Governing Board Meeting

Transcription

1 \ Governing Board Meeting Agenda and Meeting Information May 24, :00 AM Tampa Office 7601 US Hwy. 301 Tampa, Florida ( )

2 2379 Broad Street, Brooksville, Florida (352) or (FL only) 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 Bureau Chief at 2379 Broad Street, Brooksville, FL ; telephone (352) or (FL only), ext. 4703; or If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800) (TDD) or 1(800) (Voice). Final Agenda GOVERNING BOARD MEETING MEETING NOTICE MAY 24, :00 AM Tampa Office 7601 US HWY. 301, TAMPA, FL (813) 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 Office 170 Century Boulevard Bartow, Florida (863) or (FL only) Sarasota Office 6750 Fruitville Road Sarasota, Florida (941) or (FL only) Tampa Office 7601 Hwy 301 N (Fort King Highway) Tampa, Florida (813) or (FL only)

3 SWFWMD Governing Board Agenda ~ 3~ May 24, :00 A.M. CONVENE PUBLIC HEARING AND MEETING (TAB A) 1. Call to Order 2. Invocation and Pledge of Allegiance 3. Employee Recognition 4. Outgoing Chair's Transition Items 5. Election of Governing Board Officers 6. Additions/Deletions to Agenda 7. Public Input for Issues Not Listed on the Published Agenda CONSENT AGENDA (TAB B) Finance/Outreach & Planning Committee 8. Independent Auditing Services Contract 9. Budget Transfer Report Resource Management Committee 10. FARMS Chapman Family Partnership, LLLP 31 Groves Phase 2 (H739), DeSoto County 11. FARMS Ocean Breeze Properties, LLC (H740), Hillsborough County Regulation Committee a. WUP No Manatee County BOCC / Manatee County Utilities Consolidated Permit (Manatee County) b. WUP No Cemex, Inc. / CEMEX Brooksville Cement North (Hernando County) 13. Approve Well Construction Permitting Delegation Agreements with Sarasota, Manatee and Marion Counties, and Initiate and Approve Rulemaking to Incorporate the Agreements by Reference in Rule 40D-1.002, Florida Administrative Code (F.A.C.) Operations, Lands and Resource Monitoring Committee General Counsel's Report 14. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval 15. Rulemaking Executive Director's Report 16. Approve CFI Northern Region Meeting Minutes - April 6, Approve CFI Heartland Region Meeting Minutes - April 7, Approve CFI Southern Region Meeting Minutes - April 13, Approve CFI Tampa Bay Region Meeting Minutes - April 14, Approve Governing Board Meeting Minutes - April 26, 2016 FINANCE/OUTREACH & PLANNING COMMITTEE (TAB C) Discussion 21. Consent Item(s) Moved for Disussion 22. District Social Media Update 23. Self-Funded Health Insurance Plan - Quarterly Update 24. Fiscal Year Ad Valorem New Growth Projections Submit & File Reports - None Routine Reports 25. Treasurer's Report and Payment Register 26. Monthly Financial Statement 27. Monthly Cash Balances by Fiscal Year 28. Comprehensive Plan Amendment and Related Reviews Report 29. Development of Regional Impact Activity Report 30. Significant Activities Report RESOURCE MANAGEMENT COMMITTEE (TAB D) Discussion 31. Consent Item(s) Moved for Discussion SWFWMD Page 3 Updated 5/12/2016 9:44 AM

4 SWFWMD Governing Board Agenda ~ 4~ May 24, Consideration of Updates to the Cooperative Funding Initiative Policy Potential Discussion Topics for Potable Reuse Workshop for Governing Board Submit & File Reports - None Routine Reports 34. Minimum Flows and Levels Status Report 35. Significant Water Resource and Development Projects REGULATION COMMITTEE (TAB E) Discussion 36. Consent Item(s) Moved for Discussion 37. Denials Referred to the Governing Board 38. epermitting Utilization Update Submit & File Reports - None Routine Reports 39. Overpumpage Report 40. Individual Permits Issued by District Staff OPERATIONS, LANDS AND RESOURCE MONITORING COMMITTEE (TAB F) Discussion 41. Consent Item(s) Moved for Discussion 42. Authorize Staff to Continue Negotiations to Acquire a Perpetual Conservation Easement Within the Upper Myakka River Project, SWF Parcel No C 43. Hydrologic Conditions Report Submit & File Reports - None Routine Reports 44. Structure Operations 45. Significant Activities GENERAL COUNSEL'S REPORT (TAB G) Discussion 46. Consent Item(s) Moved for Discussion Submit & File Reports - None Routine Reports 47. May 2016 Rulemaking Update 48. May 2016 Litigation Report COMMITTEE/LIAISON REPORTS (TAB H) 49. Other Committee/Liaison Reports EXECUTIVE DIRECTOR'S REPORT (TAB I) 50. Executive Director's Report CHAIR'S REPORT (TAB J) 51. Chair's Report 52. Other 53. Employee Milestones RECESS PUBLIC HEARING ANNOUNCEMENTS Governing Board Meetings Schedule: Meeting - Brooksville... June 28, 2016 Meeting - Tampa... July 26, 2016 Meeting -Tampa... August 30, 2016 Meeting - Tampa... September 27, 2016 Governing Board Public Budget Hearings Schedule: SWFWMD Page 4 Updated 5/12/2016 9:44 AM

5 SWFWMD Governing Board Agenda ~ 5~ May 24, 2016 Tentative Budget - Tampa... September 13, 2016 Final Budget - Tampa... September 27, 2016 Advisory Committee Meeting Schedule: Well Drillers - Tampa... July 6, 2016 Environmental - Tampa... July 12, 2016 Industrial/Public Supply - Tampa... August 9, 2016 Agricultural/Green Industry - Tampa... September 8, 2016 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. SWFWMD Page 5 Updated 5/12/2016 9:44 AM

6 GOVERNING BOARD OFFICERS, COMMITTEES AND LIAISONS Effective April 2016 Chair Vice Chair Secretary Treasurer OFFICERS Michael A. Babb Randall S. Maggard Jeffrey M. Adams Ed Armstrong OPERATIONS AND LAND MANAGEMENT COMMITTEE Randall S. Maggard, Chair George W. Mann, Vice Chair Ed Armstrong Thomas E. Bronson RESOURCE MANAGEMENT COMMITTEE H. Paul Senft, Jr., Chair Bryan K. Beswick, Vice Chair Wendy Griffin Kelly S. Rice REGULATION COMMITTEE FINANCE/OUTREACH AND PLANNING COMMITTEE Michael A. Moran, Chair Ed Armstrong, Chair * Jeff Adams, Vice Chair Wendy Griffin John Henslick FLYING EAGLE EVALUATION Randall S. Maggard, Chair Bryan K. Beswick Wendy Griffin George W. Mann Michael A. Moran VACANT, Vice Chair Jeffrey M. Adams Michael Moran * Board policy requires the Governing Board Treasurer to chair the Finance Committee. STANDING COMMITTEE LIAISONS Agricultural Advisory Committee Bryan K. Beswick Environmental Advisory Committee Wendy Griffin Green Industry Advisory Committee Bryan K. Beswick Industrial Advisory Committee Kelly S. Rice Public Supply Advisory Committee H. Paul Senft, Jr. Well Drillers Advisory Committee George W. Mann OTHER LIAISONS Central Florida Water Initiative Springs Coast Steering Committee Charlotte Harbor National Estuary Program Policy Board Sarasota Bay Estuary Program Policy Board Tampa Bay Estuary Program Policy Board Tampa Bay Regional Planning Council Michael A. Babb, primary H. Paul Senft, alternate Michael A. Babb/Kelly S. Rice John Henslick Michael A. Moran Wendy Griffin VACANT

7 Executive Summary

8 Executive Summary GOVERNING BOARD MEETING MAY 24, :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. Invocation and Pledge of Allegiance 3. Employee Recognition 4. Outgoing Chair s Transition Items 5. Election of Governing Board Officers 6. Additions/Deletions to Agenda 7. 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. Finance/Outreach & Planning Committee 8. Independent Auditing Services Contract On September 11, 2012, the Governing Board approved the hiring of KPMG, Certified Public Accountants, to perform the annual audit of the District s financial statements and the necessary federal and state single audits as a result of the District s bid. The contract was awarded to KPMG for one-year, with four one-year renewals in accordance with the provisions of the bid. This renewal represents the fourth and final one-year renewal. For the fiscal year audit, the District s Audit Committee, comprised of the District s Finance/Outreach & Planning Committee or an Ad Hoc Audit Committee as appointed by the Governing Board Chair, will be issuing a Request for Proposal to solicit for independent auditing services. KPMG has agreed to keep the fees the same as the previous four years. With the fees remaining the same, there are no significant changes to the contract other than the time requirements, reflecting that the audit is for the fiscal year financial audit.

9 SWFWMD BOARD MEETING EXECUTIVE SUMMARY ~ 2 ~ MAY 24, 2016 KPMG s internal policy required a partner rotation on the District s audit in fiscal year Todd Webster, Managing Director, was assigned to the District s audit and will continue to serve as the partner for the fiscal year financial audit. Staff is requesting the Governing Board provide direction to renew the audit contract with KPMG for an additional year, or to re-bid the auditing services at this time. Staff recommends the Board: 1) Approve to exercise the option to renew the Independent Auditing Services contract with KPMG for an additional year; and 2) Authorization of the Executive Director to enter into a contract with KPMG to perform the fiscal year auditing services 9. Budget Transfer Report 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 recommends the Board approve the Budget Transfer Report covering all budget transfers for April Resource Management Committee 10. FARMS Chapman Family Partnership, LLLP 31 Groves Phase 2 (H739), DeSoto County The District received a project proposal from Chapman Family Partnership, LLLP for their 2,821- acre 31 Groves property located 15 miles south of Arcadia, in southern DeSoto County, within the Prairie Creek watershed and Southern Water Use Caution Area. The Water Use Permit (WUP) authorizes an annual average groundwater withdrawal of 1,101,800 gallons per day (gpd) for supplemental irrigation of 1,213 acres of citrus grove. This project will involve the offset of Upper Floridan aquifer groundwater by supplying additional tailwater to the existing reservoir from the grove ditches and connecting additional grove area to be irrigated with surface water. In March 2014, the Governing Board approved a FARMS project on this property (H708) that included construction of two surface water pump stations, filtration and mainline pipe necessary to connect an existing 33-acre surface water reservoir to irrigate 408 acres of citrus (of 1,213 total acres). The total project cost was $737,513, with a District Reimbursement of $477,000. Since becoming operational in October 2014, the actual groundwater offset for this project has averaged approximately 200,000 gpd, or 28 percent of total irrigation for the entire grove. The proposed project will involve connection of an additional 130 acres of citrus grove to the existing surface water irrigation reservoir and the installation and operation of a pump station that will supply the additional tailwater collected from the grove ditch network into the irrigation reservoir. FARMS project components consist of a pump station, tailwater control structures, and the mainline pipe necessary to connect the reservoir to the irrigation system. The proposed project involves both water quantity and water quality best management practices for supplemental irrigation and qualifies for a 75 percent cost-share reimbursement rate under the FARMS Program. With the proposed project, it is estimated that irrigation of the additional 130 acres would use 40,000 gpd of surface water. Using this quantity as the estimated offset yields a daily cost of $2.26 per thousand gallons of groundwater reduced over the proposed five-year contract term. This value is within the guidelines for the generally accepted average cost savings

10 SWFWMD BOARD MEETING EXECUTIVE SUMMARY ~ 3 ~ MAY 24, 2016 per thousand gallons for the implementation of alternative supplies and improved irrigation techniques for citrus operations. Reimbursement will be from the Governing Board FARMS Fund. Upon approval, the Governing Board fund will have $3,343,062 remaining in the FARMS Program budget. Staff recommends the Board: 1) Approve the Chapman Family Partnership, LLLP - 31 Groves Phase 2 project for a not-toexceed project reimbursement of $113,250 provided by the Governing Board; 2) Authorize the transfer of $113,250 from fund 010 H017 Governing Board FARMS Fund to the H739 Chapman Family Partnership, LLLP - 31 Groves Phase 2 project fund; 3) Authorize the Executive Director to sign the agreement. 11. FARMS Ocean Breeze Properties, LLC (H740), Hillsborough County The District received a project proposal from Ocean Breeze Properties, LLC for a portion of their property located in southwestern Hillsborough County, within the Most Impacted Area (MIA) of the Southern Water Use Caution Area. This project will involve: automation of an irrigation pump station; irrigation nozzle replacement to improve water use efficiency on two center pivots, and conversion from seep irrigation to center pivot irrigation to offset Upper Floridan aquifer groundwater used for the irrigation of 70 acres of sod. The Water Use Permit (WUP) authorizes annual average groundwater withdrawals of 580,900 gallons per day (gpd) for the entire farm and 170,550 gpd for the portion of the property covered by the project. Since August 2015, an average of 44 percent of the permitted quantities were used to irrigate the sod. FARMS project components consist of center pivot nozzle conversion, valve automation, irrigation conversion from seepage to center pivot, and a weather station. The proposed project involves water quantity best management practices for supplemental irrigation within the MIA and qualifies for a 75 percent cost-share reimbursement rate under the FARMS Program. Using an estimated six percent savings of permitted quantities for daily irrigation, or 10,233 gpd, yields a daily cost of $2.50 per thousand gallons of groundwater reduced over the proposed five-year contract term. This value is within the guidelines for the generally accepted average cost savings per thousand gallons for the implementation of improved irrigation techniques for sod operations. Reimbursement will be from the Governing Board FARMS Fund. Upon approval, the Governing Board fund will have $3,343,062 remaining in the FARMS Program budget. Staff recommends the Board: 1) Approve the Ocean Breeze Properties, LLC project for a not-to-exceed project reimbursement of $32,064 with $32,064 provided by the Governing Board; 2) Authorize the transfer of $32,064 from fund 010 H017 Governing Board FARMS Fund to the H740 Ocean Breeze Properties, LLC project fund; 3) Authorize the Assistant Executive Director to sign the agreement. Regulation Committee 12. Individual Water Use Permits Referred to the Governing Board a. WUP No Manatee County BOCC / Manatee County Utilities Consolidated Permit (Manatee County) This is a modification of an existing Water Use Permit (WUP) for public supply. This consolidated permit includes three facilities which are used to meet demand conjunctively: surface water withdrawals at Lake Manatee, and groundwater withdrawals at the East County and Buffalo Creek Wellfields. This modification provides additional flexibility by authorizing an increase of 3.1 MGD in groundwater withdrawals at the East County Wellfield, from MGD to MGD on an annual average basis. The total quantity authorized from the three facilities

11 SWFWMD BOARD MEETING EXECUTIVE SUMMARY ~ 4 ~ MAY 24, 2016 remains MGD on an annual average basis. The East County Wellfield is located near the Most Impacted Area (MIA) of the Southern Water Use Caution Area. The increased authorization at the East County Wellfield is supported by offsets elsewhere within the MIA as a Net Benefit to the resource. Staff recommends the Board approve the proposed permit attached as an exhibit. b. WUP No Cemex, Inc. / CEMEX Brooksville Cement North (Hernando County) This is a renewal with modification of an existing water use permit for Industrial/Commercial use. The water in this facility is used for cooling water for cement manufacturing equipment and air conditioning units. The authorized Annual Average quantities are increased from 170,700 gpd to 2,716,000 gpd, and the authorized Peak Month quantities are increased from 216,400 gpd to 4,140,000 gpd. There are no changes in Use Type from the previous permit. Quantities are based on information submitted by the applicant and on actual reported pumpage data submitted to the District. The increases in Annual Average and Peak Month quantities are due to a more accurate representation of consumptive use and increased production rates. The Permittee currently re-circulates a portion of the groundwater pumped through the facility. This permit is located in Hernando County. Staff recommends the Board approve the proposed permit attached as an exhibit. 13. Approve Well Construction Permitting Delegation Agreements with Sarasota, Manatee and Marion Counties, and Initiate and Approve Rulemaking to Incorporate the Agreements by Reference in Rule 40D-1.002, Florida Administrative Code (F.A.C.) The District has long-standing relationships with Sarasota, Manatee and Marion Counties concerning the regulation of water well construction in those counties. The authority to administer the District s well construction regulatory program has been delegated to Sarasota and Manatee Counties since 1978 and to Marion County since In Sarasota County, the program is administered by the Florida Department of Health in Sarasota County. In Manatee County, the program is administered by its Parks and Natural Resources Department. In Marion County, the program is administered by the Florida Department of Health. Current delegation agreements with Sarasota and Manatee Counties expire June 1, 2016, and the delegation agreement with Marion County expires October 1, The Counties and District staff seek to continue the delegation of water well construction regulation in each County for another five years. Marion County s delegation agreement is being renewed five months prior to its expiration date so that the delegation agreement can be on the same timeframe as Sarasota and Manatee County s delegation agreements. Staff has prepared for Governing Board consideration and approval standardized District well construction permitting delegation agreements with each county, copies of which are attached as exhibits to this agenda item. The delegation agreements are adopted by reference in Rule 40D-1.002, F.A.C., and that rule provision must be updated to reference the latest agreements. As a result, District staff is also requesting approval to initiate rulemaking to effectuate the rule amendment. A copy of the proposed amendments to Rule 40D , to incorporate the agreements by reference, is also included for consideration and approval as an exhibit to this agenda item. Staff recommends the Board approve the Well Construction Permitting Agreement between SWFWMD and Sarasota County, the Well Construction Permitting Agreement between SWFWMD and Manatee County, and the Well Construction Permitting Agreement between SWFWMD and the Florida Department of Health in Marion County; and approve the initiation of rulemaking and the proposed rule language to amend Rule 40D-1.002, F.A.C., to incorporate the Permitting Agreements by reference.

12 SWFWMD BOARD MEETING EXECUTIVE SUMMARY ~ 5 ~ MAY 24, 2016 Operations, Lands and Resource Monitoring Committee None General Counsel s Report 14. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval - None 15. Rulemaking None Executive Director s Report 16. Approve CFI Northern Region Meeting Minutes - April 6, Approve CFI Heartland Region Meeting Minutes - April 7, Approve CFI Southern Region Meeting Minutes - April 13, Approve CFI Tampa Bay Region Meeting Minutes - April 14, Approve Governing Board Meeting Minutes - April 26, 2016 FINANCE/OUTREACH & PLANNING COMMITTEE (TAB C) Discussion 21. Consent Item(s) Moved for Discussion 22. District Social Media Update Social media has become a key tool in communications to reach the public in this digital age. It is used to inform the public about news, events, updates and features on District projects. The District joined social media in 2009 with Facebook and Twitter accounts. Since then, the District has expanded to a total of seven platforms. The District has about 9,000 followers on its two most popular platforms and in Fiscal Year 2015 reached 1.3 million people with its social media messages. The growth has been achieved with an emphasized effort to be strategic about the social media content created, posted and promoted. The platforms offer a variety of content including articles, photo galleries, videos and infographics. The District s social media efforts have been recognized by public relations industry organizations on the local, state and national level. This item is for the Board's information only, and no action is required. 23. Self-Funded Health Insurance Plan Quarterly Update The District moved to a self-funded Health Insurance Plan for calendar year On October 27, 2015, staff presented a recommendation to move to a self-funded Health Insurance Plan for calendar year 2016 and adopt a resolution to commit funds in the amount of $1.7 million as a Health Insurance Reserve Fund. The Board approved this action and Resolution No This item will provide the first quarterly update (January - March 2016) for the Self-funded Health Plan. In a self-funded plan, the insurance company estimates the amount of claims it expects from the District for the upcoming year just as in the fully-funded scenario. The self-funded plan differs in that the District is responsible for paying the claims. If the claims are less than anticipated, the District has additional cash flow or savings to invest. If the claims are greater than anticipated, the District is responsible. To mitigate this risk the District purchased Stop Loss insurance that will cover higher-than-anticipated claims. The insurance company is paid to cover the costs of administering the plan, processing the claims, stop loss insurance, and some level of profit margin. Presented for the Committee s information. No action required.

13 SWFWMD BOARD MEETING EXECUTIVE SUMMARY ~ 6 ~ MAY 24, Fiscal Year Ad Valorem New Growth Projections The general budget assumptions were presented and approved at the October 27, 2015 Governing Board meeting for development of the fiscal year (FY) Preliminary Budget. This included the millage rate based on a rolled-back millage model and revenue based on a projected 2 percent increase in new unit construction. During FY a new unit construction model was developed and presented to the Board. The New Construction Ad Valorem Model has been updated with the most recent market trends and the results will be presented today. The ad valorem rolled-back millage rate will be adjusted in July based on the new construction values provided by the 16-County Property Appraisers for preparation of the District s FY Tentative Budget. Staff recommends the Board approve the ad valorem tax revenue based on the updated new unit construction projection for development of the Recommended Annual Service Budget. Submit & File Reports None Routine Reports The following items are provided for the Committee s information, and no action is required. 25. Treasurer's Report and Payment Register 26. Monthly Financial Statement 27. Monthly Cash Balances by Fiscal Year 28. Comprehensive Plan Amendment and Related Reviews Report 29. Development of Regional Impact Activity Report 30. Significant Activities Report RESOURCE MANAGEMENT COMMITTEE (TAB D) Discussion 31. Consent Item(s) Moved for Discussion 32. Consideration of Updates to the Cooperative Funding Initiative Policy The Governing Board adopted Board Policy for the purpose of implementing the District s Cooperative Funding Initiative. The policy was last updated in December of 2011 (see exhibit for current policy). District staff utilizes the Board Policy 130-4, along with District Procedure 13-4 (staff project evaluation guidelines) to evaluate cooperative funding requests. Staff will briefly discuss several proposed updates to Board Policy These proposed updates include administrative corrections, inclusion of third party review language, and definition of base flow and how it applies to the policy. With Board concurrence, staff will work with a number of cooperators who routinely use the Districts CFI program to make necessary updates to the policy. Based on this coordination, staff will return to a future Governing Board meeting to recommend specific changes to the policy. This item is presented for the committee s information; and no action is required.

14 SWFWMD BOARD MEETING EXECUTIVE SUMMARY ~ 7 ~ MAY 24, Potential Discussion Topics for Potable Reuse Workshop for Governing Board At the April 26, 2016 meeting, the Board requested staff to develop options for an educational workshop on potable reuse. This is an important water supply concept that explores utilizing reuse as a potential potable water supply. This concept is gaining state, national and global attention as utilities implement potable reuse to meet growing water supply demands. There are currently numerous examples of indirect and direct potable reuse throughout the nation. The District has cofunded several projects that include indirect potable reuse and is currently studying a variety of additional options to use reuse as a potable source. Staff will present potential discussion topics for the workshop. Based on input from the Board, staff will formalize an agenda and schedule a date for the Board workshop. Workshop topics can include the difference between indirect and direct potable reuse, existing examples, treatment technology and safety, recent legislation, regulatory challenges, utility implementation and public acceptance. This item is for Board s information only; 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. 34. Minimum Flows and Levels Status Report 35. Significant Water Resource and Development Projects REGULATION COMMITTEE (TAB E) Discussion 36. Consent Item(s) Moved for Discussion 37. 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. 38. epermitting Utilization Update In 2006, the District started developing the Water Management Information System. The system s purpose was to integrate our scientific and regulatory data into one repository. Part of the plan was to build a workflow system allowing for permits to be received, reviewed and issued electronically, officially becoming known as epermitting. In 2007, portals for Water Use Permitting and Well Construction Permitting were released. In 2009, the Permit Information Center was released allowing Water Use Permittees to submit permit condition data online. In 2010, Environmental Resource Permitting portal was opened and followed in 2014 with ecompliance, which is the portal allowing Environmental Resource Permittees to submit permit condition requirements online. Staff will present information describing the outreach efforts associated with epermitting and an update on the system s utilization. This item is presented for the Board 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. 39. Overpumpage Report 40. Individual Permits Issued by District Staff

15 SWFWMD BOARD MEETING EXECUTIVE SUMMARY ~ 8 ~ MAY 24, 2016 OPERATIONS, LANDS AND RESOURCE MONITORING COMMITTEE (TAB F) Discussion 41. Consent Item(s) Moved for Discussion 42. Authorize Staff to Continue Negotiations to Acquire a Perpetual Conservation Easement Within the Upper Myakka River Project, SWF Parcel No C This property is identified in the Florida Forever Work Plan proposed as a fee acquisition. Ninetyeight percent of the property contributes to Flood Protection and Water Quality and fifty percent contributes to Natural Systems. The property is adjacent to the northern portion of Myakka River State Park and contributes to the completion of the Upper Myakka River Project. The property includes an estimated 3 miles of the Myakka River and Clay Gully Creek and hundreds of acres of critical floodplain. The Conservation Foundation of the Gulf Coast (Foundation) requested the District participate in the acquisition of the Triangle Ranch in recognition of the property s contribution to the District s core mission. Purchasing a conservation easement will contribute to efficiently achieve mission goals. The District has negotiated the purchase price of $2,000,000 or $1,838 per acre for the proposed conservation easement which will encumber 1,088 acres more or less. Staff is requesting authorization to continue negotiating the terms and condition of the purchase/sale agreement and conservation easement that will be brought to the Governing Board for approval at a later date. In support of the Florida Forever Workplan goals, the Foundation diligently pursued the project and partially negotiated the acquisition. The Foundation identified the conservation buyer, Elizabeth Moore, and assisted in the negotiation to acquire the property from Anthony Glenn Carlton and the Lela Mae Cribbs Carlton 2010 Revocable Trust. The purchase of the property is contingent on the conservation buyer purchasing the encumbered fee simple title, the Foundation contributing $550,000 to the transaction and the District acquiring a conservation easement. The property was appraised twice with an average Fee Value of $4,067,500, however the buyer has agreed to a purchase price of $4,800,000. The Foundation considered this property to be of utmost importance and contributed $550,000 to the total acquisition. As detailed in the table on the next page the District ordered two appraisals of the less than fee (conservation easement) interest the average appraised value of the conservation easement is $2,652,000. District staff negotiated a cost of $2,000,000. Staff recommends the Board authorize staff to continue negotiations to acquire a perpetual conservation easement within the Upper Myakka River Project, SWF Parcel No C. The final acquisition is subject to negotiating the terms of the purchase/sale and conservation easement agreements acceptable to the Governing Board. 43. Hydrologic Conditions 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 Board s information, and no action is required.

16 SWFWMD BOARD MEETING EXECUTIVE SUMMARY ~ 9 ~ MAY 24, 2016 Submit & File Reports - None Routine Reports The following items are provided for the Committee s information, and no action is required. 44. Structure Operations 45. Significant Activities GENERAL COUNSEL S REPORT (TAB G) Discussion 46. Consent Item(s) Moved for Discussion Submit & File Reports - None Routine Reports The following items are provided for the Committee s information, and no action is required. 47. May Rulemaking Update 48. May Litigation Report COMMITTEE/LIAISON REPORTS (TAB H) 49. Other Committee/Liaison Reports EXECUTIVE DIRECTOR S REPORT (TAB I) 50. Executive Director s Report CHAIR S REPORT (TAB J) 51. Chair s Report 52. Other 53. Employee Milestones RECESS PUBLIC HEARING

17 SWFWMD BOARD MEETING EXECUTIVE SUMMARY ~ 10 ~ MAY 24, 2016 ANNOUNCEMENTS Governing Board Meetings Schedule: Meeting Brooksville... June 28, 2016 Meeting Tampa... July 26, 2016 Meeting Tampa... August 30, 2016 Meeting Tampa... September 27, 2016 Governing Board Public Budget Hearings Schedule: Tentative Budget Tampa... September 13, 2016 Final Budget Tampa... September 27, 2016 Advisory Committee Meeting Schedule: Well Drillers Advisory Committee Tampa... July 6, 2016 Environmental Advisory committee Tampa... July 12, 2016 Industrial/Public Supply Tampa... August 9, 2016 Agricultural/Green Industry Tampa... September 8, 2016 ADJOURNMENT

18 Days Without an At-Fault Accident 249 Days Without a Lost-Time Injury 150 as of April 30, 2016 Cash Balance: $498 Million Reserves $216M Encumbrances $161M Carry Forward FY16-17 $33M Remaining Cash $88M Total $498M Total ERP Applications In-house: BUDGET 3.0 $2.4M Average Processing Time (Days) ERPs Received ERPs Issued General Counsel Tampa Bay Seagrass Coverage in X 1,000 Acres WMIS Online Applications 100 ERP WUP WCP Month Average Current 12-month average: % Employee Turnover % 0 12-Month Average Regulation April % 7.31% 1.9% Current Southwest Florida Water Management District Total WUP Applications In-house: Feb Mar Apr Feb Mar Apr $1.0M Remaining Budget $0.4M Encumbered $1.0M Spent , month average: % Revenues $$ 0 Expenditures $324.9 million (current budget) Resource Management Average Processing Time (Days) WUPs Received WUPs Issued 0.93% Active No Letters Sent Active One Letter Sent Active Two or More Letters Sent Active In OGC Closed No OGC Action Required Number Active in Office of General Counsel: 54 Total Number of Compliance Activities: 5, Office Space in Square Feet 242,342 June 2011 Monthly Dashboard BUDGET $12.3M Regulation Total Number of Projects: 347 Long-Term Project Budget Spend Down: $220.4M Management Services 202,071 Goal ,828 Current 275 SWIM Seagrass Mapping (1988-current) In 2014, achieved the Tampa Bay Estuary Program s 38,000 acre seagrass restoration target 16% increase in cover since maps created, to track the progress of seagrass and bay health over time $5.3M Remaining Budget $0.6M Encumbered $6.4M Spent Operations, Lands & Resource Monitoring Fleet 1 Ton or Under ,000 6,000 5,000 4,000 3,000 2,000 1, $2.7M $45.9M 169 FY2011 Current $138.8M Lapsed at Year End To Be Encumbered Encumbered $20.0M $13.0M Encumbered for Polk Partnership May 2015 Spent Jun , hours Median Closure FY15-16 Carry Forward Total Current Budget Encumbrance Budget Regulation $11.6M $0.7M $12.3M General Counsel $1.8M $0.6M $2.4M Resource Mgmt. $105.1M $128.3M $233.4M Chief of Staff $3.8M $0.7M $4.5M Operations $33.4M $7.5M $40.9M Mgmt. Services $27.1M $2.8M $29.9M Executive $1.5M $0.0M $1.5M Total $184.3M $140.6M $324.9M Oct hours Median Closure FY15-16 Spend Plan Jan 2016 Actual Chief of Staff WaterMatters.org/Springs web visits Jul 2015 Aug 2015 Sep 2015 Oct 2015 Nov ,000 35,000 Rainfall Distribution 30,000 May 2015 April ,000 Very dry Drier than normal 20,000 Normal Wetter than normal 15,000 Very wet 10,000 5, Apr 2016 Jul 2016 Projected Sept 2016 Prescribed Fire Acres Burned Year to Date FY14 15 Total FY15 16 Goal 0 Total Acres Owned: 343,803 Invoice Receipt to Payment 25 Days 12-Month Average 28 Days Current 110 $150.6M Encumbered 55 $17.5M 0 Resource Management 1 $1.7M 0 Chief of Staff BUDGET $40.9M FY2016 Land Management Revenue Goals Public Records Requests 12-Month Avg. Current % % 60 Closed within 60 Closed within 40 7 days 40 7 days Dec ,500 $212,000 Jan ,091 23,927 Feb 2016 $178,000 Mar 2016 Apr 2016 BUDGET $233.4M $25,733 $30,732 $26,000 $23,520 0 Renewable Resources Leases Other $5.5M Encumbered $8.6M 0.0 Operations, Lands & Resource Monitoring FY2016 Goal YTD $65.3M Remaining Budget Spent BUDGET 5 $4.5M $2.1M Remaining Budget $0.7M Encumbered Spent $26.8M Remaining Budget Spent BUDGET $29.9M $11.4M Remaining Budget $3.5M Encumbered $15.0M Spent Management Services

19 A. Public Hearing & Meeting

20 Governing Board Meeting May 24, :00 a.m. CONVENE MEETING OF THE GOVERNING BOARD AND PUBLIC HEARING PUBLIC HEARING AND MEETING 1. Call to Order 2. Invocation and Pledge of Allegiance 3. Employee Recognition 4. Outgoing Chair s Transition Items 5. Election of Governing Board Officers 6. Additions/Deletions to Agenda 7. Public Input for Issues Not Listed on the Published Agenda

21 Items 1-7 Governing Board Meeting May 24, 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. Invocation and Pledge of Allegiance An invocation is offered. The Board Chair conducts the Pledge of Allegiance to the Flag of the United States of America. 3. Employee Recognition Staff that have reached 20 or more years of service at the District will be recognized. Steve Ellis, Senior Regulatory Field Technician 20 years Ellen Cuarta, Contracts Administrator 25 years Jim Desruisseaux, Fleet Maintenance Technician 4 25 years 4. Outgoing Chair s Transition Items According to Board Policy (g.) Prior to the presiding over the annual elections, the Board Chair will disclose during such meeting, at a minimum, (1) the priorities of the Governing Board that were not met during his or her term, status of such priorities and the plan to satisfy such priorities; (2) status report for ongoing projects; (3) lessons learned; and (4) issues/matters that will require attention within the next year. Presenter: Michael A. Babb, Chair 5. Election of Governing Board Officers According to Board Policy 110-7, election of officers shall occur annually in May. Elections will take place during the beginning of the District Business portion of the May Governing Board meeting. New officers will assume offices twenty-four hours prior to the June Governing Board meeting.

22 Items 1-7 Governing Board Meeting May 24, 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: Robert R. Beltran, P.E., Executive Director 7. 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: Michael A. Babb, Chair

23 B. Consent Agenda

24 Governing Board Meeting May 24, 2016 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. Finance/Outreach & Planning Committee 8. Independent Auditing Services Contract Budget Transfer Report... 7 Resource Management Committee 10. FARMS Chapman Family Partnership, LLP 31 Groves Phase 2 (H739), DeSoto County FARMS Ocean Breeze Properties, LLC (H740), Hillsborough County Regulation Committee 12. Individual Water Use Permits Referred to the Governing Board a. WUP No Manatee County BOCC/Manatee County Utilities Consolidated Permit (Manatee County)...15 b. WUP No Cemex, Inc./CEMEX Brooksville Cement North (Hernando County) Approve Well Construction Permitting Delegation Agreements with Sarasota, Manatee and Marion Counties, and Initiate and Approve Rulemaking to Incorporate the Agreements by References in Rule 40D-1.002, Florida Administrative Code (F.A.C)...50 Operations, Lands and Resource Monitoring Committee - None General Counsel s Report 14. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval - None 15. Rulemaking - None Executive Director s Report 16. Approve CFI Northern Region Meeting Minutes - April 6, Approve CFI Heartland Region Meeting Minutes - April 7, Approve CFI Southern Region Meeting Minutes - April 13, Approve CFI Tampa Bay Region Meeting Minutes - April 14, Approve Governing Board Meeting Minutes - April 26,

25 Item 8 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Consent Agenda Independent Auditing Services Contract Purpose Exercise the fourth and final renewal option within the current contract to amend the agreement to engage KPMG LLP (KPMG) to perform the fiscal year auditing services. Background On September 11, 2012, the Governing Board approved the hiring of KPMG, Certified Public Accountants, to perform the annual audit of the District s financial statements and the necessary federal and state single audits as a result of the District s bid. The contract was awarded to KPMG for one-year, with four one-year renewals in accordance with the provisions of the bid. This renewal represents the fourth and final one-year renewal. For the fiscal year audit, the District s Audit Committee, comprised of the District s Finance/Outreach & Planning Committee or an Ad Hoc Audit Committee as appointed by the Governing Board Chair, will be issuing a Request for Proposal to solicit for independent auditing services. KPMG has agreed to keep the fees the same as the previous four years. With the fees remaining the same, there are no significant changes to the contract other than the time requirements, reflecting that the audit is for the fiscal year financial audit. KPMG s internal policy required a partner rotation on the District s audit in fiscal year Todd Webster, Managing Director, was assigned to the District s audit and will continue to serve as the partner for the fiscal year financial audit. Todd has an extensive audit background and recently worked for two years as a GASB Practice Fellow for the Governmental Accounting Standards Board and is very knowledgeable of the new accounting standards which will impact the District. In addition Todd has served as the Senior Manager for the District s fiscal years and financial audits. Staff is requesting the Governing Board provide direction to renew the audit contract with KPMG for an additional year, or to re-bid the auditing services at this time. Staff Recommendation: 1) Approval to exercise the option to renew the Independent Auditing Services contract with KPMG for an additional year; and 2) Authorization of the Executive Director to enter into a contract with KPMG to perform the fiscal year auditing services. Presenter: Linda S. Howard, Bureau Chief, Finance Packet Pg. 6

26 Item 9 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Consent Agenda Budget Transfer Report Purpose Request approval of the Budget Transfer Report covering all budget transfers made during the month of April 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: Request approval of the Budget Transfer Report covering all budget transfers for April Presenter: Linda S. Howard, Bureau Chief, Finance Packet Pg. 7

27 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Budget Transfer Report April TRANSFERRED FROM TRANSFERRED TO --- Bureau / Bureau / Expenditure Category Expenditure Category Item No. Reason For Transfer Transfer Amount Executive Approved - FY Office of Inspector General 0Information Technology Transfer of funds originally budgeted for expert audit assistance. Expenditures have been $ 15, Consultant Services 3423 Cloud Software Usage Fees less than anticipated. The funds are needed for a cloud-based service provided by an enterprise risk management consultant assisting the Inspector General and Executive in analyzing costs of risks and related management efforts. 2 0General Services 0General Services Transfer from Field Equipment Sinking Fund to the appropriate project code and 32, Sinking Fund - Field Equipment 6403 Equipment - Outside expenditure category for the replacement of two 10 year-old Mail Room golf carts where repair costs exceed the market value. 3 0Information Technology 0Information Technology Transfer of funds originally budgeted for the replacement of a large format scanner for 2, Equipment - Computer 3421 Software Document Services. Change in staff duties require a hi-speed scanner instead. Funds 4601 Maint/Repair of Equipment transferred to the appropriate expenditure category for software and warranty costs for the hi-speed scanner. 4 0Information Technology 0Information Technology Transfer of funds originally budgeted for implementation of an Enterprise Project 4, Software Development 3423 Cloud Software Usage Fees Management system. The implementation was completed under budget. The funds are needed for a secured cloud-based program for electronic signatures to execute contracts in conjunction with the Enterprise Project Management system. 5 0General Services 0General Services Transfer of funds originally budgeted for the replacement of a pool vehicle. The funds are 27, Equipment - Vehicles 6402 Equipment - Vehicles no longer needed due to the pool vehicle being sent to auction as a Fleet reduction. The funds are needed to replace an unreliable assigned vehicle in the Facilitating Agricultural Resource Management Systems (FARMS) section. Total Executive Approved $ 82, Finance Bureau Chief Approved - FY Operations & Land Management 6Operations & Land Management Transfer of budgeted Land Acquisition Trust Funds to the appropriate expenditure category $ 200, Other Contractual Services 3402 Vegetation Management Services for invasive plant management. 2 6Operations & Land Management 3Natural Systems & Restoration Transfer of budgeted funds to the appropriate bureau and expenditure category to oversee 145, Contracted Construction 3111 Consultant Services compliance of the Morris Bridge Sink Diversion Florida Department of Environmental Protection (FDEP) Comsumptive Use Permit during construction. 3 0Information Technology 1Finance Transfer of budgeted funds to the appropriate bureau for training of a staff member that 1, Travel - Training 4003 Travel - Training has a different position than when the budget development occurred. 4 5Water Resources 5Water Resources Transfer of budgeted funds to the appropriate expenditure category for the Upper Myakka Grant - Water Conservation 4905 Miscellaneous Permits & Fees Flatford Swamp Restoration permit fees for accounting tracking purposes. Packet Pg. 8 Attachment: FO&P-FIN Exhibit-BT Rpt APR2016 (2437 : Budget Transfer Report)

