Text

FPL-033 - South Florida Water Management District Final Order: Authorizing Short Term Water Withdrawals from the L-31E Canal System; (April 9, 2015)(Includes Andersen Memorandum Evaluation of L-31E Water Addition Impacts on Ccs..
	ML15314A698
Person / Time
Site:	Turkey Point
Issue date:	03/13/2015
From:	; Florida Power & Light Co
To:	; Atomic Safety and Licensing Board Panel
	SECY RAS
References
	50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 28505
	Download: ML15314A698 (47)
	v • d • e

BEFORE THE GOVERNING BOARD OF THE I 0 201510: /IJ Ali SOUTH FLORIDA WATER MANAGEMENT DISTRICT ij \Gi SFWMD No. 2015-020-DAO-WU

.. In re: AUTHORIZATION OF SHORT-TERM WATER WITHDRAWALS BY FLORIDA POWER AND LIGHT FROM THE L-31 E CANAL SYSTEM IN MIAMI-DADE COUNTY, FLORIDA FINAL ORDER The Governing Board of the South Florida Water Management District ("District"), pursuant to Sections 373.083, 373.085, 373.086, and 373.171, Florida Statutes (Fla. Stat.), after considering the recommendations of District staff and being otherwise fully appraised of the matter, issues the following Final Order containing Findings of Fact, Ultimate Facts and Conclusions of Law: FINDINGS OF FACT 1. The District is a public corporation of the State of Florida, existing pursuant to Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Fla. Stat., and Title 40E, Florida Administrative Code ("Fla. Admin. Code"), as a multi-purpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida. The District has the power and duty to protect Florida's water resources and to administer and enforce the provisions of Chapter 373, Fla. Stat., and the rules promulgated there under, Title 40E, Fla. Admin. Code. The District has jurisdiction over the matters addressed in this Order. 1 ! ,. ;:; I ii/C I G

2. Florida Power and Light ("FPL") is a subsidiary of NextEra Energy, Inc. As a regulated utility, FPL is granted an exclusive franchise by the Public Service Commission to provide reliable and cost-effective electric service to customers, including critical infrastructure, within its service territory in Florida. FPL's service territory covers all or parts of 35 Florida counties and serves approximately nine million customers.

3. The customers particularly at issue in this matter are those residing in Miami-Dade and Broward counties.

In these counties, FPL provides electrical service to two million customer accounts, including critical infrastructure.

4. FPL owns and operates the electric power generating facility known as the Turkey Point Power Plant ("Turkey Point") that is the subject of this request. 5. Turkey Point is located in unincorporated southeast Miami-Dade County, east of Florida City and the City of Homestead.

The Turkey Point site covers approximately 11,000 acres. Turkey Point is located approximately 25 miles south of Miami and about nine miles east of Florida City. Properties adjacent to the facility are almost exclusively undeveloped land. Turkey Point is bordered to the east by Biscayne Bay, Biscayne National Park, and Card Sound. A Turkey Point location map is attached hereto as Exhibit A. 6. Turkey Point consists of five steam electric generating units: three fossil fuel-fired units (Units 1, 2, and 5) and two nuclear units (Units 3 and 4). Units 1 and 2 constructed in the late 1960s each have a continuous generating capacity of approximately 404 megawatts (MW). Operations of units 1 and 2 are on a standby basis and not routinely in service. Unit 5 has a continuous generating capacity of 2 approximately 1150 MW. Units 3 and 4 each have continuous generating capacity of approximately 820 MW. 7. Units 3, 4, and 5 are certified under Florida's Power Plant Siting Act ("PPSA").

Units 1 and 2 pre-date the PPSA and are not certified.

8. FPL owns and operates a cooling canal system ("CCS"), an approximately 5,900-acre network of unlined canals at Turkey Point, to provide cooling water. Construction of the CCS was completed in 1973. The CCS is closed from the surface waters of both Biscayne Bay and Card Sound. The CCS facilities pre-date the PPSA and are not certified.

Under routine operations, there are no active surface water inflows utilized to maintain CCS water levels, temperature, or salinity.

9. The L-31E Canal System is of particular importance to FPL's request. The L-31 E Canal System is part of the Central and Southern Florida Flood Control Project ("C&SF Project")

for which the District is the designated local sponsor pursuant to Section 373.1501, Fla. Stat. As local sponsor, the District operates C&SF Project components, including the L-31E Canal system and the surface water flow to tide from the associated basins, consistent with the guidance provided in the United States Army Corps of Engineers Master Water Control Manual, East Coast Canals, Volume 5. 10. The L-31E Canal System is a borrow canal and levee system that stretches north -south, intercepting water as it flows eastward to tide in southeast Dade County and providing storm surge protection.

A rnap depicting the L-31E Canal System is attached hereto as Exhibit B. The L-31E Canal runs parallel to the South Central Biscayne Bay and across several drainage basins, six of which are named for the associated major east-west canals: Canal100 (C-100), C-1, C-102, C-103, North Canal 3 and Florida City Canal. This canal network and coastal levee system is operated for several C&SF Project purposes, including reducing the potential for flood and storm surge damage as well as limiting saline water intrusion.

Water from the L-31 E is discharged to Biscayne Bay at several coastal structures as depicted on Exhibit B. 11. Operation of the C&SF Project coastal structure gates in this canal network discharge excess water when rainfall causes stages to rise above the control levels and close in order to maintain sufficient water to prevent salt water intrusion among other Project purposes.

Overall, these surface water inflows comprise the largest input of fresh water to Biscayne Bay and Biscayne National Park in this area. 12. In the 1990's the U.S. Army Corps of Engineers and the District developed the Comprehensive Everglades Restoration Program ("CERP") which was approved by Congress in the Water Resources Development Act of 2000 ("WRDA 2000"). A component of CERP includes the Biscayne Bay Coastal Wetlands Phase 1 Project. This project component aims to restore the overland sheetflow in an area of up to 11,000 acres, and to improve the ecology of Biscayne Bay, including its freshwater and saltwater wetlands, nearshore bay habitat, marine nursery habitat, and the oyster reef community.

13. Implementation of the Biscayne Bay Coastal Wetlands Phase 1 Project will impound and redistribute freshwater runoff from the existing canal discharges into the coastal wetlands adjoining Biscayne Bay to provide a more natural and historical overland flow pattern through existing coastal wetlands and tidal creeks. This redistribution of freshwater runoff will improve the temporal and spatial distribution of inflows to Biscayne Bay. 4

14. The WRDA 2000 requires that water be reserved from allocation as an assurance that each CERP project component will meet its goals and objectives.

Water is to be reserved consistent with the objectives and information contained within the Central and Southern Florida Project Comprehensive Everglades Restoration Plan Biscayne Bay Coastal Wetlands Project Phase I Final Integrated Project Implementation Report and Environmental Impact Statement

("PIR") and other sources of information.

15. To this end, the District conducted technical studies identifying water to be reserved for the protection of fish and wildlife within the western near-shore portion of Central Biscayne Bay, engaged in rule development, and adopted the Nearshore Central Biscayne Bay reservation rule and associated implementation rules. The reservation rules and consumptive use implementing criteria is attached hereto as Exhibit C. The location of the Nearshore Central Biscayne Bay and the associated Project canal system is depicted in Figure 3-1 of Exhibit C. 16. The determination of the amount of water needed for protection of fish and wildlife in the Nearshore Central Biscayne Bay reservation rule is based on meeting a year-round salinity target for the nearshore area of central Biscayne Bay of 20 (practical salinity scale) given in the PIR. More detailed analyses were performed to determine the locations and quantities of surface water for the reservation rules. This information is contained in the District's Technical Document to Support a Water Reservation Rule for the Comprehensive Everglades Restoration Plan Biscayne Bay Coastal Wetlands Project (July 2013). 17. Rule 40E-10.061, Fla. Admin. Code, is the water reservation rule for the Nearshore Central Biscayne Bay. Pursuant to this rule, a Target Flow to the Bay of 504 5 acre-feet per day, of surface water is reserved from allocation.

Appendix 3, Figure 3-1 of Chapter 40E-10, Fla. Admin. Code, depicts the Nearshore Central Biscayne Bay Reservation Water Body and Protected Canal Reaches; Figures 3-4A and 3-4B depict surface water flow from the C-1 02 + Military + C-1 03 Canal through S-21 A + S-20G + S-20F into Biscayne Bay during the wet and dry seasons. (Ex. C.) 18. Water levels in the L-31E Canal System, the proposed water supply source, are influenced by the operation of coastal canal structures.

Operation of the S-20F, S-20G, and S-21A are performed consistent with guidance from the United States Army Corps of Engineers regulation schedule and Master Water Control Manual, East Coast Canals, Volume 5. Under normal operating conditions for April 30 -October 15 the S-20F, S-20G, and S-21A structures are operated in the "high range" meaning discharges*

to tide are conditionally made when stages upstream of the structure including stages within the L-31 E Canal are 2.2 ft. NGVD or higher and the gates are closed when headwater stages drop to 1.8 ft. NGVD. During the agriculture drawdown season (October 15 1 h through April 30 1 h), S-21A, S-20G, and S-20F are set to operate with open and close ranges (Open/Close) of 1.4/1.0, 2.2/1.8, and 1.4/1.0 feet NGVD, respectively.

