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Transects containing evenly spaced clusters (nodes) of plots (four 1-m2 plots per cluster; 

three permanent, one temporary biomass clip plot) were regularly distributed across 

the marsh. Four transects (32 plots per transect) were placed perpendicular to the marsh 

water flow path in each of the north (600 m long) and south (450 m long) marshes 

(number of plots = 256). A ninth transect (610 m long) was placed parallel to the flow 

path at a point beginning near the south marsh lake water inlet and extending west. The 

ninth transect increased the total number of plots to 296. 

Within the Experimental Planting Sites, sample plots were placed in each of the 

treatments. Within each of the small treatment plots (15x15m for planted, seeded, and 

mulched; 18 by 18 m for control plots) a single 1 m2 was established. The larger Mixed 

Species plots (24 by 24 m) received two 1 m2

 sample plots. 

Three different types of data were gathered from the sample plots. Species composition 

and structure (percent cover, density, and height) data were taken from all of the 1 m2

plots (Experimental Planting Sites and Natural Succession Transects). Also, an overall 

estimate was made of species composition and cover percentage from each entire 

treatment plot in the Experimental Planting Sites. 

Vegetative biomass was clipped and collected from one plot per cluster along the 

Natural Succession Transects. Live biomass (separated into species) and dead biomass 

(all species combined) were dried and weighed. Ground biomass subsamples were 

submitted to the Soil Science Department, University of Florida, for tissue nutrient 

analysis. 

Phenological patterns were measured in all treatments to determine if dynamics in 

flower and fruit production could be detected. These measurements were taken at the 

same time as structure and composition measurements. Measurements consisted of 

estimating the proportion of canopy in a sample plot containing flowers, immature 

fruit, and/or mature fruit. A canopy index was developed in which estimates were 

based on the canopy in one-third canopy increments. 

The effects of moisture on seed germination was tested in a growth chamber with seeds 

of wetland plant species placed under two moisture treatments (saturated and flooded). 

A seed trapping study was conducted to determine if seed flow into and out of the 

Experimental Planting Sites was occurring. To accomplish this task, seed traps were 

constructed from PVC pipe and 1x1 mm mesh fiberglass screen and placed along the 

upstream and downstream edges of two Experimental Planting Sites. Four traps per 

edge were placed. The traps were retrieved and replaced with clean traps monthly, four 

times. In the greenhouse, the water-borne traps were emptied into a germination pan 
Appendix H 

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and incubated under a twice daily automatically timed mist irrigation. Germination 

trials were run for two months per trap sample. Seedlings were identified to the species 

level and counted. Plants that could be identified were grown to a size allowing 

identification. A collection of reference plants were maintained to allow identification of 

some species. The air-borne traps were surveyed and seeds were identified to species 

and counted. 

The potential impact on succession by the soil seed bank was estimated by measuring 

seed germination from soils collected from the Natural Succession Transects, 

Experimental Planting Site-Control Plots, and Experimental Planting Site-Mulch Plots in 

November 1991 and 1992. Soils were collected using 10cm diameter by 20cm long PVC 

corers, returned to greenhouse and placed under two soil moisture treatments (moist 

and 3–4 cm flooded). Seedlings were identified to species and counted. 

Clonal recruitment was estimated by marking eight individual rhizomes per species per 

planting site of arrowhead, cattail, bulrush, and pickerel weed in May 1992, then 

returning in May 1993 and measuring the distance grown and the distance to the 

nearest competitor. This experiment was conducted in the three Experimental Planting 

Sites. 

Avian species were featured in a baseline study of wildlife utilization of the early 

successional marsh ecosystem. Birds were observed using two methods. First, a fixed 

width transect survey was conducted using the established vegetation transects. The 

transect width was approximated to be 35m wide on either side of the transect 

centerline. Birds observed or heard within this corridor were identified to species and 

counted. A second method used involved slowly driving around the marsh perimeters 

and observing birds. In addition to the flow-way marshes, observations were taken 

from the unmanaged marsh adjacent to and north of the south marsh, and the 

agricultural fields adjacent to and north of the north marsh. Again, birds were identified 

to species and counted. For comparison, these observations were converted into bird 

numbers per hectare. 

Evaluation of the Experimental Planting Sites revealed that the Mixed species planting 

treatment provided a diverse, cattail resistant vegetative community. In contrast, the 

mulched and seeded treatments provided a favorable environment for cattail invasion. 

The single species planted treatments varied in establishment and expansion success 

and resistance to cattail. Spikerush (Eleocharis interstincta), pickerel weed, arrowhead, 

and giant bulrush (Scirpus californicus) tended to establish quickly and resist cattail. 

Giant bulrush also was resistant to invasion by pennywort (Hydrocotyle ranunculoides

and H. umbellata). Pennywort was a dominant mat-forming species throughout the 

marsh, with the most dense coverages occurring in disturbed areas (e.g., Experimental 
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Planting Site) and areas without dense overstory canopy. The canopy of giant bulrush 

was no more dense than other areas containing pennywort, yet was resistant to invasion 

by pennywort. Bulrush established quickly, covering the entire plot. Bulrush resisted 

cattail invasion during the study period. But its coverage of live biomass declined after 

two years, potentially increasing its invisibility by cattail. Maidencane (Panicum 

hemitomon) established slowly, did not cover the plot and was easily invaded by cattail. 

Floating mats developed in the Experimental Planting Sites. The pickerel weed planted 

treatment floated completely, while the giant bulrush treatment and giant flag (Thalia 

geniculata) (Mixed Species Planting treatment) remained firmly rooted. The remaining 

treatment plots floated at different times during the duration of the study. 

Successional patterns along the Natural Succession Transects tended to consist of the 

initial vegetative community senescing after flooding followed by a period of shallow 

open water with patches of vegetation developing, increasing in size and eventually 

coelescing into continuous hydrophytic plant community. Dominant plants in the 

hydrophytic plant community tended to be cattail (Typha domingensis and T. latifolia), 

pennywort, pickerel weed, arrowhead, alligator weed (Alternanthera philoxeroides), 

coastalplain willow (Salix caroliniana), and water primrose (Ludwigia peruviana). Less 

prominent species with potential for dominance included Polygonum densiflorum and 

Bidens laevis. Structure and composition, and biomass measurements revealed shifts in 

dominance by the successional plant community during the study period. 

Extensive floating mats developed along the Natural Succession Transects, as well as in 

the Experimental Planting Sites. Biomass measurements provided some evidence for 

one of the means of floating mat development. In the southeastern marsh, rhizomes 

were found growing up into the water column. Biomass measurements tracked this 

pattern over time. This strategy was found with cattail, arrowhead, and pickerel weed. 

These suspended roots and rhizomes seemed effective at trapping phytoplankton 

sediments from the inflowing lake water. The utilization of the water column by roots 

and rhizomes preferentially to the deeper sediments (See belowground biomass 

measurements) led to a shift of buoyant biomass into the water column. Assuming that 

decomposing organic matter increased gas production, trapping of sediments, and 

deposition of dead leaves contributed additional buoyant biomass. Finally, the coupling 

of the increase in buoyant biomass over time and the sediments’ agricultural history led 

to floating mat formation. Floating mats affected the marsh in a number of ways. They 

increased the area of substrate available for seed germination and seedling 

establishment. Finally, floating mats moved around with the wind and scoured 

grounded or rooted vegetation patches leading to newly floating mats. 
Appendix H 

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Results of the seed flooding experiment were often different from that of published 

reports. Germination rates tended to be lower than expected. This probably resulted 

from the absence of critical germination cues such as light and heat environment. An 

extensive literature review of seed germination by species found in the seed bank, seed 

dispersal, and vegetation studies was provided to reduce an information shortfall. 

Water borne seed dispersal differences between “inflows” and “outflows” to the 

Experimental Planting Areas were not detected. This pattern may have resulted because 

the dense cover of plant species such as pennywort may have limited the movement of 

seed in flowing water or stopped water altogether. A measurement of water flow in the 

north marsh planting site was less than the detection limit of the flow sensor (1.5 cm s-1). 

Seed germination by pennywort from traps located in pennywort communities was 

commonly observed, suggesting that the plant species nearest the seed traps would 

provide the greatest measurable contribution. Air borne seed traps captured a 

preponderance of cattail seeds (0–65.3 seeds trap-1). A single broomsedge (Andropogon

spp.) seed was the only species other than cattail captured in air-borne seed traps. Seeds 

that we expected to capture, but did not, included more Andropogon spp., Baccharis spp., 

Eupatorium spp., and Mikania scandens. 

Seed bank measurements revealed a seed bank species community similar to other 

freshwater marshes. The seed bank consisted of a community containing annual or 

biennial species (47%), generalist species (84%), and graminoids and herbs (95%). The 

seed bank tended to contain a larger, generally unrelated flora (24–52 species) than that 

of the established vegetation community (12–38 species). 

The greenhouse soil moisture experiment revealed that shallow flooding (4 cm depth) 

reduced seed germination from the seed bank. Under moist soil conditions, seed 

germination from the Mulch treatment was greater than from the Natural Succession 

Transects and the Control Treatment, while the Natural Succession Transects and 

Control Treatment were somewhat similar. No differences among field treatments were 

found when soils were maintained under flooded soil conditions. Cattail tended to 

germinate at greater rates under flooded conditions than moist. 

Clonal measurements provided insights into the competitive success of cattail in 

comparison with other rhizomatous species. Cattail grew at a greater rate (0.043–0.162 

cm-d) than bulrush (0.012–0.073 cm-d), arrowhead (0.03–0.038 cm-d), and pickerel weed 

(0.013–0.028 cm-d). The competitive success of cattail can also be explained by its growth 

pattern in addition to its rapid growth. Cattail tended to grow three rhizomes from a 

culm. As each rhizome approached 1–2 m long it produced a leaf producing culm. 

Then, each culm grew an additional three rhizomes. In contrast, the competing species, 

pickerel weed and arrowhead, tended to produce a single long dense rhizome. 
SWIM Plan for Lake Apopka 

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As expected the marsh contained a wetland adapted avian community. No detectable 

differences in avian species similarity patterns were measured among the treatments. 

The south marsh tended to have fewer birds than the north marsh. Blackbirds tended to 

be the most common bird in the south marsh. The prevalence of blackbirds can be 

attributed to coverage by cattail. The north marsh had slightly greater densities among 

more taxa than the south marsh. We detected minimal temporal differences in total bird 

density in the south marsh while the north tended to be increasing during the sample 

period. 

In summary, the Lake Apopka Marsh Flow-Way Demonstration Project was 

characterized as an early successional freshwater marsh ecosystem. Vegetation 

measurements taken along Natural Succession Transects revealed an ecosystem rapidly 

filling open space as predicted by successional models of Eugene Odum. Insights into 

dominance by cattail in this succession may be found with a number of factors. High 

nutrient loading is related to cattail dominance. The disturbed soil environment 

brought on by agricultural practices reduced the density of plant species, in both the 

seed bank and established vegetation that could compete with cattail. Cattail was found 

to successfully germinate under shallow flooding conditions. Field observations 

revealed that cattail was capable of growing under completely inundated conditions. 

The clonal growth measurements revealed that rhizome growth rates of cattail were 

much greater than those of pickerel weed and arrowhead. In addition, large-scale cattail 

rhizome structural architecture, consisting of three rhizomes per culm growing and 

establishing a culm having three rhizomes each, was more competitive than the single 

rhizome plan of the various other species in the ecosystem. But assemblages of 

competitive species, if planted at a favorable density, were capable of competing and 

becoming established. The Experimental Planting Sites revealed that establishment of 

pickerel weed, arrowhead, giant bulrush, spikerush, or a mixture of the above species 

and giant flag, early in ecosystem succession could help establish invasion resistant 

vegetation communities. Unsuccessful planted species included: maidencane, bulrush, 

and sawgrass. Wildlife observations revealed that increasing numbers of wetland bird 

species were using the marsh over time. 

Stenberg, J.R., and M.W. Clark. 1998. Monitoring of natural and planted vegetation in the 

Lake Apopka marsh flow-way restoration project, August 1993–March 1995. Special 

Publication SJ98-SP17. Palatka, Fla.: St. Johns River Water Management District. 

PROJECT: Marsh Flow-Way Restoration (LA-3-301-M) 
Appendix H 

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EXECUTIVE SUMMARY

The objective of this project was to continue measurements of ecosystem succession in 

the Lake Apopka Marsh Flow-Way Demonstration Project and to initiate measurements 

in the Full Marsh. Earlier ecosystem succession studies (November 1990–February 1993) 

had revealed a pattern of increasing coverage by a few highly competitive plant species. 

To provide a more complete assessment of ecosystem development on the site, a second 

phase of the study was implemented from August 1993 to March 1995. An early part of 

the second phase of the Demonstration Project (August 1993–September 1994) has been 

reported in Stenberg, Clark, and Conrow (1997). Development of Natural and Planted 

Vegetation and Wildlife Use in the Lake Apopka Marsh Flow-Way Demonstration 

Project: 1990–1994, Special Publication SJ98-SP4. This report will include previously 

reported and final sample results. The report will focus on vegetation cover dynamics 

(Demonstration and Full Marshes), floating vegetation mats (Demonstration Marsh), 

and drawdown and fire (Demonstration Marsh). 

Measurements from Demonstration Marsh experimental planting sites revealed 

patterns of continuing resistance to invasion of cattail (Typha domingensis and T. latifolia) 

by the most competitive species, Pontederia cordata and Sagittaria lancifolia, and decline of 

a number of planted target species. Measurements on Demonstration Marsh natural 

succession transects revealed that cattail species continued to maintain the greatest areal 

coverage in the marsh. Under conditions of an expanding cattail community in the 

“ambient” environment, resistance or aquiescence to invasion in the planted 

community revealed the competitive capabilities of planted target species. 

During the monitoring phase, a number of planted communities continued large-scale 

senescence. Included in this group were spikerush (Eleocharis interstincta) and bulrush 

(Scirpus validus). This event was unexpected because the two species were surviving 

successfully during the early years of the project. It is likely that the two species 

experience a natural senescence after an initial growth period. Softstem bulrush peaked 

about one year after planting (August 1991–1992) then slowly declined until its decline 

accelerated after August 1993. In contrast, Eleocharis interstincta reached maximum 

cover after one year, then began a decline in August 1993. The senescent period will 

probably be followed by regrowth from remaining viable rhizomes if the species are not 

excluded by cattail. In this marsh it is likely that the target species would be replaced by 

cattail during a senescent period. Hydrocotyle ranunculoides became more prominent as 

an invader into experimental planting sites. More plots were found with Hydrocotyle 

ranunculoides coverages over 50% in March 1995 than in March 1994. 

Vegetation biomass measurements provided information about the structure and 

successional state of the Demonstration Marsh. Total aboveground biomass ranged 
SWIM Plan for Lake Apopka 

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520 

dynamically around 500–1,000 g m-2. Belowground biomass continued to decline in the 

south marsh as roots and rhizomes shifted to floating vegetation mats. Floating 

vegetation mat biomass increased from 827 g m-2 (August 1993) to 989 g m-2 (September 

1994). More south marsh transects contained floating mat biomass in September 1994 

(three transects) than in previous samples (one transect for August 1993 and March 

1994). The north marsh had a slowly increasing belowground biomass until March 1994 

followed by a decline in September 1994. Floating mat biomass also increased in the 

north marsh (647 g m-2 in August 1993 to 877 g m-2 September 1994). 

In spring 1994, a drawdown in the north and south marshes was followed by an 

increase in coverage of species that were common during the initial phase of the project 

and were found in the seed bank. These species included Cyperus odoratus, Ludwigia 

leptocarpa, Panicum dichotomiflorum, and Polygonum punctatum. A summer 1994 

prescribed burn in the south marsh was followed by reduced biomass and cover of the 

more prominent species Hydrocotyle ranunculoides and cattail (Typha domingensis and T. 

latifolia). 

Water depth measurements revealed that at least 73% of natural succession transect 

sample plots contained floating vegetation mats, while 55% of experimental planting 

sites were floating. Floating mats didn’t float up without an intermediate stage. About 

30% of planting site plots contained vegetation mats partially suspended in the water 

column. About 27% of natural succession plots were partially suspended. Floating 

vegetation mat biomass near the south marsh inlet was greater than at the outlet weir. 

The most distinctive feature of the Full Marsh was its rapid colonization by cattail. In 

addition, it was invaded by the armyworm caterpillar (Simyra henrici). Herbivory by the 

caterpillar appeared to increase the cover of dead cattail biomass in the August 1994 

sample. The lack of cattail in Full Marsh flow-way cell G seemed related to water depth 

being greater than its adaptive limit and possibly to distance from a substantial seed 

source. 

Stites, D.L., M. Coveney, L. Battoe, E. Lowe, and V. Hoge. 2001 (draft). An external 

phosphorus budget for Lake Apopka. Technical memorandum. St. Johns River 

Water Management District, Palatka, Fla. 

PROJECT: External Nutrient Budget (LA-1-101-D) 
Appendix H 

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521 

EXECUTIVE SUMMARY

An external phosphorus budget (external inputs to and outputs from the lake water) 

was calculated for the six calendar years from January 1989 through December 1994. 

During the first two years of the project, all sources and sinks, including rainfall, spring 

discharges, groundwater seepage, stormwater runoff, surface water inflows and 

outflows, tributary discharges, industrial and municipal point sources, agricultural 

discharges, and lake water quality were quantified. The following four years of data 

collection were less intense, and the effort focused on ambient water quality, 

atmospheric deposition, pump discharges, industrial and municipal point sources, and 

the Apopka-Beauclair Canal. Other sources and sinks were calculated using 

information developed in the first two years of the project. 

Hydrologic inputs were dominated by rainfall, agricultural pumping, and spring 

discharges, in that order. The discharges from the muck farms north of Lake Apopka 

were the primary sources of external phosphorus loading to Lake Apopka, followed by 

atmospheric deposition, tributary discharges, and Apopka (Gourdneck) Spring. 

Phosphorus left the lake principally (more than 90%) through the Apopka-Beauclair 

Canal, with the rest of the losses resulting from lateral and downward seepage, and 

water withdrawn from the lake by farming operations. 

Three drainage areas comprise the area east of the Apopka-Beauclair Canal. The 

Zellwood Drainage and Water Control District (ZDWCD) and Jem Farm (owned and 

operated by A. Duda & Sons) are separated by Lake Level Canal (LLC). Zellwin Sand 

Farm (ZSF), located immediately north of the ZDWCD and Jem Farm, discharges into 

LLC along with ZDWCD. West of the Apopka-Beauclair Canal, farm discharges were 

calculated for two separate fields: Franks Farm C (FFP) and Clay Island (DPK). ZDWCD 

(3,521 hectare) accounted for 64% of the farmed area. Jem Farm (1,035 ha), the fields 

west of the Apopka-Beauclair Canal (396 ha), and ZSF (587 ha) comprised the rest of the 

farmed area. 

Annual loads of 114, 62, 44, 38, 17, and 44 metric tons (t) were calculated for 1989 

through 1994, respectively. Phosphorus from farm discharges accounted for 70–89% of 

the total annual inflow of phosphorus to Lake Apopka (depending on the year). Annual 

volume-weighted total phosphorus (TP) concentration in the discharges varied between 

approximately 0.74 mg/L (1990) and 1.08 mg/L (1991). Changing water management 

practices as a result of the Consent Order Agreement significantly reduced the loading 

from Jem Farm. Undocumented changes to the internal drainage system of ZDWCD in 

1991 may also have reduced their discharges. Discharges to Lake Level Canal from 

individual pumps on the ZDWCD were not monitored as part of the project in 1989 or 

1990. Thus it is not possible to define effects of changes in water management made 
SWIM Plan for Lake Apopka 

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522 

prior to the monitoring begun by the farmers in 1992. The reduction in farm 

phosphorus discharges after 1991 was primarily the result of reduction in loading from 

Jem Farm, as a result of a lower volume of discharge. 

The next most important source of phosphorus to the lake was rainfall, which 

contributed an average of 5.0 t TP per year over the six years. Apopka Spring and the 

tributaries each contributed approximately 1.4 t TP annually. All other sources (Winter 

Garden Pollution Control Facility, Scotts Hyponex Corporation Peat Mine, stormwater 

runoff, and seepage into the lake) contributed 1.7 t TP/yr combined. 

Losses of TP from the lake, primarily through the Apopka-Beauclair Canal, accounted 

for less than 20% of the inputs, with the exception of 1993 (66%) and 1994 (49%). 

Discharge volumes through the canal were relatively low during 1989 through 1993 (an 

average of 3,471 ha-m/year) compared to an average of 7,051 ha-m/year calculated 

from long-term records of discharge from the Apopka-Beauclair Lock and Dam. The 

average annual export of 9.95 TP from the Apopka-Beauclair Canal recorded in this 

study may be below the long-term average as a result. Net storage declined similarly to 

the decline in annual loading. Between 8 and 122 t of TP (depending on the year) 

remained in the lake each year. The lowest net annual storage of 8.4 t occurred in 1993. 

Stout, I.J., and R. Clerico. 2000. Rodent population study in the North Shore Restoration Area, 

Part 1 (survey of rodents near Lake Apopka). Special Publication SJ2000-SP2. Palatka, 

Fla.: St. Johns River Water Management District. 

PROJECT: North Shore Restoration (LA-3-303-M) 

EXECUTIVE SUMMARY

Eight small mammal trapping grids were established by stratified random placement 

within the 5,592-hectare (ha) Lake Apopka North Shore Restoration Area. Each grid was 

designed to sample approximately 0.5 ha with 49 Sherman traps spaced at 10-meter 

intervals. Traps were opened for two successive days at approximately five-day 

intervals for a total of eight days during November and December 1999. Limited 

trapping with Sherman live traps was conducted on transects and in farm buildings. A 

total of 3,456 trap nights were registered and 1,319 individuals of three species were 

captured. About 70% of the rodent captures were cotton rats (Sigmodon hispidus). Two 

hundred and thirty-four house mice (Mus musculus) were marked with numbered 

monel ear-tags and released at the point of capture. All house mouse captures were 
Appendix H 

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523 

marked on the grids. House mice were also ear-tagged on one trapping transect. The 

third species of rodent captured in the live traps was the rice rat (Oryzomys palustric). 

Captures per trap night was used as a standard metric to compare grids and relative 

abundance of species among grids. Capture success was very high due to the 

extraordinary numbers of cotton rats present in the abandoned muck farms. Capture 

success of house mice was much lower than for cotton rats. Nonetheless, markrecapture success was fairly poor for tagged house mice and may suggest a large pool 

of individuals from which the live-trapped samples were derived. Alternatively, a 

negative trap response on the part of tagged individuals may explain the low recapture 

success. 

High spatial variation in rodent abundance was observed. Food supply, vegetative 

cover, predators, and interactions among the rodents may have contributed to this 

variation. During the period of study, reproduction was essentially halted. Lactating 

female house mice were not observed. Male house mice were not observed to be in 

reproductive condition. Some evidence of reproduction was observed in December 1999 

when a single pregnant house mouse was captured. 

One possible explanation for the high number of rodents may be the occurrence of two 

successive mild winters in 1997 and 1998. Food and cover may have been sufficient to 

allow the local rodent population to outpace the normal limiting factors, for example, 

local predators and self-regulating mechanisms. Additional work is ongoing and will be 

presented in a future report. 

Stout, I.J., R. Clerico, and K.B. Clanton. 2001. Rodent population study in the North Shore 

Restoration Area, Part II (survey of rodents near Lake Apopka). Special Publication 

SJ2001-SP1. Palatka, Fla.: St. Johns River Water Management District. 

Project: North Shore Restoration (LA-3-303-M) 

EXECUTIVE SUMMARY

Eight small mammal trapping grids were established by stratified random placement 

within the 3,238-hectare North Shore Restoration Area (NSRA). Each grid was designed 

to sample approximately 0.5 hectare, with 49 Sherman traps spaced at 10-meter 

intervals. During phase I, traps were opened for two successive days at approximately 

five-day intervals for a total of eight days during November and December 1999. 

Limited trapping with Sherman live traps was conducted on transects and in farm 
SWIM Plan for Lake Apopka 

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524 

buildings. A total of 3,456 trap nights were registered and 1,319 rodents were captured. 

About 70% of the rodent captures were cotton rats (Sigmodon hispidus). Two hundred 

and thirty-four house mice (Mus musculus) were marked with numbered monel ear-tags 

and released at the point of capture. All house mouse captures were marked on the 

grids. House mice were also ear-tagged on one trapping transect. The third species of 

rodent captured in the live traps was the rice rat (Oryzomys palustric). 

Captures per trap night was used as a standard metric to compare grids and relative 

abundance of species among grids. Capture success was very high due to the 

extraordinary numbers of cotton rats present on the NSRA during phases I and II. 

Capture success of house mice was much lower than for cotton rats. Nonetheless, markrecapture estimates suggested that modest to very high densities of house mice were 

present in 1999. Recapture success was fairly poor for tagged house mice and may 

suggest a large pool of individuals from which the live-trapped samples were derived. 

Alternatively, a negative trap response on the part of tagged individuals may explain 

the low recapture success. 

High spatial variation in rodent abundance was observed. Food supply, vegetative 

cover, predators, and interactions among the rodents may have contributed to this 

variation. During phase I, reproduction was essentially halted. Lactating female house 

mice were not observed. Male house mice were not observed to be in reproductive 

condition. Some evidence of reproduction was observed in December when a single 

pregnant house mouse was captured. 

