Governing Board Meeting · 2020-05-17 · SWFWMD GOVERNING BOARD AGENDA-2-APRIL 28, 2009 CONSENT AGENDA (TAB B) All matters listed under the Consent Agenda are considered routine

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Weeki Wachee River

Governing Board Meeting

Agendaand

Meeting Information

April 28, 2009

9:00 a.m.

District Headquarters 2379 Broad Street • Brooksville, Florida

(352) 796-7211 • 1-800-423-1476

2379 Broad Street, Brooksville, Florida 34604-6899

(352) 796-7211 or 1-800-423-1476 (FL only)

TDD only 1-800-231-6103 (FL only)

On the Internet at: WaterMatters.org

An Equal Opportunity Employer

The Southwest Florida Water Management District (District) does not discriminate on the basis of disability. This nondiscrimination policy involves every aspect of the District's functions, including access to and participation in the District's programs and activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact the District's Human Resources Director at (352) 796-7211, ext. 4702, or 1-800-423-1476 (FL only), ext. 4702; TDD (FL only) 1-800-231-6103; or email to [email protected].

MEE

TIN

G N

OTI

CE AGENDA

GOVERNING BOARD MEETING

APRIL 28, 2009

9:00 A.M.

All meetings are open to the public.

Viewing of the Board meeting is available at each of the District offices.Public input will be taken only at the Brooksville office.Public input for issues not listed on the published agenda will be heard shortly after the meeting begins.

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

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

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

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

9:00 A.M. CONVENE PUBLIC HEARING AND MEETING (TAB A)

1. Call to Order2. Pledge of Allegiance and Invocation3. Additions/Deletions to Agenda4. Oath of Office for Reappointed Board Member5. Employee Recognition

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

SWFWMD GOVERNING BOARD AGENDA - 2 - APRIL 28, 2009

CONSENT AGENDA (TAB B)All matters listed under the Consent Agenda are considered routine and action will be taken by one motion,second of the motion and approval by the Board. If discussion is requested by a Board member, that item(s) will be deleted from the Consent Agenda and moved to the appropriate Committee or Report for consideration.Regulation Committee -- Environmental Resource Permits

7. ERP No. 43028579.004 - Key West Landings Dock and Dredge – Hillsborough County8. ERP No. 43033020.002 - FDOT - I-75 (SR), South of I-75/I-275 Interchange to South of

SR 56 (SR 56 Northbound Exit Ramp) FD ID 421831-1-52-01 –Hillsborough County

9. ERP No. 43034467.000 - FDOT - State Road 39 (Alexander Street) from North of I-4 to North of Knights-Griffin Road – Hillsborough County

10. ERP No. 43034286.000 - Darby Oaks Borrow Pits – Pasco County11. ERP No. 43022707.002 - Cannon Pit – Polk CountyRegulation Committee -- Water Use Permits12. WUP No. 20010722.005 - Orange-Co, LP/Section 7 Grove – DeSoto County 13. WUP No. 20001912.006 - V & W Farms, Inc. of Delray Beach/V & W Farms, Inc. – Hardee CountyRegulation Committee -- Other14. Governing Board Concurrence with Executive Director’s Issuance of First Modification to

Executive Director Order No. SWF 09-01, Regarding Production from the Peace River/Manasota Regional Water Supply Authority’s Aquifer Storage and Recovery (ASR) Wellfields

15. Governing Board Concurrence with Executive Director's Issuance of Executive Director Order No. SWF 09-011 Relating to Use of Morris Bridge Sink for Augmentation of the Hillsborough River Reservoir

16. Initiate and Approve Rulemaking to Incorporate District Forms into Applicable RulesResource Management Committee17. Appraisal and Purchase/Sale Agreement – Lake Hancock Project, SWF Parcel No. 20-503-204P18. Appraisals, Purchase/Sale Agreement and Resolution Requesting Funds –

Bowlegs Creek/Crooked Lake Project, SWF Parcel No. 20-697-12419. Appraisals, Exchange/Purchase Agreement and Resolution Requesting Funds –

Upper Hillsborough Project, SWF Parcel Nos. 10-400-167 and 10-400-168S20. Lease Agreement with Polk County for the Dredging of Lake Hancock – SWF Parcel

No. 20-503-239X21. Perpetual and Temporary Easements to City of St Petersburg to Relocate a 36-inch Water

Transmission Pipeline – Sawgrass Lake Project, SWF Parcel No. 16-560-138X22. Authorize Submission of Preliminary Flood Insurance Rate Maps for the Spring Hill Lakes/Aripeka

Watershed to the Federal Emergency Management Agency23. Facilitating Agricultural Resource Management Systems (FARMS)

a. T.J. Chastain Neal Road Grove – Charlotte Countyb. WCB Properties, LLC – Manatee Countyc. Gemstone Grove, LLC – Manatee Countyd. Lakeshore Knolls, LLC – Manatee County

24. Surface Water Improvement and Management (SWIM) Programa. Florida Department of Transportation Agreement for the Robles Park Water Quality

Improvement Projectb. Charlotte County Fourth-Grade Field Trip Program

Finance & Administration Committee25. Board Travel26. Budget Transfer Report27. Second Fiscal Year 2009 Budget Amendment28. Water Management Information System (WMIS) Flow Meter Installation Project29. Office of Inspector General

a. Semiannual Performance Report on District Audit Servicesb. Fiscal Year 2009 Audit Plan Amendment


Outreach & Planning Committee30. Updates to Standing Advisory Committee Board Policies General Counsel’s Report31. Consent Order – ERP No. 44025018.000 - Rocky Creek Retirement Properties, Inc.

(Rocky Creek - New Assisted Living Facility) – Hillsborough County 32. Consent Order – WUP No. 20005814.002 - I-4 Land Holding Limited Company –

Hillsborough County 33. Consent Order – Surface Water Activity – Safari Wild, LLC – Polk County34. Final Order – SWFWMD vs. William Going, DOAH Case No. 08-5528 – Pinellas CountyExecutive Director’s Report35. Amend June 24, 2008 Governing Board Meeting Minutes36. Approve March 31, 2009 Governing Board Meeting Minutes

REGULATION COMMITTEE (TAB C)Discussion Items37. Consent Item(s) Moved for Discussion38. Hydrologic Conditions Status Report39. Regional Water Shortage Update40. Modification of Water Shortage Order No. SWF 07-02 and Approve Revised Interagency

Agreement with St. Johns River Water Management District Regarding Year-Round Water Conservation Measures and Water Shortage Orders in Marion County

41. Approve Initiation of Rulemaking to Amend Rules 40D-80.073, and 40D-2.801(5), F.A.C., andBasis of Review for Water Use Permit Applications Sections 4.3.A and 7.3.8 to Implement the Northern Tampa Bay Recovery Strategy

Submit & File Reports – NoneRoutine Reports42. Southern Water Use Caution Area Quantities43. Water Production Summary 44. Public Supply Benchmarks45. Overpumpage Report46. Resource Regulation Significant Initiatives

RESOURCE MANAGEMENT COMMITTEE (TAB D)Discussion Items47. Consent Item(s) Moved for Discussion Submit & File Report 48. Lower Hillsborough River Recovery Strategy Implementation – Annual UpdateRoutine Reports 49. Florida Forever Funding 50. Minimum Flows and Levels 51. Structure Operations 52. Watershed Management Program and Federal Emergency Management Agency Map Modernization 53. Significant Water Supply and Resource Development Projects

FINANCE & ADMINISTRATION COMMITTEE (TAB E)Discussion Items 54. Consent Item(s) Moved for Discussion 55. Annual Employment and Vendor Diversity Report 56. Review Draft Information Resources Five-Year Technology Plan and Computer Sinking Fund

StrategySubmit & File Report 57. Fiscal Year 2010 Budget Update 58. Fiscal Year 2009 Second Quarter Financial Report


Routine Reports 59. Treasurer's Report, Payment Register, and Contingency Reserves 60. Management Services Significant Activities

OUTREACH & PLANNING COMMITTEE (TAB F)Discussion Items 61. Consent Item(s) Moved for Discussion 62. Florida Water StarSM

GENERAL COUNSEL’S REPORT (TAB G)

Gold Certification 63. Legislative UpdateSubmit & File Reports – NoneRoutine Reports 64. Comprehensive Plan Amendment and Related Reviews 65. Development of Regional Impact Reviews 66. Speakers Bureau 67. Significant Activities

Discussion Items 68. Consent Item(s) Moved for DiscussionSubmit & File Reports – None Routine Reports 69. Litigation Report 70. Rulemaking Update

EXECUTIVE DIRECTOR’S REPORT (TAB H) 71. Executive Director’s Report

COMMITTEE/LIAISON REPORTS (TAB H) 72. Industrial Advisory Committee 73. Public Supply Advisory Committee 74. Well Drillers Advisory Committee

CHAIRMAN’S REPORT (TAB H) 75. Chairman’s Report

RECESS PUBLIC HEARING

ANNOUNCEMENTS

Governing Board Meeting and Workshop ScheduleMeeting – Sebring .............................................................................................. May 20, 2009Meeting – Brooksville ......................................................................................... June 23, 2009Meeting – Bartow ............................................................................................... July 28, 2009

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Basin Board Meeting SchedulePinellas-Anclote River – Dunedin ....................................................................... June 3, 2009Alafia River – Tampa .......................................................................................... June 4, 2009Hillsborough River – Tampa ............................................................................... June 4, 2009Peace River – Punta Gorda ............................................................................... June 5, 2009Manasota – Sarasota ......................................................................................... June 10, 2009Coastal Rivers – Brooksville ............................................................................... June 11, 2009Withlacoochee River – Brooksville ..................................................................... June 11, 2009

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Advisory Committee Meeting ScheduleGreen Industry – Tampa .................................................................................... May 28, 2009Agricultural – Tampa .......................................................................................... May 28, 2009Environmental – Tampa ..................................................................................... June 8, 2009Industrial – Tampa ............................................................................................. July 14, 2009Public Supply – Tampa ...................................................................................... July 14, 2009Well Drillers – Tampa ......................................................................................... July 22, 2009

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ADJOURNMENT

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

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

If you wish to address the Board concerning any item listed on the agenda or an issue that does not appear on the agenda, please fill out a speaker's card at the reception desk in the lobby and give it to the recording secretary. Your card will be provided to the Chair who will call on you at the appropriate time during the meeting.When addressing the Board, please step to the podium, adjust the microphone for your comfort, and state your name for the record. 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 District2379 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.

Revised 10/10/2008

GOVERNING BOARD OFFICERS, COMMITTEESAND LIAISONS

Effective June 2008

OFFICERS

Chair Neil Combee

Vice Chair Todd Pressman

Secretary Jennifer E. Closshey

Treasurer Ronald E. Oakley

The full Board serves as the members for each committee.

REGULATION COMMITTEE RESOURCE MANAGEMENT COMMITTEE

Sallie Parks, Chair Hugh M. Gramling, Chair

Bryan K. Beswick, Vice Chair Albert G. Joerger, Vice Chair

Jennifer E. Closshey, Second Vice Chair Douglas B. Tharp, Second Vice Chair

FINANCE AND ADMINISTRATIONCOMMITTEE

OUTREACH AND PLANNINGCOMMITTEE

Ronald E. Oakley, Chair* Maritza Rovira-Forino, Chair

H. Paul Senft, Jr., Vice Chair Judith C. Whitehead, Vice Chair

Todd Pressman, Second Vice Chair Patricia M. Glass, Second Vice Chair *Board policy requires the Governing Board treasurer to chair the Finance and Administration Committee.

STANDING COMMITTEE LIAISONSAgricultural Advisory Committee Hugh M. Gramling

Environmental Advisory Committee Bryan K. Beswick Green Industry Advisory Committee H. Paul Senft, Jr.

Industrial Supply Advisory Committee Jennifer E. Closshey Public Supply Advisory Committee Todd Pressman

Well Drillers Advisory Committee Ronald E. Oakley OTHER LIAISONS

Basin Board Education Committee Maritza Rovira-Forino Basin Board Land Resources Committee Albert G. Joerger

Governing Board Diversity Coordinator Maritza Rovira-Forino Environmental Stewardship Jennifer E. Closshey Strategic Planning Initiative Sallie Parks

Charlotte Harbor National Estuary Program Policy Board Bryan K. Beswick/Rufus Lazzell (Peace River )

Sarasota Bay Estuary Program Policy Board Patricia M. Glass/Jack Bispham (Manasota)

Tampa Bay Estuary Program Policy Board Sallie Parks

Tampa Bay Regional Planning Council Todd Pressman, Primary Maritza Rovira-Forino, Alternate

Museum of Science & Industry (MOSI) Board Maritza Rovira-Forino

A.Public

Hearing

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eeting

Governing Board MeetingApril 28, 2009

9:00 a.m.

�� CONVENE MEETING OF THE GOVERNING BOARD ��AND PUBLIC HEARING

PUBLIC HEARING AND MEETING (TAB A)

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

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

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

4. Oath of Office for Reappointed Board Member ................................................................... 2

5. Employee Recognition ......................................................................................................... 3

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

Items 1 - 4


1. Call to Order

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

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

2. Pledge of Allegiance and Invocation

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

3. Additions/Deletions to Agenda

According to Section 120.525(2), Florida Statutes, additions to the published agenda will only be made for "good cause" as determined by the "person designated to preside." The itemsthat have been added to the agenda were received by the District after publication of the regular agenda. The Board was provided with the information filed and the District staff's analyses of these matters. Staff has determined that action must be taken on these items prior to the next Board meeting.

Therefore, it is the District staff's recommendation that good cause has been demonstrated and should be considered during the Governing Board's meeting.

Staff Recommendation:

Approve the recommended additions and deletions to the published agenda.

Presenter: David L. Moore, Executive Director

4. Oath of Office for Reappointed Board Member

Ms. Jennifer Closshey was reappointed on April 7, 2009 by Governor Crist for a term ending March 1, 2013. Ms. Lou Kavouras, Deputy Executive Director, will administer the Oath of Office.

Item 5


Employee Recognition

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

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

This item provides the Board with the opportunity to personally recognize and thank our dedicated employees who have reached five-year increments in service to the District and those employees who have completed at least 30 years of employment in the Florida Retirement System and are retiring from the District. We have thirteen employees that have achieved longevity milestones for the period of April 1 through April 30, 2009.

Employee Recognition – Service/Retirement

Milestone Employee Name Title Department Office Location

Retirement None for this meeting.

30 Years None for this meeting.

25 Years Jan Kaesemeyer Senior Administrative Assistant General Counsel Brooksville

20 YearsSpring Aikens Administrative Supervisor Finance BrooksvilleEileen Burns-Wilson Senior Project Manager Information Resources BrooksvilleKim Cash Resource Architech Information Resources TampaKerri Meadors Property Administrator Finance Brooksville

15 Years Don Everson Staff Field Technician Operations Brooksville

10 Years

Andy Frazier Master Tradesworker General Serv. BrooksvilleFederico Gordon Desktop Support Specialist 2 Information Resources BrooksvilleFrank Gargano Senior Field Technician Brooksville Reg. BrooksvilleTom Hail Senior Messaging Engineer Information Resources BrooksvilleMehrshad Nourani Sr. Water Conservation Analyst Resource Projects Brooksville

5 Years Larry Manno Systems & Applications Administrative Supervisor Information Resources Brooksville

Paul Williams Water Use Regulation Manager Brooksville Regulation Brooksville

Item 5Staff Recommendation:

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


Item 6


Public Input for Issues Not Listed on the Published Agenda

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

B.C

onsentA

genda


CONSENT AGENDA

All matters listed under the Consent Agenda are considered routine and action will be taken by one motion,second of the motion and approval by the Board. If discussion is requested by a Board member, that item(s) will be deleted from the Consent Agenda and moved to the appropriate Committee or Report for consideration.

Regulation Committee -- Environmental Resource Permits7. ERP No. 43028579.004 - Key West Landings Dock and Dredge – Hillsborough County.... 38. ERP No. 43033020.002 - FDOT - I-75 (SR), South of I-75/I-275 Interchange to

South of SR 56 (SR 56 Northbound Exit Ramp)FD ID 421831-1-52-01 – Hillsborough County ............................ 9

9. ERP No. 43034467.000 - FDOT - State Road 39 (Alexander Street) from North of I-4to North of Knights-Griffin Road – Hillsborough County ............. 15

10. ERP No. 43034286.000 - Darby Oaks Borrow Pits – Pasco County.................................... 2211. ERP No. 43022707.002 - Cannon Pit – Polk County............................................................ 27

Regulation Committee -- Water Use Permits12. WUP No. 20010722.005 - Orange-Co, LP/Section 7 Grove – DeSoto County .................... 3713. WUP No. 20001912.006 - V & W Farms, Inc. of Delray Beach/V & W Farms, Inc. –

Hardee County ............................................................................. 47

Regulation Committee -- Other14. Governing Board Concurrence with Executive Director’s Issuance of

First Modification to Executive Director Order No. SWF 09-01, Regarding Production from the Peace River/Manasota Regional Water Supply Authority’s Aquifer Storage and Recovery (ASR) Wellfields ................................................. 60

15. Governing Board Concurrence with Executive Director's Issuance of Executive Director Order No. SWF 09-011 Relating to Use of Morris Bridge Sink for Augmentation of the Hillsborough River Reservoir ............................................................... 68

16. Initiate and Approve Rulemaking to Incorporate District Forms into Applicable Rules ......... 69

Resource Management Committee17. Appraisal and Purchase/Sale Agreement – Lake Hancock Project,

SWF Parcel No. 20-503-204P ............................................................................................... 8818. Appraisals, Purchase/Sale Agreement and Resolution Requesting Funds –

Bowlegs Creek/Crooked Lake Project, SWF Parcel No. 20-697-124 ................................... 9319. Appraisals, Exchange/Purchase Agreement and Resolution Requesting Funds –

Upper Hillsborough Project, SWF Parcel Nos. 10-400-167 and 10-400-168S ..................... 9720. Lease Agreement with Polk County for the Dredging of Lake Hancock –

SWF Parcel No. 20-503-239X ............................................................................................... 10221. Perpetual and Temporary Easements to City of St Petersburg to Relocate a

36-inch Water Transmission Pipeline – Sawgrass Lake Project, SWF Parcel No. 16-560-138X .................................................................................................................... 105

22. Authorize Submission of Preliminary Flood Insurance Rate Maps for the Spring Hill Lakes/Aripeka Watershed to the Federal Emergency Management Agency ................. 107

23. Facilitating Agricultural Resource Management Systems (FARMS)a. T.J. Chastain Neal Road Grove – Charlotte County ....................................................... 109b. WCB Properties, LLC – Manatee County ........................................................................ 112c. Gemstone Grove, LLC – Manatee County ...................................................................... 115d. Lakeshore Knolls, LLC – Manatee County ...................................................................... 118

24. Surface Water Improvement and Management (SWIM) Programa. Florida Department of Transportation Agreement for the Robles Park Water

Quality Improvement Project ............................................................................................ 121b. Charlotte County Fourth-Grade Field Trip Program ........................................................ 123

Finance & Administration Committee25. Board Travel ........................................................................................................................... 12426. Budget Transfer Report ......................................................................................................... 12527. Second Fiscal Year 2009 Budget Amendment ..................................................................... 12828. Water Management Information System (WMIS) Flow Meter Installation Project ................ 14129. Office of Inspector General

a. Semiannual Performance Report on District Audit Services ........................................... 142b. Fiscal Year 2009 Audit Plan Amendment ........................................................................ 145

Outreach & Planning Committee30. Updates to Standing Advisory Committee Board Policies ..................................................... 150

General Counsel’s Report31. Consent Order – ERP No. 44025018.000 - Rocky Creek Retirement Properties,

Inc. (Rocky Creek - New Assisted Living Facility) – Hillsborough County ............................ 17232. Consent Order – WUP No. 20005814.002 - I-4 Land Holding Limited Company –

Hillsborough County ............................................................................................................... 17333. Consent Order – Surface Water Activity – Safari Wild, LLC – Polk County ......................... 17434. Final Order – SWFWMD vs. William Going, DOAH Case No. 08-5528 –

Pinellas County ...................................................................................................................... 176

Executive Director’s Report35. Amend June 24, 2008 Governing Board Meeting Minutes ................................................... 19036. Approve March 31, 2009 Governing Board Meeting Minutes ............................................... 192

CONSENT ITEM 7

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CONSENT ITEM 7 Default Date: May 5, 2009

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION

PERMIT NO. 43028579.004

Expiration Date: April 28, 2014 PERMIT ISSUE DATE: April 28, 2009

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: Key West Landings Dock and Dredge

GRANTED TO: Mez Con, LLC 2708 Azeele Street Tampa, FL 33609

ABSTRACT: This permit authorization is for the construction of a 16-slip docking facility on the Alafia River in Hillsborough County. The project is located along the north bank of the river approximately 1.0 mile west of U.S. Highway 41. The facility is proposed as an amenity to multi-family residential development on adjacent uplands. Boardwalk access to fixed finger piers will be constructed in addition to a spoil impoundment area for a 1.30-acre area to be maintenance dredged.

Neither water quantity attenuation nor water quality treatment is required. Tidal flushing and water current velocities within the receiving water body are expected to adequately disperse pollutants leaving the docking facility, so as not to cause violations of water quality standards. No fueling or sewage pump-out facilities are proposed.

This permit authorization will allow the construction of a 16-slip docking facility over 0.04-acre of wetlands and the maintenance dredging of 1.30 acres of the Alafia River. No mitigation is required for the 1.34 acres of temporary wetland impacts.

OP. & MAINT. ENTITY: Key West Landing Homeowners Association, Inc.

COUNTY: Hillsborough

SEC/TWP/RGE: 24/30S/19E

TOTAL ACRES OWNED OR UNDER CONTROL: 18.01

PROJECT SIZE: 2.53 Acres

LAND USE: Residential

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Permit No.: 43028579.004 Project Name: Key West Landings Dock and Dredge

DATE APPLICATION FILED: September 2, 2008

AMENDED DATE: November 3, 2008

I. Water Quantity/Quality

Neither water quantity attenuation nor water quality treatment is required. Pollutants leaving the docking facility are expected to adequately disperse in the receiving water body so as not to significantly affect existing ambient water quality. Pilings will be wrapped in vinyl, and boat lifts are proposed. No fueling or sewage pump-out facilities are proposed.

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

II. 100-Year Floodplain

Encroachment (Acre-Feet of fill)

Compensation (Acre-Feet of excavation)

Compensation Type

Encroachment Result (feet)

0.00 0.00 N/A N/A

III. Environmental Considerations

Wetland/Other Surface Water Information Count: 2Wetland/Other Surface Water Name Total Not Impacted Permanent Impacts Temporary Impacts

AcresAcres Acres Functional

Loss*Acres Functional

Loss*

Alafia 3.46 2.12 0.00 0.00 1.34 0.00 Shore Wetland 0.18 0.18 0.00 0.00 0.00 0.00

TOTAL 3.64 2.30 0.00 0.00 1.34 0.00 * For impacts that do not require mitigation, their functional loss is not included.

Wetland/Other Surface Water Comments: This project will construct a docking facility with sixteen boat slips and dredge 1.30 acres of unvegetated, silty sands of the Alafia River to access deep water. The proposed activities will temporarily impact 0.04-acre of wetlands for the construction of the docks and 1.30 acres for the dredging. The Tampa Port Authority has determined that the dredging is a maintenance dredge activity. No wetland mitigation is required for the proposed activities within the Alafia River.

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

SPECIFIC CONDITIONS

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

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

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

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

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

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

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

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

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

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

a. wetland and surface water areas, b. wetland buffers, and c. limits of approved wetland impacts.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GENERAL CONDITIONS

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

____________________________________________ Authorized Signature

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CONSENT ITEM 8

9

CONSENT ITEM 8 Default Date: June 8, 2009


PERMIT NO. 43033020.002



PROJECT NAME: FDOT - I-75 (SR 93), South of I-75/I-275 Interchange to South of SR 56 (SR 56 Northbound Exit Ramp), FD ID 421831-1-52-01

GRANTED TO: Florida Department of Transportation, District VII 11201 North McKinley Drive Tampa, FL 33612-6403

ABSTRACT: This Individual permit authorization is for the construction of Ramp A-56 and Ramp B-56 from south of the I-75/I-275 interchange northbound to State Road 56 in Hillsborough and Pasco Counties. The project area is approximately 128.50 acres and lies within Section 3, Township 27 South and Range 19 East in Hillsborough County as well as Sections 26, 27, 34, Township 26 South and Range 19 East in Pasco County. The proposed project will include the construction of two northbound exit ramps, one from I-75 (Ramp A-56) and one from I-275 (Ramp B-56). Each ramp will begin south of the I-75/I-275 interchange, merge as a two lane exit ramp and continue northbound to the SR 56 exit. There will be a new two lane bridge (Ramp A-56) over Cypress Creek between stations 641+00 and 642+00 in Pasco County. The existing I-275 bridge over I-75 will remain. Some minor widening along I-75 and I-275 northbound will be included to facilitate the ramp tie-ins. The four (4) stormwater management facilities (SMF's) are sized to treat and attenuate for runoff over the right-of-way width as if it is 100% impervious. The water quality treatment method will be wet detention. All encroachment into the 100-year floodplain will be compensated for so that there will be no net loss in historic floodplain storage.

A total of 20.88 acres of Forested and 9.56 acres of Shrub wetlands will be permanently impacted by this project. In addition, a total of 0.76 acre of Stream/waterway, 1.54 acres of Surface water/ditches and 3.10 acres of an existing stormwater pond will be impacted. The wetland impacts will result from widening of the existing roadway surface and side slopes. Also, a total of approximately 14 acres of the total wetland impact acreage will result from creation of stormwater ponds and a floodplain compensation pond. Additionally, approximately 3 acres of the total wetland impact acreage will result from construction of a drainage channel.

Mitigation for the permanent wetland impacts will be provided through the Districts FDOT Mitigation Program, pursuant to Chapter 373.4137, F.S.

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Permit No.: 43033020.002 Project Name: FDOT - I-75 (SR 93), South of I-75/I-275 Interchange to South of SR 56

(SR 56 Northbound Exit Ramp), FD ID 421831-1-52-01

OP. & MAINT. ENTITY: Florida Department of Transportation, District VII

COUNTY: Hillsborough, Pasco

SEC/TWP/RGE: 03/27S/19E; 26, 27, 34/26S/19E



LAND USE: Government

DATE APPLICATION FILED: April 11, 2008

AMENDED DATE: N/A


PONDNO.

AREA ACRES @ TOP OF BANK TREATMENT TYPE

SMF 1 7.36 Wet Detention SMF J1-1 1.82 Wet Detention SMF J1-2 3.65 Wet Detention SMF J-2 10.59 Wet Detention FPC -1 22.38 N/A

TOTAL 45.80





Compensation Type*

Encroachment Result**(feet)

93.89 109.01 EE N/A

*Codes for the type or method of compensation provided are as follows: EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review N/A = Not Applicable

Comments: Compensation for encroachments into the 100-year flood plain will be provided at two sites. Floodplain compensation area, FPC-1 will compensate for encroachments within Basin I. This project and future mainline widening project I-75 (State Road 93) from North of Bruce B. Downs Boulevard to South of State Road 56 (ERP No. 43033020.004) propose 48.42 acre-feet of floodplain encroachment within Basin J. This encroachment will be compensated for by claiming 48.42 acre-feet of excess compensation in the existing State Road 56 mitigation site. The mitigation site was constructed under MSSW No. 40012944.000. ERP No. 44012944.004 authorized that 54.59 acre-feet of excess compensation was available in the mitigation site.

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After utilizing the 48.42 acre-feet of floodplain compensation for the above mentioned projects and previous compensation for other FDOT projects within the area, the mitigation site will have 3.87 acre-feet of compensation available.


Wetland/Surface Water Information Count of Wetlands: 15Wetland Name Total Not Impacted Permanent Impacts Temporary Impacts

Acres Acres Acres Functional Loss*

Acres Functional Loss*

SW-2 1.54 0.00 1.54 0.00 0.00 0.00 SW2-1 0.04 0.04 0.00 0.00 0.00 0.00 W-12 0.55 0.00 0.55 0.40 0.00 0.00 W-14 2.97 0.00 2.97 1.99 0.00 0.00

W-15A 7.42 0.00 7.42 5.93 0.00 0.00 W-15B 5.86 0.00 5.86 4.69 0.00 0.00 W-16 4.85 4.81 0.04 0.03 0.00 0.00 W-19 0.74 0.00 0.74 0.57 0.00 0.00 W-20 0.77 0.00 0.77 0.52 0.00 0.00 W-21 1.87 0.00 1.87 1.07 0.00 0.00 W-40 8.18 0.00 8.18 4.34 0.00 0.00 W-41 1.38 0.00 1.38 0.73 0.00 0.00 W-42 0.97 0.00 0.97 0.78 0.00 0.00 W-44 0.21 0.00 0.21 0.15 0.00 0.00 "A" 0.24 0.00 0.24 0.19 0.00 0.00


Wetland/Other Surface Water Comments: A total of 20.88 acres of Forested and 9.56 acres of Shrub wetlands will be permanently impacted by this project. In addition, a total of 0.76-acre of stream/waterway, 1.54 acres of Surface water/ditches and 3.10 acres of an existing stormwater pond will be impacted. The wetland impacts will result from widening of the existing roadway surface and side slopes. Also, a total of approximately 14 acres of the total wetland impact acreage will result from creation of stormwater ponds and a floodplain compensation pond. Additionally, approximately 3 acres of the total wetland impact acreage will result from construction of a drainage channel.

Mitigation Comments: Mitigation for the permanent wetland impacts will be provided through the Districts FDOT Mitigation Program, pursuant to Chapter 373.4137, F.S.



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SPECIFIC CONDITIONS










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

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9. The Permittee, the Florida Department of Transportation, shall submit to the District a site-specific plan for erosion and sediment control best management practices, pursuant to Section 104, FDOT Standard Specifications for Road and Bridge Construction. The Permittee shall submit this plan and receive District approval prior to construction commencement.

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

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

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



GENERAL CONDITIONS



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CONSENT ITEM 9

15



PERMIT NO. 43034467.000



PROJECT NAME: FDOT - State Road 39 (Alexander Street), from North of I-4 to North of Knights-Griffin Road

GRANTED TO: Florida Department of Transportation 11201 North McKinley Drive Tampa, FL 33612-6403

ABSTRACT: This permit authorization is for the construction of a new surface water management system to serve the extension of Alexander Street (State Road 39A) from I-4 to one-half mile north of Knights-Griffin Road. The project also includes intersection and turn lane improvements. Runoff from the project area will be conveyed to five stormwater ponds that are proposed for construction where water quality treatment and water quantity attenuation will be provided. Water quality treatment is provided through wet detention. Supporting calculations demonstrate that the proposed discharge rate from a 25-year/24-hour storm event, in all the basins, will be limited to the rate resulting from the same storm event in existing conditions. Floodplain encroachment of 13.96 acre-feet is equivalently compensated. The FDOT will operate and maintain the stormwater management system.

There are 15.58 acres of wetland and surface waters within the project area, 14.40 acres of which are to be permanently impacted. Wetland mitigation is to be provided by utilizing the FDOT mitigation plan through the process identified in Chapter 373.4137, Florida Statutes.

OP. & MAINT. ENTITY: Florida Department of Transportation

COUNTY: Hillsborough

SEC/TWP/RGE: 05, 06, 08, 17, 20/28S/22E


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Permit No.: 43034467.000 Project Name: FDOT - State Road 39 (Alexander Street), from North of I-4 to North of Knights-Griffin Road


LAND USE: Government

DATE APPLICATION FILED: September 19, 2008

AMENDED DATE: N/A


PONDNO.


1 2.08 Wet Detention 2 5.04 Wet Detention 3 2.74 Wet Detention 4 3.99 Wet Detention 5 1.47 Wet Detention

FPC-1A 2.37 N/AFPC-1B 0.81 N/A

TOTAL 18.50





Compensation Type*


13.96 16.46 EE N/A

*Codes for the type or method of compensation provided are as follows: EE = Equivalent Excavation to offset project filling per Section 4.4 of the District's Basis of Review N/A = Not Applicable

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Wetland/Other Surface Water Information Count: 11Wetland/Other Surface Water Name Total Not Impacted Permanent Impacts Temporary Impacts

Acres Acres Acres Functional Loss*

Acres FunctionalLoss*

SW-2 0.14 0.00 0.14 0.00 0.00 0.00 SW-3 0.07 0.00 0.07 0.00 0.00 0.00 SW-5 1.10 0.00 0.00 0.00 1.10 0.00 SW-6 0.06 0.00 0.00 0.00 0.06 0.00 WL-12 4.59 0.00 4.59 2.89 0.00 0.00 WL-13 0.03 0.00 0.03 0.02 0.00 0.00 WL-14 1.26 0.00 1.26 0.88 0.00 0.00 WL-5 4.74 0.00 4.74 3.65 0.00 0.00 WL-6 0.43 0.00 0.43 0.33 0.00 0.00 WL-7 1.95 0.00 1.93 1.10 0.02 0.00 WL-8 1.21 0.00 1.21 0.61 0.00 0.00


Wetland Comments: There are mixed wetland hardwood habitats (WL-5,WL-6, WL-7), freshwater marshes (WL-8,WL-12,WL-13,WL14), an upland cut pond (SW-5), upland cut ditches (SW-2,SW-3), and the westside canal (SW-6) within the project area. No wetland mitigation is required for the de minimis impacts including the 0.02-acre temporary impact to Wetland 7, upland cut ditches and pond, and the westside canal, pursuant to Subsections 3.2.2 of the Basis of Review. Wetland mitigation is required for the permanent impacts to the wetland hardwood habitats and freshwater marshes. The Permittee has addressed concerns for wildlife utilization in the remnant wetland areas by providing wildlife crossing signs for motorists and planting stormwater Pond 4 within native wetland plant species.

Mitigation Comments: The Permittee has offset 14.19 acres of impacts to wetlands by utilizing the FDOT mitigation plan through the process identified in Chapter 373.4137, Florida Statutes.



SPECIFIC CONDITIONS


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

a. wetland and surface water areas, b. wetland buffers, and c. limits of approved wetland impacts.



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10. The Permittee, the Florida Department of Transportation, shall submit to the District a site-specific plan for erosion and sediment control best management practices, pursuant to Section 104, FDOT Standard Specifications for Road and Bridge Construction. The Permittee shall submit this plan and receive District approval prior to construction commencement.



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

13. The Permittee shall notify the District at least 48 hours prior to the maximum excavation of each retention/detention pond and must notify the District upon the completion of each retention/detention pond.

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

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



18. The native herbaceous vegetation to be planted within stormwater Pond 4, as shown on Sheet 145A of the construction plans dated March 13, 2009, shall have an 85% survival rate for a minimum of three years. Exotic and nuisance plant species coverage shall not exceed 5% in stormwater Pond 4. An annual report shall be submitted to the Tampa Regulation Department for the first year and further monitoring is required until adequate coverage of native vegetation has been met.

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GENERAL CONDITIONS



21

CONSENT ITEM 10

22



PERMIT NO. 43034286.000



PROJECT NAME: Darby Oaks Borrow Pits

GRANTED TO: Massey Partners, Ltd. 1700 South MacDill Avenue, Suite 340 Tampa, FL 33629

ABSTRACT: This permit is for the excavation of three sand mine borrow pits consisting of 290.00 acres of project area within 1,443.34 acres of ownership. The project site is located between US 41 and Bellamy Brothers Boulevard, south of Ayres Road, in Pasco County. No adverse off-site water quality or quantity impacts are anticipated from the construction of this project. Adjacent properties include Conestoga Trail (Environmental Resource Permit No. 46032947.000) to the extreme northwest.

OP. & MAINT. ENTITY: Massey Partners, Ltd.

COUNTY: Pasco

SEC/TWP/RGE: 3,4,5/24S/19E

TOTAL ACRES OWNED OR UNDER CONTROL: 1,443.34


LAND USE: Mining

DATE APPLICATION FILED: July 7, 2008

AMENDED DATE: N/A

23

Permit No.: 43034286.000 Project Name: Darby Oaks Borrow Pits


Comments: There are no improvements associated with the excavation. No adverse off-site water quality or quantity impacts will occur as a result of the excavation. The project is located within portions of the Squirrel Prairie and the Pithlachascotee/Bear Creek/Crews Lake watersheds. The excavation has provided an additional 1,582.96 acre-feet of storage within these two basin areas based on the 100-year, 24-hour rainfall event of 12.0 inches of rainfall. There will be no discharge from the pits for this event.





Compensation Type*


0.00 0.00 NE X Depth N/A

*Codes [ X ] for the type or method of compensation provided are as follows: NE = No Encroachment 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.


No wetlands or other surface waters exist within the project area.



SPECIFIC CONDITIONS



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


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


6. The Permittee shall notify the District at least 48 hours prior to the maximum excavation of each retention/detention pond and must notify the District upon the completion of each retention/detention pond.

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




11. Additional permitting will be required for any new construction proposed outside the project area limits, as shown on the permitted plans.

12. A Water Use Permit must be issued prior to construction start.

13. The wetland lines shown on the construction drawings are approximate. Any construction within 200 feet of these lines will require further site verification by the District and a wetland line survey.

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

GENERAL CONDITIONS



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CONSENT ITEM 11

27



PERMIT NO. 43022707.002



PROJECT NAME: Cannon Pit

GRANTED TO: C.C. Calhoun, Inc. Post Office Box 1877 Dundee, FL 33838

ABSTRACT: This permit authorization is for the expansion of an existing mining (borrow) operation as named above and as shown on the approved construction plans. The surface water management system will serve a 129.80-acre project area, which consists of 96.82-acres of borrow pit and 32.98-acres of open space. The construction of the borrow pit was initiated under previous Environmental Resource Permit No. 44022707.001. This permit will amend and replace the previous permit authorization. The project site is located on J. Zoffay Road at West Mann Road, north of the city of Frostproof, in Polk County. Information regarding the surface water management system, 100-year flood plain, and wetlands is contained within the tables and comments below.

OP. & MAINT. ENTITY: C.C. Calhoun, Inc.

COUNTY: Polk

SEC/TWP/RGE: 20/31S/28E



LAND USE: Mining

DATE APPLICATION FILED: November 20, 2008

AMENDED DATE: N/A

28

Permit No.: 43088707.002 Project Name: Cannon Pit


PONDNO.


1 96.82 Retention TOTAL 96.82





Compensation Type*


0.00 0.00 NE X Depth N/A

*Codes [ X ] for the type or method of compensation provided are as follows: NE = No Encroachment N/A = Not Applicable

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


No wetlands or other surface waters exist within the project area.



SPECIFIC CONDITIONS



Bartow Regulation Department Southwest Florida Water Management District 170 Century Boulevard Bartow, FL 33830-7700


29



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


6. For dry bottom retention systems, the retention areas shall become dry within 72 hours after a rainfall event. If a retention area is regularly wet, this situation shall be deemed to be a violation of this permit.





10. This Construction Permit No. 43022707.002, amends the previously issued Construction Permit No. 44022707.001, and all conditions are replaced by the conditions herein.

30


GENERAL CONDITIONS



31

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

32

EXHIBIT "A"

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

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

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

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

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

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

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

33

quality data are required, the permittee shall provide data as required on volumes of water discharged, including total volume discharged during the days of sampling and total monthly volume discharged from the property or into surface waters of the state.

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

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

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

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

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

a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor.

b. Any existing septic tanks on site shall be abandoned at the beginning of construction. c. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of

construction.

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

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

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

34

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

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

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

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

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

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

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

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

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

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

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

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

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CONSENT ITEM 12

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT WATER USE INDIVIDUAL

PERMIT NO. 20010722.005

EXPIRATION DATE: April 28, 2015 PERMIT ISSUE DATE: April 28, 2009

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

TYPE OF APPLICATION: Renewal

GRANTED TO: Orange Co, LP 12010 Northeast Highway 70 Arcadia, FL 34266

PROJECT NAME: Section 7 Grove

WATER USE CAUTION AREA: Southern

PROPERTY LOCATION: 840 owned acres in DeSoto County, approximately 14.1 miles east of the intersection of State Highway 31 and State Highway 70.

ABSTRACT: This is a renewal of an existing agricultural water use permit with a change in permitted quantities for the irrigation of 781 acres of citrus. The permitted quantities for this renewal are a standard annual average of 746,900 gallons per day (gpd), a drought annual average of 1,060,900 gpd, a peak month of 4,717,100 gpd and a crop protection quantity of 13,608,000 gpd.

Special conditions include those that require the Permittee to maintain existing meters, record and report meter readings monthly, cap withdrawals not in use, adhere to well construction specifications, document crop protection quantities, address utilization of alternative water supplies (AWS) and modify the permit to incorporate AWS when it is obtained, continue to implement irrigation conservation measures, comply with irrigation allotments, submit annual irrigation water use reports, investigate the feasibility of tailwater recovery for irrigation, eliminate off-site discharge through Best Management Practices, document and submit a report if the standard annual average or drought annual average daily quantities have been exceeded and comply with minimum flows and levels recovery strategy within the Southern Water Use Caution Area (SWUCA).

CHANGES FROM PRIOR PERMIT: The standard annual average quantity increases by 108,300 gpd, drought annual average quantity increases by 10,900 gpd, peak month quantity decreases by 308,900 gpd and crop protection quantity remains as previously permitted. The changes in the permitted quantities were calculated by the District's agricultural water use calculation program, AGMOD.

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Permit No.: 20010722.005 Project Name: Orange-Co, LP / Section 7 Grove

PERMIT INFORMATION PREVIOUSLY

PERMITTED(2003-2008)

GPD

REQUESTED (2008) GPD

AUTHORIZED (2015) GPD

ANNUAL AVERAGE 1 638,600 746,900 746,900 Ground Water 638,600 746,900 746,900 Surface Water 0 0 0 ALTERNATIVE WATER SUPPLY 2(annual average) N / A N / A N / A Reclaimed Water 3 N / A N / A N / A Captured Stormwater N / A N / A N / A DROUGHT ANNUAL AVERAGE 4 1,050,000 1,060,900 1,060,900 Ground Water 1,050,000 1,060,900 1,060,900 Surface Water 0 0 0 WATER CONSERVATION CREDITS 5(gallons) 300,316,399 350,138,399 350,138,399 Ground Water 300,316,399 350,138,399 350,138,399 Surface Water 0 0 0 PEAK MONTH 6 5,019,000 4,717,100 4,717,100 Ground Water 5,019,000 4,717,100 4,717,100 Surface Water 0 0 0 CROP PROTECTION 7 13,608,000 13,608,000 13,608,000 Ground Water 13,608,000 13,608,000 13,608,000 Surface Water 0 0 0

1 Annual average quantities are the total gallons needed for one average rainfall year divided by 365 days.2 Alternative Water Supply are sources of water other than historic natural sources. Ground water is not an

Alternative Water Supply. 3 Reclaimed Water is not included in permit totals.4 Drought Annual Average quantities are given to supplement rainfall during years when less than average rain

falls, divided by 365 days. It is also the upper limit of permitted quantities when the Permittee is using Water Conservation Credits.

5 Water Conservation Credits are total gallons available for use when more than the standard annual average quantity is needed for irrigation. The credits can only be used on the crop for which the credits were given initially or on which they were earned, up to the Drought Annual Average limit.

6 Peak Month quantities are the total gallons needed for the highest water-use month divided by the number of days in that month.

7 Crop Protection quantities are the total gallons needed for one day for frost and freeze protection.

WATER DEMAND ANNUAL AVERAGE VALUES

PREVIOUSLYPERMITTED(2003-2008)

PROJECTED (2015)

AUTHORIZED (2015)

Citrus (gpd) 638,600 746,900 746,900 Irrigated Acres 781 781 781 Standard Irrigation Rate (in./ac./yr.) 12.3 14.4 14.4 Drought Irrigation Rate (in./ac./yr.) 20.2 20.4 20.4

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SPECIAL CONDITIONS:

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

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

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

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

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

2. The Permittee shall investigate the feasibility of using reclaimed water as a water source and submit a report describing the feasibility to the Permit Data Section, Regulation Performance Management Department, March 1, 2015. The report shall contain an analysis of reclaimed water sources for the area, including the relative location of these sources to the Permittee's property, the quantity of reclaimed water available, the projected date of availability, costs associated with obtaining the reclaimed water, and an implementation schedule for reuse, if feasible. Infeasibility shall be supported with a detailed explanation.

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

A. Withdrawal facilities that are not yet constructed, District ID No. 6, Permittee ID No. 8Dshall be metered within 90 days of completion of construction of the withdrawal.

B. Existing permitted withdrawal facilities shall continue to be metered with non-resettable, totalizing flow meters or other flow measuring devices as approved by the Regulation Department Director, District ID Nos. 1, 2, 4 and 5, Permittee ID Nos. 7C, 7D, 8B and 8C.

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

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A. The meters shall be non-resettable, totalizing flow meters that have a totalizer of sufficient magnitude to retain total gallon data for a minimum of the three highest consecutive months permitted quantities. If other measuring devices are proposed, prior to installation, approval shall be obtained in writing from the Regulation Department Director.

B. The Permittee shall report non-use on all metered standby withdrawal facilities on the scanning form or approved alternative reporting method.

C. If a metered withdrawal facility is not used during any given month, the meter report shall be submitted to the District indicating the same meter reading as was submitted the previous month.

D. The flow meters or other approved devices shall have and maintain an accuracy within five percent of the actual flow as installed.

E. Accuracy testing requirements: 1. For newly metered withdrawal points, the flow meter installation shall be

designed for inline field access for meter accuracy testing. 2. The meter shall be tested for accuracy on-site, as installed, every five years

beginning from the date of its installation for new meters or from the date of initial issuance of this permit containing the metering condition with an accuracy test requirement for existing meters.

3. The testing frequency will be decreased if the Permittee demonstrates to the satisfaction of the District that a longer period of time for testing is warranted.

4. The test will be accepted by the District only if performed by a person knowledgeable in the testing equipment used.

5. If the actual flow is found to be greater than 5% different from the measured flow, within 30 days, the Permittee shall have the meter re-calibrated, repaired, or replaced, whichever is necessary. Documentation of the test and a certificate of re-calibration, if applicable, shall be submitted within 30 days of each test or re-calibration.

F. The meter shall be installed according to the manufacturer’s instructions for achieving accurate flow to the specifications above, or it shall be installed in a straight length of pipe where there is at least an upstream length equal to ten (10) times the outside pipe diameter and a downstream length equal to two (2) times the outside pipe diameter. Where there is not at least a length of ten diameters upstream available, flow straightening vanes shall be used in the upstream line.

G. Broken or malfunctioning meter: 1. If the meter or other flow measuring device malfunctions or breaks, the Permittee

shall notify the District within 15 days of discovering the malfunction or breakage. 2. The meter must be replaced with a repaired or new meter, subject to the same

specifications given above, within 30 days of the discovery. 3. If the meter is removed from the withdrawal point for any other reason, it shall be

replaced with another meter having the same specifications given above, or the meter shall be reinstalled within 30 days of its removal from the withdrawal. In either event, a fully functioning meter shall not be off the withdrawal point for more than 60 consecutive days.

H. While the meter is not functioning correctly, the Permittee shall keep track of the total amount of time the withdrawal point was used for each month and multiply those minutes times the pump capacity (in gallons per minute) for total gallons. The estimate of the number of gallons used each month during that period shall be submitted on District scanning forms and noted as estimated per instructions on the form. If the data is submitted by another approved method, the fact that it is estimated must be indicated. The reason for the necessity to estimate pumpage shall be reported with the estimate.

I. In the event a new meter is installed to replace a broken meter, it and its installation shall meet the specifications of this condition. The permittee shall notify the District of the replacement with the first submittal of meter readings from the new meter.

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

5. The Permittee shall:

A. Incorporate best water management practices, specifically including but not limited to irrigation practices, as recommended for the permitted activities in reports and publications by the IFAS.

B. Limit daytime irrigation to the greatest extent practicable to reduce losses from evaporation. Daytime irrigation for purposes of system maintenance, control of heat stress, crop protection, plant establishment, or for other reasons which require daytime irrigation are permissible; but should be limited to the minimum amount necessary as indicated by best management practices.

C. Implement a leak detection and repair program as an element of an ongoing system maintenance program. This program shall include a system-wide inspection at least once per year.

D. Evaluate the feasibility of improving the efficiency of the current irrigation system or converting to a more efficient system. This condition includes implementation of the improvements or conversion when determined to be operationally and economically feasible.

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

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

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

8. This Permit is located within the Southern Water Use Caution Area (SWUCA). Pursuant to Section 373.0421, Florida Statutes, the SWUCA is subject to a minimum flows and levels recovery strategy, which became effective on January 1, 2007. The Governing Board may amend the recovery strategy, including amending applicable water use permitting rules based on

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an annual assessment of water resource criteria, cumulative water withdrawal impacts, and on a recurring five-year evaluation of the status of the recovery strategy up to the year 2025 as described in Chapter 40D-80, Florida Administrative Code. This Permit is subject to modification to comply with new rules.

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

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

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

A. Items (1) through (7) for seasonal crops (example: vegetables) and nurseries; B. Items (1) through (4) and item (7) for annual crops and plants (example: citrus, pasture,

lawn and landscape); C. Items (1) through (4) and item (8) for golf courses (annual); The list of items are:

1) Crop type; 2) Monthly irrigated acres per crop for seasonal crops; annual irrigated acres for

annual crops (Citrus growers, give total acres; the District will calculate "shaded area" for the groves.)

3) The dominant soil type per crop or the number of acres per crop on that dominant soil type;

4) Irrigation methods; 5) Planting dates (the date the plants are actually placed in the beds, not the date

the field is prepared); 6) Season length (in days); 7) Crop protection quantities (total gallons); and 8) Number of acres of tees and greens.

D. Additionally, if used, the following shall be documented separately: 1) Beginning and ending dates of irrigation for field preparation/crop establishment

and supplemental irrigation; 2) Beginning and ending hour and date of each use of quantities for crop protection; 3) Non-irrigation use from irrigation well: Quantities from the withdrawals listed on

these forms that were for other uses not related to irrigation demand. Such uses may include filling of spray tanks, livestock needs, and cleaning equipment and facilities.

4) Use of tailwater recovery.

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

Irrigation Water Use Form No. Form Title Submit ByWUP-10 Form 46.20-010 (10/01) Annual Crops March 1

11. A. Shell and Prairie Creek Watersheds The District has determined that direct and indirect run-off of irrigation water into Shell

Creek and Prairie Creek have contributed to water quality degradation in a Class I waterway that serves as a public supply source for an existing legal water user, the City of Punta Gorda. Degradation of the City's reservoir has occurred to such an extent that the concentration of several constituents has exceeded secondary drinking water standards in the past. To avoid further degradation of the reservoir and to improve water quality, such that it is consistent with Class I water quality standards, the Permittee shall continue to improve the management of irrigation water by reducing or eliminating off-site discharge of lower quality irrigation water. At the time of issuance of this permit the District is addressing off-site discharge and attempting to resolve the aforementioned adverse impacts through cooperative and collaborative measures with Permittees, changes in irrigation management practices, and other methods. If the effectiveness of these measures is determined to be insufficient to resolve these adverse impacts and irrigation management practices on this site appear to contribute to these continued impacts, the District may seek to modify this permit in accordance with applicable law.

B. Best Management Practices This specific permit is issued with the understanding that the Permittee shall implement

Best Management Practices (BMPs), which will result in elimination of off-site discharge of lower quality irrigation water to the greatest extent practicable. This is required to avoid contribution by this permitted site to the water quality degradation within the Shell Creek and Prairie Creek watersheds, and to assist in improvement in water quality of the City of Punta Gorda's Shell Creek Reservoir.

12. A. Special Well Construction The Permittee shall construct the proposed wells according to the surface diameter and

casing depth specifications below. The casing depth specified is to prevent the unauthorized interchange of water between different water bearing zones. The total depth listed below is an estimate, based on best available information. However, since this well is located in an area where water quality can be poor, it is the well driller's responsibility to measure specific conductivity of the well water during construction, in 20ft intervals once casing is set. The open hole interval of the well can only be advanced if the specific conductivity does not exceed 1000 microSiemens/centimeter and sampling of specific conductivity occurs in 20 foot intervals. Such sampling is necessary to ensure that the well does not encounter water of a quality that cannot be utilized by the Permittee, and to ensure that withdrawals from the well will not cause impacts to area surface waters or induce salt water intrusion. Specific conductivity readings must be recorded and submitted to the District. District staff are available to assist and verify readings during well construction and to receive water quality results. Please contact the Resource Conservation and Data Department at (813)985-7481 ext. 2102, 48 hours prior to initiation of well construction and specify at that time if assistance is needed in collecting specific conductivity measurements.

District Permittee Surface Minimum Estimated ID No. ID No. Diameter Casing Depth Total Depth

6 8D 16” 500’ 1,500’

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1. Regardless of the maximum depth specified above, it is the well driller's responsibility to cease drilling when the specific conductivity of the ground water reaches 1,000 microSiemens/centimeter.

2. The casing shall be continuous from land surface to the minimum depth stated above.

3. All well casing (including liners and/or pipe) must be sealed to the depth specified above.

4. The proposed wells shall be constructed of materials that are resistant to degradation of the casing/grout due to interaction with the water of lesser quality. A minimum grout thickness of two (2) inches is required on wells four (4) inches or more in diameter.

5. A minimum of twenty (20) feet overlap and two (2) centralizers is required for Public Supply wells, and all wells six (6) inches or more in diameter.

6. The finished well casing depth shall not vary from these specifications by greater than ten (10) percent unless advance approval is granted by the Regulation Department Director, or the Supervisor of the Well Construction Permitting Section in Brooksville.

7. The finished well total depth shall not exceed the maximum total depth unless advance approval is granted by either the Regulation Department Director, or the Supervisor of the Well Construction Permitting Section in Brooksville, and the specific conductivity is less than 1,000 microSiemens/centimeter.

8. Advance approval from the Regulation Department Director is necessary should the Permittee propose to change the well location or casing diameter.

12. B. Sampling Following completion of District ID Nos. 6, Permittee ID Nos. 8D, a water-quality sample

shall be collected by District Staff for laboratory analysis. The sample shall be collected during reverse air drilling, or other appropriate method with prior approval by the Regulation Department Director, Resource Regulation, which will allow representative samples to be collected. The sample shall be analyzed by the District's certified laboratory for specific conductivity, chloride, sulfate and total dissolved solids. Reports of the analyses will be submitted to the Permittee upon completion.

The Permittee shall submit a copy of the well completion report to the District's Permit Data Section within 30 days of well completion.

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

I.D. NO. PERMITTEE/

DISTRICT DIAM. (IN.)

DEPTHTTL./CSD.

FT. (feet bls)

USE

GALLONS PER DAY

CROP AVERAGE PEAK MONTH PROTECTION

7C / 1 12 1,400 / 484 IR 125,300 791,200 2,520,000 7D / 2 12 1,420 / 485 IR 153,000 966,400 2,520,000 8B / 4 16 1,494 / 490 IR 124,300 785,200 2,520,000 8C / 5 12 1,540 / 500 IR 153,000 966,400 2,520,000 8D / 6 16 1,500 / 500 IR 191,300 1,207,900 3,528,000

IR = Irrigation

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WITHDRAWAL POINT LOCATION TABLE

DISTRICT I.D. NO. LATITUDE/LONGITUDE SECTION/TOWNSHIP/RANGE

1 271615.80/813924.10 07/37/27 2 271615.70/813857.60 07/37/27 4 271541.80/813806.20 08/37/27 5 271616.70/813821.30 08/37/27 6 271617.29/813804.02 08/37/27

STANDARD CONDITIONS:

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

___________________________________________Authorized Signature SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

This permit, issued under the provision of Chapter 373, Florida Statutes and Florida Administrative Code 40D-2, authorizes the Permittee to withdraw the quantities outlined above, and may require various activities to be performed by the Permittee as described in the permit, including the Special Conditions. This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the Permittee from complying with any applicable local government, state, or federal law, rule, or ordinance.

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CONSENT ITEM 13

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT WATER USE INDIVIDUAL

PERMIT NO. 20001912.006

EXPIRATION DATE: April 28, 2019 PERMIT ISSUE DATE: April 28, 2009

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

TYPE OF APPLICATION: Renewal

GRANTED TO: V & W Farms, Inc. of Delray Beach Post Office Box 1057

Avon Park, FL 33826

PROJECT NAME: V & W Farms, Inc.

WATER USE CAUTION AREA: Southern

PROPERTY LOCATION: 1,730 owned acres in Hardee County, approximately 4.5 miles west of Avon Park and approximately 4.5 miles west of the intersection of U.S. Highway 27 and County Road 64.

ABSTRACT: This is a renewal with modification of an existing water use permit for agricultural use. The proposed quantities are for the continuing operational needs of a dairy with 2,000 head of dairy cows; the personal sanitary needs of 35 dairy workers; the center pivot irrigation of 380 acres of spring corn, 380 acres of summer corn, 380 acres of small grains, 100 acres of hay, 45 acres of pasture grass, the drinking water needs of 500 head of young non-milking cows, and the public supply needs of 18 persons in temporary employee housing. The water used for animal and barn washing purposes is captured and is reused for crop irrigation.

Special Conditions include those that require the Permittee to: continue to meter and report pumpage; implement water conservation and best management practices; comply with irrigation allotments and efficiency goals; submit annual crop reports; comply with Southern Water Use Caution Area recovery strategy condition; modify the permit to reflect incorporation of any new alternative sources of water; comply with annual average pumpage quantity; comply with well construction specifications; submit annual reuse report, and cap all wells not in use.

CHANGES FROM PRIOR PERMIT: The changes from the previous permit include: a decrease in the Standard Annual Average quantity from 1,313,600 gallons per day (gpd) to 1,236,000 gpd (decrease of 77,600 gpd); a decrease in the Drought Annual Average from 1,521,500 gpd to 1,440,300 gpd (decrease of 81,200 gpd); a decrease in the Peak Month quantity from 6,121,200 gpd to 4,562,000 gpd (decrease of 1,559,200 gpd); there is no Crop Protection quantity. The changes in quantities are due to a change in irrigation method from volume gun to center pivot and a better accounting of crop types, including a change from 150 acres of commercial hay to 100 acres of commercial hay and 45 acres of pasture grass.

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Permit No.: 20001912.006 Project Name: V & W Farms, Inc. of Delray Beach / V & W Farms, Inc.

PERMIT INFORMATION PREVIOUSLY

PERMITTED(2003 – 2008)

GPD

REQUESTED (2008) GPD

AUTHORIZED (2019) GPD

ANNUAL AVERAGE 1 1,313,600 1,853,000 1,236,000 Ground Water 1,313,600 1,851,000 1,234,000 Surface Water 0 0 0 ALTERNATIVE WATER SUPPLY 2(annual average) 0 2,000 2,000 Reclaimed Water 3 0 0 0 DROUGHT ANNUAL AVERAGE 4 1,521,500 1,440,300 1,440,300 Ground Water 1,521,500 1,440,300 1,440,300 Surface Water 0 0 0 WATER CONSERVATION CREDITS 5(gallons) 253,068,598 “Not Provided” 253,068,598 Ground Water 253,068,598 “Not Provided” 253,068,598 Surface 0 “Not Provided” 0 PEAK MONTH 6 6,121,200 6,600,000 4,562,000 Ground Water 6,121,200 6,600,000 4,562,000 Surface Water 0 0 0 CROP PROTECTION 7 N/A N/A N/A Ground -- -- -- Surface Water -- -- --

1 Annual average quantities are the total gallons needed for one average rainfall year divided by 365 days.2 Alternative Water Supply are sources of water other than historic natural sources. Ground water is not an

Alternative Water Supply.3 Reclaimed Water is not included in permit totals.4 Drought Annual Average quantities are given to supplement rainfall during years when less than average rain

falls, divided by 365 days. It is also the upper limit of permitted quantities when the Permittee is using Water Conservation Credits.

5 Water Conservation Credits are total gallons available for use when more than the standard annual average quantity is needed for irrigation. The credits can only be used on the crop for which the credits were given initially or on which they were earned, up to the Drought Annual Average limit.

6 Peak Month quantities are the total gallons needed for the highest water-use month divided by the number of days in that month.

7 Crop Protection quantities are the total gallons needed for one day for frost and freeze protection.

WATER DEMAND ANNUAL AVERAGE VALUES

PREVIOUSLYPERMITTED(2003 – 2008)

PROJECTED (2019)

AUTHORIZED (2019)

CORN (volume gun) 498,400 gpd 0 gpd 0 gpd Irrigated Acres 500 0 0 Standard Irrigation Rate (in./ac./yr.) 13.40 N/A N/A Drought Irrigation Rate (in./ac./yr.) 15.54 N/A N/A

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PREVIOUSLYPERMITTED(2003 – 2008)

PROJECTED (2019)

AUTHORIZED (2019)

CORN (center pivot) 0 gpd 424,800 gpd 424,800 gpd Irrigated Acres 0 380 380 Standard Irrigation Rate (in./ac./yr.) N/A “Not Provided” 15.25 Drought Irrigation Rate (in./ac./yr.) N/A “Not Provided” 18.50DAIRY CATTLE 340,000 gpd 340,000 gpd 340,000 gpd

Head of cattle 2,000 2,000 2,000 Irrigated Acres N/A N/A N/A Standard Irrigation Rate (in./ac./yr.) N/A N/A N/A Drought Irrigation Rate (in./ac./yr.) N/A N/A N/A

Gallons/Head 170 170 170HAY (volume gun) (center pivot) 178,400 VG gpd 183,900 P gpd 183,900 P gpd Irrigated Acres 100 100 100 Standard Irrigation Rate (in./ac./yr.) 23.98 “Not Provided” 24.70 Drought Irrigation Rate (in./ac./yr.) 29.49 “Not Provided” 29.50ALL GRAINS (volume gun) (center pivot) 187,400 VG gpd 99,700 P gpd 99,700 P gpd Irrigated Acres 350 380 380 Standard Irrigation Rate (in./ac./yr.) 7.20 “Not Provided” 3.53 Drought Irrigation Rate (in./ac./yr.) 9.55 “Not Provided” 3.93PASTURE grass (center pivot) 0 gpd 91,100 gpd 91,100 gpd Irrigated Acres 0 45 45 Standard Irrigation Rate (in./ac./yr.) N/A “Not Provided” 27.20 Drought Irrigation Rate (in./ac./yr.) N/A “Not Provided” 29.50PERSONAL / SANITARY 3,100 gpd 3,500 gpd 3,500 gpdLIVESTOCK (non-milking dairy cattle) 26,000 gpd 15,000 gpd 15,000 gpdOTHER 800 gpd 78,000 gpd 78,000 gpd

SPECIAL CONDITIONS:

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

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

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

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

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

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

A. Standby withdrawal facilities (those that provide back-up water for another withdrawal point in the event the other withdrawal point becomes unusable), District ID No. 10,Permittee ID No. 10 before using the standby quantities.

B. Existing permitted withdrawal facilities shall continue to be metered with non-resettable, totalizing flow meters or other flow measuring devices as approved by the Regulation Department Director, District ID Nos. 1, 2, and 4, Permittee ID Nos. 1, 2, and 4.

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

A. The meters shall be non-resettable, totalizing flow meters that have a totalizer of sufficient magnitude to retain total gallon data for a minimum of the three highest consecutive months permitted quantities. If other measuring devices are proposed, prior to installation, approval shall be obtained in writing from the Regulation Department Director.

B. The Permittee shall report non-use on all metered standby withdrawal facilities on the scanning form or approved alternative reporting method.

C. If a metered withdrawal facility is not used during any given month, the meter report shall be submitted to the District indicating the same meter reading as was submitted the previous month.

D. The flow meters or other approved devices shall have and maintain an accuracy within five percent of the actual flow as installed.

E. Accuracy testing requirements: 1. For newly metered withdrawal points, the flow meter installation shall be

designed for inline field access for meter accuracy testing. 2. The meter shall be tested for accuracy on-site, as installed, every five years

beginning from the date of its installation for new meters or from the date of initial issuance of this permit containing the metering condition with an accuracy test requirement for existing meters.

3. The testing frequency will be decreased if the Permittee demonstrates to the satisfaction of the District that a longer period of time for testing is warranted.

4. The test will be accepted by the District only if performed by a person knowledgeable in the testing equipment used.

5. If the actual flow is found to be greater than 5% different from the measured flow, within 30 days, the Permittee shall have the meter re-calibrated, repaired, or replaced, whichever is necessary. Documentation of the test and a certificate of re-calibration, if applicable, shall be submitted within 30 days of each test or re-calibration.

F. The meter shall be installed according to the manufacturer’s instructions for achieving accurate flow to the specifications above, or it shall be installed in a straight length of pipe where there is at least an upstream length equal to ten (10) times the outside pipe diameter and a downstream length equal to two (2) times the outside pipe diameter. Where there is not at least a length of ten diameters upstream available, flow straightening vanes shall be used in the upstream line.

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G. Broken or malfunctioning meter: 1. If the meter or other flow measuring device malfunctions or breaks, the Permittee

shall notify the District within 15 days of discovering the malfunction or breakage. 2. The meter must be replaced with a repaired or new meter, subject to the same

specifications given above, within 30 days of the discovery. 3. If the meter is removed from the withdrawal point for any other reason, it shall be

replaced with another meter having the same specifications given above, or the meter shall be reinstalled within 30 days of its removal from the withdrawal. In either event, a fully functioning meter shall not be off the withdrawal point for more than 60 consecutive days.

H. While the meter is not functioning correctly, the Permittee shall keep track of the total amount of time the withdrawal point was used for each month and multiply those minutes times the pump capacity (in gallons per minute) for total gallons. The estimate of the number of gallons used each month during that period shall be submitted on District scanning forms and noted as estimated per instructions on the form. If the data is submitted by another approved method, the fact that it is estimated must be indicated. The reason for the necessity to estimate pumpage shall be reported with the estimate.

I. In the event a new meter is installed to replace a broken meter, it and its installation shall meet the specifications of this condition. The permittee shall notify the District of the replacement with the first submittal of meter readings from the new meter.

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

4. The Permittee shall construct the proposed wells according to the surface diameter, casing depth, and total depth specifications below. The casing depth and total depth specified are to prevent the unauthorized interchange of water between different water bearing zones. The maximum total depth listed below is an estimate, based on best available information, of the depth to the bottom of the Intermediate aquifer. However, it is the Permittee's responsibility to have the water in the well sampled during well construction, before reaching the estimated total depth. Such sampling is necessary to ensure that the well does not encounter water quality that cannot be utilized by the Permittee, and to ensure that withdrawals from the well will not cause salt-water intrusion.

District Permittee Surface Minimum Maximum ID No. ID No. Diameter Casing Depth Total Depth 10 10 5 100' 345'

A. The casing shall be continuous from land surface to the minimum depth stated above. B. All well casing (including liners and/or pipe) must be sealed to the depth specified above. C. The proposed wells shall be constructed of materials that are resistant to degradation of

the casing/grout due to interaction with the water of lesser quality. A minimum grout thickness of two (2) inches is required on wells four (4) inches or more in diameter.

D. A minimum of twenty (20) feet overlap and two (2) centralizers is required for Public Supply wells, and all wells six (6) inches or more in diameter.

E. The finished well casing depth shall not vary from these specifications by greater than ten (10) percent unless advance approval is granted by the Regulation Department Director, Resource Regulation, or the Supervisor of the Well Construction Permitting Section in Brooksville.

F. Advance approval from the Regulation Department Director, Resource Regulation, is necessary should the Permittee propose to change the well location or casing diameter.

5. Within 90 days of the replacement of any or all withdrawal quantities from ground water or surface water bodies with an Alternative Water Supply, the Permittee shall apply to modify this permit to reflect incorporation of the alternative source of water to replace permitted quantities in

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equal amounts. The replaced water shall be put on standby and may be used in the event that some or all of the alternative source is not available.

6. The Permittee shall:

A. Incorporate best water management practices, specifically including but not limited to irrigation practices, as recommended for the permitted activities in reports and publications by the IFAS.

B. Limit daytime irrigation to the greatest extent practicable to reduce losses from evaporation. Daytime irrigation for purposes of system maintenance, control of heat stress, crop protection, plant establishment, or for other reasons which require daytime irrigation are permissible; but should be limited to the minimum amount necessary as indicated by best management practices.

C. Implement a leak detection and repair program as an element of an ongoing system maintenance program. This program shall include a system-wide inspection at least once per year.

D. Evaluate the feasibility of improving the efficiency of the current irrigation system or converting to a more efficient system. This condition includes implementation of the improvements or conversion when determined to be operationally and economically feasible.

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

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

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

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

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

A. Items (1) through (7) for seasonal crops (example: vegetables) and nurseries; B. Items (1) through (4) and item (7) for annual crops and plants (example: citrus, pasture,

lawn and landscape); C. Items (1) through (4) and item (8) for golf courses (annual); The list of items are:

1) Crop type; 2) Monthly irrigated acres per crop for seasonal crops; annual irrigated acres for

annual crops (Citrus growers, give total acres; the District will calculate "shaded area" for the groves.)

3) The dominant soil type per crop or the number of acres per crop on that dominant soil type;

4) Irrigation methods; 5) Planting dates (the date the plants are actually placed in the beds, not the date

the field is prepared); 6) Season length (in days); 7) Crop protection quantities (total gallons); and 8) Number of acres of tees and greens.

D. Additionally, if used, the following shall be documented separately: 1) Beginning and ending dates of irrigation for field preparation/crop establishment

and supplemental irrigation; 2) Beginning and ending hour and date of each use of quantities for crop protection; 3) Non-irrigation use from irrigation well: Quantities from the withdrawals listed on

these forms that were for other uses not related to irrigation demand. Such uses may include filling of spray tanks, livestock needs, and cleaning equipment and facilities.

4) Use of tailwater recovery.

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

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

11. ANNUAL REPORT: REUSE PUMPAGE UTILIZATION (Supplemental Irrigation vs. Discharge per FDEP condition)

The Permittee shall submit the Annual Reuse Utilization Report by April 1 of each year for the preceding calendar year. The Permittee shall meter, record, and report the total reuse quantities pumped. The permittee shall record and report the total reuse quantities pumped for supplemental irrigation and the total reuse quantities pumped to maintain the storage capacity condition of their FDEP permit. The purpose of this annual report is to determine a baseline quantity of reuse that is available for supplemental irrigation for future permit revisions. The status of the proposed construction of Lagoon #2 shall be included in the annual report, so that the affect of the increased storage capacity on efficient reuse utilization can be determined. The meters shall be read on a per use basis, with the resulting information reported annually to the District in a tabular (excel) spreadsheet format. The results shall include monthly summaries and fulfill the intent described in your submittal dated January 30, 2009, received by the District on February 2, 2009.

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The following reuse pumps shall be metered:

A. DID No. 3 / Owner I.D No. 3

Within 90 days of completion of construction of the reuse pump for:

B. Proposed DID No. 11 / Owner I.D. No. 11

Continue to maintain and operate existing, non-resettable, totalizing flow meter as approved by the Regulation Department Director on:

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

I.D. NO. PERMITTEE/

DISTRICT DIAM. (IN.)

DEPTHTTL./CSD.FT.

(feet bls) USE

GALLONS PER DAY

AVERAGE PEAK MONTH 1 / 1 8 628 / 114 L 419,000 864,000 2 / 2 12 1,080 / 390 AU 464,300 1,722.000 3 / 3 8 N/A / N/A AG 1,000 2,000 Lagoon 1 4 / 4 12 1,120 / UNK IR 333,200 1,923,000 5 / 5 4 210 / UNK IR 7,500 12,000 6 / 6 2 UNK / UNK IR 7,500 12,000 7 / 7 4 UNK / UNK P 2,500 5,000

10 / 10 5 100 / 345 L 34,500 884,000 Standby11 / 11 8 N/A / N/A AG 1,000 2,000 Lagoon 2

L = Livestock Watering AU = Augmentation AG = General Agriculture IR = Irrigation P = Public Supply

WITHDRAWAL POINT LOCATION TABLE

DISTRICT I.D. NO. LATITUDE/LONGITUDE SECTION/TOWNSHIP/RANGE

1 273506.36/813545.14 26/33/27 2 273428.69/81352019 26/33/27 3 273450.91/813539.66 26/33/27 4 273422.36/813611.28 34/33/27 5 273448.09/813642.97 27/33/27 6 273425.70/813558.38 27/33/27 7 273518.12/813517.26 23/33/27 10 273504.99/813542.27 26/33/27 11 273442.15/813600.66 27/33/27

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STANDARD CONDITIONS:

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

___________________________________________Authorized Signature SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

This permit, issued under the provision of Chapter 373, Florida Statutes and Florida Administrative Code 40D-2, authorizes the Permittee to withdraw the quantities outlined above, and may require various activities to be performed by the Permittee as described in the permit, including the Special Conditions. This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the Permittee from complying with any applicable local government, state, or federal law, rule, or ordinance.

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

Administrative Code.

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40D-2Exhibit "A"

WATER USE PERMIT STANDARD CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

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

A. A reduction in water levels which impairs the ability of the well to produce water; B. Significant reduction in levels or flows in water bodies such as lakes, impoundments,

wetlands, springs, streams or other watercourses; or C. Significant inducement of natural or manmade contaminants into a water supply or into a

usable portion of any aquifer water body.

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

A. Significant reduction in levels or flows in water bodies such as lakes, impoundments, wetlands, springs, streams or other watercourses;

B. Sinkholes or subsidence caused by reduction in water levels; C. Damage to crops and other vegetation causing financial harm to the owner; and D. Damage to the habitat of endangered or threatened species.

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

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

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

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

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

R. 08/08/2007

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Item 14

Consent AgendaApril 28, 2009

Regulation Committee -- Other

Governing Board Concurrence with Executive Director's Issuance of First Modification to Executive Director Order No. SWF 09-01 Relating to the Peace River/Manasota Regional Water Supply Authority and Production from its Aquifer Storage and Recovery Wellfields

BackgroundThe Executive Director has issued several emergency authorizations that remain in effect to address a public supply water shortage within the regional system operated by the Peace River/Manasota Regional Water Supply Authority. One of these authorizations, Executive Director Order No. SWF 09-01, was issued on January 9, 2009. This Order temporarily modifies Water Use Permit No. 20010420.004 to allow existing Aquifer Storage and Recovery (ASR) wells to be utilized to withdraw up to 17 million gallons of groundwater per day through July 1, 2009.

SituationThe Peace River/Manasota Regional Water Supply Authority serves approximately 250,000 residents in Charlotte, Desoto, and Sarasota counties, and the City of North Port. The ongoing effects of a long-term rainfall deficit have severely impacted flows in the Peace River, significantly reducing available river diversions (none have occurred since March 4, 2009) andresulting in extremely low storage conditions in the Authority’s R.V. Griffin Reservoir and ASR system. Storage in the ASR system was exhausted and deficit withdrawals of groundwater began on January 20, 2009. However, due to the lower water quality associated with the ASR wells, which withdraw from the Upper Floridan Aquifer, the Authority has requested modification of the existing emergency authorization to also allow withdrawals from the overlying Intermediate Aquifer System, using existing ASR monitor wells and test production wells previously completed in that unit. This additional withdrawal of higher quality groundwater canthen be blended with the other supplies.

New Regulatory Action District staff reviewed the Authority’s request and drafted the applicable emergency authorization. The First Modification to Executive Director Order No. SWF 09-01 was signed on April 1, 2009. This emergency authorization temporarily modifies Water Use Permit No.20010420.004 to allow the Authority to make withdrawals of up to 1.8 million gallons per day from two ASR monitor wells (T-8 and T-11) and two test wells (TPW-1 and TPW-2) pursuant to a District-approved monitoring plan. The Order’s original expiration date of July 1, 2009 was not modified.

Staff will be available to provide a brief presentation regarding the new emergency order.

Staff Recommendation: See Exhibit

Concurrence with the issuance of the First Modification to Executive Director Order No. SWF 09-01 Relating to the Peace River/Manasota Regional Water Supply Authority and Production from its Aquifer Storage and Recovery Wellfields.

Presenter: Ross Morton, Director, Sarasota Regulation Department

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Item 15



Governing Board Concurrence with Executive Director's Issuance of Executive Director Order No. SWF 09-011 Regarding Use of the Morris Bridge Sink for Augmentation of the Hillsborough River Reservoir

BackgroundThe District has previously provided similar assistance to Tampa Bay Water and the City of Tampa in the form of emergency authorizations to pump from the Morris Bridge Sink to the Tampa Bypass Canal for the purpose of augmenting the City of Tampa's Hillsborough RiverReservoir. Past actions include Executive Director Orders No. SWF 00-26 in May of 2000, SWF 01-07 in February 2001 and 01-19 in March 2001.

SituationTampa relies primarily on its Hillsborough River Reservoir to meet the potable water needs of approximately 656,000 residents within its city limits and portions of unincorporated Hillsborough County served by its municipal water system. As of April 9, 2009, the level in the Reservoir was below 19.9 feet NGVD (1929). Under such conditions, Tampa would typically purchase potable water from Tampa Bay Water, however, in light of low storage in Tampa Bay Water's C.W. Bill Young Regional Reservoir, the City has consulted with Tampa Bay Water and determined that it should minimize such purchases as long as possible in order to avoid putting further strain on Tampa Bay Water's Consolidated Wellfield Permit system. Tampa Bay Waterhas requested that the District authorize Tampa Bay Water to withdraw water from the Morris Bridge Sink immediately following completion of the District's pumping test of the Sink, in order to allow these withdrawals to augment the City's Hillsborough River Reservoir via the Tampa Bypass Canal.

New Regulatory Action District staff reviewed Tampa Bay Water's request and drafted the applicable emergency authorization. Executive Director Order No. SWF 09-011 is expected to be signed by Mr. DavidMoore prior to the April Governing Board meeting. This Executive Director Order authorizesTampa Bay Water to withdraw 7.1 million gallons of water per day from the Morris Bridge Sink.The Order will expire on July 31, 2009 or when the elevation at the Hillsborough River Reservoir reaches an elevation of 22.5 NGVD, the crest elevation of the Hillsborough River dam, unless rescinded or extended by the Governing Board or Executive Director.

Staff will be available to provide a brief presentation regarding the new emergency order.


Concurrence with issuance of Executive Director Order SWF 09-011 for use of the Morris Bridge Sink for augmentation of the Hillsborough River Reservoir.

Presenter: Alba Más, Director, Tampa Regulation Department

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Item 16



Initiate and Approve Rulemaking to Incorporate District Forms into Applicable Rules

State rules for the adoption of agency forms require that any forms and other materials which an agency desires to have included in its regulations must be incorporated by reference into the agency’s rules. Adopted forms are required to include a citation to the specific agency rule in which the form is incorporated by reference and the effective date of the form. Rules which incorporate forms and other material must also expressly state that the material is incorporated by reference and describe how an interested person may obtain a copy of the incorporated material. Effective December 31, 2010, all material incorporated by reference must be submitted in electronic format to the Department of State, and the full text of the material must be made available to the public through a direct electronic hyperlink from the rule in which the material is incorporated.

The District has developed a variety of forms available for use by the public to apply for permits and other authorizations, report monitoring data and submit other required information. All District forms are currently incorporated by reference into Rule 40D-1.659, F.A.C., for convenience of the public. The District has recently been advised by the Joint Administrative Procedures Committee (JAPC) that the District’s method of incorporating all forms into one rule is inconsistent with incorporation requirements and that each of the various District forms need to be incorporated into the specific rule which addresses the requirement for the form or what information is to be provided through use of the form, as opposed to citing Rule 40D-1.659, F.A.C., as the vehicle for incorporation of all forms. Accordingly, amendments to District rules are necessary to identify and incorporate District forms into the specific District rule applicable to each form, and to revise each form to specify the new rule number. Forms being re-incorporated into District rules will also be re-numbered and dated effective April 2009. Amendments are also needed to identify where interested persons may obtain copies of other material incorporated by reference into District rules. JAPC further advises that any forms and other material that may be incorporated by reference into the District’s Water Use Permitting or Environmental Resource Permitting Basis of Review need to be identified in a rule, so that the electronic hyperlink required by the end of 2010 can be accomplished by the technology available to the Florida Department of State.

