Flagler Estates Concerned Citizens, Inc.

These are questions submitted to DEP by a resident 

As a resident of Flagler Estates I attended the meeting on Sept 3, 2009. We as residents had concerns regarding the fact that according to statements made by the FDEP during that meeting the documents presented on behalf of the Flagler Estates Road and Water District (as well as the landowners), were not submitted to FDEP until the night before.

I asked for permission in advance from FDEP to record the meeting for validation of the events and statements that were made on our behalf. The recording was then brought back to other members of the FECC. In the last FERWD meeting this issue was brought before the Board of Supervisors, at which time we were told that the FDEP was sent this information well in advance and that only the FDEP Attorney was the one that did not receive it until the night before.

Therefore regarding the statements below my questions, are as follows;

1. Did anyone from FDEP receive the documentation that was being referred to specifically on Sept 3^rd regarding FERWD TMDL's prior to the night before?

2. If yes, how far in advance was this information received?

3. In what manner was the information received? (Fax, Email, Certified Mail, or Hand Delivered)

4. How do I get a copy from FDEP of the decision that was made at the close of business on Sept 8^th regarding TMDL's for 16 Mile Creek?

DEP DID receive the report submitted by the District but it came in the night before the September 3, 2009 meeting and it was an awful lot of information and there was insufficient time to review it. MK apologized for the lateness of the submission of the information. (He took responsibility for the lateness.)

Thank you in advance for any insight provided

-_______________________________________

From: Mandrup-Poulsen, Jan [mailto:Jan.Mandrup-Poulsen@dep.state.fl.us]
Sent: Thursday, September 24, 2009 8:11 AM
To: candy
Cc: Hewitt, Betsy; Fields, Meredith C.; Magley, Wayne; Tracy, Amy
Subject: RE: TMDL Meeting Sept 3, 2009

Good morning! Yes, we did receive word from Mr. Kelterthat he was posting to the Department’s ftp site somematerials regarding the formation of Flagler Estates, the District’s Water Control Plan, and a drawing of the watershed boundaries on September 1^st. We immediately shared these materials with our Office of General Counsel. I have included a copy of Mr. Kelter’s e-mail message(below).

At the September 3^rd adoption hearing, our lead attorney, Ms. Betsy Hewitt, noted that she and others had briefly reviewed the materials. Based on that review,the Department did not see evidence that severed jurisdiction. That is, we believe the waters lying within the boundaries of Flagler Estates are indeed“waters of the state,” and that water quality standards do apply. She requested some additional time from the hearing officer (Mr. Drew Bartlett) to do a more thorough review, and he gave her until thefollowing Tuesday (September 8^th) to do so, asMonday, the7th, was a holiday. Following that added review, the Department’s opinion remained unchanged. Mr. Kelter and Mr. Wayne Flowers (attorney representing Flagler Estates) were calledonSeptember 8^thand notifiedof the decision.

The implications of which are that the Department intended to move forward to adopt theTotal Maximum Daily Load reductionsof 30% for both Total Nitrogen and Total Phosphorus, asidentified in the proposed rule (Chapter 62-304.415(43), FloridaAdministrativeCode), without change. I am also including a copy of theSeptember 11letter(in Word)prepared tonotify Mr. Kelter of theDepartment’s findings and its intended monitoring location for future compliance with the Total Maximum Daily Load reductions for Sixteen Mile Creek.

I appreciate your continuing interest in the Total Maximum Daily Load Program. Please let me know if you have any further questions or concerns.

Jan Mandrup-Poulsen, Administrator

Watershed Evaluation and TMDL Section

Florida Department of Environmental Protection

<<RE: ftp site for Mr. Kelter>>

<<Kelter FERWCD.DOC>>

RE: ftp site for Mr. Kelter

Tuesday, September 1, 2009 11:08 AM

From:

"Mike Kelter PE" <mkelter@bellsouth.net>

To:

"Mandrup-Poulsen, Jan" <Jan.Mandrup-Poulsen@dep.state.fl.us>

Cc:

jackievanhorn@bellsouth.net, "District Manager" <jlvanhorn@windstream.net>, "Russell Castleberry" <rcastleberry0@gmail.com>, "Wayne Flowers" <wflowers@llw-law.com>, "Seth O'Connell" <sethcpa@bellsouth.net>, cscheiner@windstream.net, "Press Tompkins" <htompkins@co.st-johns.fl.us>, jstephenson@co.st-johns.fl.us... more

Jan,

I have posted on your ftp site, a pdf file pertaining to WBID 2589 named WBID 2589 DEP Hearing Information.pdf. We created a folder on that site named “WBID 2589”. The file pertaining to items we would like to discuss on Thursday. We have also posted a cad file pertaining to the WBID boundaries. These boundaries are also shown in the document WBID 2589 DEP Hearing Information.pdf. For you information and reading pleasure, we also posted a pdf copy of our District’s Water Control Plan.

We appreciate your efforts on this TMDL to date and look forward to working with you further later this week and in the near future.

Regards,

Mike Kelter, P.E.

Legacy Civil Engineers, Inc

630 Myrtle Avenue

Green Cove Springs, FL 32043

Office: (904) 284-8103

Cell: (904) 338-4284

September 11, 2009

Mr. Mike Kelter, P.E., District Engineer

Flagler Estates Road and Water Control District

c/o Legacy Civil Engineers, Inc.

630 Myrtle Avenue

Green Cove Springs, FL 32043

Re: Proposed Rule No. 62-304.415(43), F.A.C.

Total Maximum Daily Load (TMDL) for Sixteen Mile Creek

Dear Mr. Kelter:

As agreed upon in the teleconference held Tuesday, September 8, 2009, the Department plans to use station 21 FLSJWMSXC, located at SR 13, to monitor for compliance for TMDL implementation activities in Sixteen Mile Creek.

The Department recognizes and acknowledges that the system of swales, canals and water control structures that exist in the area designated as Sixteen Mile Creek in proposed Rule 64-304.415(43), F.A.C., were constructed under authority of a Plan of Reclamation (“Plan”) for the area then described as the Sixteen Mile Creek Water Control District. The original Plan, dated June 4, 1971, as amended in August 1972, was approved and authorized pursuant to law by Final Order entered by the Circuit Court of the Seventh Judicial Circuit, in and for St. Johns County, Florida, in 1972. The Plan was reviewed by the Florida Department of Pollution Control (“FDPC”) and by letter dated February 20, 1973, FDPC stated it had no objection to the Plan. The Florida Department of Natural Resources (“FDNR”) also reviewed the Plan and, by letter dated January 4, 1973, said FDNR concurred with the Plan. The Department also recognizes and acknowledges that construction of the works described in the Plan and authorized by the Circuit Court was completed and made operational by 1974 and have been continuously operated by the Sixteen Mile Creek Water Control District or its successor, the Flagler Estates Road and Water Control District since construction was completed.

Sincerely,

Drew Bartlett

Deputy Director

Division of Environmental Assessment and Restoration

cc: Jan Mandrup-Poulsen

Amy Tracy

Wayne Magley

Link to so-called "Comfort" Letter

ADDITIONAL COMMENTS

The DEP purged the documents that were posted at the website area created for Mr. Kelter.  They do so routinely, due to the amount of information they receive.  This is good because the Water Control Plan that was posted. has not been adopted and should not be adopted. See Petition Regarding the Water Control Plan.  There is STILL a concerted effort to encumber the taxpaters with this unaffordable, grandiose pipe-dream.

DEP further disagrees with the expanding-basin premise put forth on a regular basis.