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HomeMy WebLinkAboutFYI CCUA CUP RAI Response Final co(JAI,. Clay County Utility Authority Working together to 3l 76 Old Jennings Road protect public health, Middleburg,FL 32068-3907 conserve our natural G> I �. Telephone(904)272-5999 resources,and create �� www.clayutility.org long-term value for AUTN our ratepayers. September 25, 2023 Tim Clohisy Hydrologist Bureau of Water Use Regulation St Johns River Water Management District 4049 Reid Street Palatka, FL 32178-1429 RE: Request for Additional Information (RAI) Clay County Utility Authority, Consumptive Use Permit 416-52 Clay County, Florida = Dear Mr. Clohisy: a) We received the Request for Additional Information, dated June 30, 2023, for the Clay County Utility Authority(CCUA) Consumptive Use Permit(CUP)renewal application. We offer the following responses: 1) Please review the service area boundary overlaps outlined below and provide an updated cc service area boundary based on any changes needed to reflect the CCUA service area or provide an explanation why these service areas overlap: a. Small portion of JEA overlap in northwest section of service area; b. Town of Penney Farms & Penney Retirement Community in the southern service area; and c. Town of Orange Park at northeast section of service area [Section 2.2.2 and 2.3(a) of the Applicant's Handbook: Consumptive Uses of Water(August 29, 2018) (A.H.)] Minor adjustments to the previously submitted CCUA service area boundary were made near the Town of Orange Park and Town of Penney Farms. An electronic copy of the updated CCUA service area GIS shapefile will be provided via separate link/attachment. 2) Please provide specific details for the regional water resource development projects CCUA intends to participate in to mitigate any impacts to the Lower Sante Fe and Ichetucknee Rivers MFLs in order to be considered for a 20-year duration permit. Include an anticipated timeline for participation in the projects and assurance that the timeline will be met. Please note the requirements of the Lower Santa Fe Basin Recovery Strategy section 6.5.d.ii: Renewal applicants that demonstrate a potential impact to the MFL water bodies based on the requested allocation shall be considered consistent with the Recovery Strategy and shall be issued a permit for a duration of no more than five years provided the applicant meets all other existing Page 1 conditions for issuance. If potential impacts to the MFL water bodies will be eliminated or offset,the five year permit duration limitation under this subparagraph shall not apply.Permits issued for a duration longer than five years must include the necessary actions to provide for elimination or offset of impacts to the MFL water bodies, and a schedule for implementation. [62-42.300(1)(d) Florida Administrative Code (F.A.C.) and Section 2.3 and 1.3.7.2.1, A.H.] CCUA proposes to comply with the provisions of Section 6.5.d.ii of the Recovery Strategy for the Lower Santa Fe and Ichetucknee Rivers (LSFIR) and associated priority springs through a combination of existing projects and participation in future regional water projects sufficient to offset potential impacts associated with CCUA's proposed use. Section 6.5.d of the LSFIR MFL Recovery Strategy provides that permit applicants seeking a permit renewal with no increase in allocations are entitled to issuance of a permit for a duration longer than five years if the applicant proposes to take necessary actions to provide for elimination or offset of impacts to the MFL water bodies, and a schedule for implementation. CCUA is not seeking an increase in allocations and is in fact proposing a 38%reduction in its current allocation. As described in the Groundwater Modeling Technical Memorandum submitted with CCUA's application, CCUA intends to address any remaining share of LSFIR MFL impacts through a combination of existing CCUA impact offset efforts, as well as through the adoption of a schedule for implementation of additional impact offset and elimination actions through participation in the planned regional projects associated with the LSFIR MFL and regional water resource projects currently under evaluation and development (the North Florida Regional Water Resource Project(s)), consistent with the requirements of Section 6.5.d of the LSFIR MFL Recovery Strategy. Since the submittal of CCUA's application, several developments have occurred regarding the identification and implementation of the North Florida Regional Water Resource Project(s) intended to provide for elimination or offset of impacts to the LSFIR MFLs. CCUA, three other north Florida public supply utilities, St. Johns River Water Management District (SJRWMD), Suwannee River Water Management District (SRWMD), and the Florida Department of Environmental Protection (FDEP) (collectively the Sponsors) have coordinated regarding a framework for cooperation for the development of conceptual regional projects that would sustainably address water supply needs and protect water resources. The primary objective of this effort is the identification of feasible regional projects and programs that can be incorporated into the North Florida Regional Water Supply Plan (NFRWSP) and the LSFIR Recovery Strategy, and that those potential regional projects or programs provide pathways for regulated water users to participate in those regional projects or programs in order to address regulatory requirements, such as those in Section 6.5.d.ii. of the LSFIR Recovery Strategy. SJRWMD's recent Black Creek Water Resource Development Project and its associated Cost Participation Agreements provide a model for the joint funding of the North Florida Regional Water Resource Project(s)through the participation of water users in a manner proportional to their share of the project necessary to offset associated impacts to impacted water bodies. The Sponsors are finalizing agreements for the joint funding of a study that would achieve these goals, including the development and evaluation of a suite of regional projects that can be implemented and integrated in the planning region to eliminate or offset impacts to MFL water bodies. Page 2 The Sponsors will implement these objectives through the entry of a Memorandum of Agreement between CCUA and the three other public supply utilities, and the entry of a Collective Funding Agreement between CCUA and SJRWMD. These agreements provide that CCUA will hire a consultant to facilitate these efforts and develop a final report that will detail the potential North Florida Regional Water Resource Project(s)by category and include a matrix of costs and key benefits to facilitate comparison and implementation of the identified projects. CCUA intends to present the Memorandum of Agreement, Collective