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2011.08.24 -- UCF, SJRWMD Consent Order on Arboretum

2011.08.24 -- UCF, SJRWMD Consent Order on Arboretum

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Published by: JeffGore on Sep 13, 2011
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11/05/2013

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MEMORANDUM
TO: Governing BoardTHROUGH: Kirby B. Green III, Executive Director
X
Aug 31 2011 1:54 PMDave Fisk
 David W. Fisk, Asst. Executive Director
X
Signer 2
 Mike Register, Dept. Director
Aug 25 2011 8:21 AMMike Register
 Dept. of Environmental Resource PermittingHans G. Tanzler III, General Counsel
Aug 24 2011 12:16 PMHans G Tanzler
 FROM: Kris Davis, Asst. General Counsel
Aug 24 2011 11:12 AMKris Davis
 RE: Consent Order for University of Central FloridaPermit Numbers 4-095-20026-7 and 40-095-20026-91Consent Order Number 937759File of Record No. 2010-16DATE: August 24, 2011
RECOMMENDATION
District staff recommends that the Governing Board approve the attachedConsent Order, which has been fully negotiated with, and will be executed by, theUniversity of Central Florida (“Respondent”), and authorize the Executive Director toexecute the Consent Order on behalf of the Governing Board.
BACKGROUND
On August 10, 1993, the District issued permit number 4-095-20026-7 to theRespondent, authorizing the university’s master drainage plan, including a system ofmaster stormwater ponds to be constructed in phases to serve future campusdevelopment, associated wetland impacts, and a mitigation plan. In accordance withthe District permit, the Board of Trustees of the Internal Improvement Trust Fund
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recorded a Conservation Easement (“CE”) over portions of the university campus asmitigation for wetland impacts. However, the Respondent subsequently conducted thefollowing unauthorized activities within the CE area: removal of 1.05 acres of trees andunderbrush; (2) installation of a small portion of a baffle box; (3) re-alignment of anexisting drainage canal; (4) installation of a bridge over the canal; (5) construction ofgravel paths; (6) construction of a weir within the canal; and (7) placement of fill tocreate raised plant beds. In addition, the Respondent conducted the following activitiesoutside of the CE area but within portions of the wetland and upland Riparian HabitatProtection Zone (“RHPZ”) on the campus without first obtaining a District permit: (1)filling of an existing drainage ditch; (2) installation of a portion of a baffle box; and (3)construction of a pump shed. Upon learning of these violations, District staff sent theRespondent a letter concerning the unauthorized activities and informed theRespondent of the District’s intent to resolve the matter through the entry of a ConsentOrder.
DISCUSSION
District staff worked closely with the Respondent to resolve the outstandingcompliance issues. As a result, the Respondent removed a number of theencroachments from the CE area. The Respondent also obtained a District permitauthorizing the activities that had occurred within the RHPZ wetlands and uplands.Additionally, the Respondent requested that the District release a 7.847-acre portion ofthe CE where the impacts occurred in exchange for Respondent placing a CE over alarger (17.216-acres), more ecologically valuable area within the UCF campus.Because the impacted area is no longer under a CE, the District is not requiring theRespondent to replant that area. In lieu of payment of a monetary penalty, theRespondent has proposed an Environmental Lift Plan (the “ELP”) consisting of wetlandenhancement activities within the UCF campus that would be used to offset theDistrict’s proposed settlement penalty of $19,100.00 and staff costs of $3,634.97.
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