2019-08-06 Ex 16OFFICE OF AGRICULTURAL WATER POLICY
(85o) 617-700
THE MAYO BUILDING
407 SOUTH CALHOUN STREET
TALLAHASSEE, FLORIDA 32399-o800
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER NICOLE "NIm" FRIED
July 15, 2019
Andrew LoSchiavo
Restoration and Resources Section Chief, Planning and Policy Division - Environmental Branch
U.S. Army Corps of Engineers - Jacksonville District
RE: LORS 2008 HAB Deviation
Andrew,
The Department of Agriculture and Consumer Services (Department) Office of Agricultural Water Policy
(GAWP) thanks you for the opportunity to submit these initial comments on the draft "Harmful Algae
Bloom (HAB) Operational Strategy," dated July 9, 2019, which is being proposed as a deviation from the
water control plan for Lake Okeechobee (LO) and the Everglades Agricultural Area (EAA), aka as the Lake
Okeechobee Regulation Schedule 2008 (LORS08), under the National Environmental Policy Act with a
proposed Finding of No Significant Impact (FONSI). The Department is committed to a transparent and
inclusive approach on water and environmental issues that allows for ample public participation for
decisions that impact the lives and businesses of the people of the great state of Florida. The
management of Lake Okeechobee depends on finding collaborative solutions to complex water and
environmental challenges.
With Lake Okeechobee below 12 ft NGVD, there is no eminent threat of releases to the estuaries and
therefore no apparent immediate need to deviate from existing operations, particularly as Lake
Okeechobee elevations are currently close to entering the Water Shortage Band of LORS08. The OAWP
supports the efforts of the United States Army Corps of Engineers (Corps) work towards an updated
operations schedule that protects both the human and natural environments. However, the OAWP has
concerns that the current proposed deviation is being undertaken outside the necessary procedural
requirements and without stakeholder participation. The delivery of the proposed deviation to a limited
number of stakeholders without the supporting technical and scientific documentation limits the ability
of those stakeholders to provide real and substantive comments. Further, the apparent limited
distribution of the proposal does not provide the public the ability to participate in the process. At a
minimum, the OAWP would appreciate additional time for stakeholders to provide recommendations
for "operational guard rails" as previously discussed with representatives from the United States Army
Corps of Engineers (Corps).
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www.FreshFromFlorida.com
In addition to the concerns expressed above, the following are the OAWP's initial technical concerns:
• The proposed deviation is a major change in operations that generates additional operational
risks for the human and natural environments during both low-water and high-water events.
Additional evaluation of the impacts and stakeholder input on the effects of such impacts is
needed to support the deviation proposed and meet NEPA requirements.
• The proposal includes several vague terms and phrases that fail to provide a clarity as to their
intended meaning that will lead to unnecessary confusion.
• The OAWP recommends that Lake Okeechobee be managed based on the stage and climatic
conditions at a specific time, in accordance with LORS08. The concept of banking water does
not appear to be effective as proposed and has previously been undertaken by the Corps with
minimal, if any, success.
• The proposal appears to subject Lake Okeechobee to a greater risk of Minimum Flow and Level
violations and water shortages. Additional documentation should be provided and a public
process as contemplated by NEPA should be undertaken so as to provide the administrative
scrutiny and documentation needed to ensure that these impacts will not occur under the
proposed deviation.
The OAWP appreciates the opportunity to provide input these initial comments on the proposed
deviation in the LORS08. We look forward to future opportunities to continue work with our federal and
state partners.
Director
Office of Agricultural Water Policy
Department of Agriculture and Consumer Services
P.O. Box 147030, Gainesville, Florida, 32614 - 7030 • 352.378.1321 • www.FloridaFarmBureau.org
July 22, 2019
Via E-mail to:
Mr. Andrew LoSchiavo, Restoration and Resources Section Chief
Planning and Policy Division-Environmental Branch
US Army Corps of Engineers - Jacksonville District
RE: US Army Corps of Engineers Proposed Lake Okeechobee Water Management Deviation
Dear Mr. LoSchiavo
The Florida Farm Bureau Federation represents more than 147,000 members statewide many
of which live in south Florida and are reliant on a balanced approach to the management
of Lake Okeechobee and the associated water resources. The Lake Okeechobee
Regulation Schedule 2008 (LORS08) is important on many fronts - flood protection,
environmental, economic, and water supply. We are aware of a proposed deviation from
this regulation schedule in an effort to manage and control algal blooms within the Lake
and are concerned with unilateral decisions made without stakeholder participation.
The Federation has been an active participant in the reassessment of LORS08 to provide
adequate flood protection, minimum flows and permitted water supply needs as long as it
is based on sound science along with stakeholder input. The limited distribution of this
proposal does not follow any of this criterion and appears to be circumventing the public
process in place to reevaluate the entire Lake Okeechobee System Operating Manual.
While we understand the concern with algal blooms in the Lake and their potential for harm
to the estuaries, Lake management should be a holistic approach that balances system-
wide environmental health, flood control, and existing permitted water allocations. This will
minimize the potential for water supply shortages and assure the predictability of a
continued and reliable water supply.
Our expectation is to be included in any decision making process concerning the Lake
Okeechobee Regulation Schedule as well as other restoration projects. Only then can we
continue to be an active partner in maintaining a balanced and sustainable approach to
managing south Florida’s water and natural resources.
Sincerely,
Charles M. Shinn III
Director – Government & Community Affairs
Florida Farm Bureau Federation
FLORIDA FARM BUREAU FEDERATION
THE VOICE OF AGRICULTURE