Governing Board Meeting

Transcription

1 Governing Board Meeting Agenda and Meeting Information February 26, :00 a.m. Sarasota Service Office Board Room 6750 Fruitville Road Sarasota, Florida Myakka River

2 2379 Broad Street, Brooksville, Florida (352) or (FL only) TDD only (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 2379 Broad Street, Brooksville, FL ; telephone (352) , ext. 4702, or (FL only), ext. 4702; TDD (FL only) ; or to AGENDA MEETING NOTICE GOVERNING BOARD MEETING FEBRUARY 26, :00 a.m. SARASOTA SERVICE OFFICE 6750 FRUITVILLE ROAD OR All meetings are open to the public. Viewing of the Board meeting will be available at each of the District offices and through the District s web site ( -- follow directions to use internet streaming. Public input will be taken only at the meeting location. Public input for issues not listed on the published agenda will be heard shortly after the meeting begins. Pursuant to Section (7), Florida Statutes, all or part of this meeting may be conducted by means of communications media technology in order to permit maximum participation of Governing Board members. The Governing Board may take official action at this meeting on any item appearing on this agenda and on any item that is added to this agenda as a result of a change to the agenda approved by the presiding officer of the meeting pursuant to Section , Florida Statutes. The order of items appearing on the agenda is subject to change during the meeting and is at the discretion of the presiding officer. Public Comment will be taken after each presentation and before any Governing Board action(s) except for Governing Board hearings that involve the issuance of final orders based on recommended Orders received from the Florida Division of Administrative Hearings. Unless specifically stated, scheduled items will not be heard at a time certain. The current Governing Board agenda and minutes of previous meetings are on the District's web site: Bartow Service Office 170 Century Boulevard Bartow, Florida (863) or (FL only) Sarasota Service Office 6750 Fruitville Road Sarasota, Florida (941) or (FL only) Tampa Service Office 7601 Fort King Highway (Hwy 301 N) Tampa, Florida (813) or (FL only)

3 SWFWMD GOVERNING BOARD AGENDA ~2 ~ February 26, :00 A.M. CONVENE PUBLIC HEARING AND MEETING (TAB A) 1. Call to Order 2. Pledge of Allegiance and Invocation 3. Oath of Office for Newly Appointed or Reappointed Board Members 4. Additions/Deletions to Agenda 5. Public Input for Issues Not Listed on the Published Agenda 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 6. Revised Board Policy , Well Drillers Advisory Committee 7. Individual Water Use Permits (WUPs) Referred to the Governing Board Resource Management Committee Florida Department of Transportation Mitigation Program Plan 9. Peace River Manasota Regional Water Supply Authority Regional Integrated Loop System Phase 3A Project Budget Transfer 10. Authorize Submission of Preliminary Flood Insurance Rate Maps for the Peace Creek Watershed in Polk County to the Federal Emergency Management Agency 11. Facilitating Agricultural Resource Management Systems (FARMS) a. Revenue Agreement with the Florida Department of Agriculture and Consumer Services (FDACS) for the FARMS Program b. Revenue Agreement with the FDACS for Mini-FARMS Program Finance/Outreach & Planning Committee 12. Budget Transfer Report 13. Approve 2013 Consolidated Annual Report General Counsel s Report 14. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval None 15. Rulemaking a. Initiation and Approval of Rulemaking to Amend Rule 40D-2.331, F.A.C., and Water Use Permit Letter Modification Short Form (Form Mo. LEG-R (3/09) to Allow the Use of the Form to Modify Permits Associated with FARMS Projects and to Clarify the District s Ability to Reduce Standby Quantities Executive Director s Report 16. Approve Governing Board Meeting Minutes a. Flying Eagle Evaluation Team Meeting January 18, 2013 b. Financial Investments Ad Hoc Committee Meeting January 28, 2013 c. Monthly Meeting January 29, 2013 REGULATION COMMITTEE (TAB C) Discussion Items 17. Consent Item(s) Moved for Discussion 18. Hydrologic Conditions Status Report 19. Consider Water Shortage Order Recommendations 20. Denials Referred to the Governing Board Submit & File Reports None Routine Reports 21. Southern Water Use Caution Area Quantities 22. Overpumpage Report 23. E-Permitting Metrics: Online vs. Paper Applications 24. Individual Permits Issued by District Staff 25. Resource Regulation Significant Initiatives

4 SWFWMD GOVERNING BOARD AGENDA ~3 ~ February 26, 2013 OPERATIONS &LAND MANAGEMENT COMMITTEE (TAB D) Discussion Items None Submit & File Reports None Routine Reports 26. Structure Operations 27. Significant Activities FINANCE/OUTREACH &PLANNING COMMITTEE (TAB E) Discussion Items 28. Consent Item(s) Moved for Discussion Submit & File Report 29. Legislative Update Routine Reports 30. Treasurer's Report and Payment Register 31. Monthly Financial Statement 32. Monthly Cash Balances by Fiscal Year 33. Comprehensive Plan Amendment and Related Reviews Report 34. Development of Regional Impact Activity Report 35. Significant Activities RESOURCE MANAGEMENT COMMITTEE (TAB F) Discussion Items 36. Consent Item(s) Moved for Discussion 37. Peace River/Manasota Regional Water Supply Authority Update Submit & File Reports None Routine Reports 38. Minimum Flows and Levels 39. Watershed Management Program and Federal Emergency Management Agency Map Modernization 40. Significant Water Supply and Resource Development Projects GENERAL COUNSEL S REPORT (TAB G) Discussion Items 41. Consent Item(s) Moved for Discussion Submit & File Reports None Routine Reports 42. Litigation Report 43. Rulemaking Update COMMITTEE/LIAISON REPORTS (TAB H) 44. FARMS Workgroup/Agricultural/Green Industry Advisory Committees Meeting 45. Industrial/Public Supply Advisory Committees Meeting 46. Other Liaison Reports EXECUTIVE DIRECTOR S REPORT (TAB I) 47. Executive Director s Report CHAIR S REPORT (TAB J) 48. Chair s Report RECESS PUBLIC HEARING

5 SWFWMD GOVERNING BOARD AGENDA ~4 ~ February 26, 2013 ANNOUNCEMENTS Governing Board Meetings Schedule: Meeting Brooksville... March 26, 2013 Meeting Tampa... April 30, 2013 Meeting Brooksville... May 21, 2013 Meeting Tampa... June 25, 2013 Regional Cooperative Funding Public Meetings Schedule: Northern Brooksville... April 9, 2013 Southern Sarasota... April 10, 2013 Tampa Bay Tampa... April 16, 2013 Heartland Bartow... April 17, 2013 Advisory Committee Meeting Schedule: Agricultural/Green Industry Tampa CANCELED... March 14, 2013 Well Drillers Tampa... April 10, 2013 Environmental Tampa... April 15, 2013 Industrial/Public Supply Tampa... May 14, 2013 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 District, 2379 Broad Street, Brooksville, Florida 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.

6 GOVERNING BOARD OFFICERS, COMMITTEES AND LIAISONS Effective December 2012 May 2013 Chair Vice Chair Secretary Treasurer OFFICERS H. Paul Senft, Jr. Douglas B. Tharp Albert G. Joerger Jeffrey M. Adams OPERATIONS AND LAND MANAGEMENT COMMITTEE Doug Tharp, Chair Randy Maggard, Vice Chair Albert Joerger RESOURCE MANAGEMENT COMMITTEE Michael Babb, Chair Todd Pressman, Vice Chair Carlos Beruff FINANCIAL INVESTMENTS AD HOC COMMITTEE REGULATION COMMITTEE FINANCE/OUTREACH AND PLANNING COMMITTEE Carlos Beruff, Chair Jeff Adams, Chair * Todd Pressman, Vice Chair Wendy Griffin George Mann RECREATION AD HOC COMMITTEE Jennifer Closshey, Vice Chair Michael Babb * Board policy requires the Governing Board Treasurer to chair the Finance Committee. SURPLUS LANDS AD HOC COMMITTEE FLYING EAGLE EVALUATION Jeff Adams, Chair Randy Maggard, Chair Albert Joerger, Chair Doug Tharp, Chair Michael A. Babb Doug Tharp, Vice Chair Jeff Adams, Vice Chair Wendy Griffin Carlos Beruff Wendy Griffin Carlos Beruff Albert Joerger Jennifer Closshey Albert Joerger Jennifer Closshey Randy Maggard Randy Maggard Doug Tharp George Mann STANDING COMMITTEE LIAISONS Agricultural Advisory Committee Michael Babb Environmental Advisory Committee Wendy Griffin Green Industry Advisory Committee Doug Tharp Industrial Advisory Committee Randy Maggard Public Supply Advisory Committee Well Drillers Advisory Committee OTHER LIAISONS Strategic Planning Initiative Central Florida Water Initiative Charlotte Harbor National Estuary Program Policy Board Sarasota Bay Estuary Program Policy Board Tampa Bay Estuary Program Policy Board Tampa Bay Regional Planning Council Jennifer Closshey Paul Senft Albert Joerger Wendy Griffin Todd Pressman, primary Jeff Adams, alternate 11/29/2012

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8 Executive Summary GOVERNING BOARD MEETING FEBRUARY 26, :00 a.m. If viewing this document electronically, links are now available from the Executive Summary to the item s information page. To return to the Executive Summary, click on the item number in the upper right-hand corner of the page. CONVENE PUBLIC HEARING AND MEETING (TAB A) 1. Call to Order 2. Pledge of Allegiance and Invocation 3. Oath of Office for Newly Appointed or Reappointed Board Members 4. Additions/Deletions to Agenda 5. Public Input for Issues Not Listed on the Published Agenda 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 6. Revised Board Policy , Well Drillers Advisory Committee Staff recommends the Board approve revised Policy , Well Drillers Advisory Committee, to remove reference to Basin Boards. 7. Individual Water Use Permits (WUPs) Referred to the Governing Board If any Individual WUPs are referred to the Board, these will be presented at the meeting under this agenda item. A summary and draft permit will be made available prior to the Board meeting, preferably in the Board s meeting materials. Resource Management Committee Florida Department of Transportation Mitigation Program Plan Pursuant to Section , F.S., the District is required to develop a mitigation plan for wetland impacts associated with FDOT roadway projects. The mitigation plan is annually updated to add and/or remove projects, incorporate revised wetland impact estimates from the FDOT, and make any necessary modifications to previously approved plans. The District s FDOT Mitigation Plan is required to be approved by March 1 of each year. The FDOT has purchased or intends to purchase mitigation bank credits to offset wetland impacts for 21 projects with wetland impacts totaling an estimated acres. Staff recommends the Board approve the District s 2013 Florida Department of Transportation Mitigation Plan.

9 SWFWMD Board Meeting Executive Summary ~2 ~ FEBRUARY 26, Peace River Manasota Regional Water Supply Authority Regional Integrated Loop System Phase 3A Project Budget Transfer In September 2012, the Authority estimated that $126,000 would cover the remaining District share of eligible costs incurred prior to the Phase 3A project completion and funding agreement expiration. Based on the Authority s estimate, the District retained $126,000 of project funds for FY2013 for final payment and allowed $151,470 of encumbered project funds to lapse. This action enabled the District to utilize the surplus funds for other projects in the FY2013 budget. In November 2012, the Authority submitted the final pay request for an amount of $193,697; which exceeds the remaining project funds available by $67,697. As a remedy, the Authority has requested the District transfer $67,697 of funds from the Phase 2 project to the Phase 3A project. The District s share of Phase 2 is $7,783,015. Phase 2 is substantially complete and is currently approximately $500,000 below budget. Staff recommends the Board approve the transfer of $67,697 from the Regional Integrated Loop System Phase 2 project to the Regional Integrated Loop System Phase 3A project. 10. Authorize Submission of Preliminary Flood Insurance Rate Maps for the Peace Creek Watershed in Polk County to the Federal Emergency Management Agency 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 floodplain information for the Peace Creek watershed was prepared by a District consultant (Engineering Firm of Record), reviewed by District staff, and then reviewed by the District s independent peer review consultant. The District s Environmental Resource Permitting 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. The public workshops were held on December 11 and 12, Approximately 12,600 affected property owners were notified of the workshop by mail, 150 attended, and 126 property owners contacted District staff by phone or . The floodplain information was also made available through the District s website. Staff recommends the Board authorize submission of preliminary Flood Insurance Rate Maps (FIRMs) for the Peace Creek watershed in Polk County to the Federal Emergency Management Agency (FEMA). 11. Facilitating Agricultural Resource Management Systems (FARMS) a. Revenue Agreement with the Florida Department of Agriculture and Consumer Services (FDACS) for the FARMS Program The District and FDACS developed the FARMS Program in 2002 to address water resource concerns. The District/FDACS FARMS Program Operating Agreement, last updated in 2005, governs the relationship between the two agencies. A key component of the Operating Agreement is the provision that both parties will provide funding to the program based upon State of Florida and District Governing Board allocations. FDACS has identified $1.0M that can be allocated to the FARMS Program; however, these funds must be spent by June 30, Staff believes that this can be accomplished as long as the FDACS funds can be applied to previously Governing Board approved FARMS projects that are currently under construction or in contract development. For projects that are under contract, this will require a contract amendment to add contract provisions that are necessary when using state funds. For projects in contract development, staff will simply add the state contract provisions. These contractual adjustments will only be performed with the cooperators consent. Staff recommends the Board (1) approve the District/FDACS revenue agreement for $1,000,000; (2) authorize the use of the FDACS revenue ($1,000,000) to replace ad valorum funding on FARMS Projects previously approved by the Governing Board and completion of contract amendments with FARMS Program participants, as necessary, to use the state funds; and (3) authorize Executive to execute the agreement.

10 SWFWMD Board Meeting Executive Summary ~3 ~ FEBRUARY 26, 2013 b. Revenue Agreement with the FDACS for Mini-FARMS Program FDACS has identified an additional $200,000 that can be allocated to the Mini-FARMS Program; however, these funds must be spent by June 30, FDACS has indicated that these funds would be used for construction of weather stations on agricultural properties that would (1) provide individual growers with on-site weather information to better manage water use, especially during frost/freeze events, and (2) provide additional information to the Florida Automated Weather Network (FAWN) that is operated by University of Florida (UF) - Institute of Food and Agricultural Science (IFAS). FDACS has already coordinated with the agricultural community and IFAS to identify the majority of the sites where the weather stations would be located. The District s role would involve its typical administration of the Mini-FARMS Program in coordination with FDACS. In order to accommodate the FDACS request to use the $200,000 for Mini-FARMS, it is necessary to transfer $200,000 from the FARMS Program (H017) to the Mini-FARMS Program (H529). The District ad valorum funds transferred into Mini-FARMS (H529) would be used to directly reimburse the Mini-FARMS program participants and then reimbursement would occur to the District through FDACS as specified in the revenue agreement. Staff recommends the Board (1) authorize the transfer of $200,000 from FARMS Program funds (H017) to the Mini-FARMS Program (H529); (2) approve the District/FDACS revenue agreement for $200,000 for the Mini-FARMS Program; and (3) aauthorize Executive to execute the agreement. Finance/Outreach & Planning Committee 12. Budget Transfer Report Staff recommends the Board approve the Budget Transfer Report covering all budget transfers for January Approve 2013 Consolidated Annual Report Section , Florida Statutes (F.S.), requires the water management districts to prepare a "Consolidated Water Management District Annual Report." The legislation requires the report be submitted by March 1 of each year to the Governor, DEP, the President of the Senate, and the Speaker of the House of Representatives. In addition, copies must be provided to the chairs of all legislative committees having substantive or fiscal jurisdiction over the districts and the governing board of each county in the district having jurisdiction or deriving any funds for operations of the district. Copies of the consolidated annual report must be made available to the public, either in printed or electronic format. Staff recommends the Board approve the 2013 Consolidated Annual Report and its transmittal. General Counsel s Report 14. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval None 15. Rulemaking a. Initiation and Approval of Rulemaking to Amend Rule 40D-2.331, F.A.C., and Water Use Permit Letter Modification Short Form (Form Mo. LEG-R (3/09) to Allow the Use of the Form to Modify Permits Associated with FARMS Projects and to Clarify the District s Ability to Reduce Standby Quantities As of January 2013, there are 102 operational FARMS projects, and 64 additional projects have been Board-approved and are in the contract development or construction stage. The 166 total Board-approved projects are projected to have a groundwater offset of 24.5 million gallons of water per day District-wide and 22.8 million gallons per day for the 120 Boardapproved projects within the SWUCA. The projected offset for the 25 Board-approved Frost- Freeze Protection projects (post-january 2010) within the DPCWUCA is 48.4 million gallons per day per freeze event.

11 SWFWMD Board Meeting Executive Summary ~4 ~ FEBRUARY 26, 2013 As part of a review by the Office of General Counsel of all District contract templates, revisions to the contract associated with the FARMS Program were recommended. The overall goals of the contract revisions were to better define the relationship between District and Applicant, establish expectations of how conserved quantities can be used, ensure the resource benefit and manage the District s risk. A FARMS Workgroup was created for the purpose of receiving feedback from the Agricultural community on the proposed contract template change. After several FARMS Workgoup meetings, the District negotiated an acceptable contract template. The new contract template requires the District s partner to modify its permit to (a) incorporate the use of the FARMS project; (b) transfer the groundwater quantities estimated to be conserved or offset as a result of the FARMS project to standby quantities; and (c) include specific contract provisions related to the standby quantities. Rather than requiring the District s partner to submit a formal modification application, the contract allows for the letter modification process to be used as it s a less burdensome process. The current District rule on water use permit modifications, Rule 40D-2.331, Florida Administrative Code (F.A.C.), limits the use of the letter modification form. A permittee that does not meet the limited criteria for a letter modification is required to submit an application for a formal modification. Rule 40D-2.331, F.A.C., and the associated Water Use Permit Letter Modification Short Form (Form Mo. LEG-R (3/09)) will be amended to allow for the use of the form to modify permits associated with FARMS projects. In addition, a concern was raised regarding the District reducing standby quantities during future permit modifications and renewals. Rule 40D-2.331, F.A.C., will be amended to provide that standby quantities will not be reduced as long the permittee operates the FARMS project and the conditions of issuance provided for in Chapter 373, F.S. and Chapter 40D-2, F.A.C., are met. Upon Governing Board approval, staff will proceed with the changes, in accordance with the process described on the rulemaking chart, without further Governing Board action, unless substantive public comment is received or substantive changes are proposed, in which case the matter will be brought back before the Governing Board for additional consideration. Staff recommends the Board initiate and approve rulemaking to amend Rule 40D-2.331, F.A.C., and Water Use Permit Letter Modification Short Form (Form Mo. LEG-R (3/09) to allow the use of the form to modify permits associated with FARMS projects, to clarify the District s ability to reduce standby quantities, and authorize staff to make any necessary clarifying or technical changes that may result from the rulemaking process. Executive Director s Report 16. Approve Governing Board Meeting Minutes a. Flying Eagle Evaluation Team Meeting January 18, 2013 b. Financial Investments Ad Hoc Committee Meeting January 28, 2013 c. Monthly Meeting January 29, 2013 Staff recommends approving the minutes as presented. REGULATION COMMITTEE (TAB C) Discussion Items 17. Consent Item(s) Moved for Discussion 18. 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. This item is presented for the Committee's information, and no action is required.

