AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

APRIL 24, 2001

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Item 1 Minutes

Submittal of the Minutes from the March 13, 2001 Cabinet Meeting.

(See Attachment 1, Pages 1-23, to be submitted separately.)

RECOMMEND APPROVAL

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Item 2 City of Naples/Naples Community Sailing Center, Inc. Recommended Consolidated Intent

DEFERRED FROM THE MARCH 29, 2001 AGENDA

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 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

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Agenda – April 24, 2001

Page Two

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Item 2, cont.

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 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.

RECOMMEND WITHDRAWAL

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Board of Trustees

Agenda – April 24, 2001

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Item 3 Final Supplemental Environmental Site Assessment/Final Supplemental Management Plan/Tortugas Ecological Reserve

REQUEST: Approval of the Final Supplemental Environmental Impact Statement and Management Plan for the Tortugas Ecological Reserve.

COUNTY: Monroe

APPLICANTS: U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) and Florida Department of Environmental Protection.

STAFF REMARKS: The Board of Trustees approved the final management plan for the Florida Keys National Marine Sanctuary on January 28, 1997. The regulations for the plan became effective on July 1, 1997, following the federal government’s requirement of public notice. The final management plan establishes one ecological reserve in the Western Sambos. Ecological reserves are sanctuary zones that encompass areas of contiguous, diverse habitats, within which uses are subject to conditions and prohibitions, including public use restrictions. These areas are designed to minimize human influences. They provide natural spawning, nursery, and permanent residential areas for the replenishment and genetic protection of marine life, and protect and preserve natural assemblages of habitats and species within areas representing the full range of diversity of resources and habitats found throughout the sanctuary. The management plan contains a provision that committed NOAA to determine the boundaries, and identify the effective date for final regulations of a second ecological reserve in the Dry Tortugas within two years of the implementation of the management plan.

A process was initiated to address this requirement by NOAA in April of 1998 by the establishment of an ad hoc committee composed of 25 representatives of the involved government entities and user groups. This working group reached consensus on a proposal to protect two significant coral reef areas, known as Sherwood Forest and Riley’s Hump, and to establish an ecological reserve of approximately 151 square nautical miles in two separate surrounding areas called Tortugas North and Tortugas South. Tortugas North is a 91-square nautical-mile area of which 77.2 square nautical miles are within territorial waters of the State of Florida.

The Florida Fish and Wildlife Conservation Commission approved the regulations prohibiting the taking of fishes in this area on March 29, 2001, for implementation on July 1, 2001.

Adoption of the other regulations for protecting this segment requires Board of Trustees’ approval. Those regulations are: prohibition of taking all marine life; restriction of vessel discharges to cooling water and engine exhaust; prohibition of anchoring; and prohibition of the use of mooring buoys by vessels more than 100 feet in combined length. The regulations will allow diving and snorkeling, but will require visitors to obtain a simple, no-cost, phone-in permit to ensure that all vessels have access to mooring buoys, to ease enforcement and to assist in monitoring visitor impacts.

(Backup materials for this item to be submitted separately.)

RECOMMEND APPROVAL

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Board of Trustees

Agenda – April 24, 2001

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Item 4 Wald Acquisition Agreement/East Everglades CARL Project

REQUEST: Consideration of authorization to acquire a 100 percent interest in 18.41 acres (120 lots) within the East Everglades CARL project from Morton L. Wald.

COUNTY: Miami-Dade

LOCATION: Section 17, Township 54 South, Range 39 East

CONSIDERATION: $816,000

STAFF REMARKS: The East Everglades CARL project is ranked number 4 on the CARL Mega/Multiparcel Project List, as the list appears in the 2000 Interim CARL Report approved by the Board of Trustees on October 24, 2000, and is funded under the Division of State Lands’ Land Acquisition Workplan. The area known as the East Coast Buffer covers 59,088 acres. Of this, 2,189 acres will be protected by mitigation and 33,817 acres are of a lower priority, including land owned by local governments and acres that may not need to be acquired. Of the remaining 23,082 acres proposed for acquisition, 18,415.10 acres have been acquired. After the Board of Trustees approves this acquisition, 4,648.49 acres, or 20 percent of the area, will remain to be acquired.

