Corps - permits - map - 1998-02-06


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Corps - permits - map - 1998-02-06

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Title:
Corps - permits - map - 1998-02-06
Creator:
Gray, Paul N.
Publication Date:
Language:
English
Physical Location:
Box 2

Subjects

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

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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 )
L41-00070 ( USFLDC DOI )
l41.71 ( USFLDC Handle )

USFLDC Membership

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University of South Florida
Lorida

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Book

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National Audubon Society Ordway-Whitten Kissimmee Prairie Sanctuary lo~ R : v erwo()Jl ( 1-rJ e i-7~Q N.W. 203rd Ave: Lo, i d,1 f--L 3 3 isl 0keechubee, PL"""34972 (941) 467-8497 17 Page FAX To: Eli7.abeth Bishop From: Paul Gray February 6, 1998 Following are: 1) The Okeechobee Platt book map of the 101 Ranch, describing its location and boundaries. We drove along the dotted line-which is the Military Grade. The "T" ditch we talked about is drawn in section 5. The areas we saw where they scooped wetland material to add to the dike were in sections 6 and 5. I also drew a line in the southwest part of section 7 (with a question mark next to it) because there is a new ditch (Autumn 1997) that comes out along the road ( we will have to check the ditch's precise location) that I'm not sure why they dug it-it just showed up recently. 2) A false-color infrared map of a location that 101 Ranch is mining for shell (I hope this map comes out over the FAX). This matches the area of the drawing in the permit application (exhibit 2). 3) A recent permit application for a project modification. 101 Ranch's drag lines had wandered out of the boundaries of their original permit; hence, the modification. This ranch has done a lot of 'work' over the past 3 years and as indicated by: the need to modify their permit, the unpermitted "T" ditch, the new ditch, and other things-I can say they are adventurous too. I will be in on Monday, so please call ifl can furnish anything else or answer questions. Thanks for your interest.

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f riwaD ii~ &: 101 RANCH, IN • ... 101 RANCH, INC. .. N 7 HA'YNES WILUAi..S 200 TWP. 34S.RNG. 34E. OKEECHOBEE COUNTY, FLORIDA NA llONAL AUDUBON SOCIETY, INC. ---.... I SEEPAGE 12 <.) ..... 329 . 49 l MILES I 1/2 I I I 180 1320 1H0 2H0 J.S. POWEU.. •• R ac R .O. POV.UL 3 640 J.S. POM:U. JR. Ir R .O. POv.o.L 333 . 73 J . S . ROY FARR .... I_ --.... ____ , __ POM:LL. JR ac R.O. 'PO'Al.L 9 639 ROY f'ARR 10 J.S. POM:LL. ,R Ir R . O . POVlLL J.S. POVlLL. JR. Ir 640 ' ' ' JJ4.71 IFEETJ 2 304.27 SARAH O..IVER, TRUSTEE 305.29 TWPL)-IIN, SARAH OLIVER, TRUSTEE 1 649 SARAH OLIVER, TRUSTEE 12 637 .., t-----------11 R .O. POY/Ell J .S. POWELL. JR. ' ' ' SARAH OLIVER, TRUSTEE c:, C L m • .. N Ill c:, C L I I I 24 18 LOR. INC. LOR. INC. 19 LOR, INC. 30 )01 Q.AUOIO ar YVONNE ALVEREZ 245 .96 268. 27 CI.AUOIO Ir YVCN-l( ALVEREZ 32 515.12 PRIME RATE. INC. 396.66 251.99 16 CLMJ0IO Ir Y\'ONNE ALVEREZ 21 CLAUDIO Ir YVONNE ALVEREZ CLAUDIO Ir YVONNE ALVEREZ 33 EACll Ill.NC) SEE PAGE 40 641 641 640 15 640 J.S. POWEU.. JR. Ir R.O. POWELL 22 .x>SEPH Ir WIGHT HALL 27 .x>SEPH Ir WIGHT HALL 34 639 628 " R.O. POM:LL ' SARAH OLIVER • TRUSTEE 303 . 39 13 CU EMU B.NI> ROAD 63J J.S. POWELL. JR . Ir R.O. POWELL JOSEPH at WIGHT HALL 26 314 I ELSIE LANIER 23 311 ELSIE LANIER el al 317 ELSIE LANIER JOSEPH Ii ACHT HALL i el ol J08 311 SE PAGE ,1 C. Ir J. CA TILE COMPANY, INC. 24 JOANNE RUO
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L--or>s SOUTH FLORIDA WATER MANAGEMENT DISTRICT SURFACE WATER MANAGEMENT GENERAL PERMIT NO. 47-00338-S Form #0942 08/95 PERMITTEE: HAYNES E. WILLIAMS 208 NORTH PARROTT AVENUE OKEECHOBEE, FL 34972 DATE ISSUED: December 12, 1997 PROJECT DESCRIPTION: AUTHORIZATION FOR A MODIFICATION TO SWM PERMIT NO. 47-00338-S FOR THE CONSTRUCTION ANO OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM TO SERVE A 35 ACRE MINING PROJECT KNOWN AS 101 RANCH SHELL PIT. PROJECT LOCATION: OKEECHOBEE COUNTY, SECTION 7 TWP 34S RGE 34E PERMIT DURATION: Five years from the date issued to complete construction of the surface water management system as authorized herein. See attached Rule 40E-4.321. Florida Administrative Code. This is to notify you of the District's agency action concerning Permit Application No. 971015-2, dated October 15, 1997. This action is taken pursuant to Rule 40E-l.606 and Chapter 40E-40, Floriaa Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and a Surface Water Management General Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing, 2. the attached Standard Limiting Conditions, 3. the attached 12 Special Conditions, and 4. the attached 4 Exhibit(s). Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached distribution list) no later than 5:00 p.m. on this 12th d y of December, 1997, in accordance with Section 120.60(3), Florida Statutes. I -Anthony M. W erhouse, P.E. Director Surface Water Management West Palm Beach Service Center Certified Mail No. Z 179 707 403 Enclosures

