Legislative Matter

Miami-Dade Legislative Item
File Number: 152884

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Clerk's Official Copy

File Number: 152884

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1148-15

Control: County Commission

File Name: CLASS I PERMIT MODIFICATION REQUEST BY FPL COMPANY

Introduced: 12/4/2015

Requester: Regulatory and Economic Resources

Cost:

Final Action: 12/15/2015

Agenda Date: 12/15/2015

Agenda Item Number: 5E

Notes:

Title:

RESOLUTION TAKING ACTION ON REQUEST TO MODIFY CLASS I PERMIT CLI-2014-0312 BY FLORIDA POWER AND LIGHT COMPANY AT SW 344TH STREET AND THEORETICAL 356TH STREET, AND THE L-31E CANAL, TO AUTHORIZE TEMPORARY IMPACTS TO 0.24 ACRES OF HALOPHYTIC WETLANDS UNTIL MAY 15, 2016 AT THE PROPERTIES IDENTIFIED BY FOLIO NUMBERS 30-7029-001-0011, 30-7290-000-0010, AND 30-7029-001-0012, MIAMI-DADE COUNTY, FLORIDA

Indexes:

CLASS I PERMIT MODIFICATION

Sponsors:

NONE

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	12/15/2015	5E	Adopted				P
REPORT:	First Assistant County Attorney Geri Bonzon Keenan read into the record the title of the foregoing proposed ordinance. Chairman Monestime opened the public hearing to hear members of the public wishing to speak. WITNESSES WERE SWORN BY THE CLERK OF THE BOARD Ms. Laura Reynolds, Tropical Audubon Society, appeared before the Board to request that Florida Power & Light (FP&L) be asked to comply with the conditions of the permit, remove the pipes from the ground, and develop a plan to identify a sustainable source of water in order to eliminate another emergency. She also provided an updated status report on the problems. Madam Renita Holmes, Executive Director, Women’s Association Alliance for Injustice and Violence, appeared before the Board to point out environmental injustice and the impact of zoning decisions. Mr. Matthew Raffenberg, Environmental Services Director, Biologist/Aquatic Ecologist, Florida Power & Light (FP&L), 700 Universe Boulevard, Juno Beach, Florida, clarified that the item before them today was a request for an extension of time until May 15, 2016, to be able to review, analyze, and discuss with the Division of Environmental Resources Management (DERM) the available data collected through the end of November 2015 and how to best proceed. He explained that FP&L could not continue to convey water with the existing pipes, and there would be no additional impacts with the associated resources. He noted that the requirements under the current Class I permit was to have these pipes removed at the end of this year, and they were just asking for a brief time extension. In connection with Commissioner Levine Cava’s comments relating to the increased water pollution observed and the diversion of these waters to the cooling canal system, Assistant Director Lee Hefty, Division of Environmental Resources Management (DERM), Regulatory and Economic Resources (RER), explained the purpose and requirements of the Class I permit. He advised that the permit had been originally requested for two (2) years, and the cooling canal system had a tremendous amount of salinity at that time. He pointed out that, since then, the water salinity had decreased considerably due to a combination of rainfall water and pumping. Consequently, the water was now a bit fresher than Biscayne Bay; and a considerable amount of data, beginning in September 2015, had been collected and was under review in connection with the station immediately adjacent to the cooling canal system due to the increased amount of ammonia observed. He noted DERM had used its enforcement authority and entered into a consent agreement with them. In connection with Commissioner Levine Cava’s inquiry, Assistant Director Hefty advised FP&L did not have approval from any of the agencies to convey water; and when the Board limited their permit to one year last year, DERM placed a condition on them to have the pipes removed by December 30, 2015. He stated that FP&L was asking for a timeframe extension until May 15, 2015, to remove these pipes to allow an opportunity to review the water in the cooling canal system to determine the cause of the high level of ammonia in relation to the cooling canal system. Pursuant to Commissioner Levine Cava’s question, Assistant Director Hefty advised the high ammonia level had been identified within the last two weeks; consequently, a scientist was assigned to study the data in order to be able to take appropriate action. He advised the department issued a Notice of Violation to FP&L in connection with the high chloride concentration detected in the ground water; and as a result, FP&L had entered into a consent agreement with