The URL can be used to link to this page

Backup Documents 06/09/2009 Item #10F #10F (Resolution 2009-156) THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF April 19, 2010 EXECUTIVE SUMMARY {\ccl \_-1-eJY\ &\Q\D'1 (Y\ \ 0(: Recommendation to approve resolution of a dispute between the Collier County Water-Sewer District and the South Florida Water Management District concerning the Picayune Strand Reservation Rule and Water Use Permit Application 060908-9, where the Collier County Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, agrees to withdraw its Petition for Administrative Hearing Challenging the Picayune Strand Water Reservation Rule contingent on approval by the South Florida Water Management District Governing Board of the attached District Staff Report authorizing an increase in the County's permitted allocation under Water Use Permit 11-00249- W from the Lower Tamiami Aquifer from 6,868 Million Gallons per Year to 9,673 Million Gallons per Year and the attached letter confirming this increased allocation shall be considered an existing legal use of water as of June 11, 2009. OBJECTIVE: The public purpose is to obtain additional fresh raw water supplies to enable the Collier County Water-Sewer District (CCWSD) to fully utilize its fresh water production facilities. This will avoid substantial capital costs and reduce operating cost as this fresh raw water will not require any new infrastructure and is less expensive to process than brackish raw water. CONSIDERATIONS: Staff of the Collier County Public Utilities Division has been pursuing a South Florida Water Management District (SFWMD) Water Use Permit (WUP) for additional fresh raw water withdrawals since 2006 (WUP Application 060908-9). Staff has met several times with SFWMD staff, and responded to several Requests for Additional Information from this agency, but was unable to obtain the permi 1. In February 2008, the SFWMD proposed a Water Reservation Rule to reserve fresh raw groundwater within Collier County for the Picayune Strand Restoration Project (PSRP), essentially precluding the CCWSD from obtaining this permit, or any other future fresh raw groundwater permit. On November 18,2008, under Item 16 C 6 (see Executive Summary attached as Exhibit A), the Board of County Commissioners approved a communication of concern from the CCWSD by letter, under the signature of the Chair of the Board of County Commissioners, to the SFWMD relative to the creation of Florida Administrative Code Chapter 40E-lO "Picayune Strand Reservation" (see letter attached as Exhibit B). Staff convened legal and technical consultants on this matter and concluded that it was imperative for the CCWSD to act promptly and decisively to prevent the SFWMD from approving the PSRP Water Reservation Rule before our Water Use Permit Application 060908-9 was approved, as this would preclude approval of the water use permit in the future. Executive Summary PSRP/WUP Dispute Resolution Page 2 lOF After receiving approval from the County Manager, staff contracted with the legal firm de la Parte & Gilbert, P.A., recognized as the statewide premier water law expert, to initiate legal proceedings in the form of a challenge to the PSRP Water Reservation Rule, Under the threat of litigation the SFWMD and CCWSD jointly agreed to develop and implement a wellfield pump test and subsequent computer modeling to provide irrefutable evidence the additional fresh water withdrawals proposed by the CCWSD will do no environmental harm or reduce the water to be reserved for the PSRP. The pump test was conducted in April-May 2009 and the computer modeling was submitted by CCWSD's consultants to SFWMD on June 5, 2009. This information has provided reasonable assurances that the requested fresh raw groundwater allocation will not cause environmental harm and has enabled SFWMD staff to prepare a Staff Report recommending approval of Application 060908-9 (see staff report attached as Exhibit C) and a letter to be signed by the SFWMD Governing Board Chair confirming that the increased allocation shall be considered an existing legal use of water as of June 11,2009, which will be eligible for renewal under Section 3.11.1.A.3 of the SFWMD "Basis of Review for Water Use Permit Applications" (see SFWMD Governing Board Chair letter as Exhibit D). If the SFWMD Governing Board approves Application 060908-9 without substantial change to the terms and conditions of the attached staff report and authorizes the Governing Board Chair to execute and deliver the attached letter to CCWSD, SFWMD has requested that CCWSD withdraw its legal challenge of the PSRP Reservation Rule, as soon as possible after the Governing Board action. FISCAL IMP ACT: The additional fresh raw water allocation will realize yearly operating cost savings estimated at $620,000 and a onetime Impact Fee capital cost avoidance estimated in excess of $1 00 million, LEGAL CONSIDERATIONS: The resolution of this dispute described herein has been negotiated by the County's outside counsel, reviewed by the County Attorney, and is legally sufficient for Board action. This is a regular item requiring simple majority vote. -JAK GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDA TIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, authorize the CCWSD's legal counsel to withdraw the legal challenge to the PSRP Reservation Rule contingent on approval by the South Florida Water Management District Governing Board without substantial change of Application 060908-9 to modifY Water Use Permit 11-00249-W to increase the permitted allocation from the Lower Tamiami Aquifer from 6,868 Million Gallons per Year to 9,673 Million Gallons per Year, as set forth in the attached District Staff Report (see staff report attached as Exhibit C), and the execution and submission of Executive Summary PSRP/WUP Dispute Resolution Page 3 10 F ~w~_t 1 the attached letter by the Governing Board Chairman (see SFWMD Governing Board Chair letter as Exhibit D), Prepared by: Phil Gramatges, Interim Director, Public Utilities Planning and Project Management. Executive Summary PSRP/WUP Dispute Resolution Page 4 lOF + J EXHIBIT A EXECUTIVE SUMMARY Recommendation to approve the communication of concerns from the Collier County Water-Sewer District by letter, under the signature of the Chair of the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to the South Florida Water Management District relative to the proposed creation of Florida Administrative Code Chapter 40E-IO ("Picayune Strand Reservation"). OBJECTIVE: To approve the communication of concerns from the Collier County Water-Sewer District by letter, under the signature of the Chair of the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to the South Florida Water Management District (SFWMD) relative to the proposed creation of Florida Administrative Code Chapter 40E-IO ("Picayune Strand Reservation"). CONSIDERATION: SFWMD has initiated rulemaking to create Florida Administrative Code Chapter 40E-IO ("Picayune Strand Reservation"). This rulemaking is a legal mechanism for reserving, or setting aside, a specified amount of water within the Picayune Strand reservation area to protect those waters for the natural system and to prevent its consumptive use. SFWMD has determined that all freshwater within the Picayune Strand reservation area should be prevented from consumptive use. The Public Utilities Division, representing the Collier County Water-Sewer District, has been actively involved in the rulemaking process, attending several rulemaking workshops and providing comment relative to its concerns. The primary concerns relative to the proposed rule, in its current iteration, are: . Problems exist concerning the technical reports relied upon by SFWMD stafr" in drafting the proposed rule and determining that a full reservation of water within the Picayune Strand reservation area is appropriate. . SFWMD has failed to respond to concerns regarding the proposed rule that Collier County staff has expressed to the peer review panel. . Collier County has a water use permit application pending before SFWMD - since 2006 - that requests freshwater allocations that may have a potential to impact the Picayune Strand reservation area, which may be prohibited if the proposed rule takes effect prior to permit issuance. Staff has prepared a letter addressing the concerns of the Public Utilities Division, attached to this Executive Summary as Appendix A. The letter will be transmitted via hand-delivery to SFWMD's Governing Board upon approval and signature. Executive Summary PSRP/WUP Dispute Resolution Page 5 lOF FISCAL IMP ACT: While there is no immediate fiscal impact associated with this item, there is potential for negative fiscal impact to the Public Utilities Division if the rule is promulgated in its current iteration. GROWTH MANAGEMENT IMP ACT: There IS no growth management impact associated with this item. LEGAL CONSIDERATIONS: No legal issues are raised in this Executive Summary. - JAK RECOMMENDATION: To approve the communication of concerns from the Collier County Water-Sewer District by letter, under the signature of the Chair of the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water- Sewer District, to the South Florida Water Management District relative to the proposed creation of Florida Administrative Code Chapter 40E-IO ("Picayune Strand Reservation") . PREPARED BY: Paul E. Mattausch, Director, Collier County Water Department Executive Summary PSRP/WUP Dispute Resolution Page 6 lOF Exhibit B November 18, 2008 VIA TELEFACSIMILE (561) 242-5499 AND MAIL Scott Burns Director, Everglades Water Supply Policy South Florida Water Management District Post Office Box 24680 West Palm Beach, FL 33416-4680 Re: Proposed Picayune Strand Reservation Rule Dear Mr. Burns: Please accept this letter as the comments of the Collier County Water- Sewer District (CCWSD), with respect to the proposed creation of Florida Administrative Code Chapter 40E-10 ("Picayune Strand Reservation") by the South Florida Water Management District (SFWMD). While the CCWSD strongly supports SFWMD's efforts to conserve water resources, serious concerns still remain with the proposed rule which must be addressed. The primary concerns relative to the proposed rule, in its current iteration, are: 1. Problems exist concerning the technical reports relied upon by SFWMD staff in drafting the proposed rule and determining that a full reservation of water within the Picayune Strand reservation area is appropriate. 