STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

APPLICATION FOR MODIFICATION OF ) SUPPLEMENTAL POWER PLANT )

CERTIFICATION OF ORLANDO ) CASE NO. 92-6153EPP UTILITIES COMMISSION FOR )

CURTIS H. STANTON ENERGY CENTER ) PA 81-14C )

)

ORDER RELINQUISHING JURISDICTION AND CLOSING FILE

Pursuant to notice, a motion hearing was held before the undersigned on May 17, 1995, to consider the Motion to Relinquish Jurisdiction to the Department of Environmental Protection filed by ICP Associates on May 3, 1995. All parties to this proceeding joined in this motion except the Florida Audubon Society. On May 16, 1995, ICP Associates filed a Substitute Motion for Adoption of Proposed Recommended Order in which the May 3 Motion to Relinquish Jurisdiction was withdrawn; all parties to this proceeding joined in the substitute motion.

During the May 17 hearing, ICP Associates withdrew its Substitute Motion for Adoption of Proposed Recommended Order and made an ore tenus Motion to Relinquish Jurisdiction to the Governor and Cabinet sitting as the Siting Board, the agency with the authority to enter final orders in cases governed by the Florida Electrical Power Plant Siting Act, part II, chapter 403, Florida Statutes. All parties at the hearing joined in this ore tenus motion.

Appearances at the May 17 motion hearing were as follows:

Orlando Utilities C. Lawrence Keesey, Esquire Commission: YOUNG, VAN ASSENDERP & VARNADOE

225 South Adams Street, Suite 200 Post Office Box 1833

Tallahassee, Florida 32302-1833

ICP Associates: Thomas A. Cloud, Esquire

GRAY, HARRIS & ROBINSON, P.A.

201 East Pine Street, Suite 1200 Post Office Box 3068

Orlando, Florida 32802-3068

Department of Charles T. "Chip" Collette Environmental Assistant General Counsel Protection: 2600 Blair Stone Road

Tallahassee, Florida 32399

St. John's River Eric T. Olsen

Water Management Assistant General Counsel District: Post Office Box 1429

Palatka, Florida 32177-1429 (Via telephone)

Orange County: Paul H. Chipok

Assistant County Attorney

201 South Rosalind Avenue Post Office Box 1393 Orlando, Florida 32802-1393

East Central Florida Gerald S. Livingston, Esquire Regional Planning KREUTER & LIVINGSTON

Council: 800 North Magnolia Avenue, Suite 1625 Post Office Box 2151

Orlando, Florida 32802-2151 (Via telephone)

Florida Game & Preston T. Robertson, Esquire Fresh Water Fish Farris Bryant Building

Commission: 620 South Meridian Street, Room 108

Tallahassee, Florida 32399-1600

Florida Audubon Charles Lee

Society & Orange Senior Vice President Audubon Society: 460 Highway 435, Suite 200

Casselberry, Florida 32707

Neither the South Florida Water Management District nor the Florida Department of Community Affairs appeared at the hearing even though they are parties to this proceeding.

The record reveals that this case was commenced pursuant to section 403.516, Florida Statutes, with the October 5, 1992, filing by the Orlando Utilities Commission ("OUC") of a Petition for Modification of Site Certification for Public Roadway. The OUC sought modification of the supplemental certification and conditions of certification for the Curtis H. Stanton Energy Center, Unit 2 and associated facilities, which was approved in the Final Order entered by the Siting Board on December 17, 1991, in DOAH Case No. 91-1813EPP. The original site certification and conditions for certification of the Curtis H. Stanton Energy Center, Unit 1 and associated facilities, was approved by the Siting Board in a Certification Order entered December 14, 1982 in DOAH Case No. 81-1431.

By order of Hearing Officer Diane K. Kiesling, entered September 28, 1993, the formal hearing on the modification petition was scheduled for November 17- 19, 1993. This order also required publication of the required notices in the Florida Administrative Weekly by October 1, 1993, and in a newspaper of general circulation in Orange County by October 8, 1993. Notice was timely published in the Florida Administrative Weekly, but nothing of record shows that notice was published in a newspaper of general circulation.

There has been no formal hearing conducted in this case. The formal hearing scheduled for November 17-19, 1993, was ultimately cancelled and the case held in abeyance pursuant to an order entered by Hearing Officer Kiesling on October 15, 1993. In status reports filed periodically by the parties, it was represented that the parties were engaged in mediation. On May 3, 1995, the Stipulation of the Parties Concerning the Alafaya Trail Extension was filed by ICP Associates; a copy of the Stipulation is attached to this order as Exhibit

1. At the May 17, 1995, motion hearing, counsel for ICP Associates requested that a document identified as "ICP Agreement between OUC and ICP" and dated April 11, 1995, be transmitted to the Siting Board as an attachment to this

   order; it is attached hereto as Exhibit 2 On June 7, 1995, an Amended Notice of Filing Modification of Conditions of Certification was filed by the Department of Environmental Protection; a copy of the Amended Notice, with the conditions, is attached to this order as Exhibit 3.

   
   

   After careful consideration of the record in this case and of the arguments of counsel at the May 17 motion hearing, the ore tenus motion of ICP Associates that jurisdiction of this case be relinquished to the Siting Board is GRANTED. It is, therefore,

   
   

   ORDERED:

   
   

   1. Jurisdiction in this case is, at the parties' request, relinquished to the Governor and Cabinet, sitting as the Siting Board, for consideration of the agreements of the parties and for final disposition of this case, if the Siting Board deems it appropriate.

      
      

   2. Unless the Siting Board determines that a formal public hearing in this case should be conducted by the Division, and pending such a request, the file of the Division of Administrative Hearings is closed.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 8th day of June 1995.

PATRICIA HART MALONO

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of June 1995

COPIES FURNISHED:

Kenza Van Assenderp, Esquire

C. Laurence Keesey, Esquire

Young, Van Assenderp, Varnadoe & Benton, P.A.

P.O. Box 1833

Tallahassee, Florida 32302

Karen Brodeen, Esquire

FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS

2740 Centerview Drive

Tallahassee, Florida 32399-2100

Paul Chipok, Assistant County Attorney Orange County Administration Center Legal Department - Fifth Floor

201 South Rosalind Avenue Orlando, Florida 32801

Thomas A. Cloud, Esquire Gray, Harris & Robinson, P.A.