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Form 0637 3/96 South Florida Water Management District GENERAL PER.1\tIIT NOTICE OF RIGHTS This Notice of Rights is intended to inform the recipient of the edministretive end judicial review which may be evailable as mandated by section 120.60(31, Florida Statutes. Be advised that although this notice is intended to be comprehensive. the review procedures set forth herein have been the subject of judicial construction and interpretation which may effect the admiNstrative of judicial review available. Recipients are therefore advised to become familiar with Chapters 120 and 373. Aorida Statutes. and the judicial interpretation of the provisions of these chapters. . , . 1. ff• substantiaRy affected person objects to th• staff's recommendation. that person has the right to request an administrative he a ring on the proposed agency action. The substantiaUy affected person may requut either a formal or an informal hearing. as set forth below. Failure to comply with the prescribed time periods shall constitute• waiver of th• right.to• hearing. z_ tf a substantially affected person believes a genuine issue of .material fact is in dispute • . that.person may request I formal _ hearing pursuant to section 120.57(1 ). Aorida Statutes. by filing • petition not later than: a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT. within fourteen (14) days after mailing of the proposed agency action or b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED. within fourteen (14) days after receipt of actual notice. The request for a section 120.57(1), F.S., formal hearing must comply with the requirements of Rule 40E.521. Florida Administrativ• Cod•~ a copy of which is attached. Petitions are deemed filed u0on receipt by the District. Failure to substanti ally comply with the provisions of Rule 40E• 1.521. Aorida Administrativ• Code. shall constitute • waiver of the right to a 120.5 7(1) hearing. If a petition for administrative hearing is not timely filed, the staff's proposed agency will automatically mature into final agency action. 3. ff a substantially affected persc . , believes that no issues of mate.rial fact are in ~ispute. that person may request an ;,,formal hearing pursuant to section 120.57(2), F.S •• by filing a petition for hearing not later than: a. IF. NOTICE OF THE APPUCATION . . WAS PUBLISHED .BY THE APPLICANT. within fourteen (14)days after mailing of the . proposed agency action or .... ,.:-:;.,.,._ .. •J.•J:-1,---i-• :, r-,, ~ : • . , : f,.,_ ; :.:,, •• • • • • • .. :i, ;; . i~.:. -'• • . • . :r., .. .... . . .-. . . -_, , • ' • • • ~ -. . ,~-~; b • . ; )l:,..NOTICE . QF_TtiE . .-._tPUCATJON W~5.:~0l': ,PUBUSHED • . . ~i~_.fourtffn.H.fl days .after receip~ of actual notice::l~ ,-r,~~ .. :,;. , A request for informal hearing shall be considered .as a waiver of.the.right to request• formal section 120.57(1), F.S~; hearing.;.' A request for a section 120.57(1 J F.S •• formal hearing not insubstantial compliance with the provisions of rule 40E-1.S21. F.A.C .• may be considered by the District as a request for informal hearing. If • petition for administrative hearing is not timely filed. the staff's proposed agency action will automatically mature into final agency action. ,_ Pursuant to section 373.114, Florida Statutes, a party to the proceeding below may seek review of • Final Order rendered on the permit application before the Land and Water Adiudicatory Commission, as provided therein. Review under this section is initiated bv filing a request for review with the Land and Water Adjudicatorv Commission and serving a copy of the Department of Environmental Protection and any person named in the order within 20 davs after rendering of the District's Order. However, when the order to be reviewed has statewide or regional significance. as determcned by the und and Water Adjudicatory Commission within 60 days after receipt of a request for review. the commission may accept a request for review from any affected person within 30 days after the rendering of the order . Review under section 373.114, Florida Statutes. is limited solely to a determination of consistency with the provisions and purposes of Chapter 373. Florida Statutes. This review is appellate in nature and limited to the record below. 5. A party who is adversely affected by final agency action on the permit application is entided to judicial review in the District Court of Appeal pursuant to section 1 20.68, Rorida Statutes, as provided therein. Review under Section 120.68. Aorida Statutes in the District Court of Appeal is initiated by filing a petition in the appropriate District Court of AppeaJ in accordance with Florida rule of appellate Procedure 9.110. The Notice of Appeal must be filed within 30 days of the final agency action. ~-Section 3 7 3.617(2), Florida Statutes, provides: Any person substantially affected by a final action of anv agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court in the judicial circuit in which the affected property is located; however, circuit court review shall be confined sofely to determinif'~ -hether fi"'al agency action is an unreasonable exercise of the stete•s police power constituting a taking without just compensation. r
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40E-1.521 Initiation of Formal Proceedings (1 l Initiation of formal proceedings shall be made by petition to the District. The term petition as used herein includes any application or other document which expresses a request for formal proceedings . Each petition should be printed, typewritten or otherwise duplicated in legible form on white paper or standard legal size . Unless printed, the impression shall be on one side of the paper only an lines shall be double -spaced and indented. (2) All petitions filed under these rules shall contain: (a) The name and address of the District and the District's file or identification number, if known; (bl The name and address of the petitioner or petitioners; (cl An explanation of how each petitioner's substantial interests will be affected by the District's determination; (dl A statement of when and how petitioner received notice of the District's decision or intent to render a decision; (el A statement of all disputed issues of material fact. If there are none, the petitioner must so indicate; (f) A concise statement of the ultimate facts which petitioner believes entitle petitioner to the relief sought as well as the rules and statutes which support petitioner's claim for relief; (gl A demand for the relief to which the petitioner deems himself entitled; and (hl Other information which the petitioner contends is material. (31 Upon receipt of a petition for formal proceedings, the Office of Counsel shall review the petition for compliance with subsection (2). The Board shall accept thos" peti~ 'ons in substantial compliance therewith, which have been timely filed, which establish that the petitioner is a substantially affected party, and which state a dispute which is within the jurisdiction of the District to resolve. If accepted, the Board shall designate the presiding officer of the administrative hearing. The District shall promptly give written notice to all parties of the action taken on the petition, and shall state with particularity its reasons therefor. (4) If a petition is filed that does not substantially comply with the requirement of subsection (2) of this section, the District shall issue an order dismissing the petition with leave to file an amended petition complying with the requirements of this rule within the time period designated in the order. If an amended petition complying with this rule is not filed with the District Clerk within the designated time period, the petitioner's right to a processing under Section 120.57, Florida Statutes, is waived. (Sl If a valid petition is filed, with the consent of all parties and upon a showing of good cause, Board action on the petition pursuant to Section 120.57(1 )(b) shall be waived. '"Good cause'" shall mean a set of circumstances unforeseen and outside of the control of the person requesting the waiver. (61 When a valid petition for administrative hearing has been filed, the Board action shall defer consideration of the matter pending the completion of the administrative hearing and the submittal of a recommended order, and any-exceptions to that order. -(7) If the Board designates a Hearing Officer assigned by the Division of Administrative Hearings as the presiding officer, the District Clerk shall forward the petition and all relevant materials filed with the District to the Division of Administrative Hearings, and shall notify all parties of its action. Specific Authority 120.53, 373.044, 373. 113 F.S. Law Implemented 120.53(1), 120.57, 373.113 F.S . History --new 9-3-81, formerly 16K-109.(1), 16K-1.112(1)-(3l, 16K-1.12, Amended 5-11-93.