the County to address the contamination detected in the west side. He noted that the long-term plan was to request permission from the State of Florida to install Florida Aquifer Wells to freshen the cooling canal and prevent hyper saliency. Commissioner Levine Cava expressed her support for the approval of the foregoing item since additional water could not be withdrawn, and they were just trying to identify answers. Commissioner Diaz also expressed his support for the approval of the foregoing item since it was only an extension on the timeframe in order to identify answers. In connection with Commissioner Levine Cava’s request, Assistant Director Hefty advised he was uncertain whether a report could be prepared and presented before the Board by January 2016 since it was unknown whether all of the investigations would be completed before that time. He explained FP&L would have to come back before the Board to request permission before using those pipes again; but if they tried to use them again consistent with last year’s permit, the Water Management District gave them permission to use those pipes during the summer’s months starting in June. He clarified FP&L would have to come back before the Board if they wished to use the pipes before the month of June. Commissioner Levine Cava requested that Assistant Director Hefty prepare a status report outlining their findings on the water quality data and the contamination of the cooling canal system and that the report be presented before the Board by February 2016. In connection with Commissioner Moss’ question regarding whether any other contamination outside of the cooling canal system area would be identified, Assistant Director Hefty advised a two-point plan was developed to freshen the cooling canal system to minimize the risk of water leaking out any further and to prevent problems in the future since the hypersaline water migrated a considerable distance west of the cooling canal system. He explained extraction wells would be installed on the western boundary of their property to draw some of that contamination back and hold the line at the edge of their property. Discussion ensued between Commissioner Moss and Assistant Director Hefty regarding the hypersaline water, its impact on the cooling canal system, and the advantage of allowing the pipes to remain in place until May 15th. Assistant Director Hefty advised he had no objections to approving an extension of the deadline and allowing the pipes to remain in place inasmuch as the resources would not be impacted, but the water quality data would be reviewed to ensure the causes of the water contamination in this deep area next to the cooling canal system was understood since it was the only area where the contamination had been identified at this time. He noted that DERM would have to feel very comfortable with the findings before FP&L was allowed to pump water again. Upon conclusion of the foregoing discussion, the members of the Board proceeded to take a vote on the foregoing resolution as presented. NOTE: On handwritten page 3 of the agenda item, which is the second page of the recommendation memorandum of the Department of Regulatory and Economic Resources, Division of Environmental Resources Management, the date referenced at the very end of the page was inadvertently listed as May 31, 2016. The correct date is May 15, 2016, which is consistent with the rest of the recommendation memorandum and resolution.

Office of the Chairperson	12/10/2015		Scrivener's Errors
REPORT:	On handwritten page 3 of the agenda item, which is the second page of the recommendation memorandum of the Department of Regulatory and Economic Resources, Division of Environmental Resources Management, the date referenced at the very end of the page was inadvertently listed as May 31, 2016. The correct date is May 15, 2016, which is consistent with the rest of the recommendation memorandum and resolution.

Jack Osterholt	12/4/2015		Assigned	Office of Agenda Coordination

Office of Agenda Coordination	12/4/2015		Assigned	County Attorney	12/15/2015
REPORT:	RER(public hearing) - Abbie Schwaderer Raurell - no sponsor - Attachments: A - C, Public Hearing Notice

County Attorney	12/4/2015		Assigned	Abbie N. Schwaderer	12/4/2015

Legislative Text

TITLE
RESOLUTION TAKING ACTION ON REQUEST TO MODIFY CLASS I PERMIT CLI-2014-0312 BY FLORIDA POWER AND LIGHT COMPANY AT SW 344TH STREET AND THEORETICAL 356TH STREET, AND THE L-31E CANAL, TO AUTHORIZE TEMPORARY IMPACTS TO 0.24 ACRES OF HALOPHYTIC WETLANDS UNTIL MAY 15, 2016 AT THE PROPERTIES IDENTIFIED BY FOLIO NUMBERS 30-7029-001-0011, 30-7290-000-0010, AND 30-7029-001-0012, MIAMI-DADE COUNTY, FLORIDA

