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DEP #15-0238STATE OF FLORIDADEPARTMENT OF ENVIRONMENTAL PROTECTIONIn re : SILVER SPRINGS, SILVEROGC Case No. 15-0623SPRINGS GROUP, and UPPER SILVERRIVER BASIN MANAGEMENT ACTION PLAN /FINAL ORDER ESTABLISHING THE SILVER SPRINGS, SILVER SPRINGSGROUP, AND UPPER SILVER RIVERBASIN MANAGEMENT ACTION PLANPursuant to Section 403.067(7), Florida Statutes, thisFinal Order adopts the attached Basin Management ActionPlan ("BMAP") for certain Class III surface waterbodieswithin the Silver Springs Basin.The adopted BMAP,entitled "Basin Management Action Plan for theImplementation o f Total Maximum Daily Loads Adopted by theFlorida Department of Environmental Protection in theSilver Springs Basin Management Area for Silv er Springs,Silver Springs Group, and Upper Silver River" and datedOctober 2015, is attached hereto and incorporated herein asExhibit 1.The Silver Springs, Silver Springs Group, and UpperSilver River BMAP has been developed as part of theDepartment ' s Total Max imum Daily Load ("TMDL") Program, asauthorized under the Florida Watershed Restoration Act(Section 403.067, Florida Statutes).Surface waterscovered in the Silver Springs, Silver Springs Group, andUpper Silver River BMAP are designated as Class III wa ters

in accordance with Chapter 62-302, Florida AdministrativeCode ("F.A.C.u).Class III waters must have suitable waterquality for recreational use and for the propagation andmaintenance of a healthy, well-balanced population of fishand wildlife.The Silver Springs, Silver Springs Group, and UpperSilver River Basin is located in Marion, Alachua, Putnam,Lake and Sumter Counties.In February 2013, the Departmentestablished TMDLs for Silver Springs, Silver Springs Group,and Upper Silver River within the Ocklawaha River Basin inRule 62-304 . 500, F.A . C .Excessive nitrate is the primarypollutant contributing to the impairments.Table 3 in theattached Exhibit 1 identify the applicable TMDLs.The Department worked closely with the affectedstakeholders, including local and state agencies, indeveloping the Silver Springs, Silver Springs Group, andUpper Silver River BMAP to achieve the associated TMDLs.Beyond direct work with the affected stakeholders, theDepartment encouraged public participation to the greatestpracticable extent by providing routine updates intechnical meetings and requests for comment at technicalmeetings on the Silver Springs, Silver Springs Group, andUpper Silver River BMAP.The Department held a noticed2

public meeting in the basin on July 23, 2015, to discussthe BMAP and receive comments.The Silver Springs, Silver Springs Group, and UpperSilver River BMAP represents the collaborative effort ofstakeholders to identify current and planned projects andmanagement actions to achieve pollutant load reductionsrequired by the TMDLs.The adopted BMAP documents theprojects and management actions that have been, or will be,undertaken by stakeholders to reduce discharge ofpollutants in the watershed.The projects and managementactions (completed, ongoing, and planned) identified in theBMAP address known sources of pollutants, facilitateinvestigation of unknown sources, prevent new sources, andaddress future loads associated with population growth andland use changes in the basin.The specific pollutant reduction projects andmanagement actions required of individual entities are setforth in Chapter 4 and Appendix C of the BMAP.Allprojects and management actions in the BMAP must becompleted by the assigned entity within five years of theeffective date of this Order unless otherwise noted in theBMAP.Actions that are ongoing in nature (for instance,street sweeping and stormwater pond maintenance) must beinitiated within 120 days of the effective date of this3

Order, and thereafter continued, unless otherwise indicatedin the BMAP.This Final Order and incorporated BMAP are enforceablepursuant to sections 403.067, 403.121, 403 . 141, and403 . 161, Florida Statutes.THEREFORE, IT IS ORDERED that the attached Exhibit 1is hereby adopted as the Silver Springs, Silver SpringsGroup, and Upper Silver River Basin Management Action Plan .NOTICE OF RIGHTSThe Silver Springs, Silver Springs Group, and UpperSilver Riv er BMAP shall become final unless a timelypetition for an administrative proceeding is filed pursuantto the provisions of Sections 120 . 569 and 120 . 57 of theFlorida Statutes, before the deadline for filing apetition.The procedures for petitioning for a hearing areset forth below.A person whose substantial interests are affected bythe Departme n t ' s proposed agency action may petition for anadministrative proceeding (hearing) under Sections 120.569and 120 . 57 of the Florida Statutes.The petition mustcontain the information set forth below and must be filed(received) in the Departmen t' s Office o f Gene r al Counse l ,4

