Charlotte Harbor National Estuary Program Advocacy

The CHNEP's advocacy began in 1999 with a letter to request designation of Horse Creek as an Outstanding Florida Water (OFW). The CHNEP's first Comprehensive Conservation and Management Plan (CCMP) was adopted in 2000. Prior to the adoption of the CCMP, the CHNEP management conference was reluctant to issue advocacy positions without the guidance of an approved CCMP. The CCMP now serves as a basis for the CHNEP advocacy positions.

On February 21, 2003, the CHNEP adopted the its Advocacy and Review Procedures. (A one-page "citizen guide to request an item for CHNEP action" is provided on page 19 and excerpted here.)

Overall of 61 requests where there have been final actions, CHNEP has been successful with 32 requests (62%). Since 2008, we have successfully changed the outcome of all 13 actions. In 2010, six advocacy letters were sent: two to FDEP regarding draft rules, one to SWFWMD regarding the Lower Myakka River Minimum Flows and Levels, one to SFWMD regarding River of Grass acquisition, one to the USACOE regarding area-wide EIS scoping, and one to ARC to add two Peace River projects for state acquisition. Although three of the actions are still pending, CHNEP has successfully introduced changes to the other three requests.

The CHNEP advocacy actions from 1999 through December 2010 are summarized in the report below. Links to each letter are provided as PDF files.

NOTE: The office moved so some letters and phone numbers show the old contact information. Be sure to use the current address (1926 Victoria Ave, Fort Myers FL 33901) and phone number (239/338-2556).

This report will be updated each year for consideration by the Management Conference during their February-March meetings. A report was provided in 2009 and 2010.

Advocacy as of December 31, 2010

Date Advocacy Process Short Title To

Link provided is to letter that was sent.

 Request Outcomes Success? Gratitude to:
11/22/2010 Yes EIS Scoping USCOE Introduced 7 scoping requests.

Too early but SWFWMD transferred review to hydro modeller.

 

