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Work Continues in the Journey to 2017 forecast: Restore Lake Jesup Steakhouses beef up menus with new twists on American classics VOLUME 21 NUMBER 3 ◆ MARCH 2017

Rockville, MD - When it comes to American cuisine, there are few things more iconic than steakhouses. The FDOT Innovation slabs of marbled meat, the sizzling Addresses Challenges grills, the oozing butter, and the dripwith Sunshine Skyway ping bravado, maybe even a cowboy hat or two for ambiance—it's enough Bridge to make even fictional steakophile Ron Analysis: PAGE 3Swanson misty-eyed.

Catering industry Yet for all the traditional steak dinners ordered daily, there are restaurants revenues on How is Artificial the rise 4 nationwide pushing the concept of the Intelligence Being Applied all-American steakhouse to new culinary heights, according to market reto“Big the Environmental Data” — search firm Packaged Facts in the brand Industry?

Does your new report 2017 Forecast: Culinary PAGE 4Trend Tracking Series. restaurant "The steakhouse is back and will need it?

7 capture our attention in 2017. Not that Lake O Water Levels Must the classic restaurant style ever disapChefs and consumers both want and sustainable sourcing, local and peared, but a renewal of the model is Be a Priority their meat to taste delicious and to feel seasonal produce, and global flavors Rise Bisquits taking place in response to new sources PAGE 10 good about its’ consumption, too.

This and forms, all done within the steakof beef and new flavorful expressions of Donuts to open new breed of steakhouse broadcasts its house format showcasing cuts of meat the concept that get chefs and in Coral Springs 11 Kings Bay Project Shows diners excited," says David Sprinkle, re- mission to support local ranchers, fac- as entrées with a choice of sides. tor in sustainability and animal welfare, Moreover, new menu categories (such search director, Facts. Board members District staffPackaged and Governing tour Lake Jesup with representatives from AECOM, DEP, Seminole County and FDOT. Off Resilient Restoration and create a dining experience that as flatbreads) and service elements Today's steakhouse menus increasByfeature DANIELLE natural connection to the St. Johns Riverthe concept. and the buildup of a thick layer of organic showcases culinary flair, not just a grill freshen Taco spices InDelAction ingly grass-fed FITZPATRICK cattle, locally to facilitate easier muck on the lake bottom. master's skill at cooking steaknavigation to the re- along the raised animals, heritage varieties, meat up expansion in PAGE 13 Lake Jesup, oneaged of three majorand lakes inquested river.

Later,These the U.S. Army CorpsAbout of En- the Report doneness. operations butchered and dry in-house, the Southeast 13 dishes to be moreainclusive, 2017 Forecast: Culinary the that St. Johns middle gineers excavated channel that diverted However, amidstTrend these challenges, the St. stem River’s from the wholebasin, ani- hasare also designed more of a great place for all kinds of Tracking Series offers an outlook onManagement the complicated environmental past, yet the river’s flow past Lake Jesup. This, Johns River Water District mal,a not just the premium cuts. And people to dine well, not just traditionculinary trends—the foods, dishes, ingreis improving due to Creative the effortsside of many combined with a train causeway that cut (District), Florida Department of Envithat's just the meat. minded men on expense accounts.resulted dients Packaged Facts(DEP), Florida Fish dishes in lieu of oldorganizations standards, global central Florida and projects through the floodplain, in onlyand a flavors—that ronmental Protection As a result, the modern steakhouse expects to grow in popularity in 2017. andworking seasonal to flavors, and a wider menu restore it. single channel connecting the two, limitand Wildlife Conservation Commission, is increasingly similar other modern selection also distinguish these new ing the river’stocapacity to circulate water Seminole and Orange counties, local cities Advertisers Directory . . . . . . . 2 See STEAKHOUSE page 11 restaurants with a focus on distinctive school operations.

Appetizers:

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This expansive lake, which shifts from 8,000 to 16,000 acres, depending upon wide-ranging water elevations, has experienced alterations dating back to the 1800s, as Florida has developed and population increased.

The urbanized development of central Florida played a key role in the decline of the lake’s water quality. Decades of wastewater discharges to the lake’s tributaries caused a tremendous increase in nutrient inputs, leading to chronic algal blooms

and an organization called the Friends of Lake Jesup, are making concerted efforts aimed at restoring and rejuvenating this iconic body of water.

Jollibee's U.S. expansion continues with first Florida location opening Steamboats began modifying the lake’s

In 1994, the Florida Legislature passed the CONTINUED ON PAGE 4

Jacksonville, FL - After much anticbeen the talk of the town since 2016.

"As Jollibee debuts in Florida, we ipation and excitement, Jollibee, the With the opening, Floridians will anticipate seeing not only a multilargest Asian restaurant company, is get to try Jollibee's signature menu tude of excited Jollibee patrons waitnow open in Jacksonville. This is the items such as the world famous ing to get their hands on their Jollibee 36th store in the US, as well as Chickenjoy. This dish is delicately favorites, but also first-timers waiting the first in the state and breaded to be crispylicious to have their own Jollibee experiSoutheast US. It opened on the outside and juicylicious ence," said Jose Miñana, Jollibee to the public on inside. The well-loved Jolly Foods Corporation's Group President March 18, 2017.

Spaghetti is a favorite of both kids "There's no

By LUNA E. PHILLIPS how the federal government andfor the North state America. points for public comments.

Jacksonville and kids-at-heart because greater joy for us than serving the intend to manage the Lake – under opera- Stakeholders can locate a variety of doci sLake t h eOkeechobee most its signature sweetneeds and tastes of Jollibee in website pertaining is the literal and figurationalofflexibility. uments on thefans Corps’ populous city in style sauce, loaded with the community. At Jollibee, we aim to tive heart of the Central and South Florida to LOSOM, from the Final Environmental the Sunshine State, chunky slices of savory bring families together for happy Project. As the largest freshwater lake in The LOSOM Lake schedule was finalized Impact Statement (EIS), to two Biological as well as home to ham, ground meat, moments over great tasting food with the U.S., it provides many important func- and adopted on Aug. 12, and replaces a Opinions, stakeholder comment letters, the largest Filipinoand hotdog. Other superior value, served with warm tions such as flood control, water supply, previous lake schedule called LORS08, and the recently signed Record of DeAmerican community classic menu faand friendly service – our own brand and recreation. which was vorites established in the 2008. The cision. The Final EIS was posted to the innavigation Florida. The longinclude of joy."

LORS08 schedule wascheesy adopted in response Federal Register onofJune 24 with a 30-day awaited arrival of juicy and The brand has become a symbol The Lake to the need to repair theand Herbertnostalgia Hoover and warm review period. memJollibee in thehas citybeen has regulated for decades, Jolly Hotdog, childhood with lake schedules dating back to the Dike, the around thePie, Lake. LORS08 thedike Peach Mango ories for many overseas Filipinos in 1940s. It is managed by the U.S. Army was envisioned as a with temporary, public NotJollibee surprisingly, the Lake is important to which is made real the U.S. To many, is the go-to Corps of Engineers with the South Florida safety-driven schedule, implemented to of Filipinos many stakeholders across south Florida, Philippine sweet manrestaurant for both special a flaky golden Water Management District (District) lower goes lake and stages to allow the repairs to be with many of these stakeholders have See JOLLIBEE page 15 brown crust. serving as the local partner. Together, completed over three years. competing interests. The battle cry of

LOSOM: Lake Okeechobee’s New Regulation Schedule Focused on Operational Flexibility

the State and Federal government work to release water based on the regulation schedules and considerations.

A new Lake schedule, which was finalized in August, is unique and precedent-setting not only in its development but also in Volume 46, Number 5

and flush nutrients from the lake.

The Corps started the development of LOSOM in 2019, starting with scoping meetings and various sub-team meetings.

The process then shifted into modeling iterations targeting the draft water control plans, Biological Opinions, and various

needing to balance interests and ensure that no one stakeholder benefits to the detriment of another led to the concept of managing the Lake under a more flexible schedule.

CONTINUED ON PAGE 9

DEP Proposing Legislation for New Seagrass Restoration Permit

PATRICK GILLESPIE

The Florida Department of Environmental Protection is proposing amendment of Chapter 62-330, F.A.C. to create a new Rule 62-330.603, F.A.C., which will generate a new General Permit for Seagrass Restoration.

Staff Writers BLANCHE HARDY, PG Senior Correspondent

LINA ALFIERI STERN

MBA, MSRED, LEED Green Associate

The proposed changes will simplify and clarify rule language, increase efficiency, and improve coordination with other agencies for seagrass restoration projects.

DEP reports roughly 2.2 million acres of seagrasses reside within the state’s coastal waters. Seagrass beds help maintain water clarity by trapping sediments and particles while stabilizing the sea floor with their roots and rhizomes. Seagrass beds provide shelter for fishes, crustaceans and shellfish and their related biosphere provides food for numerous marine animals and water birds.

Loss of Florida seagrass due to degraded water quality was noted as a primary cause of manatee deaths in a lawsuit filed by Earth Justice against the U.S. EPA on behalf of the Center for Biological Diversity, Save the Manatee Club, and Defenders of Wildlife three years ago.

The case stated, “Hundreds starved to death in 2021 because unchecked pollution is killing seagrass.” Over a thousand manatees were lost in what was described as a devastating “Unusual Mortality Event.” According to the advocates, over half the impacted manatee died of starvation.

As a result of the lawsuit, an agreement was reached with the U.S. Fish and Wildlife Service to revise what constitutes critical habitat for the Florida manatee by September this year.

Just before the filing of the lawsuit, the

Contributing Writers and Columnists DANIELLE FITZPATRICK St. Johns River Water Management District FDOT has relied on wave attenuators to benefit bridge support and the environment.

state announced the allocation of $30 million in state funds for manatee rescue in 2022-23. Florida’s manatee rescue funding initiative was presented by DEP Secretary Shawn Hamilton as a water quality improvement effort focusing on short and long-term science-based strategies to improve water quality, including expanded monitoring and investment in long-term water quality improvement projects to reduce the amount of nutrients going into the state’s waterways.

The currently proposed rule changes are intended to streamline seagrass restoration. Amendments to the existing regulatory language and the new rule will create a new General Permit for Seagrass Restoration.

The permit will facilitate the planting, restoration, and enhancement of native Florida seagrass within estuaries, lagoons, or other tidal waters, solely for restoration purposes. The restoration site cannot exceed 20 acres and may not be part of mitigation to offset impacts of another project or be associated with mitigation banking, according to a copy of the proposed rule.

The permit will not authorize seafloor regrading or recontouring prior to planting and the restoration site should have historic evidence of seagrass coverage or evidence of suitable site conditions to allow seagrasses to grow. To ensure viability DEP proposes to require that the

work be conducted or directly supervised by individuals having expertise designing and implementing seagrass restoration activities. The required expertise can be demonstrated by submittal of prior seagrass restoration or seagrass mitigation projects and associated monitoring reports that demonstrated success.

Proposed plantings need to consist of Florda native seagrass species as listed in the rule. The plants will be required to come from a certified aquaculture facility that holds a valid aquaculture certificate of registration issued according to Florida Statute and Rule. Newly planted grasses may not be sheltered to prevent access by marine animals. The proposed rule also requires documentation of the project as well as demonstration of project success.

DEP is also considering similar rule changes to facilitate a generic NPDES permit to allow discharges associated with experimental technologies to control Red Tide and Blue Green Algae. This proposed generic permit would authorize the discharge of pollutants into waters of the state for activities associated with experimental technologies to control algae outbreaks.

A summary of the Florida Red Tide Mitigation and Technology Development Initiative is available for review of current approaches under consideration for this permit. ●

NWFWMD Expands Agricultural Cost-Share Program

By STAFF REPORTS The Northwest Florida Water Management District announced the expansion of its cost-share funding program for agricultural producers during a kickoff meeting held Aug. 15 in Marianna.

