Peace River Basin Resource Management Plan - Action Items Status Report for the Peace River Basin Management Advisory Committee Meeting

Transcription

1 Peace River Basin Resource Management Plan - Action Items Status Report for the Peace River Basin Management Advisory Committee Meeting December 2010, Mid-Meeting Update (October 15, 2010) In its Peace River Basin Resource Management Plan, published in March, 2007, the Florida Department of Environmental Protection (DEP) proposed certain action items to address cumulative impacts in the Peace River Basin. The DEP Secretary recommended the formation of the Peace River Basin Management Advisory Committee (Committee) to review the Management Plan and assist the DEP and its partner agencies in completing these actions to reduce or reverse cumulative impacts in the Basin. At the first meeting of the Committee on February 20, 2008, members requested that the status of each action item be updated for each subsequent meeting so that progress in completing the actions could be monitored. The most recent update of the action items is shown below. (Underlined items indicate significant revisions since the previous update in June 2010). Ongoing Actions 1. Evaluate reclaimed and released mining parcels to better determine their wetland function. (Primary Agency: DEP) o DEP has completed (a) Field Wetland Evaluation of the form and function of reclaimed and released wetlands on 19 phosphate mines in the Peace River Basin; (b) Wetland Literature, Statute, and Rule Review relating to phosphate mine wetland reclamation since 1971 to better understand the evolution of wetland mitigation construction in the Basin; and, (c) Wetland Acreage Comparison of the data presented in the Peace River Cumulative Impact Study to detect and understand errors in mitigation/reclamation acreages reported in the Study. Draft report under review with final report expected early Committee Involvement Monitor agency actions; this is primarily a specialized technical task being conducted by the DEP. 2. Monitor progress of the Shell Creek and Prairie Creek Watersheds Management Plan to ensure the goals and objectives are achieved by (Primary Agency: SWFWMD) o Stakeholders Group submitted second biannual Performance Monitoring report for August 2006 through August 2008 to DEP and EPA in January Both agencies have approved this report and agree that progress is being achieved under the Shell Creek and Prairie Creek Watersheds Management Plan toward addressing TMDL verified impaired water segments in these watersheds. Therefore the Class I waters in Shell and Prairie Creeks will remain on the recently adopted Group 3 TMDL list under a 4b category (e.g., reasonable assurance exists to address impairment). o Reduction goals achieved under the Shell Creek and Prairie Creek Watersheds Management Plan thus far are of particular significance since the SPJC region was impacted during this performance monitoring period by severe drought conditions with a deficit of approximately 13 inches when compared to historical averages. Committee Involvement Monitor agency actions; SWFWMD is currently monitoring and reporting findings bi-annually to the DEP. 1 of 10

