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HomeMy WebLinkAboutExhibit 1BEFORE THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN RE: MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, MIAMI-DADE COUNTY, AND THE CITIES OF MIAMI, WEST MIAMI AND SWEETWATER, DEFINING THE OPERATION OF MAIN PUMP STATION PUMPS DISCHARGING INTO THE C-4 CANAL Pursuant to Chapter 373, Fla. Stat., and the rules promulgated thereunder, this Memorandum of Understanding (MOU) defining the process for cooperation in the operation of the City of Miami (Miami), City of West Miami (West Miami), City of Sweetwater (Sweetwater) and Miami -Dade County (Miami -Dade) stormwater pump stations discharging to C-4 Canal (hereinafter called Stormwater Pumps) is entered into between the South Florida Water Management District (SFWMD) and Miami, West Miami, Sweetwater and Miami -Dade (collectively referred to as Local Governments), by mutual consent, and without this MOU constituting a waiver of any authority of the Local Governments and the SFWMD under Chapter 373, Fla. Stat. and under Chapter 166, Fla. Stat. PURPOSE 1 :This MOU is designed to be applied in the time period preceding, during and .irrmmediately_, following storm events where excessive rain is expected in the • geographic area -of the Local Governments (hereinafter referred to as "major storm"). 2. The purpose of this MOU is to define responsibilities for the cooperation among the parties to this agreement in order to reduce potential flooding and adverse water quantity impacts within the geographic areas of the Local Government, C-4 Basin and downstream areas. FINDINGS OF FACTS 3. Miami is a local municipality subject to the provisions of Chapter 166, Fla. Stat. Miami is the Applicant of ERP Permit Application No. 030311-10, which requests authorization for Miami to construct and operate a surface water management system including pump discharge to the C-4 Canal. 4. West Miami is a local municipality subject to the provisions of [insert statues and ordinances, etc.] West Miami is the Applicant of ERP Permit Application No. 030401-4, which requests authorization for West Miami to construct and operate a surface water management system including pump discharge to the C-4 and C-3 Canals. 5. Sweetwater is a local municipality subject to the provisions of [insert statues and ordinances, etc.] Sweetwater is the Permittee of ERP Permit Nos. 13- 01660-P and 13-02009-P, which granted authorization for Sweetwater to construct and operate a surface water management system including pump discharge to the C-4 Canal. 6. Miami -Dade is a political subdivision of the State of Florida. Miami -Dade is the Applicant of ERP Permit Application No. 060525-24, which requests authorization _ for Miami -Dade to construct and operate a surface water management system including pump discharge to the C-4 Canal. 7. The SFWMD is a public corporation of the State of Florida, existing by virtue of Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code, as a multipurpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida, 33406. The SFWMD is authorized to enter into agreements pursuant to section 373.083, Fla. Stat. and the Local Governments are authorized to enter into interlocal agreements pursuant to Chapter 163.01, Fla. Stat. 8. The SFWMD has adopted the C-4 Basin Operating Plan (Operating Plan) for discharges into the C-4 Canal, a copy of which is attached as Exhibit "1", as may be amended by the SFWMD from time to time. The SFWMD believes that operation consistent with the Operating Plan will provide the best framework to reduce potential flooding and adverse water quantity impacts in the geographic area of the Local Governments, C-4 basin and downstream areas. 9. Local Governments acknowledge that the Operating Plan identifies the conditions in the C-4 basin under which Stormwater Pump operations could result in an increased risk of flooding in the C-4 Basin. Local Governments understand that under certain conditions, the operation of the Stormwater Pumps may result in adverse flood impacts to property owners within the basin. 10. Local Governments, as the operators of the Stormwater Pumps, _ -acknowledge that_the conveyance capacity of the C-4 Canal is limited and may not be -able to accept- the full combined flow of the Stormwater Pumps during heavy rainfall/flooding conditions. 11. After notification by the SFWMD of the potential of a major storm event, Local Governments agree ,to coordinate with each other on the operation of each pump so as to comply to the extent possible with the Operating Plan. 12. The parties to this MOU fully understand that the available capacity of the C-4 Canal is limited and therefore requires cooperation between the parties regarding the operation of Stormwater Pumps during a major storm event. The parties additionally understand -that the operation of the associated Stormwater Pump will not provide Local Governments with ideal drainage. Operation of the Stormwater Pumps by the Local Governments pursuant to the Operating Plan are intended to improve upon the drainage currently experienced by Local Governments but due to capacity constraints in the C-4 Canal, will not provide full drainage to their communities. 13. The parties acknowledge that pursuant to Rule 40E-4.451, Fla. Admin. Code: "Upon the (SFWMD's) determination that an emergency exists within its geographic jurisdiction or any part thereof, as defined in subsection (1)(b)(1-2), the Executive Director shall issue an emergency order which shall describe the conditions which are causing the emergency and the type of corrective action necessary to minimize or abate the emergency condition." Actions pursuant to the SFWMD's emergency authority will supersede this MOU. Based on the foregoing Findings of Fact, the parties to this MOU have reached the following agreements, NOW THEREFORE IT IS AGREED: LOCAL GOVERNMENT RESPONSIBILITIES 14.. Local Governments shall coordinate with each other in the operation of the Stormwater Pumps upon notification by the SFWMD of the expectation of a major storm event, the contacts listed herein, or their designees, shall meet as soon as reasonably practicable to discuss cooperative operation of the Local Governments' pumps in order to reduce flooding and adverse water quantity impacts within the geographic area of the Local Governments, C-4 Basin and downstream areas. These discussions shall include a consideration of the Operating Plan. 15. Local Governments shall provide and maintain locks on the control mechanism for their respective Stormwater Pumps to prevent their unauthorized operation. 