Title: Memorandum to SWFWMD District Governing Board Meeting, Sept. 1, 1982. re: Appointment of Hearing Officer and Initiation of Rule Making for Lake Levels
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Title: Memorandum to SWFWMD District Governing Board Meeting, Sept. 1, 1982. re: Appointment of Hearing Officer and Initiation of Rule Making for Lake Levels
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August 12,


MEMORANDUM

TO: T. ALLEE, Assistant to the Executive Director

FROM: M. Dooris, Environmental Manager, Resource Regulation Department

RE: District Governing Board Meeting, September 1, 1982

APPOINTMENT OF HEARING OFFICER AND INITIATION OF RULE MAKING FOR LAKE LEVELS
ON SELECTED LAKES IN PASCO COUNTY

In order to hold public workshop meetings and a public hearing to adopt
lake levels in the Pinellas-Anclote River Basin for Bass (Holiday) Lake,
Fishing Lake, Lake Geneva (Mud), Lake Minniola, Parker (Ann) Lake and
Lake Seminole, a hearing officer must be appointed by the Governing
Board. The matter has been discussed by staff with Mr. Crane.

Tentative dates for lake level meetings are as follows:

Public Workshop Meeting September 23, 1982
Public Hearing October 21, 1982

The meetings will be held at the Keystone Recreation Center, Gunn Highwa,
Odessa, FL 33556.

STAFF RECOMMENDATION:

Appoint Mr. Crane as thehearing officer in regard to the public hearing
to establish lake levels on Lakes Bass (Holiday), Fishing, Geneva (Mud),
Minniola, Parker (Ann) and Seminole.

PRESENTED BY: P. M. Dooris

PMD:kk













8/ 8/10/82 Page 32a
8/18/82
8/



"I








Minutes of the Meeting September 1, 1982
Board of Governors Page Ten

Following consideration and without objection, the Board approved renewed
authority through October 6, 1982, of Temporary Consumptive Use Permits in
Group A of Docket 6, as recommended by the staff.
Group B Transfers of Consumptive Use Permits

Page Permit Average
No. Number Former Property Owner GPD Use New Property Owner

29 201139 Agrico Chemical Company 9,671 Irrigation M. L. D. Groves, Inc.
29 201140 M.L.D. Groves, Inc. 19,343 Irrigation Agrico Chemical Company

Following consideration and without objection, the Board approved the transfer
of Consumptive Use Permits in Group B, Docket 6, as recommended by the staff.
Group C Applications for Waiver of Affidavit

Page C.U.P.
No. Number Applicant .. Reason for Request

29 204671 Hernando County Water & Sewer All affected property owners
District serviced by system.
A2 206867 The Village-Tampa Inc. All affected property owners
serviced by system.

Following consideration and without objection, the Board approved Waiver of
Affidavit for Consumptive Use Permits in Group C, Docket 6, as recommended
by the staff.
Group D Applications for Reconsideration
None

Group E Permits Recommended for Revocation
None

Docket 7: Continuances Applications in Public Hearing Not Concluded
Group A Evaluation Complete, Pending Board Consideration
None

Group B Requiring Further Processing and/or Evaluations
Group C Continued Pending Test Completion or to a Date Certain
Group D Works of the District

Following consideration and without objection, the Board approved continuance of
Groups B, C, and D, to the October 6, 1982 meeting, as recommended by the staff.

po posed Rule Amendment No. 99 to Appoint Hearing Officer and --
}, initiate Rule Making for Lake Levels on Selected Lakes in Pasco County
lA/'bthout objection, the Board approved initiating Rule Amendment No. 99 appointing
ML Crane as Hearing Officer to preside at a lake level workshop (nd)public








Minutes of the Meeting September 1, 1982 3
Board of Governors Page Eleven

hearing to establish lake levels on Lakes Bass (Holiday), Fishing Geneva (Mud),
Mineola, Parker (Ann) and Seminole, in Pasco County. The workshop and public
hearing are scheduled for September 23, 1982 and October 21, 1982, respectively,
at Keystone Recreation Center, Gunn Highway, Odessa.