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STANDARD LIMITING CONDITIONS 1. THE PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. 2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY OR INTO SURFACE WATERS OF THE STATE WILL BE SUBMITTED TO THE DISTRICT AS REQUIRED BY SECTION 5.9, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT -MARCH, 1994." PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 62-302, F.A.C. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING ANO TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE. 3. THIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN NECESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS. 4. THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE DISTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE OPERATIONAL ENTITY ACCEPTED BY THE DISTRICT, IF DIFFERENT FROM THE PERMITTEE. THE TRANSFER REQUEST CAN BE SUBMITTED CONCURRENTLY WITH THE CONSTRUCTION COMPLETION CERTIFICATION. 5. ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT -MARCH, 1994." 6. ALL BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.4, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT -MARCH, 1994." 7. OFF-SITE DISCHARGES DURING CONSTRUCTION ANO DEVELOPMENT WILL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. 8. A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE ENTITY MEETING THE REQUIREMENT IN SECTION 9.0, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT -MARCH, 1994," HAS BEEN ESTABLISHED TO OPERATE ANO MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN. 9. THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT ANO CHAPTER 40E-4, FAC. 10. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY ANO ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 11. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT WILL REQUIRE THE PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT OR OTHER IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE TO MODIFY THE SURFACE WATER MANAGEMENT SYSTEM, IF NECESSARY, TO ELIMINATE THE CAUSE OF THE ADVERSE IMPACTS. 12. WITHIN 30 DAYS OF ISSUANCE OF THIS PERMIT, THE PERMITTEE OR AUTHORIZED AGENT SHALL NOTIFY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE OR EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE ANO THE