Numbers of house mice trapped during phase II were modest. House mice were present 

in the NSRA during the period from March through August 2000. However trap 

success was very low in all months in the NSRA and in the adjacent uplands. Removal 

of cotton rats on two of the grids in the NSRA did not result in more captures of house 

mice. Efforts to document the movement of house mice across the interface between the 

NSRA and the adjacent uplands proved unsuccessful. The failure of the removal studies 

to demonstrate the presence of house mice beyond those numbers observed in the 

controls supports the view that house mice numbers were depressed in 2000 relative to 

the levels observed in 1999. In addition, no evidence of house mouse dispersal was 

obtained. 

One possible explanation for the high number of rodents in 1999 may be the occurrence 

of two successive mild winters in 1997 and 1998. Food and cover may have been 

sufficient to allow the local rodent population to outpace the normal limiting factors, for 

example, local predators and self-regulating mechanisms. The drought conditions at the 

NSRA during the first six months of 2000 resulted in an obvious reduction in plant 

growth and cover. The apparent lack of population growth by house mice during 2000 
Appendix H 

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525 

was correlated with low rainfall conditions. At the population level, the lack of food 

and cover is the most likely proximal explanation for the low numbers of house mice 

observed during 2000. 

Future years may bring a resurgence of house mouse populations. Some limited 

monitoring may be prudent when higher than normal rainfall patterns coincide with 

frost-free winters. Control measures should be limited to the reduction of habitat along 

the eastern boundary of the NSRA. 

Thomas, C.C. 1991. Rough fish market survey final report. Special Publication SJ91-SP2. 

Palatka, Fla.: St. Johns River Water Management District. 

PROJECT: Trophic Structure Manipulation (LA-4-207-F) 

SUMMARY

This survey found that the current market for whole fresh or frozen gizzard shad is 

limited to local use as a trap bait for the commercial blue-crab fishery. The current exvessel price paid for whole shad is about $0.05 per pound. A survey of eastern seaboard 

and gulf states showed that little potential exists for increased demand for a whole fresh 

or frozen gizzard shad product. 

The domestic and international market potential for food source components derived 

from gizzard shad is favorable. Canned and fresh deboned gizzard shad fish flesh 

products developed as part of this project tested well and show good future market 

potential. Markets also appear favorable for shad “roe” and “gizzards” as specialty 

items. It is estimated that development of a food source component market would 

increase the ex-vessel price for gizzard shad to about $0.15 to $0.20 per pound. Further 

development of food source components is recommended. 

The current and future market potential for industrial products derived from gizzard 

shad is limited. Large supplies of competitive industrial fish species are currently 

available at prices of about $0.03 per pound. It would be difficult for gizzard shad to 

compete in established fish meal and pet food markets. Any potential for market 

development of gizzard shad as a fertilizer would require location of processing 

facilities near the source of fish. One industrial application, which shows some market 

potential, is the development of a shelf-stable pelletized commercial trap bait made 

from gizzard shad whole fish or waste. Establishment of this market would require 

additional product development work. 
SWIM Plan for Lake Apopka 

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526 

This information is being used to evaluate current and potential markets for gizzard 

shad. Development of markets for harvested fish could establish the feasibility of a Lake 

Apopka restoration method by rough fish removal, which could be supported primarily 

from revenue generated by the sale of harvested gizzard shad. This report concludes 

that the current value of gizzard shad is too low for unsubsidized harvest; however, the 

potential for development of food products from this fish is positive, and such 

development could increase the value of gizzard shad to a level where subsidizing the 

harvest would not be required. 
Appendix I 

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527 

APPENDIX I—CONSENT ORDERS 

The following documents were reproduced from scanned images utilizing optical 

character recognition technology. Every effort was made to ensure that these are 

accurate reproductions of the original documents, but in some cases, the documents 

may appear different from the original forms. 

1. St. Johns River Water Management District v. A. Duda and Sons, Inc., Consent 

Order ...................................................................................................................................529 

2. In Re: A. Duda and Sons, Inc., Amendment to Consent Order..................................566 

3. A. Duda and Sons, Inc. vs. St. Johns River Water Management District, Settlement 

Agreement .........................................................................................................................567 

4. Consent Order between St. Johns River Water Management District and Zellwood 

Drainage and Water Control District .............................................................................571 

5. In Re: Consent Order between St. Johns River Water Management District and 

Zellwood Drainage and Water Control District, Agreement for Modification of 

Consent Order....................................................................................................................586 

6. In Re: Consent Order between St. Johns River Water Management District and 

Zellwood Drainage and Water Control District, Second Agreement for Modification 

of Consent Order ...............................................................................................................589 

7. In Re: Consent Order between St. Johns River Water Management District and 

Zellwood Drainage and Water Control District, Third Agreement for Modification 

of Consent Order ...............................................................................................................592 

8. In Re: Consent Order between St. Johns River Water Management District and 

Zellwood Drainage and Water Control District, Fourth Agreement for Modification 

of Consent Order ...............................................................................................................594 

9. In Re: Consent Order between St. Johns River Water Management District and 

Zellwood Drainage and Water Control District, Fifth Agreement for Modification of 

Consent Order....................................................................................................................606 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

528 

10. In Re: Consent Order between St. Johns River Water Management District and 

Zellwood Drainage and Water Control District, Seventh Agreement for 

Modification of Consent Order .......................................................................................609 

11. In Re: Consent Order between St. Johns River Water Management District and 

Zellwood Drainage and Water Control District, Eighth Agreement for Modification 

of Consent Order ...............................................................................................................615 
Appendix I 

St. Johns River Water Management District

529 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 

ST. JOHNS RIVER WATER 

MANAGEMENT DISTRICT, 

 Complainant, 

V. FILE OF RECORD NO. 88-637 

A. DUDA AND SONS, INC., 

 Respondent. 

CONSENT ORDER 

Pursuant to the provisions of Sections 403.121(2), 373.129, and 120.57(3), Florida 

Statutes, and Florida Administrative Code Subsection 17-103.110(3), this Consent Order 

is made and entered into between the St. Johns River Water Management District 

(District) and A. Duda and Sons, Inc. (Duda). 

The District finds and the Duda does not contest the following: 

1. The District is an administrative agency within the State of Florida having the 

power and duty to control and prohibit pollution of Florida’s water resources in 

accordance with Chapter 373 and Chapter 403, Florida Statutes, and the regulations 

promulgated thereunder. The District has jurisdiction over the matters addressed in this 

Consent Order. 

2. Duda is a corporation authorized under the laws of the State of Florida and 

having offices at 1975 W. S. R. 426, Oviedo, Florida 32765. 

3. Duda owns or controls property located at Sections 33, 24, 25, 26, Township 20 

South, Range 26 East; Sections 1, 2, 3, 4, 10, 11, 12, 14, 15, 22, 23, Township 21 South, 

Range 26 East; Sections 5, 6, 7, 8, Township 21 South, Range 27 East; Sections 31, 32, 

Township 20 South, Range 27 East, Orange and Lake Counties, Florida. 

4. Duda conducts agricultural operations on the above mentioned property. In 

carrying out these activities, Duda applies or causes to be applied fertilizers (organic 

and inorganic) and pesticides, irrigates and floods all or portions of the property at 

various times, and pumps excess waters to Lake Apopka and the Apopka-Beauclair 

Canal. 

5. The farming operations referred to in paragraph 4 above have caused effluent 

to be discharged into Lake Apopka and the Apopka-Beauclair Canal (the Canal), which 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

530 

the District contends have contributed to the degradation of Lake Apopka and the 

water bodies downstream of Lake Apopka. 

6. Lake Apopka is classified as a Class III water body, as that class is established at 

Florida Administrative Code Section 17-3.081. Lake Apopka is part of the Oklawaha 

River Basin Chain of lakes. Water quality in Lake Apopka has, over the last 40 years, 

deteriorated to the detriment of uses of the lake for recreation, and for propagation and 

maintenance of a well-balanced population of fish. This deterioration can be attributed 

to several factors to including the natural process of eutrophication, to past 

meteorological events, to the alteration of natural lake level cycles by construction of a 

lake level control structure, to rough fish and hyacinth control practices, to discharges 

of domestic wastewater, to discharges of industrial wastestreams of various types, and 

to discharges from a number and variety of different agricultural operations. Because of 

conditions resulting from these contributors, the lake no longer consistently nor 

uniformly conforms to the use criteria for Class III waters as stated at Florida 

Administrative Code Section 17-3.081. 

7. The Florida Department of Environmental Regulation on April 12, 1982, issued 

to the Central Florida Agricultural Institute a permit (No. IT48-47962) for the temporary 

operation of a pollution source (T.O.P.), pursuant to Florida Statutes Section 403.088. 

The T.O.P. was designed in part to facilitate the development and implementation of 

comprehensive and effective pollution control methods for protecting Lake Apopka and 

associated downstream water bodies. The Central Florida Agricultural Institute was an 

unincorporated association of farmers whose operations were located in and around 

Lake Apopka, in which Duda was included. The permit required monitoring of the 

discharges from the various farms included in the Central Florida Agricultural Institute 

in accordance with a program prepared by a consultant entitled Central Florida 

Agricultural Institute Proposed Monitoring Program, December 1981, and contained a 

compliance schedule ultimately requiring “construction” by April 1, 1987. The final 

report of Duda’s consultant indicated that, with respect to Duda, recommended 

improvements including (1) installation of a stage recording device in the recycle 

ponds; (2) expansion of the smaller flow-through pond, in addition to planting with 

certain aquatic vegetation, and (3) installation of an improved effluent distribution 

system in the larger flow-through pond. In spite of the issuance of the T.O.P. and the 

report of Duda’s consultant, the District contends that no comprehensive and effective 

pollution control methods for protecting Lake Apopka and associated downstream 

water bodies have been developed which might qualify Duda for an operation permit. 

8. Duda, in recognition of the need to address the deteriorated water quality 

condition of Lake Apopka, and in order to respond to water quality concerns expressed 

by the Department of Environmental Regulation and by the District, proposes herein a 
Appendix I 

St. Johns River Water Management District

531 

major restructuring of the surface water control system contained within its operation at 

Lake Apopka which is designed to significantly reduce the volumes of water 

discharged to Lake Apopka and the Canal and to improve the quality of any waters 

discharged from its system. 

9. Duda agrees that the discharge from its agricultural operation into Lake 

Apopka may be subject to the requirements for one of several permit programs 

administered by the District. 

10. The District contends that the discharge from Duda’s agricultural operation on 

Lake Apopka without first being subject to a valid operating permit is a violation of 

Florida Administrative Code Chapter 17-4. 

11. The District contends that the discharge from Duda’s agricultural operation on 

Lake Apopka causes or contributes to violations of Florida Administrative Code 

Sections 17-3.061 and 17-3.121. 

12. Duda shall, for the farm east of the Apopka-Beauclair Canal, implement the 

following construction activities and time schedule: 

A. Within one hundred eighty (180) days of the effective date of this Consent 

Order, Duda shall submit to the District six (6) copies of drawings, signed and sealed by 

a professional engineer registered in the State of Florida, showing a redesigned 

drainage system, a retention/detention pond or ponds with a minimum surface area of 

256 acres, pump stations, and other water management structures. The drawings shall 

substantially conform to Exhibit A, and must be a plan view and also show cross 

sections, giving invert elevations of pumps, elevations of outfall structures from ponds, 

elevations of top of dike of detention/retention ponds, and bottom elevations of 

detention/retention ponds. These drawings will be part of a Management and Storage

of Surface Waters (MSSW) permit application pursuant to Chapter 40C-4, Florida 

Administrative Code, for construction and operation of the ponds and redesigned 

drainage systems. Concurrent with the submittal of the redesign of the drainage system, 

Duda shall submit an operation plan for the proposed drainage system. Duda shall 

maximize the use of water from the detention/retention ponds for irrigation purposes. 

The construction plans shall include a real time rain gauge and stage recorder which 

shall be installed next to the outfall structures for each pond and the outfall structures 

shall be a fixed crest weir in nature set at a predetermined elevation. Duda shall have 

sixty (60) days to fully respond to any requests for additional information, should such 

a request be necessary. To minimize the chances that additional information will be 

requested following submission of the redesign plan, District and Duda agree to meet 

as needed prior to actual submission of the redesign plan; 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

532 

B. In conjunction with or in advance of the submission of its MSSW permit 

application, Duda may submit to the District a general design plan for the redesigned 

drainage system which is to be permitted. The District staff may authorize 

commencement of construction on certain portions of the redesigned system prior to 

issuance of the MSSW permit, but such authorization must be in writing, approved by 

the Executive Director, and no construction may commence by Duda pursuant to this 

section until such written authorization is obtained. 

C. Within one hundred twenty (120) days from issuance of an MSSW permit 

by the Distict, Duda shall commence construction of the detention/retention and 

redesigned drainage system; 

D. Within eighteen (18) months of commencement of Duda shall have 

completed construction of the redesigned drainage system and the detention/retention 

ponds; 

E. With sixty (60) days after the completion of the construction of the 

detention/retention ponds and the redesigned drainage system, Duda shall have the 

professional engineer of record certify that the construction is complete, built as shown 

in the plans and is operational; 

13. Duda shall conduct a study to determine optimal water use efficiency the goal 

of which shall be to reduce to the maximum extent feasible and, if possible, eliminate 

withdrawals of water from Lake Apopka. Said study shall be submitted within one (1) 

year after certification of the constructed system. This shall not affect any action which 

the District may take in regard to Duda’s CUP application which is presently pending 

before the District. 

14. Duda shall conduct and complete within two years of the issuance of the 

MSSW, a water quality study with the purpose to devise and implement a monitoring 

plan and investigate additional strategies which would enable Duda to further reduce 

nutrient loading to Lake Apopka and other affected water bodies resulting from Duda’s

farming activities. 

15. The District is presently conducting studies which will result in a nutrient 

budget for Lake Apopka. As a result of these studies, nutrient limitations may be placed 

upon Duda and other dischargers into the lake. 

16. Duda shall, before the date of certification of the constructed drainage system 

by the engineer of record, apply for an obtain a temporary operating permit pursuant to 
Appendix I 

St. Johns River Water Management District

533 

Florida Administrative Code Section 17-4.250. Said application shall contain as a 

necessary part thereof the results and recommendations of the study required under 

paragraph 14 above. Said temporary operating permit issued by District shall be issued 

for a term of five (5) years. Prior to the expiration date of the T.O.P., Duda shall apply 

for an operating permit pursuant to the requirements of Florida Administrative Code 

Chapter 17-4. The District shall, based on external and internal nutrient budget studies 

to be conducted by the District, and data supplied by Duda pursuant to studies

required under paragraph 14 above, evaluate the assimilative capacity of the lake and 

apply either performance standards or water quality based limitations which have been 

promulgated by rule and incorporate into said operating permit such standards or 

limitations. 

17. Duda and District acknowledge the District seeks to purchase Duda’s property 

west of the Canal in connection with the Lake Apopka Marsh Flow Way Restoration 

Project, and that therefore construction on Duda’s property west of the Canal shall not 

be necessary at this time. In the event the property is not purchased on or before 

October 1, 1989, the District and Duda shall enter into negotiations regarding 

construction requirements west of the Canal. 

18. Within thirty (30) days of the effective date of this Consent Order, Duda shall 

consult with either the U.S.D.A. Soil Conservation Service or the appropriate local soil 

and water conservation district, organized pursuant to Chapter 582, Florida Statutes, 

with respect to the conduct of site assessments using the most recent “Guide for 

Determining Agricultural Best Management Practices” published jointly by the U.S. 

Environmental Protection Agency, Region IV, Atlanta, Georgia, and the U.S.D.A. Soil 

Conservation Service, Gainesville, Florida, as well as appropriate Technical Guides of 

the Soil Conservation Service and develop in coordination with that agency an 

Agricultural Conservation Plan for all the farm lands under the control of Duda on Lake 

Apopka. A copy of the Agricultural Conservation Plan shall be prepared and shall be 

submitted to the District by Duda following review by the agency. These plans shall be 

submitted to the District, within one (1) year of the effective date of this Consent Order. 

Within eighteen (18) months from the effective date of this Consent Order, the 

approved plan shall be implemented. Duda shall, on a quarterly basis from the effective 

date of this Consent Order, notify the District in writing of the status of the plans and 

the anticipated date of submittal of the approved Agricultural Conservation Plan. The 

quarterly reports shall be due within thirty (30) days after the end of the quarter. 

19. Duda shall, within sixty (60) days of the effective date of this Consent Order, 

have a professional engineer registered in the State of Florida, develop for Duda’s use 

and submit to the District six (6) copies of a field calibrated water discharge pump curve 

for each pump that discharges directly or indirectly to surface waters of the State so that 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

534 

accurate pumping quantities can be determined. Within forty-five (45) days of the 

effective date of this Consent Order, Duda shall install on all such pumps an accurate 

means to determine the water volume pumped. 

20. Duda shall maintain accurate pumping records showing hours pumped, 

gallons pumped, and the time the pump started and stopped. Duda shall maintain 

accurate daily rainfall data. Duda shall maintain records of daily water levels via 

recording staff gauges in the detention/retention ponds. Six (6) copies of these records 

shall be submitted to the District on a quarterly basis from the effective date of this 

Consent Order within thirty (30) days of the end of the quarter. 

21. Duda shall, within thirty (30) days of completion of construction of the 

redesigned system, implement a monitoring program to sample its discharges to Lake 

Apopka and associated water bodies, based upon a water quality study to be 

commenced within thirty (30) days of the effective date of this Consent Order. During 

the period between the effective date of this Consent Order and the date the redesigned 

drainage system becomes operational, Duda shall implement an interim monitoring 

program to sample its discharge to Lake Apopka. The interim monitoring program shall 

provide the following: Duda shall sample the first pump event at each pump station 

following the effective date of this Consent Order and every tenth pump event at each 

pump station thereafter. Each event shall be sampled every other hour and contaminant 

content for the event determined on the following three subsamples: the first sample 

collected after the discharge period has started, half way through the discharge period, 

and at the end before the discharge is stopped. The parameters to be sampled are Total 

Kjeldahl Nitrogen (TKN), Nitrate + Nitrate Nitrogen (N02 + N03N), Ammonia - 

Nitrogen (NH3-N), Total Phosphorous (TP), temperature, Biochemical Oxygen Demand 

(BOD) (5 day), Total Suspended Solids (TSS), Total Organic Carbon, (TOC), Turbidity, 

Specific Conductivity, field pH, Dissolved Oxygen (DO), orthophosphorus and those 

Pesticides/Herbicides listed at F.A.C. 17-3.121(20) which have actually been applied to 

the area being drained by the pump being sampled prior to the pump event and since 

the last previous sample collected at said pump. Duda may use the results of the 

District’s sampling programs for part or all of the required monitoring if the required 

method and parameters are sampled by the District. Duda is responsible for notifying 

the District that sampling done by someone other than Duda is going to be relied upon 

by Duda. 

22. Within forty-five (45) days of the effective date of this Consent Order, Duda 

shall submit to the District six (6) copies of a proposed Quality Assurance Project Plan 

(QAPP). The QAPP shall apply to all sampling and the analysis required by this 

Consent Order. The QAPP shall be prepared in accordance with the requirements set 

forth in the document titled :DER Guidelines for Preparing Quality Assurance Plans 
Appendix I 

St. Johns River Water Management District

535 

DER-QA-001/85, January 30, 1986”. A copy of the document is available upon request 

from the District. A QAPP is required for all persons collecting or analyzing samples. 

The District reserves the right to reject all results submitted by Duda which are not in 

accordance with Florida Administrative Code Section 17-4.246. 

23. The District shall review the proposed QAPP, and if the District determines that 

QAPP does not adequately address quality assurance as required by Paragraph 18, the 

District shall notify Duda in writing of the deficiencies. Duda shall then have 

twenty-one (21) days from receipt of the District’s written notification to resubmit the 

proposed QAPP addressing the deficiencies noted by the District. 

24. If the District determines, upon review of the resubmitted QAPP, that it still 

contains deficiencies the District shall again notify Duda in writing of any of its 

recommended modifications. This shall continue until the District determines their 

QAPP is acceptable. The QAPP shall become effective and shall be implemented upon 

receipt by Duda of the District’s written notification of the District’s approval of the 

QAPP. Duda shall incorporate all recommended modifications identified by the 

District. 

25. Duda shall provide, on a quarterly basis from the effective date of this Consent 

Order, a list of pesticides listed in Section 17-3.121(20), Florida Administrative Code, 

(general and restricted use), used on the farm for the preceding quarter. The list must be 

received by the District: within thirty (30) days of the next quarter. The information 

submitted pursuant to this paragraph is considered trade secrets and shall be kept 

confidential by the district pursuant to Sec. 403.73 Fla. Statutes. 

26. Duda shall maintain all pumps, control structures, riser boards, pipes, flapper 

gates, and any other structures in good working condition to control backflow. 

27. Duda shall commence all necessary repairs within thirty (30) days of discovery. 

Duda shall notify the District, in writing, within five (5) days after the repairs have been 

completed, as to what repairs have been made, unless for good cause shown said notice 

cannot be made within five (5) days. If more than five (5) days will be needed, Duda 

will notify the District. 

28. Duda shall have the responsibility to assure that the pumps on site are only 

utilized in accordance with this Consent Order or other District permit. 

29. Duda shall allow authorized representatives of the District and DER access to 

the property at reasonable times for the purpose of determining compliance with this 

Consent Order and the rules and regulations of the District, and monitoring. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

536 

30. The District hereby expressly reserves the right to initiate appropriate legal 

action to prevent or prohibit future violations of applicable statutes or the rules 

promulgated thereunder. 

31. The District, for and in consideration of the complete and timely performance 

by Duda of the obligations agreed to in this Consent Order, hereby waives its right to 

seek judicial imposition of damages, or civil or criminal penalties for alleged violations 

outlined in this Consent Order. Duda waives its right to an administrative hearing on 

the terms of this Consent order under Section 120.57, Florida Statutes, and its right to 

appeal this Consent Order pursuant to Section 120.68, Florida Statutes. 

32. Entry of this Consent Order does not relieve Duda of the need to comply with 

applicable federal, state, or local laws, regulations, or ordinances, including Chapter 

40C-3(?), Florida Administrative Code. The entry of this Consent order does not 

abrogate the rights of the substantially affected persons who are not parties to this 

order, pursuant to Chapter 120, Florida Statutes. 

33. The terms and conditions set forth in this Consent order may be enforced in a 

court of competent jurisdiction pursuant to Sections 120.69 and 403.121, Florida 

Statutes. Failure to comply with the terms of this Consent order shall constitute a 

violation of Section 403.161(l)(b), Florida Statutes. 

34. No modification of the terms of this Consent Order shall be effective until 

reduced to writing and executed by both Duda and the District. The terms of this 

Consent Order will have been violated should Duda’s redesign plan be determined to 

be not in compliance with the terms and conditions of this consent order. This Consent 

Order will terminate should Duda be issued a T.O.P. or an operation permit. 

35. All reports, plans, or data required by this Consent order to be submitted to the 

District should be sent to: 

 Mr. Jeffrey Elledge, Director 

 Department of Resource Management 

 St. Johns River Water Management District 

Post Office Box 1429 

 Palatka, FL 32078-1429 

36. Duda shall publish, at its expense within twenty-one (21) days of the date that 

this Consent order has been signed by all parties, in the legal ad section of a newspaper 

of general circulation in both Lake and Orange Counties, Florida, the following notice: 
Appendix I 

St. Johns River Water Management District

537 

NOTICE OF PROPOSED AGENCY ACTION

The St. Johns River Water Management District gives notice 

of proposed agency action of entering into a Consent order 

with A. Duda and Sons, Inc. The Consent Order addresses 

the construction of retention ponds to hold the runoff from 

storm events before discharging to Water of the State. 

The Consent Order is available for public inspection during 

normal business hours, 8:00 a.m. to 5:00 p.m., Monday 

through Friday, except legal holidays, at the St. Johns River 

Water Management District, Post office Box 1429, Palatka, 

Florida 32078-1429. 

Persons whose substantial interests are affected by the above 

proposed agency action have a right pursuant to Section 

120.57, Florida Statutes, to petition for administrative 

determination (hearing) on the proposed action. The petition 

must conform to the requirements of Florida Administrative 

Code Rule 28-5, and must be filed (received) with the St. 

Johns River Water Management District, Office of Legal 

Services, Port Office Box 1429, Palatka, Florida 32078-1429, 

within fourteen (14) days of publication of this notice. 

Failure to file a petition within the 14 days constitutes a 

waiver of any right such person has to an administrative 

determination (hearing), pursuant to Section 120.57, Florida 

Statutes. 

If a petition is filed, the administrative hearing process is 

designed to formulate agency action. Accordingly, the 

District’s final action may be different from the proposed 

agency action. Persons whose substantial interests will be 

affected by any decision of the District have a right to 

intervene in the proceeding. A petition for intervention must 

be filed pursuant to Model Rule 28-5.207, Florida 

Administrative Code, at least five (5) days before the final 

hearing and be filed with the Hearing Officer if one has been 

assigned at the Division of Administrative Hearings, 

Department of Administration, The Oakland Building, 2009 

Apalachee Parkway, Tallahassee, Florida 32399-1500. If no 

Hearing Officer has been assigned, the petition is to be filed 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

538 

with the St. Johns River Water Management District, Office 

of Legal Services, Post Office Box 1429, Palatka, Florida 

32078-1429. Failure to petition to intervene within the 

allowed time frame constitutes a waiver of any right such 

person has to an administrative determination (hearing) 

under Section 120.57, Florida Statutes. 

Duda shall provide proof of publication to the District 

within fourteen (14) days of this notice. 

37. This Consent Order shall take effect upon the date of filing and 

acknowledgement by the Clerk of the District unless a Petition for Administrative 

Hearing is filed in accordance with Chapter 120, Florida Statutes, and it shall constitute 

final agency action by the District pursuant to Section 120.69, Florida Statutes, and 

Florida Administrative Code Subsection 17103.110(3). Upon the timely filing of a 

petition, this Consent Order will not be effective until further order of the District. 

