AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

MARCH 29, 2001

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Item 1 Minutes

Submittal of the Minutes from the February 6, 2001 Cabinet Meeting.

(See Attachment 1, Pages 1-13)

RECOMMEND APPROVAL

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Item 2 City of Stuart Recommended Consolidated Intent

REQUEST: Consideration of an application to modify an existing five-year sovereignty submerged lands management agreement to increase the preempted area from 1,093,356 square feet to 1,517,195 square feet, more or less, for a managed anchorage mooring field.

COUNTY: Martin

Management Agreement: MA-43-124

File No.: 430219306

Application No.: 43-0143979-004

APPLICANT: City of Stuart (City)

LOCATION: Section 05, Township 38 South, Range 41 East, in the South Fork St. Lucie River, Class III Waters, within the local jurisdiction of the city of Stuart

Aquatic Preserve: No

Outstanding Florida Waters: No

Designated Manatee County: Yes, without a state approved manatee protection plan, however, significant progress is being made on the plan

Manatee Aggregation Area: No

Manatee Protection Speed Zone: Yes, slow speed zone

CONSIDERATION: No fees required for management agreements pursuant to section 18-21.011, F.A.C.

STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., the attached "Consolidated Notice of Intent to Issue" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a permit, the Department of Environmental Protection (DEP) will issue the "Consolidated Notice of Intent to Issue" that will contain general and specific conditions. If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a "Consolidated Notice of Denial."

The City is proposing to expand its existing 25.1-acre anchorage mooring field within the South Fork St. Lucie River, on an open to the public, first-come, first-serve (not-for-profit) basis by preempting an additional 9.73-acres (423,839 square feet) of mooring area located adjacent to municipally-owned property and the City’s existing mooring field. The City intends to construct Phase III of the Southpoint Anchorage Field by installing 17 additional mooring sites, thereby creating a total of 86 mooring spaces. The original anchorage mooring field was permitted on October 5, 1998 by DEP, and on November 24, 1998, the Board of

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Item 2, cont.

Trustees granted authority for DEP to proceed with issuance of a management agreement for the use of 1,093,356 square feet of sovereignty submerged lands for the mooring field.

In addition to the 86 mooring spaces, the mooring field will contain anchors, cables and buoys designed for the temporary mooring of recreational vessels. The City is also using the municipally-owned upland property for amenities that include convenient sewage pumpout facilities, waste receptacles, a dinghy dock for land access, an on-site harbormaster quarters, laundry facilities, restroom and shower facilities, and a ship’s store. The City hopes that by offering these amenities, boaters will be encouraged to use the mooring field. A nominal rental fee is collected by the City from tenants of the mooring in order to cover the costs of operation of the mooring field.

The mooring field is scheduled to open in April 2001. The mooring buoys have been installed in the Phase I and II mooring areas. The harbormaster building, ship store, and dinghy dock are nearly complete, and will be ready for the formal dedication ceremony in April. The City has submitted an updated management plan which provides background information, design, operational rules and regulations, and objectives for the City’s management of the entire mooring field.

The City has hired a harbormaster to assign and authorize moorings, oversee the mooring field, and manage the upland facilities. All tenants of the field are required to enter into a rental agreement with the harbormaster within twelve hours of achieving anchorage. This rental agreement binds the tenants to the rules and regulations as provided in the management plan. The management plan does not allow for the permanent mooring of vessels. Only authorized and operational vessels, those capable of maneuvering under their own power, and those in compliance with the United States Coast Guard regulations and safety standards are allowed within the mooring field.

Upon entering the mooring field, all vessel operators are required to empty their sewage holding tanks into the sewage pumpout facility and then secure their tanks. No pumping of sewage in any area within the mooring field is allowed, except at the pumpout stations. Liveaboard vessel operators are required to empty their sewage holding tanks not less than every three days. Major repairs or refitting of vessels, including any activity that could result in a deposition of materials into the waterway or within the anchorage field is strictly prohibited.

A site inspection conducted by DEP staff, in conjunction with representatives from federal and local regulatory agencies, found the facility in compliance and no significant aquatic resources were found within the proposed project area. The proposed project is not located in an aquatic preserve. Staff is of the opinion that the proposed project is not contrary to the public interest and that this project will result in a net improvement to the environment, as well as, the safety of the boating community.

The proposed project was noticed pursuant to section 253.115, F.S., in a newspaper of general circulation, and it was specifically noticed to property owners within 500 feet of the proposed Phase III project area. One objection was received on November 9, 2000, from Attorney William E. Guy, Jr., writing on behalf of himself and three other property owners. The objection stated the proposed project would usurp the use of their riparian rights and devalue their waterfront property. On February 3, 2000, staff received a petition signed by 66 residents from a condominium located adjacent to Phase III of the anchorage field. Their petition states they are in favor of the Phase III project. The City has made several unsuccessful attempts to reach a resolution with the objecting property owners. The objectors

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Item 2, cont.

still express concerns with the project. A standard condition of all authorizations specifically stipulates that any riparian conflicts shall be adjudicated by a court of competent jurisdiction.

The DEP environmental resource permit requires sewage pumpout facilities, authorizes liveaboards, and does not allow fueling facilities. Martin County is a designated manatee county without a state approved manatee protection plan. However, the Florida Fish and Wildlife Conservation Commission (FFWCC) on November 8, 2000 stated that significant progress is being made on the plan. The FFWCC recommended on September 5, 2000, that the same conservation measures for manatees included in the other phases of the project should also be included as conditions of the new permit/authorization. The manatee recommendations from the FFWCC have been addressed in the permit. The City has also agreed to recommendations that will enhance local manatee location and identification efforts, which will be included as a specific permit condition.

