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AGENDA *************************************************** Item 1 Minutes Submittal of the Minutes from the June 26, 2001 and August 14, 2001 Cabinet Meetings. (See Attachment 1, Pages 1-42) RECOMMEND APPROVAL *************************************************** Item 2 Apalachicola National Estuarine Research Reserve/Rookery Bay National Estuarine Research Reserve Boundary Expansions REQUEST: Consideration of a request to expand the boundaries of the Apalachicola National Estuarine Research Reserve (ANERR) and the Rookery Bay National Estuarine Research Reserve (RBNERR) to include additional state-owned uplands and sovereignty submerged lands. COUNTIES: Franklin and Collier APPLICANT: Office of Coastal and Aquatic Managed Areas STAFF REMARKS: The National Estuarine Research Reserve (NERR) program was established in 1972 in section 315 of the federal Coastal Zone Management Act. The program is administered by the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce under the authority of the final rules of 15 CFR Part 921. The purpose of the program is to conserve the natural resources of estuarine ecosystems that are representative of the various regions of the United States and its territories. This is accomplished through on-site management of the NERRs by the State of Florida with federal funding assistance for facilities construction, land management, habitat restoration, land acquisition and program operations. The methods employed by the NERRs to protect estuaries are: (1) designing and implementing environmental education programs to meet the regional needs; (2) promoting and conducting scientific research on estuarine ecology to learn how to improve the management of these valuable coastal resources; (3) monitoring the biological and physical processes of the NERR environment to detect and associate changes with the causes; and, (4) managing the designated uplands and sovereign submerged lands in accordance with the state policies for managing conservation lands for protection of these resources in perpetuity. All of the properties recommended for inclusion into the NERRs in this boundary amendment are state-owned uplands and sovereign submerged lands, which are currently, and will continue to be, managed for conservation purposes in accordance with state policies. The management
strategies for NERRS are established in federally required management
plans. These plans must be updated every five years. ANERR and RBNERR
are lead managers for certain state-owned uplands in the current and proposed
reserve boundaries. Management strategies for those lands are included
in the reserve management plans and those strategies have been approved
by the Acquisition and Restoration Council (ARC). Management plans for
state-owned uplands in the reserve under the lead management of other
state agencies have also been approved by ARC. Management plans for the
aquatic preserves requested for inclusion into the expanded RBNERR boundary
have also been adopted in accordance with state policy. *************************************************** Item 2, cont. Board of Trustees approval is requested for the boundary expansion of the ANERR and RBNERR because the expansions include lands titled to the Board of Trustees, and federal regulations require that that body propose the area for inclusion in a reserve. By including additional land in the reserves and thereby being able to spend federal money received through the reserve program on that land, the Board of Trustees is making an obligation to the federal government to manage the lands long-term for conservation purposes. The state lands proposed for inclusion are already being managed for that purpose under state policies. Upon Trustees approval for the expanded NERR boundaries, the approved management plans, which include management strategies for the expansion areas of uplands and submerged lands, will be submitted to NOAA for final approval of the boundary expansion proposal. NOAA's approval will constitute official federal designation of the described expansion properties as part of the NERRs. NOAA's approval will also signify acceptance of the management of these properties as described in the management plans adopted under state policies without further obligations. Approval of the boundary expansion proposal will benefit the State of Florida in the same capacity as the original designations as NERRs by: (1) recognizing these expansion properties as areas of national significance; and (2) qualifying the State of Florida for the use of the available federal funding for the management of the lands within the expanded boundaries. The 193,758-acre ANERR was designated as a NERR in 1979. This area includes waters of the lower Apalachicola River and Apalachicola Bay, saltmarshes, barrier islands and uplands of the Apalachicola River floodplain. These properties are variously managed by the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, the Division of Forestry of the Florida Department of Agriculture and Consumer Services, the Northwest Florida Water Management District, the Division of Recreation and Parks and the Office of Coastal and Aquatic Managed Areas, both of DEP. The requested expansion boundary includes an additional 53,427 acres of publicly-owned uplands purchased since the