2. SFWMD has failed to respond to concerns regarding the proposed rule that Collier County staff has expressed to the peer review panel. 3. Collier County has a water use permit application pending before SFWMD - since 2006 - that requests freshwater allocations that may have a potential to impact the Picayune Strand reservation area, which may be prohibited if the proposed rule takes effect prior to permit issuance. The Collier County Water-Sewer District thanks the South Florida Water Management District for this opportunity to comment on the proposed creation of Florida Administrative Code Chapter 40E-10 ("Picayune Strand Reservation"). If you have any questions concerning the comments contained Executive Summary PSRP/WUP Dispute Resolution Page 7 herein, please contact Paul Mattausch, Director, Water Department, Collier County Water-Sewer District. We look forward to continuing to work with the South Florida Water Management District in protecting water resources in order to provide a sustainable South Florida. 10 F ~;~,~. Sincerely Yours; Tom Henning Chair, Collier County Board of County Commissioners Ex-Officio, the Board of the Collier County Water-Sewer District Attachment cc: Eric Buermann, Chair, SFWMD Governing Board Michael Collins, Member, SFWMD Governing Board Charles J. Dauray, Member, SFWMD Governing Board Shannon A. Estenoz, Member, SFWMD Governing Board Paul C. Huck, Jr., Member, SFWMD Governing Board Melissa L. Meeker, Member, SFWMD Governing Board Jerry Montgomery, Member, SFWMD Governing Board Patrick J. Rooney, Jr., Esq., Member, SFWMD Governing Board Carol Wehle, Executive Director, SFWMD Chip Merriam, Deputy Executive Director, SFWMD Thomas Olliff, Assistant Executive Director, SFWMD James V. Mudd, County Manager Leo Ochs, Deputy County Manager Jeffrey Klatzkow, County Attorney James W. DeLony, Administrator, Public Utilities Division Paul Mattausch, Director, Water Department Phil Gramatges, Interim Director, Public Utilities Engineering Department Edward de la Parte, Jr., Esq., de la Parte and Gilbert, P.A. Kristin Yerkes, Esq., de la Parte and Gilbert, P.A. Amy Duffey, Esq., de la Parte and Gilbert, P.A. lOF If ~ CONSUMPTIVE USE PERMIT STAFF REPORT COLLIER COUNTY PUBLIC UTILITIES APPLICATION # 060908-9 MODIFICATION OF PERMIT # II-00249W 6/8/09 PURPOSE The purpose of this application is to modify a Water Use Permit for public water supply for Collier County Public Utilities. The applicant is requesting an increase in allocation from the Golden Gate Wellfield from 6,868 million gallons per year (18.8 million gallons per day) to 9,673 million gallons per year (26.5 million gallons per day). The Golden Gate Wellfield derives water from the lower Tamiami aquifer. In addition to the lower Tamiami aquifer, the County withdraws water from the deeper, mid-Hawthorn and lower Hawthorn aquifers. This permit modification is for a change in the source limitation for the lower Tamiami aquifer. No changes in the annual allocation or maximum monthly allocation and no changes in facilities are requested. PROJECT DESCRIPTION Collier County Public Utilities (CCPU or the County) operates two water treatment facilities, the North County Regional Water Treatment Plant (NCRWTP) and South County Regional Water Treatment Plant (SCRWTP). These treatment plants are supplied with raw water from three wellfields. Fresh water from the Golden Gate Well Field (lower Tamiami aquifer) is treated by lime softening at the SCRWTP and membrane softening at the NCRWTP. The County also withdraws water from the brackish mid Hawthorn aquifer (also referred to as Hawthorn aquifer Zone 1) and the lower Hawthorn aquifer. Brackish water from the North and South Hawthorn well fields is treated by reverse osmosis (R.O.) at the NCRWTP and SCRWTP, respectively (see Exhibits 1 through 3). LOCA TION OF THE PROPERTY The Golden Gate Well Field is located in Collier County, south of Vanderbilt Beach Road, north ofInterstate 75 (Alligator Alley), east of the County Road 951 (Collier Boulevard), and west of Everglades Boulevard. The wellfield is located in Sections 3, 4, 9,10, 11, 15, and 16 of Township 49S, Ranges 27E, Section 34 of Township 48S, Range 27E and Section 35 of Township 48S, Range 26E. The North Hawthorn wellfield is located in Sections 35 and 36 of Township 48S, Range 26E, and Sections 31, 32, and 33 of Township 48S, Range 27E. The wellfield is located adjacent to Vanderbilt Beach Road, east of County Road 951 (Collier Boulevard). The existing South Hawthorn wellfield is located in Sections 25,26,35 and 36 of Township 49S, Range 26E. The wellfield is located north ofInterstate 75, south of the Golden Gate Canal, and east of Collier Boulevard. The expansion of the South Hawthorn wellfield is southward and the wells are constructed in Sections 2, 11, 14, and 23 of Township 50S, Page 1 of 22 lOF\ . i. j -~ 1 Range 26E. The wells run along the Florida Power and Light power line corridor that parallels CR 951. A location map, showing the location of the project sites in relation to major roads in Collier County is shown on Exhibit 3. RECENT PERMIT HISTORY Prior to February 2006, the County held two permits, Permit Numbers] ] -00249- Wand 11-0]447-W. Permit] ]-00249-W authorized withdrawals from the lower Tamiami aquifer (Golden Gate Well Field), and Permit] 1-0] 447 authorized withdrawals from the mid Hawthorn and lower Hawthorn aquifers, In February 2006, the two permits were combined (Unified) into Permit I] -00249-W, and Permit Number] ] -01447-W was retired. The Permit expiration date is 2026. The February 2006 permit authorized a total allocation from all sources of 20,490 million gallons per year, with an allocation of 5840 million gallons per year) (16 million gallons per day) from the mid Hawthorn aquifer and 6868 million gallons per year (18.8 million gallons per day year) from the lower Tamiami aquifer. SFWMD records indicate that 47 mid Hawthorn wells, 28 lower Hawthorn wells, and 37 lower Tamiami wells have been constructed. All proposed wells authorized in the 2006 permit have been constructed. Application 060908-9, which is the subject of this Staff Report was submitted on September 08,2006. This application is limited to the requested increase from the Golden Gate Well Field with a request for an increase in the annual withdrawal limit from the lower Tamiami aquifer (Golden Gate Well Field) from] 8,8 million gallons per day to 26.5 million gallons per day. The purpose of the requested increase is to assist in meeting demands, and to provide greater reliability for existing facilities during maximum demand periods. Therefore, the focus of this staff report is the evaluation of potential impacts resulting from the proposed increase in withdrawals from the lower Tamiami aquifer. The evaluation and discussion of the mid Hawthorn and lower Hawthorn aquifer withdrawals in this staff report have been brought forward from the February 2006 staff report. In addition to Application 060908-9, on May 29, 2007, the County submitted another application (Application Number 070529-12) for additional Hawthorn aquifer system withdrawals to supply a new reverse osmosis water treatment facility, the Northeast Regional Water Treatment Plant (NERWTP), This application is currently under review and is not addressed in this Staff Report. PROJECTED WATER USE Water demand projections were developed for the previous 2006 permit and are provided in Exhibit 7. No change in allocation is requested. All projected demands reference finished water demands. Projections are shown through the year 2025. An analysis of Collier County's operational plan to meet future average and maximum day water demands was developed for the 2006 permit and is presented in Exhibits 78. The projected finished water demand in the year 2025 is 23, ]41 million gallons per year (63.4 million gallons per day) and 2,236 million gallons per month (72.] million gallons per Page 2 of 22 11'-. i1,Q! day) for the annual and maximum monthly allocation, respectively. The finished per capita water use rate is 185 gallons per day. The ratio of the Maximum Month Use to the Average Month Use is 1.16: 1. This factor was developed based on Collier County historical water demands (Exhibit 7). HYDROGEOLOGY