Regulatory Matters Not Requiring a Public Hearing

Enforcement Report The Board was provided with a copy of the
Enforcement Report as a matter of information.

Exceptions in Accordance with Rule 40D-3.041(3)(b) Mr. Courser presented
a list of exceptions in accordance with Rule 40D-3.041(3)(b) as a matter
of information.

Applications Received Not Presently Scheduled for Hearing The Board
was provided a list of applications received but not presently scheduled
for hearing as a matter of record.

Briefing Item
Estech, Inc. CUP No. 203739
Mr. Courser stated Estech, Inc. has maintained a test recharge well at the
Duette Mine as a condition of its Consumptive Use Permit No. 203739. He said
water quality data has been collected on a monthly basis since November 1980
and there is some concern regarding the levels of gross alpha radiation in the
area. As a result of a letter submitted to the Department of Environmental
Regulation by Thomas Reese, attorney representing Manasota-88, requesting the
Department take action concerning the violations of the Estech well, the staff
drafted a letter for Board review requesting Estech discontinue recharging the
site within ten days of receipt of the letter until the concerns regarding
radionuclides are resolved. Mr. Courser said, if the Board agreed, the letter
would be mailed this afternoon. There was no objection from the Board.

As a matter of information, Mr. Courser advised the Board that the Withlacoochee
River Basin Board has expressed concern regarding consumptive use permitting in
the area of Lake Panasoffkee. He said an outline of the Basin Board's concerns
will be presented to the Board at a later date.

Mr. Ahern introduced the regulatory packet into evidence as Exhibit No. 69.

Hydrologic Conditions
The Board was provided a copy of the Hydrologic Conditions Report for August 1982.

At this time, Mr. Stubbs moved, seconded by Mr. Lambert, to continue the public
hearing to the October 6, 1982, Governing Board meeting. Motion carried
unanimously.

At approximately 11:55 a.m., Chairman Samson recessed the meeting to provide
a lunch break.

Following the lunch break, the meeting reconvened at approximately 12:45 p.m.,
and the Board proceeded with consideration of regular District business.

Without objection, an item inadvertently left off the published agenda was
considered at this time.






-" C. ... ....


PROPOSED RULE AMENDMENT NO. 99

40D-8.624 Schedule of Levels for Lakes and Other Impoundments

Proposal to amend Rule 40D-8.624(1)(t) to read:

Ten (10)
Year Flood Minimum Minimum Water Levels
Warning Level Flood Level
Location of In Feet In Feet Low Extreme Low
Impoundment Above Mean Above Mean Mgmt.Level Mgmt.Level
By County Sea Level Sea Level In Feet In Feet
And Basin (msl) (msl) (msl) (msl)

