Environmental resource permit - 1998-07-09


previous item | next item

Citation
Environmental resource permit - 1998-07-09

Material Information

Title:
Environmental resource permit - 1998-07-09
Publication Date:
Language:
English
Physical Location:
Box 2

Subjects

Subjects / Keywords:
Ranchers -- Law and legislation -- Florida
Okeechobee, Lake (Fla.) ( lcsh )

Record Information

Source Institution:
University of South Florida
Holding Location:
University of South Florida
Rights Management:
The University of South Florida Libraries believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries.
Resource Identifier:
035069031 ( ALEPH )
981477171 ( OCLC )
L41-00006 ( USFLDC DOI )
l41.6 ( USFLDC Handle )

USFLDC Membership

Aggregations:
University of South Florida
Lorida

Postcard Information

Format:
Book

Downloads

This item has the following downloads:


Full Text

PAGE 1

LAST DATE FOR GOVERNING BOARD ACTION: JULY 9, 1998 b;;;:-:RA~FT~ Subject to Governing Board Approval ENVIRONMENTAL RESOURCE -PERMIT STAFF,. REVIEW SUMMARY I.ADMINISTRATIVE APPLICATION NUMBER: 980213-6 PERMIT NUMBER: 47-00227-S PROJECT NAME: 101 RANCH LOCATION: OKEECHOBEE COUNTY, S5, 6, 7, 8, 9 & 17/T34S/R34E APPLICANT'S NAME: 101 RANCH OWNER'S NAME AND ADDRESS: 101 RANCH . 208 NORTH PARROTT AVENUE OKEECHOBEE, FL ENGINEER: AGRICULTURAL ENGINEERING PA II. PROJECT DESCRIPTION PROJECT AREA: 1197.50 acres DRAINAGE AREA: DISTRICT DRAINAGE BASIN: S-65D RECEIVING BODY: FISH SLOUGH CLASSIFICATION: CLASS III PURPOSE: 1197.50 acres The purpose of this application i-s to obtain authorization for the Construction and Operation of a surface water management (swm) system to serve 1,197.5 acres of pasture known as 101 Ranch. Staff recommends approval with conditions. BACKGROUND: On April 13, 1989, the Governing Board of the District authorized SWM Permit No. 47-00227-S for the Construction and Operation of a swm system to serve 201 acres of improved pasture and a homesite. The swm system consists of collector ditches that direct stormwater runoff, via pump, into a detention reservoir prior to gravity discharge to Fish Slough. 1

PAGE 2

On July 9, 1992, the Governing Board of the District authorized SWM Permit No. 47-00338-S for the Construction and Operation of swm systems to serve both a 604.5 acre citrus grove and a 30.2 acre mining operation. The grove was to be served by collector ditches that direct runoff into a detention reservoir, via pump, for storage and water quality treatment prior to gravity discharge to Fish Slough. Mining was proposed along the west boundary of 101 Ranch adjacent to an existing pit. This mining site failed to produce sufficient shell material and the permit was modified to allow mining at another location, which is still in operation. The authorization for the swm system to serve the 604.5 acre grove expired due to lack of construction. The Okeechobee Service Center has been working with landowners in the Fish Slough Basin to resolve the problem of innundation within the basin. Sediment transport from the headwaters of Fish Slough, a manmade conveyance ditch, has facilitated an area of sediment deposition downstream of the Eagle Island Road bridge. This area of deposition has served to support the establishment of aquatic and opportunistic vegetation, which further reduces the conveyance capacity of Fish Slough immediately south of Eagle Island Road. These heavily vegetated sediment islands, in conjunction with above average rainfall in recent years, has resulted in prolonged innundation throughout the Fish Slough Basin north of Eagle Island Road. In addition to landowners withi~ the basin being adversely impacted due to prolonged innundation, the Florida GrasshoRper Sparrow (endangered species) located north of 101 Ranch within the National Audubon Society's Ordway-Whittell Kissimmee Prairie Sanctuary (Sanctuary) has suffered the loss of nesting habitat due to prolonged innundation during the last few nesting seasons. On May 28, 1998, the United States District Court for the Southern District of Florida issued an Order Granting United States' Motion for Preliminary . Injunction (Case 98-14144-CIV-MOORE). The court ordered the installation of seven (7) culverts between the Audubon Sanctuary and adjacent lands to facilitate the protection of nesting areas utilized by the Florida Grasshopper Sparrow. This Order also served to supersede and vacate the court's May 19, 1998 Order Granting Motion to Intervene. This Order shall remain in effect until superseded by an Order describing a permanent injunction or other Order issued by the court. 2 . ....,_ . . -

PAGE 3

EXISTING FACILITIES: This project, 101 Ranch, is located in northern Okeechobee County approximately four (4) miles north of Eagle Island Road (CR 724) and east of 101 Ranch Road (refer to Exhibit No. 1). The northern boundary of the property is Military Grade, an access road constructed for placement of military targets during exercises in the 1940's. North of the Military Grade is the Sanctuary. The majority of 101 Ranch is presently utilized as improved pasture for cattle grazing with shell mining activity on-going within Section 7. The site is relatively flat with a gentle slope towards Fish Slough, a manmade conveyance system that bisects the property and ultimately enters the Kissimmee River via the natural systems (Fish, Cypress and Chandler Sloughs) located south of the Eagle Island Road bridge. Poor system recovery, due in part to sediment deposition downstream of the Eagle Island Road bridge, has resulted in prolonged innundation within 101 Ranch and surrounding properties. Scattered depressional wetlands, primarily shallow freshwater marshes and hamrnpck areas, are common throughout the site. PROPOSED FACILITIES: Proposed is a modification to 47-00227-S for an Environmental Resource Permit (ERP) for the Construction and Operation of a surface water management (s\tm) system to serve three (3) basins totalling 1,197.5 acres. The remaining property, under contiguous ownership by the applicant (1,217.5 acres), is proposed to remain unchanged from existing. Basin 1 is 347.2 acres in size and is located south and-west of Fish Slough (refer to Exhibit No. 2). The applicant proposes to utilize gravity drainage to Fish Slough for small (routine) storm events as presently occurs. A gravity structure consisting of 1-9.4' wide sharp crested weir with a crest at elevation 66.9' NGVD, will direct stormwater runoff to Fish Slough during routine rainfall events (refer to Res "C" in table shown on Exhibit No. 2). During excessive rainfall or when the Fish Slough system can no longer accept gravity flows from the project, a proposed pump/res~rvoir system will be utilized to collect and store stormwater runoff within the basin. Proposed is a 2,000 GPM pump with on and off elevations of 67.0 and 66.0' NGVD, respectively, that will direct excess runoff from the basin into a 34.2 acre reservoir. The reservoir will provide storage and water quality treatment prior to gravity discharge to Fish Slough. The control structure serving the reservoir is proposed to consist of 1-4.7' wide sharp crested weir with a crest at elevation 70.0' NGVD, a 0.9' diameter circular bleeder orifice with an invert at elevation 68.0' NGVD and 40 LF of 18" diameter CMP culvert to Fish Slough {refer to TYPICAL BLEEDER & DISCHARGE STRUCTURE TABLE on Exhibit No. 2). An emergency overflow structure will direct excess stormwater from the reservoir back to the basin to protect the integrity of the reservoir dike. The emergency overflow structure is proposed to consist of 1-1.5' diameter drop inlet with a crest at elevation 70.7' NGVD (refer to TYPICAL OVERFLOW & RETURN STRUCTURE TABLE on Exhibit No. 2). All reservoir dikes, for 3