Section 163.3194(3)(b), F.S., in summary, states that a local development approved or undertaken by a local government shall be consistent with the comprehensive plan if it meets all criteria of the plan and all criteria enumerated by the local government. The management agreement is consistent with the adopted plan according to a letter received on October 15, 1998, from the city of Stuart.

(See Attachment 2, Pages 1-37)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITION

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Substitute Item 3 Mobro Marine, Inc. Recommended Consolidated Intent

REQUEST: Consideration of an application for (1) modification of a ten-year sovereignty submerged lands lease to increase the preempted area from 50,382 square feet to 63,165 square feet, more or less; (2) construction of 111 linear feet of vertical bulkhead; and (3) authorization for the severance of 1,307 cubic yards of sovereign material for a commercial marina.

COUNTY: Duval

Lease No. 160003622

Application No. 16-75821-001-EI

APPLICANT: Mobro Marine, Inc.

(d/b/a Arlington Marina)

LOCATION: Section 16, Township 02 South, Range 27 East, in the St. Johns River, Class III Waters, within the local jurisdiction of the city of Jacksonville

Aquatic Preserve: No

Outstanding Florida Waters: No

Designated Manatee County: Yes, with an approved manatee protection plan

Manatee Aggregation Area: No

Manatee Protection Speed Zone: Yes, 300-foot slow speed shoreline buffer

CONSIDERATION: $8,705.95, representing (1) $5,765.20 as the initial lease fee computed at the base rate of $0.1216 per square foot, discounted 30 percent because of the first-come,

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Substitute Item 3, cont.

first-served nature of the facility, and including the initial 25 percent surcharge payment for the additional preempted area; and (2) $2,940.75 for the severance of sovereign material computed at the rate of $2.25 per cubic yard pursuant to section 18-21.011(3)(a)2, F.A.C. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted based on six percent of the gross rental income pursuant to section 18-21.011(1)(a)1, F.A.C.

STAFF REMARKS: In accordance with rules adopted pursuant to section 373.427(2) and 253.77(2), F.S., the attached "Consolidated Notice of Intent to Issue" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a permit, the Department of Environmental Protection (DEP) will issue a "Consolidated Notice of Intent to Issue" that will contain general and specific conditions. If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a "Consolidated Notice of Denial."

The lessee is proposing to construct 30 wet slips at an existing commercial dry storage marina. The existing sovereignty submerged lands lease authorizes the preemption of 50,382 square feet for the marina. The proposed addition is 12,783 square feet, for a new total preempted area of 63,165 square feet. Maintenance dredging within two areas of the existing marina basin will be conducted to minus 6.0 feet mean low water. The severed material will be taken by barge to an offsite upland area owned by the lessee. An additional 111 feet of bulkhead will be constructed along a riprap portion of the shoreline. The bulkhead will be constructed along or above the mean high water line.

A minimum of 90 percent of all the slips will be maintained on an open to the public, first-come, first-served basis, and this requirement has been included as a special lease condition. One proposed structure is located within the 25-foot setback area, and a waiver has been obtained from the City of Jacksonville, the affected adjacent upland riparian owner.

The existing 1992 lease, approved by delegation of authority, authorized the construction of two piers and only allowed for the temporary mooring of vessels launched from the dry storage. These piers were never constructed. At that time, the lessee was requesting authorization to construct 30 wet slips. However, due to concerns with potential adverse affects on manatees, and the lack of a county manatee protection plan, the request was modified to allow for temporary mooring only.

The existing marina provides dry storage for 158 recreational powerboats. The vessels are restricted by special lease conditions to a maximum length of 32 feet, a maximum draft of 3 feet, and temporary mooring only due to manatee concerns. The lessee is requesting that these conditions be revised to allow for the permanent mooring of 30 vessels with lengths of up to 40 feet. The existing marina has one 260-foot-long by 11-foot-wide floating dock that is to be removed. The facility also includes floating docks within a privately-owned open water basin that is used for temporary mooring for the dry storage boats.

In May 1997, DEP received a permit application to once again construct the 30 wet slips. The application remained incomplete due to a determination by the Department of Community Affairs (DCA) that the facility expansion would be required to undergo a development of regional impact (DRI) review. Therefore, processing of the application has been delayed pending resolution of the DRI review. Based upon modifications in the project scope, DCA

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Substitute Item 3, cont.

submitted a revised determination that the project would no longer be required to undergo a DRI review. The revised determination was contained in a February 2, 2001 letter from DCA.

In addition, DEP received a recommendation for denial on February 16, 1998, from the former DEP, Bureau of Protected Species Management, due to adverse impacts to manatees. Since that time, a Duval County Manatee Protection Plan (MPP) has been approved, and the lessee has agreed to offset the 30 wet slips by reducing the existing dry storage capacity by 30 vessels. Therefore, there will not be a net increase in the number of vessels at the facility. As such, the Florida Fish and Wildlife Conservation Commission (FFWCC), Bureau of Protected Species Management, amended the original opinion and provided revised comments and recommendations on December 28, 2000, as discussed below.

DEP’s environmental resource permit authorizes sewage pumpout and fueling facilities, but does not authorize liveaboards. Upland fueling facilities currently exist at the marina. The lessee is proposing to place fuel pumps and sewage pumpout stations on the docks.

Duval County has an approved MPP. FFWCC has stated that the project would be consistent with the MPP provided its recommendations for manatee protection are included in the approval. The recommendations of the FFWCC regarding protection of manatees have been addressed either in the permit or included as special lease conditions. There are no seagrasses or resources at the site. The project was not required to be noticed pursuant to section 253.115(5)(i), F.S.