2 3. Promote and expand Florida Department of Agriculture and Consumer Services (DACS) Mobile Irrigation Laboratory (MIL) Program. (Primary Agency: DACS) o Program provides no-cost assistance to landowners to improve irrigation efficiencies through 10 agricultural and 6 urban MILs which provide service throughout the State (two of which operate exclusively within SWFWMD s jurisdiction) and educate property owners on improved water conservation and use. o No major changes since June 2010 reduced State agency budgets have impacted DACS s ability to deliver services such as the MIL and PrOMIL. Committee Involvement Committee to identify means to provide continued program funding and opportunities to expand the program into the agricultural community. 4. Support the Florida Department of Agriculture and Consumer Services efforts to reduce agricultural water use by 40 mgd by 2025 through the Facilitating Agricultural Resource Management Systems (FARMS) program. (Primary Agencies: DACS and SWFWMD) o Program provides cost-share funding assistance to implement production-scale agricultural Best Management Practices (BMPs) that will provide resource benefits including: water quality improvement, reduction of upper Floridan aquifer withdrawals and/or conservation, restoration or augmentation of the area s water resources and ecology. The program has been operating under Rule 40D-26 since January o Within the Peace River Basin there are 52 Board-approved FARMS projects with a projected groundwater offset of 9.1 mgd. o There are 35 FARMS projects approved in the Shell, Prairie, and Joshua Creek watersheds with a projected offset of 6.5 mgd. o No major changes since June 2010 due to State budget constraints, FARMS has received no DACS funding since Likewise, no funding from the State Appropriations was received in FY2010. No funding for FARMS projects is anticipated from either of these sources in the foreseeable future. Funding for FARMS projects is now provided solely by the District (Governing and Basin Boards) with the potential of reduced District funding in the future. Committee Involvement Monitor agency actions; the DACS and SWFWMD are involved in identifying means to provide continued program funding from legislative for FARMS and looking into local land use issues that would support program. Short-Term Actions Complete within 6 months to 1 year (by March 31, 2008) 5. Adopt Total Maximum Daily Load determinations in the Peace River Basin: Banana Lake, Banana Lake Canal, Lake Bonny, Lake Hancock, Lake Lena, Lake Parker, Peace Creek Drainage Canal, Peace River above Bowlegs Creek, Saddle Creek below Lake Hancock, Wahneta Farms Drain Canal, and Winter Haven Chain of Lakes (Southern). (Primary Agency: DEP) o DEP anticipates postponement of meetings with stakeholders until early 2011 regarding BMAP development in Peace Creek Drainage Canal, Wahneta Farms Drain Canal, and Peace River above Bowlegs Creek. Such efforts will coincide with BMAP development in the Southern Chain of Lakes (see below). In the interim, DEP will continue to gather information of current and proposed watershed activities in these three watersheds. 2 of 10

3 o BMAP plans for Southern Chain of Lakes will resume in late 2010/early 2011 following completion of the Phase II study (funded by City of Winter Haven and SWFWMD). An interim report for the Chain of Lakes was submitted for review, but the final report is not expected until late This study includes a comprehensive watershed plan for the City of Winter Haven and this information is critical for the development of the BMAP. In addition to this study, the City of Winter Haven has been working on a Water Resource Sustainability Plan for the Peace Creek Watershed ; further details of both are available at Stakeholders will be reconvened to continue with BMAP development following completion of the study. o TMDL reports for Banana Lake and Banana Lake Canal (Nutrients), Lake Bonny (Nutrients), Lake Hancock and Lower Saddle Creek (DO and Nutrients), Lake Lena (Nutrients), and Lake Parker (Nutrients) remain in draft form; DEP s Watershed Evaluation and TMDL team are evaluating input data and alternative methods for establishing the TMDLs before initiating rulemaking for these TMDLs. Committee Involvement Monitor agency actions; this is a regulatory requirement following adopted technical and administrative procedures. 6. Determine whether a formal Peace River Coordinating Committee should be established to facilitate intergovernmental and stakeholder interactions. (Primary Agencies: Multiple agencies and stakeholders) o Peace River Basin Management Advisory Committee (Committee) was created by DEP Secretary Michael Sole and first meeting held Feb 20, 2008; follow-up meetings are to be held on a quarterly basis. o It was proposed at the June 4, 2010 meeting that future Committee meetings be held twice per year. Committee Involvement Action item completed; Committee meeting quarterly. 7. Expedite, in conjunction with the Southwest Florida Water Management District, the development and implementation of the Final Evaluation of Stream Flow Losses through Karst Features in the Upper Peace River, in conjunction with the U.S. Geologic Survey (USGS). (Primary Agency: SWFWMD) o A draft report was submitted to the District on September 30, 2008; District staff has reviewed the draft report and provided comments to the USGS, with a final report by the USGS delivered to its website on September 30, The District received 30 bound copies of the final report on December 1, o Measured river flow losses during dry season have consistently ranged between 4 and 50 cfs during the six-year project duration. The median flow loss is 17 cfs. o USGS, SWFWMD, and DEP continue to coordinate on this project; photo documentation and continuous water level records detail the status of sinkholes within the river and the floodplain. Committee Involvement Monitor agency actions; final results of this technical project, being conducted by the USGS for SWFWMD, will be shared with the Committee. 8. Develop incentives to increase the use of agricultural Best Management Practices in conjunction with Florida Department of Agriculture and Consumer Services. (Primary Agencies: DACS and SWFWMD) o The development of incentives is complete. The existing programs are: FARMS, Well Back-Plugging, UF-IFAS BMP Implementation Team Assistance, Mini-FARMS 3 of 10