PAGE 4

all three basins, will have top widths of 12' and top elevations of 73.0' NGVD. Basin 2 is 245.9 acres in size and is located east of Basin 1 and south and west of Fish Slough (refer to Exhibit No. 2). This basin is proposed to . contain a pump/reservoir system without the gravity capability that is proposed for Basins 1 & 3. Stormwater runoff will be directed to a 35.9 acre reservoir for storage and water quality treatment prior to gravity discharge to Fish Slough. An 1,800 GPM pump with on and off elevations of 65.5' and 64.5' NGVD, respectively, will direct excess basin runoff into the reservoir. Ditch plugs will be utilized to sever existing gravity connections to Fish Slough (refer to Exhibit No. 2). In addition, a 12" diameter CMP culvert with an invert at elevation 66.0' NGVD will be installed between Wetland 30 and the collector ditch. This culvert will serve to facilitate the containment of stormwater runoff within this area, which is presently drained to Fish Slough via existing ditching. The reservoir control structure is proposed to consist of ~-4.7' wide sharp crested weir with a crest at elevation 70.0' NGVD, a 0.6' diameter circular orifice with an invert at elevation 68.0' NGVD, and 40 LF of 18" diameter CMP culvert leading into Fish Slough (refer to TYPICAL BLEEDER & OUTFALL STRUCTURE on Exhibit No. 2). An emergency overflow structure consisting of 1-1.5' diameter drop inlet with a crest at elevation 70.7' NGVD will serve to direct excess stormwater back to the basin to protect the integrity of the reservoir dike (refer to TYPICAL OVERFLOW & RETURN STRUCTURE on Exhibit No. 2). Basin 3 is 604.4 acres in size and is located north and east of Fish Slough (refer to Exhibit No. 2). This basin is proposed to be operated in a similar fashion to Basin 1. Gravity flow is proposed to Fish Slough during small: (routine) rainfall events via two structures. These gravity structures are proposed to consist of 2-9.4' wide sharp crested weirs with crest elevations at 66.3' NGVD (refer to RES #'s A & B under Gravity Flow Structures on Exhibit No. 2). When. the Fish Slough system can no longer accept gravity flows from this basin, use of gravity structures will discontine and a pump/reservoir system will be utilized. Proposed is a 59.4 acre reservoir that will serve to provide storage and water quality treatment prior to gravity discharge to Fish Slough. A 3,700 GPM pump with on and off elevations of 66.3' and 65.0' NGVD, respectively, will direct runoff from the basin into the proposed reservoir. The reservoir control structure is proposed to consist of 1-9.4' wide sharp crested weir with a crest at elevation 70.0' NGVD, a 1.2' diameter circular orifice with an invert at elevation 68.5' NGVD, and 40 LF of 36" diameter CMP culvert to Fish Slough (refer to TYPICAL BLEEDER & DISCHARGE STRUCTURE on Exhibit No. 2). An emergency overflow structure consisting of 1-18" diameter drop inlet with a crest at elevation 70.8' NGVD will serve to direct excess runoff from the reservoir back to the basin to protect the integrity of the reservoir dike (refer to TYPICAL OVERFLOW & RETURN STRUCTURE TABLE on Exhibit No. 2). The utilization of additional storage areas (reservoirs) within the project will serve to attenuate stormwater runoff. This proposal serves to sever the existing pastures from Fish Slough by the construction of a levee, while 4 ..

PAGE 5

providing a 150 LF setback (refer to Section A-A shown on Exhibit No. 2). To prevent inflows from Fish Slough to Basins 1 & 3 via the gravity control structures during extreme rainfall periods, the applicant proposes to install flashboards above the fixed plate elevations described above (refer to Special Condition No. 16). The fixed plate elevations described are the minimum elevations allowable within each basin to prevent over-drainage. Also for Basins I & 3, the applicant's consultant demonstrated that one-inch of water quality treatment is provided within on-site depressional wetlands when the pump-reservoir system is not used. In addition, turbidity barriers will be utilized during construction to control potential erosion and downstream sedimentation. BASIN INFORMATION: WSWT Normal/Dry Area Elev Ctrl Elev Basin Acres (ft, NGVD) (ft, NGVD) ONE 347.20 66.90 66 TWO 245.90 THREE 604.40 Reservoir Impoundments: Basin Name: ONE Interior dike side slopes: Exterior dike side Slopes: 66.00 64.5 66.30 65 Impoundment Type: MINOR 2.5:1 and 2:1 {H:V) 2.5:1 and 2:1 {H:V) 73.Ofeet NGVD Top of Dike Elevation: Interior dike top width: 12 .00 feet Exterior dike top width: Basin Name: THREE Interior dike side slopes: Exterior dike side Slopes: Top of Dike Elevation: Interior dike top width: Exterior dike top width: 12.00 feet Impoundment Type: MINOR 2.5:1 and 2:1 {H:V) 2.5:1 and 2:1 (H:V) 7 3. 0 . feet NGVD 12.00 feet 12.00 feet 5 Method of Determination WETLAND INDICATOR ELEVATION WETLAND INDICATOR ELEVATION WETLAND INDICATOR ELEVATION

PAGE 6

Basin Name: TWO Interior dike side slopes: Impoundment Type: MINOR 2.5:1 and 2:1 (H:V) 2.5:1 and 2:1 (H:V) 73 .. 0 feet NGVD Exterior dike side Slopes? Top of Dike Elevation: Interior dike top width: Exterior dike top width: 12.00 feet 12.00 feet DISCHARGE STRUCTURE INFORMATION: Water Quality Structures: Basin ONE TWO THREE Str. I Bleeder TYDe I CIRCULAR ORIFICE 1 CIRCULAR ORIFICE 1 CIRCULAR ORIFICE Major Discharge Structures: Str. Basin # Description Di•nsions .9' dia. .6' dia. 1.2' dia. ONE ONE TWO THREE THREE THREE 1 1.5' dia . drop inlet 4 9.4' wide SHARP CRESTED weir 1 1.5' dia. drop inlet 1 3' dia. drop inlet 4 9.4' wide SHARP CRESTED weir 4 9.4' wide SHARP CRESTED weir Emergency Discharge Structures: Basin ONE TWO THREE Str. I Description 3 1.5, dia. drop inlet 3 1.5' dia. drop inlet 3 -1.5' dia. drop inlet Pump Discharge Structures: Invert Elev. (ft, N&VD) 68.00 68.00 68.50 Crest Elev. (ft, NGVD} 70.00 66.90 70.00 70.00 66.30 66.30 Crest/Invert Elev.(ft, N&YDl on/off 70.7 70.7 70.8 Basin Str. # Capacity (6PM) 2000 elev. (ft, NGVD) ONE 2 67/66 6 ..

PAGE 7

Pump Discharge Structures: Basin TWO THREE Discharge Culverts: Basin ONE ONE ONE TWO TWO THREE THREE THREE THREE Receiving Body: Basin ONE ONE ONE ONE TWO TWO TWO THREE THREE THREE THREE Str. ' Str. ' 1 3 4 I 3 I 3 4 4 Str. ' 1 2 3 4 1 2 3 1 2 3 4 2 2 III. PROJECT EVALUATION Capacity (GPM) Description 1800 3700 40' long, 1.5' dia. 40' long, 1.5 ' dia. 30' 1 ong, 3' di a. 40' 1 ong, I. 5' di a. 40' 1 ong, I. 5' di a . 40' 1 ong, 3' di a . 40' long, 1 .5' dia. 30' 1 ong, 3 ' di a. 30' long, 3' dia. Receiving Body FISH SLOUGH RESERVOIR BASIN FISH SLOUGH FISH SLOUGH RESERVOIR BASIN FISH SLOUGH RESERVOIR BASIN FISH SLOUGH 7 CMP CMP CMP CMP CMP CMP CMP CMP CMP on/off elev. (ft, NGVD) 65.5/64.5 66.3 /65