16. Local Governments shall prohibit and otherwise prevent unauthorized operation of the Stormwater Pumps. Local Governments shall maintain a record or log of the operation of the Stormwater Pumps. The record or log may be kept manually or electronically and shall provide an accurate record of times, dates and periods that the Stormwater Pumps are in operation. 17. Local Governments acknowledge that as a result of the operation of the Stormwater Pumps adverse impacts prohibited by the applicable Permit(s), Chapter 373, Fla. Stat., or the SFWMD rule, may occur to either the water resources or other C- 4, C-3, C-2 Canal or downstream system users. Therefore, the operation of the Stormwater Pumps shall be the sole responsibility of the Local Governments, and any liabilityor claims of liability for that operation shall be the responsibility of operator of the pump, except for any such actions performed under the direction of the Executive Director of the SFWMD via an emergency order pursuant to Rule 40E-4.451, Fla. Admin. Code. 18. Local Governments shall be the sole contact with the SFWMD for the operation of the Stormwater Pumps. It shall be the obligation of the Local Governments to inform the residents of their respective communities of the provisions of this MOU. 19. Local Governments shall require their respective staff to review and become familiar with the terms and conditions of the Permit(s), this MOU and the Operating Plan. 20. If any other regulatory agency requires changes to the construction or operation of the Stormwater Pumps, the Local Government shall notify the SFWMD in writing of the changes prior to implementation so that a determination can be made as to whether or not a modification to the Permit(s) or this MOU or both is required. Changes requiring a modification to the Permit(s) or this MOU or both shall not be implemented until the modification is approved by the SFWMD. 21. This MOU does not obviate the necessity to obtain any required federal, state, local and special district authorizations prior to the commencement of any activity authorized by the Permit(s) or this MOU. This MOU neither creates nor otherwise conveys to Local Governments any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by Local Governments, nor does it convey any rights or privileges other than those specified in the MOU, the Permit(s), and Chapter 40E-4 or Chapter 40E-40, Fla. Admin. Code. 22. Local Governments do hereby agree to indemnify and hold harmless the SFWMD to the extent and within the limitations of section 768.28, Fla. Stat., from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise solely as a result of the operation of the Stormwater Pumps by the Local Governments, except for any such actions performed under the direction of the Executive Director of the SFWMD via an emergency order pursuant to Rule 40E- 4.451, Fla. Admin. Code. SFWMD RESPONSIBILITIES 23. The SFWMD agrees to install telemetry that will provide operating information on the stormwater pumps referenced herein to the SFWMD's West Palm Beach Control Room. Telemetry shall be installed based on available funding. The SFWMD shall make this telemetry information available electronically on the SFWMD's website. 24. The SFWMD agrees to provide email and telephone notification to the contacts listed herein of the Local Governments of the expectation of a major storm event. JOINT RESPONSIBILITIES 25. Not later than thirty (30) days after the effective date of this MOU, Local Governments shall each designate, in writing, a principle contact person to coordinate operation of the Stormwater Pumps. Each Local Government shall provide the SFWMD contact person with a list of contacts and contact information in writing prior to the 1st day of May of each year for the term of this MOU. 26. The parties shall meet at least annually to assess whether the operation of the Stormwater Pumps has resulted in .any . adverse impacts to the C-4 Basin and downstream areas. 27. This MOU may be amended only by mutual written agreement of all of the parties to this agreement. MISCELLANEOUS PROVISIONS -28. • This agreement shall be effective for a period of ten (10) years, beginning on the last date of execution of this agreement. The parties shall have an option to renew this agreement for another ten (10) year period effective upon mutual written consent of all of the parties. At no point should this agreement be extended beyond the expected and/or actual life of the system and/or its critical components. 29. . Any party may terminate this Agreement without cause by providing written notice of termination to the other parties not Tess than sixty (60) days prior to the intended date of termination. 30. This MOU, together with the Operating Plan, incorporates, embodies and expresses all agreements and understandings regarding the Stormwater Pumps between the SFWMD and Local Governments and may not be altered except as authorized herein. 