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HomeMy WebLinkAboutDocumentation_Regular_Tab 10B_10/12/2000 . L3 7 Country Club Circle Tequesta,FL 33469-2006 1 561 745 3893 Fax: 1 561 745 3894 Ggenconaol.com October 1, 2000 Mr. Michael Cuzzo Village Manager Village of Tequesta 250 Tequesta Drive, Suite 250 Tequesta, FL 33469-0273 RE: Loxahatch River agement Coordinating Council (hereinafter the"Council") Dear Mr I am e Village's appointed delegate to the above referenced Council. During the past two meetings (and I believe for some time prior) one of our main topics for discussion was preservation of the freshwater water flows to preserve the ecological habitat for the Loxahatchee River. The Council recently adopted the attached Resolution, which I would like the Village to also adopt/support by copying the attached cover and mailing same along with the Resolution to the following: Department of Environmental Protection, State& Federal levels Department of Interior Department of Game& Freshwater Fish Commission State Senators Connie Mack& Robert Graham Congressional Representative Mark Foley. I would like this to be placed on the October 12, 2000 Village Council Meeting Agenda for approval. If you have any questions, or need additional information, please give me a call. Sinc- ely, eraldin- . . Genco Enclosures (2) cc: Village Council Date: Addressee, see attached list Dear Name: Our Village resides along the banks of the Loxahatchee River(the "River") which has been designated by the Federal Government as a National Wild and Scenic River. Our Village residents enjoy its beauty and share it with visitors from across this nation and around the globe. We need your help to protect it for future generations. Locally we have established "The Loxahatchee River Management Coordinating Council"to bring together inter-local governmental and municipal agencies for the purpose of commenting on activities which have a potential to impact the River. Recently, they have adopted the attached Resolution (which is enclosed along with the Council's letter), which we to have adopted and for which we are looking for you to help us support. To summarize the attached: The South Florida Water Management District approved applications (reference permits 50-00365-W and 50-04118-P) to allow the withdrawal of up to 7.5 million gallons a day from the Loxahatchee Slough. By permitting these withdrawals, it has allowed water stage levels to drop to 14.0 ft. NGVD, upstream of weir structure G-92 (within the C-18 canal), this will cause the freshwater discharge levels to fall below 50 cfs during dry spells and due to evapo-transpiration. This has an almost certain potential to allow saltwater intrusion further up the River basin. During the past 10 to 20 years the River already has experienced significant damage to its Cypress floodplain community, this change will have a negative impact and will step-up its destruction. We have few areas such as this in our nation, particularly in South Florida. There are two alternatives to increase the freshwater flow, increase the water flows to the northwest fork, and increase the water flow at the G-92 structure (by raising the permitted water level in the aforementioned permits.) We need you to strongly encourage not only the South Florida Water Management District (for planning, design and preservation), but also the United States Department of Interior and Secretary of the Army to preserve, evaluate and enhance programs within the Loxahatchee River drainage basin and Slough. Thank, you for your support and assistance. Tequesta Village Council, Mayor? LOXAHATCHEE RIVER MANAGEMENT COORDINATING COUNCIL do Palm Beach County Service Center-2148 South Florida Water Management District P.O.Box 24680 West Palm Beach.FL 33406-4680 August 31, 2000 Secretary Bruce Babbitt U.S. Dept. Of the Interior 1849 C Street, NW Washington, D.C. 20240 Dear Secretary Babbitt: The Loxahatchee River Management Coordinating Council was established in the legislation that designated the Northwest Fork of the Loxahatchee River as a State Wild and Scenic River. It is the only nationally designated Wild and Scenic River in the State of Florida. Membership on the Council includes representatives of several federal and state agencies, two counties, two municipalities, a regional planning council, several special districts, and several landowner, environmental and citizen groups. We have been charged with inter-governmental coordination as well as reviewing and commenting on agency and landowner activities within the river drainage basin which have the potential to impact the Wild and Scenic River corridor. In accordance with the federal and state legislative directives, the Council has adopted the attached resolution. This resolution is intended to convey to you and other responsible parties, our grave concern over the current health of the river; water management practices within its drainage basin; and the design, construction and operation of new proposed water control projects. Facilities previously authorized and constructed as part of the Central and Southern Florida Flood Control Project as well as other water supply development and drainage projects have greatly affected river flows. Unnaturally extreme high flow as well as low and no flow conditions are now common. Over the past several decades, the cypress floodplain community along several miles of the river has already been killed or severely stressed by saltwater intrusion. Construction of new developments and facilities and other activities proposed for the near future will either protect and restore this magnificent natural resource or allow the past course of slow destruction to become irreversible. Secretary Babbitt August 31, 2000 Page 2 of 2 This Council asks that you do all within your authority to