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STATE OF FLORIDA SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT FLORIDA AUDUBON SOCIETY Petitioner
COME NOW the Parties, Florida Audubon Society, Petitioner, and Respondents, Southwest Florida Water Management District and Florida Department of Transportation, and enter into this settlement stipulation providing that: 1. The Parties agree that all permit applications for Suncoast Parkway Project I (Sections 1A, 1B, 2A, 2B, 3, 4, 5, 6 and the Mitigation Plan) may be approved by the Southwest Florida Water Management District under the terms and conditions of the agreement set forth herein. 2. Audubon agrees that it will voluntarily dismiss the instant proceeding and that the consolidated cases referenced herein will be remanded to the Southwest Florida Water Management District for the District to take final agency action in this cause, consistent with the terms of the agreement set forth herein. The terms and conditions of this stipulation shall be incorporated by reference in any permits issued by the District concerning Suncoast I. Audubon further agrees that, provided that the terms of this stipulation are complied with by the Department and District, and permits are issued and maintained in accordance with this Stipulation, it will not exercise its Chapter 120, Florida States, rights, or any appellate or other legal rights, to challenge, intervene
in, or otherwise participate in any action challenging Suncoast I. Audubon also agrees not to participate with or provide funding on behalf of any person or entity which is challenging or may challenge Suncoast I. It is expressly understood and agreed that should the Department decide to pursue Suncoast II in the future, Audubon is free to exercise all available forums for objection, petitions for formal proceedings, or appeals in opposition to such a future project. TERMS OF AGREEMENT. As used herein, the term "Department" shall mean the Florida Department of Transportation. The term "District" shall mean the Southwest Florida Water Management District. The term "Audubon" shall mean the Florida Audubon Society, Inc. a Florida non-profit corporation which is the Petitioner in this proceeding. The term "Best Efforts" means the good faith, reasonable exercise of legal authority to attempt to achieve the objective sought, but does not authorize or require the District to consider or apply any permitting criteria for the North Pasco and Starkey Wellfields other than those provided by applicable law and rule. For the purposes of this Stipulation, the term "Mitigation Property" shall include the property more particularly described in Exhibit 3 and attached hereto. (A) Mitigation (1) Wetland Enhancement. The Department shall incorporate within its Memorandum of Agreement providing for transfer of the Mitigation Property (Exhibit 1, Serenova and Anclote River Tracts) to the Southwest Florida Management District, a provision for funding an evaluation of the Mitigation Property to determine opportunities for additional wetland restoration or enhancement, such as re-establishment of appropriate hydroperiods and restoration of historical wetlands. The Department shall include within the Memorandum of Agreement a commitment for funding the completion of portions of the wetland enhancement activities identified by the evaluation. Total funding provided by the Department to the District for the evaluation of
opportunities for additional wetland enhancement, and construction the additional enhancement shall be $50,000. The District shall discuss the wetland enhancement with Audubon and give Audubon the opportunity to comment on said plan. (2) Conservation Easement. The Department shall record a Conservation Easement in substantially the same form as Exhibit 2, over the Mitigation Property precluding the use of the lands comprising said tracts for public water supply wellfields, and preserving the area in its natural condition, except as otherwise provided in Section 8 of this Stipulation. The easement shall be enforceable by a government agency other than the Department or the District. (3) Reduction of Wellfields Impacts. Two active potable water supply wells, owned by Pasco County, have been drilled within the North Pasco Wellfield ("NPW"), which is located on the portion of the mitigation property known as the "Serenova Tract" (see Exhibit 1). These wells are producing water under a water use permit issued by the District. An additional potable water supply well also has been drilled by Pasco County on the "Serenova Tract," but has not yet been placed into production. There is a fourth wells site identified in the existing water use permit for the North Pasco Wellfield upon which no well has yet been constructed. District records indicate that all of Pasco County's active, inactive and proposed wells within the NPW are permitted at 8.52 mgd (annual average) combined, but that actual pumpage from the two active wells is approximately 2.7 mgd, combined. The Department and District agree to use their best efforts to obtain the consent and agreement of Pasco County, the West Coast Regional Water Supply Authority (WCRWSA) and the City of Newport Ritchie (CNPR) to: (a) Limit pumping from the existing 2 production wells within the Mitigation Property to current production, without limiting the total permitted capacity of the North Pasco Wellfield.