The East Coast Buffer consists of approximately 59,088 acres of marshes, reservoirs, and groundwater recharge areas in Palm Beach, Broward and Miami-Dade counties. However, the most significant aspect of the East Coast Buffer is its role in restoring the Everglades. In 1992, Congress authorized the U.S. Army Corps of Engineers (COE) to conduct a restudy of the Central and Southern Florida Project. The reconnaissance report for this restudy was completed in 1994 and COE incorporated the East Coast Buffer into its analysis, referring to the area as the "Water Preserve Areas." The Final Restudy Report and Programmatic Environmental Impact Statement for the restudy were released on April 7, 1999, for final public review and comment. The report received a favorable review by the Department of Environmental Protection (DEP) and other agencies and was submitted to Congress on July 1, 1999, under the title of the Comprehensive Everglades Restoration Plan (CERP). Congress authorized the CERP, as part of the Water Resource Development Act of 2000, to provide the framework for Everglades restoration. Further detailed study of the Water Preserve Area project component has been authorized by Congress, and a final detailed plan will be prepared by September 2001.

The purpose of the East Coast Buffer/Water Preserve Areas is to: (1) increase storage and hold more water in the system by controlling seepage from the Everglades, thus restoring more natural Everglades hydropatterns; (2) capture and store excess stormwater currently discharged to coastal waters, thus retaining an important water supply source for both urban and natural systems; (3) provide a buffer between natural and developed areas; (4) preserve and protect wetlands outside the publicly-owned Everglades; and (5) provide important transitional land uses between the natural and developed areas. East Coast Buffer/Water Preserve Areas may also enhance flood control in areas to the east of these lands. The East Coast Buffer lands are under intense development pressure in all counties. Therefore, immediate public acquisition is needed to preserve and enhance wetlands and to preserve opportunities for the restoration of the Everglades ecosystem.

To implement this restoration, during the last decade, the South Florida Water Management District (District) has acquired over 16,000 acres at a cost of $119,000,000. In anticipation of the Board of Trustees’ participation in this effort, the East Coast Buffer was added to the East Everglades CARL project on March 15, 1996. District funding is now limited, but the District offered to take the lead in acquiring the property on behalf of the Board of Trustees. On

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Agenda – April 24, 2001

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Item 4, cont.

December 8, 1998, the Board of Trustees authorized staff to enter into an acquisition agreement to acquire various ownerships located in the East Coast Buffer portion of the East Everglades CARL project, in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On June 15, 1995, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held by the Board of Trustees. Since the land being acquired will be part of a federal project, federal acquisition procedures are being used.

The Central and Southern Florida Project was authorized 50 years ago to provide flood protection and fresh water to south Florida. This project accomplished its intended purpose and allowed people to more easily live on the land; however, it did so at a tremendous ecological cost to the Everglades. While the population has risen from 500,000 in the 1900s to more than 6 million today, the number of native birds and other wildlife have dwindled, and some have vanished. The Water Resources Development Acts of 1992 and 1996 provided COE with the authority to review the current Central and Southern Florida Project. COE was asked to develop a comprehensive plan to restore and preserve South Florida’s natural ecosystem while enhancing water supplies and maintaining flood protection. Resulting from this effort, the CERP calls for a series of water system improvements over more than 20 years, with an estimated cost of $7.8 billion. The CERP will incorporate a number of restoration projects already underway. It will be the most ambitious ecosystem restoration effort ever undertaken in the United States. Its fundamental goal is to capture most of the fresh water that now flows unused to the Atlantic Ocean and the Gulf of Mexico, and to deliver it to the natural system, agricultural areas or urban areas, when needed.

The subject land is needed for the CERP's Bird Drive Basin project component. This is one of the 68 project components that comprise the CERP. The CERP puts more water in the Everglades and reduces groundwater flows coming out of the Everglades to prevent flooding of the adjacent private lands. The Bird Drive Basin project is intricate to the overall Everglades restoration effort by providing several hydrologic functions. First, the Bird Drive Basin project is designed to replace groundwater recharge from Everglades seepage that is interrupted by seepage management features of the CERP. Groundwater recharge in this area is critical to the West Dade Wellfield and the drinking water supply for Dade County. Second, the Bird Drive Basin project component will reduce seepage from the Everglades National Park’s buffer areas by increasing water table elevations east of Krome Avenue. Third, the facility will also complement flood protection in the basin by providing C-4 canal flood peak attenuation. Fourth, the facility will also provide water supply deliveries to the South Dade Conveyance System and Northeast Shark River Slough for Everglades National Park restoration. The Bird Drive Basin project component accomplishes these functions by capturing runoff from the western C-4 Basin and accepting advanced treated inflows from the West Miami-Dade Wastewater Treatment Plant into the recharge area. A seepage management system will be constructed around the east and southern perimeters of the recharge area to allow water supply deliveries to the South Dade Conveyance System and Northeast Shark River Slough.