37. The provisions of this Consent Order shall apply to and be binding upon the 

parties, their officers, directors, agents, servants, employees, successors, and assigns and 

all persons, firms and corporations acting under, through or for them and upon those 

persons, firms and corporations in active concert or participation with them. 

DONE AND ORDERED this 16th day of June, 1988, in Palatka, Putnam County, Florida. 

 FOR RESPONDENT: 

 A. DUDA AND SONS, INC. 

June 16, 1988 BY: 

date 

 ST. JOHNS RIVER WATER 

 MANAGEMENT DISTRICT 

June 16, 1988 BY: 

date JOHN L. MINTON 

 CHAIRMAN, GOVERNING BOARD 

RENDERED this 21st day of June, 1988. 
Appendix I 

St. Johns River Water Management District

539 

FILING AND ACKNOWLEDGMENT TO 

120.52 (9) Florida Stautes with the designated 

District Clerk, receipt of which is herebyacknowledged. 

RUTH D. HEDSTROM DISTRICT CLERK 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

540 

A. DUDA & SONS, INC. 

WATER BUDGET 

April 1988 

Prepared by: 

APPLIED TECHNOLOGY AND MANAGEMENT, INC. 

502 NW 75TH STREET, SUITE 95 

GAINESVILLE FLORIDA 32607 

(904) 375-8700 

Exhibit A 
Appendix I 

St. Johns River Water Management District

541 

BACKGROUND

A. Duda and Sons, Inc. (Duda) owns and operates Lake Jem Farm, located on the 

northern shore of Lake Apopka in Central Florida approximately 15 miles northwest of 

Orlando (see Figure 1). It consists of approximately 2940 acres of muck (organic soil) 

bounded by dikes and situated on the east side of the Apopka-Beauclair Canal. 

Duda conducts agricultural operations on the property. In carrying out these activities, 

Duda applies or caused to be applied fertilizers (organic and inorganic) and pesticides, 

irrigates and floods portions of the property at various times, and pumps excess waters 

to Lake Apopka and the Apopka-Beauclair Canal. 

In addition to Lake Jem Farm, Lake Apopka is bordered by other muck farms to the 

north, and by citrus groves to the east, south and west. The city of Winter Garden lies 

on the lake’s south-eastern shore. 

Lake Apopka is classified as a Class III water body, as defined in Florida Administrative 

Code Section 17-3.081. Water quality in Lake Apopka has, over the last forty years, 

deteriorated to the detriment of uses of the lake for recreation, and for propagation and 

maintenance of a well-balanced population of fish. This deterioration can be attributed 

in part to the natural process of eutrophication, to past meteorological events, to the 

alteration of natural lake level cycles by construction of a lake level control structure, to 

rough fish and hyacinth control practices, to discharge of domestic wastewater, to 

discharges of industrial wastestreams of various types, and to discharges from a 

number and variety of different agricultural operations. Because of conditions resulting 

from these contributors, the lake no longer consistently nor uniformly conforms to the 

use criteria for Class III waters as stated in Florida Administrative Code Section 17-

3.081. 

The Florida Department of Environmental Regulation on April 12, 1982, issued to the 

Central Florida Agricultural Institute a permit (No. IT48-47962) for the temporary 

operation of a pollution source, pursuant to Florida Statutes Section 403.088. The 

Central Florida Agricultural Institute was an unincorporated association of farmers 

whose operations were located in and around Lake Apopka, in which Duda was 

included. The permit required monitoring of the discharges from the various farms 

included in the Central Florida Agricultural Institute (CFAI) in accordance with a 

program prepared by a consultant entitled 

Appendix I 

St. Johns River Water Management District

543 

Central Florida Agricultural Institute Proposed Monitoring Program, December 1981, 

and contained a compliance schedule ultimately requiring “construction” by April 1, 

1987. The final report of the consultant indicated that, with respect to Duda, 

recommended improvements including: (1) installation of a stage recording device in 

the recycle ponds; (2) expansion of the smaller flow-through pond, in addition to 

planting with certain aquatic vegetation; and (3) installation of an improved effluent 

distribution system in the larger flow through pond. Subsequent discussions between 

the Department of Environmental Regulation and Duda indicated that the Department 

would not deem the improvements sufficient under Florida Statutes Section 403.088. 

The District and the Florida Department of Environmental Regulation, on January 4, 

1986, entered into an “Operating Agreement Concerning Stormwater Discharge 

Regulation and Dredge and Fill Regulation” by which the Department agreed to take 

such steps necessary to delegate to the District, inter alia, industrial discharge 

permitting for agricultural discharges and permitting of stormwater discharge facilities, 

except for those relating to solid, hazardous, domestic or industrial waste facilities. 

Duda, in order to respond to water quality concerns expressed by the Department of 

Environmental Regulation and by the District, proposed a major restructuring of the 

surface water control system contained within its operation at Lake Apopka which 

would be designed to significantly reduce the volumes of water discharged to Lake 

Apopka and the Canal. 

The system will incorporate ponds for management, retention and/or detention of 

stormwater, and for reduction of water inputs to the operation so as to provide for a 

significant reduction in the volume of discharges from Duda’s property. 

As a first step in the restructuring of the surface water management system Duda 

retained Applied Technology and Management, Inc. (ATM) in December 1987 to 

conduct a water balance study to determine appropriate system parameters to 

minimize, to the degree technologically and economically feasible, discharge volumes 

to Lake Apopka. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

544 

CROP AND LAND USE DATA

Table I summarizes the crop and land use data for the site. This information was 

developed based on farm records and interviews with the farm managers. It is an 

estimate of present practices and future intentions, however changes may occur with 

time as market demands and crop production technologies change. 

The total farm acreage consists of all land within the main dike with the exclusion of an 

existing 40 acre flow through pond. While the existing pond is within the main dike it 

has no significant effect on the functioning of the water management system and was 

not included in the analysis of the existing system. 

There are 2350 acres of farmed land at the site and 590 acres of “other” land which 

includes the farm canals, ditches and laterals, office, shop and processing areas, roads, 

and farm labor living area. 

Table 1 also shows an estimate of the timing and acreage of field flooding during the 

year. This activity would typically begin in May, peak in July and end in October. 
Table 1. Summary of Existing Crop and Land Use Practices 

Crop/Land Use (acres) 

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 

Carrots 860 940 810 580 260 0 0 90 430 790 1050 1280Celery 10 170 350 480 360 130 0 50 200 240 190 30Corn 0 0 90 770 1040 260 0 110 370 260 0 0Leaf 210 270 170 120 40 0 0 10 10 10 180 170Sod 350 350 350 350 350 350 350 350 350 350 350 350Total Cropped Land 1430 1730 1770 2300 2050 740 350 610 1360 1650 1770 1830Non-Cropped Land 

Flooded 0 0 0 0 200 1450 1600 1040 400 140 0 0

Not Flooded 920 620 580 50 100 160 400 700 590 560 580 520

Total 920 620 580 50 300 1610 2000 1740 990 700 580 520

Total Farmable Land 2350 2350 2350 2350 2350 2350 2350 2350 2350 2350 2350 2350Other Lands 590 590 590 590 590 590 590 590 590 590 590 590Total Land 2940 2940 2940 2940 2940 2940 2940 2940 2940 2940 2940 2940

Sources: Applied Technology and Management, Inc., 1988  A. Duda and Sons, Inc., 1988 St. Johns River Water Management District

545

Appendix I
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

546 

HYDROLOGIC INPUTS AND OUTPUTS

Three hydrologic components affecting the water management system operation are 

rainfall, evaporation, evapotranspiration and seepage from the lake to the farm. This 

section presents the assumptions and values of these parameters used in the analysis. 

Based on a review of regional geology, leakance to deeper lithologic zones was assumed 

to be negligible. 

Table 2 presents the average annual rainfall, evaporation and potential 

evapotranspiration rates used in the water balance by month. Rainfall data was taken 

from a summary prepared by the District (1986) for Clermont. Potential 

evapotranspiration was taken from Smajstrla, et al. (1984) for Orlando and is based on 

the Penman method using 25 years of data. Annual lake evaporation was determined 

from Visher and Hughes (1975) and distributed over the year in the same ratios as the 

distribution of potential evapotranspiration. 

Table 3 presents the average crop and surface coefficients used to estimate actual 

evaporation and evapotranspiration rates for the site. The corn and sod coefficients are 

based on data presented in Jones, et al. (1984). The flooded land coefficient is the ratio of 

annual pan evaporation to annual potential evapotranspiration. The remaining land use 

coefficients were estimated based on soil type, length of cropping season and the Soil 

Conservation Service seasonal consumptive use crop coefficients as listed in Technical 

Release 21 (SCS, 1970). Table 4 presents the estimated actual evaporation and 

evapotranspiration rates used in the water balance. 

Table 5 presents an analysis of the remaining hydrologic component, seepage. An 

estimate of hydraulic conductivity was obtained from District staff who have collected 

preliminary data from an ongoing project at Lake Apopka with a data collection site at 

the Lake Jem farm. Flow path length and thickness were also determined with District 

data from the same site. This data was used in Darcy’s equation, to determine flow per 

unit length and total seepage flow into the farm on a monthly basis. Average monthly 

water levels were determined for Lake Apopka at Winter Garden for the period 1960 

through 1984 and 1986 for input to Darcy’s equation. The existing average annual 

seepage into the farm from the surrounding water bodies is approximately 3566 acrefeet under existing conditions. 
Appendix I 

St. Johns River Water Management District

547 

Table 2. Rainfall, Evaporation, and Evapotranspiration for Project Location 

Item Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 

Rainfall 

(inches) 2.27 2.91 3.15 2.71 3.82 7.12 7.83 7.18 6.53 2.99 1.67 2.25 50.43

Lake 

Evaporation 

(inches) 

2.32 2.80 4.19 5.09 5.69 5.09 5.17 4.9 4.3 3.61 2.7 2.15 48.01

Potential 

Evaporation 

(inches) 

2.71 3.33 4.60 5.62 6.28 5.85 5.85 5.31 4.64 4.01 3.03 2.5 53.73

Sources: Applied Technology and Management, Inc. 1988 

 St. Johns River Water Management District, 1986 

 Visher and Hughes, 1975 

 Smajstrla, et al., 1984 

Table 3. Land Use Evaporation and Evapotranspiration Coefficients 

Land Use Coefficient 

Carrots 0.85 

Celery 0.85 

Corn 0.9 

Leaf 0.8 

Sod 0.9 

Flooded Non-cropped Land 1.3 

Non-flooded Non-cropped Land 0.75 

Other Lands 0.5 

Sources: Applied Technology and Management, Inc., 1988 

 Jones, et al., 1984 
Table 4. Summary of Estimated Evaporation and Evaporation Rates 

Estimated Evaporation or Evapotranspiration (inches) 

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 

Carrots 2.30 2.83 3.91 4.78 5.34 4.97 4.97 4.51 3.94 3.41 2.58 2.13 45.67Celery 2.30 2.83 3.91 4.78 5.34 4.97 4.97 4.51 3.94 3.41 2.58 2.13 45.67Corn 2.44 3.00 4.14 5.06 5.65 5.27 5.27 4.78 4.18 3.61 2.73 2.25 48.36Leaf 2.17 2.66 3.68 4.50 5.02 4.68 4.68 4.25 3.71 3.21 2.42 2.00 42.98Sod 2.44 3.00 4.14 5.06 5.65 5.27 5.27 4.78 4.18 3.61 2.73 2.25 48.36Flooded, Non-cropped Land 

3.52 4.33 5.98 7.31 8.16 7.60 7.60 6.90 6.03 5.21 3.94 3.25 69.85

Non-Flooded NonCropped Land 2.03 2.50 3.45 4.22 4.71 4.39 4.39 3.98 3.48 3.01 2.27 1.88 40.30Existing Water Management Ponds 

2.32 2.80 4.19 5.09 5.69 5.09 5.17 4.90 4.30 3.61 2.70 2.15 48.01

Other Lands 1.36 1.67 2.30 2.81 3.14 2.93 2.93 2.66 2.32 2.01 1.52 1.25 26.87

Source: Applied Technology and Management, Inc., 1988 

St. Johns River Water Management District

548 

SWIM Plan for Lake Apopka 
Table 5. Steady State Seepage Through the Berm 

Parameter Units Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mean Total Lake water elevation 

ft MSL 66.7 66.8 66.8 66.6 66.2 66.1 66.0 66.4 66.7 66.7 66.6 66.6 66.5

Canal water elevation 

ft MSL 62.5 62.5 62.5 62.5 62.5 62.5 62.5 62.5 62.5 62.5 62.5 62.5 62.5

Hydraulic Conduct. 

ft/d 13.8 13.8 13.8 13.8 13.8 13.8 13.8 13.8 13.8 13.8 13.8 13.8 13.8

Flow length ft 105.0 105.0 105.0 105.0 105.0 105.0 105.0 105.0 105.0 105.0 105.0 105.0 105.0Flow thick. ft 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15.0Flow/Unit Length 

ft3/d 8.2 8.5 8.5 8.1 7.3 7.1 7.3 7.7 8.2 8.3 8.0 8.0 7.9

Berm Length ft 53,600 53,600 53,600 53,600 53,600 53,600 53,600 53,600 53,600 53,600 53,600 53,600 53,600Total flow ft3/d 440,690 454,430 457,600 433,300 392,080 381,510 389,970 413,220 440,690 444,920 431,180 429,070 425,722 5,534,382 ac-ft/d 10.12 10.43 10.51 9.95 9.00 8.76 8.95 9.49 10.12 10.21 9.90 9.85 9.77 127.00 ac-ft/mo 314 292 326 298 279 263 278 294 304 317 297 305 297 3,566

Source: Applied Technology and Management, Inc. 1988 

St. Johns River Water Management District

549

Appendix I
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

550 

EXISTING SYSTEM

This section presents the discharge characteristics of the existing site water management 

system. Table 6 presents the estimated flow rates of the pump stations on the farm, 

taken from the CFAI Water Quality Monitoring Report (Post, Buckley, Schuh & 

Jernigan, Inc., 1985). The pump station locations are shown in Plate 1. 

Hours of operation were recorded by Duda for each pump station for the period 1985 

through 1987. These values were multiplied by the appropriate flow rate from Table 6 

to obtain the estimated monthly flows shown in Table 7. The resulting average annual 

discharge volume for this period was 5351.3 million gallons which is equivalent to an 

average continuous discharge rate of 22.7 cfs or a depth of approximately 67 inches per 

year over the 2940 acres. 

Based on available rainfall data at Clermont the period 1985 through 1987 was near 

normal (within 5%) on an annual basis, as shown in Table 8. Therefore the average 

discharge, as determined from the three years of record, was used as the condition 

against which to compare the performance of subsequent proposed designs. 

Table 6. Drainage Pump Flow Rates 

Flow Rate 

Pump (gpm) (cfs) 

D-1 40000 89.1 

D-5 15000 33.4 

D-6 27000 60.2 

D-7 15000 33.4 

D-8 27000 60.2 

D-9 27000 60.2 

D-10 27000 60.2 

D-11 10000 22.3 

Total Capacity 188000 418.9 

Sources: A. Duda & Sons, Inc., 1988 

 Post, Buckley, Schuh & Jernigan, Inc., 1985 
Table 7. Estimated monthly flows. 

1986 D-1 81.6 0.0 0.0 0.0 0.0 0.0 6.0 0.0 0 0.0 0.0 0.0 0.0 81.6 6.8  D-5 41.4 0.0 0.0 0.0 0.0 0.0 99.2 0.0 0.0 0.0 69.8 0.0 210.4 17.5  D-6 46.2 8.1 26.9 39.7 94.9 48.7 5.3 50.3 134.8 21.1 83.1 132.1 691.1 57.6  D-7 87.6 85.0 84.9 71.2 74.1 139.7 171.9 134.3 69.3 81.2 117.9 62.1 1179.4 98.3  D-8 136.3 175.0 70.6 67.1 99.5 112.5 151.3 130.2 20.0 42.8 23.5 missing 1028.9 85.7  D-9 75.0 0.0 0.0 0.0 16.7 0.0 0.0 87.5 112.4 154.2 65.5 91.6 603.0 50.2  D-10 79.7 24.3 45.8 85.0 220.3 301.6 162.3 104.2 107.0 56.9 71.4 39.1 1297.7 108.1  D-11 22.3 13.5 11.5 27.0 33.6 27.1 15.0 48.0 13.4 11.6 65.0 24.2 312.2 26.0  Total 570.1 305.9 239.7 290.0 539.2 629.6 605.1 554.6 456.9 367.8 496.2 349.2 1987 D-1 0.0 0.0 156.2 172.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 329.0 27.4  D-5 0.0 0.0 69.3 192.6 23.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 285.4 23.8  D-6 51.9 99.1 161.1 0.0 22.7 0.0 missing 0.0 0.0 0.0 110.6 161.1 606.5 50.5  D-7 86.9 86.6 136.8 0.0 51.3 144.5 188.3 144.9 164.0 127.8 161.3 36.9 1329.3 110.8  D-8 44.3 41.0 77.0 38.9 84.9 27.8 230.9 24.8 21.7 0.0 0.0 0.0 591.1 49.3  D-9 62.0 76.8 180.1 87.7 45.6 108.7 230.9 159. 1 119.1 125.1 206.4 95.7 1497.0 124.8  D-10 93.2 128.8 131.2 117.0 33.1 50.2 102.2 227.7 151.5 157.7 149.9 52.4 1394.9 116.2  D - 11 13.8 4.8 13.4 198.6 112.4 0.0 24.9 45.2 23.7 7.2 33.1 7.3 484.4 40.4  Total 352.1 437.6 925.2 807.6 373.5 331.2 777.1 601.7 479.9 417.8 661.3 353.4 

Sources: A. Duda & Sons, Inc., 1988 Notes: Average annual discharge volume 5351.3 million gallons 

Applied Technology and Management, Inc., 1988 

 Average continuous discharge rate = 22.7cft 

St. Johns River Water Management District

551

Appendix I
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

552 

Table 8. Average and 1985 through 1988 Monthly Rainfall at Clermont 

 Monthly 

Rainfall 

(inches) 

 

Month Average 1985 1986 1987 

January 2.27 1.40 9.41 ** 

February 2.91 1.07 1.89 3.17 

March 3.15 2.64 3.56 12.4 

April 2.71 0.96 0.72 0.52 

May 3.82 3.16 0.92 3.4 

June 7.12 11.63 8.69 3.88 

July 7.83 7.89 5.69 3.68* 

August 7.18 8.56 8.15 3.14 

September 6.53 7.18 4.03 --- 

October 2.99 2.94 1.68 --- 

November 1.67 0.3 1.39 --- 

December 2.25 2.91 2.45 --- 

Total 50.43 50.64 48.58 26.51 

Percent of 

Normal 

100.4% 96.3% 98.6% 

Sources: NOAA, 1987 

 Applied Technology and Management, Inc., 1988 

Notes: *One to nine daily values missing 

 **More than ten daily values missing 
Appendix I 

St. Johns River Water Management District

553 

FARM HYDROLOGY AND WATER BALANCE ANALYSIS

Based on the previously defined rainfall, evaporation, evapo-transpiration and seepage 

values the following observations can be made: 

1. In an average year rainfall will exceed evapotranspiration resulting in an 

average-net gain to the farm system. 

2. The farm is lower than the surrounding lake and canal levels. The dike 

material allows a significant volume of water into the farm (28.8% of the 

rainfall contribution), adding to the management problem. 

3. Because it is, on the average, a net gaining system, regular discharges will 

be required to maintain an economic and productive farm operation. 

4. One method of reducing discharges to the lake is to reduce the amount of 

withdrawal from the lake by use of a multi-purpose drainage detention 

and water supply pond. 

Therefore to assess the proposed surface water management systems a monthly water 

budget analysis was performed. The analysis divided the water management system 

into two cells; a field water balance and a pond water balance. 

Two systems were evaluated; (1) a 125 acre pond in the southwest portion of the site 

which would incorporate the existing 40 acre pond (System 1), and (2) a 256 acre pond 

comprising the 125 acre pond of System I and an additional 131 acre pond north of, but 

contiguous to, the existing farm (System 2) (see Figure 2). 

The water budgets for the proposed systems are presented in Tables 9 and 10. Based on 

this water budget modeling System 1 will produce a 65% reduction in the average 

annual discharge volume when compared to Table 7. System 2 will reduce the 

discharge by another 4% to 69%. 

Table 9. Summary of Estimated Monthly Water Budget, Average Conditions, Proposed 125 Acre System 

Water Volume (acre-feet) 

Jan Feb Mar Apr May Jun Jut Aug Sep Oct Nov Dec Total 

FIELD WATER BALANCE Rainfall 540 723 782 673 949 1768 1944 1783 1622 743 415 559 12500 Evapotranspiration 482 629 877 1111 1293 1445 1460 1210 959 790 576 475 11305 Seepage Volume 298 278 309 284 265 250 264 279 288 301 282 290 3388 Required Flood Volume 0 0 0 0 287 1796 216 0 0 0 0 0 2299 Water Excess or Deficit 356 372 215 -154 -366 -1223 533 853 951 254 121 373 Total Farm Inlet Volume 0 0 0 154 366 1223 0 0 0 0 0 0 1744 Rainfall Pumpage 356 372 215 0 0 0 533 853 951 254 121 373 4027 Flood Pumpage 0 0 0 0 0 0 805 920 374 201 0 0 2299 Total Pumpage 356 372 215 0 0 0 1338 1773 1324 455 121 373 6327 POND WATER BALANCE Initial Pond Storage 625 625 625 625 446 60 0 625 625 625 625 625 Rainfall 24 30 33 28 40 74 82 75 68 31 17 23 525 Evaporation 24 29 44 53 59 53 54 51 45 38 28 22 500 Total Farm Inlet Volume 0 0 0 154 366 1223 0 0 0 0 0 0 1744 Total Farm Pumpage 356 372 215 0 0 0 1338 1773 1324 455 121 373 6321 Water Excess or Deficit 981 998 829 446 60 -1142 1365 2421 1972 1073 736 999 Lake Inlet Volume 0 0 0 0 0 1142 0 0 0 0 0 0 1142 Discharge Volume 356 373 204 0 0 0 740 1796 1347 448 ill 374 5750 Average Monthly Discharge Rate (cfs) 5.8 6.7 3.3 0.0 0.0 0.0 12.0 29.2 22.6 7.3 1.9 6.1 Final Pond Storage 625 625 625 446 60 0 625 625 625 625 625 625 Source: Applied Technology and Management, Inc., 1988 Notes: Average annual water excess = 7.9 cubic feet/second  = 23.2 inches/year  Flooding Depth = 1.5 feet  Pond Depth = 5 feet  Pond Area = 125 acres 

St. Johns River Water Management District

555

Appendix I
Table 10. Summary of Estimated Monthly Water Budget, Average Conditions, Proposed 256 Acre System 

Water Volume (acre-feet) 

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 

FIELD WATER BALANCE Rainfall 540 754 817 703 990 1846 2030 1861 1693 775 433 583 13026 Evapotranspiration 475 651 910 1150 1334 1471 1486 1241 991 818 597 492 11617 Seepage Volume 282 262 292 268 251 236 249 264 272 284 267 274 3201 Required Flood Volume 0 0 0 0 275 1721 206 0 0 0 0 0 2203 Water Excess or Deficit 346 366 1.99 -179 -369 -1110 586 885 974 242 102 365 Total Farm Inlet Volume 0 0 0 179 369 1110 0 0 0 0 0 0 1658 Rainfall Pumpage 346 366 199 0 0 0 586 885 974 242 102 365 4066 Flood Pumpage 0 0 0 0 0 0 771 881 358 193 0 0 2203 Total Pumpage 346 366 199 0 0 0 1357 1766 1332 435 102 365 6268 POND WATER BALANCE Initial Pond Storage 1280 1280 1280 1280 1050 641 0 1280 1280 1280 1280 1280 Rainfall 48 62 67 58 81 152 167 153 139 64 36 48 1076 Evaporation 49 60 89 108 121 109 110 104 92 77 58 46 1024 Total Farm Inlet Volume 0 0 0 179 369 1110 0 0 0 0 0 0 1658 Total Farm Pumpage 346 366 199 0 0 0 1357 1766 1332 435 102 365 6268 Water Excess or Deficit 1625 1648 1457 1050 641 -425 1414 3094 2660 1702 1360 1647 Lake Inlet Volume 0 0 0 0 0 425 0 0 0 0 0 0 425 Discharge Volume 345 368 177 0 0 0 134 1814 1380 422 80 367 5087 Average Monthly Discharge Rate (cfs) 

5.6 6.6 2.9 0.0 0.0 0.0 2.2 29.5 23.2 6.9 1.3 6.0 

Final Pond Storage 1280 1280 1280 1050 641 0 1280 1280 1280 1280 1280 1280 

Source: Applied Technology and Management, Inc., 1988 Notes: Average annual water excess = 7.0 cubic feet/second 

= 19.6 inches/year 

Flooding Depth = 1.5 feet 

Pond Depth = 5 feet 

Pond Area = 256 acres 

St. Johns River Water Management District

556

SWIM Plan for Lake Apopka 
Appendix I 

St. Johns River Water Management District

557 

NUTRIENT LOADING

The goal of the water balance analysis was to find a technically and economically 

feasible means of reducing discharges to the lake based on the assumption that 

reducing the discharge would also reduce the loading. An additional reduction in the 

loading rates would also be experienced based on the biological and physical treatment 

afforded by a water management pond. Biological treatment would occur as nutrients 

are taken up by aquatic vegetation. Physical treatment would occur as a result of the 

settling of suspended material. 