 Pending
11/22/2010 Yes MFL for Lower Myakka SWFWMD Introduced 4 major requests. Incorporated in peer review. Sid Flannery  
6/11/2010 Yes Stormwater Treatment FDEP Endorsed the rule and handbook. Made a few comments. Delayed by Governor. Pending  
5/28/2010 No-Director Florida Forever List ARC Requested the Peace River Refuge and Peaceful Horse Ranch projects be added to the Florida Forever project list. Both Projects added to list and ranked. Yes  
5/21/2010 Yes River of Grass SFWMD Endorsed River of Grass Acquisition. Portion acquired Yes Governing Board
3/24/2010 Yes Designated Uses Law FDEP Proposed Revisions to F.A.C. 62-302.400 Designated Use and Surface WAter Classification System, Technical Support Document. Rule adopted. Partial  
12/28/2009 No-Director Nutrient Criteria EPA Request that once the CHNEP estuarine numeric nutrient criteria are completed, they replace any interim EPA estuarine numeric nutrient criteria utilized for modeling freshwater numeric criteria or other purposes for which they are used. Pending    
11/16/2009 Yes MFL for Lower Peace SWFWMD Letter to Governing Board requesting modification to MFL including low flow threshold of 130 cfs, maximum diversion amount, trigger to move into block 2 or 3, and a reevaluation in 5 years. Recommendations presented to GB and PRMRWSA and MFL document to incorporate modifications. Yes Marty Kelly, and Bruce Wirth
6/19/2009 Yes MFL for Lower Peace SWFWMD  Letter to Governing Board requesting more time to review draft MFL. Additional time granted. Yes Governing Board
3/19/2009 Yes F/W Flows to Caloosahatchee USACOE Request continuation of beneficial base flow. Base flows continued Yes Col. Grosskruger
12/18/2008 Yes Estero Bay AP Governor Encourage continued state support for the Estero Bay Aquatic
Preserve programs, activities and office.		 Preserve Office funded. Yes Gov. Crist
12/1/2008 Yes NPDES Monitoring FDEP Consider the value of existing ambient monitoring programs and provide flexibility in using these programs for MS4. Based on comments, FDEP is preparing new draft monitoring plan guidance. Yes Phil Coram and Steve Kelly
10/30/2008 Yes CRWPP SFWMD Adoption of plan with 15 recommendations CHNEP recommendations included in plan. Yes Janet Starnes
3/26/2008 Yes Fertilizer Preemption Senator Aaronberg Request SB 2352, which included preemption language, not be adopted. Written response, Not adopted Yes Senator Saunders
1/18/2008 Yes CF South Pasture Mine Modification FDEP Request additional information regarding application. FDEP incorporated comments, additional modeling. Yes CFI, Orlando Rivera
1/7/2008 Yes Fertilizer Preemption Consumer Fertilizer Task Force Made 7 recommendations regarding final recommendations.  No Response. No  
12/19/2007 Yes CF South Pasture Mine Modification FDEP Request for extension of public comment period. CF and FDEP worked together to extend it. Yes Rick Cantrell
12/18/2007 Yes EIS USACOE Reaffirm support for EIS within the peace and Myakka Basins. Response that request is too broad and to look to local/state permitting processes. No David Hobbie, Chief Reg Div, ACOE
11/19/2007 Yes Stormwater Design Criteria FDEP Modifications to the report “Evaluation of Current Stormwater Design Criteria in Florida.” Response committing to including all BMPs in rule. Yes Eric Livingston
8/20/2007 Yes S Ft Meade Mine Expansion USACOE Request ACOE review permit applications on phosphate mining activities for consistency with the Charlotte Harbor National Estuary Program’s Comprehensive Conservation and Management Plan (CCMP); Special consideration be paid to potential Cumulative and Indirect Impacts in review of this and other permit applications in the region;  A Determination of Consistency with the Charlotte Harbor National Estuary Program’s Comprehensive Conservation and Management Plan (CCMP) and Cumulative and Indirect impacts be included in the Statement of Finding; and  The Charlotte Harbor National Estuary Program receive a copy of the Statement of Finding for the South Fort Meade Mine Expansion and other mine permit applications in the Peace River and Myakka Basins at the above address or my email account. No response No  
6/7/2007 Yes C-43 PIR USACOE Caloosahatchee River (C-43) West Basin Storage Reservoir
Draft Project Implementation Report (PIR) and Environmental Impact Statement (EIS) 		 Some Recommendations Incorporated Yes  
4/25/2007 Yes HB 957/SB 2082, Environmental Permitting House of Representatives Opposed to section 6 of the bill that would preempt local rules concerning wetland protection. Not adopted Yes Rep. Trudi Williams
4/19/2007 Yes Proposed Fertilizer Preemption FL House and Senate Proposed Fertilizer Preemption language not be permitted as an amendment to any legislation this session. Not adopted Yes  