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EXPECTED COMPLETION DATE. 13. WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR AUTHORIZED AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE YEAR AFTER THE INITIAL COMMENCEMENT OF CONSTRUCTION. 14. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM, THE PERMITTEE OR AUTHORIZED AGENT SHALL FILE A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND MUST CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION OR EQUIVALENT). THE CONSTRUCTION COMPLETION CERTIFICATION MUST INCLUDE, AT A MINIMUM, EXISTING ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT FACILITIES. ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. 15. WITHIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHER TRANSFER OF ANY OF THE LAND WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRITING VIA EITHER FORM 0483, REQUEST FOR PERMIT TRANSFER; OR FORM 0920, REQUEST FOR TRANSFER OF SURFACE WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE {TO BE COMPLETED AND SUBMITTED BY THE OPERATING ENTITY), IN ACCORDANCE WITH SECTIONS 40E-l.6105 AND 40E-4.351, F.A.C. 16. A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS, SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY TREATMENT, MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE. 17. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON OR WITHIN ONE HUNDRED (100) FEET OF .ALL PERMITTED DISCHARGE STRUCTURES NO LATER THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT. 18. IT IS THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 19. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING, UNLESS THE WORK QUALIF.IES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E-20.302(4), F.A.C.

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SPECIAL CONDITIONS 1. DISCHARGE FACILITIES: TOTAL ON-SITE RETENTION. 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 ANO/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. LAKE SIDE SLOPES SHALL BE NO STEEPER THAN 4:1 (HORIZONTAL:VERTICAL) TO A DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE NURlUREO OR PLANTED FROM 2 FEET BELOW TO 1 FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. 6. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. 7. 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. 8. OPERATION OF TH: SURFACE WATER MANAGlMENT 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. 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. ALL EXCAVATION ASSOCIATED WITH THE CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE MAINTAINED A MINIMUM OF 200 FEET FROM THE EDGE OF PROTECTED WETLANDS. 11. 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. 12. 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.