12 SWFWMD Board Meeting Executive Summary ~5 ~ FEBRUARY 26, Consider Any Recommended Water Shortage Orders Only one Water Shortage Order is currently in effect. Water Shortage Order No. SWF (Order) was most recently extended by the Governing Board on December 18, This Districtwide Order, currently scheduled to expire on July 31, 2013, is a Phase I declaration in accordance with the District s Water Shortage Plan (Chapter 40D-21, F.A.C.). Staff will present a recommendation at the meeting based on then-current conditions and predictions. 20. Denials Referred to the Governing Board If any denials are requested to be referred to the Governing Board, these will be presented at the meeting. Submit & File Reports None Routine Reports The following items are provided for the Committee s information, and no action is required. 21. Southern Water Use Caution Area Quantities 22. Overpumpage Report 23. E-Permitting Metrics: Online vs. Paper Applications 24. Individual Permits Issued by District Staff 25. Resource Regulation Significant Initiatives OPERATIONS &LAND MANAGEMENT COMMITTEE (TAB D) Discussion Items None Submit & File Reports None Routine Reports The following items are provided for the Committee s information, and no action is required. 26. Structure Operations 27. Significant Activities FINANCE/OUTREACH &PLANNING COMMITTEE (TAB E) Discussion Items 28. Consent Item(s) Moved for Discussion Submit & File Report The following item is submitted for the Committee s information, and no action is required. 29. Legislative Update Routine Reports The following items are provided for the Committee s information, and no action is required. 30. Treasurer's Report, Payment Register and Contingency Funds Report 31. Monthly Financial Statement 32. Monthly Cash Balances by Fiscal Year 33. Comprehensive Plan Amendment and Related Reviews 34. Development of Regional Impact Activity Report 35. Significant Activities RESOURCE MANAGEMENT COMMITTEE (TAB F) Discussion Items 36. Consent Item(s) Moved for Discussion

13 SWFWMD Board Meeting Executive Summary ~6 ~ FEBRUARY 26, Peace River/Manasota Regional Water Supply Authority Update Mr. Pat Lehman, Executive Director of the Peace River Manasota Regional Water Supply Authority will update the Board regarding the status of the Authority s water supplies, regional pipeline interconnection projects and vision for the future. This item is presented for the Committee's information, and no action is required. Submit & File Reports None Routine Reports The following items are provided for the Committee s information, and no action is required. 38. Minimum Flows and Levels 39. Watershed Management Program and Federal Emergency Management Agency Map Modernization 40. Significant Water Supply and Resource Development Projects GENERAL COUNSEL S REPORT (TAB G) Discussion Items 41. Consent Item(s) Moved for Discussion Submit & File Reports None Routine Reports The following items are provided for the Board s information, and no action is required. 42. Litigation Report 43. Rulemaking Update COMMITTEE/LIAISON REPORTS (TAB H) The following items will be provided for the Board s information at the meeting. 44. FARMS Workgroup/Agricultural/Green Industry Advisory Committees Meeting 45. Industrial/Public Supply Advisory Committees Meeting 46. Other Liaison Reports EXECUTIVE DIRECTOR S REPORT (TAB I) 47. Executive Director s Report CHAIR S REPORT (TAB J) 48. Chair s Report ANNOUNCEMENTS RECESS PUBLIC HEARING Governing Board Meetings Schedule: Meeting Brooksville... March 26, 2013 Meeting Tampa... April 30, 2013 Meeting Brooksville... May 21, 2013 Meeting Tampa... June 25, 2013 Regional Cooperative Funding Public Meetings Schedule: Northern Brooksville... April 9, 2013 Southern Sarasota... April 10, 2013 Tampa Bay Tampa... April 16, 2013 Heartland Bartow... April 17, 2013

14 SWFWMD Board Meeting Executive Summary ~7 ~ FEBRUARY 26, 2013 Advisory Committee Meeting Schedule: Agricultural/Green Industry Tampa CANCELED... March 14, 2013 Well Drillers Tampa... April 10, 2013 Environmental Tampa... April 15, 2013 Industrial/Public Supply Tampa... May 14, 2013 ADJOURNMENT

15 Days Without an At-Fault Accident 621 Cash Balance: $618 Million Reserves $221M Encumbrances $252M Carry Forward FY13-14 $46M Remaining Cash for FY12-13 Budget $99M Total $618M Southwest Florida Water Management District Monthly Dashboard as of January 31 Revenues $$ 31 Expenditures Days Without a Lost-Time Injury 453 FY12-13 Carry Forward Total Current Budget Encumbrance Budget Regulation $11.6M $0.6M $12.2M General Counsel $1.9M $0.4M $2.3M Resource Mgmt. $86.1M $219.6M $305.7M Chief of Staff $4.7M $1.4M $6.1M Operations $22.9M $8.2M $31.1M Mgmt. Services $30.9M $5.6M $36.5M Executive $1.4M $0.0M $1.4M Total $159.5M $235.8M $395.3M Total ERP Applications In-house: Nov Dec Jan Average Processing Time (Days) ERPs Received ERPs Issued 72% 12-month average: Regulation Permit Compliance Status 7% 9% 1% 11% Total Number of Compliance Activities: 7, WMIS Online Applications ERP WUP WCP Month Average Current Total WUP Applications In-house: Active Monitoring Active One Letter Sent Active Two or more Letters Sent Active in OGC Closed No OGC Action Required General Counsel Employee Turnover % 0.9% 12-Month Average Current Nov Dec Jan Average Processing Time (Days) WUPs Received WUPs Issued 12-month average: Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Office Space in Square Feet 242,342 June , Budget $12.2M $8.6M $0.6M $3.0M $8M Regulation Remaining Budget Encumbered Spent Budget $2.3M $1.5M $0.3M $0.5M 0.0 General Counsel Remaining Budget Encumbered Spent Resource Management Total Number of Projects: 447 Long-Term Project Budget Spend Down: $293.0M Fleet 1 Ton or Under 0 $53.4M $231.5M $8.1M Management Services Jan 2013 $395 million (current budget) Goal FY2011 Current 202,071 FY12-13 Spend Plan Chief of Staff Top 5 Most Visited District Web Pages WaterMatters.org website: Total Visitors: 12-month monthly average: 72,560 Current month: 77,898 Unique Visitors: 12-month monthly average: 48,291 Current month: 55,174 $10.6M 0 Resource Management Remaining Budget Encumbered Spent Operations, Maintenance & Construction To Be Encumbered Encumbered Spent 22,000 18,100 Public Records Requests 12-Month Avg. Current 100% 3, % 89% 60 Closed Closed 40 within within 20 7 days 7 days hours Median Closure Prescribed Fire Acres Burned $13.46 $ FY12 13 Goal 8,098 FY Year to Date $ Total Acres Managed: 264, FY12 13 Revenue Goals 23.8 hours Median Closure Page # of Views Minutes on Page Recreation 62,072 1:39 Education 19,051 1:31 Permits 15,766 2:07 Data 11, Conservation 9, $19.05 Land Management Cost Per Acre Avg Spent FY09 11 FY12 Spent FY13 Budget Year to Date $300K $60K $19K $284K $19K $122K $10K 0 0 $12K 0 Timber Cattle Leases Hog Hunts Cell Towers Total Projected Goal: $692, Oct 2012 Jan 2013 Actual Apr 2013 Invoice Receipt to Payment 34 Days Projected Jul Days 12-Month Average Current Budget $305.7M $60.1M $235.0M Budget $6.1M $3.3M Remaining Budget $1.6M Encumbered 1 $1.2M Spent 0 Chief of Staff $20K $0 0 Pinestraw Budget $31.1M $19.2M Remaining Budget $7.5M Encumbered $4.4M Spent Operations, Maintenance & Construction $10K $5K Other Budget $36.5M $19.3M Remaining Budget $6.3M Encumbered $10.9M Spent Management Services

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17 Governing Board Meeting February 26, :00 a.m. CONVENE MEETING OF THE GOVERNING BOARD AND PUBLIC HEARING PUBLIC HEARING AND MEETING 1. Call to Order Pledge of Allegiance and Invocation Oath of Office for Newly Appointed or Reappointed Board Members Additions/Deletions to Agenda Public Input for Issues Not Listed on the Published Agenda... 2

18 Items 1-5 Governing Board Meeting February 26, 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. An invocation is offered. 3. Oath of Office for Newly Appointed or Reappointed Board Members The Oath of Office will be administered to Board members who have been newly appointed or reappointed by Governor Scott. Presenter: Cara Martin, Manager, Board and Executive Services Section 4. Additions/Deletions to Agenda According to Section (2), Florida Statutes, additions to the published agenda will only be made for "good cause" as determined by the "person designated to preside." Based upon that authority, the Chair has determined that good cause exists to make certain changes to the agenda. These changes are being made in order to permit the Governing Board to efficiently accomplish necessary public business at this meeting and to reflect the items on the agenda that have been requested or suggested to be deleted, revised, supplemented or postponed. ADDITIONS: The items that have been added to the agenda were received by the District after publication of the regular agenda. The Board was provided with the information filed and the District staff's analyses of these matters. Staff has determined that action must be taken on these items prior to the next Board meeting. Therefore, it is the District staff's recommendation that good cause has been demonstrated and should be considered during the Governing Board's meeting. Staff Recommendation: Approve the recommended additions and deletions to the published agenda if necessary. Presenter: Blake C. Guillory, Executive Director 5. 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. Presenter: Paul Senft, Chair

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20 Governing Board Meeting February 26, 2013 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 6. Revised Board Policy , Well Drillers Advisory Committee Individual Water Use Permits (WUPs) Referred to the Governing Board... 5 Resource Management Committee Florida Department of Transportation Mitigation Program Plan Peace River Manasota Regional Water Supply Authority Regional Integrated Loop System Phase 3A Project Budget Transfer Authorize Submission of Preliminary Flood Insurance Rate Maps for the Peace Creek Watershed in Polk County to the Federal Emergency Management Agency Facilitating Agricultural Resource Management Systems (FARMS) a. Revenue Agreement with the Florida Department of Agriculture and Consumer Services (FDACS) for the FARMS Program b. Revenue Agreement with the FDACS for Mini-FARMS Program Finance/Outreach & Planning Committee 12. Budget Transfer Report Approve 2013 Consolidated Annual Report General Counsel s Report 14. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval None Rulemaking a. Initiation and Approval of Rulemaking to Amend Rule 40D-2.331, F.A.C., and Water Use Permit Letter Modification Short Form (Form Mo. LEG-R (3/09) to Allow the Use of the Form to Modify Permits Associated with FARMS Projects and to Clarify the District s Ability to Reduce Standby Quantities Executive Director s Report 16. Approve Governing Board Meeting Minutes a. Flying Eagle Evaluation Team Meeting January 18, b. Financial Investments Ad Hoc Committee Meeting January 28, c. Monthly Meeting January 29,

21 Item 6 Consent Agenda February 26, 2013 Regulation Committee Revised Board Policy , Well Drillers Advisory Committee District Policy , Well Drillers Advisory Committee is proposed to be revised to remove reference to Basin Boards. Staff Recommendation: See Exhibit Recommend Board approve revised Policy , Well Drillers Advisory Committee. Presenter: Michelle Maxey, Bureau Chief, Regulatory Support 2

22 BOARD POLICY SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: WELL DRILLING ADVISORY COMMITTEE WELL CONSTRUCTION SECTION / SECTION/BUREAU: WATER USE PERMIT BUREAU APPROVED BY: PAUL SENFT,CHAIR NUMBER: PAGE: 1of 2 EFFECTIVE DATE: 4/28/2009 SUPERSEDES: 9/01/1993 STATEMENT OF POLICY: 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. 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 a thirteen member Governing Board and seven Basin Boards comprised of at least twenty nine additional gubernatorial appointees. The Board appointees are citizens from throughout the District representing the numerous and varied interests which exist. These Governing 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. Purpose The 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 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 as authorized travelers of the District and their ordinary travel and per diem expenses will be paid from available District funds. 3

23 BOARD POLICY SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: WELL DRILLING ADVISORY COMMITTEE WELL CONSTRUCTION SECTION / SECTION/BUREAU: WATER USE PERMIT BUREAU APPROVED BY: PAUL SENFT,CHAIR NUMBER: PAGE: 2of 2 EFFECTIVE DATE: 4/28/2009 SUPERSEDES: 9/01/1993 Terms of Membership A 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 Duties The 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. Meetings Meetings 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 Government-inthe-Sunshine Law, Section , Florida Statutes, and all meetings will be conducted in accordance therewith. AUTHORITY: REFERENCE: Chapter 373, Florida Statutes Section , Florida Statutes (Government-in-the-Sunshine Law) Rules of Order Newly Revised, originally by Henry M. Robert (1876) SUPERSEDES: , Well Drilling Advisory Committee dated April 28,

24 Item 7 Consent Agenda February 26, 2013 Regulation Committee Individual Water Use Permit (WUP) Referred to the Governing Board Recent legislation has made the delegation of all Individual Water Use Permit applications to staff for agency action optional for the District, while continuing the mandatory delegation to staff of Individual Environmental Resource Permit applications. Accordingly, in July 2010, the District Governing issued District Order No. SWF to continue delegation of all Individual WUPs to staff and to allow the Executive Director to refer applications to the Governing Board for agency action which, in his discretion would be appropriate for the Board s consideration. Staff has requested some parameters on what permitting matters would be of interest to the Governing Board and referable to the Board for final agency action. At the September 2010 Governing Board meeting, the Board approved the following parameters to guide what Individual WUP applications should be referred to the Board for action: All new Individual Water Use Permits Renewals and formal modifications of WUPs of 10 MGD or greater demand Renewals and modifications involving increases or use changes greater than 100,000 gpd or 10 percent, whichever is less Permits involving environmental augmentation Staff Recommendation: If any Individual WUPs are referred to the Board, these will be presented at the meeting under this agenda item. A summary and draft permit will be made available prior to the Board meeting, preferably in the Board Packet. Presenter: Alba E. Más, P.E., Director, Regulation Division 5

25 Item 8 Consent Agenda February 26, 2013 Resource Management Committee 2013 Florida Department of Transportation Mitigation Program Plan Purpose To request the Governing Board approve the District s Florida Department of Transportation (FDOT) Mitigation Plan as required by Florida Statutes. Background Pursuant to Section , F.S., the District is required to develop a mitigation plan for wetland impacts associated with FDOT roadway projects. The mitigation plan is annually updated to add and/or remove projects, incorporate revised wetland impact estimates from the FDOT, and make any necessary modifications to previously approved plans. The District s FDOT Mitigation Plan (Plan) is required to be developed by March 1 of each year and submitted to the District s Governing Board for approval. Changes to , F.S. that became effective in 2012 require that the Plan be submitted to the Florida Department of Environmental for approval as well. In accordance with the 2012 FDOT Mitigation Plan, mitigation banks were evaluated as a mitigation option when permit applications were developed. Other revisions to , F.S., also effective in 2012, require the FDOT to identify projects where it is feasible for the mitigation requirements to be satisfied by a mitigation bank and exclude these projects from the project inventory in the 2013 FDOT Mitigation Plan. The FDOT has purchased or intends to purchase mitigation bank credits to offset wetland impacts for twenty one (21) projects with wetland impacts totaling an estimated acres. These projects are listed below by basin and county. Hillsborough River Basin Hillsborough Co. - Sam Allen Rd- Alexander St. to Park Rd acres* Hillsborough - SR /Curley Rd to 579 (Morris Bridge Rd.) acres* Pasco Co. - I-75- SR/CR 54 to SR acres* Pasco/ Hernando Co. - I-75- SR 52 to Pasco/Hernando County Line acres* *Credits purchased from North Tampa Mitigation Bank Tampa Bay Drainage Basin Hillsborough Co. - SR 60- I-275 to Spruce acres - Tampa Bay Mitigation Bank Hillsborough Co. - CR 296- US 19 (SR 55) to Roosevelt/CR acres- Tampa Bay Mitigation Bank Hillsborough Co. - I-275/SR 93 Southbound at Bunces Pass acres Tampa Bay Mitigation Bank Hillsborough Co. - SR 616- Obrien St. to Dale Mabry Hwy acres Tampa Bay Mitigation Bank Hillsborough Co. - US 41- Linwood Dr. to County Line Rd acres Tampa Bay Mitigation Bank Hillsborough Co. - SR 60- North 22 nd St. to 50 th St acres Tampa Bay Mitigation Bank Hillsborough Co. - US th St. to Bridge #299/ acres - Tampa Bay Mitigation Bank Hillsborough Co. - SR 580- Air Cargo Rd. to N. Lee Pl acres - Tampa Bay Mitigation Bank Pinellas Co rd St extension- CR 296 (118TH Ave. N.) to 40 th St acres - Tampa Bay Mitigation Bank Pinellas Co. - SR 688/ Ulmerton Rd.- 49 th St. to 38 th St acres - Tampa Bay Mitigation Bank Pinellas Co. - SR 686 at CR 611 (49 th St.) acres - Tampa Bay Mitigation Bank Pinellas Co. - SR th St. Bridge to Ulmerton Rd acres - Tampa Bay Mitigation Bank Pinellas Co. - SR th to I acres - Tampa Bay Mitigation Bank Pinellas Co. - SR 60- US 301 to Falkenburg Rd acres - Tampa Bay Mitigation Bank Pinellas Co. - SR 60- Bayshore Blvd. to Tampa Bay Bridge acres Tampa Bay Mitigation Bank Pinellas Co. - SR 60- Bridge #138 To Pinellas/ Hillsborough County Line acres* Pinellas Co. - SR th St. N. to Gandy Blvd acres - Tampa Bay Mitigation Bank *Credits purchased from Tampa Bay Mitigation Bank 6