The CFAI Water Quality Monitoring study was reviewed to determine values of 

selected water quality parameters of concern at Lake Apopka. Table 11 presents a 

summary of the mean concentration of three water quality parameters reported in the 

CFAI Water Quality Monitoring study. Total Nitrogen (TN) and Total Phosphorus (TP) 

were selected because of the potential impact of these nutrients on algal growth and the 

present trophic status of the lake. Total Suspended Solids (TSS) are of interest because 

of the impact on the potential treatment technology. Settling ponds will have a 

significant impact on improving discharge water quality for nutrients bound up in the 

sediments. 

Table 11 shows that with some type of pond system (either recirculation or flowthrough) the average TN level is about 64.8% of the direct discharge system. Similarly, 

average pond discharge TP and TSS levels are 44.7% and 62.1% respectively, of the 

direct discharge system. 

Table 12 shows the loading reduction, expressed as a percent of initial, or existing 

loading, with increasing pond size for Systems 1 and 2. The results show that the 

greatest portion of the reduction in loading is due to a decrease in flow by use of a pond 

system. The implementation of System 1 reduces the loading to 35% of the initial level. 

If “credit” is given for loading reduction due to the biological and settling action of the 

pond, the Total Nitrogen, Total Phosphorus, and Total Suspended Solids, will be 

reduced to 22.7%, 15.7%, and 21.8% of the initial levels respectively. The table also 

shows the reductions for System 2 which is an average of 2.75% lower than that for 

System 1. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

558 

Table 11. Summary of Selected Water Quality Parameters from CFAI Report 

Mean Effluent Quality by Parameter (mg/1)

Total Suspended 

System Type Station Solids Total 

Nitrogen 

Total 

Phosphorus Average n 

Without Pond ZDWCD-2 5.91 1.31 60.5 6 

With Pond ZDWCD-1 5.50 0.97 52.5 11 

With Pond DP-1 4.50 0.96 21.0 11 

With Pond DP-4 1.27 0.24 22.0 8 

With Pond FP-2 6.10 0.24 77.3 9 

With Pond LP-1 1.79 0.52 15.0 13 

Pond Average 3.83 0.59 37.6 

Percent Drop With Pond 64.8% 44.7% 62.1% 

Sources: Applied Technology and Management, Inc., 1988 

 Post, Buckley, Schuh & Jernigan, Inc., 1986 

Notes: Total Nitrogen and Total Phosphorus from PBS&J Table 4-1. 

 Total Suspended Solids calculated by ATM from PBS&J Addendum B. 

Table 12. Reduction in Loading Relative to Existing Condition 

Annual Discharge Percent of Initial Loading 

 Pond Size 

System (acres) (ac-ft) (Mgal.) Flow Only TN TP TSS 

Existing 0 16,424 5,351.3 100.0% 100.0% 100.0% 100.0% 

System 1 125 5,750 1,873.5 35.0% 22.7% 15.7% 21.8% 

System 2 256 5,087 1,657.5 31.0% 20.1% 13.9% 19.2% 

Source: Applied Technology and Management, Inc., 1988 

Notes: 1. Existing system flow based on 1985-87pump records. 

 2. Total Nitrogen loading reduction based on a reduction in TN to 

 64.8% from 5.91 mg/l to 3.83 mg/l. 

 3. Total Phosphorus loading reduction based on a reduction in TP to 

 44.7% from 1.31 mg/1 to 0.586 mg/l. 

 4. Total Suspended Solids loading reduction based on a reduction in TSS to 

 62.1% from 60.5 mg/1 to 37.6 mg/1. 
Appendix I 

St. Johns River Water Management District

559 

PROPOSED ACTION

Given the goal of reducing loading to Lake Apopka by reducing discharges, the average 

annual discharge volume can be significantly reduced by adding on site storage 

capacity. In order to provide sufficient storage capacity, and thereby reduce their 

drainage to the lake, Duda proposed the construction of a 85 acre pond in the southwest 

corner of the site, which when combined with the existing 40 acre pond will provide a 

total of 125 acres of detention and water supply pond. 

This pond would result in approximately a two-thirds reduction in the average annual 

discharge to Lake Apopka. Additional water treatment through biological and physical 

action would increase the nutrient loading reduction to approximately 75% to 85% 

depending upon the parameter of interest. Additional pond area does not significantly 

increase the loading reduction. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

560 

APPLIED TECHNOLOGY AND MANAGEMENT. INC. 

502 N.W. 75 STREET. SUITE 95 

GAINESVILLE. FLORIDA 32607 

TELEPHONE: (904) 375-8700 

April 25, 1988 

Mr. Jeff Elledge,.P.E. 

Director, Resource Management 

St. Johns River Water Management District 

Highway 100 West 

Palatka, FL 32077 

RE: Lake Jem Farm; Operation of Ponds During Stormwater 

 Discharge 

Dear Jeff: 

The purpose of this letter is to review the operation of the proposed stormwater 

management ponds for the Lake Jem Farm under design conditions. The analysis was 

based on the following design criteria and assumptions: 

1. The design storm was the 10 year 24 hour event (7.5 inches). The design 

stormwater detention volume is the first inch of runoff. 

2. The discharge structures were rectangular weirs (C = 3.2) with a water quality Vnotch device for bleed down of the first inch of runoff. Several types of structures could 

be used to meet the objectives. The final structure type will be selected in coordination 

with the farm operations manager after the site specific topography is developed. 

3. The structures were designed to detain and bleed down the first one-half of the 

stormwater retention volume in no less than 60 hours. 

4. Other than direct rainfall on the pond surface 

inflow to each pond was from pump discharges. The maximum inflow rate will be the 

maximum combined pump capacity into that pond plus the rainfall rate on the pond. 

5. Pumping rates to each pond were based on the total pump capacity presented in 

the April 4, 1988 submittal, pro-rated by the ratio of each ponds area to the total pond 

area of 256 acres. 
Appendix I 

St. Johns River Water Management District

561 

Page 2 

6. Maximum head on each discharge structure was limited to 0.5 foot above the top 

of the water quality bleed down device. 

7. For conceptual modeling purposes the datum in each pond (elevation zero) is 

assumed to be the bottom invert of the V-notch. After detailed site specific topography 

is obtained the actual structures can be designed referenced to mean sea level. 

8. The ponds are assumed to be ful1 (at elevation 

 zero) at the beginning of the storm. 

The discharge structures were designed based on this information. Tables 1 and 2 show 

the discharge structure specifications for Ponds One and Two respectively. Tables 3 and 

4 present the discharge hydrographs for the ponds showing a peak head at 13 hours of 

1.58 feet above the V-notch invert. The peak discharge from Pond One was 275.1 cfs and 

that for Pond Two is 288.3 cfs. 

These results show that the design storm and detention volumes can be provided 

within approximately 1.5 feet of temporary storage above the discharge elevation. 

If you have any further questions or comments on the enclosed information please call 

me. 

Sincerely, 

John C. Good, Agricultural Engineer 

APPLIED TECHNOLOGY AND MANAGEMENT, INC. 

Attachments 

xc: Jack Malloy 

 Mike Lane 

 Craig Bromby 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

562 

Table 1. Design of Discharge Structure for Pond One 

Parameter Units Value 

Total Farm Drainage Area acres 2855.0 

Total Pond Area acres 256.0 

Total Pump Capacity cfs 418.9 

FIELD RUNOFF 

Drainage Area to Pond acres 1394.0 

Volume of 1 inch runoff acre-feet 116.2 

POND RUNOFF 

Pond Area acres 125.0 

Volume of 1 inch runoff acre-feet 10.4 

STORAGE DEPTH 

Total Runoff Volume acre-feet 126.6 

Storage Depth feet 1.0 

STORMWATER STRUCTURE DESIGN 

Average Discharge cfs 12.8 

Depth of V-notch feet 1.0 

Angle of Notch degrees 107.1 

Top Width feet 10.0 

WEIR DESIGN 

Maximum Allowable Rise feet 0.5 

Weir Coefficient -- 1.2 

Peak Flow cfs 204.5 

Weir Length feet 180.8 

Source: Applied Technology and Management, Inc. 1988 
Appendix I 

St. Johns River Water Management District

563 

Table 2. Design of Discharge Structure for Pond Two 

Parameter Units Value 

Total farm Drainage Area acres 2855.0 

Total Pond Area acres 256.0 

Total Pump Capacity cfs 418.9 

FIELD RUNOFF 

Drainage Area to Pond acres 1461.0 

Volume of 1 inch runoff acre-feet 121.7 

POND RUNOFF 

Pond Area acres 131.0 

Volume of 1 inch runoff acre-feet 10.9 

STORAGE DEPTH 

Total Runoff Volume acre-feet 132.7 

Storage Depth feet 1.0 

STORMWATER STRUCTURE DESIGN 

Average Discharge cfs 13.4 

Depth of V-notch feet 1.0 

Anqle of Notch degrees 158.2 

Top Width feet 10.5 

WEIR DESIGN 

Maximum Allowable Rise feet 0.5 

Weir Coefficient -- 3.2 

Peak Flow cfs 214.4 

Weir Length feet 189.5 

Source : Applied Technology and Management, Inc., 1988 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

564 

Table 3. Lake Jem Pond 1 Discharge 

SUBWATERSHED NAME = Pond 1 

TOTAL AREA = 125.0 ACRES 

SOIL STORAGE CAPACITY = 0.00 INCHES 

CURVE NIJM13ER = 100.0 

TIME OF CONCENTRATION = 0.00 HOURS 

RETURN FREQUENCY = 10 YEARS 

RAINFALL DURATION = 24 HOURS 

TOTAL RAINFALL DEPTH = 7.50 INCHES 

TIME RAINFALL STAGE RUNOFF INFLOW PUMPOUT DISCHARGE 

(HR) (IN) (CFS) (CFS) (CFS) (CFS) (FT) 

 0.00 0.00 0.0 0.0 0.0 0.0 0.00 

 2.00 0.19 11.3 204.5 0.0 0.0 0.10 

 4.00 0.41 13.2 210.5 0.0 1.2 0.39 

 6.00 0.67 17.0 204.5 0.0 2.7 0.54 

 8.00 1.01 22.7 204.5 0.0 7.9 0.83 

 10.00 1.51 37.8 204.5 0.0 38.6 1.12 

 12.00 4.55 565.3 204.5 0.0 210.3 1.48 

 13 0O 5.68 71.8 204.5 0.0 275.1 1.58 

 14.00 6.05 41.6 204.5 0.0 267.7 1.56 

 16.00 6.53 24.6 204.5 0.0 248.1 1.53 

 18.00 6.85 17.0 204.5 0.0 234.6 1.51 

 20.00 7.11 15.1 204.5 0.0 226.8 1.50 

 22.00 7.32 13.2 204.5 0.0 221.7 1.49 

 24.00 7.50 9.5 204.5 0.0 218.4 1.49 

 26.00 7.50 0.0 204.5 0.0 210.8 1.48 

 28.00 7.50 0.0 204.5 0.0 207.3 1.47 

 30.00 7.50 0.0 204.5 0.0 205.7 1.47 

 32.00 7.50 0.0 204.5 0.0 205.1 1.47 

 34.00 7.50 0.0 204.5 0.0 204.8 1.47 

36.0O 7.50 0.0 204.5 0.0 204.6 1.47 

38.00 7.50 0.0 204.5 0.0 204.6 1.47 

40.00 7.50 0.0 204.5 0.0 204.6 1.47 

60.00 7.50 0.0 0.0 0.0 15.1 1.03 

80.00 7.50 0.0 0.0 0.0 9.1 0.08 

FLOW ROUTING SUMMARY 

MAXIMUM STAGE WAS 1.50 FEET AT 13.00 HOURS 

MAXIMUM DISCHARGE WAS 275.1 CFS AT 13.00 HOURS 
Appendix I 

St. Johns River Water Management District

565 

Table 4. Lake Jem Pond 2 Discharge 

SUBWATERSHED NAME = Pond 

TOTAL AREA = 131.0 ACRES 

SOIL STORAGE CAPACITY = 0.00 INCHES 

CURVE NUMBER = 100.0 

TIME OF CONCENTRATION = 0.00 HOURS 

[RETURN FREQUENCY = 10 YEARS 

RAINFALL DURATION = 24 HOURS 

TOTAL RAINFALL DEPTH = 7.50 INCHES 

TIME RAINFALL 

SATAGE 

RUNOFF INFLOW PUMPOUT DISCHARGE 

(HR) (IN) (CFS) (CFS) (CFS) (CFS) (FT) 

 0.00 0.00 0.0 0.0 0.0 0.0 0.00 

 2.00 0.19 11.9 214.3 0.0 0.0 0.10 

 4.00 0.41 13.9 214.3 0.0 1.2 0.39

 6.00 0.67 17.8 214.3 0.0 2.8 0.54 

 8.00 1.01 23.8 214.3 0.0 8.3 0.83 

 10.00 1.51 39.6 214.3 0.0 40.4 1.12 

 12.00 4.55 592.4 214.3 0.0 220.4 1.48 

 13.00 5.68 75.3 214.3 0.0 288.3 1.58 

 14.00 6.05 43.6 214.3 0.0 280.5 1.56 

 16.00 6.53 25.8 214.3 0.0 260.0 1.53 

 18.00 6.85 17.8 214.3 0.0 245.9 1.51 

 20.00 7.11 15.9 214.3 0.0 237.7 1.50 

 22.00 7.32 13.9 214.3 0.0 232.3 1.49 

 24.00 7.50 9.9 214.3 0.0 228.8 1.49 

 26.00 7.50 0.0 214.3 0.0 220.9 1.48 

 28.00 7.50 0.0 214.3 0.0 217.2 1.47 

 30.00 7.50 0.0 214.3 0.0 215.6 1.47 

 32.00 7.50 0.0 214.3 0.0 214.9 1.47 

 34.00 7.50 0.0 214.3 0.0 214.6 1.47 

 36.00 7.50 0.0 214.3 0.0 214.4 1.47 

 38.00 7.50 0.0 214.3 0.0 214.4 1.47 

 40.00 7.50 0.0 214.3 0.0 214.4 1.47 

 60.00 7.50 0.0 0.0 0.0 1.5.9 1.03 

 80.00 7.50 0.0 0.0 0.0 9.5 0.88 

FLOW ROUTING SUMMARY 

MAXIMUM STAGE WAS 1.58 FEET AT 13.00 HOURS 

MAXIMUM DISCHARGE WAS 288.3 CFS AT 13.00 HOURS 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

566 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 

IN RE: 

A. DUDA & SONS, INC. FILE OF RECORD NO. 93-1343 

BREVARD COUNTY, FLORIDA 

AMENDMENT TO CONSENT ORDER

This Amendment to the Consent Order rendered on (DATE) is intended to modify 

paragraph 17 of the original Consent Order. The requirements of that paragraph do not 

reflect the current situation in which the Respondent finds himself. 

The Consent Order was originally agreed upon and entered into assuming that the 

Respondent would construct a reservoir in a certain location. Since that time, 

Respondent has determined that it would be more suitable to place the reservoir in a 

different location, and has modification of its permit application accordingly. Staff will 

recommend issuance of MSSW permit no. 4-005-0435, including the change in location 

of the reservoir, at the December Governing Board meeting. A copy of the original 

Consent Order is attached as exhibit 1 to this Amendment. The Consent Order is 

therefore amended as follows: 

1. Paragraphs 1-15, Findings of Fact and Conclusions of Law, shall remain in full force 

and effect as set forth in the original Consent Order. 

2. Paragraph 17, Corrective Action, shall be amended to allow the Respondent to 

construct the detention pond as per plans received by the District on August 9, 1993, 

and amended by plans 

received on September 1 and 29, 1993. Construction must be completed in accordance 

with the terms of permit no. 4-009-0435, and no later than May 13, 1994. 

3. Paragraphs 16, and 18-33 shall remain in full force and effect as set forth in the 

original Consent Order. 

A. DUDA & SONS, INC. 

Nov. 23, 1993 By J. R. Maloy 

(DATE) Corp. Vice Pres. 

ST. JOHNS RIVER WATER 

MANAGEMENT DISTRICT 

12/8/93 By: Patricia T. Harden, Chair 

(DATE) GOVERNING BOARD 

RENDERED this 9TH day OF DECEMBER, 1993. 

PATRICIA C. SCHULTZ 

District Clerk 
Appendix I 

St. Johns River Water Management District

567 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 

A. DUDA AND SONS, INC. 

Petitioner, 

DOAH Case No. 94-6578RP 

VS. SJRWMD FOR No. 94-1556 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, 

Respondent. 

SETTLEMENT AGREEMENT 

Whereas, A. Duda and Sons, Inc. (hereinafter “Duda”), the Petitioner herein, has filed 

its petition seeking a determination of the invalidity of certain administrative rules 

proposed for adoption by Respondent, St. Johns River water Management District 

(hereinafter “District”) specifically, Chapter 40C-61, Fla. Admin. Code, “Works of the 

District Basins”; and 

Whereas, compliance with the provisions of the proposed Chapter 40C-61, Fla. Admin. 

Code, would require Duda to make certain modifications to its agricultural surface 

water management system which was previously permitted by the District pursuant to 

management and storage of surface waters (MSSW) permit number 4-095-0309M; and 

Whereas,these modifications to Duda’s existing agricultural surface water management 

system must enable Duda to export and dispose of certain amounts of treated 

stormwater from its existing system to off-site areas; and 

Whereas, Duda has already willingly invested substantial resources in complying with 

the District’s rule requirements for agricultural surface water management systems 

(Chapter 40C-44, Fla. Admin. Code); and 

Whereas, the District has determined that a joint effort between Duda and the District 

for the purpose of enabling Duda to meet the additional requirements of Chapter 40C61, Fla. Admin. Code is both equitable and in the best interest of the ultimate restoration 

of Lake Apopka; 

Therefore, the following is agreed to and stipulated by the undersigned parties: 

1. Duda will, within the timeframes contained in Chapter 40C-61, Fla. Admin. Code, 

submit to the District an application for such permits as are necessary to comply with 

the performance standards contained therein. 

2. Duda’s permit application will propose a system capable of exporting excess water 

from its existing stormwater management ponds, including an operation plan detailing 

the peak rates of flow to be removed from the existing ponds, maximum durations of 

peak flow, and a regulation schedule for water levels in the stormwater management 

ponds. Excess water, for purposes of this agreement, is that amount of water which 

must be exported to provide reasonable assurance of compliance with the performance 

standards contained in Chapter 40C-61, Fla. 

Admin. Code and which cannot feasibly be stored in Duda’s existing stormwater 

management ponds or otherwise be used or disposed of on the lands owned or 

controlled by Duda without discharging same to Lake Apopka or any tributaries 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

568 

thereof. Although the exportation of excess water should reduce Duda’s discharges to 

Lake Apopka, the operation plan shall allow Duda to continue periodic discharges to 

lake Apopka. 

3. Duda will continue to maximize use of its existing 

stormwater management ponds and surface water management system for storage, 

treatment and agricultural irrigation purposes, in accordance with the terms and 

conditions contained in its existing District-issued permits. The rate and frequency of 

removal of excess water will be provided for and controlled by the operation plan to be 

included as part of Duda’s permit application. The operation plan, upon approval by 

the District, will be appended to the permit and will be a condition thereof. 

4. Duda will continue to employ appropriate management practices, as described in the 

Soil Conservation Service Conservation Plan prepared for Duda’s Lake Gem Farm, to 

reduce phosphorus loads to the stormwater management ponds. 

5. Duda does not presently own or control land or facilities capable of storing or 

disposing of its excess water without discharging same to Lake Apopka or one of its 

tributaries. The District does own lands in the immediate vicinity of Duda’s farming 

operations wherein it can store or dispose of Duda’s excess water without discharging 

same to Lake Apopka or on which it can otherwise treat said water sufficiently to allow 

it to meet the standards contained in Chapter 40C-61, Fla. Admin. Code. 

6. The District will accept Duda’s excess water at the rate and with the frequency 

specified in the approved operation plan referred to in paragraphs 2 and 3 above. 

7. Certain infrastructure, including water control structure(s) and work(s) will need to 

be constructed and installed in order to enable Duda to export its excess water to the 

District’s property. Duda will install, operate and maintain a pump located immediately 

west of its stormwater management ponds and east of the Apopka-Beauclair Canal, and 

such pump shall be capable of moving the volume of water specified in the permit at 

the rates and with the frequencies necessary to comply with the operation plan to be 

included in the permit. The pump must be designed and operated to withdraw water 

from the stormwater management pond and export water based on a minimum 

nineteen (19) feet static head and fifty-one (51) feet friction head, at seventy-five (75) per 

cent pump efficiency. 

8. The District will install, operate and maintain such conveyance facilities, including 

pipe capable of receiving water in the volumes and with the rates of flow specified in 

the operation plan, as are necessary to convey Duda’s excess water from the pump to be 

installed in accordance with paragraph 7 above to the District’s property west of the 

Apopka-Beauclair Canal. 

9. Duda will grant to the District such easements, licenses or other real property rights 

as are necessary to install and maintain the conveyance facilities referred to in 

paragraph 8 above, for the purpose of conveying Duda’s excess water from its pump, 

across the Apopka-Beauclair Canal, to the District’s property west of the canal. 
Appendix I 

St. Johns River Water Management District

569 

10. The District will consult with Duda regarding the location and placement on Duda’s 

property of any conveyance facilities which it must construct in order to meet the terms 

of this agreement, as well as the location and construction method to be used to traverse 

the Apopka-Beauclair Canal, with the purpose of minimizing any costs or impacts to 

Duda’s agricultural operations. However, the District will make the final determination 

of where the conveyance facilities to be constructed by it are to be placed, as well as the 

final determination of the location and method of traversing the Apopka-Beauclair 

Canal. 

11. Compliance with the terms of this settlement agreement will provide reasonable 

assurance to the District that Duda’s discharge meets the requirements of Chapter 

40C61, Fla. Admin Code, and will thereby entitle Duda to issuance of a permit pursuant 

to that Chapter. In compliance with Chapter 120, Fla. Stat., after review of Duda’s 

application and a determination of its compliance with the terms of this settlement 

agreement, the District staff will issue a Notice of Intended Agency Action 

recommending issuance of a permit in accordance with Chapter 40C-61, Fla. Admin. 

Code, and thereafter, subject to the rights of third parties to file petitions for 

administrative hearings with regard to said notice, the Governing Board will approve 

the permit. 

12. Within five (5) days of approval of this settlement agreement by the District 

Governing Board, Duda will file with the Division of Administrative Hearings a notice 

of voluntary dismissal, with prejudice, of its pending Petition For Administrative 

Determination of Invalidity of Proposed Rules, bearing the above DOAH case number. 

Duda further covenants that it will not initiate any challenges to Chapter 40C-61, as 

currently published, in any future action brought pursuant to Section 120.56, Fla. Stat. 

13. Performance of the obligations set forth in this agreement are not contingent on the 

outcome of any proceedings brought by any parties other than Duda for the 

determination of the invalidity of Chapter 40C-61, Fla. Admin. Code. Should the 

presently published version of Chapter 40C-61, Fla. Admin. Code be found to be 

invalid, both Duda and the District will continue to perform the obligations contained 

herein. Any permit modification necessary to carry out the terms of this agreement 

would then be processed through the District’s MSSW rule(40C-4, Fla. Admin. Code) or 

its Agricultural Surface Water Management System rule (40C-44) Fla. Admin Code). 

14. Proposed subsection 40C-61.040(2), Fla. Admin. Code, provides for the submission 

of applications for permits pursuant to the chapter to the District within one year of the 

effective date of Chapter 40C-61, Fla. Admin. Code. Proposed subsection 40C-61.040(3), 

Fla. Admin. Code, provides that dischargers requiring permits be in compliance with 

the nutrient limitations contained therein for the calendar year ending December 31, 

2001. Duda will submit its application within the time period provided for in the 

proposed rule provided the currently published version becomes effective. Should the 

currently published version of the proposed rule not become effective by June 30, 1995, 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

570 

Duda will submit an application to modify its existing MSSW permit to fulfill the 

requirements of this settlement agreement no later than June 30, 1996. 

15. Irrespective of the compliance date stated in proposed subsection 40C-61.040(3), 

within 90 days of receiving written notification from the District that it has completed 

the conveyance facilities referred to in paragraph 8 above and is ready to receive Duda’s 

excess water, Duda will have the pump referred to in paragraph 7 above in place, 

connected to the District’s conveyance facilities, and operating in accordance with its 

operation plan. Should the District fail to so notify Duda within 90 days of the 

compliance date set forth in subsection 40C-61.040(3), Duda’s time for compliance with 

the proposed rule and with this agreement shall be extended by a commensurate 

number of days until such notice is received from the District. 

16. This settlement agreement shall, upon execution by Duda and approval by the 

District’s Governing Board, constitute a final administrative order of the District and 

may be enforced as such by either of the parties hereto. 

17. This settlement agreement shall take effect upon rendition by the District Clerk, 

which shall follow full execution by the parties hereto, unless a petition for 

administrative hearing is filed on a timely basis with regard to it, in which case it will 

become effective immediately upon entry of a Final Order of the Governing Board 

approving same following any formal administrative hearing. 

18. The provisions of this settlement agreement shall apply to and be binding upon the 

parties, their officers, directors, agents, servants, employees, successors and assigns, and 

all persons, firms or corporations acting under, through or for them and upon those 

persons, firms or corporations in active concert or participation with them. 