31. This MOU shall not constitute a waiver of the SFWMD's regulatory jurisdiction, nor be construed to authorize any activity within the jurisdiction of the SFWMD except in accordance with the express terms of this MOU, the Permit(s) and the Operating Plan. 32. Nothing .in .this MOU, whether .expressed or implied, is intended to confer upon any person other than the Parties hereto any rights or remedies under or by reason of this MOU. 33. There shall be no waiver of any right contained in this MOU unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this MOU shall impair such .right or be construed to be a waiver thereof. Any 'waiver shall be limited to the particular rights so waived. and shall not be deemed a continuing waiver of the same right or of any other right under this MOU. 34. The invalidity of one or more of the terms or conditions contained in this MOU shall not affect the validity of the remaining portion of the MOU provided that the material purposes of this MOU can be determined and effectuated. In the event of a conflict between the provisions of this MOU and the Permit(s), the provisions of the Permit(s) shall prevail. 35. A notice of rights is attached hereto and made a part hereof as Exhibit "2." [This space intentionally left blank. Signature block and certifications to follow.] IN WITNESS WHEREOF, the parties hereto .have caused this Memorandum of Understanding to be executed in .counterpart originals by their duly authorized representative(s) on the last day and year noted below. Passed and approved by the City Commissioners of the City of Miami, Florida, pursuant to Resolution No. adopted the day of , 2012. ATTEST: CITY OF MIAMI, a Florida Municipal Corporation BY: BY: Priscilla A. Thompson, City Clerk Johnny Martinez, P.E., City Manager Date: Date: APPROVED AS TO FORM APPROVED AS TO INSURANCE AND CORRECTNESS REQUIREMENTS BY: BY: Julie O. Bru, City Attorney Calvin Ellis, Risk Management Director Passed and approved by the City Commissioners of the City of West Miami, Florida, this day of , 2011. ATTEST: CITY OF WEST MIAMI BY: BY: Name Name Title Title LEGAL FORM APPROVED BY: Name Title 10 Passed and approved.by the _City Commissioners. of the City of Sweetwater, Florida, this day of , 2011. ATTEST: CITY OF SWEETWATER BY: BY: Name Name Title Title LEGAL FORM APPROVED BY: Name Title Passed and approved by the Board of County Commissioners of Miami -Dade County, Florida, this day of , 2011. ATTEST: MIAMI-DADE COUNTY BY: BY: Name Title LEGAL FORM APPROVED BY: Name Title 11 Name Title Executed by the South Florida Water.. Management District this day of , 2011. ATTEST: SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD BY: BY: District Secretary LEGAL FORM APPROVED BY: Name Title 12 Melissa Meeker, Executive Director C-4 Canal Contacts List City of Miami Director of Capital Improvements Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 305-416-1224 City of Sweetwater City of West Miami Miami -Dade County South Florida Water Management District Director of Public Works 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 305-416-1200 MIAMI DADE COUNTY FLOOD MITIGATION PROGRAM C-4 BASIN C-4 BASIN OPERATING PLAN • Prepared by: South Florida Water Management District August 5, 2011 EXHIBIT 1 1.0 BACKGROUND With the implementation of flood mitigation projects well underway, it is necessary to periodically update the C-4 Basin Operating Plan (the Plan) to provide guidelines for the District and affected municipalities so as to assist in achieving the benefits afforded by the improving system. This plan is an interim plan recognizing that not all project components have been completed at this time (e.g. floodwall, municipality pumps, etc.). The Plan will need to be updated to take into account all project components upon completion of all construction. 2.0 OBJECTIVES It is necessary to make clear that projects already implemented and those under implementation will not provide the full level of flood protection that would be ideal for the local communities, namely the ability to handle a 100 year stone frequency without flooding finished floors. Nevertheless, the proposed projects will have the potential to increase the current level of flood protection in the affected conununities. The objective of the Plan is to develop guidelines which will assist in achieving the benefits afforded by the improved system. In order to do this, the system must be operated in a way that is most effective for all communities served by the C-4. It is important that emergency components, such as the Emergency Detention Basin, not be operated more often than necessary since early filling of the Detention Basin could make it unavailable for receiving additional water if the storm event is prolonged. Additionally, the systems must be operated so as not to adversely impact other communities along the C-4 Canal and the Miami River. Therefore these structures will be operated based on canals stages, information that is available on near real time basis. Stages will be monitored at several locations as identified in the table below. STAGE MONITORING SITES Project Component Stage Monitoring Station Description C-4 Canal T5 Near the Turnpike. C4 Coral Near Palmetto Expressway. S-25B Structure S-25B. Emergency Detention Basin G-420 Inflow pump station. G-422 Inflow pump station. Miami River MRMS1 South of intersection of C-4 Canal and Miami River. All of these .. -stage monitoring stations are shown on Figure 1. In the future, pumping from. the municipalities will be automatically reported to the -District's West Palm Beach -..Control Room via telemetry systems installed at all municipal pumpsdischarging -to SFWMD canals. • 3.0 SYSTEM COMPONENTS The C-4 Basin consists of a main canal: the C-4 Canal; associated lateral discharge canals that have an open connection to the C-4 Canal: C-2 Canal (Snapper Creek), C-3 Canal (Coral Gables) and the C-5 (Comfort Canal); and a series of original structures with flood protection and water supply functions: S-380, S-25, S-25A, S-25B. G-93 ( C-3 Canal) and S-22 (C-2 Canal) all of which are shown on attached Figure 1. The new structures in the system, added as part of this program, include the S-25B Forward Pump Station, G-420 Pump Station, G-421 Outlet Spillway, G-422 Inflow Pump Station, and G-423 Interbasin Transfer Structure. Historically, the system discharges to the east through the C-4 Canal, which in turn discharges into the Miami River and Biscayne Bay. Discharges from the C-4 into the Miami River are mostly through the S-25B gated