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ATTACHMENT E <br /> lE{�OYV Florida Deartment of Rick Scott <br /> Governor <br /> � A Environmental Protection Jennifer Carroll <br /> Bob Martinez Center Lt.Governor <br /> 2600 Blair Stone Road <br /> Tallahassee,Florida 32399-2400 Herschel T.Vinyard Jr. <br /> Secretary <br /> November 9,2012ecoll 'v <br /> �qq 1 3 l�Q <br /> AV <br /> Environmental Section Supervisor 0AEdo)G,John C.Royal 10OColo. <br /> Brevard County Natural Resources Management Office NP3URALP�500P <br /> 2725 Judge Fran Jamieson Way <br /> Viera,FL 32940 <br /> Dear Mr.Royal: <br /> Thank you for your October 31,2012 submission of a draft fertilizer ordinance for Brevard County, and <br /> your 11/2/12 email requesting evaluation of suggestions by a local planning agency. The Department <br /> notes that the provisions of the draft ordinance appear consistent with the 2010 Model Ordinance <br /> referenced in Section 403.9337(3)of the Florida Statutes,with the exceptions described below: <br /> 1.No fertilizer containing phosphorous shall be applied to turf or landscape plants in Brevard County <br /> unless a soil or plant tissue deficiency is verified by a University of Florida,Institute of Food and <br /> Agriculture Sciences,approved testing methodology. <br /> Rule 5E-1.003(2),Florida Administrative Code permits up to 0.251b P2O5/1000 f?per <br /> application up to 0.51b P2O5/1000 ft2 annually without testing. Therefore,the draft ordinance is <br /> stricter than the model. <br /> 2.The nitrogen content of fertilizer applied to turf or landscape plants within Brevard County shall <br /> contain at least 50%slow release nitrogen per guaranteed analysis label. <br /> Rule SE-1.003(2),Florida Administrative Code does not require a slow release nitrogen content <br /> unless exceeding the maximum soluble nitrogen application rate. Therefore,the draft ordinance <br /> is stricter than the model. <br /> 3. The Local Planning Agency(LPA)suggested mandatory June 1-September 30 application ban is not <br /> consistent with the model, and is stricter.Also,please take into account that parts of Brevard County are <br /> sufficiently far north that a significant dormancy response may be present in the late fall through mid <br /> spring,resulting in enhanced nutrient losses from any fertilizer applied during this period. <br /> 4. The suggested expansion of the fertilizer free zone from three(3)or ten(10)feet to fifteen(15)feet <br /> may be construed as stricter than the Model Ordinance. The purpose,of the zone in the model ordinance <br /> is to prevent the applicator from depositing fertilizer directly into the water when using a rotary or <br /> `broadcast' type spreader. This expansion may be construed as adding a small mandatory`filter strip' as <br /> a stormwater treatment buffer upstream of the applicator's `Ring of Responsibility' to avoid polluting <br /> www.dep.state.0.us <br />