The District not only expanded the coverage area for eligible participants to include the Chipola River springs groundwater contribution area but is also making funding opportunities available for livestock operations.

The District launched the cost-share program more than 10 years ago within the Jackson Blue BMAP area as the District began partnering with local producers to help protect water quality and reduce water usage.

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Editor-In-Chief

By BLANCHE HARDY

The proposed rule is part of the agency’s Division of Water Resources Management, Submerged Lands and Environmental Resources Coordination Program. Florida possesses among the most abundant seagrass beds in North America and sea grass loss has been a consistent challenge, prompting extensive restoration efforts on both the east and west coasts of the state.

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The program features a 75 percent costshare incentive (up to $100,000) which helps fund the purchase of modernized equipment designed to reduce water usage and decrease the amount of fertilizers used for growing operations.

In addition to maintaining its funding opportunities for growers, the expanded program will also include cost-share incentives for livestock operations to help purchase items such as exclusionary fencing, portable corrals, portable feeders, and shade management.

To be eligible for the cost-share program, project sites must be located within the Jackson Blue BMAP or Chipola River springs groundwater contribution area.

The project site must be in regulatory compliance and must be enrolled in an applicable Best Management Practic-

es program coordinated by the Florida Department of Agriculture and Consumer Services.

Additionally, producers must either own or lease the land housing the project site.

All irrigation projects must undergo an evaluation by the Mobile Irrigation Lab. Qualified projects may not be funded through other cost-share programs.

More information is available online at https://nwfwater.com/Water-Resources/ Agriculture/Jackson-Blue-Spring-GrantFunding-Programs/. Interested applicants can also email Case.Pilcher@nwfwater. com or Gary.Chew@nwfwater.com. ●

September/October 2024

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Florida Specifier

Wave Attenuators Prevent Erosion, Promote Seagrass Growth at Sunshine Skyway Bridge

By L.K. NANDAM The Sunshine Skyway Bridge, which connects Manatee and Pinellas counties, is Florida’s flagship bridge. It’s a vital connector that allows freight, commuters, and tourists to travel freely throughout the region. Cruise ships and containerships pass under the iconic structure as they make their way from the Port of Tampa to destinations all over the world.

FDOT has made strategic investments in safety measures to protect the bridge.

One of the most notable features is the installation of ‘Dolphins,’ which serve as physical barriers and rock islands that completely surround the main channel supports and reach all the way to the sea floor. While these protect the bridge from vessel strikes, FDOT determined a unique approach was necessary to ensure the Sunshine Skyway remains secure for years to come.

ments for the project. Despite facing permitting challenges, FDOT staff and the engineers were able to acquire the permits (via the Southwest Florida Water Management District and U.S. Army Corps of Engineers) on schedule.

This allowed the contractor to complete most of the construction just before Hurricane Idalia in August 2023 by immediately testing the WAD system prior to landfall.

The WADs have far exceeded expectations for how quickly marine life has migrated to the WADs and the new seagrass growth

that has occurred behind the WADs. Residents and visitors have discovered these newly created habitats as excellent snorkel destinations that will bring benefits and enjoyment for years to come.

The project has been successful as it improves the resilience of the I-275 connector between Manatee and Pinellas counties with a total of 844 WAD units placed in the water. Not only did it solve the erosion issue, but the WADs withstood the storm surge from Hurricane Idalia and provides a fish habitat and new seagrass for the

area, which are vital to Florida’s sportfishing and ecotourism industries.

FDOT is proud of the innovative thinking of our design and construction teams that led to this unique solution for Tampa Bay. ● L.K. Nandam, P.E. is FDOT District 1 Secretary

Due to the ongoing erosion issues along the west side of the bridge near the Manatee County fishing pier, and the need for seagrass mitigation for future project needs, the FDOT Drainage and Permitting team developed the idea of utilizing two breakwaters to provide wave attenuation to prevent the erosion of the recently repaired seawall and fishing pier access road, as well as allowing seagrass growth behind the breakwaters to satisfy future seagrass mitigation needs and enhance the Tampa Bay marine estuary.

Wave Attenuating Devices (WADs), which are a proprietary product of Living Shoreline Solutions, were preferred for this project in lieu of traditional breakwaters using rubble rip-rap, or large boulders, due to the deeper waters and large physical footprint being too costly to construct.

Additionally, WADs promote seagrass growth, provide fish habitat, improve water clarity, and increase protection during hurricanes by attenuating up to 90 percent of the wave energy. Despite roughly 20 years of use in various locations around the country, FDOT’s use of the WADs for this project marks the first time any state or federal-level agency in the U.S. has deployed them.

FDOT has relied on wave attenuators to benefit bridge support and the environment.

The design team’s use of the WADs system versus a more traditional breakwater has proven to be a faster, better, and cheaper method of constructing breakwaters while exceeding the wave attenuation require-

Florida Specifier

September/October 2024

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Sustainable Innovation: How Artificial Intelligence is Advancing the Environmental Industry

By LINA ALFIERI STERN When Jason Sciandra was hired by the city of Fort Myers as the city’s Utilities Engineer in November of 2022, he was faced with a consent order to improve the city’s aging infrastructure and provide a clear direction for short, medium, and longterm capital improvements and management strategies.

According to the 2020 U.S. Census, Fort Myers’ population had increased by 38.5 percent over the 10 years prior and, like many municipalities, the city faced challenges providing its residents with services. Charged with designing and implementing a Capital Improvement Plan, Sciandra started working with consulting firm GHD with the intention of spearheading the adoption of new technology to address the challenges.

To solve problems, the team created a platform that uses artificial intelligence to analyze data from different frameworks to inform decisions on maintenance and operational efforts. These frameworks include data points related to capital planning, risk management, asset age and expected longevity, financial resources, and project prioritization, among others. The result is a capital improvement plan for the city that is based on scientific inputs and aligned with optimizing funding.

“The City of Fort Myers’ vision is to be the best municipal utilities provider in our region and each year we experience increased pressure to do more with less,” Sciandra said. “Technologies like the AI application we are developing will allow us to better allocate our limited resources.”

Artificial Intelligence (AI) and its appliFROM LAKE JESUP ON PAGE 1

Lake Jesup Act, prompting the District to launch diagnostic studies into the water quality issues. District scientists expanded water quality sampling and hydrologic modeling of Lake Jesup and worked with partners on initiatives aimed at revitalizing the lake.

DEP spearheaded the removal of wastewater treatment plant discharges from the lake’s tributaries and subsequently formulated a Total Maximum Daily Load and Basin Management Action Plan (BMAP).

Through the BMAP process, local governments within the lake’s watershed have implemented projects that decrease the amount of nutrient loading into the lake.

“DEP and our local governments have

cations have grown tremendously in the most recent years. These technologies are used across many sectors of the environmental industry and have already transformed and advanced our approaches to environmental sustainability. AI, also known as machine learning, refers to the development of computer systems that can perform tasks that typically require human intelligence, such as visual perception, speech recognition, decision-making, game playing, and language translation.

The theory behind AI involves using algorithms and machine learning techniques to enable computers to learn from data, recognize patterns, and make decisions or predictions. From energy efficiency to biodiversity conservation, AI is proving to be a powerful tool in achieving a sustainable future.

The University of Florida is ranked among the best U.S. Schools for AI, offering courses of study in AI across all disciplines and even boasting one of the largest computers in the country focused on AI computations, the GATORTRON. At UF’s Institute of Food and Agricultural Sciences (IFAS), scientists are using technologies such as drones, satellite imagery, and sensors to improve crop management.

Examples include detecting tomato diseases with drones, assessing plant health with AI, and reducing pesticide use with computer vision. By analyzing soil data, predicting crop yields, and identifying pest and disease outbreaks, AI can help farmers optimize their crop production while reducing the use of pesticides and fertilizers as well as labor. For example, Tampa-based Harvest CROO Robotics is addressing labor shortages by providing a service that automates harvesting and packing of worked hard to reduce nutrient loads going into the lake,” said Dr. Erich Marzolf, the director of the District’s Division of Water Resources. “However, legacy nutrients remaining in the muck layer contribute to ongoing algal growth, perpetuating the cycle of water degradation.”

With the lake’s depth only reaching 6-to-10 feet at its deepest, even a moderate wind can disturb sediment at the lake’s bottom, resuspending these legacy nutrients into the water. To help address the issue, the lake’s BMAP was updated in 2019 to include internal nutrient sources.

In addition to water quality monitoring, harmful algal bloom sampling and measuring nutrients released from the

strawberry crops.

There are many other ways machine learning is being deployed in environmental applications.

AI is improving outcomes in energy efficiency. By analyzing energy usage patterns and optimizing energy consumption, AI can help reduce energy waste and lower carbon emissions. For example, using smart meters and real-time sensors that can not only alert but also react to changing conditions, many large building managers now operate fully automated systems that work dynamically with changes in time of day, seasons, number of occupants, and outside weather, to name a few variables. Sensors can monitor various factors in a structure, such as sunlight, human traffic, temperature, and humidity, to optimize lighting and air conditioning systems. Air conditioning and heating systems can adjust power settings based on sensor data.

The industry around these so-called smart buildings is rapidly increasing, and universities, such as the Florida Institute of Technology for example, offer increasingly popular degreed areas of study in Smart Construction. Many of these technologies are on display at the Carrier Center for Intelligent Buildings in Palm Beach Gardens, where visitors can interact with various installed technologies to learn about the featured solutions.

As in the Fort Myers case, artificial intelligence can help run utility energy grids and water infrastructure systems, including pinpointing areas requiring maintenance.

According to national studies, an average of 14 percent of treated water is lost due to leaks, with some municipal locations muck, the District is exploring innovative methods to enhance the lake’s water quality by reducing the legacy nutrients. The Lake Jesup Nutrient Reduction Project will employ an innovative media-based nutrient removal system expected to annually remove nitrogen by 23,800 pounds and phosphorus by 2,800 pounds. The District is also working with DEP to evaluate chemical treatment technologies to reduce the flux of phosphorus from Lake Jesup’s sediments into the water column to reduce algal bloom intensity, duration and frequency. The District’s cost-share program, in collaboration with local partners and stakeholders, has also facilitated numerous projects benefiting both Lake Jesup and its surrounding region.

“Having willing partners is crucial for continuing the restoration efforts for Lake Jesup,” said Cammie Dewey, the District’s strategic planning basin coordinator for the Middle St. Johns River Basin, where Lake Jesup is situated. “For example, Seminole County has utilized cost-share funds to complete quite a number of retrofit and

reporting losses of 60 percent and higher. Electricity losses are estimated by the Department of Energy to be around five percent.

AI can aid in biodiversity conservation. By facilitating the gathering and investigating of data on species populations, habitats, and threats, artificial intelligence is being used to help inform conservation strategies and improve understanding of the complex relationships between different species and their environments. AI can compute and develop scenarios based on likely outcomes to different intervention strategies, providing invaluable feedback to scientists and policy makers alike.

As artificial intelligence implementation continues to advance and become more integrated into industry and people’s daily lives, it’s essential to understand the risks it poses and take steps to mitigate them.

While there are benefits, machine learning can create excessive energy consumption, e-waste from discarded computers and equipment, privacy and security issues, worker displacements, and human-induced bias and discrimination caused by faulty programming.

To mitigate these biases and get accurate outcomes, it’s essential to train and calibrate machine learning models properly.

This involves using diverse and representative data sets, employing appropriate algorithms and techniques, and regularly monitoring and testing the model’s performance. ●

flood protection projects that have also contributed to improving the lake’s water quality.”

The District and Seminole County have also acquired 8,575 acres of floodplain surrounding Lake Jesup. These conservation areas safeguard the extensive floodplain marshes that support the lake’s restoration efforts and increase flood protection in the area. Additionally, they offer a recreational area for activities such as hiking, biking, birding, horseback riding and wildlife observation.

