SWIM Plan for Lake Apopka

St. Johns River Water Management District

514 Transects containing evenly spaced clusters (nodes) of plots (four 1-m 2 plots per cluster; three permanent, one temporary biomass c lip 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 trea tment plots (15x15m for planted, seeded, and mulched; 18 by 18 m for control plots) a single 1 m 2 was established. The larger Mixed Species plots (24 by 24 m) received two 1 m 2 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 m 2 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 weig hed. 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 in dex was developed in which estimates were based on the canopy in on e-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 determ ine if seed flow in to and out of the Experimental Planting Sites was occurring. To a ccomplish 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 Expe rimental 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 panAppendix H

St. Johns River Water Management District

515 and incubated under a twice daily automatic ally timed mist irrigation. Germination trials were run for two months per trap sa mple. Seedlings were identified to the species

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

identification. A collect ion of reference plants were main tained to allow identification of some species. The air-borne traps were su rveyed 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 markin g eight individual rhizomes per species per planting site of arrowhead, cattail, bul rush, and pickerel w eed in May 1992, then returning in May 1993 and measuring the distance grow n and the distance to the nearest competitor. This experiment was cond ucted in the three Experimental Planting

Sites.

Avian species were featured in a baselin e 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 sl owly driving around the marsh perimeters and observing birds. In addition to the fl ow-way marshes, observations were taken from the unmanaged marsh adjacent to and north of the south marsh, and the agricultural fields ad jacent 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 Site s 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 vari ed 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 occurri ng in disturbed area s (e.g., ExperimentalSWIM Plan for Lake Apopka

St. Johns River Water Management District

516 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, co vering the entire plot. Bulrush resisted cattail invasion during the study period. But its coverage of live biomass declined after two years, potentially increasing it s invisibility by cattail. Maidencane ( Panicum

hemitomon ) established slowly, did not cover the pl ot 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 time s during the duration of the study.

Successional patterns along the Natural Succession Transects tended to consist of the initial vegetative community senescing afte r 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 compos ition, 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 seem ed effective at trapping phytoplankton sediments from the inflowing lake water. The utilization of the water column by roots and rhizomes preferentia lly to the deeper sediment s (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 availa ble for seed germination and seedling establishment. Finally, floating mats moved around with the wind and scoured grounded or rooted vegetation patc hes leading to newly floating mats.Appendix H

St. Johns River Water Management District

517 Results of the seed flooding experiment were often different from that of published reports. Germination rates te nded to be lower than expect ed. 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 provid ed to reduce an information shortfall.

Water borne seed dispersal differences between “inflows” and “outflows” to the Experimental Planting Areas were not detect ed. 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 de tection limit of the fl ow 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 contribut ion. Air borne seed traps captured a preponderance of cattail seeds (0–65.3 s eeds trap-1). A single broomsedge ( Andropogon spp.) seed was the only species other than ca ttail captured in air-bo rne 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 re vealed 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 ex periment revealed that sha llow flooding (4 cm depth) reduced seed germination from the seed bank. Under moist so il 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 rhiz omatous 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. Catta il tended to grow th ree rhizomes from a culm. As each rhizome approached 1–2 m lo ng it produced a le af producing culm. Then, each culm grew an additional three rh izomes. In contrast, th e competing species, pickerel weed and arrowhead, tended to produce a single long dense rhizome.SWIM Plan for Lake Apopka

St. Johns River Water Management District

518 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 nort h marsh had slightly gr eater 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 do minance. The disturb ed 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 growin g under completely in undated 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 pl anted vegetation in the Lake Apopka marsh flow-way restorat ion project, August 1993–March 1995 . Special
Publication SJ98-SP17. Palatka, Fla.: St. Jo hns River Water Management District.

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

St. Johns River Water Management District

519 E XECUTIVE S UMMARY

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 studie s (November 1990–February 1993) had revealed a pattern of increasing coverage by a few highly comp etitive 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 De monstration Projec t (August 1993–September 1994) has been reported in Stenberg, Clark, and Conrow (1997). Developm ent 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 comp etitive 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 init ial 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 declin e in August 1993. The senescent period will probably be followed by regrow th from remaining viable rhizomes if the species are not excluded by cattail. In this marsh it is likel y that the target specie s 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 Ma rch 1995 than in March 1994.

Vegetation biomass measurements provided information about the structure and successional state of the Demonstration Marsh. Total aboveground biomass rangedSWIM Plan for Lake Apopka

St. Johns River Water Management District

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 ma t biomass in September 1994 (three transects) than in pr evious samples (one transect for August 1993 and March 1994). The north marsh had a slowly increa sing belowground bi omass until March 1994 followed by a decline in September 1994. Floa ting 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 wa s followed by an increase in coverage of species that were co mmon during the initia l 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 reve aled 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 floa t up without an interm ediate stage. About 30% of planting site plots contained vegetati on 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 Ma rsh was its rapid coloni zation 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 fl ow-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 Di strict, Palatka, Fla.

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

St. Johns River Water Management District

521 E XECUTIVE S UMMARY

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 so urces, agricultural discharges, and lake water quality were quan tified. The following four years of data collection were less intense, and the effort focused on ambient water quality, atmospheric deposition, pump discharges, in dustrial 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 domi nated by rainfall, agricult ural 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 dischar ges, and Apopka (Gourdneck) Spring. Phosphorus left the lake pr incipally (more than 90%) th rough the Apopka-Beauclair
Canal, with the rest of the losses resultin g from lateral and downward seepage, and water withdrawn from the lake by farming operations.

Three drainage areas comprise the area ea st 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 farm ed 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 me tric tons (t) were calculated for 1989 through 1994, respectively. Ph osphorus from farm disch arges 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 moni tored as part of th e project in 1989 or 1990. Thus it is not possible to define effects of changes in water management madeSWIM Plan for Lake Apopka

St. Johns River Water Management District

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 ye ars. 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 thro ugh the Apopka-Beauclair Canal, accounted for less than 20% of the inputs, with the exception of 1993 (66%) and 1994 (49%). Discharge volumes through th e canal were relatively lo w during 1989 through 1993 (an average of 3,471 ha-m/year) co mpared 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 th e North Shore R estoration Area, Part 1 (survey of rodents near Lake Apopka) . Special Publication SJ2000-SP2. Palatka, Fla.: St. Johns River Water Management District.

PROJECT: North Shore Re storation (LA-3-303-M)

E XECUTIVE S UMMARY

Eight small mammal trapping grids were esta blished by stratified random placement within the 5,592-hectare (ha) Lake Apopka No rth Shore Restoration Area. Each grid was designed to sample approximately 0.5 ha wi th 49 Sherman traps spaced at 10-meter intervals. Traps were opened for two succe ssive days at approximately five-day intervals for a total of eight days du ring 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 wereAppendix H

St. Johns River Water Management District

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 stan dard metric to compare grids and relative abundance of species among grids. Capture success was very high due to the extraordinary numbers of c otton 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, re production was essentia lly 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 outpac e the normal limiting factors, for example, local predators and self-regulating mechanis ms. Additional work is ongoing and will be presented in a future report.

Stout, I.J., R. Cleric o, and K.B. Clanton. 2001. Rodent population stu dy in the North Shore Restoration Area, Part II (surve y of rodents near Lake Apopka) . Special Publication
SJ2001-SP1. Palatka, Fla.: St. Johns Ri ver Water Management District.

