Title: Establishment of Minimum Water Levels and Flood Warning Levels on Designated Lakes
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 Material Information
Title: Establishment of Minimum Water Levels and Flood Warning Levels on Designated Lakes
Alternate Title: SWFWMD. In the Matter of: Establishment of Minimum Water Levels and Flood Warning Levels on Designated Lakes within the Green Swamp Basin of the SWFWMD. Recommended Order. (Implementing District's Rules promulgated in Chapter 40D-8)
Physical Description: 18p.
Language: English
Publication Date: June 25, 1982
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 12 ( SF MINIMUM FLOWS AND LEVELS, Volumes 1 and 2 ), Item 14
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052667
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

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6-25-82
R7-07-82
R8-27-82

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

IN THE MATTER OF:

ESTABLISHMENT OF MINIMUM WATER
LEVELS AND FLOOD WARNING LEVELS
ON DESIGNATED LAKES WITHIN THE
GREEN SWAMP BASIN OF THE SOUTH-
WEST FLORIDA WATER MANAGEMENT
DISTRICT



RECOMMENDED ORDER

Pursuant to proper notices, a Hearing was held before Archibald R.

Updike, Jr., Hearing Officer appointed by and a member of the Governing Board

of the Southwest Florida Water Management District, at the Municipal Building,

115 W. Park Street, Auburndale, Florida, on August 23, 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 certified mail to various federal, state and local

agencies and environmental organizations and associations, and 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 warning levels along with the method and procedure followed in deter-

mining the minimum water levels and flood warning levels being recommended

on the seven lakes under consideration within the Basin.
Page 30C
Page 1 of 6








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Upon 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 reQommended that minimum water levels

be established on seven (7) lakes within the Green Swamp Basin and that

flood warning levels be published for the lakes which are: Camp, Grassy,

Gum, Little Van Lake, Myrtle, Swoope and Lake Van.

2. Public notice has been given in the Florida Administrative

Weekly, local newspapers, and posted at conspicuous sites around the lakes

under consideration. Also, letters noticing the hearings were sent by

certified mail to federal, state and local agencies, associations and

societies and to the property owners around the lakes as listed on Tax -

Records. These letters also solicited 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 of the area.

4. The establishment of minimum water levels and flood warning

advisory levels for the lakes appearing on Exhibit "A," and the proper

repair, operation and maintenance of the water drainage culverts, from

Lakes Camp, Gum and Van in conjunction with the drainageways around all of

these lakes by Polk County Board of County Commission will enable the

Southwest Florida Water Management District to more effectively regulate

and manage both the consumptive uses of the water resources as well as

protect the non-consumptive uses of water including the prevention of

damages from flood, soil erosion and excessive drainage. ^


Page 30D

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5. The staff conducted an on-site inspection of the biological,

vegetative, cultural and structural features around the lakes under considera-

tion, and reviewed and evaluated any historical hydrographs and hydrologic

data available on the lakes. Based on these investigations, the staff

recommended minimum water levels consisting of a minimum flood level, mini-

mum (low management) level, minimum (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 better manage and regulate the water resources of

the area.

6. At the hearing, various property owners or their representa-

tives presented evidence requesting that the recommended levels for lake

Swoope be the maximum level controlling any surface water discharges per-
F*"-
mitted under any State and/or County health and water quality regulation.

After reviewing all of the testimony and evidence presented by the staff and

the property owners on the lake, the facts indicate that the staff's recom-

mended minimum water levels could not be the controlling element since it

appears the present discharger of surface water does not appear to have authority

by the County or Florida Department of Environmental Regulation to discharge

to Lake Swoope so as to cause flooding. Thus, the District does not have the

authority presently to regulate the quality or quantity of water being discharged

to the lake but the District should recommend to the County and Department of

Environmental Regulation that these recommended minimum levels and the ten-year

flood warning level be used should the County or Department of Environmental

Regulation permit discharges of surface water to Lake Swoope.