26 Item 8 Upper Coastal Drainage Basin Hernando/ Pasco Co. - I-75- SR 52 to Pasco/ Hernando County Line acres* *Credits purchased from Upper Coastal Mitigation Bank The 2013 FDOT Mitigation Plan includes six (6) new projects with 2.23 acres of projected wetland impacts. Of these projects, two must be excluded from the FDOT Mitigation Plan as a Mitigation Project that would offset the projected impacts is not available in the FDOT Mitigation Program. Listed below by basin and county are new FDOT projects, anticipated wetland impacts and proposed mitigation projects: Hillsborough River Basin Hillsborough Co. - SR 39/James L. Redman- SR 60 to Charlie Griffin Rd Conner Preserve Hillsborough Co. - SR 574 / MLK Blvd. at Gallagher Rd 0.20 acres Conner Preserve Hillsborough Co. - SR 574/ MLK Blvd.- McIntosh Rd. to Wheeler Ct acres Conner Preserve Tampa Bay Drainage Basin Hillsborough Co. - SR 597- County Line Rd. to Brinson Rd acres Alligator Lake Upper Coastal Drainage Basin Citrus Co. - CR 490A/ Halls River- W. of Halls River to E. of Halls River 0.6 acres* Pinellas Co. - Alt US 19- Curlew Rd. to Whisper Lake Rd. 0.8 acres* *Mitigation is unavailable for mangrove and submerged aquatic vegetation impacts. In addition to those projects removed because impacts could be offset at a mitigation bank, the plan also removes ten (10) previously submitted projects with acres of projected wetland impacts. The FDOT has indicated that these projects are no longer in their work plan, occur outside planning horizon or have been permitted without mitigation being required. These projects and the submitted wetland impacts include: Hillsborough River Basin Pasco Co. - SR 54- I-75 to US undetermined Hillsborough Co. - US 92- Benjamin Rd. to Westshore Blvd. 0.2 acres Tampa Bay Drainage Basin Pinellas Co. - Gandy Blvd. - US 19 to 4th St. 0.6 acres Hillsborough Co. - SR Lakeview Dr. to Van Dyke Rd. 0.3 acres Hillsborough Co. - Dale Mabry Ave.- Van Dyke Rd. to Lutz Lake Fern Rd. 0.9 acres Hillsborough Co. - SR Cheval Blvd. to County Line Rd acres Upper Coastal Drainage Basin Hernando Co. - CR 485 (Cobb Road) - SR 50 to US acres Withlacoochee River Basin Citrus Co. - SR 200- US 41 to Marion Co. Line 2.8 acres Hernando Co. - I-75- SR 50 to Hernando/Sumter CL 0.01 acres Pasco Co. - US 301/98 - Pioneer Museum Rd. to Mosstown Rd acres The plan is available on compact disc and at the following link: Staff Recommendation: See Plan Approve the District s 2013 Florida Department of Transportation Mitigation Plan. Presenter: Veronica Craw, Manager, Springs & Environment Flows, Natural Systems & Restoration Bureau 7

27 Item 9 Consent Agenda February 26, 2013 Resource Management Committee Peace River Manasota Regional Water Supply Authority Regional Integrated Loop System Phase 3A Project (H052) Budget Transfer Purpose The purpose of this item is to request authorization to transfer $67,697 from the Regional Integrated Loop System Phase 2 project (H051) to the Regional Integrated Loop System Phase 3A project (H052) to complete the final pay request. In accordance with Board Policy No , Budget Authority Transfer of Funds, all fund transfers exceeding $50,000 require prior Governing Board approval. Background/History The Regional Integrated Loop System is a series of potable water transmission systems being developed in phases to deliver alternative water supplies within the four-county region of the Peace River Manasota Regional Water Supply Authority (Authority). Phase 3A services central Sarasota County and includes approximately nine miles of 48-inch diameter pipeline, a pumping station, and two 5 million gallon storage tanks. Phase 2 is a similar transmission system to deliver water to the City of North Port and consists of approximately 7 miles of 42-inch diameter pipeline. In fiscal year (FY) 2007, the Authority requested multiyear District funding assistance to total $21,285,000 for the design and construction of Phase 3A. A cooperative funding agreement between the District and the Authority was executed in November The agreement was amended in July 2010 to reduce the District s share to $13,825,135 following lower than expected construction bids. The District share was fully encumbered from FY2007 through FY2011. Construction commenced in February 2010 and was substantially completed on July 2011, and the project is currently delivering water to Sarasota County. The final completion and certification was scheduled for March 31, The satisfactory completion of wrap-up activities delayed the Authority s final acceptance beyond the cooperative funding agreement expiration date of September 30, In September 2012, the Authority estimated that $126,000 would cover the remaining District share of eligible costs incurred prior to the Phase 3A project completion and funding agreement expiration. Based on the Authority s estimate, the District retained $126,000 of project funds for FY2013 for final payment and allowed $151,470 of encumbered project funds to lapse. This action enabled the District to utilize the surplus funds for other projects in the FY2013 budget. In November 2012, the Authority submitted the final pay request for an amount of $193,697; which exceeds the remaining project funds available by $67,697. As a remedy, the Authority has requested the District transfer $67,697 of funds from the Phase 2 project to the Phase 3A project. The District s share of Phase 2 is $7,783,015. Phase 2 is substantially complete and is currently approximately $500,000 below budget. Impact if not transferred If funds are not transferred, the Authority will not be reimbursed for the full eligible amount of the final pay request for Phase 3A. Staff Recommendation: Approve the transfer of $67,697 from the Regional Integrated Loop System Phase 2 project to the Regional Integrated Loop System Phase 3A project. Presenter: Kenneth R. Herd, P.E., Bureau Chief, Water Resources 8

28 Item 10 Consent Agenda February 26, 2013 Resource Management Committee Authorize Submission of Preliminary Flood Insurance Rate Maps for the Peace Creek Watershed in Polk County to the Federal Emergency Management Agency Purpose Request the Board s authorization to submit the preliminary Flood Insurance Rate Maps (FIRMs) for the Peace Creek watershed in Polk County to the Federal Emergency Management Agency (FEMA). 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. Preliminary floodplain information was presented for review and comment during two public workshops in Polk County. The public workshops were held on December 11 and 12, 2012, at the District s Bartow Service Office. The preliminary floodplain information is ready to be formatted to meet FEMA s mapping specifications and submitted to FEMA. FEMA will conduct their 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 an additional one to two years. Background/History The District initiated a partnership with 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 In addition to studies conducted by the District 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 because either 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 1990s. The District recognized a potential funding partner in FEMA as they had mutual goals to improve and modernize the existing FIRMs to better identify risks of flooding within the District. The District and FEMA executed a Cooperating Technical Partners (CTP) Memorandum of Agreement on September 14, 2001, to formalize the relationship. As a CTP, the District is eligible for federal funds to act as FEMA's partner in modernization of the FIRMs. 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 $12 million in federal funds from FEMA for countywide map modernization projects in Pasco, Sarasota, Hernando, Marion, Polk, Hardee, DeSoto, Citrus, Sumter, Levy, and Highlands counties. FEMA also includes federal funding for the Map Modernization Management Support (MMMS) program to ensure MMMS partners can support the map modernization effort through activities that do not directly result in production of new or revised flood hazard maps. Since 2004, FEMA has provided $1,013,860 in funding through the MMMS program. 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. Since March 2008, staff provides the Board a monthly update on the status of the District s WMP and FEMA Map Modernization, including an update on the progress and activities associated with these issues. Since November 2008, the Governing Board has authorized staff to submit preliminary FIRMs to FEMA for 17 watersheds in Hernando County, four watersheds in Pasco 9

29 Item 10 County, four watersheds in Citrus County, two watersheds in Manatee County, six watersheds in Sarasota County, two watersheds in Polk County, two watersheds in DeSoto County, five watersheds in Hardee County, one watershed in Highlands County, and 11 watersheds in Marion County. The floodplain information for the Peace Creek watershed was prepared by a District consultant (Engineering Firm of Record), reviewed by District staff, and then reviewed by the District s independent peer review consultant (see table below). The District s Environmental Resource Permitting 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. The public workshops were held on December 11 and 12, Approximately 12,600 affected property owners were notified of the workshop by mail, 150 attended, and 126 property owners contacted District staff by phone or . The floodplain information was also made available through the District s website. WATERSHED ENGINEERING FIRM OF RECORD PEER REVIEW Peace Creek Atkins Global ADA Staff Recommendation: Authorize staff to submit the preliminary FIRMs for the Peace Creek watershed in Polk County to FEMA. Presenter: JP Marchand, P.E., Manager, Engineering & Watershed Management 10

30 Item 11.a. Consent Agenda February 26, 2013 Resource Management Committee Facilitating Agricultural Resource Management Systems (FARMS) FARMS Revenue Agreement with the Florida Department of Agriculture and Consumer Services for the FARMS Program Purpose To request approval to enter into a revenue agreement for $1.0M with the Florida Department of Agriculture and Consumer Services (FDACS) for the Facilitating Agricultural Resource Management Systems (FARMS) Program and authorization to apply the FDACS revenue to Governing Board approved FARMS projects that are under construction or in contract development. Project Proposal The District and FDACS developed the FARMS Program in 2002 to address water resource concerns. The District/FDACS FARMS Program Operating Agreement, last updated in 2005, governs the relationship between the two agencies. A key component of the Operating Agreement is the provision that both parties will provide funding to the program based upon State of Florida and District Governing Board allocations. FDACS has identified $1.0M that can be allocated to the FARMS Program; however, these funds must be spent by June 30, Staff believes that this can be accomplished as long as the FDACS funds can be applied to previously Governing Board approved FARMS projects that are currently under construction or in contract development. For projects that are under contract, this will require a contract amendment to add contract provisions that are necessary when using state funds. For projects in contract development, staff will simply add the state contract provisions. These contractual adjustments will only be performed with the cooperators consent. Benefits/Costs Funds provided by FDACS will replace ad valorum funds budgeted by the District for the FARMS Program in fiscal year (FY) Therefore, $1.0M in ad valorum funds will be balanced forward into FY2014 and will be available for future District use. The use of the state funds will ultimately reduce the use of District funding reserves for District projects and programs such as FARMS. Upon approval, the Governing Board and State Appropriations allocated to the Governing Board Fund will have $3,733,697 and $1,000,000, respectively, remaining in its FARMS Program Governing Board and State Appropriation budgets. Staff Recommendation: (1) Approve the District/FDACS revenue agreement for $1,000,000; (2) Authorize the use of the FDACS revenue ($1,000,000) to replace ad valorum funding on FARMS Projects previously approved by the Governing Board and completion of contract amendments with FARMS Program participants, as necessary, to use the state funds; and (3) Authorize Executive to execute the agreement. Presenter: Eric C. DeHaven, P.G., Bureau Chief, Natural Systems and Restoration 11

31 Item 11.b. Consent Agenda February 26, 2013 Resource Management Committee Facilitating Agricultural Resource Management Systems (FARMS) FARMS Revenue Agreement with the Florida Department of Agriculture and Consumer Services for Mini-FARMS Program Purpose To request approval to transfer $200,000 from the FARMS Program (H017) to the Mini-FARMS (Facilitating Agricultural Resource Management Systems) Program (H529) and to request approval to enter into a revenue agreement for $200,000 with the Florida Department of Agriculture and Consumer Services (FDACS) for the Mini-FARMS Program. Project Proposal The District and FDACS developed the FARMS Program in 2002 to address water resource concerns. In 2005, FDACS and the District developed the Mini-FARMS Program as a complimentary program to assist small growers (less than 100 acres irrigated) with implementation of low-cost best management practices (such as weather stations). Maximum reimbursement costs for the Mini-FARMS program were 75 percent of project costs up to a maximum of $5,000. District funding for the Mini-FARMS Program for FY2013 is $50,000. FDACS matched this with $50,000 in funding for FY2013 for a total FY2013 Mini-FARMS budget of $100,000. FDACS has identified an additional $200,000 that can be allocated to the Mini-FARMS Program; however, these funds must be spent by June 30, FDACS has indicated that these funds would be used for construction of weather stations on agricultural properties that would (1) provide individual growers with on-site weather information to better manage water use, especially during frost/freeze events, and (2) provide additional information to the Florida Automated Weather Network (FAWN) that is operated by University of Florida (UF) - Institute of Food and Agricultural Science (IFAS). FDACS has already coordinated with the agricultural community and IFAS to identify the majority of the sites where the weather stations would be located. The District s role would involve its typical administration of the Mini-FARMS Program in coordination with FDACS. In order to accommodate the FDACS request to use the $200,000 for Mini-FARMS, it is necessary to transfer $200,000 from the FARMS Program (H017) to the Mini-FARMS Program (H529). The District ad valorum funds transferred into Mini-FARMS (H529) would be used to directly reimburse the Mini-FARMS program participants and then reimbursement would occur to the District through FDACS as specified in the revenue agreement. Benefits/Costs To date, 112 Mini-FARMS projects have been completed at a District/FDACS cost of $657,634. These projects result in reductions in groundwater use, such as an estimated 9.0 million gallons per day reduction in frost/freeze groundwater withdrawals within the Dover / Plant City Water Use Caution Area. The $200,000 provided by FDACS will expand the number of local weather stations within the District that can be tied into the state-wide FAWN program. The increased weather information that is available will allow growers to make more site-specific, informed decisions regarding water use especially as related to frost/freeze events. This is anticipated to 12

32 Item 11.b. result in an overall reduction in groundwater use. The transfer of $200,000 from the FARMS Program to the Mini-FARMS Program will reduce the amount of funds available for FARMS Projects by this amount. Upon approval, the Governing Board and State Appropriations allocated to the Governing Board Fund will have $3,733,697 and $1,000,000, respectively, remaining in its FARMS Program Governing Board and State Appropriation budgets, and will have an additional $200,000 available in its Mini-FARMS Program budget for the remainder of FY2013. Staff Recommendation: (1) Authorize the transfer of $200,000 from FARMS Program funds (H017) to the Mini-FARMS Program (H529); (2) Approve the District/FDACS revenue agreement for $200,000 for the Mini-FARMS Program; and (3) Authorize Executive to execute the agreement. Presenter: Eric C. DeHaven, P.G., Bureau Chief, Natural Systems and Restoration 13

33 Item 12 Consent Agenda February 26, 2013 Finance/Outreach & Planning Committee Budget Transfer Report Purpose Request approval of the Budget Transfer Report covering all budget transfers made during the month of January Background In accordance with Board Policy No , Budget Authority Transfer of Funds, all transfers approved by the Executive Director and Finance Bureau Chief under delegated authority are regularly presented to the Finance/Outreach & Planning Committee for approval on the Consent Agenda at the next scheduled meeting. The exhibit for this item reflects all such transfers executed since the date of the last report for the Committee's approval. Staff Recommendation: See Exhibit Approve the Budget Transfer Report covering all budget transfers for January Presenter: Daryl F. Pokrana, Bureau Chief, Finance 14

34 Item No. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Budget Transfer Report January TRANSFERRED FROM TRANSFERRED TO --- Bureau / Bureau / Expenditure Category Expenditure Category Reason For Transfer Executive Director Approved General Fund: 1 5Water Resources 6Operations & Land Management Transfer of funds originally budgeted for the construction of the Lake Hancock Lake Level $ 24, Contracted Construction 3401 Other Contractual Services Modification project. Construction costs were lower than anticipated. Funds were required to provide mowing and maintenance of District lands. Transfer Amount Finance Bureau Chief Approved Total Executive Director Approved $ 24, Water Resources 5Water Resources Transfer of budgeted funds to the appropriate expenditure category for the Expansion of the 26, Consultant Services 3411 Cooperative Program - USGS Central Florida Area Ground Water Model project, which will be conducted by U.S. Geological Survey. 2 3Natural Systems & Restoration 3Natural Systems & Restoration Transfer of budgeted funds to the general Facilitating Agricultural Resource Management 2, Grant - Agriculture 8107 Grant - Agriculture Systems (FARMS) budget appropriation for future allocation to specific FARMS projects. Total Finance Bureau Chief Approved $ 28,204 Total Transfers for Governing Board Approval $ 52, This report identifies transfers made during the month that did not require advance Governing Board approval. These transfers have been approved by either the Executive Director or Finance Bureau Chief consistent with Board Policy 130-8, and are presented for Governing Board approval on the consent agenda. 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 Bureau Chief approved transfers are accounting type transfers with no change to the original budget intent.