original NERR designation, and managed by these same agencies. The new total acreage of the ANERR would be 247,185. The original boundary of the RBNERR established in 1978 included approximately 20,000 acres of sovereign submerged lands and uplands owned by the State of Florida, the Florida Audubon Society, and The Conservancy, Inc. The proposed expansion boundary includes an additional 90,000 acres, which is comprised of 30,000 acres of uplands purchased by the State of Florida since the designation of Rookery Bay as a NERR, and the 60,000 acres of sovereign submerged lands within the Rookery Bay and Cape Romano - 10,000 Islands Aquatic Preserves. The new total acreage of the RBNERR would be 110,000. (See Attachment 2, Page 1 --- Management Plans submitted separately) RECOMMEND APPROVAL *************************************************** Item 3 Annual Land Management Review Team Findings REQUEST: Consideration of the Annual Land Management Review Team findings. COUNTY: Statewide
*************************************************** Item 3, cont. STAFF REMARKS: Section 259.036, F.S., requires the Board of Trustees, acting through the Department of Environmental Protection (DEP), to conduct management reviews of selected conservation, preservation and recreational lands titled in the Board of Trustees to determine whether those lands are being managed for the purposes for which they were acquired and in accordance with their adopted management plans. The legislation requires DEP to submit a report of its findings to the Board of Trustees no later than the second board meeting in October of each year. Properties to be reviewed were selected from a database of the Board of Trustees' land based on managing agency, plan due-dates, and geographic location. Regional review team members were selected in accordance with the requirements of the legislation to include representatives of the following: (1) the county or local community in which the parcel is located; (2) the Division of Recreation and Parks; (3) the Division of Forestry; (4) the Florida Fish and Wildlife Conservation Commission; (5) DEP's district office; (6) the private sector; (7) the local Soil and Water Conservation District board of supervisors; and (8) a conservation organization. To assist the team in conducting its evaluation, a checklist was provided to each team member along with a copy of the current management plan, management policy statement, management prospectus, and related documents when available. In order to improve the review process, the Division of State Lands' staff, along with advisors and site managers, inspected selected properties prior to the formal review to provide information necessary for meeting required objectives. Participating state agencies, soil and water conservation districts, and conservation groups have had continual input into the development and ongoing evolution of the review process. DEP staff that coordinate the state's land management review teams also met with representatives of the Water Management Districts (WMD) to integrate management reviews where WMD lands are adjacent to Board of Trustees' lands and when the Board of Trustees has joint ownership of parcels with a WMD. Ten reviews
were conducted during the 2000-2001 fiscal year involving more than 150,419
acres of managed lands. Reports of the management review team findings
are provided to the managing agency and the Acquisition and Restoration
Council (ARC). ARC was provided copies of the team findings during the
October 24 and 25 council meeting and public hearing. Overall, the teams
found that public access was adequate in all sites visited. On 30 percent
of the sites, managers were doing an exceptional job of restoring disturbed
natural areas. On 13 percent of the managed areas, the prescribed burn
program was found to be excellent. On 17 percent of the sites visited,
the burn frequency and area receiving prescribed burns was found to be
inadequate to preserve, restore, or maintain the natural communities.
Non-native invasive plants were a management issue on most of the lands
reviewed, and control measures were adequate on all sites visited. Degradation/alteration
of surface water resources was a concern at 25 percent of the sites, with
13 percent of the managers doing an exceptional job of managing degradation/alteration
of surface water. Degradation/alteration of groundwater resources was
adequately managed in the field, and 60 percent of the plans adequately
covered degradation/alteration of groundwater. Only 20 percent of the
sites have inadequate plans for protection of listed plants and animals
or inventories of listed plants and animals, but all sites were adequate
in actual management practices to protect the listed plants and animals.
Law enforcement was adequate to protect the resources on 90 percent of
the lands reviewed. On 25 percent of the sites, the public education and
outreach programs were found to be excellent. Most management problems
may be directly related to a lack of funding: 60 percent of the managed
areas were found to have inadequate staff and 10 percent were found to
have inadequate equipment to properly manage the natural resources. Overall,
however, the review teams found that the managers of these areas are dedicated
professionals who are doing an excellent job with the resources available.