Also, the water culvert elevations from Lakes Camp, Gum and Van

were requested by various property owners because of the impact of the

Page 3 of 6 Page 30E






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culverts on the outlet flow from the Lakes. The District staff has surveyed

the elevation of the culverts on these three lakes and recommends that the

ten-year flood warning level and the minimum flood level remain as recommended

in order to prevent flooding and protect the water resources in these lakes

and surrounding area from significant harm.

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

(7) lakes will serve as an advisory level for public information purposes

and based on the facts and evidence presented, should not be changed for

any of the seven (7) lakes.
8. Need exists to adopt and implement minimum water levels on

the seven (7) lakes described above to protect the water resources of the

area. The ten-year flood warning levels will assist the general public

on flooding potential and should be placed on record in the public records

of Polk 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 certified 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 thereof and all



Page 4 of 6 Page 30F






6 6-25-82
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r were given the opportunity to appear or present testimony at the hearing

concerning the minimum water levels and ten-year flood warning levels as

recommended by the District.

11. Chapters 373.042 and 373.044, Florida Statutes, 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 Camp, Gum and Van and general drainage-

ways by the Polk County Board of County Commissioners will allow the District
Sto both manage and regulate 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

Codes on the seven (7) lakes at the levels listed and set forth on

Exhibit "A," attached hereto.

It is further recommended that the Southwest Florida Water Manage-

ment District pass and adopt a Resolution to be filed in the public records


Page 5 of 6

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of Polk County and promulgate brochures advising the general public of
the ten-year flood warning levels for the lakes as shown on attached
Exhibit "A."
Dated this 20thday of September 1982, at Brooksville,
Florida.










ARCHIBALD R. UPDIKE, HEARING OFFICER
,/



























Page 6 of 6
Page 30H











EXHIBIT "A"


Ten(10)
Year Flood Minimum
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)

(x) In Polk
County Within
The Green
Swamp Basin

LAKES

Camp, Lake 133.40' 134.50' 132.00' 130.00'

Grassy Lake
(Big Glades) 133.20' 132.00' 129.50' 128.00'

Gum, Lake 132.60' 131.00' 128.50' 126.00'

Little Van
Lake 141.40' 139.00' 136.50' 135.50'

Myrtle, Lake 141.70' 141.00' 138.50' 136.50'

Swoope, Lake 133.00' 132.50' 130.00' 128.00'

Van, Lake 133.00' 132.75' 130.00' 128.00'























Page 301






07-07-82





RULE AMENDMENT NO. 96

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

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

Ten (10)
Year Flood Minimum
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






Page 30J





07-07-82






(h) In Hernando
County Within
The Withlacoochee
River Basin

(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




Page 30K






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(q) In Pasco
County Within
The Coastal
Rivers Basin

(r) In Pasco
County Within
The Green
Swamp Basin

(s) In Pasco
County Within
The Hillsborough
River Basin

(t) In Pas.co
County Within
The Pinellas-
Anclote River
Basin

(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

LAKES

Agnes, Lake 135.20' 135.75' 132.75' 130.75'

Arietta, Lake 144.00' 144.00' 141.00' 138.00'

Camp, Lake 133.40' 134.50' 132.00' 130.00'

Clearwater 146.20' 143.50' 141.00' 139.00'
Lake




Page 30L






S_ O 07-07-82






Grassy Lake 133.20' 132.00' 129.50' 128.00'
(Big Glades)

Gum, Lake 132.60' 131.00' 128.50' 126.00'

Haines, Lake 129.70' 128.75' 126.50' 124.50'

Helene, Lake 144.80' 144.00' 141.00' 139.00'

Juliana, Lake 134.70' 132.50' 130.00' 127.50'

Little Lake 135.20' 136.00' 133.00' 131.00'
Agnes

Little Van 141.40' 139.00' 136.50' 135.50'
Lake

Mattie, Lake 134.70' 132.50' 130.00' 127.50'