“We’ve made significant strides and remain dedicated to continued collaboration with stakeholders to find solutions,” Marzolf said. “Our end goal is the revitalization of Lake Jesup, thereby enhancing the quality of life for residents, animals and visitors across central Florida.” ● Danielle FitzPatrick is a Public Communications Coordinator at the St. Johns River Water Management District

District staff members Peter Henn (land management program manager), left and Derek Busby (cost-share project manager) visit a canal in Lake Jesup

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September/October 2024

Florida Specifier

Efforts to Save The Monarch Butterfly Take Flight

By MALLORY LIZANA With their striking orange and black wings, monarch butterflies are iconic in the insect world and serve as symbols of conservation. Monarchs play a crucial role in pollination, thriving on milkweed, where they lay eggs and their caterpillars feed.

After developing through the cocoon phase, monarchs begin their remarkable two-way migration, guided by environmental cues as the weather turns cold, making them the only butterflies to undertake this journey, which for monarchs is to the north and east. However, looming threats may suggest the species could be teetering on the brink of extinction.

According to the Center for Biological Diversity, monarchs numbered more than 1 million in the 1990s before nearly going extinct in 2020. By 2022, experts estimated nearly 250,000 are still in existence. Several studies by wildlife groups suggest that numbers declined again in 2024, based on observations throughout the United States and Mexico.

The decline of monarch populations is compounded by several critical threats, such as habitat loss. Pesticides and herbicides from agriculture, primary drivers of habitat changes, have posed a significant danger, with insecticides—particularly neonicotinoids (neonics)—being the most widely used across the agriculture industry. While neonics effectively eliminate pests, they often have unintended consequences, impacting not only the targeted pests, but also affecting other species such as monarchs and other pollinators.

Neonics stay active in the soil for years when they are applied and can be carried away through waterways, causing widespread destruction well beyond their intended use. These pesticides not only can affect monarchs directly, but can also jeopardize their primary food source: milkweed. Herbicides such as glyphosate have significantly damaged milkweed populations, even leading to its complete eradication in certain areas, depriving monarchs of a crucial host plant and nectar source.

Urbanization poses a persistent threat to monarchs, as rapid development en-

croaches on their habitats, leading to the loss of open spaces and resources like milkweed. In the southeastern United States, urban sprawl has notably reduced available monarch habitats. Increased tourism and development near critical migratory stopover sites can further exacerbate habitat loss and pollution.

Monarchs rely on environmental cues to time their migrations which make them vulnerable to environmental shifts, including climate change. While their hardiness from experience in different weathered regions remains on their side, temperature changes could still have negative impacts on milkweed, necessitating monarchs to seek new areas.

In Florida, conservation efforts have gained momentum in recent years.

Florida’s strategic position as a migratory stopover for monarchs makes it an essential area for conservation. The Florida Fish and Wildlife Conservation Commission has been working closely with local communities and environmental groups to establish monarch-friendly habitats.

Alongside efforts like those seen in Texas and other southeastern states, Florida has increased educational campaigns to reduce pesticide use and promote native plants in urban gardens. Local governments have started passing ordinances to protect pollinator habitats, and state programs now offer incentives for landowners who create monarch waystations and maintain butterfly-friendly landscapes.

While monarch protection remains mainly at the state level, there was a federal act proposed in 2023 that really put the species on the map: The Monarch Action, Recovery, and Conservation of Habitat (MONARCH) Act. This act aimed to protect and restore the natural habitats of western monarch butterflies on a scale that exceeds state borders. It was originally introduced in the House by U.S. Representative Jimmy Panetta (D-CA) and in the Senate by U.S. Senator Jeff Merkley (D-OR).

The MONARCH Act was written to authorize $62.5 million for conservation projects and an additional $62.5 million to implement the Western Monarch Butterfly Conservation Plan, a 50-year strategy to protect western monarch populations. The

bills didn’t advance in either chamber.

Wildlife advocates are concerned about the adequacy of the proposed funding to effectively tackle climate change and the decline of pollinator habitats.

One key issue is whether the resources will be equitably distributed across the vast seven-state region in the western United States where monarch populations are declining. Additionally, if reintroduced, the bill is likely to encounter opposition from industries, particularly agriculture and pesticide companies, which could experience economic losses and disruptions due to the proposed regulations. Another chal-

lenge is striking the right balance between state and federal control in conservation efforts to meet regional needs, but if these challenges are effectively addressed, the MONARCH Act could achieve significant success, if adopted.

The interconnectedness between monarch conservation and broader ecological health underscores the vital importance of protective measures to counteract habitat loss, and there are various ways to make a difference.

Key steps include implementing stricter regulations on pesticides, especially neonicotinoids, and adopting pollinator-friendly farming practices. Urban areas can incorporate monarch-friendly habitats, and can be supported by incentives, such as tax breaks and educational grants for community gardens. Initiatives on public lands can model monarch-friendly urban planning and encourage community involvement, which can be further supported by awards and public recognition.

Public lands in Florida and the southeastern U.S. can serve as models for monarch-friendly planning, while national collaboration and education can foster community involvement. The elimination of monarchs would have profound effects on ecosystems, as these butterflies are crucial pollinators and herbivores. Their decline disrupts the intricate interdependencies within ecosystems, causing imbalances that affect overall environmental health. Protecting monarchs—and all pollinators—is vital for the health of shared ecosystems. ● Mallory Lizana, Esq., is an Animal Law LL.M. Candidate 2024, at Lewis & Clark Law

Florida Specifier

September/October 2024

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ensure the preservation of Florida’s unique natural resources and thriving communities from the effects of rising seas, weather extremes, intensified flooding, and coastal erosion. The Florida Resilience Conference is our response to this challenge.

SYMPOSIUM ON FLOODING ADAPTION

THE 29TH FLORIDA REMEDIATION CONFERENCE

When: Oct. 28-31 Where: Embassy Suites Orlando – Lake Buena Vista South, Kissimmee

When: Nov. 4-6 Where: Rosen Centre Hotel, Orlando

https://www.fsbpa.com/annual-conference.html

Across the state, inland and coastal communities both large and small are taking bold steps to prepare for a wetter future. This convening of practitioners, researchers, advocates, and community stakeholders will focus on projects in Florida that demonstrate a paradigm shift in addressing flooding impacts on community design, ecosystem restoration, housing, and infrastructural development.

2024 FLERA ANNUAL CONFERENCE 3RD ANNUAL FLORIDA RESILIENCE CONFERENCE FEATURING THE 67TH FSBPA ANNUAL MEETING When: Sept. 11-13 Where: Hyatt Regency Coconut Point.

Bonita Springs The Florida Shore & Beach Preservation Association and Resiliency Florida are hosting the 3rd Annual Florida Resilience Conference on September 11-13, 2024, at the Hyatt Regency Coconut Point in Bonita Springs, Florida. The purpose of the conference is to provide a professional forum for in-depth discussion on the state’s burgeoning resilience programs.

The conference program will feature concurrent sessions on: • Beach management • Energy • Infrastructure - gray, green, cyber, transportation • Smart Planning

When: Sept. 17 (tentative Wetlands Workshop), Sept. 18-19 Where: Pensacola Beach Hilton, Pensacola Beach Florida Local Environmental Resource Agencies (FLERA) hosts its annual conference. https://www.flera.org/2024-annual-conference U.S. POULTRY AND EGG ASSOCIATION ENVIRONMENTAL MANAGEMENT SEMINAR When: Sept. 19-20 Where: Hilton Sandestin Beach Golf Resort & Spa https://www.uspoultry.org/programs/education/seminar/#env

A cross-industry approach is needed to

The goals of the symposium are: • Share project findings and learn how they address flooding impacts • Share successful approaches and lessons learned from a community perspective • Promote interdisciplinary exchange of ideas During this conference, teams representing site-specific projects from across Florida’s diverse landscape will share their work, process, experiences, and results. In addition to providing participants with opportunities to cultivate new partnerships, this exchange of knowledge will result in the publication of an edited volume of case studies spotlighting solutions to flooding in Florida. A call for presentations will be forthcoming in the next few weeks. https://conference.ifas.ufl.edu/flooding/

The Florida Remediation Conference (FRC) is one of the premier soil, air and water remediation conferences in the industry. FRC attracts over 400 attendees comprised of a mix of industry representatives, developers, consultants and contractors, and over 70 exhibitors and sponsors from across the country. It is far from just being a Florida event. https://floridaremediationconference.org/

FLORIDA SOCIETY OF ENVIRONMENTAL ANALYSTS FALL CONFERENCE When: Nov. 6-8 Where: Embassy Suites, Orlando Lake Buena Vista South This meeting promises to be both informative and beneficial to all field samplers, operators, engineers, analysts and managers in the environmental field. Come join us for an opportunity to network and exchange ideas and information. We are offering a “data users” track at this conference as well for those that use the data from the labs. https://www.fsea.net/event-5822877

Florida State Parks System Introduces, Pulls Back Plans for Golf, Pickleball, Cabins at Parks

By STAFF REPORTS The Florida State Parks system in August introduced plans to design and construct pickleball courts, disc golf courses, golf courses, and overnight lodging at several park locations, efforts which are part of the Department’s 2024-2025 Great Outdoors Initiative. After public pushback, and organized protests by environmental groups, the Department cancelled public meetings and withdrew plans.

According to draft Unit Management Plan Amendments posted to the Florida Department of Environmental Protection’s website, the Department proposed different solutions to attract new visitors to the state’s award-winning parks system. Eight public meetings were originally scheduled at different locations on Aug. 27. On Aug. 23, after scores of calls and public interest in commenting on the plans, the Department said it was rescheduling meetings.

On Aug. 28, Gov. Ron DeSantis announced the Department would go, “back to the drawing board,” adding that he had not approved the plans.

“Here’s the thing – I’d rather not spend any money on this, right? I mean, if people don’t want improvements, don’t do it,” he said. “They’re not doing anything this year.

They’re going to go back and basically listen to folks. A lot of that stuff was half baked and not ready for primetime.”

At Jonathan Dickinson State Park in Hobe Sound, the Department documentation stated that golf and associated facilities would be, “designed and developed in harmony with the surrounding natural environments and will meet or exceed standards provided by the DEP/University of Florida IFAS Best Management Practic-

6

es or the Audubon Cooperative Sanctuary Program Standards.” Additionally, the plan would prioritize avoiding sensitive habitat in the design of the facilities, using already improved lands at the park.

At Honeymoon Island State Park in Dunedin, the Department proposed using “an area of altered upland” of about 7,200 square feet to build pickleball courts.

“Pickleball continues to be the fastest growing sport in the U.S., so why not add it to one of our most visited parks?” the Department wrote on its X account on Aug. 21. “The area near the South Beach

Access at Honeymoon Island State Park is already modified and can be easily converted to pickleball courts.”

Other draft management plans proposed glamping and cabin sites and other recreational activities.

At Grayton Beach State Park, plans called for design of pickleball courts and a disc golf course to, “diversify recreational opportunities and meet demands for new trends.” The plan included up to four pickleball courts and one disc golf course where “day-use activity and camping are concentrated.”

The Florida State Parks system boasts 175 state parks spanning nearly 800,000 acres, which attracts nearly 30 million visitors annually, according to the Department.

Draft management plans and subsequent public meetings and public comment periods are the Department’s standard procedure for making changes to state parks. ●

The plan there also proposed up to 10 cabins and a beach access restroom in the west tract of the property.

Environmental and Land Use Attorneys Our lawyers practice before federal, state, & local governmental authorities on environmental, water, land use & zoning, due diligence, wetland mitigation & water quality banking, public/private partnerships, affordable housing, licensing, and regulatory matters throughout Florida, as well as administrative and civil litigation related to those practice areas.

