notebook - Southwest Florida Water Management District

notebook - Southwest Florida Water Management District

This is a 20-year renewal with modification to reduce total permitted quantities and combine

seven of Mosaic’s existing Water Use Permits (WUPs) into a single Integrated WUP for the

purposes of phosphate rock mining and fertilizer manufacturing. The mining operations are

conducted on approximately 317,000 acres of property located within the Southern Water Use

Caution Area in Hillsborough, Polk, Hardee, Manatee, and DeSoto Counties. The total

combined permitted Annual Average Daily quantities are reduced from approximately

99.9 million gallons per day (mgd) to 69.6 mgd, a reduction of approximately 30%. The total

combined permitted Peak Month Daily quantities are reduced from approximately 128.0 mgd to

87.0 mgd, a reduction of approximately 32%. The Annual Average Daily quantity of 69.6 mgd is

based upon a calculated 2-in-10 annual rainfall event of 44.5 inches/year. Long-term average

use over the 20-year permit term is anticipated to be no more than 55.2 mgd.

Special Conditions include those that require the Permittee to record and report monthly meter

readings from existing and proposed withdrawal points; allow for pumpage distribution flexibility

for withdrawals and facilities; submit annual mine plans; investigate water resource complaints;

submit 10-year water conservation and alternative source reports; conduct feasibility studies for

Ona and DeSoto mines for material transport water reduction; modify the permit to reflect

incorporation of any new alternative water sources; comply with the Southern Water Use

Caution Area recovery strategy; and implement the approved Environmental Management Plan.

The permit application meets all Conditions for Issuance of Chapter

Administrative Code.

40D-2, Florida

This WUP application was originally scheduled to be considered at the February 28, 2012

Governing Board meeting; however, on February 23, 2012, the District received a petition for

administrative hearing from Nichols Ranch, LLC, Mims Properties Investments, LLC, Mims

Properties, LLC, and Mims Hammocks, LLC (Petitioners) regarding the application. The petition

for administrative hearing was referred to the Division of Administrative Hearings (DOAH) on

March 16, 2012. A formal administrative hearing was scheduled for February 25-28, 2013.

Prior to the administrative hearing a settlement was reached between Mosaic and the

Petitioners. The Petitioners then filed a Notice of Voluntary Dismissal at DOAH on

September 14, 2012. On the same day, DOAH issued an order cancelling the administrative

hearing, closing the file, and relinquishing jurisdiction over the application back to the District.

Accordingly, the WUP application is now before the Governing Board for consideration.

Staff Recommendation:

See Exhibit

Approve the proposed permit included in the Board’s meeting materials as an exhibit.


Brian S. Starford, P.G., Assistant Director Regulation


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