Title: Peter M. Gottschalk and Gilliam M. Clarke: Complaint Of Cypress Creek and Cross Bar Ranch Wellfields
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Permanent Link: http://ufdc.ufl.edu/WL00004018/00001
 Material Information
Title: Peter M. Gottschalk and Gilliam M. Clarke: Complaint Of Cypress Creek and Cross Bar Ranch Wellfields
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Peter M. Gottschalk and Gilliam M. Clarke: Complaint Of Cypress Creek and Cross Bar Ranch Wellfields (JDV Box 108)
General Note: Box 16, Folder 12 ( SWFWMS And Tampa Bay - 1997 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004018
Volume ID: VID00001
Source Institution: Levin College of Law, 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

10/24/97 09:13


V813 987 6726 TPA COMM AFFAIRS


Southwest Florida

Water Management District
2379 Broad Street Brooksville, Florida 34609-6899 1-800-423-1476 (Florida Only) or
(352) 796-721 1 SUNCOM 628-4150 T.D.D. Number Only (Florida Only): 1-800-231-6103


An E4idll O;yw1Onilt' EmphyLr


Roy G. Harrel. Jr.
Chairman, St. Petersburg
Joe L. Dovis, Jr.
Vice Chairman. Wauchula
Cuitis L. Law
Secretary. Land O' Lakes
Sally Thompson
Treasurer. Tampa
James L Allen
Bushnel
Ramon F. Compa
Brandon
Rebecca M. Egeo
Sarasota
John P. Harlle, IV
Bradenton
Ronald C. Johnson
Lake Wales
James E. Martin
St. Petersburg
Virginia S. Roo
Tompa
E. D. "Sonny" Vergara
Executive Director
Edward B. Helvenston
General Counsel


Excellence
Through
Quality
Service


7601 lHghway 301 North
Tampa o R.o 336376759
1-8008360797or (813) 985-7481
SUNCOM 578-2070


170 Centuy Bolevard
Bortow.Floido 33830-7700
1-80-492-7862 or (941) 34-148
SUNCOM 572-6200


115 Corporalon Way
Venice. Florao 342923524
1-800320-3503 or (941) 4861212
SUNCOM 26-6900


2303 Hihwoy 44 Wesf
Invernes Fida 34453-38
(352) 637-1360


FAX TRANSMITTAL LOG


TAMPA COMMUNITY AFFAIRS
DEPARTMENT
(813) 987-6726
SUNCOM 577-6726


FAX TO:


Organization:


Attention:


Fax Number:


FAX FROM:


Name: 5/


V50- c A -No


V/ V 4.7


Number of pages (including this page): /


Date Sent:


Time Sent: 10.OS


CONFIRMATION REQUESTED: yes


S0 oo


I0/a lq


c"
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10/24/97 09:13


Southwest Florida

Water Management District
2379 Broad Street Brooksvllle. Florida 34609-6899 1-800-423-1476 (Florida Only)
or (352) 796-7211 SUNCOM 628-4150 T.D.D. Number Only (Florida Only): 1-800-231-6103
Internet address: http://www.dep state.fl.us/swfwmd


An EquIa Oppwsity Employer


Roy 6. Harrell, Jr.
Chairman. St. Petersburg
Joe L Davi, Jr.
Vice Chairman. Wauchula
Curtis L Law
Secretary. Land O' Lakes
Sally Thompson
Treasurer. Tampa
James L Alen
Bushnell
Roman F. Campo
Brandon
Rebecca M. Eger
Sarasota
John P. Hadlee, IV
Bradenton
Ronald C. Johnson
Lake Wales
James E. Martin
St. Petersburg
Brenda Menendez
Tampa
E. D. "Sonny" Vergara
Executive Director
Edward B. Hefvenston
General Counsel


























Excellence
Through
Quality
Service


7601 Highwoy 301 North
Tampo. Florida 333-6759
1-8843"0797 or (813) W857481
SUNCOM 578-2070


170 Century BoiJevard
Bartow. Prida 33830-7700
I-800-M-7862 or (941) 53U-1448
SUNCOM 57262-M


115 Carorowion Way
Venice, Rorido 34292-U24
1-800-32&3503 or (941) 486-1212
SUNCOM 526469


2303 Highway44 Wed
Invemre. Forida 3445-3809
252) 637-136


October 23, 1997



Janice M. McLean, Esquire
15110 Barby Avenue
Tampa, Florida 33625

Subject: Peter M. Gottschalk and Gilliam M. Clarke
Section 403.412, F.S., Action

Dear Ms. McLean:

This letter will respond to the 9 ft by Mr. Gottschalk and Mrs. Clarke'
which was served on the District on September 23, 1997. The complaint,
brought pursuant to the Environmental Protection Act, Sec. 403.412 et
seq., F.S. (the "Act"), I_'"- n
.- against the West Coast Regional Water
Supply Autho dty e-'Aithorty") and Pinellas County I
d (WUP
204290.02 Issued 8/30/89) #W against the Authority, the City of St.
Petersburg (the "City")II Pinellas County based upon violations of the
water use permit for .-l-'" (WUP 203650.03 Issued
8/30/89).

A copy of the complaint was furnished to the Authority, the City of St.
Petersburg, and Pinellas County on September 25, 1997. Mr. Maxwell
responded for the Authority by letter dated October 10, 1997. Mr. de la
Parce responded for Pinellas County by letter dated October 14, 1997.
Kim Streeter, Assistant City Attorney, responded for the City of St.
Petersburg by letter dated October 14, 1997. Copies of these letters are
enclosed.

Cross Bar Ranch Weilfleld.

Asyou may know,a a I of the r .
water use permit has been received by the District which has until


Qo002


e813 987 6726


TPA COMM AFFAIRS





10/24/97 09:14 0813 987 6726


S003


TPA COMM AFFAIRS


Janice M. McLean, Esquire
October 23, 1997
Page 2



November 30, 1997, to issue a proposed agency action. In light of the imminence of
such proposed agency action, i .' or the commencement of an
enforcement action relating to the Cross Bar Ranch Wellfleld at this juncture-
Environmental conditions at Cross Bar will be
central to any determination that the pending renewal application meets or does not meet
the conditions for issuance of water use permits set forth in Sec. 373.223(1), F.S., and
Rule 40D-2.31 (1), F.A.C. Nonetheless, at such time as the District takes final agency
action, your clients, as substantially interested parties, will have a right to challenge such
actions and seek an administrative hearing pursuant to Sec. 120.569, F.S.

Cvress Creek Welfleld.

The Your clients are
understandably concerned about environmental harm, soil subsidence and damage to
personal residences they believe is resulting from groundwater withdrawals at this facility.
In response to earlier expressions of concern from your clients, the District has been
collecting site specific seismographic information since June, 1997. One of these stations
is located, by permission, on the property of one of your clients. Additionally, with the
help of the Natural Resource Conservation Service, the District is completing soil borings
and studying potential mechanisms by which to explain soil subsidence in areas adjacent to
homes in the same area. I am told that sufficient information needed to reach preliminary
conclusions as to the cause or causes of subsidence-related damage may be available by the
end of this December. Your clients have been, and will continue to be, apprised of the
progress of this ongoing investigation.

As noted by Mr. de la Parte, the District has taken other actions as well. These actions
Include:

S The requirement that the permittees Implement environmental management
programs for the Cypress Creek Wellfleld, including mitigation of adversely
Impacted wetlands.





Furthermore, the
fact that a notice of violation has not been Issued does not mean that all terms and
conditions of a permit or applicable rule have been or are being met.





10/24/97 09:15 9813 987 6726


Janice M. McLean, Esquire
October 23, 1997
Page 3



The requirement that the permittees Investigate and mitigate well complaints
due to withdrawals from the Cypress Creek Wellfleld.

Entry of water shortage order (94-12) requiring increased conservation,
development of new water supply facilities, the enforcement of water
shortage regulations and other similar activity on the part of the Authority,
the City of St. Petersburg and Pinellas County as a result of withdrawals from
several wellfelds in the Central Supply System, including Cypress Creek
Wellfleld.

Entry in June of 1994 of an emergency order (94-58) limiting production
from several wellflelds in the Central Supply System, including Cypress Creek
Welifleld, to 116 million gallons per day.