(a) In Charlotte
County Within
The Peace
River Basin

(b) In Citrus
County Within
The Coastal
Rivers Basin

(c) In Citrus
County Within
The Withlacoo-
chee River Basin

(d) In DeSoto
County Within
The Peace
River Basin

(e) In Hardee
County Within
The Peace
River Basin

(f) In Hernando
County Within
The Coastal
Rivers Basin

(g) In Hernando
County Within
The Hillsborough
River Basin

(h) In Hernando
County Within
The Withlacoochee
River Basin





Amendment 99
Page 31a













(i) In High-
lands County
Within The
Peace River
Basin

(j) In Hills-"
borough County
Within The
Alafia River
Basin

(k) In Hills-
borough County
Within The
Hillsborough
River Basin

(1) In Hills-
borough County
Within The
Northwest
Hillsborough
Basin

(m) In Lake
County Within
The Green
Swamp Basin

(n) In Levy
County Within
The Withlacoo-
chee River Basin

(o) In Manatee
County Within
The Manasota
Basin

(p) In Marion
County Within
The Withlacoo-
chee River Basin

(q) In Pasco
County Within
The Coastal
Rivers Basin

(r) In Pasco
County Within
The Green
Swamp Basin



Amendment 99
Page 31b






8-25-82
^ Rll-18-82


(s) In Pasco
County Within
) The Hillsborough
River Basin

(t) In Pasco
County Within
The Pinellas-
Anclote River
Basin

LAKES

Bass (Holiday), 48.80' 48.75' 45.75' 45.00'
Lake
S34 T26E R17S
Fishing Lake 48.80' 48.75' 45.75' 45.00'
S34 T26E R17S
Geneva (Mud), 51.20' 50.00' 48.00' 46.00'
Lake
S26 T26E R17S
Minniola, Lake 51.20' 50.00' 48.00' 46.00'
S34 T26E R17S
Parker (Ann) 48.80' 48.75' 45.75' 45.00'
Lake
S35 T26E R17S
Seminole, Lake 49.20' 48.75' 46.00' 45.00'
S35 T26E R17S
(u) In Pasco
County Within
The Withlacoo-
chee River
Basin

(v) In Pinellas
County Within
The Pinellas-
Anclote River
Basin

(w) In Polk
County Within
The Alafia
River Basin

(x) In Polk
County Within
The Green
Swamp Basin

(y) In Polk
County Within
The Hillsbor-
ough River
Basin

Amendment 99
Page 31c









8-25-82


(z) In Polk
County Within
The Peace
River Basin

(aa) In Sarasota
County Within
The Manasota
Basin

(bb) In Sumter
County Within
The Green
Swamp Basin

(cc) In Sumter
County Within
The Withlacoo-
chee River
Basin

Specific Authority 373.016, 373.023, 373.044, 373.103, F.S.

Laws Implemented 373.016, 373.042, 373.044, F.S.
































Amendment 99
Page 31d






S-- Rl1--21



SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

IN THE MATTER OF: )

ESTABLISHMENT OF MINIMUM WATER )
LEVELS AND FLOOD WARNING LEVELS )
ON DESIGNATED LAKES WITHIN THE )
PINELLAS-ANCLOTE RIVER BASIN OF )
THE SOUTHWEST FLORIDA WATER )
MANAGEMENT DISTRICT )


RECOMMENDED ORDER

Pursuant to proper notices, a Hearing was held before Wm. 0. Stubbs, Jr.,

sitting in substitution for Don Crane, Hearing Officer, both appointed by, and

members of, the Governing Board of the Southwest Florida Water Management District,

at the Keystone Recreation Center, Gunn Highway, Odessa, Florida, on October 21,

1982. The proceedings were convened to consider establishing minimum water levels

and flood warning levels pursuant to the provisions of Chapter 373, Florida

Statutes, and the implementation through the District's Rules promulgated in

Chapter 40D-8, (formerly Chapter 16J-8).Florida Administrative Code.

Public notice has been given pursuant to Chapter 120, Florida Statutes,

posted at conspicuous locations around the water bodies under consideration, as

well as letters sent by mail to various federal, state and local agencies and

environmental organizations and associations, and certified mail to the persons

listed as owning property adjoining the lakes being considered, all of which

appears in the File of Record.

The District staff presented testimony and evidence which appear in the

File of Record as the basis for establishing minimum water levels and flood warn-

ing levels along with the method and procedure followed in determining the






0









Rll-08-82
R11-17-82
Rll-22-82

minimum water levels and flood warning levels being recommended on

the six lakes under consideration within the Basin.

Under consideration of all such testimony and evidence

presented, the following Findings of Fact, Conclusions of Law and

Recommended Order are submitted.

FINDINGS OF FACT

1. The District staff has recommended that minimum

water levels be adopted and that flood warning levels be published

for the following six lakes: Bass, Fishing, Geneva, Minniola, Parker

and Seminole within the Pasco County portion of the Pinellas-Anclote

River Basin.