We work on full range of projects including residential, commercial, industrial, marina & agricultural projects before the Department of Environmental Protection, Water Management Districts, Army Corps of Engineers, and other regulatory agencies.

John Fumero Susan Roeder Martin Stephen Conteaguero Alicia Lewis Gray Crow Gregory Hyden www.nasonyeager.com 561.314.3999 Palm Beach Gardens | Boca Raton | Tampa | Fort Lauderdale

September/October 2024

Florida Specifier

Empowering Sustainable Water Management: SRWMD’s Crucial Monitoring Initiatives

By STAFF REPORTS

Guiding Project Development

In the heart of Florida, the Suwannee River Water Management District (District) employs an extensive monitoring program focused on maintaining water quality and supply.

Projects involving water resources span a wide spectrum, from urban infrastructure development to agricultural endeavors.

The success of these projects hinges on their harmonious coexistence with the surrounding water ecosystem. The District’s monitoring initiatives offer crucial insights that guide project developers in making choices that resonate with sustainability. By incorporating the data gleaned from continuous monitoring, developers can design projects that not only meet their objectives but also preserve the environment for future generations.

By meticulously gathering and analyzing data, this program plays a pivotal role in facilitating informed planning, efficient permitting processes, and the development of impactful projects. The management team at the District attests that these monitoring endeavors are paramount in shaping a secure and sustainable water future.

“We consider our monitoring data to be a shared resource, beneficial both to project developers and the environment,” Marshall said. “By aligning projects with our water management goals, we create a winwin scenario in which the community’s needs are met without compromising our invaluable water resources.”

The Power of Informed Planning The essence of effective water resource management lies in comprehending the current state of water quality and supply.

The District gathers data from more than 400 sites to monitor water levels, rainfall, stream flows, and water quality. The District’s extensive monitoring network, consisting of strategically positioned sensors and data collection points, serves as the District’s eyes and ears. These vital systems collect essential information about the condition of rivers, lakes, springs, and aquifers. This data empowers the District to make informed decisions regarding resource allocation, pollution mitigation, and conservation efforts.

“To effectively address the unique challenges posed by our region, having an accurate and up-to-date assessment of our water resources is imperative,” said District Executive Director Hugh Thomas. “Our monitoring initiatives provide us with an understanding of trends and potential issues, enabling us to proactively develop strategies to safeguard our water supply.”

To help ensure a sustainable water supply, The District assesses current and future water demands with available water resources to determine what alternative

Embracing Challenges and Pledging Commitment The path to sustainable water management is marked by challenges that demand innovation and adaptability. The dynamic climate of Florida, coupled with a growing population and shifting pollution sources, necessitates continual evolution in monitoring strategies. The District’s management team acknowledges these hurdles and reiterates the district’s unwavering dedication to adapting its methods to meet emerging challenges head-on. water projects and conservation efforts may be required. This planning, referred to as water supply planning, is completed as part of the public process and in partnership with stakeholders. Level, flow, and water use data drives the water supply assessment in support of the plan.

Navigating the Permitting Landscape Navigating the complex realm of water

resource permitting requires an understanding of the potential impacts on water quality and supply. Here, the District’s monitoring efforts assume a pivotal role.

By integrating real-time data into the permitting evaluation process, SRWMD ensures that proposed projects align with principles of sustainable water management. This approach not only streamlines the permitting process but also ensures the projects are environmentally responsible.

“Our monitoring program is the bedrock of our permitting process,” said Leroy Marshall, Director of the District’s Resource Management and Projects Division.

“It provides us with the evidence needed to make well-informed decisions about a project’s potential impacts on our water resources. This dual focus on environment and development ultimately safeguards both the natural world and the longevity of projects.”

“Remaining agile in the face of change is embedded in our mission,” said Thomas.

“We’re investing in pioneering technologies, exploring remote sensing possibilities, and harnessing data analytics to elevate the precision and scope of our monitoring efforts. This ongoing commitment ensures that our strategies remain effective in the ever-evolving landscape.”

The commitment to monitoring water quality and supply exemplifies responsible and forward-thinking water resource management. Through its monitoring initiatives, The District empowers informed planning and guides the development of projects that help meeting water supply demands. By nurturing water resources today, the District is carving a path toward a more sustainable and secure water future for generations to come. ●

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September/October 2024

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By STAFF REPORTS

counties (generally northwest of Lake Okeechobee) and the Seminole Tribe of Florida’s Brighton Reservation.

expand areas for public education, staff and volunteers. The center will be closed to the public for about nine months.

The 2024 LKB Plan Update provides insight on population estimates and associated water demands and projections, water resource and water supply development projects, and related water supply planning information for the 2022 to 2045 planning horizon.

Planned improvements include the John Crisp Artificial Reef Exhibit, which will educate the public about the benefits of Volusia County’s artificial reef program, a 1,500-square-foot multipurpose education building, a living shoreline and a living reef exhibit, a working coral lab that will provide coral research opportunities to high school and college students, and an aquarium quarantine deck for new fish that will be added to exhibits. Improvements will also be made to the parking area and main building to improve traffic flow.

The Plan is designed to be a guide for local and tribal governments, utilities, agricultural operations, and other water users and it provides a framework for local and regional water supply planning and management decisions in the LKB Planning Area. ●

SFWMD Plans for Future Water Needs

SJRWMD Approves Land Management Plan for the Gourd Island Conservation Area The St. Johns River Water Management District has approved the 2024-2034 Land Management Plan for the Gourd Island Conservation Area. The Gourd Island Conservation Area offers scenic trails for hiking and biking, as well as immersive wildlife viewing experience. The Plan highlights the District’s commitment to protecting water resources and ecological diversity in St. Johns County.

In addition to its conservation efforts, Gourd Island offers a wealth of recreational opportunities for the local community.

“The approval of this plan underscores our dedication to balancing conservation with public enjoyment,” said Mike Register, Executive Director of the St. Johns River Water Management District. “By providing accessible recreational activities we aim to foster a deeper connection between people and nature while safeguarding the ecological health of Gourd Island.”

The 514-acre Gourd Island serves as a sanctuary for native flora and fauna, including the wood stork and gopher tortoise, and features several threatened and endangered plant species. The newly approved plan outlines comprehensive strategies for habitat restoration, invasive species management and sustainable forest practices.

Additional information on the Gourd Island Conservation Area is available at: www.sjrwmd.com/lands/recreation/ gourd-island. ●

According to the South Florida Water Management District, (SFWMD) more than 3 billion gallons of water are used in Central and Southern Florida for watering our lawns, drinking, bathing, growing crops, and servicing industries every day.

Planning for the region’s future water needs is a key component of the District’s South service mission. SFWMD scientists, engineers, water managers, and other employees proactively develop long-term water supply plans that monitor, evaluate and identify water sources and projects to meet future water needs throughout its 16-county region.

The District is currently planning for future needs by developing long-term water supply plans, implementing water conservation measures, and identifying alternative water supplies in its five regional planning areas..

The project is being funded through a Volusia ECHO grant and the American Rescue Plan Act. The public may make donations to enhance the new exhibits and educational activities at www.marinesciencecenter.com/support/adopt.stml.

Staff will continue to care for the many birds and turtles that are brought to the center for treatment and rehabilitation throughout the closure. Off-site programs are also being scheduled to educate residents about Volusia County’s wildlife and habitats.

From its opening in 2022, the Marine Science Center has cared for more than 27,000 turtles and other reptiles. The Mary Keller Seabird Rehabilitation Facility at the Marine Science Center has received more than 19,000 birds since it opened in 2004. ●

Polk County Hosts Lithium-Ion Battery Training Exercise Polk County’s Waste and Recycling

Division recently hosted a “Lithium-Ion Fire and Chlorine Release” exercise at the North Central Landfill. The four-hour exercise, which was funded by the Central Florida Regional Planning Council, prepared staff to effectively and safely deal with a lithium-ion battery-related emergency at the landfill.

“Lithium-ion batteries are all around us,” said Dale Henderson, director of the county’s Waste and Recycling Division.

“They’re in our laptops, phones, toys, the list goes on and on. They’re not supposed to end up at the landfill, but they often do, either because residents don’t realize they’re throwing the batteries in the garbage, or because they think they’re not doing any harm.”

Lithium-ion batteries can easily overheat, rupture and ignite fires. According to the county, there have been four lithium-ion fires at the North Central Landfill in 2024.

To prevent similar occurrences, Polk County residents can drop off used lithium-ion batteries at the county’s Household Hazardous Waste facility.

Participants in the exercise included Polk County Fire Rescue, the Polk County Sheriff ’s Office, Polk County Emergency Management, the Broward County landfill, Lakeland Electric, the Florida Department of Environmental Protection and the Florida Forest Service.

“We brought these community partners together to review our current policies and to identify needs with regard to lithium-ion batteries,” Henderson said. “That way, when the worst-case scenario occurs, we’re ready to work together. The landfill is a unique, ever-changing landscape, and it takes a prepared group of professionals to keep it safe.” ● CONTINUED ON PAGE 9

Each plan evaluates current and future water demands and identifies water sources for the region’s needs while protecting water resources and the environment. Water supply plans look at least 20 years into the future and are updated every five years to stay current with growth trends. ●

SWFWMD Questions About Irrigation What type of irrigation system is best for your lawn? How do I program my irrigation controller? How much water does your lawn actually need? The Southwest Florida Water Management District has published a new Water Matters Podcast offering residents guidance and advice for managing their irrigation in conjunction with Smart Irrigation Month.

The podcast can be found here: https:// www.swfwmd.state.fl.us/media/video/6745 ●

South Florida Water Management District Issues 2024 Lower Kissimmee Basin Water Supply Plan Update The South Florida Water Management District recently issued the Lower Kissimmee Basin (LKB) Water Supply Plan Update. The plan assesses current and projected water needs through 2045 in the approximately 1,805 square miles Lower Kissimmee Basin Water Supply Planning Area. The LKB includes portions of Glades, Okeechobee and Highlands

Florida Specifier

Volusia County’s Marine Science Center Closing for Renovations Volusia County’s Marine Science Center is closing temporarily beginning in September to undergo a $4.2 million renovation that will bring new marine exhibits and

September/October 2024

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FROM FLORIDA NOTES ON PAGE 8

Pascoe County Commissioners Approve New Parks Tax

tric bus, charging station, and workforce training project to sustainably enhance transportation reliability and improve air quality for residents throughout Escambia County.

The Pasco Board of County Commissioners (BCC) recently approved a new countywide Parks, Recreation, and Natural Resources maintenance tax to ensure continued, timely maintenance and safety of facilities countywide. The revenue will also support a dedicated maintenance team and provide essential equipment.

The grant will provide nine 35-foot electric buses and four electric cutaways to ECAT to replace existing diesel-fueled 2006 and 2007-model buses. The all-electric transit vehicles will help provide safer and more reliable operations, lower energy and maintenance costs, and reduce dependence on fossil fuels.

“This new way of paying for progress in our parks will set us up for success for years to come,” says Pasco County Commissioner Kathryn Starkey. “This is a stable funding source to ensure our parks are safe, clean and beautiful as we continue to serve our growing communities.”

ECAT employees will also receive workforce training through the grant allowing them to accurately and efficiently operate, charge, and repair electric buses. The new buses are expected to join ECAT’s fleet by 2026.

Property owners will see the Parks Maintenance Service Taxing Unit (MSTU) reflected on their annual property tax bills beginning in November 2024. For properties with a tax value of $100,000, the parks tax is proposed at $17.12 – the maximum rate residents can expect. This amount is pending the BCC’s adoption of the final budget later this year. ●

“I’m thrilled to introduce electric buses to ECAT’s fleet and enter a new phase of public transportation for Escambia County,” Mass Transit Director Rodriques Kimbrough said. “Receiving this grant reflects ECAT’s commitment to transportation excellence in our community. I’m very proud of our staff for their diligent efforts to secure the grant and keep ECAT moving forward.” ●

DEP Conducting a Triennial Review of Florida’s Water Quality Standards

Escambia County Area Transit Awarded $21M Grant for Electric Bus, Charging Station Project

The Florida Department of Environmental Protection (DEP) is conducting a Triennial Review of Florida’s Water Quality Standards. The agency is planning a public workshop to present updates to the standards this fall. Florida is required to conduct a comprehensive review of its water quality standards at least once every three years pursuant to the Federal Clean Water Act.