ensure that your agency protect and restore this treasure. A National and State Wild and Scenic River deserves v to es s no less of a commitment. e Sincerely, Anthony. avett Council Chairman cc: Mary Doyle, U.S. Dept. of the Interior RESOLUTION NO. 2 - 00/01 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, SUPPORTING THE LOXAHATCHEE RIVER COORDINATING COUNCIL' S RESOLUTION FOR THE PROVISION FOR RAINFALL AND ECOLOGICALLY BASED FLOWS AND LEVELS IN THE LOXAHATCHEE RIVER SYSTEM; DIRECTING THE VILLAGE CLERK TO FURNISH CERTIFIED COPIES OF THIS RESOLUTION TO THE U. S . DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF GAME AND FRESHWATER FISH COMMISSION, STATE SENATORS CONNIE MACK AND BOB GRAHAM, AND CONGRESSIONAL REPRESENTATIVE MARK FOLEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Tequesta is situated along the banks of the Loxahatchee River (the "River" ) which has been designated by the Federal Government as a National Wild and Scenic River; and WHEREAS, Village of Tequesta residents enjoy its beauty and share its beauty with visitors from across this nation and around the globe; and WHEREAS, locally, The Loxahatchee River Management Coordinating Council has been established to bring together interlocal governmental and municipal agencies for the purpose of commenting on activities which have a potential to impact the River; and WHEREAS, The Loxahatchee River Management Coordinating Council has adopted the attached Resolution (Exhibit "A" ) which the Village of Tequesta supports and for which we seek your help and support . NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Council of the Village of Tequesta, Palm Beach County, Florida, does hereby support and approve The Loxahatchee River Management Coordinating Council' s Resolution attached hereto as Exhibit "A" and incorporated by reference as part of this Resolution, and the Mayor of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. Section 2 . The Village Clerk is hereby directed to furnish certified copies of this Resolution to the U. S . Department of Environmental Protection, Florida Department of Environmental Protection, Department of the Interior, Department of Game and Freshwater Fish Commission, State Senators Connie Mack and Bob Graham, and Congressional Representative Mark Foley. Section 3 . This Resolution shall take effect immediately upon its adoption. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 12th day of October, A.D, 2000 . MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Joann Manganiello Village Clerk word/mydocuments/resolutions/resolution 2-00-01 EXHIBIT "A" • A RESOLUTION OF THE LOXAHATCHEE RIVER MANAGEMENT COORDINATIONG COUNCIL July 17, 2000 Provision For Rainfall And Ecologically Based Flows And Levels In The Loxahatchee River System Whereas, portions of the Northwest Fork of the Loxahatchee River have been designated a National Wild and Scenic River according to the requirements of Section 2(a)(ii) of Public Law 90-542, as amended, and Whereas, Chapter 83-358, FS, designated portions of the Northwest Fork of the Loxahatchee River as a State Wild and Scenic River (Section 4) and includes the Legislative finding that it "possesses outstandingly remarkable ecological, fish and wildlife, and recreational values" "which should be permanently preserved and enhanced (Section 2), and Whereas, the cypress community along several miles of the river has already been killed or severely stressed by saltwater intrusion and no restoration plan has been developed and adopted, and Whereas, the minimum freshwater flow requirement to protect the ecological health of the cypress swamp community and restore the health of the stressed portion of the same community is currently undetermined, and Whereas, the South Florida Water Management District has adopted December, 2001 as the date for established of minimum flows and levels for the Loxahatchee River system, and Whereas, Section 373.042(1)(b), FS, provided that "minimum flows and levels may be calculated to reflect seasonal variations", and Whereas, Section 373.042(1)(b), FS, also charges that, "The department and the governing board shall also consider, and at their discretion may provide for, the protection of nonconsumptive uses in the establishment of minimum flows and levels", and Whereas, Chapter 373.233(4) provides that, "The governing board or the department, by regulation, may reserve from use by permit applicants, water in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlife or the public health and safety", and LOXAHATCHEE RIVER MANAGEMENT COORDINATING COUNCIL Page2 of 4 RESOLUTION July 17, 2000 Whereas, Chapter 83-356.5(3)(o), FS, provides for the establishment of the Loxahatchee River Management Coordinating Council and charges the Council to review and make recommendations upon all permit applications required by this act to ensure that the activity "will not have a substantial adverse impact on resource values in the river area" [Section10.