MEETING NOTICE Consent Item 1

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 contact the General Services Department at (352) 796-7211 or 1-800-423-1476 (FL only), extension 4527, TDD only 1-800-231-6103 (FL only).

AGENDA

GOVERNING BOARD MEETING

November 30, 2005 -- Sarasota County Administration Center 9:00 a.m. 1660 RINGLING BOULEVARD, SARASOTA, FLORIDA 34236 941-861-5000

December 1, 2005 -- Turner Agri-Civic Center Exhibit Hall 9:00 a.m. 2250 NE ROAN STREET, ARCADIA, FLORIDA 34266 863-993-4807

All meetings are open to the public.

Viewing of the Board meeting is available at each of the service offices.

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

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

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

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

Wednesday, November 30, 2005 SARASOTA COUNTY ADMINISTRATION CENTER 1660 RINGLING BOULEVARD, SARASOTA -- 941-861-5000

9:00 a.m. Committee Meetings

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

Regulation Committee (Tab A)

MEETING NOTICE Consent Item 1. Approval of Minutes - October 25, 2005 Committee Meeting

SWFWMD Governing Board Agenda - 2 - November 30-December 1, 2005

Discussion Items 2. Florida Department of Transportation Mitigation Update 3. Water Use Permit (WUP) Transfers and Real Estate Closings 4. Improved Methods for Obtaining Water Use Permit Meter Readings 5. Annual Report on Efficient Transportation Decision Making (ETDM) 6. Peace River/Manasota Regional Water Supply Authority and City of Tampa Production Summaries Routine Reports 7. Rulemaking Update 8. Litigation Report – Regulatory Issues 9. Demand Management Activities 10. Overpumpage Activities 11. Southern Water Use Caution Area Quantities 12. Tampa Bay Water Summary Graphic 13. January Committee Meeting Agenda

Resource Management and Development Committee (Tab B)

Consent Items 14. Approval of Minutes - October 25, 2005 Committee Meeting 15. Resolution Requesting Release of FY2006 Appropriated funds from the Water Management Lands Trust Fund 16. Facilitating Agricultural Resource Management Systems - DiMare, Ruskin, L.L.C. – County Line Farm (to be Presented to the Peace River Basin Board at its December Meeting) Discussion Items 17. Lake Hancock Outfall Treatment Project 18. Water Control Structure and Emergency Operations 19. Basin Board Land Resources Committee and Public Land Acquisition and Management Conference Update Routine Reports 20. Significant Water Supply and Resource Development Projects 21. Florida Forever Status Report 22. Land Resources Department Significant Activities 23. Minimum Flows and Levels Status Report 24. Hydrologic Conditions Report 25. Structure Operations Status Report 26. January Committee Meeting Agenda

10:30 a.m.

Finance and Administration Committee (Tab C)

Consent Items 27. Approval of Minutes - October 25, 2005 Committee 28. Consent Transfer Report 29. Board Travel Discusssion Items 30. Fiscal Year 2007 Budget Development Process 31. October 2005 Interim Report on Workforce and Vendor Diversity 32. Mileage Reimbursement Routine Reports 33. Tampa Service Office Construction Project Update 34. Treasurer's Report, Payment Register for Accounts Payable, and Contingency Reserves Report 35. Litigation Report – Non-Regulatory Issues 36. January Committee Meeting Agenda SWFWMD Governing Board Agenda - 3 - November 30-December 1, 2005

Outreach and Planning Committee (Tab D)

Consent Item 37. Approval of Minutes - October 25, 2005 Committee Meeting Discussion Items 38. Office of Program Policy Analysis and Government Accountability Regional Boundaries Study 39. Legislative Update 40. “Curb Appeal” Landscape Makeover Event Routine Reports 41. Basin Board Education Committee Report 42. Update of Broadcasting Governing Board Meetings Districtwide 43. Review of Local Government Comprehensive Plan Amendments 44. Review of Developments of Regional Impact 45. Upcoming Events 46. January Committee Meeting Agenda

1:00 p.m. Convene Meeting of the Governing Board and Public Hearing (Tab E)

47. Call to Order 48. Pledge of Allegiance and Invocation 49. Additions/Deletions to Agenda 50. Volunteer Appreciation Awards

Consent Agenda (Tab F)

51. Approval of Minutes - October 25, 2005 Governing Board Meeting 52. ERP No. 43023956.002 - The Marina at the Preserve – Charlotte County 53. ERP No. 43028569.000 - Palmetto Plantation – Charlotte County 54. ERP No. 49008387.028 - Tampa International Airport – RW18R High Speed Taxiway “W3,” Resurface Taxiway “W” and Extend Taxiway “A” – Hillsborough County 55. ERP No. 43027232.001 - Ladera - Single Family Subdivision – Hillsborough County 56. ERP No. 49027744.003 - Valencia Lakes – Hillsborough County 57. ERP No. 43028679.000 - Elsberry South County – Hillsborough County 58. ERP No. 43029362.000 - Bridle Path Estates – Hillsborough County 59. ERP No. 49023624.005 - Harbour Walk, Phase III – Manatee County 60. ERP No. 43028850.000 - Gulfview Park – Manatee County 61. ERP No. 43029028.000 - Perico Island – Manatee County 62. ERP No. 43029140.000 - Rainbow Springs Golf Course -Tract K – Marion County 63. ERP No. 43023534.003 - Connerton Village 2 - Phase 1 – Pasco County 64. ERP No. 43026515.001 - Stonegate – Pasco County 65. ERP No. 43028985.000 - Pinellas County - Belleair Beach Causeway Bridge Replacements – Pinellas County 66. ERP No. 43029111.000 - Pinellas County – Water Blending Facility – Pinellas County 67. ERP No. 43024155.002 - Estates of Auburndale, Phase II – Polk County 68. ERP No. 43028191.001 - Hallam Preserve West – Polk County 69. ERP No. 43029113.000 - Polk County School Board – High School BBB – Polk County 70. ERP No. 43029222.000 - Horse Creek – Polk County 71. ERP No. 49025469.003 - Sarasota Interstate Park of Commerce, Phase 1B – Sarasota County SWFWMD Governing Board Agenda - 4 - November 30-December 1, 2005

72. WUP No. 20011124.003 - W F I ~ - DiMare Ruskin #2 LLC – DeSoto County 73. WUP No. 20011181.008 - W F I S N- - Batista and Evelyn Madonia – Hillsborough and Polk Counties 74. WUP No. 20011536.007 - W F I R+ D- - John Falkner – Manatee County 75. WUP No. 20004257.012 - F N- - Rainbow Springs Utilities – Marion County 76. WUP No. 20002978.010 - W F ~ - Lindrick Service Corporation – Pasco County [Denial] 77. WUP No. 20005015.005 - W F I N- - Alico Inc. – Polk County

W A T E R U S E P E R M I T L E G E N D W = Water Use Caution Area N = 100% new quantities F = Floridan Aquifer N+ = More than 50% but less than 100% new quantities I = Intermediate Aquifer N- = 50% or less new quantities S = Surface Withdrawal D+ = More than 50% decrease U = Surficial Aquifer D- = 50% or less decrease ~ = no change R = 100% relocated quantities R+ = More than 50% but less than 100% relocated quantities R- = 50% or less relocated quantities

78. Consent Order - Surface Water Activity - U.S.A. International Speedway, Inc. – Polk County 79. Consent Order - Surface Water Activity - Marcia Associates, L.L.C. – Sarasota County 80. Consent Order - Surface Water Activity - Heritage Pines Community Association, Inc. – Pasco County 81. Consent Order - WUP Nos. 20003657.002 and .003 - Mainlands of Tamarac by the Gulf – Pinellas County 82. Settlement Agreement - Surface Water Activity - SWFWMD v. Mid-Florida Portable Toilet Services, Inc. (Civil Case No. 04-345CCS) – Highlands County 83. Initiation of Litigation - WUP No. 2001760.002 - Dollar Golf, Inc. – Hernando County 84. Initiation of Litigation - Well Contractor License No. 2215 - Anthony Holt –Polk County

Discussion Agenda (Tab G)

85. Items Removed from Consent Agenda for Discussion 86. Tampa Bay Water Dispute Resolution 87. Peer Review Report on Minimum Levels for the Intermediate Aquifer System 88. Myakka River Watershed Overview 89. Rulemaking – Approve Amendment to add Minimum Flows and Levels for the Upper Myakka River to Chapter 40D-8, Florida Administrative Code (F.A.C.) 90. Rulemaking – Approve Amendment to Add Minimum Flows and Levels for the Freshwater Segment of the Alafia River to Chapter 40D-8, F.A.C. 91. Rulemaking – Approve Amendments to Add Minimum and Guidance Levels for Selected Priority Lakes In Hillsborough, Highlands and Polk Counties to Chapter 40D-8, F.A.C. 92. Finalization of the FY2006 Strategic Plan Outreach Publication 93. Final Order – ERP No. 44025789.001 – Lake Region Audubon Society v. SWFWMD and Spanish Oaks of Central Florida, L.L.C., DOAH Case No. 05-2606 – Polk County 94. Lake Hancock Lake Level Modification Project – Conceptual Environmental Resource Permit

Committee Reports (Tab H)

95. Regulation Committee 96. Resource Management and Development Committee 97. Finance and Administration Committee 98. Outreach and Planning Committee SWFWMD Governing Board Agenda - 5 - November 30-December 1, 2005

Chair’s Agenda (Tab I)

99. DEP/WMDs Chairs and Executive Directors Quarterly Meeting Overview 100. Advisory Committee Liaison Reports – Agriculture and Green Industry 101. Performance Evaluations of the Executive Director, General Counsel and Inspector General 102. Events Attendance 103. Other Items

Recess Public Hearing Public Input

Items not completed at Wednesday’s meeting will be carried over to Thursday.

Thursday, December 1, 2005 TURNER AGRI-CIVIC CENTER EXHIBIT HALL 2250 NE ROAN STREET, ARCADIA -- 863-993-4807

9:00 a.m. Convene Meeting of the Governing Board and Public Hearing

104. Call to Order 105. Pledge of Allegiance and Invocation 106. Additions/Deletions to Agenda

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

Discussion Agenda (Tab J)

107. Southern Water Use Caution Area Recovery Strategy

Recess Public Hearing

Public Input

Announcements

• Advisory Committee Meeting Schedule: Environmental – Tampa ...... December 13, 2005 Industrial – Tampa ...... January 17, 2006 Well Drillers – Tampa ...... January 18, 2006 Public Supply – Tampa ...... January 20, 2006 • Basin Board Meeting Schedule: Coastal Rivers – Weeki Wachee ...... December 6, 2005 Pinellas-Anclote River – Clearwater ...... December 7, 2005 Alafia River – Tampa ...... December 8, 2005 Northwest Hillsborough – Tampa ...... December 8, 2005 Peace River – Bartow ...... December 9, 2005 SWFWMD Governing Board Agenda - 6 - November 30-December 1, 2005

Hillsborough River – Tampa ...... December 13, 2005 Manasota – Sarasota ...... December 14, 2005 Withlacoochee River – The Villages ...... December 15, 2005 • Governing Board Meeting and Workshop Schedule Workshop – To be determined ...... January 10, 2006 Meeting – Brooksville ...... January 24-25, 2006 Meeting – Brooksville ...... February 21-22, 2006

Adjournment

The Governing Board may take action on any matter on the printed agenda including such items listed as reports, discussions, or program presentations. The Governing Board may make changes to the printed agenda only for good cause as determined by the Chair, and stated in the record.

If a party decides to appeal any decision made by the Board with respect to any matter considered at a hearing or these meetings, that party will need a record of the proceedings, and for such purpose that party may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

If you wish to address the Board concerning any item listed on the agenda or any item that does not appear on the agenda, please fill out a speaker's card at the reception desk in the lobby and give it to the recording secretary. Your card will be provided to the Chair who will call on you at the appropriate time during the meeting. Comments will be limited to three minutes per speaker. In appropriate circumstances, the Chair may grant exceptions to the three-minute limit.

The Board will accept and consider written comments from any person if those comments are submitted to the District at Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34604-6899.

The comments should identify the number of the item on the agenda and the date of the meeting. Any written comments received after the Board meeting will be retained in the file as a public record.

Turner Agri-Civic Center 2250 NE Roan Street 17 Turner Arcadia, FL 34266 Center NE Turner Ave. NE Turner (863) 993-4809 E Gibson St. NE Roan St. www.turnercenter.com 17th Ave. 64 70 70 675 31

Hardee Co. DeSoto Co. 780

70 Turner Rd. 72 75 NE Roan St. Manatee Co. 72 70 Sarasota Co. 17

41 e Ave. 301 Sarasota Co. DeSoto Co.

Osprey Ave. Fruitv ille Rd. Charlotte Co. N. Orang 41 Main St. Ringling Blvd.

Washington Blvd.

41 301 Manatee Co. Sarasota Co. 789

Sarasota Fruitville Rd. 780 75 Sarasota Sarasota County Bay Bee Ridge Rd. Administration Center 41 N 1660 Ringling Blvd. 72 W E Sarasota, FL 34236 S (941) 861-5000 www.co.sarasota.fl.us 0 1.5 3 789 Scale in miles GOVERNING BOARD COMMITTEES

Effective June 2005

FIRST SESSION Board Conference Rooms Board Room

RESOURCE MANAGEMENT AND REGULATION COMMITTEE DEVELOPMENT COMMITTEE Thomas G. Dabney, Chair Janet D. Kovach, Chair Jennifer E. Closshey, Vice Chair Neil Combee, Vice Chair Todd Pressman Edward W. Chance T. G. “Jerry” Rice Watson L. Haynes II Patsy C. Symons Judith C. Whitehead

SECOND SESSION Board Conference Rooms Board Room

FINANCE AND ADMINISTRATION OUTREACH AND PLANNING

COMMITTEE COMMITTEE Judith C. Whitehead, Chair T. G. “Jerry” Rice, Chair Patsy C. Symons, Vice Chair Todd Pressman, Vice Chair Jennifer E. Closshey Edward W. Chance Neil Combee Watson L. Haynes II Thomas G. Dabney Janet D. Kovach

STANDING COMMITTEE LIAISONS Agricultural Advisory Committee Neil Combee Basin Board Education Committee Watson L. Haynes II Basin Boards Land Resources Committee Janet D. Kovach Environmental Advisory Committee Judith C. Whitehead Green Industry Advisory Committee Patsy C. Symons Industrial Supply Advisory Committee Jennifer E. Closshey Public Supply Advisory Committee Todd Pressman Well Drillers Advisory Committee Thomas G. Dabney

Governing Board Meeting November 30, 2005

Regulation Committee

Consent Item

9:00 – 9:05 a.m. 1. Approval of Minutes - October 25, 2005 Committee Meeting ...... 2

Discussion Items

9:05 – 9:25 a.m. 2. Florida Department of Transportation Mitigation Update ...... 2

9:25 – 9:35 a.m. 3. Water Use Permit (WUP) Transfers and Real Estate Closings ...... 3

9:35 – 9:55 a.m. 4. Improved Methods for Obtaining Water Use Permit Meter Readings ...... 3

9:55 – 10:15 a.m. 5. Annual Report on Efficient Transportation Decision Making (ETDM) ...... 4

10:15 – 10:25 a.m. 6. Peace River/Manasota Regional Water Supply Authority and City of Tampa Production Summaries ...... 5

Routine Reports 10:25 – 10:30 a.m. 7. Rulemaking Update ...... 6

8. Litigation Report – Regulatory Issues ...... 6

9. Demand Management Activities ...... 6

10. Overpumpage Activities ...... 7

11. Southern Water Use Caution Area Quantities ...... 7

12. Tampa Bay Water Summary Graphic ...... 7

13. January Committee Meeting Agenda ...... 7 Regulation Committee Summary - 2 - November 30, 2005

Consent Item

1. Approval of Minutes - October 25, 2005 Committee Meeting

Staff Recommendation: See Exhibit 1

Approval of the minutes as presented.

Discussion Items

2. Florida Department of Transportation Mitigation Update

Prior to 1997, the Florida Department of Transportation (FDOT) was responsible for developing mitigation to offset their wetland impacts caused by road construction. In 1996, the Florida Legislature determined that mitigation for the impact of transportation projects proposed by the FDOT “can be more effectively achieved by regional, long-range mitigation planning rather than on a project-by-project basis.” Based on legislation passed that year, the District and the Department of Environmental Protection were tasked with developing mitigation projects for FDOT. Although FDOT retains responsibility for mitigation developed prior to initiation of the District’s FDOT Mitigation Program, the District has now assumed mitigation responsibilities for FDOT and developed our first FDOT Mitigation Plan in 1997.

Through the District’s involvement in the program, both the taxpayer and the environment have benefited from cost-effective, regionally significant mitigation projects targeting important water bodies such as Tampa Bay, Cockroach Bay, the Hillsborough River, Lake Thonotosassa and Lake Hancock. The most recent FDOT Mitigation Plan, approved by the Governing Board in October 2004, provides mitigation for 422 acres of wetland impacts. This mitigation consists of 35 mitigation projects that create or restore 394 acres of new wetlands, enhance 6,350 acres of degraded wetlands, and preserve 2,622 acres of uplands and wetlands that expand core habitat areas or contribute to critical habitat linkages and wildlife corridors. In addition, the District has purchased 30 mitigation credits from private mitigation banks, relying on this option when it represented the most cost-effective means to mitigate impacts. More than 70% of the mitigation conducted through the District’s FDOT mitigation program is on land not owned by District.

Although the District permits FDOT impacts and develops mitigation for those impacts, ample safeguards exist in both the permitting process and the mitigation plan development process to prevent any real or perceived conflict of interest. First, the selection of mitigation projects to offset FDOT impacts is conducted in an open multi-agency forum outside the permitting process. Second, the process of evaluating and permitting FDOT impacts is completely separate from determining the mitigation for those impacts. Third, the Efficient Transportation Decision Making (ETDM) process is now used by state and federal agencies to conduct an integrated multi-agency review that is engaged from the earliest planning stage through permit issuance to reduce impacts. At the conclusion of these processes, permitted impacts are almost always reduced from the original impact projections by FDOT.

Establishing successful mitigation projects is a lengthy process encompassing site selection, design, construction, maintenance, monitoring, and long-term management. A determination of mitigation success does not generally occur for several years after completion of construction. Of the 35 mitigation projects in the 2004 FDOT Mitigation Plan, 8 are currently in design phase, 6 are under construction, and 21 have completed construction. Staff will provide a post-construction update on many of the mitigation projects included in the current mitigation plan.

Regulation Committee Summary - 3 - November 30, 2005

Staff Recommendation:

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

Presenter: H. Clark Hull, Jr., ERP Program Director, Technical Services Department

3. Water Use Permit (WUP) Transfers and Real Estate Closings

At the October Regulation Committee, questions arose regarding how to assure that a greater percentage of properties that are sold transfer the associated Water Use Permit. Since that meeting, District staff has been identifying additional ways to obtain better compliance with this requirement. This presentation will review a wide variety of options, from voluntary outreach mechanisms to a more regulatory mode, that staff is pursuing.

Staff Recommendation:

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

Presenter: BJ Jarvis, Director, Records and Data Department

4. Improved Methods for Obtaining Water Use Permit Meter Readings

Accurate data are essential to effective and appropriate decision-making in regulatory programs. The primary piece of information needed in the Water Use Permit area is the quantity withdrawn from wells or other sources. These data are critical not only to the regulatory program for permit evaluation and compliance purposes, but also to many other District initiatives including resource assessment and water supply planning.

Currently, pumpage data are required of Permits > 100,000 gpd in the Water Use Caution Areas (WUCAs), and > 500,000 gpd elsewhere. The requirement to meter and report the pumpage data is upon the permit holder, and data are typically reported on a monthly basis. Meter readings are typically accomplished by someone visiting each withdrawal point, reading and writing down the meter reading, and subsequently transferring the reading(s) to a District- supplied scanform for submission to the District. This ‘hands-on” approach is ripe for human error through the transposition of numbers, mismatching of data with the correct withdrawal point, and so on. In addition, there are other issues that affect data quality such as meter change-outs (where the meter readings no longer are sequential), missing or incomplete data, and faulty meters. Because of the importance of these data, the optimal approach to data collection would be a system that results in a more direct interface between the meter and the database, to minimize errors and omissions.

In recent years there have been numerous technological advances for data recording and remote retrieval that could be used to provide improved water withdrawal information. These systems include data loggers and automatic meter reading. Use of such systems would minimize the data quality problems associated with the current methods used. Staff would like to investigate whether any of the improved methods available would be feasible to implement.

If the Committee approves, staff will further research the feasibility of this idea and report back at a forthcoming meeting with additional and more detailed information on this topic.

Regulation Committee Summary - 4 - November 30, 2005

Staff Recommendation:

Approval for staff to further evaluate improved meter reading and report back to the Committee.

Presenter: Ken Weber, Director, Water Use Program Director, Technical Services

5. Annual Report on Efficient Transportation Decision Making (ETDM)

The purpose of this presentation is to provide the Regulation Committee with an overview of the required Annual Report for the ETDM program.

In December 2001, the five Florida Water Management Districts (WMDs), the Florida Department of Transportation (FDOT), Florida Department of Environmental Protection (FDEP), Federal Highway Administration (FHWA), and various other State and Federal regulatory agencies collectively signed a Memorandum of Understanding agreeing to develop an Efficient Transportation Decision Making (ETDM) process in Florida. The District's Regulation Committee and Governing Board, in 2003, agreed to supplemental services provided through the ETDM process, commensurate with the level and duration of additional funding provided by FDOT. After extensive discussion, agreements were signed and the District commenced participation in this program October 1, 2004.

The ETDM program was envisioned in federal legislation via Section 1309 of the Transportation Equity Act for the 21st Century (TEA-21). The FDOT embarked upon the development of an innovative variation of the federal vision. The current ETDM process provides for early interactive agency involvement in the planning and development of transportation projects. ETDM does not substitute for, but should enhance and streamline, the state regulatory and proprietary review processes. The goals of ETDM include concurrent reviews, interactive planning, operational efficiency gained from technology, and better transportation decisions.

An Environmental Technical Advisory Team (ETAT), consisting of representatives from planning, consulting and regulatory agencies, has been created for each of the seven FDOT Districts. ETAT representatives perform the ETDM screenings, which allow for concurrent review of NEPA, CZMA consistency, and permit issues as part of the planning and programming processes. District input is limited to their respective areas of statutory authority. The District provides non-binding comments, information, guidance and recommendations on needed studies and data, but does not act as FDOT’s consultants. The ETDM program is not a substitute for the District’s regulatory programs and processes, but is expected to facilitate these processes through early project involvement.

The District’s responsibilities in the ETDM program require additional resources. Current funding is set at $600,000 per year. To meet the objectives of ETDM, the District is utilizing a virtual project team approach. The District is utilizing the resources of internal staff and two outside consultant firms. During FY 2004-05, 28 projects were reviewed in the District. District staff provided supervisory oversight and control of ETAT reviews to ensure that all comments given to the FDOT represent the official District opinion.

One of the terms of the two-year contract between FDOT and the District requires the District to submit an Annual Report. FDOT has not only specified the format of the report, but also requires responses to specific questions. The Committee will be provided an overview of the key components of the report.

Regulation Committee Summary - 5 - November 30, 2005

Staff Recommendation: See Exhibit 5

This item is presented for the Committee’s acceptance.

Presenter: Paul W. O’Neil, Jr., P.E., Director, Technical Services Department

6. Peace River/Manasota Regional Water Supply Authority and City of Tampa Production Summaries

A graphic chart and associated tables were presented at the October Regulation Committee meeting illustrating the average monthly production summary of Tampa Bay Water’s public supply system. As stated during the prior meeting, two additional public supply water use systems, the Peace River/Manasota Regional Water Supply Authority (PR/MRWSA) and the City of Tampa were requested for presentation at the November meeting.

The PR/MRWSA is a regional public supply permittee located in the Southern Water Use Caution Area. Water is produced by the PR/MRWSA from surface water withdrawals via the Peace River and supplemental withdrawals from the aquifer storage and recovery (ASR) system. The PR/MWRWSA member governments are: Charlotte County, DeSoto County, Manatee County, and Sarasota County. With the exception of Manatee County, each member government utilizes water produced by the PR/MRWSA in addition to their individually permitted sources (ground water and/or surface water sources) to meet their demands.

The City of Tampa is a regional public supplier providing water to citizens within the city limits and a small section of the Hillsborough County. The primary source for the City of Tampa is the Hillsborough River Reservoir, which is dependent on available flows from the river. Similar to the PR/MRWSA ASR system, excess high flows on the Hillsborough River are treated and stored underground in order to be retrieved in the dry season to assist in meeting demands. In addition, Tampa Bay Water can also supply water to the city’s water supply system to meet shortfalls.

Tampa Bay Water provides water to the tri-county area member governments (Hillsborough County, Pasco County, Pinellas County, City of Tampa, City of St. Petersburg and the City of New Port Richey) in accordance with the Interlocal Agreement, the Northern Tampa Bay New Water Supply and Ground Water Withdrawal Reduction Agreement and associated water use permits.

New sources including desalination, the capture of high flows from surface water sources, and limited new ground water withdrawals have been designed, permitted, and constructed to meet the phased reductions. A comparison of reported production volumes recorded at the Consolidated Permit wellfields, the South Central Hillsborough Regional wellfield, the Brandon Urban Disbursed wellfield, the Tampa Bay Water Desalination facility, the Enhanced Surface Water Projects, and the water transfer projects (THIC and COT-301) are made to illustrate the pre-cutback and post-cutback pumpage distributions.

Staff Recommendation See Exhibit 6

Inclusion of Water Production Summary Graphics in Regulation Committee Routine Reports.

Presenter: Ken Weber, P.G., Director, Water Use Program, Technical Services Department

Regulation Committee Summary - 6 - November 30, 2005

Routine Reports

7. Rulemaking Update

This is the updated monthly Rulemaking Update.

Staff Recommendation: See Exhibit 7

This item is provided for the Committee’s information, and no action is requested.

Presenter: William S. Bilenky, General Counsel

8. Litigation Report – Regulatory Issues

This is the updated monthly Regulation Issues Litigation Report.

Staff Recommendation: See Exhibit 8

This item is provided for the Committee’s information, and no action is requested.

Presenter: William S. Bilenky, General Counsel

9. Demand Management Activities

Monitoring Staff is monitoring baseline regional and national conditions in order to detect any potential concerns during the annual dry season. As of November 8, the U. S. Drought Monitor reported “D0” (abnormally dry) conditions in coastal portions of the District for agricultural interests but not public water supplies. The National Weather Service’s Climate Prediction Center anticipates normal or higher than normal rainfall throughout the dry season (October 2005 through mid June 2006). Although no regional problems are expected, Demand Management staff will closely monitor public suppliers that have historically experienced difficulties in past dry seasons.

Outreach Outreach remains a priority, especially as it relates to recently approved updates to the District’s Water Shortage Plan (see details below). Normal daily outreach duties, such as working with petitioners requesting variances from the year-round water conservation measures and responding to e-mail or calls to the District’s water hotline, also continue.

Rulemaking Board-approved amendments to the District’s Water Shortage Plan (Chapter 40D-21, F.A.C.) are currently scheduled to be published for adoption in Florida Administrative Weekly on November 23. Staff has begun interacting with public suppliers that have expressed interest in the new “water shortage mitigation plan” provisions and the preparation of public information templates and other ancillary documents that will enhance the implementation of future water shortage declarations.

Staff Recommendation:

This item is provided for the Committee’s information, and no action is requested.

Regulation Committee Summary - 7 - November 30, 2005

Presenters: BJ Jarvis, Director, Records & Data Lois Ann Sorensen, Demand Management Coordinator

10. Overpumpage Activities

This is the updated monthly Overpumpage Activities; the charts are included as an exhibit.

Staff Recommendation: See Exhibit 10

This item is provided for the Committee’s information, and no action is required.

Presenter: Paul O’Neil, P.E., Director, Technical Services Department

11. Southern Water Use Caution Area Quantities

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

Staff Recommendation: See Exhibit 11

This item is provided for the Committee’s information, and no action is required.

Presenter: Paul O’Neil, P.E., Director, Technical Services Department

12. Tampa Bay Water Summary Graphic

This is the updated monthly Tampa Bay Water summary; the charts are included as an exhibit.

Staff Recommendation: See Exhibit 12

This item is provided for the Committee’s information, and no action is required.

Presenter: Paul O’Neil, P.E., Director, Technical Services Department

13. January Committee Meeting Agenda

MINUTES OF THE MEETING

Regulation Committee Governing Board Southwest Florida Water Management District

Brooksville, Florida October 25, 2005

The Regulation Committee of the Governing Board of the Southwest Florida Water Management District convened at 9:00 a.m. on October 25, 2005, at District Headquarters. The following persons were present:

Board Members Present Staff Members Present Thomas G. Dabney, Chair David L. Moore Jennifer E. Closshey, Vice Chair John W. Heuer Todd Pressman, Member William S. Bilenky T. G. “Jerry” Rice, Member Karen S. Gruenhagen Patsy S. Symons, Member H. Clark Hull Paul W. O’Neil Board Members Absent Kenneth A. Weber N/A Karen E. West

Other Board Member(s) Present Recording Secretary N/A Carol A. Lynch CPS

Chair Dabney called the meeting to order.

The numbers preceding the items below correspond with the published agenda.

1. September 27, 2005 Committee Meeting Minutes Following consideration, Ms. Closshey moved, seconded by Ms. Symons, to approve the September 27, 205 Committee Meeting Minutes as presented. Motion carried unanimously. (Track 1)

2. Pasco County’s New Drainage Ordinance: Stormwater Design Criteria for Drainage Basins of Special Concern The presentation clarified possible misunderstandings that might have arisen last month regarding Pasco County’s Drainage Ordinance. ERP rules are intended to prevent adverse offsite flooding impacts; and the use of existing ERP rule language, along with some proposed clarification language, will negate the necessity to adopt multiple “basin- specific criteria.” District rules currently provide authority to require applicants to use different storm events in the design of the proposed projects. Discharge is limited to amounts, which will not cause adverse offsite impacts. When the District is made aware of local flooding problems, via, for example, County studies or joint Basin Board/Local Government initiatives, the District can invoke its authority. The purpose of the proposed revisions is to increase the level of certainty for permit applicants proposing projects affecting flood-prone basins regarding the level of analysis required to demonstrate reasonable assurance of compliance with the Conditions of Permits.

Minutes of the Meeting October 25, 2005 Governing Board Regulation Committee Page 2 of 4

The Regulation Committee requested that, District-wide, staff be engaged in better coordination with local governments regarding drainage issues. Currently, the District has multiple major watershed studies ongoing in, not only Pasco County, but also in several other counties. These studies, once completed, will assist Resource Regulation with better information for decision-making.

Following consideration, Mr. Pressman moved, seconded by Ms. Closshey, to approve final rule language as presented and authorize staff to complete the rulemaking process to amend Rule 40D-4.091, F.A.C., and the ERP Basis of Review to clarify water quantity criteria as specified in Exhibit A (Governing Board Packet). Motion carried unanimously. (Track 1)

3. Minor Systems Permit Review Process Overview Staff provided an overview of the process and outlined safeguards to ensure rule compliance for this type of ERP. The District issues two types of construction permits under Environmental Resource Permitting (ERP) rules, general permits and individual permits. Within the category of general permits are several sub-categories including a general permit for small or minimal impact projects known as minor systems. Minor systems tend to have the least potential for adverse impacts to water resources compared to other ERP applications evaluated by the District. Assuming relatively low risk to water resources, the District has opted to perform a limited administrative review of these applications. Screening procedures are employed, however, to identify those minor systems that have the potential to cause greater impacts. Those projects are then elevated to a higher-level technical review. Upon completion of construction of a minor system, a permittee must submit a certified statement of completion and as-built drawings to the District before the permitted system can be transferred to the operation phase. The District reviews all as-built construction drawings and a subset of constructed minor systems are field verified. Constructed systems must be periodically re-certified to ensure continued operation effectiveness. The Chairman inquired if the public had a legitimate expectation that the District would conduct at least a cursory engineering review of the proposed project. Office of General Counsel responded that we receive signed and sealed documents certified by a Florida licensed Professional Engineer and that those certified documents are the basis for the District’s approval or denial of the ERP Minor System applications. General Counsel went on to say that the District has, on occasion, referred PE’s to the FBPE for disciplinary action, as directed by a recent Audit. This item was presented for Committee member information only. No action was required. (Track 2)

4. Tampa Bay Water Production Summary Graphic The Committee was presented with a revised graphic and table as a result of last month’s discussion. The graphic illustrates the reduction in the Consolidated Permit as alternative sources have come online. A few minor changes to the colors used were suggested. Overall, the Committee was pleased with the graphic and will suggest changes as appropriate in future months. In the upcoming months, staff will be developing similar graphics that display production quantities for the City of Tampa and the Peace River Water Supply Authority. The Executive Director informed the Committee that there was an ongoing initiative to provide each of the Committees with appropriate and meaningful routine reports for their review and comment. This item was presented for Committee member information only. No action was required. (Track 3)

Minutes of the Meeting October 25, 2005 Governing Board Regulation Committee Page 3 of 4

5. Florida’s Coastal Zone Management Program and Environmental Resource Permitting Staff provided the Committee with an overview of the Federal Coastal Zone Management Program. This program provides incentive for the State to develop a Coastal Management Program by giving Florida the ability to control Federal projects by allowing Florida to determine whether federal projects are consistent with their federally approved Coastal Management Program. Florida's Coastal Management Program was implemented without the need for new rules and provided needed coordination among state agencies. For permit applications also requiring a federal permit, four state agencies are provided the opportunity to determine the project's consistency with statutes and rules within their jurisdiction. An inconsistency determination from any of these agencies will result in the permit application being denied, unless the inconsistency is resolved. The agency that makes the determination of inconsistency is responsible for defending their determination. In the rare cases where consistency concerns have been identified, staffs have successfully worked with the applicant and objecting agency to resolve the concerns identified. Although the time clocks for consistency review is much longer than the regulatory time clocks, most consistency issues are usually resolved within the regulatory time frames, with a time clock waiver only occasionally being needed. The Committee asked what percentage of ERP applications fall into the Coastal Zone Management Program; staff responded that it was approximately 10 percent. This item was presented for Committee member information only. No action was required. (Track 4)

Routine Reports Information for the following reports was provided in the Board packet:

6. Overpumpage Activities 7. Southern Water Use Caution Area Quantities 8. Demand Management Activities 9. November/December Committee Meeting Agenda Consent Items • Approval of the Minutes of the Committee Meeting of October 25, 2005 Discussion Items • Remote Sensing Units for Metering (BJ Jarvis) • Annual Report on Efficient Transportation Decision Making (ETDM) (P. O’Neil) • Water Use Permit (WUP) Transfers and Real Estate Closings (K. Weber) Routine Reports • Demand Management • Overpumpage Activities • Southern Water Use Caution Area Quantities • Tampa Bay Water Summary Graphic • January Committee Meeting Agenda (Track 5)

Permit Transfers and Real Estate Closings At Chair Dabney’s request, Ms. Closshey related an experience she had where property transaction involving a water use permit was handled smoothly because the people handling the title, etc, were familiar with the permit transfer process. Such a smooth transaction is believed to be relatively rare, and apparently some property transactions involving water use permits are much more of an ordeal. To facilitate smoother transactions of this nature, one suggestion might be to develop an outreach program that would be focused on the real estate and title industries with the intended result that most firms would develop the expertise to accomplish these smooth Minutes of the Meeting October 25, 2005 Governing Board Regulation Committee Page 4 of 4

transactions. To meet the 45-day transfer deadline, Ms. Closshey suggested that we accept the title company’s certified deed because it takes so long to get the deed certified by the county. Mr. Pressman suggested that another approach might be to develop specific wording on the permits and permit forms establishing what must be done in cases where the land transaction includes transfer of a water use permit. After further discussion, the Committee instructed staff to come back next month with some options and approaches that might address this issue, for further deliberation by the Committee. (Track 5)

District Coordination with the Army Corps of Engineers (ACOE) At this time, the Chairman requested that the Committee be updated on coordination between the District and the ACOE. Staff updated the Committee on efforts to consolidate State and Federal permitting. A recent report to the Legislature by the Department of Environmental Protection identified significant changes to State and Federal laws that would be necessary before Florida could assume Federal permitting responsibilities under the state ERP program. An alternative approach previously endorsed by the Regulation Committee is to assist the ACOE in the development of Regional General Permits (RPG’s) applicable within the geographic boundaries of SWFWMD. One RGP would apply to multi-phase projects, which have received an ERP Conceptual Permit. A second RGP would apply to FDOT road projects, which have been reviewed through the ETDM process and which have mitigation approved through the District’s FDOT Mitigation Program. Staff will be presenting draft permit language at each of the upcoming ERP Advisory Group meetings. Staff will return in January 2006 with an update. (Track 5)

Marion County Well Delegation Agreement Update Chair Dabney requested a brief update regarding the delegation of the WCP program to Marion County. Staff reported that a meeting was held on Friday, October 21 with staff and Marion County representatives. Progress is being made, and a draft of the agreement may be available for the January 2006 Regulation Committee meeting. The Committee requested that staff add all the Regulation Committee members to the email list for updates on Marion County Well Delegation. (Track 5)

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

The Southwest Florida Water Management District does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the District's functions including one's access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation, as provided for in the Americans with Disabilities Act, should contact the Executive Department, telephone 1-800-423-1476 (Florida only), extension 4604; TDD ONLY 1-800-231-6103 (Florida only); FAX 352-754-6874.

ETDM Annual Report

Southwest Florida Water Management District

January 2006

Introduction

This ETDM Annual Report covers the Southwest Florida Water Management District’s (District) participation in the Florida Department of Transportation’s (Department) Efficient Transportation Decision Making (ETDM) process during the period from 1 October 2004 to 30 September 2005.

Participation in the ETDM program has enhanced the ability of the District staff to identify the: • Scope and extent of major, regional, transportation projects • Possible resource implications in the context of: o Regional watersheds o Previous District decisions (permit actions) o Anticipated Environmental Resource Permit applications • Wetland impacts and future mitigation needs • Possible impact to District o Planning initiatives o Project initiatives o Lands

Participation has also enhanced previous communications with the Department regarding their transportation planning processes and interrelated resource issues in a cooperative and comprehensive manner.

The District’s responsibilities with respect to major transportation projects include: • Initial project reviews • Coordination with watershed planning studies • Regional mitigation planning • Environmental Resource Permit (ERP) and Water Use Permit (WUP) application processing • Meeting with Department staff to discuss projects and project reviews

The District anticipates that continued participation in the ETDM process will result in enhanced awareness on the part of the Department and District in terms of regional transportation planning and design, and regional resource management. The District believes that their responsibilities under the ETDM program will continue to be enhanced due to their participation.

The following sections respond to the Department’s ETDM Performance Measures & Annual Report Questions format.

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Section 1 – Before ETDM Implementation

1.1 Describe how your agency was organized in Florida?

The District’s Governing Board is the agency head. As set forth in Section 373.073, F.S., the Governor appoints the Board members, subject to confirmation by the Florida Senate. The Governing Board’s duties include directing a wide-range of programs, initiatives, and actions, to carry out the District’s duties and responsibilities under Chapter 373, F.S. and several delegated portions of Chapter 403, F.S. The Governing Board employs an Executive Director who is charged with overseeing the day-to-day activities of the District.

The Governing Board has designated Basin Boards within the District as described in Section 40D-1.107, Florida Administrative Code. The Governor appoints Basin Board members, subject to confirmation by the Florida Senate. Basin Boards are responsible for identifying water resource concerns and problems within their respective areas and adopting budgets to address and fund the resolution of such concerns

The District’s day-to-day duties and responsibilities, under Chapter 373, F.S. and the delegated portions of Chapter 403, F.S., are accomplished through the following functional units: • Office of Executive Director • Division of Resource Regulation • Division of Resource Management and Development • Division of Management Services

The mission of the District is to manage the water and water-related resources within its boundaries. Central to the mission is maintaining the balance between the water needs of current and future users while protecting and maintaining the natural systems that provide the District with its existing and future water supply. The District achieves their mission through several programs. These programs include, but are not limited to, flood control, regulatory programs, water conservation, education, and supportive data collection and analysis efforts.

1.2 How did project information enter your organization?

Information on the Department’s transportation projects was typically introduced to the District through one of the following mechanisms: • Inclusion on the Department’s Project Inventory pursuant to 373.4137, F.S. • Circulation through the Florida State Clearinghouse process • Participation in a pre-application meeting with regulatory staff • Submission of an Environmental Resource Permit application or notice • Review of a local government proposed comprehensive plan amendment, development of regional impact (DRI) statement, or other local government documentation • Receipt of an Advance Notification letter directly from the Department or supporting organization • Newspaper and mailed meeting notices

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1.3 How many staff were involved and how were they allocated?

Staff assignments and involvement were generally handled on an ad hoc basis. For example, planning documents were assessed by staff in the District’s Planning Department, pre- application meetings and permit applications by staff in the District’s regional, regulatory service offices, and general staff assignments through contacts with the Office of Executive Director. Staff resources were seldom available and abbreviated responses, such as stating that a project may be an activity requiring a permit and that the Department should consult with the appropriate regulatory service office, or no participation (such as at public meetings) were typical.

The notable exception is that one staff is assigned full-time to coordinate the Department’s mitigation program under 373.4137 F.S., and assisted by others on an ad hoc basis. The Department financially reimburses the District for this position through the mitigation program and not through ETDM.

1.4 How were projects assigned?

Either the Office of Executive Director or service office regulatory directors assigned review and comment assignments to District staff on the basis of staff availability. Mitigation program contacts are typically handled directly with the dedicated District staff.

1.5 How frequently did staff consult or coordinate with FDOT on projects?

Under 373.4137, the District staff communicated with Department staff as needed or when wetland impacts were listed on the mitigation inventory. For clearinghouse and similar notices, District staff generally did not consult directly with Department staff and, based on available time and resources, responded with comments to the agency coordinating the review. Contact between District regulatory staff, while believed to be frequent, is often casual and happened whenever approached by the Department staff or consultants.

1.6 How many FDOT projects were reviewed and coordinated with FDOT each year?

The FDOT Mitigation Program (Chapter 373.4137) commenced in 1996 as a method to conduct ecologically beneficial yet more economical alternatives to traditional mitigation projects constructed by FDOT. The District implements the program in this region and collaborates with many state and local resource agencies to conduct habitat restoration on existing public lands as the primary means to provide cost-effective mitigation for the anticipated wetland impacts. Other mitigation alternatives the District pursues include land acquisition with associated habitat preservation and enhancement; as well as the purchase of mitigation bank credits. The District funds these mitigation projects and is reimbursed for direct costs by the Department during the permitting period of the roadway projects.

From 1996-2000, FDOT annually submitted an average of five new roadway projects for inclusion in the mitigation program. Due to accelerated roadway construction schedules and available FDOT funds, there was an increase of 30-40 new roadway projects annually submitted from 2001-2005. These primarily include roadway projects that have already

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proceeded through the PD&E process and are already in the design phase. The District has been able to locate and designate 35 mitigation projects to provide compensation for 95% of the 196 roadway projects submitted to the wetland impact inventory since inception of the program. The potential mitigation options are located and nominated by the District to a multi- agency review group for review and concurrence, followed by review and approval for funding by the District's Governing Board. In addition to the 30-40 new roadway projects annually submitted to the program, the District is also responsible for review of the ETDM projects (28 submitted in the first year) to evaluate where and what type of habitat restoration needs and opportunities to consider pursuing for possible nomination as future mitigation projects.

The FDOT, directly or through their planning and design consultants, applies for Environmental Resource Permitting permits in a rate that varies from year to year. In addition to direct applications, they often schedule pre-application meetings. The following summarizes approximately, the average number of contacts for the previous year: 58 ERP applications, and 73 ERP pre-application meetings.

In addition, the FDOT, directly or through their planning consultants, will provide the District with Advanced Notification letters. The District’s processing and responses to those notices have been abbreviated. It is estimated that the District, in the previous year, responded to approximately 12 such notices.

1.7 Describe your typical involvement with FDOT projects and at what phase that involvement usually occurred: planning, PD&E, permitting, etc…

District staff closely coordinated with the Department on projects provided on the Department’s inventory through the 373.4137, F.S. process. This involvement is typically after the project planning stages and generally in the Department’s Project Development & Environment (PD&E) process or permit application process when impacts had been established.

District regulatory staff responds to permit applications from the Department; however, those typically come during the PD&E or project development (construction documentation preparation) phases of the Department projects.

1.8 How many staff hours per month were typically devoted to working on FDOT projects? Planning Phase? PD&E phase? Permitting?

The District staff working on the 373.4137, F.S. program average about 200 hours per month. District staff working on planning projects average about 10 hours a month. District staff’s work on permitting roadway improvement projects is not specifically documented as being on a particular phase or by the Department (roadway projects are also permitted by local governments). It is estimated that permitting contacts average about 500 hours a month.

1.9 What were the major barriers to coordination and involvement with FDOT projects: Budget? Staff? Other Resources? Time? Communication? Meetings? Field Reviews?

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Resource limitations (number of staff, budgets, etc.) require that District staff have a priority focus on the District’s mission and the programs and initiatives as directed by the Governing Board.

Field reviews were typically handled as a part of the pre-application meeting or ERP application review process (a District program).

1.10 Describe your involvement with the MPO’s planning process?

On a time-available basis, District staff would occasionally and informally review MPO plans as provided to the District.

1.11 When did your agency typically provide review on DOT transportation projects?

At the planning stage, the District would respond to Department notices and Florida State Clearinghouse notices on a time-available basis. The District would respond as required during the permit application review process; however, this is generally during the project development phase.

1.12 How often have you published joint notices with FDOT?

The District has not published joint notices with the Department.

Section 2 – After ETDM Implementation

2.1 Describe how your agency is organized in Florida?

The agency organization is unchanged after ETDM implementation. To respond specifically to the ETDM program and to the extent that the Department funds the District’s initiatives, the District has created a Virtual Project Team comprised of the following: • A District senior staff member assigned as the ETDM Project Manager and who is responsible for directing the activities of the project team members, for reviewing all review commentary before submission to the Department, and for providing for other, official communication between the District and the Department • An out-sourced, consultant provides a senior staff member who serves as the District’s Environmental Technical Advisory Team (ETAT) Representative, who coordinates the day-to-day review and comment activities by the out-sourced, technical support consultants and District staff, and who handles routine communication with the Department as directed by the ETDM Project Manager • District staff, from across Division lines, as available and as needed, participate at the invitation of the ETAT Representative to respond to specific, directed questions or to provide review and comment on project reviews before the are reviewed by the ETDM Project Manager and forwarded to the Department • Out-sourced, technical support consultants who provide for the initial review of the Department’s projects.

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2.2 How does project information enter your organization?

Project information enters the District generally through the following mechanisms: • Letters, such as Advance Notification letters and public meeting notices, that are directed to the Office of Executive Director are assigned to appropriate staff for action or response • ERP permit applications • Environmental Screening Tool (EST) postings by the Department’s ETDM Coordinator

The Department’s mitigation program under 373.4137, F.S. continues to be handled in the same manner as before ETDM; however, the District staff assigned to the mitigation program is also a commenter to the Department’s project reviews.

2.3 How many staff are involved and how are they allocated?

An average of 12 District staff and 16 consultant staff work part-time on ETDM reviews each month as part of a virtual project team. They are generally assigned as follows: • 1 District staff as ETDM Project Manager • 1 consultant staff as ETAT Representative • 2 District staff as administrative support to the ETDM Project Manager to prepare letters, monitor budget allocation and expenditures • 9 District staff to review and comment on documents prepared by the technical reviewers • 15 consultant staff as technical reviewers to research and prepare initial drafts of the review documents

It is important to know that only the ETDM Project Manger, ETAT Representative, and 2 administrative support personnel are fixed assignments. Some of the other staff that works on this project work on each and every review; other staff work on only some reviews or portions of reviews. Some have specific knowledge and experience and only review for possible impacts in their area of expertise. Others have geographic focus such as senior regulatory staff in each of the service offices. The ETAT Representative coordinates with the reviewers to ensure that appropriate staff is assigned to each project review.

2.4 Describe how Section 1309 funds have been used to streamline process?

Funding provided by the Department is utilized to fund additional personnel resources necessary to provide the enhanced level of detail in the review of Department projects as described in the District’s reports to the Department and in accordance with the Agreements between the District and the Department. The in-depth assessments of the proposed projects, well in advance of permit application, clearly identifies possible proprietary, environmental and permit issues far enough in advance to allow the FDOT to anticipate analysis and design questions in advance of permitting. Traditional approaches, where the first contact with the District was at either the pre-application meeting (typically at the 30% design point) or permit application submittal (typically at the 60% design point), resulted in issues and questions being raised that were seen as surprises and cause for delay in project delivery. The ETDM procedures implemented by the District now establish a pre-application file for each project,

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provide a mechanism for identification of important issues through productive coordination, and garner useful feedback from District staff. The end result is that a single report containing information relevant to District ERP processing is transmitted to FDOT within a 45-day period.

2.5 How are projects assigned?

The ETAT Representative, ETDM Project Manager and consultant technical staff receives EST notices. The ETAT Representative and project managers with the consultant technical staff assign the reviews to appropriate staff.

The ETAT Representative circulates draft and final review documents to District staff as deemed necessary (for example, according to geographic area or expertise).

Certain other Department contact, such as PD&E project notices, advance notice, and clearinghouse review letters, typically go to the ETDM Project Manager who coordinates with the ETAT Representative to either respond to the Department or to handle a review under similar protocols to the EST project reviews.

2.6 How frequently does staff consult or coordinate with FDOT on projects?

Coordination happens an average of 10 times a month, primarily through EST participation, electronic mail, and telephone contact. Infrequently, the ETAT Representative attends meetings with the Department’s ETDM Coordinator or other designated staff, or attends an agency or public meeting called by the Department or their consultant.

2.7 How many FDOT projects have been reviewed or coordinated with FDOT over the past year? How does this differ from prior business practice?

Not including Department mitigation projects or ERP permit applications, which continue to be handled under programs funded separately from ETDM, the District has reviewed and commented on 28 projects, which would not have otherwise been reviewed, as follows:

I.D. or Number Description County 3127 SR 48 West of I-75 to CR 475 Sumter 3150 US 98 Highlands 3204 US 41 Add Lanes Charlotte 3204 US 41 Add Lanes Sarasota 3860 US 41 Add Lanes Sarasota 3866 US 301 Add Lanes Manatee 3869 US 27 Add Lanes Polk 4131 UCFP SR-70 Hillsborough 4148 UCFP I-75 Hillsborough 4263 UCFP I-75 Hillsborough 4433 SR 52 from US 41 to I-75 Pasco 4791 I-75 Add Lanes (Manatee County) Manatee 4792 I-75 Add Lanes (Sarasota County) Sarasota 4851 SR 54 (Morris Bridge Rd.-US 301) Pasco 4852 SR 54 (Trinity Blvd.-Suncoast Parkway) Pasco

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4853 SR 54/SR 56 (Suncoast Parkway-SR 581) Pasco 4854 SR 581/CR 581 (Pasco/Hillsborough County Line-SR 54) Pasco 5051 US 41 Frontage Road Sarasota 5171 SR 50 (Kettering Rd. to McKethan Rd.) Hernando 5172 US 41 (SR 50A to CR 476) Hernando 5173 SR 50 A (west of one-way pairs) Hernando 5174 SR 50 A (east of one-way pairs) Hernando 5178 M L KING BLVD Hillsborough 5179 US HWY 301 Hillsborough 5180 US HWY 41 Hillsborough 5191 Causeway Blvd Hillsborough 5193 DALE MABRY HWY Hillsborough 5351 Harborview Blvd Add Lanes Charlotte 0751-120-I I-75 North of SR 54 to South of CR 476B Pasco, Hernando, Sumter 0751-125-I to -128-I I-75 Add North of SR 78 to River Road Lee, Charlotte, Sarasota no number SR 542 1st St. in Winter Haven to US 27 Polk no number Veterans Expressway, Memorial Hwy to Van Dyke Rd Hillsborough

2.8 Describe your typical involvement with FDOT projects and at what phase that involvement occurs: Planning, PD&E, Permitting, etc…

The District typically participates in the Department’s ETDM process through project reviews as made known to the District through one of the following mechanisms: • EST postings • Advance Notification letters • Florida State Clearinghouse letters and notices • Direct contact by the Department or their consultant

Reviews have generally been at the Planning and Programming screens with some project reviews at the PD&E stage (which has replaced the Project Development screen).

Contacts with the Department, for the mitigation program under 373.4137, F.S. and for ERP permit application and processing, remain unaffected by the ETDM program.

2.9 How many staff hours per month are typically devoted working on FDOT projects? Planning Phase? PD&E phase? Permitting?

For the District staff, an average of 33 hours a month are devoted to working on reviewing Department projects. For the out-sourced, consultant staff, an average of 750 hours a month are devoted to working on reviewing Department projects. In terms of full time equivalent employees, this is a staffing level that averages 4.9 positions a month.

Work on the Department’s mitigation program under 373.4137, F.S. continues unchanged and is, except for a few hours as mentioned in the previous paragraph, not funded by the ETDM program.

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Work on the Departments permit submittals continues as normal and in response to permit applications, except for a few hours as mentioned in the first paragraph, and is not funded by the ETDM program.

2.10 Describe your involvement with MPO’s planning process?

Direct involvement with MPOs has not changed since the implementation of ETDM, except for that through the EST.

2.11 Describe instances of where early collaborative decision-making with FDOT has occurred to eliminate duplication or resolve issues?

In the past, there were few early opportunities for collaborative decision-making with the Department; except for pre-application meetings, which typically happen during the end of the PD&E process or during project development (design). Another opportunity for collaborative decision-making is in the mitigation program; however, that process continues unchanged under ETDM.

The ETDM participation has encouraged early collaborative decision-making in the mitigation program by alerting the District’s mitigation program manager to the possibility of projects happening that are not yet on the mitigation program list. Also, learning of projects that span District boundaries has allowed inter-district coordination with regards to the mitigation program.

ETDM participation has encouraged early collaborative decision-making in the regulatory program by identifying linear projects that span two water management district jurisdictions. This allows this District, other water management districts, and Department to establish a protocol for permit processing well in advance of permit application preparation and submission.

ETDM participation has encouraged the District to propose possible joint and compatible uses of District property such as for storm water pond sites where no opportunities exist within existing or adjacent right-of-way.

2.12 When did your agency become aware of and receive public input on a transportation project? Planning? Programming? Project development?

At the staff level, this is happens during the EST reviews. Generally, the District may receive public input during their planning process for wetland mitigation projects and when processing ERP permit applications. In the latter case, the involvement is unpredictable.

2.13 How often have you published joint notices with FDOT?

This has not occurred to date.

2.14 What are the major barriers to coordination and involvement with FDOT projects: Issues to consider Budget? Staff? Other Resources? Time? Communication? Meetings? Field Reviews? Environmental Screening Tool?

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There is an institutional barrier that is required by District policy, rules and regulations, and the agreements between the District and Department. ERP permits will be submitted, processed, and approved following existing legal authority. The Department continues to seek to “pre- negotiate” the conditions for the permit when there no construction detail to work with or to contact and involve regulatory staff in the details of planning and PD&E projects outside of the ETDM program.

The District files each official project review and response in a pre-application meeting file. In this way, continuity is ensured between the District’s ETDM participation and the regulatory process, without prejudicing the District’s permitting process. Participation in the ETDM program ensures that the Department and District regulatory staff are “on the same page” with regards to identified issues.

The District and Department have cultural differences with regards to the interpretation of degree of effect. The District considers an issue to be “Moderate” if they consider an adverse impact to be a likely outcome, without effort made during final design, or the permitting phase, to deal effectively and efficiently with the issue. The District considers an issue to be “Substantial” when there do exist issues or problems in the project area and they consider an adverse impact to be a likely outcome (in other words, a poor situation may be made worse). The Department has advised the District that the overuse of the “Substantial” degree of effect could be interpreted as a basis for requiring more elaborate NEPA document preparation. The District does not intend to create problems for the Department with regards to NEPA. They do want to make certain that the Department understands the seriousness of certain issues to the ERP permitting process so that the Department will be well prepared to address such issues during permitting. That should greatly improve the project delivery through the receipt of permit with as little delay as feasible.

The highly variable project review scheduling by the Department, in terms of the number of EST project reviews, Advance Notice letters, and PD&E solicitation for participation, makes resource scheduling and management difficult.

2.15 What are some of the findings or results you have discovered related to your agencies operations, FDOT operations or the environmental process in general since participation in the MOU and agreements?

Participation in ETDM has greatly enhanced the communication between the District and Department with regards to the extent and types of issues that could affect permit application and processing on future projects. Regulatory issues that may have otherwise gone unnoticed or unresolved are now being considered well in advance of project design.

2.16 What recommendations would you make to improve the environmental streamlining of the process?

The District has requested that the Department provide specific feedback on the District’s performance under ETDM (primarily for the EST reviews). It appears that will happen yearly. The District suggests that the Department consider feedback at least twice a year so that the District can consider the comments in the District’s effort to improve internal processes.

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It would be very helpful to resource allocation and demand leveling if the Department could provide monthly updates on the number of EST project reviews, Advance Notice letters, and PD&E solicitation for participation that the Department anticipates in the District’s geographic area.

Section 3 – Agency Specific Performance Measures (PM) Questions

3.1 If your agency has established Performance Measures, describe your Performance Measures and how participation in ETDM process and streamlining has contributed to meeting these measures?

The District has not established specific Performance Measures. The District’s ETDM Project Manager, in coordination with the ETAT Representative, does track budget commitment, expenditures, staff numbers and staff hours on a monthly basis. The information is used to make predictions regarding resource levels and utilization.

The ETAT Representative maintains a milestone table for each, assigned project review that is used to track internal review performance. A “typical” schedule, in terms of calendar days from the release date, has been coordinated within the project team. This information ultimately affects the Department’s performance measures (such as when reviews are uploaded). An example follows:

EST #4433 (SR 52 from US 41 to I-75) Milestone Scheduled Actual Release Date5/10/2005 5/10/2005 Draft Document & Initial Review 5/27/2005 5/27/2005 Document Coordination & Publication 5/31/2005 6/6/2005 Staff & Consultant Team Review 6/14/2005 6/15/2005 Final Document Coordination & Publication 6/18/2005 6/17/2005 Final Document Reviewed w/Paul O’Neil 6/23/2005 6/21/2005 Upload Comments to EST or Send Letter 6/24/2005 6/23/2005 Due date 6/24/2005

3.2 Using EST reports, discuss how your agency has met the performance measures established in the ETDM Agreements.

Complete Planning and Programming Screens within 45 days – Typical response has been in 44 days (from notice of review starting to date of upload of comments to the EST). The District had to request time extensions to respond to PD&E Advance Notification letters, as their internal process for handling such letters needed adjusting (i.e., it took too long for an Advance Notification letter to get to the ETAT Representative for action). No time extension request was refused and responses were mailed within the agreed time periods.

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Review environmental documentation within 30 or 45 days – No such documents were presented to the District

Complete Conflict Management Process within 120 calendar days – No Conflict Management Process was initiated with the District

Conclusion

Participation in the Efficient Transportation Decision Making process has improved and enhanced the thoroughness of District reviews, in particular with respect to secondary and cumulative impacts and the public interest test. Many of the points that the District has raised are considered to be minor and, with greater project detail (such as whether additional lanes are constructed inside or outside existing lanes, the availability of pond siting reports, etc.), are anticipated to become unimportant at permit processing. The benefit to the Department is that these issues are nonetheless on the table so that the Department may consider them and respond appropriately.

The District staff had determined that the available Department budget could only support four FTE positions, if they were available. As they were not available, the District has tried a novel approach to out-sourcing that is resulting in a nearly five full-time position (FTE) equivalent of effort for the original budget for four. So far, the Department’s opinion of the value of one- year’s participation in ETDM (present funding level) appears to be very close to the actual experience.

Even with reliance on out-sourced consultant services to assist with the majority (approximately 95%) of the review effort, the District has made their internal oversight process both efficient and highly effective and been able to keep the effort within their resource availability. Before a report (or comments) is passed along to the Department, there have been no less than two consultant reviews and two District reviews of the comments. ETDM project status is periodically reviewed with the Governing Board. The District’s staff’s supervisory oversight and control appears to be more than adequate to ensure that comments are reflective of the District’s proprietary and regulatory interests.

11-14-2005 Page 12 of 12 Peace River/Manasota Regional Water Supply Authority and Member Governments Average Monthly Production Calendar Year 2001 Calendar Year 2002 Calendar Year 2003 PRMR Charlotte DeSoto Sarasota Manatee Manatee PRMR Charlotte DeSoto Sarasota Manatee Manatee PRMR PRMR Charlotte DeSoto Sarasota Manatee Manatee Month PRMR SW ASR County GW County GW County GW County SW County GW PRMR SW ASR County GW County GW County GW County SW County GW SW ASR County GW County GW County GW County SW County GW Jan 0.00 6.40 0.47 0.27 8.98 31.15 12.77 10.94 3.06 0.43 0.23 8.03 29.19 14.71 18.43 0.00 0.46 0.35 9.30 24.80 15.22 Feb 0.00 11.95 0.51 0.21 9.50 32.84 12.80 8.56 2.12 0.48 0.32 8.01 29.60 15.02 17.48 0.00 0.49 0.39 8.38 26.00 16.21 Mar 0.00 9.85 0.49 0.27 9.94 30.62 12.31 9.82 1.63 0.52 0.28 11.38 34.02 14.61 17.42 1.59 0.49 0.37 8.63 27.41 14.67 Apr 3.63 3.93 0.00 0.24 9.08 32.82 13.33 3.28 5.08 0.50 0.31 10.87 35.24 14.29 9.57 10.84 0.48 0.33 10.68 35.26 14.57 May 0.00 4.98 0.88 0.19 9.75 35.36 12.72 0.00 4.49 0.40 0.29 8.30 37.36 14.27 3.36 11.65 0.37 0.41 8.27 32.27 13.68 Jun 11.38 1.33 0.34 0.13 7.95 29.16 12.53 21.29 4.70 0.27 0.31 7.19 29.24 14.58 9.81 3.30 0.31 0.37 7.26 25.72 14.62 Jul 8.16 0.00 0.28 0.20 6.18 13.52 12.25 15.83 2.08 0.28 0.87 4.43 25.50 14.71 23.81 0.00 0.31 0.61 7.65 22.72 16.05 Aug 6.20 0.00 0.33 0.28 6.22 25.62 13.53 18.84 0.05 0.26 0.85 4.79 24.68 14.37 20.09 0.00 0.30 0.39 7.16 19.69 16.21 Sep 6.22 0.00 0.35 0.27 7.83 25.18 13.57 19.71 0.00 0.33 0.26 5.87 22.08 14.60 20.50 0.00 0.31 0.42 7.49 20.69 15.56 Oct 15.32 0.01 0.37 0.31 7.02 31.91 12.02 26.17 0.00 0.35 0.35 7.54 28.54 13.43 21.74 0.00 0.41 0.40 7.61 26.67 15.26 Nov 9.14 0.00 0.47 0.29 8.42 32.75 14.48 21.54 0.00 0.41 0.41 6.97 30.70 12.06 21.21 0.00 0.46 0.41 7.83 28.90 15.21 Dec 0.89 0.02 0.43 0.28 8.04 32.72 14.62 20.32 0.00 0.40 0.40 6.54 22.64 13.11 18.64 0.02 0.46 0.41 5.65 27.32 15.34 Avg. 5.08 3.21 0.41 0.24 8.24 29.47 13.08 14.69 1.93 0.39 0.41 7.49 29.07 14.15 16.84 2.28 0.40 0.41 7.99 26.45 15.22

Note PRMR - Peace River/Manasota Regional Water Supply Authority Manatee County is a Member of the PRMRWSA, However No Withdrawal Quantities Are Transferred to Manatee

Peace River/Manasota Regional Water Supply Authority and Member Governments Average Monthly Prodution Calendar Year 2001 Calendar Year 2004 Calendar Year 2005 PRMR Charlotte DeSoto Sarasota Manatee Manatee PRMR Charlotte DeSoto Sarasota Manatee Manatee PRMR PRMR Charlotte DeSoto Sarasota Manatee Manatee Month PRMR SW ASR County GW County GW County GW County SW County GW PRMR SW ASR County GW County GW County GW County SW County GW SW ASR County GW County GW County GW County SW County GW Jan 0.00 6.40 0.47 0.27 8.98 31.15 12.77 15.99 0.00 0.52 0.40 8.82 29.87 13.15 20.13 0.00 0.65 0.40 9.01 28.85 15.17 Feb 0.00 11.95 0.51 0.21 9.50 32.84 12.80 20.08 0.00 0.57 0.41 9.25 25.92 15.31 20.63 0.00 0.70 0.42 10.07 31.51 10.96 Mar 0.00 9.85 0.49 0.27 9.94 30.62 12.31 18.24 0.03 0.63 0.37 9.05 30.57 15.67 19.34 0.00 0.65 0.44 8.56 28.94 15.21 Apr 3.63 3.93 0.00 0.24 9.08 32.82 13.33 9.87 10.09 0.38 0.37 8.75 32.43 15.50 16.46 0.91 0.66 0.39 8.79 30.92 15.08 May 0.00 4.98 0.88 0.19 9.75 35.36 12.72 4.85 15.52 0.47 0.41 7.76 33.51 15.51 10.93 12.46 0.52 0.48 8.19 30.36 15.34 Jun 11.38 1.33 0.34 0.13 7.95 29.16 12.53 4.29 7.50 0.41 0.94 7.19 29.58 15.25 11.88 5.44 0.50 0.45 7.48 23.55 14.77 Jul 8.16 0.00 0.28 0.20 6.18 13.52 12.25 24.42 0.01 0.44 0.42 7.78 24.15 15.56 20.40 0.00 0.55 0.48 8.63 23.43 15.11 Aug 6.20 0.00 0.33 0.28 6.22 25.62 13.53 7.63 0.05 0.57 0.42 10.34 26.73 12.67 20.61 0.00 0.48 0.49 6.84 27.49 14.83 Sep 6.22 0.00 0.35 0.27 7.83 25.18 13.57 14.61 0.02 0.54 0.42 6.90 24.25 13.10 21.76 0.00 0.50 0.48 6.99 29.70 15.40 Oct 15.32 0.01 0.37 0.31 7.02 31.91 12.02 22.62 0.00 0.57 0.39 8.35 26.14 15.81 Nov 9.14 0.00 0.47 0.29 8.42 32.75 14.48 25.57 0.00 0.66 0.39 7.59 31.31 14.44 Dec 0.89 0.02 0.43 0.28 8.04 32.72 14.62 19.90 0.00 0.56 0.45 8.09 29.23 13.51 Avg. 5.08 3.21 0.41 0.24 8.24 29.47 13.08 15.67 2.77 0.53 0.45 8.32 28.64 14.62 18.02 2.09 0.58 0.45 8.28 28.30 14.65

Note PRMR - Peace River/Manasota Regional Water Supply Authority Manatee County is a Member of the PRMRWSA, However No Withdrawal Quantities Are Transferred to Manatee Peace River Manasota Regional Water Supply Authority & Member Governments (Avg. Mo. Production) 100 100

80 80

60 60

40 40

Million Gallons Per Day Million Gallons 20

0 0 Jul-01 Jul-02 Jul-03 Jul-04 Jul-05 Oct-01 Oct-02 Oct-03 Oct-04 Apr-01 Apr-02 Apr-03 Apr-04 Apr-05 Jan-01 Jan-02 Jan-03 Jan-04 Jan-05 Feb-01 Jun-01 Feb-02 Jun-02 Feb-03 Jun-03 Feb-04 Jun-04 Feb-05 Jun-05 Mar-01 Mar-02 Mar-03 Mar-04 Mar-05 Dec-01 Dec-02 Dec-03 Dec-04 Sep-01 Sep-02 Sep-03 Sep-04 Sep-05 Nov-01 Nov-02 Nov-03 Nov-04 Aug-01 Aug-02 Aug-03 Aug-04 Aug-05 May-01 May-02 May-03 May-04 May-05 Date PRMRWSA SW PRMRWSA ASR Manatee Co. SW Manatee County GW Sarasota County GW Charlott County GW DeSoto County GW CITY OF TAMPA AVERAGE MONTHLY PRODUCTION Calendar Year 2001 Calendar Year 2002 Calendar Year 2003 Calendar Year 2004 Calendar Year 2005 Hills. River ASR Hills. River ASR Hills. River ASR Hills. River Hills. R. Month Reservoir Recov. TBW Reservoir Recov. TBW Reservoir Recov. TBW Reservoir ASR Recov. TBW Reservoir ASR Recov. TBW Jan 41.85 0.00 30.14 66.55 0.00 0.00 64.47 0.00 0.00 74.81 0.00 0.00 83.24 0.00 0.00 Feb 43.02 0.00 31.08 65.99 0.00 0.00 64.85 0.00 0.00 73.01 0.00 0.00 81.12 0.00 0.00 Mar 32.90 1.98 30.21 70.82 0.89 0.00 66.86 0.00 0.00 75.27 4.88 0.00 73.87 2.26 0.00 Apr 64.88 6.03 0.87 66.51 8.96 0.11 73.62 0.88 0.00 79.08 9.24 0.00 72.11 9.84 0.00 May 59.93 10.55 7.76 50.82 9.78 19.96 72.16 7.18 0.00 85.34 8.95 0.68 76.53 8.85 0.00 Jun 59.97 3.36 7.54 51.68 9.99 11.28 67.07 7.50 0.00 76.52 9.52 0.18 69.47 9.20 0.00 Jul 50.84 2.28 14.05 61.37 2.69 0.00 65.63 5.67 0.00 72.61 6.61 0.00 73.16 0.70 0.00 Aug 54.79 0.00 15.46 65.61 0.00 0.00 68.34 0.00 0.00 69.21 1.60 0.00 77.40 0.00 0.00 Sep 64.92 0.00 1.78 63.78 0.00 0.00 75.99 0.00 0.00 69.46 0.00 0.00 82.55 0.00 0.00 Oct 65.57 0.00 4.30 68.67 2.96 0.00 79.97 0.00 0.00 77.22 0.00 0.00 Nov 69.48 0.00 2.13 66.29 0.45 0.00 80.41 0.00 0.00 81.76 0.00 0.00 Dec 70.49 0.00 0.49 63.89 0.00 0.00 77.45 0.00 0.00 79.27 0.00 0.00 Avg. 56.55 2.02 12.15 63.50 2.98 2.61 71.40 1.77 0.00 76.13 3.40 0.07 76.61 3.43 0.00

Note ASR Storage Volumes are Subtracted from the Hillsborough River Reservoir Withdrawals to Eliminate Double Accounting City of Tampa (Avg. Mo. Production)

100 100

80 80

60 60

40 40

20 20 Million Gallons Per Day Million Gallons

Hillsborough River Tampa ASR TBW RULEMAKING UPDATE November 2005

I. 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) Renewal of March Governing Board N/A Manatee/Sarasota County Well 2005 approval 4/05, Construction Permitting effective 10/19/05 Delegations Agreements and Authorization to Amend Rule 40D-1.002(2)(a) & (b), F.A.C. Incorporating the Renewed Delegation Agreements by Reference 2. (40D-1.659) Rulemaking to April 2005 Governing Board N/A amend Application for Water approval 4/05, Well Contractor's License, Form Effective 10/19/05 No. 42.00-044(5/00) and Application for Renewal for a Water Well Contractor's License, Form No. 41.10-003 2/94/MH. 3. (40D-1.659) Rulemaking to June 2005 Governing Board N/A Revise the Well Completion approval 6/05, Report, Form No. 41.10-410(2) effective 10/19/05 (8/96), and Amend Rule 40D- 1.659, F.A.C. 4. (40D-2) Southern Water Use January Governing Board TBA Caution Area (SWUCA II) / (40D- 2002 Meeting 12/05 2, 40D-8, and 40D-80)

5. (40D-4) Rulemaking to Amend January Rule challenge N/A Rule 40D-4.021, F.A.C. to Clarify 2005 hearing held in the Definition of a New Surface abeyance until Water Management System further notice 6. (40D-4) Initiation of Rulemaking March Governing approval N/A to Incorporate by Reference into 2005 5/05, effective 40D-4.091, F.A.C. the approximately 12/05 Memorandum of Understanding Between the Southwest Florida Water Management District and the Environmental Protection Commission of Hillsborough County Regarding Coordination of Regulatory Activities 7. (40D-4) Initiation of Rulemaking March Governing Board N/A to Amend Rule 40D-4.091, 2005 approval 5/05, F.A.C., and the ERP Basis of effective 10/19/05 Review to Clarify Requirements for Ownership or Control by Rule Initiation Next Scheduled Projected Date Action Board Approval Date Environmental Resource Permit Applicants 8. (40D-8) Initiation of Rulemaking October Governing Board NA to Amend 40D-8.041 to add 2005 approval 10/05, Minimum Flows for the middle effective 1/06 Peace River 9. (40D-21) Amendments to update November Governing Board NA and streamline definitions, 2001 approval 10/05, shortage phases and specific effective 2/06 restrictions in the Water Shortage Plan 10. (40D-4.091) Rulemaking to October Governing Board NA incorporate clarifying language 2005 approval 10/05, in the water quality section of effective 1/06 the ERP Basis of Review

II. PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS NOT AUTHORIZED INITIATION OF RULEMAKING

Rule Staff Recommendation 1. (40D-2) Rulemaking to Add Statutorily Governing Board Initiate Rulemaking – TBA Requried Language to Water Use Permits 2. (40D-2.091) Miscellaneous Clean-up Governing Board Initiate Rulemaking – TBA Rulemaking to Add Phone Numbers to Crop Report Forms Incorporated by Reference in 40D-2.091, F.A.C. 3. (40D-2.091) Rulemaking to Clarify Flow Governing Board Initiate Rulemaking – TBA Meter and Reuse Meter Conditions in the Water Use Permit Basis of Review Incorporated by Reference in 40D-2.091, F.A.C. 4. Rulemaking to Amend Rule 40D-4.321, Governing Board Initiate Rulemaking – 2005 F.A.C. to Revise the Duration of Conceptual Environmental Resource Permits 5. Initiation of Rulemaking to Amend Rule Governing Board Initiate Rulemaking – 2005 40D-4.331, F.A.C. to Clarify Conditions for the Extensions of Environmental Resource Permits (file with 40D-4.321) 6. Tampa Bypass Canal Minimum Flow Governing Board Initiate Rulemaking – 2006 Methodology and Flow (40D-8) 7. Sulphur Springs Minimum Flow Governing Board Initiate Rulemaking - 2006 Methodology and Flow (40D-8) 8. Lower Hillsborough River Minimum Governing Board Initiate Rulemaking – 2006 Flow Review 9. (40D-8) Minimum Lake Levels for Lakes Governing Board Initiate Rulemaking 11/05 Panasoffkee, Miona, Deaton and Okahumpka and Big Gant Lake in Sumter County 10. (40D-8) Alafia River-Freshwater Governing Board Initiate Rulemaking 11/05 Segment-Minimum Flows 11. (40D-8) Myakka River Governing Board Initiate Rulemaking 11/05

III. INACTIVE PROPOSED RULES FOR WHICH THE GOVERNING BOARD HAS AUTHORIZED INITIATION OF RULEMAKING

- TO BE REMOVED FROM UPDATE Rule Initiation Date Nothing for November

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT LITIGATION REPORT November 2005 (Changes in status since last month are in boldface type) REGULATORY LITIGATION ADMINISTRATIVE PROCEEDINGS

STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05) Belleair Village Division of M. McNeil Formal Administrative 5/16/05 - Petition for Formal Administrative Condominiums, LLC Administrative Proceedings on objection to Hearing served. 6/13/05 - Notice of Hearing v. SWFWMD and Hearings/J.L. Johnston issuance of ERP No. served. Order of Pre-Hearing Instructions entered. Belleair Beach 44025312.000 6/22/05 - Notice of Appearance of Counsel for Marine, Inc./Case No. Respondent served. 8/11/05 – Joint Motion for 05-1889 Continuance filed. 8/12/05 – Order Granting continuance and Re-Scheduling Hearing entered. Hearing rescheduled for 10/26 and 27/05. 10/14/05 - Stipulated Motion for Continuance; Order Granting Continuance (status report due by 11/14/05). Blanco v. Westfield Division of N. Spirtos/J. Formal Administrative 8/24/05 - Request for Administrative Hearing Homes of Florida, Inc. Administrative Pepper Proceedings on objection to received. 9/9/05 – Request referred to DOAH. and SWFWMD/Case Hearings/T. K. issuance of ERP No. 9/13/05 – Initial Order entered. 9/23/05 – Response No. 05-3274 Wetherell, II 43024788.002 to Initial Order filed. 9/27/05- Notice of Hearing (set for 1/31/06 – 2/2/06) and Order of Pre-Hearing Instructions entered. 9/30/05 – Westfield’s First Set of Interrogatories and Request for Production of Documents to Petitioner Blanco served.