PAGE 8

Discharge Rate: This agricultural property discharges into the headwaters of Fish Slough, which ultimately discharges into Chandler Slough via Cypress Slough. . Discharge limitations associated with the existing conveyance system prevent the Kissimmee River Basin formula (31.1 CSM} from being realized upstream of the Eagle Island Road bridge. The applicant's engineering consultant designed a gravity and pump/reservoir system that limits the design discharge to 9.8 CSM for this project. Discharge Storm Frequency: 10 YR-3 DAV Design Rainfall: 6.80 Basin ONE TWO THREE WATER Q~ALITY: Allow Disch (cfsl 5.3 3.9 9.3 Method of Determination CONVEYANCE LIMITATION CONVEYANCE LIMITATION CONVEYANCE LIMITATION Design Design Disch Stage (cfs} (ft, N6YD} 4.2 70.2 3.9 69.6 7 .4 70.l This application was submitted in an effort to alleviate prolonged inundation of existing pastures during extreme wet periods. No formal change in land use is proposed as part of this application. Gra"vi ty flows wi 11 be maintained and utilized during routine rainfall events for Basins 1 and 3. Basin 2 will always utilize the proposed pump/reservoir system. For Basins 1 and 3, onsite depressional areas (wetlands} provide one-inch of water quality treatment when the gravity systems are utilized. Water quality treatment, for each of the three (3) basins, will be provided within the reservoir systems and onsite depressional wetlands prior to gravity discharge to the receiving system. Utilization of the proposed reservoirs will help control downstream inundation by providing on-site attenuation, which is presently not available. Proposed control facilities for each basin were sized to adhere to an allowable discharge rate of 9.8 CSM. In addition, turbidity controls will be utilized during project construction. Vol Vol Treatment Req'd. Prov'd Basin Method {ac-ftl {ac-ftl ONE 34.2 acres RESERVOIR 26.00 65.00 TWO 35.9 acres RESERVOIR 20.50 30.00 THREE 59.4 acres RESERVOIR 50.40 120.00 8

PAGE 9

IV. ENVIRONMENTAL ASSESSMENT PROJECT SITE DESCRIPTION: The project site consists of existing improved pastures, oak hammocks, .and shallow wetland areas. A series of interconnected ditches exist throughout the pasture areas. The upper headwaters of Fish Slough runs northwest to southeast through the property and is partially diked with an existing berm. The wetlands consist primarily of wet prairie and wet pasture habitat types. Vegetation includes pickerelweed and sawgrass in the deeper areas and wetland grasses, sedges and bulrush in seasonal saturated transitional wetlands. Soils are generally sandy with redoximorphic features near the surface and organic soils occurring in the inundated areas. A total of 31 wetlands (Exhibit 2) were depicted within the total applicantown~d area contiguous to the project, 19 of which are within the project area. The acreage of the 19 wetland areas total approximately 357.9 acres. Wetlands are in fair to very good condition. Wetlands 18 and 20 are contiguous to the project area and portions totalling 41.4 acres are to be preserved for mitigation. This brings . the total onsite acreage of wetlands and surface waters to 399.3 acres. On-site uplands include oak hammocks and improved pastures totalling approximately 839.6 acres within the project area. In addition, 8.3 acres of a cabbage palm hammock to be preserved as a buffer to wetland mitigation areas is contiguous to the project area; This brings the on-site upland acreage total to 847.90 acres. : EXISTING ON SITE WETLAND COMMUNITIES AND OTHER SURFACE WATERS: ID NO wos W _06 W07 WOB W09 WIO Wll WI2 WI3 WI4 WIS WI6 WIS W20 W22 W23 TOTAL BIOLOGICAL ACREA&E CONDITION 3.40 GOOD/FAIR 4.90 GOOD/FAIR 6.40 GOOD/FAIR I5.40 GOOD/FAIR IO.IO GOOD/FAIR 3.00 GOOD/FAIR .50 GOOD/FAIR 2.30 GOOD/FAIR 43.30 GOOD/FAIR 90.00 GOOD/FAIR 1. 70 GOOD/FAIR 22.60 GOOD/FAIR 5.20 VERY GOOD 36.20 VERY GOOD 62.70 GOOD/FAIR 2.30 GOOD/FAIR COMMUNITY TYPE WET PRAIRIES WET PRAIRIES WET PRAIRIES WET PRAIRIES WET PRAIRIES WET PRAIRIES WET PRAIRIES WET PRAIRIES WET PRAIRIES WET PRAIRIES WET PRAIRIES WET PRAIRIES FRESHWATER MARSHES FRESHWATER MARSHES WET PRAIRIES WET PRAIRIES 9 COMMUNITY ACREAGE 3.40 4.90 6.40 I5.40 IO.IO 3.00 .50 2.30 43.30 90.00 1.70 22.60 5.20 36.20 62.70 2.30

PAGE 10

MITIGATION MONITORING: As mitigation for impacts to Wetland 13.and Wetland 14, the applicant proposes to preserve 49.7 acres of combined wetland and upland area. Wetland 20 and the western lobe of Wetland 18 comprise 41.4 acres of wetland preservation. The remaining 8.3 acres consist of an upland buffer approximately 100 feet in width. The upland buffer is comprised of a cabbage palm and palmetto community. A mitigation, monitoring and maintenance plan is included as Exhibit 5. All preserved wetland and upland compensation areas will be monitored for a period of five years following the completion of the proposed works. Maintenance will be conducted in perpetuity. PROPOSED ON SITE MITIGATION: ID UPLAND upl WETLAND wl8 WETLAND w20 MITIGATION TYPE PRESERVATION PRESERVATION PRESERVATION TOTAL ACREAGE COMMUNITY MIT. TYPE 8.30 CABBAGE PALM 5.20 FRESHWATER MARSHES 36.20 FRESHWATER MARSHES TOTAL ON SITE MITIGATION ACREAGE: 49.70 WETLAND INVENTORY NOTE: COMMUNITY ACREAGE 8.30 5.20 36.20 A total of 31 wetlands were depicted across the total applicant-owned area contiguous to the project. Nineteen wetlands were delineated within the project boundary. Portions of two wetlands will be impacted by construction of the levee • . The 19 wetlands found within the project site range in size from 0.5 to 90 acres with 13 of the 17 having an area of less than 10 acres. Wetland delineations were based on aerial photograph interpretation. Wetland areas adjacent to proposed works were confimed in the field. However, no wetland boundary surveys were conducted and boundaries indicated on the attached exhibits are not binding upon the District in accordance with General Condition 15. WETLAND INVENTORY: NEW PHASE-IOI RANCH Pre-Development 11 11 Post-Development ONSITE -------' '--------------12

PAGE 11

TOTAL II RESTORED/ EXISTING! I PRESERVED UNDISTURBED IMPACTED ENHANCED CREATED II HERBACEOUS/SHRUB 399.3 11 41.4 352.5 5.4 0 0 II II TOTALS 399.3 11 41.4 352.5 5.4 0 0 II UPLAND COMP: PRESERVED: 8.3 ENHANCED/RESTORED: Q ENVIRONMENTAL SUMMARY: The ~pplicant proposes construction of a surface water management system serving 1197.5 acres of the total 2415 acres owned by the applicant. The project area is to be divided into three basins to amend drainage for three pasture areas which are used for beef cattle production. Levees, some of which are existing, will be constructed to isolate the pastures from excessive inundation from the adjacent slough. Design modifications were initiated to reduce and eliminate adver _ se impacts to wetlands. In addition, the three basins are designed to improve the hydrology of the onsite wetlands as previously discussed. The loss of 5.4 acres of wet prairie/pasture wetlands are to be compensated for by the preservation of shallow to deep water sawgrass habitat in combination with adjacent upland areas. The preservation area to be put under a conservation easement totals approximately 49.7 acres. The proposed activities have been evaluated for potential secondary and cumulative impacts and to determine if the project is contrary to the public interest. Based upon the proposed project design and the mitigation provided, the District has determined that the project will not cause adverse secondary or cumulative impacts to the water resources and is not contrary to the public interest. SYSTEM OPERATION: Permittee PROPOSED LAND USE(S): Agricultural 13