The District has acquired an agreement for sale and purchase to purchase the Morton L. Wald parcel at 100 percent of appraised value. Pursuant to the terms of the acquisition agreement, the District shall be reimbursed for all costs associated with acquiring the property, including pre-acquisition and closing related costs. The Board of Trustees’ purchase price will be 100 percent of the contract price negotiated by the District, plus 100 percent of the cost incurred in the purchase of the property. Title to the property acquired will vest in the Board of Trustees.

Board of Trustees

Agenda – April 24, 2001

Page Six

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Item 4, cont.

As provided for in the acquisition agreement, on December 14, 2000, the Governing Board of the District adopted Resolution 2000-105, requesting the Board of Trustees’ purchase price for the parcel, reimbursement of 100 percent of its pre-acquisition costs and reimbursement of 100 percent of its closing costs. Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

The East Coast Buffer portion of the East Everglades CARL project will be managed by the District in conjunction with COE Everglades restoration projects. As local sponsor for the restoration projects, the District is required to hold a title interest sufficient to meet COE certification requirements. While COE would prefer the sponsor to hold fee title, section 259.101(3)(g), F.S., states that title to lands acquired with P2000 funds under the CARL program must vest in the Board of Trustees. The acquisition agreement includes a provision whereby the Board of Trustees will convey to the District an easement, consistent with section 253.034(4), F.S., for any lands acquired under this agreement that are to become part of a COE-approved Everglades restoration project. DEP staff is currently working with COE and the District to develop an easement sufficient for COE certification. COE will require the easement to include a statement that the land interest will not be impaired during the life of the project, and that COE is granted an irrevocable right to enter the project lands for the purpose of constructing, inspecting, completing, operating, repairing, maintaining, replacing or rehabilitating the projects. In the event that COE determines that fee title by the District is required to meet certification requirements, statutes would need to be amended to permit entities other than the Board of Trustees to hold title to lands acquired with P2000 funds under the CARL program.

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 4, Pages 1-58)

RECOMMEND APPROVAL

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Item 5 Brevard County Option Agreement/Brevard Coastal Scrub Ecosystem (Valkaria Site) CARL Project

REQUEST: Consideration of an option agreement to acquire 259.13 acres within the Brevard Coastal Scrub Ecosystem (Valkaria Site) CARL project from Brevard County.

COUNTY: Brevard

LOCATION: Sections 17, 19, 20, and 29, Township 29 South, Range 38 East

CONSIDERATION: $978,805

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Agenda – April 24, 2001

Page Seven

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Item 5, cont.

STAFF REMARKS: The Brevard Coastal Scrub Ecosystem CARL project is ranked number 7 on the CARL Mega/Multiparcel Project List, as the list appears in the 2000 Interim CARL 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. This project contains 11,124 acres, 4,424 of which were added by a CARL boundary amendment approved on December 19, 2000. To date, 698.12 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 10,166.75 acres, or 91 percent of the project, will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between DSL and Brevard County (County), the County acquired 96 parcels in the Valkaria Site. All parcels under five acres were valued by Mr. James Miller, MAI, as part of a mass appraisal originally conducted in 1993. In June 2000, Mr. Miller updated this mass appraisal. If this item is approved, the Board of Trustees will reimburse the County for the lesser of 100 percent of the approved value or 100 percent of the County’s purchase price. In no event will the purchase price exceed 100 percent of the approved value. Closing costs will be paid by the County.

All mortgages and liens will be satisfied at the time of closing. 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. In the event of title and/or survey defects on any parcel, DEP can close, on the original closing date, those parcels which do not contain any defects, and defer the closing on those parcels which contain defects until the later of the original closing date or within 60 days after receipt of documentation curing defects.

