APPENDIX H DRAFT MONITORING PLAN. ERTP Draft Environmental Impact Statement March 2011 H-i

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1 Appendix H Draft Monitoring Plan APPENDIX H DRAFT MONITORING PLAN ERTP Draft Environmental Impact Statement March 2011 H-i

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3 Appendix H Draft Monitoring Plan EVERGLADES RESTORATION TRANSITION PLAN MONITORING PLAN INTRODUCTION Conditions within the Everglades Restoration Transition Plan (ERTP) action area such as, but not limited to, surface water levels, groundwater levels, rainfall, and pumping rates will be monitored for consideration in the decision-making process for U.S. Army Corps of Engineers (USACE) water management operations related to Water Conservation Area 3 (WCA-3), South Dade Conveyance System (SDCS), and Everglades National Park (ENP). USACE and U.S. Fish and Wildlife Service (FWS), along with other interested agencies, shall meet annually to discuss species monitoring data in order to ensure that the monitoring is capturing the appropriate parameters and, over time, to identify any long-term trends. The WCA-3A Periodic Scientists Call (PSC) serves as an ongoing discussion of Central and Southern Florida (C&SF) Project and species conditions. The monitoring and reporting of hydro-meteorological, ecological and multiple species conditions is critical to achieving the ERTP objective of managing WCA-3A water levels and releases for the protection of multiple species and their habitats. This Monitoring Plan includes the gauge locations, species, monitoring protocols and adaptive management strategies (WCA-3A Regulation Schedule Parts A, B and C) to meet the stated ERTP objectives, Performance Measures (PMs) and Ecological Targets (ETs). Monitoring gauges are shown in Figure H-1. To be comprehensive, information on the existing programmatic water quality monitoring as well as the programmatic cultural resource monitoring needs is also included in this monitoring plan. OBJECTIVE This monitoring plan was developed with the intent of ensuring that project objectives are met. The overall objective of ERTP is to improve conditions for the snail kite, wood stork and other wading birds and their habitats in south Florida while maintaining nesting season requirements for the Cape Sable seaside sparrow Subpopulation-A (CSSS-A), along with C&SF Project purposes. The ERTP operating criteria objectives include the management of WCA-3A water levels and releases from WCA-3A for the protection of multiple species and their habitats. The FWS, along with species experts, developed a Multi-Species Transition Strategy (MSTS) for WCA-3A water levels and recession and ascension rates that is based upon the best available science for these species. USACE and FWS, in conjunction with the multi-agency ERTP team, developed PMs and ETs for each species and their habitats based upon the FWS MSTS. PMs are defined as a set of operational guidelines that identify optimal WCA-3A water stages and recession rates to improve conditions in WCA-3A for the benefit of snail kites, wood storks, wading birds and tree islands. In addition, PM-A addresses the nesting window for CSSS-A outlined in the 1999 FWS RPA. ETs are designed to support the intention of the PMs. Figure H-1 shows the locations of the gauges specified within the ERTP PMs and ETs. ERTP Draft Environmental Impact Statement March 2011 H-1

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5 Appendix H Draft Monitoring Plan FIGURE H-1: HYDROLOGIC MONITORING GAUGE LOCATIONS ERTP Draft Environmental Impact Statement March 2011 H-3

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7 Appendix H Draft Monitoring Plan USACE continues to monitor the project performance and, after consultation with FWS, will continue to modify operational parameters as required. Monitoring of vegetative communities, water quality, and fish and wildlife communities is ongoing, and any new data will be used to refine water management operations. USACE will produce an annual assessment of water management operations to include a summary of PSC recommendations, any actions taken as a result of those recommendations and the hydrologic effects that may result from any subsequent water management operations. USACE will continue to work with FWS and other partners to identify water management operations to improve environmental conditions for protected wildlife species and their habitats. EVERGLADES RESTORATION TRANSITION PLAN PERFORMANCE MEASURES AND ECOLOGICAL TARGETS (NOTE: All elevations are referenced to National Geodetic Vertical Datum of 1929 [NGVD].) Performance Measures Cape Sable Seaside Sparrow A. NP-205 (CSSS-A): Provide a minimum of 60 consecutive days at NP-205 below 6.0 feet NGVD beginning no later than March 15. Snail Kite/Apple Snail (Note: All stages for WCA-3A are as measured at WCA-3- gauge average [WCA-3AVG] [Sites 63, 64, 65]) B. WCA-3A: For snail kites, strive to reach waters levels between 9.8 and 10.3 feet, NGVD by December 31, and between 8.8 and 9.3 feet, NGVD between May 1 and June 1. C. WCA-3A: For apple snails, strive to reach water levels between 9.7 and 10.3 feet, NGVD by December 31 and between 8.7 and 9.7 feet, NGVD between May 1 and June 1. D. WCA-3A (Dry Season Recession Rate): Strive to maintain a recession rate of 0.05 feet per week from January 1 to June 1 (or onset of the wet season). This equates to a stage difference of approximately 1.0 feet between January and the dry season low. E. WCA-3A (Wet Season Rate of Rise): Manage for a monthly rate of rise less than or equal to 0.25 feet per week to avoid drowning of apple snail egg clusters. Wood Stork/Wading Birds F. WCA-3A (Dry Season Recession Rate): Strive to maintain a recession rate of 0.07 feet per week, with an optimal range of 0.06 to 0.07 feet per week, from January 1 to June 1. G. WCA-3A (Dry Season): Strive to maintain areas of appropriate foraging depths (5 to 25 centimeters) within the Core Foraging Area (CFA, 18.6 mile radius) of any active wood stork colony. ERTP Draft Environmental Impact Statement March 2011 H-5

8 Appendix H Draft Monitoring Plan H. WCA-3A (Dry Season): Strive to maintain areas of appropriate foraging depths (5 to 15 centimeters) within the CFA (seven to nine mile radius) of any active white ibis or snowy egret colony. Tree Islands (Note: All stages for WCA-3A are as measured at WCA-3AVG [Sites 63, 64, 65]) I. WCA-3A: For tree islands, strive to keep high water peaks less than 10.8 feet, NGVD, not to exceed 10.8 feet, NGVD for more than 60 days per year, and reach water levels less than 10.3 feet NGVD by December 31. Ecological Targets Cape Sable Seaside Sparrow 1. NP-205 (CSSS-A): Strive to reach a water level of less than or equal to 7.0 feet, NGVD at NP-205 by December 31 for nesting season water levels to reach 6.0 feet, NGVD by mid-march. 2. CSSS: Strive to maintain a hydroperiod between 90 and 210 days (three to seven months) per year throughout sparrow habitat to maintain marl prairie vegetation. Snail Kite 3. WCA-3A (Dry Years): Strive to maintain optimal snail kite foraging habitat by allowing water levels to fall below ground surface level between one in four and one in five years (208 to 260 weeks average flood duration) between May 1 and June 1 to promote regenerations of marsh vegetation. Do not allow water levels below ground surface for more than four to six weeks to minimize adverse effects on apple snail survival. EVERGLADES RESTORATION TRANSITION PLAN HYDROLOGIC MONITORING The UCACE Jacksonville District receives data from various sensors and data collection platforms. Automated timed processes which provide provisional near-real-time data required for water management operations. Additional data is also received through an interagency data exchange program among South Florida Water Management District (SFWMD), United States Geological Survey (USGS) and ENP. A World Wide Web homepage includes various hydrometeorological data including but not limited to: ground water elevations, surface water stages, precipitation, wind speed and direction, and barometric pressure and can be accessed at x.htm. In addition, ERTP-related documentation can be accessed at In compliance with the FWS 2010 ERTP Biological Opinion (BO), USACE will continue to monitor the series of existing hydrological gauges and coordinate on the possible addition of new gauges (e.g., in ENP s western marl prairie, and between the NP-205 gauge and the S-12A structure) to measure hydrologic impacts within the ERTP action area. ERTP Draft Environmental Impact Statement March 2011 H-6

9 Appendix H Draft Monitoring Plan EVERGLADES RESTORATION TRANSITION PLAN SPECIES MONITORING In compliance with the Terms and Conditions of the FWS 2010 ERTP BO, USACE will obtain information on: a. The annual status of CSSSs and Everglade snail kites populations in the action area; b. Determine annually the number of Everglade snail kites and wood storks initiating nesting in the action area and the success rate of those nesting efforts each year; c. Impacts of hydrologic changes caused by the action on the CSSS, Everglade snail kite, and wood storks and their habitat; d. The effects of operational changes at specific structures related to these actions and their operations (Table ES-1) on hydrology in the habitats occupied by the CSSS, Everglade snail kite, and wood stork; and e. Any vegetative shifts that may occur due to the action within southern WCA-3A and downstream of S-12D where snail kites may be foraging or nesting. USACE will coordinate with FWS to define the appropriate scopes of work necessary to meet the species monitoring requirements identified. WATER CONSERVATION AREA-3A PERIODIC SCIENTISTS CALLS AND ANNUAL MEETING The purpose of the WCA-3A PSC is for USACE to gather scientific input regarding ecological and hydro-meteorological conditions from various Tribal and governmental agencies to make future water management decisions. The monitoring and reporting of ecological, hydrometeorological and multiple species conditions is critical to achieving the ERTP objective of managing WCA-3A water levels and releases for the benefit of multiple species and their habitats. In response to stakeholder comments, USACE has prepared a PSC Agency Input Form to be completed by resource agency scientists to document their input and recommendations for discussion at the PSC. In return, USACE will provide written documentation after the PSC outlining the agency input, recommendations, any resulting operational changes, and decisionmaking rationale to the participating agencies. USACE will archive these documents electronically to keep track of PSC operating decisions, their basis, hydrological and ecological responses to provide a continuing experience base to assist future water management decisions. Regularly scheduled PSCs in January, May and October will allow USACE to gather input on desired long-term (annual and/or seasonal) conditions within WCA-3A and ENP. In addition, the WCA-3A PSC will occur on an as-needed basis and the frequency of the calls will be determined based upon ongoing or anticipated conditions within the WCAs, SDCS and ENP. Implementation of the WCA-3A PSC will allow for adaptive management of the system based upon the needs of multiple species and their habitats. As well, USACE and FWS, along with other interested agencies, will meet annually to discuss species monitoring data in order to ensure that the species monitoring is capturing the appropriate parameters and, over time, to identify any long-term population trends. ERTP Draft Environmental Impact Statement March 2011 H-7

