Governing Board Meeting

\ Governing Board Meeting

Agenda and Meeting Information

December 18, 2007 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

DECEMBER 18, 2007 9:00 a.m.

K All meetings are open to the public. J

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 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,DECEMBER 18, 2007

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. District Recognition – Award from North American Lake Management Society MEETING NOTIC for Research Related to Minimum Flows and Levels SWFWMD GOVERNING BOARD AGENDA -2- DECEMBER 18, 2007

5. Employee Recognition 6. Public Input for Issues Not Listed on the Published Agenda

CONSENT AGENDA (TAB B)

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 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 28. Electrical Power Plant Site Certification – SWFWMD Agency Report on Progress Energy Florida's Crystal River Nuclear Unit 3 Uprating – Citrus County 29. Electrical Transmission Line Certification – SWFWMD Agency Report on Tampa Electric Company's Willow Oak-Wheeler-Davis Transmission Line – Hillsborough and Polk Counties Resource Management & Development Committee 30. Five-Year Water Resource Development Work Program 31. Resolution Requesting Encumbrance of Funds 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 33. Utility Easement to the DeSoto County Utilities Department – RV Griffin Reserve, SWF Parcel No. 20-223-127X 34. Facilitating Agricultural Resource Management Systems (FARMS) Program a. Citrus Creek Grove, LLC – Charlotte County b. Walters Grove – Charlotte County c. Keystone Groves, LLC – DeSoto County d. Twenty-Twenty Groves, Inc. – Hardee County e. Hopewell Business Center, LLC – Hillsborough County f. Spring Valley Tree Farm, Inc. – Hillsborough County g. McClure Properties, LTD – Manatee County SWFWMD GOVERNING BOARD AGENDA -3- DECEMBER 18, 2007

35. Peace River Regional Reservoir Expansion and Peace River Facility Expansion 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 37. 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 39. Continue Public Hearing Requested by James P. Gills, Trustee, on Proposed Minimum and Guidance Levels for Crews Lake in Pasco County Finance & Administration Committee 40. Board Travel 41. Budget Transfer Report General Counsel’s Report 42. Consent Order – ERP No. 44025778.003 – Cameron-Wingate Development, LLC 43. Consent Order – Surface Water Activity - David R. Spiker, Pamela J. Spiker and AAA Top Quality Asphalt, L.L.C. – Polk County Executive Director’s Report 44. Approval of Minutes – November 26, 2007 Governing Board Meeting

REGULATION COMMITTEE (TAB C)

Discussion Items 45. Consent Item(s) Moved for Discussion 46. Enhanced Public Supply Water Conservation 47. Water Conserving Rate Structure Requirements, Programs and Implementation 48. Water Shortage Rule – Variance Provisions for Local Plans 49. Water Shortage Actions – Peace River/Manasota Regional Water Supply Authority and the Potential Need for Additional Conservation Actions Submit & File Reports– None Routine Reports 50. Demand Management 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

RESOURCE MANAGEMENT &DEVELOPMENT COMMITTEE (TAB D)

Discussion Items 56. Consent Item(s) Moved for Discussion 57. Adopt Recommended Changes to Governing Board Policy 130-4, Cooperative Funding Initiative 58. Tampa Bay Estuary Program Submit & File Reports – None Routine Reports 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 SWFWMD GOVERNING BOARD AGENDA -4- DECEMBER 18, 2007

FINANCE &ADMINISTRATION COMMITTEE (TAB E)

Discussion Items 65. Consent Item(s) Moved for Discussion 66. Financial and Budget Update 67. District Climate Change Initiative Status Report 68. Strategic Systems and Water Management Information System Initiative Semi-Annual Update Submit & File Report 69. Treasurer's Report, Payment Register, and Contingency Reserves Report Routine Report 70. Management Services Status Report

OUTREACH &PLANNING COMMITTEE (TAB F)

Discussion Items 71. Consent Item(s) Moved for Discussion 72. Florida Department of Environmental Protection Surface Water Quality Classification System Submit & File Report 73. Legislative Update Routine Reports 74. Significant Activities Report 75. Speakers Bureau 76. Comprehensive Plan Amendment and Related Reviews Report 77. Review of Developments of Regional Impact

GENERAL COUNSEL’S REPORT (TAB G)

Discussion Items 78. Consent Item(s) Moved for Discussion Submit & File Reports – None Routine Reports 79. Litigation Summary and Report 80. Rulemaking Update

REPORTS (TAB H)

81. Basin Board Land Resources Committee 82. Executive Director’s Report 83. Chair’s Report – Performance Evaluations of the Executive Director and Inspector General

RECESS PUBLIC HEARING

ANNOUNCEMENTS

x Governing Board Meeting and Workshop Schedule: Meeting – Brooksville ...... January 29, 2008 Meeting – Brooksville ...... February 26, 2008 Meeting – Tampa ...... March 25, 2008 x 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 SWFWMD GOVERNING BOARD AGENDA -5- DECEMBER 18, 2007

Manasota – Sarasota ...... February 13, 2008 Withlacoochee River – Brooksville ...... February 14, 2008 Coastal Rivers – Weeki Wachee ...... February 14, 2008 x Joint Governing and Basin Boards Planning Workshop – Thonotosassa ..... February 22, 2008 x Basin Board Education Committee – Tampa ...... March 11, 2008 x Basin Board Land Resources Committee – New Port Richey ...... March 20, 2008 x Advisory Committee Meeting Schedule: Industrial – Tampa ...... January 8, 2008 Public Supply – Tampa ...... January 8, 2008 Well Drillers – Tampa ...... January 16, 2008 Green Industry – Tampa ...... February 28, 2008 Agricultural – Tampa ...... February 28, 2008 Environmental – Tampa ...... March 10, 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 August 2007