Crystal Springs Division of M. McNeil/ Formal Administrative 6/20/05 - Petition for Formal Hearing served. 7/1/05 Preserve, Inc. and Two Administrative J. Pepper Proceedings on objection to - Initial Order entered. 7/19/05 - Notice of Hearing Rivers Ranch, Inc. v. Hearings/J.L. Johnston issuance of WUP No. (set for November 9 & 10, 2005) and Order of Pre- SWFWMD & RP 20009194.002 Hearing Instructions entered. 8/4/05 - Notice of Company/Case No. Appearance (Fred Reeves for RP Company) 05-2356 served. 10/7/05 - Joint Stipulation for a Final Order filed. 10/10/05 - Order Closing File entered.

The Lake Region Division of M. Moore Formal Administrative 6/6/05 - Petition for Administrative Hearing filed. Audubon Society, Inc. Administrative Proceedings on objection to 6/27/05 - Order of Dismissal Without Prejudice v. SWFWMD and Hearings/J.L. Johnston issuance of ERP No. entered. 7/11/05 - Amended Petition filed. 7/20/05 – Spanish Oaks of 44025789.001 Amended Petition referred to DOAH. 8/1/05 – Central Florida, Spanish Oaks’ Motion to Dismiss or in Alternative, LLC/Case No. 05-2606 to Strike filed. 8/16/05 – District Motion for Protective Order served. 8/17/05 - Order on Spanish Oaks’ Motion to Strike, Petitioner’s Request for Stop-Work Order and District’s Motion for Protective Order entered. 9/22/05 – Respondent SWFWMD Motion in Limine; and Respondent Spanish Oaks Motion for Summary Recommended Order served. 9/22 and 9/23/05 – Administrative Hearing held. 9/30/05 – Respondent SWFWMD’s STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Joinder in Spanish Oaks’ Motion for Summary Recommended Order; and Petitioner’s Response to Spanish Oaks’ Motion for Summary Recommended Order served. 10/21/05 – Proposed Recommended Order filed.

Pasco County v. Division of N. Spirtos Formal Administrative 2/25/05 – Pasco County's Petition for SWFWMD and Administrative Proceedings on objection to Administrative Hearing received. 2/8/05 – Trinity Thousand Oaks Hearings/J.L. Johnston issuance of ERP No. Oaks' Petition for Administrative Hearing received. Master Homeowners 49012249.010 3/10/05 – Trinity Oaks' First Amended Request for Association, Inc. and Administrative Hearing received. 3/15/05 – Initial Trinity Oaks v. Orders entered. 3/22/05 – Coordinated Response SWFWMD and Trinity to Initial Orders and Notice of Appearance Oaks Master (Frederick T. Reeves) served. 3/28/05 – District's Homeowners Motion to Consolidate served. 3/29/05 – Order Association, Inc./Case Consolidating Cases entered. 3/31/05 – Notice of Nos. 05-0960 and 05- Hearing served. Hearing scheduled 7/12-15/05. 0963 4/1/05 – Notice of Appearance (A. Salzano and J. Richards for Pasco Co.) served. 4/13/05 – Notice of Appearance (H. C. Hobby for Thousand Oaks) served. 4/25/05 - Stipulated Motion to Continue Final Hearing filed. 4/26/05 - Order Granting Continuance and Rescheduling Hearing to 12/13 – 12/16/05 entered. 10/27/05 – Second Stipulated Motion to Continue Hearing filed. 10/27/05 – Order Granting Continuance to June 20 – 23, 2006 entered. Sherman Hills Golf Division of N. Spirtos Formal Administrative 8/24/05 - Petition for Administrative Hearing filed. Club, Inc. v. Sherman Administrative Proceedings on objection to 8/30/05 - Petition referred to DOAH. 9/1/05 - Initial Hills, LLC and Hearings/T. Kent issuance of ERP No. Order entered. 9/19/05 – Notice of Hearing served SWFWMD/Case No. Wetherell, II 44008505.007 (set for 11/14/05 – 11/16/05). 10/6/05 - District’s 05-3204 First Set of Interrogatories and Request for Production of Documents to Petitioner served. 10/27/05 – Stipulated Motion to Continue Final Hearing filed. 10/28/05 - Order Granting Continuance to February 15 - 17, 2006,entered.

2 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Save the Homosassa Division of M. McNeil/ Formal Administrative Petition filed 1/9/02. Hearing held 9/11-13/02. River Alliance, Inc., Administrative M. Lytle Proceedings on objection to 10/14/02 - Stipulated Motion to Correct Formal James Bitter, Winston Hearings/C.A. issuance of ERP No. Administrative Hearing Transcript and Serve and Perry, Alfred M. Dye, Stampelos 44021328.000 File Proposed Recommended Order Within Trustee, and Shirley Twenty Days of Filing Corrected Transcript.

S. Dye, Trustee v. 10/21/02 - Order (extending time to file PRO as SWFWMD and Halls above). 4/17/03 - Stipulated Motion to Stay River Development, Proceedings; Affidavit of Notice of Filing Inc./Case No. 02- Certificate of Reporter served. 5/5/03 - Order 0844 staying final judgment until ruling is made in two circuit court cases and one appeal court case (non-District related) entered. 2/12/04 - Stipulated Motion to Continue Stay. 4/30/04 - Order Continuing Stay and Placing Case in Abeyance (with status reports due at 30 day intervals) entered. 7/13/05 - Stipulated Status Report of the Parties served. 10/7/05 - Order to Show Cause entered. 10/13/05 - Stipulated Motion to Relinquish Jurisdiction to Agency for Withdrawal of permit Application and to Close DOAH File served. 10/19/05 - Order Closing File and Relinquishing Jurisdiction entered. SummerGlen Partners, Division of N. Spirtos Formal Administrative 7/11/05 – Request for Administrative Hearing LLC v. Marion County Administrative Proceeding objecting to the received. Initial Order entered 7/28/05. Response to and SWFWMD/Case Hearings/C. Stampelos transfer of WUP 2000377.005, Initial Order filed 8/3/05. Final hearing scheduled for No. 05-2743 partial to Marion County November 3 – 4, 2005. 10/5/05 – Proposed Stipulation and Settlement Agreement by and between Marion County and SummerGlen received. 10/20/05 Order Closing File entered.

Sylvan Lea, Inc. v. Division of M. McNeil/S. Formal Administrative 2/24/03 - Petition for Formal Administrative Hearing SWFWMD/Case No. Administrative Rushing/D. Proceedings on objection to the filed. 10/4/04 - Notice of Hearing entered (hearing 03-0813 Hearings/C. Stampelos Jackson, District requiring an ERP. set for 2/1 – 3/05). 12/22/04 - SWFWMD's Motion for Recommended Summary Final Order served. 12/27/04 - ALJ's Order (treating District's above Motion as a motion to relinquish jurisdiction) entered. 1/11/05 - Joint Motion for Continuance filed. 1/12/05 - Order Granting Continuance and Re- Scheduling Hearing entered (hearing set for 5/3 - 5/5/05). 2/18/05 – Order denying Respondent's Motion for Recommended Summary Final Order (without prejudice) entered. 4/1/05 - Order Canceling Hearing and Placing Case in Abeyance entered (status report due by 7/15/05). 7/14/05 -

3 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Status Report filed. 9/21/05 - Order Continuing Case in Abeyance entered. 10/14/05 - Status Report filed.

Sylvan Lea, Inc. v. Division of M. McNeil, M. Formal Administrative 3/22/05 - Petition for Administrative Determination SWFWMD/Case No. Administrative Lytle Proceeding on challenge to Rule of Invalidity of Proposed Rule filed. 3/23/05 - Order 05-1099RP Hearings/C. Stampelos 40D-4.021 amendment of Assignment entered. 3/25/05 - Respondent's Motion for Reassignment of Administrative Law Judge served. 4/1/05 - Order entered (waiving 30- day hearing requirement set forth in statutes and scheduling final hearing for 5/3-5/05); Notice of Hearing served (set for 5/3-5/05 in Tallahassee); 5/2/05 - Order Granting Continuance and Re- Scheduling Hearing (set for June 7 & 8, 2005). 5/6/05 - Notice of Filing (of publication of Notice of Change of Rule) served. 5/17/05 - Amended petition for Administrative Determination of Invalidity of Proposed Rule served. 5/18/05 - Stipulated Motion for Continuance served. 5/19/05 - Order Granting Continuance and Re-Scheduling Hearing entered (rescheduled to July 20, 2005). 7/1/05 - Agreed Motion to Abate Proceeding served. 7/12/05 - Order Granting Continuance and Placing Case in Abeyance entered (status report due 9/12/05). 9/12/05 – Status Report filed. 9/21/05 - Order Continuing Case in Abeyance entered (status report due 11/11/05). 11/4/05 - Order Continuing Case in Abeyance entered. Status Report due by 12/5/05.

Wiregrass Ranch, Inc., Division of N. Spirtos/J. District’s PAA for the issuance of 9/19/05 – Petition for Formal Administrative Hearing Pulte Home Administrative Hearings Pepper WUP No. 20002479.005 filed. 10/6/05 – Referred to DOAH. 10/13/05 – Corporation and JHP Initial Order entered. 10/20/05 – Response to Real Estate Initial Order filed. Partnership, LTD. v. SWFWMD

4 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

DELEGATED ADMINISTRATIVE HEARING MATTERS Beacon Woods Civic N. Spirtos Request for Extension of 10/25/05 – Request for Extension of Time Association, Inc. v. Time to file Petition for received. 11/8/05 – Order Granting Request for Wilder Corporation Administrative Hearing on Extension of Time entered. of Delaware and ERP No. 44026127.001 SWFWMD Sunny Dreams D. Jackson Request for administrative 7/26/05 – Petition/Request for Administrative Development, LLC v. hearing on Permit Inquiry No. EX Hearing received. 8/5/05 – Order of Dismissal SWFWMD No. 2088 Without Prejudice entered. 8/24/05 – Amended Petition for Administrative Hearing received. 9/7/05 – Received Petitioner's request to defer referral of Petition to DOAH for 30 days. 10/5/05 – Received Petitioner's request to defer referral of Amended Petition to DOAH for an additional 30 days. 11/4/05 – Amended Petition for Administrative Hearing withdrawn.

Philip Doganiero v. M. McNeil Request for administrative 10/27/05 - Letter requesting hearing filed. SWFWMD and the hearing on Permit Inquiry No. 11/8/05 – Order of Dismissal Without Prejudice Town of Belleair EX 2576 entered.

ENFORCEMENT CASES (Including Administrative Complaints) SWFWMD v. 5th Judicial Circuit, S. Rushing Complaint and Petition to 1/6/04 - Complaint filed. 7/15/04 – Default Final Adventureland, Citrus County/P. Enforce Final Order for ERP Judgment entered. 12/31/04 - Agreement to pay Inc./Case No. 2004- Thomas violations balance in 12 payments reached. 7/22/05 - CA-89 Notice of Taking Deposition Duces Tecum in Aid of Execution served (deposition set for 8/16/05). 8/16/05 – Non appearance at deposition. 10/26/05 - Deposition Duces Tecum in Aid of Execution taken.

SWFWMD v. Aloha 6th Judicial Circuit, Pasco M. Lytle Complaint and Petition to Complaint filed 9/23/02. 4/2/03 – Defendant's Utilities, Inc./Case No. County/S.Mills Enforce Consent Order and Stipulated Motion to File First Amended Answer, 51-2002-CA-2549 pursue new WUP violations Affirmative Defenses and Counterclaim served. WS, Section G 4/8/03 – Ordered and Adjudged that Defendant's First Amended Answer, Affirmative Defenses and Counterclaim shall be accepted and considered filed, and Plaintiff shall respond to Defendant's

5 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

First Amended Answer, Affirmative Defenses and Counterclaim entered. 4/16/03 – SWFWMD's Reply to Affirmative Defenses, and Answer and Affirmative Defense to Counterclaim served. 7/13/04 – Joint Stipulation to Stay Action served. 7/14/04 – Order Approving Joint Stipulaton to Stay Action entered. SWFWMD v. Michael M. Moore Administrative Complaint and 8/9/05 – ACO issued. 8/16/05 – ACO served. E. Brown and Arlene Order for Construction without 8/26/05 – Objection to ACO and request to hold A. Brown ERP in abeyance received. 10/6/05 – Objection on hold pending additional site investigation and negotiation. 11/9/05 – site investigation conducted. SWFWMD v. Paul K. 6th Judicial Circuit, M. McNeil Complaint and Petition for 8/17/04 - Complaint served. Settlement Bowser/Case No. 04- Pinellas County/J. Enforcement for well Agreement approved at October Governing 5746 CI 19 Lenderman construction violations Board meeting. 11/2/04 - Consent Final Judgment entered. 8/8/05 - Motion to Amend Consent Final Judgment; Notice of Telephonic Hearing (set for 8/23/05); Plaintiff's Notice of Service of Affidavit of Proof served 8/8/05. 9/6/05 – Amended Final Judgment entered. Governing Board of 10th Judicial Circuit, M. Moore Complaint and Petition for Complaint filed by SJRWMD 1/22/01. Motion to the St. Johns River Polk County/M. Enforcement for Construction of Substitute SWFWMD as Plaintiff filed by Water Management McCarthy Subdivision without ERP SJRWMD 6/12/03. Order substituting SWFWMD District v. Vista Park as Plaintiff entered 3/9/04. Supplement to Development, Complaint filed 3/9/04. 4/4/04 - Answer filed. Inc./Case No. GCG- 8/24/04 – Settlement Agreement approved by 01-444-08 Governing Board. 9/21/04 – Consent Final Judgment entered. 1/24/05 - Plaintiff's Motion for Contempt and Notice of Hearing served. Scheduled for 2/2/05. 2/2/05 - Order Adjudging Defendant in Contempt entered. 3/21/05 - (Carlos Goffi's) Motion to Intervene served. 4/6/05 - Order of Transfer and Reassignment entered. 4/11/05 - Notice of Hearing (on Motion to Intervene) served. Hearing set for 5/11/05. 4/15/05 - Notice of Filing (providing notice to shareholders of entry of Order of Appointment of Receiver Pendente Lite) served. 5/11/05 Hearing on Carlos Goffi’s Motion to Intervene. Payment of $6,229.22 received from Vista Park Receiver. Order of denial on Intervention Motion issued 5/26/05. 8/26/05 – Motion to Intervene filed by

6 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Joao Emilio Perrella. 8/31/05 – Hearing on Motion to Intervene held. 9/22/05 – Order denying Motion to Intervene entered. SWFWMD v. Carl 10th Judicial Circuit, M. Moore Complaint and Petition for 6/16/05 - Complaint filed. 6/28/05 - Complaint Douglas, Jr./Case No. Hardee County/R. Doyel Enforcement of Consent Order served. 9/1/05 – Motion for Default filed. 9/2/05 – 252005CA000338 Default entered.

Derek Welling v. Vista 10th Judicial Circuit, M. Moore Complaint for Dissolution of the 2/28/05 - Motion to Intervene by SWFWMD Park Development, Polk County/R. Doyel named corporate defendants served. 3/1//05 - Notice of Hearing (set for Inc., Vista Park 3/2/05) served. 3/2/05 - Order Granting Motion to Management, Inc., Intervene by SWFWMD entered. 3/7/05 - Order and Vista Park Appointing Receiver Pendente Lite entered. Homes, Inc. v. 3/18/05 – Motion to Intervene by Carlos Goffi SWFWMD v. Carlos served. 4/1/05 - (Intervenor Goffi's) Notice of Goffi/Case No. 2005- Appeal of a Non-Final Order served (appealing CA-000515 the Order Appointing Receiver Pendente Lite entered 3/7/05). 4/11/05 - Notice of Hearing (on Motion to Intervene) served. 4/15/05 - Notice of Filing (providing notice to shareholders of entry of Order of Appointment of Receiver Pendente Lite) served. 8/26/05 - Motion to Intervene filed by Joao Emilio Perrella. 8/31/05 – Hearing on Motion to Intervene held. 9/22/05 – Orders granting Motions to Intervene entered. SWFWMD v. CKT- Thirteenth Circuit, M. McNeil Complaint and Petition for 5/10/05 - Complaint and Petition for Enforcement White Harbour Island, Hillsborough County/W. Enforcement of Consent Order filed; Summons issued. 5/26/05 - Defendant LLC/Case No. 05- P. Levens No. SWF 04-079 served. 6/20/05 - Motion for Default served. 4124, Division H 6/21/05 - Default entered. 8/5/05 - (SWFWMD's) Motion for Default Final Judgment and Plaintiff's Affidavit of Late Fees and Costs of Suit served. 9/1/05 – Default Final Judgment entered. SWFWMD v. M. Moore Administrative Complaint 3/8/05 – Administrative Complaint served. Harbsmeier, DeZayas 3/28/05 - Administrative Complaint and Order No. & Appel Investments, SWF 04-14 entered. Complaint and Petition for Inc. Enforcement of ACO on hold pending completion of ACO corrective actions. Respondent pursuing corrective action. SWFWMD v. Lake 5th Judicial Circuit, Lake N. Spirtos Complaint and Petition for Complaint filed 4/2/04, served 4/19/04. Extension Erie Corporation/Case County/W. G. Law Enforcement of Consent Order of time to file answer granted until 6/21/04. No. 04CA1239 for ERP violations 6/21/04 - Answer served. 9/14/04 - District's discovery requests served on Defendant. 9/28/04 - Joint Stipulation for Withdrawal of Attorney for

7 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Defendant served. 10/27/04 - Order Authorizing Withdrawal of Attorney for Defendant. 10/28/04 - Completion of Response to Request for Production by South Lake Title Services, Inc. served. 6/24/05 - District's Motion for Summary Judgment served. Hearing on District's Motion for Summary Judgment scheduled for 10/12/05. 11/4/05 - Order for Partial Summary judgment entered. (deeming Requests for Admissions to Defendant admitted) SWFWMD v. Richard County Court, M. McNeil Complaint for violation of terms 4/21/04 - Complaint filed. 6/22/04 - Amended Roy Landrigan/Case Hillsborough County/A. of WUP No. 20004870.002, Complaint sent for filing and Alias Summons sent No. 04-8616-CC McNeil .003, .004 for issuance (determined that Defendant is currently residing in NM). 7/8/04 - Defendant served. 7/22/04 - Answer served. 8/6/04 - Plaintiff's Motion to Strike Affirmative Defense served. 9/27/04 – (Defendant's) Motion for Summary Judgment; Affidavit in Support of Defendant's Motion for Summary Judgment and Affidavit as to Costs served. 10/12/04 - Amended Notice of Hearing served (set for 11/29/04). 11/24/04 - (Defendant's) Emergency Motion to Continue served. 12/10/04 - Order Granting Plaintiff's Motion to Strike Affirmative Defenses entered. 3/23/05 – Defendant signed Settlement Agreement and Joint Motion for Consent Final Judgment. 4/26/05 - Settlement Agreement and Joint Motion for Consent Final Judgment approved by Governing Board. 5/20/05 - Consent Final Judgment entered. SWFWMD v. George County Court, Polk M. Moore Complaint for violation of terms 1/24/05 – Civil Cover Sheet, Summons, A. Long, III/Case No. County/S. Selph of ERP 46013434.002 (failure to Complaint and Notice of Lis Pendens sent to 53-2005 CC-000573- submit Statement of Completion Court for filing (filed 1/31/05). 2/28/05 – Received 0000-000 and certified as-built drawings) Return of Service – Not Found. 6/13/05 - Complaint served. 7/1/05 - Answer filed. 7/26/05 – Reply and Motion to Strike served. SWFWMD v. Mid- County Court, Highlands M. Moore Complaint for civil penalties for 7/22/04 – Complaint filed. Summons served Florida Portable Toilet County/P. Estrada unauthorized construction 7/27/04. 8/12/04 – Motion to Dismiss filed. Services, Inc./Case 2/28/05 – Order denying Defendant's Motion to No. 04-345CCS Dismiss for Plaintiff's Failure to Adhere to the Florida Rules of Civil Procedure entered. 5/5/05 – Motion for Default served. Defendant's principal presently hospitalized due to accident injuries. 10/26/05 – Case Status Hearing held.

8 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Settlement Agreement and Joint Motion for Consent Final Judgment being executed.

SWFWMD v. Polk 10th Judicial Circuit, J. Pepper Suit to enforce Consent Order Complaint filed 5/27/99. Cone Constructors Inc. Properties, Inc., et Polk County/C. Moore filed for bankruptcy 6/9/00. 4/3/01 – District filed al./Case No. G99- Proof of Claim for $443,240 with Bankruptcy 1779-08 Court. Final Judgment entered against Polk Properties, Inc., for $547,859 on 6/15/01. Bankruptcy still open. SWFWMD v. Alan J. 10th Judicial Circuit, M. Moore Complaint and Petition for 3/23/05 – Complaint and Petition for Enforcement Rieder and Cynthia F. Polk County/D. Enforcement to enforce filed. 3/29/05 – Defendants served. Defendant Rieder/Case No. Jacobsen Administrative Complaint and requesting mediation. Mediation held 6/8/05. 2005CA-001184-0000 Order No. 05-09 6/28/05 - Mediation Settlement Agreement approved by Governing Board. 6/28/05 – Proposed Consent Final Judgment incorporating Settlement Agreement sent for execution. 9/27/05 – Third payment received pursuant to Settlement Agreement. 10/19/05 – Payment received. SWFWMD v. David K. 20th Judicial Circuit, M. McNeil Complaint for MSSW permit 9/29/04 - Complaint filed; Summons issued. Smith/Case No. 04- Charlotte County/I. violations 10/15/04 - Service made on attorney for 1907-CA Anderson, Jr. Defendant. 10/22/04 - Notice of Lis Pendens served. 11/4/04 - Motion to Strike Lis Pendens or to Require the Posting of a Bond served; Motion to Dismiss served. 10/14/05 - Plaintiff's First Request for Admissions to Defendant served. 10/21/05 - Stipulation for Extension of Time to Respond to Discovery for Sixty (60) Days filed. 10/27/05 - Order Approving Stipulation for Extension of Time to Respond to Discovery. The parties are negotiating settlement. SWFWMD v. Steven 6th Judicial Circuit, N. Spirtos Complaint and Petition for 6/6/03 – Complaint and Petition for Enforcement C. Smith, Teresa S. Pasco County/L. Tepper Enforcement of Consent Order filed. 8/21/03 – Defendants served. 9/9/03 - Smith & Good Life for ERP violations Answer and Affirmative Defense filed. 12/5/03 – Development, Defendants Amended First Affirmative Defense Inc./Case No. served. 9/28/04 - Board approved Settlement 03CA1662-ES, Agreement. 10/5/04 - Settlement Agreement and Section Y Joint Motion for Consent Final Judgment served. 10/15/04 – Consent Final Judgment entered. Payments being made pursuant to Consent Final

9 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Judgment. SWFWMD v. Amanda Division of J. Pepper Request for Administrative 1/13/03 – Amanda Suggs served. Petition filed on Suggs/ DOAH Case Administrative Hearing objecting to 1/21/03. 1/24/03 - Order of Dismissal Without Pre- No. 03-0787 Hearings/L. Stevenson Administrative Complaint and judice entered. Amended Petition filed 2/10/03. Order for unpermitted 3/31/03 - Order Consolidating DOAH Case Nos. 03- construction activities 0787, 03-0788 and 03-1128 entered. 12/1/03 – Complain-ant's Motion to Amend Administrative Complaint and Order served. 12/17/03 – Order granting Complainant's Motion to Amend Administrative Complaint and Order entered. Hearing scheduled for May 17-20, 2004. 5/13/04 – Respondents' Motion to Bifurcate served. 5/17/04 – Respondents withdrew petitions for administrative hearing. 5/18/04 – Deborah Suggs' Motion to Relinquish Jurisdiction Pursuant to Section 120.57(1)(i), F.S. served. 5/19/04 – Complainant's Response to Deborah Suggs' Motion to Relinquish Jurisdiction Pursuant to Section 120.57(1)(i), F.S. served. 5/20/04 – Order Closing Files entered. 5/25/04 – Governing Board approved Final Order confirming finality of Administrative Complaint and Order. 5/27/04 – Notice of Entry of Final Order (with Final Order) served. 6/16/04 – Respondents' Request for Review by FLWAC filed. (See Appeals). SWFWMD v. Amber Division of J. Pepper Request for Administrative 2/5/03 – Amber Suggs served. Petition filed on Suggs/DOAH Case Administrative Hearing objecting to 2/18/03. See DOAH Case No. 03-0787 above. No. 03-0788 Hearings/C. Stampelos Administrative Complaint and Order for unpermitted construction activities SWFWMD v. Deborah Division of J. Pepper Request for Administrative 3/5/03 – Deborah Suggs served. Petition filed on Suggs/DOAH Case Administrative Hearing objecting to 3/17/03. Notice of Referral to DOAH sent 3/26/03. No. 03-1128 Hearings/C. Stampelos Administrative Complaint and See DOAH Case No. 03-0787 above. Order for unpermitted construction activities SWFWMD v. Danny J. 5th Judicial Circuit, R. Complaint enforcing Final Order Complaint and Plaintiff's Request to Inspect Land Suggs, et al./Case No. Sumter County/J. Booth Fitzpatrick/ No. SWF 03-050 filed 7/7/03. 10/20/03 – Defendant Danny J. Suggs' 2003-CA-000724 J. Pepper Answer. 10/22/03 – Defendant Joann Suggs- Krueger's Answer served. 10/23/03 – Defendant Joann Suggs-Krueger's Amended Answer served. 10/24/03 – Gary D. Suggs', Joseph M. Krueger's, Harold W. Steed's and Lisa Steed's Answer served. 3/2/04 –Order Granting Plaintiff's Motion for

10 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Temporary Injunction entered. 4/2/04 – Plaintiff's Motion for Partial Summary Judgment as to Enforceability of the Administrative Complaint and Order served. 5/4/04 - Response to District's Motion for Partial Summary Judgment served. 5/11/04 – Order denying Defendants' Motion for Stay/Motion to Modify Injunction entered. 5/13/04 – Defendants' Supplemental Response to Plaintiff's Motion for Partial Summary Judgment served. 6/9/04 – Plaintiff's Notice of Appeal of Non-Final Order served. (See Appeals). 6/11/04 – Order Granting Attorney's Fees (for motion to compel inspection of land) entered. 7/12/04 – Order Granting Attorney's Fees (for motion to compel production of documents) entered. 12/13/04 – District's Motion for Contempt served. 4/25/05 – Order Adjudging Defendants in Contempt entered. 7/25/05 – Notice of Hearing (on Motion for Summary Judgment for reargument) served. Hearing scheduled for 8/31/05. 8/3/05 – Motion for Summary Judgment served. 8/5/05 – Notice of Hearing (on Defendants' Motion for Leave to Add Affirmative Defenses, Defendants' Motion for Judicial Inspection and Defendant's Motion for Summary Judgment) served. 8/31/05 – Hearing on Motion for Summary Judgment held – Court took matter under advisement. 9/12/05 – Order (entered 8/31/05) denying Plaintiff's Motion for Partial Summary Judgment received. SWFWMD v. Lin Fung 10th Judicial Circuit, Polk B. Paul/J. Complaint for unauthorized Complaint filed 12/8/98. Amended Complaint filed To, et al./ Case No. G- County/H. Kornstein Pepper construction; wetland impacts. 5/2/03. Answer to Amended Complaint filed 5/19/03. 98-3485 6/9/04 - Amended Order Setting Trial Before the Court and Order Directing Mediation (Pre-Trial Conf. set for 10/12/04; 2 day trial set to commence during the 2-week trial block beginning 11/1/04) entered. 9/30/04 - Mediation held. 10/7/04 - Plaintiff's Motion to Amend Complaint served. 10/11/04 - Order Granting Motion to Amend Complaint served (deeming Second Amended Complaint filed). 10/14/04 - Mediator's Notice of Impasse served. 11/1/04 - Plaintiff's Motion for Leave to File Its Third Amended Complaint (w/Third Amended Complaint) served. 11/3/04 - Order Granting Motion to Amend Complaint entered. 11/12/04 - Notice of Appearance (of Stephen H. Artman for Defendants) served. 12/16/04 - Answer to Plaintiff's Third Amended Complaint and Affirmative Defenses served.

11 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

12/21/04 – Plaintiff's Motion to Strike Defendants' Affirmative Defenses served. 5/13/05 - Notice of Hearing on Motion to Strike Defendants' Affirmative Defenses served. 8/8/05 – Hearing on Motion to Strike held – Motion granted. SWFWMD v. Tomko Thirteenth Judicial M. McNeil Complaint to enjoin defendant to 5/31/05 - Complaint filed; Summons issued. Development, Circuit, Hillsborough complete activities required by Summons served 6/10/05. 6/30/05 - Answer served. Inc./Case No. 05- County/Judge Nielson ERP Nos. 4419967.000, .001 7/20/05 - Plaintiff's Reply to Tomko Development's 4689, Division F Affirmative Defenses; Plaintiff's Motion to Strike Affirmative Defenses served. Hearing on Plaintiff’s Motion to Strike set 10/12/05. 10/25/05 - Order entered granting District's Motion to Strike Affirmative Defenses. SWFWMD v. Trimar 6th Judicial Circuit, N. Spirtos Complaint and Petition for Complaint filed 11/5/03. Answer served 3/11/04. Southeast Pasco County/W. Cobb Enforcement of Consent Order Interrogatories and Request for Production to Developments, for ERP violations Defendant filed 3/25/04. 5/10/04 – Motion for Inc./Case No. Extension of Time to Respond to Discovery served. 512003CA-3209ES, 6/9/04 - Second Motion for Extension of Time to Section Y Respond to Discovery served. Negotiations pending. Site visit occurred 9/20/04. Follow-up site visit occurred on 12/15/04. 5/4/05 – Plaintiff’s First Request For Admissions served. 6/3/05 - Response to Plaintiff's First Request for Admissions to Defendant served. MISCELLANEOUS

Suggs, Deborah v. 5th Judicial Circuit, R. Complaint requesting injunction Complaint filed 4/15/04. 4/16/04 – Complaint and SWFWMD/ Case No. Sumter County/J. Booth Fitzpatrick/J. and declaratory judgment Summons served. 4/27/04 – Motion for Preliminary 2004-CA-000404 Pepper regarding administrative Injunction served. 5/4/04 – Defendant's Motion to proceeding Dismiss and Motion for Assessment of Attorneys' Fees and Costs served. 5/16/04 – Order Denying Motion for Preliminary Injunction entered. 7/1/04 – Plaintiff's Notice of Voluntary Dismissal of Count II (Injunction) served. Hearing on Defendant's Motion to Dismiss held 8/16/04. 8/23/04 – Order Granting Motion to Dismiss entered. 9/21/04 – Notice of Appeal (of Order Granting Motion to Dismiss) entered. (See Appeals). AmSouth Bank v. Citrus County Circuit J. Pepper Complaint for Foreclosure of 7/26/05 - Summons, Notice of Lis Pendens and Cynthia V. Ioerger, et Court/S. Spivey mortgage against Cynthia V. Complaint for Foreclosure and Damages served. al./Case No. 05-CA Ioerger, Adventureland, Inc. 8/10/05 - District's Answer served. 8/18/05 – Notice 2969 of Taking Deposition served. 8/23/05 – Amended

12 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Notice of Taking Deposition served. APPEALS Suggs, Amanda, et al. Fla. Land and Water J. Pepper Request for Review of Final 6/16/04 – Request for Review of Final Order of v. SWFWMD/Case No. Adjudicatory Order No. SWF 04-040 entered SWFWMD served. 6/24/04 – Notice of Filing WMD–04-008 Commission in DOAH Case Nos. 03-0787, Transcript served. 6/30/04 – Respondent's Motion to 03-0788 and 03-1128 Dismiss Request for Review served. 7/1/04 – (DEP's) Recommendation of Dismissal for Lack of Jurisdiction and (DEP's) Motion to Consolidate and for Extension of Time served. 7/13/04 – Petitioners' Response to Motion to Dismiss, and Recom- mendation of Dismissal for Lack of Jurisdiction, and Petitioners' Motion to Amend served. 7/20/04 – Respondent's Reply to Petitioners' Response to Motion to Dismiss Request for Review served. 8/30/04 – Final Order of Dismissal filed. 9/22/04 – Notice of Appeal served. (See Case No. 1D04-4230 below) Suggs, Amanda, et al. 1st District Court of B. Bilenky/ Appeal of Final Order of 9/22/04 – Notice of Appeal served. 10/7/04 – Index v. SWFWMD and Appeal J. Pepper Dismissal of the Florida Land to Record on Appeal served. 10/20/04 – Amended FLWAC/Case No. and Water Adjudicatory Index to Record on Appeal served. 1/7/05 – Initial 1D04-4230 Commission Brief of Appellants Amanda J. Suggs, Amber Suggs and Deborah Suggs, and Appellants' Request for Oral Argument served. 1/25/05 – Answer Brief of Appellee SWFWMD served. 1/31/05 – Brief of Appellee, DEP, served. 3/11/05 – Reply Brief of Appellants served. 3/29/05 – Order denying Appellants' motion for oral argument entered. 7/20/05 – Opinion Per Curiam Affirmed filed. 8/4/05 – Appellants Suggs Motion for Rehearing served. 8/11/05 – Response to Appellants' Motion for Rehearing by Appellee SWFWMD served. 8/29/05 – Order denying Appellants' motion for rehearing entered. 9/14/05 – Mandate issued.

CONSENT ORDERS

VIOLATOR BOARD POLICY ATTORNEY VIOLATION STATUS (current through 11/10/05) Christian, Grady 160-6 N. Spirtos Well Construction 7/12/05 – Consent Order issued.

13 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

10/25/05 – Consent Order signed by Grady Christian . 11/7/05 – Consent Order signed by Executive Director. Hunsaker, Mark 160-6 N. Spirtos Well Construction 8/15/05 – Consent Order issued. 8/24/05 – Consent Order signed by Hunsaker. 10/12/05 – Consent Order signed by Executive Director. Magnolia Manor of 160-6 M. Moore Failure to Submit 4/28/05 – Consent Order issued. Lakeland Homeowners Statement of Inspection Association, Inc. 9/30/05 – Consent Order signed by HOA. 10/12/05 - Consent Order signed by Executive Director. Whatley, Garrett 160-6 M. Moore Well Construction 9/9/05 – Consent Order issued. 10/25/05 – Consent Order signed by Garrett Whatley. 10/28/05 – Consent Order signed by Executive Director.

L:\PRIVATE\Jan Kaesemeyer\LIT.RPT\FY05LitRpts\RegulatoryLitigatRptNov05.doc

14 OVERPUMPAGE ACTIVITY REPORT MAY 1, 2000 – September 28, 2005

Table 1. CUMULATIVE SUMMARY OF ACTIVITIES Projects Preparing for Active Justified / Legal Files Service Office Under Legal/Technical Files in Total Files Closed Closed Review Services Legal Bartow 3 455 2 1 26 487 Brooksville 6 89 1 1 18 115 Sarasota 4 282 0 1 11 298 Tampa 4 234 0 2 25 265

Totals 17 1060 3 5 80 1165

OVERPUMPAGE ACTIVITY REPORT MAY 1, 2000 – September 28, 2005

Table 2. PROJECTS UNDER REVIEW * Overpumpage Service Permit No. Permittee Use Type Report Date Office 2005354.004 Crutchfield Groves, Inc. A 9/28/05 Bartow 2002449.004 Sweetwater East Investment Co. P 8/30/05 Bartow 2001005.006 Polk Nursery Company, Inc. A 7/26/05 Bartow 2006040.006 City of Zephyrhills P 9/28/05 Brooksville Lemko Florida, Inc. (Spring Hill Country 2006592.002 R 9/28/05 Brooksville Club) 2007805.008 Hampton Hills (Skyview Golf Course) R 9/28/05 Brooksville Lemko Florida, Inc. (Seven Hills Golfers 2009060.005 R 9/28/05 Brooksville Club) 2010023.003 Aurora Dairy Florida, LLC A 9/28/05 Brooksville 2010260.000 USA Hirukawa, Inc. R 9/28/05 Brooksville 2002923.009 City of North Port P 9/28/05 Sarasota 2008336.009 SMR/Myakka, LLC A 9/28/05 Sarasota 2010599.008 John Falkner A 9/28/05 Sarasota 2009105.002 City of Arcadia R 8/30/05 Sarasota 2011986.000 St. Joseph’s Hospital, Inc. IC 9/28/05 Tampa 2012520.000 Mims Hammocks, LLC A 9/28/05 Tampa

*These projects are under review and have not been determined to be in non-compliance at this time. P = Public Supply R = Recreational A = Agricultural MD = Mining/Dewatering IC = Industrial/Commercial

OVERPUMPAGE ACTIVITY REPORT MAY 1, 2000 – September 28, 2005

Table 2. PROJECTS UNDER REVIEW * Overpumpage Service Permit No. Permittee Use Type Report Date Office 2010021.001 J. Tanner A 8/30/05 Tampa 2012315.000 Robert and Peggy Parke A 8/30/05 Tampa

Table 3. PREPARING FOR LEGAL/TECHNICAL SERVICES Overpumpage Estimated Use Permitted Report Date & Percent Service Permit No. Permittee Type Annual Average Estimated Annual Over Office Average Use Permit Executives/Diamondback 7/26/05 2010656.004 R 180,400 gpd 15.7% Bartow Golf Club 208,775 gpd

Milmack/Oakwood Golf 6/27/05 2010392.005 R 259,900 gpd 30% Bartow Course 337,561 gpd

6/27/05 2007299.003 LWV Utilities P 55,000 gpd 12.75% Brooksville 62,011 gpd

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

Table 4. ACTIVE FILES IN LEGAL Permitted Overpumpage Report Percent Use Service GB Aprvd Permittee Annual Date & Annual Over Type Office CO Date Average Average Use Permit 8/2004 6,054,600 gpd 0% 4,567,195 gpd 10/2003 Individual Well Van Fleet Overage 8/2004 268.5% 856,200 gpd Modified Polk County 3,154,814 gpd 12/2004 P Bartow NERUSA Individual Well Polo Davenport Overage 8/2004 62.1% 2nd 298,400 gpd 483,667 gpd Modification Individual Well 10/2005 Holiday Inn Overage 8/2004 58.6% 26,800 gpd 42,493 gpd 11/2000 Aloha Utilities P 2,040,000 gpd 41.5% Brooksville 03/2002 2,885,176 gpd

08/2003 5,360,000 gpd 0% 2,283,138 Individual Wells Well Field 1 Overage 8/2003 12,000 gpd 20% 14,400 gpd 25 Wells 7 of 25 Wells Englewood Water District P Individual Wells Sarasota 9/2005 Well Field 2 Overage 8/2003 12,000 gpd 263% 31,646 gpd 18 Wells 13 of 18 Wells Individual Wells Well Field 3 Overage 8/2003 62,500 gpd 191% 119,124 gpd 12 Wells 4 of 12 Wells

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

OVERPUMPAGE ACTIVITY REPORT

Table 4. ACTIVE FILES IN LEGAL Permitted Overpumpage Report Percent Use Service GB Aprvd Permittee Annual Date & Annual Over Type Office CO Date Average Average Use Permit Groundwater Standard Annual Average 46,000 gpd Buckhorn Springs G&CC R Overage 165% Tampa 10/2005 Groundwater 1/24/05 121,803 gpd Standard Annual Avg. Overage Mainlands of Tamarac by the Gulf R 179,800 gpd 70.5% Tampa N/A 4/27/04 306,250 gpd

P = Public Supply R = Recreational A = Agricultural MD = Mining/Dewatering IC = Industrial/Commercial SOUTHERN WATER USE CAUTION AREA

PERMITTED QUANTITIES FROM THE FLORIDAN AQUIFER 1,300

1,250

1,200

1,150

1,100

1,050 Million Gallons Per Day 1,000

950 Annual Average Quantities 900

8 9 9 9 0 0 0 1 1 1 2 2 2 3 3 3 4 4 4 5 5 5 -9 -9 -9 -9 -0 -0 -0 -0 -0 -0 -0 -0 -0 -0 -0 -0 -0 -0 -0 -0 -0 -0 t b n t b n t b n t b n t b n t b n t b n t c e u c e u c e u c e u c e u c e u c e u c O F J O F J O F J O F J O F J O F J O F J O MONTH-YEAR

November 2005 11/6/05 Governing Board SOUTHERN WATER USE CAUTION AREA

PERMITTED QUANTITIES FROM THE INTERMEDIATE AQUIFER 115

105

Million Gallons Per Day 85 Annual Average Quantities

ug-98 ec-98 pr-99 ug-99 ec-99 pr-00 ug-00 ec-00 pr-01 ug-01 ec-01 pr-02 ug-02 ec-02 pr-03 ug-03 ec-03 pr-04 ug-04 ec-04 pr-05 ug-05 A D A A D A A D A A D A A D A A D A A D A A MONTH-YEAR

November 2005 11/6/05 Governing Board TAMPA BAY WATER AVERAGE MONTHLY PRODUCTION Calendar Year 2001 Calendar Year 2002 Calendar Year 2003 Consolidated Consolidated Consolidated Month Permit SCHRWF BUDWF TPA Hiils Int. TPA 301 Int. TBW Desal ESWP Permit SCHRWF BUDWF TPA Hiils Int. TPA 301 Int. TBW Desal ESWP Permit SCHRWF BUDWF TPA Hiils Int. TPA 301 Int. TBW Desal ESWP Jan 171.7 21.55 0.67 0.00 0.00 0.00 0.00 134.34 20.72 2.76 0.00 0.00 0.00 0.00 82.37 20.47 4.19 0.01 0.00 0.00 47.18 Feb 173.71 22.14 1.63 0.00 0.00 0.00 0.00 136.3 20.95 4.84 0.00 0.00 0.00 0.00 77.31 21.73 3.55 0.06 0.00 0.00 48.14 Mar 166.85 19.88 1.87 0.00 0.00 0.00 0.00 146.37 23.76 4.12 0.27 0.00 0.00 0.00 96.06 21.21 2.52 1.38 0.00 1.03 31.32 Apr 147.95 22.96 1.83 0.00 0.00 0.00 0.00 153.31 25.00 1.98 0.43 0.00 0.00 0.00 92.16 22.27 4.51 1.10 0.00 14.06 30.73 May 166.94 27.07 1.86 0.00 0.00 0.00 0.00 183.34 29.93 5.01 0.14 0.00 0.00 0.00 94.6 24.35 4.43 2.43 0.00 22.39 28.33 Jun 146.09 21.78 1.49 0.76 0.00 0.00 0.00 152.43 22.53 4.86 0.00 0.00 0.00 0.00 74.38 20.12 2.56 2.28 0.00 6.72 47.95 Jul 138.75 18.46 1.05 0.60 0.00 0.00 0.00 126.71 14.94 4.60 0.10 0.00 0.00 0.00 67.2 20.90 2.88 2.17 0.00 0.00 57.58 Aug 149.07 22.23 0.00 0.70 0.00 0.00 0.00 125.16 16.15 5.91 0.48 0.00 0.00 0.51 63.99 19.52 4.21 0.00 0.00 2.96 53.53 Sep 131.98 22.84 0.00 0.64 0.00 0.00 0.00 110.88 17.06 5.34 0.33 0.00 0.00 17.21 81.91 23.16 2.72 1.84 0.00 5.52 37.69 Oct 141.25 26.68 0.00 0.75 0.00 0.00 0.00 110.77 22.21 1.58 0.41 0.00 0.00 27.5 71.63 25.38 4.00 2.15 0.00 10.42 45.12 Nov 143.96 29.30 0.00 0.79 0.00 0.00 0.00 106.13 20.94 2.24 0.00 0.00 0.00 28.05 72.74 25.17 4.83 1.45 0.00 9.94 49.02 Dec 139.27 24.28 0.00 0.24 0.00 0.00 0.00 92.07 18.90 3.34 0.01 0.00 0.00 8.63 78.02 23.64 4.12 2.09 1.35 12.96 42.68 Avg. 151.46 23.26 0.87 0.37 0.00 0.00 0.00 131.48 21.09 3.88 0.18 0.00 0.00 6.83 79.36 22.33 3.71 1.41 0.11 7.17 43.27

Note SCHRWF - South Central Regional Wellfield BUDWF - Brandon Urban Disbursed Wellfield ESWP - Enhanced Surface Water Project 2001 is used as base year before alternative supplies were brought on-line

TAMPA BAY WATER AVERAGE MONTHLY PRODUCTION Calendar Year 2001 Calendar Year 2004 Calendar Year 2005 Consolidated Consolidated Consolidated Month Permit SCHRWF BUDWF TPA Hiils Int. TPA 301 Int. TBW Desal ESWP Permit SCHRWF BUDWF TPA Hiils Int. TPA 301 Int. TBW Desal ESWP Permit SCHRWF BUDWF TPA Hiils Int. TPA 301 Int. TBW Desal ESWP Jan 171.7 21.55 0.67 0.00 0.00 0.00 0.00 62.13 22.40 5.06 1.85 1.68 21.18 41.94 77.91 22.05 4.48 1.52 0.00 0.06 59.58 Feb 173.71 22.14 1.63 0.00 0.00 0.00 0.00 59.13 19.25 5.57 0.09 3.42 14.18 51.92 105.18 23.79 4.38 2.10 0.00 1.35 38.04 Mar 166.85 19.88 1.87 0.00 0.00 0.00 0.00 78 24.13 5.10 1.16 3.23 3.00 55.78 79.83 21.24 4.61 0.47 0.00 0.62 55.12 Apr 147.95 22.96 1.83 0.00 0.00 0.00 0.00 105.83 26.17 4.08 2.47 3.83 2.94 34.58 101.74 25.85 4.00 0.00 0.00 2.80 43.96 May 166.94 27.07 1.86 0.00 0.00 0.00 0.00 112.47 30.88 3.02 2.83 2.96 4.47 31.77 110.32 26.04 3.09 0.00 1.31 3.91 36.97 Jun 146.09 21.78 1.49 0.76 0.00 0.00 0.00 141.31 26.04 3.17 1.05 0.75 4.29 0.68 87.63 19.40 3.12 0.00 2.32 0.00 49.07 Jul 138.75 18.46 1.05 0.60 0.00 0.00 0.00 85.75 20.82 5.30 0.72 0.04 1.71 47.64 95.21 18.54 4.37 0.00 0.00 0.00 42.30 Aug 149.07 22.23 0.00 0.70 0.00 0.00 0.00 82.6 15.75 7.09 0.08 0.79 1.58 45.32 95.53 19.89 5.47 0.00 0.00 0.00 48.88 Sep 131.98 22.84 0.00 0.64 0.00 0.00 0.00 75.57 16.89 5.90 0.62 0.00 0.66 50.29 Oct 141.25 26.68 0.00 0.75 0.00 0.00 0.00 72.24 21.14 5.16 2.22 0.00 2.27 59.55 Nov 143.96 29.30 0.00 0.79 0.00 0.00 0.00 77.64 23.88 4.71 2.22 0.00 0.56 63.98 Dec 139.27 24.28 0.00 0.24 0.00 0.00 0.00 82.25 22.21 4.38 1.98 0.00 0.07 53.56 Avg. 151.46 23.26 0.87 0.37 0.00 0.00 0.00 86.24 22.46 4.88 1.44 1.39 4.74 44.75 94.17 22.10 4.19 0.51 0.45 1.09 46.74

250 250

200 200

150 150

100 100

50 50 Million Gallons PerMillion Gallons Day 0 0 Jul-01 Jul-02 Jul-03 Jul-04 Jul-05 Oct-01 Oct-02 Oct-03 Oct-04 Apr-01 Apr-02 Apr-03 Apr-04 Apr-05 Jan-01 Jan-02 Jan-03 Jan-04 Jan-05 Feb-01 Jun-01 Feb-02 Jun-02 Feb-03 Jun-03 Feb-04 Jun-04 Feb-05 Jun-05 Mar-01 Mar-02 Mar-03 Mar-04 Mar-05 Dec-01 Dec-02 Dec-03 Dec-04 Sep-01 Sep-02 Sep-03 Sep-04 Nov-01 Nov-02 Nov-03 Nov-04 Aug-01 Aug-02 Aug-03 Aug-04 Aug-05 May-01 May-02 May-03 May-04 May-05 Date Consolidated Permit SCHRWF BUDWF TBW Desalination ESWP Tampa Hills Interconnect Tampa 301 Interconnect ESWP Includes the Alafia River Withdrawal, TBC / Hills. River Withdrawal and the C.W. Bill Young Reservoir Governing Board Meeting November 30, 2005

Resource Management and Development Committee

Consent Items

14. Approval of Minutes - October 25, 2005 Committee Meeting ...... 2

15. Resolution Requesting Release of FY2006 Appropriated funds from the Water Management Lands Trust Fund ...... 2

16. Facilitating Agricultural Resource Management Systems - DiMare, Ruskin, L.L.C. – County Line Farm (to be Presented to the Peace River Basin Board at its December meeting) ...... 3

Discussion Items

17. Lake Hancock Outfall Treatment Project ...... 4

18. Water Control Structure and Emergency Operations ...... 7

19. Basin Board Land Resources Committee and Public Land Acquisition and Management Conference Update ...... 8

Routine Reports

20. Significant Water Supply and Resource Development Projects ...... 8

21. Florida Forever Status Report ...... 11

22. Land Resources Department Significant Activities ...... 11

23. Minimum Flows and Levels Status Report ...... 11

24. Hydrologic Conditions Report ...... 12

25. Structure Operations Status Report ...... 13

26. January Committee Meeting Agenda ...... 14 Resource Management & Development - 2 - November 30, 2005 Committee Summary

Consent Items

14. Approval of Minutes - October 25, 2005 Committee Meeting

Staff Recommendation: See Exhibit 14

Approval of the minutes as presented.

15. Resolution Requesting Release of FY2006 Appropriated funds from the Water Management Lands Trust Fund

The District and Basins are eligible to receive reimbursement of costs for preacquisition; land management, maintenance and capital improvements; and payments in lieu of taxes to eligible counties for lands acquired or to be acquired with funds from the Water Management Lands Trust Fund, commonly known as Save Our Rivers, Preservation 2000 Trust Fund and Florida Forever Trust Fund.

The current modified budget for the District’s costs for preacquisition; land management, maintenance and capital improvements; and payments in lieu of taxes to eligible counties for fiscal year (FY) 2006 total $18,583,352. At this time staff requests the Board approve a resolution to request the Florida Department of Environmental Protection release the District’s FY2006 current modified budget for the above-mentioned costs within the Water Management Lands Trust Fund, and authorize staff to request quarterly reimbursements for FY2006 costs for preacquisition; land management, maintenance and capital improvements; and payments in lieu of taxes to eligible counties, not to exceed the total current modified budget of $18,583,352.

The current modified budgets by category and Basin for FY2006 are as follows:

Land Management, Maintenance and Capital Improvements General Fund $3,314,909 Alafia River Basin 372,608 Hillsborough River Basin 2,568,065 Northwest Hillsborough Basin 39,186 Coastal Rivers Basin 1,740,260 Pinellas-Anclote River Basin 1,491,482 Withlacoochee River Basin 1,883,575 Peace River Basin 1,946,479 Manasota Basin 1,787,836 Subtotal Land Management, Maintenance and Capital Improvements $15,144,400 Preacquisition General Fund $795,733 Capital Projects Fund 2,268,219 Subtotal Preacquisition $3,063,952.00 Payments in Lieu of Taxes General Fund $375,000 Subtotal Payments in Lieu of Taxes $375,000 Total $18,583,352

Resource Management & Development - 3 - November 30, 2005 Committee Summary

Staff Recommendation:

Approval of Resolution Requesting Release of Appropriated Funds from the Water Management Lands Trust Fund for Preacquisition; Management, Maintenance and Capital Improvements; and Payments in Lieu of Taxes in the amount of $18,583,352 and authorize staff to request quarterly reimbursements for the fiscal year not to exceed $18,583,352.

Presenter: Fritz H. Musselmann, Director, Land Resources Department

16. Facilitating Agricultural Resource Management Systems - DiMare, Ruskin, L.L.C. – County Line Farm (to be Presented to the Peace River Basin Board at its December meeting)

District staff requests approval for a Facilitating Agricultural Resource Management Systems (FARMS) Project with DiMare, Ruskin, L.L.C. The proposed project is located on their County Line Farm, a 2,144-acre tomato farm located within the Horse Creek and Big Slough Canal Watersheds. The project is estimated to reduce groundwater withdrawals up to 226,000 gallons per day (gpd). Staff also requests approval to reimburse FARMS eligible costs up to a not-to-exceed limit of $160,000. Of this amount, the 2005 State Appropriations will be used for $80,000 of the reimbursement, the Governing Board is requested to fund $40,000 and the Peace River Basin Board is requested to fund $40,000. Total project costs are estimated at $320,000. Upon approval, the Governing Board and Peace River Basin Board will have $1,110,987 and $1,251.016 respectively remaining in their FARMS budgets. Project authorization is contingent upon approval from the Peace River Basin Board on December 9, 2005. Since the next Governing Board meeting after the Peace Basin Board meeting is not until January 24, 2005, staff is requesting prior approval from Governing Board so the project will not be delayed.

FARMS is an agricultural Best Management Practice (BMP) cost-share reimbursement program that involves both water quantity and water quality aspects. It is intended to expedite the implementation of production-scale agricultural BMPs that will provide water resource benefits. The FARMS Program, developed by the District and Florida Department of Agriculture and Consumer Services, is a public/private partnership. Reimbursement cost- share rates are dependent on both water quantity and water quality BMPs. Resource benefits of the FARMS Program include reduced Floridan aquifer withdrawals, water quality improvement and/or conservation, restoration, and augmentation of the area’s water resources and ecology.

FARMS Program staff has received a project proposal for DiMare Ruskin, L.L.C.'s County Line Farm, located in northwestern DeSoto County. DiMare recently purchased the property which predominately drains to Horse Creek, with the southwestern corner draining towards the Big Slough Canal. The existing Water Use Permit authorizes an annual average groundwater withdrawal of 2,259,100 gpd. DiMare intends on farming approximately 600 acres of spring and 600 acres of fall tomatoes.

The primary goal of the project is to reduce groundwater withdrawals and increase irrigation efficiency through the use of an innovative, real-time irrigation control system. The proposed system will employ up to 24 interactive soil moisture probes, 144 radio controlled irrigation field valves, and radio controllers for four irrigation pump stations. The probes will have the capability to communicate with irrigation field valves via wireless radio link and switch-off irrigation to several zones simultaneously, once adequate soil moisture levels have been reached. The system’s remote computer will monitor water use and allow for the eventual shutdown of each irrigation pump station once irrigation cycles have been completed. Pumps will not resume irrigation until the systems soil moisture probes indicate the need at a Resource Management & Development - 4 - November 30, 2005 Committee Summary

particular area. The targeted use of irrigation and the unique field layout will allow for remote manipulation of irrigated areas approximately 15-acres in size.

The proposed project will reduce groundwater withdrawals and therefore qualifies for a 50 percent cost-share reimbursement rate under the FARMS Program. Using an estimated ten percent savings of permitted quantities, or approximately 226,000 gpd, yields a daily cost of $0.89 per thousand gallons of groundwater reduced over the five-year contract term and $0.27 per thousand gallons of groundwater reduced over a thirty-year term. Both values are below the model farm average cost of $1.93 per thousand gallons, saved developed for tomato production on flatwood soils, detailed in the District's Regional Water Supply Plan. The fiscal year 2005 state appropriation will be used to fund half of the project reimbursement, with the remainder split evenly between the Peace River Basin Board and the Governing Board.

Staff Recommendation:

(1) Approve the DiMare, Ruskin, L.L.C. – County Line Farm FARMS Project for a not-to- exceed project reimbursement of $160,000; (2) Authorize the transfer of $160,000 from H017, the FARMS Program, to H527 DiMare, Ruskin, L.L.C. – County Line Farm project fund; and (3) Authorize the Executive Director to execute the agreement, contingent upon approval from the Peace River Basin Board.

Presenter: Gregg W. Jones, P.G., Director, Resource Conservation and Development Dept.

Discussion Items

17. Lake Hancock Outfall Treatment Project

At the June and August 2005 Resource Management and Development Committee meetings, staff presented an overview of the Lake Hancock Outfall Treatment Project. At the August 2005 meeting, the Committee requested staff address or clarify five items. At the November 2005 meeting, staff will review the evaluation of the treatment technologies and address the items raised by the Committee and make recommendations on the next step in the process.

Background The Lake Hancock projects are critical in the District's strategies for meeting the minimum flows in the Upper Peace River, improving water quality in the Peace River, and protecting Charlotte Harbor, an estuary of national significance. The goal of the Lake Hancock Outfall Treatment Project is to improve water quality discharging from Lake Hancock through Saddle Creek to the Peace River. Historical data has shown that the Saddle Creek drainage basin, one of nine sub-basins in the Peace River Watershed, contributes approximately 6 percent of the total flow of the Peace River, yet contributes approximately 13 percent of the watershed’s total annual nitrogen load. Nitrogen has been identified as the primary target nutrient in restoring water quality in the Peace River and preventing degradation of Charlotte Harbor, a Surface Water Improvement and Management priority water body. The Peace River ecosystem routinely suffers from algae blooms during periods of low flows and warm weather. These events not only affect the fish and wildlife associated directly with the river and estuary, but also affect the region’s largest potable surface water supply system, operated by the Peace River/Manasota Regional Water Supply Authority. Many of the basins along the Peace River, including Lake Hancock, have been identified by the Florida Department of Environmental Protection as impaired under the Clean Water Act, requiring that Total Maximum Daily Loads be established. Furthermore, nitrogen loads have been predicted to increase significantly over the next 20 years as a result of growth. Water quality treatment of discharges from Lake Hancock has been identified as the most cost effective means of reducing nitrogen leveloads into the Peace River and Charlotte Harbor. Resource Management & Development - 5 - November 30, 2005 Committee Summary

Project Description The Lake Hancock Outfall Treatment Project was first included in the fiscal year 2003 budget. Work commenced in February 2004 with issuance of the first work order to the District’s consultant. The project involves five tasks: (1) Research, Monitoring and Data Acquisition, (2) Feasibility Study, (3) Design and Permitting, (4) Construction, and (5) System Start-up and Operation. The District has authorized the consultant to work on Tasks 1 and 2 for up to approximately $385,000. Task 1 will provide information necessary for evaluation of various treatment technologies and for design of the full-scale treatment system. Task 2, Feasibility Study, involves two elements: a) evaluation of applicable treatment technologies and ranking based on expected performance, cost, proof of concept, and other factors; and b) pilot testing of selected treatment technology(ies). Staff will seek approval from the Board prior to pilot testing of the selected technology(ies). Task 3 involves design and permitting of the selected treatment system and includes preparing construction plans and specifications. Staff will seek approval from the Board of the selected treatment system following the pilot testing and prior to initiating Task 3. Task 4 involves procuring a contractor through the competitive bid process for construction of the treatment system. Task 5 involves treatment system start-up and optimization of system performance to achieve target nutrient removal. The District is responsible for long-term operation and maintenance.

The consultant has completed Task 1, Research, Monitoring and Data Acquisition, and the first element of Task 2, Feasibility Study, to evaluate applicable treatment technologies. Board approval is necessary before moving forward with pilot testing of the selected treatment technology(ies).

Five Items the Committee Asked Staff to Address or Clarify

1. What size treatment system is necessary for the Outfall Treatment project to achieve the District's goals?

The District’s consultant was directed to evaluate treatment systems to reduce nitrogen loads to the upper Peace River by 27 and 45 percent. A system that would reduce the loads by 27 percent is considered the minimum size facility and is based on treating the flows at a capacity needed to meet the proposed minimum flows in the upper Peace River. A system that would reduce loads by 45 percent is considered the maximum size facility that is practical based on flows and treatment efficiencies. Based on a review of historic water quality data for the lake and upper Peace River, and the projected removal efficiencies, there does not appear to be a significant difference in the water quality benefits to the upper Peace River between the 27 and 45 percent treatment systems. Both are predicted to improve water quality in the upper Peace River from poor to fair. Further, the 27 percent system appears capable of improving the quality of the water discharging from Lake Hancock to historic conditions. A 27 percent load reduction goal is expected to offset the load increases projected to occur over the next 19 years to Charlotte Harbor from the Peace River Basin, while a 45 percent load reduction goal could offset the load increases over the next 32 years. Costs for a 45 percent treatment system are significantly greater than for a 27 percent system. Based on benefits to the resource combined with cost considerations, the most reasonable project goal appears to be a system that reduces loads by approximately 27 percent. The next step would be to conduct a pilot test using selected treatment technologies, and if during the pilot testing phase of this project it is determined that a treatment system can be optimized to improve the load reduction at minimal costs, this information would be brought back for the Board’s consideration.

2. Would a treatment system constructed on the District’s Old Florida Plantation (OFP) property attract birds and affect the operation or expansion plans for the Bartow Airport?

Resource Management & Development - 6 - November 30, 2005 Committee Summary

Staff contacted representatives with the Bartow Municipal Airport to discuss the Outfall Treatment project to determine if a treatment system would affect the airport’s operations or expansion plans. Concerns expressed by airport representatives focused on compliance with the avigation easement that exists within a 4.5 nautical mile radius from the center of the airport and includes the District’s OFP property. Staff does not anticipate any easement related issues associated with a wetland treatment system. The airport expressed greater concern with regard to noise conflicts if the OFP property was developed than for a shallow marsh system as proposed under the wetland treatment option. Additionally, the Airport has submitted a conceptual permit application for their Master Development Plan and it includes a proposal to expand an existing 12-acre wetland, located approximately 800 feet west of the airport’s main runway, to approximately 14 acres. Staff will continue to coordinate with the Airport, and based on these discussions, staff does not believe a treatment system constructed on the District’s OFP property would adversely affect the airport’s operations or expansion plans.

3. The Committee requested greater detail on the land requirements for the treatment options, as they relate to the Development of Regional Impact (DRI) and/or surplus opportunities associated with the District's OFP property.

The OFP property (approximately 3,500 acres) was purchased by the District as part of a major greenway extending from Charlotte Harbor, a designated estuary of national significance, through the Peace River Watershed north to the Green Swamp. The property was also purchased as an integral part of the proposed Lake Hancock Lake Level Modification and Outfall Treatment System Projects and for possible mitigation related to those projects. Before the purchase, staff identified areas on the property that may be needed for the projects and the potential affects to the OFP DRI. The layout of the proposed wetland treatment system to achieve the 45 percent load reduction goals would cover approximately 2,540 acres. The 2,540-acre wetland treatment option covers most of the OFP property and extends well beyond the area staff originally identified as needed for the projects. The layout to achieve the 27 percent load reduction goals would cover approximately 1,095 acres and occupy an area currently designated in the OFP DRI for approximately 255 acres of single family residential (1,250 units out of a total of 4,797 units) and an open space "habitat" area covering approximately 846 acres. The 1,095- acre wetland treatment option is within the area staff originally identified as needed for the projects. Additionally, the 1,095-acre wetland would occupy the former clay settling area on the OFP property. Staff has been and continues to investigate how to best minimize the impact on densities and optimize future surplus/exchange opportunities for the District.

4. The Board inquired about South Florida Water Management District’s (SFWMD) experience with wetland treatment and managed aquatic plant systems.

Dr. Robert Knight, with Water Solutions, Inc., is on the District's consulting team and has extensive experience in wetland treatment systems including with the SFWMD. The SFWMD currently operates and maintains over 40,000 acres of treatment wetlands to achieve load reduction goals within the Okeechobee and Everglades watersheds. Additional treatment wetlands are currently being planned to meet Phase 2 goals for Everglades protection and for critical components of the Comprehensive Everglades Restoration Plan. The SFWMD, through funding from a Phosphorus Source Control Grant, pilot tested an Algal Turf ScrubberTM (ATSTM) and Water Hyacinth ScrubberTM system from January 2003 to October 2004 in the Lake Okeechobee watershed. The SFWMD has contracted for the design and construction of a 4-acre ATSTM demonstration- scale project in the Taylor Creek/Nubbin Slough Basin that is anticipated to be operating by the end of 2006. The Florida Department of Agriculture and Consumer Services is providing funding for the project from a Phosphorus Source Control Grant. SFWMD is constructing a 142-acre and 800-acre treatment wetlands for the Taylor Creek/Nubbin Slough Basin and are nearing completion of design of an additional 300-acre treatment wetland in the same basin. Currently there are no water hyacinth systems being utilized Resource Management & Development - 7 - November 30, 2005 Committee Summary

by SFWMD for water quality enhancement. They are using the 4-acre ATSTM demonstration-scale project to assess the algal turf scrubber systems.

5. The Board inquired about maintenance associated with sedimentation rates for a wetland treatment system.

The design of the wetland treatment system provides for sedimentation rates of one centimeter per year, and system renovation through berm elevation or sediment removal will not be required for a minimum 50-year project life span. An added value of a wetland treatment system, as opposed to an engineered plant uptake and disposal process (water hyacinth systems), is that the majority of the nitrogen and carbon removed via a wetland treatment system is converted into inert, biologically unavailable atmospheric gases (N2 and CO2). These natural wetland processes freely transform solid forms of nitrogen and carbon from waste products into harmless atmospheric gases and therefore solids accumulation rates in treatment wetlands are much lower than in managed aquatic plant systems, requiring attention over a period of decades rather than days.

Two reports, while not final, are being provided to the Committee members to assist them in understanding the analyses that has taken place thus far. The District's consultant has prepared a draft report on the Alternative Treatment Technologies Evaluation. And, Dr. David Tomasko, the District's Environmental Section Manager, has prepared a draft report on the water quality benefits associated with the project. Staff and the consultants will present information from the reports on the evaluation of the treatment technologies and will address the items raised by the Committee. The information will include the quantitative criteria such as cost effectiveness and treatment efficiency, and qualitative criteria such as track record, operational simplicity, permitting, wildlife habitat, water storage, and recreation.

The focus of the presentation will be to review the District's load reduction goals for the project, review the evaluation that distinguishes the biological treatment technologies from the other technologies, and to review the evaluation that distinguishes the wetland treatment option over the water hyacinth option. The presentation will also review recommendations for pilot testing of a wetland treatment option. Staff anticipates bringing back the final report and recommendations for pilot testing to the Basin Board and Governing Board for approval in February 2006.

Staff Recommendation: See report (binder)

Adopt a 27 percent load reduction goal for the project and direct staff to finalize the Alternative Treatment Technologies Evaluation report and a pilot-testing plan to be brought back to the Basin Board and the Committee for approval.

Presenter: Mark A. Hammond, Director, Resource Management Department

18. Water Control Structure and Emergency Operations

Purpose In response to inquiries made during the October Basin Board workshop, staff will provide a comprehensive view of recent and ongoing structure operations and emergency management measures within the District. This item will also be presented at the December Basin Board meetings.

Background Over the past fifteen months, eight named tropical systems have made landfall in the state of Florida. Emergency management, preparedness and response has been a primary concern and focus for the District and the Operations Department. In the event of an emergency, the District Emergency Operations Center (EOC) is activated as part of the State Emergency Response Team (SERT). Statewide communication and coordination is achieved through the Resource Management & Development - 8 - November 30, 2005 Committee Summary

State Emergency Operations Center (SEOC). Mutual aid agreements are in place between most counties and state agencies and between the five water management districts. An outside consultant has completed a review of the District's emergency operations facilities and staffing. The final report is expected to be available in late November. The report will include suggestions to continue improvement of the District's emergency response capabilities.

Emergency management (EM) activities revolve around a four-phased cycle of preparedness, response, recovery and mitigation. It is possible to be engaged in all phases simultaneously though most activities are usually centered around the preparedness phase.

Preparedness refers to building the emergency management function to respond effectively to, and recover from, any emergency situation. Recent District Actions include: training of District staff in the Incident Command (ICS) and National Incident Management Systems (NIMS); Governing Board adoption of NIMS/ICS as the standard for incident management at the District; development, testing and updates of emergency action plans, conducting an assessment of District emergency operations performance and needs; increased monitoring and data acquisition; and upgrade of facilities with remote control capabilities.

Response involves conducting emergency operations to lower risk to lives and property by taking action to reduce the hazard to acceptable levels or eliminate it entirely. District structure operations are conducted in response to storm events. Mutual aid and assistance is provided in response to requests from the affected areas through the SEOC Tracker System.

Recovery typically involves repair and upgrade of District facilities to protect against future hazards. State and local governments provide recovery assistance to citizens and businesses. Mitigation is taking sustained actions to reduce or eliminate long-term risk to people and property from hazards and their effects. Mitigation typically includes such activities as construction of emergency spillways, erosion stabilization, providing additional flood storage, or installation of early warning systems.

Staff Recommendation:

This item is for the Committee's information, and no action is required.

Presenter: Gary W. Kuhl, Director, Operations Department

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

The Basin Board Land Resources Committee (BBLRC) will be meeting on November 17, 2005 in conjunction with the annual Public Land Acquisition and Management (PLAM) Conference in Hutchinson Island. At the meeting, staff will provide the Committee with an update on both the BBLRC meeting and the PLAM Conference.

Staff Recommendation:

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

Presenter: Fritz H. Musselmann, Director, Land Resources Department

Routine Reports

20. Significant Water Supply and Resource Development Projects

This report provides information on significant water supply and resource development projects in which the Governing Board is participating in the funding. The report provides a Resource Management & Development - 9 - November 30, 2005 Committee Summary

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 Staff met with the Jacque Lee Lane residents on October 13, 2005, to discuss how the project will affect their properties. Jacque Le Lane is located on the northeast side of the lake, and many residents of the area have experienced flooding during the high water events associated with last year's hurricanes. Another meeting was held for the Waterwood residents on November 9, 2005, to discuss how their properties will be affected by the proposed project. Waterwood is located on the southwest side of the lake and have some of the lowest residential properties associated with the project. The consultants' engineering model is expected to be finalized in early November and will identify the projected project limits. Staff will be making a presentation at the December Governing Board seeking authorization to submit a conceptual Environmental Resource Permit (ERP) application to the Florida Department of Environmental Protection (FDEP).