The Golden Gate Well Field withdraws water from the lower Tamiami aquifer, which is a component of the surficial aquifer system. In the vicinity of the Golden Gate Well Field, the lower Tamiami aquifer is overlain by the water table aquifer, which is an unconfined freshwater aquifer and is present from approximately land surface (+ 10 to + 15 feet National Geodetic Vertical Datum (NGVD)) to approximately -25 feet National Geodetic Vertical Datum. Approximately 25 to 50 feet oflow permeability confining material (Bonita Springs Marl) overlies the semi-confined lower Tamiami aquifer in the vicinity of the Golden Gate Well Field. In this area, the lower Tamiami aquifer is present from about -75 to -110 feet NGVD . The sandstone aquifer underlies the lower Tamiami aquifer, and is of lower quality and is less productive than the lower Tamiami aquifer. The sandstone aquifer is underlain by the upper confining unit (Basal Peace River Clay) of the Hawthorn aquifer system. The mid Hawthorn aquifer is present from about -300 to -500 feet, NGVD. Approximately 200 feet of low-permeability material separate the mid Hawthorn aquifer from the lower hawthorn aquifer, which is present from about -700 to - 1000 feet NGVD in this region. LONG-TERM WATER LEVEL MONITORING DATA The applicant presented long-term hydrographs for numerous monitor well pairs constructed in the water table and lower Tamiami aquifers in the vicinity of the Golden Gate Well Field (See Exhibits 9A through 90). These monitor well pairs generally show a rising trend through time in the water table aquifer, attributed to the change in operations of some of the drainage canal regulation levels, and a lowering trend in the lower Tamiami aquifer, related to regional increases in withdrawals. AQUIFER IMP ACT ASSESSMENT LOWER T AMIAMI AQUIFER (GOLDEN GATE WELL FIELD) Two analysis were conducted of the potential impact of the proposed withdrawals from the lower Tamiami aquifer. The analysis consisted of both field scale testing, to measure aquifer level responses to the increased withdrawal rates and numerical modeling, to quantify sources of water withdrawn from the wellfield and the associated impacts of withdrawal. District staff independently modeled the proposed withdrawal to verify the County's assessment of impact on surface water flows and groundwater levels. The following is a summary of these evaluations. Field Testing Page 3 of 22 lOF \: Collier County conducted a wellfield scale test in order to measure groundwater response to the proposed withdrawal rate of 26.5 mgd pursuant to a protocol approved by the District. The purpose of the field test was to evaluate the confinement between the water table aquifer and the lower Tamiami aquifer in the vicinity of the wellfield and to aid in the evaluation of the potential impact of the proposed withdrawals on the Picayune Strand Restoration Project. Prior to conducting the test, the County, in consultation with the District, drilled two paired monitor sites (four wells total, 13 Sand D, 14 S and D) with one of the wells drilled into the water table aquifer and the other constructed to monitor the lower Tamiami aquifer. These new wells were located east of the County's Golden Gate Wellfield, next to the Miller Canal and southeast of the wellfield mid-way between the Miller Canal and Faka-Union canals. The location of these and the other monitor wells used during the test is shown on Exhibit X. The four new wells were added to the County's existing monitor network in order to better determine the degree of hydraulic separation between the water table and lower Tamiami aquifers in the vicinity of the two subject canals which provide surface water flows to the Picayune Strand during wet conditions. The field test consisted of three week long constant discharge tests in which the Golden Gate Wellfield maintained a steady withdrawal rate of 18.8 mgd (its current maximum permitted withdrawal rate) for one week, then increased the withdrawal rate to the requested rate of 26.5 mgd for the second week and then reduced the pumpage back to 18.8 mgd for the remainder of the test. Continuous groundwater level data were collected from 10 monitor well pairs completed in the water table aquifer and lower Tamiami aquifer, along with stage data from the Miller and Faka-Union canals and daily rainfall data collected at the wellfield. Groundwater data shows that there is significant hydraulic separation between the water table aquifer and the lower Tamiami aquifer beneath and surrounding the wellfield. Water level data from the monitor wells are included in Exhibit XX - YY. The data shows the 7.7 mgd increase in withdrawals resulted in approximately one to two feet of additional drawdown in the lower Tamiami aquifer in the vicinity of the wellfield and little to no perceptible change to the water table aquifer levels during the County's well field test. These observations are consistent with a high degree of hydraulic separation between the two aquifers near the wellfield, However, the water levels in both the monitor pairs to the southeast (l4S and D, C-972 & C-973) show little to no separation in water levels between the lower Tamiami and water table aquifers, suggesting a low or non-existent degree of hydraulic separation between the two aquifers at these locations. The results of the field test were used to develop a calibrated multi- layered surface/groundwater model consistent with the observed field measurements and the long-term hydrographs presented by ecpu in support of the application, Model Analysis The applicant and District staff both used the existing Lower West Coast Surficial Aquifer System sub-regional model developed for the District by Ecology and Page 4 of 22 lOF Il'~! Environment, Inc. (2006), which was modified to incorporate the field scale aquifer response observed during the wellfield test. The Lower West Coast Surficial Aquifer System Model is a groundwater flow model for the entire Lower West Coast region of Florida, covering a total area of 5,129 square miles, including all of Lee County, most of Collier and Hendry Counties, and portions of Charlotte, Glades, and Monroe Counties. The model was developed using the U.S. Geological Survey modular three-dimensional finite-difference groundwater flow model, commonly known as MODFLOW. The model contains surface water and three layers of aquifers (Water Table Aquifer, Lower Tamiami Aquifer, and Sandstone Aquifer). The horizontal model grid is composed of 765 rows and 622 columns, and the cells have a size of 704 feet by 704 feet. The transient model calibration was conducted for a I5-year period from January 1986 through December 2000. Computed daily water levels were calibrated by adjusting aquifer modeling parameters to match with observed head levels. MID HAWTHORN AQUIFER AND LOWER HAWTHORN AQUIFER (Evaluated for 2006 Permit) The following impact assessment for the Hawthorn aquifer system was done in the 2006 Permit. Details regarding the technical evaluations conducted on the Hawthorn aquifer system are described in the February 2006 Staff Report. The results of the modeling are summarized in the results section of the February 2006 Staff Report. Exhibits 13A-G of this Staff Report depicts the drawdown contour maps for the Hawthorn aquifer. The Hawthorn aquifer system allocation is not the subject of this Staff recommendation, but is provided as an overall description of assessments done for the full permit allocation approved in February 2006. IMPACT ASSESSMENT WATER RESOURCE AVAILABILITY Lower Tamiami Aquifer Groundwater flow model results indicate that the maximum drawdown in the lower Tamiami aquifer will be approximately 7 feet in the vicinity of the Golden Gate Wellfield. This represents an increase in drawdown over the previously permitted allocation of about 3 feet. The maximum developable limit (MOL) for the lower Tamiami aquifer is 20 feet above the top of the aquifer. In the vicinity of the Golden Gate Wellfield this elevation is approximately -50 feet NGVO. Ground surface elevation in the vicinity of the Golden Gate Wellfield is approximately 10-15 feet NGVD. Therefore, the drawdown associated with the requested allocation will not exceed the MOL for the lower Tamiami Aquifer. The model shows minimal drawdown impacts on the water table aquifer in the vicinity of the Golden Gate Wellfield. These drawdowns do not have the potential to harm the sustained safe yield of this aquifer. Page 5 of 22 lOF tl;~' Lower Ha\\-thorn Aquifer This is a summary of the Hawthorn aquifer system evaluation from the 2006 Permit. Groundwater flow model results indicate that the maximum drawdown in the lower Hawthorn aquifer will be about 20 feet in the vicinity of the SCR WTP, and about 30 feet at the NCRWTP. These drawdowns decrease fairly rapidly away from the immediate well field areas. Data from USGS wells and test wells constructed for the project indicate that the potentiometric surface of the lower Ha\-\thorn aquifer is in the range of + 35 to +40 feet NGVD. The top of the lower Hawthorn aquifer is approximately -600 feet NGVD. As a result, the 2006 Staff Report found that the potential for harm to occur to the sustained safe yield of the aquifer as a result of the withdrawal of the recommended allocation is considered to be minimal. Mid Hawthorn Aquifer This is a summary of the Hawthorn aquifer