10 Appendix H Draft Monitoring Plan Currently, prior to each PSC, USACE provides a template (which will likely evolve through use) to the agencies that will allow USACE to gather information from the scientists concerning habitat conditions for multiple species that includes, but is not limited to, nesting and foraging conditions, as well as end dates for CSSS nesting (ENP/FWS CSSS habitat nesting conditions report). USACE compiles the input provided by the scientists, as well as the subsequent water management operational decision and provides these to the scientists via electronic mail. WATER CONSERVATION AREA-3A REGULATION SCHEDULE The WCA-3A Regulation Schedule consists of Parts A, B and C (Figures H-2, H-3 and H-4, respectively) and includes guidance for potential water management actions that will be considered in association with the ERTP PSC for WCA-3A. Figure H-2 depicts Part A of the ERTP WCA-3 Regulation Schedule, outlining WCA-3A stages and corresponding zones. Figure H-3 represents desired ecological goals (i.e. CSSS, snail kite, wood stork or tree islands) that will relate to one or more potential water management operations that could be initiated to meet the desired PMs or ETs. The allowable water management operations are contained within Figure H-4, WCA-3A Regulation Schedule, Part C: Allowable Water Management Operations for WCA-3A. Part B defines a decision path to determine which of the ERTP PMs and ETs to strive to achieve during specific time frames corresponding to the FWS MSTS. Part B includes both long- and short- term ecological goals. Long-term goals include those to be discussed at the regularlyscheduled PSCs to be held in January, May and October of each year and incorporate interannual variability. An example of a long-term ecological goal is to promote regeneration of marsh vegetation and thereby maintain optimal snail kite foraging habitat by allowing water levels to fall below ground surface level between one in four and one in five years (ET-3). This cycle of drying is also important for wood storks and other wading birds. Short-term ecological goals include those to be discussed at the PSCs that will be held on an asneeded basis throughout the year to discuss water management options to address immediate hydrological, meteorological and ecological conditions, and species requirements. An example of a short-tem ecological goal would be to manage ascension rates to prevent drowning of apple snail egg clusters (PM-E). There is substantial overlap between long-term and short-term ecological goals. For example, at the May 1 PSC, the short-term ecological goal would be to continue to manage recession rates for snail kites or wood storks and other wading birds; while the long-term ecological goal would be to look ahead to the upcoming wet season and prevent water levels in WCA-3A from exceeding the tree island high water stage criterion. The overlap between the goals is intentional and is meant to capture inter- and intra- annual variability in hydrological, meteorological and ecological conditions and species requirements. Part C of the WCA-3A Regulation Schedule (Figure H-4) utilizes the WCA-3A, 3 gauge average (WCA-3AVG, average of Sites 63, 64 and 65) with respect to Part A and input from Part B to establish allowable water management operations for WCA-3A. Part C identifies specific ERTP Draft Environmental Impact Statement March 2011 H-8

11 Appendix H Draft Monitoring Plan structures, releases and water management operations utilized to achieve the desired PMs and ETs, and is highly dependent upon input on current and desired ecological conditions (Part B). ERTP Draft Environmental Impact Statement March 2011 H-9

12 Appendix H Draft Monitoring Plan FIGURE H-2: WATER CONSERVATION AREA-3A REGULATION SCHEDULE, PART A: WATER CONSERVATION AREA-3A INTERIM REGULATION SCHEDULE NOTE: All elevations are referenced to National Geodetic Vertical Datum of 1929 (NGVD). ERTP Draft Environmental Impact Statement March 2011 H-10

13 Appendix H Draft Monitoring Plan Part B: Ecological Goals January-April May September October-December Palmer Drought Index, antecedent conditions, seasonal and multiseasonal outlook, past management decisions Palmer Drought Index, antecedent conditions, seasonal and multiseasonal outlook, past management decisions Palmer Drought Index, antecedent conditions, seasonal and multiseasonal outlook, past management decisions CSSS PM-A ET-1 ET-2 Snail Kites Apple Snails PM-B PM-C PM-D ET-3 Wood Storks Wading Birds PM-F PM-G PM-H Tree Islands PM-I CSSS PM-A ET-2 Snail Kites Apple Snails PM-B PM-C PM-D PM-E ET-3 Wood Storks Wading Birds PM-F PM-G PM-H Tree Islands PM-I CSSS PM-A ET-1 ET-2 Snail Kites Apple Snails PM-B PM-C Tree Islands PM-I WCA-3AVG 9.5 to 10.4 feet NGVD WCA-3AVG 8.4 to 9.3 feet NGVD WCA-3AVG < 10.8 feet NGVD Yes Nesting (Anticipated or On-going) No Snail Kite Nesting Snail Kite, Wood Stork / Wading Bird Nesting Wood Stork /Wading Bird Nesting WCA-3A Recession Rate: 0.05 feet/week WCA-3A Recession Rate: 0.05 to 0.07 feet/week WCA-3A Recession Rate: 0.07 feet/week WCA-3A Recession Rate: 0.04 to 0.15 feet/week FIGURE H-3: WATER CONSERVATION AREA-3A REGULATION SCHEDULE, PART B: PERFORMANCE MEASURES AND ECOLOGICAL TARGETS NOTE: All elevations are referenced to National Geodetic Vertical Datum of 1929 (NGVD). ERTP Draft Environmental Impact Statement March 2011 H-11

14 Appendix H Draft Monitoring Plan FIGURE H-4: WATER CONSERVATION AREA-3A REGULATION SCHEDULE, PART C: ALLOWABLE WATER MANAGEMENT OPERATIONS FOR WATER CONSERVATION AREA-3A NOTE: All elevations are referenced to National Geodetic Vertical Datum of 1929 (NGVD). ERTP Draft Environmental Impact Statement March 2011 H-12

15 Appendix H Draft Monitoring Plan PROGRAMMATIC WATER QUALITY MONITORING There is an extensive and robust water quality monitoring program currently in place with sampling routinely conducted for all relevant parameters at all key structures in the C&SF water management system. No introduction of flows into new areas will result from the implementation of ERTP. As ERTP is not introducing flow into new areas, and as there is an extensive monitoring program in place, no additional water quality monitoring is required at this time. Current water quality monitoring is focused toward meeting permit and other mandate requirements, as well as providing information for infrastructure management and environmental restoration. Current broad-scoped monitoring mandates include the Everglades Settlement Agreement/Consent Decree (1995), the Total Phosphorus Rule, the Non-Everglades Construction Project (NECP) Permit, and the Canal-111 Emergency Order #9 (Exhibit B of Executive Order (E.O.) 9). Monitoring required by the aforementioned mandates is described in the South Florida Water Management District s (SFWMD) monitoring projects: Conservation Area Materials Budget, Park Inflows North, Park Inflows East, Everglades Protection Area, Phosphorus Source Control Project, and NECP (see Annex H-A). As changes to infrastructure and management come on-line it is inevitable that changes to the monitoring must occur. Anticipated future project components that will require review of the current water quality monitoring include, but are not limited to, the following: Tamiami Trail Modifications, 8.5 Square Mile Area (SMA), C-111 Spreader Canal (C-111 SC) Phase I, G-3273 relaxation, S-356, and the S-355s. PROGRAMMATIC CULTURAL RESOURCE MONITORING USACE is working on a survey strategy to understand the effects of hydrologic changes on significant cultural resources. This effort will take multiple years to complete; as such, USACE will be implementing a Programmatic Agreement (PA) as specified under Engineering Regulation (ER) Appendix C4 (5)(d)(2) and 36 Code of Federal Regulation (CFR)800.14b(1)(ii). The PA is intended to allow USACE to complete needed cultural resource studies and incorporate its final determination of effects into the Combined Operation Plan (COP) which will supersede ERTP. Until this work is complete, monitoring requirements cannot be specified at this time. However, a USACE archeologist will participate in the PSCs to monitor hydrological conditions in WCA-3 as it relates to the disturbance of unexpected cultural resources. If it is determined that unknown cultural resources are discovered as a direct result of activities associated with ERTP, then USACE will implement consultation with the Florida State Historic Preservation Officer and other appropriate parties to determine an appropriate response. MONITORING REPORTING In compliance with the FWS 2010 ERTP BO, USACE will produce an annual assessment of the input received, actions taken, and the hydrologic effect of those actions in partnership ERTP Draft Environmental Impact Statement March 2011 H-13

16 Appendix H Draft Monitoring Plan with participating agencies and scientists. It is anticipated that this report will also include assessment of ecological and biological response to the actions taken. All reports will be posted on the USACE Jacksonville District s webpage at: m This web page will also contain links to PSC documentation reports, species quarterly and annual monitoring reports, hydrological and meteorological data and SFWMD water quality monitoring reports. ERTP Draft Environmental Impact Statement March 2011 H-14

17 Appendix H Draft Monitoring Plan ANNEX H-A EXISTING WATER QUALITY MONITORING ERTP Draft Environmental Impact Statement March 2011 H-15

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19 Existing Monitoring in WCA3 and Recommended Changes Draft May 3, 2010 Pete Rawlik

20 Glossary ACF ADT BW BWF B M Q QF W WF A flow proportional composite sample collected by autosampler A set of time proportional discrete samples collected by autosampler Biweekly Biweekly if flowing Biweekly if flowing otherwise monthly Monthly Quarterly Quarterly if flowing Weekly Weekly if flowing Weekly if flowing otherwise monthly

21 Authority In 2008, following direction provided by the Executive Office, the Environmental Resource Assessment Department initiated a project to systematically review existing monitoring at the District. This Water Quality Monitoring Reengineering Project has two components including a review of monitoring processes and procedures, and a review of existing monitoring projects on a regional basis. This review of regional monitoring was codified as a SAP PS Project and approved by both the department and the Executive Office. Among the regional monitoring given priority for review was the subject of this document: Water Conservation Area 3 (WCA3). Introduction Over the last twenty years, a variety of mandates have resulted in the development of several water quality monitoring projects at structures discharging to, from, within, as well as projects within the area. These projects include ENP, CAMB, NECP, and PIN. Since the processes that created these projects were spread out over many years and had different mandate vehicles, the monitoring in the area varies with respect to stations, parameters, and frequencies. In addition physical infrastructure changes, including the addition and deletion of structures, coupled with new paradigms in management, have altered the delivery of water. These changes were not reflected in mandates and therefore not always incorporated into the water quality monitoring. This document serves to establish the existing conditions at structures and stations associated with WCA3A, and provide preliminary suggestions on how to proceed with reengineering the associated monitoring programs. Summary of Active Projects Project EVPA (Everglades Protection Area) monitors marsh stations within the water conservation areas. Established in 1994, the project met the requirements of the Settlement Agreement by collecting stations in WCA3A on a biweekly basis. In 2007, the project was adapted to meet the requirements of the TP Rule by monitoring eighteen stations on a monthly basis. In 2008 sampling frequency for the original eleven stations was reduced from biweekly to monthly. Currently the project is comprised of twenty stations. Seventeen stations are located in WCA3A of which two are mandated solely by the Settlement Agreement, six are mandated solely by the TP Rule, and nine are mandated by both the Settlement Agreement and the TP Rule. The remaining three stations in WCA3B are mandated only by the TP Rule.

22 Figure 1. Water Conservation Area 3 showing marsh monitoring stations including those mandated by the Settlement Agreement (ring) and TP Rule (diamond). Project CAMB (Conservation Area Materials Budget) was established by the SFWMD as a research project in 1980s. The Settlement Agreement specifically mentions this project as one of its core monitoring requirements. This project spans multiple conservation areas. Project NECP (Non Everglades Construction Project) was established by the SFWMD in response to the Non Everglades Construction Project permit issued by the Florida Department of Environmental Protection in This project spans multiple conservation areas. The permit classifies structures as one of three types: Into structures discharge from non Everglades sources into the Everglades, From structures discharge from the Everglades to non Everglades water bodies, while within structures move water from one part of the Everglades to another.

23 Project Semi (Seminole Tribe) was established through a cooperative agreement with the tribe and requires that the District monitor specific structures surrounding tribal lands. Project PIN (Park Inflows North) was established in A regional monitoring project, PIN was an attempt to resolve overlapping mandate requirements at stations along Tamiami Trail. Project PIN consolidates monitoring previously carried out by Projects TAMB, CAMB, NECP and ENP. Phosphorus Source Control Project (PSCP) is a program managed by Regulation that uses permits and best management practices in an attempt to limit nutrient laden discharges to the Everglades. An outgrowth and refinement of the Everglades Stormwater Project (ESP), the PSCP is derived from requirements outlined in the Long Term Plan. Review of Structures In order to fully understand existing conditions, monitoring at each structure must be detailed. S150 is a gated culvert that currently serves to discharge water from STA 3/4 or bypass waters into WCA3A. Owing to its proximity to Structure S7, S150 is monitored under the WCA2A monitoring plan, and is not included in this review. S11A, S11B, and S11C are gated spillways that serve to discharge water from WCA2A into WCA3A. These structures are monitored under the WCA2A reengineered monitoring plan, and are not included in this review.