28 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Budget Transfer Report April TRANSFERRED FROM TRANSFERRED TO --- Bureau / Bureau / Expenditure Category Expenditure Category Item No. Reason For Transfer Transfer Amount 5 0Information Technology 0Information Technology Transfer of funds originally budgeted for modifications to the Human Resources 4, Other Contractual Services 3422 Software Maintenance Information System and Payroll software. Expenditures were less than anticipated. The 3421 Software funds are needed for the unanticipated cost increase in software maintenance for these systems. 6 0Information Technology 0Information Technology Transfer of budgeted funds to the appropriate expenditure categories to provide power 4, Other Contractual Services 6401 Equipment - Inside distribution units and electrical accessories for computer equipment moving to Brooksville 5221 Equipment - Non-Capital Outlay Building 2 as a result of the decommissioning of the Brooksville Data Center Maint/Repair of Equipment 7 0Information Technology 0Information Technology Transfer of budgeted funds to the appropriate expenditure category for Districtwide training 1, Training Costs for Materials and Facilities 3407 Contractual Services for Training provided by a contracted instructor. Total Finance Bureau Chief Approved $ 357, Total Transfers for Governing Board Ratification $ 439, 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 designee or the Finance Bureau Chief consistent with Board Policy 130-8, and are presented for Governing Board approval for ratification on the Consent Agenda. Executive Director or designee approved transfers are made for a purpose other than the original budget intent, but are limited to individual transfer amounts greater than $5,000 not to exceed $50,000. Finance Bureau Chief approved transfers are up to $5,000 or accounting reallocations consistent with original budget intent. Packet Pg. 9 Attachment: FO&P-FIN Exhibit-BT Rpt APR2016 (2437 : Budget Transfer Report)

29 Item 10 RESOURCE MANAGEMENT COMMITTEE May 24, 2016 Consent Agenda FARMS Chapman Family Partnership, LLLP 31 Groves Phase 2 (H739), DeSoto County Purpose To request approval for a Facilitating Agricultural Resource Management Systems (FARMS) project with Chapman Family Partnership, LLLP and approval to reimburse FARMS eligible costs up to a not-to-exceed limit of $113,250 (75 percent of total project costs). Of this amount, $113,250 is requested from the Governing Board FARMS Fund. Total project costs are estimated at $151,000. Project Proposal The District received a project proposal from Chapman Family Partnership, LLLP for their 2,821- acre 31 Groves property located 15 miles south of Arcadia, in southern DeSoto County, within the Prairie Creek watershed and Southern Water Use Caution Area. The Water Use Permit (WUP) authorizes an annual average groundwater withdrawal of 1,101,800 gallons per day (gpd) for supplemental irrigation of 1,213 acres of citrus grove. This project will involve the offset of Upper Floridan aquifer groundwater by supplying additional tailwater to the existing reservoir from the grove ditches and connecting additional grove area to be irrigated with surface water. In March 2014, the Governing Board approved a FARMS project on this property (H708) that included construction of two surface water pump stations, filtration and mainline pipe necessary to connect an existing 33-acre surface water reservoir to irrigate 408 acres of citrus (of 1,213 total acres). The total project cost was $737,513, with a District Reimbursement of $477,000. Since becoming operational in October 2014, the actual groundwater offset for this project has averaged approximately 200,000 gpd, or 28 percent of total irrigation for the entire grove. The proposed project will involve connection of an additional 130 acres of citrus grove to the existing surface water irrigation reservoir and the installation and operation of a pump station that will supply the additional tailwater collected from the grove ditch network into the irrigation reservoir. FARMS project components consist of a pump station, tailwater control structures, and the mainline pipe necessary to connect the reservoir to the irrigation system. Benefits/Costs The proposed project involves both water quantity and water quality best management practices for supplemental irrigation and qualifies for a 75 percent cost-share reimbursement rate under the FARMS Program. With the proposed project, it is estimated that irrigation of the additional 130 acres would use 40,000 gpd of surface water. Using this quantity as the estimated offset yields a daily cost of $2.26 per thousand gallons of groundwater reduced over the proposed five-year contract term. This value is within the guidelines for the generally accepted average cost savings per thousand gallons for the implementation of alternative supplies and improved irrigation techniques for citrus operations. Reimbursement will be from the Governing Board FARMS Fund. Upon approval, the Governing Board fund will have $3,343,062 remaining in the FARMS Program budget. Packet Pg. 10

30 Item 10 Staff Recommendation: 1) Approve the Chapman Family Partnership, LLLP - 31 Groves Phase 2 project for a not-toexceed project reimbursement of $113,250 provided by the Governing Board; 2) Authorize the transfer of $113,250 from fund 010 H017 Governing Board FARMS Fund to the H739 Chapman Family Partnership, LLLP - 31 Groves Phase 2 project fund; 3) Authorize the Executive Director to sign the agreement. Presenter: Chris Zajac, FARMS Program Manager, Natural Systems and Restoration Packet Pg. 11

31 UV 72 Location Map Chapman Family Partnership LLLP 31 Groves - Phase 2 FARMS Project H739 UV 72 UV 72 UV 72 DeSoto County Charlotte County P e a c e 17 Project Site DeSoto County Charlotte County Existing Reservoirs e r R i v #* #* P Arcadia r # a i r J i e o s P h u a r a S h e C r 0 5 Miles i r ie C r e l l C e e C r k 130 Acres Proposed Surface Water Irrigation e k r e e e!. k UV 31 UV 31 e Knotts Dairy Road k Well 1 0 2,000 Feet ^_ Legend District Boundary Project Site Boundary - WUP 3275 #* Existing Surface Water Pump Station(s) # Proposed Surface Water Pump Station & Mainline Grove Ditch!. Existing Irrigation Well DeSoto County μ DLB, 3/21/ Aerial 2012 NAVTEQ Packet Pg. 12 Attachment: H739 Chapman Recap Map (2434 : FARMS Chapman Family Partnership, LLLP 31 Groves Phase 2 (H739), DeSoto County)

32 Item 11 RESOURCE MANAGEMENT COMMITTEE May 24, 2016 Consent Agenda FARMS Ocean Breeze Properties, LLC (H740), Hillsborough County Purpose To request approval for a Facilitating Agricultural Resource Management Systems (FARMS) project with Ocean Breeze Properties, LLC and approval to reimburse FARMS eligible costs up to a not-to-exceed limit of $32,064 (75 percent of total project costs). Of this amount, $32,064 is requested from the Governing Board FARMS Funds. Total project costs are estimated at $42,752. Project Proposal The District received a project proposal from Ocean Breeze Properties, LLC for a portion of their property located in southwestern Hillsborough County, within the Most Impacted Area (MIA)of the Southern Water Use Caution Area. This project will involve: automation of an irrigation pump station; irrigation nozzle replacement to improve water use efficiency on two center pivots, and conversion from seep irrigation to center pivot irrigation to offset Upper Floridan aquifer groundwater used for the irrigation of 70 acres of sod. The Water Use Permit (WUP) authorizes annual average groundwater withdrawals of 580,900 gallons per day (gpd) for the entire farm and 170,550 gpd for the portion of the property covered by the project. Since August 2015, an average of 44 percent of the permitted quantities were used to irrigate the sod. FARMS project components consist of center pivot nozzle conversion, valve automation, irrigation conversion from seepage to center pivot, and a weather station. Benefits/Costs The proposed project involves water quantity best management practices for supplemental irrigation within the MIA and qualifies for a 75 percent cost-share reimbursement rate under the FARMS Program. Using an estimated six percent savings of permitted quantities for daily irrigation, or 10,233 gpd, yields a daily cost of $2.50 per thousand gallons of groundwater reduced over the proposed five-year contract term. This value is within the guidelines for the generally accepted average cost savings per thousand gallons for the implementation of improved irrigation techniques for sod operations. Reimbursement will be from the Governing Board FARMS Fund. Upon approval, the Governing Board fund will have $3,343,062 remaining in the FARMS Program budget. Staff Recommendation: 1) Approve the Ocean Breeze Properties, LLC project for a not-to-exceed project reimbursement of $32,064 with $32,064 provided by the Governing Board; 2) Authorize the transfer of $32,064 from fund 010 H017 Governing Board FARMS Fund to the H740 Ocean Breeze Properties, LLC project fund; 3) Authorize the Assistant Executive Director to sign the agreement. Presenter: Chris Zajac, FARMS Program Manager, Natural Systems and Restoration Packet Pg. 13

33 Miles SMILODON TRL LOST LOST RIVER RIVER TRL TRL Location Map Ocean Breeze Properties, LLC FARMS Project - (H740) GULF CITY RD 41 SWEENEY DR HIBISCUS HIBISCUS 41 Legend ^_ Project Area WUP Boundary Attachment: H740OceanBreezeRecapMap (2435 : FARMS Ocean Breeze Properties, LLC (H740), Hillsborough County) Hillsborough County μ COCKROACH BAY RD Miles SHEARER AVE SHEARER AVE CHANEY CHANEY DR DR MEIGHAN MEIGHAN DR DR INCE DR GOLDWYN DR CJE 4/4/ Aerial 2012 NAVTEQ Packet Pg. 14

34 Item a REGULATION COMMITTEE May 24, 2016 Consent Agenda WUP No Manatee County BOCC / Manatee County Utilities Consolidated Permit (Manatee County) This is a modification of an existing Water Use Permit (WUP) for public supply. This consolidated permit includes three facilities which are used to meet demand conjunctively: surface water withdrawals at Lake Manatee, and groundwater withdrawals at the East County and Buffalo Creek Wellfields. This modification provides additional flexibility by authorizing an increase of 3.1 MGD in groundwater withdrawals at the East County Wellfield, from MGD to MGD on an annual average basis. The total quantity authorized from the three facilities remains MGD on an annual average basis. The East County Wellfield is located near the Most Impacted Area (MIA) of the Southern Water Use Caution Area. The increased authorization at the East County Wellfield is supported by offsets elsewhere within the MIA as a Net Benefit to the resource, related specifically to the delivery of 4.0 MGD reclaimed water to SMR/Lakewood Ranch (WUP 7846) which is also being modified at this time. Special Conditions include those that require the Permittee to report monthly meter readings; monitoring of water levels and water quality at each facility; submittal of an annual public supply water use report; submittal of annual environmental and operational reports for each facility; maintenance of a water-conserving rate structure; compliance with the per capita rate; annual updates of groundwater offsets in support of the Net Benefit process; and compliance with SWUCA recovery goals. The permit application meets all Rule 40D-2 Conditions for Issuance. Staff Recommendation: Approve the proposed permit attached as an exhibit. Presenter: Darrin Herbst, P.G., Bureau Chief, Water Use Permit Bureau Packet Pg. 15

35 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT WATER USE INDIVIDUAL PERMIT NO EXPIRATION DATE: September 25, 2032 PERMIT ISSUE DATE: May 24, 2016 The Permittee is responsible for submitting an application to renew this permit no sooner than one year prior to the expiration date, and no later than the end of the last business day before the expiration date, whether or not the Permittee receives prior notification by mail. Failure to submit a renewal application prior to the expiration date and continuing to withdraw water after the expiration date is a violation of Chapter 373, Florida Statutes, and Chapter 40D-2, Florida Administrative Code, and may result in a monetary penalty and/or loss of the right to use the water. Issuance of a renewal of this permit is contingent upon District approval. TYPE OF APPLICATION: GRANTED TO: PROJECT NAME: WATER USE CAUTION AREA: Modification Manatee County BOCC th Street West Bradenton, FL Manatee County Utilities Consolidated Permit Southern - Most Impacted Area TOTAL QUANTITIES AUTHORIZED UNDER THIS PERMIT (in gpd) STANDARD ANNUAL AL AVERAGE PEAK MONTH 1 Average daily use during the highest water use month 54,836,000 gpd 70,374,000 gpd ABSTRACT: This is a modification of an existing Water Use Permit (WUP) for public supply. This consolidated permit includes three facilities which are used to meet demand conjunctively through surface water withdrawals at Lake Manatee and groundwater withdrawals at the East County and Buffalo Creek Wellfields. This modification increases the East County Wellfield groundwater flexibility by 3.1 million gallons per day (MGD). The annual average groundwater flexibility increases from MGD to MGD. The permit s total authorized annual average quantity from the three facilities remains MGD. The East County Wellfield is located near the Most Impacted Area (MIA) of the Southern Water Use Caution Area. The increased annual average quantity at the East County Wellfield is supported by impact offsets elsewhere within the MIA as a Net Benefit to the resource, related specifically to the delivery of 4.0 MGD reclaimed water to SMR/Lakewood Ranch (WUP No ). DRAFT Special Conditions include those that require the Permittee to report monthly meter readings; monitoring of water levels and water quality at each facility; submittal of an annual public supply water use report; submittal of annual environmental and operational reports for each facility; maintenance of a water-conserving rate structure; compliance with the per capita rate; annual updates of groundwater offsets in support of the Net Benefit process; and compliance with SWUCA recovery goals. Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 16

36 Permit No.: 20 Page 2 WATER USE TABLE (in gallons per day) Standard Peak Use Annual Average Month Public Supply 54,836,000 70,374,000 Use Type Residential Single Family Residential Multi-Family Commercial/Industrial Fire Fighting/Testing Other Metered Uses Treatment Losses Unaccounted Use SERVICE AREA NAME POPULATION PER CAPITA RATE SERVED Manatee County Utilities Consolidated Permit 433, WITHDRAWAL POINT QUANTITY TABLE Water use from these withdrawal points is restricted to the quantities given below: I.D. NO. DISTRICT/ PERMITTEE DIAM. (IN.) DEPTH TTL./CSD.FT. (feet bls) USE GALLONS PER DAY AVERAGE PEAK MONTH DRAFT 1 / A-BAS AS 48 N/A PS 34,900,000 46,068,000 2 / B-BAS 42 N/A SB 34,900,000 46,068,000 3 / B / 390 RP 1,440,000 1,440,000 4 / B / 398 RP 2,000,000 2,000,000 Attachment: May16 WUP Recap Permit (2458 : WUP No ) 9 / B / 400 RP 2,000,000 2,000, / B / 400 RP 2,000,000 2,000, / B / 400 RP 2,000,000 2,000,000 Packet Pg. 17

37 Permit No.: 20 0 Page 3 12 / B / 400 RP 2,000,000 2,000, / ECW ,250 / 500 PS 2,283,700 2,908, / ECW ,235 / 510 PS 2,283,700 2,908, / ECW ,250 / 500 PS 2,283,700 2,908, / ECW ,250 / 500 PS 2,283,700 2,908, / ECW ,246 / 520 PS 2,283,700 2,908, / ECW ,200 / 580 PS 2,283,700 2,908, / ECW ,250 / 500 PS 2,283,8000 2,908, / BCWUF / BCWUF / BCWUF / BCWUF / BCWUF / 325 PS 446,000 46, , / 325 PS 446, , / 325 PS 446, , / 325 PS 446, , / 325 PS 446, , / BCWI / 150 PS 215, , / BCWI / 150 PS 215, , / BCWI / 150 PS 215, ,000 DRAFT 214 / BCWI / 150 PS 215, , / BCWI / 150 PS 215, , / BCWI / 150 PS 215, , / BCWI / 150 PS 215, , / BCWI / 150 PS 215, ,000 Attachment: May16 WUP Recap Permit (2458 : WUP No ) PS = Public Supply SB = Standby RP = Repump (ASR) Packet Pg. 18

38 Permit No.: 20 0 Page 4 WITHDRAWAL POINT LOCATION TABLE DISTRICT I.D. NO. LATITUDE/LONGITUDE SECTION/TOWNSHIP/RANGE / /34/ / /34/ / /34/ / /34/ / /34/ / /34/ / /34/ / /34/ / /34/ / /34/ / /34/ / /34/ / /34/ / /34/ / /34/ / /33/ / /33/ / /33/ / /33/ / /33/ / /33/183/ / /33/ / /33/ / / /33/ / /33/ / /33/ / /33/ / /33/18 SPECIAL CONDITIONS: : DR 1. The total quantities in gallons per day authorized under this permit for each facility on both an annual average and peak month) basis are set forth below (221): Lake Manatee 34,900,000 gpd AAD 46,068,000 gpd PMD East County Wellfield 19,086,000 gpd AAD 20,356,000 gpd PMD Buffalo Creek Wellfield 3,950,000 gpd AAD 3,950,000 gpd PMD Attachment: May16 WUP Recap Permit (2458 : WUP No ) In all cases, the total annual average withdrawal and the total peak month withdrawal for this Consolidated Permit is limited to 54,836,000 gpd and 70,374,000 gpd, respectively. 2. All reports and data required by condition(s) of the permit shall be submitted to the District according to the due date(s) contained in the specific condition. If the condition specifies that a District-supplied form is to be used, the Permittee should use that form in order for their submission to be acknowledged in a timely manner. The only alternative to this requirement is to use the District Permit Packet Pg. 19

39 Permit No.: 20 0 Page 5 Information Center ( to submit data, plans or reports online. There are instructions at the District website on how to register to set up an account to do so. If the report or data is received on or before the tenth day of the month following data collection, it shall be deemed as a timely submittal. All mailed reports and data are to be sent to: Southwest Florida Water Management District Tampa Service Office, Water Use Permit Bureau 7601 U.S. Hwy. 301 North Tampa, Florida Submission of plans and reports: Unless submitted online or otherwise indicated in the special condition, the original and two copies of each plan and report, such as conservation plans, environmental analyses, aquifer test results, per capita annual reports, etc. are required. Submission of data: Unless otherwise indicated in the special condition, an original (no copies) is required for data submittals such as crop report forms, meter readings and/or pumpage, rainfall, water level evapotranspiration, or water quality data. (499) 3. The following proposed withdrawal al facilities shall be metered within 90 days of completion of construction of the facilities: District ID Nos. 202, 203, 204, 205, 211, 212, 2, 213, 214, 215, 216, 217 and 218, Permittee ID Nos. BCWUF-2, BCWUF-3, BCWUF-4, BCWUF-5, BCWI-1, BCWI-2, BCWI-3, BCWI-4, BCWI-5, BCWI-6, BCWI-7 and BCWI-8 at the Buffalo Creek Wellfield. Meter reading and reporting, as well as meter accuracy checks every five years shall be in accordance with instructions tions in Exhibit B, Metering Instructions, attached to and made part of this permit. (718) 4. The following existing withdrawal facilities shall continue to be maintained and operated with existing, non-resettable, n-re totalizing flow meters or other measuring devices as approved by the Water Use Permit Bureau Chief: DRAFT a. District ID Nos. 1 and 2, Permittee ID Nos. A-BAS and B-BAS, which measure raw water intake from the Lake Manatee reservoir. b. District ID Nos. 3, 4, 9, 10, 11 and 12, Permittee ID Nos. B-1, B-2, B-3, B-4, B-5 and B-6, which measure recharge and recovery at the Lake Manatee facility s ASR wells. c. District ID No. 5, Permittee ID No. TOT-FIN, which measures the total flow of treated water from the Lake Manatee Water Treatment Plant s four discharge points to the service area transmission lines. d. District ID No. 6., Permittee ID No. TOT-RAW, which measures the total flow of raw water into the Lake Manatee Water Treatment Plant from the ASR wells, the East County Wellfield, the Lake Manatee reservoir, and the IMC Wellfield (WUP 7345). e. District ID Nos. 128, 129, 130, 131, 132, 133 and 134, Permittee ID Nos. ECW-1, ECW-2, ECW- 3, ECW-4, ECW-5, ECW-6 and ECW-7, which measure groundwater withdrawals at the East County Wellfield. f. District ID No. 201, Permittee ID No. BCWUF-1, which measures groundwater withdrawals at the Buffalo Creek Wellfield. Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 20

40 Permit No.: 20 0 Page 6 Meter reading and reporting, as well as meter accuracy checks every five years shall be in accordance with instructions in Exhibit B, Metering Instructions, attached to and made part of this permit. (719) 5. This permit shall be modified if an additional source of water is provided for public supply use from a separate entity. This includes additional Alternative Water Supply quantities and irrigation water for lawn/landscape and common areas. The Permittee shall notify the District of the additional water source and submit an application to modify the permit to acknowledge receipt. (68) 6. The District reserves the right to set chloride, sulfate or TDS concentration limits on any production well in the future, based on data collected and after a sufficient data a base has been established to determine limits. These limits shall be required after discussions s with the Permittee. At such time as the concentration in any water sample reaches or exceeds the designated concentration limits, the Permittee shall take appropriate action to reduce concentrations to below those set for the particular well. If the District determines that long-term upward trends or other significant water quality changes are occurring, the District may reconsider the quantities permitted. (276) 7. Any wells not in use, and in which pumping equipment is not installed, shall be capped or valved in a watertight manner in accordance with Chapter (3)(a)(4), F.A.C. (568) 8. Beginning January 1, 2012, the Permittee ee shall comply with the following requirements: A. Customer billing period usage shall be placed on each utility-metered, customer s bill. B. Meters shall be read and customers shall be billed no less frequently than bi-monthly. C. The following information, as applicable to the customer, shall be provided at least once each calendar year and a summary of the provisions shall be provided to the District annually as described in Section D, below. The information shall be provided by postal mailings, bill inserts, online notices, on the bill or by other means. If billing units are not in gallons, a means to convert the units to gallons must be provided. 1. To each utility-metered customer in each customer class Information describing the rate structure and shall include any applicable: a. Fixed and variable charges, b. Minimum charges and the quantity of water covered by such charges, c. Price block quantity thresholds and prices, d. Seasonal rate information and the months to which they apply, and e. Usage surcharges 2. To each utility-metered single-family residential customer - Information that the customer can use to compare its water use relative to other single-family customers or to estimate an efficient use and that shall include one or more of the following: a. The average or median single-family residential customer billing period water use calculated over the most recent three year period, or the most recent two year period if a three year period is not available to the utility. Data by billing period is preferred but not required. b. A means to calculate an efficient billing period use based on the customer s characteristics, or c. A means to calculate an efficient billing period use based on the service area s characteristics. D. Annual Report: The following information shall be submitted to the District annually by October 1 of each year of the permit term to demonstrate compliance with the requirements above. The information shall be current as of the October 1 submittal date. Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 21

41 Permit No.: 20 0 Page 7 1. Description of the current water rate structure (rate ordinance or tariff sheet) for potable and nonpotable water. 2. Description of the current customer billing and meter reading practices and any proposed changes to these practices (including a copy of a bill per A above). 3. Description of the means the permittee uses to make their metered customers aware of rate structures, and how the permittee provides information their metered single-family residential customers can use to compare their water use relative to other single-family customers or estimate an efficient use (see C 1 & 2 above). (592) 9. The Permittee shall maintain a water conserving rate structure for the duration of the permit term. Any changes to the water conserving rate structure described in the application shall be described in detail as a component of the next Annual Report on Water Rate, Billing and Meter Reading Practices (condition code no. 334) of the year following the change. (659) 10. The compliance per capita daily water use rate shall be no greater than 106 gallons per day (gpd). The Permittee shall calculate the compliance per capita rate as described in the Annual Report Condition on this permit and shall submit the calculations with the Water Use Annual Report by April 1 of each year. If the compliance per capita rate is greater than 106 gpd, the Permittee shall submit a report that documents why this rate was exceeded, measures s previously or currently taken to reduce their compliance per capita rate, and a plan that describes additional measures and implementation dates for those measures to bring their compliance per capita rate to or below 106 gpd. This report shall be submitted with the Water Use Annual Report by April 1 for each year the compliance per capita rate exceeds 106 gpd. This report is subject to District approval. Justification for exceeding the adjusted gross per capita rate does not constitute tute a waiver of the District's authority to enforce the terms and conditions of the permit. (767) 11. The Permittee shall submit a Water Use Annual Report to the District by April 1 of each year on their water use during the preceding calendar year using the form, Public Supply Water Use Annual Report Form (Form No. LEG-R (09/09)), referred to in this condition as the Form, and all required attachments and documentation. The Permittee shall adhere to the Annual report Submittal Instructions attached to and made part of this condition in Exhibit B. The Form addresses the following components in separate sections. DRAFT Per Capita Use Rate A per capita rate for the previous calendar year will be calculated as provided in Part A of the Form using Part C of the Form to determine Significant Use deduction that may apply. Permittees that cannot achieve a per capita rate of 150 gpd according to the time frames included in the Instructions for Completion of the Water Use Annual Report, shall include a report on why this rate was not achieved, ed, measures taken to comply with this requirement, and a plan to bring the permit into compliance. Residential Use Residential use shall be reported in the categories specified in Part B of the Form, and the methodology used to determine the number of dwelling units by type and their quantities used shall be documented in an attachment. Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 22

42 Permit No.: 20 0 Page 8 Non-Residential Use Non-residential use quantities provided for use in a community but that are not directly associated with places of residence, as well as the total water losses that occur between the point of output of the Water Conservation In an attachment to the Form, the Permittee shall describe the following: 1. Description of any ongoing audit program of the water treatment plant and distribution systems to address reductions in water losses. DRAFT 2. An update of the water conservation plan that describes and quantifies the effectiveness of measures currently in practice, any additional measures proposed to be implemented, the scheduled implementation dates, and an estimate of anticipated water savings for each additional measure. 3. A description of the Permittees implementation of water-efficient efficient landscape and irrigation codes or ordinances, public information and education programs, water conservation incentive programs, identification of which measures and programs, if any, were derived from the Conserve Florida Water Conservation Guide, and provide the projected costs of the measures and programs and the projected water savings. Water Audit If the current water loss rate is greater than 10% of the total distribution quantities, a water audit as described in the Instructions for Completion of the Water Use Annual Report shall be conducted and completed by the following July 1, with the results submitted by the following October 1. Indicate on Part A of the Form whether the water audit was done, will be done, or is not applicable. Alternative Water Supplied Other Than Reclaimed Water If the Permittee provides Alternative Water Supplies other than reclaimed water (e.g., stormwater not treated for potable use) to customers, the information required on Part D of the Form shall be submitted along with an attached map depicting the areas of current Alternative Water Use service and areas that are projected to be added within the next year. Suppliers of Reclaimed Water 1. Permittees having a wastewater treatment facility with an annual average design capacity equal to or greater than 100,000 gpd: The Permittee shall submit the SWFWMD Annual Reclaimed Water Supplier Report on quantities of reclaimed water that was provided to customers during the previous fiscal year (October 1 to September 30). The report shall be submitted in Excel format on the Compact Disk, Form No. LEG- R (05/09), that will be provided annually to them by the District. A map depicting the area of reclaimed water service that includes any areas projected to be added within the next year, shall be submitted with this report. 2. Permittees that have a wastewater treatment facility with an annual average design capacity less than 100, gpd: a. The Permittee has the option to submit the SWFWMD Annual Reclaimed Water Supplier Report, Form No. LEG-R , as described in sub-part (1) above, or b. Provide information on reclaimed water supplied to customers on Part E of the Form as described in the Instructions for Completion of the Water Use Annual Report. Updated Service Area Map If there have been changes to the service area since the previous reporting period, the Permittee shall update the service area using the map that is maintained in the District s Mapping and GIS system. (660) Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 23

43 Permit No.: 20 0 Page Permittees having their own wastewater treatment plant that generate at least advanced-secondary treated effluent (high-level disinfection, as described in Rule (5), F.A.C.) to the minimum FDEP requirements for public access reuse shall respond in a timely manner to inquiries about availability from water use permit applicants for water uses where such reclaimed water is appropriate. If reclaimed water is or will be available to that permit applicant within the next six years, the Permittees shall provide a cost estimate for connection to the applicant. (674) 13. This Permit is located within the Southern Water Use Caution Area (SWUCA). Pursuant to Section , Florida Statutes, the SWUCA is subject to a minimum flows and levels recovery strategy, which became effective on January 1, The Governing Board may amend the recovery strategy, including amending applicable water use permitting rules based on an annual assessment of water resource criteria, cumulative water withdrawal impacts, and on a recurring five-year evaluation of the status of the recovery strategy up to the year 2025 as described in Chapter 40D-80, Florida Administrative Code. This Permit is subject to modification to comply with new rules. (652) LAKE MANATEE 14. The District anticipates establishment of minimum mum flows for the Manatee River system during the term of this permit. If during the course of consideration of minimum flows for the Manatee River it is determined that additional hydrologic, biological or chemical data is needed in order to assess minimum flows, the District and the Permittee shall work collaboratively to achieve a mutually acceptable data collection program. Should a mutually acceptable plan not be accomplished, the District may require modification of this permit. Once minimum flows are established, this water use permit may be subject to additional comprehensive review by the District during the term of the permit. The decision as to the need for further modification or review of the permit shall be made by the District after adoption of minimum flows for the Manatee River system. (357) 15. The Permittee shall continue to measure daily flow through the tainter gates in the Lake Manatee reservoir ervoir spillway. Data shall be recorded on a daily basis and reported to the District on or before the 10 th day of the following month. Daily cumulative volume in gallons per day, and daily average flow in cubic feet per second, shall be submitted, and shall be referenced as District ID No. 7, Permittee ID No. LM-DISCH. The Permittee shall continue to monitor and record daily lake stage levels referenced to National Geodetic Vertical Datum in the Lake Manatee reservoir. The data shall be reduced to both daily and monthly minimum, maximum and average values, and be reported to the District on or before the 10 th day of the following month. The data submitted shall be referenced as District ID No. 8, Permittee ID No. LM-ELEV. (671) 16. Until such time as the District establishes minimum flows for the Manatee River, the Permittee shall maintain a minimum daily discharge of cfs (275,000 gpd) through the tainter gates in the Lake Manatee reservoir spillway. If the maximum daily conductivity as measured at the Rye Bridge monitoring station exceeds 1000 umhos, then the release from Lake Manatee reservoir the following day shall be increased to a minimum flow of 1.0 cfs (646,300 gpd) through the tainter gates. The additional release shall be maintained at the daily rate of 1.0 cfs until such time as the maximum daily conductivity values measured at Rye Bridge at noon return to less than 1000 umhos. This additional release shall not be required if the minimum stage of the reservoir is less than 30.0 ft NGVD. Only release through the tainter gates shall be credited to maintenance of the required minimum flows. (358) Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 24

44 Permit No.: 20 0 Page The Permittee shall continue its cooperative program with the United States Geological Survey for maintenance of the existing continuous recording Streamflow Gauging Station No on the Manatee River at State Road 64 (Latitude , Longitude ). In the event the USGS no longer maintains this streamflow gauging station, the Permittee shall immediately become responsible for its maintenance and for the continued recording and reporting of streamflow values to the District. The Permittee shall coordinate with the USGS and immediately assume the reporting duties to ensure that there is no interruption in the data collection should the USGS fail to maintain the station. If the Permittee does become responsible for maintenance of the streamflow gauging equipment and for the recording and reporting of streamflow values to the District, the data a shall continue to be presented as it is currently done by the USGS. At such time, the data shall be referenced as District ID No. 54, Permittee ID No. USGS-MH. (991) 18. The Permittee shall continue to maintain the conductivity ty meter which is located at the Rye Bridge crossing of the Manatee River to monitor and record the displacement of the salinity wedge in the Manatee River as determined by a 1000 umhos conductivity reading at the bottom of the river. Daily maximum and daily minimum conductivity, corrected rected to 25 o C, shall be recorded and submitted to the District on or before the 10 th day of the following month. The conductivity meter shall be referenced as District ID No. 55, Permittee ID No. RYE-COND. The Permittee will continue to sponsor sor the operation of the continuous conductivity recorder in the Manatee River located downstream of the dam at Fort Hamer (USGS Station No ). The recorder shall measure water levels els in the river and the specific conductance at the top and the bottom of the river. Data should be recorded ed in fifteen minute intervals, collected by the USGS and entered into their database where it can be accessed by the District and the County. (750) 19. The Permittee shall submit an Annual Reservoir Report that is a comprehensive but concise assessment of the water resources of the Lake Manatee Reservoir area based on the subject areas listed below. This report shall concisely summarize the elements listed below, with emphasis on the interactions ns between these elements, where appropriate. Data sources shall be referenced, but no raw data a shall l be included in the report. Only essential text, graphs, and tables should be included in the report. Reports shall be submitted to the Water Use Permit Bureau by August 1 of each year. Any color part of the report that is scanned shall be scanned in color. The report shall cover all activities and conditions pertaining to the Lake Manatee Reservoir area for the preceding calendar year (January 1 to December 31). The specific elements of this report are listed below: DRAFT Water Use Withdrawal quantities from Lake Manatee for the preceding calendar year shall be summarized for the annual al reporting period. The report shall describe in detail the steps taken by the Permittee to maximize the use of surface water from Lake Manatee in order to meet the public supply demands of Manatee County prior to activating the groundwater quantities authorized by this permit. ASR Operation A copy of the ASR Annual Report submitted to FDEP each August under the most current Lake Manatee, Class V, Group 7, Aquifer Storage and Recovery System Permit shall be included with the Annual Reservoir Report. Data Analysis Data analysis shall consist of tabulation of all data required by this permit for spillway flow, daily lake stage, stream flow gauging, and conductivity at the Lake Manatee Reservoir. This data shall be summarized for the annual reporting period and the period of record along with computed averages, means, and other statistical analyses necessary to illustrate basic trends. Any evident trend from the Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 25

45 Permit No.: 20 0 Page 11 above analysis related to water quality, water levels or environmental conditions shall be described, and a brief summary of recommended changes to the monitoring requirements shall be provided. Capital Improvement Program Status A summary of completed water supply system improvements shall be provided. In addition, an update to any documented system weaknesses or anticipated system improvements shall be described. Water Treatment Efficiency A description of efforts to improve water treatment efficiency shall be included. This shall include good faith efforts undertaken in its infrastructure planning and implementation efforts. Opportunities during the prior year to replace water treatment-related infrastructure, including items such as change-outs to pressure vessels, piping, racks (skids), and treatment membrane elements shall be discussed. (524) 20. The total quantity of water recovered from ASR shall not exceed the total quantity of water injected via ASR unless permission is granted in advance in writing from the Water Use Permit Bureau Chief. (546) EAST COUNTY WELLFIELD 21. Authorized withdrawals at the East County Wellfield include Floridan quantities of 2.17 MGD established by eliminating Floridan withdrawals at Gamble Creek/Twin Rivers (WUP No ), and 3.1 MGD established by reducing Floridan withdrawals at SMR/Lakewood Ranch (WUP No ). If the use of reclaimed ed water on these two WUPs is reduced or discontinued, Floridan withdrawals at the East County Wellfield may continue so long as the related Floridan withdrawals on the Gamble Creek/Twin Rivers and SMR/Lakewood Ranch WUPs do not resume. However, if standby groundwater quantities are reinstated, the Permittee shall cease or reduce Floridan withdrawals at the East County Wellfield by an equivalent amount. The new Floridan quantities which are eligible for withdrawal at the East County Wellfield as described above will be reevaluated, and modified as warranted, on an annual basis. The Permittee shall submit the Annual Net Benefit Report by April 1 each year. The reporting period shall be the previous calendar year (January 1 to December 31) and will provide a brief accounting of reclaimed water deliveries es to Gamble Creek/Twin Rivers and Schroeder-Manatee Ranch; groundwater withdrawals at Gamble Creek/Twin Rivers and Schroeder-Manatee Ranch; and the related Floridan withdrawals at East County Wellfield. The 3.1 MGD in new Floridan quantities which are now eligible for withdrawal at the East County Wellfield provide withdrawal flexibility at that facility for conjunctive use but do not increase the total permit allocation. When projected demands show the need for additional supply, the Permittee may submit an application for permit modification requesting that the 3.1 MGD in new Floridan quantities currently identified as withdrawal flexibility at the East County Wellfield be added to the total permit allocation. District approval of any modifications will be contingent upon the application meeting the Conditions ions for Issuance established in Section 40D-2.301, FAC existing at the time of the application. (802) 22. The annual average and peak month quantities for District ID Nos. 128, 129, 130, 131, 132, 133 and 134, Permittee ID Nos. ECW-1. ECW-2, ECW-3, ECW-4, ECW-5, ECW-6 and ECW-7, East County Wellfield, shown in the production withdrawal table are estimates based on historic and/or projected distribution of pumpage, and are for water use inventory and impact analysis purposes only. The quantities listed for these individual sources are not intended to dictate the distribution of pumpage from permitted sources. The Permittee may make adjustments in pumpage distribution as necessary, so long as adverse environmental impacts do not result and the Permittee complies with all other conditions of this Permit. In all cases, the total annual average annual withdrawal and the total peak monthly withdrawal for the East County Wellfield are limited to 19,086,000 gpd and 20,356,000 gpd, respectively.(221)draft Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 26

46 Permit No.: 20 0 Page The Permittee shall maintain a continuous recording rain gauge, District ID No. 160, Permittee ID No. RG5. Total daily rainfall shall be recorded at this station in inches to one-hundredth of an inch and and provided to the District annually as part of the Hydrobiological and Wetlands Monitoring Plan. (255) 24. The Permittee shall continue to maintain the District-approved staff gauges and piezometers in the water bodies specified below, and record measurements of water levels referenced to NGVD at the frequency indicated. District ID Nos. 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, and 172, Permittee ID Nos. SG-T1, WW-T1, UW-T1, SG-T2, WW-T2, UW-T2, SG-T3, WW-T3, UW-T3, SG-T4, WW-T4 and UW- T4 to monitor wetland water levels on a bi-weekly basis (twice per month). To the maximum extent possible, water levels shall be recorded on the same day of each week. Wetland water levels will be reported with the Annual Hydrobiological and Wetland Monitoring Report. The frequency of recording may be modified by the Water Use Permit Bureau Chief, as necessary to ensure the protection of the resource. (762) 25. By April 1 of each year for the calendar year (January 1 December 31), the Permittee shall submit updates to the Environmental Management Plan (EMP) entitled Manatee County East County Wellfield Hydrobiological and Wetlands Monitoring oring Plan,, dated April 24, 2007 that was submitted in support of WUP If the report is submitted in hardcopy, three (3) identical copies (colors replicated) shall be submitted to the Water Use Permit Bureau Chief and one black and white copy shall be submitted to the Water Use Permit Bureau. If the report is submitted in CD format or electronically via the District website, e, only one submission is required. Any color part of the report that is scanned shall be scanned in color. The Annual EMP Report shall be consistent in format and content with prior Annual EMP Reports and include the following information: Data Summary The data collected at all monitor sites including staff gages, wetland wells (center wells), and upland wells (edge wells) for wetlands T1, T2, T3 and T4, should be summarized and included in the Annual EMP Report. The summary shall include essential graphs, tables, and text. Interpretations/Conclusions The Permittee shall present analyses and interpretation of pumpage data, wetland water levels, surficial aquifer water level data, and other data collected pursuant to the EMP submitted in support of this permit as it relates to environmental conditions in the vicinity of the wellfield. This section shall also address investigations and analyses of relationships between water level fluctuations, actual wellfield pumpage, atmospheric conditions, and drainage factors relative to the environmental condition of designated wetlands. DRAFT Wetland Vegetative Assessment This Section shall include annual analysis of changes to percent cover of dominant and subdominant species using the Wetland Assessment Procedure (WAP) field form or other applicable vegetative method that may have occurred to designated representative (test) wetlands (those that potentially may be adversely impacted by groundwater pumping authorized by this permit). Environmental Mitigation The Permittee shall document whether or not adverse environmental impacts due to pumpage were detected during the reporting period. If such impacts were detected, the Permittee shall specify and Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 27