Entry in August 1995 Into a settlement agreement on the emergency order
which required the Authority, the City of St. Petersburg and Pinellas County
to interconnect new sources of supply such as the Cypress Bridge Wellfleld
and the Morris Bridge Wellfleld.

Initiation on September 19, 1997, of rulemaking to adopt minimum flows
and levels to protect certain water resources in the Northern Tampa Bay area
Including lakes and wetlands in the vicinity of Cypress Creek Wellfleld.

The problem of over pumping at the Cypress Creek Wellfeld Is one the District is well
aware of and Is working to resolve. it Is clear that the_ _


M ll l. The District's approach to Implement this objective is consistent with direction
from the 1997 legislature which Is to negotiate an agreement to "...Jointly develop with
the [Authority] alternative sources of potable water and transmission pipeline to
interconnect regionally significant water supply sources and facilities of the Authority in
amounts to meet the needs of all member governments for a period of at least 20 years
and for natural systems." Consequently, the District has developed a conceptual plan that
offers substantial funding assistance to the Authority to facilitate development of at least
85 million gallons of new water in the shortest time feasible. Clearly,
ili iim iil 11 j i i iii u j u i ni uiiiii n inhi 1 1111111 ir i iiijiiiiii11 \r


Z004


TPA COMM AFFAIRS





10/24/97 09:16 0813 987 6726


Janice M. McLean, Esquire
October 23, 1997
Page 4


Also, the District has been charged by Chapter 97-160, F. S., to Implement minimum
flows and levels for the Northern Tampa Bay area by October 1, 1997. Accordingly,
-l..... .... mi. -u1,, L'.> for priority water bodies in Northern Tampa
Bay, including lakes and wetlands in the vicinity of Cypress Creek Welifield,
F.S. (Supp.1997), Mr
-_ .m The recovery or prevention strategy will, of necessity, Include
development of additional water supplies and other appropriate actions to further the
purposes of the statute. Although not a precedent condition, an expeditious agreement
with the Authority would obviously become an Integral part of any recovery strategy that
would ensure actual levels will improve toward the adopted minimum levels set for the
Northern Tampa Bay wellflelds, including Cypress Creek.

It is necessary at this point to respond to Mr. Maxwell's statements in his October 10,
1997, letter which suggests that the operation of the Cypress Creek Wellfleld has not
warranted in the past, and does not now warrant, Issuance of a notice of violation or the
initiation of any other enforcement action by the District. To Ignore Mr. Maxwell's
comments and observations could suggest agreement with his views. As noted earlier, *a
.... ......a.E..r. -.....r.. ....e a 11 nll l I T i is -ri i r -
-.lr ii... ......a .. .. ... l.
.. _hrr' _T ... ",,, tm- in fact, ...... ... -- jf


.... ... .. T h e se indc lu d e

qlMlil! The .d.... ...im. l which have occurred I
Welifleld operation and mitigation
requirements have not been met or fulfilled. Further, in certain instances, Mr e
III I I Mid vim'

The initiation of an enforcement action by the District based on these violations would have
been justified at any time at the discretion of the District's Governing Board, and it is still
within the discretion of the Board to take such action. However, in lieu of the protracted
litigation that would result that could take years to resolve, the ... ....h.m a
i-AA _rBltirN 1"1 .- .. ... ....
..ri. l'. -.iil yve. The Governing Board's exercise of its discretion in
favor of a peaceful resolution of the water resource problems at Cypress Creek should not
be taken by anyone, however, including the Authority, as a determination or statement by
the District that permit violations do not in fact exist, or that remedies will not be required


o005


TPA COMM AFFAIRS





1o006


10/24/97 09:17 e813 987 6726


Janice M. McLean, Esquire
October 23, 1997
Page 5



of the permittees either pursuant to ongoing discussions or as a result of adversarial
administrative or judicial enforcement proceedings.

While these Initiatives are ongoing, we further recognize that nfbim---ble Ia rei-c


' 'i- J -- I .l....i ~ i -I iruti ^..M...i ll^
ii wLa The District does not foreclose the possibility, therefore, that emergency,
enforcement or other action may be required between now and the time a recovery plan
or strategy Is successfully implemented. At present, however, it is the District staffs
posidon that the
Alliati1, and that At




We strongly urge your clients to support the District in this regard, and we look forward to
working with them toward a permanent and mutually acceptable resolution of the water
resource problems in the Northern Tampa Bay area.

