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On February 18, 2026 the Everglades Law Center (ELC), and co-counsel Richard Grosso, P.A., Hartsell Ozery, P.A., and Douglas MacLaughlin, negotiated a settlement agreement on behalf of clients Tropical Audubon Society, José Francisco “Joe” Barros, and Brian Rapoza of a challenge to a Florida Department of Environmental Protection (DEP) draft permit conceptually authorizing construction and management of a future stormwater management system to conduct limestone mining and reclamation activities on an 8,632 acre site in the Everglades Agricultural Area adjacent to the A2 Reservoir and Stormwater Treatment Area. Co-petitioners Barros and Rapoza have decades of birding experience in the EAA, and serve as president and vice president of Tropical Audubon Society, respectively.
ELC filed the petition in August 2025 challenging the DEP’s Notice of Intent to issue a permit authorizing a stormwater management system for a rock mine that the applicant proposed to connect to nearby Everglades restoration infrastructure. The draft permit was to be issued to Phillips & Jordan, Inc., an easement holder for the landowners, U.S. Sugar Corporation and the Okeelanta Corporation.
The legal challenge, filed before the Division of Administrative Hearings, alleged that the project failed to comply with rules and standards designed to ensure that projects do not harm water quality, neighboring lands and waters, and publicly funded infrastructure, like Everglades Restoration projects, and are not contrary to the public interest. On behalf of its clients, ELC sought to ensure the DEP adequately reviewed and analyzed the project’s impacts to the Everglades prior to its approval.
The Amended Permit now expressly provides:
- The Conceptual Approval authorizes only the general location of future cells for excavation;
- Any material change to the reclamation design or any plan to operate the Phase 1 pump station to move water on- or off-site will require a new permit or major permit modification demonstrating compliance with Environmental Resource Permit requirements;
- The Department has not analyzed off-site impacts of the use of pumps authorized for construction in Phase 1;
- Future phases involving off-site discharge or water movement will require additional review, including water quality monitoring as required by rule; and
- References to acre-feet of storage for all cells were removed from the civil plan set.
The Settlement Agreement does not limit the ultimate size of the project that could eventually be approved or preclude future development of all 8,000+ acres of the Southland site as a water resource project. Any such development, however, will require new or modified permit authorization and full environmental review under applicable law.
The Amended Permit language is set forth below:
[Amended Permit, page 2] Notwithstanding anything to the contrary contained in the May 29, 2025 Notice of Intent and attachments or this Permit, the Conceptual Approval authorizes only the general location of future cells for excavation.
[Amended Permit, page 28] Specific Condition 43. Mine Pit Water Quality Monitoring…. d. Water quality monitoring will be revisited as part of approval of any future phase that seeks to discharge water off-site from, or to supply water to, project impoundments, which, if required by state rules and regulation will include testing for phosphorus. The Permittee will conduct a one-time sampling for phosphorus at the Southland connection point of the Miami Canal for baseline purposes.
[Amended Permit, Pages 29-30] Specific Condition 45. […]
Water quality monitoring will be revisited as part of approval of any future phase that seeks to discharge water off-site from, or to supply water to, project impoundments, which, if required by state rules and regulation will include testing for phosphorus. The Permittee will conduct a one-time sampling for phosphorus at the Southland connection point of the Miami Canal for baseline purposes.
[Amended Permit, Page 35] Specific Condition 53. Shoreline Reclamation and Littoral Zone Creation. Shorelines and a littoral zone shall be constructed according to the attached plan set. The shoreline and littoral zone shall be created in the following manner:…. f. At least 30-days prior to construction activities beginning on site, the Permittee shall submit to the Department’s Mining and Mitigation Program at MiningAndMitigation@FloridaDEP.Gov, a Conceptual Reclamation Plan in accordance with Chapter 62C-36.003(3), F.A.C. The Department will transmit a copy of the Conceptual Reclamation Plan to any person who requests it. Any material change to the reclamation design depicted in sheets 8-14 and any plan to operate the pump station depicted on sheet 15, will require a new permit or major permit modification that demonstrates compliance with all Environmental Resource Permit requirements. In issuing this permit, the Department has not analyzed off-site impacts of the use of the pumps authorized for construction in Phase 1.
[Amended Permit, pages 43, 45] Removed references to acre-feet of storage in all cells on Sheets 2 and 4.
