communications Update – Signage and Advertising

Signage

Purpose To raise public awareness that the District is currently experiencing a drought and to encourage water conservation.

Background/History At the November Governing Board meeting, Vice Chair Neil Combee recommended that staff consider using roadside signs like those he had seen in Atlanta to raise public awareness about the ongoing drought and the need to conserve water. District staff has developed signs that read: It's a drought. Conserve! Learn how at WaterMatters.org.

The District is offering the signs to local governments and utilities to be placed in their communities. The initial focus is on the southern part of the District, especially those counties served by the Peace River/Manasota Regional Water Supply Authority, whose water supply appears to be the most severely impacted by the drought. As of January 14, 2008, a total of 490 signs have been requested by the following 17 governments/utilities: Englewood Water District; Southwest Florida Water Management District; counties of Charlotte, Manatee, Polk and Sarasota; and cities of Sarasota, Bradenton, Palmetto, Bartow, Lakeland, Winter Haven, Zolfo Springs, Wauchula, Punta Gorda, Lake Placid and Lake Wales. The District's drought web page contains links to all the organizations who partner with the District on the road signs. District staff is currently expanding the offer of the signs to governments and utilities in the central and northern regions of the District.

Costs The District is paying approximately $3,300 for 1,000 signs and stands.

Advertising

Purpose To raise public awareness that the District is currently experiencing a drought and to encourage water conservation.

Background/History Media messaging, or advertising, is one initiative the District uses to promote water resources awareness and conservation practices. The total media messaging budget in FY2008 is $900,000. The District spent $150,000 during an October–November radio and newspaper campaign that promoted the skip a week concept of skipping a week of watering during the cooler winter months to conserve water.

The next major advertising purchase will be in February–April for $610,000. This winter–spring campaign will include television, radio, newspaper, magazine and billboard advertising. Previous media campaigns have used humor to attract attention to the message. Because of

3 Item 40 the seriousness of the drought situation, the District's advertising is taking a more direct approach this year with two scenarios. One set of radio and television ads will feature an appeal to the public from Executive Director Dave Moore to help reduce water usage during the drought. A second set of ads will feature a county Extension agent urging residents to ensure that their irrigation systems are working properly and not wasting water. All advertising will direct residents to the District's web site for additional water conservation tips.

Radio advertising will kickoff the campaign with more than 6,500 spots running from mid- February through April on a diverse array of stations to capture all demographics. The District's television ads will air during March and April. More than 3,800 spots will air on broadcast and cable channels. Areas outside the eight-county Tampa-St. Petersburg-Sarasota television market will be reached by advertising on cable channels.

Also during March and April, four newspaper ads will be published in each of the major circulation newspapers in the District, along with ads in two publications that serve the Hispanic audience, two publications that specialize in reaching the African-American community and one trilingual newspaper (English, Spanish and Italian).

The campaign will also once again use billboards to help raise water conservation awareness, but with a twist. Seven of the fifteen billboards will be the newer digital boards that allow for last- minute updates and time-sensitive messages. The digital boards will display District messages over a six-week period, March through mid-April. The standard billboards will be up for a minimum of four weeks in March.

The District is taking advantage of another new advertising opportunity that will reach all subscribers of Time, Newsweek and U.S. News & World Report magazines in a six-county area with one full-page, color ad in each of the publications. This effort will reach nearly 98,000 subscribers.

All advertising is being created by District staff, which will substantially reduce development and production costs to less than $40,000. Staff anticipates that approximately $110,000 will remain in the budget for any advertising needs after April.

Costs The winter–spring advertising campaign will cost $610,686, with the following breakdown: television, $266,339; radio, $211,767; newspaper, $72,522; magazine, $16,742; billboards, $43,316.

Staff Recommendation:

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

Presenter: Michael Molligan, Director, Communications Department

4 Item 41

Outreach and Planning Committee January 29, 2008

Discussion Item

Legislative Update

Governing Special Discussion—January 11, 2008

State Legislative Issues Update

Expedited Permitting Bill Passes First House Committee HB 147, Rep. Schenk & SB 402, Sen. Fasano Representative Schenk's bill, requiring the Department of Environmental Protection and the water management districts to adopt programs to expedite the process of wetland resource and environmental resource permits for certain economic development projects – specifically projects in Chapter 288.106, Florida Statutes, passed its first House committee this week by a four to two vote.

The bill requires approval or denial of a permit application within 30 days after receipt of a completed application, the last submittal of requested information or at the request of the permit applicant. In its current form the timeframe is insufficient for the completion of a thorough permit review, public noticing and subsequent Governing Board action. In particular projects that may have issues related to sovereign submerged lands could be particularly problematic. The Florida Department of Environmental Protection and the water management districts have met with the bill sponsor and are working toward a solution to these issues. This was explained in committee and the bill moved forward pending these discussions. The bill will now move to the House Environment and Natural Resources Council.

Legislation to Study Desal Moves Forward HB 199, Kelly & SB 708, Sen. Saunders In an effort to promote the use of desalinization, Representative Kelly has introduced legislation requiring the Florida Department of Environmental Protection in consultation with the water management districts, to perform a study on existing desalinization technologies. The report is required to include, an analysis of existing facilities in the state and a plan to effectively utilize and implement desal projects that are environmentally and economically sound to meet current and future demands. The report is due to the Governor, Speaker of the House and Senate president by June 30, 2009.

The bill unanimously passed the House Environmental Protection Committee and now moves to the Environment and Natural Resources Council.

Staff Recommendation:

This item is presented for the Committee’s information, and no action is required.

Presenter: David Rathke, Director, Community and Legislative Affairs Department

5 Item 42

Outreach and Planning Committee January 29, 2008

Discussion Item

Strategic Plan Update Process

Purpose The purpose of this agenda item is to present the FY2010–2014 Strategic Plan Update concept to the Governing Board.

Background Strategic Planning is most appropriate when there has been a dramatic change in the business environment or marketplace. At the District, our market has been established by the Legislature in the form of our four Areas of Responsibility (AORs). As these AORs have not recently changed, staff has advocated a process of updating rather than rebuilding the District's Strategic Plan. In most strategic planning efforts, what is typically updated annually are the tactics associated with the broader strategies. With this understanding, staff is encouraging the implementation of a five-year planning cycle. In 2006, when Strategic Planning at the District was initiated, the emphasis was on the process and the production of the document. Since those initial efforts, staff has developed a strong, comprehensive Strategic Plan. As we are in the third year of the proposed five-year planning cycle, the emphasis of this year's update effort will be on deployment and implementation. In year four, the emphasis will be the alignment of data acquisition methodology and automation; in year five, the emphasis will be to evaluate and perhaps reconstruct our Plan as a whole. A feature carried from last year which will remain constant is the strong emphasis on diversified staff participation. The Strategic Planning Process will continue to involve many different staff at various levels in the organization to encourage understanding, acceptance, and ownership.

As indicated, this year's emphasis will be on deployment and implementation. Within that effort, the focus will be on:

• Lessening Time Commitment of the Strategic Planning Team • Strategic Initiative Performance Measures • Obtaining Outside Input

Another adjustment to the process will be in inclusion of Subject Matter Experts (SME). Planning Department staff will meet with the SME on each of the 12 Strategic Initiatives, with the focus of discussion upon the performance measures of each strategic initiative. The results of the SME meetings will then be presented to the Strategic Planning Team for discussion. As each AOR is discussed by the Strategic Team, the findings will be presented to the appropriate Advisory Committee for outside comment. As was the case last year, the Strategic Steering Committee will be convened periodically to provide input and guidance on the path of the update process.

The deliverables for the Strategic Team will be as follows:

• Specific, practical performance measures which determine progress on a quarterly, seasonal, or annual basis • Specific understanding of ownership of the performance measures • Methodology on data collection for each of the performance measures • An updated Strategic Plan brochure by September 2008

6 Item 42

The schedule for the Update will be as follows:

• January – July 08 – SME, Strategic Planning, Steering, & Advisory Committee Meetings • July – August 08 – Edit Strategic Planning Document • September 08 - Governing Board Approval

Staff Recommendation:

This item is presented for the Committee's information, and no action is required. Staff welcomes any input or direction on this item.

Presenter: Roy Mazur, Director, Planning Department

7 Item 43

Outreach and Planning Committee January 29, 2008

Submit & File Report

Status of the 2008 Consolidated Annual Report

Purpose To provide the Board information on the staff preparation process for the District's third Consolidated Annual Report. The seven components required in the Report are substantially complete and are provided as exhibits. Staff will finalize all required document components and format in February. The finished report will be a part of the Board packet for the February meeting. Submission of the report to a variety of audiences is required by March 1, 2008.

Background/History During the 2005 legislative session Section 373.036, Florida Statutes (F.S.), was amended to require the water management districts to prepare a "Consolidated Water Management District Annual Report." The agency formerly produced these components individually and brought them to the Governing Board for approval at various times of the year. The 2005 legislation aims to streamline these required reporting documents so that they now come forward in one package. The report must include the following components:

The District Water Management Plan Annual Report. Eighteen performance measures are used to report on the District's progress in implementing the current District Water Management Plan, completed in July 2005. Noteworthy highlights in this report include the following: the amount of domestic wastewater reused has increased steadily, from 104 million gallons per day (mgd) in 1995 to 198 in 2006. All District structures were maintained on schedule during 2007, while remote operational capability was added to 2 additional structures (bringing the total to 28 structures), allowing quicker response for structure operations while saving time and manpower. Minimum levels were established for 5 lakes, and flows for 4 river segments and 2 springs scheduled for 2007. In addition, levels for 11 lakes scheduled for adoption in 2006 were established in 2007. Finally, the District's ERP Program continues to show a clear preference for wetland avoidance. In FY07, over 7200 wetland acres were preserved (not impacted).

The Minimum Flows and Levels Annual Priority List and Schedule as approved by the Department of Environmental Protection (DEP). This year's revised list reflects significant and ongoing coordination between the District, the DEP and our public input process. The District's budget for Minimum Flows and Levels (MFLs) establishment has gone from approximately $1 million to $5.5 million between 1998 and 2007. As of December 2007, 163 MFLs have been adopted by the District, new MFLs for 48 water bodies are scheduled for adoption by 2012, and MFLs for all first magnitude springs and second magnitude springs that are publicly owned are proposed to be established by 2010.

The Annual Five-Year Capital Improvements Plan includes projected revenues and expenditures for planned improvements for fiscal years 2007-2008 through 2011-2012. Some of the highlights in this year's report include: Continuation of the State's Florida Forever Program land acquisition program at an annual budget of $26,250,000 through FY2008-2009; repair of the Lake Tarpon Outfall Canal and Structure S-551 due to embankment erosion and deterioration of the secondary drainage system; completion of the Districtwide security project; and the first phase of the Districtwide parking lot resurfacing project.

8 Item 43

The Alternative Water Supplies Annual Report describes alternative water supply projects funded as well as the quantity of new water to be created as a result of these projects, and separately accounts for other moneys involved, such as grants, or the use of District lands or facilities to implement regional water supply plans. FY2008 marks the 22nd year of District alternative water supply funding (FY1987-FY2008). To date the SWFWMD has funded 282 reclaimed water projects. In FY2008 alone, the District has budgeted nearly $36 million in alternative water supply funding.

The Annual Five-Year Water Resource Development Work Program describes the District's implementation strategy for the Water Resource Development (WRD) component of the approved Regional Water Supply Plan (RWSP). This Work Program covers the period from fiscal year (FY) 2008 through FY2012. It is a comprehensive discussion of the District’s Water Resource Development activities that will help produce the 409 mgd of water needed through 2025. These activities include data collection and analyses and 20 water resource development projects the District is financially and technically participating in during FY2008. Over four million dollars more were budgeted to water resource development projects in FY2008 ($9.5 million) than in FY2007 ($4.8 million). The District Work Program also provides information on water supply development projects due to the magnitude of this effort in the region.

The Florida Forever Water Management District Work Plan Annual Report integrates Surface Water Improvement and Management Plans, stormwater management projects, water resource development projects, restoration projects and other projects necessary to promote reclamation or the storage or recovery of water. Highlights of the 2008 update to the Florida Forever Work Plan include incorporation of additional lands into the Plan in accordance with Florida Forever goals and the District's Strategic Plan. Lands were added within the Myakka River and the Springs Coast Watersheds in order to maximize partnership opportunities with the State and local governments.

The Mitigation Donation Annual Report identifies all cash donations accepted during the preceding fiscal year for wetland mitigation purposes. As with last year, there were no donations received.

This consolidated report is a significant communication tool for the District. The statute requires the report be submitted by March 1st of each year to the Governor, the DEP, the President of the Senate, and the Speaker of the House of Representatives. "In addition, copies must be provided . . . to the chairs of all legislative committees having substantive or fiscal jurisdiction over the districts and the governing body of each county in the district having jurisdiction, or deriving any funds for operations of the district. Copies of the consolidated annual report must be made available to the public, either in printed or electronic format."

A draft of the report is provided in the January packet. The final report will be distributed to the Governing Board for approval at its February 2008 meeting.

Staff Recommendation: See Report

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

Presenter: Mikel Renner, Northern District Planning Manager, Planning Department

9 Item 44

Outreach and Planning Committee January 29, 2008

Routine Report

Significant Activities Report

Conservation and Drought Communications

Drought Communications With the holiday distractions in December and political advertising in January, the District did not purchase any advertising for these two months. Instead, Communications staff employed a grassroots effort using existing tools such as the Speakers’ Bureau, news media outreach and public affairs programming, as well as outreach to homeowners associations (HOAs), landscape irrigation professionals, churches and others. The District also developed a web page at WaterMatters.org/drought to serve as a "one-stop-shopping" resource for the public to obtain information on the drought, water restrictions and conservation. Communications staff continued distributing a PowerPoint presentation, copy points and collateral materials to District staff to reach many of the key target audiences identified in the FY2008 Drought Communications Plan. Print ads and articles promoting Skip a Week continued to be offered to HOAs, churches, public supply utilities, local governments and others for use in their newsletters. The District is continuing efforts to contact additional HOAs throughout the District. New Activities Since Last Meeting — Communications staff provided the Skip a Week ad, drought letter and/or PowerPoint presentation to more than 1,000 HOAs, 100 neighborhood associations and 19 organizations including chambers of commerce, environmental organizations and community groups. A landscape industry letter was mailed to 427 FNGLA irrigation professionals. Nine speaking engagements were conducted in December and more than 30 engagements have been scheduled for January through May. Interviews were conducted on five public affairs programs and an article was submitted for the February issue of FloridAgriculture magazine. A meeting with Tampa TV meteorologists was conducted to discuss the District's drought messages to the general public. In response to direction by the Governing Board, staff developed roadside signs that read: It's a drought. Conserve! Learn how at WaterMatters.org. The District is offering the signs to local governments and utilities to be placed in their communities. The initial focus is on the southern part of the District, especially those counties served by the Peace River/Manasota Regional Water Supply Authority, whose water supply appears to be the most severely impacted by the drought. As of January 7, 2008, 13 governments/utilities had requested a total of 427 signs: the Englewood Water District; the counties of Charlotte, Manatee and Sarasota, and the cities of Sarasota, Bradenton, Palmetto, Bartow, Lakeland, Winter Haven, Zolfo Springs, Wauchula and Lake Wales. The District's drought web page will have links to all the organizations who partner with the District on the road signs. District staff is currently expanding the offer of the signs to governments and utilities in the central and northern regions of the District. Twenty-five conservation signs were placed at District lands.

College Conservation Project This project was created to develop programs that target the 19–25 age group to adopt conservatory behaviors that will help set the standard for behaviors they will carry on through their adult lives. Staff felt that members of this demographic would be best suited to create programs to target their peers. Therefore, in cooperation with USF’s Public Relations School and the USF Collaborative for Children, Families and Communities, a team of five USF public relations students was selected to create a strategic communications plan for campus

10 Item 44 conservation projects. New Activities Since Last Meeting — The students conducted extensive qualitative (focus groups) and quantitative (survey) research to uncover the barriers and benefits to water conservation habits among college students. A Spotlight Gala was held on December 14 at USF's Tampa campus. The Gala showcased the students' efforts on this project, including a presentation of strategies and tactics they developed based on the research. The team's suggestions include a MySpace page, conservation ads on campus bathroom stall doors, a video PSA, mass text messages to student cell phones through USF's "Note-A-Bull" text program, tailgate events at USF home football games and an expansion on the District's wishes to do a water conservation competition among dormitories or Greek houses. The team came up with the name "Blue University" for the program and the slogan, "Go Blue, Save Green and Gold." The slogan is based on the research findings that one of the biggest motivators for college students to conserve water is a received financial benefit (green and gold). Also, USF's colors are green and gold. The District's project manager is reviewing the team's report and seeking out cooperative partnerships to implement some of the team's ideas.

Irrigation Pilot Program –– Community-Based Social Marketing A community-based social marketing pilot program is under way in neighborhoods in Sumter, Polk and Charlotte counties. Residents will be asked to “take control of their irrigation systems” during the months of July, August and September, when rainfall can allow residents to turn off their systems for extended periods of time, and to "water only every other week” during the months of January and February. The specific education interventions will be determined after qualitative (focus groups) and quantitative (survey) research is conducted to determine the best way to educate the residents to achieve the desired behaviors. New Activities Since Last Meeting — Since the current drought response media campaign promotes "Skip a Week" of irrigation, the irrigation pilot project has been restructured to begin with the education interventions for the July, August and September portion of the project and then pilot the January and February intervention in 2009. The audio recordings from the focus groups have been used to guide the creation of a telephone survey questionnaire. The survey has been tested with small sample audiences to ensure its understandability and clarity of responses. The survey will undergo further revisions to include questions to gather input on the current "Skip a Week" campaign. Data collection is scheduled to begin in January 2008. Staff is continuing to gather water use reports from participating utilities and creating historical water data reports that will be used to measure changes in water use throughout the course of the project. Although several revisions have been necessary as pilot groups have changed and meter routes shifted, the report is currently in its final stages of edits and will be ready to submit to the Conservation Department for review in January 2008. Florida Yards & Neighborhoods (FYN) Recognizing the potential of water conservation and water quality protection through promotion of Florida-friendly landscaping practices, the District began partnering with the University of Florida in FY2001 to support Florida-friendly landscaping education. Currently, approximately 228,000 people are reached annually through homeowner programs in eight counties, builder and developer programs in five counties and community/homeowner association programs that reach four counties. With up to 50 percent of a typical household's water use going to outdoor irrigation, outreach to builders, developers and irrigation specialists became available Districtwide in FY2007. New Activities Since Last Meeting — Angela Maraj, the District's Regional Builder/Developer Specialist, recently recruited the Tampa Bay Builders Association (Hernando, Hillsborough, Pasco, Pinellas counties) and the Pasco Building Association as partners in the District's Water-Wise Landscape Recognition Program. Both associations will promote the program to their members for recognition during their Parade of Homes events. The Landscape Irrigation Technology workshop, coordinated by Jack Tichenor of the Manatee County Extension, attracted 65 attendees on December 5. The District partially funded the program and Pat Glass, Governing Board member, welcomed the group. The District will also

11 Item 44 help fund the third annual Florida Yard Fandango at MOSI on March 8 and 9, 2008. This is the first year the event will be held over a two-day period.

Water Conservation Hotel And Motel Program (Water CHAMP) Water CHAMP promotes water conservation in hotels and motels through a towel and linen reuse program that encourages guests to use their towels and linens more than once during their stay. Participating hotels and motels receive materials that explain Water CHAMP to staff members and guests. Materials include towel reuse cards, linen reuse cards, environmental table brochures, guest comment cards, staff training materials and an environmental self-audit checklist — all free of charge. Educational workshops on additional ways to save water are also provided to the participating hotels and motels. Surveys of guests staying in Water CHAMP properties indicate that guests like the program and believe conserving water makes a difference to the environment. From 2002–2003, Pinellas County Utilities and the City of Tampa Water Department conducted comparison studies of the water use of 71 hotels in their area before and after implementing Water CHAMP. The studies showed that in total the 71 participants saved a cumulative 100 million gallons of water in only one year after implementing Water CHAMP. New Activities Since Last Meeting — On November 30, the Water CHAMP coordinator left the District to pursue other interests. The staff member who supervises the CHAMP coordinator is handling program duties until a new coordinator is hired. There are currently 357 hotels participating in the program Districtwide. This brings the participation rate to 39 percent and accounts for more than 56 percent of the available hotel rooms in the District. On December 13, staff gave a presentation on Water CHAMP and its water savings to the Region XIII Conservation Group in Polk County. This group consists of representatives from utilities, nonprofit organizations, county Extension offices and environmental companies located in central Florida. Staff also attended the DEP's Green Lodging certification ceremony for the Renaissance Vinoy in St. Petersburg on December 14. This hotel's certification marks the seventh hotel to be certified as a Green Lodge within the District. As of Nov. 28, 52 additional properties within the District are in the application process to become Green Lodges.

Watershed Education

The District's watershed education efforts encourage residents to understand and protect their local water resources. Education relating to water quality, stormwater runoff, water conservation and natural systems is delivered through a variety of methods. In FY2005–2006, the "Know Where It Flows" campaign educated Crystal River/Kings Bay residents on proper fertilizer use and proper septic tank maintenance to address the increase in nitrates in the bay and springs in the Crystal River/Kings Bay area. After that campaign was completed, staff conducted an online survey to determine effectiveness, but a minimal response rate provided little feedback. To reinvigorate efforts, to expand the project to include the Rainbow River watershed and to ensure a way to assess effectiveness, the FY2007–2008 program includes focus groups and pre- and post-evaluation surveys. New Activities Since Last Meeting — A series of focus groups was completed in November by consultant Kerr & Downs Research — four of which were held in Citrus County and two in the District's portion of Marion County. The following key recommendations are based on those results:

• Based on "top-of-the-mind" responses, which indicate behaviors people are more likely to adopt, the 2008 campaign should target fertilizer only. • Fertilizer messages should focus on actions that residents feel will have the most impact and are actions they are willing to take. Suggested messages: use less, use less often, use organic, use slow-release. • Since focus group participants were likely to follow instructions on the fertilizer bags so that their plants and grass would prosper, rather than out of concern for fertilizer getting into water bodies, show pictures of beautiful yards that result from proper fertilization.

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• It's not enough to tell residents "know where it flows." They want to know what to do to prevent water pollution. Participants want a clear call to action. • Since homeowners associations represent communities with landscaped areas that have potential to impact the watershed, this audience should be targeted. • Since master gardeners are considered experts, use them as spokespeople.

District staff is currently developing an education campaign based on this and previous research. The District is also working with a consultant to develop and conduct a pre-evaluation survey. After implementation of this education program, a post-campaign evaluation will assess knowledge and behavior change as a result of the education efforts.

Youth Education

The District provides water resources education programs to county school districts, private schools, homeschool groups and nonformal educators through teacher training workshops, mini-grants, field trip programs and educational resources for students and educators. New Activities Since Last Meeting — Mini-grants: More than $322,000 was awarded for the 2007– 2008 Splash! mini-grant cycle, impacting 94,000 students through 137 hands-on water resources projects. Teacher Training: Four Ground Water Institutes for Teachers™ have been planned for this 2007–2008 school year. The goal of this program is to increase water resources awareness among teachers and students within regional watersheds so they are empowered to play an active role in protecting these resources. This two-and-a-half-day teacher training targets middle and high school teachers and is funded through the FY2008 Basin Initiative for Youth Education (P259). Youth Education staff is coordinating the trainings with American Ground Water Trust and U.S. Geological Survey. The Institutes are being promoted to all public and private schools throughout the District. The four 2008 Ground Water Institutes are planned for April 17–19 in Crystal River at the Marine Science Station, May 15–17 at Nature's Classroom in Thonotosassa, June 12–14 at the Girl Scouts of Gulfcoast's Event and Conference Center in Sarasota and June 19–21 at the Turner Agri-Center in Arcadia. This program is a significant component of the District's overall watershed education efforts. To date, a total of 94 teachers have participated in the District's Ground Water Institutes.

Local Government 10-Year Water Supply Facilities Work Plans

Seventy-seven local governments in the District's 10-county Regional Water Supply Planning Area will be required to prepare water supply plans for their jurisdictions, known as 10-year Water Supply Facilities Work Plans (Work Plans). These plans are required to be adopted into their comprehensive plans by May 30, 2008. Polk and Highlands counties (but not their municipalities) have a slightly later deadline, June 14th, 2008, because they are included in two Regional Water Supply Plans.

Key requirements for local governments covered by a RWSP include amending their comprehensive to accomplish the following:

• Prepare a minimum 10-year water supply facilities work plan for building public, private, and regional water supply facilities needed to meet projected needs. • Identify alternative and traditional water supply sources, conservation and reuse, necessary to meet projected needs. • Incorporate alternative water supply projects, if any, selected from the RWSP. • Revise the Capital Improvement Schedule to include and water supply, conservation or reuse projects needed within 5 years.

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• Address in the next Evaluation and Appraisal Report on the comprehensive plan progress in implementing the 10-year work plan and whether identified sources are adequate to meet projected demands.

The above requirements apply to all public supply water needs in the local government's jurisdiction, not just the local governments own utility. Coordination is required with Regional Water Supply Authorities, private utilities, and other public utilities to ensure that water supply needs will be met.

Regional Planning Council Update

Central Florida Regional Planning Council – The Heartland 2060 was described. This program is an opportunity to look at how the seven counties (Polk, Hardee, Highlands, DeSoto, Okeechobee, Hendry, and Glades) in the heartland region would like to grow while protecting natural resources and creating a vibrant economy. A status report on a number of DRIs was provided; of particular interest are Clear Springs Sector Plan and Mosaic South Fort Meade Mine. There will be a public hearing on the Mosaic DRI in February 2008. Prior to the public hearing, there may be an optional tour of the mine and reclamation areas to provide a better understanding of the DRI. The CFRPC elected Jeff Carlton (City of Sebring, Chair and Minor Bryant (Hardee County), Vice Chair for 2008.

Withlacoochee Regional Planning Council – The meeting served a s an Open House for members of the general public and the annual Staff and Employee of the Year recognition awards. The next meeting is scheduled on January 17, 2008, with the Regional Report and the Recommendations for the Lake Hideaway Development of Regional Impact project (2,500 housing units) in Hernando County on the agenda.

Strategic Planning

The FY 2009 Strategic Planning Update will be initiated in January. This year's emphasis will be on deployment and implementation. Within that effort, the focus will be on:

• Lessening Time Commitment of the Strategic Planning Team • Strategic Initiative Performance Measures • Obtaining Outside Input

The deliverables for the Strategic Team will be as follows:

14 Item 44

Staff Recommendation:

This item is provided for the Committee's information, and no action is required.

Presenter: Lou Kavouras, Deputy Executive Director

Special Events Calendar February 1 through February 29, 2008

Event Title: Florida State Fair Date: February 7 – 18, 2008 Time: 9 a.m. – 9 p.m. Location: Florida State Fairgrounds, Tampa Sponsoring Organizations: Florida State Fair, SWFWMD and others Event Details: This annual event hosts hundreds of thousands of attendees. The fair showcases rides, entertainment, crafts, music, food and vendors. The District's water conservation restroom will include information on Florida-friendly landscaping and will again be located near the circus tent. District Contact Information Name: Melissa Roe Phone: (352) 796-7211, ext. 4776 Email: [email protected]

Event Title: Three-Day SWIM Water School Dates: February 15, 22 and 29, 2008 Time: 9:30 a.m. – 1:30 p.m. each day Location: Alligator Creek Preserve, 10941 Burnt Store Road, Punta Gorda Sponsoring Organizations: Charlotte Harbor Environmental Center, District Event Details: A three-day workshop providing information about Charlotte Harbor and the Peace River watershed District Contact Information Name: Kendra Antoine Phone: (352) 796-7211, ext. 4753 Email: [email protected]

Event Title: African American Heritage Celebration Date: February 23, 2008 Time: 11 a.m. – 5:30 p.m. Location: Heritage Village, Largo Sponsoring Organizations: African American Heritage Celebration, Heritage Village, SWFWMD and others Event Details: This annual event celebrates black history and heritage through music, food and vendors. The District's water conservation restroom will include information on Florida-friendly landscaping. District Contact Information Name: Melissa Roe Phone: (352) 796-7211, ext. 4776 Email: [email protected]

15 Item 45

Outreach and Planning Committee January 29, 2008

Routine Report

Speakers' Bureau

Purpose This report is provided for the Committee's information and shows District staff participation in the outreach performed by the Speakers' Bureau program.

Background The District has had a Speaker’s Bureau Program since the early 1970s. For the past 20 years, the Program has been administered by the Community and Legislative Affairs Department (CLA) or the Communications Department. Currently the program is managed by Ed Hobin of the CLA. The Speakers Bureau coordinates staff experts and generalists to speak or make presentations to interested community or business groups, or to address professional, governmental or technical groups on a variety of issues. The types of groups and organizations requesting a speaker is varied: civic organizations (Rotary, Kiwanis, Sertoma, etc.), chambers of commerce, colleges and high schools, and associations (homeowners, engineering, realtors, developers, etc.). Every request in the past two years has been honored. Over the past several years, staff has developed a library of PowerPoint presentations to go along with our popular Water 101 video. State-of-the-art audio-visual equipment is available in all of the service offices to accommodate presentations in those areas.

The following table summarizes the Speakers Bureau activities for the past three months.

Organization Topic Aud. Speaker October 2007 Zephyrhills WC Water Conservation 28 Ed Hobin Tampa Bay Nova Future Water Supplies 55 Ed Hobin Beverly Hills HOA Water Conservation 118 Ed Hobin Timber Pines HOA Future Water Supplies 70 Ed Hobin Rotary Club of Spring Hill Water Resources Update 10 Ed Hobin UF Master Gardener State Conf. State of Water Resources 160 Ed Hobin Rotary Club of Auburndale West Central Florida WRAP 30 Ed Hobin UF Master Gardener State Conf. WMD Rules and Regulations 130 Ed Hobin Industrial Community Advisory Panel Peace Creek Canal 30 Danny Kushmer Lake Rousseau HOA Water Supply 45 Jimmy Brooks South Gulf Cove Yacht Club Water Conservation 40 Terri Behling PR/MRWSA Board Meeting West Central Fl. WRAP 50 Colleen Thayer Sarasota Chamber of Commerce West Central Fl. WRAP 25 Colleen Thayer Marion County Commission Rainbow and Silver Springs MFL 20 Marty Kelly Tampa Bay Assoc. of Environmental Florida Springs 40 David Dewitt Professionals Braden River and Lower Peace Manatee Chamber of Commerce 12 Michael Heyl MFLs Citrus County Commission Citrus County Water Supply Issues 50 Dave Moore DeSoto/Charlotte Farm Bureau Trends in Water Management 300 Dave Moore American Groundwater Trust Hillsborough River Watershed 25 Dave Moore American Groundwater Trust Same as above 25 Dave Moore Rotary Club of Brandon Water Conservation 25 Rand Frahm

16 Item 45

Organization Topic Aud. Speaker USDA Water Well Inspection Forum Well Design 100 Tony Gilboy USDA Water Well Inspection Forum Groundwater Challenges 100 Tony Gilboy Hillsborough River TAC Water Shortage Orders 12 Lois Sorenson Sun Coast Golf Course Assoc. Water Shortage Orders 47 Lois Sorenson Sarasota Shrine Club Alternative Water Supplies 48 Ross Morton 2007 Leadership Manatee Water Conservation 40 Ross Morton November 2007 Southeastern University District Overview/Water Issues 10 Mark Hurst Rotary Club of East Lake Sunrise Alternative Supplies/Conservation 25 Ed Hobin Florida Engineering Society/Tampa Future Water Supplies 40 Ed Hobin Florida Shrine Association Alternative Water Supplies 70 Ed Hobin Greater Tampa Sertoma Club Current and Future Water Supplies 21 Ed Hobin Dunnellon High School Water Supply/Springs Protection 33 Ed Hobin Home Depot Water Conservation/Overview 80 Tammy Antoine Highlands County HOA SWUCA's/Water Conservation 90 Lou Kavouras Florida Engineering Society/Pinellas Comprehensive Watershed Mgt. 30 Bruce Wirth Central Florida RPC Regional Water Supply Planning 35 Chan Springstead Hernando County Masonic Lodge Sinkholes 40 Tony Gilboy Florida Assn of Sinkhole Specialists Sinkholes 160 Tony Gilboy December 2007 Rotary Club of Land O' Lakes Drought/2008 20 Ed Hobin Crystal Oaks HOA (Citrus) Drought/2008 60 Ed Hobin Ridge Manor Community Association Drought/2008 26 Ed Hobin Rotary Club of Spring Hill Central Drought/2008 18 Ed Hobin Hernando County Broadcasting Drought/2008 TV Ed Hobin Polk County Legislative Delegation West Central Florida WRAP 100 David Rathke Highlands County Legislative West Central Florida WRAP 50 David Rathke Delegation Lakeland Chamber/Gov't Affairs Com. West Central Florida WRAP 20 Danny Kushmer Hardee County Legislative Delegation West Central Florida WRAP 100 Danny Kushmer Focus on Hernando TV Interview Drought/2008 TV Jimmy Brooks Manatee County Legislative Delegation Drought/2008 50 Coleen Thayer Manatee County Legislative Delegation District Legislative Agenda 50 Coleen Thayer Manatee County Extension Service Drought/2008 62 Sylvia Durell House Committee on Environmental Drought/2008 40 Dave Moore Protection Public Land & Acquisition Conference Water and Land Management 400 Dave Moore

Benefits/Costs The benefit of the Speakers' Bureau program is the ongoing education of the public and community leaders regarding water resource management. The program provides an opportunity for interaction among the public and District staff knowledgeable in all areas of the District's statutory responsibilities and it provides a mechanism for communication of District priorities and concerns. Additionally, the program is utilized as a tool to influence behavior change in the areas of water conservation and to ensure support for the District's legislative initiatives.

Staff Recommendation:

This item is provided for the Committee's information, and no action is required.

Presenter: David Rathke, Director, Community and Legislative Affairs Department

17 Item 46

Outreach and Planning Committee January 29, 2008

Routine Reports

Comprehensive Plan Amendment and Related Reviews Report

Purpose This report is provided for the Committee’s information and shows District activity in the review of Local Government Comprehensive Plans and Amendments. Staff updates the report monthly, showing new or changed information in bold.

Background/History The District provides technical and policy information on water resources and water resource management to local governments as they prepare amendments to their local government comprehensive plans. This information encompasses all aspects of water resource management, including water supply, flood protection, water quality and natural systems, and is intended to support sound land use decisions. A number of statutory provisions direct the District in the provision of this assistance, particularly Section 373.0391, Florida Statutes (F.S.), Technical Assistance to Local Governments. As a part of the District's efforts to ensure that appropriate water resource information and policy direction is reflected in local government comprehensive plans, the District conducts reviews of local government proposed plan amendments. The state land planning agency, the Department of Community Affairs (DCA), administers this review process. Comments submitted by the District typically become a part of DCA's "objections, recommendations, and comments" report to the local government. In addition, the District will often perform informal reviews of draft plan updates working directly with local governments.

Benefits/Costs The benefits of the District's local government technical assistance program are to ensure local government elected officials have sound water resource technical and policy information as they amend their local government comprehensive plans. This helps to ensure local plans are compatible with the District's plans, programs and statutory direction. Costs for this program primarily include staff time and are budgeted in Fund 10 (Governing Board).

Staff Recommendation: See Exhibit

This item is provided for the Committee's information, and no action is required.

Presenter: Roy Mazur, Director, Planning Department

18 As of January 9, 2008

Local Government Comprehensive Plan Amendment and Related Reviews Report

DCA Comment Adopted DCA Assigned Amend. Received Request Letter Comments DCA ORC Report Amend DCA NOI In Local Government Project # Planner Type** from Gov't Received Sent Received Received Received Compliance? Comments/Issues/Objections CHARLOTTE Charlotte 07-1ER Davies EAR based 01/02/07 02/02/07 02/13/07 03/02/07 05/02/07 06/21/07 Yes EAR based Charlotte 07-2 Davies Regular 01/08/07 N/A N/A N/A N/A 08/20/07 No Returned - no approved EAR Charlotte 07-D1 Davies DRI 05/13/07 05/13/07 06/06/07 07/13/07 Resubmittal from 2006 Charlotte 08-1 Davies Regular 09/07/07 09/06/07 10/04/07 11/02/07 Charlotte 08-D1 Davies DRI 12/07/07 12/10/07 01/02/08 The Loop DRI CITRUS 06-1ER Sanders EAR Based 03/14/06 03/16/06 04/14/06 05/17/06 06/08/07 Not Rcvd Yes 16 EAR -Based Amendments Citrus 07-02 Sanders Regular 08/23/07 08/28/07 09/27/07 10/26/07 Adoption of Springs/Springshed Protection Citrus 07-D1 Sanders DRI 06/01/07 06/05/07 06/26/07 08/03/07 12/10/07 08/03/07 Yes 128 acre residential increase Inverness 07-01 Sanders Regular 04/20/07 04/26/07 05/23/07 06/27/07 175 acre residential development Inverness 07-2ER Sanders EAR Based 10/09/07 Not Rcvd 11/06/07 12/07/07 175 acre residential development DESOTO HARDEE Hardee 07-1 Springstead Regular 12/15/06 01/07/07 02/01/07 03/07/07 N/A 09/13/07 Yes Hardee 07-2 Springstead Regular 07/16/07 07/26/07 08/09/07 09/26/07 Bowling Green Springstead PSFE 01/02/08 None Schools Wauchula 07-1 Springstead Regular 10/09/07 10/10/07 11/07/07 Wauchula Springstead PSFE 01/02/08 None Schools

19 Zolfo Springs Springstead PSFE 01/02/08 None Schools HERNANDO Hernando 07-01 Sanders Regular 04/02/07 04/05/07 05/08/07 06/04/07 10/11/07 Yes 30-acre industrial land use Hernando 07-02 Sanders Regular 08/20/07 08/22/07 09/07/07 10/22/07 Overlay Districts HIGHLANDS Highlands 07-1 Springstead Regular 02/08/07 02/13/07 03/16/07 4/16/2007 N/A 09/20/07 Yes Highlands 07-2 Springstead Regular 09/13/07 09/13/07 10/10/07 11/14/2007 Lake Placid 07-1 Springstead Regular 07/13/07 07/16/07 08/23/07 9/14/2007 01/03/08 Yes Lake Placid 07-2 Springstead Regular 08/13/07 08/27/07 10/26/2007 Hillsborough 07-1 Neasman Regular 05/11/07 05/16/07 06/18/07 07/13/07 09/07/07 10/20/07 Yes No substantive comments Hillsborough 07-2 Neasman Regular 10/08/07 08/28/07 10/12/07 10/26/07 12/19/07 No substantive comments Public education amendments - No substantive Hillsborough 07PEFE1 Neasman Regular 09/11/07 09/11/07 10/10/07 comments Plant City 07-2 Neasman Regular 07/23/07 07/25/07 09/05/07 09/21/07 11/27/07 12/28/07 Yes made water supply comments Public education amendments - No substantive Plant City 07PEFE1 Neasman Regular 09/11/07 09/11/07 10/10/07 comments Tampa 07M1-1 Neasman Regular 05/07/07 05/09/07 06/04/07 07/06/07 No substantive comments Tampa 07-2 Neasman Regular 07/09/07 07/11/07 08/21/07 09/10/07 No substantive comments Public education amendments - No substantive Tampa 07PEFE1 Neasman Regular 09/11/07 09/11/07 10/10/07 comments Public education amendments - No substantive Temple Terrace 07PEFE1 Neasman Regular 09/11/07 09/11/07 10/10/07 comments Temple Terrace 08-1 Neasman Regular 12/04/07 11/30/07 12/27/07 No substantive comments LAKE 07WSA1 Sanders Regular 04/07/07 04/10/07 04/27/07 Map amendments/Wekiva Study Area LEVY 07-1 Sanders Regular 07/30/07 08/01/07 08/25/07 09/28/07 Progress Energy Nuclear Power Plant Yankeetown 08-01 Sanders EAR-Based 11/19/07 11/15/07 12/14/07 Text Amendments Commented on water quality concerns for proposed construction debris and demolition Manatee County 07-1 Neasman Regular 06/04/07 06/01/07 07/03/07 08/01/07 09/28/07 landfill. Manatee County 07-2 Neasman Regular 10/01/07 08/28/07 10/23/07 11/01/07 No substantive comments Manatee County 08PEFE1 Neasman Regular 10/26/07 11/09/07 11/28/07 School Facilities Element No substantive comments - Amendment found "in Bradenton 07-1 Neasman Regular 06/18/07 06/19/07 07/31/07 08/03/07 09/14/07 10/30/07 Yes compliance" As of January 9, 2008

Local Government Comprehensive Plan Amendment and Related Reviews Report

Anna Maria 07-1ER Neasman EAR-Based 08/15/07 08/20/07 09/20/07 10/14/07 No substantive comments EAR Review - comments addressed water supply, coastal management and stormwater Holmes Beach NA Neasman EAR 04/25/07 04/30/07 05/30/07 management. MARION 07-1 Sanders Regular 06/08/07 06/14/07 07/12/07 08/13/07 09/20/07 12/11/07 Yes/No 579 acres residential development Marion 07-2 Sanders CIE 08/01/07 08/06/07 08/22/07 09/14/07 09/26/07 Capital Improvement Plan annual update Ocala 07-01 Sanders Regular 06/21/07 06/27/07 07/27/07 08/24/07 26 acres residential development Ocala 07-02 Sanders Regular 10/01/07 10/04/07 10/30/07 12/05/07 1.41 million commercial sq. ft. PASCO Pasco 07D1 Burke DRI 12/12/06 12/14/06 01/09/07 02/09/07 Not Received Trinity Proposed Phase Transmittal Pasco 07D2 Burke DRI 12/12/06 12/14/06 01/12/07 02/09/07 Not Received Pasco Town Centre Pasco 07D3 Burke DRI 01/31/07 02/02/07 02/23/07 04/02/07 07/31/07 09/13/07 Yes Wiregrass Pasco 07-1 Burke Regular 05/23/07 05/25/07 06/22/07 07/30/07 12/11/07 11 FLUM Amendments Pasco 07D4 Burke DRI 05/24/07 05/23/07 06/18/07 07/23/07 10/12/07 11/20/07 Yes Ashley Glen Pasco 07D5 Burke DRI 08/01/07 08/07/07 08/31/07 10/05/07 Starkey Ranch Pasco 07-2 Burke Regular 09/10/07 09/13/07 10/11/07 11/14/07 12 FLUM, 3 Text Amendments + Pasadena Hills A Pasco 08-1PEFE Burke PEFE 11/26/07 11/29/07 12/06/07 Public School Facilities Element 07-1ER Burke EAR-Based 09/21/07 09/28/07 10/23/07 N/A N/A N/A N/A WITHDRAWN Text Amendments 20 Port Richey St. Leo EAR Burke EAR 12/18/06 12/21/06 01/09/07 N/A N/A N/A N/A EAR Review Zephyrhills 08-1PEFE Burke PEFE 12/10/07 N/A 01/08/08 Public School Facilities Element Zephyrhills EAR Burke EAR 11/28/06 12/08/06 01/04/07 N/A N/A N/A N/A EAR Review San Antonio EAR Burke EAR 04/09/07 04/19/07 05/08/07 N/A 07/19/07 N/A N/A EAR Review Dade City EAR Burke EAR 10/10/07 10/17/07 11/06/07 EAR Review Dade City 08-1PEFE Burke PEFE 12/03/07 N/A 12/05/07 Public School Facilities Element New Port Richey 07-1ER Burke EAR-Based 06/21/07 06/25/07 07/24/07 08/24/07 01/07/08 Text Amendments PINELLAS Belleair 07-1ER Burke EAR-Based 09/03/07 09/06/07 10/05/07 Text Amendments Belleair Beach 07-1ER Sanders EAR-Based 10/19/07 10/18/07 11/02/07 Text Amendments Belleair Bluffs 07-1ER Burke EAR-Based 10/05/07 09/27/07 10/26/07 Text Amendments Bellair Shore EAR Belangia EAR 07/27/06 07/25/06 08/23/06 N/A N/A N/A N/A EAR Review Clearwater 07-1 Belangia Regular 05/04/07 05/09/07 05/14/07 2 FLUM Changes & 1 Text Amendment Clearwater 07-2AR Sanders Regular 09/26/07 10/01/07 10/19/07 10/26/07 566 residential units Dunedin 08-1PSFE Burke PSFE 09/28/07 10/02/07 10/05/07 12/05/07 Public School Facilities Element Dunedin EAR Belangia EAR 10/02/06 10/05/06 10/16/06 N/A N/A N/A N/A EAR Review Gulfport EAR Belangia EAR 12/07/06 12/21/06 01/05/07 N/A N/A N/A N/A EAR Review Indian Shores EAR Belangia EAR 12/06/06 12/06/06 12/27/06 N/A N/A N/A N/A EAR Review Largo EAR Belangia EAR 01/10/07 01/09/07 01/19/07 N/A N/A N/A N/A EAR Review Largo 06-1 Belangia Regular 04/26/06 04/28/06 None 07/05/06 Vineyard River FLUM DCA noted deficiency in submitted ammendment Largo 07-1 Sanders Regular 02/20/07 02/20/07 04/20/07 on 12/26/06 Largo 07-2AR Burke Regular 07/25/07 07/30/07 07/31/07 08/23/07 11/01/07 7 FLUM Amendments Madeira Beach EAR Belangia EAR 12/11/06 12/12/06 12/27/06 N/A N/A N/A N/A EAR Review N. Redington Beach EAR Sanders EAR 02/01/07 Not Received 03/02/07 N/A N/A N/A N/A EAR Review N. Redington Beach 07-1ER Sanders EAR 06/23/07 06/26/07 08/22/07 09/25/07 10-Year Water Supply Plan Oldsmar EAR Sanders EAR 01/31/07 Not Received 03/02/07 N/A N/A N/A N/A EAR Review Oldsmar ASRPP Sanders Regular 08/29/07 Not Rcvd 09/13/07 Public School Facilities Element Redington Beach EAR Belangia EAR N/A N/A N/A N/A EAR Review Redington Shores EAR Belangia EAR 02/01/07 03/02/07 N/A N/A N/A N/A EAR Review Pinellas County 07PEFE-1 Burke PSFE 08/28/07 09/05/07 08/31/07 Public School Facilities Element Pinellas County 06-02 Sanders Regular 01/17/07 01/12/07 02/05/07 Yes Text Amendments As of January 9, 2008

Local Government Comprehensive Plan Amendment and Related Reviews Report

DCA Comment Adopted DCA Assigned Amend. Received Request Letter Comments DCA ORC Report Amend DCA NOI In Local Government Project # Planner Type** from Gov't Received Sent Received Received Received Compliance? Comments/Issues/Objections Pinellas Park EAR Sanders EAR 03/23/07 N/A N/A N/A N/A EAR Review Pinellas Park 07PEFE-1 Burke PEFE 10/16/07 10/18/07 10/19/07 Public School Facilities Element Capital Improvement Element, DCA will NOT Safety Harbor 06CIE1 Belangia CIE 01/20/06 None None DCA will not review N/A N/A N/A Review. Safety Harbor EAR Belangia EAR 12/29/06 01/09/07 01/17/07 N/A N/A N/A N/A EAR Review Seminole EAR Belangia EAR 04/24/07 04/30/07 05/10/07 N/A N/A N/A N/A EAR Review South Pasadena EAR Belangia EAR 04/24/07 05/01/07 05/10/07 N/A N/A N/A N/A EAR Review St. Petersburg 07-2 Sanders Regular 10/15/07 Not Received 10/19/07 Public School Facilities Element St. Petersburg EAR Sanders EAR 12/12/06 03/07/07 03/30/07 N/A N/A N/A N/A EAR Review Tarpon Springs EAR Belangia EAR 12/04/06 12/06/06 01/04/07 N/A N/A N/A N/A EAR Review POLK Polk County 07-1 Springstead Regular 03/12/07 03/16/07 05/14/07 05/16/07 N/A 08/09/07 Yes Polk County 07-D1 Springstead DRI 06/21/07 06/25/07 07/18/07 08/23/07 12/19/07 Yes Polk County 07-2 Springstead Regular 09/10/07 09/12/07 10/22/07 11/15/07 Auburndale 07-1 Springstead Regular 09/06/07 09/12/07 None 11/13/07 Bartow 07-1 Springstead Regular 10/18/07 10/23/07 None 12/06/07 1 LU change - County to City - no increase in demand Dundee 08-1 Springstead Regular 11/05/07 11/08/07 None 01/09/08 Eagle Lake 07-1 Springstead Regular 06/15/07 06/15/07 None 08/14/07 11/19/07 Yes

21 Frostproof 07-2 Springstead Regular 08/24/07 08/27/07 10/17/07 11/01/07 Haines City 07-1ER Springstead EAR-based 02/05/07 02/07/07 03/16/07 04/09/07 N/A 08/22/07 Yes Haines City 07-2 Springstead Regular 08/06/07 08/06/07 08/10/07 10/22/07 Lake Alfred 07-1 Springstead Regular 04/13/07 04/18/07 None 06/18/07 N/A 08/31/07 Yes No Comments Lake Wales 07-1 Springstead Regular 08/01/07 08/02/07 None 10/01/07 11/16/07 12/28/07 Yes Lake Wales 07-2 Springstead Regular 10/03/07 10/04/07 None 12/05/07 Lakeland 07-1 Springstead Regular 06/11/07 06/13/07 None None N/A 10/03/07 Yes Not Reviewed by DCA Lakeland 07-1PEFE Springstead Schools 10/19/07 10/22/07 None 11/27/08 Schools Element Mulberry 07-1 Springstead Regular 06/01/07 05/30/07 None 07/31/07 Res Low to Commercial & Conservation Polk City 07-1 Springstead Regular 07/05/07 07/03/05 08/10/07 08/31/07 Winter Haven 07-1 Springstead Regular 04/26/07 05/01/07 None 07/03/07 N/A 08/31/07 Yes Winter Haven 07-2 Springstead Regular 08/29/07 09/04/07 None 11/01/07 SARASOTA Sarasota 07-D1 Davies DRI 02/08/07 02/12/07 None 04/11/07 08/03/07 09/13/07 No SIPOC - FLUM amendment Sarasota 07-1ISBA Davies Regular 06/13/07 06/13/07 07/06/07 08/17/07 11/05/07 12/28/07 Yes No comments City of Sarasota 07-2A Davies Regular 04/04/07 None 06/29/07 10/29/07 10/12/07 Yes City of Sarasota 07-1 Davies Regular 04/04/07 04/09/07 None 06/29/07 07/05/07 08/15/07 Yes 5/11/07 notification received to not review City of Sarasota 07-2B Davies Regular 05/02/07 05/04/07 None 09/04/07 11/07/07 Yes 2 FLUM amendments Venice 07-2ER Davies EAR based 07/09/07 07/19/07 08/14/07 09/17/07 Longboat Key 07-1ER Davies EAR based 04/24/07 04/26/07 05/25/07 06/23/07 EAR-based amendments Sumter 07-2 Sanders Regular 07/24/07 08/06/07 08/27/07 10/02/07 12/12/07 Yes 60-acre sand mine Sumter 06-2 Sanders Regular 07/27/06 07/31/06 08/28/06 09/26/06 02/14/07 Not Rcvd N/A 100 residential units Bushnell 06-1 Sanders Regular 10/05/06 10/11/06 11/03/06 12/12/06 04/09/07 Not Rcvd N/A 297 acre annexation Center Hill 06-1 Sanders Regular 03/23/06 04/11/06 05/05/06 06/21/06 11/03/06 01/11/07 Yes 1,500 acre annexation Center Hill 06-2 Sanders Regular 06/30/06 07/12/06 08/04/06 09/12/06 Not Rcvd Not Rcvd N/A 600 homes Wildwood 07D1 Sanders DRI 07/24/07 07/26/07 08/23/07 09/25/07 3,000 homes Wildwood 07D2 Sanders DRI 07/24/07 07/26/07 08/23/07 09/25/07 2,262 homes Wildwood 07-1 Sanders Regular 07/06/07 06/29/07 07/27/07 08/27/07 1,632 acre annexation Wildwood 06-1 Sanders Regular 10/10/06 10/19/06 11/17/06 12/13/06 Not Rcvd Not Rcvd N/A 1,777 acre annexation Center Hill 07-2 Burke Regular 05/25/07 06/27/07 07/24/07 08/24/07 11/15/07 11/30/07 Yes Text Amendments

NOTES As of January 9, 2008

Local Government Comprehensive Plan Amendment and Related Reviews Report

DCA Comment Adopted DCA Assigned Amend. Received Request Letter Comments DCA ORC Report Amend DCA NOI In Local Government Project # Planner Type** from Gov't Received Sent Received Received Received Compliance? Comments/Issues/Objections ** Amendment Types may include: Regular; DRI; EAR Based; Water Supply Plan; ASRPP

Evaluation and Appraisal Reports (EARs) are not plan amendements but are required every 7 years. EAR-Based amendments are required 18 months after the report is determined to be sufficient by the State.

Key to Abbreviations: DCA = FL Dept. of Community Affairs ORC Report = Objections, Recommendations & Comments NOI = Notice of Intent = Determination by DCA whether amendment is in compliance with statutes and rules EAR = Evaluation and Appraisal Report DRI = Development of Regional Impact PRD = Preliminary Review Determination ASRPP=DCA pilot program for Pinellas and Broward Counties, and the cities of Tampa and Hialeah 22 Item 47

Outreach and Planning Committee January 29, 2008

Routine Reports

Development of Regional Impact Activity Report

Purpose This report is provided for the Committee's information and shows District activity in the review of Developments of Regional Impact (DRIs). Staff updates the report monthly, showing new or changed information in bold.

Background/History The District participates in the review of Developments of Regional Impact (DRIs) pursuant to Section 380.06, Florida Statutes. DRI's are large-scale development projects that exceed statutorily specified thresholds such that the project is assumed to have potential impacts that transcend multiple local government jurisdictions. The District is one of several agencies that are required to participate in the review process, which is administered by the regional planning councils. The District has also entered into memoranda of agreement with the Central Florida, Southwest Florida, Tampa Bay and Withlacoochee regional planning councils to more specifically outline the District's DRI review responsibilities. The District provides water resource management technical and policy information to the regional planning councils and local governments to assist them in making well-informed growth management decisions.

Benefits/Costs The benefits of the District's DRI review program are to ensure regional planning councils and local government elected officials have sound water resource technical and policy information as they consider large scale development proposals. This helps to ensure these developments are compatible with the District's plans, programs and statutory directives. Costs for this program primarily include staff time and are budgeted in Fund 10 (Governing Board).

Staff Recommendation: See Exhibit

This item is provided for the Committee's information, and no action is required.

Presenter: Roy Mazur, Director, Planning Department

23 Page 1 of 3 As of January 9, 2008 DRI Activity Report

Sufficiency Final Assigned Appl. Pre-App Receipt Comments Comments Project Name Planner Govt's Project Type Acreage Type Mtg. Date Date Sent Sent Comments

CFRPC Application originally submitted in April, 2000, Phosphate April 2000 subsequently put on hold, then reactivated with Ona Mine Springstead Hardee Mine 20,595 ADA 7/11/05 5/2/05 the 5-2-05 submittal FL International Airport/ Mixed Significant transportation improvements may Aiport Springstead Hardee & Polk Use 22,400 ADA 3/23/05 accompany this major project. Four Corners Town Commercial center (open air mall) at SR 54 and Center Springstead Polk Commercial 130 ADA 3/1/05 7/7/05 HWY 27 in NE Polk County Mosaic Regional Process Water Project to address water storage and water Treatment Pond Springstead Polk Industrial 173 SD 6/23/05 8/8/05 quality at Mosaic chemical plants. Village of Valencia Lake Springstead DeSoto County Mixed Use 4,000 ADA 10/30/07

24 Major new project proposed in eastern DeSoto Carlton Ranch Springstead DeSoto Mixed Use 5,860 ADA 8/8/05 County; 17,000 homes proposed SWFRPC

Harborview Davies Charlotte Co. Mixed Use 653 SD 11/17/2006 Pre-App only

Harborview Davies Charlotte Co. Mixed Use 653 SD 11/17/2006 8/20/07 9/20/07 ADA Suffiency The Loop at Punta Rayo Davies Charlotte Co. Mixed Use 204 ADA 10/18/07 none none 3rd Suffiency - no comments

Isles of Athena Davies North Port Mixed Use 5,740 ADA 9/10/07 10/11/07 3rd Suffiency Punta Gorda Town Center Davies Punta Gorda Mixed Use 195.6 Pre-App 9/21/2005 9/15/05 Pre-App only so far

North Port Gardens Davies Sarasota Co. Mixed Use 513 ADA 11/1/2007 2nd Suffiency Lakewood Ranch Corporate Park Davies Sarasota Co. Mixed Use 513 NOPC 9/26/2007 none none TBRPC 05/24/2007 Proposes the addition of 70 acres to existing Fishhawk Ranch Neasman Hillsborough Residential 70 NOPC 4/24/07 08/06/2007 DRI. 03/01/06 08/15/06 12/18/06 Proposal to add 812 residential units, 120,000 sf University Lakes Neasman Manatee Mixed Use 4,033 NOPC 3/1/06 07/27/07 of office and 405 hotel rooms. Page 2 of 3 As of January 9, 2008 DRI Activity Report

Sufficiency Final Assigned Appl. Pre-App Receipt Comments Comments Project Name Planner Govt's Project Type Acreage Type Mtg. Date Date Sent Sent Comments Phosphate Proposal to add 299 acres to Four Corners Four Corners Mine Neasman Manatee Mining 299 NOPC 2/19/07 3/22/07 boundary. 04/10/2007 Proposes to add 60,578 sf of commercial University Commons Neasman Manatee Commercial 30 NOPC 3/16/07 10/02/2007 development. Proposes the addition of 103 acres and other Mosaic SE Tract Phosphate changes to connect property with the Wingate (Manson-Jenkings) Neasman Manatee Mining 103 NOPC 7/20/07 8/15/07 Creek.