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board having considered all the applicable factors contained within Section 24-48.3 of the Code of Miami-Dade County, hereby approves the request by the Florida Power and Light Company to modify Class I permit CLI-2014-0312 to authorize temporary impacts to 0.24 acres of halophytic wetlands until May 15, 2016 at SW 344th Street and theoretical 356th Street and the L-31E Canal at the properties identified by folio numbers 30-7029-001-0011, 30-7290-000-0010, and 30-7029-001-0012, Miami-Dade County, subject to the conditions set forth in the memorandum from the Miami-Dade County Department of Regulatory and Economic Resources, a copy of which is attached hereto and made a part hereof. The issuance of this approval does not relieve the applicant from obtaining all applicable Federal, State, and local permits.

HEADER
Date:

To:

From: Jack Osterholt, Deputy Mayor/Director
Department of Regulatory and Economic Resources

Subject: Request to Modify Class I Permit CLI-2014-0312 by Florida Power and Light Company
at SW 344th Street and Theoretical 356th Street, and the L-31E Canal, to Authorize
Temporary Impacts to 0.24 Acres of Halophytic Wetlands until May 15, 2016 at the
Properties Identified by Folio Numbers 30-7029-001-0011, 30-7290-000-0010, and
30-7029-001-0012, Miami-Dade County, Florida

STAFF RECOMMENDATION
Recommendation
I have reviewed the attached request by Florida Power and Light Company (FPL) to modify Class I permit CLI-2014-0312. Based upon the applicable evaluation factors set forth in Section 24-48.3 of the Code of Miami-Dade County (Code), I recommend that the Miami-Dade County Board of County Commissioners (Board) approve the request for the reasons set forth below.

Scope
The proposed project is located at SW 344th Street and theoretical 356th Street, and the L-31E Canal, for temporary impacts to 0.24 acres of halophytic wetlands at the properties identified by folio numbers 30-7029-001-0011, 30-7290-000-0010, and 30-7029-001-0012, in Commission District 9, which is represented by Commissioner Dennis C. Moss.

Fiscal Impact/Funding Source
This resolution is a regulatory approval and does not have a fiscal impact as contemplated by Resolution No. R-530-10.

Track Record/Monitor
The Natural Resources Division Chief, Lisa Spadafina, within the Department of Regulatory and Economic Resources, Division of Environmental Resources Management (RER-DERM), will be responsible for monitoring the permit and proposed modification.

Background
FPL owns and operates a cooling canal system (CCS) consisting of an approximately 5,900 acre network of unlined canals at the Turkey Point Power Plant. The CCS was constructed in the early 1970s, and serves as a heat exchange for four (4) of the five (5) power plant units at Turkey Point. In August 2014, the South Florida Water Management District (SFWMD) issued an Emergency Order to FPL authorizing the temporary installation of pipelines and associated equipment to transfer water from the L31E Canal to the CCS to moderate unusually high temperatures and salinity in the system. On April 9, 2015, the SFWMD issued a Final Order to FPL authorizing the temporary pump installation and water withdrawal from the C-103 Basin through the L-31E Canal to reduce salinity and cool water in the system. The SFWMD�s Final Order authorizes withdrawal of water from the L-31E Canal as a temporary measure to occur June 1 through November 30, 2015 and June 1 through November 30, 2016. As a condition of the Final Order from the SFWMD, pumping is only authorized to occur each day after discharges to the bay equal or exceed the amount reserved pursuant to state rule for fish and wildlife in Nearshore Central Biscayne Bay, as determined daily by the SFWMD. Pumping operations will be managed through the monitoring of real time data available on the SFWMD website.