19. From 1993 to 2013, the District's operational records show the combined average daily flow from the C-102, Military, and C-103 canals through Structures S-21A, S-20G, and S-20F, respectively, into this portion of Biscayne Bay are 987 acre-feet per day from May 1'1 to October 14 1 h, with daily combined flows ranging from 0 acre-feet per day to more than 5,500 acre-feet per day during these months. From 1993 to 2013, the District's operational records show the combined average daily flow from the C-102, 6 Military, and C-103 canals through Structures S-21A, S-20G, and S-20F, respectively, into this portion of Biscayne Bay are 492 acre-feet per day from October 15 1 h to April 30 1 h, with daily combined flows ranging from 0 acre-feet per day to more than 3,500 acre-feet per day during these months. 20. The combined reserved target flow for structures S-21A, S-20G, and S-20F is 504 acre feet suggesting that there is a reasonable expectation that daily flows exceeding the reservation target flows will occur during the months of June through October, and potentially even through the month of November if conservative operational criteria for identifying and quantifying the amount of excess water are used. 21. Beginning in late spring, water temperatures within the CCS usually rise with temperatures at the plant intake often approaching 1 OO"F by late spring. FPL's operating license from the Nuclear Regulatory*

Commission

("NRC") includes a requirement prohibiting the intake side of Units 3 & 4 from exceeding 104 "F. 22. In order to prevent Units 3 & 4 from being required to shut down, thereby impacting grid reliability, FPL requested authorization from the District to use water from the L-31 E Canal System to reduce the salinity and temperature of the water within the CCS. After consideration of water resource constraints, such as the Nearshore Central Biscayne Bay water reservation, the District issued an Emergency Order authorizing the withdrawal of water from the L-31E Canal System above what is needed to meet the reservation subject to various identified conditions, including an operational protocol.

The Emergency Order was issued on August 28, 2014. The Governing Board concurred with the Executive Director's Emergency Order on September 11, 2014. The fall 2014 Emergency Order terminated on October 15, 2014. 7

23. Pursuant to the limitations defined in the Fall2014 Emergency Order, FPL pumped a limited number of days and volumes. These withdrawals, when allowed, ranged from 1 to 103 million gallons per day ("mgd"). FPL withdrew a total of 1,135 million gallons ("mg") of water pursuant to the Fall2014 Emergency Order. During the same time the fall 2014 Emergency Order was in effect and FPL was authorized to pump, the District also released a combined average flow of 601 acre-feet per day of freshwater to Biscayne Bay through S-21A, S-20G, and S-20F, or 97 acre-feet per day above the target reservation flow. 24. During the term of the Fall 2014 Emergency Order, the temperature of the water in the CCS dropped 3.5'F. The salinity of the water within the CCS also dropped from 87.4 parts per thousand ("ppt") to 75.4 ppt. There is a strong correlation between the drop in CCS water temperature and salinity from the addition of surface water 25. FPL submitted an application to modify its site certification, requesting, in part, authorization to construct additional wells into the Floridan aquifer system ("FAS") and authorization to withdraw 14 mgd from said wells in order to provide water to the CCS. The District understands that the FAS is FPL's intended long-term solution to reduce temperatures and salinity of the water within the CCS. 26. The Florida Department of Environmental Protection

("FDEP") received several objections to FPL's request. (DOAH Case No. 15-1559).

A hearing date certain has been set for July 13-17, 2015. As such, the objections and final agency action on FPL's request has not yet been determined.

27. As a temporary, interim step, FPL seeks this authorization to provide water to cool water in the CCS and reduce salinity.

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28. On January 26, 2015, FPL submitted a consumptive use permit application, seeking authorization to divert and use non-reserved water from the L-31E Canal System. The purpose of the diversion is to help reduce high temperature and salinities occurring in the water in the CCS. 29. Specifically, FPL seeks to divert surface water that is available, above the water reserved by Rule 40E-10.061, Fla. Admin. Code, which would otherwise be discharged to Biscayne Bay via the S-20F, S-20G and S-21A coastal structures for the limited duration defined in this Order. 30. In support of their request, FPL provided a water/salt budget model for the Turkey Point CCS developed to quantify the volume of water and mass of salt entering and exiting the CCS over time and to evaluate changes in hydrodynamics associated with operational alternatives.

A copy of the water/salt budget model is attached hereto as Exhibit D. The water/salt budget model ran two scenarios at multiple withdrawal rates. The first scenario simulated average weather conditions and the second scenario simulated drier than normal conditions.

Each scenario was run four times under different pumping scenarios-no pumping, 30 mgd, 60 mgd, and 100 mgd and for a two (2) year timeframe.

In each scenario, the results of the modeling showed that the greater the volume of water pumped into the CCS, the greater the drop in salinity of the water in the CCS. 31. As of March 24, 2015, the salinity of the water in the CCS was 85.76 ppt. The temperature of the water within the CCS was 90.45'F. These water temperatures are projected to increase during warm spring, summer, and fall months when air temperatures are high and daylight duration is at its height. The CCS water 9 temperatures become more manageable when cooler weather and shortened days occur during south Florida's winter and spring months. 32. District staff reviewed and considered FPL's request, historic data, District statutory authorizations and rules, and the potential water availability.

District staff also met with representatives of FPL and other stakeholders to discuss this matter. Therefore, FPL has indicated its intent to withdraw application No. 150126-17, upon execution of this Order and expiration of the time to challenge the same. ULTIMATE FACTS AND CONCLUSIONS OF LAW 33. The District is authorized to regulate connections and use of the District's rights of way, use of water, construction of new diversion facilities, initiation of new water uses, diversion and withdrawal facilities pursuant to a variety of statutes. (e.g.: §§373.083, 373.085,373.086,373.1501, 373.171,373.219, Fla. Stat.) 34. The Governing Board may "[i]ssue orders to implement or enforce any provisions of th[e] chapter or regulations." § 373.083(2), Fla. Stat. (2014). 35. The Governing Board is authorized to issue orders affecting the use of water, as conditions warrant, and forbidding the construction of new diversion facilities or wells, the initiation of new water uses, or the modification of any existing uses, diversion facilities, or storage facilities within the affected area. § 373.171(1), Fla. Stat. (2014). 36. Pursuant to Sections 373.085, 373.086 and 373.1501, Fla. Stat., the District is authorized to act as local sponsor and operate the C&SF Project, including those structures that are part of the L-31 E Canal System and relevant to the subject reservation.

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37. Rule 40E-10.061, Fla. Admin. Code, reserves water for protection of fish and wildlife in the Nearshore Biscayne Bay. Seasonal target flows are stated in this rule. Operation of the C&SF Project frequently involves discharge of water from the subject structures to tide in excess of those reserved such that water is periodically available for use. 38. FPL's Turkey Point CCS has recently experienced heightened temperatures and salinity.

The CCS temperatures, if sufficiently high, can result in an emergency involving potential to shutting down all or part of power production at Turkey Point. 39. Addition of water from an external source can reduce CCS temperatures.

40. To avoid an emergency and better manage heightened CCS temperatures and salinity, FPL seeks a short-term approval authorizing withdraw of available surface water from the L-31 E Canal System as it develops long-term water supply and other options to manage CCS temperatures and salinity.

41. Based on FPL's request and the above-described facts, the District has considered this matter and finds that the requested use, as conditioned by the below stated withdrawal limitations and monitoring requirements, will not use water reserved for protection offish and wildlife as defined in Rule 40E-10.061, Fla. Admin. Code, and will not cause to harm the water resources of the District.

ORDER Based upon the Findings of Fact, Ultimate Facts and Conclusions of Law, the Governing Board orders that FPL is authorized to undertake the following, temporary actions in accordance with the conditions stated herein: 11

42. Short-Term Water Withdrawal Authorization

a. Water Availability Restriction:

FPL is prohibited from withdrawing and using water from the L-31 E Canal System that is reserved for fish and wildlife by Rule 40E-10.061, Fla. Admin. Code, for the Nearshore Central Biscayne Bay. The only water available for the purpose of this Order is that water which would otherwise be discharged to tide through the S-20F, S-20G, and S-21A structures and is sufficiently in excess of the flows reserved for protection of fish and wildlife in Rule 40E-10.061, Fla. Admin. Code. This available surface water may, for the duration of this Order, be withdrawn and used within FPL's cooling canal system in accordance with the conditions as set forth below. There are no assurances provided by this Order that water will be available for FPL's withdrawal and use on any given day. Water availability is determined by a two-step process: Step 1) satisfaction of the calendar constraint criteria; and Step 2) the delivery of 504 acre-feet per day to the Nearshore Central Biscyane Bay from S-21A, S-20G, and S-20F each day prior to the daily withdrawal of excess water from the C-103 Basin. b. Step 1 -Calendar Constraint:

FPL may potentially withdraw water from June 1 to November 30 ("Calendar Constraint").

No withdrawals are authorized from December 1" through May 31" by this Order. c. Step 2 -Withdrawal of Excess Water from the L-31 E Canal System: If the Calendar Constraint (Step 1) is met, the following procedure shall be used to identify when FPL can withdraw water from the L-31E Canal System: 1. Part 1 -All pumps start each day off. 12

11. Part 2 -All pumps remain off until the combined discharge from S-21A, S-20G, and S-20F equals or exceeds 504 acre-feet.