Myrtle, Lake 141.70' 141.00' 138.50' 136.50'

Mud, Lake 139.60' 140.75' 137.75' 136.00'

Swoope, Lake 133.00' 132.50' 130.00' 128.00'

Tennessee, Lake 134.70' 134.00' 130.00' 128.00'

Van, Lake 133.00' 132.75' 130.00' 128.00'

Whistler, Lake 140.90' 137.50' 135.00' 133.75'

(y) In Polk
County Within
The Hillsborough
River Basin

(z) In Polk
County Within
The Peace
River Basin I

(aa) In Sarasota
County Within
The Manasota
Basin

(bb) In Sumter
County Within
The Green Swamp
Basin



Page 30M













(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.














































Page 30N








2

3
f, PROPOSED RULE AMENDMENT NO. 97

5 40D-3.041 Permits Required

6 SUMMARY OF PROPOSED RULE: This Rule sets forth the procedures for
7 the permitting, construction, repair and abandonment of public

8 water system supply wells within the District.
9 PURPOSE AND EFFECT: This Rule will assist the District in

10 accomplishing its statutory directive for the public health and

11 welfare that water and water related resources be conserved and

12 protected. Adoption of this Rule will assist the District in the

13 administration of regulation and enforcement of rules governing
14 public water system for supply wells.
15 40D-3.041 Permits Required
15 --

16 (6) Public Water System Supply Wells.
Iy (a) Permitting of public water system supply wells shall

be in accordance with Section 17-22.108(1) (a), Florida Administra-

tive Code.

20 (b) Construction of public water system supply wells

21 shall be in accordance with Section 17-22.106(2)(c), Florida

22 Administrative Code.

23 (c) Location of public water system supply wells shall
24 be in accordance with Section 17-22.106(2) (b), Florida Adminis-

25 trative Code.

26 (d) Inspections in connection with public water system

27 supply wells may include but shall not be limited to: Initial

28 site inspection to review proposed location of well prior to

29 approval of construction permit; construction inspections during
".1 any stage of construction; cementing inspections during grouting

31 operations.
Page 300








1

2

3

4 (e). A site inspection must be completed by an authorized

5 representative of the District or the Department prior to issu-

6 ing a permit for construction of a public water system supply

7 well.

8 (f) The issuance of a permit for a public water system

9 supply well does not constitute approval of the public water

10 system. A separate application must be submitted in accordance

11 with Section 17-22.108(1) (b), F.A.C., to obtain a permit to

12. construct or alter a public water system.

13 (g) No well permitted under this section may be used as

14 a public water system supply well until all conditions of

15 issuance have been fulfilled, including the submission of a

16 sufficient well completion report.

17 Specific Authority: 373.044, 373.149, 373.171, F.S.

18 Laws Implemented: 373.103, 373.308, 373.309, 373.339, F.S.

19 JUSTIFICATION FOR RULE: This Rule will assist the Department of

20 Environmental Regulation in eliminating overlapping enforcement

21 and permitting jurisdiction in accomplishing its statutory directive

22 of protecting public health and welfare and the water and water

23 related resources in the District's jurisdiction. Adoption of

24 this Rule will implement the provisions of Chapter 373.103, F.S.

25

26

27

28

29

30

31
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1 7-22-82
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2

3 PROPOSED RULE AMENDMENT NO. 98

4 40D-3.461 Inspection

5 SUMMARY OF PROPOSED RULE: This Rule sets forth the procedures for

6 the inspection during the construction, repair or abandonment of

7 any water well within the District.

8 PURPOSE AND EFFECT: This Rule Amendment will assist the District in

9 accomplishing its statutory directive for the public health and

10 welfare that water and water related resources be conserved, pro-

11 tected and regulated. Adoption of this Rule Amendment will assist

12 the District in the administration, regulation and enforcement of

13 rules governing public water wells.

14 40D-3.461 Inspection.