Objections to the proposed expansion have been received from Mrs. Martha Coyle, a local resident. The objections include increased noise from larger boats, increased boat traffic due to the sewage pumpout and fueling stations, and boating safety due to the adjacent public boat ramp and commercial barge facility. The proposed 30 wet slips will be offset by a 30 unit reduction in the dry storage capacity. Therefore, there will not be a net increase in the number of vessels permanently moored or stored at the facility. The sewage pumpout and fuel stations at the waterward end of the proposed dock may result in an increase in the temporary mooring of boats requesting these services. This increase is expected to be minimal and intermittent due to the limited mooring area at the end of the dock. In addition, the proposed docks will be located within a designated 300-foot slow speed zone required by the Duval County MPP. Due to the proposed dock configuration, vessels will enter or leave the facility perpendicular to the existing shoreline and a special lease condition prohibits mooring on the southern and northern sides of the marina. Therefore, boating safety concerns relating to the existing public boat ramp should be minimal.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the DCA determined that the plan was not in compliance. In accordance with the compliance agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan, as amended, according to a letter received from the city of Jacksonville on August 11, 1997.

(See Attachment 3, Pages 1-43)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $8,705.95

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Agenda – March 29, 2001

Substitute Page Six

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Substitute Item 4 Cabot Properties, Inc. Recommended Consolidated Intent

REQUEST: Consideration of an application for a modification of a ten-year sovereignty submerged lands lease to increase the preempted area from 59,665 square feet to 117,797 square feet, more or less, for a proposed expansion of an existing commercial marina.

COUNTY: Monroe

Lease No. 441104285

Application No. 44-0128498-001

APPLICANT: Cabot Properties, Inc.

d/b/a Marathon Marina

LOCATION: Section 17, Township 66 South, Range 32 East, in Boot Key Harbor, Class III Waters, within the local jurisdiction of the city of Marathon

Aquatic Preserve: No

Outstanding Florida Waters: Yes

Designated Manatee County: No

Manatee Aggregation Area: No

Manatee Protection Speed Zone: No

CONSIDERATION: $11,794.10 as the initial lease fee computed at the base rate of $0.1216 per square foot, discounted 30 percent because of the first-come, first-serve nature of the facility, and including the 25 percent surcharge payment for the additional area. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted based on six percent of the gross rental income, pursuant to section 18-21.011(1)(a)1, F.A.C. Fees may be revised upon receipt of an acceptable survey.

STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., the attached "Consolidated Notice of Intent to Issue" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a permit, the Department of Environmental Protection (DEP) will issue a "Consolidated Notice of Intent to Issue" that will contain general and specific conditions. If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a "Consolidated Notice of Denial."

The lessee is proposing to expand an existing 97-slip commercial marina to 114 slips. There are 41 existing slips on sovereignty submerged lands, shown on the survey as lease areas A, B and C. The remaining 56 slips are located on privately-owned submerged lands. The proposed expansion, shown on the survey as lease area D, will increase the number of slips on sovereignty submerged lands to 58 and will increase the preempted area by 58,132 square feet, for a new total lease area of 117,797 square feet. Vessels using this facility include recreational craft ranging from approximately 25 to 70 feet in length, and commercial charter vessels.

Ninety percent of all the slips will be maintained on an open to the public, first-come, first-served basis, and this requirement has been included as a special lease condition.

The initial sovereignty submerged lands lease was approved by the Board of Trustees on April 25, 1989. The Board of Trustees’ approval authorized an existing commercial marina in

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Substitute Item 4, cont.

conjunction with an upland restaurant, seafood house to Marathon Seafoods, Inc., and contained 41,442 square feet. A lease was never issued to Marathon Seafoods, due to delays in the applicant providing an acceptable survey. On April 25, 1994, DEP issued a lease, pursuant to a delegation of authority, to the current upland property owner, Cabot Properties, Inc. The lease area recalculated to a total 59,665 square feet as a result of submittal of an acceptable survey. On November 7, 1994, DEP issued a consent of use to Cabot Properties, Inc. (d/b/a Marathon Marina), to realign some of slips at the marina. DEP renewed the sovereignty submerged lands lease on April 25, 1999, pursuant to a delegation of authority.

The portion of the existing docking facility on sovereignty submerged lands includes 16 finger piers on the west dock (lease areas A and C) and four finger piers on the east dock (lease area B). Proposed construction on sovereignty submerged lands will include: one 430-foot-long extension of the main pier, varying in width from 10 feet to 20 feet; one 120-foot-long by 14-foot-wide terminal "T" at the end of the main pier; seven 50-foot-long by 3-foot-wide finger piers and five 40-foot-long by 3-foot-wide finger piers located along the main pier extension.

In May 1994, the lessee submitted an application (No. 442510495) for a wetland resource permit (WRP) to expand the existing marina. During the application review process, the lessee requested that DEP process the WRP application as an environmental resource permit (ERP) application (file no. 44-0128498-001), pursuant to section 343.427, F.S. The application remained incomplete until February 5, 2001.