FPL shall monitor a data feed (i.e., web page) maintained by the District that provides real time estimates of the discharges from S-21A, S-20G, and S-20F. The data populating this site will be collected by the District SCADA system and communication in the normal time frames (e.g., updates ranging in frequency from 15 minutes to an hour). iii. Part 3 -Once the data feed confirms that the combined discharge from S-21A, S-20G, and S20F equals or exceeds 504 acre-feet, FPL may withdraw water from the L-31 E Canal System for the remainder of the day at up to the maximum capacity provided that the Criterion to Prevent Over-Withdrawal or Hydraulic Slope Impact is met IV. Part 4-End of the Day. By the end of the Day (11 :59 p.m.), FPL shall turn off all pumps. Once the pumps are secured for the day, FPL shall record the daily flow totalizer for each pump. 43. Criterion to Prevent Over-Withdrawal or Hydraulic Slope Impact: FPL shall maintain a volume within the L-31 E that is sufficient to ensure that there is no net withdrawal based on the expected measurement uncertainty of the flow totalizers.

a. FPL shall calculate the daily volume pumped from the C-1 03 Basin into the L-31E as well as the daily volume pumped from the L-31E into the CCS. The volume of water pumped from the C-1 03 Basin into L-31 E must exceed the daily volume pumped from the L-31E into the CCS. The difference in volume shall account for any calibration errors between the two flowmeters.

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b. The pumps withdrawing water from the C-103 Basin and discharging into the L-31 E Canal (North Pumps) shall always be started at least five minutes before the pumps withdrawing water from the L-31 E and discharging into the CCS (South Pumps). At the close of pumping for the day, the South Pumps shall be stopped at least 5 minutes before the North Pumps. In addition to this proactive measure, FPL shall evaluate the stage response of the L-31E for drawdowns due to a net withdrawal or hydraulic slope or a combination of both and reduce the L-31 E withdrawals as required to eliminate any drawdowns caused by FPL pumping. 44. Communication of Water Availability Determination:

Data on the daily discharges from S-20F, S-21A, S-20G will be available on a web page for FPL to determine when it can pump excess water from the L-31E Canal System between June 1 and November 30 each calendar year. In the event the District's real-time or specific web page are inoperable on a given day or time period, FPL shall contact the District's Operation Control Center at: 561-682-6116 and occ@sfwmd.gov to report that the information is not updating so that the SFWMD can issue a remedy ticket to diagnose and correct the problem. FPL may not commence any daily withdrawal operations until the District's data feed is operable or FPL receives written (e.g., e-mail) approval to pump. The District will provide written approval only for extended (multi-day) outages of the data feed. FPL will be solely responsible for accessing the District's data and FPL own data (e.g., pumping rates) to perform the calculations required to assess the criteria and calculate the correct pumping rates and durations.

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45. Monitoring and Reporting:

FPL shall monitor and report the amount of water diverted from the L-31E Canal System toils cooling canal system on a weekly basis. a. When FPL withdraws water, FPL shall generate a daily report that includes the following detailed information:

i. The water availability determination for each day based on the data from the District-provided web page; 11. Identification of which pump(s) were used over the course of the day; 111. The time on and time off, per pump; iv. The RPM setting, per pump, if variable;

v. The calculated volume of water pumped, per pump; and, vi. The cumulative log flows at each pump station. VII. FPL shall collect temperature and salinity data prior to initiation of pumping pursuant to this Order and once a week thereafter for the duration of this Order during the operational period. These samples shall be collected at monitoring station TPSWCCS-1 and TPSWCCS-2 in the CCS, and the results submitted to the District by noon on the following Tuesday after their collection.

b. FPL shall prepare a weekly report which summarizes the daily reports for the preceding week (Monday at midnight through Sunday at 11:59 p.m.) and includes the following additional information:

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1. Hourly stage data for the L-31E Canal measured at TPSW-1 and TPSW-2 for the weekly reporting period, whether or not the pumps operated.

The report shall include a table of the weekly data and a graph of the stages. 11. The weekly report shall include a table and graph of the hourly staff gage readings from SG-N (North of Palm Drive), SG-S (South of Palm Drive), and SG-PSS (South Pump Station).

iii. The weekly report shall be submitted by noon on the following Tuesday of each week c. The reports shall be e-mailed to Simon Sunderland, P.G., Consulting Hydrogeologist at ssunder@sfwmd

.gov or Maria Clemente , P.E., Bureau Chief at Both reports shall reference this Final Order. Upon District review of the daily and weekly reports, conference calls may be required.

d. Add i tionally , the District may request available monitoring data at any time and FPL shall provide the same within two hours of the District's request. 46. Spec i al Pum p Stat i on Cr it eria: a. The District may require FPL to terminate pumping at any time. Upon receipt of any oral or w r itten request from the District to terminate pumping , FPL must cease pumping within two (2) hours. b. FPL shall coordinate the pumping at both stations to assure that, from a non-flow condition, the north station pumps shall be started first. The south station pumps shall be started within five (5) minutes of the north station pumps start , with an equ i valent flow. Similarly , when pump operation ceases , the south s t ation pumps shall cease first and the north station pumps shall cease within 5 minutes. 16

c. FPL shall prepare a storm/hurricane contingency plan that includes securing the pump stations and ancillary equipment during a major weather event, plans to empty all fuel lines from the storage tanks to the pumps. A copy of the plan should be available for the District to review, if requested.

FPL is required to monitor the weather and hurricane forecasts and make the appropriate timely preparations.

47. Pump Requirements:

a. The pump stations shall be staffed on a 24-hour basis. b. Pump Discharge Curves: Pump discharge curves used in determining rates of discharge while pumps are operating, as deployed in the field, shall be provided to the District prior to pump operation for the purpose of calculating flow rates and volumes. c. Totalizing Hour Meters: FPL shall install totalizing flow meters at each pump authorized by this Order and such meters shall be available for periodic District inspection and verification.

Documentation of an up-to-date and accurate calibration for each of the totalizers shall be provided before pumping commences.

48. This Order authorizes FPL to take actions under Chapter 373, Fla. Stat., as provided herein. This Order does not relieve FPL from the requirements to obtain any other federal, state, or local authorizations.

49. This Order does not constitute a water use or right-of-way permit or grant any legal right to water as set forth in Chapter 373, Fla. Stat., and associated District rules and regulations over the water intercepted and stored under this Order. 50. This Order does not convey any property right to FPL, nor any rights and privileges other than those specified in this Order. This Order shall not be construed as 17 an abandonment or any other such impairment or disposition of the District's property rights. 51. This Order shall not be construed as a substitute for, or waiver of, any right-of-way, surface water management, water use, or other permits required of FPL under the District's rules and regulations.

52. FPL shall insure that harmful impacts to the water resources, off-site land uses, or existing legal uses of water do not occur as a result of this Order. In the event such harmful impacts result from actions authorized by this Order, FPL shall implement all actions, as directed by the District, to cease such harmful impacts and, if necessary, to mitigate such impacts. Failure to comply with this requirement shall be considered a violation of this Order. 53. Failure to comply with the terms of this Order shall constitute a violation of a District Order under Chapter 373, Fla. Stat., and enforcement proceedings may be brought in any appropriate administrative or judicial forum. 54. The District reserves the right to initiate appropriate legal action, to impose civil penalties, and collect attorney's fees and costs to enforce the terms of this Order. 55. This Order may be modified or amended at any time, as appropriate for the protection of the public health, safety, and welfare and the water resources of south Florida by the Governing Board, Executive Director, or Executive Director's designee.

56. The Executive Director or Executive Director's designee may require FPL to cease withdrawal and/or use activities under this Order at any time. 57. Failure to comply with the conditions contained within this Order shall constitute a violation of a District Order under Chapter 373, Florida Statutes, and 18 enforcement proceedings may be brought in any appropriate administrative or judicial forum. 58. If the District petitions or sues for enforcement of the terms of this Order, the District reserves the right to initiate appropriate legal action, to impose civil penalties and collect attorney's fees and costs. 59. This Order shall terminate on November 30, 2016 at 11 :59 p.m. or upon written notice from the District's Executive Director or the Executive Director's designee, whichever occurs first. 2015. 60. A Notice of Rights attached hereto as Exhibit E. DONE AND SO ORDERED in West Palm Beach, Florida, on this 9th day of April, 19 SOUTH FLORIDA WATER MANAGEMENT DISTRICT By its Governing Board -, Blake C. G.-HJUory, P.E. Executive Til rector Legal Form Approved:

" -' H ' ' ' ' m ' >< :J: -Dl --1 > FPL TURKEY POINT COOLING CANAL FRESHWATER RECHARGE MIAMI-DADE COUNTY, FLORIDA PROJECT LOCATION LOCATION MAP N.T S ' C-3 DRAWING INDEX COVEK S!iEE7 CONSTRUCTJON NOTES PROJECT OV2RVIEW 'NTAKE SYST:OM PlAN lNTME SYSTEM PUMP AND UNDER ROAD CROSSING DISCHARGE SYSTE:M SITE PLAN DISCHARGE SYSTEM PUMP AND LEVEE CROSSING DISCHARGE SYSTEM PRO<'ILES D<SCHA.RGE SYSTEM PIPE CROSSING 0\/ER INTERCEPTOR CANAL C-10 PIPE BRIDGEPLANANDDETAILS C-11 EROSION CONTROL PLAN ' I VICINITY MAP ,._

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EXHIBIT 8 Pol icy and Purpose Definitions Water Reservations Implementation CHAPTER WATER RESERVATIONS 40E-I 0.0 II 401--::-I 0.021 I 0.031 Wate1* Reservation Areas: Lower East Coast Planning Area 40E-10.011 Policy and Purpose. The purpose of thiS chapter is to define the quantity, location and timing of waters rCSCI'VCd from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified water bodies. Water reservations arc implemented in the water usc program pursuant to Chapter 40E-2, F.A.C. Rulemaking Aulhority 373.044, 373.1/3, 373.!71 FS. Law lmp!emenled 373.016. 373.026, 373.036, 373.1501, 373.1502.