Sincerely,



E. D. "S2"i r Vergara
Executive Director

cc: Governing Board Members
Jerry L. Maxwell, General Manager
Edward P. de la Parte, Esquire
KIm Streeter, Esquire, Assistant City Attorney
Edward B. Helvenston, Interim Assistant Executive Director
Richard Tschantz, Interim General Counsel
James A. Robinson, Senior Attorney
John W. Parker, P.G.


WA C:OPEIN\403cg.np


- --


TPA COMM AFFAIRS






10/24/97 09:18


1813 987 6726


o007


TPA COMM AFFAIRS


de la PARTE, GILBERT & BALES
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW


JOHN CALHOUN BALES
DAVID M. CALDEV1LLA
RONALD A. CHRISTALDI
EDWARD P. de la PARTE, JR.
L. DAVID de la PART
DAVID D. DICKEY
CHARLES R. FLETCHER
RICHARD A. GILBERT
PATRICK J. McNAMARA
MICHAEL A. SKELTON


OCT 6 1997


GENER .
ONE TAMPA CITY CENTER'
SUITE 2300
POST OFFICE BOX 2350
TAMPA, FLORIDA 33601-2350
(813) 229-2775
FACSIMILE (813) 229-2712

FOUNDER
LOUIS A. de la PART


October 14, 1997


FACSIMILE TRANSMISSION AND
U. S. MAIL

Mr. James A. Robinson
Senior Attorney
Office of General Counsel
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34609-6899

Re: Cypress Creek and Cross Bar Ranch Wellfields; Section 403.412, F.S., Action by Peter
M. Gottschalk and Gilliam Clarke

DearJim:

This will acknowledge receipt of your letters dated September 25, 1997 and October 13,
1997 regarding the Section 403.412, Florida Statute action filed by Peter M. Gottschalk and Gilliam
Clarke (the "Complaint"). Pinellas County appreciates the opportunity to provide comments
regarding this matter. We ask you please consider this letter as Pinellas County's response to the
Complaint.

First, o.-, Florida Statutes

0i0i0at This requirement is intended to provide the regulatory agency sufficient information to
determine whether probable cause exists to commence an enforcement proceeding. I onin~Iait
do,_ -- .o, o---i--Ied g_ s m3_ -T...I.a ", .1.... by the West Coast.
Regional Water Supply Authority ("WCRWSA"), the City of St. Petersburg and Pinellas County. The
n ri i ~concerning a violation appears in Paragraph 10, which I --


cnto..i..permit conditions are not "laws, rules and regulations" as those terms are used in
Section 403.412. Even if permit conditions are covered by Section 403.412, the IK l
d t wstl WaI1er0 M and 0(_.W Under these
circumstances, the Southwest Florida Water Management District ("SWFWMD") is unable to






10/24/97 09:18 0813 987 6726 TPA COMM AFFAIRS [008



de la PARTE, GILBERT & BALES, P.A.
ONE TAMPA CITY CENTER
SUITE 2300 POST OFFICE BOX 2350
TAMPA, FLORIDA 33601-2350
PACE 2 OF 4

determine whether violations have occurred and probable cause has not been demonstrated to initiate
an enforcement action.

Second, .lm m fFlorida Statutes -s a liRW in.

requirement is intended to provide the regulatory agency sufficient information to determine how to
address the problem identified by the complainants. The .i.. .i. MA

illigPJ BISIIBMs. Paragraph 12 claims that violations of permit conditions for the Cypress Creek and
Cross Bar Ranch Wellfields have resulted in "destruction of the water resources of the area, destruc-
tion and damage of private property, and physical incapacity." However, the Complaint does not
allege that Mr: Go.:Lchalk -and Ms. Clarke utilize the water resources of the area, own private
property which has been damaged by the actions of WCRWSA, the City of St. Petersburg and
Pinellas County or they have suffered any sort of physical incapacity. Consequently, SWFWMD is
unable to determine what would be an appropriate response to the'complainants' concerns, assuming
arguendo that violations have in fact occurred.