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12/01/1997 13:04 '34146539C:.7 MAL.OlM Ju-N3CN PAGE 03 \J( TL ANOS ,.a EXISTING _ PIT B8$& PROPOSED PIT~ EXISTING DITCHES ----CONNECTING DITCH------• ROAD PRO~~ ~ 888888888 g. NI LEU TIWI ff UTta ~"'''-... COIi~ CLCV. 61...C.VI A-----A' PERlMCTER BERM i S~ALE Natural Ground elevaUan1 •re generally • ea.5' NGVD. 0 CONTROL STRUC TU~f THRU ie Cut Vf -:-; IJITH lNV[RTS ABOUT 2' B(l O w I'(: . STRUCTU~[S 1-S ARE E>fJST INC. / tOt -RAJl~H--RlJAlJ ::....:-____ =..-=-:--~_-:-_: --.. ----------~--,.-See aheet 2 ac 3 of 4 by McGowan Hoo ,er deled 00/18/94 tor an and e evauaiw. HAYNES E. WILLIAMS SH!IL PIT S?-T34S-R34 OKEECHOBEE CO. APPROVED: : DECEMBER 1997 I GRICULTURAL ENGINEER[NC, Pl\ 384 CAfflSK CRtzK ROAD LAKE PLACID, n. 33862 E ~H/BIT 2-

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101 RANCH SHELL PIT PERMIT SUMMARY SHEET APPLICATION NUMBER: 971015-2 PERMIT MODIFICATION NO.: 47-00338-S LOCATION: OKEECHOBEE COUNTY, S7/T34S/R34E OWNER: HAYNES WILLIAMS ENGINEER: AGRICULTURAL ENGINEERING PA PROJECT AREA: 35.00 ACRES DRAINAGE AREA: 35.00 ACRES PROJECT USE: MINING FACILITIES: 1. EXISTING: This proposed mine is to ue located entirely within Section 7 (T34S/R34E}, which is located directly north of 101 Ranch Road (refer to Exhibit No. 1). On October 10, 1994, the District authorized SWM Permit No. 47-00338-S for mining directly north of this proposed site (application no. 940128-4). The previously mined areas total approximately 8.6 acres, which will be utilized to provide total containment of dewatering water from this proposed mining site. 2. PROPOSED: Proposed is a General Permit Modification to SWM Permit No. 47-00338-S for the Construction and Operation of a surface water management system to serve a 35.0 acre project to be known as 101 Ranch She 11 Pit. Proposed is 23.0 acres of actual mined area (refer to Exhibit No. 2). Dewatering will be directed into a recharge ditch that will protect adjacent wetland areas from drawdown impacts due to dewatering (refer to Section A-A on Exhibit No. 2). In addition, mining will be located 200' from existing on-site wetland areas. The recharge ditch will be connected to the previously mined areas to the north to provide total containment of dewatering water from this site. Upon completion, the mined areas will be re-dressed to meet the District's wet detention dimensional criteria. This proposed project is located within the larger 3,000 acre 101 Ranch, which flows into on-site depressional wetlands prior to overflowing to Fish Slough. PROJECT LEVEL: Exhibit 3a

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DRAINAGE BASIN: S-65D 101 RANCH SHELL PIT PERMIT SUMMARY-SHEET RECEIVING BODY: RETENTION OF 25 YEAR 3 DAY STORM EVENT WATER QUALITY: water quality treatment will be provided within the dewatering swale and previously excavated pits before overflowing to adjacent wetlands downstream. No discharge for events up to the design event is expected. In addition, silt screens will be utilized to limit adverse impacts to adjacent wetlands (refer to Section A-A on Exhibit No. 2}. ENVIRONMENTAL ASSESSMENT: PROJECT SITE DESCPIPTION: The project is located in northern Okeechobee County, west of U.S. Highway 441 and four miles north of Eagle Island Road (S.R. 724}. The area under consideration for this application is 35 acres in size and part of an existing 3,000 acre ranch. Currently, the project site consists of pasture areas, previously excavated shell pits and one 2.9 acre wetland. This application requests a modification to the existing permit in order to add approximately 23 acres to the existing mined area. EXISTING ON SITE WETLAND COMMUNITIES: ID TOTAL BIOLOGICAL NO ACREAGE CONDITION 01 2.90 GOOD COMMUNITY TYPE FRESHWATER MARSHES COMMUNITY ACREAGE OSW 8.60 N/A BORROW PONDS LESS THAN 5 ACRES 2.90 8.60 TOTAL ON SITE WETLAND ACREAGE: 11.50 EXISTING ON SITE UPLAND COMMUNITIES: ID TOTAL BIOLOGICAL NO ACREAGE CONDITION UPL 23.50 N/A COMMUNITY TYPE RANGELAND TOTAL ON SITE UPLAND ACREAGE: 23.50 COMMUNITY ACREAGE 23.50 Exhibit 3 b