A. Duda and Sons, Inc. 

December 19, 1994 By: 

Date Ferdinand S. Duda, President 

St. Johns River Water 

Management District 

12/14/94 By: 

Date Patricia Harden 

Governing Board Chair 

Rendered this 30 day of December, 1994 

Patricia Schultz 

District Clerk 
Appendix I 

St. Johns River Water Management District

571 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 

IN RE: 

CONSENT ORDER BETWEEN 

 ST. JOHNS RIVER WATER 

 MANAGEMENT DISTRICT AND 

ZELLWOOD DRAINAGE AND FILE OF RECORD NO. 88-636 

WATER CONTROL DISTRICT 

CONSENT ORDER 

The parties hereto, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, hereinafter 

referred to as “St. Johns”, and ZELLWOOD DRAINAGE AND WATER CONTROL 

DISTRICT, hereinafter referred to as “ZELLWOOD” for the purpose of resolving certain 

issues and proceedings presently pending between them, do hereby voluntarily enter 

into this CONSENT ORDER and agree to the following: 

1. St. Johns is am administrative agency within the State of Florida having the certain 

authority to regulate pollution of Florida’s water resources in accordance with Chapters 

373 and 403, and the regulations promulgated thereunder, to the extent stated in 

Paragraph 17101.040(4)(i) and Subparagraph 17-101.040(11)(a)3, Florida Administrative 

Code. 

2. Zellwood is a water control district created pursuant to Chapter 20714, Laws of 

Florida, 1941, in Orange County, Florida. Zellwood is empowered to drain, reclaim, 

improve, and make fit for cultivation the lands described in paragraph 3. Furthermore, 

Zellwood is empowered in Chapter 20714 to protect those lands from the effects of 

water, to control the water levels within the drainage district, to discharge waters to 

Lake Apopka, and to provide facilities for the irrigation of lands therein for agricultural 

and sanitary purposes. The total area of the District is approximately 8,700 acres. 

Zellwood consists of two units separated by the McDonald Canal. Unit 1 consists of 

approximately 2,900 acres, and Unit 2 consists of approximately 5,800 acres. 

3. Zellwood is located on the northeast corner of Lake Apopka in Sections 2, 3, 4, 5, 8, 9, 

10, 11, 12, 13, 14, 15, 23, and 24, Township 21 South, Range 27 East; Sections 7, 18, 19, 

and 30, Township 21 South, Range 28 East, Orange County, Florida. In carrying out its 

duties, Zellwood has caused and from time to time causes seepage water, flood waters, 

irrigation water, and rainfall to be discharged into Lake Apopka. 

4. Lake Apopka, pursuant to Section 17-3.081, Florida Administrative Code, has been 

classified as a Class III water body. Lake Apopka is a part of the Oklawaha River Basin 

chain of lakes. Lake Apopka does not meet the water quality standards established in 

Rule 17-3, Florida Administrative Code, for Class III waterbodies. 

5. Although the parties disagree as to the technical and economic feasibility of 

restoration of Lake Apopka to Class III standards, it will likely be necessary to reduce 

the amount of phosphorus being introduced into Lake Apopka. The waters discharged 

to Lake Apopka by Zellwood are required to meet the duly established state water 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

572 

quality standards for the lake, however, compliance by Zellwood with the terms of this 

Consent Order shall constitute, during the term of this Consent Order, full compliance 

with all state water quality standards and effluent limitations. 

6. For the purposes of voluntarily reducing the amount of nutrients being discharged to 

Lake Apopka by Zellwood and by the end of the term of this agreement fully 

complying with the duly established water quality standards for discharges to the lake, 

in the context of subparagraph F. below, Zellwood must perform the following acts 

within the time schedule specified herein: 

A. Within 180 days of this Consent Order, Zellwood shall submit to St. Johns six (6) 

copies of drawings, signed and sealed by a professional engineer registered in the State 

of Florida, showing a modified water management system, a seepage interceptor 

system designed to intercept water seeping under the dike separating Zellwood’s muck 

farmlands from Lake Apopka, and pumping the seepage water back into Lake Apopka. 

The drawings shall substantially conform to Exhibit A and must be a plan view and also 

show cross sections, giving number, capacity and location of pumps, invert elevations 

of pumps, elevations of outfall structures from ditches, elevations of top of dikes or 

ditches, and bottom elevations of ditches. Concurrent with the submittal of the redesign 

of the modified water management system, Zellwood shall submit an operation plan for 

the proposed water management system. St. Johns shall have twenty-one (21) days to 

review and make recommendations pursuant to subparagraph P. below. 

B. In. conjunction with or in advance of the submission of the information required by 

paragraph 6.A. above, Zellwood may submit to St. Johns a general design plan for the 

modified water management system. St. Johns may agree to commencement of 

construction on certain portions of the redesigned system prior to submission of the 

redesign drawings required by paragraph 6.A. above, but such authorization must be in 

writing, approved by the Executive Director. 

C. No later than December 1, 1989, Zellwood shall commence construction of the 

interceptor system and modified water management system. 

D. No later than May 1, 1991, Zellwood shall have completed construction of the 

modified water management system and the interceptor system. 

E. Within sixty (60) days after the completion of construction of the interceptor system 

and the modified water management system, Zellwood shall have the professional 

engineer of record certify that the construction is complete, substantially as shown in 

the plans, and is operational. 

F. The parties agree that St. Johns may recommend modifications to the design of the 

interceptor system and that Zellwood shall in good faith consider such 

recommendations; provided, however, that the concept of this Consent Order is to 

impose performance standards and not design standards, and St. Johns, therefore, is not 

required to permit or approve the design of the interceptor system and modified water 

management system before Zellwood may construct it except insofar as is stated herein. 
Appendix I 

St. Johns River Water Management District

573 

 7. Concurrent with the activities described in paragraph 6 above, Zellwood 

shall conduct further water quality studies the purpose of identifying additional 

treatment and management strategies which, in conjunction with the facilities Zellwood 

has agreed to construct, have the potential to further reduce nutrient loading beyond 

the specific limitations set forth in paragraphs 9 and 10 below. As a minimum the study 

shall examine-and address water use and management practices, fertilization practices, 

flooding practices for insect control, feasibility of available technologies for phosphorus 

removal as each of these relate to the Zellwood farms operation. Simultaneously with 

the submission of the drawings required under paragraph 6.A., Zellwood shall present 

a study plan for said studies to St. Johns for review and comment. St. Johns shall 

complete its review and submit any comments to Zellwood within forty-five (45) days 

of receipt of the study plan. Zellwood will consider in good faith the comments of St. 

Johns, but no formal approval will be necessary. The study must be initiated no later 

than 30 days thereafter and completed no later than July 1, 1992 and the results thereof 

submitted to St. Johns no later than 60 days thereafter. 

 8. Also concurrent with the activities described in paragraphs 6 and 7 

above, Zellwood shall conduct a water balance study for the purpose of developing a 

water budget for the system. In connection therewith, Zellwood shall do the following: 

 A. Within one hundred and eighty (180) days of the effective date of this 

Consent Order, the minimum data collection stations must be installed: 

1.Seepage monitoring data collection stations: 

 Three (3) stations in levee along Lake 

Apopka to monitor seepage under and through 

the levee; 

 Two (2) stations in levee along Lake 

Level Canal to monitor seepage under and 

through the levee; 

 Two (2) stations along the northeast 

boundary of Zellwood Farms to monitor seepage 

into the farm from upland areas; and 

Two (2) stations within Zellwood Farms. 

Zellwood must consult in good faith with St. Johns 

regarding the location and design of seepage collection stations 

prior to installation. 

2. Surface monitoring data collection stations; water level reading and/or staff gauges 

at the following locations to monitor surface inflow: 

Culvert in SCL right-of-way, approximately one (1) mile south of Clear Water Lake. 

Culvert at road at nursery, west of Clear Water Lake; and 

Culvert at Mud Lake. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

574 

 B. As soon as the data collection facilities are installed, Zellwood must 

begin to collect data at those sites. Data are to be collected weekly in seepage wells. 

Data will be collected monthly and during six storm events samplings per year at the 

culverts. Water in the seepage interceptor system will be sampled at four sites placed so 

as to capture significant spatial variation according to the following regime (1) biweekly 

for nutrients (total phosphorus, orthophosphate, total kjeldahl nitrogen, ammonia, 

nitrate + nitrite) and field parameters (pH, dissolved oxygen, temperature, and 

conductivity), (2) monthly, for Biological oxygen Demand (5 day), total suspended 

solids, and turbidity. After one year of monitoring if no violations of Section 17-3, 

Florida Administrative Code are found for Biological Oxygen Demand (5 day), total 

suspended solids and turbidity, sampling for these parameters may be deleted. After 

one year of monitoring, if the coefficient of variation for any nutrient parameter is less 

than or equal to 15%, that parameter may be sampled monthly. Raw data will be 

submitted to St. Johns quarterly after commencement of data collection. Zellwood must 

also keep records of crops, including date of planting and harvest, crop types, and 

acreage of planting, which shall be submitted to St. Johns annually commencing 

December 31, 1990. Crop records are considered trade secrets and shall be kept 

confidential by St. Johns pursuant to Section 403.73, Florida Statutes. 

 C. The data specified herein shall be collected continuously for the life of 

this Consent Order. 

 D. The study results must include a monthly water budget calculation for 

the farm to account for all water inflows and outflows based on, but not limited to, the 

data collected as required in this Consent Order, and data collected by St. Johns for the 

Lake Apopka Nutrient Study. These calculations shall also be submitted at the end of 

the first and second year. 

 9. The modified water management system described in Exhibit A must be 

capable upon operation of reducing Zellwood’s net discharge of total phosphorus into 

Lake Apopka to 54,000 pounds of phosphorus. For purposes of this Consent Order, net 

phosphorus discharge will be calculated as the gross phosphorus discharge (the sum of 

all phosphorus discharges to the lake) minus the phosphorus received by the 

interceptor system (volume pumped by the interceptor system pumps X average 

concentration of phosphorus in the lake water) and the phosphorus received by surface 

water intakes from the lake (intake volume X average concentration of phosphorus in 

lake water). Data will be collected as described elsewhere in this Consent Order which 

will determine the effectiveness of the system in meeting this phosphorus limitation. If, 

after one (1) year of monitoring, data shows that the system does not meet a net loading 

limitation of 54,000 pounds total net phosphorus per year with adjustment for yearly 

variations in rainfall and groundwater levels to be adjusted as follows: 

 (a) RAINFALL—Allowable net phosphorus loading will be adjusted in 

direct proportion for each year from normal rainfall as determined by NOAA 

procedures. 
Appendix I 

St. Johns River Water Management District

575 

(b) GROUNDWATER—Allowable net phosphorus loading will be adjusted in direct 

proportion each year for variation in the normal groundwater seepage. Methods 

including siting and number of wells for monitoring and calculating upwelling seepage 

shall be consistent With U.S.G.S. standards. 

Zellwood shall, within sixty (60) days of notification of this fact, submit to St. Johns a 

plan for additional treatment methods or facilities including retention, if necessary, to 

reach this limitation. St. Johns shall have thirty (30) days to review and comment upon 

the plan submitted. Zellwood shall consider St. Johns’ recommendations in good faith 

but no approval is required for said plan. Zellwood shall complete such improvements 

as are necessary to implement the plan no later than six (6) months thereafter. 

 10. For the fifth year of this Consent Order and each year thereafter 

following the execution of this Consent Order, Zellwood shall further reduce the 

number of net pounds of phosphorus discharged to Lake Apopka to 40,675 pounds of 

total phosphorus per year. If, after one year of monitoring, data shows that the system 

does not meet a net loading limitation of 40,675 pounds of total phosphorus per year, 

taking into account rainfall and groundwater effects as set forth in paragraph 9 above, 

Zellwood shall, within sixty (60) days of notification of this fact, submit to St. Johns a 

plan for additional treatment methods or facilities, including retention, if necessary to 

reach this limitation. St. Johns shall have thirty (30) days to review and comment upon 

the plan submitted. Zellwood shall consider St. Johns’ recommendations in good faith 

but no approval is required for said plan. Zellwood shall complete such improvements 

as are necessary to implement the plan no later than six (6) months thereafter. 

 11. St. Johns is presently conducting studies directed toward development 

of a nutrient budget for Lake Apopka. Upon completion of this study, the data derived 

therefrom will likely be used to establish a wasteload allocation for nutrients for Lake 

Apopka. By executing this Consent Order, notwithstanding any Other requirement in 

this Consent order, Zellwood does not waive any legal right it may have, including 

without limitation, the right to challenge any wasteload allocation subsequently 

adopted that imposes more stringent discharge limitations on Zellwood than those set 

forth in paragraphs 9 and 10 above. Neither does Zellwood, by executing this Consent 

Order, waive any right it may have to seek other established forms of administrative 

relief from discharge standards which are more stringent than those set forth in 

paragraphs 9 and 10 above and if such relief is sought, it shall be diligently pursued. If 

standards are adopted and upheld for Lake Apopka which require more stringent 

limitations on discharges than those established in paragraphs 9 and 10 above, 

Zellwood will take such reasonable steps as are necessary to be in the position to meet 

such wasteload allocation as of 12:00 a.m. on the final day of this order or two years 

after the standards are adopted and upheld, whichever is longer. 

 12. The parties hereto have discussed the desire of St. Johns to purchase 

farmlands within Zellwood for inclusion in future Lake Apopka restoration projects. 

Recognizing the fact that Zellwood cannot commit individually owned farmlands for 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

576 

sale, it is the intent of Zellwood to meet with and negotiate the voluntary sale of 

farmlands and associated businesses within Zellwood to St. Johns, if fair compensation 

can be agreed upon therefore. If is determined that additional land is needed by 

Zellwood in order to meet water quality standards which require discharge limitations 

which are more stringent than those established by paragraph 10 above, then St. Johns 

will make available to Zellwood reasonable amounts of any land it owns within or 

contiguous to Zellwood for the purpose of establishing such retention and water reuse 

facilities as are necessary in order to enable Zellwood to increase its total phosphorus 

reduction capabilities sufficiently to reduce its total phosphorus discharge from the 

levels described in paragraph 10 above to such levels as are established by the process 

described in paragraph 11 above when and if such stricter standards become applicable 

to Zellwood. Zellwood will compensate St. Johns on the basis of the fair-market 

reasonable rental value of the land utilized, to be determined based upon the 

assumption that the highest and best use is the manner in which the property is actually 

used (i.e. retention facilities, treatment marsh, etc.). Rental value shall be determined by 

an independent real property appraiser who shall be jointly selected by the parties. 

 13. If St. Johns does not own any real property within or contiguous to 

Zellwood at the time it is determined, if it is determined, that Zellwood must, as a result 

of establishment of a wasteload allocation for Lake Apopka, meet discharge standards 

as established in paragraph 11 above, St. Johns will acquire and if St. Johns is unable 

Zellwood will acquire such lands as are reasonably necessary to construct such 

retention and water reuse facilities as are necessary in order to meet such standards. St. 

Johns will hold title to such lands as are acquired, although each of the parties hereto 

shall contribute fifty percent (50%) of the cost of acquiring such lands. Zellwood shall be 

responsible for any capital costs incurred in connection with making said land suitable 

for treatment or storage purposes. In return, Zellwood shall be permanently permitted 

to utilize said lands for treatment and storage for as long as such facilities are necessary 

to meet state water quality standards. 

 14. In the event St. Johns determines it is necessary to acquire all lands 

within Zellwood after lands were acquired pursuant to paragraph 13. and Zellwood has 

not used those lands for at least ten (10) years for treatment and/or reuse, St. Johns shall 

reimburse Zellwood for the amount it contributed for acquisition less 10% for each year 

of use by Zellwood. Any values determined under this paragraph shall only apply to 

this paragraph. 

 15. Zellwood’s obligation upon expiration of this Consent Order to meet 

any waste load allocation of less than 40,675, net pounds of total phosphorus per year 

shall be expressly conditioned upon St. Johns’ prompt performance of its duty to 

participate in the acquisition of any necessary lands as set forth in paragraph 13 above. 

Should St. Johns’ failure or delay in performing such duty result without fault by 

Zellwood in Zellwood’s failure to meet such waste load allocation upon expiration of 

this Consent Order, then Zellwood shall not be deemed to be in violation of applicable 
Appendix I 

St. Johns River Water Management District

577 

water quality standards for nutrients until St. Johns shall have performed such duty 

and a reasonable time shall have Passed for construction of the necessary works on the 

acquired lands. 

 16. Zellwood shall, within thirty (30) days of the effective date of this 

Consent Order, have a professional engineer registered in the State of Florida, 

commence development for Zellwood’s use the following: (a) a field calibrated water 

discharge pump curve in accordance with procedures of the Hydraulic Institute or 

other agreed to standards for each pump, including seepage pumps, that discharges 

directly or indirectly to surface waters of the State so that accurate pumping quantities 

can be determined and (b) discharge rating curves pursuant to agreed to standards for 

all proposed gate openings to be used at each inlet structure for the purpose of 

determining flow rates based on upstream and downstream water levels. Within one 

hundred and eighty (180) days of the effective date of this Consent Order, Zellwood 

shall have implemented an accurate means to determine the water volume used for 

irrigation and volume discharged. Raw data will be provided to St. Johns as collected 

on a monthly basis. 

 17. Zellwood shall maintain accurate pumping records showing hours 

pumped, gallons pumped, and the time the pump started and stopped. Zellwood shall 

maintain accurate hydrologic data including records of daily withdrawals from intake 

structures. Raw data shall be submitted quarterly to St. Johns. 

 18. Zellwood shall, within sixty (60) days after submittal to St. Johns of a 

Quality Assurance Plan, implement a monitoring program to sample its discharges to 

Lake Apopka and associated waterbodies. The monitoring program shall provide the 

following: Zellwood shall sample the first pump event at each pump station following 

the effective date of this Consent Order and every tenth pump event at each pump 

station thereafter. Each event shall be sampled as follows: the first sample collected after 

the discharge period has started, half way through the discharge period, and at the end 

before the discharge is stopped. The parameters to be sampled are Total Kjeldahl 

Nitrogen (TKN) Storet No. 625, Nitrate + Nitrate - Nitrogen (NO2 +NO3N ) Storet No. 

630, Ammonia - Nitrogen (NH3,-N) Storet No. 610, Total -Phosphorous (TP) Storet No. 

665, temperature Storet No. 10, Biochemical Oxygen Demand (BOD) (5 day) Storet No. 

310, Total Suspended Solids (TSS) Storet No. 530, Total Organic Carbon (TOC) Storet 

No. 680, Turbidity Storet No. 82079, Specific Conductivity Storet No. 95, field pH Storet 

No. 400, Dissolved oxygen (DO) Storet No. 300, Orthophosphorus Storet No. 70507 and 

those Pesticides /Herbicides listed at Section 173.121(20) Florida Administrative Code, 

which have actually been applied to the area being serviced by the pump being 

sampled prior to the pump event and since the last previous sample collected at said 

pump. If after one year of sampling, data does not indicate significant differences 

between samples, they may be composited. If, after one year’s sampling, any 

pesticide/herbicide is not detected, Zellwood may eliminate it from the list of 

parameters to be tested for in this paragraph. As to any other parameters except 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

578 

phosphorus, St. Johns’ Executive Director may waive the requirement of data collection 

in the event Zellwood demonstrates consistent compliance with water quality 

standards. Zellwood may use the results of St. Johns’ sampling programs for part or all 

of the required monitoring if the required method and parameters are sampled by St. 

Johns. Zellwood is responsible for notifying the St. Johns that sampling done by 

someone other than Zellwood is going to be relied upon by Zellwood. 

 19. Within ninety (90) days after completion of the system described in 

paragraph 6.A. above, Zellwood shall submit to the St. Johns six (6) copies of a Quality 

Assurance Plan (QAP). The QAP shall apply to all sampling and the analysis required 

by this Consent Order. The QAP shall be prepared in accordance with the requirements 

set forth in the document entitled: “DER Guidelines for Preparing Quality Assurance 

Plans DER-QA-001/85, January 30, 1986”. Any sampling done prior to submission of 

the QAP shall be done pursuant to the above-referenced guidelines. 

 20. Zellwood shall develop, on an annual basis from the effective date of 

this Consent Order, a list of types and amounts of pesticides listed in Subsection 17-

3.121(20), Florida Administrative Code, (general and restricted use) used on the farms 

for the preceding year. The list must be submitted annually to St. Johns. The 

information submitted pursuant to this paragraph is considered trade secrets and shall 

be kept confidential by St. Johns pursuant to Section 403.73, Florida Statutes. 

 21. Zellwood shall maintain all pumps control structures, riser boards, 

pipes, gates, and any other structures in good working condition. 

 22. Zellwood shall allow authorized representatives of St. Johns access to 

the property at reasonable times for the purpose of determining compliance with this 

Consent Order and the rules and regulations administered by St. Johns and for 

monitoring. 

 23. St. Johns hereby expressly reserves the right to initiate appropriate 

legal action to prevent or prohibit future violations of applicable statutes or the rules 

promulgated thereunder not addressed by this Consent Order. 

 24. Entry of this Consent Order does not relieve Zellwood of the need to 

comply with applicable federal, state or local laws, regulations, or ordinances. The entry 

of this Consent Order does not abrogate the rights of substantially affected persons who 

are not parties to this Consent Order, pursuant to Chapter 120, Florida Statutes. 

 25. The terms and conditions set forth in this Consent Order may be 

enforced in a court of competent jurisdiction pursuant to Sections 120.69, 403.121, and 

373-129, Florida Statutes. Failure to comply with the term of this Consent Order, 

including the specific discharge limitations set forth herein, shall constitute a violation 

or Section 40-3.161(1)(b) Florida Statutes. Zellwood, by executing this Consent Order, 

does not waive any defenses it may have including the illegality of the imposition of 

civil penalties against governmental entitles in the event enforcement of this Consent 

Order becomes necessary. 
Appendix I 

St. Johns River Water Management District

579 

 26. Time is of the essence in this Consent Order. If Zellwood is prevented 

from meeting a deadline or requirement specified in this Consent Order due to the 

Court having jurisdiction over the Plan of Reclamation or any condemnation 

proceedings, or due to acts of third parties, acts of God or other events which are 

beyond the control of the parties, so long as Zellwood is acting with due diligence, the 

time for meeting the deadline or requirement shall be extended by the number of days 

of the unavoidable delay. 

 27. No modification of the term of this Consent Order shall be effective 

until reduced to writing and executed by both Zellwood and St. Johns. 

A11 reports, plans, or data required by this Consent Order to be submitted to St. Johns 

should be sent to: 

 Director, Department of Resource Management 

 St. Johns River Water Management District 

 Post Office Box 1429 

 Palatka, Florida 32078-1429 

 29. Zellwood shall publish, at their expense within twenty one (21) days of 

the date that this Consent Order has been signed by all parties, in the legal ad section of 

a newspaper of general 

circulation in Orange County, Florida, the following notice: 

NOTICE OF PROPOSED AGENCY ACTION 

The St. Johns River Water Management District gives notice of proposed agency action 

of entering into an Order with Zellwood Drainage and Water Control District. The 

Consent Order addresses the construction of interceptor ditches to reduce the amount 

of nutrient laden water being discharged to Waters of the State. 

The Consent Order is available for public inspection during normal business hours, 8:00 

a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the St. Johns River 

Water Management District, Post Office Box 1429, Palatka, Florida 32078-1429. 

Persons whose substantial interests are affected by the above proposed agency action 

have a right, pursuant to Section 120.57, Florida Statutes, to petition for administrative 

determination (hearing) on the proposed action. The petition must conform to the 

requirements of Florida Administrative Code Rule 28-5, and must be filed (received) 

with the St. Johns River Water Management District, Office of Legal Services, Post 

Office Box 1429, Palatka, Florida 32078-1429, within fourteen (14) days of publication of 

this notice. Failure to file a petition within the 14 days constitutes a waiver of any right 

such person has to an administrative determination (hearing) pursuant to Section 

120.57, Florida Statutes. 

If a petition is filed, the administrative hearing process is designed to formulate agency 

action. Accordingly, the District’s final agency action may be different from the 

proposed agency action. Persons whose substantial interests will be affected by any 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

580 

decision of the District have a right to intervene in the proceeding. A petition for 

intervention must be filed pursuant to Model Rule 28-5.207, Florida Administrative 

Code at least five (5) days before the final hearing and be filed with the Hearing Officer 

if one has been assigned at the Division of Administrative Hearings, Department of 

Administration, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 

32399-1550. If no Hearing Officer has been assigned, the petition is to be filed with the 

St. Johns River Water Management District, Office of Legal Services, Post Office Box 

1429, Palatka, Florida 32078-1429. Failure to petition to intervene within the allowed 

time frame constitutes a waiver of any right such person has to an administrative 

determination (hearing) under Section 120.57, Florida Statutes. 

Zellwood shall provide proof of publication to the District within fourteen (14) days of 

this notice. 

 30. This Consent Order shall take effect upon the date of filing and 

acknowledgement by the Clerk of St. Johns unless a Petition for Administrative Hearing 

is filed in accordance with Chapter 120, Florida Statutes and it shall constitute final 

agency action by St. Johns pursuant to section 120.69, Florida Statutes, and Subsection 

17-103.110(3), Florida Administrative Code. Upon the timely filing of a petition, this 

Consent Order will not be effective until further order of this District. 

 31. The provisions of this Consent Order shall apply to and be binding upon the 

parties hereto, their officers, directors, agents, servants, employees, successors, and 

assigns and all persons, firms and corporations acting under, through, or for them and 

upon those persons, firms, and corporations in active concert or participation with 

them. 

 32. Upon full execution of this Consent Order, each of the parties will 

voluntarily dismiss, without prejudice, the lawsuits which each has brought against the 

other and which are presently pending in the Circuit Court of the Seventh Judicial 

Circuit, in and for Putnam County, Florida (Case Nos. 88-5545-CA-J and 88-6225CA-J). 