Project: North Shore Re storation (LA-3-303-M)

E XECUTIVE S UMMARY

Eight small mammal trapping grids were esta blished by stratified random placement
within the 3,238-hectare North Shore Restoration Area (NS RA). Each grid was designed to sample approximately 0.5 hectare, with 49 Sherman traps spaced at 10-meter intervals. During phase I, tr aps were opened for two successive days at approximately five-day intervals for a total of eigh t days during November and December 1999. Limited trapping with Sherman live traps was conducted on transects and in farmSWIM Plan for Lake Apopka

St. Johns River Water Management District

524 buildings. A total of 3,456 trap nights were re gistered 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 stan dard metric to compare grids and relative abundance of species among grids. Capture success was very high due to the extraordinary numbers of c otton 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 su ccess was fairly poor for tagged house mice and may suggest a large pool of individuals from wh ich 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 wa s essentially halted. La ctating 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 se lf-regulating mechanisms. The drought conditions at the NSRA during the first six mont hs of 2000 resulted in an obvious reduction in plant growth and cover. The apparent lack of po pulation growth by house mice during 2000Appendix H

St. Johns River Water Management District

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 Manipula tion (LA-4-207-F)

S UMMARY

This survey found that the current market for whole fresh or fr ozen gizzard shad islimited to local use as a trap bait for the commercial blue-crab fishery. The current exvessel price paid for whole shad is about $0.0 5 per pound. A survey of eastern seaboard and gulf states showed that little potential exists for incr eased demand for a whole fresh or frozen gizzard shad product.

The domestic and internationa l market potential for food source components derived from gizzard shad is favorable. Canned an d 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 “g izzards” as specialty items. It is estimated that development of a food source component market would

increase the ex-vesse l price for gizzard shad to abou t $0.15 to $0.20 per pound. Further development of food source components is recommended.

The current and future market potential for industrial pr oducts derived from gizzard shad is limited. Large supplies of competit ive industrial fish species are currently available at prices of abou t $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 indu strial application, whic h shows some market potential, is the developmen t of a shelf-stable pelletized commercial trap bait made from gizzard shad whole fish or waste. Es tablishment of this market would require additional product development work.SWIM Plan for Lake Apopka

St. Johns River Water Management District

526 This information is being us ed to evaluate current and potential markets for gizzard shad. Development of markets for harvested fi sh could establish the feasibility of a Lake Apopka restoration method by rough fish re moval, which could be supported primarily from revenue generated by the sale of ha rvested gizzard shad. Th is 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 gi zzard shad to a level where subsidizing the harvest would not be required.Appendix I

St. Johns River Water Management District

527 

## A PPENDIX 

## I—C ONSENT 

## O RDERS

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 Distri ct v. A. Duda and Sons, Inc., Consent

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

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

3. A. Duda and Sons, Inc. vs. St. Johns Ri ver 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 Agr eement for Modification of

Consent Order.................................................................................................................. ..606SWIM 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 Contro l 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 ............................................................................................................... 615Appendix 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 provisio ns 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 pollu tion of Florida’s water resources in accordance with Chapter 373 and Chapter 403, Florida Statutes, and the regulations promulgated thereunder. The District has juris diction over the matters addressed in this

Consent Order.

2. Duda is a corporation authorized unde r 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 Sect ions 33, 24, 25, 26, Township 20 South, Range 26 East; Se ctions 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, Or ange and Lake Counties, Florida.

4. Duda conducts agricultur al operations on the above mentioned property. In carrying out these acti vities, 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), whichSWIM 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 deterioratio n can be attributed to several factors to including the natural process of eutrophication, to past meteorological events, to the alteration of natu ral 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 th ese 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 Environmen tal Regulation on April 12, 1982, issued to the Central Florida Agricult ural 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 facilit ate the development an d implementation of comprehensive and effective pollution contro l methods for protecting Lake Apopka and associated downstream water bodies. The Central Florida Agricultural Institute was an unincorporated association of farmers whos e 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 Instit ute Proposed Monitoring Program , December 1981, and contained a compliance schedule ultimately requiring “construction” by April 1, 1987. The final report of Duda’s consulta nt indicated that, with re spect 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 mi ght qualify Duda for an operation permit

.

8. Duda, in recognition of the need to address the deteriorated water quality condition of Lake Apopka, an d in order to respond to wate r quality concerns expressed by the Department of Environmental Regulation and by the District, proposes herein aAppendix 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 di scharge from its agricult ural 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 be ing 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 th e Apopka-Beauclair Canal, implement the following construction activities and time schedule:

A. Within one hundred eigh ty (180) days of the effect ive 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 ma nagement structures. The drawings shall substantially conform to Exhibit A, and mus t be a plan view and also show cross sections, giving invert elevatio ns of pumps, elevations of ou tfall structures from ponds, elevations of top of dike of detention/retention ponds, and bottom elevations of detention/retention ponds. Th ese drawings will be part of a Management and Storage of Surface Waters (MSSW) permit applicat ion 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 detentio n/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 elevat ion. Duda shall have sixty (60) days to fully respon d to any requests for additiona l information, should such a request be necessary. To minimize the ch ances 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 auth orization must be in wr iting, 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 twen ty (120) days from issuan ce 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 determin e 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 with in two years of th e issuance of the MSSW, a water quality study with the purpose to devise and implement a monitoring plan and investigate a dditional 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 limit ations may be placed upon Duda and other dischargers into the lake.

16. Duda shall, before the date of certific ation of the constructed drainage system by the engineer of record, a pply for an obtain a temporary operating permit pursuant toAppendix 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 pe rmit issued by District shall be issued for a term of five (5) years. Prior to the ex piration 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 e xternal 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 inco rporate into said operating permit such standards or

limitations.

17. Duda and District acknowledge the Dist rict 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 sh all enter into negotiations regarding construction requirements west of the Canal.

18. Within thirty (30) da ys of the effective date of th is Consent Order, Duda shall

consult with either the U.S.D.A. Soil Conse rvation 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 Conservati on Plan for all the farm lands under the control of Duda on Lake Apopka. A copy of the Agricultural Conserva tion 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 th e 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 indirec tly to surface waters of the State so thatSWIM 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 p umping records showing hours pumped, gallons pumped, and the time the pump st arted and stopped. Duda shall maintain accurate daily rainfall data. Duda shall ma intain records of daily water levels via recording staff gauges in the detention/rete ntion 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 co nstruction 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, Du da shall implement an interim monitoring program to sample its discharge to Lake Apopka. The interim monitoring program shall provide the following: Duda shall sample th e first pump event at each pump station following the effective date of this Consent Order and ever y 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 star ted, 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), Nitra te + Nitrate Nitrogen (N0

2 + N0

3 N), Ammonia - Nitrogen (NH

3 -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 co llected at said pump. Duda may use the results of the District’s sampling programs fo r part or all of the required monitoring if the required method and parameters are sampled by the Di strict. 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) da ys 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 requir ed by this Consent Order. The QAPP shall be prepared in accordance with the requirements set

forth in the document titled :DER Guidelin es for Preparing Quality Assurance PlansAppendix 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 a ll 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 assu rance 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 modificatio ns. 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 noti fication of the District’s approval of the QAPP. Duda shall incorporate all recomme nded modifications identified by the

District.

25. Duda shall provide, on a quarterly basis from the effective da te of this Consent Order, a list of pesticides listed in Sect ion 17-3.121(20), Florida Administrative Code

, (general and restricted use), used on the fa rm 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, rise r boards, pipes, flapper gates, and any other structures in good working condition to control backflow.

27. Duda shall commence all necessary repair s within thirty (30) days of discovery. Duda shall notify the District, in writing, with in 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 Cons ent Order or other District permit.

29. Duda shall allow authorized representa tives of the District and DER access to the property at reasonable times for the pu rpose 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 a pplicable statutes or the rules promulgated thereunder.

31. The District, for and in consideration of the complete and timely performance by Duda of the obligations ag reed 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 Orde r. Duda waives its right to an administrative hearing on

the terms of this Co nsent order under Sect ion 120.57, Florida Statutes , and its right to appeal this Consent Order pursuant to Section 120.68, Florida Statutes

.

32. Entry of this Cons ent Order does not relieve Duda of the need to comply with applicable federal, state, or local laws, re gulations, 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 th is Consent order may be enforced in a court of competent juris diction pursuant to Sect ions 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 te rms of this Cons ent 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 condit ions of this consent order. This Consent

Order will terminate should Duda be issu ed 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 sign ed 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 dischargi ng 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 ho lidays, 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 file d (received) with the St. Johns River Water Management District, Office of Legal
Services, Port Office B ox 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), pu rsuant to Section 120.57, Florida

Statutes

.