For these reasons, staff proposes to amend the various District rules that incorporate or mention District forms and materials incorporated by reference. Forms will also be re-numbered andrevised to contain the specific citation to the rule in which the form will now be incorporated. The specific rule amendments are included in the Governing Board package as an exhibit for this item. District staff also proposes to maintain Rule 40D-1.659, F.A.C., as a convenient listing of all District forms, and to amend the rule to identify the specific rule citation for each form whereappropriate. If authorization to initiate rulemaking to accomplish these amendments is approved, District staff will proceed with rulemaking without further Governing Board approval unless, during the rulemaking and public noticing process, substantive comments are received or substantive changes are proposed, in which case this item will be brought back to the Board for further consideration.


Authorize and approve rulemaking to amend District rules to incorporate District forms into the applicable rules and revise District forms to identify the new rule citations where appropriate.

Presenter: Martha A. Moore, Senior Attorney, Office of General Counsel

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1

Exhibit AAmendments to Incorporate District Forms Into Rules

40D-1.6105 Limiting Conditions.

(1) No change. (2) A permit may be assigned to a subsequent owner subject to all terms and conditions contained in

such permit upon notification in writing to the Board of such assignment, provided ownership, lease, or other control of all such lands is conveyed to the assignee and further provided that the assignee, by accepting such assignment, does assume responsibility for complying with all such terms and conditions. To assign a permit a subsequent owner must submit a Notification and Request for Transfer of Environmental Resource Permit, Form No. LEG-R.043.00 (4/09) 04-10R-022 (7/01), incorporated by reference in subsection 40D-4.351(1), F.A.C., or an Application to Transfer a Water Use Permit, Form No. LEG-R.002.0403 (4/09) (09/07), incorporated by reference in subsection 40D-2.351(1), F.A.C., asappropriate, that includes the signature of the permittee(s) or a copy of the legally recorded deed(s) to allof the land covered by the permit. Copies of these forms may be obtained from the District’s website at www.watermatters.org. or from the District offices.

(3) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.219, 373.413, 373.416, F.S. History – Readopted 10-5-74, Formerly 16J-0.12, Amended 2-10-93, Formerly 40D-0.381, Amended 12-16-97, 8-25-02, 10-19-05, 11-25-07, _______.

40D-1.659 Forms and Instructions. [changes in italics are pending as part of the WUP application forms rulemaking]

The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District’s website at www.watermatters.org or from the District offices or the District’s website at www.watermatters.org.

(1) GROUND WATER

(a) APPLICATION FOR WATER WELL CONTRACTOR’S LICENSE, FORM NO. LEG-R.003.0100 (4/09) (10/05), incorporated by reference in subsection 40D-3.037(5), F.A.C.

(b) APPLICATION FOR RENEWAL OF A WATER WELL CONTRACTOR’S LICENSE, FORM NO. LEG-R.004.0201 (4/09) (9/07), incorporated by reference in subsection 40D-3.037(5), F.A.C.

(c) PROPOSED WELL CONSTRUCTION LOCATION AND DESIGN FORM, FORM NO. LEG-R.006.0100 (4/09) (2/07), incorporated by reference in paragraph 40D-2.101(5)(a), F.A.C.

(d) STATE OF FLORIDA PERMIT APPLICATION TO CONSTRUCT, REPAIR, MODIFY OR ABANDON A WELL, FORM NO. LEG-R.040.00 (4/09) 41.10-410(1) REV. 9/04, incorporated by reference in subsection 40D-3.101(1), F.A.C.

(e) WELL COMPLETION REPORT, FORM NO. LEG-R.005.0100 (4/09) (10/05), incorporated by reference in paragraph 40D-3.411(1)(a), F.A.C.

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(f) WELL GROUTING/ABANDONMENT FORM, FORM NO. LEG-R.041.00 (4/09) 41.10-410(6/01), incorporated by reference in subsection 40D-4.531(5), F.A.C.

(g) WELL VERIFICATION FOR ALL NON-DOMESTIC USE WELLS LOCATED IN THE MOST IMPACTED AREA OF THE SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.016.0100 (4/09) (8/08), incorporated by reference in subsection 40D-3.101(1), F.A.C.

(h) SMALL GENERAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES LESS THAN 100,000 GALLONS PER DAY FORM NO. LEG-R.027.00 (3/09) WUP-1 FORM 46.20-002 (1/08),incorporated by reference in paragraph 40D-2.101(2)(c), F.A.C.

(i) GENERAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES OF 100,000 TO 499,999 GALLONS PER DAY, FORM NO. LEG-R.028.00 (3/09)WUP-2 FORM 46.20-003 (1/08),incorporated by reference in paragraph 40D-2.101(2)(b), F.A.C.

(j) INDIVIDUAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES OF 500,000 GALLONS PER DAY OR GREATER, FORM NO. LEG-R.029.00 (3/09) WUP-3 FORM 46.20-004 (1/08),incorporated by reference in paragraph 40D-2.101(2)(a), F.A.C.

(k) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – AGRICULTURE, FORM NO. LEG-R.030.00 (3/09) WUP-4 FORM 46.20-004 (09/07), incorporated by reference in subparagraph 40D-2.101(2)(a)1, F.A.C.

(l) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – INDUSTRIAL OR COMMERCIAL, FORM NO. LEG-R.031.00 (3/09) WUP-5 FORM 46.20-005 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)2., F.A.C.

(m) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – MINING OR ANDDEWATERING, FORM NO. LEG-R.032.00 (3/09) WUP-6 FORM 46.20-006 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)3., F.A.C.

(n) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – PUBLIC SUPPLY, FORM NO. LEG-R.033.00 (3/09) WUP-7 FORM 46.20-007 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)4., F.A.C.

(o) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – RECREATION OR AESTHETIC, FORM NO. LEG-R.034.00 (3/09) WUP-8 FORM 46.20-008 (12/98), incorporated by reference in subparagraph 40D-2.101(2)(a)5., F.A.C.

(p) WATER USE PERMIT MODIFICATION SHORT FORM, FORM NO. LEG-R.035.00 (3/09)42.00-034 (3/00), incorporated by reference in paragraph 40D-2.331(2)(b), F.A.C.

(q) IRRIGATION WATER USE FORM – SEASONAL REPORT, NORTHERN TAMPA BAY WATER USE CAUTION AREA, FORM NO. LEG-R.024.00 (4/09) WUP-14.1 (1/93), incorporated by reference in paragraph 40D-2.091(2)(f), F.A.C.

(r) IRRIGATION WATER USE FORM – ANNUAL REPORT, NORTHERN TAMPA BAY WATER USE CAUTION AREA, FORM NO. LEG-R.025.00 (4/09) WUP-15 (1/93), incorporated by reference in paragraph 40D-2.091(2)(g), F.A.C.

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(s) AGRICULTURAL WATER ALLOTMENT FORM, FORM NO. LEG-R.042.00 (4/09)WUP-16(8/90), incorporated by reference in paragraph 40D-2.101(5)(b), F.A.C.

(t) APPLICATION TO TRANSFER A WATER USE PERMIT, FORM NO. LEG-R.002.0403 (4/09) (09/07), incorporated by reference in subsection 40D-2.351(1), F.A.C.

(u) SUPPLEMENTAL FORM - SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.007.02.01 (4/09) (11/07), incorporated by reference in subsection 40D-2.101(6), F.A.C.

(v) ALTERNATIVE WATER SUPPLY SUPPLEMENTAL FORM - SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.009.00 (09/07)

(vw) NET BENEFIT SUPPLEMENTAL FORM - SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.010.0100 (4/09) (09/07), incorporated by reference in paragraph 40D-2.101(6)(b), F.A.C.

(wx) SOUTHERN WATER USE CAUTION AREA GROUND WATER REPLACEMENT CREDIT APPLICATION, FORM NO. LEG-R.011.0100 (4/09) (09/07), in corporated by reference in paragraph 40D-2.101(6)(c), F.A.C.

(xy) PUBLIC SUPPLY SUPPLEMENTAL FORM - SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.012.0100 (4/09) (09/07), incorporated by reference in paragraph 40D-2.101(6)(a), F.A.C.

(yz) PUBLIC SUPPLY WELL INFORMATION AND CLASSIFICATION FORM, FORM NO. LEG-R.015.0100 (4/09) (8/08), incorporated by reference in Rule 40D-3.101(2)(b), F.A.C.

(zaa) IRRIGATION WATER USE FORM – ANNUAL CROPS, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.017.0100 (4/09) (8/08), incorporated by reference in paragraph 40D-2.091(2)(b), F.A.C.

(aabb) IRRIGATION WATER USE FORM – ANNUAL RECREATIONAL/AESTHETIC/GOLF, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.018.0100 (4/09) (8/08), incorporated by reference in paragraph 40D-2.091(2)(c), F.A.C.

(bbcc) IRRIGATION WATER USE FORM – SUMMER/FALL SEASONAL, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.019.0100 (4/09) (8/08), incorporated by reference in paragraph 40D-2.091(2)(d), F.A.C.

(ccdd) IRRIGATION WATER USE FORM – WINTER/SPRING SEASONAL, SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.020.0100 (4/09) (8/08), incorporated by reference in paragraph 40D-2.091(2)(e), F.A.C.

(dd) APPLICATION TO RENEW A SMALL GENERAL WATER USE PERMIT FOR AGRICULTURAL USE, FORM No. LEG-R.036.00 (3/09), incorporated by reference in paragraph 40D-2.101(2)(c), F.A.C.

(ee) SMALL GENERAL WATER USE PERMIT APPLICATION – AGRICULTURE ATTACHMENT,FORM No. LEG-R.037.00 (3/09), incorporated by reference in paragraph 40D-2.101(2)(c)1., F.A.C.

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(ff) SMALL GENERAL WATER USE PERMIT APPLICATION – INDUSTRIAL OR COMMERCIAL ATTACHMENT, FORM No. LEG-R.038.00 (3/09), incorporated by reference in paragraph 40D-2.101(2)(c)2., F.A.C.

(gg) SMALL GENERAL WATER USE PERMIT APPLICATION – RECREATION OR AESTHETIC ATTACHMENT, FORM No. LEG-R.039.00 (3/09), incorporated by reference in paragraph 40D-2.101(2)(c)3., F.A.C.

(2) SURFACE WATER

(a) JOINT APPLICATION FOR: ENVIRONMENTAL RESOURCE PERMIT/AUTHORIZATION TO USE STATE OWNED SUBMERGED LANDS/FEDERAL DREDGE AND FILL PERMIT, FORM 547.27/ERP (4/09) (5/08), incorporated by reference in paragraph 40D-4.101(1)(b), F.A.C.

(b) STATEMENT OF COMPLETION AND REQUEST FOR TRANSFER TO OPERATION ENTITY, FORM 547.27/SOC (4/09) (Rev. 2/07), incorporated by reference in subparagraph 40D-4.351(2)(a)1., F.A.C.

(c) PETITION FOR A FORMAL DETERMINATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS, FORM 547.27/FJDS (4/09) (8/94), incorporated by reference in paragraph 40D-4.042(2)(a), F.A.C.

(d) NOTICE OF INTENT TO CONSTRUCT A MINOR SILVICULTURAL SURFACE WATER MANAGEMENT SYSTEM PURSUANT TO SECTION 40D-400.500, F.A.C., FORM 547.27/NOI (4/09) (2/96), incorporated by reference in subsection 40D-400.500(3), F.A.C.

(e) PERMIT APPLICATION FOR SITE CONDITIONS ASSESSMENT, FORM 547.27/SCA (4/09)(6/96), incorporated by reference in subsection 40D-40.044(1), F.A.C.

(f) MITIGATION BANK PERFORMANCE BOND TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/PB (4/09) (2/99),incorporated by reference in paragraph 40D-4.091(6)(a), F.A.C.

(g) MITIGATION BANK IRREVOCABLE LETTER OF CREDIT TO DEMONSTRATECONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/ILC (4/09)(2/99), incorporated by reference in paragraph 40D-4.091(6)(b), F.A.c.

(h) MITIGATION BANK STANDBY TRUST FUND AGREEMENT TO DEMONSRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/S-B/CIFA (2/99).

(i) MITIGATION BANK TRUST FUND AGREEMENT TO DEMONSTRATE CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/CIFA (4/09) (2/99), incorporated by reference in paragraph 40D-4.091(6)(c), F.A.C.

(i) (j) MITIGATION BANK TRUST FUND AGREEMENT TO DEMONSTRATE PERPETUAL MANGEMENT FINANCIAL RESPONSIBILITY, FORM MB/PMFA (4/09) (2/99), incorporated by reference in paragraph 40D-4.091(6)(d), F.A.C.

(k) MITIGATION BANK STANDBY TRUST FUND AGREEMENT TO DEMONSTRATE PERPETUAL MANAGEMENT FINANCIAL ASSURANCE, FORM MB/S-B/PMFA (2/99),

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(j) (l) NOTIFICATION AND REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT, FORM NO. LEG-R.043.00 (4/09)04.10R-022 (7/01), incorporated by reference in paragraph 40D-4.351(1)(a), F.A.C.

(k) (m) STATEMENT OF INSPECTION FOR PROPER OPERATION AND MAINTENANCE FORM NO. LEG-R.044.00 (4/09)04.10R-023 (6/02), incorporated by reference in subsection 40D-4.351(3), F.A.C.

(l) (n) GENERAL ENVIRONMENTAL RESOURCE PERMIT (ERP) APPLICATION FOR MODIFICATION RELATED TO OUTPARCEL CONSTRUCTION WITHIN PERMITTED COMMERICAL/INDUSTRIAL PROJECTS, FORM NO. LEG-R001.0100 (4/09) (2/05), incorporated by reference in subparagraph 40D-4.331(2)(a)2., F.A.C.

(m) (o) ENVIRONMENTAL RESOURCE PERMIT MODIFICATION SHORT FORM, FORM NO. LEG-R.013.0100 (4/09) (03/08), incorporated by reference in paragraph 40D-4.331(2)(b), F.A.C.

(3) OTHER

(a) ELECTRONIC TRANSACTION AGREEMENT, FORM LEG-R.014.00 (4/08)

(b) FACILITATING AGRICULTURAL RESOURCE MANAGEMENT SYSTEMS PROGRAM FUNDING APPLICATION FORM, FORM LEG-R.22.0100 (4/09) (8/08), incorporated by reference in subsection 40D-26.201(2), F.A.C.; and

(c) METER ACCURACY VERIFICATION FORM, FORM NO. LEG-R.021.01 00 (4/09) (07/08),incorporated by reference in paragraph 40D-2.091(2)(a), F.A.C.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171, 373.337, F.S. Law Implemented 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 668.50, F.S. History – New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1.901, Amended 12-22-94, 5-10-95,10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00,10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05, 2-6-07, 2-26-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, ____________.

40D-2.091 Publications and Forms Incorporated by Reference.

(1) The following publications are hereby incorporated by reference into this Chapter, and are available from the District’s website at www.watermatters.org or from the District upon request:

(a) (1) Water Use Permit Information Manual Part B, "Basis of Review” (_______) (03-26-09); and(b) (2) Water Use Permit Information Manual Part D, "Requirements for the Estimation of Permanent

and Temporal Service Area Populations” (01-20-09). ; and(2) The following forms for reporting information to the District are hereby incorporated by

reference, and are available from the District upon request: (a) (3) Meter Accuracy Verification Form, Form No. LEG-R.021.0100 (4/09) (07/08);(b) Irrigation Water Use Form – Annual Crops, Southern Water Use Caution Area, Form No. LEG-

R.017.01 (4/09);(c) Irrigation Water Use Form – Annual Recreation/Aesthetic/Golf, Southern Water Use Caution

Area, Form No. LEG-R.018.01 (4/09);

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(d) Irrigation Water Use Form – Summer/Fall Seasonal, Southern Water Use Caution Area, Form No. LEG-R.019.01 (4/09);

(e) Irrigation Water Use Form – Winter/Spring Seasonal, Southern Water Use Caution Area, Form No. LEG-R.020.01 (4/09)

(f) Irrigation Water Use Form – Seasonal Report, Northern Tampa Bay Water Use Caution Area, Form No. LEG-R.024.00 (4/09); and

(g) Irrigation Water Use Form – Annual Report, Northern Tampa Bay Water Use Caution Area, Form No. LEG-R.025.00 (4/09).

Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243, F.S. History – New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08,2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, _____________.

40D-2.101 Content of Application.

(1) – (4) No change. [amendments are pending as part of the WMIS forms rulemaking, but no further amendments to these subsections are proposed in this rulemaking package.]

(5) Optional Application Forms. The following forms may be used by applicants in support of permit applications, are hereby incorporated by reference and are available from the District’s website at www.watermatters.org or from the District offices:

(a) Proposed Well Construction Location and Design Form, Form No. LEG-R.006.01 (4/09); and (b) Agricultural Water Allotment Form, Form No. LEG-R.042 (4/09).(6) Southern Water Use Caution Area Application Forms. In addition to the permit application and

information forms identified in subsections (1) – (5) above, all applicants for permits in the Southern Water Use Caution Area (SWUCA) shall submit the “Supplemental Form – Southern Water Use Caution Area,” Form No. LEG-R.007.02 (4/09) incorporated herein by reference. Applicants in the SWUCA shall also submit the following application and supplemental forms as appropriate for the intended water use type as described in Chapters 3 and 4 of the Water Use Permit Information Manual, Part B “Basis of Review.” All SWUCA application and supplemental information forms may be obtained from District District’s website at www.watermatters.org or from the District offices:

(a) Public Supply Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.012.01 (4/09);(b) Net Benefit Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.010.01 (4/09); and(c) Southern Water Use Caution Area Ground Water Replacement Credit Application, Form No. LEG-R.011.01 (4/09)

Rulemaking Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.216, 373.229, F.S. History - Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, 10-1-89, 10-23-89, 2-10-93, and 1-1-03. Formerly 16J-2.06. Amended 10-1-89, 10-23-89, 2-10-93, 7-15-99, 1-1-03, 1-1-07, 11-25-07, 09-10-08, _______.

40D-2.351 Transfer of Permits.

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

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such land. The applicant shall request such transfer using the "Application to Transfer a Water Use Permit,", Form No. LEG-R.002.0403 (4/09) (09/07) incorporated herein by reference. Copies of the formcan be obtained from the District’s website at www.watermatters.org. or from District offices. The District will transfer the permit provided all aspects of the permit except for ownership remain the same. All terms and conditions of the permit shall become binding on the transferee.

(2) – (4) No change.

Rulemaking Specific Authority 373.044, 373.113, F.S. Law Implemented 373.219, F.S. History – New 10-1-89, Amended 2-10-93, 3-30-93, 2-1-05, 10-19-05, 11-25-07, _________.

40D-3.037 Rules, Publications and Agreements Incorporated by Reference.

(1) The regulations promulgated by the Department governing the construction of water wells as set forth in Chapter 62-532, F.A.C. (3-28-02), the construction of water wells in delineated areas as set forth in Chapter 62-524, F.A.C. (6-27-00), the licensing requirements for Water Well Contractors as set forth in Chapter 62-531, F.A.C. (11-25-07), and the construction of public supply water wells as set forth in Chapter 62-555, F.A.C. (1-17-05), are hereby incorporated by reference and made a part of this rule and shall apply to all water wells constructed, repaired, modified or abandoned in the District. Theregulations can be obtained from the Department’s Division of Water Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(2) The Department’s Water Well Contractor Disciplinary Guidelines and Procedures Manual (October 2002) and the Department’s Florida Unified Citations Dictionary for Water Well Construction (October 2002) are hereby incorporated by reference and made a part of this rule. Both documents can be obtained from the Department’s Division of Water Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the District upon request.

(3) Well Construction Forms are incorporated by reference into Rule 40D-3.101 40D-1.659, F.A.C., and are available from the District upon request and from the District's website at www.watermatters.org.

(4) The Memorandum of Agreement Between the U.S. Environmental Protection Agency, Region IV, Superfund Division and the Southwest Florida Water Management District (August 2008) is incorporated by reference and is available from the District upon request.

(5) The Application for Water Well Contractor’s License, Form No. LEG-R.003.01 (4/09) and Application for Renewal of a Water Well Contractor’s License, Form No. LEG-R.006.01 (4/09) are hereby incorporated by reference and are available from the District’s website at www.watermatters.org.or from the District offices.

Rulemaking Specific Authority 373.044, 373.113, 373.309, F.S. Law Implemented 373.046, 373.308, 373.309, 373.323, 373.324, 373.333, F.S. History – New 7-1-90, Amended 12-31-92, 4-11-94, 6-27-94,9-22-94, 7-5-95, 10-19-95, 7-15-99, 6-23-03, 1-8-04, 8-19-08, 1-5-09, ___________.


(1) Applications for permits required by this chapter shall be submitted to the District. All permit applicants shall submit the form entitled “State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well,”, Form No. LEG-R.040.00 (4/09), incorporated herein adopted by reference in Rule 40D-1.659, F.A.C. Except for replacement and domestic use wells, all applications to construct a well within the Most Impacted Area of the Southern Water Use Caution Area, as set forth in subparagraph 40D-2.801(3)(b)2, and Figure 2.1, F.A.C., shall include the form entitled “Well Verification For All Non-Domestic Use Wells Located in the Most Impacted Area of the Southern Water Use Caution Area,”, Form No. LEG-R.016.01 (4/09), incorporated herein adopted by reference in Rule 40D-1.659, F.A.C. Copies of

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all forms incorporated in this Rule can be obtained from the District’s website at www.watermatters.org.or from the District offices.

(2) A permit applicant seeking to drill a public supply well shall submit: (a) A completed well permit application, as set forth in subsection (1) above, signed and accompanied

by an applicable permit fee; (b) A completed Southwest Florida Water Management District “Public Supply Well Information and

Classification Form,”, Form No. LEG-R.015.01 (4/09), incorporated herein adopted by reference in Rule 40D-1.659, F.A.C.; and

(c) Four sets of site plans signed, sealed and dated by a licensed professional engineer. Applicants for permits on existing projects may submit pre-existing site plans or detailed legal plats.

(3) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.109, 373.308, 373.309, 373.313, 373.316, F.S. History – Readopted 10-5-74, Formerly 16J-3.07, Amended 7-1-90, 9-30-91, 12-31-92, 4-11-94, 10-19-95, 2-26-07, 8-19-08.

40D-3.411 Well Completion Report.

(1) Well completion reports are required for the construction, repair, modification or abandonment of all wells. The District’s receipt of a well completion report raises the rebuttable presumption that all work under the permit has been completed or has ceased.

(a) The water well contractor or any individual permittee shall submit to the District the form entitled “Well Completion Report,”, Form No. LEG-R.005.01 (4/09), incorporated herein adopted by reference in Rule 40D-1.659, F.A.C., within 30 days of the expiration of the permit. Copies of the Well Completion Report form can be obtained from the District’s website at www.watermatters.org. or from District offices.

(b) – (d) No change.(2) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.308, 373.309, 373.313, F.S. History – Readopted 10-5-74, Amended 10-24-76, Formerly 16J-3.09, 16J-3.14, Amended 7-1-90, 9-30-91, 12-31-92, 10-19-95, 1-1-01, 2-26-07, 8-19-08, ___________.

40D-3.531 Abandoned Well Plugging.

(1) The form entitled "State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well,", adopted by reference in Rule 40D-3.101 40D-1.659, F.A.C., shall be submitted to the District and a Well Construction Permit shall be issued prior to the abandonment of any well, including an incomplete well.

(2) – (4) No change.(5) The "Well Grouting/Abandonment Form,", Form No. LEG-R.041.00 (4/09) incorporated herein

adopted by reference in Rule 40D-1.659, F.A.C., will be used to document the well abandonment. Copies of this form can be obtained at the District’s website at www.watermatters.org. or from District offices.

Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.206, 373.207, 373.209, 373.306, 373.308, 373.309, F.S. History – New 7-1-90, Amended 9-30-91,12-31-92, 7-2-98, 9-26-02, 2-26-07, 8-19-08, ________.

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40D-4.042 Formal Determination of Wetlands and Other Surface Waters.

(1) No change.(2) To petition for a formal determination, the petitioner must submit to the District the following: (a) Five copies of a Petition for a Formal Determination of the Landward Extent of Wetlands and

Surface Waters, Form No. 547.27/FJDS (4/09) which is incorporated herein adopted by reference into Rule 40D-1.659, F.A.C., including copies of all items required by that form. This form can be obtained from the District’s website at www.watermatters.org. or from District offices.

(b) A non-refundable formal determination fee as specified in Rule 40D-1.607, F.A.C (3) – (8) No changes.

Rulemaking Specific Authority 373.044, 373.113, 373.421(2), F.S. Law Implemented 373.421(2), F.S. History – New 10-3-95, Amended 7-2-98, 2-14-00, 5-28-00, 7-29-02, 2-27-03, _________.

40D-4.091 Publications, Forms and Agreements Incorporated by Reference. The following documents are hereby incorporated by reference and are applicable to into this chapter and Chapters 40D-40 and 40D-400, F.A.C.:

(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District, __________ June 22, 2008. This document is available from the District’s website at www.watermatters.org. or from the District upon request.

(2) Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Southwest Florida Water Management District and Department of Environmental Protection, dated July 1, 2007. This document is available from the District’s website at www.watermatters.org or from the District upon request.

(3) Chapter 62-344, F.A.C., Delegation of Environmental Resource Program to Local Governments(8/29/1995), available from the Florida Department of Environmental Protection at 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(4) Memorandum of Understanding Between the Southwest Florida Water Management District and the Environmental Protection Commission of Hillsborough County Regarding Coordination of Regulatory Activities, dated October 19, 2005, available from the District upon request.

(5) Operating Agreement Between the U.S. Army Corps of Engineers and the Southwest Florida Water Management District (SWFWMD) Located within the Geographical Limits of the SWFWMD in Florida, Pursuant to Programmatic General Permit (PGP) PGP-SAJ-95, effective March 24, 2008,available from the District upon request.

(6) Mitigation Bank Form Documents. The following forms are incorporated herein by reference and are available from the District’s website at www.watermatters.org. or from the District upon request:

(a) Mitigation Bank Performance Bond to Demonstrate Construction and Implementation Financial Assurance, Form MB/PB (4/09);

(b) Mitgation Bank Irrevocable Letter of Credit to Demonstrate Construction and Implementation Financial Assurance, Form MB/ILC (4/09);

(c) Mitigation Bank Trust Fund Agreement to Demonstrate Construction and Implementation Financial Assurance, Form MB/CIFA (4/09); and

(d) Mitigation Bank Trust Fund Agreement to Demonstrate Perpetual Management Financial Responsibility, Form MB/PMFA (4/09).

Rulemaking Specific Authority 373.044, 373.046, 373.113, 373.171, 373.414, F.S. Law Implemented 373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441, F.S. History – New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00,

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6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-23-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08, ________.


(1) Applications for Environmental Resource Permits required by this chapter shall be filed with the District in accordance with the requirements of this chapter and Chapter 40D-1, F.A.C. The application shall consist of:

(a) The information required in subsection 373.413(2), F.S.; (b) Five copies of the Joint Aapplication for Environmental Resource Permit/Authorization to Use

State Owned Submerged Lands/Federal Dredge and Fill Permit, Fform No. 547.27/ERP (4/09),incorporated herein by reference identified in Chapter 40D-1, F.A.C., with applicable supplements,sections A through K, copies of which can be obtained from the District’s website at www.watermatters.org or from the District offices;

(c) Five copies of drawings, calculations, environmental and construction information, and engineering details sufficient to define the nature, scope, intent and functioning of the work proposed;

(d) The appropriate fee as specified in Chapter 40D-1, F.A.C.; and (e) Such other information as is reasonably necessary to determine that the surface water management

system meets the conditions of this chapter. (2) – (6) No change. (7)

Rulemaking Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.042, 373.413, F.S. History – Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-4.06(1), (2), Amended 10-1-84, 3-1-88, 10-3-95, 10-16-96, 12-16-97, 2-27-03, 9-10-08, _______.

40D-4.331 Modification of Permits.

An application for modification of an Environmental Resource Permit shall be processed in accordance with this rule, unless the permit is revoked or expired.

(1) No change.(2) Applications to modify a construction permit shall be made by formal or Short Form modification: (a) Formal modifications 1. Except for those projects meeting the criteria for Short Form modifications in subsection (b), an

alteration of the design of the surface water management system shall be reviewed in accordance with the same criteria as new applications pursuant to Rules 40D-4.101, 40D-4.301 and 40D-4.302, F.A.C. Application for a formal modification of an Environmental Resource Permit shall be made using the same forms as are used for initial permit applications and which are incorporated by reference in paragraph 40D-4.101(1)(b), F.A.C.

2. A request for modification involving construction within an outparcel of a permitted commercial or industrial development should be made using the General Environmental Resource Permit (ERP) Application for Modification Related to Outparcel Construction Within Permitted Commercial/Industrial Projects, District Form No. LEG-R.001.0100 (4/09) (2/05), incorporated herein adopted by reference in Rule 40D-1.659, F.A.C. A copy of the form can be obtained from the District’s website at www.watermatters.org. or from the District offices.

3. No change.(b) Except for projects identified in paragraph subsection (2)(a), applications to modify a permit may

be made by submittal of an "Environmental Resource Permit Modification Short Form," Form No. LEG-R.013.01 (4/09) incorporated herein adopted by reference in Rule 40D-1.659, F.A.C., a copy of which can

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be obtained from the District’s website at www.watermatters.org or from District offices, provided the requested modification does not:

1. Substantially alter the permit authorization, 2. Increase the authorized off-site discharge, 3. Impact the environmental features of the project, 4. Decrease the required retention/detention, 5. Decrease the required flood control elevations for roads or buildings, or 6. Decrease pollution removal efficiency. (3) and (4) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.413, 373.416(1), 373.429, 373.805, F.S. History – Readopted 10-5-74, Formerly 16J-4.13, Amended 10-1-84,3-1-88, 10-1-88, 6-29-93, 10-3-95, 7-23-96, 2-1-05, 2-6-07, 12-24-07, 1-8-08, 5-12-08, _________.

40D-4.351 Transfer of Permits.

(1) Transfer of Ownership. (a) A permittee shall notify the District within 30 days of any sale, conveyance or any other transfer

for a permitted surface water management system or the real property at which the system is located. Submittal of a completed “Notification and Request for Transfer of Environmental Resource Permit,”Form No. LEG-R.043.00 (4/09), incorporated herein by reference is required. The form can be obtained from the District’s website at www.watermatters.org or from District offices.

(b) – (d) No change.(2) Conversion to Operation Phase. (a) In order to convert an Environmental Resource Permit from the construction phase to the

operational phase, the permittee shall submit the following: 1. A completed The Statement of Completion and Request for Transfer to Operation Entity, Fform

547.27/SOC (4/09), incorporated herein by reference, copies of which can be obtained from the District website at www.watermatters.org or from the District offices identified in Chapter 40D-1, F.A.C.; and

2. Documentary evidence of satisfaction of permit conditions, other than long-term monitoring. (b) – (d) No change. (3) Operation Phase Inspection Requirements. Permittees required to conduct and report on periodic

inspection of the permitted system shall submit a Statement of Inspection for Proper Operation and Maintenance, Form No. LEG-R.044.00 (4/09), incorporated herein by reference. Copies of the form can be obtained from the District’s website at www.watermatters.org or District offices.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(2), 403.805, FS. History - New 10-1-84, Amended 6-29-93, 10-3-95, 7-22-03, 2-1-05, 5-4-05, 12-24-07,_____________.

40D-4.381 General Conditions.

(1) The following general conditions shall be a part of all permits issued pursuant to this chapter and Chapter 40D-40, F.A.C.

(a) – (l) No change.(m) Within 30 days after completion of construction of the permitted activity, the permittee shall

submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form adopted by reference in Rule 40D-4.351 40D-1.659, F.A.C.

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Additionally, if deviation from the approved drawings are discovered during the certification process the certification must be accompanied by a copy of the approved permit drawings with deviations noted.

(n) – (x) No change.(2) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.042, 373.403, 373.409, 373.413, 373.414, 373.416, 373.426, F.S. History – Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-4.06(7), 16J-4.11, 16J-4.10(3), Amended 10-1-84, 3-1-88, 10-3-95, 10-16-96, 10-11-01, 2-19-04, 12-24-07, ________.

40D-40.044 General Permit for Site Conditions Assessment.

(1) This general permit identifies and documents the boundaries of certain existing topographic and environmental site conditions within the applicant’s project area that are measurably associated with waters, as described in the application. To obtain a site conditions assessment permit, an applicant must submit five complete copies of a Permit Application for Site Conditions Assessment, Form 547.27/SCA(4/09), which form is incorporated herein by reference, and all requested supporting information. Copiesof the form can be obtained from the District’s website at www.watermatters.org or at District offices.


Rulemaking Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented 373.413, 373.414, 373.416, 373.419, F.S. History – New 7-23-96, Amended 9-26-02, _________.

40D-40.112 Content of Application for General Permits.

(1) To apply for a general permit, including an application for a general permit for minor surface water management systems, the applicant shall file with the District the application form identified and adopted by reference in paragraph 40D-4.101(1)(b) Rule 40D-1.659, F.A.C


Rulemaking Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented 373.413, 373.414, 373.416, 373.419, F.S. History – New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96, 10-16-96, 9-26-02, 2-19-04, 9-10-08, ______.

40D-40.331 Modification of Permits.

A request for modification to extend a permit issued under this chapter shall be made in accordance with this rule. Requests to modify permits shall be made:

(1) In accordance with Rules 40D-4.091, 40D-4.331, 40D-40.040, 40D-40.112, 40D-40.301 and 40D-40.302, F.A.C., for general construction and operation permits and as applicable for all site conditions assessment permits; or

(2) By submittal of a Modification Short Form application incorporated adopted by reference in paragraph 40D-4.331(2)(b), Rule 40D-1.659, F.A.C., for general construction and operation permits provided the requested modification does not exceed the conditions of paragraph 40D-4.331(2)(b), F.A.C.

Rulemaking Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented 373.413, 373.416(1), 373.429, F.S. History – New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96, 4-17-97, 9-26-02, 5-12-08,_________.

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40D-40.381 General Conditions. The general permits issued pursuant to this chapter shall be subject to the following limiting conditions;

(1) No change.(2) No change.(a) and (b) No change.(c) A site conditions assessment permit is the first phase of a construction permit. A site conditions

assessment permit shall neither authorize construction, alteration, operation or maintenance of any surface water management system nor imply approval of any such activities in, on or over any wetlands or other surface waters, or elsewhere. At the time of application for modification of a site conditions assessment permit to a construction permit for a project area, the permittee shall submit a copy of the deed or other evidence or ownership, evidence of an easement or other documents evidencing authorization to perform the proposed work as provided in the environmental resource permit application form incorporated by reference in paragraph 40D-4.101(1)(b) Chapter 40D-1, F.A.C.


Rulemaking Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented 373.117, 373.413, 373.414, 373.416, 373.419, F.S. History – New 10-1-84, Amended 3-1-88, 10-3-95, 7-23-96, 9-26-02, 8-3-03, 2-19-04, 5-4-05, ______.

40D-400.491 Noticed General Permit for Raising the Height of Exiting Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone.

A general permit is hereby granted to increase the height of an existing earthen embankment used for the impoundment of water at sand and limestone mining facilities, provided:

(1) – (6) No change.(7) Within 30 days after completion of construction of the permitted activity, the permittee submits a

written notice of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, to the permitting agency, in accordance with the Statement of Completion and Request for Transfer to Operation Entity form as adopted by reference in paragraph 40D-4.351(2)(a) Rule 40D-1.659, F.A.C.

Rulemaking Specific Authority 373.044, 373.118, 373.414, F.S. Law Implemented 373.413, 373.419, F.S. History – New: 1-24-02,___________.

40D-400.500 General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems.

(1) – (2) No change.(3) The Application shall include the information contained in the Application Procedure for a

Noticed General Permit for a Minor Silvicultural Surface Water Management System and Notice of Intent to Construct a Minor Silvicultural Surface Water Management System Pursuant to Section 40D-400.500,F.A.C., Form 547.27/NOI (4/09), which document is incorporated herein by reference and can be obtained from the District’s website at www.watermatters.org. or from District offices appropriate District form identified in Chapter 40D-1, F.A.C.

(4) No change.(5) In order to qualify for this general permit, the systems identified in subsection (4) of this section

must meet the following performance standards: (a) – (g) No change.(h) In addition to the performance standards set forth in (a) – (g) above, the applicant, in undertaking

the activities authorized herein, must utilize the best management practices set forth in the "Silviculture Best Management Practices Manual" (2008) (2003) published by the Division of Forestry, Florida

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Department of Agriculture and Consumer Services, which is incorporated herein by reference and can be obtained from the Division of Forestry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650.

(i) No change.(6) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.118, F.S., Law Implemented 373.413, 373.414, 373.416, 373.419, F.S. History – New: 10-3-95, Amended 5-4-05, ______.

Chapter 40D-26, F.A.C.

40D-26.201 Program Application. (1) No change. (2) Applicants for funding shall submit to the District the information required on District Form LEG-R.22.0100 (4/09) (8/08) adopted and incorporated by reference in this rule. This form is available from the District’s website at www.watermatters.org or from the District upon request. (3) No change.Rulemaking Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.0831(3), 373.196(1), 373.1961(3), F.S. History-New 1-5-09, _______.

WATER USE PERMIT BASIS OF REVIEW

1.4.1 SOUTHERN WATER USE CAUTION AREA (SWUCA) APPLICATION FORMSAll Permit Applicants in the Southern Water Use Caution Area (SWUCA) shall submit the“Supplemental Form – Southern Water Use Caution Area,”, Form No. LEG-R.007.021 (4/09)(11/07) incorporated by reference in subsection 40D-2.101(6), Rule 40D-1.659(21), F.A.C., in addition to the appropriate application and supplemental form(s) described in Section 1.4, above. Applicants for public supply quantities of 100,000 gallons per day or more, including water imported wholesale, shall submit the “Public Supply Supplemental Form - Southern Water Use Caution Area,”, Form No. LEG-R.012.00 (09/07) incorporated by reference in paragraph 40D-2.101(6)(a) Rule 40D-1.659 (25), F.A.C. Permit Applicants in the SWUCA shall also submit the following application and supplemental forms as appropriate for their situation and intended water use type as described in Chapters 3 and 4 of Part B of the Basis of Review for Water Use Permit Applications, of the Water Use Permit Information Manual and incorporated by reference in Rule 40D-2.101 40D-1.659 (22) and (23) and (24), F.A.C.:

1. “Alternative Water Supply Supplemental Form – Southern Water Use Caution Area”, Form No.LEG-R.009.00 (09/07);

2. “Net Benefit Supplemental Form - Southern Water Use Caution Area”, Form No. LEG-R.010.0100(4/09) (09/07),; and

23. “Southern Water Use Caution Area Ground Water Replacement Credit Application”, Form No.LEG-R.011.0100 (4/09)(09/07),.All SWUCA application forms may be obtained from the District’s website at www.watermatters.org or from any District Service Office and from the District's website at www.watermatters.org.New 11-25-07, Amended 5-12-08, _____________.

1.5 APPLICATION SUPPORT INFORMATION Applications for large withdrawals or for withdrawals in hydrologically or environmentally sensitive areas may require detailed site-specific information in support of the application. The supporting information may include an aquifer test program, water quality surveys, well inventories, and environmental assessments. The need for supporting information will be based on the size of the proposed withdrawal, aquifer characteristics in the region,

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sensitivity of the environment, density of nearby existing withdrawals, and proximity of existing data. Persons who are considering an application for a permit may meet with District staff to discuss the type and amount of detailed site-specific information needed to support the application. Applicants proposing to construct new wells may want to submit as part of their application a completed Proposed Well Construction Location and Design Form, Form No. LEG-R.006.01 (4/09) incorporated by reference in subsection 40D-2.101(5), F.A.C, to provide information concerning the proposed well design. Copies of the form are available from the District’s website at www.watermatters.org or from District offices.

3.3 AGRICULTURE

Calculation Of Allocation Within The SWUCA--An applicant or permittee within the Southern Water Use Caution Area may obtain the total allocated acre-inches per acre per season for its crops, plants, soil types, planting dates, and length of growing season by utilizing procedures described in Design Aid 4, Part C, Water Use Permit Information Manual, which is available from the District upon request, or complete the Agricultural Irrigation Water Allotment Form, Form No. LEG-R.042.00 (4/09), incorporated by reference in subsection 40D-2.101(5), F.A.C., and submit it to the District. Copies of the form can be obtained from the District’s website at www.watermatters.org or District offices. The District will complete and return the form calculating total allocated acre-inches and water-conserving credit per acre per season per crop based on the information provided. A permit applicant or permittee may use alternative methods for calculating water use needs subject to District review and written approval. 1-1-03, _________

REPORTING REQUIREMENTS FOR IRRIGATION WATER USE WITHIN THE SWUCA

To ensure compliance with the total allocated acre-inches per acre per season per crop or plant and the assigned efficiency standards, the District requires the following data to be submitted.

Crop Reports—All Individual and General Water Use permittees shall record for each metered withdrawal point the following information on the applicable Irrigation Water Use Form incorporated herein by reference in Rule 40D-1.659, GROUNDWATER (26), (28) and (29), F.A.C., according to crop type. Applicable forms are: Irrigation Water Use Form – Annual Crops, SWUCA, Form No. LEG-R.018.01 (4/09), Irrigation Water Use Form – Summer/Fall Seasonal, SWUCA, Form No. LEG-R.019.01 (4/09), and Irrigation Water Use Form – Winter/Spring Seasonal, SWUCA, Form No. LEG-R.020.01 (4/09). Permittees who Those that irrigate seasonal crops (examples: vegetables or other row crops) shall provide items 1. through 8. Permittees who Those that irrigate annual crops and plants (examples: citrus, blueberries, commercial hay, sod, nurseries, pasture) may omit items 6. and 7.:

1. Crop type; 2. Monthly irrigated acres per crop for seasonal crops; annual irrigated acres for annual crops; 3. The dominant soil type or acres by dominant soil type; 4. Irrigation method(s); 5. Use or non-use of plastic mulch; 6. Planting dates; 7. Season length; and 8. Crop protection quantities.

Forms can be obtained from the District’s website at www.watermatters.org. or District offices.

1-1-03, Amended 12-30-08, _________.

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3.7 RECREATION OR AESTHETIC

REPORTING REQUIREMENTS FOR RECREATION OR AESTHETIC IRRIGATION WATER USE WITHIN THE SWUCA

To ensure compliance with the total allocated acre-inches per acre per season per crop or plant and the assigned efficiency standards, the District requires the following data to be submitted by all Individual or General Water Use permittees.

Irrigation Water Use Report-- The following information shall be reported on the Irrigation Water Use Form - Annual Recreation/Aesthetic/Golf, SWUCA, Form No. LEG-R.018.0100 (4/09) (8/08)incorporated by reference in paragraph 40D-2.091(2)(c) Rule 40D-1.659, GROUNDWATER (27),F.A.C., for all recreational and aesthetic irrigation (examples: golf course turf, sports field turf, lawn and landscape in parks, playgrounds, theme parks, etc.):

1. Irrigated plant type (golf course turf, lawn and landscape, sports field); 2. Total acres per plant type; 3. Acres shrubs and/or trees; 4. Number of acres of tees and greens; and 5. The dominant soil type or acres by dominant soil type.

A copy of the form can be obtained from the District’s website at www.watermatters.org. or District offices.

New 12-30-08, Amended __________.

ERP BASIS OF REVIEW

2.6.1 Acceptable Entities - The following entities or persons are acceptable to satisfy the requirements of Rules 40D-4.301(1)(i) and (j), and 40D-4.381(1)(o), F.A.C.:a. –e. No changef. The permittee, provided that:1. The property is wholly owned by the permittee and ownership is intended to be retained; or2. The project is a residential subdivision, condominium, commercial subdivision or industrial park and responsibility for the operation and maintenance of the surface water management system facilities will be transferred to a homeowners' association, property owners' association, condominium owners' association or master association. The transfer of responsibility shall occur upon completion of the firstreinspection of the surface water management system conducted pursuant to the permit following transfer to the operation phase, unless at the time of the first reinspection, the permittee requests, in writing, that the transfer of responsibility to the association occur at some specified later date. The District shall approve such request in the permittee demonstrates that it can perform all necessary operation and maintenance responsibilities during the extended time period. In any event, within thirty (30) days after the sale of the last lot, parcel or unit in the project, the permittee shall request the transfer of responsibility for the operation and maintenance of the surface water management system facilities to the association. The permittee must submit to the District a Notification and Request for Transfer of Environmental Resource Permit, Form No. LEG-R.043.00 (4/09), incorporated by reference in subsection 40D-4.351(1), F.A.C. O&M/ASGN (__/99). This form is available from the District’s website at www.watermatters.orgor upon request at any District service office. The District must approve the transfer in writing before the transfer of responsibility to the association is effective. Protective covenants, deed restrictions or a declaration of condominium must be recorded for this option in accordance with section 2.6.2.2.6 below; or3. No change.

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2.6.2.2.1. If a homeowners' association, property owners' association or master association is proposed, the applicant shall submit, with the permit application, Section K, Supplemental Information for Homeowner or Property Owner Associations Documents, incorporated by reference in Rule 40D-4.1011.659, F.A.C., draft copies of the articles of incorporation for the association, the declaration of protective covenants or deed restrictions, and a reference map or plat if referred to in the documents. Copies of thesedocuments in their final form shall be submitted either: (1) within 180 days after beginning construction or with the Statement of Completion and as-built construction plans if construction is completed prior to 180 days, or (2) prior to lot or parcel sales, whichever occurs first. Where there will be a delayed transfer to the association, a copy of the association's articles of incorporation in final form shall be submitted to the District prior to transfer of operation and maintenance responsibility to the association. "Final form" as applied to the articles of incorporation for the association means the document as filed with the Florida Department of State, Division of Corporations, including the certificate of incorporation. "Final form" as applied to the declaration of protective covenants or deed restrictions means the document as recorded in the official records for the county where the project is located, including the clerk of court's officialrecord book and page numbers. The final documents shall be the same as the draft documents approved by the District during the permit application review process with respect to the provisions required pursuant to sections 2.6.2.2.4, 2.6.2.2.5, and 2.6.2.2.6. The District's approval of any proposed changes to the final documents regarding these provisions must be obtained in writing prior to their inclusion in the final documents.

2.6.2.2.2 If a condominium association is proposed, the applicant shall submit, with the permitapplication, Section K, Supplemental Information for Homeowner or Property Owner Associations Documents, incorporated by reference in Rule 40D-4.101 40D-1.659, F.A.C., draft copies of the articles of incorporation for the association and the declaration of condominium. The applicant shall also submit a copy of the acceptance letter from the Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes, stating the documents are proper for filing. Copies of these documents in their final form shall be submitted either: (1) within 180 days afterbeginning construction or with the Statement of Completion and as-built construction plans if construction is completed prior to 180 days, or (2) prior to unit sales, whichever occurs first. Where there will be a delayed transfer to the association, a copy of the association's articles of incorporation in final form shall be submitted prior to transfer of operation and maintenance responsibility to the association. "Final form" as applied to the declaration of condominium means the document as recorded in the official records for the county where the project is located, including the clerk of court's official record book and page numbers. The final documents shall be the same as the draft documents approved by the Districtduring the permit application review process with respect to the provisions required pursuant to sections 2.6.2.2.4, 2.6.2.2.5, and 2.6.2.2.6. The District's approval of any proposed changes to the final documents regarding these provisions must be obtained in writing prior to their inclusion in the final documents.

2.6.2.3 Requirements for Small Subdivisions with the Lot Owners as the Operation and Maintenance Entity - The declaration of protective covenants or deed restrictions for residential subdivisions consisting of ten (10) lots or less and for which the lot owners are proposed as the operation and maintenance entity shall contain the provisions in subsections 2.6.2.2.5.a, c, h, and i, and the following additional provisions:

a. through e. No change. The applicant shall submit, with the permit application, Section K, Supplemental Information for Homeowner or Property Owner Associations Documents, incorporated by reference in Rule 40D-4.10140D-1.659, F.A.C., a draft copy of the declaration of protective covenants or deed restrictions, and a reference map or plat if referred to in the document. A copy of the declaration of protective covenants or deed restrictions in its final form shall be submitted, either: (1) within 180 days, of (2) prior to lot sales,

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whichever occurs first. "Final form" as applied to the declaration of protective covenants or deedrestrictions means the document as recorded in the official records for the county where the project is located, including the clerk of court's official record book and page numbers. The final documents shall be the same as the draft documents approved by the District during the permit application review process with respect to the provisions required pursuant to this section. The District's approval of any proposed changes to the final documents regarding these provisions must be obtained in writing prior to theirinclusion in the final documents.

2.6.3 Future Operation and Maintenance - The operation and maintenance entity is required to provide for the inspection of the surface water management system by a Florida registered Professional Engineer to assure that the system is properly operated and maintained. Inspection schedules will be specifically stated in the permit. For those systems utilizing effluent filtration or exfiltration, the inspections shall be performed 18 months after operation is authorized and every 18 months thereafter. A written report of the findings of the inspection shall be submitted on the Statement of Inspection for Proper Operation and Maintenance, Form No. LEG-R.044.00 (4/09), incorporated by reference in subsection 40D-4.351(3), F.A.C., and filed with the District within thirty (30) days of the date of the inspection. The permit shall be subject to additional reasonable conditions as are necessary, including performance bonds, to ensure future operation and maintenance of the surface water management system.

2.7 Statement of Completion - When a system permitted by the District is constructed, a Florida registered Professional Engineer or person under their responsible supervision, direction or control must be on the construction site as needed to certify that the system was constructed as permitted. The owner, authorized agent or engineer must certify that the system was constructed as permitted and, if applicable, in compliance with Rule 40D-40.301, F.A.C., prior to issuance of the operation authorization or any transfer of operation and maintenance responsibility utilizing the Statement of Completion and Request for Transfer to Operation Entity form identified and adopted by reference in Rule 40D-4.351 40D-1.659,F.A.C.

3.4.1 Procedure - To petition for a formal determination, the petitioner must submit to the District the following:a. Five copies of the Petition for Formal Determination of the Landward Extent of Wetlands and Surface Waters, Form 547.27/FJDS (4/09) as incorporated identified in paragraph Rule 40D-4.042(2)(a) 40D-1.659, F.A.C., including copies of all items required by the form, andb. The appropriate non-refundable formal determination fee pursuant to Rule 40D-1.607, F.A.C.

L:\ \Rules\Amendments to Incorporate District Forms Into Rules.docx

87

Item 17


Resource Management Committee

Appraisal and Purchase/Sale Agreement - Lake Hancock Project, SWF Parcel No. 20-503-204P

PurposeThe purpose of this item is to request the Governing Board approve the purchase of an easement over 166.27 acres located southwest of Saddle Creek, owned by Florida Audubon Society, Inc, as part of the District’s Lake Hancock project. A general location map of the parcel in relation to the project (Exhibit 1) and a detailed map of the parcel (Exhibit 2) are included in the board packet as exhibits to this item.

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

Ground-water withdrawals in the SWUCA have resulted in declines in aquifer levels throughout the SWUCA and contribute to reduced flows in the upper Peace River. The District determined that it is not feasible to reduce groundwater withdrawals to achieve the minimum flows for the upper Peace River. The Project is critical in the District's strategies for meeting the minimum flows in the upper Peace River. The goal of the Project is to store water by raising the control elevation of the existing outflow structure on Lake Hancock from 98.7 to 100.0 feet and to slowly release water during the dry season to help meet the flow requirements in the upper Peace River. Historically, prior to man-made alterations, the lake level was approximately one to two feet higher than the current operating level. The Project is anticipated to recover up to approximately 50 percent of the minimum flows for the upper Peace River.

Project/Parcel Benefits – In addition to the Lake Level Project providing up to 50 percent of the minimum flows for the upper Peace River, the Project will also improve the function of approximately 1,000 acres of wetlands around the lake and preserve approximately 4,800 acres of floodplain. As of March 1, 2009, the District has acquired 7,121 acres in fee simple interest and 763 acres via perpetual conservation/inundation easements within the project; acquired or placed under contract 93 percent of the land needed for the project; and accomplished this through acquiring the land and rights through 35 transactions, with the remaining acreage divided between 38 parcels.

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Item 17Property DescriptionLocation and Access – The easement would encompass 166.27 acres of the total 214.34 acresof this property which is an unimproved parcel located southwest of Saddle Creek. The property is located in an area of previously mined lands, is heavily wooded, and access to the parent tract has not been developed. The parent tract has approximately 35.34 acres, or 16 percent, ofuseable upland which has been previously mined for phosphate. The easement acquisition isprimarily within the flood-prone sections of the parent tract along Saddle Creek, a Federal Emergency Management Agency (FEMA)-designated floodway.

Utilities and/or Improvements – Public electric and telephone service would be available to the property if developed. Water and sewer would be though private wells and septic systems.There are not any site improvements.

Zoning – The property is under three zoning classifications based on the Polk County Comprehensive Plan which governs zoning in the unincorporated areas of the county.Agriculture/Residential Rural (A/RR) which provides for the continuation of productive agricultural uses and for very low density residential development within unincorporated rural areas The maximum density is on dwelling per five acres and the minimum lot size is five acres.Recreation and Open Space (ROS) which provides for the use and development of lands accessible to the public oriented toward recreational activities and services. Business Park Center-1 (BPC-1) provides for office and business park development

Summary of Appraisal and Value Comparisons - In accordance with District policy, oneappraisal was obtained for the parcel from Nicolas J. Mancuso, MAI of Mancuso Appraisal Services, Inc. Stephen Jamir, of Jamir & Associates, Inc, reviewed the appraisal report. The appraisal report was prepared between June 10, and August 12, 2008 and has effective valuation date of June 10, 2008. The report meets the necessary legal or District requirements and contains the appraiser’s factual data leading to the value conclusion. The reviewer concurred with the value opinion in the appraisal.

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

The appraiser applied the Sales Comparison Approach (Market Approach) to determine thevalue of this property. The appraiser relied on recent sales of comparable property in PolkCounty. The sales were adjusted for differences that included size, access, andsoils/topography. The appraiser did not find any curable or incurable damages to becompensated.

Sellers’ Compensation

Appraised Value - MancusoValue of Whole Value of Easement

$95,250 $750,200 $76,200

The total acquisition cost of this property is $95,250 payable to the seller. The negotiated purchase price of $95,250 is 25 percent above the appraised value.

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

89

Item 17

Purchase Agreement• Total contract amount of $95,250.• The sellers will agree to deliver marketable title free of all encumbrances objectionable to the

District.

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

Staff Recommendation: See Exhibits

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

Presenter: Eric Sutton, Director, Land Resources Department

90

Saddle Creek

Phy llisBranch

Peace Creek

Banana Creek

Lake Lena Run

Saddle Creek

Peace River

P

17

92

98

60

542

540

540A

655

570

Highland City

Lake Hancock

0 1 2

Miles

Lake Hancock

BananaLake

SWF Parcel No.20-503-204P

SWF Parcel No.20-503-204P

SWFWMD Fee Acquisition

Other Conservation Lands

Proposed SWFWMD Easement Acqusition

Other Publicly Owned Lands

Proposed SWFWMD Fee Acquisition

SWF Parcel No. 20-503-204P

SWFWMD Easement

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92

Item 18



Appraisals, Purchase/Sale Agreement and Resolution Requesting Funds – Bowlegs Creek/ Crooked Lake Project, SWF Parcel No. 20-697-124

PurposeThe purpose of this item is to request the Governing Board approve the reimbursement to Polk County for 50 percent of acquisition costs related to the purchase of 77.3 acres and accept a 50 percent title interest in the property as part of the District’s Bowleg Creek/Crooked Lake Project. A general location map of the parcel is included in the board packet as an exhibit to this item.

Background and HistoryOn April 29, 2008 the Governing Board approved an interlocal agreement with Polk County to provide for the acquisition and management of two parcels in the Bowlegs Creek/Crooked Lake project, a portion of which is encumbered by a Wetlands Reserve Program (WRP) conservation easement in favor of the United States Commodity Credit Corporation working through the Natural Resources Conservation Service (NRCS). At that time, the Britt tract was being negotiated and the Board was advised approval would be sought when negotiations were finalized. The acquisition of the parcel is now being presented for approval. To date, the District and Polk County have acquired 3,508 acres within the Bowlegs Creek/Crooked Lake project. Ageneral location map of the parcel is included in the board packet as an exhibit item.

Partnership – The acquisition of this parcel involves the District, the NRCS WRP, and the Polk County Environmental Lands Program. The NRCS has already acquired the WRP conservation easement over the parcel; and in January 2009 Polk County acquired fee title, subject to theeasement, for $295,000. The partnership involves the District reimbursing Polk County on-half of the purchase price and accepting 50 percent title interest in the property.

Restoration Opportunities – Fee ownership is necessary to take advantage of the significant hydrologic restoration opportunities that exist in conjunction with the purchase of the Stuart tract to the north. These efforts would enhance flood storage capacity, groundwater recharge, and increase detention time for water quality treatment. Restoration activities will be undertaken and funded by the NRCS and will result in a return to more normal hydroperiods and would enhance the broad prairie wetland system and marshes located on this tract.

Acquisition of this tract is consistent with the District’s Florida Forever Work Plan and will meet the following Florida Forever goals:• Enhance the coordination and completion of land acquisition projects• Increase the protection of Florida's biodiversity at the species, natural community, and

landscape levels• Protect, restore, and maintain the quality and natural functions of land, water, and wetland

systems of the state• Increase natural resource-based public recreational and educational opportunities

Property DescriptionLocation and Access – The property consists of approximately 77.3 acres and has approximately 1,025 feet of frontage on the west side of US 27, a four-lane, paved, public road.It is approximately five miles south of Lake Wales.

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Item 18Zoning – The property is zoned A/RR (Agriculture/Rural Residential) based on the Land Use Classification. This allows general agriculture uses, single-family residences, conservation and general recreation. The maximum density is one single-family residence per five gross acres.

Utilities and/or Improvements – Electricity and telephone service are available along US 27.Public water and sewer are not available. The property has a 1995 double-wide mobile home,shed, two four-inch wells and is fenced. It has approximately 54 acres of wetlands and 23 acres of uplands.

Summary of Appraisals and Value Comparisons – Polk County obtained two appraisals from Andrew Hupp, MAI, with Hupp Realty Advisors, Inc. and Joseph S. String, MAI, with String Appraisal Services, Inc. The appraisal reports were prepared on November 21, 2007, and November 8-16, 2007, respectively, with an effective date of value of October 19, 2007 (Hupp) and November 14, 2007 (String). Both meet the necessary legal or District requirements and contain the appraisers’ factual data leading to the value conclusion. In accordance with District policy, the appraisals were reviewed for the District by Frank A. Catlett, MAI, with Trigg, Catlett & Associates on January 8, 2008.

Highest and Best Use – The highest and best use, as determined by the appraisers, based on the physically possible, legally permissible and financially feasible uses for this property, as encumbered by the WRP easement, would be for recreational use with a single residence.

The appraisers applied the Sales Comparison Approach (Market Approach) and Cost Approach to determine the value of this property. The appraisers relied on recent sales of comparable property in Polk, Volusia, Seminole and DeSoto counties. The sales were adjusted for differences that included, date of sale, road frontage/access, size, land type/utility/physical characteristics, and development rights/agricultural rights.

The following is a comparison of the total purchase price of remainder fee interest to the appraised values:

The purchase price is equal to the String appraisal and is approximately 11 percent less than the Hupp appraisal. The District will pay 50 percent of the purchase amount, or $147,500 and,receive 50 percent interest in the title to the property.

Purchase AgreementThe purchase and sale agreement includes similar terms described in the discussion of the interlocal agreement. The specifics of the purchase and sale agreement are provided below:• The District will provide 50 percent of the purchase price of the remainder fee, contingent on

approval of funding through Florida Forever, and 50 percent of all direct acquisition costs.• The seller agreed to deliver marketable title free of all encumbrances objectionable to

Polk County and the District.• The property (with the exception of 2.8 acres) is encumbered by a WRP easement restricting

future development.• Completion of a boundary survey.• An environmental site assessment has been conducted.

Purchase Amount

(Remainder Fee)

Appraised Value String

(Remainder Fee)

Appraised Value Hupp

(Remainder Fee)Total Cost $295,000 $295,000 $332,000Per Acre Cost/Value $3,816 $3,831 $4,312Gross Acres 77.3 77.0 77.0

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Item 18

Costs/BenefitsManagement Agreement – The County will be the lead management agency for the project.Within one year of the acquisition date of the majority of the property in the project, the County will submit a management plan to the District. The management plan will set forth all proposed uses, and management and maintenance activities for the following five years, including habitat management, mitigation, restoration, completion of any natural resource inventories, monitoring, exotic species removal, prescribed burning, security measures, construction of facilities or other improvements and public access/recreational opportunities. The District agrees to reimburse the County up to 50 percent of the County’s or its contractor’s direct management costs in accordance with District Policy 610-011, Local Government Partnership Funding for District-Owned Lands. However, the District and the County agree to annually contribute a minimum of $10 per acre, if such an amount for management of the project is substantiated with supporting documentation. The District's payment of these costs is contingent upon the District's Governing Board appropriating funds for management of the project; and the County's payment iscontingent upon the Polk County Board of County Commissioners appropriating funds for management of the project.

Impact If Not Funded/FundingThe combination of the NRCS acquiring a conservation easement and the partnership with Polk County provide an opportunity for the District to cost-share the protection of important water resources within the Bowlegs Creek project. The following is a comparison of partnership contributions that account for acquisition to all rights of the Britt.

AgencyPurchase Amount (per acre)

Total Contribution to

Partnership

Percentage Contribution by

AgencyNRCS (WRP Easement) $6,425 $496,666 62.8%SWFWMD (Remainder Fee) 1,908 147,500 18.6%Polk County (Remainder Fee) 1,908 147,500 18.6%

Total $10,241 $791,666 100%

Funds for the District’s share are available from the Florida Forever Trust Fund. In order for Florida Forever funds to be released from the Trust Fund by the Florida Department of Environmental Protection, a resolution signed by the Governing Board must accompany the request.

This item will be presented to the Peace River Basin Board at its April meeting.


(1) Accept the appraisals;(2) Approve the purchase and sale agreement;(3) Approve the resolution requesting funds; and(4) Designate the parcel as having been acquired for conservation purposes.


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96

Item 19



Appraisals, Exchange/Purchase Agreement and Resolution Requesting Funds –Upper Hillsborough Project, SWF Parcel Nos. 10-400-167 and 10-400-168S

PurposeTo recommend the Governing Board approve the exchange of 3.39 acres (SWF Parcel No. 10-400-168S) owned by the District, and the acquisition of 33.32 acres (SWF Parcel No. 10-400-167) owned by Paul D. and Judith Schaper within the Upper Hillsborough Project. The value of the District ownership will be utilized as part of the consideration in this transaction. General location maps of the parcel are included in the board packet as exhibits to this item.

Background/HistoryThe property owner requested the District consider an exchange and purchase of property that will consolidate each of the respective ownerships and boundaries. Pursuant to Section 373.089 (4), Florida Statutes (F.S.), and Article X, Section 18 of the Florida Constitution, the Governing Board may dispose of District owned lands designated for natural resources conservation for other lands within the State upon a determination that the land to be exchanged is no longer needed for conservation purposes.

District staff supports the proposed exchange and acquisition due to the three-acre parcel having limited wildlife value (planted pine habitat), and its isolation from the District's core property, effectively eliminating any recreational benefits along with inefficient property management costs. The 33-acre Schaper property under consideration for acquisition has wildlife benefits; approximately half of the property is mesic flatwoods and has open marsh and slough areas. By obtaining this parcel adjacent to Berry Road, prescribed burns can be conducted on the property that will also facilitate burning larger blocks on the existing Upper Hillsborough tract.

Acquisition of this parcel is consistent with the District’s Florida Forever Work Plan which specifically identifies the Upper Hillsborough Project. The Schaper property is contiguous to 16,688 acres that the District currently owns in the Upper Hillsborough Project.

Acquisition of these lands will meet the following Florida Forever program goals: • Enhance the coordination and completion of land acquisition projects• Increase the protection of Florida's biodiversity at the species, natural community, and

landscape levels• Increase natural resource-based public recreational and educational opportunities

These Florida Forever goals are consistent with the District's goals for water resource management.

Property DescriptionLocation and Access – Both the District and Schaper properties are located along the northeast side of Berry Road, also known as, CR 35A, northwest of CR 54 in southeast Pasco County.

Utilities and/or Improvements – Electric is provided by Withlacoochee River Electric. The subject properties do not have public water and sewer service.

Zoning – Both the District and Schaper properties are zoned A-R agricultural residential district. This zoning allows single family dwellings with a minimum lot size of one acre. The Schapers provided information about development approvals for a ten-lot subdivision on the 33.32-acre property being offered to the District.

97

Item 19

Summary of Appraisals and Value ComparisonsIn accordance with District policy, two appraisals were obtained for these parcels. The reports were prepared by Robert S. Sutte, MAI with Real Property Analysts and from Woodman Herr with Herr Valuation Advisors, Inc. and were completed on September 5, 2008 and August 26, 2008, respectively. Both appraisals were reviewed by Stephen J. Jamir, MAI of Jamir and Associates, Inc. The appraisal reports meet the necessary legal or District requirements and contain the appraiser's factual data leading to the value conclusion.

Highest and Best Use – The highest and best use was determined by the appraisers to be low density single family residential development based on the physically possible, legally permissible and financially feasible uses for these properties.

The appraisers applied the Sales Comparison Approach (Market Approach) to determine the value of these properties. The appraisers relied on recent sales of comparable property in Pasco County. The sales were adjusted for differences that included, date of sale, location/access and physical characteristics including size and topography.

The following is a comparison of the appraised value for the District property offered for exchange as part of the compensation for the transaction:

The District exchange parcel is contiguous to the land that the Schapers currently own and use as their primary residence.

The following is a comparison of the appraised value of the Schaper property to be acquired by exchange:

The recommended cash offer considered the value difference between the appraisals for both the District and Schaper properties.

The following is a summary of the negotiated exchange including the District parcel and a cash payment:

Proposed Exchange OfferDistrict Parcel Value (10-400-168S) $95,000Cash Payment $570,000Total Consideration (10-400-167) $665,000

The proposed transaction includes the land exchange of SWF Parcel No. 10-400-168S which has been valued at $95,000 and a cash payment of $570,000. The total consideration for parcel 10-400-167 would be $665,000, or $19,958 per acre. The recommended exchange and purchase offer is approximately 18.5 percent below the appraised value in the Sutte reports and 19.8 percent below the appraised value in the Herr reports.

SWF Parcel No. 10-400-168S Offered as Exchange

3.39 Acres

RecommendedExchange

Value

Appraised ValueSutte

AppraisedValueHerr

Total Value $95,000 $86,500 $95,000Per Acre Value $28,024 $25,516 $28,024

SWF Parcel No. 10-400-167Schaper Property

33.32 AcresAppraised Value

SutteAppraised Value

HerrTotal Cost $816,000 $830,0000Per Acre Cost $24,490 $24,910

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Item 19Purchase Agreement• The seller agreed to deliver marketable title free of all encumbrances objectionable to the

District• An environmental site assessment will be completed prior to closing• Boundary surveys will be completed prior to closing.

Benefits/CostsManagement CostsIn Fiscal Year 2008 the District paid an average annual cost of $19.25 per acre for recurring management costs. Recurring management costs include, but are not limited to, fencing, prescribed burning, exotic species control, resource monitoring, road maintenance, recreational development, resource protection, restoration and contract administration. Based on the District's average annual management costs, it would cost $576.15 annually to manage the tract. No fixed capital outlay has been identified at this time.

Impact If Not Funded/FundingFunds are available from the Florida Forever Trust Fund. In order for funds to be released from the Trust Fund by the Florida Department of Environmental Protection, a resolution signed by the Governing Board must accompany the request.


Recommend the Governing Board:(1) Accept the appraisals;(2) Approve the Exchange/Purchase Agreement;(3) Approve the resolution requesting funds for SWF Parcel No. 10-400-167;(4) Declare SWF Parcel No. 10-400-168S as surplus and no longer needed for conservation

purposes (two-thirds majority required) and convey the property to Paul D. and Judith Schaper subject to the terms of the Exchange/Purchase Agreement; and

(5) Designate SWF Parcel No. 10-400-167 as having been acquired for conservation purposes.


99

Hillsborough River

Withlacoochee

River

98

35A

54

39

54A

Upper Hillsborough

0 0.53 1.06

Miles

SWF Parcel No.10-400-168S

SWFWMD Exchange Parcel

SWF Parcel No.10-400-167

Schaper Parcel


Other Conservation Lands

Proposed SWFWMD Easement AcqusitionProposed SWFWMD Fee Acquisition

SWF Parcel No.10-400-168SSWFWMD Exchange Parcel

SWFWMD Easement

SWF Parcel No.10-400-167Schaper Parcel

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101

Item 20



Lease Agreement with Polk County for the Dredging of Lake Hancock –SWF Parcel No. 20-503-239X

PurposeThe purpose of this item is to request the Governing Board’s approval of a lease agreement (Agreement) between the District and Polk County for the use of District property for activities associated with the dredging of Lake Hancock (Dredge Project). The proposed Dredge Project and lease will incur no cost to the District.

Background and HistoryPolk County has approached the District with a request for authorization to utilize a portion of the District-owned Hampton Tract adjacent to Lake Hancock for activities associated with Polk County’s proposed Dredge Project. According to Polk County’s proposal, dredging sediment from the lake bottom may result in improved water quality and habitat within the lake. The Hampton Tract was purchased in 2008 as part of the District’s Lake Hancock Lake Level Modification Project. A small portion of the tract will be used to process and store, for removal,dredge material recovered from the lake. The Hampton Tract is located at the northeast portion of Lake Hancock. The property’s proximity to the lake and to major access routes affords an ideal location for the Dredge Project. An aerial photograph is included in the board packet as an exhibit to this item.

Hayes-McKay Inc., a private firm, approached the County with a proposal to dredge Lake Hancock. With the benefit of initial testing, Hayes-McKay is confident that sediment dredged from the lake can be processed and sold as an organic fertilizer. The anticipated revenue to be gained from the Dredge Project is sufficient for Hayes-McKay to undertake the project at no cost to the District or to the County. The County subsequently approached the District with a request to enter into a lease agreement between the District and the County for the use of a portion of the Hampton Tract. According to the Agreement, the County will be given the latitude to enter into a contract with Hayes-McKay under specific conditions. Facilities including a processing plant, road and pipe infrastructure and a dewatering system will be constructed on the property to process dredge material. Impacts to the 1,177-acre Hampton Tract from activities associated with the Dredge Project will be restricted to portions of an abandoned 40-acre orange grove.The grove will be cleared by Hayes-McKay prior to construction of facilities and will be planted with native vegetation at the conclusion of the project.

The Dredge Project will be divided into three phases. The first phase will take eight months and will consist of material process testing with minimal impacts to the property. Temporary facilities will be utilized and activities during this phase will be conducted mostly at the lake’s edge.Phase two will require the utilization of the 40-acre grove and will consist of operations at one-fourth capacity for 18 months. Phase three, contingent upon favorable results from phase two,will last eight years and will consist of full-scale operations, demobilization and site restoration.According to the Agreement, the County will require Hayes-McKay to secure a performance bond for the duration of phases two and three to protect the District’s interest in the event Hayes-McKay abandons the Dredge Project prior to its completion. The performance bond will be issued in an amount equal to the cost of removing all of the contractor’s facilities from the Hampton Tract and to restore the tract to a condition acceptable to the District. If, at any time during the term of the Agreement for the Dredge Project, the County determines that continuing

102

Item 20the project is financially unfeasible, the County will restore any impacts to the property and terminate the Agreement. The County or its contractor will be responsible for all applicable permits, approvals and meeting any statutory requirements associated with the Dredge Project.This item will be presented to the Peace River Basin Board at its April meeting.

Costs/BenefitsAuthorizing Polk County’s use of the Hampton Tract for activities associated with the Dredge Project is a good faith effort by the District to support the County’s project which is intended to improve the water quality in Lake Hancock. The proposed Dredge Project will incur no cost to the District.


Approve a no-cost lease agreement with Polk County for the use of District-owned property for activities associated with the Dredge Project, SWF Parcel No. 20-503-239X.

Presenter: Chuck Lane, Senior Land Use Specialist, Land Resources Department

103

570540

542

District OwnershipFee Ownership

Conservation Easement

Perpetual Easement

Hampton Tract

40-Acre Orange Grove0 0.75 1.50.375 Miles

Exhibit - Lake Hancock Dredge AgreementSWF Parcel No. 20-503-239X

LakeHancock

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Item 21



Perpetual and Temporary Easements to City of St Petersburg to Relocate a 36-inch Water Transmission Pipeline – Sawgrass Lake Project, SWF Parcel Number 16-560-138X

PurposeTo approve and execute temporary and perpetual easements to the City of St. Petersburg for relocation of a segment of the existing 36-inch potable water transmission pipeline in Sawgrass Lake Park in Pinellas County. A general location map is included in the Board packet as an exhibit to this item.

Background and HistoryIn June 2008, the District’s Surface Water Improvement Management (SWIM) staff received approval from the Pinellas-Anclote River Basin Board to enter into an agreement with the City of St. Petersburg to relocate a segment of the existing 36-inch potable water transmission pipeline operated by the City of St. Petersburg that traverses Sawgrass Lake Park owned by the District.Relocation of the pipeline is needed in connection with the implementation of the Sawgrass Lake Restoration Project (B085), a SWIM project designed to provide remediation, reclamation and water quality improvement to Sawgrass Lake. The agreement requires the pipeline be relocated to the west of its existing location outside of the boundaries of the future dredge and restoration areas. The City has requested to be the lead entity responsible for the design, permitting, and construction of the water transmission pipeline relocation

Consistent with the aforementioned agreement, the District will fund all aspects of the pipeline relocation and the City will release a portion of the existing easement in exchange for the District conveying a temporary construction easement and perpetual easement for the construction and operation of the new segment of the pipeline. The perpetual easement will be 50-feet wide and approximately 1,300 feet long. The temporary construction easement will cover sufficient acreage in the western portion of the Sawgrass Lake Park to allow the City the flexibility to use existing cleared areas for staging and construct the new segment of pipeline.

The temporary and perpetual easements will be conveyed to the City at no cost as the City had no plans to relocate the water transmission line and the project is being implemented at the District’s request.

Staff has prepared temporary and perpetual easements that include standard easement conditions and a condition that requires District lands be restored to appropriate grade and elevation upon completion of the construction. Both easements were reviewed and approved by the City’s legal counsel and the District’s General Counsel.

Benefits and CostsRelocation of the City of St. Petersburg’s water transmission pipeline outside of the boundaries of SWIM’s restoration and dredge project area will protect the operation of the pipeline and ensure that no damage occurs during dredging and restoration activities. The principal elements of this project will result in the cleanup and restoration of water resources and wetland areas within the Sawgrass Lake Park. The temporary and permanent easement will be conveyed to the City at no cost. Consistent with the Sawgrass Lake Restoration Project (B085) agreement mentioned above, the District will fund all costs for the relocation of the pipeline.

Staff Recommendation: See ExhibitConvey Temporary and Perpetual Easements to the City of St. Petersburg for SWF Parcel No. 16-560-138X subject to the terms and conditions stated herein.

Presenter: Colleen Kruk, Senior Land Use Specialist, Land Resources Department

105

275

19

694

Sawgrass Lake

0 0.25 0.5

Miles

SWF Parcel No.16-560-138X


SWF Parcel No. 16-560-138X

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Item 22



Authorization to Submit the Preliminary Flood Insurance Rate Maps for the Spring Hill Lakes/Aripeka Watershed to the Federal Emergency Management Agency

PurposeThis is an action item to request the Board authorize staff to submit the preliminary Flood Insurance Rate Map (FIRM) panels for the Spring Hill Lakes/Aripeka watershed in Hernando County to the Federal Emergency Management Agency (FEMA). The 100-year, 1-day and 5-day rainfall events were used, infiltration was accounted for, and the 2007 topographic information was utilized in the watershed. The watershed model and floodplain information have gone through the District’s process including internal review and external peer review by experienced licensed professional engineers. The watershed was presented at two public workshops held in the District’s Brooksville Headquarters for review and comment. The preliminary floodplain information is ready to be formatted to meet FEMA’s mapping specifications and submitted to FEMA. Following submittal of the preliminary FIRM panels,FEMA will conduct their own technical review, take public input, and allow for a 90-day appeals period during the adoption process. Depending on public input, the FEMA process can take one to two years.

Background/HistoryThe District initiated a partnership with FEMA to modernize FIRMs as part of its Watershed Management Program (WMP). Flood protection and floodplain information has been a priority at the District since the inception of the organization and that priority was renewed following the El Niño weather event in 1997-1998. In addition to studies conducted by the District (primarily through the Basin Boards) and others, information on floodplains (elevations) is available through the FEMA FIRMs. However, many of the existing maps do not accurately represent the flood-prone areas, either because the initial studies were technically limited or the maps are outdated due to significant land use changes since completion. To improve the floodplain information, develop regional scale flood routing models for alternative analysis, and improve local government's understanding of their flood protection level of service, the District reached out to local governments and initiated the WMP in the late '90s.

The District recognized a potential funding partner in FEMA as they had mutual goals to improve the existing FIRMs to better identify risks of flooding within the District. The District andFEMA executed a Cooperating Technical Partners (CTP) Memorandum of Agreement on September 14, 2001, to formalize the relationship. As a CTP, the District is eligible for federal funds to act as FEMA's partner in modernization of the FIRMs. Federal funds have allowed the District and local governments to accomplish significantly more than would otherwise been possible. To date, the District has received approximately $11.2 million in federal funds from FEMA for countywide map modernization projects for Pasco, Sarasota, Hernando, Marion, Polk, Hardee, Desoto, Citrus, Sumter, Levy, and Highlands counties. An additional $0.9 million is expected in future fiscal years for countywide map modernization projects for Manatee County.The Map Modernization Program also includes federal funding for management support. For fiscal year (FY) 2004 through FY2008 the District received $782,860 and could receive an additional $350,000 through FY2012.

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Item 22District staff has been involved with interested parties regarding the WMP and FEMA Map Modernization since January 2007 as a result of preliminary floodplain maps developed for Hernando, Pasco, and Sarasota counties. Several issues were identified focusing on technical methodologies, quality control, and public input. In October 2007, staff provided a report to the Governing Board outlining staff’s technical and procedural approach for development and professional oversight of watershed models. The primary issues were grouped into the following categories:

• Rainfall Duration• Quality Control/Peer Review• Outreach• Schedule

Starting in March 2008 through March 2009, staff provided the Board an update on the status ofthe District’s WMP and FEMA Map Modernization, including an update on the progress and activities associated with these issues. Since the November 2008 meeting, the Governing Board authorized staff to submit preliminary FIRM panels to FEMA for seven watersheds that the 100-year, 1-day rainfall event was used and one watershed that the 100-year, 1-day and 5-day rainfall events were used. The 100-year, 1-day and 5-day rainfall events were used in the Spring Hill Lakes/Aripeka watershed.