4/4/2007 Yes HB 1816, Restoring Caloosahatchee River US House of Representatives Adopt Restoring the Caloosahatchee River:  A Legacy for Florida, House Bill 1816. Not adopted No  
3/30/2007 Yes SB 2176 Inland Navigation Districts Senate Hold legislation in abeyance until Florida Department of Environment Protection, Office of Coastal and Aquatic Managed Areas (CAMA), can 1) complete its statewide plan for aquatic preserve management, 2) update the management plans for each of 6 Aquatic Preserves within the Charlotte Harbor NEP Study Area and 3) develop the General Permit for the West Coast Inland Navigation District (WCIND) channel designations.  Not adopted Yes Senator Michael Bennett
3/23/2007 Yes HB 535, SB 392 House of Representatives Support adoption of Northern Everglades and Estuaries Protection Act (NEEPA). Adopted Yes Rep. Trudi Williams
3/23/2007 Yes SB 2346/HB 1281 Myakka River Designation Senate Support bill to expand designation of the Myakka River Wildlife and Scenic River to include Charlotte and Manatee Counties. Bill adopted to study expanded designation Partial Senator Michael Bennett
3/23/2007 Yes SB 0548 Protection of Seagrasses Senate Support bill which provides for enforcement, restoration and education associated with seagrasses. Not adopted No  
3/23/2007 Yes SB 2178 Restoration of Sea Grass Beds Senate Support bill and request that the bill add Charlotte County as a pilot program area for seagrass restoration. Not adopted No  
11/20/2006 Yes Cape Coral Burrowing Owls Cape Coral Request Cape Coral invite Tom Allen to present results of study and identify important burrowing owl habitat to protect. No invitation No  
9/26/2006 Yes Lake O Regulation Schedule Study USACOE Several changes to draft LORRS project were requested. LORRS modified Yes  
6/8/2006 Yes Pirate Harbor Inner Channel FDEP Request participation in review process. Not granted. No  
5/2/2006 Yes 90-day Extension for comment period USACOE Requested 90-day extension for the Ona Mine Public Comment Period. Not granted. No  
4/21/2006 Yes Babcock Ranch Acquisition-SB 1226 Senate Adopt SB 1226 to acquire Babcock Ranch. Adopted Yes Senator Paula Dockery
4/17/2006 Yes Horse Creek OFW FDEP Reiterate our support of designating Horse Creek as an Outstanding Florida Water. Not Designated No
4/14/2006 Yes EIS USACOE Reaffirm support for EIS within the peace and Myakka Basins. Not funded but Peace River CIS and Resource Management Plan was funded by State. No  
3/24/2006 Yes HB 1345, SB 2490 supporting crab trap retrieval program FWC Adopt HB 1345/SB 2490 providing a funding mechanism for the removal of crab traps. Not adopted. No  
3/24/2006 Yes HB 1459 supporting laws to regulate reptiles House of Representatives Adopt HB 1459. Not adopted. No  
3/24/2006 Yes Babcock Ranch Acquisition Sun-Herald Place on the record our support of the Babcock Ranch acquisition. Babcock Ranch acquired for conservation purposes. Yes  
11/10/2005 Yes State-wide Aquatic Preserve Document DEP Contractor Request minor revisions and offer support. Cannot find final statewide document posted on FDEP website. Do not know  
5/9/2005 Yes WQ Component for C-43 Reservoir SFWMD Include a water quality component for the Accelerate C-43 reservoir project Received response on 6/27/05. No  
3/21/2005 Yes FPL Land Acquisition FPL Sell property on Gasparilla Island for conservation purposes. Received response on 4/14/05 committing to work with GICIA. No action  
1/14/2005 Yes Corps Public Notice USACOE Review of SAJ20049692 Bethel Community with no objections.  Met with consultants (Johnson Engineering) 1/14/05 and established links to EPA reviewers Robert Lin an Rhonda Evans. Established contacts and procedures to comment on Corps public notices. Yes  
1/14/2005 11/15/04 Policy Committee follow-up SWUCA  SWFWMD Policy Committee requested staff meet with SWFWMD staff regarding 2/18/04 comments and present comments to the Governing Board.  CHNEP staff met with SWFWMD on 12/17/04 and issued a letter outlining ways to address 2/18/04 recommendations and 11/15/04 discussion. Presented points to the SWFWMD Governing Board on 1/15/05. Partial  
10/11/2004 Yes WSE Regulations SFWMD Review of FONSI stated the the CLA adoption was premature, increased damaging freshwater flows, and ignored FWC recommendations regarding lake levels. CHNEP oral presentation of comments to USACE-Jax concerning proposed changes to WSE schedule. Not adopted Yes  
10/4/2004 Yes Phosphogypsum Research EPA Approve research into beneficial uses for phosphogypsum  Brevard County withdrew support based on increased hurricane activities and the need for additional space for a methane gas initiative. No  
