DEPARTMENT OF ENVIRONMENTAL PROTECTION
DepartmentalNotice of Adoption of Secretarial Order Revising the verified list of impaired waters for Groups 1 through 4.
Pursuant to Section 403.067(4), Fla. Stat., and Rule 62-303, Florida Administrative Code (F.A.C.), the Department of Environmental Protection (Department) is revising the verified list of impaired waters for the Group 1 through 4 basins. These revisions will be submitted to the United States Environmental Protection Agency (EPA) as an addendum to the Department’s 2006 submission, pursuant to Section 303(d) of the federal Clean Water Act, and shall serve to further amend the 1998 Section 303(d) statewide list of Florida waters (the “1998 List”) maintained by EPA.
This order addresses the following revisions to previously adopted verified lists:
a) add the main stem of the Wekiva River (WBIDs1 2956 and 2956A), Wekiva Springs (WBID 2956C), and Rock Springs Run (WBID 2967) to the verified list for the Middle St. Johns River Basin as impaired for nutrients based on “other information” indicating an imbalance in flora or fauna pursuant to Rule 62-303.450(2), F.A.C.,
b) remove the nutrient listings for Starke Lake (WBID 3002D), Lake Primavista (WBID 3002E), Lake Lotta (WBID 3002G), and Prairie Lake (WBID 3002N) from the verified list for the Middle St. Johns River Basin because it has been determined that the data that were the basis for the original listing do not meet quality assurance/quality control requirements,
c) remove the nutrient listing for Island Lake Wetlands (WBID 2994D) because it has been determined that the waterbody was assessed as a lake when it is actually a wetland and some of the assessed data were actually collected from a borrow pit,
d) remove the Dissolved Oxygen listing for Reedy Creek Above Lake Russell (WBID 3170C) from the verified list for the Kissimmee River because the low dissolved oxygen levels have been determined to be a natural condition,
e) remove the Iron listing for C-24 (WBID 3197) from the verified list for the St. Lucie-Loxahatchee River basin because it has been determined that wrong parameter codes were used by the sampling agency, and once the codes were corrected, there were no exceedances of the criterion, and
f) remove all listings for Total Coliforms from the Group 1 through 4 Basins verified lists because the Total Coliform criterion was repealed and as such, TMDLs cannot be established.
Persons whose substantial interests are affected by this order have a right to petition for an administrative hearing to contest this order pursuant to Sections 120.569 and 120.57, Fla. Stat. The Petition must contain the information set forth below and must be filed (received) in the Department’s Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399‑3000, within 21 days of the date of receipt of this order. Failure to file a petition within 21 days of the date of receipt of this order constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Fla. Stat.
This order is final agency action. A party who is adversely affected by this order has the right to seek judicial review under Section 120.68, Fla. Stat., by filing a notice of appeal under Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Department in the Office of the General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this order is filed with the clerk of the Department. View the original Order on our website at http://www.dep.state.fl.us/legal/Final_Orders/2007/ DEP07-0001.pdf
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1[1] WBID = waterbody idebntification number