Lake Hancock Outfall Treatment Project Staff has addressed several issues raised by the Resource Management & Development Committee at its August 2005 meeting when this project was last discussed. The Committee asked staff to provide greater detail on, (1) the size requirements of the various treatment systems being considered for both the 27% and 45% removal efficiencies; (2) whether a wetland treatment system would attract birds and be incompatible with the nearby Bartow airport; and (3) South Florida Water Management District’s experience with similar treatment systems and maintenance requirements for wetland treatment systems (removal of sediment buildup). Staff will provide a presentation to the Committee at its November meeting. Refer to the Committee Discussion Item for a more detailed description of the status.

Peace Creek Watershed Staff met with Peace Creek Canal landowners on November 2, 2005, to provide them with an update on District activities relative to debris cleanup (completed), primary waterway maintenance and watershed analysis. The FDEP and the Department of Agricultural and Consumers Services made presentations on Total Maximum Daily Loads and cow and calf BMPs, respectively. Polk County completed aerial application for aquatic plant management on 20 miles of the creek in November 2005.

Hurricane Debris Removal The District has completed hurricane debris removal activities in approximately 277 miles of waterways including Peace Creek, Peace River and tributaries in Polk, Hardee, and DeSoto Counties; Charlotte Harbor tributaries including Shell and Prairie Creek; and Alafia River and Flint Creek in Hillsborough County. These were the projects associated with the 2004 hurricanes and Natural Resources Conservation Services (NRCS) monies.

Tampa Bay Regional Reclaimed Water and Downstream Augmentation The project team's October 21, 2005 meeting was cancelled due to events associated with hurricane Wilma. The primary focus continues to be on finalizing an optimal allocation of flows, which is the driving element behind the final project design. Allocation not only dictates pipe sizes and treatment requirements but cost allocation. Work continues on the Master Agreement, the document that will outline how the partners will interact and what their respective roles and responsibilities will be during design, construction and post construction operation phases. The City of Tampa and Tampa Bay Water are coordinating on their respective Basis of Design Reports (BODRs) for their portions of the regional project. Together, their BODRs encompass the regional system from Tampa's Howard F. Curren Advanced Wastewater Treatment Facility (HFC) to the proposed interconnections to the Pasco and Hillsborough County reuse systems. Pasco County is near completion of one of its primary transmission lines that will carry Pasco County and HFC reuse water into the system Resource Management & Development - 10 - November 30, 2005 Committee Summary

serving the New River and Palm Pointe areas. Pasco County is also ready to bid the construction work for one of the reclaimed water wet weather reservoirs.

Peace River/Manasota Regional Water Supply Authority

Regional Expansion Projects (F032 & F033) The Authority's financial team presented an update on the project funding and made a recommendation to approve the draft bond resolution. Sarasota County wanted more time to review the resolution and stated that if the Authority ran into financial hardship as a result of the delay, Sarasota County would fund the shortfall so the projects would continue to move forward. The Authority will bring this issue back to their December meeting for approval. The Authority's Board approved amending the existing New Water Sources Initiative (NWSI) agreements with the District for both expansion projects. District legal staff is currently working on the amendments to the agreements. The Authority's Board approved the BODR and an agreement with Boyle Engineering for the final design, permitting and bid phase services for the Facility Expansion Project (F033). It is anticipated that the construction contract will be ready to go out for bid in October 2006. The BODR for the Reservoir Expansion Project (F032) will be delivered to the Authority next week. The DeSoto County Pipeline Extension portion of the Facility Expansion Project is complete, and a dedication ceremony was held on October 31, 2005. Water can now be delivered from the Authority's facility to the Wal-Mart distribution center. Currently $250,000 is being withheld from the contractor until some minor punch-list items are completed.

Regional Integrated Loop System Feasibility/Routing Study The District received a draft technical memorandum for the first phase of the project. This phase of the study focused on interconnecting the Authority and Punta Gorda's water treatment plant on Shell Creek. This interconnection is a necessary component of the GAP plan and would provide the Authority with an additional water supply source until the expansion projects are completed. A meeting is scheduled for November 14, 2005 with District, Authority and Punta Gorda staff to discuss funding the interconnect. The Authority will continue to meet with local governments to discuss points of connection, planned system improvements, planned corridors and other issues.

GAP Plan The Authority's Board approved a contract with HDR Engineering to prepare and submit a WUP to the District for the Authority's GAP Plan. This plan and permit are being developed to meet a potential water supply shortfall prior to the completion of the expansion projects. Authority and District staff continues to meet with local governments to discuss the permitting issues associated with the GAP plan.

Water Planning Alliance (WPA) The WPA held a Board meeting on October 27, 2005 to discuss regional conservation efforts and how the Authority will be moving forward with implementing the projects in the WPA study. Currently, development of the projects has been turned over to the Authority.

Regional Master Water Plan The Authority is constructing a document that will summarize its ongoing water supply planning efforts. This document will identify projects to be incorporated into the Authority's Capitol Improvements Program by further evaluating the water supply options presented in the WPA Regional System Planning and Engineering Study. The report will also detail how these projects will be incorporated into the Regional Loop System.

Other The Authority Board approved submitting six cooperative funding requests to the District. The requests are for the following.

Resource Management & Development - 11 - November 30, 2005 Committee Summary

1. Peace River Regional Reservoir Expansion (ongoing) 2. Peace River Facility Expansion (ongoing) 3. Regional Loop system Phase 1 (Interconnect to Punta Gorda) 4. Regional Resource Development (Development of next Authority source) 5. Regional Loop system Phase 2 (Interconnect to North Port) 6. Regional Loop system Phase 3 (Interconnect to Manatee)

Staff Recommendation:

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

Presenter: Bruce C. Wirth, Deputy Executive Director

21. Florida Forever Status Report

Attached for the Board’s use and information is the monthly funding status report for the Florida Forever program. The projects have been categorized as acquisitions or projects for: restoration; capital improvements for restoration; water resource development; and preservation. In addition to Florida Forever funding, staff continues to explore all funding opportunities.

Staff Recommendation: See Exhibit 21

This item is provided for the Committee’s information, and no action is required.

Presenter: Fritz H. Musselmann, Director, Land Resources Department

22. Land Resources Department Significant Activities

Fire Management (District-wide) – Staff completed approximately 1,000 acres of prescribed burning during October, 2006 on five District conservation lands.

Weekiwachee Preserve (Coastal Rivers Basin Board, Pasco County) – A thinning harvest was conducted on a 30-acre stand of planted slash pine on the Wooley tract within the Weekiwachee Preserve. The objectives of the timber harvest were to thin the planted pines back to a more natural density and to prepare the site for creation of a nature park that will include picnicking and hiking trails. The harvest generated $12,859 in revenue, which will be used for management of District conservation lands. Work on the park site will begin in December, 2005.

Green Swamp West (Withlacoochee River Basin Board, Pasco County) – On October 26 an event was held at the Little Everglades Ranch celebrating acquisition of two conservation easements. A 1,726-acre conservation easement was purchased by the District for $3,784,550 and another conservation easement over 72 acres was donated by the owners, Bob and Sharon Blanchard. Over 200 people attended the event, including board members, county officials and the Florida Director of The Nature Conservancy, Victoria Tschinkel.

Staff Recommendation:

This item is provided for the Committee’s information, and no action is required.

Presenter: Fritz H. Musselmann, Director, Land Resources Department

23. Minimum Flows and Levels Status Report

District staff continues to work on various phases of Minimum Flows and Levels (MFLs) development for waterbodies on the District's MFLs priority list. Attached for the Board's use Resource Management & Development - 12 - November 30, 2005 Committee Summary

and information is the current Minimum Flows and Levels Priority List and Schedule – Waterbody Timelines report that identifies the status of each waterbody in regard to our five phase process of MFL establishment.

Staff Recommendation: See Exhibit 23

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

Presenter: Martin H. Kelly, Ph.D., Manager, Resource Conservation and Development Department

24. Hydrologic Conditions Report

This routine report provides information on the general state of the District's hydrologic conditions, by c as omparing 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 of the date of publication. It is available at http://www.swfwmd.state.fl.us/ waterres/hydro/ hydro.htm.

Rainfall Provisional data indicate that rainfall totals were generally above normal for October. The normal range is defined as rainfall totals that fall on or between the 25th to 75th percentiles of the historical average for each month. • The northern region received an average of 4.66 inches of rainfall, equivalent to the 78th percentile. • The central region received 3.75 inches of rainfall, equivalent to the 73rd percentile. • The southern region recorded an average of 6.56 inches of rain, equivalent to the 94th percentile. • The District-wide rainfall average was 5.09 inches, equivalent to the 85th percentile.

Streamflow In October, streamflow decreased in the northern and central regions, increased in the southern region, yet remained within the normal range for the month for those rivers referenced below. Normal streamflow is defined as falling between the 25th and 75th percentiles. • The average streamflow at the Withlacoochee River near Holder station in the northern region was in the 46th percentile. • The average streamflow measured at the Hillsborough River near Zephyrhills station in the central region was in the 59th percentile. • The average streamflow measured at the Peace River at Arcadia station in the southern region was in the 70th percentile.

Groundwater Levels Groundwater levels in the Floridan aquifer were within the normal range in October. • The average groundwater level in the northern region decreased 0.20 foot, but was 3.81 feet above the bottom of the monthly normal range of historical values. The normal range in the northern region is 0 to 4 feet. • The average groundwater level in the central region decreased 0.26 foot, but was 0.99 foot above the bottom of the normal range. The normal range in the central region is 0 to 6 feet. • The average groundwater level in the southern region increased 1.19 feet, and ended the month 5.07 feet above the bottom of the normal range. The normal range in the southern region is 0 to 8 feet. Resource Management & Development - 13 - November 30, 2005 Committee Summary

Lake Levels Average lake levels in October were within the normal range. Normal lake levels are defined as levels that fall between the minimum low management (MLM) level (normal yearly low), and the minimum flood (MFL) level (normal yearly high). • Average levels in the northern region decreased 0.15 foot, and were 0.69 foot above the MLM level. • Average lake levels in the Tampa Bay region decreased 0.05 foot, and were 1.11 feet above the MLM level. • Average lake levels in the Polk Uplands region increased 0.38 foot, and were 2.49 feet above the MLM level. • Average lake levels in the Lake Wales Ridge region increased 0.33 foot, and were 2.04 feet above the MLM level.

Issues of Significance Hurricane Wilma moved through the District on October 24th, bringing several inches of rainfall on a District-wide basis. The greatest rainfall amounts fell in the northern Peace River and Green Swamp basins. The area around Babson Park in Polk County, which experienced flooding of homes as lakes overflowed their banks earlier this summer, has again been affected. Because of the closed drainage basins involved, and the high lake levels surrounding the flooding lakes, there is little that can be done to alleviate this flooding except wait for water levels to drop naturally. Throughout the rest of the District, hydrologic conditions are normal to above normal, and no major impacts are foreseen to water supplies in the near future.

Staff Recommendation:

This item is provided for the Committee's information only, and no action is required.

Presenter: Granville Kinsman, Manager, Hydrologic Data Section

25. Structure Operations Status Report

During October the District experienced above normal rainfall. Most of the water control structures have been in the closed position for the entire month. The Operations Department is storing and conserving as much water as possible as the dry season approaches. A summary of the operations made in October is as follows:

• Inglis Water Control Structures: Both gates at the Inglis Bypass remained open 3.9' for the entire month discharging a maximum flow of 1540 cfs into the lower Withlacoochee River. The Inglis Main Dam gates have been open approximately 0.3 feet over the month to maintain levels on Lake Rousseau.

• Withlacoochee River Basin: On the Tsala Apopka Chain of Lakes, all structures remained closed to maintain levels. At the Leslie Heifner structure, river levels remained lower than the Floral City Pool throughout October; hence, there was no opportunity to enhance lake levels through structure operation. In Sumter County, six inches of stop logs were added to structure S-11 bringing Big Gant Lake to above 76.00’ NGVD.

• Hillsborough River Basin: The environmental gate at the Medard Reservoir structure has remained open (sixteen inches) for the month, maintaining levels on the reservoir and providing flow to the Little Alafia. At the Flint Creek Structure, weir gates were raised six inches on October 28, to bring Lake Thonotossa up to its scheduled level of 36.25’ NGVD.

Resource Management & Development - 14 - November 30, 2005 Committee Summary

• Northwest Hillsborough Basin: The Lake Pretty structure’s main gates were opened three inches for three days to maintain the lake level near maximum desirable (44.50 NGVD) after Hurricane Wilma. The Ellen-Lipsey Structure was opened five inches on October 1 and was gradually closed by October 8, releasing run-off from localized showers. No other structures were operated within the Basin during October.

• Peace River Basin: Structure G-90 in Highlands County was opened two inches on October 19 in anticipation of Hurricane Wilma's precipitation. Both gates were gradually raised to five inches after the storm and then fully closed on October 26. Structure P-11, on Lake Hancock in Polk County, was opened two degrees for the first two weeks of the month to alleviate run-off and maintain levels between the maximum desirable and high level (98.50’ to 99.00’ NGVD). Also in Polk County, stop logs were added to the Lake Gibson and Lake Arietta structures to attain desired seasonal levels.

Staff Recommendation: See Exhibit 25

This item is provided for the Committee's information only, and no action is required.

Presenter: Gary W. Kuhl, Director, Operations Department

26. January Committee Meeting Agenda

MINUTES OF THE MEETING

Resource Management and Development Committee Governing Board Southwest Florida Water Management District

Brooksville, Florida October 25, 2005

The Resource Management and Development Committee of the Governing Board of the Southwest Florida Water Management District met at 9:02 a.m. on October 25, 2005, at the District Headquarters. The following persons were present:

Committee Members Present Staff Members Present Janet D. Kovach, Chair Bruce C. Wirth Neil Combee, Vice Chair Gregg W. Jones Other Attendee(s) Edward W. Chance, Member Fritz H. Musselmann Bill Bartnick, FARMS Judith C. Whitehead, Member Mark A. Hammond FDACS Watson L. Haynes II, Member Eugene M. Kelly Will C. Miller Colleen E. Kruk Recording Secretary Committee Member(s) Absent Steven E. Dicks M. Frances Sesler None Michael L. Holtkamp Eric C. DeHaven Michael G. Heyl

Chair Kovach called the meeting to order and noted a quorum was present.

Consent Items

10. September 27, 2005 Committee Meeting Minutes Staff recommended approval of the minutes as presented.

11. Five-Year Water Resource Development Work Program The District is required by Chapter 373 Florida Statutes., to prepare annually a Five-Year Water Resource Development Work Program. This Program must describe the District’s implementation strategy for the water resource development component of the approved Regional Water Supply Plan. The Program must be submitted to the Department of Environmental Protection, and specified state and local government officials within 30 days after the adoption of the District’s final budget. Staff is recommending the Governing Board approve the proposed Five-Year Water Resource Development Work Program for submittal to the Department of Environmental Protection for review.

12. WateReuse Foundation Studies

a. Reclaimed, Surface and Ground-water Quality Staff requests approval to amend the agreement with the WateReuse Foundation for the WateReuse Foundation Study of Reclaimed, Surface and Ground-Water Quality (P872-H) to expand the scope and budget with the transfer of $45,000 from the General Fund's Water Supply and Resource Development (WSRD) reserves related to adding the City of Bradenton to the list of study participants, and to grant a one-year time extension necessary to complete the study. This amendment increases the District's costs from $200,000 to $245,000. Staff recommended the Governing Board approve the transfer of $45,000 from General Fund's WSRD reserves to the WateReuse Foundation Study of Reclaimed, Surface, and Ground-water Quality (P872-H); approve the amendment effective as of October 1, 2005, with the WateReuse Foundation for an eligible project cost of $445,000, with the District’s share not to exceed $245,000; and authorize the Executive Director to execute the amendment. Minutes of the Meeting October 25, 2005 Governing Board Resource Management and Development Committee Page 2 of 5

b. Innovative Reverse Osmosis (RO), Electron Beam (EB) and Ultraviolet (UV) Light Reclaimed Water Treatment Technologies Staff requests approval to amend the agreement with the WateReuse Foundation for the WateReuse Foundation Study of Innovative RO, EB and UV Reclaimed Water Treatment Technologies (L112) to expand the scope and budget with the transfer of $75,000 from the General Fund's (WSRD) reserves related to adding the City of Bradenton to the list of study participants, and to grant a one-year time extension necessary to complete the study. This amendment increases the District's costs from $200,000 to $275,000. The purpose of this item is to request Board approval for a scope expansion to an existing project that will address questions raised as a result of the Manatee County Drinking Water Protection and Reuse Study report. Staff recommended the Governing Board approve the transfer of $75,000 from the General Fund's WSRD reserves to the WateReuse Foundation Study of Innovative RO, EB and UV Reclaimed Water Treatment Technologies (L112); approve the amendment effective as of October 1, 2005, with the WateReuse Foundation for an eligible project cost of $475,000, with the District’s share not to exceed $275,000; and authorize the Executive Director to execute the amendment.

13. Presented to the Hillsborough River Basin Board in October

a. Update of the Plan for the Use and Management of the Cypress Creek Preserve Staff recommended approval of the update to the Plan for Use and Management of the Cypress Creek Preserve. b. Utility Easement to Tampa Electric Company – Lower Hillsborough Flood Detention Area, SWF Parcel No. 13-300-771X Staff recommended approval of an easement to the Tampa Electric Company for the Flatwoods Park – Bruce B. Downs Entrance Facilities, SWF Parcel No. 13-300-771X. c. Non-Exclusive License Agreement between the District and Stauffer Management Company LLC – Tampa Bypass Canal, SWF Parcel No. 13-002-745X Staff recommended approval of the non-exclusive license agreement with Stauffer Management Company LLC for SWF Parcel No. 13-002-745X.

14. Presented to the Coastal Rivers Basin Board in October a. Second Amendment to Agreement with Pasco County and the Pasco County School Board for the Starkey Environmental Education Center – Starkey Wilderness Preserve, SWF Parcel No. 16-010-031X Staff recommended approval of the Second Amendment to Agreement with Pasco County and the Pasco County School Board for SWF Parcel No. 16-010-031X. b. Easement Agreement with Tampa Bay Water for the North Pasco Wellfield Transmission Pipeline – Starkey Wilderness Preserve, SWF Parcel No. 15-010-054X Staff recommended approval of an Easement Agreement to Tampa Bay Water for SWF Parcel No. 15-010-054X.

15. Presented to the Coastal Rivers and Pinellas-Anclote River Basin Boards in October - Amendment to License Agreement with Tampa Bay Water for the West Pasco Improvements Project – Starkey Wilderness Preserve, SWF Parcel No. 16-010-037X Staff recommended approval of the Amendment to License Agreement with Tampa Bay Water for SWF Parcel No. 16-010-037X and authorize the Executive Director to execute the agreement.

16. Presented to the Peace River Basin Board in October a. Approval of the Plan for the Use and Management of the Jack Creek Project A management plan has been developed to guide the future use and management of the 1,268-acre Jack Creek project. The project is located in west-central Highlands County within the Lake Wales Ridge Watershed in the Peace River Basin. Staff recommended approval of the Plan for Use and Management of the Jack Creek Project. Minutes of the Meeting October 25, 2005 Governing Board Resource Management and Development Committee Page 3 of 5

b. Facilitating Agricultural Resource Management Systems (FARMS) (1) FLM, Inc. - Prairie River Ranch Project Staff recommended the Board: (a) Approve the FLM, Inc. – Prairie River Ranch FARMS Project for a not-to exceed project reimbursement of $200,000; (b) Authorize the transfer of $200,000 from H017, the FARMS Program, to H505 FLM, Inc. – Prairie River Ranch project fund; and (c) Authorize the Executive Director to execute the agreement. (2) Williams Farms Partnership Phase II Project Staff recommended the Board: (a) Approve the Williams Farms Partnership Phase II - FARMS Project for a not-to-exceed project reimbursement of $450,000; (b) Authorize the transfer of $450,000 from H017, the FARMS Program, to H512 the Williams Farms Partnership FARMS project fund; and (c) Authorize the Executive Director to execute the agreement.

(3) Billy H. Haygood, Trustee of Hancock Revocable Trust – Hancock Grove Project Staff is recommending the Board: (a) Approve the Billy H. Haygood, Trustee of Hancock Revocable Trust – Hancock Grove FARMS Project for a not-to-exceed project reimbursement of $450,000; (b) Authorize the transfer of $450,000 from H017, the FARMS Program, to H516 the Billy H. Haygood, Trustee of Hancock Revocable Trust – Hancock Grove FARMS project fund; and (c) Authorize the Executive Director to execute the agreement. (4) Peace River Citrus, L.L.C. Project Staff recommended the Board: (a) Approve PRC, L.L.C. FARMS Project for a not-to-exceed project reimbursement of $15,000; (b) Authorize the transfer of $15,000 from H017, the FARMS Program, to H526 PRC, L.L.C. project fund; and (c) Authorize the Executive Director to execute the agreement.

17. Green Swamp Basin - Facilitating Agricultural Resource Management Systems - Polkdale Farms, L.L.C. Project Staff recommended the Board: (1) Approve the Polkdale Farms, L.L.C. Project for a not-to-exceed project reimbursement of $100,000; (2) Authorize the transfer of $100,000 from H017, the FARMS Program, to H524 Polkdale Farms, L.L.C. project fund; and (3) Authorize the Executive Director to execute the agreement.

Following consideration, Mr. Combee moved, seconded by Mr. Chance, to approve Consent Items 10 – 17. Motion carried unanimously. (Tape 1, Side A - 0010

Discussion Items

18. Orthophoto Program Status Update Mr. Steven Dicks, Mapping and GIS Manager, provided an update on the Orthophoto Program. Digital orthophotos are digital aerial photographs that are processed in conjunction with elevation and ground survey data to produce highly accurate, computer compatible photomaps. The District first began its orthophoto program in 1994, with updates in 1999 and 2004. The 1994, 1999 and 2004 orthophoto data were done in coordination with the United States Geological Survey, the Florida Department of Environmental Protection and the five water management districts, and resulted in a statewide orthophoto database with a resolution of three feet and a horizontal accuracy of approximately 25 feet. Beginning in 2005 the orthophoto program has been upgraded to include annual updates, a resolution of one Minutes of the Meeting October 25, 2005 Governing Board Resource Management and Development Committee Page 4 of 5

foot and a horizontal accuracy of approximately six feet. This data has served as the primary base map for the District’s Geographic Information System database and are widely distributed to public and private entities upon request. This item was presented for the Committee's information, and no action is required. (Tape 1, Side A – 270)

19. Presented to the Withlacoochee River Basin Board - Lake Panasoffkee Restoration Council - Eighth Annual Report to the Legislature Mr. Michael Holtkamp, Sr., Professional Engineer (SWIM) provided an update on the Lake Panasoffkee Report to the Legislature. He noted that corrections were made to the copy the Board received and a revised copy was given to the Committee at the Resource Management and Development Committee Meeting. Staff recommended acceptance of the Lake Panasoffkee Restoration Council 2005 Report to the Legislature, with corrections noted. Following consideration, Mr. Combee moved, seconded by Ms. Whitehead, to approve the Restoration Council's 2005 Report to the Legislature. (Tape 1, Side A - 534)

20. Revised District/Florida Department of Agriculture and Consumer Services/Facilitating Agricultural Resource Management Systems Program Operating Agreement and District Procedure Mr. Eric DeHaven, Manager, Resource Data Section provided a status report on the revisions to the Operating Agreement between the District and the Florida Department of Agriculture and Consumer Services for the Facilitating Agricultural Resource Management Systems Program (FARMS). The purpose of this item was to obtain the Board's approval and authorization for the Executive Director to execute the amended FARMS District Procedure (Procedure 13-9) and the FARMS Program Operating Agreement between the District and the Florida Department of Agriculture and Consumer Services (FDACS). Staff recommended the Board authorize the Executive Director to execute the revised District/FDACS FARMS Operating Agreement and the revised District FARMS Procedure (Procedure 13-9). (1) Streamlines funding mechanisms whereas FDACS will utilize their funds directly within their designated priority area (Upper Myakka) and the District will utilize their funding within their designated priority area (SPJC) and the remainder of the SWUCA outside the priority areas, (2) Allows the District and FDACS to consider projects, on a case-by-case basis, in other areas of the District outside of the SWUCA, (3) Allows for the District and FDACS (as lead agency) to design and implement a reimbursement program, following the general FARMS Program procedures, to directly assist smaller growers (generally defined as having irrigated acreage of less than 100 acres) on water resource projects that reduce water use.

Mr. DeHaven then acknowledged Mr. Bill Bartnick with the Florida Department of Agriculture and Consumer Services who was in the audience to show his support for the revised operating agreement. Following consideration, Mr. Chance moved, seconded by Mr. Combee, to approve staff's recommendation. Motion carried unanimously. (Tape 1, Side B – 690)

21. Presented to the Peace River and Manasota Basin Boards - Peace River Facility Expansion and Peace River Regional Reservoir Expansion Mr. Gregg Jones, Director, Resource Conservation and Development Department, presented the Peace River Facility Expansion and Peace River Regional Reservoir Expansion. Staff recommended the Governing Board: (1) Approve amending the existing Agreements for the Peace River Facility Expansion (F033) and Peace River Regional Reservoir Expansion (F032) projects, reflecting the Authority's requested changes in funding and scopes of work; (2) Recommend approval of the first amendments to the Agreements with the Authority: (a) District’s total share of F032 and F033 not to exceed $20,364,365 and $22,392,604, respectively;

Minutes of the Meeting October 25, 2005 Governing Board Resource Management and Development Committee Page 5 of 5

(b) Governing Board's share not to exceed $10,183,724 and $11,572,796 respectively; (c) Manasota Basin Board's share not to exceed $7,390,543 and $7,858,922, respectively; and (d) Peace River Basin Board's share not to exceed $2,790,098 and $2,960,836, respectively; and (3) Authorize the Executive Director to execute the Amendments.

Following consideration, Mr. Chance moved, seconded by Mr. Combee, to approve staff's recommendation. Motion unanimously approved. (Tape 1, Side B – 804)

22. Minimum Flows and Levels a. Tampa Bypass Canal – Report by Peer Review Group Mr. Mike Heyl of the Ecologic Evaluation Section gave an update of the Tampa Bypass Canal concerning the adoption of minimum flows. This report was submitted to an independent, scientific review panel for voluntary peer review. The Chairman of the panel, Mr. Gary Powell, made a presentation to the Committee concerning the panel’s findings. District staff will respond to the panel’s findings at the November 2005 meeting. This item was presented for the Committee's information, and no action is required. (Tape 2, Side A – 039) b. Alafia River Freshwater Segment and Upper Segment of the Myakka River – District Response to Peer Review Report This item was delayed to the November/December meeting due to time constraints.

Routine Reports

23. Florida Forever Status Report 24. Land Resources Department Significant Activities 25. Minimum Flows and Levels Status Report 26. Hydrologic Conditions Report 27. Structure Operations Status Report

These items were provided for the Board's information only, and no action was required.

28. November/December Committee Meeting Agenda Approval of the Minutes of the October 25, 2005, Committee Meeting Alafia River Freshwater Segment and Upper Segment of the Myakka River – District Response to Peer Review Report Routine Reports • Florida Forever Status Report • Land Resources Department Significant Activities • Minimum Flows and Levels Status Report • Hydrologic Conditions Report • Structure Operations Status Report Development of the November/December Committee Meeting Agenda

Chair Kovach requested that a copy of the document done by staff member Sid Flannery on the Alafia River be given to each of the Committee members before the next meeting.

There was no other business to come before the Committee the meeting adjourned at 10:42 a.m.

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 Florida Forever Funds Available -- Inception to Includes $10.4 million from the Water Management Lands Trust Fund Date $ 197,332,719 and $3,182,719 from the P2000 Trust Fund

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- 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 Flying Eagle - Boy Scouts (19-334-133) Preservation 13,500,000 5,484 Closed 12/14/2004

11/10/2005 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 Green Swamp - Beck (10-200-1246) Preservation 11,250 15 Closed 12/14/2004 - used P2000 funds 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 Subtotal Completed Parcels/Projects $ 101,528,763 22,610 11,679 Subtotal Funds Available $ 95,803,956 Parcels/Projects Approved By Board (Funds Encumbered within DEP Trust Fund) Water resource Lake Hancock - Kent (20-503-107) dev - land acq 9 3,726,950 370 Closing scheduled for first quarter of calendar year 2006 Aug-05 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 $ 17,162,396 370 - Subtotal Funds Available $ 78,641,560 Ongoing Acquisitions/Projects Restoration - Tampa Bay - FISH (21-728-117C) land acq 9 15 FISH to reschedule meeting TBD Lake Hancock - Hancock Lake Ranch (20-503- Water resource 111) dev - land acq 9 81 Acquisition process pending approval of ERP TBD Owner filed inverse condemnation lawsuit against District; first Water resource mediation did not result in settlement; Office of General Counsel Lake Hancock - Hampton (20-503-103) dev - land acq 9 2,036 considering options TBD Water resource Lake Hancock - Smith (20-503-110) dev - land acq 9 20 Acquisition process pending approval of ERP TBD Water resource Lake Hancock - Rogers (20-503-108) dev - land acq 9 18 Acquisition process pending approval of ERP TBD Water resource Lake Hancock - Ellsworth (20-503-106) dev - land acq 9 120 Acquisition process pending approval of ERP TBD Upper Peace River - Clear Springs, LLC (20-502- Water resource 107) dev - land acq 9 1,900 Owner declined offer; negotiations continuing TBD Water resource Peace Creek Canal - Carter (20-696-102C) dev - land acq 9 2,200 Offer being reviewed Dec-05 Water resource Peace Creek Canal - Lightsey (20-696-101C) dev - land acq 9 2,000 Offer being reviewed Dec-05

Bowlegs Creek - Stuart (20-697-101) Preservation 9 3,700 Joint acquisition with Polk Co.; owner declined offer Dec-05

11/10/2005 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

Flying Eagle - Keough (19-334-137) Preservation 10 Ordered appraisals Feb-06

Green Swamp East - Overstreet (10-200-1145) Preservation 5,000 Joint acquisition with Polk Co.; ordered appraisals Apr-06

Green Swamp West - Hawk Ranch (19-410-119C) Preservation 485 Offer being reviewed Dec-05

Lake Panasoffkee - Patterson (19-528-112) Preservation 1 Appraisal value below owner expectations; preparing offer Dec-05 Lower Manatee River Floodway - Bowman (21-601- 102) Preservation 9 12 Owner will not discuss until after 07/2006 TBD Lower Manatee River Floodway - Riggs National Property Co. (21-601-103) Preservation 9 26 Planned for development TBD Lower Manatee River Floodway - Knowles (21-601- 104) Preservation 9 7 Letter sent to owner to determine their interest in selling; no response TBD Lower Manatee River Floodway - Stewart (21-601- 105) Preservation 9 34 Owner not interested in selling; requested no further contact TBD Lower Manatee River Floodway - Knowles (21-601- 106) Preservation 9 7 Letter sent to owner to determine their interest in selling; no response TBD Lower Manatee River Floodway - Williams (21-601- 107) Preservation 9 11 Letter sent to owner to determine their interest in selling; no response TBD Lower Manatee River Floodway - Grindler (21-601- Letter sent to owner to determine their interest in selling; owners' 108) Preservation 9 40 attorney responded TBD Lower Manatee River Floodway - Hartzell (21-601- Letter sent to owner to determine their interest in selling; not interested 109) Preservation 9 8 in selling TBD Lower Manatee River Floodway - Green (21-601- 110) Preservation 9 43 Letter sent to owner to determine their interest in selling; no response TBD Lower Manatee River Floodway - Potter (21-601- Owner not interested in selling at this time; future government sale 111) Preservation 9 21 contingent on preservation of historic home TBD

Potts Preserve - Goodgame (19-484-123) Preservation 20 Owner reviewing proposal Feb-06 Subtotal Ongoing Acquisitions/Projects $ 140,080,000 13,115 4,700 Grand Total $ (61,438,440) $ 258,771,159 36,095 16,379 Note that projected monies to be spent exceed current funding. This is due to the fact that not all acquisitions will be consummated since the District’s acquisition program is opportunity-driven and primarily voluntary.

11/10/2005 Page 3 of 3 2006 Priority List Schedule and Timeline Exhibit A

2004 WATERBODIES

Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Data Collection Data Analysis Peer Review Recovery Rule Adoption & Draft MFL Report Strategy

2004 Hernando County Lakes Hunters completed completed NA NA completed Lindsey completed completed NA NA completed Mountain completed completed NA NA completed Neff completed completed NA NA completed Spring completed completed NA NA completed Weekiwachee Prairie completed completed NA NA completed

Hillsborough County Lakes Charles completed completed NA NTB/Aug 2000 completed Crescent completed completed NA NTB/Aug 2000 completed Dan completed completed NA NTB/Aug 2000 completed Garden completed completed NA NTB/Aug 2000 completed Horse completed completed NA NTB/Aug 2000 completed Jackson completed completed NA NTB/Aug 2000 completed Mound completed completed NA NTB/Aug 2000 completed Platt completed completed NA NTB/Aug 2000 completed Pretty completed completed NA NTB/Aug 2000 completed Reinheimer completed completed NA NTB/Aug 2000 completed Strawberry completed completed NA NTB/Aug 2000 completed Taylor completed completed NA NTB/Aug 2000 completed

Pasco County Lakes Bell completed completed NA NTB/Aug 2000 completed Bird completed completed NA NTB/Aug 2000 completed Clear completed completed NA NTB/Aug 2000 completed Green completed completed NA NTB/Aug 2000 completed Hancock completed completed NA NTB/Aug 2000 completed Middle completed completed NA NTB/Aug 2000 completed Moon completed completed NA NTB/Aug 2000 completed Padgett completed completed NA NTB/Aug 2000 completed Parker aka Ann completed completed NA NTB/Aug 2000 completed Pasadena (Buddy) completed completed NA NTB/Aug 2000 completed

As of October 31, 2005 2006 Priority List Schedule and Timeline Exhibit A RIVERS and SPRINGS

Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Data Collection Data Analysis Peer Review Recovery Rule Adoption & Draft MFL Report Strategy

2005 Alafia River System (freshwater) completed completed completed NA Jun 2005

Middle Peace River System completed completed completed NA completed

Upper Myakka River System completed completed completed NA Jul 2005

2006

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

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

Sulphur Spings completed completed completed NA Oct 2005 Tampa Bypass Canal completed completed completed TBD May 2005 Lower Hillsborough River (Re-eval) completed completed Sep 2005 NTB/Aug 2000 TBD

Lower Myakka River System completed Oct 2005 Nov 2005 TBD Jan 2006

Lower Peace River Estuary completed July 2005 Nov 2005 NA Feb 2006

Upper Hillsborough River System completed Jun 2005 Oct 2005 NTB/Aug 2000 Feb 2006 Crystal Spring completed Jun 2005 Oct 2005 NTB/Aug 2000 Feb 2006

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

2007 Anclote River System Jan 2006 July 2006 Nov 2006 TBD Jan 2007

Cow Pen Slough/Canal Jan 2007 May 2007 Sep 2007 TBD Dec 2007

Little Manatee River System Jan 2006 Sep 2006 Jan 2007 TBD Feb 2007

Manatee River System Jun 2006 Nov 2006 Mar 2007 TBD Apr 2007

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

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

Blind Springs Jan 2008 Jun 2008 Oct 2008 TBD Dec 2008

Rainbow Springs Jan 2008 Jun 2008 Oct 2008 TBD Dec 2008

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

Homosassa Spring Jan 2009 Jun 2009 Oct 2009 TBD Dec 2009

Middle Withlacoochee River System Jan 2009 Jun 2009 Oct 2009 TBD Dec 2009

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

As of October 31, 2005 2006 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 2005 Citrus County Lake Tsala Apopka completed completed NA TBD Dec 2005 Highland County Lakes June-in-Winter completed completed NA Jan 2005 Mar 2005 Placid completed completed NA Jan 2005 Mar 2005 Hillsborough County Lakes Allen completed Sep 2005 NA NTB/Aug 2000 Dec 2005 Harvey completed Sep 2005 NA NTB/Aug 2000 Dec 2005 Virginia (new) completed Sep 2005 NA NTB/Aug 2000 Dec 2005 Levy County Lake Marion completed completed NA TBD Dec 2005

Polk County Lakes Bonnie completed completed NA Jan 2005 Mar 2005 Crooked completed completed NA Jan 2005 Mar 2005 Parker completed completed NA Jan 2005 Mar 2005 Sumter County Lakes Big Gant completed completed NA TBD Dec 2005 Deaton completed completed NA TBD Dec 2005 Miona completed completed NA TBD Dec 2005 Panasoffkee completed completed NA TBD Dec 2005 Okahumpka completed completed NA TBD Dec 2005

2006 Citrus County Lake Ft. Cooper Jun 2006 Aug 2006 NA TBD Dec 2006 Pasco County Lakes Crews Jun 2006 Aug 2006 NA TBD Dec 2006 Iola Jun 2006 Aug 2006 NA TBD Dec 2006 Jessimine Jun 2006 Aug 2006 NA TBD Dec 2006 King Jun 2006 Aug 2006 NA TBD Dec 2006 King (East) Jun 2006 Aug 2006 NA TBD Dec 2006 Linda completed completed NA NTB/Aug 2000 Dec 2005 Pasco Jun 2006 Aug 2006 NA TBD Dec 2006 Pierce Jun 2006 Aug 2006 NA TBD Dec 2006 Unnamed #22, aka Loyce Jun 2006 Aug 2006 NA TBD Dec 2006 Polk County Lakes Annie Jun 2006 Aug 2006 NA TBD Dec 2006 Dinner Jun 2006 Aug 2006 NA TBD Dec 2006 Hancock completed TBD NA Jan 2005 TBD Lee Jun 2006 Aug 2006 NA TBD Dec 2006 Mabel Jun 2006 Aug 2006 NA TBD Dec 2006 Starr Jun 2006 Aug 2006 NA TBD Dec 2006 Venus Jun 2006 Aug 2006 NA TBD Dec 2006

2007 Highlands County Lakes Angelo June 2007 Aug 2007 NA TBD Dec 2007 Anoka June 2007 Aug 2007 NA TBD Dec 2007 Denton June 2007 Aug 2007 NA TBD Dec 2007 Tulane June 2007 Aug 2007 NA TBD Dec 2007 Verona June 2007 Aug 2007 NA TBD Dec 2007 Hillsborough County Lakes Raleigh completed Oct 2006 Oct 2001 Aug 2000 Feb 2007 Rogers completed Oct 2006 Oct 2001 Aug 2000 Feb 2007 Starvation completed Oct 2006 Oct 2001 Aug 2000 Feb 2007

As of October 31, 2005 STRUCTURE OPERATIONS SECTION HYDROLOGIC REPORT November 7, 2005 ELEVATION CURRENT POSITION OF ELEVATION CURRENT POSITION OF STRUCTURE STRUCTURE DIFFERENCE LEVEL STRUCTURE DIFFERENCE LEVEL STRUCTURE FLINT CREEK 36.24 Gate 1 open 0.10'. FLORAL CITY POOL 41.10 Leslie Heifner fully open HIGH LEVEL 37.00 -0.76 HIGH LEVEL 42.50 -1.40 Floral City fully open MAXIMUM DESIRABLE 36.50 -0.26 All drop gates: 36.00' MSL MAXIMUM DESIRABLE 42.25 -1.15 Golf Course closed SCHEDULE 35.63 0.62 SCHEDULE 42.25 -1.15 Golf Course LOW LEVEL 34.50 1.74 invert 32.9' LOW LEVEL 40.25 0.85 invert 38.0' Moccasin slough closed

WHITE TROUT 34.99 CREST = 33.94' MSL INVERNESS POOL 39.50 Brogden Bridge closed HIGH LEVEL 36.50 -1.51 18" of stop log installed HIGH LEVEL 40.50 -1.00 MAXIMUM DESIRABLE 36.00 -1.01 MAXIMUM DESIRABLE 40.25 -0.75 Bryant Slough gates closed SCHEDULE 35.75 -0.76 SCHEDULE 40.25 -0.75 Brogden Bridge LOW LEVEL 34.00 0.99 invert 32.94' LOW LEVEL 38.25 1.25 invert 34.25'

LESLIE HEIFNER 41.56 Upstream (RIVER level) HERNANDO POOL (S353) 38.30 Van Ness closed HIGH LEVEL 42.50 -0.94 41.23 Downstream (POOL level) HIGH LEVEL 39.00 -0.70 S-353 S-353 gates closed MAXIMUM DESIRABLE 42.25 -0.69 Fully Open MAXIMUM DESIRABLE 38.75 -0.45 invert 36.5' SCHEDULE 42.25 -0.69 SCHEDULE 38.75 -0.45 LOW LEVEL 40.25 1.31 invert 35.0' LOW LEVEL36.75 1.55 Two Mile Prairie (max) 35.00 -4.08 30.92 STEMPER 60.84 Two 4" logs installed KEENE 62.26 Keene 1: 2-6" log HIGH LEVEL 62.00 -1.16 HIGH LEVEL 63.00 -0.74 Keene 2: One 6" log MAXIMUM DESIRABLE 61.25 -0.41 MAXIMUM DESIRABLE 62.50 -0.24 1-invert 61.5' Keene 3: no logs LOW LEVEL 59.50 1.34 invert 60.25' LOW LEVEL 60.50 1.76 2-invert 61.6' Sherry's Brook: 18" of Logs

HANNA 60.84 18" of stop log installed INGLIS 27.55 By-pass gates open 3.90' HIGH LEVEL 62.50 -1.66 HIGH LEVEL 28.00 -0.45 Main gates open 0.20'. MAXIMUM DESIRABLE 61.75 -0.91 MAXIMUM DESIRABLE 27.50 0.05 1982 cfs total discharge LOW LEVEL 59.50 1.34 invert 60.28' LOW LEVEL 26.50 1.05 invert 11.3'

TARPON (S551) 3.03 Main gates closed PARKER 130.78 Gate closed HIGH LEVEL 3.80 -0.77 All Drops at 3.0' HIGH LEVEL 131.00 -0.22 MAXIMUM DESIRABLE 3.20 -0.17 MAXIMUM DESIRABLE 130.75 0.03 LOW LEVEL 2.20 0.83 LOW LEVEL 128.75 2.03 invert 129.15'

ANNE PARKER 47.36 5-6" logs HANCOCK (P11) 99.06 Gauge at structure HIGH LEVEL 48.75 -1.39 HIGH LEVEL 99.00 0.06 98.99 Gauge on lake MAXIMUM DESIRABLE 48.25 -0.89 MAXIMUM DESIRABLE 98.50 0.56 Gates closed LOW LEVEL 45.75 1.61 invert 46.40' LOW LEVEL 96.00 3.06 invert 91.7'

KELL 65.44 Open HENRY (P5) 126.55 LRLMD HIGH LEVEL 66.00 -0.56 No logs HIGH LEVEL 126.50 0.05 MAXIMUM DESIRABLE 65.50 -0.06 MAXIMUM DESIRABLE 126.00 0.55 LOW LEVEL 63.50 1.94 invert 64.66' LOW LEVEL 124.00 2.55 invert 122.0'

KEYSTONE 40.43 Gates Closed SMART (P6) 128.72 LRLMD HIGH LEVEL 42.00 -1.57 HIGH LEVEL 128.75 -0.03 MAXIMUM DESIRABLE 41.75 -1.32 MAXIMUM DESIRABLE 128.50 0.22 LOW LEVEL 39.75 0.68 invert 37.2' LOW LEVEL 126.50 2.22 invert 127.2'

CRESCENT 41.41 Gate closed FANNIE (P7) 125.61 LRLMD HIGH LEVEL 42.50 -1.09 HIGH LEVEL 125.75 -0.14 MAXIMUM DESIRABLE 42.00 -0.59 MAXIMUM DESIRABLE 125.50 0.11 LOW LEVEL 40.00 1.41 invert 38.5' LOW LEVEL 123.50 2.11 invert 119.5'

ISLAND FORD 40.34 Gates closed HAMILTON (P8) 121.71 LRLMD HIGH LEVEL 41.50 -1.16 HIGH LEVEL 121.50 0.21 MAXIMUM DESIRABLE 41.00 -0.66 invert 35.0' MAXIMUM DESIRABLE 121.25 0.46 LOW LEVEL 39.00 1.34 crest 41.25' LOW LEVEL 119.00 2.71 invert 110.5'

PRETTY 44.37 Main gates closed LENA (P1) 135.75 Gates closed HIGH LEVEL 45.50 -1.13 Drops closed HIGH LEVEL 137.00 -1.25 MAXIMUM DESIRABLE 44.50 -0.13 MAXIMUM DESIRABLE 136.75 -1.00 LOW LEVEL 42.75 1.62 invert 38.0' LOW MANAGEMENT 134.50 1.25 invert 134.47'

MAGDALENE 48.80 Lake gauge JUNE-IN-WINTER (G90) 75.02 Gates closed HIGH LEVEL 50.00 -1.20 48.80 Structure gauge HIGH LEVEL 75.50 -0.48 Overflow at 74.40' MSL MAXIMUM DESIRABLE 49.50 -0.70 Gates closed MAXIMUM DESIRABLE 75.00 0.02 LOW MANAGEMENT 47.50 1.30 invert 45.6' LOW LEVEL 73.00 2.02 invert 65.37'

BAY 45.60 Gates closed ARIETTA (P3) 141.88 Gate closed HIGH LEVEL 46.75 -1.15 HIGH LEVEL 144.00 -2.12 MAXIMUM DESIRABLE 46.00 -0.40 MAXIMUM DESIRABLE 142.50 -0.62 LOW LEVEL 44.00 1.60 invert 44.0' LOW LEVEL 141.00 0.88 invert 137.4'

ELLEN-LIPSEY 40.46 Structure Gauge GIBSON 143.25 Gate closed HIGH LEVEL 41.50 -1.04 40.65 Lake Gauge HIGH LEVEL 143.50 -0.25 Stop log bays at 143.00' crest MAXIMUM DESIRABLE 41.00 -0.54 Gates closed MAXIMUM DESIRABLE 143.00 0.25 LOW LEVEL 39.00 1.46 invert 37.6' Drops: 40.62 - Stems 13.5" 141.50 1.75 invert 141.4'

CARROLL 36.08 24" of stop log installed LAKE BRADLEY HIGH LEVEL 37.00 -0.92 Maximum Desirable 42.50 -1.02 41.48 MAXIMUM DESIRABLE 36.50 -0.42 LAKE CONSUELLA LOW LEVEL 34.50 1.58 invert 34.17' Maximum Desirable 41.50 -0.94 40.56

ARMISTEAD 41.17 Open 1.0' PEACE RIVER Flood Stage HIGH LEVEL 44.00 -2.83 BARTOW 8.00 -1.09 6.91 MAXIMUM DESIRABLE 43.00 -1.83 ZOLFO SPRINGS 16.00 -5.46 10.54 LOW LEVEL 40.50 0.67 ARCADIA 11.00 -3.39 7.61

HILLSBOROUGH RIVER Flood Stage WITHLACOOCHEE R. Flood Stage MORRIS BRIDGE 32.00 -5.07 26.93 S-155 is open TRILBY 61.27 -2.63 58.64 FOWLER 29.00 -6.17 22.83 CROOM 47.94 -1.47 46.47 HOLDER 35.52 -4.69 30.83 CYPRESS CREEK Flood Stage Hwy. 48 41.73 WORTHINGTON GARDENS 8.00 -4.50 3.50 WYSONG-COOGLER UPSTREAM 39.50 0.06 39.56 Gates up MEDARD RESERVOIR Gate open 16" DOWNSTREAM 37.27 MAXIMUM DESIRABLE 60.00 -0.61 59.39 LAKE PANASOFFKEE 39.97 ALAFIA RIVER Flood Stage FLOOD STAGE 40.70 -0.73 LITHIA 13.00 -6.28 6.72 MYAKKA RIVER Flood Stage ANCLOTE RIVER Flood Stage MYAKKA STATE PARK 7.00 -0.85 6.15 ELFERS 20.00 -12.33 7.67 MANATEE RIVER Flood Stage LITTLE MANATEE RIVER Flood Stage MYAKKA HEAD 11.00 -7.21 3.79 WIMAUMA 11.00 -7.21 3.79 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

Water Surface Elevation Surface Water 2.00 141.00 Water Surface Elevation Surface Water 1.50 140.50 140.00 1.00 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 0.50 Daily Average Values 2005 Lake Surface Area = 480 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 Low Slab = 144.81' Structure Gauge Datum = 100.00' Daily Average Values 2005 Lake Surface Area =2,534 Lake Gauge Datum = 135.00 MSL SCADA Device # 6491 SCADA Device Number 2427

Lake Level Low Mgmt. Max. Desirable High Level 10 yr. Flood Lake Level Low Mgmt. Max. Desirable High Level 10 yr. Flood

Lake Thonotosassa Lake Anne Parker 49.50 39.50 39.00 49.00

38.50 48.50 38.00 48.00 37.50 47.50 37.00 36.50 47.00

36.00 46.50 35.50

Water Surface Elevation Surface Water 46.00 35.00 45.50 34.50 Above M.S.L. Elevation Surface Water 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-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Daily Average Values 2005 Daily Average Values 2005 Lake Surface Area = 93 Acres 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 Mgmt. Max. Desirable High Level Lake Schedule 10 yr. Flood Lake Level Low Mgmt. 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 62.00 61.50 61.00 61.00 60.50 60.50 60.00 Water Surface Elevation Surface Water 60.00 59.50 Water Surface Elevation Elevation Surface Water 59.50 59.00 59.00 58.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 Jul-05 Aug-05 Sep-05 Oct-05 Nov-05 Dec-05 Daily Average Values 2005 Daily Average Values 2005 Lake Surface Area = 29 Acres Low Slab = 63.68' Lake Surface Area = 31 Acres SCADA Device #7531 SCADA Device Number 7631 Lake Level Low Mgmt. Max. Desirable High Level 10 yr. Flood Lake Level Low Mgmt. Max. Desirable High Level 10 yr. Flood

Lake Kell Lake Stemper

67.50 63.00

67.00 62.50

66.50 62.00

66.00 61.50

65.50 61.00

65.00 60.50

64.50 60.00

64.00 Water Surface Elevation Surface Water 59.50 Water Surface Elevation 63.50 59.00 63.00 58.50 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 58.00 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Daily Average Values 2005 Lake Surface Area = 31 Acres Low Slab = 68.09' Daily Average Values 2005 Lake Surface Area = 58.32 Acres Structure Gauge Datum = 62.95' Low Slab = 63.70 Lake Gauge Datum = 54.45' MSL Lake Gauge Datum = 30.3 MSL SCADA #1981 SCADA Device # 2067 Level Low Mgmt Max. Desired High Level 10 Yr. Flood Lake Level Low Mgmt Max. Desirable High Level 10 yr. Flood Bay Lake Lake Carroll

48.0 38.50

47.5 38.00

47.0 37.50

46.5 37.00

46.0 36.50 45.5 36.00 45.0 35.50 44.5 35.00 Water Surface Elevation Surface Water Water Surface Elevation 44.0 34.50 43.5 34.00 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 33.50 Daily Average Values 2005 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Lake Surface area = 37 Acres Low Slab = 47.80' Daily Average Values 2005 Lake Surface Area = 188 Acres Structure Gauge Datum = Direct Read 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 Level Low Mgmt. Max. Desired High Level 10 yr. Flood Lake Level Low Mgmt Max. Desirable High Level 10 yr.Flood

Crescent Lake Lake Island Ford 43.00 44.50 44.00 42.50

43.50 42.00 43.00 41.50 42.50 42.00 41.00

41.50 40.50 41.00 40.00 40.50

40.00 Elevation Surface Water 39.50

Water Surface Elevation in Feet above (MSL) in Feet Elevation Surface Water 39.50 39.00 39.00 38.50 38.50 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 38.00 Daily Average Values 2005 Lake Surface Area = 50 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 Low Slab = 44.63' Daily Average Values 2005 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 Mgmt Max. Desired High Level 10 yr. Flood SCADA Device Number = 1667 WSE LOW MGMT MAX. DES. High Level 10 yr. Flood Lake Keystone Lakes Ellen and Lipsey

43.50 42.50 43.00 42.00 42.50 41.50 42.00 41.00 41.50

41.00 40.50

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 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 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 Daily Average Values 2005 Lake Surface Area = 388 Acres Low Slab = 43.53' Daily Average Values 2005 Lake Surface Area = 22 Acres Structure Gauge Datum = Direct Read Low Slab = 42.35' Lake Gauge Datum = Direct Read SCADA Device Number 1791 SCADA Device Number: 6161 Lake Level Low Mgmt. Max. Desirable High Level 10 yr. Flood Lipsey WSE Lake Ellen High Level Max. Des. Min. Flood

Lake Magdalene Lake Pretty 47.50

51.00 47.00

50.50 46.50 46.00 50.00 45.50 49.50 45.00 49.00 44.50

48.50 44.00

48.00 43.50 Water Surface Elevation Surface Water 43.00 47.50 Water Surface Elevation 42.50 47.00 42.00 46.50 41.50 46.00 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-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Daily Average Values 2005 Lake Surface Area = 184 Acres (Pretty, Rock, Josephine combined) Daily Average Values 2005 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 Mgmt Max. Desired High Level 10 yr. Flood Level Low Mgmt Max. Desired 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-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Daily Average Values 2005 Lake Surface Area = 75 Acres Daily Average Values 2005 Low Slab = 39.41' Lake Surface Area = 903 Acres Structure Gauge Datum = 33.38' Low Slab = 131.61 Lake Gauge Datum = 19.98' MSL SCADA Device Number 6181 Level Low Mgmt Max. Desired High Level 10 yr. Flood Schedule Lake Level Low Mgmt. Max. Desirable High Level

Lake Rousseau Lake Arietta (P-3)

29.50 144.50

29.00 144.00

28.50 143.50

28.00 143.00

27.50 142.50

27.00 142.00

26.50 141.50

26.00 141.00 Water Surface Elevation Water Surface Elevation Surface Water 25.50 140.50

25.00 140.00

24.50 139.50 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-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Daily Average Values 2005 Lake Surface Area = 3657 Acres Daily Average Values 2005 Lake Surface Area = 758 Acres Structure Gauge Datum = 10.00 Lake Gauge Datum = 100.00' SCADA Device Number 6137 SCADA Device Number 7431

Lake Level Low Mgmt. Max. Desirable High Level Hernando Pool Inverness Pool

40.50 42.00

40.00 41.50

39.50 41.00

39.00 40.50

38.50 40.00

38.00 39.50

37.50 39.00

37.00 38.50 Water Surface Elevation Surface Water Water Surface Elevation Surface Water 36.50 38.00

36.00 37.50

35.50 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-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Daily Average Values 2005 Lake Surface Area = 6200 Acres Daily Average Values 2005 Lake Surface Area = 8000 Acres Low Slab = 40.47' Low Slab = 42.54' Structure Gauge Datum = Direct Read Structure Gauge Datum = Direct Read Lake Gauge Datum = Direct Read Lake Gauge Datum = Direct Read Lake Level Low Mgmt. Max. Desirable SCADA # 2047 SCADA # 2027 High Level 10 yr. Flood Lake Schedule Level Low Mgmt Max. Desirable High Level 10 Yr. Flood Schedule

Leslie Heifner Floral City Pool

45.00 43.50

44.50 43.00 44.00 42.50 43.50 42.00 43.00 42.50 41.50

42.00 41.00 41.50 M.S.L. 40.50 41.00 40.00 40.50

Water Surface Elevation Surface Water 39.50 40.00 39.50 39.00

Water Surface Elevation in Elevation Feet Above Surface Water 39.00 38.50 38.50 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-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Daily Average Values 2005 Daily Average Values 2005 Lake Surface Area = 9100 Acres Lake Surface Area = 37 Acres Low Slab = 44.10' Low Slab = 47.80' Structure Gauge Datum = Direct Read SCADA Device #6767 & #6766 Lake Gauge Datum = Direct Read Upstream Level Downsream Level Low Mgmt. SCADA #2007 Level Low Mgmt Max. Desired High Level 10 Yr. Flood Schedule Max.Desirable High Level Lake Schedule Lake Fannie (P-7) Lake Hamilton (P8)

128.00 124.50

127.50 124.00 123.50 127.00 123.00 126.50 122.50 126.00 122.00 125.50 121.50

125.00 121.00

124.50 120.50 Water Surface Elevation Water Surface Elevation Surface Water 120.00 124.00 119.50 123.50 119.00 123.00 118.50 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-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Daily Average Values 2005 Lake Surface Area = 833 Acres Daily Average Values 2005 Low Slab = 127.60' Lake Surface Area = 2,640 Acres Lake Gauge Datum = 120.36 MSL Lake Gauge Datum = 115.00' SCADA Device #2187 SCADA Device Number = 1747 Lake Level Low Mgmt. Max. Desirable High Level 10 Yr. Flood Level Max. Desired Low Mgmt High Level 10 Yr. Flood

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 99.00 125.50 98.50 98.00 125.00 97.50 124.50 97.00 Water Surface Elevation Surface Water Water Surface Elevation 96.50 124.00 96.00 123.50 95.50 95.00 123.00 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-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Daily Average Values 2005 Daily Average Values 2005 Lake Surface Area = 4,541 Acres Lake Surface Area = 861 Acres Lake Gauge Datum = 92.78' MSL Structure Gauge Datum = 100.00' MSL Structure Gauge Datum = 84.08' S.R. Gauge Datum = 120.00' MSL Gauge at Structure Lake Level Low Mgmt. SCADA Device Number = 1767 & 4087 SCADA Device Number 1807 Max Desirable High Level 10 yr. Flood Level Low Mgmt. Max. Desired 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 74.50 135.50 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-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Daily Average Values 2005 Daily Average Values 2005 Lake Surface Area = 3,504 Acres 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 Mgmt. Max. Desirable High Level 10 yr. Flood Lake Level Low Mgmt. Max. Desirable High Level 10 yr. Flood

Lake Parker Lake Smart (P-6)

133.00 130.50

132.50 130.00

132.00 129.50

131.50 129.00

131.00 128.50

130.50 128.00

130.00 127.50

129.50 127.00 Water Surface Elevation Surface Water Water Surface Elevation 129.00 126.50 126.00 128.50 125.50 128.00 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-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec Daily Average Values 2005 Daily Average Values 2005 Lake Surface Area = 1,820 Acres 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 Lake Level Low Mgmt. Max. Desirable High Level 10 yr. Flood SCADA Device Number 7721 Lake Level Low Mgmt Max. desirable High Level 10 Yr. Flood Governing Board Meeting November 30, 2005

Finance and Administration Committee

Consent Items

27. Approval of Minutes - October 25, 2005 Committee ...... 2

28. Consent Transfer Report ...... 2

29. Board Travel ...... 2

Discusssion Items

30. Fiscal Year 2007 Budget Development Process ...... 2

31. October 2005 Interim Report on Workforce and Vendor Diversity ...... 3

32. Mileage Reimbursement ...... 3

Routine Reports

33. Tampa Service Office Construction Project Update ...... 3

34. Treasurer's Report, Payment Register for Accounts Payable, and Contingency Reserves Report ...... 4

35. Litigation Report – Non-Regulatory Issues ...... 4

36. January Committee Meeting Agenda ...... 4 Finance and Administration - 2 - August 30, 2005 Committee Summary

Consent Items

27. September 27, 2005 Committee Minutes

Staff Recommendation: See Exhibit 27

Approval of the minutes as presented.

28. Consent Transfer Report

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

Staff Recommendation: See Exhibit 28

Committee recommend approval to the Governing Board.

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

29. 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 November 16, 2005, no travel outside the geographic boundaries of the District is scheduled.

Staff Recommendation:

This item is provided for the Committee’s information, and no action is required.

Presenter: Lou Kavouras, Director, Boards and Executive Services

Discusssion Items

30. Fiscal Year 2007 Budget Development Process

Purpose Review and acceptance of the fiscal year (FY) 2007 Budget Development Process establishing budget strategic priorities and general preparation assumptions. Finance and Administration - 3 - August 30, 2005 Committee Summary

Background District staff will begin the FY2007 budget development process in January. A memorandum with attachments has been prepared for Governing Board review that provides an overview of the planned budget development process, consistent with the objectives of the Executive Office of the Governor. The attachments include the budget calendar, draft Budget Strategic Priorities, Governor's letter to the District dated September 13, 2005, and general preparation assumptions.

Benefits The Budget Development Process memorandum with attachments provides staff with guidance from the Governing Board for the development of the next fiscal year budget.

Staff Recommendation: See Exhibit 30

Accept the planned FY2007 Budget Development Process as described in the memorandum and attachments, subject to the Governing Board's approval of the 2006 Strategic Plan including strategic priorities for FY2007.

Presenter: Linda R. Pilcher, Assistant Director, Finance Department Eugene A. Schiller, Deputy Executive Director

31. October 2005 Interim Report on Workforce and Vendor Diversity

This quarterly newsletter, Ripples, updates the key statistics and information contained in the annual Workforce and Vendor Diversity Report for the Governing Board and Basin Board members.

Staff Recommendation: See Exhibit 31

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

Presenter: Elaine M. Kuligofski, Director, Human Resources Department

32. Mileage Reimbursement

Last month, Committee members raised the issue of indexing mileage reimbursement. Staff will be bringing information back to the Committee.

Staff Recommendation:

This item is presented for the Committee’s information.

Presenter: Eugene A. Schiller, Deputy Executive Director

Routine Reports

33. Tampa Service Office Construction Project Update

This item is to keep the Board advised of the progress/status of the Tampa Service Office Construction Project. On a monthly basis, a written summary report of the accomplishments of the previous month will be included along with a schedule for the project. Critical decision points to monitor the schedule will be highlighted, and photo update will be available. Finance and Administration - 4 - August 30, 2005 Committee Summary

Staff Recommendation: See Exhibit 33

This item is provided for the Committee's information only, and no action is required.

Presenter: Eugene A. Schiller, Deputy Executive Director Lloyd A. Roberts, Director, General Services Department

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

In accordance with Board Policy No. 130-3, a monthly report on investments shall be provided to the Governing Board. Attached is a copy of the Treasurer's Report as of October 31, 2005, which reflects total cash and investments at a market value of $316,227,561. In accordance with Board Policy No. 130-1, all general checks written during a period shall be reported to the Governing Board at its next regular meeting. The Payment Register for Accounts Payable listing disbursements since last month's report is available upon request. The Payment Register includes checks and electronic funds transfers (EFTs).

The FY2006 Contingency Reserves Report (District only) follows:

ORIGINAL BUDGET AMOUNT: $4,577,652 Date of

Less Approved Transfers Board Action No transfers have been made to date this fiscal year.

BALANCE: $4,577,652

Staff Recommendation: See Exhibit 34

These items are provided for the Committee's information, and no action is required.

Presenter: Daryl F. Pokrana, Director, Finance Department

35. Litigation Report – Non-Regulatory Issues

This is the monthly updated Non-Regulatory Issues Litigation Report.

Staff Recommendation: See Exhibit 35

These items are provided for the Committee's information, and no action is required.

Presenter: William S. Bilenky, General Counsel

36. January Committee Meeting Agenda

MINUTES OF THE MEETING

Finance and Administration Committee Governing Board Southwest Florida Water Management District

Brooksville, Florida October 25, 2005

The Finance and Administration Committee of the Governing Board of the Southwest Florida Water Management District met at 10:46 a.m. on October 25, 2005, at District headquarters in Brooksville. The following persons were present:

Committee Members Present Staff Members Judith C. Whitehead, Chair David L. Moore Lloyd A. Roberts Patsy C. Symons, Vice Chair Gene A. Heath Linda R. Pilcher Jennifer E. Closshey, Member William S. Bilenky Granville Kinsman Neil Combee, Member John W. Heuer Robert Dunne Thomas G. Dabney, Member Kurt P. Fritsch Julie Pickard BJ Jarvis Deanna Naugler Committee Members Absent Gregg W. Jones None Elaine Kuligofski Other(s) Alba E. Más Cara Martin, FFB Recording Secretary Daryl F. Pokrana C. LuAnne Stout Terry L. Redman

Chair Whitehead called the meeting to order and noted that a quorum was present.

Consent Items

29. September 27, 2005 Committee Minutes Staff recommended approval of the minutes.

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

31. 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 Minutes of the Meeting October 25, 2005 Governing Board Finance and Administration Committee Page 2 of 6

Governing Board Chair, or in her absence, the Vice Chair. As of October 12, 2005, the following travel outside the geographic boundaries of the District is scheduled:

Name Estimated Cost Purpose 2005 Community Water Leadership $700; travel costs include Program; September 16 and 30, Jennifer E. Closshey registration and mileage. October 7 and 21, November 4 and 18, 2005; Tampa $700; travel costs include 2005 Minority/Women Business Watson L. Haynes II registration, mileage, Matchmaker and Expo; November 16-18, meals and lodging. 2005; Orlando Greenways and Trails Council Meeting; Janet D. Kovach Expenses included with PLAM November 17, 2005; Hutchinson Island, Heidi B. McCree conference. Stuart Neil Combee Janet D. Kovach $440-650; travel costs include Public Land Acquisition and Management Heidi B. McCree registration, mileage, (PLAM) Conference; November 17-19, T. G. “Jerry” Rice meals and lodging. 2005; Hutchinson Island, Stuart Patsy C. Symons

Mr. Combee is not planning to attend the PLAM Conference. Staff recommended to approve travel as designated above.

32. WateReuse Foundation Studies

a. Reclaimed, Surface and Ground-water Quality Staff requested approval to amend the Agreement with the WateReuse Foundation for the WateReuse Foundation Study of Reclaimed, Surface and Ground-water Quality (P872-H) to expand the scope and budget with the transfer of $45,000 from the General Fund's Water Supply and Resource Development (WSRD) reserves related to adding the City of Bradenton to the list of study participants, and to grant a one-year time extension necessary to complete the study. This amendment increases the District's costs from $200,000 to $245,000.

The WateReuse Foundation Study of Reclaimed, Surface and Ground-water Quality (P872-H) is an ongoing water quality study that is investigating and documenting the water quality differences of three types of water: (1) surface and ground waters that receive no direct influence from treated municipal wastewater and/or reclaimed water discharges, (2) surface and ground waters that are known to be influenced by treated municipal wastewater and/or reclaimed water discharges, and (3) reclaimed water. The study will analyze several representative waters within Hillsborough, Manatee, Pasco and Pinellas counties. Comparative samples will also be taken in south Florida, Texas, California or other states, but District funds will not be used for sampling outside of District boundaries. Sampling will target a representative set of biological and chemical constituents that may include Cryptosporidium, Giardia, NDMA, endocrine disrupters, pharmaceuticals, metals, personal care products, natural and synthetic hormones, and other micro-constituents. To the extent possible, temporal variation will be captured by the sampling regimen. A literature search is being conducted to identify relevant studies for the purpose of designing the sampling regimen and for selecting constituents to sample. A project advisory committee, including technical experts, has been formed to provide oversight of the research project through its completion.

Minutes of the Meeting October 25, 2005 Governing Board Finance and Administration Committee Page 3 of 6

Staff recommended the Governing Board approve the transfer of $45,000 from General Fund's WSRD reserves to the WateReuse Foundation Study of Reclaimed, Surface, and Ground-water Quality (P872-H); approve the amendment with the WateReuse Foundation for an eligible project cost of $445,000, with the District’s share not to exceed $245,000, approval contingent on the approval by the Resource Management and Development Committee; and authorize the Executive Director to execute the amendment.

b. Innovative Reverse Osmosis (RO), Electron Beam (EB) and Ultraviolet (UV) Light Reclaimed Water Treatment Technologies Staff requests approval to amend the Agreement with the WateReuse Foundation for the WateReuse Foundation Study of Innovative RO, EB and UV Reclaimed Water Treatment Technologies (L112) to expand the scope and budget with the transfer of $75,000 from the General Fund's Water Supply and Resource Development (WSRD) reserves related to adding the City of Bradenton to the list of study participants, and to grant a one-year time extension necessary to complete the study. This amendment increases the District's costs from $200,000 to $275,000.

The WateReuse Foundation Study of Innovative RO, EB and UV Reclaimed Water Treatment Technologies (L112) is an ongoing water quality study to investigate the effectiveness of various innovative treatment methods to inactivate, remove or destroy a variety of biological and chemical constituents that may be present in reclaimed water. The study involves bench scale testing of innovative treatments including reverse osmosis (RO), ultraviolet (UV) light, electron beam (EB) and other advanced oxidation technologies to treat reclaimed water from several reclaimed water systems within the District. The study will analyze several representative reclaimed waters within Hillsborough, Manatee, Pasco, Pinellas and Sarasota counties. Comparative samples will also be taken in south Florida, Texas, California or other states, but District funds will not be used for sampling outside of District boundaries. Sampling will target a representative set of biological and chemical constituents that may include Cryptosporidium, Giardia, NDMA, endocrine disrupters, pharmaceuticals, metals, personal care products, natural and synthetic hormones, and other micro-constituents. To the extent possible, temporal variation will be captured by the sampling regimen. A literature search is being conducted to identify relevant studies for the purpose of designing the sampling regimen and for selecting constituents to sample. A project advisory committee, including technical experts, has been formed to provide oversight of the research project through its completion.

Staff recommended the Governing Board approve the transfer of $75,000 from the General Fund's WSRD reserves to the WateReuse Foundation Study of Innovative RO, EB, and UV Reclaimed Water Treatment Technologies (L112); approve the amendment with the WateReuse Foundation for an eligible project cost of $475,000, with the District’s share not to exceed $275,000, approval contingent on the approval by the Resource Management and Development Committee; and authorize the Executive Director to sign the amendment.

Following consideration, Mr. Dabney moved, seconded by Ms. Closshey, to approve Consent Items 29 through 32 as presented. Motion carried unanimously. (Track 1 - 00:00-01:14)

Minutes of the Meeting October 25, 2005 Governing Board Finance and Administration Committee Page 4 of 6

Discussion Items

33. Water Management Information System Initiative Six-Month Update Mr. Terry Redman, Information Resources Department Director, noted that approval was obtained on April 26, 2005 for the development of the Water Management Information System (WMIS), a key component of its annual Five-Year Technology Plan update. This system is the major strategic system identified in the Information Resources Department FY2006– FY2010 Five-Year Plan. The WMIS integrates existing database systems, and creates a simplified user access to all District data and improve data visibility, data access and data analysis. The Plan includes six-month updates to the Finance and Administration Committee regarding the progress of this strategic system development timeline, tasks and budget. Mr. Redman reported that (1) the WMIS project is on time, within budget, and the project plan work schedule is in place; (2) District staff involvement is extensive; and (3) industry standard project management, performance monitoring, and application development methodologies are in use. This item was presented for the Committee’s information, and no action was required.

Mr. Dabney suggested and the Committee agreed that future update reports also track coordination activities with St. Johns River and South Florida Water Management Districts. (Track 2 - 00:00-24:00)

34. Inspector General's Update

a. Office of Inspector General Annual Report In accordance with Governing Board Policy 140-1 and Section 20.055, Florida Statutes, the Inspector General must submit an annual report to the District Governing Board that summarizes the projects and activities undertaken by the District's Office of Inspector General during the previous fiscal year. Mr. Kurt Fritsch, Inspector General, noted that the report also contains the office's final planned to actual hours report and final performance measures report. A copy of the report was provided in the Board packet.

Ms. Closshey suggested that the Governing Board recognize the positive payback as a result of the efforts of the Inspector General as shown in the annual report related to the Information Resources Department Organizational Study: “Successful transition (mainframe to network system environment) should generate $900,000 of salaried benefits savings annually (hard dollars by 2010) and an approximately $1.7 million in annual productivity gains (soft dollars by 2010) when compared to continued operations under the existing mainframe system.”

Staff recommended that the Governing Board accept this report. Following consideration, Ms. Closshey moved, seconded by Mr. Dabney, to recommend approval of the Office of Inspector General Annual Report to the Governing Board. Motion carried unanimously. (Track 3 - 00:00-56:00)

b. Proposed Fiscal Year 2006 Audit Plan In accordance with Governing Board Policy 140-1 and Section 20.055, Florida Statutes, the Office of Inspector General has prepared a Fiscal Year 2006 Audit Plan for the period October 1, 2005 through September 30, 2006. Mr. Kurt Fritsch, Inspector General, noted that the plan is prepared based on the results of an annual risk assessment, and summarizes the office's planned activities for fiscal year 2006. The plan details individual audits, services, administrative responsibilities, and provides associated cost estimates.

Minutes of the Meeting October 25, 2005 Governing Board Finance and Administration Committee Page 5 of 6

In the cover memorandum to the plan, the Inspector General describes specific audit and/or service objectives for each major project, along with the slides presented during the meeting.

The Committee members discussed the flexibility required by the Inspector General during execution of the audit plan in order to accommodate higher priority requests during the year. The Committee requested that the Inspector General provide an update at six- months to encompass additional audit activities requiring revision of the annual audit plan. Staff recommended the Governing Board accept the Inspector General Proposed FY2006 Audit Plan. Following consideration, Mr. Combee moved, seconded by Ms. Closshey, to recommend approval of the Office of Inspector General Audit Report to the Governing Board. Motion carried unanimously. (Track 4 – 00:00- 21:18)

Routine Reports

35. Employee Service Recognition This quarterly report makes the Committee aware of employees who have reached five-year increments in service to the District. The District as a whole, as well as each employee’s department, acknowledges and celebrates these milestones and the significant individual contributions they represent to the achievement of the District’s mission. This item was presented for the Committee’s information, and no action was required.