The existing lease authorizes sewage pumpout facilities and liveaboards, but does not allow fueling facilities on sovereignty submerged lands. The marina currently has fueling facilities (gasoline and diesel) located on the lessee’s upland property adjacent to a privately-owned basin. The lessee’s application includes a proposal to install over-water fueling dispensers (gasoline and diesel) on sovereignty submerged lands. Upon installation of the proposed fueling dispensers, the existing four fueling dispensers (two gasoline and two diesel), on the uplands near the ships store, which service vessels in the basin will no longer be used for fueling vessels, although the gasoline dispensers will remain to fuel the lessee’s fork lift, travel lift and marina service vehicles. This is addressed as a specific condition in the ERP. Section 62-312.430(2), F.A.C., states that fuel storage or pumping facilities shall not be located on over-water structures within Outstanding Florida Waters. However, pursuant to section 403.201(1)(c), F.S., DEP issued an Intent To Grant Variance (file no. 44-0128498-002) to relieve the lessee from this regulatory rule prohibition. The lessee has demonstrated a hardship and has agreed to conditions that provide assurances that water quality will not be degraded as a result of the over-water fueling facilities, identified in the attached Intent To Grant Variance. As public interest for granting the variance, the lessee has agreed to install a wastewater treatment plant capable of treating 25,000 gallons per day to best available technology treatment requirements for removal of nutrients and more stringent levels of treatment for carbonaceous biochemical oxygen demand and total suspended solids.

Staff recommends approval of fueling facilities within the lease area, prohibition of liveaboard vessels from mooring within the expanded lease area "D", and installation of permanent fixed sewage pumpout facilities at all slips at the marina. The sewage pump-out facilities will be available to the general public on a first come, first served basis. This has been addressed as a special lease condition.

As public interest for the regulatory authorization, the lessee has agreed to: (1) abandon 11 existing septic tanks and one holding tank on the lessee’s property and have the facilities that are serviced by these septic and holding tanks properly connected to the wastewater treatment plant; (2) maintain a pump out logbook for all sewage pumpout stations; (3) install five buoys

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Substitute Item 4, cont.

marking the edge of the shallow seagrass area adjacent to the marina; (4) provide dockage for vessels from the Marine Spill Response Corporation (MSRC), an oil spill response organization chartered to respond to major oil spills in U.S. tidal waters; and (5) install two educational signs at the marina describing the importance of coral reefs and seagrasses.

Recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) have been addressed in the permit and in the existing lease as a special lease condition. The project was not required to be noticed, pursuant to section 253.115 (5)(i), F.S.

No Local Government Comprehensive Plan has been adopted for the project area, pursuant to section 163.3167, F.S.

(See Attachment 4, Pages 1-37)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITION, SPECIAL LEASE CONDITIONS, AND PAYMENT OF $11,794.10

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Substitute Item 5 City of Naples/Naples Community Sailing Center, Inc./ Recommended Consolidated Intent

REQUEST: Affirmation that a proposed public sailing school is consistent with an existing dedication; and (2) authorization for the severance of 500 cubic yards of sovereign material within the dedication.

COUNTY: Collier

Dedication No. 23096

ERP File No. 11-0171118-001

APPLICANTS: City of Naples (City) and Naples Community Sailing Center, Inc.

LOCATION: Section 10, Township 50 South, Range 25 East, in Naples Bay, Class II Waters, within the local jurisdiction of the city of Naples

Aquatic Preserve: No

Outstanding Florida Waters: No

Designated Manatee County: Yes, with an approved manatee protection plan

Manatee Aggregation Area: No

Manatee Protection Speed Zone: Yes

CONSIDERATION: No fee is required for the structures/activities within the dedication. The project qualifies for a waiver of the severence fee, pursuant to section 18-21.011(3)(c)1, F.A.C.

STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., the attached "Consolidated Notice of Intent to Issue" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use

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Substitute Item 5, cont.

sovereignty submerged lands and the activity also qualifies for a permit, the Department of Environmental Protection (DEP) will issue a "Consolidated Notice of Intent to Issue" that will contain general and specific conditions. If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a "Consolidated Notice of Denial."

The applicants propose to construct a three-slip docking facility with access ramps within an area of sovereignty submerged lands originally dedicated by the Board of Trustees for street and other public municipal purposes. The docking facility is to be used for a youth sailing school, involving children as young as eight years old. The facility will entail construction of a 5,302-square-foot "U" shaped, floating dock-type structure designed with a detachable side to swing out and provide access to an interior slip for mooring a large vessel that will be used as a youth classroom. The other two slips will be located along the northwest side of the facility and will be used for small tending vessels. The proposed dock will support staging, launching, and retrieval of small non-fixed keel sailboats. The small sailing fleet will be stored on the floating docks with two motorized tending vessels moored in the water. The school, operated by Naples Community Sailing Center, Inc. (a Florida non-profit corporation), will train four classes of youth racers and will sponsor regattas for youth and adults. Adults may also take advantage of "learning-to-sail" or advanced programs to increase boat handling proficiency, learn about racing, cruising, and passage making.

The school presently operates out of a city park. The park supports a boat ramp with an accessory dock. The resulting boat traffic generated by the boat ramp is a hazard to the participating children. In order to eliminate the hazard, the City and the Naples Community Sailing Center, Inc., have selected the proposed site. The proposed location offers similar access to the students, and significantly reduces the potential for collision associated with boat ramp activity.

On May 22, 1962, the Board of Trustees approved a sovereignty submerged lands dedication (No. 23096) containing 2.25 acres, more or less, for street and other public municipal purpose, under the supervision and management of the City. DEP is of the opinion that the proposed project is consistent with the intent of the dedication.

The applicants also propose to create a net improvement to water quality by dredging 500 cubic yards of carbon-enriched sovereign material from an adjacent basin within the dedication. There are no seagrasses within the dredge area. Since the material will be placed on public property and it will be used for a public purpose, pursuant to section 18-21.011(3)(c)1, F.A.C., the project qualifies for a waiver of the severance fee. The "Consolidated Notice of Intent to Issue" contains specific conditions to address concerns, such as protection of water quality, water quality improvements, and protection of endangered species.

The proposed project will be located within the 25-foot setback on the south side of the dedication boundary. A waiver from the adjacent property owner for the encroachment into the setback is required, and has been included as a special approval condition.

