The Lake Panasoffkee Restoration Project is a $26 million project designed to dredge the lake bottom, remove muck, and restore fisheries. It is being conducted by the Southwest Florida Water Management District (SWFWMD) under a Noticed General Permit granted by the Department of Environmental Protection (DEP). A Noticed General Permit exempts the permittee from the need to obtain permits from DEP if a project is anticipated to have only a minor impact on the water resources of Florida. However, the Lake Panasoffkee project reportedly will result in the removal of 5 million cubic yards of sediment. When inquiries were made to the Compliance Review Section of the Bureau of Historic Preservation, Florida Division of Historical Resources (FDHR), there was no indication that SWFWMD or DEP had notified FDHR of the project as required under Chapter 267.061(2). Consequently, FDHR was not afforded an opportunity to comment on the potential of the project to impact significant archaeological sites prior to the expenditure of state funds. Since Ch. 267 also directs that title to all cultural resources and artifacts on state-owned land (including sovereign submerged land) is vested with the Division of Historical Resources (Ch. 267.061[1][b]), and since the Lake Panasoffkee Restoration Project is being conducted on sovereign submerged lands, SWFWMD activities there may be in violation of Ch. 267.13(1)(a-b). Consequently, the FAC Board of Directors voted to send a letter to Mr. Sonny Vergara, Director of SWFWMD, notifying him of his agency's responsibilities under the law. The full text of that letter follows: August 22, 2001 Mr. Sonny Vergara Executive Director Southwest Florida Water Management District 2379 Broad Street Brooksville, FL 34604-6899 RE: Lake Panasoffkee Restoration Project Dear Mr. Vergara: I am writing to you on behalf of the Florida Archaeological Council, Inc. (FAC) regarding recent activities by the Southwest Florida Water Management District (SWFWMD) at Lake Panasoffkee. The FAC is a state-wide, non-profit organization of professional archaeologists practicing in Florida. Among our many activities are advocating and aiding in the conservation of archaeo­logical resourc­es, and discouraging the indiscriminate destruction of archaeo­logical sites, both on land and underwater. It has come to our attention that the Lake Panasoffkee Restoration Project has been initiated without the cultural resource assessment review required by Ch. 267.061(2)(a). Under this statute, all state agencies must take into account the effects of their undertakings on cultural resources prior to the expenditure of state funds on such undertakings. To accomplish this, the agency must provide the Division of Historical Resources of the Florida Department of State a reasonable opportunity to comment on such undertakings and to provide the agency with a recommendation regarding the potential of the undertaking to impact significant cultural resources. Further, Ch. 267.061(2)(b) requires that if significant cultural resources will be affected adversely by a state undertaking, the state agency overseeing the undertaking must demonstrate that there is no prudent and feasible alternative to the proposed alteration to the cultural resource. Since SWFWMD was created by state law (Chapter 373.069), has its activities supervised by the Florida Department of Environmental Protection (Ch. 373.026[7]), is overseen by a governing board composed of members appointed by the Governor (Ch. 373.073[1][a]), and is authorized to develop statutory rules meant to implement the provisions of Ch. 373 (Ch. 373.044), it clearly is a state governmental agency as defined under Ch. 20.03(11) and is therefore subject to the requirements of Ch. 267.061. It also has come to our attention that the Lake Panasoffkee Restoration Project received a Noticed General Permit from the Department of Environmental Protection (DEP) under Ch. 373.118. Such permits are issued for projects that are considered to have a minimal adverse impact to the water resources of a district. The rules governing the issuance of such permits must comply with the conditions for issuance of DEP permits established in Ch. 373. It is DEP’s responsibility under Rule Chapter 62-341.201(2) to review, among other things, the ecological effects of general permits on water resources every three years. This requirement indicates that SWFWMD’s Lake Panasoffkee project (as well as other similar projects) is not only a state undertaking but is subject to the permitting and periodic review requirements of DEP, which also is required to comply with Ch. 267.061(2). A Noticed General Permit is valid only for the activities specified in Rule Chapter 62-341 and exempts the permittee only from those permit requirements of Ch. 373. Granting of a Noticed General Permit does not relieve the permittee of the necessity to obtain any other required federal, state, local, or special district authorizations prior to the initiation of any activity authorized by the general permit (62-342.215[3]). While it is arguable that the expansive nature of the Lake Panasoffkee Restoration Project (which includes the removal of nearly 5 million cubic yards of sediment) does not constitute a “minimal adverse impact” to the state’s water resources, it is clear that even under the conditions of a Noticed General Permit, the District must comply with the provisions of Ch. 267.061(2) and allow the Division of Historical Resources an opportunity to comment on the potential impact of the project to cultural resources, including archaeological sites. A review of the District’s own study, Archaeology of the SWFWMD Projects (B. Weisman and W. Marquardt 1988),as well as a search of the state’s Florida Master Site File, indicates that several previously recorded archaeological sites are located around the perimeter of Lake Panasoffkee. A burial mound, investigated by Princeton University in 1876, is reportedly located at the mouth of the Outlook River (D. Baird 1988, Bulletin of the Archaeology Society of New Jersey). In addition, several recent discoveries of dugout canoes in Florida lakes, some of which have been dated at more than 5000 years old, demonstrate the potential for significant cultural resources to be impacted by projects such as this one. It should be noted that Native Americans are highly interested in aboriginal canoes, certain archaeological sites, and the treatment of human remains, and that Native American burial sites are protected under Chapter 872, F.S. Finally, the cited study by Weisman and Marquardt provides only an inventory of previously recorded archaeological sites within the District. No field surveys were conducted to identify unrecorded sites in the District. Therefore, it is not appropriate to use this study as a basis for complying with the provisions of Ch. 267.061(2)(a-b). Ch. 267 also directs that title to all cultural resources and artifacts on state-owned land (including sovereign submerged land) is vested with the Division of Historical Resources (Ch. 267.061[1][b]). Since the Lake Panasoffkee Restoration Project is being conducted on sovereign submerged lands, SWFWMD should be aware that any impacts to archaeological sites on such land by state agencies or other entities without the requisite studies and permits may be a violation of Ch. 267.13(1)(a-b). We respectfully request that the District take the following actions to ensure that it meets its statutory obligations under Ch. 267: 1. Provide the Division of Historical Resources with appropriate information regarding the nature and extent of the Lake Panasoffkee Restoration Project so that it may evaluate and comment on the potential for adverse impact to cultural resources; 2. If recommended by the Division, conduct appropriate cultural resource assessment studies to identify and evaluate the potential impact to any cultural resources within the Lake Panasoffkee Restoration Project area; 3. If it is determined that significant cultural resources will be adversely impacted by the Lake Panasoffkee Restoration Project, develop and implement appropriate measures to avoid or mitigate impact to these resources; 4. Review present District procedures for complying with Ch. 267 to ensure that similar oversights do not occur in the future. If you wish to discuss this matter further, please feel free to do so by contacting me at my office (813-677-2280). Sincerely, Robert J. Austin, Ph.D. President Florida Archaeological Council, Inc. Xc: Deborah Getzoff, Director, Southwest District, FDEP Janet Snyder Matthews, Director, FDHR