RESOURCE MANAGEMENT AND REGULATION COMMITTEE DEVELOPMENT 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 December 18, 2007

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. District Recognition – Award from North American Lake Management Society for Research Related to Minimum Flows and Levels ...... 3

5. Employee Recognition ...... 4

6. Public Input for Issues Not Listed on the Published Agenda ...... 6 Items 1 - 2 - 3

Governing Board Meeting December 18, 2007

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 December 18, 2007

District Recognition

Award from North American Lake Management Society for Research Related to Minimum Flows and Levels

The North American Lake Management Society (NALMS) recognized the St. Johns River Water Management District (SJRWMD) and the Southwest Florida Water Management District (SWFWMD) 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.

In presenting the award, the Society's outgoing president, Dr. Ken Wagner, noted that Florida's five water management Districts have been legislatively mandated to set minimum flows and levels (MFLs) on waterbodies within the state. It was recognized that the water management districts have collectively set MFLs, or environmental flows as they are known in the scientific literature, on over 200 waterbodies statewide, producing at least that many technical reports, as well as numerous scientific papers that have appeared in peer reviewed journals. He also noted that the development of MFLs has spawned considerable research on a diverse range of topics including climatic cycles and habitat requirements of selected aquatic species including fish, macroinvertebrates and manatees. Dr. Wagner further noted that two water management districts in particular, the SJRWMD and the SWFWMD, have generated a large volume of work and were nominated for a Technical Merit Award for Research. Doug Leeper, Chief Environmental Scientist in the Ecologic Evaluation Section, accepted the award on behalf of the District.

The North American Lake Management Society is a nonprofit group whose mission is to forge partnerships among citizens, scientists, and professionals to foster the management and protection of lakes and reservoirs for today and tomorrow. The Society publishes an international peer reviewed journal, The Journal of Lake and Reservoir Management.

Staff Recommendation:

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

Presenter: Martin H. Kelly, Ph.D., Interim Director, Resource Conservation & Development Department

3 Item 5

Governing Board Meeting December 18, 2007

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 fourteen employees that have achieved longevity milestones for the period of November 1, 2007 to December 31, 2007 and two retirees.

Employee Recognition – Service/Retirement

Employee Office Milestone Title Department Name Location

Tom Cappuccio Fleet Maintenance Technician 2 General Services Brooksville Retirement Dan DeWitt Survey Coordinator Land Resources Brooksville

30 Years Charlotte Davis Administrative Supervisor Brooksville Regulation Brooksville

25 Years None for this meeting.

Dave Dunnett Senior Field Technician Operations Brooksville Glenn Hoffmann Senior Tradesworker General Services Brooksville Marty Kelly Environmental Manager Res.Conservation.& Dev. Brooksville 20 Years Will Miller Land Use & Protection Manager Land Resources Brooksville Philip Rhinesmith Senior Environmental Scientist Resource Management Brooksville Dave Sauskojus Senior Environmental Scientist Brooksville Regulation Brooksville

15 Years Rich Schultz Sr. Professional Geologist/Eng. Res.Conservation.& Dev. Brooksville

Brian Armstrong Water Supply & Res. Dev. Mgr. Res.Conservation & Dev. Brooksville 10 Years Ed Bozman Sr.Regulation Processing Spec. Tampa Regulation Dept. Tampa

Charlie Bitter Senior Project Manager Information Resources Brooksville Thomas Hackney Senior Field Technician Brooksville Regulation Brooksville 5 Years Stephanie Powers Staff Environmental Scientist Resource Management Tampa Shelia Roush Senior Fiscal Assistant Finance Brooksville

4 Item 5

The District also welcomes and congratulates new members of its management team and provides the Board the opportunity to welcome these new members of management. We have one new manager for the period of June 26, 2007 to November 6, 2007.

Employee Recognition – New Water Use Regulation Manager

Employee Office Title Department Name Location

Promotion Paul Williams Water Use Regulation Manager Brooksville Regulation Brooksville

Staff Recommendation:

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

Presenter: David L. Moore, Executive Director

5 Item 6

Governing Board Meeting December 18, 2007

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 December 18, 2007

Consent Agenda

Regulation Committee -- Environmental Resource Permits 7. ERP No. 43032695.000 - The Preserve at Charlotte Harbor – Charlotte County .... 3 8. ERP No. 43033161.000 - Jack’s Branch Subdivision – Charlotte County ...... 8 9. ERP No. 46031947.000 - Drew Park Townhomes (DENIAL) – Hillsborough County ...... 14 10. ERP No. 43030040.000 - Estuary Golf Estates – Manatee County ...... 16 11. ERP No. 43023781.018 - Concord Station Sunlake Boulevard North of Mentmore – Pasco County ...... 22 12. ERP No. 43023781.022 - Concord Station Sunlake Boulevard from SR 54 to Mentmore Boulevard – Pasco County ...... 34 13. ERP No. 43028022.001 - Legacy Hills – Pasco County ...... 45 14. ERP No. 43029915.002 - McAlpin Excavation – Pinellas County ...... 55 15. ERP No. 49000887.089 - Trammell Crow Residential at Lakeside Village – Polk County ...... 63 16. ERP No. 43027132.001 - Hunterfield Wetland Mitigation Relocation – Polk County ...... 72 17. ERP No. 49028690.001 - Lakeland Central Park - Conceptual – Polk County ...... 80 18. ERP No. 49028690.002 - Lakeland Central Park – Polk County ...... 88 19. ERP No. 49029630.002 - The Meadows – Polk County ...... 101 20. ERP No. 43030664.000 - Loughman Crossing at County Road 54 – Polk County ...... 107 21. ERP No. 43031157.000 - Waterside East – Sarasota County ...... 112 22. ERP No. 43032133.001 - Cocoplum Village Shops – Sarasota County ...... 124 Regulation Committee -- Water Use Permits 23. WUP No. 20000985.007 - Balm Farm/Diehl Family Limited Partnership and Belmont, LLC – Hillsborough County ...... 135 24. WUP No. 20001415.009 - Plant City Phosphate Complex/C.F. Industries, Inc. – Hillsborough County ...... 144 25. WUP No. 20007345.005 - Mosaic Fertilizer, LLC and Manatee County – Manatee County ...... 155 26. WUP No. 20011440.002 - Bear Bay East/John Falkner – Manatee County ...... 166 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 ...... 178 28. Electrical Power Plant Site Certification – SWFWMD Agency Report on Progress Energy Florida's Crystal River Nuclear Unit 3 Uprating – Citrus County ...... 190 29. Electrical Transmission Line Certification – SWFWMD Agency Report on Tampa Electric Company's Willow Oak-Wheeler-Davis Transmission Line – Hillsborough and Polk Counties ...... 192 Resource Management & Development Committee 30. Five-Year Water Resource Development Work Program ...... 194 31. Resolution Requesting Encumbrance of Funds within the Water Management Lands Trust Fund for Lake Hancock Preacquisition Costs ...... 196 32. Interlocal Agreement with Pasco County, Appraisals, Purchase/Sale Agreement and Resolution Requesting Funds – Weekiwachee Preserve, SWF Parcel No. 15-773-143 ...... 197 33. Utility Easement to the DeSoto County Utilities Department – RV Griffin Reserve, SWF Parcel No. 20-223-127X ...... 201 34. Facilitating Agricultural Resource Management Systems (FARMS) Program a. Citrus Creek Grove, LLC – Charlotte County ...... 203 b. Walters Grove – Charlotte County ...... 206 c. Keystone Groves, LLC – DeSoto County ...... 209 d. Twenty-Twenty Groves, Inc. – Hardee County ...... 212 e. Hopewell Business Center, LLC – Hillsborough County ...... 215 f. Spring Valley Tree Farm, Inc. – Hillsborough County ...... 218 g. McClure Properties, LTD – Manatee County ...... 221 35. Peace River Regional Reservoir Expansion and Peace River Facility Expansion ...... 224 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 ...... 227 37. Approve Initiation of Rulemaking to Amend Rules 40D-8.041, F.A.C., to Establish Minimum Flows for the Braden River ...... 234 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 ...... 239 39. Continue Public Hearing Requested by James P. Gills, Trustee, on Proposed Minimum and Guidance Levels for Crews Lake in Pasco County ...... 259 Finance & Administration Committee 40. Board Travel ...... 260 41. Budget Transfer Report ...... 261 General Counsel’s Report 42. Consent Order – ERP No. 44025778.003 – Cameron-Wingate Development, LLC ...... 264 43. Consent Order – Surface Water Activity - David R. Spiker, Pamela J. Spiker and AAA Top Quality Asphalt, L.L.C. – Polk County ...... 265 Executive Director’s Report 44. Approval of Minutes – November 26, 2007 Governing Board Meeting ...... 267

2 CONSENT ITEM 7

3 CONSENT ITEM 7 Default Date: January 13, 2007

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43032695.000

Expiration Date: December 18, 2012 PERMIT ISSUE DATE: December 18, 2007

This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in Chapters 40D-4 and 40, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. All construction, operation and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this permit.

PROJECT NAME: The Preserve at Charlotte Harbor

GRANTED TO: Burnt Store Land Group, LLC 255 Alhambra Circle, Suite 325 Coral Gables, FL 33134

ABSTRACT: This permit authorizes the construction of a surface water management system to serve a 74.24-acre residential development known as The Preserve at Charlotte Harbor. The project is located on State Highway 765 (Burnt Store Road), approximately 3.0 miles south of U.S. 41, 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.

OP. & MAINT. ENTITY: The Preserve at Charlotte Harbor Master Property Owners' Association, Inc.

COUNTY: Charlotte

SEC/TWP/RGE: 5/42S/23E

TOTAL ACRES OWNED OR UNDER CONTROL: 80.53

PROJECT SIZE: 74.24 Acres

LAND USE: Residential

DATE APPLICATION FILED: April 6, 2007

AMENDED DATE: N/A

4 Permit No.: 43032695.000 Project Name: The Preserve at Charlotte Harbor

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK Lake 28.31 Wet Detention TOTAL 28.31

Comments: The activities approved for this project are for the construction of a residential subdivision consisting of 44 multi-family units and 46 single-family lots, and includes the associated roadway, driveway, and sidewalk facilities, along with the surface water management system. Water quality treatment will be provided in the proposed surface water management system through wet detention. The project discharges stormwater onto state owned lands which are directly connected to an Outstanding Florida Water body. Therefore, the surface water management system provides treatment for a volume 50 percent more than required for the type of treatment system. The post-developed peak discharge rate of 20.79 cubic feet per second does not exceed the pre-developed peak discharge rate of 25.41 cubic feet per second.

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

Comments: The FEMA floodplain is due to a tidal surge. Compensation is not required; however, all finish floors and living areas are above the 100-year floodplain elevation. Historic basin storage impacts associated with impacts to wetlands and other surface water are addressed in the hydrologic/hydraulic drainage modeling.