3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,Florida 32399-3000.Petitions must be filed within 21 days of publicationof the public notice or within 21 days of receipt of thisorder, whichever occurs first.Under Section 120.60(3),Florida Statutes, however, any person who asked theDepartment for notice of agency action may file a petitionwithin 21 days of receipt of such notice, regardless of thedate of publication.The failure of any person to file apetition within the appropriate time period shallconstitute a waiver o f that person ' s r i g ht to request anadministrative determination (hearing) under Sections120.569 and 120 . 57 of the Florida Statutes, or to intervenein this proceeding and participate as a party to it.Anysubsequent intervention (in a proceeding initiated byanother party) will be only at the discretion of thepresiding officer upon the filing of a motion in compliancewith Rule 28-106.205, F.A.C.A petition that disputes the material facts on whichthe Department ' s action is based must contain the followinginformation:(a) The name, addresses, and telephone number of eachpetitioner; the Department case identification number and5

the county in which the subject matter or activity islocated;(b) A statement of how and when each petitionerreceived notice of the Department action;(c) A statement of how each petitioner's substantialinterests are affected by the Department action;(d) A statement of the material facts disputed by thepetitioner, if any;( e) A statement of facts that the petitioner contendswarrant reversal or modification of the Department action;(f) A statement of which rules or statutes thepetitioner contends require reversal or modification of theDepartment action; and(g) A statement of the relief sought by thepetitioner, stating precisely the action that thepetitioner wants the Department to take .A petition that does not disputes the material facts onwhich the Department ' s action is based shall state that nosuch facts are in dispute and otherwise shall contain thesame information as set forth above, as required by Rule 28 106.301, F . A.C.Because the administrative hearing process is designedto formulate final agency action, the filing of a petitionmeans that the Department ' s final a ction may be different6

from the position taken by it in this order.Persons whosesubstantial interests will be affected by any such finaldecision of the Department on the petition have the right topetition to become a party to the proceeding, in accordancewith the requirements set forth above.Mediation is not available for this proceeding.A party who is adversely affected by this order hasthe right to seek judicial review under Section 120.68 ofthe Florida Statutes, by filing a notice of appeal underRule 9 . 110 of the Florida Rules of Appellate Procedure withthe clerk of the Department in the Office of the GeneralCounsel, Mail Station 35, 3900 Commonwealth Boulevard,Tallahassee, Florida, 32399-3000, and by filing a copy ofthe notice of appeal accompanied by the applicable filingfees with the appropriate district court of appeal.Thenotice of appeal must be filed within thirty days afterthis order is filed with the clerk of the Department .7

day ofDONE AND ORDERED thisDeb (o ,2015,in Tallahassee, Florida.STATE OF FLORIDA DEPARTMENTOF ENVIRONMENTAL PROTECTIONSec' ryMarjorie Stoneman Douglas Building3900 Commonwealth BoulevardTallahassee, Florida 32399-3000FILED ON THIS DATE PURSUANT TO§ 120 . 52,FLORIDA STATUTES, WITH THE DESIGNATEDDEPARTMENT CLERK, RECEIPT OF WHICH ISHEREBY ACKNOWLEDGED.Q J CLERK 10/o-, I}Jc;IDATE8

FINALBASIN MANAGEMENT ACTION PLANfor the Implementation of Total Maximum Daily Loadsadopted by theFlorida Department of Environmental Protectionin theSilver Springs Basin Management AreaforSilver Springs, Silver Springs Group, andUpper Silver Riverprepared by theDivision of Environmental Assessment and RestorationWater Quality Restoration ProgramFlorida Department of Environmental ProtectionTallahassee, FL 32399in cooperation with theSilver Springs Basin Management Action Plan Working GroupOctober 2015

FINAL Basin Management Action Plan for Silver Springs, Silver Springs Group, and Upper Silver River, October 2015ACKNOWLEDGMENTSThe Silver Springs Basin Management Action Plan was prepared as part of a statewide watershedmanagement approach to restore and protect Florida’s water quality. It was developed with participationfrom affected local, regional, and state governmental interests, identified below; elected officials andcitizens; and private interests.FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONJon Steverson, SecretaryLIST OF SILVER SPRINGS BMAP PARTICIPANTS- Empty cell/no dataTYPE OF ENTITYLocal GovernmentsRegional and State AgenciesOther Interested StakeholdersNAMECity of OcalaAlachua CountyCity of BelleviewCity of HawthorneMarion CountyThe VillagesTown of McIntoshLake CountyTown of Lady LakeTown of Fruitland ParkPutnam CountySumter CountyFlorida Department of Agriculture and Consumer Services (including the FloridaForest Service and Office of Agricultural Water Policy)Florida Department of Environmental Protection, Central and Northeast DistrictOfficesFlorida Department of Health in Marion CountyFlorida Department of Transportation, Districts 2 and 5Silver Springs State ParkSt. Johns River Water Management DistrictSouthwest Florida Water Management DistrictSilver Springs AllianceAdena SpringsOklawaha Valley AudubonPlum Creek Timber CompanyUniversity of Florida–Institute of Food and Agricultural Sciences ExtensionSierra ClubPrivate agricultural interestsUniversity of FloridaFlorida Farm Bureau FederationMarion County Farm BureauPage ii of xxiii

FINAL Basin Management Action Plan for Silver Springs, Silver Springs Group, and Upper Silver River, October 2015For additional information on Total Maximum Daily Loads and the watershed management approach inthe Silver Springs Basin, contact:Mary Paulic, Basin CoordinatorFlorida Department of Environmental ProtectionWater Quality Restoration Program, Watershed Planning and Coordination Section2600 Blair Stone Road, Mail Station 3565Tallahassee, FL 32399-2400Email: Mary.Paulic@dep.state.fl.usPhone: (850) 245–8560Page iii of xxiii