Mosaic Wingate Phosphate Proposes changes to mine plan, setback area, Creek Mine Neasman Manatee Mining N/A NOPC 7/20/07 8/15/07 waste disposal plan and trucking route. On the Gulf of Mexico, near Aripeka. District is SunWest 3/6/2007 3/23/2007 co-applicant. 2,570 res; 540,000 sf office/retail; Harbourtowne Burke Pasco Mixed Use 2,640 ADA 3/26/07 10/03/07 11/01/07 hotel; marina; golf course.

Connerton Renner Pasco Mixed Use 1,115 NOPC 12/27/05 Development of Village 5

25 Extension request, Transportation analysis Bexley Ranch Burke Pasco Mixed Use NOPC 7/25/07 7/31/07 changes unused shift office entitlements, add Research Suncoast Crossings Burke Pasco Mixed Use 66 NOPC 7/20/07 7/31/07 and Development uses

Tampa Bay Regional Planning Council is asking for more comments in order to consider the Bay Area Outlet Mall Belangia Largo Mixed Use 34 NOPC 4/24/06 N/A changes proposed not a Substantial Deviation. 10/11/2006 Developer provided answers to questions Largo Town Center Belangia, 10/3/2006 01/22/07 proposed in regards to traffic generation and (AKA) Bay Area Burke & 01/18/07 04/05/07 specific development order changes./ Declared Outlet Mall Sanders Largo Mixed Use 34 NOPC 09/21/07 10/19/07 sufficient. Extend buikld out date, add 136K mediucal Belangia & 4/5/2007 4/23/2007 office space, 115 residential units, reduce Trinity Communities Burke Pasco & Pinellas Mixed Use 4 NOPC 10/01/07 10/05/07 commnercial/retail use. Increase Residential Units, Inclusion of a Gateway Centre Belangia Pinellas Park Mixed Use 558 NOPC 7/18/05 8/19/05 Museum Land Use Response to questions posed on Transportation Gateway Centre Belangia Pinellas Park Mixed Use 558 NOPC 5/2/07 N/A issues. WRPC

Beverly Hills Sanders Citrus Mixed Use 630 SD 4/16/07 3/9/07 Reduction of 254 residential units

Beverly Hills Sanders Citrus Mixed Use N/A NOPC N/A 5/24/07 6/1/07 Model home sales center Page 3 of 3 As of January 9, 2008 DRI Activity Report

Sufficiency Final Assigned Appl. Pre-App Receipt Comments Comments Project Name Planner Govt's Project Type Acreage Type Mtg. Date Date Sent Sent Comments

9/11/06 Secret Promise Sanders Lake Mixed Use 3,747 ADA 12/29/05 8/21/06 8/06/07 9.211 residential units

Timber Pines Sanders Hernando Mixed Use N/A NOPC N/A 7/7/07 7/20/07 30-bed assisted living facility

Villages Sanders Sumter Mixed Use 340 SD 6/18/2007 5/21/07 Third Town Center

Landstone Sanders Sumter Mixed Use 4,159 ADA 5/14/2007 3/12/07 12/17/07 8,025 Residential Units

On Top of the World Sanders Marion Mixed Use 101 NOPC N/A 11/2/07 11/21/07 101 residential units

Quarry Preserve Sanders Hernando Mixed Use 4,250 ADA 6/7/2007 5/29/07 1,900 residential units 06/29/07 Wildwood Springs Sanders Sumter Mixed Use 1,025 ADA 09/25/06 6/1/07 11/14/07 3,000 Residential Units Key to Abbreviations: CFRPC: Central Florida Regional Planning Council WRPC: Withlacoochee Regional Planning Council 26 SWFRPC: Southwest Florida Regional Planning Council ADA: Application for Development Approval TBRPC: Tampa Bay Regional Planning Council NOPC: Notice of Proposed Change SD: Substantial Deviation DRI: Development of Regional Impact Notes: For NOPCs and SDs, acreage shown represents the proposed change in project area Bold text indicates a change from previous report D. Regulation Committee Governing Board Meeting January 29, 2008

Regulation Committee

Discussion Items

48. Consent Item(s) Moved for Discussion

49. Water Shortage Actions ...... (15 minutes) ...... 2 (Strategic Plan: Water Supply – Conservation)

50. Approve Interagency Agreement Regarding Uniform Year- Round Water Conservation and Water Shortage Measures for Marion County ...... (20 minutes) ...... 3 (Strategic Plan: Water Supply – Conservation)

51. Final Approval of Amendments to 40D-2.301(2), 40D-2.091, and 40D-2.321, F.A.C., Conditions for Issuance of Permits, and Part B, Basis of Review, of the Water User Permit Information Manual to Clarify Environmental Resource Permit and Water Use Permit (WUP) Requirements to Obtain a 20-Year WUP for Long-Term Phased Projects ...... (10 minutes) ...... 7 (Strategic Plan: Water Supply - Regional Water Supply Planning)

Submit & File Reports – None

Routine Reports

52. Demand Management Activities ...... 12

53. Overpumpage Report ...... 14

54. Southern Water Use Caution Area Quantities ...... 21

55. Water Production Supply Summary ...... 23

56. Public Supply Benchmarks ...... 53

57. Resource Regulation Significant Initiatives Report ...... 55 Item 49

Regulation Committee January 29, 2008

Discussion Item

Water Shortage Actions

Background Since the current rainfall deficit began over twenty-one months ago, the District has issued nine emergency authorizations to assist specific public water systems with drought-related water supply concerns.

The District responded to the drought on a regional basis on January 9, 2007, issuing Water Shortage Order No. SWF 07-02. This Order declared once-per-week lawn watering restrictions and other modified "Phase II" (Severe Water Shortage) restrictions for the entire sixteen county area. The Governing Board has extended this Order three times, most recently at is meeting on November 26, 2007.

Current Conditions District staff continues to monitor rainfall, ground water levels, stream flow and other drought indicators specified in the District's Water Shortage Plan. Details can be found in the monthly Hydrologic Conditions report, biweekly drought updates for the Florida Department of Environmental Protection and weekly news releases.

As of January 8, 2008, no immediate need to strengthen regional restrictions has been identified. However, below-normal rainfall in the southeastern portion of the District remains a concern, especially in light of how that deficit has resulted in low surface water flows and impeded efforts by the Peace River / Manasota Regional Water Supply Authority (Authority) to refill its reservoir and replenish its Aquifer Storage and Recovery (ASR) wellfields.

Other Activities District staff has been coordinating with the Authority, Englewood Water District, and Charlotte County regarding a possible emergency authorization to facilitate the temporary transfer of water from the Englewood Water District to Charlotte County Utilities, an action which would offset demand that would otherwise need to be met by withdrawals from the Authority's reservoir and ASR wellfields. On January 17, 2008, the Authority's board of directors will meet to discuss this possible transfer as part of it's ongoing water supply and water quality management efforts.

Staff will be available to provide a brief presentation regarding the outcome of that discussion, including any resulting emergency authorization.

Staff Recommendation:

Governing Board concurrence with any new emergency authorization.

Presenter: Richard S. Owen, AICP, Deputy Executive Director, Resource Regulation

2 Item 50

Regulation Committee January 29, 2008

Discussion Item

Approve Interagency Agreement Regarding Uniform Year-Round Water Conservation and Water Shortage Measures for Marion County

The District's boundaries are primarily based on Florida's hydrogeologic features, such as river basin boundaries. As a result, some local governments are located partially in the District and partially in an adjacent water management district. Western Marion County is within the District, but eastern Marion County in the St. Johns River Water Management District (SJRWMD), and the border between the two agencies being generally contiguous with the route of Interstate 75.

Subsection 373.046(6), Florida Statutes, provides that where a local government crosses water management district boundaries, the affected districts may designate a single affected district by interagency agreement to implement regulations in that area.

As previously reported, District staff and colleagues from the SJRWMD have been collaborating on an effort which will result in uniform lawn and landscape irrigation measures, both for year- round water conservation measures and for water shortage restrictions for all of unincorporated Marion County. This effort is viewed as a pilot for all five water management districts, with the results to be used to address similar situations throughout the state.

To effectuate this goal, an Interagency Agreement has been drafted. The current draft is included as an exhibit. In the absence of a drought, this Agreement will allow all of unincorporated Marion County to follow the year-round water conservation measures adopted by the SJRWMD. During a drought, however, this Agreement will allow the District to declare water shortage measures for the eastern (SJRWMD) portion of the County in addition to its existing authority in the western portion. The proposed Agreement has an initial term of one year, during which time the SJRWMD and, if necessary, the District will have an opportunity to enter into rulemaking for the purpose of developing more consistent lawn and landscape irrigation measures. Such rulemaking changes may necessitate a change in the terms of the Agreement.

Staff recommendation: See Exhibit

(1) Authorize the Executive Director to finalize and execute the Interagency Agreement, the draft of which is shown in the exhibit; and (2) Authorize the Executive Director, after the Agreement is executed, to modify Water Shortage Order No. SWF 07-02 to expand the affected area to include the eastern portion of Marion County in accordance with the Interagency Agreement.

Presenter: Ken Weber, P.G., Water Use Permitting Program Director

3 INTERAGENCY AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REGARDING YEAR-ROUND WATER CONSERVATION LANDSCAPE IRRIGATION RULES, WATER SHORTAGE DECLARATIONS, AND WATER SHORTAGE EMERGENCY DECLARATIONS WITHIN THE JURISDICITIONAL BOUNDARIES OF MARION COUNTY, FLORIDA

THIS INTERAGENCY AGREEMENT is made on ______, 2008, and entered into by and between the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (“SJRWMD”) and the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (“SWFWMD”), (collectively “Districts”) with the concurrence of the BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA (“County”).

WITNESSETH:

WHEREAS, Marion County is located within the jurisdictional boundaries of both Districts; and

WHEREAS, the County has informed the Districts of its desire to adopt and enforce a uniform countywide water conservation ordinance for year-round landscape irrigation and to enforce water shortages orders and water shortage emergency orders issued by the Districts; and

WHEREAS, because the Districts currently have rules regarding year-round water conservation and water shortages that are different in some respects, the County is unable to adopt a uniform countywide water conservation ordinance for landscape irrigation and enforcement of water shortage orders and water shortage emergency orders; and

WHEREAS, the Districts believe that it is in the best interest of the water resources and the public if the County is able to enact a uniform water conservation ordinance for landscape irrigation and the enforcement of water shortage orders and water shortage emergency orders that will apply within all unincorporated areas of the County; and

WHEREAS, pursuant to subsection 373.046(6), Florida Statutes (F.S.), when a geographic area of a local government crosses water management district boundaries, the affected districts may designate, by interagency agreement, a single affected district to implement in that area under the rules of the designated district, all or part of the applicable regulatory responsibilities.

NOW, THEREFORE, SJRWMD and SWFWMD, under the authority of subsection 373.046(6), F.S., hereby agree as follows:

1. SWFWMD is designated as the agency with the authority to declare water shortages and water shortage emergencies pursuant to sections 373.175 and 373.246 and

4 Chapter 40D-21, Florida Administrative Code, (F.A.C.), within all unincorporated areas of the County.

2. During any time period other than when a water shortage or water shortage emergency has been declared by SWFWMD as described in paragraph 1, SJRWMD is designated as the agency with the authority to regulate under Part II, Chapter 373, F.S., those consumptive uses of water for landscape irrigation that do not meet or exceed any permitting threshold in Rule 40C-2.041(1)(a)-(d), F.A.C. Consequently, in the absence of a SWFWMD declaration of water shortage or water shortage emergency within the County, the provisions of SJRWMD’s landscape irrigation rule (Rule 40C-2.042(2) (a),(b)and(d)) shall be in full force and effect within all unincorporated areas of the County.

3. This Agreement shall commence upon execution by all parties and shall expire one year from the date of this Agreement unless renewed by the parties in writing. This Agreement may only be renewed and otherwise amended by written agreement of the parties.

4. The Districts shall initiate discussions with each other regarding possible renewal and other modifications to this Agreement no later than six months prior to the expiration date of this Agreement.

IN WITNESS WHEREOF, each party or its lawful representative has executed this Agreement on the day and year first above written.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

Attest:______By:______David L. Moore Executive Director

Date:______

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Attest: ______By:______Kirby B. Green III Executive Director

5 Date:______Approved as to Legal Form and Content

______SWFWMD Attorney

Concur:

By: ______

Chairman, BOCC of Marion County

6 Item 51

Regulation Committee January 29, 2008

Discussion Item

Final Approval of Amendments to 40D-2.301(2), 40D-2.091, and 40D-2.321 F.A.C., Conditions for Issuance of Permits and Part B, Basis of Review, of the Water User Permit Information Manual to Clarify Environmental Resource Permit and Water Use Permit (WUP) Requirements to Obtain a 20-Year WUP For Long-Term Phased Projects

At the September 2007 meeting, the Governing Board authorized initiation of rulemaking to address issues concerning large-scale, multi-phase projects that require both a Water Use Permit (WUP) and an Environmental Resource Permit (ERP). It had been suggested by several in the development community that the current rules linking the two permitting programs, as well as permit duration constraints, were limiting the optimal development of alternative water supplies and conjunctive use systems.

Current rules generally do not allow water use permits to be issued until any necessary ERP applications related to the project are complete. For multi-phase projects, it is typical to submit several ERP applications over time as the project progresses, but the current rules essentially limit the District to both reviewing the project and issuing permits one phase at a time. This approach can limit the potential of alternative water supplies and conjunctive use systems that could be more optimally planned and designed by viewing the project as a whole rather than as individual phases.

Based on public input received through meetings, correspondence, and a rulemaking workshop, staff has developed rule language that incentivizes the development of alternative water supplies/conjunctive use systems for large-scale, multi-phase projects. The proposed rules:

1. Allow a Conceptual ERP to fulfill the requirement that a completed ERP is precedent to issuance of the WUP; 2. Establish minimum requirements needed to allow WUP issuance; 3. Allow 20-year permits for projects developing significant alternative water sources/conjunctive use systems, including standby ground water quantities. To qualify for this incentive, at least 75% of the project's long-term (build-out) irrigation water needs would need to be satisfied by alternative water supplies/conjunctive uses. It is recognized that, where not constrained by standard rule criteria, higher ground water quantities may be required in earlier phases of a qualified project, but these quantities would diminish as alternative sources/conjunctive use systems come online over the project term.

To address the uncertainty inherent in long-term projects, the WUP would require five year compliance reports and re-evaluation of water demands and sources at submittal of each Individual ERP (construction) application. Based on information from these reports, the WUP would be modified if appropriate.

If the Board approves the rule amendments, District staff will complete the rulemaking process without further Governing Board action, unless substantive public comment is received or material substantive changes are proposed.

Staff Recommendation: See Exhibit

Approval of amendments to 40D-2.301(2), 40D-2.091, and 40D-2.321 F.A.C., Conditions for Issuance of Permits and Part B, Basis of Review, of the Water User Permit Information Manual presented in the exhibit.

Presenters: Ken Weber, Water Use Program Director, Regulation Performance Mgt. Dept. Karen Lloyd, Assistant General Counsel, Office of General Counsel

7 Southwest Florida Water Management District Rule Amendments Regarding Long-term, Multi-Phase Projects Using Significant Percentage of AWS for Irrigation Draft 1-8-08

40D-2.301 Conditions for Issuance of Permits. (1) In order to obtain a Water Use Permit, an Applicant must demonstrate that the water use is reasonable and beneficial, is in the public interest, and will not interfere with any existing legal use of water, by providing reasonable assurances, on both an individual and a cumulative basis, that the water use: (a) – (n) No change. (2) For projects which require both an ERP and a WUP, an application for an ERP shall be completed prior to issuance of the WUP when the design of the surface water management system can affect the quantities developed from the project site and the quantities needed to supply project water demands from other sources. The application may be for a Conceptual Environmental Resource Permit, provided that the application contains information from which supplemental irrigation demands, potable water demands, other use demands and water supply quantities derived from the surface water management system can be calculated. If the District determines that a permit application involves an area where the Water Use Permit may not be granted because of water resource problems, the requirement for a complete Environmental Resource Permit application may be waived by the District. Where such waivers are granted, the Water Use Permit shall specify that a well construction permit will not be issued and that withdrawals cannot commence until the appropriate District surface water permit is issued. (3) No change.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.219, 373.223, 373.229, F.S. History – Readopted 10-5-74, Amended 12-31-74, 2-6-78, 7-5-78, Formerly 16J-2.11, 16J-2.111, Amended 1-25-81, 10-1-89, 2-10-93, 8-3-00, 4-14-02, 1- 1-07, ______.

40D-2.321 Duration of Permits. (1) The District shall determine the duration of a Water Use Permit, including Standby Permits, based on the degree and likelihood of potential adverse impacts to the water resource or existing users. (2) The duration of a water use permit shall not exceed six years when: (a) The permit is for a new use greater than or equal to 500,000 gpd; (b) The District determines there is a potential for significant adverse impacts and further evaluation is needed to develop an effective mitigation plan; or (c) The permit is for a renewal to significantly increase quantities. (3) The duration of a water use permit shall not exceed 10 years when: (a) The permit is for a new use less that 500,000 gpd; (b) The permit is for a renewal with an effective mitigation plan to address potential adverse impacts; or (c) The permit is for a renewal with no significant modification.

8 (4) If the District determines that a permit term longer than 10 years is appropriate based on facts presented by an Applicant, the District shall issue a permit for a period up to 50 years in accordance with Section 373.236, F.S. (5) Where a permit is required for the development of Alternative Water Supplies, such permit will be granted for a duration of 20 years. If the permittee issued bonds for the project’s construction, the permit shall be extended for the time required to retire the bonds, in accordance with Section 373.236(4), F.S. (6) For projects that will meet at least 75% of supplemental irrigation demands during average annual rainfall conditions with Alternative Water Supplies through a conjunctive use system at project build-out, an applicant may request a 20 year permit duration for Alternative Water Supplies and ground water quantities, including those for standby for temporary or permanent losses of Alternative Water Supplies. Where the project requires a complete Environmental Resource Permit (ERP) pursuant to Rule 40D- 2.302(2), a permit condition shall be applied that requires the permittee to re-evaluate water demands and sources at the submittal of any Individual ERP applications pertaining to the project. If the re-evaluation indicates sources or demands have changed from those presented in the original application, the water use permit shall be modified to take into account the updated information, provided, however, that the water use shall continue to meet all conditions for issuance for a water use permit . (7)(6) Permits with annual average daily withdrawals of less than 500,000 gpd shall be eligible for extension of the expiration date in accordance with procedures set forth in Section 1.9 of the District’s “Basis of Review for Water Use Permit Applications” as described in Rule 40D-2.091, F.A.C. (8) Where necessary to maintain reasonable assurances that the conditions for issuance continue to be met, a permit condition shall be applied that requires reports at specified times that demonstrate continuing compliance with conditions for issuance and the permit. For permits with a 20 year duration, the compliance report provisions Section 373.236(3), F.S., shall apply.

Specific Authority 373.044, 373.103, 373.113, 373.171, F.S. Law Implemented 373.103, 373.171, 373.236 F.S. History - Readopted 10-5-74, Amended 12-31-74, 10-24-76, 1-6- 82, 3-11-82, Formerly 16J-2.13, Amended 10-1-89, 7-28-98, 1-1-03, 1-1-07, ______.

40D-2.091 Publications Incorporated by Reference.

The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request: (1) Water Use Permit Information Manual Part B, "Basis of Review (_____10/07) and Part D, "Requirements for the Estimation of Permanent and Temporal Service Area populations in the Southern Water Use Caution Area (1/07); (2) – (6) No change.

Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171,

9 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243, F.S. History – New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7- 22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1- 07, 8-23-07, 10-1-07, ______.

The following provision of the Basis of Review, incorporated by reference in 40D-2.091, F.A.C., is proposed to be amended as shown:

Basis of Review Section 3.1 Determining Reasonable Quantities

PERMITS WITH ALTERNATIVE WATER SUPPLIES IN THE SWUCA

New Permits--If an application includes the use of Alternative Water Supplies to supply all or a portion of the requested demand, and the applicant demonstrates that, through no fault of the applicant, the Alternative Water Supplies are vulnerable to becoming unavailable, insufficient or unsuitable for the authorized use, upon request by the applicant, a permit will be issued that puts use of the non-alternative source on standby status, provided the withdrawal and use of the non-alternative water supply source meets all the conditions for issuance. The standby quantity will be for an amount equal to the quantity offset by the Alternative Water Supplies. This standby quantity is to be used only when the Alternative Water Supplies become unavailable, insufficient or unsuitable; or economically, technically or environmentally infeasible for the authorized use. In no case will the standby quantity exceed the permitted quantity. New 1-1-07.

Existing Permits--Where Alternative Water Supplies provide all or a portion of permitted quantities, and if requested by the applicant, a permit will be issued that puts use of the water source on standby status, in an amount equal to the quantity offset by the Alternative Water Supplies. This standby permit is to be used only when, for reasons outside the Permittee's control, the Alternative Water Supplies become unavailable, insufficient or unsuitable for the authorized use; or economically, technically or environmentally infeasible. In no case will the standby quantity exceed the permitted quantity. New 1-1-07.

Loss of Alternative Water Supplies--Where a permittee is to use an Alternative Water Supply in lieu of a non-Alternative Water Supply and the Alternative Water Supply becomes temporarily (exceeding 30 days) insufficient or unsuitable, the permittee shall notify the District in writing within 15 days of the event. Such notification shall be submitted monthly for each subsequent 30 days, for up to one year from the date of first loss, while the supply of alternative water supplies remains insufficient or unsuitable for the authorized use. During this time, the withdrawal of standby quantities is allowed to meet the authorized use up to the maximum amount of the permitted standby quantities. If the loss of the Alternative Water Supplies exceeds one year, the District shall issue a Letter of Modification, subject to all requirements of Rule 40D-2.331(2), F.A.C., to

10 modify the non-alternative water supplies quantities that may be withdrawn. If the standby permit is for a withdrawal within the SWUCA, a Letter of Modification shall be issued to modify the quantities that may be withdrawn even if the quantities to be withdrawn exceed the quantity thresholds included in Rule 40D-2.331(2), F.A.C. New 1-1-07, ______.

11 Item 52

Regulation Committee January 29, 2008

Routine Report

Demand Management

Background & Past Regulatory Responses The District's Demand Management Program includes administration of the Water Shortage Plan (Rule 40D-21, Florida Administrative Code), Year-Round Water Conservation Measures (Rule 40D-22, F.A.C.) and public supply water conservation efforts in support of Water Use Permitting activities.

Since the current rainfall deficit began over twenty-one months ago, the District has issued nine emergency authorizations to assist specific public water systems with drought-related water supply concerns. The District has also responded to the drought by issuing Water Shortage Order No. SWF 07-02 on January 9, 2007 to declare regional once-per-week lawn watering restrictions and other modified "Phase II" water shortage measures. The Governing Board has extended this Order three times, most recently at its meeting on November 26, 2007, at which point the expiration date was changed to June 30, 2008 with the understanding that more stringent measures will be taken in the interim where necessary.

Current Conditions & New Regulatory Responses District staff continues to monitor rainfall, ground water levels, stream flow and other drought indicators specified in the District's Water Shortage Plan. For more information, including any new regulatory responses, please refer to the "Water Shortage Actions" item in the discussion portion of the Regulation Committee's agenda.

Public Outreach Outreach remains an integral part of regional Demand Management efforts. Staff also continues to maintain the toll-free hotline (1-800-848-0499) and an e-mail address ([email protected]) that citizens and local officials use to ask questions, report possible violations, and request water conservation information. Calls and e-mails often result in follow-up activity, including: first-time restriction violation letters, enforcement referrals to local governments, written clarifications, face-to-face meetings and requests for speaking engagements. Such customized outreach efforts augment and complement the District's water conservation messaging.

Local Assistance In addition to supporting local governments through emergency authorizations, other regulatory responses and normal hotline services, staff also provides water conservation technical assistance upon request. For example, as reported last month, Marion County endeavors to have uniform lawn watering measures (both year-round water conservation and, when necessary, extra water shortage responses) and staff has been working with colleagues from the St. Johns River Water Management District on an Interagency Agreement that will facilitate countywide consistency. For more information, please refer to the "Approval of the Interagency Agreement" item in the discussion portion of the Regulation Committee's agenda.

Interagency Coordination A statewide summit on drought issues, including water supply and wildfire concerns, is scheduled for January 15, 2008. Any necessary policy-level follow-up discussions will be factored into the quarterly statewide regulatory coordination meeting that is scheduled for the

12 Item 52 following day. The Interagency Agreement for Marion County (referenced above) will factor into agenda items regarding ongoing efforts to (1) improve consistency between the water management districts and (2) systematically address any remaining differences in year-round water conservation measures and water shortage declarations in all shared jurisdictions.

Staff also continues to regularly compile a drought status report that Department of Environmental Protection uses to keep other state agencies and the Governor's Office fully informed regarding conditions and impacts. These reports supplement Secretary Sole's regular coordination calls with agency heads. In addition to water shortage notification and consultation efforts based on the current drought, staff also remains active in other statewide initiatives, such as ongoing participation in Conserve Florida that is summarized in Resource Regulation's Significant Activities report.

Staff Recommendation:

This item is provided for the Committee’s information, and no action is required.

Presenter: Paul O'Neil, P.E., Director, Regulation Performance Management Department

Overpumpage Activity Report November 2007

Table 1. Overpumpage Report Summary

Projects Under Preparing for RPM / Justified/Closed Since Consent Order Service Active Files in Legal Review Legal Previous Report Monitoring Total Files Office (Table 5) (Table 2) (Table 3) (Table 4) (Table 6)

Previous Current Previous Current Previous Current Previous Current Previous Current Previous Current Month Month Month Month Month Month Month Month Month Month Month Month Bartow 0 0 0 0 3 0 4 4 0 0 7 4

Brooksville 9 7 2 2 0 5 8 6 3 2 22 22

Sarasota 3 2 1 1 0 3 1 1 0 0 5 7 14 Tampa 4 3 0 0 0 2 1 1 0 0 5 6

Totals 16 12 3 3 3 10 14 12 3 2 39 39

RPM = Regulation Performance Management Department

Overpumpage Report November 2007

Table 2. Projects Under Review (1) Months on Permit No. Permit Holder (2) Service Office Use Type Report New Since Previous Report 2012590.000 Rivendell Joint Venture R 1 Sarasota 2012907.000 D. R. Horton, Inc. R 1 Sarasota 2011429.002 Hunter's Green R 1 Tampa Continuing From Previous Report 2012517.000 Silverthorn, LLC R 2 Brooksville 2002319.004 Holiday Water Works Corp. P 3 Brooksville 2012545.003 Southern Hills Plantation R 3 Brooksville

15 2002296.003 St. Leo College Inc. P 6 Brooksville 2003673.004 Suntacc & Company Inc. R 6 Brooksville 2008639.001 Timber Pines Community R 7 Brooksville 2000923.005 Traveler’s Rest RV Park P 11 Brooksville 2008410.004 Russell Weiss A 2 Tampa 2009551.001 Wentworth Golf Club, Inc. R 2 Tampa

(1) These projects are under review by the Service Office and have not been determined to be in non-compliance at this time (2) Use Types: P = Public Supply R = Recreational A = Agricultural MD = Mining/Dewatering IC = Industrial/Commercial

Overpumpage Report November 2007

Table 3. Preparing for Regulation Performance Management / Legal (1) Original Permitted Current Use Report Date Permit No. Permit Holder (2) Annual Annual Average Use Service Office Type Annual Avg. Use Average Percent Over Percent Over New Since Previous Report

None

Continuing From Previous Report 6/27/07 11/27/07 2012843.001 Vikings LLC R 263,000 gpd 500,427 gpd 691,296 gpd Brooksville 16 90.3% 162.9%

1/27/07 11/27/07 2011589.002 Lexington Oaks Golf 54 LLC R 310,000 gpd 311,496 gpd 319,056 gpd Brooksville 0.5% 2.9%

02/28/07 11/27/07 2010483.003 Bill and Hiram Saffold A 400,000 gpd 418,100 gpd 717,912 gpd Sarasota 4.5% 79.5%

(1) Preliminary determination that permit is in non-compliance; file being prepared for or under review by Regulation Performance Management (2) Use Types: P = Public Supply R = Recreational A = Agricultural MD = Mining/Dewatering IC = Industrial/Commercial

Overpumpage Report November 2007

Table 4. Justified / Closed Since Previous Report (1) (2) Permit No. Permit Holder Use Type Months on Report Service Office

2010266.002 Pulte Homes Corp. R 1 Brooksville 2008165.003 Marion County Utilities (Quail Meadows) P 11 Brooksville 2009727.005 Friedrich Schiller A 5 Sarasota 2012606.000 FC LLC & Myakka Ranch Holdings A 5 Sarasota 2009648.006 Thomas Beddard A 9 Sarasota 2007681.004 Stephens Road Farm A 1 Tampa 2010161.004 Lowry Park Zoo R 1 Tampa Closed from Legal 17 Hernando County Water and Sewer 2002983.008 P 17 Brooksville (West Hernando) Hernando County Water and Sewer 2004842.012 P 18 Brooksville (Spring Hill) 2007299.003 LWV Utilities, Inc. P 18 Brooksville

(1) Determination that Permit is in compliance – no further action (2) Use Types: P = Public Supply R = Recreational A = Agricultural MD = Mining/Dewatering IC = Industrial/Commercial Overpumpage Report November 2007

Table 5. Active Files in Legal (1)

Use Permitted Original Report Date Current Permit Holder (2) Annual Annual Average Use Annual Average Use Service Office Type Average Percent Over Percent Over New Since Previous Report

None

Continuing From Previous Report 07/26/06 11/27/07 Sun’ N Lakes of Sebring P 1,006,200 gpd 1,054,200 gpd 1,190,038 gpd Bartow 4.8% 18.3%

18 06/28/06 10/26/07* Sebring Land LP & Highlands P 223,700 gpd 275,833 gpd 288,282 gpd Bartow 23.3% 28.9%

05/26/06 10/26/07* John G Wood P, R 89,900 gpd 109,485 gpd 71,849 gpd Bartow 21.8% (19.3)%

01/31/06 09/26/07* Country Club Utilities, Inc. P 183,000 gpd 256,852 gpd 252,033 gpd Bartow 40.4% 37.7%

05/26/06 11/27/07 City of Zephyrhills P 2,746,000 gpd 2,950,504 gpd 2,817,071 gpd Brooksville 7.4% 2.5%

05/26/06 11/27/07 Pasco County Utilities (Lake Jovita) P 327,000 gpd 331,981 gpd 403,973 gpd Brooksville 1.5% 23.5%

(1) Regulation Performance Management concurs with non-compliance and file in Legal for enforcement (2) Use Types: P = Public Supply R = Recreational A = Agricultural MD = Mining/Dewatering IC = Industrial/Commercial *Current pumpage information not available due to permit holder non-submittal of data

Overpumpage Report November 2007

Table 5. Active Files in Legal (1)

Use Permitted Original Report Date Current Permit Holder (2) Annual Annual Average Use Annual Average Use Service Office Type Average Percent Over Percent Over 11/28/06 11/27/07 Citrus County Utilities P 2,575,000 gpd 2,645,779 gpd 3,016,289 gpd Brooksville (Citrus Springs/Pine Ridge) 2.7% 17.1% 06/28/06 11/27/07 Spruce Creek Development R 445,800 gpd 462,416 gpd 530,201 gpd Brooksville 3.7% 18.9%

06/28/06 11/27/07 Lindrick Service Corporation P 870,000 gpd 882,547 gpd 695,876 gpd Brooksville 1.4 % (20.2)% 19 04/27/06 11/27/07 Citrus County Utilities (Sugarmill Woods) P 2,010,000 gpd 2,552,635 gpd 2,850,085 gpd Brooksville 26.9% 41.7%

04/27/07 11/27/07 H.C. and W.E. Saffold A 678,400 gpd 685,200 gpd 775,942 gpd Sarasota 1.0% 14.4%

10/28/06 11/27/07 Spencer Farms, Inc. A 274,700 gpd 602,959 gpd 337,537 gpd Tampa 119.5% 22.8%

Table 6. Consent Order Monitoring (1) Original Report Permitted Current Use Date GB Apprvd Permit Holder (2) Annual Annual Average Use Service Office Type Annual Average Use CO Date Average Percent Over Percent Over New Since Previous Report

None

Continuing From Previous Report 11/2000 11/27/07 Aloha Utilities P 2,040,000 gpd 2,885,176 gpd 3,661,286 gpd Brooksville 3/2002 41.4% 79.4% 05/26/06 11/27/07

20 Sun Country Estates/Paddock Down P 633,000 gpd 714,197 gpd 688,364 gpd Brooksville 3/2007 (Windstream Utilities) 12.8% 8.7%

(1) Legal pursued enforcement action and a Consent Order has been signed; corrective actions are now being monitored for compliance (2) Use Types: P = Public Supply R = Recreational A = Agricultural MD = Mining/Dewatering IC = Industrial/Commercial *Current pumpage information not available due to permit holder non-submittal of data SOUTHERN WATER USE CAUTION AREA

FLORIDAN AQUIFER PERMITTED QUANTITIES December 25, 2007

1,300

1,250

1,200

1,150 21

1,100

1,050

Million Gallons Per Day 1,000 Annual Average Quantities

950

900 Jul-98 Jul-99 Jul-00 Jul-01 Jul-02 Jul-03 Jul-04 Jul-05 Jul-06 Jul-07 Mar-99 Mar-00 Mar-01 Mar-02 Mar-03 Mar-04 Mar-05 Mar-06 Mar-07 Nov-98 Nov-99 Nov-00 Nov-01 Nov-02 Nov-03 Nov-04 Nov-05 Nov-06 Nov-07 MONTH-YEAR

January 2008 1/08/08 Governing Board SOUTHERN WATER USE CAUTION AREA

INTERMEDIATE AQUIFER PERMITTED QUANTITIES December 25, 2007

115

105

22 The SWUCA Recovery Strategy

95 anticipates that up to an additional 35 MGD will be obtained from the surficial and intermediate aquifers. Million Gallons Per Day Million Gallons 85

Annual Average Quantities

75 Jul-98 Jul-99 Jul-00 Jul-01 Jul-02 Jul-03 Jul-04 Jul-05 Jul-06 Jul-07 Mar-99 Mar-00 Mar-01 Mar-02 Mar-03 Mar-04 Mar-05 Mar-06 Mar-07 Nov-98 Nov-99 Nov-00 Nov-01 Nov-02 Nov-03 Nov-04 Nov-05 Nov-06 Nov-07

MONTH-YEAR

January 2008 1/08/08 Governing Board Tampa Bay Water Annual Average / Monthly Production (MGD)

Calendar Year 2000

Ground Water Surface Water

Consolidated Tampa Hills. Tampa Bay Water Enhanced Surface Water Project SCHRWF BUDWF US 301 Int. TBW Desal Permit Int. ESWP Total (1) TBC Middle Pool TBC Lower Pool Alafia River Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Month Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Jan 153.98 145.53 22.43 21.55 0.00 0.00 0.65 0.55 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Feb 155.93 170.24 22.54 23.00 0.00 0.00 0.63 0.48 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Mar 158.39 189.57 22.58 24.78 0.00 0.00 0.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Apr 159.03 193.88 22.34 25.68 0.00 0.00 0.49 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 May 161.02 210.55 22.78 30.93 0.00 0.00 0.41 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jun 163.14 178.13 23.03 23.91 0.00 0.00 0.35 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jul 161.68 132.13 23.02 20.46 0.00 0.00 0.31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Aug 160.55 130.97 22.97 20.48 0.00 0.00 0.27 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Sep 159.94 133.73 22.93 20.18 0.00 0.00 0.23 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Oct 160.94 152.90 23.29 25.20 0.00 0.00 0.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Nov 162.61 170.51 23.49 24.66 0.00 0.00 0.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 23 Dec 164.80 169.29 23.62 22.63 0.00 0.00 0.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

Calendar Year 2001

Ground Water Surface Water

Consolidated Tampa Hills. Tampa Bay Water Enhanced Surface Water Project SCHRWF BUDWF US 301 Int. TBW Desal Permit Int. ESWP Total (1) TBC Middle Pool TBC Lower Pool Alafia River Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Month Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Jan 166.93 171.33 23.62 21.55 0.06 0.67 0.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Feb 167.21 173.56 23.55 22.14 0.19 1.63 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Mar 165.33 166.72 23.14 19.88 0.35 1.87 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Apr 161.48 147.79 22.92 22.96 0.50 1.83 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 May 157.83 166.73 22.59 27.07 0.66 1.86 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jun 155.14 145.96 22.42 21.78 0.78 1.49 0.03 0.33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jul 155.58 137.32 22.25 18.46 0.87 1.05 0.08 0.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Aug 156.93 147.24 22.40 22.23 0.87 0.00 0.14 0.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Sep 156.66 130.58 22.62 22.84 0.87 0.00 0.19 0.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Oct 155.63 140.45 22.74 26.68 0.87 0.00 0.25 0.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Nov 153.35 143.20 23.13 29.30 1.73 0.00 0.32 0.79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Dec 150.78 138.57 23.26 24.28 0.87 0.00 0.34 0.24 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tampa Bay Water Annual Average / Monthly Production (MGD)

Calendar Year 2002

Ground Water Surface Water

Consolidated Tampa Hills. Tampa Bay Water Enhanced Surface Water Project SCHRWF BUDWF US 301 Int. TBW Desal Permit Int. ESWP Total (1) TBC Middle Pool TBC Lower Pool Alafia River Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Month Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Jan 147.55 132.37 23.20 20.72 1.04 2.76 0.34 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Feb 144.30 134.50 23.10 20.95 1.31 4.84 0.34 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Mar 142.47 144.75 23.42 23.76 1.50 4.12 0.36 0.27 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Apr 142.81 151.98 23.59 25.00 1.51 1.98 0.40 0.43 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 May 144.02 181.43 23.83 29.93 1.77 5.01 0.41 0.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jun 144.41 150.45 23.89 22.53 2.05 4.86 0.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jul 143.43 125.55 23.60 14.94 2.35 4.60 0.34 0.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Aug 141.41 122.84 23.09 16.15 2.84 5.91 0.32 0.48 0.00 0.00 0.00 0.00 0.11 1.27 0.01 0.11 0.10 1.17 0.00 0.00 Sep 139.72 110.44 22.61 17.06 3.29 5.34 0.29 0.33 0.00 0.00 0.00 0.00 1.40 15.48 1.06 12.66 0.33 2.82 0.00 0.00 Oct 137.23 110.75 22.24 22.21 3.42 1.58 0.27 0.41 0.00 0.00 0.00 0.00 3.56 25.98 2.56 17.99 1.00 7.99 0.00 0.00 Nov 134.15 106.07 21.54 20.94 3.60 2.24 0.20 0.00 0.00 0.00 0.00 0.00 5.90 28.06 3.27 8.52 2.63 19.54 0.00 0.00 24 Dec 130.27 91.99 21.09 18.90 3.88 3.34 0.18 0.01 0.00 0.00 0.00 0.00 8.39 29.91 4.82 18.59 3.57 11.33 0.00 0.00

Calendar Year 2003

Ground Water Surface Water

Consolidated Tampa Hills. Tampa Bay Water Enhanced Surface Water Project SCHRWF BUDWF US 301 Int. TBW Desal Permit Int. ESWP Total (1) TBC Middle Pool TBC Lower Pool Alafia River Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Month Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Jan 126.10 82.36 21.07 20.47 4.00 4.19 0.18 0.01 0.00 0.00 0.00 0.00 12.32 47.18 8.46 43.70 3.86 3.48 0.00 0.00 Feb 121.32 77.26 21.14 21.73 3.89 3.55 0.19 0.06 0.00 0.00 0.00 0.00 16.34 48.21 10.72 27.04 4.56 8.35 1.07 12.81 Mar 117.19 95.11 20.92 21.21 3.76 2.52 0.28 1.38 0.00 0.00 0.09 1.04 18.91 30.86 12.88 25.99 4.67 1.32 1.36 3.56 Apr 112.14 91.29 20.70 22.27 3.97 4.51 0.34 1.10 0.00 0.00 1.30 14.50 21.63 32.65 13.82 11.28 5.85 14.14 1.97 7.23 May 104.85 94.20 20.23 24.35 3.92 4.43 0.53 2.43 0.00 0.00 3.20 22.86 23.68 24.54 14.28 5.42 7.26 17.02 2.14 2.10 Jun 98.46 73.52 20.03 20.12 3.73 2.56 0.72 2.28 0.00 0.00 3.76 6.72 27.67 47.94 17.39 37.32 8.15 10.63 2.14 0.00 Jul 93.51 66.01 20.53 20.90 3.59 2.88 0.89 2.17 0.00 0.00 3.77 0.17 32.47 57.58 22.05 55.92 8.15 0.00 2.28 1.67 Aug 88.55 63.42 20.81 19.52 3.45 4.21 0.85 0.00 0.00 0.00 4.02 2.96 36.87 54.06 26.08 48.47 8.16 1.31 2.64 4.28 Sep 86.14 81.42 21.32 23.16 3.23 2.72 0.97 1.84 0.00 0.00 4.48 5.52 38.72 37.72 27.96 35.30 8.13 2.43 2.64 0.00 Oct 82.83 71.26 21.58 25.38 3.43 4.00 1.12 2.15 0.00 0.00 5.39 10.93 40.32 45.11 28.87 28.90 8.29 9.91 3.16 6.30 Nov 79.66 67.98 21.93 25.17 3.65 4.83 1.24 1.45 0.00 0.00 6.22 9.94 42.06 48.90 30.38 26.63 7.67 12.08 4.01 10.19 Dec 78.51 78.03 22.33 23.64 3.71 4.12 1.41 2.09 0.08 0.91 7.30 13.01 42.55 35.88 28.88 0.64 8.77 24.51 4.91 10.72 Tampa Bay Water Annual Average / Monthly Production (MGD)

Calendar Year 2004

Ground Water Surface Water

Consolidated Tampa Hills. Tampa Bay Water Enhanced Surface Water Project SCHRWF BUDWF US 301 Int. TBW Desal Permit Int. ESWP Total (1) TBC Middle Pool TBC Lower Pool Alafia River Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Month Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Jan 76.80 62.00 22.49 22.40 3.78 5.06 1.57 1.85 0.22 1.68 9.07 21.18 42.12 41.94 25.66 4.97 10.55 24.85 5.92 12.12 Feb 75.26 58.77 22.39 20.58 3.95 5.57 1.57 0.09 0.50 3.42 10.25 14.18 42.47 52.49 25.60 26.37 11.02 14.05 5.85 12.07 Mar 73.82 77.95 22.64 24.13 4.17 5.10 1.55 1.16 0.77 3.23 10.41 3.00 44.55 55.75 26.17 32.85 11.83 11.06 6.54 11.84 Apr 74.97 104.99 23.03 27.04 4.13 4.08 1.67 2.47 1.09 3.83 9.45 2.94 44.71 34.56 25.23 0.00 12.73 24.88 6.75 9.68 May 76.37 111.20 23.58 30.88 4.01 3.02 1.70 2.83 1.34 2.96 7.92 4.47 45.31 31.76 24.78 0.00 13.46 25.77 7.07 5.99 Jun 82.02 140.92 24.14 26.91 4.06 3.17 1.60 1.05 1.40 0.75 7.72 4.29 41.37 0.68 21.71 0.42 12.57 0.00 7.09 0.26 Jul 83.63 85.64 24.14 20.82 4.32 5.97 1.48 0.72 1.40 0.04 7.85 1.77 40.54 47.62 19.78 32.78 13.31 8.87 7.45 5.98 Aug 85.23 82.52 23.82 15.75 4.56 7.09 1.48 0.08 1.47 0.79 7.73 1.58 39.81 45.32 17.98 26.92 14.17 11.66 7.66 6.74 Sep 84.60 73.87 23.35 17.45 4.83 5.90 1.38 0.62 1.47 0.00 7.33 0.66 40.87 50.43 15.92 10.60 17.20 38.72 7.75 1.11 Oct 84.65 72.06 22.99 21.14 4.92 5.16 1.39 2.22 1.47 0.00 6.61 2.27 42.07 59.55 16.52 36.02 18.31 23.29 7.25 0.24 Nov 85.38 76.58 22.95 24.68 4.91 4.71 1.45 2.22 1.47 0.00 5.83 0.56 43.33 63.98 14.92 7.47 20.31 36.00 8.11 20.51 25 Dec 85.69 81.89 22.83 22.21 4.93 4.38 1.44 1.98 1.39 0.00 4.75 0.07 44.80 53.48 14.87 0.00 21.48 38.59 8.45 14.89

Calendar Year 2005

Ground Water Surface Water

Consolidated Tampa Hills. Tampa Bay Water Enhanced Surface Water Project SCHRWF BUDWF US 301 Int. TBW Desal Permit Int. ESWP Total (1) TBC Middle Pool TBC Lower Pool Alafia River Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Month Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Jan 87.01 77.57 22.80 22.05 4.89 4.48 1.41 1.52 1.25 0.00 2.99 0.06 46.27 59.58 14.45 0.00 22.47 36.73 9.35 22.85 Feb 90.79 104.15 23.07 23.79 4.79 4.38 1.58 2.10 0.97 0.00 1.92 1.35 45.06 38.04 12.26 0.00 23.11 21.79 9.70 16.25 Mar 90.91 79.43 22.83 21.24 4.75 4.61 1.52 0.47 0.70 0.00 1.72 0.62 45.16 56.95 10.07 6.66 25.28 37.00 10.93 26.71 Apr 90.56 100.80 22.73 25.85 4.74 4.00 1.32 0.00 0.38 0.00 1.71 2.80 45.95 43.96 10.10 0.27 25.06 22.25 11.99 22.30 May 90.47 110.00 22.33 26.04 4.74 3.01 1.08 0.00 0.24 1.31 1.66 3.91 46.38 36.97 10.10 0.00 24.88 23.69 12.70 14.54 Jun 85.96 87.01 21.70 19.40 4.73 3.12 0.99 0.00 0.37 2.32 1.30 0.00 50.41 49.07 13.02 35.52 28.70 45.78 15.26 31.04 Jul 86.72 94.66 21.51 18.54 4.60 4.37 0.93 0.00 0.37 0.00 1.16 0.00 49.97 42.30 17.85 90.77 31.71 45.05 18.73 47.57 Aug 87.74 94.67 21.86 19.89 4.47 5.47 0.93 0.00 0.30 0.00 1.03 0.00 50.27 48.88 22.41 81.60 34.76 48.26 20.76 31.14 Sep 92.28 128.48 22.18 21.32 4.38 4.92 0.88 0.00 0.36 0.71 0.97 0.00 48.06 23.98 25.67 49.69 35.18 43.77 22.23 18.76 Oct 95.71 113.09 22.08 20.00 4.41 5.41 0.69 0.00 0.36 0.00 0.78 0.00 45.86 33.15 23.13 5.59 36.85 43.23 23.98 21.24 Nov 97.97 103.91 21.60 18.84 4.51 6.00 0.51 0.00 0.36 0.00 0.73 0.00 44.37 46.08 23.98 17.61 36.52 32.11 23.38 13.29 Dec 98.90 92.89 21.21 17.51 4.66 6.15 0.39 0.59 0.36 0.00 0.73 0.00 43.42 42.03 23.98 0.00 36.10 33.58 23.35 14.49 Tampa Bay Water Annual Average / Monthly Production (MGD)

Calendar Year 2006

Ground Water Surface Water

Consolidated Tampa Hills. Tampa Bay Water Enhanced Surface Water Project SCHRWF BUDWF US 301 Int. TBW Desal Permit Int. ESWP Total (1) TBC Middle Pool TBC Lower Pool Alafia River Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Month Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Jan 100.54 97.30 21.03 19.94 4.78 5.91 0.33 0.78 0.36 0.00 0.72 0.00 42.30 46.16 23.98 0.00 34.48 17.29 21.82 4.49 Feb 100.10 98.87 20.78 20.84 4.76 4.16 0.22 0.77 0.36 0.00 0.61 0.00 42.52 40.72 25.92 23.31 36.24 42.88 21.53 12.73 Mar 102.62 109.73 21.28 27.16 4.68 3.66 0.28 1.17 0.36 0.00 0.56 0.00 42.23 53.41 25.36 0.00 34.16 12.01 19.62 3.84 Apr 105.33 133.29 21.87 32.95 4.74 4.65 0.37 1.17 0.36 0.00 0.33 0.00 43.05 53.90 25.34 0.00 32.46 1.90 17.76 0.00 May 107.50 135.98 22.28 30.95 4.85 4.35 0.46 1.09 0.25 0.00 0.00 0.00 44.78 57.67 25.34 0.00 30.59 1.16 16.55 0.00 Jun 110.46 122.69 22.68 24.25 5.00 4.91 0.56 1.13 0.06 0.00 0.00 0.00 45.34 55.79 22.38 0.00 27.10 3.97 14.60 7.60 Jul 110.18 91.29 22.84 20.46 5.01 4.56 0.65 1.12 0.06 0.00 0.00 0.00 46.15 51.97 14.82 0.00 24.15 9.68 12.56 23.09 Aug 113.33 132.34 22.77 19.01 5.06 6.06 0.74 1.03 0.07 0.13 0.00 0.00 43.35 15.33 8.02 0.00 22.99 34.25 12.55 31.10 Sep 111.98 112.25 22.43 17.27 5.19 6.50 0.82 1.03 0.01 0.00 0.00 0.00 43.41 24.67 7.65 45.29 22.72 40.61 14.54 42.56 Oct 111.60 108.41 22.94 26.10 5.29 6.55 0.91 1.03 0.01 0.00 0.00 0.00 44.85 50.45 7.35 1.99 20.64 18.26 14.00 14.86 Nov 111.99 108.60 23.31 23.28 5.35 6.78 1.00 1.03 0.01 0.00 0.00 0.00 44.76 45.05 5.88 0.00 18.14 2.08 13.74 10.13 Dec 112.69 101.57 23.51 19.87 5.39 6.57 1.03 1.03 0.01 0.00 0.00 0.00 45.65 52.70 5.88 0.00 15.62 3.29 13.09 6.70 26 Calendar Year 2007

Ground Water Surface Water

Consolidated Tampa Hills. Tampa Bay Water Enhanced Surface Water Project SCHRWF BUDWF US 301 Int. TBW Desal Permit Int. ESWP Total (1) TBC Middle Pool TBC Lower Pool Alafia River Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Month Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Jan 112.93 100.02 23.31 17.62 5.44 6.57 1.05 1.05 0.01 0.00 0.00 0.00 45.26 41.45 5.88 0.00 14.36 2.26 13.68 11.55 Feb 112.50 93.95 23.25 20.11 5.49 4.76 1.08 1.03 0.01 0.00 0.00 0.00 45.68 45.76 3.94 0.00 10.98 2.26 13.75 13.60 Mar 112.07 104.23 22.86 22.46 5.79 7.16 1.06 1.03 0.01 0.00 0.00 0.00 45.67 53.25 3.94 0.00 10.04 0.71 14.06 7.56 Apr 111.35 124.52 22.10 23.85 5.87 5.64 1.05 1.04 0.01 0.00 0.48 5.70 45.32 49.72 3.94 0.00 9.94 0.73 14.17 1.26 May 112.03 144.42 22.47 35.32 5.51 0.00 1.05 1.03 0.01 0.00 1.41 11.20 44.39 46.53 3.94 0.00 9.86 0.24 14.17 0.00 Jun 111.18 112.58 22.56 25.38 5.10 0.00 1.04 1.03 0.01 0.00 2.70 15.45 43.34 43.16 3.94 0.00 9.68 1.75 13.54 0.12 Jul 113.06 113.78 22.85 23.88 4.72 0.00 1.03 1.04 0.01 0.00 3.30 7.27 42.09 36.95 3.94 0.00 9.94 12.85 12.22 7.24 Aug 112.20 121.88 23.12 22.35 4.21 0.00 1.05 1.24 0.00 0.00 3.97 7.98 42.58 21.29 6.28 28.10 13.48 76.77 11.90 27.27 Sep 112.77 119.25 23.63 23.38 3.67 0.00 1.08 1.34 0.00 0.00 4.56 7.09 42.31 21.40 3.69 14.16 14.69 55.06 10.63 27.29 Oct 112.72 107.73 23.08 19.47 3.12 0.00 1.10 1.34 0.00 0.00 6.44 22.63 39.93 21.95 3.68 1.93 18.22 60.60 12.73 40.08 Nov 113.55 118.60 23.01 22.40 2.56 0.00 1.18 1.91 0.00 0.00 7.98 18.49 37.78 19.18 3.71 0.37 20.15 25.22 12.31 5.02 Dec 116.08 131.91 23.39 24.51 2.01 0.00 1.22 1.53 0.00 0.00 8.88 10.71 34.86 17.68 3.71 0.00 20.97 13.20 11.77 0.27 AAD 121.00 24.10 6.00 85.00 17.51

Note SCHRWF - South Central Hillsborough Regional Wellfield ESWP - Enhanced Surface Water Project (Surface Water Delivered to the Regional TBW Water Treatment Plant) BUDWF - Brandon Urban Disbursed Wellfield (1) - TBC Middle Pool, TBC Lower Pool, and Alafia River may not sum to ESWP (does not include reservoir-filling quantities) Peace River / Manasota Regional Water Supply Authority and Member Governments Annual Average / Monthly Production (MGD)

Calendar Year 2000

PRMRWSA SW PRMRWSA ASR GW Charlotte Co. GW DeSoto Co. GW Sarasota Co. GW Manatee Co. SW Manatee Co. GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 7.41 0.01 1.46 1.43 0.38 0.44 0.22 0.17 6.57 10.15 29.81 31.73 13.22 13.69 Feb 6.71 2.31 1.86 4.83 0.38 0.49 0.22 0.23 6.72 9.70 30.28 33.98 13.18 13.92 Mar 5.98 0.00 2.18 4.77 0.39 0.56 0.23 0.26 6.83 10.02 30.65 37.90 13.18 12.81 Apr 5.98 0.00 2.08 4.56 0.39 0.47 0.23 0.24 6.85 10.08 30.53 36.04 13.16 12.89 May 5.74 0.00 1.97 4.73 0.39 0.43 0.23 0.26 7.08 10.51 30.57 34.65 13.24 13.79 Jun 4.69 0.00 2.04 3.90 0.39 0.32 0.24 0.27 7.29 7.58 30.53 25.72 13.28 13.29 Jul 4.89 5.89 2.24 2.48 0.40 0.35 0.23 0.26 7.45 6.33 30.47 24.78 13.15 12.19 Aug 4.84 11.22 2.24 0.02 0.40 0.31 0.23 0.24 7.78 7.44 30.01 23.14 13.41 14.11 Sep 4.70 9.69 2.25 0.08 0.40 0.33 0.23 0.24 8.09 7.15 29.82 24.12 13.52 13.27 Oct 4.77 6.21 2.50 3.00 0.41 0.45 0.23 0.26 8.44 8.99 30.01 27.65 13.36 12.64 Nov 3.75 0.00 2.90 4.79 0.41 0.34 0.24 0.26 8.63 7.99 30.05 32.58 13.17 11.70 27 Dec 2.94 0.00 3.24 4.33 0.41 0.41 0.25 0.26 8.77 9.27 30.11 29.07 13.10 12.96