Third, 10a1s11s, Florida Statutes Aa W agiln-1aea Ia
II..'. No pl s. As described above, it is
impossde to determine whether violations of laws, rules or regulations have occurred or how the
complainants have been individually and personally affected, if at all, by the actions of WCRWSA, the
City of St. Petersburg and Pinellas County, but it appears the complainants are generally concerned
about the effect of groundwater withdrawals from the Cypress Creek and Cross Bar Ranch Wellfields
on water levels in the region. Unquestionably, SWFWMD has taken action in the past and is
currently taking action addressing this concern. SWFWMD has engaged in the following activities.

SWFWMD has required the permittees to'_-1"-- eIW-
&sW for the Cypress Creek and Cross Bar Ranch Wellfields, including mitigation
of adversely impacted wetlands.

SWFWMD has required the permittees to t11d"
due to withdrawals from the Cypres< Creek and Cross Bar Ranch TWllfieds '

SWFWMD has coordinated with the permittees to i ,l ... i
.. ..B..I o the greatest extent feasible, under the constraints of the
current regional water supply system.

In March 1994, SWFWMD entered a water shortage order requiringgABInM
g gSffi tlgfi, che. t~gS.-lB.;- Ba a _-I IN^ Jrhe' .l.M.li
sR ssWA and other similar activity on the part of WCRWSA, the City of
St. Petersburg and Pinellas County as a result of withdrawals from several wellfields in
the Northern Tampa Bay Area, including the Cypress Creek and Cross Bar Ranch
Welifields.






10/24/97 09:19 0813 987 6726 TPA COMM AFFAIRS Q009



de la PARTE, GILBERT & BALES, P.A.
ONE TAMPA CITY CENTER
SUITE 2300 POST OFFICE BOX 2350
TAMPA, FLORIDA 33601-2350
PACE 3 OF 4

In June 1994, SWFWMD entered an emergency order i P from
several wellfields in the Northern Tampa Bay Area, including the Cypress Creek and
Cross Bar Ranch Wellfields,

In August 1995, SWFWMD wi-see
SiS ilWequiring WCRWSA, the City of St. Petersburg andPinellas County to
Ig---w--"e-lmsewwpp such as the Cypress Bridge Wellfield and the
Morris Bridge Wellfield.

On September 19, 1997, SWFWMD initiated rulemaking to adopt 5IWA MtMSs
aBgl4gi*XpA regulate long-term withdrawals from eleven wellfields in the Northern
Tampa Bay Area, including the Cypress Creek and Cross Bar Ranch Wellfields.

SWFWMD is '- e.Jgi g to meet the proposed minimum flows
and levels, including a partnership agreement wich'WCRWSA and the member
governments requiring the development of new water supply facilities and the
reduction of withdrawals from existing wellfields, including the Cypress Creek and
Cross Bar Ranch Wellfields, as new sources are brought into production.


and would
I-II II.MR.I... Also, any enforcement action by the SWFWMD with respect to the
Cypress Creek and Cross Bar Ranch Wellfields would only thwart the present effort by SWFWMD,
WCRWSA and the member governments to cooperatively resolve the water resource concerns of the
Northern Tampa Bay Area.

Finally, the Complaint contains a L i which Pinellas County
disputes. However,il'
1111111 'Ir IIJPI 1 .. ... .. .. .. ., Florida Statutes, as
described above.

in. onclusioon
agSSliggecause Mr. Gottschalk and Ms. Clarke have failed to identify what laws, rules or
regulations have allegedly been violated and the facts supporting the existence of such violations and
because they have failed to describe the manner in which they have been affected by the alleged
violation of laws, rules or regulations. However, more importantly, we believe SWFWMD is already
taking serious and credible steps to address the concerns expressed in the Complaint and any
additional actions or enforcement proceedings pose a substantial risk to public health, safety and
welfare and would jeopardize any attempt to cooperatively resolve these issues with the permittees.





10/24/97 09:20 0813 987 6726


D oi


TPA COMM AFFAIRS


de la PARTE, GILBERT & BALES, PA.
ONE TAMPA CITY CENTER
SUITE 2300 POST OFFICE BOX 2350
TAMPA, FLORIDA 33601-2350
PACE 4 OF 4

If you have any questions concerning the maccers discussed herein, please feel free to contact
me.