Suite 1200, 201 East Pine Street Post Office Box 3068

Orlando, Florida 32802-3068

Charles T. "Chip" Collette, Esquire

Florida Department of Environmental Protection 2600 Blair Stone Road

Tallahassee, Florida 32399-2400

Charles Lee, Senior Vice President Florida Audubon Society

Orange Audubon Society

460 Highway 435, Suite 200 Casselberry, Florida 32707

Antonette M. Leidy, Esquire

SOUTH FLORIDA WATER MANAGEMENT DIST.

3301 Gun Club Road Post Office Box 24680

West Palm Beach, Florida 33416-4680

Gerald S. Livingston, Esquire Kreuter & Livingston

Suite 1625

800 North Magnolia Avenue

P.O. Box 2151

Orlando, Florida 32802-2151

Eric Olsen

St. Johns River Water Management District

P.O. Box 1429

Palatka, Florida 32178-1429

Hamilton S. Oven, Jr.

Florida Department of Environmental Protection 2600 Blair Stone Road

Tallahassee, Florida 32399

Preston T. Robertson Brad Hartman

Florida Game & Fresh Water Fish Commission 620 South Meridian Street

Tallahassee, Florida 32399-1600

Exhibit 1

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE; APPLICATION FOR SUPPLEMENTAL ) CERTIFICATION OF ORLANDO ) UTILITIES COMMISSION, ET AL., )

FOR CURTIS H. STANTON ENERGY ) CASE NO. 92-6153EPP CENTER UNIT 2 PA81-14C )

)

STIPULATION OF THE PARTIES CONCERNING THE ALAFAYA TRAIL EXTENSION

The parties to this proceeding consisting of (1) Orlando Utilities Commission ("OUC"), (2) various agencies of the State of Florida, including specifically the Florida Department of Environmental Protection ("FDEP"), the St. Johns River Water Management District ("SJRWMD"), the South Florida Water Management District ("SFWMD"), the Florida Game and Fresh Water Fish Commission ("GFC"), the Florida Department of Community Affairs ("FDCA"), the Florida Department of Transportation ("FDOT"), and the East Central Florida Regional Planning Council ("ECFRPC")(collectively referred to as the "State Agencies"),

1. the Florida Audubon Society and Orange Audubon Society (collectively referred to as "Audubon"), (4) Orange County, Florida, a political subdivision of the State of Florida ("County"), ICP Associates ("ICP"), and Lake Nona Corporation ("Lake Nona") by and through their undersigned representatives and counsel do hereby enter into this Stipulation to settle issues so as to permit the construction of the Alafaya Trail Extension as follows:

   
   

   1. Issuance of Siting Board Certification Modification Order. All parties agree and stipulate to recommend to the Governor and Cabinet sitting as the Board (as defined in s403.503(6), F.S.) that modification of the certification be granted to permit the issuance of an order by the Board (the "Board Order" or "Order") granting a Modification of Certification to permit the construction of the Alafaya Trail Extension beginning at the new "T" intersection on the Curtis

      H. Stanton Energy Center Site (the "Site") south to the existing State Road No.

      528 interchange located at the ICP Development of Regional Impact upon an alignment as described in Exhibit "A" attached to and incorporated in this Stipulation. This Order will grant conceptual authorization for construction on the Stanton Site of a 4-lane highway in phases; provided, however, that the mitigation provided under this Stipulation mitigates for the impacts of the first two-lanes only and the second two-lanes are conceptually approved only. All parties agree to take all actions necessary to cause the Board to approve and accept this Stipulation and incorporate this Stipulation in said Order subject to conditions as outlined in this Stipulation. Furthermore, all parties agree to support and issue any needed letters, approvals, permits, or any other documents determined necessary to permit construction of the Alafaya Trail Extension along the alignment described on Exhibit "A" hereof. Upon (1) an Order which does not contain any language or condition that requires any additional environmental, wetland, or wildlife mitigation beyond that proposed in the October 5, 1992 Petition and Request for Modification of Certification filed by OUC to mitigate for the impacts of the first two lanes only becoming final and non-appealable, (2) issuance of all said letters, approvals, permits,

      and documents, and (3) issuance of necessary federal approvals to permit construction of the Alafaya Trail Extension, then ICP agrees not to seek construction of the Alafaya Trail Extension along any alignment other than that set forth in Exhibit "A" hereof, and agrees to release the easement currently held by ICP for the eastern alignment.

      
      

   2. Conditions to Board Order. With respect to the construction of the Alafaya Trail extension, all parties further agree and stipulate to recommend approval of conditions to be included in the Order to implement the following agreements:

      
      

      1. The northern terminus of the Alafaya Trail Extension to will be constructed as a "T" intersection to the existing Alafaya Trail.

         
         

      2. FDEP agrees, assuming compliance by the County with applicable statutes and permitting conditions in the construction and operation of the landfill cells located along the easterly boundary of its landfill property, that the "screening" required under Fla. Admin. Code Rule 62-701.340(4)(d) is not practical. All parties agree, however, that planting trees along both sides of the right-of-way paralleling the eastern boundary of the County landfill and the western boundary of OUC's landfill operation would be an aesthetic benefit to the project. ICP agrees to undertake such planting in the course of construction of the roadway utilizing a portion of the pine seedlings set aside for red-cockaded woodpecker mitigation.

         
         

      3. FDEP understands and agrees that the County landfill monitoring wells and OUC's monitoring wells in the area of its combustion waste storage area may record the presence of contaminants in groundwater which could emanate from the new roadway (for example, accidental spills, "midnight dumping," or normal runoff from the highway surface). Accordingly, FDEP expressly agrees that in the event the County or OUC's landfill monitoring wells detect contaminants, FDEP will:

         
         

         1. refrain from operating under the presumption that such contaminants emanated from the County landfill or OUC's combustion waste storage area and await the outcome of an appropriate investigation and assessment to make that determination;

         2. refrain from delaying or disapproving the processing or issuance of any pending County landfill permits or permit renewals until such time as the source is finally determined; and

         3. refrain from any enforcement action affecting OUC's construction activities or electric power generation or transmission operations that are otherwise in compliance with its certification pursuant to the Power Plant Siting Act until such time as the source is finally determined.