47 Permit No.: 20 0 Page 13 describe when and where mitigation actions were undertaken to mitigate the impacts. A quantitative (with respect to acreage) and qualitative (with respect to wetland health and function) assessment of the success of such mitigation actions shall be included. If an action was deemed unsuccessful by either the Permittee or the District, the Permittee shall include proposed alternative actions for the situation. Monitoring Plan Status This section shall include any proposed changes to the monitoring plan, with appropriate supporting documentation. The Permittee shall submit an application to modify the water use permit within 60 days of District approval of any proposed changes to the monitoring plan. (287) 26. The Permittee shall maintain the monitor wells listed below, monitor water levels, and report them to the District at the frequency listed for the interval, aquifer system, or geologic formation listed. Water levels shall be recorded relative to NGVD and, to the maximum extent possible, shall be recorded on a regular schedule: same time each day, same day each week, same week each month as appropriate to the frequency noted. The maximum daily readings shall be reported online via the WUP Portal at the District website ( or mailed in hardcopy on District-provided forms to the Water Use Permit Bureau, on or before the 10 th day of the following month. The frequency of recording may be modified by the Water Use Permit Bureau Chief, as necessary to ensure the protection of the resource. District ID Nos. 150 and 154, Permittee ID Nos. ECW-SMW and ECW-SMW-54, to monitor the surficial aquifer on a daily basis. District ID No. 152, Permittee ID No. ECW-IAMW-52, -52, to monitor the intermediate aquifer on a daily basis. District ID Nos. 151 and 153, Permittee ID No. ECW-UFMW-51 and ECW-UFMW-53, to monitor the upper Floridan aquifer on a daily basis. (756) 27. Water quality samples from the monitor sites listed below shall be collected and analyzed for the parameter(s) specified at the frequency indicated. For sampling, analysis and submittal requirements see Exhibit B, Water Quality Sampling Instructions, attached to and made part to this permit. District ID Nos. 151, 152 and 153, Permittee ID Nos. ECW-UFMW-51, ECW-IAMW-52 and ECW- UFWM-53,, for chloride, sulfate and TDS, on a quarterly basis (February, May, August and November). (751) DRAFT 28. Water quality samples from the withdrawal points listed below shall be collected after pumping the withdrawal point at its normal rate for a pumping time specified below, or to a constant temperature, ph, and conductivity. The frequency of sampling per water quality parameter is listed in the table according cording to the withdrawal point. The recording and reporting shall begin according to the first sample date for existing wells and shall begin within 90 days of completion of any proposed wells. Samples shall be collected whether or not the well is being used unless infeasible. If sampling is infeasible, the Permittee e shall indicate the reason for not sampling on the water quality data form or in the space for comments in the WUP Portal for data submissions. For sampling, analysis and submittal requirements see Exhibit B, Water Quality Sampling Instructions, attached to and made part of this permit. District ID Nos. 128, 129, 130, 131, 132, 133 and 134, Permittee ID Nos. ECW-1, ECW-2, ECW-3, ECW-4, ECW-5, ECW-6, ECW-7 and ECW-8 for chloride, sulfate and TDS, after a minimum pumping time of 20 minutes, on a monthly basis. (752) 29. The Permittee shall submit an Annual Wellfield Report that is a comprehensive but concise assessment of the water resources of the East County Wellfield area based on the subject areas listed below. This report shall concisely summarize the elements listed below, with emphasis on the interactions between these elements, where appropriate. Data sources shall be referenced, but no Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 28

48 Permit No.: 20 0 Page 14 raw data shall be included in the report. Only essential text, graphs, and tables should be included in the report. Reports shall be submitted to the Water Use Permit Bureau, by August 1 of each year. Any color part of the report that is scanned shall be scanned in color. The report shall cover all activities and conditions pertaining to the East County Wellfield for the preceding calendar year (January 1 to December 31). The specific elements of this report are listed below: Water Use An overview of wellfield operations shall include discussion of quantities withdrawn, withdrawal point rotation within the wellfield, wells used most often and wells used less often and why their routine use was altered, future changes or modifications to the wellfield rotation plan due to the yield from the various wells, etc. Hydrologic and Environmental Conditions A summary of the effects of wellfield operation on environmental ental systems, as reported in the Annual Hydrobiological and Wetland Monitoring Report, shall be provided. A summary of any environmental mitigation that was determined to be necessary due to withdrawals shall also be provided. Water Quality Monitoring Water quality sampling collected as a condition of this permit shall be analyzed and summarized into graphs and statistical analysis for the annual reporting period and related to the historical water quality sampling results as well as to pumpage. The report shall delineate areas of concern with respect to water quality degradation, horizontal or vertical movement in the fresh water/saltwater interface, or other trends which have occurred. Changes in water quality specifically in the production zones shall be discussed. Water Level Monitoring Water levels collected as a condition n of this permit shall be analyzed, summarized into graphs and statistical analysis for the annual reporting period, and related to pumpage as well as to historic water levels. The report should delineate any areas of concern with respect to water levels within the aquifers monitored, changes in sampling locations, number of wells included in the program, etc., or any other information which may be deemed appropriate in order to protect the resource. Data Analysis Statistical al trend analysis, such as double-mass curve analysis, multiple linear regression, time series analysis, and factor analysis shall be performed for the annual reporting period and the period of record to analyze the interactions of rainfall and pumpage on changes in the potentiometric surface within and adjacent to the wellfield, water quality, water levels, wetlands, or stream flow. A brief summary of any recommended changes to the monitoring requirements shall be provided, noting that some changes may necessitate a modification of the permit. Capital Improvement Program Status A summary of completed water supply system improvements shall be provided. In addition, an update to any documented system weaknesses or anticipated system improvements shall be described. Water Treatment Efficiency A description of efforts to improve water treatment efficiency shall be included. This shall include good faith efforts undertaken in its infrastructure planning and implementation efforts. Opportunities during the prior year to replace water treatment-related infrastructure, including items such as change-outs to pressure vessels, piping, racks (skids), and treatment membrane elements shall be discussed. Investigation of Complaints A summary of the investigations of withdrawal-related complaints and mitigation activities related to the impacts shall be provided. This summary shall include: 1. Number and type of complaints, 2. Number and type of mitigation activities, 3. Number and type of complaints which did not require mitigation activity, Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 29

49 Permit No.: 20 0 Page Total cost of all mitigation activity, and 5. Delineation of areas of concern with respect to legal existing use with respect to any water availability or water quality trends identified. Monitoring Plan Status This section shall include any proposed changes to the monitoring plan, with appropriate supporting documentation. The Permittee shall submit an application to modify the water use permit within 60 days of District approval of any proposed changes to the monitoring plan. (524) BUFFALO CREEK WELLFIELD 30. This permit establishes 3,950,000 gpd of new quantities for the proposed Buffalo Creek Wellfield, which is located within the Most Impacted Area (MIA). The facility total of 3,950,000 gpd includes 2,230,000 gpd of new quantities from the upper Floridan aquifer which are established using two mechanisms of the Net Benefit process: permanent retirement of historically used quantities, and Groundwater Replacement Credits (GWRC). The majority of these new Floridan quantities are supported using GWRC by reducing Floridan withdrawals elsewhere within the MIA at sites using reclaimed water provided by the County. The Net Benefit is maintained if the use of reclaimed water at a site is reduced or discontinued, so long as the related Floridan withdrawals at that site do not resume. However, if the standby groundwater quantity at a site receiving reclaimed water is reinstated, the Permittee shall cease or reduce Floridan withdrawals at the Buffalo Creek Wellfield as necessary to maintain a Net Benefit to the resource. The Floridan quantities which h are eligible for withdrawal at the Buffalo Creek Wellfield under the Net Benefit criteria will be reevaluated, and modified as warranted, on an annual basis. (802) 31. The Permittee shall construct the proposed wells according to the surface diameter and casing depth specifications below. The casing shall be continuous from land surface to the minimum depth stated and is specified to prevent the unauthorized interchange of water between different water bearing zones The total depth listed below is an estimate, based on best available information, of the depth at which high producing zones are encountered and which poor water quality should not be encountered. However, since this well is located in an area where water quality can be poor, it is the Permittee's responsibility to have the water in the well sampled during well construction before reaching the maximum total depth stated below. Such sampling is necessary to ensure that the well does not encounter water of a quality that cannot be utilized by the Permittee, and to ensure that withdrawals from the well will l not cause salt-water intrusion. All depths given are in feet below land surface. For Well Construction requirements see Exhibit B, Well Construction Instructions, attached to and made part to this permit. District ict ID Nos. 202, 203, 204 and 205, Permittee ID Nos. BCWUF-2, BCWUF-3, BCWUF-4 and BCWUF-5, having a surface diameter of 16 inches, with a minimum casing depth of 325 feet, drilled to a maximum total depth of 650 feet. District t ID Nos. 211, 212, 213, 214, 215, 216, 217 and 218, Permittee ID Nos. BCWI-1,BCWI-2, BCWI-3, BCWI-4, BCWI-5, BCWI-6, BCWI-7 and BCWI-8, having a surface diameter of 12 inches, with a minimum casing depth of 150 feet, drilled to a maximum total depth of 300 feet. (202) 32. Within 90 days of the completion of each proposed well or the installation of pumping equipment, the Permittee shall submit to the District specific capacity (well testing) information from any test performed by the Water Well Contractor or pump installer on the well. This information shall include: A. Static water level before pumping B. Duration of test pumping C. Gallons per minute pumped D. Final water level measured during pumping Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 30

50 Permit No.: 20 0 Page 16 If a step-drawdown test was performed, the information listed above shall be submitted for each step. (234) 33. The Permittee shall construct the following proposed monitor wells pursuant to the stipulations given below in accordance with Chapter , Water Well Permitting and Construction Requirements. All depths given are relative to feet below land surface. Land surface shall be surveyed relative to NGVD, and a monitor point elevation identified. A copy of the certified survey and well completion report shall be filed with the District within 30 days of well completion. District ID Nos. 253, 256 and 259, Permittee ID Nos. BCW-SMW-2, BCW-SMW-3 and BCW-SMW- 4, with surface casing diameter of 4 inches, to be drilled to an estimated total depth of 20 feet, and cased continuously from the surface to 5 feet below land surface, with slotted casing/screen interval from 5 feet to 20 feet, for monitoring of the surficial aquifer. District ID Nos. 254, 257 and 260, Permittee ID Nos. BCWI-2, BCWI-3 and BCWI-4, with surface casing diameter of 6 inches, to be drilled to an estimated ed total depth of 280 feet, and cased continuously from the surface to 150 feet below land surface, for monitoring oring of the intermediate aquifer. District ID Nos. 255, 258 and 261, Permittee ID Nos. BCWUF-2, BCWUF-3 and BCWUF-4, with surface casing diameter of 6 inches, to be drilled to an estimated total depth of 450 feet, and cased continuously from the surface to 325 feet below land surface, for monitoring of the upper Floridan aquifer. (416) 34. The Permittee shall submit a copy of the well completion reports as filed with the Natural Resources Department, Groundwater Management agement Section of Manatee County to the Water Use Permit Bureau within 30 days of well completion. (508) 35. Within 90 days of completion of construction, the Permittee shall submit to the Water Use Permit Bureau the specific location of District ID Nos. 202, 203, 204, 205, 211, 212, 213, 214, 215, 216, 217, 218, 253, 254, 255, 256, 257, 258, 259, 260, 261, and 270, Permittee ID Nos.BCWUF-2, BCWUF-3, BCWUF-4, BCWUF-5, BCWI-1, BCWI-2, BCWI-3, BCWI-4, BCWI-5, BCWI-6, BCWI-7, BCWI-8, BCW-SMW-2, BCW-IMW-2, BCW-UFMW-2, BCW-SMW-3, BCW-IMW-3, BCW-UFMW-3, BCW- SMW-4, BCW-IMW-4, -4, BCW-UFMW-4 and BCW-RG-1 on an original blue line aerial (the Permittee may use the District GIS maps from the website) with a minimum scale of 1" = 800' or by latitude/longitude. e. If latitude and longitude are provided, the Permittee shall include instrumentation used to determine the data. (537) 36. By January 1, 2016, the Permittee shall install and maintain a continuous recording rain gauge, District ID No. 270, Permittee ID No. BCW-RG-1, in the area around the wastewater treatment plant. Total daily rainfall shall be recorded at this station in inches to one-hundredth of an inch and provided to the District annually as part of the Hydrobiological and Wetlands Monitoring Plan. (255) 37. By January 1, 2016, the Permittee shall install and maintain a District-approved staff gauge and two piezometers (wetland center and edge) in each of the water bodies at the locations specified by latitude and longitude below and report measurements of water levels referenced to NGVD at the frequency indicated. Instructions for installation of the staff gauge, and for recording and reporting the data are given in Exhibit B, Water Level Instructions, attached to and made part of this permit. basis.draft District ID Nos. 271, 272, and 273, Permittee ID Nos. BCW-SG-W1, BCW-CW-W1, and BCW-EW- W1 to measure wetland water levels in Wetland 1 located at Lat /Long , on a monthly basis. District ID Nos. 274, 275, 276, Permittee ID Nos. BCW-SG-W2, BCW-CW-W2 and BCW-EW-W2 to measure wetland water levels in Wetland 2 located at Lat /Long , on a monthly Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 31

51 Permit No.: 20 0 Page 17 District ID Nos. 277, 278 and 279, Permittee ID Nos. BCW-SG-W3, BCW-CW-W3 and BCW-EW- W3 to measure wetland water levels in Wetland 3 located at Lat /Long , on a monthly basis. To the maximum extent possible, water levels shall be recorded on the same week of each month. Wetland water levels will be reported with the Annual Buffalo Creek Wellfield Hydrobiological and Wetland Monitoring Report. The frequency of recording may be modified by the Water Use Permit Bureau Chief, as necessary to ensure the protection of the resource. (761) 38. Beginning in 2017, by April 1 of each year for the preceding calendar ar year (January 1 - December 31), the Permittee shall submit updates to the Environmental Monitoring Plan (EMP) titled Manatee County North County Wellfield Hydrobiological and Wetlands Monitoring Plan, dated April 10, 2012 that was submitted in support of this permit. If the report is submitted in hardcopy, three (3) identical copies (colors replicated) shall be submitted to the Water Use Permit Bureau Chief and one black and white copy shall be submitted to the Water Use Permit Bureau. If the report is submitted in CD format or electronically via the District website, e, only one submission is required. Any color part of the report that is scanned shall be scanned in color. Baseline data (water level monitoring, soils, wetland vegetation) should begin five (5) years prior to commencement of well field production. The baseline and subsequent reports shall include the following sections: Data Summary Section A data summary section for all the monitor sites included in the EMP shall be included in the report. The Data Summary Section shall contain updates to the status of proposed monitor sites, updates to proposed locations and elevations if any, and all raw data required by condition of this permit from each environmental monitor site, District ID Nos. 270, 271, 272, 273, 274, 275, 276, 277, 278 and 279, Permittee ID Nos. BCW- RG-1, BCW-SG-W1, BCW-CW-W1, BCW-EW-W1, BCW-SG-W2, BCW-CW-W2, BCW-EW-W2, W2, BCW-SG-W3, W3, BCW-CW-W3 and BCW-EW-W3. This section shall include essential ential graphs, tables, and text, with little or no data interpretation. Interpretive Section This section shall present the Permittee s analyses and interpretation of pumpage data, wetland water levels, surficial aquifer water level data, and other data collected pursuant to the EMP submitted in support of this permit as it relates to environmental conditions in the vicinity of the wellfield. This section shall also address investigations and analyses of relationships between water level fluctuations, actual wellfield pumpage, atmospheric conditions, and drainage factors relative to the environmental condition of designated wetlands. DRAFT Soils Documentation of soils in the EMP network shall be provided one time at the initiation of monitoring to establish baseline conditions. This documentation shall include field verification of the soil type as reported in the NRCS county soil survey, whether they are hydric or not, degree of soil moisture (desiccation to inundation), and general condition (fissuring, subsidence, etc.). A summary of the soils determination shall be included in the initial annual monitoring report. Wetland Vegetative Assessment This section shall include annual analysis of changes to percent cover of dominant and subdominant species using the Wetland Assessment Procedure (WAP) field form or other applicable vegetative Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 32

52 Permit No.: 20 0 Page 18 method that may have occurred to designated representative (test) wetlands (those that potentially may be adversely impacted by groundwater pumping authorized by this permit). Aerial Photographic Analysis The Permittee shall utilize color infrared or natural color aerial photographs of the wellfield area to detect and document changes to the vegetation and/or the hydrology of wetlands, lakes or streams that occurred during the reporting period relative to aerial photographs from the previous reporting period. Any additional photographs taken in support of the aerial photographic analysis as well as the interpretation of the photographs shall be dated and included in the report. The Permittee may utilize prints of the District s color, infrared, aerial photographs of the pertinent year. These are available in electronic format from the District Mapping and GIS Section upon request and provision of an external hard drive. If submitted electronically, the interpreted aerial photograph shall be scanned in color. If submitted in hardcopy, the interpreted aerial photographs shall be on a scale of 1 inch = 2000 or finer. Outstanding Data Not Previously Submitted If there is or was previously collected hydrologic and environmental data from any site at the wellfield that was not submitted in support of the application ation for this permit, such data shall be included with the first report submitted. Environmental Mitigation The Permittee shall document whether or not adverse environmental impacts due to pumpage were detected during the reporting period. If such impacts were detected, the Permittee shall specify and describe when and where mitigation actions were undertaken to mitigate the impacts. A quantitative (with respect to acreage) and qualitative ative (with respect to wetland health and function) assessment of the success of such mitigation actions shall be included. If an action was deemed unsuccessful by either the Permittee e or the District, the Permittee shall include proposed alternative actions for the situation. Monitoring Plan Status This section shall include any proposed changes to the monitoring plan, with appropriate supporting documentation. The Permittee shall submit an application to modify the water use permit within 60 days of District approval of any proposed changes to the monitoring plan. (287) 39. The Permittee shall maintain the monitor wells listed below, monitor water levels, and report them to the District at the frequency listed for the interval, aquifer system, or geologic formation listed. Water levels shall be recorded relative to NGVD and, to the maximum extent possible, shall be recorded on a regular schedule: same time each day, same day each week, same week each month as appropriate to the frequency noted. The maximum daily readings shall be reported online via the WUP Portal at the District website ( or mailed in hardcopy on District-provided forms to the Water Use Permit Bureau, on or before the 10 th day of the following month. The frequency of recording may be modified by the Water Use Permit Bureau Chief, as necessary to ensure the protection of the resource. DRAFT District ID Nos. 250, 253, 256 and 259, Permittee ID Nos. BCW-SMW-1, BCW-SMW-2, BCW-SMW- 3 and BCW-SMW-4 to monitor the surficial aquifer on a daily basis. District ID Nos. 251, 254, 257 and 260, Permittee ID Nos. BCW-IMW-1, BCW-IMW-2, BCW-IMW-3 and BCW-IMW-4, to monitor the intermediate aquifer on a daily basis. District ID Nos. 252, 255, 258 and 261, Permittee ID Nos. BCW-UFMW-1, BCW-UFMW-2, BCW- UFMW-3 and BCW-UFMW-4, to monitor the upper Floridan aquifer on a daily basis. (756) Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 33

53 Permit No.: 20 0 Page Water quality samples from the monitor sites listed below shall be collected and analyzed for the parameter(s) specified at the frequency indicated. For sampling, analysis and submittal requirements see Exhibit B, Water Quality Sampling Instructions, attached to and made part to this permit. District ID Nos. 251, 252, 254, 255, 257, 258, 260 and 261, Permittee ID Nos. BCW-IMW-1, BCW- UFMW-1, BCW-IMW-2, BCW-UFMW-2, BCW-IMW-3, BCW-UFMW-3, BCW-IMW-4 and BCW- UFMW-4, for chloride, sulfate, and total dissolved solids, on a quarterly basis (February, May, August, November). (750) 41. Water quality samples from the withdrawal points listed below shall be collected after pumping the withdrawal point at its normal rate for a pumping time specified below, or to a constant temperature, ph, and conductivity. The frequency of sampling per water quality parameter is listed in the table according to the withdrawal point. The recording and reporting shall begin according to the first sample date for existing wells and shall begin within 90 days of completion of any proposed wells. Samples shall be collected whether or not the well is being used unless infeasible. If sampling is infeasible, the Permittee shall indicate the reason for not sampling on the water quality data form or in the space for comments in the WUP Portal for data submissions. For sampling, analysis and submittal requirements see Exhibit B, Water Quality Sampling Instructions, s, attached to and made part of this permit. District ID Nos. 201, 202, 203, 204, 205, 211, 1, 212, 213, 214, 215, 216, 217 and 218, Permittee ID Nos. BCWUFW-1, BCWUFA-2, BCWUFW-3, W-3, BCWUFW-4, BCWUFW-5, BCWI-1, BCWI-2, BCWI-3, BCWI-4, BCWI-5, BCWI-6, BCWI-7 and BCWI-8 for chloride, sulfate, and total dissolved solids, after a minimum pumping time of 20 minutes, on a monthly basis. (752) 42. The Permittee shall submit an Annual Wellfield Report that is a comprehensive but concise assessment of the water resources s of the Buffalo Creek Wellfield area based on the subject areas listed below. This report shall concisely summarize the elements listed below, with emphasis on the interactions between these elements, where appropriate. Data sources shall be referenced, but no raw data shall be included in the report. Only essential text, graphs, and tables should be included in the report. Reports shall be submitted to the Water Use Permit Bureau, by August 1 of each year. Any color part of the report that is scanned shall be scanned in color. The report shall cover all activities and conditions pertaining to the North County Wellfield for the preceding calendar year (January 1 to December 31). The specific elements of this report are listed below: Water Use An overview of wellfield operations shall include discussion of quantities withdrawn, withdrawal point rotation within the wellfield, wells used most often and wells used less often and why their routine use was altered, future changes or modifications to the wellfield rotation plan due to the yield from the various wells, etc. DRAFT Hydrologic and Environmental Conditions A summary of the effects of wellfield operation on environmental systems, as reported in the Annual Hydrobiological and Wetland Monitoring Report, shall be provided. A summary of any environmental mitigation that was determined to be necessary due to withdrawals shall also be provided. Water Quality Monitoring Water quality sampling collected as a condition of this permit shall be analyzed and summarized into graphs and statistical analysis for the annual reporting period and related to the historical water quality sampling results as well as to pumpage. The report shall delineate areas of concern with respect to water quality degradation, horizontal or vertical movement in the fresh water/saltwater interface, or other trends which have occurred. Changes in water quality specifically in the production zones shall be discussed. Water Level Monitoring Water levels collected as a condition of this permit shall be analyzed, summarized into graphs and statistical analysis for the annual reporting period, and related to pumpage as well as to historic water Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 34

54 Permit No.: 20 0 Page 20 levels. The report should delineate any areas of concern with respect to water levels within the aquifers monitored, changes in sampling locations, number of wells included in the program, etc., or any other information which may be deemed appropriate in order to protect the resource. Data Analysis Statistical trend analysis, such as double-mass curve analysis, multiple linear regression, time series analysis, and factor analysis shall be performed for the annual reporting period and the period of record to analyze the interactions of rainfall and pumpage on changes in the potentiometric surface within and adjacent to the wellfield, water quality, water levels, wetlands, or stream flow. Capital Improvement Program Status A summary of completed water supply system improvements shall be provided. In addition, an update to any documented system weaknesses or anticipated system improvements shall be described. Water Treatment Efficiency A description of efforts to improve water treatment efficiency iency shall be included. This shall include good faith efforts undertaken in its infrastructure planning and implementation efforts. Opportunities during the prior year to replace water treatment-related infrastructure, including items such as change-outs to pressure vessels, piping, racks (skids), and treatment membrane elements shall be discussed. Investigation of Complaints A summary of the investigations of withdrawal-related related complaints and mitigation activities related to the impacts shall be provided. This summary shall include: 1. Number and type of complaints, 2. Number and type of mitigation activities, 3. Number and type of complaints which did not require mitigation activity, 4. Total cost of all mitigation activity, and 5. Delineation of areas of concern with respect to legal existing use with respect to any water availability or water quality trends identified. Monitoring Plan Status This section shall include any proposed changes to the monitoring plan, with appropriate supporting documentation. tion. The Permittee shall submit an application to modify the water use permit within 60 days of District approval of any proposed changes to the monitoring plan. (524) 43. The Permittee shall investigate alleged loss of reliable access to legal, existing withdrawal of ground water, damage to the ground water wells, or to pumps used to access legal, existing withdrawal of water within 5000 feet of the property boundary, that may have been caused by the Permittee s ground water withdrawals. Instructions for the complaint handling and possible mitigation procedure are given in Exhibit B, Well Complaint Instructions, attached to and made part of this permit. (443) DRAFT 44. The Permittee shall submit an Annual Net Benefit Report in support of the new Floridan quantities established by this permit for the Buffalo Creek Wellfield. The reporting period shall be the previous calendar year (January 1 to December 31). The report shall include the following elements in narrative form, with appropriate tables and figures: A summary of Floridan quantities approved for withdrawal at the Buffalo Creek Wellfield, effective January 1 of the reporting period. A summary of the Net Benefit activities elsewhere within the Most Impacted Area which offset or otherwise mitigated those quantities, effective January 1 reporting period. A detailed description of any modifications to reclaimed water deliveries (i.e., new, reduced, increased, or discontinued) or other mitigation activities during the reporting period. A summary of Floridan quantities proposed for withdrawal at the Buffalo Creek Wellfield, effective December 31 of the reporting period. A summary of the Net Benefit activities elsewhere within the Most Impacted Area which will offset or otherwise mitigate those quantities, effective December 31 of the reporting period. Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 35

55 Permit No.: 20 0 Page 21 An updated groundwater flow model in support of the proposed Floridan quantities shall be prepared if there are any changes in, or redistribution of, offsetting reclaimed water deliveries or other mitigation activities. The most up-to-date version of the District Wide Regional Model shall be used, without modification of default parameters unless approved in advance by District staff. Any such modifications of default parameters will be summarized, and supporting documentation for the changes will be provided. The Permittee shall coordinate any changes in Net Benefit activities with District staff during the reporting period. The report shall be submitted to the Water Use Permit Bureau Chief by April 1 each year. The Permittee shall prepare the report in consultation with District staff. (487) STANDARD CONDITIONS: The Permittee shall comply with the Standard Conditions attached hereto, incorporated herein by reference as Exhibit "A" and made a part hereof. Authorized Signature SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT This permit, issued under the provision of Chapter 373, Florida Statutes and Florida Administrative Code 40D-2, authorizes the Permittee to withdraw the quantities outlined above, and may require various activities to be performed by the Permittee as described ed in the permit, including the Special Conditions. This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the Permittee from complying with any applicable local government, state, or federal law, rule, or ordinance. DRAFT Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 36

56 Permit No.: 20 0 Page 22 40D-2 Exhibit "A" WATER USE PERMIT STANDARD CONDITIONS 1. With advance notice to the Permittee, District staff with proper identification shall have permission to enter, inspect, collect samples, take measurements, observe permitted and related facilities and collect and document any information deemed necessary to determine compliance with the approved plans, specifications and conditions of this permit. The Permittee shall either accompany District staff onto the property or make provision for access onto the property. 2. When necessary to analyze impacts to the water resource or existing users, the District shall require the Permittee to install flow metering or other measuring devices to record withdrawal quantities and submit the data to the District. 3. A District identification tag shall be prominently displayed at each withdrawal point that is required by the District to be metered or for which withdrawal quantities are required to be reported to the District, by permanently affixing the tag to the withdrawal facility. 4. The Permittee shall mitigate any adverse impact to environmental features or offsite land uses as a result of withdrawals. When adverse impacts occur or are imminent, the District shall require the Permittee to mitigate the impacts. Examples of adverse impacts include the following: A. Significant reduction in levels or flows in water bodies such as lakes, impoundments, wetlands, springs, streams or other watercourses; or B. Damage to crops and other vegetation causing financial harm to the owner; and C. Damage to the habitat of endangered ered or threatened species. 5. The Permittee shall mitigate any adverse impact to existing legal uses caused by withdrawals. When adverse impacts occur or are imminent, the District may require the Permittee to mitigate the impacts. Adverse impacts include: A. A reduction in water levels which impairs the ability of a well to produce water; B. Significant reduction in levels or flows in water bodies such as lakes, impoundments, wetlands, springs, streams or other watercourses; or C. Significant inducement of natural or manmade contaminants into a water supply or into a usable portion of an aquifer or water body. 6. Permittee shall notify the District in writing within 30 days of any sale, transfer, or conveyance of ownership or any other loss of permitted legal control of the Project and I or related facilities from which the permitted consumptive use is made. Where Permittee's control of the land subject to the permit was demonstrated through a lease, the Permittee must either submit documentation showing that iicontinues to have legal control or transfer control of the permitted system I project to the new landowner or new lessee. All transfers of ownership are subject to the requirements of Rule 40D , F.A.C. Alternatively, the Permittee may surrender the consumptive use permit to the District, t, thereby relinquishing the right to conduct any activities under the permit. DRAFT 7. All withdrawals authorized by this WUP shall be implemented as conditioned by this permit, including any documents submitted as part of the permit application incorporated by reference in a permit condition. This permit is subject to review and modification, enforcement action, or revocation, in whole or in part, pursuant to Section or , F.S. 8. This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the Permittee from complying with any applicable local government, state, or federal law, rule, or ordinance. 9. The Permittee shall cease or reduce surface water withdrawal as directed by the District if water levels in lakes Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 37

57 Permit No.: 20 0 Page 23 fall below the applicable minimum water level established in Chapter 40D-8, F.A.C., or rates of flow in streams fall below the minimum levels established in Chapter 40D-8, F.A.C. 10. The Permittee shall cease or reduce withdrawal as directed by the District if water levels in aquifers fall below the minimum levels established by the Governing Board. 11. A Permittee may seek modification of any term of an unexpired permit. The Permittee is advised that section , F.S., and Rule 40D-2.331, F.A.C., are applicable to permit modifications. 12. The Permittee shall practice water conservation to increase the efficiency of transport, application, and use, as well as to decrease waste and to minimize runoff from the property. At such time as the Governing Board adopts specific conservation requirements for the Permittee's water use classification, this permit shall be subject to those requirements upon notice and after a reasonable period for compliance. 13. The District may establish special regulations for Water-Use Caution Areas. At such time as the Governing Board adopts such provisions, this permit shall be subject to them upon notice and after a reasonable period for compliance. 14. Nothing in this permit should be construed to limit the authority of the District to declare a water shortage and issue orders pursuant to chapter 373, F.S. In the event of a declared water shortage, the Permittee must adhere to the water shortage restrictions, as specified by the District. The Permittee is advised that during a water shortage, reports shall be submitted as required by District rule or order. 15. This permit is issued based on information ion provided by the Permittee demonstrating that the use of water is reasonable and beneficial, consistent with the public interest, and will not interfere with any existing legal use of water. If, during the term of the permit, iiis determined by the District that a statement in the application and in the supporting data are found to be untrue and inaccurate, the use is not reasonable and beneficial, in the public interest, or does impact an existing legal use of water, the Governing Board shall modify this permit or shall revoke this permit following notice and hearing, pursuant to sections or , F.S. The Permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 16. Within the Southern Water Use Caution Area, if the District determines that significant water quantity or quality changes, impacts to existing legal uses, or adverse environmental impacts are occurring, the District, upon reasonable notice to the Permittee, including a statement of facts upon which the District based its determination, may reconsider the quantities permitted or other conditions of the permit as appropriate to address the change or impact, but only after an opportunity for the Permittee to resolve or mitigate the change or impact or to request a hearing. DRAFT 17. All permits are contingent upon continued ownership or legal control of all property on which pumps, wells, diversions or other water withdrawal facilities are located. Attachment: May16 WUP Recap Permit (2458 : WUP No ) Packet Pg. 38

58 Item b REGULATION COMMITTEE May 24, 2016 Consent Agenda WUP No Cemex, Inc. / CEMEX Brooksville Cement North (Hernando County) This is a renewal with modification of an existing water use permit for Industrial/Commercial use. The water in this facility is used for cooling water for cement manufacturing equipment and air conditioning units. The authorized Annual Average quantities are increased from 170,700 gpd to 2,716,000 gpd, and the authorized Peak Month quantities are increased from 216,400 gpd to 4,140,000 gpd. There are no changes in Use Type from the previous permit. Quantities are based on information submitted by the applicant and on actual reported pumpage data submitted to the District. The increases in Annual Average and Peak Month quantities are due to a more accurate representation of consumptive use and increased production rates. The Permittee currently re-circulates a portion of the groundwater pumped through the facility. This permit is located in Hernando County. Special Conditions include those that require the Permittee to continue to record and report monthly meter readings for DID Nos. 1 and 2; submit a caliper/geophysical/video log of DID No. 2 if the pump assembly is ever removed; conduct and submit meter accuracy tests every five (5) years (next due date: November 2019); submit an overpumpage report upon District request; and, implement water conservation and best management practices. The permit application meets all Rule 40D-2 Conditions for Issuance. Staff Recommendation: Approve the proposed permit attached as an exhibit. Presenter: Darrin Herbst, P.G., Bureau Chief, Water Use Permit Bureau Packet Pg. 39

59 DRAFT D RAF Attachment: May16 WUP Recap Permit (2459 : WUP No ) Packet Pg. 40

60 FT DRAFT AFT Attachment: May16 WUP Recap Permit (2459 : WUP No ) Packet Pg. 41

61 RAFT Attachment: May16 WUP Recap Permit (2459 : WUP No ) Packet Pg. 42

62 DRAFT Attachment: May16 WUP Recap Permit (2459 : WUP No ) Packet Pg. 43

63 DRAFT Attachment: May16 WUP Recap Permit (2459 : WUP No ) Packet Pg. 44

64 DRAFT Packet Pg. 45 Attachment: May16 WUP Recap Permit (2459 : WUP No )

65 DRAFT Attachment: May16 WUP Recap Permit (2459 : WUP No ) Packet Pg. 46

66 Packet Pg. 47 DRAFT Attachment: May16 WUP Recap Permit (2459 : WUP No )

67 DRAFT Attachment: May16 WUP Recap Permit (2459 : WUP No ) Packet Pg. 48

68 AF Attachment: May16 WUP Recap Permit (2459 : WUP No ) Packet Pg. 49

69 Item 13 REGULATION COMMITTEE May 24, 2016 Consent Agenda Approve Well Construction Permitting Delegation Agreements with Sarasota, Manatee and Marion Counties, and Initiate and Approve Rulemaking to Incorporate the Agreements by Reference in Rule 40D-1.002, Florida Administrative Code (F.A.C.) The District has long-standing relationships with Sarasota, Manatee and Marion Counties concerning the regulation of water well construction in those counties. The authority to administer the District s well construction regulatory program has been delegated to Sarasota and Manatee Counties since 1978 and to Marion County since In Sarasota County, the program is administered by the Florida Department of Health in Sarasota County. In Manatee County, the program is administered by its Parks and Natural Resources Department. In Marion County, the program is administered by the Florida Department of Health. Current delegation agreements with Sarasota and Manatee Counties expire June 1, 2016, and the delegation agreement with Marion County expires October 1, The Counties and District staff seek to continue the delegation of water well construction regulation in each County for another five years. Marion County s delegation agreement is being renewed five months prior to its expiration date so that the delegation agreement can be on the same timeframe as Sarasota and Manatee County s delegation agreements. Staff has prepared for Governing Board consideration and approval standardized District well construction permitting delegation agreements with each County, copies of which are attached as exhibits to this agenda item. The delegation agreements are adopted by reference in Rule 40D-1.002, F.A.C., and that rule provision must be updated to reference the latest agreements. As a result, District staff is also requesting approval to initiate rulemaking to effectuate the rule amendment. A copy of the proposed amendments to Rule 40D-1.002, to incorporate the agreements by reference, is also included for consideration and approval as an exhibit to this agenda item. No Statement of Estimated Regulatory Costs was required to be prepared for this rule amendment. The agreements with these Counties will continue all of the regulatory provisions contained in the current delegation agreements, with minor updates. The District will continue to be responsible for issuing and renewing water well contractor licenses. Each County s well construction-related fees are also made part of its respective agreement. Upon Governing Board approval of the proposed delegation agreements with Sarasota County, Manatee County and Marion County, authorization to initiate rulemaking to amend Rule 40D , F.A.C., and the proposed rule amendment language, District staff will proceed with rulemaking to adopt and incorporate the agreements by reference into Rule 40D-1.002, F.A.C., without further Governing Board action. If substantive public comments are received or changes proposed, District staff will bring this matter back to the Governing Board for further consideration. Staff Recommendation: Approve the Well Construction Permitting Agreement between SWFWMD and Sarasota County, the Well Construction Permitting Agreement between SWFWMD and Manatee County, and the Well Construction Permitting Agreement between SWFWMD and the Florida Department of Health in Marion County; and approve the initiation of rulemaking and the proposed rule Packet Pg. 50

70 Item 13 language to amend Rule 40D-1.002, F.A.C., to incorporate the Permitting Agreements by reference. Please see exhibits. Presenter: David N. Arnold, P.G., Well Construction Manager, Water Use Permit Bureau and Adrienne E. Vining, Senior Attorney, Office of General Counsel Packet Pg. 51

71 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 Attachment: May 2016 GB Recap Delegation Agreement - Exhibit A (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 52

72 Exhibit A Proposed Amendments to Rule 40D-1.002, Florida Administrative Code, to Incorporate Agreements by Reference 40D Delegation of Authority. (1) and (2) No change. (3) The Governing Board hereby incorporates by reference the following documents, copies of which may be obtained from the District s website at or from the Southwest Florida Water Management District, Document Services Section, 2379 Broad Street, Brooksville, Florida : (a) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Manatee County, effective June 1, (b) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Sarasota County effective June 1, (c) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Florida Department of HealthMarion County Health Department, effective June 1, 2016 October 1, 2009, and amendment, effective October 1, Gateway/reference.asp?No=Ref Rulemaking Authority , , , , , , FS. Law Implemented , , , , , , , , , , , , , FS. History New , Amended , , , , , , , , , , , , , , , ,. Attachment: May 2016 GB Recap Delegation Agreement - Exhibit A (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 53

73 WELL CONSTRUCTION PERMITTING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND SARASOTA COUNTY, FLORIDA THIS AGREEMENT is made by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, hereinafter referred to as the "DISTRICT," and SARASOTA COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY," effective June 1, INTRODUCTION AND INTENT WHEREAS, the DISTRICT has the authority and responsibility, within its jurisdiction, for the administration and enforcement of rules and regulations governing water wells and water well contractors as set forth in Part Ill, Chapter 373, Florida Statutes (F.S.), and applicable portions of Chapters 40D-3, , , , and , Florida Administrative Code (F.A.C.); and WHEREAS, the COUNTY has the authority and responsibility, within its jurisdiction, to protect public health and prevent disease caused by natural and manmade factors in the environment, as set forth in Chapter 381, F.S.; and WHEREAS, the COUNTY is within the jurisdiction of the DISTRICT, as described in Section , F.S., and is therefore subject to the rules, regulations, authority and orders of the DISTRICT, pursuant to Part Ill, Chapter 373, F.S.; and WHEREAS, pursuant to Sections and , F.S., the District is authorized to delegate to the COUNTY by interagency agreement the authority to regulate the permitting and construction of water wells within the COUNTY and WHEREAS, the DISTRICT and the COUNTY have entered into agreements, effective since April 5, 1978, which have delegated to the COUNTY the authority to administer and enforce rules and regulations governing water wells and water well contractors as set forth in Part Ill, Chapter 373, F.S., and applicable portions of Chapters 40D-3, , , , and , F.A.C.; WHEREAS, the parties desire to continue the regulation of water wells and water well contractors in Sarasota County through delegation to the COUNTY of the DISTRICT'S implementation of Part Ill of Chapter 373, F.S., and applicable portions of Chapters 40D-3, , , , and , F.A.C., in a manner that ensures regulatory consistency throughout Sarasota County and protects public health, safety and welfare; Page 1 of 9 Attachment: Sarasota_Co_Delegation_Agreement - Exhibit B - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 54

74 WHEREAS, the COUNTY has and desires to continue to designate the Florida Department of Health in Sarasota County (FDOH-S) as the department within the county to perform the functions delegated to the COUNTY under this Agreement; THEREFORE, based upon the mutual consideration contained in this Agreement, the parties hereby agree as follows: 1. This Agreement shall take effect on June 1, The COUNTY will continue to review and evaluate well construction permit applications and issue or deny permits for the construction, repair, modification or abandonment of water wells in Sarasota County, with the following exceptions: a. permits issued in accordance with Chapter , F.A.C.; and, b. permits for wells located within any areas subject to the Memorandum of Agreement Between the U.S. Environmental Protection Agency, Region IV, Superfund Division and the DISTRICT. 2. The COUNTY will review and evaluate applications and issue or deny permits for the construction, operation, maintenance or abandonment of water wells for Class V, Group 1 injection wells, which include wells associated with thermal energy exchange, specifically air conditioning return flow wells and cooling water return flow wells. Class V, Group 1 wells serving multifamily residential units or business establishments, require prior permission from the Department of Environmental Protection (DEP), and DEP Form (4) must be completed and attached to the permit application. Class V, Group 1 injection wells serving single family air conditioning return flow well systems do not need prior DEP permission; however, DEP Form (9) needs to be attached to the permit. 3. The COUNTY will review and evaluate permit applications as described in paragraphs 1 and 2 herein based solely upon the applicable provisions of Chapter 373, F.S., and applicable portions of Chapters 40D-3, , and , F.A.C. This provision will not be interpreted as preventing the COUNTY from mandating connections to public water supply, or limiting well construction in Areas of Special Concern (e.g., areas of groundwater contamination), upon DISTRICT concurrence. 4. The DISTRICT will review and evaluate applications and issue or deny permits for wells constructed, repaired, modified or abandoned in accordance with the provisions of Chapter , F.A.C., and for any wells located within any areas subject to the Memorandum of Agreement Between the U.S. Environmental Protection Agency, Region IV, Superfund Division and the DISTRICT. The DISTRICT will provide the COUNTY with a copy of permits issued by the DISTRICT for informational purposes, if requested. Page 2 of 9 Attachment: Sarasota_Co_Delegation_Agreement - Exhibit B - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 55