24 G64 is a gated culvert that allows discharge from the old North New River Canal to WCA3A. The source of water to the Old North New River canal was S7W, a gate between S7 and S150 that has since been removed and the canal plugged. The primary source for this canal is now runoff from the levee and US 27. Monitoring at G64 is required by the Non ECP Permit, which classifies it as a Within structure. As a discharge to WCA3A, it could be argued that G64 falls under the Settlement Agreement, but this has not been generally enforced. Table 1. Monitoring requirements at G64 Parameter Non ECP Permit DO BWF ph BWF Temperature BWF Sp. Conductivity BWF TP BWF TKN BWF NOx BWF Turbidity BWF SO4 QF

25 S142 is a gated culvert that was designed primarily for discharge from WCA3A into the L38E canal, although reverse flow is possible. Monitoring at this structure is mandated by the Non ECP permit, which classifies it as a Within structure. As a discharge from WCA3A it could be argued that S142 falls under the Settlement Agreement, but this has not been generally enforced. Table 2. Monitoring requirements at S142 Parameter Non ECP Permit DO B ph B Temperature B Sp. Conductivity B TP B TKN B NOx B Turbidity B SO4 Q

26 Pump Station S8 monitoring is required by both the Settlement Agreement and the Seminole Agreement. It also serves as a surrogate for monitoring structures G404 and G357 that are required by the Seminole Agreement.

27 Table 3. Monitoring requirements at S8. Parameter Settlement Agreement Seminole Agreement DO B W ph B W Temperature B W Sp. B W Conductivity TP ACF ACF TKN ACF NOx ACF TP B W OPO4 B TKN B NOx B NH4 B NO2 B Turbidity B Color B Cl B Alkalinity B TSS B SO4 Q Ca Q K Q Mg Q Na Q SiO2 Q Fe Q S34 and G123 are a pair of structures that separate the L38E from the L35. S34 is a gate that enables water to move south, but can be used for reverse flow. G123 is a pump that can be used to move water from the eastern basins north into WCA2B, WCA2A, and WCA3A using S141, S143, or S142 respectively. S34 is required under the Settlement Agreement and the Non ECP Permit where it is classified as a From structure. S34 is also used as a surrogate for S141 in the Non ECP Permit. G123 is required by the Settlement Agreement, the Non ECP Permit where it is classified as an Into structure. G123 is also the focus of monitoring required by the PSCP.

28 Table 4. Monitoring requirements at S34 and G123 S34 G123 Parameter Settlement Non ECP Settlement Non ECP PSCP Agreement Permit Agreement Permit DO B B B B Event ph B B B B Event Temperature B B B B Event Sp. Conductivity B B B B Event TP B B B B Event TKN B B B B Event NOx B B B B Event Turbidity B B B Y Event OPO4 B B Y Event SO4 Q Q Q Q Ca Q Q Cl Q Q Fe Q

29 S9 and S9A are co located pump stations and control discharges from the C11 Canal into WCA3A. Monitoring at both stations is required under the Settlement Agreement and the Non ECP Permit. Table 5. Monitoring requirements at S9 and S9A S9 S9A Parameter Settlement Agreement Non ECP Permit Settlement Agreement Non ECP Permit DO B B B B ph B B B B Temperature B B B B Sp. Conductivity B B B B TP B B B B TKN B B B B NOx B B B B Turbidity B B B B OPO4 B B B B SO4 Q Q Q Q Ca Q Q Cl Q Q TP ACF ACF ACF TKN ACF ACF NOx ACF ACF

30 S31 and S337 are collocated gated culverts that regulate discharges along the Miami Canal as it leaves WCA3B. S31 serves as a surrogate for S337 in both the Settlement Agreement and the Non ECP permit. Table 6. Monitoring requirements at S31/S337 Parameter Settlement Agreement Non ECP Permit DO B B ph B B Temperature B B Sp. Conductivity B B TP B B TKN B B NOx B B Turbidity B B OPO4 B B SO4 Q Q Ca Q Cl Q

31 S151 is a control structure on the Miami Canal that allows flow from WCA3A to WCA3B, and is mandated by both the Settlement Agreement and the Non ECP permit. Table 7. Monitoring requirements at S151 Parameter Settlement Agreement Non ECP Permit DO B B ph B B Temperature B B Sp. Conductivity B B TP B B TKN B B NOx B B Turbidity B B OPO4 B B SO4 Q Q Ca Q Cl Q

32 S339 and S340 are control structures on the Miami Canal in WCA3A, north and south of I 75 respectively. Monitoring for both structures is carried out at the surrogate station of C123SR84 for both the Settlement Agreement and the Non ECP Permit. Table 8. Monitoring requirements at C123SR84 Parameter Settlement Agreement Non ECP Permit DO B B ph B B Temperature B B Sp. Conductivity B B TP B B TKN B B NOx B B OPO4 B B Turbidity B B SO4 Q Q Ca Q Cl Q

33 L28I is a sampling station located on I 75 at the bridge over the L28I canal. Sampling at this location is mandated by the Settlement Agreement. S140 is a small structure near the western side of WCA3A just north of I75. It is classified by the NECP permit as an Into structure, and has additional requirements under the Settlement Agreement and the PSCP.

34 Table 9. Monitoring requirements at L28I Parameter Settlement Agreement DO BWF/Q ph BWF/Q Temperature BWF/Q Sp. Conductivity BWF/Q TP BWF/Q TKN BWF/Q NOx BWF/Q Cl BWF/Q Turbidity BWF/Q Alkalinity BWF/Q Color BWF/Q NH4 BWF/Q NO2 BWF/Q OPO4 BWF/Q SO4 Q Ca Q K Q Mg Q Na Q SiO2 Q TSS Q Fe Q Table 10. Monitoring requirements at S140 Parameter Settlement NECP Permit PSCP Agreement DO B B W ph B B W Temperature B B W Sp. Conductivity B B W TP B B W TKN B B NOx B B Turbidity B B OPO4 B SO4 Q Q Ca Q Cl Q TPO4 ACF

35 S344 is a small culvert on the southwestern side of WCA3A that allows discharge from the northern portion of the L28 Canal, which is located inside the boundaries of WCA3A, to the southern portion of the L28 Canal which is located outside the boundaries of WCA3A, and is technically part of Big Cypress National Preserve. Monitoring is mandated by the Non ECP Permit. Table 11. Monitoring requirements at S344 Parameter Non ECP Permit DO Q ph Q Temperature Q Sp. Conductivity Q TP Q TKN Q NOx Q SO4 Q Turbidity Q

36 S343A and S343B are small culverts that allow drainage from the southwestern area of WCA3A into Big Cypress National Park. Both structures are mandated by the Non ECP and the Settlement Agreement and use the surrogate station of US41 25 just downstream of S343B. These structures are part of the Park Inflows North (PIN) Project unified monitoring plan that has standardized the sampling set for all applicable mandates. Table 12. Monitoring requirements at US41 25 Parameter PIN Agreement DO B ph B Temperature B Sp. Conductivity B TP B OPO4 B TKN B NOx B TSS B Cl B Ca B SO4 Q Turbidity Q

37 S12A is a structure on the southwestern end of WCA3A along the Tamiami Trail, which allows direct discharge from WCA3A into Everglades National Park. It is mandated by the Settlement Agreement and is part of the Park Inflows North (PIN) Project unified monitoring plan that has standardized the sampling set for all applicable mandates. As one of the end members of the western portion of the L29 canal, it is considered a critical station. Table 13. Monitoring requirements at S12A Parameter PIN Agreement DO ph Temperature Sp. Conductivity TP W OPO4 TKN NOx TSS Cl Ca SO4 Q Turbidity Q TP ADT TKN ADT NOx ADT

38 S12B and S12C are discharges along the western portion of the L29 canal that allow direct discharge from WCA3A to Everglades National Park. Both structures are mandated by the Settlement Agreement and are part of the Park Inflows North (PIN) unified monitoring plan. Table 14. Monitoring requirements at S12B and S12C Parameter PIN Agreement DO WF ph WF Temperature WF Sp. Conductivity WF TP WF OPO4 WF TKN WF NOx WF TSS WF Cl WF Ca WF

39 S12D is a gate located adjacent to S333. S333 is used as a surrogate for all parameters except TPO4. Monitoring at S12D is mandated by the Settlement Agreement, while monitoring at the S333 structure is mandated by both the NECP permit and the Settlement Agreement. Both structures are part of the Park Inflows North (PIN) unified monitoring plan. Table 15. Monitoring requirements at S12A under the Pin Agreement Parameter S333 S12D DO ph Temperature Sp. Conductivity TP W WF OPO4 TKN NOx TSS Cl Ca SO4 Q Turbidity Q TP ADT TKN ADT NOx ADT

40 S355A and S355B are structures that could enable discharge from WCA3B into the eastern portion of the L29. However, these structures are owned and operated by the Army Corps of Engineers and do not yet have an operational permit. Were they to become operational they would fall under the requirements of both that permit and the Settlement Agreement. Both structures are part of the Park Inflows North (PIN) unified monitoring plan. Table 16. Monitoring requirements at S355A and S355B Parameter PIN Agreement DO ph Temperature Sp. Conductivity TP OPO4 TKN NOx TSS Cl Ca SO4 Q Turbidity Q

41 L3/L4 gap is an area in the northwest corner of WCA3A where several canals meet and discharge directly into WCA3A. There is no structure and no monitoring is mandated or occurs there. It is mentioned here as it is the only major inflow to WCA3A that remains unmonitored. Data from structures upstream are used to estimate inputs for this area.

42 WCA3 Interior Monitoring As previously noted, monitoring of stations in the interior marshes of WCA3 is required by two mandates, the Settlement Agreement, and the TP Rule. The Monitoring required for each station is shown in table 17. Table 17. WCA3 Marsh Monitoring Requirements Stations Settlement Agreement Monthly CA39 CA314 CA319 CA324 CA325 S345B6 3AMESO CA3B1 CA3B2 CA32 CA33 CA34 CA35 CA36 CA38 CA311 CA315 CA316 CA317 CA318 Temperature DO, ph, Sp. Conductivity, Alkalinity, Hardness, Turbidity, Color, TSS, TDS TOC, DOC TKN, TDKN, NOX, NO2, NH4 TP, TDP, OPO4 SiO2, Na, K, Ca, Mg, Cl, SO4, Alkaline Phosphatase Temperature DO, ph, Sp. Conductivity, Alkalinity, Hardness, Turbidity, Color, TSS, TDS TOC, DOC TKN, NOX, NO2, NH4 TP, TDP, OPO4 SiO2, Na, K, Ca, Mg, Cl, SO4, Alkaline Phosphatase Settlement Agreement Quarterly Fe Fe TP Rule Monthly TPO4 TPO4

43 Part 2 Recommendations for Possible Monitoring Changes Marsh Monitoring Recent changes to EVPA have reduced the frequency at these stations to monthly, and it is unlikely that any other frequency reductions are feasible. Likewise, given the area of WCA3 and the relatively low density of stations, the chances of finding stations that are surrogates for one another is low. Therefore the only possible changes that exist for reducing monitoring in the marsh are arbitrary changes in sampling station, and reductions in the parameter set. Recommendation 1. Cease monitoring at CA318 and implement a full suite of Settlement Agreement parameters at CA314 (a TP only station). Recommendation 2. Cease monitoring at CA317 and implement a full suite of Settlement Agreement parameters at CA39 (a TP only station). Recommendation 3. Reduce the marsh monitoring set for all of EVPA. A suggested list, derived from a meeting with Research on WCA2A stations downstream from STA2 would consist of Physical Parameters: Nutrients: Ions: Temp., DO, ph, Sp. Conductivity TP, OPO4, TKN, NOx, NH4, TOC Ca, Cl, SO4, K, Mg, Na, SiO2, Alkalinity Structure Monitoring Recommendation 4. G64 was originally improperly classified as a NECP Within structure. It should be reclassified as a NECP Into structure and, given the lack of source water, and low occurrence of flow set to a frequency of biweekly if recorded flow. Recommendation 5. S141 and S142 were mistakenly classified as a NECP Within structures. They should be reclassified as a NECP From structures and, given the low occurrence of flow set to a frequency of weekly if recorded flow.