            
            

            In return, the County and OUC commit to promptly report to the FDEP Central District Office any catastrophic event or occurrence on the roadway of which OUC or the County become aware which could potentially cause groundwater contaminants to be detected in their respective monitoring wells, and the County further commits to promptly undertake an investigation and assessment of any groundwater contaminants discovered in its monitoring wells to determine their

            source and report such findings to FDEP. OUC further commits to promptly undertake an investigation of any groundwater contaminants discovered through routine groundwater monitoring to determine their source and report such findings to the FDEP. OUC shall be required to carry out an assessment of groundwater contaminants discovered in its monitoring wells through routine groundwater monitoring only when such contaminants are reasonably expected to result from operation of the combustion waste storage area.

            
            

      4. All parties agree that the County will require reasonable access to its 24-inch diameter water and wastewater pipelines, which are located in two (2) twenty-foot wide easements placed along the former alignment for the roadway on the eastern side of OUC's property capable of accommodating heavy types of equipment necessary to repair, replace, and maintain the pipelines. The parties agree and stipulate to the construction of a twenty-foot wide unpaved at-grade access corridor as generally outlined on Exhibit "B" attached to and incorporated in this Stipulation and OUC hereby agrees to grant an easement to the County sufficient to operate, maintain, repair, and replace the pipelines, including rights of reasonable ingress and egress. The use of this unpaved at- grade access corridor will be restricted to the official vehicles of OUC, the County, other utility providers having a recorded easement as of the date of execution of this Stipulation and their contractors for the inspection, maintenance, repair, replacement, or reconstruction of the utility, water, and wastewater lines. All other users and uses of this unpaved at-grade access corridor shall be blocked by secure locked steel gates at both its northern and southern terminus points. The County's unpaved at-grade access corridor shall be constructed so as to not impact the current or future operations of OUC for the generation or transmission of electric power and shall not adversely affect previously approved mitigation sites and mitigation plans being implemented by OUC or ICP. All parties further agree that the upland portions of the existing water and wastewater easements may require action to control excessive vegetative growth over the unpaved at-grade access corridor and the two twenty- foot wide water and wastewater easements.

         
         

      5. As a part of the project design and construction costs for the Alafaya Trail Extension, ICP will include a scope of work for the utility pipeline access referred to in subparagraph (4) above as an alternate advertisement in its request for bid proposals. Orange County agrees to pay the total cost of the design and construction of the utility pipeline access up to the maximum amount of $125,000, and ICP will control the scope of the design and construction of the utility pipeline access consistent with Exhibit "B" hereof and subparagraph 2(4) hereof.

         
         

      6. The western alignment of the Alafaya Trail Extension agreed to by the Parties pursuant to this Stipulation will displace, and require the relocation of, 44 acres of OUC's combustion waste storage area located on the western side of the Stanton Energy Center pursuant to the original certification and supplemental certification of Stanton Unit 2, granted by the Siting Board pursuant to the Power Plant Siting Act. All parties agree and stipulate to recommend that the Board's order shall also approve as a minor modification and permit the relocation of 44 acres of OUC's combustion waste storage area and several monitoring wells in the southwest corner of the site. The recommendations shall not require OUC to provide any additional mitigation and OUC shall not be required to obtain any other agency authorization or approval for the relocation of the 44 acres of combustion waste storage area and monitoring wells, beyond post-certification review of any final detailed construction plans for the relocated combustion waste storage area.

      7. The road surface storm water outflow shall be from west to the east and any approved point of discharge shall discharge off-site of the Curt Stanton Energy Center site.

         
         

      8. ICP shall release its easement granted by ICP, Inc. for the construction of the eastern alignment of Alafaya Trail Extension between the southern boundary of the Power Plant Site and the Bee Line Expressway.

         
         

      9. ICP shall relocate any gopher tortoises found within the Alafaya Trail Extension segment located on the previously certified Curt Stanton Energy Center site to approved areas within the Curt Stanton Energy Center site in accordance with and subject to the reasonable approval of GFC, and ICP shall relocate any gopher tortoises found within the Alafaya Trail extension segment south of the previously certified Curt Stanton Energy Center site to other areas in accordance with and subject to the reasonable approval of GFC.

         
         

      10. Construction of the second two (2) lanes of the Alafaya Trail Extension shall be approved only upon a demonstration that such construction meets all applicable agency requirements including, but not limited to, mitigation requirements as necessary to offset impacts to wetlands and the Econlockhatchee River Riparian Habitat Protection Zone as defined in Chapter 40C-41, F.M.C.

      
      

   3. Post Certification Review. To accomplish the construction contemplated by this Stipulation, all parties agree that OUC shall file all information necessary for post certification review of the Alafaya Trail Extension project consistent with the terms and conditions of the Siting Board Order. So long as this submission is consistent with the terms and conditions of the Siting Board Order each and every party hereto agrees it shall not file or cause to be filed any petition, challenge, or pleading (administrative or judicial) which opposes or in any way delays review of the post-certification submittal. Furthermore, each and every party agrees to support said post-certification submittal so long as it is consistent with the Siting Board Order. All parties agree that the impacts of the first two (2) lanes of the Alafaya Trail Extension alignment set forth on Exhibit "A" are deemed comparable to and do not exceed the impacts of the eastern alignment previously sought for the Alafaya Trail Extension. The impact comparison chart is attached to and incorporated in this Stipulation as Exhibit "C" hereof. The parties agree that the modification of the road from the east to the west alignment set forth on Exhibit "A," along with OUC's commitment to manage the eastern area as specified in the Stipulation of the Parties Concerning the Red-Cockaded Woodpecker Management Plan, as filed in DOAH Case No. 91-1813 EPP, shall be considered part of the mitigation for the Riparian Habitat Protection Zone and wetland impacts resulting from the western alignment and the Combustion Waste Storage Area relocation. All parties agree to support the use of previously submitted mitigation plans proposed in the October 5, 1992 Petition and Request for Modification of Certification filed by OUC for red cockaded woodpeckers and wetlands for all impacts of the first two

      1. lanes of the Alafaya Trail Extension alignment set forth on Exhibit "A" hereof. The parties agree that any necessary wetland mitigation for the second two (2) lanes of the Alafaya Trail Extension shall:

         
         

         1. be handled b the later filing of a post certification submittal with FDEP, SJRWMD, and GFC for review and approval thereof, and

            
            

         2. consider the use of mitigation which benefits red-cockaded woodpecker management or habitat on lands in east Orange County or Riparian Habitat Protection Zone and wetland habitat for the Econlockhatchee River. Finally, all

      parties agree to support and not oppose in the same degree and manner outlined above the issuance or approval of any necessary federal agency permit including but not limited to a U.S. Army Corps of Engineers permit to permit construction and relocation of a portion of OUC's combustion waste storage area and the construction of the Alafaya Trail Extension alignment set forth on Exhibit "A" hereof.