75 5. The COUNTY will administer water well contractor and water well construction regulation and require all wells be constructed, repaired, modified or abandoned in accordance with the requirements of Part III, Chapter 373, F.S., and applicable portions of Chapters 40D-3, , , and , F.A.C. 6. The COUNTY will use the forms adopted by rule by the DISTRICT, which includes the most recent versions of the State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well, Well Completion Report, Well Grouting/Abandonment Form, Well Construction Inspection Checklist, and Public Supply Well Information and Classification Form. The COUNTY will use any revised or additional well constructionrelated forms that hereafter may be adopted by the DISTRICT. 7. The COUNTY will continue to participate in the on-line permitting program implemented through the DISTRICT s Water Management Information System (WMIS). The COUNTY will use the DISTRICT s fee payment vendor unless otherwise approved by the DISTRICT. In the event the COUNTY desires to cease participating in WMIS online permitting, the COUNTY will provide the DISTRICT with ninety (90) days prior written notice, after which this Agreement will terminate. 8. Prior to issuing well construction permits, the COUNTY will determine whether water well contractors possess a valid State of Florida water well contractor license and are in compliance with the requirements of Chapter , F.A.C., and that all conditions for permit issuance set forth in Section 40D-3.301, F.A.C., are met. The DISTRICT will provide the COUNTY with access to an appropriate computer database containing contractor licensing information. 9. The COUNTY will require permit applicants to submit the permit application form described in Paragraph 6 herein, or use the on-line WMIS permitting application process. For applications submitted on the permit application form, the COUNTY will enter the data into WMIS on a daily basis and scan the application and any related permit documents into WMIS on a daily basis. All document scanning required pursuant to this Agreement will be in accordance with Paragraph 16 of this agreement and will comply with the document standards established by the DISTRICT. 10. The COUNTY will require the submittal of Well Completion Reports as described in Paragraph 6 herein no later than thirty (30) days of completion of well construction. For Well Completion Reports submitted on paper, the COUNTY will enter the data on a daily basis and scan the document into WMIS on a daily basis. 11. The COUNTY will witness the grouting operations on all wells that are abandoned in accordance with Section 40D-3.531, F.A.C. The COUNTY may grant a variance to this requirement if the conditions of subsection 40D-3.531(4), F.A.C., have been satisfied. The COUNTY will fully complete for each such well a Well Grouting/Abandonment Form (see Paragraph 6 herein). The COUNTY will scan the completed forms into WMIS on a daily basis and submit the originals of these reports to the DISTRICT on a monthly basis. Page 3 of 9 Attachment: Sarasota_Co_Delegation_Agreement - Exhibit B - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 56

76 12. In accordance with Chapters 40D-3, , and 64E-8, F.A.C., the COUNTY will issue permits, conduct well site inspections and witness the grouting operations for public supply wells. The COUNTY may grant a variance to this witnessing requirement if the conditions specified in subsection 40D-3.461(6), F.A.C., are met. The COUNTY will fully complete for each such well a Well Grouting/Abandonment Form (see Paragraph 6 herein). The COUNTY will scan the forms into WMIS on a daily basis and submit originals of these reports to the DISTRICT on a monthly basis. 13. The COUNTY will conduct random well construction inspections for a minimum of twenty percent (20%) of all permitted wells, calculated on an annual average basis (running 12 month average). The inspectors will utilize the Well Construction Inspection Checklist referenced in Paragraph 6 herein, and will complete the form for each inspection. The COUNTY will scan the form into WMIS on a daily basis and submit the original forms to the District on a monthly basis. The COUNTY must address any deficiencies noted during the inspections. 14. The COUNTY will implement and maintain an effective compliance program, in cooperation with the DISTRICT, to ensure compliance with applicable portions of Chapters 40D-3, , , and , F.A.C. The compliance program will include but is not limited to investigation of all unpermitted and unlicensed activities, and monitoring of compliance with well construction standards and permit conditions. As part of the compliance program: a. The COUNTY will carry out an inspection program, as described in more detail in Paragraphs 11, 12 and 13 herein; b. The COUNTY will report all unlicensed activities to the DISTRICT and will take appropriate enforcement action against the unlicensed individual; c. The COUNTY will take enforcement action against licensed water well contractors as set forth in Chapter , F.A.C, and implemented by the Water Well Construction Disciplinary Guidelines and Citations Dictionary, July 2014 (or later version adopted by the District). Where appropriate, as described in the guidance documents, the COUNTY will comply with the due process requirements of Chapter 120, F.S.; d. The COUNTY will report enforcement actions to the DISTRICT on a monthly basis. The DISTRICT will report the appropriate information to the Statewide Clearinghouse; e. The DISTRICT may conduct audits of the COUNTY'S compliance and enforcement programs, as the DISTRICT deems appropriate. The DISTRICT may direct the COUNTY to take specified enforcement actions if the DISTRICT finds the COUNTY has failed to do so where appropriate; and, f. The DISTRICT will, upon request, provide technical support and assist with the resolution of significant technical and policy disputes that cannot otherwise be resolved despite good faith efforts by COUNTY and the contractor. Nothing in this Agreement will limit the independent enforcement authority of either party. Page 4 of 9 Attachment: Sarasota_Co_Delegation_Agreement - Exhibit B - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 57

77 15. The COUNTY will maintain a sufficient staff level to efficiently administer the delegated program. Staff levels will consist of, at a minimum, the following type of positions: a. Supervisor at least one person possessing the requisite level of knowledge and experience of well construction to direct the program and be responsible for the submittal of the required reports to the DISTRICT; b. Technicians a sufficient number of persons responsible for field inspections and witnessing of grouting and abandonment of wells, issuance of permits, well contractor compliance, well contractors' license investigation and coordination with the DISTRICT on related water use permit conditions; and, c. Clerical - at least one person responsible for coordinating the submittal of documents and reports to the District, document scanning and records management. 16. The COUNTY will implement records management procedures that comply with the applicable provisions of Chapters 119, 257, 286, F.S., and the standards and requirements for records management set forth in Chapters 1B-24 and 1B-26, F.A.C. The COUNTY will produce documents in ISO-compliant format into WMIS on a daily basis and submit to the DISTRICT on a monthly basis the originals of the following documents and all paper forms submitted by applicants and permittees: a. Well Completion Reports; b. Well Construction, Repair, Modification or Abandonment Permit applications, permits issued and any permit applications that are denied; c. Well Grouting/Abandonment forms; d. Public Supply Well Information and Classification forms; e. Well Construction Inspection Checklist forms; and, f. Documents Relevant to the Review of Well Construction Permit Applications. 17. Nothing in this Agreement will be construed to limit or delegate the DISTRICT's exclusive authority to review, evaluate and issue Water Use Permits pursuant to Chapter 373, F.S., and applicable rules. If the withdrawal from the proposed or affected well will require a Water Use Permit, the COUNTY will withhold issuance of any Well Construction, Repair, Modification or Abandonment Permit until after the Water Use Permit has been issued by the DISTRICT, or until the DISTRICT has otherwise concurred in the issuance of the Well Construction Permit in writing. 18. The DISTRICT will maintain responsibility to administer examinations and issue licenses for water well contractors pursuant to Chapter 373, F.S., and applicable rules. 19. The COUNTY will have the authority to charge and retain well construction permit fees, in accordance with Sections and , F.S, and at a minimum in accordance with Rule 40D-1.607, F.A.C. It is the intention of the parties that the Page 5 of 9 Attachment: Sarasota_Co_Delegation_Agreement - Exhibit B - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 58

78 COUNTY will operate the program in an efficient and cost effective manner. In the event any fees proposed to be assessed by the COUNTY will exceed the fees currently charged by the COUNTY as set forth in Appendix 1: Fee Schedule, attached hereto and incorporated herein, the COUNTY must obtain the DISTRICT s concurrence of such fee increase. At the written request of the DISTRICT, the COUNTY will prepare and provide to the District a program financial audit justifying the proposed fee or increase. Any new or increased fee must be adopted by the Sarasota County Board of County Commissioners. 20. The COUNTY will permit the DISTRICT, upon request, to examine all project records relating to the subject matter of this Agreement, including the right to audit such related books, documents and papers during the Agreement period or following termination of this Agreement. The COUNTY will maintain public records associated with this Agreement for at least three years from their receipt or creation. This period will continue after the termination of this Agreement. The COUNTY recognizes and agrees that it is subject to the Public Records provisions of Chapter 119, F.S., and that all public records, as defined by Chapter 119, F.S., made or received by the COUNTY in conjunction with this Agreement are subject to said provisions. 21. The COUNTY will submit to the DISTRICT an Annual Report summarizing activities occurring in conjunction with this Agreement, to include the following at a minimum: a. a comparison of well construction permits issued versus well completion reports received during the previous year; b. a comparison of well permits issued for abandonment versus abandonment inspection reports received during the previous year; c. a comparison of well permits issued for public supply wells versus well grouting inspection reports for public supply wells received during the previous year; d. the number of random inspections conducted during the previous year; and, e. reports of any enforcement proceedings, including the status of any ongoing enforcement cases and copies of all Warning Letters, Notices of Violation, Consent Orders and Final Orders relating thereto. This report will be submitted to the DISTRICT by March 15 of each year. 22. The timing and content of the reports required under this Agreement may be revised upon the mutual agreement of the project managers for each party. Page 6 of 9 Attachment: Sarasota_Co_Delegation_Agreement - Exhibit B - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 59

79 23. DISTRICT staff and COUNTY staff will meet at least semi-annually, and more frequently if deemed appropriate by the parties, to review water well activities and clarify procedures. 24. The DISTRICT will provide the COUNTY with appropriate training on water well regulation, and will provide technical assistance as necessary to enable proper review of permit applications or to resolve compliance problems with existing wells. The DISTRICT will provide COUNTY with appropriate training on WMIS, scanning and document management procedures as needed. 25. The DISTRICT will provide the COUNTY with information concerning proposed changes to relevant rules, and current technical and administrative procedures. 26. The COUNTY will designate the FDOH-S as the department to perform the functions delegated to the COUNTY pursuant to this Agreement. The COUNTY may not further delegate its authority under this Agreement. 27. Unless terminated by either the DISTRICT or the COUNTY upon ninety (90) days prior written notice, this Agreement will continue in effect until May 31, 2021, and may be extended upon terms mutually acceptable to both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year as indicated below. Approved as to Legal Form and Content Attorney Filed this of, Deputy Agency Clerk Page 7 of 9 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: Michael A. Babb, Chair Attest: Jeffrey M. Adams, Secretary (Seal) Attachment: Sarasota_Co_Delegation_Agreement - Exhibit B - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 60

80 ATTEST: KAREN E. RUSHING, Clerk of the Circuit Court and Ex-Officio Clerk Of Sarasota County, Florida By: Deputy Clerk Approved as to form and correctness: County Attorney BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY Alan Maio, Chairman Date: Page 8 of 9 Attachment: Sarasota_Co_Delegation_Agreement - Exhibit B - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 61

81 Appendix 1: Fee Schedule* Effective Permit Fees Augmentation Well $ Public Supply Well (WUP Required) $ Public Supply $ Commercial Irrigation Well (WUP $ Commercial Irrigation Well $ Other Irrigation Well (excluding $ Private Well (New) $ Redrill $ Repair $ Sandpoint Well (up to 3 $ Elevator Shaft $ Monitor Wells (per well) $75.00 Plugging (6" diameter or greater) $ Plugging (less than 6") $50.00 Heat Exchange (Geothermal) Well (commercial) $ Heat Exchange (Geothermal) Well (residential) $ Air Sparging Well (up to 8 $75.00 Demolition Permit Processing $75.00 Setback Variance Permit Processing $75.00 Late fee for Limited Use Public Water System Permit renewal after October $ Change of permitted well use $75.00 Water Sample I Analysis Fees Sample Collection Fee $40.00 Bacteriolgical (Bact) $20.00 Partial Chemical Testing $50.00 Single Chemical Analysis $10.00 Monthly Public Bact (includes collection $60.00 Public Supply Well Clearance (20 samples) $ Public Supply Well Retest (per sample) $20.00 Late fee for Public Water Systems monthly, quarterly annual d th chemical and bacteriological analysis results after the 15 of the following month they are due... $ *Appendix 1 from Sarasota County Health Department, Well Drilling Policy and Procedures Manual, October 14, Page 9 of 9 Attachment: Sarasota_Co_Delegation_Agreement - Exhibit B - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 62

82 WELL CONSTRUCTION PERMITTING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND MANATEE COUNTY THIS AGREEMENT is made by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, hereinafter referred to as the "DISTRICT," and MANATEE COUNTY, hereinafter referred to as "MANATEE," effective June 1, INTRODUCTION AND INTENT WHEREAS, the DISTRICT has the authority and responsibility, within its jurisdiction, for the administration and enforcement of rules and regulations governing water wells and water well contractors as set forth in Part Ill, Chapter 373, Florida Statutes (F.S.), and applicable portions of Chapters 40D-3, , , , and , Florida Administrative Code (F.A.C.); and WHEREAS, MANATEE has the authority and responsibility, within the boundaries of Manatee County, Florida to protect public health and prevent disease caused by natural and manmade factors in the environment, as set forth in Chapter 381, F.S.; and WHEREAS, Manatee County is within the jurisdiction of the DISTRICT, as described in Section , F.S., and is therefore subject to the rules, regulations, authority and orders of the DISTRICT, pursuant to Part 111, Chapter 373, F.S.; and WHEREAS, pursuant to Sections and , F.S., the District is authorized to delegate to MANATEE by interagency agreement the authority to regulate the permitting and construction of water wells within Manatee County; and WHEREAS, the DISTRICT and MANATEE have entered into agreements, effective since April 5, 1978, which have delegated to MANATEE the authority to administer and enforce rules and regulations governing water wells and water well contractors as set forth in Part Ill, Chapter 373, F.S., and applicable portions of Chapters 40D-3, , , , and , F.A.C.; and, WHEREAS, the parties desire to continue the regulation of water wells and water well contractors in Manatee County through delegation to MANATEE of the DISTRICT's implementation of Part Ill of Chapter 373, F.S., and applicable portions of Chapters 40D-3, , , , and , F.A.C., in a manner that ensures regulatory consistency throughout Manatee County and protects public health, safety and welfare. THEREFORE, based upon the mutual consideration contained in this Agreement, the parties hereby agree as follows: Page 1 of 9 Attachment: Manatee_Co_Delegation_Agreement - Exhibit C - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 63

83 1. This Agreement shall take effect on June 1, MANATEE will continue to review and evaluate well construction permit applications and issue or deny permits for the construction, repair, modification or abandonment of water wells in Manatee County, with the following exceptions: a. permits issued in accordance with Chapter , F.A.C.; and, b. permits for wells located within any areas subject to the Memorandum of Agreement Between the U.S. Environmental Protection Agency, Region IV, Superfund Division and the DISTRICT. 2. MANATEE will review and evaluate applications and issue or deny permits for the construction, operation, maintenance or abandonment of water wells for Class V, Group 1 injection wells, which include wells associated with thermal energy exchange, specifically air conditioning return flow wells and cooling water return flow wells. Class V, Group 1 wells serving multifamily residential units or business establishments, require prior permission from the Department of Environmental Protection (DEP), and DEP Form (4) must be completed and attached to the permit application. Class V, Group 1 injection wells serving single-family air conditioning return flow well systems do not need prior DEP permission; however, DEP Form (9) needs to be attached to the permit. 3. MANATEE will review and evaluate permit applications as described in paragraphs 1 and 2 herein based solely upon the applicable provisions of Chapter 373, F.S., and applicable portions of Chapters 40D-3, , , and , F.A.C. This provision will not be interpreted as preventing MANATEE from mandating connections to public water supply, or limiting well construction in Areas of Special Concern (e.g., areas of groundwater contamination), upon DISTRICT concurrence. 4. The DISTRICT will review and evaluate applications and issue or deny permits for wells constructed, repaired, modified or abandoned in accordance with the provisions of Chapter , F.A.C., and for any wells located within any areas subject to the Memorandum of Agreement Between the U.S. Environmental Protection Agency, Region IV, Superfund Division and the DISTRICT. The DISTRICT will provide MANATEE with a copy of permits issued by the DISTRICT for informational purposes, if requested. 5. MANATEE will administer water well contractor and water well construction regulation and require all wells be constructed, repaired, modified or abandoned in accordance with the requirements of Part III, Chapter 373, F.S., and applicable portions of Chapters 40D-3, , , and , F.A.C. 6. MANATEE will use the forms adopted by rule by the DISTRICT, which includes the most recent versions of the State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well, Well Completion Report, Well Grouting/Abandonment Form, Well Construction Inspection Checklist, and Public Supply Well Information and Classification Form. MANATEE will use any revised or additional well construction-related forms that hereafter may be adopted by the DISTRICT. Page 2 of 9 Attachment: Manatee_Co_Delegation_Agreement - Exhibit C - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 64

84 7. MANATEE will continue to participate in the on-line permitting program implemented through the DISTRICT's Water Management Information System (WMIS). MANATEE will use the DISTRICT's fee payment vendor unless otherwise approved by the DISTRICT. In the event MANATEE desires to cease participating in WMIS on-line permitting, MANATEE will provide the DISTRICT with ninety (90) days prior written notice, after which this Agreement will terminate. 8. Prior to issuing well construction permits, MANATEE will determine whether water well contractors possess a valid State of Florida water well contractor license and are in compliance with the requirements of Chapter , F.A.C., and that all conditions for permit issuance set forth in Section 40D-3.301, F.A.C., are met. The DISTRICT will provide MANATEE with access to an appropriate computer database containing contractor licensing information. 9. MANATEE will require permit applicants to submit the permit application form described in Paragraph 6 herein, or use the on-line WMIS permitting application process. For applications submitted on the permit application form, MANATEE will enter the data into WMIS on a daily basis and scan the application and any related permit documents into WMIS on a daily basis. All document scanning required pursuant to this Agreement will be in accordance with Paragraph 16 of this Agreement and will comply with the document standards established by the DISTRICT. 10. MANATEE will require the submittal of Well Completion Reports as described in Paragraph 6 herein no later than thirty (30) days of completion of well construction. For Well Completion Reports submitted on paper, MANATEE will enter the data on a daily basis and scan the document into WMIS on a daily basis. 11. MANATEE will witness the grouting operations on all wells that are abandoned in accordance with Section 40D-3.531, F.A.C. MANATEE may grant a variance to this requirement if the conditions of subsection 40D (4), F.A.C., have been satisfied. MANATEE will fully complete for each such well a Well Grouting/Abandonment Form (see Paragraph 6 herein). MANATEE will scan the completed forms into WMIS on a daily basis and submit the originals of these reports to the DISTRICT on a monthly basis. 12. In accordance with Chapters 40D-3, , and 64E-8, F.A.C., MANATEE will issue permits, conduct well site inspections and witness the grouting operations for public supply wells. MANATEE may grant a variance to this witnessing requirement if the conditions specified in subsection 40D (6), F.A.C., are met. MANATEE will fully complete for each such well a Well Grouting/Abandonment Form (see Paragraph 6 herein). MANATEE will scan the forms into WMIS on a daily basis and submit originals of these reports to the DISTRICT on a monthly basis. 13. MANATEE will conduct random well construction inspections for a minimum of twenty percent (20%) of all permitted wells, calculated on an annual average basis (running 12 month average). The inspectors will utilize the Well Page 3 of 9 Attachment: Manatee_Co_Delegation_Agreement - Exhibit C - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 65

85 Construction Inspection Checklist referenced in Paragraph 6 herein, and will complete the form for each inspection. MANATEE will scan the form into WMIS on a daily basis and submit the original forms to the District on a monthly basis. MANATEE must address any deficiencies noted during the inspections. 14. MANATEE will implement and maintain an effective compliance program, in cooperation with the DISTRICT, to ensure compliance with applicable portions of Chapters 40D-3, , , and , F.A.C. The compliance program will include but is not limited to investigation of all unpermitted and unlicensed activities, and monitoring of compliance with well construction standards and permit conditions. As part of the compliance program: a. MANATEE will carry out an inspection program, as described in more detail in Paragraphs 11, 12 and 13 herein; b. MANATEE will report all unlicensed activities to the DISTRICT and will take appropriate enforcement action against the unlicensed individual; c. MANATEE will take enforcement action against licensed water well contractors as set forth in Chapter , F.A.C, and implemented by the Water Well Construction Disciplinary Guidelines and Citations Dictionary, June 2014 (or later version adopted by the District). Where appropriate, as described in the guidance documents, MANATEE will comply with the due process requirements of Chapter 120, F.S.; d. MANATEE will report enforcement actions to the DISTRICT on a monthly basis. The DISTRICT will report the appropriate information to the Statewide Clearinghouse; e. The DISTRICT may conduct audits of MANATEE'S compliance and enforcement programs, as the DISTRICT deems appropriate. The DISTRICT may direct MANATEE to take specified enforcement actions if the DISTRICT finds MANATEE has failed to do so where appropriate; and, f. The DISTRICT will, upon request, provide technical support and assist with the resolution of significant technical and policy disputes that cannot otherwise be resolved despite good faith efforts by MANATEE and the contractor. Nothing in this Agreement will limit the independent enforcement authority of either party. 15. MANATEE will maintain a sufficient staff level to efficiently administer the delegated program. Staff levels will consist of, at a minimum, the following type of positions: a. Supervisor - at least one person possessing the requisite level of knowledge and experience of well construction to direct the program and be responsible for the submittal of the required reports to the DISTRICT; b. Technicians - a sufficient number of persons responsible for field inspections and witnessing of grouting and abandonment of wells, issuance of permits, well contractor compliance, well contractors' license investigation and coordination with the DISTRICT on related water use Page 4 of 9 Attachment: Manatee_Co_Delegation_Agreement - Exhibit C - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 66

86 permit conditions; and, c. Clerical - at least one person responsible for coordinating the submittal of documents and reports to the District, document scanning and records management. 16. MANATEE will implement records management procedures that comply with the applicable provisions of Chapters 119, 257, 286, F.S., and the standards and requirements for records management set forth in Chapters 1B-24 and 1B-26, F.A.C. MANATEE will produce documents in ISO-compliant format into WMIS on a daily basis and submit to the DISTRICT on a monthly basis the originals of the following documents and all paper forms submitted by applicants and permittees: a. Well Completion Reports; b. Well Construction, Repair, Modification or Abandonment Permit applications, permits issued and any permit applications that are denied; c. Well Grouting/Abandonment forms; d. Public Supply Well Information and Classification forms; e. Well Construction Inspection Checklist forms; and, f. Documents Relevant to the review of Well Construction Permit Applications. 17. Nothing in this Agreement will be construed to limit or delegate the DISTRICT's exclusive authority to review, evaluate and issue Water Use Permits pursuant to Chapter 373, F.S., and applicable rules. If the withdrawal from the proposed or affected well will require a Water Use Permit, MANATEE will withhold issuance of any Well Construction, Repair, Modification or Abandonment Permit until after the Water Use Permit has been issued by the DISTRICT, or until the DISTRICT has otherwise concurred in the issuance of the Well Construction Permit in writing. 18. The DISTRICT will maintain responsibility to administer examinations and issue licenses for water well contractors pursuant to Chapter 373, F.S., and applicable rules. 19. MANATEE will have the authority to charge and retain well construction permit fees, in accordance with Sections and , F.S, and at a minimum in accordance with Rule 40D-1.607, F.A.C. It is the intention of the parties that MANATEE will operate the program in an efficient and cost effective manner. In the event any fees proposed to be assessed by MANATEE will exceed the fees currently charged by MANATEE as set forth in Appendix 1. Fee Schedule, attached hereto and incorporated herein, MANATEE must obtain the DISTRICT's concurrence. At the written request of the DISTRICT, MANATEE will prepare and provide to the District a program financial audit justifying the proposed fee or increase. Any new or increased fee must be adopted by the Manatee County Board of County Commissioners. Page 5 of 9 Attachment: Manatee_Co_Delegation_Agreement - Exhibit C - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 67

87 20. MANATEE will permit the DISTRICT, upon request, to examine all project records relating to subject matter of this agreement, including the right to audit such related books, documents and papers during the Agreement period or following termination of this Agreement. MANATEE will maintain public records associated with this Agreement for at least three years from their receipt or creation. This period will continue after the termination of this Agreement. MANATEE recognizes and agrees that it is subject to the Public Records provisions of Chapter 119, F.S., and that all public records, as defined by Chapter 119, F.S., made or received by MANATEE in conjunction with this Agreement are subject to said provisions. 21. MANATEE will submit to the DISTRICT an Annual Report summarizing activities occurring in conjunction with this Agreement, to include the following at a minimum: a. a comparison of well construction permits issued versus well completion reports received during the previous year; b. a comparison of well permits issued for abandonment versus abandonment inspection reports received during the previous year; c. a comparison of well permits issued for public supply wells versus well grouting inspection reports for public supply wells received during the previous year; d. the number of random inspections conducted during the previous year; and, e. reports of any enforcement proceedings, including the status of any ongoing enforcement cases and copies of all Warning Letters, Notices of Violation, Consent Orders and Final Orders relating thereto. This report will be submitted to the DISTRICT by March 15 of each year. 22. The timing and content of the reports required under this Agreement may be revised upon the mutual agreement of the project managers for each party. 23. DISTRICT staff and MANATEE staff will meet at least semi-annually, and more frequently if deemed appropriate by the parties, to review water well activities and clarify procedures. 24. The DISTRICT will provide MANATEE with appropriate training on water well regulation, and will provide technical assistance as necessary to enable proper review of permit applications or to resolve compliance problems with existing wells. The DISTRICT will provide MANATEE with appropriate training on WMIS, scanning and document management procedures as needed. 25. The DISTRICT will provide MANATEE with information concerning proposed changes to relevant rules, and current technical and administrative procedures. Page 6 of 9 Attachment: Manatee_Co_Delegation_Agreement - Exhibit C - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 68

88 26. MANATEE may not further delegate its authority under this Agreement. 27. Unless terminated by either the DISTRICT or MANATEE upon ninety (90) " days prior written notice, this Agreement will continue in effect until May 31, 2021, and may be extended upon terms mutually acceptable to both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year as indicated below. Approved as to Legal Form and Content Attorney Filed this of, Deputy Agency Clerk Page 7 of 9 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: Michael A. Babb, Chair Attest: Jeffrey M. Adams, Secretary (Seal) Attachment: Manatee_Co_Delegation_Agreement - Exhibit C - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 69

89 ATTEST: ANGELINA ANGEL COLONNESO, Clerk of Circuit Court & Comptroller of Manatee County, Florida By: Deputy Clerk Approved as to form and correctness: County Attorney MANATEE COUNTY, a political subdivision of the State of Florida By: Board of County Commissioners By: Vanessa Baugh, Chairperson Date: Page 8 of 9 Attachment: Manatee_Co_Delegation_Agreement - Exhibit C - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 70

90 Appendix 1 MANATEE COUNTY GOVERNMENT PARKS & NATURAL RESOURCES DEPARTMENT WATER WELL PERMITTING PROGRAM PERMIT FEES ACTIVITY ABANDONMENTS PUBLIC SUPPLY FEE $0 $300 OTHER WELLS $145 Page 9 of 9 Attachment: Manatee_Co_Delegation_Agreement - Exhibit C - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 71

91 WELL CONSTRUCTION PERMITTING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND FLORIDA DEPARTMENT OF HEALTH THIS AGREEMENT is made by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, hereinafter referred to as the "DISTRICT," and FLORIDA DEPARTMENT OF HEALTH, with offices located in Marion County, hereinafter referred to as the "DEPARTMENT," effective June 1, INTRODUCTION AND INTENT WHEREAS, the DISTRICT has the authority and responsibility, within its jurisdiction, for the administration and enforcement of rules and regulations governing water wells and water well contractors as set forth in Part Ill, Chapter 373, Florida Statutes (F.S.), and applicable portions of Chapters 40D-3, , , , and , Florida Administrative Code (F.A.C.); and WHEREAS, the DEPARTMENT has the authority and responsibility, within its jurisdiction, to protect public health and prevent disease caused by natural and manmade factors in the environment, as set forth in Chapter 381, F.S.; and WHEREAS, a portion of the lands within the boundaries of Marion County are within the jurisdiction of the DISTRICT, as described in Section , F.S., and are therefore subject to the rules, regulations, authority and orders of the DISTRICT, pursuant to Part Ill, Chapter 373, F.S.; and WHEREAS, another portion of the lands within the boundaries of Marion County are within the jurisdiction of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD), as described in Section , F.S., and is therefore subject to the rules, regulations, authority and orders of the SJRWMD, pursuant to Part Ill, Chapter 373, F.S.; and WHEREAS, pursuant to Sections and , F.S., the District is authorized to delegate to the DEPARTMENT by interagency agreement the authority to regulate the permitting and construction of water wells within that portion of Marion County that is situated within the jurisdiction of the DISTRICT; and WHEREAS, the DISTRICT and the DEPARTMENT entered into a Well Construction Permitting Agreement, effective October 1, 2005, which delegated to the DEPARTMENT the authority to administer and enforce rules and regulations governing water wells and water well contractors as set forth in Part Ill, Chapter 373, F.S., and applicable portions of Chapters 40D-3, , , , and , F.A.C.; Page 1 of 8 Attachment: Marion_Co_Delegation_Agreement - Exhibit D - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 72

92 WHEREAS, the parties desire to continue the regulation of water wells and water well contractors in Marion County through delegation to the DEPARTMENT of the DISTRICT'S implementation of Part Ill of Chapter 373, F.S., and applicable portions of Chapters 40D-3, , , , and , F.A.C., in a manner that ensures regulatory consistency throughout the portion of lands in Marion County that are within the jurisdiction of the DISTRICT and protects public health, safety and welfare; THEREFORE, based upon the mutual consideration contained in this Agreement, the parties hereby agree as follows: 1. This Agreement shall take effect on June 1, The DEPARTMENT will continue to review and evaluate well construction permit applications and issue or deny permits for the construction, repair, modification or abandonment of water wells within the DISTRICT s jurisdiction that are within the boundaries of Marion County, with the following exceptions: a. permits issued in accordance with Chapter , F.A.C.; and, b. permits for wells located within any areas subject to the Memorandum of Agreement Between the U.S. Environmental Protection Agency, Region IV, Superfund Division and the DISTRICT. 2. The DEPARTMENT will review and evaluate applications and issue or deny permits for the construction, operation, maintenance or abandonment of water wells for Class V, Group 1 injection wells, which include wells associated with thermal energy exchange, specifically air conditioning return flow wells and cooling water return flow wells. Class V, Group 1 wells serving multifamily residential units or business establishments, require prior permission from the Department of Environmental Protection (DEP), and DEP Form (4) must be completed and attached to the permit application. Class V, Group 1 injection wells serving single family air conditioning return flow well systems do not need prior DEP permission; however, DEP Form (9) needs to be attached to the permit. 3. The DEPARTMENT will review and evaluate permit applications as described in paragraphs 1 and 2 herein based solely upon the applicable provisions of Chapter 373, F.S., and applicable portions of Chapters 40D-3, , , and , F.A.C. This provision will not be interpreted as preventing the DEPARTMENT from mandating connections to public water supply, limiting well construction in Areas of Special Concern (e.g., areas of groundwater contamination), upon DISTRICT concurrence. 4. The DISTRICT will review and evaluate applications and issue or deny permits for wells constructed, repaired, modified or abandoned in accordance with the provisions of Chapter , F.A.C., and for any wells located within any areas subject to the Memorandum of Agreement Between the U.S. Environmental Protection agency, Region IV, Superfund Division and the DISTRICT. The DISTRICT will provide the DEPARTMENT with a copy of permits issued by the DISTRICT for informational purposes, if requested. Page 2 of 8 Attachment: Marion_Co_Delegation_Agreement - Exhibit D - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 73

93 5. The DEPARTMENT will administer water well contractor and water well construction regulation and require all wells be constructed, repaired, modified or abandoned in accordance with requirements of Part III, Chapter 373, F.S., and applicable portions of Chapters 40D-3, , , , and , F.A.C. 6. The DEPARTMENT will use the forms adopted by rule by the DISTRICT, which includes the most recent versions of the State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well, Well Completion Report, Well Grouting/Abandonment Form, Well Construction Inspection Checklist, and Public Supply Well Information and Classification Form. The DEPARTMENT will use any revised or additional well construction-related forms that hereafter may be adopted by the DISTRICT. 7. The DEPARTMENT will continue to participate in the on-line permitting program implemented through the DISTRICT s Water Management Information System (WMIS). The DEPARTMENT will use the DISTRICT s fee payment vendor unless otherwise approved by the DISTRICT. In the event the DEPARTMENT desires to cease participating in WMIS on- line permitting, the DEPARTMENT will provide the DISTRICT with ninety (90) days prior written notice, after which this Agreement will terminate. 8. Prior to issuing well construction permits, the DEPARTMENT will determine whether water well contractors possess a valid State of Florida water well contractor license and are in compliance with the requirements of Chapter , F.A.C., and that all conditions for permit issuance set forth in Section 40D-3.301, F.A.C., are met. The DISTRICT will provide the DEPARTMENT with access to an appropriate computer database containing contractor licensing information. 9. The DEPARTMENT will require permit applicants to submit the permit application form described in Paragraph 6 herein, or use the on-line WMIS permitting application process. For applications submitted on the permit application form, the DEPARTMENT will enter the data into WMIS on a daily basis and scan the application and any related permit documents into WMIS on a daily basis. All document scanning required pursuant to this Agreement will be in accordance with Paragraph 16 of this Agreement and will comply with the document standards established by the DISTRICT. 10. The DEPARTMENT will require the submittal of Well Completion Reports as described in Paragraph 6 herein no later than thirty (30) days of completion of well construction. For Well Completion Reports submitted on paper, the DEPARTMENT will enter the data on a daily basis and scan the document into WMIS on a daily basis. 11. The DEPARTMENT will witness the grouting operations on all wells that are abandoned in accordance with Section 40D-3.531, F.A.C. The DEPARTMENT may grant a variance to this requirement if the conditions of subsection 40D-3.531(4), F.A.C., have been satisfied. The DEPARTMENT will fully complete for each such well a Well Grouting/Abandonment Form (see Paragraph 6 herein). The DEPARTMENT will scan the completed forms into WMIS on a daily basis and submit the originals of these reports to the DISTRICT on a monthly basis. Page 3 of 8 Attachment: Marion_Co_Delegation_Agreement - Exhibit D - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 74

94 12. In accordance with Chapters 40D-3, , and 64E-8, F.A.C., the DEPARTMENT will issue permits, conduct well site inspections and witness the grouting operations for public supply wells. The DEPARTMENT may grant a variance to this witnessing requirement if the conditions specified in subsection 40D-3.461(6), F.A.C., are met. The DEPARTMENT will fully complete for each such well a Well Grouting/Abandonment Form (see Paragraph 6 herein). The DEPARTMENT will scan the forms into WMIS on a daily basis and submit originals of these reports to the DISTRICT on a monthly basis. 13. The DEPARTMENT will conduct random well construction inspections for a minimum of twenty percent (20%) of all permitted wells, calculated on an annual average basis (running 12 month average). The inspectors will utilize the Well Construction Inspection Checklist referenced in Paragraph 6 herein, and will complete the form for each inspection. The DEPARTMENT will scan the form into WMIS on a daily basis and submit the original forms to the District on a monthly basis. The DEPARTMENT must address any deficiencies noted during the inspections. 14. The DEPARTMENT will implement and maintain an effective compliance program, in cooperation with the DISTRICT, to ensure compliance with applicable portions of Chapters 40D-3, , , , and , F.A.C. The compliance program will include but is not limited to investigation of all unpermitted and unlicensed activities, and monitoring of compliance with well construction standards and permit conditions. As part of the compliance program: a. The DEPARTMENT will carry out an inspection program, as described in more detail in Paragraphs 11, 12 and 13 herein; b. The DEPARTMENT will report all unlicensed activities to the DISTRICT and will take appropriate enforcement action against the unlicensed individual; c. The DEPARTMENT will take enforcement action against licensed water well contractors as set forth in Chapter , F.A.C, and implemented by the Water Well Construction Disciplinary Guidelines and Citations Dictionary, July 2014 (or later version adopted by the District). Where appropriate, as described in the guidance documents, the DEPARTMENT will comply with the due process requirements of Chapter 120, F.S.; d. The DEPARTMENT will report enforcement actions to the DISTRICT on a monthly basis. The DISTRICT will report the appropriate information to the Statewide Clearinghouse; e. The DISTRICT may conduct audits of the DEPARTMENT S compliance and enforcement programs, as the DISTRICT deems appropriate. The DISTRICT may direct the DEPARTMENT to take specified enforcement actions if the DISTRICT finds the DEPARTMENT has failed to do so where appropriate; and, f. The DISTRICT will, upon request, provide technical support and assist with the resolution of significant technical and policy disputes that cannot otherwise be resolved despite good faith efforts by the DEPARTMENT and the contractor. Page 4 of 8 Attachment: Marion_Co_Delegation_Agreement - Exhibit D - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 75

95 Nothing in this Agreement will limit the independent enforcement authority of either party. 15. The DEPARTMENT will maintain a sufficient staff level to efficiently administer the delegated program. Staff levels will consist of, at a minimum, the following type of positions: a. Supervisor at least one person possessing the requisite level of knowledge and experience of well construction to direct the program and be responsible for the submittal of the required reports to the DISTRICT; b. Technicians a sufficient number of persons responsible for field inspections and witnessing of grouting and abandonment of wells, issuance of permits, well contractor compliance, well contractors' license investigation and coordination with the DISTRICT on related water use permit conditions; and, c. Clerical - at least one person responsible for coordinating the submittal of documents and reports to the District, document scanning and records management. 16. The DEPARTMENT will implement records management procedures that comply with the applicable provisions of Chapters 119, 257, 286, F.S., and the standards and requirements for records management set forth in Chapters 1B-24 and 1B-26, F.A.C. The DEPARTMENT will produce documents in ISO-compliant format into WMIS on a daily basis and submit to the DISTRICT on a monthly basis the originals of the following documents and all paper forms submitted by applicants and permittees: a. Well Completion Reports; b. Well Construction, Repair, Modification or Abandonment Permit applications, permits issued and any permit applications that are denied; c. Well Grouting/Abandonment forms; d. Public Supply Well Information and Classification forms; e. Well Construction Inspection Checklist forms; and, f. Documents Relevant to the Review of Well Construction Permit Applications. 17. Nothing in this Agreement will be construed to limit or delegate the DISTRICT's exclusive authority to review, evaluate and issue Water Use Permits pursuant to Chapter 373, F.S., and applicable rules. If the withdrawal from the proposed or affected well will require a Water Use Permit, the DEPARTMENT will withhold issuance of any Well Construction, Repair, Modification or Abandonment Permit until after the Water Use Permit has been issued by the DISTRICT, or until the DISTRICT has otherwise concurred in the issuance of the Well Construction Permit in writing. 18. The DISTRICT will maintain responsibility to administer examinations and issue licenses for water well contractors pursuant to Chapter 373, F.S., and applicable rules. Page 5 of 8 Attachment: Marion_Co_Delegation_Agreement - Exhibit D - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 76

