2011.08.24 -- UCF, SJRWMD Consent Order on Arboretum

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MEMORANDUM

TO: Governing Board

THROUGH: Kirby B. Green III, Executive Director

X

Aug 31 2011 1:54 PM

Dave Fisk

David W. Fisk, Asst. Executive Director

XSigner 2

Mike Register, Dept. Director

Aug 25 2011 8:21 AM

Mike Register

Dept. of Environmental Resource Permitting

Hans G. Tanzler III, General Counsel

Aug 24 2011 12:16 PM

Hans G Tanzler

FROM: Kris Davis, Asst. General Counsel

Aug 24 2011 11:12 AM

Kris Davis

RE: Consent Order for University of Central FloridaPermit Numbers 4-095-20026-7 and 40-095-20026-91Consent Order Number 937759File of Record No. 2010-16

DATE: August 24, 2011

RECOMMENDATION

District staff recommends that the Governing Board approve the attachedConsent Order, which has been fully negotiated with, and will be executed by, theUniversity of Central Florida (Respondent), and authorize the Executive Director toexecute the Consent Order on behalf of the Governing Board.

BACKGROUND

On August 10, 1993, the District issued permit number 4-095-20026-7 to theRespondent, authorizing the universitys master drainage plan, including a system ofmaster stormwater ponds to be constructed in phases to serve future campusdevelopment, associated wetland impacts, and a mitigation plan. In accordance withthe District permit, the Board of Trustees of the Internal Improvement Trust Fund

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recorded a Conservation Easement (CE) over portions of the university campus asmitigation for wetland impacts. However, the Respondent subsequently conducted thefollowing unauthorized activities within the CE area: removal of 1.05 acres of trees andunderbrush; (2) installation of a small portion of a baffle box; (3) re-alignment of anexisting drainage canal; (4) installation of a bridge over the canal; (5) construction of

gravel paths; (6) construction of a weir within the canal; and (7) placement of fill tocreate raised plant beds. In addition, the Respondent conducted the following activitiesoutside of the CE area but within portions of the wetland and upland Riparian HabitatProtection Zone (RHPZ) on the campus without first obtaining a District permit: (1)filling of an existing drainage ditch; (2) installation of a portion of a baffle box; and (3)construction of a pump shed. Upon learning of these violations, District staff sent theRespondent a letter concerning the unauthorized activities and informed theRespondent of the Districts intent to resolve the matter through the entry of a ConsentOrder.

DISCUSSION

District staff worked closely with the Respondent to resolve the outstandingcompliance issues. As a result, the Respondent removed a number of theencroachments from the CE area. The Respondent also obtained a District permitauthorizing the activities that had occurred within the RHPZ wetlands and uplands.Additionally, the Respondent requested that the District release a 7.847-acre portion ofthe CE where the impacts occurred in exchange for Respondent placing a CE over alarger (17.216-acres), more ecologically valuable area within the UCF campus.Because the impacted area is no longer under a CE, the District is not requiring theRespondent to replant that area. In lieu of payment of a monetary penalty, theRespondent has proposed an Environmental Lift Plan (the ELP) consisting of wetlandenhancement activities within the UCF campus that would be used to offset theDistricts proposed settlement penalty of $19,100.00 and staff costs of $3,634.97.

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Documents

2011.08.24 -- UCF, SJRWMD Consent Order on Arboretum