      
      

   4. Monetary Mitigation Option. The parties agree that in lieu of the mitigation plan approved for the wetland impacts of the initial two (2) lanes of Alafaya Trail, ICP shall have the option up to thirty (30) days prior to the commencement of construction to place the 37 ac mitigation area under a conservation easement to FDEP and contribute the sum of FOUR HUNDRED THIRTY THOUSAND DOLLARS ($430,000.00) to be used toward the purchase of lands for mitigation deemed acceptable by SJRWMD to be conveyed to SJRWMD. Said option shall be exercisable if and only if approval or concurrence is obtained from the

      U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the U.S. Environmental Protection Agency, and the SJRWMD.

      
      

   5. Grant of Necessary Rights-of-way and Easements. Prior to entry of the said Siting Board Order, OUC, ICP and the County agree to execute a substitute right-of-way for all prior right-of-way and easements previously granted for the Alafaya Trail Extension and the water and wastewater pipeline that accomplishes the following items:

      
      

      1. Grants a permanent utility easement to the County for the operation, inspection, maintenance, repair, rehabilitation, reconstruction, and replacement of the water and wastewater pipelines, together with the right to construct adequate access as previously set forth in this Stipulation,

         
         

      2. Grants a temporary construction easement to ICP for the construction of the Alafaya Trail Extension upon the alignment set forth in Exhibit "A" hereof, including but not limited to any lands owned or controlled by the County, and,

         
         

      3. Provides for the conveyance of a permanent right-of-way by OUC and ICP over lands owned by either of them to the County for the Alafaya Trail Extension as depicted on Exhibit "A" hereof. The parties agree that under no circumstances shall any party be required to condemn lands for said right-of- way.

      
      

   6. Determination and Approval of Non-Substantial Changes to ICP Development of Regional Impact and Planned Development. All parties hereby agree that the changes described in the letter and attachments attached to and incorporated in this Stipulation as Exhibit "D," and other changes that are determined by the County and FDCA to be directly and solely related to and necessitated by the realignment of the Alafaya Trail Extension, and the realignment itself are hereby determined and shall be approved as both a non- substantial change under s380.06(19), Fla. Stat., and a non-substantial change under Orange County's Planned Development District requirements as set forth in the Orange County Code. The County and FDCA agree by execution of this Stipulation to grant such determinations and approvals, subject to reasonable conditions not inconsistent with this Stipulation and agree that they will accomplish such proceedings as are required by law. As to any other changes that may relate to the realignment of the Alafaya Trail Extension, they shall be processed as provided by law.

      
      

   7. SJRWMD Review and Recommendations. Upon execution of and acceptance of this Stipulation, but in no event later than the entry of the Siting Board

      Order, OUC and ICP shall submit to the SJRWMD data and analysis demonstrating that construction of the first two (2) lanes of the Alafaya Trail Extension complies with SJRWMD requirements. Notwithstanding anything to the contrary contained in said requirements, no additional mitigation beyond that proposed in the October 5, 1992 Petition and Request shall be required by SJRWMD for the first two (2) lanes of the Alafaya Trail Extension. Prior to entry of the Order, SJRWMD shall render its recommendations to FDEP for inclusion into the Order. All parties agree that the four (4) SJRWMD permits previously issued for the Alafaya Trail Extension shall expire upon issuance of the Order by the Siting Board and receipt of the United States Army Corps of Engineers dredge and fill permit, whichever last occurs. The SJRWMD recommendations to FDEP shall contain such conditions from said permits as SJRWMD determines are necessary to authorize construction of the Alafaya Trail Extension consistent with this Stipulation. Said permits are listed on Exhibit "E" attached to and incorporated in this Stipulation. Notwithstanding any other provision of this Stipulation, the SJRWMD shall not be required to advocate the Alafaya Trail Extension, as set forth in Exhibit "A" attached hereto, the County access to the water and wastewater pipelines, or the combustion waste storage area relocation, before any other federal, state, or local agency or government except that by signing this Stipulation, the SJRWMD agrees that the Division of Administrative Hearings case number 92-6153EPP is resolved, and the Siting Board Order may be issued, pursuant to the terms of this Stipulation.

      
      

   8. Final County Approval of Construction Plans. This Stipulation contemplates and all parties agree that the Order shall include a condition providing for the County's final approval of construction plans for the construction of the Alafaya Trail Extension consistent with the terms and conditions of this Stipulation and the Order.

      
      

   9. Counterpart Originals. This Stipulation may be executed in a number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes and all such counterparts shall, collectively, constitute one agreement, but, in making proof of this Stipulation, it shall not be necessary to produce or account for more than one such counterpart.

      
      

   10. Binding Effect. All parties stipulate, warranty, and agree that this Stipulation is binding upon heirs, successors, and/or assigns of the parties hereto.

       
       

   11. Stipulation Condition of Order. This Stipulation shall be incorporated as an attachment to the Order to be issued by the Board.

       
       

   12. Enforcement of a Stipulation. Any party to this Stipulation shall be able to seek specific performance of its terms by suit in the Circuit Court of the Second Judicial Circuit of Florida, or enforcement proceedings for the FDEP.

       
       

   13. No Waiver of Rights. The parties, by entering into this Stipulation and settlement of this matter, do not waive any rights they may have as a matter of law and do not waive the ability to raise collateral issues in the appropriate form(s), that are not specifically addressed herein. Nothing in this Stipulation and settlement of this matter shall act to limit the future lawful exercise by the FDEP or the County of its police powers, eminent domain powers, or other governmental powers.

IN WITNESS WHEREOF, the parties hereto have caused this Stipulation to be executed by the undersigned officials as duly authorized. This Stipulation shall be recorded in the Public Records of Orange, Florida.

Signed, sealed and delivered ORLANDO UTILITIES COMMISSION in the presence of:

By:

Linda S. Schwab Robert C. Haven, General Manager

Attest: Sue Ann Mansingh Betty J. Perrow

ASSISTANT SECRETARY

Executed subject to ratification by the Orlando Utilities Commission at its April 11, 1995, meeting.