Calendar Year 2001

PRMRWSA SW PRMRWSA ASR GW Charlotte Co. GW DeSoto Co. GW Sarasota Co. GW Manatee Co. SW Manatee Co. GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 2.94 0.00 3.47 4.11 0.41 0.47 0.26 0.27 8.67 8.98 30.06 31.15 13.03 12.77 Feb 2.75 0.00 4.06 11.95 0.41 0.51 0.25 0.21 8.65 9.50 29.93 32.39 12.93 12.80 Mar 2.75 0.00 4.48 9.85 0.41 0.49 0.25 0.27 8.65 9.94 29.10 27.87 12.89 12.31 Apr 3.05 3.63 4.43 3.93 0.37 0.00 0.25 0.24 8.56 9.08 28.83 32.82 12.93 13.33 May 3.05 0.00 4.45 4.98 0.40 0.88 0.25 0.19 8.50 9.75 28.85 34.96 12.84 12.72 Jun 4.00 11.38 4.24 1.32 0.40 0.34 0.24 0.13 8.53 7.95 29.04 27.91 12.78 12.53 Jul 4.19 8.16 4.03 0.00 0.40 0.28 0.23 0.20 8.52 6.18 27.92 11.35 12.78 12.25 Aug 3.77 6.20 4.03 0.00 0.40 0.33 0.23 0.28 8.42 6.22 28.12 25.55 12.73 13.53 Sep 3.48 6.22 4.02 0.00 0.40 0.35 0.24 0.27 8.47 7.83 28.21 25.18 12.76 13.57 Oct 4.24 15.32 3.77 0.01 0.40 0.37 0.24 0.31 8.31 7.02 28.56 31.91 12.71 12.02 Nov 5.00 9.14 3.37 0.00 0.41 0.47 0.24 0.29 8.35 8.42 28.58 32.75 12.94 14.48 Dec 5.08 0.89 3.01 0.02 0.41 0.43 0.24 0.28 8.24 8.04 28.88 32.72 13.08 14.62 Peace River / Manasota Regional Water Supply Authority and Member Governments Annual Average / Monthly Production (MGD)

Calendar Year 2002

PRMRWSA SW PRMRWSA ASR GW Charlotte Co. GW DeSoto Co. GW Sarasota Co. GW Manatee Co. SW Manatee Co. GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 6.02 10.94 2.87 3.06 0.41 0.43 0.24 0.23 8.15 8.03 29.27 29.19 13.24 14.71 Feb 6.68 8.56 2.12 2.12 0.40 0.48 0.25 0.32 8.04 8.01 29.02 29.60 13.41 15.02 Mar 7.51 9.82 1.42 1.63 0.41 0.52 0.25 0.28 8.16 11.38 29.31 31.02 13.61 14.61 Apr 7.48 3.28 1.51 5.08 0.45 0.50 0.26 0.31 8.31 10.87 29.51 35.24 13.69 14.29 May 7.48 0.00 1.47 4.49 0.41 0.40 0.27 0.29 8.18 8.30 29.68 37.36 13.82 14.27 Jun 8.30 21.29 1.75 4.70 0.40 0.27 0.28 0.31 8.12 7.19 29.69 29.24 13.98 14.58 Jul 8.95 15.83 1.93 2.08 0.40 0.28 0.34 0.87 7.97 4.43 30.70 25.50 14.19 14.71 Aug 10.02 18.84 1.93 0.05 0.40 0.26 0.39 0.85 7.85 4.79 30.62 24.68 14.26 14.37 Sep 11.13 19.71 1.93 0.00 0.39 0.33 0.38 0.26 7.69 5.87 30.37 22.08 14.35 14.60 Oct 12.05 26.17 1.93 0.00 0.39 0.35 0.39 0.35 7.73 7.54 30.08 28.54 14.47 13.43 Nov 13.07 21.54 1.93 0.00 0.39 0.41 0.40 0.41 7.61 6.97 29.91 30.70 14.27 12.06 28 Dec 14.69 20.32 1.49 0.00 0.39 0.40 0.41 0.40 7.44 6.41 28.88 22.64 14.15 13.11

Calendar Year 2003

PRMRWSA SW PRMRWSA ASR GW Charlotte Co. GW DeSoto Co. GW Sarasota Co. GW Manatee Co. SW Manatee Co. GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 15.31 18.42 1.24 0.00 0.39 0.46 0.42 0.35 7.54 9.17 28.51 24.80 14.19 15.22 Feb 16.06 17.48 1.06 0.00 0.39 0.49 0.42 0.39 7.56 8.30 28.13 25.01 14.29 16.21 Mar 16.69 17.42 1.06 1.59 0.39 0.49 0.43 0.37 7.32 8.45 27.58 27.41 14.29 14.67 Apr 17.21 9.53 1.54 10.84 0.38 0.48 0.43 0.33 7.30 10.57 27.62 35.03 14.32 14.57 May 17.49 3.36 2.13 11.65 0.38 0.37 0.44 0.41 7.28 8.14 27.09 30.08 14.27 13.68 Jun 16.54 9.81 2.29 3.30 0.38 0.31 0.45 0.37 7.28 7.16 26.85 25.72 14.27 14.62 Jul 17.20 23.81 2.31 0.29 0.39 0.31 0.43 0.61 7.55 7.53 26.62 22.72 14.38 16.05 Aug 17.31 20.09 2.31 0.00 0.39 0.30 0.39 0.39 7.74 7.06 26.20 19.69 14.53 16.21 Sep 17.37 20.50 2.31 0.00 0.39 0.31 0.40 0.42 7.88 7.40 26.09 20.69 14.61 15.56 Oct 17.00 21.74 2.31 0.00 0.40 0.41 0.40 0.40 7.86 7.31 25.93 26.67 14.77 15.26 Nov 16.97 21.21 2.31 0.00 0.40 0.46 0.40 0.41 7.94 7.73 25.78 28.90 15.03 15.21 Dec 16.83 18.64 2.31 0.03 0.40 0.46 0.41 0.41 7.86 5.52 26.17 27.32 15.22 15.34 Peace River / Manasota Regional Water Supply Authority and Member Governments Annual Average / Monthly Production (MGD)

Calendar Year 2004

PRMRWSA SW PRMRWSA ASR GW Charlotte Co. GW DeSoto Co. GW Sarasota Co. GW Manatee Co. SW Manatee Co. GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 16.63 15.99 2.31 0.00 0.41 0.52 0.41 0.40 7.82 8.71 26.59 29.87 15.04 13.15 Feb 16.85 20.08 2.31 0.00 0.42 0.57 0.41 0.41 7.90 9.17 26.67 25.92 14.97 15.31 Mar 16.92 18.24 2.18 0.03 0.43 0.63 0.41 0.37 7.93 8.90 26.93 30.57 15.05 15.67 Apr 16.94 9.87 2.12 10.09 0.42 0.38 0.41 0.37 7.77 8.59 26.72 32.43 15.13 15.50 May 17.07 4.85 2.44 15.52 0.43 0.47 0.41 0.41 7.74 7.75 27.00 33.51 15.28 15.51 Jun 16.61 4.29 2.79 7.50 0.44 0.41 0.46 0.94 7.74 7.20 27.32 29.58 15.33 15.25 Jul 16.66 24.42 2.76 0.01 0.45 0.44 0.45 0.42 7.76 7.77 27.44 24.15 15.29 15.56 Aug 15.62 7.63 2.77 0.05 0.47 0.57 0.45 0.42 8.03 10.34 28.03 26.73 15.00 12.67 Sep 15.13 14.61 2.77 0.02 0.49 0.54 0.45 0.42 7.99 6.91 28.32 24.25 14.79 13.10 Oct 15.20 22.62 2.77 0.00 0.50 0.57 0.45 0.39 8.08 8.34 28.28 26.14 14.84 15.81 Nov 15.57 25.57 2.77 0.00 0.52 0.66 0.44 0.39 8.07 7.60 28.48 31.31 14.78 14.44 29 Dec 15.67 19.90 2.77 0.00 0.53 0.56 0.45 0.45 8.28 8.08 28.64 29.23 14.62 13.51

Calendar Year 2005

PRMRWSA SW PRMRWSA ASR GW Charlotte Co. GW DeSoto Co. GW Sarasota Co. GW Manatee Co. SW Manatee Co. GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 16.02 20.13 2.77 0.00 0.54 0.65 0.45 0.40 8.30 9.01 28.56 28.85 14.79 15.17 Feb 16.06 20.63 2.77 0.00 0.55 0.70 0.45 0.42 8.38 10.11 29.02 31.51 14.43 10.96 Mar 16.16 19.34 2.77 0.00 0.55 0.65 0.46 0.44 8.35 8.52 28.89 28.94 14.39 15.21 Apr 16.70 16.46 2.00 0.91 0.57 0.66 0.46 0.39 8.37 8.80 28.76 30.92 14.36 15.08 May 17.21 10.93 1.75 12.46 0.58 0.52 0.46 0.48 8.40 8.18 28.50 30.36 14.34 15.34 Jun 17.84 11.88 1.57 5.44 0.58 0.50 0.42 0.45 8.43 7.49 28.00 23.55 14.30 14.77 Jul 17.51 20.40 1.57 0.00 0.59 0.55 0.43 0.48 8.50 8.62 27.94 23.43 14.26 15.11 Aug 18.59 20.61 1.57 0.00 0.59 0.48 0.43 0.49 8.21 6.84 28.00 27.49 14.44 14.83 Sep 19.19 21.76 1.57 0.00 0.58 0.50 0.44 0.48 8.21 7.00 28.45 29.70 14.64 15.40 Oct 19.03 20.76 1.57 0.00 0.58 0.49 0.44 0.47 8.16 7.64 28.64 28.38 14.56 14.92 Nov 18.64 20.87 1.57 0.00 0.57 0.60 0.45 0.45 8.20 8.13 28.57 30.48 14.65 15.52 Dec 18.79 21.66 1.57 0.00 0.58 0.64 0.45 0.43 8.12 7.11 28.56 29.15 14.78 15.05 Peace River / Manasota Regional Water Supply Authority and Member Governments Annual Average / Monthly Production (MGD)

Calendar Year 2006

PRMRWSA SW PRMRWSA ASR GW Charlotte Co. GW DeSoto Co. GW Sarasota Co. GW Manatee Co. SW Manatee Co. GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 18.81 20.45 1.57 0.00 0.58 0.72 0.45 0.41 8.08 8.52 28.99 33.95 14.64 13.47 Feb 18.72 19.47 1.57 0.01 0.59 0.79 0.45 0.40 7.92 8.24 29.33 35.60 14.71 11.82 Mar 18.32 14.55 1.76 2.24 0.61 0.83 0.44 0.37 8.10 10.67 30.24 39.85 14.19 8.95 Apr 17.04 1.10 2.85 14.09 0.62 0.83 0.44 0.39 8.35 11.78 31.23 42.83 14.04 13.30 May 16.13 0.00 3.25 17.21 0.64 0.71 0.45 0.54 8.53 10.34 32.02 39.87 13.97 14.56 Jun 15.21 0.87 4.20 16.86 0.64 0.50 0.45 0.44 8.65 8.92 32.73 32.01 13.94 14.32 Jul 14.99 17.80 4.63 5.13 0.63 0.47 0.44 0.44 8.48 6.55 33.14 28.40 13.72 12.46 Aug 14.90 19.49 4.63 0.00 0.63 0.53 0.44 0.44 8.58 8.05 33.65 33.63 13.15 8.03 Sep 14.85 21.11 4.63 0.04 0.64 0.51 0.43 0.42 8.63 7.62 33.55 28.45 12.68 9.70 Oct 14.53 16.95 4.63 0.00 0.66 0.75 0.43 0.42 8.79 9.56 34.05 34.35 12.58 13.71 Nov 13.06 3.23 5.05 5.03 0.67 0.80 0.43 0.42 8.92 9.74 34.20 32.28 12.46 14.13 30 Dec 11.88 7.49 6.22 14.09 0.68 0.73 0.43 0.42 9.08 9.01 34.43 31.92 12.36 13.90 Peace River / Manasota Regional Water Supply Authority and Member Governments Annual Average / Monthly Production (MGD)

Calendar Year 2007

PRMRWSA PRMRWSA GAP SW GAP GW Charlotte Co. DeSoto Co. Sarasota Co. Manatee Co. Manatee Co. SW ASR GW (PGSC) (SCCWF) GW GW GW SW GW Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Ann Mo Month Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Avg Jan 10.98 9.70 6.40 2.13 0.00 0.00 0.00 0.00 0.68 0.74 0.43 0.42 9.18 9.65 34.27 32.07 12.36 13.39 Feb 10.51 13.84 6.57 2.07 0.00 0.00 0.00 0.00 0.68 0.79 0.43 0.42 9.24 9.00 33.88 30.88 12.41 12.44 Mar 9.93 7.51 7.12 8.75 0.00 0.00 0.06 0.74 0.69 0.88 0.43 0.42 9.10 9.02 33.39 34.04 12.97 15.69 Apr 10.02 2.20 6.77 9.90 0.00 0.00 0.09 0.38 0.68 0.78 0.44 0.43 8.86 8.83 32.41 31.05 13.16 15.64 May 10.02 0.00 6.35 12.26 0.00 0.00 0.35 3.10 0.68 0.68 0.43 0.44 8.82 9.91 32.04 35.42 13.33 16.55 Jun 10.03 1.03 5.99 12.53 0.00 0.00 0.48 1.50 0.68 0.52 0.43 0.43 8.88 9.56 31.70 27.91 13.32 14.16 Jul 9.80 15.07 5.75 2.26 0.00 0.00 0.48 0.00 0.69 0.52 0.43 0.44 9.00 8.10 31.88 30.61 13.59 15.69 Aug 10.50 27.84 5.75 0.01 0.00 0.00 0.51 0.36 0.68 0.47 0.42 0.42 9.05 8.64 31.73 31.78 14.06 13.73 Sep 11.03 27.53 5.75 0.00 0.00 0.00 0.51 0.00 0.68 0.45 0.43 0.48 9.11 8.32 31.96 31.28 13.85 7.14 Oct 11.26 19.66 5.75 0.00 0.00 0.00 0.60 1.15 0.66 0.52 0.43 0.42 9.06 8.94 31.93 33.99 13.66 11.42 31 Nov 11.79 9.66 5.39 0.64 0.00 0.00 0.86 3.08 0.64 0.66 0.43 0.46 8.95 8.40 32.25 36.05 12.95 5.61 Dec 11.26 1.07 4.90 8.30 0.00 0.00 1.21 4.24 0.63 0.58 0.43 0.40 8.96 9.18 35.18 33.57 14.55 17.25

WUP 32.70 7.2 3.17 0.51 13.73 34.90 17.95 AAD

Note PRMRWSA - Peace River/Manasota Regional Water Supply Authority Manatee County is a Member of the PRMRWSA, however, no withdrawal quantities are transferred to Manatee County ASR - Aquifer Storage and Recovery (ground water recovery from ASR wells) SCCWF - Sarasota County Carlton Wellfield PGSC - Punta Gorda Shell Creek City of Tampa Annual Average / Monthly Production (MGD)

Calendar Year 2000

Hillsborough River SW Rome Avenue ASR GW Imports from TBW System Aug. from TBC to Hills. R. Aug. from SSP to Hills. R.

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 69.80 70.78 0.00 0.00 5.90 0.00 18.68 29.00 1.77 0.00 Feb 68.10 54.51 0.00 0.00 7.56 20.36 19.59 26.00 2.53 9.15 Mar 65.90 46.04 0.00 0.00 9.53 30.60 18.51 23.00 3.55 12.21 Apr 63.91 41.58 0.00 0.00 10.51 33.68 18.17 23.00 4.26 16.11 May 62.50 45.60 0.00 0.00 11.74 36.75 17.67 21.00 4.85 18.80 Jun 60.65 47.90 0.00 0.00 13.54 26.49 18.29 23.00 6.29 19.22 Jul 60.88 67.24 0.00 0.00 12.85 0.44 21.06 33.00 7.93 19.70 Aug 61.01 72.81 0.00 0.00 12.65 0.22 22.04 11.00 8.60 7.97 Sep 61.07 70.84 0.00 0.00 12.79 2.69 22.04 0.00 8.60 0.00 Oct 61.55 77.11 0.00 0.00 12.77 0.98 23.93 25.00 8.86 3.19 Nov 59.75 52.39 0.00 0.00 14.69 23.32 23.67 30.00 8.97 1.30 Dec 57.42 42.25 0.00 0.00 17.14 30.16 23.19 28.00 9.23 3.11 32

Calendar Year 2001

Hillsborough River SW Rome Avenue ASR GW Imports from TBW System Aug. from TBC to Hills. R. Aug. from SSP to Hills. R.

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 55.01 41.85 0.00 0.00 19.65 30.14 22.99 27.00 9.47 2.93 Feb 54.05 43.02 0.00 0.00 20.54 31.06 22.89 25.00 9.61 10.77 Mar 52.96 32.90 0.16 1.98 20.51 30.21 23.06 25.00 9.58 11.80 Apr 54.90 64.88 0.67 6.03 17.78 0.87 23.67 30.00 9.13 10.80 May 56.09 59.93 1.55 10.55 15.37 7.83 23.59 20.00 8.59 12.32 Jun 57.10 59.97 1.83 3.36 13.79 7.54 23.65 24.00 7.76 9.24 Jul 55.73 50.84 2.02 2.38 14.92 14.02 22.94 24.00 6.76 7.72 Aug 54.23 54.79 2.02 0.00 16.19 15.44 21.95 0.00 6.10 0.00 Sep 54.29 71.58 2.02 0.00 16.12 1.92 21.95 0.00 6.10 0.00 Oct 54.17 75.63 2.02 0.00 16.40 4.30 19.85 0.00 5.83 0.00 Nov 56.40 79.19 2.02 0.00 14.64 2.24 19.16 22.00 5.83 1.27 Dec 58.88 72.01 2.02 0.00 12.17 0.49 19.23 29.00 5.64 0.80 City of Tampa Annual Average / Monthly Production (MGD)

Calendar Year 2002

Hillsborough River SW Rome Avenue ASR GW Imports from TBW System Aug. from TBC to Hills. R. Aug. from SSP to Hills. R.

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 60.94 66.55 2.03 0.00 9.66 0.00 19.04 25.00 5.39 0.00 Feb 62.85 65.99 2.03 0.00 7.07 0.00 18.84 23.00 4.50 0.00 Mar 66.01 70.82 1.93 0.89 4.55 0.00 18.67 23.00 3.51 0.00 Apr 66.15 66.51 2.18 8.96 4.49 0.11 17.93 22.00 2.78 2.00 May 65.39 50.82 2.11 9.78 5.50 19.98 17.79 18.00 2.24 5.87 Jun 64.70 51.68 2.67 9.99 5.82 11.28 16.86 13.00 1.47 0.00 Jul 65.70 62.81 2.69 2.69 4.65 0.00 14.81 0.00 0.83 0.00 Aug 67.40 75.22 2.69 0.00 3.38 0.28 14.81 0.00 0.83 0.00 Sep 67.54 73.25 2.69 0.00 3.22 0.00 14.81 0.00 0.83 0.00 Oct 67.12 70.58 2.88 2.29 2.87 0.00 14.81 0.00 0.83 0.00 Nov 66.51 71.86 2.92 0.45 2.68 0.00 12.93 0.00 0.72 0.00

33 Dec 65.91 64.81 2.92 0.00 2.64 0.00 10.48 0.00 0.66 0.00

Calendar Year 2003

Hillsborough River SW Rome Avenue ASR GW Imports from TBW System Aug. from TBC to Hills. R. Aug. from SSP to Hills. R.

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 65.74 64.47 2.92 0.00 2.64 0.00 8.39 0.00 0.66 0.00 Feb 65.64 64.85 2.92 0.00 2.64 0.00 6.47 0.00 0.66 0.00 Mar 65.31 66.86 2.85 0.00 2.64 0.00 4.50 0.00 0.66 0.00 Apr 65.90 73.62 2.18 0.93 2.63 0.00 2.66 0.00 0.49 0.00 May 67.68 72.16 1.96 7.18 1.03 0.74 1.11 0.00 0.00 0.00 Jun 68.96 67.07 1.75 7.50 0.11 0.28 0.00 0.00 0.00 0.00 Jul 69.20 65.63 2.00 5.67 0.11 0.00 0.00 0.00 0.00 0.00 Aug 69.18 74.98 2.00 0.00 0.09 0.00 0.00 0.00 0.00 0.00 Sep 70.12 84.59 2.00 0.00 0.09 0.00 0.00 0.00 0.00 0.00 Oct 71.54 87.62 1.81 0.00 0.09 0.00 0.00 0.00 0.00 0.00 Nov 72.64 84.96 1.77 0.00 0.09 0.00 0.00 0.00 0.00 0.00 Dec 73.69 77.45 1.77 0.00 0.09 0.00 0.00 0.00 0.00 0.00 City of Tampa Annual Average / Monthly Production (MGD)

Calendar Year 2004

Hillsborough River SW Rome Avenue ASR GW Imports from TBW System Aug. from TBC to Hills. R. Aug. from SSP to Hills. R.

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 74.55 74.81 1.77 0.00 0.09 0.00 0.00 0.00 0.00 0.00 Feb 75.23 73.01 1.77 0.00 0.09 0.00 0.00 0.00 0.00 0.00 Mar 75.93 75.27 2.18 4.83 0.09 0.00 0.00 0.00 0.00 0.00 Apr 76.39 79.08 2.92 9.80 0.09 0.00 0.00 0.00 0.00 0.00 May 77.48 85.34 3.06 8.95 0.08 0.70 1.08 12.00 0.00 0.00 Jun 78.27 76.52 3.21 9.30 0.07 0.18 2.26 14.00 0.00 0.00 Jul 78.85 72.61 3.30 6.72 0.07 0.00 2.26 0.00 0.00 0.00 Aug 78.61 72.02 3.44 1.70 0.07 0.00 2.26 0.00 0.00 0.00 Sep 78.09 78.42 3.44 0.00 0.07 0.00 2.26 0.00 0.00 0.00 Oct 77.86 84.87 3.44 0.00 0.07 0.00 2.26 0.00 0.00 0.00 Nov 78.10 87.85 3.44 0.00 0.07 0.00 2.26 0.00 0.00 0.00 Dec 78.75 85.25 3.44 0.00 0.07 0.00 2.26 0.00 0.00 0.00 34

Calendar Year 2005

Hillsborough River SW Rome Avenue ASR GW Imports from TBW System Aug. from TBC to Hills. R. Aug. from SSP to Hills. R.

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 79.11 79.12 3.44 0.00 0.07 0.00 2.26 0.00 0.00 0.00 Feb 79.79 81.12 3.44 0.00 0.07 0.00 3.06 9.00 0.00 0.00 Mar 79.67 73.87 3.25 2.55 0.07 0.00 3.06 0.00 0.00 0.00 Apr 79.09 72.11 3.26 9.89 0.07 0.00 3.73 8.00 0.00 0.00 May 78.36 76.53 3.26 8.94 0.02 0.00 3.21 6.00 0.00 0.00 Jun 77.77 69.47 3.25 9.19 0.00 0.00 2.06 0.00 0.00 0.00 Jul 77.82 73.16 2.75 0.71 0.00 0.00 2.06 0.00 0.00 0.00 Aug 78.99 86.11 2.61 0.00 0.00 0.00 2.06 0.00 0.00 0.00 Sep 80.01 90.62 2.61 0.00 0.00 0.00 2.06 0.00 0.00 0.00 Oct 80.30 88.41 2.61 0.00 0.00 0.00 2.06 0.00 0.00 0.00 Nov 80.30 87.79 2.61 0.00 0.00 0.00 2.06 0.00 0.00 0.00 Dec 79.40 74.54 2.61 0.00 0.00 0.00 2.06 0.00 0.00 0.00 City of Tampa Annual Average / Monthly Production (MGD)

Calendar Year 2006

Hillsborough River SW Rome Avenue ASR GW Imports from TBW System Aug. from TBC to Hills. R. Aug. from SSP to Hills. R.

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 79.41 79.17 2.61 0.00 0.00 0.00 2.75 8.00 0.00 0.00 Feb 79.17 78.30 2.61 0.00 0.00 0.00 1.95 0.00 0.00 0.00 Mar 79.68 79.90 2.74 4.15 0.13 1.56 3.48 18.00 0.00 0.00 Apr 79.79 73.46 2.72 9.63 1.26 13.51 4.91 25.00 0.08 0.93 May 78.32 58.92 2.80 9.96 3.15 22.74 6.57 26.00 0.28 2.45 Jun 77.18 55.74 2.82 9.42 4.84 20.32 8.89 28.00 0.28 0.00 Jul 77.58 77.96 2.76 0.00 4.84 0.00 10.11 14.00 0.28 0.00 Aug 77.60 86.44 2.76 0.00 4.84 0.00 10.25 1.00 0.28 0.00 Sep 77.30 86.93 2.76 0.00 4.84 0.00 10.25 0.00 0.28 0.00 Oct 78.00 96.88 2.76 0.00 4.84 0.00 11.49 14.00 0.28 0.00 Nov 77.54 82.25 2.76 0.00 5.51 7.98 13.66 26.00 0.28 0.00 Dec 76.77 65.32 2.76 0.00 6.50 11.89 15.66 24.00 0.28 0.00

Calendar Year 2007 35

Hillsborough River SW Rome Avenue ASR GW Imports from TBW System Aug. from TBC to Hills. R. Aug. from SSP to Hills. R.

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 76.44 75.14 2.76 0.00 6.51 0.16 16.90 23.00 0.28 0.00 Feb 76.18 75.19 2.76 0.00 6.51 0.00 19.14 26.00 0.28 0.00 Mar 75.38 70.38 2.66 2.95 7.21 9.91 19.45 22.00 0.28 0.00 Apr 73.08 45.83 2.71 10.22 8.43 28.14 19.05 20.00 0.44 2.88 May 72.35 50.15 2.73 10.22 9.11 30.91 18.67 21.00 1.04 9.58 Jun 72.47 57.22 2.66 8.56 8.83 16.99 18.14 21.00 1.12 1.00 Jul 71.84 70.38 2.75 1.07 9.36 6.33 18.62 20.00 1.12 0.00 Aug 72.07 89.14 2.75 0.00 9.38 0.19 18.48 0.00 1.12 0.00 Sep 72.25 89.13 2.75 0.00 9.38 0.00 18.48 0.00 1.12 0.00 Oct 71.58 88.86 2.75 0.00 9.38 0.00 17.24 0.00 1.12 0.00 Nov 72.05 87.88 2.75 0.00 8.71 0.00 15.82 9.00 1.12 0.00 Dec 71.75 61.73 2.75 0.00 9.12 16.85 15.28 17.00 1.12 0.00

WUP 82.00 2.74 * 20.00 AAD

Note ASR - Aquifer Storage and Recovery (ground water recovery from ASR wells) ASR storage volumes are subtracted from Hillsborough River Reservoir withdrawals to eliminate double accounting SSP - Sulphur Springs withdrawal * Injection/Withdrawal quantity based on FDEP permit (1-billion gallons in / 1-billion gallons out per annual cycle) Southern District Annual Average / Monthly Production (MGD)

Calendar Year 2000

City of Sarasota GW City of Punta Gorda SW City of Bradenton GW City of Bradenton SW City of Venice GW Englewood Water District GW Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 10.21 10.12 3.65 4.56 0.00 0.00 5.92 5.83 4.39 4.81 3.32 3.23 Feb 10.22 10.51 3.68 4.44 0.00 0.00 5.95 6.19 4.53 7.43 3.38 3.56 Mar 10.20 10.42 3.69 4.57 0.00 0.01 5.97 6.32 4.56 6.34 3.42 4.87 Apr 10.10 9.97 3.68 4.62 0.00 0.01 5.92 6.04 4.48 4.40 3.36 3.29 May 10.08 10.24 3.68 4.39 0.03 0.31 5.91 6.28 4.54 5.01 3.33 3.33 Jun 10.13 9.62 3.73 3.11 0.07 0.49 5.92 5.85 4.55 4.25 3.42 3.71 Jul 10.16 9.59 3.73 2.61 0.10 0.35 5.87 5.25 4.50 3.01 3.38 2.69 Aug 10.06 9.21 3.75 2.94 0.10 0.01 5.84 5.42 4.55 4.11 3.42 2.94 Sep 9.95 8.78 3.82 3.42 0.10 0.00 5.83 5.50 4.55 3.54 3.35 2.71 Oct 9.94 10.20 3.98 4.99 0.10 0.00 5.85 5.78 4.56 3.70 3.36 2.92 Nov 9.89 9.85 3.98 4.23 0.10 0.00 5.84 5.81 4.63 4.15 3.33 3.26

36 Dec 9.83 9.46 3.98 3.87 0.12 0.29 5.82 5.52 4.55 3.79 3.30 3.12

Calendar Year 2001

City of Sarasota GW City of Punta Gorda SW City of Bradenton GW City of Bradenton SW City of Venice GW Englewood Water District GW Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 9.76 9.34 3.93 3.95 0.15 0.27 - - 4.55 4.81 3.27 2.83 Feb 9.74 10.23 3.90 4.08 0.17 0.26 5.29 5.67 4.35 5.08 3.28 3.69 Mar 9.70 9.90 3.80 3.43 0.17 0.09 5.22 5.48 4.23 4.85 3.16 3.45 Apr 9.70 10.00 3.72 3.64 0.17 0.00 5.16 5.41 4.27 4.89 3.13 2.97 May 9.67 9.91 3.67 3.74 0.15 0.00 5.12 5.78 4.19 4.15 3.10 2.92 Jun 9.69 9.82 3.63 2.60 0.11 0.00 5.09 5.41 4.16 3.83 3.01 2.60 Jul 9.60 8.57 3.66 3.02 0.08 0.00 5.06 4.94 4.22 3.79 2.99 2.51 Aug 9.56 8.67 3.78 4.40 0.08 0.00 5.05 5.26 4.20 3.86 2.94 2.33 Sep 9.58 8.98 3.82 3.94 0.08 0.00 5.02 5.24 4.21 3.60 2.95 2.77 Oct 9.50 9.29 3.81 4.76 0.08 0.00 4.86 3.77 4.27 4.39 2.94 2.89 Nov 9.52 10.07 3.90 5.35 0.08 0.00 4.83 5.50 4.29 4.46 2.94 3.20 Dec 9.51 9.39 3.97 4.71 0.05 0.00 - - 4.34 4.34 2.97 3.48 Southern District Annual Average / Monthly Production (MGD)

Calendar Year 2002

City of Sarasota GW City of Punta Gorda SW City of Bradenton GW City of Bradenton SW City of Venice GW Englewood Water District GW Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 9.53 9.53 3.99 4.17 0.03 0.00 5.41 5.44 4.32 4.66 2.96 2.69 Feb 9.51 10.03 3.97 3.92 0.01 0.00 5.40 5.51 4.31 4.92 2.90 2.97 Mar 9.55 10.33 4.06 4.45 0.00 0.00 5.42 5.77 4.29 4.66 2.90 3.53 Apr 9.56 10.18 4.12 4.36 0.00 0.00 5.46 5.85 4.30 4.90 2.93 3.28 May 9.58 10.06 4.18 4.43 0.02 0.25 5.49 6.10 4.30 4.23 2.94 3.03 Jun 9.57 9.77 4.22 3.07 0.04 0.26 5.49 5.43 4.28 3.56 2.94 2.64 Jul 9.66 9.67 4.19 2.70 0.04 0.00 5.52 5.38 4.29 3.94 3.00 3.24 Aug 9.76 9.78 4.14 3.81 0.04 0.00 5.54 5.41 4.28 3.69 3.05 2.88 Sep 9.81 9.64 4.13 3.84 0.04 0.00 5.54 5.26 4.31 3.92 3.07 3.05 Oct 9.86 9.85 4.11 4.49 0.05 0.01 5.68 5.54 4.30 4.33 3.10 3.25 Nov 9.80 9.42 4.14 5.79 0.05 0.01 5.69 5.58 4.26 4.03 3.11 3.32

37 Dec 9.78 9.10 4.20 5.33 0.05 0.00 5.54 5.20 4.30 4.77 3.07 2.93

Calendar Year 2003

City of Sarasota GW City of Punta Gorda SW City of Bradenton GW City of Bradenton SW City of Venice GW Englewood Water District GW Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 9.71 8.70 4.28 5.20 0.05 0.01 5.54 5.42 4.31 4.80 3.05 2.43 Feb 9.63 9.08 4.36 4.83 0.05 0.00 5.53 5.36 4.33 5.16 3.09 3.47 Mar 9.56 9.47 - - 0.05 0.01 5.50 5.45 4.42 5.66 3.08 3.39 Apr 9.47 9.10 3.97 4.19 0.05 0.01 5.50 5.83 4.40 4.70 3.07 3.17 May 9.42 9.51 3.96 4.29 0.03 0.00 5.47 5.76 4.40 4.28 3.07 3.08 Jun 9.34 8.77 4.02 3.77 0.01 0.00 5.46 5.32 4.44 4.04 3.06 2.49 Jul 9.29 9.06 4.11 3.76 0.01 0.00 5.46 5.38 4.44 3.85 3.02 2.77 Aug 9.18 8.46 4.16 4.45 0.01 0.01 5.45 5.29 4.40 3.23 3.03 2.96 Sep 9.10 8.66 4.23 4.70 0.01 0.00 5.46 5.34 4.37 3.63 3.00 2.77 Oct 9.02 8.96 4.33 5.61 0.01 0.04 5.44 5.34 4.34 3.90 3.00 3.15 Nov 8.99 9.02 4.23 4.65 0.01 0.00 5.43 5.42 4.36 4.25 3.06 4.12 Dec 8.94 8.55 4.14 4.23 0.01 0.00 5.43 5.26 4.34 4.51 3.08 3.20 Southern District Annual Average / Monthly Production (MGD)

Calendar Year 2004

City of Sarasota GW City of Punta Gorda SW City of Bradenton GW City of Bradenton SW City of Venice GW Englewood Water District GW Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 8.96 8.88 4.08 4.49 0.01 0.00 5.42 5.28 4.38 5.31 3.25 4.37 Feb 9.00 9.51 - - 0.01 0.00 5.41 5.27 4.36 4.95 3.26 3.62 Mar 8.96 9.02 4.42 4.84 0.01 0.01 5.44 5.78 4.36 5.63 3.29 3.76 Apr 8.97 9.26 4.34 3.21 0.01 0.01 5.43 5.77 4.34 4.52 3.38 4.28 May 8.88 8.43 4.30 3.77 0.01 0.01 5.45 5.92 4.31 3.89 3.46 4.00 Jun 8.88 8.77 4.32 4.06 0.01 0.01 5.49 5.84 4.37 4.71 3.52 3.30 Jul 8.84 8.60 4.30 3.48 0.01 0.01 5.50 5.44 4.35 3.69 3.55 3.09 Aug 8.82 8.23 4.24 3.77 0.01 0.00 5.49 5.25 4.43 4.11 3.58 3.33 Sep 8.75 7.83 4.18 3.94 0.01 0.01 5.48 5.15 4.50 4.49 3.59 2.90 Oct 8.68 8.06 4.18 5.58 0.01 0.00 5.47 5.29 4.51 4.10 3.61 3.42 Nov 8.62 8.28 4.32 6.34 0.01 0.00 5.51 5.92 4.57 4.91 3.61 4.07

38 Dec 8.54 7.65 4.43 5.54 0.01 0.00 5.57 5.89 4.56 4.45 3.63 3.38

Calendar Year 2005

City of Sarasota GW City of Punta Gorda SW City of Bradenton GW City of Bradenton SW City of Venice GW Englewood Water District GW Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 8.55 8.96 4.56 6.08 0.01 0.00 5.62 5.92 4.57 5.38 3.56 3.53 Feb 8.53 9.23 4.61 4.73 0.01 0.00 5.67 5.87 4.60 5.31 3.60 4.15 Mar 8.53 9.01 4.57 4.37 0.01 0.00 5.66 5.67 4.56 5.16 3.60 3.75 Apr 8.50 8.98 4.69 4.62 0.00 0.00 5.66 5.80 4.57 4.69 3.56 3.75 May 8.54 8.84 4.75 4.44 0.01 0.02 5.67 6.05 4.62 4.48 3.55 3.92 Jun 8.52 8.63 4.64 2.79 0.01 0.01 5.66 5.64 4.57 4.07 3.52 2.92 Jul 8.54 8.73 4.74 4.71 0.01 0.00 5.66 5.48 4.55 3.41 3.52 3.11 Aug 8.59 8.85 4.83 4.83 0.01 0.00 5.79 6.78 4.56 4.20 3.46 2.58 Sep 8.68 9.00 4.83 3.87 0.01 0.01 5.93 6.79 4.53 4.14 3.42 2.52 Oct 8.77 9.04 4.65 3.41 0.01 0.03 6.04 6.72 4.53 4.11 3.35 2.48 Nov 8.81 8.84 4.57 5.42 0.01 0.01 6.15 7.14 4.49 4.47 3.24 2.79 Dec 8.89 8.58 4.40 3.55 0.01 0.01 6.22 6.77 4.47 4.20 3.15 2.31 Southern District Annual Average / Monthly Production (MGD)

Calendar Year 2006

City of Sarasota GW City of Punta Gorda SW City of Bradenton GW City of Bradenton SW City of Venice GW Englewood Water District GW Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 8.89 8.98 4.22 3.83 0.01 0.01 6.25 6.29 4.44 4.99 3.13 3.25 Feb 8.89 9.14 4.25 5.10 0.01 0.01 6.25 5.82 4.42 5.06 3.03 2.96 Mar 8.93 9.60 4.31 5.14 0.01 0.01 6.29 6.24 4.44 5.45 3.02 3.63 Apr 9.03 10.09 4.34 5.03 0.01 0.01 6.36 6.59 4.45 4.77 3.02 3.79 May 9.09 9.61 4.46 5.80 0.01 0.00 6.40 6.49 4.47 4.77 2.99 3.58 Jun 9.12 8.98 4.51 3.37 0.01 0.01 6.42 5.88 4.49 4.33 2.98 2.71 Jul 9.04 7.80 4.42 3.71 0.01 0.00 6.43 5.60 4.31 1.23 2.90 2.22 Aug 9.07 9.14 4.39 4.42 0.01 0.01 6.34 5.72 4.45 5.94 2.90 2.49 Sep 9.11 9.46 4.51 5.37 0.01 0.01 6.22 5.37 4.42 3.72 2.89 2.47 Oct 9.10 9.00 4.81 6.97 0.01 0.01 6.17 6.13 4.42 4.13 2.92 2.84 Nov 9.11 8.90 4.83 5.61 0.01 0.01 6.08 6.00 4.45 4.76 2.96 3.30 Dec 9.14 8.95 4.96 5.12 0.01 0.01 5.98 5.60 4.45 4.25 3.02 3.01 39

Calendar Year 2007

City of Sarasota GW City of Punta Gorda SW City of Bradenton GW City of Bradenton SW City of Venice GW Englewood Water District GW Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 8.91 6.22 5.03 4.75 0.01 0.02 5.91 5.54 4.45 5.04 3.05 3.59 Feb 8.93 9.45 5.02 4.89 0.01 0.01 5.88 5.45 4.44 4.87 3.11 3.69 Mar 8.93 9.51 4.99 4.78 0.01 0.01 5.86 5.90 4.43 5.37 3.14 4.00 Apr 8.97 10.67 5.01 5.37 0.01 0.01 5.80 5.87 4.45 4.96 3.25 5.06 May 9.09 10.99 4.90 4.45 0.01 0.02 5.78 6.27 4.42 4.41 3.23 3.40 Jun 9.21 10.45 4.96 4.09 0.01 0.00 5.76 5.72 4.38 3.88 3.22 2.53 Jul 9.37 9.76 4.99 4.07 - - - - 4.61 4.01 3.26 2.72 Aug 9.37 9.05 5.11 5.91 0.01 0.01 5.28 5.49 4.44 3.83 3.28 2.74 Sep 9.20 7.49 5.21 6.47 0.01 0.00 5.33 5.98 4.43 3.62 3.30 2.67 Oct 9.07 7.36 5.14 6.17 0.01 0.00 5.33 6.16 4.44 4.25 3.27 2.47 Nov 9.11 9.41 5.05 4.48 0.01 0.00 5.29 5.55 4.39 4.23 3.26 3.19 Dec 8.96 7.21 4.99 4.44 0.01 0.00 5.27 5.34 4.38 4.13 3.28 3.29

WUP 12.04 8.09 6.95 6.86 5.36 AAD 'Heartland' Annual Average / Monthly Production (MGD)

Calendar Year 2000

City of Lakeland GW City of Winter Haven GW Polk Co. USA GW City of Haines City GW City of Sebring GW City of Auburndale GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 25.06 24.34 6.60 6.62 9.27 7.82 2.64 2.46 3.46 4.29 3.39 3.24 Feb 25.20 24.60 6.63 6.77 9.35 10.19 2.64 2.61 3.53 4.22 3.38 3.42 Mar 25.38 28.21 6.69 7.36 9.45 12.19 2.62 2.79 3.52 3.70 3.49 3.87 Apr 24.93 29.51 6.73 7.73 9.48 12.85 2.60 3.12 3.50 3.70 3.49 3.92 May 25.39 30.48 6.85 8.45 9.93 14.84 2.65 3.36 3.54 3.61 3.54 4.31 Jun 25.78 27.36 6.95 7.65 10.36 13.12 2.70 2.95 3.58 3.15 3.36 2.89 Jul 25.40 21.61 6.89 6.42 10.47 10.08 2.68 2.42 3.62 3.04 3.38 3.91 Aug 25.19 22.36 6.88 6.28 10.66 10.38 2.69 2.51 3.63 2.92 3.41 3.55 Sep 24.96 21.65 6.87 6.15 10.79 10.19 2.68 2.42 3.60 2.87 3.43 2.99 Oct 25.44 26.86 6.95 7.03 11.15 13.08 2.73 3.04 3.55 3.10 3.45 3.20 Nov 25.65 27.18 6.95 6.49 11.40 12.83 2.76 2.89 3.51 3.46 3.47 3.41 Dec 25.64 23.49 6.89 5.75 11.56 11.18 2.77 2.72 3.43 3.05 3.50 3.27 40

Calendar Year 2001

City of Lakeland GW City of Winter Haven GW Polk Co. USA GW City of Haines City GW City of Sebring GW City of Auburndale GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 25.53 23.12 6.80 5.56 11.85 11.21 2.78 2.59 3.34 3.26 3.50 3.28 Feb 25.47 23.86 6.74 5.96 11.99 11.93 2.79 2.71 3.30 3.68 3.50 3.40 Mar 24.80 20.17 6.64 6.25 11.89 10.98 2.78 2.59 3.27 3.45 3.44 3.17 Apr 24.42 24.90 6.57 6.88 11.93 13.37 2.72 2.47 3.25 3.38 3.42 3.62 May 24.33 29.43 6.49 7.41 11.91 14.60 2.74 3.56 3.22 3.34 3.36 3.60 Jun 23.89 22.03 6.40 6.63 11.77 11.40 2.74 2.98 3.21 2.96 3.36 2.94 Jul 23.73 19.78 6.35 5.87 11.76 9.99 2.73 2.29 3.19 2.76 3.26 2.69 Aug 24.01 25.71 6.37 6.42 11.80 10.80 2.73 2.53 3.19 3.01 3.15 2.24 Sep 23.93 20.61 6.34 5.88 11.84 10.70 2.68 1.87 3.20 2.95 3.14 2.84 Oct 23.49 21.56 6.21 5.43 11.76 12.14 2.66 2.74 3.19 2.93 3.12 3.03 Nov 23.00 21.37 6.10 5.21 11.46 9.26 2.63 2.57 3.15 3.07 3.11 3.24 Dec 23.10 24.69 6.02 4.75 11.55 12.19 2.62 2.56 3.16 3.19 3.09 3.09 'Heartland' Annual Average / Monthly Production (MGD)

Calendar Year 2002

City of Lakeland GW City of Winter Haven GW Polk Co. USA GW City of Haines City GW City of Sebring GW City of Auburndale GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 22.91 20.82 5.96 4.78 11.51 10.71 2.62 2.60 3.24 4.15 3.08 3.06 Feb 22.75 21.92 5.92 5.56 11.46 11.36 2.62 2.68 3.21 3.39 3.05 3.12 Mar 23.07 24.00 5.94 6.48 11.69 13.75 2.65 2.99 3.24 3.76 3.05 3.14 Apr 23.21 26.54 5.98 7.31 11.76 14.16 2.73 3.42 3.34 4.54 3.03 3.39 May 23.38 31.52 5.92 6.67 12.14 19.20 2.73 3.59 3.40 4.05 3.04 3.64 Jun 23.28 20.86 5.80 5.28 12.32 13.57 2.71 2.69 3.46 3.75 3.01 2.58 Jul 23.25 19.39 5.90 7.06 12.52 12.37 2.73 2.54 3.49 3.08 2.98 2.38 Aug 22.74 19.64 5.84 5.69 12.77 13.78 2.74 2.62 3.50 3.19 3.01 2.60 Sep 22.84 21.74 5.84 5.88 12.99 13.37 2.80 2.54 3.50 2.97 2.99 2.64 Oct 22.80 21.15 5.93 6.45 13.25 15.26 2.81 2.95 3.54 3.39 3.00 3.13 Nov 22.46 17.19 6.06 6.87 13.63 13.80 2.84 2.85 3.56 3.28 2.95 2.62 Dec 22.01 19.34 6.13 5.58 13.58 11.65 2.84 2.63 3.56 3.11 2.93 2.80 41

Calendar Year 2003

City of Lakeland GW City of Winter Haven GW Polk Co. USA GW City of Haines City GW City of Sebring GW City of Auburndale GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 22.04 21.17 6.21 5.64 13.76 12.87 2.86 2.81 3.50 3.44 2.88 2.57 Feb 22.03 21.83 6.19 5.38 13.93 13.33 2.87 2.82 3.53 3.84 2.79 1.96 Mar 21.86 21.92 6.13 5.78 13.83 12.58 2.85 2.77 3.52 3.56 2.76 2.85 Apr 21.80 25.81 6.09 6.75 14.01 16.35 2.82 3.05 3.44 3.59 2.79 3.71 May 21.30 25.58 6.11 6.95 13.82 16.94 2.79 3.21 3.38 3.37 2.80 3.81 Jun 21.16 19.15 6.15 5.79 13.73 12.40 2.78 2.54 3.32 2.96 2.85 3.12 Jul 21.15 19.32 6.07 6.06 13.74 12.54 2.79 2.73 3.31 3.00 2.91 3.08 Aug 21.01 17.91 6.04 5.31 13.51 10.99 2.78 2.51 3.28 2.82 2.93 2.91 Sep 20.93 20.79 6.04 5.96 13.50 13.27 2.80 2.73 3.26 2.72 2.99 3.32 Oct 20.81 19.74 6.02 6.19 13.33 13.25 2.80 2.94 3.21 2.83 3.01 3.37 Nov 21.11 20.77 5.98 6.39 13.27 13.02 2.82 3.07 3.18 2.94 3.09 3.58 Dec 21.19 20.23 6.02 5.99 13.31 12.15 2.85 3.06 3.16 2.84 3.15 3.51 'Heartland' Annual Average / Monthly Production (MGD)

Calendar Year 2004

City of Lakeland GW City of Winter Haven GW Polk Co. USA GW City of Haines City GW City of Sebring GW City of Auburndale GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 21.04 19.42 6.02 5.74 13.27 12.38 2.87 3.06 3.12 2.95 3.22 3.35 Feb 20.72 18.01 6.10 6.31 13.12 11.61 2.89 2.98 3.06 3.15 3.34 3.46 Mar 20.87 23.72 6.16 6.51 13.26 14.27 2.94 3.41 3.04 3.35 3.33 2.68 Apr 20.97 27.03 6.18 6.92 13.29 16.69 3.00 3.77 3.04 3.48 3.37 4.27 May 21.17 27.99 6.25 7.83 13.34 17.52 3.05 3.82 3.06 3.71 3.43 4.49 Jun 21.39 21.71 6.36 7.15 13.52 14.61 3.12 3.36 3.09 3.30 3.50 3.93 Jul 21.79 24.17 6.41 6.68 13.59 13.34 3.16 3.23 3.12 3.31 3.56 3.80 Aug 22.03 20.75 6.44 5.60 13.58 10.80 3.19 2.81 3.13 2.94 3.60 3.39 Sep 22.06 21.20 6.53 7.04 13.38 10.91 3.19 2.74 3.16 3.13 4.02 8.45 Oct 22.41 23.94 6.49 5.72 13.42 13.80 3.23 3.39 3.20 3.35 4.04 3.52 Nov 22.85 25.97 6.46 6.04 13.34 12.06 3.29 3.78 3.25 3.45 4.06 3.90 Dec 23.11 23.41 6.71 9.03 13.51 14.08 3.33 3.65 3.30 3.41 4.02 3.01 42

Calendar Year 2005

City of Lakeland GW City of Winter Haven GW Polk Co. USA GW City of Haines City GW City of Sebring GW City of Auburndale GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 23.47 23.70 7.08 10.16 13.63 13.87 3.38 3.63 3.36 3.79 4.05 3.68 Feb 24.10 25.61 7.36 9.58 13.95 15.44 3.46 3.87 3.35 2.98 4.08 3.89 Mar 24.03 22.93 7.68 10.41 13.89 13.53 3.47 3.60 3.36 3.48 4.15 3.44 Apr 23.92 25.66 7.98 10.47 13.88 16.55 3.47 3.81 3.37 3.55 4.13 4.05 May 23.78 26.29 8.31 11.87 13.73 15.80 3.48 3.89 3.30 2.95 4.10 4.12 Jun 23.81 22.10 8.45 8.77 13.59 12.93 3.46 3.16 3.28 3.00 3.99 2.67 Jul 23.66 22.41 8.69 9.63 13.66 14.20 3.48 3.44 3.25 2.98 3.98 3.61 Aug 23.95 24.17 9.04 9.72 14.04 15.32 3.56 3.78 3.27 3.24 4.03 3.98 Sep 24.24 24.67 9.30 10.21 14.40 15.19 3.66 3.91 3.29 3.31 3.67 4.12 Oct 24.45 26.46 9.60 9.31 14.46 14.52 3.69 3.72 3.29 3.37 3.69 3.86 Nov 24.46 26.07 9.92 9.91 14.72 15.21 3.70 3.96 3.27 3.23 3.70 3.98 Dec 24.67 25.96 9.95 9.32 14.69 13.75 3.70 3.61 3.26 3.30 3.75 3.61 'Heartland' Annual Average / Monthly Production (MGD)

Calendar Year 2006

City of Lakeland GW City of Winter Haven GW Polk Co. USA GW City of Haines City GW City of Sebring GW City of Auburndale GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 24.73 24.43 9.95 10.23 14.84 15.65 3.70 3.65 3.25 3.60 3.77 3.89 Feb 24.61 24.13 9.99 9.96 14.84 15.46 3.68 3.66 3.30 3.60 3.80 4.30 Mar 25.06 28.40 10.15 12.41 15.28 18.73 3.75 4.35 3.33 3.79 3.90 4.69 Apr 25.58 31.83 10.37 13.13 15.64 20.92 3.86 5.11 3.37 4.10 4.03 5.49 May 25.98 31.13 10.49 13.21 16.00 20.11 3.95 5.05 3.45 3.86 4.14 5.47 Jun 26.27 25.57 10.76 12.10 16.35 17.15 4.05 4.30 3.47 3.30 4.34 5.13 Jul 26.52 25.37 10.83 10.46 16.36 14.33 4.14 4.54 3.50 3.29 4.42 4.47 Aug 26.62 25.41 10.92 10.77 16.31 14.70 4.16 4.01 3.51 3.37 4.48 4.78 Sep 26.52 23.45 10.86 9.49 16.16 13.34 4.16 3.96 3.50 3.18 4.49 4.23 Oct 26.65 28.00 11.07 11.83 16.46 18.16 4.27 5.02 3.53 3.72 4.59 5.00 Nov 26.60 25.50 11.16 10.99 16.52 15.93 4.27 4.03 3.55 3.48 4.65 4.79 Dec 26.39 23.45 11.20 9.82 16.53 13.82 4.30 3.97 3.56 3.40 4.71 4.33 43

Calendar Year 2007

City of Lakeland GW City of Winter Haven GW Polk Co. USA GW City of Haines City GW City of Sebring GW City of Auburndale GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 26.25 22.72 11.18 10.04 16.37 13.74 4.32 3.78 3.55 3.49 4.74 4.19 Feb 26.11 22.49 11.14 9.38 16.21 13.59 4.36 4.19 3.54 3.56 4.72 4.04 Mar 25.88 25.69 11.03 11.17 15.99 16.08 4.37 4.46 3.55 3.81 4.71 4.63 Apr 25.40 26.03 10.90 11.51 15.60 16.22 4.30 4.28 3.51 3.71 4.66 4.88 May 25.26 29.39 10.85 12.57 15.45 18.38 4.22 4.14 3.51 3.80 4.63 5.08 Jun 25.13 24.01 10.77 11.15 15.31 15.45 4.21 4.14 3.52 3.48 4.60 4.84 Jul 24.90 22.64 10.76 10.38 15.31 14.31 4.14 3.69 3.53 3.38 4.60 4.39 Aug 24.76 23.73 10.80 11.21 15.39 15.72 4.14 4.03 3.55 3.61 4.60 4.81 Sep 24.64 22.03 10.81 9.70 15.41 13.55 4.13 3.83 3.58 3.48 4.62 4.51 Oct 24.13 21.93 10.65 9.89 15.04 13.64 4.03 3.76 3.54 3.32 4.56 4.28 Nov 23.97 23.56 10.60 10.34 14.93 14.69 4.02 3.99 3.54 3.45 4.54 4.52 Dec 23.93 22.98 10.62 10.03 14.92 13.64 - - 3.54 3.36 - -

WUP 28.03 12.28 20.73 5.71 5.70 5.03 AAD Northern District Annual Average / Monthly Production (MGD)

Calendar Year 2000

Citrus Co. Water Hernando Co. Util. On Top of the World The Villages SW The Villages GW The Villages Reclaim Marion Co. Util. Dept. Res./Util./Withla. Dept. Communities Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 0.00 0.00 1.43 1.57 0.00 0.00 1.99 1.81 7.05 6.48 18.11 16.37 2.24 1.69 Feb 0.00 0.00 1.48 1.72 0.00 0.00 2.00 1.74 7.16 8.14 17.91 18.39 2.23 2.04 Mar 0.00 0.00 1.53 1.95 0.00 0.00 2.02 2.26 7.30 8.82 18.58 21.53 2.24 2.66 Apr 0.00 0.00 1.57 2.09 0.00 0.00 2.00 2.33 7.42 9.14 18.40 22.44 2.19 2.55 May 0.00 0.00 1.64 2.37 0.00 0.00 2.02 2.76 7.50 10.32 18.29 24.41 2.14 2.22 Jun 0.00 0.00 1.73 2.22 0.00 0.00 2.01 1.86 7.52 7.04 18.85 18.73 2.10 1.49 Jul 0.00 0.00 1.78 1.97 0.00 0.00 1.98 1.82 7.43 5.40 18.75 15.74 2.07 1.58 Aug 0.00 0.00 1.81 2.01 0.00 0.00 1.95 1.70 7.41 6.20 18.59 16.29 2.02 1.68 Sep 0.00 0.00 1.86 1.83 0.00 0.00 1.92 1.81 7.32 5.84 18.37 15.45 1.95 1.47 Oct 0.00 0.00 1.99 2.94 0.00 0.00 1.94 1.90 7.52 9.00 18.72 20.84 1.95 2.14 Nov 0.00 0.00 2.10 2.99 0.00 0.00 1.95 1.88 7.57 7.97 18.76 18.33 1.97 2.39 Dec 0.00 0.00 2.18 2.54 0.00 0.00 1.95 1.54 7.59 6.69 18.69 15.80 2.01 2.23 44

Calendar Year 2001

Citrus Co. Water Hernando Co. Util. On Top of the World The Villages SW The Villages GW The Villages Reclaim Marion Co. Util. Dept. Res./Util./Withla. Dept. Communities Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 0.00 0.00 2.22 2.01 0.00 0.00 1.93 1.61 7.59 6.54 18.61 15.31 1.98 1.38 Feb 0.00 0.00 2.28 2.47 0.00 0.00 1.93 1.67 7.50 7.08 18.49 16.99 1.96 1.71 Mar 0.00 0.00 2.32 2.33 0.00 0.00 1.84 1.24 7.31 6.55 18.15 17.51 1.79 0.67 Apr 0.00 0.00 2.41 3.23 0.00 0.00 1.82 2.10 7.24 8.20 17.99 20.43 1.74 1.94 May 0.00 0.00 2.56 4.13 0.00 0.00 1.79 2.34 7.15 9.30 17.97 24.24 1.74 2.21 Jun 0.00 0.00 2.64 3.20 0.00 0.00 1.80 1.94 7.18 7.42 17.92 18.07 1.73 1.39 Jul 0.00 0.00 2.72 2.90 0.00 0.00 1.78 1.63 7.22 5.87 17.80 14.33 1.69 1.03 Aug 0.00 0.00 2.87 3.88 0.00 0.00 1.79 1.82 7.32 7.42 17.88 17.30 1.67 1.46 Sep 0.00 0.00 2.98 3.10 0.00 0.00 1.78 1.66 7.37 6.37 17.91 15.71 1.68 1.54 Oct 0.00 0.00 3.07 4.07 0.00 0.00 1.78 1.95 7.23 7.39 17.73 18.71 1.67 2.08 Nov 0.00 0.00 3.19 4.41 0.00 0.00 1.76 1.59 7.14 6.84 17.96 21.17 1.64 2.02 Dec 0.00 0.00 3.33 4.18 0.00 0.00 1.75 1.42 7.22 7.65 18.28 19.63 1.62 1.96 Northern District Annual Average / Monthly Production (MGD)