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

37. Treasurer's Report, Payment Register for Accounts Payable, and Contingency Reserves Report In accordance with Board Policy No. 130-3, a monthly report on investments shall be provided to the Governing Board. A copy of the Treasurer's Report as of September 30, 2005, which reflects total cash and investments at a market value of $323,589,115 was provided to the Board. In accordance with Board Policy No. 130-1, all general checks written during a period shall be reported to the Governing Board at its next regular meeting. The Payment Register for Accounts Payable listing disbursements since last month's report is available upon request. The Payment Register includes checks and electronic funds transfers (EFTs). The final FY2005 Contingency Reserves Report (District only) follows:

ORIGINAL BUDGET AMOUNT: $4,577,652 Date of Less Approved Transfers Board Action Hurricane debris cleanup projects in Flint Creek and 448,230 December 14, 2004 Peace River Hurricane debris cleanup projects in Peace Creek Drainage Canal, Alafia River, Peace River tributaries, 1,600,000 January 25, 2005 Shell and Prairie Creeks, and Alligator Creek Brooksville Building #4 Roof Replacement Project 264,800 March 29, 2005

BALANCE: $2,264,622

Minutes of the Meeting October 25, 2005 Governing Board Finance and Administration Committee Page 6 of 6

Effective October 1, 2005, the approved FY2006 contingency reserves budget is $4,577,652. The FY2006 contingency reserves balance will be reflected on the report next month, November 2005. These items were presented for the Committee's information, and no action was required.

38. November/December Committee Meeting Agenda • Approval of the Minutes of the Committee Meeting of October 25, 2005 • Fiscal Year 2007 Budget Development Process • Routine Reports Quarterly Diversity Report Tampa Service Office Construction Project Update Treasurer's Report, Payment Register for Accounts Payable, and Contingency Reserves Report • Development of the January Committee Meeting Agenda

Other Mr. Combee requested that the Committee recommend the Governing Board take action in support of increasing mileage reimbursement. Mr. Dabney suggested indexing a rate during these extraordinary times since the state rate remains at $.29 and the IRS has increased the business mileage reimbursement rate through the end of the calendar year to $.485. It was the Committee’s consensus that support be conveyed for increasing mileage reimbursement rates due to today’s cost of gasoline at the next joint meeting (November 4) of the Water Management District Chairs and Executive Directors, the Florida Department of Environmental Protection Secretary, and Governor Bush’s Office.

There being no further business, the meeting was adjourned at 12:10 p.m. (Track 5 – 00:00-06:37)

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Consent Transfer Report Month Ended October 31, 2005

--- TRANSFERRED FROM ------TRANSFERRED TO --- Item Department / Department / Transfer No. Expenditure Category Expenditure Category Reason For Transfer Amount Basin Board Approved Manasota Basin (FY2005): 1 5Resource Management 9Non-Departmental Transfer of budgeted funds to the appropriate project code for the Surface Water $ 1,000,000 8101 Grant - Financial Assistance 9101 Transfers Out - SWIM Improvement and Management (SWIM) Catfish Creek Regional Stormwater Facility project.

Peace River Basin (FY2005): 2 5Resource Conservation & Dev 5Resource Conservation & Dev Transfer of budgeted funds to the appropriate project code for Facilitating Agricultural 20,193 8107 Grant - Agriculture 8107 Grant - Agriculture Resource Management Systems (FARMS), Mosaic Fertilizer, L.L.C. project. Peace River Basin (FY2006): 3 5Resource Conservation & Dev 5Resource Conservation & Dev Transfer of additional budgeted funds to the appropriate project code for FARMS, Mosaic 1,972 8107 Grant - Agriculture 8107 Grant - Agriculture Fertilizer, L.L.C. project. Total Basin Board Approved $ 1,022,165 Executive Director Approved - General Fund (FY2005) 1 6Operations 6Operations Transfer of unused funds originally budgeted for the SCADA system. Expenditures have $ 25,000 3401 Other Contractual Services 5201 Parts and Supplies been less than budgeted. The funds were required for additional parts and supplies that were not anticipated.

2 4Technical Services 4Technical Services Transfer of unused funds originally budgeted for consultant services. Expenditures have 6,000 3111 Consultant Services 4002 Travel - Staff Duties been less than budgeted. The funds were needed for Environmental Resource Permitting staff travel. Executive Director Approved - Hillsborough River Basin (FY2005) 3 7Land Resources 7Land Resources Transfer of funds originally budgeted for recreation equipment. Expenditures have been 4,650 6104 Appraisal Serv-Land Acquisition 3405 Security Services less than budgeted. The funds were required for continued security at Cypress Creek. 5222 Equipment-Recreation-Non Cap Executive Director Approved - Peace River Basin (FY2006) 4 7Land Resources 7Land Resources Transfer of funds originally budgeted for rental of two portalets at RV Griffin Reserve. Only 595 4404 Rental of Other Equipment 4404 Rental of Other Equipment one portalet was required. The funds were needed for rental of an ADA accessible portalet at Deep Creek. Executive Director Approved - Withlacoochee River Basin (FY2006) 5 7Land Resources 7Land Resources Transfer of funds originally budgeted for contractual services to write a management plan for 1,220 3401 Other Contractual Services 4404 Rental of Other Equipment the Panasoffkee Outlet. The plan will be written in-house. The funds were required to rent a 4901 Advertising and Public Notices dumpster for Lake Panasoffkee campground and to advertise the Flying Eagle Boy Scout property for lease, highest and best use.

Total Executive Director Approved $ 37,465 Finance Director Approved (FY2005) 1 5Resource Conservation & Dev 5Resource Conservation & Dev Transfer of budgeted funds to the appropriate project code for the FARMS, Mosaic $ 6,731 8107 Grant - Agriculture 8107 Grant - Agriculture Fertilizer, L.L.C. project. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Consent Transfer Report Month Ended October 31, 2005

--- TRANSFERRED FROM ------TRANSFERRED TO --- Item Department / Department / Transfer No. Expenditure Category Expenditure Category Reason For Transfer Amount 2 5Resource Conservation & Dev 5Resource Conservation & Dev Transfer of budgeted funds to the appropriate project codes for the FARMS, Lykes Bros. 44,262 8107 Grant - Agriculture 8107 Grant - Agriculture Project, to correct a May 2005 transfer consistent with budgeting of outside revenue. (FARMS project approved by Peace River Basin and Governing Board in February 2005.)

3 4Technical Services 4Technical Services Transfer of budgeted funds from the Florida Department of Transportation (FDOT) 2,923 3431 Contracted Construction 1201 Regular Salaries and Wages Mitigation general budget appropriation for salaries in support of FDOT program. 4 6Operations 4Technical Services Transfer of unused budgeted funds to the FDOT Mitigation general budget appropriation for 29,333 1201 Regular Salaries and Wages 3431 Contracted Construction allocation to future FDOT mitigation projects. 5 5Resource Management 4Technical Services Transfer of unused budgeted funds to the FDOT Mitigation general budget appropriation for 100,003 3431 Contracted Construction 3431 Contracted Construction allocation to future FDOT mitigation projects. 6 4Technical Services 5Resource Management Transfer of budgeted funds from the FDOT Mitigation general budget appropriation for 2,509 3431 Contracted Construction 1201 Regular Salaries and Wages salaries in support of FDOT program. 7 4Technical Services 6Operations Transfer of budgeted funds from the FDOT Mitigation general budget appropriation for 719 3431 Contracted Construction 1201 Regular Salaries and Wages salaries in support of FDOT program. 8 6Operations 4Technical Services Transfer of unused budgeted funds to the FDOT Mitigation general budget appropriation for 10,000 1201 Regular Salaries and Wages 3431 Contracted Construction allocation to future FDOT mitigation projects. 1401 Overtime 9 4Technical Services 4Technical Services Transfer of unused budgeted funds to the FDOT Mitigation general budget appropriation for 18,022 1201 Regular Salaries and Wages 3431 Contracted Construction allocation to future FDOT mitigation projects. Finance Director Approved (FY2006) 10 5Resource Management 0Planning Transfer of budgeted funds to the appropriate department for the Greenways Ecosystem 33,218 4002 Travel - Staff Duties 4002 Travel - Staff Duties Management - Hillsborough/Pasco project. 4405 Central Garage Charges 4405 Central Garage Charges 8101 Grant - Financial Assistance 8101 Grant - Financial Assistance

11 4Records and Data 0Information Resources Transfer of budgeted funds to the appropriate department for continued implementation of 261,000 3111 Consultant Services rip6 Reg Imag Prj Oth Contract Serv the Water Management Information System (WMIS) Electronic Document Management System component.

12 0Planning 0Planning Transfer of budgeted salary funds to the appropriate project code for the Greenways 4,510 1201 Regular Salaries and Wages 1201 Regular Salaries and Wages Ecosystem Management - Hillsborough/Pasco project. 2101 FICA 2101 FICA 2201 Retirement 2201 Retirement 2301 Group Insurance 2301 Group Insurance

13 5Resource Conservation & Dev 5Resource Management Transfer of budgeted funds to the appropriate department for the Upper Withlacoochee 140,000 3111 Consultant Services 3111 Consultant Services River and Chassahowitzka River Minimum Flows and Levels topographic mapping project. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Consent Transfer Report Month Ended October 31, 2005

--- TRANSFERRED FROM ------TRANSFERRED TO --- Item Department / Department / Transfer No. Expenditure Category Expenditure Category Reason For Transfer Amount 14 5Resource Conservation & Dev 5Resource Conservation & Dev Transfer of budgeted funds to the appropriate section for borehole geophysical data 25,000 3411 Cooperative Program - USGS 3411 Cooperative Program - USGS collection from wells to assess zones of permeability in the intermediate and Floridan aquifer systems. 15 5Resource Management 6Operations Transfer of budgeted funds to the appropriate department for nuisance plant control at Lake 5,500 3111 Consultant Services 4405 Central Garage Charges Thonotosassa SWIM marsh restoration site. 5203 Chemical Supplies 1201 Regular Salaries and Wages

16 5Resource Management 0Information Resources Transfer of budgeted funds to the appropriate department for the purchase of software that 220,800 3421 Software WMS1 WMIS Software will be used to transfer data between the new WMIS and the existing IBM Enterprise Server 3422 Software Maintenance systems.

17 5Resource Management 0Information Resources Transfer of budgeted funds to the appropriate department for the continued implementation 387,904 3111 Consultant Services LRS6 LaRIS Contractual Service of the Land Resources Information System (LaRIS) project. 18 5Resource Management 0Information Resources Transfer of budgeted funds to the appropriate department for supplemental staffing for 270,000 3401 Other Contractual Services CON6 WMIS Contractual Services support of existing systems during WMIS development.

19 5Resource Management 0Information Resources Transfer of budgeted funds to the appropriate department for the continued implementation 500,000 3401 Other Contractual Services DIP6 Data Integration Proj.-Contract of the WMIS Data Integration Project. 20 4Records and Data 0Information Resources Transfer of budgeted funds to the appropriate department for the continued implementation 1,267,100 3401 Other Contractual Services WMS6 WMIS Contractual Services of the WMIS.

21 5Resource Management 5Resource Management Transfer of budgeted funds to the appropriate expenditure category to perform elements of 250,000 8101 Grant - Financial Assistance 3111 Consultant Services the Gamble Creek Watershed Management Program. 22 0Information Resources 0Information Resources Transfer of budgeted funds to the appropriate expenditure category for software 8,200 4601 Maint/Repair Equipment 3422 Software Maintenance maintenance for the Hewlett Packard servers. 23 5Resource Conservation & Dev 5Resource Conservation & Dev Transfer of additional budgeted funds to the appropriate project code for FARMS, Mosaic 657 8107 Grant - Agriculture 8107 Grant - Agriculture Fertilizer, L.L.C. project. Total Finance Director Approved $ 3,588,391

Total Transfers for Governing Board Approval$ 4,648,021

------This report identifies transfers made during the month that did not require advance Governing Board approval. These transfers have been approved by either the Basin Boards, Executive Director, or Finance Director consistent with Board Policy number 130-8, and are presented for Governing Board approval on the consent agenda. All Basin transfers are made based on Basin Board authority and are presented to the Governing Board via this report for ratification or approval. Executive Director approved transfers are made for a purpose other than the original budget intent, but are limited to individual transfer amounts of $50,000 or less. Finance Director approved transfers are accounting type transfers with no change to the original budget intent. November 9, 2005

MEMORANDUM

TO: Governing Board Members THROUGH: David L. Moore, Executive Director fir,\ FROM: Eugene A. Schiller, Deputy Executiv Daryl F. Pokrana, Finance Linda R. Pilcher, Assistant

SUBJECT: Fiscal Year 2007 Budget Development Process

This memorandum and attachments provide an overview of the District's planned fiscal year (FY) 2007 budget development process. The District's process is consistent with the objectives of the Executive Office of the Governor (EOG). The following are provided for your review and acceptance to enable staff to proceed with development of the draft budget:

Budget Calendar: The calendar on page 2 illustrates the District's budget development process for FY2007, including the statutory notice and hearing requirements for TRIM and the EOG's standard reporting process for water management districts. The process starts in January 2006 with the distribution of budget preparation guidelines to the departments.

Budget Strategic Priorities: Page 3 is the list of proposed budget strategic priorities for FY2007. The strategic priorities have been excerpted from the District's Strategic Plan that is being presented for Governing Board approval on November 30. The strategic priorities provide focus for departments to identify the budgetary requirements necessary to carry out District programs. These priorities are consistent with the Governor's letter dated September 13, 2005, which is attached for reference (page 7).

General Budget Preparation Assumptions: Pages 4 and 5 provide the general budget preparation assumptions needed to start the development of the FY2007 budget.

Program and Activity Allocations Report: Page 6 is the Program and Activity Allocations report, which is a standard format required by the EOG as part of the August 1 tentative budget submission by the water management districts. This report displays the District's FY2006 budget according to the six statutorily defined program areas and the underlying program activities. The program budgets are then allocated into the District's four statutorily established areas of responsibility: Water Supply, Water Quality, Flood Protection, and Natural Systems. The Program and Activity Allocations report may be modified during the development process as a result of additional meetings among the water management districts, EOG and the Department of Environmental Protection.

LRP:jlm Attachments (5) cc: Judith C. Whitehead, Treasurer Senior Staff Budget Staff Department Budget Contacts 2 D R A F T

Southwest Florida Water Management District Fiscal Year 2007 Budget Strategic Priorities

The District Governing Board, in its annual planning and budgeting processes, establishes budget strategic priorities to anticipate and respond to changing resource management needs. The following recommended FY2007 budget strategic priorities are included in the District's 2006 Strategic Plan that is being presented for Governing Board approval on November 30, 2005, Exhibit 92.

• Meeting Present and Future Water Supply Needs ○ Regional Water Supply Planning ○ Northern Tampa Bay Resource Recovery and Development ○ Southern Water Use Caution Area

• Establishment of Minimum Flows and Levels (MFLs)

• Comprehensive Watershed Management

• Flood Protection and Emergency Management

• Resource Management through Regulation

• Land Stewardship

• Mission Support

3 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Fiscal Year 2007 General Budget Preparation Assumptions

Revenues

• Millage levels to remain constant with additional funds to be directed for water supply and resource development. Fund the Water Supply and Resource Development projects and reserves at not less than $7.5 million per year for the General Fund and $7.5 million per year for the combined Basins consistent with the Financial Engine of the Regional Water Supply Plan being updated through 2025, and equal to the amount required to match the anticipated $15 million annual funding from the state's Water Protection and Sustainability Trust Fund for alternative water supply development assistance.

• Property valuations are projected to increase by 10 percent.

• New Water Sources Initiative (NWSI) to continue consistent with the Partnership Agreement for General Fund and Basins, and the Financial Engine of the Regional Water Supply Plan, estimated at $26 million.

• State's Florida Forever Trust Fund anticipated funding of $26.25 million for land acquisition, equal to the annual appropriation amount. Consistent with the 2005 annual update to the Florida Forever Work Plan (Work Plan), the budget appropriation will be allocated as follows: $23 million or 85 percent for acquisition of lands or easements primarily for water resource development and $4 million or 15 percent for acquisition of lands primarily for restoration and conservation purposes. This allocation will be confirmed or adjusted based on the 2006 annual update to the Work Plan scheduled for March 1, 2006.

• State's Water Management Lands Trust Fund (WMLTF) anticipated funding of $14.75 million for preacquisition costs, land acquisition ancillary costs, land management costs, and payments in lieu of taxes (estimated at $10.75 million) and the SWIM Program (estimated at $4 million, to be matched by Basins).

• State's new Water Protection and Sustainability Trust Fund anticipated funding of $15 million for alternative water supply development assistance. Funding matched by the District and Basins.

• State's new Water Protection and Sustainability Trust Fund anticipated funding of $2.5 million for the Surface Water Improvement and Management (SWIM) Program and surface water restoration activities in water management district designated priority water bodies. Funding matched by Basins.

• Permit fees projected at $3 million.

• Interest earnings based on 5 percent rate of return.

• Balance forward of $10 million in the General Fund designated for future funding. (Will be adjusted in December based on audited financial results.)

• Drawdown of $2.5 million from the NWSI/Partnership General Fund reserve account.

4 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Fiscal Year 2007 General Budget Preparation Assumptions

Expenditures

• All recurring and non-recurring expenditures (excluding salaries and benefits) will be targeted for planning purposes, subject to reduction or reallocation, at 5 percent below FY2006 levels, including contracts, computer hardware and software, and other capital outlay. This 5 percent target applies to the General Fund, as well as the Basins, and is consistent with the water management district budget guidelines issued by the Executive Office of the Governor on July 19, 2005.

• The following non-recurring accounts will be zero-based and each budget item must be separately justified:

-- Contract Labor (including part-time and temporary positions) -- Computer Hardware and Software -- Consultant Services -- Contracted Construction -- Capital Outlay

• No increases are currently anticipated in Governing Board authorized positions or Executive Director authorized positions, consistent with the water management district budget guidelines issued by the Executive Office of the Governor on July 19, 2005.

• Salary pool budget remains at 3 percent (annualized 4 percent).

• All budget requests will be linked to the District Water Management Plan (DWMP) through the District's program budget.

• Facilities improvements and associated revenue contribution will be consistent with the Governing Board approved Five-Year Capital Improvements Plan (CIP).

• Internal service charges for Central Garage will be used for Basins and grant-funded projects to budget the General Fund reimbursement for vehicle and equipment use.

• Special budget instructions for equipment and vehicle requests:

o New and replacement personal computers, peripherals, and software requests will be entered by the requesting department into a separate section established in the Information Resources Department budget. The computers and software will be evaluated by the Information Resources Department for inclusion in its final budget request, consistent with the approved Five-Year Information Resources Plan.

o New and replacement vehicles will generally be budgeted by the General Services Department based on fleet management requirements and departmental requests. Vehicles to be funded by the Water Management Lands Trust Fund will be budgeted by the requesting department after evaluation by the General Services and Land Resources Departments.

o New and replacement outside equipment will be budgeted by the requesting department after evaluation by the General Services Department. Outside Equipment to be funded by the Water Management Lands Trust Fund will also be evaluated by the Land Resources Department.

5 PROGRAM AND ACTIVITY ALLOCATIONS (APPROVED) For Fiscal Year 2005 - 2006 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

FISCAL YEAR 2005 PROGRAMS AND ACTIVITIES Water Supply Water Quality Flood Protection Natural Systems - 2006 1.0 Water Resources Planning and Monitoring $31,721,180 $10,028,323 $6,315,081 $6,315,081 $9,062,695 1.1 - District Water Management Planning 14,790,265 1.1.1 Water Supply Planning 965,627 X 1.1.2 Minimum Flows and Levels 5,495,229 X X 1.1.3 Other Water Resources Planning 8,329,409 X X X X 1.2 - Research, Data Collection, Analysis and Monitoring 15,799,806 X X X X 1.3 - Technical Assistance 1,131,109 X X X X 1.4 - Other Water Resources Planning and Monitoring Activities 0 X X X X 2.0 Acquisition, Restoration and Public Works $192,510,415 $148,508,333 $15,022,570 $14,013,591 $14,965,921 2.1 - Land Acquisition 7,286,212 X X X X 2.2 - Water Source Development 145,291,965 2.2.1 Water Resource Development Projects 28,709,162 X 2.2.2 Water Supply Development Assistance 115,766,991 X 2.2.3 Other Water Source Development Activities 815,812 X X 2.3 - Surface Water Projects 35,125,647 X X X 2.4 - Other Cooperative Projects 0 X X X X 2.5 - Facilities Construction and Major Renovations 2,402,299 X X X X 2.6 - Other Acquisition and Restoration Activities 2,404,292 X X X 6 3.0 Operation and Maintenance of Lands and Works $22,166,905 $3,200,008 $4,600,146 $9,218,675 $5,148,076 3.1 - Land Management 9,004,891 X X X X 3.2 - Works 7,559,495 X X X 3.3 - Facilities 3,795,142 X X X X 3.4 - Invasive Plant Control 726,036 X X X 3.5 - Other Operation and Maintenance Activities 1,081,341 X X 4.0 Regulation $19,081,965 $3,117,296 $5,981,144 $4,002,381 $5,981,144 4.1 - Consumptive Use Permitting 5,158,985 X X X 4.2 - Water Well Construction Permitting and Contractor Licensing 1,106,000 X X X 4.3 - Environmental Resource and Surface Water Permitting 8,868,175 X X X 4.4 - Other Regulatory and Enforcement Activities 3,948,805 X X X X 5.0 Outreach $4,824,152 $1,206,038 $1,206,038 $1,206,038 $1,206,038 5.1 - Water Resource Education 3,337,984 X X X X 5.2 - Public Information 1,320,563 X X X X 5.3 - Public Relations 0 X X X X 5.4 - Lobbying / Legislative Affairs / Cabinet Affairs 165,605 X X X X 5.5 - Other Outreach Activities 0 X X X X SUBTOTAL - Major Programs (excluding Management and Administration) $270,304,617 $166,059,998 $33,124,979 $34,755,766 $36,363,874 6.0 District Management and Administration $44,340,290 6.1 - Administrative and Operations Support 17,626,330 6.2 - Computers / Computer Support 11,660,222 6.3 - Reserves 8,777,652 6.4 - Other (Tax Collector / Property Appraiser Fees) 6,276,086 TOTAL EXPENDITURES $314,644,907 7 8 Volume 9, October 2005 INTRODUCTION

In this quarterly update, you will find the District’s latest diversity activities and achievements in accordance with our workforce and vendor diversity management plan.

In the “Applicant Pool and Hiring Demographics” section, please note that for another year the District has successfully hired diverse applicants in proportion to their representation in the applicant pool. We will continue our efforts to increase diversity representation in the future.

In the “Advertising and Outreach” section you will see a total of $3,480 directly targeted toward outreach to diverse applicants. Total advertising expenditures of $6,560 for this quarter includes all forms of advertising and outreach to students and potential employees through career fairs.

In the “Special Events” section of this newsletter there is an account of the District’s diversity-related activities. As you can see, the last quarter’s emphasis was on student and community outreach. In addition, under “Procurement Measures,” you will see an update on vendor activities and expenditures provided by our Procurement section.

Should you have any questions about this information, please contact me in Human Resources at 1-800-423-1476 at Ext. 4703 or Ext. 4135 for Malcolm Wilson in Procurement.

Human Resources Director

APPLICANT POOL AND HIRING DEMOGRAPHICS (OCT. 1, 2004 – SEPT. 30, 2005) Race Qualified Applicant Pool New Hires Male % Female % Total % Male % Female % Total % White 389 30% 588 46% 977 76% 22 41% 23 42% 45 83% Black 21 2% 31 2% 52 4% 0 0% 4 7% 4 7% Hispanic 34 3% 52 4% 86 7% 2 4% 1 2% 3 6% Asian 19 1.5% 15 1.5% 34 3% 1 2% 1 2% 2 4% American Indian 8 .5% 5 .5% 13 1% 0 0% 0 0% 0 0% Not Specified * 115 9% Total 471 691 1,277 25 29 54 * Not all applicants provide the voluntary EEO information.

FISCAL YEAR TURNOVER HISTORY (OCT. 1, 2004 – SEPT. 30, 2005) Months Number of Separations Turnover Percentage

10/01/04 – 12/31/04 16 2.27%

01/01/05 – 03/31/05 16 2.27%

04/01/05– 06/30/05 14 1.99%

07/01/05 – 09/30/05 19 2.73% TOTALS 65 9.26% An Interim Report on Workforce and Vendor Diversity

ADVERTISING AND OUTREACH (JULY 1 – SEPT. 30, 2005)

Advertising Source Cost Career Fair Date Cost Total Advertising $ 4,731 FL Surveying & Map- 75 ping Society (FSMS) Inroads Banquet * 7-21-2005 $ 1,750 Total Career Fairs $ 1,829

Cyber-Sierra.Com Free Hernando County * 9-23-2005 79 Total Cost $ 6,560 Monster.Com* 1,651 Total Career Fairs * $ 1,829 University of Florida* Free * Diversity Expenditures $ 3,480 (Outreach to Minorities/ Sarasota Herald 339 Tribune SPECIAL EVENTS (JULY 1 – SEPT. 30, 2005) Lakeland Ledger 1,405 • As a part of our outreach efforts, Pamela Baldwin, SPHR, CEBS spoke at the September 28, 2005 Hernando County Chamber of Commerce monthly breakfast St. Petersburg Times 996 meeting. The topics were hiring and firing, providing local business owners and employers tips and tools to help them with these HR responsibilities. The Florida Bar 265 • On July 21st, the Annual INROADS Awards Banquet was attended by three Human Resources & Risk Management Department staff members, Elaine Kuligofski, Total $4,731 Pamela Baldwin and Brenda Kerrick. Also, in attendance were Gene Heath, Assistant Executive Director, Clint Wood, Ed Jordan, Andy Sager, and Joe Robinson, Northwest Hillsborough Basin Board Member, along with two District Inroad Students, Khristina Turner and Saicheong Chiu. The District sponsored two tables and an ad in the INROADS banquet program. • On September 21st, District employees, Elaine Kuligofski, Alba Mas, Alberto Martinez, Rand Baldwin, Melissa Roe, Mirla Morales, and Brenda Kerrick attended the Mayor’s Hispanic Advisory Council’s 7th Annual “Latinos Unidos” Luncheon. • A Learning Expo was held at the District's Brooksville headquarters on July 21, 2005 from 10 a.m. to 2 p.m. with 12 colleges and universities participating. Employees had the opportunity to speak with representatives of the learning institutions and pick up catalogs and brochures. Information on the District's tuition assistance program was also provided by Human Resources Staff Training and Development Specialist Carolyn Joslin, PHR, the event coordinator. • For the past eleven years, District employees have participated in benevolent activities to help employees, their family, friends and neighbors. On October 28th, Senior Staff and Employee Committee held the annual Senior Staff Auction to raise funds for these benevolent activities. This year the auction raised approximately $6,000 to help toward these activities.

PROCUREMENT MEASURES

COMPETITIVE PROCUREMENT DOLLARS SPENT January-September 2005

A total of $42,856,172 in competitive purchases occurred from Small January through September of 2005. Of these total purchases, Business 19 percent ($8,093,075) was from diverse vendors. This 14% includes payments associated with the Tampa Service Construction Project that is in the final phase of completion and the District Headquarters Roof Renovation project, both of Minority- which were major contracts with minority enterprises. Owned Business The District continues its commitment to actively participate in 19% Other events throughout the state that provide opportunities to inform Vendor Categories minority businesses of our procurement opportunities. 67%

Page 2 SWFWMD Tampa Service Office Master Project Schedule Narrative

Executive Summary Buildings 1 and 6 are complete, and occupied with certificates of occupancy dated 10/11/05. The site improvements have been completed with the installation of the last storm water inlet and associated concrete pipe including the final inspection of the storm water piping. The asphalt paving has started and is complete. During the placement of the asphalt we encountered a couple of issues that will need to be corrected. We have walked the project site with the civil engineer of record and are currently working on the published punch list. All of the site concrete sidewalks are complete at the parking lot and in front of Building 1. The striping and installation of the handicapped signs is complete. The installation of concrete curbs at several islands is complete. The landscaping and irrigation is complete at the south pond, the portion along US HWY 301 in front of Building 2 including the front entrance, Buildings 1 and 6. The landscape installation along US HWY 301 on the west side of the property just north of the new Building 1 is complete, including the area of plantings North of the North entrance. The remaining final inspections by Hillsborough County have been passed to include: Commercial Landscaping, Engineering & Zoning. The final walk-thru with the Landscape Architect is currently being scheduled.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TREASURER'S REPORT TO THE GOVERNING BOARD October 31, 2005

AGENCY SECURITIES EFFECTIVE DAYS PURCHASE/ CUSIP SECURITY INTEREST PURCHASE MATURITY TO AMORTIZED MARKET % OF NUMBER DESCRIPTION RATE DATE DATE MATURITY COST VALUE PORTFOLIO

3133MYZF7-0 Federal Home Loan Bank 2.38% 6/12/2003 6/12/2006 224 10,000,000 9,875,000 Callable 09/12/03, quarterly thereafter

3 years 3133MYZF7-1 Federal Home Loan Bank 2.38% 6/12/2003 6/12/2006 224 10,000,000 9,875,000 Callable 09/12/03, quarterly thereafter

3 years 31339XFC3 Federal Home Loan Bank 2.25% 6/19/2003 6/16/2006 228 10,000,000 9,865,600 Callable 07/16/03, monthly thereafter

3 years 31339XF90 Federal Home Loan Bank 2.20% 6/19/2003 6/19/2006 231 10,000,000 9,859,400 Callable 09/19/03, quarterly thereafter

3 years 31339XK94 Federal Home Loan Bank 2.20% 6/26/2003 6/26/2006 238 10,000,000 9,856,300 Callable 09/26/03, quarterly thereafter

3 years 31339YNQ1 Federal Home Loan Bank 2.27% 7/28/2003 7/28/2006 270 10,000,000 9,840,600 Callable 10/28/03, quarterly thereafter

3 years 3133X02W8 Federal Home Loan Bank 2.50% 8/14/2003 8/14/2006 287 10,000,000 9,846,900 Callable 11/14/03, quarterly thereafter

1 year, 6 months 3133XAUL9 Federal Home Loan Bank 3.54% 3/15/2005 9/15/2006 319 9,000,000 8,924,040 Callable 9/15/05, anytime thereafter

3 years 3133X45N7 Federal Home Loan Bank 3.04% 3/8/2004 3/8/2007 493 9,805,000 9,602,821 Callable 6/08/04, quarterly thereafter

3 years 3133X4VB4 Federal Home Loan Bank 3.00% 3/29/2004 3/28/2007 513 10,000,000 9,712,500 Callable 4/30/04, monthly thereafter

3 years 3136F5PG0 Federal National Mortgage Assoc 2.76% 4/30/2004 4/30/2007 546 10,000,000 9,734,400 Callable 7/30/04, quarterly thereafter

2 years 3133XBRX5 Federal Home Loan Bank Multi-Step Bond 3.75% 5/24/2005 5/24/2007 570 10,000,000 9,959,400 Callable 06/24/05, monthly thereafter

Treasurer Report Oct05.xls SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TREASURER'S REPORT TO THE GOVERNING BOARD October 31, 2005

AGENCY SECURITIES (Continued) EFFECTIVE DAYS PURCHASE/ CUSIP SECURITY INTEREST PURCHASE MATURITY TO AMORTIZED MARKET % OF NUMBER DESCRIPTION RATE DATE DATE MATURITY COST VALUE PORTFOLIO

2 years, 9 months 3133XAEP8 Federal Home Loan Bank 3.93% 2/9/2005 11/9/2007 739 10,000,000 9,856,300 Callable 5/09/05, monthly thereafter

3 years 3133X9GJ3 Federal Home Loan Bank 3.73% 12/3/2004 12/3/2007 763 10,000,000 9,812,500 Callable 1/03/05, monthly thereafter

2 years, 6 months 3133XC7G2 Federal Home Loan Bank 4.25% 6/28/2005 12/28/2007 788 10,000,000 9,818,800 Callable 9/28/05, quarterly thereafter

2 years, 6 months 31331VAE6 Federal Farm Credit Bank 4.54% 9/27/2005 3/27/2008 878 10,000,000 9,931,300 Callable 12/27/05, anytime thereafter Total Agency Securities $ 158,805,000 $ 156,370,861 50%

SBA ACCOUNTS EFFECTIVE PURCHASE/ ACCOUNT ACCOUNT INTEREST AMORTIZED MARKET % OF NUMBER DESCRIPTION RATE COST VALUE PORTFOLIO

271413 State Board of Admin. (SBA) General Investments 3.77 $ 136,560,881 $ 136,560,881 271411 SBA Workers' Comp 3.77 1,175,272 1,175,272 271412 SBA Benefit Plan 3.77 14,763 14,763 271414 SBA Land Resources 3.77 821,463 821,463 271415 SBA Advanced State Funding 3.77 19,130,408 19,130,408 271416 SBA Advanced State Funding, FDOT Maint & Mon. 3.77 902,351 902,351

Total SBA Accounts $ 158,605,138 $ 158,605,138 50%

TOTAL INVESTMENTS $ 317,410,138 $ 314,975,999 100%

Accrued Interest on Investments 1,038,760 1,038,760 . TOTAL INVESTMENTS AND ACCRUED INTEREST $ 318,448,898 $ 316,014,759

Cash, SunTrust Demand Account 212,802 212,802

TOTAL CASH, INVESTMENTS, AND ACCRUED INTEREST $ 318,661,700 $ 316,227,561

Weighted average yield on portfolio at October 31, 2005 is 3.41%

Treasurer Report Oct05.xls SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TREASURER'S REPORT TO THE GOVERNING BOARD October 31, 2005

EQUITY - CASH AND INVESTMENTS

DISTRICT AND BASINS

District General $ 126,746,536 39.78% Alafia River 6,104,433 1.92% Hillsborough River 10,337,048 3.24% Northwest Hillsborough 16,865,877 5.29% Coastal Rivers 8,870,045 2.78% Pinellas-Anclote River 74,426,498 23.36% Withlacoochee River 13,746,120 4.31% Peace River 24,824,236 7.79% Manasota 30,979,947 9.72% SWIM Program 5,582,784 1.75% DOT Mitigation 178,176 0.06%

TOTAL EQUITY IN CASH AND INVESTMENTS $ 318,661,700 100.00%

Treasurer Report Oct05.xls SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT LITIGATION REPORT November 2005 (Changes in status since last month are in boldface type)

NON-REGULATORY LITIGATION

STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Ham, Lance H. and Hillsborough County J. Pepper Suit for damages and 11/10/05 – Summons and Complaint served. Norma G. Ham v. City Circuit Court/C. Isom injunctive relief alleging of Plant City, inverse condemnation and Hillsborough County trespass and SWFWMD/Case No. 05-CA-9419 R Hampton, Lynn, 10th Judicial Circuit C. House Suit for damages and injunctive 3/7/05 – Summons and Complaint served. 3/23/05 Hampton, Leigh, as Court, Polk County/D. Stewart/B. relief alleging inverse – Answer served. 3/28/05 – Amended Answer individuals and LSL Jacobsen Bilenky condemnation served. 6/20/05 – (Defendant's) Notice of Hampton Family Appearance of Additional Counsel served. Limited Partnership v. Mediation scheduled for 8/23/05. 8/23/05 – SWFWMD/Case No. Mediation initiated and continued to future date. 53-2005-CA-000923 SWFWMD v. Weeki 5th Judicial Circuit, F. Miller/B. Complaint for Declaratory Complaint filed and Summons served 3/31/04. Wachee Springs, LLC, Hernando County/R. Bilenky Judgment regarding lease 4/2/04 – (SWFWMD's) First Amended Complaint et al./Case No. H-27- Tombrink for Declaratory Judgment and Plaintiff's Motion to CA-2004-366-RT Consolidate served. 4/8/04 – Motion to Dismiss Complaint served. 7/18/04 – Order Denying Motion to Dismiss Complaint entered. 8/10/04 – Motion for Default served. 8/12/04 – Motion to Strike Motion for Default and Enlarge Time for Response to Complaint served. 8/17/04 – Notice of Filing of Petition for Writ of Prohibition, or, in the Alternative, Notice of Appeal of Non-Final Order served. (See Appeals) 8/30/04 – Verified Motion for Emergency Temporary Injunction served. 9/20/04 – Order Granting Defendants' Motion to Strike, Without Prejudice, and Ordering Mediation and Conflict Resolution Procedures, Under Section 164.1041(1), F.S. entered. Mediation held 11/18/04. Mediation to be continued. 11/23/04 – Amended Notice of Hearing served. 1/5/05 - Notice of Mediation served. Continued mediation held on 2/3/05. 2/14/05 – (SWFWMD's) Motion to Dispense with Florida Governmental Conflict Resolution Act served. 2/21/05 – Defendants' Response in Opposition to Plaintiff's Motion to Dispense with Florida Governmental Conflict Resolution Act STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

served. 5/3/05 - Motion to Abate Action Pursuant to Sections 164.101 – 164.1061, F.S., the Florida Governmental Conflict Resolution Act served. 5/5/05 – Notice of Hearing served. 5/19/05 – Plaintiff's Memorandum in Response to Defendants' Motion to Abate served. 6/16/05 – Notice of Cancellation of Hearing and Notice of Hearing served. Hearing set for 6/30/05. 6/27/05 – Motion to Withdraw served. 6/28/05 - City's Supplemental Memorandum, Both: (a) in Opposition to SWFWMD's Motion to Dispense with Florida Governmental Conflict Resolution Act; and (b) in Support of City's Motion to Abate Action Pursuant to §§164.101 – 164.1061, Fla. Stat., the Florida Governmental Conflict Resolution Act served. 6/29/05 – Order Granting Motion to Withdraw entered. 7/6/05 – Order imposing stay of proceedings until conclusion of Circuit Court Appellate Panel entered. 7/11/05 - Notice of Hearing (re: Motion to Dispense) served. Scheduled for 8/29/05. 8/3/05 – Mediation Results Report served. 8/5/05 – Mediation Results Report filed. 8/11/05 – Motion to Quash Plaintiff's Notice of Hearing for August 29, 2005, and Notice of Hearing served. 10/29/05 – Notice of Hearing served. Hearing on Motion to Dispense with Florida Governmental Conflict Resolution Act scheduled for 12/12/05. Weeki Wachee Hernando County F. Miller/B. Complaint for Declaratory Complaint filed and Summons served 3/30/04. Springs, LLC, et al. v. Court/D. Scaglione Bilenky Judgment regarding lease Hearing held 5/10/04. 12/22/04 – Defendant's SWFWMD/Case No. H- Motion to Transfer served and Order Denying 0027-CC-2004-000252 Defendant's Motion to Transfer and Granting Leave to Amend entered. 1/13/05 – Motion to Stay served. 5/12/05 – Order granting Defendant's Request to Transfer and Order Denying Plaintiff's Motion to Abate entered. 5/20/05 – Motion for Re- Hearing of May 12, 2005, Order on Defendant's Request to transfer and Motion for Re-Hearing of May 12, 2005, Order Denying Plaintiff's Motion to Abate served. 5/25/05 – Order denying Plaintiff's Motions for Rehearing entered. 6/10/05 – Notice of

2 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Appeal served. 6/16/05 – Motion to Stay Effect Both of Order Denying Plaintiff's Motion to Abate, and of Order on Defendant's Request to Transfer, During Pendency of Appeal Thereof served. 6/27/05 – Defendant/Counter Plaintiff's Response and Memorandum of Law in Opposition to Plaintiff/Counter Defendant's Motion to Stay Effect of Order Denying Plaintiff's Motion to Abate and of Order on Defendant's Motion to Transfer served. 7/1/05 - Motion for Enlargement of Time to File City's Reply to SWFWMD's Defendant/Counter Plaintiff's Response and Memorandum of Law in Opposition to Plaintiff/Counter Defendant's Motion to Stay Effect of Order Denying Plaintiff's Motion to Abate and of Order on Defendant's Motion to Transfer (See Appeals Case No. H-27-CA-2005- 620) Weeki Wachee Hernando County F. Miller/B. Verified Complaint for 8/27/04 – Verified Complaint for Declaratory Springs, LLC v Court/D. Scaglione Bilenky Declaratory Judgments Judgment for: (a) Temporary and Permanent SWFWMD/Case No. regarding landlord/tenant rights Mandatory and Prohibitory Injunctions; and (b) H27-CC-2004-739 and duties Declaratory Judgment; Each Regarding (c) the Rights and Duties of a Landlord and Tenant, Each to the Other, Pursuant to the Lease Between Them, Verified Motion for Temporary Mandatory and Prohibitory Injunctions, Summons, and Notice of Hearing (scheduled for 8/27/04) served. 8/30/04 – First Amendment to Verified Complaint for Declaratory Judgment for a) Temporary and Permanent Mandatory and Prohibitory Injunctions; and b) Declaratory Judgment; Each Regarding c) the Rights and Duties of a Landlord and Tenant, Each to the Other, Pursuant to the Lease Between Them served. 9/27/04 – Notice of Filing (Affidavit of Service) served. Wormley, Adrian v. Polk County Circuit F. Miller/J. Claim for injuries resulting from 7/19/05 - Summons and Complaint served. SWFWMD/Case No. Court/R. Artigliere Pepper automobile accident driven by 7/27/05 - Answer and Affirmative Defenses served. 53-2005-CA-002341- District employee Discovery requests served to Plaintiff. Deposition 0000-00 of Adrian Wormley set for 11/7/05.

3 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

APPEALS City of Weeki Wachee 5th Judicial Circuit B. Bilenky/ Appeal of Order on 6/10/05 –Notice of Appeal served. 6/16/05 – Motion and Weeki Wachee Appellate Panel F. Miller Defendant's Request to Both to Stay Effect Both of Order Denying Plaintiff's Springs, LLC v. Transfer and Order Denying Motion to Abate, and Order on Defendant's Request SWFWMD/Case No. H- Plaintiff's Motion to Abate to Transfer, during Pendency of Appeal, Thereof, 27-CA-2005-620 regarding Case No. H-27-CC- and to Abate Appeal served. 6/27/05 – 2004-252 Memorandum of Law in Opposition to Appellant's, City of Weeki Wachee's, Motion to Stay served. 6/28/05 – SWFWMD's Motion to Dismiss Appeal and Supporting Memorandum of Law served. 7/1/05 – Motion for Enlargement of Time to File City's Reply to SWFWMD's Memorandum of Law; Order Declining Jurisdiction and Dismissing Appeal entered. 7/15/05 – Appellants' Motion for Rehearing of Order Declining Jurisdiction and Dismissing Appeal served. 10/17/05 – Order Denying Motion for Rehearing entered. Weeki Wachee 5th District Court of B. Bilenky/ Appeal of Non-Final Order in 8/17/04 – Notice of Filing of Petition for Writ of Springs, LLC, et al. v. Appeal F. Miller Case No. H-27-CA-2004-366- Prohibition, or in The Alternative, Notice of Appeal of SWFWMD/5D04-2808 RT Non-Final Order served. 8/23/04 – Motion to Strike Petition served. 8/26/04 – Amended Petition for Writ of Prohibition, or in The Alternative, Notice of Appeal of Non-Final Order served. 8/27/04 – Response to Motion to Strike Petition served. 9/7/04 – Plaintiffs'/Appellants' Motion for Assessment of Attorneys' Fees Against Defendant/ Appellee, Pursuant to Section 57.105, F.S. served. 9/10/04 – Request for Oral Argument served. 9/23/04 – (District's) Motion to Dismiss – Appellants' Notice of Appeal of Non-Final Order served. 10/1/04 – Appellants' Response in Opposition to Appellee's Motion to Dismiss served. 12/10/04 – Per Curiam opinion denying Petitioners writ of prohibition filed. Order stating Motions to Dismiss are moot and denying Motion for Assessment of Attorneys' Fees filed. 12/16/04 – Motion for Rehearing and/or Clarification and/or Certification served. 5/3/05 – Order denying Motion for Rehearing and/or Clarification and/or Certification entered. 5/19/05 – District's Motion for Finding of Contempt and

4 STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current through 11/10/05)

Awarding Attorney's Fees and Costs served. 5/23/05 – Order requiring response to Respondent's Motion for Finding of Contempt and Awarding Attorney's Fees and Costs entered. 5/27/05 – Petitioner's Response to Respondent's Motion for Finding of Contempt and Awarding Attorneys' Fees and Costs, and Motion for Stay Pending Appeal served. 6/2/05 – Petition for Review Pursuant to All Writs Power and Request for Oral Argument served. 6/17/05 – Order denying Petitioner's Motion to Stay (Opinion) entered. (See Supreme Court Case No. SC05-1008 below)

Weeki Wachee Supreme Court of B. Bilenky/ Appeal of Opinion issued by 6/2/05 – Petition for Review Pursuant to All Writs Springs, LLC v. Florida F. Miller 5th District Court of Appeal, Power and Request for Oral Argument served. SWFWMD/Case No. Case No. 5D04-2808 6/9/05 – District's Motion to Dismiss – "Petition for SC05-1008 Review Pursuant to All Writs Power," Motion for Sanctions Including Imposition of Attorneys' Fees and Costs and Sanctions Against Petitioners or Their Counsel served; and Acknowledgment of New Case entered. 6/10/05 – Notice of Erratum Regarding Petition for Review Pursuant to All Writs Power served. 6/11/05 – Petitioners' Response to Respondent's Motion to Dismiss Petition for Review Pursuant to All Writs Power served.

L:\PRIVATE\Jan Kaesemeyer\LIT.RPT\FY05LitRpts\NONRegulatoryLitigatRptNov05.doc

5 Governing Board Meeting November 30, 2005

Outreach and Planning Committee

Consent Item

37. Approval of Minutes - October 25, 2005 Committee Meeting ...... 2

Discussion Items

38. Office of Program Policy Analysis and Government Accountability Regional Boundaries Study ...... 2

39. Legislative Update ...... 2

40. “Curb Appeal” Landscape Makeover Event ...... 3

Routine Reports

41. Basin Board Education Committee Report ...... 3

42. Update of Broadcasting Governing Board Meetings Districtwide ...... 4

43. Review of Local Government Comprehensive Plan Amendments ...... 4

44. Review of Developments of Regional Impact ...... 4

45. Upcoming Events ...... 5

46. January Committee Meeting Agenda ...... 5

Outreach and Planning - 2 - November 30, 2005 Committee Summary

Consent Item

37. Approval of Minutes - October 25, 2005 Committee Meeting

Staff Recommendation: See Exhibit 37

Approval of the minutes as presented.

Discussion Items

38. Office of Program Policy Analysis and Government Accountability Regional Boundaries Study

At the Committee's October meeting staff provided a report on the regional boundaries study being conducted by the Office of Program Policy Analysis and Government Accountability (OPPAGA). On November 3, 2005 OPPAGA held a workshop on their progress to-date. At the workshop OPPAGA presented several scenarios for making the boundaries of the regional planning councils coterminous with the Department of Transportation district boundaries. One scenario identified by OPPAGA involved reducing the number of RPCs from eleven to eight, and increasing the number of DOT districts from seven to eight. OPPAGA did not discuss any changes to the water management district boundaries, with the only exception of realigning the boundary between the Northwest Florida and Suwannee River water management districts to follow the county boundaries upon which the RPC and DOT district boundaries are based. OPPAGA noted that to make the water management district boundaries coterminous with the RPC and DOT district boundaries would involve many changes.

The workshop then focused on alternative approaches to adjusting boundaries, which would be stakeholder driven with the objective to improve communication and coordination between agencies and the public, rather than simply adjusting boundaries to be coterminous.

This OPPAGA study must be completed by December 31, 2005, and submitted to the President of the Senate, the Speaker of the House of Representatives, and the Governor by January 15, 2006. OPPAGA's past practice has been to provide a draft of their report to the entities being studied to solicit comments. Comments received are then made a part of the report submitted to the legislature. If the draft report is received before the Committee's November meeting, copies will be provided to the Committee.

Staff Recommendation:

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

Presenter: Richard S. Owen, Director, Planning Department

39. Legislative Update

The legislative agenda for the coming year is starting to take shape. All of the District's legislative delegations have scheduled their meetings and many have met already. Several bills have been filed in Tallahassee and many of them have potential impacts on district programs.

Staffs from the five water management districts and the Florida Department of Environmental Protection (Department) have been in continuous communication to discuss the legislative Outreach and Planning - 3 - November 30, 2005 Committee Summary

priorities developed by the water management districts and the Department. Additionally, related legislative topics still anticipated to be introduced in the coming year are being discussed. These include dock permitting, minimum flows and levels, and growth management.

CLA staff will provide an update regarding these and other legislative activities. At the state level, potential items to be discussed include an overview of issues related to the state budget, possible legislation regarding "Local Sources First" permitting considerations, water management district boundaries, and Lake Okeechobee. With regard to the District's federal package, ongoing activities related to line item appropriations priorities, private activity bonds, desalination, reuse and the reauthorization of the federal Farm Bill will be discussed.

Staff Recommendation: See Exhibit 39

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

Presenter: David Rathke, Director, Community and Legislative Affairs Department

40. “Curb Appeal” Landscape Makeover Event

As part of a yearlong effort to raise public awareness of Florida-friendly landscaping, the District participated in Curb Appeal, a promotion sponsored by Stanek Windows and two area radio stations — WDUV 105.5 and WXGL 107.3. The winning area homeowner received a new door and storm-resistant windows from Stanek Windows and a Florida-friendly yard makeover coordinated by the District. More than 300 people entered the contest and Gerry Rivera of Tampa was named the winner.

A private landscaping company, Wild Rose Lawncare Inc., donated the landscape design and greatly assisted with the installation. The plan was reviewed by Florida Yards & Neighborhoods Program staff to ensure the use of Florida-friendly landscaping principles. Members of the Tampa Bay Wholesale Growers donated plant and landscape materials; SMR Farms donated sod. Irrigation products, equipment and other items were donated by various businesses.

It is important that the Southwest Florida Water Management District communicates to the public project did just that by showcasing the benefits of Florida-friendly landscaping in an exciting and about water conservation and water quality in ways that will grab its attention. The Curb Appeal innovative way.

Staff Recommendation:

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

Presenter: Sylvia Durell, Senior Communications Coordinator, Communications Department

Routine Reports

41. Basin Board Education Committee Report

This report provides an overview of the BBEC meeting that was held on November 8, 2005, at the Brooker Creek Preserve Environmental Educational Center in Pinellas County. The meeting was chaired by Watson Haynes, II. The overview will include reports on Community Education Grants, Adopt-A-Pond programs with Hillsborough and Pinellas counties, Youth Outreach and Planning - 4 - November 30, 2005 Committee Summary

Watershed Education activities at Brooker Creek, and the recent Curb Appeal event for Gerry Rivera of Tampa, Florida.

Basin Board members were invited to join the BBEC members immediately following the meeting to participate in a tour of the Brooker Creek Environmental Education Center.

Staff Recommendation: See Exhibit 41

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

Presenter: Watson Haynes II, Chair, Basin Board Education Committee

42. Update of Broadcasting Governing Board Meetings Districtwide

At the July Outreach and Planning Committee meeting, the committee directed staff to pursue placing the Governing Board meetings on local governments’ public access television stations. The committee believed this would be an excellent outreach tool to the District’s constituents to help further the stewardship of the region’s valuable water resources. Chair Heidi McCree wrote letters to County Commission and City Commission Chairs requesting that each local government public access channel broadcast the District’s Governing Board meeting. Chair McCree informed these local elected officials that the topics range from high profile initiatives pertaining to the region’s challenging water supply issues and protection of Florida’s amazing springs, to more localized issues such as habitat restoration, stormwater management and water conservation. She also stated that it has been our experience that greater public awareness is a primary factor in achieving many of our goals.

Staff will update the committee on this endeavor, providing information on the counties’ and municipalities’ responses to Chair McCree’s request.

Staff Recommendation: See Exhibit 42

This item is provided for the Committee’s information, and no action will be required.

Presenter: Linda McBride, Director, Communications Department

43. Review of Local Government Comprehensive Plan Amendments

This report is provided for the Committee’s information and shows District activity in the review of Comprehensive Plans and Amendments. Staff updates the report monthly, showing new or changed information in bold.

Staff Recommendation: See Exhibit 43

This item is provided for the Committee's information, and no action is required.

Presenter: Richard Owen, Director, Planning Department

44. Review of Developments of Regional Impact

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.

Outreach and Planning - 5 - November 30, 2005 Committee Summary

Staff Recommendation: See Exhibit 44

This item is provided for the Committee's information, and no action is required.

Presenter: Richard Owen, Director, Planning Department

45. Upcoming Events

The District is involved in numerous activities during the year. Every month, staff will prepare a list of upcoming events relative to outreach activities involving the Communications Department, Community and Legislative Affairs Department, and the Planning Department.

Staff Recommendation: See Exhibit 45

This item is provided for the Committee’s information, and no action is required.

Presenter: Lou Kavouras, Executive Assistant, Outreach, Planning and Board Services

46. January Committee Meeting Agenda

MINUTES OF THE MEETING

Outreach and Planning Committee Governing Board Southwest Florida Water Management District

Brooksville, Florida October 25, 2005

The Outreach and Planning Committee of the Governing Board of the Southwest Florida Water Management District met at 10:50 a.m., on October 25, 2005, at the District Headquarters in Brooksville. The following persons were present:

Committee Members Present Staff Members Present T. G. “Jerry” Rice, Chair David Moore Beth Bartos Todd Pressman, Vice Chair Lou Kavouras Miki Renner Edward W. Chance, Member Linda McBride Sylvia Durell Watson L. Haynes, II, Member Richard Owen Melissa Roe Janet D. Kovach, Member David Rathke

Committee Member Absent Recording Secretary None Paula L. McCleery

Chair Rice called the meeting to order and noted a quorum was present.

Consent Items

39. September 27, 2005 Committee Meeting Minutes Following consideration, Ms. Kovach moved, seconded by Mr. Pressman, to approve the minutes as presented. Motion carried unanimously.

Discussion Items

40. Office of Program Policy Analysis and Government Accountability (OPPAGA) Regional Boundaries Study Richard Owen, Planning Director, said the purpose of this presentation is to ensure the Governing Board is monitoring this analysis closely because it has the potential to have significant affects on this District as well as other entities that are being assessed. He said OPPAGA has been directed to evaluate the boundaries of various regional entities, including the water management districts, Department of Transportation and regional planning councils (RPCs), to make them more coterminous with one another. He said District boundaries are generally based on surface water hydrologic features, while the boundaries of the other agencies follow political boundaries. He noted that District staff responded to a survey indicating that there does not seem to be any public benefits if we were to realign our boundaries to be coterminous with the DOT districts or RPCs, and that such realignment could be detrimental to water resource management. Mr. Owen said he would represent the District at an OPPAGA workshop in Tallahassee on November 3, 2005. Mr. Haynes moved, seconded by Ms. Kovach to affirm staff’s response to the OPPAGA survey, stating that it is consistent with direction given to staff previously regarding potential changes to District boundaries. Motion carried unanimously.

41. Legislative Update David Rathke, Community and Legislative Affairs Director, said staff has been attending the legislative delegation meetings, including individual meetings with legislators and reviewed some of the issues brought up at those meetings. Mr. Rathke reviewed State Minutes of the Meeting October 25, 2005 Governing Board Outreach and Planning Committee Page 2 of 2

issues that are being tracked, which include: OPPAGA boundary study, Levy/Highlands County District boundary changes, Peace Creek Drainage District dissolution, and water management district budget oversight. He also reviewed the Federal issues, which include: Desalination Bill, private activity bond legislation, and reauthorization of the Farm Bill. Mr. Rathke noted that in order to be consistent with the direction from the Governor pertaining to travel issues, staff recommends that we hold targeted briefings with Congressional representatives as needed in lieu of an annual trip to Washington D.C. with all Governing Board members. This item was presented for the Committee's information only, and no action was requested.

42. Continuation of the FY2006 Strategic Plan Outreach Publication Richard Owen provided a status report on the FY2006 publication which is an outreach document intended to capture where we are in our strategic planning process. The Committee provided feedback regarding the need to emphasize the District’s planning efforts in the northern six counties, expand the list of goals where appropriate, and highlight the accessibility of publicly owned lands. Mr. Owen said staff would finalize the document for the Committee’s consideration at the November meeting, and then work with the Committee throughout the year to develop the FY2007 strategic priorities. This item was presented for the Committee's information only, and no action was requested.

43. Florida Friendly Yards Campaign Linda McBride, Communications Director, reviewed the FY2006 Media Messaging Campaign, which focuses on promoting Florida-friendly landscaping. Melissa Roe, Communications Specialist, showed the Committee a sample of the billboards that are starting to show up throughout the District, and also previewed print and radio advertisements. She noted a concentrated media buy in February/March 2006 will target the do-it-yourself homeowner in the prime spring planting season. The Committee provided feedback relative to improving the diversity of the media outlets and messaging. This item was presented for the Committee's information only, and no action was requested.

Routine Reports

44. Broadcasting Board Meetings 45. Review of Local Government Comprehensive Plan Amendments 46. Review of Developments of Regional Impact 47. Upcoming Events Routine Reports items 44 through 47 are provided in the Governing Board Packet.

48. November/December Committee Meeting Agenda • Legislative Update • Finalization of the FY2006 Strategic Plan Outreach Publication

There being no further business, the meeting adjourned at 12:15 p.m.

The Southwest Florida Water Management District does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the District's functions including one's access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation, as provided for in the Americans with Disabilities Act, should contact the Executive Department, telephone 1-800- 423-1476 (Florida only), extension 4604; TDD ONLY 1-800-231-6103 (Florida only); FAX 352-754-6874

Legislative Update November 10, 2005

State Legislative Activities

Legislative Delegation Meetings Since last month the Hardee, Highlands, Pinellas and Sarasota delegations have met. At the majority of the meetings there was little or no discussion of water issues. However, staff did present two projects to the Sarasota Delegation. These were the FARMS program and the Sarasota Bay SWIM project. These projects are both being sponsored by members of the Sarasota Delegation. The sponsors are Senator Mike Bennett and Representative Nancy Detert. In addition to discussion of the project proposals, Representative Reagan asked a question regarding desalination technology and Senator Bennett had several questions regarding the permitting process for docking facilities. Community and Legislative Affairs staff addressed these questions. With regard to desalination technology, the question was simply weather or not desalination was a viable option for water resource development in the state. Staff described the District's involvement with the US Desalination Coalition and that while site specific and not a silver bullet: desalination technology can be part of the overall solution to water supply in Florida. Senator Bennett's questions about dock permitting were more specific. The Senator wanted to know how the permitting process was structured and expressed frustration and confusion on behalf of permittees. A follow-up meeting with the Senator was held on November 8 were the process was explained in detail. The Senator and Senator Jones have both expressed a desire to introduce legislation this session to return the entire dock permitting program back to the Florida Department of Environmental Protection.

Senate Environmental Preservation Committee Executive Director David Moore and the executive director of the South Florida Water Management District were invited to return and make presentations to the Senate Environmental Preservation Committee regarding the districts' budgets. The meeting was held November 8, in Tallahassee. The focus of the presentations was on the development process of the districts' budgets, the use of ad valorem revenues, and the implementation of SB 444. The presentations were relatively uneventful with the exception of a question regarding the increase in ad valorum revenue and if the District had considered a reduction in the milage rate. Senator Baker asked this question. Mr. Moore explained that the District evaluates the needs of the District on a continuing basis and is always cognizant of the balance needed between the mission of the agency and the needs of the taxpayer. Additionally, he explained that the District has over 50 public meetings throughout the development of the budget. After Mr. Moore's explanation Senator Alexander spoke about the issue. While he agrees with Senator Baker's philosophy, Senator Alexander further explained the District's ongoing needs for project development and flood protection, especially in the Southern Water use Caution Area (SWUCA).

Lake Okeechobee Water in the SWUCA? During the Senate Environmental Preservation Committee meeting the South Florida Water Management District also made a presentation about the ongoing efforts to improve water quality in Lake Okeechobee. They explained the impacts that Hurricane Wilma has had on many of their water treatment areas and that damage caused by the storm have impacted their ability to treat much of the water leaving the basin in the near future. Another concept that was

Page 1 of 3 discussed was the idea of using water from lake Okeechobee in the SWUCA. While little explanation was given, Senator Dockery has asked that both the South Florida Water Management District and our District return for the Committee's next meeting to discuss this further.

Appropriations CLA staff has continued to meet with various members of the legislature to secure project sponsors for the District's funding priorities. These include the following projects:

• Charlotte Harbor and Myakka River Restoration • FARMS • Sarasota Bay Restoration • Tampa Bay Restoration • Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project • Upper Peace River Watershed Restoration Initiative

Babcock Ranch On November 8, the Governor and Cabinet met on a variety of issues, including the proposed acquisition of Babcock Ranch. The property, located in Charlotte and Lee counties, is located within the boundaries of the South Florida Water Management District. The state has a sales agreement to purchase the property for $350 million ($200 million through the Florida Forever Program and $100 million from state general revenue or bonding). Lee County has voted to contribute $40 million, and $10 million is to come from the Florida Fish and Wildlife Conservation Commission.

The developer, Syd Kitson, plans to purchase the property from the Babcock family and resell a portion to the state. Mr. Kitson, along with Department of Environmental Protection Secretary Colleen Castille, SFWMD Executive Director Carol Wehle, and others were present to answer questions from Cabinet members about the purchase. There was considerable discussion, much of which centered on water rights. The original proposal was to seek approval to pump water from the state-owned land to the portion of the property that would be developed, and also to sell water to Charlotte and Lee counties. That proposal was removed and the Cabinet gave preliminary approval for the purchase. The Governor and Cabinet will meet again November 22.

A presentation by the Department of Environmental Preservation and the Fish and Wildlife Conservation Commission on the Babcock Ranch proposed acquisition was also on the agenda in the Senate Environmental Preservation Committee, but was postponed due to time constraints.

Federal Legislative Activities

Desalination Legislation HR 1071 (Davis of Florida and Gibbons of Nevada) and S 1016 (Martinez of Florida and Feinstein of California) continue to move through the legislative process in Washington, D.C. The House Resources Committee has placed the bill on its agenda for mark-up on November 20. It is anticipated that the house resolution will receive a favorable review by the full committee and a vote on the House floor before the end of the year.

Page 2 of 3 Interstate Council on Water Policy The District has been a member of the Interstate Council on Water Policy for many years. This organization provides the District with a forum to develop positions on important water resource issues such as streamgaging, national drought policy, dam safety, emergency management, wetlands protection and others. Other members include the Florida Department of Environmental protection, the St. John's River Water Management District, and the South Florida Water Management District. The organization is currently preparing its legislative platform for 2006. Issues of interest include support for funding of the United States Geological Service streamgaging program, the Federal Emergency Management Agency floodplain map modernization effort, and the State Revolving Loan Program for water infrastructure. Additionally, the group is evaluating HR 1071, the Farm Bill, and drought legislation recently introduce by Representative Hastings.

Appropriations The WateReuse Foundation received a hard earmark of $2.5 million for FY 2006 when the conference committee for the Energy & Water Development Appropriations Bill met on Monday November 7. Obtaining $2.5 million in the current budget atmosphere (which is characterized by deficits and spending on Iraq and Katrina) is a tremendous accomplishment. This funding will assist the WateReuse Foundation in leveraging money for research and development in the area of water reuse technology. The District provides the foundation with additional dollars for this purpose and receives a four to one benefit for its investment.

Other Issues Being Monitored

State Federal Budget Oversight Alternative Water Sources Development Growth Management Dam Rehabilitation Land Acquisition and Management Drought Policy Public Records FEMA Funding Springs Protection Reuse Research and Development USGS Stream Gauging Water Resources Development Act

Page 3 of 3 Basin Board Education Committee Meeting Brooker Creek Preserve Environmental Education Center November 8, 2005

The meeting was held at the Brooker Creek Preserve Environmental Education Center.

The following topics were discussed:

Dedication ceremonies for three new education sites supported by District funding: Joes Creek Park, Springs Coast Environmental Education Center and The Pier Aquarium Water Walk.

Water CHAMP (Conservation Hotel and Motel Program) has received a national award — second place in the government category of The Gulf Guardian program, which helps protect the Gulf of Mexico. The award will be presented March 28, 2006, in Corpus Christi, Texas.

Watson Haynes, committee chair, asked BBEC members to serve as point persons to our Boards on education matters, ensuring that education stays a priority across the District.

The District received 52 Community Education Grants this year totaling $230,653. This represents an increase of nearly 30 percent over last year’s number of grants. Staff is recommending funding 31 projects totaling $131,089. BBEC members were provided grant applications and staff recommendations for review. BBEC members represent their respective Basins in the review of that Basin’s Community Education Grants. Their input was due to staff by December 2, 2005.

Curb Appeal, a landscape makeover event used to promote Florida- friendly landscaping, was held October 26 and 27. Gerry Rivera, a Tampa resident, won a landscape makeover coordinated by the District. The project was featured on BayNews 9 and will become a recurring story on the District’s web site. Tampa Bay Wholesale Growers and SMR Farms (Mac Carraway) in Manatee County donated the plant materials and sod for the project. Wild Rose Lawncare, Inc. in Lutz also provided the landscape design and supervision of the two-day installation. Florida Yards & Neighborhoods staff from Hillsborough and Pinellas counties also supported the project.

A report on continuing youth education efforts in the Brooker Creek watershed included teacher Ron Goddard and two of his students from Farnell Middle School. Mr. Goddard attended the four-day summer institute in 2003, which was part of the Brooker Creek watershed education pilot program, and has continued watershed education through

1 a Splash! mini-grant from Northwest Hillsborough Basin’s funding for youth education. Students demonstrated the Enviroscape watershed model.

Adopt-A-Pond is an educational program that helps citizens restore pond treatment and flood protection functions, learn to manage ponds, reduce stormwater pollution and increase habitat. Adopt-a-Pond program representatives from Hillsborough County (Jason Mickel) and Pinellas County (Kelli Levy) reported to the committee members. The District would like to expand this program to other counties. Initial efforts have begun in Pasco and Polk counties.

Alafia River Basin Board is discussing an environmental education center or an interpretive center at Medard Park. The park has a 700-acre reservoir used for swimming, fishing and boating. The park also includes a boardwalk and observation tower. This is a popular recreation area, hosting 500,000 visitors each year. Although the park is located on District lands, the land was purchased with ad valorem taxes and, therefore, is not eligible for Save Our Rivers funding to reimburse the Basin Board for an environmental education center (like Starkey and Springs Coast, for instance).

Communications staff is also participating in planning the Circle B Bar Ranch Environmental Education Center in Polk County.

Staff is trying to bring Dr. Douglas McKenzie-Mohr back to Florida for additional trainings in community-based social marketing. We plan to offer advanced training to key staff and cooperators. We also plan to use Dr. McKenzie-Mohr’s services as a consultant to review District education efforts and provide feedback on how we can more effectively use community-based social marketing techniques and tools.

Following the meeting, Brooker Creek Environmental Education Staff provided a tour of the center.

2 GOVERNMENT PUBLIC ACCESS CHANNELS - STATUS

County Access Station Will County Web site Scheduled Air Date Run (Board Meetings) Charlotte CCTV-20 (Govt regulated; Y www.charlottecountyfl.com/cctv TBD transmits through Comcast Channel 20)

Citrus WYKE Channel 47 N Not currently airing GB meeting (Broadcast station; not govt regulated but aires govt information) Not airing GB meetings due to limited availability

DeSoto Comcast Cable Channel 56 Y co.desoto.fl.us air date/time varies (Community Channel; not govt regulated) Hardee NA Hernando Hernando County Y www.co.hernando.fl.us/cr/hcgb.htm TBD Government Broadcasting

Highlands Comcast Channel 4 (Public Not currently airing GB meeting access channel but not govt regulated) Not airing GB meetings-awaiting approval from PIO

Hillsborough HTV 22 Hillsborough County Y www.hillsboroughcounty.org/htv 11/13 at 12:30pm Government Access

City of Tampa TV, Not www.tampagov.net/dept_Cable_CommuNot currently airing GB meeting airing GB meetings nications/cttv/ because HTV22 is airing

Lake Lake Sumter Community Y www.lscc.edu/tvstudio/index.asp TBD College TV Comcast Channel 13 Levy NA Manatee MGA TV-Manatee Y www.co.manatee.fl.us/ TBD Government Access

Page 1 of 2 Rev.11/10/05 GOVERNMENT PUBLIC ACCESS CHANNELS - STATUS

County Access Station Will County Web site Scheduled Air Date Run (Board Meetings) Marion Marion Education Channel 7 Y air date/time varies (Govt regulated; transmits through air and Cox Cable, Brighthouse, Cable Vision, Decca)

Pasco Pasco Television Channel 19 www.pascocountyfl.net/ Not currently airing GB meeting Brighthouse, Not airing GB meetings- awaiting approval from Cty Commissioner

Pinellas Pinellas 18 County Y www.pinellascounty.org/tv_18.htm TBD Government Access C View 15 City of Clearwater www.myclearwater.com/gov/depts/publicTBD _comm/c-view/index.asp WSPF-TV City of St. www.stpete.org/wspf.htm Petersburg (UHF, Ch. 35; Verizon Americast & Brighthouse, Ch. 15) City 15 "Safety Harbor in Y air date/time varies Sight" (Govt. Access Channel) Polk PG TV Polk Government TV Y http://www.polk- TBD county.net/county_offices/pgtv/index.asp x Sarasota TV 19 Sarasota Government Y http://www.sarasotagov.com/InsideCityGTBD Access (govt regulated; overnment/Content/AccessTV/AccessT transmits through Comcast) V.htm

Sumter NA The Villages VNN Y TBD

Page 2 of 2 Rev.11/10/05 As of November 7, 2005

Local Government Comprehensive Plan Amendment Report

CHARLOTTE 04-2/05-1 Davies Regular 11/09/04 10/18/04 11/19/04 12/17/04 02/03/05 03/17/05 Yes 8 Amendments Charlotte 05-2 Davies Regular 06/13/05 06/14/05 07/11/05 8 Amendments

CITRUS 05-01 Sanders Regular 04/18/05 04/25/05 05/26/05 06/24/05 10/07/05 Yes

DESOTO

HARDEE

HERNANDO 05-01 Sanders Regular 05/26/05 05/24/05 06/10/05 06/27/05 10/21/05 Yes HERNANDO 05-02 Sanders Regular 10/05/05 10/10/05 10/21/05 5-Year Capital Improvements

HIGHLANDS 05-1 Springstead Regular 02/08/05 none none 04/15/05 07/21/05 09/13/05 No 3 Future Land Use Map Amendments HIGHLANDS 05-2 Springstead Regular 08/19/05 08/25/02 09/23/05 10/21/05 7 Future Land Use Map amendments Avon Park 05-1 Springstead Regular 04/26/05 05/10/05 none 07/08/05 Proposed Land Use Map Change for Wal-Mart Lake Placid 05-1 none Regular none none none none none 05/27/05 Yes Lake placid 05-2 Springstead Regular 10/07/05 10/06/05 Sebring 05-1 Springstead Regular 07/11/05 07/15/05 08/11/05 09/14/05 6 Future Land Use Map Amendments Sebring 05-2 Springstead Regular 07/19/05 07/22/05 08/17/05 09/21/05 Sebring 06-1 Springstead Regular 07/25/05 07/25/05 08/18/05 09/22/05

HILLSBOROUGH 05-1 Neasman Regular 02/25/05 03/04/05 03/18/05 05/06/05 06/06/05 07/29/05 Yes No substantive comments HILLSBOROUGH 05-2 Neasman Regular 08/12/05 08/22/05 09/06/05 10/07/05 No substantive comments HILLSBOROUGH 05D1 Neasman DRI 08/24/05 08/25/05 09/26/05 10/26/05 No substantive comments

Plant City 05-2 Neasman Regular 04/08/05 04/13/05 05/12/05 06/07/05 08/29/05 10/27/05 Yes Commented on water use per capita Highlighted the need for hurricane mitigation Tampa 05-1 Neasman Regular 07/14/05 07/19/05 08/04/05 09/13/05 planning Tampa 05CIE-1 Neasman PRD 08/04/05 08/10/05 08/22/05 DCA decided not to review on 9/14/05. Temple Terrace 05-1 Neasman Regular 01/20/05 01/28/05 02/23/05 03/30/05 none 07/01/05 Yes No substantive comments

LAKE

LEVY Bronson 05-01 none Regular 02/14/05 02/20/05 none 04/18/05 10/21/05 Yes Williston 05-01 none Regular 03/18/05 03/25/05 none 05/04/05 none 05/20/05 Yes Williston 05-02 Sanders Regular 05/02/05 05/10/05 06/10/05 none none 09/13/05 Yes 100 acres residential

MANATEE 05-1 Neasman Regular 04/06/05 04/14/05 05/13/05 06/07/05 09/02/05 10/20/05 Yes No substantive comments MANATEE 05-2 Neasman Regular 08/31/05 09/02/05 09/22/05 11/01/05 No substantive comments As of November 7, 2005

Local Government Comprehensive Plan Amendment Report

DCA Comment Request DCA ORC Adopted DCA Assigned Amend. Received Letter Comments Report Amend DCA NOI In Local Government Project # Planner Type** from Gov't Received Sent Received Received Received Compliance? Comments/Issues/Objections Commented on Water Supply Work Plan, and for 3 proposed land use changes highlighted the Bradenton 05-1 Neasman Regular 07/28/05 08/03/05 09/01/05 10/05/05 need for hurricane mitigation planning.