Escambia County Area Transit was recently awarded a $21 million grant from the Federal Transit Administration for an elec-

DEP has published Notices of Rule Development for each impacted chapter in the Florida Administrative Register and is proposing revisions to specific Rule

sections in Chapter 62-4, 62-302 and 62303, Florida Administrative Code (F.A.C.).

The surface water quality standards in these chapters are under review and may be revised as part of the Triennial Review.

The workshop agenda, proposed rule language, implementation documents, maps and other supporting documentation are available on DEP’s Triennial Review webpage. ●

detailed information on the PEL Handbook and how to effectively implement PEL and leverage planning information and decisions during the environmental review process.

The PEL Handbook, Flowcharts, and webinar can be found on the Federal Highway Planning and Environment Website. ●

Sarasota County Commissioners Approve Conservation Property Purchase

U.S. Federal Highway Administration Offers Online Environmental Guidance The U.S. Federal Highway Administration’s (FHWA) Planning and Environment Linkages (PEL) Handbook and Flowchart are available online to assist planners and environmental professionals in implementing PEL.

Sarasota County is acquiring 4.38 acres at Lemon Bay Drive, in unincorporated Sarasota County. The property is predominantly mangrove swamp with some mesic hammocks and remnant scrub habitat.

Native vegetation includes slash pine, saw palmetto, cabbage palm, live and laurel oak, and red, black and white mangroves.

Species such as brown pelican, roseate spoonbill, little blue heron, green and brown anoles, and gopher tortoise call the property home.

The acquisition is expected to be completed by December.

Planning and Environment Linkages (PEL) is a collaborative and integrated approach to transportation decision-making that considers environmental, community, and economic goals early in the transportation planning process and uses the information, analysis, and products developed during planning to inform the environmental review process.

The county’s voter-approved and taxpayer-funded land acquisition program has been instrumental in acquiring and protecting more than 110 properties totaling more than 41,000 acres since it began in 1999. The program enhances biodiversity and protects species and habitats, establishes wildlife corridors and provides nature-based recreational areas.

The PEL Handbook provides detailed information on how to effectively implement PEL and leverage planning information and decisions during the environmental review process. The PEL Flowcharts offer a step-by-step guide through the PEL authorities and highlight the requirements involved. FHWA has also released a new PEL webinar recording that offers practitioners guidance to support implementing PEL approaches. The webinar includes

Neighborhood parkland acquisitions provide community access, preserve natural and cultural resources, and increase recreational water and trail access opportunities. The county encourages residents and visitors to participate by nominating land for protection. ●

FROM LOSOM ON PAGE 1

Representatives from the Corps and the District have publicly stated their support for a more flexible approach in lake management to balance the Lake’s multiple project purposes.

The LOSOM schedule states that release decisions will be made through correlated efforts by the Corps, with the District, Tribes and stakeholders. Stakeholders can access release decisions and participate in the process by attending the “Periodic

Florida Specifier

UP TO MAXIMUM AT S-77

18.0

≤ 7,200 CFS AT S-77

17.0 16.0

≤ 2,000 CFS AT S-79*

LWL RELEASE GUIDANCE: S-271 and S-352 UP TO 300 CFS

Flows south within Zone A and BC: up to maximum practicable

ZONE A

UP TO MAXIMUM AT S-80 ≤ 3,500 CFS AT S-80

ZONE BC ZONE D FLOWS SOUTH

For comparison, in LOSOM’s Zone D, the water control plan allows estuarine discharges from 0 to 2,000 cubic feet per second. In comparison, LORS08’s main operating zone had more defined triggers, limiting releases and transferring more control to Florida at low stages; these are seemingly absent from LOSOM’s broader water control plan.

LAKE LEVELS (FEET, NGVD)

19.0

TO THE CALOOSAHATCHEE RIVER ESTUARY (CRE)

LOSOM’s water control plan is the key to how the lake will be managed under this plan. It carries forth the intent to operate in a flexible manner by adopting management zones that provide for broad discretion in release decisions.

THE LOSOM REGULATION SCHEDULE

15.0

* Release lake water at S-77 such that S-79 flow will not exceed this target; local 14.0 runoff can still cause flow higher than this value at S-79 13.0

Flows south within Zone D: up to maximum beneficial.

12.0

NONE AT S-80 * * Release lake water at S-308 such that S-80 flow will not exceed this target; local runoff can still cause flow higher than the S-80 target

Operational Guidance Note: South Florida Water Management District (SFWMD) is the agency responsible for allocating water from Lake Okeechobee.

11.0

10.0 WATER SHORTAGE MANAGEMENT ZONE: RELEASES DETERMINED BY THE STATE OF FLORIDA 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan

TO THE GREATER EVERGLADES

Scientist Calls” hosted by the District and the Corps.

In addition, Lake management information is also reported by the District on its website and at its monthly Governing Board meetings.

With this new increased operational discretion, stakeholders will need to be vigilant and engaged in the agencies’ deci-

sions to determine how LOSOM’s operational flexibility will affect south Florida’s businesses, communities and agriculture in the coming months.

Information regarding LOSOM can be obtained at the Corps’ LOSOM website at www.saj.usace.army/mil/LOSOM ●

September/October 2024

TO THE ST. LUCIE ESTUARY (SLE) AND LAKE WORTH LAGOON (LWL)

LOSOM is based on adaptive management and operational flexibility concepts grounded in the notion that management decisions will be made in response to changing factors, such as temperature and rainfall.

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Luna Phillips is partner at the Gunster Law Firm and leads the firm’s environmental practice team. She is board certified in State and Federal Government and Administrative Law and has been practicing exclusively environmental law for 29 years.

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PERSPECTIVES

Lake Okeechobee Water Supply, Proper Calculations are Key to South Florida's Future

By ERNIE BARNETT Over the years, Lake Okeechobee has been an important water resource for Floridians and tourists alike. Anglers and boaters routinely enjoy its recreational benefits. However, the lake plays another important role: providing water for millions of people in the region. That’s why proper management of Lake Okeechobee is critical to so many.

It took nearly a decade for state leaders (including myself), the U.S. Army Corps of Engineers (Corps) and a group of diverse stakeholders to meticulously craft a uniformly endorsed region-wide water resource program for South Florida.

In 2000, Congress passed the Water Resource Development Act of 2000 (WRDA 2000) that approved the Comprehensive Everglades Restoration Plan (CERP) as the framework for modifications and operational changes to the Central and Southern Florida Project (C&SF) that are needed to restore, preserve, and protect the South Florida ecosystem while providing for other water-related needs of the region, including water supply and flood protection. Simply put – Congress and the Florida Legislature mandated that the plan not only restore the Everglades but also improve water supply and flood control throughout the region.

The plan encompasses a suite of projects to restore Florida’s delicate ecosystem, pro-

vide flood protection, and secure the water supply for millions of people throughout the region. WRDA 2000 also includes a savings clause that guarantees existing water users would always have the same level of service, or better, for both water supply and flood control, which was in place in the year 2000.

The clause included a requirement that existing legal users of water who rely on C&SF Project for water supply and flood protection be held harmless during the transition to an improved ecosystem. This important clause was instrumental in garnering broad support for this multi-billion-dollar effort. The fundamental principle was that all stakeholders would benefit from CERP, and the projects would be formulated to expand the “water pie” by capturing excess harmful water discharges – store and treat the “new” water and not take water away from existing legal users to accomplish restoration.

This was recognized in the WRDA 2000 Senate Environment and Public Works Committee report, which gave guidance from the bipartisan majority of members of Congress. In the report, the Senate wrote that savings clause is: “designed to preserve the existing legal rights of persons and entities served by the Central and South Florida project and potentially affected by implementation of the Plan.”

While significant effort is being made on restoration, the farming and public water supply stakeholders are concerned that the same level of effort has not been focused on meeting the other water related needs of the region. For example, the C&SF project purpose of water supply was not afforded the same level of attention as other project purposes in the development of a new regulation schedule for Lake

Okeechobee.

Modification of the Lake Okeechobee regulation schedule is a major CERP operational component and one of the most effective means to achieve restoration and meet the other water related needs of the region. It is also critically important that any structural and operational changes to the system, including Lake Okeechobee, be evaluated using the correct 2000 baseline to ensure that restoration goes forward without adversely affecting existing water users.

The WRDA 2000 Senate Environment and Public Works Committee report goes onto say, “…that the Secretary shall ensure that the implementation of the Plan, including physical or operational modifications to the C&SF Project, does not cause significant adverse impact on existing legal water users.” Subsection (h)(5)(B) establishes a condition for project implementation that prohibits elimination of existing legal sources of water due to CERP implementation until a new source of water supply of comparable quantity and quality is available to replace the water to be lost.”

Unfortunately, the Corps did not evaluate the effects of the new Lake Okeechobee regulation schedule against the proper baseline (water supply provided in 2000), Furthermore, the Corps has granted themselves historic agency discretion and flexibility in their decision making regarding Lake Okeechobee water levels which will diminished water supply certainty for existing legal water users and the environment and shifts greater control of our region’s water supply to them and away from the State.

The key going forward is to continue to increase water storage throughout the

region – by constructing Congressionally authorized large scale water reservoirs, especially north of Lake Okeechobee, and through innovated aquifer storage and recovery systems, both of which can capture, store, and treat excess water during the rainy season and then use that stored water for the environment and societal needs during drier times. Each of these projects and operational changes should be developed and analyzed using the proper 2000 baseline and not the current Lake regulation schedule that provides less water supply reliability. Evaluating the performance of projects using a regulation schedule that does not provide the same level of water supply that was in place in 2000 is contrary to the Congressional mandate to protect the water supply for millions of people in South Florida.

I strongly believe that there are solutions that result in a restored Everglades and Lake Okeechobee that also improve the region’s other water related needs, such as flood control and water supply. The Corps should be restoring Florida’s water supply, not diminishing it permanently. Ignoring the requirements of WRDA 2000 to protect water supply for both the environment and millions of people living in South Florida should cause anyone who uses the lake for any reason to be concerned.

I sure am, because South Florida will be on an unsustainable path. Natural resources, not capable of a quick recovery, will be placed in jeopardy and the water supply will not meet the needs of our communities, businesses, and agriculture in the region. ● Ernie Barnett is the Executive Director of the Florida Land Council and a water expert with 40 years of experience.

Recycling is Alive: WM’s Commitment to Florida’s Recycling Facilities

By KEYNA CORY Recently, the notion that recycling is on the decline has found its way into mainstream conversations, often fueled by concerns about contamination, market fluctuations, and the complexity of global recycling systems.

However, the truth is far more encouraging.

Recycling is not only alive but is also seeing tremendous investment in Florida.

One of the most compelling examples of this commitment is by a Florida Recycling Partnership Foundation member, WM, which is underway with significant investments in recycling infrastructure across Florida.

WM, the world’s leading provider of waste management and environmental services, has made it clear that recycling remains a

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cornerstone of its operations. The company’s investment in Florida underscores its commitment to advancing recycling technologies and improving the efficiency of recycling.

Investing in the Future of Recycling WM’s recent investments include the development and enhancement of several state-of-the-art, single-stream recycling facilities throughout Florida. These facilities are designed to handle a diverse range of materials, from plastics and aluminum to paper and cardboard. By upgrading and expanding its recycling infrastructure, WM aims to tackle some of the pressing issues that have plagued the recycling industry, including contamination and inefficiencies in material sorting.