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* Ditch 2.01 2.01 0.00 0.00 0.00 0.00 OSW 2 0.08 0.00 0.00 0.00 0.08 0.00 OSW 3 1.63 0.00 0.00 0.00 1.63 0.00 OSW 4 2.12 0.00 2.12 0.00 0.00 0.00 OSW 5 0.42 0.00 0.00 0.00 0.42 0.00 TOTAL 6.26 2.012.12 0.00 2.13 0.00

Wetland Comments: There are no wetlands located within the project area. However, wetlands are located immediately adjacent to the project area that will not be adversely impacted. This project consists of four borrow ponds totaling 4.25 acres, and one 2.01 acre drainage ditch. Permanent filling impacts of 2.12 acres will occur to the borrow ponds for construction, and temporary impacts of 2.13 acres of the borrow ponds for stormwater pond construction for a multi-family residential community.

5 Permit No.: 43032695.000 Project Name: The Preserve at Charlotte Harbor

Mitigation Comments: Mitigation will not be required for permanent filling and/or temporary dredging impacts of 4.25 acres to the borrow ponds pursuant to Section 3.2.2 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.

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. 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.

6 Permit No.: 43032695.000 Project Name: The Preserve at Charlotte Harbor

7. 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, Sarasota Regulation Department."

8. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Sarasota 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.

9. 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."

10. 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.

11. 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.

12. 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

7 CONSENT ITEM 8

8 CONSENT ITEM 8 Default Date: January 15, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43033161.000

Expiration Date: December 18, 2012 PERMIT ISSUE DATE: December 18, 2007

PROJECT NAME: Jack's Branch Subdivision

GRANTED TO: Jack's Branch Grove, LLC 2000 Webber Street Sarasota, FL 34239

ABSTRACT: This permit authorizes the construction of a surface water management system to serve a 175.24-acre single-family residential development and borrow pit excavation project known as Jack's Branch Subdivision. The project is located approximately four miles east of U.S. Highway 17 and north of Washington Loop Road (State Highway 764), 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.

OP. & MAINT. ENTITY: Jack's Branch Subdivision Homeowners' Association, Inc.

COUNTY: Charlotte

SEC/TWP/RGE: 14,23/40S/24E

TOTAL ACRES OWNED OR UNDER CONTROL: 175.24

PROJECT SIZE: 175.24 Acres

LAND USE: Residential

DATE APPLICATION FILED: July 23, 2007

AMENDED DATE: N/A

9 Permit No.: 43033161.000 Project Name: Jack's Branch Subdivision

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 1 40.04 Wet Detention 2 41.58 Wet Detention SWMA 0.17 Effluent Filtration TOTAL 81.79

Comments: This project consists of 17 single-family residential lots, roadways, and associated infrastructure, as well as dirt mining (borrow pit). Excess fill from the two borrow pits will be hauled off site. The borrow pits will be reclaimed as two man-made wet detention ponds (Pond Nos. 1 and 2). These ponds and one system of detention with effluent filtration will provide water quality treatment and peak discharge attenuation for the residential development. Specific Condition No. 13 prohibits the beneficial occupancy of the residential portion of the project site until the proposed mining operation has ceased.

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

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: 10 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* OSW 1.21 0.00 1.21 0.00 0.00 0.00 OSW 5.31 0.00 5.31 0.00 0.00 0.00 OSW 0.29 0.00 0.29 0.00 0.00 0.00 OSW 0.51 0.00 0.51 0.00 0.00 0.00 OSW 0.52 0.00 0.52 0.00 0.00 0.00 OSW 0.52 0.00 0.52 0.00 0.00 0.00 OSW 0.52 0.00 0.52 0.00 0.00 0.00 OSW 0.60 0.00 0.60 0.00 0.00 0.00 OSW 0.62 0.00 0.62 0.00 0.00 0.00 OSW 4.71 0.00 4.71 0.00 0.00 0.00 TOTAL 14.81 0.0014.81 0.00 0.00 0.00

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

10 Permit No.: 43033161.000 Project Name: Jack's Branch Subdivision

Wetland Comments: Wetlands are not located within the project area. However, the project area contains ten (10) surface water features, comprising of nine (9) upland-cut ditches totaling 13.60 acres and one (1) agricultural pond totaling 1.21 acre. Permanent filling impacts are proposed to the 14.81 acres of upland--cut ditches and pond for lot and road construction.

Mitigation Comments: Wetland mitigation will not be required for 14.81 acres of permanent impacts to the upland-cut ditches and pond pursuant to Section 3.2.2 of the Basis of Review. Under this section, wetland mitigation is not required for impacts to nonfunctional habitat.

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:

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.

11 Permit No.: 43033161.000 Project Name: Jack's Branch Subdivision

6. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Sarasota 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.

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

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

For systems utilizing effluent filtration or exfiltration or systems utilizing effluent filtration or exfiltration and retention or wet detention, the inspections shall be performed 18 months after operation is authorized and every 18 months thereafter.

10. Prior to installation of the filter media, the Permittee's contractor shall submit a certified test of the media to the Permittee's Professional Engineer and the District. The test shall address the following parameters: uniformity coefficient, effective grain size, sieve analysis, percent silts, clays and organic matter, and permeability testing (constant head). If testing indicates the actual permeability rate is less than the value specified in the permitted design, a permit modification will be required to lengthen the effluent filtration system. The Permittee shall also notify the Surface Water Regulation Manager, Sarasota Regulation Department, at least 48 hours prior to commencement of construction of the effluent filtration system, so that District staff may observe this construction activity.