MARION 05-SM1 Sanders Regular 04/21/05 04/28/05 05/19/05 FLUM and Text Amendments Marion 05-01 Sanders Regular 09/13/05 A mediated settlement Dunnellon 05-01 Sanders Regular 04/11/05 04/01/05 06/10/05 07/05/05 Proposed Rainbow River development Ocala 05-01 Sanders Regular 04/27/05 04/30/05 05/26/05 07/20/05 10/20/05 Ocala 05-02 Sanders Regular 10/03/05 10/08/05 10/24/05 5 Amendments located in the District 6 Amendments Cypress Creek Town Center. Settlement Pasco 04D2 Renner DRI 04/12/04 04/12/04 05/12/04 06/15/04 12/13/04 01/25/05 No agreement 05/11/05 Pasco 04D4/05D2 Renner DRI 08/23/04 09/29/04 09/20/04 11/01/04 04/05/05 05/20/05 Yes Conner Preserve Pasco 05D1 Renner DRI 01/20/05 01/26/05 02/11/05 Sunlake Centre Pasco 05-2 Renner Regular 08/30/05 09/08/05 10/06/05 10 Amendments Dade City 05-1 Renner Regular 05/05/05 06/03/05 06/28/05 08/16/05 7 Amendments New Port Richey 05-1 Renner Regular 08/05/05 08/09/05 08/24/05 No Comments Zephyrhills 05-1 Renner Regular 08/31/05 09/02/05 09/15/05 No Comments

PINELLAS Clearwater 05-01 Belangia Regular 06/08/05 07/29/05 07/11/05 08/30/05 11/03/05 3 Amendments DCA will not 1 Amendment (DCA determined no need for Clearwater 05-2 Belangia Regular 08/12/05 08/18/05 09/06/05 review N/A N/A N/A formal review.) City of Safety Harbor 05-01 Mickel Regular 03/14/05 None 03/25/05 None None 07/29/05 None City of Safety Harbor 05-02 Belangia Regular 03/28/05 04/02/05 04/30/05 06/01/05 None None None City of Seminole 05-01 Belangia Regular 02/15/05 03/16/05 None 04/22/05 07/06/05 None None City of Seminole 05-1 Belangia Regular 07/27/05 08/02/05 08/25/05 09/30/05 11/07/05 FLUE Changes in LU Categories Dunedin 05-01C Mickel Regular 12/09/04 None 01/04/05 02/08/05 04/18/05 06/02/05 Yes Dunedin 05-2 Belangia Regular 10/19/05 10/26/05 10/21/05 Revision of 5 text amendments Largo 05-01 Belangia Regular 03/21/05 0/3/23/05 04/04/05 05/20/05 07/01/05 07/22/05 Yes Largo 05-02 Belangia Regular 08/05/05 08/10/05 09/01/05 10/12/05 10 Amendments 5 FLUM, 5Text Pinellas Park 05-01 None None None 03/31/05 None 05/27/05 Pinellas Park 05-02 Belangia Regular 03/22/05 03/23/05 04/21/05 05/27/05 St. Petersburg 05-01 None None 03/14/05 None None None 09/13/05 St. Petersburg 05-02 Belangia Regular 03/28/05 04/02/05 04/30/05 05/31/05 None 09/27/05 Yes Related to proposed development of St. Petersburg 05RB1 Belangia Regular 10/28/05 11/01/05 brownfields area St. Petersburg 06-1 Belangia Regular 10/28/05 11/01/05 FLUE Changes in LU Categories City of St. Pete Beach 05-01 Belangia Regular 04/01/05 04/18/05 None 06/17/05 None 07/29/05 Yes Community Redev. District/Housing Pinellas County 05-1 Belangia Regular 08/25/05 08/25/05 09/06/05 09/15/05 Objection to Transportation Study

POLK Polk County 05-2 Springstead Regular 08/22/05 none none 10/21/05 4 Lg Scale Map Amendments Auburndale 05-1 none Regular none none none 05/25/05 07/01/05 1 Future Land Use Map Amendment Auburndale 05-2 Springstead Regular 08/22/05 08/25/02 09/21/05 10/21/05 8 Future Land Use Map Amendments Bartow 05-1 Springstead Regular 05/27/05 06/15/05 07/12/05 08/16/05 7 Large Map Amends, 1 Text Amend. Davenport 05-1 Springstead Regular 06/13/05 06/16/05 07/14/05 5 Future Land Use Amends. Dundee 05-1 Springstead Regular 08/25/05 09/06/05 10/03/05 Frostproof 05-1 Springstead Regular 06/09/05 06/03/05 06/29/05 08/16/05 5 Amendments Haines City 05-2 Springstead Regular 09/29/05 10/06/05 As of November 7, 2005

Local Government Comprehensive Plan Amendment Report

DCA Comment Request DCA ORC Adopted DCA Assigned Amend. Received Letter Comments Report Amend DCA NOI In Local Government Project # Planner Type** from Gov't Received Sent Received Received Received Compliance? Comments/Issues/Objections Lake Alfred 05-1 none Regular none none none none 06/13/05 07/22/05 3 Future Land Use Map Amendments Lake Alfred 05-2 Springstead Regular 09/26/05 09/28/05 Lake Hamilton 05-1 Springstead Regular 10/12/05 10/27/05 Lake Wales 05-1 Springstead Regular 07/14/05 08/26/05 08/03/05 10/07/05 3 Future Land Use Map Amendments Lake Wales 05-2 Springstead Regular 09/22/05 Lakeland 05CPA Springstead Regular 04/28/05 05/04/05 06/07/05 07/01/05 08/11/05 09/22/05 Yes Green Swamp properties - extensive comments Lakeland 05-2 Springstead Regular 09/29/05 10/05/05 Polk City 05-1 none Regular none none none none none 10/07/05 Yes Polk City 05-2 Springstead Regular 10/03/05 Winter Haven 05-1 Springstead Regular 03/31/05 none none 06/03/05 08/10/05 09/21/05 Yes 11 Map Amends, 2 Policies Winter Haven 05-2 Springstead Regular 09/23/05 10/05/05

SARASOTA 04-2/05-1 Davies Regular 10/28/04 10/28/04 11/24/04 12/20/04 02/23/05 04/01/05 Yes 9 Amendments Sarasota 06-1 Davies Regular 10/31/05 11/03/05 2 Amendments - CIP & Text North Port 04-2/05-1 Davies Regular 08/09/04 08/10/04 09/13/04 10/15/04 06/24/05 08/10/05 No 5 Amendments City of Sarasota 05-1 Davies Regular 04/25/05 04/25/05 none* 06/24/05 *No substantive comments Venice 04-2/05-1 Davies Regular 11/17/04 11/24/04 12/06/04 none* 01/25/05 02/25/05 Yes 3 Amendments, *PRD - no ORC

SUMTER 05-01 Sanders Regular 03/25/05 04/02/05 none 06/10/05 06/26/05 06/16/05 Yes 4 Amendments Sumter 05-02 Sanders Regular 04/19/05 04/27/05 06/10/05 07/01/05 10/06/05 07/01/05 Yes Center Hill 05-01 Renner Regular 04/27/05 04/25/05 none 06/02/05 06/20/05 08/23/05 Yes 1,100 acres agriculture Center Hill 05-02 Sanders Regular 06/10/05 06/13/05 07/29/05 08/10/05 09/20/05 250 acre RV park Wildwood 05-01 Sanders Regular 06/21/05 06/08/05 08/01/05 08/11/05 1,777 acre annexation

NOTES ** Amendment Types may include: Regular DRI EAR Based Water Supply Plan

Key to Abbreviations: DCA = FL Dept. of Community Affairs ORC Report = Objections, Recommendations & Comments NOI = Notice of Intent = Determination by DCA whether amendment is in compliance with statutes and rules EAR = Evaluation and Appraisal Report DRI = Development of Regional Impact PRD = Preliminary Review Determination Page 1 of 3 As of November 7, 2005 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 CF Industries South Pasture Mine Phosphate Extension Springstead Hardee Mine 6,750 SD 6/1/05 3/3/05 No increase in water use anticipated.

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 Center Springstead Polk Commercial 130 ADA 3/1/05 7/7/05 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.

Williams Springstead Lakeland Mixed Use 255 NOPC 5/5/05 6/7/05 Lakeland Central Park Springstead Lakeland Mixed Use 718 ADA 7/15/05 Major new project proposed in eastern DeSoto Carlton Ranch Springstead DeSoto Mixed Use 5,860 ADA 8/8/05 County. SWFRPC Review suspended due to non-submittal of Isles of Athena Davies North Port Mixed Use 5,740 ADA 3/3/05 8/15/05 concurrent comp plan amendment - per DCA. Punta Gorda Town Center Davies Punta Gorda Mixed Use 195.6 Pre-App 9/21/2005 9/15/05 Pre-App only so far TBRPC 10/26/04 4/5/05 6/24/05 09/02/05 Lake Hutto Neasman Hillsborough Mixed Use 1,129 ADA 9/23/04 11/02/05 Cargill Riverview NOPC proposes changes to Development Facility Neasman Hillsborough Mining N/A NOPC 8/22/05 9/14/05 Order.

Fishhawk Ranch Neasman Hillsborough Residential 20 NOPC 1/11/05 2/4/05 4/20/05 Page 2 of 3 As of November 7, 2005 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

Summerfield 1/19/05 Crossings Neasman Hillsborough Mixed Use N/A NOPC 12/29/04 3/01/05

Southbend Neasman Hillsborough Mixed Use 401 NOPC 11/12/04 6/7/2005 3/18/05 Walden Woods Neasman Plant City Mixed Use 160 NOPC 3/7/05 5/25/05

Tampa Technology 09/13/05 Park (West) Neasman Tampa Mixed Use 1160 NOPC 8/15/05 11/04/05

Not 09/22/05 Review on 9/22/05 dealt with time extension for Apollo Beach Neasman Hillsborough Mixed Use Provided NOPC 9/8/05 10/13/05 build out.

Wolf Branch Creek Neasman Hillsborough Mixed Use 1,618 SD 9/7/05 10/18/05 12/21/04 Cypress Banks Neasman Manatee Mixed Use 991 NOPC 11/30/04 2/25/05 4/28/05 Phosphate Four Corners Mine Neasman Manatee Mine 305 NOPC 1/25/05 2/22/05 4/20/05 03/31/05 Northwest Sector Neasman Manatee Mixed Use 1,519 ADA 9/27/04 3/14/05 08/15/05 7/28/04 Heritage Harbor Neasman Manatee Mixed Use 288 NOPC 7/2/04 1/19/05 05/11/05 Creekwood Neasman Manatee Mixed Use 818 NOPC 4/18/05 07/26/05

5/31/05 Cooper Creek Neasman Manatee Mixed Use 605 NOPC 5/5/05

Two Rivers Renner Pasco Mixed Use 3,532 ADA 4/25/05 10/14/04 3/30/05 6/24/05 Epperson Ranch Renner Pasco Mixed Use 1,752 ADA 4/26/04 9/13/04 09/13/05

Pasco Town Centre Renner Pasco Mixed Use 929 ADA 6/28/04 1/28/05 2/23/05 1/28/05 5/16/05 Major project along Bruce B. Downs corridor in Wiregrass Ranch Renner Pasco Mixed Use 5,118 ADA 10/25/04 12/28/04 10/26/05 Pasco. Page 3 of 3 As of November 7, 2005 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

Ashley Glen Renner Pasco Mixed Use 260 ADA 7/25/05 Headwaters of Anclote R., drains to Starkey Starkey Ranch Renner Pasco Mixed Use 2,500 ADA 8/22/05 Wellfield

Mitchell Ranch Plaza Renner Pasco Mixed Use 126 NOPC 8/16/05 9/2/05

Connerton Renner Pasco Mixed Use 166 NOPC 8/3/05 8/23/05 Increase Office entitlements by 65K sq ft, Carillon Belangia St. Petersburg Office 180 NOPC 4/6/05 4/18/05 change name of developer. Shoppes at Park Place Belangia Pinellas Park Mixed Use 67 NOPC 4/11/05 4/22/05 Add a .44 acre parcel to the project site Bay Area Outlet Increase retail, movie theater, and residential Mall Belangia Largo Mixed Use 34 NOPC 9/27/05 10/13/05 units Increase Residential Units, Inclusion of a Gateway Centre Belangia Pinellas Park Mixed Use 558 NOPC 7/18/05 8/19/05 Museum Land Use WRPC Hickory Hill Sanders Hernando Residential 2,771 ADA 2/24/05 2/9/05 5/6/05 1,750 residential units

Citrus Hills Sanders Citrus Residential 1,132 NOPC N/A 9/9/05 09/25/05 Reduction of 75 residential units

Oak Crest Sanders Hernando Mixed Use 685 ADA 8/25/05 8/2/05 Notice of DRI Withdrawal: 10/31

Sunrise Sanders Hernando Mixed Use 1,386 ADA 1/13/05 5/17/05 06/10/05 11/01/05 4,800 residential units

Timber Pines Sanders Hernando Mixed Use 150 NOPC N/A 5/17/05 5/27/05 1,680 residential units Villages Sanders Sumter Mixed Use 15NOPC N/A 9/9/05 9/28/05 60-bed skilled nurisng facility

Key to Abbreviations: CFRPC: Central Florida Regional Planning Council WRPC: Withlacoochee Regional Planning Council SWFRPC: Southwest Florida Regional Planning Council ADA: Application for Development Approval TBRPC: Tampa Bay Regional Planning Council NOPC: Notice of Proposed Change SD: Substantial Deviation DRI: Development of Regional Impact Notes: For NOPCs and SDs, acreage shown represents the proposed change in project area Bold text indicates a change from previous report Special Event Calendar November 29, 2005 through January 23, 2006

Event Title: Wet Wild and Woodsy Date: December 10 – 11, 2005 Location: Camp Honi Hanta, Bradenton, FL Sponsoring Organization: Southwest Florida Water Management District, Girl Scouts of Gulf Coast Florida, Project WILD, Project WET Event Details: Four-in-one training opportunity. Attendees will learn exciting ways to incorporate environmental conservation and water resources into Girl Scout Activities. Contact Information: Registration is limited to 80 Girl Scout leaders, trainers and high school girls ages 14 and up. Name: Sherry Kessel (Adult workshops) Kathleen O’Leary (High School Girls workshops) Phone: 941-921-5358 Email: Sherry – [email protected] / Kathleen – [email protected]

Event Title: TECO Manatee Viewing Center 20th Anniversary Celebration Date: January 13 – 14, 2006 Location: TECO Manatee Viewing Center, Apollo Beach, FL Sponsoring Organization: Tampa Electric Company, Southwest Florida Water Management District Event Details: Join the fun at the TECO Manatee Viewing Center as it celebrates its 20th year of educating the public about Florida’s real life “mermaid” the manatee. The event includes activities, educational exhibits, games, and food. Radio Disney will be on hand to provide contests, games and lots of fun! Contact Information: TECO Manatee Viewing Center Name: Cheryl Johnson Phone: 813-630-6972 Email: [email protected]

Event Title: Tampa Bay Black Heritage Festival Date: January 14 –15, 2006 Location: Al Lopez Park, Himes Ave. and Martin Luther King, Jr. Blvd., Tampa, FL Sponsoring Organization: Tampa Bay Black Heritage Festival Event Details: The two-day Street Festival is the signature feature of this nine-day celebration, showcasing unforgettable music, a drum line exhibition, delicious cuisine, and crafts and artisans from the region and around the world demonstrating and selling their work. This year the District’s Water Conservation Restroom Station will be educating attendees on Florida-Friendly Landscaping. Contact Information: Tampa Bay Black Heritage Festival Name: William Saunders, Event Coordinator Phone: 1-888-224-1733, ext. 143 Website: www.tampablackheritage.org

Governing Board Meeting November 30 – December 1, 2005

Board meeting will begin no earlier than 12:30 p.m.

Convene Meeting of the Governing Board and Public Hearing

47. Call to Order ...... 2

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

49. Additions/Deletions to Agenda ...... 2

50. Volunteer Appreciation Awards ...... 2 Governing Board Meeting - 2 - November 30-December 1, 2005

47. 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.

48. Pledge of Allegiance and Invocation The Board Chair leads the Pledge of Allegiance to the Flag of the United States of America.

An invocation is offered.

49. 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." Items that have been added to the agenda were received by the District or deleted after publication of the regular agenda. The Board has been provided with information and District staff’s analyses of these matters. Staff has determined that, subject to Board concurrence, action must be taken on these items prior to the next Board meeting or deleted at this time.

Therefore, it is the District staff's recommendation that good cause has been demonstrated and should be considered during the Governing Board's meeting.

Staff Recommendation:

Approval of the recommended additions and deletions to the published agenda.

Presenter: David L. Moore, Executive Director

50. Volunteer Appreciation Awards The Take Pride in America Program is a national partnership established by the U.S. Department of the Interior that aims to engage, support and recognize volunteers who work to improve our public lands. The program consists of Federal, state, and local governments; conservation, youth, and recreation groups; national corporations, organizations, and individuals, dedicated to instilling a sense of volunteerism and good stewardship in all public land users.

In June 2005, District staff worked with the Take Pride in Florida branch of the aforementioned program to nominate eligible volunteers for statewide and national recognition awards. District staff nominated the South Creek Equestrian Club and Jonathon and Sharon Nolls from the Wilderness Trails Association to receive national awards for their contribution of over 4,000 volunteer hours towards stewardship of District lands since the inception of the District's volunteer program. As a result of the nominations these volunteers have received the President's Call to Service Award. This award recognizes their dedication to volunteer service and signifies that they have served their community and country with distinction. The award consists of a Congratulatory letter from the President's Council on Service and Civic Participants, Congratulatory letter from President George Bush, a formal award certificate and a commemorative pin. The Governing Board will acknowledge these prestigious awards by publicly presenting them to the recipients at the November Governing Board meeting.

Staff Recommendation:

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

Presenter: David L. Moore, Executive Director Governing Board Meeting November 30 – December 1, 2005

Consent Agenda

51. Approval of Minutes - October 25, 2005 Governing Board Meeting ...... 3 52. ERP No. 43023956.002 - The Marina at the Preserve – Charlotte County ...... 4 53. ERP No. 43028569.000 - Palmetto Plantation – Charlotte County ...... 9

54. ERP No. 49008387.028 - Tampa International Airport – RW18R High Speed Taxiway “W3,” Resurface Taxiway “W” and Extend Taxiway “A” – Hillsborough County ...... 14 55. ERP No. 43027232.001 - Ladera - Single Family Subdivision – Hillsborough County ...... 18 56. ERP No. 49027744.003 - Valencia Lakes – Hillsborough County ...... 23 57. ERP No. 43028679.000 - Elsberry South County – Hillsborough County ...... 30 58. ERP No. 43029362.000 - Bridle Path Estates – Hillsborough County ...... 35 59. ERP No. 49023624.005 - Harbour Walk, Phase III – Manatee County ...... 39 60. ERP No. 43028850.000 - Gulfview Park – Manatee County ...... 43 61. ERP No. 43029028.000 - Perico Island – Manatee County ...... 47 62. ERP No. 43029140.000 - Rainbow Springs Golf Course -Tract K – Marion County ...... 51 63. ERP No. 43023534.003 - Connerton Village 2 - Phase 1 – Pasco County ...... 56 64. ERP No. 43026515.001 - Stonegate – Pasco County ...... 62 65. ERP No. 43028985.000 - Pinellas County - Belleair Beach Causeway Bridge Replacements – Pinellas County ...... 67 66. ERP No. 43029111.000 - Pinellas County – Water Blending Facility – Pinellas County ...... 73 67. ERP No. 43024155.002 - Estates of Auburndale, Phase II – Polk County ...... 78 68. ERP No. 43028191.001 - Hallam Preserve West – Polk County ...... 83 69. ERP No. 43029113.000 - Polk County School Board – High School BBB – Polk County ...... 88 70. ERP No. 43029222.000 - Horse Creek – Polk County ...... 93 71. ERP No. 49025469.003 - Sarasota Interstate Park of Commerce, Phase 1B – Sarasota County ...... 98 72. WUP No. 20011124.003 - W F I ~ - DiMare Ruskin #2 LLC – DeSoto County ...... 103 73. WUP No. 20011181.008 - W F I S N- - Batista and Evelyn Madonia – Hillsborough and Polk Counties ...... 107 74. WUP No. 20011536.007 - W F I R+ D- - John Falkner – Manatee County ...... 111 75. WUP No. 20004257.012 - F N- - Rainbow Springs Utilities – Marion County ...... 115 76. WUP No. 20002978.010 - W F ~ - Lindrick Service Corporation – Pasco County [Denial] ...... 119 77. WUP No. 20005015.005 - W F I N- - Alico Inc. – Polk County ...... 121

S = Surface Withdrawal D+ = More than 50% decrease U = Surficial Aquifer D- = 50% or less decrease ~ = no change R = 100% relocated quantities R+ = More than 50% but less than 100% relocated quantities R- = 50% or less relocated quantities Consent Agenda November 30-December 1, 2005

78. Consent Order - Surface Water Activity - U.S.A. International Speedway, Inc. – Polk County ...... 125 79. Consent Order - Surface Water Activity - Marcia Associates, L.L.C. – Sarasota County ...... 127 80. Consent Order - Surface Water Activity - Heritage Pines Community Association, Inc. – Pasco County ...... 129 81. Consent Order - WUP Nos. 20003657.002 and .003 - Mainlands of Tamarac by the Gulf – Pinellas County ...... 130 82. Settlement Agreement - Surface Water Activity - SWFWMD v. Mid-Florida Portable Toilet Services, Inc. (Civil Case No. 04-345CCS) – Highlands County ...... 132 83. Initiation of Litigation - WUP No. 2001760.002 - Dollar Golf, Inc. – Hernando County ...... 133 84. Initiation of Litigation - Well Contractor License No. 2215 - Anthony Holt – Polk County ...... 134

- 2 - Consent Agenda November 30-December 1, 2005

51. Approval of Minutes - October 25, 2005 Governing Board Meeting

Staff Recommendation: See Exhibit 51

Approval of the minutes as presented.

- 3 - Consent Agenda November 30-December 1, 2005

CONSENT ITEMS

DISCUSSION PAPER 52. ENVIRONMENTAL RESOURCE APPLICATION NO. 43023956.002 The Marina at the Preserve

SUMMARY

• Project Type:

Construction of a 42-slip dock to serve the upland development of the Peace River Preserve, ERP No. 44023956.000.

• Location:

The proposed dock will be located on the north bank of the Peace River, approximately 0.1 mile east of U.S. 41, in Charlotte County.

• Surface Water Management System:

Engineering

Quantity/Quality

The facility meets water quality flushing requirements.

100-Year Floodplain

No adverse impacts to the FEMA floodplain are anticipated by the dock construction.

Environmental

The project area occupies 1.95 acres of surface waters comprising a portion of the Peace River, a Class III water body.

Temporary impacts are proposed to 1.95 acres of surface waters for the construction of a multi-slip docking facility.

No mitigation is required.

• Meets Rule Requirements. Staff recommends approval.

- 4 - Consent Agenda November 30-December 1, 2005

- 5 - Environmental Resource Permit Summary Default Date: January 12, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT (ERP) AND SOVEREIGN SUBMERGED LAND AUTHORIZATION (SL) INDIVIDUAL CONSTRUCTION SURFACE WATER MANAGEMENT SYSTEMS PERMIT NO. 43023956.002 AND SOVEREIGNTY LANDS STANDARD LEASE

ERP Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005 SL Expiration Date: N/A

This permit, issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and Chapter 40D-4, Florida Administrative Code, (F.A.C.), authorizes the Permittee to perform the work outlined herein and shown by the application, approved drawings, plans, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District).

Authorization is granted to use sovereign submerged lands as outlined herein and shown by the application, approved drawings, plans, and other documents attached hereto and kept on file at the District under the provisions of Chapter 253, F.S., and Chapter 18-21, F.A.C., as well as the policies of the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees). This approval does not disclaim any title interests that the Board of Trustees may have in the project site. Any subsequent authorizations by the Board of Trustees or its designated agents may contain conditions necessary to satisfy the fiduciary responsibilities of the Board of Trustees as well as other applicable statutory or rule requirements implemented by the Department of Environmental Protection's Division of State Lands or other governmental agencies authorized by Florida Statutes.

All construction, operation, and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this permit.

PROJECT NAME: The Marina at the Preserve

GRANTED TO: Charlotte Harbor Development, LLC 989 Tamiami Trail Port Charlotte, FL 33953

ABSTRACT: This permit authorizes the construction of a 42-slip dock to serve the upland development of The Peace River Preserve (Environmental Resource Permit [ERP] No. 44023956.000). The project is located on the north bank of the Peace River, approximately 0.1 mile east of U.S. 41, in Charlotte County. Information regarding the surface water management system, 100-year floodplain and wetlands is contained within the tables below.

OP. & MAINT. ENTITY: Peace River Preserve Condominium Association, Inc.

COUNTY: Charlotte

WATERBODY NAME: Peace River

AQUATIC PRESERVE: N/A

SEC/TWP/RGE: 36/40S/22E

TOTAL ACRES OWNED OR UNDER CONTROL: 8.94

PROJECT SIZE: 1.95 Acres

- 6 - Permit No.: 43023956.002 Project Name: The Marina at the Preserve

LAND USE: Multi-family Residential

DATE APPLICATION FILED: January 27, 2005

AMENDED DATE: October 14, 2005

I. Water Quantity/Quality

Comments: The District's Basis of Review Section 3.2.4.3 requires a hydrographic analysis for docking facilities greater than 10-boat slips. A flushing analysis was performed for the proposed 42-slip dock, and the flushing time to reduce the concentration of a conservative pollutant to ten percent of its original concentration was modeled to be approximately 36 hours. This flushing time is within the desired maximum flushing time of 96 hours.

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

II. 100-Year Floodplain

Comments: No adverse impacts to the FEMA floodplain are anticipated by the dock construction.

III. Environmental Considerations

Wetland Information: NOT TEMPORARILY PERMANENTLY TOTAL IMPACTED DISTURBED DESTROYED WETLAND NO. AC. AC. AC. AC. Peace River 1.95 0.00 1.95 0.00 TOTAL 1.95 0.00 1.95 0.00

Comments: The project area occupies 1.95 acres of surface waters comprising a portion of the Peace River, a Class III water body. Temporary impacts are proposed to 1.95 acres of surface waters for the construction of the 42-slip docking facility. Due to the limited vegetation present, the wetland impacts associated with the dock construction are less than 50 square feet, and are considered de minimis.

Mitigation Information:

Comments: No mitigation is required.

Watershed Name: Peace River

A regulatory conservation easement is not required.

- 7 - Permit No.: 43023956.002 Project Name: The Marina at the Preserve

IV. Sovereign Submerged Lands

ACTIVITY PREEMPTED AREA DREDGED NO. OF SLIPS 9 docks, 3 slips or more 49,637 square feet -0- cubic yards 42 TOTALS: 49,637 square feet -0- cubic yards 42

Shoreline Length: 1,707 feet

A proprietary conservation easement is required.

- 8 -

CONSENT ITEMS

DISCUSSION PAPER 53. ENVIRONMENTAL RESOURCE APPLICATION NO. 43028569.000 Palmetto Plantation (fka Riva Del Sole)

SUMMARY

• Project Type:

This permit authorizes the construction of a surface water management system to serve a 24.72-acre residential development with an associated dock with 32 boat slips adjacent to Shell Creek.

• Location:

The project is located about 0.5 mile east of U.S. Highway 17 on Riverside Drive, Punta Gorda, Charlotte County.

• Surface Water Management System:

Engineering

Quality/Quantity

Ten effluent filtration systems with man-made underdrains provide water quality treatment. Attenuation is not required based on the discharge occurring to unrestricted tidal waters.

100-Year Floodplain

The project area is outside of the riverine FEMA 100-year floodplain.

Environmental

The project area contains 4.94 acres of mangrove and herbaceous wetlands and a 0.14-acre portion of Shell Creek.

Permanent impacts are proposed to 3.87 acres of mangrove and herbaceous wetlands.

Temporary impacts are proposed to 0.01 acre of surface waters comprising Shell Creek for the construction of a multi-slip docking facility.

Mitigation for impacts will be provided by the purchase of 1.66 herbaceous freshwater and mangrove credits from the Little Pine Island Mitigation Bank.

• Meets Rule Requirements. Staff recommends approval.

- 9 -

- 10 - Environmental Resource Permit Summary Default Date: January 12, 2006

ERP Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005 SL Expiration Date: N/A

PROJECT NAME: Palmetto Plantation (fka Riva Del Sole)

GRANTED TO: Riva Del Sole, LLC 5746 Seven Oaks Court, Suite 200 Minnetonka, MN 55345

ABSTRACT: This permit authorizes the construction of a surface water management system to serve a 24.72-acre residential development and associated dock with 32 boat slips adjacent to Shell Creek. The project is located about 0.5 mile east of U.S. Highway 17 on Riverside Drive, Punta Gorda, in Charlotte County. Information regarding the surface water management system, 100-year floodplain, and wetlands is contained within the tables below.

OP. & MAINT. ENTITY: Palmetto Plantation Homeowners' Association

COUNTY: Charlotte

WATERBODY NAME: Shell Creek

AQUATIC PRESERVE: N/A

SEC/TWP/RGE: 25,26/40S/23E

TOTAL ACRES OWNED OR UNDER CONTROL: 25.62

PROJECT SIZE: 24.72 Acres

LAND USE: Residential

- 11 - Permit No.: 43028569.000 Project Name: Palmetto Plantation (fka Riva Del Sole)

DATE APPLICATION FILED: March 18, 2005

AMENDED DATE: N/A

I. Water Quantity/Quality

AREA POND NO. ACRES @ TOP OF BANK TREATMENT TYPE 1 0.09 Effluent Filtration 2 0.18 Effluent Filtration 3 0.16 Effluent Filtration 4 0.16 Effluent Filtration 5 0.07 Effluent Filtration 6 0.07 Effluent Filtration 7 0.05 Effluent Filtration 8 0.09 Effluent Filtration 9 0.07 Effluent Filtration 10 0.05 Effluent Filtration TOTAL 0.99

A mixing zone is not required.

A variance is not required.

II. 100-Year Floodplain

Comments: There are no FEMA floodplains located within the project area.

III. Environmental Considerations

Wetland Information: NOT TEMPORARILY PERMANENTLY TOTAL IMPACTED DISTURBED DESTROYED WETLAND NO. AC. AC. AC. AC. WL 1* 4.67 1.07 0.00 3.60 WL 2* 0.27 0.00 0.00 0.27 Shell Creek 0.14 0.13 0.01 0.00 TOTAL 5.08 1.20 0.01 3.87

Comments: The project area contains 4.94 acres of mangrove and herbaceous wetlands and a 0.14-acre portion of Shell Creek. Permanent impacts are proposed to 3.87 acres of mangrove and herbaceous wetlands. Temporary impacts are proposed to 0.01 acre of surface waters comprising Shell Creek for the construction of a multi-slip docking facility. Wetland areas marked with * refers to those wetlands that extend outside the project area.

- 12 - Permit No.: 43028569.000 Project Name: Palmetto Plantation (fka Riva Del Sole)

Mitigation Information: CREATED/ UPLAND ENHANCED WETLANDS MISC. MITI. AREA NO. RESTORED PRESERVED WETLAND PRESERVED AC. AC. AC. AC. AC. F 1 0.00 0.00 0.00 0.00 1.51 M 2 0.00 0.00 0.00 0.00 0.15 TOTAL 0.00 0.00 0.00 0.00 1.66 NET CHANGE -3.87 OTHER MITIGATION TOTAL 1.66

Comments: Mitigation for impacts will be provided by the purchase of 1.66 herbaceous freshwater and mangrove credits from the Little Pine Island Mitigation Bank. Pursuant to Section 373.414(18)(b), F.S., the impacts were evaluated using the functional assessment method originally approved for the Little Pine Island Mitigation Bank. The results of this separate analysis indicate that 1.51 freshwater herbaceous credits and 0.15 mangrove credits from this bank will replace the 3.87 acres of wetlands required to be mitigated.

Watershed Name: Peace River

A regulatory conservation easement is not required.

IV. Sovereign Submerged Lands

ACTIVITY PREEMPTED AREA DREDGED NO. OF SLIPS

9 Docks, 3 Slips or More 5,558 square feet -0- 32 TOTALS: 5,558 square feet -0-cubic yards 32

Waterbody Name: Shell Creek Shoreline Length: 593.54 Feet

A proprietary conservation easement is not required.

- 13 -

CONSENT ITEMS

DISCUSSION PAPER 54. ENVIRONMENTAL RESOURCE APPLICATION NO. 49008387.028 Tampa International Airport - RW18R High Speed Taxiway "W-3", Resurface Taxiway "W" and Extend Taxiway "A"

SUMMARY

• Project Type:

This Individual permit is the construction of a high-speed taxiway, the resurfacing of Taxiway “W” and the extension of Taxiway “A” (now known as Taxiway “V”).

• Location:

The project site lies within Sections 7 and 18, Township 29 South, and Range 18 East in Hillsborough County, east of Veterans Expressway and north of West Spruce Street.

• Surface Water Management System:

Engineering

Equivalent treatment will be utilized. Five on-line retention areas will treat 8.71 acres of existing, untreated pavement area in lieu of treating the new 8.23 acres of pavement area. Attenuation was not required since the project drains to a tidally influenced ditch.

Environmental

This project will permanently impact 2.20 acres of wetlands (WL-8). Offsite mitigation will be constructed as per the approved Florida Department of Transportation (FDOT) mitigation program pursuant to Chapter 373.4137, Florida Statutes.

• Meets Rule Requirements. Staff recommends approval.

- 14 -

- 15 - Environmental Resource Permit Summary Default Date: December 11, 2005

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 49008387.028

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

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

PROJECT NAME: Tampa International Airport - RW18R High Speed Taxiway "W-3", Resurface Taxiway "W" and Extend Taxiway "A"

GRANTED TO: Hillsborough County Aviation Authority Post Office Box 22287 Tampa, FL 33622

ABSTRACT: This Individual permit authorization is for the construction of a new high-speed taxiway, Taxiway W-3, for Runway 18R, the resurfacing of Taxiway W and the extension of Taxiway A (now known as Taxiway V). The high-speed taxiway and extension of Taxiway V will allow airplanes to exit or enter at a convenient point and reduce resident times on the runway for airplanes taking-off and landing. The extension of Taxiway V will require the filling of the existing drainage ditch with two 84-inch reinforced concrete pipes and the modification of an existing pond and outfall structure. It was demonstrated that the volume of the reconfigured pond would be the same as the volume of the existing pond. The resurfacing of Taxiway W is a maintenance activity. This project will result in 8.23 acres of additional impervious area. It was not feasible to provide water quality treatment adjacent to the new pavement areas, nor was it feasible to separate new pavement from old pavement. Therefore, equivalent treatment is being provided. The first half-inch of runoff from 8.71 acres of existing, untreated pavement will be treated in five new on-line retention areas. The project area drains to the primary drainage system, a tidally influenced ditch, then to the Spruce Street Outfall to Old Tampa Bay. Therefore, water quantity attenuation was not required.

OP. & MAINT. ENTITY: Hillsborough County Aviation Authority

COUNTY: Hillsborough

SEC/TWP/RGE: 07, 18/29S/18E

TOTAL ACRES OWNED OR UNDER CONTROL: 3,300.00

PROJECT SIZE: 46.97 Acres

LAND USE: Government

DATE APPLICATION FILED: April 28, 2005

AMENDED DATE: N/A

- 16 - Permit No.: 49008387.028 Project Name: Tampa International Airport - RW18R High Speed Taxiway "W-3", Resurface Taxiway "W" and Extend Taxiway "A"

I. Water Quantity/Quality

AREA POND NO. ACRES @ TOP OF BANK TREATMENT TYPE A4-30 0.25 On-Line Retention CB-9 0.07 On-Line Retention A3-02 0.13 On-Line Retention A3-06 0.10 On-Line Retention A2-14 0.12 On-Line Retention TOTAL 0.67

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 Information NOT TEMPORARILY PERMANENTLY TOTAL IMPACTED DISTURBED DESTROYED WETLAND NO. AC. AC. AC. AC. WL-8 13.36 11.16 0.00 2.20 TOTAL 13.36 11.16 0.00 2.20

Comments: The ERP Conceptual Permit for the Tampa International Airport 20-year Master Plan, ERP No. 49008387.010, approved a 3.00-acre impact to Wetland WL-8. This permit authorizes a 2.20-acre permanent impact to WL-8.

Mitigation Information

Mitigation for the permanent wetland impacts will be constructed per the approved FDOT mitigation program, Chapter 373.4137, F.S.

Watershed Name: Tampa Bay Drainage

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 17 -

CONSENT ITEMS

DISCUSSION PAPER 55. ENVIRONMENTAL RESOURCE APPLICATION NO. 43027232.001 Ladera - Single Family Subdivision

SUMMARY

• Project Type:

Individual Construction Permit for the construction of a 229-acre, 168-lot single-family residential subdivision and the associated stormwater management facilities.

• Location:

The project is located in Sections 22 and 23, Township 27 South, and Range 18 East, south of Van Dyke Road and west of Simmons Road, in Tampa, in Hillsborough County.

• Surface Water Management System:

Engineering

Water quality treatment and quantity attenuation are provided in three proposed wet detention ponds and two on-site wetland conservation areas.

Floodplain encroachments are demonstrated to have no adverse on-site or off-site impacts through storage modeling.

Environmental

There are 69.66 acres of forested and herbaceous wetlands within the project area. The construction of the residential development will permanently impact 0.47 acre and temporarily impact 0.35 acre of forested/herbaceous wetlands. The wetland impacts will be mitigated by restoring the hydrology in the Lake Merrywater and the adjacent wetlands and by the removal and maintenance of nuisance plant species in the wetlands. The wetland mitigation was reviewed utilizing the UMAM.

• Meets Rule Requirements. Staff recommends approval.

- 18 -

- 19 - Environmental Resource Permit Summary Default Date: December 25, 2005

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43027232.001

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Ladera - Single Family Subdivision

GRANTED TO: Taylor Woodrow Homes - Central Florida Division 2610 South Falkenburg Road Riverview, FL 33569-2553

ABSTRACT: The proposed project is a 229-acre, 168-lot single family residential subdivision located in Hillsborough County, south of Van Dyke Road, and west of Simmons Road. A proposed surface water management system is to provide stormwater attenuation and water quality treatment by wet detention. Riverine floodplain encroachments are proposed.

There are 69.66 acres of forested and herbaceous wetlands within the project area. The construction of the residential development will permanently impact 0.47 acre and temporarily impact 0.35 acre of forested/herbaceous wetlands. The wetland impacts will be mitigated by restoring the hydrology in Lake Merrywater and the adjacent wetlands and by the removal and maintenance of nuisance plant species in the wetlands.

OP. & MAINT. ENTITY: Taylor Woodrow Homes - Central Florida Division

COUNTY: Hillsborough

SEC/TWP/RGE: 22, 23/27S/18E

TOTAL ACRES OWNED OR UNDER CONTROL: 229.00

PROJECT SIZE: 229.00 Acres

LAND USE: Residential

DATE APPLICATION FILED: January 14, 2005

AMENDED DATE: September 26, 2005

- 20 - Permit No.: 43027232.001 Project Name: Ladera – Single Family Subdivision

I. Water Quantity/Quality

AREA POND NO. ACRES @ TOP OF BANK TREATMENT TYPE A 4.28 Wet Detention C 2.19 Wet Detention C3 1.57 Wet Detention F 1.86 Wet Detention M-G 20.10 Wet Detention TOTAL 30.00

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) 3.18 0.83 SM 0.00

SM = Storage Modeling hydrographs of pond and receiving stages indicate timing separation.

Comments: Expansion of Wetlands C, B, B2 and F will provide floodplain storage by excavation within 100-year floodplain. The calculations demonstrate no increase in onsite, upstream or downstream peak stages up to the 100-year/24-hour storm event through storage modeling of the ponds and the receiving waters.

III. Environmental Considerations

Wetland Information: NOT TEMPORARILY PERMANENTLY TOTAL IMPACTED DISTURBED DESTROYED WETLAND NO. AC. AC. AC. AC. A 0.92 0.92 0.00 0.00 B 33.50 33.48 0.00 0.02 B1 0.48 0.48 0.00 0.00 B2 4.70 4.18 0.12 0.40 C 15.52 15.52 0.00 0.00 E 2.19 2.19 0.00 0.00 F 0.44 0.23 0.21 0.00 G 4.79 4.77 0.02 0.00 H 1.30 1.30 0.00 0.00 I 3.34 3.29 0.00 0.05 K 0.67 0.67 0.00 0.00 L 0.24 0.24 0.00 0.00 M 1.28 1.28 0.00 0.00 N 0.29 0.29 0.00 0.00 TOTAL 69.66 68.84 0.35 0.47

Comments: There are 69.66 acres of forested and herbaceous wetlands within the project area. The construction of the residential development will permanently impact 0.47 acre and temporarily impact 0.35 acre of forested/herbaceous wetlands. The wetland impacts will be

- 21 - Permit No.: 43027232.001 Project Name: Ladera – Single Family Subdivision

mitigated by restoring the hydrology in Lake Merrywater and the adjacent wetlands and by the removal and maintenance of nuisance plant species in the wetlands. The wetland mitigation was reviewed utilizing the UMAM. The proposed mitigation will provide 3.78 units of functional gain to offset 0.18 unit of functional loss.

Watershed Name: Tampa Bay Drainage

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 22 -

CONSENT ITEMS

DISCUSSION PAPER 56. ENVIRONMENTAL RESOURCE APPLICATION NO. 49027744.003 Valencia Lakes

SUMMARY

● Project Type:

Conceptual Permit for the phased development of a 1,292-acre, 2,794-lot residential subdivision and 8,370 linear feet of future widening for U.S. 301.

● Location:

The project is located in Hillsborough County approximately 0.25 mile northeast of the intersection of SR 674 and U.S. Highway 301 in Section 32, Township 31 South, Range 20 East and Sections 5 & 8, Township 32 South, Range 20 East.

● Surface Water Management System:

Engineering

Water quality treatment and attenuation will be provided by a combination of isolated wetland treatment and wet detention.

100-Year Floodplain

Calculations show that peak runoff rates and off-site stages for the 100-year/24-hour design storm event will be less than existing conditions. Approximately 67 acre-feet of fill will be compensated by greater than 77 acre-feet of excavation.

Environmental

The 1,292 acre project area contains 175 acres of wetlands and surface waters. Approximately 18.47 acres of permanent impacts will result from the project, of which 10.99 are ditched wetland areas, 0.59 acre are wetlands and 6.89 are other surface waters.

To mitigate the wetland impacts, the Permittee proposes 93.62-acre wetland enhancement.

In addition, approximately 135 acres of predominantly forested wetlands will be preserved in a Conservation Easement and a minimum 20-foot wide wildlife corridor, planted with native non- nuisance trees, shrubs and herbaceous vegetation will also be provided.

● Meets Rule Requirements. Staff recommends approval.

- 23 -

- 24 - Environmental Resource Permit Summary Default Date: January 16, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE CONCEPTUAL PERMIT NO. 49027744.003

Expiration Date: November 30, 2007 PERMIT ISSUE DATE: November 30, 2005

This permit is issued under the provisions of Chapter 373, Florida Statutes (F.S.), and the Rules contained in Chapter 40D-4 and 40, Florida Administrative Code (F.A.C.). The permit authorizes the Permittee to use the information outlined herein and shown by the application, approved drawings, plans, specifications and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District), to proceed with further applications for construction permitting.

PROJECT NAME: Valencia Lakes

GRANTED TO: Hillsborough County Associates II, LLLP, Hillsborough County Associates III, LLLP, and Hillsborough County Associates IV, LLLP 1401 University Drive, Suite 200 Coral Springs, FL 33071

ABSTRACT: This conceptual permit authorizes the future phased development of a 1,292-acre, 2,794- lot residential subdivision with entrance drives and associated infrastructure. A permit will be required, prior to construction of each phase. Calculations were provided that demonstrate a combination of isolated wetland systems on-site and proposed wet detention ponds will provide treatment and attenuation for the project. The proposed storm water management system will also provide additional treatment and attenuation to offset the future widening of approximately 8,370 linear feet U.S. 301.

The 1,292-acre project area contains 44 wetland and surface water areas that total 175 acres. A Formal Determination of Wetlands and Other Surface Waters permit, issued on April 11, 2005, approved the landward extent of the wetlands and surface waters. Most of the upland and wetland cut ditches will be filled. Permanent impacts from the construction of the infrastructure and the storm water treatment facilities total 18.47 acres, of which 10.99 are ditched wetland areas, 0.59 acre are wetlands, and 6.89 acres are other surface waters.

OP. & MAINT. ENTITY: Hillsborough County Associates II, LLLP, Hillsborough County Associates III, LLLP, and Hillsborough County Associates IV, LLLP

COUNTY: Hillsborough

SEC/TWP/RGE: 32/31S/20E; 5, 8/32S/20E

TOTAL ACRES OWNED OR UNDER CONTROL: 1,291.60

PROJECT SIZE: 1,291.60 Acres

LAND USE: Residential

DATE APPLICATION FILED: June 24, 2005

AMENDED DATE: N/A

- 25 - Permit No.: 49027744.003 Project Name: Valencia Lakes

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 234E 5.52 N/A 250P-1 2.01 Wet Detention 251P-1 (OSW 3) 0.93 Wet Detention 252P-1 0.44 N/A 265P-1 2.62 N/A 275P-1 1.88 Wet Detention 295P-1 3.13 Wet Detention 300P-1 3.71 N/A 310P-1 2.35 Wet Detention 315P-1 39.20 Wet Detention 320P-1 1.19 Wet Detention 330/335P 4.61 Wet Detention 341P-1 1.92 N/A 1000P 2.55 Wet Detention 1005P 3.39 N/A 1015P 3.96 Wet Detention 1020P 3.28 Wet Detention 1025P 1.14 N/A 1030P 1.02 Wet Detention 1035P 3.91 N/A 1040P 1.83 N/A 1045P 2.34 N/A 1050P 1.55 N/A 1055P 2.50 N/A 1060P 2.41 N/A 1090P (WCA 5) 8.00 Wet Detention 1095P 1.20 N/A 1120P (WCA 10) 23.00 Wet Detention 1130P 0.99 N/A 1160P 3.95 N/A 1165P (WCA 10) 6.50 N/A 1170P 2.27 N/A 1190P 3.49 N/A 1200P 2.20 N/A 1205P 1.75 Wet Detention 1210P (WCA 11) 12.55 Wet Detention

- 26 - Permit No.: 49027744.003 Project Name: Valencia Lakes

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 1211P (WCA 12) 9.25 Wet Detention 1215P 1.87 N/A 1220P 6.05 N/A 1226P 3.48 N/A 1230P 2.24 N/A 1233P (WCA 16) 6.66 N/A 1234P (WCA 13) 13.40 N/A 1235P (WCA 16) 50.10 Wet Detention 1240P 2.47 N/A 1245P 5.58 N/A 1247P 2.24 N/A 1250P 3.37 Wet Detention 1255P 3.36 N/A 1260P 3.74 Wet Detention 1265P 1.63 N/A 1266P (WCA 16) 15.00 Wet Detention 1270P 1.47 N/A 1275P 3.24 N/A 1280P 4.57 N/A 1285P 0.51 N/A 1290P 1.59 N/A 1295P 3.32 N/A 1300P 2.36 N/A 1305P 2.41 N/A 1310P 0.89 N/A 1315P 1.70 N/A 1316P 0.47 N/A 1320P 1.00 N/A 1325P 1.27 N/A 1330P 1.67 N/A 1331P 0.30 N/A 1335P 1.20 N/A 1340P 1.55 N/A 3295P 0.50 Wet Detention 3234P 3.00 Wet Detention FDOT-1 0.53 Wet Detention FDOT-2 0.36 Wet Detention

- 27 - Permit No.: 49027744.003 Project Name: Valencia Lakes

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK FDOT-3 0.53 Wet Detention FDOT-4 0.43 Wet Detention TOTAL 330.60

Comments: Water quantity calculations were provided that demonstrate peak discharge rates for the 25-year/24-hour design storm event will be less than existing conditions for each of the twelve separate outfall locations. Water quality calculations show that the required treatment volume will be provided via a combination of isolated wetland treatment and wet detention.

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) 67.00 >77.00 EE N/A

EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review.

Comments: Calculations show that peak runoff rates and off-site stages for the 100-year/24-hour design storm event will be less than existing conditions. Approximately 67 acre-feet of fill will be compensated by greater than 77 acre-feet of excavation.

III. Environmental Considerations

The 1,292-acre project area contains 44 wetland and surface water areas that total 175 acres. A Formal Determination of Wetlands and Other Surface Waters permit, issued on April 11, 2005, approved the landward extent of the wetlands and surface waters. The entire project area has been historically used as an agricultural area and has been impacted by the construction of drainage ditches, many which are interconnected with the wetlands. Most of the upland and wetland cut ditches will be filled. Permanent impacts from the construction of the infrastructure and the storm water treatment facilities total 18.47 acres, of which 10.99 are ditched wetland areas and 0.59 acres are wetlands and 6.89 acres other surface waters.

Mitigation Information

To offset the permanent wetland impacts the restoration of the hydrology in the wetlands will be conducted, resulting in increased wetland functions and habitat values. Storm water runoff will be treated in seven of the largest wetlands, after pre-treatment in sediment sumps. The 93.62 acre wetland enhancement for mitigation was determined utilizing the Uniform Mitigation Assessment Method (UMAM) and will provide 8.85 units of functional gain to offset the 8.66 units of functional loss for the wetland and surface water impacts.

- 28 - Permit No.: 49027744.003 Project Name: Valencia Lakes

Additionally, approximately 135 acres of predominantly forested wetlands will be preserved in a Conservation Easement. Potential impacts to wetland buffers from regrading and restoration will be considered, with an average 37.7 foot wide wetland buffer proposed following construction. A minimum 20-foot wide wildlife corridor, planted with native non-nuisance trees, shrubs and herbaceous vegetation will also be provided.

Watershed Name: Tampa Bay Drainage

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 29 -

CONSENT ITEMS

DISCUSSION PAPER 57. ENVIRONMENTAL RESOURCE APPLICATION NO. 43028679.000 Elsberry South County

SUMMARY

• Project Type:

This permit is for the construction of a 169-acre, 489-unit single-family residential subdivision with a commercial out parcel.

• Location:

The project is located in Sections 22 and 27, Township 31 South, Range 19 East in southern Hillsborough County on the east side of U.S. 41 at Apollo Beach Boulevard.

• Surface Water Management System:

Engineering

There are nine wet detention ponds proposed for attenuation and water quality treatment. In addition, there is one pond proposed for mitigation of 100-year floodplain encroachment.

Environmental

There are surface water ditches and ponds as well as an interconnected wetland within the project boundary. Impacts are proposed for the surface waters only, therefore mitigation is not required.

• Meets Rule Requirements. Staff recommends approval.

- 30 -

- 31 - Environmental Resource Permit Summary Default Date: December 5, 2005

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43028679.000

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Elsberry South County

GRANTED TO: Pulte Home Corporation 3810 Northdale Boulevard, Suite 100 Tampa, FL 33624

ABSTRACT: This permit is for the construction of a 169-acre, 489-unit single-family residential subdivision with a commercial out parcel. There are nine wet detention ponds proposed for attenuation and water quality treatment and one pond proposed for mitigation of floodplain encroachment. There are surface water ditches and ponds as well as an interconnected wetland system within the project boundary. Approximately 3.66 acres of upland cut ditches (3.44 acres) and an isolated surface water pond (0.22 acre) will be impacted by this project. These surface waters do not provide significant wetland habitat; therefore, mitigation for these impacts will not be required. The water quality treatment provided by the surface water ditches and pond will be offset in the proposed stormwater treatment system.

OP. & MAINT. ENTITY: Pulte Home Corporation

COUNTY: Hillsborough

SEC/TWP/RGE: 22, 27/31S/19E

TOTAL ACRES OWNED OR UNDER CONTROL: 169.25

PROJECT SIZE: 169.25 Acres

LAND USE: Residential

DATE APPLICATION FILED: April 8, 2005

AMENDED DATE: September 6, 2005

- 32 - Permit No.: 43028679.000 Project Name: Elsberry South County

I. Water Quantity/Quality

AREA POND NO. ACRES @ TOP OF BANK TREATMENT TYPE A 2.23 Wet Detention B 2.21 Wet Detention C 2.86 Wet Detention D 3.44 Wet Detention E 2.83 Wet Detention F 1.80 Wet Detention G 2.57 Wet Detention H 2.09 Wet Detention J 3.29 Wet Detention TOTAL 23.32

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) 3.47 3.49 EE N/A

EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review.

III. Environmental Considerations

Wetland Information: NOT TEMPORARILY PERMANENTLY TOTAL IMPACTED DISTURBED DESTROYED WETLAND NO. AC. AC. AC. AC. 3 1.71 1.71 0.00 0.00 TOTAL 1.71 1.71 0.00 0.00

Comments: The project area consists of surface water ditches and ponds as well as an interconnected wetland area within the property boundary. Surface Water Ditches D-1, D-2, D-3, D-4, D-5, D5A, D-5B, D-7, D-8 and Wetland 1 are existing agricultural and roadside ditches that have a dominant vegetation of Brazilian pepper (Schinus terebinthifolius), cattails (Typha spp.), dog fennel (Eupatorium spp.), day flower (Commelina spp.), water-primrose (Ludwigia peruviana), and stinkweed (Pluchea rosea). The ditches do not provide significant wetland or wildlife habitat and approximately 3.44 acres of these ditches will be impacted during the proposed construction activity. Wetland 2 is a 0.47- acre surface water irrigation pond with vegetation consisting of alligator weed (Alternanthera philoxeroides) and wax myrtles (Myrica cerifera). Wetland 2 will not be impacted during construction. The area labeled as Pit P-1 is an isolated 0.22-acre pond dominated by Brazilian pepper (Schinus terebinthifolius) and duckweed (Lemna valdiviana). Pit P-1 will be impacted during the proposed construction activity. No wetland mitigation is required for the impact to Pit P-1 pursuant to Basis of Review, Subsection 3.2.2.1. Wetland 3 and Surface Water Ditch D-6 are associated with an interconnected wetland system.

- 33 - Permit No.: 43028679.000 Project Name: Elsberry South County

Wetland 3 is 1.71 acres in size and the dominant vegetation within the system consists of Brazilian pepper (Schinus terebinthifolius),laurel oak (Quercus laurifolia), swamp fern (Blechnum serrulatum),loblolly bay (Gordonia lasianthus),Carolina willow (Salix caroliniana), Virginia chain fern (Woodwardia virginica),and duckweed (Lemna valdiviana).

Surface Water Ditch D-6 is 0.12-acre in size and consists of similar wetland vegetation found in Wetland 3. Surface Water Ditch D-6 and Wetland 3 will not be impacted during the proposed construction activity. No wetland mitigation is required for the proposed impacts because the existing surface waters, other than Ditch D-6, do not provide significant wetland habitat. The water quality treatment provided by the surface water ditches and pond will be offset in the stormwater treatment system.

Watershed Name: Tampa Bay Drainage

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 34 -

CONSENT ITEMS

DISCUSSION PAPER 58. ENVIRONMENTAL RESOURCE APPLICATION NO. 43029362.000 Bridle Path Estates

SUMMARY

● Project Type:

An Individual Permit for the development of a 440-acre, 84-lot single-family subdivision and an equestrian center.

● Location:

The project is located in southern Hillsborough County in Sections 26 & 27, Township 32 South, Range 18 East, east of U.S. 41 and one mile north of the Hillsborough and Manatee County Line.

● Surface Water Management System:

Engineering

There are three wet detention ponds proposed for attenuation and water quality treatment.

Environmental

The project area consists mostly of surface water ditches and isolated upland cut ponds less than one acre in size. The surface waters to be impacted are highly disturbed and do not provide significant wildlife habitat; therefore, no wetland mitigation is required.

● Meets Rule Requirements. Staff recommends approval.

- 35 -

- 36 - Environmental Resource Permit Summary Default Date: January 10, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43029362.000

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Bridle Path Estates

GRANTED TO: CL Realty, LLC 290 - 9th Street North, Suite 201 St. Petersburg, FL 33705

ABSTRACT: This permit is for the development of a 440-acre, 84-lot single-family subdivision, the associated infrastructure, an equestrian center, and three wet detention ponds. The project area consists mostly of surface water ditches and isolated upland cut ponds less than one acre in size. The surface waters to be impacted are highly disturbed and do not provide significant wildlife habitat; therefore, no wetland mitigation is required.

OP. & MAINT. ENTITY: CL Realty, LLC

COUNTY: Hillsborough

SEC/TWP/RGE: 26, 27/32S/18E

TOTAL ACRES OWNED OR UNDER CONTROL: 439.67

PROJECT SIZE: 402.98 Acres

LAND USE: Residential

DATE APPLICATION FILED: August 11, 2005

AMENDED DATE: N/A

- 37 - Permit No.: 43029362.000 Project Name: Bridle Path Estates

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 100 4.09 Wet Detention 200 55.10 Wet Detention 201 14.57 Wet Detention TOTAL 73.76

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 Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC.

3 0.88 0.88 0.00 0.00 Wildcat Creek 4.52 4.52 0.00 0.00 TOTAL 5.40 5.40 0.00 0.00

Comments: The project site is an abandoned citrus grove with approximately 30.18 acres of existing surface waters to be impacted by the proposed project. The project area consists mostly of surface water ditches and isolated upland cut ponds less than one acre in size. The vegetation within the surface water ditches and upland cut ponds to be impacted consists of water-primrose (Ludwigia peruviana), cattails (Typha spp.), water lettuce (Pistia stratiotes), and para grass (Brachiaria mutica). Wetland "3" is a 0.88 acre isolated wetland system and will not be impacted during the proposed construction activity. A 4.52-acre portion of Wildcat Creek is within the project area and three 10' wide pedestrian/equestrian crossings will be constructed over the surface water. The vegetation within Wildcat Creek and Wetland "3" consists predominantly of nuisance/exotic plant species. The water quality provided by the existing surface waters will be offset in the proposed storm water system. The surface waters to be impacted are highly disturbed and do not provide significant wildlife habitat; therefore, no wetland mitigation is required.

Watershed Names: Little Manatee River and Tampa Bay Drainage

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 38 -

CONSENT ITEMS

DISCUSSION PAPER 59. ENVIRONMENTAL RESOURCE APPLICATION NO. 49023624.005 Harbour Walk, Phase III

SUMMARY

● Project Type:

This surface water management system will serve a 39.93 acre residential development, containing 102 single family residential home lots.

● Location:

The project area is located in Manatee County at the northwest end of 48th Street Court East, approximately one mile north of SR 64.

● Surface Water Management System:

Engineering

Quality and Quantity

Water quality treatment will be provided by detention with effluent filtration. Peak attenuation is not required due to discharge into an unrestricted tidal water body.

100-Year Floodplain

No floodplain impacts.

Environmental

Wetland and Other Surface Water Impacts

A total of 4.03 acres of permanent wetland impacts are authorized by this permit. Proposed impacts are consistent with the previously permitted conceptual permit, Harbour Walk and Altman Peninsula, ERP No. 49023624.000.

Mitigation for proposed impacts in the Conceptual permit was previously approved, and subsequently constructed, under ERP No. 43023624.001 (Harbour Walk and Altman Peninsula - Mitigation Construction). ● Meets Rule Requirements. Staff recommends approval.

- 39 -

- 40 - Environmental Resource Permit Summary Default Date: January 18, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION MODIFICATION PERMIT NO. 49023624.005

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Harbour Walk, Phase III

GRANTED TO: Camlin Home Corporation 3890 SR 64 East, Suite 101 Bradenton, FL 34208

ABSTRACT: This permit authorizes the construction of a surface water management system to serve a 39.93 acre single-family residential project, known as Harbour Walk, Phase III. The project is located in Manatee County approximately 0.5 mile west of I-75 and one mile north of State Road 64. Information regarding the surface water management system, 100-year floodplain, and wetlands is contained within the tables below.

OP. & MAINT. ENTITY: The Inlets at Riverdale West, Inc.

COUNTY: Manatee

SEC/TWP/RGE: 21,28/34S/18E

TOTAL ACRES OWNED OR UNDER CONTROL: 122.30

PROJECT SIZE: 39.93 Acres

LAND USE: Residential

DATE APPLICATION FILED: August 2, 2005

AMENDED DATE: N/A

- 41 - Permit No.: 49023624.005 Project Name: Harbour Walk, Phase III

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK E-8 2.58 Effluent Filtration E-9 2.76 Effluent Filtration 20-I 1.01 N/A TOTAL 6.35

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

II. 100-Year Floodplain

Comments: There is no FEMA 100-year floodplain within the project area.

III. Environmental Considerations

Wetland Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC. A 4.03 0.00 0.00 4.03 TOTAL 4.03 0.00 0.00 4.03

Comments: Permanent wetland impacts are to Palustrine forested wetland, and are consistent with proposed impacts identified and conceptually approved in Environmental Resource Permit (ERP) No. 49023624.000 for Phase III.

Mitigation Information:

Comments: Mitigation for proposed impacts in the Conceptual permit was previously approved, and subsequently constructed under ERP No. 43023624.001 (Harbour Walk and Altman Peninsula - Mitigation Construction). Phase III mitigation performance measures as outlined in ERP No. 43023624.001 have been achieved, thus allowing use of accrued mitigation credit for impacts authorized by this permit, as required in Specific Conditions 19 and 20 of ERP No. 43023624.001.

Watershed Name: Manatee River

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 42 -

CONSENT ITEMS

DISCUSSION PAPER 60. ENVIRONMENTAL RESOURCE APPLICATION NO. 43028850.000 Gulfview Park

SUMMARY

● Project Type:

This permit is for the construction of a surface water management system serving a 4.56 acre condominium development known as Gulfview Park.

● Location:

The project is located on the north side of Cortez Road, west of Palma Sola Boulevard, in Manatee County.

● Surface Water Management System:

Engineering

Quantity/Quality

One pond with an effluent filtration system will provide water quality treatment for the project. Attenuation is not required as discharge is into Palma Sola Bay.

100-Year Floodplain

There is no freshwater floodplain within the project area.

Environmental

The project area contains 1.27 acres of surface waters.

There are no wetlands located within the project.

Permanent impacts are proposed to 1.27 acres of surface waters.

Compensation for impacts to habitat and water quality will be provided by 0.48 acre of surface water and littoral zone.

● Meets Rule Requirements. Staff recommends approval.

- 43 -

- 44 - Environmental Resource Permit Summary Default Date: January 5, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43028850.000

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Gulfview Park

GRANTED TO: Gulfview Park, LLC 919 Bayside Drive, #F2 Newport Beach, CA 92660

ABSTRACT: This permit is for the construction of a surface water management system to serve a 4.56 acre condominium development known as Gulfview Park. The project is located on the north side of Cortez Road west of Palma Sola Boulevard in Manatee County. Information regarding the surface water management system, 100-year floodplain and wetlands is contained in the tables below.

OP. & MAINT. ENTITY: Gulfview Park Homeowners' Association

COUNTY: Manatee

SEC/TWP/RGE: 1/35S/16E

TOTAL ACRES OWNED OR UNDER CONTROL: 10.12

PROJECT SIZE: 4.56 Acres

LAND USE: Residential

DATE APPLICATION FILED: May 10, 2005

AMENDED DATE: N/A

- 45 - Permit No.: 43028850.000 Project Name: Gulfview Park

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 1 0.26 Effluent Filtration TOTAL 0.26

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

II. 100-Year Floodplain

Comments: There is no freshwater floodplain located within the project area.

III. Environmental Considerations

Wetland Information:

Comments: The project area contains two ponds (1.15 acre and 0.12 acre) comprising 1.27 acres of surface waters. There are no wetlands located within the project. Permanent impacts are proposed to 1.27 acres of surface waters for lot development and a treatment pond.

Mitigation Information:

Comments: Compensation for impacts to habitat and water quality will be provided by 0.48 acre of surface water and littoral zone.

Watershed Name: South Coastal Drainage

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 46 -

CONSENT ITEMS

DISCUSSION PAPER 61. ENVIRONMENTAL RESOURCE APPLICATION NO. 43029028.000 Perico Island

SUMMARY

• Project Type:

This permit is for the construction of a surface water management system to serve a 119.80 acre, multi-family residential development known as Perico Island. The project includes 13 condominium buildings, a central wet pond, a recreation center, roadways, and parking facilities.

• Location:

The project area is located on Perico Island in Manatee County, north of SR 64, on Perico Island.

• Surface Water Management System:

Engineering

Quantity/Quality

One man-made wet detention pond and one linear on-line retention system will provide water quality treatment for the project. The project discharges into unrestricted tidal waters. Peak discharge attenuation is therefore not required.

100-Year Floodplain

There is no FEMA freshwater floodplain within the project area.

Environmental

There are 88.03 acres of tidal wetlands located in the project area.

No wetland impacts are proposed.

The project area contains 5.74 acres of upland-cut ditches.

Permanent impacts are proposed to 5.74 acres of ditches that will not require wetland mitigation pursuant to 3.2.2.2 B.O.R.

• Meets Rule Requirements. Staff recommends approval.

- 47 -

- 48 - Environmental Resource Permit Summary Default Date: January 3, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43029028.000

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Perico Island

GRANTED TO: Hayden Lane I, Ltd. Post Office Box 31 Bradenton, FL 34206

ABSTRACT: This permit is for the construction of a surface water management system to serve a 119.80 acre multi-family residential development consisting of 13 condominium buildings. The project is located in Manatee County, north of SR 64 on Perico Island. Information regarding the surface water management system, 100-year floodplain, and wetlands is contained in the tables below.

OP. & MAINT. ENTITY: Perico Island Condominium Owners' Association, Inc.

COUNTY: Manatee

SEC/TWP/RGE: 22,27/34S/16E

TOTAL ACRES OWNED OR UNDER CONTROL: 352.29

PROJECT SIZE: 119.82 Acres

LAND USE: Multi-family Residential

DATE APPLICATION FILED: June 16, 2005

AMENDED DATE: N/A

- 49 - Permit No.: 43029028.000 Project Name: Perico Island

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 1 29.90 Wet Detention Swale 6.30 On-line Retention TOTAL 36.20

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

II. 100-Year Floodplain

Comments: There is no FEMA freshwater floodplain within the project area.

III. Environmental Considerations

Wetland Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC.

WL-A* 25.81 25.81 0.00 0.00 WL-B* 62.22 62.22 0.00 0.00 TOTAL 88.03 88.03 0.00 0.00

* wetlands extend outside the project area.

Comments: The project contains 88.03 acres of tidal wetlands. No wetland impacts are proposed. Permanent impacts are proposed to 5.74 acres of upland-cut ditches by filling. Please see specific conditions for information regarding wetland buffer plantings and upland berm cuts.

Mitigation Information:

Comments: Habitat mitigation will not be required for the impacts to the ditches pursuant to 3.2.2.2 Basis of Review (B.O.R.).

Watershed Name: Manatee River

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 50 -

CONSENT ITEMS

DISCUSSION PAPER 62. ENVIRONMENTAL RESOURCE APPLICATION NO. 43029140.000 Rainbow Springs Golf Course - Tract K

SUMMARY

● Project Type:

Construction of a new surface water management system to serve a 202.64-acre golf course, clubhouse and maintenance facility development.

● Location:

The project site is located east of the intersection of US 41 and SR 40 on the south side of SR 40 in Marion County.

An Incidental Site Activities (ISA) Permit was issued on October 21, 2005. Activities authorized in the ISA include the installation of erosion and sediment control devices, land clearing, and site grading activities within a 98.00-acre portion of the 202.64-acre development.

● Surface Water Management System:

Engineering

Water Quantity and Quality – retention ponds provide total retention of the 100-year, 24-hour post- developed storm event satisfying water quality issues. There are 25 ponds including three lined systems and several interconnected systems.

Environmental

There are 1.45 acres of surface waters within the project.

Installation of a storm water pond discharge structure will result in permanent impact to 0.01 acre of surface water.

The surface water impact is considered to be insignificant and no habitat mitigation is required.

● Meets Rule Requirements. Staff recommends approval.

- 51 -

- 52 - Environmental Resource Permit Summary Default Date: January 31, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43029140.000

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Rainbow Springs Golf Course - Tract K

GRANTED TO: Vikings LLC 62 Never Bend Drive Ocala, FL 34482

ABSTRACT: This permit is for the construction of a new surface water management system to serve a 202.64-acre golf course, clubhouse and maintenance facility development. The project site is located east of the intersection of US 41 and SR 40 on the south side of SR 40 in Marion County. An Incidental Site Activities (ISA) Permit was issued on October 21, 2005. Activities authorized in the ISA include the installation of erosion and sediment control devices, land clearing, and site grading activities within a 98.00-acre portion of the 202.64-acre development. Information regarding the surface water management system is contained in the tables below.

OP. & MAINT. ENTITY: Vikings LLC

COUNTY: Marion

SEC/TWP/RGE: 5,6,8/16S/19E

TOTAL ACRES OWNED OR UNDER CONTROL: 544.00

PROJECT SIZE: 202.64 Acres

LAND USE: Semi-public

DATE APPLICATION FILED: June 28, 2005

AMENDED DATE: September 1, 2005

- 53 - Permit No.: 43029140.000 Project Name: Rainbow Springs Golf Course – Tract K

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK DRA 1-2 24.39 Percolation DRA 3 1.27 Percolation DRA 4 1.79 Percolation DRA 5A, B, C, D 6.57 N/A DRA 6 1.21 N/A DRA 7 1.87 Percolation DRA 7A 0.63 Percolation DRA 8 1.06 Percolation DRA 9 1.00 Percolation DRA 11 3.86 Percolation DRA 12 1.86 Percolation DRA 13 2.11 Percolation DRA 14 0.96 Percolation DRA 15 0.58 Percolation DRA 15A 0.54 Percolation DRA 15B 1.33 Percolation DRA 16 1.21 Percolation DRA 17 0.33 Percolation DRA 17B1 0.33 Percolation DRA 17B2 0.35 Percolation DRA 17B3 1.49 Percolation DRA 18 1.24 Percolation DRA 19 1.72 Percolation DRA 19A 2.34 Percolation DRA 20 1.33 Percolation TOTAL 61.36

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.

- 54 - Permit No.: 43029140.000 Project Name: Rainbow Springs Golf Course – Tract K

III. Environmental Considerations

Wetland Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC.

SW-A 0.04 0.04 0.00 0.00 SW-B 1.41 1.41 0.00 0.00 TOTAL 1.45 1.45 0.00 0.00

Mitigation Information: AREA CREATED/ UPLAND ENHANCED WETLANDS MISC. MITI. NO. RESTORED PRESERVED WETLAND PRESERVED AC. AC. AC. AC. AC.

N/A 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 NET CHANGE 0.00 OTHER MITIGATION TOTAL 0.00

Comments: There are 1.45 acres of surface waters within the project. Installation of a storm water pond discharge structure will result in permanent impact to 0.01 acre of surface water. The surface water impact is considered to be insignificant and no habitat mitigation is required.

Watershed Name: Ocklawaha River

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 55 -

CONSENT ITEMS

DISCUSSION PAPER 63. ENVIRONMENTAL RESOURCE APPLICATION NO. 43023534.003 Connerton Village 2 - Phase 1

SUMMARY

● Project Type:

Construction of a new surface water management system to serve a 899.14-acre, 680-lot single- family residential subdivision.

● Location:

On the northeast side of US Highway 41 (Land O' Lakes Blvd.) north of Land O' Lakes between SR 54 and SR 52 in Pasco County.

● Surface Water Management System:

Engineering

Water Quantity and Quality – wet detention ponds provide water quality treatment and peak discharge attenuation.

Compensation provided for encroachment into the floodplain.

Environmental

There are 169.11 acres of wetlands and 1.12 acres of surface waters within the project.

Construction will result in permanent impact to 17.66 acres of wetlands requiring habitat mitigation, and 0.29 acre of wetlands and 0.21 acre of surface waters exempt from habitat mitigation.

Since under the Basis of Review (Subsections 3.2.2.1 and 3.2.2.2) no significant wildlife habitat is provided by the 0.29 acre of wetlands and 0.21 acre of surface waters, no habitat mitigation is required.

. To mitigate for 17.66 acres of permanent impact to wetlands, the Permittee will create 16.08 acres of wetlands from uplands and provide hydrologic enhancement of 260.18 acres of wetlands.

The amount of mitigation needed to offset the loss of wetland functions was determined using the Uniform Mitigation Assessment Method. The Functional Loss of the wetland impacts requiring habitat mitigation was determined to be 13.04 units. The wetland creation provides a Functional Gain of 5.71 units and the hydrologic enhancement of wetlands provides a Functional Gain of 10.41 units. The remaining excess 0.72 Functional Gain units from wetland creation and the remaining excess 2.36 Functional Gain units from hydrologic enhancement of wetlands are potentially available for future projects.

● Meets Rule Requirements. Staff recommends approval.

- 56 -

- 57 - Environmental Resource Permit Summary Default Date: December 13, 2005

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43023534.003

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Connerton Village 2 - Phase 1

GRANTED TO: Connerton, LLC 3505 Frontage Road, #145 Tampa, FL 33607

ABSTRACT: This permit is for the construction of a new surface water management system to serve a 899.14-acre, 680-lot, single-family residential subdivision. The project site is located on the northeast side of US Highway 41 (Land O' Lakes Blvd.) north of Land O' Lakes between SR 54 and SR 52 in Pasco County. Information regarding the surface water management system is contained in the tables below.