STATE OF FLORIDA COUNTY OF ORANGE

The foregoing instrument was acknowledged before me this 6th day of April, 1995, by ROBERT C. HAVEN, General Manager, Orlando Utilities Commission, on behalf of OUC. He is (personally known to me).

Sharon L. Knudsen Notary Public

My Commission Expires:

Approved as to form COMMISSION # CC445129

and legal sufficiency: EXPIRES March 14, 1999

Thomas B. Tart, Esquire Dated: 4/11/94

ORANGE COUNTY, a political subdivision of the State of Florida

Linda Chapin, County Chairman

STATE OF FLORIDA COUNTY OF ORANGE

The foregoing instrument was acknowledged before me this 27th day of March, 1995, by Bob Fragmm, for County Chairman, Orange County Board of County Commissioners, on behalf of Orange County. He is (personally known to me) as identification.

For use and reliance by Orange County only. Approved as to Form.

GWENDDLYN EDNA SASSER NOTARY PUBLIC

MY COMMISSION EXPIRES JUNE 1, 1996.

Paul H. Chipok, Asst. County Attorney

Dated: March 24, 1995

CITY OF ORLANDO, FLORIDA

Attest:

Betty T. Wyman Mayor Pro Tem

Grace A. Chewning, City Clerk

(SEAL) APPROVED AS TO FORM AND

LEGALITY for the use and reliance of the City of Orlando, Florida only.

April 14, 1995. Richard D. Oldham III

Chief Asst. City Attorney Orlando, Florida

STATE OF FLORIDA COUNTY OF ORANGE

PERSONALLY APPEARED before me, the undersigned authority, Betty T. Wyman and Grace A. Chewning, personally known to me, and known by me to be the MAYER PRO TEM and City Clerk, respectively, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Orlando, Florida, as its true act and deed, and that they were duly authorized to do so.

WITNESS my hand and official seal this 18th day of April 1995.

Fay W. Craig NOTARY PUBLIC

Print Name: Fay W. Craig

My Commission Expires 10/17/97

Signed, sealed and delivered FLORIDA DEPARTMENT OF

in the presence of: ENVIRONMENTAL PROTECTION, an agency of the State of Florida

(unsigned) By: Richard T. Donelan Assistant General Counsel

STATE OF FLORIDA COUNTY OF LEON

The foregoing document was acknowledged before me this 24th day of March, 1995, by Richard T. Donelan, Esquire, who, personally appeared before me and who is personally known to me and who did (did not) take an oath.

Iris A. Littleton Notary Public

Signed, sealed and delivered FLORIDA DEPARTMENT OF

in the presence of: COMMUNITY AFFAIRS, an agency of the State of Florida

Paul Darst By: Charles Pattison, Director Division of Resource

Planning and Management

Brigette A. Ffolkes

Attest:

(unsigned)

STATE OF FLORIDA COUNTY OF LEON

The foregoing instrument was acknowledged before me this 24th day of March, 1995, by CHARLES PATTISON, Director, Division of Resource Planning and Management, Florida Department of Community Affairs, on behalf of FDCA he is (personally known to me) as identification.

Jane R. Bass Notary Public

My Commission Expires 06/24/96

Approved as to form and legal sufficiency:

Brigettte Ffolkes Asst. General Counsel Dated:3/24/95*

* NOTE: The remaining pages of this Stipulation, including maps, are not a part of this ACCESS document but are available for review in the Division's Clerk's Office.

Exhibit 2 ICP ASSOCIATES

Post Office Box 560279

Orlando, Florida 32856-0279

April 11, 1995

C. Laurence Keesey, Esquire

225 S. Adams Street, Suite 200 Post Office Box 1833 Tallahassee, Florida 32302-1833

Re: ICP Agreement between OUC and ICP Dear Mr. Keesey:

I am in receipt of a copy of the third version of your letter to Tom Cloud, dated April 4, 1995. ICP Associates is in agreement with the two principles you have stated as underlying OUC's commitment to support a western alignment of the Alafaya Trail across the Stanton site as follows:

1. that the alignment of the Alafaya

   Trail should not interfere with OUC's existing or future construction and operations for the generation and transmission of electrical power, and

2. that OUC shall not be required to

   pay any amount of the costs, fees, or expenses related to the realignment across the Stanton Energy site.

   
   

   As per your request to receive written confirmation and acknowledgement from the owner of the land on which the ICP development will be located, ICP Associates is the sole owner of the land in question. Therefore, ICP Associates is acceding to OUC's request that ICP formally acknowledge, accept and enter into a mutual agreement with OUC as follows:

   
   

   1. ICP agrees that it or any successor

      in interest to it shall be responsible for and shall pay in full the legal, design and construction costs, expenses and fees that

      are incurred by OUC in connection with the relocation of the Alafaya Trail along the northern and western boundaries of the Stanton Energy Center site; provided, however, that such costs, expenses, and fees shall be related to actions initiated by ICP (such as a post-certification review), shall be reasonable, and shall be approved in advance by ICP. Such costs, expenses, and fees specifically may include, but are not limited to, all engineering and costs associated with permitting and relocation of approximately 44- acres of OUC's certified combustion waste storage area and relocation of monitoring wells, located on the western side of the Stanton Energy Center which must be relocated because of the western alignment of the Alafaya Trail. Such costs, fees and expenses may also include, but are not limited to, those connected with providing drainage and any mitigation for impacts to wetlands, RHPZ, Red Cockaded Woodpecker habitat, relocation of gopher tortoises, and any other costs resulting from meeting the requirements of the Stipulation of the Parties Concerning the Alafaya Trail Extension in Case No. 92-6 153- EPP, plus the costs of any additional state, local or federal regulatory agency permitting requirements directly related to work contemplated by said Stipulation.

      
      

   2. All reasonable attorneys' fees and costs incurred by OUC after March 1, 1995,

      directly related to the representation of OUC with regard to the negotiation of the Stipulation of the Parties Concerning the Alafaya Trail Extension in Case No. 92-6 153- EPP, shall also be paid by ICP or its successor in interest within 45-days after they are submitted to ICP. Reimbursement of legal fees described herein shall end with the

      filing of the Stipulation, provided, however, that this does not limit the fees reimbursed under paragraph (1) above, which shall include post-certification review.