The new facilities in Pembroke Pines and Cocoa will be equipped with cutting edge technology such as enhanced optical sorters and volumetric scanners. These innovations enhance the accuracy and speed of material separation, reducing contamination rates and increasing the value of recyclable materials. With a focus on increasing processing capacity, the new and upgraded facilities are designed to handle higher volumes of recyclable materials.

Construction will begin in the fall of 2024 on the $80 million WM Recycling South Florida in Pembroke Pines will be built to process up to 60 tons per hour. This will result in a 75 percent increase in production of marketable recycling materials over the existing facility, ensuring the long-term viability of sustainable recycling programs throughout south Florida. WM has also just completed an $18 million upgrade of WM Recycling Brevard in Cocoa with new equipment and technology upgrades.

One of the significant challenges facing recycling programs today is the issue of contamination. Contaminants can undermine the quality of recyclable materials, making them less valuable and more difficult to process. WM’s new facilities are designed to address this issue head-on by incorporating advanced technologies that improve sorting accuracy and reduce the likelihood of contamination.

Market fluctuations have also posed challenges for recycling programs. WM processed 14.8 million tons in 2022. By investing in state-of-the-art facilities, WM is working to create a more resilient recycling infrastructure that can better adapt to market changes and maintain the viability of recycling programs.

September/October 2024

The investment in recycling facilities in Florida represents a significant step forward for both the state and the broader recycling industry. For Florida residents, it means more efficient recycling services and a greater ability to divert materials from landfills. It also sets a positive example for other regions, demonstrating that with the right investments and technologies, recycling can thrive.

Recycling is far from being a relic of the past; it is very much a part of the future.

WM’s substantial investment in recycling facilities in Florida is a clear indicator of this fact. Through advanced technologies, increased capacity, and a commitment to sustainability, WM is leading the charge in revitalizing the recycling industry and ensuring its continued relevance in a rapidly changing world. As we move forward, such investments and innovations will be crucial in shaping a more sustainable and environmentally conscious future. ● Keyna Cory is the Executive Director for the Florida Recycling Partnership Foundation

Florida Specifier

Marco Island Conference Brings Something For Everyone

By PATRICK GILLESPIE Whether someone wanted to dive into ins and outs of legislative session, get an update about state regulatory action, or learn about waste management or water management, the 38th Annual Environmental Permitting Summer School in Marco Island had something for everyone.

Several sessions were standing room only, as nearly 1,400 people registered to attend the event July 16-19 at the JW Marriott Marco Island Beach Resort. Overlooking the Gulf of Mexico at the far edge of Southwest Florida, the conference featured federal, state, and local environmental leaders, industry experts from all manner of environmental subject areas.

In one session, representatives from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection discussed the ongoing saga surrounding Clean Water Act Section 404 permitting, which shifted this year from review and issuance by the Department to the Army Corps following a federal lawsuit and a District Court judge’s ruling in February.

It’s possible the Corps will use work DEP has started on permits, said Shawn Zinszer, Chief of the Regulatory Division for the Corps in Jacksonville.

“I think it’s the Army Corps’ intent to use any documentation from the state process,” he said. “That said, it still has to meet the federal standard.”

DEP General Counsel Justin Wolfe said during the session that looking at other permitting models could provide an avenue for the program to return to DEP. He said the state will continue appealing.

“Unlike New Jersey, Florida has a lot of protected species, which is why the state structured its 404 Program to take those impacts into account,” Wolfe said. “The cooperative federalism approach of the Clean Water Act and Endangered Species Act allows for this flexibility.”

Sessions that centered on a legislative recap with a slew of experts drew a packed audience, as did updates from DEP’s regulatory team, and a Lake Okeechobee overview from several South Florida and Everglades experts.

DEP Secretary Shawn Hamilton gave the keynote address on Day Two, discussing the major funding milestones the Department has reached with support from the Florida Legislature.

t rus ted solut ions

valued expert ise

He highlighted the nearly half a billion dollars in grants the Department has been appropriated, to cover Everglades restoration projects, beach renourishment, land conservation, and more. He also discussed the increase in visitation to Florida State Parks.

“We’re excited about the visitation,” he said. “Just the interest is awesome.”

The event’s exhibit hall spilled out of the main hall into the common areas, with dozens of companies on hand to show off everything from drones to archeological services to all kinds of environmental services. And the free goodies were on display.

The conference closed out on Day 4 with a half day of sessions featuring a variety of interesting topics, from land conservation to energy policy, to waste management. As one of the largest environmental conferences in the country, 2025's version should continue to drive interesting conversations around the many environmental policy, regulatory, and budget topics that Florida faces. ●

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September/October 2024

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STAFF & WIRE REPORTS TEXAS Settlement Reached in Golden Pass LNG Standoff A bankruptcy court has approved a settlement between Zachry Holdings and Golden Pass LNG that will allow Exxon Mobil and Qatar Energy to hire a new lead contractor to complete the LNG plant in Port Arthur. The new lead engineering, procurement and construction contractor will be Chiyoda International Corp. The project, which is one of two large U.S. LNG facilities, was previously delayed due to cost increases and disputes between the parties. The court’s decision will allow the project to move forward, with a focus on getting more than 6,000 local workers and vendors back to work. Zachry Holdings will relinquish control of the project and cannot direct vendors or workers. ●

Houston to Evaluate Safety of Nine Bridges The city of Houston has been awarded a $2 million grant to evaluate the possibility of improving nine bridges that were threatened by floodwaters during Hurricane Harvey. The grant is part of the Bridge Investment Program, which was established by the Federal Highway Administration to address concerns related to climate change. The program aims to identify areas for improvement and modernize bridges to ensure they are safe and can withstand future natural disasters. The city will use the grant to study the feasibility of raising the bridges, improving safety features, and adding accommodations for cyclists and pedestrians. ●

West Texas Orphaned Oil Well Blowouts Studied A recent study by Southern Methodist University has linked the practice of injecting oilfield wastewater underground to a series of toxic water blowouts in West Texas. The study suggests that the wastewater has leaked from its containers into subsurface pathways, accumulating in an underground aquifer and putting pressure on aging wells. This pressure is increasing and may lead to more blowouts.

The study’s author, Vamshi Karanam, has called for further research into the underground pathways contributing to these blowouts. The issue has become a major concern for local residents, with some calling the orphaned wells that are springing back to life “zombie wells.” ●

Widespread Energy Outages in Houston Spark Investigation of Power Company After Hurricane Beryl caused widespread power outages in the Houston area, CenterPoint Energy, the electric utility company responsible for the affected area, has come under investigation by the Texas Attorney General’s office. The investigation

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will examine allegations of fraud, waste, and improper use of taxpayer-provided funds. CenterPoint has faced criticism for its communication and restoration efforts during the outages, which left over 2.6 million customers without electricity for days in the summer heat. The damage to CenterPoint’s electricity infrastructure from Hurricane Beryl, which made landfall on July 8, is estimated to be between $1.2 and $1.3 billion, and customers may see a two percent increase on their bills for the next 15 years to cover the costs. ●

LOUISIANA United Houma Nation Awarded $56.5 Million for Climate Change Resilience The United Houma Nation has been awarded a $56.5 million grant to implement a comprehensive plan to address climate change risks, including infrastructure improvements and potential relocations.

The grant is being awarded by the National Oceanic and Atmospheric Administration and U.S. Department of Commerce and spans a period of five years. The plan aims to create stronger infrastructure and enhance the short-, medium-, and long-term needs of the tribe’s 19,000 citizens. The plan includes making the tribe’s administrative building energy independent and storm resilient, expanding infrastructural advancements to satellite hubs across the tribal area, strengthening the tribe’s communications network during disasters, and creating a community-led migration plan. The project aims to put the power and decision-making back into the tribal citizens’ hands and serve as a model for the state and potentially other Indigenous communities. ●

Proposed $800 Million Project Cancelled A proposed $800 million grain export facility in Wallace has been cancelled due to unreasonable delays by the Army Corps of Engineers in deciding on required federal permits, according to the company. According to the project’s developer, Greenfield Louisiana LLC, the facility would have created 1,000 construction-related jobs and 300 permanent jobs, as well as generated $300 million in state tax revenue. The project faced opposition from environmental justice advocates and historic preservationists, who were concerned about its potential impact on the community and cultural resources.

The Corps permits were required due to the project’s location along the Mississippi River and potential conflicts with the river’s levee system and wetlands. The Descendants Project, a local advocacy group, had filed lawsuits against the parish council’s redistricting of property for the project, arguing it violated its own zoning ordinance and state law, and posed an environmental justice threat to the majority-Black community. ●

Wood Pallet Company Exceeds Air Emission Limits Drax Global, a British energy company, has disclosed that its wood pellet production facilities in Louisiana emit hazardous air pollutants above permitted limits. The company, which operates seven facilities across four states, has faced fines and settlements for violating air emissions limits in the past. Subsequent to agreeing to install pollution controls in 2021, the company’s testing in August 2023 revealed that its Louisiana plants emit high rates of

probable carcinogens and a total of more than 38 tons per year of toxic or hazardous air pollutants, exceeding the permitted limit of 10 tons for a single pollutant or 25 tons for a combination of hazardous air pollutants. The company’s failure to meet emissions standards has raised concerns from environmental advocacy groups. No mitigations plans have been announced. ●

Community Solar Advances in New Orleans A community solar program in New Orleans, Louisiana, intended to lower electricity bills for low- and moderate-income residents, has been stalled for years but is now showing signs of progress after changes that have spurred interest among developers. The program allows homeowners, renters, businesses, and nonprofits to tap into the advantages of solar energy even if they cannot afford to install panels on their property. Developers build an offsite solar array that feeds into the city grid, and anyone can subscribe to own a share of the project in exchange for credit on their energy bill. The program has the potential to reduce bills for low-income households by about 20 percent. After years of lacking interest from developers, the program was revamped to increase the rates paid to developers from 7 cents per kilowatt hour to the full retail rate for power, estimated to be around 12 cents per kilowatt hour. Nine developers have submitted applications to the city, which are now awaiting Entergy approval. ●

First Wind Turbine to Be Installed in the State Arrives in Louisiana A wind turbine and its components were delivered to Gulf Wind Technology at Avondale Global Gateway in Louisiana after a transatlantic journey from Ireland.

This is the first turbine to be installed in Louisiana, and it will be used to demonstrate the potential for offshore wind energy in the Gulf of Mexico. The turbine was delivered by Host, a Louisiana-based shipping company, which coordinated its transport from Europe. Gulf Wind Technology is set to install the onshore wind turbine at the Port Fourchon Coastal Wetlands Park. The company plans to begin deploying and testing the equipment later in the year. ●

Gulf of Mexico “Dead Zone” Twice the Size of Last Year’s Zone The “dead zone” in the Gulf of Mexico, where low oxygen levels can kill marine life, covered 6,705 square miles this summer, the 12th largest recorded in 38 years.

The area is nearly 40 times the size of New Orleans and more than twice the size of last year’s low-oxygen zone. The five-year average for the low-oxygen zone is now 4,298 square miles, which is more than twice the target set by a federal-state nutrient reduction task force to reduce it to less than 1,900 square miles by 2035. The low-oxygen levels are linked to nitrogen and phosphorus nutrients in fertilizers applied to farmland in the Midwest, as well as nutrients in sewage and runoff from home treatment systems throughout the Mississippi River basin. ●

ning Commission approved the Soul City Solar project, a proposed solar energy development that would be the largest in Mississippi. The project, led by Virginia-based Apex Clean Energy, is to begin construction next year and operate by 2027, producing 396 megawatts of electricity, enough to power 95,000 homes. The company has worked with private landowners to lease land for the solar panels, which will take up just under 6,000 acres.