The floodplain information for this watershed was prepared by the District’s consultants(Engineering Firm of Record) and reviewed by District and County staff, and then reviewed by the District’s independent peer review consultant (see table below). The District’s Environmental Resource Permitting (ERP) Advisory Group members (consultant and development community) were invited to attend the presentations of the floodplain information to the peer review consultant, and provided opportunities to review and comment on the watershed model and floodplain information. A public meeting was held on November 12, 2008,for the public to review and comment on the floodplain information for the Spring Hill Lakes/Aripeka watershed. The floodplain maps were also made available through the District’s website for the public to view. Approximately 782 affected property owners were notified of the meeting by mail, 10 attended the meeting, and 36 property owners contacted District staff by phone or email. An additional public workshop was held on February 17, 2009 to present the justification for using a multi-day rainfall event to project the 100-year floodplain. The ERP Advisory Group members were invited to attend the meeting and provide comments.

Watershed Engineering Firm of Record Peer Review

Spring Hill Lakes/Aripeka URS Nadic Engineering Services


Authorize staff to submit the preliminary FIRM panels for the Spring Hill Lakes/Aripekawatershed in Hernando County to FEMA.

Presenter: Mark A. Hammond, P.E., Director, Resource Projects Department

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Item 23.a.



Facilitating Agricultural Resource Management Systems – T.J. Chastain Neal Road Grove – Charlotte County (Adopted by the Peace River Basin Board)

PurposeTo request approval for a Facilitating Agricultural Resource Management Systems (FARMS) project with T.J. Chastain Neal Road Grove and approval to reimburse FARMS eligible costs up to a not-to-exceed limit of $37,500 (75 percent of total project costs). Of this amount, $7,147 from the 2003 State Appropriations will be used without a District match required. Of the remaining balance, $12,045 from the 2006 State Appropriations, $2,297 from the 2007 State Appropriations, and $835 from the 2009 State Appropriations will be used for one-half of the reimbursement, the Peace River Basin Board is requested to fund $7,588 and the Governing Board is requested to fund $7,588. Total project costs are estimated at $50,000.

Background/HistoryThe District's FARMS Program, developed by the District and Florida Department of Agriculture and Consumer Services, is a public/private agricultural Best Management Practices (BMPs) cost-share reimbursement program. FARMS is intended to expedite the implementation of production-scale agricultural BMPs that provide water resource benefits. Resource benefits of the FARMS Program include reduced Upper Floridan aquifer withdrawals, water quality improvements (both from ground water and surface water sources) and/or conservation, and restoration and augmentation of the area's water resources and ecology. The District's emphasis through the FARMS Program is on reductions in Upper Floridan aquifer withdrawals that will improve ground water conditions as documented in the Southern Water Use Caution Area (SWUCA) recovery strategy. In addition, the District also provides funding for projects that improve water quality affected by the use of mineralized ground water as documented in the Shell and Prairie Creek Watershed Management Plan – Reasonable Assurance Documentation. Per FARMS Rule 40D-26, Florida Administrative Code, reimbursement cost-share rates are capped at 50 percent for water quantity withdrawal reductions from the Upper Floridan aquifer; or from any combination of ground, surface, or reclaimed water sources; or water quality improvements realized from decreasing the use of mineralized ground water; or natural system improvements in the Upper Myakka River Watershed (UMRW). Reimbursement cost-share rates are capped at 75 percent for both water quantity and water quality or natural systems improvements.

FARMS Program staff received a proposal from T.J. Chastain for a project on his 430-acre citrus grove located off Neal Road, in northern Charlotte County. The grove’s Water Use Permit(WUP) authorizes annual average daily withdrawal of 475,800 gallons per day (gpd) using low volume under tree spray. In the 14 months since the original WUP was split between the two property owners, this grower’s actual usage has been slightly over his annual average amount, but is well within the drought annual average. The primary goal of the project is to increase the efficiency of irrigation events by installing hydraulic valves that will be controlled by a timer at each irrigation zone, a cut-off switch for the single power unit, and a rain sensor to shut down the system during rainfall events. The project will also result in enhanced water quality, as the specific conductance for the two wells supplying this grove were measured at 2,270 and 1,330μS/cm in 2007. The proposed project is expected to offset 23,790 gpd, or five percent, of the permitted irrigation quantities.Benefits/Costs

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Item 23.a.The proposed project involves both water quantity and quality BMPs, which qualifies for a 75percent cost-share reimbursement rate under the FARMS Program. Using an estimated fivepercent savings of estimated ground water quantities yields a daily cost of $1.32 per thousand gallons of groundwater reduced over the proposed five-year contract term, and $0.40 per thousand gallons of groundwater reduced over a thirty-year term. Both values are within the guidelines for the generally accepted average cost savings per thousand gallons for the implementation of alternative supplies and improved irrigation techniques for flatwood citrus operations. Upon approval, the Peace River Basin Board will have $145,738 and the Governing Board will have $1,168,703, remaining in their FARMS Program budgets.


(1) Approve the T. J. Chastain Neal Road Grove project for a not-to-exceed reimbursement of $37,500, with $7,588 provided by the Peace River Basin, $7,588 provided by the Governing Board, and $22,324 provided from State Appropriations;

(2) Authorize the transfer of $7,588 from fund 020 H017 Peace River Basin FARMS funds, $7,588 from fund 010 H017 Governing Board FARMS funds, $7,147 from the 2003 State Appropriations, $12,045 from the 2006 State Appropriations and $2,297 from the 2007 State Appropriations allocated to fund 020 H017 FARMS funds; and $835 from the 2009 State Appropriations allocated to fund 010 H017 FARMS funds, to 010 H573, T.J. Chastain Neal Road Grove project fund; and

(3) Authorize the Executive Director to execute the agreement.

Presenter: Eric C. DeHaven, P.G., Director, Resource Data and Restoration Department

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111

Item 23.b.



Facilitating Agricultural Resource Management Systems – WCB Properties, LLC –Manatee County (Adopted by the Manasota Basin Board)

PurposeTo request approval for a Facilitating Agricultural Resource Management Systems (FARMS) project with WCB Properties, LLC and approval to reimburse FARMS eligible costs up to a not-to-exceed limit of $3,000 (75 percent of total project costs). The 2003 State Appropriations will be used for the reimbursement. These funds do not require a District match. Total project costs are estimated at $4,000.

Background/HistoryThe District's FARMS Program, developed by the District and Florida Department of Agriculture and Consumer Services, is a public/private agricultural Best Management Practice (BMP) cost-share reimbursement program. FARMS is intended to expedite the implementation of production-scale agricultural BMPs that provide water resource benefits. Resource benefits of the FARMS Program include reduced Upper Floridan aquifer withdrawals, water quality improvements (both from ground water and surface water sources) and/or conservation, and restoration and augmentation of the area's water resources and ecology. The District's emphasis through the FARMS Program is on reductions in Upper Floridan aquifer withdrawals that will improve ground water conditions as documented in the Southern Water Use Caution Area (SWUCA) recovery strategy. In addition, the District also provides funding for projects that improve water quality affected by the use of mineralized ground water as documented in the Shell and Prairie Creek Watershed Management Plan – Reasonable Assurance Documentation. Per FARMS Rule 40D-26, Florida Administrative Code, reimbursement cost-share rates are capped at 50 percent for water quantity withdrawal reductions from the Upper Floridan aquifer; or from any combination of ground, surface, or reclaimed water sources; or water quality improvements realized from decreasing the use of mineralized ground water; or natural system improvements in the Upper Myakka River Watershed (UMRW). Reimbursement cost-share rates are capped at 75 percent for both water quantity and water quality or natural systems improvements.

FARMS Program staff received a project proposal from WCB Properties, LLC for their 35-acre citrus grove located within the UMRW of the SWUCA on Singletary Road approximately twomiles west of Myakka City, in eastern Manatee County. The purpose of the project is to reduce Upper Floridan aquifer withdrawals and reduce agricultural runoff through the installation of asolar-powered sensor system and water meter to monitor the grove water requirements and optimize irrigation scheduling. The proposed project is comprised of weather station and soil moisture sensors linked by wireless telemetry to monitor rainfall and irrigation events from awebsite on the Internet. The average annual groundwater withdrawal authorized by the Water Use Permit is 29,100 gallons per day (gpd). Available pumpage data indicate groundwaterwithdrawals of nearly 100 percent of the permitted quantity.

Benefits/CostsThe proposed project involves water quantity and natural system BMPs, which qualifies for a 75percent cost-share reimbursement rate under the FARMS Program. Using an estimated five

112

Item 23.b.percent savings of total permitted quantities, or 1,500 gpd, yields a daily cost of $1.73 per thousand gallons of groundwater reduced over a proposed five-year contract term, and $0.52per thousand gallons of groundwater reduced over a thirty-year term. Both values are within the guidelines for the generally accepted average cost savings per thousand gallons for improved irrigation techniques in flatwood citrus operations. The fiscal year 2003 State Appropriations will be used for the reimbursement. Upon approval, the Manasota Basin Board and GoverningBoard will have $1,087,793 and $1,294,776, respectively, remaining in their FARMS Program budgets.


(1) Approve the WCB Properties, LLC FARMS project for a not-to-exceed project reimbursement of $3,000 provided from State Appropriations;

(2) Authorize the transfer of $3,000 from the 2003 State Appropriations allocated to fund 021 H017 FARMS funds, to the H576 WCB Properties, LLC FARMS project fund; and



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114

Item 23.c.



Facilitating Agricultural Resource Management Systems – Gemstone Grove, LLC –Manatee County (Adopted by the Manasota Basin Board)

PurposeTo request approval for a Facilitating Agricultural Resource Management Systems (FARMS) project with Gemstone Grove, LLC and approval to reimburse FARMS eligible costs up to a not-to-exceed limit of $12,740 (75 percent of total project costs). The 2003 State Appropriations will be used for the reimbursement. These funds do not require a District match. Total project costs are estimated at $16,990.


FARMS Program staff received a project proposal from Gemstone Grove, LLC for their 225-acre citrus grove located within the UMRW of the SWUCA on Taylor Road approximately five miles north of Myakka City, in eastern Manatee County. The purpose of the project is to reduce Upper Floridan aquifer withdrawals and reduce agricultural runoff through the installation of a solar-powered sensor system to monitor the grove water requirements and optimize irrigation scheduling. The proposed project is comprised of weather station and soil moisture sensors linked by wireless telemetry to monitor rainfall and irrigation events from a website on the Internet. The average annual groundwater withdrawal authorized by the Water Use Permit is 227,000 gallons per day (gpd). To date, pumpage data indicate groundwater withdrawals of nearly 100 percent of the permitted quantity.

Benefits/CostsThe proposed project involves water quantity and natural system BMPs, which qualifies for a 75percent cost-share reimbursement rate under the FARMS Program. Using an estimated fivepercent savings of adjusted permitted quantities, or 11,350 gpd, yields a daily cost of $0.94 per thousand gallons of groundwater reduced over a proposed five-year contract term, and $0.28

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Item 23.c.per thousand gallons of groundwater reduced over a thirty-year term. Both values are within theguidelines for the generally accepted average cost savings per thousand gallons for improved irrigation techniques in flatwood citrus operations. The fiscal year 2003 State Appropriations will be used for the reimbursement. Upon approval, the Manasota Basin Board and GoverningBoard will have $1,075,053 and $1,294,776, respectively, remaining in their FARMS Program budgets.


(1) Approve the Gemstone Grove, LLC FARMS project for a not-to-exceed project reimbursement of $12,740 provided from State Appropriations;

(2) Authorize the transfer of $12,740 from the 2003 State Appropriations allocated to fund 021 H017 FARMS funds, to the H577 Gemstone Grove, LLC FARMS project fund; and



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117

Item 23.d.



Facilitating Agricultural Resource Management Systems – Lakeshore Knolls, LLC –Manatee County (Adopted by the Manasota Basin Board)

PurposeTo request approval for a Facilitating Agricultural Resource Management Systems (FARMS) project with Lakeshore Knolls, LLC and approval to reimburse FARMS eligible costs up to a not-to-exceed limit of $6,492 (50 percent of total project costs). Of this amount, the 2005 State Appropriations will be used for $3,246 of the reimbursement, the Manasota Basin Board is requested to fund $1,623, and the Governing Board is requested to fund $1,623. Total project costs are estimated at $12,984.


FARMS Program staff received a project proposal from Lakeshore Knolls, LLC for their 448-acre citrus grove located within the SWUCA’s Most Impacted Area in the Manatee River watershed, on the northern shore of Lake Manatee and along Rutland Road, in eastern Manatee County. The purpose of the project is to reduce Upper Floridan aquifer withdrawals through the installation of a solar-powered sensor system to monitor the grove water requirements and optimize irrigation scheduling. The proposed project is comprised of weather station and soil moisture sensors linked by wireless telemetry to monitor rainfall and irrigation events from a website on the Internet. The combined average annual groundwater withdrawal authorized by the two Water Use Permits is 458,300 gallons per day (gpd). To date, pumpage data indicate groundwater withdrawals of nearly 100 percent of permitted quantities.

Benefits/CostsThe proposed project involves water quantity BMPs, which qualifies for a 50 percent cost-share reimbursement rate under the FARMS Program. Using an estimated five percent savings of total permitted quantities, or 22,900 gpd, yields a daily cost of $0.36 per thousand gallons of

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Item 23.d.groundwater reduced over a proposed five-year contract term, and $0.11 per thousand gallons of groundwater reduced over a thirty-year term. Both values are within the guidelines for the generally accepted average cost savings per thousand gallons for improved irrigation techniques in flatwood citrus operations. The fiscal year 2005 State Appropriations will be used for one-half of the reimbursement, with the remainder divided evenly between the Manasota Basin Board and the Governing Board. Upon approval, the Manasota Basin Board and Governing Board will have $1,070,184 and $1,293,153, respectively, remaining in their FARMS Program budgets.


(1) Approve the Lakeshore Knolls, LLC FARMS project for a not-to-exceed project reimbursement of $6,492, with $1,623 provided by the Manasota Basin Board, $1,623provided by the Governing Board, and $3,246 provided from State Appropriations;

(2) Authorize the transfer of $1,623 from fund 021 H017 Manasota Basin Board FARMS funds, $1,623 from fund 010 H017 Governing Board FARMS funds, and $3,246 from the 2005State Appropriations allocated to fund 021 H017 FARMS funds, to the H578 Lakeshore Knolls, LLC FARMS project fund; and



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120

Item 24.a.



Surface Water Improvement and Management Program – Florida Department of Transportation Agreement for the Robles Park Water Quality Improvement Project(To be considered at the June Hillsborough River Basin Board)

PurposeTo request approval of an agreement between the Florida Department of Transportation (FDOT)and the District for the Robles Park Water Quality Improvement Project. The FDOT has indicated it has funds available that could be used for the Robles Park Water Quality Improvement Project and they need to enter into a cooperative agreement to encumber the funds for this project prior to end of their fiscal year (FY) which is June 30, 2009.

Background/HistoryStormwater retrofit projects are identified in the Tampa Bay Surface Water Improvement and Management (SWIM) Plan as a strategy to reduce pollutant loading to Tampa Bay, particularly in urban areas developed prior to the adoption of state stormwater regulations. Urban stormwater runoff accounts for about 15 percent, or 570 tons, of the total annual nitrogen loadings to Tampa Bay. Of that amount, it is estimated that approximately two-thirds originates from residential areas.

Robles Park is an 18-acre urban park located in the City of Tampa. The park property includes a 4.5-acre shallow pond that receives runoff from a 170-acre highly urbanized drainage basin,including runoff from I-275. The pond, in its current state, does not provide water quality treatment and discharges directly to the Hillsborough River, a major tributary to Tampa Bay. This proposed project involves the evaluation, design, permitting, and construction of a water quality and natural systems improvement project at Robles Park.

Staff is recommending the District initiate this water quality improvement project with FDOT and the City of Tampa. The District would be the lead agency on this project responsible for procuring the services of a consultant for the feasibility, design, permitting, and construction.The City of Tampa would be responsible for operation and maintenance of the project.

Benefits/CostsThis project is intended to significantly reduce pollutants from older residential areas adjacent to the Hillsborough River. The objectives of the project include water quality treatment, erosion control, pond habitat restoration, and education. FDOT has $200,000 available in their current fiscal year budget for the feasibility phase, design, and permitting. The FDOT must enter into an agreement by the end of its current fiscal year, June 30, 2009, in order to secure the funds for this project. The City of Tampa submitted a FY2010 cooperative funding application for $25,000 for the feasibility study and has indicated they would provide additional funding for design, permitting and construction in future fiscal years. The agreement with the City of Tampa is contingent upon the Basin Board’s inclusion and approval of these funds in the FY2010budget. Staff is recommending the Basin Board include $225,000 in its FY2010 budget to match the FDOT and City of Tampa funds bringing the total FY2010 project cost to $450,000.

SWIM projects are typically approved by the appropriate Basin Board prior to the Governing Board. However, the April 9, 2009 Hillsborough River Basin Board meeting was cancelled due to the lack of a quorum, thereby preventing the Basin Board's review of this project prior to the Governing Board. The Hillsborough River Basin Board will be asked to approve this request at their June 4, 2009 meeting.

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Item 24.a.Staff Recommendation:

(1) Approve the agreement with the FDOT for the Robles Park Water Quality Improvement Project, contingent upon approval by the Hillsborough River Basin Board at their June 4, 2009 meeting; and


Presenter: Eric C. DeHaven, Director, Resource Data and Restoration Department

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Item 24.b.



Surface Water Improvement and Management Program – Charlotte County Fourth-Grade Field Trip Program (Adopted by the Peace River and Manasota Basin Boards)

PurposeTo request approval to transfer $24,949 from the Peace River Watershed Education project (W507) and Water Quality in the Peace and Myakka Basins, Charlotte Harbor, and Lemon Bayproject (W547) to the Charlotte County Fourth-Grade Field Trip Program (W513). These funds include $11,350 from the Peace River Basin Board, $1,125 from the Manasota Basin Board and $12,474 from State Surface Water Improvement and Management (SWIM).

Background/HistoryThe Peace River Watershed Education and the Water Quality in the Peace and Myakka Basins, Charlotte Harbor and Lemon Bay projects were in response to cooperative funding requests from the Charlotte Harbor Environmental Center (CHEC). The water quality monitoring and data management tasks associated with each of these projects have been eliminated from the scope of work with CHEC, therefore reducing the project budgets. CHEC has requested the remaining funds be transferred to CHEC's Charlotte County Fourth-Grade Field Trip Program.

The Charlotte County Fourth-Grade Field Trip Program provides in-depth field experiences to all Charlotte County elementary schools. This is the twenty-first year that CHEC has been offering this program, which is designed to give students a better understanding of the water systems of Florida. The goal of the two-day outdoor education program is to bring an understanding and appreciation of the beauty, complexity and fragility of local water systems to 1,500 fourth-grade students, as well as to the participating 300 teachers, aides and adult chaperones. The activities consist of environmental field studies at Alligator Creek Preserve, the lower Peace River, Cedar Point Environmental Park, and Lemon Bay. Students collect and identify native, estuarine, andfreshwater specimens that inhabit the rivers, harbor, and bay. Students learn about upland and freshwater wetland habitats. They also learn about freshwater creeks, the importance of trees and plants in water conservation, and the role of fire in preserving the upland ecosystems. Pre-and posttest tools will assess the field trips’ effectiveness. Teacher training is provided to participating teachers and is approved and supported by Charlotte County Schools.

Benefits/Costs The total cost of the Charlotte County Fourth-Grade Field Trip Program is approximately $94,140, of which Charlotte County is contributing $69,191 for school year 2009-2010.

Therefore, staff is recommending $24,949 be transferred from the Peace River Watershed Education and Water Quality in the Peace and Myakka Basins, Charlotte Harbor, and Lemon Bay projects in Fiscal Year 2009 to the Charlotte County Fourth-Grade Field Trip Program.


(1) Authorize the transfer of $15,949 from W507, Peace River Watershed Education, and$9,000 from W547, Water Quality in the Peace and Myakka Basins, Charlotte Harbor, and Lemon Bay, to W513, Charlotte County Fourth-Grade Field Trip Program; and

(2) Authorize the Executive Director to approve and execute an agreement with CHEC for the Charlotte County Fourth-Grade Field Trip Program (W513) for the 2009-2010 school year.

Presenters: Jennette M. Seachrist, SWIM Program ManagerBeth Putnam, Manager, Communications Department

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Item 25


Finance and Administration Committee

Board Travel

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

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

As of April 16, 2009, no travel is planned for outside the geographic boundaries of the District.


No action is required at this time.

Presenter: Lou Kavouras, Deputy Executive Director, Outreach, Planning & Board Services

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Item 26



Budget Transfer Report

PurposeRequest approval of the Budget Transfer Report covering all budget transfers made during the month of March 2009.

BackgroundIn 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.


Request approval of the Budget Transfer Report covering all budget transfers for March 2009.

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

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTBudget Transfer Report

March 2009

Department / Department /Expenditure Category Expenditure Category

Basin Board ApprovedWithlacoochee River Basin:

1 3Resource Data & Restoration 3Resource Data & Restoration 10,000$ 8107 Grant - Agriculture 8107 Grant - Agriculture

Peace River Basin:2 3Resource Data & Restoration 3Resource Data & Restoration 36,700

8107 Grant - Agriculture 8107 Grant - Agriculture

3 3Resource Data & Restoration 3Resource Data & Restoration 108,3728107 Grant - Agriculture 8107 Grant - Agriculture

4 3Resource Data & Restoration 3Resource Data & Restoration 18,3158107 Grant - Agriculture 8107 Grant - Agriculture

Manasota Basin:5 3Resource Data & Restoration 3Resource Data & Restoration 101,250

8107 Grant - Agriculture 8107 Grant - AgricultureTotal Basin Board Approved 274,637$

Executive Director ApprovedGeneral Fund:

1 3Resource Data & Restoration 3Resource Data & Restoration 50,000$ 3432 Well Construction 3111 Consultant Services

2 0Human Resources & Risk Mgmt 0Human Resources & Risk Mgmt 12,5365202 Safety Supplies 6401 Equipment - Inside

3 3Resource Data & Restoration 3Resource Data & Restoration 2,8984404 Rental of Other Equipment 5221 Equipment - Non-Capital Outlay

6403 Equipment - Outside

4 3Resource Data & Restoration 0Communications 9,0008101 Grant - Financial Assistance 8101 Grant - Financial Assistance

5 4Strategic Program Office 4Strategic Program Office 45,3601201 Regular Salaries and Wages 3401 Other Contractual Services

6 7Land Resources 7Land Resources 5,0003432 Well Construction 5201 Parts and Supplies

Transfer of funds originally budgeted for water quality data in the Peace River and Myakka River Basins, Charlotte Harbor, and Lemon Bay. Expenditures were less than anticipated.The funds were needed for implementation of Charlotte County's Fourth Grade Field Trip Program.

Transfer of funds originally budgeted for salaries for two temporary administrative support positions within the Strategic Program Office. The funds were needed to contract for both positions through a staffing agency.

ItemNo.

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

Transfer of funds originally budgeted for rental of other equipment. Expenditures were less than anticipated. The funds were needed to purchase a Honda 5000W generator and three Honda centrifugal sample pumps to collect groundwater quality samples for the Coastal Ground-Water Quality Monitoring Network.

Transfer of budgeted funds to the appropriate project code for the FARMS CFI USA, Inc., Venus II Grove project.

Transfer of budgeted funds to the appropriate project code for the FARMS Prairie River Ranch, Phase II project.

Transfer of budgeted funds to the appropriate project code for the FARMS Hancock Groves, Phase II project.

Reason For Transfer

Transfer of budgeted funds to the appropriate project code for the Facilitating Agricultural Resource Management Systems (FARMS) Hidden Acres Ranch, Inc. project.

Transfer of budgeted funds to the appropriate project code for the FARMS Citrus Creek Grove, LLC, Phase II project.

Transfer of funds originally budgeted for safety supplies, under a capitalization threshold of $1,000. The funds were needed to purchase eight automatic external defibrillators, which individually exceeded the $1,000 capitalization threshold.

Transfer of funds originally budgeted for well drilling and construction projects. Expenditures were less than anticipated. The funds were needed for services to expedite the acquisition of planned well sites.

Transfer of funds originally budgeted for installation of six wells. Expenditures were less than anticipated. The funds were needed to purchase submersible pump and motor units that were mounted on each of the six wells, making them permanently fire ready and operational.

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTBudget Transfer Report

March 2009

Department / Department /Expenditure Category Expenditure Category

ItemNo.

--- TRANSFERRED FROM --- --- TRANSFERRED TO ---TransferAmountReason For Transfer

Hillsborough River Basin:7 7Land Resources 7Land Resources 3,000

5201 Parts and Supplies 3433 Land Clearing and Demolition

8 7Land Resources 7Land Resources 2,5003432 Well Construction 5201 Parts and Supplies

Coastal Rivers Basin:9 7Land Resources 7Land Resources 5,000

3432 Well Construction 5201 Parts and Supplies

Pinellas-Anclote River Basin:10 7Land Resources 7Land Resources 2,500

3432 Well Construction 5201 Parts and Supplies

Total Executive Director Approved 137,794$ Finance Director Approved

1 5Resource Projects 3Resource Data & Restoration 18,392$ 3111 Consultant Services 3401 Other Contractual Services4901 Advertising and Public Notices 5201 Parts and Supplies

2 5Resource Projects 5Resource Projects 67,000 3111 Consultant Services 3411 Cooperative Program - USGS

3 5Resource Projects 0General Services 6,000 3111 Consultant Services 3401 Other Contractual Services

4 4Strategic Program Office 4Strategic Program Office 17,000 3111 Consultant Services 3111 Consultant Services

5 4Brooksville Regulation 4Brooksville Regulation 2,000 3401 Other Contractual Services 3401 Other Contractual Services

6 5Resource Projects 5Resource Projects 675,000 8102 Grant - Water Conservation 8102 Grant - Water Conservation

Total Finance Director Approved 785,392$

Total Transfers for Governing Board Approval 1,197,823$


Transfer of funds originally budgeted for parts and supplies for the Upper Hillsborough Preserve. Expenditures were less than anticipated. The funds were needed to contract for the demolition of a dilapidated structure at the Upper Hillsborough.

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

Transfer of budgeted funds to the appropriate project code for the Water Use Permits Database Cleansing project.

Transfer of budgeted funds to segregate portion of alternative water supply development appropriation that was not funded by the State as anticipated due to $675,000 reduction of FY2009 funding for the Water Protection and Sustainability Trust Fund.

Transfer of budgeted funds to the appropriate department and expenditure category for environmental resource permit data for the Maintenance of Watershed Parameters and Models project.

Transfer of budgeted funds to the appropriate project code for contractual services for temporary administrative support within the Well Construction Section.

Transfer of budgeted funds to the appropriate expenditure category for the Statistical and Analytical Techniques to Assess Factors Affecting Water Levels in the Central Florida Coordination Area project.



Transfer of budgeted funds to the appropriate department and expenditure categories for the Myakka River Watershed Initiative.

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Item 27



Second Fiscal Year 2009 Budget Amendment

PurposeRequest to amend the District's combined fiscal year (FY) 2009 budget as follows: (1) reallocate $4 million from the Water Management Lands Trust Fund (WMLTF) that had been budgeted by the Manasota and Withlacoochee River Basins for education centers to six individual Basin Funds for Surface Water Improvement and Management (SWIM) projects ($3,752,063) and to the General Fund for the Lake Hancock Outfall Treatment System project ($247,937); (2) include $92,500 in additional revenue from the WMLTF in the Peace River Basin for the Lake Hancock Land Use Alternatives Study; (3) approve Budget Resolution 09-07 to Amend the FY2009 Budget; and (4) approve two associated WMLTF Budget Resolutions (Nos. 09-08 and 09-09) required by the State.

Background/HistoryThe proposed budget amendment will increase the District's FY2009 combined amended budget by a net amount of $92,500 from $383,989,390 to $384,081,890.

In recent years, the State's WMLTF has provided 50 percent funding for the District's SWIM projects. It is anticipated WMLTF dollars available for the SWIM Program for FY2010 will be significantly reduced from FY2009. This is due to lower levels of documentary stamp tax collections which fund the WMLTF, and to an $8 million (District’s share $2.5 million) transfer from the WMLTF to the State’s General Revenue Fund beginning in FY2010 that was approved by the Legislature during the Special Session in January 2009.

There is $4 million available in FY2009 funding from the WMLTF that can be reallocated this fiscal year for SWIM projects. The FY2009 budgets for the Manasota and Withlacoochee River Basins included $2 million each for new education centers within their Basins. It is anticipated that the education centers will be reconsidered in the future during more fiscally sound times. Therefore, the funds are available for allocation to other projects. At their April 2009 Board meetings, the Manasota and Withlacoochee River Basin Boards are being requested to approve amending their FY2009 budgets to remove the WMLTF revenue and the associated expenditure appropriations for the two education centers, which would allow the $4 million to be reallocated to other District projects.

At their April 2009 Board meetings, the Manasota, Withlacoochee River, Alafia River, Hillsborough River, Peace River, and Pinellas-Anclote River Basin Boards are being requested to approve amending their FY2009 budgets to allocate $3,752,063 (of the $4 million) to ongoingSWIM projects, which will offset the anticipated reduction in FY2010 WMLTF revenue. (The Hillsborough River Basin Board did not meet in April as scheduled due to a lack of quorum, and will be requested to approve this amendment at its meeting in June 2009.) For a list of the individual projects, refer to the attached Detailed Project List for Proposed Budget Amendment.The Governing Board is requested to allocate the remaining $247,937 to the Lake HancockOutfall Treatment Project. In addition, the Peace River Basin is also being requested to approve an amendment to its budget adding an additional $92,500 from the WMLTF for the final phase of the Lake Hancock Land Use Alternatives Study.

In order for the Department of Environmental Protection (DEP) to adjust its WMLTF encumbrances for this District to reflect these amendments, it is necessary to provide the DEP with two budget resolutions. The first resolution, No. 09-08, Resolution Requesting the Release of $3,752,063 of Encumbered Fiscal Year 2009 Budgeted Funds from the Water Management Lands Trust Fund for Management, Maintenance, and Capital Improvements, will authorize

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Item 27DEP to release the funds that had been encumbered from the WMLTF for the education centers that will be transferred to SWIM projects. The remaining $247,937 reallocated to Lake Hancock Outfall Treatment System project will remain encumbered by DEP under the existing resolution (No. 08-28). The second resolution, No. 09-09, Resolution Requesting Encumbrance of $3,752,063 of Fiscal Year 2009 Budgeted Funds from the Water Management Lands Trust Fund to Carry Out Surface Water Improvement and Management (SWIM) Activities, will authorize DEP to now encumber those funds for SWIM projects in FY2009 for use in FY2010. The existing resolution, No. 08-28, also covers the additional funding required for the Lake Hancock Land Use Alternatives Study.

Impact If Not ApprovedRegarding the SWIM projects, if the budget is not amended to include the additional revenue, State funds from the WMLTF for SWIM may not be available to match FY2010 Basin Board funds. This would require the Basin Boards to increase their funding to fully support the SWIM projects or reduce the dollars available for SWIM projects. Regarding the funds allocated for the Lake Hancock Outfall Treatment System project or the Lake Hancock Land Use Alternatives Study, these projects may be delayed until funding is secured.

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

Staff Recommendations: See Exhibits

(1) Approve Resolution No. 09-07, Second Amendment of the Fiscal Year 2009 Annual Service Budget to increase the District's combined FY2009 budget by $92,500 from $383,989,390 to $384,081,890. The individual amendments by Fund are as follows:a. General Fund – increase budget by $247,937 from $187,506,896 to $187,754,833;b. Alafia River Basin – increase budget by $42,500 from $8,705,445 to $8,747,945;c. Hillsborough River Basin – increase budget by $455,000 from $20,343,824

to $20,798,824;d. Pinellas-Anclote River Basin – increase budget by $2,568,563 from $46,629,429

to $49,197,992;e. Withlacoochee River Basin – decrease budget by $1,900,000 from $12,642,261

to $10,742,261;f. Peace River Basin – increase budget by $324,344 from $17,310,392 to $17,634,736;

andg. Manasota Basin – decrease budget by $1,645,844 from $23,973,594 to $22,327,750.

(2) Approve Resolution No. 09-08, Resolution Requesting the Release of $3,752,063 of Encumbered Fiscal Year 2009 Budgeted Funds from the Water Management Lands Trust Fund for Management, Maintenance, and Capital Improvements.

(3) Approve Resolution No. 09-09, Resolution Requesting Encumbrance of $3,752,063 of Fiscal Year 2009 Budgeted Funds from the Water Management Lands Trust Fund to Carry Out Surface Water Improvement and Management (SWIM) Activities.

Presenters: Linda R. Pilcher, Assistant Director, Finance DepartmentEric C. DeHaven, Director, Resource Data and Restoration DepartmentEric Sutton, Director, Land Resources Department

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTSECOND FY2009 BUDGET AMENDMENTDETAILED PROJECT LIST FOR PROPOSED BUDGET AMENDMENTAPRIL 28, 2009

Pinellas-Alafia Hillsborough Anclote Withlacoochee Peace

General River River River River River ManasotaFund Basin Basin Basin Basin Basin Basin Total

REALLOCATION OF FY2009 WMLTF FUNDING (among funds)

Removed from Budget for ReallocationEnvironmental Education Centers ($2,000,000) ($2,000,000) ($4,000,000)

Reallocated to Ongoing SWIM ProjectsLost River Preserve Habitat Restoration $25,000 $25,000Biennial Seagrass Mapping 17,500 $17,500 $17,500 $17,500 $17,500 87,500 Coral Creek Habitat Restoration 200,000 200,000 Clam Bayou Stormwater Treatment & Habitat Rstr 1,000,000 1,000,000 Pinellas Park Impl of BMPs Homeland/Sawgrass WS 800,000 800,000 Highland Ave Retrofit 342,500 342,500 Largo Downtown Drainage Ponds 112,500 112,500 Lake Tarpon Water Quality Area 63 121,063 121,063 Shore Acres Stormwater Vaults 175,000 175,000 MacDill AFB Ecosystem Restoration 125,000 125,000 30th & Hillsborough Water Qlty Imprv 200,000 200,000 Robles Park Wtr Qlty & Natural System Imprv 112,500 112,500 Coastal Basin Beach Road Impl of BMPs 121,875 121,875 Sarasota Bay Wtr Qlty Mgmt Plan 75,000 75,000 Little Sarasota Bay Wtr Qlty Mgmt Plan 75,000 75,000 Sarasota Bay Habitat Restoration 60,000 60,000 Charlotte Harbor Wtr Qlty Monitoring 14,344 4,781 19,125 Blue Run Stormwater Management $100,000 100,000

Total Reallocation to SWIM Projects $0 $42,500 $455,000 $2,568,563 $100,000 $231,844 $354,156 $3,752,063

Reallocated to Lake Hancock ProjectLake Hancock Outfall Treatment Project $247,937 $247,937

Total Reallocated WMLTF Funding, by Project and by Fund $247,937 $42,500 $455,000 $2,568,563 ($1,900,000) $231,844 ($1,645,844) $0

ADDITIONAL FY2009 WMLTF FUNDINGLake Hancock Land Use Alternatives Study $92,500 $92,500

Second Amendment of FY2009 Budget by Fund and Combined District $247,937 $42,500 $455,000 $2,568,563 ($1,900,000) $324,344 ($1,645,844) $92,500

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RESOLUTION NO. 09-07

SECOND AMENDMENT OF THE FISCAL YEAR 2009 ANNUAL SERVICE BUDGET

WHEREAS, the Governing Board of the Southwest Florida Water Management District (District), as required by Chapters 200 and 373, Florida Statutes (F.S.), and Chapter 61-691, Laws of Florida, adopted the fiscal year (FY) 2009 total budget of $376,489,390 on September 30, 2008; and

WHEREAS, the Governing Board of the District is authorized to amend the budget to include funds received after the adoption of the final budget as provided for in subsection 373.536(4), F.S.; and

WHEREAS, the District has complied with the notice requirement and all other requirements of ss. 373.536(4), F.S.; and

WHEREAS, the Governing Board approved Resolution No. 09-02, Amendment of the Fiscal Year 2009 Annual Service Budget, to increase the District's combined FY2009 budget by $7,500,000 from $376,489,390 to an amended total budget of $383,989,390 on February 24, 2009; and

WHEREAS, the Manasota Basin Board passed Resolution No. 73, Resolution to Amend the Fiscal Year 2009 Budget, on April 15, 2009, decreasing the Basin’s budget by $1,645,844 from $23,973,594 to $22,327,750 to reflect the reallocation of revenue from the Water Management Lands Trust Fund (WMLTF). This amendment removes $2 million from the FY2009 budget that had been allocated from the WMLTF for an education center within the Basin for reallocation to District Surface Water Improvement and Management (SWIM) projects. Of this amount, $354,156 was allocated from the WMLTF for SWIM projects in the Manasota Basin, for a net budget decrease of $1,645,844; and

WHEREAS, the Withlacoochee River Basin Board passed Resolution No. 89, Resolution to Amend the Fiscal Year 2009 Budget, on April 16, 2009, decreasing the Basin’s budget by $1,900,000 from $12,642,261 to $10,742,261 to reflect the reallocation of revenue from the WMLTF. This amendment removes $2 million from the FY2009 budget that had been allocated from the WMLTF for an education center within the Basin for reallocation to District Surface Water Improvement and Management (SWIM) projects. Of this amount, $100,000 was allocated from the WMLTF for a SWIM project in the Withlacoochee River Basin, for a net budget decrease of $1,900,000; and

WHEREAS, the Alafia River Basin Board passed Resolution No. 83, Resolution to Amend the Fiscal Year 2009 Budget, on April 9, 2009, increasing the Basin’s budget by $42,500 from $8,705,445 to $8,747,945 to include additional revenue from the WMLTF for SWIM projects; and

WHEREAS, the Peace River Basin Board passed Resolution No. 102, First Amendment of the Fiscal Year 2009 Budget, on April 3, 2009, increasing the Basin’s budget by $92,500 from

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131

$17,310,392 to $17,402,892 to include additional revenue from the WMLTF for the Lake Hancock Land Use Alternatives Study; and passed Resolution No. 103, Second Amendment of the Fiscal Year 2009 Budget, additionally increasing the Basin’s budget by $231,844 from $17,402,892 to $17,634,736 to include additional revenue from the WMLTF for SWIM projects; and

WHEREAS, the Pinellas-Anclote River Basin Board passed Resolution No. 85, Resolution to Amend the Fiscal Year 2009 Budget, on April 8, 2009, increasing the Basin’s budget by $2,568,563 from $46,629,429 to $49,197,992 to include additional revenue from the WMLTF for SWIM projects; and

WHEREAS, General Fund will receive $247,937 of additional revenue from the WMLTF for the Lake Hancock Outfall Treatment System project, increasing the General Fund’s budget from $187,506,896 to $187,754,833.

NOW THEREFORE, BE IT RESOLVED, by the Governing Board of the Southwest Florida Water Management District that the District's combined FY2009 budget is amended by an increase of $92,500 from $383,989,390 to $384,081,890, as reflected on the attached budget.

APPROVED AND ADOPTED this 28th day of April, 2009, by the Governing Board of the Southwest Florida Water Management District.


By: ______________________________ Neil Combee, Chairman

Attest:

____________________________Jennifer E. Closshey, Secretary

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CERTIFICATE AS TO RESOLUTION NO. 09-07

STATE OF FLORIDA COUNTY OF HERNANDO

We, the undersigned, hereby certify that we are, Chairman and Secretary, respectively, of the Southwest Florida Water Management District, organized and existing under and by virtue of the Laws of the State of Florida, and having its office and place of business at 2379 Broad Street, Brooksville, Hernando County, Florida, and that, on the 28th day of April, 2009, at a duly called and properly held meeting of the Governing Board of the District, at which meeting a majority of the members of the Governing Board were present, the resolution, which is attached hereto and which this certificate is a part thereof, was adopted and incorporated in the minutes of that meeting.

Dated at Brooksville, Florida, this 28th day of April, 2009.


By: _____________________________ Neil Combee, Chairman

Attest:

____________________________Jennifer E. Closshey, Secretary ACKNOWLEDGMENT


The foregoing instrument was acknowledged before me this 28th day of April, 2009, by Neil Combee and Jennifer E. Closshey, Chairman and Secretary, respectively, of the Governing Board of the Southwest Florida Water Management District, a public corporation, on behalf of the corporation. They are personally known to me.

WITNESS my hand and official seal on this 28th day of April, 2009.

______________________________Notary Public State of Florida at Large My Commission Expires:

133

The proposed budget amendment will not impact District or Basin millage or ad valorem property taxes.

FY2009 FY2009Current Budget Proposed Proposed

As Amended Budget AmendedFebruary 24, 2009 Amendment Budget

Revenues:

General Fund $187,506,896 $247,937 $187,754,833

Special Revenue FundsAlafia River Basin 8,705,445 42,500 8,747,945Hillsborough River Basin 20,343,824 455,000 20,798,824Northwest Hillsborough Basin 10,937,125 - 10,937,125Coastal Rivers Basin 9,559,418 - 9,559,418Pinellas-Anclote River Basin 46,629,429 2,568,563 49,197,992Withlacoochee River Basin 12,642,261 (1,900,000) 10,742,261Peace River Basin 17,310,392 324,344 17,634,736Manasota Basin 23,973,594 (1,645,844) 22,327,750FDOT Mitigation 2,394,741 - 2,394,741Surface Water Improvement & Mgmt (SWIM) 13,870,255 - 13,870,255

Total Special Revenue Funds 166,366,484 (155,437) 166,211,047

Capital Projects Fund 30,116,010 30,116,010

Total Revenues $383,989,390 $92,500 $384,081,890

Expenditures:

General Fund $187,506,896 $247,937 $187,754,833

Special Revenue FundsAlafia River Basin 8,705,445 42,500 8,747,945Hillsborough River Basin 20,343,824 455,000 20,798,824Northwest Hillsborough Basin 10,937,125 - 10,937,125Coastal Rivers Basin 9,559,418 - 9,559,418Pinellas-Anclote River Basin 46,629,429 2,568,563 49,197,992Withlacoochee River Basin 12,642,261 (1,900,000) 10,742,261Peace River Basin 17,310,392 324,344 17,634,736Manasota Basin 23,973,594 (1,645,844) 22,327,750FDOT Mitigation 2,394,741 - 2,394,741Surface Water Improvement & Mgmt (SWIM) 13,870,255 - 13,870,255

Total Special Revenue Funds 166,366,484 (155,437) 166,211,047

Capital Projects Fund 30,116,010 30,116,010

Total Expenditures $383,989,390 $92,500 $384,081,890

Southwest Florida Water Management DistrictProposed Second Fiscal Year 2009 Budget Amendment

Reallocate $4 million from the Water Management Lands Trust Fund (WMLTF) that had been budgeted by the Manasota and Withlacoochee River Basins for education centers to six individual Basin Funds for Surface Water Improvement and Management (SWIM) projects ($3,752,063) and to the General Fund for the Lake Hancock Outfall Treatment System project ($247,937); and include $92,500 in additional revenue from the WMLTF in the Peace River Basin for the Lake Hancock Land Use Alternatives Study;

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

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RESOLUTION REQUESTING THE RELEASE OF $3,752,063 OF ENCUMBERED FISCAL YEAR 2009 BUDGETED FUNDS FROM THE WATER MANAGEMENT LANDS TRUST FUND FOR MANAGEMENT, MAINTENANCE, AND CAPITAL IMPROVEMENTS

WHEREAS, the Southwest Florida Water Management District (District) requested the Department of Environmental Protection (Department) encumber fiscal year 2009 budgeted funds for management, maintenance, and capital improvements under Southwest Florida Water Management District Resolution No. 08-28 consistent with Chapter 373, Florida Statutes; and

WHEREAS, $3,752,063 of funds encumbered for fiscal year 2009 for management, maintenance, and capital improvements are not needed for the purposes included in Resolution No. 08-28, and are now needed for the purposes included in Resolution No. 09-09; and

NOW THEREFORE, BE IT RESOLVED, by the Governing Board of the Southwest Florida Water Management District:

(1) The above statements are hereby certified and declared to be true and correct; and

(2) The District hereby requests the release of fiscal year 2009 encumbered funds in the amount of three million seven hundred fifty two thousand sixty three dollars ($3,752,063) within the Water Management Lands Trust Fund for budgeted expenditures for management, maintenance, and capital improvements; and

BE IT FURTHER RESOLVED that the Chairman of the Governing Board is hereby authorized to affix his signature to this resolution on behalf of the Board and attested by its Secretary.




Attest:

Jennifer E. Closshey, Secretary

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135







Attest:


ACKNOWLEDGMENT





136



RESOLUTION REQUESTING ENCUMBRANCE OF $3,752,063 OF FISCAL YEAR 2009 BUDGETED FUNDS FROM THE WATER MANAGEMENT LANDS TRUST FUND TO

CARRY OUT SURFACE WATER IMPROVEMENT AND MANAGEMENT (SWIM) ACTIVITIES

WHEREAS, the Legislature enacted the Surface Water Improvement and Management (SWIM) Act and created a system whereby priority water bodies named by regional water management districts can be restored and protected pursuant to sections 373.451 through 373.4595, Florida Statutes; and

WHEREAS, the Legislature has declared that surface water problems can be corrected and prevented through plans and programs for surface water improvement and management that are designed and implemented by the regional water management districts; and

WHEREAS, the Southwest Florida Water Management District (District) has prepared a list prioritizing water bodies of regional and state-wide significance and has adopted plans and implemented projects for those water bodies; and

WHEREAS, the District seeks to continue priority planning and projects in water bodies with approved SWIM plans; and

WHEREAS, the Legislature previously created the Water Management Lands Trust Fund (WMLTF) pursuant to section 373.59, F.S., to be administered by the Florida Department of Environmental Protection (Department) for the purposes of land acquisition, management, maintenance, and capital improvements; and

WHEREAS, section 373.59 (11), F.S., permits the water management districts to request monies from the WMLTF to be used for SWIM purposes; and

WHEREAS, SWIM funding pursuant to section 373.59 (11), F.S., is available and shall be released by the Department upon request of the water management districts to be used for SWIM purposes; and

WHEREAS, funds are available to the District from the WMLTF in fiscal year 2009 for WMLTF purposes; and

WHEREAS, the District has budgeted three million seven hundred fifty two thousand sixty three dollars ($3,752,063) from the WMLTF to be used for SWIM purposes.

NOW THEREFORE, BE IT RESOLVED, that the Governing Board of the Southwest Florida Water Management District hereby requests that the Secretary of the Department release from the WMLTF three million seven hundred fifty two thousand sixty three dollars ($3,752,063), and encumber for activities described in the SWIM spending plan attached hereto and made part of by reference; and

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BE IT FURTHER RESOLVED that this resolution be transmitted to the Secretary of the Department; and

BE IT FURTHER RESOLVED that the Chairman of the Governing Board is hereby authorized to affix his signature to this resolution on behalf of the Board and attested by its Secretary.




Attest:

Jennifer E. Closshey, Secretary

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Attest:


ACKNOWLEDGMENT





139

Southwest Florida Water Management District Water Management Lands Trust Fund

FY2009/2010 SWIM Spending Plan Resolution No. 09-09

Total WMLTF

Water Body Category Amount Amount

1. Tampa Bay 1. Construction and Restoration 5,785,000 2,892,500 2. Planning and Research (includes non-construction mgmt actions) 0 0 3. Enforcement 58,334 29,167 4. Environmental Education 0 0

Subtotal: 5,843,334 2,921,667

2. Rainbow River/Blue Run 1. Construction and Restoration 200,000 100,000 2. Planning and Research (includes non-construction mgmt actions) 0 0 3. Enforcement 0 0 4. Environmental Education 0 0

Subtotal: 200,000 100,000

3. Charlotte Harbor 1. Construction and Restoration 400,000 200,000 2. Planning and Research (includes non-construction mgmt actions) 0 3. Enforcement 96,584 48,292 4. Environmental Education 0

Subtotal: 496,584 248,292

4. Sarasota Bay 1. Construction and Restoration 363,750 181,875 2. Planning and Research (includes non-construction mgmt actions) 300,000 150,000 3. Enforcement 58,334 29,167 4. Environmental Education 0 0

Subtotal: 722,084 361,042

5. Lake Tarpon 1. Construction and Restoration 242,124 121,062 2. Planning and Research (includes non-construction mgmt actions) 0 0 3. Enforcement 0 0 4. Environmental Education 0 0

Subtotal: 242,124 121,062

Grand Total: 7,504,126 3,752,063

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Item 28



WMIS Flow Meter Installation Project

PurposeTransfer a total of $144,625 from the Northern Tampa Bay Water Use Caution Area (NTBWUCA) Flow Meter Reimbursement Project to the Water Management Information System (WMIS) Flow Meter Installation Project.

BackgroundThe Governing Board approved funding for the NTBWUCA Flow Meter Reimbursement Project in the FY2008 budget. The District needs accurate water use data collected by flow meters to fulfill its statutory responsibilities and to protect the state’s water resources. Data accuracy is critical to determining estimated water use and for modeling the health of the resources.

The intent of the NTBWUCA project was to reimburse permittees for the installation of flow meters in the newly created section of NTBWUCA. Several permittees chose not to participate in that program and staff is recommending the transfer of unused funds to the District’s WMISFlow Meter Program.

Currently, there are approximately 20 older permits not encompassed in previous meter-reimbursement programs that allow permittees to provide water use data in non-standard units (e.g., acre-feet, hours pumped) and using nonstandard devices (e.g., hour-meters). This arrangement requires staff or the computer system to convert the measurements into gallons. In the future this data will be collected by WMIS. Because of the cost to create additional WMIS modules and processing efficiency, it would be in the District’s best interest to have flow meters installed on these sites. The WMIS meter data collection portal is projected to be available in June and it would be beneficial to have the flow meters on these sites by that time.

Benefits/CostThe transfer of $144,625 to the Performance Management Office (PMO) for the installation of flow meters is a cost effective way to improve the quality of data in the WMIS and to make the reporting process easier for the permittee. In addition, the installation of flow meters will be outsourced to private enterprise and is consistent with the Governor’s directives of creating jobs in the private sector.

Impact If Not FundedThe District will continue to receive pumping data in different measurement units and will have to spend money to design the WMIS to accept these values. Also, in some cases the data will only be an estimate of water used and this will make it more difficult for the District to make important resource decisions. In addition, the permittees will spend additional time collecting data.


Approve the transfer of $144,625 from the NTBWUCA Flow Meter Reimbursement Project to the Performance Management Office for the WMIS Flow Meter Installation Project.

Presenter: Ken Weber, Water Use Program Director, Strategic Program Office

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Item 29.a.

142



� Specific Board objectives or expectations for the Office of Inspector General;

Semiannual Performance Report on District Audit Services

In accordance with Board Policy 140-3, staff is submitting two reports for review and acceptance by the Finance and Administration Committee: the first is titled, Audit Plan – Planned to Actual;the second is titled Office of Inspector General Performance Measures. These semi-annually reports inform the District's Governing Board and Executive Management about audit activities and progress. The Finance and Administration Committee, acting as the Audit Committee, previously approved the reports' formats and information requirements.

The Planned to Actual report is a one-page document that shows each Board-approved audit project in the audit plan and presents: (1) the planned and actual end dates; (2) the planned and actual hours worked on the projects; and (3) the percentage of planned hours used and estimated work completed. Information contained in the report shows that as of March 31, the office has used 51 percent of its available hours and completed 52 percent of planned work. More importantly, 83 percent of the listed projects remain on track for being completed within 110 percent of budgeted hours.

The Performance Measures report is also a one-page document that requires the Office of Inspector General to gather data and submit evidence that the work performed gives value to the District. The report, a six column table, shows:

� Tasks or achievements identified by the Board that the Office of Inspector General shouldcomplete to demonstrate that it met the Board's objectives or expectations;

� The benchmark and performance of the OIG against the tasks or achievements.

To date, the Office of Inspector General has met all but one of the Board's requirements for the fiscal year. Following are a sample of performance highlights for the first half of fiscal year 2009:

� Key catalyst in the completion of the reorganization of the Regulation Performance Management Department. The organization focused and realigned 32 positions including the development of a new quality assurance group.

� Exploration, refinement, and communication of the critical ERP business requirements and questions to be addressed during the WMIS implementation of that program.

� Determined that network security governance and controls were achieving program directives including benchmarking District procedures against internationally accepted best practices.

� Assisted with the publicly well received permit delegation project.� Provided necessary project support to assist early removal of the District’s mainframe

computer.


In accordance with Board Policy 140-3, staff requests the Board accept the following Audit Plan – Planned to Actual, and the Office of Inspector General Performance Measuresreports.

Presenter: Kurt P. Fritsch, Inspector General

Percentage PlannedPlanned Planned Actual Planned Actual Hours Work

Audit Plan Description Start End End Hours Hours Used Completed

Internal AuditsNetwork Security Audit (2009) * Nov-08 Jun-09 -- 280 136 49% 50%WMIS Process Control Implementation -- WUP General & Individual Releases Jan-09 Aug-09 -- 368 108 29% 30%WMIS Process Control Implementation -- WUP Monitoring Oct-08 Sep-09 -- 312 131 42% 35%WMIS Systems Development -- ERP Concept Engineering Oct-08 Jan-09 Feb-09 180 196 100% 100%WMIS Systems Development -- ERP Technical Business Process Mapping Nov-08 Aug-09 -- 296 112 38% 25%WMIS -- Mainframe Systems Integration & Decommissioning ** Oct-08 Sep-09 -- 480 284 59% 50%WMIS Process Control Implementation -- ERP Administrative Nov-08 Sep-09 -- 65 24 36% 50%Purchase Card Procedure Compliance Audit * Oct-08 Feb-09 -- 288 111 38% 40%Cell Phone Procedure Compliance Audit * Jan-09 Jul-09 -- 288 90 31% 25%Fraud Monitoring Oct-08 Sep-09 -- 40 18 45% 50%Land Resources Business Process Reviews (Acquisition) Jan-09 Sep-09 -- 296 81 27% 35%External AuditsDepartment of Health: Chemistry Lab Audit * Oct-08 Jan-09 -- 48 4 8% 10%OPPAGA: Florida Fish & Wildlife Review -- Outreach Expenses Oct-08 Jan-09 Jan-09 20 20 100% 100%Legislative Sunset Review Committee Oct-08 Sep-09 -- 136 58 43% 50%Annual Financial Audit Dec-08 Feb-09 Mar-09 10 5 50% 100%Progress ReportsMFL Monitoring (6 Month) Oct-08 Mar-09 -- 44 17 39% 70%Network Security Assurance Audit (2008) (6 Month) Oct-08 Apr-09 -- 296 167 56% 55%Regulation Performance Management Realignment (6 Month) Oct-08 May-09 -- 323 218 68% 75%Land Resources Business Process Reviews (Land Use/Land Mgmt) (6 Month) Jan-09 Apr-09 -- 72 54 75% 75%Annual Financial Audit (6 Month) Apr-09 Aug-09 -- 2 0% 0%Subtotal -- Audit Projects 3,844 1,834 48% 45%

Mandated AssignmentsAnnual Office of Inspector General Report Oct-08 Oct-08 Oct-08 75 71 95% 100%Development of Annual Risk Assessment and Audit Plan Jul-09 Oct-09 -- 122 40 33% 50%Chemistry Laboratory Managerial Audit Feb-09 May-09 -- 112 54 48% 50%Whistle-blower / Investigations Oct-08 Sep-09 -- 200 35 18% 50%District Performance Measures Oct-08 Sep-09 -- 48 16 33% 30%OIG Quality Assessment Review Nov-08 Jun-09 -- 175 61 35% 20%Subtotal -- Mandated Assignments 732 277 38% 47%

Discretionary Assistance Oct-08 Sep-09 -- 348 219 63% 50%

Total -- Audits and Other Direct Services 4,924 2,330 48% 46%Audit Services AdministrationAudit Management Activities Oct-08 Sep-09 -- 284 150 53% 50%Professional Training and Development Oct-08 Sep-09 -- 192 66 35% 35%Leave (Annual, Sick & Holidays) (1,012 earned) Oct-08 Sep-09 -- 864 609 71% 65%

Total -- Audit Services Administration 1,340 825 62% 58%

Total -- Audit Plan 6,264 3,155 51% 52%

Legend:WMIS - Water Management Information System IG - Inspector GeneralWUP - Water Use Permitting PA - Principal AuditorERP - Environmental Resource Permitting AA - Associate AuditorOPPAGA - Office of Program Policy and Government Analysis OIG - Office of Inspector General

* Audit report submitted to Governing Board on Consent Agenda; all others summarized in Annual Report** Project will continue in FY 2010

Audit Projects

Schedule Status

Office of Inspector General: Fiscal Year 2009 Audit Plan -- Planned to Actual ReportFor the Period of October 1, 2008 through March 31, 2009

143

Audit Committee MonitoringIG Performance Measures

For the Period: October 1, 2008 through March 31, 2009

Objective/Expectation Benchmark Planned DateCompleted

(%)• Perform annual risk assessment Annually October 2008 100%• Present District risk matrix to Executive Director (ED) Annually October 2008 100%• Obtain Finance Committee (FC) approval of annual audit plan and general audit objectives Annually October 2008 100%• Present estimated dollars and hours to complete audit to FC as part of plan Annually October 2008 100%• Variance between targeted completion date and report issuance within 30 days 90% Per Audit Plan 60%• Actual hours under 110% of budgeted hours 80% Per Audit Plan 83%• Obtain minimum rating from customers surveyed regarding adequacy of scopes and understanding

of processes [(A) Q6,7,8, (B) Q1,2,6,11, (C) Q1,4,8]5* September 2009 6.5*

• Perform audits on all high significance/high likelihood areas within this audit plan year All Per Audit Plan 100%• Legal department approval or determination of all applicable laws/regulations for process All Per Audit Plan 100%• Identify cost savings or avoidance jointly with management of a predetermined dollar range per year $325,000 September 2009 Not yet due

• Administer surveys to FC members within 20 days of when report is presented All Per Audit Plan 100%• Administer surveys to each auditee and appropriate executive management within 20 days of end of

fieldwork20 days Per Audit Plan 100%

• Obtain minimum rating from customers surveyed regarding timely, adequate and effective communication [(A) Q1,2, (B) Q5,12, (C) Q3,9]

5* September 2009 6.8*

• Obtain minimum rating from customers surveyed regarding clear, logical and concise audit reports [(A) Q9,10, (B)Q7,8,9,10, (C) Q5,6,7]


• Draft report with end of fieldwork date noted on report, will be delivered to ED within 10 working days of last day of fieldwork (report date)

10 days Per Audit Plan 100%

• Results will be available for FC within 25 working days of end of fieldwork/activity (includes review process) and presented to FC no later than 60 days after fieldwork

25 days Per Audit Plan 100%

• Obtain minimum rating from customers surveyed regarding whether customers would come to OIG with operational, compliance, or performance issues (A) Q13


• Obtain minimum rating from customers surveyed regarding listening skills, interaction with personnel, team player mentality, and professionalism [(A) Q3,4,5, (B) Q13 (C) Q2]


• Obtain minimum rating from customers surveyed regarding value of recommendations [(A) Q11,12, (B) Q3,4, (C) Q2]


• Provide status report(s) of corrective actions taken as a result of other auditors' reports to Governing Board within 6 months and 18 - 24 months of report date, as appropriate

100% Per Audit Plan 100%

• File such report with ED, Governing Board and Legislative Auditing Committee within 6 months and 18 months of Auditor General or OPPAGA audit report, as required

100% Per Audit Plan 100%

• Provide performance measures, budget-to-date (audit plan status, report on special activities, and Action Plan progress) to the ED and Governing Board semiannually

Semiannually April 2008 and October 2009

100%

• Discuss OIG activities with ED monthly Monthly Monthly 100%• Adhere to all Whistle-blower timeline requirements All Per W/B Policy 100%• Compile and distribute the OIG Annual Report that summarizes OIG activity and signficant results Annually October 2008 100%

Meet customer needs / objectives

Produce timely, informative, concise and action-oriented reports

Remain a competitive, valued internal consulting option for District management

Meet all statutory and other requirements specific to Office of Inspector General function

Identify areas Board needs Office of Inspector General (OIG) to review (Audit Plan)

Performance Measure

Determine District compliance with laws, regulations and contractual commitments and that District resources are utilized in an effective and efficient manner

Operate Office of Inspector General effectively and efficiently

* - on a scale of 1 to 7, 7 being the highest

144

Item 29.b.



� Shows the Office of Inspector General's proposed work schedule,

Fiscal Year 2009 Audit Plan Amendment

In accordance with Board Policies 140-1 and 140-3, we are submitting a request to amend the Annual Audit Plan for Fiscal Year 2009. The audit plan does the following:

� Identifies the categories of services the office provides to help the District achieve its goals and objectives, and

� Presents specific cost estimates for the provision of the services.

Two exhibits follow this recap. The first exhibit is the amended plan for which staff requestsapproval. The second exhibit presents the amended audit plan in legislative format to highlightevery proposed change. The amendment effectively shifts available staff hours assigned to certain projects and may change individual project costs. However, the amendment does notchange either total planned costs or the District's Office of Inspector General financial budget.

The proposed amendment allows staff to recognize where management has addressed potential weaknesses thereby reducing risk and allowing the OIG to shift its focus. An example of this type of change is the discontinuation of the WUP General and Individual Release project for which management has a detailed monitoring program and shifting resources to increase WMIS utilization rates by external parties. Other changes include the extension of project dates when planned external events have not occurred. An example of this type of amendment is the Department of Health: Chemistry Lab Audit. The Department of Health originally planned to send its examiners last calendar year, but they are now scheduled to arrive at the District’s offices this month.


In accordance with Board Policies 140-1 and 140-3, staff requests the Board approve the proposed amended Fiscal Year 2009 Audit Plan.

Presenter: Kurt P. Fritsch, Inspector General

145

Office of Inspector General: Proposed FY 2009 Audit Plan (as amended)For the Period of October 1, 2008 through September 30, 2009

Presented to the District Finance and Administration Committee: March 31, 2009

Audit Plan Description Start End IG

Hours PA

Hours AA

HoursTotalHours Cost ($)

Internal AuditsNetwork Security Audit (2009) * Nov-08 Aug-09 64 208 8 280 19,269$ WMIS Process Control Implementation -- WUP General & Individual Releases Jan-09 Mar-09 18 83 8 109 7,501WMIS Utilization Rates Apr-09 Sep-09 38 213 8 259 17,823WMIS Process Control Implementation -- WUP Monitoring Oct-08 Mar-09 95 29 8 132 9,084WMIS Systems Development -- ERP Concept Engineering Oct-08 Jan-09 164 - 16 180 12,387WMIS Systems Development -- ERP Technical Business Process Mapping Nov-08 Sep-09 378 - 24 402 27,664WMIS -- Mainframe Systems Integration & Decommissioning Oct-08 Sep-09 64 429 16 509 35,028WMIS Process Control Implementation -- ERP Administrative Nov-08 Mar-09 7 17 - 24 1,652Purchase Card Procedure Compliance Audit * Oct-08 May-09 56 - 232 288 19,819Cell Phone Procedure Compliance Audit * Jan-09 Jul-09 56 - 232 288 19,819Fraud Monitoring Oct-08 Sep-09 8 - 32 40 2,753Land Resources Business Process Reviews (Acquisition) Jan-09 Sep-09 88 - 208 296 20,370External AuditsDepartment of Health: Chemistry Lab Audit * Apr-09 Jun-09 8 - 40 48 3,303OPPAGA: Florida Fish & Wildlife Review -- Outreach Expenses Oct-08 Jan-09 12 - 8 20 1,376Legislative Sunset Review Committee Oct-08 Sep-09 104 - 32 136 9,359Annual Financial Audit Dec-08 Feb-09 8 - 2 10 688Progress ReportsMFL Monitoring (6 Month) Oct-08 Mar-09 36 - 8 44 3,028Network Security Assurance Audit (2008) (6 Month) Oct-08 Jun-09 72 208 16 296 20,370Performance Management Office Realignment (6 Month) Oct-08 May-09 64 251 8 323 22,228Land Resources Business Process Reviews (Land Use/Land Mgmt) (6 Month) Jan-09 Apr-09 24 - 48 72 4,955Annual Financial Audit (6 Month) Apr-09 Aug-09 2 - - 2 138Subtotal -- Audit Projects 1,366 1,438 954 3,758 258,613

Mandated AssignmentsAnnual Office of Inspector General Report Oct-08 Oct-08 24 11 40 75 5,161$ Development of Annual Risk Assessment and Audit Plan Jul-09 Oct-09 40 42 40 122 8,396Chemistry Laboratory Managerial Audit Apr-09 Jul-09 16 - 96 112 7,707Whistle-blower / Investigations Oct-08 Sep-09 40 - 160 200 13,763District Performance Measures Oct-08 Sep-09 32 - 16 48 3,303OIG Quality Assessment Review Nov-08 Mar-09 10 6 65 81 5,574Subtotal -- Mandated Assignments 162 59 417 638 43,904$

Discretionary Assistance Oct-08 Sep-09 148 183 125 456 31,380$

Total -- Audits and Other Direct Services 1,676 1,680 1,496 4,852 333,897$

Planned Audit Hours

Audit Projects

Page 1 of 2

146

Office of Inspector General: Proposed FY 2009 Audit Plan (as amended)For the Period of October 1, 2008 through September 30, 2009

Presented to the District Finance and Administration Committee: March 31, 2009


Hours PA

Hours AA


Planned Audit Hours

Audit ProjectsAudit Services AdministrationAudit Management Activities Oct-08 Sep-09 48 36 200 284 Professional Training and Development Oct-08 Sep-09 64 64 64 192 Leave (Annual, Sick & Holidays) (1,012 earned) Oct-08 Sep-09 300 308 328 936

Total -- Audit Services Administration 412 408 592 1,412

Total -- Audit Plan 2,088 2,088 2,088 6,264


* Audit report submitted to Governing Board on Consent Agenda; all others summarized in Annual Repor** Project will continue in FY 2010

Page 2 of 2

147

Office of Inspector General: Proposed FY 2009 Audit Plan (as amended)Legislative format to show proposed changes

For the Period of October 1, 2008 through September 30, 2009Presented to the District Finance and Administration Committee: March 31, 2009


Hours PA

Hours AA


Internal AuditsNetwork Security Audit (2009) * Nov-08 Jun-09 64 208 8 280 18,987$Network Security Audit (2009) * Nov-08 Aug-09 64 208 8 280 19,269$ WMIS Process Control Implementation -- WUP General & Individual Releases Jan-09 Aug-09 56 296 16 368 24,954WMIS Process Control Implementation -- WUP General & Individual Releases Jan-09 Mar-09 18 83 8 109 7,501WMIS Utilization Rates Apr-09 Sep-09 38 213 8 259 17,823WMIS Process Control Implementation -- WUP Monitoring Oct-08 Sep-09 192 104 16 312 21,157WMIS Process Control Implementation -- WUP Monitoring Oct-08 Mar-09 95 29 8 132 9,084WMIS Systems Development -- ERP Concept Engineering Oct-08 Jan-09 164 - 16 180 12,387WMIS Systems Development -- ERP Technical Business Process Mapping Nov-08 Aug-09 280 - 16 296 20,072WMIS Systems Development -- ERP Technical Business Process Mapping Nov-08 Sep-09 378 - 24 402 27,664WMIS -- Mainframe Systems Integration & Decommissioning Oct-08 Sep-09 64 400 16 480 32,549WMIS -- Mainframe Systems Integration & Decommissioning Oct-08 Sep-09 64 429 16 509 35,028WMIS Process Control Implementation -- ERP Administrative Nov-08 Sep-09 - 65 - 65 4,408WMIS Process Control Implementation -- ERP Administrative Nov-08 Mar-09 7 17 - 24 1,652Purchase Card Procedure Compliance Audit * Oct-08 Feb-09 56 - 232 288 19,529Purchase Card Procedure Compliance Audit * Oct-08 May-09 56 - 232 288 19,819Cell Phone Procedure Compliance Audit * Jan-09 Jul-09 56 - 232 288 19,819Fraud Monitoring Oct-08 Sep-09 8 - 32 40 2,753Land Resources Business Process Reviews (Acquisition) Jan-09 Sep-09 88 - 208 296 20,370External AuditsDepartment of Health: Chemistry Lab Audit * Oct-08 Jan-09 8 - 40 48 3,255Department of Health: Chemistry Lab Audit * Apr-09 Jun-09 8 - 40 48 3,303OPPAGA: Florida Fish & Wildlife Review -- Outreach Expenses Oct-08 Jan-09 12 - 8 20 1,376Legislative Sunset Review Committee Oct-08 Sep-09 104 - 32 136 9,359Annual Financial Audit Dec-08 Feb-09 8 - 2 10 688Progress ReportsMFL Monitoring (6 Month) Oct-08 Mar-09 36 - 8 44 3,028Network Security Assurance Audit (2008) (6 Month) Oct-08 Apr-09 72 208 16 296 20,072Network Security Assurance Audit (2008) (6 Month) Oct-08 Jun-09 72 208 16 296 20,370Regulation Performance Management Realignment (6 Month) Oct-08 May-09 64 251 8 323 21,903Performance Management Office Realignment (6 Month) Oct-08 May-09 64 251 8 323 22,228Land Resources Business Process Reviews (Land Use/Land Mgmt) (6 Month) Jan-09 Apr-09 24 - 48 72 4,955Annual Financial Audit (6 Month) Apr-09 Aug-09 2 - - 2 138Subtotal -- Audit Projects 1,358 1,532 954 3,844 260,662$Subtotal -- Audit Projects 1,366 1,438 954 3,758 258,613$

Mandated AssignmentsAnnual Office of Inspector General Report Oct-08 Oct-08 24 11 40 75 5,161$ Development of Annual Risk Assessment and Audit Plan Jul-09 Oct-09 40 42 40 122 8,396Chemistry Laboratory Managerial Audit Feb-09 May-09 16 - 96 112 7,595Chemistry Laboratory Managerial Audit Apr-09 Jul-09 16 - 96 112 7,707Whistle-blower / Investigations Oct-08 Sep-09 40 - 160 200 13,763District Performance Measures Oct-08 Sep-09 32 - 16 48 3,303OIG Quality Assessment Review Nov-08 Jun-09 40 31 104 175 11,867OIG Quality Assessment Review Nov-08 Mar-09 10 6 65 81 5,574Subtotal -- Mandated Assignments 192 84 456 732 49,637$Subtotal -- Mandated Assignments 162 59 417 638 43,904$





Planned Audit Hours

Audit Projects

Page 1 of 2

148

Office of Inspector General: Proposed FY 2009 Audit Plan (as amended)Legislative format to show proposed changes

For the Period of October 1, 2008 through September 30, 2009Presented to the District Finance and Administration Committee: March 31, 2009


Hours PA

Hours AA


Planned Audit Hours

Audit ProjectsAudit Services AdministrationAudit Management Activities Oct-08 Sep-09 48 36 200 284 Professional Training and Development Oct-08 Sep-09 64 64 64 192 Leave (Annual, Sick & Holidays) (1,012 earned) Oct-08 Sep-09 288 288 288 864Leave (Annual, Sick & Holidays) (1,012 earned) Oct-08 Sep-09 300 308 328 936



Total -- Audit Plan 2,088 2,088 2,088 6,264

Total -- Audit Plan 2,088 2,088 2,088 6,264


* Audit report submitted to Governing Board on Consent Agenda; all others summarized in Annual Repor** Project will continue in FY 2010

Page 2 of 2

149

Item 30


Outreach and Planning Committee

Updates to Standing Advisory Committee Board Policies

PurposeTo attain Board approval of eight updated Board Policies.

Background/HistoryThe Governing Board has adopted policies addressing significant operational matters and management issues of the District in order to provide overall guidance to accomplish District and Basin functions. Board policies are reviewed regularly, and updated as necessary.

In 2008 the Legislature increased the number of Governing Board members to thirteen, and in January the Governing Board combined the Northwest Hillsborough Basin with the Hillsborough River Basin. These two actions prompted a review of the Board policies listed below, since all eight policies reference the membership of the Boards.

170-1 Agricultural Advisory Committee170-2 Public Supply Advisory Committee170-3 Industrial Advisory Committee170-4 Green Industry Advisory Committee170-5 Environmental Advisory Committee170-7 Basin Board Education Committee170-8 Basin Board Land Resources Committee225-017 Well Drilling Advisory Committee

Draft policy updates were presented to each of the respective committees for comment and input at meetings held in January, February and March. In addition to updating the Board references in each policy, scrivener corrections were made, references to Roberts Rules of Order and the Sunshine Law were enhanced, and committee terms of membership were clarified. In addition, each advisory committee board policy now lists the member organizations that are currently participating. The list of member organizations is by no means intended to be exclusive and is only included to demonstrate the breadth of participation in each committee. No substantive changes are proposed for any of the policies.


Approve updates to Board Policies 170-1, 170-2, 170-3, 170-4, 170-5, 170-7, 170-8, and 225-017 as presented.

Presenter: Lou Kavouras, Deputy Executive Director, Outreach, Planning and Board Services

150

BOARD POLICYSOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

TITLE: Agricultural Advisory CommitteeSECTION/DEPT: Executive NUMBER: 170-1 PAGE: 1 OF 3

APPROVED BY: C.A. "NEIL" COMBEE, CHAIR EFFECTIVE DATE: 4/28/2009 SUPERSEDES: 12/18/2001

STATEMENT OF POLICY:

The purpose of this policy is to establish the Agricultural Advisory Committee (AAC) to the Southwest Florida Water Management District, and to set forth the purpose, activities and membership guidelines of the AAC.

The District Governing Board has established this Advisory Committee for the purpose of obtaining input on District programs, projects and related resource management issues. The Governing Board recognizes and appreciates the significant commitment of the organizations and individuals who agree to serve on this Committee. This Advisory Committee is a valuable resource to the District and the input it provides helps to ensure the District is meeting its responsibilities in an effective and efficient manner.

The District has an eleven thirteen member Governing Board and eight seven Basin Boards comprised of an at least twenty nine additional forty-four gubernatorial appointees. The Board appointees are citizens from throughout the District representing the numerous and variedinterests which exist. The Boards hold in excess of 100 public meetings annually and provide supervisory direction to the District staff. These Governing Board and Basin Board appointees are the policy makers of the District and ensure that the District achieves its statutory responsibilities. It is the intent of these Board members that the advisory committees not be engaged in policymaking but continue in the mission of providing valuable feedback and advice on issues that are determined by Board members to be directly related to the District’s statutory responsibilities.

It is in recognition of staff’s ongoing obligations to these existing Boards that this Advisory Committee is established. District staff is charged with providing administrative support to the Committee, including developing and mailing meeting notices and agendas, making arrangements for meeting facilities, recording meetings and providing meeting summaries, monitoring membership and officer terms, and performing other related administrative matters.

PurposeThe purpose of the AAC is to provide professional and technical input into District programs and activities including regulatory programs, rule revisions, water conservation activities, water resource planning, water resource and supply development projects, research and other water resource management projects that relate to the agricultural industry. Subject matter considered by the AAC shall relate to the statutory duties and responsibilities of the District. AAC members serve as liaisons with the District, maintaining communication with members of their organizations and conveying input from the organization to the AAC. In addition, the AAC acts as an education extension of the District by helping to disseminate information and by advising and assisting the District in education programs and projects. A function of the AAC shall be to provide two-way communication between the District and the agricultural industry.

Membership will consist of representatives of agricultural commodity groups; these commodities are chosen on the basis of whether they are prevalent within the District. Members will be selected by the Executive Director at the recommendation of the Governing Board, designated District staff or from nominations by the President or appropriate person of the member

Membership

151




organizations. The Chair of the AAC may recommend new members to the District. Each AAC member organization shall designate a primary representative. Alternates may also be designated for the primary representatives and will have full voting rights in the absence of the primary representative. The current AAC members organizations listed below may be supplemented or revised as deemed appropriate by the District in order to achieve optimal representation of the agricultural industry:

American Society of Agricultural Engineers, Florida SectionFlorida Cattlemen’s AssociationFlorida Citrus MutualFlorida Citrus Production Managers AssociationFlorida Farm Bureau FederationFlorida Fruit and Vegetable AssociationFlorida Irrigation SocietyFlorida Nurserymen and Growers and Landscape AssociationFlorida Strawberry Growers AssociationFlorida Tomato ExchangeFlorida Tropical Fish Farms AssociationFlorida Turfgrass AssociationPeace River Valley Citrus Growers AssociationTampa Bay Wholesale GrowersFlorida Forestry AssociationFlorida Blueberry AssociationFlorida Sod Growers Cooperative

AAC member representatives shall be designated as authorized travelers of the District.

Terms of MembershipTerm of membership on the AAC shall be three years. Multiple terms may be served. AAC members/designees who miss three consecutive meetings, without prior notice to the District, will voluntarily give up their place on the AAC.

Officers and DutiesThe AAC will elect a chair and vice-chair who will serve two year terms of office and may be elected to those positions a maximum of two consecutive times. A majority of AAC members must be present for the election of officers. Election shall be by majority vote.

The chair shall be responsible for assisting the District staff in establishing meeting agendas, in soliciting input from AAC members, for chairing AAC meetings, for establishing subcommittees as may be appropriate, and for representing the AAC when necessary. The vice-chair shall serve as chair in the chair’s absence.

Meetings of the AAC will be held, at a minimum, quarterly when there are sufficient agenda items or as authorized by the Executive Director or his/her designee. The Chair of the AAC may request that special meetings be held. AAC members/designees who miss three consecutive meetings, without prior notice to the District, will voluntarily give up their place on the AAC.

Meetings

152




Notices of AAC meetings will be mailed in advance of the meetings by the District to members and interested persons. The AAC’s meetings will be recorded by the District staff. Abbreviated meeting summaries will be provided to the AAC members. Topics for discussion at AAC meetings will be focused on priorities set by the Governing Board and limited to issues specific to those priorities. Other topics may be proposed by the AAC which shall be placed on the agenda for discussion; however, requests of staff requiring more than routine support will be subject to approval by the Executive Director or the Governing Board. All determinations of the AAC shall be by majority vote of the members present (no quorum requirement), except in the election of officers as provided for above and in cases where the AAC requests that a specific recommendation be presented to the Governing Board, whereby a majority of the AAC must be present and such request must be approved by a majority vote. The requested input from the AAC to the District will be reported to the Governing Board when requested by the AAC or whenotherwise deemed appropriate. Such reports may be presented by the Governing Board Liaison, AAC chair, other AAC members designated by the chair or selected by the AAC, or by District staff. Meetings shall be conducted in accordance with Robert’s “Rules of Order” as described in Robert’s “Rules of Order Newly Revised,” originally written by General Henry M. Robert (1876), unless specified otherwise by law or this policy. The AAC is subject to the FloridaGovernment-in-the-Sunshine Law and all other applicable laws and regulations.

AUTHORITY: Chapter 373, Florida Statutes

REFERENCES: Rules of Order Newly Revised, originally by Henry M. Robert (1876) Section 286.011, Florida Statutes (Government-in-the-Sunshine Law)

153


TITLE: Public Supply Advisory CommitteeSECTION/DEPT: Executive NUMBER: 170-2 PAGE: 1 OF 3



The purpose of this policy is to establish the Public Supply Advisory Committee (PSAC) to the Southwest Florida Water Management District, and to set forth the purpose, activities andmembership guidelines of the PSAC.


The District has an eleven thirteen member Governing Board and eight seven Basin Boards comprised of an at least twenty nine additional forty-four gubernatorial appointees. The Board appointees are citizens from throughout the District representing the numerous and varied interests which exist. The Boards hold in excess of 100 public meetings annually and provide supervisory direction to the District staff. These Governing Board and Basin Board appointees are the policy makers of the District and ensure that the District achieves its statutory responsibilities. It is the intent of these Board members that the advisory committees not be engaged in policymaking but continue in the mission of providing valuable feedback and advice on issues that are determined by Board members to be directly related to the District’s statutory responsibilities.