Each party will bear its own attorney’s fees and costs for those actions. Full execution of 

this Consent Order shall also resolve all issues related to harmful impacts to water 

quality and quantity in Lake Apopka by Zellwood in the consumptive use permitting 

case which is presently being litigated before the Division of Administrative Hearings 

(DOAH Case No. 85-0813). St. Johns shall issue to Zellwood its consumptive use permit 

for an annual allocation of not less than 10.9 billion gallons within 60 days after 

approval of this Consent Order. 

 33. This Consent Order shall be for a term of ten (10) years, commencing 

on the date of full execution by each of the parties and ending on midnight of the last 

day of the tenth year thereafter. 
Appendix I 

St. Johns River Water Management District

581 

DONE AND ORDERED this 15th day of May, 1989, at Palatka, Florida. 

FOR RESPONDENT: 

ZELLWOOD DRAINAGE AND WATER 

 CONTROL DISTRICT 

 940 North Highland Avenue 

 Orlando, Florida 32803 

May 15, 1989 BY: H. R. Clonts, Jr. 

DATE ITS:Pres.: Bd. of Supervisors 

FOR COMPLAINANT: 

ST. JOHNS RIVER WATER 

MANAGEMENT DISTRICT 

Post Office Box 1429 

Palatka, Florida. 32078-1429 

5/10/89 BY: 

DATE JOHN L. MINTON 

 CHAIRMAN 

RENDERED this 16th day of May, 1989. 

RUTH D. STUART 

DISTRICT CLERK 

FILING AND ACKNOWLEDGMENT 

 FILED, on this date. pursuant to 120.52(9) 

 Florida Statutes, with the designated District 

 Clerk, receipt of which is hereby acknowledged. 

 Ruth Stuart 5/16/89

 Clerk Date 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

582 

Exhibit B 

PARSONS BRINKERHOFF CORE & STORRIE, INC. 

TASK ORDER NO. 1 

SERVICES FOR SCREENING EVALUATION OF 

POTENTIAL RAPID INFILTRATION BASIN SITES 

FOR THE ZELLWOOD DRAINAGE & WATER CONTROL DISTRICT 

SCOPE OF WORK AND BUDGET 

The work to be performed under this scope of work will be provided by Parsons 

Brinckerhoff Gore & Storrie, Inc. (PBG&S) to the Zellwood Drainage & Water Control 

District (ZDWCD). This scope of work is for a screening evaluation of potential rapid 

infiltration basin (RIB) sites for disposal of up to 5 mgd of surface water from the 

ZDWCD. The screening evaluation is intended to examine limited information on the 

surficial aquifer geology and hydrology of individual geology sites to define a priority 

sequence which can assist in the selection of sites for more detailed subsequent 

investigation. The evaluation will be carried out at a level of effort consistent with the 

screening nature of the assessment and as limited by the available time and budget. 

SERVIVES TO BE PERFORMED BY PBG&S 

The following services are to be performed by PBG&S under this Task Order: 

1. PBG&S staff will review near-surface geologic characteristics of the area 

within which the candidate sites are located. This review will be based on information 

from: SCS soils maps and U.S. Geological Survey (USGS) Quadrangle maps. 

2. Based on information described in Item 1, PBG&S staff will recommend general 

areas within which the ZDWCD staff will seek candidate sites which might be available 

for sale. 

3. Once the ZDWCD staff have identified candidate sites which may be 

available in the preferred areas identified under Item 2, PSG&S staff will make a field 

visit to the candidate sites. PBG&S staff will attend a meeting with ZDWCD staff to 

select a short list of up to ten (10) sites for screening level geological investigation, and 

will recommend the geological investigations to be performed on the short listed 

candidate sites. 

4. PBG&S staff will attend a meeting with SJRWMD staff to discuss the 

analyses of lake characteristic to be performed by the SJRWMD. The purpose of this 

meeting wi11 be to ensure that mutually compatible analytic approaches are used by 

PBG&S and the SJRWMD. 

5. PBG&S staff will review the information from the screening geologic 

investigations of the candidate sites and from the SJRWMD lake analysis to verify 

whether any further analysis appears to be warranted. 

6. PBG&S staff will attend a meeting with staff from the ZDWCD and the 

SJRWMD to review the information from Items 1 through 5. Based on the information 
Appendix I 

St. Johns River Water Management District

583 

presented at this meeting, the ZDWCD will decide whether PBG&S should continue 

with Items 7 through 9 below. 

7. If the ZDWCD decides that further analysis of the suitability of one or 

more of the candidate sites appear to be justified, PBG&S staff will perform a further 

review of regional geologic characteristics based on the information described in Item 1, 

USGS and SJRWMD data on Floridan aquifer potentiometric elevations, available USGS 

publications on the geology of the area and well logs and Consumptive Use Permit 

(CUP) information to be provided by the SJRWMD. 

8. Based on the regional geologic review performed under Item 5, the lake analyses 

to be performed by the SJRWMD as described below, and the geologic investigations 

performed on the candidated sites, PBG&S will define the apparent priority of further 

investigation and analysis of candidate sites. PBG&S will deliver to the ZDWCD three 

(3) copies of a letter report presenting the recommended priorities for further 

investigations. 

9. PBG&S staff will attend a meeting with the ZDWCD and SJRWMD staffs 

to present their findings under this Task Order, and to discuss any further work to be 

undertaked. 

DATA AND SERVICES TO BE FURNISHED BY THE SJRWMD 

The following data and services are to be provided by the SJRWMD: 

1. The SJRWMD will attend a meeting with PBG&S staff to agree on the 

technical approach to be used by the SJRWMD in performing the work described in 

item 2 below. 

2. The SJRWMD will perform an analysis of the hydrology and hydraulics of 

Clear Water Lake and of the chain of lakes which includes Heiniger Lake, Sheppard 

Lake, Marshall Lake, Lake Fuller and Lake Semmes. This analysis will include 

information on the historical fluctuations of water levels in these lakes, the 100 yr 

floodplain elevation (if defined), an estimated water budget for the lakes, elevations and 

hydraulic conveyance capacities of hydraullic structures between the lakes (including 

the outfall by which water can overflow from the lake system back to ZDWCD 

property), property and structures within the floodplain of the lake system, and the 

preferred range of water elevations in the lakes for rehabilitation of the lake system. 

3. If the ZDWCD authorizes PBG&S to perform Items 7 through 9 of the 

“Services to be Performed by PBG&S”, the SJRWMD will provide PBG&S with all data 

in their files which may be useful to assist with PBG&S’s work under this Task Order. 

These data will include geologic logs and CUP’S issued within two miles of any 

candidate site. The SJRWMD will also provide all data in their files relating to water 

table and Floridan aquifer potentiometric elevations within two miles of any candidate 

site. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

584 

DATA AND SERVICES TO BE FURNISHED BY THE ZDWCD 

The ZDWCD will provide the following data and services: 

1. The ZDWCD will research the availability of land for sale in the preferred 

areas identified by PBG&S. Once the survey of available properties is complete, the 

ZDCWD will meet with PBG&S staff to discuss the candidate sites and select those for 

which screening level geological investigation will be performed. (Typical investigation 

of a small site would involve a deep standard penetration test, extraction of Shelby tube 

samples from several depths for laboratory testing of vertical hydraulic conductivity, 

and installation and slug testing of a piezometer). 

2. Once the candidate sites and the geological investigations to be performed 

have been agreed, the ZDWCD will contract with geotechnical consultant to perform 

the required investigations. 

3. The ZDWCD will coordinate the activities of the ZDWCD, PBG&S, the 

SJRWMD and the selected geotechnical consultant. The results of the geotechnical 

consultant’s investigations will be documented in a report to the ZDWCD. A copy of 

this report will be provided to PBG&S. 

4. After the meeting described in Item 6 of the “Services to be Performed by 

PBG&S”, the ZDWCD will provide PBG&S a written introduction to proceed or not to 

proceed with the work described in Items 7 through 9 of the “Services to be Performed 

by PBG&S”. 

SCHEDULE 

The meetings between the ZDWCD, PBG&S and the SJRWMD will be scheduled by the 

ZDWCD at times mutually agreed by the participants. 

Within seven (7) weeks of the ZDWCD issuing PBG&S with a written notice to proceed 

with the project, the following items will be performed: Items 1 through 4 of the 

“Services to be Performed by PBG&S”, Items 1 and 2 of the “Data and Services to be 

Furnished by the SJRWMD”, and Items 1 through 3 of the “Data and Services to be 

Furnished by the ZDWCD”. Within eight (8) weeks of the ZDWCD issuing PBG&S with 

a written notice to proceed with this project, PBG&S will complete Item 6 of the 

“Services to be Performed by PBG&S”. 

If the ZDWCD decides to proceed with items 7 through 9 of the “Services to be 

Performed by PBG&S”, within seven (7) days of the ZDWCD’s notice to continue with 

the project the SJRWMD will provide to PBG&S the information described in Item 3 of 

the “Data and Services to be Furnished by the SJRWMD”. PBG&S will provide a draft 

final report documenting our analysis performed under this Task Order within four (4) 

weeks after receiving written notice to proceed with Items 7 through 9 of the “Serviced 

to be Performed by PBG&S”. 
Appendix I 

St. Johns River Water Management District

585 

METHOD OF PAYMENT 

The ZDWCD will compensate PBG&S for the services described in this scope of work 

using the hourly rate plus direct expenses method. PBG&S will perform Item 1 through 

6 of the “Services to be Performed by PBG&S with an upset limit of $7,300.00 which will 

not be exceeded without the prior approval of the ZDWCD. If the ZDWCD decides to 

proceed with all the work described in the “Services to be Performed by PBG&S”, 

PBG&S will perform the work with a total upset limit of $13,300.00 which will not be 

exceeded without the prior approval of the ZDWCD. 

APPROVAL: 

Zellwood Drainage & Water Control District 

Signature: 

Name & Title: 

Date: 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

586 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 

IN RE: 

CONSENT ORDER BETWEEN 

ST. JOHNS RIVER WATER 

MANAGEMENT DISTRICT AND FILE OF RECORD NO. 88-636 

 ZELLWOOD DRAINAGE AND 

 WATER CONTROL DISTRICT 

AGREEMENT FOR MODIFICATION OF CONSENT ORDER 

The parties hereto, Zellwood Drainage and Water Control District (hereinafter 

“Zellwood”), and the St. Johns River Water Management District (hereinafter “St. 

Johns”), executed a Consent Order on May 15, 1989, which addresses certain water 

quantity and water quality issues with regard to farming activities conducted within 

Zellwood’s borders. Implementation of the Consent Order was delayed until August 14, 

1991 due to a petition for administrative hearing that was filed with regard to the 

Consent Order, the hearing on that petition, and subsequent appeals of the Final Order 

which resolved the issues raised by the petition. 

Since August 14, 1991, each of the parties hereto have proceeded in good faith toward 

meeting all requirements of the Consent Order in a timely manner. The next critical 

deadline by which an action must be completed is July 31, 1993, by which construction 

of the seepage interceptor system, described in Paragraph 6(A) of the Consent Order 

must be completed. The parties hereto have, however, engaged in discussions about an 

alternative method of phosphorus reduction, specifically, an upland disposal system, 

which may prove to be more effective in reducing phosphorus loading to Lake Apopka 

than the seepage interceptor system, while at the same time providing additional 

groundwater recharge. 

Although Zellwood is not required to install an upland disposal system in lieu of the 

seepage interceptor system specified in the Consent Order, it is willing to explore the 

feasibility of same. In order for the parties hereto to evaluate the financial, technical and 

environmental feasibility of an upland disposal system as a substitute for the seepage 

interceptor system, a temporary extension of certain deadlines contained in the Consent 

Order would be required in order to insure that Zellwood is not penalized for any good 

faith exploration of conversion to an upland disposal system. 

THEREFORE, the parties agree and stipulate to the following modifications of the 

existing Consent Order, a copy of which is attached hereto as Exhibit A.: 

 1. Due to the delay in implementation of the Consent Order described 

above, Paragraph 6(D) thereof would require Zellwood to complete construction of the 

seepage interceptor system by July 31, 1993. This deadline is hereby extended for a 

period not to exceed ninety (90) days, as provided in paragraph two, plus the number of 

days that transpire between approval by the Governing Board of St. Johns of this 

modification and the expiration of the point of entry for any parties whose substantial 
Appendix I 

St. Johns River Water Management District

587 

interests may be affected by this agreement. Expiration of the point of entry shall be 

established by the publication date for the notice to the public of St. Johns’ intent to 

approve this modification to the Consent Order. 

2. Zellwood, on its own behalf and on behalf of its consultant, and St. Johns agree to 

complete the tasks described in Task Order 1 entitled “Services for Screening Evaluation 

of Potential Rapid Infiltration Basin Sites for the Zellwood Drainage District”, provided 

that Zellwood executes Task Order No. 1 within three (3) days after the expiration of 

the point of entry for any parties whose substantial interests may be affected by this 

Modification Agreement. 

 3. Paragraphs 9 and 10 of the Consent Order set the phosphorous loading 

limitations which Zellwood is required to achieve. The commencement of the loading 

limitations in Paragraphs 9 and 10 shall be extended by the same amount of time as is 

described in Paragraph one (1) above. However, this modification shall not extend any 

other terms of the Consent Order. 

 4. Should Zellwood elect to cease further analysis and evaluation of an 

upland disposal alternative after completion of Task No. 6 as described in the attached 

Exhibit B under the heading, “Services To Be Performed By PBG&S” prior to the 

expiration of the ninety (90) day extension provided for in paragraphs 1 and 3 above, 

then said extensions shall immediately expire, and the time period for performing the 

duties provided for in Paragraphs 6(D), 9 and 10 of the Consent Order shall 

immediately be restarted. 

 5. This modification agreement is contingent upon no petitions for 

administrative proceedings being filed with regard to it. Should any third party file a 

timely request for administrative hearing on this agreement, then the agreement shall 

become voidable at the option of either of the parties and, if voided by either of the 

parties the terms of the Consent Order shall continue in place, without modification. 

 6. It is recognized that a complete evaluation of the financial, technical and 

environmental feasibility of converting to upland disposal could take longer than the 

period provided for herein. It is further recognized that should an upland disposal 

system prove feasible, further agreements would be necessary between the parties to 

establish specifications for the system, financing and final design for the system, as well 

as time for construction of the system. Any subsequent agreement which would further 

modify the Consent Order must be in writing and fully executed by each of the parties. 

Any such agreement would be subject to public notice and an opportunity provided to 

petition for administrative hearing by any substantially affected party. 

 7. Except as provided for herein, all terms and conditions of the Consent 

Order remain in full force and effect. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

588 

This Modification to Consent Order was executed by the parties on the date indicated 

below and thereafter rendered by the Clerk of St. Johns on the date so indicated. 

 Zellwood Drainage and Water 

 Control District 

 940 North Highland Ave. 

 Orlando, Florida 32803 

3/12/93 

Date 

By: Glenn R. Rogers 

President, Bd. of Supervisors 

 St. Johns River Water 

 Management District 

 P.O. Box 1429 

 Palatka, Florida 32178-1429 

3/10/93 

Date 

By: Joe E. Hill, Chairman 

 Governing Board 

Rendered this 11th day of March 1993. 

 Patricia C. Schultz 

 District Clerk 
Appendix I 

St. Johns River Water Management District

589 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 

IN RE: 

CONSENT ORDER BETWEEN 

ST. JOHNS RIVER WATER 

MANAGEMENT DISTRICT AND 

ZELLWOOD DRAINAGE AND File of Record No. 88-636 

WATER CONTROL DISTRICT 

SECOND AGREEMENT FOR 

MODIFICATION OF CONSENT ORDER 

The parties hereto, Zellwood Drainage and Water Control District (hereinafter 

“Zellwood”) and the St. Johns River Water Management District (hereinafter “St. 

Johns”), entered into an Agreement for Modification of Consent Order which was 

rendered on March 11, 1993. This agreement modified certain portions of a Consent 

Order between the parties which was rendered on May 16, 1989. A copy of the Consent 

Order is attached hereto as Exhibit No. 1 and a copy of the Agreement for Modification 

of Consent Order is attached hereto as Exhibit No. 2. 

Exhibit No. 2 describes a process and a timetable by which the parties hereto would 

explore the feasibility of substituting construction of an upland disposal system in lieu 

of the seepage interceptor system described in Exhibit No. 1. Substantially all of the 

tasks described in Exhibit No. 2 and the attachments thereto have been completed. 

As a result of the work done pursuant to Exhibit No. 2, the parties have determined that 

further technical, work must be accomplished in order to finally determine the 

feasibility of going forward with the upland disposal alternative. This will require 

further extension of certain time deadlines contained in the Consent Order and the 

modification thereto. 

THEREFORE, the parties agree and stipulate to the following second modification to 

the existing Consent Order: 

 1. The current deadline for completion of construction of the seepage interceptor 

system is November 19, 1993, as established by the first modification of the Consent 

Order. The construction deadline is hereby extended for a period not to exceed 90 days, 

plus the number of days that transpire between approval by the St. Johns Governing 

Board of this second modification and the expiration of the point of entry for any 

parties whose substantial interest may be affected by this agreement. Expiration of the 

point of entry shall be established by the publication date for the 14 days notice to the 

public of St. Johns’ intent to approve this second modification to the Consent Order. 

This 90 day extension shall begin to run immediately after the 14 day notice period. 

 2. Zellwood, on its own behalf, and on behalf of its consultant, and St. Johns 

agree to complete the tasks described in the Task Order attached hereto as Exhibit No. 

3, provided that Zellwood executes, Exhibit No. 3 within three (3) days after the 

expiration of the point of entry, as described in paragraph 1 above, for any parties 

whose substantial interests may be affected by this modification agreement. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

590 

 3. St. Johns, with the assistance of Zellwood, agrees to complete the tasks 

described in the Scope of Work for the Site Specific Hydraulic Loading Test, a copy a 

which is attached as Exhibit No. 4, within the 90 day extension period allowed herein. 

 4. Paragraphs 9 and 10 of the Consent Order, as modified by Exhibit No. 2, set 

the phosphorous loading limitations which Zellwood is required to achieve. The 

commencement of the loading limitations in Paragraphs 9 and 10, as modified by 

Exhibit No. 2 shall be extended by the same amount of time as is described in 

Paragraph 1 above. However, this modification shall not extend any other terms of the 

Consent Order. 

 5. It is recognized that substantial progress has been made to evaluate the 

technical feasibility of converting to an upland disposal system and that the hydraulic 

loading tests described in paragraphs 2 and 3 above will provide key information to 

finally determine the feasibility of the upland disposal alternative. The initial review 

has indicated that the upland disposal system may have much greater costs than 

originally envisioned and further feasibility evaluations will depend on the availability 

of funding to accomplish same. 

 6. This second modification agreement is contingent upon no petitions for 

administrative proceedings being filed with regard to it. Should any third party file a 

timely request for administrative hearing on this agreement, then the agreement shall 

become voidable at the option of either of the parties and, if voided by either of the 

parties the terms of the original Consent Order, as amended by the first modification 

agreement, shall continue in place. 

 7. It is recognized that a complete evaluation of the financial, technical and 

environmental feasibility of converting to upland disposal could take longer than the 

period provided for herein. It is further recognized that should an upland disposal 

system prove feasible, further agreements would be necessary between the parties to 

establish specifications for the system, funding and final design for the system, as well 

as time for construction of the system. Any subsequent agreement would be subject to 

public notice and opportunity provided to petition for administrative hearing by any 

substantially affected party 

 8. Except as provided for herein, all terms and conditions of the Consent Order, 

as previously modified, remain in full force and effect. 
Appendix I 

St. Johns River Water Management District

591 

This Second Agreement for Modification of Consent Order was executed by the parties 

on the date indicated below and thereafter rendered by the Clerk of St. Johns on the 

date so indicated. 

Zellwood Drainage and Water St. Johns River Water 

Control District Management District 

Glenn Rogers, President Joe E. Hill, Chairman 

Board of Supervisors Governing Board 

6/16/93 6/9/93

Date Date 

Rendered this 28th day of June, 1993 

Patricia C. Schultz 

District Clerk 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

592 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 

IN RE: 

CONSENT ORDER BETWEEN 

ST. JOHNS RIVER WATER 

MANAGEMENT DISTRICT AND File of Record No. 88-636 

ZELLWOOD DRAINAGE AND 

WATER CONTROL DISTRICT 

THIRD AGREEMENT FOR 

MODIFICATION OF CONSENT ORDER 

The parties hereto, Zellwood Drainage and Water Control District (hereinafter 

“Zellwood”) and the St. Johns River Water Management District (hereinafter “St. 

Johns”), entered into an Modification of Consent Order which was rendered on March 

11, 1993. This agreement modified certain portions of a Consent Order between the 

parties which was rendered on May 16. 1989. A second modification agreement 

between the patties was rendered on June 28, 1993. The Consent Order together with 

the two modifications thereto are hereby incorporated herein by reference. 

The first and second modifications to the consent order describe a process and a 

timetable by which the parties hereto would explore the feasibility of substituting 

construction of an upland disposal system in lieu of the seepage interceptor system 

described in the original Consent Order. Substantially all of the field work necessary for 

the feasibility study has been done, however, additional analysis of the data derived 

from the field work is necessary before a final conclusion regarding feasibility can be 

reached. Completion of the feasibility analysis will require further extension of certain 

time deadlines contained in the Consent Order and the modification thereto. 

THEREFORE, the parties agree and stipulate to the following third modification to the 

existing Consent Order: 

 1. The current deadline for completion of construction of the seepage 

interceptor system is March 9, 1994, as established by the second modification of the 

Consent Order. The construction deadline is hereby extended for a period not to exceed 

60 days, from the date this modification agreement is rendered by the St. Johns District 

Clerk. 

 2. Zellwood, on its own behalf, and on behalf of its consultant, and St. 

Johns agree to complete the feasibility analysis as described in the first and second 

modification agreements and the attachments thereto. 

 3. Paragraphs 9 and 10 of the Consent Order, as modified by the first and 

second modification agreements set the phosphorous loading limitations which 

Zellwood is required to achieve. The commencement of the loading limitations in 

Paragraphs 9 and 10, as modified by the second modification agreement, shall be 
Appendix I 

St. Johns River Water Management District

593 

extended by the same amount of time as is described in Paragraph 1 above. However, 

this modification shall not extend any other terms of the Consent Order. 

 4. It is recognized that substantial progress has been made to evaluate the 

technical feasibility of converting to an upland disposal system and the feasibility 

analysis described in paragraph 2 above will provide key information to finally 

determine the feasibility of the upland disposal alternative. The initial review has 

indicated that the upland disposal system may have much greater costs than originally 

envisioned and further pursuit of this alternative will depend on the availability of 

funding to accomplish same. 

 5. This third modification agreement is contingent upon no petitions for 

administrative proceedings being filed with regard to it. Should any third party file a 

timely request for administrative hearing on this agreement, then the agreement shall 

become voidable at the option of either of the parties and, if voided by either of the 

parties the terms of the original Consent Order, as amended by the first and second 

modification agreements, shall continue in place. 

 6. It is recognized that a complete evaluation of all of the financial, 

technical and environmental feasibility of converting to upland disposal could take 

longer than the period provided for herein. It is further recognized that should an 

upland disposal system prove feasible, further agreements would be necessary between 

the parties to establish specifications for the system, funding and final design for the 

system, as well as time for construction of the system. Any subsequent agreement 

would be subject to public notice and opportunity provided to petition for 

administrative hearing by any substantially affected party. 

 7. Except as provided for herein, all terms and conditions of the Consent 

Order, as previously modified, remain in full force and effect. 

This Third Agreement for Modification of Consent Order was executed by the parties 

on the date indicated below and thereafter rendered by the Clerk of St. Johns on the 

date so indicated. 

Zellwood Drainage and Water St. Johns River Water 

Control District Management District 

Glenn Rogers, President Joe E. Hill, Chairman 

Board of Supervisors Governing Board 

9/14/93 9/8/93

Date Date 

Rendered this 20th day of September, 1993 

Patricia C. Schultz 

District Clerk 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

594 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 

IN RE: 

CONSENT ORDER BETWEEN 

ST. JOHNS RIVER WATER 

MANAGEMENT DISTRICT AND File of Record No. 88-636 

ZELLWOOD DRAINAGE AND 

WATER CONTROL DISTRICT 

FOURTH AGREEMENT FOR 

MODIFICATION OF CONSENT ORDER 

The parties hereto, Zellwood Drainage and Water Control District (hereinafter 

Zellwood) and the St. Johns River Water Management District (hereinafter St. Johns), 

entered into an Agreement for Modification of Consent Order which was rendered on 

March 11, 1993. This agreement modified certain portions of a Consent Order between 

the parties which was rendered on May 16, 1989. Subsequently, a second modification 

agreement between the parties hereto was rendered on June 28, 1993, and a third 

modification agreement between the parties hereto was rendered on September 20, 

1993. The original Consent Order together with the three modifications thereof are 

hereby incorporated by reference herein. 

The first, second and third modification agreements describe a process and a timetable 

by which the parties would explore the feasibility of substituting construction of an 

upland disposal system in lieu of the seepage interceptor system described in the 

original Consent Order. This feasibility study has now been completed and it concludes 

that it is technically feasible to dispose of up to five million gallons of farm runoff water 

through upland rapid infiltration basins in the vicinity of Zellwood. 

Having determined the technical feasibility of an upland disposal system, the next 

immediate step toward creating such a system at this location is the creation of a 

conceptual engineering design for it. If the parties are to continue to explore this 

alternative for reducing the amount of phosphorus discharged to Lake Apopka, a 

further extension of certain deadlines contained in the Consent Order, as modified, is 

necessary in order to generate a conceptual engineering design. Each of the parties 

hereto does, in fact, desire to take this next step in the process. 