44 Recommendation 6. S34 was mistakenly included in the NECP permit as a From structure, and is included in the Settlement Agreement as well. It should be removed from both mandates in favor of direct monitoring at S141, S142 and S143. Recommendation 7. G123 was mistakenly included in the NECP permit as an Into structure, and was also included in the Settlement Agreement. It should be removed from both mandates in favor of direct monitoring at S141, S142 and S143. Given the low occurrence of flow at this station, the autosampler should be removed in favor of a specialized response monitoring. Recommendation 8. S9 and S9A are co located structures drawing water from the end of the C11 canal. Grab samples at both stations are not significantly different suggesting that water within the canal is well mixed. Flow weighted mean concentrations derived from the two structures are significantly different, but this is an artifact of differential pump operations. It is recommended that the NECP Permit be modified and a single grab sample be collected for both structures. Recommendation 9. S151 should be modified in the NECP to a frequency of biweekly if recorded flow otherwise monthly. This will supply additional data for the Decomp project. S31/S337 should be modified in the NECP to a frequency of biweekly if recorded flow. Recommendation 10. Monitoring at C123SR84, a surrogate station for S339 and S340 should be removed from the NECP. Sufficient data on water quality is provided by S8, S151, and TP Rule stations CA34, CA36, CA38, CA39, and CA311. Recommendation 11. Monitoring at S344 and station US41 25 (Surrogate for S343A and S343B) should be changed to biweekly if recorded flow for all parameters in the NECP permit. Recommendation 12. The frequency of routine collections for samples at S12A, S12B, S12C, S12D, and S333 should be modified to weekly if recorded flow otherwise monthly. If this occurs, the need for autosamplers and weekly back up samples at S12A and S333 would be eliminated. It should be noted that despite the availability of autosampler data at both these structures, compliance is based on grab samples alone.

45 Recommendation 13. The frequency of routine collections at S334/S356 should be changed to weekly if recorded flow otherwise monthly. If this occurs, the need for autosamplers and weekly back up samples at these structures would be eliminated. It should be noted that despite the availability of autosampler data at both these structures, compliance is based on grab samples alone. Recommendation 14. S355A and S355B should be changed to weekly if recorded flow for all parameters. Issues Delaying Implementation As of this writing, the existing NECP permit expired in April, 2008 and was therefore in a state of Administrative Continuance, during which no modifications are permitted. Additionally, in April 2010 Judge Gold s Order stipulated (among other things) that all new Everglades Forever Act permits issued under the laws of the State of Florida must conform to and comply with, the Clean Water Act, its implementing regulations, a forthcoming Amended EPA determination (due by September 3, 2010), and Gold s orders themselves. Consequently, recommendations 4 through 11 cannot be implemented until such time as EPA issues the Amended Determination, or Judge Gold s order is somehow modified.

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47 Department of Environmental Protection Twin Towers Office Building Jeb Bush 2600 Blair Stone Road Colleen M. Castille Governor Tallahassee, Florida Secretary NON-ECP Phase I Permit with Modifications July 27, 1999; The modification request as permitted on July 27, 1999 involves three proposed changes to the original issued permit. The first set of corrections encompasses typographical errors included in the permit s Routine Monitoring Program Table. The second modification involves the reclassification of the S-333 structure from a FROM structure to a WITHIN structure. The third modification involves a short paragraph to be added to the end of Specific Condition 12 of the permit. November 4, 1999; The requested changes as permitted on November 4, 1999 constitute a minor modification of the permit as summarized below. Summary of Approved Changes Parameter Request Justification Physical Parameters 1) Eliminate all at S-144 & S ) Structure S-145 representative. Nutrients 1) Eliminate all at S-144 & S ) Structure S-145 representative. Trace Metals 1) Eliminate all at S-144 & S-146; 2) Eliminate all at S-344* and 3) Eliminate all at all Within and From Structures** (with the exception of S-333). Major Ions 1) Eliminate all at S-144 & S-146; 2) Eliminate Ca, Mg, & Fe only at S-344* and 3) Eliminate Ca, Mg, & Fe only at all Within and From Structures** (with the exception of S-333). 1) Struc. S-145 representative. 2,3) No excursions from Class III standards. 1) Struc. S-145 representative. 2,3) No excursions from Class III standards. Parameter Request Justification Priority Pollutants 1) Eliminate all PPs at all 11 required structures. 1) Limited detection. * S-344 is actually a From structure but because of separate permit reporting requirements to monitor for one year then evaluate, the request to reduce monitoring at this structure is not grouped with requests for other From structures.

48 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 2 of 25 ** Within Structures: G-64, G-69, G-71, S-10E, S-141, S-142, S-143, S-144, S-145, S-146, S-151, S-339, S-340, S-346, S-347. From Structures: G-94A, G-94B, G-94C, S-31, S-34, S-38, S-39, S- 197, S-334, S-337, S-343A, S-343B. August 30, 2001; The modification request as permitted on August 30, 2001 includes Phase I of the Western C-1 Basin Critical Restoration Project (including operation and maintenance of the S-9 Pump Station). The purpose of this pump station is to pump cleaner seepage waters from Water Conservation Area (WCA) 3 A back into the WCA and reduce the frequency of pumping events from the larger existing S-9 Pump Station (discharges from this pump station are authorized by the Non-ECP Permit). Strikethroughs are deletions; underlines are additions. March 5, 2002; Changes in locations in the annual monitoring report but not in the permit itself. February 25, 2003; The Everglades Non-ECP permit renewal affects only the date of issuance and expiration date. Therefore the Department will treat the Non-ECP permit renewal as a minor modification. January 21, 2005; The modification involves the decommissioning of the S-10E structure and the cessation of all structure related flow-required water quality monitoring, due to its deteriorating condition and inactivity over the past decade. The decommissioning of the S-10E structure will involve filling and plugging of the culverts, dismantling of the gates and platform, and the removal of existing data recording and monitoring equipment. May 18, 2005; The modifications involve the elimination of certain water quality parameters and related language from permit compliance monitoring requirements, revised Quality assurance and Quality control sections under the monitoring program requirements, and the elimination of the S-14, S-175 and S-332 water control structures permitted under the Non-ECP EFA Permit. June 2, 2005; The structures modification involves a change in monitoring frequency at the G-64 and S- 197 structures. July 13, 2006: Mod to include the S-174, S332D, status change S-175 and S-332

49 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 3 of 25 May 3, 2007; The modifications involve the deactivation of the G-69 structure and removal of existing data recording an d monitoring equipment. August 28, 2007 The PIE/ PIN modifications involve modifications to the routine monitoring program. February 21, 2008; The Acme structure modification involves the reduction of the sampling frequency at the G-94D and Acme 1DS structures located in the Acme Improvement District. April 18, 2008; Mercury Monitoring Plan and structures modification involves the following: - Remove monitoring requirements associated with the S-174 since monitoring for this structure is occurring at S-332D. - Remove all reference to the S-38B structure since this structure is part of the North Springs Improvement District system and is not owned or operated by the District. - Remove sampling for pesticides in sediment and water for the G-94 D, ACME 1DS structures, and change ion sampling at these locations from quarterly to biweekly when flowing. This is consistent with the nutrient monitoring frequency required by the permit. - Replace the existing mercury plan with the revised mercury monitoring plan for consistency with the mercury monitoring for the new ECP permits. - Change G-94D structure from a + structure (or additional monitoring location) to a FROM structure, with the Flow Direction from WCA-1 to Acme.

50 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 4 of 25 FINAL PERMIT MODIFICATION Type of Permit: Everglades Forever Act Project: Non-Everglades Construction Project Discharge Structures Counties: Palm Beach, Broward, Dade, Hendry, Collier, Monroe District: Southeast Permit No.: 06, FDEP Mod No.: Applicant: South Florida Water Management District Applicant Address: 3301 Gun Club Road West Palm Beach, FL USACOE No.: N/A Chapters (F.S.): 373 Section: Application Date: September 30, 1994 Date of Issuance: April 21, 2003 Expiration Date: April 21, 2008 PROJECT DESCRIPTION This permit authorizes the District to operate and maintain thirty-seven structures within the control of the District discharging into, within, or from the Everglades Protection Area (EPA) which are not included in the Everglades Construction Project (ECP). Although some of these structures can be operated for multiple purposes, the primary purposes of these structures are set forth below. Seven structures discharge into the Everglades Protection Area: G-123, S-9, S-9A, S-18C, S-140, S-190 and S-332D. Sixteen structures discharge within the Everglades Protection Area: G-64, S-141, S-142, S-143, S-144, S-145, S-146, S-151 S-175, S-332, S-333, S-339, S-340, S- 346, S-347 and Berm B3. Fourteen structures discharge from the Everglades Protection Area: G-94A, G- 94B, G-94C, G-94D, S-31, S-34, S-38, S-39, S-197, S-334, S-337, S-343A, S- 343B, and S-344.