PurposeThe purpose of the PSAC is to provide professional and technical input into District programs and activities including regulatory programs, rule revisions, water conservation activities, water resource planning, water resource and supply development projects, research and other water resource management projects that relate to water suppliers. Subject matter considered by the PSAC shall relate to the statutory duties and responsibilities of the District. PSAC members serve as liaisons with the District, maintaining communication with members of their organizations and conveying input from the organization to the PSAC. In addition, the PSAC acts as an education extension of the District by helping to disseminate information and byadvising and assisting the District in education programs and projects. A function of the PSAC shall be to provide two-way communication between the District and the public supplycommunity.

Membership will consist of representatives of both public and private water supply utilities; these representatives are chosen on the basis of achieving representation of the types and sizes of water supply utilities located throughout the District. These representatives Members will be

Membership

154




selected by the Executive Director at the recommendation of the Governing Board, designated District staff or from nominations by the President or appropriate person of the member organizations. The Chair of the PSAC may recommend new members to the District. Each PSAC member organization shall designate a primary representative. Alternates may also be designated to represent their organization in the absence of the primary member. The alternaterepresentative shall have full voting rights in the absence of the primary. The current PSAC member organizations listed below may be supplemented or revised as deemed appropriate by the District in order to achieve optimal representation of the industrial sector.

Citrus County UtilitiesCity of Bradenton UtilitiesCity of Brooksville UtilitiesCity of Lakeland Water UtilitiesCity of North Port UtilitiesCity of Tampa Water DepartmentCity of Tarpon Springs UtilitiesCity of St. Petersburg UtilitiesCity of Plant City UtilitiesCity of Punta Gorda UtilitiesCity of Zephyrhills UtilitiesDeSoto County UtilitiesFlorida Government Utilities

Hernando County UtilitiesHillsborough County UtilitiesManatee County UtilitiesMarion County UtilitiesOn Top Of the World UtilitiesPasco County UtilitiesPeace River/Manasota Regional WSAPinellas County UtilitiesPolk County UtilitiesSarasota County UtilitiesTampa Bay WaterThe VillagesWithlacoochee Regional WSA

PSAC member representatives shall be designated as authorized travelers of the District.

Terms of MembershipTerm of membership on the IAC shall be three years. Multiple terms may be served. PSAC members/designees who miss three consecutive meetings, without prior notice to the District, will voluntarily give up their place on the PSAC.

Officers and DutiesThe PSAC will elect a chair and vice-chair who will serve two year terms of office and may be elected to those positions a maximum of two consecutive times. A majority of PSAC members must be present for the election of officers. Election shall be by majority vote.

The chair shall be responsible for assisting the District staff in establishing meeting agendas, in soliciting input from PSAC members, for chairing PSAC meetings, for establishing subcommittees as may be appropriate, and for representing the IAC when necessary. The vice-chair shall serve as chair in the chair’s absence.

Meetings of the PSAC will be held, at a minimum, quarterly when there are sufficient agenda items or as authorized by the Executive Director or his/her designee. The Chair of the PSAC may request that special meetings be held. PSAC members/designees who miss three consecutive meetings, without prior notice to the District, will voluntarily give up their place on the IAC. Notices of PSAC meetings will be mailed in advance of the meetings by the District to

Meetings

155




members and interested persons. The PSAC’s meetings will be recorded by District staff. Abbreviated meeting summaries will be provided to the PSAC members. Topics for discussion at IAC meetings will be focused on priorities set by the Governing Board and limited to issuesspecific to those priorities. Other topics may be proposed by the PSAC which shall be placed on the agenda for discussion; however, requests of staff requiring more than routine support will be subject to approval by the Executive Director or the Governing Board. All determinations of the PSAC shall be by majority vote of the members present (no quorum requirement), except in the election of officers as provided for above and in cases where the PSAC requests that a specific recommendation be presented to the Governing Board, whereby a majority of the PSAC must be present and such request must be approved by a majority vote. The requested input from the PSAC to the District will be reported to the Governing Board when requested by the PSAC or when otherwise deemed appropriate. Such reports may be presented by the Governing Board Liaison, PSAC chair, other PSAC members designated by the chair or selected by the PSAC, or by District staff. Meetings shall be conducted in accordance with Robert’s “Rules of Order” as described in Robert’s “Rules of Order Newly Revised,” originally written by General Henry M. Robert (1876), unless specified otherwise by law or this policy. The PSAC is subject to the Florida Government-in-the-Sunshine Law and all other applicable laws and regulations.



156


TITLE: Industrial Advisory CommitteeSECTION/DEPT: Executive NUMBER: 170-3 PAGE: 1 OF 3



The purpose of this policy is to establish the Industrial Advisory Committee (IAC) to the Southwest Florida Water Management District, and to set forth the purpose, activities andmembership guidelines of the IAC.




PurposeThe purpose of the IAC is to provide professional and technical input into District programs and activities including regulatory programs, rule revisions, water conservation activities, water resource planning, water resource and supply development projects, research and other water resource management projects that relate to the environment. Subject matter considered by the IAC shall relate to the statutory duties and responsibilities of the District. IAC members serve as liaisons with the District, maintaining communication with members of their organizations and conveying input from the organization to the IAC. In addition, the IAC acts as an education extension of the District by helping to disseminate information and by advising and assisting the District in education programs and projects. A function of the IAC shall be to provide two-way communication between the District and the industrial community.

Membership will consist of representatives of industrial water users; these representatives are chosen on the basis of whether they are prevalent within the District. These representativesMembers will be selected by the Executive Director at the recommendation of the Governing Board, designated District staff or from nominations by the President or appropriate person of

Membership

157




the member organizations. The Chair of the IAC may recommend new members to the District.Each IAC member organization shall designate a primary representative. Alternates may also be designated to represent their organization in the absence of the primary member. The alternate representative shall have full voting rights in the absence of the primary. The current IAC member organizations listed below may be supplemented or revised as deemed appropriate by the District in order to achieve optimal representation of the industrial sector.

CF IndustriesCEMEXMosaic Fertilizer LLCProgress Energy FloridaSeminole Electric Cooperative, Inc.Tampa Electric CompanyStandard Sand and SilicaUS Agri-Chemicals Corporation

IAC member representatives shall be designated as authorized travelers of the District.

Terms of MembershipTerm of membership on the IAC shall be three years. Multiple terms may be served. IAC members/designees who miss three consecutive meetings, without prior notice to the District, will voluntarily give up their place on the IAC.

Officers and DutiesThe IAC will elect a chair and vice-chair who will serve two year terms of office and may be elected to those positions a maximum of two consecutive times. A majority of IAC members must be present for the election of officers. Election shall be by majority vote.

The chair shall be responsible for assisting the District staff in establishing meeting agendas, in soliciting input from IAC members, for chairing IAC meetings, for establishing subcommittees as may be appropriate, and for representing the IAC when necessary. The vice-chair shall serve as chair in the chair’s absence.

Meetings of the IAC will be held, at a minimum, quarterly when there are sufficient agenda items or as authorized by the Executive Director or his/her designee. The Chair of the IAC may request that special meetings be held. IAC members/designees who miss three consecutive meetings, without prior notice to the District, will voluntarily give up their place on the IAC.Notices of IAC meetings will be mailed in advance of the meetings by the District to members and interested persons. The IAC’s meetings will be recorded by the District staff. Abbreviated meeting summaries will be provided to the IAC members. Topics for discussion at IAC meetings will be focused on priorities set by the Governing Board and limited to issues specific to those priorities. Other topics may be proposed by the IAC which shall be placed on the agenda for discussion; however, requests of staff requiring more than routine support will be subject to approval by the Executive Director or the Governing Board. All determinations of the IAC shall be by majority vote of the members present (no quorum requirement), except in the election of officers as provided for above and in cases where the IAC requests that a specific

Meetings

158




recommendation be presented to the Governing Board, whereby a majority of the IAC must be present and such request must be approved by a majority vote. The requested input from the IAC to the District will be reported to the Governing Board when requested by the IAC or whenotherwise deemed appropriate. Such reports may be presented by the Governing Board Liaison, IAC chair, other IAC members designated by the chair or selected by the IAC, or by District staff. Meetings shall be conducted in accordance with Robert’s “Rules of Order” as described in Robert’s “Rules of Order Newly Revised,” originally written by General Henry M.Robert (1876), unless specified otherwise by law or this policy. The IAC is subject to the FloridaGovernment-in-the-Sunshine Law and all other applicable laws and regulations.



159


TITLE: Green Industry Advisory CommitteeSECTION/DEPT: Executive NUMBER: 170-4 PAGE: 1 OF 3



The purpose of this policy is to establish the Green Industry Advisory Committee (GIAC) to the Southwest Florida Water Management District, and to set forth the purpose, activities andmembership guidelines of the GIAC.

The District Governing Board has established this Advisory Committee for the purpose of obtaining input on District programs, projects and related resource management issues. The Governing Board recognizes and appreciates the significant commitment of the organizationsand individuals who agree to serve on this Committee. This Advisory Committee is a valuable resource to the District and the input it provides helps to ensure the District is meeting its responsibilities in an effective and efficient manner.

The District has an eleven thirteen member Governing Board and eight seven Basin Boards comprised of an at least twenty nine additional forty-four gubernatorial appointees. The Board appointees are citizens from throughout the District representing the numerous and varied interests which exist. The Boards hold in excess of 100 public meetings annually and provide supervisory direction to the District staff. These Governing Board and Basin Board appointeesare the policy makers of the District and ensure that the District achieves its statutory responsibilities. It is the intent of these Board members that the advisory committees not be engaged in policymaking but continue in the mission of providing valuable feedback and advice on issues that are determined by Board members to be directly related to the District’s statutory responsibilities.


PurposeThe purpose of the GIAC is to provide professional and technical input into District programs and activities including regulatory programs, rule revisions, water conservation activities, water resource planning, water resource and supply development projects, research and other water resource management projects that relate to the Green Industry. Subject matter considered by the GIAC shall relate to the statutory duties and responsibilities of the District. GIAC members serve as liaisons with the District, maintaining communication with members of their organizations and conveying input from the organization to the GIAC. In addition, the GIAC acts as an education extension of the District by helping to disseminate information and by advising and assisting the District in education programs and projects. A function of the GIAC shall be to provide two-way communication between the District and the Green Industry.

Membership will consist of representatives of professional associations, educational agencies and civic organizations which are involved in outdoor landscaping or irrigation; these representatives are chosen on the basis of whether they are prevalent within the District. These representatives will be selected by the Executive Director at the recommendation of the

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Governing Board, designated District staff or from nominations by the President or appropriate person of the member organizations. The Chair of the GIAC may recommend new members to the District. Each GIAC member organization shall designate a primary representative. Alternates may also be designated to represent their organizations in the absence of the primary member. The alternative representative shall have full voting rights in the absence of the primary. The current GIAC member organizations listed below may be supplemented or revised as deemed appropriate by the District in order to achieve optimal representation of the Green Industry:

American Society of Landscape ArchitectsAssociated Landscape Contractors of AmericaFlorida Golf Course Superintendent's AssociationFlorida Irrigation SocietyFlorida Nursery, Growers and Landscape AssociationFlorida Recreation and Parks AssociationFlorida Sod Growers CooperativeFuneral and Cemetery Alliance Florida Cemetery, Funeral & Cremation AssociationLandscape Maintenance AssociationPolk County Builders AssociationSuncoast Native Plant SocietyUniversity of Florida – IFAS Extension

GIAC member representatives shall be designated as authorized travelers of the District.

Terms of MembershipTerm of membership on the GIAC shall be three years. Multiple terms may be served. GIAC members/designees who miss three consecutive meetings, without prior notice to the District, will voluntarily give up their place on the GIAC.

Officers and DutiesThe GIAC will elect a chair and vice-chair who will serve two year terms of office and may be elected to those positions a maximum of two consecutive times. A majority of GIAC members must be present for the election of officers. Election shall be by majority vote.

The chair shall be responsible for assisting the District staff in establishing meeting agendas, in soliciting input from GIAC members, for chairing GIAC meetings, for establishing subcommittees as may be appropriate, and for representing the GIAC when necessary. The vice-chair shall serve as chair in the chair’s absence.

Meetings of the GIAC will be held, at a minimum, quarterly when there are sufficient agenda items or as authorized by the Executive Director or his/her designee. The Chair of the GIAC may request that special meetings be held. GIAC members/designees who miss three consecutive meetings, without prior notice to the District, will voluntarily give up their place on the GIAC. Notices of GIAC meetings will be mailed in advance of the meetings by the District to members and interested persons. The GIAC’s meetings will be recorded by the District staff. Abbreviated meeting summaries will be provided to the GIAC members. Topics for discussion at

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GIAC meetings will be focused on priorities set by the Governing Board and limited to issuesspecific to those priorities. Other topics may be proposed by the GIAC which shall be placed on the agenda for discussion; however, requests of staff requiring more than routine support will be subject to approval by the Executive Director or the Governing Board. All determinations of the GIAC shall be by majority vote of the members present (no quorum requirement), except in the election of officers as provided for above and in cases where the GIAC requests that a specific recommendation be presented to the Governing Board, whereby a majority of the GIAC must be present and such request must be approved by a majority vote. The requested input from the GIAC to the District will be reported to the Governing Board when requested by the GIAC or when otherwise deemed appropriate. Such reports may be presented by the Governing Board Liaison, GIAC chair, other GIAC members designated by the chair or selected by the GIAC, or by District staff. Meetings shall be conducted in accordance with Robert’s “Rules of Order” as described in Robert’s “Rules of Order Newly Revised,” originally written by General Henry M. Robert (1876), unless specified otherwise by law or this policy. The GIAC is subject to the Florida Government-in-the-Sunshine Law and all other applicable laws and regulations.



162


TITLE: Environmental Advisory CommitteeSECTION/DEPT: Executive NUMBER: 170-5 PAGE: 1 OF 3



The purpose of this policy is to establish the Environmental Advisory Committee (EAC) to the Southwest Florida Water Management District, and to set forth the purpose, activities andmembership guidelines of the EAC.


The District has an eleven thirteen member Governing Board and eight seven Basin Boards comprised of an at least twenty nine additional forty-four gubernatorial appointees. The Board appointees are citizens from throughout the District representing the numerous and variedinterests which exist. The Boards hold in excess of 100 public meetings annually and provide supervisory direction to the District staff. These Governing Board and Basin Board appointeesare the policy makers of the District and ensure that the District achieves its statutory responsibilities. It is the intent of these Board members that the advisory committees not be engaged in policymaking but continue in the mission of providing valuable feedback and advice on issues that are determined by Board members to be directly related to the District’s statutory responsibilities.


PurposeThe purpose of the EAC is to provide professional and technical input into District programs and activities including regulatory programs, rule revisions, water conservation activities, water resource planning, water resource and supply development projects, research and other water resource management projects that relate to the environment. Subject matter considered by the EAC shall relate to the statutory duties and responsibilities of the District. EAC members serve as liaisons with the District, maintaining communication with members of their organizations and conveying input from the organization to the EAC. In addition, the EAC acts as an education extension of the District by helping to disseminate information and by advising and assisting the District in education programs and projects. A function of the EAC shall be to provide two-way communication between the District and the environmental community.

Membership will consist of representatives of groups concerned in protecting the environment. These representatives are chosen on the basis of their active interest in the environmental issues of the area. These representatives will be selected by the Executive Director at the recommendation of the Governing Board, designated District staff or from nominations by the

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President or appropriate person of the member organizations. The Chair of the EAC may recommend new members to the District. Each EAC member organization shall designate a primary representative. Alternates may also be designated to represent their organizations in the absence of the primary member. The alternative representative shall have full voting rights in the absence of the primary. The current EAC member organizations listed below may be supplemented or revised as deemed appropriate by the District in order to achieve optimal representation of the environmental community:

American Littoral SocietyCharlotte County Chamber of CommerceControl Growth Now, Inc.Environmental Confederation of SW FloridaFlorida Division of ForestryFlorida Trail AssociationHeartland EnvironmentalIzaak Walton LeagueKeystone Civic AssociationManasota 88Manatee County Chamber of Commerce

Native Plant SocietyOcala/Marion Co. Chamber of CommerceOsprey Civic AssociationSt. Petersburg Audubon SocietySarasota Audubon SocietySarasota Bay National Estuary ProgramSarasota Chamber of CommerceSave the Homosassa River AllianceSierra Club – Tampa Bay GroupTampa Bay Estuary Program

EAC member representatives shall be designated as authorized travelers of the District.

Terms of MembershipTerm of membership on the EAC shall be three years. Multiple terms may be served. EAC members/designees who miss three consecutive meetings, without prior notice to the District, will voluntarily give up their place on the EAC.

Officers and DutiesThe EAC will elect a chair and vice-chair who will serve two year terms of office and may be elected to those positions a maximum of two consecutive times. A majority of EAC members must be present for the election of officers. Election shall be by majority vote. At least 50% of the member representatives must be in attendance for the election of officers.

The chair shall be responsible for assisting the District staff in establishing meeting agendas, in soliciting input from EAC members, for chairing EAC meetings, for establishing subcommittees as may be appropriate, and for representing the EAC when necessary. The vice-chair shall serve as chair in the chair’s absence.

Meetings of the EAC will be held, at a minimum, quarterly when there are sufficient agenda items or as authorized by the Executive Director or his/her designee. The Chair of the EAC may request that special meetings be held. EAC members/designees who miss three consecutive meetings, without prior notice to the District, will voluntarily give up their place on the EAC.Notices of EAC meetings will be mailed in advance of the meetings by the District to members and interested persons. The EAC’s meetings will be recorded by the District staff. Abbreviated meeting summaries will be provided to the EAC members. Topics for discussion at EAC meetings will be focused on priorities set by the Governing Board and limited to issues specific

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to those priorities. Other topics may be proposed by the EAC which shall be placed on the agenda for discussion; however, requests of staff requiring more than routine support will be subject to approval by the Executive Director or the Governing Board. All determinations of the EAC shall be by majority vote of the members present (no quorum requirement), except in the election of officers as provided for above and in cases where the EAC requests that a specific recommendation be presented to the Governing Board, whereby a majority of the EAC must be present and such request must be approved by a majority vote. The requested input from the EAC to the District will be reported to the Governing Board when requested by the EAC or whenotherwise deemed appropriate. Such reports may be presented by the Governing Board Liaison, EAC chair, other EAC members designated by the chair or selected by the EAC, or by District staff. Meetings shall be conducted in accordance with Robert’s “Rules of Order” as described in Robert’s “Rules of Order Newly Revised,” originally written by General Henry M. Robert (1876), unless specified otherwise by law or this policy. The EAC is subject to the FloridaGovernment-in-the-Sunshine Law and all other applicable laws and regulations.



165


TITLE: BBASIN BBOARD EEDUCATION CCOMMITTEE

SECTION/DEPT.: COMMUNICATIONS DEPARTMENT NUMBER: 170-7 PAGE: 1 of 2APPROVED BY: C.A. "NEIL" COMBEE, CHAIR EFFECTIVE DATE: 4/28/2009 SUPERSEDES: 7/26/2005


The purpose of this policy is to set forth the purpose, activities and membership guidelines of the Basin Board Education Committee.

1.

PurposeThe purpose of the Basin Board Education Committee is to be a conduit of effective communication and education between the District and the Basin Boards relative to education efforts implemented by the Basin Boards.

The Basin Board Education Committee communicates with the Governing Board through the Governing Board’s Outreach and Planning Committee and has direct communication with the Communications Director and other District staff.

There are four Substantive audiences on which to focus education efforts:

Governing and Basin Board members to facilitate the understanding, approval and advancement of education objectives.

2. The general public, which includes citizens, visitors, residents, homeowners.

3. Targeted audiences, which include business, agriculture and industry representatives; builders and developers; community leaders; decision-makers and others who affect the use and management of water resources.

4. Elected officials when appropriate and as designated by and in conjunction with the Communications Director who will coordinate efforts with the Community and Legislative Affairs Director.

5. Students and teachers in grades kindergarten through 12 in public, private, home school and non-formal education settings.

Specific Committee tasks include:

� Assist with (through direct input), support and identify education opportunities to the aforementioned audiences within the District’s water management plan and strategic direction, understanding that the Committee is one of many sources of such input.

� Represent the member’s respective Basin in the review of that Basin’s Community Education Grants.

� Assist the Communications Department in the development of an education strategy and in planning and implementing education initiatives for the District.

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TITLE: BBASIN BBOARD EEDUCATION CCOMMITTEE

SECTION/DEPT.: COMMUNICATIONS DEPARTMENT NUMBER: 170-7 PAGE: 2 of 2APPROVED BY: C.A. "NEIL" COMBEE, CHAIR EFFECTIVE DATE: 4/28/2009 SUPERSEDES: 7/26/2005

� Be the conduit of information and communication (including training as necessary) between the Committee and each member’s respective Basin Board, informing all parties of the Basin education initiatives.

� Provide education/communication and leadership to the general public through strategic public speaking opportunities where appropriate, maintaining the District’s water management communications goals and policies.

� Proactively encourage new education programs for all audiences and recommend such efforts to District staff and all Boards for information and joint implementation as required. Review education efforts for alignment aligned with the District’s strategic plans and initiatives.

MembershipMembership shall consist of one representative from each of the eight funding Basin Boardsand a Governing Board member. Each year when Basin elections occur, each Basin Board will select a primary and alternate representative for the Committee. Every year, when Governing Board elections occur, the Governing Board Chair will select a Governing Board member for the committee.

Terms of MembershipTerms of membership for Basin Board members shall be at the discretion of the Basin Board Chair Ex Officio. Term of membership for the Governing Board representative shall be at the discretion of the Governing Board Chair. Continuity of membership of the committee is encouraged.

Officers and DutiesThe Governing Board representative will act as Chair of the Committee. The Chair will serve as liaison between the Committee and the Governing Board and will direct staff on development of the Committee meeting agendas. Each year the committee will elect a Vice Chair who will serve for a one-year term. The Vice Chair can serve consecutive terms. The Vice Chair shall serve as Chair in the Chair’s absence.

MeetingsMeetings of the Committee will be held at the call of the Chair, with input from Committee members and as recommended by staff. Meetings will be held three times per year, unless otherwise warranted. Notice of Committee meetings will be handled in accordance with District policies and procedures. Meetings shall be conducted in accordance with Robert’s “Rules of Order” as described in Robert’s “Rules of Order Newly Revised,” originally written by General Henry M. Robert (1876), unless specified otherwise by law or this policy. Committee members are subject to the Government-in-the-Sunshine Law and all other applicable laws and regulations.



167


TITLE: BBASIN BBOARD LLAND RRESOURCES CCOMMITTEE

SECTION/DEPT.: LAND RESOURCES DEPARTMENT NUMBER: 170-8 PAGE: 1 of 2APPROVED BY: C.A. "NEIL" COMBEE, CHAIR EFFECTIVE DATE: 4/28/2009 SUPERSEDES: 1/25/2005

STATEMENT OF POLICY:The purpose of this policy is to set forth the purpose, responsibilities and membership of the Basin Board Land Resources Committee.

PurposeThe purpose of the Basin Board Land Resources Committee is to guide, aid and assist DistrictLand Resources staff with Land Resources initiatives, including acquisition, management and the establishment of land use parameters consistent with statutory directives and established water management goals and policies. Committee members serve as conduits of effective communication between the District and the Basin Boards for the promulgation of education initiatives aimed at specific groups and the general public, regarding the aforementioned and their relationship to the District's Florida Forever Work Plan

1. The general public and interested parties to enhance awareness of water management goals and objectives and policies regarding land acquisition, management and public use;

land acquisition and management programs.

The Basin Board Land Resources Committee will communicate with the Governing Board through the Resource Management and Development Committee and will have direct access to the Land Resources Director and other appropriate District staff.

The Committee's education initiatives will be primarily directed toward the following three groups:

2. Elected officials and business leaders when appropriate and suggested by the Land Resources Director; and

3. Governing and Basin Board members to facilitate the understanding, approval and advancement of land resource objectives.

Specific Committee responsibilities include:

� Gaining an understanding of land acquisition, management and public use statutory directives.

� Reviewing and providing comments on the annual revisions to the Florida Forever Work Plan. Such comments may include new land acquisition project nominations, local government coordination suggestions and identification of regional and local partnership opportunities.

� Providing input on land acquisition, management and public use policies, procedures and guidelines.

� Providing review and comment, consistent with statutory directives and District policies, on resource management issues brought before the Committee. These issues may include but are not limited to research and innovative management techniques and strategies.

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TITLE: BBASIN BBOARD LLAND RRESOURCES CCOMMITTEE

SECTION/DEPT.: LAND RESOURCES DEPARTMENT NUMBER: 170-8 PAGE: 2 of 2APPROVED BY: C.A. "NEIL" COMBEE, CHAIR EFFECTIVE DATE: 4/28/2009 SUPERSEDES: 1/25/2005

� Coordination with Communications and Community and Legislative Affairs staff in the development and implementation of environmental education initiatives on District lands consistent with water management goals and District policies and procedures.

� Facilitation of the implementation of land acquisition, management and public use initiatives through direct contact with elected officials and community business leaders.

� Facilitation of District public outreach initiatives by providing community leadership and participating in public speaking engagements, where appropriate and in a manner consistent with District water management goals and communications policies.

� Support of and participation in new education programs on land acquisition, management and public use initiatives for all audiences.

MembershipMembership of the Committee will consist of one representative from each of the eight Basin Boards and a Governing Board member the Chair of the Governing Board's Resource Management and Development Committee. Annually, each Basin Board will select a primary and alternate representative to serve on the Committee. Terms of MembershipTerms of membership for Basin Board members will be at the discretion of the Basin Board Chair Ex Officio, but to optimize members' knowledge and increase Committee efficacy, memberships longer than one term are encouraged. Term of membership for the Governing Board representative will be at the discretion of the Governing Board Chair.

Officers and DutiesThe Governing Board representative will act as Chair of the Committee and will serve as liaison between the Committee and the Governing Board. He or she will direct staff on the development of each Committee meeting agenda. The Committee will elect a Vice Chair annually, to serve aone-year term. The Vice Chair may serve consecutive terms and will serve as Chair in the Chair’s absence.

MeetingsMeetings of the Committee will be scheduled by the Chair, with input from Committee members and as recommended by staff. Meetings will be held three times per year, unless otherwise warranted. Meetings shall be conducted in accordance with Robert’s “Rules of Order” asdescribed in Robert’s “Rules of Order Newly Revised,” originally written by General Henry M. Robert (1876), unless specified otherwise by law or this policy. Committee members are subject to the Government-in-the-Sunshine Law and all other applicable laws and regulations.



169


TITLE: Well Drilling Advisory CommitteeSECTION/DEPT: Well Construction Section,

Brooksville Regulation Department NUMBER: 225-017 PAGE: 1 OF 2



This policy establishes the Well Drilling Advisory Committee (WDAC) to the Southwest Florida Water Management District, and sets forth the purpose, activities and membership guidelines of the WDAC.




PurposeThe purpose of the WDAC is to provide professional and technical input into District programs and activities including regulatory programs, rule revisions, water quality activities, research and other water resource management projects that relate to the well construction industry. The WDAC will consider matters relating to the statutory duties and responsibilities of the District. WDAC members serve as liaisons with the District, maintaining communication with members of their industry and conveying input from their industry to the WDAC. In addition, the WDAC acts as an education extension of the District by helping to disseminate information and by advising and assisting the District in education programs and projects. A function of the WDAC will be to provide two-way communication between the District and the well construction industry.

Membership will be representative of the well construction industry and consist of seven water well contractors holding valid Florida licenses. One of the seven members will be chosen by the Florida Ground Water Association to represent it on the WDAC. The District's Executive Director or his designee will select the other six members. Members of the WDAC shall be designated

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TITLE: Well Drilling Advisory CommitteeSECTION/DEPT: Well Construction Section,

Brooksville Regulation Department NUMBER: 225-017 PAGE: 2 OF 2


as authorized travelers of the District and their ordinary travel and per diem expenses will be paid from available District funds.

Terms of MembershipA term of membership on the WDAC shall be four years. Members may serve multiple terms.WDAC members who miss three consecutive meetings without prior notice to and approval by the WDAC chair, will be deemed to have resigned from the WDAC and a new member will be chosen to take his or her place.

Officers and DutiesThe WDAC will elect a chair and vice-chair to each serve for a two-year term. An officer may be elected to the same position for two consecutive terms. An officer may be elected to serve additional terms in a position after the lapse of two years following the conclusion of the second consecutive term. Election shall be by simple majority vote of the WDAC members. At least 50% of the members must be in attendance for the election of officers.

The chair will be responsible for assisting the District staff in establishing meeting agendas and soliciting input from WDAC members, chairing WDAC meetings, establishing subcommittees as may be appropriate, and representing the WDAC when necessary. The vice-chair shall serve as chair in the chair’s absence.

MeetingsMeetings of the WDAC will be held quarterly. Special meetings may be authorized by the Executive Director or his designee to facilitate the timely consideration of items, or upon the request of the chair. Topics for discussion at WDAC meetings will focus on regulatory issues and changes and areas of interest to the Governing Board. Other topics may be proposed by the WDAC for placement on the agenda for discussion; however, requests of staff requiring more than routine support will be subject to approval by the Executive Director. Notices of WDAC meetings will be mailed in advance of the meetings by the District to members and interested persons. District staff will record the WDAC meetings and abbreviated meeting summaries will be provided to the WDAC members. Meetings shall be conducted in accordance with Robert’s “Rules of Order” as described in Robert’s “Rules of Order Newly Revised,” originally written by General Henry M. Robert (1876), unless specified otherwise by law or this policy. The WDAC is subject to the Florida Government-in-the-Sunshine Law, Section 286.011, Florida Statutes, and all meetings will be conducted in accordance therewith.



171

Item 31


General Counsel’s Report

Consent Order – ERP No. 44025018.000 - Rocky Creek Retirement Properties, Inc.(Rocky Creek - New Assisted Living Facility) – Hillsborough County

On August 5, 2004, the District issued Environmental Resource Permit No. 44025018.000 (Permit) to Rocky Creek Retirement Properties, Inc. (Permittee). The Permit authorized construction of a surface water management system to serve a commercial project known as the Rocky Creek – New Assisted Living Facility (Project) located on approximately 1.98 acres of land in Hillsborough County. The Permittee permanently impacted a surface water channel on the property. As a result, the Permit required the Permittee to mitigate for the surface water impacts by creating an herbaceous wetland in Mitigation Area M-1.

On July 31, 2006, a Statement of Completion and as-built construction drawings were submitted for the Project. On August 29, 2006, District staff conducted an inspection of the Project. The inspection revealed that the Permittee had not created an herbaceous wetland in Mitigation Area M-1 as required by the Permit for mitigation of permanent impacts to a surface water channel. In addition, as-built notations for the total control structure found on Sheet C-4 of the permitted plans were missing. By letters dated September 1, 2006, November 14, 2006, and May 4, 2007, District staff advised the Permittee of the need to correct the as-built deviations.

On January 8, 2008, the District issued a Notice of Violation to Permittee concerning its failure to construct the Project in accordance with the permitted plans and specifications. The Permittee did not respond to the Notice of Violation.

On September 22, 2008, the District issued a proposed Consent Order to Permittee for the failure to correct the as-built deviations detailed above. The proposed Consent Order assessed $7,700 in penalties and costs as follows:

• $4,000 – for moderate construction deviation within the penalty matrix range of $2,500 -$7,499 for the failure to create the herbaceous wetland that was required as mitigation for the permanent impacts to the surface water channel on the property; and,

• $1,000 - for minor construction deviation within the penalty matrix range of $250 - $2,499 for the failure to provide as-built notations for the total control structure; and,

• $2,700 – the standard District enforcement costs for as-built deviations.

The proposed Consent Order also required Permittee to correct all of the as-built deviations and submit a Statement of Completion, revised as-built construction drawings demonstrating that the Project has been constructed in accordance with the permitted plans and specifications, and a Wetland Mitigation Completion Report. The Permittee’s engineer submitted a written response to the District’s proposed Consent Order on behalf of the Permittee on October 22, 2008, requesting the fine be waived contingent on the satisfactory completion of the work. District staff responded on October 29, 2008, and informed the Permittee that the request to waive the penalties and costs is not acceptable to the District as this Permit has been out of compliance for an extended period of time. On March 23, 2009, the District received a signed Consent Order and full payment of the penalties and costs.


Approve the proposed Consent Order and authorize the initiation of litigation against Rocky Creek Retirement Properties, Inc. to obtain compliance with the Consent Order.

Presenter: Adrienne E. Vining, Staff Attorney

172

Item 32



Consent Order – WUP No. 20005814.002 - I-4 Land Holding Limited Company –Hillsborough County

On August 18, 1994, the District issued Water Use Permit No. 20005814.002 (Permit) authorizing water withdrawals of 156,000 gallons per day (gpd) on an annual average basis and 697,000 gpd on a peak monthly basis for agricultural use on property located near Lake Thonotosassa in Hillsborough County. The property is located within the Northern Tampa Bay Water Use Caution Area. On May 30, 2007, the Permit was transferred to I-4 Land Holding Limited Company (Permittee).

On July 14, 2008, District staff issued Permittee a Notice of Non-Compliance advising that the annual average quantity withdrawn for the 12-month period ending May 30, 2008, was 177,822gpd, approximately 9.5% in excess of the permitted quantity.

After the issuance of the Notice of Non-Compliance through January 2009, the withdrawals by the Permittee continued to exceed the permitted quantity by an average of 234,121 gpd, which is 50% more than the Permittee was authorized to withdraw. Accordingly, in an attempt to resolve this matter, on February 13, 2009, the District issued a proposed Consent Order to Permittee calling for the payment of $4,984.50 in penalties and costs, which includes the following:

• $4,484.50 for the overpumpage of permitted quantities pursuant to the overpumpage formula; and,

• $500.00 in District enforcement costs.

The Permittee’s attorney responded to the proposed Consent Order on February 24, 2009, byrequesting a $2,000 reduction in the penalty for good faith efforts to comply. District staff responded on March 13, 2009, to Permittee’s counsel and indicated that the reduction in the penalty is not acceptable to the District because, even though the Permittee did reduce its withdrawals, it is still not in compliance with its Permit. A signed Consent Order was received from the Permittee on March 20, 2009.


Approve the proposed Consent Order and authorize the initiation of litigation against I-4 Land Holding Limited Company to obtain compliance with the Consent Order.


173

Item ��



Consent Order – Surface Water Activity – Safari Wild, LLC – Polk County

On May 12, 2008, District staff received information concerning possible unauthorized construction activities occurring on Property owned by Safari Wild, LLC (Owner) in Polk County (the Property). On June 17, 2008, District staff conducted a site visit and found that a number of buildings, a parking area, extensive fencing and several animal enclosures had been constructed on the Property resulting in the grading or excavating of 3.4 acres, the filling of approximately 1.83 acres, and the covering of approximately 1.22 acres with impervious material. No Environmental Resource Permit (ERP) had been issued to authorize these activities. On October 29, 2008 staff issued a Notice of Unauthorized Construction to Owners.

On December 3, 2008, a Notice of Violation and proposed consent order were issued. The consent order required that an ERP be obtained and assessed penalties and costs totaling $46,036 as follows:

• $5,000 – for water quality degradation within the penalty matrix range of $2500- $10,000 for such violations;

• $2,499 – for potential water quantity degradation within the penalty matrix range of $250 -$2,499 for such violations;

• $6,800 – for grading or excavating 3.4 acres assessed at $2,000 per acre;• $9,150 – for covering 1.83 acres with fill material assessed at $5,000 per acre,• $9,150 – for covering 13.5 acres with impervious material assessed at $7,500 per acre;• $2,000 – for replacing four pair of culverts with missized pipes, within the penalty matrix range

of $250-2,499 for such violations;• $8,807 – increase in penalties, representing a 25% increase for willfulness of violation based

upon continuing construction activities after District staff had met with Owner’s representatives onsite; and

• $2,000 – the standard cost assessment for unauthorized construction.

Upon receipt of the Notice of Violation and proposed consent order, representatives of the Owner contacted the District and claimed that the activities in question should be considered exempt from District permitting requirements pursuant to the statutory agricultural exemption provided in Section 373.406(2), Florida Statutes. Therefore, consistent with the District’s Memorandum of Understanding with the Florida Department of Agriculture and Consumer Services (FDACS), the matter was referred to FDACS on December 31, 2008 for a non-binding advisory opinion as to whether the activities met the statutory agricultural exemption from ERP requirements. On February 20, 2009, FDACS issued its advisory opinion which concluded that the Owner is engaged in agriculture on 254 acres of the Property, while Owner is engaged in non-agricultural uses on the remaining 5 acres. Of the impacts to the remaining 5 acres, two of the buildings, a horse stable and a hay barn, were consistent with the practice of agriculture occurring on the other 254 acres. The remaining impacts to the 5 acres were not exempt from the requirement to obtain an ERP from the District. In addition, .12 acre of the 254 acre agricultural area was covered with fill material in a manner inconsistent with the occupation of agriculture.

174

Item ��In additional discussions with Owner’s representatives, it was determined that only one pair of culverts out of the four pair of culverts that were replaced, may have been replaced with missized pipes. The other three pairs were likely replaced with like-sized pipes, which would be considered ordinary maintenance and would not require an ERP. Also, District staff and Owner’s representatives voiced confusion regarding conversations which occurred during the June 17, 2008 site visit. While additional impacts occurred after District staff initially visited the site, no further construction occurred after Owner was sent a written notice of unauthorized construction from the District.

Based on the opinion from FDACS, a revised proposed consent order was issued to Owner which required that an ERP be obtained and assessed penalties and costs totaling $8,863.00 as follows:

• $250 – for potential water quality degradation within the penalty matrix range of $250- $2,499 for such violations;

• $250 – for potential water quantity degradation within the penalty matrix range of $250 -$2,499 for such violations;

• $3,150 – for covering 0.63 acres with fill material assessed at $5,000 per acre,• $2,963 – for covering 0.40 acres with impervious material assessed at $7,500 per acre;• $250 – for replacing one pair of culverts with missized pipes, within the penalty matrix range of

$250-2,499 for such violations; and• $2,000 – the standard cost assessment for unauthorized construction.

Owner has indicated its willingness to resolve this matter as proposed. District staff anticipates receiving a signed Consent Order prior to the Governing Board meeting.


Approve the proposed Consent Order and authorize the initiation of litigation against Safari Wild, LLC, to obtain compliance with the Consent Order.

Presenter: Carrie N. Felice, Staff Attorney

175

Item 34



Final Order – SWFWMD vs. William Going, DOAH Case No. 08-5528 – Pinellas County

On June 4, 2007, District staff conducted a site inspection in response to a complaint and observed that sand point irrigation wells had been constructed at 5068 Kernwood Court, Palm Harbor, Pinellas County, by Mr. William Going, License No. 1564, without the required Well Construction Permit (WCP). On June 13, 2007, after discovery of the wells constructed at the Kernwood Court property, the District issued WCP No. 762252.06 for the construction of six irrigation wells at 5068 Kernwood Court to Mr. Going.

The District issued a Notice of Violation to Mr. Going on September 20, 2007, for the above-described violation. Mr. Going responded by telephone to the Notice of Violation on October 18, 2007, and acknowledged that he did not have a WCP prior to constructing the wells, but he stated that it was because of a computer glitch that occurred when he attempted to apply online for a WCP. A proposed Consent Order was issued on January 14, 2008, in an attempt to settle the matter. The Consent Order assessed penalties in accordance with the Water Well Contractor Disciplinary Guidelines and Procedures Manual, October 2002 and the Florida Unified Citations Dictionary for Water Well Construction, October 2002 as follows:

� $500 for the failure to obtain a WCP prior to commencing construction water wells; and,� Five (5) points against Mr. Going’s Water Well Contractor License.

Mr. Going refused to sign the proposed Consent Order. As a result, an Administrative Complaint and Order (ACO) was served on Mr. Going on August 27, 2008, to address the violation. On September 24, 2008, the District received a timely request for hearing from Mr. Going. The District referred the matter to the Division of Administrative Hearings to conduct all necessary formal proceedings on November 3, 2008. A formal administrative hearing was conducted by videoconference on February 6, 2009. The District timely filed its proposed recommended order on March 9, 2009. Mr. Going did not file a proposed recommended order.

On March 11, 2009, the Administrative Law Judge (ALJ) issued his Recommended Order, concluding that Mr. Going violated Section 373.313(1), Florida Statutes, and Rule 40D-3.014(1), Florida Administrative Code, by constructing the irrigation wells without first obtaining the required WCP. The ALJ also concluded that the District’s proposed disciplinary action is fair and reasonable under the circumstances. As a result, the ALJ recommends that the District issue a Final Order that imposes a penalty of $500 and 5 points against Mr. Going’s Water Well Contractor License.

No exceptions to the ALJ’s Recommended Order have been filed and the time for filing such exceptions has passed.

Pursuant to Section 120.57(1)(l), Florida Statutes, an agency may adopt an ALJ’s Recommended Order as the final order of the agency. This section also provides that an agency may not reject or modify findings of fact in a Recommended Order unless “the agency first determines from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law.” If the Governing Board decides to reject a finding of fact in the Recommended Order, it will have to do

176

Item 34so based upon a review of the transcript of the administrative hearing and the exhibits admitted into evidence at the hearing. Accordingly, the transcript of the administrative hearing and the exhibits admitted into evidence are available to the Governing Board for its review.

Section 120.57(1)(l), Florida Statutes, also provides that an agency may reject or modify conclusions of law over which it has substantive jurisdiction only if the agency states “with particularity its reasons for rejecting or modifying such conclusion of law” and “makes a finding that its substituted conclusion of law is as or more reasonable than that which was rejected or modified.” The statute also provides that “[R]ejection or modification of conclusions of law may not form the basis for rejection or modification of findings of fact.”


Approve the proposed Final Order that adopts the Recommended Order entered by the Administrative Law Judge imposing a penalty of $500 and 5 points against Mr. Going’s Water Well Contractor License.


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Item 35


Executive Director’s Report

Amend June 24, 2008 Governing Board Meeting

During the June 24, 2008 Governing Board meeting, the Board approved Consent Agenda Item 32.c., Facilitating Agricultural Resource Management Systems (FARMS) – Island Grove Agricultural Products, Farm 6 – DeSoto County.

The minutes reflected a duplicate recommendation (same as Item 32.d.). The exhibit shows pagefour of the minutes with the correct recommendation.


Approve amending the minutes as presented.


190

Minutes of the Meeting June 24, 2008 SWFWMD Governing Board Page 4 of 17

from fund 020 H017 Peace River Basin Board FARMS funds, $71,250 from fund 010 H017 Governing Board FARMS funds, and $142,500 from the 2008 State Appropriations allocated to fund 010 H017 FARMS funds, to H556 Island Grove Agricultural Products Farm #6 FARMS project fund; and (3) authorize the Executive Director to execute the agreement.

b. Orange-Co LP – DeSoto County Staff recommended to (1) approve the Orange-Co, LP project for a not-to-exceed

project reimbursement of $131,250 with $32,813 provided by the Peace River Basin, $32,813 provided by the Governing Board, and $65,625 provided from State Appropriations; (2) authorize the transfer of $32,813 from fund 020 H017 Peace River Basin Board FARMS funds, $32,813 from fund 010 H017 Governing Board FARMS funds, $9,888 from the 2007 State Appropriations allocated to fund 020 H017 FARMS funds, and $55,737 from the 2008 State Appropriations allocated to fund 010 H017 FARMS funds, to H555 Orange-Co, LP project fund; and (3) authorize the Executive Director to execute the agreement.

c. Island Grove Agricultural Products, Farm 6 – DeSoto County Staff recommended to (1) approve the Landscaping, Sod, and Irrigation, Inc. FARMS

Project for a not–to-exceed project reimbursement of $127,500, with $31,875 provided by the Peace River Basin Board, $31,875 provided by the Governing Board, and $63,750 provided from State Appropriations; (2) authorize the transfer of $31,875 fromfund 020 H017 Peace River Basin Board FARMS funds, $31,875 from fund 010 H017 Governing Board FARMS funds, and $63,750 from the 2008 State Appropriations allocated to fund 010 H017 FARMS funds, to H557 Landscaping, Sod, and Irrigation, Inc. FARMS project fund; and (3) authorize the Executive Director to execute the agreement.Staff recommended to (1) approve the Island Grove Agricultural Products Farm 6 FARMS Project for a not-to-exceed project reimbursement of $285,000, with $71,250 provided by the Peace River Basin Board, $71,250 provided by the Governing Board, and $142,500 provided from State Appropriations; (2) authorize the transfer of $71,250from fund 020 H017 Peace River Basin Board FARMS funds, $71,250 from fund 010 H017 Governing Board FARMS funds, and $142,500 from the 2008 State Appropriations allocated to fund 010 H017 FARMS funds, to H556 Island Grove Agricultural Products Farm 6 FARMS project fund; and (3) authorize the Executive Director to execute the agreement.

d. Landscaping, Sod, and Irrigation, Inc. – DeSoto County Staff recommended to (1) approve the Landscaping, Sod, and Irrigation, Inc. FARMS

Project for a not-to-exceed project reimbursement of $127,500, with $31,875 provided by the Peace River Basin Board, $31,875 provided by the Governing Board, and $63,750 provided from State Appropriations; (2) authorize the transfer of $31,875 from fund 020 H017 Peace River Basin Board FARMS funds, $31,875 from fund 010 H017 Governing Board FARMS funds, and $63,750 from the 2008 State Appropriations allocated to fund 010 H017 FARMS funds, to H557 Landscaping, Sod, and Irrigation, Inc. FARMS project fund; and (3) authorize the Executive Director to execute the agreement.

e. WFA Land Company, Inc. – Manatee CountyStaff recommended to (1) approve the WFA Land Company, Inc. project for a not-to-exceed project reimbursement of $135,000 with $33,750 provided by the Manasota Basin Board, $33,750 provided by the Governing Board, and $67,500 provided from 2005 State Appropriations; (2) authorize the transfer of $33,750 from fund 010 H017 Governing Board FARMS funds, $33,750 from fund 021 H017 Manasota Basin Board FARMS funds, $67,500 from the 2005 State Appropriations allocated to fund 021 H017 Manasota Basin Board FARMS funds, to H558 WFA Land Company, Inc. project fund; and (3) authorize the Executive Director to execute the agreement.

191

Item 36


Executive Director’s Report

Approve March 31, 2009 Governing Board Meeting

Staff Recommendation: See Exhibit (to be provided)

Approve the minutes as presented.


192

C.R

egulationC

omm

ittee

Discussion Items

Submit & File Reports

Routine Reports

Item 38

Regulation CommitteeApril 28, 2009

Discussion Item

Hydrologic Conditions Status Report

This routine report provides information on the general state of the District's hydrologic conditions, by comparing rainfall, surface water, and groundwater levels for the current month to comparable data from the historical record. The data shown are typically considered final, fully verified monthly values, but occasionally, due to timing of publication, some data are identified as "provisional," meaning that the values shown are best estimates based on incomplete data. The information presented below is a summary of data presented in much greater detail in the Hydrologic Conditions Report published the week before the Governing Board meeting, which also includes an updated provisional summary of hydrologic conditions as of the date of publication. It is available at http://www.swfwmd.state.fl.us/waterres/hydro/hydro.htm.

RainfallRainfall totals for March were below-normal in all three regions of the District. The normal range is defined as rainfall totals that fall on or between the 25th to 75th percentiles derived from the historical data for each month• The northern region received an average of 1.24 inches of rainfall, equivalent to the

15th percentile.• The central region received 0.93 inch of rainfall, equivalent to the 11th percentile.• The southern region recorded an average of 1.08 inches of rain, equivalent to the

20th percentile.• District-wide, average rainfall was 1.07 inches, equivalent to the 10th percentile.

StreamflowStreamflow data for the month indicate flow decreased in all three regions of the District,compared to the previous month. Streamflow was below-normal in all regions of the District,based on regional index rivers. Normal streamflow is defined as falling between the 25th and 75th

percentiles. • The average streamflow in the Withlacoochee River near Holder in the northern region was in

the 5th percentile. • The average streamflow measured in the Hillsborough River near Zephyrhills in the central

region was in the 1st percentile.• The average streamflow measured in the Peace River at Arcadia in the southern region was

in the 2nd percentile.

Groundwater LevelsMarch groundwater data indicate levels in the Floridan/Intermediate aquifer increased in the northern region of the District, while they decreased in the central and southern regions. Regional groundwater levels were below the normal range of historic values in all three regions of the District, compared to the previous month. Normal groundwater levels are defined as those falling between the 25th and 75th percentiles. • The average groundwater level in the northern counties was in the 16th percentile.• The average groundwater level in the central counties was in the 11th percentile.• The average groundwater level in the southern counties was in the 10th percentile.

Item 38Lake LevelsWater-level data indicates average lake levels decreased in all regions of the District in March,and all regions ended the month below the base of the annual normal range. Normal lake levels are generally considered to be levels that fall between the minimum low management level and the minimum flood level. • Average levels in the Northern region decreased 0.49 foot and were 5.51 feet below the base

of the annual normal range.• Average lake levels in the Tampa Bay region decreased 0.44 foot and were 2.41 feet below

the base of the annual normal range.• Average lake levels in the Polk Uplands region decreased 0.38 foot and were 2.29 feet below

the base of the annual normal range.• Average lake levels in the Lake Wales Ridge region decreased 0.40 foot and were 4.48 feet

below the base of the annual normal range.

Issues of SignificanceMarch was yet another very dry month throughout the District. The only rainfall received during the month was associated with the passage of cold fronts on March 2 and March 29-30. The current 12-month cumulative rainfall deficit is now about 11 inches, while the deficit for the 24-month and 36-month time-period is approximately 18 inches and 30 inches, respectively.

Streamflow on the District’s riverine systems remains at critically low levels, limiting their use as water supply sources, and regional groundwater and lake levels remain well below normal. The risk of wildfire throughout the District is high.

NOAA climate models and forecasts predict below-normal rainfall for the central and southern regions of the District from April through June 2009. The forecast for the northern region of the District for this period is inconclusive (i.e., equal chances for normal, above-normal or below-normal conditions). The US Drought Monitor classifies all areas of the District as experiencing moderate to severe drought conditions. Improvements to hydrologic conditions are not expected until the onset of the rainy season, sometime in June.

Updated weather forecasts will be available in mid-April. Staff will continue to closely monitor conditions in accordance with the District's updated Water Shortage Plan, including any necessary supplemental analysis of condition data.


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

Presenter: Granville Kinsman, Manager, Hydrologic Data Section

Item 39


Discussion Item

Regional Water Shortage Update

BackgroundThe District began experiencing a rainfall deficit in 2005. In response to drought-related impacts, the District first took regional action on January 9, 2007 by issuing Water Shortage Order No. SWF 07-02. This Order declared once-per-week lawn watering restrictions and other "Modified Phase II" (Severe Water Shortage) response measures for the District's entire sixteen county area. Based on hydrologic conditions and other pertinent considerations, the Governing Board has extended the terms of Water Shortage Order No. 07-02 on six occasions, most recently on February 24, 2009. The Order covers all water uses in nine counties as well as those water uses in the remaining seven counties that are not covered by a more stringent water shortage declaration.

In response to deteriorating conditions and how these conditions affected public supply availability, the District has taken more stringent actions in the greater Tampa Bay area. Emergency authorizations have been used to temporarily boost local supplies; for status information, please refer to the Routine Reports section of the Regulation Committee’s agenda. Additional demand management steps have also been taken. On October 28, 2008, the Governing Board issued Water Shortage Order No. SWF 08-044, declaring “Modified Phase III" (Extreme Water Shortage) measures for specific water uses in Hillsborough, Pasco and Pinellas counties. This Order has been twice modified, most recently on February 24, 2009, including a new requirement for restaurants to serve water only on request and supplemental requirements for Tampa Bay Water’s Member Governments to enhance the effectiveness of local conservation efforts. Further focusing on impacts to public supply, the Governing Board took additional action on March 31, 2009, issuing Water Shortage Order No. SWF 09-012. This additional order declared “Modified Phase IV” (Critical Water Shortage) measures for customers of the affected potable water utilities, not people using irrigation wells and other less impacted water sources. These measures include reduced lawn and landscape watering hours as well as targeted bans on fountains, car washing and pressure washing.

The four counties served by the Peace River/Manasota Regional Water Supply Authority have also experienced deteriorating conditions affecting public supply availability. Emergency authorizations have been used to temporarily boost local supplies; for status information, please refer to the Routine Reports section of the Regulation Committee’s agenda. Additional demand management is also in effect. Specifically, in response to a request from the Authority, the Governing Board issued Water Shortage Order No. SWF 09-009 on February 24, 2009. This Order declared “Modified Phase III” response measures for specific water uses in Charlotte, DeSoto, Manatee and Sarasota counties, similar to those previously declared and modified in the greater Tampa Bay area. Status information regarding implementation of these measures will be provided to the Governing Board in May.

All active non-emergency water shortage orders currently expire on June 30, 2009.

Staff continues to coordinate with Tampa Bay Water, the Peace River/Manasota Regional Water Supply Authority and local water utilities affected by the water shortage orders. Coordination efforts include analyzing system status reports and interacting with the water utilities through e-mail, personal contact and discussions at such forums as special meetings

Item 39with utility directors regarding practical implementation details. Staff is now summarizing local implementation activities and individual municipalities water use every two weeks. Additionally, the Peace River/Manasota Regional Water Supply Authority held a Conservation Summit on April 3, emphasizing long-term and immediate conservation measures. Tampa Bay Water has scheduled a Drought Summit for May 5. The District's Executive Director has presented to the Commissions and Councils of Tampa Bay Water's six member governments this past month to stress the importance of conservation efforts, especially consideration of emergency water shortage surcharges. Staff continues to measure the reduction in water use associated with Phase IV restrictions and will present findings at the April Governing Board meeting. Representatives of Tampa Bay Water and its six member governments have been asked to attend to aid in responding to Board questions. This includes a presentation by the City of New Port Richey, which was scheduled to present at the March Board meeting but was unable to attend.


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

Presenter: Richard S. Owen, AICP, Deputy Executive Director, Resource RegulationGeorge Applegate, Public Works Director, City of New Port Richey

Item 40


Discussion Item

Modification of Water Shortage Order No. SWF 07-02 and Approve Revised Interagency Agreement with St. Johns River Water Management District Regarding Year-Round Water Conservation Measures and Water Shortage Orders in Marion County

Water management district boundaries are based on river basins and other hydrologic features, not political boundaries. Unincorporated Marion County and the City of Ocala are both located partially in the District and partially in the St. Johns River Water Management District (St. Johns), with the boundary between the two agencies being generally contiguous with the route of Interstate 75. Florida Statutes allow water management districts to enter into an interagency agreement to designate one of the districts as the district to have regulatory responsibilities within the entire area of a local government that is divided by two or more districts.

This District and St. Johns already have an Interagency Agreement that provides a consistent lawn and landscape irrigation schedule for unincorporated Marion County; however, the original Agreement is currently scheduled to expire this month. The Agreement, as originally written, has allowed all of unincorporated Marion County to follow the previous version of year-round water conservation measures adopted by St. Johns and also required the same area to follow any Water Shortage Order declared by this District.

Both agencies recently received a request from Marion County to change the terms of the Agreement. The requested changes would require all of unincorporated Marion County to follow the recently updated version of year-round water conservation measures adopted by St. Johns and also any future water shortage orders declared by St. Johns, instead of declarations by this District. The City of Ocala has expressed an interest in becoming a party to the Agreement, with the same proposed terms.

Staff concurs with the requested changes, including the addition of the City of Ocala. The updated year-round water conservation measures only allow once-per-week irrigation in the winter months, which would be more restrictive than this District’s year-round measures and would also be appropriate for normal climate conditions in the County and the City. Following any future St. Johns water shortage declarations would also be appropriate, since most public supply water use is in the eastern (St. Johns) parts of both the County and the City. In addition, most County and City residents rely on news media outlets based in St. Johns, so they are exposed to St. Johns water conservation messaging and are not routinely exposed to this District's messaging.

To effectuate the requested changes, two actions are necessary. First, the two agencies have developed a revised Interagency Agreement regarding lawn and landscape irrigation schedules in Marion County and the City of Ocala (see Exhibit). Second, as of April 8, staff is developing the Seventh Modification to Water Shortage Order No. SWF 07-02 to remove unincorporated Marion County and the western portion of the City of Ocala from this District’s current water shortage declaration. This Order will be finalized and presented for the Governing Board’s consideration.

Item 40Staff Recommendation: See Exhibit

(1) Approve the Revised Interagency Agreement with SJRWMD regarding Year-Round Water Conservation Measures and Water Shortage Orders in unincorporated Marion County and the City of Ocala; and

(2) Approve the Seventh Modification to Water Shortage Order No. SWF 07-02, as presented at the Governing Board meeting.

Presenter: Richard S. Owen, AICP, Deputy Executive Director, Resource Regulation

INTERAGENCY AGREEMENT BETWEEN THEST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND

THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTREGARDING LANDSCAPE IRRIGATION AND WATER SHORTAGES WITHIN THE CITY OF OCALA AND THE UNINCORPORATED AREAS OF MARION COUNTY,

FLORIDA

Page 1 of 6

THIS INTERAGENCY AGREEMENT is made as of _________, 2009, and entered into by and between the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (“SJRWMD”) and the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (“SWFWMD”), (collectively “Districts”) with the concurrence of the CITY OF OCALA (“City”) and the BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA (“County”).

WITNESSETH:

WHEREAS, the City of Ocala and Marion County are located within the jurisdictional boundaries of both Districts; and

WHEREAS, on February 18, 2008, the Districts, with the concurrence of Marion County, entered into a short-term (one year) Interagency Agreement (“Agreement”) for the unincorporated areas of the County, regarding division of the Districts’ regulatory authority overwater conservation, water shortages and water shortage emergencies; and

WHEREAS, the Districts renewed and extended the Agreement for two months so that the Districts could have additional time to determine the terms of a new agreement; and

WHEREAS, the Districts now desire to enter into a new Interagency Agreement regarding the issue of regulatory authority within the City and the unincorporated areas of the County for small landscape irrigation water uses, water shortages and water shortage emergencies; and

WHEREAS, the City has informed the Districts of its desire to adopt and enforce a uniform citywide landscape irrigation ordinance and to enforce water shortages orders and water shortage emergency orders on a citywide basis; and WHEREAS, pursuant to subsection 373.046(6), F.S., when a geographic area of a local government crosses water management district boundaries, the affected districts may designate, by interagency agreement, a single affected district to implement in that area under the rules of the designated district, all or part of the applicable regulatory responsibilities.

NOW, THEREFORE, SJRWMD and SWFWMD, under the authority of subsection 373.046(6), F.S., hereby agree as follows:

1. SJRWMD is designated as the agency with the authority to regulate under Part II, Chapter 373, F.S., those consumptive uses of water for landscape irrigation that do not meet or



FLORIDA

Page 2 of 6

exceed any permitting threshold in Rule 40C-2.041(1)(a)-(d), F.A.C. As such, the provisions ofSJRWMD’s landscape irrigation rule (Rule 40C-2.042(2)(a)-(c) and (8), F.A.C., shall be in full force and effect within all areas of the City and all unincorporated areas of the County.

2. SJRWMD is designated as the agency with the authority to declare water shortages and water shortage emergencies pursuant to sections 373.175 and 373.246, F.S., and Chapter 40C-21, F.A.C., within all areas of the City and all unincorporated areas of the County.

3. This Agreement shall commence upon execution by the Districts, with the concurrence of the City and the County, and shall continue in full force and effect unless otherwise amended in writing by the Districts. Either District may terminate this Agreement upon thirty (30) days prior written notice to the other District.

4. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

IN WITNESS WHEREOF, each party or its lawful representative has executed this Agreement on the day and year first above written.

[THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK]



FLORIDA

Page 3 of 6


Attest:________________________ By:__________________________________David L. MooreExecutive Director


Approved As to Form and Content_____________________________SWFWMD Attorney



FLORIDA

Page 4 of 6

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Attest: ________________________ By:__________________________________Kirby B. Green IIIExecutive Director




FLORIDA

Page 5 of 6

Attest: Concur:

By: _____________________________David R. Ellspermann Clerk of the Court

By:___________________________________James T. Payton, Jr.Chairman, Marion County BCCBCC Approved:___________

Approved as to Form and Legal Sufficiency:

By: _____________________________Thomas L. WrightMarion County Attorney




FLORIDA

Page 6 of 6

Concur:

By: ___________________________ City of Ocala


Item 41


Discussion Item

Approval of Initiation of Rulemaking to Amend Rules 40D-80.073, and 40D-2.801(2),F.A.C., and the Basis of Review for Water Use Permit Applications Sections 4.3.A and 7.3.8, to Implement the Second Phase of the Northern Tampa Bay Recovery Strategy

BackgroundRecognition of the adverse effects of excessive public supply wellfield pumpage on environmental features in the Northern Tampa Bay area in the mid-late 1990’s led to a determination that reduction in wellfield pumpage was necessary. This reduction was accomplished through a comprehensive and ground-breaking Recovery Strategy that includesmultiple elements, including the Partnership Agreement, the Consolidated Permit, and several rule amendments. This Strategy culminated in the reduction of pumpage by the wellfields from 158 MGD in 1998 to 90 MGD by 2009. Preliminary analysis in 1998 indicated that a reduction to 90 MGD would significantly reduce the environmental impacts of wellfield withdrawals, but that some impacts would remain. Therefore, it was anticipated that a second phase of Recovery would be undertaken to follow the initial efforts, all elements of the existing Recovery Strategy sunset on December 31, 2010.

The reduction in wellfield pumpage to 90 MGD has been accomplished through the development of alternative water supplies by Tampa Bay Water with the assistance of substantial District co-funding. As discussed at the January, 2009 District Governing Board -Tampa Bay Water Joint Workshop, significant environmental recovery resulted from the wellfield pumpage reductions. However, since the reduction of the wellfields to 90 MGD has only recently been accomplished there are insufficient data to evaluate the ultimate impact reduction at that level of pumpage, and to determine what additional measures will be needed to achieve the goals of full recovery and mitigation of adverse environmental impacts. It is planned that the second phase of recovery will encompass 10 years and will accomplish these goals.

Pertinent RulesRule provisions that implement or are affected by the Recovery Strategy and that will have to be amended include:

1. Rule 40D-80.073, Florida Administrative Code (F.A.C.), which sets forth the geographic area approach, and timeframe;

2. Basis of Review for Water Use Permitting section 7.3.8, which provides that issuance of the Consolidated Permit is governed by the permitting criteria in the Partnership Plan rather than the District’s standard environmental permitting criteria for wetlands, lakes, streams and springs in light of the acknowledged impacts to those features and the implementation of the Recovery Strategy;

3. Basis of Review for Water Use Permitting section 4.3.A that addresses Minimum Flows and Levels permitting criteria; and

4. Rule 40D-2.801(2), which establishes special requirements for permits within the Northern Tampa Bay area.

As described above, the first-phase Recovery Strategy elements sunset on December 31, 2010. Continuation of the Recovery Strategy rule mechanisms is necessary to allow further progress toward meeting Minimum Flows and Levels and compliance with the other environmental rule criteria.

Item 41

ProcessIf initiation of rulemaking is approved, staff will engage in rule development activities, including meetings with Tampa Bay Water, member governments, and public workshops. The current goal is for staff to bring proposed rule amendments to the Governing Board for consideration by December 2009.

Completing the rulemaking process within this timeframe will provide clarity and certainty to Tampa Bay Water as it applies to the renewal of the Consolidated Permit, which anticipated in early 2010.


Approve the initiation of rulemaking to amend Rules 40D-80.073, and 40D-2.801(2), F.A.C., and the Basis of Review for Water Use Permit Applications Sections 4.3.A and 7.3.8, to implement the second phase of the Northern Tampa Bay Recovery Strategy.

Presenters: Ken Weber, Water Use Program Director, Strategic Program OfficeKaren A. Lloyd, Assistant General Counsel, Office of General Counsel

SOUTHERN WATER USE CAUTION AREA

4/2/09April 2009

Governing Board

1,150

1,200

1,250

1,300

ay

FLORIDAN AQUIFERPERMITTED QUANTITIES

March 25, 2009

4/2/09April 2009

Governing Board

850

900

950

1,000

1,050

1,100

,

Mill

ion

Gal

lons

Per

Da

MONTH-YEAR

Annual Average Quantities

SOUTHERN WATER USE CAUTION AREA

4/2/09April 2009

Governing Board

105

115

Day

INTERMEDIATE AQUIFERPERMITTED QUANTITIES

March 25, 2009

4/2/09April 2009

Governing Board

75

85

95

Mill

ion

Gal

lons

Per

D

MONTH-YEAR

Annual Average Quantities

The SWUCA Recovery Strategy anticipates that up to an additional 35 MGD will be obtained from the surficial and intermediate aquifers.

Item 4


Routine Report

Water Production Supply Summary

The exhibit provides data available at time of printing; an updated report will be available at the Board meeting.

The Water Production Summary report is included as an exhibit to this item. This report shows production for major public supply permittees throughout the District, including Tampa Bay Water; the cities of Tampa, Plant City, Dunedin, Clearwater and Temple Terrace and Pasco County in the Tampa Bay area; the Peace River/Manasota Regional Water Supply Authority and its member governments; the cities of Sarasota, Punta Gorda, Bradenton, Venice and the Englewood Water District in the southern region of the District; Polk County and the cities of Lakeland, Winter Haven, Haines City, Sebring and Auburndale in the "Heartland" area of the District; and The Villages, Marion, Citrus and Hernando counties, and On Top of the World communities in the northern District area. Monthly pumpage data is presented from 2000 to present. The most recent information available is presented for each permittee.


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

Presenter: Richard S. Owen, Deputy Executive Director, Resource Regulation

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Item 44


Routine Report

Public Supply Benchmarks

The Board has expressed an interest in having comparative information available for public supply water use. This chart includes information relating to both potable and reclaimed water usage from county and regional perspectives. Utility, population, per capita use, and water rate information is contained on the left side of the table. Wastewater flow and reclaimed water information is presented on the right side, including the amount of ground water offset by the reclaimed water. Sources and notes are displayed below the chart. The table has been updated with 2007 information, and now includes a column indicating the water treatment cost region within which each utility is located.


This information is being provided for inclusion in the current Governing Board Packet.

Presenter: Paul O’Neil, P.E., Director, Strategic Program Office, Resource Regulation

8 Kgal 12 Kgal 16 Kgal mgd % mgd %

Charlotte 6 176,918 94 3 (High) $18.38 $33.90 $52.25 $103.28 9.33 6.81 73% 9 2.3 13 25% 1.74 76%Citrus 12 93,859 172 1 (Low) $9.68 $14.10 $19.91 $33.89 3.28 3.26 99% 10 0.03 1% 0.02 67%DeSoto 2 13,076 105 3 (High) $17.50 $20.40 $32.00 $55.20 1.39 0.62 45% 9 0.78 56% 0.48 62%Hardee 3 11,274 115 1 (Low) $8.85 $10.42 $16.64 $29.31 1.25 0.31 25% 9 0.94 75% 0.94 100%Hernando 3 153,572 160 1 (Low) $6.01 $10.25 $14.98 $26.06 4.87 2.61 54% 10 2.26 46% 1.91 85%Highlands 13 80,171 102 1 (Low) $8.98 $17.08 $25.68 $43.76 2.38 2.38 100% 10 0 0% 0 0%Hillsborough14 14 1,230,814 116 2 (Medium) $5.90 $13.54 $23.93 $50.57 99.06 77.33 78% 9 34.41 15 35% 25.29 73%Lake2 0 - - - - - - - 0.00 0.00 0% 10 0 0% 0 0%Levy 3 5,980 136 1 (Low) $12.03 $18.15 $31.73 $62.39 0.16 0.16 100% 10 0 0% 0 0%Manatee 4 384,848 105 2 (Medium) $7.67 $14.80 $23.23 $44.39 30.80 11.02 36% 9 19.78 64% 12.09 61%Marion 18 57,213 249 1 (Low) $9.31 $14.29 $19.84 $36.96 4.70 3.41 73% 10 1.30 28% 0.94 72%Pasco 23 402,781 113 2 (Medium) $6.32 $14.81 $24.55 $50.64 24.60 8.35 34% 10 16.30 66% 9.03 55%Pinellas 11 1,074,685 96 2 (Medium) $7.33 $19.50 $36.00 $74.93 98.45 43.44 44% 9 54.08 13 55% 29.20 54%Polk 38 560,924 130 1 (Low) $7.09 $11.62 $18.15 $37.36 30.24 16.60 55% 11 13.91 46% 12.38 89%Sarasota 7 412,289 82 3 (High) $13.78 $23.92 $35.98 $83.47 23.91 11.81 49% 9 12.33 52% 8.97 73%Sumter 8 75,204 190 1 (Low) $7.66 $11.79 $18.79 $31.92 5.61 -0.20 -4% 10,12 5.81 104% 4.25 73%Total 165 4,733,608 113 n/a $7.88 $16.52 $27.75 $57.53 340.03 187.91 55% 164.23 48% 107.24 65%

NTB Area3 45 2,403,732 107 2 (Medium) $6.53 $16.12 $28.86 $60.35 204.53 120.39 59% 95.94 47% 57.53 60%SWUCA - Coastal Area4 20 1,278,603 97 Varies $11.95 $22.32 $35.07 $71.08 81.62 38.37 47% 43.26 53% 28.79 67%SWUCA - Inland Area5 56 665,445 126 Varies $7.48 $12.32 $19.15 $38.17 35.26 19.91 56% 15.63 44% 13.80 88%Northern Area6 44 385,828 173 1 (Low) $7.50 $11.85 $17.53 $30.55 18.62 9.24 50% 9.40 50% 7.12 76%Total 165 4,733,608 113 n/a $7.88 $16.52 $27.75 $57.53 340.03 187.91 55% 164.23 48% 107.24 65%Water use data source: 2007 Estimated Water Use Report, Table A-1 (Unpublished Draft SWFWMD, August 2008)Reclaimed water data source: 2006 Reuse Inventory, SWFWMD Revision (SWFWMD, Jan 2008)1Gross Per Capita Use= [withdrawal + imports - exports - treatment loss] / total service area population, calculated for each county or planning area.2 There are no utilities in the portion of Lake County within the District. 3 Includes Pasco and Pinellas counties, and the portion of Hillsborough County not in the SWUCA.4 Includes the coastal area of the SWUCA captures all of Manatee, Sarasota, and Charlotte counties, and the portion of Hillsborough County in the SWUCA.5 Includes the inland area of SWUCA and captures all of DeSoto, Hardee, Highlands and Polk counties. 6 Includes the six northern counties within the District (north of, and not including, Pasco County). 7 Population-weighted average water bill for 8,000, 12,000 and 16,000 gallons per month (FY 2008).8 Treated wastewater available for use (i.e., reclaimed water).9 Recharge to the Floridan Aquifer from disposal of reclaimed water in rapid infiltration basins is low in the county.10 Recharge to the Floridan aquifer from disposal of reclaimed water is high in most of the county.11 Recharge to the Floridan aquifer from disposal of reclaimed water in rapid infiltration basins ranges from very low to very high in the county.

13 Includes reclaimed water stored for later use at Englewood Water District ASR, St. Petersburg ASR and Pinellas County North Reservoir.14 Broken down into NTB and SWUCA. The 1st number in the formula is the value for NTB and the 2nd is for SWUCA. 15 Portions (10+ MGD) of Tampa's reclaimed water flows to CF Industries are classified as both reuse and disposal due to closed loop system. August 2008

FixedCharge Part

of Water Bills

Ann. Avg. Reclaimed Water Utilized (MGD)

Avg. Offset from Reclaimed Water

Waste Water8

Disposed (AADF)

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WaterTreatment

Cost Region

12 Negative value for discharge reflects the use of reclaimed water from Marion and Lake County, outside of District boundaries, to serve the Villages in Sumter County, within District boundaries.

Potable and Reclaimed Water Benchmarks, 2007.

County or Region

Ann. Avg. Waste Water Flow (mgd)

Total Water Bills7Service Area Population(# persons)

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Item 46Regulation Committee April 28, 2009Routine Report

Resource Regulation Significant Initiatives ReportThis report provides information regarding significant activities within the Resource Regulation Division. Recent activity within each of the District's major permitting programs is provided, followed by information regarding other significant activities.

Monthly Resource Regulation Activity Environmental Resource Permits Issued – February 2009

Type of Permit Bartow Brooksville Sarasota Tampa TotalsGeneral Minor Systems 7 9 3 11 30Noticed Generals 6 5 6 9 26Generals 22 18 8 45 93Individuals 4 1 2 3 10Formal Wetland Determinations 5 1 2 1 9ERP Conceptuals 1 1 1 0 3ERP Site Condition 0 0 0 0 0Letter Modifications 5 3 4 22 34

Totals 50 38 26 91 205Environmental Resource Permits, Acres Permitted – February 2009

Type of Permit Bartow Brooksville Sarasota Tampa TotalsGeneral Minor Systems 15.49 14.48 4.00 13.51 47.48Noticed Generals 5.44 14.32 10.80 2.41 32.97Generals 757.75 473.33 86.78 370.07 1,687.93Individual 397.18 316.10 55.13 232.31 1,000.72Formal Wetland Determinations 232.82 7.83 510.00 .28 750.93ERP Conceptuals 133.09 41.18 295.07 0 469.34ERP Site Condition 0 0 0 0 0

Totals 1,541.77 867.24 961.78 618.58 3,989.37Water Use Permits Issued – February 2009

Type of Permit Bartow Brooksville Sarasota Tampa TotalsSmall Generals 18 3 3 4 28Generals 2 3 2 0 7Individuals 0 2 0 0 2Letter Modifications 1 2 0 0 3

Totals 21 10 5 4 40Well Construction Permits Issued – February 2009

Type of Permit Bartow Brooksville Sarasota Tampa TotalsWell Construction 151 141 39 199 530Compliance Activities – February 2009

Description Bartow Brooksville Sarasota Tampa TotalsComplaints Investigated 5 11 2 1 19ERP Const Inspections 222 99 230 342 893AsBuilts Processed 40 20 41 29 130Transfer to Operation 12 40 31 87 170Recertifications Recvd 71 51 81 215 418Well Const Inspections 40 33 7 70 150

Totals 390 254 392 744 1,780Agricultural Ground & Surface Water Mgt Project Designs (AGSWM) – Feb 2009Ordinary Farming 1Temporary Farming 0Permanent Farming 3

District Totals 4

Item 46

• Enhanced Conservation Rulemaking – On December 8, 2008, staff met with representatives of Tampa Bay Water's member governments to discuss the requirements for wholesale water use permits. The meeting was very productive and provided the opportunity for staff and TBW member government representatives to discuss, among other requirements, the type of permits required, permit duration, and reporting requirements for wholesale water use permittees. On Friday, February 20, 2009, a fifth public meeting was held at the Tampa Service Office. The purpose of the meeting was to review the updated draft rule that reflected public comments received through February 6, 2009, as well as to discuss the reclaimed water reporting requirements. General comments about the updated draft rule and staff's efforts to incorporate prior public comments were received. In addition, specific comments regarding water loss definition, common area irrigation requirements for residential developers, educational requirement under the customer billing and meter criteria, golf course conservation requirements and reclaimed water reporting were discussed. Anthony Andrade (Resource Projects Department) addressed the reclaimed water reporting requirements and the proposed rule language that ensures consistent reporting to the Florida Department of Environmental Protection and the District. No additional public meeting is scheduled at this time. Staff requested additional comments be sent to the District via e-mail. In the meantime, staff is working to complete the Statement of Estimated Regulatory Costs (SERC) for the Enhanced Conservation Rule, and anticipates the SERC should be completed with sufficient time to allow the final rule to be presented to the Governing Board at its May 2009 meeting. New activities since last meeting: Received written comments on the draft rule from the City of Tampa. Staff has reviewed the comments and intends to incorporate applicable comments and recommendations in the next updated draft rule. In addition, on March 26, 2009, staff met with representatives of the City of St. Petersburg to review the draft rule and address comments regarding specific rule language and intent.

• North Central Florida Coordination Area – Staff of the Regulation, Resource Projects, and Planning departments have been coordinating with the St. John’s District on water supply planning issues in the northern region where district boundaries coincide, namely including Sumter, Lake and Marion counties. This region has experienced significant growth within the past decade and has limited water sources other than groundwater. The staffs have been coordinating technical and planning efforts with the goals of mutual understanding of the water resources and demands of the area so that consistent results are achieved on both sides of our shared boundary. New activities since last meeting: Staffs met via net-meeting on April 1 to discuss outstanding items for increased coordination. It was determined that, although our approaches have greater commonality than distinctions, there are areas requiring focused attention. These areas include the contributing areas for withdrawal impacts, for which a follow-up meeting has been scheduled for April 17. The overall goal of both staff is to work through outstanding issues by mid May. A meeting has been scheduled for late May with the Executive Directors of both Districts to resolve any outstanding issues.

• Conserve Florida - Statewide Public Supply Water Conservation Initiative – Tampa Regulation and Strategic Program Office staffs remain actively engaged in Conserve Florida, a statewide initiative to develop a water conservation options program for public supply users, because there are many potential regulatory implications. Staff continues to participate in a statewide workgroup and its various committees, plus internal coordination with Conservation Projects staff and other non-regulatory departments. The main product of this initiative to date is a web-based computer application called “The Guide” which a utility can use to develop or update its water conservation plan. The Guide identifies recommended and optional elements to include in a water conservation plan based on the utility's profile (size, mix of customers, existing efforts, etc). The workgroup also helps FDEP staff provide oversight of the Conserve Florida Clearinghouse (an entity, currently contracted to the University of Florida, which provides technical support for The Guide, an on-line water conservation library, and additional resources that are under development). The District's financial contribution to the Clearinghouse in Fiscal Year 2009 is $75,000. Conserve Florida's workgroup also sometimes serves in an advisory capacity to FDEP on other water conservation projects, and its meetings

Item 46provide an excellent forum for all participants to receive information and solicit input on their conservation-related activities. New activities since last meeting: Due to the recent workload associated with enacting and implementing water shortage orders, Conservation Projects staff has been covering committee and workgroup teleconferences for Resource Regulation.

• Year-Round Water Conservation Measures - Statewide Consistency Initiative – The current adopted version of the Southwest Florida Water Management District's Year-Round Water Conservation Measures rule went into effect in September 2003. This version was the culmination of a two-year rule development effort that included extensive advisory committee and public input. A statewide consistency effort focusing on lawn and landscape irrigation schedules is in its final stages, including formal rulemaking by this District, the St. Johns River Water Management District and the South Florida Water Management District. The main change for this District would be adjusting the specific allowable watering days in its twice-per-week maximum lawn watering schedule. During its Governing Board meeting on October 28, 2008, this District received testimony from two public supply representatives expressing concerns about proposed amendments related to reclaimed water. Staff revised the amendments to address these concerns and a final public hearing was held on December 16, 2008. Based on favorable comments, the Governing Board approved the revised amendments, but directed staff to postpone publication for adoption in order to monitor potential challenges to amendments to the corresponding rules for the other water management districts. St. Johns did not receive a challenge after removing language that would have restricted reclaimed water. New activities since last meeting: Staff is continuing to monitor South Florida for challenges prior to publishing the approved amendments and will advise the Board regarding any substantive developments. South Florida held a meeting regarding their amendments on April 9 and decided to continue the discussion to next month.