If a petition is filed, the ad ministrative 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 filedSWIM Plan for Lake Apopka

St. Johns River Water Management District

538 with the St. Johns River Water Management District, Office of Legal Services, Post O ffice 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 e ffect 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 16 th 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 21 st 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 CLERKSWIM Plan for Lake Apopka

St. Johns River Water Management District

540 A. DUDA & SONS, INC.

WATER BUDGET

April 1988

Prepared by:

APPLIED TECHNOLOGY A ND MANAGEMENT, INC.

502 NW 75 TH STREET, SUITE 95

GAINESVILLE FLORIDA 32607 (904) 375-8700

Exhibit AAppendix 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 co nsists of approximately 2940 ac res of muck (organic soil) bounded by dikes and situated on the east side of the Apopka-Beauclair Canal.

Duda conducts agricultural op erations 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, so uth and west. The city of Winter Garden lies

on the lake’s south-eastern shore.

Lake Apopka is classified as a Class III wate r body, as defined in Florida Administrative Code Section 17-3.081. Water quality in Lake Ap opka 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 deterioratio n 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 a ssociation of farmers whose operations were located in and ar ound 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 entitledAppendix I

St. Johns River Water Management District

543 Central Florida Agricultural Institute Proposed Monitoring Program

, December 1981, and contained a compliance sc hedule ultimately requiring “construction” by April 1, 1987. The final report of the consultant indicated that, with respect to Duda, recommended improvements including: (1) inst allation of a stage recording device in the recycle ponds; (2) expansion of the smaller flow-through pond, in addition to planting with certain aquatic ve getation; and (3) installation of an improved effluent distribution system in the larger flow th rough 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 Agreemen t Concerning Stor mwater 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 perm itting 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, retent ion 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 interv iews 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 proc essing 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 PracticesCrop/Land Use (acres)Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecCarrots 860940810580260009043079010501280Celery 1017035048036013005020024019030Corn 00907701040260011037026000Leaf 2102701701204000101010180170Sod 350350350350350350350350350350350350Total Cropped Land 143017301770230020507403506101360165017701830Non-Cropped LandFlooded000020014501600104040014000Not Flooded92062058050100160400700590560580520Total92062058050300161020001740990700580520Total Farmable Land 235023502350235023502350235023502350235023502350Other Lands590590590590590590590590590590590590Total Land294029402940294029402940294029402940294029402940Sources: Applied Technology and Management, Inc., 1988A. Duda and Sons, Inc., 1988

S t. Johns River Water Management Distri ct
545 Appendix ISWIM 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, evapot ranspiration 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 potentia l evapotranspiration.

Table 3 presents the average crop and surface coefficients used to estimate actual evaporation and evapotra nspiration rates for the site. The corn and sod coefficients are based on data presented in Jones, et al. (1984) . The flooded land coeffi cient is the ratio of annual pan evaporation to annual potential evapotranspiration. The remaining land use coefficients were estimated based on soil typ e, 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 eq uation. The existing average annual seepage into the farm from the surrounding water bodies is approximately 3566 acrefeet under existi ng 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., 1984Table 4. Summary of Estimated Evaporation and Evaporation RatesEstimated Evaporation or Evapotranspiration (inches)Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TotalCarrots 2.302.833.914.785.344.974.974.513.943.412.582.1345.67Celery 2.302.833.914.785.344.974.974.513.943.412.582.1345.67Corn 2.443.004.145.065.655.275.274.784.183.612.732.2548.36Leaf 2.172.663.684.505.024.684.684.253.713.212.422.0042.98Sod 2.443.004.145.065.655.275.274.784.183.612.732.2548.36Flooded, Non-croppedLand3.524.335.987.318.167.607.606.906.035.213.943.2569.85Non-Flooded NonCropped Land2.032.503.454.224.714.394.393.983.483.012.271.8840.30Existing WaterManagement Ponds2.322.804.195.095.695.095.174.904.303.612.702.1548.01Other Lands1.361.672.302.813.142.932.932.662.322.011.521.2526.87Source: Applied Technology and Management, Inc., 1988

St. Johns River Water Management District

548 SWIM Plan for Lake ApopkaTable 5. Steady State Seepage Through the BermParameter Units Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mean TotalLake waterelevationft MSL66.766.866.866.666.266.166.066.466.766.766.666.666.5Canal waterelevationft MSL62.562.562.562.562.562.562.562.562.562.562.562.562.5HydraulicConduct.ft/d 13.813.813.813.813.813.813.813.813.813.813.813.813.8Flow length ft 105.0105.0105.0105.0105.0105.0105.0105.0105.0105.0105.0105.0105.0Flow thick. ft 15.015.015.015.015.015.015.015.015.015.015.015.015.0Flow/UnitLengthft3/d 8.28.58.58.17.37.17.37.78.28.38.08.07.9Berm Length ft 53,60053,60053,60053,60053,60053,60053,60053,60053,60053,60053,60053,60053,600Total flow ft3/d 440,690454,430457,600433,300392,080381,510389,970413,220440,690444,920431,180429,070425,7225,534,382ac-ft/d10.1210.4310.519.959.008.768.959.4910.1210.219.909.859.77127.00ac-ft/mo3142923262982792632782943043172973052973,566Source: Applied Technology and Management, Inc. 1988

St. Johns Rive r Water Management Distri ct
549 Appendix ISWIM 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 statio n locations are shown in Plate 1.

Hours of operation were reco rded 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 de pth of approximately 67 inches per year over the 2940 acres.

Based on available rainfall data at Cler mont 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 ye ars 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., 1985Table 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 6.8D-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 17.5D-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 57.6D-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 98.3D-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 85.7D-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 50.2D-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 1297.7 108.1D-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 26.0Total 570.1 305.9 239.7 290.0 539.2 629.6 605.1 554.6 456.9 367.8 496.2 349.21987 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 27.4D-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 23.8D-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 50.5D-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 1329.3 110.8D-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 49.3D-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 1497.0 124.8D-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 1394.9 116.2D - 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 40.4Total 352.1 437.6 925.2 807.6 373.5 331.2 777.1 601.7 479.9 417.8 661.3 353.4Sources: A. Duda & Sons, Inc., 1988Notes: Average annual dischargevolume 5351.3 million gallonsApplied Technology and Management, Inc., 1988Average continuous discharge rate = 22.7cft

S t. Johns River Water Management Distri ct
551 Appendix ISWIM 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 missingAppendix I

St. Johns River Water Management District

553 FARM HYDROLOGY AND WATER BALANCE ANALYSIS

Based on the previously defined rainfall, ev aporation, evapo-tran spiration and seepage values the following observations can be made:

1. In an average year rainfall will exc eed evapotranspiration resulting in an average-net gain to the farm system.

2. The farm is lower than the surroun ding 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 ne t 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 po nd in the southwest portion of the site which would incorporate the ex isting 40 acre pond (System 1), and (2) a 256 acre pond comprising the 125 acre pond of System I an d an additional 131 acre pond north of, but contiguous to, the existing farm (System 2) (see Figure 2).