4 Implementation Cost Share, Agricultural Mobile Irrigation Lab Services, and Agricultural Ground and Surface Water Management Services (AGSWM). o Due to State budget constraints, funding for the incentive programs is an on-going issue. o DACS has adopted 10 BMPs, completed 2 draft BMP manuals (Equine and Specialty Fruit and Nut Crops) that have been sent to DEP for review, and is in the process of developing a consolidated Citrus BMP manual and a statewide Nursery BMP manual. o Reduced State agency budgets have impacted DACS s ability to deliver widespread BMP implementation programs and associated cost-share using local Soil and Water Conservation District contractors. o New BMP manuals will be developed as areas of concern become known. The program will continue to evolve to help agricultural producers meet State water quality requirements. Committee Involvement Monitor agency actions; the DACS and SWFWMD are involved in identifying means to promote program goals to agricultural community. Mid-Term Actions Complete within 2 years (by March 31, 2009) 9. To provide an incentive to direct development away from the 100-year floodplain, review Florida s Uniform Mitigation Assessment Methodology (wetlands) to determine whether preservation of the floodplain would serve as appropriate mitigation offset for development activities. (Primary Agency: DEP) o Upon review of UMAM, the DEP concluded that mitigation within the 100-year floodplain can be implemented without fundamental change to UMAM procedures. DEP currently applies procedure to ERP permits for phosphate mining activities. o Discussions between DEP and SWFWMD on the potential use of this tool in other permitting within the Basin are only in initial stages. This tool seems most appropriate only to very large scale development activities. o DEP staff is also working with the DCA for use of Management Plan recommendations regarding floodplain preservation in a large-scale sector plan development within the phosphate mine district. Committee Involvement Monitor agency actions; the DEP will work with the Committee on this action item and the Committee will have the option to comment on use within DEP and SWFWMD constructs. 10. Complete minimum flows and levels for the lower Peace River estuary system and Lake Hancock, scheduled for adoption in (Primary Agency: SWFWMD) o The rule establishing the MFL for the lower Peace River was approved by the Governing Board at its May 25, 2010 board meeting and is now in effect. Adoption of the Shell Creek MFL is being delayed pending development of a recovery strategy for this waterbody. o The Lake Hancock Minimum Level has been rescheduled to 2011 pending completion of acquisition of lands associated with upper Peace River recovery strategy. Committee Involvement Monitor agency actions; this is a regulatory requirement following adopted technical and administrative procedures. 4 of 10