system evaluation from the 2006 Permit. Results of the groundwater flow modeling indicate that a maximum of approximately 54 feet of drawdown could occur in the mid Hawthorn (Hawthorn Zone l) aquifer at the end of 90 days of maximum-day pumping and no recharge. This amount of drawdown occurs within the immediate area of the SCRWTP. Drawdown within this aquifer is predicted to be approximately 20 feet at a distance of about 23,000 feet from the SCRWTP. Static water levels within this aquifer were measured at about +34 feet NGVD at the SCRWTP test wells. The results indicate that the water levels in this aquifer could drop below land surface in the immediate vicinity of the SCR WTP under these pumping conditions. A drawdown of 54 feet would lower the potentiometric surface to approximately 29 feet below surface (bls). The Water Use Basis of Review requires that heads be maintained at least 20 feet above the top of the aquifer, which is 300 feet bls in this area. Model results indicate that the proposed withdrawal will not violate this condition, These results are somewhat conservative, as it is unusual for a public water supply well field to operate at the maximum-day withdrawal rate for a sustained period of 90 days. As a result, the 2006 Staff Report found that the potential for harm to occur to the sustained safe yield of the aquifer as a result of the withdrawal of the recommended allocation is considered to be minimal. Therefore, the potential for harm to occur to the sustained safe yield of both the lower Tamiami aquifer, Hawthorn aquifer system and the water table aquifer as a result of the withdrawal of the recommended allocation is considered minimal. EXISTING LEGAL USERS Lower Tamiami Aquifer Page 6 of 22 IOF '.~ -; The nearest existing legal user of the Lower Tamiami aquifer is Wilson Boulevard Center LLC (l1-02557-W) and is approximately 550 feet northeast of Well 10 from the County's Golden Gate Well Field Number 10. The historical low water level elevation in the Lower Tamiami aquifer is approximately -0.25 feet NGVD (C-951, May 20, 200 I), According to model results for the requested allocation, the maximum drawdown is projected to be 3 feet over the existing allocation. This additional drawdown does not have the potential to interfere with existing legal users. Lower Hawthorn Aquifer This is a summary of the lower Hawthorn aquifer system evaluation from the 2006 Permit. There are no known users of the lower Hawthorn aquifer in the vicinity of the project. Ground water flow model results indicate that the maximum drawdown in the lower Hawthorn aquifer will be about 20 feet in the vicinity of the SCR WTP, and about 30 feet at the NCRWTP. These drawdowns decrease fairly rapidly away from the immediate well field areas. Data from USGS wells and test wells constructed for the project indicate that the potentiometric surface of the lower Hawthorn aquifer is in the range of +35 to +40 feet NGVD. In the event an existing legal user of the lower Hawthorn aquifer were located in the vicinity of one ofthe CCPU well fields, static heads should remain at least five to ten feet above land surface. This amount of drawdown should not affect the ability of an Existing Legal User to withdraw water from the lower Hawthorn aquifer. As a result, the 2006 Staff Report concluded the potential for harm to occur to existing legal users as a result of the withdrawal from the lower Hawthorn aquifer of the recommended allocation is considered to be minimal. Mid Hawthorn Aquifer This is a summary of the mid Hawthorn aquifer system evaluation from the 2006 Permit. The nearest existing legal user of the mid-Hawthorn aquifer is Saraceno Condominiums, located about one mile to the southwest of RO-15S, the nearest CCPU mid-Hawthorn aquifer well. Review of the cumulative impact model indicates that a maximum of about 35 feet of drawdown could occur at this well location at the end of 90 days of maximum- monthly pumpage from CCPU, Bonita Springs Utilities and Marco Island. The Saraceno Island permit indicates that a submersible pump is set at 13.5 feet below land surface. A static head of about +34 feet NGVD was observed in the SCRWTP test wells. The impact modeling indicates that under the worst-case scenario, water levels in the Saraceno well could fall to about -1 feet NGVD. Therefore, under maximum pumping conditions, about 12.5 feet of water would remain above the pump in this well. As a result, the 2006 Staff Report concluded the potential for harm to occur to existing legal users as a result of the withdrawal from the recommended allocation is considered to be minimal. SALINE WATER INTRUSION Page 7 of 22 lOF 1 , Lower Tamiami Aquifer The nearest saline water interface is 10 miles away from the Golden Gate wellfield, which is beyond the influence of the proposed wellfield withdrawals. Connate saline water has been documented to occur in low permeability sediments at the base of the lower Tamiami aquifer. Due to the high contrast in permeability of the sediments due to the carbonate portions of the lower Tamiami aquifer and the low permeable clastic sediments at the base of the aquifer. upward movement of saline water will not occur. Based on the above, the potential for saline water intrusion or upconing to occur as a result of the withdrawal of the recommended allocation is considered minimal. Lower Hawthorn Aquifer This is a summary of the lower Hawthorn aquifer system evaluation from the 2006 Permit. The Hawthorn aquifer system contains water of brackish quality in western Collier County with dissolved chloride concentrations ranging from approximately 1500- 4000 milligrams per/liter (mg/1) in the existing mid Hawthorn aquifer (Hawthorn Zone I) and lower Hawthorn aquifer production wells operated by the County. A relatively rapid increase in salinity occurred within the western end of the North Hawthorn wellfield (lower Hawthorn aquifer) shortly after the wells were put into service during the year 2000. The exact cause of the salinity increase is unknown, however, the County has conducted a feasibility study to evaluate the potential to use high pressure reverse osmosis membranes to treat this higher salinity water. Water quality within the eastern end of the wellfield has remained relatively stable. The South Hawthorn wellfield was placed into service during late 2004. Water quality from both the Hawthorn Zone 1 and Lower Hawthorn aquifer production wells is similar in the South wellfield, with chloride concentrations that average approximately 2500 mg/1. As a result, the 2006 Staff Report concluded the potential for saline water intrusion or upconing to occur as a result of the withdrawal of the recommended allocation is considered to be minimal. Mid Hawthorn Aquifer This is a summary of mid Hawthorn aquifer system evaluation from the 2006 Permit. The Hawthorn aquifer system contains water of brackish quality in western Collier County with dissolved chloride concentrations ranging from approximately 1500-4000 milligrams per/liter in the existing mid Hawthorn (Ha\\-thorn Zone 1) aquifer and lower Hawthorn aquifer production wells operated by the County. The south wellfield testing report (Water Resource Solutions, 2004), which is contained in the permit file, presents a detailed discussion of the procedures and results of solute Page 8 of 22 lOF transport modeling performed to assess future water quality trends in the wellfield and the influence of pumping on dissolved salt concentrations in native groundwater. That assessment was performed using MT3DMS (Zheng and Wang, 1999) and SEA W A T (Guo and Langevin, 2002). Six different predictive simulations were performed to assess the sensitivity of the model to changes in aquifer hydraulic parameters and the modeling code applied. The transmissivity and leakance coefficients of the undifferentiated upper Floridan aquifer layer and the lower Hawthorn aquifer were both increased as part of the recent recalibration of the flow model. Another MT3DMS simulation was performed using the calibrated flow model to determine ifthe original results are still reasonable. The modeling indicated water quality trends for the current and original base case model simulations are similar, with a gradual increase in chloride concentration of less than 100 mglL indicated during the 20 year simulation period. Results for other conditions evaluated in the original model should therefore also be similar, In order to respond to unforeseen events, it is still recommended that the treatment system be designed for feedwater with chloride and total dissolved solids concentrations of at least 3,500 and 7,000 mg/, respectively. As a result, the 2006 Staff Report concluded the potential for saline water intrusion or upconing to occur as a result of the withdrawal of the recommended allocation is considered to be minimal. WETLANDS Lower Tamiami Aquifer The lower Tamiami aquifer is confined in the vicinity of the wellfield. The degree of confinement between the lower Tamiami aquifer and the water table aquifer varies across the area of influence of the proposed allocation. In November 2007, the applicant submitted a wetland inventory and other information consistent with Section 3.3.2 of the Basis of Review identifying and characterizing these wetlands within the area of influence of the wellfield. The District, using the newly calibrated Lower West