*************************************************** Item 3, cont. All of the properties reviewed were found to be managed for the purpose for which they were acquired, and actual management practices, including public access, were found to be in compliance with the management plans. The report of the annual review team findings is consistent with section 259.036, F.S., and with the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 3, Pages 1-71) RECOMMEND ACCEPTANCE *************************************************** Item 4 TPL/DACS/DOF Purchase Agreement REQUEST: Consideration of a purchase agreement to acquire 222.6 acres by the Department of Agriculture and Consumer Services, Division of Forestry from the Trust for Public Land. COUNTY: Citrus APPLICANT: Department of Agriculture and Consumer Services, Division of Forestry LOCATION: Section 24, Township 20 South, Range 18 East CONSIDERATION: $725,000 APPRAISED BY
SELLER'S
TRUSTEES' STAFF REMARKS: This acquisition was negotiated by the Department of Agriculture and Consumer Services, Division of Forestry (DOF) under its Florida Forever Inholdings and Additions Program. The seller currently holds an option to purchase the property. The seller's obligation to convey the property to the purchaser is contingent upon the seller acquiring fee simple title to the property prior to closing this transaction. 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. A title insurance policy, a survey and an environmental site assessment of the property will be provided by the seller prior to closing. DOF will reimburse the seller's cost of the title insurance policy, survey and environmental site assessment. This property provides additional access, improves the overall management of the Withlacoochee State Forest, and affords natural resource conservation and outdoor recreation activities under a multiple-use management regime. Board of
Trustees *************************************************** Item 4, cont. The parcel will be managed by DOF as an addition to the Withlacoochee State Forest. This acquisition is consistent with section 187.201(23), F.S., the Agriculture section of the State Comprehensive Plan. (See Attachment 4, Pages 1-22) RECOMMEND APPROVAL *************************************************** Item 5 JJK Real Estate Investors, LP Option Agreement/Werner-Boyce Salt Springs State Park REQUEST: Consideration of an option agreement to acquire 50.45 acres within the Werner-Boyce Salt Springs State Park Division of Recreation and Parks' Additions and Inholdings project from JJK Real Estate Investors, LP. COUNTY: Pasco LOCATION: Sections 20, 21, 28 and 29, Township 25 South, Range 16 East CONSIDERATION: $2,550,000
APPRAISED
BY SELLER'S TRUSTEES' STAFF REMARKS: The Werner-Boyce Salt Springs State Park project has been identified on the Division of Recreation and Parks' (DRP) Additions and Inholdings List. This agreement was negotiated by the Division of State Lands on behalf of DRP under the State Parks' Additions and Inholdings Florida Forever program. All mortgages and liens will be satisfied at the time of closing. There are two drainage easements in favor of the Florida Department of Transportation and one road right-of-way easement on the property. The appraisers have determined that the easements do not have a detrimental effect on the value of the property. A single billboard found along the highway was not taken into consideration by the appraisers because no evidence of a lease has been found in the recorded documentation and the seller has no knowledge of a lease. 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 as appropriate. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for these and any other 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. This property, which is primarily pine flatwoods, will provide the land necessary to enhance the future design capabilities for public uses and facilities at the Werner-Boyce Salt Springs State Park and will also provide the park with direct access to US 19. *************************************************** Item 5, cont. The property will be managed by DRP as part of the Werner-Boyce Salt Springs 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 5, Pages 1-42) RECOMMEND APPROVAL *************************************************** Item 6 Rogers, et al Conveyence REQUEST: Consideration of (1) a request to convey a 13.55-acre parcel of former lake bottom in Polk County to Rogers, et al; and (2) a determination that the conveyance is in the public interest pursuant to section 18-21.004(1)(a), F.A.C. COUNTY: Polk APPLICANT:
Rogers, et al CONSIDERATION: $45,000 to be deposited into the Internal Improvement Trust Fund STAFF REMARKS: In the late 1920s or early 1930s, the Army Corp of Engineers (Corps) constructed a drainage canal from Banana Lake to facilitate drainage. Prior to 1940, and perhaps when the Corps dredged the canal, a berm was constructed along the east of Banana Lake, which forms the waterward line of the subject property the Rogers family has requested to purchase from the Board of Trustees. After the berm was built, landowners, prior to the Rogers family, continued in a haphazard manner to fill behind the berm for agricultural purposes. Operating under the belief that they owned the property, as the property was part of the land deeded to them from Government Lot numbers from the beginning of their chain of title, the Rogers family completed the filling of the property in 1983. Other than access over lands owned by the Rogers family, the only access to this property is over sovereignty-submerged lands. Recently, the Rogers family decided to develop the 13.55-acre parcel and surrounding property as a research and development park, and in moving forward with development plans discovered that the land was owned by the Board of Trustees. The development plans for the 13.55-acre parcel contemplates the use to be mostly wetlands, wetland enhancement and storm water retention. On December 19, 2000, the Acquisition and Restoration Council approved the conveyance with the recommendation that the land only be used for storm water retention and wetland creation, including floodplain. A restriction in the quitclaim deed will restrict the use of the property to storm water retention and wetland creation, including but not limited to flood plain creation.
