notebook - Southwest Florida Water Management District

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notebook - Southwest Florida Water Management District

Item 17.c.

Consent Agenda

October 30, 2012

General Counsel’s Report

Administrative, Enforcement, and Litigation Activities that Require Governing Board Approval

Consent Order – Surface Water Activity - Robert J. Colvin and Mary A. Colvin – Lake

County

On July 31, 2012, this matter came before the Governing Board to authorize litigation against

Robert and Mary Colvin (Owners) for unauthorized wetland dredging and filling in the southern

portion of their property located in Lake County (Property). The Governing Board moved

unanimously for the District to work with the Owners to resolve this matter and, if the matter

could not be resolved, to appear before the Governing Board at its October 2012 meeting to

authorize litigation against the Owners.

On August 28, 2012, the District conducted a site visit at the Owners’ Property, marked the

areas in the southern portion of the Property where fill would need to be removed and areas

where the removed fill could be placed. On September 12, 2012, the District requested the

Owners submit a financial affidavit for the District to determine the Owners’ ability to pay the

$60,300 in penalties that had been assessed for the wetland impacts. The District received the

Owners’ financial affidavit on September 21, 2012.

On October 10, 2012, the District sent the Owners a revised Consent Order. The revised

Consent Order requires restoration to the wetland as discussed during the August 28, 2012, site

visit, waives the penalties of $60,300 if the Owners complete the restoration requirements within

one year of the effective date of the Consent Order, and requires payment of the District’s costs

totaling $2,000 within 30 days of the effective date of the Consent Order.

Staff Recommendation:

Approve the Consent Order between the Southwest Florida Water Management District and

Robert and Mary Colvin.

Presenter:

Ronni Moore, Senior Attorney

146

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