Coast Surficial Aquifer System sub- regional Modflow model described above, assessed the impact of the existing allocation, the proposed allocation. The results of this analysis shows that the requested allocation will not significantly increase the area of impact as compared to the current allocation but may increase the amount of drawdown near the wellfield. The wetland inventory map submitted by the applicant, as well as the South Florida Water Management District Wetland Maps, identify many isolated wetlands throughout the area of well field impact. However, many factors exist which can affect the viability of these mapped wetlands including road construction, drainage, development of homes and other water uses, Page 9 of 22 lOf v4\l These wetlands are currently experiencing drawdowns associated with several factors such as drainage and cumulative water withdrawals of existing legal users in the vicinity, including the County's lower Tamiami aquifer withdrawals from the Golden Gate Wellfield, New modeling information indicates a wide range in the degree of interaction between the Water Table and Lower Tamiami Aquifers and shows a potential for impacts to wetlands within some areas in the cone of influence of the wellfield. The Big Cypress Basin recently completed retrofits to prevent previous drainage impacts from further degrading wetlands. With this new information, the District will be initiating investigations to identify the condition of wetlands in the Golden Gate Estates region to determine the presence, if any, of wetland harm as well as the causes of any degradation in their condition. If the District determines that consumptive use impacts on the wetlands is occurring or will occur. then, by law and permit limiting condition, permittees are required to reduce, eliminate or mitigate such impacts caused by their withdrawals in compliance with District rules. This study may take several years to complete. We will be coordinating these upcoming investigations with all potentially affected Permitees, including Collier County. To provide reasonable assurance that wetlands will not be harmed as a result of the requested increase, the Permittee shall be required to submit a wetland monitoring plan within 90 days of permit issuance, A total of 5 monitoring sites will be established adjacent to the Golden Gate Wellfield. The wetlands that will be monitored include short hydroperiod wetland systems which are sensitive to changes in hydrology. Limiting Condition 32 has been added to the permit which outlines this requirement. Lower Hawthorn Aquifer This is a summary of the lower Hawthorn aquifer system evaluation from the 2006 Permit. There are wetland areas in the vicinity of the project site. The project utilizes water from the mid Hawthorn aquifer (Ha\\rthorn Zone I) and the lower Hawthorn aquifer. The Hawthorn Zone 1 is a confined aquifer which is separated from the surficial aquifer system by approximately 120 feet of low permeability sediments, which effectively isolate the water table aquifer from the effects of the withdrawals from these wells. As a result, the 2006 Staff Report concluded the potential for harm to occur to wetlands as a result of the withdrawal of the recommended allocation is considered to be minimal. Mid Hawthorn Aquifer This is a summary of the mid Hawthorn aquifer system evaluation from the 2006 Permit. There are wetland areas in the vicinity of the project site. The mid Hawthorn (Hawthorn Zone I) aquifer is a confined aquifer which is separated from the surficial aquifer system by approximately 120 feet of significantly lower permeability sediments, which effectively isolate the water table aquifer from the effects of the withdrawals from these wells. Page 10 of22 lOF ., '-I As a result, the 2006 Staff Report concluded the potential for harm to occur to wetlands as a result of the withdrawal of the recommended allocation is considered to be minimal. SOURCE OF POLLUTION Lower Tamiami Aquifer A review of DEP' s regulated storage tank site database, landfill, solid waste sites, brownfield sites, and toxic release inventory site indicates there is no known contamination within the area of influence of the wellfield in the Water Table and Lower Tamiami Aquifers. Therefore, District staff concludes the potential for movement of pollutant sources is minimal. Lower Hawthorn Aquifer This is a summary of the lower Hawthorn aquifer system evaluation from the 2006 Permit. The presence of the thick confining layers between the lower Hawthorn aquifer and the water table aquifer minimizes the potential for induced migration of contaminants from the surficial aquifer system as a result of the withdrawal of the recommended allocation. As a result, the 2006 Staff Report concluded the potential for movement of contaminants, if present, from known pollution sources as a result of the withdrawal of the recommended allocation is considered to be minimal. Mid Hawthorn Aquifer This is a summary of the mid Hawthorn aquifer system evaluation from the 2006 Permit. Due to the large amount of hydraulic confinement between the mid-Hawthorn aquifer and the water table aquifer, the potential for the migration of surface introduced contaminants to occur as a result of the withdrawal of the recommended allocation is considered to be negligible. As a result, the 2006 Staff Report concluded the potential for movement of contaminants, if present, from known pollution sources as a result of the withdrawal of the recommended allocation is considered to be minimal. ADDITIONAL INFORMATION Picayune StrandIFakahatchee Estuary: Pursuant to Section 373.223(l)(a) and (c), F.S., the permit applicant must demonstrate that the proposed use is both reasonable-beneficial and consistent with the public interest. This requires that the use be consistent with the objectives of the District and not cause harm to the water resources. Pursuant to Section 373.1502, F .S., the Legislature declares Page 11 of22 lOf that implementation of the Comprehensive Everglades Restoration Plan (CERP) is in the public interest. Section 373.470, F.S., requires the SFWMD to protect water supplies identified for the CERP project under its water reservation or allocation authority under Chapter 373, F.S. The Collier County Golden Gate Wellfield is located approximately 4.5 miles north of the Picayune Strand Restoration Project. This project is a component of the Comprehensive Everglades Restoration Program involving the re-establishment of hydrology to 55,000 acres of impacted wetland and upland habitat within south central Collier County. The objectives of this State and Federally funded public project include: the restoration of sheetflow across the Picayune Strand and into the Fakahatchee Estuary and the Ten Thousand Islands National Wildlife Refuge. improve ecosystems benefiting threatened and endangered species such as the Florida panther and red cockaded woodpecker, improve water quality and volume of water delivered to coastal estuaries, and provide public access and recreational opportunities. As described earlier. the Golden Gate Wellfield withdraws water from the lower Tamiami aquifer within Surficial Aquifer System. The lower Tamiami aquifer is hydraulically connected to the unconfined water table aquifer to varying degrees and withdrawals from the lower Tamiami aquifer have the potential to impact unconfined groundwater and surface water within the area of influence of the wellfield. Two significant canals; the Golden Gate/Miller canal and the Faka Union are located to the east of the County wellfield. These two canals have historically and will continue to contribute major volumes of water to the Picayune Strand and Fakahatchee Estuary. These surface water flows, including flows from the Miller and Faka-Union canals, have been identified by the District as necessary for the protection of fish and wildlife. In order to provide assurances that the proposed withdrawals comply with the above cited provisions, Collier County conducted a detailed analysis of the potential impacts of their proposed withdrawals on flows into the Picayune Strand Restoration Project. Their analysis consisted of both field scale testing, to measure aquifer level responses to increased withdrawal rates, and numerical modeling, to quantify sources of the water withdrawn by the wellfield and the associated impacts of the withdrawal. District staff independently modeled the proposed withdrawals to verify the County's demonstration that their proposed withdrawals would not reduce the amount of water flowing into the Picayune Strand via the Miller and Faka-Union canals, as described above in Aquifer Impact Assessment for Lower Tamiami Aquifer, herein. Based on this analysis the District has determined that the proposed withdrawals will not withdraw water flowing into the Picayune Strand via the Miller and Faka-Union canals that the District intends to reserve for the Picayune Strand. Additionally, unique circumstances must be addressed related to Collier County's application to modify WUP 11-00249- Wand effective date of the Picayune Strand/Fakahatchee Estuary Reservation rules (Reservation Rule). Collier County filed its application for the requested allocation in September 2006. The District initiated rule development on the Reservation Rule on February 14, 2008. The proposed Reservation Page 12 of 22 lOF li.' ~..