The water budgets for the prop osed 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 SystemWater Volume (acre-feet)Jan Feb Mar Apr May Jun Jut Aug Sep Oct Nov Dec TotalFIELD WATER BALANCERainfall540 723 782 673 949 1768 1944 1783 1622 743 415 559 12500Evapotranspiration 482 629 877 1111 1293 1445 1460 1210 959 790 576 475 11305Seepage Volume 298 278 309 284 265 250 264 279 288 301 282 290 3388Required Flood Volume 0 0 0 0 287 1796 216 0 0 0 0 0 2299Water Excess or Deficit 356 372 215 -154 -366 -1223 533 853 951 254 121 373Total Farm Inlet Volume 0 0 0 154 366 1223 0 0 0 0 0 0 1744Rainfall Pumpage 356 372 215 0 0 0 533 853 951 254 121 373 4027Flood Pumpage 0 0 0 0 0 0 805 920 374 201 0 0 2299Total Pumpage 356 372 215 0 0 0 1338 1773 1324 455 121 373 6327POND WATER BALANCEInitial Pond Storage 625 625 625 625 446 60 0 625 625 625 625 625Rainfall24 30 33 28 40 74 82 75 68 31 17 23 525Evaporation24 29 44 53 59 53 54 51 45 38 28 22 500Total Farm Inlet Volume 0 0 0 154 366 1223 0 0 0 0 0 0 1744Total Farm Pumpage 356 372 215 0 0 0 1338 1773 1324 455 121 373 6321Water Excess or Deficit 981 998 829 446 60 -1142 1365 2421 1972 1073 736 999Lake Inlet Volume 0 0 0 0 0 1142 0 0 0 0 0 0 1142Discharge Volume 356 373 204 0 0 0 740 1796 1347 448 ill 374 5750Average MonthlyDischarge Rate (cfs)5.8 6.7 3.3 0.0 0.0 0.0 12.0 29.2 22.6 7.3 1.9 6.1Final Pond Storage 625 625 625 446 60 0 625 625 625 625 625 625Source: Applied Technology and Management, Inc., 1988Notes: Average annual water excess = 7.9 cubic feet/second= 23.2 inches/yearFlooding Depth = 1.5 feetPond Depth = 5 feetPond Area = 125 acres

S t. Johns River Water Management Distri ct
555 Appendix ITable 10. Summary of Estimated Monthly Water Budget, Average Conditions, Proposed 256 Acre SystemWater Volume (acre-feet)Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TotalFIELD WATER BALANCERainfall540 754 817 703 990 1846 2030 1861 1693 775 433 583 13026Evapotranspiration 475 651 910 1150 1334 1471 1486 1241 991 818 597 492 11617Seepage Volume 282 262 292 268 251 236 249 264 272 284 267 274 3201Required Flood Volume 0 0 0 0 275 1721 206 0 0 0 0 0 2203Water Excess or Deficit 346 366 1.99 -179 -369 -1110 586 885 974 242 102 365Total Farm Inlet Volume 0 0 0 179 369 1110 0 0 0 0 0 0 1658Rainfall Pumpage 346 366 199 0 0 0 586 885 974 242 102 365 4066Flood Pumpage 0 0 0 0 0 0 771 881 358 193 0 0 2203Total Pumpage 346 366 199 0 0 0 1357 1766 1332 435 102 365 6268POND WATER BALANCEInitial Pond Storage 1280 1280 1280 1280 1050 641 0 1280 1280 1280 1280 1280Rainfall48 62 67 58 81 152 167 153 139 64 36 48 1076Evaporation49 60 89 108 121 109 110 104 92 77 58 46 1024Total Farm Inlet Volume 0 0 0 179 369 1110 0 0 0 0 0 0 1658Total Farm Pumpage 346 366 199 0 0 0 1357 1766 1332 435 102 365 6268Water Excess or Deficit 1625 1648 1457 1050 641 -425 1414 3094 2660 1702 1360 1647Lake Inlet Volume 0 0 0 0 0 425 0 0 0 0 0 0 425Discharge Volume 345 368 177 0 0 0 134 1814 1380 422 80 367 5087Average MonthlyDischarge Rate (cfs)5.6 6.6 2.9 0.0 0.0 0.0 2.2 29.5 23.2 6.9 1.3 6.0Final Pond Storage 1280 1280 1280 1050 641 0 1280 1280 1280 1280 1280 1280Source: Applied Technology and Management, Inc., 1988Notes: Average annual water excess = 7.0 cubic feet/second= 19.6 inches/yearFlooding Depth = 1.5 feetPond Depth = 5 feetPond Area = 256 acres

St. Johns River Water Management District

556 SWIM Plan for Lake ApopkaAppendix 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 th e 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 conc ern 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 treatmen t technology. Settling ponds will have a significant impact on improving discharge wa ter 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 leve l is about 64.8% of the direct discharge system. Similarly, average pond discharge TP and TSS leve ls are 44.7% and 62.1% respectively, of the direct discharge system.

Table 12 shows the loading reduction, expresse d 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 reductio n 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 Phosphor us, 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 Syst em 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

Solids System Type Station 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 signific antly 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 wi th 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 biol ogical and physical

action would increase the nutrient lo ading reduction to approximately 75% to 85% depending upon the parameter of interest. A dditional pond area does not sign ificantly increase the loading reduction.SWIM Plan for Lake Apopka

St. Johns River Water Management District

560 APPLIED TECHNOLOGY AN D 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 un der 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 ra tio 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 struct ure was limited to 0.5 foot above the top of the water quality bleed down device.

7. For conceptual modeling pu rposes 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 fr om Pond One was 275.1 cfs and

that for Pond Two is 288.3 cfs. These results show that the design stor m and detention vol umes 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 AN D MANAGEMENT, INC.

Attachments

xc: Jack Malloy

Mike Lane Craig BrombySWIM 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 STRU CTURE 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. 1988Appendix 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 STRU CTURE 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., 1988SWIM 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 HOURSAppendix 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 HOURSSWIM 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 mo dification of its permit applic ation 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 th e District on August 9, 1993, and amended by plans received on September 1 and 29, 1993. Construc tion 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 fu ll 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 9 TH day OF DECEMBER, 1993.

PATRICIA C. SCHULTZ

District ClerkAppendix 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. (hereinaft er “Duda”), the Petitioner herein, has filed its petition seeking a determination of th e invalidity of certain administrative rules proposed for adoption by Respondent, St . Johns River water Management District (hereinafter “District”) spec ifically, 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 ag ricultural 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 modificat ions to Duda’s existing agricult ural 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 resource s 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 Du da to meet the additional requirements of Chapter 40C61, Fla. Admin. Code is both equitable and in th e 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 cont ained in Chapter 40C-61, Fla. Admin. Code, submit to the District an application for such permits as are necessary to comply with the performance standard s contained therein. 2. Duda’s permit application will propose a system capable of ex porting excess water from its existing st ormwater management ponds, incl uding 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 wa ter 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 a ssurance 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 tributariesSWIM 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 allo w Duda to continue periodic discharges to lake Apopka.

3. Duda will continue to maxi mize use of its existing stormwater management ponds and surface water management system for storage, treatment and agricultural irrigation purp oses, 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 applicat ion. The operation plan, upon approval by the District, will be appended to the pe rmit and will be a condition thereof. 4. Duda will continue to employ appropriate ma nagement 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 ow n 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 Du da’s excess water at the rate and with the frequency specified in the approved operation plan re ferred to in paragraphs 2 and 3 above. 7. Certain infrastructure, including water co ntrol structure(s) and work(s) will need to

be constructed and installed in order to en able Duda to export its excess water to the District’s property. Duda will install, oper ate and maintain a pump located immediately west of its stormwater management ponds an d east of the Apopka-Beauclair Canal, and such pump shall be capable of moving the vo lume 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 main tain such conveyance facilities, including pipe capable of receiving water in the volume s 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 facilit ies referred to in paragraph 8 above, for the purpose of conv eying 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 regar ding 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 settl ement 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 Chap ter 120, Fla. Stat., after review of Duda’s application and a determinatio n of its compliance with th e terms of this settlement agreement, the District staff will issue a Notice of Intend ed Agency Action recommending issuance of a permit in a ccordance 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 sa id 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 Divi sion 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 in itiate 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 agreemen t are not contingent on the outcome of any proceedings brought by any parties other than Duda for the determination of the invalidity of Chap ter 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 co ntinue 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 purs uant to the chapter to the Distri ct within one year of the effective date of Chapter 40C-61, Fla. Admi n. Code. Proposed s ubsection 40C-61.040(3), Fla. Admin. Code, provides that dischargers requiring permits be in compliance with