51 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 5 of 25 LOCATION The project is located within and adjacent to the Everglades Protection Area, which is defined as: Water Conservation Areas 1, 2A, 2B, 3A, and 3B, the Arthur R. Marshall Loxahatchee National Wildlife Refuge, and the Everglades National Park. The project area is encompassed by Palm Beach, Broward, Dade, Hendry, Collier, and Monroe Counties. Surface waters within the EPA are Class III Waters; additionally, surface waters within the Arthur R. Marshall Loxahatchee National Wildlife Refuge and the Everglades National Park are Outstanding Florida Waters, pursuant to Rule (9), F.A.C. GENERAL CONDITIONS 1. The terms, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are binding and enforceable pursuant to Chapter , F.S. The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions. 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department. 3. The issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit. However, this permit is in lieu of other permits under Part IV of Chapter 373, F.S. (1994) or part VIII of chapter 403, 1992 Supplement to the Florida Statutes 1991, pursuant to Section (9)(c), F.S. 4. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of sovereignty submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. 5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the

52 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 6 of 25 permittee to cause pollution in contravention of Chapter F.S. (the Everglades Forever Act). 6. The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules. 7. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to: a. Have access to and copy any records that must be kept under conditions of the permit; b. Inspect the facility, equipment, practices, or operations regulated or required under this permit; and, c. Sample or monitor any substances or parameters at any location reasonable necessary to assure compliance with this permit or Department rules. Reasonable time may depend on the nature of the concern being investigated. 8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information: a. A description of and cause of noncompliance; and b. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit. 9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising

53 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 7 of 25 under the Florida Statutes or Department rules, except where such use is prescribed by Sections F.S. with the Florida Rules of Civil Procedure and appropriate evidentiary rules. 10. The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida law. 11. This permit is transferable only upon Department approval in accordance with Rules and , F.A.C., as applicable. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Department. 12. This permit or a copy thereof shall be kept at the work site of the permitted activity. For the purposes of this permit the work site shall be defined as the South Florida Water Management District Headquarters located at 3301 Gun Club Road, West Palm Beach, Florida, The permittee shall comply with the following: a. Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement actions, the retention period or all records will be extended automatically unless otherwise stipulated by the Department. b. The permittee shall hold at the facility or other location designated by this permit records of all monitoring information required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule. c. Records of monitoring information shall include: i. the date, exact place, and time of sampling or measurements; ii. iii. iv. the person responsible for performing the sampling or measurements; the dates analyses were performed or the appropriate code as required by Chapter F.A.C.; the person responsible for performing the analyses;

54 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 8 of 25 v. the analytical techniques or methods used, including MDL; and vi. the results of such analyses. 14. When requested by the Department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly. SPECIFIC CONDITIONS: 1. Sovereign Lands. The permittee is hereby advised that Florida law states: "No person shall commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection under Chapter 253, until such person has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use." Pursuant to Florida Administrative Code Rule (1), if such work is done without consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense. 2. Historical or Archaeological Artifacts. If historical or archaeological artifacts, such as Indian canoes, are discovered at any time within the project site the permittee shall immediately notify the Department s Southeast District Office at the address and telephone number listed in Specific Condition No. 5, below, and the Bureau of Historic Preservation, Division of Historical Resources, R. A. Gray Building, 500 S. Bronough St., Tallahassee, Florida , telephone (904) Water Quality Certification. The permittee is hereby advised that this permit does not constitute state water quality certification. 4. New Permits and Permit Modifications. Pursuant to Section (9), F. S., the permittee shall apply to the Department for a permit or a modification of an existing permit for the following activities: a. construction of superior technologies or other water treatment facilities for new structures or for existing structures included in this permit except for those Everglades Construction Project and related activities to be permitted pursuant to Sections (9)(c-e) and (j), F.S.;

55 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 9 of 25 b. construction, operation, and maintenance of new structures, except for those structures to be included in the Everglades Construction Project; and, c. modifications of existing structures included in this permit. The permittee shall be required to publish a notice of application for any applications submitted in accordance with this permit requirement. 5. Non-ECP Annual Reports. On an annual basis, beginning one year from the date of issuance of this permit, the permittee shall submit a report to the Department at the addresses listed which includes information on this permit as required by the conditions herein. Reports submitted in accordance with this permit condition shall be submitted to the Department s Southeast District Office, 400 North Congress Avenue, P. O. Box 15425, West Palm Beach, Florida, , telephone no. (561) and to the Division of Water Facilities, Everglades Technical Support Section, 2600 Blair Stone Road, MS 3560, Tallahassee, Florida, , telephone no. (904) When submitting these reports to the Department, the permittee shall attach a cover page containing the following statement: This information submitted in accordance with the requirements of Specific Condition No. 5 of Permit No. 06, Land Acquisition and Water Treatment Facility Status Updates. Beginning 1999 and every other year thereafter, the permittee shall submit to the Department an update identifying proposed land acquisition activities and proposed strategies involving the construction and operation of water treatment facilities. These updates shall include information regarding: a. Cost estimates; b. Potential funding mechanisms; and, c. Schedules for completing proposed land acquisition activities and schedules for implementing the construction and operation of water treatment facilities. It is understood that these updates may supplement but will not duplicate those schedules strategies already identified in the final permit application document dated December 22, 1995 or the Supplemental Information document dated April 10, 1997 (revised September 8, 1997), nor will they duplicate strategies being addressed through the Everglades Construction Project permit, as defined by Section (9), F. S.

56 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 10 of Data Evaluations. The permittee shall submit two data evaluations to the Department to ensure the accuracy of the water quality data for the monitoring work conducted in accordance with this permit and to measure progress toward achieving compliance with water quality standards. a. The first data evaluation shall be submitted within one year after the issuance of this permit, and shall include: i. an update of the permittee s water quality data base, as used in the RAM-1 Project identified in the November, 1995 Everglades Program Management Plan ( RAM-1 Project ), to include data from monitoring conducted at the structures included in this permit prior to the issuance of this permit; and, ii. a comparison of the updated data base for the structures included in this permit to state water quality standards, to the extent such an analysis was not already conducted as part of the RAM-1 Project. For standards with numeric criteria, the data from the structures shall be assessed for compliance with those standards using procedures in Rule , F.A.C. For parameters that have narrative water quality criteria, the concentrations obtained at each structure shall be reported. To the extent practicable, preliminary recommended techniques for improving the adequacy of the data shall be included in this report. b. The second data evaluation shall be submitted within two years after issuance of this permit, and shall include: i. an update of the first data evaluation to included the first 12 months of data collected pursuant to the monitoring requirements of this permit; and, ii. recommended techniques for improving the adequacy of the data obtained at each of the structures monitored in accordance with this permit, including: (A) (B) (C) contamination problems; presentation of monitoring information; and, methods to improve the frequency of sampling during flow events, if necessary.

57 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 11 of Regulatory Action. In order to implement adaptive regulatory schedules and strategies for structures which discharge into the Everglades Protection Area, including structures not operated, maintained and controlled by the permittee, the permittee shall submit, as part of the Non-ECP Annual Report required by Specific Condition No. 5, an annual Regulatory Action Report to the Department. The report shall be based on information obtained from the monitoring requirements of this permit, as well as information from permits issued under Part IV of Chapter 373, F.S. This report shall identify necessary regulatory actions, including: a. identification of structures or systems requiring permits under Part IV, Chapter 373, F.S.; b. modifications of existing permits, issued pursuant to Part IV, Chapter 373, F.S. to improve the adequacy of water quality monitoring; c. modifications of existing permits, issued pursuant to Part IV, Chapter 373, F.S. to achieve compliance with state water quality standards; and, d. development of geographic-based water quality regulatory programs. The permittee and the Department shall review the recommendations contained in each regulatory action report, and proceed as appropriate to implement agreed-upon corrective actions. 9. Schedules and Strategies. The final permit application dated December 22, 1995, the Supplemental Information document dated April 10, 1997 (revised September 8, 1997), and Schedule and Strategies Affecting the S-9A Pump Station, which include a detailed description of the goals, water control structures, hydrologic basins, and schedules and strategies for this project are hereby appended to the permit as Exhibit A, Exhibit B, and Attachment A-D, respectively, incorporated herein by reference. The permittee and the Department shall use their best efforts to implement the schedules and strategies contained therein. An update and evaluation of those schedules and strategies shall be provided by the January 1, 1999 Interim Report, as required by the Everglades Forever Act, (4)(d)5., Fla. Stat. SPECIFIC CONDITIONS FOR MONITORING PROGRAM: 10. Data Quality Assurance. The permittee shall ensure that all laboratory analytical data submitted to the department as required by this permit is from a laboratory which has a currently valid and Department-approved Comprehensive Quality Assurance Plan (ComQAP), or a ComQAP pending approval, for all parameters being reported as required by Chapter , Florida Administrative Code.

58 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 12 of Mercury Screening Program. The permittee shall monitor mercury, report the results obtained and take all necessary actions as specified in the document entitled Mercury Monitoring Program, which is herein incorporated by reference and made apart of this permit as Exhibit E. 12. Annual Monitoring Reports. All monitoring data shall be submitted annually, as part of the Non-ECP Annual Report required by Specific Condition No. 5, and shall contain the following information: a. permit number; b. dates of sampling and analysis or appropriate code as required by Rule , F.A.C.; c. a statement describing the methods used in collection, handling, storage and analysis of the samples; d. a map indicating the sampling locations; e. a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data and MDL; f. documentation that the laboratory performing the sampling and analyses has an approved Comprehensive Quality Assurance Plan on file with the DEP; and, g. sample collection data for each sample that is taken: i. time of day samples taken; ii. iii. iv. average stage or depth of waterbody; depth of sample; weather conditions at the time of sampling; v. flow period preceding sampling; and, vi. monthly flow volumes;

59 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 13 of 25 h. an evaluation of water quality data, including a comparison of samples with applicable water quality standards, as appropriate; i. recommendations for improving water quality monitoring, as appropriate; j. recommendations and evaluations regarding implementation of the strategies and schedules contained in this permit, as appropriate. The permittee and the Department shall review the recommendations contained in each annual report, and proceed as appropriate to implement agreed-upon corrective actions when necessary, pursuant to Section , F.S. 13. Sampling of Flow Events. On regularly scheduled sampling dates, and when practical, the District shall give preference to sampling locations in basins experiencing flow events. To the extent practicable, the permittee and ACME Improvement District shall establish an advance notification procedure for the operation of the L-40-1 culvert and the G-94D gated culvert, located downstream from ACME Pump Stations #1 and #2. In addition, a water quality monitoring autosampler shall be installed at the S-9 Pump Station. 14. Reporting of Flow and Non-Flow Samples. Water quality data collected during flow events shall be reported separately from non-flow data. 15. Accessibility of Monitoring Sites. The permittee shall maintain reasonable access to all the monitoring stations required by this permit. In order to assure that the representative samples are obtained, it shall be the responsibility of the permittee to maintain the integrity of the monitoring stations and protect them from destruction or vandalism. Should any of these stations be damaged or destroyed or become inaccessible, the permittee shall notify the Department immediately. The notification shall include information explaining the cause(s) of the damage or inaccessibility and steps to repair or restore the monitoring station or restore accessibility taken (including a schedule explaining when work will be completed) and to prevent the recurrence of such problems. 16. Monitoring Locations Report. Within 90 days of permit issuance, the permittee shall submit for Department approval a monitoring location report containing detailed descriptions of sampling locations for monitoring conducted under this permit. This report shall be submitted independently of the Non-ECP Annual Report required by Specific Condition No. 5. Information contained in this report shall include, but not be limited to:

60 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 14 of 25 a. water control structure type at each monitoring station; b. sample collection locations; c. sample depth; d. and flow conditions. The Department shall have 60 days from the date of receipt of this report to review the report and notify the permittee of deficiencies or necessary modifications. The District shall submit amendments to the Department within 60 days of date of receipt of the notification. Prior to completing this location analysis, water quality monitoring shall be conducted at locations historically used by the permittee in order to maintain the comparability of data. For locations without historic data, monitoring shall occur at locations meeting Department standard operating procedures as specified in the ComQAP. Thereafter, locations may be modified upon agreement of the Department and the permittee. 17. Removal of Parameters. Upon demonstration that a specific parameter(s) is not present or is found consistently in compliance with Class III Water Quality Standards, the District may request a modification to the monitoring program as appropriate. A minimum of one year s worth of data, for those parameters being sampled quarterly or more frequently, will be required prior to the Department approving any modification to the monitoring program. Parameters sampled semi-annually or annually will be examined on a case by case basis. The Department may approve a reduction of the monitoring frequency or waive the monitoring requirement for parameters which consistently are reported as in compliance with state water quality standards. 18. Addition of Parameters. If the Department has reason to believe that additional parameters exist which may cause or contribute to water quality violations in the project area, those parameters shall be added to the monitoring section of this permit as a permit modification. 19. Additional Schedules and Strategies. If the permittee develops additional schedules and strategies pursuant to subsection (9)(k)1., F.S., which are not otherwise addressed in the conditions of this permit, those additional schedules and strategies shall be included in the Non-ECP Annual Report to be submitted in accordance with Specific Condition No Emergency Suspension of Sampling. Under hurricane, tropical storm warnings, or other extreme weather conditions, the permittee s normal sampling schedule may be suspended if necessary. The permittee shall notify the Department s Southeast District Office and Everglades Technical Support Section at the addresses and telephone numbers

61 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 15 of 25 listed in Specific Condition No. 5, above of any anticipated sampling suspension associated with hurricanes, tropical storms, or other extreme weather events that may require deviation from the normal sampling schedule. Within 14 days following the cessation of emergency conditions the permittee shall notify the Department of when normal sampling will resume.