11. All lots abutting wet detention ponds shall have the following language (or similar language as approved in writing by the Sarasota Regulation Department) as part of the deed restrictions.

"The lot owners shall not remove native vegetation (including cattails) that becomes established within the wet detention ponds abutting their property. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Lot owners shall address any questions regarding authorized activities within the wet detention ponds to SWFWMD, Sarasota Service Office, Surface Water Regulation Manager."

12 Permit No.: 43033161.000 Project Name: Jack's Branch Subdivision

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.

13. There shall be no residential beneficial occupancy of the project site until the proposed mining operation has ceased.

14. The existing wells, assigned District ID Nos. 0001 and 0002, must be shown to be properly abandoned through plugging by a professional well driller and a completion report for the plugging must be provided at the time of the as-built inspection for this construction permit.

15. No dewatering associated with this mining operation may occur until the appropriate Water Use Permit is obtained.

16. If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The Permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes.

17. 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

13 CONSENT ITEM 9

14 CONSENT ITEM 9 Default Date: December 19, 2007

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ERP GENERAL FOR MINOR SURFACE WATER MANAGEMENT SYSTEMS

DENIAL OF GENERAL FOR MINOR SYSTEMS PERMIT APPLICATION NO. 46031947.000 DATE OF DENIAL: December 18, 2007

Staff recommends denial of this application for permit due to lack of completeness, in accordance with District Rules 40D-1.1020 and 40.301, Florida Administrative Code (F.A.C.).

PROJECT NAME: Drew Park Townhomes OWNER/APPLICANT: Jana Goodman Jaco Development, Inc. 2924 West Coachman Avenue Tampa, FL 33611

ABSTRACT: The proposed project consists of a 1.32-acre residential development. The stormwater management system consists of two, inter-connected on-line detention ponds to treat the first ½" of stormwater runoff via percolation. The applicant has not adequately responded to the District’s April 4, 2007 “Clarification of Received Information” letter, which addressed this incomplete application in detail. The site is located on North Hubert Avenue, north of West Woodlawn Avenue, in Hillsborough County, Florida.

COUNTY: Hillsborough

SEC/TWP/RGE: 09/29S/18E

TOTAL ACRES OWNED: 1.32 acres

PROJECT SIZE: 1.32

LAND USE: Residential

DATE APPLICATION FILED: October 17, 2006

AMENDED DATE: N/A

Information has not been provided that would allow the District to determine whether the following criteria have been met:

TECHNICAL AND LEGAL INFORMATION

1. The Applicant did not provide reasonable assurance that discharges from the site would meet state water quality standards. The calculations and construction drawings indicated that the required water quality treatment volume would not be provided in accordance with the criteria listed in Section 5.2 of the Basis of Review in the Environmental Resource Permit Information Manual. [Refer to the Conditions for Issuance of Permits in Rule 40D-40.301(1)(f), F.A.C.]

2. The applicant did not provide reasonable assurance that the operation and maintenance of the surface water management system will be conducted by an entity with legal and administrative capability of ensuring the activity will be undertaken in accordance with the terms and conditions of the permit. The submitted draft homeowners association documents were incomplete and did not meet all the requirements listed in Section 2.6 of the Basis of Review in the Environmental Resource Permit Information Manual. [Refer to the Conditions for Issuance of Permits in Rule 40D-4.301(1)(i) and (j), F.A.C.]

15 CONSENT ITEM 10

16 CONSENT ITEM 10 Default Date: January 20, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43030040.000

Expiration Date: December 18, 2012 PERMIT ISSUE DATE: December 18, 2007

PROJECT NAME: Estuary Golf Club Estates

GRANTED TO: Robinson Farms, Inc. Post Office Box 439 Parrish, FL 34219

ABSTRACT: This permit authorizes the construction of a surface water management system to serve a 201.99 golf course and residential development. The project area is located in Manatee County, north of Manatee Avenue, between 99th Street Northwest and Perico Bayou. 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: Estuary Golf Club Estates Community Association, Inc.

COUNTY: Manatee

SEC/TWP/RGE: 13,14,23,25,26/34S/16E

TOTAL ACRES OWNED OR UNDER CONTROL: 201.99

PROJECT SIZE: 201.99 Acres

LAND USE: Single-family Residential

DATE APPLICATION FILED: November 30, 2005

AMENDED DATE: February 19, 2007

17 Permit No.: 43030040.000 Project Name: Estuary Golf Estates

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 1-A 11.52 Wet Detention 1-B 2.47 Wet Detention 1-C 5.59 Wet Detention 1-D 0.95 Wet Detention 1-E 0.99 Wet Detention 2 1.80 Wet Detention 3-A 1.20 Wet Detention 3-B 1.40 Wet Detention 3-C 2.70 Wet Detention 4 0.62 Wet Detention 5 0.74 Wet Detention 6 5.56 No Treatment- Reuse Storage TOTAL 35.54

Comments: The activities approved for this project are for the construction of a golf course and a 20-lot single-family residential development, which includes the associated roadways, driveways, sidewalk facilities, and the surface water management system. Water quality treatment will be provided in the proposed surface water management system through a series of wet detention ponds. The project discharges directly into an Outstanding Florida Water body. Therefore, the surface water management system provides treatment for a volume 50 percent more than required for the type of treatment system. Attenuation is not required since the project discharges directly into the unrestricted tidal waters of Perico Bayou.