Sincerely Yours;

de la Parte, Gilbert & Bales, P.A.



Edward P. de la Parte, Jr.

cc: Pick Talley
Joe Morrissey, Esq.
Jerry Maxwell
Don Conn, Esq.
Bill Johnson
Kim Screeter, Esq.


--





10/24/97 09:21 V813 987 6726


CITY OF ST. PETERS:BURG


October 14, 1997


James A. Robinson
Senior Attorney
Southwest Florida Water
Management District
2379 Broad Street
Brooksville, FL 34609


OFFICE OF THi CITY ATTORNEY


,.. ^ |(J|,,


OCT 15 1997


GENERAL., CO:,SjiS


Re: Cvpress Creek Wellfield Peter M. Gottschalk. et al v
Mlmt-~hipaat Rntn r a to Ms-n-~ra~m-nt4 I- *I-


A


Der

Mr. Johnson has asked me to respond to your correspondence concerning the
above-referenced matter.

The. Cypress Creek Wellfield was developed jointly by Pasco County,
Pinellas County and the City of St. Petersburg in cooperation with the
Southwest Florida Water Management District. On November 22, 1976, the
City of St. Petersburg entered into an agreement with the West Coast
Regional Water Supply Authority transferring to the Authority its
interests, contractual rights and duties pertaining to the Cypress Creek
Wellfield. That wellfield has been operated by the Authority as a
regional facility.

The 0~oU aallr related to wellfield
operations at Cypress Creek. Any information the District needs
concerning the Cypress Creek Wellfield should be obtained from the
Westcoast Regional Water Supply Authority. Please feel free to contact
me at 892-5401 if you would like a copy of the above-referenced Agreement
or have any other questions.

Very truly yours,



Kinm Streeter
Assistant City Attorney

cc: William Johnson
Donn Conn

KS/frs
Rosbfon. Lcr/


P.O. BOX 2842 ST.PETERSBURG, FLORIDA 33731-2842 TEL (813) 893-7401 FAX (813) 892-5262


__ II___ ~~____I_______ ___I____


Moil


TPA COMM AFFAIRS





1813 987 6726 TPA COMM AFFAIRS


TheAteiiter October 10, 1997


Bowd of
DCmcors
Ed Tranchik
David ,J F4er
Steven M. Seibel
R. MIchasl SaBnon
Ed Collins
Frak Parker

General
Manager
Jenry L. MaaWll


o aw0.
Dona 0. Conn


253S Landmark Div.
Suit 271
Cleawater, FL 33781
Phone 813-796-2355
Fa 813.855-7479


..J. jIITjL .


OCT 1 4 1997


James A. Robinson, Esquire
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34609-6899

Re: Cypress Creek Wellfield and Cross Bar Ranch Wellfield;
Section 403.412, F. S., Action by Peter M. Gottschalk and Gilliam
M. Clarke

Dear Mr. Robinson:

This acknowledges receipt of your letters dated September 25, 1997, regarding the
above-referenced matter.

The Cypress Creek Wellfield has been in operation since 1976 and the Cross Bar
Ranch Wellfield was placed in service in 1981.

1 .... The I
including the requirement that reports concerning hydrologic and ecologic conditions,
pumpage levels, and other required data be submitted'to' the District for review -and
consideration. Based upon those reports and data, as well as the District's own data


A IV FAX d U S MA


and analysis, i M

-------------**- I-I***i ---*- *

~-rrl s1Now"~~'
tllp~Ra~a~renowp


10/24/97 09:21


S1012






10/24/97 09:22


&813 987 6726


01013


TPA COMM AFFAIRS


James A. Robinson, Esquire
October 10, 1997
Page 2


Th~th~v~h1Gklrter


The Authority is aggressively moving forward with our Master Water Plan, and looks
forward to negotiations with the District concerning the Partnership Plan. We are
committed to working together with the District to find solutions to water supply.
issues in the Tampa Bay area. r
---lllb.--A Ip sllll~l~~~

ia m.,., P and also so that the Authority
and its Member Governments can be assured that actions taken and commitments
made by the District today, will be carried out and honored consistently in the future.