the nutrient limitatio ns contained therein for the ca lendar year ending December 31, 2001. Duda will submit its application within the time period provided for in the proposed rule provided the currently publis hed version becomes effective. Should the currently published version of the proposed rule not be come effectiv e 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 st ated in proposed s ubsection 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 an d is ready to receive Duda’s excess water, Duda will have the pump re ferred 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 agreem ent shall be extended by a commensurate number of days until such notice is received from the District. 16. This settlement agr eement 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 sh all take effect upon rendit ion by the District Clerk,

which shall follow full exec ution by the parties hereto, unless a petition for administrative hearing is filed on a timely ba sis 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 fo rmal administrative hearing. 18. The provisions of this se ttlement 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 ClerkAppendix 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 ZELLW OOD DRAINAGE AND WATER CONTROL
DISTRICT, hereinafter referred to as “ZELLWOOD ” for the purpose of resolving certain issues and proceedings presen tly pending between them, do hereby voluntarily enter

into this CONSENT ORDER an d agree to the following: 1. St. Johns is am administrative agency with in the State of Florida having the certain authority to regulate pollution of Florida’s wa ter 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 la nds described in paragraph 3. Furthermore, Zellwood is empowered in Ch apter 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 Sout h, Range 27 East; Sections 7, 18, 19, and 30, Township 21 South, Rang e 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 Sectio n 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 standa rds, 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 waterSWIM Plan for Lake Apopka

St. Johns River Water Management District

572 quality standards for the lake, however, com pliance 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 stan dards and efflue nt 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 esta blished 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 sha ll submit to St. Johns six (6) copies of drawings, signed and sealed by a pr ofessional engineer re gistered 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, Ze llwood shall submit an operation plan for the proposed water management system. St. Johns shall have twenty-one (21) days to review and make recommendations purs uant 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 auth orization 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 modifie d water management system. D. No later than May 1, 1991, Zellwood sha ll have completed co nstruction of the modified water manageme nt system and the interceptor system. E. Within sixty (60) days after the completion of construction of the interceptor system and the modified water manage ment 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; provide d, 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 construc t it except insofar as is stated herein.Appendix I

St. Johns River Water Management District

573 7. Concurrent with the activities de scribed in paragraph 6 above, Zellwood shall conduct further water quality studie s the purpose of identifying additional treatment and management stra tegies which, in conjunctio n with the facilities Zellwood has agreed to construct, have the potential to further reduce nutrient loading beyond the specific limitations set fo rth in paragraphs 9 and 10 below. As a minimum the study

shall examine-and address water use and mana gement practices, fe rtilization practices, flooding practices for insect co ntrol, 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 subm it 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 stud y 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 colle ction stations; wate r 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 collectio n 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 even ts samplings per year at the culverts. Water in the seepage interceptor syst em will be sampled at four sites placed so as to capture significant spatial variation a ccording 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 moni toring 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 considere d trade secrets and shall be kept confidential by St. Jo hns pursuant to Sectio n 403.73, Florida Statutes

. C. The data specified herein shall be collected continuous ly 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 calculatio ns shall also be submitted at the end of the first and second year. 9. The modified water management sy stem 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 pu rposes of this Co nsent Order, net phosphorus discharge will be ca lculated as the gross phosph orus 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 desc ribed elsewhere in this Consent Order which will determine the effectiveness of the system in meeting this phosph orus 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 phosph orus 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 fac ilities including retention, if necessary, to

reach this limitation. St. Johns shall have th irty (30) days to revi ew 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 Cons ent 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 facilit ies, including retention, if necessary to

reach this limitation. St. Johns shall have th irty (30) days to revi ew 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 presen tly conducting studies di rected toward development of a nutrient budget for Lake Apopka. Upon co mpletion of this study, the data derived therefrom will likely be used to establish a wasteload alloca tion 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. Neithe r does Zellwood, by ex ecuting 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 esta blished in paragraphs 9 and 10 above,

Zellwood will take such reasonab le 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 cann ot commit individually owned farmlands forSWIM 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 dete rmined that additional land is needed by Zellwood in order to meet water quality stan dards which require discharge limitations which are more stringent than those establis hed by paragraph 10 above, then St. Johns

will make available to Zellwood reasonable am ounts 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 enab le 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 standa rds become applicable to Zellwood. Zellwood will compensate St. Jo hns on the basis of the fair-market

reasonable rental value of the land ut ilized, 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 sh all be jointly selected by the parties.

13. If St. Johns does n ot own any real pr operty within or contiguous to

Zellwood at the time it is dete rmined, if it is determined, th at Zellwood must, as a result of establishment of a wasteload allocation for Lake Apopka, meet discharge standards as established in paragraph 11 above, St. Jo hns 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 fo r 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 expirat ion 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 Zellw ood shall not be deemed to be in violation of applicableAppendix 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 engin eer 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 Hy draulic 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 th is Consent Order, Zellwood shall have implemented an accurate mean s 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 accura te pumping records showing hours pumped, gallons pumped, and the time the pump started and stopped. Zellwood shall maintain accurate hydrologic data includin g 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 monitor ing program to sample its discharges to Lake Apopka and associated waterbodies. The monitoring program shall provide the following: Zellwood shall sample the first pu mp event at each p ump 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 follo ws: 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 para meters to be sampled are Total Kjeldahl Nitrogen (TKN) Storet No. 625, Nitrate + Nitrate - Nitrogen (NO

2 +NO

3 N ) Storet No. 630, Ammonia - Nitrogen (NH

3 ,-N) Storet No. 610, Total -P hosphorous (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 Cond uctivity Storet No. 95, field pH Storet No. 400, Dissolved oxygen (DO) Storet No. 300, Orthopho sphorus 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 th e last previous samp le collected at said pump. If after one year of sampling, data does not indic ate significant differences between samples, they may be composit ed. If, after one ye ar’s sampling, any pesticide/herbicide is not detected, Zellw ood may eliminate it from the list of parameters to be tested for in this paragraph. As to any other parameters exceptSWIM Plan for Lake Apopka

St. Johns River Water Management District

578 phosphorus, St. Johns’ Executive Director ma y waive the requirement of data collection

in the event Zellwood demo nstrates consistent com pliance 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 notifyin g 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 co mpletion 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 wi th 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 annu al 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 Se ction 403.73, Florida Statutes

. 21. Zellwood shall maintain all pump s control structures, riser boards, pipes, gates, and any other structur es in good working condition. 22. Zellwood shall allow authorized representatives of St. Johns access to the property at reasonable times for the pu rpose of determining compliance with this Consent Order and the rules and regulati ons administered by St. Johns and for
monitoring. 23. St. Johns hereby expressly rese rves 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 Cons ent 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 Co nsent Order, pursuant to Chapter 120, Florida Statutes

. 25. The terms and conditions set fo rth in this Consent Order may be

enforced in a court of co mpetent jurisdiction pursuant to Sections 120.69, 403.121, and
373-129, Florida Statut es. Failure to comply with the term of this Consent Order, including the specific discharge limitations se t 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 in cluding 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 Ze llwood is prevented from meeting a deadline or requirement specified in th is 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 partie s, 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 th is 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 Co ntrol 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 availabl e for public inspec tion 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 Distri ct, 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 subs tantial interests will be affected by anySWIM 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 Mod el 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 Ap alachee 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 petiti on 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, Fl orida Statutes

. Zellwood shall provide proof of publication to the District wi thin 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 purs uant to section 120.69, Florida Statutes , and Subsection 17-103.110(3), Florida Administrative Code . Upon the timely filin g of a petition, this

Consent Order will not be effective un til 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, throug h, 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 pr ejudice, the lawsuits which each has brought against the other and which are presentl y 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 an d 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 i ssue 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 th e 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 15 th

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 16 th

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 DateSWIM 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 screenin g 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 intend ed 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 selectio n of sites for more detailed subsequent investigation. The evaluation will be carried ou t 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 It em 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 comp atible analytic approaches are used by

PBG&S and the SJRWMD.

