South Florida Water Managem.ent District 3301 Gun Club Road, West Palm Beach, F1orida33406 â€¢ (561) 686-8800 â€¢ FL WATS 1-800-432-2045 TDD (561) 697-2574 ADM28-06 February 18, 1998 John T. Mitchell Environmental Counsel National Audubon Society 102 East Fourth Avenue Tallahassee, 32303 Haynes Williams 208 N. Parrott A venue Okeechobee, FL 34972 Dear Mr. Mitchell and Mr. Williams: Subject: South Florida Water Management District's Emergency Order I have enclosed a draft copies of the South Florida Water Management District's Emergency Order which will be issued by the District to both of you shortly. The Emergency Order gives both of you the regulatory authority needed to install the two 30" CMP culverts under Military Grade road. Please review the Emergency Order and contact me or Gary Ritter within the next 2 days with any questions you have regarding it. Mr. Ritter can be reached at the Okeechobee Service Center at 941-462-5260. I am also attaching a draft of an agreement the District has prepared in order to facilitate your responsibilities in complying with the District's Emergency Order. Please note that the District drafted this agreement on a purely voluntary basis and that the agreement is not a regulatory order from the District. It is intended to be strictly between 101 Ranch, Inc., and the National Audubon Society with references to the attached Order and the District. Please review the agreement I have drafted, and if you require changes or have comments, I suggest you communicate them to each other and forward to the District the mutually acceptable changes. The District has been actively attempting to resolve the issues regarding the regions' surface water management issues and the Florida Grasshopper Sparrow's upcoming breeding season. The District is currently seeking an emergency authorization from the Department of Environmental Protection to conduct maintenance dredging of Fish Slough, south of Eagle Island Road. This dredging will help to ensure that the water generated from the two 30"culverts will flow to the south of Eagle Island road and begin the region-wide surface water management plan discussed in the past. The dredging is in accordance with the recommendation of Len Lindhal, the engineering finru retained by the affected landowners. The District will be seeking reimbursement for its costs in (cleanmg ouy Fish Slough from all necessary and appropriate Governing Board Frank Williamson, Jr. , Chairman Eugene K . Pettis, Vice Chairman Mitchell W. Berger Vera M. Carter . William E. Graham William Hammond Richard A. Machek Michael D. Minton Miriam Singer Samuel E. Poole III, Executive Director Michael Slayton, Deputy Executive Director ,..,. ,... .... " , ., "" 'I II' T â€¢ n , n , T"'T ,., ,., .., 1 / ,1 Of\
John T. Mitchell Haynes Williams February 18, 1998 Page2 landowners. Within the next few days, the District will be contacting the appropriate landowners with more information regarding the reimbursement of the Fish Slough restoration work. After completing the restoration work on Fish Slough and the issuance of the attached Emergency Order, the District, with the cooperation of all landowners and the County, will work on drafting a Consent Agreement which will address long term maintenance and operation of the various "works" in the region. With the participation of all landowners, this Consent Agreement can be the vehicle to manage the surface waters in the area in a manner which will not degrade the water quality of the surrounding systems. The attached Emergency Order is only one step in the District's commitment to work towards a resolution that will address all concerns while ensuring that all structures in the area are in compliance with District rules. I look forward to your responses and to working with both of you in the near future to resolve these issues. If you have any questions regarding this letter or the attached documents, please contact me at 561-687-6753 or by fax at 561-687-6276. unaErgas Attorney Office of Counsel Regulatory & Planning Section South Florida Water Management District LE c: Mike Slayton w/o att. John Fumero w/o att. John Morgan w/o att. Gary Ritter w/o att. Terrie Bates w/o att. Bob Brown w/o att. Rob Robbins w/o att.