2. Public notice has been given in the Florida Adminis-

trative Weekly, local newspapers, and posted at conspicuous sites

around the lakes under consideration. Also, letters noticing the

hearings were sent by mail to federal, state and local agencies,

associations and societies and. certified mail to the property owners

around the lakes as listed on Tax Records. These letters also soli-

cited comments and suggestions on the recommended minimum water levels

and flood warning levels.

3. The recommended minimum water levels are designed

to assist in the prevention of significant harm to the water resources

and ecology of the areas around these lakes.

4. The staff conducted an on-site inspection of the

biological, vegetative, cultural and structural features around the

lakes under consideration and reviewed and evaluated any historical

hydrographs and hydrologic data available on the lakes. Based on

these investigations, the staff recommended minimum water levels ccn-

s'st-nc of a 'n 'mum -!ood level, m'nuixrn (Ilw -: r-ana ee- nt) le'.>l, ". -- ".






SRllI-8-82
R11-17-82


(extreme low management) levels, and a ten-year flood warning level

as appears on Exhibit "A", attached hereto. In light of the testimony

and evidence presented at the hearings, these levels will enable the

District to manage and protect the water resources of the area.

5. At the hearing various property owners or their repre-

sentatives presented evidence concerning the levels for all of the

lakes since 1971, and questioned the impact of how the recommended

levels will continue to assist in controlling and keeping any surface

water discharges from lowering the lakes below these earlier levels.

The staff presented testimony that there was no method or design to

lower the lakes below the present invert of the District operated

structure which is 45.47' NGVD without'modifying the present structure

which is not anticipated at this time. Other property owners raised

concern over the drainage and canal maintenance between and from the

lakes under consideration. The staff presented testimony that the

maintenance and control of the drainageways and canals are outside

of the responsibility and control of the District. The District staff

should advise the County that these recommended minimum levels and

the ten-year flood warning level,when adopted,be used in the County's

redesign or alteration of the discharges of surface water between the

lakes or the drainageway to the Anclote River.

6. The culvert elevations from Lakes Seminole and Minniola

beneath Michigan Avenue were questioned by various property owners

because of the impact of the culverts on the outlet flow from the

lakes. The District staff has surveyed the elevation of the culverts

on these lakes and reccrrends that the ten-year flood warning level

and the minimum flood level remain as r-ecciT-mended in order to prevent


)









R11-8-82
Rll-17-82


flooding and protect the water resources in these lakes and surround-

ing area from significant harm.

7. The recommended ten-year flood warning levels for the

six (6) lakes will serve as advisory levels and aid the County in

permitting land development around these lakes.

8. Need exists to adopt and implement minimum water levels

on the six (6) lakes described above to protect the water resources

of the area. The ten-year flood warning levels will assist the gen-

eral public on flooding potential and should be placed on record in

the public records of Pasco County in the form of a Resolution from

the District.

CONCLUSIONS OF LAW

9. The Hearing Officer, as a member of and duly appointed by

the Governing Board of the Southwest Florida Water Management District

pursuant to Chapter 120, Florida Statutes, has jurisdiction to conduct

the Hearing and enter a Recommended Order that the District adopt

minimum water levels and advisory flood warning levels as shown on

Exhibit "A" attached hereto.

10. Notice was given in accordance with Chapter 120, Florida

Statutes, as well as notices posted and sent by regular mail to

federal, state and local agencies having mutual concern over the lakes.

In addition, letters were sent by certified mail to Tax Record-listed

property owners on the lakes and to persons and parties requesting

notice hereof and all were given the opportunity to appear or present

testimony at the hearing concerning the minimiim water levels and ten-

year flood warning levels as recommended by the District.

-s.--







A11-17-82


11. Sections 373.042 and 373.044, Florida Statutes,

S authorize the District to establish the level of surface water bodies

at which further withdrawals would be significantly harmful to the

water resources of the area, and to provide for the protection of

non-consumptive uses of said water in the area.