35 Item 13 Consent Agenda February 26, 2013 Finance/Outreach & Planning Committee Approve 2013 Consolidated Annual Report Purpose To seek Board approval for the District's 2013 Consolidated Annual Report. The finished report is provided with the Board packet for this meeting. Submission of the report to a variety of audiences is required by March 1, Background/History Section , Florida Statutes (F.S.), requires the water management districts to prepare a "Consolidated Water Management District Annual Report." The report must include the following: 1. The Water Management District Performance Measures Annual Report 2. The Minimum Flows and Levels Priority List and Schedule as approved by the Department of Environmental Protection (DEP); 3. The Five-Year Capital Improvements Plan; 4. The Alternative Water Supplies Annual Report; 5. The Five-Year Water Resource Development Work Program as approved by the DEP; 6. The Florida Forever Work Plan; 7. The Mitigation Donation Annual Report; and 8. The Strategic Plan Annual Work Plan Report. The legislation requires the report be submitted by March 1 of each year to the Governor, DEP, the President of the Senate, and the Speaker of the House of Representatives. In addition, copies must be provided to the chairs of all legislative committees having substantive or fiscal jurisdiction over the districts and the governing board of each county in the district having jurisdiction or deriving any funds for operations of the district. Copies of the consolidated annual report must be made available to the public, either in printed or electronic format. The report is available on compact disc and at the following direct link: Staff Recommendation: See Report Approve the 2013 Consolidated Annual Report and its transmittal. Presenter: Trisha Neasman, AICP, Planning Supervisor, Public Affairs Bureau 16

36 Item 14 Consent Agenda February 26, 2013 General Counsel s Report Administrative, Enforcement, and Litigation Activities that Require Governing Board Approval None 17

37 Item 15.a. Consent Agenda February 26, 2013 General Counsel s Report Rulemaking Initiation and Approval of Rulemaking to Amend Rule 40D-2.331, F.A.C., and Water Use Permit Letter Modification Short Form (Form Mo. LEG-R (3/09)) to Allow the Use of the Form to Modify Permits Associated with FARMS Projects and to Clarify the District s Ability to Reduce Standby Quantities The Facilitating Agricultural Resource Management Systems (FARMS) Program is an agricultural best management practice (BMP) cost-share reimbursement program that involves both water quantity and water quality aspects. The purpose of the FARMS Program is to implement production-scale agricultural BMP projects that will provide resource benefits that include water quality improvement, reduction of Upper Floridan aquifer withdrawals and/or conservation, restoration or augmentation of the area s water resources and ecology. As of January 2013, there are 102 operational FARMS projects, and 64 additional projects have been Board-approved and are in the contract development or construction stage. The 166 total Board-approved projects are projected to have a groundwater offset of 24.5 million gallons of water per day District-wide and 22.8 million gallons per day for the 120 Board-approved projects within the SWUCA. The projected offset for the 25 Board-approved Frost-Freeze Protection projects (post-january 2010) within the DPCWUCA is 48.4 million gallons per day per freeze event. To meet the objectives of the FARMS Program, the District enters into a voluntary public/private contractual partnership with an agricultural entity and will share the cost of implementing production-scale agricultural BMPs. Project cost-share rates are generally capped at 50 percent for projects with BMPs that will provide either water quality or water quantity benefits and at 75 percent for projects that incorporate both water quality and quantity benefits. Participants are required to enter into a contractual agreement with the District that will last from five-to-twenty years in duration. Contractual lifetime is based on the type of project, the service life of the components, and specified cost-benefit ratios provided in the District s 2001 Regional Water Supply Plan (RWSP). To document the effectiveness of the BMP performance, the monitoring of water quality discharge, and/or the recording of flow meter readings of surface and ground water will occur for the duration of each FARMS contract. As part of a review by the Office of General Counsel of all District contract templates, revisions to the contract associated with the FARMS Program were recommended. The overall goals of the contract revisions were to better define the relationship between District and Applicant, establish expectations of how conserved quantities can be used, ensure the resource benefit and manage the District s risk. A FARMS Workgroup was created for the purpose of receiving feedback from the Agricultural community on the proposed contract template change. After several FARMS Workgoup meetings, the District negotiated an acceptable contract template. The new contract template requires the District s partner to modify its permit to (a) incorporate the use of the FARMS project; (b) transfer the groundwater quantities estimated to be conserved or offset as a result of the FARMS project to standby quantities; and (c) include specific contract provisions related to the standby quantities. Rather than requiring the District s 18

38 Item 15.a. partner to submit a formal modification application, the contract allows for the letter modification process to be used as it s a less burdensome process. The current District rule on water use permit modifications, Rule 40D-2.331, Florida Administrative Code (F.A.C.), limits the use of the letter modification form. A permittee that does not meet the limited criteria for a letter modification is required to submit an application for a formal modification. Rule 40D-2.331, F.A.C., and the associated Water Use Permit Letter Modification Short Form (Form Mo. LEG- R (3/09)) will be amended to allow for the use of the form to modify permits associated with FARMS projects. In addition, a concern was raised regarding the District reducing standby quantities during future permit modifications and renewals. Rule 40D-2.331, F.A.C., will be amended to provide that standby quantities will not be reduced as long the permittee operates the FARMS project and the conditions of issuance provided for in Chapter 373, F.S. and Chapter 40D-2, F.A.C., are met. Upon Governing Board approval, staff will proceed with the changes, in accordance with the process described on the rulemaking chart, without further Governing Board action, unless substantive public comment is received or substantive changes are proposed, in which case the matter will be brought back before the Governing Board for additional consideration. Staff Recommendation: See Exhibits Initiate and approve rulemaking to amend Rule 40D-2.331, F.A.C., and Water Use Permit Letter Modification Short Form (Form Mo. LEG-R (3/09) to allow the use of the form to modify permits associated with FARMS projects, to clarify the District s ability to reduce standby quantities, and authorize staff to make any necessary clarifying or technical changes that may result from the rulemaking process. Presenter: Laura Donaldson, General Counsel 19

39 Rulemaking Process Seek Board Approval to Initiate Rulemaking (and Approve Rule Language, if available) Notify OFARR & Publish Notice of Rule Development Public Workshops Held, If Necessary Board Approval of Rule Language Notify OFARR & Publish Notice of Proposed Rulemaking Hearing, If Requested Board Discussion & Approval of Any Changes From Hearing, OFARR or JAPC; Publish Notice of Change File Rule With Department of State Rule Is Final 20 Days After Filing With Department of State 20

40 Exhibit A Proposed Rule Language 40D Modification of Permits. (1) No change (2) Modifications may be requested by: (a) Formal application, using the same individual, general or small general WUP Application Form and applicable Supplemental or Attachment Form(s) submitted for a new permit as are incorporated in subsection 40D-2.101(2), F.A.C., or (b) Through use of a Modification Short Form, Form No. LEG-R ( /133/09), incorporated herein by reference and available at any District office or through the District s website at A Modification Short Form may be submitted, provided the annual average daily withdrawal will not increase by more than 100,000 gpd or more than 10% of the total permitted quantity, the use of the water will not change, the modification does not cause the total annual average daily quantity to equal or exceed 500,000 gpd, the proposed changes would not cause impacts beyond those considered in the initial permit and is not a request to extend a permit term. Within the SWUCA, except to reactivate standby quantities as provided in Section 1.12 of the WUP Basis of Review, a modification short form shall not be used for modifications that include a request to Self-Relocate or to increase water withdrawals that impact or are projected to impact a water body with an established Minimum Flow or Level. A Modification Short Form may be submitted to modify the permit to include or remove a project funded pursuant to chapter 40D-26, F.A.C., and, if requested by permittee, extend the term of the permit for twenty years. The District shall not reduce permitted quantities conserved by the project funded pursuant to chapter 40D-26, F.A.C., as long as the permittee operates the project and the conditions for issuance provided for in Chapter 373, F.S. and Chapter 40D-2, F.A.C., are met. (3) No change Rulemaking Authority , , , , , FS. Law Implemented (4)(a), (5), , FS. History Readopted , Formerly 16J-2.14(1), Amended , , , , , , , xx-xx-13. Exhibit B Proposed Form (see next page) 21

41 WATER USE PERMIT LETTER MODIFICATION SHORT FORM THE INFORMATION REQUESTED IN THIS FORM IS REQUESTED PURSUANT TO CHAPTER 373, FLORIDA STATUTES (F.S.), AND RULES 40Dd-2.091, 40Dd-2.331(2)(bB), FLORIDA ADMINISTRATIVE CODE (F.A.C.), TO APPLY FOR A LETTER MODIFICATION OF A WATER USE PERMIT. Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida (Date) Subject: Modification of Water Use Permit Number: Permittee Name: County Where Property is Located: This is a request to modify the Water Use Permit (WUP) indicated above to: Activate Alternative Use Standby Quantities (The form is only needed if this is a reactivation following one year of temporary activation. In the description of the modification request to be attached, specify which withdrawal points need to be reactivated, how much standby water needs to be reactivated and for how long.) Make an administrative change (e.g. change in permit condition(s), change in acres owned but not acres associated with a water use, add a permittee.). Technical/Operational Change (e.g., change in quantities, uses, minor changes in location of a proposed withdrawal point, replacement of a failed well, etc.) Include or remove project funded pursuant to Chapter 40D-26, F.A.C. (FARMS project), including term extension Attachments required: Description of the requested modification. Please be aware that in the Southern Water Use Caution Area (SWUCA), a request for an increase in quantities requires that the SWUCA Supplemental Form must be attached. Map: If there are changes to well locations, changes to irrigation areas, etc., attach a map. N/A I certify that this requested modification complies with the provisions of Section 40D-2.331(2)(b), F.A.C. If the request does not comply with these provisions, I am aware that the application will not be accepted by the District, and that this form will be returned to me with instructions to apply for a Full Modification. Signature of Permittee or Authorized Agent* Print Name Address City/State/Zip _( ) Telephone If there are multiple permittees, attach a page containing all the permittees signatures. (All owners of the property included in this permit must sign this application or a letter of authorization for the above named Permittee to sign for them.) N/A *Attach a letter of authorization signed by all Permittees that clearly shows your authority to act for the Permittees. N/A LEG-R ( 03/09) Page 1 of 1 Rule 40D-2.331(2)(b), F.A.C. 22

42 Item 16 Consent Agenda February 26, 2013 Executive Director s Report Approve Governing Board Minutes a. Flying Eagle Evaluation Team Meeting January 18, 2013 b. Financial Investments Ad Hoc Committee Meeting January 28, 2013 c. Monthly Meeting January 29, 2013 Staff Recommendation: See Exhibits Approve the minutes as presented. Presenter: Blake C. Guillory, Executive Director 23

43 MINUTES OF THE MEETING FLYING EAGLE NATURE CENTER EVALUATION COMMITTEE GOVERNING BOARD SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TAMPA,FLORIDA JANUARY 18, 2013 The Flying Eagle Nature Center Evaluation Committee convened at 9:00 a.m. on Friday, January 18, 2013, at the District s Tampa Service Office, 7601 US Highway 301 North, Tampa, Florida. Committee Members Present Douglas B. Tharp, Chair Wendy Griffin Albert G. Joerger George W. Mann Committee Member Absent Randal S. Maggard Recording Secretary Lou Kavouras Staff Members Present Blake C. Guillory Laura Donaldson Mary Beth McNeil Mike Holtkamp Roy Mazur Cheryl Hill Steve Long Ellen Cuarta A list of others present who signed the attendance roster is filed in the permanent records of the District. Approved minutes can be found on the District s Web site ( The numbers preceding the items below correspond with the published agenda. 1. Call to Order Chair Tharp called the meeting to order at 9:00 a.m. and asked everyone to stand for the Pledge of Allegiance. He thanked the committee members for their participation and stated the purpose of the meeting is to hear oral presentations and to evaluate and rank proposals received by the District in response to the Flying Eagle Request for Proposals (RFP ). Following the oral presentations, public comment will be heard. He said the scheduled order of presentations was determined alphabetically. The purpose of the presentations is to allow the respondents an opportunity to present their proposals and allow the committee members to ask questions of the respondents to improve their understanding of the proposals. Only answers that clarify the submitted proposal will be considered by the committee. Chair Tharp noted that the Governing Board has not yet approved any funds for this RFP. Accordingly, negotiations will not commence with a ranked respondent that included financial assistance from the District in its proposal without prior approval from the Governing Board. He said following oral presentations and public comments, the evaluation committee will determine whether any proposal does not meet the mandatory requirements of the RFP. The committee will then evaluate and score the remaining proposals unless the committee determines that it is in the best interest of the District to reject all proposals. Any proposed lease is subject to confirmation by the Florida Department of Environmental Protection and ultimately must be approved by the District s Governing Board. 24

44 Meeting Summary Governing Board January 18, 2013 Flying Eagle Evaluation Committee Meeting Page 2 of 4 2. Oral Presentations Chair Tharp said the order of the presentations, as shown on the agenda will be River Builders, Inc., Sumswift Shotgun Sports, Inc., The Path of Citrus County, Inc., and finally Mr. Giovanni A. Van den Abbeele. a. River Builders, Inc. Michael Moore, Patrick O Gorman, Elaine Moore, Bruce Blauer and Karen Pagliro introduced themselves and described their firm as a design-build team. Their vision for the Flying Eagle property is to restore the historical buildings, preserving their character but bringing them up to modern standards. Mr. Moore said their objective is to make the property accessible to as many visitors as possible by establishing compatible uses which would include camping facilities. They discussed their desire to create jobs and have a positive economic impact on the community. The team discussed their experience and qualifications, prioritization of renovation activities, income/loss projections, marketing plans, and ideas for special events. At the chair s request, Mr. Moore provided detail on River Builders financial plan for the property, indicating they are prepared to apply $60,000 toward the project. Chair Tharp indicated that availability of any District funding for this project is remote. In response, Mr. Moore said they have the financial resources to carry through the project with or without District funding assistance, but the schedule and length of the lease might need to be adjusted. Questions were also answered relative to website presence, prioritization of events and staffing levels. b. Sumswift Shotgun Sports, Inc. Michael Manion stated that there is not much difference between their proposal and the one presented by River Builders, Inc., except they promote a focal recreational activity which will generate revenue that can be used for the maintenance of the property. That activity is a shotgun-only shooting sports facility. Mr. Manion explained that Sumswift abandoned the Lake Panasoffkee spoil site location due to slippery silt substrate safety concerns. Removal of the silt debris was determined to be economically infeasible. He discussed the corporation s financial resources and their service-value marketing plan for the sportsmen. He said corporate events could generate revenue, and specific locations for the shooting areas have not yet been determined. Jim Traynor addressed the question of lead management indicating they would be held to the state s BMP requirements for Florida shooting ranges. He said the shot fall areas would be controlled space, but other than that the public would not be excluded. Mr. Manion described their intent to attract visitors and youth. He said they are anticipating two avenues to generate revenue; a capital contribution campaign and equity financing. Dan Delsonno provided details about generating revenue through issuance of an IPO with an exit strategy. c. The Path of Citrus County, Inc. DuWayne Sipper introduced two of his board members; Dick Windle and Floyd Ford. He described his organization as a rescue mission; a shelter and a new life program dedicated to helping homeless or displaced men and women overcome addiction, strengthen family relationships, develop a productive work ethic and rebuild their lives. He said the property provides a long-term opportunity for The Path to expand its farming operations, wood shop operation and its long-term program recovery. The Path intends to apply for a $500,000 grant from the Federal Home Loan Banks. He discussed 25

45 Meeting Summary Governing Board January 18, 2013 Flying Eagle Evaluation Committee Meeting Page 3 of 4 details of natural farming methods, opportunities to raise other farm products, and private revenue sources. In response to questions from the committee members, Mr. Sipper said he does not anticipate zoning, erosion, or sediment issues on the property. He said public access won t be excluded, but security will need to be in place. He said the ratio of residents to staff is approximately 8:1. Multiple uses of the property could be arranged for other nonprofits by appointment. He also indicated that their farming customer base could be easily expanded. d. Mr. Giovanni A. Van den Abbeele Mr. Van den Abbeele said they propose to restore and develop the property for camping and short-term vacation rentals attractive to local and European visitors. They plan to incorporate eventually, but presently the business partners consist of Pegasus Management Services Inc., VDA Developments Inc., Terry s Lawn Care Inc., and VDA Ranch Inc. He described how each entity would be involved in the maintenance and operation of the property. Mr. Van den Abbeele discussed use of District funds in the form of a loan, but said they could fund the project themselves by reinvesting the initial profits back into the project. In response to questions from the committee members, Mr. Van den Abbeele said the diversity of the four existing companies provides strength to their proposal. He said more people would need to be hired after the first year and a half. Regarding a future revenue stream, he said 1400 rental contacts already exist, and they have a marketing plan for Europe and Canada. People are looking for something unique and potentially less expensive. 3. Committee Discussion and Ranking Chair Tharp asked for public comment at this time, and indicated one blue request-to-speak card had been submitted from Mr. Al Grubman. Mr. Grubman, from Inverness in Citrus County, said the proposals are a mere shadow of what staff had originally recommended. He suggested the two new Board members examine the project history. Chair Tharp said the first action of the committee is to determine whether or not all proposals qualify. Mr. Joerger asked what the committee s options were, and Mary Beth McNeil, Assistant General Counsel, responded the options are to evaluate all of the proposals deemed qualified in accordance with the criteria specified in the RFP. The only negotiable item in the RFP is the term of the lease. The RFP does not allow for negotiations of funding contributions. She said the remedy would be to reject all proposals and then repost another solicitation document that would allow for negotiations of funding contributions. She indicated that solicitation would be an Invitation to Negotiate. Ms. McNeil said it would be a pretty quick turnaround for staff to get the new solicitation document out. She also said this should not be too burdensome on the respondents since their proposals have already been developed. Mr. Joerger made a motion to reject the four proposals, solicit an Invitation to Negotiate with a focus on campgrounds, along with other amenities such as shooting, if that were possible. In response to Chair Tharp s question, Mr. Joerger said this would allow the District to negotiate the potential revenue aspects of the proposals. He said it would allow a more market-driven process to take place. He said the point of his motion is that he does not think we asked the right questions in the RFP. 26