62 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 16 of 25 I. PHYSICAL PARAMETERS ROUTINE MONITORING PROGRAM PARAMETER LIST STORET CODE PARAMETER UNIT TEMPERATURE WATER DEG C DISSOLVED OXYGEN MG/L CONDUCTANCE FIELD UMHOS PH STD UN TURBIDITY, NTU NTU II. NUTRIENTS STORET CODE PARAMETER UNIT NITROGEN KJEL MG/L PHOSPHORUS TOTAL MG/L NITRITE-NITRATE AS NITRO. MG/L III. MAJOR IONS STORET CODE PARAMETER UNIT SULFATE MG/L IV. PESTICIDES ANALYSES IN WATER A. ORGANOCHLORINE COMPOUNDS STORET CODE PARAMETER UNIT ALDRIN,WHL WTR UG/L BHC,ALPHA TOT UG/L BHC, BETA, TOT UG/L BHC, DELTA UG/L BHC, GAMMA, (LINDANE) UG/L TRITHION, TOT UG/L (CARBOPHENOTHION) CHLORDANE UG/L CHLOROTHALONIL UG/L CYPERMETHRIN UG/L DDD-p,p UG/L DDE-p,p UG/L DDT-p,p UG/L KELTHANE, TOT (DICOFOL) UG/L DIELDRIN,WHLWTR UG/L

63 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 17 of ENDOSULFAN I UG/L ENDOSULFAN II UG/L ENDOSULFAN SULFATE UG/L ENDRIN, WHL WTR UG/L ENDRIN ALDEHYDE UG/L HEPTACHLOR UG/L HEPTACHLOR EPOXIDE UG/L METHOXYCHLOR UG/L MIREX UG/L PERMETHRIN UG/L TOXAPHENE UG/L TRIFLURALIN/BENFLURALIN UG/L PCB-1016 UG/L PCB-1221 UG/L PCB-1232 UG/L PCB-1242 UG/L PCB-1248 UG/L PCB-1254 UG/L PCB-1260 UG/L B. ORGANOPHOSPHORUS AND NITROGEN COMPOUNDS STORET CODE PARAMETER UNIT ALACHLOR UG/L AMETRYN UG/L ATRAZINE UG/L AZINPHOS METHYL UG/L (GUTHION) BROMACIL UG/L BUTYLATE UG/L CHLOROPYRIFOS ETHYL UG/L CHLOROPYRIFOS METHYL UG/L DEMETON UG/L DIAZINON, TOT UG/L DISULFOTON UG/L ETHION UG/L ETHOPROP UG/L FENAMIPHOS UG/L FONOPHOS UG/L HEXAZINONE UG/L MALATHION H20 UG/L METALAXYL, TOTAL UG/L METOLACHLOR UG/L METRIBUZIN UG/L

64 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 18 of MEVINPHOS UG/L NALED UG/L NORFLURAZON UG/L PARATHION METHYL UG/L PARATHION ETHYL UG/L PHORATE UG/L PROMETRYN UG/L SIMAZINE UG/L C. UREA AND OTHER PESTICIDES STORET CODE PARAMETER UNIT BROMACIL (HYVAR) UG/L DIURON UG/L LINURON UG/L V. PESTICIDE ANALYSIS IN SEDIMENT A. ORGANOCHLORINE COMPOUNDS STORET CODE PARAMETER UNIT ALDRIN, UG/KG BHC,ALPHA BOT UG/KG BHC, BETA UG/KG BHC, DELTA UG/KG BHC, GAMMA, (LINDANE) UG/KG TRITHION, TOT UG/KG (CARBOPHENOTHION) CHLORDANE UG/KG CHLOROTHALONIL UG/KG DDD-p,p UG/KG DDE-p,p UG/KG DDT-p,p UG/KG KELTHANE, TOT (DICOFOL) UG/KG DIELDRIN,WHLWTR UG/KG ENDOSULFAN I UG/KG ENDOSULFAN II UG/KG ENDOSULFAN SULFATE UG/KG ENDRIN UG/KG ENDRIN ALDEHYDE UG/KG HEPTACHLOR UG/KG HEPTACHLOR EPOXIDE UG/KG METHOXYCHLOR UG/KG MIREX UG/KG

65 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 19 of TOXAPHENE UG/KG TRIFLURALIN UG/KG PCB-1016 UG/KG PCB-1221 UG/KG PCB-1232 UG/KG PCB-1242 UG/KG PCB-1248 UG/KG PCB-1254 UG/KG PCB-1260 UG/KG B. ORGANOPHOSPHORUS AND NITROGEN COMPOUNDS STORET CODE PARAMETER UNIT ALACHLOR UG/KG AMETRYN UG/KG ATRAZINE UG/KG AZINPHOS METHYL UG/KG (GUTHION) BROMACIL UG/KG CHLOROPYRIFOS ETHYL UG/KG CHLOROPYRIFOS METHYL UG/KG DEMETON UG/KG DIAZINON UG/KG DISULFOTON UG/KG ETHION UG/KG ETHOPROP UG/KG FENAMIPHOS UG/KG FONOPHOS UG/KG HEXAZINONE UG/KG MALATHION UG/KG METOLACHLOR UG/KG METRIBUZIN UG/KG MEVINPHOS UG/KG NALED UG/KG NORFLURAZON UG/KG PARATHION METHYL UG/KG PARATHION ETHYL UG/KG PHORATE UG/KG PROMETRYN UG/KG SIMAZINE UG/KG

66 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 20 of 25 C. UREA AND OTHER PESTICIDES STORET CODE PARAMETER UNIT DIURON UG/KG LINURON UG/KG VI. ADDITIONAL PARAMETERS STORET CODE PARAMETER UNIT ORTHOPHOSPHORUS MG/L CHLORIDE DISSOLVED MG/L CALCIUM DISSOLVED MG/L TOTAL SUSPENDED SOLIDS MG/L BASIN MONITORING SCHEDULE FREQUENCY SA SEMIANNUAL SAF SEMIANNUAL IF FLOWING BWF BIWEEKLY IF FLOWING MF MONTHLY IF FLOWING B BIWEEKLY IF FLOWING, QTRF QUARTERLY IF FLOWING OTHERWISE MONTHLY BWF/QTR BIWEEKLY IF FLOWING, QTR QUARTERLY OTHERWISE QUATERLY WEEKLY IF FLOWING OTHERWISE MONTHLY LOCATION WCA ENP NRC LWDD WATER CONSERVATION AREA EVERGLADES NATIONAL PARK NEW RIVER CANAL LAKE WORTH DRAINAGE DISTRICT

67 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 21 of 25 ACME Improvement District ( + indicates additional monitoring location) Structure Number Parameter Frequency Flow Direction G-94D + Physical BWF WCA 1 to ACME Gated culverts Nutrients BWF Downstream from Major Ions BWF Acme Pump # 2 Sample only during flow SA ACME1DS + Physical BWF WCA 1 to ACME Gated culverts Nutrients BWF Downstream from Major Ions BWF Acme Pump # 1 C-11 West Basin Structure Number Parameters Frequency Flow Direction S-9 Physical B C-11 Canal Pump Station Nutrients Weekly Flowing to WCA 3A Autosampler Major Ions QTR Pesticides Water QTR Pesticides Sediment SA S-9A Pump Station Physical B C-11 Canal (see Attachment B ) Nutrients B Immediately Except TP - upstream (east of) of Pump Station S-9A C-14 Basin Structure Number Parameters Frequency Flow Direction S-38 Physical B WCA 2A to Gated Culvert Nutrients B C-14 Canal Major Ions QTR

68 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 22 of 25 C-111 Basin ( + indicates additional monitoring location) Structure Number Parameters Frequency Flow Direction S-18C Turbidity, QTR C-111 to ENP all other Physical Total Suspended Solids Gated Spillway Nutrients Orthophoshorus Major Ions Calcium and Chloride QTR Pesticides Water QTR Pesticides Sediment SA S-175 Physical BWF L31W to L-31W Nutrients BWF Sampled Only During Major Ions QTRF Flow S Turbidity, QTR C-111 Canal to all other Physical Total Suspended Solids Gated Spillway Nutrients C-111 Canal Orthophoshorus Major Ions QTR (Stage Control) Calcium and Chloride Pesticides Water QTR Pesticides Sediment SA S Turbidity, all other Physical Total Suspended Solids Box Culvert Nutrients Orthophoshorus Major Ions Calcium and Chloride Pesticides Water Pesticides Sediment S-197 Gated Spillway Turbidity, all other Physical Total Suspended Solids Nutrients Orthophoshorus Major Ions Calcium and Chloride QTR QTR QTR SA QTR BWF/ QTR BWF/QTR BWF/ QTR BWF/QTR QTR BWF/QTR C-111 Basin to C-111E Canal (Stage Control) C-111 Canal to Barnes Sound

69 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 23 of 25 S Turbidity, all other Physical Total Suspended Solids Pump Station Nutrients Orthophoshorus Major Ions QTR L-31N Canal to L-31N Canal C-1 and Calcium and Chloride Pesticides Water QTR C-111Basin Divide Pesticides Sediment SA (Stage Control) S-332 Physical BWF L-31W to ENP Sampled Only During Flow Nutrients BWF Major Ions S-332D Turbidity, all other Physical Total Suspended Solids Representative Nutrients Orthophoshorus Samples Collected Major Ions Calcium and Chloride S-332DX Pesticide-Water QTR Pesticides-Sediment SA Berm B3 Concrete berm part of the C-111 Project * Turbidity, all other Physical Total Suspended Solids Nutrients Orthophoshorus Major Ions Calcium and Chloride QTRF QTR QTR QTR B B B B QTR B L-31N Canal through L-31W Canal to ENP (Stage Control) L-31N (downstream of S-332D) to ENP * Berm B3 is a concrete berm between Cell 5 and the Flow Way of the Federal C-111 Project

70 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 24 of 25 Everglades National Park Structure Number Parameters Frequency Flow Direction S-346 Culverts Turbidity, QTR L-67 Ext. Canal all other Physical Total Suspended Solids Representative Nutrients to ENP Sample Collected S-333 Orthophoshorus Major Ions Calcium and Chloride S-347 Culverts Turbidity, all other Physical Total Suspended Solids Representative Nutrients QTR QTR Orthophoshorus Sample Collected Major Ions QTR S-333 Calcium and Chloride L-28 and Feeder Canal Basins L-67 Ext. Canal to ENP Structure Number Parameters Frequency Flow Direction S-140 Physical B L-28 Canal to Pump Station with Nutrients B WCA 3A Gated Spillway Major Ions QTR Pesticides Water QTR Pesticides Sediment SA S-190 Physical B L-28 Inter. Canal to Gated Spillway Nutrients B WCA 3A Major Ions QTR Pesticides Water QTR Pesticides Sediment SA