Calendar Year 2002

Citrus Co. Water Hernando Co. Util. On Top of the World The Villages SW The Villages GW The Villages Reclaim Marion Co. Util. Dept. Res./Util./Withla. Dept. Communities Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 0.00 0.00 3.42 3.18 0.00 0.00 1.75 1.64 7.21 6.42 18.39 16.58 1.61 1.29 Feb 0.00 0.00 3.51 3.46 0.00 0.00 1.76 1.74 7.18 6.77 18.40 17.11 1.56 1.17 Mar 0.00 0.00 3.67 4.34 0.00 0.00 1.82 2.05 7.32 8.14 18.70 21.15 1.66 1.86 Apr 0.00 0.00 3.80 4.78 0.00 0.00 1.86 2.60 7.42 9.39 18.94 23.22 1.75 2.98 May 0.00 0.00 3.91 5.46 0.00 0.00 1.93 3.16 7.58 11.22 19.19 27.31 1.87 3.61 Jun 0.00 0.00 3.94 3.55 0.00 0.00 1.94 1.98 7.59 7.64 19.46 21.32 1.88 1.51 Jul 0.00 0.00 3.94 2.86 0.00 0.00 1.97 1.98 7.56 5.41 19.63 16.30 1.87 0.93 Aug 0.00 0.00 3.90 3.36 0.00 0.00 1.99 2.09 7.45 6.19 19.64 17.46 1.86 1.41 Sep 0.00 0.00 3.92 3.33 0.00 0.00 2.02 2.08 7.47 6.63 19.78 17.41 1.87 1.62 Oct 0.00 0.00 3.94 4.41 0.00 0.00 2.07 2.50 7.50 7.67 19.98 21.09 1.87 2.12 Nov 0.00 0.00 3.94 4.42 0.00 0.00 2.12 2.19 7.54 7.40 19.78 18.79 1.86 1.82 Dec 0.00 0.00 3.90 3.67 0.00 0.00 2.14 1.65 7.37 5.59 19.44 15.49 1.79 1.15 45

Calendar Year 2003

Citrus Co. Water Hernando Co. Util. On Top of the World The Villages SW The Villages GW The Villages Reclaim Marion Co. Util. Dept. Res./Util./Withla. Dept. Communities Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 0.00 0.00 3.98 4.13 0.00 0.00 2.14 1.70 7.35 6.19 19.46 16.84 1.79 1.24 Feb 0.00 0.00 4.02 3.98 0.00 0.00 2.14 1.72 7.27 5.83 19.38 16.17 1.79 1.19 Mar 0.00 0.00 3.99 3.95 0.00 0.00 2.12 1.81 7.12 6.28 18.98 16.32 1.74 1.26 Apr 0.00 0.00 4.09 5.94 0.00 0.00 2.13 2.67 6.75 4.90 18.90 22.36 1.66 2.02 May 0.00 0.00 4.19 6.69 0.00 0.00 2.11 2.99 6.64 9.93 18.73 25.19 1.56 2.45 Jun 0.00 0.00 4.29 4.81 0.00 0.00 2.10 1.89 6.60 7.22 18.33 16.57 1.55 1.43 Jul 0.00 0.00 4.58 6.27 0.00 0.00 2.08 1.65 6.76 7.28 18.37 16.70 1.62 1.68 Aug 0.00 0.00 4.69 4.63 0.00 0.00 2.05 1.78 6.79 6.60 18.21 15.62 1.63 1.55 Sep 0.00 0.00 5.23 9.88 0.00 0.00 2.15 3.31 7.20 11.46 18.33 18.78 1.68 2.27 Oct 0.00 0.00 5.58 8.58 0.00 0.00 2.09 1.79 7.27 8.56 18.32 21.06 1.68 2.15 Nov 0.00 0.00 5.98 9.22 0.00 0.00 2.09 2.14 7.31 7.84 18.40 19.71 1.69 1.88 Dec 0.00 0.00 6.36 8.25 0.00 0.00 2.01 0.64 7.48 7.71 18.67 18.71 1.71 1.46 Northern District Annual Average / Monthly Production (MGD)

Calendar Year 2004

Citrus Co. Water Hernando Co. Util. On Top of the World The Villages SW The Villages GW The Villages Reclaim Marion Co. Util. Dept. Res./Util./Withla. Dept. Communities Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 0.00 0.00 6.59 6.90 0.00 0.00 2.11 2.90 7.56 7.15 18.77 18.04 1.74 1.51 Feb 0.00 0.00 6.86 7.21 0.00 0.00 2.08 1.38 7.84 9.13 18.75 15.92 1.76 1.44 Mar 0.00 0.00 7.31 9.39 0.00 0.00 2.10 2.06 7.72 4.86 19.27 22.61 1.85 2.42 Apr 0.00 0.00 7.82 12.00 0.00 0.00 2.13 3.06 7.82 6.13 19.57 25.98 1.88 2.35 May 0.00 0.00 8.51 14.99 0.00 0.00 2.17 3.41 7.53 6.47 19.82 28.13 1.90 2.70 Jun 0.00 0.00 8.89 9.40 0.00 0.00 2.42 4.96 7.41 5.70 20.34 22.78 1.93 1.70 Jul 0.00 0.00 9.08 8.57 0.00 0.00 2.69 4.80 7.52 8.65 20.57 19.47 1.93 1.68 Aug 0.00 0.00 9.30 7.24 0.00 0.00 2.86 3.91 7.65 8.14 20.85 18.98 1.93 1.59 Sep 0.00 0.00 8.94 5.49 0.00 0.00 2.87 3.35 7.30 7.24 20.68 16.75 1.85 1.31 Oct 0.00 0.00 8.79 6.83 0.00 0.00 3.13 4.90 7.31 8.68 20.76 21.98 1.86 2.25 Nov 0.00 0.00 8.58 6.66 0.00 0.00 3.38 5.14 7.63 11.71 21.01 22.75 1.89 2.26 Dec 0.00 0.00 8.42 6.37 0.00 0.00 3.71 4.67 7.71 8.71 21.07 19.46 1.91 1.66 46 Calendar Year 2005

Citrus Co. Water Hernando Co. Util. On Top of the World The Villages SW The Villages GW The Villages Reclaim Marion Co. Util. Dept. Res./Util./Withla. Dept. Communities Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 0.00 0.00 8.42 6.83 0.00 0.00 3.87 4.83 7.86 8.93 21.22 19.82 1.92 1.65 Feb 0.00 0.00 8.41 7.16 0.00 0.00 4.17 5.00 7.84 8.91 21.62 20.68 1.92 1.53 Mar 0.00 0.00 8.15 6.29 0.12 1.50 4.38 4.51 8.10 7.99 21.27 18.40 1.84 1.36 Apr 0.17 2.05 7.70 6.54 0.27 1.69 4.60 5.72 8.44 10.10 21.12 24.25 1.79 1.82 May 0.34 2.02 7.01 6.69 0.40 1.62 4.67 4.20 8.83 11.23 20.98 26.46 1.76 2.36 Jun 0.48 1.73 6.63 4.87 0.55 1.77 4.55 3.56 8.99 7.63 20.70 19.41 1.74 1.43 Jul 0.72 2.88 6.34 5.10 0.66 1.39 4.53 4.58 8.97 8.42 20.66 19.03 1.75 1.85 Aug 1.15 5.14 6.27 6.40 0.78 1.40 4.64 5.22 9.12 9.94 20.88 21.57 1.78 1.91 Sep 1.54 4.61 6.38 6.75 0.88 1.18 4.85 5.85 9.48 11.54 21.52 24.41 1.87 2.42 Oct 1.82 3.40 6.38 6.84 1.04 1.86 4.90 5.46 9.59 10.02 21.52 21.97 1.87 2.21 Nov 2.07 2.96 6.48 7.92 1.19 1.86 4.95 5.81 9.50 10.62 21.59 23.63 1.89 2.45 Dec 2.26 2.35 6.39 5.33 1.35 1.96 4.93 4.39 9.38 7.28 21.46 17.91 1.88 1.60 Northern District Annual Average / Monthly Production (MGD)

Calendar Year 2006

Citrus Co. Water Hernando Co. Util. On Top of the World The Villages SW The Villages GW The Villages Reclaim Marion Co. Util. Dept. Res./Util./Withla. Dept. Communities Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 2.29 0.32 6.68 10.30 1.51 1.90 4.97 5.40 9.38 8.92 21.59 21.34 1.90 1.83 Feb 2.50 2.49 6.71 7.45 1.66 1.80 4.96 4.86 9.37 8.76 21.58 20.60 1.90 1.61 Mar 2.68 2.16 7.29 13.25 1.71 2.03 5.20 7.36 9.75 12.57 22.45 28.81 2.01 2.59 Apr 2.60 1.10 7.92 14.12 1.72 1.85 5.37 7.77 10.09 14.19 23.22 33.49 2.11 3.02 May 2.43 0.06 9.03 20.02 1.71 1.48 5.69 8.06 10.35 14.36 23.65 31.59 2.17 3.13 Jun 2.43 1.74 9.94 15.85 1.72 1.94 6.00 7.26 10.72 12.04 24.20 26.05 2.28 2.73 Jul 2.38 2.23 10.51 11.94 1.77 1.93 6.18 6.73 10.96 11.24 24.64 24.38 2.37 2.90 Aug 2.20 2.92 10.96 11.75 1.80 1.75 6.37 7.51 11.02 10.66 24.84 23.94 2.52 3.70 Sep 1.88 0.81 11.48 12.97 1.85 1.87 6.45 6.76 10.91 10.29 24.72 22.89 2.62 3.62 Oct 1.60 0.00 12.35 17.32 1.86 1.90 6.68 8.27 11.25 14.11 25.36 29.68 2.81 4.56 Nov 1.39 0.47 12.98 15.49 1.86 1.92 6.82 7.43 11.39 12.27 25.50 25.30 2.94 4.02 Dec 1.21 0.22 13.51 11.68 1.88 2.17 6.99 6.44 11.65 10.43 25.85 22.16 3.08 3.30 47 Calendar Year 2007

Citrus Co. Water Hernando Co. Util. On Top of the World The Villages SW The Villages GW The Villages Reclaim Marion Co. Util. Dept. Res./Util./Withla. Dept. Communities Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Jan 1.29 1.34 13.51 10.25 1.92 2.34 7.01 5.69 11.69 9.37 25.76 20.28 3.15 2.58 Feb 1.22 1.65 13.62 8.77 1.97 2.50 7.09 5.83 11.72 9.13 25.70 19.83 3.22 2.48 Mar 1.07 0.25 13.60 13.05 2.00 2.37 7.04 6.73 11.60 11.10 25.21 22.92 3.24 2.88 Apr 1.05 0.84 13.73 15.73 2.04 2.26 7.04 7.76 11.41 11.88 24.34 23.01 3.26 3.16 May 1.05 0.14 13.53 17.60 2.08 2.06 7.11 8.91 11.33 13.49 24.04 28.07 3.31 3.80 Jun 1.10 2.30 13.28 12.87 2.09 2.02 7.14 7.61 11.32 11.84 23.82 23.42 3.36 3.34 Jul 1.22 3.67 13.00 8.58 2.10 2.03 7.09 6.15 11.22 10.11 23.52 20.70 3.39 3.26 Aug 1.41 5.22 12.77 8.94 2.13 2.08 7.01 6.52 11.27 11.19 23.28 21.15 3.41 3.98 Sep 1.63 3.46 12.50 9.75 2.14 2.09 6.95 6.05 11.24 9.91 23.06 20.17 3.42 3.70 Oct 2.05 5.08 11.62 6.72 2.20 2.60 6.77 6.11 10.87 9.66 22.25 20.01 3.34 3.59 Nov 2.33 3.81 11.14 9.70 2.25 2.53 6.71 6.68 10.72 10.58 21.96 21.76 3.33 3.91 Dec 2.57 3.09 10.95 9.41 2.29 2.64 6.53 4.29 10.62 9.15 21.60 17.92 3.33 3.23

WUP 4.02 19.75 8.18 11.24 22.40 5.82 AAD Annual Average / Monthly Production (MGD) for Other Tampa Bay Area Permits

Calendar Year 2000

City of Plant City GW City of Dunedin GW City of Clearwater GW Pasco County Utilities GW City of Temple Terrace GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 5.84 4.44 4.96 4.68 3.04 2.73 1.88 1.44 3.80 3.64 Feb 5.96 6.75 4.96 5.47 3.11 3.88 1.84 1.71 3.81 3.85 Mar 5.97 6.31 5.01 5.98 3.06 2.83 1.82 2.37 3.81 4.24 Apr 5.92 6.38 4.98 5.19 3.03 2.53 1.73 1.85 3.79 4.39 May 5.98 7.50 5.09 6.02 3.10 3.44 1.70 2.30 3.85 4.72 Jun 5.97 6.12 5.15 5.30 3.03 2.75 1.69 1.58 3.83 3.45 Jul 5.97 5.44 5.11 4.74 3.04 2.79 1.71 2.16 3.80 3.28 Aug 5.96 5.41 5.10 4.69 3.03 3.55 1.75 2.18 3.77 3.35 Sep 5.90 5.37 5.10 5.17 3.03 2.95 1.79 2.00 3.77 3.48 Oct 5.97 6.17 5.19 5.24 3.08 3.42 1.88 2.47 3.85 4.51 Nov 5.98 6.11 5.24 5.37 3.06 3.03 1.95 2.34 3.89 4.16

48 Dec 5.89 4.63 5.25 5.11 3.05 2.77 2.07 2.46 3.91 3.80

Calendar Year 2001

City of Plant City GW City of Dunedin GW City of Clearwater GW Pasco County Utilities GW City of Temple Terrace GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 5.97 5.48 5.26 4.79 3.10 3.24 2.18 2.75 3.92 3.80 Feb 5.88 5.68 5.22 5.03 3.01 2.79 2.27 2.80 3.89 3.55 Mar 5.81 5.37 5.17 5.40 3.01 2.82 2.32 2.94 3.84 3.56 Apr 5.77 5.91 5.18 5.32 3.07 3.31 2.44 3.34 3.83 4.24 May 5.71 6.78 5.10 5.09 3.09 3.68 2.58 3.88 3.81 4.54 Jun 5.66 5.60 5.10 5.31 3.10 2.92 2.70 3.03 3.84 3.75 Jul 5.61 4.77 5.11 4.84 3.20 3.88 2.76 2.95 3.83 3.24 Aug 5.52 4.34 5.16 5.25 3.13 2.80 2.85 3.29 3.82 3.13 Sep 5.53 5.48 5.13 4.84 3.14 3.09 2.97 3.35 3.81 3.40 Oct 5.48 5.61 5.12 5.08 3.10 2.90 2.99 2.80 3.74 3.73 Nov 5.45 5.74 5.09 4.97 3.06 2.53 3.25 5.43 3.71 3.81 Dec 5.54 5.67 5.09 5.22 3.03 2.37 3.36 3.73 3.73 3.97 Annual Average / Monthly Production (MGD) for Other Tampa Bay Area Permits

Calendar Year 2002

City of Plant City GW City of Dunedin GW City of Clearwater GW Pasco County Utilities GW City of Temple Terrace GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 5.55 5.62 5.13 5.22 2.99 2.77 3.42 3.47 3.71 3.63 Feb 5.53 5.43 5.17 5.51 2.95 2.37 3.47 3.40 3.73 3.80 Mar 5.51 5.23 5.13 4.90 2.84 1.41 3.48 3.06 3.78 4.08 Apr 5.53 6.14 5.13 5.37 2.64 0.99 3.49 3.53 3.79 4.37 May 5.58 7.36 5.18 5.64 2.40 0.81 3.38 2.48 3.76 4.27 Jun 5.58 5.59 5.18 5.26 2.25 1.07 3.37 2.94 3.77 3.80 Jul 5.62 5.19 5.18 4.91 2.19 3.13 3.37 2.94 3.82 3.85 Aug 5.68 5.14 5.16 5.01 2.19 2.85 3.37 3.31 3.85 3.54 Sep 5.67 5.29 5.17 4.98 2.23 3.58 3.39 3.60 3.84 3.27 Oct 5.65 5.41 5.19 5.33 2.36 4.42 3.52 4.32 3.85 3.85 Nov 5.64 5.65 5.23 5.35 2.44 3.56 3.44 4.44 3.85 3.76 Dec 5.57 4.82 5.21 5.00 2.54 3.47 3.44 3.82 3.80 3.33 49

Calendar Year 2003

City of Plant City GW City of Dunedin GW City of Clearwater GW Pasco County Utilities GW City of Temple Terrace GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 5.53 5.06 5.19 5.07 2.67 4.37 3.45 3.51 3.79 3.58 Feb 5.51 5.22 5.20 5.57 2.80 3.90 3.54 4.54 3.77 3.55 Mar 5.53 5.45 5.21 4.99 2.97 3.55 3.67 4.57 3.72 3.41 Apr 5.52 6.06 5.19 5.22 3.21 3.87 3.81 5.22 3.70 4.16 May 5.41 6.02 5.15 5.11 3.45 3.60 4.07 5.62 3.71 4.39 Jun 5.31 4.38 5.12 4.85 3.64 3.41 4.15 3.97 3.70 3.76 Jul 5.35 5.70 5.12 4.95 3.68 3.63 4.30 4.68 3.68 3.56 Aug 5.34 5.07 5.11 4.93 3.77 3.87 4.35 3.95 3.59 2.43 Sep 5.36 5.52 5.11 4.98 3.73 3.14 4.40 4.21 3.62 3.67 Oct 5.40 5.91 5.08 4.93 3.65 3.48 4.49 5.32 3.64 4.06 Nov 5.42 5.80 5.05 5.02 3.63 3.31 4.54 5.04 3.69 4.35 Dec 5.48 5.57 5.05 5.03 3.65 3.71 4.59 4.48 3.74 4.01 Annual Average / Monthly Production (MGD) for Other Tampa Bay Area Permits

Calendar Year 2004

City of Plant City GW City of Dunedin GW City of Clearwater GW Pasco County Utilities GW City of Temple Terrace GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 5.51 5.38 5.06 5.13 3.60 3.69 4.64 4.02 3.76 3.81 Feb 5.51 5.32 5.01 4.95 3.59 3.79 4.56 3.70 3.87 4.87 Mar 5.55 5.94 5.05 5.51 3.57 3.30 4.58 4.78 3.92 4.02 Apr 5.58 6.40 5.06 5.37 3.54 3.52 4.62 5.62 3.95 4.41 May 5.66 7.00 5.08 5.35 3.52 3.37 4.65 6.04 3.96 4.51 Jun 5.83 6.36 5.12 5.32 3.51 3.36 4.71 4.74 3.98 4.06 Jul 5.81 5.46 5.12 4.91 3.50 3.49 4.66 4.05 3.99 3.68 Aug 5.81 5.08 5.11 4.77 3.43 2.96 4.60 3.25 4.06 3.30 Sep 5.76 4.89 5.08 4.65 3.41 2.99 4.49 2.84 4.03 3.33 Oct 5.75 5.79 5.08 4.99 3.41 3.41 4.36 3.74 4.03 4.06 Nov 5.77 6.02 5.09 5.07 3.42 3.42 4.27 4.02 4.03 4.32 Dec 5.75 5.41 5.08 4.96 3.40 3.51 4.20 3.57 4.02 3.82 50

Calendar Year 2005

City of Plant City GW City of Dunedin GW City of Clearwater GW Pasco County Utilities GW City of Temple Terrace GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 5.77 5.59 5.07 4.95 3.40 3.68 4.13 3.26 4.03 4.02 Feb 5.82 5.90 5.10 5.30 3.36 3.37 4.06 2.80 3.98 4.27 Mar 5.78 5.45 5.06 5.03 3.39 3.58 3.92 3.11 3.97 3.86 Apr 5.75 5.99 5.06 5.39 3.40 3.67 3.75 3.57 3.96 4.25 May 5.69 6.27 5.04 5.17 3.41 3.49 3.54 3.51 3.97 4.64 Jun 5.61 5.44 5.01 4.87 3.43 3.62 3.37 2.71 3.95 3.88 Jul 5.60 5.39 5.00 4.84 3.44 3.61 3.26 2.69 3.96 3.78 Aug 5.68 6.07 5.01 4.95 3.50 3.65 3.24 3.02 4.01 3.86 Sep 5.78 6.02 5.06 5.23 3.57 3.83 3.28 3.29 4.08 4.15 Oct 5.77 5.64 5.06 5.01 3.60 3.71 3.21 3.00 4.06 3.85 Nov 5.73 5.59 5.05 4.91 3.59 3.41 3.13 3.05 4.05 4.22 Dec 5.71 5.21 5.07 5.16 3.58 3.33 3.05 2.63 4.04 3.64 Annual Average / Monthly Production (MGD) for Other Tampa Bay Area Permits

Calendar Year 2006

City of Plant City GW City of Dunedin GW City of Clearwater GW Pasco County Utilities GW City of Temple Terrace GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 5.72 5.64 5.07 4.96 3.58 3.67 3.04 3.12 4.05 4.24 Feb 5.68 5.48 5.05 5.02 3.56 3.20 3.13 3.85 4.03 3.96 Mar 5.78 6.68 5.07 5.32 3.62 4.19 3.24 4.49 4.11 4.79 Apr 5.91 7.53 5.08 5.57 3.60 3.49 3.39 5.30 4.19 5.26 May 5.98 7.08 5.11 5.54 3.66 4.18 3.52 5.05 4.23 5.14 Jun 6.07 6.57 5.14 5.21 3.65 3.54 3.66 4.48 4.29 4.60 Jul 6.10 5.75 5.13 4.70 3.72 4.44 3.79 4.23 4.33 4.20 Aug 6.11 6.10 5.09 4.44 3.76 4.11 3.88 4.10 4.36 4.30 Sep 6.02 5.02 5.07 5.01 3.81 4.44 3.92 3.68 4.36 4.14 Oct 6.11 6.66 5.06 4.94 3.82 3.83 4.10 5.25 4.48 5.32 Nov 6.16 6.19 5.04 4.67 3.86 3.88 4.22 4.41 4.50 4.35 Dec 6.20 5.72 5.00 4.66 3.86 3.34 4.28 3.44 4.53 4.11 51

Calendar Year 2007

City of Plant City GW City of Dunedin GW City of Clearwater GW Pasco County Utilities GW City of Temple Terrace GW

Month Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly Ann Avg Monthly

Jan 6.20 5.66 4.98 4.67 3.82 3.18 4.35 3.92 4.51 3.91 Feb 6.20 5.42 4.96 4.82 3.83 3.33 4.36 4.00 4.49 3.77 Mar 6.17 6.30 4.94 5.12 3.76 3.41 4.35 4.33 4.44 4.14 Apr 6.09 6.59 4.89 4.95 3.75 3.27 4.27 4.36 4.35 4.24 May 6.12 7.43 4.88 5.44 3.66 3.19 4.30 5.37 4.32 4.74 Jun 6.09 6.29 4.83 4.60 3.64 3.21 4.29 4.32 4.27 4.03 Jul 6.10 5.79 4.83 4.69 3.57 3.70 4.21 3.32 4.22 3.56 Aug 6.08 5.86 4.85 4.65 3.51 3.33 4.19 3.88 4.17 3.76 Sep 6.15 5.85 4.82 4.63 3.41 3.27 4.13 2.98 4.14 3.74 Oct 6.08 5.91 4.79 4.55 3.35 3.14 3.95 3.09 4.01 3.79 Nov 6.09 6.30 4.78 4.64 3.31 3.35 3.88 3.48 3.98 3.91 Dec 6.11 6.00 4.79 4.71 3.31 3.29 - - 3.95 3.79

WUP 9.85 6.62 6.25 6.16 5.10 AAD

52 Item 56

Regulation Committee January 29, 2008

Routine Report

Public Supply Benchmarks

The Board has expressed an interest in having comparative information available for public supply water use. This chart includes information relating to both potable and reclaimed water usage from county and regional perspectives. Utility, population, per capita use, and water rate information is contained on the left side of the table. Wastewater flow and reclaimed water information is presented on the right side, including the amount of ground water offset by the reclaimed water. Sources and notes are displayed below the chart. The table was updated in November with provisional 2006 information in order to make available the most recent data on hand. Note, however, that the data are still being analyzed and are subject to refinement after further review.

Staff Recommendation: See Exhibit

This item is provided for the Committee’s information, and no action is required.

Presenter: Paul O'Neil, P.E., Director, Regulation Performance Management Department

53 Potable and Reclaimed Water Benchmarks, 2006.

Gross Fixed 8 Service Area 7 Ann. Avg. Waste Water Ann. Avg. Reclaimed Avg. Offset from County or # Per Charge Part Total Water Bills Population (# Waste Water Disposed (AADF) Water Utilized (mgd) Reclaimed Water Region Utilities Capita of Water persons) 1 Flow (mgd) Use Bills 8 Kgal 12 Kgal 16 Kgal mgd % mgd % mgd % Charlotte 6 168,931 101$ 17.49 $ 48.04 $ 66.22 87.27$ 9.54 7.11 75% 9 2.43 25% 1.95 80% Citrus 12 87,576 208$ 7.90 $ 17.82 $ 23.23 29.04$ 3.28 3.25 99% 10 0.03 1% 0.02 67% DeSoto 2 10,563 99$ 17.51 $ 32.03 $ 43.64 55.25$ 1.39 0.61 44% 9 0.78 56% 0.48 62% Hardee 3 10,968 131$ 8.65 $ 14.97 $ 20.73 26.54$ 1.25 0.31 25% 9 0.94 75% 0.94 100% Hernando 3 148,770 177$ 6.00 $ 14.96 $ 20.30 26.03$ 4.87 2.61 54% 10 2.26 46% 1.91 85% Highlands 13 84,369 112$ 9.09 $ 24.44 $ 33.33 42.62$ 2.38 2.38 100% 10 00%00% Hillsborough 14 1,221,035 117$ 5.66 $ 22.60 $ 34.38 47.73$ 99.06 64.65 65% 9 34.41 35% 25.29 73% Lake2 0------0.00 0.00 0% 10 00%00% Levy 3 5,848 131$ 11.36 $ 26.94 $ 38.52 51.41$ 0.16 0.16 100% 10 00%00% Manatee 4 382,103 110$ 7.49 $ 21.52 $ 29.89 41.08$ 30.80 11.04 36% 9 19.76 64% 12.08 61% Marion 19 50,055 249$ 8.88 $ 20.68 $ 27.61 34.56$ 4.70 3.40 72% 10 1.30 28% 0.94 72% Pasco 23 386,178 120$ 6.32 $ 23.37 $ 33.83 45.11$ 24.60 8.30 34% 10 16.30 66% 9.03 55% Pinellas 11 1,084,311 98$ 7.22 $ 34.82 $ 53.29 72.61$ 98.46 44.38 45% 9 54.08 55% 29.20 54% Polk 38 538,707 144$ 7.83 $ 19.36 $ 27.73 37.25$ 30.13 9.07 30% 11 21.06 70% 19.58 93% Sarasota 8 408,469 87$ 12.14 $ 33.33 $ 51.01 78.48$ 23.91 11.58 48% 9 12.33 52% 9.19 75% Sumter 9 75,612 228$ 7.83 $ 16.74 $ 22.30 29.71$ 4.33 -0.58 -13% 10,12 4.91 113% 3.58 73% 54 Total 168 4,663,495 119$ 7.61 $ 26.47 $ 39.29 54.15$ 338.86 168.27 50% 170.59 50% 114.19 67% 3 NTB Area 45 2,386,986 110$ 7.00 $ 31.98 $ 48.46 65.78$ 204.54 108.60 53% 95.94 47% 57.53 60% SWUCA - 4 Coastal Area 21 1,264,041 101$ 7.94 $ 26.05 $ 38.76 54.89$ 81.83 27.32 33% 43.37 67% 29.21 67% SWUCA - 5 Inland Area 56 644,607 139$ 8.16 $ 20.14 $ 28.58 38.03$ 35.15 12.37 35% 22.78 65% 21.00 92% 6 Northern Area 46 367,861 203$ 7.29 $ 16.96 $ 22.68 29.07$ 17.34 8.84 51% 8.50 49% 6.45 76% Total 168 4,663,495 119$ 7.61 $ 26.47 $ 39.29 54.15$ 338.86 157.13 46% 170.59 54% 114.19 67% Water use data source: 2006 Estimated Water Use Report, Table A-1 (Unpublished Draft SWFWMD, October 2007) Reclaimed water data source: 2006 Reuse Inventory, SWFWMD Revision (SWFWMD, 2007) 1Gross Per Capita Use= [withdrawal + imports - exports - treatment loss] / total service area population, calculated for each county or planning area. 2 There are no utilities in the portion of Lake County within the District. 3 Includes Pasco and Pinellas counties, and the portion of Hillsborough County not in the SWUCA. 4 Includes the coastal area of the SWUCA captures all of Manatee, Sarasota, and Charlotte counties, and the portion of Hillsborough County in the SWUCA. 5 Includes the inland area of SWUCA and captures all of DeSoto, Hardee, Highlands and Polk counties. 6 Includes the six northern counties within the District (north of, and not including, Pasco County). 7 Population-weighted average water bill for 8,000, 12,000 and 16,000 gallons per month (FY 2007). 8 Treated wastewater available for use (i.e., reclaimed water). 9 Recharge to the Floridan Aquifer from disposal of reclaimed water in rapid infiltration basins is low in the county. 10 Recharge to the Floridan aquifer from disposal of reclaimed water is high in most of the county. 11 Recharge to the Floridan aquifer from disposal of reclaimed water in rapid infiltration basins ranges from very low to very high in the county. 12 Negative value for discharge reflects the use of reclaimed water from Marion County, outside of District boundaries, to serve the Villages in Sumter County, within District boundaries. November 2007 Item 57

Regulation Committee January 29, 2008

Routine Report

Resource Regulation Significant Initiatives Report

This report provides information regarding significant activities within the Resource Regulation Division. Recent activity within each of the District's major permitting programs is provided, followed by information regarding other significant activities.

Monthly Resource Regulation Activity

Environmental Resource Permits Issued – November 2007 Type of Permit Bartow Brooksville Sarasota Tampa Totals Gen Minor Sys 11 19 16 25 71 Noticed Generals 7 6 2 8 23

Generals 46 37 32 58 173 Individuals 2 2 7 0 11 Formal Wetland 1 5 3 5 Determinations 14 ERP Conceptuals 0 0 1 0 1 ERP Site Condition 1 0 0 0 1 Totals 68 69 61 96 294 Water Use Permits Issued – November 2007 Type of Permit Bartow Brooksville Sarasota Tampa Totals Small Generals 20 119 2 20 161 Generals 5 1 0 2 8 Individuals 4 4 5 4 17 Totals 29 124 7 26 186 Well Construction Permits Issued – November 2007 Type of Permit Bartow Brooksville Sarasota Tampa Totals Well Construction 186 218 91 203 698 Compliance Activities – November 2007 Description Bartow Brooksville Sarasota Tampa Totals As-Builts Processed 30 46 49 66 191 ERP Const Inspections 191 77 128 247 643 Transfer to Operation 33 60 50 44 187 Complaints Investigated 24 15 17 10 66 Well Const Inspections 29 122 11 39 201 Totals 307 320 255 406 1288

• Central Florida Coordination Area - Regulation and Legal staff have been coordinating with St. John's River and South Florida district staff on the development of regulations for the Central Florida Coordination Area. The first phase of regulations was approved by all three Governing Boards at their December meetings. Staff from the three Districts is now in the planning stage for the second phase of regulations, which will focus on longer-term solutions to the area's water resource issues. Also, staff is meeting to discuss the Kissimmee River yield study which has water supply implications throughout the area. New activities since last meeting: A meeting of the three District's staff has been scheduled for late January.

• Conserve Florida - Statewide Water Conservation - Staff is actively engaged in Conserve Florida (the statewide initiative to develop a water conservation program for public supply)

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because there are many potential regulatory implications. Active engagement involves participation in a statewide workgroup and its various committees. The main product of this initiative, to date, is a web-based computer application called The Guide which a utility can use to develop or update its water conservation plan. The Guide identifies recommended and optional elements to include in the water conservation plan based on the utility's profile (size, mix of customers, existing efforts, etc). In late 2006 and early 2007, staff participated in a pilot project involving three utilities who tested the application and the interaction that it facilitates between utility representatives and regulatory staff. This pilot project resulted in the identification of needed fixes and recommended enhancements, and these changes were prioritized and are now in the process of being implemented. In addition to work directly related to The Guide, the Conserve Florida workgroup, and its committees, continue to contribute oversight and ideas to the Conserve Florida Clearinghouse (a website presence and initiative-related outreach by University of Florida staff and students, including technical support for The Guide and an on-line water conservation library that is under development). In addition to recruiting utilities to use Conserve Florida resources, so that utilities and water management district staff gain more experience with The Guide in regulatory settings, staff has been providing input to the University of Florida staff updating the Clearinghouse's long- term work plan and staff has also been participating in a committee that is charged with drafting research agenda for the Clearinghouse to facilitate in future budget years. This committee drafted a research agenda, essentially a list of research questions that will be to be revised based on a November 30 workshop in Gainesville. New activities since last meeting: The committee's plans for the November 30 research agenda workshop have been finalized, and staff will be facilitating a portion of the workshop as well as participating in all applicable discussions. The goal is to have researchers and cooperators help refine the draft document by identifying existing studies, prioritizing unmet needs, and discussing potential funding sources. The next full Conserve Florida workgroup is scheduled for December 13. In addition to receiving Clearinghouse work updates and discussing the research agenda, topics will include the status of ideas included in "Being Drought Smart – Recommendations for a Drought Resistant Florida" (a report from FDEP with recommendations for improving the state's ability to respond to future droughts).

• Statewide Per-Capita Consistency – At the DEP/WMD Regulatory Coordination meeting in September, the districts and DEP agreed to the use of two general per capita measures for reporting to DEP. The first is the Uniform Gross Per Capita Measure which includes all water use by the utility and is calculated in a manner similar to the District's methodology. The second is the Uniform Residential Per Capita Measure and includes only water use supplied to dwelling units served by the utility. In both measures, the population is a served residential population calculated as the number of dwelling units served times an estimated number of persons per household. The SWFWMD will be able to calculate these measures with some additional effort, assuming the residential use reporting requirements of the proposed SWUCA II per capita expansion rules are adopted. Several districts will be required to shift or add additional staff resources and introduce new permittee reporting requirements to calculate these measures. No changes will be required to the ways in which SWFWMD calculates per capita for permitting and compliance purposes. This resolution to the issue was discussed and approved at the September Interdistrict/FDEP Coordination meeting among the Secretary, Board Chairs and Executive Directors. A new draft of the guidance document was emailed to Work Group members on October 7th. As requested, the District prepared comments on the draft guidance document. The Statewide Per Capita Consistency Workgroup met by teleconference on November 7, 2007. The discussion focused on the details of estimating the agreed upon gross per capita and residential per capita measures and the deadline for being able to produce those measures. New activities since last meeting: Implementation of the uniform per capita reporting is scheduled for discussion at the January DEP/WMD Water Use Permitting statewide coordination meeting.

• Statewide Stormwater Rule – Staff continues to coordinate with the FDEP and other water management districts regarding potential changes to the water quality components of the ERP program. These changes include enhancements to existing best management practices (BMPs) and the addition of new BMPs to achieve higher levels of pollutant removal.

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Improvements in pollutant removal efficiencies are necessary to meet the performance standards established in the State Water Resource Implementation Rule (62-40, F.A.C.) and to meet Total Maximum Daily Loads established for impaired waters. The executive directors and staff from the water management districts met with DEP Secretary Sole and his staff on October 26 to discuss pertinent issues related to the new stormwater rule. Among the issues discussed were urban redevelopment, scientific peer review, and the possibility of legislation to guide rule development. A complete draft rule for public review is still under development. FDEP is expected to assemble advisory groups of technical experts and regulated interests in early 2008. No specific target date has been identified for the new rule but it is likely that rulemaking will take at least another year. New activities since last meeting: There has been no new activity; the next meeting is scheduled for January 16, 2008.

• Cooperation with USDA-NRCS – At the close of FY 2007, the USDA-Natural Resources Conservation Service (NRCS) completed the design of 30 agricultural exemption projects (17 Ordinary Farming category, 2 Temporary Farming category, 11 Permanent Farming category) as part of the District's Agricultural Ground & Surface Water Management (AGSWM) program. To date in this fiscal year, there have been 6 agricultural exemption projects submitted (3 Ordinary Farming category, 2 Temporary Farming category, 1 Permanent Farming category). During the month of November 2007, the RPM regional agricultural team held 3 service office agricultural team meetings for coordination/training purposes; assisted in 1 agricultural related legal resolution cases; presented an agricultural program overview and update at the semi-annual FDACS/FDEP/WMD meeting in Tallahassee, participated in the Hillsborough County Environmental Protection Commission public workshop for their proposed wetland rulemaking effort, and met with the USDA-NRCS to solicit revisions for our District's AGSWM program. New activities since last meeting: There were two (2) AGSWM field pre- application meetings scheduled in December 2007. There were also four (4) monthly agricultural team meetings, the annual Florida Agricultural Expo at IFAS in Balm, a quarterly FARMS interagency coordination meeting at IFAS in Balm, an Organic Waste Reuse presentation in Sarasota, and a monthly coordination meeting to migrate the AGMOD water use allocation program into WMIS.

New activities since last meeting: • Environmental Protection Agency (EPA) Superfund Site Memorandum of Agreement (SMOA) - The United States EPA Region 4 in Atlanta requested the District implement institutional controls related to contaminated ground water at certain EPA Superfund sites located within the District's boundaries. The first meeting took place on December 10, 2007, to explore a draft SMOA, which is under development and is intended to address the need for institutional controls related to contaminated ground water at certain superfund sites within the District's boundaries. The intent of the draft is to review the existing ground water contamination at one of the superfund sites named Landia Chemical. Additional sites will be added as data becomes available from EPA. The EPA will provide the District with GIS files which identify the full lateral extent of all ground water contaminants above drinking water standards. The EPA, the District and Florida Department of Environmental Protection (FDEP) will work closely in a collaborative manner to establish the frequency by which the information will be updated. A buffer zone should be established by the EPA and the District, both in the lateral and vertical direction. The buffer zone will vary by contaminant type and geology and should be developed on a site-by-site basis. The intent of the SMOA is for EPA to give the District adequate information on contaminant concentrations and extent of contamination to prevent any wells from being permitted or storm water ponds being constructed within the zone of ground water contamination or within close proximity to cause the migration of contaminants.

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• Tampa Bay Water Mitigation Policy Coordination Effort - Tampa Bay Water (TBW) attended the District's Well Drillers Advisory Committee (WDAC) October 2007 meeting and presented their current well mitigation policy as it relates to existing or new wells being constructed in TBW well field mitigation areas. TBW requested the District alert them of any new well permit applications submitted within the TBW mitigation areas. District staff developed a process that will allow TBW staff to access this information through the District's online well construction portal (WMIS). A meeting was held with TBW representatives on January 4, 2008, to demonstrate how the information could be obtained in order for TBW staff to contact the home owners and alert them to the TBW standards that would be necessary if the home owner, in the future, had problems with their well and requested TBW to mitigate the problem. TBW was very appreciative of the coordination effort and process that was developed and is currently using the process and providing feedback to the District on any process improvements that might be necessary. TBW and District staff will provide an update of this process at the next WDAC meeting on January 23, 2008.

Staff Recommendation:

This item is provided for the Committee’s information, and no action is required.

Presenter: Richard S. Owen, Deputy Executive Director, Regulation Division

58 E. Resource Mgt. Committee Governing Board Meeting January 29, 2008

Resource Management Committee

Discussion Items

58. Consent Item(s) Moved for Discussion

59. Polk County Comprehensive Water Supply Plan – Funding Request...... (10 minutes) ...... 2 (Strategic Plan: Water Supply – Regional Water Supply Planning)

Submit & File Reports – None

Routine Reports

60. Significant Water Supply and Resource Development Projects ...... 4

61. Watershed Management Program and Federal Emergency Management Agency Map Modernization Status Report ...... 14

62. Florida Forever Funding Status Report ...... 17

63. Minimum Flows and Levels Status Report ...... 21

64. Hydrologic Conditions Status Report ...... 25

65. Structure Operations Status Report ...... 27

Item 59

Resource Management Committee January 29, 2008

Discussion Item

Polk County Comprehensive Water Supply Plan – Funding Request

Purpose This item is to request the Governing Board approve of an out-of-cycle funding request from Polk County to develop a Comprehensive Water Supply Plan. The County has estimated the cost to prepare the Plan at $955,318 and is requesting the District fund half or $477,659. Staff is recommending the Board (1) authorize the Executive Director to enter into an agreement with Polk County for the Polk County Comprehensive Water Supply Plan with the District's share divided between the Governing Board and Peace River Basin Board, contingent upon approval by the Peace River Basin Board; and (2) approve the transfer of $238,830 from the General Fund Water Supply and Resource Development Reserve funds for this project. The balance of the District’s share is contingent upon the Basin’s approval and transfer of an equal amount from its Water Supply and Resource Development Reserves. The District has had recent discussions with South Florida Water Management District (SFWMD) and they have indicated a willingness to participate in the project and contribute funding. Any contribution by SFWMD would have the potential to reduce both the County and District's share.

Background/History Based on the recent results from the Kissimmee River Water Supply Feasibility Study and limitations on future sources of water from outside its boundaries, Polk County has requested the District participate in a more detailed analysis of available groundwater and alternative water supplies within the County. As reflected in the Financial Engine presentations to the Board over the last two years, District staff has been working closely with the County on its water supply planning efforts and has anticipated this request. Time is of the essence given Polk County's growing demand and the regulatory requirements within the Central Florida Coordination Area and Southern Water Use Caution Area.

Benefits/Costs The Polk County Comprehensive Water Supply Plan will identify viable potable water supply sources and conservation to meet the future potable and non-potable water demands of various public utility systems within Polk County. This process will include investigation of multiple water resources including conservation, reclaimed water, storm water, surface water and ground water. The Plan will address the technical, economic, environmental, jurisdictional and regulatory factors associated with development of these potential new sources. The water supply planning effort will first include identification, quantification and confirmation of the types and amounts of new water supply that can be developed, and then address aligning the sources with prospective water supply partners. Most importantly, the Plan will set forth immediate projects and strategies which materially provide new water supplies for targeted public utilities. The Plan will outline a set of real, attainable, affordable and significant water supply projects, regional in nature, to begin the transition of water supplies from traditional ground water to alternative sources. Recommendations will include project definitions, specific actions, production rates, schedules, project costs and unit water costs (operation, maintenance and debt service).

Total project cost is estimated at $955,318 of which the District will participate at 50 percent or $477,659. The District's funding will be divided between the Governing Board and the Peace River Basin Board as follows: $238,830 from the General Fund Water Supply and Resource

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Development Reserve and $238,829 from the Peace River Basin Board's Reserve. As mentioned, there is a possibility that SFWMD may participate and contribute to funding and, if so, the County and District's contribution amount may be reduced.

Staff Recommendation:

(1) Approve the transfer of $238,830 from the General Fund Water Supply and Resource Development Reserve funds for the Polk County Comprehensive Water Supply Plan; and (2) Authorize the Executive Director to enter into an agreement with Polk County for the Comprehensive Water Supply Plan for a total cost of $955,318, with the District's share not to exceed $477,659, to be divided between the Governing Board and Peace River Basin Board, contingent upon approval by the Peace River Basin Board.

Presenter: Brian Armstrong, Manager, Water Supply and Resource Development Section, Resource Projects Department

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Resource Management Committee January 29, 2008

Routine Report

Significant Water Supply and Resource Development Projects

This report provides information on significant Resource Management projects and programs in which the Governing Board is participating in funding. The report provides a short status of significant activities associated with the project that have recently occurred or are about to happen. For greater detail, refer to the Project Notes write-ups or request information directly from the project managers.

Lake Hancock Lake Level Modification Project In October 2004, the Governing Board authorized staff to proceed with the preliminary design and engineering to prepare a conceptual Environmental Resource Permit (ERP) application for the Lake Hancock Lake Level Modification project with a target operating level of up to 100 feet. In January 2006, the Board authorized staff, upon reaching agreement through a Memorandum of Agreement (MOA) with Polk County, to submit the conceptual ERP application. The Governing Board approved the MOA in July 2006 and the County approved the MOA in August 2006. The District received the Conceptual ERP from FDEP on June 14, 2007. In September 2007, the Governing Board authorized staff to implement the Lake Hancock Lake Level Modification Project ( final design, permitting, and construction) for a lake operating level of 100.0 feet National Geodetic Vertical Data (NGVD); adopted the Resolution Authorizing Proceedings in Eminent Domain, including a Declaration of Taking; amended the 2007 Update to the Florida Forever Work Plan to include all lands identified as necessary for the Project and designated $41 million in Florida Forever Trust Funds for the Project; and designated and encumbered $79 million in General Fund Water Supply and Resource Development Reserves for the Project. District staff continues to coordinate with affected property owners or their legal counsel. Several homeowners have obtained appraisals and presented them to the District for consideration. Negotiations resulted in five purchase/sale agreements being approved by the Governing Board at its November and December meetings. New Activities Since Last Meeting: Staff has closed on two of the five parcels approved by the Governing Board and is scheduling the demolition of the residential properties as necessary. The United States Army Corps of Engineers (USACE) advertised the required public noticing of the intent to issue its permit on December 2007. The public has 30 days I which to file an objection. District staff is developing the necessary scopes of work, Requests for Proposals, and contracts to begin design and permitting for the replacement structure and conveyance improvements necessary for the project. Project Managers: Harry Downing/Steve Blaschka

Lake Hancock Outfall Treatment Project At the February 2006 Governing Board meeting, the Board approved the staff recommendation to adopt a 27 percent nitrogen load reduction goal and to utilize wetlands as the primary treatment component. The District's consultant (Parsons) has completed constructability and the initial geotechnical testing at the proposed location of the treatment wetlands and a Basis of Design Report (BODR). This report establishes the objectives, data, and assumptions that form the foundation of design (configuration of wetland cells and infrastructure). The current phase includes design, permitting, and additional geotechnical evaluation. The District initiated the plant establishment study in June 2007, which is scheduled to be completed in August 2008. The objectives of the study are to evaluate wetland construction methods, different types of wetland plants, exotic plant control techniques, and water quality trends. New Activities Since Last Meeting: Notice to proceed with the design of the wetland treatment system was issued in

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January 2008. A field meeting was held on November 27, 2007, with Florida Department of Environmental Protection permitting staff to determine methods for delineating jurisdictional wetlands at the project site. District staff (Resource Management, Land Resources, and Operations) attended a workshop run by the consultant design team on December 12 to review the preliminary design contained in the BODR. The intent of this workshop was to review operational parameters and incorporate District requirements into the design. Additional coordination has taken place between District Operations staff and the design team to identify specific instrumentation and controls that are compatible with District infrastructure and technology. Project Manager: Janie Hagberg

Pilot Testing Of Biological Treatment Systems At the February 2006 Governing Board meeting, following the vote on the Lake Hancock Outfall Treatment Project, the Board directed staff to initiate a project for pilot testing of biological water treatment systems. At the May 2006 Governing Board meeting, the Board authorized staff to proceed with the pilot testing of biological water treatment systems and to hire a consultant to assist the District in the pilot testing project. At the November 2006 meeting, the Board approved the transfer of $200,000 from General Fund Reserves for Contingencies to fund the consultant services for the pilot testing project and authorized staff to enter into an agreement with CH2M Hill, Inc. To date, CH2M Hill, Inc. has completed a detailed literature review of periphyton-based biological water treatment systems, an evaluation of potential pilot test sites, project work plan, and project delivery method document. The Consultant also assisted in developing a Scope of Work for the Request for Proposals (RFP). The RFP was advertised on October 12, 2007, and was extended to December 18, 2007, to address vendor questions. The RFP included two alternatives: (1) study an existing system and (2) construct a small pilot system. The District felt this approach provided the most cost efficient means of meeting project objectives, while also providing vendors some flexibility in the ways they can demonstrate the effectiveness of their systems. New Activities Since Last Meeting: The RFP closed on December 18, 2007. Proposals were received from two vendors (Genesis Group, LLC, and Hydromentia, Inc.) and are currently being evaluated by CH2M Hill, Inc., a consultant hired to assist the District with this study. A meeting of District staff and CH2M Hill, Inc., to discuss proposal evaluations was held on January 23, 2008. The meeting was advertised and open to the public. The District continues to work with the South Florida Water Management District to review initial performance data from their Taylor Creek biological water treatment system. Project Manager: Gary Williams

Peace Creek Watershed In 2005, the Governing Board and Peace River Basin Board agreed to take on the responsibility to maintain and, where possible, improve the water conveyance/storage capabilities of the Peace Creek Canal. One of the primary tasks includes identification of property ownership, so the District can obtain necessary easements over the system. The work directly related to the Peace Creek Canal is part of the larger District effort, which started years earlier with watershed modeling, expanded in 2005, and will develop a watershed management plan that evaluates approximately 13,000 acres of lakes and 13,000 acres of wetland areas for potential surface water storage systems within the Peace Creek Watershed. The District continues to provide aquatic plant maintenance in the canal. A permanent spraying schedule was implemented in FY2007. The District removed sediments in strategic reaches of the canal in 2007. Polk County began acquiring 18 residential properties along the canal that have repeatedly flooded. The District (Governing Board and Peace River Basin) is providing up to $250,000 to the County, as matching funds for the Federal Emergency Management Agency (FEMA) grant, to assist in acquiring the properties. A draft Watershed Management Plan Alternatives Report was completed in December 2006. Staff is analyzing the technical aspects of the report and will prepare recommendations accordingly. New Activities Since Last Meeting: The Operations Department performed aquatic weed control activities within the western portion of the canal, which involved mowing along the side banks, followed by chemical spraying. In some areas,

5 Item 60 the vegetation in the canal is being physically removed. Staff has been meeting with individual property owners to discuss the Notice General Permit application necessary to perform maintenance and the associated License Agreements that must be obtained from the land owners. All comments by the FDEP staff have been addressed, with the exception of the required License Agreements. Staff continues to calculate the size of a maintenance easement corridor along the canal based on future maintenance activities. Project Manager: Shelley Thornton

Watershed Management Program/Federal Emergency Management Agency Map Modernization The District initiated a partnership with the FEMA to modernize Flood Insurance Rate Maps (FIRMs) as part of its Watershed Management Program (WMP). Flood protection and floodplain information has been a priority at the District since the inception of the organization, and that priority was renewed following the El Niño weather event in 1997-1998. In addition to studies conducted by the District (primarily through the Basin Boards) and others, information on floodplains (elevations) is available through the FEMA FIRMs. However, many of the existing maps do not accurately represent the flood-prone areas, either because the initial studies were technically limited or the maps are outdated due to significant land use changes since completion. To improve the floodplain information, develop regional scale flood routing models for alternative analysis, and improve local government's understanding of their flood protection level of service, the District reached out to local governments and initiated the WMP in the late nineties. The District recognized a potential funding partner in FEMA since they have mutual goals to improve the existing FIRMs to better identify risks of flooding within the District. The District and the FEMA executed a Cooperating Technical Partners (CTP) Memorandum of Agreement on September 14, 2001, to formalize the relationship. As a CTP, the District is eligible for federal funds to act as FEMA's partner in modernization of the FIRMs. The District is implementing the FEMA map modernization program as one element of the larger WMP. Federal funds have allowed the District and local governments to accomplish significantly more than would have otherwise been possible. To date, the District has received approximately $11.2 million in federal funds from FEMA for countywide map modernization projects for Pasco, Sarasota, Hernando, Marion, Polk, Hardee, Desoto, Citrus, Sumter, Levy, and Highlands counties. An additional $0.9 million is expected in future fiscal years for countywide map modernization projects for Manatee County. The Map Modernization Program also includes federal funding for management support. For FY2004 through FY2007, the District received $713,240 and could receive an additional $500,000 through FY2012. The District currently has completed or continues to work on 170 of the 419 watersheds identified within its boundaries. FEMA began Marion County FIRM updates before the District became a CTP. FEMA submitted preliminary FIRMS to the County in 2005 and revised preliminary maps in May 2006. FEMA has gone through the public comment and appeals period, and is currently addressing the appeals. After all appeals have been addressed, the FIRMs will be finalized for adoption by the County. The District's only involvement at this point is to provide FEMA with technical support of the submitted information to address appeals. New Activities Since Last Meeting: The District’s consultants are working on watershed models in Pasco, Sarasota, and Hernando counties to address all errors and omissions and to update the watershed models to account for infiltration and incorporate the latest topographic and other watershed information (to the extent practicable) into the models. Preliminary schedules for Pasco, Sarasota, and Hernando counties have been developed for the watershed models to be updated and preliminary FIRMS to be prepared by November 2008. District and Hernando County staff met with the consultants working on the Hernando watersheds on December 27, 2007, to discuss schedules, budgets, data collection, infiltration, and coordination issues. Another meeting was held January 25, 2008, and was expanded to include Pasco and Sarasota counties. A workshop was held with our consultants in January 2008 to discuss the methodology to account for infiltration in the watershed models. The 2007 LiDAR topographic information for Sarasota County has been delayed; District staff is coordinating with the County and consultants to evaluate how this delay

6 Item 60 will affect the schedule for updating the watershed models. Staff prepared a Request for Qualifications (RFQ), which was issued on January 11, 2008, to obtain the services of qualified peer review consultants for the watershed models. Responses to the RFQ are due February 12, 2008. Staff is continuing to gather high water mark information at numerous locations in Pasco, Hernando, and Sarasota counties to use as verification of the model results. Staff is following up with FEMA to determine if they need additional information regarding the District’s request for an extension for submitting the preliminary FIRMS for Pasco and Sarasota counties. The City of Sarasota and City of Venice requested District staff make presentations to their Boards regarding the FEMA process in January 2008; staff is making arrangements for those meetings. Project Manager: Gordon McClung

Myakka River Watershed Initiative In February 2006, the Governing Board allocated $500,000 to hire a consultant team to perform elements of the Watershed Management Program and for the collection of topographic information in eastern Manatee County using Light Detection and Ranging (LiDAR) mapping technologies. On December 11, 2006, an agreement with the Singhofen & Associates consultant team was executed, and a kick-off meeting was held with District staff. The consultant team held the first outreach meeting on February 14, 2007, to discuss the project in detail and solicit stakeholder input on issues and available sources of data. Staff has since made several introductory presentations to various stakeholder groups (Myakka Conservancy, Environmental Advisory Committee, etc). The LiDAR project in eastern Manatee was finalized on May 8, 2007, and the information has been forwarded to the consultant for use. Work Order #2, covering the majority of the water budget tasks for the Upper Myakka area, was executed in June 2007. Work Orders 3 and 4 were executed on August 2, 2007, and Work Order 5 on August 16, 2007, for digital topographic mapping, geospatially referencing of existing survey data, developing content for a project web page, beginning survey in the upper Myakka Watershed, and completing historic land use mapping. Survey efforts for the water budget in the Upper Myakka area are complete. Coordination efforts continue with the Peace River/Manasota Regional Water Supply Authority (Authority) to insure the project is consistent with the Authority's Source Feasibility Study. A peer review panel for the Upper Myakka Water Budget has been established. The three member panel is comprised of Bill Wise, Ph.D., University of Florida; Jennifer Jacobs, Ph.D., University of New Hampshire; and Joe Hughes, Ph.D., Danish Hydrologic Institute. New Activities Since Last Meeting: Staff continues reviewing project deliverables and is developing the scope for Work Order #6, which involves updating existing watershed models, water quality loading model parameterization, and historic vegetation investigation in Flatford Swamp. Work Order #6 should be executed by early January 2008. The purchase orders for the peer review team are under review with an anticipated kick-off meeting in January 2008. The historic land-use mapping (late 1940s to early 1950s) and the digital terrain information are under review by the District. The consultant continues the calibration and verification of the Upper Myakka Water Budget model. Project Manager: Lisann Morris

Tampa Bay Regional Reclaimed Water Project This project is being terminated as proposed. The Tampa Bay Regional Reclaimed Water Project (TBRRP) was a planned effort to maximize the vast unused reclaimed water flows from the City of Tampa's Howard F. Curren Wastewater Treatment Plant (HFC plant). The partners included the City of Tampa, Pasco County, Hillsborough County, and, initially, TBW. The project sought to provide reclaimed water to the New Tampa area, east-central Pasco County, and southeastern Hillsborough County. The last collective meeting of the partners was January 10, 2007, to discuss project configuration scenarios and the transition to the City of Tampa becoming the lead agency on the project. The project was placed on hold while the City of Tampa explored expansion opportunities associated with their South Tampa Area Reuse (STAR) project. A decision was made by Tampa to delay the project and refocus its financial resources to the expansion of their STAR project. Meanwhile, work continues on some core

7 Item 60 project elements, including wet weather storage in Pasco County. Construction on Pasco County's 100-million-gallon reclaimed water reservoir in Land O'Lakes is approximately 75 percent complete although, due to subsurface anomalies, additional grouting and geotechnical work has been required, significantly increasing costs to the project. To resolve geotechnical issues, the county has decided to construct a liner over the slurry wall as a potential part of the remediation, and the consultant is completing the redesign of the lined portion. The permit modification for the redesign was submitted to the Department of Environmental Protection in November 2007. District staff has evaluated a request from Pasco County to consider increasing its original funding commitment to the reservoir project. New Activities Since Last Meeting: Staff has evaluated Pasco's request for additional funding for the reservoir in regard to the cost/benefit of an additional District contribution, and the ability of the affected Basin Boards to contribute additional funds from their respective Water Supply and Resource Development Reserves. At the February meetings of the Governing Board, Coastal Rivers, Hillsborough River, and Pinellas-Anclote River Basin Boards, staff will recommend they collectively contribute an additional $2 million; an amount determined based on cost/benefit. The District met in early December with the City of Tampa, Hillsborough County, Mosaic Fertilizer, Tampa Electric (TECO), and Water Partners, Inc., to discuss a regional reclaimed water project that would maximize the beneficial use of all reclaimed water in Hillsborough County, potentially including the flows of the City's HFC plant and Plant City's Wastewater Treatment Plant. The effect of this project and the STAR Expansion has effectively terminated the TBRRP for the foreseeable future. Staff will provide a project summary including budgetary considerations at the February Basin Boards and the March Governing Board. Project Manager: Kathy Scott

Tampa Bay Water

System Configuration II Project The Governing Board approved the agreement with Tampa Bay Water (TBW) for the System Configuration II project at its February 2007 meeting. The project, when completed in 2011, is expected to provide up to 25 mgd of alternative water to the regional system. The estimated total project cost is $235,122,500, with the District committing to half of eligible costs of $232,000,000, or $116,000,000. The project seeks to increase TBW's overall system capacity by drawing more water from the Hillsborough River during high flows, via the Tampa Bypass Canal (TBC), in combination with increasing the allowable percentage of withdrawals from the TBC. The projects are primarily associated with the construction of improvements to the regional systems treatment, transmission, and storage infrastructure. The project agreement was executed in May 1, 2007, and TBW received approval of its Water Use Permit in June 2007. New Activities Since Last Meeting: TBW is currently working on the final design and Environmental Resource Permit (ERP) applications for the ten project components. The TBW Board approved submitting five of the ten ERP applications to the appropriate regulatory agencies at its December 2007 board meeting. Nine of the ten basis of design reports were completed in November 2007. The remaining basis of design report is scheduled to be complete by December 2008. ERP applications will be submitted shortly to the District for five of the ten project components. Project Manager: Audrie Liszewski

Remediation of the Seawater Desalination Plant As outlined in the agreement between the District and TBW for the seawater desalination facility, 25 percent of the $85 million being held by the District is payable upon acceptance of the facility by TBW. Of the remaining 75 percent, 25 percent will be provided to TBW when the plant is operated at a constant rate of 25 mgd for four months and the remaining 50 percent when the plant operates at an annual average of 12.5 mgd for 12 consecutive months. In addition, TBW will receive the interest accrued on the $85 million, since January 2006, when the plant operates at 20 mgd for 12 consecutive months after November 1, 2007. American Water

8 Item 60

Pridesa completed the required run-in period, an acceptance test, and submitted an acceptance test report to TBW on November 27, 2007. New Activities Since Last Meeting: TBW authorized acceptance of the facility at their December 17, 2007, meeting and per our agreement, they have requested 25 percent of the $85 million. Currently, the plant is producing 20 mgd of water. Please refer to the Water Production Supply Summary Routine Report, under the Regulation Committee tab, for more detailed current pumpage information at the desalination facility. Project Manager: Brian Armstrong

Peace River/Manasota Regional Water Supply Authority

Regional Expansion Projects:

Reservoir: Final design for the Regional Reservoir Expansion has been completed and DEP has issued the Environmental Resource Permit (ERP) for the reservoir construction. In June, the Authority received three bids for the reservoir expansion. The low bid of $64,910,500 was 21 percent higher than the engineer's estimate. The project Kick-off Meeting was held in late September. As with the Facility Expansion, the Authority has asked the District to provide additional funding as a result of the increased costs. Land Resources and Authority staffs have met several times to address the issues surrounding the Authority’s reservoir expansion project on the RV Griffin Reserve. The Authority defined areas and land interests required to complete expansion of its reservoir and to mitigate for wetland impacts. The Governing Board granted various easements to PR/MRWSA in November after receiving survey information and draft easements. Other issues being coordinated include public access, land management issues, relocation of recreational amenities, and reconfiguration of an existing cattle lease. The Authority Board approved the reservoir construction contract at its July 25 meeting and issued a limited notice to proceed to the contractor to begin initial work and permitting. New Activities Since Last Meeting: DEP approved construction to commence on December 8, 2007. In addition, the Army Corps of Engineers companion permit to the ERP was received on December 11, 2007. In preparation for the construction, District and Authority staff relocated all recreational amenities to accommodate the project and continued the ongoing Gopher Tortoise relocation effort. The Authority's contractor has begun land clearing and burning of vegetative debris. At their respective meetings, the Peace Basin, Manasota Basin and Governing Board approved additional funding for the reservoir project in a total amount of $3,703,704.