• Executive Director Orders – Seven emergency authorizations are in effect as of April 8, 2009, and staff continues to coordinate with permit holders to identify additional opportunities to provide temporary water supply assistance. Executive Director Order No. SWF 07-045, as modified, allows the Peace River/Manasota Regional Water Supply Authority to use a temporary diversion schedule for water withdrawals from the Peace River. The higher withdrawal rate has been used, when sufficient river flows have existed, to help meet regional demand. Any withdrawals above a specific day’s demand have been used to augment the Authority's reservoir and two ASR wellfields. Low river flows are currently limiting the usefulness of this emergency authorization. Executive Director Order No. SWF 08-024, as modified, allows Tampa Bay Water to use a temporary diversion schedule for water withdrawals from the Alafia River. The higher withdrawal rate has been used, when sufficient flows exist, to slow the rate of withdrawal from Tampa Bay Water's C.W. "Bill" Young Regional Reservoir needed to help meet regional demand. Low river flows are currently limiting the usefulness of this emergency authorization. Executive Director Order No. SWF 08-043, as modified, allows Tampa Bay Water to use a temporary diversion schedule for water withdrawals from the Tampa Bypass Canal's middle pool. These withdrawals have been used to augment the middle river portion of the Hillsborough River, which serves as the City of Tampa's primary water supply, reducing its need to purchase potable water from Tampa Bay Water. Middle pool withdrawals can also be used to supply water to Tampa Bay Water’s treatment plant to replace or slow the rate of withdrawal from the Young Reservoir. Executive Director Order NO. SWF 09-001 is currently allowing the Authority to temporarily withdraw groundwater from its two ASR wellfields, now that all previously-stored river water has been recovered. Executive Director Order No. SWF 09-003 allows the Englewood Water District to use a new interconnection in order to temporarily deliver groundwater to Charlotte County Utilities, reducing its demand for water from the Authority. Executive Director Order No. SWF 09-005 allows the city of Tampa to use a temporary diversion schedule for water withdrawals from Sulphur Springs to further augment its water supply. Executive Director Order No. SWF 09-008, as modified, allows Tampa Bay Water to use a temporary diversion schedule for water withdrawals from the Tampa Bypass Canal’s lower pool. Lower pool withdrawals can

Item 46be used to supply water to Tampa Bay Water’s treatment plant to replace or slow the rate of withdrawal from the Young Reservoir. New activities since last meeting: Please refer to the consent portion of the agenda for details regarding any additional action, including a recent modification to Executive Director Order No. SWF 09-001 and a new emergency authorization, Executive Director Order No. SWF 09-011, regarding use of withdrawals from the Morris Bridge Sink.

• Water Shortage Orders – Four non-emergency orders are currently in effect. Water Shortage Order No. SWF 09-009 was issued on February 24, 2009 and encompasses Charlotte, DeSoto, Manatee and Sarasota counties. It implemented Modified "Phase III" water shortage conservation measures for select water uses, including new requirements for restaurants to serve water only on request and for water utilities to pursue drought rates and other means of addressing discretionary single-family residential water use. Water Shortage Order No. SWF 08-044 was first issued on October 28, 2008 and as, twice modified, encompasses Hillsborough, Pasco and Pinellas counties. It also declared Modified “Phase III” water shortage restrictions and has been partially superseded by the Water Shortage Order No. SWF 09-012, which declared Modified “Phase IV” restrictions for certain water uses in the tri-county area when use of potable water from Tampa Bay Water or Aloha Utilities is involved. These additional restrictions include a ban on aesthetic fountains, home car washing and non-professional pressure washing. All other water uses in those seven counties and all water users the rest of the District's 16-county area remains subject to Water Shortage Order No. SWF 07-02 (a maximum of once-per-week lawn watering and other Modified "Phase II" water shortage conservation measures). New activities since last meeting: Prior to the effective date of the Phase IV Order, Demand Management staff trained personnel from the Tampa Regulation Department and Brooksville Regulation Department to conduct a four-day local enforcement verification effort. During early watering hours, two-person patrols of District staffvisited a cross section of neighborhoods served by five of the six member governments. Approximately 22,600 properties were visited and 515 apparent water restriction violations were detected, which equates to an observed compliance rate of 97.5%. The apparent violations were recorded and referred to the applicable local agencies for further investigation. Please refer to the discussion portion of the agenda for implementation details and any staff recommendations for additional water shortage declarations.

• Water Restriction Hotline – Staff continues to maintain a toll-free hotline (1-800-836-0797, extension 2015, or 1-800-848-0499) and an e-mail address (water.restrictions@ watermatters.org) that citizens and local officials can use to ask questions, report possible violations, and request information about water shortage and year-round water conservation measures. New activities since last meeting: In the four week period ending March 28, 2009, the hotline answered 1,433 calls and 174 e-mails. Follow-up activity from the calls and e-mails included: sending 40 first-time violation letters, referring 31 multiple-violation situations to local agencies for enforcement and resolving 7 petitions for variance (requests for permission to follow special watering schedules that abide by the basic intent of current water shortage measures). During the week ending April 5 (the week that Modified Phase IV restrictions went into effect), the hotline answered over 1,000 calls and received more than 200 e-mails; details will be provided in the May edition of this report.



Presenter: Richard S. Owen, AICP, Deputy Executive Director, Resource Regulation

D.R

esourceM

ana gement

Discussion Items

47. Consent Item(s) Moved for Discussion

Submit & File Report

48. Lower Hillsborough River Recovery Strategy Implementation – Annual Update .............. 2

Routine Reports

49. Florida Forever Funding Status Report ............................................................................. 5

50. Minimum Flows and Levels Status Report ........................................................................ 10

51. Structure Operations Status Report ................................................................................... 14

52. Watershed Management Program and Federal Emergency Management Agency Map Modernization Status Report .................................................. 27

53. Significant Water Supply and Resource Development Projects ....................................... 30

Item

Resource Management CommitteeApril 28, 2009


Lower Hillsborough River Recovery Strategy Implementation – Annual Update

PurposeTo provide an annual update to the Board regarding the implementation of the various projects outlined in the recovery strategy needed to meet the adopted minimum flow for the Lower Hillsborough River (LHR).

Background/HistoryAs required by statute, if the actual flow of a water course is below the proposed minimum flow or is projected to fall below the proposed minimum flow over the next 20 years, a "recovery strategy" is developed as part of the minimum flow development process. In the case of the LHR, a recovery strategy was needed. At its August 2007 meeting, the Governing Boardincorporated into Rule 40D-80.073, Florida Administrative Code, a recovery strategy for the LHR which outlined several proposed projects and a timeline for their implementation. Implementation of specific projects is subject to applicable diagnostic/feasibility studies and contingent on any required permits. As outlined in the recovery strategy, projects to be jointly funded by the District and the City of Tampa and their timelines for implementation are as follows:

(1) Sulphur Springs weir modifications (lower weir) by October 1, 2009, and upper weir and pump station modifications by October 1, 2010;

(2) Blue Sink Project, October 1, 2011;(3) Transmission Pipe, October 1, 2013; and(4) Investigation of Storage Options, October 1, 2016.

In addition, the District was to:

(1) Construct three temporary pump stations to transfer water from the Tampa Bypass Canal(TBC) to the base of the Hillsborough River Dam by January 1, 2008, and

(2) Explore the feasibility of developing and implementing by October 1, 2012, a project to transfer water from Morris Bridge Sink to the base of the dam.

DiscussionThis report reviews progress on individual projects, outlines the various phases that have been implemented to date, and summarizes progress on various elements currently underway.

Sulphur Springs weir modification and pump station – The City of Tampa has been supplying 10 cubic feet per second (cfs) of flow to the base of their dam when required to meet the minimum flow ever since the Minimum Flows and Levels (MFLs) rule went into effect on November 25, 2007. In addition, the City of Tampa and the District have entered a cooperative agreement to perform needed weir modifications that are to be in place by October 1, 2009, as identified in the rule. A previous study of weir modifications was conducted by the City of Tampa with District cooperation in conjunction with the establishment of minimum flows for Sulphur Springs.This study indicated that if the weir was modified at the mouth of the spring run, the run could be better protected against salinity incursions. This weir would need to be low enough to allow fish passage during periods of high tides, but high enough to prevent salinity incursions. The City of Tampa proposes to install an operable weir so that adjustments can be made to protect the spring run during times of low flow. The weir could also be raised to allow full access to the spring run during times of high flow. These modifications would allow for greater management flexibility by the City to use flow from the spring to meet the minimum flow needs of both the LHR and Sulphur Springs Run.

Item In October 2008, the City of Tampa and the District entered into a joint funding agreement designed to conduct additional improvements at Sulphur Springs. This project will modify the existing pump station at Sulphur Springs to increase reliability and efficiently provide variable pumping rates; replace and or modify the Sulphur Springs upper weir and gates that control flow between Sulphur Springs Pool and Sulphur Springs Run; install provisions to control Sulphur Springs Pool pumping rate based on the temperature and salinity of adjacent monitoring stations; and modify and/or replace the Sulphur Springs pump station intake to allow for the range of anticipated water levels in Sulphur Springs Pool. The design of the project shall be completed by September 1, 2009, while the permitting will be completed by January 1, 2010, and construction completed by October 1, 2010, as required in the recovery strategy.

Blue Sink Project – By October 1, 2010, the City of Tampa and the District are to complete a thorough cost/benefit analysis to investigate the feasibility of moving 3 cfs of flow from Blue Sink to a location to help meet the minimum flow for the LHR. The District completed a pump test in June 2008 designed to determine if a sustainable yield could be provided by Blue Sink. Although, the initial test results were favorable, a mechanical problem disrupted the test for 40 hours mid-way into the 30-day test so another test was begun in March 2009. This second test was completed on April 1, 2009, and results are currently being evaluated. The District and City have already entered into a cooperative agreement so that the cost/benefit analysis can proceed once analysis of the final pump test is completed.

Transmission Pipeline Project – This proposed project would move water from the middle pool of the TBC to the City of Tampa’s water treatment plant through a pipeline rather than using the reservoir as a conduit. It was anticipated that this project might provide measurable water savings through reduction of evapotranspiration and seepage losses that would occur from the reservoir. Under the funding agreement between the District and the City of Tampa, the parties agreed to jointly fund a peer review of the proposed Transmission Pipeline with the purpose of quantifying to the extent possible any water savings that would occur and thus establish the costs/benefits of the proposed project. The peer review report for the Transmission Pipeline Project was delivered to the City and District on September 12, 2008, before the October 1 completion date specified in the recovery plan. It was the conclusion of the Peer Review Panel that "the projected water savings by transporting the augmentation water in the pipeline rather than through the Reservoir is relatively small." Both District and City staff have reviewed the report and concur with the findings of the Peer Review Panel. Based on the results of this report, the pipeline project will no longer be considered a viable project under the recovery plan.

Investigation of Storage Options – No projects have yet been considered under this potential initiative pending implementation of projects already identified.

Tampa Bypass Canal Diversion – The recovery strategy required the District to divert up to 7.1 million gallons (this is equivalent to a flow rate of 11 cfs) of water on any given day from the District’s TBC to the Hillsborough River (at Structure 161), and then deliver water from the Hillsborough River to the base of the City’s dam. The installation of temporary pumps was completed as prescribed in the rule. Water has been supplied from this source as needed and without interruption since January 1, 2008. All temporary diesel pumps were replaced by permanent electrical pumps by May 2008.

Morris Bridge Sink Project – Due to ongoing and severe drought conditions, staff was directed by the Board to expedite, to the extent possible, the Morris Bridge Sink Project. As a result, staff began a pump test of the sink on April 13 to determine the potential of the sink to deliver 6 cfs of flow to the TBC on a sustainable basis without causing unacceptable adverse impacts. The pump test is currently ongoing and is expected to last 30 days. Monitoring wells have been established in the area to determine the impact of pumping on the aquifer and on nearby wetlands. In addition, water quality in private wells in the area is being monitored pre- and post-testing. Water from the pump test has been directed to the TBC and Hillsborough River so that it can be beneficially used for water supply purposes.

The purpose of the proposed projects as discussed above is to provide a sufficient flow of fresh and low salinity water below the City of Tampa’s dam to restore a zone of low salinity habitat to

Item the LHR. The current drought aside, water does not flow over the City of Tampa’s dam for an average of 200 days each year. Without this flow, the salinity below the dam is high and no desirable low salinity habitat exists for much of the year. Figure 1 was constructed using salinity data collected in the Hillsborough River in the vicinity of Rowlett Park located immediately downstream of the City of Tampa’s Dam. This figure contrasts the salinity in near surface water for three different years (2000, 2007 and 2008). In 2000, no water was supplied to the base of the dam to meet a minimum flow in the LHR. In 2007, 10 cfs of low salinity water from Sulphur Springs was routed to the base of the dam to help provide low salinity habitat immediately below the dam. Beginning in 2008, water from the TBC was routed to the Hillsborough River to help meet the newly adopted MFL for the LHR. Once in the river above the dam, 8.25 cfs of water was delivered to the base of the dam. Using 8.25 cfs from the TBC and 10 cfs of water from Sulphur Springs, a total of 18.25 cfs of water was delivered to the base of dam in 2008 whenever flow over the dam was not sufficient to meet minimum flow requirements. The figure demonstrates under near worse-case conditions, the benefits of supplying 10 cfs in 2007 (approximately 50 percent of the currently adopted MFL) and 18.25 cfs in 2008 (approximately 75 percent of the MFL) as compared to conditions that would exist in the absence (0 percent) of a minimum flow (in 2000).

In summary, all activities and projects proposed in the adopted recovery strategy have been conducted consistent with the timeline established in the rule, and preliminary results suggest that the desired goal of creating low salinity habitat below the dam can be sustained even under drought conditions.

0

5

10

15

20

0 50 100 150 200 250 300 350

Salin

ity

Day of Year

Mean Daily Surface Salinity at Rowlett Park for Three Years

Y2000 Y2007 Y2008

Figure 1. Comparison of salinity at Rowlett Park on the LHR for three one-year periods. Year 2000, no MFL supplied. Year 2007, 10 cfs minimum flow supplied from Sulphur Springs. Year2008, 10 cfs from Sulphur Springs and 8.25 cfs from TBC for a combined 18.25 cfs minimum flow.


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

Presenter: Martin H. Kelly, Ph.D., Minimum Flows and Levels Program Director,Resource Projects Department

Item


Routine Report

Florida Forever Funding

PurposeNo Board action is required. This item is submitted for information purposes only.

Background/HistoryAttached 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.




Southwest Florida Water Management DistrictFlorida Forever Status

Parcel/Project Funds AvailableFla Forever

Category SWUCA Estimated CostFee

AcresLTF

Acres CommentsGoverning

Bd Date

Florida Forever Funds Available -- Inception to Date $ 254,163,581

Includes $13,170,753 from the Water Management Lands Trust Fund, $3,182,719 from the P2000 Trust Fund and $5,310,109 from FDOT mitigation

Completed AcquisitionsPanasoffkee/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 � 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

Tampa Bay - Furtick (21-728-121)Restoration - land acq � 830,000 127 Closed 12/30/2002

Prairie/Shell Creek - Burchers (20-649-105) Preservation � 254,016 108 Closed 01/16/2003 Prairie/Shell Creek - Leonard (20-649-104) Preservation � 85,036 40 Closed 01/16/2003 Alafia River Corridor - Fish Hawk (11-709-131) Preservation � 4,800,000 899 Closed 02/06/2003 - used P2000 & Florida Forever fundsMyakka River - Eagle Ridge (21-708-126) Preservation � 1,670,269 997 Closed 02/07/2003

Lake Pretty - Robinson (14-009-108)Water resource dev - land acq � 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

Tampa Bay - Kushmer (11-728-108)Restoration - land acq � 82,500 16 Closed 07/18/2003

Tampa Bay - Pine Island (21-728-118)Restoration - land acq � 450,000 86 Closed 08/09/2003

Lake Panasoffkee - Beville (19-528-135)Restoration - 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 (20-502-101)

Water resource dev - land acq � 30,500,000 3,535 Closed 11/21/2003

Tampa Bay - TECO (11-728-110)Restoration - land acq � 1,713,572 2,347 Closed 12/11/2003

Tampa Bay - Huber (21-728-105)Restoration - land acq � 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 � 225,180 25 Closed 11/16/2004

Tampa Bay - Shell Pit (11-728-109)Restoration - land acq � 395,672 147 Closed 12/02/2004

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

4/8/2009 Page 1 of 4




AcresLTF


Bd DateGreen Swamp - Beck (10-200-1246) Preservation 11,250 15 Closed 12/14/2004 - used P2000 funds

Lake Hancock - Griffin (20-503-105)Water resource dev - land acq � 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 � 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 � 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

Lake Hancock - Coscia and Nguyn (20-503-102)Water resource dev - land acq � 5,225,000 590 Closed 08/04/2005

Green Swamp East - Crowell (10-200-1237) Preservation 2,500 4 Closed 2/16/2006

Green Swamp East - Overstreet (10-200-1145) Preservation 24,101,645 5,067 Closed 5/31/2006 - used WMLTF & Florida Forever funds Flying Eagle - Keough (19-334-137) Preservation 25,535 20 Closed 10/12/2006

Lake Hancock - Kent (20-503-122)Water resource dev - land acq � 3,726,950 370 Closed 10/26/2006

Green Swamp - Raulerson (10-200-1258) Preservation 400,000 20 Closed 04/13/2007

Annutteliga Hamock - O'Brien (15-228-1288) Preservation 87,000 3 Closed 07/13/2007 Annutteliga Hamock - Tyte (15-228-1287) Preservation 570,000 30 Closed 07/13/2007

Lake Hancock - Powell (20-503-152)Water resource dev - land acq � 30,000 2 Closed 07/26/2007

Lower Hillsborough FDA - Guerard (13-300-110) Preservation 1,750,000 70 Closed 09/06/2007

Green Swamp West - Barnes (19-410-123C) Preservation 1,125,000 300 Closed 10/30/2007 Gum Slough - King/Phebus (19-193-195) Preservation 94,500 35 Closed 11/25/2007 Myakkahatchee Creek - Carlton (21-694-102 and 103C) Preservation � 19,746,592 4,744 7,626 Closed 12/20/2007 - used Florida Forever & FDOT mitigation funds

Lake Hancock - Hampton (20-503-103)Water resource dev - land acq � 37,175,000 2,036 Closed 4/30/2008

Annutteliga Hammock - Hadley (15-228-1290) Preservation 90,211 5 Closed 6/26/2008 Lower Manatee River Floodway - Green (21-602-110) Preservation � 987,915 43 Closed 7/31/2008 Myakka Prairie - Harrison (21-199-109C) Preservation � 818,730 663 Closed 9/11/2008 Green Swamp - Vegso (10-200-1005) Preservation 2,500 3 Closed 9/30/2008 Weekiwachee Preserve - Aripeka Heights (15-773-143) Preservation 2,175,000 210 Closed 10/8/2008 Annutteliga Hammock - Koblis (15-228-1294) Preservation 95,000 5 Closed 10/15/2008

4/8/2009 Page 2 of 4




AcresLTF


Bd DateAnnutteliga Hammock - Reid (15-228-1296) Preservation 119,723 6 Closed 11/14/2008 Annutteliga Hammock DeGolden (15-228-258) Preservation 444,999 40 Closed 11/25/2008 Annutteliga Hammock - Both (15-228-1293) Preservation 11,057 6 Closed 12/23/2008 Annutteliga Hammock - O'Ryan (15-228-1295) Preservation 263,550 13 Closed 12/23/2008

Crooked Lake - Stuart (20-697-101)Restoration - land acq � 5,367,292 3,508 Closed 12/30/2008

Subtotal Completed Parcels/Projects $ 200,739,462 38,850 20,268 Subtotal Funds Available $ 53,424,119 Parcels/Projects Approved By Board (Funds Encumbered within DEP Trust Fund)

South Saddle Creek Restoration and Water Quality Treatment Project

Restoration - capitalimprovement � $ 13,435,446 N/A N/A Funds encumbered

Subtotal Parcels/Projects Approved By Board $ 13,435,446 - -

Subtotal Funds Available $ 39,988,673

Ongoing Acquisitions/ProjectsUpper Peace River - Clear Springs, LLC (20-502-107)

Water resource dev - land acq � 1,900 Negotiating with owners Jun-09

Alafia River Corridor - Gooch (11-709-112) Preservation � 750 50/50 partnership with Hillsborough County; working on interlocal agreement; Hillsborough County has acquired parcel Aug-09

Annutteliga Hammock (9 parcels) Preservation 14 Negotiating with owners TBD

Crooked Lake - Britt (20-697-102)Restoration - land acq � 77 NRCS and Polk County closed on parcel; scheduled for April Boards Apr-09

Cypress Creek - Short (13-500-389) Preservation 51 Received unaceptable counter proposal TBD

Green Swamp West - Hawk Ranch (19-410-119) Preservation 457 Appraisals on order TBD

Lake Panasoffkee - Patterson (19-528-112) Preservation 1 Proposed property exchange for land in Hernando County TBD

Lower Hillsborough FDA - inholding (13-300-776) Preservation 27 Assessing land requirements TBDLower Manatee River Floodway - Potter (21-602-111) Preservation � 21 County pursing project TBDLower Peace River Corridor - Fredrick (20-695-105) Preservation � 700 Pursuing partnership with NRCS TBDMyakka Prairie - Carithers (21-199-106C) Preservation � 234 Pursuing partnership with NRCS TBDMyakka Prairie - Chapman (21-199-107C) Preservation � 190 Pursuing partnership with NRCS TBDMyakka Prairie - Hullinger (21-199-110C) Preservation � 588 Pursuing partnership with NRCS TBDMyakka Prairie - Horton (21-199-108C) Preservation � 588 Pursuing partnership with NRCS TBDMyakka Ranchlands - Walton & Longino Preservation � 7,969 Sarasota County taking acquisition lead TBDPasco 1 - Crossbar Ranch (15-704-109) Preservation 12,000 State taking acquisition lead; State reviewing appraisals TBDPotts Preserve - Goodgame (19-484-123) Preservation 20 New title information and appraisals being prepared for exchange TBDTampa Bay Estuarine Ecosystem - Amerson (21-728-124)

Restoration - land acq � 20 On hold until State determines partnership status TBD

Tampa Bay Estuarine Ecosystem - Bascom (21-728-125)

Restoration - land acq � 6 On hold until State determines partnership status TBD

Three Sisters Springs (15-347-123)Restoration - land acq 56

Partnership between City of Crystal River, US Fish & Wildlife Service, Florida Communities Trust (FCT), The Conservation Fund and SWFWMD; FCT grant awarded; City taking lead Aug-09

4/8/2009 Page 3 of 4




AcresLTF


Bd DateUpper Hillsborough - Schaper (10-400-167) Preservation 33 Scheduled for April Board Apr-09Weekiwachee Preserve - Southworth (15-773-203C) Preservation 278 Conservation easement terms to be revised TBD

Subtotal Ongoing Acquisitions/Projects $ 60,894,351 14,976 11,004

Grand Total (20,905,678)$ 275,069,259$ 53,826 31,272 Note that projected monies to be spent exceed current funding. This is due to the fact that not all acquisitions will be consummated since the District’s acquisition program is opportunity-driven and primarily

4/8/2009 Page 4 of 4

Item 50


Routine Report

Minimum Flows and Levels

District staff continues to work on various phases of Minimum Flows and Levels (MFLs) development for water bodies on the District's MFLs priority list. Attached for the Board's use and information is the current Minimum Flows and Levels Priority List and Schedule – Waterbody Timelines report that identifies the status of each water body in regard to our five phase process of MFL establishment.



Presenter: Martin H. Kelly, Ph.D., Minimum Flows and Levels Program Director,Resource Projects Department

Board Adopted 2009 Priority ListSchedule and TimelineExhibit A

Updated March 31, 2009

RIVERS, SPRINGS and ESTUARIES

Phase 1 Phase 2 Phase 3 Phase 4 Phase 5Data Collection Data Analysis Rpt to Board / Peer Review Recovery Rule Adoption

& Internal Draft MFL Report Strategy2008

Alafia River System (estuary) completed completed completed Recovery Dec 2008 Buckhorn Spring completed completed completed Recovery Dec 2008 Lithia Spring completed completed completed Recovery Dec 2008

Lower Peace River Estuary completed completed completed for Shell Creek Dec 2008

Weekiwachee River System and Springs completed completed completed NA completed2009

Anclote River System completed completed Jan 2009 / Apr 2009 Recovery Aug 2009

Blind Springs Jan 2009 May 2009 Jun 2009 / Sep 2009 TBD Nov 2009

Chassahowitzka River System and Springs completed Jun 2009 Aug 2009 / Nov 2009 TBD Dec 2009

Dona Bay (Cow Pen Slough Canal) completed completed completed NA Apr 2009

Homosassa River System and Springs completed Jun 2009 Aug 2009 / Nov 2009 TBD Dec 2009

Little Manatee River System completed May 2009 Jul 2009 / Oct 2009 TBD Nov 2009

Lower Myakka River System completed Dec 2008 Jan 2009 / Apr 2009 TBD Aug 2009

Manatee River System completed May 2009 Jul 2009 / Oct 2009 TBD Nov 2009

Middle and Upper Withlacoochee River System Jan 2009 May 2009 Jul 2009 / Oct 2009 TBD Nov 2009(Green Swamp)

Rainbow Springs completed May 2009 Jul 2009 / Oct 2009 TBD Nov 20092010

Crystal River System Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 2010Kings Bay Spring Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 2010

Gum Springs Group Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 2010

Hidden River Springs 1 and 2 Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 2010

Northern Tampa Bay - Phase II Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 2010

Pithlachascotee River System Jan 2010 May 2010 Jul 2010 / Oct 2010 TBD Nov 20102011

Lower Withlacoochee River System Jan 2011 May 2011 Jul 2011 / Oct 2011 TBD Nov 2011

Brooker Creek Jan 2011 May 2011 Jul 2011 / Oct 2011 TBD Nov 2011

Upper Peace River Jan 2011 May 2011 Jul 2011 / Oct 2011 TBD Nov 2011"Middle" and "High" Minimum Flows

2012Charlie Creek (Peace River drainage) Jan 2012 May 2012 Jul 2012 / Oct 2012 TBD Nov 2012Horse Creek (Peace River drainage) Jan 2012 May 2012 Jul 2012 / Oct 2012 TBD Nov 2012

North Prong Alafia River Jan 2012 May 2012 Jul 2012 / Oct 2012 TBD Nov 2012South Prong Alafia River Jan 2012 May 2012 Jul 2012 / Oct 2012 TBD Nov 2012

2013Prairie Creek (Peace River drainage) Jan 2013 May 2013 Jul 2013 / Oct 2013 TBD Nov 2013

Shell Creek (Peace River drainage) Jan 2013 May 2013 Jul 2013 / Oct 2013 TBD Nov 2013

At the Board's direction, staff have added projected dates on which: we expect to have internal draft reports complete, presentation of draft to Board, report of peer review to Board, and return for rule establishment.

* Waterbodies completed through Phase 5 will be removed from this list and added to the Minimum Flows and Levels Established to Date list when the priority list is updated each year.



LAKES

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

& Draft MFL Report Strategy

2008Highlands County Lakes

Anoka completed completed NA completed completedHillsborough County Lakes

Raleigh completed Dec 2008 completed completed Dec 2008Rogers completed Dec 2008 completed completed Dec 2008Starvation completed Dec 2008 completed completed Dec 2008

2009Hillsborough County Lakes

Wimauma June 2009 Aug 2009 NA TBD Dec 2009Polk County Lakes

Hancock completed Aug 2009 NA completed Dec 20092010

Polk County LakesCrystal June 2010 Aug 2010 NA TBD Dec 2010

2011Marion County Lakes

Bonable June 2011 Aug 2011 NA TBD Dec 2011Little Bonable June 2011 Aug 2011 NA TBD Dec 2011Tiger June 2011 Aug 2011 NA TBD Dec 2011

2013Hernando County Lakes

Tooke June 2013 Aug 2013 NA TBD Dec 2013Whitehurst June 2013 Aug 2013 NA TBD Dec 2013

* Waterbodies completed through Phase 5 will be removed from this list and added to the Minimum Flows and Levels Established to Date l ist when the priority list is updated each year.



Minimum Flows and Levels Established to Date

� Alafia River (upper freshwater segment)

� Braden River

� Citrus County Lakes (Ft. Cooper, Tsala Apopka – Floral City, Inverness and Hernando Pools)

� Crystal Springs

� Hernando County Lakes - Hunters, Lindsey, Mountain, Neff, Spring and Weekiwachee Prairie

� Highland County Lakes – Angelo, Denton, Jackson, Little Lake Jackson, June-in-Winter, Letta, Lotela,Placid, Tulane, and Verona

� Hillsborough County Lakes – Alice, Allen, Barbara, Bird, Brant, Calm, Charles, Church, Crenshaw, Crescent, Crystal, Cypress, Dan, Deer, Dosson, Echo, Ellen, Fairy [Maurine], Garden, Halfmoon, Harvey, Helen, Hobbs, Horse, Jackson, Juanita, Little Moon, Merrywater, Mound, Platt, Pretty, Rainbow, Reinheimer, Round, Saddleback, Sapphire, Stemper, Strawberry, Sunset, Sunshine, Taylor and Virginia.

� Hillsborough River (lower segment)

� Hillsborough River (upper segment)

� Levy County Lake (Marion)

� Northern Tampa Bay - 41 Wetland sites

� Northern Tampa Bay – 7 Wells – Floridan Aquifer/Saltwater Intrusion

� Pasco County Lakes – Bell, Big Fish, Bird, Buddy, Camp, Clear, Green, Hancock, Iola, Jessamine, King, King (East), Linda, Middle, Moon, Padgett, Parker aka Ann, Pasadena, Pasco, Pierce, unnamed #22 aka Loyce

� Peace River (middle segment)

� Peace River (upper segment – "low" minimum flows)

� Polk County Lakes – Annie, Bonnie, Clinch, Crooked, Dinner, Eagle, Lee, Mabel, McLeod, Parker, Starr, Venus, and Wales

� Myakka River (upper freshwater segment)

� Sulphur Springs

� Sumter County Lakes – Big Gant, Black, Deaton, Miona, Okahumpka and Panasoffkee

� SWUCA – Floridan Aquifer

� Tampa Bypass Canal

Item 51


Routine Report

Structure Operations

March was yet another very dry month throughout the District. The only rainfall received during the month was associated with the passage of cold fronts on March 2 and March 29-30. The current 12-month cumulative rainfall deficit is now about 11 inches, while the deficit for the 24-month and 36-month time-period is approximately 18 and 30 inches, respectively.

Streamflow on the District’s riverine systems remains at critically low levels, limiting their use as water supply sources, and regional groundwater and lake levels remain well below normal. The risk of wildfire throughout the District is high.

NOAA climate models and forecasts predict below-normal rainfall for the central and southern regions of the District from April through June 2009. The forecast for the northern region of the District for this period is inconclusive (i.e., equal chances for normal, above-normal or below-normal conditions). The US Drought Monitor classifies all areas of the District as experiencing moderate to severe drought conditions. Improvements to hydrologic conditions are not expected until the onset of the rainy season, sometime in June.

Updated weather forecasts will be available in mid-April. Staff will continue to closely monitor conditions in accordance with the District's updated Water Shortage Plan, including any necessary supplemental analysis of condition data.

RainfallRainfall totals for March were below-normal in all three regions of the District. The normal range is defined as rainfall totals that fall on or between the 25th to 75th percentiles derived from the historical data for each month• The northern region received an average of 1.24 inches of rainfall, equivalent to the 15th

percentile.• The central region received 0.93 inch of rainfall, equivalent to the 11th percentile.• The southern region recorded an average of 1.08 inches of rain, equivalent to the 20th

percentile.• District-wide, average rainfall was 1.07 inches, equivalent to the 10th percentile.

A summary of the operations made in March is as follows:

• Inglis Water Control Structures: The Inglis Bypass Spillway was operated during the month of March in order to maintain water levels in Lake Rousseau and provide flow to the lower Withlacoochee River. The average monthly water level for Lake Rousseau was 27.60' NGVD.The recommended maintenance level for the reservoir is 27.50’ NGVD.

• Withlacoochee River Basin: All structures on the Tsala Apopka chain of lakes were closed for the month of March with the exception of the Leslie Heifner Structure. The Leslie Heifner Structure remains open to allow flow (and navigation) from the Withlacoochee River into the Floral City Pool. The Wysong-Coogler Water Conservation Structure main gate is in the fully raised position (39.00' NGVD). The low flow gate crest is 35.50' NGVD. The average daily flow (USGS) for the month of March was 65 cubic feet per second (cfs).

Item 51• Alafia River Basin: The environmental gate at the Medard Reservoir Structure gate is set to

58.50' NGVD in order to maintain water levels in the reservoir and provide for flow into the Little Alafia River. The average monthly water level for the Medard Reservoir was 57.48'NGVD. The recommended maintenance level for the reservoir is 58.50’ NGVD.

• Hillsborough River Basin: There were no structures operated during the month of March. Theaverage monthly water level for Lake Thonotosassa was 35.69' NGVD compared to the recommended maintenance level of 36.50' NGVD.

• Pinellas-Anclote River Basin: There were no structures operated during the month of March.The average monthly water level for Lake Tarpon was 2.67’ NGVD compared to the recommended maintenance level of 3.20' NGVD.

• Northwest Hillsborough River Basin: There were no structures operated during the month of March.

• Peace River Basin: There were no structures operated during the month of March. The average monthly water level for Lake June-in-Winter was 73.90' NGVD compared to the recommended maintenance level of 75.00’ NGVD.


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

Presenter: Mike Holtkamp, Director, Operations Department

ELEVATION ELEVATION CURRENT POSITION OF ELEVATION ELEVATION CURRENT POSITION OFLEVELS DIFFERENCE LEVEL STRUCTURE LEVELS DIFFERENCE LEVEL STRUCTURE

FLINT CREEK 35.52 FLORAL CITY POOL 37.72HIGH LEVEL 37.00 -1.48 Gates Closed HIGH LEVEL 42.50 -4.78 Leslie Heifner Open

MAXIMUM DESIRABLE 36.50 -0.98 All drop gates: 36.00' MSL MAXIMUM DESIRABLE 42.25 -4.53 Floral City ClosedLOW LEVEL 34.50 1.02 invert 32.9' Golf Course Golf Course All Gates Closed

LOW LEVEL 40.25 -2.53 invert 38.0' Moccasin slough ClosedKELL 63.47

HIGH LEVEL 66.00 -2.53 Closed INVERNESS POOL 35.31MAXIMUM DESIRABLE 65.50 -2.03 No logs HIGH LEVEL 40.50 -5.19 Brogden Bridge closed

LOW LEVEL 63.50 -0.03 invert 64.66' MAXIMUM DESIRABLE 40.25 -4.94 Brogden Bridge Bryant Slough gates closedLOW LEVEL 38.25 -2.94 invert 34.25'

KEENE 59.78 Keene 1: 2-6" logsHIGH LEVEL 63.00 -3.22 Keene 2: 2- 6" logs HERNANDO POOL (S353) 33.58

MAXIMUM DESIRABLE 62.50 -2.72 1-invert 61.5' Keene 3: no logs HIGH LEVEL 39.00 -5.42 S-353 Van Ness closedLOW LEVEL 60.50 -0.72 2-invert 61.6' Sherry's Brook: 18" of Logs MAXIMUM DESIRABLE 38.75 -5.17 invert 36.5' S-353 gates closed

LOW LEVEL 36.75 -3.17STEMPER 55.90 Two Mile Prairie (max) 35.00 -11.75 23.25

HIGH LEVEL 62.00 -6.10 Two 4" logs installedMAXIMUM DESIRABLE 61.25 -5.35 LESLIE HEIFNER 37.78 Upstream (RIVER level)

LOW LEVEL 59.50 -3.60 invert 60.25' HIGH LEVEL 42.50 -4.72 37.74 Downstream (POOL level)MAXIMUM DESIRABLE 42.25 -4.47 Gate Fully Open To 9.00

HANNA 56.46 LOW LEVEL 40.25 -2.47 invert 35.0'HIGH LEVEL 62.50 -6.04 18" of stop log installed

MAXIMUM DESIRABLE 61.75 -5.29 WYSONG-COOGLERLOW LEVEL 59.50 -3.04 invert 60.28' UPSTREAM 39.50 -2.20 37.30 Main Gate Raised to 39.00'

DOWNSTREAM 36.12 Low Flow Gate at 36.12'CYPRESS CREEK Flood Stage 77 Total cfs flow

WORTHINGTON GARDENS 8.00 -6.36 1.64 Drop gate open 3.0'. INGLIS 27.65HIGH LEVEL 28.00 -0.35 By-pass Gates Open 2.00'

SAWGRASS LAKE MAXIMUM DESIRABLE 27.50 0.15 Main Gates ClosedHIGH LEVEL 5.00 -0.53 4.47 Gate 1 Fully Open LOW LEVEL 26.50 1.15 invert 11.3' 641 Total cfs flow LOW LEVEL 3.80 0.67 Gate 2 Closed

Gate 3 Closed LAKE BRADLEYTARPON (S551) 2.59 MAXIMUM DESIRABLE 42.50 -5.14 37.36 Gauge at mud level

HIGH LEVEL 3.80 -1.21 Main gates Closed Gate ClosedMAXIMUM DESIRABLE 3.20 -0.61 Drop gates Closed LAKE CONSUELLA

LOW LEVEL 2.20 0.39 MAXIMUM DESIRABLE 41.50 -5.12 36.38 Gauge at mud levelLogs in (Closed)

ANNE PARKER 45.23 MEDARD RESERVOIRHIGH LEVEL 48.75 -3.52 5-6" logs MAXIMUM DESIRABLE 60.00 -2.67 57.33 Gate Open 58.50 MSL

MAXIMUM DESIRABLE 48.25 -3.02LOW LEVEL 45.75 -0.52 invert 46.40' HANCOCK (P11) 96.98 Gauge at structure

HIGH LEVEL 99.00 -2.02 96.83 Gauge on lakeWHITE TROUT 32.71 MAXIMUM DESIRABLE 98.50 -1.52HIGH LEVEL 36.50 -3.79 CREST = 33.94' MSL LOW LEVEL 96.00 0.98 invert 91.7' Gate Closed

MAXIMUM DESIRABLE 36.00 -3.29 12" of stop log installedHENRY (P5) 123.93

LOW LEVEL 34.00 -1.29 invert 32.94' HIGH LEVEL 126.50 -2.57 LRLMDMAXIMUM DESIRABLE 126.00 -2.07

KEYSTONE 39.37 LOW LEVEL 124.00 -0.07 invert 122.0'HIGH LEVEL 42.00 -2.63 Gates Closed

MAXIMUM DESIRABLE 41.75 -2.38 SMART (P6) 124.98LOW LEVEL 39.75 -0.38 invert 37.2' HIGH LEVEL 128.75 -3.77 LRLMD

MAXIMUM DESIRABLE 128.50 -3.52CRESCENT 38.93 LOW LEVEL 126.50 -1.52 invert 127.2'HIGH LEVEL 42.50 -3.57 Gate Closed

MAXIMUM DESIRABLE 42.00 -3.07 FANNIE (P7) 120.71LOW LEVEL 40.00 -1.07 invert 38.5' HIGH LEVEL 125.75 -5.04 LRLMD

MAXIMUM DESIRABLE 125.50 -4.79 (No data due to site relocation)ISLAND FORD 36.41 LOW LEVEL 123.50 -2.79 invert 119.5'HIGH LEVEL 41.50 -5.09 Gates Closed

MAXIMUM DESIRABLE 41.00 -4.59 invert 35.0' HAMILTON (P8) 118.30LOW LEVEL 39.00 -2.59 crest 41.25' HIGH LEVEL 121.50 -3.20 LRLMD

MAXIMUM DESIRABLE 121.25 -2.95 (De-watering for Maintenance)PRETTY 42.46 LOW LEVEL 119.00 -0.70 invert 110.5'

HIGH LEVEL 45.50 -3.04 Lift Gate ClosedMAXIMUM DESIRABLE 44.50 -2.04 Drops Closed LENA (P1) 133.67

LOW LEVEL 42.75 -0.29 invert 38.0' HIGH LEVEL 137.00 -3.33 Gates closedMAXIMUM DESIRABLE 136.75 -3.08

MAGDALENE 46.57 Lake gauge LOW MANAGEMENT 134.50 -0.83 invert 134.47'HIGH LEVEL 50.00 -3.43 46.19 Structure gauge

MAXIMUM DESIRABLE 49.50 -2.93 JUNE-IN-WINTER (G90) 73.83LOW MANAGEMENT 47.50 -0.93 invert 45.6' Gates Closed HIGH LEVEL 75.50 -1.67 Gates Closed

MAXIMUM DESIRABLE 75.00 -1.17 Overflow at 75.25' MSLBAY 44.10 LOW LEVEL 73.00 0.83 invert 65.37'

HIGH LEVEL 46.75 -2.65 Gates ClosedMAXIMUM DESIRABLE 46.00 -1.90 ARIETTA (P3) 139.03

LOW LEVEL 44.00 0.10 invert 44.0' HIGH LEVEL 144.00 -4.97 Gate closed MAXIMUM DESIRABLE 142.50 -3.47

ELLEN-LIPSEY 38.31 Structure Gauge LOW LEVEL 141.00 -1.97 invert 137.4'HIGH LEVEL 41.50 -3.19 38.54 Lake Gauge

MAXIMUM DESIRABLE 41.00 -2.69 Gate Closed GIBSON 140.99LOW LEVEL 39.00 -0.69 invert 37.6' Drops: 40.62 - Stems 13.5" HIGH LEVEL 143.50 -2.51 Gate Closed

MAXIMUM DESIRABLE 143.00 -2.01 Stop log bays at 143.00' crestCARROLL 33.16 Low Level 141.50 -0.51 invert 141.4'

HIGH LEVEL 37.00 -3.84 24" of stop log installedMAXIMUM DESIRABLE 36.50 -3.34 PARKER 127.27

LOW LEVEL 34.50 -1.34 invert 34.17' HIGH LEVEL 131.00 -3.73 Gate closedMAXIMUM DESIRABLE 130.75 -3.48

ARMISTEAD 39.22 LOW LEVEL 128.75 -1.48 invert 129.15'HIGH LEVEL 44.00 -4.78 Gate Closed

MAXIMUM DESIRABLE 43.00 -3.78 PEACE RIVER Flood StageLOW LEVEL 40.50 -1.28 BARTOW 8.00 -4.59 3.41

ZOLFO SPRINGS 16.00 -12.01 3.99HILLSBOROUGH RIVER Flood Stage ARCADIA 11.00 -10.06 0.94

MORRIS BRIDGE 32.00 -8.39 23.61 S-155 is openFOWLER 29.00 -8.84 20.16 LITTLE MANATEE RIVER Flood Stage

WIMAUMA 11.00 -8.52 2.48WITHLACOOCHEE R. Flood Stage

TRILBY 61.27 -10.78 50.49 ALAFIA RIVER Flood StageCROOM 47.94 -8.35 39.59 LITHIA 13.00 -10.52 2.48

HIGHWAY. 48 37.74LAKE PANASOFFKEE 40.70 -2.63 38.07 MYAKKA RIVER Flood Stage

HOLDER 35.52 -7.38 28.14 MYAKKA STATE PARK 7.00 -5.69 1.31

ANCLOTE RIVER Flood Stage MANATEE RIVER Flood StageELFERS 20.00 -12.05 7.95 MYAKKA HEAD 11.00 -8.92 2.08

STRUCTURE OPERATIONS SECTION HYDROLOGIC REPORTMarch 30, 2009

STRUCTURESTRUCTURE

140.00

140.50

141.00

141.50

142.00

142.50

143.00

143.50

144.00

144.50

145.00

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Daily Average Values

Lake Gibson

Lake Surface Area = 480 AcresLow Slab = 144.81'Structure Gauge Datum = 100 00'

0.50

1.00

1.50

2.00

2.50

3.00

3.50

4.00

4.50

5.00

5.50

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Lake Tarpon, S-551

Lake Surface Area =2,534SCADA Device # 6491

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

Structure Gauge Datum = 100.00Lake Gauge Datum = 135.00 MSLSCADA Device Number 2427


SCADA Device # 6491

34.00

34.50

35.00

35.50

36.00

36.50

37.00

37.50

38.00

38.50

39.00

39.50

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Lake Thonotosassa


Lake Surface Area = 824 AcresLow Slab = 39.0'Flint Creek Gauge Datum = 32.16SCADA Device #6807

43.00

43.50

44.00

44.50

45.00

45.50

46.00

46.50

47.00

47.50

48.00

48.50

49.00

49.50

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Lake Anne Parker


Lake Surface Area = 93 AcresLow Slab = 40.09'SCADA Device Number: 8491

55.0055.5056.0056.5057.0057.5058.0058.5059.0059.5060.0060.5061.0061.5062.0062.5063.0063.50

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Lake Hanna

Lake Surface Area = 29 AcresLow Slab 63 68'

56.0056.5057.0057.5058.0058.5059.0059.5060.0060.5061.0061.5062.0062.5063.0063.5064.00

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Lake Keene

Lake Surface Area = 31 AcresDaily Average ValuesLake Level Low Level Max. Desirable High Level 10 yr. Flood

Low Slab = 63.68'SCADA Device #7531 Lake Level Low Level Max. Desirable High Level 10 yr. Flood

SCADA Device Number 7631

61.50

62.00

62.50

63.00

63.50

64.00

64.50

65.00

65.50

66.00

66.50

67.00

67.50

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Lake Kell

Level Low Level Max. Desirable High Level 10 Yr. Flood

Lake Surface Area = 31 AcresLow Slab = 68.09'Structure Gauge Datum = 62.95'Lake Gauge Datum = 54.45' MSL

5353.5

5454.5

5555.5

5656.5

5757.5

5858.5

5959.5

6060.5

6161.5

6262.5

63

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Lake Stemper


Lake Surface Area = 58.32 AcresLow Slab = 63.70Lake Gauge Datum = 30.3 MSLSCADA Device # 2067

42.00

42.50

43.00

43.50

44.00

44.50

45.00

45.50

46.00

46.50

47.00

47.50

48.00

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Bay Lake

Lake Level Low Level Max. Desireable High Level 10 yr. Flood

Lake Surface area = 37 AcresLow Slab = 47.80'Structure Gauge Datum = Direct Read Lake auge Datum = Direct ReadSCADA Device Number = 1647

30.5031.0031.5032.0032.5033.0033.5034.0034.5035.0035.5036.0036.5037.0037.5038.0038.50

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Lake Carroll

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

L

Lake Surface Area = 188 AcresLow Slab = 39.50'Structure Gauge Datum = 31.86'Lake Gauge Datum = 30.0 MSL

35.0035.5036.0036.5037.0037.5038.0038.5039.0039.5040.0040.5041.0041.5042.0042.5043.0043.5044.0044.50

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Crescent Lake

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

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

34.5035.0035.5036.0036.5037.0037.5038.0038.5039.0039.5040.0040.5041.0041.5042.0042.50

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Lake Island Ford

WSE Low Level Max Desirable High Level 10 yr. Flood

Lake Surface Area = 96 AcresLow Slab = 42.64Structure Gauge Datum = 36.54'SCADA Device number = 1621

37

37.5

38

38.5

39

39.5

40

40.5

41

41.5

42

42.5

43

43.5

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Lake Keystone


Lake Surface Area = 388 AcresLow Slab = 43.53'Structure Gauge Datum = Direct ReadLake Gauge Datum = Direct Read

36.50

37.00

37.50

38.00

38.50

39.00

39.50

40.00

40.50

41.00

41.50

42.00

42.50

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Lakes Ellen and Lipsey

Lipsey WSE Lake Ellen Low Level Max. Desirable Min. Flood

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

g y Lipsey WSE Lake Ellen Low Level Max. Desirable Min. Flood

44.5

45

45.5

46

46.5

47

47.5

48

48.5

49

49.5

50

50.5

51

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Lake Magdalene

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

Lake Surface Area = 232 AcresLow Slab = 51.80'Structure Gauge Datum = 45.52Lake Gauge Datum = 30.0 MSL

39.5

40

40.5

41

41.5

42

42.5

43

43.5

44

44.5

45

45.5

46

46.5

47

47.5

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Lake Pretty


Lake Surface Area = 184 Acres(Pretty, Rock, Josephine combined)Low Slab = 47.10'Structure Gauge Datum = 40.00'

31.50

32.00

32.50

33.00

33.50

34.00

34.50

35.00

35.50

36.00

36.50

37.00

37.50

38.00

38.50

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Lake White Trout


Lake Surface Area = 75 AcresLow Slab = 39.41'Structure Gauge Datum = 33.38'Lake Gauge Datum = 19.98' MSL

125.5126

126.5127

127.5128

128.5129

129.5130

130.5131

131.5132

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Lake Lowery

Lake Level Low Level Max. Desirable High Level

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

g g

24.50

25.00

25.50

26.00

26.50

27.00

27.50

28.00

28.50

29.00

29.50

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Lake Rousseau


Lake Surface Area = 3657 AcresStructure Gauge Datum = 10.00SCADA Device Number 6137

137.5

138

138.5

139

139.5

140

140.5

141

141.5

142

142.5

143

143.5

144

144.5

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Lake Arietta (P-3)


Lake Surface Area = 758 AcresLake Gauge Datum = 100.00'SCADA Device Number 7431

31.0031.5032.0032.5033.0033.5034.0034.5035.0035.5036.0036.5037.0037.5038.0038.5039.0039.5040.0040.50

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Hernando Pool



31.5032.0032.5033.0033.5034.0034.5035.0035.5036.0036.5037.0037.5038.0038.5039.0039.5040.0040.5041.0041.5042.00

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Inverness Pool




35.0035.5036.0036.5037.0037.5038.0038.5039.0039.5040.0040.5041.0041.5042.0042.5043.00

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Leslie Heifner

Upstream Level Downsream Level Low Level Max.Desirable High Level

Lake Surface Area = 37 AcresLow Slab = 47.80'SCADA Device #6767 & #6766

30.0030.5031.0031.5032.0032.5033.0033.5034.0034.5035.0035.5036.0036.5037.0037.5038.0038.5039.0039.5040.0040.5041.0041.5042.0042.5043.0043.50

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Floral City Pool


Lake Surface Area = 9100 AcresLow Slab = 44.10'Structure Gauge Datum = Direct ReadLake Gauge Datum = Direct ReadSCADA #2007

119.00119.50120.00120.50121.00121.50122.00122.50123.00123.50124.00124.50125.00125.50126.00126.50127.00127.50128.00

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Lake Fannie (P-7)

Lake Level Low Level Max Desirable High Level 10 Yr Flood

Lake Surface Area = 833 AcresLow Slab = 127.60'Lake Gauge Datum = 120.36 MSLSCADA Device #2187

116.50117.00117.50118.00118.50119.00119.50120.00120.50121.00121.50122.00122.50123.00123.50124.00124.50

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Lake Hamilton (P-8)

Lake Level Low Level Max Desirable High Level 10 Yr Flood

Lake Surface Area = 2,640 AcresLake Gauge Datum = 115.00'SCADA Device Number = 1747

Lake Level Low Level Max. Desirable High Level 10 Yr. Flood Lake Level Low Level Max. Desirable High Level 10 Yr. Flood

94.5095.0095.5096.0096.5097.0097.5098.0098.5099.0099.50

100.00100.50101.00101.50102.00102.50103.00

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Lake Hancock (P-11)

Gauge at Structure Lake Level Low Level Max Desirable High Level 10 yr. Flood

Lake Surface Area = 4,541 AcresLake Gauge Datum = 92.78' MSLStructure Gauge Datum = 84.08'

121.00121.50122.00122.50123.00123.50124.00124.50125.00125.50126.00126.50127.00127.50128.00

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Lake Henry (P-5)

Lake Level Low Level Max. Desirable High Level 10 Yr. Flood

Lake Surface Area = 861 AcresStructure Gauge Datum = 100.00' MSLS.R. Gauge Datum = 120.00' MSLSCADA Device Number 1807

132.00

132.50

133.00

133.50

134.00

134.50

135.00

135.50

136.00

136.50

137.00

137.50

138.00

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Lake Lena (P-1)

Lake Level Low Level Max Desirable High Level 10 yr Flood

Lake Surface Area = 207 AcresLake Gauge Datum = 132.12SCADA Device Number 7451

72.00

72.50

73.00

73.50

74.00

74.50

75.00

75.50

76.00

76.50

77.00

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Lake June-in-Winter (G-90)


Lake Surface Area = 3,504 AcresStructure Gauge Datum = Direct ReadLake Gauge Datum = 65.38 MSLSCADA Device Number=6136Lake Level Low Level Max. Desirable High Level 10 yr. Flood g y SCADA Device Number 6136

126.5127

127.5128

128.5129

129.5130

130.5131

131.5132

132.5133

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Lake Parker


Lake Surface Area = 2,272 AcresLake Gauge Datum = 100.00'SCADA Device Number 7721

123123.5

124124.5

125125.5

126126.5

127127.5

128128.5

129129.5

130130.5

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Lake Smart (P-6)

Lake Level Low Level Max. Desirable High Level 10 Yr. Flood

Lake Surface Area = 1,820 AcresLow Slab = 131.43'Lake Gauge Datum = 120.00' MSL

1.502.002.503.003.504.004.505.005.506.006.507.007.508.008.509.00

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Sawgrass Lake

Lake Level Low Level High Level

Lake Surface Area = 21 AcresLow Slab = N/ALake Gauge Datum = Direct ReadSCADA Device Number 7611

3636.5

3737.5

3838.5

3939.5

4040.5

4141.5

4242.5

4343.5

4444.5

4545.5

4646.5

47

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Lake Armistead


Lake Surface Area = 35 AcresLow Slab = 45.72'Lake Gauge Datum = Direct ReadSCADA Device Number 7671

124.5

125

125.5

126

126.5

127

127.5

128

128.5

129

129.5

130

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Lake Haines


Lake Surface Area = 716 AcresLow Slab = 131.61'Lake Gauge Datum = 100.00'SCADA Device Number 7571

57.057.558.058.559.059.560.060.561.061.562.062.563.063.564.064.565.065.5

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Medard

Water Level Low Level Max. Desirable High Level 10 Yr. Flood

31.0031.5032.0032.5033.0033.5034.0034.5035.0035.5036.0036.5037.0037.5038.0038.5039.0039.5040.0040.5041.0041.5042.0042.5043.0043.50

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Weekly Average Values

Lake Consuella

Water Level Low Level Max. Desirable High Level 10 yr. Flood

Lake Surface Area = 37 AcresLow Slab = 47.80'Structure Gauge Datum = Direct Read

3333.5

3434.5

3535.5

3636.5

3737.5

3838.5

3939.5

4040.5

4141.5

4242.5

4343.5

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Weekly Average Values

Lake Bradley


Lake Surface Area = 590 AcresLow Slab = 44.38'


Item 52


Routine Report

Watershed Management Program and Federal Emergency Management Agency Map Modernization Status Report

District staff continues to work on various steps of the District’s Watershed Management Program and Federal Emergency Management Agency Map Modernization. Attached for the Board’s information is the current schedule that identifies the status of each watershed for the topographic information, watershed evaluation, watershed management plan, and Flood Insurance Rate Maps (FIRMs). The list also indicates whether the updated FIRMs will be a redelineation of the existing FIRMs or based on a detailed study.



Presenter: Mark Hammond, Director, Resource Projects Department

Year County WatershedTopographicInformation

Watershed Model Public Meetings

Present to Board

SubmitPreliminary DFIRMs to

FEMA2008

HernandoBlue Sink complete complete complete complete Apr 2009Bystre Lake complete complete May 2009 Jun 2009 Aug 2009Centralia complete Apr 2009 May 2009 Jun 2009 Aug 2009Chassahowitzka River complete complete complete Jun 2009 Aug 2009Crews Lake Outlet complete Apr 2009 May 2009 Jun 2009 Aug 2009Croom complete complete complete complete Apr 2009Little Withlacoochee complete complete complete complete Apr 2009Lizzie Hart Sink complete complete complete complete Apr 2009McKethan complete complete complete Apr 2009 Jun 2009Oman Quarry/Indian Creek complete complete complete complete Apr 2009Peck Sink complete May 2009 Jun 2009 Jul 2009 Aug 2009Powell complete complete complete complete Apr 2009Spring Hill Lakes/Aripeka complete complete complete Apr 2009 Jun 2009Squirrel Prairie complete Apr 2009 May 2009 Jun 2009 Aug 2009Toachodka complete complete complete Mar 2009 May 2009Tooke complete complete complete Apr 2009 Jun 2009Weeki Wachee Prairie complete complete complete Jun 2009 Aug 2009Willow Sink complete May 2009 Jun 2009 Jul 2009 Aug 2009Wiscon complete complete complete May 2009 Aug 2009Withlacoochee River complete complete complete complete Apr 2009

PascoHammock Creek complete Apr 2009 Jul 2009 Aug 2009 Jan 2010Bear Creek complete Apr 2009 Sep 2009 Jan 2010 Jun 2010Pithlachascottee River complete Apr 2009 Sep 2009 Jan 2010 Jun 2010Upper Pithlachascottee complete Apr 2009 Sep 2009 Jan 2010 Jun 2010Anclote - E. of Suncoast complete complete complete Jul 2009 Nov 2009Squirrel Prairie complete Apr 2009 Sep 2009 Jan 2010 Jun 2010Cypress Creek complete complete complete Jul 2009 Nov 2009South Lakes complete complete complete Jul 2009 Nov 2009Upper E. Cypress Creek complete complete complete Jul 2009 Nov 2009East Zephyrhills complete complete complete May 2009 Sep 2009Lake Zephyr complete complete complete May 2009 Sep 2009Trout Creek complete complete complete Jul 2009 Nov 2009

SarasotaIsland Of Venice complete May 2009 Jun 2009 Aug 2009 Sep 2009Whitaker Bayou complete May 2009 Jun 2009 Aug 2009 Sep 2009Hudson Bayou complete May 2009 Jun 2009 Aug 2009 Sep 2009Curry Creek complete May 2009 Jun 2009 Aug 2009 Sep 2009Hatchett Creek complete May 2009 Jun 2009 Aug 2009 Sep 2009Alligator Creek complete May 2009 Jun 2009 Aug 2009 Sep 2009Big Slough - Northport complete Jun 2009 Jul 2009 Sep 2009 Oct 2009

TBD - To be determined.

Note: The LiDAR topographic information for Sarasota County is delayed. Staff are meeting with Sarasota County on March 17, 2008to update schedule. FEMA will start their formal appeals period for adoption after the District submits the preliminary DFIRMS to FEMA.

April 2009Exhibit – Watershed Management Program and FEMA Map Modernization Schedule

Year County WatershedTopographicInformation

Watershed Model Public Meetings

Present to Board

SubmitPreliminary DFIRMs to

FEMA2009

PolkGator Creek complete Apr 2009 May - Jun 2009 Aug 2009 Oct 2009Saddle Creek complete Apr 2009 May - Jun 2009 Aug 2009 Oct 2009Itchepackesassa Creek complete Apr 2009 May - Jun 2009 Aug 2009 Oct 2009Christina complete complete Apr - May 2009 Aug 2009 Oct 2009Peace CreekCanal complete Apr 2009 May - Jun 2009 Aug 2009 Oct 2009Polk City complete Apr 2009 May - Jun 2009 Aug 2009 Oct 2009

DeSotoThornton Branch complete Jun 2009 Jul 2009 Aug 2009 Sep 2009Deep Creek Gully complete Jun 2009 Jul 2009 Aug 2009 Sep 2009

HardeeCity of Wauchula complete May 2009 Jun 2009 Jul 2009 Sep 2009Horse Creek complete Jun 2009 Jul 2009 Aug 2009 Sep 2009Alligator Branch complete Jun 2009 Jul 2009 Aug 2009 Sep 2009Thompson Branch complete May 2009 Jun 2009 Jul 2009 Sep 2009

HighlandsCarter Creek complete Nov 2009 Jan 2010 Feb 2010 Sep 2010Avon Park complete Nov 2009 Jan 2010 Feb 2010 Sep 2010Sebring complete Nov 2009 Jan 2010 Feb 2010 Sep 2010

CitrusWithlacoochee River complete Jun 2009 Sep 2009 Nov 2009 Dec 2009Crystal River complete May 2009 Sep 2009 Nov 2009 Dec 2009Tsala Apopka Outlet complete Jun 2009 Sep 2009 Nov 2009 Dec 2009Shinn Ditch complete Jun 2009 Sep 2009 Nov 2009 Dec 2009Homosassa South Fork complete Sep 2009 Sep 2009 Nov 2009 Dec 2009Leslie Heifner Canal complete Jun 2009 Sep 2009 Nov 2009 Dec 2009Cardinal Lane complete Sep 2009 Sep 2009 Nov 2009 Dec 2009Lake Bradley complete Jun 2009 Sep 2009 Nov 2009 Dec 2009Floral City complete Jun 2009 Sep 2009 Nov 2009 Dec 2009Inverness complete Jun 2009 Sep 2009 Nov 2009 Dec 2009Center Ridge complete Aug 2009 Sep 2009 Nov 2009 Dec 2009Homosassa River - South complete Sep 2009 Sep 2009 Nov 2009 Dec 2009Homosassa River - North complete Sep 2009 Sep 2009 Nov 2009 Dec 2009

SumterBig Prairie complete TBD TBD TBD TBDBushnell complete TBD TBD TBD TBDGant Lake complete TBD TBD TBD TBDJumper Creek Canal complete TBD TBD TBD TBDWebster complete complete TBD TBD TBD

TBD - To be determined.

Note: FEMA will start their formal appeals period for adoption after the District submits the preliminary DFIRMS to FEMA.

Exhibit – Watershed Management Program and FEMA Map Modernization ScheduleApril 2009

Item 53


Routine Report

Significant Water Supply and Resource Development ProjectsThis report provides information on significant Resource Management projects and programs in which the Governing Board is participating in funding. The report provides a short status of significant activities associated with the project that have recently occurred or are about to happen. For greater detail, refer to the Project Notes write-ups or request information directlyfrom the project managers.

Lake Hancock Lake Level Modification Project The District received the Conceptual Environmental Resource Permit (CERP) from the Florida Department of Environmental Protection (FDEP) in June 2007 for the Lake Hancock Lake Level Modification Project (Project) with an operating level of up to 100 feet. In September 2007, the Governing Board authorized staff to implement the Project (final design, permitting, and construction) for a lake operating level of 100.0 feet National Geodetic Vertical Datum (NGVD); adopted the Resolution Authorizing Proceedings in Eminent Domain, including a Declaration of Taking; amended the 2007 Update to the Florida Forever Work Plan to include all lands identified as necessary for the Project and designated $41 million in Florida Forever Trust Funds for the Project; and designated and encumbered $79 million in General Fund Water Supply and Resource Development Reserves for the Project. District staff continues to coordinate with affected property owners or their legal counsel. Seventy-three parcels (7,256 acres) were identified as necessary to acquire in fee, or a lesser interest, in order for the project to go forward. At the September 2007 Governing Board meeting, the Board instructed staff to exhaust all negotiations prior to filing eminent domain proceedings. The legal description accompanying the resolution authorizing proceedings in eminent domain was based on geographic boundaries delineated by a model, and therefore would require detailed survey work and ground-truthing for negotiations. The survey work and appraisals required for a public works project, such as the Lake Level Modification Project, are some of the most important components of the due diligence process; and depending on the complexity of the parcels/project, they can be some of the most time consuming components. In the case of the Lake Level Modification Project, which will inundate all or portions of parcels permanently or temporarily, a simple boundary survey of a parcel is inadequate. Whether acquiring a parcel in fee or acquiring an easement over a portion or all of a parcel, it is necessary for the District, the owner, the owner's representative, and the appraisers to understand on the ground the pre- andpost-effects the project will have on the parcel, including the improvements (house, pool, outbuildings, septic systems, wells, landscaping, etc.). Thus the surveys and the appraisals for the Lake Level Modification Project have been more complex and time consuming than that which are required in the District's traditional voluntary conservation acquisition program. New Activities Since Last Meeting: The District's consultant, BCI Engineers and Scientists, Inc., completed the Wetland Monitoring Program and the design for the Water Wood/Riverlake stormwater pond mitigation. The Riverlake Environmental Resource Application is currently being reviewed by the Homeowners Association. The CERP requires construction to begin by June 2009. Staff anticipates that the necessary agreements with the Riverlake Homeowners Association and permitting will not be finalized in time to start construction before the June 2009 deadline; therefore, a time extension is being requested. The District's consultant, DMK Associates, Inc., submitted the conceptual design report for the replacement P-11 Lake Hancock outfall structure on March 20, 2009. District staff and the consultant met on April 1, 2009, to discuss the conceptual design. District staff prepared a draft Memorandum of Agreement (MOA) with the City of Lakeland and met with the City on March 5, 2009, to discuss the MOA and mitigation at the City’s cemetery. District staff and its consultant met with the Parkway Authority on February 19, 2009, to discuss the mitigation process for the Polk County Parkway stormwater infrastructure that could be potentially affected by the Lake Level Modification Project. Acquisition status: Of the 73 parcels necessary for the project,

Item 5339 parcels, containing 7,884 acres (including 23 homes), have been acquired through the voluntary acquisition process. The remaining acquisitions include a total of 34 parcels containing 403.32 acres. These 34 parcels are comprised of nine fee acquisition parcels (ninehomes) and 25 partial easement acquisitions. District staff has made offers on all fee acquisitions, 26 of the partial easements, and are continuing the necessary and complex due diligence in order to complete offers on the remaining partial easement. The acquisition of one easement was negotiated and presented to the Governing Board; however, the closing has been delayed because of difficulty in obtaining mortgage subordination. Staff brought and amended the eminent domain resolution to the Governing Board in October. All of the remaining fee simple acquisitions, including those with single-family residences, have been given to the District's special counsel who will proceed with offers that will be made in accordance with Florida Statutes before initiation of litigation. A notice of proposed change was submitted for the Old Florida Plantation Development of Regional Impacts (DRI). The submittal was necessary to maintain the DRI requirements until completion of the Lake Hancock Project. Since the last report, the District, through mediation, has settled one residence and one vacant lot. Additional property owner negotiations were successful for the settlement of two additional residences and one easement. The closings for these parcels are expected to occur in April. Project Managers: Scott Letasi/Steve Blaschka

Lake Hancock Outfall Treatment ProjectAt the February 2006 Governing Board meeting, the Board approved the staff recommendation to adopt a 27 percent nitrogen load reduction goal and to utilize wetlands as the primary treatment component. The District's consultant (Parsons) has completed constructability and the initial geotechnical testing at the proposed location of the treatment wetlands and a Basis of Design Report (BODR). The BODR establishes the objectives, data, and assumptions that form the foundation of design (configuration of wetland cells and infrastructure). The current phase includes design, permitting, and additional geotechnical evaluation. The District conducted a plant establishment study to evaluate wetland construction methods, different types of wetland plants, exotic plant control techniques, and water quality trends. Other tasks include habitat enhancement on adjacent, District-owned parcels. The objective of habitat enhancement is to maintain a vegetated corridor along South Saddle Creek for migratory birds. New Activities Since Last Meeting: A design review meeting was held on March 12, 2009, to discuss comments to the 60 percent design plans and technical specifications. The consultant is currently preparing the Environmental Resource Permit application for submittal to the Florida Department of Environmental Protection (FDEP). The next phase is the 90 percent design.The consultant is developing the scope and budget to complete design and to perform construction inspection services. An amendment is being processed to add funds for these services. Coordination with the P-11 Structure design team and District Operations staff continued. In addition to the wetland design, the consultant prepared the habitat enhancement concept plan for the vegetated corridor along South Saddle Creek. Project Manager:Janie Hagberg

Pilot Testing Of Biological Treatment SystemsAt the February 2006 Governing Board meeting, following the vote on the Lake Hancock Outfall Treatment Project, the Board directed staff to initiate a project for pilot testing of biological water treatment systems. At the May 2006 Governing Board meeting, the Board authorized staff to proceed with the pilot testing of biological water treatment systems and to hire a consultant to assist the District in the pilot testing project. CH2M Hill, Inc., was hired as project consultant and has completed a detailed literature review of periphyton-based biological water treatment systems, an evaluation of potential pilot test sites, project work plan, and project delivery method document. The consultant also assisted in developing a Scope of Work for the Request for Proposal (RFP). The RFP included two alternatives on which vendors bid: (1) study an existing system, and (2) construct a small pilot system. The District felt this approach provided the most cost efficient means of meeting project objectives while also providing vendors some flexibility in ways they can demonstrate the effectiveness of their systems. Proposals were received from two vendors (Genesis Group, LLC, and Hydromentia, Inc.) and were evaluated by the consultant. At its February 2008 meeting, the Governing Board: (1) authorized staff to negotiate an agreement with Hydromentia, Inc., for an enhanced study of their full-scale Taylor

Item 53Creek facility in the South Florida Water Management District (SFWMD) for an amount not to exceed $400,000, and authorized the Executive Director to sign the agreement; and(2) authorized District staff to negotiate an amendment to the agreement with CH2M Hill, Inc., for an amount not to exceed $300,000 to provide an independent evaluation of Hydromentia's Taylor Creek facility, and authorized the Executive Director to execute the amendment. A Notice of Award was posted on March 17, 2008, indicating the District's intention to award the contract to Hydromentia, Inc. During preliminary contract negotiations Hydromentia informed the District that the Taylor Creek facility was experiencing treatment performance related issued and recommended the District not proceed with the current proposed study until these issues are addressed in order to get an accurate assessment of the technology. Hydromentia is working with SFWMD, University of Florida, Florida Department of Agriculture Pesticide Laboratory, and scientists from Petro Algae, LLC, and AquaScience Labs to determine the causes of lower than expected algal production and nutrient removal. Their investigation is focusing on potential inhibitory compounds that retard algal growth. District staff has been tracking Hydromentia’s progress on a monthly basis. On March 2, 2009, District staff met with Hydromentia to discuss options for moving forward with the project. Hydromentia discussed two possibilities: (1) proceed with the current Governing Board-authorized option of evaluating the full-scale Taylor Creek facility, doing so after algal growth issues have been resolved; or(2) constructing a pilot-scale facility on District-owned property, a change that would require authorization by the Governing Board. District staff indicated that the study of a full-scale facility such as Taylor Creek offers the District distinct advantages over a pilot facility because it allows detailed examination of both the cost of nutrient removal and scale-up issues associated with the transition of the technology from pilot to full-scale. Hydromentia reported that progress has been made in the identification of growth inhibitors in source water for the Taylor Creek facility, but that the timeline for resolving the problem was still unknown. New Activities Since Last Meeting: District staff and Hydromentia have agreed to temporarily postpone the evaluation of the Taylor Creek facility until the algal growth issues are resolved. Project Manager:Gary Williams

Peace Creek WatershedIn 2005, the Governing Board and Peace River Basin Board agreed to take on the responsibility to maintain and, where possible, improve the water conveyance/storage capabilities of the Peace Creek Canal. One of the primary tasks includes identification of property ownership in order for the District to obtain the necessary easements over the system. The work directly related to the Peace Creek Canal is part of the larger District effort, which started years earlier with watershed modeling, expanded in 2005; and will develop a watershed management plan that evaluates approximately 13,000 acres of lakes and 13,000 acres of wetland areas for potential surface water storage systems within the Peace Creek Watershed. Two temporary employees were hired for the District Operations Department to assist with the maintenance activities in the canal. Construction on twelve sediment removal sites has been completed to date as well as two culvert replacements. New Activities Since Last Meeting: District staff performed aquatic weed control activities within the canal that involved mowing along the side banks, followed by chemical spraying. In some areas, the vegetation in the canal is being physically removed with District equipment. Construction is to commence on three sediment removal sites in April 2009. Staff is coordinating with the City of Winter Haven and Polk County to review land use changes and right-of-way use needs for future maintenance. The District's consultant submitted the model required to update the Digital Flood Insurance Rate Maps (DFIRMs) and complete the Watershed Management Plan and is currently under review by staff. Project Manager: Shelley Thornton

Watershed Management Program/Federal Emergency Management Agency Map Modernization The District initiated a partnership with the Federal Emergency Management Agency (FEMA) to modernize Flood Insurance Rate Maps (FIRMs) as part of its Watershed Management Program (WMP). Flood protection and floodplain information has been a priority at the District since the inception of the organization, and that priority was renewed following the El Niño weather event in 1997-1998. In addition to studies conducted by the District (primarily through the Basin Boards) and others, information on floodplains (elevations) is available through the FEMA

Item 53FIRMs. However, many of the existing maps do not accurately represent the flood-prone areas, either because the initial studies were technically limited or the maps are outdated due to significant land use changes since completion. To improve the floodplain information, develop regional scale flood routing models for alternative analysis, and improve local government's understanding of their flood protection level of service, the District reached out to local governments and initiated the WMP in the late '90s. Additionally, the District and FEMA executed a Cooperating Technical Partners (CTP) Memorandum of Agreement on September 14, 2001, to formalize the relationship and to improve the existing FIRMs to better identify risks of flooding within the District. As a CTP, the District is eligible for federal funds to act as FEMA's partner in modernization of the FIRMs. Federal funds have allowed the District and local governments to accomplish significantly more than would have otherwise been possible. To date, the District has received approximately $11.2 million in federal funds from FEMA for countywide map modernization projects for Pasco, Sarasota, Hernando, Marion, Polk, Hardee, Desoto, Citrus, Sumter, Levy, and Highlands counties. An additional $0.9 million is expected in future fiscal years for countywide map modernization projects for Manatee County. The Map Modernization Program also includes federal funding for management support. For FY2004 through FY2008, the District received $782,860 and could receive an additional $350,000 through FY2012. FEMA began FIRM updates for Hillsborough and Marion counties before the District became a CTP. FEMA issued their letter of determination finalizing the FIRMs for Hillsborough and Marion counties and the FIRMs became effective on August 28, 2008. New Activities Since Last Meeting: The District’s consultants are focusing on watershed models in Hernando, Pasco, and Sarasota counties to address all errors and omissions, and to update the watershed models to account for infiltration and incorporate the latest topographic and other watershed information (to the extent practicable) into the models. District, local government staff, and the District's consultants continue to coordinate on project issues, responses to peer review, and schedules for public meetings and Governing Board approval. Public meetings held throughout March in Pasco County include: Anclote River watershed - 4,424 notices sent, 163 people attended, 70 contacts via email or phone; Cypress Creek watershed (first meeting) - 6,019 notices sent, 218 people attended, 127 contacts via email or phone; Trout Creek watershed - 3,365 notices sent, 165 people attended, 76 contacts via email or phone; Chassahowitzka and Weeki Wachee Prairie watersheds in Hernando County - 1,241 notices sent, 25 people attended, 17 contacts via email or phone. Due to the size of the Cypress Creek watershed, a second meeting was held on April 2. Attendance information for that meeting will be provided in the May Routine Report. The 2007 Light Detection and Ranging (LiDAR) topographic information for Sarasota County is being reviewed.District staff continues to make progress on Polk, Hardee, Desoto, Citrus, Sumter, Levy, and Highlands county projects. Project Manager: Gordon McClung

Myakka River Watershed InitiativeThe Myakka River Watershed Initiative is a comprehensive project that will illustrate the effects of land use conversions and alterations, and evaluate best management practices (BMPs) for restoration alternatives. The objective of this initiative is to restore water quality, natural system, and floodplain impacts in the watershed in ways that can also provide a benefit to watersupplies in the Southern Water Use Caution Area (SWUCA). In February 2006, the Governing Board allocated $500,000 to hire a consultant team to perform elements of the Watershed Management Program and for the collection of topographic information in eastern Manatee County using LiDAR mapping technologies. An agreement with the Singhofen & Associates consultant team was executed in December 2006 and a kick-off meeting was held with District staff. The consultant team and staff held several outreach meetings to discuss the project in detail and solicit stakeholder input on issues and available sources of data. The water budget model was completed and used to compare existing and historic conditions to determine the amount of excess water in the Upper Myakka River Watershed. This information was also provided to the Authority for use in their water supply planning. The draft peer review document on the Upper Myakka Water Budget model was received in July 2008 and the consultant finalized responses and revisions to the document. A work order for the consultant to evaluateflow reductions to Flatford Swamp and the corresponding changes in the hydroperiod of the swamp was approved September 9, 2008. A project status update was given to FDEP's Myakka River Management Coordinating Council (MRMCC) on September 12, 2008. The

Item 53Upper Myakka Watershed Water Budget Model Development and Calibration Final Report have been completed. The team presented an update to the Myakka Conservancy Council on March 25, 2009. New Activities Since Last Meeting: The consultant team continues to evaluate removal scenarios of excess water from Flatford Swamp and screening for potential uses. Recommendations on these alternatives are anticipated in May 2009. Initial sampling for renewed water quality monitoring was performed the end of March 2009. Project Manager: Lisann Morris

Tampa Bay Water• System Configuration II Project: The Governing Board approved the agreement with

Tampa Bay Water (TBW) for the System Configuration II Project at its February 2007 meetingand the cooperative agreement was executed May 1, 2007. The project, when completed in 2011, is expected to provide up to 25 million gallons per day (mgd) of alternative water to the regional system. The estimated total project cost is $254,971,221, with the District committing to half of eligible costs of $232,000,000, which is $116,000,000. The project seeks to increase TBW's overall system capacity by drawing more water from the Hillsborough River during high flows via the Tampa Bypass Canal (TBC), in combination with increasing the allowable percentage of withdrawals from the TBC. The project components are primarily associated with the construction of improvements to the regional systems treatment, transmission, and storage infrastructure. Specifically, this project includes six downstream enhancements and four system interconnects that will allow TBW to deliver the new water supply to their member governments. The Surface Water Treatment Plant (SWTP) Expansion, TBC Pump Station Expansion, TBW Regional High Service Pump Station Expansion, SWTP Repump Station Expansion, South Central Hillsborough Intertie Booster Pumping Station (SCHI), and Offstream Reservoir Pump Station are all project components that contribute to the downstream enhancements. The South Central Hillsborough Infrastructure Project (SCHIP) Phases 1B and II, Northwest Hillsborough Pipeline, Morris Bridge Booster Station Expansion, and Cypress Creek Pump Station Expansion are part of the system interconnects. In June 2007, TBW received approval of its Water Use Permit. Completed project activities include the construction of Phase 1B of the SCHIP component on January 31, 2008. The purpose of Phase 1B is to provide potable water from the regional surface water treatment plant to TBW's Brandon/South Central Hillsborough service area and add yard piping improvements at the Lithia Water Treatment Plant. New Activities Since Last Meeting: Overall, the System Configuration II project is 27 percent complete and running on schedule for its 2011 completion date. Design is complete for all but one of the ten project components. All project components will be in construction or the pre-construction phase by May 2009.

SWTP Expansion: The SWTP currently treats surface water from the Alafia and Hillsborough River and the TBC. Once the expansion is complete, the plant’s capacity will be increased from 66 mgd to a minimum of 99 mgd. Ongoing construction activities include concrete work on the slabs and walls of the Chlorine Contact Chamber, Clearwells 3 and 4, and the Ozone Contact Chamber. Installation of filter water piping below the Filter Gallery continues. Completed activities on the SWTP include tie-ins to existing filtered water and backwash return piping.

TBC Pump Station Expansion: The TBC Pump Station pumps water from the lower and middle pools to the SWTP. The expansion of this pump station will increase the capacity of the station from 138 mgd to 200 mgd. Ongoing construction activities include pump can excavation and dewatering, installation of a 14-inch pre-stressed pile template at the lower pool, installation of power poles, concrete pours for duct banks, and installation of storm drains and electrical manholes.