373.219, 373.223. 373.4592, 373.4595, 373.470 FS. 1-!is!OJ}'--New 7-2-09, Amended 7-14-/.f..

40E-1 0.021 Definitions.

(1) Fakahatchee Eswary-The area within the Ten Thousand Islands region including the following river/bay systems, from west to east: Blackwater River/Blackwater Bay, Whitney River/Buttonwood Bay, Pumpkin River/Pumpkin Bay, Wood River, l.ittlc Wood River and Faka Union Canal!Faka Union Bay, and Fakahatchee Bay as depicted in Figure 1-3 Fakahatchee Estuary. {2) Picayune Strand-The area located southwest of the Florida Panther National Wildlife Refuge, no1ih of the Ten Thousand Islands NWR, east of the South Belle Meade State Conservation and Recreation Lands (CARL) Project, west of the Fuk11hatchce Strand Preserve State Park, and northeast of Collier-Seminole State Park as depicted in Figure 1-2 Picayune Strand. The legal description of the Picayune Strand is contained in Appendix 1. (3) North Fork of the St. Lucie River-The area that extends from the Gordy Road structure (state plane coordinates, x851212.831, yl I 16105.7470), to the confluence of the North Fork of the St. Lucie River and the C-24 canal {state plane coordinates, x873,712.20, yl064,390.41) as depicted in Appendix 2, Figure I. (4) Nearshore Central Biscayne Buy-The urea within Biscayne Bay up to 1640 feet (500 meters) from the shoreline beginning south of Shoal Point extending southward to nolth of Turkey Point as depicted in Figure 3-1. (5) Caloosahatchee River-The surface waters that tlow through the S-79 structure, combined with tributary contributions below S-79 that collectively flow southwest to San Carlos Bay, as defined in subsection40E-8.021{2), F.A.C. (6) Caloosahatchee River (C-43) West Basin Storage Reservoir-A reservoir located in Hendry Cmmty, Florida, west of the City of LaBelle on the east side ofthe Townsend Canal and south ofSR 80 as described in Appendix I -12, and depicted in Figure 1-13 (also known as the 'C-43 Reservoir').

l?u/emaking Authority 373.044, 373.ll3, 373.171 FS. Law Implemented 373.016. 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223. 37 3.4592, 373.4595, 373.470 FS. His/my-New 7-2-09, Amended 3-18-10, 7-21-13, 7-16-14 40E-10.031 Water Reservations (I) Applicants for consumptive use permits sha!l meet the requirements of this rule by providing reasonable assurances that Rule 40E-2.30 1, F.A.C., and Section 3. I I of the "Applicant's Handbook for Water Use Permit Applications within the South Florida Water Management District," incorporated by reference in Rules F.AC., are met. (2) Water reserved for the protection of fish and wildlife contained within the Picayune Strand and Fakahatchec Estuary is defined in subsections 40E-I 0.041(1 )-(2), F.A.C. (3) Water reserved for the protection of fish and wildli!C contained within the North f-ork of the St. Lucie River is de!ined in subsection 40E-l 0.051 (I), F.A.C. (4) Water reserved for the protection of fish and wildlife contained within Nearshore Central Biscayne liay is defined in subsections 40E-1 0.061 (I )-(2), F.A.C. (5) Water reserved for the protection of fish and wildlife contained within and released, via operation, from the Caloosahatchee River (C-43) west Basin Storage Reservoir is defined in subsection 40E-I 0.04 I (3), F.A.C. Ru/emaking Aulhorily 373.044. 373113, 373.1711*8 Lnw Implemented 373010, .173.1)26, 373.036. 373.1501.

373.1502.

373.2/9, 373.223. 37 3.4592. 373 4595. 373../70 FS.

Nr'w 7-1-09, Amended 3-18-10, 7-21-/3, 7-I.J-I.f..

7-16-14. EXHIIliT C 40E-10.061 Water Reservation Areas: Lower East Coast Planning Area. (I) Nearshore Central Biscayne Bay as defined in subsection 40E-l 0,021(6), F.AC .. All surface water contained within Nearshore Central Biscayne Bay is reserved from allocation (see Figure 3-1 ). (2) Surface water flowing into Nearshore Centrall3iscayne 13ay as identified below is reserved from allocation: (a) Surface water tlows depicted on Figures 3-2.A and 3-2.H through S-123 derived from the following contributing canal reaches: I . The C-1 OOA canal upstream ofS-123 to S-120 including all integrated conveyance canals. 2. The C-IOOC canal upstream ofS-123 to S-119 including all integrated conveyance canals. 3. The C-1 OOB canal upstream of S-123 to S-122 including all integrated conveyance canals. 4. The C-100 canal upstream ofS-123 to S-118 including all integrated conveyance canals. (b) Surface water !lows depicted on Figures 3-3.A and 3-3.13 through S-21 derived from the following contributing canal reaches: I . The 1.-31 E bon*ow canal upstream of S-21 to the canal terminus.

2. The C-1 canal upstream ofS-2lto S-122 and S-149 including all integrated conveyance canals. 3. The C-1 canal upstream of S-21 to the C-1 W canal and S-338 including all integrated conveyance canals. (c) Surface water nows depicted on Figures 3-4.A and 3-4.B which is the combined flow through S-21A. S-200, and S-20F as derived from the following contributing canal reaches: I. The C-102 canal connecting to the C-102 N canal upstream ofS-21 A to S-195. 2. The C-102 canal upstream ofS-2\A to S-!65. 3. The L-31 E borrow canal upstream ofS-21 A to its terminus near S-21 including the Gould's Canal. 4. The L-31 E borrow canal upstream of S-21 A south to S-200. 5. The Military canal upstream ofS-200. 6. The C-103 canal upstream ofS-20F to S-179. 7. The L-31 E borrow canal upstream ofS-20F to S-200 including all integrated conveyance canals. 8. The L-31 E borrow canal from S-20F south to the North Canal. 9. The North Canal. I 0. The L-31E borrow canal from S-20F south to the Florida City Canal. 11. The Florida City Canal from Southwest 107th Avenue to its confluence with the L-31 E borrow canal. Notwithstanding the above, presently existing legal uses for the duration of a perm1t existi11g on July t 8, 2013, are determined to be not contrmy to the public interest pursuant to Section 3 73 .223( 4 ), F.S. Reservations contained in the section shall be reviewed in 1 ight of changed conditions or new information.

Rulemaking Aulhm*ily 373.(!44.

373./13, 373.171 FS. Law fmplemenled 373.0/6, 373.026, 373.036, 373.1501.

373.1502, 373.219. 373.223, 373.4592,373.4595.

373.470FS.

flistOJy New 7-21-13.

A P P E N DI X 3: L O WER E A S T CO AS T PLA NNIN G A REA F i g ure 3-1 Nearshore Central Biscayne Bay Reservation Water Body and Protected Canal Reac h e s FIJura 3-1 Nearshoro Centr a l Biscayne Bay Reservation Water Body and Protected Canal R e a ches -Pl: t matv Clnt l e Rtg u la.ted Wilt9!' DOd es oamfl , l Rtacbo* -Nr*r Jhoi'CI *C:onlnl lii!JCI(jiJ111 Bl)' CulnJt Sp i iJwn.y N v W.lr *'

Figura 3-2 A Surface WaterFlow from the C-100 canal through S-123 into Biscayne Baydurlng the Wet Season

,_, ___ _ i I I into OOM} "" f i £ "00 '"'

Figure 3-3 A Surface Weier Flow from the C-1 canallhrough S-21 into Biscayne Bay during ttm Wet (June-Or.tober)

(19S6.2011)

"" 0000 1:: ! £ 1000 '" Poroomogo Tim* Equalod E>eoadad Figure :J--3_B Surface Water Flow from UteC-1 canal through S-211nto BlsGayne Bay during the Dry (November-May)

(1966*2011)

"" 0000 $-21 =W*rerR ... Ned '"

Figura 3*4.A Surfaca Waler Flow from lhe C-102+MOilmy+C*103 Canal lhrough S-21A+S-20G+S-20F iolo Bi$Cayne Bay during th" Wet Season (June-October) j 19B6-2011)

"= ,------------------

TB<o** =

3-4.B Sorfaoo Water Flow from I he C-102->Military*C-1 03 Canal lhrough S-21A+S-20G+S*20F into Biscayne Bay during the Dry Season jNovambor-May)

(1936-2011) eaooy-----

"" I 1------S*liA*S*lOU*S*2Df T*"l'" =w .. orR"""I<JO l i 1000 '" Pon::ont*o*

lim*

or Exo.,.Of<l 40E-2.301 Conditions for Issuance of Permits. (I) In order to obtain a permit, permit renewal, or permit modification under this chapter, an applicant must give rcasonabk:

assurances that the proposed water use at the time the permit application is deemed complete: (a) Will not cause harmful saline water intrusion; (b) Will not harm offsite land uses; (c) Will not cause harm to wetlands or other surface waters; (d) Will not cause pollution ofthc water resources; (c) Is otherwise a reasonable-beneficial use defined in Section 373.019(13), F.S., with consideration given to the factors set forth in Rule 62-40.410, F.A.C.; (f) Will not interfere with presently existing legal uses; (g) Is in accordance with Section 373.2295, F'.S., concerning interdistrict transfer of groundwater and Section 373 .223(3), F.S., concerning water transport and use of groundwater or surface water across county boundaries. (h) For uses with a recommended maximum allocation which exceeds 100,000 gallons per day or uses within a mandatory reuse zone, makes use of a reclaimed water source in uccordance with the criteria contained in the "Applicanrs Handbook for Water Usc Penn it Applications within the South Florida Water Management District," incorporated by reference in Rule 40E-2.091, F.A.C. (i) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and G) Is consistent with Sections 373.016 and 373.036, F.S., and otherwise is consistent with the public interest as prescribed by Chapter 373, F.S., and this chapter. (k) Will not withdraw wmer reserved under Chapter 40E-l0, F.A.C. (2) In order to satisfy the conditions for permit issuance in subsection (l ), the permit applicant must pmvide reasonable assurances that the criteria in the "Applicant's Handbook for Water Usc Permit Applications within the South Florida Water Management District," incorporated by reference in Rule 40E-2.091, F.A.C., are met. Rulemaking Authority 373.044, 373. I 13, 373.1! 8. 373.17! FS. Law Implemented 373.036, 373.042. 373.083, 373. 103(4), 373.150!, 373.1502, 37 3.223, 373.229, 37 3.2295, 37 3.470 FS. Hisloty-New 8-14-02, Ameuded 8-31-03, 4-23-07, 2-13-08. 7-2-09, 7-14-! 4.