spillway structure. Discharges into the Miami River are also made through S-25A gated culverts and S-25 gated culverts both located in the C-5 Canal (Comfort Canal). When conveyance capacity is available, additional discharges from the C-4 Canal can be routed to the ocean through the C-2 Canal (Snapper Creek) and structure G-93, and through the C-3 Canal (Coral Gables) and structure S-22. (Reference Figure 1 for locations). The additional components of the system are also shown in Figure 1 and include the following: • S-25B Forward Pump Station • S-26 Forward Pump Station • C-4 Emergency Detention Basin Phase and G-421 Outlet Spillway • C-4 Emergency Detention Basin Phase G-423 Interbasin Transfer Structure 4.0 OPERATING PLAN FOR C-4 BASIN I which includes the G-420 Inflow Structure II including G-422 Inflow Pump Station and The operating plan for the existing structures (S-25, S-25A, S-25B, G-93, and S-22) is incorporated into this report as part of Appendix 1. In the event of a stone the system will be operated as follows: 1) Discharges in C-4 shall continue to flow in the historic manner, that is, be routed towards the east to S-25, S-25A, and S-25B. 2) Consistent .with past practices, discharges are,_also routed south and east through the •_.C-2.(SnapperCreek) and C-3 (Coral Gables Canal) if conveyance capacity in -these systems is available. These systems will continue to be used so long as conveyance capacity exists without impacting the respective-basrn discharges 3) Both S-25B and S-26 forward pumps will be operated when the water level in Canal C-4, as measured at T5, rises above 4.0 feet and discharges through S-25B gates are limited to less than 600 cfs by high tide. 4) Both S-25B and S-26 forward pumping will stop once gravity discharges through the structures exceed 600 cfs or when the stage in the Miami River as measured at MRMS1 monitoring station equals or exceeds elevation 4.75' NGVD. 5) Once the stage at T5 stage monitoring station reaches a minimum elevation of 4.80' NGVD, all 3 pumps at G-420 (total 669 cfs) should be turned on, and pumping into the Emergency Detention Basin shall begin. G-423 will be opened fully at this time as well. Pumping into the Emergency Detention Basin will increase to 936 cfs (3 pumps on at G-420 and 3 pumps on at G-422) when stage at T5 increases to elevation 5.00' NGVD and to a maximum of 1,292 cfs (G-420 with 3 pumps = 669 cfs plus G- 422 with 7 pumps = 623 cfs) if stage at T5 remains above elevation 5.20' NGVD. 6) When the stage at the T5 stage monitoring station reaches a minimum elevation of 4.80' NGVD, S-380 will be partially closed to limit discharges through only one culvert barrel. Therefore, 4 of the 5 culvert gates will be closed completely. Should the stage at T5 increase to 6.5' NGVD all gates at S-380 will be closed until the stage at T5 recedes to 6.0' NGVD. 7) Flood pumping into the Emergency Detention Basin shall continue until at least one of the following conditions occurs: a. Stages in the Emergency Detention Basin have reached elevation 8.0' NGVD and stages at T5 begin to recede below elevation 5.90' NGVD (also see note below) or; b. The stage iimnediately upstream of the G-420 pump station is at or below elevation 4.20' NGVD or; c. Stages at T5 show a receding trend evidencing that the rest of the system can handle and convey the inflows from the C-4 to tide or; d. The stage in the Emergency Detention Basin has reached a maximum elevation 10.00' NGVD; NOTE: When stages in the Emergency Detention Basin are at 8.00' NGVD (half full), the District will temporarily terminate pumping allowing the C-4 Canal stages at T5 to increase up to elevation 6.50' NGVD. If the stage at T5 rises to 6.5' NGVD, then pumping into the Detention Basin will resume until T5 -stages recede or the Emergency. Detention Basin is full (elevation 10.0' NGVD). ,8) : Once a:stage between .9.5 to 9.8 feet-NGVD has been : reached in the _Emergency . _._Detention Basin, Miami -Dade County and the .Cities of Nlrarnr 'Sv,7eet7ater;•and .West _. Miami will be notified to terminate pumping until advised by the District that conditions in the primary system have improved and they may resume pumping. The stage for notification within the 9.5 to 9.8 feet range will be based on potential for rainfall and rate of -rise of the Emergency Detention Basin. Resumption of puiriping may be limited to a partial capacity until conditions in the C-4 Canal improve to allow incrementally greater or full capacity. 9) The District will consider commencing discharges out of the Emergency Detention Basin through structure G-421 once the storm event has passed and the stage at T5 recedes to elevation 5.50' NGVD. The discharges will be regulated so as to not overtax the C-4 Canal. Gate operations will be performed while monitoring stages at T-5 and C4 Coral stage monitoring stations and maintaining a maximum stage of 5.5' at T5. If the stages in the C-4 Canal allow it (T5 stage is at elevation 5.50' NGVD and trend is receding), the gate opening may be increased, until the system is discharged completely. Once the .Emergency Detention Basin has . been emptied, the S-380 structure may be fully opened to drain the area west of S-380 down to a stage of 4.0'NGVD. ete:eiti oji,13 .. • • : , • B,rr Drive Cr , • . • • Legend Municipal Pumps A Stage Monitor Site Miami_Airport Stru c tures Control Structures Canals Primary Secondary C4_Detention C4_Detention Shoreline 4 Miles Preprer.i : HES AI Dote: 07111/2011 Map Doc.: (2.4si_IMMARN",rmod m 5 m •• cn z 0 0 0 z m z cn FIGURE 2: C-4 EMERGENCY DETENTION BASIN MONITORING STATIONS ---- . — ___— £iT 3 '''"'�p';€_ s sC '. .;-�3.'e ' ? 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X fl i. tyre.-�. s'«.s.�.. ,9'"�g, ,�E( + ,y. i �uoY �«-`S i ti pt '�}. �i •Z � y . p�jf��g- ��*'� r� S ? �� � t 3� 11 s�-^��.- fir � yj�•- �,,i�`�,'�' ,'t"*a � # � ,'�-.��j$ :�.� � � '-� E,pi �• - �z futondonrtg ° r# f Statiori:;ID Latitude Longrtude {.;e Sahi �4 1 E37cn53.6� 2 527 7 0 9.90 9 ,a�Ek! 1 4GW; 6377653372 523139.9476 ''-` r �� fWTIES Sp i 46'd43 636850230' 522819.24557 �u ;fit 'w > , tt-.