Apex claims the project will create 10 fulltime jobs and 400 construction jobs, as well as generate $150 million in county tax revenue over the facility’s 30-year lifespan.

The Hinds County Board of Supervisors previously voted in favor of an ad valorem tax agreement for the project. ●

ALABAMA EPA Denies Coal Ash Disposal Plan The Environmental Protection Agency (EPA) has denied Alabama’s plan to allow utilities to continue storing coal ash in unlined pits. The EPA’s decision comes after a months-long dispute between state and federal environmental regulators over coal ash storage sites. Environmental organizations have applauded the denial, arguing that Alabama’s plans were not protective of citizens or the environment. The EPA’s decision marks the first time the agency has denied a state’s coal ash disposal plan. The agency has approved three other states’ plans for coal ash unit closure. Coal ash, or CCR, refers to waste materials generated by burning coal for electricity production.

These waste materials can include fly ash, bottom ash, boiler slag, and flue gas desulfurization sludge. Energy utilities often combine these waste materials with water and store them in ponds near electrical generating plants, which environmental groups criticize for risking groundwater contamination. Alabama has nine coal ash disposal sites, most of which are located near waterways. ●

Birmingham Area County Invests in Water CleanUp Innovation Jefferson County has invested $125,000 a year for three years to support five Litter Gitter devices, to be installed in Birmingham’s water ways like Village Creek.

The devices capture litter and debris as they flow downstream, preventing them from entering Bayview Lake. Don Bates, founder of Osprey Initiative, has created the Litter Gitter boom system to collect trash on waterways. The county’s initiative involves litter-collecting devices at five locations to collect litter and trash from rivers, lakes, and streams in Jefferson County. The Osprey Initiative is responsible for regular maintenance and cleaning of the devices. ●

Go Online for More Information on Around The Gulf Articles

MISSISSIPPI Largest Solar Farm Project Approved in Hinds County With a 3-2 vote, the Hinds County Plan-

September/October 2024

Florida Specifier

DEP Fiscal Year 24/25 Grants Cycle Comes to a Close

By STAFF REPORTS The deadline has passed for the Florida Department of Environmental Protection’s many grant opportunities available to fund projects statewide in the areas of resiliency planning and implementation, water supply in Northwest Florida and water quality issues dealing specifically with the Florida Keys.

The Sept. 1 deadline follows grant opportunities that were closed on July 31 in the areas of water quality, alternative water supply, springs restoration, wetlands restoration, technology related to algal blooms, nonpoint source management, and coral reef restoration.

For the 24/25 fiscal year, the Florida Legis-

lature provided considerable grant funding to the Department to continue doling out money to local governments to address various environmental challenges. Grant opportunities and criteria are available at www.protectingfloridatogether.gov.

The Sept. 1 grant deadline programs focus on resiliency planning and implementation. According to the Department’s website, resiliency planning includes, “further assessment of vulnerabilities of critical assets which helps to ensure coastal communities will recover and move forward faster after natural disasters.” The resiliency implementation grant program focuses on risks that local governments had already identified by vulnerability assessments.

Also included in the most recent grant cy-

cle are water supply projects in Escambia, Santa Rosa, Okaloosa and Walton counties in Northwest Florida as well as projects in the Florida Keys Area of Critical State Concern or the City of Key West Area of Critical State Concern. For the latter, to be eligible, projects must improve water quality and protect water resources, such as wastewater, land acquisition, and fisheries.

In June when Gov. Ron DeSantis signed the Fiscal Year 24/25 budget, it included various line items for grant funding, including $110 million for the water quality improvement grant program, $55 million for the alternative water supply grant program, $225 million for resilience projects, $100 million for wastewater and stormwater projects for the Indian River Lagoon,

and other state priorities.

The water quality improvements grant program lays out specific eligibility requirements related to Indian River Lagoon, Biscayne Bay and the Caloosahatchee River, in addition to general water quality improvement projects.

For the 23/24 fiscal year, the Department selected 27 water quality improvement projects totaling $210 million, ranging from upgrading local government wastewater treatment facilities to advanced wastewater treatment to septic to sewer conversions and more. Cities, counties, and special districts received funding. ●

A Model of Resilient Restoration: The Kings Bay Restoration Project

By JESSICA MAILLIEZ The Kings Bay Restoration Project in Crystal River stands as a beacon of resilient restoration, showcasing how dedicated efforts can revive and sustain a vital aquatic ecosystem. Pounded by recent hurricanes and tropical storms, this project has rebounded, proving how resilient mother nature really is when strategic nature-based restoration techniques are used.

Led by the non-profit organization Save Crystal River and aquatic restoration firm Sea & Shoreline, the project, initiated in 2015, began with a clear mission to combat the invasive Lyngbya algae and restore the bay’s natural ecosystem. Save Crystal River presented the Florida Legislature with a compelling case for action and the legislature responded with initial funding of $1.6 million for a pilot project. This funding marked the beginning of a comprehensive and adaptive restoration effort designed to withstand even the toughest environmental stressors.

lic vacuum dredging. This process not only removes excess legacy nutrients, but also unclogs hundreds of spring vents, creating increased freshwater flow and a healthier environment for aquatic life.

The restoration project, which is still underway, follows a three-phase approach: Remove Muck: Decades of accumulated detrital material, muck, and algae are removed from the riverbed through hydrau-

Replant Eelgrass: Once the muck is cleared, Sea & Shoreline biologists plant varieties of eelgrass which are crucial for the local ecosystem. These grasses provide oxygen, food and habitat for manatees,

fish, crabs, and other marine life. They also stabilize the sediment, help to keep the water clean, create drag on wave energy during storms, and store carbon.

Maintain the Restoration Site: The work does not stop at planting. Regular monitoring and maintenance ensure the eelgrass thrives, with biologists monitoring and cleaning the protective cages around the plants until they sufficiently root and grow

By July 2023, the project had restored 92 acres of Kings Bay, with plans to restore an additional 85 acres in subsequent phases.

The efforts have led to the removal of more than 500 million pounds of Lyngbya and detrital material, the opening of more than 850 spring vents, and the planting of more than 500,000 native eelgrass units.

The success of the Kings Bay Restoration Project is a testament to the power of community involvement and legislative support. Local businesses, residents, volunteers, and the legislature have all played a crucial role in the project’s progress.

Educational outreach programs have raised awareness about the importance of preserving this precious ecosystem, and consistent funding from the Florida Legislature has enabled the project to reset the ecosystem and provide a significant return on investment through enhanced tourism, property values, sales tax receipts, fishing opportunities, and more.

On Aug. 31, 2023, just two months after successfully restoring 92 acres in Kings Bay, Hurricane Idalia made landfall in Florida’s Big Bend region. Crystal River experienced a 9-foot storm surge, leav-

Florida Specifier

September/October 2024

ing saltwater lingering in the freshwater system for days. This intrusion appeared catastrophic, with Kings Bay suffering a nearly 90 percent loss of its precious eelgrass beds.

Sea & Shoreline biologists have monitored more than 300 points within Kings Bay in the last year. The most recent findings are nothing short of amazing. Since assessing Hurricane Idalia’s initial impacts in late September 2023, Kings Bay has seen a near 67 percent increase in eelgrass survival to date with that percent increasing weekly.

The monitoring results demonstrate that the Kings Bay Restoration Project can serve as a model for resilient habitat restoration throughout the state.

Kings Bay Restoration Project monitoring shows that nearly 67 percent of eelgrass within the bay has recovered one year after Hurricane Idalia.

The journey of restoration is marked by both challenges and triumphs. The Kings Bay Restoration Project continues to evolve, with ongoing efforts to protect and enhance the bay’s natural beauty and biodiversity. The project’s success serves as a model for similar initiatives across Florida and beyond, demonstrating the positive impact of dedicated environmental stewardship. ● Jessica Mailliez is Senior Environmental Manager, Sea & Shoreline

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agriculture and aquaculture producers to restore, repair, or replace essential physical property — including fences, equipment, greenhouses, and other buildings — or to remove vegetative debris.

“Supporting our farmers, ranchers, and growers in the aftermath of a natural disaster is not just about rebuilding and replanting — it’s about safeguarding our state and nation’s food security,” said Commissioner Wilton Simpson. “By providing immediate and efficient financing to our food producers through the Natural Disaster Recovery Loan Program, we’re ensuring that Florida’s agriculture continues to thrive and sustain us all.”

COL. BRANDON L. BOWMAN ASSUMED COMMAND OF THE U.S. ARMY CORPS OF ENGINEERS (USACE), JACKSONVILLE DISTRICT, DURING A CHANGE OF COMMAND CEREMONY HELD JULY 26 AT THE JACKSONVILLE CENTER FOR THE PERFORMING ARTS, JACOBY SYMPHONY HALL As Jacksonville District Commander, Bowman assumes responsibility for Florida’s federal development of water resources. Jacksonville District’s annual program exceeds $800 million. It includes the USACE’s largest ecosystem restoration project - America’s Everglades, the nation’s most extensive regulatory program, and the largest federal coastal program in the United States.

“I am incredibly humbled to join this outstanding district full of dedicated Department of the Army Civilians and the team of Federal, Tribal, State and Local partners here in Florida,” said Bowman. “Whether ecosystem restoration, flood risk management, or waterway and harbor navigation, the Jacksonville District will continue to partner and work with you to deliver projects that solve these complex engineering problems.”

Prior to joining the Jacksonville District, Bowman served as Operations Officer (G3), Headquarters, U.S. Army Corps of Engineers; Chief of Staff of the U.S. Army Engineer School; Commander of the 5th Engineer; Battalion; Command Engineer of the 1st Capabilities Integration Group (Airborne); and Facility Program Manager for the White House Military Office.

The Change of Command is a traditional ceremony that is rich in symbolism and military heritage. Passing the colors from the departing commander to the incoming commander emphasizes the continuity of leadership and unit identity despite changes in individual authority. The ceremony also symbolizes the passage of responsibility from the departing commander to his successor. ● COMMISSIONER OF AGRICULTURE WILTON SIMPSON LAUNCHES NATURAL DISASTER RECOVERY LOAN PROGRAM FOR FLORIDA FARMERS IMPACTED BY HURRICANE DEBBY Florida Commissioner of Agriculture Wilton Simpson announced that Florida farmers, ranchers, and growers impacted by Hurricane Debby can now apply for low-interest and interest-free loans through the Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program. Loans can be used by eligible

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Impacted producers are encouraged to take photos of any property damage sustained from Hurricane Debby and to save all receipts for recovery efforts and supplies. Specific details on the application process are available on the program’s webpage.

Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program • Low-interest or interest-free loans up to $500,000 for eligible agriculture and aquaculture producers that have experienced damage or destruction from Hurricane Debby.

• Loans may be used to restore, repair, or replace essential physical property, including fences, equipment, greenhouses, and other buildings, or to remove vegetative debris.

• Interested producers can learn more or apply here.

During a special legislative session in November of 2023, the Florida Legislature passed House Bill 1-C, which provided $75 million to the Florida Department of Agriculture and Consumer Services for a revolving loan fund to support impacted agriculture and aquaculture producers recover from natural disasters. ● FWC: 50 FLORIDA SCHOOLS RECEIVE FUNDING FOR THE ANNUAL SCHOOL FISHING CLUB PROGRAM GRANT

Funding from the Fish & Wildlife Foundation of Florida is provided by Mrs. Connie and Mr. Garner Koons. This program is supported by local partners including Mud Hole Custom Tackle, Hobie Eyewear, Pure Fishing and Flambeau Outdoors.

Visit MyFWC.com/SFC for the full list of schools that have been selected for the grant.

The Fish & Wildlife Foundation of Florida is a nonprofit organization dedicated to supporting the FWC and other public and private partners to conserve Florida’s native animals and plants and the lands and waters they need to survive. Operating as a statewide community foundation for conservation, the Foundation has raised and donated more than $71 million to conserve nature and our outdoor heritage.