      
      

   3. ICP acknowledges its commitment,

      which shall be binding on any successor in interest, to provide a pipe chase under the Alafaya Trail extension for conveyance of refuse-generated fuel between the Orange County landfill and the Stanton Energy Center.

      
      

   4. ICP further agrees and commits that

      it or any successor in interest, except an electric power cogeneration plant, shall be bound to purchase all electrical power required for or utilized by any development located within the boundaries of the ICP Development of Regional Impact ("DRI") approved by Orange County in 1986 pursuant to Section 380.06, Florida Statutes, so long as such development area is within the territory within which OUC is authorized to provide electrical service pursuant to a Territorial Agreement approved by the Florida Public Service Commission and so long as the power is provided to ICP by OUC as the lowest cost and rate then available to any similarly sized industrial customer class at OUC. Nothing in this paragraph shall be interpreted to limit or prevent the location of an electric cogeneration plant within the boundaries of the ICP DRI. However, any excess electric power produced by any such electric cogeneration plant shall not be sold to any customer within the boundary of the ICP DRI.

      
      

   5. In the event ICP does not initiate a post-certification review and/or does not commence constructing Alafaya Trail within five (5) years from the date of this letter, then the commitments contained in paragraphs (1), (2) and (3) above shall become null and void.

I trust this addresses your concerns, and that this mutually binding letter will be approved and accepted by OUC as a part of our mutual agreements with regard to the Stipulation.

Subject to the above terms and conditions, I, Mark B. Cohen, President of ICPl, Tnc., the managing general partner of ICP Associates, a Florida general partnership, do hereby acknowledge and agree on behalf of ICP to the terms and conditions of the agreement with OUC as stated in this letter so long as said terms and conditions are binding on OUC, and further agree that ICP shall make these terms and conditions binding upon its successor in interests after the date of this letter to property within the ICP DRI approved by Orange County in 1986. I acknowledge that this agreement shall be admissible in any legal or

administrative proceeding that may be brought to enforce the terms and conditions stated in this letter by either ICP or OUC or their respective successors and assigns.

ICP ASSOCIATES, a Florida Signed, sealed and delivered general partnership

in the presence of:

By: ICPI, INC.,

managing general partner of ICP Associates

x:Dorothy Edwards By:

Mark B. Cohen President

[CORPORATE SEAL]

STATE OF NEW YORK COUNTY OF NEW YORK

The foregoing instrument was acknowledged before me this 11th day of April, 1995, by MARK B. COHEN, president on behalf of ICP Associates. He is (personally known to me) (or has produced) (type of identification) as identification.

Cynthia L Perez (Print Name) Notary public

My Commission Expires: CYNTHIA L. PEREZ

Notary Public, State of New York No. 314972096

Qualified in New York County Commission Expires Sept. 17, 1996

Exhibit 3 STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

UTILITIES COMMISSION FOR CURTIS )

H. STANTON ENERGY CENTER )

PA 81-14C )

)

AMENDED NOTICE OF FILING MODIFICATION OF CONDITIONS OF CERTIFICATION

All parties please take notice that the Department of Environmental Protection files the attached Modification of Conditions of Certification in the above-styled case, as have been agreed upon.

Respectfully submitted,

CHARLES T. "CHIP" COLLETTE

Assistant General Counsel Florida Department of Environmental Protection 2600 Blair Stone Road, MS 35

Tallahassee, Florida 32399-2400

(904) 488-9314

Attorney for the Department of Environmental Protection

CERTIFICATE OF SERVICE

I HEREBY CERTIFY this 7th day of June, 1995, that a true and correct copy of the foregoing has been sent by U.S. Mail to the following listed persons:

Thomas B. Tart, Esquire Gerald S. Livingston, Esquire General Counsel Kreuter & Livingston

Orlando Utilities Commission 800 N. Magnolia Ave., Suite 1625

500 South Orange Avenue Orlando, Florida 32803 Orlando, Florida 32801

Paul H. Chipok, Esquire

Kenza Van Assenderp, Esquire Orange County Administration Ctr

C. Lawrence Keesey, Esquire Post Office Box 1393

Young, Van Assenderp, Varnadoe Orlando, Florida 32802-1393 & Benton, P.A.

P.O. Box 1833

Tallahassee, Florida 3302

Preston T. Robertson, Esquire Florida Game and Fresh Water Fish Commission

620 Meridian Street

Tallahassee, Florida 32399-1600

Brigette Fflokes Assistant General Counsel

Department of Community Affairs 2740 Centerview Drive

Tallahassee, Florida 32399-2100

Wayne Flowers, Esquire Charles T. "Chip" Collette Eric Olsen, Esquire

General Counsel

St. Johns River Water Management District

P.O. Box 1429

Palatka, Florida 32178-1429

Toni Leidy, Esquire General Counsel

South Florida Water Management District

P.O. Box 24680

West Palm Beach, Florida 33416-4680

Charles Lee

Florida Audubon Society

460 Highway 436 Ste 200 Casselberry, Florida 32707

1. The following changes should be made to the conditions in Section II/II of the supplemental certification conditions (PA81-14SA).

   
   

   1. The proposed transmission line from the Stanton Energy Center to the Mud Lake transmission line and the proposed alternate access road to the Stanton Energy Center from the south shall be routed as shown in the supplemental application. The proposed Alafaya Trail Extension shall be routed as shown in Exhibit A of the stipulation. Prior to construction of any of the projects referenced above, the permittee shall submit drawings on 8.5" by 11" paper showing the final design, including plan view and cross-sections for each area of filling or clearing in wetlands. The drawings shall show the existing and proposed ground elevations and all existing and proposed structure locations, sizes and invert elevations.

      
      

   2. All clearing and construction activities shall be confined to the limits of the clear zone necessary for the transmission line as shown on Figures 6.1-5 and 6.1-6 of the application drawings. For the Alafaya Trail Extension, all work shall be confined to the road right-of-way (which term is deemed to include the stormwater ponds numbers 1 through 6 and the pond 4 outfall structure as shown in Exhibit "A" of the stipulation) and the combustion waste storage relocation area. Within 30 days of the completion of construction, the permittee shall arrange a site visit by DER District personnel from the Central Florida District office in Orlando to verify that no wet land damage has occurred outside the transmission line clear zone or the road right-of way. If wetland damage occurs outside the transmission line clear zone or the road

      right-of-way during construction, the permittee shall submit to the Bureau of Wet land Resource Management for review a plan to restore the wet land area which was damaged and to provide mitigation for the damage. The plan shall be implemented with 30 days of the Department approving the restoration and mitigation plan. This condition does not preclude the Department from taking enforcement action if unauthorized activities occur.