�IC4SU42 840267.9833 521504 16G2 . 't ...,e. � ca aTRt 520169.337 Legend G421 8424E54673 5572 2971 7805 • 523127:99884 ? m0nitorinq Stations ,_..•642540.784B t`.420 c 6u9,a - waa G4 1� 4? �4� E 6 621 .tt G 38 .. d emu_ r « jaP .. r�R .' %Yn f2^ i P 4,..M11 "C� •S' T '''"il"T. y£ .a r Y9. ..r �:'.�..,3.w4,:=i,..a.bha. Y£iefi,.: .f �..�,'�X� �I�eni. n.vf� t APPENDIX 1 EXISTING STRUCTURES OPERATING PLAN STRUCTURE 25B This structure is a reinforced concrete; gated spillway, with discharge controlled by two cable operated, vertical lift gates. Operation of the gates is automatically controlled. The structure is located. in the City of Miami immediately downstream of the Le Jeunc Road crossing of the Tartiami Canal, C-4. PURPOSE This structure maintains optimum water control stages upstream in Canal 4 (Tarniami Canal); it passes the design flood (the Standard Project Flood) without exceeding upstream flood design stage, and restricts downstream flood stages and discharge velocities to. non -damaging levels; and itprcvents saline intrusion during periods of high flood tides. OPERATION This structure will be automatically operated to maintain, as close as possible, the optimum headwater elevation of 2.8 feet. The gates will operate to maintain the optimum upstream water surface elevation as follows: When the headwater elevation rises to 3.0 feet, the gates will open at sit inches per minute; When the headwater elevation rises or falls to 2.8 feet, the gates will become stationary; When the headwater elevation falls to 2.0 feet, the gates will close at six inches per minute. During periods of high flow, in order to prevent flooding to the west, a low automatic setting, is used_ The low setting functions as follows: When the headwater elevation rises to 2.0 feet, the gates will open at six inches per minute; When the hcadwater.elevation rises or falls to 1.5 feet, the gates will become. stationary; When the headwater elevation frills to 1.0 feet, the gates will close at six inches per minute. Excess gate "yo-yo" action at the low setting has been experienced. A special timing device has been installed at this site to protect manatees during automatic gate operation. This device causes alternate gate operation where the upstream float sensor indicates that the gate should open. One gate opens a minimum of 2.5 feet. 1f this opening results in a headwater stage below the gate level, as it often does, this gate will close. -Whenever the headwater stage rises to the gaate open level, the other gate will open. in a similar manner. Revised 1/21/03 S-25B, Paget la addition to maintaining optimum upstream fresh water control, as described above, the automatic controls on this structure have an overriding control which closes the gates, regardless of the upstream water Ievel, in the event of a high flood tide, whenever the differential between the head and the tailwater pool elevation reaches 0.3 feet. FLOOD DISCTTARGE•CHAR4CTERISTICS Desien (Standard Project Flood) Discharge Rate 2.000 c.fs. 100 eioS?F Headwater Elevation 4.4 feet TailNvater Elevation 4.1 Ieet Type Discharge uncontrolled submerged DESCRIPTION OF STRUCTURE Type Fixed crest reinforced concrete nfeci spillway Weir Crest . Net Length 44.0 feet Elevation -7.9 feet Service bridge elevation 8.7 feet Water level which will by-pass structure 5_7 feet Czatcs Number 2 Size 11.9 feet bleb by 22.3 feet wide Type Vertical lift :gates Bottom elevation of gates, full open Top elevation of gates, full closed 5.7 feet a_0 feet Revised 1121 /03 S-25B, Page 3 Control Automatic. on -site upstream control with override. differential water surface control sensed by bubble system and remote computer control Lifting Mechanism Normal power source • commercial electricity Emcrgency.power source. LP. gas driven generator Type hoist hydraulic cylinder activated by electric motor driven pump with emerceney hand puma: connected to gate by steel cables. ACCESS: to the structure is gained by a short access road (about 600 feet) from N,W. 2l st Street just cast of Le Jeunc Road in the City of Miami.. HYDRAULIC AND HYDROLOGIC MEASUREMENTS MENTS Water level: Remote diieital headwater and tailwater recorders Gate Position Recorder; Remote digital recorder on both gates Itevi. ied 1 /21lt3 S-25B, Page 4 DEWATERITG FACILITIES Stor ale Needles at Miami : field Station: beanis at West Palm Beach Field Station Type Needle beams and vertical aluminum needles Size and number (per bay) Upstream and Downstream Number 2 beams Size beam needles 20 feet lone _..R eviseda12.110 RECORD OF CHANGES RECORDED AS OF JANUARY 1._ 2002 S-25B Date Revised 07-02 Field Station Revisions: • No review 1121103 Operations Revisions: • Review completed. Change as follows: • Under "Operation' delete: FOUL or eratc l gecs of overflow slots ii Coil; main gate we:c pnavidcd to ea..-ttro1 _}.. ;. • • • se j c inti eS *fi--thfe3i.gh +3e- e gates will operate to maintain surface elevation as follows: :tt This sing is ncadcd Nvhcnz zr and. C 2 (T 5) excccds 4:00. Under "Gates" delete: Type }3E2-gates FF high rids. The n aie the optimum upstream water :lt stage at the. junc`ion. ofC .; Late:, v i:l's four 1-rwi__f2 c ker oaenin€ of 1 f�+e -€4 ant a sill clevatic'i .of 3.5 Under "Water level" change: headvvater find tnilwater recorders hii b -=-'fee 6 iE es e remote cliental Ender "Gate Position Recorder": On- i+e—n .Lee reee der on remote cliental recorder on both gates STRUCTURE 26 This structure is a reinforced concrete, gated spillway, with discharge controlled •by two cable operated, vertical lift gates driven by overhead horizontal hydraulic cylinders. Operation of the gates is automatically controlled. The structure is located in the City of Miami at the NNWW 36th Street crossing of -the Miami Canal, C-fi. PURPOSE This.strucrure maintains.optimmn water .control stages upstream in Canal 6 (Miami Canal); it passes the dcsiici flood (the Standard Project Flood) without exceeding upstream flood design stage, and restricts