Facility: In February, the Authority received one bid for Contract 2 for major components of the Facility Expansion. The bid was approximately $17 million over the original engineer's estimate of probable cost. Since receiving the bid, Authority staff and the contractor have negotiated a revised project cost $14 million below the original bid price. The Authority's Board approved the revised cost and authorized staff to enter into an agreement with the contractor in April. Even with the newly negotiated bid price, the overall revised project cost remains $19 million over the original project cost. Construction of the Facility Expansion Project will occur through three separate contracts. The first contract, completed in May, focused on site preparation. The second contract is for construction of a maintenance building, dewatering facility, filters, storage tanks, thickeners, and chemical feed and disinfection stations. The third contract is for construction of an operations center. New Activities Since Last Meeting: Construction continues on the Facility Expansion. Recent progress includes completion of storm water pond #2. The jack in bore for the ductile iron pipe under Kings Highway was accomplished mid- January. All the restoration required in the contractual agreement between the District and the Authority was completed and received final certification. Other ongoing construction activities include concrete work for the walls of the new filter building and construction of the foundations, footers, and stem walls for both chemical buildings, and wall formation continues for the solids contact units. In addition, the North Regional High Service Pump Building work on all sub-grade slabs was completed and preparations continue for pouring the floor slabs. Project Manager: Audrie Liszewski

9 Item 60

Regional Integrated Loop System Project Originally, the first phase of the Regional Integrated Loop System Project consisted of an interconnect between the Authority and Punta Gorda's water treatment plant on Shell Creek. Although the design for the first phase was completed and a guaranteed maximum price provided to the Board, a decision was made to postpone the project. Since cancellation of Phase 1, Charlotte County, Punta Gorda, and the Authority have approved an agreement for the Regional Integrated Loop System Phase 1A. Similar to Phase 1, this pipeline creates an interconnect between the Authority and Punta Gorda's Water Treatment Plant (WTP) on Shell Creek while providing Charlotte County with additional opportunities for interconnects into the regional distribution system. Total cost for Phase 1A is estimated at $19,015,000. The District anticipates providing $11,028,700 toward the project, assuming the State's Trust Funds remain available. The Authority Board approved work orders for Phases 2 and 3 of the Regional Loop System, while later issuing notices to proceed for preliminary engineering. As currently envisioned, the Phase 2 pipeline would provide an interconnect between the Authority's Peace River facility and the City of North Port's WTP; Phase 3 would be an extension of the Authority's regional transmission system currently terminating at the Carlton WTP. A workshop was held after the Authority's regularly scheduled meeting on July 25 to discuss future pipeline funding. New Activities Since Last Meeting: Staff awaits the Authority's pipeline funding policy, scheduled for February 2008, before moving forward with agreements for final design and construction of Phases 1A, 2, and 3. Project Manager: Audrie Liszewski

Regional Water Supply Source Feasibility Study At its March 2006 meeting, the Authority's Board authorized staff to enter into an agreement with HDR Engineering to complete the Integrated Regional Water Supply Master Plan (IRWSMP) and Regional System Reliability Model (RSRM). The IRWSMP provides for the phased development of six new water supply sources (Shell Creek, Myakkahatchee Creek, Peace River, Upper Myakka System, Cow Pen Slough/Dona Bay, and the Carlton Wellfield), integration of those sources within the Regional Loop System, and development of costs for the Authority's seven-year capital improvement program. The RSRM will support those goals. The Regional Water Supply Source Feasibility Study will build upon the IRWSMP to focus on three of those alternative water supply sources, the Shell Creek, Cow Pen Slough/Dona Bay, and Upper Myakka River systems. The feasibility study contract was awarded to the top ranked firm, PBS&J, in July 2007. A request for out-of-cycle funding to initiate the study was approved at the June 26, 2007 Governing Board and the June 8, 2007 Peace River Basin Board meetings and at the July 25, 2007 Manasota Basin Board meeting. A cooperative funding agreement with the Authority for the feasibility study was executed on September 18, 2007. A kick-off meeting with the consultant was held on August 2, 2007, to begin the gathering and evaluation of existing data. The Consultant team submitted the first deliverable on October 25, 2007, which summarized and inventoried existing data, relevant technical reports, and models. A technical advisory committee (TAC) meeting was held November 16, 2007, to discuss the first deliverable and major supply opportunities for each source area. Reservoir siting in the Upper Myakka and Shell Creek watersheds and updates to Sarasota County’s work on Dona Bay were incorporated in the newly developed Work Order #2. In addition, the Preliminary Alternatives Analysis was presented to the Authority Board at its December 2007 meeting. This presentation identified opportunities for water supply within the three major source areas. New Activities Since Last Meeting: The Consultant continues to refine the reservoir siting evaluation. Additional water quality testing for parameters such as corrosiveness, Giardia, Cryptosporidium, and Total Organic Carbon took place to allow for a balanced comparison between the proposed sites. A joint meeting is planned with the District's Myakka River Watershed Initiative team to discuss hydrologic alternative scenarios in the Upper Myakka. Project Manager: Lisann Morris

10 Item 60

Aquifer Storage and Recovery – Arsenic Research The District is coordinating an effort to investigate methods for controlling the mobilization of arsenic occurring during Aquifer Storage and Recovery (ASR) activities. This effort will help water suppliers meet the recently lowered drinking water standard for arsenic. The project consists of the design, permitting, and construction of a degasification system to remove dissolved oxygen (DO) from potable water prior to injection and storage in the aquifer. This project is being co-funded by the Southwest Florida Water Management District, South Florida Water Management District, St. John's River Water Management District, the Peace River/Manasota Regional Water Supply Authority, and the City of Bradenton. The pilot degasification project will be performed at the City of Bradenton's ASR site, which is typical of most potable water ASR systems in the state. The degasification system will be capable of processing water at 700 gallons per minute (gpm) at 99.96 percent DO removal, but is capable of flow rates as high as 1,000 gpm with lower DO removal efficiency. A technical advisory committee (TAC) has been formed to assist in the design of the testing program and provide an expert review of project results. The TAC consists of representatives from each of the co- funders, as well as Jon Arthur from the Florida Geological Survey; June Mirecki from the Army Corps of Engineers; and Jeff Greenwell, Richard Duerling, and Joe Haberfield from the Florida Department of Environmental Protection (FDEP). Testing will first consist of recovery of all prior injected water and any additional water necessary to achieve near ambient water quality conditions in the storage zone. This will be followed by an injection of 40 million gallons (mg) without degasification and recovery, to test the equipment upgrades to the control systems and establish a new baseline for future tests. This water will be recovered until ambient water quality conditions return. The 40 mg injection will then be repeated with de-oxygenated water, and the results will be compared to the prior cycle. Two large volume cycles, consisting of 300 mg of injection, will then be performed. A final report documenting the effectiveness of DO removal will be prepared at the end of cycle testing, which is expected in two years. New Activities Since Last Meeting. Notice of award to construct the degasification and dechlorination equipment was issued, bids were received, and a notice of award was sent out for the facility site work. Analysis of water quality data from the first baseline cycle test (40 mg) using oxygenated water has shown that native aquifer conditions have not yet been reached. The City and District staff met with the FDEP on December 17, 2007 to review the test results and obtained the FDEP's approval to continue the recovery of water until native aquifer conditions are reached. Also discussed at the meeting was the FDEP's "Draft Guidance Memorandum on Process for Regulating Aquifer Storage and Recovery Facilities with Increased Levels of Arsenic," which covers the requirements for consent orders and administrative orders for ASR operators. It has been determined that the City of Bradenton will have to execute a consent order prior to testing the degasification system. The FDEP is trying to expedite the process, but there are mandatory public notice periods that may delay the startup and testing of the pilot system by several months. Project Manager: Don Ellison

Lower Hillsborough River MFL Recovery Strategy – Implementation At its August 28, 2007, meeting, the Governing Board established the minimum flow for the Lower Hillsborough River (LHR) by adoption of amendments to Rule 40D-8, Florida Administrative Code. As required by statute, if the actual flow of a water course is below the proposed minimum flow or is projected to fall below the proposed minimum flow over the next 20 years, a "recovery strategy" is developed as part of the minimum flow development process. In the case of the LHR, a recovery strategy was needed. The proposed recovery strategy was incorporated into Rule 40D-80 and approved by the Board at its August 28, 2007, meeting, as well. The recovery strategy includes a number of projects to divert water from various sources to help meet the minimum flow. Projects that are planned under the recovery strategy include diversions of water from Sulphur Springs, Blue Sink, the TBC, and Morris Bridge Sink. At its September 2007 meeting, the Board approved the transfer of $1,000,000 from reserves for installation of temporary pumping facilities on the TBC and at the dam on the LHR. Funds will

11 Item 60 go toward: 1) temporary pumping facilities expected to be in place by January 2008, 2) consultant to provide more permanent pumping facilities, and 3) consultant to look at the costs and design for moving water from the Morris Bridge Sink to the TBC. New Activities Since Last Meeting: Staff continues to move forward on the installation of the three temporary pumping facilities at the TBC and at the City of Tampa’s (City) reservoir. Staff anticipates having an engineering consultant on board after the first of the year to assist in the planning and design of the permanent pumping facility at Morris Bridge Sink. The District executed the License Agreement with the City of Tampa to allow District staff to access the City’s property to install rental pumps. Temporary rental pumps were mobilized to the two locations on the TBC and at the reservoir beginning December 15. The pumps were tested on December 27 and operational by January 2008. The rental pumps will be replaced in approximately three months with the permanent pumps. The joint agreement between the City and District to implement elements of the recovery strategy requires a peer review of the efficiency of water transfer in a proposed pipeline between the middle pool of the TBC and City of Tampa's water treatment facility below the base of the dam on the Hillsborough River (Transmission Pipeline Project). Legal staffs from the City and District are jointly developing a scope of work for the peer review; both the City and District have selected their peer review panelist. Project Manager: Marty Kelly

Fire Activity As steward of over 300,000 acres of public conservation lands, the District is heavily involved in fire management, both prescribed fire and wildfire. The primary focus of the District’s fire management personnel and material resources is prescribed burning, resulting in an annual average of 25,000 acres burned. However, these resources are also responsible for the efficient response to wildfires that occur on District lands.

The District is a wildland fire cooperator with the Florida Division of Forestry (FDOF), the agency statutorily empowered to manage fire in the state. As such, the District’s fire management personnel and material resources provide support to the FDOF in the suppression of all wildfires that occur on District lands, and on larger fire incidents that occur on non-District lands within its 16-county jurisdiction. This relationship has been in place for many years and is highly successful.

The period fall through spring of 2006/2007 was among the driest on record, resulting in a very active wildfire season in Florida and on District lands. In FY2007, 48 wildfires totaling 2,141 acres burned on District lands. While wildfire activity has been quiet during Fall/Winter 2007, current drier than normal fuel and surface moisture conditions and weather forecasts for Winter/Spring 2008 portend another active wildfire season in 2008. Drought conditions are most severe on District lands in the Peace River and Manasota Basins and in the southeastern portion of the Green Swamp. District lands in the remaining river basins are slightly wetter, but still drier than normal. Long-range forecasts predict normal rainfall returning in June with summer rainfall amounts influenced by an active tropical storm season.

New Activities Since Last Meeting: The month of December brought frontal rainfall of varying amounts to the District, and surface conditions conducive to prescribed burning persisted on some District lands. Approximately 900 acres of prescribed burning was completed for a FY2007 total of approximately 4,000 acres. No wildfires were reported. Preparations are ongoing for the 2008 fire season. Staff has conducted an inventory of existing wells on District lands that can be used as water sources for wildfire suppression purposes. District staff is scheduled to attend the State of Florida Drought/Wildfire Summit hosted by the State Emergency Response Team on January 15 in Tallahassee and the Withlacoochee Wildfire Services Council meeting on January 16 in Brooksville.

12 Item 60

Land Resources Events Land Resources and Communication staff held an event in support of one our strategic initiatives to increase diversity and youth education on conservation land. On July 31, the Boys and Girls Club brought approximately 70 children to the Weekiwachee Preserve in Hernando County. Some of the older boys fished, while the remainder of the group was split in half. Land Resources staff led one group on a guided hike along one of the Preserve’s trails. Staff created an “I Spy” activity where the children had to find and identify plants, animals, and different species commonly found in a pine flatwoods ecosystem. Staff planted objects such as deer and raccoon skulls and tortoise shells along the trail to prompt discussion about the variety of wildlife that lives in the Preserve. Communications staff led the second group in a discussion about the importance of protecting the watershed and in a hands-on Project WET activity. On October 13, 2007, Land Resources staff set up a display table at the 13th Annual National Wildlife Refuge celebration held at the Chassahowitzka National Wildlife Refuge Complex in Crystal River. It is estimated that over 300 people were in attendance. On October 28, 2007, Land Resources staff held a volunteer work day at Lake Panasoffkee. Six volunteers attended and accomplished tasks that included mowing, trimming, reposting of approximately five miles of trails, and removal of three fallen trees. Afterwards, lunch was served, and the volunteers hitched up the horses and enjoyed the cleared trails. On November 10, 2007, Land Resources staff held a volunteer work day at the Serenova tract in the Starkey Wilderness Preserve in Pasco County. For approximately eight hours, five volunteers worked on lifting the tree canopy in the day use parking area, trimming trails, and cleaning up two campgrounds. The following day, staff attended a Suncoast Trail Riders meeting to give a brief presentation and answer questions regarding recreation on District property. Also on November 10, another volunteer work day was held at the District’s Jack Creek property in Highlands County. Staff and four volunteers with the Ridge Rangers spent the day removing trash and debris that filled a dumpster.

New Activities Since Last Meeting: The District hosted “Outdoors without Limits,” hunts for persons with disabilities, at the District's Upper Hillsborough and Hampton tracts on December 7-9, 2007, and January 4-6, 2008, respectively. A total of 24 hunters participated in modern gun hunts for deer and hogs on each property. District staff and volunteers assisted with all aspects of the hunts, including preparing and serving lunch, and assisting participants in getting to and from their hunting locations. Several deer and hogs were taken, and the hunts were a tremendous success for all involved.

On December 26, 2007, Land Resources staff and volunteers participated in the Audubon Society’s annual Christmas Bird Count at Weekiwachee Preserve. Over 60 species were documented, including several rare birds.

Staff Recommendation:

This item is provided for the Committee’s information, and no action is required.

Presenter: Bruce C. Wirth, P.E., Deputy Executive Director, Resource Management and Development

13 Item 61

Resource Management Committee January 29, 2008

Routine Report

Watershed Management Program and Federal Emergency Management Agency Map Modernization Status Report

District staff continues to work on various steps of the District’s Watershed Management Program and Federal Emergency Management Agency (FEMA) Map Modernization. Attached for the Board’s information is the current schedule that identifies the status of each watershed for the topographic information, watershed evaluation, watershed management plan, and Flood Insurance Rate Maps (FIRMs). The list also indicates whether the updated FIRMs will be a redelineation of the existing FIRMs or based on a detailed study.

Staff Recommendation: See Exhibit

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

Presenter: Mark Hammond, Director, Resource Projects Department

14 Exhibit – Watershed Management Program and FEMA Map Modernization Schedule January 2008 Submit Preliminary Topographic Watershed Public Present to DFIRMs to Year County Watershed Information Model Meetings Board FEMA 2008 Hernando Centralia complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Chassahowitzka River complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Lizzie Hart Sink complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 McKethan complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Withlacoochee River complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Tooke complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Wiscon complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Blue Sink complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Croom complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Oman Quarry complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Spring Hill Lakes complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Willow Sink complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Peck Sink complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Bystre Lake complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Indian Creek complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Aripeka complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Weeki Wachee Prairie complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Powell complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Crews Lake Outlet complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Squirrel Prairie complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Toachodka complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Little Withlacoochee complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008

Pasco Hammock Creek complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Bear Creek complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Pithlachascottee River complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Upper Pithlachascottee complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Anclote - E. of Suncoast complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Squirrel Prairie complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Cypress Creek complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 South Lakes complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Upper E. Cypress Creek complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 East Zephyrhills complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Lake Zephyr complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Trout Creek complete May 2008 Jun - Jul 2008 Sep 2008 Nov 2008

Sarasota Island Of Venice Feb 2008 May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Whitaker Bayou Feb 2008 May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Hudson Bayou Feb 2008 May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Curry Creek Feb 2008 May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Hatchett Creek Feb 2008 May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Alligator Creek Feb 2008 May 2008 Jun - Jul 2008 Sep 2008 Nov 2008 Big Slough - Northport Feb 2008 May 2008 Jun - Jul 2008 Sep 2008 Nov 2008

Note: FEMA will start their formal appeals period for adoption after the District submits the preliminary DFIRMS to FEMA.

15 Exhibit – Watershed Management Program and FEMA Map Modernization Schedule January 2008 Submit Preliminary Topographic Watershed Public Present to DFIRMs to Year County Watershed Information Model Meetings Board FEMA 2009 Polk Gator Creek complete complete TBD TBD TBD Saddle Creek complete complete TBD TBD TBD Lake Lulu -PCDC complete complete TBD TBD TBD Lake Hamilton -PCDC complete complete TBD TBD TBD Itchepackesassa Creek complete complete TBD TBD TBD Poley Creek/North Alafia complete complete TBD TBD TBD Peace CreekCanal complete complete TBD TBD TBD Polk City complete complete TBD TBD TBD

DeSoto Thornton Branch complete Dec 2008 TBD TBD TBD Deep Creek Gully complete Dec 2008 TBD TBD TBD

Hardee Horse Creek complete Dec 2008 TBD TBD TBD Alligator Branch complete Dec 2008 TBD TBD TBD Thompson Branch complete Dec 2008 TBD TBD TBD

Highlands Carter Creek complete Dec 2008 TBD TBD TBD Little Red Water Lake complete Dec 2008 TBD TBD TBD

Citrus Withlacoochee River complete Jun 2010 TBD TBD TBD Crystal River complete Jun 2010 TBD TBD TBD Tsala Apopka Outlet complete Jun 2010 TBD TBD TBD Shinn Ditch complete Jun 2010 TBD TBD TBD Homosassa South Fork complete Jun 2010 TBD TBD TBD Leslie Heifner Canal complete Jun 2010 TBD TBD TBD Cardinal Lane complete Jun 2010 TBD TBD TBD Lake Bradley complete Jun 2010 TBD TBD TBD Floral City complete Jun 2010 TBD TBD TBD Inverness complete Jun 2010 TBD TBD TBD Center Ridge complete Jun 2010 TBD TBD TBD Homosassa River - South complete Jun 2010 TBD TBD TBD Homosassa River - North complete Jun 2010 TBD TBD TBD TBD - To be determined.

Note: FEMA will start their formal appeals period for adoption after the District submits the preliminary DFIRMS to FEMA.

16 Item 62

Resource Management Committee January 29, 2008

Routine Report

Florida Forever Funding Status Report

Purpose No Board action is required. This item is submitted for information purposes only.

Background/History Attached for the Board’s use and information is the monthly funding status report for the Florida Forever program. The projects have been categorized as acquisitions or projects for: restoration; capital improvements for restoration; water resource development; and preservation. In addition to Florida Forever funding, staff continues to explore all funding opportunities.

Staff Recommendation: See Exhibit

This item is provided for the Committee’s information, and no action is required.

Presenter: Eric Sutton, Assistant Director, Land Resources Department

17 Southwest Florida Water Management District Florida Forever Status

Fla Forever Fee LTF Governing Parcel/Project Funds Available Category SWUCA Estimated Cost Acres Acres Comments Bd Date Includes $13,170,753 from the Water Management Lands Trust Fund, Florida Forever Funds Available -- Inception to $3,182,719 from the P2000 Trust Fund and $5,310,109 from FDOT Date $ 226,353,472 mitigation

Completed Acquisitions Panasoffkee/Outlet Tract - Gibbons (19-441-105) Preservation 74,758 10 Closed 01/18/2001 Annutteliga Hammock (mega parcels) Preservation 205,744 38 Closed between 08/09/2001 and 02/09/2005 - 23 parcels Weekiwachee Preserve - Wooley (15-773-168) Preservation 869,732 65 Closed 10/04/2001 Weekiwachee Preserve - Jones (15-773-121) Preservation 317,785 54 Closed 10/12/2001 Weekiwachee Preserve - Leahon (15-773-180) Preservation 42,933 49 Closed 03/13/2002 RV Griffin Reserve - Longino (21-599-102C) Preservation 9 1,188,231 3,802 Closed 07/18/2002 - used P2000 & Florida Forever funds Annutteliga Hammock - Strait (15-228-1204) Preservation 179,200 32 Closed 07/22/2002 Green Swamp - Distefano (10-200-1242) Preservation 1,125 3 Closed 08/09/2002 Restoration - Tampa Bay - Furtick (21-728-121) land acq 9 830,000 127 Closed 12/30/2002 Prairie/Shell Creek - Burchers (20-649-105) Preservation 9 254,016 108 Closed 01/16/2003 Prairie/Shell Creek - Leonard (20-649-104) Preservation 9 85,036 40 Closed 01/16/2003 Alafia River Corridor - Fish Hawk (11-709-131) Preservation 9 4,800,000 899 Closed 02/06/2003 - used P2000 & Florida Forever funds Myakka River - Eagle Ridge (21-708-126) Preservation 9 1,670,269 997 Closed 02/07/2003 Water resource Lake Pretty - Robinson (14-009-108) dev - land acq 9 60,000 3 Closed 03/27/2003 Weekiwachee Preserve - GMB Investments (15- 18 773-183) Preservation 422,000 56 Closed 05/28/2003 - used WMLTF funds Restoration - Tampa Bay - Kushmer (11-728-108) land acq 9 82,500 16 Closed 07/18/2003 Restoration - Tampa Bay - Pine Island (21-728-118) land acq 9 450,000 86 Closed 08/09/2003 Restoration - Lake Panasoffkee - Beville (19-528-135) land acq 1,840,000 525 Closed 09/18/2003 - used WMLTF funds Lake Panasoffkee - Beville (19-528-135C) Preservation 4,160,000 5,553 Closed 09/18/2003 - used WMLTF funds Annutteliga Hammock - 1029 Land Trust (15-228- 1207) Preservation 1,087,200 288 Closed 09/24/2003 Pasco 1 - Connerton (15-704-102) Preservation 9,792,677 2,981 507 Closed 09/29/2003 Lake Hancock - Old Florida Plantation (20-502- Water resource 101) dev - land acq 9 30,500,000 3,535 Closed 11/21/2003 Restoration - Tampa Bay - TECO (11-728-110) land acq 9 1,713,572 2,347 Closed 12/11/2003 Restoration - Tampa Bay - Huber (21-728-105) land acq 9 3,287,657 102 Closed 12/18/2003 Panasoffkee/Outlet Tract - Lake Panasoffkee Water Assoc. (19-441-107) Preservation 57,000 6 Closed 08/18/2004

Annutteliga Hammock - Kalathakis (15-228-1268) Preservation 90,000 16 Closed 09/23/2004 Green Swamp - Davis (10-200-1238) Preservation 10,500 25 Closed 10/13/2004 Lake Manatee Lower Watershed - Strickland (21- 601-111C) Preservation 9 225,180 25 Closed 11/16/2004 Restoration - Tampa Bay - Shell Pit (11-728-109) land acq 9 395,672 147 Closed 12/02/2004

01/15/2008 Page 1 of 3 Southwest Florida Water Management District Florida Forever Status

Fla Forever Fee LTF Governing Parcel/Project Funds Available Category SWUCA Estimated Cost Acres Acres Comments Bd Date Flying Eagle - Boy Scouts (19-334-133) Preservation 13,500,000 5,484 Closed 12/14/2004 Green Swamp - Beck (10-200-1246) Preservation 11,250 15 Closed 12/14/2004 - used P2000 funds Water resource Lake Hancock - Griffin (20-503-105) dev - land acq 9 $ 4,900,000 213 Closed 12/30/2004 Weekiwachee Preserve - Suncoast Seabird Sancturary (15-773-128) Preservation 625,139 309 Closed 12/30/2004 Annutteliga Hammock - Rush (15-228-1280) Preservation 278,480 40 Closed 02/09/2005 Lower Peace River Corridor - McLeod (20-695- 101) Preservation 9 309,550 62 Closed 02/09/2005 Green Swamp West - Little Everglades Ranch (19- 410-120C) Preservation 3,784,550 1,792 Closed 02/11/2005 Myakka River - LOR, Inc. (21-708-125) Preservation 9 7,999,807 3,319 Closed 03/18/2005 - used WMLTF & Florida Forever funds Green Swamp - Jones (10-200-1251) Preservation 2,200 3 Closed 05/31/2005 Green Swamp - Glass (10-200-1254) Preservation 200,000 20 Closed 06/01/2005 Water resource Lake Hancock - Coscia and Nguyn (20-503-102) dev - land acq 9 5,225,000 590 Closed 08/04/2005 Green Swamp East - Crowell (10-200-1237) Preservation 2,500 4 Closed 2/16/2006

Green Swamp East - Overstreet (10-200-1145) Preservation 24,101,645 5,067 Closed 5/31/2006 - used WMLTF & Florida Forever funds Flying Eagle - Keough (19-334-137) Preservation 25,535 20 Closed 10/12/2006 Water resource Lake Hancock - Kent (20-503-122) dev - land acq 9 3,726,950 370 Closed 10/26/2006 19 Green Swamp - Raulerson (10-200-1258) Preservation 400,000 20 Closed 04/13/2007 Annutteliga Hamock - O'Brien (15-228-1288) Preservation 87,000 3 Closed 07/13/2007 Annutteliga Hamock - Tyte (15-228-1287) Preservation 570,000 30 Closed 07/13/2007 Water resource Lake Hancock - Powell (20-503-152) dev - land acq 9 30,000 2 Closed 07/26/2007

Lower Hillsborough FDA - Guerard (13-300-110) Preservation 1,750,000 70 Closed 09/06/2007 Green Swamp West - Barnes (19-410-123C) Preservation 1,125,000 300 Closed 10/30/2007 Gum Slough - King/Phebus (19-193-195) Preservation 94,500 35 Closed 11/25/2007 Myakkahatchee Creek - Carlton (21-694-102 and 103C) Preservation 9 19,760,000 4,746 7,630 Closed 12/20/2007 - used Florida Forever & FDOT mitigation funds Subtotal Completed Parcels/Projects $ 153,201,893 32,978 19,609 Subtotal Funds Available $ 73,151,579 Parcels/Projects Approved By Board (Funds Encumbered within DEP Trust Fund) Myakka Prairie - Harrison (21-199-109) Preservation 9 818,490 663 Anciticpate closing after 1/15/2008 Jul-07 Weekiwachee Preserve - Aripeka Heights (15-773- 50/50 partnership with Pasco County; County acquired the parcel in 143) Preservation 2,175,000 210 November; anticipate February closing Dec-07 Restoration - South Saddle Creek Restoration and Water Quality capital Treatment Project improvement 9 $ 13,435,446 N/A N/A Funds encumbered Subtotal Parcels/Projects Approved By Board $ 16,428,936 210 663 Subtotal Funds Available $ 56,722,643

Ongoing Acquisitions/Projects

01/15/2008 Page 2 of 3 Southwest Florida Water Management District Florida Forever Status

Fla Forever Fee LTF Governing Parcel/Project Funds Available Category SWUCA Estimated Cost Acres Acres Comments Bd Date Water resource Lake Hancock - Hampton (20-503-103) dev - land acq 9 2,036 Appraisals being obtained TBD

50/50 partnership with Polk County; County taking the lead; District Water resource reviewing appraisals; owners signed purchase agreement; preparing Crooked Lake - Stuart (20-697-101) dev - land acq 9 3,517 interlocal agreement between the District and County Feb-08 Upper Peace River - Clear Springs, LLC (20-502- Water resource 107) dev - land acq 9 1,900 Clear Springs preparing Sector Plan TBD 50/50 partnership with Hillsborough County; working on interlocal Alafia River Corridor - Gooch (11-709-112) Preservation 750 agreement; Hillsborough County has acquired parcel Feb-08 Cypress Creek - Short (13-500-389) Preservation 200 Potential joint acquisition with Pasco Co.; appraisals ordered TBD

Lake Panasoffkee - Patterson (19-528-112) Preservation 1 Owner declined cleanup; Sumter Co. Code Enforcement involved TBD Lower Manatee River Floodway - Green (21-602- 110) Preservation 9 43 Made offer TBD Lower Manatee River Floodway - Potter (21-602- 111) Preservation 9 21 Reevaluating; further discussions with Manatee County necessary TBD Potts Preserve - Goodgame (19-484-123) Preservation 20 Received appraisal; preparing exchange offer Feb-08 Three Sisters Springs Preservation 56 Appraisals being obtained TBD Tampa Bay Estuarine Ecosystem - Amerson (21- Restoration - 728-124) land acq 9 20 On hold until State determines partnership status TBD

20 Tampa Bay Estuarine Ecosystem - Bascom (21- Restoration - 728-125) land acq 9 6 On hold until State determines partnership status TBD Subtotal Ongoing Acquisitions/Projects $ 70,555,700 8,570 -

Grand Total $ (13,833,057) $ 240,186,529 41,758 20,272 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

01/15/2008 Page 3 of 3 Item 63

Resource Management Committee January 29, 2008

Routine Report

Minimum Flows and Levels

District staff continues to work on various phases of Minimum Flows and Levels (MFLs) development for waterbodies on the District's MFLs priority list. Attached for the Board's use and information is the current Minimum Flows and Levels Priority List and Schedule – Waterbody Timelines report that identifies the status of each waterbody in regard to our five phase process of MFL establishment.

Staff Recommendation: See Exhibit

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

Presenter: Martin H. Kelly, Ph.D., Manager, Resource Projects Department

21 Board Adopted 2008 Priority List Schedule and Timeline Exhibit A

RIVERS, SPRINGS and ESTUARIES

Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Data Collection Data Analysis Rpt to Board / Peer Review Recovery Rule Adoption & Internal Draft MFL Report Strategy 2007 Braden River System (freshwater) completed completed completed NA completed

Upper Hillsborough River System completed completed completed NTB/Aug 2000 completed Crystal Spring completed completed completed NTB/Aug 2000 completed 2008 Alafia River System (estuary) completed completed completed / Jan 2008 TBD Apr 2008 Buckhorn Spring completed completed completed TBD Apr 2008 Lithia Spring completed completed completed TBD Apr 2008

Anclote River System completed Apr 2008 May 2008 / Aug 2008 TBD Nov 2008

Blind Springs Feb 2008 May 2008 Jun 2008 / Sep 2008 TBD Dec 2008

Chassahowitzka River System Feb 2008 May 2008 Jun 2008 / Sep 2008 TBD Dec 2008 Chassahowitzka Spring et al. Feb 2008 May 2008 Jun 2008 / Sep 2008 TBD Dec 2008

Cow Pen Slough/Canal completed completed Mar 2008 / Jun 2008 TBD Sep 2008

Little Manatee River System completed May 2008 Jun 2008 / Sep 2008 TBD Dec 2008

Lower Myakka River System completed Apr 2008 May 2008 / Aug 2008 TBD Nov 2008

Lower Peace River Estuary completed completed completed / Feb 2008 NA May 2008

Manatee River System completed Apr 2008 May 2008 / Aug 2008 TBD Nov 2008

Weekiwachee River System completed completed Feb 2008 / May 2008 NA Aug 2008 Weeki Wachee Spring et al. completed completed Feb 2008 / May 2008 NA Aug 2008 2009 Homosassa River System Jan 2009 May 2009 Jul 2009 / Oct 2009 TBD Nov 2009 Homosassa Spring Jan 2009 May 2009 Jul 2009 / Oct 2009 TBD Nov 2009

Rainbow Springs Jan 2009 May 2009 Jul 2009 / Oct 2009 TBD Nov 2009

Middle Withlacoochee River System Jan 2009 May 2009 Jul 2009 / Oct 2009 TBD Nov 2009 Upper Withlacoochee River System Jan 2009 May 2009 Jul 2009 / Oct 2009 TBD Nov 2009 (Green Swamp) 2010 Crystal River System Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 2010 Kings Bay Spring Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 2010

Gum Springs Group Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 2010

Hidden River Springs 1 and 2 Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 2010

Northern Tampa Bay - Phase II Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 2010

Pithlachascotee River System Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 2010 2011 Lower Withlacoochee River System Jan 2011 May 2011 Jul 2011 / Oct 2011 TBD Nov 2011

Brooker Creek Jan 2011 May 2011 Jul 2011 / Oct 2011 TBD Nov 2011

Upper Peace River Jan 2011 May 2011 Jul 2011 / Oct 2011 TBD Nov 2011 "Middle" and "High" Minimum Flows 2012 Charlie Creek (Peace River drainage) Jan 2012 May 2012 Jul 2012 / Oct 2012 TBD Nov 2012 Horse Creek (Peace River drainage) Jan 2012 May 2012 Jul 2012 / Oct 2012 TBD Nov 2012

North Prong Alafia River Jan 2012 May 2012 Jul 2012 / Oct 2012 TBD Nov 2012 South Prong Alafia River Jan 2012 May 2012 Jul 2012 / Oct 2012 TBD Nov 2012

At the Board's direction, staff have added projected dates on which: we expect to have internal draft reports complete, presentation of draft to Board, report of peer review to Board, and return for rule establishment.

Updated Dec. 18, 2007

22 Board Adopted 2008 Priority List Schedule and Timeline Exhibit A LAKES

Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Data Collection Data Analysis Peer Review Recovery Rule Adoption & Draft MFL Report Strategy 2007 Highlands County Lakes Angelo completed completed NA completed completed Anoka completed completed NA completed Dec 2007 Denton completed completed NA completed completed Placid completed completed NA completed completed Tulane completed completed NA completed completed Verona completed completed NA completed completed Pasco County Lakes Linda completed completed NA completed completed King completed completed NA completed completed King (East) completed completed NA completed completed Polk County Lakes Crooked completed completed NA completed completed

2008 Hillsborough County Lakes Raleigh completed Aug 2008 completed completed Dec 2008 Rogers completed Aug 2008 completed completed Dec 2008 Starvation completed Aug 2008 completed completed Dec 2008 Wimauma June 2008 Aug 2008 NA TBD Dec 2008 Polk County Lakes Hancock completed Aug 2008 NA completed Dec 2008

Updated Dec. 18, 2007

23 Board Adopted 2008 Priority List Schedule and Timeline Exhibit A

Minimum Flows and Levels Established to Date

Alafia River (upper freshwater segment)

Braden River

Citrus County Lakes (Ft. Cooper, Tsala Apopka – Floral City, Inverness and Hernando Pools)

Crystal Springs

Hernando County Lakes - Hunters, Lindsey, Mountain, Neff, Spring and Weekiwachee Prairie

Highland County Lakes – Angelo, Denton, Jackson, Little Lake Jackson, June-in-Winter, Letta, Lotela, Placid, Tulane, and Verona

Hillsborough County Lakes – Alice, Allen, Barbara, Bird, Brant, Calm, Charles, Church, Crenshaw, Crescent, Crystal, Cypress, Dan, Deer, Dosson, Echo, Ellen, Fairy [Maurine], Garden, Halfmoon, Harvey, Helen, Hobbs, Horse, Jackson, Juanita, Little Moon, Merrywater, Mound, Platt, Pretty, Rainbow, Reinheimer, Round, Saddleback, Sapphire, Stemper, Strawberry, Sunset, Sunshine, Taylor and Virginia.

Hillsborough River (lower segment)

Hillsborough River (upper segment)

Levy County Lake (Marion)

Northern Tampa Bay - 41 Wetland sites

Northern Tampa Bay – 7 Wells – Floridan Aquifer/Saltwater Intrusion

Pasco County Lakes – Bell, Big Fish, Bird, Buddy, Camp, Clear, Crews, Green, Hancock, Iola, Jessamine, King, King (East), Linda, Middle, Moon, Padgett, Parker aka Ann, Pasadena, Pasco, Pierce, unnamed #22 aka Loyce

Peace River (middle segment)

Peace River (upper segment – "low" minimum flows)

Polk County Lakes – Annie, Bonnie, Clinch, Crooked, Dinner, Eagle, Lee, Mabel, McLeod, Parker, Starr, Venus, and Wales

Myakka River (upper freshwater segment)

Sulphur Springs

Sumter County Lakes – Big Gant, Black, Deaton, Miona, Okahumpka and Panasoffkee

SWUCA – Floridan Aquifer

Tampa Bypass Canal

Updated Dec. 18, 2007

24 Item 64

Resource Management Committee January 29, 2008

Routine Reports

Hydrologic Conditions Status Report

This routine report provides information on the general state of the District's hydrologic conditions, by comparing rainfall, surface water, and groundwater levels for the current month to comparable data from the historical record. The data shown are typically considered final, fully verified monthly values, but occasionally, due to timing of publication, some data are identified as "provisional," meaning that the values shown are best estimates based on incomplete data. The information presented below is a summary of data presented in much greater detail in the Hydrologic Conditions Report published the week before the Governing Board meeting, which also includes an updated provisional summary of hydrologic conditions as of the date of publication. It is available at http://www.swfwmd.state.fl.us/waterres/hydro/hydro.htm.

Rainfall Provisional rainfall totals for December were normal for all three regions of the District. The normal range is defined as rainfall totals that fall on or between the 25th to 75th percentiles derived from the historical data for each month • The northern region received an average of 2.57 inches of rainfall, equivalent to the 57th percentile. • The central region received 1.83 inches of rainfall, equivalent to the 49th percentile. • The southern region recorded an average of 1.03 inches of rain, equivalent to the 36th percentile. • The average rainfall District-wide was 1.80 inches, equivalent to the 46th percentile.

Streamflow Provisional data (as of December 26) indicates streamflow decreased in the all three regions of the District, compared to the previous month. Streamflow was below normal in all three regions of the District. Normal streamflow is defined as falling between the 25th and 75th percentiles. • The average streamflow in the Withlacoochee River near Holder in the northern region ended the month in the 2nd percentile. • The average streamflow measured in the Hillsborough River near Zephyrhills in the central region was in the 8th percentile. • The average streamflow measured in the Peace River at Arcadia in the southern region was in the 2nd percentile.

Groundwater Levels Groundwater data (as of December 27), derived from the Aquifer Resource Index, indicate levels in the Floridan/Intermediate aquifer decreased in the all three regions of the District, compared to the previous month. Groundwater levels in the northern and southern counties were below the normal range, while the central counties were within the normal range of historic monthly values. • The average groundwater level in the northern counties decreased 0.77 foot and was 0.64 foot below the bottom of the monthly normal range of historical values. The normal range in the northern region is 0 to 4 feet. • The average groundwater level in the central counties decreased 0.71 foot but was 0.46 foot above the bottom of the normal range. The normal range in the central counties is 0 to 6 feet.

25 Item 64

• The average groundwater level in the southern counties decreased 0.75 foot and was 0.90 foot below the bottom of the normal range. The normal range in the southern counties is 0 to 8 feet.

Lake Levels Lake levels increased slightly in the Northern region, while they decreased in the Tampa Bay, Polk Uplands and Lake Wales Ridge regions of the District during December. On a regional basis, average lake levels ended the month below the base of the annual normal range. Normal lake levels are generally considered to be levels that fall between the minimum low management level and the minimum flood level. • Average levels in the Northern region increased 0.02 foot and were 3.66 feet below the base of the annual normal range. • Average lake levels in the Tampa Bay region decreased 0.13 foot and were 1.74 feet below the base of the annual normal range. • Average lake levels in the Polk Uplands region decreased 0.20 foot and were 1.76 feet below the base of the annual normal range. • Average lake levels in the Lake Wales Ridge region decreased 0.32 foot and were 4.04 feet below the base of the annual normal range.

Issues of Significance The District is now four months into the 8-month dry season. The twelve-month District-wide rainfall deficit is about 11.6 inches below the long-term average and has remained below- average for 20 consecutive months. Provisional rainfall totals for December were within the normal range of fluctuation despite previous predictions by NOAA for below-average rainfall conditions for the month. Two significant rainfall events associated with the passage of cold fronts delivered most of the rainfall received during the month. The rain helped to temporarily slow declining hydrologic conditions during December. Other hydrologic indicators remain well below normal throughout most of the District, and are continuing to decline.

As of January 1, the US Drought Monitor indicates parts of Highlands county are now experiencing "extreme drought" conditions, while Hardee, DeSoto, Sarasota, and parts of Polk, Hillsborough, Manatee and Charlotte counties are now experiencing "severe drought." The remainder of the District continues to experience "abnormally dry" or "moderate drought" conditions. NOAA climate forecasts continue to predict below-normal rainfall through May 2008, as moderate to strong La Niña conditions in the Pacific Ocean continue to intensify. Below- normal rainfall will worsen overall hydrologic conditions and increase resource-related impacts during the coming months.

Updated weather forecasts will be available in mid-January. Staff will continue to closely monitor conditions in accordance with the District's updated Water Shortage Plan, including any necessary supplemental analysis of condition data.

Staff Recommendation:

This item is provided for the Committee's information, and no action is required.

Presenter: Granville Kinsman, Manager, Hydrologic Data Section

26 Item 65

Resource Management Committee January 29, 2008

Routine Reports

Structure Operations

Structure Operations continues to focus on conserving water. As of January 1, the US Drought Monitor indicates parts of Highlands County are now experiencing "extreme drought" conditions, while Hardee, DeSoto, Sarasota, and parts of Polk, Hillsborough, Manatee and Charlotte counties are now experiencing "severe drought." The remainder of the District continues to experience "abnormally dry" or "moderate drought" conditions. NOAA climate forecasts continue to predict below-normal rainfall through May 2008, as moderate to strong La Niña conditions in the Pacific Ocean continue to intensify. Below-normal rainfall will worsen overall hydrologic conditions and increase resource-related impacts during the coming months.

Rainfall Provisional rainfall totals for the month of December were normal for all three regions of the District. The normal range is defined as rainfall totals that fall on or between the 25th to 75th percentiles derived from the historical data for each month • The northern region received an average of 2.57 inches of rainfall, equivalent to the 57th percentile. • The central region received 1.83 inches of rainfall, equivalent to the 49th percentile. • The southern region recorded an average of 1.03 inches of rain, equivalent to the 36th percentile. • The average rainfall District-wide was 1.80 inches, equivalent to the 46th percentile.

A summary of the operations made in December is as follows:

• Inglis Water Control Structures: The Inglis Bypass Spillway was operated during the month of December in order to maintain water levels on Lake Rousseau and provide flow to the lower Withlacoochee River. The average monthly water level for Lake Rousseau was 27.65' NGVD. The recommended maintenance level for the reservoir is 27.5’ NGVD.

• Withlacoochee River Basin: All structures on the Tsala Apopka chain of lakes remained closed during the month of December with the exception of the Leslie Heifner Structure, which remained open to allow flow (and navigation) from the Withlacoochee River into the Floral City Pool. The Wysong-Coogler Water Conservation Structure main gate is in the fully raised position (39.0' NGVD) to aid in increasing and maintaining Lake Panasoffkee's water level. The Wysong-Coogler Water Conservation Structure low flow gate was operated in order to maintain an average flow of 40 cfs downstream of the structure.

• Alafia River Basin: The environmental gate at the Medard Reservoir Structure was operated during the month of December in order to maintain water levels in the reservoir and provide flow into the Little Alafia River. The average monthly water level for the Medard Reservoir was 58.61' NGVD. The recommended maintenance level for the reservoir is 58.5’ NGVD.

• Hillsborough River Basin: There were no structure operations within the basin during the month of December. The average monthly water level for Lake Thonotosassa was 36.11' NGVD compared to the recommended maintenance level of 36.5' NGVD.

27 Item 65

• Pinellas-Anclote River Basin: Structure S-551 (Lake Tarpon) weir gates were operated during the month of December to maintain water levels on Lake Tarpon. Structure S-551 weir gates are open to 3.2' NGVD, maintaining the recommended maintenance level of 3.2' NGVD. The average monthly water level for Lake Tarpon was 3.12' NGVD.

• Northwest Hillsborough River Basin: There were no structure operations within the basin during the month of December. The average monthly water level for Lake Pretty was 42.73' NGVD compared to the recommended maintenance level of 44.5' NGVD.

• Peace River Basin: G-90 structure was not operated during the month of December. The average monthly water level for Lake June-in-Winter was 73.66' NGVD compared to the recommended maintenance level of 75.0’ NGVD.

Staff Recommendation: See Exhibit

This item is provided for the Committee's information, and no action is required.