More information can be found at wildlifeflorida.org If you missed the opportunity to apply for the School Fishing Club Program grant this year, the grant application will open in March of 2025 for the 2025-26 school year.

For more information about the School Fishing Club Program, visit MyFWC.com/ SFC. ●

joining eight current CMS students with similar distinctions.

The University of South Florida recently announced the recipients of the 2024 Office of Graduate Studies Fellowships, with three of the prestigious scholarships awarded to students at the College of Marine Science. These fellowships recognize students with outstanding credentials and achievements in academia.

Devin Coffey earned the Presidential Doctoral Fellowship, which brings five years of funding and awards incoming doctoral students who have made significant contributions to their field. Coffey joins the lab of Amelia Shevenell.

Jessica Sklar received the Graduate Student Success Fellowship, an award that provides financial assistance to new academically talented, first-generation doctoral students who have overcome considerable obstacles in the pursuit of a doctoral degree. Sklar is a student in the lab of Chris Stallings.

Rosanyely Santana was awarded the McKnight Doctoral Fellowship, a program that supports African American and Hispanic students in pursuit of their doctoral degrees. The goal is to promote underrepresented groups at colleges and universities in the state. Santana is a student in the lab of Frank Muller-Karger.

Current 2024 CMS fellows include Shi Jing, Presidential Doctoral Fellowship; Sophia Emmons and Kennedy Quillen, Graduate Student Success Fellowship; Angelique Rosa Marin and Naja Murphy, McKnight Fellowship; Dylan Halbeisen and Delfina Paola Navarro-Estrada, Graduate Research Fellowships Program.

THREE CMS STUDENTS EARN PRESTIGIOUS USF FELLOWSHIPS

Congratulations to these outstanding students for their well-deserved recognition! ●

Three incoming CMS students were awarded prestigious USF fellowships,

The Florida Fish and Wildlife Conservation Commission (FWC) will issue a School Fishing Club Grant to 50 schools for the upcoming school year. The School Fishing Club Program is an annual educational grant program that teaches youth anglers about best fishing practices to help ensure the future of fishing in Florida.

Each selected school fishing club will be awarded $500 to assist with club expenses, such as gear and tackle, so they can get out on the water and reel in some fish. The FWC also provides program curriculum and educational materials to be taught throughout the school year by the club sponsor. The curriculum is comprised of lessons and activities on ethical angling, conservation, Florida’s aquatic habitats, basic fishing gear, and general fishing concepts, and is applicable to both fresh and saltwater fishing. Additionally, at least one conservation project activity must be completed each school year and is an opportunity for clubs to earn points for a chance to win prizes.

The 29th Florida Remediation Conference (FRC 2024) November 4-6, 2024 Rosen Centre Hotel Orlando, Florida One of the Premier Remediation and Redevelopment Educational & Business Networking Events in the Country!

Confernece Topics Include: • Innovative Remediation Technologies • Environmental Assessment and Analysis • Emerging Contaminants • Vapor Intrusion Investigation and Remediation • Brownfields and Redevelopment • Characterization, Fate and Transport • Risk Assessment Practices, Applications, and Benefits • Environmental Forensics • Innovative Strategies and Approaches to Expedite Site Closure • Remediation of Petroleum and Heavy Hydrocarbons • Funding and Insuring Remediation Projects • Business Aspects for the Environmental Professional • Other Relevant Topics

This FWC program is a joint effort of internal collaboration between the FWC’s Division of Freshwater Fisheries Management, Division of Marine Fisheries Management, and the Florida Youth Conservation Centers Network.

The program is supported by funding from the Coastal Conservation Association and the Fish & Wildlife Foundation of Florida.

FloridaRemediationConference.org

September/October 2024

Florida Specifier

Stormwater Ponds – Your Questions Answered

By DAVID KRAMER

flood protection.

Q

Q

: A stormwater pond is designed to collect and manage runoff from rainwater. When rainwater lands on rooftops, parking lots, streets, driveways and other hard surfaces, the rainfall that doesn’t soak into the ground (stormwater runoff) flows into your neighborhood stormwater pond through grates, pipes, shallow swales or ditches. Stormwater ponds are required for most new development (since the 1980s) and are specifically designed to help prevent flooding and remove pollutants from the water. Without these ponds, excess stormwater would flood downstream to adjacent systems and properties. It would also carry pollutants like litter, motor oil, gasoline, fertilizers, pesticides, pet wastes, sediments and anything else that can float or dissolve in water, into nearby streams, rivers, lakes, wetlands, estuaries and the Gulf of Mexico.

: Stormwater runoff can enter neighborhood streams, ponds, lakes, bays, wetlands and oceans and eventually make its way into our groundwater (water beneath the earth’s surface.) If that runoff is contaminated with things like oil from your driveway, too much fertilizer on your lawn or even pet waste, it can cause pollution and damage to the ecosystem.

Stormwater ponds collect and filter these pollutants from the water before they are discharged into our watershed.

: What are stormwater ponds and why do we need them?

A

Q

: Why don’t I see any stormwater ponds in my neighborhood?

A

: Some neighborhoods that have been experiencing flooding during the summer months were built without ponds before the District’s stormwater regulations went into effect. The District typically does not have jurisdiction in those areas. If you are experiencing flooding at your home, your first contact should be your local government as they bear much of the responsibility when it comes to local

: How do stormwater ponds affect water quality?

A

Q

: Who is responsible for maintenance of stormwater ponds in my neighborhood?

A

: Once the developer has completed construction of the roads and drainage system in a neighborhood, the property owner’s association (or in some cases, a community development district (CDD)) is typically responsible for maintaining the neighborhood drainage system, including the stormwater ponds. The long-term upkeep and maintenance of the ponds becomes the responsibility of the association or CDD, including labor and expenses for keeping the system functional.

Q

: Can I remove vegetation from my stormwater pond?

A

: Many stormwater ponds are designed and required to include native aquatic vegetation. Native vegetation will

filter polluted runoff, trap sediments, control the growth of nuisance vegetation and help make the pond aesthetically pleasing.

Aquatic plants pump oxygen into the water and create habitat by providing cover and nurseries for fish and other organisms.

Pond owners often request approval to remove vegetation that becomes overgrown in stormwater ponds. Removal of exotic, nuisance and excess vegetation is allowed.

Just make sure to consult your association or CDD and the District before removing any significant amount of vegetation. The District recommends selective maintenance and removal by hand rather than mass removal of native wetland vegetation that becomes established in a stormwater pond. The District does not recommend cutting, mowing, using herbicides or introducing grass carp to remove native vegetation. In addition, if using herbicides, use only herbicides labeled for aquatic use.

Herbicides not labeled for aquatic use may harm fish and other aquatic life, and their application to aquatic sites is prohibited by state and federal law.

Q

: Is it OK to use stormwater ponds for recreational purposes such as fishing, swimming, kayaking or stand-up paddle boarding?

A

: Recreational use of stormwater ponds is potentially hazardous to your health and is not recommended.

Stormwater ponds are designed to capture and retain stormwater runoff, which may contain many different types of pollution, including sediments, oils, greases, trash, nutrients, heavy metals, pesticides, herbi-

cides and pathogens.

Q

: What can residents do to help prevent pollution and flooding in stormwater ponds?

A

: Never fill or obstruct stormwater ponds, swales and retention systems, as that will potentially keep the stormwater pond from working as designed.

Never dump excess oils and other chemicals from your home or yard, including grass clippings, into stormwater drains or ponds. Also, be sure to clean up pet waste so nutrients and bacteria don’t enter stormwater drains. To learn more about preventing pollution in stormwater ponds, visit WaterMatters.org/residents/stormwater-systems-your-neighborhood.

David Kramer is a professional engineer and is the Environmental Resource Permit (ERP) Bureau Chief of the Regulation Division. A graduate of the University of South Florida with a Bachelor of Science in Civil Engineering, he has more than 20 years of experience in water resource engineering and has spent his entire career in public service at the District. David also participates in statewide ERP rule development and coordination and is a member of the Florida Engineering Society and the American Society of Civil Engineers.

David Kramer, P.E., Southwest Florida Water Management District

Florida’s 404 Program Litigation Update: The Appeal Has Been Expedited

By SUSAN STEPHENS AND FELICIA KITZMILLER The U.S. Court of Appeals for the District of Columbia granted Florida’s request for expedited proceedings in consolidated cases regarding its assumption of jurisdiction under Section 404 of the Clean Water Act. This expedited schedule comes as the first good news for Florida since the District Court vacated its assumption program and sent jurisdiction back to the U.S. Army Corps of Engineers (ACOE).

Section 404 regulates discharges of dredge or fill material into waters of the United States (WOTUS), including wetlands.

While the ACOE typically has jurisdiction over these activities, Section 404(g) provides a mechanism for states to apply to the U.S. Environmental Protection Agency (EPA) to assume control of the Section 404 regulatory program over non-navigable WOTUS in that state. In December 2020, the EPA approved Florida’s Section 404 program, one of only three such programs in the country and the first in decades.

The approval was promptly challenged by multiple environmental organizations.

On February 15, 2024, the District Court for the District of Columbia ruled in favor of the plaintiffs and vacated EPA’s approval of Florida’s 404 Program on Endangered Species Act (ESA) grounds. The ESA prohibits the unauthorized “take” (e.g., death, harm, harassment) of endangered or threatened species without appropriate authorization. One way to authorize “take” is through Section 7 of the ESA; this section requires federal agencies to consult with the appropriate federal wildlife ser-

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vice, depending on the species, if action they take may affect federally listed species. If that effect is likely to be adverse, the service must prepare a biological opinion.

If take is reasonably certain to occur, they must Susan Stephens also prepare an incidental take statement authorizing a specified amount and extent of “take” and containing measures and conditions to offset the impact of the take.

The District Court held that the Programmatic Biological Opinion and Incidental Take Statement the U.S. Fish & Wildlife Service (USFWS) issued for EPA’s approval of Florida’s 404 Program did not comport with ESA requirements for such documents. This programmatic document had the effect of shielding a permittee from ESA take liability if the permittee followed the permit conditions the USFWS put into the permit. The District Court held that the Programmatic Biological Opinion and Incidental Take Statement violated the ESA for lack of specificity, such as failing to identify which and how many species would be harmed. The District Court vacated Florida’s 404 Program prospectively as to all pending and future permit applications, effective immediately. Florida sought—and the District Court denied—a stay of the ruling, given the disruption it would cause the regulated community.

The Section 404 program is back in the hands of the ACOE for all WOTUS in the state.

The vacatur was appealed in April (Center for Biological Diversity v.

Felicia Kitzmiller Regan, 2024 WL 1602457 (D.D.C. Apr. 12, 2024)) to the U.S. Court of Appeals for the District of Columbia and Florida requested that the appeal be expedited to minimize disruption. In late June, the Court granted the request and set an expedited briefing schedule. The briefing schedule was modified when the Court granted a contested motion by the federal defendants for an extension of time to file an opening brief.

Initial briefs will be filed by Sept. 16, with reply briefs due in December and final briefs in January. Amici curiae briefs in support of the appellants must be filed no

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later than Sept. 23, with no provisions for amici curiae to file in support of appellees.

Oral argument will be set at a later date. ● Susan Stephens is a Shareholder in the Tallahassee office of Stearns Weaver Miller.

She has over 30 years of experience practicing environmental & natural resource and administrative law, including rulemaking practice and procedure and administrative litigation.

Felicia Kitzmiller is an Attorney in the Tallahassee office of Stearns Weaver Miller. She focuses her practice on all aspects of land development, and helping clients resolve multi-faceted issues through the administrative process, litigation, or legislation.

This article originally appeared in What’s Developing—Summer 2024: Insights, Trends & Updates from Stearns Weaver Miller’s Land Development, Zoning & Environmental Team and runs in the Specifier with permission from the authors.

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