96 19. The DEPARTMENT will have the authority to charge and retain well construction permit fees, in accordance with Sections and , F.S, and at a minimum in accordance with Rule 40D-1.607, F.A.C. It is the intention of the parties that the DEPARTMENT will operate the program in an efficient and cost effective manner. In the event any fees proposed to be assessed by the DEPARTMENT will exceed the fees currently charged by the DEPARTMENT as set forth in Appendix 1: Fee Schedule, attached hereto and incorporated herein, the DEPARTMENT must obtain the DISTRICT s concurrence of such fee increase. At the written request of the DISTRICT, the DEPARTMENT will prepare and provide to the District a program financial audit justifying the proposed fee or increase. Any new or increased fee must be adopted by the Marion County Board of County Commissioners. 20. The DEPARTMENT will permit the DISTRICT, upon request, to examine all project records relating to the subject matter of this Agreement, including the right to audit such related books, documents and papers during the Agreement period or following termination of this Agreement. The DEPARTMENT will maintain public records associated with this Agreement for at least three years from their receipt or creation. This period will continue after the termination of this Agreement. The DEPARTMENT recognizes and agrees that it is subject to the Public Records provisions of Chapter 119, F.S., and that all public records, as defined by Chapter 119, F.S., made or received by the DEPARTMENT in conjunction with this Agreement are subject to said provisions. 21. The DEPARTMENT will submit to the DISTRICT an Annual Report summarizing activities occurring in conjunction with this Agreement, to include the following at a minimum: a. a comparison of well construction permits issued versus well completion reports received during the previous year; b. a comparison of well permits issued for abandonment versus abandonment inspection reports received during the previous year; c. a comparison of well permits issued for public supply wells versus well grouting inspection reports for public supply wells received during the previous year; d. the number of random inspections conducted during the previous year; and, e. reports of any enforcement proceedings, including the status of any ongoing enforcement cases and copies of all Warning Letters, Notices of Violation, Consent Orders and Final Orders relating thereto. This report will be submitted to the DISTRICT by March 15 of each year. 22. The timing and content of the reports required under this Agreement may be revised upon the mutual agreement of the project managers for each party. 23. DISTRICT staff and DEPARTMENT staff will meet at least semi-annually, and more frequently if deemed appropriate by the parties, to review water well activities and clarify procedures. Page 6 of 8 Attachment: Marion_Co_Delegation_Agreement - Exhibit D - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 77

97 24. The DISTRICT will provide the DEPARTMENT with appropriate training on water well regulation, and will provide technical assistance as necessary to enable proper review of permit applications or to resolve compliance problems with existing wells. The DISTRICT will provide the DEPARTMENT with appropriate training on WMIS, scanning and document management procedures as needed. 25. The DISTRICT will provide the DEPARTMENT with information concerning proposed changes to relevant rules, and current technical and administrative procedures. 26. The DEPARTMENT may not further delegate its authority under this Agreement. 27. Unless terminated by either the DISTRICT or the DEPARTMENT upon ninety (90) days prior written notice, this Agreement will continue in effect until May 31, 2021, and may be extended upon terms mutually acceptable to both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year as indicated below. Approved as to Legal Form and Content Attorney Filed this of, Deputy Agency Clerk ATTEST: SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: Michael A. Babb, Chair Attest: Jeffrey M. Adams, Secretary (Seal) FLORIDA DEPARTMENT OF HEALTH MARION COUNTY By: Erin Hess Administrator Date: Page 7 of 8 (Seal) Attachment: Marion_Co_Delegation_Agreement - Exhibit D - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 78

98 Appendix 1: Fee Schedule* Service Description State Fee County Fee Total Fee DRINKING WATER Limited Use Public Water System Construction Permit $90.00 $90.00 Application for Limited Use Public Water System Operation $90.00 $90.00 Multi-Family Water System Construction Permit $75.00 $75.00 Microbiological Sample Collection (trip charge not incl. analysis) $50.00 $50.00 Chemical Sample Collection (trip charge not incl. analysis} $60.00 $60.00 Combined Microbiological and Chemical Collection (not Incl. analysis} $70.00 $70.00 Laboratory Analysis Fee - Bacteriological $15.00 $15.00 Laboratory Analysis Fee - Chemical each $22.00 $22.00 Reinspection of Multi-family Water System $40.00 $10.00 $50.00 Reinspection of Limited Use Public Water System $40.00 $10.00 $50.00 Delineated Area Clearance Fee $50.00 $50.00 Limited Use Commercial Public Water System registration $15.00 $15.00 Family Day Care Establishment, Annual Permit Fee $30.00 $30.00 Penalty Fee for late/missed submission of quarterly water sample $50.00 $50.00 Sewage Treatment Plant Certification Program Annual Certification Fee $ $ Well Construction Program-Delegated from WMDs Public Wells $ $ Private Wells $ $ Irrigation I Monitoring Wells $75.00 $75.00 Abandonment Permit $50.00 $50.00 Group Care I Sanitation Inspection Inspection Fee $50.00 $50.00 Late Permit fees All Permitted Facilities varies $50.00 $50.00 plus applicable state fee Reinspection Fees All Permitted Facilities varies $50.00 $50.00 plus applicable state fee Page 8 of 8 Attachment: Marion_Co_Delegation_Agreement - Exhibit D - Final (2479 : Approve WCP Delegation Agreements - Sarasota, Manatee, Marion) Packet Pg. 79

99 Item 16 EXECUTIVE DIRECTOR'S REPORT May 24, 2016 Consent Agenda Approve CFI Northern Region Meeting Minutes - April 6, 2016 Staff Recommendation: Approve minutes as presented. Presenter: Robert R. Beltran, P.E., Executive Director Packet Pg. 80

100 MINUTES OF THE MEETING COOPERATIVE FUNDING PUBLIC MEETING NORTHERN REGION SUBCOMMITTEE GOVERNING BOARD SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT BROOKSVILLE,FLORIDA APRIL 6, 2016 The Northern Region Cooperative Funding Public Meeting hosted by the Southwest Florida Water Management District Governing Board convened at 10:00 a.m. on Wednesday, April 6, 2016 at the Southwest Florida Water Management District Brooksville Headquarters, 2379 Broad Street, Brooksville, Florida Governing Board Members Present Kelly Rice, Chair Randy Maggard Governing Board Members Not Present Tommy Bronson Recording Secretary Dennis Cockrell/Lori Manuel Staff Members Present Mark Hammond Eric DeHaven Jay Hoecker Jason Mickel Veronica Craw J.P. Marchand Jennette Seachrist Chris Zajac Scott Letasi 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 and Introductions Chair Rice called the meeting to order at 10:00 a.m., and introduced the other members of the Board. 2. Pledge of Allegiance Chair Rice led the pledge of allegiance. 3. Final Staff Rankings and Recommendations Mr. Jay Hoecker, Project Manager, provided a presentation that included: schedule for reviewing and ranking of requests; comparison of cooperative funding project requests with actual funded amounts; requests and final rankings; and a location map of applications within the Northern region. Mr. Hoecker specifically addressed two presentations that were requested at the February meeting. The projects were N771 and N793. Ms. Susan Goebel-Canning, Environmental Services Director for Hernando County (County), provided a presentation for project N771 (Hernando County Advanced Wastewater Treatment Master Plan. She explained there are five regional wastewater treatment facilities, these include: Spring Hill; the Glen; Hernando County Airport; Brookridge; and Ridge Manor. Brookridge and Spring Hill are expected to come off-line in the near future. The County would Attachment: Minutes DRAFT Northern Region (2465 : Approve CFI Northern Region Meeting Minutes - April 6, 2016) Packet Pg. 81

101 Meeting Summary Governing Board April 6, 2016 Northern Region Cooperative Funding Public Meeting Page 2 of 3 like to do advance waste treatment studies on the remaining three (Glenn; Ridge Manor and the Hernando County Airport). She presented a map of current plants. The project consists of: biological modeling of each facility to determine treatment capacities and limitations; biological modeling of future septage and leachage treatment; biological modeling of proposed equipment and process modifications to improve treatment to advance levels; examine site constraints and provide a concept plan for each facility; and provide a budget level for each facility. Ms. Jennette Seachrist, Natural Systems Bureau Chief, provided a presentation regarding project N793 (County Road 491 Phase 1 Regional Stormwater Facility). This presentation included a location map and project costs. Ms. Seachrist stated the District is recommending funding for the additional water quality treatment that is above and beyond what will be required for the permitted road way improvements. Mr. Jeff Rogers, Citrus County Public Works Director, provided a presentation regarding project N793. This presentation provided information regarding existing developments and proposed developments. Board Member Maggard asked if reclaimed water is available in that area. Ms. Tina Malmberg, Citrus County Utility Planning & Engineering Director, responded in the negative. Mr. Rogers outlined the information on the build-out and treatment associated with the project. The County is proposing the cooperative funding will be reimbursed to the District if the project is not developed in 15 years. Chair Rice stated he would like to approve staff s recommendation but allow for the opportunity for future discussion of this at a Governing Board meeting. Mr. Maggard agreed to this. 4. Public/Stakeholder/Applicant Input Chair Rice stated he received one Request to Speak card. Mr. Fred Busack, citizen, spoke in favor of project N Present Staff Recommendation Mr. Hoecker provided an overview of the final rankings for projects staff has recommended for funding in the northern region. He specifically addressed: project N719, which is ranked 1A; project N794, which is ranked high; project N795, ranked high; project N793, which is ranked medium; project N749 and project N771, both ranked low. Staff recommended approving the project rankings for the Cooperative Funding projects in the Southern Region ranked 1A, High and Medium; recommend the Governing Board include these projects in the District s budget for Fiscal Year ; and drop from consideration those projects ranked Low. Board Member Maggard made a motion for approval, Chair Rice seconded; and the motion carried. Ms. Veronica Craw, Springs and Environmental Flows Manager, presented the final staff recommendations for the projects the District is submitting to the Florida Department of Attachment: Minutes DRAFT Northern Region (2465 : Approve CFI Northern Region Meeting Minutes - April 6, 2016) Packet Pg. 82

102 Meeting Summary Governing Board April 6, 2016 Northern Region Cooperative Funding Public Meeting Page 3 of 3 Environmental Protection (FDEP) for final approval. Ms. Craw specifically addressed project N771, which initially was not recommended, but is now being submitted to FDEP for approval. She addressed projects N781 and N793, indicating the funding is currently shown as split between the District and the cooperator. However, if FDEP funding is allocated for these projects, the District and cooperator s share would be reduced. Ms. Craw stated project P123 is six package plants bundled into one application. She also stated that project P128 is a low ranked project and is not in a springs shed so it is not being recommended. Ms. Craw presented a budget summary for FY She stated there is a decrease in the funding request for FY2017. She explained this was because some of the larger reclaimed and wastewater projects funded in prior years were currently under construction and it is anticipated that the cooperators will be submitting additional projects in the future Ms. Craw specifically addressed the following projects: N793; P123; P127 and P121. She also displayed a map depicting the recommended spring s projects. Staff recommended approving the project rankings for the Cooperative Funding projects in the Northern Region ranked 1A, High and Medium; recommend the Governing Board include these projects in the District s budget for Fiscal Year ; and drop from consideration those projects ranked Low. Board Member Maggard made a motion to approve staff s recommendation, Chair Rice seconded; and the motion carried. 6. Adjournment The meeting was adjourned at 11:02 a.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 St., Brooksville, FL ; telephone (352) or (FL only), ext. 4703; or DACoordinator@WaterMatters.org. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800) (TDD) or 1(800) (Voice). Attachment: Minutes DRAFT Northern Region (2465 : Approve CFI Northern Region Meeting Minutes - April 6, 2016) Packet Pg. 83

103 Item 17 EXECUTIVE DIRECTOR'S REPORT May 24, 2016 Consent Agenda Approve CFI Heartland Region Meeting Minutes - April 7, 2016 Staff Recommendation: Approve minutes as presented. Presenter: Robert R. Beltran, P.E., Executive Director Packet Pg. 84

104 MINUTES OF THE MEETING COOPERATIVE FUNDING PUBLIC MEETING HEARTLAND SUBCOMMITTEE GOVERNING BOARD SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT BARTOW, FLORIDA APRIL 7, 2016 The Heartland Region Cooperative Funding Public Meeting hosted by the Southwest Florida Water Management District Governing Board convened at 10:00 a.m. on Thursday, April 7, 2016 at the City of Bartow Commission Chambers, 450 North Wilson Avenue, Bartow, Florida. Governing Board Members Present Paul Senft, Chair Bryan Beswick George Mann Recording Secretary Lori Manuel Staff Members Present Mark Hammond Terri Behling Jay Hoecker J.P. Marchand Jerry Mallams Jason Mickel Terri Behling Eric DeHaven Randy Smith 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 and Introductions Chair Senft called the meeting to order at 10:00 a.m., and introduced the other members of the Committee. In addition to staff, Chair Senft introduced the following persons in attendance: David Bayhan, Utilities Director for City of Winter Haven; Mr. Jeff Spencer, Parks & Natural Resources Director for Polk County; Mike Britt, Assistant Utilities Director for City of Winter Haven; Addie Javed, Public Works Director for City of Haines City; and Jacqueline Hollister for Polk County Utilities Conservation. 2. Pledge of Allegiance Chair Senft led the pledge of allegiance. 3. Final Staff Rankings and Recommendations Mr. Jay Hoecker, Project Manager, provided a presentation that included: schedule for reviewing and ranking of requests; comparison of cooperative funding project requests with actual funded amounts; requests and final rankings; and a location map of applications within the Heartland region. 4. Public/Stakeholder/Applicant Input Mr. Addie Javed, Public Works Director for City of Haines City, provided a presentation on the following stormwater improvement projects: N831; N830 and N813. His presentation included: history; list of seven watersheds within Haines City area; map depicting the seven watersheds; watershed and lake information regarding Lake Henry and Lake Eva; map depicting CFI projects; visual information from drone; diagramed approach of the project; map Attachment: Minutes DRAFT Heartland Region (2466 : Approve CFI Heartland Region Meeting Minutes - April 7, 2016) Packet Pg. 85

105 Meeting Summary Governing Board April 7, 2016 Heartland Region Cooperative Funding Public Meeting Page 2 of 2 depicting the proposed rain gardens; diagram of ridge aquifer; project highlights; benefits associated with the projects; and how Senate Bill 536 relates to these projects. Mr. J.P. Marchand, Water Resources Bureau Chief, provided a presentation regarding the status of the following on-going projects for the City of Winter Haven (City): N775; N796; W773; and W774. He explained that projects W773 and W774 have been moved from a low ranking to a medium ranking with a condition that the issue with the existing project be addressed prior to entering into a contract. Mr. Marchand stated projects N775 and N776 will remain at a low ranking. He also addressed project N339 project, which is an on-going project and is still under review. Mr. Marchand stated the City is having difficulty with the continued funding for this project. The District is working with the City regarding this project. Discussion ensued regarding costs associated with projects N775, N796 and N339. Mr. Michael Britt, Assistant Utility Director for City of Winter Haven, addressed the subcommittee regarding funding associated with project N339. He stated the City is committed to this project and thanked the District for their cooperation. 5. Present Staff Recommendation Mr. Hoecker provided an overview of the final rankings for projects staff has recommended for funding in the Heartland region. He specifically addressed: project N554 which is an ongoing project that is ranked 1A; projects W773 and W774 changed from a ranking of low to medium; and project N821 which is a ranked low and not being recommended for funding. Mr. Jason Mickel, Water Supply Section Manager, responded to questions the subcommittee had on project N821. Board Member Mann made a motion to approve staff s recommendation for approval, the motion was seconded; and the motion carried with a modification that staff will continue to work with the City on projects N775 and N Adjournment There being no further discussion, Chair Senft thanked everyone who attended. The meeting was adjourned at 11:13 a.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 St., Brooksville, FL ; telephone (352) or (FL only), ext. 4703; or ADACoordinator@WaterMatters.org. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800) (TDD) or 1(800) (Voice). Attachment: Minutes DRAFT Heartland Region (2466 : Approve CFI Heartland Region Meeting Minutes - April 7, 2016) Packet Pg. 86

106 Item 18 EXECUTIVE DIRECTOR'S REPORT May 24, 2016 Consent Agenda Approve CFI Southern Region Meeting Minutes - April 13, 2016 Staff Recommendation: Approve minutes as presented. Presenter: Robert R. Beltran, P.E., Executive Director Packet Pg. 87

107 MINUTES OF THE MEETING COOPERATIVE FUNDING PUBLIC MEETING SOUTHERN REGION SUBCOMMITTEE GOVERNING BOARD SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT SARASOTA, FLORIDA APRIL 13, 2016 The Southern Region Cooperative Funding Public Meeting hosted by the Southwest Florida Water Management District Governing Board convened at 10:00 a.m. on Wednesday, April 13, 2016 at the Southwest Florida Water Management District Sarasota Office, 6750 Fruitville Road, Sarasota, Florida. Governing Board Members Present Bryan Beswick, Chair Mike Moran John Henslick Recording Secretary Lori Manuel Staff Members Present Mark Hammond Jay Hoecker Eric DeHaven J.P. Marchand Jason Mickel Jennette Seachrist Jerry Mallams Terri Behling Tara Poulton Scott Letasi 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 and Introductions Chair Beswick called the meeting to order at 10:00 a.m. Chair Beswick introduced the other members of the subcommittee. 2. Pledge of Allegiance Chair Beswick led the pledge of allegiance 3. Final Staff Rankings and Recommendation Mr. Jay Hoecker, Project Manager, provided a presentation that included: schedule for reviewing and ranking of requests; comparison of cooperative funding project requests with actual funded amounts; requests and final rankings; and a location map of applications within the Southern region. Mr. Hoecker stated there were presentations for projects N756 and N Public/Stakeholder/Applicant Input Mr. J.P. Marchand, Water Resources Bureau Chief, provided a presentation regarding the status of projects N756 and N786. He stated these were projects that were ranked low. Mr. Marchand stated, although the District has met with Sarasota County regarding these projects, these projects would maintain the low ranking. Discussion ensued. Attachment: Minutes DRAFT CFI Southern Region (2467 : Approve CFI Southern Region Meeting Minutes - April 13, 2016) Packet Pg. 88

108 Meeting Summary Governing Board April 13, 2016 Southern Region Cooperative Funding Public Meeting Page 2 of 2 Ms. Molly Williams, Stormwater Utility Manager for Sarasota County, addressed the subcommittee regarding project N786. Discussion ensued. 5. Staff Recommendation Mr. Hoecker provided an overview of the final rankings for projects staff has recommended for funding in the southern region. He specifically addressed: projects N416 and N711 which are ranked 1A. He stated these was recently added to the project list. Mr. Hoecker explained these are on-going projects. He addressed project N823 which was previously ranked low, but is now ranked medium; and projects N797 and N798 which are ranked low and are not being recommended for funding. Staff recommended approving the project rankings for the Cooperative Funding projects in the Southern Region ranked 1A, High and Medium; recommend the Governing Board include these projects in the District s budget for Fiscal Year ; and drop from consideration those projects ranked low. Chair Beswick asked about the status of project N823. Mr. Hammond explained the cooperator (Peace River Water Supply Authority) is required to have a contract in place by June 15 with Sarasota County to proceed with the cooperative funding for this project. Board Member Moran made a motion to approve staff s recommendation for approval, the motion was seconded; and the motion carried. 6. Adjournment There being no further discussion, Chair Beswick thanked everyone who attended. The meeting was adjourned at 10:28 a.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 St., Brooksville, FL ; telephone (352) or (FL only), ext. 4703; or ADACoordinator@WaterMatters.org. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800) (TDD) or 1(800) (Voice). Attachment: Minutes DRAFT CFI Southern Region (2467 : Approve CFI Southern Region Meeting Minutes - April 13, 2016) Packet Pg. 89

109 Item 19 EXECUTIVE DIRECTOR'S REPORT May 24, 2016 Consent Agenda Approve CFI Tampa Bay Region Meeting Minutes - April 14, 2016 Staff Recommendation: Approve minutes as presented. Presenter: Robert R. Beltran, P.E., Executive Director Packet Pg. 90

110 MINUTES OF THE MEETING COOPERATIVE FUNDING PUBLIC MEETING TAMPA BAY REGION SUBCOMMITTEE GOVERNING BOARD SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TAMPA,FLORIDA APRIL 14, 2016 The Tampa Bay Region Cooperative Funding Public Meeting hosted by the Southwest Florida Water Management District Governing Board convened at 10:00 a.m. on Thursday, April 14, 2016 at the District s Tampa Office, 7601 Highway 301 North, Tampa, Florida. Governing Board Members Present Randy Maggard, Acting Chair Jeff Adams Wendy Griffin David Dunbar Governing Board Members Not Present Michael Babb, Chair Ed Armstrong Recording Secretary Lori Manuel Staff Members Present Mark Hammond Jay Hoecker Jennette Seachrist Cara Martin Jason Mickel J.P. Marchand Eric DeHaven Randy Smith Jerry Mallams Scott Letasi 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 and Introductions Acting Chair Maggard called the meeting to order at 10:00 a.m., and introduced the other members of the Committee. 2. Pledge of Allegiance Acting Chair Maggard led the pledge of allegiance. 3. Final Staff Rankings Recommendations Mr. Jay Hoecker, Project Manager, provided a presentation that included: schedule for reviewing and ranking of requests; comparison of cooperative funding project requests with actual funded amounts; requests and final rankings; and a location map of applications within the Tampa Bay region. Mr. Hoecker stated there were presentations for projects W024; W343 and N Public/Stakeholder/Applicant Input Ms. Jennette Seachrist, Natural Systems and Restoration Bureau Chief, provided a presentation regarding project W024. This presentation included: a history regarding the Tampa Bay ecosystem restoration fund; funding information; and a map depicting restoration sites in the Tampa Bay area. Attachment: Minutes DRAFT CFI Tampa Bay Region (2468 : Approve CFI Tampa Bay Region Meeting Minutes - April 14, 2016) Packet Pg. 91

111 Meeting Summary Governing Board April 14, 2016 Tampa Bay Region Cooperative Funding Public Meeting Page 2 of 2 Mr. Randy Smith, Surface Water Improvement Management Program Manager, provided a presentation on project W343. This presentation included: a map depicting the project location; photographs of the project; diagram of rip rap islands; and photographic examples of other shoreline restoration projects. Mr. Scott Letasi, Watershed and Engineering Manager, provided a presentation on project N788. He explained this was moved from a water quality to a flood protection. This was originally ranked low, but is now a high ranked project. This presentation included: a history of the project and application submission; location map; location of structures affected by flooding; timeline of project; and summary of flood protection projections in the Tampa Bay region. 5. Staff Recommendation Mr. Hoecker provided an overview of the final rankings for projects staff has recommended for funding in the Tampa Bay region. He specifically addressed: projects N788, which was ranked low but is now a high ranked project; project W344, which was ranked low and is now a high ranked project; project N712, this is an on-going project which is ranked medium; and N762 which was ranked low but is now a medium ranked project. Staff recommended approving the project rankings for the Cooperative Funding projects in the Tampa Bay Region ranked 1A, High and Medium; recommended the Governing Board include these projects in the District s budget for Fiscal Year ; and drop from consideration those projects ranked Low. Board Member Dunbar made a motion to approve staff s recommendation for approval, the motion was seconded; and the motion carried with a modification that projects W343 and N712 be presentation at the full Governing Board meeting for discussion. 6. Adjournment There being no further discussion, Acting Chair Maggard thanked everyone who attended. The meeting was adjourned at 10:31 a.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 St., Brooksville, FL ; telephone (352) or (FL only), ext. 4703; or ADACoordinator@WaterMatters.org. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800) (TDD) or 1(800) (Voice). Attachment: Minutes DRAFT CFI Tampa Bay Region (2468 : Approve CFI Tampa Bay Region Meeting Minutes - April 14, 2016) Packet Pg. 92

112 Item 20 EXECUTIVE DIRECTOR'S REPORT May 24, 2016 Consent Agenda Approve Governing Board Meeting Minutes - April 26, 2016 Staff Recommendation: Approve minutes as presented. Presenter: Robert R. Beltran, P.E., Executive Director Packet Pg. 93

113 MINUTES OF THE MEETING GOVERNING BOARD SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT HAINES CITY,FLORIDA APRIL 26, 2016 The Governing Board of the Southwest Florida Water Management District (District) met for its regular meeting at 10:00 a.m. on April 26, 2016, at the Haines City Lake Eva Banquet Hall. The following persons were present: Board Members Present Michael A. Babb, Chair Randall S. Maggard, Vice Chair* Jeff Adams, Secretary Ed Armstrong, Treasurer H. Paul Senft, Member George Mann, Member Wendy Griffin, Member Bryan Beswick, Member Michael A. Moran, Member Kelly Rice, Member John Henslick, Member *Attended via telephone Board Members Absent Tommy Bronson, Member 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 (Audio 00:00) Staff Members Robert R. Beltran, Executive Director Brian Armstrong, Assistant Executive Director David T. Rathke, Chief of Staff Karen West, General Counsel Kurt Fritsch, Inspector General John J. Campbell, Division Director Ken Frink, Division Director Mark A. Hammond, Division Director Alba E. Más, Division Director Board s Administrative Support Cara Martin, Board & Executive Services Manager Lori Manuel, Administrative Assistant 1. Call to Order Chair Michael Babb called the meeting to order and opened the public hearing. Secretary Adams stated a quorum was present. 2. Invocation and Pledge of Allegiance Board Member Senft offered the invocation. Chair Babb led the Pledge of Allegiance to the Flag of the United States of America. Chair Babb introduced each member of the Governing Board. He noted that the Board meeting was recorded for broadcast on government access channels, and public input was only taken during the meeting onsite. Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Chair Babb 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 Request to Speak 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 Packet Pg. 94

114 Minutes of the Meeting April 26, 2016 SWFWMD Governing Board Page 2 of 11 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 Babb 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. 3. Additions/Deletions to Agenda Section , Florida Statutes, allows the District to change the published agenda for good cause shown, as determined by the presiding officer. Mr. Robert Beltran, Executive Director stated the following changes have been made to the agenda: The following item was deleted from the consent agenda: Operations, Lands & Resource Monitoring Committee 20. Draft - Memorandum of Agreement Between the District & USACOE for Mapping Services General Counsel's Report The following item was added to the General Counsel s Report under discussion: General Counsel s Report 60. Oakford - Settlement Proposal Chair Babb said there is good cause to amend the published agenda as allowed by Section , Florida Statutes. A motion was made to approve the amendments to the published agenda, as amended, which was seconded. The motion carried unanimously. (Audio 00:04:29) 4. Public Input for Issues Not Listed on the Published Agenda Chair Babb noted at this time, the public is given an opportunity to comment on any topic not listed on the agenda. Chair Babb stated he had no Request to Speak card. CONSENT AGENDA Chair Babb asked that before the Board considers action on the Consent Agenda whether there is anyone in the audience who wishes to address the Board regarding an item listed on the Consent Agenda. Resource Management Committee 5. Lake McCoy BMPs Project - Cooperator Change (N637) Staff recommended approval of the change in cooperator from Highlands Soil and Water Conservation District to Highlands County. 6. Stormwater Improvement Water Quality - 14th Avenue North City of St. Petersburg Scope Change (N659) Staff recommended the Board approve revision to the resource benefit of the 14th Avenue North Stormwater Improvement project to remove an estimated 226 lbs/year of TN, and 26 lbs/year of TP; and revision of the measurable benefit to treat approximately 44 acres of urban stormwater runoff. Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) 7. Stormwater Improvement Water Quality Lake Magdalene Best Management Practices Lake Magdalene Special Dependent District Scope Change (N631) Staff recommended the Board approve the revision to drainage basin size from 490 acres to 80 acres, which is the measurable benefit in the cooperative funding agreement. Packet Pg. 95

115 Minutes of the Meeting April 26, 2016 SWFWMD Governing Board Page 3 of Stormwater Improvement Water Quality - Rosery Road BMPs Town of Belleair Scope Change (N661) Staff recommended the Board approve to revise the resource benefits in the cooperative agreement to 50 pounds of TN per year, 7 pounds of TP per year and 9,484 pounds of TSS per year. 9. FARMS- FLM, INC. - Blossom Grove - Phase 4 - (H737), Manatee County Staff recommended the Board: 1) Approve the FLM, Inc. - Blossom Grove - Phase 4 project for a not-to-exceed project Reimbursement of $426,282 with $426,282 provided by the Governing Board. 2) Authorize the transfer of $426,282 from fund 010 H017 Governing Board FARMS Funds to the H737 FLM, Inc. - Blossom Grove - Phase 4 project fund. 3) Authorize Assistant Executive Director to sign the agreement. Finance/Outreach & Planning Committee 10. Revise Board Policy 190-2, Information Security Staff recommended the Board approve the changes as presented in the exhibits to this item. 11. Budget Transfer - Brooksville Data Center Reconfiguration Project Staff recommended the Board transfer $159,000 previously budgeted for fuel and petroleum products to the Brooksville Data Center reconfiguration project to support the removal of all computer equipment from Building 1 in Brooksville. 12. Budget Transfer Report Staff recommended the Board s approval of the Budget Transfer Report covering all budget transfers for March Regulation Committee 13. Individual Water Use Permits Referred to the Governing Board None Operations, Lands and Resource Monitoring Committee 14. Federal Energy Regulatory Commission s Issuance of Certificate to Authorize the Construction of an Interstate Natural Gas Pipeline Approval and Consent of Friendly Condemnation Proceeding and Action for Immediate Possession by Sabal Trail Transmission, LLC, of the Permanent and Temporary Easement Areas Necessary for the Pipeline to Cross District-Owned Lands in Citrus, Lake, and Marion Counties Staff recommended the Board approve and consent to immediate possession by Sabal Trail of the permanent and temporary easement areas on District-owned lands in order for pipeline construction activities to begin. 15. Federal Energy Commission s Issuance of Certificate to Authorize the Construction of an Interstate Natural Gas Pipeline Conveyance of Non-Exclusive Permanent and Temporary Easements to Florida Southeast Connection, LLC, for a Pipeline to Cross District-Owned Lands in Polk County SWF Parcel Number X and X Staff recommended the Board: Accept the offer and enter into a contract for the sale and purchase of the easement areas with Florida Southeast Connection, LLC; and Execute the instruments necessary to convey the permanent and temporary easements to Florida Southeast Connection, LLC, for the natural gas transmission pipeline to cross the District s Lake Marion Creek tracts in Polk County. Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Packet Pg. 96

116 Minutes of the Meeting April 26, 2016 SWFWMD Governing Board Page 4 of Approval of Resolution Requesting Disbursement of Funds from the Land Acquisition Trust Fund for Land Management Staff recommended the Board approve Resolution 16-02, Requesting Disbursement of Funds from the Land Acquisition Trust Fund for Land Management. 17. Cooperative Agreement Between Department of Agriculture and Consumer Services Florida Forest Service and Southwest Florida Water Management District Staff recommended the Board approve and accept the proposed Cooperative Agreement between the District and the Department of Agriculture and Consumer Services Florida Forest Services Division. 18. Approve Sale of Surplus Lands Chito Branch Reserve (Chito East), SWF Parcel No S Staff recommended the Board: Accept the Offer. Approve the Contract for Sale and Purchase. Approve release of mineral interests. Authorize execution of the instruments necessary to convey the property. 19. Approve Designation of a Special Use Area Within the Lake Hancock Tract for Department of Agriculture and Consumer Services Florida Forest Service s Operation Outdoor Freedom, Parcel No Staff recommended the Board approve the designation of a Special Use Area within the Lake Hancock Tract for FFS Operation Outdoor Freedom, Parcel No at no cost. 20. Draft - Memorandum of Agreement Between the District & USACOE for Mapping Services General Counsel's Report Staff recommended the Board approve and authorize the Executive Director to sign the Memorandum of Agreement with the United States Army Corps of Engineers for aerial mapping services. 21. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval a. Interagency Agreement Between the SWFWMD and FDEP Concerning Applications for Projects Involving Artificial Recharge or the Intentional Introduction of Water into Underground Formations Staff recommended the Board approve the Interagency Agreement Between the Southwest Florida Water Management District and the Florida Department of Environmental Protection Concerning Applications for Projects Involving Artificial Recharge or the Intentional Introduction of Water into Underground Formations. b. Initiation of Litigation Well Construction Violations Gary Woodward WCP Nos , , and Charlotte County Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Staff recommended the Board authorize the initiation of litigation against Well Contractor to obtain compliance with District rules, and seek assessment of civil penalties, including applicable fines and suspension of license, as well as taxable costs and attorney s fees. c. Amendment to Settlement Agreement Unauthorized Construction SWFWMD v. Danny J. Suggs, et al. (5th Judicial Circuit, Case No CA-724); In re: Danny J. Suggs (U.S. Bankruptcy Court, Middle District of Florida, Case No. 3:12-bk-6997-PMG and Adversary Proceeding No. 13-ap-272) Sumter County Packet Pg. 97

117 Minutes of the Meeting April 26, 2016 SWFWMD Governing Board Page 5 of 11 Staff recommended the Board approve an amendment to the settlement agreement with Danny Suggs and Suggs Associated regarding the sequence of events in which the terms of the settlement agreement are to be effectuated, and to delegate authority to the Executive Director to execute such amendment once it has been executed by the Suggs Associated Defendants. 22. Rulemaking None Executive Director's Report 23. Approve Resolution No , Commending David W. Dunbar for His Service as a Member of the Southwest Florida Water Management District Governing Board Staff recommended the Board approve resolution as presented. 24. Approve Governing Board Meeting Minutes - March 29, 2016 Staff recommended the Board approve the minutes as presented. A motion was made and seconded to approve the Consent Agenda as amended. Motion carried unanimously. (Audio 00:05:10) Chair Babb relinquished the gavel to the Resource Management Committee Chair Senft who called the Committee meeting to order. (Audio 00:05:21) Resource Management Committee Discussion 25. Consent Item(s) Moved for Discussion None 26. Regional Water Supply Entity Governance and Amendment to Resolution Mr. Brian Armstrong, Assistant Executive Director, provided a presentation that included: history of the regional water supply authority; Resolution goals and funding; and the entity governance agreement. Mr. Armstrong outlined the terms of the agreement as related to participation in the entity. He reminded the Board the District is not a signatory to this agreement. He stated Resolution (Resolution) was previously approved at the April 2015 Governing Board meeting. The Resolution assisted in promoting regional cooperation between Polk County and the municipal utilities within Polk County. The Resolution appropriated 10 million dollars in FY2015 for the future development of an alternative water supply project; 10 million dollars in FY2016 contingent upon execution of the Entity s Project Plan Agreement(s) no later than June 30, 2015; and 10 million dollars in FY2017, contingent upon Board acceptance and approval of the Entity s governance by April 30, An additional 10 million dollars will be available in FY2018, contingent upon selection and approval of the project by April 30, Mr. George Lindsey, Polk County Commissioner/Chairman of Polk Regional Water Cooperative, introduced representatives from the signatories of the local agreement. These include: City of Bartow; City of Fort Meade; City of Winter Haven; City of Lake Wales; City of Lakeland; City of Davenport; City of Frostproof; City of Dundee; City of Lake Alfred; City of Mulberry; City of Eagle Lake; City of Auburndale; City of Polk City; City of Haines City and Polk County. He added that the Town of Lake Hamilton, although an active participant, has deferred action until a later date. The agreement allows other entities to join within the two year formation. Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Commissioner Lindsey provided an overview of the local agreement and the structure of the Project Board which will consist of separate Project Boards and the voting rights associated with these boards. Packet Pg. 98

118 Minutes of the Meeting April 26, 2016 SWFWMD Governing Board Page 6 of 11 Board Member Senft read a letter from Agricultural Commissioner Adam Putnam into the record. Commissioner Putnam commended the District, Polk County and its municipalities for the efforts related to the Polk Regional Water Cooperative. Staff recommended the Board accept and approve the Entity s governance, and approve of the Amendment to Resolution No A motion was made and seconded to approve the staff s recommendation. Motion carried unanimously. (Audio 00:27:20) 27. Peace River Manasota Regional Water Supply Authority (Authority) Out-of-Cycle Funding Request for Phase 3B Pipeline Preliminary Design (N823) Mr. Mark Hammond, Resource Management Division Director, provided a presentation that included: map of existing line and the proposed Phase 3B pipeline; estimated costs associated with the pipeline; and a map of authority and customer water transmission systems consolidated pipe sizes. Mr. Hammond explained that the estimated costs of the projects is 26,962,000. However, the project costs has been reduced due to half a million dollars of legislative appropriations that were received and some non-eligible land costs associated with the project. The total cost to the District is approximately $12,000,000. This project is a third party review project so there is a 30 percent design clause associated with it. The funding is contingent upon entering into an agreement between the Authority and Sarasota County by June 15. Staff recommended the approval of the expenditures for preliminary design costs for the project from February 1, 2016 to September 30, 2016 as eligible costs for reimbursement in FY2017, contingent upon the Authority and Sarasota County entering into an agreement(s) by June 15, 2016 to implement the project and the District s Governing Board appropriating funds in its FY2017 budget for the project. A motion was made and seconded to approve the staff s recommendation. Motion carried unanimously. (Audio 00:36:37) 28. Tampa Augmentation Project (TAP) Feasibility Study (N751) Mr. Jason Mickel, Water Supply Section Manager, provided a presentation that included: overview of the TAP feasibility study; Option 1 for transmitting reclaimed water; Option 2 recharge recovery system; project budget and schedule. Chair Babb asked about the pilot project that is included in the study. Mr. Brad Baird, City of Tampa Administrator of Public Works & Utility Services, responded that the City of Tampa (City) is planning on doing a pilot wetland at the Howard Curren facility. The City was planning on doing a rapid infiltration basin (RIB), however, it was decided that the hydrogeology and soil conditions will be reviewed prior to deciding on the RIB. Discussion ensued. Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Treasurer Armstrong expressed his concern regarding the possible outcome of the project that could allocate ownership of water supply to a member government. Discussion ensued. Chair Babb stated because of the importance of this topic, he asked Mr. Hammond to provide suggestions for workshops on this issue. Mr. Hammond responded in the affirmative. Packet Pg. 99

119 Minutes of the Meeting April 26, 2016 SWFWMD Governing Board Page 7 of 11 Mr. Beltran reassured the Board the District works very closely with the Tampa Bay Water Authority and the individual members to ensure there are appropriate discussions prior to presenting anything. In addition, he updated the Board on a round table discussion that occurred at the Florida Water Resources Conference. He stated the term reclaimed water is being replaced by the term purified water. He added that four out of the five utilities present were within this District s region. This is representative of the innovative work done in this region. Staff recommended the Board approve staff entering into a cooperative funding agreement with the City of Tampa for the TAP Feasibility Study based on the scope of work presented; and authorize the Executive Director to sign the agreement. A motion was made and seconded to approve the staff s recommendation. Motion carried unanimously. (Audio 00:46:03) Submit & File Reports - None Routine Reports 29. Minimum Flows and Levels Status Report 30. Significant Water Resource and Development Projects Committee Chair Senft adjourned the meeting and relinquished the gavel to the Finance Committee Chair Armstrong who called the Committee meeting to order. (Audio 00:47:51) Finance Committee Discussion 31. Consent Item(s) Moved for Discussion - None 32. Resolution No Declaring April 2016 as Water Conservation Month Ms. Terri Behling, External Affairs Manager, provided a presentation recognizing April as Water Conservation Month. Ms. Behling explained that water conservation is included in the District s Strategic Plan; conservation target goals have been included in the Southern Water Use Caution Area (SWUCA) and in the Central Florida Water Initiative (CFWI) areas. She stated the District is a national leader in per capita. She stated the District has an average of 107 gallons per person/per day; the State of Florida has an average of 137 gallons per person/per day and the nation is 143 gallons per person/per day. Through efforts by the District and its cooperators, there has been a reduction in use of 200 million gallons per day since From 2010 through 2014, the District has spent $3,900,000 on 37 projects. The District has also shared investment of more than one hundred million dollars ($100,000,000) through Cooperative Funding Initiative (CFI) and the Facilitating Agricultural Resource Management Systems (FARMS) programs. Staff recommended the Board approve and sign Resolution No declaring April 2016 as Water Conservation Month. A motion was made and seconded to approve the staff s recommendation. Motion carried unanimously. (Audio 01:01:00) Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) 33. Resolution No Declaring May 15-21, 2016 as Water Reuse Week Ms. Behling provided a presentation recognizing the third week of May as Water Reuse Week to assist in promoting the use of reclaimed water. Ms. Behling explained that reuse is included in the District s Strategic Plan. She stated in the Heartland region there is a target of seventy-five (75) percent utilization to wastewater flows and Packet Pg. 100