OP. & MAINT. ENTITY: Connerton, LLC

COUNTY: Pasco

SEC/TWP/RGE: 23-26/25S/18E

TOTAL ACRES OWNED OR UNDER CONTROL: 3,073.00

PROJECT SIZE: 899.14 Acres

LAND USE: Residential

DATE APPLICATION FILED: April 4, 2005

AMENDED DATE: N/A

- 58 - Permit No.: 43023534.003 Project Name: Connerton Village 2 – Phase 1

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK A 2.13 Wet Detention B 1.39 Wet Detention C 0.54 Wet Detention D 1.33 Wet Detention E 1.05 Wet Detention F 0.62 Wet Detention G 2.15 Wet Detention H 5.01 Wet Detention J 6.21 Wet Detention K 3.98 Wet Detention L 8.75 Wet Detention M 5.73 Wet Detention N 2.23 Wet Detention P 1.00 Wet Detention Q 1.66 Wet Detention 387B 1.60 Wet Detention WL 387 13.38 Wet Detention WL 357 10.3 Wet Detention R 1.56 Wet Detention S 4.20 Wet Detention 387A 1.50 Wet Detention WL 377 2.80 Wet Detention TOTAL 79.12

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) 58.20 61.61 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.

- 59 - Permit No.: 43023534.003 Project Name: Connerton Village 2 – Phase 1

III. Environmental Considerations

Wetland Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC.

158 26.11 21.41 0.00 4.70 177 0.49 0.06 0.00 0.43 179 0.75 0.00 0.00 0.75 183 0.92 0.00 0.00 0.92 184 0.54 0.39 0.00 0.15 186 0.02 0.02 0.00 0.00 205 0.23 0.23 0.00 0.00 207 7.64 7.64 0.00 0.00 209 13.92 12.78 0.00 1.14 321 1.68 1.68 0.00 0.00 341 17.91 13.90 0.00 4.01 345 7.15 7.15 0.00 0.00 353 1.29 1.29 0.00 0.00 355 0.12 0.12 0.00 0.00 357 8.61 6.10 0.00 2.51 359 0.09 0.09 0.00 0.00 361 0.52 0.52 0.00 0.00 363 12.55 12.31 0.00 0.24 365 0.60 0.00 0.00 0.60 367 0.79 0.00 0.00 0.79 369 0.26 0.26 0.00 0.00 371 5.64 5.64 0.00 0.00 373 0.73 0.73 0.00 0.00 375 0.94 0.94 0.00 0.00 377 0.59 0.59 0.00 0.00 381 0.08 0.00 0.00 0.08 383 0.27 0.27 0.00 0.00 385 1.20 0.00 0.00 1.20 387 11.58 11.58 0.00 0.00 389 0.19 0.19 0.00 0.00 391 43.45 43.31 0.00 0.14 395 3.37 3.37 0.00 0.00 TOTAL 170.23 152.57 0.00 17.66

- 60 - Permit No.: 43023534.003 Project Name: Connerton Village 2 – Phase 1

Mitigation Information: AREA CREATED/ UPLAND ENHANCED WETLANDS MISC. MITI. NO. RESTORED PRESERVED WETLAND PRESERVED AC. AC. AC. AC. AC.

M-13 1.18 0.00 0.00 0.00 0.00 M-14 5.40 0.00 0.00 0.00 0.00 M-15 0.82 0.00 0.00 0.00 0.00 M-16 1.27 0.00 0.00 0.00 0.00 M-17 2.91 0.00 0.00 0.00 0.00 M-18 4.50 0.00 0.00 0.00 0.00 HMA-2 0.00 0.00 260.18 0.00 0.00 TOTAL 16.08 0.00 260.18 0.00 0.00 NET CHANGE -1.58 OTHER MITIGATION TOTAL 260.18

Comments: There are 169.11 acres of wetlands and 1.12 acres of surface waters within the project. Construction will result in permanent impact to 17.66 acres of wetlands requiring habitat mitigation and 0.29 acre of wetlands and 0.21 acre of surface waters exempt from habitat mitigation. Since under the ERP Basis of Review (Subsections 3.2.2.1 and 3.2.2.2) no significant wildlife habitat is provided by the 0.29 acre of wetlands and 0.21 acre of surface waters, no habitat mitigation is required. To mitigate for the 17.66 acres of permanent impact to wetlands, the Permittee will create 16.08 acres of wetlands from uplands and provide hydrologic enhancement of 260.18 acres of wetlands. The amount of mitigation needed to offset the loss of wetland functions was determined using the Uniform Mitigation Assessment Method. The Functional Loss of the wetland impacts requiring habitat mitigation was determined to be 13.04 units. The wetland creation provides a Functional Gain of 5.71 units. The hydrologic enhancement of wetlands provides a Functional Gain of 10.41 units. The remaining excess 0.72 Functional Gain units from the wetland creation and the remaining excess 2.36 Functional Gain units from the hydrologic enhancement of wetlands are potentially available for future projects.

Watershed Name: Upper Coastal Drainage

A regulatory conservation easement is required.

A proprietary conservation easement is not required.

- 61 -

CONSENT ITEMS

DISCUSSION PAPER 64. ENVIRONMENTAL RESOURCE APPLICATION NO. 43026515.001 Stonegate

SUMMARY

● Project Type:

Construction permit is for a 114.66-acre residential development.

● Location:

The project site is located north of SR 54 and east of Suncoast Parkway in Pasco County.

● Surface Water Management System:

Engineering

Water Quality

Twelve wet detention ponds to treat runoff.

Water Quantity

Attenuation provided in the twelve wet detention ponds and in seven additional ponds and isolated wetlands.

100-year floodplain

3.02 acre-feet of encroachment 3.23 acre-feet of compensation

Environmental

There are 17.86 acres of wetlands and other surface waters within the project.

Project construction includes 3.76 acres of wetland and other surface water impacts.

Mitigation is provided by 1.19 acres of mitigation.

● Meets Rule Requirements. Staff recommends approval.

- 62 -

- 63 - Environmental Resource Permit Summary Default Date: January 5, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION MODIFICATION PERMIT NO. 43026515.001

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Stonegate

GRANTED TO: Walker Development Company 3840 Land O' Lakes Boulevard Land O' Lakes, FL 34639

ABSTRACT: This permit modification authorizes the construction of a new surface water management system serving a 114.66-acre residential subdivision known as Stonegate. The project site is located north of SR 54 and east of the Suncoast Parkway, in Pasco County. Adjacent properties include a portion of the Oakstead Development (Environmental Resource Permit [ERP] No. 43020804.000), agricultural land, and rural residential parcels. This permit replaces ERP No. 43026515.000, which was issued on June 29, 2004. Information regarding the surface water management system and wetlands is contained within the tables below.

OP. & MAINT. ENTITY: Stonegate Homeowners Association

COUNTY: Pasco

SEC/TWP/RGE: 23,26/26S/18E

TOTAL ACRES OWNED OR UNDER CONTROL: 114.66

PROJECT SIZE: 114.66 Acres

LAND USE: Residential

DATE APPLICATION FILED: January 12, 2005

AMENDED DATE: N/A

- 64 - Permit No.: 43026515.001 Project Name: Stonegate

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 1-2 0.91 Wet Detention 3 0.60 Wet Detention 4 0.86 Wet Detention 5 3.80 Wet Detention 6 1.07 Wet Detention 7 0.39 Wet Detention 8 2.85 Attenuation 9 2.30 Wet Detention 10 2.75 Wet Detention 11 0.84 Wet Detention 12 1.22 Wet Detention 13 1.43 Wet Detention 14 2.69 Attenuation 15 0.35 Attenuation 16 0.14 Wet Detention WET C4A 1.89 Attenuation WET D3B 4.58 Attenuation WET E2A 1.11 Attenuation WET E3B 1.11 Attenuation TOTAL 30.89

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) 3.02 3.23 SM [ X ] Depth [ N/A ]

*Codes [ X ] for the type or method of compensation provided are as follows: SM = Storage Modeling hydrographs of pond and receiving stages indicate timing separation; MI = Minimal Impact based on modeling of existing stages vs. post-project encroachment. N/A = Not Applicable

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

- 65 - Permit No.: 43026515.001 Project Name: Stonegate

III. Environmental Considerations

Wetland Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC. WL B-2/C-1/D-1 0.20 0.12 0.00 0.08 WL F-1 2.83 2.76 0.00 0.07 SW D-2 0.34 0.34 0.00 0.00 WL C-4A 0.64 0.64 0.00 0.00 SW G4B 0.32 0.32 0.00 0.00 SW C-4C 0.29 0.29 0.00 0.00 WL D-3B 2.24 2.24 0.00 0.00 SW D-3C 0.77 0.77 0.00 0.00 WL D-3A 0.09 0.09 0.00 0.00 WL B-3B 0.16 0.16 0.00 0.00 SW B-3A 0.05 0.05 0.00 0.00 WL E-2A 0.28 0.28 0.00 0.00 SW E-2B 0.21 0.21 0.00 0.00 WL E-3B 0.48 0.48 0.00 0.00 WL G-2 0.30 0.30 0.00 0.00 SW C-5 1.74 0.00 0.00 1.74 SW D-4 0.59 0.00 0.00 0.59 SW E-3A 2.85 2.74 0.11 0.00 SW F-3 3.48 3.48 0.00 0.00 TOTAL 17.86 15.27 0.11 2.48

Mitigation Information: AREA CREATED/ UPLAND ENHANCED WETLANDS MISC. MITI. NO. RESTORED PRESERVED WETLAND PRESERVED AC. AC. AC. AC. AC. Mitigation A 0.27 0.00 0.00 0.00 0.00 Mitigation B 0.20 0.00 0.00 0.00 0.00 Mitigation C 0.25 0.00 0.00 0.00 0.00 Mitigation D 0.31 0.00 0.00 0.00 0.00 Mitigation E 0.16 0.00 0.00 0.00 0.00 TOTAL 1.19 0.00 0.00 0.00 0.00 NET CHANGE -1.29 OTHER MITIGATION TOTAL 0.00

Comments: This project contains 17.86 acres of wetlands and other surface waters. Project construction will result in 3.76 acres of wetland and other surface water impacts. No mitigation is required for 1.17 acres of impacts pursuant to Sections 3.2.2.1 and 3.2.2.2 of the Basis of Review, and the loss is not recorded above because it was deemed insignificant. Five wetland creation areas totaling 1.19 acres provide mitigation for the balance of the wetland and other surface water impacts. This mitigation plan replaces and is consistent with previously issued ERP No. 43026515.000.

Watershed Name: Upper Coastal Drainage

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 66 -

CONSENT ITEMS

DISCUSSION PAPER 65. ENVIRONMENTAL RESOURCE APPLICATION NO. 43028985.000 Pinellas County - Belleair Beach Causeway Bridge Replacements

SUMMARY

• Project Type:

Individual Construction Permit for a roadway improvement project developed by Pinellas County involving the replacement of two bridges, improvements to the approaches, and improvements to an existing boat launch facility known as Boat Ramp Park.

• Location:

The project is located in Pinellas County on Clearwater Harbor, an Outstanding Florida Water (OFW). This location is approximately 0.25 mile east of the intersection of Gulf Boulevard and Causeway Boulevard in Sections 31 and 32, Township 29 South, Range 15 East.

• Surface Water Management System:

Engineering

Water quality calculations were provided that show the required water quality treatment is provided for the bridges, approaches and Boat Ramp Park parking lot via a combination of on-site and off-site stormwater treatment. A concurrent application, Environmental Resource Permit No. 43018708.003 will authorize off-site compensatory treatment.

The Permittee provided baseline ambient water quality testing from samples collect on-site. Test results show that water quality meets Class III standards within the project area for all parameters tested with the exception of copper. PVC piling wrap will be provided for all treated pilings in contact with water to eliminate the potential for the project to contribute to existing violations of water quality standards.

Environmental

The project will be constructed along a segment of shoreline of Clearwater Harbor. This estuarine surface water body is within a portion of the Pinellas County Aquatic Preserve. Existing natural resources will not be adversely impacted.

There will be a total 0.22-acre permanent and 0.51 acre temporary wetland impact. Mitigation will consist of 16.40 acres of wetland preservation, 2.51 acres of wetland enhancement and 0.26 acre of wetland creation.

The Permittee has a conveyance deed for most of the Sovereign Submerged Land within the project area. A letter of consent is being provided for an additional area not covered by the conveyance deed for placement of floating docks.

• Meets Rule Requirements. Staff recommends approval.

- 67 -

- 68 - Environmental Resource Permit Summary Default Date: December 13, 2005

ERP Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005 SL Expiration Date: November 30, 2010

Authorization is granted to use sovereign submerged lands as outlined herein and shown by the application, approved drawings, plans, and other documents attached hereto and kept on file at the District under the provisions of Chapters 253 and 258, F.S., and Chapters 18-20 and 18-21, F.A.C., as well as the policies of the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees). This approval does not disclaim any title interests that the Board of Trustees may have in the project site. Any subsequent authorizations by the Board of Trustees or its designated agents may contain conditions necessary to satisfy the fiduciary responsibilities of the Board of Trustees as well as other applicable statutory or rule requirements implemented by the Department of Environmental Protection's Division of State Lands or other governmental agencies authorized by Florida Statutes.

PROJECT NAME: Pinellas County - Belleair Beach Causeway Bridge Replacements

GRANTED TO: Pinellas County Board of County Commissioners 440 Court Street Clearwater, FL 33756

ABSTRACT: This roadway improvement project developed by Pinellas County involves the replacement of two bridges, improvements to the approaches, and improvements to an existing boat launch facility known as Boat Ramp Park. This location is approximately 0.25 mile east of the intersection of Gulf Boulevard and Causeway Boulevard.

The Relief Bridge or Clearwater Harbor Bridge is a 324-foot long 8-span fixed structure that will be replaced by a wider fixed bridge that will include shoulders, 4-foot bicycle lanes and 8-foot sidewalks. The Main Channel Bridge is a 1,376-foot long 36-span structure with a 109-foot double-leaf bascule that will be replaced by a wider, high-level, fixed span bridge with a 74-foot vertical clearance over the ICW that will include shoulders, 4-foot bicycle lanes and 8-foot sidewalks.

Improvements proposed to Boat Ramp Park include construction of a boardwalk, the replacement of one existing boat ramp and the relocation of another boat ramp. A reconfiguration of the parking lot and green spaces will accommodate a proposed stormwater treatment facility that will provide water quality treatment for existing untreated parking areas at the park in addition to runoff from the proposed bridge and approaches.

- 69 - Permit No.: 43028985.000 Project Name: Pinellas County – Belleair Beach Causeway Bridge Replacements

Total acreage of the proposed bridges over wetlands/surface waters is approximately 3.08 acres. Within this area there will be a total of 0.07 acre permanent shading impacts to existing sea grass beds, resulting from the low level portion of the bridge/roadway span, and less than 0.01 acre of fill within sea grasses resulting from two drilled shafts. In addition, 0.15 acre of permanent impact to unvegetated beach area, resulting from roadway fill and 0.51 acre of temporary impact to open/surface water areas, resulting from placement of a temporary roadway pavement for traffic diversion/detour, will occur from construction of this project. Mitigation will be provided adjacent to the project area.

Water quantity attenuation was not required for the project since it discharges to tidal waters. Since the project discharges to an Outstanding Florida Water (OFW), one and one-half times the normal required treatment volume was required. Water quality calculations were provided that show the required water quality treatment is provided for the bridges, approaches and Boat Ramp Park parking lot via a combination of on-site and off-site stormwater treatment. A concurrent application, Environmental Resource Permit No. 43018708.003 will authorize off-site compensatory treatment.

OP. & MAINT. ENTITY: Pinellas County Board of County Commissioners

COUNTY: Pinellas

WATERBODY NAME: Clearwater Harbor

AQUATIC PRESERVE: Pinellas County

SEC/TWP/RGE: 31, 32/29S/15E

TOTAL ACRES OWNED OR UNDER CONTROL: 63.20

PROJECT SIZE: 22.50 Acres

LAND USE: Road Project

DATE APPLICATION FILED: June 3, 2005

AMENDED DATE: N/A

I. Water Quantity/Quality

AREA POND NO. ACRES @ TOP OF BANK TREATMENT TYPE 2 0.39 On-Line Retention 5-1 & 5-2 0.17 On-Line Retention 5-3 & 5-4 0.59 On-Line Retention TOTAL 1.15

Comments: Attenuation was not required for the project since it discharges to tidal waters. Water quality calculations were provided that demonstrate the required water quality treatment is provided for the new proposed bridges, approaches and Boat Ramp Park parking lot via a combination of on-site and off-site stormwater treatment. Water quality calculations were also provided that show proposed pollutant loadings to the receiving water will be less than existing conditions.

- 70 - Permit No.: 43028985.000 Project Name: Pinellas County – Belleair Beach Causeway Bridge Replacements

On-site stormwater treatment will occur via on-line retention. Basin 2, Basin 4, Sub-basins 5-1& 5-2, and Sub-basins 5-3 & 5-4 will be treated on site in three dry retention ponds. Off-site compensatory treatment for Basins 1 and 3 will be provided at Boca Ciega Park, authorized through a concurrent application, Environmental Resource Permit No. 43018708.003.

No permanent mooring facilities, fueling facilities or sewage pump out stations are proposed at Boat Ramp Park. The Permittee provided baseline ambient water quality testing from samples collected on-site. Test results show that water quality meets Class III standards within the project area for all parameters tested with the exception of copper. PVC piling wrap will be provided for all treated pilings in contact with water to eliminate the potential for the project to contribute to existing violations of water quality standards. Pollutants leaving the boat ramp facility are expected to adequately disperse in the receiving water body so as not to contribute to existing violations of water quality standards.

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 Information: NOT TEMPORARILY PERMANENTLY TOTAL IMPACTED DISTURBED DESTROYED WETLAND NO. AC. AC. AC. AC. 1 0.07 0.00 0.00 0.07 2 0.15 0.00 0.00 0.15 3 0.51 0.00 0.51 0.00 TOTAL 0.73 0.00 0.51 0.22

Comments: Total acreage of the proposed bridges over wetlands/surface waters is approximately 3.08 acres. Within this area there will be a total of 0.07 acre permanent shading impacts to existing sea grass beds, resulting from the low level portion of the bridge/roadway span, and less than 0.01 acre of fill within sea grasses resulting from two drilled shafts. In addition, 0.15 acre of permanent impact to unvegetated beach area, resulting from roadway fill and 0.51 acre of temporary impact to open/surface water areas, resulting from placement of a temporary roadway pavement for traffic diversion/detour, will occur from construction of this project.

- 71 - Permit No.: 43028985.000 Project Name: Pinellas County – Belleair Beach Causeway Bridge Replacements

Mitigation Information: CREATED/ UPLAND ENHANCED WETLANDS AREA RESTORED PRESERVED WETLAND PRESERVED MISC. MITI. NO. AC. AC. AC. AC. AC. M-1 0.26 0.00 2.30 0.00 0.00 M-2 0.00 0.00 0.22 0.00 0.00 M-3 0.00 0.00 0.01 0.00 0.00 M-4 0.00 0.00 0.00 16.40 0.00 TOTAL 0.26 0.00 2.53 16.40 0.00 NET CHANGE +0.04 OTHER MITIGATION TOTAL 18.93

Comments: Mitigation will be provided adjacent to the project area. The mitigation will consist of 16.4 acres of sea grass wetland/deep water habitat preservation, 2.51 acres of wetland enhancement and 0.26 acre of wetland creation. In addition, approximately 150 square feet of prop-scar damage to sea grasses will be repaired by planting sea grasses within the existing prop scars. Sea grass buoys will be placed at strategic locations around the existing sea grasses in an effort to preserve the integrity of the resource and as part of the public interest test. Also permanent Manatee and sea grass education signs will be placed within the boat ramp park area. The County has a conveyance deed from the State of Florida Board of Trustees covering the Sovereign Submerged Lands within the entire project area except for the proposed relocation area for three floating docks. Proprietary authorization in the form of a Letter of Consent is being issued by the District for that area as part of this permit.

The required mitigation was calculated utilizing the Uniform Mitigation Assessment Method (UMAM) and will provide a total of 0.127 functional gain units to offset a total 0.108 functional loss units.

Watershed Name: Upper Coastal Drainage

A regulatory conservation easement is not required.

IV. Sovereign Submerged Lands

ACTIVITY PREEMPTED AREA DREDGED Floating Dock 22,030 square feet 0.00 cubic yards TOTALS: 22,030 square feet 0.00 cubic yards

Shoreline Length: 8,900 feet

A proprietary conservation easement is not required.

- 72 -

CONSENT ITEMS

DISCUSSION PAPER 66. ENVIRONMENTAL RESOURCE APPLICATION NO. 43029111.000 Pinellas County - Water Blending Facility

SUMMARY

● Project Type:

This Individual permit is for the construction of a water blending facility.

● Location:

The facility site lies within Section 2, Township 27 South and Range 16 East, in north Pinellas County, east of East Lake Road on the south side of Trinity Boulevard. The mitigation site for wetland impacts is located in Section 13, Township 27 South and Range 16 East, south of the facility and bordered on the north by Lake Fern Road.

● Surface Water Management System:

Engineering

Water quality treatment and water quantity attenuation of the 25-year, 24-hour storm event will be provided in two interconnected wet detention ponds.

Environmental

There are 129.72 acres of forested and emergent wetlands within the project area. The construction of the water blending plant and support facilities will permanently impact 4.74 acres of forested and herbaceous emergent wetlands. The wetland impacts will be offset by the hydrologic enhancement of 96 acres of Brooker Creek Preserve.

● Meets Rule Requirements. Staff recommends approval.

- 73 - - 74 - Environmental Resource Permit Summary Default Date: January 2, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43029111.000

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Pinellas County - Water Blending Facility

GRANTED TO: Pinellas County Utilities 14 South Fort Harrison Avenue Clearwater, FL 33756

ABSTRACT: This Individual permit authorization is for the construction of a water blending facility on 97 acres. The facility will blend surface water, groundwater, and desalinized water together in a state-of- the art water facility. The facility site lies within Section 2, Township 27 South and Range 16 East. It is located in north Pinellas County east of East Lake Road on the south side of Trinity Boulevard, next to the Pasco County border. The mitigation site is located south of the water blending facility site in Section 13 and is bordered on the north by Lake Fern Road. Both sites are owned by Pinellas County and managed as part of Brooker Creek Preserve.

The water blending facility project site will be filled with approximately 3 feet of suitable fill material to minimize any on-site flooding risks. The site will be surrounded by a 3-foot wide berm to isolate the area served by the surface water management system. Diversion ditches will be dug to the east and west of the site to maintain historical drainage patterns. Runoff from the site will be conveyed via 2.5-foot deep swales on either side of the roadways. The two interconnected wet detention ponds were designed to provide treatment of the first inch of runoff from the contributing area. It was demonstrated that the post- development peak discharge rate for the site would be less than the pre-development peak discharge rate for the 25-year, 24-hour storm event. The design of the surface water management system also allows for an additional 4.20 acres of impervious area for future projects/expansion. The site is not located within a FEMA 100-year floodplain. However, it was demonstrated that the project should not have any loss of historic basin storage associated with the on-site wetlands.

There are 129.72 acres of forested and emergent wetlands within the project area. The construction for the water blending plant and support facilities will permanently impact 4.74 acres of forested and herbaceous emergent wetlands. The wetland impacts will be offset by the hydrologic enhancement of 96 acres of Brooker Creek Preserve.

- 75 - Permit No.: 43029111.000 Project Name: Pinellas County – Water Blending Facility

OP. & MAINT. ENTITY: Pinellas County Utilities

COUNTY: Pinellas

SEC/TWP/RGE: 02, 13/27S/16E

TOTAL ACRES OWNED OR UNDER CONTROL: 8,500.00

PROJECT SIZE: 193.00 Acres

LAND USE: Government

DATE APPLICATION FILED: June 21, 2005

AMENDED DATE: N/A

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 1 2.89 Wet Detention 2 2.46 Wet Detention TOTAL 5.35

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 Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC.

A 1.11 1.11 0.00 0.00 B 3.22 3.03 0.00 0.19 C 7.11 7.09 0.00 0.02 D 8.14 3.78 0.00 4.36

- 76 - Permit No.: 43029111.000 Project Name: Pinellas County – Water Blending Facility

Wetland Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC.

E 4.14 4.00 0.00 0.14 F 3.55 3.52 0.00 0.03 G 0.98 0.98 0.00 0.00 H 0.09 0.09 0.00 0.00 I 0.44 0.44 0.00 0.00 J 0.63 0.63 0.00 0.00 K 4.31 4.31 0.00 0.00 Mitigation Wetland 96.00 96.00 0.00 0.00 TOTAL 129.72 124.98 0.00 4.74

Comments: There are 129.72 acres of forested and emergent wetlands within the project area. The construction for the water blending plant and support facilities will permanently impact 4.74 acres of forested and herbaceous emergent wetlands. The wetland impacts will be offset by the hydrologic enhancement of 96 acres of Brooker Creek Preserve by removing a fill road and creating two low water crossing areas and planting 4.7 acres of the 96 acres of wetland enhancement with desirable wetland vegetation. The wetland mitigation was reviewed utilizing the UMAM. The proposed mitigation will provide 11.52 units of functional gain to off set 2.47 unit of functional loss.

Mitigation Information: AREA CREATED/ UPLAND ENHANCED WETLANDS MISC. MITI. NO. RESTORED PRESERVED WETLAND PRESERVED AC. AC. AC. AC. AC.

Brooker Creek 0.00 0.00 96.00 0.00 0.00 TOTAL 0.00 0.00 96.00 0.00 0.00 NET CHANGE -4.74 OTHER MITIGATION TOTAL 96.00

Watershed Name: Upper Coastal Drainage

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 77 -

CONSENT ITEMS

DISCUSSION PAPER 67. ENVIRONMENTAL RESOURCE APPLICATION NO. 43024155.002 Estates of Auburndale, Phase II

SUMMARY

● Project Type:

92.26-acre residential project.

● Location:

At the southwest corner of the intersection of Adams Road and Mohawk Road in the city of Auburndale, Polk County.

● Surface Water Management System:

Engineering

Treatment and attenuation of storm water runoff to be accomplished via two wet detention ponds and one retention pond.

100-year Floodplain

There will be no encroachment within the floodplain.

Environmental

The project area includes 2.50 acres of wetlands consisting of 1.90 acres of shrub-scrub wetlands, and 0.60 acre of forested wetlands.

Permanent wetland impacts are proposed to 1.90 acres of shrub-scrub wetlands. Temporary wetland impacts are proposed to less than 0.01 acre of forested wetlands.

Mitigation for the 1.90 acres of permanent impacts to Wetland 1 is provided by the creation of 1.90 acres of forested wetlands that are adjacent to a larger forested system.

● Meets Rule Requirements. Staff recommends approval.

- 78 -

- 79 - Environmental Resource Permit Summary Default Date: January 1, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION MODIFICATION PERMIT NO. 43024155.002

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Estates of Auburndale, Phase II

GRANTED TO: Auburndale Estates, Inc. 5840 Red Bug Lake Road, #345 Winter Springs, FL 32708

ABSTRACT: This permit authorization is for the modification of a permitted surface water management system serving a 92.26-acre phase of a residential project as named above and as shown on the approved construction drawings. The project is located at the southwest corner of the intersection of Adams Road and Mohawk Road in the city of Auburndale, Polk County. Information regarding the surface water management systems, 100-year floodplain and wetlands is contained within the tables and comments below.

OP. & MAINT. ENTITY: Estates of Auburndale Homeowners' Association, Inc.

COUNTY: Polk

SEC/TWP/RGE: 35/27S/25E

TOTAL ACRES OWNED OR UNDER CONTROL: 172.60

PROJECT SIZE: 92.26 Acres

LAND USE: Residential

DATE APPLICATION FILED: June 2, 2005

AMENDED DATE: June 21, 2005

- 80 - Permit No.: 43024155.002 Project Name: Estates of Auburndale, Phase II

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 20 3.72 Wet Detention 30 1.76 Wet Detention 40 4.89 Retention TOTAL 10.37

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 N/A = Not Applicable

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

III. Environmental Considerations

Wetland Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC.

1 1.90 0.00 0.00 1.90 5 0.60 0.59 0.01 0.00 TOTAL 2.50 0.59 0.01 1.90

Comments: The project area includes 2.50 acres of wetlands consisting of 1.90 acres of shrub- scrub wetlands (Wetland 1), and 0.60 acre of forested wetlands (Wetland 5). Permanent wetland impacts are proposed to 1.90 acres of wetlands (Wetland 1). Temporary wetland impacts are proposed to less than 0.01 acre of Wetland 5 due to the placement of an outfall pipe, mitered end section and spreader swale.

- 81 - Permit No.: 43024155.002 Project Name: Estates of Auburndale, Phase II

Mitigation Information: AREA CREATED/ UPLAND ENHANCED WETLANDS MISC. MITI. NO. RESTORED PRESERVED WETLAND PRESERVED AC. AC. AC. AC. AC.

WC#1 1.90 0.00 0.00 0.00 0.00 TOTAL 1.90 0.00 0.00 0.00 0.00 NET CHANGE 0.00 OTHER MITIGATION TOTAL 0.00

Comments: Mitigation for the 1.90 acres of permanent impacts to Wetland 1 is provided by the creation of 1.90 acres of forested wetlands (WC#1) that are adjacent to a larger forested system (Wetland 3).

Watershed Name: Withlacoochee River

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 82 -

CONSENT ITEMS

DISCUSSION PAPER 68. ENVIRONMENTAL RESOURCE APPLICATION NO. 43028191.001 Hallam Preserve West

SUMMARY

● Project Type:

118.48-acre phase of a single-family residential project.

● Location:

On the south side of County Road 540A, approximately one and one-half miles east of State Road 37, south of the city of Lakeland, Polk County.

● Surface Water Management System:

Engineering Treatment and attenuation of storm water runoff to be accomplished through eight detention systems.

100-year Floodplain Portions of an isolated floodplain located within the entire control of the applicant will be filled. There will be 0.35 acre-feet of floodplain encroachment within this isolated floodplain. There will be a rise of 0.07 foot within this isolated floodplain. Compensation for this impact will be characterized as a minimal impact.

Environmental The project area contains 14.16 acres of wetlands consisting of 0.20 acre of herbaceous wetlands, 13.78 acres of mixed forested wetlands, and 0.18 acre of previously permitted mitigation area.

Permanent impacts are proposed to 0.18 acre of Mitigation Area D, which resulted in a change in the design of the previously approved mitigation area.

Mitigation for the permanent impacts to onsite wetlands is provided by 0.48 acre of herbaceous wetland creation. The mitigation authorized in this project completely replaces the mitigation requirements of the first phase of Hallam Preserve, ERP No. 43028191.000. Because significant design alterations are proposed to the previously authorized mitigation, the relative functional gain of the mitigation authorized by ERP No. 43028191.000 was decreased resulting in the need for additional mitigation acreage of 0.06 acre above that required by that authorization. This proposal adds the additional acreage to the existing required acreage as per the previous authorization. The functional loss of 0.15 due to wetland impacts associated with this project is offset by the functional gain of 0.15 provided by the mitigation. The amount of mitigation required was determined through the use of the Unified Mitigation Assessment Methodology (Chapter 62-345 F.A.C.).

Utilities

Potable water and wastewater service will be provided by Polk County Utilities.

● Meets Rule Requirements. Staff recommends approval.

- 83 -

- 84 - Environmental Resource Permit Summary Default Date: January 10, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43028191.001

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Hallam Preserve West

GRANTED TO: Highlands Acreage, Ltd., & Hallam Enterprises, Inc. 1917 Clubhouse Road Lakeland, FL 33813

ABSTRACT: This permit authorization modifies Permit No. 43028191.000 by replacing the required mitigation and authorizes the construction of a new surface water management system serving a 118.48-acre phase of a single-family residential project as named above and as shown on the approved construction drawings. The project site is located on the south side of County Road 540A, approximately one and one-half miles east of State Road 37, south of the city of Lakeland, Polk County. Information regarding the surface water management systems, 100-year floodplain and wetlands is contained within the tables and comments below.

OP. & MAINT. ENTITY: Hallam Preserve Homeowners Association, Inc.

COUNTY: Polk

SEC/TWP/RGE: 19,20/29S/24E

TOTAL ACRES OWNED OR UNDER CONTROL: 226.60

PROJECT SIZE: 118.48 Acres

LAND USE: Single-family Residential

DATE APPLICATION FILED: August 12, 2005

AMENDED DATE: N/A

- 85 - Permit No.: 43028191.001 Project Name: Hallam Preserve West

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK 1 0.60 Wet Detention 2 0.32 Wet Detention 3 0.69 Wet Detention 4 0.24 Wet Detention 5 0.32 Wet Detention 6 0.69 Wet Detention 7 1.51 Wet Detention 8 0.77 Wet Detention TOTAL 5.14

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) 0.35 0.00 MI [ X ] Depth [ 0.07 ]

*Codes [ X ] for the type or method of compensation provided are as follows: 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 Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC. A 0.41 0.41 0.00 0.00 B 5.95 5.95 0.00 0.00 C 7.42 7.42 0.00 0.00 D 0.20 0.20 0.00 0.00 Mitigation Area D 0.18 0.00 0.00 0.18 TOTAL 14.16 13.98 0.00 0.18

Comments: The project area contains 14.16 acres of wetlands consisting of 0.20 acre of herbaceous wetlands (Wetland D), 13.78 acres of mixed forested wetlands (Wetlands A, B, and C), and 0.18 acre of previously permitted, but not constructed, mitigation area (Mitigation Area D). Permanent impacts are proposed to 0.18 acre of Mitigation Area D, which resulted in a change in the design of the previously approved mitigation area.

- 86 - Permit No.: 43028191.001 Project Name: Hallam Preserve West

Mitigation Information: AREA CREATED/ UPLAND ENHANCED WETLANDS MISC. MITI. NO. RESTORED PRESERVED WETLAND PRESERVED AC. AC. AC. AC. AC.

M-1 0.30 0.00 0.00 0.00 0.00 M-2 0.18 0.00 0.00 0.00 0.00 TOTAL 0.48 0.00 0.00 0.00 0.00 NET CHANGE +0.19 OTHER MITIGATION TOTAL 0.00

Comments: Mitigation for the permanent impacts to onsite wetlands is provided by 0.48 acre of herbaceous wetland creation (M-1, 0.30 acre, and M-2, 0.108 acre). The mitigation authorized in this project completely replaces the mitigation requirements of the first phase of Hallam Preserve, ERP No. 43028191.000. Because significant design alterations are proposed to the previously authorized mitigation, the relative functional gain of the mitigation authorized by ERP No. 43028191.000 was decreased resulting in the need for additional mitigation acreage of 0.06 acre above that required by that authorization. This proposal adds the additional acreage to the existing required acreage as shown on the table above. The functional loss of 0.15 due to wetland impacts associated with this project is offset by the functional gain of 0.15 provided by the mitigation. The amount of mitigation required was determined through the use of the Unified Mitigation Assessment Methodology (Chapter 62-345 F.A.C.).

Watershed Name: Alafia River

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 87 -

CONSENT ITEMS

DISCUSSION PAPER 69. ENVIRONMENTAL RESOURCE APPLICATION NO. 43029113.000 PCSB - High School BBB

SUMMARY

• Project Type:

116.70-acre public school project.

• Location:

On the south side of Saddle Creek Road, approximately one-half mile west of the intersection of Old Dixie Highway and Saddle Creek Road in Polk County.

• Surface Water Management System:

Engineering

Treatment and attenuation of stormwater runoff to be accomplished through a wet detention system.

100-year Floodplain

There will be 2.72 acre–feet of flood plain encroachment with 2.95 acre-feet of floodplain compensation through equivalent excavation.

Environmental

The project area includes 21.96 acres of wetlands consisting of 14.68 acres of forested wetlands and 7.28 acres of herbaceous wetlands.

Permanent impacts are proposed to 0.59 acre of herbaceous wetland due to the construction of the roadway and associated sidewalk, and a boardwalk. Temporary impacts are proposed to 0.11 acre of forested and herbaceous wetland due to the construction of the stormwater pipes.

Mitigation for the permanent wetland impacts is provided by the creation of 1.12 acres of herbaceous wetland.

Utilities

Potable water and wastewater service will be provided by the city of Auburndale.

• Meets Rule Requirements. Staff recommends approval.

- 88 -

- 89 - Environmental Resource Permit Summary Default Date: December 15, 2005

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43029113.000

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: PCSB - High School BBB

GRANTED TO: Polk County School Board Post Office Box 391 Bartow, FL 33831-0391

ABSTRACT: This permit authorization is for the construction of a new surface water management system serving a 116.70-acre public school project as named above and as shown on the approved construction drawings. The project site is located on the south side of Saddle Creek Road, approximately one-half mile west of the intersection of Old Dixie Highway and Saddle Creek Road in -Polk County. An Incidental Site Activities (ISA) Permit was issued for the project on September 29, 2005, authorizing installation of erosion and sediment control measures, limited clearing and limited excavation in upland areas of the project. Information regarding the surface water management systems, 100-year floodplain and wetlands is contained within the tables and comments below.

OP. & MAINT. ENTITY: Polk County School Board

COUNTY: Polk

SEC/TWP/RGE: 1,12/28S/24E and 6/28S/25E

TOTAL ACRES OWNED OR UNDER CONTROL: 141.00

PROJECT SIZE: 116.70 Acres

LAND USE: Government

DATE APPLICATION FILED: June 24, 2005

AMENDED DATE: N/A

- 90 - Permit No.: 43029113.000 Project Name: PCSB – High School BBB

I. Water Quantity/Quality

AREA POND NO. ACRES @ TOP OF BANK TREATMENT TYPE 1 5.60 Wet Detention TOTAL 5.60

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) 2.72 2.95 EE [X] Depth [N/A]

*Codes [X] for the type or method of compensation provided are as follows: EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review; N/A = Not Applicable

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

III. Environmental Considerations

Wetland Information: NOT TEMPORARILY PERMANENTLY TOTAL IMPACTED DISTURBED DESTROYED WETLAND NO. AC. AC. AC. AC. W-1 6.13 6.13 0.00 0.00 W-2F 14.68 14.67 0.01 0.00 W-2H 0.92 0.28 0.10 0.54 W-3 0.23 0.18 0.00 0.05 TOTAL 21.96 21.26 0.11 0.59

Comments: The project area includes 21.96 acres of wetlands consisting of 14.68 acres of forested wetlands (W-2F) and 7.28 acres of herbaceous wetlands (W-1, 6.13 ac; W-2H, 0.92 ac; and W-3, 0.23 ac). Permanent impacts are proposed to 0.59 acre of herbaceous wetlands (W- 2H, 0.54 ac and W-3, 0.05 ac) due to the construction of the roadway, associated sidewalk, and boardwalk. Temporary impacts are proposed to 0.11 acre of forested and herbaceous wetlands (W-2F, 0.01 ac and W-2H, 0.10 ac) due to the construction of the stormwater pipes.

- 91 - Permit No.: 43029113.000 Project Name: PCSB – High School BBB

Mitigation Information: CREATED/ UPLAND ENHANCED WETLANDS AREA RESTORED PRESERVED WETLAND PRESERVED MISC. MITI. NO. AC. AC. AC. AC. AC. Area A 1.12 0.00 0.00 0.00 0.00 TOTAL 1.12 0.00 0.00 0.00 0.00 NET CHANGE +0.53 OTHER MITIGATION TOTAL 0.00

Comments: Mitigation for the permanent impact to 0.59 acre of herbaceous wetlands (W-2H, 0.54 ac and W-3, 0.05 ac) is provided by the creation of 1.12 acre of herbaceous wetland (Area A) adjacent to W-2F. The amount of mitigation was determined through the use of the Uniform Mitigation Assessment Methodology (Chapter 62-345 F.A.C.).

The functional gain for the mitigation proposed in this authorization is 0.41, which offsets the functional loss (0.41) caused by the impacts proposed by this project.

Watershed Name: Peace River

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 92 -

CONSENT ITEMS

DISCUSSION PAPER 70. ENVIRONMENTAL RESOURCE APPLICATION NO. 43029222.000 Horse Creek

SUMMARY

● Project Type:

262.88-acre single-family residential project.

● Location:

At the northeast corner of the intersection of Walker Road and Swindell Road in Polk County.

● Surface Water Management System:

Engineering

Treatment and attenuation of storm water runoff to be accomplished through nine detention systems and four retention systems.

100-year Floodplain

There will be 7.53 acre-feet of floodplain encroachment with 11.83 acre-feet of compensation through equivalent excavation.

Environmental

The project area contains 74.21 acres of wetlands consisting of 15.83 acres of herbaceous wetlands and 58.38 acres of forested wetlands.

There are 0.48 acre of permanent wetland impacts proposed to isolated, less than half acre herbaceous wetlands.

No mitigation is required for the impacts to the isolated less than half acre wetlands because they meet the requirements of the Basis of Review subsection 3.2.2.2.

● Meets Rule Requirements. Staff recommends approval.

- 93 -

- 94 - Environmental Resource Permit Summary Default Date: January 5, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43029222.000

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Horse Creek

GRANTED TO: Land South Development Company, LLC 5900 Imperial Lakes Boulevard Mulberry, FL 33860

ABSTRACT: This permit authorization is for the construction of a new surface water management system serving a 262.88-acre single-family residential project as named above and as shown on the approved construction drawings. The project site is located at the northeast corner of the intersection of Walker Road and Swindell Road in Polk County. Information regarding the surface water management systems, 100-year floodplain and wetlands is contained within the tables and comments below.

OP. & MAINT. ENTITY: Horse Creek of Polk County Homeowners' Association, Inc.

COUNTY: Polk

SEC/TWP/RGE: 8,9,17/28S/23E

TOTAL ACRES OWNED OR UNDER CONTROL: 262.88

PROJECT SIZE: 262.88 Acres

LAND USE: Residential

DATE APPLICATION FILED: July 15, 2005

AMENDED DATE: N/A

- 95 - Permit No.: 43029222.000 Project Name: Horse Creek

I. Water Quantity/Quality

POND AREA TREATMENT TYPE NO. ACRES @ TOP OF BANK A 0.56 Wet Detention B 2.50 Wet Detention C 1.97 Wet Detention D 2.02 Wet Detention E 1.87 Wet Detention F 1.14 Retention G 1.28 Retention H 1.39 Retention J1 0.61 Wet Detention J2 0.64 Wet Detention K 1.04 Wet Detention L 1.55 Wet Detention M 0.16 Retention TOTAL 16.73

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) 7.53 11.83 EE [ X ] Depth [ N/A ]

*Codes [ X ] for the type or method of compensation provided are as follows: EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review; N/A = Not Applicable

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

III. Environmental Considerations

Wetland Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC.

1 1.41 1.41 0.00 0.00 2 1.69 1.69 0.00 0.00 3 7.24 7.24 0.00 0.00 4 0.33 0.33 0.00 0.00

- 96 - Permit No.: 43029222.000 Project Name: Horse Creek

Wetland Information: WETLAND NO. TOTAL NOT TEMPORARILY PERMANENTLY AC. IMPACTED DISTURBED DESTROYED AC. AC. AC. 5 0.26 0.26 0.00 0.00 6 0.04 0.04 0.00 0.00 7 1.58 1.58 0.00 0.00 8 1.08 1.08 0.00 0.00 9 0.18 0.18 0.00 0.00 10 0.99 0.99 0.00 0.00 11 3.74 3.74 0.00 0.00 12 3.06 3.06 0.00 0.00 13 0.06 0.06 0.00 0.00 14 13.05 13.05 0.00 0.00 15 5.27 5.27 0.00 0.00 16 33.26 33.26 0.00 0.00 17 0.97 0.97 0.00 0.00 TOTAL 74.21 74.21 0.00 0.00

Comments: The project area contains 74.21 acres of wetlands consisting of 15.83 acres of herbaceous wetlands (Wetlands 1 – 10, 13, and 17) and 58.38 acres of forested wetlands (Wetlands 11, 12, 14, 15, and 16). There are 0.48 acre of permanent wetland impacts proposed to isolated, less than half acre wetlands (Wetlands 5, 6, and 9). The impacts to the isolated less than half acre wetlands are not shown on the table above because they were deemed insignificant. No mitigation is required for the impacts to the isolated less than half acre wetlands because they meet the requirements of the Basis of Review subsection 3.2.2.2.

Watershed Name: Hillsborough River

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 97 -

CONSENT ITEMS

DISCUSSION PAPER 71. ENVIRONMENTAL RESOURCE APPLICATION NO. 49025469.003 Sarasota Interstate Park of Commerce, Phase 1B

SUMMARY

• Project Type:

This permit is for the construction approval of a surface water management system servicing a 188.91-acre commercial project.

• Location:

The project is located in the southwest quadrant of the I-75/University Parkway Interchange.

• Surface Water Management System:

Engineering

Quantity/Quality

Peak attenuation storage and water quality treatment are provided in a series of interconnected wet detention ponds.

100-Year Floodplain

105.90 acre-feet of encroachment

164.43 acre-feet of compensation

Environmental

The project area contains 0.85 acre of disturbed herbaceous wetlands.

The project also contains 1.77 acres of agricultural drainage ditches and cattle ponds.

Permanent impacts are proposed to 0.85 acre of herbaceous wetlands.

Permanent impacts are also proposed to 1.77 acres of upland-cut ditches and cattle ponds.

Mitigation for wetland impacts was previously evaluated and permitted by a prior permit for the Conservation/Mitigation Area in accordance with the conceptual permit.

Mitigation for water quality impacts to the ditches and cow ponds will be provided by the project's surface water management system.

• Meets Rule Requirements. Staff recommends approval.

- 98 -

- 99 - Environmental Resource Permit Summary Default Date: January 17, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION MODIFICATION PERMIT NO. 49025469.003

Expiration Date: November 30, 2010 PERMIT ISSUE DATE: November 30, 2005

PROJECT NAME: Sarasota Interstate Park of Commerce, Phase 1B

GRANTED TO: Sarasota Associates A-1, LLC, Sarasota Associates B-II, LLC, Sarasota Associates C-III, LLC, Sarasota Associates D-IV, LLC, Sarasota Associates E-V, LLC, DeSoto Road Associates I, LLC, and Honore Associates I, LLC 8441 Cooper Creek Boulevard University Park, FL 34201

Board of County Commissioners, Sarasota County 1001 Sarasota Center Boulevard Sarasota, FL 34240

ABSTRACT: This permit is for the construction approval of a surface water management system that serves a 188.91-acre commercial development known as the Sarasota Interstate Park of Commerce, Phase 1B. The project is located in the southwest quadrant of the I-75/University Parkway Interchange. Information regarding the surface water management system, 100-year floodplain, and wetlands is contained within the tables and comments below.

OP. & MAINT. ENTITY: Benderson Development Company

COUNTY: Sarasota

SEC/TWP/RGE: 1/18S/35E

TOTAL ACRES OWNED OR UNDER CONTROL: 276.31

PROJECT SIZE: 188.91 Acres

LAND USE: Commercial

DATE APPLICATION FILED: March 9, 2004

AMENDED DATE: N/A

- 100 - Permit No.: 49025469.003 Project Name: Sarasota Interstate Park of Commerce, Phase 1B

I. Water Quantity/Quality

AREA POND NO. ACRES @ TOP OF BANK TREATMENT TYPE A-IC 0.49 Wet Detention B-IA 0.69 Wet Detention B-IB 0.31 Wet Detention B-2 0.85 Wet Detention B-3 0.79 Wet Detention C 21.07 Wet Detention North Lake 63.13 Wet Detention TOTAL 87.33

Comments: Pond A-IA, approved in Environmental Resource Permit (ERP) No. 49025469.001, will be reshaped and reduced in size to 1.33 acres at top of bank.

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) NE [ ] Depth [N/A] 105.90 164.43 EE [X] Depth [N/A] SM [ ] Depth [N/A] MI [ ] Depth [N/A]

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

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

- 101 - Permit No.: 49025469.003 Project Name: Sarasota Interstate Park of Commerce, Phase 1B

III. Environmental Considerations

Wetland Information: NOT TEMPORARILY PERMANENTLY TOTAL IMPACTED DISTURBED DESTROYED WETLAND NO. AC. AC. AC. AC. F1 0.21 0.00 0.00 0.21 F3 0.32 0.00 0.00 0.32 G 0.32 0.00 0.00 0.32 TOTAL 0.85 0.00 0.00 0.85

Comments: The project area contains 0.85 acre of herbaceous wetlands, which have been disturbed by agricultural practices. Each of the wetlands above extends outside of the project area. The project also contains 1.77 acres of agricultural drainage ditches and cattle ponds. Permanent impacts are proposed to 0.85 acre of herbaceous wetlands. Permanent impacts are also proposed to 1.77 acres of upland-cut ditches and cattle ponds.

Mitigation Information:

Comments: Mitigation for wetland impacts was previously evaluated and permitted by ERP No. 49025469.002 for the Conservation/Mitigation Area in accordance with the Conceptual permit, ERP No. 49025469.000. Mitigation for water quality impacts to surface waters will be provided by the project's surface water management system.

Watershed Name: Manatee River

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

- 102 -

CONSENT ITEMS

DISCUSSION PAPER 72. WATER USE PERMIT APPLICATION NO. 20011124.003 DiMare Ruskin #2, LLC

SUMMARY

• Modification of an existing permit for agricultural use.

• DeSoto County, within the Southern Water Use Caution Area.

• Quantities Existing (gpd) Proposed (gpd) Change (gpd)

Standard Annual Average 2,259,100 2,259,100 0 Drought Annual Average 2,259,100 2,259,100 0 Peak Month 5,989,000 4,917,300 -1,071,700

• This modification transfers ownership to a new property owner, reduces total owned acreage, and modifies the crop plan.

• There is no proposed change in the permitted standard annual average daily quantities. The peak month daily quantities are reduced from 5,989,000 gpd to 4, 917,300 gpd (reduction of 1,071,700 gpd). Proposed quantities are based on the District's agricultural water use program, AGMOD.

• There is one existing 16-inch diameter well open to both the intermediate and upper Floridan aquifer systems. Five proposed 16-inch diameter wells will be open exclusively to the upper Floridan aquifer system. The casing and total depths for a 4-inch diameter well used only for spray mixing are unknown.

• Treated effluent for alternative use is not available for this site.

• Special conditions include those that require the Permittee to maintain existing meters, install meter on new withdrawal points, submit monthly meter readings, submit seasonal and annual crop reports, adhere to well construction stipulations, cap withdrawal points not in use, implement irrigation conservation measures, monitor existing wetlands, and comply with the requirements for water use in the SWUCA.

• Meets rule requirements. Staff recommends approval.

- 103 -

- 104 - Water Use Permit Summary Default Date: January 10, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT WATER USE INDIVIDUAL PERMIT NO. 20011124.003

PERMIT ISSUE DATE: November 30, 2005 EXPIRATION DATE: January 29, 2012

THE PERMITTEE IS RESPONSIBLE FOR APPLYING FOR A RENEWAL OF THIS PERMIT PRIOR TO THE EXPIRATION DATE WHETHER OR NOT THE PERMITTEE RECEIVES PRIOR NOTIFICATION BY MAIL. FAILURE TO DO SO AND CONTINUED USE OF WATER AFTER EXPIRATION DATE IS A VIOLATION OF DISTRICT RULES AND MAY RESULT IN A MONETARY PENALTY AND/OR LOSS OF WATER. APPLICATION FOR RENEWAL PRIOR TO THE EXPIRATION DATE IS SUBJECT TO DISTRICT EVALUATION AND APPROVAL.

This permit, issued under the provision of Chapter 373, Florida Statutes and Florida Administrative Code 40D-2, authorizes the Permittee to withdraw the quantities outlined herein, and may require various activities to be performed by the Permittee as outlined by the Special Conditions. This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the Permittee from complying with any applicable local government, state, or federal law, rule, or ordinance. This permit, subject to all terms and conditions, meets all District permitting criteria.

GRANTED TO: DiMare Ruskin #2, LLC Post Office Box 967 Ruskin, FL 33575-0967

COUNTY: DeSoto

PROJECT NAME: County Line Farm

WATER USE CAUTION AREA: Southern

ABSTRACT: This is a modification of an existing agricultural water use permit to transfer ownership, reduce acreage and change the crop plan. The standard annual average quantities remain 2,259,100 gallons per day (gpd) and peak month quantities are reduced to 4,917,300 gpd (reduction of 1,071,700 gpd). Quantities were determined using the District's agricultural water use program, AGMOD based on the new crop plan. Special conditions include those that require the Permittee to maintain existing meters, install meters on the proposed withdrawal points, submit monthly meter readings, submit seasonal crop reports, adhere to well construction stipulations, cap withdrawal points not in use, implement irrigation conservation measures, monitor existing wetlands, and comply with the new requirements for water use in the Southern Water Use Caution Area.

TYPE OF APPLICATION: Modification APPLICATION FILED: February 18, 2005

APPLICATION AMENDED: N/A ACRES: 2,143.8 Owned

PROPERTY LOCATION: DeSoto County, approximately 9 miles northwest of the city of Arcadia on the north and south side of State Road 70.

- 105 - Permit No.: 20011124.003 Permittee: DiMare Ruskin #2, LLC

TOTAL QUANTITIES AUTHORIZED UNDER THIS PERMIT (in gpd)

STANDARD ANNUAL AVERAGE1 2,259,100 DROUGHT ANNUAL AVERAGE2 2,259,100 PEAK MONTH3 4,917,300

Standard Annual Drought Annual Peak Use Average (gpd) Average (gpd) Month (gpd)

Agricultural 2,259,100 2,259,100 4,917,300

STANDARD DROUGHT IRRIGATION IRRIGATION IRRIGATION CROP/USE TYPE ACRES METHOD RATE RATE

Spring Tomatoes/Row Crop 491 Drip with mulch/Seepage 26.0"/yr. 26.0"/yr. Fall Tomatoes/Row Crop 696 Drip with mulch/Seepage 25.3"/yr. 25.3"/yr. Spray Mix

- 106 -

CONSENT ITEMS

DISCUSSION PAPER 73. WATER USE PERMIT APPLICATION NO. 20011181.008 Batista and Evelyn Madonia

SUMMARY

• Renewal with modification of an existing Agricultural permit.

• Hillsborough and Polk Counties, within the Southern Water Use Caution Area.

• Quantities Existing (gpd) Proposed (gpd) Change (gpd)

Standard Annual Average 1,376,600 1,590,500 +213,900 Drought Annual Average 1,482,900 1,652,600 +169,700 Peak Month 3,722,000 3,360,400 -361,600 Crop Protection 23,440,000 23,440,000 N/A

• The changes in quantities are due to changes in crop type grown, however the total irrigated area remains the same. The previous permit was for irrigation of strawberries, citrus, spring and fall tomatoes, and fall cucumbers. The proposed permit is for citrus, and spring and fall tomatoes. Although strawberries are no longer a routine crop, crop protection quantities remain the same because the Permittee may grow strawberries in some years in lieu of some tomatoes.

• The permit duration will be for 6 years due to the increase in Annual Average quantities.

• There are 12 existing wells open only to the Floridan aquifer and one existing well open to both the intermediate aquifer and the Floridan aquifer. One existing and two proposed surface water withdrawals provide tailwater recovery for irrigation uses when available.

• Reclaimed water is not available. The Permittee has implemented use of available surface water.

• Special conditions include those that require the Permittee to continue to record and report monthly meter readings, maintain all existing meters, implement water conservation practices, investigate/mitigate well complaints related to crop protection use, adhere to rule-prescribed irrigation application rates, and submit seasonal and annual crop reports.

• Meets rule requirements. Staff recommends approval.

- 107 -

- 108 - Water Use Permit Summary Default Date: December 1, 2005

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT WATER USE INDIVIDUAL PERMIT NO. 20011181.008

PERMIT ISSUE DATE: November 30, 2005 EXPIRATION DATE: November 30, 2011

GRANTED TO: Batista and Evelyn Madonia Post Office Box 2636 Plant City, FL 33564-9850

COUNTY: Hillsborough and Polk

PROJECT NAME: Miles/Hwy 60/Cantina Farm

WATER USE CAUTION AREA: Southern

ABSTRACT: This is a renewal with modification of an existing permit for agricultural use. Standard annual average quantities increase from 1,376,600 gallons per day (gpd) to 1,590,500 gpd (increase of 213,900 gpd), drought annual average quantities increase from 1,482,900 gpd to 1,652,600 gpd (increase of 169,700 gpd), peak month quantities decrease from 3,722,000 gpd to 3,360,400 gpd (decrease of 361,600 gpd), and quantities for crop protection are unchanged at 23,440,000 gpd. The changes in annual average and peak month quantities are due to changes in crops grown; however the total amount of irrigated acres remains the same. The District’s agricultural water use calculation program, AGMOD, was used to determine irrigation quantities. Special conditions include those that require the Permittee to continue to record and report monthly meter readings, maintain all existing meters, implement water conservation practices, investigate/mitigate well complaints related to crop protection use, adhere to rule- prescribed irrigation application rates, and submit seasonal and annual crop reports.

TYPE OF APPLICATION: Renewal APPLICATION FILED: January 21, 2005

APPLICATION AMENDED: N/A ACRES: 1,184 Owned

PROPERTY LOCATION: Hillsborough and Polk Counties, approximately 5 miles south southeast of Plant City, 0.25 mile south of the intersection of State Road 60 and County Line Road, on the boundary of Polk and Hillsborough County.

- 109 - Permit No. 20011181.008 Permittee: Batista and Evelyn Madonia

TOTAL QUANTITIES AUTHORIZED UNDER THIS PERMIT (in gpd)

STANDARD ANNUAL AVERAGE1 1,590,500 DROUGHT ANNUAL AVERAGE2 1,652,600 PEAK MONTH3 3,360,400 CROP PROTECTION/MAXIMUM4 23,440,000 CREDIT BALANCE5 45,365,940 gallons

1 Standard Annual Average: the annual average quantity for all uses. Irrigation quantities for non-plastic-mulched crops area based on historical average rainfall (5-in-10). 2 Drought Annual Average: the calculated annual average irrigation quantity based on rainfall conditions which are less than the historical average rainfall (either 2-in-10 drought basis, or in the case of plastic-mulched crops, no rainfall.) 3 Peak Month: the highest amount of water in gallons needed during any month divided by the number of days per month. 4 Crop Protection: the maximum daily amount of water permitted for frost and freeze protection of crops. Maximum: the maximum amount of water permitted to use in a single 24-hour day. 5 Credit Balance: for crops with a drought annual average, the volume of water that is available to use as needed when the amount of actual rainfall at the crop or plant site is less than the historical average.

Standard Annual Drought Annual Peak Crop Use Average (gpd) Average (gpd) Month (gpd) Protection (gpd)

Agricultural: 1,589,500 1,651,600 3,358,400 23,440,000 Industrial/Commercial: 1,000 1,000 2,000 N /A

STANDARD DROUGHT IRRIGATION IRRIGATION IRRIGATION CROP/USE TYPE ACRES METHOD RATE RATE

Fall Tomatoes/Row Crop 316.9 Drip with mulch/seepage 29.7"/yr. 29.7"/yr. Spring Tomatoes/Row Crop 316.9 Drip with mulch/seepage 30.4"/yr. 30.4"/yr. Citrus 168.1 Low volume under tree spray 15.3"/yr. 20.9"/yr. Spray Mix Personal Sanitary Use Truck Crop Packing

FACILITY NAME

Miles/Hwy 60/Cantina Farm

- 110 -

CONSENT ITEMS

DISCUSSION PAPER 74. WATER USE PERMIT APPLICATION NO. 20011536.007 John Falkner

SUMMARY

• Renewal of an existing agricultural WUP and an increase in quantities through relocation.

• Manatee County, within the Most Impacted Area (MIA) of the Southern Water Use Caution Area (SWUCA).

• Quantities Existing (gpd) Proposed (gpd) Change (gpd)

Standard Annual Average 126,200 2,426,200 2,300,000 Drought Annual Average 126,200 2,426,200 2,300,000 Peak Month 318,400 3,318,400 3,000,000

• This permit action actually results in a net decrease in permitted quantities in the MIA of the SWUCA. A permitted Annual Average quantity of 301,000 gpd will be permanently retired to the resource.

• Quantities at this site increase through relocation of quantities from John Falkner/DG Farms, WUP No. 20001946.008, located in Hillsborough County, within the MIA.

• Upon approval of this application, the John Falkner/DG Farms WUP (donor WUP) will be modified to reduce permitted quantities to an Annual Average quantity of 285,000 gpd and a Peak Month quantity of 686,800 gpd.

• Four existing and three proposed groundwater withdrawals on this permit. The three proposed withdrawals will be open exclusively to the upper Floridan aquifer. One of the existing withdrawals is open only to the intermediate aquifer. Of the remaining three withdrawals, one is assumed to be open to both the intermediate and upper Floridan aquifers. The other two withdrawals are assumed to be open to only the upper Floridan aquifer.

• Treated wastewater is not currently available at this site.

• Special conditions include those that require the Permittee to install meters on existing and proposed withdrawals; submit monthly meter readings; submit seasonal crop reports; adhere to well construction stipulations; caliper or video log three withdrawals; investigate the feasibility of reuse and report such future connections; cap withdrawal points not in use; implement irrigation conservation measures; install and utilize water table monitor wells; irrigate only specified farm fields; install tailwater recovery system; and comply with the new requirements for water use in the Southern Water Use Caution Area.

• Meets rule requirements. Staff recommends approval.

- 111 -

- 112 - Water Use Permit Summary Default Date: January 19, 2006

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT WATER USE INDIVIDUAL PERMIT NO. 20011536.007

PERMIT ISSUE DATE: November 30, 2005 EXPIRATION DATE: November 30, 2011

GRANTED TO: John Falkner 4555 Verna Bethany Road Myakka City, FL 34251

COUNTY: Manatee

PROJECT NAME: Northgate Farms

WATER USE CAUTION AREA: Most Impacted Area - Southern

ABSTRACT: This is a renewal of an existing agricultural water use permit and an increase in quantities through relocation. This project is located in Manatee County within the Most Impacted Area (MIA) of the Southern Water Use Caution Area (SWUCA). The donor WUP is an existing agriculture permit located in Hillsborough County, within the MIA of the SWUCA. The annual average daily quantity increases from 126,200 gallons per day (gpd) to 2,426,200 gpd (increase of 2,300,000 gpd) and the peak month daily quantity increases from 318,400 gpd to 3,318,400 gpd (increase of 3,000,000 gpd). The increase in quantities at this site is due solely to relocation. In addition, there is a net reduction of 301,000 gpd permitted annual average quantities retired to the resource in the MIA from the donor permit.

Special conditions include those that require the Permittee to install meters on existing and proposed withdrawals; submit monthly meter readings; submit seasonal crop reports; adhere to well construction stipulations; caliper or video log three withdrawals; investigate the feasibility of reuse and report such future connections; cap withdrawal points not in use; implement irrigation conservation measures; install and utilize water table monitor wells; irrigate only specified farm fields; install tailwater recovery system; and comply with the new requirements for water use in the Southern Water Use Caution Area.

- 113 - Permit No.: 20011536.007 Permittee: John Falkner

TYPE OF APPLICATION: Renewal APPLICATION FILED: June 3, 2004

APPLICATION AMENDED: N/A ACRES: 2,668.9 Owned

PROPERTY LOCATION: Manatee County, approximately 3 miles east of the intersection of State Highway 64 and County Road 675, on the north side of State Highway 64.

TOTAL QUANTITIES AUTHORIZED UNDER THIS PERMIT (in gpd)

STANDARD ANNUAL AVERAGE1 2,426,200 DROUGHT ANNUAL AVERAGE2 2,241,200 PEAK MONTH3 3,318,400

Standard Annual Drought Annual Peak Use Average (gpd) Average (gpd) Month (gpd)

Agricultural: 2,421,200 2,241,200 3,310,900 Public Supply: 5,000 N / A 7,500

STANDARD DROUGHT IRRIGATION IRRIGATION IRRIGATION CROP/USE TYPE ACRES METHOD RATE RATE

Spring Tomatoes/Row Crop 534.5 Drip with mulch/seepage 37.0"/yr. 37.0"/yr. Fall Peppers/Row Crop 456 Drip with mulch/seepage 28.0"/yr 28.0"/yr. Residential

SERVICE AREA NAME

Northgate Farms

- 114 -

CONSENT ITEMS

DISCUSSION PAPER 75. WATER USE PERMIT APPLICATION NO. 20004257.012 Rainbow Springs Utilities, LC

SUMMARY

• Modification of an existing permit for public supply use.

• Marion County.

• Quantities Existing (gpd) Proposed (gpd) Change (gpd)

Annual Average 1,130,000 1,263,000 133,000 Peak Month 1,630,000 1,869,000 239,000

• Proposed quantities are for potable use that includes personal lawn and landscape irrigation for a projected population of 8418. The increase in quantities is due to the addition of a new, distinct service area and its associated population.

• The current per capita rate is 150 gallons per person per day. The proposed per capita rate is 150 gallons per person per day.

• There is one existing 10-inch and six existing 12-inch diameter wells, all of which are open to the Floridan aquifer. Two new 12-inch diameter Floridan aquifer wells will be constructed for this additional service area. The area serviced by these new wells will not be physically connected to the rest of the water system and will have its own treatment plant.

• Special conditions include those that require the Permittee to record and report quantities and the quality of water withdrawn from all wells; monitor ground water quality investigate the feasibility of using reclaimed water to replace lawn and landscape irrigation within the service area; implement the approved water conservation and environmental monitoring plans; submit an annual water use report; and sample the ground water quality in two proposed wells.

• Meets rule requirements. Staff recommends approval.

- 115 -

- 116 - Water Use Permit Summary Default Date: December 29, 2005

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT WATER USE INDIVIDUAL PERMIT NO. 20004257.012

PERMIT ISSUE DATE: November 30, 2005 EXPIRATION DATE: July 27, 2010

GRANTED TO: Rainbow Springs Utilities, LC Post Office Box 1850 Dunnellon, FL 34430

COUNTY: Marion

PROJECT NAME: Rainbow Springs

WATER USE CAUTION AREA: N/A

ABSTRACT: This is a modification to increase quantities on an existing permit for public supply for single-family residential use. Annual average quantities increase from 1,130,000 gallons per day (gpd) to 1,263,000 gpd (increase of 133,000 gpd) and peak month quantities increase from 1,630,000 gpd to 1,869,000 gpd (increase of 239,000 gpd) for a projected population of 8,418 people. The gross per capita rate for the proposed quantities is 150 gpcd. Special Conditions include those that require the Permittee to record and report quantities and quality of water pumped from all wells on a monthly basis; submit information on final well locations; implement an approved water conservation plan; submit an annual water use report; and implement the approved environmental management plan.

TYPE OF APPLICATION: Modification APPLICATION FILED: June 17, 2005

APPLICATION AMENDED: N/A ACRES: 72 Owned 6,326 Serviced 6,398 Total

PROPERTY LOCATION: Marion County, approximately 3 miles north of Dunnellon on U.S. 41 and south of State Road 40, approximately 1 mile east of U.S. 41.

- 117 - Permit No.: 20004257.012 Permittee: Rainbow Springs Utilities, LC

TOTAL QUANTITIES AUTHORIZED UNDER THIS PERMIT (in gpd)

ANNUAL AVERAGE 1,263,000 PEAK MONTH 1,869,000

Annual Peak Use Average (gpd) Month (gpd)

Public Supply 1,263,000 1,869,000

SERVICE AREA NAME POPULATION SERVED PER CAPITA RATE

Rainbow Springs Utilities, LC 8,418 Gross 150 gpd/person

- 118 -

CONSENT ITEMS

DISCUSSION PAPER 76. WATER USE PERMIT APPLICATION NO. 20002978.010 Lindrick Service Corporation

SUMMARY

• Application for Permit Modification by Letter, to remove a permit condition from an existing permit for public supply use.

• Pasco County, within the Northern Tampa Bay Water Use Caution Area.

• Quantities Existing (gpd) Proposed (gpd) Change (gpd)

Annual Average 870,000 No Change 0 Peak Month 1,305,000 No Change 0

• The modification request is to remove from the permit Special Condition Number 9 as follows: The Permittee shall not be authorized to withdraw public drinking water from District ID Nos. 1, 3, 6, and 7, Permittee ID Nos. 1, 3, 6, and 7, until compliance with the applicable setback distances around public drinking water supply wells, as specified in Rule 62-555, are achieved. The total permitted withdrawal rates authorized by this Water Use Permit are limited to the sum of the active production wells. Assurance may be provided by providing the District with the appropriate Public Water System (PWS) Permit from the Department of Environmental Protection.

• The Permittee accepted the permit condition in 2003 as a means to keep the four wells on the Water Use Permit while resolution of the issues with the wells was pursued. The issues include inadequate setbacks from septic systems, and clearance of the wells for connection to a public water system. According to withdrawal reports, well 3 has been inactive since 1985, and well 1 likewise, except for brief pumping of well 1 in January 1988, December 1996 and January 1997. In 2003, wells 1 and 3 were observed to be in disrepair and too close to existing septic systems. Newer wells 6 and 7 were also determined to be too close to existing septic systems. None of the four wells are cleared for public supply use by the Florida Department of Environmental Protection. The Permittee has only four other active wells, and additional wells are needed in order to manage the potential for upcoming of mineralized water. District staff continue to work with the Permittee toward resolution of these problems.

• Staff recommends denial of the requested modification, because the applicant has not provided reasonable assurances that the use of the four wells, without the special condition, meets Rule 40D- 2.301(1)(g) and (m), Florida Administrative Code.

(g) Will not cause pollution of the aquifer. In evaluating this criterion, the District will consider whether the withdrawal would increase the potential for harm to the public health and safety. Until such time as reasonable assurances are provided that the wells meet the siting requirements for public supply wells, the use of the wells for that purpose creates the potential for harm to the public health and safety. (m) Will not otherwise be harmful to the water resources within the District. It has not been demonstrated that the requested permit modification is reasonable- beneficial, and consistent with the public interest.

- 119 -

- 120 -

CONSENT ITEMS

DISCUSSION PAPTER 77. WATER USE PERMIT APPLICATION NO. 20005015.005 Alico, Inc.

SUMMARY

• Renewal with modification of an existing water use permit for agricultural use.

• Polk County, within the Southern Water Use Caution Area.

• Quantities Existing (gpd) Proposed (gpd) Change (gpd)

Standard Annual Average 497,500 523,800 26,300 Drought Annual Average 674,400 675,300 900 Peak Month 3,017,000 2,697,300 –319,700 Crop Protection 15,508,800 14,112,000 –1,396,800

• The increases in the Standard and Drought Annual Average quantities, and the decreases in the Peak Month and Crop Protection quantities are due to an adjustment in the in the District’s Agricultural Water Use Calculation Program and to a better accounting for the irrigation system capacities. There has been no change in the irrigated acres (433.7 acres of citrus) or irrigation method.

• Two 10-inch diameter wells, two 16-inch diameter wells, and one 18-inch diameter well exist on the property. Two are known to be open solely to the Upper Floridan aquifer, and three are assumed to be open to both of the intermediate and Upper Floridan aquifers.

• Treated wastewater for reuse is not available for the project.

• Special conditions include those that require the Permittee to submit monthly meter readings; investigate feasibility of using reclaimed water; maintain existing flow meters; cap wells not in use; determine the actual well construction characteristics of three wells; modify the permit to reflect incorporation of any new alternative sources of water; implement irrigation conservation and best management practices; submit crop protection reports; comply with the permitted irrigation allotments and efficiency goals; and submit annual irrigation water use reports.

• Meets rule requirements. Staff recommends approval.

- 121 -

- 122 - Water Use Permit Summary Default Date: December 21, 2005

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT WATER USE INDIVIDUAL PERMIT NO. 20005015.005

PERMIT ISSUE DATE: November 30, 2005 EXPIRATION DATE: November 30, 2015

GRANTED TO: Alico, Inc. Post Office Box 338 La Belle, FL 33975

COUNTY: Polk

PROJECT NAME: Pittsburg Grove

WATER USE CAUTION AREA: Southern

ABSTRACT: This is a renewal with modification of an existing water use permit for agricultural use. The Standard Annual Average quantity increased from 497,500 gallons per day (gpd) to 523,800 gpd (increase of 26,300 gpd), the Drought Annual Average quantity increased from 674,400 gpd to 675,300 gpd (increase of 900 gpd), the Peak Month quantity decreased from 3,017,000 gpd to 2,697,300 (decrease of 319,700 gpd), and the Crop Protection quantity decreased from 15,508,800 gpd to 14,112,000 gpd (decrease of 1,396,800 gpd). The changes in permitted quantities are due to an adjustment in the District’s Agricultural Water Use Calculation Program and to a better accounting for the irrigation system capacities. There have been no changes in the irrigated acres or irrigation method.

Special conditions include those that require the Permittee to submit monthly meter readings; investigate feasibility of using reclaimed water; maintain existing flow meters; cap wells not in use; determine the actual well construction characteristics of three wells; modify the permit to reflect incorporation of any new alternative sources of water; implement irrigation conservation and best management practices; submit crop protection reports; comply with the permitted irrigation allotments and efficiency goals; and submit annual irrigation water use reports.

- 123 - Permit No.: 20005015.005 Permittee: Alico, Inc.