The DEP environmental resource permit requires sewage pumpout facilities, and prohibits liveaboards and fueling facilities. Recommendations from the Florida Fish and Wildlife Conservation Commission regarding protection of manatees have been addressed in the permit.

The project was not required to be noticed, pursuant to section 253.115, F.S.

A local government comprehensive plan has been adopted for this area pursuant to section

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Substitute Item 5, cont.

163.3167, F.S.; the proposed action is consistent with the adopted plan as amended according to a letter received from the city of Naples.

(See Attachment 5, Pages 1-36)

RECOMMEND DEFERRAL TO THE APRIL 24, 2001 CABINET MEETING

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2^nd Substitute Item 6 Springs Protection Policy/Direction to Initiate Rulemaking to Amend Chapter 18-21, F.A.C.

REQUEST: Consideration of (1) a policy regarding additional protection of sovereignty springs in Florida; and (2) direction to staff to initiate rulemaking to amend chapter 18-21, F.A.C., regarding fees for structures and water-dependent, revenue-generating/income-related activities at these springs.

APPLICANT: Department of Environmental Protection (DEP)

LOCATION: Statewide

STAFF REMARKS: DEP is requesting that the Board of Trustees consider a Springs Protection Policy regarding:

1. Measures to protect, enhance, and restore environmental quality at sovereignty springs; and

Amendment of chapter 18-21, F.A.C., regarding assessment of lease fees for water-dependent, revenue-generating/income-related structures and activities at sovereignty springs.

Pursuant to Section 253.001, F.S., all lands, including submerged lands, held in the name of the Board of Trustees are to be held in trust for the use and benefit of the people of the state. This is to be accomplished by conserving and protecting the state’s natural resources, including the scenic beauty of those resources. Conserving and protecting the natural resources on or over submerged lands requires the Board of Trustees to consider and balance a wide variety of public uses (e.g., navigation, fishing, and recreation) against sometimes-conflicting private uses on riparian private property. The Board of Trustees has adopted rules (Chapters 18-18, 18-20, and 18-21, F.A.C.) establishing the criteria for authorizing structures and activities on sovereignty submerged lands. The criteria contained in the Board of Trustees’ rules were adopted for the purpose of balancing public uses against private uses; however, no specific criteria have been adopted for activities and structures at Florida’s sovereignty springs.

Florida’s springs have long been recognized as a unique public trust resource from which riparian private property owners may also benefit, provided such benefit is not detrimental to the public trust resources. Considering this need to balance competing public and private uses at sovereignty springs, DEP staff has determined that the Board of Trustees should consider a policy including specific measures to ensure conservation and protection of sovereignty springs and fees for water dependent revenue generating/income related structures and activities at sovereignty springs.

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2^nd Substitute Item 6, cont.

Development of this proposed policy was further prompted by the Springs Initiative contained in Governor Jeb Bush’s 2001 recommended state budget, and because of a request from an individual for authorization to place a structure on sovereignty submerged lands at a sovereignty spring (Becton Springs) in Washington County.

Background

The Springs Initiative contained in Governor Bush's recommended 2001 budget includes the appropriation of $2,535,000 to DEP for the protection and restoration of springs. The proposed funding is specifically recommended to provide for additional water quality monitoring and scientific information, and for the development and implementation of protective measures at springs.

The impetus for the Springs Initiative is the final report and recommendations of the Florida Springs Task Force (Task Force) created by DEP Secretary David Struhs. The Task Force consisted of sixteen representatives from federal, state, and regional agencies, universities, and the private sector, and was created to review environmental, social, and economic issues associated with Florida’s springs, and to recommend strategies for the protection, enhancement, preservation, and restoration of Florida’s springs. The Task Force met monthly from September 1999 to September 2000, and recently produced a final report, containing strategies and action steps for public outreach, scientific monitoring, management, regulation, and funding of these initiatives.

Mr. Harold Vickers, the upland riparian owner at Becton Springs, proposes to place a water diversion structure on sovereignty submerged lands adjacent to the spring. Mr. Vickers does not propose to construct any structures on sovereignty submerged lands associated with water-dependent, revenue-generating/income-related activities (e.g., docks or platforms for swimming or scuba diving) at this time; however, he currently has a revenue-generating/income-related facility associated with water-dependent activities at nearby Cypress Springs. The recommended authorization for Mr. Vickers’ project at Becton Springs includes the requirement that, should he wish to engage in water-dependent, revenue-generating/income-related activities at Becton Springs in the future, the authorization from the Board of Trustees would be modified to be made consistent with the Board of Trustees’ rules regarding such activities on sovereignty submerged lands, and policies adopted by the Board of Trustees for the protection of springs.

Normally, authorization to use the sovereignty submerged lands in accordance with Mr. Vickers’ request can be approved by DEP staff; however, Mr. Vickers’ proposed project has become locally controversial, necessitating Board of Trustees’ consideration. Considering Mr. Vickers’ proposed project, together with the Task Force’s report and the Springs Initiative, DEP staff has determined that additional guidance from the Board of Trustees is needed regarding the management, protection, and fees for water-dependent, revenue-generating/income-related activities at sovereignty springs.

Measures for the Protection of Sovereignty Springs

In November 2000, the Task Force produced a final report containing strategies for public outreach, information, management, regulation, and recommendations for funding the strategies to ensure the protection and restoration of Florida’s sovereignty springs. To implement the strategies outlined in the Task Force’s report, a number of individual action steps were developed. The Task Force envisioned that many of these action steps would involve cooperative efforts between public agencies and private entities.

Board of Trustees

Agenda – March 29, 2001

2^nd Substitute Page Twelve

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2^nd Substitute Item 6, cont.