120 Minutes of the Meeting April 26, 2016 SWFWMD Governing Board Page 8 of percent offset efficiency by Within the Center Florida Water Initiative (CFWI) there is a 90 percent utilization of wastewater and as of January, the City of Bartow was at 100 percent utilization. The District is a leader in water reuse. She stated the District is at 44 percent reuse utilization compared to 29 percent for the state of Florida and 7 percent for the nation. Since 1987, the District has funded over $435,000,000 for reuse projects, partner funded over $566,000,000 in projects with a combined total investment of over $1,000,000,000. Ms. Behling stated, like conservation, reuse projects are important in the SWUCA and the CFWI. There are over 87 reclaimed projects in the CFWI Regional Water Supply Plan and 5 are identified within the current CFWI Solutions Plan. Staff recommended the Board approve and sign Resolution No declaring May 15-21, 2016 as Water Reuse Week. A motion was made and seconded to approve the staff s recommendation. Motion carried unanimously. (Audio 01:04:31) 34. Investment Strategy Quarterly Update Mr. John Grady, Public Trust Advisors, provided a presentation on the investment strategy quarterly update as of March 31, Mr. Grady outlined changes that occurred with the market. GDP growth was slower in the last quarter from 3.9 percent in the second quarter down to 1.4 percent in the fourth quarter. Housing and jobs continue to be positive. Since October 2013, the District portfolio has had combined gross earnings of $7,900,000. For this quarter, the District portfolio has a combined gross earnings of $1,100,000. This item was presented for the Board s information, and no action is required. Submit & File Reports None Routine Reports 35. Treasurer's Report and Payment Register 36. Monthly Financial Statement 37. Monthly Cash Balances by Fiscal Year 38. Comprehensive Plan Amendment and Related Reviews Report 39. Development of Regional Impact Activity Report 40. Significant Activities Report Committee Chair Armstrong adjourned the meeting and relinquished the gavel to the Regulation Committee Chair Moran who called the Committee meeting to order. (Audio 01:09:07) Regulation Committee Discussion 41. Consent Item(s) Moved for Discussion -None 42. 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. Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Submit & File Reports None Routine Reports 43. Overpumpage Report Packet Pg. 101

121 Minutes of the Meeting April 26, 2016 SWFWMD Governing Board Page 9 of Individual Permits Issued by District Staff - None Committee Chair Moran adjourned the meeting and relinquished the gavel to the Operations, Lands and Resource Monitoring Committee Chair Maggard who called the Committee meeting to order. (Audio 01:09:40) Operations, Lands and Resource Monitoring Committee Discussion 45. Consent Item(s) Moved for Discussion None Committee Chair Maggard recognized and thanked District Staff for their work on the following Consent agenda item: 17. The Cooperative Agreement Between Department of Agriculture and Consumer Services Florida Forest Service and Southwest Florida Water Management District 46. Exchange of Real Property Interests Between the District and Hillsborough County Alafia River Corridor, Little Manatee River Corridor, and the Lower Hillsborough Wilderness Preserve SWF Parcel Nos S, S, S, , S and S Mr. Ken Frink, Director of Operations, Lands and Resource Monitoring, provided a presentation that included: history of the process; statute reference; terms of the exchange; location maps and benefits to the District of this process. Staff recommended the Board: Approve the Exchange and Restoration Agreement between the District and Hillsborough County which includes the terms of a conservation easement to be conveyed to the County. Authorize staff to execute any other documents necessary to complete the transaction. A motion was made and seconded to approve the staff s recommendation. Motion carried unanimously. (Audio 01:16:46) 47. Hydrologic Conditions Report Mr. Granville Kinsman, Hydrologic Data Manager, presented the hydrologic conditions report. He stated the recent drier-than-normal weather pattern is continuing. Groundwater and lake levels and stream flow are all declining, but remain in the normal to above-normal range within the District. The Hillsborough Reservoir is considered full, but both the Bill Young and Peace River Reservoirs have shown slight declines due to recent operational procedures. The Climate Prediction Center is forecasting above-normal rainfall for May through July. The forecast has firmly shifted to transition to neutral conditions, then La Niña development this winter, which would result in drier-than-normal conditions through spring of next year. 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. Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) This item is presented for the Board s information, and no action is required. Submit & File Reports 48. Surplus Lands Biennial Assessment Quarterly Update Routine Reports 49. Structure Operations 50. Significant Activities Packet Pg. 102

122 Minutes of the Meeting April 26, 2016 SWFWMD Governing Board Page 10 of 11 Committee Chair Maggard adjourned the meeting and relinquished the gavel. (Audio 01:23:23) General Counsel s Report Discussion 51. Consent Item(s) Moved for Discussion None 60. Oakford - Settlement Proposal Ms. Karen West, General Counsel, explained this was a compliance issue for unauthorized construction activities in During the compliance process, the owners filed for bankruptcy action. The owners agreed to a lien in the bankruptcy settlement to the District in the amount of $17,700. In addition, damages to accrue in the amount of $250 per day until the compliance issues were resolved. The final amount of the settlement is $179, This includes $17,700 in penalties and interest; $1,837 in interest and $127,250 in damages. The property was foreclosed on and has a partial property sale pending. The proposed purchaser is requesting a warranty deed and the title must be cleared in order to close on the property. The current owner has offered the District $25,000 in order to release the lien on a third of the property. The lien will still apply to the remainder of the property. Board Member Henslick cited a possible conflict of interest and recused himself from voting. Staff recommended the Board accept the $25,000, authorize the Executive Director to execute a satisfaction of lien on a portion of the property and authorize any other documents that may be required. A motion was made and seconded to approve the staff s recommendation. Motion carried with ten votes in favor and Board Member Henslick abstaining from the vote. (Audio 01:27:15) Ms. West also updated the Board that the District received an order from the Second District Court of Appeal that dismissed the appeal by the Skyway Trap and Skeet Club against the District and denial of the attorney fees. Submit & File Reports None Routine Reports 52. April Litigation Report 53. April 2016 Rulemaking Update Committee/Liaison Reports 54. Environmental Advisory Committee (EAC) Board Member Griffin provided an update of the meeting that occurred on April 19. She stated the members of the EAC asked that an item be presented at a future Governing Board meeting on seagrass monitoring and funding. Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Packet Pg. 103

123 Minutes of the Meeting April 26, 2016 SWFWMD Governing Board Page 11 of Other Committee/Liaison Reports Board Members were provided a written summary of the April 13 Well Drillers Advisory Committee meeting. Executive Director s Report 56. Executive Director's Report Mr. Robert Beltran, Executive Director, stated the District and Tampa Bay Water (TBW) have been able to foster a positive relationship that is allowing for communication that is beneficial to both the District and TBW. Mr. Beltran also made the Board aware that the District is considering the potential release of some water from the Lake Hancock project as conditions are changing. This situation is being monitoring closely by staff. Chair s Report 57. Chair's Report Chair Babb thanked Mr. David Dunbar for his service on the Board. 58. Other The May 24 meeting is in the Tampa office, the June 28 meeting is in the Brooksville Office, and the July 26 meeting will be in the Tampa Office. 59. Employee Milestones This item was presented for the Board s information, and no action was required. The meeting was adjourned at 11:30 a.m. Attest: Secretary Chair Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Packet Pg. 104

124 Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Packet Pg. 105

125 Attachment: GB draft (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Packet Pg. 106

126 Attachment: SWFWMD Disclosure (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Packet Pg. 107

127 Attachment: SWFWMD Disclosure (2445 : Approve Governing Board Meeting Minutes - April 26, 2016) Packet Pg. 108

128 C. Finance/Outreach & Planning

129 Governing Board Meeting May 24, 2016 FINANCE/OUTREACH & PLANNING COMMITTEE Discussion Items 21. Consent Item(s) Moved for Discussion 22. District Social Media Update...(10 minutes) Self-Funded Health Insurance Plan Quarterly Update...(15 minutes) Fiscal Year Ad Valorem New Growth Projections...(15 minutes) Submit & File Reports - None Routine Reports 25. Treasurer s Report and Payment Register Monthly Financial Statement Monthly Cash Balances by Fiscal Year Comprehensive Plan Amendment and Related Reviews Report Development of Regional Impact Activity Report Significant Activities Report...139

130 Item 21 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Discussion Item Consent Item(s) Moved for Disussion Staff Recommendation: Presenter: David Rathke, Chief of Staff Packet Pg. 109

131 Item 22 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Discussion Item District Social Media Update Purpose To present an update on the District s social media messaging. Staff will summarize how the District delivers messages through social media, the growth since joining and the benefits. Background/History Social media has become a key tool in communications to reach the public in this digital age. It is used to inform the public about news, events, updates and features on District projects. The District joined social media in 2009 with Facebook and Twitter accounts. Since then, the District has expanded to a total of seven platforms. The District has about 9,000 followers on its two most popular platforms and in Fiscal Year 2015 reached 1.3 million people with its social media messages. The growth has been achieved with an emphasized effort to be strategic about the social media content created, posted and promoted. The platforms offer a variety of content including articles, photo galleries, videos and infographics. The District s social media efforts have been recognized by public relations industry organizations on the local, state and national level. Staff Recommendation: This item is for the Board's information only, and no action is required. Presenter: Michele Sager, Senior Communications Coordinator Packet Pg. 110

132 Item 23 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Discussion Item Self-Funded Health Insurance Plan - Quarterly Update Purpose Provide quarterly update of the District s Self-funded Health Insurance Plan. Background The District moved to a self-funded Health Insurance Plan for calendar year On October 27, 2015, staff presented a recommendation to move to a self-funded Health Insurance Plan for calendar year 2016 and adopt a resolution to commit funds in the amount of $1.7 million as a Health Insurance Reserve Fund. The Board approved this action and Resolution No This item will provide the first quarterly update (January - March 2016) for the Self-funded Health Plan. Future updates will be provided quarterly. In a self-funded plan, the insurance company estimates the amount of claims it expects from the District for the upcoming year just as in the fully-funded scenario. The self-funded plan differs in that the District is responsible for paying the claims. If the claims are less than anticipated, the District has additional cash flow or savings to invest. If the claims are greater than anticipated, the District is responsible. To mitigate this risk the District purchased Stop Loss insurance that will cover higher-than-anticipated claims. The insurance company is paid to cover the costs of administering the plan, processing the claims, stop loss insurance, and some level of profit margin. Staff Recommendation: Presented for the Committee s information. No action required. Presenter: John J. Campbell, Division Director, Management Services and Patrick Herman, Office Chief, Human Resources and Risk Management Packet Pg. 111

133 Item 24 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Discussion Item Fiscal Year Ad Valorem New Growth Projections Purpose To present the updated New Construction Ad Valorem Planning Model. Background The general budget assumptions were presented and approved at the October 27, 2015 Governing Board meeting for development of the fiscal year (FY) Preliminary Budget. This included the millage rate based on a rolled-back millage model and revenue based on a projected 2 percent increase in new unit construction. Discussion During FY a new unit construction model was developed and presented to the Board. The New Construction Ad Valorem Model has been updated with the most recent market trends and the results will be presented today. The ad valorem rolled-back millage rate will be adjusted in July based on the new construction values provided by the 16-County Property Appraisers for preparation of the District s FY Tentative Budget. Staff Recommendation: Approve the ad valorem tax revenue based on the updated new unit construction projection for development of the Recommended Annual Service Budget. Presenter: John J. Campbell, Division Director, Management Services, and Linda S. Howard, Bureau Chief, Finance Packet Pg. 112

134 Item 25 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Routine Report Treasurer's Report and Payment Register Purpose Presentation of the Treasurer's Report and Payment Register. Background In accordance with Board Policy 130-3, District Investment Policy, a monthly report on investments shall be provided to the Governing Board. The Treasurer s Report as of April 30, 2016, reflects total cash and investments. In accordance with Board Policy 130-1, Disbursement of Funds, all general checks written during a period shall be reported to the Governing Board at its next regular meeting. The Payment Register listing disbursements since last month's report is available upon request. The Payment Register includes checks and electronic fund transfers (EFTs). Staff Recommendation: These items are presented for the Committee's information, and no action is required. Presenter: Linda S. Howard, Bureau Chief, Finance Packet Pg. 113

135 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TREASURER'S REPORT TO THE GOVERNING BOARD April 30, 2016 CUSTODIAN HELD INVESTMENTS EFFECTIVE ACCOUNT ACCOUNT INTEREST AMORTIZED MARKET ACCRUED % OF NUMBER DESCRIPTION RATE (%) COST VALUE INTEREST PORTFOLIO PFM ASSET MANAGEMENT SWFWMD-Core Portfolio ( ) (see Attachment A) Investments 1.09 $151,208,905 $151,868,280 $425, Cash / Money Market Fund ,535,853 2,535,853 0 SWFWMD- 1-5 Year Portfolio ( ) (see Attachment B) $153,744,758 $154,404,133 $425, Investments 1.32 $49,946,741 $50,352,318 $107,995 PUBLIC TRUST ADVISORS (see Attachment C) Total PFM $203,691,499 $204,756,451 $533, Investments 0.81 $197,132,286 $197,429,401 $468, Cash / Money Market Fund , ,695 0 Subtotal PTA $197,775,981 $198,073,096 $468, Accounts Receivable-Trade date prior to 4/30/16, Settlement date after 4/30/16 6,038,545 6,038,545 0 Total PTA $203,814,526 $204,111,641 $468, TOTAL CUSTODIAN HELD INVESTMENTS $407,506,025 $408,868,092 $1,002, STATE BOARD OF ADMINISTRATION (SBA) INVESTMENT ACCOUNTS EFFECTIVE ACCOUNT ACCOUNT INTEREST PURCHASE MARKET ACCRUED % OF NUMBER DESCRIPTION RATE (%) COST VALUE INTEREST PORTFOLIO Packet Pg. 114 STATE BOARD OF ADMINISTRATION Florida PRIME (Formerly Local Government Investment Pool) SBA General Investments 0.59 $75,350,717 $75,350, SBA Land Resources ,352,694 5,352, SBA Advanced State Funding (Eco System Trust Fund) ,010,143 1,010, SBA Advanced State Funding (FDOT) ,560,189 12,560, SBA Advanced State Funding (WRAP) , , SBA Advanced State Funding (WPSTF AWS) ,663 53,663 TOTAL STATE BOARD OF ADMINISTRATION (SBA) ACCOUNTS $94,608,774 $94,608, Attachment: FO&P-FIN Exhibit Treas Rpt APR2016 (2439 : Treasurer's Report and Payment Register)

136 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TREASURER'S REPORT TO THE GOVERNING BOARD April 30, 2016 TOTAL INVESTMENTS CASH, SUNTRUST DEMAND ACCOUNT (1) TOTAL CASH AND INVESTMENTS $502,114,799 $503,476, (4,340,989) (4,340,989) $497,773,810 $499,135,877 Weighted average yield on portfolio at April 30, 2016 is 0.89%. (1) Excess funds from the District's SunTrust Bank Demand Account are transferred to the District's Floride PRIME account daily. This may result in a negative book balance. However, a positive bank balance is maintained at all times. EQUITY - CASH AND INVESTMENTS DISTRICT AND BASINS District General Fund 398,157, % Restricted for Alafia River Basin 2,791, % Restricted for Hillsborough River Basin 45,120, % Restricted for Coastal Rivers Basin 1,375, % Restricted for Pinellas-Anclote River Basin 18,597, % Restricted for Withlacoochee River Basin 3,786, % Restricted for Peace River Basin 3,934, % Restricted for Manasota Basin 6,978, % Total District General Fund $480,742, % FDOT Mitigation Program 11,917, % Florida Forever Program 5,113, % TOTAL EQUITY IN CASH AND INVESTMENTS $497,773, % Packet Pg. 115 Attachment: FO&P-FIN Exhibit Treas Rpt APR2016 (2439 : Treasurer's Report and Payment Register)

137 Attachment: FO&P-FIN Exhibit Treas Rpt APR2016 (2439 : Treasurer's Report and Payment Register)

138 Attachment: FO&P-FIN Exhibit Treas Rpt APR2016 (2439 : Treasurer's Report and Payment Register)

139 Attachment: FO&P-FIN Exhibit Treas Rpt APR2016 (2439 : Treasurer's Report and Payment Register)

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144 Security Type GASB 40 Trade Date SWFWMD (37141) As of 04/30/2016 Return to Table of Contents Dated: 05/03/2016 AGCY BOND Identifier, Description, Security Type 3137EADS5 FREDDIE MAC AGCY BOND 3130A42K7 FEDERAL HOME LOAN BANKS AGCY BOND 3137EADX4 FEDERAL HOME LOAN MORTGAGE CORP AGCY BOND 3133EDXA5 FEDERAL FARM CREDIT BANKS FUNDING CORP AGCY BOND 3133EFEM5 FEDERAL FARM CREDIT BANKS FUNDING CORP AGCY BOND 3137EACA5 FREDDIE MAC AGCY BOND 3137EADV8 FREDDIE MAC AGCY BOND 3130A6SW8 FEDERAL HOME LOAN BANKS AGCY BOND 3130A6SW8 FEDERAL HOME LOAN BANKS AGCY BOND Coupon Type Callable Duration S&P Rating, Moody's Rating Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Current Units Effective Maturity, Final Maturity 7,000, /14/ /14/2016 8,750, /02/ /02/2017 5,000, /15/ /15/2017 2,000, /10/ /10/2017 2,750, /25/ /25/2017 5,000, /27/ /27/2019 5,000, /14/ /14/2017 7,400, /19/ /19/2017 3,000, /19/ /19/2017 Book Yield, Yield Accrued Balance Book Value, Book Value + Accrued 2, ,009, ,012, , ,751, ,765, , ,995, ,015, , ,004, ,005, , ,754, ,757, , ,362, ,380, , ,000, ,011, , ,385, ,412, , ,000, ,011, Market Value, Market Value + Accrued 7,010, ,013, ,762, ,776, ,014, ,034, ,010, ,011, ,753, ,755, ,393, ,411, ,003, ,014, ,423, ,450, ,009, ,020, Attachment: FO&P-FIN Exhibit Treas Rpt APR2016 (2439 : Treasurer's Report and Payment Register)

145 Security Type GASB 40 Trade Date SWFWMD (37141) As of 04/30/2016 Return to Table of Contents Dated: 05/03/2016 Identifier, Description, Security Type 3130A6SW8 FEDERAL HOME LOAN BANKS AGCY BOND PV2 FEDERAL HOME LOAN BANKS AGCY BOND EC7 FEDERAL HOME LOAN BANKS AGCY BOND 3137EADN6 FREDDIE MAC AGCY BOND 3137EADN6 FREDDIE MAC AGCY BOND 3130A3W26 FEDERAL HOME LOAN BANKS AGCY BOND Coupon Type Callable Duration S&P Rating, Moody's Rating Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Current Units Effective Maturity, Final Maturity 1,500, /19/ /19/ ,000, /09/ /09/2016 1,500, /08/ /08/2017 7,000, /12/ /12/2018 3,000, /12/ /12/ ,000, /30/ /30/2016 Book Yield, Yield Accrued Balance Book Value, Book Value + Accrued 5, ,498, ,503, , ,056, ,120, , ,498, ,500, , ,974, ,989, , ,989, ,995, , ,000, ,016, Market Value, Market Value + Accrued 1,504, ,510, ,066, ,130, ,500, ,501, ,990, ,006, ,996, ,002, ,002, ,019, AGCY BOND Fixed N AA+ Aaa 78,900, /01/ /01/ , ,282, ,499, ,442, ,660, CORP Identifier, Description, Security Type AY0 JOHNSON & JOHNSON CORP 89114QAQ1 TORONTO DOMINION BANK CORP AH3 APPLE INC CORP AH3 APPLE INC CORP AF7 APPLE INC CORP BX8 BERKSHIRE HATHAWAY FINANCE CORP CORP 05253JAF8 AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD (NEW CORP 94988J5A1 WELLS FARGO BANK NA CORP CA7 BERKSHIRE HATHAWAY FINANCE CORP CORP 78010UNX1 ROYAL BANK OF CANADA CORP 89233P5E2 TOYOTA MOTOR CREDIT CORPORATION CORP Coupon Type Callable Duration S&P Rating, Moody's Rating Fixed N AAA Aaa Fixed N AA- Aa1 Fixed N AA+ Aa1 Fixed N AA+ Aa1 Floating N AA+ Aa1 Current Units Effective Maturity, Final Maturity 2,700, /15/ /15/2016 2,000, /02/ /02/2017 3,000, /03/ /03/2016 3,000, /03/ /03/2016 3,265, /03/ /03/2016 Fixed N AA Aa2 5,000, /15/ /15/2016 Fixed N AA- Aa2 Fixed N AA- Aa2 4,000, /13/ /13/2017 2,000, /22/ /22/2018 Floating N AA Aa2 4,000, /10/ /10/2017 Fixed N AA- Aa3 Fixed N AA- Aa3 5,000, /23/ /23/ ,000, /15/ /15/2016 Book Yield, Yield Accrued Balance Book Value, Book Value + Accrued 26, ,701, ,728, , ,997, ,008, , ,999, ,006, , ,999, ,006, , ,265, ,270, , ,003, ,013, , ,999, ,018, , ,999, ,007, , ,000, ,001, , ,004, ,021, , ,045, ,071, Market Value, Market Value + Accrued 2,701, ,728, ,002, ,013, ,000, ,006, ,000, ,006, ,265, ,270, ,003, ,013, ,001, ,020, ,016, ,024, ,002, ,003, ,012, ,028, ,048, ,073, Attachment: FO&P-FIN Exhibit Treas Rpt APR2016 (2439 : Treasurer's Report and Payment Register)

146 Security Type GASB 40 Trade Date SWFWMD (37141) As of 04/30/2016 Return to Table of Contents Dated: 05/03/2016 Identifier, Description, Security Type EK8 BANK OF NOVA SCOTIA CORP 36962G7J7 GENERAL ELECTRIC CAPITAL CORP CORP 94974BGB0 WELLS FARGO & CO CORP Coupon Type Callable Duration S&P Rating, Moody's Rating Fixed N A+ Aa3 Fixed Y 0.96 AA+ A1 Current Units Effective Maturity, Final Maturity 2,000, /11/ /11/2017 1,150, /13/ /15/2017 Fixed N 1.34 A A2 2,000, /08/ /08/2017 Book Yield, Yield Accrued Balance Book Value, Book Value + Accrued 1, ,999, ,000, , ,149, ,156, , ,999, ,003, Market Value, Market Value + Accrued 2,004, ,005, ,154, ,161, ,005, ,009, CORP AA- Aa2 49,115, /21/ /22/ , ,166, ,316, ,216, ,366, CP Identifier, Description, Security Type 19422FES1 Collateralized Commercial Paper Co., LLC CP Coupon Type Callable Duration S&P Rating, Moody's Rating NA N A-1 P-1 Current Units Effective Maturity, Final Maturity 5,000, /26/ /26/2016 Book Yield, Yield Accrued Balance Book Value, Book Value + Accrued ,997, ,997, Market Value, Market Value + Accrued 4,982, ,982, FES1 Collateralized Commercial Paper Co., LLC CP NA N A-1 P-1 5,000, /26/ /26/ ,997, ,997, ,982, ,982, FNMA Identifier, Description, Security Type 3136AJB21 FN-14M04A-AQ2 FNMA 31398NXX7 FN-10M5-A2 FNMA Coupon Type Callable Duration S&P Rating, Moody's Rating Fixed N AA+ Aaa Fixed N AA+ Aaa Current Units Effective Maturity, Final Maturity 773, /24/ /25/ , /02/ /25/2020 Book Yield, Yield Accrued Balance Book Value, Book Value + Accrued , , , , Market Value, Market Value + Accrued 773, , , , FNMA Fixed N AA+ Aaa 1,062, /24/ /10/ , ,066, ,067, ,065, ,066, MMFUND Identifier, Description, Security Type 60934N104 FEDR GOV OBLIGATIONS CL IS MMF MMFUND Coupon Type Callable Duration S&P Rating, Moody's Rating Fixed N 0.00 AAAm Aaa Current Units Effective Maturity, Final Maturity 643, /30/ /30/2016 Book Yield, Yield Accrued Balance Book Value, Book Value + Accrued , , Market Value, Market Value + Accrued 643, , N104 FEDR GOV OBLIGATIONS CL IS MMF MMFUND Fixed N 0.00 AAAm Aaa 643, /30/ /30/ , , , , US GOV 14 Attachment: FO&P-FIN Exhibit Treas Rpt APR2016 (2439 : Treasurer's Report and Payment Register)

147 Security Type GASB 40 Trade Date SWFWMD (37141) As of 04/30/2016 Return to Table of Contents Dated: 05/03/2016 Identifier, Description, Security Type UR9 UNITED STATES TREASURY US GOV J68 UNITED STATES TREASURY US GOV WH9 UNITED STATES TREASURY US GOV VL1 UNITED STATES TREASURY US GOV F47 UNITED STATES TREASURY US GOV VR8 UNITED STATES TREASURY US GOV PF1 UNITED STATES TREASURY US GOV XP0 UNITED STATES TREASURY US GOV XA3 UNITED STATES TREASURY US GOV Coupon Type Callable Duration S&P Rating, Moody's Rating Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Fixed N 0.42 AA+ Aaa Fixed N AA+ Aaa Fixed N 1.47 AA+ Aaa Fixed N AA+ Aaa Fixed N AA+ Aaa Current Units Effective Maturity, Final Maturity 2,250, /28/ /28/2018 7,000, /15/ /15/2018 2,900, /15/ /15/2017 7,500, /15/ /15/ ,225, /30/ /30/2016 5,000, /15/ /15/2016 9,850, /31/ /31/ ,250, /31/ /31/2017 7,500, /15/ /15/2018 Book Yield, Yield Accrued Balance Book Value, Book Value + Accrued 2, ,249, ,252, , ,003, ,012, , ,901, ,913, , ,502, ,516, , ,226, ,231, , ,998, ,004, ,002, ,003, , ,236, ,252, , ,498, ,532, Market Value, Market Value + Accrued 2,249, ,252, ,030, ,039, ,907, ,919, ,504, ,518, ,229, ,233, ,004, ,010, ,020, ,021, ,245, ,261, ,529, ,564, UNITED STATES TREASURY US GOV Fixed N AA+ Aaa 62,475, /17/ /17/ , ,620, ,719, ,721, ,820, Summary Identifier, Description, Security Type Coupon Type Callable Duration S&P Rating, Moody's Rating Current Units Effective Maturity, Final Maturity Book Yield, Yield Accrued Balance Book Value, Book Value + Accrued Market Value, Market Value + Accrued AA Aa1 197,196, /20/ /22/ , ,775, ,244, ,073, ,541, * Grouped By: Security Type. * Groups Sorted By: Security Type. * Filtered By: Description "Payable" and Description "Receivable". * Weighted By: Market Value + Accrued. 15 Attachment: FO&P-FIN Exhibit Treas Rpt APR2016 (2439 : Treasurer's Report and Payment Register)

148 Item 26 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Routine Report Monthly Financial Statement Purpose Presentation of the April 30, 2016, monthly financial statement. Background In accordance with Sections (4)(e) and (12), Florida Statutes, relating to state financial information with certain financial transparency requirements, the District is submitting a Statement of Sources and Uses of Funds for the Seven Months Ended April 30, Staff Recommendation: This item is presented for the Committee s information, and no action is required. Presenter: Linda S. Howard, Bureau Chief, Finance Packet Pg. 127

149 Statement of Sources and Uses of Funds For the Seven Months Ended April 30, 2016 The attached Statement of Sources and Uses of Funds statement is provided for your review. This financial statement provides summary-level revenues (i.e., sources) and expenditures by program (i.e., uses). This unaudited financial statement is provided as of April 30, 2016, with 58.3 percent of the fiscal year completed. This financial statement compares revenues recognized and encumbrances/expenditures made against the District s FY available budget of $324.9 million. Encumbrances represent orders for goods and services which have not yet been received. Revenues (Sources) Status: Overall, as of April 30, 2016, 85 percent of the District s budgeted revenues/balances have been recognized. As of April 30, 2016, the District has received $99.9 million of ad valorem tax revenue representing 96 percent of the budgeted amount. This is in-line with the seven month prior year collection rates of 95 percent for both FY and FY The budget represents 96 percent of the taxable property values as certified by the District s sixteen counties multiplied by the Governing Board approved millage rate. Projections are based on historical collections. Intergovernmental Revenues are recognized at the time related expenditures are incurred. For FY , $2.9 million in revenues has been recognized, representing 6 percent of the budgeted amount. From year to year, the budgeted amount of intergovernmental revenue compared to the recognized amount can fluctuate for various reasons; projects can be in the planning stages and have not incurred a significant amount of expenditures, or anticipated projects may be canceled (e.g., cooperative funding projects). The FY interest earnings budget was based on a 0.70 percent expected rate of return. The District s investment portfolio at April 30, 2016, is earning a weighted average yield of 0.89 percent. For the seven months ended April 30, 2016, the District has earned 0.86 percent yield on its investments. Interest earnings on invested funds in the amount of $2.4 million, have been recognized representing 78 percent of the budgeted amount. License and Permit Fees consist of revenue from water use permits, environmental resource permits, water well construction permits, and water well construction licenses. Revenue recognized represents 59 percent of the budgeted amount as of April 30, As of April 30, 2016, other revenue earned is 456 percent of budgeted amount. Each year, items that fall within the Other revenue category are budgeted conservatively due to the uncertainty of the amounts to be collected. For example, revenues from timber sales, hog hunts, insurance recoveries, legal settlements and the sale of fixed assets can vary significantly from year to year. The majority of the increase is due to a recent legal settlement of $2 million along with consent order settlement fees of approximately $156,000 and Florida Blue wellness incentive funds of $125,000. Attachment: FO&P-FIN Exhibit-Mo Financial Stmt APR2016 (2440 : Monthly Financial Statement) Packet Pg. 128

150 Statement of Sources and Uses of Funds For the Seven Months Ended April 30, Fund Balance consists of balance from prior years (budgeted for the current year) plus fund balance associated with the ad valorem funded encumbrances that rolled into the current year. Expenditures (Uses) Status: Overall, as of April 30, 2016, the District had obligated 65 percent of its total budget. Summary of Expenditures by Program This financial statement illustrates the effort to date for each of the District s six statutory program areas (Section (5)(e)4, Florida Statutes). A discussion of the expenditures by program follows. The Water Resource Planning and Monitoring Program includes all water management planning, including water supply planning, development of minimum flows and levels, and other water resource planning; research, data collection, analysis, and monitoring; and technical assistance (including local and regional plan and program review). Of the $41.6 million budgeted for this program, the District has obligated 66 percent of the budget (31 percent expended and 35 percent encumbered). The Land Acquisition, Restoration and Public Works Program includes the development and construction of all capital projects (except for those contained in the Operation and Maintenance of Works and Lands Program), including water resource development projects/water supply development assistance, water control projects, and support and administrative facilities construction, land acquisition (i.e., Florida Forever program), and the restoration of lands and water bodies. Of the $224 million budgeted for this program, the District has obligated 68 percent of the budget (6 percent expended and 62 percent encumbered). The Operation and Maintenance of Works and Lands Program includes all operation and maintenance of facilities, flood control and water conservation structures, lands, and other works authorized by Chapter 373, Florida Statutes. Of the $21.6 million budgeted for this program, the District has obligated 46 percent of the budget (35 percent expended and 11 percent encumbered). The Regulation Program includes water use permitting, water well construction permitting, water well contractor licensing, environmental resource and surface water management permitting, permit administration, compliance and enforcement, and any delegated regulatory program. Of the $20.7 million budgeted for this program, the District has obligated 59 percent of the budget (46 percent expended and 13 percent encumbered). The Outreach Program includes all environmental education activities, such as water conservation campaigns and water resources education; public information activities; all lobbying activities relating to local, regional, state, and federal governmental affairs; and all public relations activities and advertising in any media. Of the $2.5 million budgeted for this program, the District has obligated 54 percent of the budget (27 percent expended and 27 percent encumbered). Attachment: FO&P-FIN Exhibit-Mo Financial Stmt APR2016 (2440 : Monthly Financial Statement) Packet Pg. 129

151 Statement of Sources and Uses of Funds For the Seven Months Ended April 30, The Management and Administration Program includes executive management, executive support, governing board support, ombudsman, general counsel, inspector general, administrative support (general), procurement, finance, human resources, and risk management. Of the $14.5 million budgeted for this program, the District has obligated 66 percent of the budget (57 percent expended and 9 percent encumbered). Based on the financial activities for the seven months ended April 30, 2016, the financial condition of the District is positive and budget variances are generally favorable. There are no reported or identified major trends, conditions or variances that warrant additional management attention. Attachment: FO&P-FIN Exhibit-Mo Financial Stmt APR2016 (2440 : Monthly Financial Statement) Packet Pg. 130

152 Southwest Florida Water Management District Statement of Sources and Uses of Funds For the Seven Months Ended April 30, 2016 (Unaudited) Actuals Variance Actuals As A Current Through (under)/over % of Budget Budget 4/30/2016 Budget (rounded) Sources Ad Valorem Property Taxes $ 104,036,884 $ 99,947,252 $ (4,089,632) 96% Intergovernmental Revenues 49,685,684 2,949,025 (46,736,659) 6% Interest on Invested Funds 3,100,000 2,432,204 (667,796) 78% License and Permit Fees 1,500, ,295 (609,705) 59% Other 560,700 2,556,284 1,995, % Fund Balance 166,050, ,050, % Total Sources $324,933,749 $ 274,825,541 $ (50,108,208) 85% Current Available % Expended % Obligated 2 Budget Expenditures Encumbrances 1 Budget (rounded) (rounded) Uses Water Resource Planning and Monitoring $ 41,581,698 $ 12,683,954 $ 14,942,045 $ 13,955,699 31% 66% Land Acquisition, Restoration and Public Works 224,018,412 12,409, ,092,345 72,516,302 6% 68% Operation and Maintenance of Works and Lands 21,548,987 7,526,695 2,377,198 11,645,094 35% 46% Regulation 20,723,818 9,493,418 2,799,673 8,430,727 46% 59% Outreach 2,548, , ,223 1,177,950 27% 54% Management and Administration 14,512,418 8,231,532 1,336,201 4,944,685 57% 66% Total Uses $324,933,749 $ 51,029,607 $161,233,685 $ 112,670,457 16% 65% 1 Encumbrances represent unexpended balances of open purchase orders and contracts. 2 Represents the sum of expenditures and encumbrances as a percentage of the current budget. This unaudited preliminary financial statement is prepared as of April 30, 2016, and covers the interim period since the most recent audited financial statements. Packet Pg. 131 Attachment: FO&P-FIN Exhibit-Mo Financial Stmt APR2016 (2440 : Monthly Financial Statement)

153 Item 27 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Routine Report Monthly Cash Balances by Fiscal Year Purpose To provide a schedule of monthly cash balances by fiscal year, updated to reflect the cash balance as of April 30, Background This routine report has been developed to allow the Governing Board to easily monitor the District s cash balances at each month-end and in comparison with monthly cash balances for the last five fiscal years. This trend information will become more important as the District s budget declines and reserves are utilized for projects. Staff Recommendation: This item is presented for the Committee s information, and no action is required. Presenter: Linda S. Howard, Bureau Chief, Finance Packet Pg. 132

154 Southwest Florida Water Management District Monthly Cash Balances by Fiscal Year (FY FY and FY To-Date) $800M FY $750M FY $700M FY $650M $600M FY $550M FY $500M FY $450M $400M September of Previous Fiscal Year October November December January February March April May June July August September Packet Pg. 133 Attachment: FO&P-FIN Exhibit-Mo Cash Balances by FY-APR2016 (2441 : Monthly Cash Balances by Fiscal Year)

155 Item 28 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Routine Report Comprehensive Plan Amendment and Related Reviews Report Purpose This report is provided for the Committee s information and shows District activity in the review of Local Government Comprehensive Plans and Amendments. Staff updates the report monthly. Background/History The water management districts provide technical and policy information on water resources and water resource management to local governments as they prepare amendments to their local government comprehensive plans. This information encompasses various areas of water resource management, including water supply, flood protection and water quality, and is intended to support sound land use decisions. Statutory directives for this assistance include Section , F.S., Technical Assistance to Local Governments, and Section , F.S., Process for Adoption of Comprehensive Plan or Plan Amendments. Under Section 163 F.S., substantially revised in 2011, if important state resources and facilities are to be adversely impacted, the water management districts and other State reviewing agencies must state with specificity how the plan amendment will adversely impact the resource or facility and must include measures that the local government may take to eliminate, reduce, or mitigate the impacts. Any plan amendment comments provided by a water management district and/or other State agencies that are not resolved may be challenged by the Department of Economic Opportunity (DEO). Benefits/Costs The benefits of the District s local government technical assistance program are to ensure local government elected officials have sound water resource technical and policy information as they amend their local government comprehensive plans. This helps to ensure local plans are compatible with the District s plans, programs and statutory direction. Costs for this program primarily include staff time and are budgeted in Fund 10 (Governing Board). Staff Recommendation: This item is provided for the Committee s information, and no action is required. Presenter: Colleen Thayer, Bureau Chief, Public Affairs Packet Pg. 134

156 Local Government Comprehensive Plan Amendment and Related Reviews Report As of May 5, 2016 Project Amendment Type Assigned Completed Description 10YWSFWP Auburndale 16-1 ESR 3/16/2016 4/19/2016 Map amendments. Comments addressed water conservation, reuse and encouraged early regulatory coordination. Avon Park 16-1 ESR 4/20/2016 Map amendment. Charlotte 16-1 ESR 3/28/2016 3/24/2016 Text amendment. No substantive comments. Citrus County 16-2 ESR 4/18/2016 5/3/2016 Text amendment. No substantive comments. Clearwater 16-2 ESR 5/2/2016 Map amendment. Dunnellon 16-1 EAR-based 4/4/2016 4/27/2016 Evaluation and Appraisal amendments. Comments addressed need for a potable water analysis and complimented City on its inclusion of a number of policies benefitting the Rainbow River system. Haines City 16-1 ESR 3/24/2016 4/19/2016 Two map amendments. Comments included need for a potable water analysis, and encouraged water conservation, use of low impact development principles in sensitive areas and early regulatory coordination. Also provided information for the onsite well. Hillsborough 16-1 ESR 3/6/2016 4/12/2016 Text and map amendments. No substantive comments. Hillsborough 16-2 ESR 5/1/2016 Text amendment. Inverness 16-1 EAR-based 3/7/2016 4/1/2016 Evaluation and Appraisal amendments. No substantive comments. Lake County 16-2 ESR 4/25/2016 Text amendment. Lake County 16-3 ESR 4/25/2016 Text amendment. Lake Wales 16-1 ESR 4/18/2016 Map amendment. Lake Wales 16-2 ESR 4/20/2016 Map amendment. Lakeland 16-2 ESR 3/17/2016 4/1/2016 Text amendment. No substantive comments. New Port Richey 16-1 ESR 4/19/2016 Text amendment. Pasco 16-3 ESR 4/6/2016 4/29/2016 Map amendment. Comments addressed need for a potable water analysis and encouraged water conservation implementation. Pasco 16-4 ESR 5/3/2016 Map amendment. Attachment: CPARR (2469 : Comprehensive Plan Amendment and Related Reviews Report) Packet Pg. 135

157 Project Amendment Type Assigned Completed Description 10YWSFWP Sarasota 16-1 ESR 4/1/2016 4/27/2016 Map amendment. Comments addressed need for a potable water analysis, and encouraged maximizing water conservation and early regulatory coordination. Sarasota County 16-2 ESR 4/22/2016 Text and map amendments. St Petersburg 16-2 ESR 3/29/2016 4/21/2016 Map amendment. Encouraged City to examine water supply LOS during the development of its water supply work plan. St Petersburg Beach 16-1 ESR 4/26/2016 Text amendments. Sumter 16-2 ESR 4/11/2016 5/5/2016 Map amendment. No substantive comments. Sumter 16-3 ESR 4/27/2016 Map amendment. Treasure Island 16-1 ESR 4/11/2016 Map amendment. Treasure Island 16-2 ESR 4/11/2016 Map amendment. Wildwood 16-1 ESR 3/1/2016 3/15/2016 Text amendments. No substantive comments. Attachment: CPARR (2469 : Comprehensive Plan Amendment and Related Reviews Report) Packet Pg. 136