PAGE 12

WATER USE PERMIT STATUS: A Water Use permit is not required for this project at this time. ORI STATUS: This project is not a ORI. SAVE OUR RIVERS: The project is not within or adjacent to lands under consideration by the Save Our Rivers program. SWIM.BASIN: This project, 101 Ranch, was previously issued a Works of the District (WOD) Permit (No. 47-00239-Q) for improved pasture. Water quality monitoring within the basin indicates that this site is adhering to the estabished constituent limits described in the permit. In the event that monitoring indicates that constituent limits are being exceeded for this site, the applicant is required to modify the permit (by submitting plans and calculations) to bring the sile. back into compliance with established limits. RIGHT-OF-WAY PERMIT STATUS: A Right-of-Way Permit is not required for this project. ENFORCEMENT ACTIVITY: There has been no enforcement activity associated with this application. THIRD PARTY INTEREST: Several third parties have contacted the District and requested a copy of the Staff Report. These individuals have been copied on the Distribution List herein (Exhibit No. 6). WELL FIELD ZONE OF INFLUENCE: The project is not located within the zone of influence of a wellfield. 14

PAGE 13

ADDITIONAL COMMENTS: The Okeechobee Service Center has been involved in a Mediation effort with landowners within the Fish Slough Basin in northern Okeechobee County. Fish Slough, south of the Military Grade to the Eagle Island Road bridge, is a manmade channel requiring frequent maintenance. At the Eagle Island Road bridge and south approximately two (2) miles, Fish Slough is an open natural conveyance system leading into Cypress Slough. One of the focuses of the mediation effort was to develop a maintenance plan for that portion of Fish Slough located south of the Eagle Island Road bridge. Seven culverts (7) have recently been installed under the Military Grade in response to a Court Order to provide the necessary conveyance south from Audubon property to protect the breeding areas of the Florida Grasshopper Sparrow. Once a final Order is issued by the United States District Court for the Southern District of Florida, a modification of this permit may be required to address culvert crossings within 101 Ranch that are no longer adequately sized to convey this additional runoff from the north (refer to Spec~al Condition No. 15). 15

PAGE 14

GENERAL CONDITIONS I. ALL ACTIVITIES AUTHORIZED BY THIS PERMIT SHALL BE IMPLEMENTED AS SET FORTH IN THE PLANS, SPECIFICATIONS AND PERFORMANCE CRITERIA AS APPROVED BY THIS PERMIT. ANY DEVIATION FROM THE PERMITTED ACTIVITY AND THE CONDITIONS FOR UNDERTAKING THAT ACTIVITY SHALL CONSTITUTE A VIOLATION OF THIS PERMIT AND PART IV, CHAPTER 373, F.S. 2. THIS PERMIT OR A COPY THEREOF, COMPLETE WITH ALL CONDITIONS, ATTACHMENTS, EXHIBITS, AND MODIFICATIONS SHALL BE KEPT AT THE WORK SITE OF THE PERMITTED ACTIVITY. THE COMPLETE PERMIT SHALL BE AVAILABLE FOR REVIEW AT THE WORK SITE UPON REQUEST BY THE DISTRICT STAFF. THE PERMITTEE SHALL REQUIRE THE CONTRACTOR TO REVIEW THE COMPLETE PERMIT PRIOR TO COMMENCEMENT OF THE ACTIVITY AUTHORIZED BY THIS PERMIT. 3. ACTIVITIES APPROVED BY THIS PERMIT SHALL BE CONDUCTED IN A MANNER WHICH DOES NOT CAUSE VIOLATIONS OF STATE WATER QUALITY STANDARDS. THE PERMITTEE SHALL IMPLEMENT BEST MANAGEMENT PRACTICES FOR EROSION AND POLLUTION .CONTROL TO PREVENT VIOLATION OF STATE WATER QUALITY STANDARDS. TEMPORARY EROSION CONTROL SHALL BE IMPLEMENTED PRIOR TO AND DURING CONSTRUCTION, AND PERMANENT CONTROL MEASURES SHALL BE COMPLETED WITHIN 7 DAYS OF ANY CONSTRUCTION ACTIVITY. TURBIDITY BARRIERS SHALL BE INSTALLED AND MAINTAINED AT ALL LOCATIONS WHERE THE POSSIBILITY OF TRANSFERRING SUSPENDED SOLIDS INTO THE RECEIVING WATERBODY EXISTS DUE TO THE PERMITTED WORK. TURBIDITY BARRIERS SHALL REMAIN IN PLACE AT ALL LOCATIONS UNTIL CONSTRUCTION IS COMPLETED AND SOILS ARE STABILIZED AND VEGETATION HAS.BEEN ESTABLISHED. ALL PRACTICES SHALL BE IN ACCORDANCE WITH THE GUIDELINES AND SPECIFICATIONS DESCRIBED IN CHAPTER 6 OF THE FLORIDA LAND DEVELOPMENT MANUAL; A GUIDE TO SOUND LAND AND WATER MANAGEMENT (DEPARTMENT OF ENVIRONMENTAL REGULATION, 1988), INCORPORATED BY REFERENCE IN RULE 40E-4.091, F.A.C. UNLESS A PROJECT-SPECIFIC EROSION AND SEDIMENT CONTROL PLAN IS APPROVED AS PART OF THE PERMIT. THEREAFTER THE PERMITTEE SHALL BE RESPONSIBLE FOR THE REMOVAL OF THE BARRIERS. THE PERMITTEE SHALL CORRECT ANY EROSION OR SHOALING THAT CAUSES ADVERSE IMPACTS TO THE WATER RESOURCES. 4. THE PERMITTEE SHALL NOTIFY THE DISTRICT OF THE ANTICIPATED CONSTRUCTION START DATE WITHIN 30 DAYS OF THE DATE THAT THIS PERMIT IS ISSUED. AT LEAST 48 HOURS PRIOR TO COMMENCEMENT OF ACTIVITY AUTHORIZED BY THIS PERMIT, THE PERMITTEE SHALL SUBMIT TO THE DISTRICT AN ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION COMMENCEMENT NOTICE FORM NO. 0960 INDICATING THE ACTUAL START DATE AND THE EXPECTED COMPLETION DATE. 5. WHEN THE DURATION OF CONSTRUCTION WILL EXCEED ONE YEAR, THE PERMITTEE SHALL SUBMIT CONSTRUCTION STATUS REPORTS TO THE DISTRICT ON AN ANNUAL BASIS UTILIZING AN ANNUAL STATUS REPORT FORM. STATUS REPORT FORMS SHALL BE SUBMITTED THE FOLLOWING JUNE OF EACH YEAR. 6. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE PERMITTED ACTIVITY, THE PERMITTEE SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A REGISTERED PROFESSIONAL ENGINEER OR OTHER APPROPRIATE INDIVIDUAL AS AUTHORIZED BY LAW, UTILIZING THE SUPPLIED ENVIRONMENTAL 18