      
      

   3. Prior to initiating construction, the permittee shall submit a map and aerial photographs showing the location of all staging areas for the Alafaya Trail Extension, transmission line and alternate access road construction to the

      Bureau of Wet land Resource Management for review and written approval. These areas shall be upland areas which are not currently providing red-cockaded woodpecker nesting or forage habitat. The staging areas shall not be used prior to receiving DER approval.

      
      

   4. Drainage structures shall be placed in the transmission line ROW and under the alternate access road at the same locations where drainage structures currently exist under the CSX Railroad berm. For the portion of the Alafaya Trail Extension that parallels the railroad berm, drainage structures shall be placed under the road at the same location where drainage structures currently exist under the berm. The drainage structures shall be the same type structure (bridge, RCP or box culvert) and the same size or larger than the corresponding drainage structure currently existing in the CSX Railroad berm.

      
      

2. The following conditions should be added to Section II/II:

   
   

   1. Mitigation for the impacts of the first two lanes of the proposed four- lane road shall be accomplished through the implementation of one of the following two options:

      
      

      1. the 37.31 ac. wetland creation and upland enhancement plan proposed in the original October 5, 1992, Reguest to Modify the certification and subsequently modified in a May 5, 1993, submittal to SJRWMD, which is attached hereto.

      2. upon approval by ACOE, USFWS EPA, and SJRWMD the 37.31 ac. mitigation area shall be placed under a conservation easement to the Department and $430,000 shall be contributed toward the purchase of lands deemed acceptable for mitigation by SJRWMD with an effort towards locating such mitigation parcel(s) within Orange County, if feasible. The land purchased with the money would be conveyed to SJRWMD. This option may be exercised up to 30 days prior to the commencement of construction of the roadway.

         
         

   2. The final two lanes of the proposed four-lane Alafaya Trail Extension are approved conceptually, although detailed plans for these two lanes must be submitted to the agencies for review pursuant to the conditions of certification. The conceptual approval is contingent on the road design being acceptable and acceptable mitigation being proposed to offset the impacts of the final two lanes. The mitigation for the final two lanes shall provide benefits for RCW habitat in east Orange County and RHPZ and wet land habitat of the Ecorlockhatchee River. The mitigation plan shall contain the information listed in condition 7 of this section and shall be submitted to the Department, SJRWMD and the FGFWFC for review. Construction of the final two lanes shall not be initiated until the road design and a mitigation plan has been approved.

3. The following changes should be made to the titles of the existing SJRWMD conditions to clarify which conditions refer only to the transmission line and alternate access road.

   
   

   VIXXI. BACKGROUND ASSESSMENT PLAN FOR MITIGATION ASSOCIATED WITH THE TRANSMISSION LINE AND ALTERNATE ACCESS ROAD

   
   

   V/XXII. COMPLETION OF BACKGROUND ASSESSMENT FOR MITIGATION ASSOCIATED WITH THE TRANSMISSION LINE AND ALTERNATE ACCESS ROAD

   
   

   V/XXIII. INITIATION AND COMPLETION OF ENHANCEMENT MITIGATION PLAN FOR MITIGATION ASSOCIATED WITH THE TRANSMISSION LINE AND ALTERNATE ACCESS ROAD

   
   

   V/XXIV. CRITERIA FOR SUCCESS OF ENHANCEMENT AND MITIGATION ASSOCIATED WITH THE TRANSMISSION LINE AND ALTERNATE ACCESS ROAD

   
   

   V/XXV. MONITORING PLAN FOR ENHANCEMENT AND MITIGATION ASSOCIATED WITH THE TRANSMISSION LINE AND ALTERNATE ACCESS ROAD

   
   

   V/XXVI. SURVEY OF ENHANCEMENT AREAS FOR MITIGATION ASSOCIATED WITH THE TRANSMISSION LINE AND ALTERNATE ACCESS ROAD

   
   

   V/XXVII. MONITORING REPORTS FOR THE ENHANCEMENT AND MITIGATION AREAS ASSOCIATED WITH THE TRANSMISSION LINE AND ALTERNATE ACCESS ROAD

   
   

   V/XXVIII. REVISIONS TO ENHANCEMENT AND MITIGATION ASSOCIATED WITH THE TRANSMISSION LINE AND ALTERNATE ACCESS ROAD

   
   

4. The following changes should be made to the existing SJRWMD conditions to incorporate the proposed mitigation plan for the Alafaya Trail Extension into the conditions of certification.

   
   

   V/XXXI. INCORPORATION OF MITIGATION PLANS

   
   

   The proposed mitigation plan submitted to SJRWMD by OUC for the Curtis H. Stanton Energy Center, Unit 2, dated June 21, 1991, July 20, 1991, September 22,

   1991, September 18, 1991 and September 19, 1991 and the proposed mitigation plan submitted to SJRWMD for the Alafaya Trail Extension dated October 5, 1992 and subsequently modified on May 5 1993, which is attached hereto, are incorporated...

   
   

5. The following conditions should be incorporated as follows:

   
   

   V/XXXVII. STORMWATER MANAGEMENT AND EROSION CONTROL FOR THE ALAFAYA TRAIL EXTENSION

   
   

   1. Within 30 days after completion of the stormwater management system, OUC must submit to the SJRWMD Form EN-45 (As Built Certification By a Registered Professional), signed and sealed by an appropriate professional registered in

      the State of Florida, and two sets of "As Built" drawings if: (a) the professional uses "As Built" drawings to support the As Built Certification, or

      (b) the completed system substantially differs from permitted plans.

      
      

   2. One year after completion of the stormwater management system, and every two years thereafter, OUC, its successors, or assigns shall submit inspection reports to the SJRWMD on SJRWMD Form EN-46. The inspection form must be signed and sealed by an appropriate, registered professional.

      
      

   3. All wetland areas or water bodies that are outside of the specific limits of construction authorized by this certification must be protected from erosion, siltation, scouring or excess turbidity, and dewatering.