158 Item 29 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Routine Report Development of Regional Impact Activity Report Purpose This report is provided for the Committee s information and shows District activity in the review of Developments of Regional Impact (DRIs). Staff updates the report monthly. Background/History The water management districts participate with other State agencies in the review of DRIs, pursuant to Section , Florida Statutes. A DRI is defined as any development which, because of its character, magnitude or location, would have a substantial effect upon the health, safety or welfare of citizens of more than one county. A set of statewide guidelines and standards (thresholds) has been adopted by rule that is used in determining whether particular developments must undergo DRI review. A form has been adopted by Rule that specifies the information that must be provided by the developer in the DRI Application for Development Approval (ADA). The DRI review process is administered by the regional planning councils and oversight is provided by the Florida Department of Economic Opportunity (DEO). The District has also entered into memoranda of agreement with the Central Florida, Southwest Florida, Tampa Bay and Withlacoochee regional planning councils to more specifically outline the District's DRI review responsibilities. The District provides water resource management technical and policy information to the regional planning councils and local governments to assist them in making well-informed growth management decisions. Benefits/Costs The goals of the District's DRI review program are twofold: (1) To ensure regional planning councils and local government elected officials have sound water resource technical and policy information as they consider approval of large scale development proposals; and (2) To reduce the number and magnitude of issues that will need to be addressed during the District s regulatory review processes. District participation in this program helps to ensure that these proposed large-scale developments are compatible with the District's plans, programs and statutory directives. Costs for this program primarily include staff time and are budgeted in Fund 10 (Governing Board). Staff Recommendation: This item is provided for the Committee s information, and no action is required. Presenter: Colleen Thayer, Bureau Chief, Public Affairs Packet Pg. 137

159 South Shore Corporate Park DRI Activity Report As of May 5, 2016 Project DRI Location DRI App Type Date Assigned Date Completed Description Hillsborough County Sumter 16-1DRI Sumter County Plan Amendment NOPC 4/14/2016 5/6/2016 Notice of Proposed Change. Application proposes changes to the development scenario. No substantive comments. 3/11/2016 4/8/2016 Panasoffkee Preserve. Comments addressed need for water supply analyses, and encouraged water conservation implementation and regulatory coordination and included complimentary remarks about the use of the open space designation for wetlands/floodplains. Tern Bay Charlotte County NOPC 4/22/2016 5/3/2016 Notice of Proposed Change. Application proposes changes that would reduce development density and intensity, add flexibility to the master plan and extend build-out date. No substantive comments. Attachment: DRI Activity Report (2470 : Development of Regional Impact Activity Report) Packet Pg. 138

160 Item 30 FINANCE/OUTREACH & PLANNING COMMITTEE May 24, 2016 Routine Report Significant Activities Report Staff Recommendation: This item is provided for the Committee s information, and no action is required. Presenter: Colleen Thayer, Bureau Chief, Public Affairs Packet Pg. 139

161 Finance/Outreach and Planning Committee May 24, 2016 Routine Report Significant Activities Report Public Affairs Bureau: The Public Affairs Bureau supports the District s mission through a broad range of activities. Staff serves as liaisons with local, state and federal government officials and represents the District with a number of community organizations. Staff also advocates the District s legislative priorities and develops and implements strategies to acquire state and federal appropriations. Further, staff provides government and agency assistance, Board and Advisory Committee support, and outreach and strategic planning for the District. Legislation and Policy The Public Affairs Bureau acts as the District s day-to-day representatives before the Florida Legislature and U.S. Congress. This includes educating officials and staff regarding the mission of the District, providing information on issues and legislation, and coordinating our legislative program with other state and federal agencies. The department recommends, develops and executes the District s legislative program based on Governing Board and executive staff direction. Public Affairs staff works with executive, legal and other departments to develop and manage internal District legislative procedures and policies. New Activities since Last Meeting: The Governor approved HB1075 (Ch ), State Areas, on April 14 th. The legislation relates to the acquisition, management, and disposition of state lands and includes the small surplus provisions which provides for efficiencies in the surplus process for water management districts. External Affairs As part of the District s public affairs program, the External Affairs Section of the Public Affairs Bureau is responsible for (1) developing effective relationships with local elected and public officials and their staff, (2) serving as the District s day-to-day liaison with local officials, (3) facilitating coordination of District programs to assist local government entities, (4) assisting local governments with water supply planning and land use decisions (5) promoting the mission of the District and (6) helping to develop and foster sound public policy on water resource related issues. To meet these responsibilities, the section has developed long-standing programs and tactics, including but not limited to, project tours, alerts and one-on-one meetings. New Activities Since Last Meeting: Northern Region Cooperative Funding Meeting - The Northern Region Subcommittee reviewed the final staff rankings for CFI and Springs projects. Jeff Rogers, Citrus County engineer, gave a presentation on the CR 491 proposed CFI project. This project involves the construction of regional stormwater ponds that will provide more treatment than typically required by an ERP. The benefit will not be realized for up to 15 years as the area reaches build-out. The Subcommittee has expressed concern about how to manage the risk if the proposed project does not reach build-out and has been reluctant to approve the project. The Subcommittee approved the staff recommendations for all CFI projects presented and asked that the CR 491 project come back to the full Board in June. The Subcommittee also reviewed and approved the staff recommendations for projects being considered by DEP for Springs funding. Tampa Bay Water Board Meeting - The Board voted to keep its uniform rate the same. TBW has seen a slight increase (1.1%) in demand for supply from southern Hillsborough and Pasco counties, they ve seen a slight decrease in demand from Pinellas. TBW is also bringing the desalination plant online to test the recent pump and pipe replacements. TBW Attachment: OP Cmte_May Significant Activities - Final (2471 : Significant Activities Report) Packet Pg. 140

162 is staging up the use of desalination for the dry season. Lastly, TBW staff is in the process of updating its water shortage mitigation plan. Hillsborough County Commission - During its regular meeting, the Commission approved the Exchange and Restoration Agreement with the District. According to the agreement, the County will transfer 416 acres in the Jan K. Platt Environmental Lands Acquisition and Protection Program (ELAPP) to the District for continued preservation. This track is the Little Manatee River Corridor Site. The District will convey to the County three parcels totaling 166 acres, proposed for surplus in the Alafia River Corridor District Project, and provide at least $1.5 million toward the restoration of a portion of the properties conveyed by the County in the Little Manatee River Corridor site. Peace River Manasota Regional Water Supply Authority (Authority) Board Meeting - The Authority Board discussed its three FY17 CFI projects, explaining the projects are currently ranked low at the District due to the lack of an inter-local agreement with its respected Counties. The plan is to approve the inter-local agreements for the Phase 3B interconnect (connecting SR 681 to Clark Road) as well as the 3D interconnect (connecting Fruitville Road and Lorraine Rd) at its June meeting. Both of those inter-local agreements will be with Sarasota County. The inter-local agreement for the Phase 4 interconnect (connecting the Burnt Store plant to Punta Gorda) with Charlotte County may be delayed and the Board may decide to withdraw the project and resubmit in FY18. Also at the meeting, Authority staff made a presentation to its board regarding a potential pilot project where it would begin pumping partially treated water into its ASR system. The staff presented the benefits and the risks. To do this, the Authority would need a permit modification from DEP. Staff also mentioned that the District is considering a similar project at Flatford Swamp in Manatee County. Community Services In addition to acting as the District s liaison to local government, the Public Affairs Bureau is responsible for the primary grassroots and grasstops efforts with local community organization and groups. These include the agricultural community, environmental groups, business associations and others. These relationships provide a pivotal component of the District s legislative program and allow for opportunities to communicate the District s mission, policies and the goals. New Activities Since Last Meeting: Lemon Bay Habitat Restoration Site-visit - Participated in a site visit with SWIM staff to scout a potential location for a groundbreaking event being planned for later this year. The CFI restoration project, in cooperation with the Lemon Bay Conservancy and NOAA, will begin this fall. Three Sisters Springs Public Workshop - The District hosted a public workshop in Crystal River to explain the Three Sisters Shoreline Stabilization Project. Construction will begin in April and the popular attraction will be closed through the summer. The project involves placing sand bags and limestone boulders along the shoreline to restore erosion within the spring. Staff gave a presentation and answered about 30 questions over the course of an hour. The residents in attendance were supportive of the project. East-West Manatee County Development Trends, Manatee Chamber - Manatee Chamber hosted a meeting detailing two large walkable master-planned communities coming to Manatee and Sarasota counties. The first one, Lakes Flores, is located on nearly 1,300 acres in West Bradenton. The property previously had been used for agricultural purposes by Manatee Fruit Company for the last 50 years. When complete, Lake Flores will include as many as 6,500 homes, 3 million square feet of retail and office space and 500 hotel rooms. Lake Flores will be built over the next 20 years. County commissioners have approved the plan but a start date has not yet been set. The 2 nd project, Waterside, located in the eastern part of Sarasota County in Lakewood Ranch will be built on 1,425 acres. The project will include more than 5,000 homes, 390,000 square feet of commercial and office space and 4,065 acres of open space. Crews broke ground on the project last week and will be built over the next five years. Attachment: OP Cmte_May Significant Activities - Final (2471 : Significant Activities Report) Packet Pg. 141

163 Springs Protection Outreach This Surface Water Improvement and Management (SWIM) Program initiative education project began in FY2005 with a focus on minimizing further water quality impacts from landscaping and other homeowner practices -- like over-fertilization and leaky septic tanks -- that increase nitrates in springs. More recently, District efforts are focused on increasing the public s understanding of springs issues and its support of the District s actions to restore the springs. New Activities Since Last Meeting: The third year of the District s Restoring Our Springs! campaign is under way and will run through June. Also as part of the campaign, the #RestoringOurSprings social media campaign was launched featuring posts about upcoming events, the Run for Springs 5k and the Three Sisters Springs Bank Stabilization Project. The District hosted a public workshop in Crystal River to explain the Three Sisters Springs Bank Stabilization Project and closure of the property. Approximately 20 people attended the workshop including a representative from the Citrus County Chronicle. Staff gave a presentation and answered numerous questions about the project, which starts this month. Residents in attendance were supportive of the project. Additionally, staff are creating signage to be posted at the entrance to the property explaining the closure. Internal Communications Staff continues to improve communication to District staff and provide them with timely and accurate information through the internal communications program. As part of the program, Currents, the weekly employee newsletter, is sent via on Mondays and includes special dates and important employee-related information. In addition, Communications staff continues to coordinate all-user s to ensure all messages are clear and consistent. New Activities Since Last Meeting: Began initial planning to launch the District s new Town Hall meetings. The Town Halls will be short, interactive meetings focused on a specific topic of concern to employees. The first meeting will focus on IT issues. Staff launched On the Move, a monthly update about staff changes within the District. The goal is to make staff aware of the various opportunities for growth, career progression and promotion within the District. This update came as a result of staff feedback from focus groups and internal surveys where staff have said they are unaware of staff changes and that there is a lack of advancement opportunities at the District. As part of the Your Health Matters wellness initiative, staff promoted National Lunch Day on Wednesday, April 27. Staff is planning a Summer Lunch and Learn Series during June, July and August on various health and wellness topics as well as a five-week Florida Blue class during Sept./Oct. The 2016 Fitness Challenge continues with the addition of first-, second- and third-place individual winners each month in addition to an overall bureau winner. Received an Image and Grand Image Award from the Tampa Bay chapter of the Florida Public Relations Association for the Your Health Matters Infuser Bottle in the Specialty Item category. Social Media Social media allows the District to send information directly to the public in a timely, cost efficient way. The District s social media platforms are used to communicate the District s mission and culture. New Activities Since Last Meeting: The District uses Facebook to promote special events, news and public interest stories like the Polk County Water School and Severe Weather Awareness Week. The District s Facebook page now has 7,376 likes. Twitter is used on a regular basis to post news releases and other important information to Attachment: OP Cmte_May Significant Activities - Final (2471 : Significant Activities Report) Packet Pg. 142

164 2,156 followers to date. The WaterMatters Blog had 1,553 views in the past month and featured stories on the Rock Ponds Ecosystem Restoration Project and the Florida Water Star certification of the Encore! in Tampa. The District s Pinterest boards had 4,412 views for the past month. Google+ had 349 views for the past month. Received an Image and Grand Image Award from the Tampa Bay chapter of the Florida Public Relations Association for the Withlacoochee River Watershed Initiative Video in the Institutional Video category. Strategic Communications Planning Public Affairs staff members work with staff from various bureaus to plan outreach efforts related to projects and programs that directly impact residents. This is done by analyzing any communications challenges that may exist and creating plans to address those challenges. Staff assists with the planning, execution and evaluation of these efforts. New Activities Since Last Meeting: Providing communications assistance to the Water Resources Bureau for the new phase of the Clearwater Groundwater Replenishment Project. Staff presented to 20 attendees of the April 13 Well Drillers Advisory Committee meeting. Edited an article about the project for the city s Water Quality Report. Met April 28 with the project team to select a research consultant to develop and implement a telephone survey to better understand perceptions of the city of Clearwater residents about direct and indirect potable reuse. The survey results will be analyzed to aid in crafting effective messages and education efforts. Staff, in coordination with the Hillsborough County, hosted the Rock Ponds Ecosystem Restoration project dedication April 13 with 88 attendees. The offices of Senator Bill Galvano, Commissioner Sandra Murman and Commissioner Stacy White were in attendance along with Governing Board Members Michael Babb and Wendy Griffin. More than a dozen local agencies were also represented. Bay News 9 and Hillsborough County TV (HTV) covered the event. The project was also featured on the front page of the Tampa Tribune on April 11. Six rehabilitated birds were released to commemorate the project. A new project webpage was launched and seven posters were developed for use at the ceremony and on the webpage. Staff tweeted live from the event. Post coverage of the event included stories in the Currents employee newsletter and the WaterMatters Blog. The County also produced a video of the dedication, which is airing on HTV and has been posted to the District s YouTube channel and website. As per the Lake Wailes Recovery Options Communications Plan, an Ag stakeholder meeting is planned May 5 in Lake Wales to discuss the project. The purpose of the project is to evaluate concepts and projects to better manage Lake Wailes as it does not meet its adopted minimum level. A webpage about the project is currently under development. Communications support is being provided to the Water Resources Bureau for the Flatford Swamp feasibility study. The study is exploring the possibility of injecting up to 10 mgd of excess water removed from the Flatford Swamp area that could potentially offset groundwater use and recharge the Floridan aquifer system near the MIA. A meeting to discuss what worked and what didn t related to the successful implementation of the Gum Slough MFLs Communications Plan occurred April 19. A Lessons Learned document is being developed and routed for review. Regulation s Business Development Section requested development of a communications plan for launching the new Permit Information Center. A streamlined communications plan is being routed for review with the launch targeted for early summer. Field Operations requested communications assistance regarding an ACOE letter about informing communities with levees about levee safety information. Attachment: OP Cmte_May Significant Activities - Final (2471 : Significant Activities Report) Packet Pg. 143

165 Research Research is used to plan communications strategies, enhance program design, and evaluate programs. Visit WaterMatters.org/SocialResearch for the database of the District s social research. New Activities Since Last Meeting: Staff received and has provided the research contractor Taproot Creative with edits to the draft 2016 Restoring Our Springs campaign pretest. The final report and presentation of the pretest results are due from Taproot Creative on May 5. A campaign posttest will be conducted during the month of July, which will be compared to the pretest results to help in determining the effectiveness of the campaign. Developed a survey for Finance to gain input from key staff about training for budget development and the use of Performance Budgeting. The survey was distributed April 1, closed April 15, and the results have been compiled and distributed to Finance. Florida Water Star SM (FWS) Certification Program FWS is a voluntary certification program for builders, which encourages water efficiency in appliances, plumbing fixtures, irrigation systems and landscapes, as well as water quality benefits from best management practices in landscapes. The program includes certifications for new homes, existing homes, commercial properties and communities. This is the program s sixth year in the District. New Activities Since Last Meeting: Governing Board Chair Michael Babb presented the FWS Community plaque to the Tampa Housing Authority s Board Chairman Ben Wacksman at The Encore s Earth Day event. The Reed building is the third building in the complex to receive FWS certification. The community s Trio, Ella and Reed buildings use 40 percent less water than the District s irrigation allotment calculation, a reduction of approximately 320,000 gallons of water per year. Met with Sunshine State Sprinklers, All Wet Irrigation, and Sharp Tree & Landscape companies to educate them about the FWS program landscape and irrigation criteria. Builders that are interested in participating in the Citrus County Utilities FWS rebate program will be referred to these companies. Instructed more than 60 students about water-efficient irrigation and landscape design at the annual Future Builders of America camp in Polk County. Began coordinating and promoting a two-day training for new FWS certifiers, which will be held May 24 and 25 in Winter Haven. Promoted the FWS program to building industry professionals at the Tampa Bay Builders Association s Parade of Homes annual banquet. Met with the Hillsborough County Habitat for Humanity s Program Capacity Director to discuss building a newly planned affordable housing development to FWS criteria. Habitat staff is meeting with a private building partner to consider the cost difference and benefits. Wrote an article for the Turf Industry Digest that explained the purpose and goals of the FWS program and highlighted a few specific criteria that are of interest to the turf and irrigation industries. Agreements: Builders who intend to incorporate FWS criteria in current or future projects sign non-binding participation agreements. This District has 32 signed agreements representing approximately 1,632 properties. Certifications: As of April 27, this District has certified 1,253 properties. Attachment: OP Cmte_May Significant Activities - Final (2471 : Significant Activities Report) Water Conservation Hotel and Motel Program (Water CHAMP SM ) Water CHAMP promotes water conservation in hotels and motels by encouraging guests to use their towels and linens more than once during their stay. Participants receive program materials free of charge. In 2008, the Districtwide five-year water audit confirmed Water CHAMP participants saved an average of 17 gallons of water per occupied room per day. Based on these audit findings, the cost benefit for the program, using the total cost amortized over five years, is $0.47 per Packet Pg. 144

166 thousand gallons of water saved. Additionally, based on the audit results and occupancy rates, it is projected that 156 million gallons of water was saved by participating properties in FY2014. New Activities Since Last Meeting: Water CHAMP has 372 participants. Youth Education As part of the Youth Water Resources Education, the District provides funding to school districts to implement grade-level field study programs and other water-resources programming. These programs include Splash! school grants, which provide funding up to $3,000 per school to enhance student knowledge of freshwater resources issues. The Youth Education program also includes teacher training materials, curriculum tools and publications for students and educators. New Activities Since Last Meeting: Staff has been promoting the Classroom Conservation Challenge, which encourages students to conserve water as part of Water Conservation Month in April. To date, 22 classes have participated with more than 400 students. The Youth Education Outreach Team hosted booths at the Nature s Classroom Open House in Hillsborough County and the Sumter County School District s Earth Day event. Between the two events, approximately 400 students learned about the water cycle and other waterresources topics. The team also gave presentations to an additional 450 students one at Springstead High in Hernando County about springs and one to Gulf Middle School students in Pasco County about how and why the District controls invasive aquatic vegetation. Staff has been assisting the Suwanee River Water Management District by sharing ideas for educational outreach and offering to provide print files for some District education materials. Visual Communications Print & Graphics The print team provides prepress layout, illustration and design of publications and displays for the Public Affairs Bureau and general Districtwide support. New Activities Since Last Meeting: Completed the March Executive dashboard; PowerPoint slide for Executive; Rock Ponds Event materials; updates to Enjoy Your Public Lands signs; and updates to the PRSA guidelines and postcard. Visual Communications Web The web team designs and develops website content and code. New Activities Since Last Meeting Redesigned Careers site launched on WaterMatters; updated SWIM plans and Wetland Assessment Procedure training materials on WaterMatters; Water News You Can Use enewsletter distributed to 14,745 subscribers; and ongoing updates on Currents intranet. Monthly web trends: Overall site traffic for April was 91,739 visits, with 241,596 total pageviews. Site visits were unchanged but pageviews were up by 10% from last month. Year-to-year, site visits were down 5% and total pageviews were down 4% from the same period in Most popular webpages: Recreation (57,643 pageviews; up 5% from last month but down 20% from same period last year); Education (26,403 pageviews; up 87% from last month and 42% from same period last year); epermitting (17,430 pageviews; down 3% from last month, but up 5% from same period last year). Attachment: OP Cmte_May Significant Activities - Final (2471 : Significant Activities Report) Most increased traffic: (excluding most popular webpages ): Blog (1,691 pageviews; up 232% from same period last year); Crystal River/Kings Bay Springs (3,113 pageviews; up 212% from same period last year); Circle B Bar Reserve (5,202 pageviews; up 77% from same period last year). Outreach/Special Events Public outreach is an important part of the District s education efforts. Special events provide an opportunity for District staff to meet residents, answer questions and present educational materials. Packet Pg. 145

167 New Activities Since Last Meeting: Event/Booth County Estimated Attendees Staff Bureau APRIL th Annual Earth Day Celebration Sarasota 500 Tara Poulton PAB Outreach/Speaker s Bureau The Speakers' Bureau program is the ongoing education of the public and community leaders regarding water resource management. The program provides an opportunity for interaction among the public and District staff knowledgeable in all areas of the District's statutory responsibilities and it provides a mechanism for communication of District priorities and concerns. Additionally, the program is utilized as a tool to influence behavior change in the areas of water conservation and to ensure support for the District's legislative initiatives. The following table summarizes the Speakers' Bureau activities for the past three months. New Activities Since Last Meeting: Organization Topic County Audience Speaker Bureau APRIL 2016 Tarpon Springs Rotary District Overview and Conservation Pinellas 60 Estella Gray PAB Santa Fe River Springs Protection Forum Drivers of Submerged Aquatic Vegetation Levy 50 Sky Notestein NSR Robles Park Water Quality Tampa Heights Civic Nancy Norton/ Association and Natural Systems Hillsborough 32 Restoration Project W235 Randy Smith NSR Hillsborough County Extension Service Master Gardener s Club Tampa Bay Estuary Project and Restore America s Estuaries Charlotte Harbor National Estuary Program Tampa Bay Estuary Program Habitat Restoration Partnership Charlotte Harbor National Estuary Program MAY 2016 Overview and Tour of Rock Ponds Ecosystem Restoration Project Overview and Tour of Terra Ceia Phase 2 and the Rock Ponds Ecosystem Restoration Project 2014 Seagrass Mapping Results Tampa Bay Hardbottom Results 2014 SWFWMD Seagrass Mapping Results Hillsborough 20 Hillsborough 2 Brandt Henningsen/ Nancy Norton Brandt Henningsen/ Nancy Norton NSR NSR Charlotte 25 Kris Kaufman NSR Pinellas 40 Kris Kaufman NSR Charlotte 13 Kris Kaufman NSR Key to Abbreviations EXE - Executive NSR - Natural Systems & Restoration DCB - Data Collection OPS - Operations & Land Management FIN - Finance PAB - Public Affairs GOV - Governing Board REG - Regulation HRB - Human Resources and Risk Management WRB - Water Resources ITB - Information Technology WUP - Water Use Permit Attachment: OP Cmte_May Significant Activities - Final (2471 : Significant Activities Report) Packet Pg. 146

168 D. Resource Management

169 Governing Board Meeting May 24, 2016 RESOURCE MANAGEMENT COMMITTEE Discussion Items 31. Consent Item(s) Moved for Discussion 32. Consideration of Updates to the Cooperative Funding Initiative Policy (15 minutes) Potential Discussion Topics for Potable Reuse Workshop for Governing Board...(10 minutes) Submit & File Reports - None Routine Reports 34. Minimum Flows and Levels Status Report Significant Water Resource and Development Projects

170 Item 31 RESOURCE MANAGEMENT COMMITTEE May 24, 2016 Discussion Item Consent Item(s) Moved for Discussion Staff Recommendation: Presenter: Mark A. Hammond, P.E., Division Director, Resource Management Packet Pg. 147

171 Item 32 RESOURCE MANAGEMENT COMMITTEE May 24, 2016 Discussion Item Consideration of Updates to the Cooperative Funding Initiative Policy Purpose The purpose of this item is to discuss potential updates to Governing Board Policy which governs the District s Cooperative Funding Initiative (CFI). Background/History The Governing Board adopted Board Policy for the purpose of implementing the District s Cooperative Funding Initiative. The policy was last updated in December of 2011 (see exhibit for current policy). District staff utilizes the Board Policy 130-4, along with District Procedure 13-4 (staff project evaluation guidelines) to evaluate cooperative funding requests. Staff will discuss proposed updates to Board Policy These proposed updates include administrative items, inclusion of third party review language, and base flow for potable alternative water supply projects. Staff will conduct outreach efforts with the cooperators to receive input on the changes being considered. Staff will bring options back to the Governing Board later this year with recommendations for changes. Staff Recommendation: This item is presented for the Committee s information, and no action is required. See Exhibit Presenter: Eric DeHaven, P.G., Assistant Director, Resource Management Division Packet Pg. 148

172 Attachment: Cooperative Funding Initiative - Policy (2482 : Cooperative Funding Initiative Policy Updates) Packet Pg. 149

173 Attachment: Cooperative Funding Initiative - Policy (2482 : Cooperative Funding Initiative Policy Updates) Packet Pg. 150

174 Attachment: Cooperative Funding Initiative - Policy (2482 : Cooperative Funding Initiative Policy Updates) Packet Pg. 151

175 Item 33 RESOURCE MANAGEMENT COMMITTEE May 24, 2016 Discussion Item Potential Discussion Topics for Potable Reuse Workshop for Governing Board Purpose The purpose of this information item is to discuss potential topics for a Governing Board workshop on potable reuse that would be scheduled for later this year. Background/History At the April 26, 2016 meeting, the Board requested staff to develop options for an educational workshop on potable reuse. This is an important water supply concept that explores utilizing reuse as a potential potable water supply. This concept is gaining state, national and global attention as utilities implement potable reuse to meet growing water supply demands. There are currently numerous examples of indirect and direct potable reuse throughout the nation. The District has co-funded several projects that include indirect potable reuse and is currently studying a variety of additional options to use reuse as a potable source. Staff will present potential discussion topics for the workshop. Based on input from the Board, staff will formalize an agenda and schedule a date for the Board workshop. Workshop topics can include the difference between indirect and direct potable reuse, existing examples, treatment technology and safety, recent legislation, regulatory challenges, utility implementation and public acceptance. Staff Recommendation: This item is for Board s information only; no action is required. Presenter: Jason M. Mickel, Manager, Water Supply Section, Water Resources Bureau Packet Pg. 152

176 Item 34 RESOURCE MANAGEMENT COMMITTEE May 24, 2016 Routine Report Minimum Flows and Levels Status Report Florida law (Section , Florida Statutes) requires the state water management districts or the Department of Environmental Protection (DEP) to establish minimum flows and levels (MFLs) for aquifers, surface watercourses, and other surface water bodies to identify the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area. District staff continues to work on various phases of MFLs development for water bodies on the District's MFLs Priority List and Schedule. The following status reflects the work completed for MFLs scheduled for adoption or reevaluation during calendar years 2015 through 2024 as well as changes that have occurred since the last Governing Board meeting. This report is consistent with the 2016 Priority List approved by the Governing Board in October 2015 and the DEP in February 2016, and with the metric summaries submitted annually to the DEP. Phase 1. (Data collection). No additional data collection activities were completed during the past month. Data collection is complete for forty of the seventy-four systems scheduled for adoption/reevaluation by Phase 2. (Data analysis and draft MFLs report). No internal draft MFLs reports were completed during the past month. Phase 2 activities are complete for seventeen of the seventy-four systems scheduled for adoption/reevaluation by through Phase 3. (a. Presentation of draft MFLs to Governing Board, b. public meetings, peer review report and c. Governing Board acceptance of final report). a) No draft MFLs reports were presented to the Governing Board during the past month. Draft reports addressing six MFLs have been submitted to the Governing Board for the systems scheduled for adoption/reevaluation by b) No public workshops were held during the past month. Peer review and/or public meetings have been completed or deemed unnecessary for ten of the seventy-four systems scheduled for adoption/reevaluation by c) No final MFLs reports were submitted to the Board during the past month. A total of ten systems scheduled for adoption/reevaluation by 2024 have been completed and presented to the Governing Board. Phase 4. (Development of Recovery Plan). No new recovery plans were developed during the past month. Many of the lakes scheduled for reevaluation have existing recovery plans which will be assessed as part of the reevaluation process. For the seventy-four systems scheduled for adoption or reevaluation through 2024, two recovery strategies are in place that are applicable to four systems, nine systems do not need a recovery strategy, and it has not been determined if the remaining systems will be covered by an existing recovery strategy or require development of a new strategy. Phase 5. (Governing Board Approval of MFLs Rule). No MFLs rules were approved during the past month. MFLs rules have been adopted or reevaluated for ten of the systems scheduled for adoption by Packet Pg. 153

177 Item 34 Staff Recommendation: This item is for the Board's information only; no action is required. Presenter: Yonas Ghile, Sr. Environmental Scientist, Springs and Environmental Flows Packet Pg. 154

178 Item 35 RESOURCE MANAGEMENT COMMITTEE May 24, 2016 Routine Report Significant Water Resource and Development Projects This report provides information on significant Resource Management projects and programs in which the Governing Board is participating in funding. The report provides a brief description and status of significant activities associated with the project that have recently occurred or are about to happen. Watershed Management Program/Federal Emergency Management Agency Map Modernization The District initiated a partnership with the Federal Emergency Management Agency (FEMA) to modernize flood insurance rate maps (FIRMs) as part of its Watershed Management Program (WMP). Flood protection and floodplain information have been a priority at the District since the inception of the organization. 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, either because the initial studies were technically limited or the maps are outdated due to significant land use changes. Accurate floodplain information is vital to local government planning and zoning, and to the District s regulatory program and the land owners. To improve the floodplain information, develop regional scale flood routing models for alternative analysis, and improve local governments understanding of their flood protection level of service. Additionally, the District and FEMA executed a Cooperating Technical Partners (CTP) Memorandum of Agreement on September 14, 2001, to formalize the relationship and to improve the existing FIRMs to better identify risks of flooding within the District. As a CTP, the District is eligible for federal funds to act as FEMA's partner in modernization of the FIRMs. Federal funds have allowed the District and local governments to accomplish significantly more than would have otherwise been possible. To date, the District has received $12.1 million in federal funds from FEMA for countywide map modernization projects for Pasco, Sarasota, Hernando, Marion, Polk, Hardee, DeSoto, Citrus, Sumter, Levy, and Highlands counties. The District and an independent peer reviewer analyze the data, which is then provided to the public for their verification. Updates are made incorporating the input from the public and peer reviewer, and the information is presented to the Governing Board for approval. After the approval, data is forwarded to FEMA, mapping is initiated, and the digital flood insurance rate maps (DFIRMs) are produced. The following county maps have been modernized and are effective (effective date): Citrus (September 26, 2014), DeSoto (November 6, 2013), Hardee (November 6, 2013), Hernando (February 2, 2012), Hillsborough August 28, 2008), Highlands (November 18, 2015), Levy (November 2, 2012), Manatee (March 17, 2014), Marion (August 28, 2008), Pasco (September 26, 2014), and Sumter (September 27, 2013). New Activities Since Last Meeting: Polk County: The Letter of Final Determination is anticipated in June 2016, and the FIRMS should become effective in December Sarasota County: The Letter of Final Determination is anticipated in May 2016, and the FIRMS should become effective in November Project Manager: Scott Letasi Myakka River Watershed Initiative and Flatford Swamp Hydrologic Restoration The Myakka River Watershed Initiative (MRWI) is a comprehensive project that will illustrate the effects of land use conversions and alterations and evaluate best management practices (BMPs) for environmental restoration alternatives. A primary focus of the MRWI is the Flatford Swamp area. The overall objective is to restore historic water quantity regimes, improve water quality, natural system, and reduce floodplain impacts in the watershed in ways that can also provide a benefit to water supplies in the Southern Water User Caution Area. In February 2006, Packet Pg. 155

179 Item 35 the Governing Board allocated $500,000 to hire a consultant team to perform elements of the WMP and for the collection of topographic information in eastern Manatee County using light detection and ranging (LiDAR) mapping technologies. Several outreach meetings were held to solicit stakeholder input and gather data. A water budget model comparing existing and historic conditions within Flatford Swamp was developed to determine the amount of excess water that could be captured for a beneficial use. Several preliminary scenarios for removal of excess water from the swamp have been evaluated and, as a result, a Memorandum of Understanding that outlines the development of a scope of work for a feasibility study to determine Mosaic s potential uses for excess water from Flatford Swamp received Governing Board approval in November A subsequent revenue agreement with Mosaic was executed. The District acted as the lead party in the feasibility study, and a consultant services contract with Ardaman & Associates for the study was executed on September 20, Land Management staff indicated that more planning is needed to implement the pilot burn and herbicide treatment on portions of the Flatford property as part of the wetland restoration evaluation; therefore, it will be postponed until fiscal year (FY) Staff has identified several monitoring needs for the wetland restoration evaluation and are investigating several broad-scale vegetation monitoring and mapping techniques. The options under consideration are anticipated to provide improved ground level data, improved visualization of exotics and tree canopy height data. The Feasibility Study with Mosaic was finalized in March Singhofen and Associates, Inc. submitted the conceptual BMP analysis, completing the final deliverable for the Myakka River Watershed Initiative on December 20, Several of the conceptual BMPs explored identified properties that would be impacted if the restoration BMPs were implemented, such as Tatum Sawgrass rehydration, Blackburn Canal diversion, and Clay Gully diversion. Staff and Mosaic continue to look forward for a mutually agreeable partnership for the Flatford Restoration project. Staff is also researching an injection option at Flatford for the excess water to recharge the aquifer and discussed the need for more information on total dissolved solids in the Avon Park formation at the swamp. A pre-application meeting with FDEP was held on February 25, The consultant has completed the vegetation mapping to track exotics in the swamp. New Activities Since Last Meeting: The consultant continues work on the feasibility study and the FDEP permit application for a Class V, Group 2 Injection Well. Project Managers: Lisann Morris/Kris Kaufman Lower Hillsborough River MFLs Recovery Strategy - Implementation At its August 2007 meeting, the Governing Board established minimum flows and approved a recovery strategy for the lower Hillsborough River (LHR) as the recovery strategy was adopted as required by statute, because flows in the LHF were below the established minimum flows. The recovery strategy includes a number of projects to divert water from various sources to help meet the minimum flows. Projects planned under the recovery strategy include diversions of water from Sulphur Springs, Blue Sink, the Tampa Bypass Canal (TBC), and Morris Bridge Sink. Pursuant to the recovery strategy, since December 31, 2007, 75 percent of up to 11 cubic feet per second (cfs) (i.e., 8.2 cfs or 5.3 mgd) transferred to the reservoir from the TBC is being pumped to the base of the Hillsborough River Dam. This amount of fresh water, in combination with up to 21 cfs or 13.6 mgd supplied from Sulphur Springs to the base of the dam by the City of Tampa (COT), has been sufficient to meet minimum flow requirements on many days. A COT request for a variance to deadlines for completion of recovery strategy projects was approved at the June 2011 Governing Board meeting and the deadlines for project completion were extended as follows: Sulphur Springs Run Lower Weir - December 1, 2011; Sulphur Springs Run Upper Weir and Pump House - October 1, 2012; and Blue Sink project - December 31, The District received notification from the COT on November 7, 2011, that the Sulphur Springs Run Lower Weir project was complete and the pumping facilities and Upper Weir modifications were completed in January The COT conducted a pump test in February 2013 to check the capacities of the existing pumps at Structure 161 (S-161) on the Harney Canal of the TBC. At its December 2013 meeting, the Governing Board approved the issuance Packet Pg. 156

180 Item 35 of a water use permit to the COT to withdraw 2 mgd from the Blue Sink for minimum flows as specified in the recovery strategy. At its February 2014 meeting, the Governing Board approved the signing of a cooperative funding agreement (N492) with the COT to construct pumping facilities on the Harney Canal and the Hillsborough River Reservoir to divert minimum flows to the LHR. Updates on the LHR recovery strategy have been provided to the Governing Board on an annual basis and the first of three rule-required five-year recovery status assessments was presented to the Governing Board in March The COT issued plans and specs for the Blue Sink pump station and pipeline project in March 2015; executed an agreement for construction management and a well mitigation program for the project in June 2015; and issued notices to proceed with pump station construction and pipeline construction in July and August 2015, respectively. In May 2015, the Governing Board authorized staff to initiate and complete rulemaking to repeal the reservation rule concerning use of water from Morris Bridge Sink for recovery of minimum flows in the LHR. District staff participated in a pre-application meeting with DEP in June 2015 to discuss water use permit applications for pumping up to 3.9 mgd from Morris Bridge Sink and the ongoing transfer of water from the TBC to the LHR for minimum flow recovery. Water use applications for these withdrawals were submitted to the DEP by the District in August Repairs to the District pump station at the dam were completed in July 2015, with expectations that similar repair work would be completed at the District S-162 pump station, which is used to pump water from the lower to the middle pool of the TBC when needed for minimum flows recovery in the LHR. A modeling project addressing environmental benefits associated with various minimum flow implementation options was completed for the District in July In August 2015, the District accepted the COT s final basis of design report for the LHR pumping facilities project (N492) involving replacement of the existing S-161 pump station and installation of a siphon system at the Hillsborough River Dam. A no-cost time extension for the District/COT agreement for the Investigation of Storage and Supply Options project was completed in October 2015, extending the project completion date to October 1, In November 2015, the DEP released a notice of intent to issue a water use permit to the District for withdrawals from the TBC for LHR recovery and issued the permit on December 17, The DEP held a public meeting in November 2015 concerning the water use permit application submitted by the District for withdrawals from Morris Bridge Sink for LHR recovery and in December 2015 released a notice of intent to issue a water use permit to the District for the withdrawals. District staff met with Hillsborough County Environmental Protection Commission staff, representatives of the Friends of the River and other stakeholders in January 2016 to clarify permit conditions for the water use permit for withdrawals from Morris Bridge Sink for LHR recovery. In January 2016, the District also sent a letter to the Friends of the River, committing to provide several assurances in support of the Morris Bridge Sink Project. On January 15, 2016 the DEP issued a water use permit to the District for withdrawals from Morris Bridge Sink. In January 2016, the COT requested continuance of the CFI request submitted for funding the S-161 pump station replacement and Hillsborough River Dam siphon project (N492) and also requested transfer of ownership of District pumping facilities at S-161 and the dam to the COT. In February 2016, the District: initiated a project for consultant services addressing design of a pump station, transfer station and pipeline for the proposed diversion of water from Morris Bridge Sink; initiated development of a scope of work for consultant services addressing permit reporting conditions for the proposed withdrawals from the sink; and amended an agreement with the COT for completion of the Blue Sink Project to extend the project completion date to January 4, District staff met with representatives of the Friends of the River in March 2016 to discuss a draft scope of work for consultant services addressing permit reporting conditions for planned withdrawals from Morris Bridge Sink. New Activities Since Last Meeting: District development of TWAs for consultant services addressing factors contributing to algal abundance in the Sulphur Springs Run and permit reporting conditions for the planned withdrawals from Morris Bridge Sink are ongoing. The COT completed construction for the Blue Sink pipeline in April 2016 and construction restoration is expected to be completed in May In May 2016, the District received 60 percent design drawings for a pump station Packet Pg. 157