PAGE 15

RESOURCE PERMIT CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION FORM N0.0881. THE STATEMENT OF COMPLETION AND CERTIFICATION SHALL BE BASED ON ONSITE OBSERVATION OF CONSTRUCTION OR REVIEW OF ASBUILT DRAWINGS FOR THE PURPOSE OF DETERMINING IF THE WORK WAS COMPLETED IN COMPLIANCE WITH PERMITTED PLANS AND SPECIFICATIONS. THIS SUBMITTAL SHALL SERVE TO NOTIFY THE DISTRICT THAT THE SYSTEM IS READY FOR INSPECTION. ADDITIONALLY, IF DEVIATION FROM THE APPROVED DRAWINGS ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. BOTH THE ORIGINAL AND REVISED SPECIFICATIONS MUST B E C L E ARLY SHOWN. THE PLANS MUST BE CLEARLY LABELED AS "ASBUILT" OR "RECORD" DRAWING. ALL SURVEYED DIMENSIONS AND ELEVATIONS SHALL BE CERTIFIED BY A REGISTERED SURVEYOR. 7. THE OPERATION PHASE OF THIS PERMIT SHALL NOT BECOME EFFECTIVE: UNTIL THE PERMITTEE HAS COMPLIED WITH THE REQUIREMENTS OF CONDITION (6) ABOVE, HAS SUBMITTED A REQUEST FOR CONVERSION OF ENVIRONMENTAL RESOURCE PERMIT FROM CONSTRUCTION PHASE TO OPERATION PHASE, FORM N0.0920; THE DISTRICT . DETERMINES THE SYSTEM TO BE IN COMPLIANCE WITH THE PERMITTED PLANS AND SPECIFICATIONS; AND THE ENTITY APPROVED BY THE DISTRICT IN ACCORDANCE WITH SECTIONS 9.0 AND 10.0 OF THE BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT -AUGUST 1995, ACCEPTS RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE SYSTEM. THE PERMIT SHALL NOT BE TRANSFERRED TO SUCH APPROVED OPERATION AND MAINTENANCE ENTITY UNTIL THE OPERATION PHASE OF THE PERMIT BECOMES EFFECTIVE. FOLLOWING INSPECTION AND APPROVAL OF THE PERMITTED SYSTEM BY THE DISTRICT, THE PERMITTEE SHALL INITIATE TRANSFER OF THE PERMIT TO THE APPROVED RESPONSIBLE OPERATING ENTITY IF DIFFERENT FROM THE PERMITTEE. UNTIL THE PERMIT IS TRANSFERRED PURSUANT TO SECTION 40E-l.6107, F.A.C., THE PERMITTEE SHALL BE LIABLE FOR COMPLIANCE WITH THE TERMS OF THE PERMIT. 8. EACH PHASE OR INDEPENDENT PORTION OF THE PERMITTED SYSTEM MUST BE COMPLETED IN ACCORDANCE WITH THE PERMITTED PLANS AND PERMIT CONDITIONS PRIOR TO THE INITIATION OF THE PERMITTED USE OF SITE INFRASTRUCTURE LOCATED WITHIN THE AREA SERVED BY THAT PORTION OR PHASE OF THE SYSTEM. EACH PHASE OR INDEPENDENT PORTION OF THE SYSTEM MUST BE COMPLETED IN ACCORDANCE WITH THE PERMITTED PLANS AND PERMIT CONDITIONS PRIOR TO TRANSFER OF RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE PHASE OR PORTION OF THE SYSTEM TO A LOCAL GOVERNMENT OR OTHER RESPONSIBLE ENTITY. 9. FOR THOSE SYSTEMS THAT WILL BE OPERATED OR MAINTAINED BY AN ENTITY THAT WILL REQUIRE AN EASEMENT OR DEED RESTRICTION IN ORDER TO ENABLE THAT ENTITY TO OPERATE OR MAINTAIN THE SYSTEM IN CONFORMANCE WITH THIS PERMIT, SUCH EASEMENT OR DEED RESTRICTION MUST BE RECORDED IN THE PUBLIC RECORDS AND SUBMITTED TO THE DISTRICT ALONG WITH ANY OTHER FINAL OPERATION AND MAINTENANCE DOCUMENTS REQUIRED BY SECTIONS 9.0 AND 10.0 OF THE BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT -AUGUST 1995, PRIOR TO LOT OR UNIT SALES OR PRIOR TO THE COMPLETION OF THE SYSTEM, WHICHEVER OCCURS FIRST. OTHER DOCUMENTS CONCERNING THE ESTABLISHMENT AND AUTHORITY OF THE OPERATING ENTITY MUST BE FILED WITH THE SECRETARY OF STATE WHERE APPROPRIATE. FOR THOSE SYSTEMS WHICH ARE PROPOSED TO BE MAINTAINED BY THE 19

PAGE 16

COUNTY OR MUNICIPAL ENTITIES, FINAL OPERATION AND MAINTENANCE DOCUMENTS MUST BE RECEIVED BY THE DISTRICT WHEN MAINTENANCE ANO OPERATION OF THE SYSTEM IS ACCEPTED BY THE LOCAL GOVERNMENT ENTITY. FAILURE TO SUBMIT THE APPROPRIATE FINAL DOCUMENTS WILL RESULT IN THE PERMITTEE REMAINING LIABLE FOR CARRYING OUT MAINTENANCE AND OPERATION OF THE PERMITTED SYSTEM AND ANY OTHER PERMIT CONDITIONS. 10. SHOULD ANY OTHER REGULATORY AGENCY REQUIRE CHANGES TO THE PERMITTED SYSTEM, THE PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING OF THE CHANGES PRIOR TO IMPLEMENTATION SO THAT A DETERMINATION CAN BE MADE WHETHER A PERMIT MODIFICATION IS REQUIRED. 11. THIS PERMIT DOES NOT ELIMINATE THE NECESSITY TO OBTAIN ANY REQUIRED FEDERAL, STATE, LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START OF ANY ACTIVITY APPROVED BY THIS PERMIT. THIS PERMIT DOES NOT CONVEY TO THE PERMITTEE OR CREATE IN THE PERMITTEE ANY PROPERTY RIGHT, OR ANY INTEREST IN REAL PROPERTY, NOR DOES IT AUTHORIZE ANY ENTRANCE UPON OR ACTIVITIES ON PROPERTY WHICH IS NOT OWNED OR CONTROLLED BY THE PERMITTEE, oR CONVEY ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAP1ER 40E-4 OR CHAPTER 40E-40, F.A.C. 12. THE PERMITTEE IS HEREBY ADVISED THAT SECTION 253.77, F.S. STATES THAT A PERSON MAY NOT COMMENCE ANY EXCAVATION, CONSTRUCTION, OR OTHER ACTIVITY INVOLVING THE USE OF SOVEREIGN OR OTHER LANDS OF THE STATE, THE TITLE TO WHICH IS VESTED IN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND WITHOUT OBTAINING THE REQUIRED LEASE, LICENSE, EASEMENT, OR OTttER FORM OF CONSENT AUTHORIZING THE PROPOSED USE. THEREFORE, THE PERMITTEE IS RESPONSIBLE FOR OBTAINING ANY NECESSARY AUTHORIZATIONS FROM THE BOARD OF TRUSTEES PRIOR TO COMMENCING ACTIVITY ON SOVEREIGNTY LANDS OR OTHER STATEOWNED LANDS. 13. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING, UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E-20.302(4), F.A.C., ALSO KNOWN AS THE "NO NOTICE" RULE. 14. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, ALTERATION, OPERATION, MAINTENANCE, REMOVAL, ABANDONMENT OR USE OF ANY SYSTEM AUTHORIZED BY THE PERMIT. 15. ANY DELINEATION OF THE EXTENT OF A WETLAND OR OTHER SURFACE WATER SUBMITTED AS PART OF THE PERMIT APPLICATION, INCLUDING PLANS OR OTHER SUPPORTING DOCUMENTATION, SHALL NOT BE CONSIDERED BINDING UNLESS A SPECIFIC CONDITION OF THIS PERMIT OR A FORMAL DETERMINATION UNDER SECTION 373.421(2), F.S., PROVIDES OTHERWISE. 16. THE PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING WITHIN 30 DAYS OF ANY SALE, CONVEYANCE, OR OTHER TRANSFER OF OWNERSHIP OR CONTROL OF A PERMITTED SYSTEM OR THE REAL PROPERTY ON WHICH THE PERMITTED SYSTEM IS LOCATED. ALL TRANSFERS OF OWNERSHIP OR TRANSFERS OF A PERMIT ARE SUBJECT TO THE REQUIREMENTS OF RULES 40E-l.6105 AND 40E-1.6107, F.A.C. THE PERMITTEE 20