APPLICANT'S HANDBOOK FOR WATER USE PERMIT APPLICATIONS

{07-16-2014) 3.11.3 Nearshore Cen1ral Biscayne Bay A permit applicant shall provide reasonable assurances that the proposed use will not withdraw water reserved under subsection 40E-10.061(1), F.A.C. Compliance with the following criteria constitutes reasonable assurances that water reserved in Rule 40E* 10.061, F.A.C., will not be withdrawn.

Water not reserved under Rule 40E-10.061, F.A.C., shall be allocated pursuant to this Subsection.

For this section, the following definitions apply: Direct withdrawal:

Withdrawal of surface water from facility intakes physically located within the surface water column of Nearshore Central Biscayne Bay as depleted on Figure 3-1 in Chapter 40E-10, F.A.C. No direct withdrawals shall be authorized pursuant to this rule. Indirect withdrawal:

Withdrawal of surface water from facility intakes physically located within the surface water column of any canal reach identified in Figure 3-11n Chapter 40E-10, F.A.C. The following uses do not withdraw reserved water: A. Withdrawals of groundwater; B. Withdrawals authorized by Rules 40E-2.061 (General Permits by Rule) and dewatering operations that 1) will not exceed a maximum of ten 10) mgd, with a maximum of 1 ,800 mg total pumpage; and 2) will not exceed a total duration of one year for the entire project; C. Renewals of indirect withdrawals authorized by a permit existing on July 21, 2013; D. A permit involving an indirect withdrawal authorized by a permit existing on July 21, 2013 that does not change the source, increase the allocation or change withdrawal locations, such as replacement of existing WUAH-91 APPLICANT'S HANDBOOK FOR WATER USE PERMIT APPLICATIONS 107-16-2014) surface water pumps or intakes, crop changes that do not change the allocation or timing of use, or decrease in allocation; E. A new indirect withdrawal with no greater allocation and impact, including changes in timing, than a terminated or reduced permit that was existing on July 21,2013 and occurs upstream of the same coastal structure; and, F. Indirect withdrawals which do not withdraw reserved water as defined In Rule 40E-10.061 F.A.C. WUAH-92

(

ft:) TETRA TECH F ro m: To: D a te: TEC HN ICAL MEMORANDUM P e t e r F. And ers en and Jame s L. Ro ss, T et ra Te c h St acy Fo st e r and S co tt Bums, F l o r id a Po we r & Li ght Comp a n y M ar c h 1 3, 201 5 S u b j e ct: Eva l u a t i on of W at er A d d it io n Im pac ts o n CCS S a linity Re d u ct io n Intmduction Th is te ch nica l me m ora ndum d escribes wa t e r an d salt bal ance modeli ng of the a dd it i o n of L-31 E w at e r as a s a li ni ty r e du c t ion meas ur e i n the Flor i da Powe r & Light (FPL) Co o li ng Ca na l System (CC S), l ocated at t h e Tur k ey P o i nt Nu cl ea r Po w er P l an t. Th e m o de li n g was co nducte d to prov i de an a ss e s smen t of the effects of add i n g wa t e r to the CCS betwee n June 1 a nd N o ve m be r 3 0 in 2 0 15 a n d 2 0 1 6 i n an e f f o rt t o re du ce t he s alin ity of the C C S. Knowledg e of t he e ff ects o fad di ng th is w a ter w ill he l p to id entif y ho w effective it i s a t re d uc in g CCS s a linity u n d er d if f e rent as s umpt i on s of water av ailab ility and ma ximum d aily wi t h d r a w a ls. A sprea d s h eet-b ased w at er a n d s a lt b alan ce m o d e l w as e mplo y ed f o r th is a nal ysis. T h is mod el was d ev elop ed a s a p ar t of t h e Turk ey P o i nt U p rate m onit o ri ng p ro gra m. Th e S o u t h Fl o rid a Wat er M anag e m e nt D i st r i c t has re view e d t he m o d el at v a r i ous st a ges of its dev elop m e nt an d a pp lic a t ion. T h e ve r s io n of th is mod el e m pl o y ed for t h e pr edictive a na lysis is t ra ns ie nt a nd c alib ra ted to 4 5 month s of hydrologi c and w a te r qualit y da t a co lle ct e d w i t hin t h e CCS a n d in t h e surroun d ing en vi ronm en t (Eco l og y an d E n v i r onm e n t, 2 014). T h is m o d el w as m od ifi e d an d exec u ted to p ro vide es timate s o f t h e eff ect of a d din g v a rious amo un t s o f E w a t e r in an e f f o rt to a tt ain r ed uction s in C CS s a li n it y. Background T he CC S i s a co n str u cted s u r tac e w at e r bo dy t ha t re c eives h eated wate r from T u rkey Po in t Pow er-Gene rati n g Un it s l , 3, and 4. As the he at e d wa t er tr a v e ls s o uthw a r d a lon g the d i sc h ar ge ca nal s an d no rthw ard b ack t o t he pl a n t a l o ng re turn c a n a ls, it is cooled b y ev a poration a nd m ixi n g wit h in flow i ng w a ter from the B i scay ne A q u if er. D ue t o t h e ev a p o r at ive pro cess, whi c h is f a c il itated by the e lev at e d temp er atu re o f t h e wa t e r , a p o rti o n of t he water f r om t h e C C S i s l ost t o t he atmo sp h e r e, le a ving di ss ol ve d s o li d s b eh ind in t he CC S an d pro d u cin g hy p ers a li n e cond i t ions in t h e CC S. H y p ers a line w ate r ex hib its s a li n ities g r e a t er t h an t h a t of seawa t er, wh i c h h as a sa li nity of a pp rox imatel y 35 PSU. O ver t he 1 0 years p ri or t o 2 0 14, s alini ty in t he CC S ha s ran g e d be t ween 42 and 69 P SU. D u ring 2 01 4, s alini ty in th e CCS i nc re a se d to a ma x im u m da il y av em g e of appro x imatel y 99 P S U (m on i to r i n g s ta t ion TPSWC C S-4, S e pte mbe r 9, 2 0 14). S ub se qu e nt t o that p e a k, sa li n iti e s re du ced and varie d be t w e e n 6 5 a nd 75 P S U i n th e f all o f 2 0 14. Par t o f t h is salinity r eduction i s a tt r i b uta ble to m e a s u r e s u n de rt ak en by FP L th a t i ncl u d e d add i tion of E w ate r and grou n dwa te r from a Flo ri d an we ll a sso ciat ed wi t h Uni t 5. I n ord e r to mitig a te t he c o ntrib u tion o f h ype r s ali ne wa te r to t h e u n d e rlyi ng Bisc ayn e A qui f e r, a nd ret u rn t h e CC S to equilibr i um c on sist ent w ith p r e-2014 con d itio ns, FPL i s e v a lu a ti ng r emedial mea su re s to mod erate CC S s a li ni t i es a n d pr ev en t si gn ifi ca n t incr ea s es i n the ne ar futu r e. In t h e cou r s e of p r ior e v alua tio ns cond uct ed t o i n ve s t iga t e t he r e sp o n se of CC S s a li ni ty t o TETRA TE C H EX HI B I TD Page 2 the a dd it i on o f l e ss sa l i ne w ate r, a n i ns p ec tion of m onit o ri ng d a ta b etwee n 2010 and 2012 r e vealed a c o r r e la t i o n be t ween d a ily rainfa ll on the C CS a n d CCS salinity, wh e re ra inf all e v en ts were ge n era lly f ollowed by s hort te nn red u ctio n s in CCS salinity.