~" Rule was adopted by the Governing Board on February 12, 2009 and will become effective only after Collier County's petition challenging the proposed rule is withdrawn. Significantly, Collier County was successfully able to provide reasonable assurances the proposed withdrawals from the lower Tamiami aquifer will not withdraw water that the District intends to reserve for the Picayune Strand. This water is necessary for implementation of the Picayune Strand Restoration Project, as part of the Comprehensive Everglades Restoration Program. Although Collier County already has made this demonstration consistent with the requirements of the proposed Picayune Strand/Fakahatchee Estuary Reservation rule, due to Collier County's unique circumstances the rule could, potentially, have an unanticipated consequence on the County in the event this Permit modification is challenged by a third party, This issue is addressed by Limiting Condition 31 of the Permit. In summary, Limiting Condition 31 of the modified Permit recognizes the unique circumstances related to the timing of this application and the proposed rule and provides that Collier County's existing legal user status and allocation for increased withdrawals from the lower Tamiami aquifer beginning June II, 2009 for a five year duration until June 11,2014 shall then be eligible for renewal under Section 3.Il.l.A.3., Basis of Review for Water Use Permit Applications within the South Florida Water Management District. Conditions of Issuance The evaluation under Section 2.6.1 of the Basis of Review, regarding required water conservation plan elements is described in the 2006 Staff Report. No changes to the existing water conservation plan are required due to the scope of the requested modification. RECLAIMED WATER USE A reclaimed water evaluation was conducted in the 2006 Staff Report. No changes to the County's reclaimed water program are necessary as a result of the scope requested modification. SALINE INTRUSION MONITORING PROGRAM Limiting conditions on the current Golden Gate wellfield permit stipulate that the permittee shall continue the implemented saline water monitoring program, which entails collecting chloride samples from production wells and water levels from eight monitoring wells (MW-ID through MW-4D and MW-I S through MW-4S, for which water level data were presented above). The existing brackish-water permit requires that the permittee collected monthly chloride samples from each production well and submit the results to the District on a quarterly Page 13 of 22 10f , ~ basis, In addition, water levels are to be recorded continuously on the monitor wells described in the staff report Impact Assessment Section (see Exhibit 17). Permit duration Collier County Public Utilities has requested a modification to their existing permit to increase the average annual withdrawal rate from the lower Tamiami aquifer (source limitation) from 6,868 million gallons per year (18.8 mgd) to 9,673 million gallons per year (26.5 mgd). No other changes to the permit are requested. As per Limiting condition 5, the following expiration dates apply; Annual allocation shall not exceed 20490 MG. Maximum monthly allocation shall not exceed 1981 MG. The following limitations to annual withdrawals from specific sources are: Mid Hawthorn Aquifer: 5,840 MG, through February 8, 2026. Lower Tamiami Aquifer: 9,673 MG, through February 8,2014. Lower Tamiami Aquifer: 6,868 MG February 9, 2014 through February 8, 2026. Annual allocation shall not exceed 20490 MG. RECOMMENDA TION 1. This permit shall expire on March 8, 2026. Time limitations on withdrawals from specified sources of limited availability are identified in Limiting condition 5. 2. Application for a permit modification may be made at any time. 3, Water use classification: Public water supply 4, Source classification is: Ground Water from: Lower Hawthorn Aquifer Lower Tamiami Aquifer Mid-Hawthorn Aquifer 5. Annual allocation shall not exceed 20490 MG. Page 14 of 22 lOF Maximum monthly allocation shall not exceed 1981 MG, The following limitations to annual withdrawals from specific sources are: Mid Hawthorn Aquifer: 5,840 MG, through February 8,2026. Lower Tamiami Aquifer: 9,673 MG, through February 8, 2014. Lower Tamiami Aquifer: 6,868 MG February 9, 2014 through February 8, 2026. Annual allocation shall not exceed 20490 MG. 6. Permittee shall notify the District in wrItmg within 30 days of any sale, conveyance, or other transfer of ownership or control of the real property on which the permitted activities are located. All transfers of ownership are subject to the requirements of Section 40E-I.61 07, F .A.C. Pursuant to Rule 40E-1.6107( 4), until transfer is approved by the District, the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit which occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E-1.609, Suspension, Revocation and Modification of Permits, and the District suspend or revoke the permit. This Permit is issued to: Collier County Public Utilities Department 3301 E. Tamiami Trail Bldg H Naples, FL 34112 7. Withdrawal facilities: Ground Water - Existing: 1 - 16" X 512' X 350 GPM Well Cased To 397 Feet 1- 12" X 150' X 700 GPM Well Cased To 92 Feet 1 - 16" X 475' X 350 GPM Well Cased To 404 Feet 1 - 16" X 102' X 700 GPM Well Cased To 52 Feet 1 - 16" X 422' X 750 GPM Well Cased To 299 Feet 1 - 12" X 128' X 1000 GPM Well Cased To 83 Feet 1 - 16" X 975' X 1000 GPM Well Cased to 740 Feet 2 - 12" X 120' X 1000 GPM Wells Cased To 65 Feet 1 - 12" X 101' X 1000 GPM Well Cased to 62 Feet 1 - 16" X 100' X 700 GPM Well Cased to 51 Feet 1 - 12" X 105' X 1000 GPM Well Cased to 61 Feet Page 15 of22 10f \II ] -]2" X ]25' X 1000 GPM Well Cased to 78 Feet 2 - ]2" X ]30' X 700 GPM Wells Cased to 84 Feet ] - 12' X ] 09' X 1000 GPM Well Cased to 58 Feet 1 -]2" X ]45' X ]000 GPM Well Cased to ]02 Feet ] - 16" X 780' X 1000 GPM Well Cased to 734 Feet ] - 12"' X 400' X 750 GPM Well Cased to 295 Feet 1 - 16" X 108' X 700 GPM Well Cased to 50 Feet ] - 12" X 106' X 700 GPM Well Cased to 70 Feet 1- 16" X 514' X 350 GPM Well Cased to 412 Feet ] - ] 2" X 131' X 700 GPM Well Cased to 85 Feet ] - 16" X 957' X 1000 GPM Well Cased To 737 Feet ] - ] 6" X 982' X 750 GPM Wel] Cased to 660 Feet ] -]2" X 137' X 700 GPM Well Cased to 90 Feet ] - 16" x 95]' X 1000 GPM Well Cased to 735 Feet ] - 16 x 950' x 1000 GPM Well Cased to 713 Feet 1-16" X 952' X 1000 GPM Well Cased to 780 Feet I - ] 6" X 963' X 750 GPM Well Cased To 653 Feet 1 - 16" X 989' X 1000 GPM Well Cased to 75] Feet 1 - 16" X 842' X 750 GPM Well Cased to 630 Feet 7 - 16" X 500' X 350 GPM Wells Cased to 400 Feet ] - ]6" X 400' X 750 GPM Well Cased to 292 Feet ] - 16" X 402' X 750 GPM Well Cased to 33] Feet ] - ]2" X 126' X 1000 GPM Well Cased to 80 Feet 1- 16" X 682' X 750 GPM Well Cased to 630 Feet I - 16" X 422' X 750 GPM Well Cased to 298 Feet ] - ]2" X 110' X 1000 GPM Well Cased to 62 Feet 1 - ] 2" X 13]' X 1000 GPM Well Cased to 83 Feet 1 - 12" X 528' X 0 GPM Well Cased to 465 Feet 1 -16" X 10] l' X 1000 GPM Well Cased to 750 Feet ] - 16" X 442' X 750 GPM Well Cased to 328 Feet I - 12" X 112' X 700 GPM Well Cased to 71 Feet I - 16" X 977' X 1000 GPM Well Cased to 775 Feet 1 - 16" X 801' X 1000 GPM Well Cased to 705 Feet 1 -12"' X 101' X 700 GPM Well Cased to 65 Feet I - 16" X 402' X 750 GPM Well Cased to 295 Feet 1 - ]6" X 925' X 1000 GPM Well Cased to 73] Feet I - 12" X 114' X 700 GPM Well Cased to 65 Feet I - 16" X 891' X 1000 GPM Well Cased to 744 Feet ] - 12" X Ill' X 1000 GPM Wel] Cased to 59 Feet ] -12" X ]25' X 1000 GPM Well Cased to 92 Feet I - 12" X 106' X 1000 GPM Well Cased to 65 Feet 17 - 16" X 420' X 750 GPM Wells Cased to 300 Feet I - 16" X 403' x 750 GPM Well Cased to 293 Feet 1 - 16" X 96' X 700 GPM Well Cased to 50 Feet 5 - ]6" X 1000' X 700 GPM Wells Cased to 700 Feet 3 - ]6" X 1000' X 1000 GPM Wells Cased to 700 Feet Page 16 of 22 lOf ~~~~. 1 - 16" X 996' X 1000 GPM Well Cased to 780 Feet 1 -16" X 421' X 750 GPM Well Cased to 317 Feet 1 - 12" X 120' X 1000 GPM Well Cased to 58 Feet 1 - 16" X 100' X 700 GPM Well Cased to 50 Feet 1 - 16" X 800' X 1000 GPM Well Cased to 720 Feet 2 - 16" X 400' X 700 GPM Well Cased to 300 Feet 2 - 12" X 120' X 1000 GPM Well Cased to 80 Feet 1 -16" X 402' X 750 GPM Well Cased to 297 Feet 1 - 12" X 133' X 700 GPM Well Cased to 90 Feet 6 - 12" X 420' X 750 GPM Wells Cased to 300 Feet 1 -16" X 420' X 750 GPM Well Cased to 312 Feet 1 - 12" X 110' X 1000 GPM Well Cased to 65 Feet 1-12" X 106' X 700 GPM Well Cased to 65 Feet 1 - 16" X 1070' X 1000 GPM Well Cased to 790 Feet 1 - 16" X 891 X 1000 GPM Well Cased to 730 Feet 1 - 12" X 120' X 1000 GPM Well Cased to 66 Feet 1 - 12" X 125' X 1000 GPM Well Cased to 72 Feet 1 - 12" X 120' X 1000 GPM Well Cased to 70 Feet 8. Permittee shall mitigate interference with existing legal uses that was caused in whole or in part by the permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (1) Inability to withdraw water consistent with provisions of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; or (2) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. 