5 11. Provide the Southwest Florida Water Management District with data needed to complete the Peace River Integrated Model and assure it accounts for phosphate mining lands. (Primary Agencies: SWFWMD and DEP) o DEP staff has provided all pertinent information to SWFWMD staff. o Model is complete and accounts for phosphate mining lands. Committee Involvement Monitor agency actions; this is a technical task being overseen by SWFWMD. 12. Take appropriate corrective measures in all sub-basins where specific conductance (a measure of dissolved solids) in surface waters has been increasing. (Primary Agency: SWFWMD) o SWFWMD continues to implement an extensive data collection network and funds well back-plugging and FARMS projects to reduce specific conductance in surface waters. o Specific conductance concentrations are measured twice a year (wet and dry season) at 97 surface water stations within the Peace Basin to track changes or declines in surface water quality related to runoff of mineralized groundwater. During 2009, 12 of the 97 stations (12.3%) exceeded the 1275 μs/cm DEP surface water quality criteria for specific conductance during the dry season event. The Joshua and Shell Creek sub-basins had the greatest number of stations exceeding the criteria. Joshua Creek sub-basin had four sites exceeding criteria with values ranging from 1347 to 1594 μs/cm, and the Shell Creek sub-basin had five sites above criteria with values ranging from 1297 to 1798 μs/cm. Exceedances within these two sub-basins are being addressed by management actions detailed in the Shell Creek and Prairie Creek Watersheds Reasonable Assurance Management Plan (SWFWMD, 2004). o The District continues to investigate elevated sulfate issues in the surface waters of Horse Creek. To date, irrigation wells on 5 agricultural properties adjacent to Horse Creek tributaries as well as surface water from the tributaries upstream and downstream of those properties have been sampled for sulfates. The highest ground and surface water sulfate concentrations have been measured in the area immediately north of State Road 70 and further north into Hardee County. Further landowner contacts will be made in the area of the Buzzard Roost and Brandy Branch tributaries during FY 2011 to collect additional data and implement management actions. Committee Involvement Monitor agency actions; this is primarily a regulatory issue being addressed by SWFWMD. 13. Adopt Total Maximum Daily Load determinations for Winter Haven Chain of Lakes (Northern). (Primary Agency: DEP) o As outlined in the Winter Haven Chain of Lakes (Southern) TMDL report, anticipate using information from a project (Phase II Study) funded by the City of Winter Haven and the SWFWMD to better understand the relationship between pollutant loads and lake water quality to use for developing TMDLs for Winter Haven Chain of Lakes (Northern) that are verified impaired for nutrients. o The Phase III Study final report is expected to be completed in late 2010/early Committee Involvement Monitor agency actions; this is a regulatory requirement following adopted technical and administrative procedures. 5 of 10

6 14. Conduct a study of mechanisms to remediate stream losses to in-channel Karst features. (Primary Agency: SWFWMD) o The SWFWMD and the Consultant completed their agreement in early April 2009 and Consultant was given notice to proceed. o The project remains suspended as high water levels have prevented the consultant s subcontractors from collecting the remainder of the planned geophysical data. It remains to be seen if water levels will recede sufficiently this spring (2010) to permit the collection of the data. o A feasibility report is expected during the spring of Committee Involvement Committee to consider alternatives to address stream losses through karst features. 15. Develop a proposal to ensure adequate funding of the Nonmandatory Reclamation Program to support reclamation targeted at specific water resource benefits. (Primary Agency: DEP) o The DEP will continue to work toward adequate funding, although the current State budget climate is not conducive to moving forward at this time. o Moved to Mid-Term from Short-Term schedule per DEP presentation at Feb 2008 Committee meeting. Committee Involvement Committee has the option to work with the agency to provide and/or solicit support on this issue in the future. 16. Develop a long-term needs analysis for funding from the Nonmandatory Lands Reclamation Trust Fund for the management of conservation lands in the Integrated Habitat Network, and submit legislative budget requests consistent with established fund needs. (Primary Agency: DEP) o DEP published a long-term needs assessment, Reclamation~Mitigation~Management Methodologies and Topics for Mined Lands, Vol. II, which describes completed, current, and future projects within the Integrated Habitat Network. o Moved to Mid-Term from Short-Term schedule per DEP presentation at Feb 2008 Committee meeting. Committee Involvement Monitor agency actions; this is a DEP priority being addressed internally by staff. 17. Revise and update the Integrated Habitat Network and coordinate with Southwest Florida Water Management District to accelerate floodplain mapping modernization. (Primary Agencies: DEP and SWFWMD) o DEP staff is continuing work on the IHN update and will be coordinating with SWFWMD staff. o SWFWMD has taken responsibility for the floodplain mapping modernization of Polk, Hardee, and DeSoto Counties. o Moved to Mid-Term from Long-Term schedule per DEP handout at May 2008 Committee meeting. Committee Involvement Monitor agency actions; results of these primarily technical projects being conducted by the DEP and SWFWMD will be presented to the Committee and comments will be solicited for the report. 6 of 10