*************************************************** Item 6, cont. Mark Misiaszek, GAA and State Certified Appraiser, appraised the property on January 15, 2001. Mr. Misiaszek estimated the market value of the property at $41,000. Joseph S. String, MAI and State-Certified General Real Estate Appraiser, prepared a second appraisal with a market value conclusion of $35,000. The date of value of the second appraisal is February 1, 2001. At the time the appraisals were ordered, two appraisals were required under section 253.034(h), F.S. On July 1, 2001, this statute was changed and only one appraisal is required when the Board of Trustees acquires property for no consideration. Staff negotiated a purchase amount of $45,000. Pursuant to section 18-21.004(1)(a), F.A.C., the Board of Trustees may convey sovereignty lands if determined to be in the public interest. Staff believes that the conveyance should be determined to be in the public interest in light of the following: (1) it would not be feasible to restore the land to its previous state; (2) the parcel is landlocked and its location is not suitable for management by the state; and (3) approval will clear title to the property to the Rogers family. Pursuant
to section 253.115, F.S., property owners within 500 feet of the subject
property were also notified and no objections were received. (See Attachment 6, Pages 1-22) RECOMMEND APPROVAL *************************************************** Item 7 Jones Utility Services Easement/Blackwater River State Forest REQUEST: Consideration of a request for a non-exclusive, 20-foot-wide (0.61-acre, more or less), private access and utility services easement to Wyman L. Jones over state-owned land in Santa Rosa County within the boundary of Blackwater River State Forest. COUNTY: Santa
Rosa APPLICANT: Wyman L. Jones LOCATION: Section 20, Township 04 North, Range 27 West CONSIDERATION: $125 to be deposited into the Internal Improvement Trust Fund STAFF REMARKS:
Mr. Wyman L. Jones owns 40 acres within the boundary of Blackwater River
State Forest. He has applied for an access and utility services easement
because he has no legal access to his property. During the 70 years in
which title to Mr. Jones' property has been in his family, ingress and
egress from the property has been by way of an existing road. In 1955,
the land on which the road is located was donated to the Board of Trustees
by the federal government for management as a state forest. Since then,
the road has been maintained *************************************************** Item 7, cont. by the Department of Agriculture and Consumer Services, Division of Forestry (DOF), as a state forest road in connection with its management of Blackwater River State Forest under Board of Trustees' Lease Number 3686. Although the road is open to the public, it is not considered a "public" road by banks, and mortgage and utility companies because it is not dedicated to Santa Rosa County. Because of this, Mr. Jones, who intends to build a residence on the property, has applied for a recordable easement as a means of documenting his legal access to the property. As proposed, the requested 0.61-acre easement would extend along the centerline of the graded sand road. Mr. Jones qualifies under Florida law for a statutory way of necessity. Section 704.01(2), F.S., provides that a statutory way of necessity exists when land outside municipal boundarìes, used as a dwelling, or for agricultural, timbering or stock raising purposes, is shut off so that no practicable route of ingress or egress to the nearest public or private road exists. In such cases, the shut off landowner may lawfully use, with or without an easement, lands lying between the shut off property and the nearest public or private road for access and utility services. Mr. Jones is willing to pay an easement fee of $125, which was based on an appraisal. DOF supports the request for the 20-foot-wide easement provided that: (1) the easement runs along the centerline of the state forest road; (2) the road remains open to public access by issuance of a nonexclusive easement; (3) the applicant understands that the road is maintained to DOF standards and any additional improvements are borne by the applicant; and (4) no exotic species are introduced with fill material used to maintain the easement. The road along which the easement is proposed runs through mixed longleaf pine and hardwood habitat with wiregrass ground cover. DOF expects the main impact to be branch trimming with few, if any, trees cut. DOF has not requested provision of a net positive benefit because it does not believe that the Board of Trustees' Incompatible Use Policy applies in this case, given that the easement is included within a state forest road