46 Meeting Summary Governing Board January 18, 2013 Flying Eagle Evaluation Committee Meeting Page 4 of 4 Ms. McNeil clarified that some of the proposals received required the District to either contribute money or services. Discussion ensued regarding whether or not there was an expectation the District would receive rent, or a portion of the gross receipts or profits. Ms. Laura Donaldson, General Counsel, said under the current RFP rent could be negotiated. She said the negotiated lease is subject to Governing Board approval. Ms. Griffin stated that opening the solicitation to new respondents is unfair to those who responded originally. Mr. Joerger said he does not think any of the respondents have the depth of resources to be successful. Chair Tharp indicated that Sumswift and The Path proposals did not include District contributions in their proposals. Ms. Donaldson said the new solicitation would allow District contributions to be factored out of the negotiations. Ms. Griffin asked for a point of clarification; she said unless a proposal was rejected, the District s contribution, as indicated in the RFP, would be etched in stone. Ms. McNeil indicated that this was correct. In response to Chair Tharp s question, Mr. Steve Long, Procurement Manager, indicated that once ranked, negotiations could begin immediately with the highest ranked respondent. The Governing Board would need to approve any District financial participation. Mr. Joerger said it would be cleaner to reject all four proposals. He restated his motion to reject all proposals. Chair Tharp asked if there was a second to Mr. Joerger s motion. Hearing none, he stated the motion is rejected due to lack of a second, and asked the committee to proceed with scoring. Ms. Griffin said she was still digesting Mr. Joerger s motion, and trying to come to terms with what is best for the District. She said her intent is to not hurt respondents who have diligently put together proposals, and said it might be to their advantage if they were allowed to negotiate certain terms. Chair Tharp said he does not think it was ever the intent of the Governing Board to receive rent from the successful respondent. The Governing Board has the option to reject the negotiated lease. He said he sees no downside to continue with scoring and continue with the process. Ms. Griffin asked legal staff to describe the ramifications of each decision. Ms. McNeil said the current process does not allow the flexibility to negotiate certain aspects of the lease, and she cannot speak to whether or not the ability to negotiate would be a benefit to the respondents. She said the question about expectation of District contributions in the RFP could have been interpreted to suggest funding was available. Discussion ensued regarding the pros and cons of the current process vs. a new solicitation. Ms. Griffin said she had not realized the negotiation constraints under the RFP as currently written. Chair Tharp reiterated that the Governing Board will likely provide no funding for this project, and if a funding request comes back to the Board it will probably be rejected. Ms. Griffin 27

47 Meeting Summary Governing Board January 18, 2013 Flying Eagle Evaluation Committee Meeting Page 5 of 4 said she is tending toward wanting to preserve as much ability to negotiate as possible. She said that maybe the only way to accomplish that is by re-advertising. Chair Tharp said he is interested in the District getting the best bang for its buck, and in being fair to the current respondents. Other than the ability to negotiate District contributions, he asked what else is lost under the current process. Mr. Joerger then made a motion to reject all four proposals, and proceed with an Invitation to Negotiate. Ms. Griffin seconded the motion. Ms. Donaldson said following the committee vote, the Governing Board will need to authorize staff to move forward with the Invitation to Negotiate. She said that could be considered at the January 29 th meeting. Chair Tharp put the motion to vote. The motion carried 3 to 1, with Chair Tharp voting against. Chair Tharp announced that all four proposals have been rejected. He thanked everyone for their participation. 4. Adjournment There being no further discussion, the meeting was adjourned at 12:37 p.m. 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 Bureau Chief, 2379 Broad Street, Brooksville, Florida ; telephone (352) , ext. 4702, or (FL only), ext. 4702; TDD (FL only) ; or to ADACoordinator@swfwmd.state.fl.us. 28

48 MINUTES OF THE MEETING FINANCIAL INVESTMENTS AD HOC COMMITTEE GOVERNING BOARD SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TAMPA,FLORIDA JANUARY 28, 2013 The Governing Board Financial Investments Ad Hoc Committee of the Southwest Florida Water Management District met at 1:03 p.m. on January 28, 2013, at the District s Tampa Service Office. The following persons were present: Committee Members Present Jeffrey M. Adams, Chair Michael A. Babb Jennifer E. Closshey Douglas B. Tharp Staff Members Present Blake C. Guillory, Executive Director Robert R. Beltran, Assistant Executive Director David T. Rathke, Chief of Staff Laura J. Donaldson, General Counsel Kurt P. Fritsch, Inspector General Linda R. Pilcher, Finance Bureau Chief Melisa Lowe, Accounting & Financial Reporting Manager Administrative Support LuAnne Stout, Administrative Coordinator A list of others present who signed the attendance roster is filed in the permanent records of the District. 1. Call to Order and Introductions Chair Adams called the meeting to order and thanked his fellow Committee members for volunteering to serve. He then introduced each Committee member. Chair Adams said the purpose for this meeting is to set the foundation so the Committee understands how the District is currently invested, what the District has to do, what the District is permitted to do, and consider suggestions and input from staff. (Track 1 00:00/03:00) 2. Review Statutory Requirements Regarding Investment Activities Ms. Pilcher, with the aid of a slide presentation, provided a brief agenda overview and statutory requirements for investment activities. (Track 1 03:00/05:35) 3. Review Board Policy (last updated 5/1/2003) Ms. Pilcher compared investments authorized by Section , Florida Statutes, and Board Policy 130-3, District Investment Policy. Committee members expressed concern that the policy had not been updated for ten years, and discussed three-year maturity limits and liquidity requirements. (Track 1 05:35/16:00) 4. Review District s Investment Portfolio as of December 31, 2012 Ms. Pilcher reviewed the District s projected cash requirements for Fiscal Years 2013 through 2020 and treasury/agency trades for She provided an overview of the District s investment portfolio as of December 31, She then reviewed comparable investment portfolios for the South Florida Water Management District (SFWMD) and St. Johns River Water Management District (SJRWMD). 29

49 Minutes of the Meeting Governing Board January 28, 2013 Financial Investments Ad Hoc Committee Meeting Page 2 of 2 Discussion ensued regarding the District s Board policy, staff-driven diversification, investment maturity limits changed for better returns, State Board of Administration (SBA), full-time staff member overseeing investments versus investment advisory services firms, and fee schedules. (Track 1 16:00/40:00) The Committee agreed with staff to temporarily move funds currently invested in the Federated Institutional Government Fund to the SBA Prime Fund. This is consistent with current policy and will address yield while the Committee makes longer term changes to the District's investment strategy. (Track 1 40:00/44:01) 5. Discuss Future Agenda Items At the Committee s next meeting, agenda items will include updating the Board policy, how the policy will be structured on investments, when the policy will be reviewed whether on an annual basis from a Board informative basis and/or outside investment agency managed by staff, and how the policy sets forth Board involvement and also staff involvement since now being reviewed on an annual basis. Discussion ensued regarding whether a staff member handles investments as their full-time job with a matrix for accountability to show comparable returns to the other districts, or does this Board or Ad Hoc Committee initiate a request for proposals (RFP) process to money managers who have the municipality background to monitor investments and be responsible for these services. The Committee suggested the policy include a provision for internal or external events that automatically trigger the Board s attention and protection for staff to avoid allegations of abuse. (Track 2 00:00/09:00) Following discussion, the Committee will report to the Board regarding the short-term change on investment, and staff is directed to investigate the issues discussed. Ms. Pilcher clarified that, at its next meeting, the Committee will consider a draft policy for discussion, SJRWMD s current/proposed policy, SFWMD s current policy, and a draft RFP. Following discussion, the Committee agreed to request the Board at its January 29, 2013, monthly meeting to approve initiation of a procurement process for investment advisory services and that the Ad Hoc Committee will serve as the selection committee. (Track 2 09:00/16:00) 6. Set Next Meeting Date The Committee scheduled its next meeting for February 20, 2013, at 9 a.m. in the Tampa Service Office. 7. Adjournment Mr. Beruff moved to adjourn the meeting. Chair Adams seconded the motion and adjourned the meeting. (Track 2 16:00/17:08) The meeting was adjourned at 2:05 p.m. 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 Bureau Chief, 2379 Broad Street, Brooksville, Florida ; telephone (352) , ext. 4702, or (FL only), ext. 4702; TDD (FL only) ; or to ADACoordinator@swfwmd.state.fl.us. 30

50 MINUTES OF THE MEETING GOVERNING BOARD SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TAMPA,FLORIDA JANUARY 29, 2013 The Governing Board of the Southwest Florida Water Management District (SWFWMD) met for its regular meeting at 9:03 a.m. on January 29, 2013, at the District s Tampa Service Office. The following persons were present: Board Members Present H. Paul Senft, Chair Douglas B. Tharp, Vice Chair Albert G. Joerger, Secretary Jeffrey M. Adams, Treasurer Michael A. Babb, Member Carlos M. Beruff, Member Jennifer E. Closshey, Member Wendy Griffin, Member Randall S. Maggard, Member George W. Mann, Member Todd Pressman, Member Staff Members Blake C. Guillory, Executive Director Kurt P. Fritsch, Inspector General Laura J. Donaldson, General Counsel Robert R. Beltran, Assistant Executive Director David T. Rathke, Chief of Staff Mark A. Hammond, Division Director Michael L. Holtkamp, Division Director Alba E. Más, Division Director Board s Administrative Support Cara Martin, Boards & Executive Services Manager LuAnne Stout, Administrative Coordinator A list of others present who signed the attendance roster is filed in the permanent records of the District. This meeting was available for viewing through internet streaming. Approved minutes from previous meetings can be found on the District's Web site ( PUBLIC HEARING (Video 00:00) 1. Call to Order Chair Senft called the meeting to order and opened the public hearing. quorum was present. He noted a 2. Pledge of Allegiance and Invocation Chair Senft led the Pledge of Allegiance to the Flag of the United States of America. Mr. Rathke offered the invocation. Public Hearing Chair Senft introduced each member of the Governing Board. He noted that the Board s meeting was recorded for broadcast on government access channels, and public input was only taken during the meeting onsite. Chair Senft stated that anyone wishing to address the Governing Board concerning any item listed on the agenda or any item that does not appear on the agenda should fill out and submit a speaker's card. To assure that all participants have an opportunity to speak, a member of the public may submit a speaker s card to comment on agenda items only during today's meeting. If the speaker wishes to address the Board on an issue not on today's agenda, a speaker s card may be submitted for comment during "Public Input." Chair Senft stated that comments would be limited to three minutes per speaker, and, when appropriate, exceptions to the three-minute limit may be granted by the Chair. He also requested that several individuals wishing to speak on the same issue/topic designate a spokesperson. 31

51 Minutes of the Meeting January 29, 2013 SWFWMD Governing Board Page 2 of Oath of Office for Newly Appointed or Reappointed Board Members No appointments or reappointments occurred so this item was deferred. 4. Additions/Deletions to Agenda (Video 05:54) Section , Florida Statutes, allows the District to change the published agenda for good cause shown, as determined by the presiding officer. Based upon that authority, the Chair has determined that good cause exists to make certain changes to the agenda. These changes are being made in order to permit the Governing Board to efficiently accomplish necessary public business at this meeting and to reflect the items on the agenda that have been requested or suggested to be deleted, revised, supplemented or postponed. Mr. Guillory noted three items have been deleted as follows: CONSENT AGENDA General Counsel s Report DELETE: 15.a. Initiation of Litigation Failure to Submit Statement of Inspection Sita Enterprises, Inc. - MSSW No Polk County REGULATION COMMITTEE DELETE: 20. Consider Water Shortage Order Recommendations OPERATIONS &LAND MANAGEMENT COMMITTEE DELETE: 29. Flying Eagle Nature Center Request for Proposals Mr. Beruff moved, seconded by Ms. Closshey, to approve the amended agenda. Motion carried unanimously. (Track 1 00:00/06:40) 5. Employee Recognition The following staff member achieved the milestone of 20 years for the period of January 1 to March 31, 2013, and was recognized before the Board. (Track 2 00:00/04:38) MILESTONE EMPLOYEE NAME TITLE BUREAU LOCATION 20 Years Ted Gates Professional Geologist/Engineer Data Collection Tampa 6. Public Input for Issues Not Listed on the Published Agenda (Video 11:33) Chair Senft noted four Request to Speak cards were submitted. Mr. Joe Gilberti, P.E., resident of Valrico, spoke regarding his organization, Closer to the Heart Spring Aquifer. He said he has a new energy source and submitted information for the record. Mr. Bruce Nason, resident of Casselberry, spoke regarding the water resource and renewable energy. Mr. Tom Sullivan, resident of Wesley Chapel, spoke regarding water quality and a new valid source of water for the Tampa Bay area. Discussion ensued and these speakers were directed to work with staff through the Cooperative Funding Initiative. Mr. William Rodriguez, resident of Valrico, said Mr. Gilberti spoke for him. (Track 2 04:38/21:10) 32

52 Minutes of the Meeting January 29, 2013 SWFWMD Governing Board Page 3 of 12 CONSENT AGENDA (Video 28:03) Item 15.a. was deleted from consideration. Regulation Committee 7. Individual Water Use Permits (WUPs) Referred to the Governing Board a. WUP Williams Acquisition Holding Company, LLC/The Williams Property, I-4 and Polk Parkway (Polk County) Staff recommended the Board approve the proposed permit as included in the Board s meeting materials. This is a new water use permit for recreational/aesthetic use. The site is located in the Southern Water Use Caution Area and the Central Florida Coordination Area. Operations & Land Management Committee 8. Resolutions Requesting Encumbrance of Fiscal Year Budgeted Funds from the Water Management Lands Trust Fund (WMLTF) a. Resolution Number for Preacquisiton; Management, Maintenance and Capital Improvements; Payments in Lieu of Taxes b. Resolution Number for Lake Hancock South Saddle Creek Restoration and Water Quality Treatment Project c. Resolution Number for Surface Water Improvement and Management (SWIM) Activities Staff recommended the Board approve Resolutions Numbers 13-01, and requesting the encumbrance of the District s FY budget for preacquisition; land management, maintenance and capital improvements; and payments in lieu of taxes; Lake Hancock South Saddle Creek Restoration and Water Quality Treatment Project and SWIM activities within the WMLTF; and authorize staff to request periodic reimbursements for FY costs not to exceed $11,698,159, respectively. 9. Acceptance of Easement Donation Peace Creek Canal Project, SWF Parcel No P Staff recommended the Board accept the donation of an easement interest over 4.45 acres located along the Peace Creek Canal owned by the Donley Family. Resource Management Committee 10. Authorize Submission of Preliminary Citrus County Flood Insurance Rate Maps to the Federal Emergency Management Agency Staff recommended the Board authorize submission of the preliminary Citrus County Flood Insurance Rate Maps (FIRMS) to the Federal Emergency Management Agency (FEMA) for the entire county. 11. Dona Bay Restoration (Sarasota County) Change in Project Scope of Work and Transfer of Funds from Dona Bay Hydrologic Restoration - Weir Project (N342) to Dona Bay Conveyance System (N424) Staff recommended the Board (1) approve the transfer of $502,091 from the cancelled Dona Bay Hydrologic Restoration - CPS Weir project (N342) to the Dona Bay Conveyance project (N424); and (2) approve the revised changes to the scope of work for the Dona Bay Conveyance project (N424). 12. Facilitating Agricultural Resource Management Systems (FARMS) a. Hancock Grove Phase 4 (H693; aka Billy H. Haygood, Trustee of the L.D. Hancock Revocable Trust) DeSoto County Staff recommended the Board (1) approve the Hancock Grove Phase 4 project for a not-to-exceed project reimbursement of $199,500 with $199,500 provided by the Governing Board; (2) authorize the transfer of $199,500 from fund 010 H017 Governing Board FARMS Fund to the H693 Hancock Grove Phase 4 project project fund; and (3) authorize Executive to execute the agreement. b. Orange-Co, LP, Phase 2 and 3 Amendment (H606) DeSoto County Staff recommended the Board (1) approve the Orange-Co, LP, Phase 2 and 3 Amendment project for a not-to-exceed project reimbursement of $50,000 with $23,787 provided by the Governing Board, and $26, provided from State 33

53 Minutes of the Meeting January 29, 2013 SWFWMD Governing Board Page 4 of 12 Appropriations allocated to the Governing Board; (2) uthorize the transfer of $23,787 from fund 010 H017 Governing Board FARMS Fund, and $26, of State Appropriations located in fund 010 H017 FARMS Funds to the H606 Orange-Co, LP, Phase 2 and 3 Amendment project fund; and (3) authorize Executive to execute the agreement. c. 4 Star Tomato, Inc. Amendment (H583) Manatee County Staff recommended the Board (1) approve the 4 Star Tomato, Inc. project for an increase in the not-to-exceed project reimbursement of $734,642 with $734,642 provided by the Governing Board; (2) authorize the transfer of $734,642 from fund 010 H017 Governing Board FARMS funds to the H583 4 Star Tomato, Inc. project fund; and (3) authorize Executive to execute the agreement. Finance/Outreach & Planning Committee 13. Budget Transfer Report Staff recommended the Board approve the Budget Transfer Report covering all budget transfers for December Fiscal Year Budget Development Process Acceptance of Assumptions Staff recommended the Board accept the general budget preparation assumptions and budget calendar for FY , as itemized in the two exhibits for this item. These assumptions are consistent with the assumptions approved by the Governing Board for preparation of the preliminary budget for FY General Counsel s Report 15. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval a. Initiation of Litigation Failure to Submit Statement of Inspection - Sita Enterprises, Inc. - MSSW No Polk County This item was deleted from consideration. 16. Rulemaking None Executive Director s Report 17. Approve Governing Board Monthly Meeting Minutes December 18, 2012 Staff recommended approving the minutes as presented. Ms. Closshey moved, seconded by Mr. Beruff, to approve the Consent Agenda as amended. Motion carried unanimously. (Track 3 00:00/02:21) OPERATIONS &LAND MANAGEMENT COMMITTEE 29. Flying Eagle Nature Center Request for Proposals (RFP) Chair Senft noted that, following oral presentations by the four respondents to the RFP, this item was deleted due to the Board selection committee recommending rejection of all bids in the best interest of the District. He said this item will return to the Board at a future date. Chair Senft asked if there was any one in the audience who wished to speak on this item. (Track 4 00:00/01:30) Ms. Elaine Moore, one of the respondents and resident of Homosassa, asked why the item was deleted when at the meeting it was stated that the lease would be re-advertised as an Invitation to Negotiate. Mr. Guillory said staff will review to ensure that the proper procedure occurs. He said staff will attempt to craft the best possible solution for this property. He noted that Ms. Moore will be contacted. (Track 5 00:00/02:30) Chair Senft relinquished the gavel to Regulation Committee Chair Beruff who called the Committee meeting to order. 34