In addition, the parties hereto have examined certain of the monitoring requirements 

contained in the original Consent Order and have determined that some can be 

modified to improve the data derived from monitoring and also to reduce some of the 

burdens associated with the monitoring. 

Therefore, the parties agree and stipulate to the following fourth modification to the 

original Consent Order: 

 1. The current deadline for completion of construction of the seepage interceptor 

system is May 8, 1994, as established by the third modification of the Consent Order. 

The construction deadline is hereby extended for a period not to exceed 270 days from 

the date this modification agreement is rendered by the St. Johns District Clerk. 
Appendix I 

St. Johns River Water Management District

595 

 2. Zellwood, by and through its employees, agents and consultants, and St. Johns 

agree to complete the conceptual design process set forth in the attached Exhibits “A” 

and “B”. The various tasks outlined in Exhibit A will be Zellwood’s responsibility and 

the tasks outlined in Exhibit B will be St. Johns’ responsibility. Each party will be 

responsible for performing its assigned tasks within the time frames specified in 

Exhibits A and B. This time schedule and the extension granted in paragraph 1 above 

are calculated to allow the design process to be completed in time for the parties hereto 

to evaluate and act on any further steps beyond the design phase by the date of the 

August, 1994 meeting of the St. Johns Governing Board. 

 3. Paragraphs 9 and 10 of the original Consent Order, as modified by the first, 

second and third modification agreements, set the phosphorus loading limitations 

which Zellwood is required to achieve. The commencement of the loading limitations in 

Paragraphs 9 and 10, as modified by the third modification agreement, shall be 

extended by the same amount of time as is described in paragraph 1 above. However, 

this modification shall not extend any other terms of the original Consent Order. 

 4. With the completion of the technical feasibility determination, substantial 

progress has been made toward possible implementation of an upland disposal system 

for Zellwood. Completion of the conceptual design will be a further step toward this 

potential alternative. The parties recognize that further progress toward actual 

implementation of an upland disposal system will depend on the availability of funding 

for same. 

 5. It is recognized that a complete evaluation of all of the financial, technical and 

environmental requirements of converting to upland disposal could take longer than 

the period provided for herein. It is further recognized that after a conceptual design is 

completed for an upland disposal system at this location, moving toward 

implementation of the system would require further agreements to provide for final 

design of and funding for the system. Any subsequent agreement would be subject to 

public notice and opportunity provided to petition for administrative hearing by any 

substantially affected party. 

 6. Effective January 1, 1994, the monitoring requirements described in paragraph 

8 of the original Consent Order shall be eliminated, and the following monitoring and 

reporting requirements will apply in place thereof: 

(a) The final 1993 monthly water budget calculation, as described in paragraph 8(D), 

must be submitted by March 30, 1994. 

Water discharged from the seepage interception system, if constructed, must be 

sampled monthly at each pump for total phosphorus. Sampling results must be 

submitted to the District quarterly, within 30 days of the end of the previous calendar 

quarter. 

(c)Zellwood must record crops grown, including date of planting and harvest, crop 

types, and acreage of planting. Aggregated crop records must be submitted to the 

District annually, within 30 days of the end of the previous year. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

596 

(d) The data specified in sections (b) and (c) above shall be collected for the life of the 

Consent Order. 

 7. Effective January 1, 1994, the monitoring requirements described in paragraph 

18 of the original Consent Order shall be eliminated, and the following monitoring and 

reporting requirements will apply: 

 (a) Zellwood shall implement a monitoring program to sample its discharges to 

Lake Apopka and associated water bodies. The monitoring program shall consist of 

composite sampling of every pump event at pump stations PS1 and PS2, and discrete 

monthly sampling of pump stations P3, P4 and P9, if operated. Samples shall be 

collected at the pump station inlet and analyzed for Total Phosphorus. Composited 

samples shall be collected 15 minutes after initiation of a sample event, and every four 

hours thereafter until the end of the sample event, using a nonrefrigerated autosampler 

and acidified sample bottles. Composited samples must be removed biweekly and 

transported to the analytical laboratory. Pump events at pump stations P3, P4, and P9 

must be sampled monthly, If no pumps were operated within a pump station during a 

particular month, no sample is required for that month. An acid-preserved, discrete 

sample shall be collected 15 minutes after the initiation of a sample event, and 

transported to the analytical laboratory with the biweekly composite sample. If the 

discharge from any pump station exceeds 5% of the total volume discharged on an 

annual basis, Zellwood will implement a program to monitor each pump event at that 

particular pump station for total phosphorus, through manual or automated means. 

Samples must be submitted to a laboratory, certified by the Department of Health and 

Rehabilitative Services, for analysis within 28 days of initial sample collection. Sample 

results must be submitted to the District quarterly, within 30 days after the end of each 

calendar quarter. 

(b) Zellwood must submit a revised quality assurance plan for District approval by 

December 15, 1993. 

 8. This fourth modification agreement is contingent upon no petitions for 

administrative proceedings being filed with regard to it. Should any third party file a 

timely request for administrative hearing on this agreement, then the agreement shall 

become voidable at the option of either of the parties and, if voided by either of the 

parties, the terms of the original Consent Order, as amended by the first, second and 

third modification agreements, shall continue in place. 

 9. Except as provided herein, all terms and conditions of the original Consent 

Order, as previously modified, remain in full force and effect. 
Appendix I 

St. Johns River Water Management District

597 

This Fourth Agreement for Modification of Consent Order was executed by the parties 

on the date indicated below and thereafter rendered by the Clerk of St. Johns on the 

date so indicated . 

Zellwood Drainage and Water St. Johns River Water 

Control District Management District 

Glenn Rogers, President Patricia Harden, Chair 

Board of Supervisor Governing Board 

11/15/93 11/10/93

Rendered this 17th day of November, 1993 

Patricia C. Schultz 

District Clerk 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

598 

PARSONS BRINCKERHOFF GORE & STORRIE, INC. 

TASK ORDER NO. 3 

SERVICES FOR CAPACITY ASSESSMENT 

AND CONCEPTUAL DESIGN OF A 

POTENTIAL RAPID INFILTRATION BASIN SITE 

FOR THE ZELLWOOD DRAINAGE & WATER CONTROL DISTRICT 

SCOPE OF WORK, SCHEDULE AND BUDGET 

The work to be performed under this scope of work will be provided by Parsons 

Brinckerhoff Gore & Storrie, Inc. (PBG&S) to the Zellwood Drainage & Water Control 

District (ZDWCD). This scope of work is for further evaluation of the potential recharge 

capacity of the properties to the east, southeast and west of Lower Lake Doe and Lake 

Witherington. Based on the evaluation results, PBG&S will make recommendations to 

the ZDWCD on the suitability of this site for development of an infiltration system for 

disposal of stormwater from the ZDWCD. If the site appears to have adequate capacity, 

PBG&S will make recommendations on the conceptual design of an appropriate 

infiltration system. PBG&S will also provide information to assist the ZDWCD to 

develop preliminary cost estimates for construction and operation of the system. 

SERVICES TO BE PERFORMED BY PBG&S 

The following services are to be performed by PBG&S under this Task Order: 

1. Hydrogeologic Investigation

1.1 PBG&S staff will select locations for additional borings to be used for correlation 

with the ground penetrating radar (GPR) surveys obtained by the ZDWCD. PBG&S 

staff will interpret additional GPR surveys to be obtained by the ZDWCD from the 

property to the east and southeast of Lower Doe Lake and Lake Witherington. 

1.2 PBG&S staff will select a location for a load test cell further uphill from the load 

test cell which was used under Task Order 2. The location will be selected to provide 

information on the degree of confinement in the uphill zone which was unaffected by 

the previous load test. PBG&S will develop a plan for installation of piezometers 

around the test cell. 

1.3 PBG&S staff will provide ZDWCD staff with guidance on performance of the 

load test, and will interpret the load test result. 

2. Groundwater Modeling

2.1 PBG&S will coordinate with the SJRWMD staff in their assessment of long-term 

fluctuations in the potentiometric, surface of the Floridan aquifer in response to rainfall 

fluctuations and changes in net recharge caused by development. This analysis will be 

used to derive a projected baseline range of Floridan potentiometric, values, to be used 

in modeling projections of the capacity of the proposed RIB sites. 
Appendix I 

St. Johns River Water Management District

599 

2.2 Based on the work performed under Task Orders 1 and 2, and on the data from 

items 1a through 2a above, PBG&S will set up a groundwater flow model grid to 

represent the hydrologic system of the preferred potential RIB sites around Lower Lake 

Doe and Lake Witherington. 

2.3 PBG&S will calibrate the groundwater flow model to the extent feasible with the 

available data. 

2.4 PBG&S will use the calibrated groundwater flow model to assess the best 

locations for RIBs on the proposed property, and to estimate the maximum practically 

achievable steady-state RIB capacity. PBG&S will also use the model to estimate the 

post-loading recovery rates for the proposed RIBs, to assist in assessment of a practical 

operating system for the facilities. 

2.5 PBG&S will perform a sensitivity analysis of the groundwater flow model to 

assess the uncertainty in the projected RIB system capacity due to the limited available 

calibration data. (Note. Calibration data are limited because portions of the surficial 

aquifer system are completely unsaturated under natural conditions. Therefore there 

are no background data available showing water levels under natural recharge 

conditions to provide a calibration condition for the groundwater flow model). 

2.6 PBG&S staff will review the results of the phosphorus adsorption capacity 

testing performed by the SJRWMD. Based on these results and consultation with the 

SJRWMD over water quality control aspects of the SJRWMD surface water management 

plan, PBG&S will advise the ZDWCD whether numerical phosphorus transport 

modeling appears necessary. If phosphorus transport modeling is required, PBG&S will 

provide the ZDWCD with an amendment to this scope of work and budget to cover the 

additional work. 

3. Conceptual Design of a Surface Water Control System

3.1 PBG&S will coordinate with the SJRWMD staff who will perform the analysis for 

conceptual design of a surface water control system for the Lake Doe/Lake 

Witherington chain of lakes. PBG&S will share information with the SJRWMD so that 

the surface water analysis and the groundwater modeling are compatible with each 

other. 

4. Conceptual Design of a RIB System

4.1 PBG&S will develop a conceptual design for a RIB system to be built on the 

proposed infiltration site(s). The conceptual design will include RIB cell locations and 

general geometry, including bottom elevation, berm heights and overflow control 

structure elevation. The conceptual design will also include a flow distribution and 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

600 

control system to distribute flows between the various RIB cells. The conceptual design 

will provide schematic figures, but will not include engineering design drawings. 

4.2 PBG&S will develop a preliminary RIB operating plan which will include 

recommendations on groundwater and surface water monitoring required to assist in 

decisions on operational distribution of flows between RIBs. 

5. Conceptual Design of a Water Conveyance System

5.1 PBG&S will coordinate with the ZDWCD Staff who will provide a conceptual 

design for the conveyance system to collect surface water from the ZDWCD and pump 

it to the proposed RIB site(s). PBG&S will share information with the ZDWCD so that 

the conveyance system, the RIB distribution system and operating plan are compatible 

with each other. 

6. Preliminary Cost Estimates for Construction and Operation 

6.1 PBG&S will assist the ZDWCD to develop preliminary cost estimates for design 

and construction of the proposed RIB system. PBG&S will provide the ZDWCD with 

preliminary estimates of the amount of earth moving which will be required, typical 

costs for construction of the proposed flow distribution system between the RIBs, the 

cost of groundwater monitor wells, the cost of any proposed water quality sampling, 

and the expected frequency of maintenance activities such as mowing RIB berms and 

disking RIB bottoms. 

7. Coordination, Communication and Final Report

7.1 PBG&S will perform routine project coordination with the staffs of the ZDWCD 

and the SJRWMD. The project coordination will include attendance at up to ten (10) 

meetings, of which at least five (5) will be held either at PBG&S’s offices or at the 

SJRWMD offices in Orlando. 

7.2 PBG&S will provide the ZDWCD with a report documenting the additional 

hydrogeologic investigations, the groundwater modeling, and the conceptual RIB 

system design. 

DATA AND SERVICES TO BE FURNISHED BY THE SJRWMD 

The following data and services are to be provided by the SJRWMD: 

1. Hydrogeologic Investigation

1.1 SJRWMD staff will attend a meeting with PBG&S staff to discuss the additional 

investigations of the lakes south of Lake Witherington which will be performed by the 

SJRWMD. These investigations may include borings designed to provide additional 
Appendix I 

St. Johns River Water Management District

601 

information on the hydrogeologic conditions below these lakes to assist the SJRWMD to 

estimate their potential leakage to the Floridan aquifer. The SJRWMD will estimate of 

potential leakage rates by comparing the borings to those made adjacent to the load test 

in Lake Witherington. 

1.2 The SJRWMD will provide phosphorus adsorption capacity testing on 

representative soil samples from the proposed RIB site(s). The testing will be designed 

to provide both total adsorption capacity, and adsorption rate coefficient, suitable for 

modeling phosphorus transport from the infiltration basins. 

2. Conceptual Design of a Surface Water Control System

2.1 The SJRWMD will provide a conceptual design for a surface water control 

system for the Lake Doe/Lake Witherington chain of lakes. The control system will be 

designed to ensure that the RIB system does not increase the risk of flooding during wet 

weather on properties adjacent to the chain of lakes. The conceptual design will include 

provision for appropriate control structures between lakes, with sufficient storm 

conveyance capacity to prevent flooding by conveying excess wet weather flows out of 

the chain of lakes. The conveyance system will include an ultimate discharge structure 

which will either convey the flood waters back to the ZDWCD or to Lake Apopka. The 

choice of discharge destination will depend on technical feasibility and costeffectiveness. 

2.2 The SJRWMD conceptual surface water control system design will include 

consideration of any necessary alterations to the vegetation which has invaded the dry 

lake bottoms, and preferred operating levels for the lakes. The plan will also address the 

potential water quality impacts of rehydrating the desiccated muck soils in the lake 

bottoms, 

2.3 The SJRWMD conceptual surface water control system design will include a plan 

for any necessary routine monitoring and operational control activities. 

3. Preliminary Cost Estimates for Final Design, Construction and Operation

3.1 The SJRWMD will provide the ZDWCD with preliminary estimates of the costs 

for final design, construction and operation of the surface water control system. 

4. Coordination and Communication and Final Report

4.1 The SJRWMD will assist PBG&S and the staff of the ZDWCD in normal project 

coordination activities. The project coordination will include attendance at up to ten (10) 

meetings, of which at least five (5) will be held either at PBG&S’s offices or at the 

SJRWMD offices in Orlando. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

602 

4.2 The SJRWMD will provide the ZDWCD with a written report documenting the 

conceptual design of the surface water control system, and the plan for its operational 

monitoring and control. The report will also present the preliminary cost estimates 

described in item 3.1 immediately above. 

DATA AND SERVICES TO BE FURNISHED BY THE ZDWCD 

The ZDWCD will provide the following data and services: 

1. Hydrogeologic Investigation

1.1 The ZDWCD will obtain the services of a qualified contractor or agency to 

provide GPR scans of the hillside to the east and southeast of Lake Witherington. The 

contractor or agency will also extend the existing GPR survey on the west side of Lower 

Lake Doe and Lake Witherington. The locations for GPR transects will be selected 

through consultation with PBG&S. 

1.2 Once the second upland load test location has been selected, the ZDWCD will 

construct a test cell in the selected location. The ZDWCD will obtain the services of a 

qualified contractor or agency to install piezometers and obtain soil samples around the 

test cell at locations and depths specified by PBG&S. The ZDWCD will survey the tops 

of the piezometer casings to a relative accuracy of ± 0.01 ft. 

1.3 The ZDWCD (with assistance from the SJRWMD) will provide a pump and 

conveyance system to discharge water from a Floridan aquifer well into the test cell at a 

flow rate up to 250 gpm. The flow rate shall be adjustable (eg. through use of a throttle 

valve), and flows will be metered using a totalizing flow meter. The test cell will be 

provided with a float control to maintain ponded water elevations within a selected 

operating range by switching the pump on and off. 

1.4 The ZDWCD will monitor the test flows daily, and will record the daily flow 

volumes supplied to the test cell. ZDWCD staff will monitor water levels in the 

piezometers around the test cell and the elevation of any water ponded in the test cell. 

The ZDWCD will maintain a record of daily rainfall during the load test. 

2. Conceptual Design of a Flow Conveyance System

2.1 The ZDWCD will provide a conceptual design for a flow conveyance system to 

collect and store surface waters from thee ZDWCD and pump then to the proposed 

infiltration site(s) for distribution to the RIBs. The conceptual design of the conveyance 

system will include collections ditches, a storage pond, pumping facilities, piping from 

the ZDWCD to the proposed site(s), and a flow control system. 
Appendix I 

St. Johns River Water Management District

603 

3. Preliminary Cost Estimates for Final Design, Construction and Operation

3.1 The ZDWCD will prepare cost estimates of the total costs for final design, land 

purchase, and construction and operation of the surface water infiltration system. The 

cost estimates will be based on the information provided by PBG&S and the SJRWMD 

supplemented by additional information provided by the ZDWCD. 

4. Coordination and Communication

4.1 The ZDWCD will assist PBG&S and the staff of the SJRWMD in normal project 

coordination activities. The project coordination will include attendance at up to ten (10) 

meetings, of which at least five (5) will be held either at PBG&S’s offices or at the 

SJRWMD offices in Orlando. 

SCHEDULE 

The meetings between the ZDWCD, PBG&S and the SJRWMD will be scheduled by the 

ZDWCD at times mutually agreed by the participants. 

The GPR investigation and the additional borings in the upland areas and lake bottoms 

will be completed within four (4) weeks of project start-up. 

The duration of the load tests will depend on the water level response which is 

observed in the test piezometers. The tests may run for up to three (3) months. 

Provided that the load test is completed within eleven (11) weeks of project start-up, 

PBG&S will complete interpretation of the load test results and set-up of the 

groundwater flow model within fourteen (14) weeks of project start-up. PBG&S and 

SJRWMD staffs will then attend a meeting with the ZDWCD to review the additional 

information and decide if further analysis is warranted. 

If further analysis is approved by the ZDWCD, PBG&S will proceed with calibration of 

the groundwater model and assessment of the available capacity of the proposed RIB 

system. The SJRWMD will proceed in parallel with PBG&S to perform the conceptual 

design of the surface water management system (this information will be incorporated 

into the groundwater model). The SJRWMD will complete analysis of the surface water 

system within eight (8) weeks of the notice from the ZDWCD to PBG&S to proceed with 

this portion of the project. PBG&S will complete the groundwater capacity modeling 

within four (4) weeks after receiving the SJRWMD’s analysis and conceptual design of 

the surface water system. 

Once the capacity analysis of the proposed RIB system is completed, PBG&S will met 

with the ZDWCD and the SJRWMD to discuss the results. If the capacity is high enough 

to warrant further preliminary design work, the ZDWCD will authorize PBG&S to 

proceed with the final phase of this Task Order 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

604 

If so authorized by the ZDWCD, PBG&S will proceed with conceptual design of the RIB 

system. The conceptual design and associated preliminary cost estimates will be 

completed within eight (8) weeks of the ZDWCD’s authorization to proceed. Within the 

same time period, the SJRWMD will provide the preliminary cost estimates associated 

with the surface water control system, and the ZDWCD will proceed with conceptual 

design of the surface water conveyance system from the ZDWCD to the proposed RIB 

site(s). 

PBG&S will provide the ZDWCD with a written report documenting PBG&S’s work 

under this Task Order within ten (10) weeks of the ZDWCD’s authorization to proceed 

with the conceptual design and cost estimates for the RIB system. 

If the load test can be completed within eleven (11) weeks from project start-up, the 

project is scheduled to be completed in thirty three (33) weeks. 

METHOD OF PAYMENT 

The ZDWCD will compensate PBG&S for the services described in this scope of work 

using the hourly rate plus direct expenses method. The hourly rates for personnel 

utilized in the performance of this Task Order, including overhead factors and 

operating margin, shall be as follows; 

Personnel Category Rate ($/hr)

Principal Engineer/Geologist/Scientist 95 - 120 

Senior Manager/Engineer/Geologist/Scientist 65 - 95 

Project Engineer/Geologist/Scientist 50 - 70 

Staff Engineer/Geologist/Scientist 40 - 55 

Project Administrator 40 - 50 

Secretary 20 - 30 

PBG&S will perform the “Services to be Performed by PBG&S” with an upset limit of 

$_____ which will not be exceeded without the prior approval of the ZDWCD. 

APPROVAL: 

Zellwood Drainage & Water Control District 

Signature: 

Name & Title: 

Date: 
Appendix I 

St. Johns River Water Management District

605 

Conceptual Design of Surface water Management Plan 

Scope of Work 

This scope of work is for development of a conceptual surface water management plan 

for a portion of the Zellwood Chain of Lakes (from Lower Lake Doe to SR 437). 

Services to be performed by the District 

The following tasks will be performed by the District: 

1. District staff will evaluate hydraulic constraints and flood elevations within the 

specified portion of the chain of lakes. If appropriate, District staff will develop a 

conveyance and routing model. District staff will recommend a conceptual water 

management strategy, which will include control elevations and structures, if necessary. 

2. District staff will examine the relationship between rainfall and Floridan aquifer 

levels to assist in evaluating the long-term response of the chain of lakes to additional 

hydrologic inputs. 

3. District staff will determine desired wetland hydroperiods within the specified 

portion of the chain of lakes. 

4. District staff will develop a water quality management strategy for the specified 

portion of the chain of lakes if appropriate, limited water quality sampling will be 

performed. The phosphorus adsorption capacity of the proposed Rapid Infiltration 

Basin site will be tested and evaluated. 

5. District staff will continue to cooperate with Zellwood in performing the RIB 

conceptual design study, where staff time and equipment allow. 

6. District staff, with the approval of Zellwood, will periodically provide updates to 

Zellwood and their consultant regarding the District’s evaluation. The District will 

provide copies of the results of the phosphorus adsorption analysis to Zellwood. 

7. District staff will provide a written report to Zellwood. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

606 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 

IN RE: 

CONSENT ORDER BETWEEN 

ST. JOHNS RIVER WATER 

MANAGEMENT DISTRICT AND File of Record No. 88-636 

ZELLWOOD DRAINAGE AND 

WATER CONTROL DISTRICT 

FIFTH AGREEMENT FOR 

MODIFICATION OF CONSENT ORDER 

The parties hereto, Zellwood Drainage and Water Control District (hereinafter 

Zellwood), and the St. Johns River Water Management District (hereinafter St. Johns), 

entered into an Agreement for Modification of Consent Order which was rendered on 

March 11, 1993. This agreement modified certain portions of a Consent Order between 

the parties which was rendered on May 16, 1989. Subsequently, a second modification 

agreement between the parties hereto was rendered on June 28, 1993, a third 

modification agreement between the parties hereto was rendered on September 20, 

1993, and a fourth modification agreement between the parties hereto was rendered on 

November 17, 1993. The original Consent Order together with the four modifications 

thereof are hereby incorporated by reference herein. 

The first, second, third, and fourth modification agreements describe a process and a 

timetable by which the parties would explore the feasibility of substituting construction 

of an upland disposal system in lieu of the seepage interceptor system described in the 

original Consent Order. This feasibility study has now been completed and it concludes 

that it is technically feasible to dispose of up to five million gallons of farm runoff water 

through upland rapid infiltration basins in the vicinity of Zellwood. 

Having determined the technical feasibility of an upland disposal system, the next 

immediate step toward creating such a system at this location is the creation of a 

conceptual engineering design for it. Although a conceptual engineering design has 

largely been completed, there is still some additional analysis which must be completed 

before further consideration of pursuing and upland disposal alternative may go 

forward. An additional extension of certain deadlines contained in the Consent Order, 

as modified, is necessary in order to complete the analysis of the conceptual engineering 

design. 

Therefore, the parties agree and stipulate to the following fourth modification to the 

original Consent Order: 

 1. The current deadline for completion of construction of the seepage interceptor 

system is February 2, 1995, as established by the fourth modification of the Consent 

Order. The construction deadline is hereby extended for a period not to exceed 91 days 

from the date this modification agreement is rendered by the St. Johns District Clerk. 

 2. Zellwood, by and through its employees, agents and consultants, and St. Johns 

agree to complete the conceptual design process set forth in the fourth modification 
Appendix I 

St. Johns River Water Management District

607 

agreement. This time schedule and the extension granted in paragraph 1 above are 

calculated to allow the design process to be completed in time for the parties hereto to 

evaluate and act on any further steps beyond the design phase by the date of the 

November, 1994 meeting of the St. Johns Governing Board. 

 3. Paragraphs 9 and 10 of the original Consent Order, as modified by the first, 

second third and fourth modification agreements, set the phosphorus loading 

limitations which Zellwood is required to achieve. The commencement of the loading 

limitations in Paragraphs 9 and 10, as modified by the fourth modification agreement, 

shall be extended by the same amount of time as is described in paragraph 1 above. 

However, this modification shall not extend any other terms of the original Consent 

Order. 

 4. With the completion of the technical feasibility determination, substantial 

progress has been made toward possible implementation of an upland disposal system 

for Zellwood. Completion of the conceptual design will be a further step toward this 

potential alternative. The parties recognize that further progress toward actual 

implementation of an upland disposal system will depend on the availability of funding 

for same. 

 5. It is recognized that a complete evaluation of all of the financial, technical and 

environmental requirements of converting to upland disposal could take longer than 

the period provided for herein. It is further recognized that after a conceptual design is 

completed for an upland disposal system at this location, moving toward 

implementation of the system would require further agreements to provide for final 

design of and funding for the system. Any subsequent agreement would be subject to 

public notice and opportunity provided to petition for administrative hearing by any 

substantially affected party. 

