Friends of Lake Jesup

Call to Order: Chairman Robert King called the meeting to order at 7:20 p.m.

Approval of Minutes of July 18 and August 21, 2003:

The minutes of July 18, 2003 and August 21, 2003 were approved without changes.

Mail and membership:

Chairman King discussed an email received from Regina Bereswill regarding attendance at the FLJ meetings. Chairman reported that Ms. Bereswill reported that she had a conflict with another board that meets the same night as the FLJ. He said she would have the City Council appoint another representative if that was the desire of the group. Chairman King said he would make the request to the City Council.

Chairman King reported he had further discussions with the Seminole County planning director with regard to a representative from the county and he hoped someone might attend to give reports on Navy Canal and Cameron Ranch updates.

He said the only other mail he received was from Hydromentia, whose website is up and running again.

Old Business

1. Update on progress of Restoration Plan / Hydraulic Model - Pete Milam, USACOE

   Mr. Milam reported that the USACOE the completion of the hydraulic model is waiting on the portion of the study that quantifies habitat improvement. He said that the study must demonstrate how restored circulation is going to improve fish and wildlife habitat as well as better water quality. He said they are using other similar projects as a resource for helping quantify the expected results within the USACOE zone of influence.

   Ed Hayes, FFWCC, said his agency could help with providing some of the information.

   Chairman King asked Mr. Milam to let him know when the USACOE will reach its next level of conclusions and a possible model presentation. Mr. Milam said he would provide the Friends with a schedule.

2. Update of SR 46 Bridge Project - Scott Bear / Chuck Vreeland, FDOT

   Scott Bear, CH2MHill said fieldwork is being done for the design phase and some of the preliminary design work is being done. He said that they still expect to get final approval on the PD&E from FHWA by end of September.

   Chairman King reported that he reviewed the FDOT web pages on the bridge project and reminded Mr. Milam that he needed a link for USACOE.

3. Update of Muck Removal Project - Ed Hayes, FWCC

   Ed Hayes gave an update on the status of the multiple concerns regarding the spoil disposal site raised last month at the multi-agency site visit. He said that he had done an investigation on each of the points raised and the following were his conclusions:

   1. Mr. Hayes said the WMD wants financial surety from the FFWCC that the project will be completed as proposed. He said this is a problem because FFWCC is a state agency and it cannot meet the financial security requirements. He said the FFWCC has committed a portion of its Florida Forever monies, $5 to $7 million a year after the agency's spending authority expires.
   2. He said the WMD was concerned the nutrients going back into the lake, from the oxidation of the spoil material, would make the property a point source of pollution in violation of the TMDLs set for the lake. He said they asked for numbers on the amounts of phosphorus leaching. He said he asked Barbara Bess, FDEP, about a way to work around the TMDL issue through a variance, etc. He said that is being "bounced up the chain of command" and may take awhile to get an answer on. He said has talked to some other soil scientists who can give him answer on the amount of phosphorous leaching, but it would there would be additional costs and time delays incurred. Mr. Hayes said the WMD also expressed concerns about phosphorous loading in the return water from the dredging operation, so the WMD has requested the FFWCC install an alum injection system, at a cost of $800,000 to $1.8 million, for the life of the project.

   Mr. Hayes said in a subsequent meeting with FDEP, the following concerns were raised:

   3. He said a significant issue was loss of storage in a flood event, and that the project would have to provide compensating storage for 1,200 acre-feet. He said he asked for credit for berms already removed. He said he might get credit for one berm that amounts to 65 acre-feet. He said mitigation has to be within the basin.
   4. He said the agency has to provide for Mitigation for wetlands disturbed, and the mitigation has to be wetlands for wetlands and past work on the lake doesn't count.
   5. Mr. Hayes said FDEP also wanted financial surety. He said there is no method to provide a surety bond, because it thwarts the will of the Legislature. Don Pardue, of Rep. Sandy Adams office, said Rep. Adams has committed to fighting to protect the funds for the dredging project.
   6. Mr. Hayes said the Seminole County Development Review Board raised some of the same issues when he met with them, but one he had not counted on was the issue of birds living and breeding in the restored marsh will be a threat to aircrafts taking off and landing at the Orlando Sanford International Airport and that FFWCC should probably coordinate with the airport authority and FAA.

   Chairman King asked about the status of the final draft of the restoration plan. Mr. Hayes said there are a few final amendments before it can be released.