For those activities at sovereignty springs for which authorization is needed, DEP staff has determined that some incremental environmental benefits consistent with the Task Force’s recommendations can be achieved by working collaboratively with the riparian land owners to protect the environmental quality of the springs and spring runs. To that end, DEP staff has developed the following criteria to be considered when reviewing requests for authorization to place structures or approve activities at sovereignty springs:

Whether the activity for which authorization is sought will involve the deposition of sand within or adjacent to the spring or spring run. The deposition of sand within or on slopes adjacent to springs is likely to create an adverse environmental impact;

Whether the activity for which authorization is sought may lead to the removal or trampling of upland vegetation by humans or livestock causing shoreline erosion, sedimentation, or turbidity on slopes draining into the spring and spring run. An upland management plan should be developed by the riparian land owner that minimizes impacts to vegetation surrounding the spring and spring run;

Whether the activity for which authorization is sought will involve the removal or control of native aquatic plants within the spring or spring run. Healthy native aquatic vegetation is essential to the health and viability of springs and spring runs. Removal or damage from trampling or boat propellers of native aquatic vegetation within the spring or spring run is discouraged;

Whether the activity will involve proposed modifications of the spring vents or other internal physical features of the spring that would adversely affect the spring and spring run;

Whether the upland riparian land owner seeking authorization has a management plan in place that includes eliminating the application of fertilizers, pesticides, or other products

that may degrade water quality within the spring or spring run. Such activities are discouraged on slopes draining into or within 100 yards of the spring and spring run;

Whether the activity for which authorization is sought may lead to requests for withdrawals of water from the spring vent or nearby caves resulting in an unacceptable reduction in the volume of discharge from the spring; and

Whether the activity for which authorization is sought may lead to the installation of septic tanks or other wastewater facilities (including drainfields) on slopes draining into or within 100 yards of the spring and spring run.

It is anticipated that special conditions consistent with the above criteria to ensure the protection of sovereignty springs will be included, as appropriate, in authorizations for activities at sovereignty springs issued by the Board of Trustees or, when delegated, by DEP.

In addition to the above criteria, DEP staff will also work collaboratively with the adjacent property owners in the planning and implementation of projects developed for the protection, enhancement, preservation, and restoration of the spring and spring run and in the development and implementation of educational programs for visitors and customers regarding the environmental and economic value of springs, and the avoidance of adverse impacts to springs and spring runs.

Board of Trustees

Agenda – March 29, 2001

3^rd Substitute Page Thirteen

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2^nd Substitute Item 6, cont.

Fees for Revenue Generating/Income Related Activities

Section 253.03(7), F.S., empowers the Board of Trustees to administer all state-owned lands and to adopt administrative rules to implement the provisions of the statute. Section 18-21.004(1)(c), F.A.C., provides that "equitable compensation shall be required for leases and easements which generate revenues, monies or profits for the user or that limit or preempt general public use." Section 18-21.005(1)(b)2, F.A.C., specifies that a lease is required for revenue generating/income related activities. Section 18-21.011(1)(b)6, F.A.C., allows DEP to negotiate an annual lease fee for non-water dependent uses by considering the market value

of the riparian uplands and the enhanced property value, benefits, or profits gained by the owner; however, there is no such rule for negotiating lease fees for water-dependent uses.

PROPOSAL

(1) Direction to staff to consider the criteria listed above and include appropriate conditions with authorizations for activities at springs.

Direction to staff to initiate rulemaking to modify how lease fees are determined for revenue generating/income related activities at sovereignty springs. Currently, section 18-21.011, F.A.C., requires a lease with lease fees assessed at the greater of the minimum annual lease fee, or the per square foot lease rate. Staff should consider modifying the fee to include the greater of either a certain percentage of the revenues generated (as required for marinas), or a formula based on the upland property value and profits gained by the owner.

If approved, staff will publish a notice of proposed rule development regarding amending the assessment of lease fees, which will include an opportunity for public comment and workshop. Additionally, staff will continue to look for and consider alternative or additional methods for protecting, enhancing, preserving, and restoring the springs of Florida.

RECOMMEND DEFERRAL TO THE MAY 15, 2001 CABINET MEETING

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3^rd Substitute Item 7 Becton Springs Consent of Use

DEFERRED FROM THE FEBRUARY 6, 2001 AGENDA

DEFERRED FROM THE MARCH 13, 2001 AGENDA

REQUEST: Consideration of an application for a sovereignty submerged lands consent of use containing approximately 37.5 square feet, more or less, for a proposed wooden slat stream diversion structure.

COUNTY: Washington

Application No. 67-0148551-001-DF

APPLICANT: Harold W. & Linda Creamer Vickers and Rueben A. & Lorrie A. Laurel

a/k/a Becton Springs

LOCATION: Section 24, Township 03 North, Range 15 West, in Becton Springs, Class III Waters, near the town of Bonifay, within the local jurisdiction of Washington County

Aquatic Preserve: No

Board of Trustees

Agenda – March 29, 2001

3^rd Substitute Page Fourteen

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3^rd Substitute Item 7, cont.

Outstanding Florida Waters: No

Designated Manatee County: No

Manatee Aggregation Area: No

Manatee Protection Speed Zone: No

CONSIDERATION: No payment is required.