downstream flood stages and discharge velocities .ities to non -damaging levels; and it prevents saline intrusion during periods of high flood tides. OPERATION This structure will be autoinaticallv operated to maintain, as close as possible, the optimum headwater elevation of 2.5 feet. The gates will operate to maintain the optimum upstra ni water surface elevations as follows: When the headwater elevation rises to 2.8 feet, the gates will open at six inches per minute. When the headwater elevation rises or falls to 2.5 feet, the gates will become stationary. When the headwater elevation falls to 2.3 feet; the gates will close at six inches per minute. During extreme flood events, the structureis placed on a low r..nge:operation as follows: When the headwater elevation... ises to 1.7 feet, the gates •will open at six inches per minute. When the headwater elevation rises or falls to 1.5 feet, the gates will 'oceanic stationary. When the headwater elevation falls to 1.2 feet, the gates will close at six inches per minute. A special timing device has been installed at this site to protect manatees during autoinat-.ic gate operation. This device causes alternate gate operation. During this operation, when the upstream float sensor indicates that the gates should open, one gate opens a Minimum of 2.5 feet. if this opening results in a headwater stage below the gate close level, as it often does: this gate will close. Whenever the headwater stage again rises to the gate open level, the 'other gate will open in a similar manner. Itt addition to maintaining optimum .upstre.arn fresh water control, as descaibed-abooe, the automatic controls on this structure have an overriding control which closes the !gates, regardiess of the upstream water level in the event of a higli flood tide, whenever the differential between the Revised 1 21;200_ head and the taillcwater pool elevation reaches 0.3 feet. FLOOD DISCHARGE CHARACTERISTICS Diseharg-e Rate Headwater Elevation Tailwater Elevation Type Discharge S-26, Page 2 Design (Standard Project Flood) 3470 cfs 100% SPF 4.4 feet ;.9`eet uncontrolled submersed DESCRIPTION OF STRUCTURE Ivpe Fixed crest. reinforce d concrete gates spillway Weir Crest Net length 52.0 feet Elevation -10.1 feet Service Bridee.Elevation 8.4 feet Water level which will by-pass structure_5 feet Gates Number 2 Six 14.1 feet hiah by 26.0 feet wide Type Vertical lift =rates Conu-ol Automatic, on -site upstream control with override differentia; water surface control sensed by buhhiersvvsiern and ren'ic,te computer control. Bottom. elevation of rates, hill or 5.4 feet Top elevation of cares, full closed 4.0 feet Lifting mechanism Revised 1/21�2003 S-26, -Page 3 Normal power source Commercial electricity EIllergency power source LP gas driven generator with automatic transfer switch Type hoist Hydraulic cvlinder actuated by electric motor driven pump, with emergency handumn: conne.ctefi to trate by steel cables. ACCESS: • The structure is located about 150 feet northeast, n; NSW South River Drive just downstream front NW' 6th Street. Cir of:`�iarii. HYDRAULIC & HYDROLOGIC IIIEASIIREIIMENTS Water Level Remote digital upstream and downstream recorders, Gate Position Recorder Remote digital recorder on both gates. Rain Gauge Remote digital recorder DEWATERING ;~ ACZ:i. TB1 S Stara`e Needles at 1Miami Field Station: beams at West Palm Beach Field Station Tvpc Needle beams and vertical aluminum needles Size and Number (Per bay) Upstream and. Downstream. Number 2 hear ns Size Beam 27WFS4 With ends cut down to 1.8" length 27' - 11"needles 20` long Revised 1121/2003 RECORD OF CHANGES RECORDED AS OF JANU'ARY 1, 2002 S-26 Date Revised 07-02 Field Station Rey sioons: • No Changes '21103 Operations Revisions: • Review completed. Under "Water Level'' change: • On ittic ani:'o:; on itc i__tc', . rj.0 AC.5.. and remote digital upstream and downstream recorders. STRUCTURE 22 This structure is a reinforced concrete, gated spillway, with discharge controlled by two cable operated, vertical lift gates. Operation of the gates is automatically controlled so that the gate system opens or closes the gates in accordance with the seasonal operational criteria. The structure is located near the mouth of Canal 2 about 700r0 feel from the shore of Biscayne Bay. • PURPOSE This structure maintains optimum water control stages upstream in Canal 2; it passes the deli. t flood (100 percent of the Standard Project FI.00d) without exceeding upstream flood design stage, and restricts downstream flood -stages and discharge velocities to non-datraging levels; and it prevents saline intrusion during periods of high flood tides. OPERATION This structure will be operated to maintain an optimum headwater elevation of 2.9 feet when sufficient water is available to maintain, this level. The automatic controls function as follows: When the headwater elevation rises to 3.5 feet, the gates will open at six inches per minute; -alien the headwater elevation rises or falls to 2.9 feet, the hates will become stationary; When the headwater elevation falls to 2.5 feet, the gates will close at six inches per minute. Salirdry Reanlation In addition to maintaining optimum upstream fresh water control, as described above, the automatic controls on this structure have an overriding control tt'lich closes the gates, regardless of the upstream water level in the rare event of a •high flood tide, whenever the differential between the head and tailwater pool elevations reaches 0.3 feet. A special tinning deice has been installed at this site to protect manatees during automatic gate operation. This device causes alternate s..te operation. During this operation. where the 5-22, Page 2 upstream float sensor indicates that the gate should open, one gate opens a -minimum. of 2:5 feet. If this opening results in a headwater stage below the gate close level, as it often does, this gate will close. Whenever the headwater stage again rises to the gate open level, the other gate will open in a similar manner. In response to heavy