(3)], and Whereas, the Loxahatchee River Management Plan charges the Council "to ensure that effective interagency management coordination is maintained" and with the "vital role in ensuring that the preservation and enhancement goals of the plan are realized ay identifying and resolving coordination problems and enhancing communication between all interests in the river area", and Whereas, the Council was not provided an opportunity to review and comment upon the South Florida Water Management District's staff reports and draft permits 50-00365-W and 50-04118-P for Seacoast Utilities and Golf Digest, and Whereas, these staff reports recognize that "flows below 50 cfs are considered to cause undesirable upstream movement of saline water into the Loxahatchee River", and "stage flow data shows that discharge of less than 50 cfs across the G-92 structure occurs when the stage of the C-18 drops below 14.0' NGVD", and Whereas, the above mentioned permits authorize these withdrawals from the C-18 Canal until water levels "drop below 14.0' NGVD, providing no margin of safety for the river; and this creates a very high likelihood that evaporation and water released to the river will further reduce canal water levels below 14.0' such that a 50 cfs flow can not be maintained, and Whereas, these staff reports recognize that "since the current flows to the Loxahatchee River appear to be insufficient, a series of projects are proposed under the Army Corps of Engineers' Critical Project List, the Comprehensive Everglades Restoration Plan, and the Lower East Coast Regional Water Supply Plan" "for increasing dry season deliveries for the natural system and water supply", and Whereas, none of these plans will currently ensure that adequate water will actually be delivered to the river or that future increases in public water supply demands will not reduce future water deliveries to the river and its ecosystem, Now, Therefore, the Loxahatchee River Management Coordinating Council does hereby resolve and recommend the following actions: 1. The United States Secretary of the Interior is requested to ensure that as the federally sponsored projects within and affecting the greater Loxahatchee River drainage basin (including the Loxahatchee Slough, West Palm Beach Water • LOXAHATCHEE RIVER MANAGEMENT COORDINATING COUNCIL Page3 of 4 RESOLUTION July 17, 2000 Catchment Area, and the C-18, C-18W, M, and L-8 Canals) are designed and constructed, the requirements of and compliance with the federal Wild and Scenic River Act of 1968, As Amended, are achieved and that the outstandingly remarkable ecological, fish and wildlife, and recreational values of the Wild and Scenic Northwest Fork of the Loxahatchee River are permanently preserved and enhanced. 2. The United States Secretary of the Army is requested to ensure that as the federally sponsored projects within and affecting the greater Loxahatchee River drainage basin (including the Loxahatchee Slough, West Palm Beach Water Catchment Area, and the C-18, C-18W, M, and L-8 Canals) are designed and constructed, the requirements of and compliance with the federal Wild and Scenic River Act of 1968, As Amended, are achieved and that the outstandingly remarkable ecological, fish and wildlife, and recreational values of the Wild and Scenic Northwest Fork of the Loxahatchee River are permanently preserved and enhanced. Special attention should be paid to the current preparation of a General Reevaluation Report for the L- 8 Basin Project located in Palm Beach County, Florida. 3. The United States Environmental Protection Agency is requested to ensure that as the federally sponsored projects within and affecting the greater Loxahatchee River drainage basin (including the Loxahatchee Slough, West Palm Beach Water Catchment Area, and theC-18, C-18W, M, and L-8 Canals) are designed and constructed, the requirements of and compliance with the federal Wild and Scenic River Act of 1968, As Amended, are achieved and that the outstandingly remarkable ecological, fish and wildlife, and recreational values of the Wild and Scenic Northwest Fork of the Loxahatchee River are permanently preserved and enhanced. Special attention should be paid to those projects receiving EPA grant funds such as the West Palm Beach M-Canal and Water Catchment Area Projects. 4. The Secretary of the Florida Department of Environmental Protection is requested to ensure that during,the permitting of the construction and operation of structural features within and affecting the greater Loxahatchee River drainage basin (including the Loxahatchee Slough, West Palm Beach Water Catchment Area, and the C-18, C-18W, M, and L-8 Canals), the outstandingly remarkable ecological, fish and wildlife, and recreational values of the Wild and Scenic Northwest Fork of the Loxahatchee River are permanently preserved and enhanced. 5. The South Florida Water Management District Governing Board is requested to ensure that: A. During the planning and design of structural features within and affecting the greater Loxahatchee River drainage basin (including the Loxahatchee Slough, West Palm Beach Water Catchment Area, and the C-18, C-18W, M, and L-8 Canals), the requirements of the federal Wild and Scenic River Act of 1968, As • LOXAHATCHEE RIVER MANAGEMENT COORDINATING COUNCIL Page4 of 4 RESOLUTION July 17, 2000 Amended, are fully met and the outstandingly remarkable ecological, fish and wildlife, and recreational values of the Wild and Scenic Northwest Fork of the Loxahatchee River are permanently preserved and enhanced. B. A rainfall based schedule (such as those planned for Everglades National Park, Water Conservation Area 3, and other areas) is developed and implemented, which provides for water releases from current and future basin storage facilities and structures to provide water levels and flows in the Loxahatchee Slough and River. Such a rainfall-based schedule should be designed to permanently preserve and enhance the slough and river ecosystem. C. Minimum flows and levels for the Loxahatchee River are calculated to reflect seasonal variations. D. Development of minimum flows and levels provide , for the protection of nonconsumptive uses such as recreation, wildlife utilization of the Loxahatchee River ecosystem including both freshwater and estuarine portions, maintenance of conditions which provide for the propagation of cypress trees and a complete natural forested floodplain understory and animal community and protection and enhancement of a healthy estuarine natural community. For the Loxahatchee River Management Coordinating Council, providing this resolution by great majority adopted on July 17, 2000. Anthony-Gravett Chairman