T wo p he n omena were e v i de n t i n this rev ie w of CCS moni t o rin g da ta: 1) CCS s a linit i es generally r e d uce during r ai ny m o n th s (M ay thr o ugh O c to b er); 2) sign ifi ca n t rai n f a ll events produce nota ble r edu ct i o n s i n CCS sa li ni ty. T he latter phe nom e non i s e ff e c t i vely ill u s t r a t ed by a large(> 7 i nches) r a i nf a ll eve n t in lateSeptember 201 0 t hat in duc ed a n a p p roximate 10 PSU dr op i n t he avera g e C CS sali n ity. B e ca u se prec ip ita t io n ev ents a re s im ply f reshwater i nflows t o the CCS, t h ey e f f e ct i v ely dilut e t he water an d re du ce sali ni ty. B a sed on t h e ef f ec ti veness of s uch l o w-sali n ity i nfl o ws in reducing salin it y, t h e a ddit io n of L-31 E w a te r to the CCS was proposed during times w h e n s u c h w at er w a s av a il a ble. T he w a ter a nd s a l t ba la nc e model men t ioned a b ove was rec o nfigured to e valuate th i s sa li ni t y reducti o n meas u re w i t h res p ect to i ts e ff ectiveness i n mitigating h i gh CCS s a l in i ty in the near f u tur e. T h ese ev alua t i ons and assoc i a ted res u lt s and conc l usio n s ar e discussed b e lo w. Reconfigua*ation o f W ate a* Balance to Repre s ent Futut*e Predictions Cali br ate d W a t e r and S a l t B al an ce Mod e l Bas ed o n moni t ori ng d at a in a n d o ut si de of th e CCS, T etra Tech c o nst ru c t ed a t rans i ent w at e r a nd s alt bala n ce m ode l of t h e CC S and calibrated i t to 45 months o f hy d ro l ogic a nd sa li nity da ta c o llected fro m th e CC S b etwee n Septe mb er 1 , 2 0 10 and May 31,2014 (Ec o logy and Envi ro nment, 2 014). Thi s mo d el ca lc u lates in fl ows to the CCS (e.g. p reci p itatio n , seepage from gr o un d wa t er) and o u tflo ws f ro m the CCS (e.g. evaporation, seepage to gro un dw a ter) on a d aily .. timeste p usi n g h y dr o l og i c, wa t er qu ali t y, and me t eorological d a ta. These d ata were collected at i nt ervals ran g i ng from IS-mi n ute to 1-day t hrough o ut Biscay n e Aqu i fer, Biscayne Bay, the CCS, a nd n ea rby c a nals. Th e m o d el us es t he calc u lated d a ily i n fl o ws a nd outflows t o effect i vely si m u l a t e da il y cha n ges i n CCS wa ter a nd sal t st o rage. These c han ges in s t orage a re th en empl o yed t o ca l c u l ate d aily c h a ng es in CCS w a ter l evels an d s a lin i ty. T h is m o de l was la ter rev is ed to i n c orporate d a ta and s i m u late condit io ns thr o ugh Oc t obe r 2 0 14. Bec au se this ti m e fra me wi tn e s sed sig n ific a nt stresses on the CCS, i ncl ud ing elev a ted e vap ora t i ve l osses from the CC S, re lat i ve l y l ow precip i tatio n-based i n flows, an d the i n flux of pu m ped L-31E water, i t was dete nn i n ed th at a mod el c a librated to the extended ti m eframe wo u ld be r o b u s t and a b ette r pre di ctive to o l. Wit h minor cha n ges t o m ode l parameter val u es, the ca li br a t ed 4 5-mo nth m ode l was ex t ended a nd r e-c a li b r at e d to effective l y simu l a t e the 50-m onth ti me fr ame t hr o u g h Oc t o b er 2 0 14. T he q uali ty o f t h e m odel is ill u strated by the reasonably ac c u r ate s im ul atio n of d aily cha n ges i n av er a g e CCS w at er levels and salin i ty over the SO-mo n th p erio d (Figure 1 ). It s ho u ld be n o t e d t h a t th e m o del c orrectly si m u l ates re d uctions in s a li nity t ha t r es ult fro m bo t h la rge ra infa ll e ven t s (e.g. Oc t ober 1, 2 0 l 0) an d the additi o n o f L-3 1 E w a ter (late Se p te m b er throug h mid-Oct ob er 2014 ). Th e ab ili ty t o m a tch the r esponse of sa li n i ty to t he addi t io n of a k nown quant ity a n d q uali ty of water pr ov i des con fi dence th a t t he m o del is ab l e to p redi c t ch a n g es i n C CS sa linity d ue to p re scr ibe d CCS salin i ty red u c t i on m easu r es. Pred i ctiv e W a te r tmd Salt B ala n ce Mo d e l In o rd er t o pr e d i ct futu re cha n ges in CCS w ate r l eve l and sali ni ty , the a pp roach u s ed t o cal cu la t e C C S i n f1ows and ou t fl ow s was ch an g e d rel a tive t o tha t em pl oyed f or t h e hi st orical t ime f mme i n the f ollo w i n g m at mer. D u ring the 5 0-m on th h ist ori c al per i od (Se p te mbe r 2 010 th r ou gh Oc to ber TETRA TECH P ag e 3 2014 ), t h e calc ula t io n of w a ter and sa l t exch an ges be t ween the C CS an d t h e sur r ou n d in g e n vir o n me nt r elied o n m ea su re d C CS wa t e r l eve l s and sa lin ities. Beca u se f u t u re C C S conditions a rc u nkn own, pre d icted C CS inflo w s a nd o utflows are ca l c ula ted u s i ng simulated CCS wate r l ev el s a n d salini t ies. A s p reviou s ly m ent i one d , th e c ali bra t e d w a ter and sa lt b a la n ce m o d el s i m ul ates d ail y changes in CCS w a t e r lev el a nd sa li ni ty t h r ou g h O c tober 31, 2 014. As su c h, the predi c tive simu la t ion c om m enc e s on N o ve m b er 1, 2 0 14; t h is simu l at i on ext e nds over 2 yea r s thro u gh Nove m ber 30, 2 016. T h e in i tial pr e d i ct i ve wa te r levels t hrough out the CCS are b ased o n CCS wa t er leve l s obs e rved o n Oct o b e r 3 1, 2 0 14 and t he c h ange in water l evel due to t he b alance of w a ter flows c a l c ul a te d f or t ha t d ay. In o th e r wor d s, the simul a t ed N o vemb e r 1, 2014 wa t er levels t h r o ug h out t h e CC S are t he s um of t h e m easur e d CCS water levels o n Oc to ber 31 and t h e cal cul ated c hange in w ater lev el d u e to the c a lcul at ed CCS inflows and o ut fl ows f o r tha t day. Th e i ni tia l sa li ni t y con d i tio ns f o r the predi c tive m odel are ca l c u la t ed in an a n alogous m a nner; the sim ul ated sa lin ities thr ou gh o ut the CC S on November 1 arc the sum o f the average observe d CCS sali ni ti e s o n Octo b e r 31 a nd the cal cul at e d change in sali n ity d u e to t he b a la n ce of sa l t fl ows ca l culate d for tha t d ay. T h e d a il y exc ha nges o f wa t er a nd s alt between t h e C CS a nd t h e surroundi n g env ironme n t f or N o vem b er 1 a re de t ermi n ed usi n g the calculated initia l water levels a nd s a lin iti es t hrou g h out t he C C S. The bala n ce o f these flows i nfo rms the p redicted CCS wa t er leve l a n d sa lin i t y, respec ti ve l y , for the nex t day. T h e mode l co n t i nues ste p-wise calcu la tio n s of w a ter l evels a n d salin i ty in th is ma rut er th ro u gh o ut t h e p r edictive sim u lation. Predi c ti v e Scenar io s In o r d er to re p resent con d i tio ns o ut s id e of the C C S, ob se r ve d data from th e histori c al p er iod was r ep eat ed and a cte d as a s u rr o g a te f o r fu tu re hydrologic, w a ter and m eteorolog i cal c on d itio ns i n Biscay ne A q u if er, B i scayne Bay, n ear b y c an a ls, and t h e atm o sphe r e. Additiona ll y, t h e m o d el d oes not cu rr ent l y eva lu a te a CCS t h erma l balance, so CCS water t em p eratures observ ed d u r i ng the hi st o ric al pe rio d we r e employed to r e presen t fu t u re the r mal conditions.

Bec au s e external con di tio ns a nd , especia ll y, CCS wate r tem p eratures p l ay a large r ole in i n d ucing c h anges to CCS wa t er lev e ls an d sa li nity, two b aseline p r edictive s cenari o s we r e eval u a t ed; ea c h sce n a rio i s dis t inct in wh a t hist o ric al d ata were us ed t o re p resent f u ture c on ditio n s. P red ict i ve S c en a rio A a ss u mes fu ture c ondit io ns m i m ic t h ose o b s erved be t ween N o ve mb er 1, 20 10 a n d Oct ob e r 3 1 ,2 01 2. Conditi o ns d ur i ng th i s time frame reflected n ormal weather pattern s and we r e con du c i ve t o mo derat in g CCS sa li n it y. Pred i ctive Scenari o B assu m es fu ture c on d i tio n s m imic t h o se o bserved be t ween Nove m ber 1 , 20 1 3 and Oct o ber 3 1 , 2014, a t im e du ring wh ic h en v iro n me nt al c o nditions (e.g. p re cipi ta ti o n , C C S wate r temperatures) re fl ecte d dr y wea t her p a tt erns and pr o duc e d dr a m a tic i ncr e ases i n CCS sa lin ity. T hi s 1-ycar t i m efr a me w as re p eated t o pr odu ce a 2-year p red i ctive sim ul atio n. In b o th scena ri os, t he cond i t i on s ob s erved d u r i ng t he firs t N o v e m b e r (20 1 0, 20 1 3) were repeated to c re at e surr ogate c on d itio ns for the l a s t m onth (N o vem b er 20 1 6) o f t he 25-m o nth p redic t ive s i mulatio n. Pre d i c ted wa t er levels a n d sa li nities s imu la te d by Scenario A a re shown in Fig ur e 2; Sce n ario B predi c ti o n s are ill u s t r at ed i n Fig ure 3. Co m p ari s o n o f thes e fi gures reveals differe n ces in how t he CCS wou l d res p o nd to a ss umed fut ur e c o n di t ions. P re d i c t ed CCS s alin i ty gene ra lly d ec r e a ses o v er t h e ti me frame u nd er S cena ri o A, whe r eas CCS sa li nity gener a lly rises d uring the 2-yc ar pr ed ic t ive s imu l at i on u nd e r Sce n ari o B. T he reason f or t he d isp a rity be t wee n t hese t w o p r e di c t i ve s c en a ri o s with r espe c t to s im u l a ted sa li nity a n d water le vels is, as pre v io usl y TETRA TECH Pa g e 4 ment io ne d , the dif f er en t histo ri cally o bse rv e d external conditions and CCS water temperatmes a s s u med to persist over t h e next tw o yea rs; S ce na r io A assumes co n ditions consistent w i th t h ose o b s er ved between Novem b er 20 1 0 and Oct o be r 20 1 2, whereas Scenario B ass um es con d iti o ns c o nsistent with the Novembe r 20 1 3 th r ou g h O c tober 2014 timeframe occur r ing twice sequentially.