54 Minutes of the Meeting January 29, 2013 SWFWMD Governing Board Page 5 of 12 REGULATION COMMITTEE (Video 34:30) Item 20 was deleted from consideration. 18. Consent Item(s) Moved for Discussion None 19. Hydrologic Conditions Status Report Mr. Granville Kinsman, Manager, Hydrologic Data Section, noted that December historically marks the third month of the eight-month dry season and provisional rainfall totals for the month were within the normal range for all regions of the District. Rainfall during December was regionally variable and mainly associated with the passage of several cold front systems moving across the District. The District-wide provisional 12-month and 24-month rainfall deficits improved during December, ending the month approximately 1.9 and 5.0 inches, respectively, below their long-term average. The amount of rainfall received during December was not sufficient to improve conditions, and most hydrologic indicators declined throughout the District. Streamflow, groundwater levels and Tampa Bay region lake levels continued to remain within normal limits, while lake levels in the Northern, Polk Uplands and Lake Wales Ridge regions remained at below-normal levels. Current NOAA climate forecasts predict below-normal rainfall for the District during the three-month period of January/February/March Additionally, NOAA forecasts for El Niño/Southern Oscillation (ENSO) indicate that neutral conditions persist in the Pacific Ocean and will likely continue into the spring. As the dry season runs from October through May, further declines in hydrologic conditions are likely if below-normal rainfall conditions occur during this period, increasing chances for resource-related impacts. (Track 5 02:30/10:00) This item was presented for the Committee's information, and no action was required. In response to Mr. Maggard s questions, Mr. Warren Hogg, representing Tampa Bay Water, provided an update on Alafia River usage, desalination plant, reservation renovation, and wellfield pumpage. (Track 5 10:00/15:40) 20. Consider Any Recommended Water Shortage Orders This item was deleted from consideration. 21. Denials Referred to the Governing Board None Submit & File Report The following item was submitted for the Committee s information, and no action was required. 22. Public Supply Report Routine Reports The following items were provided for the Committee s information, and no action was required. 23. Southern Water Use Caution Area Quantities 24. Overpumpage Report 25. E-Permitting Metrics: Online vs. Paper Applications 26. Individual Permits Issued by District Staff 27. Resource Regulation Significant Initiatives Committee Chair Beruff adjourned the Committee meeting, and relinquished the gavel to Operations & Land Management Committee Chair Tharp who called the Committee meeting to order. (Track 5 15:40/15:52) 35

55 Minutes of the Meeting January 29, 2013 SWFWMD Governing Board Page 6 of 12 OPERATIONS &LAND MANAGEMENT COMMITTEE (Video 47:50) Item 29 was deleted from consideration. Discussion Items 28. Consent Item(s) Moved for Discussion None 29. Flying Eagle Nature Center Request for Proposals (RFP) This item was deleted from consideration. Submit & File Reports None Routine Reports The following items were provided for the Committee s information, and no action was required. 30. Structure Operations 31. Significant Activities Operations & Land Management Committee Chair Tharp adjourned the Committee meeting and relinquished the gavel to Finance/Outreach & Planning Committee Chair Adams who called the Committee meeting to order. (Track 6 00:00/00:20) FINANCE/OUTREACH &PLANNING COMMITTEE (Video 48:21) Discussion Items 32. Consent Item(s) Moved for Discussion None 33. Office of Inspector General Fiscal Year 2013 Annual Audit Plan Mr. Fritsch said that, in accordance with Chapter 373 and Section , Florida Statutes, the Office of Inspector General (OIG) develops an annual audit plan for approval by the Governing Board. By approving the proposed audit plan, the Board authorizes the Inspector General to provide assurance, consulting, investigative and training services. The plan shows the OIG s proposed work schedule and presents specific cost estimates for the provision of services. The plan is based upon a District-wide risk assessment prepared by the Inspector General. Importantly, the Board may identify other priorities subsequent to the approval of the plan and may direct the Inspector General to perform an audit of a special program, function or organizational unit at any official District meeting. Staff recommends the Board approve the OIG Fiscal Year 2013 Annual Audit Plan. Ms. Closshey moved, seconded by Mr. Beruff, to approve the staff recommendation as presented. Motion carried unanimously. (Track 7 00:00/04:15) 34. Strategic Plan Mr. Rathke said the Strategic Plan is to provide direction for achieving the District s mission, to manage water and related natural resources, and to ensure their continued availability while maximizing environmental, economic and recreational benefits. The current plan, which has served the District since November 2010, contains information about the District s mission, areas of responsibility, and broad outlines of goals and strategies. 36

56 Minutes of the Meeting January 29, 2013 SWFWMD Governing Board Page 7 of 12 Mr. Rathke said this effort will revisit the current plan and make the appropriate updates to ensure it aligns with present-day values and provides sound direction for addressing challenges for the next five years, FY He said specific priorities and related measurable objectives will be identified for each of the areas of responsibility. The new plan will include information not only on what the District wants to achieve, but also how the District conducts its business by including a section on vision and values to accompany the District s mission and areas of responsibility. The work program s objectives are to provide clear guidance to stakeholders and staff, provide focused priorities and strategies for future decision-making, and provide key success indicators for measuring progress. The process will include coordination with the various divisions to review the current Plan s relevancy and technical accuracy, and define more focused goals and strategies and the appropriate success indicators, including how current projects and programs are aligned with these indicators. In addition, any business process changes necessary for meeting the water management challenges would be addressed. Mr. Rathke said that periodic progress updates would be provided so the Board has an opportunity to comment on the initiative s direction. Staff s intent is to have the Strategic Plan completed and approved by the Governing Board prior to the deadline for submission of Cooperating Funding applications. (Track 7 04:15/18:14) Discussion ensued regarding budget, cooperative funding, measurable quantities, improve on past planning, color charts to clearly see where issues exist, compare past with existing project timetables and funding amounts. To ensure all are of aware of each region s needs, Chair Senft requested the following Board members serve on regional committees: Mr. Maggard serve on the Northern, Mr. Tharp serve on the Heartland, and Mr. Adams serve on the Southern. Each Board member accepted the assignment. (Track 7 18:14/20:08) Discussion ensued regarding emphasis on strategic planning for priorities, practicable approach to develop a plan, and realistically improve expectations. Mr. Guillory noted that the plan is generally written and staff is adjusting its policies and procedures to achieve objectives and indicators as needed by region. Mr. Maggard stated that he would like FARMS program measurements presented more often. (Track 7 20:08/25:20) This item is presented for the Committee s information, and no action is required. 35. Fiscal Year Cooperative Funding Process Ms. Cara Martin, Manager, Boards & Executive Services Section, Public Affairs Bureau, said the fiscal year applications were distributed to staff and are undergoing indepth evaluation for ranking purposes. The raw applications have been compiled by region, distributed to the Governing Board members and posted on the District s website. Board members are asked to familiarize themselves with the applications in preparation of the February public meetings. Ms. Martin said the February meetings are the Board s opportunity to ask questions of staff and the applicants, and to hear public and stakeholder input from non-applicants. During the February meetings, each subcommittee will be asked to identify proposals for 37

57 Minutes of the Meeting January 29, 2013 SWFWMD Governing Board Page 8 of 12 presentation and further discussion at the April meetings. Staff rankings will be provided in April, and the regional subcommittees will be asked to prepare their final rankings and recommendations at that time. Staff recommended the Board approve the agenda topics as proposed for the February regional subcommittee meetings and regional subcommittee memberships: Northern Region: Doug Tharp, Randy Maggard Tampa Bay Region: Jeff Adams, Michael Babb, Jennifer Closshey, Wendy Griffin, Randy Maggard, Todd Pressman Heartland Region: George Mann, Paul Senft, Doug Tharp Southern Region: Carlos Beruff, Albert Joerger, Jeff Adams Mr. Maggard moved, seconded by Mr. Beruff, to approve the staff recommendation as presented. Motion carried unanimously. (Track 7 25:20/30:38) Committee Chair Adams recognized the one Request to Speak that was submitted. Ms. Lisa Rhea, representing the City of Oldsmar, spoke in support of the Cooperative Funding Program and noted the successes accomplished by the City with the District s assistance. (Track 7 30:38/32:45) Committee Chair Adams reported that the Financial Investments Ad Hoc Committee met on January 28, 2013, to begin the task to update the Board Policy He provided a brief overview of the meeting and set the next meeting for February 20, He said the Ad Hoc Committee requests the Board approve initiation of a procurement process for investment advisory services and that the Ad Hoc Committee serve as the selection committee. He said the Ad Hoc Committee also agreed to temporarily move funds currently invested in the federated institutional government fund to the State Board of Administration (SBA) Prime Fund which is consistent with current policy. Mr. Tharp moved, seconded by Chair Senft, to approve the Ad Hoc Committee s recommendation to initiate a procurement process for investment advisory services and that the Ad Hoc Committee serve as the selection committee. Motion carried unanimously. (Track 7 32:45/44:30) Submit & File Reports The following items were submitted for the Committee s information, and no action was required. 36. Office of Inspector General Fiscal Year 2012 Annual Report Consolidated Annual Report Routine Reports The following items were provided for the Committee s information, and no action was required. 38. Treasurer's Report and Payment Register 39. Monthly Financial Statement 40. Monthly Cash Balances by Fiscal Year 41. Comprehensive Plan Amendment and Related Reviews 42. Development of Regional Impact Activity Report 43. Significant Activities 38

58 Minutes of the Meeting January 29, 2013 SWFWMD Governing Board Page 9 of 12 Finance/Outreach & Planning Committee Chair Adams adjourned the Committee meeting and relinquished the gavel to Resource Management Committee Chair Babb. (Track 7 44:30/45:09) RESOURCE MANAGEMENT COMMITTEE (Video 93:55) Item 46 will be heard prior to Item 45. Discussion Items 44. Consent Item(s) Moved for Discussion None 46. Cooperative Funding Initiative Board Policy Mr. Hammond said Board Policy 130-4, Cooperative Funding Initiative, provides guidance on implementing the District s Cooperative Funding Initiative. In review of the District s processes associated with the Cooperative Funding Initiative over the last year, staff has identified options for revisions to the policy for the Board to consider. Mr. Hammond said that, at this time, staff is not recommending changes to the policy due to the Strategic Plan process. Mr. Hammond provided the Board with a draft project evaluation form. He reviewed the draft form and process being considered with direction by the Board. (Track 8 00:00/14:11) Chair Senft noted that he recently attended a regional meeting in Daytona Beach of the Orlando Area Chamber of Commerce. When it was noted that the District has provided $1.4 billion in cooperative project funding and impacted the infrastructure by $2.4 billion since instituted, there was stunned silence. He said the CFI is the District s signature program and we should be proud. (Track 8 14:11/016:10) Discussion ensued regarding process of assessing projects to ensure still viable, integrating old and new projects, risk management, cost effectiveness, tie quantitative to strategic work plan, verify past performance, delays due to financial constraints, and follow the project online. The Board requested to see each project drafted into the form s format prior to the February regional meetings. (Track 8 16:10/43:09) This item is presented for the Committee s information, and no action is required. 45. District Springs Activities Chris Anastasiou, Ph.D., Senior Environmental Scientist, Natural Systems and Restoration Bureau, said the District is home to over 150 documented springs, most of them clustered around five spring groups: Rainbow River, Crystal River/Kings Bay, Homosassa River, Chassahowitzka River, and Weeki Wachee River. The District springs activities promote the protection, management, and restoration of springs, their associated spring runs, as well as the receiving coastal waters and spring recharge areas (springsheds). Dr. Anastasiou said significant environmental changes are taking place in these spring systems. The District continues to document increasing nitrate concentrations in many spring vents, though at varying concentrations and with varying effects on the receiving water bodies. Other documented impacts include declining water clarity, increasing 39

59 Minutes of the Meeting January 29, 2013 SWFWMD Governing Board Page 10 of 12 salinity, variability in spring discharge, and significant changes in submerged aquatic vegetation (SAV) composition. Dr. Anastasiou provided a summary of the current and future District springs activities as requested at the Board s October 2012 meeting. (Track 8 43:09/65:00) Discussion ensued regarding nitrate levels in different springs, the importance of flow on maintaining healthy systems, concerns raised by local residents, water quality monitoring, activities that may inadvertently cause unintended degradation, projects in the northern region to address major issues, staff development of novel ideas to include public participation, and designing a website available to the public for this information. Board members requested to receive an listing projects in the cooperative funding process that address the issues discussed. Mr. Beltran noted the District has organizationally established a technical area of expertise to bring staff together, as well as done succession planning to hire staff to coordinate these issues. He said the District is also coordinating with agencies throughout the state. (Track 8 65:00/88:06) This item is presented for the Committee's information, and no action is required. Submit & File Report The following item was submitted for the Committee s information, and no action was required. 47. Five-Year Water Resource Development Work Program Routine Reports The following items were provided for the Committee s information, and no action was required. 48. Minimum Flows and Levels 49. Watershed Management Program and Federal Emergency Management Agency Map Modernization 50. Significant Water Supply and Resource Development Projects Resource Management Committee Chair Babb adjourned the Committee meeting and relinquished the gavel to Chair Senft. (Track 8 88:06/88:20) GENERAL COUNSEL S REPORT (Video 181:48) Ms. Donaldson noted that, on January 15, 2012, the Chassahowitzka-Homosassa Minimum Flows and Levels (MFLs) Public Hearing was held at the Brooksville office and Mr. Tharp presided over the meeting. Mr. Tharp reported that more than 30 people attended the hearing with 14 speakers addressing the proposed rules. He said the person requesting the hearing provided a presentation outlining his issues with the rulemaking which included concerns that the proposed rules are vague and difficult to enforce. Mr. Tharp said that, overall, most of the comments were similar to the comments received at the October meeting. Many attendees stated that no additional withdrawals from these rivers should be authorized and expressed concerns with the methodologies used by the District in formulating the MFLs. A handful of attendees expressed support for the rules as proposed including representatives from the Florida Farm Bureau who indicated that altering the proposed rules to authorize no new withdrawals would significantly 40

60 Minutes of the Meeting January 29, 2013 SWFWMD Governing Board Page 11 of 12 impact agricultural interests in the area. Mr. Tharp said he agrees with Ms. Griffin that the District should keep these citizens informed as to how their concerns are being addressed. Ms. Donaldson said staff is moving forward with rule adoption. (Track 9 00:00/02:30) Discussion Items 51. Consent Item(s) Moved for Discussion None 52. Annual Sunshine Law Refresher Ms. Donaldson provided an overview of Florida s open-government laws and how the daily conduct of District business is affected. Board members asked clarifying questions. This item was presented for the Board s information, and no action was required. Submit & File Report The following item was submitted for the Committee s information, and no action was required. 53. Environmental Resource Permit (ERP) Penalties Equal to or Greater than $5,000 for the Period October 1, 2012 through December 31, 2012 Routine Reports The following items were provided for the Committee s information, and no action was required. 54. Litigation Report 55. Rulemaking Update (Track 9 02:30/14:00) COMMITTEE/LIAISON REPORTS The following reports were provided for the Board s information. 56. Well Drillers Advisory Committee Meeting 57. Environmental Advisory Committee Meeting 58. Other Liaison Reports None (Track 10 00:00/00:20) The agenda was altered slightly at this time. CHAIR S REPORT (Video 195:58) 60. Chair s Report Chair Senft noted that the Joint Policy Board of the three Estuary Programs has created an executive committee to rank RESTORE Act projects and approve the Southwest Florida Gulf Coast Regional Plan (RESTORE Act projects may be eligible for funding through fines collected from BP following the Deepwater Horizon oil spill). He said staff will make a brief presentation to the Board about this in the coming months. Chair Senft said the executive committee will be comprised of one representative from each of six coastal counties and one District representative. Mr. Joerger sits on the Sarasota Bay Estuary Program Policy Board and has volunteered to participate on this committee. Since Mr. Joerger is the Board s veteran policy board representative and the committee meetings are to be held in Sarasota, Chair Senft said he appoints Mr. Joerger for the committee with the understanding that he will provide a liaison report following the committee meetings. Also, he requested Ms. Griffin to serve as alternate in Mr. Joerger s absence at a meeting and she accepted. 41

61 Minutes of the Meeting January 29, 2013 SWFWMD Governing Board Page 12 of 12 Mr. Beruff asked that the future report include the hierarchy and appointees who decide approvals of funding. (Track 10 00:20/05:00) EXECUTIVE DIRECTOR S REPORT 59. Executive Director s Report Mr. Guillory said he had nothing to report at this time. He encouraged Board members to review the current Strategic Plan and think about it in terms of the four planning areas and importance for each area. Board members expressed their appreciation to Ms. Lou Kavouras, Bureau Chief of Board and Executive Services, for her many years of service and professionalism to the Board and District as she will be retiring in February. There being no further business to come before the Board, Chair Senft recessed the public hearing and adjourned the meeting at 12:26 p.m. (Video 204:15, Track 10 00:00/08:22) 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 Bureau Chief, 2379 Broad Street, Brooksville, Florida ; telephone (352) , ext. 4702, or (FL only), ext. 4702; TDD (FL only) ; or to ADACoordinator@swfwmd.state.fl.us. 42

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63 Governing Board Meeting February 26, 2013 REGULATION COMMITTEE Discussion Items 17. Consent Item(s) Moved for Discussion 18. Hydrologic Conditions Status Report... (10 minutes) Consider Any Recommended Water Shortage Orders... (10 minutes) Denial(s) Referred to the Governing Board... 5 Submit & File Reports None Routine Reports 21. Southern Water Use Caution Area Quantities Overpumpage Report E-Permitting Metrics: Online vs. Paper Applications Individual Permits Issued by District Staff Resource Regulation Significant Initiatives... 13