In September 2014, the Board approved Class I permit application CLI-02014-0312 authorizing temporary impacts to wetlands supporting halophytic (salt tolerant) vegetation for the temporary installation of two (2), 36 inch aboveground pipelines to facilitate the transfer water from the L31E canal to reduce salinity and temperature in the CCS. As a condition of that approval and pursuant to the Class I permit, the temporary pumping activities associated with the pipelines ceased by October 15, 2014, and the pipelines were removed. In May 2015, the Board approved a modification to the subject Class I permit to authorize reinstallation of the pipelines in wetlands from May 26, 2015 through January 1, 2016 to facilitate an additional period of water transfers from the L31E to the CCS. It should be noted that in its modification request to the Board in May 2015, FPL sought authorization to use the pipelines for an additional two (2) years. However, the Board�s approval limited the installation and use of the pipelines to one (1) year. As a result, the Class I permit requires the pipelines to be removed by January 1, 2016.

As a result of pumping additional water into the CCS over the past two (2) summers, salinity levels in the cooling canals has significantly reduced from the very high levels that were previously observed. In the subject request, FPL is seeking approval to modify the Class I permit to authorize the previously installed pipelines to remain in place until May 15, 2016, while FPL assesses all monitoring data and further evaluates the need for additional water from the L31E in 2016. FPL does not have authorization to pump and is not proposing to pump water from the L31E during the timeframe requested under this modification. If approved, the permit modification will prohibit the use of the pipelines for transferring water from the L31E canal to the CCS. FPL has been advised that authorization for the pipelines to remain in place beyond the timeframes requested in this modification, or use of the pipelines for transferring additional water will require further approval from the Board.

Section 24-48.13 of the Code provides for RER-DERM to issue modifications to Class I permits. However, if, in the opinion of the Director, the proposed modification will result in a substantial change to the project, said modification shall be subject to a public hearing before the Board. The modification request to extend the authorization beyond the timeframe imposed by the Board has been determined to be a substantial change, and is required to be processed as a standard form application, including a public hearing.

FPL�s representatives assert that further use of water from the L31E to improve water quality in the CCS may be needed until an alternative long term water source is fully approved and functional. Long term monitoring data have indicated that water quality within the cooling canal system has deteriorated over time, resulting in a hyper-saline plume of cooling canal water that has migrated outside the boundaries of the cooling canal system through the groundwater pathway. On October 2, 2015, RER-DERM issued a Notice of Violation to FPL, for violations of County water quality standards and criteria in ground waters outside the boundaries of FPL�s CCS and beyond the boundaries of its property. On October 7, 2015, FPL entered into a Consent Agreement with the County that requires FPL to take action to address water quality impacts outside the CCS, as well as implement a long term plan to improve and maintain water quality within the CCS. As a component of their long term plan, FPL proposes to install wells to supply water from the Floridan Aquifer to maintain salinity in the CCS.

Section 24-48.3 of the Code requires RER-DERM to evaluate project related impacts on wetlands habitat values. The direct physical impacts associated with installation of the pipelines have resulted in impacts to approximately 0.24 acres of wetlands that support halophytic (salt tolerant) vegetation; however, these impacts have been minimized to the maximum extent practicable. Mitigation for the temporary impacts to halophytic wetlands was satisfied through the purchase of mitigation credits from the Florida Power and Light Company Everglades Mitigation Bank (EMB). If approved, the Class I permit will require additional mitigation due to the additional time the pipeline is proposed to remain in place through May 31, 2016.

The project site is not located within an area designated as essential manatee habitat by the Miami-Dade County Manatee Protection Plan; however, the Class I permit will require that all standard construction permit conditions regarding manatees be followed during all in-water operations.

The proposed project has been designed in accordance with all relevant Miami-Dade County coastal construction criteria and is consistent with all Miami-Dade County coastal protection provisions. The attached Project Report sets forth the reasons the proposed project is recommended for approval pursuant to the applicable evaluation factors set forth in Section 24-48.3 of the Code. The conditions, limitations, and restrictions set forth in the Project Report attached hereto are incorporated herein by references hereto.