9. Permittee shall mitigate harm to existing off-site land uses caused by the permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm, Harm caused by withdrawals, as determined through reference to the conditions for permit issuance, includes: (1) Significant reduction in water levels on the property to the extent that the designed function of the water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other governmental authorization issued Page 17 of22 lOf for the construction of the water body. In cases where a permit was not required the designed function shall be determined based on the purpose for the original construction of the water body (e.g, fill for construction, mining, drainage canal, etc.) (2) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or (3) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. 10. Permittee shall mitigate harm to the natural resources caused by the permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: (1) Reduction in ground or surface water levels that results in harmful lateral movement of the fresh water/salt water interface, (2) Reduction in water levels that harm the hydroperiod of wetlands, (3) Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond, (4) Harmful movement of contaminants in violation of state water quality standards, or (5) Harm to the natural system including damage to habitat for rare or endangered specIes. II, If any condition of the permit is violated, the permit shall be subject to review and possible modification, enforcement action or revocation. 12, Authorized representatives of the District shall be permitted to enter, inspect, and observe the permitted system to determine compliance with special conditions, 13. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations, 14, The permit does not convey any property right to the Permittee, nor any rights and privileges other than those specified in the Permit and Chapter 40E-2, Florida Administrative Code. 15. Permittee shall submit all data as required by the implementation schedule for each of the limiting conditions to SFWMD, Environmental Resource Compliance, P.O. Box 24680, West Palm Beach, FL 33416-4680. Page 18 of22 lOf 16. In the event of a declared water shortage, water withdrawal reductions will be ordered by the District in accordance with the Water Shortage Plan, Chapter 40E-21, F.A,C. The Permittee is advised that during a water shortage, pumpage reports shall be submitted as required by Chapter 40E-21, F .A.C. 17. Prior to the use of any proposed water withdrawal facility authorized under this permit, unless otherwise specified, the Permittee shall equip each facility with a district approved operating water use accounting system and submit a report of calibration to the District, pursuant to Section 4.1, Basis of Review for Water Use Permit Applications. In addition, the Permittee shall submit a report ofrecalibration for the water use accounting system for each water withdrawal facility (existing and proposed) authorized under this permit every five years from each previous calibration, continuing at five-year increments. 18. Monthly withdrawals for each withdrawal facility shall be submitted to the District quarterly. The water accounting method and means of calibration shall be stated on each report. 19. The Permittee shall notify the district within 30 days of any change in service area boundary. If the Permittee will not serve a new demand with the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction. 20. Permittee shall determine unaccounted-for distribution system losses. Losses shall be determined for the entire distribution system on a monthly basis. Permittee shall define the manner in which unaccounted-for losses are calculated. Data collection shall begin within six months of Permit issuance. Loss reporting shall be submitted to the District on a yearly basis from the date of Permit issuance. 21. Permittee shall secure a well construction permit prior to construction, repair, or abandonment of all wells, as described in Chapters 40E-3 and 40E-30, Florida Administrative Code. Permittee shall maintain an accurate flow meter at the intake of the water treatment plant for the purpose of measuring daily inflow of water. 22. Prior to any application to renew or modify this permit, the Permittee shall evaluate long term water supply alternatives and submit a long term water supply plan to the District. Within one year of permit issuance, the Permittee shall submit to the District an outline of the proposed plan. The assessment should include consideration of saline intrusion, wellfield protection, plans for compliance with applicable wellfield protection ordinances, expected frequencies and plans to cope with water shortages or well field failures, and conservation measures to reduce overall stresses on the aquifer. 23. The Permittee shall provide annual status reports to the District that summarize the ASR cycle testing activities. The report shall include any proposals for the Page 19 of22 lOF ., , construction and operation of additional ASR facilities. based on the results of cycle testing. 24. If a proposed well location is different from a location specified in the application, the Permittee shall submit to the District an evaluation of the impact of pumpage from the proposed well location on adjacent existing legal uses, pollution sources, environmental features, the saline water interface, and water bodies one month prior to all new well construction. The Permittee is advised that the proposal must be in compliance with all permitting criteria and performance standards in effect at the time of submittal, and that a formal modification of the permit shall be required if the withdrawals from the well location will result in an environmental or resource impact significantly greater than that anticipated in the permit review process, 25. Permittee shall secure a well construction permit prior to construction, repair or abandonment of all wells, as described in Chapters 40E-3 and 40E-30, Florida Administrative Code. 26. On or before February 11, 2011 and every five years after that date until permit expiration in 2026, the permittee shall submit a water use compliance report for review and approval by District Staff. The compliance report shall address the following: (1) The results of a water conservation audit that documents the efficiency of water use on the project site using data produced from an onsite evaluation conducted, In the event that the audit indicates additional water conservation is appropriate or the per capita use rate authorized in the permit is exceeded, the permittee shall propose and implement specific actions to reduce the water use to acceptable levels within timeframes proposed by the permittee and approved by the District. (2). A comparison of the permitted allocation and the allocation that would apply to the project based on current District allocation rules and updated population and per capita use rates. In the event the permit allocation is greater than the allocation provided for under District rule, the permittee shall apply for a letter modification to reduce the allocation consistent with District rules and the updated population and per capita use rates to the extent they are considered by the District to be indicative of long term trends in the population and per capita use rates over the permit duration. In the event that the permit allocation is less than allowable under District rule, the permittee shall apply for a modification of the permit to increase the allocation if the permittee intends to utilize an additional allocation, or modify its operation to comply with the existing conditions of the permit. 27. The permittee shall submit a wellfield operating plan regarding the increased withdrawals from the lower Tamiami Aquifer and Hawthorne aquifer system wells, for review and approval by District staff within 90 days from permit issuance, The Permittee shall submit updates to the wellfield operating plan, when needed to reflect changes in the operational status of the ASR well or any of the production wells. Page 20 of 22 10f 28. The Water Conservation Plan required by Section 2.6.1 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District, must be implemented in accordance with the approved implementation schedule. 29. The Permittee shall continue to submit monitoring data in accordance with the approved saline water intrusion monitoring program for this project. This program consists of obtaining water levels from the eight monitoring wells (MW -1 SID, MW- 2SID, MW-3S/D, MW-4S/D, MW-6S/D, MW-7S/D, MW-lOS/D, MW-13S/D, and MW- 14S/D) and chloride samples from each production well on a monthly basis and submitting the results to the District quarterly. Within six months of permit issuance, the permittee shall replace monitor wells 6S and 7S and equip same with continuous water level recorders. 30. Public water utilities that control, either directly or indirectly, a wastewater treatment plant, and which have determined pursuant to Section 403.064, F.S. that use of reclaimed water is feasible, must provide the District with annual updates of the following information: (1) the status of distribution system construction, including location and capacity oflines; (2) a summary of uncommitted supplies for the next year; (e) copies of any new or amended local mandatory reclaimed water reuse zone ordinances; and (4) a list of end-users who have contracted to receive reclaimed water and the agreed upon quantity of water to be delivered, 31. Collier County's existing legal user status and allocation for increased withdrawals from the lower Tamiami aquifer beginning June 11, 2009 for a five year duration until June 11, 2014 shall then be eligible for renewal under Section 3.11.1.A.3., Basis of Review for Water Use Permit Applications within the South Florida Water Management District. Notwithstanding, the District is not prohibited from taking other action as authorized under Chapter 373, Florida Statutes to protect the water resources or achieve the overall objectives of the District. 