PAGE 17

TRANSFERRING THE PERMIT SHALL REMAIN LIABLE FOR CORRECTIVE ACTIONS THAT MAY BE REQUIRED AS A RESULT OF ANY VIOLATIONS PRIOR TO THE SALE, CONVEYANCE OR OTHER TRANSFER OF THE SYSTEM. 17. UPON REASONABLE NOTICE TO THE PERMITTEE, DISTRICT AUTHORIZED STAFF WITH PROPER IDENTIFICATION SHALL HAVE PERMISSION TO ENTER, INSPECT, SAMPLE AND TEST THE SYSTEM TO INSURE CONFORMITY WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE PERMIT. 18. IF HISTORICAL OR ARCHAEOLOGICAL ARTIFACTS ARE DISCOVERED AT ANY TIME ON THE PROJECT SITE, THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE APPROPRIATE DISTRICT SERVICE CENTER. 19. THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE DISTRICT IN WRITING OF ANY PREVIOUSLY SUBMITTED INFORMATION THAT IS LATER DISCOVERED TO BE INACCURATE. 21

PAGE 18

SPECIAL CONDITIONS 1. DISCHARGE FACILITIES: BASIN: ONE, STRUCTURE NO. 1: 1-.9' DIA. CIRCULAR ORIFICE WITH INVERT AT ELEV. 68' NGVD. 40 LF OF 1.5' DIA. CMP CULVERT. 1-1.5' DIA. DROP INLET WITH CREST AT ELEV. 70' NGVD. RECEIVING BODY: FISH SLOUGH CONTROL ELEV: 66 FEET NGVD. BASIN: ONE, STRUCTURE NO. 4: 1-9.4' WIDE SHARP CRESTED WEIR WITH CREST AT ELEV. 66.9' NGVD. 30 LF OF 3' DIA. CMP CULVERT. RECEIVING BODY: FISH SLOUGH CONTROL ELEV: 66 FEET NGVD. BASIN: TWO: 1-.6' DIA. CIRCULAR ORIFICE WITH INVERT AT ELEV. 68' NGVD. 40 LF OF 1.5' DIA. CMP CULVERT. 1-1.5' DIA. DROP INLET WITH CREST AT ELEV. 70' NGVD. RECEIVING BODY: FISH SLOUGH CONTROL ELEV: 64.5 FEET NGVD. BASIN: THREE, STRUCTURE NO. 1: 1-1.2' DIA. CIRCULAR ORIFICE WITH INVERT AT ELEV. 68.5' NGVD. 40 LF OF 3' DIA. CMP CULVERT. 1-3' DIA. DROP INLET WITH CREST AT ELEV. 70' NGVD. RECEIVING BODY: FISH SLOUGH CONTROL ELEV: 65 FEET NGVD. BASIN: THREE, STRUCTURE NO. 4: 2-9.4' WIDE SHARP CRESTED WEIRS WITH CREST AT ELEV. 66.3' NGVD. 2-3' DIA. CMP CULVERTS EACH 30' LONG. RECEIVING BODY: FISH SLOUGH CONTROL ELEV: 65 FEET NGVD. 22

PAGE 19

2. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 3. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER . . 4. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 5. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. 6. LAND USE BY THE PERMITTED FACILITIES IS AGRICULTURAL. PROPOSED CONSTRUCTION OF RESIDENCES MAY REQUIRE MODIFICATION OF THIS PERMIT AND MUST BE REPORTED TO THE DISTRICT. 7. UPON COMPLETION OF CONSTRUCTION, AND ON AN ANNUAL BASIS (MARCH OF EACH YEAR) THE PERMITTEE SHALL SUBMIT REPORTS TO THIS DISTRICT FOR STRUCTURAL ADEQUACY OF THE PERMITTED IMPOUNDMENT. SUCH REPORTS SHALL INCLUDE PROPOSAL OF TECHNIQUE AND SCHEDULE FOR REPAIR OF ANY DEFICIENCIES NOTED 'AND SHALL BE SIGNED AND SEALED BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. 8. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF THE PERMITTEE. PRIOR TO TRANSFER OF TITLE FOR ANY PORTION OF THE PROJECT TO A THIRD PARTY, MODIFICATION OF THE PERMIT WILL BE REQUIRED TO VERIFY CONTINUED COMPLIANCE WITH LIMITING CONDITION NO. 8. 9. SILT SCREENS, HAY BALES OR OTHER SUCH SEDIMENT CONTROL MEASURES SHALL BE UTILIZED DURING CONSTRUCTION. THE SELECTED SEDIMENT CONTROL MEASURES SHALL BE INSTALLED LANDWARD OF THE UPLAND BUFFER ZONES AROUND ALL PROTECTED WETLANDS. ALL AREAS SHALL BE STABILIZED AND VEGETATED IMMEDIATELY AFTER CONSTRUCTION TO PREVENT EROSION INTO THE WETLANDS AND UPLAND BUFFER ZONES. 10. THE SFWMD RESERVES THE RIGHT TO REQUIRE REMEDIAL MEASURES TO BE TAKEN BY THE PERMITTEE IF WETLAND AND/OR UPLAND MONITORING OR OTHER INFORMATION DEMONSTRATES THAT ADVERSE IMPACTS TO PROTECTED, CONSERVED, INCORPORATED OR MITIGATED WETLANDS OR UPLANDS HAVE OCCURRED DUE TO PROJECT RELATED ACTIVITIES. 11. ANY FUTURE CHANGES IN LAND USE OR TREATMENT OF WETLANDS AND/OR UPLAND BUFFER/COMPENSATION AREAS MAY REQUIRE A SURFACE WATER MANAGEMENT PERMIT MODIFICATION AND ADDITIONAL ENVIRONMENTAL REVIEW BY DISTRICT STAFF. PRIOR TO THE PERMITTEE INSTITUTING ANY FUTURE CHANGES NOT AUTHORIZED BY THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE SFWMD OF SUCH INTENTIONS FOR A DETERMINATION OF ANY NECESSARY PERMIT MODIFICATIONS. 12. ACTIVITIES ASSOCIATED WITH IMPLEMENTATION OF THE WETLAND MITIGATION, 23

PAGE 20

. . MONITORING AND MAINTENANCE SHALL BE IN ACCORDANCE WITH THE FOLLOWING WORK SCHEDULE. ANY DEVIATION FROM THESE TIME FRAMES SHALL REQUIRE FORMAL SFWMD APPROVAL. SUCH REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE (1) REASON FOR THE MODIFICATION; (2) PROPOSED START/FINISH DATES; AND (3) PROGRESS REPORT ON THE STATUS OF THE EXISTING MITIGATION EFFORTS. COMPLETION DATE JULY 1, 1999 JULY 1, 2000 JULY 1, 2001 JULY 1, 2002 JULY 1, 2003 ACTIVITY FIRST MONITORING REPORT SECOND MONITORING REPORT THIRD MONITORING REPORT FOURTH MONITORING REPORT FIFTH MONITORING REPORT 13. A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT 5 FOR THE PRESERVE AREAS WITHIN THE CONSERVATION EASEMENT AREA ON A REGULAR BASIS TO ENSURE THE INTEGRITY AND VIABILITY OF THE CONSERVATION AREA AS PERMITTED. MAINTENANCE SHALL BE CONDUCTED IN PERPETUITY TO ENSURE THAT THE CONSERVATION AREAS ARE MAINTAINED FREE FROM EXOTIC VEGETATION (AS CURRENTLY DEFINED BY THE FLORIDA EXOTIC PEST PLANT COUNCIL) IMMEDIATLY FOLLOWING A MAINTENANCE ACTIVITY, EXOTIC OR NUSIANCE PLANT SPECIES SHALL CONSTITUTE NO MORE THAN 5% OF TOTAL COVER OF THE CONSERVATION AREAS BETWEEN MAINTENANCE ACTIVITIES. 14. A MONITORING AND MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT 5. THE MONITORING PROGRAM SHALL EXTEND FOR A PERIOD OF FIVE YEARS WITH ANNUAL REPORTS SUBMITTED TO THE SFWMD COMPLIANCE STAFF. 15. A MODIFICATION TO THIS PERMIT MAY BE REQUIRED TO ADDRESS ANY REVISIONS TO THE SYSTEM, INCLUDING DITCH AND ASSOCIATED CULVERT CROSSINGS OF FISH SLOUGH, WITHIN 101 RANCH WHICH MAY BE REQUIRED AS A RESULT OF THE MAY 28, 1998 US DISTRICT COURT ORDER GRANTING MOTION FOR PRELIMINARY INJUCTION OR RESULTING FINAL ORDER. 16. THIS PERMIT AUTHORIZES THE APPLICANT, 101 RANCH, TO INSTALL FLASHBOARDS IN THE GRAVITY DISCHARGE STRUCTURES SERVING BASINS 1 & 3 AS NECESSARY TO PREVENT FLOWS FROM FISH SLOUGH FROM ENTERING THE PROJECT. HOWEVER, THE FIXED PLATE ELEVATIONS FOR BASINS 1 & 3, DESCRIBED HEREIN, ARE THE MINIMUM ELEVATIONS AT WHICH STORMWATER FROM THE SITE CAN BE DIRECTED TO FISH SLOUGH. 24