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

Comments: The FEMA floodplain is due to a tidal surge. Compensation is not required for fill encroachment; all finish floors are above the 100-year floodplain elevation. Historic basin storage impacts associated with impacts to wetlands and other surface waters are addressed in the hydrologic/hydraulic drainage modeling.

18 Permit No.: 43030040.000 Project Name: Estuary Golf Estates

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* SW-2 0.66 0.00 0.66 0.00 0.00 0.00 SW-3 1.18 0.00 1.18 0.00 0.00 0.00 Upland-Ditches 2.90 0.00 2.90 0.00 0.00 0.00 Hydric-Ditches 0.71 0.00 0.71 0.00 0.00 0.00 TOTAL 5.45 0.005.45 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, wetlands are located immediately adjacent to the defined project area and no wetland impacts are proposed. The project contains 1.84 acres of ponds excavated within uplands and 3.61 acres of ditches. The construction of this development will impact all of the ponds and ditches within the project area.

Mitigation Comments: Mitigation is not required for impacts to upland-cut ponds or ditches pursuant to Section 3.2.2.2 and 3.2.2 of the Basis of Review. Under these sections, mitigation is not required for impacts to non-functional habitat.

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:

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.

19 Permit No.: 43030040.000 Project Name: Estuary Golf Estates

6. 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.

7. 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.

8. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Sarasota Service Office:

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

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

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.

20 Permit No.: 43030040.000 Project Name: Estuary Golf Estates

11. Within 120 days of commencement of construction, the Permittee shall complete the construction of the 29" x 45" bypass piping system and perimeter north-south ditch improvements shown on Sheet 5 of 27 of the District-approved construction drawings. In the event construction of the referenced bypass piping system and ditch improvements cannot be completed by June 1, 2008, the Permittee shall construct a stabilized swale of adequate capacity, in a similar alignment as the outfall pipe and ditch improvements, to provide positive drainage for adjacent easterly property. Works associated with this swale alternative shall also be completed by June 1, 2008. The performance time frames in this Specific Condition include the submittal of partial as-built drawings and photographic documentation of the completed works. Following the completion of the described works, and appropriate notification to the District, the District shall authorize the prompt severance (backfilling or plugging) of the hydraulic connection between the north-south ditch and east-west ditch, as shown on Sheet 5 of 27 of the approved construction drawings and located directly east of the 14th Hole Fairway.

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

21 CONSENT ITEM 11

22 CONSENT ITEM 11 Default Date: February 7, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43023781.018

Expiration Date: December 18, 2012 PERMIT ISSUE DATE: December 18, 2007

PROJECT NAME: Concord Station Sunlake Boulevard North of Mentmore

GRANTED TO: Pasco County Development Services 7530 Little Road, Suite 320 New Port Richey, FL 34654

ABSTRACT: This permit is for the construction of a new surface water management system to serve ~ 1.5 miles of new roadway within a 218.76-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 LeDantec – Phases 1A and 1B (ERP No. 44023781.002) to the south and Concord Station - Phase 1, Unit G and Phase 2, Unit C (ERP No. 44023781.007) to the west. Information regarding the surface water management system and wetlands is included in the tables below.

OP. & MAINT. ENTITY: Pasco County Development Services

COUNTY: Pasco

SEC/TWP/RGE: 15,21,22/26S/18E

TOTAL ACRES OWNED OR UNDER CONTROL: 218.76

PROJECT SIZE: 218.76 Acres

LAND USE: Road Project

DATE APPLICATION FILED: December 18, 2006

AMENDED DATE: November 9,2007

23 Permit No: 43023781.018 Project Name: Concord Station Sunlake Boulevard North of Mentmore

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK J3 0.33 Wet Detention Wetland J 1.41 Wet Detention K1 0.24 Wet Detention K3 3.82 Wet Detention L2 1.01 Wet Detention L3 0.35 Wet Detention N3 1.29 Wet Detention O1 0.48 Wet Detention O2 0.30 Wet Detention O4 2.58 Wet Detention TOTAL 11.81

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 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: 8 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* Wetland H 37.68 36.43 1.25 0.85 0.00 0.00 Wetland J 0.83 0.83 0.00 0.00 0.00 0.00 Wetland L 2.39 0.00 2.39 1.12 0.00 0.00 Wetland M 1.30 0.00 1.30 0.61 0.00 0.00 Wetland N 0.79 0.00 0.79 0.37 0.00 0.00 Wetland N2 1.66 0.26 1.40 0.46 0.00 0.00 Wetland O 64.88 64.88 0.00 0.00 0.00 0.00 Wetland Q 48.29 48.29 0.00 0.00 0.00 0.00 TOTAL 157.82 150.697.13 3.41 0.00 0.00

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

24 Permit No: 43023781.018 Project Name: Concord Station Sunlake Boulevard North of Mentmore

Wetland Comments: There are 157.82 acres of wetlands within the project area. The project proposes to impact 7.13 acres of wetland.

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 Upland Buffer Enhance 0.00 0.00 12.12 0.80 0.00 0.00 0.00 0.00 R1 1.06 0.07 0.00 0.00 0.00 0.00 0.00 0.00 R2 4.18 0.23 0.00 0.00 0.00 0.00 0.00 0.00 R3 2.67 0.36 0.00 0.00 0.00 0.00 0.00 0.00 C2 0.70 0.19 0.00 0.00 0.00 0.00 0.00 0.00 C3 1.14 0.38 0.00 0.00 0.00 0.00 0.00 0.00 Wetland Preservation 0.00 0.00 149.59 1.40 0.00 0.00 0.00 0.00 TOTAL 9.75 1.23161.71 2.20 0.000.00 0.00 0.00

Mitigation Comments: Project construction will result in 7.13 acres of wetland impacts with 3.41 units of functional loss. The loss is mitigated by the creation of 1.84 acres of wetlands (C2 and C3), the restoration of 7.91 acres of wetlands (R1, R2, and R3), the enhancement of 10.98 acres of upland buffers, and the preservation/enhancement of 149.59 acres of forested wetlands. The mitigation results in 3.43 units of functional gain. The excess functional gain is not available for future applications.