rainfall, headwater elevation may be lowered until the stone has passed. FLOOD DISCHARGE CHARACTERISTICS Design Discharge Rate 1915 cfs 100% S.PF Headwater Elevation 3.5 feet Tailwater Elevation 2.7 feet Type Discharge ,uncontrolled submerged DESCRIPTION OF STRUCTURE Type Fixed. cseSt. teitn:=orc.ed concrete =rated snillwav Weir Crest Net Lena*th 34.0 feet Elevation. -11.0 feet Service Bridge Elevation 8.5 feet Water level elevation which will by-pass structure 7.5 feet 'Gates Number 2 Size • 15.0 feet high X 17.7 feet wide Type vertical lift Bottom elevation of gates full open 4.0 feet Top elevation of gates full closed 4.0 feet Revised 11 /14i 19.97 S-22. Page 3 Control Automatic, on -ill' up tT+' rn controlw t.. override differential water surface control sensed by bubbler system and remote computer controlled. Lifting mechanism Normal power source commercial electricity Emergency power source LP as cowered electric generator Type hoist direct drive electric motor. Bear connected to cable drum. Date of Transfer: June 25., 1956 ACCESS: The structure is located adiacent to Red. Road (57th Avenue) acoss'the street from Parrot Jungle. HYDRAULIC A.N`D HYDROLOGIC il'IEASURE'l'IENTS Water Level Remote digital unst earn and downstream recorders. Gate Position Recorder. Digital remote recorder on both eater. DEWATERING FACILITIES Storage needles at.1vlia.mi Field Station, beams at West Pal-n Beach Field Station Type needle beams and vertical aluminum needles. Size and number (per bay) Upstream and Downstream Number 1 beam: needles. 5 ta) 4`. 1 Z. 3', I a- 2' wide Size Beam 14WF78, length 18' -10" Needles 20' long =--Revised-11 14/1997""-- Date Revised 07-02 RECORD OF CI -LANCES RECORDED AS OF JANUARY 1, 2002 S-22 Field Station Revisions: • No Changes 1116/03 Operations Revisions: Review completed. Change as follows: • Water Level.: Oa a ciiito (U.S.G.S,)„ and remote digital upstream and downstream recorders. • Gate Position Recorder: On „)itc analog rnrdar oa i gate and dizitaI remote recorder on both zates. G-93 CORAL GABLES CONTROL STRUCTURE This structure is a reinforced concrete, gated spillway on the Coral Gables Canal (C-3) at Red Road in the City of Mimi. The discharge iS controlled by two vertical lift gates. Operation of the gates is manually controlled. An automatic device has not been installed due to the possibility of injury to manatees. The structure replacement was corriplete,d in January 1990. PURPOSE This structure maintains optimum upstream water control stages', it passes the design flood flows, resulting from a I 0-year storm (about 40% of the Standard Project Flood), plus a small discharge from the C-4 basin, without exceeding, the upstream flood design stage and restricts downstream flood stages and discharge velocities to non-dam4ng levels; and it prevents saline intlision.during periods of high flood tides. OPERATION This structure together with S-25B on the Tamiami Canal (C-4) is operated to maintain .the optimum headwater elevation of 2.8 feat, Since this structure is manually operated, required releases are normally made by S-25B. During storm events, the gates will be opened. FLOOD DISCFLARCE CHARACTERISTICS Dcsign Discharge Rate 640 cE 40% SPF Headwater Elevation 4.5 Tailwater Elevation 3.0 Type Discharge Submerged Controlled DESCRIPTION OF STRUCTURE Type: Fixed crest reinforced concrete gated spillway Weir Crest • Net Length: 20.0 feet Elevation: -1.8 foot Service Bridge Elevation: 7.58 fee Reiised 11i18/1997 - ' • "". . ' . "; . ". . . ' Water Level Which Will 1pass Structure: 6.0 feel Gates: Number: 2 Size: 5 feet hi +h by 10 feet wide Type: Vertical Lift Roller Gate Control: Manual Bottom elevation of gate full open 6.7 feet Top elevation of gath full clnsed 3.2 feet Lift Mechanism. Normal Power Source: Commercial Electricity Emergency Power Source: LP Gas Dower aenerttor DEWATERIN G- PACIIIITIES Storage Miami Field Station Type Galvanized beams. Size Two W8 X 24 beams. each 10' 10' long HYDRAULIC AND HYDROLOGY INITASUREATENTS Water Level Remote digital headwater and tailwater recorders Gate Position Remote dinital recorder on all Rates G-93, Paac 2 Revised 11/18/1997 Date Revised 07--02 RECORD OF CHANGES RECORDED AS OF JANUARY 1, 2002 G-93 Field Station Revisions: • No Changes 12-26-02 Operations•Revision: * Review Completed - no changes as of 1.1.11.8197 .•,- '••••••' --••••• ' - . • . -• ••••-, , • TRAIL GLARES CULVERT G-1I9 This structure is a double-barreled, corrugated metal pipe culvert located on the Tamiami Canal about 1/4 mile east of the Krome Avenue crossing of the Tamiatni Canal 19 miles west of Miami. Control is effected by manually operated sluice gates mounted on afane created on the upstream or west end oftbe structure. PURPOSE This sh-uctvre permits supplemental deliveries from Conservation Area 3 to supply water needs in eastern Dade County pia the L-30 or L-29 canals. It also can be used to discharge limited quantifies of excess water from Conservation Area. 3A•or from the L-31N, 1,29 and L-30 drainage basins east and south of Conse.,vation Area 3B When capacity is available in the T aniatni Canal. OPERATION This structure is operated to make supplemental deliveries to East Dade County. Such releases are initiated when the headwater stage at either S-25B or S-22 falls below the optimum stage of 2_0 during dry pn iods.. The structure may also be used to mate flood releases Whtil downstream conditions will not be aggravated (when the stage at T-d the junction of C-4 and C-2 is less than 3.0). FLOOD DISCHARGE C FIARACTERISTICS Desi en Discharge 200 cfs * % SP Headwater Elevation 4.2 feet Tailwatar Elevation 3.7 feet Type Discharge Controlled Submerged *Design notrelated to Standard Project Flood DESCRIPTION Type Corrueated metal pipe oil verts with upstream control Number of barrels• Size of barrels -72 inches Length cf barrels feet .. Flow line elevation -3.5 feet Road crossing elevation 1.0.0 feet Gates :Numnber 2 Tyre Slide :arcs Size 72 inch diameter Control Alanual. Li Rung Mechanism - Ty>e Hoist Pedestal