7 Long-Term Actions Complete within 4 years (by March 31, 2011) 18. Work with the Southwest Florida Water Management District and area local governments to improve the use of zoning, land use and comprehensive planning tools to protect water resources in the basin; provide technical assistance to evaluate, plan and initiate financing for environmental infrastructure necessary to assure sustainable water supplies and improved water quality. (Primary Agencies: DEP and SWFWMD) o Through on-going dialogues with the Committee, it is anticipated that local government and regulatory agencies can develop greater synergies between comprehensive plans and permitting activities to facilitate sustainability within the Basin. A Local Governments Working Group was formed and met on July 30, 2008 and August 29, 2008; several members gave presentations at the September 17, 2008 meeting of Committee. o The Polk County Long Range Planning Division has begun a land use study for the area designated as Phosphate Mining on the County s Future Land Use Map. The proposed study area encompasses over 187,000 acres and is generally defined as the south-west portion of Polk County. The purpose of the Bone Valley Selected Area Study (previously shown as the Phosphate Mining Selected Area Study ) is to: develop a vision; establish a framework for quality growth; create a Future Land Use plan for the areas that previously supported the phosphate mining industry; and, recognize and protect existing resources. DEP is a member of the Focus Group. The Guiding Principles were given to the Planning Committee and Board of County Commissioners on August 15, 2010 but the draft conditions have not yet been completed; the public meeting will likely be held in early Committee Involvement Committee to explore options to better coordinate local government land use decisions with regional water supply plan for the Basin. 19. Complete middle and high minimum flows for the upper Peace River, scheduled for adoption by (Primary Agency: SWFWMD) o This project is on schedule - no major changes since June Committee Involvement Monitor agency actions; this is a regulatory requirement following adopted technical and administrative procedures. 20. Evaluate existing regulatory programs in conjunction with the Southwest Florida Water Management District to determine the need for program enhancements or development of special basin rules to protect water resources. (Primary Agencies: DEP and SWFWMD) o Initiative has only received preliminary work to date - no major changes since June Committee Involvement Monitor agency actions; the DEP will work with the Committee on this action item, with the Committee to have the option to comment on the process and make recommendations within regulatory constructs. 21. Expedite, in conjunction with the Southwest Florida Water Management District, development and implementation of the following. (Primary Agency: SWFWMD) o Lake Hancock Lake Level Modification and Ecosystem Restoration Project Conceptual permit for Lake Hancock was issued in SWFWMD is assessing other sites and options to meet MFLs. 7 of 10

8 Land acquisition continues for securing the remaining 3 miles of Lake Hancock shoreline needed for implementation of this project. SWFWMD staff is currently working on DOT permits for Highway 540 and the Polk Parkway, and has contracted with a consulting firm to implement the design, permitting, and development of construction documents for the P-11 Structure. A construction permit was issued on March 2, 2010 for the P-11 structure. SWFWMD staff is developing mitigation concepts along the north side of Hwy 540, Polk Parkway, City of Lakeland, Burial Park, Lake Lena Run, Coscia Property, Riverlake Subdivision, and the Old Florida Plantation in the project area. No major changes since June o Lake Hancock Water Quality Treatment Project Ninety Percent Design of wetland treatment system is complete. Consultant is moving forward with final design. ERP permit application will be submitted to DEP in October It is anticipated that a bid for construction of the project will be advertised in December Construction is expected to commence in 2011 and be complete in District is responsible for long-term operation and maintenance. o Peace Creek Restoration Program Construction of immediate maintenance activities completed. The Watershed Management Plan (WMP) will be completed in o Upper Peace River Resource Development Project Watershed Evaluation for Upper Peace River between Bartow and Homeland is complete. Watershed Management Plan for Upper Peace River between Bartow and Homeland is currently under development, with completion scheduled for December The draft surface water model was received in July 2010 and is being review by District staff. In early 2011, the model and associated Watershed Management Plan deliverables will be presented to a Peer Review consultant and the public for review and comment. The final model results will be presented to the District s Governing Board in late 2011 to obtain authorization to use the information in the District s regulatory program and the development of FEMA DFIRMs. Delineation of the 100-year floodplain using the District s Upper Peace River Resource Development model is being funded by FEMA. Watershed Evaluation for Upper Peace River between Homeland and Zolfo Springs (including hydrologic and hydraulic data collection and the development of preliminary junction-reach coverage) continues. The area has been divided into 4 sub-watersheds: Bowlegs Creek, Highway 644A, Payne Creek, and Zolfo Springs. Digital terrain models (DTMs) have been developed. Sub-basins, system connectivity, and land use have been delineated for the first 3 subwatersheds for both the existing and future reclaimed condition. Work on the fourth sub-watershed is scheduled to be completed in Additional Watershed Evaluation tasks may be performed in the future for sub-watershed 8 of 10