181 Item 35 at Morris Bridge Sink, and for a pipeline and a second pump station at S-159 for the proposed diversion of water from Morris Bridge Sink to the TBC. Permitting discussions with the USACOA for the pump station at S-159 were also initiated. The COT continues to evaluate options for proceeding with the LHR pumping facilities project (N492) and District review of the COT s request for transfer of ownership of District pumping facilities at the S-161 and dam sites and execution of easements necessary to operate and maintain the facilities is also ongoing. Project Managers: Doug Leeper/Diana Koontz/Tom Burke/Barbara Nordheim-Shelt/Kym Holzwart TECO s Polk Power Station Reclaimed Water Interconnects to Lakeland/Polk County/ Mulberry Reuse Project: This regional project, consisting of transmission pipelines, pump stations, storage tank, advanced treatment and deep injection well, will provide up to 10 mgd of reclaimed water from several domestic wastewater treatment facilities to Tampa Electric Company s (TECO) power facility in southwest (SW) Polk County (Polk Power Station). The reclaimed water is necessary as TECO is expanding the Polk Power Station generation capacity. The cooperatively funded reclaimed water project (H076-Phase I) was originally anticipated to provide 5.2 mgd (expandable up to 6.7 mgd) of reclaimed water from the City of Lakeland; however, the supply and benefits were expanded to up to 7 mgd by including approximately 0.75 mgd of reclaimed water from the Southwest Polk County Water Reclamation Facility and 0.30 mgd of reclaimed water from the City of Mulberry. Based upon updated treatment requirement specifications and construction bids received by TECO in 2010 and 2012, the project cost estimates increased from $65,686,800 to $72,686,800 in FY2012 and to $79,529,977 in FY2014. In FY2012 through FY2014, TECO received funding increases in the Governing Board budget to complete the estimated $79 million 7 mgd project. TECO submitted a formal amendment request in July 2014 (after all bids and estimates were received) to upsize the project by 43 percent from 7 mgd to 10 mgd (expandable to 17 mgd) and increase total costs by 22 percent to $96,960,725. In January 2015, the Governing Board approved the expansion to 10 mgd and approved increasing the total project cost to $94,810,725; and increasing the total District share to $44,601,957 ad valorem and $3,526,063 in Water Resource and Protection (WRAP) funds. The expanded project agreement to 10 mgd was executed in mid-july The increase improves cost-effectiveness (from $2.74/1,000 gallons to an eventual estimated $2.34/1,000 gallons) and will utilize 100 percent of all available reclaimed water from Lakeland, Mulberry and SW Polk beyond The final remaining $2,150,000 ($1,075,000 District share) in project cost increase related to the Polk SW transmission line was approved through the in-cycle FY2016 Cooperative Funding Initiative (CFI) process (resulting in a final $96,960,725 total project cost). Phase I of the project was originally anticipated to utilize all 7 mgd of available reclaimed water by 2013; however, due to the economic downturn and reduced power demands, TECO delayed the expansion of power generation capacity (Unit 6) until The delay and planned expansion required an extension of the District funding agreement to complete the project in TECO is replacing, to the greatest extent possible, 3 to 5 mgd of existing groundwater uses in with reclaimed water before the full project expansion is complete in Additional Information: In order to utilize the reclaimed water, the project includes advanced treatment (filtration and membranes) which is necessary to reduce dissolved solids to an acceptable level. The membrane reject water (concentrate by-product) is mixed with other Polk Power Station discharge water and pumped to two new deep injection wells for final disposal. While two disposal wells were drilled by TECO, only injection well number one (IW-1) was eligible for District cooperative funding. The IW-1 and IW-2 wells were completed in March TECO s pipeline contractor (Westra) started in March 2013, routing and design of the Polk SW is ongoing construction of the Mulberry Packet Pg. 158

182 Item 35 segments is ongoing, the Lakeland segment is completed, construction of the reclaimed water treatment system (except for one final RO skid) and construction of the related storage tank (Precon) at the TECO facility is completed and on-line since December of To date, the District has budgeted $45,676,957 in ad valorem and an additional $3,526,063 in WRAP funds (totaling $49,203,020 in District funding), of which a total of $41,272,885 has been reimbursed. The project continues to utilize Lakeland s effluent to supply 3 to 5 mgd, thereby reducing groundwater pumping at the TECO Polk Power Facility. Construction of the Mulberry portion is underway. Design and permitting of the Polk SW portions continues. Full commissioning and testing to the 10 mgd capacity is anticipated in New Activities Since Last Meeting: No Change Since Last Meeting. Project Manager: Anthony Andrade Aquifer Recharge Projects: In 2009, the District funded a recharge study (H076) as part of the Regional Reclaimed Water Partnership Initiative to assess the feasibility of using highly treated reclaimed water to recharge the Upper Floridan aquifer (UFA) in the southern Hillsborough and Polk county areas. Findings from the study indicate that it is possible to develop direct and indirect aquifer recharge projects to improve UFA water levels and provide opportunities for additional groundwater withdrawals. MWH Americas, Inc., completed the Feasibility of Using Reclaimed Water for Direct and Indirect Aquifer Recharge in the Tampa Bay Area Study and a total of $481,149 in District FY2008 funding was reimbursed. The costs associated with developing these projects were found to be comparable to costs of other planned alternative water supply projects. Since completing the study, several local governments have expressed interest in assessing the applicability of aquifer recharge in their areas. District staff is working with these entities to develop and implement project plans to assess the site specific feasibilities of implementing aquifer recharge projects to address their individual needs. Prior to initiating work, District staff also reviews project tasks to avoid as much duplicative efforts as possible between cooperators. The District project managers are researching active recharge projects to identify positive results or issues requiring further investigation. Currently-Funded Aquifer Recharge Projects - FY2015-FY2016 Cooperative Funding City of Clearwater - Groundwater Replenishment Project - Phase 3 This is an ongoing project which previously completed work on a pilot test of Clearwater s reclaimed water purification treatment system and one groundwater recharge injection site. Results from the water purification plant tests and injection well testing demonstrated that this project would be successful in allowing the City to increase their reclaimed water utilization, reducing surface discharges, improving groundwater levels in the NTBWUCA, and increasing the City s future water supply potential from their existing wellfields. Phase 3 of this project is for the design, third party review, permitting and construction for the fullscale water purification plant and the injection and monitor well systems to recharge 2.4 mgd annual average of purified reclaimed water at Clearwater Northeast Water Reclamation Facility. Public outreach will be a critical function throughout the design and construction. The total project cost for the project is $28,680,000 (based on conceptual level cost estimate until the 30 percent design and third party review is completed). The City of Clearwater s contribution is $14,340,000 and the District contribution will also be $14,340,000. Of the District s contribution, $1,544,000 was approved in FY2015, and an additional $2,131,600 was approved in FY2016. FY2017 budget request is for $5,654,400 and future funding will need to be $5,000,000. The District previously contributed $1,751,548 for desktop feasibility and pilot treatment test phases of this project. The project is anticipated to begin in January 2016 and will proceed in accordance with a detailed project plan and work schedule. Completion of construction and beginning of facility operations -is currently scheduled for April, Contract executed in January, New Activities Since Last Meeting: Draft technical memos received by the District include the Site Planning TM, Building Programming TM and the Wells and Yard Piping TM. These technical memorandums will be reviewed, finalized and incorporated into the Preliminary Design Report (PDR)/project 30 Packet Pg. 159

183 Item 35 percent design that will be completed in June. This will be followed by the Third Party Review Task to be completed in July. Project Manager: Robert Peterson Pasco County - Reclaimed Water Natural Systems Treatment and Restoration Project A desktop feasibility study to assess using of highly treated reclaimed water to indirectly recharge the UFA via constructed wetlands and/or rapid infiltration basins (RIB) in central Pasco County areas was completed in January The study showed that indirect aquifer recharge is a viable option for Pasco County. A Phase II feasibility study and report was completed in February 2012 and included a screening analysis for potential RIB locations, as well as cost analyses refinements for potential future phases. Phase III includes field testing and modeling on the 4G Ranch in Pasco County. The final draft of the Phase III project report was received by the District on December 12, 2014; and a teleconference was held on December 16, 2014 to discuss preliminary comments. District staff sent report comments on December 23, Multiple meetings have been held to further discuss the District s comments. A request to extend the deadlines of Tasks 2 and 3, as well as the project end date, to June 30, 2015 was received on February 26, A request to use the contingency funds in the Agreement ($10,000) was also received. Meetings were held to discuss 30 percent design on March 25, March 30, and April 9, Pre-application meetings with DEP occurred on March 31, 2015, to discuss the ERP for the project, and on April 7, 2015, to discuss the NPDES permit. A field visit with DEP was held on April 23, Meetings to discuss the modeling work occurred on April 22 and May 5, The District received the final 30 percent design package on May 5, 2015, A draft Agreement, Project Plan, Easement, and Lease were developed, and the Governing Board gave staff authorization to proceed with third party review of the 30 percent design package at the July Board meeting. The results of the third party review were received on August 24, The review concluded that the project scope and budget were reasonable and would meet the project objectives. The review also concluded that the methods used to determine the measureable benefit of at least 2.2 mgd of reclaimed water on a ten-year annual average were reasonable. On August 27, the project team met with FDEP to discuss the submittal of the application to modify the County s NPDES permit. Both the ERP and NPDES permits have been submitted to the FDEP. The Governing Board approved the County s and staff s request to move forward with final design and permitting of the project at their September meeting. The Board also directed staff to enter into an agreement for fifty percent of the total project cost identified in the 30 percent design ($14,300,966), allowing reimbursement of the District s share for the design, permitting, and construction of this facility. The completed N666 Agreement was sent to Pasco County for their signature on October 5, 2015 and is awaiting approval at an upcoming County Commission meeting. The 60 percent costs were received on October 29, The 90 percent design was received on December 18, 2015 and is currently being reviewed by District staff. The draft NPDES and ERP permits have been received as of December 18, The 90 percent cost estimates from CH2M Hill (Pasco County consultant) and P&J (land owner/contractor) were completed. All permits are also issued as of January A meeting was held with the project team on February 11, 2016 to review the estimates, and some revisions and clarification will be made on both estimates. The 100 percent design drawings were received on March 10, The 100 percent costs were received March 25, New Activities Since Last Meeting: District staff continues to review bids received for some tasks, and continues to work on assembling task costs in other projects that can be compared to the cost of any tasks in this project that will be performed by the landowner. To date, the signed Agreement has not been received from the County. The regular weekly teleconference calls have continued. Manager: Mike Hancock South Hillsborough County Aquifer Recharge Program (SHARP) This is a direct aquifer recharge pilot project to evaluate directly recharging the non-potable zone of the UFA with up to 2 mgd of highly treated reclaimed water at the County s Big Bend facility near Apollo Beach in southern Hillsborough County. The goal of the project is to Packet Pg. 160

184 Item 35 improve water levels within the Most Impacted Area of the SWUCA and possible slow the rate of inland movement of saltwater intrusion in the area. The pilot testing program includes permitting, installing a recharge well and associated monitor wells, assessing aquifer characteristics, performing recharge testing, evaluating water level improvements, migration of the recharge water and metals mobilization, and conducting public outreach. The County s consultant submitted the well construction permit application for authorization to install the test recharge well and monitoring wells on December 20, Design and preparation of bid documents were completed in early July 2012; a request for bids was released the week of July 16, 2012, with responses received in August Construction contract with the contractor (A.C. Schultes of Florida, Inc.) was approved by the County on April 3, The recharge well was completed in December 2013 with an open-hole diameter of inches, 780 feet of casing, and a total depth of 1,100 feet. The County received a letter from FDEP on July 13, 2015 authorizing recharge operations to begin. New Activities Since Last Meeting: Recharge and monitoring activities are ongoing. Project Manager: Mark Barcelo Dover/Plant City Water Use Caution Area Flow Meter and Automatic Meter Reading (AMR) Equipment Implementation Program At their December 2010 meeting, the Governing Board adopted a minimum aquifer level in the Dover/Plant City Water Use Caution Area (DPCWUCA); Rule 40D-8.626, Florida Administrative Code (F.A.C.), as well as a recovery strategy (Rule 40D , F.A.C.) that incorporated flow meters and automatic meter reading (AMR) equipment installations to monitor and reduce resource impacts from future frost/freeze pumping events. Meter information in the Dover/Plant City area will be used by the District to: (1) improve the allocation of well mitigation responsibilities among permit holders, (2) allow District staff to better identify permit compliance issues resulting from pumping during frost/freeze events, (3) improve the modeling of impacts resulting from pumping during frost/freeze events, (4) allow the monitoring of performance and track the progress of management actions implemented, and (5) provide for the overall assessment of the recovery strategy goal of reducing frost/freeze protection quantities by 20 percent in ten years. It is estimated that 626 flow meters and 961 AMR devices will need to be installed within the 256-square mile DPCWUCA. Total costs of the program were estimated to be $5.5 million for flow meter and AMR equipment installation with approximately $316,000 required annually to support the program. On August 7, 2013, the AMR equipment installation and operation component of this project under RFP was awarded to Locher Environmental Technology, LLC, partnered with AMEC Environmental and Infrastructure, Inc., and Hydrogage. The contract was executed on November 14, Letters with flow meter reimbursement information were sent on September 17, 2015 to the remaining permittees who have not yet installed a flow meter. New Activities Since Last Meeting: As of April 30, 2016, a total of 404 flow meters have been installed (65 percent complete) and 475 AMR units have been installed (49 percent complete). Project Manager: Patricia Robertshaw Staff Recommendation: This item is provided for the Committee s information, and no action is required. Presenter: Mark A. Hammond, P.E., Division Director, Resource Management Packet Pg. 161

185 E. Regulation

186 Governing Board Meeting May 24, 2016 REGULATION COMMITTEE Discussion Items 36. Consent Item(s) Moved for Discussion 37. Denials Referred to the Governing Board epermitting Utilization Update...(10 minutes) Submit & File Reports - None Routine Reports 39. Overpumpage Report Individual Permits Issued by District Staff...168

187 Item 36 REGULATION COMMITTEE May 24, 2016 Discussion Item Consent Item(s) Moved for Discussion Staff Recommendation: Presenter: Alba Más, P.E., Division Director, Regulation Packet Pg. 162

188 Item 37 REGULATION COMMITTEE May 24, 2016 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 Más, P.E., Division Director, Regulation Packet Pg. 163

189 Item 38 REGULATION COMMITTEE May 24, 2016 Discussion Item epermitting Utilization Update In 2006, the District started developing the Water Management Information System. The system s purpose was to integrate our scientific and regulatory data into one repository. Part of the plan was to build a workflow system allowing for permits to be received, reviewed and issued electronically, officially becoming known as epermitting. epermitting was rolled out in phases. In 2007, portals for Water Use Permitting and Well Construction Permitting were released. In 2009, the Permit Information Center was released allowing Water Use Permittees to submit permit condition data online. In 2010, Environmental Resource Permitting portal was opened and followed in 2014 with ecompliance, which is the portal allowing Environmental Resource Permittees to submit permit condition requirements online. Staff will present information describing the outreach efforts associated with epermitting and an update on the system s utilization. Staff Recommendation: This item is presented for the Board s information and no action is required. Presenter: Michelle Maxey, P.E., Bureau Chief, Regulatory Support Bureau Packet Pg. 164

190 Item 39 REGULATION COMMITTEE May 24, 2016 Routine Report Overpumpage Report Please see the attached report. Staff Recommendation: This item is provided for the Committee s information and no action is required. Presenter: Darrin Herbst, P.G., Bureau Chief, Water Use Permit Bureau Packet Pg. 165

191 Overpumpage Report March 2016 Under Review (1) Citrus Greening (2) Permit No. Permit Holder Use Type New on Report Russel Grove North, Inc./Attn. Gillie Russell 1 & Ridge Investments, LLC 1 & Mary Lett Keene Trustee 1 Agricultural Citrus Agricultural Citrus Agriculture Strawberries Permitted Quantity 122,700 gpd 95,800 gpd 24,700 gpd Original Report Date Annual Avg. Use Percent Over 01/01/ ,170 gpd 30.54% 01/01/ ,772 gpd 46.94% 01/01/ ,405 gpd 51.44% Current Report Date Annual Avg. Use Percent Over 3/01/ ,175 gpd 15.06% 3/01/ ,279 gpd 41.21% 3/01/ ,310 gpd 55.10% Service Office Bartow Bartow Tampa Packet Pg. 166 (1) Preliminary determination is that permits are in non-compliance; file is under review by Regulation staff. (2) Permittee has claimed Citrus Greening (HLB) as cause of overpumpage. Further analysis being conducted. Attachment: May16 Routine Reports - Overpumpage Report - March Pumpage (2461 : Overpumpage Report)

192 Overpumpage Report March 2016 Under Review (1) Citrus Greening (2) Permit No. Permit Holder Use Type Continuing From Previous Report Gain Inc./Attn. Peter Washington 1 & Victoria Goodson Tampa Electric Company/ Attn: Joseph A. Kicklighter Jack M. Berry, Inc. 1 & MHC FR Utility Systems LLC 1 Royal Oaks of Citrus HOA, Inc./Attn: Curtis Watrouse Bowen Bros, Inc 1 & Growers Investment Group LLC 1 & 2 Agricultural Citrus Agriculture Strawberries/Row Crops Agriculture Strawberries Agricultural Citrus Public Supply Public Supply/ Recreational/ Aesthetic Agriculture Citrus Agriculture Citrus Permitted Quantity 79,200 gpd 79,600 gpd 55,200 gpd 207,700 gpd 97,100 gpd 66,800 gpd 161,600 gpd 125,400 gpd Original Report Date Annual Avg. Use Percent Over 11/01/ ,614 gpd 63.65% 09/01/ ,386 gpd 11.04% 09/01/ ,633 gpd 8.03% 07/01/ ,279 gpd 54.20% 04/01/ ,929 gpd 8.06% 05/01/ ,451 gpd 29.42% 06/01/ ,461 gpd 35.19% 06/01/ ,492 gpd % Current Report Date Annual Avg. Use Percent Over 3/1/ ,233 gpd 64.44% 03/01/ ,822 gpd 88.22% 03/01/ ,247 gpd 76.17% 03/01/ ,959 gpd 67.53% 03/01/ ,314 gpd 50.68% 03/01/ ,199 gpd 9.58% 03/01/ ,335 gpd 17.16% 03/01/ ,880 gpd 71.36% Service Office Bartow Tampa Tampa Bartow Tampa Brooksville Bartow Bartow Packet Pg. 167 (1) Preliminary determination is that permits are in non-compliance; file is under review by Regulation staff. (2) Permittee has claimed Attachment: Citrus May16 Greening Routine (HLB) Reports as cause - of Overpumpage overpumpage. Report Further - March analysis Pumpage being conducted. (2461 : Overpumpage Report)

193 Item 40 REGULATION COMMITTEE May 24, 2016 Routine Report Individual Permits Issued by District Staff Please see the attached report. Staff Recommendation: This item is provided for the Committee s information and no action is required. Presenter: Alba Más, P.E., Division Director, Regulation Packet Pg. 168

194 INDIVIDUAL PERMITS ISSUED: ERPS APRIL 2016 PERMIT NUMBER PROJECT NAME COUNTY DESCRIPTION TOTAL PROJECT ACRES WETLAND ACRES WETLAND ACRES IMPACTED WETLAND MITIGATION ACRES No ERP permits to report for this time period. 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 APRIL 2016 PERMIT NUMBER PROJECT NAME COUNTY DESCRIPTION USE TYPE PREVIOUS PERMITTED QUANTITY NEW PERMITTED QUANTITY DURATION (YEARS) No WUP permits to report for this time period. Packet Pg. 169 Attachment: May16 Routine Reports - Individual Permits Issued by Staff (2462 : Individual Permits Issued by District Staff)

195 F. Operations, Lands & Resource Monitoring

196 Governing Board Meeting May 24, 2016 OPERATIONS, LANDS AND RESOURCE MONITORING COMMITTEE Discussion Items 41. Consent Item(s) Moved for Discussion 42. Authorize Staff to Continue Negotiations to Acquire a Perpetual Conservation Easement Within the Upper Myakka River Project, SWF Parcel No C...(15 minutes) Hydrologic Conditions Report...(10 minutes) Submit & File Reports - None Routine Reports 44. Structure Operations Significant Activities...181

197 Item 41 OPERATIONS, LANDS AND RESOURCE MONITORING COMMITTEE May 24, 2016 Discussion Item Consent Item(s) Moved for Discussion Staff Recommendation: Presenter: Ken Frink, P.E., Division Director, Operations, Lands and Resource Monitoring Packet Pg. 170

198 Item 42 OPERATIONS, LANDS, AND RESOURCE MONITORING COMMITTEE May 24, 2016 Discussion Item Authorize Staff to Continue Negotiations to Acquire a Perpetual Conservation Easement Within the Upper Myakka River Project, SWF Parcel No C Staff Recommendation: Authorize staff to continue negotiations to acquire a perpetual conservation easement within the Upper Myakka River Project, SWF Parcel No C. The final acquisition is subject to negotiating the terms of the purchase/sale and conservation easement agreements acceptable to the Governing Board. Presenter: Ken Frink, P.E., Operations, Lands and Resource Monitoring Division Director Packet Pg. 171

199 Operations, Lands and Resource Monitoring Committee Discussion Item Authorize Staff to Continue Negotiations to Acquire a Perpetual Conservation Easement within the Upper Myakka River Project, SWF Parcel No C Purpose The purpose of this item is to request the Governing Board authorize staff to continue negotiations to acquire a conservation easement over the Triangle Ranch in Manatee County. The final acquisition is subject to negotiating the terms of the purchase/sale and conservation easement agreements acceptable to the Governing Board. Contribution to the District Area of Responsibility This property is identified in the Florida Forever Work Plan proposed as a fee acquisition. Ninetyeight percent of the property contributes to Flood Protection and Water Quality and fifty percent contributes to Natural Systems. The property is adjacent to the northern portion of Myakka River State Park and contributes to the completion of the Upper Myakka River Project. The property includes an estimated 3 miles of the Myakka River and Clay Gully Creek and hundreds of acres of critical floodplain. A general location map is included as an exhibit to this item. Cost The Conservation Foundation of the Gulf Coast (Foundation) requested the District participate in the acquisition of the Triangle Ranch in recognition of the property s contribution to the District s core mission. Purchasing a conservation easement will contribute to efficiently achieve mission goals. The District has negotiated the purchase price of $2,000,000 or $1,838 per acre for the proposed conservation easement which will encumber 1,088 acres more or less. Staff is requesting authorization to continue negotiating the terms and condition of the purchase/sale agreement and conservation easement that will be brought to the Governing Board for approval at a later date. Background/History In support of the Florida Forever Workplan goals, the Foundation diligently pursued the project and partially negotiated the acquisition. The Foundation identified the conservation buyer, Elizabeth Moore, and assisted in the negotiation to acquire the property from Anthony Glenn Carlton and the Lela Mae Cribbs Carlton 2010 Revocable Trust. The purchase of the property is contingent on the conservation buyer purchasing the encumbered fee simple title, the Foundation contributing $550,000 to the transaction and the District acquiring a conservation easement. The property was appraised twice with an average Fee Value of $4,067,500, however the buyer has agreed to a purchase price of $4,800,000. The Foundation considered this property to be of utmost importance and contributed $550,000 to the total acquisition. As detailed in the table on the next page the District ordered two appraisals of the less than fee (conservation easement) interest the average appraised value of the conservation easement is $2,652,000. District staff negotiated a cost of $2,000,000. Zoning The property zoning and land use designation is Agricultural Rural which recognizes traditional agricultural areas in Manatee County. The permitted development density within this designation is one dwelling unit per five acres. Attachment: Recap Purchase C Final MIN TRAQ (2475 : Authorize Staff to Continue Negotiations to Acquire a Perpetual Con Packet Pg. 172

200 Summary of Appraisal and Value Comparison In accordance with District policy, two appraisals were required for this property. Both reports were dated February, 2016, one prepared by Joe String and the other by Frank Catlett. The appraisals have been initially reviewed internally for consideration of this transaction. If the District enters into a contract for sale, the appraisals will receive an independent review from an outside appraiser. The appraisal was determined to meet the necessary legal and District requirements and contain sufficient factual data to support the value conclusion. Highest and Best Use The highest and best use determined by the appraiser was based on the physically possible, legally permissible and financially feasible uses for this property. This analysis considered the property s physical attributes such as its location and the amount of uplands or wetlands together with its current land use/ zoning, the current economic conditions and market demand. The appraisers concluded that the highest and best use would be for continued agricultural use. The appraisers applied the Sales Comparison Approach (Market Approach) to determine the value of this property. The appraisers relied on recent sales of comparable property in Manatee, Sarasota, Hardee, Polk and Okeechobee counties. The sales were adjusted for differences that included location, encumbrances and size. Summary of Values Fee Easement Fee Easement String Catlett Average $3,810,000 $4,325,000 $4,067,500 $3,502/acre $3,975/acre $3,739/acre $2,395,000 $2,910,000 $2,652,500 $2,201/acre $2,675/acre $2,438/acre Average Appraisal Summary of Appraisals Summary of Offer Accepted Offer $4,067,500 $3,739/acre $2,652,500 $2,000,000 $2,438/acre $1,838/acre Offer's Percent of Appraised Easement Not Applicable Easement Percent of Fee Offer's Percent of Appraised Fee Value 75% 49% Benefits/Costs The purchase of this conservation easement will protect property that contributes significantly to Flood Protection, Water Quality, and Natural System, is adjacent to the Myakka River State Park, helps to complete the Upper Myakka River Project, and the less than fee acquisition will allow low intensity agriculture to continue. Funding The District has approximately $15 million available in prior year funds for land acquisition (fee or less-than-fee) from allocations held by the State of Florida in the Florida Forever Trust Fund and funds held in the District's investment accounts generated from the sale of land or less-than-fee interests in land. N/A 65% Attachment: Recap Purchase C Final MIN TRAQ (2475 : Authorize Staff to Continue Negotiations to Acquire a Perpetual Con Packet Pg. 173

201 Upper Myakka River Watershed - Triangle Ranch. SWF Parel C SWF Parcel No C SWFWMD Easement SWFWMD Fee Acquisition Attachment: Recap Purchase C Final MIN TRAQ (2475 : Authorize Staff to Continue Triangle Ranch SWF Parcel No C Other Conservation Lands Miles Sources: Esri, DeLorme, HERE, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, and the GIS User Community Packet Pg. 174

202 Upper Myakka River Watershed - Triangle Ranch. SWF Parel C SWF Parcel No C Other Conservation Lands RIVER RD SARASOTA MANATEE Attachment: Recap Purchase C Final MIN TRAQ (2475 : Authorize Staff to Continue 314TH ST E 314TH ST E Not Included HIDDEN RIVER RD MYAKKA RD MYAKKA RD MIARCACHEE RD MIARCACHEE RD CLAY GULLY RD MOSSY HAMMOCK LN ,500 MOSSY OAK LN Feet Packet Pg. 175

203 Item 43 OPERATIONS, LANDS, AND RESOURCE MONITORING COMMITTEE May 24, 2016 Discussion Item Hydrologic Conditions 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 month under review, which is April, with 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 monthly 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 April indicate amounts were on the low-end of the normal range in the northern region, near-normal in the central region, and below-normal in the southern region 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 1.58 inches, equivalent to the 30 th percentile Central region rainfall averaged 1.88 inches, equivalent to the 48 th percentile. Southern region rainfall averaged 1.16 inches, equivalent to the 23 rd percentile. District-wide, average rainfall was 1.54 inches, equivalent to the 33 rd percentile. Streamflow Streamflow data indicate that flow decreased in the northern and southern regions of the District, while it slightly increased in the central region, compared to the previous month. Based on flow conditions in regional index rivers, streamflow conditions were within the normal range in all three regions. 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 47 th percentile. The monthly average streamflow measured in the Hillsborough River near Zephyrhills in the central region was in the 66 th percentile. The monthly average streamflow measured in the Peace River at Arcadia in the southern region was in the 64 th percentile. Packet Pg. 176

204 Item 43 Groundwater Levels Groundwater data for April indicate that levels in the Floridan/Intermediate aquifer decreased in all three regions of the District, compared to last month. Groundwater levels 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 58 th percentile. The average groundwater level in the central region was in the 74 th percentile. The average groundwater level in the southern region was in the 57 th percentile. Lake Levels Regional lake levels for April decreased in all regions of the District, compared to the previous month. Regional lake levels ended the month below the annual normal range in the Northern region, while they were within the annual normal range in the Tampa Bay, Polk Uplands and Lake Wales Ridge regions. 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 0.34 foot and were 0.56 foot below the base of the annual normal range. Average lake levels in the Tampa Bay region decreased 0.20 foot and were 0.96 foot above the base of the annual normal range. Average lake levels in the Polk Uplands region decreased 0.22 foot and were 1.65 feet above the base of the annual normal range. Average lake levels in the Lake Wales Ridge region decreased 0.36 foot and were 0.19 foot above the base of the annual normal range. Issues of Significance April historically marks the seventh month of the 8-month dry-season and provisional rainfall totals during April saw accumulations in the low-normal to below-normal range throughout the District. Analysis of dry-season rainfall shows October through April totals to be approximately 0.2 inch above the long-term historic mean. Rainfall during the month was regionally variable and associated with seasonally-transitional weather systems (i.e., combination of several weak cold fronts intermixed with sea breeze and convective rainstorm activity). The District-wide 12-month and 24-month rainfall accumulations declined, ending the month at a surplus of approximately 3.6 and 5.5 inches, respectively, above their long-term historic averages. Most hydrologic indicators declined throughout the District in April, but generally remained within historical normal ranges. Packet Pg. 177

205 Item 43 NOAA climate forecasts predict above-normal rainfall for the District during the three-month composite period of May through July, after which forecasts become less reliable and somewhat imprecise due to transitioning El Niño conditions in the Pacific Ocean that may turn into La Niña conditions by the fall or winter of Updated weather forecasts will be available in mid-may. 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 provided for the Board's information only, and no action is required. Presenter: Granville Kinsman, Hydrologic Data Manager Packet Pg. 178

206 Item 44 OPERATIONS, LANDS, AND RESOURCE MONITORING COMMITTEE May 24, 2016 Routine Report Structure Operations Summary of the operations made for the month of April. Inglis Water Control Structures: The Inglis Bypass Spillway and Inglis Main Dam were operated to maintain water levels in Lake Rousseau and provide flow to the lower Withlacoochee River. The average monthly water level for Lake Rousseau was National Geodetic Vertical Datum (NGVD) compared to the recommended maintenance level for the reservoir of NGVD. Withlacoochee River Watershed: Water control structures in the Tsala Apopka Chain of Lakes are being operated to conserve water. The Wysong-Coogler Water Conservation main dam and the low flow gate are inflated. Both the main dam and the low flow gate were operated to aid in the regulation of the Lake Panasoffkee water level and to provide flow to the Withlacoochee River downstream of the structure. The average water level for Lake Panasoffkee was NGVD. Alafia River Watershed: The Medard Reservoir structure was operated to maintain normal operating levels. The average water level for the Medard Reservoir was NGVD compared to the recommended maintenance level of NGVD. Hillsborough River Watershed: Thirteen Mile Run system and Flint Creek structures were operated to maintain normal operating levels. The average monthly water level for Lake Thonotosassa was NGVD, compared to the recommended maintenance level of 36.50' NGVD. Tampa Bay/Anclote Watershed: The Rocky Creek system, Brooker Creek system, and Sawgrass structures were operated in order to maintain normal operation levels. The average monthly water level for Lake Tarpon was 3.17 NGVD, compared to the recommended maintenance level of 3.20 NGVD. Peace River Watershed: The North Winter Haven Chain of Lakes, Lake Parker, and the Lake Hancock structures were operated to maintain water levels. The average monthly water level for Lake Hancock was NGVD, compared to the recommended maintenance level of NGVD. Lake Wales Ridge Watershed: Structure G-90 was operated in order to reach the target water conservation level. The average monthly water level for Lake June-in-Winter was NGVD, compared to the recommended level of NGVD. Staff Recommendation: This item is provided for the Board's information only, and no action is required. Presenter: Ken Frink, P.E., Operations, Lands and Resource Monitoring Division Director Packet Pg. 179

207 FLAGLER LEVY #* ROUSSEAU CITRUS #* INVERNESS POOL HERNANDO POOL #* MARION District Structure Sites VOLUSIA ISLAND FORD KEYSTONE CRESCENT TARPON PINELLAS #* #* ANN-PARKER #* #* #* #* PRETTY ARMISTEAD SAWGRASS #*#* #* CONSUELLA HERNANDO #* #* #* PASCO BRADLEY KELL HANNA KEENE STEMPER FLORAL CITY POOL #* #* #* #* LESLIE HEIFNER THONOTOSASSA MAGDALENE BAY ELLEN-LIPSEY CARROLL WHITE TROUT #* MEDARD HILLSBOROUGH SUMTER LAKE 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) ORANGE SEMINOLE OSCEOLA Attachment: Str Operations exhibit (2472 : Structure Operations) MANATEE HARDEE HIGHLANDS #* SARASOTA DESOTO JUNE-IN-WINTER (G-90) Packet Pg. 180

208 Item 45 OPERATIONS, LANDS, AND RESOURCE MONITORING COMMITTEE May 24, 2016 Routine Report Significant Activities Staff Recommendation: This item is presented for the Board s information only, no action is required. Presenter: Ken Frink, P.E., Operations, Lands and Resource Monitoring Division Director Packet Pg. 181

209 Operations, Lands and Resource Monitoring Committee Routine Report Significant Activities This report provides monthly information through April 28, 2016 on significant Operations and Land Management projects and programs in which the Governing Board is participating in funding and otherwise may be of interest to the Board. The report provides a brief description and status of significant activities associated with the projects that have recently occurred or are about to happen. Land Management The prescribed fire team has applied fire management to 24,304 acres of District conservation lands during FY2016. There were two wildfires totaling 18.5 acres (Chito Branch and Jack Creek) during this period. Staff assisted Florida Forest Service s Operation Outdoor Freedom in facilitating two turkey hunts, one in Flying Eagle Nature Center and the other in Edward Chance Reserve-Gilley Creek Tract, for wounded veterans that live in Florida. The draft agreement for contractual prescribed fire services has been sent by legal to Land Management. This will be incorporated into a bid package along with a sample agreement and scope of work for advertisement purposes. Timber contractor has completed the harvest in the Green Swamp Fire Tower stand (28 Acres). There were 41 loads of timber removed from this stand. The District has received payment for all 41 loads/920 tons for a total of $11, The crew has moved their equipment to Cypress Creek and to date have removed 51 loads of timber. The District has received payment for 17 loads/435 tons for a total of $6, An ITS has been submitted to procurement for the sale of timber within the GSW 3 surplus parcel. The Sale of Alligator Eggs agreement has begun the procurement routing process for approval prior to signatures internal to Operations and Land Management as well as Executive. The agreement has been returned from legal with initialed signature block and will be going for final Risk review once certificate of insurance has been submitted. Staff continue to trap on District land as well as Colt Creek State Park, a co-owned property with the state adjacent to solely owned District land. During FY16, 754 feral hogs have been removed from District lands. Attachment: Significant Activities MINTRAQ (2473 : Significant Activities) Staff assisted with the TECO Rock Pond dedication ceremony. Land Resources/Land Use and Protection Continued developing the process to implement the Annutteliga Hammock Strategy adopted by the Governing Board. Packet Pg. 182

210 Prepared 5-year expenditure report for upcoming Land Management Reviews for Potts and Flying Eagle Preserves. Held site visit at Flying Eagle Nature Center with contractor, Citrus County Schools and Executive staff relative to facilities demolition. Finalized the Land Exchange and Restoration agreement and the Perpetual Conservation Easement with Hillsborough County (County). The exchange agreement allows the District to exchange lands that were identified and approved for surplus for County lands that meet the District s core mission. The County will retain a conservation easement. These agreements were approved at the April Governing Board meeting. License Agreement executed with Manatee County Sheriff for cattle grazing and hay production for up to two animal units. The purpose of the new License Agreement was to modify and reduce the boundary of the Special Use Area based upon the SWIM TECO Rock Ponds Project. Coordinated a volunteer work day with Keep Polk County Beautiful. Issued Special Use Authorization to Boy Scouts of America for vehicle access to Flying Eagle Nature Center to conduct a camping and shooting event. Up to 50 participants are expected. Issued authorization to Florida Fish & Wildlife Conservation Commission for vehicle/airboat access to coastal areas at Weekiwachee Preserve to conduct a Saltmarsh Songbird genetics research project (evolutionary history and population viability of seaside sparrow subspecies in Florida). Issued authorization to Israel Vega, USDA NRCS, for vehicle access to Myakka River Schewe Tract and Myakka State Forest to conduct an on-site grazing land inventory as part of the National Resources Inventory (NRI) being conducted throughout the country. Issued Special Use Authorization to Alice Horst, Birders of The Villages, for four vehicles and up to 25 participants to conduct the annual bird survey within Lake Panasoffkee Tract. Issued Special Use Authorization to Ann Paul, Florida Audubon, for vehicle access to Tampa Bay Estuarine Ecosystem TECO Tract to perform critical species habitat enhancement. Three members from Audubon Florida will be conducting site specific lateral mangrove trimming at Piney Point Rock Pond. Issued Special Use Authorization to Paul Fellers, Heartland Chapter Florida Native Plant Society for access to Green Swamp East. Up to 20 participants will be conducting a field trip to visit areas of known botanical and conservation interest. Volunteers provided 217 hours of service, a value of approximately $4, to District conservation/recreation lands. Processed 274 requests and provided 1,674 camping opportunities on District lands. Attachment: Significant Activities MINTRAQ (2473 : Significant Activities) Packet Pg. 183

211 Land Resources/Real Estate Services Weekiwachee Preserve (Dexter Property, Hernando County) Due diligence related to contractual terms continues to resolve environmental conditions identified on the property requiring cleanup. In addition the Office of General Counsel is working with the landowner s attorney to obtain a contract extension. Although the Dexter tract has been approved for purchase by the Governing Board, all of the contractual obligations must be fulfilled before the transaction can close. Chassahowitzka River and Coastal Swamps (Shaw/Stidd Property Citrus County) Appraisal completed and division of property resolved; however title information indicates there are mineral rights held by others. Rainbow River Ranch Property (Marion County) Appraisal received. Upper Myakka River Watershed (Triangle Ranch, Manatee County) Consideration of a conservation easement will be presented to Governing Board in May. Acquisition of data collection sites is ongoing and currently involves 31 new and 119 existing locations. Real estate broker services for surplus properties The selected broker has agreed to a commission schedule for the sale of surplus property; contract is being reviewed by the Office of General Counsel. Surplus Property In 2011, at the direction of the Governing Board, the District began a regular surplus lands assessment. Since that time 48 parcels consisting of approximately 4,647 acres have been declared surplus. The properties have been marketed with signage, identified on a District webpage together with being exposed and listed for sale on internet through Zillow, Trulia and Loop Net. The following is the status of these parcels: o o Five parcels consisting of approximately 12 acres have been sold within the Flying Eagle Preserve in Citrus County, Lake Tarpon Outfall Canal in Pinellas County, Green Swamp Wilderness Preserve in Polk County, the Panasoffkee-Outlet Tract in Sumter County and the Tampa Bypass Canal in Hillsborough County. Two parcels consisting of approximately 124 acres within the Green Swamp Wilderness Preserve in Polk County and the Chito Branch Reserve in Hillsborough County have been approved for sale by the Governing Board. Staff is working towards closings. Attachment: Significant Activities MINTRAQ (2473 : Significant Activities) o o Five parcels consisting of approximately 156 acres have been through the public bid process and remain posted on the District s website and Trulia, Zillow and Loop Net, remain available for purchase (Frog Creek in Manatee County, Lake Hancock in Polk County, Lake Pretty in Hillsborough County, the Panasoffkee-Outlet Tract in Sumter County and Upper Hillsborough Preserve in Pasco County). Four parcels consisting of 61 acres are being prepared to be posted for sale through the public bid process (Flying Eagle Preserve and Two-Mile Prairie/Tsala Apopka Connector in Citrus County and Weekiwachee Preserve in Hernando County.) Packet Pg. 184

212 o o Twenty-seven parcels consisting of 3,211 acres are being evaluated for surplus. The parcels range in size from less than one acre to 1,012 acres and are located in DeSoto, Hillsborough, Lake, Pasco, Polk and Sumter Counties. Three parcels along the Tampa Bypass Canal in Hillsborough County consisting of approximately seven acres are nonsalable in their existing state. o The Annutteliga Hammock project properties declared surplus in Hernando County comprise approximately 1,040 acres and consist of 626 separate parcels continues to be evaluated, together with the development of a marketing plan. Parcels range in size from less than one acre to 164 acres. 623 of the surplus parcels consist of less than 40 acres, of which 606 parcels are less than three acres. The following is a breakdown of District land interests: Attachment: Significant Activities MINTRAQ (2473 : Significant Activities) Packet Pg. 185