SRWMD staff recommends denial of Seven Springs permit
Statement regarding Suwannee River Water Management District staff recommendation to deny Seven Springs Water permit application. Below that are the documents from the water management district staff.
9225 CR 49, Live Oak, FL 32060 9 am. Come and tell the water management board to deny the permit.
March 3, 2020
Statement regarding Suwannee River Water Management District staff recommendation to deny Seven Springs Water permit application:
Our Santa Fe River has always recognized the Seven Springs Water Company permit to be unnecessary and unsustainable and we are pleased to see that the Suwannee River Water Management District staff concur. We sincerely hope that the Board will follow suit. We believe that the public interest will be served.
Michael Roth, President
Our Santa Fe River, Inc.
A Florida 501(c)(3) Non-Profit Corporation
TO: Governing Board
FROM: Warren Zwanka, P.G., Director, Division of Resource Management
THRU: Steve Minnis, Deputy Executive Director, Business and Community Services
DATE: March 2, 2020
RE: Authorization to Deny Water Use Permit Renewal Application 2-041-218202-3 Seven
Springs Water Company Project, Gilchrist County
Staff recommends the Governing Board deny
Water Use Permit renewal application number
2-041-218202-3 for failure to provide reasonable
assurance that the requested water use will meet
the conditions for issuance set forth in rule 40B-
2.301, Florida Administrative Code and the Water
Use Permit Applicant’s Handbook.
The Seven Springs Water Use Permit was originally issued on September 11,1995 and modified on June 25, 1999. A timely application to renew this permit was received by the District on March 18, 2019. Responses to requests for additional information (RAI) with amended applications to renew
this permit were received by the District on June 27, 2019 and November 1, 2019. On January 14, 2020, the applicant provided the third and final RAI response and, in the response, directed the District to deem the application complete pursuant to section 120.60(1), Florida Statutes (F.S.).
Section 120.60(1), F.S. provides that, upon the applicant’s request, the District shall deem the application complete and process the application based on the materials submitted at that time. Section 40B-2.361(2), Florida Administrative Code (F.A.C.) provides that all permit renewal applications shall be processed as new permits, and shall contain reasonable assurances that the proposed water use meets all of the conditions for issuance in rule 40B-2.301, F.A.C., and the Water Use Permit Applicant’s Handbook (Handbook). Section 18.104.22.168 of the Handbook contains factors that must be considered for beverage processing water uses. The definition of “beverage processing use” set out in section 1.1 of the Handbook specially includes the sealing of drinkable liquids (including bottled water, as defined in section 500.03(1)(d), F.S.) in bottles, packages, or
other containers and offered for sale for human consumption. The application as submitted does not provide reasonable assurances that the proposed beverage processing use is reasonable-beneficial and consistent with the public interest as described in the attached staff report.
WATER USE TECHNICAL STAFF REPORT
February 27, 2020
Reviewers: Stefani Weeks, Warren Zwanka
WATER USE SUMMARY:
Average Daily Rate* (Million Gallons Per Day)
Freeze Protection (Million Gallons Per Year)
New Water to Average Daily Rate (Million Gallons Per Day)
1.1520 N/A N/A
* The District authorizes water use on an average annual basis (Section 22.214.171.124, Handbook)
Recommendation: Denial of requested beverage processing water use
This project is located on approximately 604 controlled acres in Sections 2 and 3, Township 8 South, Range 16 East, and Section 34, Township 7 South, Range 16 East of Gilchrist county; approximately six miles west of High Springs. Groundwater from two 10-inch diameter production wells (P-1 and P-2) is withdrawn on property owned by Spring Land Trust, LLC and used for beverage processing and other associated uses at an adjacent 320,000 ft2 facility owned by Nestlé Waters North America, Inc. (NWNA). A third production well (P-3) is proposed and would replace well P-1 once placed into service. As required by the existing permit, the permittee submits daily water use reports on a monthly basis.
Land Owner: Spring Land Trust, LLC
Attn: Barbara Wray
7300 Northeast Ginnie Springs Road
High Springs, FL 32643-9102
Nestlé Waters North America, Inc.
Attn: George T. Ring
900 Long Ridge Road, Building 2 Stamford, CT 06902-1140
Applicant: Seven Springs Water Company
Attn: Risa Klemans
101 Northeast Ginnie Springs Road
High Springs, FL 32643
Seven Springs Water Company
Attn: Risa Klemans
101 Northeast Ginnie Springs Road
High Springs, FL 32643
Project Name: Seven Springs Water Company
Located in WSPA: Yes (Eastern WSPA)
Pursuant to rule 40B-2.361(2), Florida Administrative Code (F.A.C.), permit renewal applications shall contain reasonable assurances that the proposed water use meets all of the conditions for issuance in Rule 40B-2.301, F.A.C., and the Water Use Permit Applicant’s Handbook (Handbook). Sections 126.96.36.199(a) through (k) of the Handbook set forth the factors that will be
considered in determining whether a proposed beverage processing use is reasonablebeneficial and consistent with the public interest.
Section 188.8.131.52(i) requires the District to consider the contractual obligation to provide water for beverage processing. The applicant declined to provide a copy of its contract with NWNA and, instead, provided a memorandum of this contract. This memorandum does not show that applicant is obligated to provide any or all of the requested allocation to NWNA. Therefore, the
required reasonable assurance has not been provided.
Section 184.108.40.206(j) requires the District to consider evidence of the physical and financial ability to process the requested amount of water. The applicant has requested an allocation of 1.1520 mgd. As part of the application, the applicant reported the actual use of water at the facility for the years 1995 through 2019. The highest reported actual use of water at the facility was for 2006, which showed an average annual water use of 0.3874 mgd (page 63 of the January 14,
2020 RAI response). As the highest reported actual use of water in the facility was significantly less than the requested allocation, the previous use does not provide evidence of the physical ability to process the requested allocation. The applicant has asserted that the facility is being renovated to have the physical ability to process the requested allocation. But the applicant has failed to provide sufficient evidence showing that such renovations will create the necessary physical ability. Therefore, the required reasonable assurance has not been provided.
Section 220.127.116.11(c) through (f) and (h) require the District to consider certain matters concerning the beverage processing facility or facilities where the use will occur. The applicant has only provided information for the High Springs facility, but has provided no reasonable assurance that the High Springs facility is the only beverage processing facility where the use of the requested allocation will occur. Therefore, the required reasonable assurance has not been provided.