PAGE 21

,ox . . -. ) __ 70 ... -. •••••••••~==s=== ' 69 '-. ,.., ,-----.,./' --, (~••r.~ . .. ;. • • "'T ---ii . 6 \__ {69 ..... I . 1 I ' --7.. .. ----. ----' . AG RI CULTURAL ENGINEERING, P.A: / 364 Catfish Creek Road, Lake Placid, FL 33852 Ph. (941) 465-1948 & Fx (941) 465-3967 --. x69 -I-. -:: <:_-_-_ ..... . + .... . -~ . . -.;. . -. . ... --I I . .... I J -I • I I I I__. . -.• 1" = 2000' 5 ~ J /a-.. -i:: -y-. 7 -$ -~--' •. --... .,,,.. . . . O' . ,--~-. -~~ 10 FEBRUARY 1998 . . , -' 4 . .. . _ _...... -. ~~--~ + : -~--~~---~~~~~8--~---. 167 . • • ... . --• j _ -. ... ----_ ______ .:._::::'.!-~-----------t-----=-..:1 .-~---. . • .. f",.__ I : ~lO;,.gl\ --: . ---. . ""' ...... .. _~. '-. -~-I) ' f . ,~ I ".. I •• I • . .. T I '-. ... . , ....... , . . -•: .... _.. . • . "" r--~ I e-rI • I .•• I r . . I ' .I I ~. I I I I I I I I .,;,. .... ..... -r .b------------1/ _/1 . I-I • ______ _: ___ I _ _ Tt,o~as-----:;_-:-:--------~~mr:nock . r N ::,-t 18 0 101 RANCH . ' OKEECHOBEE RANCH HA YNES WILLIAMS I I I locabo<"\1 Map -------------I

PAGE 22

DATA TABLE FOR BLEEDER & DISCHARGE STRUCTURE ... " . -' 1111 :NII HI IIW INV INV i! DI lk! L I 73.0 70.D 68.0 o., 67.5 67.5 1.5 1.5 40 2 73.0 70.0 68.0 0.6 67.5 67.5 1.5 1.5 40 -' . . _, Ill , __ "--DI 04'! L I 73.D 70.7 67.5 67.5 1.5 1.5 40 2 73.0 70.7 67.5 67.5 • 1.5 1.5 40 3 73.0 70.8 67.5 67.5 1.5 1.5 40 3 73.0 70.0 6a5 1.2 66.0 66.0 3 3 40 TYPICAL OVERFLOW ct RETURN STRUCTURE TYPICAL BLEEDER ct DISCHARGE STRUCTURE f-12' -I 13 e-;..1---.... I ~ l 2 Solid Weld / r I ~,,• lnll Plal Bar I,'~ • • •• o.a.. n ,_ LEVEE 3• ••• cellelnta m wallaalq , .... --... l 11 l I 1-,1 I,_..., t L----' COLLECTION DITCH Riser Trash Rack Detail DATA TABLE FOR GRAVITY STRUCTURES SECTION A A TYPICAL P -PIG te Over Flow 3• Risers with perr1ar,er,t plates I! eleva tlor,s on Cho.rt. CRST e All levees except for the Fish Slough l'evee be on extsiting bank or upland RES. I I DATA __ , -(Nor TII KAUI LEVEE PUMP LAYOUT -IIP. I 73.0 2 73.0 3 73.0 2000 67.0 66.0 1800 65.5 64.5 3700 66.3 65.0 c011bf~l1JN TYPICAL PUJIP LAYOUT N.":.~.-.~ . . ~~-;~)~:: .. LI ............ -:-:-:-:-:-:-2-:,-:-:-5 Ac 1 :-:-:-:-:-:-:-.-.-:-.-:•:•: I / t:::::::::::::::::::::/, // !::::::::::::::::::::::::::• ,,, ........... fJ31 1 \ f.:~ Ac r Ac CONSERVATIO EASIMINT I . ) "C" "-" I _ 4 11 Acflr-..,..__,a I OVIRPLOIJ 0 COLLICTION -.. DITCH .._ __ 101 RANCH MASTER PLAN AGRICULTURAL ENGINEER/NC, PA. M4 ~rn.H CU.It ltOAD I.ta f'&M:111, " .... / \..--..~24• 1 \ --( I ' I ~.I ' 2 :.. I •,~ • I l_ -"'-" t 1147-00227 I I I DITCH ----PUIIP PROJECT BNDRY PROPOSED CULV alC...NII .. q,JSCHARGE SILT SCREEN WETLAND E:XISTING ( CU..VERT C J 4' 1' = 1400'

PAGE 23

Ob/'~ '98 13: 13 ID:aunty , "Florida, and more specifically described in Exhibit A attached hereto and incorporated herein (11Property"): and , 1 WHEREAS, the Grantor desires to construct (name or project) / 0 I ./1,, NC fa/-_______________ .(•Project") at a site in r r County, which is subject to the regulatory jurisdiction of South _ Ftorida Water Management Distrfqt ('"District"); and ' WHEREAS, District Permit No. '-1f0 l:/J--l, (•Pennlt") authorizes certain nclivitioc which .iffoct watorc in or of the State of Florida; and WHEREAS, this Pe,mit requires that the Grantor preserve, enhanr.a. rA~tnrP. and/or mitigate wetlands and/or uplands under the District's jurisdiction; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1997), over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Granteein issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of whiuh is hereby acknowludyau. G,a,,to, hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Granter, and shall remain in full force and effect forever . I of 5 RECEIVED HAV 2 8 1998 NAM I 4060

PAGE 24

ID:ll
PAGE 25

ID:(](EE SC FAX:9414G252G9 PAGE S1.2nd.vd torm -lu11.vy, 1998 f ActMtlor. rtotrlmontal to rlrainage, flood r.ontrnl, w~tnr r.onoo,vation, ~,as;A,. ,a,.t,al, uil ~61-.saJ1JatiA", A• fish a .. s wiltllifu hubilul rnaaaJ1Jatia,. i"aluai"lJ kut ,,ot lio-,itad to, ditGhi, '\:I• J,ki,,~ a,,d '"' 1l.i1 •~. g. Acts or uses detrimental to such aforementioned retention of land or water areas: h. Acts or uses which are detrimental to the preservation of any features or aspocts of the Property having historical or archaeofogicaf significance. 3. Grantor rese,ves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent wtth any District rule, criteria, permit and the intent and purposes of this Conservation Easement. 4 . No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property . 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be bome by and recoverable against the nonprevailing party in such proceedings. 8. Enforcement of the tenns, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Granter, shall not be deemed or construed to be a waiver of Grantee•s rights hereunder . 9. Grantee will hold this conservation easement exclusively for conseNation purposes. Grantee will not assign its rights and obligations under this consorvation casement except to another . organization qualified to hold such interests under the applicable state laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved . J of 5 3 3c