right of way in which few, if any, trees will be cut. This request was not referred to the Acquisition and Restoration Council (ARC) in view of ARC'S policy of not considering easement requests when applicants qualify under section 704.01, F.S., and there are no mitigating or complicating circumstances. A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, DCA determined that the plan was not in compliance. A compliance agreement between DCA and the local government has been finalized. The proposed easement is consistent with the goals, objectives and policies of the adopted Santa Rosa County Comprehensive Plan. (See Attachment 7, Pages 1-17) RECOMMEND APPROVAL *************************************************** Item 8 City of Pahokee/Everglades Venture Company, LLC Sublease REQUEST:
Consideration of a request for (1) a determination that a private sublease
between the City of Pahokee, Florida, and Everglades Venture Company,
LLC, is not contrary to the public interest; (2) approval of a 30-year
sublease between the two parties; and (3) approval of a bid to redevelop
and operate the subleased premises for profit. *************************************************** Item 8, cont. COUNTY: Palm
Beach APPLICANT: City of Pahokee, Florida LOCATION: Section 18, Township 42 South, Range 37 East CONSIDERATION: The City of Pahokee, Florida (City) will retain a certain percent of all net profits, to be determined at a future date, generated from Everglades Venture Company, LLC's (Company) operation of the subleased premises, paid annually within 60 days of the close of the Company's fiscal year which is June 30th. STAFF REMARKS: On December 15, 1986, the Board of Trustees entered into a 30-year lease with the City for development and management of a 30-acre tract of Herbert Hoover Dike Levee D-9 on the southeastern shore of Lake Okeechobee for public outdoor recreation. On June 2, 1994, the lease was amended to include an additional 16.49 acres to be developed for tent and RV camping and a trail head with parking for users of the Florida Scenic Trail on the dike. At the time the City entered into Lease Number 3471, it was managing sovereignty submerged lands adjacent to the campground as a breakwater under a permit granted by the Board of Trustees on May 7, 1956. Because of
the economic conditions, the City has been unable to fund needed renovations
to rehabilitate the campground, and the adjacent breakwater/marina. Therefore,
in an effort to attract new business to the community, the City approved
and adopted a Request for Proposal (RFP) to obtain a developer/operator
to redevelop the campground/trail head and breakwater/marina facilities.
Pursuant to section 18-2.018(2)(i), F.A.C., competitive bidding was used
to select a developer/operator. A committee of concerned citizens and
individuals was appointed by the City Commission to hold public hearings
on RFP, select finalists from the respondents to make presentations before
the committee at a public workshop, and to recommend a developer/operator
for appointment by the City Commission. Only two of the 15 parties sent
the RFP responded. Both were invited to make presentations, however, only
one, Everglades Venture Company, LLC, appeared at the public workshop
to discuss its proposal. A sovereignty submerged lands lease for the marina will be requested at a later date by the City for assignment to the Company provided this sublease is approved. Because the City's RFP provided for development and operation of campground/trail head and marina areas, this sublease contains language allowing either party to terminate the agreement should a sovereignty submerged lands lease not be granted to the City. Pursuant to section 18-2.018(1)(a), F.A.C., the decision to authorize the use of Board of Trustees'-owned uplands requires a determination that such use is not contrary to the public interest. A public interest analysis conducted by staff found that this sublease is not contrary to Board of
Trustees *************************************************** Item 8, cont. the public interest because it complements and conforms to the City's management plan for the leased premises. It does this by (1) providing continued and improved public access to Lake Okeechobee; and (2) providing continued and improved public outdoor recreation opportunities including campground facilities (tent and vehicular camping and cabins), picnicking areas, and a restaurant overlooking Lake Okeechobee. Pursuant
to section 18-2.018(2)(i), F.A.C., the decision to authorize the use of
Board of Trustees'-owned uplands requires equitable compensation when
such use will generate income for a private user. When considering competitive
bids, the Board of Trustees reserves the right to reject any and all bids.