5. PBG&S staff will review the inform ation from the screening geologic investigations of the candida te 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 informationAppendix I

St. Johns River Water Management District

583 presented at this meeting, the ZDWCD will decide whet her 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 ju stified, PBG&S staff will perform a further review of regional geologic ch aracteristics based on the info rmation described in Item 1,

USGS and SJRWMD data on Fl oridan 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 geol ogic 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 ar e 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 lake s 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 estimate d water budget for the lakes, elevations and hydraulic conveyance capaciti es 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 rehab ilitation 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 an d 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 elev ations within two m iles 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 fo llowing data and services:

1. The ZDWCD will research the availab ility of land for sale in the preferred areas identified by PBG&S. Once the survey of available properti es 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 perfor med. (Typical investigation of a small site would involve a deep standard penetration test, extraction of Shelby tube samples from several depths fo r laboratory testing of vert ical hydraulic conductivity, and installation and slug testing of a piezometer). 2. Once the candidate sites and the geol ogical 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 acti vities of the ZDWCD, PBG&S, the SJRWMD and the selected geotechnical consultant. The results of the geotechnical consultant’s investigat ions will be documented in a re port 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 wri tten introducti on 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 SJRW MD will be scheduled by the ZDWCD at times mutually agr eed 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”, Item s 1 and 2 of the “Data and Services to be Furnished by the SJRWMD”, an d 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 pr oject, PBG&S will com plete 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 pr ovide 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 perfor med 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 PB G&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 tota l upset limit of $13,300.00 which will not be exceeded without the prior approval of the ZDWCD.

APPROVAL: Zellwood Drainage & Wat er 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 AN D FILE OF RECORD NO. 88-636

ZELLWOOD DRAINAGE AND

WATER CONTROL DISTRICT

AGREEMENT FOR MODIFICATION OF CONSENT ORDER The parties hereto, Zellwood Drainage an d Water Control Dist rict (hereinafter “Zellwood”), and the St. Johns River Water Management District (hereinafter “St. Johns”), executed a Consen t Order on May 15, 1989, which addresses certain water quantity and water quality issues with regard to farming activities conducted within Zellwood’s borders. Implement ation 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 he reto 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 com pleted is July 31, 1993, by which construction of the seepage interceptor sy stem, 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 u pland 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 syst em specified in the Consent Orde r, it is willing to explore the feasibility of same. In order for the parties he reto to evaluate the financial, technical and environmental feasibility of an upland disposal system as a substitute for the seepage
interceptor system, a temporar y extension of certain deadlin es 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 mo difications of the existing Consent Order, a copy of wh ich is attached hereto as Exhibit A.: 1. Due to the delay in implementat ion 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. Th is 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 ex piration of the point of entry fo r any parties whose substantialAppendix 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, an d 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 e xtended by the same amount of time as is described in Paragraph one (1 ) above. However, this modif ication shall not extend any

other terms of the Consent Order.

4. Should Zellwood elect to cease furth er analysis and ev aluation 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 sha ll 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 nece ssary between the parties to establish specifications for th e 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 an d fully executed by ea ch 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, a ll 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 Co nsent Order was executed by the parties on the date indicated

below and thereafter rendered by the Clerk of St. Jo hns 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 11 th day of March 1993.

Patricia C. Schultz

District ClerkAppendix 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 an d Water Control Dist rict (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 certai n portions of a Consent Order between the parties which was render ed on May 16, 1989. A copy of the Consent

Order is attached hereto as Exhibit No. 1 and a copy of the Agr eement for Modification

of Consent Order is attach ed 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 construc tion of an upland disposal system in lieu of the seepage interceptor sy stem described in Exhibit No . 1. Substantially all of the

tasks described in Exhibit No. 2 and the a ttachments 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 accomplis hed in order to finally determine the feasibility of going forward wi th the upland disposal alte rnative. 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 se cond 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 mo dification 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 modific ation and the expiration of the point of entry for any parties whose substantial interest may be affe cted by this agreemen t. 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 i mmediately after the 14 day notice period.
2. Zellwood, on its own behalf, and on be half 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 describ ed in paragraph 1 above, for any parties whose substantial interests may be affe cted by this modif ication 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 Lo ading 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 modif ied by Exhibit No. 2, set the phosphorous loading limit ations 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 sa me 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 upla nd disposal system an d that the hydraulic loading tests described in paragraphs 2 and 3 above will provide key information to finally determine the feasibili ty of the upland disposal alte rnative. The initial review has indicated that the upland disposal sy stem 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 modificatio n 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 Or der, 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 nece ssary 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 Mo dification of Consent Order wa s 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 28 th

day of June, 1993

Patricia C. Schultz

District ClerkSWIM 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 F ile of Record No. 88-636

ZELLWOOD DRAINAGE AND

WATER CONTROL DISTRICT

THIRD AGREEMENT FOR

MODIFICATION OF CONSENT ORDER

The parties hereto, Zellwood Drainage an d Water Control Dist rict (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 modifie d certain portions of a Consent Order between the parties which was rendered on May 16. 1989. A second modif ication agreement between the patties was rendered on Jun e 28, 1993. The Consent Order together with the two modifications thereto are hereby incorporated herein by reference.

The first and second modifications to th e 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. Subs tantially all of the fi eld 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 fe asibility analysis will require further extension of certain

time deadlines contained in the Consen t Order and the modification thereto. THEREFORE, the parties agree and stipulate to the following thir d modification to the existing Consent Order: 1. The current deadline for completi on 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 mo dification 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 fe asibility analysis as described in the first and second modification agreements and the attachments thereto. 3. Paragraphs 9 and 10 of the Consen t Order, as modified by the first and

second modification agreements set the phosphorou s loading limitations which Zellwood is required to achieve. The co mmencement of the loa ding limitations in Paragraphs 9 and 10, as modified by the se cond modification ag reement, shall beAppendix 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 abov e will provide key information to finally determine the feasibility of th e upland disposal alternative. The initial review has indicated that the upland dis posal system may have much greater costs than originally envisioned and further pursui t of this alternative will de pend 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 recogn ized that should an upland disposal system prove feasible, furth er agreements would be necessary between the parties to establish specif ications for the system, fundin g and final design for the system, as well as time for construction of the system. Any subsequent agreement would be subject to public notice an d opportunity provided to petition for administrative hearing by any substantially affected party. 7. Except as provided for herein, a ll terms and conditions of the Consent Order, as previously modified, remain in full force and effect. This Third Agreement for Modif ication of Consent Order wa s 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 20 th

day of September, 1993

Patricia C. Schultz

District ClerkSWIM 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 an d Water Control Dist rict (hereinafter Zellwood) and the St. Johns River Water Manage ment District (hereinafter St. Johns), entered into an Agreement for Modification of Consent Order which was rendered on March 11, 1993. This agreement modified certai n portions of a Co nsent 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 wi th the three modific ations thereof are hereby incorporated by reference herein.
The first, second and third modification agreemen ts 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 seep age interceptor system described in the original Consent Order. This feasibility stud y has now been comple ted and it concludes that it is technically feasible to dispose of up to five millio n gallons of farm runoff water through upland rapid infiltration ba sins 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 th e parties are to contin ue to explore this alternative for reducing the amount of phosphorus discharged to Lake Apopka, a

further extension of certain deadlines contai ned in the Consent Orde r, 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 moni toring requirements contained in the original Consent Order and have determined that some can be modified to improve the data derived from mo nitoring 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 estab lished by the third modificat ion of the Consent Order. The construction deadline is hereby extended for a period not to exceed 270 days from the date this modification ag reement 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 Exhi bit 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 Co nsent 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 ag reement, shall be extended by the same amount of time as is described in paragraph 1 above. However,