 6. This fifth modification agreement is contingent upon no petitions for 

administrative proceedings being filed with regard to it. Should any third party file a 

timely request for administrative hearing on this agreement, then the agreement shall 

become voidable at the option of either of the parties and, if voided by either of the 

parties, the terms of the original Consent Order, as amended by the first, second third 

and fourth modification agreements, shall continue in place. 

 9. Except as provided herein, all terms and conditions of the original Consent 

Order, as previously modified, remain in full force and effect. 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

608 

This Fifth Agreement for Modification of Consent Order was executed by the parties on 

the date indicated below and thereafter rendered by the Clerk of St. Johns on the date so 

indicated. 

Zellwood Drainage and Water St. Johns River Water 

Control District Management District 

Glenn Rogers, President Patricia Harden, Chair 

Board of Supervisors Governing Board 

8/18/94 8/10/94

Date Date 

Rendered this 23rd day of August, 1994 

Patricia C. Schultz 

District Clerk 
Appendix I 

St. Johns River Water Management District

609 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 

IN RE: 

CONSENT ORDER BETWEEN 

ST. JOHNS RIVER WATER 

MANAGEMENT DISTRICT AND F.O.R. No. 88-636 

ZELLWOOD DRAINAGE AND 

WATER CONTROL DISTRICT 

SEVENTH AGREEMENT FOR 

MODIFICATION OF CONSENT ORDER 

The parties hereto, Zellwood Drainage and Water Control District (hereinafter 

“Zellwood”), and the St. Johns River Water Management District (hereinafter “St. 

Johns”) entered into a Consent Order which was rendered by St. Johns on May 16, 1989, 

and bears the above File of Record number. Said Consent Order addresses regulation of 

Zellwood’s discharge of water to Lake Apopka in connection with the agricultural 

activities conducted within Zellwood’s borders. There have been six previous 

agreements for modification of the Consent Order. 

The first through fifth modifications of the Consent Order extended certain deadlines 

therein while the parties explored the feasibility of substituting an upland disposal 

system, designed to dispose of portions of the water Zellwood currently discharges to 

Lake Apopka, for the seepage interceptor system provided for in Paragraph 6(A) of the 

Consent Order. The sixth modification to the Consent Order further extended certain 

deadlines in the Consent Order for the purpose of the parties exploring the feasibility of 

substituting an alum injection system for the seepage interceptor system. Based on the 

feasibility evaluation performed for Zellwood by its consultant, Environmental 

Research & Design, Inc. (ERD), the inclusion of an alum injection system as a 

component of Zellwood’s overall strategies to reduce or render phosphorus discharges 

less available to Lake Apopka, is feasible. The parties have, as a consequence of this 

study, mutually agreed to the installation and further evaluation of an alum injection 

system by Zellwood in accordance with the terms and limitations set forth herein. 

Therefore, the parties do hereby agree and stipulate to the following seventh 

modification to the existing Consent Order: 

1. The provisions of Paragraph 6 of the original Consent Order as it describes and 

relates to the construction of a seepage interceptor system, designed for the purpose of 

intercepting water seeping under Zellwood’s dike and then pumping it back into Lake 

Apopka, are hereby eliminated. 

 2. As a substitute for construction and operation of the seepage 

interceptor system, Zellwood will construct and operate an alum injection system at its 

Pump Station No. 2, or additional pumps as determined by the study described in 

Paragraph 5 below, in a manner projected to reduce the orthophosphate loads from 

Zellwood’s Pump Station No. 2 by the equivalent of 80% on a flow-weighted annual 

average basis beginning in calendar year 1997. The operational criteria shall be 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

610 

determined based on the study described in paragraph 5 below. The system will be 

constructed in accordance with the plans and specifications submitted to St. Johns on 

March 8, 1995 and April 11, 1995, which include an operation and maintenance plan. 

Any significant deviation from the plan must be agreed upon in writing by both parties 

prior thereto. 

3. The parties hereto recognize that the treatment efficiencies obtained in the field tests 

performed by Zellwood’s consultant in January, 1995, do not necessarily represent the 

full range of operational conditions Zellwood encounters over a year, either in terms of 

volumes of water to be treated at various times of the year or in terms of phosphorus 

concentrations contained in the water. The alum dosage rate and injection method 

necessary to achieve the equivalent of an 80% treatment efficiency for orthophosphate 

at Pump Station No. 2, on a flow-weighted annual average basis, are likely dependent 

on these variables. The parties agree that operation of the alum injection system 

described in the March 8, 1995 and April 11, 1995, plans submitted to St. Johns which 

are referred to in Paragraph 2 above, for a minimum period of one year will be 

necessary in order to determine a dosage rate of alum and operational conditions 

necessary for Zellwood to achieve the equivalent of an 80% treatment efficiency at 

Pump Station No. 2 on a flow-weighted annual average basis, if such an efficiency can 

be achieved. If the results of the study described in Paragraph 4 below indicate that it is 

not feasible to reduce orthophosphate loads by the equivalent of 80% on a flowweighted annual averacre basis, Zellwood and St. Johns staff will discuss appropriate 

amendments to the Consent Order with the Governing Board. 

4. Zellwood must construct and install the alum injection system described in the March 

8, 1995 and April 11, 1995, plans submitted to St. Johns and have same operational by 

July 15, 1995. For a minimum period of one year following commencement of operation 

of the system Zellwood will study and evaluate the operational criteria necessary for 

the system to achieve the performance standard outlined in Paragraph 5 below. This 

study must conform to the following specifications: 

 (a) The percentage reduction in orthophosphate load will be calculated 

based on samples collected before alum treatment and after alum treatment, as 

described in Paragraph 6(a) below; 

 (b) The study must include an evaluation of dosage rates, including 

seasonal or rainfall adjusted rates, alterations to the injection method or location, and 

installation of injection systems on additional pump stations; 

(c) The results of the study must be submitted to St. Johns by September 30, 1996. 

 5. Using the data collected in the study and the results of the operational 

effectiveness data described in Paragraph 11 (a) below, Zellwood must provide St. 

Johns with information giving reasonable assurance that for the remainder of the 

Consent Order, orthophosphate loads will be reduced by the equivalent of 80% on an 

flow-weighted, annual average basis, versus orthophosphate loading at Pump Station 

No. 2 prior to treatment by the alum injection system, with said assurance being based 
Appendix I 

St. Johns River Water Management District

611 

on 90% statistical confidence level. In determining, whether reasonable assurance exists, 

St. Johns will consider mitigating information, such as an adjusted alum dosage rate 

which achieved the desired percentage reduction, applied to an equivalent pump event. 

Following such a demonstration, St. Johns’ staff will approve operational criteria, based 

on the results of the study referred to in Paragraph 5 above, which must be 

implemented by January 1, 1997. If Zellwood substantially alters historical pumping 

patterns to the extent that reasonable assurance is no longer provided that the alum 

injection system will achieve the equivalent of an 80% treatment efficiency at Pump 

Station No. 2 on a flow-weighted annual average basis, St. Johns staff will reevaluate, 

and if necessary, modify the operational criteria. 

 6. The following monitoring regime shall be instituted at Pump Station 

No. 2 for the purposes of evaluating the performance of the alum injection system and 

shall substitute for the monitoring required for Pump Station No. 2 by the Fourth 

Agreement for Modification of the Consent Order. Data collected pursuant to this 

paragraph must be submitted to St. Johns quarterly: 

 (a) Zellwood must sample every other pump event for total phosphorus 

and orthophosphate. Samples must be collected immediately upstream of the alum 

injection point (prior to alum injection or mixing with alum) and in the pipe at the 

discharge point (after alum injection, but prior to discharge to lake Apopka). A pump 

event is defined as the cumulative pumping per day from 8:00 A.M. to 7:59 A.M. If 

more than one sample is taken from a pump event requiring sampling, the samples 

shall be combined ffor a single analysis. During pumping days in which a sample is not 

required to be taken, Zellwood may turn off the automatic sampler. Samples must be 

collected at least 30 minutes after the pump event has started. Orthophosphate samples 

must be collected and analyzed according to EPA methods (preserved by cooling to less 

than 4 degrees centigrade and analysis within 48 hours) by a laboratory appropriately 

certified by the Department of Health and Rehabilitative Services. Samples collected by 

the refrigerated automatic sampler after 12:01 P.M. on Friday through Monday at 8:00 

A.M. must be submitted to the analytical laboratory before 12:01 P.M. on that Monday. 

If the samples are not analyzed within the timeframes specified by EPA, that fact must 

be noted and specified in the quarterly data report; 

 (b) A modified quality assurance plan must be submitted by Zellwood to 

St. Johns staff for approval which incorporates the changes outlined herein to their 

monitoring program. Said modified plan must be submitted to St. Johns by June 15, 

1995; (c) Zellwood must record pump hours daily; 

 (d) Zellwood must record the volume of alum injected weekly and 

calculate dosage rates based on alum volume and pump discharge volume. During the 

study period described in Paragraph 5 above, Zellwood must record the volume of 

alum injected per pump event. The volume of alum added must be recorded using a 

totalizing flow meter; 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

612 

(e) After each year of sampling, St. Johns will evaluate the sampling results and 

determine if a lower sampling frequency is warranted, based on the variability of the 

data. St. Johns will also evaluate the reliability and feasibility of additional sampling of 

weekend orthophosphate samples not analyzed within EPA timeframes. 

7. It is also necessary to institute certain in-lake monitoring procedures in Lake Apopka 

to evaluate any impact associated with the discharge of alum to the lake. The following 

requirements relate to in-lake monitoring: 

 (a) Zellwood must retain a qualified consultant to monitor and report the 

visual depth of floc annually, based on sediment cores collected at distances of 150 

yards and 250 yards, respectively, from the fuel tanks north of Pump Station No. 2, on a 

transect perpendicular to Zellwood’s levee; 

 (b) Zellwood must measure sediment total aluminum concentrations 

annually (mg/kg) dry weight) at a depth of 0-6 inches and 6-12 inches from the 

sediment/water interface, with an initial sample collected prior to operation of the alum 

injection system. Cores must be collected at distances 150 yards and 250 yards, 

respectively, from the fuel tanks north of Pump Station No. 2, on a transect 

perpendicular to Zellwood’s levee; 

 (c) Zellwood must monitor benthic macroinvertebrates to evaluate species 

composition and abundance at a sample station located at a distance of 150 yards from 

the fuel tanks north of Pump Station No. 2, on a transect perpendicular to Zellwood’s 

levee, and at a minimum distance of 25 feet north of the cattail fringe. Samples must be 

collected annually, prior to operation of the alum injection system, and during the 

second calendar quarter thereafter. If a substantial decline in species composition or 

abundance is documented at the sample station which may be reasonably attributed to 

alum injection, based on data obtained pursuant to subparagraphs (a) or (b) above, 

Zellwood must submit a proposal for additional monitoring of benthic 

macroinvertebrates to St. Johns’ staff for approval; 

(d) St. Johns will incorporate sampling and analysis for dissolved aluminum water 

column into the existing Lake Apopka monitoring program. 

 8. Zellwood’s consultant will perform two additional jar tests with 

samples collected between July 15, and August 30, 1995, to evaluate the rate of 

orthophosphate removal, using the methodology described in Section 2.2 of the report, 

entitled “Evaluation of the Feasibility of Alum Treatment for Pumped Agricultural 

Discharges At the Zellwood Water Control District”, dated January, 1995. 

 9. Should St. Johns choose to monitor the effectiveness of the alum 

injection system or the quality of discharge to Lake Apopka, Zellwood shall provide 

space and electrical service adjacent to Zellwood’s sampling equipment appropriate for 

St. Johns’ automatic samplers and access by St. Johns’ staff. In no event, however, shall 

Zellwood be required to provide electrical service where none exists, unless scheduled 

for installation in connection with the plans submitted to St. Johns on March 8, 1995 and 

April 11, 1995. 
Appendix I 

St. Johns River Water Management District

613 

 10. Should pH levels less than 6.0 s.u. be measured at the point of 

discharge from Pump Station No. 2 to Lake Apopka, Zellwood shall immediately cease 

operation of the alum injection system, report the event to St. Johns’ Resource 

Management Department staff, and take such measures as are necessary to resume 

operation of the alum injection system in a manner which will not cause pH levels to 

drop below 6.0 s.u. If pH levels less than 6.0 s.u. are measured on three or more 

occasions per calendar year, Zellwood shall make appropriate modifications to the 

system to prevent pH levels from falling below that level which shall include 

installation of a continuous pH monitoring system at the point of discharge to Lake 

Apopka with an automatic cut-off switch to inactivate the alum injection system at pH 

levels below 6.0 s.u. 

 11. In addition to the quarterly data reports required by the current Order, 

Zellwood shall submit the following information to St. Johns: 

 (a) An annual report describing the operational effectiveness and 

maintenance of the alum injection system. The annual report shall include a tabulation 

of operational hours, down-time hours and recommended modifications, if necessary, 

to increase operational effectiveness. Recommendations shall be implemented by 

Zellwood after consultation with St. Johns’ staff; 

 (b) An annual summary report on the alum injection system, which 

includes the information required to be collected or calculated under Paragraphs 4 

through 7 above; 

(c) All rainfall records submitted to St. Johns quarterly. 

12. For the calendar year commencing January 1, 1996, and for any yearthereafter 

during which Zellwood operates the alum injection system in accordance with the 

Consent Order as modified herein, Zellwood’s net discharge of total phosphorus to 

Lake Apopka from all discharge points combined shall not exceed 54,000 pounds per 

calendar year, with adjustments for rainfall and groundwater as detailed in Paragraph 9 

of the original Consent Order. 

 13. If after operating the alum injection system for the one year study 

period outlined in Paragraph 4 above, Zellwood is unable to develop operational 

criteria which will enable it to provide St. Johns with reasonable assurance that it can 

reduce orthophosphate levels in the discharge as outlined in Paragraph 5 above, 

Zellwood’s net discharge of total phosphor-us to Lake Apopka from all discharge 

points shall not exceed 54,000 pounds per calendar year with adjustments for rainfall 

and groundwater as specified in Paragraph 9 of the original Consent Order and in 

accordance with the timeframes established by it and subsequent modifications of the 

Consent Order. If Zellwood elects not to operate the alum injection system, the net 

discharge of total phosphorus to Lake Apopka from all discharge points shall not 

exceed 40,675 pounds per year, with adjustments for rainfall and groundwater as 

incorporatated by reference in Paragraph 10 of the original Consent Order and in 

accordance with the time frames and limitations established by Paragraph 10 of the 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

614 

original Consent Order and subsequent modifications. Should this occur the monitoring 

conditions for Pump Station No. 2 as outlined in the Fourth Agreement for Modification 

of Consent Order must immediately be reinstated. 

 14. St. Johns’ approval of an alum injection system to meet the 

requirements of the Consent Order does not imply that St. Johns will approve the 

method or design specified in this agreement for compliance with proposed rule 

chapter 40C-61, Fla. Admin. Code. Continuation after the expiration of this Consent 

Order of an alum injection system by Zellwood for the purpose of phosphorus 

abatement will require Zellwood to provide St. Johns with reasonable assurance that 

said system meets any applicable permitting requirements in place at that time. 

 15. Except as specifically addressed herein, or in any of the previous 6 

modifications to the original Consent Order, all terms and conditions of the original 

Consent Order, as amended, remain in full force and effect. 

Zellwood Drainage and Water St. Johns River Water 

Control District Management District 

Glenn Rogers, President, Patricia Harden, Chair 

Board of Supervisors Governing Board 

4-18-95 4/12/95

Date Date 

Rendered this 21st day of April, 1995 

Patricia C. Schultz 

District Clerk 
Appendix I 

St. Johns River Water Management District

615 

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 

IN RE: 

CONSENT ORDER BETWEEN 

ST. JOHNS RIVER WATER 

MANAGEMENT DISTRICT AND F.O.R. No. 88-636 

ZELLWOOD DRAINAGE AND 

WATER CONTROL DISTRICT 

EIGHTH AGREEMENT FOR MODIFICATION OF CONSENT ORDER 

The parties hereto, Zellwood Drainage and Water Control District (hereinafter 

“Zellwood”), and the St. Johns River Water Management District (hereinafter “St. 

Johns”) entered into a Consent Order which was rendered by St. Johns on May 16, 1989, 

and bears the above File of Record (F.O.R.) number. Said Consent Order addresses 

regulation of Zellwood’s discharge of water to Lake Apopka in connection with the 

agricultural activities conducted within Zellwood’s borders. There have been seven 

previous agreements for modification of the Consent Order. 

The first through fifth modifications of the Consent Order extended certain deadlines 

therein while the parties explored the feasibility of substituting an upland disposal 

system, designed to dispose of portions of the water Zellwood currently discharges to 

Lake Apopka, for the seepage interceptor system provided for in Paragraph 6(A) of the 

Consent Order. The sixth modification to the Consent Order further extended certain 

deadlines in the Consent Order for the purpose of the parties exploring the feasibility of 

substituting an alum injection system for the seepage interceptor system. The seventh 

modification required construction of the alum injection system and monitoring for a 

period of one year to determine long-term operational criteria. Monitoring results have 

not conclusively provided sufficient data to specify long-term operational criteria. As a 

result, the parties mutually agree to the terms and limitations set forth herein. 

Therefore, the parties do hereby agree and stipulate to the following eighth 

modification to the existing Consent Order: 

 1. Zellwood will continue to operate an alum injection system constructed 

in accordance with the plans and specifications submitted to St. Johns on March 8, 1995, 

and April 11, 1995, at its Pump Station No. 2, in a manner projected to reduce the 

dissolved orthophosphate loads from Zellwood’s Pump Station No. 2 by the equivalent 

of 80% on a flow-weighted annual average basis beginning April 1, 1997. Zellwood shall 

operate this alum injection system at a dosage rate of 15 mg/l for the period from April 

1, 1997, to April 1, 1998. 

 2. Based on the results of the monitoring required by Paragraphs 4 and 5 

below, Zellwood will continue to evaluate the long-term operational criteria necessary 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

616 

for the system to achieve the performance standard outlined in Paragraph 3 below. This 

evaluation must conform to the following specifications: 

 (a) The percentage reduction in dissolved orthophosphate load will be 

calculated based on samples collected before alum treatment and after alum treatment, 

as described in Paragraph 4(a) below; 

 (b) The dosage rates must be evaluated, including seasonal or rainfall 

adjusted rates, 

 (c) The results of the operation and monitoring must be submitted to 

St. Johns by May 15, 1998, and each year thereafter. 

 3. Using the monitoring data and the results of the operational 

effectiveness data described in Paragraph 5(a) below, Zellwood must continue to 

provide St. Johns with information giving reasonable assurance that for the remainder 

of the term of the Consent Order, dissolved orthophosphate loads will be reduced by 

the equivalent of 80% on an flow-weighted, annual average basis, versus 

orthophosphate loading at Pump Station No. 2 prior to treatment by the alum injection 

system, with said assurance being based on 90% statistical confidence level. In 

determining whether reasonable assurance exists, St. Johns will consider mitigating 

information, such as an adjusted alum dosage rate which achieved the desired 

percentage reduction, applied to an equivalent pump event. Following submission of 

the information required by Paragraph 2(c), Zellwood and St. Johns’ staff will develop 

long-term operational criteria, which must be implemented by July 1, 1998, and which 

shall remain in effect until the expiration of this Consent Order, or operation of the 

stormwater treatment facility required by Section 373.461, F.S., whichever first occurs. 

Notwithstanding any other requirement in this paragraph, Zellwood shall maintain a 

minimum dosage rate of 15 mg/I until the operational criteria are developed and 

implemented. If Zellwood substantially alters historical pumping patterns to the extent 

that reasonable assurance is no longer provided that the alum injection system will 

achieve the equivalent of an 80% treatment efficiency at Pump Station No. 2 on a 

flowweighted annual average basis, St. Johns staff will reevaluate, and if necessary, 

modify the long-term operational criteria. 

 4. The following monitoring regime shall be maintained at Pump Station 

No. 2 for the purposes of evaluating the performance of the alum injection system and 

shall substitute for the monitoring required for Pump Station No. 2 by the Fourth 

Agreement for Modification of the Consent Order. Data collected pursuant to this 

paragraph must be submitted to St. Johns quarterly: 

 (a) During any calendar week that Zellwood pumps, Zellwood must 

sample at least one pump event for total phosphorus and dissolved orthophosphate 

prior to alum addition and dissolved orthophosphate after alum addition. Samples 

must be collected immediately upstream of the alum injection point (prior to alum 

injection or mixing with alum) and in the pipe at the discharge point (after alum 

injection, but prior to discharge to Lake Apopka ). A pump event is defined as the 
Appendix I 

St. Johns River Water Management District

617 

cumulative pumping per day from 8:00 A.M. to 7:59 A.M. If more than one sample is 

taken from a pump event requiring sampling, the samples shall be combined for a 

single analysis. During pumping days in which a sample is not required to be taken, 

Zellwood may turn off the automatic sampler. Samples must be collected at least 30 

minutes after the pump event has started. Dissolved orthophosphate samples must be 

collected and analyzed according to EPA methods (preserved by cooling to less than 4 

degrees centigrade and analysis within 48 hours) by a laboratory appropriately certified 

by the Department of Health and Rehabilitative Services. Samples collected by the 

refrigerated Automatic sampler after 12:01 P.M. on Friday through Monday at 8:00 

A.M. must be 

submitted to the analytical laboratory before 12:01 P.M. on that Monday. If the samples 

are not analyzed within the timeframes specified by EPA, that fact must be noted and 

specified in the quarterly data report; 

(b) Zellwood must record pump hours daily; 

 (c) Zellwood must record the volume of alum injected weekly and 

calculate dosage rates based on alum volume and pump discharge volume. Zellwood 

must record the volume of alum injected per pump event. The volume of alum added 

must be recorded using a totalizing flow meter; 

 (d) After each year of sampling, St. Johns staff will evaluate the 

sampling results and determine if a lower sampling frequency is warranted, based on 

the variability of the data. Approval of a lower sampling frequency shall not require 

amendment of this Consent Order. 

 5. In addition to the quarterly data reports required by the 

current Consent Order, Zellwood shall submit the following information to St. Johns: 

 (a) Annual reports describing the operational effectiveness and 

maintenance of the alum injection system. The annual report shall include a tabulation 

of operational hours, down-time hours and recommended modification, if necessary, to 

increase operational effectiveness. Recommendations shall be implemented by 

Zellwood after consultation with St. Johns’ staff; 

 (b) An annual summary report on the alum injection system, which 

includes the information required to be collected or calculated under Paragraphs 2 

through .4 above; 

(c) All rainfall records submitted to St. Johns quarterly. 

6. Monitoring for total phosphorus at pumps P3, P4 and P9, as required by 

paragraph 7 of the Fourth Agreement for Modification of Cosent Order is suspended 

due to their infrequent use. The District shall assume total phosphorus concentrations 

are 1.0 mg/l, 1.5 mg/I and 0.9 mg/I at pumps P3, P4 and P9, respectively, when 

calculating discharge of total phosphorus into Lake Apopka. Total phosphorus 

monitoring must be reinstated at pumps P3, P4 and P9 if the combined discharge from 

those pumps exceeds 7% of the total volume discharged off-site during a calendar year. 

Total phosphorus monitoring shall be reinstated at pump P9 upon operation of the 
SWIM Plan for Lake Apopka 

St. Johns River Water Management District

618 

stormwater treatment facility referenced in Section 373.461, Florida Statutes, unless 

discharge from P9 is routed through such stormwater treatment facility. 

 7. If after operating the alum injection system as outlined in Paragraph 1 

above, Zellwood is unable to develop operational criteria which will enable it to 

provide St. Johns with reasonable assurance that it can reduce dissolved 

orthophosphate levels in the discharge as outlined in Paragraph 3 above, Zellwood’s 

net discharge of total phosphorus to Lake Apopka from all discharge points shall not 

exceed 54,000 pounds per calendar year with adjustments for rainfall and groundwater 

as specified in Paragraph 9 of the original Consent Order and in accordance with the 

timeframes established by it and subsequent modifications of the Consent Order. If 

Zellwood elects not to operate the alum injection system, the net discharge of total 

phosphorus to Lake Apopka from all discharge points shall not exceed 40,675 pounds 

per year, with adjustments for rainfall and groundwater as incorporated by reference in 

Paragraph 10 of the original Consent Order and in accordance with the time frames and 

limitations established by Paragraph 10 of the original Consent Order and subsequent 

modifications. Should this occur, the monitoring conditions for Pump Station No. 2 as 

outlined in the Fourth Agreement for Modification of Consent Order must immediately 

be reinstated. 

 9. St. Johns’ approval of an alum injection system to meet the 

requirements of the Consent Order does not imply that St. Johns will approve the 

method or design specified in this agreement for compliance with any rule adopted to 

implement Section 373.461,Florida Statutes. Continuation after the expiration of this 

Consent Order of an alum injection system by Zellwood for the purpose of phosphorus 

abatement will require Zellwood to provide St. Johns with reasonable assurance that 

said system meets any applicable permitting requirements in place at that time. 

10. Except as specifically addressed herein, or in any of the previous seven 

modifications to the original Consent Order, all terms and conditions of the original 

Consent Order, as amended, remain in full force and effect. 

Zellwood Drainage and Water St. Johns River Water 

Control District Management District 

Glenn Rogers, President William Segal, Chair 

Board of Supervisors Governing Board 

3-25-97 3/18/97

Date Date 

Rendered this 20th day of March, 1997. 

Sandra L. Bertram 

Asst. District Clerk