Mediation agreement concerning surface water management problems within the watershed encompassing northwest Okeechobee county - 1996-12-17


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Mediation agreement concerning surface water management problems within the watershed encompassing northwest Okeechobee county - 1996-12-17

Material Information

Title:
Mediation agreement concerning surface water management problems within the watershed encompassing northwest Okeechobee county - 1996-12-17
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 )
L41-00054 ( USFLDC DOI )
l41.54 ( USFLDC Handle )

USFLDC Membership

Aggregations:
University of South Florida
Lorida

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Book

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Full Text

PAGE 1

STATEMENTS OF COMMON GROUND BETWEEN SOUTH FLORIDA WATER MANAGEMENT DISTRICT, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OKEECHOBEE COUNTY, THE NATURE CONSERVANCY, COQUINA WATER CONTROL DISTRICT, NATIONAL AUDUBON SOCIETY, DAVID DURANDO, GLENN HARVEY, R. N. KOBELGARD III, TRIPLE A RANCH, 101 RANCH, HARVEY THOMAS, MIKE POWELL, AND TIGER CATTLE COMPANY. IN RE: Mediation Agreement Concerning Surface Water Management Problems within the Watershed Encompassing Northwest Okeechobee County. The Following Statements of Common Ground are agreed to this 17th day of December, 1996 by the parties, South Florida Water Management District (SFWMD), Florida Department of Environmental Protection (FDEP), Okeechobee County ("County"), The Nature Conservancy, Coquina Water Control District, National Audubon Society, David Durando, Glenn Harvey, R. N. Kobelgard III, Triple A Ranch, IO I Ranch, Harvey Thomas, Mike Powell, and Tiger Cattle Company, ("Parties") for the purpose of resolving water management problems occurring within the water shed encompassing northwest portion of Okeechobee County. STATEMENTS OF COMMON GROUND 1. Matters cannot continue as they are. The above named parties want and need a resolution of the water management problems affecting the northwest portion of Okeechobee County ("subject area") NOW. . -2. There is an unquestionable need for study and analysis of surface water flow within the subject area. In addition, problems occurring within the area indicate that there is a need for modification/improvement of existing water management within the subject area. 3. The parties agree that time is of the essence in resolving the problems occurring in the subject area . 4. All parties agree that hydrologic studies, and implementation of both short-term and long-term actions are necessary in order to resolve the problems, including the permitting of any proposed water management facilities . 5. All parties agree and acknowledge that they need to participate in funding the soft and hard costs need to resolve the surface water management problems. 1 of 6

PAGE 2

6. The parties shall be represented as follows. a. SFWMD shall be represented by John Fumero and John Morgan. b. The Nature Conservancy represented by Robert Bendick or his assigned. c. Coquina Water Control District shall be represented by Charles Coker and Tommy Stokes. d . National Audubon Society represented by Dr. Paul Gray . e. David Durando shall represent himself. f . Glenn Harvey shall represent himself. g. R. N. Kobelgard ill shall represent himself. h . Triple A Ranch shall be represented by Lonnie Waldron. 1. 101 Ranch shall be represented by Haynes Williams and David Williams. J. . J-Five Ranch shall be represented by Harvey Thomas. k. Tiger Cattle Company shall be represented by Mike Powell. I. Mike Powell shall represent himself. m. FDEP shall be represented by Richard A. Domroski or J. B Miller. n. Okeechobee County shall be represented by George Long. 7. To advance resolution of the problems, the parties commit to contribute the following. a. SFWMD shall provide all information it possesses concerning the subject area including topography, soils, aerial photographs, culvert locations (diameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations, and historical vs. present drainage patterns. The SFWMD also agrees to expedite regulatory review of any permit applications submitted pursuant to this mediation. b . The SFWMD has requested that the St. Johns River Water Management District (SJRWMD), and the SJRWMD has agreed to, provide technical support to this effort and the SJRWMD will provide representation to the meetings . Any proposed water management plans that involve sending water into the SJRWMD, particularly the Upper St. Johns River Project, will be reviewed to ensure compatibility with SJRWMD requirements. The SFWMD also agrees to expedite regulatory review of any permit applications submitted puFSuant to this mediation. 2 of 6