TYPE OF APPLICATION: Renewal APPLICATION FILED: June 14, 2005

APPLICATION AMENDED: N/A ACRES: 620.7 Owned

PROPERTY LOCATION: Polk County, approximately 5 miles southeast of the city of Frostproof; approximately 5 miles east of the intersection of U.S. Highway 27 and State Highway 17 (U.S. Highway 27A).

TOTAL QUANTITIES AUTHORIZED UNDER THIS PERMIT (in gpd)

STANDARD ANNUAL AVERAGE1 523,800 DROUGHT ANNUAL AVERAGE2 675,300 PEAK MONTH3 2,697,300 CROP PROTECTION/MAXIMUM4 14,112,000 CREDIT BALANCE5 110,627,900 gallons

1 Standard Annual Average: the annual average quantity for all uses. Irrigation quantities for non-plastic-mulched crops area based on historical average rainfall (5-in-10). 2 Drought Annual Average: the calculated annual average irrigation quantity based on rainfall conditions, which are less than the historical average rainfall (either 2-in-10 drought basis, or in the case of plastic-mulched crops, no rainfall.) 3 Peak Month: the highest amount of water in gallons needed during any month divided by the number of days per month. 4 Crop Protection: the maximum daily amount of water permitted for frost and freeze protection of crops. Maximum: the maximum amount of water permitted to use in a single 24-hour day. 5 Credit Balance: for crops with a drought annual average, the volume of water that is available to use as needed when the amount of actual rainfall at the crop or plant site is less than the historical average.

Standard Annual Drought Annual Peak Crop Use Average (gpd) Average (gpd) Month (gpd) Protection (gpd)

Agricultural 523,800 675,300 2,697,300 14,112,000

STANDARD DROUGHT IRRIGATION IRRIGATION IRRIGATION CROP/USE TYPE ACRES METHOD RATE RATE

Citrus 433.7 Low volume under tree spray 18.2"yr. 23.4"/yr.

- 124 - Consent Agenda November 30-December 1, 2005

78. Consent Order - Surface Water Activity - U.S.A. International Speedway, Inc. – Polk County

In June 2003, District staff observed dump trucks delivering dirt fill material to property located adjacent to Tomcow Road and the U.S.A. International Speedway located in Auburndale, Polk County. It appeared that a roadway and entrance from Tomcow Road was being constructed. Several days later, District staff conducted a site visit to the property and observed that the delivered fill material had since been graded out over the property. It appeared that some of the fill material may have been placed in wetlands adjacent to the roadway area. No sediment or erosion controls were observed. A review of District records revealed that no Environmental Resource Permit (ERP) had been obtained for the construction activities. Polk County records indicated the property was owned by U.S.A. International Speedway, Inc. (Owner). District staff subsequently spoke to Owner’s environmental consultant, who advised that sediment and erosion controls would be installed to prevent any impacts to on-site wetlands. In August 2003, District staff conducted another site visit to the property and observed that the erosion controls were in place, but additional fill material had been placed on other areas of the property.

On August 25, 2003, a Notice of Unauthorized Construction was issued, which advised that the addition of fill material and re-contouring of the property for what appeared to be an access road and parking areas constituted the construction of a new or alteration of an existing surface water management system without first obtaining an ERP from the District. On October 13, 2003, District staff conducted a site investigation of the property, at which time staff determined that fill material had been placed in wetlands in several areas, comprising approximately 0.2 to 0.3 acre. Owner representatives participating in the site investigation agreed to remove fill material from the impacted wetland areas. On May 18, 2004, the District issued a Notice of Violation concerning the unauthorized construction activities that had occurred on the property. On June 10, 2004, District staff observed that additional fill material had been placed in other areas on the property. On June 25, 2004, District staff conducted a site inspection of the property and determined there were 4 areas where fill material had been deposited and graded. One of the areas consisted of 6.6 acres which had been filled and graded into a motocross track. In total, fill material had been placed on approximately 9.2 acres, including approximately 0.1 acre of wetland soils where fill material had previously been removed but not completely restored to natural grade.

On January 7, 2005, a proposed Consent Order was issued. The Consent Order assessed penalties of $47,640 and costs of $2,000, for a total of $49,640 as follows:

• $1,000 for potential water quality degradation within the penalty range of $250 - $2,499 for such violations; • $1,140 for wetland impacts resulting in a functional loss of 0.057, multiplied by $20,000 for herbaceous wetlands; • $45,500 for the filling of 9.1 acres at $5,000 per acre; and • $2,000 in standard District enforcement costs for construction without an ERP.

Following the issuance of the Consent Order, Owner requested additional time to conduct an investigation into the matter. Owner made an initial offer to obtain an ERP for the construction activities and pay a total of $4,500 as follows:

- 125 - Consent Agenda November 30-December 1, 2005

• $2,500 in penalties; and • $2,000 for District enforcement costs.

District staff did not consider Owner’s offer to be sufficient for negotiating purposes. By letter dated April 25, 2005, Owner made another offer of $12,000 for penalties and costs as follows:

• $10,000 in penalties; and • $2,000 for District enforcement costs; payable in installments over 9 months.

Based upon a reassessment of the potential for the filled areas to have offsite impacts to water resources and whether any fill areas could be considered as grading or as substantially altering drainage patterns, District staff proposed a counter offer of $17,340 as follows:

• $1,000 for potential water quality degradation within the penalty range of $250 - $2,499 for such violations; • $1,140 for wetland impacts resulting in a functional loss of 0.057, multiplied by $20,000 for herbaceous wetlands; • $13,200 for 6.6 acres of grading relating to the motocross track, assessed at $2,000 per acre; and • $2,000 in standard District enforcement costs for construction without an ERP.

District staff anticipate receiving a signed Consent Order prior to the Board meeting.

Staff Recommendation:

Approve the proposed Consent Order and authorize the initiation of litigation in the event that U.S.A. International Speedway, Inc. fails to comply with the Consent Order.

Presenter: Martha A. Moore, Senior Attorney

- 126 - Consent Agenda November 30-December 1, 2005

79. Consent Order - Surface Water Activity - Marcia Associates, L.L.C. – Sarasota County

In a letter dated June 10, 2004, an environmental consultant representing Marcia Associates, L.L.C. (Owner), requested a meeting with District staff to verify the jurisdictional delineation on a 0.63-acre site in Sarasota (the Property). District staff conducted site visits on July 3, and October 29, 2004, and determined that the Property contained wetlands. District staff documented this determination in a letter dated December 1, 2004.

On December 14, 2004, District staff were contacted by Sarasota County staff regarding construction activities on the Property. District staff conducted site inspections on December 15, and 21, 2004, and observed unauthorized construction activities occurring on the site including clearing, wetlands impacts and a lack of turbidity and erosion controls throughout the Property.

A Notice of Unauthorized Construction was sent to Owner on January 26, 2005. On September 1, 2005, Owner submitted an Environmental Resource Permit (ERP) application for a proposed office building, associated parking and a surface water management system on the Property. In the application, Owner is proposing to mitigate for the wetlands impacts associated with the proposed construction.

In an attempt to resolve this compliance matter, a Notice of Violation and proposed Consent Order were issued to Owner on October 18, 2005. The proposed Consent Order called for the payment of $7,330 in penalties and costs, which represented the following:

• $1,000 in the penalty matrix range of $0 - $2,499 for potential water quality degradation • $3,800 for a functional loss of 0.19-acre of herbaceous wetlands under wetlands impacts • $530 for 0.53 acres cleared at $1,000 per acre under site work for construction without a permit • $2,000 for District enforcement costs

The proposed Consent Order also required that Owner timely respond to any District requests for additional information or clarification regarding the submitted ERP application, and that Owner obtain the ERP as expeditiously as possible.

In a letter dated October 25, 2005, Owner responded to the proposed Consent Order and during a phone conversation on October 31, 2005, offered to resolve the matter by paying $3,765 in penalties and costs.

On November 3, 2005, District staff rejected Owner's counter-offer but offered to reduce the proposed total payment from $7,330 to $4,665. Thus, the penalty itemization was changed to include the following:

• $500 in the penalty matrix range of $0 - $2,499 for potential water quality degradation • $1,900 for a functional loss of 0.095-acre of herbaceous wetlands under wetlands impacts • $265 for 0.53 acres cleared at $500 per acre under site work for construction without a permit • $2,000 for District enforcement costs

- 127 - Consent Agenda November 30-December 1, 2005

District staff felt that the reduced penalty amount under wetlands impacts was appropriate based on the current condition of the wetland as a result of the unauthorized construction activities. The previous determination was based on the condition of the wetland following the proposed construction activities as set forth in the ERP application. These impacts, if authorized under an ERP, will be addressed through mitigation.

A revised proposed Consent Order has been drafted to reflect the negotiated penalty. District staff expect to receive a signed copy of the revised Consent Order prior to the November Governing Board meeting.

Staff Recommendation:

Approve the proposed Consent Order and authorize the initiation of litigation in the event that Marcia Associates, L.L.C., fails to comply with the Consent Order.

Presenter: R. David Jackson, Staff Attorney

- 128 - Consent Agenda November 30-December 1, 2005

80. Consent Order - Surface Water Activity - Heritage Pines Community Association, Inc. – Pasco County

On January 27, 1998, the District issued Environmental Resource Permit (ERP) No. 4916954.000 (the Permit) to U. S. Home Corporation (Developer) authorizing construction of a surface water management system to serve a 650 acre project known today as “Heritage Pines” (the Project). The Project was completed, transferred to the operation phase, and on May 18, 2004, Developer transferred the Project to Heritage Pines Community Association, Inc. (Owner).

On February 4, 2005, District staff observed the placement of fill material in an area designed and authorized in the Permit as a drainage retention area (DRA) identified as DRA No. 47, located near the 18th hole of the golf course. On February 11, 2005, District staff revisited the site and observed the placement of additional fill material in DRA No. 47. On February 14, 2005, District staff observed that fill material had also been placed on the 17th fairway, and that substantial fill had been placed over the area of the golf cart path between the green of the 16th hole and the tee of the 17th hole.

On February 16, 2005, District staff sent a letter of Unauthorized Construction to Developer. On March 3, 2005, District staff again visited the site and observed the construction activity continuing without a permit. District staff determined that the unauthorized fill that had been placed on the Property totaled approximately 1.8 acres, and approximately 0.78 acre-feet of floodplain had been filled.

On March 31, 2005, Developer, as Owner’s agent, submitted ERP application No. 49016954.047 (the .047 Permit) for the changes made to DRA 47 and the area near the 18th hole of the golf course. The .047 Permit was issued on July 12, 2005. On April 18, 2005, Developer, as Owner’s agent, submitted ERP Application No. 49016954.049 (the .049 Permit) for the changes made to the 17th hole of the golf course and the raising of the golf cart path. The .049 Permit was issued on July 29, 2005. The .047 Permit and the .049 Permit authorized the remedial work necessary to compensate for the placement of fill material in the floodplain.

On August 26, 2005, a proposed Consent Order was sent to Developer offering to resolve the violations for a payment of $26,000, which consisted of the following:

• $2,500 for water quantity impacts in the “minor” range of $2,500 to $7,400 for changes made to the area of the golf cart path • $5,000 for water quantity impacts in the “minor” range of $2,500 to $7,400 for changes made to the area on the 17th fairway • $7,500 for water quantity impacts in the “moderate” range of $7,500 to $19,999 for fill placed in DRA 47 for changes made to DRA 47 • $9,000 for 1.8 acres of “Acres Filled,” at $5,000 per acre • $2,000 for District enforcement costs

Developer responded by stating that the Consent Order should be issued in the name of Owner because, as stated above, ownership of the Project had been transferred in May 2004. Owner has signed a revised Consent Order, and Developer has remitted payment in the amount of $26,000.

Staff Recommendation:

Approve the proposed Consent Order, and authorize the initiation of litigation in the event that Owner fails to comply with the terms of the Consent Order.

Presenter: Nicki Spirtos, Staff Attorney

- 129 - Consent Agenda November 30-December 1, 2005

81. Consent Order - WUP Nos. 20003657.002 and .003 - Mainlands of Tamarac by the Gulf – Pinellas County

On March 9, 1991, the District issued Water Use Permit No. 20003657.001 (the .001 Permit) authorizing annual average quantities of 346,000 gallons per day (gpd) and groundwater withdrawals of 99,600 gpd for recreation or aesthetic use at the Mainlands of Tamarac by the Gulf, a residential community located within the Northern Tampa Bay Water Use Caution Area. The .001 Permit authorized withdrawals from two 6-inch wells, one 4-inch well and three surface waters. The .001 Permit restricted augmentation of the surface waters from groundwater withdrawals based on upper and lower elevations specified in the .001 Permit. Once the level of the lake had risen to or above its upper elevation, augmentation was prohibited until the water level had receded to or below its lower elevation.

On March 19, 2004, the District approved a modification to the .001 Permit (the .002 Permit) which reduced annual average quantities from 346,000 gpd to 179,000 gpd and groundwater quantities from 99,600 gpd to 67,500 gpd, as a result of removing the 4-inch well and one of the surface water withdrawals from the permit. The .002 Permit also required that non-resettable totalizing flow meters be used on each permitted withdrawal. All other terms and conditions of the .001 Permit continued to apply to the .002 Permit.

Meter readings were submitted to the District that showed that beginning in March 2004, groundwater withdrawals were being made in excess of the authorized quantities. As of July 2004, permittees had pumped 271 percent in excess of the authorized groundwater quantities and 39 percent in excess of the annual average quantities. On July 21, 2004, the District issued a Notice of Non-Compliance concerning the violation of annual average quantities. On August 31, and September 1, 2004, District staff inspected the meters and determined they were not reflecting accurate flow rates as required by the .002 Permit.

On September 3, 2004, the District sent a Corrected Notice of Non-Compliance to include the violations of overpumpage of groundwater quantities and the augmentation of surface waters that had not receded to the permitted lower elevations.

On September 29, 2004, the District approved a modification to the .002 Permit (the .003 Permit) to change the surface water augmentation levels. In February 2005, augmentation occurred to a surface water that had not receded to the permitted lower elevation.

In an attempt to resolve this matter, on June 6, 2005, the District mailed a proposed Consent Order to permittees calling for the payment of $35,269.22 in penalties and costs, which included the following:

• $21,515.38 for overpumpage of permit quantities pursuant to the overpumpage penalty formula • $6,500.00 for permit condition violations; $6,000.00 for failure to maintain four accurate totalizing flow meters at $1,500.00 for each withdrawal; and $500.00 for augmenting a surface water that had not receded to permitted elevation • $7,003.84 for withdrawals in a stressed area • $250.00 for District enforcement costs

- 130 - Consent Agenda November 30-December 1, 2005

The proposed Consent Order also required the submittal of a compliance plan demonstrating how compliance will be achieved within a certain timeframe.

Permittees requested a reduction in penalties and costs to $2,500.00 since the flow meters were replaced on October 14, 2004, permittees had not changed their irrigation practices in several years, and permittees would convert to reclaimed water.

District staff rejected the counter-offer. However, District staff sent a revised Consent Order proposing a total amount of $16,761.54, due to the following facts: a) the flow meters were replaced; b) pumpage had reduced within the Northern Tampa Bay Water Use Caution Area and during the period of permittee’s overpumpage, the area was not suffering the stress that had historically been experienced; and c) permittees would incur costs associated with their commitment to obtain reclaimed water from the City of Pinellas Park. The total amount in the revised Consent Order represented the following:

• $21,515.38 for overpumpage of permit quantities pursuant to the overpumpage penalty formula • $500.00 for permit condition violation for augmenting a surface water that had not receded to permitted elevation • $250.00 for District enforcement costs • $5,503.84 reduction to offset reclaimed water costs

Permittees have signed the Consent Order.

Staff Recommendation:

Approve the proposed Consent Order and authorize the initiation of litigation in the event that Mainlands of Tamarac by the Gulf Unit No. One Association Inc., Mainlands of Tamarac by the Gulf Unit No. Two Association Inc., Mainlands of Tamarac by the Gulf Unit No. Three Association Inc., and Mainlands of Tamarac by the Gulf Unit No. Four Association Inc., fail to comply with the Consent Order.

Presenter: Mary Beth McNeil, Senior Attorney

- 131 - Consent Agenda November 30-December 1, 2005

82. Settlement Agreement - Surface Water Activity - SWFWMD v. Mid-Florida Portable Toilet Services, Inc. (Civil Case No. 04 345CCS) – Highlands County

In November 1988, the District issued Management and Storage of Surface Water (MSSW) Permit No. 4003823.000 to authorize the construction and operation of a surface water management system for an industrial subdivision known as Sebring East Industrial Park (Sebring East) located on U.S. 98 near DeSoto City in Highlands County. In February 1997, the Permit was transferred to the operation phase. The Permit requires that each Sebring East lot owner obtain a permit to authorize a modification of the surface water management system to accommodate runoff from their lot. Mid-Florida Portable Toilet Services, Inc. (Mid-Florida) subsequently purchased Lot 21. In September 2003, Mid-Florida submitted an application for a permit to modify the system in connection with the construction of a building and associated parking and drive areas on its lot. On December 3, 2003 and prior to permit issuance, District staff undertook a site visit to Sebring East and observed that construction had begun on Mid-Florida’s lot. The lot had been graded, and a temporary shell rock entrance drive with culvert and small shell rock parking area had been installed. No sediment and erosion controls were in place. The applied-for permit was issued in January 2004.

District staff issued a proposed Consent Order in January 2004, which assessed penalties and costs totaling $3,750.00 under the District’s previous ERP penalty matrix as follows:

• $500.00 for potential water quality impacts in the penalty matrix range of $0-$2,500 for such violations; • $3,000.00 for construction without a permit in the penalty matrix range of $0-$5,000 for such violations; and • $250.00 in District enforcement costs.

Mid-Florida was not willing to resolve this matter through a penalty consent order. Consequently, authorization to initiate litigation was obtained at the February 2004 Governing Board meeting. A complaint was filed in Highlands County Court in July 2004. After discovery and motions, the parties have reached a settlement agreement. Factors taken into consideration in reaching a settlement included re-evaluation of impacts, installation of sediment and erosion controls, reduced impervious material remaining on- site and Mid-Florida’s financial circumstances. The agreement calls for the payment of penalty and costs totaling $1,400 as follows:

• $1,000 for commencing construction prior to permit issuance; and • $400 for District enforcement costs.

District staff anticipate receiving a signed Settlement Agreement and Joint Motion for Consent Final Judgment and full payment prior to the Governing Board meeting. Upon Governing Board approval of the settlement, the Joint Motion for Consent Final Judgment will be filed with the court.

Staff Recommendation:

Approve the settlement agreement between the District and Mid-Florida Portable Toilet Services, Inc.

Presenter: Martha A. Moore, Senior Attorney

- 132 - Consent Agenda November 30-December 1, 2005

83. Initiation of Litigation - WUP No. 2001760.002 - Dollar Golf, Inc. – Hernando County

On December 5, 2002, the District issued Water Use Permit No. 20010760.001 (the Permit) to Dollar Golf, Inc. (Permittee) authorizing water withdrawals of 178,000 gallons per day (gpd) on an annual average basis, and 472,500 gpd on a peak month basis, from an eight-inch well and a six-inch well for recreational and aesthetic uses on its golf course. Special Condition No. 3 of the Permit requires that the meter readings from each withdrawal point be recorded on a monthly basis and reported to the District, using District forms, on or before the tenth day of the following month.

Permittee has not submitted the required monthly meter reading reports for the months of December 2003 through the present. In January 2004, and in every month thereafter, District staff have sent a notice concerning delinquent reporting to Permittee. District staff attempted to contact Permittee by telephone concerning the failure to submit monthly meter readings. On January 13, 2005, District staff sent Permittee a Notice of Non- Compliance concerning the failure to submit monthly meter readings.

On October 20, 2005, a proposed Consent Order was sent to Permittee offering to resolve the violations for a payment of $4,750, which consisted of the following:

• $4,500 for nine months’ failure to report at $500 per violation under “Violation of Permit Condition” in the penalty matrix range of $0 - $10,000 for such violations, and • $250 for District enforcement costs

Permittee has not responded.

Staff Recommendation:

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

Presenter: Nicki Spirtos, Staff Attorney

- 133 - Consent Agenda November 30-December 1, 2005

84. Initiation of Litigation - Well Contractor License No. 2215 - Anthony Holt – Polk County

On the morning of April 25, 2005, District staff observed an unattended well drilling rig on a residential lot in Lakeland, Polk County. The equipment bore well contractor Tony Holt’s Well Contractor License No. 2215. Further investigation and discussion with the lot owner revealed that well construction had commenced on April 24, 2005. According to the driller, who arrived while District staff were present, approximately 56 feet of casing had been driven. Later that afternoon, Mr. Holt submitted an application for a Well Construction Permit. On August 8, 2005, District staff issued a Notice of Violation to Mr. Holt for his failure to obtain a Well Construction Permit prior to commencing construction of the well. On September 30, 2005, a proposed Consent Order was issued. The Consent Order assessed penalties consistent with the Water Well Contractor Disciplinary Guidelines and Procedures Manual, October 2002 and the Florida Unified Citations Dictionary for Water Well Construction, October 2002 as follows:

• $500 for the failure to obtain a Well Construction Permit prior to commencing construction; and • Five (5) points against Mr. Holt’s Well Contractor License.

Mr. Holt did not respond to the Notice of Violation or to the proposed Consent Order. Consequently, authorization to initiate litigation is being requested. If approved, an Administrative Complaint and Order will be issued to address the violation.

Staff Recommendation:

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

Presenter: Martha A. Moore, Senior Attorney

- 134 -

MINUTES OF THE MEETING

Governing Board Southwest Florida Water Management District

Brooksville, Florida October 25, 2005

The Governing Board of the Southwest Florida Water Management District (SWFWMD) met at 9:00 a.m. on October 25, 2005, at District headquarters. The following persons were present:

Board Members Present Staff Members Present Heidi B. McCree, Chair David L. Moore, Executive Director Talmadge G. Rice, Vice Chair Gene A. Heath, Assistant Executive Director Patsy C. Symons, Secretary William S. Bilenky, General Counsel Judith C. Whitehead, Treasurer Eugene A. Schiller, Deputy Executive Director Edward W. Chance, Member John W. Heuer, Deputy Executive Director Jennifer E. Closshey, Member Bruce C. Wirth, Deputy Executive Director Neil Combee, Member Lou Kavouras, Executive Assistant Thomas G. Dabney, Member Watson L. Haynes II, Member Janet D. Kovach, Member Recording Secretary Todd Pressman, Member Tahla Paige, Senior Admin. Assistant

Board Members Absent None

A list of others present who signed the attendance roster is filed in the permanent files of the District. Approved minutes from previous meetings can be found on the District's Web site (www.WaterMatters.org).

Items 1 through 48 were presented during Committee meetings, and those matters will be considered during Committee Reports and Recommendations. Therefore, the Board meeting began with Agenda Item 49.

Administration and Regular Business Agenda

49. Call to Order Chair McCree called the meeting to order and opened the public hearing. Ms. Symons noted a quorum was present.

50. Pledge of Allegiance and Invocation Chair McCree led the Pledge of Allegiance to the Flag of the United States of America. Mr. Heath offered the invocation.

51. September 27, 2005 Governing Board Meeting and Final Budget Hearing Meeting Minutes Following consideration, Mr. Combee moved, seconded by Ms. Symons, to approve the minutes. Motion carried unanimously. (CD 1/Track 1 – 00:00/02:54)

52. 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." Mr. Moore said there were no additions and then noted the following deletions: Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 2 of 16

General Counsel Agenda Enforcement Consent Items The following items were deleted from consideration: 72.a.(6) Surface Water Permit – Consent Order - U.S.A. International Speedway - Polk County 74.b. Well Construction – Initiation of Litigation – License No. 9294 – Garrett Whatley - Polk County

Regulatory Agenda

Regulation Consent Items Item 59 was moved to Regulation Discussion Items since a speaker’s card was received.

Surface Water Permits 53. ERP No. 49026119.004 - Tern Bay Resort Phase 1A – Charlotte County 54. ERP No. 43008387.026 - TIA - Wildlife Habitat Mitigation for Runway 36R Runway Protection Zone – Hillsborough County 55. ERP No. 43010394.011 - Highland Park - Phase 3 – Hillsborough County 56. ERP No. 43022372.002 - Winthrop - Master Stormwater Plan – Hillsborough County 57. ERP No. 43022623.019 - Live Oak Preserve - North Commercial Lots 4, 5 and 6 – Hillsborough County 58. ERP No. 43027582.007 - River Bend - Phase 1B – Hillsborough County 59. ERP No. 43028539.000 - Cordoba Ranch – Hillsborough County 60. ERP No. 49028270.000 - Cross Creek – Manatee County 61. ERP No. 44028172.000 - 3 H Learning Center d/b/a Florida Youth Conservation Corp. – Pasco County [Denial] 62. ERP No. 43028132.000 - Lake Tracy Estates – Polk County 63. ERP No. 43028277.001 - TerraLargo Phase 2 – Polk County 64. ERP No. 43028388.000 - Borinsky Site – Sarasota County 65. ERP No. 49028393.001 - Gran Paradiso, Phase I – Sarasota County

Water Use Permits 66. WUP No. 20009089.006 - W F I ~ - FFD Land Co., Inc. – Manatee County 67. WUP No. 20000742.008 - W F ~ - City of Tarpon Springs – Pinellas County 68. WUP No. 20008522.005 - W F N- - City of Haines City – Polk County 69. WUP No. 20012772.001 - W S D- - DiVosta Homes, L.P. – Sarasota County

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

W = Water Use Caution Area N = 100% new quantities F = Floridan Aquifer N+ = More than 50% but less than 100% new quantities I = Intermediate Aquifer N- = 50% or less new quantities

S = Surface Withdrawal D+ = More than 50% decrease U = Surficial Aquifer D- = 50% or less decrease ~ = no change

R = 100% relocated quantities R+ = More than 50% but less than 100% relocated quantities R- = 50% or less relocated quantities

Following consideration, Mr. Haynes moved, seconded by Mr. Combee, to approve Regulation Consent Items 53 through 58 and 60 through 69. Motion carried unanimously.

Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 3 of 16

Regulation Discussion Items

Surface Water Permits 59. ERP No. 43028539.000 - Cordoba Ranch – Hillsborough County Ms. Alba Más, Director, Tampa Regulation Department, said this project called for the development of 1,058 acres for 302 single-family homes in the Lutz area. The project contains 644 acres of wetlands and 5.32 acres of impact are proposed. Planned mitigation for the impacted wetlands would consist of three wetland areas totaling 8.44 acres. The project meets rule requirements and staff recommends approval.

Ms. Denise Layne, representing the Lutz Civic Association, said this project is a part of the Cypress Creek Preserve. She said the Association is concerned that this project calls for half-acre lots instead of the usual one-acre lots in this area. Ms. Layne said this project was on hold in Hillsborough County because of the density concerns.

Board members discussed the project further with Ms. Más and the attorney for Cordoba Ranch, Ms. Leigh Fletcher, who explained the project has received plot approval and they are in the process of construction plan approval.

Following consideration, Mr. Haynes moved, seconded by Mr. Dabney, to approve the staff recommendation. Ms. Closshey called the question. The Board voted unanimously in favor of calling the question. The Board unanimously voted in favor of the staff recommendation. (CD 1/Track 3 – 00:00/14:20)

Water Use Permits – None

Well Construction Permits – None

General Counsel Agenda

Proceedings - None

Rulemaking

70. Approval of Rule Amendment to add Minimum Flows and Levels for the Middle Peace River to Chapter 40D-8, Florida Administrative Code The District is proceeding with minimum flows and levels (MFLs) rule development on the Middle Peace River, although it is in the Southern Water Use Caution Area (SWUCA). This is because this segment of the river is not considered to be in recovery.

Martin H. Kelly, Ph.D., Manager, Resource Conservation and Development Department, presented the peer review results. The Panel found merit with and strongly endorsed the following concepts: the identification of two separate benchmark periods based on Atlantic Multidecadal Oscillation, approaches used that identified the most protective minimum flow for each season, and specifying minimum flows in terms of allowable percent flow reduction that vary by season. Staff recommended acceptance of the MFLs report entitled, “Proposed Minimum Flows and Levels for the Middle Segment of the Peace River, from Zolfo Springs to Arcadia,” dated October 2005 to approve the draft rule amendments to Chapter 40D- 8, F.A.C. for publication and adoption. Following consideration, Ms. Kovach moved, seconded by Mr. Combee, to approve the staff recommendation. Motion carried unanimously. (CD 1/Track 3 – 00:00/14:20)

Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 4 of 16

71. Approval of Rulemaking to Revise Chapter 40D-21, Florida Administrative Code (F.A.C.), Water Shortage Plan Ms. Lois Ann Sorensen, Demand Management Coordinator, Records and Data Department, reviewed the background and the latest developments, as well as the drought indicators and the analysis process. Staff recommended to approve the third draft as final rule language, subject to guidance from the Joint Administrative Procedures Committee (JAPC) as described above, and authorize staff to complete the rulemaking process to revise Chapter 40D-21, and to also revise Chapter 40D-1 if required by JAPC. (CD 1/Track 4 – 00:00/23:09)

Mr. Hugh Gramling, Chairman of the Agricultural Advisory Committee, spoke in favor of the proposed rulemaking and complimented staff on listening to the agricultural community and using scientific approaches in their decision-making.

Following consideration, Mr. Dabney moved, seconded by Mr. Haynes, to approve the staff recommendation. Motion carried unanimously.

Mr. Dabney was provided clarification on the process used with shared boundaries. Ms. Sorensen said the District has Memorandums of Understanding with St. Johns River and the South Florida Water Management Districts that cover a variety of topics. Mr. Moore said Highlands County was passing an ordinance that would allow two-day a week watering countywide. (CD 1/Track 4 – 23:09/27:26)

Enforcement Items

Consent Items Items 72.a.(6) and 74.b. were deleted from consideration.

72. Surface Water a. Consent Orders (1) Yardarm Development, Inc. – Hillsborough County Staff recommended to approve the proposed Consent Order and authorize the initiation of litigation in the event that Yardarm Development, Inc., fails to comply with the Consent Order. (2) ERP No. 44023068.000 – Larry S. Bailey (Holloway Creek Subdivision) – Hillsborough County Staff recommended to approve the proposed Consent Order and authorize the initiation of litigation in the event that Larry S. Bailey fails to comply with the Consent Order. (3) Tremron, Inc. (Tremron-Arcadia) – DeSoto County Staff recommended to approve the proposed Consent Order and authorize the initiation of litigation in the event that Tremron, Inc., fails to comply with the Consent Order. (4) Rotonda-Lakes II, Limited Partnership – Charlotte County Staff recommended to approve the proposed Consent Order and authorize the initiation of litigation in the event that Rotonda-Lakes II, Limited Partnership fails to comply with the Consent Order. (5) Executive Development of Pinellas, Inc. (Golf Lake Condominiums - Parcel F) – Pinellas County Staff recommended to approve the proposed Consent Order and authorize the initiation of litigation in the event that Executive Development of Pinellas, Inc., fails to comply with the Consent Order. (6) U.S.A. International Speedway – Polk County - Deleted b. Settlement Agreements – None c. Initiation of Litigation – None Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 5 of 16

73. Water Use a. Consent Orders (1) WUP No. 20006509.004 – Polk County Board of County Commissioners – Modification to Consent Order No. SWF 04-101 (Northeast Regional Water Supply Area) – Polk County Staff recommended to approve the proposed Consent Order modifying Consent Order No. SWF 04-101 and authorize the initiation of litigation in the event that Polk County Board of County Commissioners does not comply with the Consent Order. (2) WUP No. 20002177.005 – Buckhorn Springs Golf and Country Club, Inc. – Hillsborough County Staff recommended to approve the proposed Consent Order and authorize the initiation of litigation in the event that Buckhorn Springs Golf and Country Club, Inc., fails to comply with the Consent Order. b. Settlement Agreements – None c. Initiation of Litigation – None 74. Well Construction a. Settlement Agreements – None b. Initiation of Litigation – License No. 9294 – Garrett Whatley – Polk County - Deleted

Discussion Items – None

Following consideration, Mr. Dabney moved, seconded by Mr. Combee, to approve the Enforcement Consent Agenda as amended. Motion carried unanimously. (CD 1/Track 5 – 00:00/000:16)

Briefings and Reports

75. Rulemaking Update 76. Litigation Report Information was provided in the Board’s packet, and no action was required.

77. Other Briefing Items – Report Required By Section 120.74, Florida Statutes Mr. Bilenky said this annual report was provided in the packet for the Board’s information.

Mr. Bilenky updated the Board on the mediation with Tampa Bay Water. Mr. Bilenky said all Board members had received the resume of the mediator the District hired on October 17, 2005. A brief will be filed with the mediator to bring him up to date. The brief will be served on all of the parties. Negotiation parameters are being developed. The Board will be provided copies of the latest Tampa Bay Water meeting regarding the desalination issue. (CD 1/Track 5 – 00:16/02:54)

Special Discussion Items

78. Update to the Minimum Flows and Levels Priority List and Schedule Martin H. Kelly, Ph.D., Manager, Resource Conservation and Development Department, said the District is required to annually update its Priority List and Schedule for the establishment of Minimum Flows and Levels (MFLs Priority List), submit it to the Department of Environmental Protection (DEP) for review and approval, and publish it in the Florida Administrative Weekly by January 1 of each year.

During its September 27, 2005 meeting, the Governing Board authorized staff to provide a draft MFLs Priority List and Schedule to the public for input purposes. On September 29, 2005, staff met with representatives of DEP to discuss the draft priority list and any preliminary considerations they might have. In addition, four public input meetings were Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 6 of 16

held where public comment was received. Considering input from these sources, staff has provided a modified Priority List as an exhibit in the Board packet.

Dr. Kelly said a letter was received from J. T. Griffiths, Ph.D., and a copy was provided to the Board members. Dr. Griffiths’ letter concerns the Floridan Aquifer level and suggests the District consider minimum levels be set throughout the SWUCA.

An e-mail was received from Mr. John Wood asking the District to set a minimum level for Lake Hamilton. He expressed concern for the Cypress Wood Community, which is located near there, and a potential flooding issue. Dr. Kelly explained the purpose of setting a minimum flow is to protect a waterbody from withdrawals and not from flooding.

Mr. Dave Gore attended the Bartow Workshop and requested Lake Eva be added to the Priority List. Staff does not recommend adding Lake Eva to the list at this time, but a staff gauge has been installed to collect data.

At the Brooksville workshop, the District was requested to develop MFLs more quickly for the Crystal River system. Staff explained why Lake Joy was not on the list. Three nearby lakes are on the list, and Lake Joy will be taken into consideration during those analyses.

Ms. Teresa Connor, who attended the Sarasota Workshop, asked if the District was ready to set a minimum level for the estuary below Shell Creek. Dr. Kelly said the District does feel confident with the data in that area to set flow restrictions as a part of the Peace River estuary.

Two changes have been made to the priority list presented to the Board on September 27, 2005. The first change was to the category title that read, "Board Approved Minimum Flows and Levels That Are Awaiting Rulemaking." The title has been changed to read, "Minimum Flows and Levels That Are Awaiting Rulemaking." This is to avoid any legal connotation being attached to the words "Board Approved," since the Board has not yet adopted a rule establishing these MFLs. The second change made was to the list of waterbodies presented under the year 2010. At the request of DEP, the Pithlachascotee River System has been moved to 2010 from the 2011-2018 timeframe. This has been done so that DEP can take advantage of modeling efforts needed to establish this MFLs as it works to set Efficient Transportation Decision Making (TMDL) for the Pithlachascotee River in 2011.

Mr. Dabney suggested moving the Middle Peace River to the completed category.

Staff recommended approval of the MFLs Priority List and Schedule for submission to DEP for its approval as required by Subsection 373.042(2), F.S.

Dr. Griffiths addressed the Board regarding his concerns about preserving agricultural land and the Floridan Aquifer.

Following consideration, Ms. Kovach moved, seconded by Mr. Pressman, to approve the staff recommendation. Motion carried unanimously. (CD 1/Track 6 – 00:00/18:19)

79. Northern Tampa Bay Water Use Caution Area Recovery Strategy Mr. Gregg W. Jones, P.G., Director, Resource Conservation and Development, presented this item to the Board. For the month of September, the surface water treatment plant supplied an average of 23 million gallons per day (mgd) of potable water to Tampa Bay Water's (TBW) regional distribution system as compared to 46 mgd for the previous month. Ground-water production from the 11 Central System Wellfields averaged 129 mgd. This number reflects two things, the low rainfall received during the month of Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 7 of 16

September and TBW continued to fill the reservoir. Through September, the 12-month running average for production from the well fields was approximately 93 mgd.

The TBW continued to fill the reservoir through the month of September and approximately 2.6 billion gallons were pumped into the reservoir, which brought the total amount of water in the reservoir to just over 13.7 billion gallons at the end of September. As of today, the reservoir contained nearly 14.5 billion gallons. The total capacity of the reservoir is 15 billion gallons.

Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project is in the permitting phase and construction on the 100-million-gallon Lake O' Lakes Pasco County reservoir is about to begin. The team will continue to discuss financial issues, flow allocations and cost allocations. The allocation of flows remains at the forefront as the allocation dictates pipe capacities and associated cost to each partner. Board members engaged in a lengthy discussion about the potential costs of this project. Mr. Moore reminded Board members this is a multi-year regional project and cost estimates will change over time. This item was presented for the Board’s information only, and no action was required. (CD 1/Track 7 – 00:00/17:03)

80. Southern Water Use Caution Area Status Report Mr. Heath said that, at the August Governing Board meeting, staff reviewed with the Board proposed changes to the draft Southern Water Use Caution Area (SWUCA) Recovery Strategy, including Senate Bill 444 requirements and the utilization of the Cumulative Impact Analysis as a resource-monitoring tool, rather than as a deliberate part of the Water Use Permitting process. The Governing Board concurred with these changes for purposes of seeking further input from the SWUCA Work Group and appropriate advisory committees. Staff has updated the draft SWUCA rules to be consistent with these most recent changes and these draft rules have been provided to the Governing Board, Work Group, advisory committees and other interested parties. Mr. Heath provided a summary of input received from the SWUCA Work Group meeting of September 19. He said the Work Group has been together a long time and felt it may have been their last meeting. It is anticipated that December 1, which is scheduled to be the second-day of the upcoming November/December Governing Board meeting, will be devoted to SWUCA.

Mr. Heath said, at today’s meeting, staff will cover three aspects of the proposed SWUCA Recovery Strategy, including (1) examples of how the water use permitting process will work; (2) a brief review of the proposed rule provisions regarding the calculation of population served by public supply permittees for purposes of reporting per capita rates and other public supply reporting requirements; and (3) an overview of the comprehensive resource recovery monitoring and reporting that will be a significant component of the Strategy.

Mr. Heuer presented the Regulatory component of the proposed SWUCA Recovery Strategy. The SWUCA Recovery Strategy focuses on use of existing rule mechanisms to the maximum extent possible, as these mechanisms have been successful in keeping check on permitted quantities over the last decade. Increased emphasis on the reasonable-beneficial use aspects of all permit applications will occur, including maximizing use of alternative water supplies. Permit renewals without changes will receive an enhanced reasonable-beneficial review, but will not be evaluated based upon impacts to SWUCA minimum flows and levels. Applications for new Floridan aquifer quantities, in addition to routine rule criteria review, will be evaluated to see whether they impact the Saltwater Intrusion Minimum Aquifer Level (SWIMAL), and will be subject to a review of regional aquifer levels if they are in the Upper Peace River or Ridge Lakes areas. If an application causes increased impacts on the SWIMAL, or aquifer level trends are declining in the Upper Peace River or Ridge Lakes areas, the permit can only be granted if a Net Benefit is provided. Ms. Kovach led a Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 8 of 16

discussion about saltwater intrusion. Messrs. Heath and Heuer explained that the SWUCA rules would not be able to stop saltwater intrusion, but rather slow it down and within the next decade see some recovery after monitoring the area annually. Mr. Heath said the SWUCA Recovery progress is a phased approach and we will be able to revisit it and make adjustments as necessary.

Mr. Dabney asked how the District will respond to growers who have had wells become unusable, due to saltwater intrusion, and turned to reclaimed water that was initially provided at a reasonable cost, but recently the cost has dramatically increased to the point growers are turning back to groundwater. Mr. Dabney asked that staff be prepared at the next Governing Board meeting with the amount of groundwater being offset from the use of reclaimed water. (CD 1/Track 8 – 00:00/43:24)

Mr. Richard S. Owen, Director, Planning Department, presented the Public Supply Per Capita Requirements portion of this presentation. Per Capita Requirements help determine future needs and serve as a condition of issuance within the WUCAs. For planning purposes Per Capita Requirements help determine demand projections for public supply and measure results of conservation efforts. Some of the water use issues identified in calculating per capita rates are as follows: metered quantities, imports and exports, significant nonresidential uses, and treatment losses. Another factor to the equation that poses some challenges is the population served. The following categories can be difficult to quantify: permanent residents, seasonal residents, tourists, population in group quarters, commuter populations, and service areas differ from political boundaries. To address this problem, the proposed SWUCA rules contain significant new provisions that would standardize the calculation of population served, as well as other aspects of public supply permits that can affect the calculation of per capita rates (e.g., the delineation of a service area, deduction of significant uses, etc.).

The existing Highlands Ridge and Eastern Tampa Bay WUCA rules require public supply permittees to have per capita rates no greater than 150 gallons per person per day. Permittees are required to annually report per capita rates to monitor compliance with this condition. The proposed SWUCA rules will extend these requirements throughout the remainder of the SWUCA. However, it has been noted that there are significant variations in historically reported per capita rates that can be attributed to variations in how permittees are calculating their population served, rather than in actual differences in water use efficiencies. (CD 1/Track 8 – 43:24/:01:04:40)

Mr. Heath said the SWUCA Recovery Strategy calls for a comprehensive resource monitoring and reporting process to ensure trends are consistent with the recovery goals. The cumulative impact analysis, as discussed with the Board at the August meeting, will be a significant addition to the ongoing and ever-expanding comprehensive monitoring program in the SWUCA. The District is committing to this monitoring and reporting process as a part of the 40D-8, F.A.C., Recovery and Prevention Strategies for Minimum Flows and Levels rules. Progress regarding water resource conditions in the SWUCA will be continually assessed, and reported to the Board annually and as a part of the Regional Water Supply Plan update process that occurs at least every five years, to ensure the Recovery Strategy remains successful. Staff will review with the Board this monitoring and reporting process. This item is presented for the Board’s Information, and no action was required. (CD 1/Track 8 – 01:04:40/:01:09:32)

At this time, the meeting was recessed to provide a break.

Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 9 of 16

Committee Reports

81. Regulation Committee

Consent Item

1. September 27, 2005 Committee Meeting Minutes The Committee recommended approval of the minutes as presented.

The Governing Board unanimously approved Consent Item 1. (CD 1/Track 9 – 05:53/06:12)

Discussion Items

2. Pasco County’s New Drainage Ordinance: Stormwater Design Criteria for Drainage Basins of Special Concern The Committee recommended to approve the final rule language as presented and authorize staff to complete the rulemaking process to amend Rule 40D-4.091, F.A.C., and the ERP Basis of Review to clarify water quantity criteria as specified in Exhibit A.

The Governing Board unanimously approved Discussion Item 2. (CD 1/Track 9 – 06:12/07:02)

3. Minor Systems Permit Review Process Overview 4. Tampa Bay Water Production Summary Graphic 5. Florida’s Coastal Zone Management Program and Environmental Resource Permitting Items 3, 4 and 5 were presented for the Committee’s information, and no action was required.

Routine Reports The following reports were provided for the Committee's information, and no action was required. 6. Overpumpage Activities 7. Southern Water Use Caution Area Quantities 8. Demand Management Activities 9. November/December Committee Meeting Agenda • Approval of the Minutes of the October 25, 2005, Committee Meeting • Remote Sensing Units for Metering • Annual Report on Efficient Transportation Decision Making (ETDM) • WUP Transfers and Real Estate Closings • Demand Management Activities • Overpumpage Activities • Southern Water Use Caution Area Quantities - Exhibit • Tampa Bay Water Summary Graphic – Exhibit

Other • Permit Transfers and Real Estate Closings – Mr. Dabney related an experience Ms. Closshey had where a property transaction involving a water use permit was handled smoothly because the people handling the title, etc, were familiar with the permit transfer process. To facilitate more smooth transactions of this nature, it was suggested the District develop an outreach program that would be focused on the real estate and title industries. Staff will come back next month with some options and approaches that might address this issue, for further deliberation by the Committee. • District Coordination with the Army Corps of Engineers (ACOE) – Mr. Dabney said staff updated the Committee on efforts to consolidate State and Federal permitting. • Marion County Well Delegation Agreement Update – Mr. Dabney said Mr. Heuer provided a brief update regarding the delegation of the WCP program to Marion County. Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 10 of 16

82. Resource Management and Development Committee

Consent Items

10. September 27, 2005 Committee Meeting Minutes The Committee recommended approval of the minutes as presented.

11. Five-Year Water Resource Development Work Program The Committee recommended approval of the proposed Five-Year Water Resource Development Work Program for submittal to the Department of Environmental Protection for review.

12. WateReuse Foundation Studies a. Reclaimed, Surface and Ground-water Quality The Committee recommended the Governing Board approve the transfer of $45,000 from General Fund's WSRD reserves to the WateReuse Foundation Study of Reclaimed, Surface, and Ground-water Quality (P872-H); approve the amendment effective as of October 1, 2005, with the WateReuse Foundation for an eligible project cost of $445,000, with the District’s share not to exceed $245,000; and authorize the Executive Director to execute the amendment. b. Innovative Reverse Osmosis (RO), Electron Beam (EB) and Ultraviolet (UV) Light Reclaimed Water Treatment Technologies The Committee recommended the Governing Board approve the transfer of $75,000 from the General Fund's WSRD reserves to the WateReuse Foundation Study of Innovative RO, EB and UV Reclaimed Water Treatment Technologies (L112); approve the amendment effective as of October 1, 2005, with the WateReuse Foundation for an eligible project cost of $475,000, with the District’s share not to exceed $275,000; and authorize the Executive Director to sign the amendment.

13. Presented to the Hillsborough River Basin Board in October a. Update of the Plan for the Use and Management of the Cypress Creek Preserve The Committee recommended approval of the update to the Plan for Use and Management of the Cypress Creek Preserve. b. Utility Easement to Tampa Electric Company – Lower Hillsborough Flood Detention Area, SWF Parcel No. 13-300-771X The Committee recommended approval of an easement to the Tampa Electric Company for the Flatwoods Park – Bruce B. Downs Entrance Facilities, SWF Parcel No. 13-300-771X. c. Non-Exclusive License Agreement between the District and Stauffer Management Company LLC – Tampa Bypass Canal, SWF Parcel No. 13-002- 745X The Committee recommended approval of the non-exclusive license agreement with Stauffer Management Company LLC for SWF Parcel No. 13-002-745X.

14. Presented to the Coastal Rivers Basin Board in October a. Second Amendment to Agreement with Pasco County and the Pasco County School Board for the Starkey Environmental Education Center – Starkey Wilderness Preserve, SWF Parcel No. 16-010-031X The Committee recommended approval of the Second Amendment to Agreement with Pasco County and the Pasco County School Board for SWF Parcel No. 16- 010-031X. b. Easement Agreement with Tampa Bay Water for the North Pasco Wellfield Transmission Pipeline – Starkey Wilderness Preserve, SWF Parcel No. 15- 010-054X Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 11 of 16

The Committee recommended approval of an Easement Agreement to Tampa Bay Water for SWF Parcel No. 15-010-054X.

15. Presented to the Coastal Rivers and Pinellas-Anclote River Basin Boards in October - Amendment to License Agreement with Tampa Bay Water for the West Pasco Improvements Project – Starkey Wilderness Preserve, SWF Parcel No. 16- 010-037X The Committee recommended approval of the Amendment to License Agreement with Tampa Bay Water for SWF Parcel No. 16-010-037X and authorize the Executive Director to execute the agreement.

16. Presented to the Peace River Basin Board in October a. Approval of the Plan for the Use and Management of the Jack Creek Project The Committee recommended approval of the Plan for Use and Management of the Jack Creek Project. b. Facilitating Agricultural Resource Management Systems (FARMS) - The Peace River Basin Board recommended approval at its October meeting for the following four projects: (1) FLM, Inc. - Prairie River Ranch Project The Committee recommended the Governing Board (1) approve the FLM, Inc. – Prairie River Ranch FARMS Project for a not-to-exceed project reimbursement of $200,000; (2) authorize the transfer of $200,000 from H017, the FARMS Program, to H505 FLM, Inc. – Prairie River Ranch project fund; and (3) authorize the Executive Director to execute the agreement. (2) Williams Farms Partnership Phase II Project The Committee recommended the Governing Board (1) approve the Williams Farms Partnership Phase II - FARMS Project for a not-to-exceed project reimbursement of $450,000; (2) authorize the transfer of $450,000 from H017, the FARMS Program, to H512 the Williams Farms Partnership FARMS project fund; and (3) authorize the Executive Director to execute the agreement. (3) Billy H. Haygood, Trustee of Hancock Revocable Trust – Hancock Grove Project The Committee recommended the Governing Board (1) approve the Billy H. Haygood, Trustee of Hancock Revocable Trust – Hancock Grove FARMS Project for a not-to-exceed project reimbursement of $450,000; (2) authorize the transfer of $450,000 from H017, the FARMS Program, to H516 the Billy H. Haygood, Trustee of Hancock Revocable Trust – Hancock Grove FARMS project fund; and (3) authorize the Executive Director to execute the agreement. (4) Peace River Citrus, L.L.C. Project The Peace River Basin Board recommended approval at its October meeting. The Committee recommended the Governing Board (1) approve PRC, L.L.C. FARMS Project for a not-to-exceed project reimbursement of $15,000; (2) authorize the transfer of $15,000 from H017, the FARMS Program, to H526 PRC, L.L.C. project fund; and (3) authorize the Executive Director to execute the agreement.

17. Green Swamp Basin - Facilitating Agricultural Resource Management Systems - Polkdale Farms, L.L.C. Project The Committee recommendeded to approve the Polkdale Farms, L.L.C. Project for a not-to-exceed project reimbursement of $100,000; (2) authorize the transfer of $100,000 from H017, the FARMS Program, to H524 Polkdale Farms, L.L.C. project fund; and (3) authorize the Executive Director to execute the agreement.

The Governing Board unanimously approved the Committee’s recommendations on Consent Items 10 through 17. (CD 1/Track 9 – 00:00/01:36)

Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 12 of 16

Discussion Items

18. Orthophoto Program Status Update This item was presented for the Committee's information, and no action was required.

19. Presented to the Withlacoochee River Basin Board - Lake Panasoffkee Restoration Council - Eighth Annual Report to the Legislature The Committee recommended the Governing Board accept the Lake Panasoffkee Restoration Council 2005 Report to the Legislature, as presented, and with corrections noted.

The Governing Board unanimously approved Item Discussion Item 19. (CD 1/Track 9 – 01:36/01:57)

20. Revised District/Florida Department of Agriculture and Consumer Services/Facilitating Agricultural Resource Management Systems Program Operating Agreement and District Procedure The Committee recommended the Board authorize the Executive Director to execute the revised District/FDACS FARMS Operating Agreement and the revised District FARMS Procedure (Procedure 13-9).

The Governing Board unanimously approved Discussion Item 20. (CD 1/Track 9 – 01:57/02:22)

21. Presented to the Peace River and Manasota Basin Boards - Peace River Facility Expansion and Peace River Regional Reservoir Expansion The Committee recommended the Governing Board (1) approve amending the existing Agreements for the Peace River Facility Expansion (F033) and Peace River Regional Reservoir Expansion (F032) projects, reflecting the Authority's requested changes in funding and scopes of work; (2) approve the first amendments to the Agreements with the Authority: District’s total share of F032 and F033 not to exceed $20,364,365 and $22,392,604, respectively; Governing Board's share not to exceed $10,183,724 and $11,572,796 respectively; Manasota Basin Board's share not to exceed $7,390,543 and $7,858,922, respectively; and Peace River Basin Board's share not to exceed $2,790,098 and $2,960,836, respectively; and (3) authorize the Executive Director to execute the Amendments.

The Governing Board unanimously approved Discussion Item 21. (CD 1/Track 9 – 02:22/03:08)

22. Minimum Flows and Levels a. Tampa Bypass Canal – Report by Peer Review Group This item was presented for the Committee's information, and no action was required. b. Alafia River Freshwater Segment and Upper Segment of the Myakka River – District Response to Peer Review Report This item was delayed to the November/December meeting due to time constraints.

Routine Reports The following reports were provided for the Committee's information, and no action was required. 23. Florida Forever Status Report 24. Land Resources Department Significant Activities 25. Minimum Flows and Levels Status Report 26. Hydrologic Conditions Report 27. Structure Operations Status Report Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 13 of 16

28. November/December Committee Meeting Agenda • Approval of the Minutes of the October 25, 2005, Committee Meeting • Alafia River Freshwater Segment and Upper Segment of the Myakka River – District Response to Peer Review Report • Routine Reports Florida Forever Status Report Land Resources Department Significant Activities Minimum Flows and Levels Status Report Hydrologic Conditions Report Structure Operations Status Report • Development of the January Committee Meeting Agenda

83. Finance and Administration Committee

Consent Items

29. September 27, 2005 Committee Minutes The Committee recommended approval of the minutes as presented.

30. Consent Transfer Report The Committee recommended approval to the Governing Board.

31. Board Travel The Committee recommended approval of the Governing Board travel as designated in the Board packet. Mr. Combee is not attending the Public Land Acquisition and Management Conference in November.

32. WateReuse Foundation Studies a. Reclaimed, Surface and Ground-water Quality The Committee recommended the Governing Board approve the transfer of $45,000 from General Fund's WSRD reserves to the WateReuse Foundation Study of Reclaimed, Surface, and Ground-water Quality (P872-H); approve the amendment with the WateReuse Foundation for an eligible project cost of $445,000, with the District’s share not to exceed $245,000; and authorize the Executive Director to execute the amendment. b. Innovative Reverse Osmosis (RO), Electron Beam (EB) and Ultraviolet (UV) Light Reclaimed Water Treatment Technologies The Committee recommended the Governing Board approve the transfer of $75,000 from the General Fund's WSRD reserves to the WateReuse Foundation Study of Innovative RO, EB, and UV Reclaimed Water Treatment Technologies (L112); approve the amendment with the WateReuse Foundation for an eligible project cost of $475,000, with the District’s share not to exceed $275,000; and authorize the Executive Director to sign the amendment.

The Governing Board unanimously approved Consent Items 29 through 32. (CD 1/Track 9 – 10:00/11:00)

Discussion Items

33. Water Management Information System Initiative Six-Month Update This item was presented for the Committee’s information, and no action was required.

34. Inspector General's Update a. Office of Inspector General Annual Report The Committee recommended the Governing Board accept this report.

Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 14 of 16

b. Proposed Fiscal Year 2006 Audit Plan The Committee recommended Governing Board approve this plan.

The Governing Board unanimously approved Discussion Items 34.a. and 34.b. (CD 1/Track 9 – 11:00/17:45)

Routine Reports The following reports were provided for the Committee's information, and no action was required. 35. Employee Service Recognition 36. Tampa Service Office Construction Project Update 37. Treasurer's Report, Payment Register for Accounts Payable, and Contingency Reserves Report 38. November/December Committee Meeting Agenda • Approval of the Minutes of the October 25, 2005, Committee Meeting • Fiscal Year 2007 Budget Development Process • Routine Reports Quarterly Diversity Report Tampa Service Office Construction Project Update Treasurer's Report, Payment Register for Accounts Payable, and Contingency Reserves Report • Development of the January Committee Meeting Agenda

Mr. Combee requested that the Committee recommend the Governing Board take action in support of increasing mileage reimbursement. Mr. Dabney suggested indexing a rate during these extraordinary times since the state rate remains at $.29 and the IRS has increased the business mileage reimbursement rate through the end of the calendar year to $.485. It was the Committee’s consensus that support be conveyed for increasing mileage reimbursement rates due to today’s cost of gasoline at the next joint meeting (November 4) of the Water Management District Chairs and Executive Directors, the Florida Department of Environmental Protection Secretary, and Governor Bush’s Office.

Following consideration, Mr. Dabney moved, seconded by Mr. Combee, to have the Governing Board Chair and Executive Director convey the Board’s support for increasing mileage reimbursement rates due to today’s cost of gasoline at the next joint meeting (November 4) of the Water Management District Chairs and Executive Directors, the Florida Department of Environmental Protection Secretary, and Governor Bush’s Office. The motion carried unanimously. (CD 1/Track 9 – 17:45/26:12/Track 10 – 00:00/01:29)

84. Outreach and Planning Committee

Consent Items

39. September 27, 2005 Committee Meeting Minutes The Committee recommended approval of the minutes as presented.

The Governing Board unanimously approved Consent Item 39. (CD 1/Track 10 – 01:29/01:45)

Discussion Items

40. Office of Program Policy Analysis and Government Accountability Regional Boundaries Study The Committee recommended the Governing Board to affirm staff’s response to the Office of Program Policy Analysis and Government Accountability (OPPAGA) survey, stating that it is consistent with direction given to staff previously regarding potential changes to District boundaries. Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 15 of 16

The Governing Board unanimously approved the Committee’s recommendation on Item 40. (CD 1/Track 10 – 01:45/03:05)

41. Legislative Update This item was presented for the Committee’s information, and no action was required.

42. Continuation of the FY2006 Strategic Plan Outreach Publication Staff received Committee input regarding the need to emphasize the District’s planning efforts in the northern six counties, expand the list of goals where appropriate, and highlight the accessibility of public-owned lands.

43. Florida Friendly Yards Campaign This item was presented for the Committee’s information, and no action was required.

Routine Reports The following reports were provided for the Committee's information, and no action was required. 44. Broadcasting Board Meetings 45. District Review of Local Government Comprehensive Plan Amendments 46. Review of Developments of Regional Impact 47. Upcoming Events 48. November/December Committee Meeting Agenda • Approval of the Minutes of the Committee Meeting of October 25, 2005 • Legislative Update • Finalization of the FY2006 Strategic Plan Outreach Publication • Development of the January Committee Meeting Agenda

Chair’s Agenda

85. Chair’s Agenda

a. Advisory Committee Liaison Reports – Industrial, Public Supply and Well Drillers Ms. Closshey said the Industrial Advisory Committee met in Tampa on October 18, and at the meeting the Committee welcomed their new Chair, Ms. Patricia West, from Progress Energy. Mr. Richard Owen made a presentation on SWUCA, the Committee indicated they were very supportive of the SWUCA Recovery Strategy. Ms. Lois Sorensen presented revisions to the District’s Water Shortage Plan. A presentation from a jointly funded study by the Florida Institute of Phosphate Research and the District titled “The Potential Technologies to Reduce or Replace Groundwater Consumption in the Southwest Florida Water Management District” revealed that the use of clay settling areas for supply reserves held great promise for offsetting industrial groundwater use. The next meeting is scheduled for January 17, 2006.

The Public Supply and Well Drillers Advisory Committees did not meet in October.

b. Performance Evaluations of the Executive Director, General Counsel and Inspector General Ms. Elaine Kuligofski, Director, Human Resources and Risk Management Department, said she provided packets for each Board member containing the performance evaluation materials for the aforementioned positions. The timeline was reviewed, and Ms. Kuligofski said she would be available to answer any questions Board members may have during the process.

c. Events Attendance Chair McCree said staff has provided an outline for Board reference of all upcoming events.

Minutes of the Meeting October 25, 2005 SWFWMD Governing Board Page 16 of 16

d. Other Items Chair McCree said a tentative date of January 10, 2006 has been set for a Governing Board workshop.

Mr. Moore said fortunately this District had no adverse impacts from Hurricane Wilma. He said he contacted the South Florida Water Management District and offered assistance.

Chair McCree congratulated Mr. Dabney for being elected Chair of the Sarasota Chamber of Commerce.

Public Input No requests to speak were submitted.

There being no further business to come before the Board, Mr. Haynes moved, seconded by Ms. Kovach, to adjourn the meeting. Motion carried unanimously.

The meeting was adjourned at 5:04 p.m. (CD 1/Track 10 – 03:05/32:37)

The Southwest Florida Water Management District does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the District's functions including one's access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation, as provided for in the Americans with Disabilities Act, should contact the Executive Department, telephone 1-800- 423-1476 (Florida only), extension 4604; TDD ONLY 1-800-231-6108 (Florida only); FAX 352-754-6874. Governing Board Meeting November 30 – December 1, 2005

Discussion Agenda

85. Items Removed from Consent Agenda for Discussion ...... 2

86. Tampa Bay Water Dispute Resolution ...... (90 minutes) ...... 2

87. Peer Review Report on Minimum Levels for the Intermediate Aquifer System ...... (15 minutes) ...... 2

88. Myakka River Watershed Overview ...... (30 minutes)...... 3

89. Rulemaking – Approve Amendment to add Minimum Flows and Levels for the Upper Myakka River to Chapter 40D-8, Florida Administrative Code (F.A.C.) ...... (10 minutes)...... 4

90. Rulemaking – Approve Amendment to Add Minimum Flows and Levels for the Freshwater Segment of the Alafia River to Chapter 40D-8, F.A.C...... (10 minutes)...... 7

91. Rulemaking – Approve Amendments to add Minimum and Guidance Levels for Selected Priority Lakes in Hillsborough, Highlands and Polk Counties to Chapter 40D-8, F.A.C...... (10 minutes)...... 9

92. Finalization of the FY2006 Strategic Plan Outreach Publication ...... (10 minutes)...... 9

93. Final Order – ERP No. 44025789.001 – Lake Region Audubon Society v. SWFWMD and Spanish Oaks of Central Florida, L.L.C., DOAH Case No. 05-2606 – Polk County ...... (10 minutes)...... 10

94. Lake Hancock Lake Level Modification Project – Conceptual Environmental Resource Permit ...... (25 minutes)...... 11

Discussion Agenda - 2 - November 30-December 1, 2005

85. Items Removed from Consent Agenda for Discussion

Governing Board members may pull any item from the Consent Agenda for discussion purposes. The item(s) will be discussed during the first part of the Discussion Agenda.

86. Tampa Bay Water Dispute Resolution

The purpose of this item is to advise the Governing Board of the status of the dispute resolution process initiated by Tampa Bay Water (TBW) pursuant to paragraph 8.B. of the Northern Tampa Bay New Water Supply and Ground Water Withdrawal Reduction Agreement (the "Partnership Agreement"). Mediation sessions are scheduled for November 14, 15 and 29 (if necessary).

Staff Recommendation:

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

Presenter: David L. Moore, Executive Director

87. Peer Review Report on Minimum Levels for the Intermediate Aquifer System

The purpose of this item is to provide the Board with an overview of the Peer Review report on the District's assessment of the need and technical feasibility of establishing minimum aquifer levels for the Intermediate Aquifer System (IAS).

At the Governing Board meeting on September 27, 2005, staff provided overviews of the hydrogeology of the IAS and the analysis that was prepared to evaluate the technical feasibility of establishing minimum aquifer levels. As presented, staff has concluded that, due to the discontinuous nature of the individual permeable zones and the absence of regional water resource impacts within the IAS, setting minimum aquifer levels is neither necessary nor feasible to provide protection of the resource.

The assessment of the IAS prepared by staff has been documented in a draft report that includes a recommendation to not establish minimum aquifer levels. This report has been sent for outside peer review to Dr. Mark Stewart from the University of South Florida and the United States Geological Survey (USGS). Dr. Stewart and the USGS have extensive experience in evaluating the geology and hydrogeologic conditions in west-central Florida. The purpose of the peer review is to review the validity of the technical approach used by the District to assess the need for minimum levels. In doing so, the reviewers considered how well the conclusions in the report are supported by the data, procedures, and analyses. The Governing Board should give significant weight to outside peer review findings when considering staff recommendations regarding this issue.

The reviewers have submitted a report to the District that presents their findings. Dr. Mark Stewart will make a presentation to the Board concerning the peer review group’s findings. The peer review findings support the staff recommendation that minimum levels are not necessary or feasible for the IAS.

The staff report on the IAS was posted on the District's website in early October and a public meeting was held on November 17, 2005 in Sarasota to solicit public input. A summary of the District's outreach efforts will also be presented.

Discussion Agenda - 3 - November 30-December 1, 2005

Staff Recommendation: See Report

Recommend the Governing Board: (1) Accept the District’s final report, Assessment of Minimum Levels for the Intermediate Aquifer System in the Southwest Florida Water Management District, November 2005; (2) Concur with staff’s conclusions regarding the very localized nature of the Intermediate aquifer and that establishment of minimum aquifer levels in the Intermediate aquifer is not technically feasible; (3) Remove the Intermediate aquifer from the District's priority list for Minimum Flows and Levels establishment; and (4) Direct staff to work with Sarasota County and other interested local governments to establish a management plan for the Intermediate aquifer in the area.

Presenter: Ron Basso, Sr. Professional Geologist, Hydrologic Evaluation Section Dr. Mark Stewart, University of South Florida

88. Myakka River Watershed Overview

The purpose of this presentation is to provide an overview of the water resources within the Myakka River Watershed. There are numerous water resource related issues and opportunities in the District's four major areas of responsibility: natural systems, flood protection, water quality, and water supply, that fit into the identified priorities of both the Governing Board and Basin Boards. Staff has been actively involved in the watershed for many years in areas of data collection and analysis, project implementation and land restoration. We have reached the point where a more comprehensive strategy is necessary to effectively manage and utilize the water resource of this watershed in an environmentally sound and sustainable manner.

The Myakka River Watershed encompasses about 600 square miles and includes lands in Manatee, Sarasota, and Charlotte counties with small portions in Hardee and Desoto counties. The river flows nearly 66 miles from Myakka Head in east-central Manatee County, southwest to where it discharges into Charlotte Harbor. The watershed possesses several unique and important natural and manmade surface water features such as Flatford Swamp, Tatum Sawgrass marsh, and the Upper and Lower Myakka Lakes. The watershed can be generally described as a very slow and meandering riverine system, with a wide range of flows. Flat to moderate slopes along with poorly drained soils through the watershed result in large "pooling" areas (Flatford Swamp and Tatum Sawgrass marsh) and wide flood plains. Through the Sarasota County segment, the Myakka River was designated an Outstanding Florida Water by the Florida Department of Environmental Protection including the estuarine portions, and named a Wild and Scenic River by the State of Florida in the late 1980s.

As early as the 1930s, alterations have been made in an effort to manipulate flows of the river and its tributaries to control flooding, and provide for agriculture and land development. Many of these alterations have had significant unintended consequences. Examples of the types of alterations that have occurred include: (1) a concrete weir constructed across the river at a large widening known as the Upper Myakka Lake. This was done as part of the Myakka River State Park development and resulted in increased flood stages upstream and natural systems changes to the immediate upland and riverine environments; (2) dikes constructed along Tatum Sawgrass marsh (north of Myakka River State Park) for the purpose of reducing flood stages in agricultural lands resulted in a loss of floodplain storage and increased flood stages downstream; and (3) Cow Pen Slough, a sub-basin located west of the river, was channelized to facilitate the development of agriculture. This alteration diverted surface waters from the Myakka River to Dona Bay near Venice, in Sarasota County. Studies, supported by the District’s SWIM program and the Charlotte Harbor National Estuary Program (CHNEP), have Discussion Agenda - 4 - November 30-December 1, 2005

documented the additional fresh water flows into Dona Bay have impacted the estuarine environment.

Land use activities have also contributed to altered hydroperiods and flows in the river and its tributaries. In the upper most portion of the Myakka watershed, agricultural irrigation has contributed to excess flows entering a broad flat wetland area known as Flatford Swamp. These excess flows occur during the historically dry time of year, when flows would normally be low or zero. The inability for the system to "dry out" has resulted in significant tree die-off and changes in the makeup of natural vegetation in the Swamp. In addition, agricultural lands that were able to withstand the seasonal, short term flooding are now converting to residential use and cannot tolerate the periodic flooding without damage or loss of property.

The alterations that have occurred in the Myakka River Watershed have resulted in changes to the quantities and timing of surface water flows. Over the past several years, there has been increasing interest in restoring areas of the watershed that have experienced environmental damage as a result of these alterations. Because the watershed lies within the Southern Water Use Caution Area (SWUCA), water supply is also a major issue for the area. Especially important to the District's Regional Water Supply Plan and SWUCA Recovery efforts is the identification of alternative water supplies. The Water Planning Alliance and the Peace River Manasota Regional Water Supply Authority have identified two potential projects, Cow Pen Slough and Flatford Swamp in their Regional System Planning & Engineering Study. District staff has begun investigating ways to restore the environmental damage that has occurred in the watershed in ways that can also provide a benefit to water supplies in this critical area.

The District is developing a comprehensive approach to assessing the water resources of the Myakka River Watershed, a method supported by other stakeholders such as the CHNEP. Watershed Management Programs (WMP) are currently ongoing in the Big Slough, Lower Myakka River, and Dona Bay watersheds. The development of a WMP provides a method to protect, enhance, and restore water quality and natural systems in the watershed while achieving flood protection.

This presentation will provide an overview of the watershed and the issues listed above. A detailed proposal on development of a comprehensive watershed management program for the entire Myakka River Watershed will be presented at a future meeting.

Staff Recommendation:

This item is presented for the Board's information; no action is required.

Presenter: Lisann C. Morris, Senior Professional Engineer, Resource Conservation & Development Department

89. Rulemaking - Approve Amendment to add Minimum Flows and Levels for the Upper Myakka River to Chapter 40D-8, Florida Administrative Code (F.A.C.)

Staff has developed proposed minimum flows for the upper segment of the Myakka River, having reviewed the methodology and recommended flows at several Board meetings and made presentations to the District's Environmental Advisory Committee, the Charlotte Harbor Technical Advisory Committee, the Myakka River Management Coordinating Council, and at a public workshop (November 7). Staff recommends moving forward to adopt minimum flows on the upper segment of the Myakka River. At this meeting, staff will briefly review the methodology, recommended flows, peer review results, and any public comment relevant to the upper segment of the Myakka River. Discussion Agenda - 5 - November 30-December 1, 2005

The methodology and recommended flows for the upper segment of the Myakka River are documented in the report dated November 2005 and entitled, "Proposed Minimum Flows and Levels for the Upper Segment of the Myakka River, from Myakka City to SR 72."

Recommended minimum flows for the upper Myakka River and the methodologies used to develop these flow recommendations were presented to the Governing Board at its July 26, 2005 meeting. For development of Minimum Flows and Levels (MFL) for the upper segment of the Myakka River, the District identified seasonal blocks corresponding to periods of low, medium and high flows. Short-term minimum flow compliance standards for the Sarasota gage site were developed for each of these seasonal periods using a "building block" approach. Low Flow Thresholds (LFT), based on fish passage depth and wetted perimeter inflection points are normally incorporated into the short-term compliance standards. However, in the case of the Myakka River historic flows demonstrate that a LFT greater than 0 cubic feet per second (zero cfs) is inappropriate due to the historically ephemeral nature of the system. The LFT is defined to be a flow that serves to limit withdrawals, with no withdrawals permitted unless the threshold is exceeded. The allowable flow reduction for the low flow period (Block 1, which runs from April 20 through June 24) was based on review of limiting factors developed using the Physical Habitat Simulation Model (PHABSIM) to model potential changes in habitat availability for several fish species and macroinvertebrate diversity. It was determined using PHABSIM that the most restrictive limiting factors were adult and juvenile largemouth bass and adult spotted sunfish. Based on the 1940 through 1969 benchmark period, adult spotted sunfish exhibit a 15 percent loss of habitat when flows are reduced by 18 percent. In both benchmark periods, simulated reductions in historic flows greater than 15 percent resulted in more than 15 percent loss of available habitat for adult largemouth bass and a 14 percent reduction in flow resulted in a 15 percent loss of habitat for juvenile largemouth bass. Using these limiting factors, the prescribed flow reduction for the low flow period was defined as a 15 percent reduction in natural flow at the Myakka River near Sarasota gage.

For the high flow season of the year (which runs from June 25 to October 27), a prescribed flow reduction was based on review of limiting factors developed using the HEC-RAS floodplain model and Regional and Long Term Positional Hydrographic (RALPH) analyses to evaluate percent of flow reductions associated with changes in the number of days of inundation of floodplain features. It was determined that a stepped flow reduction of 16 percent and 7 percent of historic flows, with the step occurring at the 15 percent exceedance flow (577 cfs) resulted in a decrease of 15 percent or more in the number of days that flows would inundate floodplain features at the Sarasota gage.

For the medium flow period (which runs from October 28 of one year to April 19 of the next), PHABSIM analyses were used to model flows associated with potential changes in habitat availability for several fish species and macroinvertebrate diversity. In addition, flows associated with inundation of instream woody habitats were evaluated using the HEC-RAS model and RALPH analyses. Using the more conservative of the two resulting flows, it was determined that PHABSIM would define the percent flow reduction. It was determined that more then 15 percent of historically available habitat would be lost for specific species life- stages if flows were reduced by more than 5 percent at Sarasota gage during the medium flow period.