7/14/2004 2/18/04 Follow-up WSE Regulations SFWMD 2/18/04 request resulted in proposed revision to WSE which was slightly worse for the Caloosahatchee.  FAX to request west coast public meeting. Public meeting held 8/04/04 and CLA revised Yes  
2/18/2004 Yes SWUCA  SWFWMD Request SWUCA Recovery Strategy include goal to stop saltwater intrusion of Floridan Aquifer and establishing flow ranges. SWFWMD 3/5/04 response No  
2/18/2004 Yes WSE Regulations USACOE/SFWMD USACOE and SFWMD modify the regulations affecting flows from Lake Okeechobee to the Caloosahatchee estuary, including FWC recommendations. Corps 3/23/04 and SFWMD 3/12/04 response committing to revision.  Yes  
11/17/2003 Yes Corps Phosphate Mine Inquiry USACOE 1. A summary of phosphate mining permits with review timetables. We may forward a federal consistency determination within the applicable review timetables; and 2. A presentation by Corps staff on their progress to address cumulative impacts of the proposed phosphate mine projects, pending phosphate mining permits in the Charlotte Harbor Study area, and how the Charlotte Harbor NEP can best assist the Corps in their review and CCMP consistency requirements. No response from the Corps.  However, the Corps has issued a new website to track public notices on a weekly basis. No  
11/17/2003 Yes Programmatic EIS USACOE Reiterate that a programmatic Environmental Impact Statement (EIS) is probably required to comply with the spirit and intent of the National Environmental Policy Act (NEPA), recognizing that Corps permitting and funding activities within the Peace and Myakka River Basins of the Greater Charlotte Harbor watershed constitute federal actions that may have significant effects on the environment, particularly when considered cumulatively.  No response. However, the Florida legislature funded a cumulative impact review for the Peace River basin.  The contractor (PBS&J) recommended using the NEP committees for public and technical review. No  
9/24/2003 Yes Caloosahatchee Coordination USACOE, SFWMD, FDEP, FFWCC, Lee, Charlotte. 1. Develop and implement a Recovery Strategy for the Caloosahatchee River in conjunction with the land management strategies of the local governments to ensure the MFL rule will not be violated in the future; 2. Pending establishment and implementation of a Recovery Strategy, establish an interim measure or series of measures for ensuring the MFL is met should the 200 cfs not be provided by drainage west of S-79, including consideration of supplemental Lake Okeechobee releases; 3. Acquire land within the watershed that will allow for additional storage and natural hydrology; 4. Develop, obtain funding and construct projects to restore and maintain a more natural hydrology; 5. Encourage that future development projects within the Caloosahatchee watershed will not have deleterious influence on groundwater and tributary inputs west of the Franklin Lock system; 6. Research and monitor effects of flows to estuarine resources and water quality to better predict and document causes of failure and necessary actions to correct deficiencies; and 7. Establish a plan for protective maximum flows and levels to the Caloosahatchee Estuary to assure significant adverse impacts do not occur to significant estuarine resources.   No  
6/19/2003 Technical Charlotte Harbor TMDL and PLRG FDEP Encourage the Department to review and incorporate the Southwest Florida Water Management District's work to develop a Pollutant Load Reduction Goal (PLRG) for Charlotte Harbor into the TMDL process for WBIDs 2065A and 2065 B.      
6/18/2003 Technical SWANCC Request USACOE Quantify the number of acres and the location of the wetlands that will be affected or reclassified as non-jurisdictional by the SWANCC decision within our study area. Explain how the determination of non-jurisdictional status is made for these areas.   No  
2/21/2003 Yes Babcock Ranch Acquisition FL House and Senate Support the acquisition of the Babcock Ranch.    Yes  
12/12/2002 Pre-dates Upper Peace River MFL SWFWMD 1. Develop Minimum Flows and Levels rules to protect medium and high flows in addition to the low minimum flows and levels currently proposed;  2. Clarify and modify the Fish Passage Criteria target of a "maximum of 0.6 feet" to a minimum of 0.6 feet for a specific width of the stream channel; 3. Incorporate the loss of flow to subsidence features or reference the Fish Passage and Wetted Perimeter Inflection Point Criteria within the rule; 4. In addition, the Management Conference endorses a rule that provides for the periodic inundation of instream woody habitats, such as snags and roots. However, the period of inundation for the Instream Woody Habitats Criteria should be consistent with the Department of Environmental Protection's recommendations for the Stream Condition Index and Bioassessments; and 5.The Management Conference requests that the Southwest Florida Water Management District revisit the established MFL rules for the Upper and Middle Peace Rivers soon after it has completed rule development for the lower/tidal portion of the river system to ensure consistency and that the established flows and levels are adequate to protect the ecological integrity of the entire system. 2/19/03 Letter From SWFWMD agreed with the points but would not modify anything for this round. No  