Presenter: Tanase Bude, Manager, Structure Operations Section

28 STRUCTURE OPERATIONS SECTION HYDROLOGIC REPORT January 7, 2008

ELEVATION CURRENT POSITION OF ELEVATION CURRENT POSITION OF STRUCTURE DIFFERENCE LEVEL STRUCTURE STRUCTURE DIFFERENCE LEVEL STRUCTURE

FLINT CREEK 36.03 FLORAL CITY POOL 39.39 HIGH LEVEL 37.00 -0.97 Gates Closed HIGH LEVEL 42.50 -3.11 Leslie Heifner Open MAXIMUM DESIRABLE 36.50 -0.47 All drop gates: 36.00' MSL MAXIMUM DESIRABLE 42.25 -2.86 Floral City closed LOW LEVEL 34.50 1.53 invert 32.9' Golf Course Golf Course closed LOW LEVEL 40.25 -0.86 invert 38.0' Moccasin slough closed KELL 63.40 HIGH LEVEL 66.00 -2.60 Closed INVERNESS POOL 34.81 MAXIMUM DESIRABLE 65.50 -2.10 No logs HIGH LEVEL 40.50 -5.69 Brogden Bridge closed LOW LEVEL 63.50 -0.10 invert 64.66' MAXIMUM DESIRABLE 40.25 -5.44 Brogden Bridge Bryant Slough gates closed LOW LEVEL 38.25 -3.44 invert 34.25' KEENE 59.81 Keene 1: 2-6" log HIGH LEVEL 63.00 -3.19 Keene 2: One 6" log HERNANDO POOL (S353) 34.46 MAXIMUM DESIRABLE 62.50 -2.69 1-invert 61.5' Keene 3: no logs HIGH LEVEL 39.00 -4.54 S-353 Van Ness closed LOW LEVEL 60.50 -0.69 2-invert 61.6' Sherry's Brook: 18" of Logs MAXIMUM DESIRABLE 38.75 -4.29 invert 36.5' S-353 gates closed LOW LEVEL 36.75 -2.29 STEMPER 56.61 Two Mile Prairie (max) 35.00 -11.71 23.29 HIGH LEVEL 62.00 -5.39 Two 4" logs installed MAXIMUM DESIRABLE 61.25 -4.64 LESLIE HEIFNER 39.48 Upstream (RIVER level) LOW LEVEL 59.50 -2.89 invert 60.25' HIGH LEVEL 42.50 -3.02 39.51 Downstream (POOL level) MAXIMUM DESIRABLE 42.25 -2.77 Gate Fully Open to 9.00' HANNA 57.18 LOW LEVEL 40.25 -0.77 invert 35.0' HIGH LEVEL 62.50 -5.32 18" of stop log installed MAXIMUM DESIRABLE 61.75 -4.57 WYSONG-COOGLER LOW LEVEL 59.50 -2.32 invert 60.28' UPSTREAM 39.50 -0.19 39.31 Main Gate Raised to 39.00' DOWNSTREAM 35.21 Low Flow Gate at 38.70' CYPRESS CREEK Flood Stage 150 Total cfs flow WORTHINGTON GARDENS 8.00 -5.55 2.45 Drop gate open 3.0'. INGLIS 27.66 HIGH LEVEL 28.00 -0.34 By-pass Total Gate Opening 1.70' SAWGRASS LAKE MAXIMUM DESIRABLE 27.50 0.16 Main Gates Closed HIGH LEVEL 5.00 -0.90 4.10 Gate Closed LOW LEVEL 26.50 1.16 invert 11.3' 577 Total cfs flow LOW LEVEL 3.80 0.30 LAKE BRADLEY TARPON (S551) 3.11 MAXIMUM DESIRABLE 42.50 -4.92 37.58 Lake Gauge at mud level (Bottom) HIGH LEVEL 3.80 -0.69 Main gates Closed MAXIMUM DESIRABLE 3.20 -0.09 All Drop gates @ 3.20 LAKE CONSUELLA LOW LEVEL 2.20 0.91 MAXIMUM DESIRABLE 41.50 -5.40 36.10 Lake Gauge at mud level (Bottom)

ANNE PARKER 45.09 MEDARD RESERVOIR HIGH LEVEL 48.75 -3.66 5-6" logs MAXIMUM DESIRABLE 60.00 -1.39 58.61 Gate Open 0.50' MAXIMUM DESIRABLE 48.25 -3.16 LOW LEVEL 45.75 -0.66 invert 46.40' HANCOCK (P11) 96.29 Gauge at structure HIGH LEVEL 99.00 -2.71 96.33 Gauge on lake WHITE TROUT 33.18 MAXIMUM DESIRABLE 98.50 -2.21 HIGH LEVEL 36.50 -3.32 CREST = 33.94' MSL LOW LEVEL 96.00 0.29 invert 91.7' Gate Closed MAXIMUM DESIRABLE 36.00 -2.82 12" of stop log installed HENRY (P5) 123.25 LOW LEVEL 34.00 -0.82 invert 32.94' HIGH LEVEL 126.50 -3.25 LRLMD MAXIMUM DESIRABLE 126.00 -2.75 KEYSTONE 38.46 LOW LEVEL 124.00 -0.75 invert 122.0' HIGH LEVEL 42.00 -3.54 Gates Closed MAXIMUM DESIRABLE 41.75 -3.29 SMART (P6) 125.05 LOW LEVEL 39.75 -1.29 invert 37.2' HIGH LEVEL 128.75 -3.70 LRLMD MAXIMUM DESIRABLE 128.50 -3.45 CRESCENT 38.81 LOW LEVEL 126.50 -1.45 invert 127.2' HIGH LEVEL 42.50 -3.69 Gate Closed MAXIMUM DESIRABLE 42.00 -3.19 FANNIE (P7) 0.00 LOW LEVEL 40.00 -1.19 invert 38.5' HIGH LEVEL 125.75 -125.75 LRLMD MAXIMUM DESIRABLE 125.50 -125.50 ISLAND FORD 37.18 LOW LEVEL 123.50 -123.50 invert 119.5' HIGH LEVEL 41.50 -4.32 Gates Closed MAXIMUM DESIRABLE 41.00 -3.82 invert 35.0' HAMILTON (P8) 117.86 LOW LEVEL 39.00 -1.82 crest 41.25' HIGH LEVEL 121.50 -3.64 LRLMD MAXIMUM DESIRABLE 121.25 -3.39 PRETTY 42.61 LOW LEVEL 119.00 -1.14 invert 110.5' HIGH LEVEL 45.50 -2.89 Main Gate Closed MAXIMUM DESIRABLE 44.50 -1.89 Drops Closed LENA (P1) 134.25 LOW LEVEL 42.75 -0.14 invert 38.0' HIGH LEVEL 137.00 -2.75 Gates closed MAXIMUM DESIRABLE 136.75 -2.50 MAGDALENE 46.94 Lake gauge LOW MANAGEMENT 134.50 -0.25 invert 134.47' HIGH LEVEL 50.00 -3.06 46.93 Structure gauge MAXIMUM DESIRABLE 49.50 -2.56 JUNE-IN-WINTER (G90) 73.54 LOW MANAGEMENT 47.50 -0.56 invert 45.6' Gates closed HIGH LEVEL 75.50 -1.96 Gates Closed MAXIMUM DESIRABLE 75.00 -1.46 Overflow at 75.25' MSL BAY 44.93 LOW LEVEL 73.00 0.54 invert 65.37' HIGH LEVEL 46.75 -1.82 Gates Closed MAXIMUM DESIRABLE 46.00 -1.07 ARIETTA (P3) 139.05 LOW LEVEL 44.00 0.93 invert 44.0' HIGH LEVEL 144.00 -4.95 Gate closed MAXIMUM DESIRABLE 142.50 -3.45 ELLEN-LIPSEY 39.52 Structure Gauge LOW LEVEL 141.00 -1.95 invert 137.4' HIGH LEVEL 41.50 -1.98 39.68 Lake Gauge MAXIMUM DESIRABLE 41.00 -1.48 Gate Closed GIBSON 142.56 LOW LEVEL 39.00 0.52 invert 37.6' Drops: 40.62 - Stems 13.5" HIGH LEVEL 143.50 -0.94 Gate Closed MAXIMUM DESIRABLE 143.00 -0.44 Stop log bays at 142.60' crest CARROLL 34.29 Low Level 141.50 1.06 invert 141.4' HIGH LEVEL 37.00 -2.71 24" of stop log installed MAXIMUM DESIRABLE 36.50 -2.21 PARKER 128.28 LOW LEVEL 34.50 -0.21 invert 34.17' HIGH LEVEL 131.00 -2.72 Gate closed MAXIMUM DESIRABLE 130.75 -2.47 ARMISTEAD 39.51 LOW LEVEL 128.75 -0.47 invert 129.15' HIGH LEVEL 44.00 -4.49 Gate Closed MAXIMUM DESIRABLE 43.00 -3.49 PEACE RIVER Flood Stage LOW LEVEL 40.50 -0.99 BARTOW 8.00 -5.09 2.91 ZOLFO SPRINGS 16.00 -12.08 3.92 HILLSBOROUGH RIVER Flood Stage ARCADIA 11.00 -9.78 1.22 MORRIS BRIDGE 32.00 -7.83 24.17 S-155 is open FOWLER 29.00 -8.51 20.49 LITTLE MANATEE RIVER Flood Stage WIMAUMA 11.00 -8.33 2.67 WITHLACOOCHEE R. Flood Stage TRILBY 61.27 -11.20 50.07 ALAFIA RIVER Flood Stage CROOM 47.94 -7.56 40.38 LITHIA 13.00 -10.23 2.77 HIGHWAY. 48 39.49 LAKE PANASOFFKEE 40.70 -1.19 39.51 MYAKKA RIVER Flood Stage HOLDER 35.52 -7.09 28.43 MYAKKA STATE PARK 7.00 -5.01 1.99

ANCLOTE RIVER Flood Stage MANATEE RIVER Flood Stage ELFERS 20.00 -12.05 7.95 MYAKKA HEAD 11.00 -8.62 2.38

29 Lake Gibson Lake Tarpon, S-551

145.00 5.50

144.50 5.00

144.00 4.50

143.50 4.00

143.00 3.50

142.50 3.00

142.00 2.50

141.50 2.00 Water Surface Elevation Surface Water Water Surface Elevation 141.00 1.50

140.50 1.00

140.00 0.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan

Daily Average Values 2006-07 Lake Surface Area = 480 Acres Low Slab = 144.81' Daily Average Values 2006-07 Structure Gauge Datum = 100.00' Lake Surface Area =2,534 Lake Gauge Datum = 135.00 MSL SCADA Device # 6491 SCADA Device Number 2427 Lake Level Low Level Max. Desirable High Level High Level 30 Lake Level Low Level Max. Desirable High Level 10 yr. Flood

Lake Thonotosassa Lake Anne Parker

39.50 49.50 39.00 49.00 38.50 48.50 38.00 48.00 37.50 37.00 47.50

36.50 47.00

36.00 46.50 35.50

Water Surface Elevation 46.00 35.00 45.50

34.50 Water Surface Elevation Above M.S.L. 34.00 45.00 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Daily Average Values 2006-07 Lake Surface Area = 93 Acres Daily Average Values 2006-07 Lake Surface Area = 824 Acres Low Slab = 40.09' Low Slab = 39.0' SCADA Device Number: 8491 Flint Creek Gauge Datum = 32.16 SCADA Device #6807

Lake Level Low Level Max. Desirable High Level 10 yr. Flood Lake Level Low Level Max. Desirable High Level 10 yr. Flood Lake Hanna Lake Keene 63.50 64.00

63.00 63.50 62.50 63.00 62.00 62.50 61.50

61.00 62.00

60.50 61.50 60.00 61.00 59.50 60.50

59.00 Elevation Surface Water

58.50 60.00 Water Surface Elevation Elevation Surface Water 58.00 59.50 57.50

57.00 59.00 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Daily Average Values 2005-06 Daily Average Values 2006-07 Lake Surface Area = 29 Acres Lake Surface Area = 31 Acres Low Slab = 63.68' SCADA Device Number 7631 SCADA Device #7531 Lake Level Low Level Max. Desirable High Level 10 yr. Flood Lake Level Low Level Max. Desirable High Level 10 yr. Flood 31

Lake Kell Lake Stemper

67.50 63.00

62.50 67.00 62.00 66.50 61.50

66.00 61.00

65.50 60.50

60.00 65.00 59.50 64.50 59.00 64.00 Water Surface Elevation Surface Water 58.50 Water Surface Elevation 63.50 58.00

57.50 63.00 57.00 62.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 56.50 Lake Surface Area = 31 Acres 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Low Slab = 68.09' Lake Surface Area = 58.32 Acres Daily Average Values 2006-07 Structure Gauge Datum = 62.95' Low Slab = 63.70 Lake Gauge Datum = 54.45' MSL Daily Average Values 2006-07 Lake Gauge Datum = 30.3 MSL SCADA #1981 SCADA Device # 2067

Level Low Level Max. Desirable High Level 10 Yr. Flood Lake Level Low Level Max. Desirable High Level 10 yr. Flood Bay Lake Lake Carroll

48.0 38.5 47.5 38 47.0 37.5 46.5 37 46.0 36.5 45.5 36 45.0 35.5 44.5 35 Water Surface Elevation

44.0 Elevation Surface Water 34.5 43.5 34 43.0 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 33.5 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Daily Average Values 2006-07 Lake Surface area = 37 Acres Low Slab = 47.80' Lake Surface Area = 188 Acres Structure Gauge Datum = Direct Read Daily Average Values 2006-07 Low Slab = 39.50' Structure Gauge Datum = 31.86' Lake auge Datum = Direct Read Lake Gauge Datum = 30.0 MSL SCADA Device Number = 1647 SCADA Device Number: 2087 Lake Level Low Level Max. Desireable High Level 10 yr. Flood Lake Level Low Level Max. Desirable High Level 10 yr.Flood 32 Crescent Lake Lake Island Ford

44.50 42.50 44.00 42.00 43.50 41.50 43.00 41.00 42.50 40.50 42.00 40.00 41.50 39.50 41.00 39.00 40.50 38.50 40.00 Elevation Surface Water 38.00 Water Surface Elevation in Feet above (MSL) in Feet Elevation Surface Water 39.50 39.00 37.50 38.50 37.00 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan

Lake Surface Area = 50 Acres Low Slab = 44.63' Daily Average Values 2006-07 Daily Average Values 2006-07 Lake Surface Area = 96 Acres Structure Gauge Datum = Direct Low Slab = 42.64 Read Structure Gauge Datum = 36.54' Lake Gauge Datum = Direct Read SCADA Device number = 1621 Level Low Level Max. Desirable High Level 10 yr. Flood SCADA Device Number = 1667 WSE Low Level Max Desirable High Level 10 yr. Flood Lake Keystone Lakes Ellen and Lipsey

43.50 42.50 43.00 42.00 42.50 41.50 42.00 41.00 41.50 40.50 41.00

40.50 40.00

40.00 39.50

Water Surface Elevation Surface Water 39.50 39.00 Water Surface Elevation 39.00 38.50

38.50 38.00

38.00 37.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Daily Average Values 2006-07 Lake Surface Area = 388 Acres Daily Average Values 2006-07 Low Slab = 43.53' Structure Gauge Datum = Direct Read Lake Surface Area = 22 Acres Lake Gauge Datum = Direct Read Low Slab = 42.35' SCADA Device Number: 6161 SCADA Device Number 1791 Lake Level Low Level Max. Desirable High Level 10 yr. Flood Lipsey WSE Lake Ellen Low Level Max. Desirable Min. Flood 33 Lake Magdalene Lake Pretty 51.00 47.50

50.50 47.00 46.50 50.00 46.00 49.50 45.50

49.00 45.00

48.50 44.50

48.00 44.00 43.50

47.50 Elevation Surface Water Water Surface Elevation 43.00 47.00 42.50 46.50 42.00

46.00 41.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Lake Surface Area = 184 Acres Daily Average Values 2006-07 Daily Average Values 2006-07 (Pretty, Rock, Josephine combined) Lake Surface Area = 232 Acres Low Slab = 47.10' Low Slab = 51.80' Structure Gauge Datum = 40.00' Structure Gauge Datum = 45.52 Lake Gauge Datum = 31.74' MSL Lake Gauge Datum = 30.0 MSL SCADA Device #1967 Structure Level Lake Level Low Level Max. Desirable High Level 10 yr. Flood Level Low Level Max. Desirable High Level 10 Yr. Flood Lake White Trout Lake Lowery

38.50 132.00 38.00 131.50 37.50

37.00 131.00 36.50 130.50 36.00 130.00 35.50

35.00 129.50 34.50 129.00 Water Surface Elevation Surface Water 34.00 Water Surface Elevation Surface Water 128.50 33.50

33.00 128.00 32.50 127.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan

Daily Average Values 2006-07 Lake Surface Area = 75 Acres Low Slab = 39.41' Daily Average Values 2006-07 Lake Surface Area = 903 Acres Structure Gauge Datum = 33.38' Low Slab = 131.61 Lake Gauge Datum = 19.98' MSL SCADA Device Number 6181 Lake Level Low Level Max. Desirable High Level 10 yr. Flood Lake Level Low Level Max. Desirable High Level 34 Lake Rousseau Lake Arietta (P-3) 144.50 29.50 144.00 29.00 143.50 28.50 143.00 28.00 142.50

27.50 142.00

27.00 141.50

26.50 141.00

26.00 140.50

Water Surface Elevation 140.00 25.50 Water Surface Elevation Surface Water 139.50 25.00 139.00 24.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 138.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan

Daily Average Values 2006-07 Daily Average Values 2006-07 Lake Surface Area = 758 Acres Lake Surface Area = 3657 Acres Lake Gauge Datum = 100.00' Structure Gauge Datum = 10.00 SCADA Device Number 7431 SCADA Device Number 6137 Lake Level Low Level Max. Desirable High Level Lake Level Low Level Max. Desirable High Level Hernando Pool Inverness Pool

40.50 42.00 40.00 41.50 39.50 41.00 40.50 39.00 40.00 38.50 39.50 38.00 39.00 37.50 38.50 38.00 37.00 37.50 36.50 37.00 36.00 36.50 Water Surface Elevation Surface Water Water Surface Elevation Surface Water 35.50 36.00 35.50 35.00 35.00 34.50 34.50 34.00 34.00 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan

Lake Surface Area = 6200 Acres Lake Surface Area = 8000 Acres Daily Average Values 2006-07 Low Slab = 40.47' Daily Average Values 2006-07 Low Slab = 42.54' Structure Gauge Datum = Direct Read Structure Gauge Datum = Direct Read Lake Gauge Datum = Direct Read Lake Gauge Datum = Direct Read SCADA # 2027 Lake Level Low Level Max. Desirable High Level 10 yr. Flood SCADA # 2047 Level Low Level Max. Desirable High Level 10 Yr. Flood 35 Leslie Heifner Floral City Pool

43.00 43.50 42.50 43.00 42.00 42.50 42.00 41.50 41.50 41.00 41.00 40.50 40.50 40.00 40.00 39.50 39.50 39.00 39.00 M.S.L. 38.50 38.50 38.00 38.00 37.50 Water Surface Elevation 37.50 37.00 37.00 36.50 36.50 36.00

Water Surface Elevation in Feet Above Feet in Elevation Surface Water 36.00 35.50 35.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Daily Average Values 2006-07 Lake Surface Area = 9100 Acres Daily Average Values 2006-07 Low Slab = 44.10' Lake Surface Area = 37 Acres Structure Gauge Datum = Direct Read Low Slab = 47.80' Lake Gauge Datum = Direct Read SCADA Device #6767 & #6766 SCADA #2007 Upstream Level Downsream Level Low Level Max.Desirable High Level Level Low Level Max. Desirable High Level 10 Yr. Flood Lake Fannie (P-7) Lake Hamilton (P8)

127.50 123.00 127.00 122.50 126.50 122.00 126.00 125.50 121.50 125.00 121.00 124.50 120.50 124.00 120.00 123.50 119.50 123.00 119.00 Water Surface Elevation Water Surface Elevation Surface Water 122.50 118.50 122.00 118.00 121.50 117.50 121.00 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Daily Average Values 2006-07 Daily Average Values 2006-07 Lake Surface Area = 833 Acres Lake Surface Area = 2,640 Acres Low Slab = 127.60' Lake Gauge Datum = 120.36 MSL Lake Gauge Datum = 115.00' SCADA Device #2187 SCADA Device Number = 1747 Lake Level Low Level Max. Desirable High Level 10 Yr. Flood Lake Level Low Level Max. Desirable High Level 10 Yr. Flood 36 Lake Hancock (P-11) Lake Henry (P-5)

103.00 128.00 102.50 102.00 127.50 101.50 127.00 101.00 100.50 126.50 100.00 126.00 99.50 125.50 99.00 98.50 125.00 98.00 124.50 97.50 97.00 124.00 Water Surface Elevation Surface Water Water Surface Elevation 96.50 123.50 96.00 123.00 95.50 95.00 122.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan

Lake Surface Area = 4,541 Acres Daily Average Values 2006-07 Lake Gauge Datum = 92.78' MSL Daily Average Values 2006-07 Lake Surface Area = 861 Acres Structure Gauge Datum = 84.08' Structure Gauge Datum = 100.00' MSL SCADA Device Number = 1767 & 4087 S.R. Gauge Datum = 120.00' MSL SCADA Device Number 1807 Gauge at Structure Lake Level Low Level Max Desirable High Level 10 yr. Flood Lake Level Low Level Max. Desirable High Level 10 Yr. Flood Lake Lena (P-1) Lake June-in-Winter (G-90)

138.00 77.00

137.50 76.50

137.00 76.00

136.50 75.50

136.00 75.00

135.50 74.50 74.00 135.00 73.50 134.50 Water Surface Elevation Surface Water Water Surface Elevation Surface Water 73.00 134.00 72.50 133.50 72.00 133.00 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Daily Average Values 2006-07 Lake Surface Area = 3,504 Acres Daily Average Values 2006-07 Lake Surface Area = 207 Acres Structure Gauge Datum = Direct Read Lake Gauge Datum = 132.12 Lake Gauge Datum = 65.38 MSL SCADA Device Number 7451 SCADA Device Number=6136 Lake Level Low Level Max. Desirable High Level 10 yr. Flood Lake Level Low Level Max. Desirable High Level 10 yr. Flood 37 Lake Parker Lake Smart (P-6)

133.00 130.50 132.50 130.00 132.00 129.50 129.00 131.50 128.50 131.00 128.00

130.50 127.50 130.00 127.00 129.50 126.50 Water Surface Elevation Surface Water

Water Surface Elevation 126.00 129.00 125.50 128.50 125.00

128.00 124.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Daily Average Values 2006-07 Lake Surface Area = 1,820 Acres Daily Average Values 2006-07 Low Slab = 131.43' Lake Surface Area = 2,272 Acres Lake Gauge Datum = 120.00' MSL Lake Gauge Datum = 100.00' SCADA Device Number: 2167 SCADA Device Number 7721 Lake Level Low Level Max. Desirable High Level 10 yr. Flood Lake Level Low Level Max. Desirable Max. Desirable 10 Yr. Flood Sawgrass Lake Lake Armistead

47.00 46.50 46.00 9.00 45.50 45.00 8.00 44.50 44.00 7.00 43.50 43.00 6.00 42.50 42.00 5.00 41.50 4.00 41.00 40.50 3.00 40.00 39.50 Water Surface Elevation 2.00 39.00

Water Surface Elevation 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan

Lake Surface Area = 35 Acres Daily Average Values 2006-07 Lake Surface Area = 21 Daily Average Values 2006-07 Low Slab = 45.72' Acres Lake Gauge Datum = Direct Read Low Slab = N/A SCADA Device Number 7671 Lake Gauge Datum = Direct Lake Level Low Level High Level Read Lake Level Low Level Max. Desirable High Level 10 yr. Flood 38 Medard Lake Haines 65.5 65.0 130.00 64.5

129.50 64.0 63.5 129.00 63.0

128.50 62.5 62.0 128.00 61.5 61.0 127.50 60.5 127.00 60.0 59.5

126.50 Elevation Surface Water 59.0 Water Surface Elevation 126.00 58.5 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 58.0 57.5 Daily Average Values 2006-07 57.0 Lake Surface Area = 716 Acres 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Low Slab = 131.61' Lake Gauge Datum = 100.00' Daily Average Values 2006-07 SCADA Device Number 7571

Lake Level Low Level Max. Desirable High Level 10 yr. Flood Water Level Low Level Max. Desirable High Level 10 Yr. Flood Lake Consuella Lake Bradley

43.50 43.50 43.00 43.00 42.50 42.50 42.00 42.00 41.50 41.00 41.50 40.50 41.00 40.00 40.50 39.50 39.00 40.00 38.50 39.50 38.00 M.S.L. Above 37.50 39.00 37.00 Water Surface Elevation 38.50 36.50 36.00 38.00 Water Surface Elevation in Feet 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 37.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Weekly Average Values 2006-07 Lake Surface Area = 37 Acres Low Slab = 47.80' Structure Gauge Datum = Direct Read Weekly Average Values 2006-07 Lake Surface Area = 590 Acres Lake Gauge Datum = Direct Read Low Slab = 44.38'

Water Level Low Level Max. Desirable High Level 10 yr. Flood Lake Level Low Level Max. Desirable High Level 10 yr. Flood 39

40 F. Finance & Admin. Comte. Governing Board Meeting January 29, 2008

Finance and Administration Committee

Discussion Items

66. Consent Item(s) Moved for Discussion

Submit & File Report

67. Treasurer's Report, Payment Register, and Contingency Reserves Report ...... 2

68. Fiscal Year 2008 First Quarter Financial Report ...... 5

Routine Report

69. Management Services Status Report ...... 27

70. Fiscal Year 2009 Budget Calendar ...... 33

Item 67

Finance and Administration Committee January 29, 2008

Submit & File Report

Treasurer's Report, Payment Register, and Contingency Reserves Report

Purpose Presentation of the Treasurer's Report, Payment Register, and Contingency Reserves Report.

Background In accordance with Board Policy 130-3, District Investment Policy, a monthly report on investments shall be provided to the Governing Board. Attached is a copy of the Treasurer's Report as of December 31, 2007, which reflects total cash and investments at a market value of $667,599,449. As an update, the investment portfolio has $249.7 million or 37.8 percent invested in the State Board of Administration (SBA) Local Government Investment Pool (LGIP) with $208.3 million in Fund A and $41.4 million in Fund B, consistent with the amounts reported at the December 18, 2007 Governing Board meeting. The District is managing its short-term and daily liquidity needs through the use of two money market funds (Dreyfus Government Cash Management and Federated Government Obligations #5). Consistent with Board Policy 130-3, the maximum percent of the portfolio that will be invested in any one money market fund is 25 percent. On December 21, 2007, Standard & Poor's announced that it assigned its AAAm principal stability fund rating to the Florida LGIP. Standard and Poor's stated that the rating was based on their analysis of the fund's credit quality, market price exposure, and management. On January 9, 2008, the SBA announced that it intends by the end of January 2008 to raise the liquidity ceiling rules for the SBA LGIP, Fund A, from the current 15 percent ceiling to close to 40 percent. If the ceiling is raised to 40 percent, the District may be authorized to withdraw as much as an additional $58 million from the SBA LGIP, Fund A, reducing the District's total investment in the SBA LGIP, as a percentage of portfolio to 29 percent. Further, the District has been advised via an email from the SBA dated January 9, 2008, that as much as 32.5 percent of Fund B maturities could be transferred to Fund A within the next few months as available liquid balances. If this occurs, the District's "at risk" investment in Fund B could be reduced by as much as $13.5 million, reducing the balance in Fund B from $41.4 million to $27.9 million. Based on this, Fund A rated AAAm with high quality money market appropriate funds would represent 90 percent of the total SBA LGIP, up from 86 percent as previously reported. In accordance with Board Policy 130-1, Disbursement of Funds, all general checks written during a period shall be reported to the Governing Board at its next regular meeting. The Payment Register listing disbursements since last month's report is available upon request. The Payment Register includes checks and electronic funds transfers (EFTs). The FY2008 Contingency Reserves Report (District only) follows:

ORIGINAL BUDGET AMOUNT: $6,000,000 Date of

Less Approved Transfers Board Action No transfers have been made to date this fiscal year.

BALANCE: $6,000,000

Staff Recommendation: See Exhibit

These items are presented for the Committee's information, and no action is required.

Presenter: Daryl F. Pokrana, Director, Finance Department 2 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TREASURER'S REPORT TO THE GOVERNING BOARD December 31, 2007

AGENCY SECURITIES EFFECTIVE CUSIP INTEREST CALLABLE/ PURCHASE MATURITY DURATION (YRS) DAYS TO PURCHASE MARKET ACCRUED % OF NUMBER RATE BULLET DATE DATE OF SECURITY MATURITY COST VALUE INTEREST PORTFOLIO

FEDERAL FARM CREDIT 31331s5j8 5.05 Callable 09/17/2007 04/08/2009 1.56 464 $9,937,500 $10,000,168 $105,347 31331xsj2 5.15 Callable 03/12/2007 03/12/2010 3.00 802 10,000,000 10,015,254 155,931 31331xwx6 5.20 Callable 04/30/2007 04/30/2010 3.00 851 10,000,000 10,029,194 86,667 31331yet3 4.45 Callable 11/26/2007 11/26/2010 3.00 1061 10,000,000 10,058,242 43,264 TOTAL FEDERAL FARM CREDIT $39,937,500 $40,102,858 $391,209 6.05

FEDERAL HOME LOAN BANK 3133xjsd1 5.25 Bullet 01/30/2007 01/02/2008 0.92 2 $10,000,000 $10,000,000 $481,250 3133xjwx2 5.25 Bullet 03/01/2007 02/01/2008 0.92 32 10,000,000 10,012,000 437,500 3133xl6b4 5.13 Bullet 06/07/2007 06/04/2009 1.99 521 10,000,000 10,220,277 38,438 3133xflg9 5.20 Bullet 07/09/2007 06/12/2009 1.93 529 10,008,600 10,241,000 27,708 3133xlk93 5.38 Callable 06/25/2007 09/25/2009 2.25 634 10,000,000 10,058,509 8,958 3133xkyf6 5.25 Callable 05/25/2007 05/27/2010 3.01 878 10,000,000 10,040,363 49,583 3133xlkd4 5.63 Callable 07/09/2007 07/09/2010 3.00 921 10,000,000 10,000,684 268,750 3133xmd73 5.00 Callable 10/05/2007 09/24/2010 2.97 998 10,000,000 10,075,922 134,722 3133xkq99 5.25 Callable 09/14/2007 11/02/2010 3.14 1037 4,999,650 5,015,742 43,021 3133xmsv4 4.70 Callable 11/15/2007 11/15/2010 3.00 1050 10,000,000 10,017,314 60,056 3133xmxq9 4.63 Callable 11/19/2007 11/19/2010 3.00 1054 10,000,000 10,071,012 53,958 3133xng45 4.50 Callable 12/06/2007 12/03/2010 2.99 1068 10,000,000 10,034,969 35,000 3133xnfu8 4.55 Callable 12/06/2007 12/03/2010 2.99 1068 10,000,000 10,015,073 35,389 3 TOTAL FEDERAL HOME LOAN BANK $125,008,250 $125,802,865 $1,674,333 18.94

FEDERAL HOME LOAN MORTGAGE CORPORATION 3128x5xa1 5.24 Callable 03/02/2007 01/11/2010 2.87 742 $10,000,000 $10,000,961 $247,917 TOTAL FEDERAL HOME LOAN MORTGAGE CORPORATION $10,000,000 $10,000,961 $247,917 1.52

FEDERAL NATIONAL MORTGAGE ASSOCIATION 3136f5c90 5.43 Bullet 07/12/2006 06/02/2008 1.89 154 $9,958,000 $10,040,436 $41,889 3136f8js5 5.35 Callable 04/12/2007 04/12/2010 3.00 833 10,000,000 10,010,000 117,403 31398aee8 5.50 Callable 07/09/2007 07/09/2010 3.00 921 10,000,000 10,178,983 262,778 3136f8uq6 5.05 Callable 11/01/2007 11/01/2010 3.00 1036 10,000,000 10,024,905 84,167 TOTAL FEDERAL NATIONAL MORTGAGE ASSOCIATION $39,958,000 $40,254,324 $506,237 6.05 PRIVATE EXPORT FUNDING CORPORATION 742651cj9 5.05 Bullet 05/09/2007 07/31/2008 1.23 213 $10,095,300 $10,108,900 $244,583 TOTAL PRIVATE EXPORT FUNDING CORPORATION $10,095,300 $10,108,900 $244,583 1.53

TOTAL AGENCY SECURITIES $224,999,050 $226,269,908 $3,064,279 34.09 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TREASURER'S REPORT TO THE GOVERNING BOARD December 31, 2007

STATE BOARD OF ADMINISTRATION (SBA) & OTHER INVESTMENT ACCOUNTS EFFECTIVE ACCOUNT ACCOUNT INTEREST PURCHASE MARKET ACCRUED % OF NUMBER DESCRIPTION RATE COST VALUE INTEREST PORTFOLIO

FUND A 271413 SBA General Investments 4.81 $178,615,570 $178,615,570 271411 SBA Workers' Compensation 4.81 1,142,870 1,142,870 271412 SBA Benefit Plan 4.81 25,498 25,498 271414 SBA Land Resources 4.81 4,894,665 4,894,665 271415 SBA Advanced State Funding 4.81 21,881,516 21,881,516 271416 SBA Advanced State Funding (FDOT Maintenance and Monitoring) 4.81 1,772,109 1,772,109 271417 SBA Weeki Wachee Rent Overpayments 4.81 6 6 $208,332,234 $208,332,234

FUND B 271413 SBA General Investments 5.15 $36,371,749 $36,371,749 271411 SBA Workers' Compensation 5.15 191,216 191,216 271412 SBA Benefit Plan 5.15 4,266 4,266 271414 SBA Land Resources 5.15 814,961 814,961 271415 SBA Advanced State Funding 5.15 3,760,168 3,760,168 271416 SBA Advanced State Funding (FDOT Maintenance and Monitoring) 5.15 296,496 296,496 $41,438,856 $41,438,856

4 TOTAL STATE BOARD OF ADMINISTRATION (SBA) ACCOUNTS $249,771,090 $249,771,090 37.86

DREYFUS GOVERNMENT CASH MANAGEMENT ACCOUNT 4.29 23,456,448 23,456,448 3.55

FEDERATED GOVERNMENT OBLIGATIONS #5 ACCOUNT 4.43 161,697,827 161,697,827 24.50

TOTAL INVESTMENTS $659,924,415 $661,195,273 100.00

CASH, SUNTRUST DEMAND ACCOUNT 6,404,176 6,404,176 TOTAL CASH AND INVESTMENTS $666,328,591 $667,599,449

Weighted average yield on portfolio at December 31, 2007 is 4.82%.

EQUITY - CASH AND INVESTMENTS

DISTRICT AND BASINS District General Fund $ 336,073,306 50.44% Alafia River Basin 15,950,691 2.39% Hillsborough River Basin 34,757,575 5.22% Northwest Hillsborough Basin 31,943,757 4.79% Coastal Rivers Basin 14,052,820 2.11% Pinellas-Anclote River Basin 116,867,774 17.54% Withlacoochee River Basin 14,505,225 2.18% Peace River Basin 33,846,996 5.08% Manasota Basin 57,529,804 8.63% SWIM Program 9,115,592 1.37% FDOT Mitigation Program 1,685,051 0.25% TOTAL EQUITY IN CASH AND INVESTMENTS $ 666,328,591 100.00% Item 68

Finance and Administration Committee January 29, 2008

Submit & File Report

Fiscal Year 2008 First Quarter Financial Report

Purpose The purpose of the Fiscal Year 2008 First Quarter Financial Report is to identify and forecast major trends, conditions or variances that may need management's attention. Based on the financial activities for the first three months of the fiscal year, the financial condition of the District is positive and budget variances are favorable. Staff will continue to closely monitor interest earnings during FY2008 based on the uncertainties regarding the District's investment in the State Board of Administration Local Government Investment Pool, and anticipated declining interest rates in the marketplace. There are no other reported or identified major trends, conditions or variances that warrant additional management attention.

Background The first quarter report covers the financial activities for the first three months of fiscal year (FY) 2008 which ended December 31, 2007. It provides a summary of the financial activities on an All Funds basis and for each separate Fund that compares Revenues to Expenditures/ Encumbrances. In preparation of this report, all departments were asked to review their financial activities and provide an estimate of budgeted funds that would not be expended or encumbered this fiscal year and identify any outside revenue that would not be received this fiscal year due to an associated reduction in program expenditures. Since it is so early in the fiscal year, staff were asked to identify only those budgeted expenditures and outside revenues they expect to end the year with at least $25,000 or more unspent/unencumbered on the expenditure side or $25,000 or more unearned on the revenue side. This information was then compiled and projections were made based on the overall financial activities for the first three months of the fiscal year. Staff will continue to monitor and report on all financial activities throughout FY2008, on a quarterly basis, to ensure the District's continued financial success.

Staff Recommendation: See Exhibit

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

Presenter: Linda R. Pilcher, Assistant Director, Finance Department

5 FISCAL YEAR 2008 QUARTERLY FINANCIAL REPORT

FIRST QUARTER FINANCIAL REPORT

Three Months Ended December 31, 2007

JANUARY 2008

Prepared By: Finance Department For additional copies, please call extension 4103.

6 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT FISCAL YEAR 2008 QUARTERLY FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

TABLE OF CONTENTS

PAGE

Introduction...... 8 Revenues Expenditures / Encumbrances Conclusion

Definitions and Acronyms ...... 9

Financial Reports District All Funds ...... 12 General Fund (Districtwide)...... 13 Alafia River Basin ...... 14 Hillsborough River Basin ...... 15 Northwest Hillsborough Basin ...... 16 Coastal Rivers Basin ...... 17 Pinellas-Anclote River Basin ...... 18 Withlacoochee River Basin ...... 19 Peace River Basin ...... 20 Manasota Basin ...... 21 Surface Water Improvement and Management (SWIM) Program...... 22 FDOT Mitigation Program ...... 23 Partnership Trust Fund ...... 24 Florida Forever/Save Our Rivers ...... 25 Facilities Fund ...... 26

7 INTRODUCTION

The first quarter report covers the financial activities for the first three months of fiscal year (FY) 2008. The purpose of the report is to identify and forecast major trends, conditions or variances that may need management’s attention. To accomplish this, a financial report has been prepared on an All Funds basis and for each separate Fund that compares Revenues to Expenditures/Encumbrances.

Revenues For the first quarter, the District collected $156.6 million in Ad Valorem Taxes (66 percent of the annual budget). Based on collection rates in prior years, ad valorem taxes are forecast to be on track with the budget.

On a combined basis, interest earnings appear to be on track with the FY2008 budget as of the end of the first quarter. However, this will need to be closely monitored throughout the fiscal year for several reasons. First, the FY2008 budget was developed based on anticipated interest earnings of 5 percent; at December 31, 2007, the weighted average yield on the District's investment portfolio was 4.82 percent. Second, it is anticipated that the yield on the State Board of Administration (SBA) Local Government Investment Pool (LGIP) will decline to a yield closer to the District's money market funds as its investments mature and are reinvested (at December 31, 2007, SBA was 4.81 percent; money market funds ranged from 4.29 percent to 4.4 percent). Next, it is anticipated that the federal funds rate may be lowered which would further reduce yields. Finally, there is some risk associated with the District's funds that are invested in the SBA LGIP, Fund B. A more comprehensive report and analysis will be provided in April after the end of the second quarter. However, SBA Fund B issues may not be resolved until the third or fourth quarter of the fiscal year.

Expenditures / Encumbrances First quarter information indicates that most major projects will be accomplished or encumbered during this fiscal year except as noted in the financial reports.

Conclusion Based on the financial activities for the first three months of the fiscal year and the projections as of the end of the quarter, December 31, 2007, the financial condition of the Southwest Florida Water Management District, including the individual Basins, is positive and budget variances are favorable. There are no reported or identified major trends, conditions or variances, other than interest earnings, as discussed, that warrant additional management attention. We will continue to monitor and report on all financial activities throughout FY2008 as a means to ensure the District’s continued financial success.

8 DEFINITIONS AND ACRONYMS

The following definitions are provided as a tool when reviewing this report:

Fund Accounting: The accounts of the District are organized and operated on the basis of funds. A fund is an independent fiscal and accounting entity with a self-balancing set of accounts. Governmental accounting information is organized into funds, each with separate revenues, expenditures, and fund balances. Fund accounting segregates funds according to their intended purpose and is used to aid management in demonstrating compliance with finance-related legal and contractual provisions.

General Fund: The general fund is the District’s general operating fund. It accounts for all financial resources of the District, except those required to be accounted for in another fund.

Special Revenue Funds: Special revenue funds account for specific revenue sources (other than capital revenue sources) that are legally restricted to expenditures for specified purposes. The eight Basins, Surface Water Improvement and Management program, FDOT Mitigation program, and the Partnership Trust are accounted for as special revenue funds.

Capital Projects Funds: Capital projects funds account for financial resources that are used for the acquisition of major capital projects associated with the Florida Forever / Save Our Rivers land acquisition program, and the District’s Facilities projects.

Balance From Prior Years: This represents funds carried over from prior years that are allocated for expenditure in the FY2008 budget.

Interfund Transfer: Interfund transfers represent the transfer of money from one fund to another within a governmental unit.

FY2007 Actual: This represents actual revenues and expenditures for the prior fiscal year.

Adopted FY2008 Budget: This is the adopted budget for the current fiscal year.

Prior Year Encumbrances: This represents the amount of prior year encumbrances and board designations carried forward from FY2007 and reappropriated for FY2008.

Budget Amendments/Transfers: This identifies formal budget amendments and approved transfers of budgeted funds from one budget line to another during the fiscal year. There were no budget amendments during the first quarter of FY2008.

Modified FY2008 Budget: This is the modified budget which is the adopted budget increased by the amount of prior year encumbrances and board designations carried forward from FY2007 and reappropriated for FY2008, and adjusted for budget amendments/transfers.

Encumbered at Month-End: Represents the amount of encumbrances and board designations existing as of the end of the first quarter, December 31, 2007.

FY2008 Actuals YTD: This represents actual funds expended during the first quarter of FY2008.

FY2008 Forecast: The forecast is a projection of expected revenues and expenditures/encumbrances and board designations for the current fiscal year and is based on actual operating results, and current information, activities, trends, and conditions.

Variance: This calculated field is the difference between the Modified FY2008 Budget and the FY2008 Forecast to show an initial projected carryover amount.

Fund Balance Restricted for Encumbrances: This represents the portion of Fund Balance that has been reserved or designated as of September 30, 2007, the end of the prior fiscal year, to fund outstanding encumbrances or board designations that have been reappropriated for expenditure in FY2008.

Projected Carryover for FY2009: The first quarter projection represents an initial estimate of funds that will be available at the end of the fiscal year for carryover as a funding source for subsequent years. The second quarter projections, which will be issued in April 2008, will be used to develop the Basins’ Balance From Prior Years projections for the FY2009 budget.

Acronyms:

FDOT Florida Department of Transportation SWIM Surface Water Improvement and Management

FY Fiscal Year YTD Fiscal Year-To-Date

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11 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

DISTRICT ALL FUNDS

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Taxes $237,543,172 $237,527,258 $0 $0 $237,527,258 $0 $156,633,934 $237,527,258 $0 Balance From Prior Years 0 44,802,916 58,874 0 44,861,790 0 0 44,861,790 0 Local Funding / County / City 3,258,052 5,960,125 7,306,563 0 13,266,688 0 (10) 13,266,688 0

State Funding 31,215,658 75,968,743 101,023,010 0 176,991,753 0 1,653,880 176,845,572 (146,181) Federal Funding 3,596,232 1,426,900 9,066,328 0 10,493,228 0 0 10,493,228 0

Permit Fees 3,282,034 3,000,000 0 0 3,000,000 0 710,457 3,000,000 0 Interest on Investments - District 28,165,033 19,600,000 0 0 19,600,000 0 5,553,838 19,600,000 0 (1) Other 3,276,451 1,737,728 0 0 1,737,728 0 412,239 1,817,053 79,325

Total Revenues and Balances $310,336,632 $390,023,670 $117,454,775 $0 $507,478,445 $0 $164,964,338 $507,411,589 ($66,856)

Fund Balance - Restricted for Encumbrances $0 $0 $472,779,504 $0 $472,779,504 $0 $0 $472,779,504 $0 Interfund Transfers - SWIM 2,135,398 4,977,835 11,498,039 0 16,475,874 0 0 16,378,420 (97,454) Interfund Transfers - Partnership 15,140,534 0000 0000

12 Total Revenues, Balances and Transfers $327,612,564 $395,001,505 $601,732,318 $0 $996,733,823 $0 $164,964,338 $996,569,513 ($164,310)

EXPENDITURES / ENCUMBRANCES

Salaries and Benefits $55,566,639 $60,012,134 $2,483 $145,589 $60,160,206 $26,621 $12,777,340 $60,160,206 $0 Other Personal Services 41,724,001 70,387,402 129,162,217 (6,590,905) 192,958,714 136,709,332 3,752,545 192,958,714 0 Operating Expenses 21,734,768 30,238,874 3,338,788 776,106 34,353,768 4,377,029 9,286,673 34,353,768 0 Operating Capital Outlay 7,705,711 2,775,102 2,441,971 4,220,210 9,437,283 3,106,367 947,277 9,437,283 0 Fixed Capital Outlay 6,890,814 29,572,500 2,882,502 1,387,000 33,842,002 3,024,018 2,020,852 33,842,002 0 Grants 67,584,420 127,084,823 303,344,492 1,709,000 432,138,315 322,319,365 743,736 431,642,542 (495,773) Reserves for Water Supply & Resource Dev 0 49,648,795 145,171,270 (1,387,000) 193,433,065 193,433,065 0 193,433,065 0 Reserves for Stormwater Management 0 5,923,393 3,364,238 0 9,287,631 3,364,238 0 9,287,631 0 Reserves for Watershed Management 0 1,416,362 300,636 0 1,716,998 300,636 0 1,716,998 0 Reserves for Contingencies 0 12,964,285 225,682 (260,000) 12,929,967 225,682 0 12,929,967 0

Total Expenditures / Encumbrances $201,206,353 $390,023,670 $590,234,279 $0 $980,257,949 $666,886,353 $29,528,423 $979,762,176 ($495,773)

Interfund Transfers - SWIM $2,135,398 $4,977,835 $11,498,039 $0 $16,475,874 $16,475,874 $0 $16,378,420 ($97,454) Interfund Transfers - Partnership 15,140,534 0000 0000

Total Expenditures, Reserves & Transfers $218,482,285 $395,001,505 $601,732,318 $0 $996,733,823 $683,362,227 $29,528,423 $996,140,596 ($593,227)

Projected Carryover for FY2009 $428,917 (1) Interest earnings could be impacted by declining interest rates along with any financial impact as a result of the SBA downgraded investments. Note: Refer to Introduction and individual fund reports on the following pages for explanation of variances. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

GENERAL FUND (DISTRICTWIDE)

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Taxes $145,973,534 $147,116,265 $0 $0 $147,116,265 $0 $97,735,864 $147,116,265 $0 Balance From Prior Years 0 18,277,565 0 0 18,277,565 0 0 18,277,565 0 Local Funding / County / City 280,169 1,143,400 72,735 0 1,216,135 0 0 1,216,135 0

State Funding 7,826,266 13,796,163 22,732,291 0 36,528,454 0 86,866 36,528,454 0 Federal Funding 1,649,021 1,050,000 7,668,579 0 8,718,579 0 0 8,718,579 0

Permit Fees 3,282,034 3,000,000 0 0 3,000,000 0 710,457 3,000,000 0 Interest on Investments 14,201,765 9,000,000 0 0 9,000,000 0 2,738,239 9,000,000 0 (1) Other 2,788,446 1,478,978 0 0 1,478,978 0 313,774 1,546,148 67,170 (2)

Total Revenues and Balances $176,001,235 $194,862,371 $30,473,605 $0 $225,335,976 $0 $101,585,200 $225,403,146 $67,170

Fund Balance - Restricted for Encumbrances $0 $0 $182,894,706 $0 $182,894,706 $0 $0 $182,894,706 $0

Total Revenues, Balances and Transfers $176,001,235 $194,862,371 $213,368,311 $0 $408,230,682 $0 $101,585,200 $408,297,852 $67,170 13

EXPENDITURES / ENCUMBRANCES

Salaries and Benefits $48,701,146 $52,092,083 $0 $38,807 $52,130,890 $24,138 $11,485,555 $52,130,890 $0 Other Personal Services 15,771,454 31,746,183 23,110,776 (4,446,249) 50,410,710 29,901,519 1,610,459 50,410,710 0 Operating Expenses 17,438,811 23,049,965 1,947,545 530,732 25,528,242 3,365,422 6,984,298 25,528,242 0 Operating Capital Outlay 7,637,446 2,544,352 2,400,347 4,220,210 9,164,909 3,068,817 909,803 9,164,909 0 Fixed Capital Outlay 4,932 72,500 6,150 1,387,000 1,465,650 6,150 545,000 1,465,650 0 Grants 17,124,931 32,224,137 64,788,859 (83,500) 96,929,496 65,553,273 268,838 96,929,496 0 Reserves for Water Supply & Resource Dev 0 46,378,151 120,888,952 (1,387,000) 165,880,103 165,880,103 0 165,880,103 0 Reserves for Contingencies 0 6,755,000 225,682 (260,000) 6,720,682 225,682 0 6,720,682 0 Total Expenditures / Encumbrances $106,678,720 $194,862,371 $213,368,311 $0 $408,230,682 $268,025,104 $21,803,953 $408,230,682 $0

Interfund Transfers - Partnership $6,918,588 $0 $0 $0 $0 $0 $0 $0 $0

Total Expenditures, Reserves & Transfers $113,597,308 $194,862,371 $213,368,311 $0 $408,230,682 $268,025,104 $21,803,953 $408,230,682 $0 Projected Carryover for FY2009 $67,170 (1) Interest earnings could be impacted by declining interest rates along with any financial impact as a result of the SBA downgraded investments. (2) Other revenue due to $2,379 in excess fees returned to District by Property Appraisers and Tax Collectors; $19,753 in interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District; and $45,038 received due to consent orders for water settlement fees. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

ALAFIA RIVER BASIN

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Taxes $5,364,139 $5,500,853 $0 $0 $5,500,853 $0 $4,284,022 $5,500,853 $0 Balance From Prior Years 0 992,284 0 0 992,284 0 0 992,284 0 Local Funding / County / City 246,467 17,200 189,265 0 206,465 0 0 206,465 0

State Funding 681,200 684,154 1,348,585 0 2,032,739 0 0 2,032,739 0

Interest on Investments 656,054 400,000 0 0 400,000 0 134,250 400,000 0 (1) Other 10,093 0 0 0 0 0 1,168 1,168 1,168 (2)

Total Revenues and Balances $6,957,953 $7,594,491 $1,537,850 $0 $9,132,341 $0 $4,419,440 $9,133,509 $1,168

Fund Balance - Restricted for Encumbrances $0 $0 $9,244,525 $0 $9,244,525 $0 $0 $9,244,525 $0

Total Revenues, Balances and Transfers $6,957,953 $7,594,491 $10,782,375 $0 $18,376,866 $0 $4,419,440 $18,378,034 $1,168

EXPENDITURES / ENCUMBRANCES 14 Salaries and Benefits $376,205 $490,674 $0 $0 $490,674 $0 $71,297 $490,674 $0 Other Personal Services 997,437 2,555,469 2,340,137 37,500 4,933,106 2,543,511 10,422 4,933,106 0 Operating Expenses 150,665 292,825 11,906 0 304,731 3,835 93,244 304,731 0 Grants 1,811,371 3,188,181 5,570,424 (37,500) 8,721,105 5,811,007 29,912 8,721,105 0 Reserves for Water Supply & Resource Dev 0 0 1,075,336 0 1,075,336 1,075,336 0 1,075,336 0 Reserves for Contingencies 0 500,000 0 0 500,000 0 0 500,000 0

Total Expenditures / Encumbrances $3,335,678 $7,027,149 $8,997,803 $0 $16,024,952 $9,433,689 $204,875 $16,024,952 $0

Interfund Transfers - SWIM $93,773 $567,342 $1,784,572 $0 $2,351,914 $2,351,914 $0 $2,254,460 ($97,454) (3) Interfund Transfers - Partnership 645,120 0 0 0 0 0 0 0 0

Total Expenditures, Reserves & Transfers $4,074,571 $7,594,491 $10,782,375 $0 $18,376,866 $11,785,603 $204,875 $18,279,412 ($97,454) Projected Carryover for FY2009 $98,622 (1) Interest earnings could be impacted by declining interest rates along with any financial impact as a result of the SBA downgraded investments. (2) Other revenue due to interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District. (3) Project Withdrawn: SWIM, English Creek Surface Water Treatment Area Site 2 ($97,454). SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

HILLSBOROUGH RIVER BASIN

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Taxes $12,463,049 $12,542,076 $0 $0 $12,542,076 $0 $9,447,505 $12,542,076 $0 Balance From Prior Years 0 2,819,636 0 0 2,819,636 0 0 2,819,636 0 Local Funding / County / City 499,237 595,500 906,259 0 1,501,759 0 0 1,501,759 0

State Funding 948,893 1,291,812 3,880,618 0 5,172,430 0 0 5,172,430 0 Federal Funding 32,358 0 0 0 0 0 0 0 0

Interest on Investments 1,578,956 800,000 0 0 800,000 0 306,957 800,000 0 (1) Other 23,938 0 0 0 0 0 2,958 2,958 2,958 (2)

Total Revenues and Balances $15,546,431 $18,049,024 $4,786,877 $0 $22,835,901 $0 $9,757,420 $22,838,859 $2,958

Fund Balance - Restricted for Encumbrances $0 $0 $21,384,585 $0 $21,384,585 $0 $0 $21,384,585 $0

Total Revenues, Balances and Transfers $15,546,431 $18,049,024 $26,171,462 $0 $44,220,486 $0 $9,757,420 $44,223,444 $2,958

15 EXPENDITURES / ENCUMBRANCES

Salaries and Benefits $980,585 $1,065,785 $0 $0 $1,065,785 $0 $199,602 $1,065,785 $0 Other Personal Services 1,759,942 2,246,695 4,377,852 (1,500) 6,623,047 5,183,117 78,377 6,623,047 0 Operating Expenses 866,181 1,495,628 42,206 1,500 1,539,334 47,672 434,962 1,539,334 0 Operating Capital Outlay 802 70,000 15,016 0 85,016 0 15,016 85,016 0 Grants 1,778,002 8,694,938 15,557,018 0 24,251,956 16,165,144 27,205 24,251,956 0 Reserves for Water Supply & Resource Dev 0 0 4,434,490 0 4,434,490 4,434,490 0 4,434,490 0 Reserves for Stormwater Management 0 2,544,636 1,000,000 0 3,544,636 1,000,000 0 3,544,636 0 Reserves for Contingencies 0 1,000,000 0 0 1,000,000 0 0 1,000,000 0

Total Expenditures / Encumbrances $5,385,512 $17,117,682 $25,426,582 $0 $42,544,264 $26,830,423 $755,162 $42,544,264 $0

Interfund Transfers - SWIM $464,401 $931,342 $744,880 $0 $1,676,222 $1,676,222 $0 $1,676,222 $0 Interfund Transfers - Partnership 2,672,597 0 0 0 0 0 0 0 0

Total Expenditures, Reserves & Transfers $8,522,510 $18,049,024 $26,171,462 $0 $44,220,486 $28,506,645 $755,162 $44,220,486 $0 Projected Carryover for FY2009 $2,958 (1) Interest earnings could be impacted by declining interest rates along with any financial impact as a result of the SBA downgraded investments. (2) Other revenue due to interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

NORTHWEST HILLSBOROUGH BASIN

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Taxes $6,734,757 $6,635,464 $0 $0 $6,635,464 $0 $5,070,112 $6,635,464 $0 Balance From Prior Years 0 2,919,013 0 0 2,919,013 0 0 2,919,013 0 Local Funding / County / City 4,893 275,000 148,309 0 423,309 0 0 423,309 0

State Funding 116,630 11,845 2,098,447 0 2,110,292 0 0 2,110,292 0

Interest on Investments 1,380,258 1,000,000 0 0 1,000,000 0 292,813 1,000,000 0 (1) Other 12,157 0 0 0 0 0 1,345 1,345 1,345 (2)

Total Revenues and Balances $8,248,695 $10,841,322 $2,246,756 $0 $13,088,078 $0 $5,364,270 $13,089,423 $1,345

Fund Balance - Restricted for Encumbrances $0 $0 $22,605,564 $0 $22,605,564 $0 $0 $22,605,564 $0

Total Revenues, Balances and Transfers $8,248,695 $10,841,322 $24,852,320 $0 $35,693,642 $0 $5,364,270 $35,694,987 $1,345

EXPENDITURES / ENCUMBRANCES 16 Salaries and Benefits $307,652 $399,563 $0 $0 $399,563 $0 $56,032 $399,563 $0 Other Personal Services 227,697 232,380 570,272 0 802,652 532,651 104,873 802,652 0 Operating Expenses 200,303 293,170 4,099 0 297,269 1,580 96,577 297,269 0 Operating Capital Outlay 4,652 20,000 12,561 0 32,561 0 12,561 32,561 0 Grants 683,558 4,458,130 17,740,609 0 22,198,739 17,883,708 4,727 22,198,739 0 Reserves for Water Supply & Resource Dev 0 1,000,000 3,725,900 0 4,725,900 4,725,900 0 4,725,900 0 Reserves for Stormwater Management 0 3,378,757 2,364,238 0 5,742,995 2,364,238 0 5,742,995 0 Reserves for Contingencies 0 900,000 0 0 900,000 0 0 900,000 0

Total Expenditures / Encumbrances $1,423,862 $10,682,000 $24,417,679 $0 $35,099,679 $25,508,077 $274,770 $35,099,679 $0

Interfund Transfers - SWIM $40,834 $159,322 $434,641 $0 $593,963 $593,963 $0 $593,963 $0 Interfund Transfers - Partnership 768,000 0 0 0 0 0 0 0 0

Total Expenditures, Reserves & Transfers $2,232,696 $10,841,322 $24,852,320 $0 $35,693,642 $26,102,040 $274,770 $35,693,642 $0 Projected Carryover for FY2009 $1,345 (1) Interest earnings could be impacted by declining interest rates along with any financial impact as a result of the SBA downgraded investments. (2) Other revenue due to interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

COASTAL RIVERS BASIN

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Taxes $5,024,249 $5,044,346 $0 $0 $5,044,346 $0 $3,603,039 $5,044,346 $0 Balance From Prior Years 0 1,013,521 0 0 1,013,521 0 0 1,013,521 0 Local Funding / County / City 434,198 1,126,900 1,028,892 0 2,155,792 0 0 2,155,792 0

State Funding 720,050 2,066,744 2,057,825 0 4,124,569 0 0 4,124,569 0 Federal Funding 23,800 0 0 0 0 0 0 0 0

Interest on Investments 670,143 500,000 0 0 500,000 0 124,946 500,000 0 (1) Other 260,709 258,750 0 0 258,750 0 87,144 259,584 834 (2)

Total Revenues and Balances $7,133,149 $10,010,261 $3,086,717 $0 $13,096,978 $0 $3,815,129 $13,097,812 $834

Fund Balance - Restricted for Encumbrances $0 $0 $8,090,503 $0 $8,090,503 $0 $0 $8,090,503 $0

Total Revenues, Balances and Transfers $7,133,149 $10,010,261 $11,177,220 $0 $21,187,481 $0 $3,815,129 $21,188,315 $834

17 EXPENDITURES / ENCUMBRANCES

Salaries and Benefits $569,196 $726,676 $0 $0 $726,676 $0 $128,130 $726,676 $0 Other Personal Services 1,769,263 4,364,798 3,934,403 0 8,299,201 4,570,953 272,163 8,299,201 0 Operating Expenses 208,900 505,824 20,421 0 526,245 4,367 142,155 526,245 0 Operating Capital Outlay 0 18,625 0 0 18,625 16,625 0 18,625 0 Fixed Capital Outlay 0 0 448,400 0 448,400 448,400 0 448,400 0 Grants 2,616,186 3,891,004 6,101,543 0 9,992,547 7,544,627 17,205 9,932,547 (60,000) (3) Reserves for Water Supply & Resource Dev 0 10,409 631,459 0 641,868 641,868 0 641,868 0 Reserves for Contingencies 0 400,000 0 0 400,000 0 0 400,000 0

Total Expenditures / Encumbrances $5,163,545 $9,917,336 $11,136,226 $0 $21,053,562 $13,226,840 $559,653 $20,993,562 ($60,000)

Interfund Transfers - SWIM $48,983 $92,925 $40,994 $0 $133,919 $133,919 $0 $133,919 $0 Interfund Transfers - Partnership 614,400 0 0 0 0 0 0 0 0

Total Expenditures, Reserves & Transfers $5,826,928 $10,010,261 $11,177,220 $0 $21,187,481 $13,360,759 $559,653 $21,127,481 ($60,000) Projected Carryover for FY2009 $60,834 (1) Interest earnings could be impacted by declining interest rates along with any financial impact as a result of the SBA downgraded investments. (2) Other revenue due to interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District. (3) Reduced Scope of Project: Pasco County ULV Toilet Rebate Program ($60,000). SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

PINELLAS-ANCLOTE RIVER BASIN

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Taxes $31,319,837 $30,759,058 $0 $0 $30,759,058 $0 $16,002,661 $30,759,058 $0 Balance From Prior Years 0 8,468,317 0 0 8,468,317 0 0 8,468,317 0 Local Funding / County / City 286,299 52,075 1,119,812 0 1,171,887 0 0 1,171,887 0

State Funding 954,083 5,503,593 5,526,814 0 11,030,407 0 0 11,030,407 0

Interest on Investments 5,484,229 4,500,000 0 0 4,500,000 0 1,072,519 4,500,000 0 (1) Other 103,939 0 0 0 0 0 1,013 1,013 1,013 (2)

Total Revenues and Balances $38,148,387 $49,283,043 $6,646,626 $0 $55,929,669 $0 $17,076,193 $55,930,682 $1,013

Fund Balance - Restricted for Encumbrances $0 $0 $81,114,761 $0 $81,114,761 $0 $0 $81,114,761 $0

Total Revenues, Balances and Transfers $38,148,387 $49,283,043 $87,761,387 $0 $137,044,430 $0 $17,076,193 $137,045,443 $1,013

EXPENDITURES / ENCUMBRANCES 18 Salaries and Benefits $653,268 $744,821 $0 $0 $744,821 $0 $95,866 $744,821 $0 Other Personal Services 1,531,291 5,086,232 25,568,471 0 30,654,703 25,734,599 10,325 30,654,703 0 Operating Expenses 853,419 1,251,227 574,741 0 1,825,968 545,759 523,877 1,825,968 0 Operating Capital Outlay 9,994 0 4,300 0 4,300 4,300 0 4,300 0 Grants 13,978,909 37,910,752 51,547,877 0 89,458,629 60,493,730 213,795 89,346,068 (112,561) (3) Reserves for Water Supply & Resource Dev 0 1,761,126 6,334,829 0 8,095,955 8,095,955 0 8,095,955 0 Reserves for Contingencies 0 1,600,000 0 0 1,600,000 0 0 1,600,000 0

Total Expenditures / Encumbrances $17,026,881 $48,354,158 $84,030,218 $0 $132,384,376 $94,874,343 $843,863 $132,271,815 ($112,561)

Interfund Transfers - SWIM $166,586 $928,885 $3,731,169 $0 $4,660,054 $4,660,054 $0 $4,660,054 $0 Interfund Transfers - Partnership 3,456,000 0 0 0 0 0 0 0 0

Total Expenditures, Reserves & Transfers $20,649,467 $49,283,043 $87,761,387 $0 $137,044,430 $99,534,397 $843,863 $136,931,869 ($112,561) Projected Carryover for FY2009 $113,574 (1) Interest earnings could be impacted by declining interest rates along with any financial impact as a result of the SBA downgraded investments. (2) Other revenue due to interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District. (3) Reduced Scope of Project: Pasco County ULV Toilet Rebate Program ($60,000); and Project Completed: Indian Shores - Implementation of BMPs, Phase III ($52,561). SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

WITHLACOOCHEE RIVER BASIN

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Taxes $5,148,275 $5,402,761 $0 $0 $5,402,761 $0 $3,291,030 $5,402,761 $0 Balance From Prior Years 0 1,608,383 0 0 1,608,383 0 0 1,608,383 0 Local Funding / County / City 751,404 1,715,150 1,104,444 0 2,819,594 0 0 2,819,594 0

State Funding 4,498,617 2,500,378 4,179,802 0 6,680,180 0 336,249 6,680,180 0 Federal Funding 72,500 357,500 0 0 357,500 0 0 357,500 0