The purchaser will provide a survey and a title insurance policy prior to closing. The seller will reimburse 50 percent of the purchaser’s cost of the title insurance policy. The seller will provide an environmental site assessment prior to closing and the purchaser will reimburse 50 percent of the seller’s cost of the environmental site assessment.

The strip of coastal scrub that once paralleled the Indian River in Brevard County is now a set of small fragments surrounded by housing developments. These parcels are located on the Atlantic Coastal Ridge and support representative scrub communities dependent upon the geographical and physical characteristics of this relic beach and dune system. Scrub, scrubby flatwoods, and sand pine scrub are all scrub communities considered endangered in Brevard County. The parcels would preserve endangered habitat for species such as the Gopher tortoise, Florida scrub jay, Gopher frog, and Curtiss' milkweed.

Board of Trustees

Agenda – April 24, 2001

Page Eight

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Item 5, cont.

Public acquisition of the Brevard Coastal Scrub Ecosystem CARL project will preserve a few of the best fragments, thus helping to ensure the survival of the endangered scrub jay and scrub itself in the county, and providing areas where the public can learn about and appreciate this unique landscape.

The property will be managed by the County as a wildlife and environmental area with limited passive recreation and environmental education.

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 5, Pages 1-58)

RECOMMEND APPROVAL

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Item 6 TNC Option Agreement/Donation/Exchange/Dunn's Creek CARL Project/Saddle Blanket Lakes Scrub CARL Project

REQUEST:  Consideration of an option agreement to acquire 4,545.686 acres, which contemplates the acceptance of a donation of 1,521 acres within the Dunn’s Creek CARL project from The Nature Conservancy, Inc., and an exchange of a 77.86-acre parcel of Board of Trustees’ land within the Saddle Blanket Lakes Scrub CARL project for a 155.72-acre parcel owned by The Nature Conservancy, Inc., within the Dunn’s Creek Carl Project.

COUNTIES:  Putnam and Polk

LOCATION:  Sections 13, 24 and 40, Township 11 South, Range 26 East; Sections 04 through 10, 15, 16, 19, 21, and 40, Township 11 South, Range 27 East; and Section 30, Township 32 South, Range 28 East

CONSIDERATION:  $3,900,000 [$3,900,000 for the purchase of 4,545.686 acres within the Dunn’s Creek project]

* 70% interest was donated. 30% interest was obtained for approximately $1,869,391, which includes acquisition and holding costs.
** Please see chart in backup.

STAFF REMARKS: The Dunn’s Creek CARL project is ranked number 10 on the CARL Bargain/Shared Project List, as the list appears in the 2000 Interim CARL 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 10,921 acres, of which 3,182 acres have been acquired by the St. Johns River Water Management District (District). After the Board of Trustees approves this agreement, 1,516.59 acres, or 14 percent of the project, will remain to be acquired.

Board of Trustees

Agenda – April 24, 2001

Page Nine

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Item 6, cont.

Dunn’s Creek was placed on the Bargain/Shared list in 1991 as a 50 percent shared project with the District. The District acquired 3,182 acres east of Dunn’s Creek on December 23, 1992. The District had not intended to acquire any more than the 3,182 acres lying east of Dunn’s Creek and does not have the money allocated to complete its 50 percent share of the acquisition. The District acquired the 3,182-acre tract as a buffer for the larger project on the west side of Dunn’s Creek. The Nature Conservancy, Inc., (TNC) has agreed to donate 1,521 acres to reduce the Board of Trustees’ participation under the bargain/shared criteria to its 50 percent share of the project acquisition.

TNC acquired the subject property through multiple transactions between 1992 and 1999. The Hasenfeld family donated a 70 percent interest in the 6,222.406-acre property to TNC in 1992 for the express purpose of the property being sold and the proceeds going to TNC’s "Last Great Places" Capital Campaign. Upon receipt of the 70 percent interest in the property, TNC entered into lengthy negotiations with two other families and acquired the remaining 30 percent interest in 1999.