12/6/2002 Pre-dates NMFS letter NMFS Initiate Essential Fish Habitat consultation pursuant to the 1996 amendment of the Magnuson-Stevens Act as part of the Corps review of these mining proposals.  NMFS provided verbally that indirect impacts are difficult to quantify No  
9/6/2002 Pre-dates Horse, Joshua, Shell MFL Schedule SWFWMD Include tributaries Horse, Joshua and Shell Creeks for minimum flows and levels development by 2005.    No  
8/23/2002 Pre-dates Reservations SFWMD The white paper be modified to include the Caloosahatchee estuary and Estero Bay as legal source user basins for environmental purposes. Though not adopted, the issue remains on the table. Partial  
5/17/2002 Pre-dates CH Basin Status Report FDEP 1.  Work with EPA to consider information beyond the 1998 Florida 303(d) list and current Florida water quality standards in developing the upcoming revision; and 2. Include all water quality data with a State or Federally approved Quality Assurance Plan in the determination of impairments. CHNEP funded uploading additional water quality data to STORET Yes  
4/24/2002 Pre-dates Myakka TMDL USEPA 1. EPA and the State of Florida should consider additional contaminants as causing impairment of uses in the Myakka system and include this information in the 303( d) list and proposed TMDL rule. We understand that the Agency may be limited to developing limits for contaminants determined to cause impairment through the 303( d) listing process; however, the current 303( d) list, accepted by the Agency, is inadequate. We understand that the State of Florida is developing a revision to the 303(d) listing which is due Fall 2002. We strongly urge that the Agency and State consider information beyond the 1998 Florida 303( d) list and current Florida water quality standards in developing the upcoming revision;  2. The Agency should incorporate additional relevant research, such as studies documenting the aforementioned biological impairments and numerous appropriate empirical loading models, into the development of the proposed TMDL rule; 3. The Agency should clarify the language in the TMDL rule. Since the actual quantitative poundage of pollutants introduced into the river is in question, the TMDL should make clearer that the actual limit is "no additional pollutant loading" in lieu of a current loading estimate calculated by a mechanistic model.      
4/15/2002 Pre-dates PLRG SWFWMD Support the Pollutant Load Reduction Goal (PLRG) recommendations for Charlotte Harbor. Yes
2/15/2002 Pre-dates Lower CH SWIM SFWMD Designate Lower Charlotte Harbor as a Priority 1 Surface Water Improvement and Management Program waterbody Lower Charlotte Harbor is a Designated SWIM waterbody in direct response to NEP action Yes Trudi Williams, Carol Wehle, and Akin Owosina
9/7/2001 Pre-dates Myakka MFL Schedule SWFWMD Request that the Myakka River be considered for inclusion within the list of water bodies to have MFLs established by the year 2005. MFLs have been scheduled for 2006 No  
2/9/2001 Pre-dates Caloosahatchee MFL SFWMD 1. Flows for the months of April, May and June should be addressed; 2. The time frame necessary to attain "significant harm" should be shortened from "3 consecutive years" to "1 year"; 3. Research and monitoring should be conducted to assure significant impacts do not occur to important estuarine resources; 4. Research and monitoring should be conducted to predict and document causes of failure to maintain minimum flows and thereby identify necessary actions to correct deficiencies; and 5. A protective maximum flow and water level should be identified to assure significant adverse impacts do not occur to significant estuarine resources for use during operation of the water management system. #3 request conducted Partial  
9/26/2000 Pre-dates Region-wide EIS USACOE Undertake a Region-wide Environmental Impact Statement for federal permitting and funding activities within the Peace and Myakka River Basins of the Greater Charlotte Harbor watershed.   No  
6/7/1999 Pre-dates TMDL Delisting FDEP Objecting to delisting of several segments from Planning List No