A regulatory conservation easement is required.

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.

25 Permit No: 43023781.018 Project Name: Concord Station Sunlake Boulevard North of Mentmore

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. WETLAND MITIGATION SUCCESS CRITERIA MITIGATION AREA - Buffer Enhancement

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 vegetated upland buffer.

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 shall meet the criteria specified:

PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES 75 Vaccinium corymbosum Myrica cerifera Muhlenbergia capillaris Calicarpa americana Spartina bakeri

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

PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES 50 Ilex cassine Acer rubrum Ulmus americana Pinus elliottii Quercus laurifolia

E. All plants are to be planted in naturalistic clusters. Linear planting is unacceptable except in those locations where the buffer area is 15 feet or less.

F. Species composition of recruiting vegetation is indicative of the ecotype specified in criterion "A".

26 Permit No: 43023781.018 Project Name: Concord Station Sunlake Boulevard North of Mentmore

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

These criteria 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.

WETLAND MITIGATION SUCCESS CRITERIA MITIGATION AREA - R2

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. The upland buffer mitigation 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 addition or removal of vegetation.

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

B. Topography, water depth, and water level fluctuation in the mitigation area are characteristic of the ecotype specified in criterion "A."

C. Planted or recruited herbaceous or shrub species shall meet the criteria specified:

ZONE PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES A 80 Panicum hemitomon Saururus cernuus Pontederia cordata Sagittaria lancifolia Cephalanthus occidentalis

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

ZONE PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES C 100 Taxodium spp. Nyssa sylvatica 100 Taxodium spp. Itea virginica Persea palustris Ilex cassine Pinus elliottii

E. All plants are to be planted in naturalistic clusters. Linear planting will be unacceptable and will require a replant.

27 Permit No: 43023781.018 Project Name: Concord Station Sunlake Boulevard North of Mentmore

F. Species composition of recruiting vegetation is indicative of the ecotype specified in criterion "A".

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

WETLAND MITIGATION SUCCESS CRITERIA MITIGATION AREA - C2

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

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 shall meet the criteria specified:

ZONE PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES A 100 Cephalanthus occidentalis Appropriate herbs in all zones Panicum hemitomon B 100 Panicum hemitomon Pontederia cordata C 75 Saururus cernuus Sagittaria lancifolia

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

ZONE PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES C 75 Cornus foemina

28 Permit No: 43023781.018 Project Name: Concord Station Sunlake Boulevard North of Mentmore

E. Species composition of recruiting wetland vegetation is indicative of the wetland type specified in criterion "A".

F. All plants are to be planted in naturalistic clusters. Linear planting is unacceptable and will require replanting.

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

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

WETLAND MITIGATION SUCCESS CRITERIA MITIGATION AREAS - C3 and R3

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. The upland buffer mitigation 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 addition or removal of vegetation.

B. Topography, water depth, and water level fluctuation in the mitigation area are characteristic of the ecotype specified in criterion "A."

C. Planted or recruited herbaceous or shrub species shall meet the criteria specified:

ZONE PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES A 80 Panicum hemitomon Saururus cernuus Pontederia cordata Sagittaria lancifolia Cephalanthus occidentalis

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

29 Permit No: 43023781.018 Project Name: Concord Station Sunlake Boulevard North of Mentmore

ZONE PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES C 100 Taxodium spp. Nyssa sylvatica B 100 Taxodium spp. Itea virginica Persea palustris Ilex cassine Pinus elliottii

E. All plants are to be planted in naturalistic clusters. Linear planting will be unacceptable except in those locations where the buffer area is 15 feet or less.

F. Species composition of recruiting vegetation is indicative of the ecotype specified in criterion "A".

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

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.

30 Permit No: 43023781.018 Project Name: Concord Station Sunlake Boulevard North of Mentmore

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. 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.

12. Following the District’s determination that the wetland mitigation has been successfully completed, the Permittee shall operate and maintain the wetland mitigation areas such that they remain in their current or intended condition for the life of the surface water management facility. The Permittee must perform corrective actions for any portions of the wetland mitigation areas where conditions no longer meet the criteria set forth in the Wetland Mitigation Success Criteria Conditions.

13. The Permittee shall commence construction of the mitigation areas within 30 days of wetland impacts, if wetland impacts occur between February 1 and August 31. If wetland impacts occur between September 1 and January 31, construction of the mitigation areas shall commence by March 1. In either case, construction of the mitigation areas shall be completed within 120 days of the commencement date unless a time extension is approved in writing by the District.

14. 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.

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

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

31 Permit No: 43023781.018 Project Name: Concord Station Sunlake Boulevard North of Mentmore

A. wetland buffers B. upland preservation C. limits of approved wetland impacts

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

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

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

19. Rights-of-way and easement locations necessary to construct, operate and maintain all facilities, which constitute the permitted surface water management system (including 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

32 Permit No: 43023781.018 Project Name: Concord Station Sunlake Boulevard North of Mentmore

25. 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.