Thank you for this opportunity to comment on the Complaint served on the District on
September 23, 1997, under Section 403.412, F.S.

Sincerely,


Jerny L. Maxwell
General Manager


JLM:rak

cc: Bill Johnson. Director of Utilities, City of St. Petersburg
Pick Talley, Director of Utilities, Pinellas County
E. D. "Sonny" Vergara, Executive Director, SWFWMD





TPA COMM AFFAIRS


A. Epul Oprmlrfniy Emloyer


Roy G. Harrell, Jr.
Chairman. St. Petersburg
Joe L Dovis, Jr.
Vice Chairman Wouchula
Curis L Law
Secretary, Land O' Lakes
Sally Ihompson
Treasurer, Tampa
James L Allen
Bushnell
Ramon F. Compo
Brandon
Rebecca M. Eger
Sarasoto
John P. Harlee, IV
Brodenton
Ronald C. Johnson
Lake Wales
James E. Martin
St. Petesburg
Brknda Menendez
Toampa
E. D. "Sonny" Verar
Executive Director
Edward B. Helventon
General Counsel


























Excellence
Through
Quality
Service


Southwest Florida

Water Management District
2379 Broad Street Brooksvllle, Florida 34609-6899 1-800-423-1476 (Florida Only)
or (352) 796-7211 SUNCOM 628-4150 T.D.D. Number Only (Florida Only): 1-800-231-6103
Internet address: http://www,dep.state.flus/swfwmd
7601 Highway 301 Noth 170 Centuy Boulevard I Corporation Way 2303 Hghway 44 West
fmpo, Floda 3637-6759 Batow, FIlao 33830-7700 Venice. Ford 34292-3524 Invemwss. Roda 34453-380
1-800"36-0797 or (813) 9857481 180.492-7862 or (41) 534.1448 1-80032-3503 or (941)486-1212 (352) 637-130
SUNCOM 578-2070 SUNCM 57-6m2 Qn1 ,,n,,u,


October 23, 1997




Janice M. McLean, Esquire
15110 Barby Avenue
Tampa, Florida 33625

Subject: Keystone Civic Association, Inc.
Section 403.412, F.S., Action

Dear Ms. McLean:

This letter will respond to the -n,
Inc., which was served on the District on October 6, 1997. The complaint,
brought pursuant to the Environmental Protection Act, Sec. 403.412 et
seq., F.S., W that the 10e1111
plusjrWMII--lin; against the West Coast Regional Water Supply
Authority (the "Authority) and the City of St. Petersburg
L -. -. (WUP 200003.01issued
3/7/84) fe.inii- p..... (WUP 200004.01issued 3/7/84) Wellfields.

As you know, in July, 1996, the District proposed denial of the Section 21
and Cosme-Odessa Wellfield permit renewal applications, and an
administrative hearing ensued which resulted in the issuance of a
Recommended Order by Administrative Law Judge Quattlebaum dated
May 29, 1997.
S. A Final Order is
expected to be entered by the District's Governing Board by
November 30, 1997. What action the Board will take remains to be seen.
Thus, the administrative process on these two renewal applications is
incomplete.

M '..a: -.. -,


including a notice of violation, which is neither provided for nor required by
District rule as a condition precedent to enforcement action, S


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0813 987 6726 TPA COMM AFFAIRS


Janice M. McLean, Esquire
October 23, 1997
Page 2



We strongly urge your client to await the results of the Final Order before proceeding
further with this matter. The District values the relationship it has developed with the
Keystone Civic Association, Inc., and hopes to maintain and strengthen that
relationship in the future so that we may work together toward a permanent and
mutually acceptable resolution of the water resource problems in the Northern Tampa
Bay area.

Sincerely,



E. D. "So Vergara
Executive Director

Enclosures

cc: Governing Board Members
Jerry L. Maxwell, General Manager
Edward P. de la Parte, Esquire
Kim Streeter, Esquire, Assistant City Attorney
Edward B. Helvenston, Interim Assistant Executive Director
Richard Tschantz, Interim General Counsel
James A. Robinson, Senior Attorney
John W. Heuer, Director, Tampa Service Office


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