TBW Regional High Service Pump Station Expansion: The purpose of the Regional High Service Pump Station is to pump treated water into the Regional Transmission System. The Regional High Service Pump Station Expansion will increase the pump station capacity from 130 mgd to 180 mgd. Current construction activities at the High Service Pump Station Expansion site include the installation of electrical conduit at the Chemical Building and between Clearwells 1 and 2. Other activities at the Chemical Building include the placing of rebar, the placing and compacting of base rock, and the construction of slab forms for the footers. Additionally, the generator slab base is being backfilled and graded.

Item 53SWTP Repump Station Expansion: The function of the Repump Station is to pump raw water

from the Regional Facilities site to the SCHI Booster Pumping Station/C.W. Bill Young Regional Reservoir. The expansion of the SWTP Repump Station will increase the capacity from 130 mgd to 180 mgd. Current activities at the Repump Station are the pouring of the base concrete slab for the pump can.

SCHI Booster Pumping Station: The purpose of the SCHI Booster Pumping Station is to pump water from the Repump Station to the C.W. Bill Young Regional Reservoir. The design of the SCHI Booster Pumping Station expansion has recently been completed and construction is scheduled to begin in July 2009.

Off-stream Reservoir Pump Station: The Off-stream Reservoir Pump Station pumps water from the reservoir to the SWTP. Design for this project component is complete and is scheduled to begin construction in July 2009.

Phase II of the SCHIP: Phase II of the SCHIP will add disinfection facilities at Well Sites 5 and 7, raw water collection pipelines at the Brandon wells, and convert the Brandon and Brandon South-Central Connection pipelines to potable water supply. Construction is nearing completion on Phase II of the SCHIP. Well Site 7, Well Site 5, and the pipeline portion of the project were substantially completed as of January 2009. Punch list items are the remaining tasks on this project component.

Northwest Hillsborough Pipeline: The Northwest Hillsborough Pipeline adds infrastructure improvements to the Regional Facilities that provide a regional interconnect with the Northwest Hillsborough Regional Wellfield. The Northwest Hillsborough Pipeline will be in the design phase until March 2009.

Morris Bridge Booster Station Expansion: The design phase of the Morris Bridge Booster Station Expansion, which will add pumping capacity improvements, has been completed, andconstruction is scheduled to begin in May 2009.

Cypress Creek Pump Station Expansion: The Cypress Creek Pump Station Expansion,which will add pumping capacity improvements, has completed the design phase and is scheduled to begin construction in May 2009. Project Manager: Audrie Goodwin

• Tampa Bay Seawater Desalination Plant: As outlined in the agreement between the District and Tampa Bay Water (TBW) for the seawater desalination facility, 25 percent ($21.25 million) of the $85 million being held by the District is payable upon acceptance of the facility by TBW. Of the remaining 75 percent, 25 percent will be provided to TBW when the plant is operated at a rate of 25 mgd for four consecutive months and the remaining50 percent ($42.5 million) when the plant operates at an annual average of 12.5 mgd for12 consecutive months. In addition, TBW will receive the interest accrued on the$85 million, since January 2006, when the plant operates at 20 mgd for 12 consecutive months beginning after the first year of operation and completed no later than December 31, 2010. Following American Water Pridesa's (AWP) completion of the required run-in periodand acceptance test, AWP submitted an acceptance test report to TBW on November 27, 2007. After certification of the test results, TBW accepted the facility on December 26, 2007, which is considered the in-service date. The District processed the first 25 percent payment in the amount of $21,250,000 on January 24, 2008. On December 26, 2008, TBW achieved 12 consecutive months of production following plant acceptance, at an average rate of over 12.5 mgd. This production milestone enabled payment of an additional $42.5 million that was transmitted to TBW on December 29, 2008. Total project payment made to TBW to date is now $63.75 million of the $85 million allocated. New Activities Since Last Meeting: TBW's Tampa Bay Seawater Desalination Plant produced an average of 19.5 mgd over the past year. The plant produced an average of 14.89 mgd in March 2009. Repair of the reverse osmosis transformer that failed on February 9 is expected to be complete bymid-April 2009. TBW is also having a spare transformer manufactured for future backup purposes. Mechanical seals are also being repaired on the reverse osmosis vertical turbine transfer pumps which is hindering plant production. It is expected that said plant repairs will be complete and plant will be operational at 25 mgd by May 1, 2009. Please refer to the Water Production Supply Summary Routine Report, under the Regulation Committee tab, for additional historic pumpage information at the desalination facility. Project Manager:Ken Herd

Item 53Peace River/Manasota Regional Water Supply Authority• Reservoir: Final design for the Regional Reservoir Expansion has been completed. In

June 2007, the Authority received three bids for the reservoir expansion. The low bid of $64,910,500 was 21 percent higher than the engineer's estimate. The Authority asked the District to provide additional funding for the increased costs and as a result the Peace River and Manasota Basin Boards and the Governing Board approved an additional $3,703,704 in 2008 funding and $7,812,582 in 2009 funding for the reservoir project. The Authority Board approved the reservoir construction contract and issued a notice to proceed. In addition, the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers issued the necessary permits to begin construction on the reservoir. New Activities Since Last Meeting: Reservoir construction is underway and considered to be 85 percent complete. The project appears to be on schedule for the March 2010 Final Completion of Construction deadline. In total, approximately 3.6 million yards of fill have been moved. Currently, the reservoir embankment is 99 percent complete. When complete, the entire embankment is designed to reach a height of 35 feet. All high density polyethylene (HDPE) liner has been installed and backfilled including the section over the inlet pipe. Installation of the soil cement is anticipated to be complete by the end of March 2009. Sodding is progressing and is 75 percent complete. The sod, which is sprayed with collected water from the dewatering process, is slightly stressed by drought conditions but appears to be growing normally. The installation of the stair-step portion of the embankment is complete except for areas surrounding the inlet pipe. Construction activities on the three-story outlet tower include the below-grade poured piles, of which five out of six lifts for the tower’s vertical wall are complete. The outlet tower is anticipated to be complete by April 2009. In addition to construction activities, ecological consultants are on site, as needed, for wildlife education, wildlife surveys, stormwater inspections, and silt fence inspections.

• Facility: Construction of the Facility Expansion Project will occur through three separate contracts. The first contract, completed in May 2007, focused on site preparation. The second contract is for construction of a maintenance building, dewatering facility, filters, storage tanks, thickeners, and chemical feed and disinfection stations. The third contract is for construction of an operations center. In February 2007, the Authority received one bid for Contract 2 for major components of the Facility Expansion. The bid was approximately$17 million over the original engineer's estimate of probable cost. Since receiving the bid, Authority staff and the contractor negotiated a revised project cost $14 million below the original bid price. The Authority's Board approved the revised cost and authorized staff to enter into an agreement with the contractor in April 2007. Even with the newly negotiated bid price, the overall revised project cost remained $19 million over the original project cost. The Authority requested additional funding as a result of the increased costs and an additional $3,756,693 in 2008 Water Protection and Sustainability Trust Funds and $8,205,398 in 2009 District funding were allocated to this project. New Activities Since Last Meeting:Construction continues on the facility and is considered 94 percent complete. The project appears to be on schedule for the March 2010 Final Completion of Construction deadline. A portion of the expanded facilities have been online since November 2008. The dewatering belt presses are installed and operation testing of the dewatering equipment is complete. During the March 4, 2009, PRMRWSA Board meeting, a change order was approved for approximately $3.5 million to add three, two-million-gallon storage tanks that had been deferred during the construction bidding process. The change order will double the finished water storage capacity at the facilities. Other project activities include addressing punch list items. Project Manager: Audrie Goodwin

• Regional Integrated Loop System Project: The Integrated Loop System Feasibility and Routing Study was authorized by the Authority in May 2005 and completed in June 2006. This study recommended four main phases to interconnect the water supply and distribution systems of the Authority members. The Phase 1 interconnect was designed to connect the Authority’s water supply from the Peace River WTP to the City of Punta Gorda’s Shell Creek WTP along a route following US-17. Design of the original Phase 1 route was completed in 2007, but the project was suspended in favor of an alternate route, Phase 1A, which will provide additional service to developed portions of Charlotte County near I-75. The Phase 1A pipeline is 12 miles long, has a design capacity of six mgd, and includes a sub-aqueous

Item 53crossing of the Peace River. A Cooperative Funding Agreement between the District and Authority for Phase 1A was executed in September 2008. The design of Phase 1A commenced in 2007 and construction is scheduled to begin in June 2009. Total cost for Phase 1A is estimated at $19,015,000. The District anticipates providing $12,007,500 toward the project, which includes $5,000,000 in West-Central Florida Water Restoration Action Plan (WRAP) funding. In November 2008, the original Phase 1 route was reconsidered by Authority members to service new developments east of US-17 and to create a rotational link to the Shell Creek Facility. A funding request for Phase 1 was submitted to the District for FY2010. The total estimated cost of construction is $11,500,000 and is scheduled to commence in 2010. The Regional Integrated Loop System Phase 2 interconnect, as recommended by the 2006 Routing Study, will run from the Peace River WTP through a connection with City of North Port’s WTP then branch westward to the Englewood Water District and northward to establish a rotational link with the Carlton WTP. Design of the initial Phase 2 segment began in August 2007, but was suspended in May 2008 as an alternate connection to North Port’s local system was investigated. The alternate connection lacked the desired capacity, so the Authority is reevaluating the first5.5 mile segment of the Phase 2 route. This portion of the route would deliver North Port’s allocated share of the Authority’s supply from the Peace River WTP. The Authority submitted a FY2010 funding request for Phase 2 in November 2008, which estimated the total cost of this first segment at $12,000,000. Preliminary engineering for Regional Integrated Loop System Phase 3 commenced on July 2007 was completed in March 2008. The first portion of this pipeline, Phase 3A, will extend the Authority’s existing regional transmission line that currently runs from the Shell Creek WTP to the Carlton WTP. Phase 3A will provide an additional water delivery point to Sarasota County and create a potential inter-tie to the City of Venice. A Cooperative Funding Agreement between the District and Authority was executed for Phase 3A on November 10, 2008. This project will install nine miles of 48-inch diameter pipeline with a design capacity of 37 mgd, and includes a sub-aqueous crossing of the Myakka River. Storage and ten mgd of pumping infrastructure at the Carlton WTP are also included. The total project cost is estimated at $42,570,000. The District’s share is 50 percent of the total cost. Construction is expected to commence by May 2009. The future expansion of Phase 3B northward would join long-term components of Phase 4 in Manatee County and would connect to the surface water treatment facility on Lake Manatee and a WTP on University Parkway. New Activities Since Last Meeting: The Authority’s consultant has commenced the conceptual permitting of the Regional Integrated Loop System in its entirety with FDEP and USACOE. In March 2009, the Sarasota Board of County Commissioners approved the Interlocal Agreement with the Authority for Phase 3A. For Phase 1A, project coordination is ongoing between the Authority, Charlotte County, and the City of Punta Gorda. Negotiations on a three-party Interlocal Agreement continue. Project Manager: John Ferguson

• Regional Water Supply Source Feasibility Study: The Regional Water Supply Source Feasibility Study will evaluate three alternative water supply sources: the Shell Creek, Cow Pen Slough/Dona Bay, and Upper Myakka River systems that were identified in the Authority’s Integrated Regional Water Supply Master Plan (IRWSMP) and Regional System Reliability Model (RSRM). The feasibility study contract was awarded to PBS&J inJuly 2007. The District entered into a cooperative funding agreement with the Authority for the feasibility study on September 18, 2007. The consultant team submitted the first deliverable on October 25, 2007, which summarized and inventoried existing data, relevant technical reports, and models. The Preliminary Alternatives Analysis was presented to the Authority Board at its December 2007 meeting. The analysis identified opportunities for water supply within the three major source areas. The project was anticipated to be completed in December 2008, but a decision on which projects to move forward into preliminary design may take until the first half of 2009. A draft Source Water Feasibility Report was completed in September 2008 and discussed at the TAC meeting held October 24. The draft report was presented to the Authority Board at its workshop on November 5, 2008. Projects have been identified in each source area as well as conjunctive use of ground water with the proposed surface water sources. The consultant is finalizing the draft report. The cooperative funding agreement with the Authority expires March 30, 2009. The Authority assured the District the work will be complete, but the decision-making process on which projects will move forward

Item 53into the next phase of design will continue until late Spring 2009. New Activities Since Last Meeting: The proposed recommendation, which is scheduled to be presented to the Authority Board for the next source, is three mgd from groundwater and re-permitting the Peace River facility to utilize the allowable revised flow quantity from the middle Peace River MFL. Partnerships are possible, for example, with Sarasota County, City of Venice, Desoto County, and City of Punta Gorda. The Authority is cooperatively developing a standardized Memorandum of Agreement for partnering in regional water supply projects. Once the Feasibility Study is complete, the next phase will be under H079 Regional Resource Development Phase 1. Project Manager: Lisann Morris

Aquifer Storage and Recovery – Arsenic ResearchThe District continues to take an active role in investigating methods for controlling the mobilization of arsenic occurring during Aquifer Storage and Recovery (ASR) activities. Beginning in 2008, the District initiated a pilot project with the City of Bradenton for the design, permitting, and construction of a degasification system to remove dissolved oxygen (DO) from water prior to injection and storage in the aquifer. The project is co-funded by the District, South Florida Water Management District (SFWMD), St. Johns River Water Management District (SJRWMD), the Peace River/Manasota Regional Water Supply Authority, and the City of Bradenton. The pilot project is being performed at the City of Bradenton's ASR site and capable of processing water at 700 gallons per minute (gpm) with 99.96 percent removal of DO. A final report documenting the effectiveness of DO removal will be prepared at the end of the project, which is expected in two years. In addition to the degasification project, the District is working with Polk County, SJRWMD, SFWMD, and the Florida Department of Environmental Protection (FDEP) to address permitting issues associated with arsenic mobilization. Construction of the degasification system was completed in June 2008 and the City’s staff was trained on operation of the equipment. The first full cycle test with de-oxygenated water began on December 2, 2008. On December 17, the system was shut down due to three pipe leaks and a membrane fouling problem, which required back flushing of the system. Repairs to the degasification system were made in January 2009, and the membrane fouling problem was corrected. The first results from the full-scale test will be obtained from water quality sampling during the recharge portion of the test and should be available in October 2009. Though preliminary results of the test might be available before October 2009, it will likely be the end of April 2010 when all the recovery data are available before an assessment of the pilot project can be made. New Activities Since Last Meeting: Due to the dry conditions, the City does not have adequate water available to continue the test at this time. The City prepared an Underground Injection Control permit letter modification to recover the six million gallons (mg) of degassed water in storage. Recovery of this water is scheduled to begin in early April and data should be available to make a preliminary assessment of the degasification system’s effectiveness in controlling arsenic mobilization by the end of May. However, because the test only involved the storage of six mg, the results may be difficult to effectively evaluate and draw clear conclusions. The first full-scale cycle test has been postponed until June or July 2009, depending on the availability of water. Project Manager: Don Ellison

Lower Hillsborough River MFL Recovery Strategy – ImplementationAt its August 2007 meeting, the Governing Board established the minimum flow for the Lower Hillsborough River (LHR) by adoption of amendments to Rule 40D-8.041(1), Florida Administrative Code (F.A.C.). As required by statute, if the actual flow of a water course is below the proposed minimum flow or is projected to fall below the proposed minimum flow over the next 20 years, a "recovery strategy" is developed as part of the minimum flow development process. In the case of the LHR, a recovery strategy was needed. The proposed recovery strategy was approved by the Governing Board at its August 2007 meeting and incorporated into Rule 40D-80.073(4), F.A.C. The recovery strategy includes a number of projects to divert water from various sources to help meet the minimum flow. Projects that are planned under the recovery strategy include diversions of water from Sulphur Springs, Blue Sink, the Tampa Bypass Canal (TBC), and Morris Bridge Sink. At its September 2007 meeting, the Board approved the transfer of $1,000,000 from reserves for installation of temporary pumping facilities on the TBC and at the dam on the LHR. Funds will go toward: (1) temporary pumping facilities, (2) consultant to provide more permanent pumping facilities, and

Item 53(3) consultant to look at the costs and design for moving water from the Morris Bridge Sink to the TBC. Temporary pumps to transfer water from the TBC to the LHR were in place by December 15, 2007, and the District began pumping 11 cubic feet per second (cfs) (7.1 mgd) to the reservoir from the TBC on December 31, 2007. Per the recovery strategy, 75 percent of the 11 cfs (8.2 cfs or 5.3 mgd) transferred to the reservoir is being pumped to the base of the dam. This amount of freshwater in combination with 10 cfs supplied from Sulphur Springs to the base of the dam by the City of Tampa indicates an actual minimum flow of 18.2 cfs (11.8 mgd) or 70 to 80 percent of the proposed minimum flow is now being supplied to the LHR depending on season. New Activities Since Last Meeting: Due to the lowered flows in the upper Hillsborough River, the District is continuing to move water from the lower pool of the TBC to the base of the dam to help meet the minimum flow for the LHR; and the City of Tampa is supplying water from Sulphur Springs to the base of the dam at the rate of 10 cfs. A hydrologic adjustment, however, is now in effect for the LHR MFL. Due to drought conditions, the amount of water supplied from the lower pool of the TBC to meet the MFL is reduced as a function of upstream flow as measured at the Zephyrhills gage on the upper Hillsborough River. Although the District is not obligated to fully implement the Morris Bridge Sink project until October 1, 2012, staff has expedited the necessary pump test for the project. The pump test at Morris Bridge Sink commenced on April 13 and will last thirty days until May 13. The District’s bid documents for the pump test were structured to allow Tampa Bay Water (TBW) to continue to use the installed pumping facilities for emergency water supply purposes once the District's pump test has been completed. All water pumped in connection with the District’s pump test will be discharged into the upper pool of the TBC where TBW can pump it across Structure S-159 Upper into the middle pool making it immediately available to augment the City of Tampa’s reservoir. The pump test will confirm the amount of water that can be pumped from Morris Bridge Sink without adversely affecting adjacent wetlands and private properties. District staff has collected water samples for private wells at several residences in the vicinity of the sink to establish baseline data prior to the commencement of pumping. A second pump test to determine the sustainable yield of water from Blue Sink to help meet the MFL for the LHR was completed on April 4, and a staff report will follow. The study report on the middle Hillsborough River was completed in mid-February and presented to the Temple Terrace River Watch Task Force on February 16, prior to the Governing Board presentation on February 24. At the request of the City of Temple Terrace, the District has agreed to delay rulemaking to clarify language in Chapter 40D-8 regarding the setting of MFLs on water supply reservoirs for 120 days. Project Managers: Marty Kelly/Mike Holtkamp

Polk County Comprehensive Water Supply PlanBased on the recent results from the Kissimmee River Water Supply Feasibility Study and limitation of future water sources from outside its boundaries, Polk County (County) requested the District participate in a more detailed analysis of available ground water and alternative water supplies within Polk County. The County request was approved by the Governing Board in January 2008, and the Alafia River and Peace River Basin Boards in February 2008 during their regularly scheduled meetings. The Polk County Comprehensive Water Supply Plan (PCCWSP) will identify viable potable water supply sources and conservation alternatives to meet the future potable and non-potable water demands of various public utility systems within Polk County. The process will include investigation of multiple water resources including conservation, reclaimed water, stormwater, surface water, and ground water. The PCCWSP will address the technical, economic, environmental, jurisdictional, and regulatory factors associated with development of these potential new sources. The water supply planning effort will first include identification, quantification, and confirmation of the types and amounts of new water supply that can be developed; and then address aligning the sources with prospective water supply partners. Most importantly, the PCCWSP will set forth immediate projects and strategies that materially provide new water supplies for targeted public utilities. The PCCWSP will outline a set of real, attainable, affordable, and significant water supply projects, regional in nature, to begin the transition of water supplies from traditional ground water to alternative sources. Recommendations will include project definitions, specific actions, production rates, schedules, project costs, and unit water costs (operation, maintenance, and debt service). The total estimated cost to complete the PCCWSP is $955,318 via a consulting services contract between the County and Reiss Environmental. The South Florida Water Management District

Item 53(SFWMD) has agreed to provide 10 percent of the total project cost, reducing the District's share to 40 percent, or $382,127. The funding agreement among the District, the County, and SFWMD was approved by the Polk County Board of County Commissioners (BOCC) onApril 23, 2008, and has been signed by all parties. The County and SFWMD are coordinating to investigate a potential wellfield in SE Polk County and a notice to proceed for construction of the test wells was issued on September 3, 2008. The County is also coordinating with the STOPR group and Tampa Bay Water (TBW) on potential sources from outside County boundaries. The STOPR group includes St. Cloud, Tohopekaliga Water Authority, Orange County, Osceola County, Polk County, and the Reedy Creek Improvement District. Polk County, STOPR, andSFWMD are currently investigating the potential for water supply from the Kissimmee Riverand/or Cypress Lakes wellfield. The County and TBW completed a Memorandum of Understanding (MOU) to aid in the implementation of future collaborative efforts which may include the Alafia River. TBW's Board approved the MOU on October 20, 2008, while the Polk County BOCC approved the MOU at its meeting on November 5, 2008. On October 30, 2008, County staff and their consultant presented the ranked project lists to the Polk County BOCC at a separate workshop. At that time County Manager, Mike Herr, informed the Board that the County was seeking concurrence on the short and long projects lists by the 17 cities and municipalities. To support this concurrence effort, District staff attended the City Commission meetings in Lakeland, Winter Haven, Polk City, Dundee, Auburndale, Mulberry, and Frostproof to show support for the plan. At the December 17, 2008, BOCC meeting, the Commission concurred with the short and long project lists and voted to continue investigations of short list projects. The District’s Draft Guidance Document on Land Use Transitions was completed and distributed to the County in January 2009. Technical Memorandums 1 and 2 were submitted to the District in December 2008. District staff reviewed and commented on the document. New Activities Since Last Meeting: This project is more than 75 percent complete and is on schedule to meet the May 2009 deadline for completion of Task 5.0. District staff is currently visiting municipalities throughout Polk County to discuss conservation efforts and clarify demand projections. Technical Memorandums for Tasks 2 and 3, which incorporated staff’s January 2009 comments, were redistributed to the District for a second review. Additionally, the Conservation Analysis and Task 4 Technical Memorandum were distributed to District staff mid-March for review and comment. Other ongoing District staff activities include monitoring the coring progress of the Southeast Wellfield, a potential source on the short list. A draft Technical Memorandum for Task 5 is anticipated to be submitted to the District by mid-April. Project Manager: Audrie Goodwin

Regional Reclaimed Water Partnership Initiative• Reuse Project: The project is a traditional reclaimed water supply project consisting of

transmission pipelines and storage to provide reclaimed water to industrial users from one or more domestic wastewater treatment facilities. The primary customer is the Tampa Electric Company (TECO). Phase I of the project will use 5.2 million gallons per day (mgd) of reclaimed water from the City of Lakeland for the first TECO expansion. This Phase has already begun with preliminary design and is expected to be constructed and ready for operation in 2013. Though TECO’s power generation expansion has been delayed as a result of the economic downturn and reduced demands, TECO intends to bring the treatment system online before the expansion is completed. As required by the Cooperative Funding Agreement, TECO will use reclaimed water from the City of Lakeland to offset current groundwater use associated with existing facilities prior to the power generation expansion. Phase I is estimated to cost $65,686,800. Plans for Phase II, originally estimated to be underway by 2012, have also been delayed. Initial estimates indicate that 6 mgd of reclaimed water will be needed for TECO's second phase of expansion. Though the source has not been identified, reclaimed water flows may be available from Hillsborough County, Polk County, Mulberry, and/or Plant City for Phase II. New Activities Since Last Meeting:TECO and the City of Lakeland finalized the Reclaimed Water Supply Agreement inMarch 2009. A Status Item on the project was presented at the Alafia River Basin Board meeting on April 9, 2009. Project Manager: Alison Ramoy

• Recharge Project: As part of the Regional Reclaimed Water Partnership Initiative, the District has undertaken an investigation to determine the Feasibility of Using Reclaimed Water for Direct and Indirect Aquifer Recharge in the Tampa Bay Area. The project was

Item 53developed to maximize the beneficial use of reclaimed water flows and assess possible improvements to southern Hillsborough and western Polk counties. On October 1, 2008, MWH Americas, Inc., (MWH) was contracted to perform the feasibility study and the work was initiated. The scope of work included assessing regulatory requirements for reclaimed water treatment in order to obtain operational permits (Task 1); quantifying water level improvements following aquifer recharge and subsequent amounts of groundwater withdrawals using groundwater modeling of conceptual scenarios at various coastal and inland locations and recharge rates (Task 2); and performing a cost analyses of various recharge options (Task 3). A Steering Committee comprised of local utilities was regularly informed on the project progress. The study was completed on March 31, 2009. Drafts ofTechnical Memorandum 3 (cost analyses) and the final summary report were received in early March. District staff provided comments during mid-March and the final reports werereceived on March 27, 2009. MWH presented the findings to the Governing Board onMarch 31, 2009. New Activities Since Last Meeting: All project tasks have been completed. District staff is currently evaluating requests for FY2010 cooperative funding to conduct site specific technical and financial feasibility analyses for two direct recharge projects and one indirect recharge project. Project Manager: Sandie Will

Land ResourcesIn March 2009, the Land Resources Department participated in or hosted the following events:• The fifth annual Volunteer Appreciation Day was held on March 14 at Green Swamp West.

Approximately 225 people attended, including staff and Board members. Volunteers were treated to a delicious lunch, thank you gifts, door prizes, cake, a hay ride, vendor booths, and some great music by The Beagles. This year’s Volunteer Appreciation Day was the culmination of a major effort put forth by District staff to recruit and maintain volunteers. Over 7,600 hours were recorded for 2008. Twenty-nine awards were presented to various individuals and groups for their dedication to maintenance of trails, returning campground hosts, and support of District programs.

• Two resource management hog hunts were conducted at the Hampton Tract within the Green Swamp Wilderness Preserve and the Starkey Wilderness Preserve. A total of 518 hogs were harvested District-wide during this year’s District-sponsored hog hunts.

• A volunteer workday was held with eight volunteers at Withlapopka Park within the Flying Eagle Preserve.

Fire ActivityAs steward of over 300,000 acres of public conservation lands, the District is heavily involved in fire management, both prescribed fire and wildfire. The primary focus of the District’s fire management personnel and material resources is prescribed burning, resulting in an annual average of 25,000 acres burned. However, these resources are also responsible for the efficient response to wildfires that occur on District lands. The District is a wildland fire cooperator with the Florida Division of Forestry (FDOF), the agency statutorily empowered to manage fire in the state. As such, the District’s fire management personnel and material resources provide support to the FDOF in the suppression of all wildfires that occur on District lands, and on larger fire incidents that occur on non-District lands within its 16-county jurisdiction. This relationship has been in place for many years and is highly successful. Fall through Spring 2006/2007 was among the driest on record, resulting in a very active wildfire season in Florida and on District lands. In FY2007, 48 wildfires, totaling 2,141 acres, burned on District lands. Wildfire activity was quiet during Fall/Winter 2007/2008. Periodic frontal rains throughout the winter helped to moderate ground and fuel drying and suppressed wildfire potential through March 2008. Spring dry weather patterns commenced in early-to-mid April and dry, windy conditions prevailed, causing rapid decreases in vegetative fuel moisture and a gradual increase in wildfire activity state-wide. On May 11, 2008, Governor Crist signed Executive Order 08-83, declaring a Wildfire State of Emergency in Florida and declaring several large fires in Okeechobee, Brevard, and Volusia counties as disaster areas. The order triggered, in part, protocols to provide federal aid for the declared incidents, designated the State Office of Emergency Management as the Coordinating Officer for all related emergency actions, activated various emergency response agreements and compacts, and activatedemergency procurement protocols for all agencies involved in incident response and recovery.

Item 53At this time, the District has not been requested to be a resource on a declared event, but isprepared to respond, if requested. New Activities Since Last Meeting: Since October 1, 2008, approximately 1,615 acres have been burned under prescription on District lands. Fire conditions are critical District-wide, and warm temperatures and dry conditions are expected to continue through the late winter and early spring. All fires, including prescribed burns and recreational fires have been banned on District lands until moisture conditions improve. Eleven wildfires have occurred on District lands since January, totaling 1,362 acres (see table). The two largest fires occurred in March in the Cypress Creek Preserve and North Schewe tract within the Myakka River project in Sarasota County. Both were human-caused. The increased size and intensity of these fires reflects the increasing severity of fire conditions District-wide. District fire personnel are on increased fire alert until conditions improve.

FIRE DATE ACRES STATUS

Starkey 1 01-04-2009 41 OutGreen Swamp 1 01-19-2009 3 OutPineview Fire – Cypress Creek 01-04-2009 5 OutWeekiwachee 1 02-09-2009 1 OutCow Fire – Green Swamp 02-19-2009 10 OutPlum Blossom Fire – Upper Hillsborough 02-23-2009 2 OutWeekiwachee 2 02-26-2009 1 OutHampton Fire – Lake Hancock 03-06-2009 20 OutBorder Fire – North Schewe 03-21-2009 775 MonitoringParkway Fire – Cypress Creek 03-28-2009 495 Mop-up and monitor2-Mile Fire – Green Swamp East 03-28-2009 3 Monitoring



Presenter: Bruce C. Wirth, P.E., Deputy Executive Director, Resource Management

E.Finance&

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Discussion Items


Routine Reports

Item

Finance and Administration CommitteeApril 28, 2009

Discussion Item

Annual Employment and Vendor Diversity Report

PurposeThis annual report to the Governing Board reflects the District's vendor and employmentdiversity management philosophy and provides a progress report on the key activities and statistics from calendar year 2008.

BackgroundSince the District’s first Diversity Management Plan was approved in 1995, the District has implemented and maintained aggressive outreach efforts to recruit diverse applicants for employment as well as diverse vendors to provide goods and services to the District. Our goals and strategies have been developed with the enthusiastic input, guidance, cooperation and support of past and current Governing Board members, outside consultants and reviewers and staff.

The 2009 report reflects staff activities and progress during calendar year 2008. Among other things, the report includes:

��SWFWMD Diversity Goals and Strategies for enhancements both to employment diversity and vendor diversity.

��Status Report on Continuous Programs that staff are working on to promote the District’s diversity efforts, including student internship programs, minority vendor and cooperative funding partner outreach activities.

��Update on Diversity Initiatives underway in the Human Resources and Finance Departments for this Fiscal Year. It also provides a list of some of the significant initiatives for 2008 and goals for 2009.

��Workforce Outreach and Events, including recruitment, community outreach efforts, diversity events attended, District Employee Committee activities and mentoring initiatives.

��Future Challenges, including the District’s ongoing initiatives to promote environmental responsibility among employees and in our recruitment efforts.

��Exhibits and Statistical Reports in support of the status updates provided.

Benefit/CostsThe District’s diversity management strategies promote an environment that:(1) Creates a level playing field for persons of diverse background to participate in employment

and vendor opportunities;(2) Values the contributions of each individual toward meeting overall water management

objectives; and(3) Reflects, serves and incorporates the interests of the diverse communities within our region.

Staff Recommendation: See Report

Accept the Annual Report on Employment and Vendor Diversity at the District.

Presenter: Elaine M. Kuligofski, Director, Human Resources & Risk Management

Item


Discussion Item

Review Draft Information Resources Five-Year Technology Plan and Computer Sinking Fund Strategy

The Information Resources Department (IRD) updates and develops a five-year technology plan each year. This plan shows how the District's Information Technology (IT) strategies and resources (hardware, software, and networks) align with the District's strategic priorities as approved by the Governing Board. The process includes an analysis of IT requirements based on the District's Strategic Plan and a zero-based review of all related projects and funding requirements. These activities are followed by an updated technology plan and budget development. The budget portion of the plan consists of the operating budget for the current Fiscal Year (FY) 2010, a five-year analysis of strategic project investment requirements and the FY2010 Computer Renewal and Replacement Sinking Fund. The Sinking Fund supports the long-term hardware and network needs of the District as outlined in the IRD Five-Year Technology Plan. This approach allows for a more uniform millage impact by providing for multi-year budgeting profiles and a more predictable expenditure pattern. Once approved by the Governing Board, the IRD Five-Year Technology Plan, FY2010 to FY2014, and the associated budget documentation are used to guide IRD in its software development andtechnology acquisition activities. Additionally, the plan is monitored for changes, and new information technology initiatives are included as part of the next years District Strategic Planning cycle.

The IRD Five-Year Technology Plan forecasts for the FY2010 through FY2014 period will be presented. The focus will be on showing the relationship between the District Strategic Plan and supporting technology initiatives, providing a roadmap for those initiatives and highlighting the investments needed to accomplish those initiatives. Additionally, investments and expenditures will be recommended for FY2010 consistent with prior direction of the Governing Board.

Staff Recommendation: See Report

Approve for budget planning purposes the FY2010 through FY2014 Information Resources Five-Year Technology Plan forecasts and Computer Renewal and Replacement Sinking Fundinvestment and expenditure schedule, subject to FY2010 budget approval.

PresentersCharles Gausche, Ph.D., Manager, Enterprise Architecture Section

: Terry Redman, Director, Information Resources Department

Item



Fiscal Year 2010 Budget Update

PurposeProvide the Finance and Administration Committee an update on the fiscal year 2010 (FY2010)budget development process.

BackgroundBudget requests for FY2010 were received from all departments and budget meetings have been held. Executive and Budget staffs are working with the departments to finalize the FY2010 budget requests.

Revenue assumptions continue to be revised. In March, based on updated information provided by the county Property Appraisers and the Legislature’s Office of Economic and Demographic Research, the ad valorem revenue assumptions were re-evaluated and revised as follows: General Fund – 12 percent decrease; Coastal Rivers and Withlacoochee River Basins –remain at 10 percent decrease; Alafia River, Hillsborough River, Peace River and Pinellas-Anclote River Basins – 12 percent decrease; and Manasota Basin – 15 percent decrease.These estimates will be revised again when the June 1 estimates of taxable value are received from the county Property Appraisers, pending final adjustments based on the July 1certifications of taxable value also provided by the county Property Appraisers.

In April, it appears in following the Legislature’s budget deliberations that the District may not receive any new state funding for FY2010. This would include revenue from the Florida ForeverTrust Fund for land acquisition purposes (initial budget assumption $22.5 million); and from the Water Management Lands Trust Fund (WMLTF) for land management, land acquisition ancillary costs, and Surface Water Improvement and Management purposes (initial budget assumption $11.375 million, lowered to $8.25 million and then lowered to $5 million based on documentary stamp tax projections). Based on the potential reductions in state revenue, staff are prioritizing FY2010 budget requests to the Governing and Basin Boards for Florida Forever Trust Fund and WMLTF related expenditures.

Additionally in April, the preliminary Basin budgets are being presented to the Basin Boards for consideration prior to the Governing Board’s meeting on April 28. The Basin Boards are being asked to set priorities and resource allocations for FY2010 given the current funding limitations. As discussed during the Long-Range Water Supply and Water Resource Development FundingPlan update in December 2008, the Basin Boards within the Southern Water Use Caution Area (Alafia River, Manasota and Peace River Basins) continue to face the greatest funding challenges for FY2010.

The Information Resources Department draft FY2010-FY2014 Five-Year Technology Plan will be presented to the Governing Board in May. The Property Appraisers will provide estimates of taxable value by June 1. Based on the June 1 estimates, staff will update the ad valorem revenue projections for FY2010, and present the Recommended Annual Service Budget,including the draft FY2010-FY2014 Five-Year Capital Improvements Plan, to the Governing Board on June 23. From that point, monthly updates will be provided to the Governing Board for approval prior to inclusion in the District's budget.

ItemBudget development is on schedule with the FY2010 budget calendar, which is attached as an exhibit for reference.


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


SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Fiscal Year 2010 Budget Calendar

Rev. 04/13/09

DATES ACTIVITY RESPONSIBILITY

October 2008 Annual Basin Board Planning Workshops and Governing Board Meeting Formal Update WS&WRD Funding Plan Over Planning Horizon of 2025

Basin Boards/Governing Board

October Cooperative Funding Meetings Staff/Prospective Cooperators/Public

December 1-31 Develop FY2010 Budget Preparation Guidelines Executive/Budget December 5 FY2010 Cooperative Funding Applications Due Prospective Cooperators December 16 Governing Board Review FY2010 Budget Development Process Governing Board/Budget/

Planning/Public

January 1-31, 2009 Review FY2010 Cooperative Funding Applications Staff January 2 FY2009 First Quarter Financial Report & Planning Forecast Directors/Budget January 5-16 Special Legislative Session 2009A to consider legislation for

FY2009 state budget adjustments BeginningJanuary 21

Budget Preparation and BRASS Software Training Distribute FY2010 Budget Preparation Guidelines

Budget/Financial Systems/Staff Budget

February Basin Boards Review Cooperative Funding Applications Basin Boards February Identify New or Continuing FY2010 Major Alternative Water Supply &

Water Resource Development (WS&WRD) Projects from Cooperative Funding Submittals

Staff

February 10 Rank FY2010 Cooperative Funding Applications StaffFebruary 20 Recurring Budget Requests and Staff Resource Allocations Due Directors February 24 FY2010 Budget Update Governing Board February 27 New and Non-Recurring Budget Requests Due Directors

March 6 Capital Improvements Plan (CIP) Requirements Due Directors March 6 General Services and Information Resources Departments

New and Non-Recurring Budget Requests Due Directors

March 9 Preliminary Budget Summary Executive/Budget March 11-20 Executive Review of Budget Submissions Executive/Budget/Directors March 23-27 Departmental Follow-up Review (Executive Adjustments) Executive/Budget/Directors March 31 Present FY2010 WS&WRD Projects; Review Past Water Protection &

Sustainability Trust Fund (WPSTF) Allocations; Update Existing Project Costs and Schedule/Budget Update

Executive/Resource Projects/ Budget/Governing Board

March 31 FY2010 Budget Update – Update Ad Valorem Revenue Estimates following State’s Revenue Estimating Conference

Executive/Budget/Governing Board

April April

Basin Boards Review Preliminary Budgets Present FY2010 Basin WS&WRD Projects; Review Past WPSTF Allocations; Update Existing Project Costs and Schedule/Budget Update

Basin Boards Basin Boards

April 2 FY2009 Second Quarter Financial Report & Planning Forecast Directors/Budget April 6 Executive Budget Summary (All Funds) Executive/Budget April 28 Review Draft Information Resources Five-Year Technology Plan Executive/IRD/Governing Board

May 11-15 Final Executive Review of FY2010 Recommended Annual Service Budget

Executive/Budget

May 20 FY2010 Budget Update – Update Revenue Estimates following 2009 Legislative Session

Executive/Budget/Governing Board

June

June

Basin Boards Review Proposed Budgets & Adopt Proposed Millage Rates Review Elements of WS&WRD Funding Plan Relative to Costs & Schedule of Proposed or Modified Projects, Legislative Appropriation(s) of WPSTF and Grants

Basin Boards

Basin Boards

June 1 Estimates of Taxable Value & Picture-In-Time for Annual Budget Review Budget June 23 FY2010 Annual Budget Review Executive/Budget/Governing Board June 23 Review Draft Five-Year Capital Improvements Plan (CIP) Executive/Budget/Governing Board June 23 Update WS&WRD Funding Plan Revenue Assumptions with Final

Ad Valorem Revenue Estimates & Make Necessary Adjustments to Budget

Executive/Resource Projects/ Budget/Governing Board

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Fiscal Year 2010 Budget Calendar (continued)

Rev. 04/13/09

DATES ACTIVITY RESPONSIBILITY

July Special Basin Board Meetings, if needed, to adopt proposed FY2010 Millage Rates

July 1-15 Certifications of Taxable Value Property Appraisers/Budget July 2 FY2009 Third Quarter Financial Report & Planning Forecast Directors/Budget July 28 FY2010 Budget Update & Adopt Proposed Millage Rates for District

and Watershed Basins Governing Board

August Basin Boards Review Final Budgets & Adopt Final Millage Rates and Budgets

Basin Boards

August Update WS&WRD Funding Plan Revenue Assumptions with Final Ad Valorem Revenue Estimates & Make Necessary Adjustments to Budget

Basin Boards

August 1 Submit Standard Format Tentative Budget to Governor, President of the Senate, Speaker of the House, Legislative Committee Chairs, Secretary of the Department of Environmental Protection, and each County Commission

Budget

August 4 Submit Proposed Millage Rates & Preliminary Disclosure of Maximum Millage Levies to Property Appraisers

Budget

August 25 FY2010 Budget Update Executive/Budget/Governing Board August Executive Office of the Governor (EOG) Budget Review EOG/Executive/Budget

September 5 House and Senate Appropriations Chair Comments Due Legislature September 15 Public Hearing (Tentative Budget) - Tampa Service Office Governing Board September 22 EOG Budget Review Comments Due EOGSeptember 24-27 Advertise Millage Rates and Budget Budget September 29 Public Hearing (Final Budget) - District Headquarters Brooksville Governing Board

October 2 Forward Resolutions to Property Appraisers, Tax Collectors & Department of Revenue

Budget

October 9 Issue FY2010 Budget in Brief Report Budget October 29 Certify Compliance to Department of Revenue

Including the DR-487; DR-420s, DR-422s, DR-420 MMs & DR-487 V Budget

October 2009 Annual Basin Board Planning Workshops and Governing Board Meeting Formal Update WS&WRD Funding Plan Over Planning Horizon of 2030

Basin Boards/Governing Board

December 15 EOG Report on Review of Water Management District Budgets for FY2010

EOG

December 31 Certify Compliance to Department of Financial Services Budget

March 1, 2010 Submit Consolidated Water Management District Annual Report (including the Five-Year CIP) to Governor, President of the Senate, Speaker of the House, Legislative Committee Chairs, Secretary of the Department of Environmental Protection, and each County Commission

Planning/Budget

Item



Fiscal Year 2009 Second Quarter Financial Report

PurposeThe purpose of the Fiscal Year 2009 Second Quarter Financial Report is to identify and forecast major trends, conditions or variances that may need management's attention. Based on the financial activities for the first six months of the fiscal year, the financial condition of the District is positive and budget variances are generally favorable.

BackgroundThe second quarter report covers the financial activities for the first six months of fiscal year (FY) 2009 which ended March 31, 2009. It provides a summary of the financial activities on an All Funds basis and for each separate Fund that compares Revenues to Expenditures/Encumbrances. In preparation of this report, all departments were asked to review their financial activities and provide an estimate of budgeted funds that would not be expended or encumbered this fiscal year and identify any outside revenue that would not be received this fiscal year due to an associated reduction in program expenditures (for amounts $10,000 or more). This information was then compiled and projections were made based on the overall financial activities for the first six months of the fiscal year. Staff will continue to monitor and report on all financial activities throughout FY2009, on a quarterly basis, to ensure the District's continued financial success.


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


FISCAL YEAR 2009 QUARTERLY FINANCIAL REPORT

SECOND QUARTER FINANCIAL REPORT

Six Months Ended March 31, 2009

APRIL 2009

Prepared By: Finance Department For additional copies, please call extension 4103.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT FISCAL YEAR 2009 QUARTERLY FINANCIAL REPORT

SIX MONTHS ENDED MARCH 31, 2009

TABLE OF CONTENTS

PAGE

Introduction .............................................................................................................................1 Revenues Expenditures / Encumbrances

Conclusion

Definitions and Acronyms ..................................................................................................... 3

Financial Reports District All Funds ................................................................................................................ 5 General Fund (Districtwide) ................................................................................................. 6 Alafia River Basin ............................................................................................................... 7 Hillsborough River Basin .................................................................................................... 8 Northwest Hillsborough Basin ............................................................................................. 9 Coastal Rivers Basin .......................................................................................................... 0 Pinellas-Anclote River Basin .............................................................................................. 1 Withlacoochee River Basin ................................................................................................ 2 Peace River Basin .............................................................................................................. 3 Manasota Basin ................................................................................................................. 4 Surface Water Improvement and Management (SWIM) Program ....................................... 5 FDOT Mitigation Program ................................................................................................... 6 Partnership Trust Fund ....................................................................................................... 7 Florida Forever/Save Our Rivers ........................................................................................ 8 Facilities Fund .................................................................................................................... 9

INTRODUCTION

The second quarter report covers the financial activities for the first six months of fiscal year (FY) 2009. The purpose of the report is to identify and forecast major trends, conditions or variances that may need management’s attention. To accomplish this, a financial report has been prepared on an All Funds basis and for each separate Fund that compares Revenues to Expenditures/Encumbrances.

RevenuesThrough the second quarter, the District collected $182.2 million in ad valorem taxes. This represents 84.3 percent of the annual budget compared with 85.6 percent collected by this same time last year. It is expected that the District will receive budgeted ad valorem taxes in full for FY2009. Last year, tax collections lagged until tax certificates were sold by the County Tax Collectors during May and June. Tax certificate sale proceeds are remitted to the taxing authorities in lieu of ad valorem taxes. For FY2008, the District collected 96.5 percent of the ad valorem tax levy, or 0.5 percent above the 96 percent historically budgeted. Based on this, ad valorem taxes appear to be on track with the budget.

The Legislature is in session until May 1, 2009, and adjustments could be made to the State's current year budget (FY2008-2009) during the session. Therefore, the impact to the State funding that has been allocated to this District will not be known until the Legislature has adjourned and the legislation has been reviewed and acted upon by Governor Crist. As of this date, DEP has reduced the FY2009 appropriation for the Water Management Lands Trust Fund (WMLTF) by $5 million (SWFWMD’s share: $1.25 million). This shortfall was covered through existing WMLTF reserves, so a budget amendment was not required. The Governing Board is updated monthly on the results of the Legislature's current session under the Outreach and Planning Committee Agenda. If there are further reductions affecting the FY2009 budget, this information will be presented to the Governing Board in June under the Finance and Administration Committee Agenda.

The FY2009 interest earnings budget was based on a 2 percent interest rate; the District's investment portfolio was generating 1.55 percent as of March 31, 2009. Interest projections for FY2009 indicate interest earnings will equal or moderately exceed the budgeted amounts within the individual Funds. The General Fund interest earnings budget originally included a reserve for potential losses related to the District's investment in the State Board of Administration Local Government Surplus Funds Trust Fund, Fund B. With the release of all dollars with no penalties in the Local Government Investment Pool (Fund A), this reserve is no longer considered necessary as eventual recovery of the outstanding $11.8 million investment in Fund B is also expected. With the elimination of this reserve amount and declining interest rates, the interest earnings projection for the General Fund is projected to be $4.2 million for FY2009, an additional $1.65 million above the budget. Given the current economic environment and declining interest rates, staff will continue to closely monitor actual results and projections throughout the fiscal year.

Expenditures / EncumbrancesSecond quarter information indicates that most major projects will be accomplished or encumbered during this fiscal year except as noted in the financial reports.

ConclusionBased on the financial activities for the first six months of the fiscal year and the projections as of the end of the quarter, March 31, 2009, the financial condition of the Southwest Florida Water Management District, including the individual Basins, is positive and budget variances are favorable. This is subject to any revenue reductions resulting from the legislative session currently underway. Staff will continue to monitor and report on all financial activities, including interest earnings, throughout FY2009 as a means to ensure the District’s continued financial success.

Please note, the Hillsborough River Basin and the Northwest Hillsborough Basin were merged on January 1, 2009. Their FY2009 financial reports will be maintained separately for the remainder of this fiscal year.

DEFINITIONS AND ACRONYMS

The following definitions are provided as a tool when reviewing this report:

Fund Accounting: The accounts of the District are organized and operated on the basis of funds. A fund is an independent fiscal and accounting entity with a self-balancing set of accounts. Governmental accounting information is organized into funds, each with separate revenues, expenditures, and fund balances. Fund accounting segregates funds according to their intended purpose and is used to aid management in demonstrating compliance with finance-related legal and contractual provisions.

General Fund: The general fund is the District’s general operating fund. It accounts for all financial resources of the District, except those required to be accounted for in another fund.

Special Revenue Funds: Special revenue funds account for specific revenue sources (other than capital revenue sources) that are legally restricted to expenditures for specified purposes. The seven Basins, Surface Water Improvement and Management (SWIM) program, Florida Department of Transportation (FDOT) Mitigation program, and the Partnership Trust are accounted for as special revenue funds.

Capital Projects Funds: Capital projects funds account for financial resources that are used for the acquisition of major capital projects associated with the Florida Forever / Save Our Rivers land acquisition program, and the District’s Facilities projects.

Balance From Prior Years: This represents funds carried over from prior years that are allocated for expenditure in the FY2009 budget.

Interfund Transfer: Interfund transfers represent the transfer of money from one fund to another within a governmental unit.

FY2008 Actual: This represents actual audited revenues and expenditures for the prior fiscal year.

Adopted FY2009 Budget: This is the adopted budget for the current fiscal year.

Prior Year Encumbrances: This represents the amount of prior year encumbrances and board designations carried forward from FY2008 and reappropriated for FY2009.

Budget Amendments/Transfers: This identifies formal budget amendments and approved transfers of budgeted funds from one budget line to another during the fiscal year.

Modified FY2009 Budget: This is the modified budget which is the adopted budget increased by the amount of prior year encumbrances and board designations carried forward from FY2008 and reappropriated for FY2009, and adjusted for budget amendments/transfers.

Encumbered at Month-End: This represents valid encumbrances and board designations existing as of the end of the second quarter, March 31, 2009.

FY2009 Actuals YTD: This represents actual funds expended through the second quarter of FY2009, or fiscal year-to-date (YTD).

FY2009 Forecast: The forecast is a projection of expected revenues and expenditures/encumbrances and board designations for the current fiscal year and is based on actual operating results, and current information, activities, trends, and conditions.

Variance: This calculated field is the difference between the Modified FY2009 Budget and the FY2009 Forecast to show an initial projected carryover amount.

Fund Balance Restricted for Encumbrances: This represents the portion of Fund Balance that was reserved or designated as of September 30, 2008, the end of the prior fiscal year, to fund outstanding encumbrances or board designations that were reappropriated for expenditure in FY2009.

Projected Carryover for FY2010: The second quarter projection represents an initial estimate of funds that will be available at the end of the fiscal year for carryover as a funding source for subsequent years. These projections will be used to develop the Basins’ Balance From Prior Years projections for the FY2010 budget.

DISTRICT ALL FUNDS

ADOPTED PRIOR YEAR BUDGET MODIFIED FY2009FY2008 FY2009 ENCUM- AMENDMENTS/ FY2009 ENCUMBERED AT ACTUALS FY2009

REVENUES ACTUAL BUDGET BRANCES TRANSFERS BUDGET MONTH-END YTD FORECAST VARIANCE

Ad Valorem Revenue $238,836,876 $216,144,436 $0 $0 $216,144,436 $0 $182,228,103 $216,144,436 $0Balance From Prior Years 0 64,347,414 0 0 64,347,414 0 0 64,347,414 0 Local Funding / County / City 2,961,956 6,107,414 8,493,937 0 14,601,351 0 73,247 14,601,351 0

State Funding 113,664,819 71,028,337 94,085,332 7,500,000 172,613,669 0 12,460,550 172,007,781 (605,888) (1)Federal Funding 2,356,992 842,200 8,469,135 0 9,311,335 0 110,686 9,343,567 32,232 (3)

Permit Fees 2,289,611 3,000,000 0 0 3,000,000 0 913,282 1,825,000 (1,175,000) (3)Interest on Investments - District 17,906,722 7,000,000 0 0 7,000,000 0 6,214,331 9,022,174 2,022,174 (2)Other 5,299,209 1,539,025 0 0 1,539,025 0 1,064,788 1,729,794 190,769 (3)

Total Revenues and Balances $383,316,185 $370,008,826 $111,048,404 $7,500,000 $488,557,230 $0 $203,064,987 $489,021,517 $464,287

Fund Balance - Restricted for Encumbrances $0 $0 $507,308,148 $0 $507,308,148 $0 $0 $507,308,148 $0Interfund Transfers - SWIM 3,773,441 6,480,564 12,180,499 0 18,661,063 0 359,921 18,563,609 (97,454) (3)

Total Revenues, Balances and Transfers $387,089,626 $376,489,390 $630,537,051 $7,500,000 $1,014,526,441 $0 $203,424,908 $1,014,893,274 $366,833

EXPENDITURES / ENCUMBRANCES

Salaries and Benefits $59,218,919 $61,737,458 $0 ($165,814) $61,571,644 $15,775 $26,315,194 $61,571,644 $0Other Personal Services 48,184,870 68,042,074 128,853,997 228,030 197,124,101 120,925,213 13,801,930 196,353,544 (770,557) (3)Operating Expenses 25,106,429 30,069,913 2,296,761 783,234 33,149,908 3,986,368 14,676,469 33,149,908 0Operating Capital Outlay 9,561,148 3,045,828 2,926,454 5,253,425 11,225,707 5,490,294 3,715,425 11,225,707 0Fixed Capital Outlay 79,076,851 25,647,500 9,342,942 2,104,425 37,094,867 1,089,458 12,552,768 37,094,867 0Cooperative Funding Initiative Grants 115,352,521 153,258,193 277,757,342 2,421,125 433,436,660 332,016,399 50,457,443 428,664,419 (4,772,241) (3)Reserves for Water Supply & Resource Dev 0 14,883,575 185,794,010 (2,104,425) 198,573,160 188,054,399 0 198,573,160 0Reserves for Stormwater Management 0 0 9,266,066 0 9,266,066 9,197,608 0 9,266,066 0Reserves for Watershed Management 0 0 1,716,998 0 1,716,998 1,716,998 0 1,716,998 0Reserves for Contingencies 0 13,324,285 401,982 (1,020,000) 12,706,267 401,982 0 12,706,267 0

Total Expenditures / Encumbrances $336,500,738 $370,008,826 $618,356,552 $7,500,000 $995,865,378 $662,894,494 $121,519,229 $990,322,580 ($5,542,798)

Interfund Transfers - SWIM $3,773,441 $6,480,564 $12,180,499 $0 $18,661,063 $18,369,602 $359,921 $18,563,609 ($97,454) (3)

Total Expenditures, Reserves & Transfers $340,274,179 $376,489,390 $630,537,051 $7,500,000 $1,014,526,441 $681,264,096 $121,879,150 $1,008,886,189 ($5,640,252)

Projected Carryover for FY2010 $6,007,085

(1)

(2)

(3) Refer to individual fund reports on the following pages for explanation of variances.

Governing Board is updated monthly on the results of the Legislature's current session under the Outreach and Planning Committee Agenda as to any impacts to State funding for the Florida Forever Program, Save Our Rivers Program, Water Protection and Sustainability Program, West-Central Florida Water Restoration Action Plan and other State funding.

Refer to Introduction to Second Quarter Report on Page 1 for discussion of FY2009 interest earnings.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTREVENUES AND EXPENDITURES / ENCUMBRANCES FINANCIAL REPORT


GENERAL FUND (DISTRICTWIDE)



Ad Valorem Revenue $147,940,801 $134,136,809 $0 $0 $134,136,809 $0 $112,833,893 $134,136,809 $0Balance From Prior Years 0 23,351,163 0 0 23,351,163 0 0 23,351,163 0 Local Funding / County / City 247,001 330,266 161,502 0 491,768 0 70,742 491,768 0

State Funding 18,024,741 14,999,633 17,384,509 7,500,000 39,884,142 0 1,822,526 39,884,142 0Federal Funding 1,599,062 150,000 6,771,576 0 6,921,576 0 85,954 6,921,576 0

Permit Fees 2,289,611 3,000,000 0 0 3,000,000 0 913,282 1,825,000 (1,175,000) (1)Interest on Investments 8,766,436 2,500,000 0 0 2,500,000 0 3,021,909 4,150,000 1,650,000 (2)Other 4,371,083 1,539,025 0 0 1,539,025 0 992,984 1,657,990 118,965 (3)

Total Revenues and Balances $183,238,735 $180,006,896 $24,317,587 $7,500,000 $211,824,483 $0 $119,741,290 $212,418,448 $593,965

Fund Balance - Restricted for Encumbrances $0 $0 $214,724,739 $0 $214,724,739 $0 $0 $214,724,739 $0

Total Revenues, Balances and Transfers $183,238,735 $180,006,896 $239,042,326 $7,500,000 $426,549,222 $0 $119,741,290 $427,143,187 $593,965


Salaries and Benefits $52,086,298 $53,555,460 $0 ($204,441) $53,351,019 $15,775 $23,488,635 $53,351,019 $0Other Personal Services 18,305,636 28,047,791 26,452,473 2,980,071 57,480,335 30,980,046 7,365,644 57,137,253 (343,082) (4)Operating Expenses 19,517,467 23,410,841 2,136,379 512,034 26,059,254 3,525,950 11,343,121 26,059,254 0Operating Capital Outlay 9,399,020 2,925,828 2,862,179 5,232,336 11,020,343 5,471,694 3,631,178 11,020,343 0Fixed Capital Outlay 15,902,413 97,500 495,900 2,104,425 2,697,825 0 3,605,806 2,697,825 0Cooperative Funding Initiative Grants 36,873,855 55,788,057 44,915,920 0 100,703,977 87,679,909 2,431,376 100,532,727 (171,250) (5)Reserves for Water Supply & Resource Dev 0 9,077,336 161,777,493 (2,104,425) 168,750,404 158,231,643 0 168,750,404 0Reserves for Contingencies 0 6,755,000 401,982 (1,020,000) 6,136,982 401,982 0 6,136,982 0

Total Expenditures / Encumbrances $152,084,689 $179,657,813 $239,042,326 $7,500,000 $426,200,139 $286,306,999 $51,865,760 $425,685,807 ($514,332)

Interfund Transfers - SWIM $0 $349,083 $0 $0 $349,083 $349,083 $0 $349,083 $0

Total Expenditures, Reserves & Transfers $152,084,689 $180,006,896 $239,042,326 $7,500,000 $426,549,222 $286,656,082 $51,865,760 $426,034,890 ($514,332)


(1)

(2)

(3)

(4) Remaining budgeted funds not required: Minimum Flows & Levels ($71,082); Surveying Services for Well Construction ($25,000); Outside Legal Services ($124,000); and Expert Legal Testimony/Analysis ($123,000).

(5) Project Withdrawn: Polk County - SWRUSA Carter Road One Billion Gallon Reclaim Storage & Pumping Station ($171,250).

General Fund interest earnings budget originally included a reserve for potential losses related to the District's investment in the State Board of Administration Local Government Investment Pool, Fund B. With the release of all dollars with no penalties in Fund A, this reserve is no longer considered necessary as eventual recovery of the outstanding $11.8 million investment in Fund B is expected. With the elimination of this reserve amount and declining interest rates, the interest earnings projection for the General Fund is projected to be $4.2 million for FY2009, an additional $1.65 million above budget.

Other revenue due to $12,029 in excess fees returned to District by Property Appraisers and Tax Collectors; $53,709 in interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings ontax collections before amounts were distributed to District; $28,419 received due to consent orders for water settlement fees; and $24,808 received in timber sales in excess of the amount budgeted.

Permit fees forecast for FY2009 based on collections through the second quarter of FY2009, and prior year collections.



ALAFIA RIVER BASIN



Ad Valorem Revenue $5,526,420 $5,037,742 $0 $0 $5,037,742 $0 $4,251,777 $5,037,742 $0Balance From Prior Years 0 2,572,212 0 0 2,572,212 0 0 2,572,212 0 Local Funding / County / City 61,270 77,803 132,611 0 210,414 0 0 210,414 0

State Funding 235,872 777,688 1,840,881 0 2,618,569 0 49,936 2,618,569 0Federal Funding 21,923 0 0 0 0 0 0 0 0

Interest on Investments 463,085 240,000 0 0 240,000 0 165,182 255,000 15,000Other 7,120 0 0 0 0 0 2,516 2,516 2,516 (1)

Total Revenues and Balances $6,315,690 $8,705,445 $1,973,492 $0 $10,678,937 $0 $4,469,411 $10,696,453 $17,516


Total Revenues, Balances and Transfers $6,315,690 $8,705,445 $12,504,250 $0 $21,209,695 $0 $4,469,411 $21,227,211 $17,516


Salaries and Benefits $405,645 $472,946 $0 $0 $472,946 $0 $195,713 $472,946 $0Other Personal Services 691,862 1,796,023 4,079,199 0 5,875,222 4,178,691 311,006 5,875,222 0Operating Expenses 187,421 290,096 18,056 (2,417) 305,735 22,789 151,526 305,735 0Operating Capital Outlay 0 3,000 0 2,417 5,417 0 2,417 5,417 0Cooperative Funding Initiative Grants 1,332,332 4,250,722 5,217,582 0 9,468,304 8,360,798 71,294 9,434,054 (34,250) (2)Reserves for Water Supply & Resource Dev 0 920,398 1,022,794 0 1,943,192 1,943,192 0 1,943,192 0Reserves for Contingencies 0 500,000 0 0 500,000 0 0 500,000 0

Total Expenditures / Encumbrances $2,617,260 $8,233,185 $10,337,631 $0 $18,570,816 $14,505,470 $731,956 $18,536,566 ($34,250)

Interfund Transfers - SWIM $132,105 $472,260 $2,166,619 $0 $2,638,879 $2,623,897 $14,984 $2,541,425 ($97,454) (3)

Total Expenditures, Reserves & Transfers $2,749,365 $8,705,445 $12,504,250 $0 $21,209,695 $17,129,367 $746,940 $21,077,991 ($131,704)

Projected Carryover for FY2010 $149,220

(1)

(2)

(3)

Other revenue due to interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District.

Project Withdrawn: Polk County - SWRUSA Carter Road One Billion Gallon Reclaim Storage & Pumping Station ($34,250).



Project Cancelled: SWIM, English Creek Surface Water Treatment Area Site 2 ($97,454).

HILLSBOROUGH RIVER BASIN



Ad Valorem Revenue $12,611,129 $12,063,228 $0 $0 $12,063,228 $0 $10,050,022 $12,063,228 $0Balance From Prior Years 0 6,469,047 0 0 6,469,047 0 0 6,469,047 0 Local Funding / County / City 223,942 540,230 1,179,568 0 1,719,798 0 743 1,719,798 0

State Funding 703,283 741,319 4,185,317 0 4,926,636 0 96,223 4,926,636 0Federal Funding 14,186 0 0 0 0 0 0 0 0

Interest on Investments 1,031,918 530,000 0 0 530,000 0 397,883 600,000 70,000Other 16,142 0 0 0 0 0 5,647 5,647 5,647 (1)





Salaries and Benefits $1,028,893 $1,106,671 $0 $0 $1,106,671 $0 $448,846 $1,106,671 $0Other Personal Services 1,537,371 2,285,119 4,777,359 500 7,062,978 4,813,119 759,029 $7,062,978 0Operating Expenses 995,408 1,192,509 21,171 (2,185) 1,211,495 60,927 656,707 $1,211,495 0Operating Capital Outlay 30,909 1,500 15,344 1,685 18,529 0 17,029 $18,529 0Cooperative Funding Initiative Grants 2,731,897 12,211,903 18,395,659 0 30,607,562 26,683,010 92,354 $30,607,562 0Reserves for Water Supply & Resource Dev 0 1,601,574 3,859,740 0 5,461,314 5,461,314 0 5,461,314 0Reserves for Stormwater Management 0 0 3,523,071 0 3,523,071 3,502,093 0 3,523,071 0Reserves for Contingencies 0 1,000,000 0 0 1,000,000 0 0 1,000,000 0

Total Expenditures / Encumbrances $6,324,478 $19,399,276 $30,592,344 $0 $49,991,620 $40,520,463 $1,973,965 $49,991,620 $0

Interfund Transfers - SWIM $361,692 $944,548 $1,314,529 $0 $2,259,077 $2,262,311 $17,745 $2,259,077 $0

Total Expenditures, Reserves & Transfers $6,686,170 $20,343,824 $31,906,873 $0 $52,250,697 $42,782,774 $1,991,710 $52,250,697 $0


(1)

Note: Effective January 1, 2009, the Hillsborough River Basin was merged with the Northwest Hillsborough Basin. Revenues and expenditures will be tracked separately through the end of this fiscal year, September 30, 2009.




NORTHWEST HILLSBOROUGH BASIN




State Funding 68,367 14,977 2,098,193 0 2,113,170 0 1,413 2,113,170 0

Interest on Investments 938,060 490,000 0 0 490,000 0 356,617 545,000 55,000Other 9,065 0 0 0 0 0 2,968 2,968 2,968 (1)





Salaries and Benefits $283,516 $402,431 $0 $0 $402,431 $0 $89,862 $402,431 $0Other Personal Services 393,463 1,406,490 354,684 0 1,761,174 493,274 36,671 1,761,174 0Operating Expenses 182,287 307,873 561 0 308,434 13,114 163,838 308,434 0Operating Capital Outlay 25,248 23,000 0 0 23,000 0 0 23,000 0Cooperative Funding Initiative Grants 1,296,543 5,637,167 18,911,633 0 24,548,800 21,271,620 40,595 24,548,800 0Reserves for Water Supply & Resource Dev 0 1,685,897 4,725,900 0 6,411,797 6,411,797 0 6,411,797 0Reserves for Stormwater Management 0 0 5,742,995 0 5,742,995 5,695,515 0 5,742,995 0Reserves for Contingencies 0 900,000 0 0 900,000 0 0 900,000 0

Total Expenditures / Encumbrances $2,181,057 $10,362,858 $29,735,773 $0 $40,098,631 $33,885,320 $330,966 $40,098,631 $0

Interfund Transfers - SWIM $177,110 $574,267 $407,530 $0 $981,797 $1,023,464 $5,815 $981,797 $0

Total Expenditures, Reserves & Transfers $2,358,167 $10,937,125 $30,143,303 $0 $41,080,428 $34,908,784 $336,781 $41,080,428 $0


(1)

Note: Effective January 1, 2009, the Hillsborough River Basin was merged with the Northwest Hillsborough Basin. Revenues and expenditures will be tracked separately through the end of this fiscal year, September 30, 2009.




COASTAL RIVERS BASIN



Ad Valorem Revenue $5,086,354 $4,543,989 $0 $0 $4,543,989 $0 $3,796,277 $4,543,989 $0Balance From Prior Years 0 2,502,847 0 0 2,502,847 0 0 2,502,847 0 Local Funding / County / City 836,187 1,163,336 1,320,362 0 2,483,698 0 4,561 2,483,698 0

State Funding 908,009 1,149,246 2,074,360 0 3,223,606 0 283,906 3,223,606 0Federal Funding 221,906 0 0 0 0 0 0 0 0

Interest on Investments 409,148 200,000 0 0 200,000 0 138,583 200,000 0Other 265,871 0 0 0 0 0 782 782 782 (1)

Total Revenues and Balances $7,727,475 $9,559,418 $3,394,722 $0 $12,954,140 $0 $4,224,109 $12,954,922 $782


Total Revenues, Balances and Transfers $7,727,475 $9,559,418 $11,910,674 $0 $21,470,092 $0 $4,224,109 $21,470,874 $782


Salaries and Benefits $638,719 $766,509 $0 $0 $766,509 $0 $304,747 $766,509 $0Other Personal Services 3,710,563 3,840,976 3,633,977 (5,000) 7,469,953 4,487,682 677,737 7,469,953 0Operating Expenses 268,292 454,000 2,407 2,583 458,990 12,296 236,029 458,990 0Operating Capital Outlay 16,625 0 0 2,417 2,417 0 2,417 2,417 0Fixed Capital Outlay 0 0 448,400 0 448,400 448,400 0 448,400 0Cooperative Funding Initiative Grants 1,395,882 3,020,265 7,375,170 0 10,395,435 8,522,275 153,305 9,409,440 (985,995) (2)Reserves for Water Supply & Resource Dev 0 972,283 391,868 0 1,364,151 1,364,151 0 1,364,151 0Reserves for Contingencies 0 400,000 0 0 400,000 0 0 400,000 0

Total Expenditures / Encumbrances $6,030,081 $9,454,033 $11,851,822 $0 $21,305,855 $14,834,804 $1,374,235 $20,319,860 ($985,995)

Interfund Transfers - SWIM $75,066 $105,385 $58,852 $0 $164,237 $151,974 $12,263 $164,237 $0

Total Expenditures, Reserves & Transfers $6,105,147 $9,559,418 $11,910,674 $0 $21,470,092 $14,986,778 $1,386,498 $20,484,097 ($985,995)


(1)

(2)




Project Cancelled: City of New Port Richey - Midwest/Northwest Reclaimed Water Distribution System ($985,995).

PINELLAS-ANCLOTE RIVER BASIN



Ad Valorem Revenue $30,934,560 $27,356,018 $0 $0 $27,356,018 $0 $23,365,267 $27,356,018 $0Balance From Prior Years 0 17,167,057 0 0 17,167,057 0 0 17,167,057 0 Local Funding / County / City 174,435 80,950 999,927 0 1,080,877 0 1,500 1,080,877 0

State Funding 2,199,702 225,404 7,526,469 0 7,751,873 0 43,300 7,751,873 0

Interest on Investments 3,532,217 1,800,000 0 0 1,800,000 0 1,323,238 2,025,000 225,000 (1)Other 50,680 0 0 0 0 0 14,492 14,492 14,492 (2)





Salaries and Benefits $690,537 $819,964 $0 $0 $819,964 $0 $270,655 $819,964 $0Other Personal Services 1,503,261 5,431,575 29,235,510 (2,500) 34,664,585 11,813,452 1,156,819 34,664,585 0Operating Expenses 967,020 1,229,079 5,079 2,500 1,236,658 90,648 839,736 1,236,658 0Operating Capital Outlay 5,331 23,000 0 0 23,000 0 0 23,000 0Cooperative Funding Initiative Grants 12,575,865 35,309,720 63,893,620 0 99,203,340 78,989,238 1,238,803 96,841,979 (2,361,361) (3)Reserves for Water Supply & Resource Dev 0 626,087 7,474,941 0 8,101,028 8,101,028 0 8,101,028 0Reserves for Contingencies 0 1,600,000 0 0 1,600,000 0 0 1,600,000 0

Total Expenditures / Encumbrances $15,742,014 $45,039,425 $100,609,150 $0 $145,648,575 $98,994,366 $3,506,013 $143,287,214 ($2,361,361)

Interfund Transfers - SWIM $447,942 $1,590,004 $3,853,578 $0 $5,443,582 $5,415,706 $27,877 $5,443,582 $0

Total Expenditures, Reserves & Transfers $16,189,956 $46,629,429 $104,462,728 $0 $151,092,157 $104,410,072 $3,533,890 $148,730,796 ($2,361,361)


(1)

(2)

(3)

Other revenue due to $7,399 in excess fees returned to District by Property Appraisers and Tax Collectors; and $7,093 in interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District.

Relates to higher than projected cash balances due to project timing. Refer to Introduction for discussion of interest earnings.



Projects Cancelled: Redington Beach - Implementation of BMPs: Improvement Areas 3 & 4 ($600,000); Pinellas County - Pilot ICI Water Conservation ($130,964); Pasco County - Design and Construction of Odessa High Service Pump Expansion ($166,000); and Pinellas County - Landscape and Irrigation Evaluation Pilot ($11,000). Projects Completed: Pinellas Park - Implementation of BMPs: Improvement Area 2 ($52,556); and Oldsmar - Reclaimed Water ASR, Phase 2A ($12,891). Project Withdrawn: St. Petersburg - Toilet Replacement Program, Phase 11 ($150,000). Reduced Scope of Work, Clearwater - Implementation of BMPs: Alligator Creek Watershed Channel A ($1,237,950).

WITHLACOOCHEE RIVER BASIN



Ad Valorem Revenue $5,411,367 $4,978,051 $0 $0 $4,978,051 $0 $4,038,982 $4,978,051 $0Balance From Prior Years 0 788,567 0 0 788,567 0 0 788,567 0 Local Funding / County / City 647,456 3,187,396 2,450,936 0 5,638,332 0 (4,308) 5,638,332 0

State Funding 4,926,995 3,548,247 741,466 0 4,289,713 0 186,727 4,289,713 0Federal Funding 25,232 0 350,000 0 350,000 0 (7,500) 350,000 0

Interest on Investments 328,997 140,000 0 0 140,000 0 102,974 140,000 0Other 11,512 0 0 0 0 0 1,796 1,796 1,796 (1)





Salaries and Benefits $1,153,460 $1,309,635 $0 $38,627 $1,348,262 $0 $460,856 $1,348,262 $0Other Personal Services 6,003,042 7,978,495 6,557,459 (315,555) 14,220,399 9,468,268 520,115 14,220,399 0Operating Expenses 620,091 816,671 16,724 248,128 1,081,523 65,809 397,645 1,081,523 0Operating Capital Outlay 74,118 23,500 0 800 24,300 18,283 0 24,300 0Cooperative Funding Initiative Grants 1,374,864 2,057,386 2,508,242 28,000 4,593,628 2,874,735 569,213 4,293,628 (300,000) (2)Reserves for Watershed Management 0 0 1,716,998 0 1,716,998 1,716,998 0 1,716,998 0Reserves for Contingencies 0 200,000 0 0 200,000 0 0 200,000 0


Interfund Transfers - SWIM $1,051,189 $256,574 $328,374 $0 $584,948 $348,593 $236,355 $584,948 $0



(1)

(2) Projects Withdrawn: Marion County Irrigation Evaluation Program ($50,000); and Inverness - Reclaimed Water Transmission Main ($250,000).



Other revenue due to $838 in excess fees returned to District by Property Appraisers and Tax Collectors; and $958 in interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District.

PEACE RIVER BASIN



Ad Valorem Revenue $9,350,470 $8,350,143 $0 $0 $8,350,143 $0 $6,759,259 $8,350,143 $0Balance From Prior Years 0 2,583,538 0 0 2,583,538 0 0 2,583,538 0 Local Funding / County / City 200,300 99,933 1,189,979 0 1,289,912 0 9 1,289,912 0

State Funding 5,175,112 5,876,778 17,323,692 0 23,200,470 0 594,319 23,200,470 0Federal Funding 0 0 166,734 0 166,734 0 0 166,734 0

Interest on Investments 868,154 400,000 0 0 400,000 0 263,007 400,000 0Other 12,324 0 0 0 0 0 4,250 4,250 4,250 (1)





Salaries and Benefits $1,204,546 $1,222,761 $0 $0 $1,222,761 $0 $369,154 $1,222,761 $0Other Personal Services 3,321,070 3,116,689 21,602,803 10,814 24,730,306 20,794,119 1,007,965 24,730,306 0Operating Expenses 641,630 950,632 55,312 31,227 1,037,171 63,554 348,017 1,037,171 0Operating Capital Outlay 0 46,000 42,316 4,834 93,150 317 46,833 93,150 0Cooperative Funding Initiative Grants 11,124,215 10,737,259 12,739,819 (46,875) 23,430,203 18,977,125 1,355,183 23,293,203 (137,000) (2)Reserves for Water Supply & Resource Dev 0 0 1,307,405 0 1,307,405 1,307,405 0 1,307,405 0Reserves for Contingencies 0 250,000 0 0 250,000 0 0 250,000 0


Interfund Transfers - SWIM $287,190 $987,051 $1,104,803 $0 $2,091,854 $2,069,118 $22,734 $2,091,854 $0



(1)

(2)



Other revenue due to $1,217 in excess fees returned to District by Property Appraisers and Tax Collectors; and $3,033 in interest earnings received from Tax Collectors related to delinquent taxes and short-term earnings on tax collections before amounts were distributed to District.

Project Withdrawn: Polk County - SWRUSA Carter Road One Billion Gallon Reclaim Storage & Pumping Station ($137,000).

MANASOTA BASIN




State Funding 7,145,080 6,238,088 8,334,472 0 14,572,560 0 342,708 14,145,085 (427,475) (1)

Interest on Investments 1,530,645 700,000 0 0 700,000 0 444,938 700,000 0Other 29,783 0 0 0 0 0 7,353 7,353 7,353 (2)

Total Revenues and Balances $23,132,567 $23,973,594 $8,978,355 $0 $32,951,949 $0 $11,177,863 $32,531,827 ($420,122)


Total Revenues, Balances and Transfers $23,132,567 $23,973,594 $42,118,434 $0 $66,092,028 $0 $11,177,863 $65,671,906 ($420,122)


Salaries and Benefits $907,363 $992,482 $0 $0 $992,482 $0 $375,157 $992,482 $0Other Personal Services 2,337,010 4,701,214 5,063,956 (300) 9,764,870 5,798,830 365,833 9,337,395 (427,475) (1)Operating Expenses 560,552 757,339 41,027 (8,636) 789,730 115,256 391,906 789,730 0Operating Capital Outlay 0 0 0 8,936 8,936 0 8,936 8,936 0Cooperative Funding Initiative Grants 20,624,741 15,671,167 28,833,368 0 44,504,535 38,151,033 1,103,286 43,965,785 (538,750) (3)Reserves for Water Supply & Resource Dev 0 0 5,233,869 0 5,233,869 5,233,869 0 5,233,869 0Reserves for Contingencies 0 650,000 0 0 650,000 0 0 650,000 0


Interfund Transfers - SWIM $1,241,147 $1,201,392 $2,946,214 $0 $4,147,606 $4,125,456 $22,148 $4,147,606 $0



(1)

(2)

(3) Projects Cancelled: The Bridges - Stormwater Reuse ($112,500); Palmetto - Palmetto Reuse Interconnect ($165,000); and Bradenton - MARS Reuse Interconnect ($175,000). Project Withdrawn: Venice - Implementation of BMPs: Hatchett Creek Eastgate ($55,000). Regional Reclaimed Water Partnership Initiative: Due to further project refinement, the project no longer includes a water resource benefit for the Manasota Basin ($31,250).




Myakka State Forest Hydrologic Restoration ($327,475) and Edward W. Chance Reserve Hydrologic Restoration ($100,000) projects will be funded from the Florida Department of Transportation Mitigation Program in FY2010, which reduced funding required from the Water Management Lands Trust Fund in FY2009.

SURFACE WATER IMPROVEMENT AND MANAGEMENT (SWIM) PROGRAM



Local Funding / County / City $6,748 $42,000 $40,000 $0 $82,000 $0 $0 $82,000 $0

State Funding 6,624,741 6,655,491 20,881,185 0 27,536,676 0 659,671 27,390,495 (146,181) (1)Federal Funding 440,998 692,200 1,180,825 0 1,873,025 0 0 1,873,025 0

Total Revenues and Balances $7,072,487 $7,389,691 $22,102,010 $0 $29,491,701 $0 $659,671 $29,345,520 ($146,181)

Interfund Transfers - SWIM $3,773,441 $6,480,564 $12,180,499 $0 $18,661,063 $0 $359,921 $18,563,609 ($97,454) (1)

Total Revenues, Balances and Transfers $10,845,928 $13,870,255 $34,282,509 $0 $48,152,764 $0 $1,019,592 $47,909,129 ($243,635)


Salaries and Benefits $676,581 $918,385 $0 $0 $918,385 $0 $271,515 $918,385 $0Other Personal Services 5,240,955 4,095,124 23,066,180 (2,440,000) 24,721,304 20,772,949 1,068,968 24,721,304 0Operating Expenses 241,262 282,199 0 0 282,199 15,980 144,852 282,199 0Cooperative Funding Initiative Grants 4,772,327 8,574,547 11,216,329 2,440,000 22,230,876 19,256,656 902,034 21,987,241 (243,635) (1)


Projected Carryover for FY2010 $0

(1)



Project Cancelled: English Creek Surface Water Treatment Area Site 2 ($243,635). This project would have been funded 60% state Water Management Lands Trust Fund (WMLTF) and 40% appropriate Basin, anticipated funding amounts are reflected accordingly.