To satisfy a prior obligation to the Board of Trustees, TNC has proposed an exchange of a portion of this property, consisting of 155.72 acres, for 77.86-acre Board of Trustees-owned parcel in the Saddle Blanket Lakes Scrub CARL project. On June 13, 1996, TNC asked the Board of Trustees to terminate an option agreement with TNC for 644.6 acres within the Saddle Blanket Lakes Scrub CARL project. Because a 77.86-acre parcel previously acquired by the Board of Trustees in the project would have remained as an isolated parcel under the management of the Department of Environmental Protection (DEP), Division of Recreation and Parks (DRP), approval was granted with the stipulation that the 77.86-acre parcel be exchanged back to TNC for other suitable conservation lands TNC owned within another CARL project boundary.

Pursuant to section 18-2.018(3)(b)7., F.A.C., every exchange of natural resource lands shall result in the Board of Trustees acquiring a minimum of twice the amount of acreage being conveyed out of state ownership. The proposed exchange is consistent with this requirement. Staff recommends this exchange because it will fulfill the Board of Trustees’ requirement. This exchange and acquisition of the TNC parcel will be in compliance with section 259.041, F.S. Landowners within 500 feet of the lands to be exchanged were notified, in accordance with sections 253.115(1), F.S. and 18-2.019(4)(a) F.A.C. The landowners were requested to express any comments or concerns to DSL by April 13, 2001. As of April 4, 2001, none of the landowners have responded.

All mortgages and liens will be satisfied at the time of closing. The property is improved with two old buildings (800 square-feet and 288 square-feet) that were determined by the appraisers to add no value to the property. The property is also encumbered by an American Telephone and Telegraph Company easement running across the southwest corner of the property parallel to U.S. Highway 17. According to both appraisers, the easement does not adversely impact the value of the property. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to 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 survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. The seller will provide a title insurance policy and the purchaser will reimburse the seller’s cost of the policy.

Board of Trustees

Agenda – April 24, 2001

Page Ten

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Item 6, cont.

Where Crescent Lake feeds the St. Johns River are diverse natural lands ranging from sandhills and scrub, to seepage streams in unusually deep ravines, and swamps along Dunn’s Creek. Public ownership of the Dunn’s Creek project, by conserving these lands, will protect habitat for such wildlife as manatee – which occasionally use the creek – gopher tortoise and wading birds, and will give the public a scenic area in which to enjoy a host of resource-based activities, such as canoeing, camping, and hiking.

This tract is mostly native and highly diverse, with an estimated 22 Florida Natural Areas Inventory plant communities present and about a dozen significant animal species. It includes seven miles of frontage on pristine Dunn’s Creek, which is a deepwater stream navigable in all seasons by motorized vessels. Dunn’s Creek feeds the St. Johns River from Crescent Lake and is one of the most biologically diverse areas in northeast Florida. The property is adjacent to other public lands owned by the District and has frontage on State Highway 17. The combination of deepwater creek frontage, a diversity of plant communities, varied topography, including steep hills and archeological sites, makes the property particularly suited for public resource-based recreational use.

During the period of TNC’s partial ownership, the land was managed to prevent trespassing, dumping, and other abuses; however, because of incomplete ownership and insufficient resources, large-scale restoration of the property was not possible. After acquisition by the Board of Trustees, this property will be managed by DRP as a unit of the state park system. TNC will enter into a three-year agreement with DRP to assist in significant restoration and natural area management of Dunn’s Creek at no additional cost to the state.

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 6, Pages 1-52)

RECOMMEND APPROVAL

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Item 7 SJRWMD/DACS/DOF Acquisition Agreement/Jennings State Forest Additions Project

DEFERRED FROM THE APRIL 10, 2001 AGENDA

REQUEST: Consideration of (1) authorization to enter into an acquisition agreement with St. Johns River Water Management District and the Florida Department of Agriculture and Consumer Services, Division of Forestry, for the Jennings State Forest Additions Project; and (2) authorization to acquire an undivided 50 percent interest in 1,451 acres within the Jennings State Forest Additions Project from five separate owners.

COUNTIES: Clay and Duval

APPLICANT: Department of Agriculture and Consumer Services, Division of Forestry (DOF)

LOCATION: Sections 20, 29, 32 and 33, Township 03 South, Range 24 East

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Agenda – April 24, 2001

Page Eleven

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Item 7, cont.