Because minimum flows are intended to protect the water resources or ecology of an area, and because climatic variation can influence river flow regimes, we developed long-term compliance standards for the Myakka River gage site near Sarasota. The standards are hydrologic statistics that represent flows that may be expected to occur during long-term periods when short term-compliance standards are being met. The long-term compliance Discussion Agenda - 6 - November 30-December 1, 2005

standards were generated using gage-specific historic flow records and the short-term compliance standards. Because, flow augmentation occurs in the Myakka River relative to during Blocks 1 and 2, a corrected flow record was created for the period 1970-1999 which subtracts out the median values of the estimated excess flow. For the analyses, the entire flow record, including the corrected 1970-1999 data was altered by the maximum allowable flow reductions in accordance with the prescribed flow reductions and the LFT. Hydrologic statistics for the resulting altered flow data sets, including five and ten-year mean and median flows were determined and identified as long-term compliance standards. Because these long-term compliance standards were developed using the short-term compliance standards and the historic flow records, it may be expected that the long-term standards will be met if compliance with short-term standards is achieved. It should be noted that because the flow record was corrected to estimate natural flows that the compliance standards are constructed in accordance with the natural flow regime and not reflective of the augmented conditions found during approximately the last 30 years

Following a staff presentation to the Board in July 2005, the draft upper Myakka River MFL report was submitted to an independent, scientific review panel for voluntary peer review. The panel’s mission was to review the validity of the technical approach used by the District to determine the proposed minimum flows. In doing so, the panel considers how well the conclusions in the report are supported by the data, procedures, and analyses that are presented. The Governing Board should give significant weight to the panel’s findings when adopting minimum flows for the upper Myakka River.

The panel submitted their report to the District and a presentation was made to the Board at its September 2005 meeting by the panel member, Dr. Charles Cichra. The peer review panel concluded that, "Overall, the Panel endorses the District’s approach for setting MFLs in the...Myakka [River], and we find no serious flaws or errors in the methodology or findings documented in the reports. Assumptions of the approach are well documented and are reasonable given the amount and quality of data available. Tools and methods of analysis employed in this effort are appropriately used and utilize best available information. Conclusions in the reports are based on an impressive field data collection effort and sound application of findings from the scientific literature and previous investigations by District staff."

The District is proceeding with MFL rule development on the upper segment of the Myakka River, although it is in the Southern Water Use Caution Area. This is because this river is not considered to be in recovery.

Staff has finalized the August 10, 2005 draft MFL document, by addressing various editorial concerns, making changes recommended by the peer review panel, attaching the peer review panel's report as an appendix (Appendix A), and providing staff's response (Appendix B). This report, now dated November 2005, is available on the District's web site. This updated report is attached as an exhibit to this recap. The proposed rule language that would establish MFL for the upper Myakka River as measured at the Sarasota gage as described above is also attached as an exhibit.

Staff Recommendation: See Exhibit 89 and Report

(1) Recommend acceptance of the MFL report entitled, "Proposed Minimum Flows and Levels for the Upper Segment of the Myakka River, from Myakka City to SR 72," dated November 2005; and (2) Approve the attached proposed rule amendments to Chapter 40D-8, F.A.C. for publication and adoption.

Discussion Agenda - 7 - November 30-December 1, 2005

Presenter: Martin H. Kelly, Ph.D. Manager, Resource Conservation and Development Dept.

90. Rulemaking - Approve Amendment to Add Minimum Flows and Levels for the Freshwater Segment of the Alafia River to Chapter 40D-8, F.A.C.

Staff has developed proposed minimum flows for the freshwater segment of the Alafia River, having reviewed the methodology and recommended flows at several Board meetings and made presentations to District's Environmental Advisory Committee, the Tampa Bay Estuary Program Technical Advisory Committee, and at a public workshop (November 1). Staff recommends moving forward to adopt minimum flows on the freshwater segment of the Alafia River. At this meeting staff will briefly review the methodology, recommended flows, peer review results, and any public comment relevant to the freshwater segment of the Alafia River.

The methodology and recommended flows for the freshwater segment of the Alafia River are documented in the report dated November 2005 and entitled, "Alafia River Minimum Flows and Levels Freshwater Segment including Lithia and Buckhorn Springs."

Recommended minimum flows for the freshwater segment of the Alafia River and the methodologies used to develop these flow recommendations were presented to the Governing Board at its April 26, 2005 meeting. Although Lithia and Buckhorn Springs were evaluated, in part, along with the freshwater segment of the Alafia River, Minimum Flows and Levels (MFL) for these two springs will not be proposed for adoption until after the MFL evaluation for the estuarine portion of the Alafia River is complete. This is because estuarine considerations may place further restrictions on allowable withdrawals from these systems.

For development of MFLs for the Alafia River, the District has explicitly identified seasonal low, medium and high flow periods. Short-term minimum flow compliance standards were developed for each of these periods using a "building block" approach. A Low Flow Threshold (LFT) for the river based on fish passage depth and wetted perimeter inflection points is recommended. The wetted perimeter inflection point is essentially the flow that provides the maximum amount of stream bottom coverage with the least amount of flow. The low flow threshold is defined to be a flow that serves to limit withdrawals, with no withdrawals permitted unless the threshold is exceeded. This LFT was determined to be 59 cubic feet per second (cfs) as measured at the Alafia River at Lithia gage. The allowable flow reduction for the low flow period (which runs from April 20 through June 24) was based on review of limiting factors developed using the Physical Habitat Simulation Model (PHABSIM) to model potential changes in habitat availability for several fish species and macroinvertebrate diversity. It was determined that the most restrictive limiting factor was the fry of largemouth bass and simulated reductions in historic flows greater than 10 percent resulted in more than a 15 percent loss of available habitat at sites upstream from the Lithia gage. Using this limiting factor, the prescribed flow reduction during the low flow period was defined as a 10 percent reduction in flow, with the exceptions that withdrawals should not be allowed to reduce the flow to less than 59 cfs at the Lithia gage and that flows over 374 cfs are limited to an 8 percent reduction, consistent with the development of block 3 flow reduction standards.

For the high flow season of the year (which runs from June 25 to October 27), a prescribed flow reduction was based on review of limiting factors developed using the HEC-RAS floodplain model and analyses to evaluate percent of flow reductions associated with changes in the number of days of inundation of floodplain features. It was determined that a stepped flow reduction of 13 percent and 8 percent of historic flows, with the step occurring at the 25 percent exceedance flow (374 cfs), resulted in a decrease of 15 percent or more in the number of days that flows would inundate floodplain features at the Lithia gage. Using these limiting factors, prescribed flow reductions consistent with the stepped flow reductions described above were established, with the exception that withdrawals should not be allowed Discussion Agenda - 8 - November 30-December 1, 2005

to reduce the flow to less than 59 cfs at the Lithia gage site. As the peer review panel noted, high flows are most common during block 3, but may occur during other seasons. In order to assure that high flows are protected regardless of when they occur, the high flow step, limiting withdrawals to 8 percent of flows over the 25 percent exceedance of 374 cfs, has been extended to be in effect throughout the year.

For the medium flow period (which runs from October 28 of one year to April 19 of the next), PHABSIM analyses were used to model flows associated with potential changes in habitat availability for several fish species and macroinvertebrate diversity. In addition, flows associated with inundation of instream woody habitats were evaluated using the HEC-RAS model and Regional and Long Term Positional Hydrographic analyses. Using the more conservative of the two resulting flows, it was determined that inundation of woody habitat would define the percent flow reduction. Using these limiting factors, the allowable flow reduction during the medium flow period was defined as a 19 percent reduction in flow at the Lithia gage site, with the exception that withdrawals would not be allowed to reduce flow at the Lithia site below 59 cfs and that flows above 374 cfs be limited to an 8 percent reduction.

The proposed MFL recommendations for the freshwater segment of the Alafia River yielded a LFT of 59 cfs at the Lithia gage, which is not to be impacted by withdrawals. Without impacting the LFT, and limiting flow reduction to 8 percent for flows above 374 cfs, allowable percent reductions in flow which would not cause significant harm were determined to be 10 percent during the low flow period, 8 percent during the high flow period, and 19 percent as measured at the Lithia gage during the medium flow period. Using this flow prescription, the historic flow records were adjusted and summary statistics generated. The summary statistics (5 and 10 year means and medians) are proposed as long-term compliance standards.

Following a staff presentation to the Board in April 2005, the draft Alafia River MFL report was submitted to an independent, scientific review panel for voluntary peer review. The panel’s mission was to review the validity of the technical approach used by the District to determine the proposed minimum flows. In doing so, the panel considers how well the conclusions in the report are supported by the data, procedures, and analyses that are presented. The Governing Board should give significant weight to the panel’s findings when adopting minimum flows for the freshwater segment of the Alafia River.

The panel submitted their report to the District, and a presentation was made to the Board at its September 2005 meeting by panel member, Dr. Charles Cichra. The peer review panel concluded that, "Overall, the Panel endorses the District’s approach for setting MFLs in the . . . Alafia [River], and we find no serious flaws or errors in the methodology or findings documented in the reports. Assumptions of the approach are well documented and are reasonable given the amount and quality of data available. Tools and methods of analysis employed in this effort are appropriately used and utilize best available information. Conclusions in the reports are based on an impressive field data collection effort and sound application of findings from the scientific literature and previous investigations by District staff."

The District is proceeding with MFL rule development on the freshwater segment of the Alafia River, although it is in the Southern Water Use Caution Area. This is because the freshwater segment of the river is not considered to be in recovery.

Staff has finalized the March 21, 2005 draft MFL document, by addressing various editorial concerns, making changes recommended by the peer review panel, attaching the peer review panel's report as an appendix (Appendix A), and providing staff's response (Appendix B). This report, now dated November 2005, is available on the District's web site. This updated Discussion Agenda - 9 - November 30-December 1, 2005

report is attached as an exhibit to this recap. The proposed rule language that would establish a MFL for the freshwater segment of the Alafia River as measured at the Lithia gage as described above is also attached as an exhibit.

Staff Recommendation: See Exhibit 90 and Report

(1) Recommend acceptance of the MFL report entitled, "Alafia River Minimum Flows and Levels Freshwater Segment including Lithia and Buckhorn Springs," dated November 2005; and (2) Approve the attached proposed rule amendments to Chapter 40D-8, F.A.C. for publication and adoption.

Presenter: Martin H. Kelly, Ph.D. Manager, Resource Conservation and Development Dept.

91. Rulemaking - Approve Amendments to add Minimum and Guidance Levels for Selected Priority Lakes In Hillsborough, Highlands and Polk Counties to Chapter 40D-8, F.A.C.

Staff is seeking Board approval of proposed minimum and guidance levels for 11 priority lakes in Highlands, Hillsborough, and Polk counties. The proposed levels (Table 1) were developed using previously peer-reviewed, Governing Board adopted methods, and upon adoption by the Board will be incorporated into Chapter 40D-8, F.A.C. Technical documents outlining development of the proposed levels have been posted on the District web site, distributed to interested parties, and made available to Governing Board members in electronic format on a compact disc.

Staff has considered comments on the levels received from local governments and the public, including input received at public workshops and via e-mail, letter, facsimile, and telephone. Specific comments on the proposed levels are summarized in Table 2.

Minimum levels proposed for 8 of the 11 priority lakes are currently being met. For Lakes Allen, Harvey, and Virginia, the 3 lakes where the proposed minimum levels are not being met, the recovery strategy outlined for the northern Tampa Bay area in Section 40D-D80.873, F.A.C., will apply.

Staff recommends Board adoption of the minimum and guidance levels proposed for the 11 priority lakes into Table 8-2, Section 40D-8.624, F.A.C. (see Exhibit A). Staff also recommends deletion of currently adopted guidance levels for the lakes from Table 8-3, Section 40D-8.624, F.A.C. Staff will be prepared to address any Board issues regarding the proposed levels or the methods used for their development.

Staff Recommendation: See Exhibit 91

Approve the attached rule amendments to Chapter 40D-8, F.A.C. for publication in the Florida Administrative Weekly and adoption into District rules.

Presenter: Doug Leeper, Senior Environmental Scientist, Resource Conservation & Development Department

92. Finalization of the FY2006 Strategic Plan Outreach Publication

At the October meeting, the Outreach and Planning Committee provided input regarding the proposed content of the 2006 District Strategic Plan. Staff has updated the content of the Plan to reflect input from the Committee, as well as further review by staff, and is Discussion Agenda - 10 - November 30-December 1, 2005

recommending approval of the Plan by the Governing Board. A copy of the Plan's revised content is included as an exhibit. The strategic priorities contained in the Plan include:

• Meeting Present and Future Water Supply Needs, with three components, including Regional Water Supply Planning, Northern Tampa Bay Resource Recovery and Development, and Southern Water Use Caution Area; • Establishment of Minimum Flows and Levels; • Comprehensive Watershed Management; • Flood Protection and Emergency Management; • Resource Management Through Regulation; • Land Stewardship; and • Mission Support.

A copy of the draft final document will be distributed at the Board meeting.

Staff Recommendation: See Exhibit 92

Governing Board approval of the 2006 Strategic Plan

Presenter: Richard S. Owen, Director, Planning Department

93. Final Order – ERP No. 44025789.001 – Lake Region Audubon Society v. SWFWMD and Spanish Oaks of Central Florida, L.L.C., DOAH Case No. 05-2606 – Polk County

On April 27, 2004, the District issued notice of agency action for approval of Environmental Resource Permit No. 44025789.001 (Permit) to Spanish Oaks of Central Florida, L.L.C. (Permittee) to authorize the construction and operation of a surface water management system serving a single family residential subdivision known as Spanish Oaks located on approximately 30.88 acres in Lakeland, Polk County. The Permittee did not publish notice of the issuance of the Permit at that time. Notice of Permit issuance was published on May 19, 2005. On June 6, 2005, Lake Region Audubon Society, Inc. (LRAS) filed a Petition for Administrative Hearing. The Petition did not substantially comply with the requirements governing the initiation of administrative proceedings and was dismissed with leave to amend. On July 11, 2005, LRAS filed an Amended Petition which District staff determined was timely and in substantial compliance with the necessary requirements. The Amended Petition was referred to the Division of Administrative Hearings (DOAH) for assignment to an Administrative Law Judge (ALJ) for purposes of conducting an administrative hearing.

The final hearing in this matter was held on September 7 and 8, 2005. The District, LRAS and the Permittee appeared at the hearing and presented testimony and evidence supporting their respective positions. After the hearing, all parties timely submitted Proposed Recommended Orders.

On November 10, 2005, the ALJ issued his Recommended Order. The Recommended Order concludes that the Permittee has met its burden of proof and persuasion that all conditions for issuance of the Permit have been satisfied and that it is entitled to the requested ERP. The ALJ recommends that the District issue a Final Order approving the issuance of the Permit to the Permittee.

The parties have until November 25, 2005 to submit any Exceptions to the Recommended Order. The Governing Board will be provided with any Exceptions, responses to Exceptions, Discussion Agenda - 11 - November 30-December 1, 2005

and proposed rulings on Exceptions if any are filed, as well as a proposed Final Order, in a supplemental mailing or, if necessary, at the Governing Board proceeding on this matter.

Staff Recommendation:

To be presented at the Board meeting.

Presenter: Martha A. Moore, Senior Attorney

94. Lake Hancock Lake Level Modification Project – Conceptual Environmental Resource Permit

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 September 2005, staff provided the Resource Management and Development Committee with an update on the status of the project and the schedule for a planned submittal of the conceptual ERP application.

The Lake Hancock Lake Level Modification project is critical in the District's strategies for meeting the minimum flows in the upper Peace River. The goal of the project is to store water by raising the control elevation of the existing outflow structure on Lake Hancock and to slowly release water during the dry season to help meet the low flow requirements in the upper Peace River. The project is funded by the Governing Board (50 percent), Peace River Basin Board (25 percent), Alafia River Basin Board (12.5 percent), and Manasota Basin Board (12.5 percent).

This project is one of a series of projects being pursued to meet the proposed minimum flows for the upper Peace River, which are 17 cubic feet per second (cfs) at Bartow, 27 cfs at Fort Meade, and 45 cfs at Zolfo Springs. During the 30-year period from 1975 through 2004, flows in the upper Peace River were below the proposed minimum flows at Fort Meade approximately 28 percent of the time. Preliminary results indicate that storing water in Lake Hancock may recover up to approximately 50 percent of the minimum flows for the upper Peace River, which includes accounting for approximately 25 cfs of sink losses within the river.

BCI, Engineers and Scientists, Inc., finalized the surface water model for projecting the 100- year inundation extent for the existing and raised lake level conditions. The information was used to assess the potential affects to surrounding properties associated with a change to the depth, duration, and frequency of water levels on those properties. At the September Committee meeting, staff outlined the major project considerations: wetlands, water quality, private properties, City of Lakeland Cemetery, and Polk County North Central Landfill (NCLF). If the lake level project is implemented, raising the lake level is expected to result in a net benefit to wetland areas around the lake, in that more areas would benefit from the increased level than would be impacted. Based on review of the water quality data, the lake level project is not expected to cause or contribute to any water quality degradation.

Many of the private properties that would be affected by the lake level project have already been acquired. Staff continues to work with the owners of the remaining properties meeting with the Jacque Lee Lane residents on October 13, 2005, and with the Waterwood Subdivision residents on November 9, 2005. The meetings were to inform the residents which properties would be affected by the lake level project and to update them on the status of the project.

Discussion Agenda - 12 - November 30-December 1, 2005

Based on the modeling efforts, it does not appear that the lake level project will affect the City of Lakeland Cemetery. However, staff continues to work with the Cemetery to evaluate opportunities to enhance conveyance from the Cemetery, which may improve the Cemetery's existing flooding conditions.

Based on the modeling efforts and evaluation of the Landfill operations, staff believes the issues associated with the NCLF can be addressed through the NCLF's groundwater management system. Staff is working with the County to develop floodplain compensation alternatives to address future expansion plans for the NCLF. Staff is also working with the NCLF regarding future wetland mitigation alternatives on nearby District-owned properties to accommodate future expansion plans for the NCLF.

Staff has been meeting regularly with the Florida Department of Environmental Protection (FDEP) in a series of pre-application meetings to address the various issues. Staff anticipates submitting the conceptual ERP application by mid-December 2005.

The project will continue to be in the planning and feasibility stage until such time as construction is initiated. The project as presently envisioned is subject to changes because of many factors including, but not limited to, areas of engineering, permitting, the environment and costs.

Staff Recommendation:

Authorize staff to submit the conceptual ERP application, as presented, to the FDEP and the United States Army Corps of Engineers to raise the control elevation of the outflow structure on Lake Hancock to an elevation of 100 feet NGVD to help meet the low flow requirements of the upper Peace River.

Presenter: Mark A. Hammond, Director, Resource Management Department

EXHIBIT

Amendments to RULE 40D-8.041, F.A.C. Myakka River MFL

40D-8.041 Minimum Flows (1) Minimum Flows for the Lower Hillsborough River (1) and (2) are renumbered (a) and (b) respectively (3) is renumbered as (2) (x) Minimum Flows for Myakka River (a) The Minimum Flows are to ensure that the minimum hydrologic requirements of the water resources or ecology of the natural systems associated with the river are met. (b) Minimum Flows for the Myakka River at the USGS Myakka River near Sarasota Gage USGS # 02298830 ("Sarasota Gage") are set forth in Table 8-A below. The long-term compliance standards set forth in Table 8-B are established based on the application of the Minimum Flows to the lowest anticipated natural flow conditions. Minimum Flows for the Myakka River are both seasonal and flow dependent. Two standards are flow based and applied continuously regardless of season. The first is a Minimum Low Flow threshold of 0 cfs at the Sarasota Gage. The second is a Minimum High Flow threshold of 577 cfs at the Sarasota Gage. The Minimum High Flow is based on changes in the number of days of inundation of floodplain features. There are also three seasonally dependent or Block specific Minimum Flows. The Block 1 and Block 2 Minimum Flows are based on potential changes in habitat availability for fish species and macroinvertebrate diversity. The Block 3 Minimum Flow is based on changes in the number of days of connection with floodplain features.

Table 8-A Minimum Flow for Myakka River at USGS Myakka River near Sarasota Gage Period Effective Dates Where Flow on Previous Minimum Flow Is Day Equals: Annually January 1 to 0 cfs 0 cfs December 31 >0 cfs Seasonally dependent – see Blocks below

Block 1 April 20 to June 0 cfs 0 cfs 25 >0 cfs previous day flow minus 15%

Block 2 October 27 to 0 cfs 0 cfs April 19 >0 cfs previous day flow minus 5%

Table 8-A Minimum Flow for Myakka River at USGS Myakka River near Sarasota Gage Period Effective Dates Where Flow on Previous Minimum Flow Is Day Equals: Block 3 June 26 to October 0 cfs 0 cfs 26 >0 cfs and <577 cfs previous day flow minus 16% >577 cfs previous day flow minus 7%

Table 8-B Compliance Standards for Myakka River at USGS Myakka River near Sarasota Gage Minimum Flow Hydrologic Statistic Flow (cfs) Annual Flow 10-Year Mean 172 10-Year Median 12 5-Year Mean 149 5-Year Median 5 Block 1 10-Year Mean 23 10-Year Median 0 5-Year Mean 4 5-Year Median 0 Block 2 10-Year Mean 28 10-Year Median 4 5-Year Mean 15 5-Year Median 3 Block 3 10-Year Mean 324 10-Year Median 181 5-Year Mean 241 5-Year Median 133

Specific Authority 373.044, 373.113, 373.171, FS. Law Implemented 373.036, 373.0361, 373.0395, 373.042, 373.0421, FS. History - Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.15, 40D-1.601, Amended 10-1-84, 8-7-00, ______. EXHIBIT

Amendments to RULE 40D-8.041, F.A.C. Alafia River MFL

40D-8.041 Minimum Flows (1) Minimum Flows for the Lower Hillsborough River (1) and (2) are renumbered (a) and (b) respectively (3) is renumbered as (2) (x) Minimum Flows for Alafia River (a) The Minimum Flows are to ensure that the minimum hydrologic requirements of the water resources or ecology of the natural systems associated with the river are met. (b) Minimum Flows for the Alafia River at the USGS Alafia River at Lithia Gage USGS # 02301500 ("Lithia Gage") are set forth in Table 8-X below. The long-term compliance standards set forth in Table 8-Y are established based on the application of the Minimum Flows to the lowest anticipated natural flow conditions. Minimum Flows for the Alafia River are both seasonal and flow dependent. Two standards are flow based and applied continuously regardless of season. The first is a Minimum Low Flow threshold of 59 cfs at the Lithia Gage. The second is a Minimum High Flow threshold of 375 cfs at the Lithia Gage. The Minimum High Flow is based on changes in the number of days of inundation of floodplain features. There are also three seasonally dependent or Block specific Minimum Flows. The Block 1 and Block 2 Minimum Flows are based on potential changes in habitat availability for fish species and macroinvertebrate diversity. The Block 3 Minimum Flow is based on changes in the number of days of connection with floodplain features.

Table 8-X Minimum Flow for Alafia River at USGS Alafia River at Lithia Gage Period Effective Dates Where Flow on Previous Minimum Flow Is Day Equals: Annually January 1 to ≤59 cfs 59 cfs December 31 >59cfs and <374 cfs Seasonally dependent – see Blocks below

>374 cfs Previous day flow minus 8% Block 1 April 20 to June ≤57 59 cfs 25 >57 cfs and <66cfs 67 cfs

>66 cfs and <374 cfs previous day flow minus 10%

>374 cfs previous day flow minus 8% Block 2 October 27 to ≤59 59 cfs April 19 >59 cfs and <69 cfs 67 cfs

>69 cfs and <374 cfs previous day flow minus 15%

>374 cfs previous day flow minus 8% Block 3 June 26 to October ≤59 cfs 59 cfs 26 >59 cfs and <64 cfs 67 cfs

>64 cfs and <374 cfs previous day flow minus 13%

>374 cfs previous day flow minus 8%

Table 8-Y Compliance Standards for Alafia River at Lithia Gage Minimum Flow Hydrologic Statistic Flow (cfs) Annual Flow 10-Year Mean 192 10-Year Median 5-Year Mean 101 5-Year Median 163 86

Block 1 10-Year Mean 85 10-Year Median 5-Year Mean 35 5-Year Median 53 27

Block 2 10-Year Mean 137 10-Year Median 5-Year Mean 82 5-Year Median 110 66

Block 3 10-Year Mean 318 10-Year Median 5-Year Mean 179 5-Year Median 276 163

Minimum and Guidance Levels Lake Name (Elevations in feet above the and Location National Geodetic Vertical Datum of 1929) by County Ten-Year and Basin Flood High High Minimum Low Guidance Guidance Minimum Lake Guidance Level Level Lake Level Level Level In Highlands County, within the Peace River Basin Jackson, Lake 104.1 102.6 102.4 101.3 100.2 June-In-Winter, Lake 75.5 74.7 74.5 74.0 73.2 Little Lake Jackson 104.1 102.6 102.4 101.3 100.2 Placid, Lake 95.0 93.3 93.3 92.2 90.9 In Hillsborough County, within the Northwest Hillsborough Basin Allen, Lake 63.1 61.8 61.8 60.7 59.7 Harvey, Lake 63.1 61.8 61.8 60.7 59.7 Virginia, Lake 63.1 61.8 61.8 60.7 59.7 In Polk County, within the Peace River Basin Clinch, Lake 107.4 105.5 105.5 104.4 103.1 Eagle Lake 131.3 129.6 129.0 127.9 127.2 McLeod, Lake 133.3 129.4 129.4 128.3 127.0 Parker, Lake 131.8 130.6 130.6 129.6 129.0

Table 2. Summary of public input on proposed minimum and guidance levels for 11 priority lakes.

Lake Name and Location by County Public Comment on Proposed Levels and Basin In Highlands County, within the Peace River Basin Jackson, Lake No specific comments provided on the proposed levels, although one citizen indicated that "high" water levels are preferable for all regional lakes. June-In-Winter, Lake One citizen indicated that the proposed minimum levels are too high, but did not offer specific elevations for alternative levels.

The Lake June Association expressed support for the proposed levels, and indicated that they would prefer an increased range of water level fluctuations within the basin. Little Lake Jackson No specific comments provided on the proposed levels, although one citizen indicated that "high" water levels are preferable for all regional lakes. Placid, Lake One citizen expressed support for the proposed levels. Another indicated that the levels were too high, but did not identify preferred levels.

Two citizens indicated that during a period when the lake was staged about 0.4 ft above the proposed High Miniimum Lake Level, it was "perfect" for their location.

The president of the Lake Placid Association expressed concern that compliance with the proposed minimum levels would require modification of the lake outlet; an action which he opposes. In Hillsborough County, within the Northwest Hillsborough Basin Allen, Lake Several citizens expressed support for the proposed levels, indicating that they would not support establishment of the levels at lower elevations.

One citizen identified a preferred Minimum Lake Level of 61.0 ft above NGVD; an elevation 0.3 ft higher than the proposed Minimum Lake Level.

One citizen indicated that the proposed High Minimum Lake Level is too high, citing yard flooding and septic system problems associated with high lake stages.

One citizen indicated that the proposed levels may be appropriate for Lakes Harvey and Virginia, but may not be appropriate for Lake Allen. He suggested that the canal connecting the lakes should be modified, and separate sets of levels should be established for Lake Allen. Harvey, Lake See comments for Lake Allen. Virginia, Lake See comments for Lake Allen. In Polk County, in the Peace River Basin Clinch, Lake Two citizens indicated that the proposed minimum levels are too high, but did not offer specific elevations for alternative levels. Eagle Lake Four citizens indicated that the proposed minimum levels are too high, but did not offer specific elevations for alternative levels. McLeod, Lake No specific comments on the proposed levels have been received. Parker, Lake No specific comments on the proposed levels have been received.

Draft 2006 Strategic Plan Annotated Outline

Cover Page Southwest Florida Water Management District 2006 Strategic Plan

Inside Front Cover Message from the Governing Board Chair Governing Board Members

Page 1 Message from the Executive Director Table of Contents

Pages 2 – 3 District Overview • Mission • Goals • Office Locations • Contact Information / Organizational Structure / Executive Staff

Pages 4 – 5 District Strategic Priorities Summary

Pages 6 – 7 Meeting Present and Future Water Supply Needs – Regional Water Supply Planning

Pages 8 – 9 Meeting Present and Future Water Supply Needs – Northern Tampa Bay Resource Recovery and Development

Pages 10 – 11 Meeting Present and Future Water Supply Needs – Southern Water Use Caution Area

Pages 12 - 13 Establishment of Minimum Flows and Levels

Draft 2006 Strategic Plan Annotated Outline

Pages 14– 15 Comprehensive Watershed Management • Watershed Management Program • Federal Emergency Management Agency Map Modernization • Surface Water Improvement and Management Program

Pages 16 – 17 Flood Protection and Emergency Management • Structure Operations and Maintenance • Hurricane Preparedness and Response

Pages 18 – 19 Resource Management Through Regulation • Environmental Resource Regulation • Water Use Permitting • Well Construction Permitting • AGSWM • Compliance • Water Quality Certification • FDOT Mitigation Program • “e-Permitting”

Pages 20 – 21 Land Stewardship

Pages 22 – 23 Mission Support • Information Technology Enhancements Water Management Information System Water Use Tracking System • Seeking State and Federal Funds and Public-Private Partnerships • Enhancing District Efficiency and Effectiveness • Involving Key Stakeholders and Partners • Public and Youth Education

Inside Back Cover Basin Board members

Back Cover Graphics Address Telephone Website DRAFT

Message from the Governing Board Chair

Strategic Plan Paves Way for Action

Where are we going and how are we going to get there?

That’s what a Strategic Plan answers. The document serves as the planning equivalent of a moral compass by which decisions should be made and actions should be judged.

A Strategic Plan is the “big picture,” allowing us to step back from the myriad of day-to-day decisions, take a breath, and define a vision. This process requires that we accurately assess what the major water resource issues are, define what we want to achieve long-term, and provide a map pointing us in the right direction. If you know where you want to go, it’s easier to plot a course.

The novelist Ernest Hemingway once said, “Never confuse movement with action.” Action is movement with a purpose. One of the benefits of a Strategic Plan is that it promotes consistency of purpose that translates into action. With a Plan, all oars can be rowing at the same pace in the same direction.

One of the biggest challenges to achieving any goal is having sufficient resources. However, resources are limited. This Strategic Plan allows the District to more efficiently identify and allocate resources to priority areas, thus improving the likelihood of success.

Even with sufficient resources, we must continue to focus on our priorities to successfully manage the water resources of west-central Florida in such a way that protects those resources while also ensuring sufficient supplies for future needs. Through this Strategic Plan, we can keep the focus on these common goals, assess how successful we’ve been, and modify strategies and priorities as necessary.

The Strategic Plan is a tool that communicates how the District views water resource priorities and plans for addressing those priorities. As with any planning tool, it must be a living document that can respond to changing information and circumstances. The Plan opens up a long-term dialogue about water resource issues in west-central Florida. Future updates of the Plan will reflect the success we’ve had, the lessons we’ve learned and new information acquired.

DRAFT

Message from the Executive Director

West-central Florida is exploding with growth. The District's population is expected to be 5.8 million by 2025 -- a 45 percent increase from 2000. Growth and development can strain our water resources, not only the water supply, but also potentially causing flooding and pollution. More than half of our District is in a water use caution area where resources are stressed.

The good news is that the District is addressing these water resource issues. Thanks to clear and consistent direction from our Governing Board, and the dedication of our capable staff, we are moving forward with solutions that will restore and protect the environment, provide a sustainable water supply, and reduce the risks of flooding.

In the Southern and Northern Tampa Bay water use caution areas, we are reducing groundwater pumping, implementing water resource restoration projects, and developing alternative supplies to ensure sustainable sources of water. Throughout the District we are working with the Federal Emergency Management Agency to develop better floodplain information so that residents have reliable information on flood risks. Through our regulatory and land acquisition programs we are protecting wetlands, floodplain and recharge areas. District engineers are working with local governments to develop watershed management plans. District scientists are researching, protecting and restoring priority water bodies.

We also continue to improve our information technology systems to increase our efficiency and services by promoting easier access and sharing of information.

These are just a few of the many water management activities at the District. The key to our success will be our ability to coordinate and track these multiple projects to assure the best use of our resources and the accomplishment of our goals.

This strategic plan pulls together information from diverse sources, identifies long-term problems and available resources, and charts a course for the District. This plan serves as a touchstone, a constant reminder of what we want to achieve.

District Strategic Priorities The District has numerous programs and activities to accomplish its statutory mandates. Within the confines of these statutory mandates, the Governing Board has identified nine strategic priorities. The following pages include information on each priority, including background, goals, strategies, success indicators, funding sources and project deliverables/milestones.

STRATEGIC PRIORITIES

Meet Present and Future Water Supply Needs Through:

Regional Water Supply Planning Ensure that all existing and future reasonable-beneficial water supply needs within the District are met while protecting water resources and related natural systems. This will be accomplished by maintaining the District's financial incentives for the development of sustainable alternative supplies, encouraging and where necessary requiring conservation, and implementing various water resource development and restoration projects.

Northern Tampa Bay Resource Recovery and Development Continue implementation of the Partnership Agreement to restore lakes, wetlands and related water-dependent ecosystems impacted by historic groundwater withdrawals while concurrently developing sustainable alternative supplies to offset groundwater withdrawal reductions and meet growing water demands. Implement the Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project as the next major source of supply for the Northern Tampa Bay region.

Southern Water Use Caution Area (SWUCA) Resource Recovery and Development Continue implementation of alternative water supply development projects with partners throughout the SWUCA, including cooperative efforts with the agricultural sector through the FARMS program, and restoration projects in the Upper Peace River and Myakka River watersheds, to meet growing water needs and achieve recovery to minimum flows and levels.

Establish Minimum Flows and Levels Aggressively pursue the establishment of minimum flows and levels for priority water bodies throughout the District, including voluntary scientific peer review to ensure sound science forms the basis for water management decision-making.

Manage Watersheds Comprehensively Manage water resources within the District’s eleven major watersheds in an integrated, comprehensive manner in conjunction with local governments and other stakeholders. Set water resource management priorities based upon the specific needs within each watershed, including flood protection, protection of water quality and natural systems and, where appropriate, water supply.

Provide Flood Protection and Emergency Management Minimize flood damage by optimizing and maintaining storage and conveyance in natural and built systems, and by encouraging appropriate locations and design standards for growth. This will be accomplished through cooperative efforts with local governments, updating flood zone maps, maintenance of necessary structural facilities, acquisition of lands, and appropriate regulations.

Manage Water and Related Natural Resources Through Regulation Continue to effectively protect and manage water and related natural resources through the Water Use, Environmental Resource and Well Construction permitting programs. Ensure compliance with the District's regulatory programs.

Provide Stewardship of Public Lands Acquire and manage public lands to maximize water and related natural resource management benefits while providing public access and recreational opportunities.

Ensure Essential Support to Carryout the District's Mission Seek to create a culture dedicated to continuous improvement while effectively and efficiently providing the resources and assistance necessary to achieve the District's mission. Doing things better, faster and more cost effectively is the District's corporate business model.

Meeting Present and Future Water Supply Needs – Regional Water Supply Planning

Program/Priority Description The District has proactively undertaken regional water supply planning to ensure that growing public supply water needs and the water needs of industry, agriculture and other use sectors can be met while at the same time protecting natural systems. The District's population is projected to increase to nearly 5.8 million by the year 2025, representing a 45 percent increase from 2000 and new demands for water.

For over three decades the District has been conducting long-range water supply planning. The most recent of these efforts is the 2001 Regional Water Supply Plan (RWSP), currently being updated with a scheduled completion date of July 2006. The RWSP encompasses a 10-county area where existing groundwater withdrawals are causing impacts to water and related natural resources. New sources will come primarily from alternatives to ground water, including surface water, reclaimed water, desalination and conservation. The RWSP identifies current and future needs and water supply sources. The District is also addressing the long-range water supply needs of the northern six counties through a variety of investigative and resource development projects.

In partnership with other governments and utilities, the District contributes funding to develop new water sources in a timely and sustainable manner. District funding mechanisms include a variety of programs and sources for water supply and resource development, collectively referred to as the "Financial Engine." In addition, the District anticipates receiving $25 million in fiscal year 2006 and $15 million in each of the subsequent nine years from the state’s newly created Water Protection and Sustainability Trust Fund. These funds will be provided to local governments and other applicants for the development of alternative water supply development projects. This same legislation also amends the state's growth management laws to enhance coordination and consistency between the District's RWSP and local government comprehensive plans.

Goal Statement To ensure sufficient, sustainable supplies of water to meet all existing and future reasonable beneficial needs while protecting natural systems.

Strategies Complete RWSP update by July 2006 Update "Financial Engine" to ensure funding for alternative water supply development through 2025 Provide technical assistance to local governments in updating comprehensive plans and preparing 10-year water supply work plans Seek further partnerships with public supply, agriculture, industry and other water users Complete Northern District Water Resource Assessment Project by 2010 Complete Marion County Water Resource Assessment and Management Study by 2006 Complete Water Planning Alliance (PR/MRWSA area) and Heartland Water Alliance studies Complete Polk County Facilitated Water Supply Planning Project by 2007 Continued participation in Conserve Florida initiative

Success Indicators RWSP updated by July 2006 and subsequently at least every five years Implementation of alternative water supply projects recommended in RWSP Enhanced water use efficiencies in all water use sectors Achieving a regional 75 percent utilization rate and 75 percent offset rate for reclaimed water Completion of Northern District Water Resource Assessment Project by 2010 and implementation of recommendations Completion of Marion County Water Resource Assessment and Management Study by 2006 and implementation of recommendations Completion of Water Planning Alliance (PR/MRWSA area) and Heartland Water Alliance studies by 2006 and implementation of recommendations Completion of Polk County Facilitated Water Supply Planning Project by 2007 and implementation of recommendations Adequate funds allocated when needed and spent by 2010 as planned in Financial engine to be updated at least every five years

Funding Sources District ad valorem taxes, including New Water Sources Initiative, Water Supply and Resource Development Program and Basin Boards' Cooperative Funding Program Florida Forever Funds State Water Protection and Sustainability Trust Fund Florida Department of Agriculture and Consumer Services Federal funds Matching funds from local cooperators Deliverables and Milestones

Program / Strategy 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 RWSP Complete Update Update Update by RWSP July Maintain Tampa Bay Partnership Financial Continue Financial Engine Funding Engine Support Alternative Water Supply Development Throughout Region Completed Provide Participate in Provide Provide Local DCA Growth technical technical Government Management assistance to assistance Technical Workshops local to local governments governments Assistance to update to update comprehensive comp plans plans considering considering the the RWSP RWSP Seek Conti nuing Partnerships Northern Complete District Northern WRAP District WRAP Marion Complete Initiate County Marion implementation WRAP County of WRAP recommended projects Polk County Complete Polk Initiate Facilitated County Water implementation Water Supply of Supply Planning recommended Project projects Planning

Meeting Present and Future Water Supply Needs – Northern Tampa Bay Resource Recovery and Development

Program/Priority Description The District is implementing a recovery strategy that restores lakes and wetlands impacted by wellfield withdrawals in the Northern Tampa Bay area by reducing pumping from regional well fields (from 158 to 90 million gallons per day) and developing alternative water supplies to offset reductions and meet growing demands for water. The key to this strategy is the 1998 Partnership Agreement between the District and Tampa Bay Water that calls for the District to contribute up to $183 million in matching funds to develop sustainable, alternative supplies. The development of these alternative supplies is either completed (enhanced surface water project) or well under way (the seawater desalination plant presently undergoing remediation) such that groundwater withdrawals have already been significantly reduced. The Partnership Agreement also calls for the District Basin Boards in the Northern Tampa Bay area to continue funding conservation and reuse projects at not less than $9 million per year or $90 million in total.

This development of new water supply, conservation and favorable weather conditions have enabled Tampa Bay Water to meet pumpage reductions at the 11 Northern Tampa Bay well fields, required by the Consolidated Permit, ahead of schedule. Cumulative impact analysis, similar to that already developed for the Southern Water Use Caution Area, will be developed to better understand resource trends and how all activities affect recovery.

The Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project is another innovative partnership that will significantly increase the overall efficiency of reclaimed water use in the Tampa Bay region. Involving the District, Tampa Bay Water, Pasco and Hillsborough counties, and the City of Tampa, the project will use reclaimed water from Tampa's main wastewater treatment plant for residential and commercial irrigation to reduce demand for potable water, to augment flows in the Hillsborough River and to restore natural systems in the river watersheds impacted by groundwater withdrawals. The project will also create a storage system to capture reclaimed water during low demand periods for use during drier times, increasing the amount of potable water that can be saved.

Goal Statement Restore lakes, wetlands and related water-dependent ecosystems impacted by historic groundwater withdrawals while concurrently developing sustainable alternative supplies to offset reductions in groundwater withdrawals and meet growing water demands. Strategies Continued implementation of Partnership Agreement and Consolidated Permit Implement other restoration activities o Interconnect Starkey well field in Pasco to regional system o Move excess wet season flows from flow-through lakes to chronically stressed lakes Develop and apply cumulative impact analysis tool Implement Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project Reevaluate adopted Minimum Flows and Levels (MFLs)

Success Indicators Development of sustainable alternative supplies sufficient to meet growing water demands and offset reductions in groundwater withdrawals o Completion of remaining Partnership Agreement projects, including regional reservoir becoming operational, completion of seawater desalination facility remediation and full interconnection of regional sources o Initiation of implementation of Tampa Bay Regional Reclaimed Water and Downstream Augmentation Project Continued reduction in regional wellfield withdrawals, with a maximum of 90 mgd by 2008 Full implementation of other "tools in the toolbox" for achieving recovery (e.g., rectifying past drainage impacting lakes and wetlands, augmentation of impacted water resources, etc.) Development of cumulative impact analysis model Recovery of actual flows and levels to adopted minimums Reevaluation of adopted MFLs in area by end of 2010 Renewed Consolidated Permit in 2011

Funding Sources (embodied in the Financial Engine through 2025) District ad valorem taxes, including New Water Sources Initiative, Water Supply and Resource Development Program and Basin Boards' Cooperative Funding Program Florida Forever State Water Protection and Sustainability Trust Fund State appropriations Federal funds Matching funds from local cooperators Deliverables and Milestones

Program / Strategy 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Partnership Final Consolidated Agreement funding; Permit 90 mgd Renewed maximum from

central wellfield system Seawater desal project Complete remediation Cumulative Impact Complete model Analysis Regional Reclaimed Complete project Project Interconnection of the Starkey Complete project property Lake Design & Enhancement Permit Construction Project

Re-Evaluation MFLs of MFLs adopted in association with recovery strategy reevaluated

Meeting Present and Future Water Supply Needs – Southern Water Use Caution Area (SWUCA)

Program/Priority Description The SWUCA encompasses approximately 5,100 square miles including all or part of eight counties in the southern portion of the District. Existing groundwater withdrawals from nearly 6,000 water use permits are causing saltwater intrusion into the aquifer, lowered flows in the Upper Peace River and lowered lake levels along the Lake Wales Ridge. In most cases, actual flows and levels are below minimums proposed by the District’s Minimum Flows and Levels Program. The District's Recovery Strategy for the area calls for the development of alternative water supplies (surface water, reclaimed water, conservation, etc.) to meet growing water needs and to offset reductions in existing groundwater withdrawals, and the implementation of various restoration projects.

Alternative water supply development projects have been identified through coordinated regional water supply planning efforts with local governments and others in the area. The Water Planning Alliance encompasses Charlotte, DeSoto, Manatee and Sarasota counties, eight municipalities and the Englewood Water District. The Heartland Water Alliance encompasses DeSoto, Hardee, Highlands and Polk counties. Key components are the expansion of the Peace River/Manasota Regional Water Supply Authority's Peace River facilities, expanded storage of an off-stream reservoir and interconnection among the authority, its member governments and others. Numerous other alternative supply projects are under way or planned throughout the SWUCA.

The District has also worked with the agricultural community to address the unique water needs of the largest water use sector in the SWUCA. The Facilitating Agricultural Resource Management Systems (FARMS) Program is a cost-share reimbursement program with the agricultural community for projects that promote tailwater recovery and/or surface water use, while reducing groundwater withdrawals. FARMS is a public/private partnership developed by the District and the Florida Department of Agriculture and Consumer Services.

Peace River and Myakka River Watersheds Restoration Initiative projects will provide a cost-effective means of restoring minimum flows to the Upper Peace River, slowing saltwater intrusion and allowing ground water to continue to be a significant source of water supply for urban, agricultural and industrial users in the area. This initiative includes the Lake Hancock Lake Level Modification Project and the Lake Hancock Outfall Treatment Project. The Lake Level Modification Project will store water by raising the control elevation of the existing outflow structure on Lake Hancock and slowly releasing the water during the dry season to help meet the minimum flow requirements in the Upper Peace River between Bartow and Zolfo Springs. The Outfall Treatment Project will improve water quality discharging from Lake Hancock to improve water quality throughout the entire Peace River and to protect Charlotte Harbor.

Goal Statement Restore actual flows and levels to their adopted minimums by 2025 and ensure adequate water supplies for all reasonable and beneficial water uses.

Strategies Complete SWUCA Recovery Strategy and associated rule revisions Implement water resource development and restoration projects recommended in the SWUCA Recovery Strategy o Upper Peace River watershed restoration projects o Alternative water supply development projects o FARMS Program Implement reductions in existing groundwater withdrawals as water resource development and restoration projects are brought online Monitor resource trends to ensure recovery, including Cumulative Impact Analysis

Success Indicators Governing Board acceptance of SWUCA Recovery Strategy Governing Board approval to publish SWUCA II rule revisions Implementation of Upper Peace River restoration projects Implementation of alternative water supply development projects Implementation of FARMS Program projects Reductions in permitted groundwater withdrawals Maintaining recovery trends and attainment of MFLs

Funding Sources District ad valorem taxes, including New Water Sources Initiative, Water Resource and Supply Development Program and Basin Boards' Cooperative Funding Program Florida Forever State appropriations State Water Protection and Sustainability Trust Fund Florida Department of Agriculture and Consumer Services Federal funds Matching funds from local cooperators Deliverables and Milestones

Program / Strategy 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 SWUCA Complete SWUCA Recovery Strategy & rules Upper Peace Implement River Upper projects Peace River restoration projects Myakka Implement River Myakka projects River restoration projects Alternative Water Supply Continuous Development Projects FARMS Program Continuous

Recovery Monitoring & Continuous Reporting

Establishment of Minimum Flows and Levels

Program/Priority Description The District's Minimum Flows and Levels (MFL) program is a vital component in assuring permitted water withdrawals do not cause significant harm to water resources or the environment. The District is legislatively charged with establishing MFLs for priority water bodies, with the focus on those experiencing or expected to experience significant harm within the next 20 years. A minimum flow or level is the limit at which further withdrawals would be significantly harmful to the water resources or ecology of an area. Minimum flows are used for rivers and streams, while minimum levels are set for lakes, wetlands and aquifers. The District voluntarily utilizes independent scientific peer review as an essential component of its MFL establishment process.

The District MFL program has made substantial progress, establishing more than 120 MFLs for key water bodies. Additionally, the Governing Board has tentatively approved proposed minimum flows for the Upper Peace River and minimum levels for 8 lakes and 10 wells designed to address saltwater intrusion in the Southern Water Use Caution Area. Most work to date has addressed priority water bodies in Water Use Caution Areas where withdrawals have already resulted in significant harm. Significant data collection and analysis is also under way for priority water bodies outside the Water Use Caution Areas in anticipation of establishing MFLs. These water bodies include priority lakes, every major river system and all first-magnitude springs and second-magnitude springs on state-owned preservation lands. The District has realigned its existing staff and financial resources to expedite establishing MFLs on various water bodies considered potential supply sources.

As part of the MFL program, the District also establishes guidance levels for lakes to identify a healthy fluctuation range for each lake. Guidance levels have been adopted on nearly 400 lakes. These levels are used in the operation of lake level structures and can be used by local governments in guiding adjacent growth and development.

Goal Statement Establishment of minimum flows and levels for priority water bodies consistent with the District's priority list and schedule and incorporate the use of MFLs in the water use permitting process

Strategies Update priority list and schedule annually Establish waterbody-specific MFLs through: o Data collection o Data analysis and reporting o Independent scientific peer review o Develop associated recovery and prevention strategy (as necessary) o Rule adoption Incorporate MFLs in District water use permitting application review process

Success Indicators Adoption of MFLs consistent with priority list and schedule Percentage of applicable water use permits analyzed for MFL impacts Monitoring actual flows and levels to ensure MFLs are achieved and maintained

Funding Sources District ad valorem taxes Deliverables and Milestones

Minimum Flows and Levels Priority List and Schedule 2006 2007 2008 2009 2010 2011-2018 1 Citrus 5 Highlands Chassahowitzka Homosassa Crystal Brooker Creek County lake County lakes River River River 9 Pasco 3 Chassahowitzka Homosassa Kings Lower County lakes Hillsborough Springs (4 Spring Bay Withlacoochee County lakes springs) Spring River (includes Ryles Spring) 7 Polk County Anclote River Blind Springs Upper Gum Pithlachascotee lakes Withlacoochee Springs River River (Green Group Swamp) Sulphur Cow Pen Rainbow Middle Hidden Upper Peace Springs, Slough/Canal Springs Withlacoochee River River - middle Tampa (includes River Springs and high Bypass Bubbling and 1 and 2 minimum flows Canal, Lower Waterfall Hillsborough springs) River Alafia River Little Northern Highlands and Estuary (2 Manatee Tampa Polk counties – springs) River Bay – surficial aquifer Phase II Lower Manatee SWUCA – Myakka River River Phase II Lower Peace River Braden River

Upper Hillsborough River (1 spring) Weekiwachee River Weekiwachee Spring (4 springs)

Comprehensive Watershed Management

Program/Priority Description A watershed is an area of land that water flows across as it moves toward a common body of water, such as a stream, river, lake or coast. The District's Comprehensive Watershed Management (CWM) initiative recognizes the need to manage water resources by evaluating how various systems and activities interconnect within each watershed. The District has identified 11 major CWM watersheds. Each has an associated watershed team and a management plan that is updated on a regular basis.

CWM brings together land and water resource planning to achieve a coordinated approach to watershed management using a science-based approach, including the application of Geographic Information System (GIS) technology and other modeling tools within each watershed. The District partners with local governments and other interested organizations, citizens and stakeholders to develop strategies that identify needed watershed improvements and protections. Local governments have the greatest influence over future growth through their comprehensive plans and associated land development regulations. Partnering with local governments is essential to a successful water management program, including active participation in issue identification, development of preventative or remedial strategies and achieving coordinated implementation. The process provides an ongoing review of the needs within each watershed. There are four primary goals for the CWM program: to identify and prioritize existing and potential water resource issues; to develop strategies for remedial or protective actions to address those issues; to implement the strategies; and to monitor their effectiveness.

Several major District initiatives are related to the CWM initiative. A prime example is the District's Watershed Management Program (WMP), a cooperative effort with local governments to identify priority watersheds, develop data and watershed models, address existing flooding and water quality problems, and prevent future problems as growth and development continue. The District is a Cooperating Technical Partner with the Federal Emergency Management Agency (FEMA), which results in federal funding to aid local governments in modernizing obsolete floodplain maps and maintaining the updated maps. Another key CWM-related program is the Surface Water Improvement and Management (SWIM) program, through which the District leverages state, local and other funds to restore natural systems and water quality in priority estuaries, rivers and lakes. Additional efforts to monitor, enhance and maintain the quantity and quality of surface and groundwater resources include the Ridge Lakes Initiative in Polk and Highlands counties, and the Springs Initiative and Lake Panasoffkee restoration in the northern part of the District.

Goal Statement To manage water and related natural resources within each watershed in the District in a comprehensive, integrated manner in cooperation with local governments and other public and private stakeholders.

Strategies Update CWM plans approximately every five years Enter into Watershed Management Program Coordination Agreements with additional counties in District Update SWIM plans on schedule Implement SWIM plans in coordination with others Complete Lake Panasoffkee restoration

Success Indicators CWM plans updated on a timely basis Number of WMP projects funded and completed SWIM plans updated on a timely basis Implementation of SWIM projects Completion of Lake Panasoffkee restoration

Funding Sources District ad valorem taxes State appropriations Water Protection and Sustainability Trust Funds FEMA funding Local government matching funds

Deliverables and Milestones

Program / Strategy 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Update CWM Plans Alafia River Update Update Plan Plan Hillsborough Update Update River Plan Plan Lake Wales Update Update Ridge Plan Plan Little Manatee Update Update River Plan Plan Manatee River Update Update Plan Plan Myakka River Update Update Plan Plan Peace River Update Update Plan Plan Southern Update Update Coastal Plan Plan Springs Coast Update Update Plan Plan Tampa Bay / Update Update Anclote River Plan Plan Withlacoochee Update Update River Plan Plan DFIRM Hernando, Citrus, Charlotte, Manatee, Production Pasco, DeSoto, Marion Pinellas Sarasota Hardee, (update), Highlands, Levy, Polk Sumter DFIRM Prelim Marion Hernando, DeSoto, Citrus, Charlotte, Manatee, & Post-Prelim Pasco, Hardee, Highlands Levy, Pinellas Processing Sarasota, Polk Marion, Sumter Lake Complete restoration Panasoffkee

Flood Protection and Emergency Management

Program/Priority Description The District was originally established as a flood control agency, and this remains an important role for the District. Although today’s primary approach to providing flood protection is through nonstructural means, the District is responsible for the maintenance and operation of 79 flood protection, salinity control and water conservation structures, and four drainage canals. Extensive areas of the District are dependent upon the continuous maintenance and operation of these flood protection facilities.

The Tampa Bypass Canal is the largest and most visible of the District's flood protection facilities. This system of detention areas, structures and canals stores and diverts floodwaters, and prevents flood damage along the lower Hillsborough River in the cities of Tampa and Temple Terrace.

In addition to operating structures, the District responds to flooding events by providing support and information to local and state governments, the media and the public. During large-scale emergencies such as hurricanes, the District's Emergency Operations Center (EOC) is staffed up to 24 hours a day to monitor water levels, direct field crews and provide up-to-the-minute information.

The District uses its Supervisory Control and Data Acquisition (SCADA) system to collect critical, up-to-the-minute rainfall and water levels information that is shared with the National Weather Service, State Emergency Operation Center, U.S. Army Corps of Engineers, news media, local governments and agricultural organizations. The SCADA system also allows the District to remotely control structures, enabling a quick and safe response to changing conditions.

The four hurricane events of 2004 that caused significant damage throughout the District prompted the agency to conduct a comprehensive review of its emergency preparedness and response capabilities, resulting in changes to emergency planning and response procedures, staff resources, equipment and facilities. The District is now compliant with the National Incident Management System (NIMS).

District flood investigation teams assist local governments with emergency construction authorization and determining solutions to flooding problems. Examples of typical projects include emergency pumping, installing stormwater culverts, constructing temporary outfall ditches and removing excess sediments in swales, ditches, creeks and streams.

The District is also a Cooperating Technical Partner with the Federal Emergency Management Agency (FEMA) to modernize flood insurance rate maps and to convert these maps to a digital format.

Goal Statement Minimize flood damage by optimizing and maintaining storage and conveyance in natural and built systems, and by encouraging appropriate locations and design standards for growth.

Strategies Continue to evaluate and implement emergency preparedness and response enhancements Maintain existing flood protection facilities Expand SCADA system, including ability to operate additional structures by remote control Implement Watershed Management Program (WMP) in cooperation with local governments Implement NIMS Acquire additional lands to protect natural conveyance and storage functions

Success Indicators Continued maintenance of flood protection facilities Implementation of major structure rehabilitations Execution of WMP Coordination agreements with local governments Achieving compliance with NIMS Expanded data collection/operational capability through SCADA Acquisition of additional lands for flood storage and conveyance

Funding Sources District ad valorem taxes FEMA Map Modernization funds FEMA pre- and post-disaster mitigation funding Florida Forever Local matching funds for cooperative projects Deliverables and Milestones

Program / Strategy 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Maintain flood protection facilities Ongoing Major structure maintenance/rehabilitation Medard structure Re-armament multi-year funding and implementation

Tampa Bypass Canal Secondar y drainage system rehab Channel A Major gate maintenance Manatee protect

Lake Tarpon Outfall Canal Erosion stabilization & culvert repair Emergency preparedness & response Implement recommended improvements

Land Acquisition Ongoing

SCADA enhancements Ongoing

Resource Management Through Regulation

Program/Priority Description The District is statutorily required to implement a number of regulatory programs, including the Water Use Permitting (WUP), Well Construction Permitting and Environmental Resource Permitting (ERP) programs. District permitting benefits residents, property owners and businesses by reducing the risk of flooding and protecting natural resources, water quality and water supplies for current and future generations.

The WUP program is intended to ensure that all regulated water uses are reasonable-beneficial, in the public interest and do not interfere with existing legal users. There are over 8,500 water use permits issued within the District, with an average of over 700 combined new and renewal WUPs being issued each year.

The Well Construction Permitting program is intended to ensure that the construction and abandonment of wells does not jeopardize the quantity or quality of groundwater resources. There are currently over 368,000 well construction permits issued within the District, with more than 11,000 new permits issued each year.

The ERP program is intended to provide reasonable assurance that construction, alteration, or abandonment of systems – including any dredging or filling of wetlands – does not cause adverse water quality, quantity or environmental impacts. To date, more than 44,000 ERPs have been issued within the District; approximately 3,000 ERPs are issued each year.

The District participates in several special permitting programs to protect the water resources while also providing quality service to permit applicants. For example, through the Agricultural Ground and Surface Water Management (AGSWM) program, the District created “Ag teams” to assist agricultural operations with the permitting process. The teams conduct field visits to help tailor conservation management plans for individual farms, explore potential permitting exemptions and help facilitate permit review. The District also funds extensive research and demonstration projects for improved water resource utilization and management in farming practices.

Through the Florida Department of Transportation (FDOT) wetland mitigation program, the District is able to consolidate mitigation for wetland impacts from road construction into large-scale projects that provide significantly more environmental and water resource benefits than multiple smaller mitigation projects. The Efficient Transportation Decision Making program is another District – FDOT initiative that fosters better resource management and allocations via early involvement and commentary during the initial planning stages of future roadway projects. Development of the Water Management Information System will lead to further automation of the District's regulatory functions and will enhance efficiencies. The District is investing $14 million and significant staff time to implement these enhancements through 2010.

Goal Statement Provide timely and appropriate regulatory decisions to effectively manage water and water related resources for the people.

Strategies Continue to implement the Water Use, Environmental Resource and Well Construction permitting programs Continue to ensure compliance with the District's regulatory programs Continue to implement efficiency measures, such as online "e"-permitting and alignment of District resources to those regulated activities that pose the greatest risk

Success Indicators Timely evaluation and review of permit applications consistent with adopted rules and criteria Timely and appropriate response to detected compliance issues Timely responses and decisions regarding citizen inquiries

Funding Sources District ad valorem taxes Permit fees

Deliverables and Milestones

Program / Strategy 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Implement Water Use, Well Ongoing Construction and Environmental Resource Permitting Program Decisions Enhance District WUP, Well ERP and Construction Sovereign Technological and Resource Submerged Tools (Water System Data Lands Maintenance Management 10/05 – 08/07 08/07 – Information 02/09 System System) refinements and additional compliance reports 02/09 – 10/09

Achieve greater WUP and ERP and efficiencies Well Sovereign Perpetual Monitoring and services Construction Submerged Business Lands and by modifying Improvement business Processes Business 10/05 – 08/07 Processes processes as 08/07 – technological 02/09 advances are made

Land Stewardship

Program/Priority Description Land acquisition and management contribute significantly to achieving primary goals within each of the District’s areas of responsibility. Acquisitions fulfill a variety of needs such as reducing the risk of flooding, protecting and improving water quality, developing water supplies, protecting recharge areas and restoring and protecting uplands and wetlands. These lands help to preserve natural Florida for the enjoyment of future generations, particularly as more and more of Florida is developed. To date, the District has protected approximately 417,000 acres of land. The District maximizes opportunities to purchase lands that meet multiple purposes, including natural systems restoration, water resource development and implementation of minimum flows and levels recovery strategies. The state’s Florida Forever program is authorized through the year 2010 and, as envisioned, will provide the District approximately $26 million per year for land acquisition, and water resource and supply development projects.

The District utilizes two acquisition methods: fee simple and less-than-fee simple. Fee simple is the outright purchase of property. Through less-than-fee simple techniques, the District acquires the right to conserve and protect resources on the property at a lesser cost, while keeping the land in private ownership and on the tax rolls. Approximately 327,000 acres have been protected through fee- simple acquisition; roughly 90,000 acres through less-than-fee.

Once property is acquired, the District develops a management plan that identifies land uses that are consistent with why the property was purchased. Land management activities include restoration of previously altered lands; control of exotic plant species and nonnative invasive animal species such as feral hogs; prescribed burning; multiple uses such as silviculture (timber management), cattle grazing and haying that can generate revenues to offset management costs; and development of resource-dependent recreational opportunities. Proposed public recreational activities will be judged by the potential impacts to the resources and the compatibility of competing uses. The District strives to make the public lands under its stewardship available to as broad a range of activities as are consistent with the purposes for which the lands were acquired.

Goal Statement To acquire and manage public lands to maximize water and related natural resource management benefits while providing public access and recreational opportunities.

Strategies Continue land acquisitions pursuant to District's Florida Forever Work Plan Strengthen partnerships to develop new models for land protection in addition to fee and less-than-fee techniques Focus land protection efforts on strategic locations that add value to existing publicly owned assets Evaluate conservation lands for appropriate use and management efforts to facilitate public access without compromising ecological integrity Evaluate public access and use on District lands to serve regional needs Restore natural systems on District lands to enhance water quality and watershed ecosystems Maintain and implement the Ten-Year Natural Systems Restoration Plan Develop District procedure regarding land use and management planning Work with the state, other water management districts and other parties to develop a successor program to Florida Forever

Success Indicators Continued acquisition of lands in support of District's strategic priorities in light of difficult market conditions Percent of outside revenues utilized to accomplish District land protection goals Continued development and implementation of land use and management plans per schedule Number of District lands where public access opportunities and/or existing amenities have been upgraded Percentage of users of District lands that indicate satisfaction of opportunities and facilities Results of land management audits Acres of habitat restored Legislation creating Florida Forever successor program

Funding Sources Water Management Lands Trust Fund (Save Our Rivers) Florida Forever Local government and other acquisition and management partners Deliverables and Milestones

Program / Strategy 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Update Board Governing Policy Board Policy 610-3 610-3 updated Continued Strategic Ongoing Land Acquisition Continued Ongoing Land Management Updating of Land Use Ongoing and Management Plans Florida Legislation Forever Passed Successor Program

Mission Support

Program/Priority Description Mission Support at the District encompasses those departments, sections, functions and activities that address internal business and administrative operations, internal and external communication, and information resources and management functions critical to the overall success of the District.

Workforce Development – Recognizing that its true strength lies in its human capital, the District works to attract, develop and retain diverse, well-qualified staff, providing these employees with the necessary equipment and training to perform their jobs in the most effective and efficient manner.

Strategic Coordination and Communication – The planning, outreach and communication functions of the District facilitate the flow of information among District staff and the District’s constituents - the Governing and Basin Boards, the Governor’s Office, the Legislature, state and local government agencies, the media, community interest groups, students and the general public. The District uses a variety of outreach and education activities to create a continuing dialogue with these constituencies.

Revenue Development and Resource Allocation Planning – Ad valorem property taxes represent 60 percent of the District's revenue. Other funding sources for District programs include regulatory fees, investment income, and funds from federal, state and other local governments. The District maintains an annual operating budget, five-year capital improvements plan and funds a long- term financial strategic plan known as the "Financial Engine." The District also leverages its funds by offering financial incentive programs and partnerships to encourage proper water management and development by local governments and other public and private entities. Since the late 1980s, District financial incentives to guide recovery of the water resources and sustainable development total in excess of $800 million, matched by a similar dollar amount by cooperators.

Data and Information Technology and Management – The District is widely recognized as the primary agency involved in the collection, management and analysis of water resource data in southwest Florida. The Water Management Information System (WMIS), currently under development, will integrate District scientific, regulatory and financial data from a single user-interface so both internal and external customers can view and analyze District data. The WMIS will also provide a comprehensive e-Permitting solution that will enable citizen stakeholders to obtain and pay for required permits via the Internet. The Land Resources Information System (LaRIS), currently under development, will use the same application foundations as WMIS, but will provide easy access to comprehensive information for each of the District properties. Infrastructure Management – To achieve District goals, it is critical that staff be provided an efficient workspace, reliable transportation and equipment, and access to District records and information in a timely manner. The District updates its five-year capital improvement plan and budget on an annual basis to ensure appropriate facilities support to all District functions.

Goal Statement Seek to create a culture dedicated to continuous improvement while effectively and efficiently providing the resources and assistance necessary to achieve the District's mission to manage and protect water and related natural resources. Doing things better, faster and more cost effectively is the District's corporate business model.

Strategies Use outreach efforts to attract a diverse workforce Provide training opportunities to foster career development and employee retention Use outreach efforts to stress District responsibilities and activities, the interrelationship between Florida water resources and Florida living, and citizen and community roles in protecting and preserving water resources Remain fiscally responsible and fund the Financial Engine to ensure needed water resource projects can be implemented on time Continue development of nimble information systems that integrate data and increase productivity Annually review, plan for, develop and maintain adequate infrastructure Maintain adequate system of internal controls to ensure the integrity of financial systems and accuracy of data Provide policy guidance and agency direction

Success Indicators Knowledge, skills, abilities and diversity of workforce Informed stakeholders involved in water management decisions Accurate data and technology available to support management decisions Adequate financial resources to implement resource management programs in a timely manner without tax increases or debt Safe and secure facilities and equipment meeting the organization's operational needs

Funding Sources District ad valorem taxes, dedicated reserves and interest on investments Federal, state and local funding sources Water Management Lands Trust Fund (LaRIS) Public and private partnerships Permit fees Deliverables and Milestones

Program / Strategy 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Water Water Use and Water Use and Environmental Compliance Begin Integration Management Well Construction Well Construction Resource processing. with Financial Information Permit functions Permit functions Permit Systems System and Resource and Resource functions Data Access Data Access Land Initial release for Initial release for Initial release Final release Begin integration Resources Land Land Acquisition for of LaRIS with Financial and Information Management/Use Sections Administration Electronic System Sections Function Document Systems Workforce 1 2 3 4 Development Business Complete Implement Implement Evaluate Evaluate Support implementation of enhancements to new budgeting vendor self- Financial, Human ADVANTAGE financial software. software. service Resources/Payroll, financial Evaluate software Evaluate software. and budgeting software. Begin for project/grant effectiveness Complete software for implementation of accounting. and efficiency implementation upgrade. Human Complete of contracting of budgeting Resources implementation of process and software. /Payroll software. Human project Evaluate Evaluate Resources/Payroll manager Financial and workflow and software. training, and Human automated Implement implement Resources processing for workflow and improvements. software for contracting. automated upgrade. processing for contracting.

1. Evaluate management and leadership development programs. Implement Employee Self Service Portal, beginning with online benefits enrollment component. Begin pilot project for staffing planning with selected departments. 2. Begin implementation of management and leadership development programs. Enhance Employee Portal to include individual self- service functions. Evaluate results of staffing planning pilot project and, as appropriate, expand to additional departments. 3. Initiate enhancements to Employee Portal to allow for Manager Self-Service, providing key employee information to managers at their desktop. Continue implementation of staffing planning. 4. Complete implementation of Manager Self-Service. Fully integrate District-wide staffing planning. Governing Board Meeting November 30 - December 1, 2005

Committee Reports

95. Regulation Committee (Tab A)

96. Resource Management and Development Committee (Tab B)

97. Finance and Administration Committee (Tab C)

98. Outreach and Planning Committee (Tab D)

Governing Board Meeting November 30 - December 1, 2005

Chair's Agenda

99. DEP/WMDs Chairs and Executive Directors Quarterly Meeting Overview ...... 2

100. Advisory Committee Liaison Reports – Agriculture and Green Industry ...... 2

101. Performance Evaluations of the Executive Director, General Counsel and Inspector General ...... 2

102. Events Attendance ...... 3

103. Other Items ...... 3 Chairman’s Agenda Summary - 2 - November 30-December 1, 2005

99. DEP/WMDs Chairs and Executive Directors Quarterly Meeting Overview

100. Advisory Committee Liaison Reports – Agriculture and Green Industry

101. Performance Evaluations of the Executive Director, General Counsel and Inspector General

Purpose Governing Board Members received their performance appraisal packets at the October 2005 Board Meeting and have submitted their performance comments and recommendations for improvement and professional development. These have been incorporated into draft 2005 performance appraisals for the Executive Director, General Counsel and Inspector General. Board members also received and reviewed the proposed 2006 Goals and Objectives for the Executive Director, General Counsel and Inspector General. This agenda item is to allow Governing Board members to:

(1) Review and discuss these draft appraisals, make edits agreed to by the majority of the Board and approve the final appraisals; and

(2) Discuss the proposed 2006 Goals & Objectives, make edits agreed to by the majority of the Board and approve these Goals & Objectives.

Background Board Policy No. 710-2 governs the performance evaluation process for the Executive Director, General Counsel and Inspector General. At its September 27, 2005 meeting, the Board approved the proposed performance appraisal schedule and selected the District's Human Resources Director to assist Governing Board members with this process.

In accordance with the Board's policy and approved schedule, the performance appraisal process begins when the Executive Director, General Counsel and Inspector General each submit statements of accomplishments for the past year and proposed performance objectives for the upcoming year to the Governing Board. A packet including these accomplishments, as well as other forms, documents and instructions needed by the Board to complete the performance appraisals, were provided to each Board member at their October 2005 meeting for their review and use.

Upon receiving the performance review packets, Governing Board members independently completed separate Performance Evaluation Forms for the Executive Director, General Counsel and Inspector General reflecting that Board member's assessment of the employee's performance for the year. The forms also reflected any recommendations for improvement and professional development ("recommendations") suggested by Board members.

The Human Resources Director combined the individual Performance Evaluation Forms submitted by Board members into a single, draft performance appraisal for each employee, following the procedures described in Board Policy No. 710-2.

The Human Resources Director also assembled the recommendations for improvement and professional development submitted by each Board member into a master document that was returned to the Governing Board. Each Board member then independently selected the recommendations s/he would like to have included in the final appraisal. Only those Chairman’s Agenda Summary - 3 - November 30-December 1, 2005

recommendations receiving endorsement from a majority of the Governing Board members were included in the draft performance appraisals.

The draft performance appraisals will be presented to the full Board for review, discussion, editing and final approval at the November 30/December 1, 2005 Board Meeting. At this same meeting, the Board will:

(1) Review, recommend, vote upon and approve any changes to the draft Board performance evaluations reflecting the 2005 performance achievements of the Executive Director, General Counsel and Inspector General;

(2) Review, recommend, vote upon and approve any changes to the draft recommendations for improvement and professional development for these employees;

(3) Review recommend, vote upon and approve any changes to the 2006 performance goals and objectives for these employees;

(4) Authorize the draft appraisals, recommendations for improvement and professional development and performance goals and objectives to be finalized, incorporating any changes voted for and approved by the Governing Board; and

(5) Authorize the Governing Board Chairman to sign the final, approved appraisals and deliver them to the employees on behalf of the Governing Board.

Benefit/Costs This agenda item provides an opportunity for the Governing Board to ask any questions they may have about the performance evaluation packets or process.

Impact If Not Adopted Not applicable

Staff Recommendation:

1. Approve the 2005 performance appraisals of the Executive Director, General Counsel 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;

3. Approve the 2006 Goals & Objectives for the Executive Director, General Counsel and Inspector General;

Presenter: Elaine M. Kuligofski, Director, Human Resources & Risk Management

102. Events Attendance

103. Other Items Governing Board Meeting December 1, 2005

Discussion Agenda

107. Southern Water Use Caution Area Recovery Strategy ...... 2 Discussion Agenda - 2 - December 1, 2005

107. Southern Water Use Caution Area Recovery Strategy

This item will include a comprehensive review of the overall SWUCA Recovery Strategy, including responding to questions that arose at the October Board meeting. Comments regarding the revised SWUCA rules have been received from the Department of Environmental Protection (DEP), a copy of which is included as an exhibit. It is anticipated that Ms. Janet Llewellyn from DEP will be in attendance to address the Board. Staff will meet with DEP prior to the December meeting and will provide recommendations for addressing the Department’s comments. This meeting will also be an opportunity for members of the public, including SWUCA Work Group members, to address the Board regarding support for, or any concerns about, the overall Recovery Strategy and associated rules.

Staff has issued the Work Order to the District’s economic consultant to prepare the Statement of Estimated Regulatory Costs (SERC) associated with the proposed revised rules. The SERC focuses on the potential economic impacts associated with the rule changes. Staff is also working with the economic consultant to conduct a broader analysis of the overall SWUCA Recovery Strategy, as requested by the Manatee Chamber of Commerce, Water Alternatives Committee and as was discussed at the Board’s October 26, 2004 meeting. The analysis will build upon the SERC and will include all activities outlined in the SWUCA Recovery Strategy. It is anticipated the SERC and additional economic analysis will be available for the Board’s February 2006 meeting.

Staff is also working on updating the SWUCA Recovery Strategy document consistent with the latest changes and anticipates it will also be available at the February meeting.

Staff Recommendation: See Exhibit 107

No action is required this month. Staff will incorporate changes into the rules consistent with the Board's direction, and will return to the Board at the February 2006 meeting with the revised rule, SERC and additional economic analysis.

Presenters: John Heuer, Deputy Executive Director Richard S. Owen, Director, Planning Department