   Chairman King asked for a clarification of the budget for the project. Mr. Hayes said the FFWCC has spent $800,000 on the study, $4 million is obligated to the contractor for building the facility and $13 million is earmarked for the actual dredging. Mr. Hayes said the agency would fund the restoration of the site, grading, planting, etc., assuming the agency can leave the material on the site, the cost of which will be $7 million.

   FDEP permitting requirements - Barbara Bess

   Chairman King asked Barbara Bess, FDEP, to investigate and come back with a report on her agency's perspective of the permitting issue. Ms. Bess reported that she concurred with everything Mr. Hayes reported; essentially that FDEP will not allow any fill within the 10-year floodplain with compensating storage and won't accept open water habit improvement as mitigation. Mr. Hayes said he thought the mitigation problem would be solved in the explanation of the agency's restoration plan.

   Ms. Bess said she had some personal suggestions:

   1. Talk to City of Sanford about using Site 10. The FLJ should bring the Site 10 situation to the attention of the District Director expressing their desire and belief that many of the current application problems for the spoil site might be resolved in using Site 10. She is not sure that the District Director is aware of all of the details surrounding Site 10.
   2. She said FFWCC might consider requesting a mixing zone for the phosphorous. Mr. Hayes said that is being considered.
   3. She suggested contacting Doug Fry in Environmental Permitting, in Tallahassee, about variances to the permitting rules. Mr. Hayes said the issue that he kept running into was in figuring cumulative impacts and precedents.
   4. She also suggested redefining what is "in-basin" and what is, not with regard TMDLs and the siting of compensating storage.

   SJRWMD site concerns - Regina Lovings

   Chairman King said he asked Ms. Lovings about the possibility of the WMD temporarily conveying the spoil site land to the FFWCC, thereby changing the liability for the point source pollution. Ms. Lovings said it had already been determined that FFWCC can't own property. Mr. Hayes confirmed that any conveyances would be rolled into the state land inventory and could not be given back to the WMD at the end of the project. She said the district's major concerns were on the issues of surety, nutrient management and flood storage.

   Legislative direction to project / Funding - Robert King

   Chairman King said he had done some research of his own on the permitting subject and had made an appointment to speak with Vivian Garfein, FDEP District Director, to discuss the groups concerns. He said he had researched the permitting of the Toll Road 417 causeway. He said the loss of storage for the toll road project appears to be about the same as the loss of storage for the spoil site and he has found that there was no compensating storage provided by the toll road project. He said that the precedent was set by this project, so the restoration project should get equal treatment. He said that there is a Special Projects permitting section of FDEP and he could ask Ms. Garfein to allow all restoration projection in the basin be permitted through this department.

4. Equation suggestion / In-basin status letter - SJRWMD response

   Steve Rich is absent again and Chairman King said he wanted to wait to discuss until Mr. Rich is present. Chairman King said he would contact Glenn Lowe and explain the delay in the response.

5. Issues for U.S. Coast Guard Action - List to FDOT

   Chairman King asked Chuck Vreeland, FDOT, when he meets with the US Coast Guard, to keep in mind that the group would like to see navigation under the bridge.

6. Surface water withdrawal location - input letter to SJRWMD

   Chairman King asked Mr. Hayes to ask his consultants to provide a map that shows the deepest pocket of muck in the lake for pump suction site. Chairman King explained that the group needs this information in anticipation of a possible Consumptive Use Permit application by the City of Winter Spring for surface water withdrawal. Mr. Hayes said he would take care of providing the information.

   Ms. Lovings said there was no CUP application before the WMD as yet, from the City of Winter Springs. Chairman King said he had seen a study that states the Winter Springs City Manager said the WMD had no problem with the idea of surface water withdrawal from Lake Jesup. He said he would get a copy of the study for Ms. Lovings.

   Chairman King asked Jim Bourg, citizen of Winter Springs, to give an update on the work session on boat dock ordinances held recently by the City of Winter Springs. Mr. Bourg reported that there was no opportunity for public input at the work session, and focus was more on boat dock construction and materials than on water quality and lakeshore protection. Chairman King said comment had been written and a copy had been included in the FLJ agenda package. He thanked Mr. Bourg for attending on behalf of the Friends.

Reports of other members

7. FLJ Presentation Board at Environmental Study Center - Shari King

   For the benefit of those who were not present at the August meeting, Ms. King explained the project, but did not have anything new to add at the time.

8. Website development (handled earlier in the evening)

9. Middle basin Coordination meeting report

   Chairman King asked for a clarification of when the meeting was to be held. Ms. Lovings said that the next meeting would be the first Thursday of October.

New Business: - None

Adjournment: The meeting was adjourned at 9:10 p.m.