Fish slough basin comment request - 1998-04-27

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Fish slough basin comment request - 1998-04-27

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Fish slough basin comment request - 1998-04-27
Publication Date:
Physical Location:
Box 2


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 )
L41-00016 ( USFLDC DOI )
l41.16 ( USFLDC Handle )

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University of South Florida

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South Florida Water Managentent District 3301 Gun Club Road, West Palm Beach, Florida33406 • (561) 686-8800 • FL WATS 1-800-432-2045 TDD (561) 697-2574 . CON 24-06 April 27, 1998 Harry A. Payton, Esquire Suite 1200 SunTrust International Center One Southeast Third Avenue Miami, FL 33131 Dear Mr.Payton: SUBJECT: Fish Slough Basin, Okeechobee County The Governing Board of the South Florida Water Management District (District) has allowed staff an additional thirty (30) days to resolve concerns raised by landowners within the area referred to as the Fish Slough Basin, including, of course, those of your client before taking any regulatory-based enforcement actions. As you know, Emergency Authorizations1 (Nos. SFWMD 98-18 DOA-SWIM and SFWMD 98-27 DAO SWI M) were issued on April 1, 1998 to authorize landowners to implement specified activities in an effort to relieve severe and unnatural flood conditions at and around the National Audubon Sanctuary (Ordway-Whittel Kissimmee Prairie Sanctuary), and restore natural historic surface water conveyance in the basin. Since time is of the essence, I am writing to seek your immediate assistance. The District is seeking specific comments and proposed amendments from you and your clients regarding the Emergency Authorizations. These comments and amendments, preferably in a strike through and underline format, should address the concerns of your client. You and your clients have represented an interest in working to resolve any outstanding concerns. The purpose of seeking these comments from you is to hopefully facilitate a resolution between your client's concerns and the other landowners at the May 5, 1998 meeting. A meeting of all landowners is scheduled for the week of May 5, 1998 as detailed in the attached meeting notice. For your convenience a computer diskette containing the emergency authorizations is included in this package. Representatives from the U. S. Fish and Wildlife Service, U. S. Department of the Interior and the U. S. Department of Justice met with District staff this week to discuss issues associated with the status of the District Emergency Authorizations and the status of an Endangered Species Act takin gs case. 1 (1) 98-18 DOA-SWIM allowed respondents to submit plans for installation and eventual operation of culverts under M.G.R. (2) 98-27 DOA-SWIM allowed operation of a temporary bypass channel around Fish Slough south of Eagle Island Road. 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


Harry A. Payton April 27, 1998 Page 2 We are hopeful that the lack of rainfall over the last couple of weeks will eliminate the need for "emergency" actions on the part of the District. Even so, there still remain water resource issues, which will need to be addressed in the Basin. This week, District engineers and biologists will be compiling available information and modeling to ensure that the activities authorized in the District Emergency Authorization will not result in significant flooding impacts or the restoration of surface water flows above natural, historic conditions. Turning to the pending administrative proceedings, in order to direct the District's resources towards reaching a resolution of the landowner's concerns, the District is requesting a 30 day extension of time in which to answer Claudio I. Alvarez's petition in the above styled administrative proceeding. This extension will grant the District until June 4, 1998 in which to file a responsive pleading to your petition. Please respond to this request in writing within three days in order to ensure that timeframes are not missed. If you have any questions regarding this extension or any of . the issues raised by this letter, please feel free to contact any of the following staff: Gary Ritter (941/462-5260), Luna Ergas (682-6753), John Morgan (941/462-5260) or John Fumero (682-6256) Sincerely, John J. Fumero ohn Morga Deputy General Counsel Director, Okeechobee Service Center Office of Counsel South Florida Water Management District South Florida Water Management District Enclosures


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