26. Title Insurance commitment and draft conservation easement are to be provided for District review at least 60 days prior to any wetland impacts. The commitment and draft conservation easement should be described to specifically include only the mitigation for this permit. The conservation easement is to be distinguished from those areas preserved in the Concord Station Sunlake Blvd from SR 54 to Mentmore (43023781.022) permit.

27. The conservation easement is to be dedicated to The Southwest Florida Water Management District.

28. No wetland impacts are to occur prior to recordation of the final conservation easement except through a formal modification to this permit.

29. Signs are to be installed at the wetland buffers and mitigation areas every 100' or less. The signs shall be printed as shown on the Wetland and Impact and Mitigation Plan sheet received November 9, 2007.

30. All construction within the project area is prohibited, until the permittee acquires the right of entry by dedicated easement or order of taking under its power of eminent domain.

31. 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

33 CONSENT ITEM 12

34 CONSENT ITEM 12 Default Date: January 16, 2008

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43023781.022

Expiration Date: December 18, 2012 PERMIT ISSUE DATE: December 18, 2007

PROJECT NAME: Concord Station Sunlake Boulevard from SR 54 to Mentmore Boulevard

GRANTED TO: Pasco County Development Services 7530 Little Road, Suite 320 New Port Richey, FL 34654

ABSTRACT: This permit is for construction of a new surface water management system to serve an ~ 0.77 mile of new roadway within a 41.47-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 Dr. #14570-1521 (ERP No. 43016251.000) to the south, Pasco County – High School DDD and Middle School EE (ERP No. 44023781.013) to the west, and LeDantec – Phases 1A and 1B (ERP No. 44023781.002) to the north and east. Information regarding the surface water management system and wetlands is contained in the tables below.

OP. & MAINT. ENTITY: Pasco County Development Services

COUNTY: Pasco

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

TOTAL ACRES OWNED OR UNDER CONTROL: 41.47

PROJECT SIZE: 41.47 Acres

LAND USE: Road Project

DATE APPLICATION FILED: April 26, 2007

AMENDED DATE: N/A

35 Permit No: 43023781.022 Project Name: Concord Station Sunlake Boulevard from SR 54 to Mentmore Boulevard

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK SUN 2.22 Wet Detention TOTAL 2.22

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 ]

**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: 1 Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts Acres Acres Acres Functional Acres Functional Loss* Loss* Wetland II 4.36 0.00 4.36 2.46 0.00 0.00 TOTAL 4.36 0.004.36 2.46 0.00 0.00

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

Wetland Comments: There are 4.36 acres of wetlands within the project area. The project proposes to impact all the wetlands in the project area.

Mitigation Information Count of Mitigation: 3 Mitigation Name Creation/Restoration Enhancement Preservation Other Acres Functional Acres Functional Acres Functional Acres Functional Gain Gain Gain Gain Upland Buffer Enhance 0.00 0.00 9.98 0.71 0.00 0.00 0.00 0.00 C4 2.20 0.86 0.000.00 0.000.00 0.00 0.00 C5 5.82 0.91 0.000.00 0.000.00 0.00 0.00 TOTAL 8.02 1.77 9.980.71 0.000.00 0.00 0.00

36 Permit No: 43023781.022 Project Name: Concord Station Sunlake Boulevard from SR 54 to Mentmore Boulevard

Mitigation Comments: Project construction will result in 4.36 acres of wetland impacts with 2.46 units of functional loss. Mitigation for the loss is provided by 9.98 acres of upland buffer enhancement and 8.02 acres of wetland creation. The mitigation results in 2.48 units of functional gain. The excess functional gain is not available for future applications.

A regulatory conservation easement is required.

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 C4

37 Permit No: 43023781.022 Project Name: Concord Station Sunlake Boulevard from SR 54 to Mentmore Boulevard

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

B. Topography, water depth and water level fluctuation in the mitigation area are characteristic of the wetlands type specified in criterion "A".

C. Planted or recruited herbaceous or shrub species shall meet the criteria specified:

ZONE PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES C 100 Cephalanthus occidentalis Appropriate herbs in all zones Itea virginica B 100 Panicum hemitomon Itea virginica Cladium A 75 Saururus cernuus Pontedaria lancifolia Canna flaccida

D. Species composition of recruiting wetland vegetation is indicative of the wetland type specified in criterion "A".

E. All plants are to be planted in naturalistic clusters. Linear planting is unacceptable and will require a replant.

F. Coverage by nuisance or exotic species does not exceed five percent at any location in the mitigation site and five 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.

WETLAND MITIGATION SUCCESS CRITERIA MITIGATION - AREA C5

38 Permit No: 43023781.022 Project Name: Concord Station Sunlake Boulevard from SR 54 to Mentmore Boulevard

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

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 shall meet the criteria specified:

ZONE PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES D 85 Panicum hemitomon Appropriate natives in all zones C 100 Cephalanthus occidentalis 100 Pontedaria cordata Sagittaria lancifolia A 75 Saururus cernuus

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

ZONE PERCENT DOMINANT SUBDOMINANT COVER SPECIES SPECIES D 85 Pinus elliottii Ilex cassine Magnolia virginiana Itea virginica C 100 Persea palustrus Itea virginica B 100 Taxodiumspp. A 75 Nyssa sylvatica Taxodiumspp

E. Species composition of recruiting wetland vegetation is indicative of the wetland type specified in criterion "A".

F. All plants are to be planted in naturalistic clusters. Linear planting is unacceptable and will require a replant.

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

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

39 Permit No: 43023781.022 Project Name: Concord Station Sunlake Boulevard from SR 54 to Mentmore Boulevard

WETLAND MITIGATION SUCCESS CRITERIA MITIGATION AREA - Buffer Enhancement