Funding Agreement, and modification to the consultant scope of work to its Board of Supervisors for recommended approval at its October 3, 2023, meeting. CCUA's funding share for the North Florida Regional Water Supply Plan Conceptualization Project is $71,428.57 toward the total cost of$500,000. Upon approval of the agreements by the remaining parties, it is anticipated that work on these efforts could begin as early as October 2023 and be completed within eight months. The future approved Memorandum of Agreement, Collective Funding Agreement, and revised scope of work will be provided in a subsequent submittal. In addition to the ongoing joint North Florida Regional Water Supply Plan Conceptualization Project effort between CCUA, other water supply utilities, SJRWMD, SRWMD and FDEP, the draft 2023 NFRWSP which is currently being finalized by SJRWMD and SRWMD, identifies several regional projects that constitute potential North Florida Regional Water Resource Project(s)that CCUA would intend to potentially rely on to eliminate or offset remaining impacts to the LSFIR MFLs. Among others, the draft 2023 NFRWSP identifies regional projects such as the SRWMD Groundwater Recharge Ecosystem Restoration Project (9 mgd), SRWMD Groundwater Recharge Upper Santa Fe Stormwater Capture Project (2.5 mgd), and SRWMD Stormwater Dispersed Storage for Recharge and Alternative Water Supply (3 mgd). These projects in combination with other forthcoming projects,would constitute the North Florida Regional Water Resource Project(s) CCUA is committed to participate in to a level sufficient to eliminate or offset impacts as provided in Section 6.5.d. CCUA has previously demonstrated its commitment to financially participating in regional projects intended to offset proportional impact share through its prior contribution of$5,613,112 toward the construction of SJRWMD's Black Creek Water Resource Development Project. CCUA remains committed to the Black Creek Project through the $1,651,754 contribution of operation and maintenance of this important project over the next 20 years. Likewise, CCUA indicated our commitment to further participation in the regional water resource project(s) identified through the North Florida Regional Water Supply Plan Conceptualization Project. CCUA has previously stated its intention to recommend financially participating in the North Florida Regional Water Resource Project(s) in a briefing to CCUA's Board of Supervisors on April 4, 2023, and most recently in its Annual Report delivered to the Board of Supervisors on September 5, 2023, reaffirmed its intention to recommend financially participating in the North Florida Regional Water Resource Project(s) such as those identified through the North Florida Regional Water Supply Plan Conceptualization Project, and in the NFRWSP. Based on the anticipated schedule for the completion of the North Florida Regional Water Supply Plan Conceptualization Project and other regional project efforts, CCUA identifies the following potential schedule for implementation in accordance with Section 6.5.d.ii. of the LSFIR Recovery Strategy: Page 3 Completion of North Florida Regional Water Supply Plan 6/30/2024 Conceptualization Project Execution of agreements for participation in the development 12/31/2025 of regional project(s) Regional Project(s)preliminary design report 6/30/2027 Financial plan for funding construction and operation 12/31/2027 Permitting of Regional Project(s) 6/30/2028 Complete final design 12/31/2030 Begin construction 12/31/2031 Initiate operation of project(s) 12/31/2034 3) Please provide an up-to-date spreadsheet that lists all CCUA's wells showing the current status (i.e. active, inactive, proposed) and associated well construction specifications for each well. [Section 1.4.4.2,A.H.] IAn up-to-date spreadsheet that lists all CCUA's wells showing the current status and associated well construction specifications is included in Attachment A—CCUA wells. 4) Please submit an updated water conservation plan that addresses the following items: a. Please include a specific schedule for the frequency,duration,and implementation of the education components currently listed in the Water Conservation Plan as "As requested" and provide assurance the timelines will be met. A more defined and proactive water conservation program should be proposed based upon the outline in section 2.2.2.5.1 of the Applicant's Handbook. b. Please update references to SJRWMD publications and resources throughout the water conservation plan to ensure the references are current. Please refer to Water conservation materials— SJRWMD to access updated water conservation brochures. c. Please include information describing any local ordinances,development orders or other requirements, that require or encourage the use of lower quality sources of water, such as stormwater harvesting,for proposed new development within the CCUA service area. [Section 2.2.2.5 and 2.3(a) A.H.] The Water Conservation Plan has been enhanced to address the above items and is included in Attachment B —Water Conservation Plan. 5) Please provide a site-specific analysis of the local hydrogeology at the Governor's Park DRI wellfield and Peter's Creek wellfield to determine if there is sufficient local confinement to prevent the projected regional model drawdowns and the associated need for wetland monitoring at these locations. This information may include geotechnical data indicating a greater level of confinement between the Upper Floridan aquifer and surficial aquifer than what is indicated in the groundwater model. [Sections 2.3 (f) and (g), 3.7,A.H.] Page 4 The requested site-specific analysis was completed and is included in Attachment C. Using several sources of data, this analysis shows that NFSEG drawdowns are overpredicted and that there is sufficient local confinement to prevent the projected regional model drawdowns and the associated need for wetland monitoring at these locations. 6) Please provide a well interference mitigation plan that outlines a process of how CCUA will handle and mitigate any potential interference complaints by nearby users. [Section 1.3.7.2, A.H.] Due to a variety of factors, the potential for CCUA to harmfully interfere with other legal users is low.Nonetheless, CCUA developed a Well Interference Mitigation Plan to expedite the resolution of potential issues involving interference with existing legal users that may be due to CCUA pumping. Please see Attachment D—Well Interference Mitigation Plan. Respectfully, LAY COUN Ud AUTHORITY JO y , 'ston, BA, PE Executive Director Florida Licensed Professional Engineer Cc: File Paul Steinbrecher, PE, Clay County Utility Authority Roberto Denis, PE, D.WRE, Liquid Solutions Group C. Robert Reiss, Ph.D., PE, CHA Consulting Page 5