Hydrolic Monitoring - 2001-01-17

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Hydrolic Monitoring - 2001-01-17

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Hydrolic Monitoring - 2001-01-17
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 )
L41-00046 ( USFLDC DOI )
l41.46 ( USFLDC Handle )

USFLDC Membership

University of South Florida

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Paul Gray, Ph.D. Audubon of Florida January 17, 2001 Ordway-Whittall Kissimmee Prairie Sanctuary 100 Riverwoods Circle Lorida, FL 33857 RE: Hydrologic Monitoring Well adjacent to Haynes Williams Ditch Dear Paul: D. GREG BRAUN CONSUL TING SCIENTIST 10370 Trailwood Circle Jupiter, Fl 33478 (561)-575-2041; fax (561)-575-0042 e-mail : dgregbraun@ aol.com During a recent discussion, you advised me that the agenda for the January meeting of the Governing Board of the South Florida Water Management District included an item concerning the issuance of a Consumptive Use Permit for a well on 101 Ranch. We discussed my observation of a new well on 101 Ranch during my December monitoring event, and a potential discrepancy between the location of the new well and the information being processed by the WMD. Based on your interest in this situation, I thought you might be interested in this description of my observations and the attached exhibits . One of the areas included in the hydrologic monitoring protocol required by the Consent Decree is the routine evaluation of the new drainage conveyance that extends south from the Audubon property through the 101 Ranch. During this time of the year, monitoring is conducted once per month, and my monitoring runs are typically conducted at approximately mid-month. As my e mail note to you on December 19, 2000 described, I noticed a new well adjacent to the Haynes Williams Ditch during my monitoring run on December 15, 2000. While I was there, at approximately 11 :30 a.m., a pump was operating, and groundwater was being directed through a series of irrigation conveyances to provide water to the existing sod operation. I met David Williams, Haynes' son, while I was inspecting the southerlymost portion of the spoil berm that abuts the ditch on the west. I mentioned the well to him, and we discussed the . continuing drought and the likelihood that conditions will worsen as the dry season continues. I took the attached photographs on December 15, 2000, one of which shows the pump and well assembly as they were on that date; the other showing an area of erosion into the ditch. The attached location map identifies the approximate location of these features. My next scheduled monitoring event is to be January 18, 2001, at which time I will also check on these locations. If you have any questions, please feel free to give me a call. Sincerely, Greg Braun Consulting Scientist


Pump Adjacent to Haynes Williams Ditch -View Looking Southwest Date of Photo: December 15, 2000 Erosion into Ditch Date of Photo: December 15, 2000


... " Location Map Showing Approximate Location of Well/pump and Erosion


FLORIDA AUDUBON SOCIETY Ordway-WhitteU Kissimmee Prairie Sanctuary ON & Lake Okeechobee Sanctuarie s 100 R iverw o o d s Ci rcl e Lori d a, FL 33857 OF FLORIDA Tel : 863/467-8497 Fax: 863/467-8460 3 Page FAX John J. Fumero , Esq. General Counsel South Florida Water Management District PO Box 24680 3301 Gun Club Road West Palm Beach, FL 33406-4680 Dear John: J~nuary 10, 2001 This letter serves as official notice that Audubon of Florida strenuously objects to approval of Application No. 001116-6 , " Okeechobee Ranch. " This application is on the Consent Agenda for the Governing Board on the January 11th meeting (tomorrow). I received my first notice that this permit request existed, in the mail today (January 10 , 2001). In spite of Audubon ' s long-standing problems and concerns over activities on the 101 Ranch property , and on-going litigation , I was not notified that any application was even pending. Therefore , Audubon has had no opportunity to review whether this application to pump ground water might affect our wetlands , and the many threatened and endangered species , that use our Sanctuary. The attached Email from Greg Braun to myself , dated December 21, 2000 , mentions that Haynes Williams had installed, and was operating , a new pump to irrigate his sod fields a month ago . As you know, Mr. Braun is the independent third party hired by Audubon to monitor water conditions around our Sanctuary pursuant to the Consent Decree for case No. 98-14144-CIV-Moore , National Audubon Society , Plaintiff , v. 101 Ranch, Inc. Haynes Williams , et al. in the US Southern District Court. Audubon also filed a petition against the 101 Ranch ERP application that was settled in the same negotiation between Audubon, the SFWMD, and other affected landowners. The above-mentioned pump appears to be the same that this permit application applies to , therefore , it also appears that Mr. Williams has been pumping for at least one month without a permit. An " early start " to this activity leads to additional conflicts , such as with " Limiting Condition # 16" which states that Mr. Williams must provide results of the calibration testing of the water to SFWMD "prior to withdrawing water as authorized by this permit." Presumably , condition #16 has not been followed. A STRATEG I C ALLIANCE OF THE F LORI D A AND NATI ONAL S OC I ETIES IN PART ERSHIP W I TH 4 5 LOCAL AUD UBON CHAPTERS 0 ~J'RINTEDWITH ~SOYINK (Al National Audubon Societ y


John J. Fumero , Esq. January 10 , 2001 Page2 Limiting Condition # 11 states that "If any condition of the permit is violated , the permit shall be subject to review and possible modification , enforcement action, or revocation ." Audubon urges you to recommend to the Governing Board that they NOT approve this application, pending an investigation into our allegations of violation. This investigation should include the date the pumps were installed , interviews with 101 Ranch about using these pumps, whether any SFWMD employee has been on the 101 Ranch in the past month and perhaps observed these pumps (including weekly overflights), and why Audubon, who has litigated over 101 Ranch permits , was not notified that this permit was pending. This is the second time , that Audubon is aware of: since we reached a settlement over permissible activities on the 101 Ranch , that the SFWMD has worked on permit applications with 101 Ranch, modifying our agreements , without notifying us. Thank you for your attention to this matter, I look forward to your reply. c: Frank Finch Governing Board Sincerely , Paul N. Gray , Ph.D. I Sanctuary Manager


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