71 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 25 of 25 Hillsboro Canal Basin Structure Number Parameter Frequency Flow Direction G-94B Physical B WCA 1 to LWDD Gated Culvert Nutrients B Also representative Major Ions QTR of G-94A & G-94C S-39 Physical B WCA 1 to Gated Spillway Nutrients B Hillsboro Canal Major Ions QTR North New River Canal Basin Structure Number Parameters Frequency Flow Direction G-123 Physical B NRC to S-141 or Pump Station Nutrients B NRC to S-143 Major Ions QTR WCA 3A Pesticides Water QTR Pesticides Sediment SA S-34 Physical B WCA 2A,2B & 3A Gated Culvert Nutrients B to NRC Major Ions QTR S-141 Overflow Physical B WCA 2B to NRC Representative Nutrients B Sample Collected Major Ions S-34 S-142 Physical B WCA 3A to NRC Gated Culvert Nutrients B NRC to WCA 3A * Sampled Only Major Ions QTR During Flow *Pesticides Water QTR *Pesticides Sediment SA S-143 Physical B WCA 2A to NRC Gated Culvert Nutrients B Representative Major Ions QTR Sample S-11A North Springs Improvement District ( + indicates additional monitoring location)

72 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 26 of 25 Water Conservation Area 2A Structure Number Parameters Frequency Flow Direction S-145 Physical B WCA 2A Gated Culvert Nutrients B to WCA 2B Major Ions QTR Water Conversation Area 3A Structure Number Parameters Frequency Flow Direction G-64 Gated Culvert Physical BWF US 27 to WCA 3A Sampled Only Nutrients BWF During Flow Major Ions QTRF S-151 Physical B WCA 3A to Gated Culvert Nutrients B WCA 3B Major Ions QTR S-333 Gated Culvert S-334 Gated Culvert Sample collected on the downstream side of S-334 (= upstream side of S356) Turbidity, all other Physical Total Suspended Solids Nutrients Orthophoshorus Major Ions Calcium and Chloride Pesticides Turbidity, all other Physical Total Suspended Solids Nutrients Orthophoshorus QTR QTR QTR QTR WCA 3A to ENP WCA 3A to ENP Major Ions Calcium and Chloride QTR Pesticides Water QTR S-339, S-340 Physical B WCA 3A to Gated Culverts Nutrients B WCA 3B Representative Major Ions QTR Sample C123SR84 S-343A Gated Culvert Turbidity, all other Physical QTR B Representative Sample Collected US41-25 Total Suspended Solids Nutrients Orthophoshorus Major Ions Calcium and Chloride B B B QTR BWFM WCA 3A to ENP

73 Final Permit South Florida Water Management District File No. 06, , Non-ECP Discharge Structures Page 27 of 25 S-343B Gated Culvert Representative Sample US41-25 Turbidity, all other Physical Total Suspended Solids Nutrients Orthophoshorus Major Ions Calcium and Chloride QTR B B B B QTR B WCA 3A to ENP S-344 Physical QTR WCA 3A to L-28 Canal Gated Culvert Nutrients QTR Major Ions QTR Water Conservation Area 3B Structure Number Parameters Frequency Flow Direction S-31 Physical B WCA 3B to Gated Culvert Nutrients B Miami Canal Major Ions QTR Pesticides Water QTR Pesticides Sediment SA Physical B WCA 3B to L-30 Canal S-337 Gated Culvert Representative Nutrients B Sample Collected Major Ions S-31

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109 Exhibit B WATER QUALITY MONITORING PLAN IOP EMERGENCY OPERATIONS FOR THE CAPE SABLE SEASIDE SPARROW BREEDING SEASON 1.0 Introduction The following monitoring plan is an excerpt from a more comprehensive monitoring plan for this project that has been proposed by the South Florida Water Management District (District) and the U.S. Army Corps of Engineers (Corps) currently titled SFWMD C-111 Project Monitoring Plan dated November 11, The Corps and SFWMD will operate the structures and monitor the implementation of the IOP under the terms and conditions of the C-111 Project Cooperation Agreement (PCA) executed in As local sponsor, the District has agreed to operate and maintain the C-111 Project facilities. The Corps and the District have agreed to jointly develop a monitoring plan that will assess the hydrologic, environmental and water quality changes that may occur as a result of the IOP. The aforementioned plan is a result of intra-agency discussions and was submitted by the Corps in their C-111 permit application. For the purposes of this Emergency Order, only portions of the monitoring plan that address DEP regulatory requirements have been incorporated (Functional Section 1). However despite the fact that the other portions of the monitoring plan (Functional Sections 2, 3, and 4) are not explicit requirements of this Emergency Order, the Department expects these portions of the comprehensive C-111 monitoring plan to be implemented as well. Some portions of the comprehensive plan (Functional Sections 2 and 3) are currently being implemented by existing contracts the District has executed/funded with FIU through the end of Fiscal Year 2003 (FY 03). In the event that those contracts are not renewed for the following fiscal year (FY 04), the Department may have to reevaluate the requirements of the Emergency Order monitoring plan to ensure that the remaining portions of the monitoring plan are sufficient. The comprehensive monitoring plan is important for evaluating project performance and downstream effects of the project and subsequently to optimize operations. This type of monitoring is critical for an environmental restoration project such as this. Therefore, the Corps shall provide the Department with bimonthly (every two months) reports on the status of the other portions of the comprehensive monitoring plan including an expected or initial implementation date, explanation of monitoring efforts being conducted, and results of these monitoring efforts. 2.0 Monitoring Required The intent of this monitoring plan is to demonstrate compliance with applicable water quality standards at the point of discharge. Specifically the goal of the plan is to quantify water quality and provide sufficient data to develop a mass balance for constituents of interest. To accomplish these goals the monitoring plan must 1. Measure a water budget for each detention area. 2. Measure concentrations of phosphorus and nitrogen entering and leaving the detention areas. 3. Calculate the loads of phosphorus and nitrogen entering and leaving the detention areas through surface water and groundwater. 4. Measure and evaluate sources of pesticides and other pollutants to and from the detention areas.

110 Exhibit B- IOP Monitoring Plan (01/04) 2 of 10 A familiarity with the physical structure and features of the detention areas is required to comprehend the monitoring plan. Figure 1 presents a conceptual map of the project with labels for all of the major physical components and structures. These labels are interim designations to facilitate the discussion of monitoring. At the current time, there are two distinct detention areas. The S332D Detention Area is supplied with water from the S332D pump station and is comprised of four distinct cells: Head Cell, Cell 4, Cell 5, and the Flow Way. The Head Cell is separated from Cell 4 by a concrete berm (B1). Cell 4 is separated from Cell 5 by an earthen berm (B2). Cell 5 is separated from the Flow Way by a concrete berm (B3). The Flow Way discharges into ENP through a degraded portion of the L31N levee, however, depending on water levels, water may flow from ENP into the Flow Way. Given the problems with measuring flow at the degraded levee, berm B3 will be used as a surrogate for both flow and nutrient discharges into ENP. The second detention area has been labeled the S332B Detention Area and S332C Detention Area, which are hydrologically linked. The S332B Detention Area is supplied with water from the S332B pump station and is comprised of two cells. Water from S332B is pumped into either Cell 1 or Cell 2. Water from the Cell 2 may then flow out into the Connector Cell. The Connector Cell then discharges into the Cell 3. Cell 3 and the Connector Cell are also directly supplied with water from the S332C Pump Station. In the future, all the detention areas may be redesigned and linked hydrologically. In an effort to reduce the repetition of the descriptions of monitoring components, this plan treats the detention areas as a single project with multiple cells, three inflows, a single outflow, and four diversion structures. Particular interest is paid to hydrologic monitoring. This project is based on the control and management of interactions between surface water and groundwater. Consequently, it would seem necessary to have a thorough understanding of the movement of water in and out of the detention area. Towards this end, a water budget must be developed. Additionally, a water budget will provide the necessary basis for the construction of a nutrient budget, which is key to understanding possible impacts to downstream areas.

111 N Inflow Structure Other Structure DS1 Cell 1 L-31N S332B S332C S332D Connecto Culvert DS3 C1 r Cell Culver t C2 Head Berm B1 Berm B2 Cell 2 Cell 3 Cell Cell 4 Berm B3 DS2 Everglades National Park Figure 1. Conceptual Map of the Detention Areas DS4 Diversion Structure Pipeline Cell 5 Flow Way Cell Degraded Levee S332

112 Exhibit B- IOP Monitoring Plan (01/04) 4 of Hydrologic Monitoring Surface Water Flows Surface water flows will be measured at the inflows to the project at S332B, S332C, and S332D. Surface water flows will be measured at the outflow Berm B3. Water flow over the diversion structures (DS1, DS2, DS3 and DS4) will be calculated using staff gauges in each of the cells Surface Water Stage Staff gauges will be installed in all eight cells Groundwater Exchange Seepage from each cell will be estimated by difference Meteorological Parameters and Evapotranspiration Rainfall monitoring sites exist at S174 and S332. Weather stations exist at S331W and in Joe Bay. Evapotranspiration will be calculated using data from these stations. The average evapotranspiration for these two sites will represent evapotranspiration for the detention areas, as will averages for other meteorological parameters. 2.2 Surface Water Monitoring The following are the parameters and frequencies to be monitored during routine operations. Additionally, surface water pesticides and mercury data collected by the Corps must be evaluated to determine if pesticides and mercury need to be sampled at the inflow and outflow sites on a more frequent basis Inflows and Outflows of Detention Areas The three inflows to the project (S332B, S332C, and S332D) and Berm B3 will be monitored as follows: Inflow/Outflow Macronutrients (weekly autosamplers) Continuous monitoring for TP and TN (calculated from TKN and NOx) using autosamplers set for flow proportional, weekly composite sampling 1. (Rather than duplicating the SFWMD monitoring efforts at S-332D, the Corps will utilize the SFWMD data at this station as part of this monitoring program.) Table Parameter list for weekly flow proportional composite autosamplers 1 at the inflow and outflow of the Detention Areas. Sampling Type Number of Sites Parameter Frequency Annual # of Samples Autosampler 4 Tot P 2 Weekly Tot N (tkn +NOx) Weekly Inflow/Outflow Nutrients (biweekly grabs) Biweekly monitoring using grab samples for the following: Table Parameter list for biweekly grab samples at the inflow and outflow of the Detention Areas. Sampling Type Number of Sites Parameter Frequency Annual # of Samples In situ 4 D.O. Biweekly 104