CONSIDERATION: $2,154,700 (Board of Trustees’ 50 percent share of $4,309,400)

STAFF REMARKS: The Jennings State Forest Additions Project is eligible for funding under the DOF Preservation 2000 Additions and Inholdings Program. The proposed acquisition agreement covers approximately 3,322 acres, of which these 1,451 acres are the first to be acquired, leaving 1,871 acres, or 44 percent of the project, to be acquired.

To facilitate the acquisition of this project, the St. Johns River Water Management District (District) has taken the lead in the acquisition of this joint project. The Department of Environmental Protection (DEP) and DOF have prepared an agreement that would allow the District to acquire the Jennings State Forest Additions in accordance with section 259.041(17), F.S., utilizing the procedures set out in section 373.139, F.S. On September 13, 1994, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held jointly by the Board of Trustees and the District.

The Governing Board of the District adopted Resolution Numbers 2001-07, 2001-08, 2001-09, 2001-10 and 2001-11 on December 14, 2000, and has executed the acquisition agreement. Upon Board of Trustees' approval, DEP staff will execute the agreement on behalf of the Board of Trustees.

Incorporated into the agreement are a number of assurances that the District is giving the Board of Trustees in return for its consideration of this agreement. The District has agreed to: (1) comply with the procedures set out in section 373.139, F.S.; and (2) defend the Board of Trustees against all title and survey disputes or defects and environmental contamination associated with each acquisition negotiated by the District that were either known or should have been known by the District at the time the District acquired the parcel.

Pursuant to the proposed agreement, District staff has obtained and reviewed appraisals; negotiated purchase contracts with Timber Forest Trail Investments, LLC, Yellow Water Investments, LLC, Cochise Pines Investments, LLC, Black Timber Investments, LLC, and Longleaf Timber Investments, LLC; and secured the approval of its Governing Board. The District has provided DEP’s Division of State Lands and DOF with a board resolution requesting reimbursement of the Board of Trustees' share of the purchase price. DEP staff is seeking approval for DOF’s share of the purchase price for each parcel the District contracted to purchase. DOF will fund its share of the acquisition costs for each parcel from its Preservation 2000 funds. In addition, the agreement provides for the District to be reimbursed by DOF 50 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs, with the pre-acquisition costs and certain closing costs being reimbursed even if the District is unsuccessful in acquiring any property. The agreement authorizes DOF to reimburse these costs. If the Board of Trustees approves these purchases, the District will proceed to closing with title to be vested jointly, with the District and the Board of Trustees with each holding an undivided 50 percent interest.

This property provides a desirable management and habitat connector between Cecil Field Naval Air Station and Jennings State Forest, areas currently managed by DOF. The landscape is predominantly a mosaic of pre-merchantable pine plantations, located on historical sandhill

Board of Trustees

Agenda – April 24, 2001

Substitute Page Twelve

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Item 7, cont.

and flatwood community types, and is dissected by three drainage creeks that support a mature hardwood forest.

The property will be managed by DOF as part of the Jennings State Forest.

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 5, Pages 1-118, as submitted with the April 10, 2001, Agenda.)

RECOMMEND APPROVAL

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GOOD CAUSE ITEM 8 Florida Forever Report of the Water Management Districts

REQUEST: Consideration of the first Florida Forever Report of the five water management districts.

LOCATION: Statewide

STAFF REMARKS: As required by statute, the state’s five water management districts submitted this report to the Secretary of the Department of Environmental Protection by December 15, 2000. The Secretary was then required to forward the report to the Board of Trustees for their approval, and following such approval, "…forward the approved report to the President of the Senate and the Speaker of the House of Representatives, prior to the beginning of the 2001 Regular Legislative Session, for review by the appropriate substantive legislative committee from which the Florida Forever Act originated, or its successor," (section 373.1995, F.S.).

The report condenses the 19 original legislative goals into 5 goals and 21 program performance measures. In general, the measures establish baselines and resource data layers for a variety of resource indicators, including: biodiversity; land, water and wetlands systems; water quantity; and resource-based recreational and educational opportunities. The measures adopted are very similar to those adopted by the Florida Forever Advisory Council and by the Office of Program Policy Analysis and Governmental Accountability, an office of the Florida Legislature; however, section 373.1995, F.S., requires the water management districts to submit a separate report from that of the Florida Forever Advisory Council.

(See Additional Attachment 8, Pages 1-11.)

RECOMMEND APPROVAL

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