Interest on Investments 410,314 300,000 0 0 300,000 0 92,579 300,000 0 (1) Other 18,017 0 0 0 0 0 1,683 1,683 1,683 (2)

Total Revenues and Balances $10,899,127 $11,884,172 $5,284,246 $0 $17,168,418 $0 $3,721,541 $17,170,101 $1,683

Fund Balance - Restricted for Encumbrances $0 $0 $6,343,872 $0 $6,343,872 $0 $0 $6,343,872 $0

Total Revenues, Balances and Transfers $10,899,127 $11,884,172 $11,628,118 $0 $23,512,290 $0 $3,721,541 $23,513,973 $1,683

19 EXPENDITURES / ENCUMBRANCES

Salaries and Benefits $1,182,379 $1,277,434 $0 $0 $1,277,434 $0 $237,685 $1,277,434 $0 Other Personal Services 6,119,374 5,912,118 7,777,919 (348,368) 13,341,669 8,770,499 510,367 13,341,669 0 Operating Expenses 635,814 1,063,825 21,712 48,368 1,133,905 34,950 118,977 1,133,905 0 Operating Capital Outlay 0 94,125 0 0 94,125 16,625 0 94,125 0 Grants 345,785 1,706,810 2,358,213 300,000 4,365,023 2,987,281 6,775 4,365,023 0 Reserves for Watershed Management 0 1,416,362 300,636 0 1,716,998 300,636 0 1,716,998 0 Reserves for Contingencies 0 200,000 0 0 200,000 0 0 200,000 0

Total Expenditures / Encumbrances $8,283,352 $11,670,674 $10,458,480 $0 $22,129,154 $12,109,991 $873,804 $22,129,154 $0

Interfund Transfers - SWIM $207,357 $213,498 $1,169,638 $0 $1,383,136 $1,383,136 $0 $1,383,136 $0 Interfund Transfers - Partnership 65,829 0 0 0 0 0 0 0 0

Total Expenditures, Reserves & Transfers $8,556,538 $11,884,172 $11,628,118 $0 $23,512,290 $13,493,127 $873,804 $23,512,290 $0 Projected Carryover for FY2009 $1,683 (1) Interest earnings could be impacted by declining interest rates along with any financial impact as a result of the SBA downgraded investments. (2) Other revenue due to interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

PEACE RIVER BASIN

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Taxes $9,265,908 $9,276,980 $0 $0 $9,276,980 $0 $6,227,070 $9,276,980 $0 Balance From Prior Years 0 3,854,124 0 0 3,854,124 0 0 3,854,124 0 Local Funding / County / City 423,891 354,900 1,080,981 0 1,435,881 0 0 1,435,881 0

State Funding 2,089,038 3,060,520 19,627,798 0 22,688,318 0 8,478 22,688,318 0 Federal Funding 0 0 166,734 0 166,734 0 0 166,734 0

Interest on Investments 1,338,202 1,300,000 0 0 1,300,000 0 271,336 1,300,000 0 (1) Other 24,416 0 0 0 0 0 558 558 558 (2)

Total Revenues and Balances $13,141,455 $17,846,524 $20,875,513 $0 $38,722,037 $0 $6,507,442 $38,722,595 $558

Fund Balance - Restricted for Encumbrances $0 $0 $17,563,181 $0 $17,563,181 $0 $0 $17,563,181 $0

Total Revenues, Balances and Transfers $13,141,455 $17,846,524 $38,438,694 $0 $56,285,218 $0 $6,507,442 $56,285,776 $558

20 EXPENDITURES / ENCUMBRANCES

Salaries and Benefits $1,108,828 $1,276,437 $0 $79,807 $1,356,244 $0 $191,504 $1,356,244 $0 Other Personal Services 2,917,846 5,010,310 20,574,065 (203,269) 25,381,106 20,975,539 162,403 25,381,106 0 Operating Expenses 502,257 901,726 68,640 123,462 1,093,828 73,206 240,631 1,093,828 0 Operating Capital Outlay 0 28,000 0 0 28,000 0 0 28,000 0 Grants 6,203,960 8,947,876 15,592,478 0 24,540,354 18,316,804 118,837 24,540,354 0 Reserves for Water Supply & Resource Dev 0 499,109 1,494,583 0 1,993,692 1,993,692 0 1,993,692 0 Reserves for Contingencies 0 500,000 0 0 500,000 0 0 500,000 0

Total Expenditures / Encumbrances $10,732,891 $17,163,458 $37,729,766 $0 $54,893,224 $41,359,241 $713,375 $54,893,224 $0

Interfund Transfers - SWIM $264,569 $683,066 $708,928 $0 $1,391,994 $1,391,994 $0 $1,391,994 $0

Total Expenditures, Reserves & Transfers $10,997,460 $17,846,524 $38,438,694 $0 $56,285,218 $42,751,235 $713,375 $56,285,218 $0 Projected Carryover for FY2009 $558 (1) Interest earnings could be impacted by declining interest rates along with any financial impact as a result of the SBA downgraded investments. (2) Other revenue due to interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

MANASOTA BASIN

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Taxes $13,849,424 $13,849,455 $0 $0 $13,849,455 $0 $9,572,631 $13,849,455 $0 Balance From Prior Years 0 4,650,073 0 0 4,650,073 0 0 4,650,073 0 Local Funding / County / City 329,267 680,000 1,568,112 0 2,248,112 0 0 2,248,112 0

State Funding 1,277,331 4,317,981 9,846,729 0 14,164,710 0 0 14,164,710 0

Interest on Investments 2,373,333 1,800,000 0 0 1,800,000 0 520,199 1,800,000 0 (1) Other 34,736 0 0 0 0 0 2,596 2,596 2,596 (2)

Total Revenues and Balances $17,864,091 $25,297,509 $11,414,841 $0 $36,712,350 $0 $10,095,426 $36,714,946 $2,596

Fund Balance - Restricted for Encumbrances $0 $0 $36,747,425 $0 $36,747,425 $0 $0 $36,747,425 $0

Total Revenues, Balances and Transfers $17,864,091 $25,297,509 $48,162,266 $0 $73,459,775 $0 $10,095,426 $73,462,371 $2,596

EXPENDITURES / ENCUMBRANCES 21 Salaries and Benefits $919,056 $994,953 $0 $0 $994,953 $0 $175,962 $994,953 $0 Other Personal Services 1,895,848 4,037,452 5,884,820 0 9,922,272 6,279,924 164,927 9,922,272 0 Operating Expenses 352,707 768,423 164,660 0 933,083 165,892 240,396 933,083 0 Grants 5,713,811 17,445,226 32,643,848 0 50,089,074 34,409,005 33,515 50,009,497 (79,577) (3) Reserves for Water Supply & Resource Dev 0 0 6,585,721 0 6,585,721 6,585,721 0 6,585,721 0 Reserves for Contingencies 0 650,000 0 0 650,000 0 0 650,000 0

Total Expenditures / Encumbrances $8,881,422 $23,896,054 $45,279,049 $0 $69,175,103 $47,440,542 $614,800 $69,095,526 ($79,577)

Interfund Transfers - SWIM $848,895 $1,401,455 $2,883,217 $0 $4,284,672 $4,284,672 $0 $4,284,672 $0

Total Expenditures, Reserves & Transfers $9,730,317 $25,297,509 $48,162,266 $0 $73,459,775 $51,725,214 $614,800 $73,380,198 ($79,577) Projected Carryover for FY2009 $82,173 (1) Interest earnings could be impacted by declining interest rates along with any financial impact as a result of the SBA downgraded investments. (2) Other revenue due to $902 in excess fees returned to District by Property Appraisers and Tax Collectors; and $1,694 in interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on ta collections before amounts were distributed to District. (3) Project Completed: City of Sarasota - Payne Park Reuse ($79,577). SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

SURFACE WATER IMPROVEMENT AND MANAGEMENT (SWIM) PROGRAM

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Balance From Prior Years $0 $0 $58,874 $0 $58,874 $0 $0 $58,874 $0 Local Funding / County / City 2,227 0 87,754 0 87,754 0 (10) 87,754 0

State Funding 3,314,856 7,820,281 21,050,606 0 28,870,887 0 (26) 28,724,706 (146,181) (1) Federal Funding 1,757,806 19,400 1,231,015 0 1,250,415 0 0 1,250,415 0

Total Revenues and Balances $5,074,889 $7,839,681 $22,428,249 $0 $30,267,930 $0 ($36) $30,121,749 ($146,181)

Interfund Transfers - SWIM $2,135,398 $4,977,835 $11,498,039 $0 $16,475,874 $0 $0 $16,378,420 ($97,454) (1)

Total Revenues, Balances and Transfers $7,210,287 $12,817,516 $33,926,288 $0 $46,743,804 $0 ($36) $46,500,169 ($243,635)

EXPENDITURES / ENCUMBRANCES

Salaries and Benefits $654,222 $773,322 $0 $0 $773,322 $0 $111,450 $773,322 $0 Other Personal Services 4,321,681 3,206,050 27,482,665 (1,530,000) 29,158,715 25,516,874 272,088 29,158,715 0

22 Operating Expenses 129,291 220,375 0 0 220,375 0 35,444 220,375 0 Grants 2,187,373 8,617,769 6,443,623 1,530,000 16,591,392 8,154,786 22,927 16,347,757 (243,635) (1)

Total Expenditures, Reserves & Transfers $7,292,567 $12,817,516 $33,926,288 $0 $46,743,804 $33,671,660 $441,909 $46,500,169 ($243,635)

Projected Carryover for FY2009 $0

(1) Project Withdrawn: English Creek Surface Water Treatment Area Site 2 ($243,635). This project would have been funded 60% state Water Management Lands Trust Fund and 40% Alafia River Basin: anticipated funding amounts are reflected accordingly. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

FDOT MITIGATION PROGRAM

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

State Funding $6,202,266 $2,039,772 $5,845,972 $0 $7,885,744 $0 $0 $7,885,744 $0 Federal Funding 60,747 0 0 0 0 0 0 0 0

Interest on Investments 111,403 0 0 0 0 0 0 0 0

Total Revenues and Balances $6,374,416 $2,039,772 $5,845,972 $0 $7,885,744 $0 $0 $7,885,744 $0

Total Revenues, Balances and Transfers $6,374,416 $2,039,772 $5,845,972 $0 $7,885,744 $0 $0 $7,885,744 $0

EXPENDITURES / ENCUMBRANCES

Salaries and Benefits $114,102 $170,386 $2,483 $26,975 $199,844 $2,483 $24,257 $199,844 $0 Other Personal Services 826,573 1,849,000 5,711,805 (99,019) 7,461,786 5,470,944 16,246 7,461,786 0 Operating Expenses 43,733 20,386 131,684 72,044 224,114 103,187 30,683 224,114 0 Fixed Capital Outlay 5,278,605 0 0 0 0 0 0 0 0

23 Total Expenditures, Reserves & Transfers $6,263,013 $2,039,772 $5,845,972 $0 $7,885,744 $5,576,614 $71,186 $7,885,744 $0 Projected Carryover for FY2009* $0 * The FDOT Mitigation Program is fully funded by the Florida Department of Transportation. Therefore, there is no projected carryover for FY2009. It is anticipated that any budgeted funds remaining at the end of FY2008 will be encumbered and reappropriated for FY2009. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

PARTNERSHIP TRUST FUND

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Interest on Investments - District * ($39,624) $0 $0 $0 $0 $0 $0 $0 $0

Total Revenues and Balances ($39,624) $0 $0 $0 $0 $0 $0 $0 $0

Fund Balance - Restricted for Encumbrances $0 $0 $85,000,000 $0 $85,000,000 $0 $0 $85,000,000 $0 Interfund Transfers - Partnership 15,140,534 0000 0000

Total Revenues, Balances and Transfers $15,100,910 $0 $85,000,000 $0 $85,000,000 $0 $0 $85,000,000 $0

EXPENDITURES / ENCUMBRANCES

Grants $15,140,534 $0 $85,000,000 $0 $85,000,000 $85,000,000 $0 $85,000,000 $0

Total Expenditures, Reserves & Transfers $15,140,534 $0 $85,000,000 $0 $85,000,000 $85,000,000 $0 $85,000,000 $0 Projected Carryover for FY2009 $0 * Effective January 24, 2006, the date the Governing Board approved the second amendment to the Seawater Desalination Funding Agreement, interest earnings on the $85 million (funding set aside for the Desal Plant) 24 began accruing to the benefit of Tampa Bay Water. The earnings will remain in the District's Partnership Trust Fund until Tampa Bay Water has operated the Desal Plant for 12 consecutive months following November 1, 2007, at an average rate of 20 mgd of water for distribution to customers of Tampa Bay Water; provided that Tampa Bay Water shall have commenced such operation as soon as practicable following November 1, 2007. Therefore, the interest earnings will continue to accrue to the benefit of Tampa Bay Water until November 1, 2008 or thereafter. In the event Tampa Bay Water fails to achieve the 12 consecutive months of operation at 20 mgd by December 31, 2010, the interest shall revert back to the District. Interest earnings of $8.4 million have accrued to the benefit of Tampa Bay Water from January 24, 2006 through December 31, 2007. All interest earnings accruing to the benefit of Tampa Bay Water will be properly recorded on the District's financial statements as an obligation until payment is made under the contract.

Partnership Trust assets are currently invested as follows: Federal Home Loan Banks Purchase Price: $50.44 million Face value: $51.56 million Purchased: 10/24/07 Maturing: 04/23/08 Yield: 4.46 percent Federal National Mortgage Association Purchase Price: $20.97 million Face value: $21.26 million Purchased: 10/24/07 Maturing: 02/13/08 Yield: 4.42 percent First America U.S. Treasury Money Market Cash & Equivalents: $21.38 million Purchased: 11/03/06 Maturing: 02/17/08 Yield: 2.95 percent SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

FLORIDA FOREVER / SAVE OUR RIVERS

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

State Funding $2,586,428 $32,875,500 $2,827,523 $0 $35,703,023 $0 $1,222,313 $35,703,023 $0

Total Revenues and Balances $2,586,428 $32,875,500 $2,827,523 $0 $35,703,023 $0 $1,222,313 $35,703,023 $0

Fund Balance - Restricted for Encumbrances $0 $0 $0 $0 $0 $0 $0 $0 $0

Total Revenues, Balances and Transfers $2,586,428 $32,875,500 $2,827,523 $0 $35,703,023 $0 $1,222,313 $35,703,023 $0

EXPENDITURES / ENCUMBRANCES

Other Personal Services $668,823 $3,000,000 $399,571 $0 $3,399,571 $493,141 $141,069 $3,399,571 $0 Operating Expenses 310,328 375,500 0 0 375,500 0 0 375,500 0 Fixed Capital Outlay 1,607,277 29,500,000 2,427,952 0 31,927,952 2,569,468 1,475,852 31,927,952 0

Total Expenditures, Reserves & Transfers $2,586,428 $32,875,500 $2,827,523 $0 $35,703,023 $3,062,609 $1,616,921 $35,703,023 $0 Projected Carryover for FY2009* $0 25 *Florida Forever / Save Our Rivers expenditures are fully funded by the Florida Forever Trust Fund and Water Management Lands Trust Fund. Therefore, there is no projected carryover for FY2009. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT THREE MONTHS ENDED DECEMBER 31, 2007

FACILITIES FUND

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2008 REVENUES FY2007 FY2008 ENCUM- AMENDMENTS/ FY2008 ENCUMBERED AT ACTUALS FY2008 ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Taxes $2,400,000 $1,400,000 $0 $0 $1,400,000 $0 $1,400,000 $1,400,000 $0 Balance From Prior Years 0 200,000 0 0 200,000 0 0 200,000 0

Total Revenues and Balances $2,400,000 $1,600,000 $0 $0 $1,600,000 $0 $1,400,000 $1,600,000 $0

Fund Balance - Restricted for Encumbrances $0 $0 $1,790,382 $0 $1,790,382 $0 $0 $1,790,382 $0

Total Revenues, Balances and Transfers $2,400,000 $1,600,000 $1,790,382 $0 $3,390,382 $0 $1,400,000 $3,390,382 $0

EXPENDITURES / ENCUMBRANCES

Other Personal Services $2,916,772 $1,140,715 $1,429,461 $0 $2,570,176 $736,061 $398,826 $2,570,176 $0 Operating Expenses 42,359 0 351,174 0 351,174 31,159 345,429 351,174 0 Operating Capital Outlay 52,817 0 9,747 0 9,747 0 9,897 9,747 0 Reserves 0 459,285 0 0 459,285 0 0 459,285 0

26 Total Expenditures, Reserves & Transfers $3,011,948 $1,600,000 $1,790,382 $0 $3,390,382 $767,220 $754,152 $3,390,382 $0 Projected Carryover for FY2009 $0 Item 69

Finance and Administration Committee January 29, 2008

Routine Report

Management Services Status Report

Tampa Service Office – Building 2 Renovation Project Building 2 is a one story building that includes office space, a data center, and a mechanical mezzanine. The building was constructed in 1988 and houses staff from the Information Resources Department. For the past several years, this building experienced mold problems due mainly to roof leaks. In 2005, a new roof was installed which fixed the leaks. In order to determine what needed to be done to remediate the mold problem, an Industrial Hygienist was brought in to assess the situation. Their recommendation was to remove all the drywall ceilings and any walls with visible mold or water stains. Along with this work, the HVAC system will be replaced and the electrical systems will be updated. In order to find a qualified contractor to perform this work, a set of plans and specs were developed by Woodroofe Corporation Architects and staff. A bid was then sent out which resulted in a contract with Rauh-Co to remediate the mold and renovate the building. New Activities Since Last Meeting: As of the end of December, the installation of the office and modular furniture has been completed and staff has been relocated into the building. The contractor is finishing up the last couple of punch list items.

Land Map Imaging Currently there are approximately 5,000 large scale land maps and 4,900 additional aerial photos and smaller maps that are the only available record copy. For business continuity it is important to image these records to prevent the loss of information due to an unforeseen disaster at the District. These maps will also be migrated into the WMIS system at a later time. The project is currently within budget and is projected to be completed by March of FY2008. New Activities since Last Meeting: Work continues on Hillsborough River Basin located in Hillsborough, Polk and Pasco Counties, total completed is 2,419. Customer satisfaction is high with the quality of the maps being digitized.

Library – Reports & Publications Online District staff and engineers have a need to access and reference District and United States Geological Survey Reports and Publications. To physically store these reports would require more than127 cubic feet of self space, plus additional library space for engineers to review. Through the use of the Library software In Magic, these reports and publications are being imaged and made available online to internal staff and engineers. Reports and Publications physical volume is approximately 10.6 Gigabytes, which translates to 212,000 pages of records. Volume is equal to 84.8 shelf bins in the Technical Library. New Activities since Last Meeting: Project is 54% completed for USGS Reports and Publications.

Resource Management Soil Survey Imaging Resource Management is currently charged by their ECT Watershed consultants, $350 per permit to collect and scan soil survey information. Resource Management was able to repurpose 1298 ERP Plans that were imaged through the ERP Plans project to support the Watershed data collection project. Resource Management contacted the Document Services Section for support of the imaging of the remaining permits. Through the efforts of Document Services and Resource Management a total of 1735 permits covering Pasco, Hernando and Sarasota have been imaged at a cost of approximately $40,000 to date. Having the consulting firm perform this task would have resulting in a charge of approximately $607,250, resulting in a cost avoidance of $567,250. Since the money was never separately budgeted, it cannot be identified as a direct reduction of costs. New Activities since Last Meeting: Completion date for the three counties will be Jan 18, 2008. Resource Management is also considering

27 Item 69 additional counties. Document Services is coordinating between Resource Management and Vendor.

Learning Management System Training and staff development represent a critical investment in the District's human capital. A Learning Management System (LMS) is a major component of the comprehensive Human Resources Information System (HRIS) which will be implemented beginning this year. The LMS component of our HRIS is scheduled for implementation in October 2009. To provide much of the needed functionality between now and October 2009, the District has undertaken some significant interim initiatives. First, the District currently has deployed an internally developed database, Training Central, which centralizes the administration of all internal, District- sponsored training. This database automates and standardizes many of the routine training functions: course and class creation, catalog publication, registration, notification, confirmation, managing prerequisites, budget and cost information and student training history. In addition we plan to add functionality to improve the manager's and supervisor's view of employee history, to capture and report on external training, and on licensure and certification requirements where applicable, and to store employee education (college degree) information. In addition, we will add more information, available to all employees regarding college and university offerings of all types. Current Status: Functionality has been added to Training Central to allow supervisors to view their employees' internal (District sponsored) training history. A new Training Central feature rolled out on September 4, 2007. 'My Education' allows an employee to add their academic degrees, professional certifications, licensures, and certificate programs to the Training Central database. Managers and supervisors have the ability to view education history for their employees. A new Training web page has been developed by IRD and HRD staff to provide employees with current information on the District's training initiatives. It gives staff the ability to link to all departments that offer training. External links are also included to educational and other relevant sites. The web page was released to all employees in December 2007 and will be updated and enhanced on a regular basis. The external training and development function of Training Central is scheduled for release to employees in late January 2008. The work group is finalizing the testing and preparing instructions and employee communications. This function allows employees to enter all training and development events they attend, along with any applicable educational units (e.g. CEU's) that apply to their certification requirements. With this added feature, Training Central gives managers and supervisors the ability to view a complete history of employees' training and education with one tool.

Employee Turnover Employee turnover is widely viewed as a key indicator of an employer's ability to attract and retain the critical talent required to move the enterprise forward. As a public sector employer, the District has historically enjoyed turnover relatively low compared to the private sector and, generally, to other public sector organizations in its geographic area. This District began to experience an upturn in turnover in 2005 that continued in 2006. Specifically, total turnover increased from 7.62% in FY2004 to 9.35% in FY2005 and to 11.33% in FY2006. Early in 2006, with the full support of the Governing Board, the District undertook a major study of its compensation and benefit practices. This effort resulted in the adoption of significant improvements to our direct compensation program, several changes to our benefit plans and the adoption of a District matching contribution arrangement for participants in the deferred compensation plan. In FY2007, the District experienced a decrease of overall employee turnover to 6.33% versus the record high of 11.33% the prior fiscal year. Current Status: For the first quarter of the FY2008, employee turnover (regular, board-authorized positions) was 2.1%. For the same time period in FY2007, employee turnover was 1.6%. If current trends continue, annual turnover for FY2008 would be 8.4%. The number of vacant positions as of January 1, 2008 was 26, five more than in December 2007. Overall, vacancies are considerably lower than in FY2006 which experienced a record high of 58 in February 2006 and an average of 43 vacancies per month. Human Resources staff will continue to track and report to management on turnover trends to ensure that we are prepared to respond to any unusual upward trends that may occur in the future.

28 Item 69

Risk Management and Safety The District is committed to providing a safe and healthy environment for employees. This activity includes both internal and extracurricular wellness and safety programs which can benefit both employees and their dependents. Funds to support this initiative are budgeted annually by the Human Resources/Risk Management Department. Wellness and safety programs have been shown to increase workplace productivity, reduce incidents of accident and illness, and improve the overall mental, physical and emotional health and well being of employees and their families and reduce health care and lost time costs to the District. Current Status: Risk Management continues to offer health and wellness information to employees with a monthly on-line e-zine entitled TopHealth at a cost of $2,646 ($.28 per month/per employee). Risk Management receives positive feed back from employees on this publication. Additionally, several employees have commented to Risk Management that as a result of exercising and changing their eating habits, they have lost weight and are no longer on medication for conditions such as diabetes, high cholesterol and high blood pressure. This month Risk Management will be distributing a Lifestyle Management Guide on the topic of "Managing Weight" to all Board Authorized employees. The focus of this guide, purchased at a reduced cost through the District's participation in WELCOA (Wellness Council of America), is appropriate diet and exercise to reduce or prevent disease process. The Risk Management website is updated on a regular basis to provide employees with the most current information about Wellness and Safety at the District.

Water Management Information System (WMIS) The vision for the Water Management Information System (WMIS), as defined in the 2005 Vision Statement, is that it will support the District's activities related to Water Use Permitting, Environmental Resource Permitting, and Well Construction Permitting. In addition, the system will have the ability to store and retrieve Scientific and Regulatory data, as well as the ability to capture and track compliance activities. Specifically, it will:

• Facilitate and allow for comprehensive demonstration of the District’s accomplishment of its mission and accountability for its performance in meeting its areas of responsibility. • Provide for the entry, maintenance, analysis, and presentation of the District’s scientific and regulatory data. • Be easy to use, robust, nimble, and enable appropriate decision-making through the consistent application of the District’s scientific, regulatory, and business processes. • Be a component of the District’s Strategic Information Systems architecture.

This project is scheduled for completion in FY 2010 with planned interim releases designed to continuously improve well-defined District regulatory and scientific functions. . Current Status: The WUP Small General permit renewal and scientific data search, Portfolio / Site Maintenance components were released in October 2007. Training has been conducted for both WUP processing and the scientific data analysis application. A new, related project designed to move the AGMOD program to a more current technology base was started in December 2007. Next Major Milestone: The next major functional software release will include basic permitting compliance, external scientific data search and several system enhancements requested by the user community. These are scheduled for release during March 2008.

Enterprise Content Management (ECM) The District's critical information is currently located in multiple repositories including desktop computers, network file systems, CD-ROMS, USB drives and multiple electronic systems. The Information Resources Department (IRD) and Records Management share in this task of managing the District's critical information in this environment. Daily volumes of general correspondence, email, spreadsheets, digital images, video, audio, and web content, make it necessary to manage the totality of content at the District. Enterprise Content Management (ECM) provides for the centralized management of all content and allows quick access to the information in a structured manner. It is critical to the District's business continuity that this information is safe, secured and easily retrievable on demand. The ECM strategic project is a collaborative effort between IRD and Records Management. Records Management is working on procedural changes and documenting those procedures to support the ECM effort. IRD is

29 Item 69 working on the technical architecture and system interfaces required for implementation and operation. Due to requirements listed in FAC 1B-26.003, storage for the electronic records is also a major concern that will be addressed with an ECM infrastructure. The District has already implemented some components of content management such as imaging and workflow processing in the Water Management Information System (WMIS). South Florida and St. Johns Water Management Districts are in like stages of their ECM implementations. Current Status: In FY2007, funds were approved for consulting services to conduct requirements, return on investment and risk analyses on expanding the limited, existing content management efforts to other areas of the District. These include areas such as Communications, Finance, Human Resources, Land Resources, Office of the General Counsel, and Records Management. As identified in the April Governing Board approved IRD Five Year Technology Plan Fiscal Years 2008 – 2102, a multi-year Enterprise Content Management implementation plan is proposed. Funding for this project is projected over a five-year period. FY2008 is the initial year of implementation. The RFP for the analysis portion of the project was issued in December 2006 and awarded to HCL, America Inc. (HCL) in May 2007. HCL staff was on-site June 4, 2007, with the project kick-off meeting held on June 5, 2007 with all the project stakeholders. All deliverables, including the meeting minutes, strategy, scope, As-Is, To-Be, Business Case and Executive Summary have been completed, delivered and accepted by the sponsors. An Executive-level business case is being developed by the Information Resources Department. Vendor demonstrations were completed to help the Architecture Review Board (ARB) evaluate the options and provide recommendations for the Request for Proposal (RFP). The outcome of the vendor demonstrations have been discussed with the ARB and the resulting recommendations are being compiled into the RFP requirements. The RFP structure and final requirements are being reviewed by the ARB. Next Major Milestones: Upon completion of the ARB review and Senior Management evaluation, a RFP will be issued to implement an ECM solution via the most qualified vendor. The release of the RFP is anticipated during the January/February 2008 timeframe.

Land Resources Information System (LaRIS) In 1981, the Save Our Rivers program was established by the Florida Legislature for the acquisition of lands necessary for water management, water supply, protection and conservation of water resources. This program was broadened in 1990 with the Preservation 2000 Act and revised in 1999 with the Florida Forever Act. Utilizing these programs, the Southwest Florida Water Management District (District) has acquired fee simple interest in over 330,000 acres and less than fee interest in over 67,000 acres for various water management requirements. The lands that are acquired by the District require management and maintenance to provide public access, recreational use and protection of the natural systems. Managing these resources requires that District staff have access to comprehensive information for each of the District's properties The Land Resources Information System (LaRIS) was envisioned to meet land acquisition and management requirements and significantly improve the business processes. The 2005 LaRIS vision statement states that the system will: • Provide a common, centralized storage location for detailed Land Resources data. • Have user-friendly applications for the input and maintenance of Land Resources data. • Validate information is in proper format. • Generate required documentation output such as detailed reports and map documents. • Allow District staff to easily and efficiently access and utilize the necessary information pertaining to District-owned lands to perform the duties of their jobs. Funding for this project is reimbursable through the Water Management Lands Trust Fund. Current Status: The third iteration of Land Management (Burn Planning, Burn Prescriptions, Burn Evaluations and Burn Coordination) user acceptance testing is complete. Based on this testing, changes were addressed and are now ready to release to production. The first few Land Acquisition components (Parcel Information, Eminent Domain & Surplus Lands) were also completed and moved to the acceptance area for testing by staff. The NameSearch component, which allows the sharing of a common data source with WMIS, PIMS and other applications, is now in user acceptance testing. The latest release also included the first components of Stellent document management integration. This was originally scheduled for later in the project, but was rescheduled to achieve better WMIS integration. We also made future development, maintenance and code reuse easier by ensuring all coding is done in well-

30 Item 69 defined modules. Next Major Milestones: The Land Management Burn Components are scheduled to move to Production in late January; the first set of Land Acquisition Components is scheduled to move to User Acceptance in late January; and the Land Use Components are scheduled to begin user acceptance testing in early 2008. The Land Use Components will include Land Use Agreements, Land acquisition Status reports and Land Owner Documentation. The next set of Land Acquisition components will include Conservation Easements and Land Owner information. These will be ready for user acceptance testing in early February.

Project Information Management System (PIMS) The Project Information Management System (PIMS) project was started in FY 2006 as a replacement for a limited function project management system written in Domino/Lotus Notes. The earlier project management solution was a critical resource used by the Governing Board and Basin Boards to evaluate the progress of existing projects. This evaluation is used by the board to determine the direction of funding for projects on an annual basis. The previous system had no automated integration with the financial system, and required an extensive manual effort to achieve this integration. The previous application also failed to provide appropriate security and auditing to verify the source of the information. The proposed PIMS solution provides an easier to use process for project definition, automates the integration with the financial systems and provides integration with other district applications including the Water Management Information System (WMIS), the Surface Water Improvement Management (SWIM) program and document management. It is designed to reduce the administrative effort to maintain the information, improve the accuracy of the information and provide more flexibility in how the information is reported. Current Status: PIMS is in Phase 2. Enhanced usability features for PIMS and the Web applications for the Cooperative Funding Initiative (CFI) with Electronic Document Management were released on October 1, 2007. The CFI internal administration tool and the New Fiscal year 09 Basin Board Booklet were released in November. 2007. Enhancements to the CFI administration application were released in December 2007. We are in the process of a contractor personnel change beginning with Phase 3, January 2008. Next Major Milestones: The next release in Phase 2 will include incorporating the CFI applications into PIMS and transferring on-going support for the Basin Board booklet to District staff. This release is scheduled for deployment in February 2008. Phase 3 will start in January 2008 and include CFI on-line evaluation forms, integration with WMIS and enhanced reporting.

Human Resources Information System (HRIS) As identified in the Information Resources Department Five-Year Technology Plan, FY 2008 to FY 2012, the District requires greater functionality from its Human Resource and Payroll processes. The existing applications, Hewitt CYBORG Human Resource and Payroll, are not fully integrated or as robust as required for current demands. The data is currently on multiple hardware and software platforms and must be better integrated to meet current and future processing requirements and to significantly improve workflows. Replacing the currently disparate systems and processes with an integrated solution, will improve data integrity and data analysis. It will also reduce the staff impact caused by developing multiple interfaces to integrate the current systems. Additionally, replacing the current systems with a more current technology will help ensure the District's technical architecture standards are met and will ensure the orderly removal of legacy systems from the IBM Enterprise Server (Mainframe). Current Status: A team from Finance, Human Resources and Information Resources developed and evaluated a Request for Proposal (RFP) to achieve the objectives stated above. The RFP was released in May 2007. Five vendors submitted responsive proposals. The three strongest vendors were invited to present live demonstrations of their products during the last week in August. Based on District staff evaluations, NuView Systems was chosen as the best system meeting the required functional, technical and cost criteria. As also indicated in the IRD Five Year Technology Plan, $794,000 is available for HRIS implementation in FY2008 and $400,000 and $150,000 are planned for FY2009 and FY2010, respectively. The FY2009 and FY2010 HRIS budget will be significantly reduced to only the recurring software maintenance costs and any final conversion/implementation costs. Numbers that are more detailed will follow in the IRD Five-Year Technology Plan, FY 2009-FY 2013. After the NuView software is

31 Item 69 implemented, Hewitt software budgetary costs will be eliminated. The NuView contract and licensing agreement details have been negotiated and the contract has been awarded. Next Major Milestones: NuView has assigned a Project Manager to SWFWMD. Product installation is scheduled January 28, 2008. The Project Manager will conduct the initial Project Kickoff and training the following week. Estimated project completion is mid calendar year 2009. During the early phases of the project, a more detailed project plan will be established. The District has already started documenting the process flows and technical requirements needed by NuView to complete the installation. This early work will help reduce the implementation time.

Staff Recommendation:

This item is provided for the Committee’s information, and no action is required.

Presenter: Gene Schiller, Deputy Executive Director, Management Services

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Fiscal Year 2009 Budget Calendar Rev. 01/10/08

DATES ACTIVITY RESPONSIBILITY

October Annual Basin Board Planning Workshops and Governing Board Meeting Basin Boards/Governing Board Formal Update WS&WRD Funding Plan Over Planning Horizon of 2025 October Cooperative Funding Meetings Staff/Prospective Cooperators/Public

December 1-31 Develop FY2009 Budget Preparation Guidelines Executive/Budget December 7 FY2009 Cooperative Funding Applications Due Prospective Cooperators December 18 Governing Board Review FY2009 Budget Development Process Governing Board/Budget/ Planning/Public

January 1-31, 2008 Review FY2009 Cooperative Funding Applications Staff January 2 FY2008 First Quarter Financial Report & Planning Forecast Directors/Budget Beginning January 23 Budget Preparation and BRASS Software Training Budget/Financial Systems/Staff Distribute FY2009 Budget Preparation Guidelines Budget January 29 Special Election on Proposed Constitutional Amendment for Property Tax Reform

February 1 Identify New or Continued FY2009 Alternative Water Supply & Water Staff Resource Development (WS&WRD) Projects from Cooperative Funding Submittals February Rank FY2009 Cooperative Funding Applications Staff February Basin Boards Review Cooperative Funding Applications Basin Boards February 15 Recurring Budget Requests and Staff Resource Allocations Due Directors February 22 New and Non-Recurring Budget Requests Due Directors February 26 Special Election Results/FY2009 Budget Update Governing Board February 29 Capital Improvements Plan (CIP) Requirements Due Directors February 29 General Services and Information Resources Departments Directors New and Non-Recurring Budget Requests Due

March 7 Preliminary Budget Summary Executive/Budget March 10-14 Executive Review of Budget Submissions Executive/Budget/Directors March 17-21 Departmental Follow-up Review (Executive Adjustments) Executive/Budget/Directors March 25 Present FY2009 WS&WRD Projects; Review Past SB 444 Allocations; Executive/Budget/Governing Board Update Existing Project Costs and Schedule

April Basin Boards Review Preliminary Budgets Basin Boards April Present FY2009 Basin WS&WRD Projects; Review Past SB 444 Basin Boards Allocations; Update Existing Project Costs and Schedule April 2 FY2008 Second Quarter Financial Report & Planning Forecast Directors/Budget April 7 Executive Budget Summary (All Funds) Executive/Budget April 21-25 Final Executive Review of Recommended Combined FY2009 Budget Executive/Budget

May 27 Review Draft Information Resources Five-Year Plan & Computer Sinking Executive/Budget/Governing Board Fund Strategy and Draft Five-Year Capital Improvements Plan May 28 Picture-In-Time for FY2009 Annual Budget Workshop Budget

June Basin Boards Review Tentative Budgets & Proposed Millage Rates Basin Boards June Review Elements of WS&WRD Funding Plan Relative to Costs & Schedule of Proposed or Modified Projects, Legislative Appropriation(s) Basin Boards of SB 444 and Grants June 24 FY2009 Annual Budget Workshop Executive/Budget/Governing Board June 27 Picture-In-Time for August 1 Tentative Budget Submission Budget

July 1-15 Certifications of Property Value Property Appraisers/Budget July 2 FY2008 Third Quarter Financial Report & Planning Forecast Directors/Budget July 16-24 Basin Boards Review Final Budgets & Adopt Final Millage Rates & Basin Boards Budgets July 16-24 Update WS&WRD Funding Plan Revenue Assumptions with Final Basin Boards Ad Valorem Revenue Estimates & Make Necessary Adjustments to Budget July 29 FY2009 Budget Update Governing Board July 29 Adopt Proposed Millage Rates for District and Watershed Basins Governing Board

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Fiscal Year 2009 Budget Calendar (continued) Rev. 01/03/08

DATES ACTIVITY RESPONSIBILITY

August 1 Submit Standard Format Tentative Budget to Governor, Budget President of the Senate, Speaker of the House, Legislative Committee Chairs, Secretary of the Department of Environmental Protection, and each County Commission August 4 Submit Proposed Millage Rates & Preliminary Disclosure of Maximum Budget Millage Levy to Property Appraisers August 26 FY2009 Budget Update Executive/Budget/Governing Board August 26 Update WS&WRD Funding Plan Revenue Assumptions with Final Executive/Budget/Governing Board Ad Valorem Revenue Estimates & Make Necessary Adjustments to Budget (completed July 2008) August Executive Office of the Governor (EOG) Budget Review EOG/Executive/Budget

September 5 House and Senate Appropriations Chair Comments Due Legislature September 16 Public Hearing (Tentative Budget) - Tampa Service Office Governing Board September 23 EOG Budget Review Comments Due EOG September 25-28 Advertise Millage Rates and Budget Budget September 30 Public Hearing (Final Budget) - District Headquarters Brooksville Governing Board

October 3 Forward Resolution to Property Appraisers and Tax Collectors Budget October 3 Pre-Filing Certification of Compliance, Final Disclosure of Maximum Millage Levy, and Vote Record for Final Adoption of Millage Levy to Department of Revenue October 10 Issue FY2009 Budget in Brief Report Budget October 30 Certify Compliance to Department of Revenue Budget October Annual Basin Board Planning Workshops and Governing Board Meeting Basin Boards/Governing Board Formal Update WS&WRD Funding Plan Over Planning Horizon of 2025

December 15 Report on Water Management District Budgets for FY2009 EOG December 31 Certify Compliance to Department of Financial Services Budget

March 1, 2009 Submit Consolidated Water Management District Annual Report Planning/Budget (including the Five-Year CIP) to Governor, President of the Senate, Speaker of the House, Legislative Committee Chairs, Secretary of the Department of Environmental Protection, and each County Commission

34 G. General Counsel's Report Governing Board Meeting January 29, 2008

General Counsel’s Report

Discussion Items

71. Consent Item(s) Moved for Discussion

72. Final Order – WUP No. 2004912.006 – City of Lakeland v. SWFWMD, DOAH Case No. 07-0564 – Polk County ...... (30 minutes) ...... 2 (Strategic Plan: Water Supply – Regional Water Supply Planning)

73. Overview of Compliance and Enforcement Process ...... (15 minutes) ...... 4 (Strategic Plan: Mission Support)

Routine Reports

74. Litigation Summary and Report ...... 6

75. Rulemaking Update ...... 27

Item 72

General Counsel’s Report January 29, 2008

Discussion Item

Final Order – WUP No. 20004912.006 – City of Lakeland v. SWFWMD, DOAH Case No. 07-0564 – Polk County

On December 29, 2006, the District issued a notice of proposed agency action (PAA) for renewal and issuance of Water Use Permit (WUP) No. 20004912.006 to be issued to the City of Lakeland, Florida (City) authorizing groundwater withdrawals from the City's Northwest (NWWF), Northeast (NEWF), and Combee wellfields located in Polk County.

Although the City's application as modified requested a WUP having a duration of 15-years and authorizing a total withdrawal of 36.8 mgd annual average (28.03 mgd from NWWF and 8.77 mgd from NEWF), the District's PAA called for issuance of a 6-year permit with a total withdrawal of 33.03 mgd (28.03 mgd from NWWF, 1.5 mgd from NEWF, and 3.5 mgd from Combee). The PAA also included a phasing schedule that would allow increased withdrawals up to 35.03 mgd total (including 4.0 mgd from NEWF).

On January 23, 2007, the City filed a timely petition for formal administrative hearing with the District. The District referred the petition to the Division of Administrative Hearings (DOAH) for the conduct of formal administrative proceedings, and a final hearing was held over the course of ten days in August 2007.

In October 2007, the parties filed with DOAH their proposed recommended orders (PRO). The City's PRO sought a 10-year WUP authorizing a total withdrawal of 36.8 mgd, with 8.77 mgd from the NEWF. The District's PRO sought a 6-year WUP with a total allocation of 29.5 mgd, including 1.5 mgd from NEWF.

On January 4, 2008, the assigned Administrative Law Judge (ALJ) issued his recommended order. The ALJ recommends that the District issue a final order issuing a 6-year permit authorizing a total withdrawal of 29.5 mgd, including 4.0 mgd from the NEWF and 25.5 mgd from the NWWF. The recommended order requires the implementation of an environmental monitoring and management plan to ensure that the permitted groundwater withdrawals do not cause unacceptable adverse impacts. The recommended order likewise requires implementation of a Wetland Improvement Plan to mitigate impacts on the NEWF wetlands. The recommended order also requires that a special condition be included in the permit encouraging the City to pursue a WUP for the Combee site for the City's future water needs and/or for additional mitigation of the impacts of pumping at the NEWF. The recommended order, the transcript of the hearing, and the exhibits admitted into evidence are being made available to the Governing Board.

District staff anticipates that the City may file written exceptions to the ALJ's findings of fact and/or conclusions of law prior to the Governing Board meeting. If such exceptions are filed, they will be provided to the Governing Board along with any responses thereto, as well as proposed rulings on the exceptions.

Pursuant to Section 120.57(1)(l), Florida Statutes (F.S.), an agency may adopt an ALJ's recommended order as the final order of the agency. This section also provides that an agency may not reject or modify findings of fact in a recommended order "unless the agency first determines from a review of the entire record, and states with particularity in the order, that the

2 Item 72 findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law." This means that if the Board decides to reject a finding of fact in the recommended order, it will have to do so based on a review of the transcript of the administrative hearing and the exhibits admitted into evidence at the hearing.

Section 120.57(1)(l), F.S., also provides that an agency may reject or modify conclusions of law over which it has substantive jurisdiction only if the agency states "with particularity its reasons for rejecting or modifying such conclusion of law" and makes a finding that its substituted conclusion of law is "as or more reasonable than that which was rejected or modified." The statute also provides that "rejection or modification of conclusions of law may not form the basis for rejection or modification of findings of facts."

A proposed final order is an exhibit to this item. If the staff recommendation is followed, it will not be necessary for the Board to review the entire record from the hearing, because the proposed final order adopts the recommended order in its entirety and does not reject or modify any findings of fact.

Staff Recommendation: See Exhibit (to be provided)

Approve the proposed final order that adopts the recommended order entered by the Administrative Law Judge and issues WUP No. 20004912.006.

Presenter: Joseph J. Ward, Assistant General Counsel

3 Item 73

General Counsel's Report January 29, 2008

Discussion Item

Overview of Compliance and Enforcement Process

Background At the December 2007 Governing Board meeting, during discussion of the monthly overpumpage report, a request was made for an overview of the District's compliance and enforcement process. The purpose of this item is to provide an overview of the District's compliance and enforcement processes related to all regulatory programs.

Compliance and enforcement matters generally involve activities that require a permit but are done without first obtaining a permit or activities that violate the terms or conditions of a permit, order or rule provision. These matters are commonly referred to as violations and arise in connection with all three of the District's primary regulatory programs – water well construction and well contractor licensing (Well Construction Permits); surface water management systems (Environmental Resource Permits); and consumptive uses of water (Water Use Permits). All violations are initially handled by staff, in the regulatory office serving the county in which the violation occurred, who follow established processes and procedures when addressing violations related to any of the three regulatory programs.

Well Construction Violations Normally, when a well construction violation occurs, staff prepare an enforcement file and forward it through management in the regulatory office and appropriate staff in the Regulation Performance Management Department (RPM) to the Office of General Counsel (OGC). Management and RPM staff review the files to confirm that they contain all the necessary information and to ensure that violations are being handled in an equitable and consistent manner.

After a file is received in OGC, a Notice of Violation (NOV) and proposed Consent Order are sent to the violator. The proposed Consent Order requires the payment of a penalty and may require some corrective action by the violator. The typical corrective action is filling the borehole of an attempted but unsuccessful well with grout to prevent harm to the water resource. The penalty amount is determined by reference to the Florida Unified Citations Dictionary for Water Well Construction (Dictionary) and the Water Well Contractor Disciplinary Guidelines and Procedures Manual (Manual). Both the Dictionary and the Manual are adopted by the Florida Department of Environmental Protection (DEP) and followed by all five of the water management districts. The Dictionary sets forth the penalty amounts which currently range from $100 to $1,000 per violation. Although well construction violations are generally fairly straight forward and therefore suitable for fixed penalty amounts, the Manual does allow for the adjustment of the penalty up or down in consideration of aggravating or mitigating circumstances. Consent Orders for well construction violations are approved and executed on behalf of the District by the Executive Director pursuant to Board Policy 160-6.

If the violator does not sign the proposed Consent Order, OGC seeks authorization from the Governing Board to initiate litigation by serving the violator with an Administrative Complaint and Order (ACO). The violator has an opportunity to contest the ACO by requesting an administrative hearing before the Division of Administrative Hearings (DOAH). The District has authority, pursuant to Section 373.333(4)(c), Florida Statutes, to impose an administrative fine of up to $5,000 per violation. Once the ACO becomes a final order, either because the violator

4 Item 73 did not request an administrative hearing or the DOAH proceedings have concluded, the District can enforce the ACO through an action in Circuit Court.

Water Use and Environmental Resource Permitting Violations For most violations connected to the Water Use Permit (WUP) and Environmental Resource Permit (ERP) regulatory programs there are two stages to the process employed by staff. The first stage involves the "compliance" activities undertaken by regulatory staff in the Service Offices. Violators are advised in writing of the violation and what is required to remedy the violation and given an opportunity to bring the matter into compliance. If the violation is not addressed within the requested time period, a second notice is sent to the violator. If the violation is not corrected after the second notice within a reasonable period of time, the second stage is the initiation of "enforcement" activities.

As with well construction violations, WUP and ERP enforcement activities are initiated by preparation and forwarding of an enforcement file to OGC. If the violation is purely administrative in nature (e.g., the failure to timely submit required documents) the enforcement file goes directly from the Service Office to OGC. If the violation involves issues of a technical nature, the file is reviewed by RPM staff and the Deputy Executive Director for Regulation for purposes of completeness, equity and consistency. For a few violations, specifically consumptive use of water without the required WUP, construction or alteration of surface water management system (which includes dredging and filling in wetlands) without the required ERP, and over-pumpage of WUPs the enforcement file is generally forwarded to OGC for the issuance of a proposed Consent Order without allowing the violator to resolve the compliance matter at the regulatory staff level. For violations other than the three exceptions described above, OGC staff send an NOV that allows the violator to come into compliance without executing a Consent Order and paying a penalty. If a satisfactory response to the NOV is not obtained, a proposed Consent Order is sent to the violator. The proposed Consent Order requires payment of a penalty and typically some additional corrective action such as obtaining an ERP or WUP or restoring the site where unauthorized construction took place. The proposed penalties are developed using separate penalty matrices for ERP and WUP violations and a formula that is incorporated into the WUP matrix for over-pumpage violations. The matrices and formula are utilized as guidelines or tools to help achieve equitable and consistent proposed penalties. If the violator agrees to a proposed Consent Order, it comes before the Governing Board for approval unless the violation is limited to a failure to submit documents, in which case the Consent Order is approved by the Executive Director.

If staff are unable to negotiate a Consent Order, the Board is asked to authorize the initiation of litigation against the violator. The District can issue an ACO to require the obtainment of an ERP or WUP or restoration but does not have authority to impose a penalty against the violator. Ultimately, if a penalty cannot be negotiated with the violator, the District can commence a civil lawsuit to recover penalties pursuant to Section 373.129, Florida Statutes. The statute allows a judge to impose a civil penalty in an amount up to $10,000 per offense. Each date during which a violation occurs constitutes a separate offense.

Staff Recommendation:

This item is presented for the Board's information, and no action is required.

Presenter: Jack Pepper, Deputy General Counsel

5 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT LITIGATION REPORT January 2008 (Changes in status since last month are in boldface type)

ADMINISTRATIVE PROCEEDINGS

STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/2008)

SWFWMD v. Jose Division of J. Ward Formal Administrative 6/21/07 – Administrative Complaint and Order served. and Liliana Administrative Proceedings on Administrative 7/2/07 - Respondent's Request for Formal Administrative Aristizabal/Case Hearings/J. Johnston Complaint and Order for Hearing served. 7/25/07 – Notice of Hearing and Order of No. 07-3207 construction without ERP Pre-Hearing Instructions entered. 8/8/07 Resolution Session Report served. 10/5/07 - Order Granting Continuance and Re-Scheduling Hearing (set for March 5 - 7, 2008 in Bartow) entered. 12/3/07 - Order Granting Leave to Withdraw as Counsel entered. 12/6/07 - Notice of Substitution of Counsel served (Ward for Moore). 12/13/07 - Petitioner’s Motion to Compel Discovery served. 1/4/08 - Order Compelling Discovery (Respondents’ responses due to be served by 1/11/08) entered. Blanco, Dr. Division of J. Smith Formal Administrative 8/22/07 - Petition for Administrative Hearing served. 9/11/07 Octavio v. Win- Administrative Proceedings on objection to – Notice of Hearing (scheduled for 10/31, 11/1 and 11/2, Suncoast Ltd. and Hearings/D. issuance of ERP No. 2007) served, Order of Pre-Hearing Instructions and Order SWFWMD /Case Alexander 43024788.004 (granting in part Motion to Expedite Discovery) entered. No. 07-3945 10/15/07 – Order (granting Request for Official Recognition) 6 entered. 10/18/07 – Notice of Hearing entered; hearing now scheduled for 12/3, 4 and 5/07. 11/15/07 – (Petitioner's) Motion for Continuance served. 11/20/07 – (Win-Suncoast's) Objection to Petitioner's Motion for Continuance served. 11/21/07 – (SWFWMD's) Objection to Petitioner's Motion for Continuance served. 11/28/07 - Petitioner's Request for Reconsideration Regarding Respondent's Motion in Limine served. 12/3/07 – Order Continuing Hearing entered. 12/5/07 – Win-Suncoast's Response to Petitioner's Request for Reconsideration Regarding Respondents' Motion in Limine served. 12/6/07 – Petitioner's Request for Reconsideration of the Exclusion of Dr. Mark Ross, Ph.D. served. 12/10/07 – Notice of Hearing entered. Hearing scheduled for January 15 – 17, 2008. 12/11/07 – Win-Suncoast's Response to Petitioner's Request for Reconsideration of the Exclusion of Dr. Mark Ross, Ph.D. served. 12/13/07 – (SWFWMD's) Response in Opposition to Petitioner's Request for Reconsideration Regarding Exclusion of Dr. Mark Ross served. 12/17/07 – Order (denying request for reconsideration) entered. 12/28/07 – Amended Notice of Hearing entered. 12/31/07 – Order (denying Petitioner's Request for Reconsi- deration Regarding Respondent's Motion in Limine) entered.

1 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

In Re: Florida Division of M. Moore Whether the application of 1/10/07 – Initial Order entered. 1/16/07 – Motion to Power and Light Administrative Florida Power and Light Intervene filed by Schroeder-Manatee Ranch, Inc. and Lake Company Hearings/B. Canter Company for the Bobwhite- Club Investors LLC. 1/17/07 – DEP's Notice of Filing of Bobwhite-Manatee Manatee 230 Kilovolt Transmission Line Siting Application served. 1/23/07 – 230KV transmission line project should Notice of Hearing entered by DOAH, and Order Establishing Transmission Line be certified under the State of Site Certification Application Schedule entered. 1/26/07 – Project Florida Transmission Line SWFWMD's Notice of Intent to be a Party served. 2/1/07 – Transmission Line Siting Act SWFWMD's Request for Additional Information served. Siting Application 2/2/07 – Preliminary Statement of Issues served by No. TA07-14/Case Sarasota County. 2/8/07 – Department of Transportations' No. 07-0105TL Notice of Intent to be a Party served. Department of Environmental Protection's Determination of Incompleteness served. 2/12/07 – Order of Pre-Hearing Instructions entered. 2/13/07 – Manatee County's Notice of Intent to Hold an Informational Public Meeting; Manatee County's Request to Have a Public Hearing in Manatee County; and Manatee County's Notice of Intent to be a Party served, and Order Granting Motion to Intervene by Schroeder-Manatee, Ranch entered. 2/16/07 – Joint Stipulation and Motion for Alteration of Time Limit served by DEP. 2/21/07 – SWFWMD's Preliminary Statement of Issues served. 2/22/07 – Florida Power & Light's Notice of Filing Completeness Response served. 2/22/07 – Florida Department of Environmental

7 Protection and Florida Power & Light's Amended Joint Stipulation and Motion for Alteration of Time Limit served. 2/26/07 – Florida Department of Transportations' Preliminary Statement of Issues received. 2/26/07 – Order Altering Time Limit entered. 3/7/07 – Recommendations of Manatee County as to Completeness of the Application for the Bobwhite-Manatee Transmission Line Project served. 3/15/07 – DEP's Determination of Completeness served. 3/20/07 – SWFWMD's Agency Report Site Certification Application – Staff Recommendation - Approval served. 4/2/07 – Manatee County's Notice of Filing Agency Report; Notice of Filing Sarasota County's Agency Report served. Southwest Florida Regional Planning Council Notice of Filing Agency Report served. 4/6/07 – Order Granting Petition to Intervene of Gum Slough entered. 4/12/07 – Notice of Proposed Alternate Corridor on behalf of John Falkner served. 4/16/07 – Schroeder-Manatee and Lake Club's Notice of Proposed Alternate Corridors served. Falkner Amended Notice of Proposed Alternate Corridor served. Taylor and Fulton Notice of Proposed Alternate Corridors served. 4/19/07 – Order Granting ManaSota 88, Inc.'s Motion to Intervene entered. Motion to Amend Notice of Proposed Corridors filed by Taylor and Fulton served. 4/23/07 – DEP's Acceptance of Alternate Corridor Proposals for Consideration served. Order accepting Taylor and Fulton's Notice of Proposed Alternative Corridors entered. 2 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

FPL's Notice of Acceptance for Consideration of Alternate Corridors Proposed by Falkner, Taylor and Fulton and Schroeder-Manatee Ranch and Lake Club Investors served. 4/25/07 – Order Granting Petition to Intervene filed by John Falkner entered. Order Canceling Hearing entered. 4/27/07 – DEP's Notice of Filing of Written Analysis served. Motion to Temporarily Defer Setting of Certification Hearing Date served. 5/3/07 – Order Granting Petition to Intervene filed by Taylor and Fulton entered. 5/7/07 – Clarification of FPL's Position on Schroeder-Manatee and Lake Club's Motion to Amend Proposed Alternate Corridor served. 5/9/07 – Order on Motion of FP&L to Defer Setting Date for Certification Hearing entered. 5/15/07 – Order Granting Petition to Intervene by Myakka Ranch; and Order on Pending Motions entered. 5/21/07 – Joint Stipulation of DEP and FP&L and Motion for Alteration of Time Limits served. 5/20/07 – Order Altering Time Limits entered. 6/7/07 – Order Granting Petition to Intervene of Concession Land Development entered. 6/8/07 – Manatee County's Notice of Filing Completeness Response for Alternative Corridors; FP&L's Response to John Falkner's First Request for Production of Documents; SWFWMD's Notice of Filing Completeness Comments; Tampa Bay Regional Planning Council's

8 Request for Additional Information served. 6/12/07 – Notice of Filing Sarasota County's Completeness Response served. 6/22/07 – DOAH's Notice of Filing re: L-3 Partnership's letter to be treated as public comment entered. DEP's Notice of Incompleteness served. 6/26/07 Second Joint Stipulation and Motion for Alteration of Time Limits served. 6/28/07 – Notice of Appearance and Petition to Intervene o/b/o John Cannon Homes – Eastmoor, LLC; Schwartz Farms, Inc.; Michael and Joanne Schwartz; Sarasota One, LLC; Indian Creek Dev. and BDR Investments; and Petition to Intervene o/b/o Pacific Land served. Order Granting Motion for Alteration of Time Limits entered. 7/2/07 Department of Community Affairs' Notice of Intent to be a Party served. 7/10/07 – Order on Petition to Intervene of K. Chapman entered. 7/13/06 – Order Granting Petitions to Intervene of Pacific Land et al. entered. 7/25/07 – Notice of Hearing for Certification Hearing entered. 7/26/07 – Determination of Alternate Corridor Filing Completeness served. 8/13/07 – Order Granting Petition to Intervene of East County HOA entered. 8/22/07 – Notice of Filing Sarasota County's Report on Alternative Corridors, and SWFWMD's Notice of Filing Completeness Report; Notice of Filing of Sarasota County's Report on Alternative Corridors, and Manatee County's Notice of Filing Agency Report on Alternative Corridors served. 9/7/07 – DEP's Notice of Filing of Revised Staff Analysis served. 10/8/07 – 3 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

Order Granting Petition to Intervene on Hunsader's Amended Petition to Intervene entered. 10/9/07 – Schroeder-Manatee and Lake Club's Notice of Withdrawal of Alternate Corridors entered. 10/10/07 – FP&L's Response in Opposition to Motion in Limine served. 10/11/07 – Order Granting Petition to Intervene of High Hat Ranch, and Order Denying Motion in Limine entered. 10/12/07 – FP&L Notice of Filing Prehearing Stipulation served; Order Rescinding 10/11/07 Order Denying Motion In Limine entered. 10/17/07 – Order Denying Motion in Limine by SMR and LCI entered. 10/19/07 – FP&L's Notice of Filing Additional Signatures for the Prehearing Stipulation; and FP&L's Unopposed Motion for an Order to Adopt Confidentiality Agreements served. 10/26/07 – Concession Land Development and Concession Golf Club's Notice of Joinder and Adoption served. 11/5/07 – Order Granting Continuance entered. 11/7/07 – Unopposed Joint Motion for Continuance of Hearing and Alteration of Time Limit served. 11/9/07 – Order Continuing the Certification Hearing and Altering Limit for Consideration of Alternate Corridors entered. Errata Sheets for 10/2/07 depositions of Analee Mayes and Philip Simpson served. 11/19/07 – Concession Land and Concession Golf Notice of Proposed Alternate Corridor served. 11/21/07 – Schroeder-

9 Manatee and Lake Club's Notice of Proposed Alternate Corridor served. 11/21/07 – John Falkner's Notice of Proposed Alternate Corridors served. 11/26/07 – Bridle Creek HOA Alternate Corridor Proposal served. 11/28/07 – DEP's Accepance of New Alternate Corridor Proposals for Consideration served. 11/28/07 – FP&L's Notice that FPL Will Accept for Consideration the Alternate Corridors proposed by Concession Land and Concession Golf and Schroeder-Manatee and Lake Club and Bridle Creek HOA and FPL Will Not Accept for Consideration the Alternate Corridors Proposed by John Falkner served. 12/5/07 – Notice of Hearing and Amended Order of Pre-Hearing Instructions entered. 12/10/07 – DOT's Notice of Substitution of Counsel served. Fryman, Russell J. Division of M. Moore Formal Administrative 11/28/06 – Request for Administrative Hearing served. 1/3/07 as Co-Trustee of Administrative Proceedings on objection to – Order of Dismissal With Prejudice (dismissing Russell the Virginia B. Hearings/J.L. issuance of ERP No. Fryman in his individual capacity) and Notice of Entry of Final Fryman Trust and Johnston 44027361.002 Order entered. 1/17/07 – Second Amended Verified Petition Virginia Fryman v. for Formal Administrative Proceedings served. 2/21/07 – SWFWMD and Notice of Hearing (set for June 20 and 21, 2007) served. Highlands County 5/2/07 – Joint Motion to Abate proposed by Petitioners and Board of County Joint Stipulation to Hold Action in Abatement served. 5/24/07 Commissioners – Joint Stipulation to Hold Action in Abatement filed. 5/25/07 – Case No. 07-0465 Order Canceling Hearing and Placing Case in Abeyance

4 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

entered. 8/1/07 – Order Continuing Case in Abeyance entered. 10/29/07 – Order Continuing Case in Abeyance entered.