113 Exhibit B- IOP Monitoring Plan (01/04) 5 of 10 In situ 4 ph Biweekly 104 In situ 4 Temperature Biweekly 104 In situ 4 Sp. Conductivity Biweekly 104 Grab 4 Turbidity Biweekly 104 Grab 4 Tot P 2 Biweekly 104 Grab 4 Dis OPO4 Biweekly 104 Grab 4 Dis P Biweekly 104 Grab 4 Tot NH4 Biweekly 104 Grab 4 Tot kn Biweekly 104 Grab 4 Tot NOx Biweekly 104 Grab 4 Dis Cl Biweekly 104 Grab 4 Tot Susp. Solids Biweekly Inflow/Outflow Metals and Pesticides (quarterly grabs) On a quarterly basis the biweekly collection will be expanded to include a suite of parameters including mercury, pesticides, ions and metals. Following one to two years of monitoring, this data should be reviewed and reduced where appropriate. (Rather than duplicating the SFWMD monitoring efforts at S-332D, the Corps will utilize the SFWMD data at this station as part of this monitoring program.) Table Parameter list for quarterly grab samples at the inflow and outflow of the Detention Areas. Sampling Type Number of Sites Parameter Frequency Annual # of Samples Grab 4 Alkalinity Quarterly 16 4 Dis Na Quarterly 16 4 Dis K Quarterly 16 4 Dis Ca Quarterly 16 4 Dis Mg Quarterly 16 4 Dis Fe Quarterly 16 4 Dis SiO2 Quarterly 16 4 Dis SO4 Quarterly 16 4 Dis Cd Quarterly 16 4 Dis Cu Quarterly 16 4 Dis Zn Quarterly 16 4 Dis Solids Quarterly 16 4 Dis. Organic C Quarterly 16 4 Hardness (calculated) Quarterly 16 4 Tot Hg 3 Quarterly 16 4 Pesticide Suite 4 Quarterly Interiors of Detention Areas Normally, monitoring the transport of nutrients between cells would be relegated to an optimization plan. However, in the case of these detention areas, monitoring of some parameters has been included in the permit compliance monitoring section. The purpose of this monitoring is to measure the influence of groundwater exchange on the surface water quality within the northern cells. This monitoring may also capture the effect of leaching of nutrients and other parameters from the levee material. The sites to be monitored are the culverts between Cell 2 and the Connector Cell (C1), and Cell 3 and the Connector Cell (C2) Interior Waters Nutrients and Mercury (monthly Grabs)

114 Exhibit B- IOP Monitoring Plan (01/04) 6 of 10 The two surface water sites will be monitored for physical parameters, nutrients and ions on a monthly basis. Additionally, mercury in surface water will be monitored quarterly. Table Parameter list for monthly grab samples in interior of the Detention Areas. Sampling Type Number of Sites Parameter Frequency Annual # of Samples In situ 2 D.O. Monthly 24 In situ 2 PH Monthly 24 In situ 2 Temperature Monthly 24 In situ 2 Sp. Conductivity Monthly 24 Grab 2 Turbidity Monthly 24 Grab 2 Tot P 2 Monthly 24 Grab 2 Tot OPO4 Monthly 24 Grab 2 Dis P Monthly 24 Grab 2 Tot NH4 Monthly 24 Grab 2 Tot kn Monthly 24 Grab 2 Tot NOx Monthly 24 Grab 2 Dis Cl Monthly 24 Grab 2 Dis Organic C Monthly 24 Grab 2 Dis SO4 Monthly 24 Grab 2 Tot Susp Solids Monthly 24 Grab 2 Tot Hg Quarterly Interior Fish (quarterly) On a quarterly basis, mosquitofish will be collected from cells 1,2,3,4,5, the Connector Cell, and the Flow Way Cell and will be analyzed in triplicate for THg (21 samples). Additionally, 40 largemouth bass (or other available top predators) will be collected annually from the 8 cells of the project and analyzed for THg, if sufficient quantities are available. The level of effort for the mercury sampling in fish may be adjusted in the future based upon the results obtained in the first year of the monitoring program. Table Parameter list for sampling of fish interior of the Detention Areas. Sample Type Number of Sites Parameter Frequency Annual # of Samples Mosquitofish 7x3=21 Tot Hg 3 Quarterly 84 Bass 40 THg Annually Biological and Sediment Monitoring It is generally agreed that sediment, periphyton, macrophyte and invertebrate monitoring may be key in helping to understand the optimization of the detention areas for possible water treatment. Such monitoring will be part of any potential PSTA performance plans Diversion Structures from Detention Areas There are four diversion structures in the detention areas, which may be used to overflow out of the detention areas during flood events, or during droughts to move water directly into ENP. These are located on the eastern edge of Cell 1(DS1), on the western edge of Cell 2 (DS2), on the eastern edge Cell 3 (DS3), and on the western edge of Cell 4 (DS4). DS1 and DS3 discharge onto SFWMD properties, which drain into the C-111 canal. DS2 and DS4 discharge into ENP. From a regulatory perspective, only DS2 and DS4 are of

115 Exhibit B- IOP Monitoring Plan (01/04) 7 of 10 concern. In the event that the diversion structures to ENP are necessary, samples for physical parameters, nutrients, ions, pesticides and mercury will be collected once during the event. This data will be compared to inflow data from S332B and S332D. Table Parameter list for surface water monitoring at the Diversion Structures. Sample Type Number of Sites Parameter Frequency Annual # of Samples Grab 2 D.O. 1 2 Grab 2 PH 1 2 Grab 2 Temperature 1 2 Grab 2 Sp. Conductivity 1 2 Grab 2 Turbidity 1 2 Grab 2 Tot P Grab 2 Tot kn 1 2 Grab 2 Tot NH4 1 2 Grab 2 Tot NOx 1 2 Grab 2 Tot Susp Solids 1 2 Grab 2 Dis Solids 1 2 Grab 2 Tot Organic C 1 2 Grab 2 Dis Organic C 1 2 Grab 2 Dis Cl 1 2 Grab 2 Alkalinity 1 2 Grab 2 Dis SO4 1 2 Grab 2 Tot Hg Grab 2 Pesticide Suite It is acknowledged that the flow-proportioned autosampling will require set up of instrumentation and telemetry and therefore may not be implemented immediately. However, this installation should be made a priority and set up should occur in a timely manner. 2 Required MDL for total phosphorus is.004 mg/l 3 Required MDL for total mercury is 0.1 ng/l 4 The Corps recognizes that low-level surface water pesticides analysis is desirable, but has indicated that it is not available as an analysis option to the Corps at this time. Therefore, the Department is working with the Corps to identify appropriately stringent pesticide MDLs for this project and to locate a laboratory with whom the Corps can contract to have acceptable analyses done. 2.3 Groundwater Monitoring Tables and contain the locations, parameters, and frequencies for groundwater monitoring. It should be noted that a team of groundwater experts will be convened to evaluate the existing groundwater monitoring network and available data in an effort to optimize the network, if deemed necessary. This team will focus on opportunities to coordinate IOP groundwater monitoring with the groundwater monitoring needs for the CSOP and L-31N Seepage Management projects where possible. The team will be tasked with avoiding duplication of efforts and minimizing number of wells and frequency of data collection, while ensuring that the monitoring purposes of each of these projects is met. If the team s evaluation results in

116 Exhibit B- IOP Monitoring Plan (01/04) 8 of 10 recommendations to modify the existing groundwater monitoring plan, procedures for making changes to the monitoring plan can be found in Section 3.0 below. Table Existing Groundwater Wells Station ID Well Description General Location S332BES S-332B East Shallow Shallow well immediately east of S-332B detention area S332BED S-332 B East Deep Deep well immediately east of S-332B detention area S332BWS S-332B West Shallow Shallow well immediately west of S-332B detention area S332BWD S-332B West Deep Deep well immediately west of S-332B detention area S332CES S-332C East Shallow Shallow well immediately east of S-332C detention area S332CED S-332C East Deep Deep well immediately east of S-332C detention area S332CWS S-332C West Shallow Shallow well immediately west of S-332D detention area S332CWD S-332C West Deep Deep well immediately west of S-332C detention area S332DES S-332D East Shallow Shallow well immediately east of S-332D detention area S332DED S-332D East Deep Deep well immediately east of S-332D detention area S332DWS S-332D West Shallow Shallow well immediately west of S-332D detention area S332DWD S-332D West Deep Deep well immediately west of S-332D detention area Table Parameter list for ENP groundwater wells Sample Type Parameter Frequency Groundwater Water Level Quarterly Odor Quarterly Color Quarterly D.O. Quarterly ph Quarterly Temperature Quarterly Sp. Conductivity Quarterly Turbidity Quarterly Dis P Quarterly Dis KN Quarterly Dis NO x Quarterly Dis NH 4 Quarterly Alkalinity Quarterly

117 Exhibit B- IOP Monitoring Plan (01/04) 9 of 10 Dis Na Quarterly Dis K Quarterly Dis Ca Quarterly Dis Mg Quarterly Dis Fe Quarterly Dis SiO 2 Quarterly Dis SO 4 Quarterly Dis Cl Quarterly Dis Solids Quarterly Pesticide Suite Semi-Annual 3.0 Changes to the Monitoring Plan This monitoring plan is expected to evolve as more information becomes available and as analysis of the collected data suggests adjustments to frequencies, parameters, sample locations, etc. Requested changes to the monitoring plan do not require amendment of the Emergency Final Order, however they must be submitted to the Department Offices listed in paragraph 26(d) of the Order, and must be approved in writing by the Department s Water Quality Standards and Special Projects Program prior to implementation. 4.0 Quality Assurance and Quality Control Sampling and monitoring data shall be collected, analyzed, reported and retained in accordance with Chapter , F.A.C. Any laboratory test required by this monitoring plan shall be performed by a laboratory that has been certified by the Department of Health (DOH) under Chapter 64E-1, F.A.C., where such certification is required by Rule , F.A.C. The laboratory must be certified for all specific method/analyte combinations that are used to comply with this permit. The analytical method used shall be appropriate so as to determine if the sample complies with Class I and Class III surface water quality standards as specified in Chapter , F.A.C., and groundwater standards as specified in Chapter , F.A.C., whichever is more stringent. All field activities including on-site tests and sample collection, whether performed by a laboratory or another organization, must follow all applicable procedures described in DEP-SOP-001/01 (January 2002). Alternate field procedures and laboratory methods may be used if they have been approved according to the requirements of Rules , and , F.A.C. In accordance with Rule (4), FA.C., the Department has established and published a method detection limit (MDL) and practical quantification limit (PQL) for each approved analytical method for a parameter. The resulting list should provide guidance as to the minimum reporting levels for each parameter required by the Department to demonstrate compliance with this authorization, with the exception of total phosphorus for which a MDL of.004 mg/l is required. 5.0 Reporting Requirements The CORPS shall provide the Department with monthly reports and a final summary report (at the conclusion of emergency operations) on the results of the data analysis associated with the monitoring required herein, as they relate to effects on water quality and compliance with the Everglades Settlement Agreement. Each monthly report submitted to the Department shall include the OGC Case number and, at a minimum, the following information: Records of monitoring information shall include all applicable laboratory information specified in Rule , F.A.C., including the following:

118 Exhibit B- IOP Monitoring Plan (01/04) 10 of 10 1) Date, location, and time of sampling or measurements; 2) Person responsible for performing the sampling or measurements; 3) Dates analyses were performed or the appropriate code as required by Chapter , F.A.C.; 4) Person responsible for performing the analyses; 5) Anlytical techniques or methods used, including MDL and PQL; 6) Results of such analyses, including appropriate data qualifiers; 7) Depth of samples; 8) Flow conditions and weather conditions at time of sampling; and, 9) Monthly flow volumes. Water quality data collected during flow events shall be flagged as such or reported separately from nonflow data. Surface water pesticides should be sampled during flow events. 6.0 Removal of Parameters Upon determination that a specific parameter(s) is not present or is found consistently in compliance with Class III Water Quality Standards, the Corps may request a modification to the monitoring plan as appropriate. A minimum of one year s worth of data, for those parameters being sampled quarterly or more frequently, will be required prior to the Department approving any modification to the monitoring program. Parameters sampled semi-annually or annually will be examined on a case-by-case basis. The Department may approve a reduction of the monitoring frequency or waive the monitoring requirement for parameters that consistently are reported as in compliance with state water quality standards. 7.0 Addition of Parameters If the Department has reason to believe that additional parameters exist, which may cause or contribute to water quality violations in the project area, the monitoring plan may be modified accordingly.

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