Important Update on Access to Indian Creek and Indian Creek Springs aka Gissy Spring
Hello, fellow paddlers!
I wanted to share some new and significant developments regarding the ongoing situation at Gissy Springs, which many of you know from my previous posts here on Florida Paddle Notes. The time is finally here! On October 4th, 2024, The Florida Department of Environmental Protection (FDEP) issued a draft Consent Order to Gissy Springs LLC, the owners of the property adjacent to Indian Creek and Indian Creek Springs, aka Gissy Springs part of the Rainbow Springs Aquatic Preserve.
What’s Happening?
As many of you know, Gissy Springs LLC has installed a fence and gate on their property that restricts access to part of Indian Creek and Indian Creek Springs aka Gissy Springs—a place known for its natural beauty and popular among paddlers. Based on a complaint, filed in May of this year by an avid Rainbow River paddler, Larry Heath, an inspection of the fence was conducted by FDEP in June of this year and in August an Enforcement Transition Letter ( it serves to notify the recipient that their case is moving forward into a more formal stage of enforcement. It typically includes information on what to expect next, possible actions to take, and contact information for further inquiries.) was issued to Gissy Springs LLC. If you did not know, Gissy installed the fence and gate without a permit.
The FDEP has taken action, and the draft Consent Order, issued on October 4th 2024, is currently on the table requiring Gissy Springs LLC to either obtain a permit for this fence or remove it and restore the area if the permit is denied.
Here is the current timeline of events with key information:
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- Site Information:
- Site ID: ERP_278137
- Project Name: GISSY_9150 SW 177TH AVE RD _ Fence
- Parcel ID: 34572-002-00
- Location: Marion County, Florida
- Site Information:
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- Key Personnel:
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- FDEP staff: Charlie Nolan (lead inspector), Jordan Evans, Mara Galvez Gonzalez
- Property Owner: James L Gissy (Gissy Springs LLC)
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- Timeline of Events:
May, 2024: A complaint was made to the Florida DEP by Larry Heath – Complaint ID: 1361
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- June 10, 2024: Date of inspection
- June 20, 2024: Email confirming inspection completion
- August 5, 2024: Discussion about moving forward with a consent order
- August 20, 2024: Enforcement Transition Letter issued
- August 29, 2024: Update on consent order progress
- October 4th, 2024: Draft Consent Order issued
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What is a Consent Order?
A Consent Order is a legally binding agreement between a regulatory agency—in this case, the Florida Department of Environmental Protection (FDEP)—and a party that is alleged to have violated environmental laws or regulations. Instead of going to court, the involved parties agree on specific actions to resolve the issue. In the case of Gissy Springs LLC, the Consent Order addresses unauthorized construction—a fence and gate—that restricts access to part of Indian Creek and Indian Creek Spring aka Gissy Springss. Under the terms of the order, Gissy Springs LLC must either obtain a permit to keep the fence or remove it and restore the area if the permit is denied. This agreement is crucial because it outlines clear steps the company must take to comply with environmental regulations, ultimately impacting public access to these protected waters.
What Does This Mean for Us?
If the fence is permitted, it could mean restricted access to parts of Indian Creek and Indian Creek Springs aka Gissy Springs, that have been historically open to the public. This order sets a precedent for how access to these precious natural resources may be managed in the future. We have come across these scenarios paddling in other areas on our waterways, a couple come to mind, House Spring at Crystal River and Big Blue Spring on the Withlacoochie. This is important! As paddlers, this issue impacts our rights and access to Florida’s natural waterways, which we’ve all enjoyed for years and want to continue to enjoy into the future.
What Can You Do?
If you feel strongly about preserving access to Indian Creek and Indian Creek Springs aka Gissy Springs and maintaining our public rights to these waters as well as many others, now is the time to act. Remember, what happens here can have a major impact on situations like this on many other waterways. The Consent Order is still in draft form, meaning it hasn’t been finalized or enforced yet. Here’s how you can make your voice heard:
• Submit a Petition: If you believe your interests are affected by this fence and want to formally challenge the draft order, you can file a petition for an administrative hearing. You’ll need to submit it within 21 days of Gissy Springs LLC receiving notice of the Consent Order. ( which at this time may already have happened. To be safe file your petition in the next 7 days! )
Details on the Petition and Where to File It
Content of the Petition: Third parties need to provide specific information in their petition, including:
• Your name, contact details, and how your interests are affected by the Consent Order.
• A statement outlining when and how you became aware of the Consent Order.
• A list of any disputed facts and the reasons why you believe the Consent Order should be modified or reversed.
• The rules or laws you believe were violated or incorrectly applied, with explanations relating these to your case.
• The specific outcome you seek from the Department (e.g., reversal, modification).
To file, visit the FDEP website and submit your petition to the Office of General Counsel
Office of General Counsel
3900 Commonwealth Boulevard, MS-35
Tallahassee, Florida 32399-3000
or by mail: Or by email at: Agency_Clerk@floridadep.gov.
“Here is an example of a petition letter for this issue. Please remember, while volume of letters received does matter, personalized letters have more influence because they provide unique perspectives and highlight individual concerns. When people modify template letters to reflect their personal experiences, it shows genuine investment and thought, making the submission more compelling!”
The time to act is now, before this draft order becomes final. I encourage you all to stay informed, share your thoughts, and consider submitting your feedback to ensure that our voices are heard. Let’s work together to protect the paddling access we cherish in Florida.
I will keep you updated as I learn more…
Paddle on,
James
Documents in this case:
Previous Posts on this Issue:
Exploring Florida’s Navigable Waterways & Paddler’s Rights
Indian Creek & Indian Creek Springs aka Gissy Spring