(b) Extinguish any additional potable water production from other sites on the "Serenova Tract" (including, without limitation, the existing inactive well, in any additional wellfield sites. (c) In order to secure the agreement of Pasco County, WCRWSA and CNPR to the above, the Department will make an offer, including but not necessarily limited to, a transfer of the parcel of land identified in Exhibit 1 as Parcel A to Pasco County, in exchange for equal acreage from the parcel identified as Parcel B, for the purpose of reconstructing the drilled but none-producing well NP-5 now located on the Serenova Tract onto Parcel A. The Department also will offer to reimburse the appropriate party the actual cost of constructing such well (minimum $100,000), provided that Department determines this to be in the best interests of the Suncoast I project, and provide the costs are necessary, reasonable, customary, insufficiently documented. (d) In order to secure the agreement of Pasco County, WCRWSA and CNPR to the above, the Department agrees to make an offer to Pasco County, and/or WCRWSA and/or CNPR, as appropriate, to include but not be limited to, 1 or 2 well sites, each not to exceed one (1) acre in size, on a parcel north of the "Serenova Tract" (Exhibit 1, FDOT Out Parcel) that is owned by the Department but that is not part of the Mitigation Property. (4) With the exception of the renewal of existing permits for the North Pasco Wellfield well sites located within the "Serenova Tract", or any reduced number of well sites authorized under future agreements, and subject to Section 8 herein, the District will not permit any additional water supply wells to be drilled on the Mitigation Property owned by the District and shall prohibit saying through the terms and conditions of the Conservation Easement required under paragraph A (2) above. (5) In the event that applications for permits for consumptive use of water, or construction of public water supply wellfields upon lands received by the
District, the District will, to the fullest extent allowable by law, perform an evaluation of such permits that takes into account the mitigation purposes to be served in perpetuity by the Mitigation Property; provided that this Stipulation does not impose additional permitting criteria on lands adjacent to the Mitigation Property other than those imposed by applicable law and rule. (6) In the event that the Department and/or are unsuccessful in obtaining the consent of Pasco County, WCRWSA and CNPR to achieve the objectives of (a) and (b) above, the Department will make available to the District the sum of $100,0 99 with nine 00, which will be added to the funds available to the District for wetland enhancement, as provided in Paragraph (A)(1) above. (B) Secondary and Cumulative Impacts. The Suncoast I project is a limited access toll facility extending from Veterans Expressway in Hillsborough County to U.S. 98 in northern Hernando County. The Suncoast II project, if constructed, would extend from the currently planned terminus of the "Suncoast I" project at U.S. 98 to a final connection point with U.S. 19 at a location north of the City of Crystal River, in Citrus County. In regard to these projects, the Department stipulates as follows: :(1) The Department agrees that current construction plans and available funding for turnpike construction will not permit the construction of Suncoast two for at least ten (10) years subsequent to this stipulation. While the Department does not plan to initiate construction of the Suncoast II prior to this date, it is understood that external events beyond the control of the Turnpike District, such as legislative directives, or directives from the governor would advance the timeframe for possible future construction. In the event that the Department makes the decision to pursue the construction of Suncoast II and intends to initiate any phase of the environmental permit process before 10 years to the date of this stipulation, it will first provide Audubon with 30 days written notice.
(2) The Department agrees that the regional environmental impacts from the construction of an extension of the Suncoast Parkway to intersect U.S. 19 north of Crystal River should be studied. For this reason, the Department agrees and stipulates to the following efforts to assess an address such impacts prior to any action by the Department to construct the Suncoast II project: (a) The Department has contracted with a consultant to undertake an "action plan study" for U.S. 19 from the Georgia line to the Citrus County line. A level 3 "action plan study" is being performed using as a guideline the scope of services set forth in Exhibit 4. The study will determine a long range action plan to protect the transportation capacity of U.S. 19 and will identify a time schedule for work program funding and implementation. The action plan study includes an "Environmental Element," in which the consultant is evaluating and summarizing environmental conditions and constraints related to the study. The study includes consideration of environmental concerns, such as wetlands and floodplain encroachment, noise, and potential contamination for the region of Florida's coastline known as the "Big Bend." The study also includes consideration of design alternatives to minimize environmental impacts. The study is being developed in accordance with government regulations and reports, including the Department's Environmental Guidelines, the National Environmental Policy Act of 1969 (NEPA), the Endangered Species Act, and executive orders concerning the protection of wetlands and floodplain management, as appropriate. In addition to environmental considerations, the study will include recommendations for service improvement measures. These measures may include purchasing access rights, driveway restrictions, roadway connection reduction, and median opening reduction. The Department in its consultant are providing the public, including Audubon, with access to the "action plan study" process, and are affording the public, including Audubon, the opportunity to review and comment