9 areas in Polk County as part of the Polk County Watershed Management Plan (L672) project. SWFWMD discontinued its investigation regarding the potential of developing a reservoir on Clear Springs property to further augment low flows in the Peace River due to a high cost-to-benefit ratio. Committee Involvement Monitor agency actions; these are SWFWMD infrastructure projects that have gone through public input, are funded, and are on schedule. 22. Complete the Upper Peace River/Saddle Creek Restoration Project. (Primary Agency: DEP) o Amend Tenoroc Fish Management Area (TFMA) project area lease to include DEP-DWRM as co-manager with the Florida Fish and Wildlife Conservation Commission (FWC) Completed via Amendment 4 to Lease No on July 25, o Acquire clay settling areas on adjacent privately-owned property to complete drainage enhancement to Upper Saddle Creek in cooperation with the Southwest Florida Water Management District, Polk County, and Florida Fish and Wildlife Conservation Commission Donation of CSA north of TFMA to the State by the property owner was completed May 14, This donation will create long-term drainage enhancements to the TFMA and subsequently the Peace River through mitigation needs/agreements associated with the new USF campus and road. o Provide partial funding in cooperation with the Florida Fish and Wildlife Conservation Commission for complete upland and wetland restoration, drainage, enhancement, and management of entire project area through the sale of on-site resources Phase I and Phase II at the TFMA have been completed and are in establishment; wetland monitoring continues annually to ensure wetlands are achieving success. Work began in the Phase III-A project in February 2010 and was approximately 65% completed by the end of September Phases III-B and III-C plans are complete and the project is ready to go out for bid; reclamation activities are anticipated to begin in late 2010/early o Request funding from the Southwest Florida Water Management District since water being managed in the Upper Peace River/Saddle Creek Restoration Project will be used in support of the Peace River Minimum Flows and Levels recovery strategies Have not yet requested funds from SWFWMD. Committee Involvement Monitor agency actions; these are DEP projects that are in the early stages of feasibility and conceptual design. 23. Develop an acquisition plan and funding strategy for the Peace River Basin through collaboration of local, state, and regional conservation land acquisition entities to assure a coordinated and equitable approach. (Primary Agencies: DEP and SWFWMD) o Meetings between DEP and Division of State Lands staff were initiated to create a Florida Forever plan for the Peace River Basin but current State budget difficulties 9 of 10

10 indicate little or no progress on this action at the State level will be possible in the immediate future. o Moved to Long-Term from Short-Term schedule per DEP presentation at Feb 2008 Committee meeting. Committee Involvement Committee to discuss existing acquisition plans and funding sources and recommend strategy of land acquisition to benefit the goals of the Management Plan 24. Evaluate the benefits of combining the Environmental Resource Permit and Conceptual Reclamation Plan approval into a single mining authorization as a means of improving resource protection and process streamlining. (Primary Agency: DEP) o DEP has completed initial planning for combining the ERP and CRP programs in preparation for consideration during the next legislative session. o Moved to Mid-Term from Short-Term schedule per DEP handout at May 2008 Committee meeting, then to Long-Term schedule per DEP discussion following January 2009 Committee meeting. Committee Involvement Monitor agency actions; following the preparation of the draft rules, the DEP will offer a presentation to the Committee to solicit comments. 10 of 10