PAGE 26

Ob/~ '98 13: 16 ID:OKEE SC FAX:9414625269 PAGE 6 .• Stand&rd (onn -1#1\ua,y. 1991 STATE OF FLORIDA ) ss: COUNTY OF aceechobee On this 8th day of May , 199.L before me. the undersigned nota,y public. personally appeared Haynes E. Williams , personally known to ma to be the person who subscribed to the foregoing instrument and did not take an oath, as the (position) President ---------• of (corporation) 101 Ranch Inc. • a Florida corporation, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so. IN WITNESS WHEREOF. I hereunto set my hand and official seal. South Florida Water Management District Legal Form Approved: SFWMD -January, , 998 5 of .5 Al, SHERYL YACkAMOUIH NOTAJlY PUBLIC STATE OF FLORIDA COMMISSION NO. CC453849 MY COMMSION EXP. APR. 19,1999

PAGE 27

05/28 '98 13:17 FAX:9414625269 ID:a
PAGE 28

...... ~ -J. . . . \ PHOIO REFERENCE POINI' I ---......... . . . . . . . . . . . . . . . . . . . \ . . . . 1 0. 9., J . . " A c;_ . . . . . . \ ~ C-a~s-e~v-ali;~ E~J e • • • • • • • • • • • ----1 ~ . _. _ ~9: 7_ -1~~7s _ / . _ _ . _. _ ~ _ , 1 -.. ---, / . . \ .... ' PHCYID REFERENCE POIN'J . 3 . . . . . . . . 7 / . . . / CJPHOID ~6mr __:, / 2 . . . 'I''' , ,-,. . . . ,l

PAGE 29

IO:OKEE SC FAX:9414625269 PAGE 9

PAGE 30

06/01/1998 12:59 9414653967 MALca..M JOHNSON ERP Applic:atk)n Ha)'ncs Williams -R.mch IOI MONITORING PROGRArn Th1; O\Vner M agent will be responsible _ for submitting an annual repoI1. I . Fixed Point Panoramic Photographs Panoramic photographs will be taken annuall) from the two photo points -;hown t"'Hl the map for five years. All phot Jgraphs wilt be identi l!ed wirh respect to direction, location and c ate. The first set of photograph ~ will be taken and submitted within t'vo months of the apprm ~d permit. Photographs will then be taken the corresponding month \me ~-0ar later for five years. 2. Staff & Rain Gauge Th<:r~ "viii hi.:~ no staff nor rain gauge . 3. Work Schedule Tht:-re is not construction scheduled for this co 1servation easement. 4. Mliiotenance Schedule PAGE 84" The maintenance program is to control exotic , egetation (as currently defined hv the Florida Exotic Pest Plant Council) ;uch as cattails, prirnro~-t! ~illow and torpedo grass. Maintenance shall be in perpetuity to .. ensure I hat the exotic and nuisance plant species i ; no more than 5% of total c<1, er at any time. Page 26 of 26 f eiM" 93 .,. f

PAGE 31

... STAFF REPORT DISTRIBUTION LIST PROJECT: 101 RANCH APPLICATION NUMBER: 980213-6 PERMIT MODIFICATION NUMBER: 47-00227-S INTERNAL DISTRIBUTION Reviewer: X Gregory Sawka X Loris C. Asmussen, P.E. X Anita R. Bain X Damon M. Meiers, P.E. X J. Bonnema, OKS X M. Elsner -UDP X J. Golden -REG K. Love -GPA X R. Robbins -NRM X Service Center Director -OKS X A. Waterhouse -REG X Enforcement X Environmental PPC Reviewer X Field Engineering X Office of Counsel GOVERNING BOARD MEMBERS Mr. Mitchell W. Berger Ms. Vera Carter Mr. William Graham Mr. William Hanvnond Mr. Richard Machek Mr. Michael Minton Mr. Eugene K. Pettis Ms. Miriam Singer Mr. Frank Williamson, Jr. DEPT. OF ENVIRONMENTAL PROTECTION EXTERNAL DISTRIBUTION X Applicant: 101 RANCH X Applicant's Consultant: AGRICULTURAL ENGINEERING PA X Engineer, County of: OKEECHOBEE Engineer, City of: Local Drainage District: COUNTY BUILDING AND ZONING OTHER X DEP X David & Jane Durando X Dr. Paul Gray X Elizabeth Bishop X F.G.F.W.F.C. X FDEP X Florida Audubon Charles Lee X Harry Payton . X J.A. Jurgens, P.A. X Len Li ndah 1 X Okeechobee Property Appraiser X Pat Tyner X Sierra Club Central Florida Group X Steve Powell X Steve Walker X US Fish & Wildlife X United States Department of Justice EXHIBIT

PAGE 32

ADDRESSES DEP Southeast District Office P.O. Box 15425 West Palm Beach, Fl 33416 David & Jane Durando Okeechobee Partnership P.O. Box 849 Wauchula, Fl 33873 Dr. Paul Gray National Audubon Society 100 Riverwoods Circle . Lori da, Fl 33857 Elizabeth Bishop Army Corps of Engineers 2460 Courtenay Parkway #101 Merrit Island, Fl 32953 FDEP STAFF REPORT DISTRIBUTION LIST Div of Recreation and Park -District 7 13798 SE Federal Highway Hobe Sound, FL 33455 Harry Payton Sun Trust International Center One Southeast Third Avenue Suite 1200 Miami, Fl 33131 J.A. Jurgens, P.A. 505 Wekiva Springs Road Suite 800 Longwood, Fl 32779 Len Lindahl Lindahl, Browing, Ferrari & Hellstrom, Inc. 421 NW 3rd Street Okeechobee, Fl 34972 _. I EXHIBIT .2

PAGE 33

ADDRESSES Okeechobee Property Appraiser Bill Sherman 307 NW 5th Ave Okeechobee, FL 34972 Pat Tyner 18387 Highway 98 North Okeechobee, Fl 34972 Steve Powell P.O. Box 14550 Ft. Lauderdale, Fl 33312 Steve Walker Lewis, Longman & Walker STAFF REPORT DISTRIBUTION LIST 1700 Palm Beach Lakes Boulevard Suite 1000 West Palm Beach, Fl 33401 US Fish & Wildlife Mike Jennings P.O. Box 2676 Vero Beach, Fl 32961 United States Department of Justice Lois J. Schiffer Ben Franklin Station P.O. Box 7369 Washington, DC 200447369 EXHIBIT


printinsert_linkshareget_appmore_horiz

Download Options

close


  • info Info

    There are both PDF(s) and Images(s) associated with this resource.

  • link PDF(s)



  • link Image(s)

    <- This image

    Choose Size
    Choose file type



Cite this item close

APA

Cras ut cursus ante, a fringilla nunc. Mauris lorem nunc, cursus sit amet enim ac, vehicula vestibulum mi. Mauris viverra nisl vel enim faucibus porta. Praesent sit amet ornare diam, non finibus nulla.

MLA

Cras efficitur magna et sapien varius, luctus ullamcorper dolor convallis. Orci varius natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Fusce sit amet justo ut erat laoreet congue sed a ante.

CHICAGO

Phasellus ornare in augue eu imperdiet. Donec malesuada sapien ante, at vehicula orci tempor molestie. Proin vitae urna elit. Pellentesque vitae nisi et diam euismod malesuada aliquet non erat.

WIKIPEDIA

Nunc fringilla dolor ut dictum placerat. Proin ac neque rutrum, consectetur ligula id, laoreet ligula. Nulla lorem massa, consectetur vitae consequat in, lobortis at dolor. Nunc sed leo odio.