PAGE 3

c. The Nature Conservancy shall provide all information it possesses concerning the subject area and it's property including topography, soils, aerial photographs, culvert locations (diameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations, and historical vs. present drainage patterns . d . Coquina Water Control District shall provide all information it possesses concerning the subject area and its property including topography, soils, aerial photographs, culvert locations (diameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations, and historical vs . present drainage patterns. e . National Audubon Society provide all information it possesses concerning the subject area and its property including topography, soils, aerial photographs, culvert locations ( diameter , elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations, and historical vs . present drainage patterns . f. David Durando shall provide all information he possesses concerning the subject area and his property including topography, soils, aerial photographs, culvert locations ( diameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations, and historical vs. present drainage patterns. g. Glenn Harvey shall provide all information he possesses concerning the subject area and his property including topography, soils, aerial photographs, culvert locations ( diameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations, and historical vs. present drainage patterns. h. R. N . Kobelgard III shall provide all information he possesses concerning the subject area and his property including topography, soils, aerial photographs, culvert locations (d i ameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations, and historical vs . present drainage pattern s . i . Triple A Ranch shall provide all information it possesses concerning the subject area and its property including topography, soils, aerial photographs, culvert locations (diameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations, and historical vs . present drainage patterns. j. 101 Ranch shall provide all information it possesses concerning the subject area and its property including topography, soils, aerial photographs, culvert locations (diameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations, and historical vs . present drainage patterns . k. J-Five Ranch shall provide all information it possesses concerning the subject area and its property including topography, soils, aerial photographs, culvert locations ( diameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water-elevations, and historical vs. present drainage patterns-:-3 of 6

PAGE 4

I. Tiger Cattle Company shall provide all information it possesses concerning the subject area and its property including topography, soils, aerial photographs, culvert locations ( diameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations , and historical vs . present drainage patterns . m . Mike Powell shall provide all information he possesses concerning the subject area and his property to the table including topography, soils, aerial photographs, culvert locations (diameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations, and historical vs. present drainage patterns . n . FDEP shall provide all information it possesses concerning the subject area and its property including topography, soils, aerial photographs, culvert locations (diameter, elevations), dike locations, swales, ditches, wetlands, permits, property boundaries, historical high water elevations, and historical vs. present drainage patterns and disclose, and provide in, any water management plan for the newly forming state park. . o. The SFWMD has requested that Okeechobee County, and the County has agreed to, provide technical support to this effort and that the County will provide representation to the meetings. 8 . The initial focus of the mediation process between now and beginning of the 1997 wet season will be development of a short-term, temporary solution to the surface water management problems of the subject area. As part of this work, the mediation will also focus on defining what historical flows have been in the subject area . 9 . The Parties agree to serve as members of a Land Owner Advisory Committee to the Division of Recreation and Parks, FDEP, in the development of a management plan for the lands within the area that is the subject of this mediation that are currently being developed into a new state park. 10 . John Fumero shall act as mediator/facilitator along with a engineering professional experienced in surface water management matters hired by the parties. John Fumero will gather names and background information on an independent engineering professional for the group . to review . The group will jointly agree upon and retain the professional. Once retained, the professional shall act as an independent entity to review the technical aspects of the mediation and shall recommend options/solutions. 11. The purpose to the above Statements of Common Ground are to memorialize the intent of the parties to the mediation . The Statements of Common Ground are NOT a waiver of any claims or damage issues the parties may have against each other, nor are they a concession of liability or responsibility from any party . Implementation of the above statements are contingent upon settlement of all the issues raised in this proceeding to the satisfaction of each of the parties . 12 . This Statements of Common Ground can be executed in parts. 4 of 6

PAGE 5

SFWMD By: John Fumero National Audubon Society By: Dr. Paul Gray The Nature Conservancy By: Robert Bendick or his assigned Coquina Water Control District By: Charles Coker David Durando By: David Durando Glenn Harvey By: Glenn Harvey R. N. Kobelgard III By: R. N. Kobelgard III Triple A Ranch By: Lonnie Waldron. 101 Ranch By: Haynes Williams J-Five Ranch By: Harvey Thomas Tiger Cattle Company By: Mike Powell PARTIES John Morgan Tommy Stokes David Williams 5 of 6

PAGE 6

Mike Powell By: Mike Powell FDEP, Division of Recreation and Parks By: Richard A. Domroski Okeechobee County By: George Long 6 of 6


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