      
      

   4. OUC must construct and maintain a permanent protective vegetative and/or artificial cover for erosion and sediment control on all land surfaces exposed or disturbed by construction or alteration of the certified project. This protective cover must be installed within fourteen (14) days after final grading of the affected land surfaces. A permanent vegetative cover must be established within 60 days after planting or installation. OUC must maintain cover on adjacent ground surfaces which may be impacted by construction activities until the SJRWMD receives the P.E. certification that the project is constructed according to the permitted plans.

      
      

   5. Prior to beginning construction, OUC shall submit to the SJRWMD plans, data, analyses, and other similar information demonstrating that the construction of the roadway and associated stormwater management facilities meet SJRWMD's criteria and requirements with regard to water quality and water quantity impacts.

      
      

      V/XXXVIII. MITIGATION CRITERIA FOR THE ALAFAYA TRAIL EXTENSION

      
      

      1. If mitigation is performed pursuant to the proposed 37.31 acre wetland creation and adjacent upland enhancement plan submitted to SJRWMD for the Alafaya Trail Extension dated October 5, 1992, and subsequently modified on May 5, 1993, which is attached hereto the following conditions shall al to these areas:

      
      

      1. OUC must submit to the Department and SJRWMD two copies of an as-built survey of the wet land creation and upland enhancement areas certified by a registered surveyor or professional engineer showing dimension, grades, ground elevations, and water surface elevations. This as-built survey must be submitted with the first monitoring report.

      2. Within the wetland creation areas, non-native vegetation, cattails (Typha spp.) and primrose willow (Ludwigia peruvianna), must be controlled by hand clearing or other methods approved in writing by the Department and SJRWMD so that they constitute no more than 10 percent of the a real cover in each stratum at any time.

      3. The wet land creation and upland enhancement areas must be planted prior to use of the infrastructure for its intended purpose.

      4. Within 30 days of any monitoring event that indicates 50 percent or greater mortality of planted wetland and upland species in any stratums within the mitigation area, OUC must submit a remediation plan to the Department, SJRWMD and FGFWFC for review. The plan shall not be implemented until written approval has been issued by the Siting Coordination Office.

      5. OUC must furnish, the Department, SJRWMD and FGFWFC two copies of monitoring reports for the wet land creation and upland enhancement area describing:

         
         

         1. Percent survival and recorded growth via established parameters for planted trees and shrubs.

         2. Percent cover for all species within each stratum;

         3. Total percent cover of herbaceous species;

         4. Ground and surface water monitoring data including:

            1. surface water elevation referenced to N.G.V.D., or if surface water is not present, ground water elevation

               referenced to N.G.V.D.;

            2. location of staff gauges and piezometers; and,

            3. date and time of measurements.

         5. observations of wildlife utilizations;

         6. Panoramic photographs of the mitigation site taken from approved permanent stations;

      A7 A description of any problems encountered, including removal of any non-target species. replacement and maintenance dates, and solutions; and,

      8) Any anticipated work for the successive six month period following each assessment.

      
      

      The data must be collected and submitted semi-annually, once during the wet season (August-September) and once during the dry season (March-April) until the created and enhanced areas achieve the success criteria. AG successful establishment of the planted vegetation in the wet land creation and upland enhancement areas will have occurred when:

      
      

      1. at least 80 percent of the planted individuals in each stratum have survived and are showing signs of normal annual growth for three consecutive years, based upon standard growth parameters such as height and base diameter, or canopy circumference;

      2. at least 80 percent cover by appropriate wet land herbaceous species in the wet land creation area has been obtained; and

      3. the above criteria has been achieved by the end of a five (5) year period following initial planting.

      
      

      1. If successful establishment has not occurred stated above, or is unlikely based upon the monitoring reports or trends, OUC must, within 30 days, submit a mitigation correction plan to the Department, SJRWMD and FGFWFC. The mitigation correction plan must include a narrative describing the type and causes of failure and contain a complete set of plans for the redesign and/or replacement planting of the wet land creation or upland enhancement areas so that success criteria will be achieved. Within 30 days of approval of the mitigation correction plan by the Siting Coordination Office, OUC must implement the redesign and/or the replacement planting. Following completion of such

         work, success criteria as stated above or as modified by the mitigation correction plan must again be achieved. In addition, the monitoring required by these certification conditions must be conducted.

      2. OUC must plant herbaceous wetland species, approved by the Department and SJRWMD, to supplement ground cover, if natural recruitment of desirable species does not occur in the cover stratum of the wet land creation area. If planted, such species must achieve 80 percent coverage after a three year period.

      3. Irrigation and fertilization of the wet land creation or upland enhancement areas may occur in the first year after initial planting in accordance with Rule 40C-21 F.A.C.

      4. The use of non-native grasses, or the placement of sod, in the wetland creation or upland enhancement areas is specifically prohibited.

      5. Within 30 days of completion of initial planting, OUC must submit to the Department, SJRWMD and FGFWFC for review and approval a plan detailing the site-specific methods to be used for monitoring the wet land creation and upland enhancement areas so that achievement of success criteria can be clearly demonstrated. The plan mist include such information as the size, location and number of monitoring quadrants the location and number of photographic stations, and other pertinent factors to demonstrate achievement of success criteria.

      6. Prior to initiating any construction, OUC must record a conservation easement in favor of the Department and SJRWMD over the wetland creation and upland enhancement areas prohibiting all construction, including clearing, dredging, or filling, except that which is specifically authorized by this certification. The easement must contain provisions as set forth in paragraphs l(a)-(h) of section 704.06, F.S.

      7. Within 30 days of the date of issuance of this certification and prior to recording, the conservation easement language must be submitted to the Department, SJRWMD and FGFWFC for approval. The easement shall not be recorded until the proposed language has been approved in writing by the Siting Coordination Office.

      8. Within 30 days of receipt of the Siting Coordination Office's approval, OUC must provide the Department with the original recorded conservation easement and provide copies of the same to SJRWMD and FGFWFC. The copies of the recorded easement must show the date conservation easement was recorded and the official records book and page number.

      9. Legal access, at least 15 feet in width, must be provided to the wet land creation and upland enhancement area for the Department and SJRWMD staff and equipment.

6. Other applicable conditions for PA81-14 & PA81-14SA dealing with construction, monitoring and reporting shall also apply to the construction of the Alafaya Trail Extension and any related relocation of the combustion waste storage area.

Docket for Case No: 92-006153EPP

Orders for Case No: 92-006153EPP