upon drafts of this study. The Department, or its consultant agree to provide Audubon with written notice of all public meetings concerning the study and all opportunities for comment or other input. Prior to finalizing the proposals to implement the " action plan," all comments received will be evaluated by the Department, and incorporated into plan where feasible. (b) In the event that the Department to proceed to the permitting of Suncoast II, the Department will use the " partnering approach" used in Suncoast Parkway Project I. This "partnering approach" would include, at minimum, the Southwest Florida Water Management District, the U.S. Army Corps of Engineers, the Florida Game and Fresh Water Fish Commission, the Florida Department of Environmental Protection, the Florida Department of Community Affairs, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and Audubon. Representatives of these entities would hold partnering meetings to discuss outstanding permit issues. (3) The Department will notify the Florida Department of Community Affairs ("DCA") in the event it elects to proceed with construction of Suncoast II so that DCA may determine and perform further study if necessary to address growth management concerns along the U.S. 19 corridor, if such a study has not already been done. 4. All Parties will bear their own costs, expenses, and attorney's fees associated with this proceeding. 5. If any term or provision, or any portion thereof, of this Stipulated Settlement is found to be illegal or unenforceable, then the remaining terms and conditions, or portions thereof, shall remain in full force and effect. 6. This document shall not be admissible for any purpose in any subsequent proceeding involving the water use permitting of the North Pasco Wellfield, nor does it authorize or require the
District to consider or apply any additional permitting criteria for the North Pasco and Starkey Wellfields other than as found in applicable law and rule. 7. This stipulated settlement is subject to the approval of the District Secretary of the Turnpike District of the Department and the District's Governing Board. If the District Secretary or Governing Board does not approve this stipulated settlement, this stipulated settlement shall be known void and of no legal effect, and the District shall immediately refer this matter back to DOAH for an administrative hearing. 8. Nothing in this Stipulation shall in any way limit or preclude the right of WCRWSA, Pasco County, or CNPR from applying for permits necessary to construct additional well sties on the Starkey Wellfield, or replacement sites for existing wells and well sties on the Serenova Tract of the Mitigation Property. The District shall review any such applications based on the permitting criteria under applicable law and rule. 9. Nothing in this Stipulation shall limit or affect Pasco County's rights in or to the existing reclaimed water transmission main located on the Mitigation Property, nor shall this Stipulation limit or affect, in any way, Pasco County's right to use the existing reclaimed water transmission main located on the Mitigation Property, or Pasco County's utilization of the reclaimed water within the existing reclaimed water transmission main located on the Mitigation Property. 10. Nothing in this Stipulation of Settlement shall limit, modify, or affect in any way, the operation and effect of that certain "Agreement Between The Southwest Florida Water Management District and Pasco County Relating to Ridge Road", which was executed by the Board of County commissioners of Pasco County, Florida on march 4, 1997 and by the Southwest Florida Water Management District on February 27, 1997; or the Memorandum of Agreement dated March 11, 1997, between the Florida Department of Transportation (Department) and Pasco County, Florida,
concerning the proposed extension of Ridge Road, which was executed by the District Secretary of the Turnpike District of the Department on March 11, 1997, and by the Board of County Commissioners of Pasco County, Florida, on March 4, 1997. 11. Nothing in this Stipulation of Settlement shall preclude or prohibit Pasco County, the CNPR, or WCRWSA from obtaining a transmission pipeline easement on the Mitigation Property which connects well no. NP-2, which is located off of the Mitigation Property on property owned by Pasco County, with the North Pasco Wellfield transmission main system, provided that the precise alignment of the pipeline easement shall be sited at the discretion of SWFWMD as the landowner of the mitigation property after consultation with the Grantee of the Conservation Easement. Siting of the pipeline easement shall give priority consideration to co-location with existing cleared easements on the mitigation property. SWFWMD's decision as landowner to grant such a pipeline easement may be made contingent upon a negotiated agreement with Pasco County, WCRWSA, and CNPR to provide mitigation or environmental restoration deemed necessary to offset any disturbance of natural resources. The provisions of this paragraph are intended to apply to SWFWMD's proprietary interest as owner of the mitigation property only, and are not intended to affect any independent regulatory requirements. 12. This document, with exhibits, replaces and supersedes the Stipulation of Settlement, with exhibits, executed on September 23, 1997, which has not been approved by the District's Governing Board.
Respectfully submitted this 19th day of November, 1997.
Charles Lee
Approved: James L. Ely, District Secretary
Raymond Ashe, Jr.
Margaret M. Lytle
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