32. Within 90 days of permit issuance, the permittee shall submit a wetland monitoring plan in accordance with Exhibits >>> that sets for the District's standard water use monitoring guidelines for wetlands. The permittee shall conduct hydrological and vegetative monitoring within the 5 wetland monitoring sites shown on the attached exhibits. A permanent photo station and vegetative transect must be installed at each of the monitoring sites. The monitoring plan must also include a hydrographs that summarize data taken from the wetland monitoring wells, withdrawal facilities, rain and staff gauges: a) Weekly groundwater and stage elevation within the wetland (well and staff gauge ); b) Daily rainfall data; c) Wetland/lake control elevation (optional-if part of the SWM system); d) Pumpage data (bi-weekly) and; e) Perimeter grade (edge elevations) and deepest elevations within the wetland. Page 21 of22 10f- Monitoring data must be submitted electronically (CD) as Excel spreadsheets or in an SFWMD-approved computer accessible format. This data must also be submitted as a legible paper copy (two copies). Provide results of vegetative monitoring data and an evaluation by comparing to previous monitoring reports. Data should be presented such that a trend analysis over time can be conducted, Percent coverage of dominant species in each sampling station should be presented; hydrographs and data for previous monitoring events and calendar years shall also be displayed consecutively for ease of comparison. By December 3151 of each year. the permittee must submit reports (two copies to the Water Use Compliance Section Leader at 330] Gun Club Road, West Palm Beach, FL 33406) summarizing the monitoring efforts and data through December 31 sl of the previous calendar years. The annual report must include the permit number, application number, hydrologic data, hydrographs. results of vegetative monitoring and panoramic photographs. The report shall also include a narrative that includes any cause and effect relationships, possible solutions and corrective actions for any negative trends identified. In the event that the Permittee is unable to obtain or maintain legal access to any of the proposed monitoring sites under its control, or in the event that the Permittee wishes to propose an alternative site with better access or information, the Permittee must notify SFWMD in writing within 30 days of concluding that a change in the monitoring site is necessary. In either event, the Permittee must identify alternative sites where legal access can be obtained and submit corrective action plan in writing within 30 days to modify the monitoring network. This plan must include a schedule for the well construction and equipment placement where necessary. Such a corrective action plan is subject to District approval. Page 22 of 22 10f SOUTH FWRIDA WATER MANAGEMENT DISTRICT Donna Fiala, Chairman Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Dear Chairman Fiala: Subject: Modification of Consumptive Use Permit No. 11-00249-W We are pleased to recognize that on June 11, 2009 the Governing Board of the South Florida Water Management District (District) approved Application 060908-9 modifying Collier County Public Utilities' (the "County") Consumptive Use Permit Number 11- 00249W (Permit). The District appreciates the work of the County's staff and representatives and is committed to continue this close coordination with them during future implementation of the Permit. This letter follows up on two significant issues relating to the Permit that merit further explanation and also represents my personal commitment to the issues presented herein. Significantly, Collier County was successfully able to provide reasonable assurances the proposed withdrawals from the lower Tamiami aquifer will not withdraw water that the District intends to reserve for the Picayune Strand, This water is necessary for implementation of the Picayune Strand Restoration Project, as part of the Comprehensive Everglades Restoration Program. Although Collier County already has made this demonstration consistent with the requirements of the proposed Picayune Strand/Fakahatchee Estuary Reservation rule, due to Collier County's unique circumstances, the rule could, potentially, have an unanticipated consequence on the County in the event this Permit modification is challenged by a third party. This issue is addressed by Limiting Condition 31 of the Permit. In summary, Limiting Condition 31 of the modified Permit provides that Collier County's existing legal user status and allocation for increased withdrawals from the lower Tamiami aquifer beginning June 11, 2009 for a five year duration until June 11, 2014 shall then be eligible for renewal under Section 3.11" 1.A.3., Basis of Review for Water Use Permit Applications within the South Florida Water Management. The District is committed to ensuring the County is treated fairly and in accordance with this Limiting Condition, due to the extraordinarily unique circumstances at hand. This letter is intended to serve as documentation of this commitment and to assist in future implementation by the District. Another issue regarding the Permit relates to wetlands within the Golden Gate Estates area. These wetlands may currently be experiencing drawdowns associated with 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 Mailing Address: P.O. Box 24680, West Palm Beach. FL 33416-4680 . www.sfwmd.gov Chairman Donna Fiala June 11, 2009 Page 2 lOf .. several factors such as drainage and cumulative water withdrawals of existing legal users in the vicinity, including the County's lower Tamiami aquifer withdrawals from the Golden Gate Wellfield. New modeling information indicates a wide range in the degree of interaction between the Water Table and Lower Tamiami Aquifers and shows a potential for impacts to wetlands within some areas in the cone of influence of the wellfield. The Big Cypress Basin's recently completed retrofits to prevent previous drainage impacts from further degrading wetlands. With this new information, the District will be initiating investigations to identify the condition of wetlands in the Golden Gate Estates region to determine the presence, if any, of wetland harm as well as the causes of any degradation in their condition. If the District determines that consumptive use impacts on the wetlands is occurring or will occur, then, by law and permit limiting condition, permittees are required to reduce, eliminate or mitigate such impacts caused by their withdrawals in compliance with District rules, This study may take several years to complete. We will be coordinating these upcoming investigations with all potentially affected Permitees, including Collier County. Again, the District deeply appreciates the County's extraordinary efforts to protect water necessary for the Picayune Strand Restoration Project. We consider our relationship with Collier County to be a strong partnership working for Everglades restoration and for meeting the County's water supply needs. Sincerely, Eric Buermann Governing Board Chair c: Ken Ammon, SFWMD Jim Coletta, Collier County Commissioner Michael Collins, Governing Board Member, SFWMD Fred W. Coyle, Collier County Commission Vice-Chairman Charles J. Dauray, Governing Board Member, SFWMD Jim DeLony, Administrator, Collier County Public Utilities Shannon A. Estenoz, Governing Board Member, SFWMD Frank Halas, Collier County Commissioner Tom Henning, Collier County Commissioner Melissa L. Meeker, Governing Board Member, SFWMD Chip Merriam, SFWMD Jerry Montgomery, Governing Board Vice-Chair, SFWMD Jim Mudd, Collier County Manager Tom Olliff, SFWMD Patrick J. Rooney, Jr., Esq., Governing Board Member, SFWMD -< o c )> JJ m C s: ~ m o -I o -I ::I: JJ m m :r!-=-O m~o OJrF o C - )>om ::IJ z::IJ OGJO . 0 ~roC zCZ c-i-i -iZ-< moO C/) -j ::IJ )>rO Z ~ - o-~ JJ~z moO O-im Ooz :0- 0 o )> . C/)oo OO-..,J m:O' -oml\) )>C/)./:>. :o~:o -iZm S':G)O m-ic ZI:D .-i m m ,/:>,(JJC/) --< 0 -i I1I)> I r:O)> o 0 -i ooF: .:0 11 r :?:05 . 0 OJ ICro )>Z-< ::IJ-iCi) s:-<-i 00C/) zOC/) -jS:I C ~ ~ ::IJ C/) r zC/). 0 moro -i ::IJ Z q:] ::I: romo m So;::IJ JJ H~t ,f 0J m Z ~ S' :0 G) V'. m ~ z l. '> &;1~ i ~ '-... -i -i -< -lIre )> m 0 _ 'l. ~ O~ ~ )>~-<.""tI ( ~::IJZ " ~ i~~r f r-i-i- '- z~S; r\ cJ )>OJ:::J t ~ ;:go~ C'J m)> ""+- (f)::IJ r . 0 ~~ - W - :s:: z c -i m C/) " o JJ -< o C JJ (") o s: s: m Z -i en )> z o P JJ m -I o )> o o JJ m Cf) en o Z r -< -I ::I: m (") :x ~ JJ :D m "tl :0 m en m z -i Z G) "'C m -i :::j o z m JJ " Z l> s: m "'C r- l> (") m (") o s: "tl r- m -i m o -n o :0 s: o Z -t :x m -i l> OJ r- m r- m ~ o ." -i ::I: m Q l> en z -I :x m OJ o l> :0 o JJ o o s: "tl JJ o JJ -i o -t ::I: m en c: OJ c... m o -i OJ m Z G) ::I: m l> :0 Cl )> o C JJ m en en '" Vj " "- ~ ~ Q " )> G) m Z o l> ::j m s: -I :::j r m ,. ~ f E I:) ~ c: V> '"" -;\) <, 1 ~+ z o l> -i m s: Z c: s: OJ m JJ "" o 11