mounted. Thie U. manually operated ACCESS: Structure located adjacent to U.S. Highway 41 (Tamiami Trail) HYDRAULIC AND IWDROLOGIC ME.ASITREM `NTS • Water Level Upstream and downstream staff eaufees only Gate Position Recorder None G-119, Pate 2. etised 1 r22/2003 Date Revised 07-02 RECORD OF CHANGES RECORDED AS OF JANUARY 1, 2002 G-119 Field Station Revisions: • No Changes 1.122/03 Operations Revisions: • Review Completed. Under "Operation", change as follows: • Such releases are initiated when the headwater stage at either S- 2 B or S-22 falls below the optimum stage of 220 during dry periods. The structure may also be used to make flood releases when downstrearn conditions will not be aggravated (when the stage at T-5 the junction of C-4 and C 2 is less than 470 3_0). Water Control Plan for water Control Structure, S-380 Location -38: is located in the C-4 Tamiami Canal at the intersection of the fl de-Prci•:ald Levee and borrow canal with the C-4 anal. cpproximately 2 miles east of_.rc>m e Avenue). Description S-320 consists. of five 72-inch. diameter co,-rugared metal e culverts with remotely operated slide: gates. T-cach culvert. has an electrically operated limit torn ` tvte hoist systems remoteiv cner-«.;)fir' Via t+__emet.Yy. For telemetry, pates will have. backup generator power, gate position. indication system, and telemetry interlacing- with the gate controls. Purpose The purpose of -380 is to maintain stages to create and Dr eser._ wetlands as well. enhance wet?.r supply.. providing aquifer recharc . S-380 will be operated to enhance approximately; 4,000 acres of wetlands in the southern. end o.f the adjacent P_nnsup° Wetlands and enhance habitat for plants and.n_ma_.s be increasing surfacp and. subsurface storage ofwat_r_ This will be accomplished b;' reducing :±eeoage and drainage nage out of Water Conservation Area 27_ In. addition, the structure .will. -:a emit suppletental ice:liveries. from rater Conservation Area i to supply water needs in eastern Dade. County; via the L35 or L-29 canal... General Operations The coal. pt re -hydration is to enhance habitat. for ,plants and. animals by inc.reasinq surface and subsurface' storage of water. The. structure k_11 be operated at. an elevation that will maximize environmental _mental benefits while avoiding the potential for adverse. impacts to areas upstream 01 G_.!i•::'`.., t.l c-c.:i_ of the stral."tu'_"ce_ Upon completion.of conStructio'1•, the local. sponsor, the South Florida Water Management District. .. FW.M_ ,ill. as 'ume ot:_r :_on .and maintenance responsibilities. Future water surface elevations. will be determined. eased. on land acquisition and integration with future Icj-__-._ such as the Lake 2eit, _L._fer Cell conc._'Gt_ and Water ^'ra-_-v._ Area 1.,.,_tion_ of the Comprehensive __laC _._ Restoration Pi (CAN -') Future operations 9f this structure will also 7 with. projects implemented b- the Miami -Dade CPurlt` F]ooain-_ Management T asr Force. Pape 1 ._,proved by SAP: 1 August 2002 Oneratinn Plan ):Tote: :?11 elevations reference National Geodetic Vertical. Datum '0 NGVD) , 1929. - Dry Season Criteria Dry season operating criteria willgenerally be used during December through ICI.:" S-380 will be operated to maintain a. optimum headwater stagge of 4.0 ft-NGVD. When the headwater stage reach,_) 4.2 ft-NGVD, �pass the gate opens continuously to pathe design discharge of400 cis, or as much. of that amount which reaches 5-380. When .the headwater stage drops .to 4.0 ft-_ CVD, the oates remain stationary until the headwater. stage again reaches 4.2 ft-NGVD ft-NGVD r i, again Gi drops to 3.8_t '_� at ur_ c-`_:Vtam= __-- gate would begin to close. The gate continues to close until fully closed or until the headwater et -age. 'gain reaches 1.0 _ft- 1TGVD when the gate once more remains stat±onary until reactivated hv rising or falling headwater. Operation 7-7W Elevation Gates will open Gates will become stationary Gates will close !ft. above NGVD) 4.2 4.0 3.8 When supplemental water supply deliveries Water Conservation tiGR. Area 3 are made to supply water .needs in eastern Dade County via the L-30 or L-29 canals, S-380 will be opened in conjunction with G-119, and water levels may vary from the optimum. Wet Season Criteria criteria willgenerally be used _urino through Wet season _ t_ a QZI---�-- June h November. S-_ c 0 should remain open during •the wet season effectively maintaining the control of this reach of canal at G- 119. Should water levels be low in the system, this structure may be operated for water supply even during these wet seac'on. tnont as . Flood Control Criteria Prior re -y rainfall,S-38:0 ma'v be opened to allow to forecasted heavy for pre -storm operations to lower the C-4 canal. from 1 - -1. ? 9 to t�.. he coast. This operation will only be necessary during the dry season because the gates maybe closed due to the normal dr season operating criteria stated above. Page Approved. by SAP: 1 August 200 NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand -delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. _Filings by hand -delivery must be delivered to the Office of the SFWMD Clerk. Delivery :of a. petition to the SFWMD's security :desk- does; not constitute.. filing. -To ensure proper filing, it will be necessa_ry. to request the .SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. EXHIBIT 2 o Filings by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 682-6010. 'Pursuant to' Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Initiation of an Administrative Hearing Pursuant to Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party hasconsulted. with. -all other _: parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension.A timely request for extension of time shall toll the running of the • time period for filing a petition until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla. Admin. Code, unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 12.0.60(3) and 120.68i Fla. Stet:, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action.