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101 RANCH SHELL PIT PERMIT SUMMARY SHEET ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCERN SUMMARY: Because of the limited size of the project and the relative size of the ranch (3,000 acres), proposed activities should not affect utilization of the area by endangered or threatened species. Project activities will be limited to upland areas and will not adversely impact the 2.9 acre wetland. Mining activities will not be intensive and will only be conducted during daylight hours. In addition, the wetland within the project boundaries will be provided a 200 foot excavation setback. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if in the future, endangered/ threatened or species of special concern are discovered on the site. WETLAND PRESERVATION AND IMPACT SUMMARY: The project site cor ~ains one wetland 2.9 acres in size and 8.6 acres of borrow pits in the previously mined area. The wetland is depressional in nature and consists of a central core of flag marsh which transitions into a wet prairie fringe. The condition of the wetland is considered to be good. Project plans indicate that the wetland will be preserved outside the area to be mined and a 200 foot buffer will be provided between the wetland and excavated area. In addition, the applicant has agreed to provide a recharge swale between the area to be mined and the wetland. This swale will protect the wetland against any water level drawdowns associated with mine excavation. The 8.6 acres of borrow pits consist of several small pits ranging in size from .5 acre to 3.6 acres. These pits are interconnected and provide water quality treatment for dewatering from the proposed mine. These areas will also retain most, if not all, of the water pumped from the mine during dewatering operations. Maintaining as much water as possible on-site will provide additional hydrological benefits to wetland areas. Exhibit k

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APPLICABLE LAND USE: 101 RANCH SHELL PIT PERMIT SUMMARY SHEET The 23.0 acres located in the "OTHER" category of the land use table below is the area proposed for shell mining as part of this application. The 8.6 acres contained within the "WTRM ACREAGE" category consists of previously mined areas. TOTAL ACRES WTRM ACREAGE PERVIOUS OTHER COMMENTS: TOTAL PROJECT 35.00 8.60 3.40 23.00 PREVIOUSLY PERMITTED THIS PHASE 35.00 acres 8.60 acres 3.40 acres 23.00 acres 1 The applicant's engineering consultant submitted an application for a Water Use Permit for proposed dewatering activities (application no~ 97102116). J A request for additional inform~tion was sent to the applicant's engineering consultant by District Staff on November 20, 1997. Prior to the commencement of dewatering activities, the applicant will be required to complete the Water Use application. DIVISIONAL APPROVAL: DATE: 1'2 /4 fan Robert M . Brown Loris C. Asmussen, P . E . Exhibit 3 e.

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STAFF REPORT DISTRIBUTION LIST PROJECT: 101 RANCH SHELL PIT APPLICATION NUMBER: 971015-2 PERMIT MODIFICATION NUMBER: 47-00338-S INTERNAL DISTRIBUTION Reviewer: X Loris C. Asmussen, P.E. X R. Brent Nicholas X Damon M. Meiers, P.E. X Robert M. Brown X H. AZIZI -REG J. Bonnema, OKE M. Elsner -UDP X A. Glebocki-Water Use J. Golden -REG X K. Love -GPA R. Robbins -NRM X Service Center Director -OKS A. Waterhouse -REG X PE RM IT FI LE X Enforcement X Environmental PPC Reviewer X Field Engineering Office of Counsel EXTERNAL DISTRIBUTION X Owner: HAYNES WILLIAMS X Applicant: 101 RANCH X Applicant's consultant: AGRICULTURAL ENGINEERING PA X Engineer, County of: OKEECHOBEE Engineer, City of: Local Drainage District: COUNTY DEPT. OF ENVIRONMENTAL PROTECTION BUILDING AND ZONING OTHER --r:G".F.W.F.C. FDEP Florida Audubon Charles Lee Okeechobee Property Appraiser Sierra Club Central Florida Group EXHIBIT _4 _


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