12. Establishment of the minimum water levels (flood level,

low management and extreme low management) and ten-year flood warning

levels, along with the proper repair, management and maintenance of

water drainage structures and culverts from Lakes Bass, Geneva,

Minniola, Seminole and Fishing and the general drainageways from

Lake Parter to the Anclote River by the Pasco County Board of County

Commissioners will allow the District to more effectively manage the

ground water and surface water withdrawals that will be significantly

harmful to the water resources of the area and prevent damage from

floods, soil erosion and excessive drainage.

RECOMMENDED ORDER

After reviewing the entire record herein and based upon the

Findings of Fact and Conclusions of Law set forth above, it is hereby

recommended that the Southwest Florida Water Management District adopt

the minimum water levels (flood levels, low management and extreme

low management) as part of its rules under Chapter 40D-8, Florida

Administrative Code, on the six (6) lakes at the levels listed and

set forth on Exhibit "A", attached hereto.

It is further recommended that the Southwest Florida Water

Management District pass and adopt a Resolution to be filed in the

public records of Pasco County and proiulcate brochures advising the

general public of the ten-year flood warning levels for the lakes as


7)








Rl1-17-82

shown on attached Exhibit "A".

DATED this 2 day of .A O /_ /L____ 1982, at
Brooksville, Florida.





Wm O .tubb Jrg Of f ice-
Wm. 0. Stubbs, Jr., Hea~i g Officer







































-0






-- D i 6-26-b2
R11-17-82







EXHIBIT "A"



Ten (10)
Year Flood Minimum
Location Of Warning Level Flood Level
Impoundment In Feet In Feet Low Extreme Low
By County Above Mean Above Mean Mgmt.Level Mgmt.Level
And Basin Sea Level Sea Level In Feet In Feet
(msl) (msl) (msl) (msl)

(t) In Pasco
County Within
The Pinellas-
Anclote River
Basin

LAKES

Bass(Holiday) 48.80' 48.75' 45.75' 45.00'
Lake
S34 T26E R17S

Fishing Lake 48.80' 48.75' 45.75' 45.00'
S34 T26E R17S

Geneva (Mud) 51.20' 50,00' 48.00' 46.00'
Lake
S26 T26E R17S

Minniola, Lake 51.20' 50.00' 48.00' 46.00'
S34 T26E R17S

"Parker (Ann) 48.80' 48.75' 45.75' '.45.00'
Lake
S35 T26E R17S

Seminole, Lake 49.20' 48.75' 46.00' 45.00'
S35 T26E R17S










Docket 3: Intentional Introduction of Water Into Underground /
Formations (DWI. And/Or Artificial Recharge.

Group A Deep Well Injection

Following consideration and without objection, the Board approved continuance of the
Public Hearing on Deep Well Injection Projects listed on page 3 of the packet to the
January 12, 1983 meeting, as recommended by the staff.

Group B Artificial Recharge

None

Dr. Garcia of CHzM Hill gave a slide presentation on the Deep Well Injection Projects in
St. Petersburg.

Docket 4 Consumptive Use Not Meeting Rules Criteria

None

Consideration of Adoption of Proposed Rule Amendment No. 99 to Rule 40D-8.624(l)(t)
Relating to Establishing Lake Levels for Lakes Bass (Holiday), Fishing, Geneva (Mud),
Minniola, Parker (Ann), and Seminole
On legal staff's recommendation and without objection, the Board ratified Mr. Stubbs'
chairing the public hearing at the Keystone Recreation Center in Odessa on October 21,
1982, in substitution for Mr. Crane. The proceedings were to consider establishing lake
levels on Lakes Hass (Holiday), Fishing, Geneva (Mud), Minneola, Parker (Ann) and
Seminole, within the Pasco County portion of the Pinellas-Anclote River Basin. Based on
staff testimony and citizen input received at the public hearing, a recommended order
has been prepared recommending the following levels in feet above mean sea level:

Ten-Year Minimum Minimum Minimum Level
Flood Warning Flood Level (Low (Extreme Low
Lakes Level Level Management) Management.