this modification shall not ex tend any other terms of the original Consent Order. 4. With the completion of the technical feasibility determination, substantial progress has been made toward possible implem entation of an upland disposal system for Zellwood. Completion of th e 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 dispo sal 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 ag reements 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 tota l 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 monitor ing 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 statio ns PS1 and PS2, and discrete monthly sampling of pump st ations P3, P4 and P9, if operated. Samples shall be collected at the pump station inlet and analyzed fo r Total Phosphorus. Composited samples shall be collected 15 minutes after init iation 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 stat ions P3, P4, and P9 must be sampled monthly, If no pumps were operated within a p ump station during a particular month, no sample is required for that month. An ac id-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 st ation exceeds 5% of the tota l volume discharged on an annual basis, Zellwood will implement a progr am to monitor each pump event at that particular pump station for total phosphor us, through manual or automated means. Samples must be submitted to a laboratory, ce rtified by the Department of Health and Rehabilitative Services, for analysis within 28 days of initial sam ple 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 th e 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 Modif ication of Consent Order wa s 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 17 th

day of November, 1993

Patricia C. Schultz

District ClerkSWIM 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 co nstruction 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 sele ct locations for addit ional borings to be us ed 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 lo cation 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 develo p a plan for installation of piezometers

around the test cell. 1.3 PBG&S staff will provide ZDWCD staff with guidance on pe rformance of the load test, and will interpre t the load test result.

2. Groundwater Modeling

2.1 PBG&S will coordinate with the SJRWMD st aff in their assess ment of long-term fluctuations in the potentiometric, surface of the Floridan aquifer in response to rainfall fluctuations and changes in net recharge caus ed 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 se t 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 ground water 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 groundwa ter 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 co mpletely unsaturated under natu ral conditions. Therefore there are no background data available showing water levels under natural recharge conditions to provide a calibration con dition for the ground water flow model).

2.6 PBG&S staff will review the results of the phosphorus ad sorption 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 whet her 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 st aff 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 sh are 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 conceptu al 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 andSWIM 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 n ot 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 Convey ance 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 fo r Construction and Operation

6.1 PBG&S will assist the ZDWCD to develop preliminary cost estimates for design and construction of the pr oposed RIB system. PBG&S w ill provide the ZDWCD with preliminary estimates of the amount of earth moving whic h 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, Communic ation 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 ar e to be provided by the SJRWMD: 1. Hydrogeologic Investigation

1.1 SJRWMD staff will attend a meeting wi th 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 includ e borings designed to provide additionalAppendix I

St. Johns River Water Management District

601 information on the hydrogeologic conditions below these lakes to assist the SJRWMD to estimate their potential leak age to the Floridan aquifer. Th e 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 ch ain 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 wate r control syst em design will include consideration of any necessary alterations to the vegetation which has invaded the dry lake bottoms, and preferred op erating levels for the lakes. The plan will also address the potential water quality impact s of rehydrating the desiccated muck soils in the lake
bottoms, 2.3 The SJRWMD conceptual surface water co ntrol system design will include a plan for any necessary routine monitoring and operational control activities.

3. Preliminary Cost Estimates for Fina l 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 includ e 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 wi th 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 prelimin ary cost estimates

described in item 3.1 immediately above.

DATA AND SERVICES TO BE FURNISHED BY THE ZDWCD The ZDWCD will provide the fo llowing 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 La ke Witherington. The contractor or agency will also extend the existing GPR surve y on the west side of Lower Lake Doe and Lake Witherington. The loca tions for GPR transects will be selected through consultation with PBG&S. 1.2 Once the second upland load test lo cation has been selected, the ZDWCD will

construct a test cell in the selected locati on. The ZDWCD will obtain the services of a qualified contractor or agency to install piezometers and ob tain soil samples around the

test cell at locations and de pths 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 tot alizing flow meter. The test cell will be provided with a float control to maintain po nded water elevations within a selected operating range by switching the pump on and off.

1.4 The ZDWCD will monitor the test flo ws daily, and will record the daily flow volumes supplied to the test cell. ZDWCD st aff 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 de sign for a flow co nveyance 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 s torage 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 Fina l 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 info rmation provided by PBG&S and the SJRWMD supplemented by additional info rmation provided by the ZDWCD.

4. Coordination and Communication

4.1 The ZDWCD will assist PBG&S and the st aff of the SJRWMD in normal project

coordination activities. The project coordination will includ e 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 SJRW MD will be scheduled by the ZDWCD at times mutually agr eed 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 with in eleven (11) weeks of project start-up, PBG&S will complete interpretation of th e 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 meetin g with the ZDWCD to review the additional

information and decide if fur ther analysis is warranted. If further analysis is approv ed 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 paralle l with PBG&S to perform the conceptual design of the surface water management syst em (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 OrderSWIM 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 desi gn 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, an d 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 wri tten report document ing 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 el even (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 Perfor med by PBG&S” with an upset limit of
$_____ which will not be exceed ed without the prior a pproval of the ZDWCD.

APPROVAL: Zellwood Drainage & Wat er 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 fl ood elevations within the specified portion of the chain of lakes. If appropriate, District staff will develop a conveyance and routing mode l. District staff will reco mmend a conceptual water management strategy, wh ich will include control elevations and structures, if necessary.

2. District staff will examine the relation ship between rainfall and Floridan aquifer levels to assist in evaluating the long-term response of th e chain of lakes to additional hydrologic inputs.

3. District staff will determ ine desired wetland hydroperiods within the specified portion of the chain of lakes.

4. District staff will develo p a water quality management strategy for the specified portion of the chain of lakes if appropri ate, limited water quality sampling will be performed. The phosphorus adsorption ca pacity of the proposed Rapid Infiltration

Basin site will be tested and evaluated.

5. District staff will continue to cooperate with Ze llwood 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 an d Water Control Dist rict (hereinafter Zellwood), and the St. Johns River Water Mana gement District (hereinafter St. Johns), entered into an Agreement for Modification of Consent Order which was rendered on March 11, 1993. This agreement modified certai n portions of a Co nsent 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 modific ation agreement between the pa rties hereto was rendered on November 17, 1993. The original Consent Order together with the four modifications thereof are hereby incorpor ated by reference herein.
The first, second, third, and fourth modif ication 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 th e seepage interceptor system described in the original Consent Order. This feasibility stud y has now been comple ted and it concludes that it is technically feasible to dispose of up to five millio n gallons of farm runoff water through upland rapid infiltration ba sins 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. Alth ough 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 extens ion 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 modificationAppendix I

St. Johns River Water Management District

607 agreement. This time schedule and the e xtension 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 Co nsent Order, as modified by the first,

second third and fourth modification agreements, se t 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 four th modification agreement, shall be extended by the same amount of ti me 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 implem entation of an upland disposal system for Zellwood. Completion of th e 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 dispo sal 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 ag reements 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 th e 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 Modif ication of Consent Order was executed by the parties on

the date indicated below and ther eafter 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 23 rd day of August, 1994

Patricia C. Schultz

District ClerkAppendix 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 an d Water Control Dist rict (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 modificatio n of the Consent Order. The first through fifth modific ations of the Consent Order extended certain deadlines therein while the parties explored the feasib ility 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 purpos e of the parties explori ng the feasibility of substituting an alum injection system for the seepage interceptor system. Based on the feasibility evaluation performed for Zellw ood by its consultant, Environmental Research & Design, Inc. (ERD), the incl usion of an alum inje ction 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 an d further evaluation of an alum injection system by Zellwood in accordance with th e terms and limitations set forth herein. Therefore, the parties do hereby agr ee and stipulate to the following seventh modification to the existing Consent Order: 1. The provisions of Paragraph 6 of the or iginal 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 sy stem at its Pump Station No. 2, or addit ional 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 equi valent of 80% on a fl ow-weighted annual average basis beginning in calendar year 1997. The operational criteria shall beSWIM 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 consul tant in January, 1995, do not necessarily represent the full range of operational condit ions 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. Th e 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 averag e 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 oper ational conditions necessary for Zellwood to achieve the equiva lent 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 describ ed in Paragraph 4 below indicate that it isnot 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 st udy and evaluate the operational criteria necessary for the system to achieve the perf ormance standard outlined in Paragraph 5 below. This study must conform to the following specifications: (a) The percentage reduction in or thophosphate 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, alterati ons to the injection method or location, and installation of inje ction systems on addit ional 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 Paragrap h 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 basedAppendix I