FDOT MITIGATION PROGRAM



State Funding $4,998,625 $2,394,741 $2,611,748 $0 $5,006,489 $0 $47,476 $4,974,257 ($32,232) (1)Federal Funding 33,685 0 0 0 0 0 32,232 32,232 32,232 (1)

Interest on Investments 38,062 0 0 0 0 0 0 7,174 7,174 (2)

Total Revenues and Balances $5,070,372 $2,394,741 $2,611,748 $0 $5,006,489 $0 $79,708 $5,013,663 $7,174

Total Revenues, Balances and Transfers $5,070,372 $2,394,741 $2,611,748 $0 $5,006,489 $0 $79,708 $5,013,663 $7,174


Salaries and Benefits $143,361 $170,214 $0 $0 $170,214 $0 $40,054 $170,214 $0Other Personal Services 2,385,259 2,202,578 2,611,703 0 4,814,281 2,416,270 83,240 4,814,281 0Operating Expenses 222,295 21,949 45 0 21,994 45 3,092 21,994 0Fixed Capital Outlay 2,281,395 0 0 0 0 0 0 0 0

Total Expenditures, Reserves & Transfers $5,032,310 $2,394,741 $2,611,748 $0 $5,006,489 $2,416,315 $126,386 $5,006,489 $0


(1)

(2) The FDOT Mitigation Program is fully funded by the Florida Department of Transportation. Interest earnings on advance funding from the State for the Long-Term Maintenance and Monitoring Program will offset future expenditures of this program.



Revenue received from the United States Department of Transportation for the Long-Term Maintenance and Monitoring Program, which reduced funding required Florida Department of Transportation (FDOT) for the program in FY2009.

PARTNERSHIP TRUST FUND




Total Revenues, Balances and Transfers $0 $0 $63,750,000 $0 $63,750,000 $0 $0 $63,750,000 $0


Cooperative Funding Initiative Grants $21,250,000 $0 $63,750,000 $0 $63,750,000 $21,250,000 $42,500,000 $63,750,000 $0

Total Expenditures, Reserves & Transfers $21,250,000 $0 $63,750,000 $0 $63,750,000 $21,250,000 $42,500,000 $63,750,000 $0

Projected Carryover for FY2010 $0

Note:

Partnership Trust assets are currently invested as follows:

First America Government Obligation FundCash & Equivalents: $31.6 millionLiquid DailyYield: 0.15 percent

to achieve the 12 consecutive months of operation at an annual average rate of 20 mgd by December 31, 2010, the interest shall revert back to the District. Interest earnings of $10.39 million have accrued to the benefit of TBW from January 24, 2006, through March 31, 2009. All interest earnings accruing to the benefit of TBW are recorded on the District's financial statements as an obligation until payment is made under the contract.



Effective January 24, 2006, the Governing Board approved the second amendment to the Seawater Desalination Funding Agreement, and interest earnings on the $85 million (funding set aside for the Desal Plant) began accruing to the benefit of Tampa Bay Water (TBW). The Partnership Trust Fund currently has $21.25 million in assets reserved for the final reimbursement (25 percent) to TBW for the Desal Plant costs. The first 25 percent of the $85 million ($21.25 million) was paid to TBW on January 24, 2008, with notification of the engineer's acceptance report of the in-service date, December 26, 2007. An additional 50 percent ($42.5 million) was paid to TBW on December 29, 2008, with notification that the facility produced an annual average of 12.5 mgd over 12 consecutive months. TBW will receive the remaining 25 percent ($21.25 million) when the facility operates at 25 mgd for four consecutive months. The interest earnings on the $85 million will remain in the District's Partnership Trust Fund until TBW has operated the Desal Plant for 12 consecutive months at an annual average rate of 20 mgd of water for distribution to customers of TBW, provided that TBW shall have commenced such operation as soon as practicable afterhaving met the 12.5 mgd annual average for 12 consecutive months performance objective. Therefore, the interest earnings on the $85 million will continue to accrue to the benefit of TBW until the performance objective is met. In the event TBW fails

FLORIDA FOREVER / SAVE OUR RIVERS



State Funding $62,654,292 $28,406,725 $9,083,040 $0 $37,489,765 $0 $8,332,345 $37,489,765 $0

Total Revenues and Balances $62,654,292 $28,406,725 $9,083,040 $0 $37,489,765 $0 $8,332,345 $37,489,765 $0

Total Revenues, Balances and Transfers $62,654,292 $28,406,725 $9,083,040 $0 $37,489,765 $0 $8,332,345 $37,489,765 $0


Other Personal Services $1,445,360 $2,500,000 $684,398 $0 $3,184,398 $4,328,196 $355,302 $3,184,398 $0Operating Expenses 315,889 356,725 0 0 356,725 0 0 356,725 0Fixed Capital Outlay 60,893,043 25,550,000 8,398,642 0 33,948,642 641,058 8,946,962 33,948,642 0

Total Expenditures, Reserves & Transfers $62,654,292 $28,406,725 $9,083,040 $0 $37,489,765 $4,969,254 $9,302,264 $37,489,765 $0

Projected Carryover for FY2010 $0 (1)

(1) Florida Forever / Save Our Rivers expenditures are fully funded by the Florida Forever Trust Fund and Water Management Lands Trust Fund. Therefore, there is no projected carryover for FY2010.



FACILITIES FUND



Ad Valorem Revenue $1,400,000 $1,250,000 $0 $0 $1,250,000 $0 $1,250,000 $1,250,000 $0Balance From Prior Years 0 459,285 0 0 459,285 0 0 459,285 0

Other 525,629 0 0 0 0 0 32,000 32,000 32,000 (1)

Total Revenues and Balances $1,925,629 $1,709,285 $0 $0 $1,709,285 $0 $1,282,000 $1,741,285 $32,000

Fund Balance - Restricted for Encumbrances $0 $0 $740,911 $0 $740,911 $0 $0 $740,911 $0

Total Revenues, Balances and Transfers $1,925,629 $1,709,285 $740,911 $0 $2,450,196 $0 $1,282,000 $2,482,196 $32,000


Other Personal Services $1,310,018 $640,000 $734,296 $0 $1,374,296 $580,317 $93,601 $1,374,296 $0Operating Expenses 386,815 0 0 0 0 0 0 0 0Operating Capital Outlay 9,897 0 6,615 0 6,615 0 6,615 6,615 0Reserves 0 1,069,285 0 0 1,069,285 0 0 1,069,285 0

Total Expenditures, Reserves & Transfers $1,706,730 $1,709,285 $740,911 $0 $2,450,196 $580,317 $100,216 $2,450,196 $0


(1)



Revenue from Sarasota County for a drainage and utility easement on District-owned property.

Item


Routine Report

Treasurer's Report, Payment Register, and Contingency Reserves

PurposePresentation of the Treasurer's Report, Payment Register, and Contingency Reserves.

BackgroundIn accordance with Board Policy 130-3, District Investment Policy, a monthly report on investments shall be provided to the Governing Board. Attached is a copy of the Treasurer's Report as of March 31, 2009, which reflects total cash and investments at a market value of $713,362,595.

As reflected on the March 31, 2009, Treasurer's Report, the investment portfolio had $118.9 million or 17 percent invested in the State Board of Administration (SBA) Local Government Surplus Funds Trust Fund (LGSFTF) with $107.1 million in Local Government Invest Pool (LGIP) (formerly referred to as Pool A) and $11.8 million in Fund B (formerly referred to as Pool B). The District has received $.6 million of LGIP interest earnings during the first six months of fiscal year 2009, period ended March 31, 2009. Fund B is not distributing interest earnings. The District is managing its short-term and daily liquidity needs through the use of three money market funds (Dreyfus Government Cash Management, Federated Government Obligations #5 and Ridgeworth Government Securities). Consistent with Board Policy 130-3, the maximum percent of the portfolio that will be invested in any one money market fund is 25 percent.

Fund B consists of assets that had defaulted on a payment, paid more slowly than expected, or had any significant credit and liquidity risk. Fund B cash holdings are being distributed to participants as they become available monthly from maturities, sales and received income. The investment objective for Fund B is to maximize the present value of distributions. At March 31,the District's investment in Fund B was $11.8 million, down from the initial investment of $40.7 million. The market value of the Fund B investments is estimated at $7 million or approximately 60 percent of cost, reflecting $4.8 million at risk. District staff is not aware of any plans by the SBA to liquidate Fund B investments below cost.

On April 8, 2009, the SBA LGIP released another $137 thousand from Fund B. Therefore,subsequent to March 31, 2009, the balance of $11.8 million has been reduced by $.2 million, leaving the District's balance in Fund B at $11.6 million, which would further reduce the $4.8 million at risk.

Staff will continue to monitor the SBA activities to determine how this will impact the District's current investment in the SBA LGSFTF, and affect the District's investment strategy going forward.

In accordance with Board Policy 130-1, Disbursement of Funds, all general checks written during a period shall be reported to the Governing Board at its next regular meeting. The Payment Register listing disbursements since last month's report is available upon request. The Payment Register includes checks and electronic funds transfers (EFTs).

The FY2009 Contingency Reserves (District only) follows:

Item

ORIGINAL BUDGET AMOUNT: $6,000,000 Date ofBoard Action

Less Approved TransfersDistrict Strategic Systems Network and Server Upgrades 240,000 December 16, 2008

Supplemental Funding for FY2009 Media Messaging 200,000 February 24, 2009

BALANCE: $5,560,000


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

Presenter: Daryl F. Pokrana, Director, Finance Department

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTTREASURER'S REPORT TO THE GOVERNING BOARD

AGENCY SECURITIESEFFECTIVE

CUSIP INTEREST CALLABLE/ PURCHASE MATURITY DURATION (YRS) DAYS TO PURCHASE MARKET ACCRUED % OFNUMBER RATE BULLET DATE DATE OF SECURITY MATURITY COST VALUE INTEREST PORTFOLIO

31331gnl9 1.37 Callable 02/19/2009 08/19/2010 1.50 506 $10,000,000 $9,999,000 $15,983 31331ghd4 2.65 Callable 12/16/2008 12/16/2010 2.00 625 10,000,000 10,045,000 77,292 31331gmu0 1.85 Callable 02/17/2009 02/17/2011 2.00 688 10,000,000 10,063,800 22,611 31331yq45 3.88 Bullet 06/13/2008 05/19/2011 2.93 779 9,800,000 10,316,500 115,500 31331y3n8 3.91 Bullet 07/30/2008 07/15/2011 2.96 836 9,920,000 10,405,800 76,528 31331ghw2 2.38 Callable 12/30/2008 12/30/2011 3.00 1004 10,000,000 9,997,100 59,375 31331gmw6 2.47 Callable 02/17/2009 02/17/2012 3.00 1053 10,000,000 10,056,900 30,189

69,720,000 70,884,100 397,478 9.75

3133xl6b4 5.12 Bullet 06/07/2007 06/04/2009 1.99 65 $10,000,000 $10,083,500 $166,563 3133xflg9 5.20 Bullet 07/09/2007 06/12/2009 1.93 73 10,008,600 10,094,800 158,958 3133xr2y5 3.26 Bullet 11/03/2008 06/11/2010 1.60 437 9,960,000 10,216,000 91,667 3133xs2j6 3.38 Callable 08/27/2008 08/27/2010 2.00 514 10,000,000 10,111,100 31,875 3133xmes6 2.95 Bullet 11/20/2008 10/22/2010 1.92 570 10,264,200 10,492,000 193,229 3133xsqf8 2.75 Callable 01/06/2009 01/06/2011 2.00 646 10,000,000 10,002,600 64,931 3133xpny6 3.10 Bullet 05/01/2008 03/11/2011 2.86 710 9,938,300 10,214,960 15,972 3133xr4u1 3.44 Bullet 06/10/2008 06/10/2011 3.00 801 9,910,000 10,289,100 96,354 3133xspa0 3.13 Callable 12/09/2008 12/09/2011 3.00 983 10,000,000 10,049,700 97,222

March 31, 2009

FEDERAL FARM CREDIT

FEDERAL HOME LOAN BANK

TOTAL FEDERAL FARM CREDIT

3133xspa0 3.13 Callable 12/09/2008 12/09/2011 3.00 983 10,000,000 10,049,700 97,2223133xsxq6 2.35 Callable 02/06/2009 02/06/2012 3.00 1042 10,000,000 9,999,000 35,903 3133xswp9 2.15 Callable 02/17/2009 02/17/2012 3.00 1053 10,000,000 10,002,000 26,278

$110,081,100 $111,554,760 $978,952 15.40

3128x8cv2 2.00 Callable 01/07/2009 01/07/2011 2.00 647 $10,000,000 $10,002,200 $46,667 3128x8ja1 2.00 Callable 02/18/2009 02/18/2011 2.00 689 10,000,000 10,016,200 23,889 3128x7f58 4.25 Callable 06/30/2008 06/30/2011 3.00 821 10,000,000 10,084,200 106,250 3128x8du3 2.25 Callable 01/20/2009 01/20/2012 3.00 1025 10,000,000 10,003,000 44,375 3128x8fd9 1.50 Callable 01/30/2009 01/30/2012 3.00 1035 10,000,000 10,018,000 25,000 3128x8kx9 2.37 Callable 03/04/2009 02/24/2012 2.98 1060 10,000,000 10,022,600 25,729

$60,000,000 $60,146,200 $271,910 8.39

3136f9pk3 3.10 Callable 05/05/2008 05/05/2010 2.00 400 $10,000,000 $10,024,000 $125,722 3136f9hx4 3.13 Bullet 04/21/2008 04/21/2011 3.00 751 10,000,000 10,307,000 138,889 3136f9mv2 3.25 Callable 05/05/2008 05/05/2011 3.00 765 10,000,000 10,232,400 131,806 3136fhdh5 2.25 Callable 03/23/2009 09/23/2011 2.50 906 10,000,000 10,079,800 5,000 3136f9q55 3.55 Callable 11/28/2008 11/28/2011 3.00 972 10,000,000 10,047,700 121,292 3136fhcg8 2.33 Callable 02/24/2009 02/24/2012 3.00 1060 10,000,000 10,061,000 23,947 3136f97g2 2.00 Callable 02/27/2009 02/27/2012 3.00 1063 10,000,000 10,022,600 18,889

$70,000,000 $70,774,500 $565,545 9.79

TOTAL AGENCY SECURITIES 309,801,100 313,359,560 2,213,885 43.33

TOTAL FEDERAL HOME LOAN MORTGAGE CORPORATION

TOTAL FEDERAL HOME LOAN BANK

FEDERAL HOME LOAN MORTGAGE CORPORATION

FEDERAL NATIONAL MORTGAGE ASSOCIATION

TOTAL FEDERAL NATIONAL MORTGAGE ASSOCIATION

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTTREASURER'S REPORT TO THE GOVERNING BOARDMarch 31, 2009

STATE BOARD OF ADMINISTRATION (SBA) & OTHER INVESTMENT ACCOUNTSEFFECTIVE

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

Local Government Investment Pool (LGIP) 271413 0.86 $65,250,693 $65,250,693 271411 0.86 1,404,653 1,404,653 271412 0.86 61,051 61,051 271414 0.86 8,461,115 8,461,115 271415 0.86 15,188,661 15,188,661 271416 0.86 1,782,992 1,782,992 271417 0.86 15,008,911 15,008,911

$107,158,076 $107,158,076 Fund B (1)

271413 0.00 $10,719,445 $6,379,939 271415 0.00 1,061,091 631,534

$11,780,536 $7,011,473

$118,938,612 $114,169,549 16.64

DREYFUS GOVERNMENT CASH MANAGEMENT ACCOUNT 0 38 109 669 230 109 669 230 15 35

SBA Advanced State Funding (WRAP)

TOTAL STATE BOARD OF ADMINISTRATION (SBA) ACCOUNTS

SBA Advanced State Funding (Eco System Trust Fund) SBA General Investments

DESCRIPTION

SBA Advanced State Funding (Eco System Trust Fund) SBA Advanced State Funding (FDOT Maintenance and Monitoring)

SBA General Investments

LOCAL GOVERNMENT SURPLUS FUNDS TRUST FUND

SBA Land Resources

SBA Workers' Compensation

ACCOUNT

SBA Benefit Plan

DREYFUS GOVERNMENT CASH MANAGEMENT ACCOUNT 0.38 109,669,230 109,669,230 15.35

FEDERATED GOVERNMENT OBLIGATIONS #5 ACCOUNT 0.45 176,443,944 176,443,944 24.68

RIDGEWORTH GOVERNMENT SECURITIES ACCOUNT 0.35 161 161 0.00

714,853,047 713,642,444 100.00

(279,849) (279,849)

714,573,198 713,362,595

(1) Fund B commingles investments from participants in a portfolio of securities with the objective to maximize the present valueof distributions to participants, to the extent reasonable and prudent, net of fees. This objective emphasizes both the timeliness andextent of the recovery of participants' original principal. This is according to Investment Policy Guidelines, Local Government InvestmentFund B, Part III. Investment Objective (effective 12/21/07). The District is not receiving interest earnings distributions from the SBA-Fund B accounts.

(2) Excess funds from the District's SunTrust Bank Demand Account are transferred to the District's money market accountsdaily. This may result in a negative book balance. However, a positive bank balance is maintained at all times.

TOTAL INVESTMENTS

Weighted average yield on portfolio at March 31, 2009 is 1.55%.

CASH, SUNTRUST DEMAND ACCOUNT (2)

TOTAL CASH AND INVESTMENTS

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTTREASURER'S REPORT TO THE GOVERNING BOARDMarch 31, 2009

EQUITY - CASH AND INVESTMENTS

DISTRICT AND BASINS District General Fund $ 353,782,264 49.50% Alafia River Basin 17,863,633 2.50% Hillsborough River Basin 42,447,509 5.94% Northwest Hillsborough Basin 37,286,836 5.22% Coastal Rivers Basin 15,614,125 2.19% Pinellas-Anclote River Basin 140,688,994 19.69% Withlacoochee River Basin 11,486,449 1.61% Peace River Basin 33,247,889 4.65% Manasota Basin 52,056,950 7.29% SWIM Program 8,463,636 1.18% FDOT Mitigation Program 1,634,913 0.23%

$ 714,573,198 100.00%TOTAL EQUITY IN CASH AND INVESTMENTS

Item


Routine Report

Management Services Significant Activities

The District currently owns and maintains over 880,000 square feet of parking lot and driveway pavement at the four service offices. This pavement, along with the associated stormwater management system, represents a significant capital investment. The District conducted an inventory and inspection of these areas. The inspection found that reconstruction of the heavy equipment area in Brooksville and other preventative maintenance treatment efforts need to be performed to extend the life of the paved surfaces. This work will include repairs of depressions and pot holes, double micro surfacing and crack sealing, and cold in-depth recycling w/S-3overlay where needed. New Activities Since Last Meeting: Florida Highway Products will begin the Project on April 1

Parking Lot Reconstruction/Rehabilitation

st with an expedited completion by the end of the month.

The existing onsite sewer treatment plant was installed in 1976 and is 33 years old. The system cost $30,000 per year to operate and is in need of new air pumps, which will cost around $4,000, and other components will need major repairs in the near future. To keep the systemoperating, staff is spending two hours per day on preventative maintenance. A more cost effective, long-term reliable sewer system for the District requires connecting to the Hernando County sewer line at a budgeted cost of $300,000. Projected annual operating cost will be $6,000 per year. New Activities Since Last Meeting: The District has received and is reviewing the final design and construction documents. The project will go out for bid in April and should be completed by December 2009.

Connection to Hernando County Sewer System

Staff has streamlined the SWIM program reporting within the District’s financial systems. The end result of this effort is more efficient utilization of current District resources through functionality contained within the ADVANTAGE Financial system and BRASS budget software while minimizing the need for development and maintenance of external software applications. The District will fully realize the benefit of these efforts with the adoption of the FY2010 budget. Current Status: District staff has volunteered to serve as the beta site for testing data assurance reports being written for the Business Objects reporting solution. These reports are being delivered in an effort to assure that the relevant financial data correctly populates the data warehouse repository. The beta test is expected to be completed by June 30, 2009. Staff are also pursuing the migration of BRASS to operate with the Oracle 10g database in order to ensure continued vendor support for the product. This is expected to be fully tested by June 30, 2009. Payroll staff continues to work with the Human Resources Department and Information Resources Department implementing a new Human Resources Information System (HRIS). It is expected that Payroll staff participation with the HRIS software implementation will be needed through July 2009. Finally, Financial Systems staff are continuing to assess whether it is most appropriate to upgrade the budget software (BRASS) to the newly available Performance Budgeting system or to upgrade the ADVANTAGE system to the 3.8 release of the software.The estimated completion date is November 2010. Next Major Milestones: A new interface for loading central garage expenses and chemical inventory expenses to the ADVANTAGE Financial system is expected to be completed April 30, 2009. A new interface loading the Verizon wireless invoice directly to ADVANTAGE for payment to be completed April 30, 2009. Projects are on time and within budget.

Financial Systems

Item

Water Management Information SystemThe vision for the WMIS, as defined in the Governing Board approved 2005 Vision Statement, is that it will support the District's activities related to Water Use Permitting, Environmental Resource Permitting, and Well Construction Permitting. In addition, the system will have the ability to store and retrieve Scientific and Regulatory data, as well as the ability to capture and track compliance activities. Specifically, it will:

(WMIS)

� Facilitate and allow for comprehensive demonstration of the District’s accomplishment of its mission and accountability for its performance in meeting its areas of responsibility.

� Provide for the entry, maintenance, analysis, and presentation of the District’s scientific and regulatory data.

� Be easy to use, robust, nimble, and enable appropriate decision-making through the consistent application of the District’s scientific, regulatory, and business processes.

� Be a component of the District’s Strategic Information Systems architecture.This project is scheduled for completion in FY 2010 with planned interim releases designed to continuously improve well-defined District regulatory and scientific functions. Current Status:Efforts have started on Environmental Resource Permits (ERP) development and continue on Water Use Permit enhancements. Public access to register and submit new on-line small general and general WUP applications was made available on March 4, 2009. Next Major Milestones: The next major release is scheduled for early May 2009 and will include on-line submittal for all mining and dewatering applications and individual applications with the exception of public supply permits. These are scheduled for release in the September/October 2009 timeframe. A new WUP portal for condition data submittal is scheduled for June 2009 release. The conversion of Environmental Resource Permits (ERP) functionality from the Mainframe has started with a projected completion date of February 2010, which coincides with all processing being removed from the Mainframe seven months earlier than planned. A second ERP effort to improve business processes started in October 2008 is scheduled for completion in September 2010 as planned. The maintenance team continues to maintain and modify existing systems based on user requested changes. The project remains on time and within budget

Enterprise Content ManagementECM provides for the centralized management of all content and allows quick access to the information in a structured manner. It is critical to the District's business continuity that this information is safe, secured and easily retrievable on demand. The Information Resources Department (IRD) and Records Management share in this task of managing the District's critical information in this environment. Due to requirements listed in FAC 1B-26.003, storage forelectronic records is also a major concern addressed with an ECM infrastructure. The District has already implemented some components of content management such as imaging and workflow processing in the Water Management Information System (WMIS). South Florida and St. Johns Water Management Districts are in like stages of their ECM implementations. AMaster Service Agreement was signed with Iknow, LLC for ECM services on December 31, 2008 and task orders will be issued from this agreement to implement this project. Current Status: The first task order to validate and prioritize requirements, install the solution in a development environment and develop the detailed project plan was completed as scheduled in February 2009. The twelve month project plan has been completed and approved by the sponsors. The second task order has been issued to conduct requirements analysis for the migration of the IBM Vault application to the ECM system in support of IBM Decommissioning.Requirements analysis for the IBM Vault application will be completed by April 17, 2009. NextMajor Milestones: The next two major milestones are new records management capabilities to address replacing the current IBM Vault application by September 2009 and basic content management by October 2009. The project remains on time and within budget.

(ECM)

ItemLand Resources Information SystemIn 1981, the Save Our Rivers program was established by the Florida Legislature for the acquisition of lands necessary for water management, water supply, protection and conservation of water resources. This program was broadened in 1990 with the Preservation 2000 Act and revised in 1999 with the Florida Forever Act. Utilizing these programs, the Southwest Florida Water Management District (District) has acquired fee simple interest in over 330,000 acres and less than fee interest in over 67,000 acres for various water management requirements. The lands that are acquired by the District require management andmaintenance to provide public access, recreational use and protection of the natural systems. Managing these resources requires that District staff have access to comprehensive information for each of the District's properties The LaRIS was envisioned to meet land acquisition and management requirements and significantly improve the business processes. The 2005 LaRIS vision statement states that the system will:

(LaRIS)

� Provide a common, centralized storage location for detailed Land Resources data.� Have user-friendly applications for the input and maintenance of Land Resources data.� Validate information is in proper format.� Generate required documentation output such as detailed reports and map documents.� Allow District staff to easily and efficiently access and utilize the necessary information

pertaining to District-owned lands to perform the duties of their jobs. Funding for this project is reimbursable through the Water Management Lands Trust Fund.Current Status: The Land Management burn components (Burn Planning, Burn Prescriptions, Burn Evaluations and Burn Coordination) have been in production since August 2008. Land Acquisition components have been in place since September 2008. The initial release of Land Use components occurred in January 2009. Enhancements and improvements are being made to all three components in an ongoing effort as the project progresses toward completion. NextMajor Milestones: The project remains on schedule and within budget and is expected to be completed in January 2010.

Project Information Management SystemThe PIMS project was started in FY 2006 as a replacement for a limited function project management system written in Domino/Lotus Notes. The earlier project management solution was a critical resource used by the Governing Board and Basin Boards to evaluate the progress of existing projects. The proposed PIMS solution provides an easier to use process for project definition, automates the integration with the financial systems and provides integration with other district applications including the WMIS, the Surface Water Improvement Management (SWIM) program and document management. It is designed to reduce the administrative effort to maintain the information, improve the accuracy of the information and provide more flexibility in how the information is reported. It also includes Cooperative Funding Initiative (CFI) online access. Current Status: The current system, identified as Phase 1, is in production, but system refinements are ongoing based on user requirements. Next Major Milestones: Work is continuing on a reporting module and on the conversion of historic project records and documents from the Lotus Notes application. These efforts are is scheduled for a June 1, 2009 implementation. . Phase 2 will start in Oct. 09 and will include integration with WMIS, GIS and the new performance budgeting system. Phase I remains on time and within budget for completion in September 2009.

(PIMS)

As discussed in the IRD Five-Year Technology Plan, FY2009 – FY2013, the District has identified the need for better and more refined governance and asset management regarding Unified Communications interoperability which includes but is not limited to voice, video, data and two-way radio frequency (RF) communications. According to the IRD Technology Plan, the major milestones are communications support consolidation in October 2008, Networking Infrastructure and telecommunications upgrades in 2009, Voice over IP in 2010, Unified

Unified Communication Process Improvement

ItemMessaging in 2011 and Unified Communications in 2013. The principles of shared decision making, accountability, business applications and infrastructure for Unified Communications must be part of the District's architecture. This project includes implementing this decision-making structure for coordinating the interoperability of various communications technologiesthroughout the District. The goals of this project are to:� Create a common understanding of communications interoperability at the District� Integrate existing and future communications systems� Establish a process for the acquisition, implementation, on-going support, and maintenance of

this communications infrastructure.� Facilitate training to enhance the efforts of a unified communications strategy.� Ensure close coordination between Finance, Information Resources, Land Resources,

Operations and General Services during all phases of the Unified Communications project.Current Status: The detailed network architecture improvement project started in late November 2008. It is required for Voice over IP and related Unified Communication projects. This is a budgeted item and all procurement actions were complete on April 1, 2009. All analog repeaters have been replaced with digital-capable hardware. The additional frequencies required for the seventh tower were approved by the Federal Communications Commission (FCC) on March 19, 2009. The distribution of these digital mobile devices is being accelerated to ensure the best possible coverage for the FY2009 controlled burn program. Next Major Milestones: A Voice over IP (VoIP) prototype is planned for the beginning of FY2010. The build out of this capability is included in the current FY2010 IRD budget request as a lease. This project currently remains on time and within budget.

Human Resources Information SystemAs identified in the Information Resources Department Five-Year Technology Plan, FY2008 –FY2012, the District requires greater functionality from its Human Resource and Payroll processes. The existing application, Hewitt CYBORG Human Resource and Payroll, is not fully integrated or as robust as required for current demands. The data is currently on multiple hardware and software platforms and must be better integrated to meet current and future processing requirements and to significantly improve workflows. Replacing the currently disparate systems and processes with an integrated solution, will improve data integrity and data analysis. It will also reduce the staff impact caused by developing multiple interfaces to integrate the current systems. Additionally, replacing the current systems with a more current technology helps ensure the District's technical architecture standards are met and the orderly removal of legacy systems from the Mainframe continues on schedule. Current Status: The initial testing of the new Interface Utility started on January 26, 2009, as identified in the project plan, and is complete. There are four areas that must be tested for full end-to-end payroll testing to begin. They are accruals, reports, imports from the General Ledger and Time and Attendance and interaction with the Florida Retirement System. The testing of first of these, accruals, is complete. Testing of the additional three areas began on March 16, 2009. Next Major Milestones: Full payroll testing is scheduled to start after completion of the first payroll in April 2009. While payroll testing continues, NuView and the District are working to ensure that Human Resource Modules such as Employee Self Service, Management Self Service and Recruiting are ready when payroll processing is ready in July 2009. Current testing results show it will be ready on schedule. The project has a planned completion date of September 2009. The current CYBORG Human Resources and Payroll system must be removed from the Mainframe before February 2010. We are currently on track for removal by this date or earlier. Total project remains on time and within budget.

(HRIS)

Employee turnover is widely viewed as a key indicator of an employer's ability to attract and retain the critical talent required carry out the mission and strategic priorities of the enterprise.As a public sector employer, the District has historically achieved turnover relatively low

Employee Turnover

Itemcompared to the private sector and, generally, to other public sector organizations in its geographic area. This District began to experience an upturn in turnover in 2005 that continued in 2006. Specifically, total turnover increased from 7.6% in FY2004 to 9.3% in FY2005 and to 11.3% in FY2006. Early in 2006, at the direction of the Governing Board, the District undertook a major third party study of its compensation and benefit practices. This effort resulted in the adoption of market-based improvements to our direct compensation program, several changes to our benefit plans and the adoption of a District matching contribution arrangement for participants in the deferred compensation plan. Since the efforts in 2006, turnover decreased significantly (see chart below).

Current Status:��For the first six months in FY2009, employee turnover (regular, board-authorized positions)

was 2.7% compared to 3.2% for the same time period in FY2008. Assuming separations continue at the current pace, FY2009 turnover is projected to be 5.4%.

��Retirements account for 42% of the separations in first six months of FY2009. Four more retirements are expected through the end of the fiscal year.

��The number of vacant positions as of February 28, 2009 was 20, two less than the previous month. The average number of vacancies for calendar year 2008 was 25.2.

Human Resources staff will continue to track and report to management on turnover trends to ensure that we are prepared to respond to any unusual upward trends that may occur in the future.



Presenter: Gene Schiller, Deputy Executive Director, Management Services

F.Outreach

&Planning

Com

te

Discussion Items

(15 minutes) (Strategic Plan: Water Supply – Conservation)

(20 minutes) (Strategic Plan: Mission Support)


Routine Reports

Item

Outreach and Planning CommitteeApril 28, 2009

Discussion Item

Florida Water StarSM Gold Certification

PurposeThis item is presented for the Committee's information only, and no action is required. The presentation will update the Committee on the status of the Florida Water StarSM Gold (FWSG) Certification program. The update will include an introduction of the FWSG coordinator, an overview of the program’s first certifiers training held January 14–16 and a review of the official kickoff that was held March 25 at Glencairn Cottages in Dunedin. In addition, the first certified FWSG model homes will be showcased.

Background/HistoryFWSG, a voluntary certification program for builders, encourages water efficiency in household appliances, plumbing fixtures, irrigation systems and landscapes, as well as water quality benefits from best management practices in landscapes. FWSG is based on Florida Water StarSM (FWS), which was originally developed and service-marked by the St. Johns River Water Management District (SJRWMD). When approached by SJRWMD staff about implementing the program within this District, staff developed advanced criteria to ensure consistency with landscaping and water conservation practices promoted by this District since FY2001 through its partnership with the UF/IFAS Florida Yards & Neighborhoods program. This upper tier is called Florida Water Star Gold Certification. Having participated in the development of the gold certification, SJRWMD is now promoting both the Florida Water Star Silver and Gold certification programs. For both levels, a three-tier certification process involves inspection by independent certifiers, project monitoring by quality assurance providers and oversight by water management districts.

Based on SJRWMD's estimates, in the average new home, the small initial investment on the indoor fixtures included in the FWS criteria could save up to 20,000 gallons of water every year per home. FWS landscape and irrigation system design and proper implementation could reduce annual outdoor water use by as much as 40 percent. To measure efficiency, the SJRWMD is engaged in a study with the U.S. Environmental Protection Agency to compare water-efficient homes in 20 communities throughout the country. South Florida Water Management District is currently coordinating with the SJRWMD to develop a FWS certification for occupied homes. SJRWMD's goals for future expansion of the program also include commercial properties and entire communities.

Since October 2008, when the program began in this District with support from the Governing Board and Basin Boards, several critical milestones have been achieved:

• November 12, 2008 ��glas was hired to coordinate the program. • January 14–16, 2009 ��• March 25, 2009 ��

Glencairn Cottages in Dunedin.


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

Presenter: Sylvia Durell, Senior Communications Coordinator, Communications Department

2

Item


Discussion Item

Legislative Update

State Legislative Issues UpdateCommunity and Legislative Affairs staff will discuss current legislative activities as the end of the 2009 legislative session approaches. Staff will update the Governing Board on legislation that could potentially impact the District during this final week. The progress of the budget and any potential appropriations will also be discussed.

Federal Legislative Issues UpdateCommunity and Legislative Affairs staff will provide an update on the District’s efforts to support economic development for water supply and related infrastructure through the Clean Renewable Water Supply Bond legislation.



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

3

Item 6


Routine Report

Comprehensive Plan Amendment and Related Reviews

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

Background/HistoryThe District provides technical and policy information on water resources and water resource management to local governments as they prepare amendments to their local government comprehensive plans. This information encompasses all aspects of water resource management, including water supply, flood protection, water quality and natural systems, and is intended to support sound land use decisions. A number of statutory provisions direct the District in the provision of this assistance, particularly Section 373.0391, Florida Statutes (F.S.), Technical Assistance to Local Governments. As a part of the District's efforts to ensure that appropriate water resource information and policy direction is reflected in local government comprehensive plans, the District conducts reviews of local government proposed plan amendments. The state land planning agency, the Department of Community Affairs (DCA), administers this review process. Comments submitted by the District typically become a part of DCA's "objections, recommendations, and comments" report to the local government. In addition, the District will often perform informal reviews of draft plan updates working directly with local governments.

Benefits/CostsThe benefits of the District's local government technical assistance program are to ensure local government elected officials have sound water resource technical and policy information as they amend their local government comprehensive plans. This helps to ensure local plans are compatible with the District's plans, programs and statutory direction. Costs for this program primarily include staff time and are budgeted in Fund 10 (Governing Board).



Presenter: Roy A. Mazur, Director, Planning Department

4

Local GovernmentDCA

Project #Amend. Type**

Received from Gov't

DCA Comment Request Letter

ReceivedComments

SentDCA ORC Report

Received

Adopted Amend

ReceivedDCA NOI Received

InCompliance? Comments/Issues/Objections

CHARLOTTE 08-2 Regular 04/30/08 05/13/08 06/13/08 07/11/08 09/29/08 11/14/08 Yes Resubmittal of incomplete CPACharlotte 08-PEFE1 Schools 04/28/08 04/28/08 04/30/08 06/27/08 09/29/08 11/14/08 Yes NoneCharlotte 08CIE1 CIE 11/21/08 12/31/08 YesCharlotte 09-1 Regular 09/26/08 09/30/08 10/29/08 12/01/08 2/2/2009 3/31/2009 YesPunta Gorda 08-1 Regular 04/09/08 04/05/08 05/06/08 6/6/2008 09/23/08 10/31/08 Yes FLUM amendments; No commentsPunta Gorda 08-PEFE1 Schools 04/21/08 04/21/08 04/25/08 6/20/2008 not rcvd not rcvdPunta Gorda 08-2ER EAR Based 07/14/08 07/15/08 09/10/08 9/12/2008 11/08/08 01/14/09 Yes EAR Based with RWSPPunta Gorda 09-1 Regular 02/24/09 02/25/09 03/05/09 4/6/2009 2 FLUM revisions due to annexationsCITRUS 08-02 Regular 09/18/08 09/18/08 10/16/08 11/18/08 01/30/09 Yes 43 acre commercial developmentCitrus 08-01 Regular 05/23/08 05/29/08 06/27/08 8/4/2008 10/31/08 Yes Capital Improvements Plan annual updateCrystal River 08-02 Regular 09/02/08 09/11/08 10/10/08 11/18/08 Transfer of Development RightsCrystal River 08-1ER EAR Based 04/28/08 04/23/08 05/27/08 EAR amendmentsHARDEE 08-2 WSP/ Regular 07/09/08 07/28/08 09/10/08 09/28/08 02/13/09 YesBowling Green 08-PEFE1 PSFE 01/02/08 01/16/08 None 03/18/08 08/14/08 Yes SchoolsZolfo Springs WSFWP WSFWP 12/07/08 12/10/08 01/14/09 02/11/09HERNANDO 08-02 Regular 08/06/08 08/08/08 09/04/08 10/03/08 01/05/09 02/06/09 Yes CIP UpdateHIGHLANDS 08-1 Regular 04/15/08 04/15/08 05/06/08 6/10/2008Highlands 08-1PEFE Schools 04/09/08 04/10/08 None 7/1/2008 10/28/08 YesHighlands 08-1 Regular 04/10/08 04/11/08 05/05/08 6/10/2008 10/28/08 YesHighlands WSFWP WSP 06/05/08 06/11/08 06/23/08 8/8/2008Highlands 08-2 Regular 09/16/08 09/18/08 10/31/08 11/19/2008 02/27/09 No Blue Head Ranch, Lake Placid Groves, Westby Ranch; 100 page OAvon Park 08-1 EAR, WSP 04/07/08 04/17/08 05/14/08 6/20/2008 10/16/08 Water Supply PlanLake Placid WSFWP WSP 08/18/08 08/21/08 10/08/08 10/20/2008HILLSBOROUGH 08PEFE1 School 09/11/07 09/11/07 10/10/07 11/09/07 05/07/08 06/20/08 Public education amendments - No substantive commentsHillsborough 08-2 Regular 08/01/08 08/01/08 08/25/08 09/30/08 Not Rcvd 01/13/09 Yes No substantive commentsPlant City 09-1ER Ear-based 10/24/08 10/29/08 12/09/08 12/24/09Tampa 07M1-1 Regular 05/07/07 05/09/07 06/04/07 07/06/07 No substantive commentsTampa 08PEFE1 School 09/11/07 09/11/07 10/10/07 11/09/07 08/12/08 Public education amendments - No substantive commentsTampa 08-1AR AR 04/14/08 04/16/08 05/01/08 05/16/08 Identified flood protection concerns. Tampa 08-2AR AR 08/13/08 08/12/08 09/23/08 10/20/08 02/19/09 EAR-based amendments and water supply work planTemple Terrace 08-1 Regular 12/04/07 11/30/07 12/27/07 01/29/08 No substantive commentsTemple Terrace 09-1ER Ear-based 12/24/08 01/13/09 02/13/09 03/17/09 Made several water supply comments.LAKE 07WSA1 Regular 04/07/07 04/10/07 04/27/07 06/08/07 Not Rcvd Not Rcvd Map amendments/Wekiva Study AreaLake 08-PEFE1 PSFE 09/05/08 09/09/08 10/08/08 11/10/08 12/29/08 02/09/09 No SchoolsLake WSFWP WSP 10/09/08 10/10/08 11/07/08 Water Supply PlanLEVY 08-2ER EAR-Based 05/01/08 05/06/08 06/03/08 07/08/08 12/23/08 02/11/09 Yes Text AmendmentsLevy 08-PEFE1 PSFE 03/24/08 03/25/08 03/31/08 05/24/08 12/18/08 02/11/09 Yes Schools

Inglis 08-1 EAR 12/26/07 01/02/08 01/24/08EAR Review-comments addressed wtr supply, stormwater mgmt, aquifer recharge areas, wtr conserv. & flood control

Bronson 08-PEFE1 PSFE 04/21/08 04/08/08 06/05/08 SchoolsYankeetown 08-01 EAR-Based 11/19/07 11/15/07 12/14/07 01/11/08 Not Rcvd 04/29/08 No Text AmendmentsWilliston 08-PEFE1 PSFE 04/17/08 04/29/08 05/27/08 07/01/08 Not Rcvd 11/14/08 Yes SchoolsWilliston 08-PEFE1 PSFE 04/30/08 04/29/08 05/27/08 06/27/08 Not Rcvd Schools

MANATEE 07-1 Regular 06/04/07 06/01/07 07/03/07 08/01/07 09/28/07Commented on water quality concerns for proposed construction debris and demolition landfill.

Manatee 08PEFE1 School 10/26/07 11/09/07 11/28/07 01/02/08 04/09/08 School Facilities ElementManatee 08D1 DRI 04/09/08 04/10/08 05/12/08 06/09/08Manatee 08-1 Regular 04/15/08 04/17/08 06/16/08 06/20/08 08/05/08 Identified wetland concernsManatee 08-2 Regular 08/11/08 08/10/08 09/09/08 10/20/08 12/16/08 Several water resource concerns identified.Bradenton 08-1 Regular 01/14/08 02/04/08 02/27/08 04/04/08 No substantive commentsBradenton 08-PEFE1 School 06/11/08 06/13/08 07/07/08 08/08/08 10/10/08 School Facilities ElementBradenton 08-2ER EAR 08/29/08 09/16/08 10/14/08Bradenton Beach 09-1ER EAR 12/16/08 12/17/08 01/09/09 Made several comments re: water supply work plan

Holmes Beach NA EAR 04/25/07 04/30/07 05/30/07 N/A N/A N/AEAR Review-comments addressed water supply, coastal mgmt & stormwater management

Holmes Beach 08PEFE1 School 06/13/08 05/27/08 06/17/08 Public education facilities amendment

As of April 8, 2009

Local Government Comprehensive Plan Amendment and Related Reviews Report

5

Local GovernmentDCA


Received from Gov't


ReceivedComments

SentDCA ORC Report

Received

Adopted Amend



As of April 8, 2009


Holmes Beach 08-1ER EAR 08/29/08 09/02/08 10/13/08 10/28/08 03/09/09 EAR and water supply work plan amendmentsLongboat Key 09-1 11/26/08MARION 08-1 Regular 03/24/08 03/21/08 04/21/08 05/20/08 08/12/08 09/18/08 No 10 FLUM amendmentsMarion 07-2 CIE 08/01/07 08/06/07 08/22/07 09/14/07 09/26/07 01/17/08 No Capital Improvement Plan annual updateDunnellon 08-02 Regular 06/04/08 06/06/08 07/03/08 08/04/08 02/17/09 04/09/09 Yes Regional park/conservation (32 acres)Ocala 08-01 Regular 08/25/08 08/27/08 09/05/08 08/18/08 11/21/08 01/07/09 Yes 45 acres public facilities developmentOcala 08PEFE1 PSFE 04/16/08 Not Rcvd 05/13/08 06/13/08 10/27/08 SchoolsOcala 07-02 Regular 10/01/07 10/04/07 10/30/07 12/05/07 03/20/08 02/27/08 No 1.41 million commercial sq. ft.PASCO 07D1 DRI 12/12/06 12/14/06 01/09/07 02/09/07 Not Received Trinity Proposed Phase TransmittalPasco 07D2 DRI 12/12/06 12/14/06 01/12/07 02/09/07 Not Received Pasco Town CentrePasco 07D5 DRI 08/01/07 08/07/07 08/31/07 10/05/07 10/08/08 12/02/08 Yes Starkey Ranch

Pasco 08-2 Regular 03/18/08 03/18/08 04/16/08 05/19/08 09/22/08 11/03/08 No12 FLU Changes, CHHA, CIE/CIP, US 41 Corridor Study, Employment Center adjacent to District-owned land

Pasco 08-RWSP1 10 Yr WSFWP 07/31/08 08/04/08 08/28/08 09/30/08 12/11/09 03/20/09 Yes 10 Year Water Supply Facilities Work PlanPasco 08D1 DRI 08/18/08 08/20/08 08/28/08 10/20/08 12/24/08 02/13/09 Yes Long Lake Ranch DRIZephyrhills 09-1 Regular 11/03/08 11/05/08 11/26/08 01/06/09 2 FLUM Changes: IL to IN and MU to INZephyrhills 09-2ER EAR-Based 03/13/09 03/18/09 Includes 10 Year Water Supply Facilities Work PlanZephyrhills 08-1PEFE PEFE 12/10/07 N/A 01/08/08 04/24/08 10/06/08 12/02/08 Yes Public School Facilities ElementSan Antonio 08-1ER EAR-Based 02/20/08 03/11/08 04/08/08 05/12/08 May include 10-Yr Water Supply Work PlanDade City EAR EAR 10/10/07 10/17/07 11/06/07 N/A 04/10/08 EAR ReviewDade City 08-1PEFE PEFE 12/03/07 N/A 12/05/07 Public School Facilities ElementNew Port Richey 08-1RWSP 10 Yr WSFWP 05/21/08 05/27/08 06/18/08 7/24/08 09/25/08 11/12/08 Yes 10 Yr Water Supply Facilities Work PlanPort Richey 08-1ER EAR-Based 7/7/2008 7/10/2008 8/6/2008 9/8/08 12/18/2008 Text Amendments, Public School Facility ElementSt. Leo 09-1ER EAR-Based 12/22/2009 1/9/2009 2/6/2009 3/9/09 EAR-based amendmentsPINELLASClearwater 07-2AR Regular 09/26/07 10/01/07 10/19/07 10/26/07 566 residential unitsClearwater 08RWSP1 WSFWP 06/06/08 06/06/08 07/09/08 8/1/08 12/08/08 Yes 10-Year Water Supply PlanClearwater 08-2AR AR 09/16/08 09/16/08 10/15/08 11/18/08 01/05/09 02/23/09 Yes Alternative ReviewDunedin 08-1AR AR 11/06/07 11/06/07 11/29/07 12/11/07Dunedin 08-1ER EAR 07/11/08 07/08/08 07/31/08 9/5/08 EARDunedin 08RWSP1 WSFWP 05/23/08 05/22/08 06/13/08 7/22/08 09/30/08 11/20/08 Yes 10-Year Water Supply PlanGulfport 08-1ARA Regular 07/15/08 07/22/08 08/15/08 9/15/08 EAR ReviewGulfport 08-1ARB AR 07/15/08 07/22/08 08/15/08 9/6/08 09/29/08 11/18/08 Yes FLUMGulfport 09PEFE1 PEFE 10/29/08 10/29/08 None 02/12/09Largo 07-1 Regular 02/20/07 02/20/07 None 04/20/07 DCA noted deficiency in submitted ammendment on 12/26/06Largo 08-2ARA AR 07/29/08 08/25/08 08/25/08 09/26/08 01/28/09 Yes Alternative ReviewLargo 08-2ARB EAR 07/29/08 08/25/08 08/25/08 09/26/08 EAR ReviewMadeira Beach 09-1AR AR 12/09/08 12/16/08 01/09/09 01/14/09N. Redington Beach 07-1ER EAR 06/23/07 06/26/07 08/22/07 09/25/07 11/29/07 01/09/08 Yes 10-Year Water Supply PlanN. Redington Beach 09-1 Regular 11/24/08 11/26/08 None 01/28/09Oldsmar ASRPP Regular 08/29/07 Not Rcvd 09/13/07 Public School Facilities ElementOldsmar 8-1ARA (08-2ER EAR 03/28/08 03/28/08 05/01/08 05/23/08 08/25/08 10/14/08 Yes EAR ReviewPinellas 07-1 Regular 12/11/06 12/14/06 01/05/07 02/09/07 04/23/07 2 FLUM ChangesPinellas 08-2AR AR 08/06/08 08/06/08 None 09/05/08 11/21/08 Alternative ReviewPinellas 09-1AR AR 11/06/08 11/10/08 12/10/08 12/10/08 Alternative ReviewPinellas Park 07PEFE-1 PEFE 10/16/07 10/18/07 10/19/07 Public School Facilities ElementPinellas Park 09-1ER EAR 12/19/08 12/22/08 01/09/09 02/18/09 10-Year Water Supply PlanRedington Beach 08-1ER EAR 08/18/08 09/19/08 11/10/08 12/30/08 02/13/09 Yes EAR ReviewRedington Shores 08-1AR EAR 09/02/08 10/11/08 None 11/18/08 EAR ReviewSt. Petersburg 08-01ARB AR 12/18/07 12/18/07 None 10/23/08 FLUMSt. Petersburg 08-02ARB AR 09/16/08 09/16/08 10/14/08 11/14/08 10/28/08 Alternative ReviewSt. Petersburg 09-1AR AR 03/16/09 04/16/09 Alternative ReviewSt. Pete Beach 08-2AR AR 06/25/08 07/03/08 07/25/08 08/05/08 08/26/08 10/09/08 Yes Alternative ReviewSt. Pete Beach 09-1ER EAR 12/31/08 01/31/09 None 03/03/09Seminole 08-PEFE1 PEFE 07/24/08 08/21/08 None 09/26/08 01/14/09 Yes PEFETarpon Springs 08-1ER EAR 01/09/08 01/11/08 02/20/08 03/06/08 07/11/08 10/02/08 Yes EAR Review

6

Local GovernmentDCA


Received from Gov't


ReceivedComments

SentDCA ORC Report

Received

Adopted Amend



As of April 8, 2009


Tarpon Springs 08RWSP1 WSFWP 06/04/08 06/05/08 07/03/08 08/04/08 09/25/08 11/13/08 Yes 10-Year Water Supply PlanTarpon Springs 08-2AR AR 09/28/08 09/28/08 None 10/28/08 10/20/08 FLUMTarpon Springs 09-1AR AR 03/04/09 04/04/09 Alternative ReviewPOLK 08-2 Regular 08/21/08 08/21/08 None 10/22/08Polk 08-RWSP1 WSFWP 03/17/08 03/20/08 05/06/08 05/19/08 Water Supply PlanAuburndale 08-1 Regular 08/26/08 09/02/08 None 10/30/08 03/09/09 YesAuburndale 08/09-WSFWP WSFWP 09/28/08 10/02/08 11/24/08 12/02/08 03/25/09 YesBartow WSFWP WSP 09/24/08 09/25/08 11/18/08 12/03/08 10 Yr WSP - Clear SpringsBartow 08-1 Sector Plan 05/13/08 05/16/08 06/20/08 07/17/08 11/12/08 Yes Clear Springs Sector Plan - CPOFrostproof 08-RWSP1 WSP 07/21/08 07/24/08 08/25/08 09/23/08Frostproof 08-2 Regular 08/07/08 09/17/08 None 10/14/08 These were omitted from 08-1 and re-submitted.Haines City 07-2/08-1 Regular 08/06/07 08/06/07 08/10/07 10/22/07Haines City 08-1 Regular 07/21/08 07/24/08 None 09/23/08 City View SAPLake Alfred 08-1 WSP WSFWP 04/16/08 04/17/08 05/17/08 06/13/08 02/13/09 Yes Water Supply PlanLake Wales 07-2/08-1 Regular 10/03/07 10/04/07 None 12/05/07 03/11/08 NoLake Wales 08-2 Regular 08/02/08 08/04/08 None 09/30/08 12/08/08 YesPolk City 08-1 Regular 06/30/08 06/30/08 None 08/27/08 02/13/09 Yes No WSP from LG - DCA mix up?Sarasota 07-D1 DRI 02/08/07 02/12/07 None 04/11/07 08/03/07 09/13/07 No SIPOC - FLUM amendmentSarasota 08-CIE1 CIE 12/03/08 N/A N/A N/A N/A 02/25/09 Yes 1st submittal incomplete, resubmittalCity of Sarasota 08-1ER EAR based 05/02/08 05/06/08 06/04/08 07/03/08 12/22/08 02/11/09 Yes WS Plan includedVenice 07-2ER EAR based 07/09/07 07/19/07 08/14/07 09/17/07 Not Rcvd Not RcvdVenice 08-PEFE! Schools 02/02/09 not rcvd noneNorth Port 08-1ER EAR based 06/25/08 07/27/08 08/19/08 08/26/08 12/24/08 03/27/09 Yes EAR based with RWSPNorth Port 08-2 Regular 06/30/08 N/A N/A N/A N/A N/A N/A Returned; EAR Basednot adoptedNorth Port 09D1 DRI 01/06/09 01/26/09 02/09/09 Isles of AthenaLong Boat Key 09-1 Regular 11/25/08 11/25/08 12/11/08 01/23/09Center Hill 08-01 Regular 07/28/08 07/25/08 08/11/08 09/02/08 11/20/08 12/01/08 Yes 96 acres land uase changeSumter 08-2 Regular 10/09/08 10/22/08 11/20/08 12/22/08 02/27/01 RV Park developmentSumter 08-1 Regular 05/02/08 05/21/08 06/19/08 07/21/08 11/03/08 89 acres land use changeWildwood 08D1 DRI 02/07/08 02/13/08 03/21/08 09/21/08 11/06/08 12/31/08 No 8,025 homesWildwood 08D2 DRI 06/19/08 06/26/08 07/24/08 08/25/08 11/21/08 12/31/08 No 1.2 million sq ft (commercial development)Wildwood 07D1 DRI 07/24/07 07/26/07 08/23/07 09/25/07 11/13/08 12/31/08 No 3,000 homesWildwood 07D2 DRI 07/24/07 07/26/07 08/23/07 09/25/07 12/11/08 12/31/08 No 2,262 homesWildwood 07-1 Regular 07/06/07 06/29/07 07/27/07 08/27/07 Not Rcvd 01/22/08 No 1,632 acre annexation

NOTES

Evaluation and Appraisal Reports (EARs) are not plan amendements but are required every 7 years. EAR-Based amendments are required 18 months after the report is determined to be sufficient by the State.

Key to Abbreviations:DCA = FL Dept. of Community AffairsORC Report = Objections, Recommendations & CommentsNOI = Notice of Intent = Determination by DCA whether amendment is in compliance with statutes and rulesEAR = Evaluation and Appraisal ReportDRI = Development of Regional ImpactPRD = Preliminary Review DeterminationASRPP=DCA pilot program for Pinellas and Broward Counties, and the cities of Tampa and Hialeah

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

7

Item 6


Routine Report

Development of Regional Impact Activity Reviews

PurposeThis report is provided for the Committee's information and shows District activity in the review of Developments of Regional Impact (DRIs). Staff updates the report monthly, showing new or changed information in bold.

Background/HistoryThe District participates in the review of Developments of Regional Impact (DRIs) pursuant to Section 380.06, Florida Statutes. DRI's are large-scale development projects that exceed statutorily specified thresholds such that the project is assumed to have potential impacts that transcend multiple local government jurisdictions. The District is one of several agencies that are required to participate in the review process, which is administered by the regional planning councils. The District has also entered into memoranda of agreement with the Central Florida, Southwest Florida, Tampa Bay and Withlacoochee regional planning councils to more specifically outline the District's DRI review responsibilities. The District provides water resource management technical and policy information to the regional planning councils and local governments to assist them in making well-informed growth management decisions.

Benefits/CostsThe benefits of the District's DRI review program are to ensure regional planning councils and local government elected officials have sound water resource technical and policy information as they consider large scale development proposals. This helps to ensure these developments are compatible with the District's plans, programs and statutory directives. Costs for this program primarily include staff time and are budgeted in Fund 10 (Governing Board).



Presenter: Roy A. Mazur, Director, Planning Department

8

Page 1 of 4

Project Name Govt's Project Type AcreageAppl. Type

Pre-App Mtg. Date

Receipt Date

Sufficiency Comments

Sent

Final Comments

Sent Comments

Westby Ranch Highlands Mixed Use 12,000 ADA 1/23/2008

CSX Railroad Winter HavenRailroad Terminal 318 ADA 10/15/2007 10/5/2007

Lake Placid Groves Highlands Mixed Use 2,144 ADA 2/8/08CF Industries South Pasture

Mine Extension HardeePhosphate

Mine 6,750 SD 6/1/05 3/3/05 8/10/06 No increase in water use anticipated.

FL International Aiport Hardee & PolkAirport/ Mixed

Use 22,400 ADA 3/23/05Significant transportation improvements may accompany this major project.

Four Corners Town Center Polk Commercial 130 ADA 3/1/05 7/7/05Commercial center (open air mall) at SR 54 and HWY 27 in NE Polk County

Mosaic Regional Process Water Treatment Pond Polk Industrial 173 SD 6/23/05 8/8/05

Project to address water storage and water quality at Mosaic chemical plants.

Williams Lakeland Mixed Use 255 NOPC 5/5/05 6/7/05Omission of parcels to become USF Lakeland Campus - approx. 530 acres

Lakeland Central Park Lakeland Mixed Use 718 ADA 7/15/05 11/17/05 1/3/06Mixed Use development on the west side of Lakeland near the Rooms to Go HQ; some wetland issues

Champion's Gate Polk & Osceola Mixed Use 100+/- ADA 12/7/05 1/31/06 2/10/06Transferapproved entitlements from Osceola to Polk County concerning the development of Champion's Gate

Village of Valencia Lake DeSoto County Mixed Use 4,000 ADA 10/30/07

Carlton Ranch DeSoto Mixed Use 5,860 ADA 8/8/05Major new project proposed in eastern DeSoto County; 17,000 homes proposed

Harborview Charlotte Co. Mixed Use 653 SD 11/17/2006 8/20/07 9/20/07 ADA Suffiency

Punta Gorda Town Center Punta Gorda Mixed Use 195.6 Pre-App 9/21/2005 9/15/05 Pre-App only so far

Lakewood Ranch Corp Park Sarasota Co. Mixed Use NOPC 1/11/2008 None NoneVillages Lakewood Ranch

South Sarasota Co. Mixed Use 2156 ADA 11/10/2008 12/9/2008 Villages type development under Sarasota 2050 overlayMurdock Center Charlotte Co. Mixed Use NOPC 9/9/2008 10/21/2008

Babcock Ranch Community Charlotte Co. Mixed Use 13,630 ADA 1/16/2009 SFWMD - coord review re: WS & GW impacts Incr 1 2,980 ac

As of April 8, 2009

DRI Activity Report

CFRPC

SWFRPC

9

Page 2 of 4


Pre-App Mtg. Date

Receipt Date


Sent

Final Comments

Sent Comments

As of April 8, 2009

DRI Activity Report

Apollo Beach Hillsborough Mixed UseNot

Provided NOPC 9/8/05

09/22/05 10/13/05 12/14/05 03/15/06 09/23/06 01/18/07 Review on 9/22/05 dealt with time extension for build out.

Wolf Creek Branch Hillsborough Mixed Use 1,618 SD 9/7/05

10/18/05 02/10/06 04/04/06 05/18/06 06/22/06 11/07/07

01/15/2008Project proposes 4,505 residential units, 457,380 s.f. of commercial/office, 2 schools and 121 acres of recreation.

Rocky Point Harbor Hillsborough Residential NOPC05/11/06 07/18/06 Proposes 35 wet slips.

Fishhawk Ranch Hillsborough Residential 70 NOPC 4/24/0705/24/2007 08/06/2007 Proposes the addition of 70 acres to existing DRI.

Heritage Harbor Manatee Mixed Use 288 NOPC 7/2/04

7/28/04 1/19/05

05/30/06 09/05/06 12/18/06 Proposes the addition of 288 acres to existing DRI.

Gulf Coast Factory Shops Manatee Commercial 25 NOPC 11/22/05

12/19/05 04/17/06 09/19/06 02/22/07

Proposal to extend build out, add 24 acres, add 7,500 s.f. restaurant, relocate drainage and establish additional project entrance.

University Lakes Manatee Mixed Use 4,033 NOPC 3/1/06

03/01/06 08/15/06 12/18/06 07/27/07

Proposal to add 812 residential units, 120,000 sf of office and 405 hotel rooms.

Four Corners Mine ManateePhosphate

Mining 299 NOPC 2/19/07 3/22/07 Proposal to add 299 acres to Four Corners boundary.

University Commons Manatee Commercial 30 NOPC 3/16/07

04/10/2007 10/02/2007 04/28/08 Proposes to add 60,578 sf of commercial development.

Mosaic SE Tract (Manson-Jenkings) Manatee

Phosphate Mining 103 NOPC 7/20/07 8/15/07

Proposes the addition of 103 acres and other changes to connect property with the Wingate Creek.

Mosaic Wingate Creek Mine ManateePhosphate

Mining N/A NOPC 7/20/0708/15/2007 01/18/2008

Proposes changes to mine plan, setback area, waste disposal plan and trucking route.

TBRPC

10

Page 3 of 4


Pre-App Mtg. Date

Receipt Date


Sent

Final Comments

Sent Comments

As of April 8, 2009

DRI Activity Report

Cypress Banks Manatee Mixed Use 3,879 NOPC 11/23/0712/18/2007 06/25/08

Gateway North Manatee Mixed Use 1,065 NOPC06/13/2008 07/14/2008 Modifications to internal roadway system and school site

SunWest Harbourtowne Pasco Mixed Use 2,640 ADA 3/26/07

10/03/07 03/05/08 9/18/08 1/7/09

11/01/07 04/01/08 10/16/08 2/5/2009

On the Gulf of Mexico, near Aripeka. District is co-applicant. 2,500 res; 540,000 sf office/retail; hotel; marina; golf course.

Mitchell Ranch Plaza Pasco Mixed Use 126 NOPC8/16/2005 03/18/08

9/2/2005 04/08/08

Eliminate Phases/theatre, add hospital/med ofc/hotel, reduce retail, accelerate buildout

Connerton Pasco Mixed Use 166 NOPC 8/3/05 8/23/05 Changes to the Employment CenterConnerton Pasco Mixed Use 1,115 NOPC 12/27/05 Development of Village 5

Bexley Ranch Pasco Mixed Use NOPC7/25/2007 01/05/09 7/31/07 Extension request, Transportation analysis changes

Suncoast Crossings Pasco Mixed Use 66 NOPC 7/20/077/31/2007 04/29/08

Combine office entitlements into 1 parcel, unused shift office entitlements, add Research and Development uses

The Grove @ Wesley Chapel Pasco Mixed Use 120 NOPC N/A

6/23/2008 9/10/08

7/7/2008 9/22/08

Add 62.32 acres; Add Hotel to Land Use Trade Off Mechanism; Reduce movie seats

Carillon St. Petersburg Office 180 NOPC 4/6/05 4/18/05Increase Office entitlements by 65K sq ft, change name of developer.

Shoppes at Park Place Pinellas Park Mixed Use 67 NOPC 4/11/05 4/22/05 Add a .44 acre parcel to the project site

Bay Area Outlet Mall Largo Mixed Use 34 NOPC 4/24/06 N/ATBRPC is asking for more comments in order to consider the changes proposed not a Substantial Deviation.

Largo Town Center (AKA) Bay Area Outlet Mall Largo Mixed Use 34 NOPC

10/3/2006 01/18/07 09/21/07

10/11/2006 01/22/07 04/05/07 10/19/07

Developer provided answers to questions proposed in regards to traffic generation and specific development order changes./ Declared sufficient.

Trinity Communities Pasco & Pinellas Mixed Use 4 NOPC4/5/2007 10/01/07

4/23/2007 10/05/07 04/08/08

Extend build out date, add 136K mediucal office space, 115 residential units, reduce commnercial/retail use.

Gateway Centre Pinellas Park Mixed Use 558 NOPC5/2/2007

11/14/2008 N/A Response to questions posed on Transportation issues.

Long Lake Ranch Pasco Mixed Use 83 NOPC8/15/2008 9/30/08 8/28/08 10/20/2008

Changes land uses, phasing schedule, and project area acreage.

Hernando Oaks Hernando Residential 1,149 ADA 2/22/06 2/3/06 8/18/06 1,525 residential units

Secret Promise Lake Mixed Use 3,747 ADA 12/29/05 8/21/06

9/11/06 8/06/07

03/21/08 7,000 residential units

WRPC

11

Page 4 of 4


Pre-App Mtg. Date

Receipt Date


Sent

Final Comments

Sent Comments

As of April 8, 2009

DRI Activity Report

Renaissance Trails Sumter Mixed Use 1,311 ADA 12/16/05 7/10/0608/11/06 02/09/07 2,262 residential units

Villages of Wildwood Sumter Mixed Use 340 SD 6/18/2007 5/21/072/25/2008 04/28/08 10/24/2008 Third Town Center of The Villages in Wildwood

Quarry Preserve Hernando Mixed Use 4,250 ADA 6/7/2007 5/29/073/20/208 11/28/08 1,900 residential units

Key to Abbreviations: CFRPC: Central Florida Regional Planning Council WRPC: Withlacoochee Regional Planning Council

SWFRPC: Southwest Florida Regional Planning Council ADA: Application for Development ApprovalTBRPC: 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 areaBold text indicates a change from previous report

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Outreach and Planning Committee April 28, 2009

Routine Report

Speakers Bureau

PurposeThis report is provided for the Committee's information and shows District staff participation in the outreach performed by the Speakers' Bureau program.

BackgroundThe District has had a Speaker’s Bureau Program since the early 1970s. For the past 20 years, the Program has been administered by the Community and Legislative Affairs Department (CLA) or the Communications Department. Currently, the program is managed by Susan Kessel of the CLA Department. The Speakers Bureau coordinates staff experts and generalists to speak or make presentations to interested community or business groups, or to address professional, governmental or technical groups on a variety of issues. The types of groups and organizations requesting a speaker is varied: civic organizations (Rotary, Kiwanis, Sertoma, etc.), chambers of commerce, colleges and high schools, and associations (homeowners, engineering, realtors, developers, etc.). Every request in the past two years has been honored. Over the past several years, staff has developed a library of PowerPoint presentations to go along with our popular Water 101 video. State-of-the-art audio-visual equipment is available in all of the service offices to accommodate presentations in those areas.

The following table summarizes the Speakers' Bureau activities for the past three months.

Organization Topic Aud Speaker DeptJanuary 2009Summer Springs HOA Water 101 40 Ed Hobin CLAHeritage Isles HOA Water 101 20 Ed Hobin CLARainbow Springs HOA Water 101 180 Ed Hobin CLASandy Hills HOA Water 101 16 Ed Hobin CLARotary Club of Sarasota Sunshine Water 101 50 Ed Hobin CLASun City Center Shrine Club Water 101 90 Ed Hobin CLAFlorida Rural Water Assn Board/Staff Cooperative Funding 10 Ed Hobin CLALeadership Tampa Bay Water 101 50 Ed Hobin CLAPGA Golf Course Owners Assn. Drought/Permitting 44 Ed Hobin CLACamellia Garden Club of Winter Haven Drought/Conservation 35 Danny Kushmer CLAEast Polk Committee of 100 WRAP 75 Danny Kushmer CLASenate Environmental Preservation Comm Budget/Projects Priorities 2009 150 David Moore EXESt. Pete Times Editorial Board Drought/Conservation/Budget 7 David Moore EXETampa Tribune Editorial Board Drought/Conservation/Budget 5 David Moore EXETemple Terrace Task Force Hills. Middle River Issues 30 David Moore EXEHernando County Groundwater Guardians Drought/Conservation 20 Lois Soresen REGRotary Club of Spring Hill Drought/Conservation 18 Ed Hobin CLATemple Terrace HOA Water 101 45 Ed Hobin CLASouthgate HOA Pasco Water 101 30 Ed Hobin CLAFebruary 2009Isles at Palmer Ranch Water 101 10 Ed Hobin CLACountry Club Hills HOA/Villages Water 101 40 Ed Hobin CLASumter Cnty. Ex. Nursery Production Sch. Outlook on Water Availability 28 Ed Hobin CLAHernando Cnty. Ext,/ Fl. Friendly Workshop Drought Update 60 Ed Hobin CLAUF Law School/Public Interest Environmental Conference Water Supply Issues/Reclaimed 70 Ed Hobin CLA

Cypress Lakes HOA (Polk) Water 101 22 Ed Hobin CLALake Ridge Falls HOA (Sarasota) Current/Future Water Supply 32 Ed Hobin CLARotary Club of Temple Terrace Water 101 18 Ed Hobin CLALeadership Plant City Water 101 20 Ed Hobin CLA

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ItemOrganization Topic Aud Speaker Dept

DEP/FRWA Focus on Change (Leesburg) Conserve Florida 210 Ed Hobin CLADEP/FRWA Focus on Change (Lake Alfred) Conserve Florida 140 Ed Hobin CLABarrier Island Gov. Council (Big-C Pinellas) Water 101 33 Ed Hobin CLAKiwanis Club of Brooksville Ridge Water 101 30 Ed Hobin CLARotary Club of Pinellas Park Water 101 60 Ed Hobin CLALeadership Citrus Water 101 20 Ed Hobin CLARotary Club of Brandon 86 Water 101 60 Ed Hobin CLARotaract Club of Hernando County Drought/Conservation 12 Ed Hobin CLAHernando County Connection TV Drought/Conservation 20 Ed Hobin CLARotary Club of Spring Hill Central Drought/Conservation 30 Ed Hobin CLASertoma Club of Winter Haven Drought/Conservation 25 Danny Kushmer CLAManatee Chamber of Commerce Doing Business / Local Govts.. 130 Terri Behling CLANorth Forest Hills HOA Drought/Conservation 20 Michael Molligan COMMarine Science Station Sea Grass 30 Keith Kolasa ENVSea Pines HOA Coastal Rivers/Sea Grasses 40 Keith Kolasa ENVWithlacoochee Gulf Preserve Yankeetown Land Stewardship/Legacy Program 100 Lou Kavouras EXEFlorida Friendly Landscape Workshop Landscaping 60 Lou Kavouras EXEPlant City Water Reclamation Facility Expansion/Upgrade Dedication 250 Jennifer Closshey BRDThe Villages HOA Newcomer’s Outreach Conservation 100 Douglas Tharp BRDLeisure Beach Civic Association Water 101 20 Dianne Davies PLNKeystone Civic Association Water Supply 40 Mark Barcelo PRJUF Law School/Public Interest Environmental Conference Desal/Tampa Bay Experience 70 Ken Herd PRJ

Punta Gorda HOA Drought/Conservation 30 David Jenkins REGMarch 2009Theresa Arbor HOA (Hillsborough) Water 101 110 Ed Hobin CLATimber Pines Men’s Club (Hernando) Water 101 22 Ed Hobin CLARotary Club of Indian Rocks Beach Water 101 20 Ed Hobin CLARotary Club of New Tampa - Evening Water 101 65 Ed Hobin CLARotary Club of Brandon South Drought/Conservation 22 Ed Hobin CLASt. John’s United Methodist Men’s Club Drought/Conservation 32 Ed Hobin CLAGreater Tampa Sertoma Water 101/Drought 14 Ed Hobin CLAEnvironmental Advisory Committee Legislative Update 15 Ed Hobin CLAFriends of Honeymoon Island State Park Water 101 50 Ed Hobin CLACharlotte Harbor Water Assoc./Utility Mgrs. Drought 8 Ed Hobin CLAHadassah Women’s Club (Hernando) Drought 11 Ed Hobin CLACitrus County Fair Booth (three days) Drought/Water Conservation 75 Ed Hobin CLAHernando County BOCC Water Conservation Proclamation 50 Ed Hobin CLADavenport City Council Water Conservation 20 Danny Kushmer CLAAvon Park City Council Water Conservation 25 Danny Kushmer CLAZolfo Springs City Council Water Conservation 10 Danny Kushmer CLALakeland City Council Water Conservation 40 Danny Kushmer CLARidge League of Cities Drought/Water Conservation 173 Danny Kushmer CLAHardee County Farm Bureau Drought/WRAP 12 Danny Kushmer CLAGolf Lakes Mobile Home Park Drought/Conservation 225 Terri Behling CLAAWRA Water Dev./Conservation 50 Brent White DEVHernando County Community Summit Drought/Conservation 90 Cheryl Hill LNDFlorida Water Star Gold Program Conservation/Stewardship 100 Sallie Parks GOVFlorida Water Star Gold Program Conservation/Stewardship 100 M. Rovina-Forino GOVSuncoast Green Wave Expo Water Conservation Table Top Event CLAThe Villages HOA New Comers Outreach Water Conservation 80 Doug Tharp GOVMarion County Expo for HOA’s Water Conservation 200 Doug Sanders PLNHernando County Utilities Drought/Conservation Lois Sorensen REGProducer Resource Seminar Hillsborough County AEDC AGSWIM Program 71 Jeff Whealton REG

Rotonda West HOA Reclaimed Water/Drought 73 Scott Petersen REGVolunteer Appreciation Day/Green Swamp Volunteer Recognition 200 David Moore EXE

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Key to Organization Abbreviations Key to Department AbbreviationsAssn - Association CLA - Community & Legislative Affairs

AWWA - American Water Works Association COM - CommunicationsC of C - Chamber of Commerce EXE - ExecutiveComm - Commission OPS - OperationsComte - Committee PLN - PlanningDAR - Daughters of the American Revolution PRJ - Resource ProjectsFFG - Florida Fruit Growers REG - Regulation DepartmentIFAS - Institute of Food & Agricultural Sciences RPM - Regulation Performance ManagementHOA - Homeowners Association

PHCC - Pasco-Hernando Community College GOV - Governing BoardUF - University of Florida

USF - University of South FloridaW/S - Workshop

Benefits/CostsThe benefit of the Speakers' Bureau program is the ongoing education of the public and community leaders regarding water resource management. The program provides an opportunity for interaction among the public and District staff knowledgeable in all areas of the District's statutory responsibilities and it provides a mechanism for communication of District priorities and concerns. Additionally, the program is utilized as a tool to influence behavior change in the areas of water conservation and to ensure support for the District's legislative initiatives.



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

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Item 6


Routine Report

Significant Activities

Conservation MessagingSince January 2007, the District's conservation messaging has been dominated by drought messaging. Such messaging includes an ongoing grass-roots communications effort using existing tools such as the Speakers Bureau, news media outreach and public affairs programming, as well as outreach to homeowners associations (HOAs), community groups, landscape irrigation professionals, churches and others. The District also developed a web page at WaterMatters.org/drought to serve as a “one-stop-shopping” resource for the public to obtain information on the drought, water restrictions and conservation. Communications staff has continued updating and distributing a PowerPoint presentation, copy points and collateral materials to District staff to reach many of the key target audiences identified in the FY2008 and FY2009 Drought Communications Plan. A radio PSA campaign featuring the District's executive director was launched in mid-October to run through mid-December 2008 in the Tampa Bay region to support the various county and city utilities' and Tampa Bay Water's water conservation messaging efforts. The campaign’s budget was $225,000. In response to the continued dry conditions, an additional drought media buy was placed in January and February. This campaign’s budget was $200,000. Communications staff distributed a guest column by Governing Board Chair Neil Combee on the tightening of the water restrictions to local media as well as more than 1,900 HOAs and 18 organizations for their newsletters. In addition, staff held a conference call and online presentation with Tampa TV meteorologists in November and conducted a sit-down meeting with WTSP-TV CH 10's new chief and morning meteorologists. Communications staff distributed a Skip a Week article and ad to more than 2,000 HOAs and 18 organizations for their newsletters. Staff secured utility bill stuffers promoting Reduce Your Use in Hillsborough, Pinellas and Pasco counties as well as the cities of Tampa and St. Petersburg that reached an estimated 537,000 homes in February and March. Communications staff conducted four drought editorial board meetings in January with the St. Petersburg Times, The Tampa Tribune, Sarasota Herald-Tribune and the Charlotte Sun Herald. Staff conducted a media day for Tampa Bay area reporters in January to visit Royal Stewart Arms, a community that successfully puts Skip a Week and Florida-friendly landscaping into practice, which resulted in coverage by the St. Petersburg Times and WTSP-TV CH 10. As part of its grass-roots communications efforts, staff worked with the National Football League to place 112 conservation signs in 16 restroom trailers in the VIP areas around Raymond James Stadium for the Super Bowl on February 1. At its February meeting, the Governing Board approved an additional $200,000 for media messaging to offset the additional funds used for messaging in January and February. The spring media campaign began in March and runs through April. A total budget of $540,000 is anticipated to be spent during this buy. The spring campaign consists of radio, television and print ads featuring water conservation. One of the messagescalls attention to the seriousness of the drought. As part of the current media buy, Communications staff is working with the WTSP-TV CH 10 Weather Department on daily drought updates throughout March and April in the morning and the 4 p.m. “Life Around the Bay” shows. The updates include information on rainfall, water restrictions, aquifer and river levels, and water conservation. Communications staff conducted four drought editorial board meetings in February and March with the Pasco and Hernando Times, Ocala Star-Banner, Citrus County Chronicle and Hernando Today. Staff distributed a news release, updated the District’s web site and conducted more than 15 media interviews on the Governing Board's decision to implement Phase III water restrictions in Manatee, Sarasota, Charlotte and DeSoto counties and enhance the Phase III restrictions in Hillsborough, Pasco and Pinellas counties. Since October 2008, staff has issued 24 news releases on the drought. New Activities Since Last Meeting — In March, staff emailed a water shortage article to more than 140 HOAs currently under Phase II and III water restrictions. Staff developed an article for the Florida

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Item 6Restaurant & Lodging Association’s web site on new water restrictions for restaurants. Staff conducted sit-down meetings with chief meteorologists at WFLA-TV Ch 8, Bay News 9 and WTVT-TV FOX 13 to discuss the drought and the water shortage. Staff distributed a news release and fact sheet, updated the District’s web site and responded to more than 50 media inquiries on the Governing Board’s decision to implement Phase IV water restrictions in Hillsborough, Pasco and Pinellas counties. In response to Water Conservation Month, staff developed and launched an online water-use calculator and water conservation pledge on the District’s web site. This simple online tool shows both individual and household use. The user is then encouraged to take a pledge to reduce water use by 10 percent and is given suggestions for achieving that goal. Once the calculator and pledge are completed, the user is notified by email and placed in a monthly drawing for either a rain barrel or micro-irrigation kit. Staff also distributed multiple news releases throughout Water Conservation Month with indoor and outdoor water conservation tips.