64 Item 18 Regulation Committee February 26, 2013 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 Rainfall Provisional rainfall totals for January were significantly below-normal in all three regions of the District. The normal range is defined as rainfall totals that fall on or between the 25 th to 75 th percentiles derived from the historical data for each month. Northern region rainfall averaged 0.47 inch, equivalent to the 4 th percentile Central region rainfall averaged 0.68 inch, equivalent to the 10 th percentile. Southern region rainfall averaged 0.30 inch, equivalent to the 7 th percentile. District-wide, average rainfall was 0.49 inch, equivalent to the 7 th percentile. Streamflow January streamflow data indicate that flow in regional index rivers decreased in all three regions of the District, compared to the previous month. Regional streamflow conditions ended the month at the base of the normal range in the northern region, at the lower-end of the normal range in the central region and below-normal in the southern region. Normal streamflow is defined as flow that falls on or between the 25 th and 75 th percentiles. The monthly average streamflow in the Withlacoochee River near Holder in the northern region was in the 25 th percentile. The monthly average streamflow measured in the Hillsborough River near Zephyrhills in the central region was in the 33 rd percentile. The monthly average streamflow measured in the Peace River at Arcadia in the southern region was in the 13 th percentile. Groundwater Levels Groundwater data for January indicate levels in the Floridan/Intermediate aquifer decreased in all three regions of the District, compared to last month. Groundwater conditions ended the month within the normal range in all three regions. Normal groundwater levels are defined as those falling on or between the 25 th and 75 th percentiles. The average groundwater level in the northern region was in the 44 th percentile. The average groundwater level in the central region was in the 42 nd percentile. The average groundwater level in the southern region was in the 30 th percentile. 2

65 Item 18 Lake Levels Water-level data for January indicate average lake levels decreased in all regions of the District, compared to the previous month. Regional lake levels ended the month below the base of the annual normal range in the Northern, Polk Uplands and Lake Wales Ridge regions, while the Tampa Bay region ended the month within the 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 0.20 foot and were 2.00 feet below the base of the annual normal range. Average lake levels in the Tampa Bay region decreased 0.11 foot and were 0.72 foot above the base of the annual normal range. Average lake levels in the Polk Uplands region decreased 0.13 foot and were 0.81 foot below the base of the annual normal range. Average lake levels in the Lake Wales Ridge region decreased 0.19 foot and were 2.71 feet below the base of the annual normal range. Issues of Significance The month of January historically marks the fourth month of the annual dry season and rainfall for the month was well below normal in all regions of the District. Rainfall totals during January were regionally variable, associated with the passage of several weak cold front systems moving across the District, and were not sufficient to improve hydrologic conditions in most areas. The District-wide provisional twelve-month and 24-month rainfall deficits worsened during January, ending the month approximately 2.2 and 8.9 inches, respectively, below their long-term average. In response to the low rainfall totals during January, most hydrologic indicators declined. Streamflow conditions in regional index rivers declined, ending the month at low-normal or below-normal levels. Groundwater levels declined, but remained within the normal range of historic values. Regional lake levels declined, ending the month within the annual normal range in the Tampa Bay region, while remaining at below-normal levels in the Northern, Polk Uplands and Lake Wales Ridge regions. Current NOAA climate forecasts predict below-normal rainfall conditions for the District during February, while they predict equal chances for below-normal, normal or above-normal rainfall for March through May Additionally, NOAA forecasts for El Niño/Southern Oscillation (ENSO) indicate that neutral conditions persist in the Pacific Ocean and will likely continue into the spring. As the dry season runs from October through May, further declines in hydrologic conditions are likely if below-normal rainfall conditions occur during this period, increasing chances for resource-related impacts. Updated weather forecasts will be available in mid-february. Staff will continue to closely monitor conditions in accordance with the District's updated Water Shortage Plan, including any necessary supplemental analysis of pertinent data. Staff Recommendation: This item is presented for the Committee's information, and no action is required. Presenter: Granville Kinsman, Manager, Hydrologic Data Section 3

66 Item 19 Regulation Committee February 26, 2013 Discussion Item Consider Any Recommended Water Shortage Recommendations Only one Water Shortage Order is currently in effect. Water Shortage Order No. SWF (Order) was most recently extended by the Governing Board on December 18, This Districtwide Order, currently scheduled to expire on July 31, 2013, is a Phase I declaration in accordance with the District s Water Shortage Plan (Chapter 40D-21, F.A.C.). Staff continues to monitor water resource and supply conditions to determine if any additional actions would be prudent. Since Board-issued water shortage orders must be discussed in a noticed public meeting prior to implementation, this agenda item is included as a contingency provision, allowing the Governing Board to immediately consider any action that staff may recommend based on data to be reviewed on February 20, Staff Recommendation: Recommendations, if any, will be presented on February 26, 2013 based on then-current conditions and predictions. Presenter: Lois Ann Sorensen, M.B.A., Demand Management Program Manager 4

67 Item 20 Regulation Committee February 26, 2013 Discussion Item Denials Referred to the Governing Board District Rule 40D , Florida Administrative Code, provides that if District staff intends to deny a permit application, the applicant will be advised of the opportunity to request referral to the Governing Board for final action. Under these circumstances, if an applicant or petitioner requests their application or petition be referred to the Governing Board for final action, that application or petition will appear under this agenda item for consideration. As these items will be presented at the request of an outside party, specific information may not be available until just prior to the Governing Board meeting. Staff Recommendation: If any denials are requested to be referred to the Governing Board, these will be presented at the meeting. Presenter: Alba E. Más, Division Director, Resource Regulation 5

68 1,800 1,600 SOUTHERN WATER USE CAUTION AREA TOTAL AND FLORIDAN AQUIFER PERMITTED ANNUAL AVERAGE QUANTITIES AND ESTIMATED ANNUAL AVERAGE GROUNDWATER QUANTITIES USED 1, ,200 1, Year

69 Under Review (1) Permit No. Permit Holder Use Type C. Carlton 1 Agricultural Citrus Overpumpage Report December 2012 Permitted Quantity 162,300 gpd Original Report Date Annual Avg. Use Percent Over 11/01/12 175,615 gpd 8.20% Current Report Date Annual Avg. Use Percent Over 1/1/ ,244 gpd 19.07% Service Office Tampa 7 (1) Preliminary determination is that permits are in non-compliance; file is being prepared for OGC or is under review by Regulation staff

70 8 Under Review (1) Permit No. Permit Holder Use Type Continuing From Previous Report Crews Groves Inc. & Mallory Enterprises Inc. 1 Agricultural Citrus Robert Washington c/o Mary Hamilton 1 Agricultural - Citrus Robert Barben & Santa Rosa Ranch 1 Agricultural - Blueberries S & J Farms, Inc. Attn: Agricultural - Pete Beaty 1 Citrus BVG Groves 1 Agricultural - Citrus C Dennis Carlton, Sr. and Lee F. 1 Agricultural - Citrus Flying V, Inc. 1 Agricultural - Citrus Fort Family Partnership, LTD Overpumpage Report December 2012 Agricultural - Citrus Lake Hancock Partners LLP 1 Agricultural - Citrus Permitted Quantity 311,400 gpd 119,400 gpd 106,000 gpd 371,400 gpd 143,400 gpd 276,900 gpd 104,100 gpd 139,000 gpd 107,600 gpd Original Report Date Annual Avg. Use Percent Over 10/01/12 375,464 gpd 20.64% 10/01/12 143,608 gpd 20.27% 6/01/12 125,325 gpd 18.23% 7/01/ ,016 gpd 56.44% 4/01/ ,416 gpd 6.98% 4/01/ ,159 gpd 24.65% 4/01/ ,650 gpd 30.31% 11/01/ ,069 gpd 7.96% 3/01/ ,355 gpd 35.09% Current Report Date Annual Avg. Use Percent Over 1/01/ ,907 gpd 22.64% 1/01/ ,433 gpd 36.04% 1/01/ ,377 gpd 15.45% 1/01/ ,356 gpd 11.03% 1/01/ ,567 gpd 21.73% 1/01/ ,297 gpd 7.73% 1/01/ ,289 gpd 25.16% 1/01/ ,033 gpd 10.82% 1/01/ ,017 gpd 17.12% Service Office Bartow Bartow Bartow Tampa Tampa Tampa Bartow Bartow Bartow (1) Preliminary determination is that permits are in non-compliance; file is being prepared for OGC or is under review by Regulation staff.

71 9 Overpumpage Report December 2012 Under Review (1) Legal Action Request in process (2) Permit No. Permit Holder Use Type Continuing From Previous Report V.C. Hollingsworth Sr. Estate 1 Agricultural - Citrus Growers Investment Group LLC 1 Agricultural - Citrus Hunt Bros, Inc. / Attn. William Hunt 1 Agricultural - Citrus Hunt Bros, Inc. / Attn. William Hunt 1 Agricultural - Citrus Bowen Bros. Inc. C/O Matthew E. Green 1 Agricultural Citrus/Animals Recreational / Highland Reserve Golf Club 2 Aesthetic -Golf Course Permitted Quantity 167,400 gpd 171,000 gpd 158,400 gpd 111,200 gpd 218,700 gpd 241,000 gpd Original Report Date Annual Avg. Use Percent Over 3/01/ ,107 gpd 20.73% 2/01/ ,492 gpd 65.20% 6/01/ ,738 gpd 52.61% 12/28/ ,893 gpd 11.41% 3/01/ ,485 gpd % 3/01/ ,468 gpd 11.81% Current Report Date Annual Avg. Use Percent Over 1/01/ ,082 gpd 15.94% 1/01/ ,202 gpd 70.29% 1/01/ ,981 gpd 51.50% 1/01/ ,460 gpd 25.41% 1/01/ ,628 gpd 49.35% 1/01/ ,182 gpd 18.33% Service Office Sarasota Bartow Bartow Bartow Bartow Bartow (1) Preliminary determination is that permits are in non-compliance; file is being prepared for OGC or is under review by Regulation staff. (2) Legal Action Request is in the process of being completed which will be sent to Legal for potential enforcement action

72 Overpumpage Report December 2012 (3) (4) Active Files in Legal & Consent Order Monitoring Permit No. Permit Holder Use Type Continuing From Previous Report Permitted Quantity Original Report Date Annual Average Use Percent Over Current Report Date Annual Avg. Use Percent Over Service Office GB Approved CO Date Ben Hill Griffin, Inc. 3 / Aesthetic Recreational Golf Course Homeowners of Palm Hill / Palm Hill Mobile Home Park 3 Escalante Black Diamond Golf Club, LLC 3 Recreational / Aesthetic Golf Course Recreational / Aesthetic - Golf Course MJS Golf Group LLC 3 / Aesthetic - Recreational Golf Course * Country Club Utilities 3 Public Supply ** Citrus County Sugarmill Woods 4 Public Supply MILMACK INC. 4 / Aesthetic - Recreational Golf Course 337,900 gpd 148,600 gpd 757,080 gpd 76,607 gpd 183,000 gpd 2,211,000 gpd 282,700 gpd 12/28/11 379,474 gpd 12.30% 6/01/12 198,626 gpd 33.66% 8/29/ ,650 gpd 30.32% 11/28/2011 1,162,744 gpd 1,417.80% 6/28/ ,063 gpd 41.56% 6/28/2006 2,783,803 gpd 25.91% 11/28/ ,678 gpd 37.49% 1/01/ ,486 gpd 5.50% 1/01/ ,581 gpd 18.83% 1/01/ ,192 gpd 37.36% 1/01/ ,707 gpd 82.37% 1/01/ ,645 gpd 55.54% 1/01/2013 2,198,564 gpd -0.56% 1/01/ ,749 gpd 45.30% Bartow Tampa Brooksville Brooksville Bartow SEPT 12 Brooksville AUG 11 Bartow FEB 12 (3) Regulation staff concurs with non-compliance and file is in Legal for enforcement. (4) Legal pursued enforcement action and a Consent Order has been signed; corrective actions are now being monitored for compliance. *WUP 7704 A new revision was issued after the Request for Legal Action file was sent to OGC. The file originated under revision.005. **WUP 9791 Citrus County had a Permitted Annual Average of 2,010,000 gpd until February 24, 2009 (new revision issued)

73 E-Permitting Performance Metrics January 2013 PERMIT DECEMBER 2012 JANUARY 2013 SIX MONTH AVERAGE ONE YEAR AVERAGE Well Construction Permits Public on-line use for applications and completion report submission 92% % % 3,224 92% 7, Water Use Permits Public on-line use for applications 53% 39 66% % % 595 Environmental Resource Permits Public on-line use for applications 42% 84 45% 85 41% % 929 GOAL: Reach online utilization of 80% for each category by October 1, 2013.

74 12 PERMIT NUMBER PROJECT NAME Waterset Phase 2 Pond Z Modification Sabal Palm Point Docks Charlotte County Winchester Boulevard South Villages of Sumter District 10, Phase 2 South Mass Grading Rosedale Addition Phase 1 INDIVIDUAL PERMITS ISSUED: ERPS JANUARY 2013 COUNTY Hillsborough Charlotte Charlotte Sumter Manatee DESCRIPTION Modification of a previously approved ERP to lower the water levels in Pond Z/Wetland I and the regarding of Wetland J Construction of 2 docking facilities including 30 boat slips requiring a Standard Lease pre-empting a total of 32,642 square feet of Sovereign Submerged lands within Stump Pass Modification and reconfiguration of the previously approved stormwater management system serving a road project Mass grading for residential and commercial use Permit modification for Phase I construction as established under ( acre single-family residential development) TOTAL PROJECT ACRES WETLAND ACRES WETLAND ACRES IMPACTED WETLAND MITIGATION ACRES Wetland Mitigation Acres may be zero or less than Wetland Acres Impacted for a variety of reasons. Some of those reasons are: impacted wetlands require no mitigation by rule (e.g., upland cut manmade ditches, etc.); quality of the impacted wetlands is less than the quality of proposed mitigation; or mitigation is provided through a different permit or a mitigation bank. INDIVIDUAL PERMITS ISSUED: WUPS JANUARY 2013 PERMIT NUMBER PERMITTEE NAME / PROJECT NAME Skyview Golf Course Citrus COUNTY DESCRIPTION USE TYPE Irrigation of golf course and lawn & landscaping Recreation / Aesthetic PREVIOUS PERMITTED QUANTITY NEW PERMITTED QUANTITY DURATION (YEARS) 1,229,300 1,148,400 20

75 Item 25 Regulation Committee February 26, 2013 Routine Report Resource Regulation Significant Initiatives Report This report provides information regarding significant activities within the Resource Regulation Division. Recent activity within each of the District's major permitting programs is provided, followed by information regarding other significant activities. Central Florida Water Initiative (CFWI) The District continues to coordinate with the St. Johns River and South Florida Water Management Districts, the Florida Departments of Environmental Protection (DEP) and Agriculture and Consumer Services (DACS), and public water supply utilities on the assessment of groundwater sustainability and development of water supply and environmental solutions for a five-county area of Central Florida including Polk County in the SWFWMD. A decision-making process has been established featuring an Executive Steering Committee comprised of one Governing Board member from each district, senior level staff representatives from DEP and DACS, and a public water supply utilities representative. A Management Oversight Committee and a Technical Oversight Committee form the next level of governance. These committees supervise the technical teams that perform hydrologic modeling, environmental assessments, planning and analysis and development of resource management options for consideration by the Steering Committee. Further information on the CFWI can be found at the website New activities since last meeting: The Steering Committee met on February 1, 2013 and approved changes to the CFWI website including posting a current schedule of meetings and an updated Guidance Document. The Hydrologic Analysis and Groundwater Availability teams provided status updates to the Steering Committee. The Regional Water Supply Plan team provided a status update and a presentation on water demands for all water use categories. The Regional Water Supply Plan sent an to the utilities in the CFWI with the draft population, water demand projections and methodology for the CFWI region for preliminary review. Establishment of Numeric Water Quality Standards for Nutrients Under the Clean Water Act (CWA) Section 303, states are required to establish water quality standards, which define the amounts of pollutants (in either numeric or narrative form) that waters can contain without impairment of their designated beneficial uses. In July 2008, the Florida Wildlife Federation and other environmental groups sued the Environmental Protection Agency (EPA) in an attempt to compel the prompt adoption of numeric nutrient criteria in Florida. EPA signed a consent decree (subsequently revised) which obligates them to adopt final numeric nutrient standards for Florida s fresh water lakes and streams (Phase I) by November 2010 and estuaries and coastal systems (Phase II) by September The final Phase I rule was published in the Federal Register in December 2010 and was subsequently challenged. In response to the Federal challenge, the US District Court issued an order upholding EPA s determination that numeric criteria are necessary, upholding the lake and springs criteria, but rejecting the streams criteria and directing EPA to republish/clarify draft criteria by November 2012 (Phase I Remand). In April 2011, the FDEP filed a petition requesting the EPA withdraw its January 2009 determination that numeric criteria are necessary in Florida, and restore to the state its responsibility for the control of excess nutrients. In a June 2011 response, EPA noted they will repeal the existing federally promulgated freshwater numeric criteria if FDEP adopts and EPA approves of protective criteria. EPA also noted they will not propose or promulgate criteria for any as yet unaddressed waters (estuarine, coastal, south Florida canals) if FDEP adopts legally effective criteria under Florida law. As a result, FDEP pursued rule development of criteria for fresh water lakes, springs, streams and select estuaries. In December 2011, the State s 13