St. Johns River Water Management District

611 on 90% statistical confidence level. In determ ining, whether reasonab le assurance exists, St. Johns will consider mitigating information, such as an adjusted alum dosage rate which achieved the desired percentage reduct ion, applied to an equivalent pump event. Following such a demonstratio n, 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 s ubstantially alters historical pumping patterns to the extent that reasonable assu rance 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 aver age 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 pe rformance 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 colle cted 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 in jection, 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. Du ring 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 an d analysis within 48 hours) by a laboratory appropriately certified by the Department of Health and Rehabilitative Services. Samples collected by the refrigerated automatic sampler afte r 12:01 P.M. on Friday through Monday at 8:00 A.M. must be submitted to the analytical labo ratory before 12:01 P.M. on that Monday. If the samples are not analyzed within the ti meframes 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 reco rd 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 ab ove, 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. Jo hns 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 se diment cores collected at distances of 150 yards and 250 yards, respectively, from the fu el tanks north of Pump Station No. 2, on a transect perpendicular to Zellwood’s levee; (b) Zellwood must measure sedimen t 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 sam ple 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 perpen dicular to Zellwood’s
levee, and at a minimum distance of 25 feet north of the cattail fringe. Samples must be collected annually, pr ior to operation of the alum in jection system, and during the second calendar quarter therea fter. If a substantial declin e in species composition or abundance is documented at the sample stat ion 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 an d analysis for dissolved aluminum water column into the existing Lake Apopka monitoring program. 8. Zellwood’s consultant will perf orm two additional jar tests with samples collected between July 15, and Au gust 30, 1995, to evaluate the rate of orthophosphate removal, using the methodol ogy 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 dischar ge to Lake Apopka, Zellwood shall provide space and electrical service adjacent to Ze llwood’s sampling equipment appropriate for

St. Johns’ automatic sam plers and access by St. Johns’ staff. In no event, however, shall Zellwood be required to provide electrical service where none ex ists, 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 su ch measures as are necessary to resume operation of the alum injectio n 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 sha ll make appropriate modifications to the system to prevent pH levels from fallin g 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 follo wing information to St. Johns: (a) An annual report describin g the operational effectiveness and maintenance of the alum injection system. Th e annual report shall include a tabulation of operational hours, down -time hours and recommended modifications, if necessary, to increase operational effectiveness. Re commendations 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 requ ired to be collected or ca lculated under Paragraphs 4 through 7 above; (c) All rainfall records submitted to St. Johns quarterly. 12. For the calendar year commencing Ja nuary 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 adjustme nts for rainfall and groundwater as detailed in Paragraph 9 of the original Consent Order. 13. If after operating the alum inje ction 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. Jo hns with reasonable assurance that it can reduce orthophosphate levels in the disch arge 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 wi th 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 adjust ments for rainfall and groundwater as incorporatated by reference in Paragraph 10 of the orig inal Consent Order and in

accordance with the time frames and limit ations established by Paragraph 10 of theSWIM Plan for Lake Apopka

St. Johns River Water Management District

614 original Consent Order and subsequent modif ications. Should this occur the monitoring conditions for Pump St ation 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 syst em to meet the requirements of the Consent Order does no t imply that St. Johns will approve the method or design specified in this agr eement for compliance wi th proposed rule chapter 40C-61, Fla. Admin. Code. Continuati on after the expiratio n of this Consent Order of an alum injection system by Zellwoo d 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 specifical ly addressed herein, or in any of the previous 6 modifications to the orig inal Consent Order, all terms an d conditions of the original
Consent Order, as amended, re main 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 21 st day of April, 1995

Patricia C. Schultz

District ClerkAppendix 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 MODIF ICATION OF CONSENT ORDER The parties hereto, Zellwood Drainage an d Water Control Dist rict (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 cond ucted within Zellwood’s borders. There have been seven previous agreements for modific ation of the Consent Order. The first through fifth modific ations of the Consent Order extended certain deadlines therein while the parties explored the feasib ility 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 purpos e of the parties explori ng 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 operat ional criteria. As a result, the parties mutually agree to the terms and limitations set forth herein. Therefore, the parties do hereby agr ee and stipulate to the following eighth modification to the existing Consent Order: 1. Zellwood will continue to operate an alum injection sy stem constructed in accordance with the plans and specific ations 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 Zellwoo d’s Pump Station No. 2 by the equivalent of 80% on a flow-weighted a nnual average basis beginning April 1, 1997. Zellwood shall operate this alum injection syst em 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 moni toring required by Paragraphs 4 and 5
below, Zellwood will continue to evaluate th e long-term operationa l criteria necessarySWIM Plan for Lake Apopka

St. Johns River Water Management District

616 for the system to achieve the pe rformance 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, an d each year thereafter. 3. Using the monitoring data and the results of the operational effectiveness data described in Paragrap h 5(a) below, Zellwood must continue to provide St. Johns with information giving reasonable assurance that for the remainder

of the term of the Co nsent Order, dissolved orthophosp hate 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 operat ional 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 th is paragraph, Zellwood shall maintain a minimum dosage rate of 15 mg/I until th e 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. Jo hns staff will reevaluate, and if necessary, modify the long-term op erational criteria. 4. The following monitoring regime shall be maintained at Pump Station No. 2 for the purposes of evaluating the pe rformance 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 orthop hosphate 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 theAppendix 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 samplin g, the samples shall be combined for a single analysis. During pumping days in wh ich 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 me thods (preserved by cooling to less than 4 degrees centigrade and analysis within 48 ho urs) by a laboratory appropriately certified by the Department of Health and Rehabilit ative Services. Sample s 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 spec ified 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 quarterl y data reports required by the
current Consent Order, Zellwood shall subm it the following info rmation to St. Johns: (a) Annual reports describing the operational e ffectiveness and maintenance of the alum injection system. Th e annual report shall include a tabulation of operational hours, down-t ime hours and recommended modif ication, if necessary, to increase operational effect iveness. 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 requ ired to be collected or ca lculated 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 pump s 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 theSWIM Plan for Lake Apopka

St. Johns River Water Management District

618 stormwater treatmen t facility referenced in Sect ion 373.461, Florida St atutes, unless discharge from P9 is routed through such stormwater treatment facility. 7. If after operating the alum injectio n system as outlined in Paragraph 1
above, Zellwood is unable to develop operational criteria which will enable it to provide St. Johns with re asonable 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 th e Consent Order. If Zellwood elects not to operate the alum injection system, the net discharge of total phosphorus to Lake Apopka from all disch arge points shall n ot exceed 40,675 pounds per year, with adjustments for rainfall and gr oundwater as incorporated by reference in Paragraph 10 of the original Consent Order an d in accordance with the time frames and limitations established by Paragraph 10 of the original Consent Order and subsequent

modifications. Should this occu r, the monitoring conditions for Pump Station No. 2 as outlined in the Fourth Agreement for Modif ication of Consent Or der must immediately

be reinstated. 9. St. Johns’ approval of an alum injection system to meet the requirements of the Consent Order does no t imply that St. Johns will approve the method or design specified in this agreement for complia nce with any rule adopted to implement Section 373.461,Flo rida 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 an y of the previous seven modifications to the orig inal Consent Order, all terms an d conditions of the original
Consent Order, as amended, re main 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 20 th

day of March, 1997.

Sandra L. Bertram

Asst. District Clerk