Water Conservation Hotel and Motel Program (Water CHAMP) and Water Program for Restaurant Outreach (Water PRO)Water CHAMP promotes water conservation in hotels and motels through a towel and linen reuse program that encourages guests to use their towels and linens more than once during their stay. Participating hotels and motels receive materials that explain Water CHAMP to staff members and guests. Materials include towel reuse cards, linen reuse cards, environmental table brochures, guest comment cards, staff training materials and an environmental self-audit checklist — all free of charge. Educational workshops on additional ways to save water are also provided to the participating hotels and motels. Surveys of guests staying in Water CHAMP properties indicate that guests like the program and believe conserving water makes a difference to the environment. Staff has completed a Districtwide five-year follow-up water audit confirming Water CHAMP’s effectiveness at maintaining water savings. The audit was conducted in cooperation with 16 utility companies to determine the current level of water savings. The audit compared water consumption of 115 Water CHAMP participants before the program's implementation in 2002 to water use in 2007. The audit showed that participants saved an average of 17 gallons of water per occupied room per day. Based on these audit findings, the cost benefit for the program, using the total cost amortized over five years, is $0.47 per thousand gallons of water saved. The Water CHAMP coordinator also coordinates the Water Program for Restaurant Outreach (Water PRO), which extends water conservation achieved through the Water CHAMP program by promoting water conservation in restaurants. Staff educates both restaurateurs and guests through free materials such as table tents, children's coloring sheets, coasters and self-audit checklists. "We serve water only upon request" buttons are also available for wait staff. New Activities Since Last Meeting — Water CHAMP currently has 48 percent of all hotels/motels in the District participating in the program. Since many of the small bed and breakfast properties do not participate because guests launder their own linens, calculating the percentage of Water CHAMP properties based on the number of rooms gives a more accurate picture of the program's success. Of the 468 hotels/motels within the District with 50 or more rooms, 323 are CHAMP properties, or 69 percent. Staff is working with a variety of partners to include the Water CHAMP logo next to participating properties in several visitor guides. The City of Sarasota has placed links to the Water CHAMP and Water PRO programs on its web site at www.yourgreencity.sarasotagov.com. The following city and county government cable channels are running commercials promoting Water CHAMP and Water PRO: the cities of Lakeland, St. Petersburg, Oldsmar and New Port Richey, and the counties of Polk, Pinellas and Manatee. Staff held the third “Going Green Can Keep You Out of the Red” workshop for the Hillsborough County Hotel and Motel Association on April 2, 2009, at the Westin Tampa Airport. Speakers included representatives from Tampa Electric and Total Energy Concepts on energy efficiency; District staff on Water CHAMP, Water PRO and commercial Florida-friendly landscaping; and Tradewinds Resorts staff on Green Lodging program benefits. Ads were placed in the Florida Monthly Magazine (circulation 50,000) and the Florida Event Planner (circulation 100,000) inviting event planners, convention and visitors bureaus and tourists to visit the Water CHAMP web site for a list of participating properties. Water PRO is being promoted through one-on-one visits with restaurant managers, partnerships with utility companies, networking at industry meetings and direct mail. A post card was created and distributed to nonparticipating restaurants informing management of the program. In

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Item 6response, 35 restaurants contacted the District to participate in the program. A letter was distributed to restaurants within the seven counties affected by the Phase III (Extreme) water shortage. The letter informed restaurant management and staff of the requirement to serve water only upon request and also invited them to join Water PRO. Restaurants participating in Water PRO were invited to place drought signs at their entrances. As of March 27, 2009, 11 restaurants are posting 15 signs. A children’s water conservation kit that includes temporary tattoos, crayons and a water conservation activity book is being created in partnership with the City of Tampa and Hillsborough County Utilities. The water conservation kit will be distributed to Water PRO restaurants within Hillsborough County. As of March 27, 2009, there were 147restaurants in the District participating in Water PRO.

Florida Water Star SM Gold (FWSG) Certification ProgramFWSG, a voluntary certification program for builders, encourages water efficiency in household appliances, plumbing fixtures, irrigation systems and landscapes, as well as water quality benefits from best management practices in landscapes. FWSG is based on Florida Water StarSM (FWS), which was originally developed and service-marked by the St. Johns River Water Management District (SJRWMD). When approached by SJRWMD staff about implementing the program within this District, staff developed advanced criteria to ensure more consistency with landscaping and water conservation practices promoted by this District since FY2001 through its partnership with the UF/IFAS Florida Yards & Neighborhoods program. This advanced level, Florida Water Star Gold Certification, is the only one promoted in this District. Having participated in the development of the gold certification and seeing the value of the advanced level of criteria, SJRWMD is now promoting both the Florida Water Star Silver and Gold certification programs. For both levels, a three-tier certification process involves inspection by independent certifiers, project monitoring by quality assurance providers and oversight by water management districts. Based on SJRWMD's estimates, in the average new home, the small initial investment on the indoor fixtures included in the FWS criteria could save up to 20,000 gallons of water every year per home. FWS landscape and irrigation system design and proper implementation could reduce annual outdoor water use by as much as 40 percent. To measure efficiency, the SJRWMD is engaged in a study with the U.S. Environmental Protection Agency to compare water-efficient homes in 20 communities throughout the country. The South Florida Water Management District is currently coordinating with SJRWMD to develop an FWS certification for occupied homes. SJRWMD's goals for future expansion of the program also include both commercial properties and entire communities. Susan Douglas is the program coordinator. Angela Maraj, the water conservation/FYN regional builder/developer outreach program specialist, serves as the landscape and irrigation specialist to the FWSG program. New Activities Since Last Meeting — The FWSG premier certification event was held onMarch 25, 2009, at the Glencairn Cottages community in Dunedin (Pinellas County).Approximately 100 people attended, including Governing Board members Sallie Parks and Maritza Rovira-Forino. Lou Kavouras led the ceremonies, which were covered by four television crews and a St. Petersburg Times online reporter. Construction has been completed on the first of fourteen houses that will be certified in the community. To further promote the program, theFWSG coordinator met with an Arthur Rutenberg Homes representative to discuss the benefits of FWSG. In addition, Lou Kavouras presented on FWSG as part of the Peace River Manasota Regional Water Supply Authority’s Water Conservation Summit on April 3.

Community-Based Social Marketing (CBSM)CBSM programs use research to uncover what drives residents to either participate in or avoid specific behaviors. With the knowledge of what motivates people to behave the way they do, the District can create programs that are tailored to the populations they are meant to target and will most likely result in desired behavior changes. The Communications Department has been using the theories of this social science to enhance program design. New Activities Since Last Meeting — The fourth Community-Based Social Marketing Resource Group (SMRG) meeting is scheduled to be held at the District's Tampa Service Office on April 16. Discussion items will include fertilizer and irrigation programs. Members have been asked to bring all research, successes and challenges regarding these topics to help streamline collaboration efforts.

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Item 6Irrigation Pilot ProgramA community-based social marketing pilot program is under way in neighborhoods in The Villages, the City of Lakeland and Charlotte County. Residents were asked to “Skip a Week” of irrigation during the months of December, January and February and will be asked to “Watch the Weather and Wait to Water” during the months of July, August and September when rainfall can allow residents to turn off their systems for extended periods of time. The specific education interventions are being determined by results of qualitative (focus groups) and quantitative (survey) research conducted to determine the best way to educate the residents to achieve the desired behaviors. New Activities Since Last Meeting — Carol Ann Breyer, one of Florida's master gardeners and a member of the Florida-Friendly Irrigating Team, has been visiting the homes of residents who have volunteered to follow the principles of Florida-friendly irrigating in Charlotte County. Breyer set up a day once per week during the months of December, January and February to meet with the homeowners to review the recent rainfall at the household, survey the yard and landscape for signs of stress, and advise the residents on whether they can safely keep their irrigation system turned off that week or if they should water on their regularly scheduled watering day. Staff is working with the homeowners to set up a photo shoot of their yards and will use their Skip a Week successes to show others that Skip a Week works. Staff is continuing to gather water-use information from participating utilities to create historical water data reports that will be used to measure changes in water use throughout the course of the project. Water-use data will be reported and logged monthly throughout the pilot project to gauge program effectiveness.

Research FindingsThe Communications Department has been using research to enhance program design, plan communications strategies and evaluate programs. New Activities Since Last Meeting —Some recent findings from a Districtwide study include the following:� 45% of respondents water their lawns in the early morning before sunrise.� 27% water their lawns in the evening after sunset.� 16% water in the late afternoon.� 42% of District residents report that they water their lawns once per week.� 20% report that they water their lawns twice per week.� 9% water every other week.� 16% say they never water their lawns.� 82% of respondents say they live in an area with watering restrictions.� 11% report that there are no watering restrictions in their area.

� Residents find out about lawn watering restrictions in their area from the following sources:o 69% from local news.o 46% from city or county government.o 44% from their water bills.o 37% from their local water management district.o 19% from friends and neighbors.

� Awareness of drought conditions is on the rise. In three recent surveys, the District asked residents to “describe the current conditions of water resources in their area.”o In a survey completed November 8–13, 2008, respondents said:� 13% In a drought� 57% Drier than normal� 27% Normal� 2% Wetter than normal

o In a survey completed February 8–12, 2009, respondents said:� 28% In a drought� 52% Drier than normal� 19% Normal� .4% Wetter than normal

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o In a survey completed February 24–28, 2009, respondents said:� 41% In a drought*� 49% Drier than normal� 8% Normal� .4% Wetter than normal*Governing Board action on February 24 to enhance the District’s Modified Phase III (or Extreme) water shortage restrictions and the resulting media attention are likely a significant contributor to the spike in awareness of “drought” in the last of the three survey results.

� Residents generally “support government actions such as tightened water restrictions as a means of addressing a water shortage problem.” (7.71 agreement on a scale of 1–10)

� 57% of respondents throughout the District think they use less water than the average person in their area.

� 37% think they use about the same amount of water as the average person in their area.� 1% think they use more water than the average person in their area.

Florida Yards & Neighborhoods (FYN)Recognizing the potential of water conservation and water quality protection through promotion of Florida-friendly landscaping practices, the District began partnering with the University of Florida (UF) in FY2001 to support Florida-friendly landscaping education. Currently, approximately 228,000 people are reached annually through homeowner programs in eight counties, builder and developer programs in five counties and community/homeowners association programs that reach four counties. With up to 50 percent of a typical household’s water use going to outdoor irrigation, outreach to builders, developers and irrigation specialists became available Districtwide in FY2007. New Activities Since Last Meeting — University of Florida’s FYN homeowner program and the FYN builder and developer program now join the Florida Department of Environmental Protection’s Green Industries Best Management Practices program under the new Florida-Friendly Landscaping program umbrella. District staff met with two FYN state coordinators to discuss goals for the program. UF is interested in strengthening its roles in green building programs such as Florida Water Star and Florida Green Building Coalition. In Pasco County, FYN coordinator Chris Dewey is spearheading the creation of thenew publication “Model Landscape Management and Maintenance Contract” for property managers to use when contracting with landscape maintenance companies. In Hernando County, a 48"x24" poster promoting Florida-friendly landscaping was designed by the District for placement on Hernando County buses.

Watershed EducationThe District's watershed education efforts encourage residents to protect their local water resources through education relating to water quality, stormwater runoff, water conservation and natural systems. Some examples of watershed education include media campaigns, decision-maker workshops, upriver and downriver educational bus tours, estuary wading trips, speaking engagements, pond adoptions, outreach at special events, educational kiosks, cleanup events and stormdrain marking activities. As a part of these activities, the District encourages residents to engage in specific behaviors, such as reducing fertilizer and pesticide use, maintaining septic systems, conserving water, disposing of trash appropriately and not into storm drains, and picking up and disposing of pet waste. New Activities Since Last Meeting — Hillsborough County Adopt-A-Pond (AAP) Program: The Hillsborough AAP program held its annual Lakes, Pond and Stream Night. This event celebrates the work of AAP program volunteers and provides an opportunity for groups to interact with each other and learn about programs, products and services related to water resources and landscaping/pondscaping in the area. Approximately 500 participants viewed exhibits and listened to presentations featuring information on water quality issues and pond maintenance. Adopt-A-Pond Pasco Project: Pasco County Utilities promoted the Adopt-A-Pond (AAP) Pasco program via a bill insert distributed to 96,000 utility customers. The insert provided an overview of the program and contact information. Pasco AAP has also organized a partnership with the Pasco County School Board and the Meadow Point community in Pasco County. Through this partnership, elementary, middle and high school students will be encouraged to volunteer to mark storm drains and

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Item 6restore a pond in the Meadow Point community. Hillsborough River Watershed Education: The Mayor’s Beautification Program (MBP) partnered with 1,300 volunteers from the University of South Florida to conduct cleanup projects at 13 sites within the city of Tampa. A total of 3,900 volunteer hours were dedicated to this project. MBP has ongoing cleanup projects throughout the year. Crystal River/Kings Bay/Rainbow River Watershed Education: The Coastal Rivers and Withlacoochee River basin boards, along with the cities of Crystal River and Dunnellon, proclaimed March 14–21 as Springs Awareness Week. The District partnered with the Citrus and Marion County UF/IFAS Extension offices and the Rainbow Springs State Park to promote the District’s campaign “Don’t over-fertilize. You want your lawn green, not your water.” Throughout the week, local residents, retail store managers and landscape professionals were informed of the impact residential fertilizer has on local springs. Nearly 10,000 people attended this series of events. The Citrus County Chronicle, Ocala Star Banner and Riverland News ran articles promoting Springs Awareness Week. Both the Inverness and Dunnellon Wal-Marts donated snacks for springshed tours that District staff led during the week. Also, as part of Springs Awareness Week, the Marion County UF/IFAS Extension office conducted Best Management Practices for Fertilizer Ordinance Certification, a class that educated 40 landscape professionals. The class included principles of landscape and turfgrass management and offered certification in Green Industry best management practices. This certification is required for all commercial firms applying fertilizer in Marion County.

Community Education Grant ProgramThe Community Education Grant (CEG) program is in its twelfth year and is funded through Basin Initiatives for Public Education (P268). The CEG program provides funding assistance up to $5,000 per project for individuals, service groups, community associations and other organizations to implement a water resources education project. The deadline for FY2009 applications was August 22, 2008. Seventy-four applications were reviewed and 32 were approved for funding. New Activities Since Last Meeting — The grant implementation period is from March 1 through July 31, 2009. With a grant from the Alafia River Basin Board, Camp Bayou hosted the Citizen Science Symposium workshop on the weekend of March 21. Participants were educated on the relationship between monitoring and protecting our natural resources and were enlisted to participate in scientific monitoring projects. Follow-up post cards and an online survey will be conducted to determine knowledge gain. With a grant from the Peace River Basin Board, the City of North Port has printed and will distribute 2,000 “Water Is Precious” calendars. Calendar recipients must sign a pledge to save 100 gallons of water per month. Project success will be measured by the number of calendars distributed and results of a four-month assessment of homeowners’ water savings.

Other Outreach ActivitiesThe District sponsored the Water Conservation Restroom Trailer and staffed a booth at theAfrican American Heritage Celebration in Largo in February. In April the restroom trailer was sponsored at Venice Sharks Tooth Festival. This annual festival attracts thousands and benefits Special Olympics. In addition, the restroom trailer was at Islands Fest on Davis Islands in Tampa and the Green Thumb Festival in St. Petersburg. Communications staff also participated in the Take Your Sons & Daughters to Work event by hosting a “mock” press conference. The children participated by portraying either a member of the press or a District Board member or staff. The session concentrated on drought and conservation topics. Each child will receive a DVD of their “performance.”

Youth EducationThe District provides water resources education programs to county school districts, private schools, homeschool groups and nonformal educators through mini-grants, field trip programs, educational resources for students and educators, and teacher training workshops. Staff coordinates and facilitates Project WET (Water Education for Teachers) and Healthy Water, Healthy People workshops throughout the District's 16 counties. Kindergarten through twelfth-grade educators attending workshops receive the curriculum and activity guides as well as District curriculum materials. New Activities Since Last Meeting — Outreach: (1) The Youth Education’s outreach specialist visited nine schools during March, teaching approximately 1,213 students and educators through 34 presentations. (2) On March 4, staff met with King's Kids

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Item 6Christian Academy in Hillsborough County to discuss their Splash! mini-grant and funding procedures. (3) Youth Education staff gave a presentation on District-funded programs at the Hillsborough County Subject Area Leader Meeting for 60 elementary school science teachers on March 5 at the Museum Of Science and Industry. (4) On March 7, staff participated in the Highlands Conservation Connections Day, sponsored by the Highlands Soil and Water Conservation District. (5) Staff attended the Glazer Children’s Museum Groundbreaking Ceremony on March 9 in downtown Tampa. (6) On March 14, staff provided a District youth exhibit and "water cycle in a bag" activity as part of the Spa Beach Splash, coordinated by ThePier Aquarium. (7) Also on March 14, staff provided support for District’s Volunteer Appreciation Day. (8) Staff provided a presentation about the environmental education program partnership at Polk’s Nature Discovery Center as part of the BBEC/BBLRC joint committee meeting on March 16. (9) On March 19, staff met with representatives from the Hillsborough County Head Start/Early Head Start program to provide youth education resources and discuss ideas the organization could implement to promote water conservation education in the program’s schools as part of their Sustainable Garden Innovation Grant through the Department of Health and Human Services, Administration for Children and Families Office of Head Start. (10) Staff presented as part of the Hillsborough County Subject Area Leader Meeting for 30 high school science teachers on March 25 at The Florida Aquarium. (11) On March 27 and 28, staff attended the Annual League of Environmental Educators in Florida (LEEF) Conference at Wekiwa Springs State Park. This event was a chance for local environmental educators to learn about ongoing programs, events and collaboration opportunities for environmental issues. Staff provided a presentation on watershed education. (12) On April 8, Youth Education staff represented the District at the Gulf Beaches Elementary School “Family Fun Science Night.” This community event was an opportunity for families to enjoy and see the benefits of science in a festive atmosphere. (13) Staff provided an overview of District resources to the Pinellas County Elementary Science Teachers Association on April 21. Mini-grants: This year the District awarded Splash! mini-grants to 209 educators totaling $412,780. Sharing Days are scheduled in the various counties to allow teachers to discuss their mini-grant projects and share ideas with one another. Sharing Days have been scheduled as follows: Pinellas (April 30), Highlands (May 1), Sarasota (May 4), Citrus (May 7), Pasco (May 8 and 11), Hillsborough (May 12, 14, 19, 20 and 21), Sumter (May 15), Hernando (May 18), Manatee (May 21) and Marion (May 22). School Board Coordination: (1) Youth Education staff met with representatives from the Sarasota County School Board on March 13 about funding procedures and options for the 2009–2010 school year. (2) In order to update existing District secondary curricula to the Next Generation Sunshine State Standards, a Curriculum Review Committee has been established in cooperation with Polk County Schools Secondary Science Supervisor. On March 26, staff met with the Polk County Curriculum Review Committee to initiate the curriculum review process. The goal is to have correlations completed by the end of July 2009. Teacher Training: Staff coordinates and facilitates Project WET (Water Education for Teachers), Great Water Odyssey and Healthy Water, Healthy People workshops throughout the District's 16 counties. (1) One Healthy Water, Healthy People workshop was held March 11 and 12 at the Marine Science Station in Citrus County. This was a special training opportunity for the staff at Nature’s Classroom in Hillsborough County. Approximately 14 teachers were in attendance. (2) OneProject WET workshop was held on March 21 at Lowry Park Zoo in Hillsborough County, with approximately 10 teachers in attendance. (3) One Project WET workshop was held on March 28 at Leto High School in Hillsborough County, with 25 elementary science teachers in attendance. Six Project WET workshops, two Healthy Water, Healthy People workshops and one WET, WILD and Woodsy workshop have trained 161 teachers so far this school year. To date, 1,350 teachers have been trained using these programs. (4) The Ground Water Institute for Teachers™ scheduled for April 24–25 at the Brooker Creek Preserve in Pinellas County has received 27 registrations to date. (5) One District-sponsored facilitator training is planned for June 17 at Nature’s Classroom in Hillsborough County. Cooperative Funding Initiative: Youth Education staff manages 19 currently ongoing and proposed fiscal year 2010 Cooperative Funding Initiative projects. Program Evaluation: The Youth Education Program is undergoing a three-year program evaluation to determine the effectiveness and use of its current offerings and to guide decisions concerning the allocation of future funding. Planning for the evaluation component of existing water resources exhibits is under way. Publications: Approximately

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Item 6238,675 youth education publications and materials have been distributed this calendar year. More than 468,000 youth education materials have been distributed in fiscal year 2009.

2010 Regional Water Supply Plan UpdateIn accordance with Chapter 373, Florida Statutes, each water management district is required to initiate a District-wide water supply assessment that describes water demands and identifiessources of water available over a 20-year planning horizon. If the assessment indicates available water supplies can not meet projected demands and sustain the water resources and related natural systems, a regional water supply plan shall be developed for that area. The District completed the first assessment in 1998. The re-evaluation of the need for a regional water supply plan must be made by each district at least every five years. The 1998 Water Supply Assessment indicated that sufficient water supplies were available to meet projected 20-year demands only in the Northern Planning Region of the District (Hernando County and all counties to the north). The Governing Board approved staff’s recommendation that a regional water supply plan was necessary in the southern ten counties (South-Central Planning Region) of the District, and staff subsequently produced the Regional Water Supply Plan in 2001. In 2003, the Governing Board concurred with the determination that a regional water supply plan was again needed for the southern ten counties of the District and that a regional water supply plan was not necessary for the Northern Planning Region. The Board approved the Regional Water Supply Plan in December 2006 (first update). In an effort to be more consistent with other water management districts, future regional water supply plan updates will be completed every five years beginning in 2010. In June 2008, the Governing Board approved staff recommendation to move forward with 2010 update, to include the northern five counties. Staff will keep the Governing Board apprised of progress as the regional water supply planning proceeds through Routine Reports or as a Committee Discussion Item. New Activities Since Last Meeting – The District-wide water supply demand projections were completed by Resource Projects and have been presented for internal review. The projections were also forwarded to all Advisory Committee members for comment. In April, presentations will be made to the Industrial and Public Supply Advisory Committees on the progress of the planning effort and on the methodology behind the demand projections. The water management districts met with the Department of Environmental Protection regarding the draft RWSP Guidelines and largely cultivated a consensus on the final guidelines to be used for final report.

Strategic PlanningThe mission of the Strategic Plan update is to provide the overarching strategic direction, from which all of our District strategies evolve: Superior Stewardship of Florida's Precious Water Resources. With that responsibility, the goals of FY 2011 Update are to:o Implement the reporting of the Primary Success Indicators.o Reconfigure the Strategic Plan to meet the statutory requirements allowing the

Strategic Plan to replace the District Water Management Plan.o Further integrate the Strategic Plan into all aspects of District operations.To achieve the established goals the update process will again employ a three tiered approach of staff involvement. A grouping of District technical subject matter experts (SME) will review the current plan for technical accuracy, and identify how their projects and programs are aligned with the Plan's success indicators. Secondly, a Strategic Team comprised of 15 Directors and Managers will meet to select the SME, discuss the input of the SME, finalize the implementation of the Primary Success Indicator “Scorecard,” and delegate the compilation of the data required to replace the District Water Management Plan. Lastly, conclusive direction of the project will be overseen by a Steering Committee comprised of the Deputy Executive Directors, Deputy General Counsel, and the Inspector General. By replacing the 5 Year District Water Management Plan (DWMP) and its annual update with the Strategic Plan, staff will realize aconsiderable time savings. One of the statutory requirements of replacing the DWMP is the compilation of an Annual Work Plan Report. This Annual Report will detail the progress of District programmatic efforts intended to achieve the Strategic Plan’s goals and measures, as well as illuminating the connection between the Strategic Plan and the Budget process. A “Kick Off” meeting was facilitated for all SME. The meeting was intended to convey the expectations and outcomes of the project so there would be better understanding of the effort before the SME meetings commenced. The Flood Control SME meeting was facilitated March 25th, with the

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Item 6discussion points considered during the Strategic Team meeting held March 27th. The month of April will contain the Water Quality and Water Supply SME meetings, general Strategic Planning presentations to all the Basin Boards, and also to the Industrial and Public Supply Advisory Committees.

Local Government 10-Year Water Supply Facilities Work PlansPlanning Department staff continues to review and comment on 10-year Water Supply FacilitiesWork Plans. The adoption deadline for these plans was May 30, 2008 for most local governments in the 10-county area covered by the District's Regional Water Supply Plan. New Activities Since Last Meeting — Local governments have increased activity in complying with the work plan requirement. Approximately 40 percent of the communities within the District are in compliance, with 21 percent in the submittal process, and 39 percent out of compliance. The non-compliance matter remains an issue throughout the state.

Regional Planning Council Update� Tampa Bay Regional Planning Council (March 9, 2009)

The meeting included a report from Deputy Executive Director Richard Owen on the drought, water shortage restrictions and long-term water management strategies for the Tampa Bay region. Several Council members made comments during this report, which focused on: Thehigh water savings that can be realized with municipal infrastructure repairs; The need for state-level incentives to promote the availability of more Florida-friendly plants; The water-intensive nature of St. Augustine grass, and the need to prohibit its sale and communicate to the public that it can no longer be supported; Limited reclaimed water access in some areas, and where available, economic incentives should exist to promote its use; Expansion of local toilet rebate programs to include business; An inquiry on when Howard F. Curren flows would be available; and The Florida League of Cities concern with the cost associated with the additional DEP oversight in the proposed reclaimed water bill. In addition, the TBRPC Future of the Region Award ceremony was held on Friday, March 20, and was attended by Maritza Rovira-Forino, Sallie Parks and Jennifer Closshey. The District received a first place award for the Robinson Preserve SWIM project in Manatee County, and an honorable mention for the Florida Yards and Neighborhoods program in Hillsborough, Pasco, Pinellas and Polk counties.

� Central Florida Regional Planning Council (March 11, 2009)The main focus of the meeting was a presentation on the Statewide Regional Evacuation Study. The presentation described the use of LIDAR combined with sea, lake and overland surge modeling as the basis for consistent and transparent evacuation plans with neighboring regions. There was a discussion of DRI status and a map was distributed showing DRI locations.

� Southwest Florida Regional Planning Council (March 19, 2008)The meeting was held at the Corkscrew Regional Ecosystem Watershed (CREW). The Cityof Punta Gorda Comprehensive Plan Amendments - DCA 09-1 were approved on the Consent Agenda. Growth Management and related bills were discussed among Council staff and members. There was discussion among Council members regarding energy conservation and fuel alternatives, including the use of solar power and biofuels. The Council will appoint a subcommittee to pursue opportunities for solar power in the region. District staffcommented that the March Governing Board would be deciding whether or not to advance into Modified Phase IV Water Shortage Restrictions in the Tampa Bay area. There was some discussion regarding water shortage declarations between Council members, and District and SFWMD staff. After the meeting was adjourned, members were provided lunch and toured portions of the CREW.

� Withlacoochee Regional Planning Council (March 19, 2009)The Council approved funding for several emergency management training classes. These training courses were recommended by the District 5 Local Emergency Planning Committee (LEPC), which represents Marion, Sumter, Lake, Levy, Hernando and Citrus Counties. Additionally, the Council approved funding for a multi-agency laptop exercise at the Levy County Emergency Operations Center (EOC) and an emergency operations program at the Sumter County EOC. The Council staff annually provides technical assistance to its local

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Item 6governments, including Local Hazard Mitigation projects, the Regional Hazardous Materials Emergency Plan and the quarterly meetings of the District 5 LEPC.

Local Government OutreachAs part of the District’s community and legislative affairs program, the Community andLegislative Affairs (CLA) Department is responsible for (1) developing effective relationships with local elected and public officials and their staff, (2) serving as the District’s day-to-day liaison with local officials, (3) facilitating coordination of District programs to assist local government entities, (4) promoting the mission of the District and (5) helping to develop and foster sound public policy on water resource related issues. To meet these responsibilities, CLA has developed long-standing programs and tactics, including but not limited to, project tours, the e-Resource newsletter, e-mail alerts and one-on-one meetings. New Activities Since Last Meeting CLA staff met with local government officials and made presentations to County and City Commission/Council meetings in an effort to further communicate the Water Shortage and the Modified Phase IV restrictions in the Tampa Bay region. Staff continues to coordinate with local governments regarding April's Water Conservation Month throughout the whole District. Several cities and counties have adopted the proclamation and have outreach activities planned to educate residents about water conservation.

Legislation and PolicyCLA acts as the District’s day-to-day representatives before the Florida Legislature and U.S. Congress. This includes educating officials and staff regarding the mission of the District, providing information on issues and legislation, and coordinating our legislative program with other state and federal agencies. The department recommends, develops and executes the District’s legislative program based on Governing Board and executive staff direction. Staff works with executive, legal staff and other department to develop and manage internal District legislative procedures and policies. New Activities Since Last Meeting – Delegation and Committee Meetings Legislative session ends May 2, 2009. CLA staff has monitoring legislation and the budget process for potential impacts to the District. Staff has been meeting with legislators and other stakeholders on various issues not limited to permitting, the West-Central Florida Water Restoration Action Plan and the sunset legislation.

Community OutreachIn addition to acting as the District’s liaison to local government, CLA is responsible for the primary “grassroots and grasstops” outreach to local community organizations and groups.These include the agricultural community, environmental groups, business associations and others. These relationships provide a pivotal component of the District’s legislative program and allow for opportunities to communicate the District’s mission, policies and goals.New Activities Since Last Meeting – CLA Staff volunteered at Polk County Agri-Fest and Lakeland’s Sun N’ Fun. Staff participated in many Earth Day events throughout the District. A staff member was added to the Manatee County Chamber Board of Directors and facilitated Junior Leadership Manatee. Staff participated in public access show in Sarasota County regarding the current drought. Staff participated at Heartland 2060 Environment and Natural Resources Task Force meeting.

Speakers BureauAn important part of CLA’s outreach to the public and community leaders within the District is the Speakers Bureau. Most requests for speakers come directly to CLA. Staff fills the majority of requests from within the department and solicits assistance from other departments as needed.Since January 2008, staff as responded to more than 200 requests. A summary is provided each month in the Board packet. New Activities Since Last Meeting – The CLA Department is engaged in an ongoing effort to enhance the District Speakers Bureau. The District Website has been updated to include additional information for users and to assist them in scheduling speakers for their events. CLA continues to contact clubs and organizations offering to provide a speaker. CLA is also offering to provide articles to clubs and organizations for their newsletters, specifically on this issue of drought/conservation. There has been a positive response to the increased solicitation.

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Item 6Staff Recommendation:


Presenter: Lou Kavouras, Deputy Executive Director, Outreach, Planning and Board Services

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Item 6Special Events -- May 1 - 31, 2009

Event Title: Fun 'N Sun ConcertsDates: May 1–3, 2009Time: 4–9 p.m.Location: Coachman Park, ClearwaterSponsoring Organizations: CBS Radio, District, othersAttendees: General publicEvent Description: Smooth jazz on Friday, oldies on Saturday and country music on Sunday make up the CBS Radio concerts known as Fun 'N Sun. The District's Water Conservation Restroom Station will be at the event promoting water conservation and Florida-friendly landscaping.District Contact InformationName: Melissa Roe, (352) 796-7211, ext. 4776; [email protected]

Event Title: Highlands County Splash! Mini-Grant Sharing DayDate: May 1, 2009Time: 9 a.m.–3 p.m.Location: Bok Tower Gardens, 1151 Tower Boulevard, Lake WalesSponsoring Organizations: Highlands County Schools, DistrictAttendees: Recipients of 2008–2009 Splash! mini-grants in Highlands CountyEvent Description: Teachers awarded Splash! mini-grants during the 2008–2009 school year will meet to discuss their projects.District Contact InformationName: Mary Torrusio, (352) 796-7211, ext. 4773; [email protected]

Event Title: Pinellas Living Green ExpoDates: May 2–3, 2009Time: 9 a.m.–5 p.m. on Saturday; 10 a.m.–4 p.m. on SundayLocation: Harborview Center, ClearwaterSponsoring Organization: DistrictAttendees: General publicEvent Description: A fun, free family event that educates residents on ways they can lead more healthy and sustainable lives with less impact on the environment. The expo features exhibits and presentations from environmental agencies and companies.District Contact InformationName: Melissa Roe, (352) 796-7211, ext. 4776; [email protected]

Event Title: Sarasota County Splash! Mini-Grant Sharing DayDate: May 4, 2009Time: 4:30–5:30 p.m.Location: Sarasota County School Board Office, 1960 Landings Boulevard, SarasotaSponsoring Organizations: Sarasota County Schools, DistrictAttendees: Recipients of 2008–2009 Splash! mini-grants in Sarasota CountyEvent Description: Teachers awarded Splash! mini-grants during the 2008–2009 school year will meet to discuss their projects.District Contact InformationName: Mary Torrusio, (352) 796-7211, ext. 4773; [email protected]

Event Title: Seagrass Adventure Wading TripDates: May 5, 12 and 19, 2009Time: 9 a.m.Location: Cedar Point Environmental Park, 2300 Placida Road, EnglewoodSponsoring Organizations: CHEC, Charlotte County, DistrictAttendees: General publicEvent Description: A hands-on learning experience that takes the public into the seagrass beds of Lemon Bay to learn about marine organisms through the use of dip nets and viewers. This experience will allow participants to gain an appreciation of our marine resources and

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Item 68become better stewards of our water resources by realizing the possible impacts of upland activities.District Contact InformationName: Virginia Sternberger, (352) 796-7211, ext. 4753; [email protected]

Event Title: Citrus County Splash! Mini-Grant Sharing Day Date: May 7, 2009Time: 4–6 p.m.Location: Technology Resource Center, 3741 W. Educational Path, LecantoSponsoring Organizations: Citrus County Schools, DistrictAttendees: Recipients of 2008–2009 Splash! mini-grants in Citrus CountyEvent Description: Teachers awarded Splash! mini-grants during the 2008–2009 school year will meet to discuss their projects.District Contact Information Name: Mary Alice Hogan, (352) 796-7211, ext. 4771; [email protected]

Event Title: Pasco County Splash! Mini-Grant Sharing DayDates and Times:May 8, 2009 8:30 a.m.–3 p.m.May 11, 2009 8:30 a.m.–3 p.m.Locations: Pasco County schools (site visits)Sponsoring Organizations: Pasco County Schools, DistrictAttendees: Recipients of 2008–2009 Splash! mini-grants in Pasco CountyEvent Description: Teachers awarded Splash! mini-grants during the 2008–2009 school year will meet to discuss their projects.District Contact InformationName: Mary Alice Hogan, (352) 796-7211, ext. 4771; [email protected]

Event Title: Mayfaire by the LakeDates: May 9–10, 2009Time: 10 a.m.–5 p.m.Location: Downtown LakelandSponsoring Organizations: District and othersEvent Description: One of the largest arts and crafts festival in central Florida. This year the District's Water Conservation Restroom Station will be at the event promoting water conservation and Florida-friendly landscaping.District Contact InformationName: Melissa Roe, (352) 796-7211, ext. 4776; [email protected]

Event Title: Hillsborough County Splash! Mini-Grant Sharing DayDates and Times:May 12, 2009 5–7:30 p.m.May 14, 2009 5–7:30 p.m.May 19, 2009 5–7:30 p.m.May 20, 2009 5–7:30 p.m.May 21, 2009 5–7:30 p.m.Location: Nature’s Classroom, 13100 Verges Rd, ThonotosassaSponsoring Organizations: Hillsborough County Schools, DistrictAttendees: Recipients of 2008–2009 Splash! mini-grants in Hillsborough CountyEvent Description: Teachers awarded Splash! mini-grants during the 2008–2009 school year will meet to discuss their projects.District Contact Information Name: Mary Alice Hogan, (352) 796-7211, ext. 4771; [email protected]

Event Title: Living on Karst — Caves, Springs and SinkholesDate: May 14, 2009Time: 8:30 a.m.–3 p.m.Location: Weeki Wachee Springs State Park, Weeki Wachee

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Item 6Sponsoring Organizations: Hernando County Groundwater Guardians/Hernando County Utilities Department, DistrictAttendees: Specialized organizations and leaders — local and appointed leaders, community leaders, civic leaders, homeowners association officers, developers and business leadersEvent Description: Various speakers and activities pertaining to “Living on Karst.”District Contact InformationName: Robin Grantham, (352) 796-7211, ext. 4782; [email protected]

Event Title: Sumter County Splash! Mini-Grant Sharing DayDate: May 15, 2009Time: 8:30 a.m.–3 p.m.Location: Sumter County schools (site visits)Sponsoring Organizations: Sumter County Schools, DistrictAttendees: Recipients of 2008–2009 Splash! mini-grants in Sumter CountyEvent Description: Teachers awarded Splash! mini-grants during the 2008–2009 school year will meet to discuss their projects.District Contact InformationName: Mary Alice Hogan, (352) 796-7211, ext. 4771; [email protected]

Event Title: Hernando County Splash! Mini-Grant Sharing DayDate: May 18, 2009Time: 4:30–5:30 p.m.Location: Springs Coast Environmental Education Center, 9170 Cortez Boulevard, Weeki WacheeSponsoring Organizations: Hernando County Schools, DistrictAttendees: Recipients of 2008–2009 Splash! mini-grants in Hernando CountyEvent Description: Teachers awarded Splash! mini-grants during the 2008–2009 school year will meet to discuss their projects.District Contact InformationName: Mary Alice Hogan, (352) 796-7211, ext. 4771; [email protected]

Event Title: Hiking TripDate: May 20, 2009Time: 9 a.m.Location: Myakka River State Forest, 2000 South River Road, EnglewoodSponsoring Organizations: CHEC, Sarasota County, DistrictAttendees: General publicEvent Description: A guided walk through a Florida state forest that was jointly acquired by the District and the state of Florida and borders the Myakka River. Leaders on this walk will discuss, among other topics, the Lemon Bay and Charlotte Harbor watersheds.District Contact InformationName: Virginia Sternberger, (352) 796-7211, ext. 4753; [email protected]

Event Title: Manatee County Splash! Mini-Grant Sharing DayDate: May 21, 2009Time: 4:30–5:30 p.m.Location: Manatee County School Board Professional Support Center, 2501 63rd Avenue East, BradentonSponsoring Organizations: Manatee County Schools, DistrictAttendees: Recipients of 2008–2009 Splash! mini-grants in Manatee CountyEvent Description: Teachers awarded Splash! mini-grants during the 2008–2009 school year will meet to discuss their projects.District Contact InformationName: Mary Torrusio, (352) 796-7211, ext. 4773; [email protected]

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Item 6Event Title: Marion County Splash! Mini-Grant Sharing DayDate: May 22, 2009Time: 11:30 a.m.–3 p.m.Location: Marion County schools (site visits)Sponsoring Organizations: Marion County Schools, DistrictAttendees: Recipients of 2008–2009 Splash! mini-grants in Marion CountyEvent Description: Teachers awarded Splash! mini-grants during the 2008–2009 school year will meet to discuss their projects.District Contact InformationName: Mary Alice Hogan, (352) 796-7211, ext. 4771; [email protected]

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G.G

eneralC

ounsel'sR

eport

Governing Board Meeting April 28, 2009

GENERAL COUNSEL’S REPORT

Discussion Items


Routine Reports

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT LITIGATION REPORT April 2009

(Changes in status since last month are in boldface type)

ADMINISTRATIVE PROCEEDINGS

STYLE/CASE NO. COURT/JUDGE ATTORNEY DESCRIPTION STATUS (current as of 4/6/2009)

Citizens for Sanity.Com, Inc. v. T. Rowe Price Associates, Inc, Peter Geraci and SWFWMD/09-1277

Division of Administrative Hearings/D. R. Alexander

C. Felice/J. Pepper Formal Administrative Proceedings objecting to issuance of ERP 44013843.018

3/6/09 - Petition for Formal Administrative Proceeding served. 3/11/09 - Referred to DOAH. 3/13/09 - Initial Order entered. 3/19/09 - Notice of Appearance of Co-Counsel (J. Pepper for District) and; Motion for Summary Hearing served. 3/20/09 - Respondents' Joint Response to Initial Order served. 3/23/09 - (Geraci's) Notice of Service of First Set of Interrogatories to Petitioner (with Interrogatories); Response in Opposition to Motion for Summary Hearing; and Petitioner's Response to Initial Order served. 3/24/09 - Order Denying Motion (for Summary Hearing); Notice(s) of Appearance (Manson and Birrenkott (for Geraci)) and; (Geraci's) First Request for Production of Documents to Citizens served. 3/26/09 - Notice of Hearing (set for May 6, 7 & 8, 2009) served; and Order of Pre-Hearing Instructions entered. 3/27/09 - (Geraci's) Motion for Expedited Discovery Procedures served. 3/30/09 - Geraci's Notices of Deposition Duces Tecum of Clay Colson (on 4/8/09) and Dan Rametta (on 4/10/09) served; Order (granting expedited discovery - all discovery shall be served by facsimile or email and responses shall be served within 15 days of receipt) entered. 4/1/09 - (SWFWMD's) Cross Notices of Taking Deposition of Clay Colson and Dan Rametta; Petitioner's Response to Intervenor's First Request for Production; and Petitioner's Notice of Serving Answers to Interrogatories served.

Davis, Alfred J. and Cindy Davis v. SWFWMD and DEP/Case No. 09-0322

Division of AdministrativeHearings/B. Canter

J. Pepper/J. Ward Formal Administrative Proceedings on objection to DEP Permit No. 52-0170498-002

1/21/09 – Initial Order entered. 1/28/09 – DEP’s Response to Initial Order served. 2/2/09 - Notice of Hearing (set for April 29 and 30, 2009) served; Order of Pre-Hearing Instructions entered. 2/12/09 - Order (granting Petitioner's Motion to Correct Name) filed. 2/18/09 - Respondent SWFWMD's Motion to Relinquish Jurisdiction served. 2/27/09 - Petitioners' Response in Opposition to SWFWMD's Motion to Relinquish Jurisdiction served; DEP's Response to Motion to Relinquish Jurisdiction served. 3/4/09 - Order (Petitioners shall not conduct discovery nor present evidence regarding (1) their claims that the District is not entitled to the general permit and (2) as to related federal authorizations; Petitioners may file an amended petition no later than 3/13/09 to include a more definite statement of their claims in this respect; Motion to Relinquish Jurisdiction is denied)


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entered. 3/12/09 - Respondent SWFWMD's Response to Petitioners' First Set of Discovery Requests served. 3/13/09 - Second Amended Petition for Hearing served. 3/24/09 - Petitioners' Motion to Reschedule Final Hearing, Reopen Discovery, and Remove Limitations on Evidence (includes Petitioners' First Set of Corrected Discovery Requests to Respondents) served. 3/25/09 - Notice of Telephonic Motion Hearing (on above Motion) (set for April 6, 2009) served. 3/27/09 - Respondent SWFWMD's Motion to Dismiss Petition as to Consent to Use Sovereign Submerged Land, and Motion to Exclude Petitioners from Presenting Evidence or Conducting Discovery as to Federal Authorization served; SWFWMD's Response to Petitioners' Motion to Reschedule Final Hearing, Reopen Discovery, and Remove Limitations on Evidence served. 4/1/09 - Department's Motion to Strike Portions of Petitioners' Second Amended Petition served.

SWFWMD v. Madonia, Batista and Evelyn/Case No. 09-1171

Division of AdministrativeHearings/J. L. Johnston

Ward, J./Felice, C. Formal Administrative Proceedings on Administrative Complaint and Order

2/5/09 - Administrative Complaint sent to Sheriff to be served. 2/10/09 - Both respondents were served. 2/23/09 - Motion to Stay and Motion to Dismiss, Answer and Affirmative Defenses, and Petition for a Hearing to Resolve Disputed issues of Material Fact and Reservation of Rights with Respect to Pending Circuit Court Proceeding for Declaratory Judgment served. 3/3/09 - Referral to DOAH. 3/6/09 - Initial Order entered. 3/11/09 - Notice of Appearance of Co-Counsel (Ward) served. 3/13/09 - (District's) Response to Initial Order; and (Madonia's) Unilateral Response to Initial Order served. 3/25/09 - Respondents' Motion to Stay or Abate Pending Resolution of Circuit Court Action served. 3/27/09 - Notice of Hearing (set for May 13 - 15, 2009) served; and Order of Pre-Hearing Instructions entered. 3/30/09 - Petitioner's Response in Opposition to Respondents' Motion to Stay or Abate Pending Resolution of Circuit Court Proceeding; Notice of Service of Petitioner's First Set of Interrogatories to Respondent(s) Batista Madonia and Evelyn Madonia (with Interrogatories); and Petitioner's First Request for Production of Documents to Respondent(s) Batista Madonia and Evelyn Madonia served. 3/31/09 - Notice of Service of Respondents' First Set of Interrogatories to Petitioner SWFWMD (with Interrogatories) served; Order Denying Motion to Stay or Abate entered.


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SWFWMD v. Going,William/Case No. 08-5528

Division of AdministrativeHearings/B. Canter

A. Vining Formal Administrative Proceedings on Administrative Complaint and Order

11/3/08 – Referral to DOAH. 11/5/08 – Initial Order entered.1/20/09 – Copy of exhibits served. 1/30/09 – Petitioner’s Motion in Limine served. 2/2/09 – Response to Petitioner’s Motion in Limine served. 2/3/09 – Order Denying Petitioner’s Motion in Limine entered. 3/6/09 – Proposed Recommended Order served. 3/11/09 – Recommended Order entered.

Walter Prior’s Sons, Inc. v. Orange Street PropertyManagement, LLC andSWFWMD/Case No. 09-1025

Division of AdministrativeHearings/Donald R. Alexander

A. Vining Formal Administrative Proceedings on objection to ERP No. 44033328.000

12/2/08 – Request for Administrative Hearing filed. 12/18/08 –Order of Dismissal Without Prejudice entered. 12/31/08 – Petitioner's Response to Order of Dismissal Without Prejudice filed. 1/27/09 – Second Order of Dismissal Without Prejudice entered. 2/23/09 – Referral to DOAH served. 2/26/09 – Initial Order entered. 3/3/09 – Respondent’s Notice of Filing Permit No. 44033328.000 served. 3/6/09 – Notice of Hearing for 6/2/09 and Order of Pre-Hearing Instructions entered. 3/3/09 – Notice of Appearance by Winston K. Borkowski, Esq., of Hopping Green & Sams served. 3/27/09 – Interrogatories and Request for Production of Documents served.

DELEGATED ADMINISTRATIVE HEARING MATTERS

McBride, John and Nike v. SWFWMD and Sarasota County

L. Pease Request for Administrative Hearing regarding objection to ERP No. 44012121.003

12/29/08 – Request for Administrative Hearing filed. 1/16/09 –Order of Dismissal Without Prejudice entered. 1/28/09 – Amended Petition served. 2/12/09 – Second Order of Dismissal of Amended Petition Without Prejudice entered. 2/24/09 – Second Amended Petition served. 3/23/09 – Notice of Withdrawal of Request for Hearing from John and Nike McBride served.

Paradise Lakes Utility, LLC v. SWFWMD

C. Felice Request for Extension of Time to File Petition for Extension of Hearing

8/15/08 – Motion for Extension of Time to File a Petition for Administrative Hearing served. 8/21/08 – Order Granting Request for Extension of Time entered. 9/25/08 - Motion for Extension of Time to File a Petition for Administrative Hearing served. 10/16/08 – Order Granting Second Request for Extension of Time entered. 1/16/09 - Motion for Extension of Time to File a Petition for Administrative Hearing served. 1/23/09 - Order Granting Third Request for Extension of Time entered.

ENFORCEMENT CASES(Including Administrative Complaints)

SWFWMD v. Abbott, Robert C. and Robin E.

C. Felice Administrative Complaint and Order

11/11/08 - Respondents served. 1/9/09 – Order No. SWF 09-02 entered.


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SWFWMD v. Add-A-Room Self Storage of Bradenton, LLC

L. Pease Administrative Complaint and Order

7/9/08 - Respondent served. 7/24/08 - Order No. SWF 08-025 entered.

SWFWMD v. Aristizabal, Jose Fernando and Liliana Urrea

10th Judicial Circuit, Highlands County/

J. Ward Complaint and Petition for Enforcement of Final Order No. 08-038

2/3/09 - Complaint and Petition for Enforcement and Summonses sent to Clerk's office for filing and issuance. 2/19/09 - Complaint served. 3/25/09 - Plaintiff's Motion for Default by the Court served.

SWFWMD v. Bickel, Gary J. and Deborah T./Case No. CA 08-3878

5th Judicial Circuit, Hernando County/

C. Felice Complaint and Petition for Enforcement of Consent Order No. 06-29

11/24/08 – Complaint and Petition for Enforcement filed. Summonses forwarded to Sheriff's Dept. for service. Defendants served on 12/17 and 12/23/08. 1/7/09 – Defendant Gary J. Bickel's Motion for Extension of Time to File and Answer served. 1/13/09 - Notice of Appearance (Angeliadis on behalf of Gary J. Bickel) served. 1/26/09 - Answer to Complaint and Petition for Enforcement with Affirmative Defenses served. 1/27/09 - Notice of Appearance (Felice on behalf of SWFWMD) served.

SWFWMD v. R.J.Bunbury Homes, Inc./Case No. 08-011833CI21

6th Judicial Circuit, Pinellas County/J. Schaefer

A. Vining Complaint and Petition for Enforcement of ACO No. SWF 07-055

8/12/08 – Complaint and Petition for Enforcement filed. 8/19/08 –Complaint and Petition for Enforcement served. 9/2/08 - Answer to Complaint and Petition for Enforcement served.

SWFWMD v. Central Suburban, Inc./53-2008-CA-006254-0000-00

10th Judicial Circuit/Polk County

C. Felice Complaint and Petition for Enforcement of ACO No. SWF 08-015

7/8/08 - Complaint filed. 7/22/08 - Complaint served. 9/10/08 - Motion for Default served. 9/15/08 - Default entered.

SWFWMD v. Lake Erie Corporation/ Case No. 04CA1239

5th Judicial Circuit, Lake County/W. G. Law

J. Ward Complaint and Petition for Enforcement of Consent Order for ERP violations

4/19/04 - Complaint served. 6/24/05 - District's Motion for Summary Judgment served. 11/4/05 - Order for Partial Summary judgment entered (deeming Requests for Admissions to Defendant admitted). 4/11/07 – Motion for Leave to Amend Complaint (with Amended Complaint) and Notice of Hearing served. 12/11/07 - Final Judgment entered. 2/29/08 - Plaintiff’s Motion to Compel Compliance with Final Judgment and to Hold Defendant in Contempt of Court served. 3/17/08 - Received completed Fact Information Sheet. 4/8/08 - Final Judgment recorded in OR Book 03608, Page 2174, public records of Lake County. 7/28/08 – Order for Proceedings Supplementary to Execution (set for 9/22/08 at 10:30 a.m. in Tavares) entered. 9/19/08 - Amended Order for Proceedings Supplementary to Execution entered (rescheduled for 12/16/08). 10/3/08 - Execution issued by Clerk. 10/9/08 - Notice of Filing (Affidavit of Joseph J. Ward) served. 1/5/09 - Order Granting Leave to Implead and Requiring Deposit Into Registry of the Court (w/Impleader Complaint attached) entered. 1/26/09 - Summonses to Barbara S. and Kelly Edward MacDonell sent to Clerk for issuance.


5

3/4/09 - returns of service received from Sheriff - not found.

SWFWMD v. John Belcher/Case No. 06-4467CI-8

6th Judicial Circuit, Pinellas County/F. Quesada

A. Vining Complaint and Petition for Enforcement of Administrative Complaint and Order

7/6/06 - Summons and Complaint served on Defendant. 10/27/06 – Motion for Default by the Court, and Notice of Hearing served. 11/13/06 – Order Denying Motion for Default by the Court entered. 1/17/07 – Order granting Plaintiff's Motion to Strike Defendant's Affirmative Defenses entered. 12/26/07 – Notice of Lack of Prosecution entered. 2/25/08 – Plaintiff's Motion for Summary Judgment served. 5/19/08 Plaintiff's Motion for Extension of Time served. 5/27/08 – Order on Plaintiff's Motion for Extension of Time entered; and Plaintiff's Memorandum of Law in Support of Motion for Summary Judgment served. 8/15/08 – Order granting Plaintiff's Motion for Summary Judgment entered. 9/17/08 – Notice of Hearing on Attorney Fees and Costs served.

SWFWMD v. HCH Holdings, LLC

C. Felice Administrative Complaint and Order

7/2/08 - Sent ACO to be served on Respondent. 7/11/08 -Respondent served. 8/21/08 - Order No. SWF 08-030 entered.

SWFWMD v. The Kell Group, Ltd.

A. Vining Administrative Complaint and Order

8/12/08 – Administrative Complaint and Order served. 9/5/08 –Administrative Complaint and Order SWF 08-035 entered.

SWFWMD v. The Kell Group, Ltd. Case No. 09CA007932 Div. K

13th Judicial Circuit,HillsboroughCounty/Levens

A. Vining Complaint and Petition for Enforcement

3/27/08 – Complaint and Petition for Enforcement filed. 4/2/09 – Defendants served.

SWFWMD v. Lake Sebring Estates Development, Corp./Case No. 08-892GCS

10th Judicial Circuit, Highlands County/O. Shinholser

J. Ward Complaint and Petition for Enforcement to enforce ACO No. SWF 06-54

7/15/08 - Complaint filed. 7/23/08 – Registered Agent served.8/11/08 - Notice of Appearance filed on behalf of Defendant served. 9/2/08 - Answer and Affirmative Defenses served.

SWFWMD v. McClendon, J.C., Jr./CaseNo.0811837CI13

6th Judicial Circuit, Pinellas County/M. Shames

A. Vining Complaint and Petition for Enforcement of ACO SWF07-056

8/12/08 – Complaint and Petition for Enforcement filed. 8/18/08 –Complaint and Petition for Enforcement served. 8/29/08 – Response served. 9/16/08 – Motion for Default by the Court served. 9/19/08 – Notice of Hearing on Motion for Default by the Court served. 11/21/08 – Proposed Order Denying Plaintiff's Motion for Default by the Court served. 11/26/08 – Order Denying Plaintiff's Motion for Default by the Court entered.

SWFWMD v. Maldonado,Santos, Sr./Case No.252008CA000661

10th Judicial Circuit/Hardee County/

C. Felice Complaint and Petition for Enforcement of ACO SWF 08-031

11/12/08 - Complaint filed. 11/14/08 - Defendant served via substitute service (wife).

SWFWMD v. Sean M. Murphy and Shelly A. Murphy

L. Pease Administrative Complaint and Order

2/9/08 – Administrative Complaint and Order served on Sean M. Murphy. 2/28/08 – Order No. SWF 08-005 entered.


6

SWFWMD v. Polk Properties, Inc., et al./Case No. G99-1779-08

10th Judicial Circuit, Polk County/C. Moore

M. Moore Complaint and Petition for enforcement of Consent Order

5/27/99 - Complaint filed. Cone Constructors Inc. filed for bankruptcy 6/9/00. 4/3/01 – District filed Proof of Claim for $443,240 with Bankruptcy Court. Final Judgment entered against Polk Properties, Inc., for $547,859 on 6/15/01. Bankruptcy still open. 7/28/08 – Notice of Reassignment of Case In Re: Cone Constructors, Inc. bankruptcy.

SWFWMD v. David Richardson and Lisa Richardson/CaseNo. 07-1395CI-07

6th Circuit Court, Pinellas County/L. Allan

J. Ward Complaint and Petition for Enforcement

2/9/07 - Complaint and Petition for Enforcement filed; Summons Issued to Defendants. Return of Service (served 2/27/07). 5/3/07 – Plaintiff’s Motion for Clerk’s Entry of Default Against Defendants filed. 5/30/07 - Plaintiff’s Renewed Motion for Clerk’s Entry of Default Against Defendants (with Affidavit of Non-Military Service) served. 8/22/07- Default entered. 9/20/07 - Plaintiff’s Ex ParteMotion for Entry of Final Judgment After Default (with proposed Order) served. 9/21/07 - Final Judgment entered. 2/20/08 - Plaintiff’s Motion to Compel Compliance with Final Judgment and to Hold Defendants in Contempt of Court served. 3/12/08 - Order Granting Plaintiff’s Motion to Compel Compliance with Final Judgment and to Hold Defendants in Contempt of Court entered. 5/30/08 - Order Adjudging Defendants David Richardson and Lisa Richardson in Contempt of Court and Imposing Sanctions entered. 6/23/08 - Received completed Fact Information Sheet.

SWFWMD v. Alan J. Rieder and Cynthia F. Rieder/Case No. 2005CA-001184-0000

10th Judicial Circuit, Polk County/D. Maloney

M. Moore Complaint and Petition for Enforcement to enforce Administrative Complaint and Order No. 05-09

3/23/05 – Complaint and Petition for Enforcement filed. 6/8/05 - Mediation held. 6/28/05 - Mediation Settlement Agreement approved by Governing Board. 9/27/05 – Third payment received pursuant to Settlement Agreement. 10/19/05 – Payment received. 11/15/05 – Payment received. 4/20/06 – Payment received. 7/7/06 – Order Approving and Enforcing Mediation Agreement entered.10/30/06 – Order Adjudging Defendants in Contempt served, setting 1/1/07 as compliance date or daily penalty of $250 thereafter. 11/13/06 – Order Adjudging Defendants in Contempt entered. Compliance with Contempt Order being monitored.

SWFWMD v. Shant Hotels, LLC/Case No. 53-2008-CA-0010708-0000-00

10th Judicial Circuit, Polk County/D. Prince

C. Felice Complaint and Petition for Enforcement (of ACO No. SWF 08-029)

11/5/08 - Complaint filed. 11/17/08 - Defendant served. 1/5/09 - Motion for Default filed. 2/2/09 - Motion for Default by the Court served; Notice of Hearing (on Motion for Default - set for 3/3/09) served. 3/6/09 - Default by the Court entered.

SWFWMD v. Danny J. Suggs, et al./Case No. 2003-CA-000724

5th Judicial Circuit, Sumter County/W. Hallman

D. Graziano/J.Ward

Complaint enforcing Final Order No. SWF 03-050

7/7/03 - Complaint filed. 3/2/04 – Order Granting Plaintiff's Motion for Temporary Injunction entered. 5/11/04 – Order denying Defendants' Motion for Stay/Motion to Modify Injunction entered. 6/11/04 – Order Granting Attorney's Fees (for motion to compel inspection of land) entered. 7/12/04 – Order Granting Attorney's Fees (for motion to compel production of documents) entered. 4/25/05 – Order Adjudging Defendants in Contempt entered. 8/31/05 – Order denying Plaintiff's Motion for Partial Summary


7

Judgment entered. 5/18/06 – Order Granting Defendants' Amended Motion for Judicial Inspection, Order on Defendants' Amended Motion for Evaluation of Defendants' Proposed Activity, and Order on Defendants' Motion to Modify Injunction entered. 7/28/06 – Order granting Plaintiff's Motion to Add Parties, etc. entered. 8/1/06 – Order on Motion to Modify Injunction After Considering the Party's Memoranda entered. 8/28/06 – Answer of new defendants served. 8/29/06 – Notice of Appeal of a Non-Final Order served. 2/13/07 – Order Granting Amended Motion for Protective Order entered. 2/11/08 – Order (Defendants to submit ERP application, and scheduling of 2/28/08 status conference) entered. Trial scheduled for 10/6 and 10/7/08. 8/28/08 – Motion for Continuance served. 9/5/08 – Order Setting Status Conference & Scheduling Judicial Inspection of Property entered. 9/15/08 – Order regarding outcome of 9/4/08 Pretrial Conference entered. 3/5/09 – Notice of Lis Pendens and Action Concerning Real Property served. 3/16/09 - (Defendants’) supplemental Pretrial Conference Memorandum served. 3/27/09 – Notice of Telephonic Status Conference (scheduled for 3/30/09) served. 3/30/09 – Order Continuing Trial entered. Non-Jury Trial scheduled to be held on 5/26/09. 4/6/09 – Amended Order Continuing Trial, and Order (granting Request for Inspection) entered.

MISCELLANEOUS

Crowley Museum and Nature Center, Inc. v. SWFWMD, et al./Case No. 2002-CA-015283NC

12th Judicial Circuit, Sarasota County/B. A. Titus

J. Ward Complaint for inverse condemnation, trespass, nuisance and negligence

11/21/06 - Order Granting Leave to Amend the Complaint entered. 12/11/06 - SWFWMD & SWFWMD Governing Board's Motion to Dismiss Fourth Amended Complaint served. 1/24/07 - Defendant SWFWMD’s Amended Motion to Dismiss, Motion to Strike, Motion for a More Definite Statement, and Supporting Memorandum of Law served. 3/20/07 – Plaintiff’s Response to Defendant SWFWMD’s Amended Motion to Dismiss, Motion to Strike and Motion for a More Definite Statement served. 4/16/07 – Order Granting With Prejudice Defendant SWFWMD’s Amended Motion to Dismiss entered. 4/18/07 – (Crowley’s) Notice of Appeal filed. (See Appeals) 3/3/08 - Motion for Disclosure of Settlement Agreement(s) served. 10/3/08 - Memorandum of Law in Opposition to Defendant’s Motion for Disclosure of Settlement Agreements served; Amended Memorandum of Law in Support of Defendant, Four Star Tomato, Inc. (“Four Star”), Motion for Disclosure of Settlement Agreement(s) served. 10/29/08 - Order Adopting Recommended Order (of Magistrate) entered. 12/19/08 - Defendants' SWFWMD and The SWFWMD Governing Board’s Motion to Dismiss Fourth Amended Complaint served. 2/3/09 - Motion for Partial Summary Judgment as to Liability as to Defendants SWFWMD and its


8

Governing Board served. 2/13/09 - (SWFWMD's and SWFWMD Governing Board's) Amended Notice of Service of Offer of Judgment; Notice of Hearing (on pending motions - set for 4/7/09) served.

Exler, Jerry v. SWFWMD, et al./Case No. 2008-CA-7656-SC

12th Judicial Circuit, SarasotaCounty/R.B.Bennett, Jr.

J. Ward/M. Bohling

Complaint alleging negligence and premises liability against the District and other governmental entities for injuries sustained in a motorcycle accident

8/6/08 - Complaint and Summons served. 9/18/08 - Answer and Affirmative Defenses (of SWFWMD) served. 9/17/08 - Defendant City of North Port’s Answer and Affirmative Defenses served.4/3/09 - Defendant, SWFWMD's Motion for Summary Judgment served.

Hames, Cedar and Nora H. Scholin v. State of FL Department of EnvironmentalProtection and SWFWMD/Case No. 2007-CA-001649

12th Judicial Circuit, Manatee County/P. Dubensky

D. Graziano/J. Ward

Suit for damages alleging inverse condemnation

4/4/07 – Amended Complaint and Summons served. 4/23/07 - State of Florida Department of Environmental Protection’s Motion to Dismiss served. 5/16/07 - Order from Middle District of Florida remanding case back to circuit court entered. 5/18/07 - SWFWMD’s Motion to Dismiss served. 5/24/07 - Notice of Hearing (on DEP’s & SWFWMD’s Motions to Dismiss – scheduled for 7/18/07) served. 8/7/07 – SWFWMD's Answer served. 8/9/07 - Plaintiffs’ Reply to Affirmative Defenses and Motion to Strike served. 8/15/07 - Defendant SWFWMD’s Motion for Summary Judgment and Memorandum of Law in Support of Defendant’s Motion served. 8/23/07 - (Plaintiff’s) Motion to Bifurcate served. 10/12/07 - Defendant SWFWMD’s Amended Motion for Summary Judgment and Memorandum of Law in Support of Defendant’s Motion served. 10/17/07 - (Plaintiffs’) Motion for Partial Summary Judgment as to SWFWMD’s Liability for Taking Under Counts I, II, IV, V, VII, VIII, X, XI, XIII, XIV, XVII, XX and XXIII of Plaintiff’s Amended Complaint served. 11/6/07 – Memorandum of Law in Opposition to Plaintiffs’ Motion for Summary Judgment served. 12/7/07 - Order Denying Defendant’s Amended Motion for Summary Judgment; Order Granting Plaintiff’s Motion for Partial Summary Judgment as to SWFWMD’s Liability for Taking entered. 1/14/08 - Order Denying Defendant Southwest Florida Water Management District’s Motion for Rehearing entered. 2/4/08 - Amended Order of Referral to mediation entered; Agreed Order Regarding Date of Taking entered. 2/20/08 - Notice of Invoking Automatic Stay Pending Review Pursuant to Rule 9.310(b)(2), Fla.R.App.P. served. 2/22/08 - Motion for Relief from Stay; Notice of Hearing (scheduled for 3/4/08) served. 5/9/08 - Defendant’s Notice of Serving Proposal for Settlement to Plaintiffs served. 7/15/08 Order Setting Case Management Conference (on 8/27/08) entered. 8/7/08 – Proposed Stipulated Order served. 8/18/08 - Stipulated Order of Referral to Mediation entered. 9/05/08 - Motion in Limine on Taking Issue served. 9/8/08 - Order Scheduling Case for Jury Trial, Pretrial Conference & Referral to


9

Mediation entered. (Trial set for 1/26/09; Pretrial set for 1/16/09). 9/25/08 - Defendant’s Response to Plaintiffs’ Motion in Limine on the Taking Issue served. 9/29/08 - Motion to Continue Mediation Date served; Motion to Set Aside/Vacate Court’s Order Granting Partial Summary Judgment for Misrepresentation on the Court served. 10/2/08 - Amended Motion to Set Aside/Vacate Court’s Order Granting Partial Summary Judgment for Misrepresentation on the Court served and Notice of Rescheduled Hearing (set for the 10/6/08) served. 10/6/08 - Plaintiffs’ Motion to Strike or for More Definite Statement and for Sanctions and, in the Alternative, Response in Opposition to Defendant’s Motion to Set Aside/Vacate Judgment for Misrepresentation on the Court and Notice of Hearing (set for 10/6/08) served. 10/10/08 - Defendant’s Reply to Plaintiffs’ Response in Opposition to Motion to Set Aside/Vacate served. 10/13/08 - Order (vacating Order Granting Plaintiff’s Motion for Partial Summary Judgment (entered 12/7/07)) entered. 10/23/08 - Plaintiffs’ Motion for Rehearing and Reconsideration served. 10/31/08 - Memorandum in Opposition to Plaintiffs’ Motion for Reconsideration of the Court’s Order Vacating the Order Granting Partial Summary Judgment served. 11/12/08 - Notice of Hearing (Case Management Conference and Plaintiffs’ Motion to Continue - set for 12/18/08) served; Order on Plaintiffs’ Motion for Rehearing and Reconsideration (denied) entered. 11/13/08 - Motion for Case Management Conference and to Continue Trial served. 12/23/08 - Order (granting Motion to Continue the Trial) entered. 3/12/09 - Motion for Partial Summary Judgment as to Issue of Whether Lots 3-7 Carry With Them the Statutory Right to Bulkhead and Fill Pursuant to Section 253.15, F.S. (1955) served. 3/31/09 - Notice of Hearing (on above Motion - set for June 8, 2009) served.

Madonia, Batista and Evelyn v. SWFWMD/Case No. 09 CA 2095


C. Felice/J. Ward

Complaint for Declaratory Judgment

2/23/09 - Complaint for Declaratory Judgment filed. 3/12/09 - District's Acceptance of Service of Complaint (accepting service as of March 11, 2009) served. 3/30/09 - Defendant's Motion to Dismiss or Stay Until Administrative Remedies Have Been Exhausted served.

Mudd, Marcia, et al. v. SWFWMD, et al./Case No. 2006CA-001537-0000


E. H. Kohlmyer,III/J. Ward

Complaint for Inverse Condemnation and Continuing Trespass

11/3/08 - Summons and Second Amended Complaint for Inverse Condemnation and Continuing Trespass served. 12/4/08 - Defendant, SWFWMD’s Motion to Dismiss and/or Motion to Abate and/or Motion for a More Definite Statement served. 12/5/08 - Order Granting State of Florida’s Motion to Extend Time in Which to Serve Responsive Pleading entered. 12/11/08 - Amended Answer and Affirmative Defenses of Defendant, City of Lake Wales to Plaintiffs’ Second Amended


10

Complaint served. 12/17/08 - City of Lake Wales’ discovery requests to Plaintiffs served. 12/23/08 - Reply to Affirmative Defenses Asserted by Defendant City of Lake Wales served.

Reynolds, Mark D. v. SWFWMD & Lowry Park Zoological Society of Tampa, Inc./Case No. 08-CA-28944

13th Judicial Circuit/M. Nacke

L. Tetreault/J. Ward

Claim of unjust enrichment 1/12/09 - Summons, Complaint, Affidavit of Service, Certificate of Service received from Attorney General's office. 1/16/09 - Defendant's (Lowry Park Zoological Society) Motion for Extension of Time to Respond to Plaintiff's Complaint served. 1/20/09 - Defendant SWFWMD’s Motion to Dismiss for Insufficiency of Service of Process served. 1/22/09 - Motion for Leave of Court to File Amended Complaint and Amend Style of Case served. 1/26/09 - Defendant's (Lowry Park Zoological Society of Tampa, Inc.) Second Motion for Extension of Time to Respond to Plaintiff's Complaint served. 1/29/09 - Notice of Hearing; Amended Notice of Hearing and Second Amended Notice of Hearing served (set for 3/4/09). 2/6/09 - Defendant's (Lowry Park Zoological Society, Inc.'s) Answer and Defenses and Counterclaim served. 2/17/09 - (Reynolds') Motion to Dismiss Counter Complaint served. 2/25/09 - Notice of Cancellation of Hearing (for "Thursday, February 25, 2009 at 9:00 a.m." -- no hearing set for that date) served. 3/6/09 - Motion for Permission to Withdraw as Attorney of Record for Plaintiff, Mark D. Reynolds served; Notice of Hearing on Motion (scheduled for 4/9/09) served.

Rockwell, Karen v. SWFWMD/Case No. 09-00534

13th Judicial Circuit/J. M. Barton

J. Ward Claim for injuries incurred by auto accident with District vehicle driven by District employee

2/4/09 - Summons, Complaint, Request for Admissions, Request to Produce, Interrogatories served. 2/26/09 - Defendant's Answer and Affirmative Defenses served; Defendant's First Request for Production of Documents Upon Plaintiff served; Notice of Service of First Set of Interrogatories Upon Plaintiff served; Request for Admissions to Plaintiff served; Defendant's Response to Plaintiff's Request for Admissions served. 2/26/09 - (SWFWMD's) Motion to Strike served.

SWFWMD v. Sanders, Jessie Dean, et al./Case No. 09CA1794

10th Judicial Circuit, Polk County/

R. Neill, Jr. Lawsuit to condemn real property

2/11/09 – Petition in Eminent Domain; Declaration of Taking and Estimate of Value in Connection with Parcel No. 20-503-197; and Notice of Lis Pendens served. 2/16/09 – Summons to Show Cause and Notice of Hearing Date served. 3/6/09 – Mediated Settlement Agreement entered. 4/6/09 – Stipulated Final Judgment served.


11

Trinkaus, Regina v. SWFWMD/Case No. H27CA2007-175

5th Judicial Circuit, Hernando County/D. Merritt, Sr.

T.Gonzalez/L.Tetreault

Complaint for breach of contract 2/26/07 – Complaint served. 3/16/07 – Defendant’s Motion to Dismiss Plaintiff’s Complaint for Failure to State a Cause of Action, or, Alternatively, Motion for More Definite Statement, and Memorandum of Law served. 6/21/07 - Defendant’s Reply Memorandum served. 10/2/07 - Order (granting SWFWMD's Motion to Dismiss without prejudice) entered. 10/02/07 - Amended Complaint served. 10/19/07 - Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint for Failure to State A Cause of Action and Memorandum of Law served. 11/26/07 - Plaintiff’s Memorandum in Opposition to Defendant’s Motion to Dismiss the Amended Complaint served. 12/18/07 - Plaintiff’s Counter Motion for Section 57.105 Sanctions and Incorporated Memorandum of Law served. 3/4/08- Notice of Filing - Motion for Attorney’s Fees and Costs Pursuant to Section 57.105, Florida Status, and Incorporated Memorandum of Law served.4/15/08 - Notice of Hearing (on our Motion to Dismiss Amended Complaint set for 6/2/08) served. 6/2/08 - Emergency Motion to Continue or in the Alternative Other Relief served. 6/3/08 - Order (granting our Motion to Dismiss Amended Complaint w/o prejudice and granting Plaintiff 15 days from 6/2/08, in which to file Second Amended Complaint) entered. 6/18/08 - Second Amended Complaint served. 7/1/08 - Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint for Failure to State a Cause of Action and Incorporated Memorandum of Law served. 9/25/08 - Order to Show Cause entered (giving Trinkaus 10 days to respond to our Motion to Dismiss Second Amended Complaint). 10/27/08 - Defendant’s Reply to Plaintiff’s Memorandum in Opposition to Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint served. 11/17/08 - Response to Supplement to Motion to Dismiss served. 12/30/08 - Defendant’s Unopposed Motion for Extension of Time to Respond to Plaintiff’s Second Amended Complaint served. 1/5/09 - Order Granting Defendant’s Unopposed Motion for Extension of Time to Respond to Plaintiff’s Second Amended Complaint entered. 1/7/09 - Defendant’s Answer and Defenses to Plaintiff’s Second Amended Complaint served. 1/29/09 - Notice of Taking Deposition (of Trinkaus on 5/21/09) served. 2/3/09 - Defendant's First Request for Production to Plaintiff, and; Notice of Serving Defendant's First Set of Interrogatories to Plaintiff served. 3/4/09 - Order of Referral to General Magistrate entered; Order Scheduling Case Management Conference (set for 4/8/09) entered. 3/5/09 - (Trinkaus') Motion


12

for Extension of Time to Answer Discovery served. 3/20/09 - Amended Notice of Taking Deposition (Trinkaus - set for June 3, 2009) served. 4/3/09 - Defendant's Case Management Statement served.

SWFWMD v. Gerena, Kenneth J. and Baytarian, Melinda Lee/Case No. 08-35951

County Court/ HillsboroughCounty/

L. Tetreault Complaint for Unlawful Entry 11/12/08 - Complaint filed. 11/17/08 - Complaint served. 12/10/08 - Default entered.

APPEALS

Blanco, Octavio v. Win-Suncoast, Ltd. and SWFWMD/Case No. 2D08-2012

Second District Court of Appeal

J. Ward Appeal of Final Order of SWFWMD 4/23/08 – Notice of Administrative Appeal served. 4/25/08 – Acknowledgment of New Case filed. 6/5/08 – Index to Record served. 7/9/08 – Notice of Appearance (of Bricklemyer Smolker & Bolves, P.A.) and Motion for Sanctions served. 7/9/08 – Motion for Enlargement of Time to File Initial Brief served. 7/21/08 – Response to Motion for Enlargement of Time to File Initial Brief served. Order granting motion to extend time entered. 7/30/08 – Order denying motion for sanctions filed by Win-Suncoast entered. 8/7/08 – Record on Appeal served. 8/21/08 – Initial Brief of Appellant Octavio Blanco served. 8/29/08 – SWFWMD's Agreed Motion for Enlargement of Time to File Answer Brief served. 9/3/08 - Stipulated Motion for Extension of Time to File Answer Brief served; and Order Granting Extension of Time for Answer Brief entered. Answer Brief due 10/10/08. 9/5/08 – Order granting Win-Suncoast's extension of time to file answer brief entered. 10/7/08 – Answer Brief of Appellee, Win-Suncoast, Ltd. served. 10/9/08 – SWFWMD's Answer Brief served. 11/4/08 – Motion for Enlargement of Time to File Reply Brief served. 11/12/08 – Order granting motion for enlargement of time entered. 11/24/08 – Reply Brief of Appellant Octavio Blanco served. 2/26/09 - Notice of Supplemental Authority served.

L:\PRIVATE\Jan Kaesemeyer\Litigation Reports\2009LitRpts\LitigationRptApr09.doc

*TBD-To be determined

RULEMAKING UPDATEApril 2009

PROPOSED RULES FOR WHICH THE GOVERNING BOARD HASAUTHORIZED INITIATION OF RULEMAKING

Rule InitiationDate

NextScheduled

Action

BoardProjected/Approved

Date1. 40D-1 thru 40D-400 – Amend rules

where forms and other documents are incorporated by reference

NA Initiation Apr 2009 Apr 2009

2. 40D-1.002, 1.600, 1.6051, 1.1020, 2.041, 2.091, 4.021, 4.041, 4.091, 40.302 – Expand delegation of authority to Executive Director to issue ERPs and WUPs

Apr 2008Sep 2008

Effective approx Apr 2009

Jan 2009

3. 40D-1.107 – Revise Hillsborough River Basin Board legal description

Dec 2008 Effective approx July 2009

Dec 2008

4. 40D-1.139 – Americans with Disabilities Act & Discrimination in Federally Funded Programs Public Grievance Procedures

NA Initiation Mar 2009 Mar 2009

5. 40D-1.6051 (Formerly 40D-1.1020) -Revise permit application processing timeframes

Sep 08 ERP Advisory Groups, Public

Workshops

May 2009

6. 40D-1.607 - Revise permit processing fee for legislative fee increase

July 08 ERP Advisory Groups

July 2009

Aug 2009

7. 40D-1.659, 40D-2.091 - Adopt flow meter accuracy verification reporting and forms requirements

Apr 2008, Dec 2008

Effective Mar 26, 2009

Dec 2008

8. 40D-1.659 - Revise WUP Application forms for WMIS

Feb 2008 Approval Mar 2009

9. 40D-2 – Upper Peace River/Lake Hancock Reservation

NA Initiation May 2009 Aug 2009

10.40D-2, 40D-8 & 40D-80 – Amendments to Phase II of Northern Tampa Bay MFL recovery strategy

NA Initiation Apr 2009 Sep 2009

11.40D-2.041 - Revise definition of small general WUP category

Oct 2008 Effective approx Jun 2009

Oct 2008

12.40D-2.091 - Enhance water conservation requirements

Apr 2007 Approval May 2009


Rule InitiationDate

NextScheduled

Action


Date13.40D-2.301, 40D-2.321, BOR 1.9 -

Provide for a 20-year permit for uses with both traditional and AWS sources, 5-year compliance review, population growth report, establish permit fee, clarify type of ERP required to obtain a 20-year permit for multi-phase, long-term AWS projects

Jul/Aug 2006

Sep 2007

Approval May 2009

14.40D-3.037 – Incorporate EPA Memorandum of Understanding for a revised list of superfund sites

NA Initiation Apr 2009 May 2009

15.40D-4.091 - Amend ERP BOR rules regarding mitigation for impacts to wetlands and other surface waters

Jun 2008 *TBD TBD

16.40D-4.091 - Amend Appendix 4, Sec (9)(j)3 of the ERP BOR to remove“taxes” as element included in cost estimates for perpetual management of mitigation banks

Sep 2008 Effective approx May2009

Sep 2008

17.40D-4.091 - Amend ERP BOR to maintain the protection of certain listed wildlife species of the Bald Eagle

Jun 2008 TBD TBD

18.40D-4.091 - Amend Chapters 4 and 7 of the ERP BOR regarding water quantity criteria

Sep 2008 Approval Jun 2009

19.40D-4.091 - Amend ERP BOR to clarify that entities with power of eminent domain demonstrate ownership and control sufficient for an O & M entity

August 2008

Effective approx May2009

Jan 2009

20.40D-8.031 – Clarify Hillsborough River segment references and water bodies for which MFLs and guidance levels are not established

NA Initiation Jul 2009 Mar 2009

21.40D-8.041 - Add minimum flows for Weeki Wachee River

Dec 2008 Effective approx May2009

Dec 2008

22.40D-8.041 – Add minimum flows for estuarine segment of lower Alafia River

NA Initiation Jun 2009 May 2009

23.40D-8.041 – Add minimum flows for estuarine segment of Peace River and Shell Creek

NA Initiation Jul 2009 Jul 2009

24.40D-8.624 - Add minimum levels for Crews Lake in Pasco County

Nov 2006 TBD TBD


Rule InitiationDate

NextScheduled

Action


Date25.40D-8.624 - Add minimum levels for

Lake Anoka in Highlands CountyDec 2008 Effective approx May

2009Dec 2008

26.40D-8.624 Guidance and minimum levels for Lakes-Technical corrections to amend levels as needed-NTB recovery

NA TBD Sep 2009

27.40D-22 - Amend Year-Round Water Conservation Measures in accordance with statewide consistency initiative

Apr 2008 Pending until adopted by SFWMD

Dec 2008

H.R

eports

Items 7 - 7


EXECUTIVE DIRECTOR’S REPORT

7 . Executive Director’s Report

COMMITTEE/LIAISON REPORTS

7 . Industrial Advisory Committee

The Committee met on April 14, 2009, and Ms. Closshey is the Board’s liaison.

7 . Public Supply Advisory Committee

The Committee met on April 14, 2009, and Mr. Pressman is the Board’s liaison.

7 . Well Drillers Advisory Committee

The Committee met on April 22, 2009, and Mr. Oakley is the Board’s liaison.

CHAIRMAN’S REPORT

7 . Chairman’s Report