Grey Oaks HOA v. Division of A. Vining Formal Administrative 4/10/07 – Petition for Administrative Hearing served. 4/23/07 Nohl Crest Homes Administrative Proceedings on objection to – Order of Dismissal Without Prejudice entered. 5/7/07 – Corp. and Hearings/T. Kent issuance of ERP Nos. Amended Petition for Administrative Hearing served. 5/29/07 SWFWMD/Case Wetherell, II 49002364.137 and .138 – Notice of Hearing (for 8/28-29/07) and Order of Pre-Hearing No. 07-2199 Instructions entered. 8/13/07 – Joint Motion for Continuance served. 8/14/07 – Order Granting Continuance entered. 8/23/07 – Notice of Filing Status Report served. 8/24/07 – Order Placing Case in Abeyance entered. 10/24/07 – Joint Status Report served; and Order Continuing Case in Abeyance entered. 12/13/07 – Notice of Withdrawal of Petition for Administrative Hearing served. 12/13/07 – Order Closing File entered

City of Lakeland v. Division of J. Ward/D. Graziano Formal Administrative 1/22/07 – City of Lakeland, Florida’s Petition for Formal SWFWMD/Case Administrative Proceedings on City of Administrative Proceedings served. 9/6/07 - Joint Motion for No. 07-0564 Hearings/T.K. Lakeland’s objection to Extension of Time in Which to File Proposed Recommended Wetherell, II conditions of WUP No. Order served. 9/7/07 - Order Granting Extension of Time 20004912.006 (Proposed Recommended Order due 10/12/07) entered. 10/10/07 - Joint Motion to Extend Time for Filing Proposed 10 Recommended Orders served. 10/11/07 - Order (granting Motion to Extend Time for Filing Proposed Recommended Order to no later than 10/22/07) entered. 10/22/07 - SWFWMD’s Proposed Recommended Order served; City of Lakeland’s Proposed Recommended Order served. 12/21/07 - Defendant SWFWMD’s Motion for Rehearing and Supporting Memorandum of Law served. 12/26/07 - (SWFWMD’s) Motion to Reopen the Record and Memorandum in Support served. 12/27/07 - (SWFWMD’s) Notice of Filing (affidavit of Anthony Andrade) served; Order Denying Motion to Reopen Record entered. 1/4/08 - Recommended Order entered.

Progress Energy Division of M. Moore Formal Administrative 6/18/07 – DEP's Notice of Receipt of Power Plant Siting Florida Site Administrative Proceedings regarding Site Application and Request for Assignment of ALJ; DEP's Certification Hearings/Bram D. E. Certification Application Proposed Site Certification Application Schedule served. Application for Canter 6/19/07 – Initial Order entered; and DEP's Notice of Filing Crystal River Unit Site Certification Application served. 6/28/07 – DOT's Notice 3 Uprate of Intent to be a Party; and DEP's Response to the Initial Project/Case No. Order served. 7/10/07 – SWFWMD's Notice of Filing 07-2713 EPP Completeness Comments served. 7/20/07 – DEP's Determination of Incompleteness served. 7/27/07 – SWFWMD's Notice of Intent to be a Party served. 8/2/07 Citrus County's Determination of Compliance with Local Land Use Plans and Zoning served. 8/22/07 – PEF's Notice 5 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

of Filing Sufficiency Responses; Notice of Filing Certified proof of Publication for Notice of Filing Application for Electrical Power Plant Site Certification for Power Plant; and Notice of Filing Certified Proof of Publication for Notice of Receipt of Citrus County's Determination of Land Use and Zoning Consistency for Electrical Power Plant served. 9/11/07 – DEP's Determination of Incompleteness served. 9/12/07 – Corrected DEP's Determination of Completeness served. 10/16/07 – DOT's Preliminary Statement of Issues served. 10/22/07 – SWFWMD's Preliminary Statement of Issues served. 12/26/07 – Notice of Hearing for 3/17 – 3/18/08. 1/3/08 – DOT's Notice of Substitution of Counsel served. SWFWMD v. Division of A. Duffey Formal Administrative 6/23/06 – Petition for Formal Hearing received from Renna, Edward Administrative Proceedings regarding Respondent. 11/2/06 – Notice of Hearing (set for 12/13 – /Case No. 06-4114 Hearings/D. Administrative Complaint and 14/06) served. 12/11/06 – Order Granting Continuance Alexander Order for Construction without entered. 1/5/07 – Notice of Hearing (scheduled for 4/16 - ERP 4/17/07) served. Mediation held on 3/7/07. 4/10/07 – Renna's Motion to Continue served. 4/11/07 – Order Granting Continuance and Placing Case In Abeyance entered. 5/22/07 – Response to Order Granting Continuance and Placing Case in Abeyance served.

11 6/12/07 – Notice of Hearing for 2/12-13/08 entered. 11/27/2007 – Amended Notice of Hearing for 3/3-3/4/08 entered. 1/3/08 – Respondent's Motion for View served. Tampa Electric Division of M. Moore Transmission Line 12/17/07 – DEP's Request for Assignment of Company and Administrative Certification Administrative Law Judge served; and DEP's Statement Progress Energy Hearings/T. K. of Additional Agencies Entitled to Copies of the Florida, Inc., Lake Wetherell, II Application and Amendments served. 12/18/07 – Initial Agnes-Gifford Order entered. 12/20/07 – DEP's Proposed Transmission Transmission Line Site Certification Schedule served. 12/21/07 – DEP's Line Siting App. Notice of Filing of Transmission Line Siting Application No. TA07-16/Case served. 12/24/07 – Order Approving Schedule entered. No. 07-5691 12/27/07 – Notice of Hearing for May 5-9, 2008 entered; and Order of Pre-Hearing Instructions entered; and Amended Order of Pre-Hearing Instructions entered. 1/2/08 – SWFWMD's Notice of Intent to be a Party, and Department of Community Affairs' Notice of Intent to be a Party served.

Tampa Electric Division of M. Moore Transmission Line Certification 10/16/07 – Initial Order entered. 10/17/07 Amended Initial Company Willow Administrative Order entered. 10/17/07 – DEP's Proposed Transmission Line Oak-Wheeler-Davis Hearings/J. L. Site Certification Schedule served; and DEP's Statement of Transmission Line Johnston Additional Agencies Entitled to Copies of Application and Siting Application Amendments served. 10/19/07 – Tampa Electric's Notice of No. TA07-15/Case Distribution of Additional Copies of Corridor Certification No. 07-4745TL Application served; and DEP's Notice of Filing Transmission Siting Application served. 10/25/07 – DEP's Response to 6 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

Initial Order served. 10/26/07 – Notice of Hearing for 3/4-3/7 and 3/10-3/14, 2008, and Order of Pre-Hearing Instructions entered. 11/9/07 – DOT's Notice of Intent to be a Party served. 11/13/07 – Dept. of Community Affairs' Notice of Intent to be a Party served; and City of Temple Terrace's Recommendations and First Set of Completeness Questions served. 11/14/07 – Completeness Review served; and SWFWMD's Notice of Intent to be a Party served. 11/20/07 – DEP's Determination of Incompleteness served. 11/29/07 – FDOT's Preliminary Statement of Issues served. 11/30/07 – TECO's Responses to Agency Completeness Questions served. 12/3/07 – TECO's Notice of Filing Completeness Response; SWFWMD's Preliminary Statement of Issues; and Tampa Bay Regional Planning Council Preliminary Statement of Issues served. 12/7/07 – FDOT Second Completeness Review served. 12/18/07 – City of Temple Terrace's Second Set of Completeness Questions served. 1/4/08 FDOT's Agency Report served. 1/7/08 – Amended Notice of Hearing entered.

Southeastern Division of A. Duffey Formal Administrative 6/26/07 – Petition for Formal Administrative Hearing served. Freight Lines, Inc. Administrative Proceedings on objection to 7/13/07 – Notice of Hearing (scheduled for 12/3 & 4/07), and v. Board of County Hearings/D. issuance of ERP No. Order of Pre-Hearing Instructions entered. 10/1/07 –

12 Commissioners- Alexander 44032094.000 Amended Notice of Hearing (amended as to Specific Location Charlotte County and Time of Hearing Only) entered. 11/5/07 – Stipulated and SWFWMD/ Motion to Abate Proceedings served. 11/6/07 – Order Case No. 07-3023 Granting Continuance and Placing Case in Abeyance entered.

DELEGATED ADMINISTRATIVE HEARING MATTERS

Byle, Steve J. Smith Request for Administrative 1/5/08 – Request for Administrative Hearing served. Hearing regarding ERP No. 44027108.001

Coastal Caisson J. Smith Request for Extension of Time 12/19/07 – Request for Extension of Time to File Petition Corporation to File Petition for served. Administrative Hearing regarding Final Agency Action approving ERP No. 440330102.001

Wal-Mart Stores, A. Vining Request for Extension of Time to 10/1/07 – Request for Extension of Time to File Petition for LP v. SWFWMD File Petition for Extension of Hearing. 10/9/07 – Order Granting Request for Extension of Hearing Time entered. 12/28/07 – Second Request for Extension of Time to File Petition for Hearing served.

7 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

ENFORCEMENT CASES (Including Administrative Complaints)

th SWFWMD v. 6 Judicial Circuit, J. Ward Complaint and Petition to Complaint filed 9/23/02. 4/2/03 – Defendant's Stipulated Motion Aloha Utilities, Pasco County/S. Enforce Consent Order and to File First Amended Answer, Affirmative Defenses and Inc./Case No. 51- Mills pursue new WUP violations Counterclaim served. 7/13/04 – Joint Stipulation to Stay Action 2002-CA-2549 served. 7/14/04 – Order Approving Joint Stipulation to Stay WS, Section G Action entered. Governing Board 10th Judicial Circuit, M. Moore Complaint and Petition for Complaint filed by SJRWMD 1/22/01. 3/9/04 - Order substituting of the St. Johns Polk County/M. Enforcement for Construction of SWFWMD as Plaintiff entered; Supplement to Complaint filed. River Water McCarthy Subdivision without ERP 4/4/04 - Answer filed. 8/24/04 – Settlement Agreement Management approved by Governing Board. 9/21/04 – Consent Final District v. Vista Judgment entered. 2/2/05 - Order Adjudging Defendant in Park Contempt entered. 4/6/05 - Order of Transfer and Development, Reassignment entered. 4/15/05 - Notice of Filing (providing Inc./Case No. notice to shareholders of entry of Order of Appointment of GCG-01-444-08 Receiver Pendente Lite) served. Payment of $6,229.22 received from Vista Park Receiver. Order of denial on Intervention Motion issued 5/26/05. 9/22/05 – Order denying Motion to Intervene entered. 5/11/06 – ERP Application received, which seeks to address pending compliance issues involving Vista Park Phase II. 8/28/06 – Notice demanding payment of $10,000 contempt 13 penalty sent. 8/31/06 – Contempt penalty of $10,000 received. ERP addressing compliance matters issued to JB Development of Davenport, Inc. on 10/12/06. SWFWMD v. R.J. A. Vining Administrative Complaint and 9/27/07 – Administrative Complaint and Order served. 10/25/07 Bunbury Homes, Order Administrative Complaint and Order SWF 07-055 entered. Inc. Derek Welling v. 10th Judicial Circuit, M. Moore Complaint for Dissolution of the 2/28/05 - Motion to Intervene by SWFWMD served. 3/2/05 - Vista Park Polk County/R. named corporate defendants Order Granting Motion to Intervene by SWFWMD entered. Development, Inc., Doyel 3/7/05 - Order Appointing Receiver Pendente Lite entered. Vista Park 9/22/05 – Orders granting Motions to Intervene entered. 6/23/06 Management, Inc., Order granting Motion for Approval of Payment by Receiver and Vista Park entered. 8/29/06 – Order Approving Payment to Creditor Homes, Inc. v. entered. SWFWMD v. Carlos Goffi/Case No. 2005-CA- 000515 SWFWMD v. Lake 5th Judicial Circuit, J. Ward Complaint and Petition for Complaint served 4/19/04. 6/24/05 - District's Motion for Summary Erie Corporation/ Lake County/W. G. Enforcement of Consent Order Judgment served. 11/4/05 - Order for Partial Summary judgment Case No. Law for ERP violations entered (deeming Requests for Admissions to Defendant 04CA1239 admitted). 4/11/07 – Motion for Leave to Amend Complaint (with Amended Complaint) and Notice of Hearing served. 12/11/07 - Final Judgment entered. 8 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

SWFWMD v. John 6th Judicial Circuit, A. Vining Complaint and Petition for 7/6/06 - Summons and Complaint served on Defendant. Belcher/Case No. Pinellas County/F. Enforcement of Administrative 10/27/06 – Motion for Default by the Court, and Notice of 06-4467CI-8 Quesada Complaint and Order Hearing served. 11/13/06 – Order Denying Motion for Default by the Court entered. 1/17/07 – Order granting Plaintiff's Motion to Strike Defendant's Affirmative Defenses entered. 12/26/07 – Notice of Lack of Prosecution entered. SWFWMD. v. 6th Judicial Circuit, A. Duffey Petition for Enforcement of 11/27/07 – Summons and Petition served on Defendant. Steven Pasco County/S. Administrative Complaint and 1/2/08 – Motion for Default served. Griffith/Case No. Mills Order 5107CA6297WS SWFWMD v. A. Duffey Administrative Complaint and 10/22/07 – Administrative Complaint and Order served. Manasota Electric, Order Administrative Complaint and Order entered (SWF 07-058). Inc. SWFWMD v. A. Vining Administrative Complaint and 9/25/07 – Administrative Complaint and Order served. McClendon, J.C., Order 10/29/07 – Administrative Complaint and Order entered (SWF Jr. 07-056). SWFWMD v. M. Moore Administrative Complaint and 3/19/07 – Administrative Complaint and Order served. 7/26/07 – James A. Order Administrative Complaint and Order entered (SWF 07-41). Messana 14 SWFWMD v. Sean A. Duffey Administrative Complaint and 10/23/07 – Administrative Complaint and Order served. M. Murphy and Order Shelly A. Murphy SWFWMD v. Polk 10th Judicial Circuit, M. Moore Suit to enforce Consent Order Complaint filed 5/27/99. Cone Constructors Inc. filed for Properties, Inc., et Polk County/C. bankruptcy 6/9/00. 4/3/01 – District filed Proof of Claim for al./Case No. G99- Moore $443,240 with Bankruptcy Court. Final Judgment entered 1779-08 against Polk Properties, Inc., for $547,859 on 6/15/01. Bankruptcy still open. SWFWMD v. 6th Circuit Court, J. Ward Complaint and Petition for 2/9/07 - Complaint and Petition for Enforcement filed; Summons David Richardson Pinellas County/ Enforcement Issued to Defendants. Return of Service (served 2/27/07). and Lisa 5/3/07 – Plaintiff’s Motion for Clerk’s Entry of Default Against Richardson/Case Defendants filed. 5/30/07 - Plaintiff’s Renewed Motion for No. 07-1395CI-07 Clerk’s Entry of Default Against Defendants (with Affidavit of Non-Military Service) served. 8/22/07- Default entered. 9/20/07 - Plaintiff’s Ex Parte Motion for Entry of Final Judgment After Default (with proposed Order) served. 9/21/07 - Final Judgment entered. 11/26/07 - Recorded certified copy of Final Judgment in public records of Pinellas County.

9 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

SWFWMD v. Alan 10th Judicial Circuit, M. Moore Complaint and Petition for 3/23/05 – Complaint and Petition for Enforcement filed. 6/8/05 - J. Rieder and Polk County/D. Enforcement to enforce Mediation held. 6/28/05 - Mediation Settlement Agreement Cynthia F. Maloney Administrative Complaint and approved by Governing Board. 9/27/05 – Third payment Rieder/Case No. Order No. 05-09 received pursuant to Settlement Agreement. 10/19/05 – 2005CA-001184- Payment received. 11/15/05 – Payment received. 4/20/06 – 0000 Payment received. 7/7/06 – Order Approving and Enforcing Mediation Agreement entered. 10/30/06 – Order Adjudging Defendants in Contempt served, setting 1/1/07 as compliance date or daily penalty of $250 thereafter. 11/13/06 – Order Adjudging Defendants in Contempt entered. Compliance with Contempt Order being monitored. SWFWMD v. 5th Judicial Circuit, D. Graziano/J. Complaint enforcing Final Order Complaint filed 7/7/03. 3/2/04 – Order Granting Plaintiff's Motion Danny J. Suggs, Sumter County/J. Pepper No. SWF 03-050 for Temporary Injunction entered. 5/11/04 – Order denying et al./Case No. Booth Defendants' Motion for Stay/Motion to Modify Injunction entered. 2003-CA-000724 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. 4/25/05 – Order Adjudging Defendants in Contempt entered. 8/31/05 – Order denying Plaintiff's Motion for Partial Summary Judgment entered. 5/18/06 – Order Granting Defendants' Amended Motion for Judicial Inspection, Order on Defendants'

15 Amended Motion for Evaluation of Defendants' Proposed Activity, and Order on Defendants' Motion to Modify Injunction entered. 7/28/06 – Order granting Plaintiff's Motion to Add Parties, etc. entered. 8/1/06 – Order on Motion to Modify Injunction After Considering the Party's Memoranda entered. 8/28/06 – Answer of new defendants served. 8/29/06 – Notice of Appeal of a Non-Final Order served. 2/13/07 – Order Granting Amended Motion for Protective Order entered. 3/15/07 – Objection to Entry of Qualified Protective Order; and Notice of Filing Neuropsychological Report served. 3/29/07 – Order on Ex Parte Motion for Qualified Protective Order entered. 10/8/07 – Order Setting Status Conference entered. Status Conference scheduled for 1/2/08. 11/1/07 – Motion for Leave to Appear Telephonically served. 11/6/07 - Order Granting Leave to Appear Telephonically entered. 12/3/07 – Notice of Taking Updated Deposition Duces Tecum served. 12/20/07 – Amended Notice of Taking Updated Deposition Duces Tecum (As to date only) served. 12/28/07 – Memorandum of Case Status served.

10 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

SWFWMD v. 13th Judicial Circuit, J. Ward Complaint to enjoin defendant to 5/31/05 – Complaint filed. 10/25/05 - Order entered granting Tomko Hillsborough complete activities required by District's Motion to Strike Affirmative Defenses. 2/13/06 - Development, Inc. County/Judge ERP Nos. 4419967.000, .001 (Southwell’s) Motion to Withdraw (as counsel for Tomko) served. and Built To The Nielson 7/13/06 - Order (granting Motion to Amend Complaint) entered. T, Inc./Case No. 8/2/06 - Defendant's Motion to Dismiss Count III of Amended 05-4689, Division Complaint served. 11/10/06 - Built To The T served. 12/29/06 – F Motion for Entry of Default Judgment, or in the Alternative, Motion to Strike Response of Defendant Built To The T, Inc. served. 1/23/07 – Defendant Built To The T, Inc.’s Answer and Affirmative Defenses to Amended Complaint served. 11/8/07 - Order Granting the McIntyre Law Firm, P.L.’s Motion to Withdraw as Counsel for Defendant, Built To The T, Inc. entered. 11/13/07 - Order Granting Motion to Withdraw as Counsel for Defendant Tomko entered. 12/6/07 - Order (denying) Defendant Tomko Development, Inc.’s Motion to Dismiss Count III of Amended Complaint; and Order (granting) Plaintiff’s Motion to Compel Defendant Tomko Development, Inc. to Produce Documents entered.

SWFWMD v. 6th Judicial Circuit, J. Ward Complaint and Petition for Complaint filed 11/5/03. 8/7/06 – Order granting Motion to Trimar Southeast Pasco County/W. Enforcement of Consent Order 16 Withdraw; and Order granting Third Motion for Extension of Time Developments, Cobb for ERP violations to Respond to Discovery entered. 6/6/07 – Return of Service (of Inc./Case No. Subpoena Duces Tecum for Deposition to R. Byrd served on 512003CA- 5/31/07) served. 6/11/07 - Return of Service (of Subpoena Duces 3209ES, Section Y Tecum for Deposition to J. Ryan served on 6/1/07) served. 9/7/07 - Notice of Taking Deposition Duces Tecum served. 10/24/07 - Notice of Taking Deposition (of corporate representative of Trimar) served. 10/26/07 - Amended Notice of Taking Deposition (of corporate representative of Trimar) served.

MISCELLANEOUS

Crowley Museum 12th Judicial Circuit, J. Ward Complaint for inverse 11/21/06 - Order Granting Leave to Amend the Complaint and Nature Center, Sarasota County/B. condemnation, trespass, nuisance entered. 12/11/06 - SWFWMD & SWFWMD Governing Board's Inc. v. SWFWMD, A. Titus and negligence Motion to Dismiss Fourth Amended Complaint served. 1/24/07 - et al./Case No. Defendant SWFWMD’s Amended Motion to Dismiss, Motion to 2002-CA- Strike, Motion for a More Definite Statement, and Supporting 015283NC Memorandum of Law served. 3/20/07 – Plaintiff’s Response to Defendant SWFWMD’s Amended Motion to Dismiss, Motion to Strike and Motion for a More Definite Statement served. 4/16/07 – Order Granting With Prejudice Defendant SWFWMD’s Amended Motion to Dismiss entered. 4/18/07 – (Crowley’s) Notice of Appeal filed. (See Appeals) 12/11/07 - Grainger Farms’ First Set of Interrogatories to Plaintiff and Accompanying First Request to Produce to Plaintiff served. 11 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

Ham, Lance H. 13th Judicial Circuit, E. Suit for damages and injunctive 11/10/05 – Summons and Complaint served. 11/21/05 – Plant and Norma G. Hillsborough County Kohlmyer/J. relief alleging inverse City's Motion to Dismiss for Failure to State a Cause of Action Ham v. City of /C. Isom Ward condemnation served. 12/13/05 – SWFWMD's Motion to Dismiss and/or Plant City, Motion to Abate and/or Motion for a More Definite Statement'; Hillsborough and Plaintiffs' Amended Complaint served. 1/3/06 – County and Hillsborough County's Motion to Dismiss Counts II and III of SWFWMD/Case Plaintiffs' Amended Complaint served. 1/10/06 – Defendant, No. 05-CA-9419 R SWFWMD's Answer and Affirmative Defenses to Plaintiff's Amended Complaint served. 1/17/06 – Defendant Plant City's Answer and Affirmative Defenses to Amended Complaint served. 7/27/07 - Third Amended Notice of Hearing on Defendant City of Plant City's Motion for Summary Judgment (Amended as to date) served. 8/22/07 - Amended Notice of Hearing on City’s Motion for Summary Judgment (on 11/19/07) served. 10/29/07 - Defendant City of Plant City’s Notice of Filing (deposition transcripts of the Hams, affidavits of Burke, Bruegger & Farrell); and Defendant City of Plant City’s Motion for Summary Judgment served. 10/30/07 - Defendant City of Plant City’s Notice of Filing of Amended Affidavit of Mark Farrell, P.E. served. 11/16/07 - Plaintiffs’ Response to City of Plant City’s Motion for Summary Judgment served. 11/16/07 - Defendant City of Plant City’s Memorandum of Law in Support of Motion for Summary Judgment served. 11/29/07 - Defendant

17 City of Plant City’s Motion to Dismiss for Fraud on the Court or in the Alternative, Motion to Strike Plaintiffs’ Affidavits and Memorandum of Law served. 12/7/07 - Defendant City of Plant City’s Response to Plaintiff’s Second Request for Production Numbered 1-2 and Dated October 29, 2007 served. 1/2/08 - Order Denying Defendant’s Motion for Summary Judgment and Order Denying Defendant City of Plant City’s Motion to Dismiss for Fraud on the Court or in the Alternative, Motion to Strike Plaintiff’s Affidavits and Memorandum of Law entered. 1/3/08 - Notice of Evidentiary Hearing (set for 2/13/08); Amended Notice of Evidentiary Hearing (as to time) served. 1/8/08 - Notice of Cancellation of Evidentiary Hearing served. th Hames, Cedar and 12 Judicial Circuit, D. Graziano Suit for damages alleging inverse 4/4/07 – Amended Complaint and Summons served. 4/23/07 - Nora H. Scholin v. Manatee County/P. /J. Ward condemnation State of Florida Department of Environmental Protection’s State of FL Dubensky Motion to Dismiss served. 5/16/07 - Order from Middle District of Department of Florida remanding case back to circuit court entered. 5/18/07 - Environmental SWFWMD’s Motion to Dismiss served. 5/24/07 - Notice of Protection and Hearing (on DEP’s & SWFWMD’s Motions to Dismiss – SWFWMD/Case scheduled for 7/18/07) served. 8/7/07 – SWFWMD's Answer No. 2007-CA- served. 8/9/07 - Plaintiffs’ Reply to Affirmative Defenses and 001649 Motion to Strike served. 8/15/07 - Defendant SWFWMD’s Motion for Summary Judgment and Memorandum of Law in Support of Defendant’s Motion served. 8/23/07 - (Plaintiff’s) Motion to Bifurcate served. 8/24/07 - Motion to Set Status Conference and 12 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

Bench Trial on Taking Issue; Notice of Hearing (on above Motion and Motion to Bifurcate); and Notice of Hearing (on SWFWMD’s Motion for Summary Judgment served. Hearing scheduled for 9/11/07. 8/30/07 - Amended Notice of Hearing (on SWFWMD’s Motion for Summary Judgment - set for 11/2/07) served. 9/18/07 - Order Scheduling Case for Non-Jury Trial (for week beginning 1/22/08); and Order of Referral to Mediation entered. 10/1/07 - Stipulation as to Mediator served. 10/12/07 - Defendant SWFWMD’s Amended Motion for Summary Judgment and Memorandum of Law in Support of Defendant’s Motion served. 10/17/07 - (Plaintiffs’) Motion for Partial Summary Judgment as to SWFWMD’s Liability for Taking Under Counts I, II, IV, V, VII, VIII, X, XI, XIII, XIV, XVII, XX and XXIII of Plaintiff’s Amended Complaint served; (Plaintiffs’) Notice of Filing (of affidavits of C. W. Haynes, Jr., W. C. Ward and D. West); and Notice of Court Ordered Mediation (set for 12/13/07) served. 10/31/07 - Notice of Rescheduled Hearing (on our Amended Motion for Summary Judgment - set for 11/8/07) served. 11/6/07 – Memorandum of Law in Opposition to Plaintiffs’ Motion for Summary Judgment served. 11/14/07 - Second Amended Order Scheduling Case for Non-Jury Trial (set for 1/23/08) entered. 12/7/07 - Plaintiffs’

18 Exhibit List served; Plaintiffs’ Witness List served. 12/7/07 - Order Denying Defendant’s Amended Motion for Summary Judgment; Order Granting Plaintiff’s Motion for Partial Summary Judgment as to SWFWMD’s Liability for Taking entered. 12/11/07 - Notice of Postponement of Mediation served. 12/13/07 - Unopposed Motion for Extension of Time to File Motion for Rehearing served. 12/14/07 - Plaintiffs’ Supplemental Witness served; Notice of Trial Issues served. 12/17/07 - Order Granting Unopposed Motion for Extension of Time to File Motion for Rehearing entered. 12/26/07 - Notice of Filing (affidavit of Robert S. Soklaski) served. 1/4/08 - Plaintiffs Cedar Hames’ and Nora S. Scholin’s Response in Opposition to Defendant’s Motion for Rehearing and Supporting Memorandum of Law and Motion to Strike Affidavit served.

Hewett, Carol v. U.S. District Court, J. Ward Suit for injunctive relief to compel 2/26/07 – Summons and complaint received via certified mail. SWFWMD, et al. Middle District of SWFWMD to conduct 3/16/07 – Defendant SWFWMD’s Motion to Dismiss Complaint Case No. 5:07-CV- Florida, Ocala/Wm. investigations into activities of the and Motion for More Definite Statement, and Incorporated 57-OC-10GRS Terrell Hodges, Sr. Rainbow River Ranch, LLC, and Memorandum of Law served. 3/28/07 - Plaintiff’s Motion for Stay District Judge and to enforce state laws and of Proceedings served. 5/8/07 - First Amended Complaint filed. Gary R. Jones, regulations 5/21/07 - Summons with First Amended Complaint served. Magistrate Judge 6/19/07 - Motion for Leave to Substitute Party Defendant; Notice of Change of Address; and Plaintiff’s Response to Motion to Dismiss served. 7/6/07 -Defendant’s Response to Motion for 13 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

Leave to Substitute Party Defendant, and Incorporated Memorandum of Law served. 8/8/07 - Order (granting Plaintiff’s Motion for Leave to Substitute Party Defendant to the extent that she is given leave to file a Second Amended complaint and denied in all other respects and denying as moot the District’s Motion to Dismiss First Amended Complaint and Motion for a More Definite Statement) entered. 8/23/07 - Order to Show Cause entered. 8/28/07 - Second Amended Complaint served. 9/4/07 – Plaintiff's Reply to Court's Order to Show Good Cause served. 9/13/07 - Summons and Second Amended Complaint served on D L Moore. 10/1/07 - Defendant’s Motion to Dismiss Second Amended Complaint, and Incorporated Memorandum of Law served. 10/12/07 - Plaintiff’s Response to Motion to Dismiss Second Amended Complaint and Memorandum of Law served. 1/7/08 - Notice of Voluntary Dismissal With Prejudice served.

Spirtos, Nicki v. Division of T. Suit regarding discharge from 3/16/07 – Petition for Formal Administrative Hearing filed. SWFWMD/Case Administrative Gonzalez public employment 4/23/07 - Petition for Formal Administrative Hearing (regarding Nos. 07-1617 and Hearings/J. Clark Whistleblower complaint) filed. 5/7/07 – Initial Order and Order 07-1949 Consolidating Cases entered. 5/16/07 – Response to Petition for Formal Administrative hearing ("Name Clearing"); and

19 Response to Petition for Formal Administrative Hearing ("Whistleblower Complaint") served. 5/23/07 – Order Continuing Case in Abeyance entered. 6/1/07 – (Petitioner's) Response to May 23, 2007 Order; and Respondent's Legal Brief served. 6/5/07 – Order (that cases shall remain consolidated and mutually agreeable dates for hearing shall be served by 6/19/07) entered. 6/19/07 – Joint Response Regarding Proposed Dates for Final Hearing served. 6/21/07 – Notice of Hearing; and Order of Pre-Hearing Instructions entered. 7/9/07 – (Florida Commission on Human Relations') Notice of Termination of Investigation (regarding Whistleblower Complaint) filed. 10/18/07 – Petitioner's Motion for Entry onto SWFWMD Property to Inspect Documents and to Depose Witnesses; and Respondent's Response to Petitioner's Interrogatories served; Case Status Motion Hearing held and Order entered. 10/23/07 – Respondent's Emergency Motion for Protective Order and Respondent's Motion for Emergency Hearing on Protective Order served. 10/30/07 – Respondent's Pre-Hearing Statement; (Petitioner's) Motion to Continue Final Hearing and Compel Discovery; and Petitioner's Prehearing Statement served. 10/31/07 – Order Denying Continuance of Final Hearing entered; and (Respondent's) Response to Motion to Continue Final Hearing and Compel Discovery served. 11/2/07 – Notice of Appearance; Notice of Serving Answers to 14 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

Interrogatories; and Petitioner's Prehearing Statement served. 11/5/07 – Pre-Hearing Conference held. 11/6/07 – Order Granting Continuance (parties to advise status by 12/6/07) entered. 12/6/07 – Joint Motion to Set Final Hearing served. 12/17/07 – Respondent's First Requests for Admission to Petitioner served. 12/31/07 – Order Re-Scheduling Hearing entered. (Hearing set for 3/11 – 13/08). SWFWMD v. 5th Judicial Circuit, F. Miller/J. Complaint for Declaratory Complaint filed and Summons served 3/31/04. 4/2/04 – Weeki Wachee Hernando Ward/ B. Judgment regarding lease (SWFWMD's) First Amended Complaint for Declaratory Springs, LLC, et County/W. Swigert Bilenky Judgment and Plaintiff's Motion to Consolidate served. 7/18/04 al./Case No. H-27- – Order Denying Motion to Dismiss Complaint entered. 8/17/04 CA-2004-366-RT – 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. 1/5/05 - Notice of Mediation served. Continued mediation held on 2/3/05. 2/14/05 – (SWFWMD's) Motion to

20 Dispense with Florida Governmental Conflict Resolution Act served. 2/21/05 – Defendants' Response in Opposition to Plaintiff's Motion to Dispense with Florida Governmental Conflict Resolution Act served. 5/3/05 - Motion to Abate Action Pursuant to Sections 164.101 – 164.1061, F.S., the Florida Governmental Conflict Resolution Act served. 5/19/05 – Plaintiff's Memorandum in Response to Defendants' Motion to Abate served. 6/28/05 - City's Supplemental Memorandum, Both: (a) in Opposition to SWFWMD's Motion to Dispense with Florida Governmental Conflict Resolution Act; and (b) in Support of City's Motion to Abate Action Pursuant to §§164.101 – 164.1061, Fla. Stat., the Florida Governmental Conflict Resolution Act served. 6/29/05 – Order Granting Motion to Withdraw entered. 7/6/05 – Order imposing stay of proceedings until conclusion of Circuit Court Appellate Panel entered. 8/5/05 – Mediation Results Report filed. 8/11/05 – Motion to Quash Plaintiff's Notice of Hearing for August 29, 2005, and Notice of Hearing served. 12/12/05 – Defendants' Response to Plaintiff's Memorandum in Support of Plaintiff's Motion to Dispense with Florida Governmental Conflict Resolution Act served. 12/14/05 – Hearing on Motion to Dispense with Florida Governmental Conflict Resolution Act held. 1/23/06 – Motion for Reconsideration of Ruling Establishing Logistical Requirements

15 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

for Joint Public Meeting; and Notice of Hearing served. (Hearing conducted on 2/3/06). 2/1/06 – Plaintiff's Motion for Rehearing; and Notice of Filing served. 2/3/06 – Order (a) Granting Defendant's Motion to Abate Action; (b) Denying Plaintiff's Motion to Dispense with Florida Governmental Conflict Resolution Act; and (c) Establishing Logistical Guidelines for Joint Public Meeting entered, and Notice of Filing served. 3/9/06 – Notice of Meeting Pursuant to This Court's Order Dated February 3, 2006 served. 4/25/06 – Meeting to negotiate settlement pursuant to Court's Order. 5/12/06 – Notice of Compliance with Chapter 164, F.S., and Motion to Re-Institute Court Proceedings served. 5/30/06 – The City of Weeki Wachee's: (a) Objection to the SWFWMD's Notice of Compliance with Chapter 164, F.S., and Motion to Reinstitute Court Proceedings; and (b) Motion for Order Requiring that Compliance with the Florida Governmental Conflict Resolution Act Be Recommenced served. 6/20/06 – Order Re-Instating Court Proceedings entered. 7/20/06 – (Defendants') Motion for Award of Attorneys' Fees served. 8/24/06 – Motion for Order Reconsidering Order Declining to Enforce Ch. 164, F.S., with Incorporated Memorandum of Law 21 in Support Thereof and Notice of Filing served. 8/30/06 – Showing of Good Cause, and Motion to Consolidate (with Case No. H-27-CA-2005-552-RT) served. 9/5/06 - Order Denying Motion for Order Reconsidering Order Declining to Enforce Ch. 164, Fla. Stat., With Incorporated Memorandum of Law in Support Thereof entered. 12/14/06 – Order Scheduling Case Management Conference entered. 12/18/06 – Amended Order Scheduling Case Management Conference entered. 1/25/07 - District's Response to Case Management Order served. 1/26/07 – Case Management Statement by Weeki Wachee Springs, LLC and City of Weeki Wachee served. 1/28/07 – Motion to Dismiss First Amended Complaint for Declaratory Judgment for Failure to State a Cause-Of-Action, and Memorandum of Law in Support Thereof served. 2/8/07 – Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss First Amended Complaint for Declaratory Judgment served. 2/13/07 – Order Denying Defendant's Motion to Dismiss entered. 2/21/07 – Order Pursuant to Case Management Conference entered. 2/23/07 – Motion for Reconsideration of February 13, 2007, Order Denying Defendants' Motion to Dismiss served. 3/8/07 – Plaintiff's Response to Defendants' Motion for Reconsideration of February 13, 2007 Order Denying Defendant's Motion to 16 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

Dismiss served. 3/14/07 – Notice of Unexplained Pleading entered. 3/16/07 – Plaintiff's Response to Notice of Unexplained Pleading served. 4/18/07 - Plaintiff's Amended Motion for Default served. 4/20/07 – Response to Plaintiff's Amended Motion for Default served. 4/30/07 – Notice of Hearing (on Plaintiff's Amended Motion for Default and Motion to Compel) served. Hearing scheduled for 5/11/07. 5/2/07 – Order denying Defendants' Motion for Reconsideration of February 13, 2007 Order Denying Defendants' Motion to Dismiss entered. 5/4/07 – Motion to Strike Plaintiff's Amended Motion for Default and Quash Notice of Hearing Thereon; Notice of Hearing on Motion to Strike Plaintiff's Amended Motion for Default and Quash Notice of Hearing Thereon; Motion to Compel Production of Documents; and Notice of Hearing on Motion to Compel Production of Documents served. 5/7/07 – Order denying Defendants' Motion to Strike Plaintiff's Amended Motion for Default and Quash Notice of Hearing Thereon entered. 5/9/07 – Amended Notice of Hearing on Motion to Compel Production of Documents served. 5/10/07 – Plaintiff's Witness List; Defendants'/Counter Plaintiffs' Preliminary Witness List; and Verified Answer, Affirmative 22 Defenses, Counterclaim, Demand for Attorneys' Fees, and Demand for Jury Trial of Weeki Wachee Springs, LLC, and the City of Weeki Wachee, Regarding the First Amended Complaint for Declaratory Relief of the SWFWMD served. 5/11/07 – Amended Notice of Hearing (cont'd); Motion to Reconsider May 7, 2007, Order on Defendants' Motion to Strike Plaintiff's Amended Motion for Default and Quash Notice of Hearing Thereon; and Notice of Hearing served. 5/14/07 – Amended Notice of Hearing (as to Date and Time) served. 5/15/07 – Motion for Clarification of Deadline to File Dispositive Motions; Notice of Hearing served; and Amended Order denying Defendants' Motion to Strike Plaintiff's Amended Motion for Default and Quash Notice of Hearing Thereon Correcting Misstatements Contained Therein entered. Hearing on motions held 5/15/07. 5/18/07 – Order Regarding Consolidation and Abatement entered. 5/21/07 – Verified Motion for Disqualification of Judge; and Affidavit of Robyn A. Anderson served. 5/29/07 Order Granting Plaintiff's Motion to Compel Discovery entered. 5/30/07 – Order Granting Verified Motion for Disqualification of Judge entered. 5/31/07 – Motion for Reconsideration of Order Granting Plaintiff's Motion to Compel Discovery served. 6/4/07 – Plaintiff/Counter- Defendant's Motion for Summary Judgment; (SWFWMD's) 17 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

Notice of Filing (deposition of Robyn Anderson); Denial of Affirmative Defenses; Answer to Counterclaim; and Plaintiff/Counter Defendant's Motion to Strike Certain Portions of Defendants/Counter Plaintiffs' Verified Answer and Affirmative Defenses served. 6/4/07 – Order of Reassignment entered. 6/21/07 – (Weeki Wachee's) Objection to Entry of Proposed Order; and Verified Weeki Wachee Springs, LLC, and City of Weeki Wachee Motion for Summary Final Judgment, and Memorandum of Law in Support Thereof served. 6/22/07 – Order Setting Case Management Conference entered. Set for 7/27/07. Memorandum to Court File and to Attorneys/Pro Se Parties of Record entered. 6/29/07 – Notice of Hearing (regarding Plaintiff's Motion for Summary Judgment and Plaintiff's Motion to Strike scheduled for 7/27/07); and Notice of Scheduling Conflict with Order Setting Case Management Conference served. 6/30/07 – LLC's and City's Motion to Strike Footnote No. 1 from SWFWMD's Denial of Affirmative Defenses; LLC's and City's Motion to Strike Plaintiff/Counter Defendant's Motion for Summary Judgment; LLC's and City's Motion for Leave to Amend Counterclaim to Clarify Requested Relief; and Amended Counterclaim, Demand 23 for Attorneys' Fees, and Demand for Jury Trial of Weeki Wachee Springs, LLC, and the City of Weeki Wachee served. 7/1/07 – LLC's and City's Motion to Quash Notice of Hearing served. 7/5/07 – SWFWMD's letter to judge objecting to proposed order granting Defendants' Motion for Leave to Amend Counterclaim served. 7/9/07 – Plaintiff's Response Opposing Defendants' Motion for Leave to Amend Counterclaim served. 7/11/07 – Order Rescheduling Case Management Conference and Order on Pending Motions (rescheduled for 8/16/07) served. 7/13/07 – Second Request by the LLC and the City for Production of Documents and Things by SWFWMD served. 7/16/07 – Amended Notice of Hearing (scheduled for 8/16/07 on Plaintiff's Motion for Summary Judgment and Plaintiff's Motion to Strike) served. 7/20/07 – Notice of Hearing (scheduled for 8/16/07 on Defendants' Motion for Leave to Amend Counterclaim to Clarify Requested Relief) served. 7/27/07 – Notice of Hearing (scheduled for 8/16/07 on Defendants' June 21, 2007, Verified Weeki Wachee Springs, LLC and City of Weeki Wachee Motion for Summary Final Judgment, and Memorandum of Law in Support Thereof, and Plaintiff's Motion for Summary Final Judgment dated Dec. 7, 2004) served. 8/3/07 – Notice of Hearing (scheduled for 8/16/07 on various Defendants' 18 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

Motions) served. 8/9/07 – LLC's and City's Motion to Quash Notice of Hearing Regarding the SWFWMD's Motion for Summary Judgment, and Memorandum of Law in Support Thereof served. 8/10/07 – Plaintiff/Counter-Defendant's Memorandum of Law in Opposition to the Motion for Summary Final Judgment and Cross Motion for Summary Final Judgment served. 8/14/07 – Notice of Filing Affidavits, LLC's and City's Motion for Leave to Amend Affirmative Defenses, Verified Amendment to Affirmative Defenses of the LLC and the City, Memorandum of Law: (a) In Support of LLC's and City's Motion to Strike Plaintiff/Counter-Defendant's Motion for Summary Judgment; and (b) In Opposition to Plaintiff/Counter- Defendant's Motion for Summary Judgment, LLC's and City's Verified Motion to Strike Plaintiff/Counter Defendant's Cross- Motion for Summary Judgment, and Memorandum in Support Thereof, and Notice of Hearing (for 8/16/07) served. 8/16/07 – Plaintiff's Response to Defendants' Second Request for Production of Documents served. 8/17/07 – (Defendants') Response to the Court's Request for Additional Authority and Second Motion to Compel Discovery, and Memorandum of Law in Support Thereof served. 8/27/07 – Plaintiff/Counter- 24 Defendant's Memorandum in Response to Weeki Wachee Springs, LLC's and the City of Weeki Wachee's Thirteenth Affirmative Defense, and to Weeki Wachee Springs, LLC's and the City of Weeki Wachee's Motion to Strike Plaintiff/ Counter- Defendant's Motion for Summary Judgment served. 9/6/07 – Reply and Memorandum of Law of Weeki Wachee Springs, LLC and City of Weeki Wachee to Plaintiff/Counter-Defendant's Memorandum in Response to Weeki Wachee Springs, LLC's and the City of Weeki Wachee's Thirteenth Affirmative Defense, and to Weeki Wachee Springs, LLC's and the City of Weeki Wachee's Motion to Strike Plaintiff/ Counter-Defendant's Motion for Summary Judgment served. 9/6/07 – Order of Referral to Mediation served. 10/10/07 – Notice of Mediation (scheduled for 10/23/07). 10/17/07 – Amended Notice of Mediation (as to time and location only); (SWFWMD's) Mediation Memorandum; and Mediation Memorandum of Weeki Wachee Springs, LLC and City of Weeki Wachee served. 10/18/07 – Plaintiff/Counter-Defendant's Amended Mediation Memorandum served. 10/22/07 – Supplement to Mediation Memorandum of Weeki Wachee Springs, LLC, and City of Weeki Wachee served. 10/24/07 – Confirmation that mediation will reconvene on 11/5/07. 11/2/07 – Confirmation of rescheduling mediation conference to 11/16/07. 11/7/07 – 19 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

Notice of Continuation of Mediation served. 11/17/07 – Notice of Non-Availability served. 11/27/07 – Amended Notice of Continuation of Mediation served. Mediation held on 12/10/07. Continuation of mediation to be held 12/14/07. Mediation status conference held on 1/10/08. Trinkaus, Regina 5th Judicial Circuit, F. Miller/L. Complaint for breach of contract 2/26/07 – Complaint served. 3/16/07 – Defendant’s Motion to v. SWFWMD/Case Hernando County/D. Tetreault Dismiss Plaintiff’s Complaint for Failure to State a Cause of No. H27CA2007- Merritt, Sr. Action, or, Alternatively, Motion for More Definite Statement, 175 and Memorandum of Law served. 6/21/07 - Defendant’s Reply Memorandum served. 10/2/07 - Order (granting SWFWMD's Motion to Dismiss without prejudice) entered. 10/02/07 - Amended Complaint served. 10/19/07 - Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint for Failure to State A Cause of Action and Memorandum of Law served. 11/26/07 - Plaintiff’s Memorandum in Opposition to Defendant’s Motion to Dismiss the Amended Complaint served. 12/18/07 - Plaintiff’s Counter Motion for Section 57.105 Sanctions and Incorporated Memorandum of Law served. Weeki Wachee Hernando County F. Miller/J. Complaint for declaratory 3/28/07 – Complaint and summons served. 4/5/07 – Springs, LLC v. Circuit/ Ward judgment regarding lease 25 K. Defendant's Motion for Sanctions Pursuant to Section SWFWMD/Case Hitzemann 57.105(3), F.S., served. 4/16/07 – Defendant's Motion to No. H-27-CC- Dismiss or Strike Complaint served. 4/27/07 – Defendant's 2007-322 Motion for Sanctions Pursuant to Section 57.105(3), F.S., filed. 7/10/07 – Amended Complaint for Declaratory Judgment Regarding Non-Monetary Disputes Between Landlord and Tenant Relating to the Use and/or Possession of Real Property served. 7/13/07 – First Request by the LLC for Production of Documents and Things by SWFWMD served. 7/20/07 – Defendant's Motion to Dismiss or Strike Amended Complaint served. APPEALS

Crowley Museum Second District J. Ward Appeal of order granting with 4/18/07 – (Crowley’s) Notice of Appeal filed. 5/31/07 - Index to and Nature Center, Court of Appeal prejudice SWFWMD's Amended Record filed served. 6/28/07 - Initial Brief of Appellant served Inc. v. SWFWMD, Motion to Dismiss (with Appendices). 8/13/07 - Appellant’s Motion to Supplement et al./Case No. . the Record with Order on Motion for Clarification served. 8/31/07 2D07-2013 - Appellant’s Motion to Amend the Initial Brief (with Amended Initial Brief of Appellant) served. 9/4/07 - Supplemental Index served. 9/10 /07 - Appellant Nature Center’s Motion for Leave to File Reply to District’s Response to Motion for Leave to File An Amended Initial Brief served. 9/13/07 - Revised Supplemental Index. 10/5/07 - SWFWMD’s Agreed Motion for Enlargement of Time to File Answer Brief served. 10/26/07 - Appellant’s Motion 20 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 1/10/08)

for Leave to File 25 Page Reply Brief served. 10/31/07 - Order Authorizing Longer Brief entered. 11/5/07 - Reply Brief of Appellant Crowley Museum and Nature Center, Inc. served; Appellant’s Request for Oral Argument served. 1/4/08 - Supplemental Index #2 served.

L:\PRIVATE\Jan Kaesemeyer\Litigation Reports\2008LitRpts\LitigationRptJan08.doc 26

21 Item 75

RULEMAKING UPDATE January 2008

PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS AUTHORIZED INITIATION OF RULEMAKING

Rule Initiation Next Scheduled Projected Date Action Board Approval Date 1. (40D-1.603, 40D-2.091, 40D-2.361) Nov 2007 Effective N/A Rulemaking to clarify timeliness of Approximately renewal applications Apr 2008 2. (40D-1.607, 40D-1.659, 40D-4.331, 40D- Nov 2007 Effective N/A 40.331) Rulemaking to adopt Approximately application form for minor Apr 2008 Environmental Resource Permit modifications and allow extension of permit duration without fee 3. (40D-1.659) Rulemaking to amend Nov 2007 Effective N/A rules to incorporate supplemental Approximately Environmental Resource Permit Apr 2008 application forms addressing homeowner and property owner association documentation requirements 4. (40D-1.659) Rulemaking to adopt Nov 2007 Effective N/A electronic transaction agreement for Approximately use by permit applicants filing permit Apr 2008 applications electronically 5. (40D-1.659, 40D-2.091) Rulemaking to Nov 2007 Effective N/A incorporate by reference revised Approximately information submittal requirements Apr 2008 for small general water use permit renewal and modification applications 6. (40D-2) Rulemaking to adopt Oct 2006 Effective N/A amendments to address Central Approximately Florida Coordination Area (CFCA) Feb 2008 issues 7. (40D-2.091) Rulemaking to expand Jan 2007 Governing TBA SWUCA per capita requirements Board District-wide Jan 2008 8. (40D-2.091) Rulemaking to enhance Apr 2007 TBA TBA public supply water conservation requirements 9. (40D-2.091, BOR 1.14) Rulemaking to Nov 2007 Effective N/A repeal Section 1.14, Permit Approximately Compliance, of the WUP Information Apr 2008 Manual Part B, Basis of Review

27 Item 75

Rule Initiation Next Scheduled Projected Date Action Board Approval Date 10. (40D-2.091, BOR 6) Amend rule to Oct 2007 Effective N/A conform BOR Chapter 6, WUP Approximately Standard Condition 16 to Rule 40D- Apr 2008 2.381(3)(p); amend rule to update permit reporting condition in BOR 11. (40D-2.091, 40D-2.801, BOR 7.3) Nov 2007 Effective N/A Rulemaking to delete discretionary Approximately language and correct the legal Apr 2008 description of the NTBWUCA 12. (40D-2.301) Rulemaking to clarify the Sep 2007 Governing Jan 2008 type of ERP required prior to Board obtaining a WUP Jan 2008 13. (40D-2.321, BOR 1.9) Rulemaking to Jul/Aug Governing Feb 2008 provide for a 20-year permit for uses 2006 Board with both traditional and AWS Feb 2008 sources, 5 year compliance review, population growth report and establish permit fee 14. (40D-4.091) Rulemaking to incorporate Oct 2005 TBA TBA clarifying language in the water quantity section of the ERP BOR 15. (40D-4.091) Amendments to ERP BOR Oct 2007 Effective N/A Appendix 4 regarding mitigation Approximately banks; amendments to allow multiple Apr 2008 authorizations on mitigation bank credit withdrawals 16. (40D-4.091) Rulemaking to incorporate Nov 2007 Effective N/A by reference Operating Agreement Approximately between the USACOE and SWFWMD, Apr 2008 pursuant to programmatic general permit (PGP) PGP-SAJ-95 17. (40D-8.041) Rulemaking to add Nov 2005 Governing TBA minimum flows for the freshwater Board segment of the Alafia River Public Hearing Jan 2008 18. (40D-8.041) Rulemaking to add Dec 2007 Effective N/A minimum flows for Braden River Approximately Mar 2008 19. (40D-8.041) Rulemaking to add Dec 2007 Effective N/A minimum flows for upper Approximately Hillsborough River and Crystal Mar 2008 Springs 20. (40D-8.624) Rulemaking to add Nov/Dec Governing Jan 2008 minimum levels for Lakes Iola, 2006 Board Jessamine, Pasco, Pierce, and Final Approval Unnamed Lake No. 22 (also known as Jan 2008 Loyce) in Pasco County

28 Item 75

Rule Initiation Next Scheduled Projected Date Action Board Approval Date 21. (40D-8.624) Rulemaking to add Nov/Dec TBA TBA minimum levels for Lake Crews in 2006 Pasco County 22. (40D-8.624) Rulemaking to add Oct 2007 Effective N/A minimum levels for Lakes Annie, Approximately Bonnie, Dinner, Lee, Mabel, Starr and Jan 2008 Venus in Polk County 23. (40D-8.624) Rulemaking to add Dec 2007 Effective N/A minimum levels for Lakes Angelo, Approximately Denton, Placid, Tulane and Verona in Mar 2008 Highlands County; Lakes King, King (East) and Linda in Pasco County; and Crooked Lake in Polk County 24. (40D-8.624) Rulemaking to repeal the Oct 2007 Effective N/A 10-year flood levels Approximately Mar 2008 25. Rulemaking to adopt the District’s Oct 2006 Governing Jul 2008 Program “Facilitating Agricultural Board Resource Management Systems” Jul 2008 (FARMS)

30 H. Reports Items 76 – 80

Governing Board Meeting January 29, 2008

Reports

76. Industrial Advisory Committee Liaison Report

The Committee met on January 8, 2008, and Ms. Closshey is the Board’s liaison.