STAFF REMARKS: The applicant is proposing to construct a 410-foot-long by 0.75-foot-wide wooden slat diversion structure, approximately 50 feet of which is located on sovereignty submerged lands, and excavate a 120-foot-long by 25-foot-wide by –1-foot-deep stream by-pass channel, not on sovereign submerged lands, adjacent to Becton Springs. The project is located in central Washington County, south of Interstate 10 on State Road 79, south of Bonifay. Currently, Becton Springs and Holmes Creek are connected via a secondary flowway which carries turbid water, sediments, tannins and other organics into the spring area, resulting in diminished water clarity. The diversion structure and by-pass channel are proposed to prevent debris and turbid water from Holmes Creek from entering the springhead area during periods of high water flow. Diversion of the secondary stream into the proposed by-pass channel will not reduce the flow of water into Becton Springs, nor is it expected to impede navigation, and has been designed to allow access by the same-sized boats that may use the existing stream channel. Prior to the commencement of any water-dependent, revenue- generating/income-related activities at Becton Springs, the applicant shall obtain authorization in the form of a lease from the Board of Trustees or Department of Environmental Protection (DEP) staff, as delegated by rule.

DEP issued an Intent to Issue and a Draft Permit on December 21, 1999, to construct the 410-foot-long by 0.75-foot-wide wooden slat diversion structure, and to excavate a 120-foot-long by 25-foot-wide by –1-foot-deep stream by-pass channel. The springhead, stream, and Holmes Creek are considered to be sovereignty submerged lands. The by-pass will not be located on sovereignty submerged lands.

DEP has received letters of opposition from the public and the Washington County Board of County Commissioners. Their concerns include: blocking of public access, flooding of private property, shoaling and erosion within Holmes Creek, water quality impacts, the stability of the structure, and impacts to the wetlands. The Washington County Board of County Commissioners has petitioned for an administrative hearing for both the water diversion structure and the by-pass channel, citing all of the above referenced reasons. Litigation is still pending on the administrative hearing.

The project has been reviewed by DEP’s hydrographic section and Washington County’s concerns were addressed in that review. The flowway that the diversion structure is proposed to cross acts as a floodplain and is located off the main channel of the creek. Therefore, DEP is not concerned that the structure will cause any upstream flooding, erosion or shoaling. The hydrographic section has expressed concern that the structure may potentially fail during flood stages of the creek. The permit has addressed these concerns by adding a special condition that if the diversion structure is damaged by flooding, debris or other events, DEP shall be contacted within 48 hours of the event, and the cause of failure shall be determined. DEP shall also determine if the structure can be rebuilt or if design changes are necessary.

Several individual homeowners and the Bay County Audubon Society have also expressed concerns about the project blocking public access to the springhead. A special permit condition has also been added which prohibits the applicant from constructing any additional

Board of Trustees

Agenda – March 29, 2001

2^nd Substitute Additional Page Fourteen-A

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3^rd Substitute Item 7, cont.

structures, which would impede public access to the springhead. The springhead will be accessible via the southerly outflow from the springhead.

The project was not required to be noticed, as the project is for a consent of use.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S. The Department of Community Affairs determined that the plan is in compliance. The proposed action is consistent with the adopted plan according to a letter received from Washington County.

The applicant currently has a revenue-generating/income-related facility associated with water-dependent activities at nearby Cypress Springs. The structures and associated activities include (1) a 16-foot-long by 16-foot-wide submerged platform associated with scuba diving; (2) a pedestrian bridge, a portion of which extends over sovereignty submerged lands; (3) canoeing; (4) swimming. The structures located on sovereignty submerged lands and associated with upland, revenue-generating/income-related activities are not currently under lease. DEP will require that these structures be authorized through a lease from the Board of Trustees or DEP staff, as delegated by rule. This authorization shall be consistent with the Board of Trustees’ rules regarding such activities on sovereignty submerged lands and policies adopted by the Board of Trustees for the protection of springs.

(See Attachment 7, Pages 1-7)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL CONSENT OF USE CONDITIONS

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Item 8 Vesley Estate Purchase Agreement/Homosassa Springs Wildlife State Park

REQUEST: Consideration of (1) a purchase agreement to acquire 12.9 acres within the Homosassa Springs Wildlife State Park, Division of Recreation and Parks’ Additions and Inholdings project from Michael T. Kovach, Sr., as representative of the Donald R. Vesley estate; and (2) a waiver, pursuant to section 259.041(1), F.S., of the requirement for conveyance by no less than special warranty deed to allow representative of decedent’s estate to convey by personal representative’s deed.

COUNTY: Citrus

LOCATION: Section 27, Township 19 South, Range 17 East

(AGENDA CONTINUED ON NEXT PAGE)

Board of Trustees

Agenda – March 29, 2001

Additional Page Fourteen-B

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Item 8, cont.

CONSIDERATION: $425,000

* Acquired in 1995 as a result of interrelated exchanges and litigation.

(AGENDA CONTINUED ON NEXT PAGE)

Board of Trustees

Agenda – March 29, 2001

Page Fifteen

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Item 8, cont.

STAFF REMARKS: The Homosassa Springs Wildlife State Park project has been identified on the Division of Recreation and Parks’ Additions and Inholdings List. This agreement was negotiated by the Division of State Lands on behalf of the Division of Recreation and Parks (DRP) under the State Parks’ Additions and Inholdings Preservation 2000 program.

All mortgages and liens will be satisfied at the time of closing. The property is improved with a vacant commercial building that was given no value by the appraiser. DRP, the future managing agency, does not have a use for the building and will have it torn down. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing.

A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

After approval by the Board of Trustees, the contract is subject to approval by the probate court authorizing the sale of the property and consummation of the transaction. Paragraph 2 of the contract referenced a deposit of $100, and was purposely omitted by the seller. As is common with knowledgeable persons dealing with real property in a representative capacity, such as personal representatives and trustees, the seller/personal representative was unwilling to provide warranties of title. Consequently, the negotiation process resulted in an agreement, subject to the Board of Trustees’ approval, to convey title by personal representative’s deed. A personal representative’s deed is a form of conveyance that grants and conveys all of the interest the decedent had in the property, but contains no warranties of title. A personal representative’s deed is most analogous to a fee simple deed, and is "better" than a mere quitclaim deed.