76 Item 25 Environmental Regulation Commission (ERC) approved FDEP s proposed rules with additional amendments. This rule was immediately challenged by a coalition of environmental groups. Legislation ratifying FDEP s rules was signed into law in February FDEP formally transmitted the rules to EPA for approval the following week. In June 2012, Florida Administrative Law Judge Canter ruled on the December 2011 challenge by upholding FDEP s rules noting they are reasonably designed to prevent pollution and show a rational basis. This decision allowed EPA to formally act on the proposed state rules. In June 2012, Judge Hinkle approved an extension of the EPA Phase I rule s effective date to January 6, In November 2012, EPA approved FDEPs numeric nutrient criteria for lakes, springs, flowing waters, Tampa Bay/Sarasota Bay/Charlotte Harbor/Clearwater Harbor-St. Joseph Sound estuaries, and South Florida marine waters. On December 18 th, 2012, EPA published two draft rules. One rule proposed draft numeric nutrient criteria covering the Phase II systems (estuaries, coastal waters and South Florida canals) not covered by the State s rule. The second rule re-proposed the same stream criteria originally published with additional justification (Phase I remand). New activities since last meeting: District staff submitted technical comments on the Phase I Remand rule. Comments focused on EPA s definition of a stream which differs from FDEP s for use in the application of numeric criteria. The District also commented on the Nutrient Watershed Regions. District staff is also compiling technical comments to be submitted on the draft Phase II rule. Conserve Florida Statewide Public Supply Water Conservation Initiative Conserve Florida is the name of the collaborative effort to fulfill the requirements of Chapter , Florida Statutes to develop a comprehensive statewide water conservation program for public suppliers that provides them with utility-specific options. Regulation and Office of the General Counsel staff have been involved in this initiative since its inception, with additional involvement from Executive, Communications and Water Resources staff, as appropriate. The main product of this initiative is a tool for utilities to use when developing or updating their water conservation plans; the current version is a web-based computer application known as EZ Guide 2.0. To use this tool, the utility needs a GIS shapefile of its service area and a list of the potable water system identification numbers that it uses to report data to the Florida Department of Environmental Protection (DEP). The tool combines that information with parcel-specific data from the Florida Department of Revenue, county tax collector and other public databases to develop a water use profile unique to the utility. After the utility has a chance to verify the profile and also add its conservation goals and optional information, the tool recommends appropriate water conservation best management practices (BMPs) and identify the optimal number of units of implementation for each BMP, such as how many toilet rebates to offer. A Clearinghouse, currently hosted by the University of Florida (UF) under contract from DEP, provides technical support for the EZ Guide and related services. The District's financial contribution to DEP s current $325,000 two-year contract with UF is $75,000, all of which is from Fiscal Year 2011, for a scope of work that focuses on keeping basic Clearinghouse services available while also making targeted fixes and adding priority functions to the EZ Guide so that more public suppliers will use it for permitting, compliance and planning processes. The District budgeted an additional $75,000 for Fiscal Year 2012; however, use of these funds is on-hold, pending outcomes of the current contact and conservation-related aspects of the Central Florida Water Initiative and statewide Consumptive Use Permitting consistency efforts. New activities since last meeting: Staffs from the same agencies have been focusing on the Central Florida Water Initiative and statewide Consumptive Use Permitting consistency efforts. However, District staff received and provided comments on the Clearinghouse s latest quarterly progress report. Water Shortage Order Implementation Each time water shortage restrictions are declared, extended, modified or rescinded, certain implementation activities occur. An advertisement must be published in applicable newspapers. Notices must be mailed to affected Water Use 14

77 Item 25 Permit holders. Local government officials must also be apprised and efforts by the Communications Bureau to inform the general public must be supported by Demand Management staff. In addition to maintaining the hotline (see below), staff must also track and take compliance action related to temporary, order-specific permittee reporting requirements. New activities since last meeting: Notices were mailed to 74 affected Water Use Permit holders (all water utilities) based on e-permitting records and to 279 affected local government officials based on Public Affairs records. Staff continues to receive and track Order-required local enforcement data. Water Restriction Hotline Demand Management staff continues to maintain a toll-free telephone number ( ) and address (water.restrictions@ watermatters.org) that citizens and local officials can use to ask questions, report possible violations, and request information about water shortage restrictions, year-round water conservation measures and associated local government ordinances. New activities since last meeting: The hotline answered 213 calls during the four-week period that ended January 25, During that same period, the hotline also answered 121 s. Hotline activity resulted in 14 first-time violation letters being sent to a property owner or manager, and 9 special or repeat-violation situations being referred to a local enforcement agency for investigation. No variances (requests for a special watering schedule) were approved during this time period. Staff Recommendation: This item is provided for the Committee s information, and no action is required. Presenter: Alba E. Más, P.E., Regulation Division Director 15

78 Item 25 ENV RES PERMITS ISSUED TYPE OF PERMIT December 2012 MONTHLY TOTAL 6-MONTH AVERAGE 12-MONTH AVERAGE General Minor System Noticed General General Individual Exemption Formal Wetland Determination ERP Conceptual ERP Site Condition Letter Modification TOTALS ENV RES ACRES PERMITTED MONTHLY TOTAL 6-MONTH AVERAGE 12-MONTH AVERAGE General Minor System Noticed General General Individual Exemption Formal Wetland Determination ERP Conceptual ERP Site Condition Letter Modification TOTALS WATER USE PERMITS ISSUED MONTHLY TOTAL 6-MONTH AVERAGE 12-MONTH AVERAGE Small General General Individual Letter Modification TOTALS WELL CONSTRUCTION PERMITS ISSUED MONTHLY TOTAL 6-MONTH AVERAGE 12-MONTH AVERAGE Well Construction COMPLIANCE ACTIVITIES - FEB 12 MONTHLY TOTAL 6-MONTH AVERAGE 12-MONTH AVERAGE Water Use Inspection (includes Well Tag Installations) ERP/WUP Permit Condition Violation ERP/WUP Expired/Expiring ERP/WUP Permit Ownership Trnsfr ERPs Re-certification Received ERP/WUP Complaints Received ERP Construction Inspection ERP As-Built Activities ERP Transfer to Operation Well Abandonments/Grouting Other Well Construction Inspections TOTALS AGRICULTURAL GROUND & SURFACE WATER MGT PROJECT DESIGNS (AGSWM) MONTHLY TOTAL 6-MONTH AVERAGE 12-MONTH AVERAGE Ordinary Farming Temporary Farming Permanent Farming TOTALS

79

80 Governing Board Meeting February 26, 2013 OPERATIONS &LAND MANAGEMENT COMMITTEE Discussion Items None Submit & File Reports None Routine Reports 26. Structure Operations Significant Activities... 1

81 Item 26 Operations and Land Management Committee February 26, 2013 Routine Report Structure Operations The month of January historically marks the fourth month of the annual dry season and rainfall for the month was well below normal in all regions of the District. Rainfall totals during January were regionally variable, associated with the passage of several weak cold front systems moving across the District, and were not sufficient to improve hydrologic conditions in most areas. The District-wide provisional twelve-month and 24-month rainfall deficits worsened during January, ending the month approximately 2.2 and 8.9 inches, respectively, below their long-term average. In response to the low rainfall totals during January, most hydrologic indicators declined. Streamflow conditions in regional index rivers declined, ending the month at low-normal or below-normal levels. Groundwater levels declined, but remained within the normal range of historic values. Regional lake levels declined, ending the month within the annual normal range in the Tampa Bay region, while remaining at below-normal levels in the Northern, Polk Uplands and Lake Wales Ridge regions. Current NOAA climate forecasts predict below-normal rainfall conditions for the District during February, while they predict equal chances for below-normal, normal or above-normal rainfall for March through May Additionally, NOAA forecasts for El Niño/Southern Oscillation (ENSO) indicate that neutral conditions persist in the Pacific Ocean and will likely continue into the spring. As the dry season runs from October through May, further declines in hydrologic conditions are likely if below-normal rainfall conditions occur during this period, increasing chances for resource-related impacts. Updated weather forecasts will be available in mid-february. Staff will continue to closely monitor conditions in accordance with the District's updated Water Shortage Plan, including any necessary supplemental analysis of pertinent data. Rainfall Provisional rainfall totals for January were significantly below-normal in all three regions of the District. The normal range is defined as rainfall totals that fall on or between the 25 th to 75 th percentiles derived from the historical data for each month. Northern region rainfall averaged 0.47 inch, equivalent to the 4 th percentile Central region rainfall averaged 0.68 inch, equivalent to the 10 th percentile. Southern region rainfall averaged 0.30 inch, equivalent to the 7 th percentile. District-wide, average rainfall was 0.49 inch, equivalent to the 7 th percentile. A summary of the operations made in January is as follows: Inglis Water Control Structures: The Inglis Main Bypass Spillway was operated during the month of January to maintain water levels in Lake Rousseau and provide flow to the lower Withlacoochee River. The average monthly water level for Lake Rousseau was NGVD compared to the recommended maintenance level for the reservoir of NGVD.

82 Item 26 Withlacoochee River Watershed: During the month of January all water control structures in the Tsala Apopka Chain of Lakes were closed to conserve water within the lakes. The Wysong-Coogler Water Conservation Structure main gate is fully inflated to NGVD and low flow gate is deflated to NGVD, aiding in the regulation of the Lake Panasoffkee water level and providing flow to the Withlacoochee River downstream of the structure. The average monthly water level for Lake Panasoffkee was NGVD. Alafia River Watershed: The Medard Reservoir structure was operated to maintain the reservoir at NGVD to allow continued monitoring of conditions on the berm. There were no other structures operated during the month of January. The average monthly water level for the Medard Reservoir was NGVD compared to the recommended maintenance level of NGVD. Hillsborough River Watershed: There were no structures operated during the month of January. The average monthly water level for Lake Thonotosassa was NGVD compared to the recommended maintenance level of 36.50' NGVD. Tampa Bay/Anclote Watershed: There were no structures operated during the month of January. The average monthly water level for Lake Tarpon was 3.07 NGVD compared to the recommended maintenance level of 3.22' NGVD. Peace River Watershed: There were no structures operated during the month of January. The average monthly water level for Lake Gibson was NGVD. The recommended maintenance level for Lake Gibson is NGVD. The average monthly water level for Lake Hancock was NGVD compared to the recommended maintenance level of NGVD. Work on the P-11 replacement structure is progressing. The scheduled completion date is May Lake Wales Ridge Watershed. Structure G-90 was operated during the month of January in order to maintain water levels in Lake June-in-Winter. The average monthly water level for Lake June-in-Winter was NGVD compared to the recommended maintenance level of NGVD. Staff Recommendation: See Exhibit This item is provided for the Committee's information, and no action is required. Presenter: David P. Crane, P.E., Manager, Structure Operations Section

83 STRUCTURE OPERATIONS SECTION HYDROLOGIC REPORT February 4, 2013 STRUCTURE ELEVATION ELEVATION CURRENT POSITION OF ELEVATION ELEVATION CURRENT POSITION OF LEVELS DIFFERENCE LEVEL STRUCTURE STRUCTURE LEVELS DIFFERENCE LEVEL STRUCTURE FLINT CREEK FLORAL CITY POOL HIGH LEVEL Gates Closed HIGH GUIDE LEVEL Leslie Heifner Closed MAXIMUM DESIRABLE All drop gates: 36.00' MSL HIGH MIN LEVEL Floral City Closed LOW LEVEL invert 32.9' MIN LAKE LEVEL Golf Course Golf Course All Gates Closed LOW GUIDE LEVEL invert 38.0' Moccasin Slough Closed KELL HIGH LEVEL INVERNESS POOL Fully Open MAXIMUM DESIRABLE HIGH GUIDE LEVEL Brogden Bridge Gates Closed LOW LEVEL invert 64.66' HIGH MIN LEVEL Brogden Bridge Brogden Culvert Closed MIN LAKE LEVEL invert 34.25' Bryant Slough gates Closed KEENE Keene 1: 12" Log in place LOW GUIDE LEVEL HIGH LEVEL Keene 2: 12" Log in place MAXIMUM DESIRABLE invert 61.6' Keene 3: 12" Log in place HERNANDO POOL (S353) LOW LEVEL invert 61.6' Sherry Brook: 18" Log in place HIGH GUIDE LEVEL HIGH MIN LEVEL S-353 Van Ness Closed STEMPER MIN LAKE LEVEL invert 36.5' S-353 Gates Closed HIGH GUIDE LEVEL " log in place LOW GUIDE LEVEL HIGH MIN LEVEL Two Mile Prairie (max) MIN LAKE LEVEL invert 60.25' LOW GUIDE LEVEL LESLIE HEIFNER Upstream (RIVER level) UPSTREAM Downstream (POOL level) HANNA DOWNSTREAM Gate Closed HIGH LEVEL invert 35.0' MAXIMUM DESIRABLE " log in place. LOW LEVEL invert 60.28' WYSONG-COOGLER UPSTREAM Main Gate at 39.13' CYPRESS CREEK Flood Stage DOWNSTREAM Independent gate at 35.19' WORTHINGTON GARDENS Drop Gate Open 3.0'. Total cfs 345 INGLIS SAWGRASS LAKE HIGH LEVEL By-pass Gates Open 2.10' HIGH LEVEL Gate 1 Fully Open MAXIMUM DESIRABLE Main Gates Closed LOW LEVEL Gate 2 Closed LOW LEVEL invert 11.3' 738 Total Flow cfs Gate 3 Closed TARPON (S551) 3.16 LAKE BRADLEY HIGH LEVEL Main Gates 1, & 4 Closed MAXIMUM DESIRABLE Gate Closed MAXIMUM DESIRABLE Main Gates 2, & 3 Closed LOW LEVEL Drop Gates at 3.5' LAKE CONSUELLA MAXIMUM DESIRABLE Fully Closed ANNE PARKER HIGH LEVEL MEDARD RESERVOIR MAXIMUM DESIRABLE " log in place MAXIMUM DESIRABLE Gate Closed LOW LEVEL invert 46.40' HANCOCK (P11) Gauge at structure WHITE TROUT HIGH LEVEL Gauge on lake HIGH LEVEL MAXIMUM DESIRABLE MAXIMUM DESIRABLE " log in place LOW LEVEL invert 91.7' Gates Closed LOW LEVEL invert 32.94' HENRY (P5) HIGH LEVEL Gate Closed KEYSTONE MAXIMUM DESIRABLE HIGH LEVEL LOW LEVEL invert 122.0' MAXIMUM DESIRABLE Closed LOW LEVEL invert 37.2' SMART (P6) HIGH LEVEL Gate Closed CRESCENT MAXIMUM DESIRABLE HIGH GUIDE LEVEL LOW LEVEL invert 127.2' HIGH MIN LEVEL Gate Closed MIN LAKE LEVEL invert 38.5' FANNIE (P7) LOW GUIDE LEVEL HIGH LEVEL Gates Closed MAXIMUM DESIRABLE ISLAND FORD LOW LEVEL invert 119.5' HIGH LEVEL MAXIMUM DESIRABLE invert 35.0' Gates Closed HAMILTON (P8) LOW LEVEL crest 41.25' HIGH LEVEL Gates Closed MAXIMUM DESIRABLE PRETTY LOW LEVEL invert 113.0' HIGH GUIDE LEVEL Lift Gates 2 and 3 Closed HIGH MIN LEVEL Drop Gates 1 and 4 Closed LENA (P1) MIN LAKE LEVEL invert 38.0' HIGH LEVEL Gate closed LOW GUIDE LEVEL MAXIMUM DESIRABLE LOW MANAGEMENT invert ' MAGDALENE Lake gauge HIGH LEVEL Structure gauge JUNE-IN-WINTER (G90) MAXIMUM DESIRABLE HIGH GUIDE LEVEL Gates Closed LOW MANAGEMENT invert 45.6' Gates Closed HIGH MIN LEVEL Overflow at 75.00' NGVD MIN LAKE LEVEL invert 65.37' BAY LOW GUIDE LEVEL HIGH LEVEL ARIETTA (P3) Gates Closed MAXIMUM DESIRABLE HIGH LEVEL Gate Closed LOW LEVEL invert 44.0' MAXIMUM DESIRABLE LOW LEVEL invert 137.4' ELLEN-LIPSEY Structure Gauge HIGH LEVEL Lake Gauge GIBSON MAXIMUM DESIRABLE Both Gates Closed HIGH LEVEL Gate Closed LOW LEVEL invert 37.6' Drops: At 41.00' MAXIMUM DESIRABLE Stop log bays at ' crest Low Level invert 141.4' CARROLL HIGH GUIDE LEVEL PARKER " log in place HIGH MIN LEVEL HIGH LEVEL Gate Closed MIN LAKE LEVEL invert 34.17' MAXIMUM DESIRABLE LOW GUIDE LEVEL LOW LEVEL invert ' ARMISTEAD HIGH LEVEL Gate Closed PEACE RIVER Flood Stage MAXIMUM DESIRABLE BARTOW LOW LEVEL ZOLFO SPRINGS ARCADIA HILLSBOROUGH RIVER Flood Stage MORRIS BRIDGE S-155 Open LITTLE MANATEE RIVER Flood Stage FOWLER WIMAUMA WITHLACOOCHEE R. Flood Stage ALAFIA RIVER Flood Stage TRILBY LITHIA CROOM HIGHWAY MYAKKA RIVER Flood Stage LAKE PANASOFFKEE MYAKKA STATE PARK HOLDER MANATEE RIVER Flood Stage ANCLOTE RIVER Flood Stage MYAKKA HEAD ELFERS

84 FLAGLER LEVY #* ROUSSEAU CITRUS #* INVERNESS POOL HERNANDO POOL #* MARION District Structure Sites VOLUSIA CONSUELLA BRADLEY FLORAL CITY POOL #* #* #* LESLIE HEIFNER SUMTER LAKE SEMINOLE HERNANDO ORANGE PASCO ISLAND FORD KEYSTONE CRESCENT TARPON PINELLAS #* #* ANN-PARKER #* #* #* #* PRETTY ARMISTEAD SAWGRASS #*#* #* #* #* #* KELL HANNA KEENE STEMPER #* THONOTOSASSA MAGDALENE BAY ELLEN-LIPSEY CARROLL WHITE TROUT #* MEDARD HILLSBOROUGH LOWERY GIBSON ARIETTA (P-3) #* HAINES #* #* #* #* HENRY (P-5) PARKER#* #* #* #* SMART (P-6) LENA (P-1) #* FANNIE (P-7) POLK HAMILTON (P-8) #* HANCOCK (P-11) OSCEOLA MANATEE HARDEE HIGHLANDS #* SARASOTA DESOTO JUNE-IN-WINTER (G-90)