15 Subsections (1),(2)(a)&(b) are renumbered as (5)&(6) and new

16 subsections (1),(2),(3)&(4) are inserted to read as follows:

17 (1) The District has authority to inspect any water well or

18 abandoned water well. Duly authorized representatives of the

19 District may at reasonable times enter upon and shall be given

20 access to any premises for the purpose of such inspection. Such

21 inspection may include geophysical logging, water level measure-

22 ments, water quality sampling, and other methods.

23 (2) Upon the basis of such inspection, if the District finds

24 applicable laws, rules or regulations are not complied with, it

25 may disapprove the well. If disapproved, no well shall thereafter

26 be used until brought into compliance.

27 (3) During the construction, repair or abandonment of any well,

28 through thirty days after receipt of the completion report, all

29 wells subject to permitting by the District shall be subject addi-

30 tionally to the inspection provisions of Rule 17-21.11, F.A.C.
Page 30Q
31








1 40D-3.461 7-22-82
R8-18-82
2

3 (4) If, upon basis of an inspection, the District finds any

4 water well is an abandoned water well as defined in Rule 17-21.02(5),

5 F.A.C., the well shall be plugged in accordance with Rule 17-21.10(4),

6 F.A. C.

7 (15) Inventory. The Board has determined the necessity for

8 taking and maintaining an accurate inventory of water resources and

9 uses within the District so that it takes all necessary and proper

10 steps to effect the maximum beneficial utilization, development,

11 and conservation of the water resources within said District in the

12 best interest of the public and to prevent waste, contamination,

13 and unreasonable use of said resources.

14 (26) Area to be Inventoried. An inventory will be made and

15 maintained of selected water wells and test and foundation holes,

16 constructed pursuant to permit issued by authority of these Rules

17 and Regulations. In addition, the Board may take inventory of all

18 other water wells located within areas the Chief Hydrologist of

19 the Board determines to be seriously endangered from overdevelop-

20 ment, salt water intrusion, pollution, or other contamination.

21 (a) In all such areas the Board, its employees and agents,

22 shall have the right to inspect all water wells and test and

23 foundation holes, going upon the premises where located at any

24 reasonable time for such purpose.

25 (b) No person shall interfere with or prevent such inspection.

26 Specific Authority: 373.044, 373.149, 373.171, F.S.

27 Laws Implemented: 373.103, 373.308, 373.309, 373.339, F.S.

28 JUSTIFICATION FOR RULE: This Rule will assist the Department of

29 Environmental Regulation in eliminating overlapping enforcement and

30 permitting jurisdiction in accomplishing its statutory directive of

31 protecting public health and welfare and the water and water related
Page 30R







"* 1 T 40D-3.461 7-' -82
R8- ,-82
2

3 resources in the District's jurisdiction. Adoption of this Rule

4 will implement the provisions of Chapter 373.103, F.S.

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

^29

30

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Page 30S













V. REGULATORY MATTERS NOT REQUIRING PUBLIC HEARING

A. Enforcement Report August 15, 1982 to September 15, 1982

Warning Notices Issued 3

Cease & Desist Issued 0

CUP Applications Filed (Tampa & Bartow) 32

Well Const. Permits Issued (Tampa & Bartow) 177

CUP Application Investigations 8

CUP Compliance Investigations _5

CUP Investigations Other 24

Well Sites Checked 216

Driller Written Tests 4

Driller Field Tests 3

Driller Cards Issued 3

Trainee Cards Issued 6

Public Supply Well Groutings 22

Well Abandonment (Pluggings) 12

Surface Water Contaots/Investigations 67

Flood Plain Contacts/Investigations 6

Well Complaint Investigations 3

Docks & Seawalls 5


Consumptive Use (January 1980 through September 15, 1982

548 Consumptive Use Permits Inspected compliance accomplished.

23 of 42 Phosphate mines and Chemical Plants inspected. All in compliance.









9/10/82
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