Betw e en N o vember 20 1 0 and O c t ob er 20 1 2, o bserved CCS salinities averaged 5 4.8 PS U and peaked at 68.2 PSU (at s ta ti on TPSWCCS-6).

Between November 2013 and Octobe r 2 01 4, salinity i n the CCS aver a ged 7 9.8 PS U and re a ched a pe a k of approximately 98.5 PSU (a t station TPSWCCS-4). Wat e r levels between N o vember 2010 an d Oc t ober 2012 were generally higher than those between Novem ber 2 0 13 and Oc t ober 2014. It is clear from this comparison tha t e n vironment a l co n ditions during the fi r st two year period were more effective at moderating CCS salinity th a n t hose cond i tions observed b e tween November 2013 and October 2014. Thus, co n str u ction a n d sim u lat i on of tw o predi c tive scenarios is predica t ed on two motivati o ns. First, p redicted CCS water levels and sali ni ty made with model Scenarios A and B will provide a range of anticipated condit i ons in t h e CCS in the near future. Pred i ctions ma d e with Scena r io A will reflect env i ronmental co n di t ions t hat a re c on duc i ve t o relatively low and stable salin i ties in the CCS, whe r eas pred i ctio n s made with Sce n ar io B will reflect the deleterious condi t ions t hat ca n coerce the CCS in to a n ew eq u ilibri u m wit h higher salinity and lower water levels. Second, the two pred i ctive scenari o s will help t o el u cid a te the relative effectiveness of L-31 E water a ddi t ions under different env i ronmental c o nd iti on s. Predictions with both scenarios will he l p to prov i de a realistic range of C C S salinity changes due to the proposed remedia l me a su r es. These sa linity r eductio n measu r es a n d their respect i ve outcomes are discussed below. Simulation of L-31E Watea* Determination of Available Water In or d er t o provide an estimate of p ot entially available water in L-31 E consistent w ith t h e two pred i ctive scenarios, daily co mbine d stormwa t er disc ha rge volumes through S-2 1 A, S-2 0 0, a n d S-20F in t o L-3 1 E were de t ermined for the historical pe r iods that inform bot h Scenario A (November 2010 through October 2 01 2) an d Scenar io B (November 2 0 13 through Octo b er 2014). The daily reservation flow vo l ume (254 cfs) was then subtracted from the combined daily d i scharge. The resu lt ing daily L-31 E fl ow volumes represent water that can potent i ally be ad d ed to the CCS as a sali n ity re d u ct ion me a su r e. On d a ys between J u ne 1 and November 30 where the reservation flow exceeded combined daily disch a rg e , it was assumed that no L-31 E water was a v a ilab le f o r alloca t i on to t he CCS. I n add i t i on t o us i ng his t orical L-31 E stormwater dischat*ge vo l umes, L-31 E salin i ties obser v ed d u ring the two historical ti m eframes were used to detine the assu m ed future sa lini ty of L-31 E w a ter ad ded t o t h e CCS. In or d e r to evaluate the effec t of adding t he excess L-31E stormwater water u n de r different ass u mptions of availability, feasibili t y, an d permitted allocations, three constraint criteria w e r e a p plied to the excess flow volu m es. T h es e addit ion al constraints defined a maxi m um d a ily volume of available L-31 E water tha t co u ld be allocated to the CCS; the three c o nstraint volumes evalua t e d a r e 30 M GD, 60 MOD, and 100 MGD. The 1 0 0 MOD constra i nt re fl ec t s a sit u ation i n which the vo l ume of L-31 E tha t can be allocated to the CCS is limited only by the with d rawal pump c a pac i ty. Of the th r ee fl ow constr a ints, the 100 MGD constra i nt results in the greatest vo l ume of water a dded t o the CCS f rom L-31 E. Excess daily storm water discharges to L-3 1 E for the tw o histor i cal p erio d s evaluate d , constrai n ed to a m aximum o f 100 MOD, arc plo t ted in TETRA TECH Pag e 5 Figure 4. Simulation Results The add i tio n of L"31 E fl ow v o lum es w e re m o d eled by the pred i ct i ve wa t er a nd s a lt b alan ce models (bot h Scenario A and Scen ari o B). The mode l ed actions c omprising t h e add ed water, and associated changes to s i mu l a t e d C CS conditi o ns, were represente d by in corp or a t i ng t he additional presc r ibed flow a nd a ssoc i ated m ass i n to the daily water and salt ba l ance equ at io ns , respective l y. These mo d e led act i ons c ha nged the simulated CCS water l e vels and s a lini t i e s from the base model results in Figure s 2 a n d 3. In general, simulated CCS water l evels i nc r eased and simulated CCS s alin ities d e cr eased r el a tive to the base case predictiv e s i m u latio n s. The simula t ed water lev e ls in e ac h of the three added water assumptions, as w ell as the s imula te d water levels for the base c ase, fo r pred i ctive Scenario A are plotted in Fig u re 5. T he w a te r l e v e ls associated with predic ti ve Sce nar io Bare plotted in Figure 6. Both fi gures de m ons tr a te t hat L-31 E water added to the C CS res ult s in a n increase in the CCS stage. Ta b le 1 provides t he a ver age CCS water levels o ver th e 25"m on th p r edictive timeframe for the base (n o act i on) c a se an d constrained L-31 E fl o w ass u mp tion s un der b oth average and dry envir o nme n tal co ndi tio ns. These result s show t h at the average CCS stage increases by a maximum o f0.22 feet and 0.18 feet for Scenarios A an d B, respec t ively (b o th for the 100 MOD maximum L-31 E a ll o ca t io n). Note that these ave r ages are taken o ver the entire 25-month period and deviati o ns i n stage relative to the base case are more pr o nounced between June I and November 30 when L-3 1 E water is permitted to b e added to the CCS, as evident in Figures 5 and 6. Table 1. 25-month averaged CCS w a ter levels under differ e nt assumptio n s of L-3 1 E add ition s (i n feet, NA V D 88) Envil'Onmental Base Case Maximum of Maximum of Maximum of Conditions (No Action) 30MGD 60MGD lOOMGD Scenario A -0.65 -0.57 -0.50 -0.43 (aver a ge) Scenario B -0.70 -0.63 -0.58 -0.5 2 (dry) Simul a ted CCS sa li niti e s in res po ns e to the ad d ed L-31 E wa t er, as we ll as the s i m u lated s a li n i t ie s for the base case, for pre di ct i ve Scenari o A are plotted in F i gure 7. T h e pre d icted sa lin i ti es f or Scenario B are plotte d in F igu re 8. Bo t h fi gures demonstrate t h at m ore L-31 E w a te r ad ded to th e CCS results in a gre ate r de c re a se i n s a lini t y. Table 2 provides t h e a verage CCS sa li nit i e s over t he 25-month predict i ve ti m efra me f o r th e bas e (no action) cas e and t h e const ra i ned L-31 E fl ow assumptions under bot h ave ra ge a nd d ry e nvironmental conditions.

T he g r eat e st decr ea se i n average salini ty o c curs whe n t h e L-31 E water added to the CCS is cons t rained onl y by t h e withdrawal pum p cap aci ty (m ax i m um of 100 MOD). In this remedia l c a se, t h e 25-m o nth aver age sa l inity reduces b y 2 8.7 PSU r e l ative t o the base case for Scenario A a n d b y 61 PSU r ela t iv e to the base c a se for Scenari o B. As in t h e case of additional stage, t h ese s ali niti e s are a ve rage d o ver the entire 25-mont h pr edic ti v e timefra m e. The impact of ad d ed water on s alini ty i s m os t TETRA TECH Pa g e 6 pronounced when the L-3 IE water is assumed t o be added to the CCS (between June 1 and November 30). Table 2. 25-month averaged CCS salinity under diff e r e nt assumptions of L-31 E additions (in PSU) E nvir-onmental Base Case Maximum of Maximum of Maximum of Conditions (No Action) 30MGD 60MGD 100 MGD r-------Scenario A 71.9 59.1 49.8 43.2 (average)

Scenario B 135.1 109.3 90.4 74.1 (dry) Summary -Thi s analysis evaluates the effectiveness ofL-3lE discharge-based salinity reduction measures for the Turkey Point CCS. The transient water and salt balan c e developed for the Uprate Project was used in a predictive, forward looking, sense. Each remedial measure was modeled using two different assumptions for future conditions. The two scenarios provide a bound on expected responses and show any differences in effectiveness that result from using different future background conditions.

Details regarding the recon fi g u rat i on of the model to simulate the two future conditions are presented in the memorandum.