Homosassa Springs Wildlife State Park, a showcase for Florida wildlife, offers visitors a rare opportunity to observe native animals, birds and plants in their natural setting. The park serves as a rehabilitation center and refuge for endangered West Indian Manatees that have been orphaned or injured in the wild and also for manatees that have been born in captivity. The natural spring environment allows them an opportunity to re-acclimate themselves to a more natural environment before they are returned to the wild. Educational programs are offered daily in the park.

The property being acquired consists mostly of wetlands, which intermingle with the adjacent wetlands of the park. Additionally, the current entrance to the park is adjacent to US 19, at a location with no turn lane and no traffic light. The property being acquired is located at a lighted intersection, and would serve to provide a new park entrance that would resolve public safety issues, thereby improving access to the park.

The property will be managed by DRP as an addition to the Homosassa Springs Wildlife State Park.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 8, Pages 1-17)

RECOMMEND APPROVAL

Board of Trustees

Agenda – March 29, 2001

Page Sixteen

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Item 9 TNC Assignment of Option Agreement (St. Joe Timberland Company)/St. Joe Timberland CARL Project

REQUEST:  Consideration of the acceptance of an assignment of option agreement to acquire 10,616.10 acres within the St. Joe Timberland CARL project from The Nature Conservancy, Inc.

COUNTY:  Taylor

LOCATION:  Sections 07, 08, 15 through 23, and 26 through 36, Township 04 South, Range 04 East; Sections 05, 06, and 08, Township 05 South, Range 04 East

CONSIDERATION:  $10,125,080 ($10,025,080 for the acquisition; $100,000 for the purchase of the option agreement)

* The seller has owned the property since 1985.

STAFF REMARKS: The St. Joe Timberland CARL project is ranked number 7 on the CARL Priority Project List as it appears on the 2000 Interim Report approved by the Board of Trustees on October 24, 2000, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 56,288 acres, of which 8,840.9 have been acquired by the Board of Trustees. After the Board of Trustees approves this agreement, 36,831 acres or 65 percent of the St. Joe Timberland CARL project will remain to be acquired. Also after approval of this agreement, 2,577 acres or seven percent of the Wacissa/Aucilla River Sinks CARL project, of which these St. Joe Timberland CARL project acres are a part, will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between DSL and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase the parcel from St. Joe Timberland Company of Delaware L.L.C. (St. Joe Company). After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $100,000, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL-approved value of the property.

All mortgages and liens will be satisfied at the time of closing. Preliminary title work revealed that outstanding oil, gas and mineral rights, in favor of various parties and reserved in 1948, exist on approximately 551.2 acres of the property. There are also two easements (0.8-acre and 0.2-acre) that allow access to the Aucilla River to two residents in proximity to the property, and a Florida Power right-of-way crosses the property. The appraisers have determined that the easements, right-of-way and oil, gas and mineral reservations do not have a negative impact on the value of the property. A timber-cutting contract between the seller and Sunshine State Cypress, Inc., will be terminated prior to closing. The seller warrants that no timber has been cut since June 30, 2000, and that no timber will be cut during the term of this agreement. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most

Board of Trustees

Agenda – March 29, 2001

Page Seventeen

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Item 9, cont.

appropriate resolution for these and any other title or management issues that arise prior to closing.

A title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the seller prior to closing. The purchaser shall provide a survey of the property.

The St. Joe Company is one of the largest landowners in Florida. Public acquisition of the St. Joe Timberlands project will consolidate the St. Joe Company ownerships already included in other CARL projects, thus helping to preserve large undeveloped tracts of land for native plants and animals and giving the public an opportunity to experience large natural areas throughout north Florida.

This property will be managed by the Florida Fish and Wildlife Conservation Commission as a wildlife management area, providing the public opportunities for canoeing, swimming, fishing, hunting and nature appreciation.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 9, Pages 1-53)

RECOMMEND APPROVAL

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Item 10 Chapter 18-24, F.A.C. Rule Adoption/Florida Forever Program

DEFERRED FROM THE MARCH 13, 2001 AGENDA

REQUEST:  Adoption of a rule guiding the project selection proceedings for the Florida Forever Program, chapter 18-24, F.A.C.

COUNTY:  Statewide

APPLICANT: Division of State Lands, Department of Environmental Protection (DEP)

STAFF REMARKS: This rule chapter is promulgated in recognition of the legislative intent expressed in subsection 259.105(2), F.S. The rule sets forth the procedures for the evaluation and selection of lands proposed for public acquisition, restoration, and capital improvements under the new Florida Forever Act. The proposed new rule chapter governing the Florida Forever program, chapter 18-24, F.A.C., will guide the expenditures of 35 percent of the Florida Forever Trust Fund allocated to DEP pursuant to subsection 259.105(3)(b), F.S., and will provide more accountability by using Florida Forever goals and measures to evaluate proposals. The new rule will also provide guidance regarding restoration and capital improvement projects that are allowed under the Florida Forever program, and will allow for a more timely response to owners wishing to have property added to the acquisition list.

The Notice of Rule Development was published in the January 26, 2001 issue of the Florida Administrative Weekly, and a public hearing was conducted by the Acquisition and Restoration

Board of Trustees

Agenda – March 29, 2001

Page Eighteen

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Item 10, cont.

Council (Council) on February 12, 2001. The proposed rule chapter was approved by the Council at its March 9, 2001 meeting.

(See Attachment 10, Pages 1-11)

RECOMMEND APPROVAL

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