Bass (Holiday), Lake 48.80' 48.75' 45.75' '45.00'
S34 T26E R17S

Fishing Lake 48.80' 48.75' 45.75' 45.00'
S34 TZ6E R17S

Geneva (Mud), Lake 51.20' 50.00' 48.00' 46.00'
S26 T26E R17S

Minniola, Lake 51.20' 50.00' 45.75' 45.00'
534 T26E R17S

Parker (Ann) Lake 48.80' 8.75' 45.75' 45.00'
S35 T26E R17S

Seminole, Lake 49.20' 48.75' 46.00' 45.00'

Following consideration, Mr. Lambert moved, seconded by Mr. Kimbrough, to adopt
Order No. 82-29, setting forth the ten-year flood warning level, minimum flood level,


11










minimum level (low management) and minimum level (extreme low management) on
Lakes Bass (Holiday), Fishing, Geneva (Mud), Minniola, Parker (Ann) and Seminole, as
recommended by the staff. Mr. Carl Jasinski, speaking on behalf of the Odessa Civic
Association, said it is the contention of the Civic Association that thirteen people in the
area who requested notification of the lake level hearing were not properly notified. He
stated that the Association requested the District acquaint those residents with the
situation from "square one." For the record, Mr. Jasinski stated that Pasco County
recently approved a development on the west side of Parker Lake, subjecting additional
residents to the levels of Lake Parker. In answer to Chairman Stubbs' question,
Mr. Jasinski stated some of the residents agree with him personally that lake regulations
are necessary; however, there are others who are concerned. Chairman Stubbs noted
that many people misunderstand the purpose of establishing lake levels. He pointed out
that lake levels are utilized by the District in permitting activities. In the event a
permit application would cause the lake levels to decline below the established level, the
information would be considered in evaluating that application. Another advantage, if
properly utilized, enables the counties to recognize flood prone areas in their develop-
ment zoning. Chairman Stubbs also noted that in response to his request, the locations of
the lakes are identified by section, township and range. Following discussion and an
opportunity for all present to be heard, the question was called, and the motion to adopt
Order No. 82-29 setting forth the lake levels carried unanimously. Mr. Lambert then
moved, seconded by Mr. Zagorac, to adopt the levels as set forth in proposed Rule
Amendment No. 99 as Part of Chapter 40D-8.624(l)(t), FAC of the Rules, as
recommended by the staff. Motion carried unanimously. (Chairman Samson reentered
the meeting at this time.)

Proposed Rule Amendment No. 100
Proposed Resolution No 794
As recommended by the Legal Staff, Mr. Kimbrough moved to approve Proposed Rule
Amendment No.4-4L-o change the boundaries of Coastal and Pinellas-Anclote Basins as
requested by the Coastal Rivers and Pinellas-Anclote River Basin Boards, and

RESOLUTION NO. 794
REALIGNING COASTAL RIVERS BASIN
AND PINELLAS-ANCLOTE RIVER BASIN

The motion was seconded by Ms. Kumpe and carried unanimously. This Resolution is
made a part of these Minutes as set out herein in full, but for convenience sake is filed in
the permanent files of the District.

Mr. Ahern introduced the Regulatory Packet into Evidence as Exhibit No. 72.

Without objection, the Public Hearing was continued to the January 12, 1983, meeting.

Regulatory Matters Not Requiring a Public Hearing

Enforcement Report The Board was provided a copy of the Enforcement Report as a
matter of information.

Exceptions in Accordance with Rule 40D-3.041(3)(b) A list of exceptions in accor-
dance with Rule 40D-3.041(3)(b),. was presented to the Board as a matter of
information.

Applications Received Not Presently Schedule for Hearing The Board was provided a
list of applications received but not presently scheduled for hearing as a matter of
record.


12





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