This analysis suggests that the addition ofL-31E water to the CCS is an effective means of reducing CCS salinities over the predictive 2-year timeframe in light of both average and dry environmental conditions. One ofthe key reasons that L-31E water is so effective at ameliorating elevated CCS sa li nities is the fact that the addition of this water compensates for evaporative losses from the CCS. Because evaporation removes freshwater (and leaves suspended solids in the CCS), this outflow of water increases the salinity of the CCS. The addition of L-31 E water can help to replace freshwater lost to evaporation and keep salinity relatively low. This is particularly ttue during dry conditions where precipitation i s low and freshwater inflows are more critical.

The pronounced effect of L-31 E additions during dry conditions is illustrated in Figure 8 and Table 2. Refet*ences Ecology and Environment, 2014, Turkey Point Plan Com p rehensive Post-Uprate Monitoring Report: Unit 3 & 4 Uprate Project, Prepared for F l orida Power & Light, August 2014. TETRA TECH 2.5 Wa t e r E levatio n s !--c c 2 1.5 -';-----------------

--= Measu r ed Water Elevations I i (ij .... rtl s "' u !U 1 co 0.5 0 2 -0.5 1.5 130 120 --simulated Concentration (g/L) 1 0 " Measured Concentration (g/L} -1 ...,-;__ ___

_, 'liB 100 ->-90 s: 80 70 60 u 50 40 30 Page 7 Figure 1. Observed and simulated CCS water l evels (top) and sa l inity (bottom) produced by the 50-month calibrated balance model TETRA TECH Pa g eS 200 1 1 160 140 ______ __ => ; I . I I r : ______ L_ ____ 80 J . t------..L-...._

____ ...J......__

60 __ *I I 1 1 I I' I I -+-------+--

o Nov-14 Feb-15 May-15 Aug-15 Nov-15 Feb-16 May-16 Aug-16 Nov-16 II 1 I 1-0.5 II !" I 0 . Q) I -0.5 I J -1 __

' I -1.5 ______ _L ______ __j_ ______ Nov-14 Feb-15 May-15 Aug-15 Nov-15 Feb-16 May-16 Aug-16 Nov-16 Figure 2. Predict i ons of sa l inity (top) and water level (bottom) for model Scenario A TETRA TECH P a ge9 I I 200 I I 1 80 .M .i ,. .66 I I I' .r-f'fijir -ytr,. .. 1 6 0 t .... I / I ... \ 140 ::a I QD 1 20 ' r """ I -f I 'E I I I ! ii 80 I "' 6 0 I I 40 I I 20 I I 0 t i ' ' ' Nov-14 Feb-15 May-15 Aug-15 Nov-15 Feb-16 May-16 Aug-16 Nov-16 1 Feb-15 May-15 Aug-15 Nov-15 Feb-16 May-16 Aug-16 Nov-16 Figure 3. Predictions of salinity (top) and water level (bottom) for model Scenario B TETRA TECH Page 10 120 0 10 0 cu 2!l 80 -"' ..r: u VI 60 0 ..... .... 40 m ...:.. "' "' 20 cu u X ..... 0 120 c 100 Q.l 2!l 80 "' ..r: u VI 60 0 ..... .... 40 m ...:.. VI VI 20 Q.l u X w 0 Figure 4. Maximum allocatable L-3 IE stonnwater discharge for Scenario A (top) and Scenario B (bottom).

Note: The predictive simulation begins in November 2014, though the flow allocations are not assumed to co mm ence until June 2015. T ETRA TECH 1 0.5 1.5 .....,.------

1 Normal Weather Scenario -Nov. 2010 to Oct. 20121 --No Action ******Max 30 MGD -Max60MGD *--Max 100 MGD Feb-15 May-15 Fieb-16 Figure 5. Simulated CCS water levels for predictive Scenario A base case and the constrained L-31E allocations TETRA T ECH Pa g e II 1 0.5 co co 0 2 g QJ -' -0.5 ..... ro s 1.5 j oryWeatherScenario-Nov. 2013to Oct. 20141-------

--No Act i on ******Max 30 MGD -:-----! -Max 60 MGD --Max 100 MGD Feb-15 May-15 Feb-16 May-16 Figure 6. Simulated CCS water levels for predictive Scenario B base case and tho constrained L-31 E allocations T ETRA TECH Page 12 I Normal Weather Scenario-Nov. 2010 to Oct. 2012j ::: _L_I ______ _ 1 60 l_ --No Action ****** M a x30 MGD 140 I =Max60MGD r.__-_-:._-:__M_ax_l_O_O_M_G_D_, 120 .E" 100 c ro Vl 80 40 20 0 Nov-14 Feb-15 May-15 Aug-15 Nov-15 Feb-16 May-16 Aug-16 Figure 7. Simulated CCS salinities for predictive Scenario A base case and the constrained L-31E allocations TETRA TEC H P age 13 Nov-16 2 00 ) D ry Wea t her Scenario -Nov. 2013 t o O ct. 20 14j 18 0 , .*... Max 30 MGD 1 60 -Max 60 M G D 100 MGD 1 40 120 ::1 I / ..... I :::-100 -+* -------:;,.d<:;;::_ ___ s:: rc Vl 80 60 . * ... .... * -:_* ........... . . //'# rj-'. . . .... .. . ...... . ** ... ::

0 Feb-15 May-15 Aug-15 Nov-15 Feb-16 May-16 A u g-16 Nov-16 Pa g e 1 4 L Nov-14 Figure 8. Simulated CCS salinities for predictive Scenario B base case and the constra i ned L-31E a ll ocations T ETRA TEC H CERTIFICATION The work documented in this memorandum has been performed by or under the direct of the undersigned Florida Registered Professional Engineer.

Either I or engineering staff working under my supervision completed all work described herein and I have expertise in the discipline used in the production of this document.

This report has been prepared in accordance with commonly accepted procedures consistent with npplicuble standards of practice, and is not a guaranty or warmnty, either expressed or implied. Principal Engineer Registered Professional Enginee1*

Florida License No. 62133 Date: 3 I n lz 0 I 'S NOTICE OF RIGHTS As requ ir ed by Sections 120.569(1

), and 120.60(3), Fla. Stat., the following is notice of the opportunities wh i ch may be ava i la b le for adm i nistrative 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 lega l advice. Not all t h e legal proceedi n gs detailed below may be an appl i cable or app r opriate remedy. You may w i sh to consu lt an atto rn ey regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South F l orida Water Management District's (SFWMD or Distr i ct) action has the r i ght to request an administrative hearing on that action pursuant t o Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which does or may affect their substant i al interests shall file a petition for hearing w i t h the District Clerk within 21 days of r eceipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 1 4 days of t he notice of consolidated intent to grant or deny concurrently reviewed applications for env i ronmental resource permits and use of sovereign submerged lands pursuant to Sec ti on 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119( 1 ), F l a. Stat. " Rece i pt of wr i tten notice of agency decision" means rece i pt of either written notice through mail, e l ectronic mail, or posting that the SFWMD has or intends to take final agency action, or publ i cation of n otice t hat the SFWMD has or intends to take final agency act i on. Any person who r eceives w r itten notice of a SFWMD decis i on and fails to fil e a written request for hearing within the timeframe described above wa i ves the right to request a hearing on that decision.

F I LING INSTRUCTIONS The Petition must be filed with the Off i ce of the D i strict Clerk of the SFWMD. Filings with t h e District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted after October 1, 2014. A petition for administrative hear i ng or other document is deemed filed upon receipt during norma l b u siness hours by the Distric t C l erk at SFWMD headquarters in West Palm Beach, Florida. Any document rece i ved by the office of the Distr i ct Clerk after 5:00 p.m. sha ll be f il ed as of 8:00 a.m. on the next regular bus in ess day. Additional filing instructions are as follows:

Fi l ings by mail must be addressed to the O ffi ce of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416.

F i lings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An emp l oyee of t h e SFWMD's Clerk's office will receive and f i le the peti ti on. o F i l ings by e-m a il must be transmitted to the District Cle r k's Office at clerk@sfw md.go v. The fil ing date for a document transmitted by electron i c mail shall be the date the D i strict C l erk receives the complete document.

A party who f il es a document by e-mail sha l l (1) represent that the origina l p hysica ll y s i gned document wi ll be retained by that party for the duratio n of the proceeding and of a n y subsequent appea l or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible fo r any delay, d i sruption, or interruption of the e l ectron i c signals and accepts the full risk t h at the document may not be properly filed. Rev.05/01/14 EXHIBIT E INITIATION OF AN ADMINISTRATIVE HEARING Pursuant to Rules28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by wr i tten petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch wh i te paper. All pet i tions shall conta i n: 1. Identification of the act i on be i ng contested, including the pe r mit number, application number, SFWMD 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 decision. 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 d i sputed 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 act i on the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed act i on. 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 pr i or to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted 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 sha ll toll the running of the time period for filing a petition until the request is acted upon. If the SFWMD takes act i on with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an addit i onal 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 Sect i on 120.573, Fla. Stat., and Rules28-106.111 and 28-106.401-.405, Fla. Adm i n. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at th is t i me. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who i s adversely affected by fi nal SFWMD action may seek judicial review of the SFWMD's final decision by fil i ng 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 District Clerk within 30 days of rendering of the final SFWMD action. R e v.0 5/01/14 2 BEFORE THE GOVERNING BOARD OF THE I 0 201510: /IJ Ali SOUTH FLORIDA WATER MANAGEMENT DISTRICT ij \Gi SFWMD No. 2015-020-DAO-WU