Although the Board of Trustees will not directly receive any consideration
for this sublease, the City will retain a certain percent of all net profits
to be determined at a future date, generated from the Company's operation
of the subleased premises. The sublease fee will be paid annually within
60 days of the close of the Company's fiscal year (June 30). However,
there will be no payment within the first five years of operation because
capital improvement funding by the Company will be credited towards rent
owed to the City, until the Company has been compensated for all capital
fund expenditures. Funds received by the City are to be used to pay the
City's maintenance costs of the subleased premises and insurance premiums
to cover campground facilities. Any funds available after payment of these
costs will be placed in the City's general fund. (See Attachment 8, Pages 1-43) RECOMMEND APPROVAL *************************************************** Item 9 Jacksonville Port Authority Recommended Consolidated Intent REQUEST: Consideration of an application for (1) an after-the-fact five?year sovereignty submerged lands lease containing 15.07 acres, more or less, for existing vessel berthing areas; (2) a 50.11-acre, more or less, public easement for a dredged access channel to the berthing areas; and (3) authorization for the severance of 400,000 cubic yards of sovereignty material. COUNTY: Duval APPLICANT: Jacksonville Port Authority (JPA) LOCATION:
Section 25, Township 01 South, Range 27 East, in the St. Johns River,
Class III Waters, within the local jurisdiction of the city of Jacksonville *************************************************** Item 9, cont. CONSIDERATION: The project qualifies for a waiver of the lease and easement fees pursuant to section 253.77(4), F.S. The project qualifies for a waiver of the severance fee pursuant to section 253.03(10), F.S. STAFF REMARKS:
In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2),
F.S., the attached "Recommended Consolidated Notice" contains
a recommendation JPA is proposing to deepen six existing ship berthing areas (30-35) at the Blount Island Marine Terminal. The existing berth depths will be increased from -38.0 feet mean low water to -40.0 feet mean low water with a two-foot allowance for over dredging. The dimensions of the dredging will be 5,250 feet long by 610- to 630-feet wide and will involve the removal of 400,000 cubic yards of sovereignty material. In addition to deepening the berths, the dredging will deepen the existing access channel from the adjacent federal shipping channel to the berths. The severed material will be disposed of at Bartram Island, a JPA-owned spoil disposal island. The deepened berths and access channel will allow for the mooring of cargo vessels up to 650-feet long by 125-feet wide with maximum drafts of -40.0 feet mean low water. All of the dredging will be within the open waters of the river. There are no existing areas of submerged seagrasses or vegetated salt marshes within the dredge area. The existing berthing facilities are located at the Blount Island Marine Terminal. The Blount Island Marine Terminal is approximately 867 acres in size. The existing terminal is developed with facilities and structures designed to unload and load bulk cargo, automobiles, and other sea transported materials. The berths (30-35) consist of a continuous pile supported wharf varying in width from 52 to 103 feet over a length of 5,250 feet. The wharf provides parallel mooring for up to six vessels. In 1958, the Board of Trustees conveyed (Deed #21795) approximately 1,530 acres of land to the Board of County Commissioners of Duval County (now the consolidated city of Jacksonville) to utilize for the development of industrial sites, port and harbor facilities, or other lawful public purposes. The majority of the land consisted of vegetated salt marshes, open water channels and small upland spoil disposal islands. Following the conveyance, the county and/or its successor began filling in the salt marshes and open water channels to facilitate construction of the industrial/port sites. By 1980, the majority of the 1,530 acres had been filled and was in various stages of development for port and industrial activities. On August
8, 2001, JPA submitted an environmental resource permit application to
deepen the berths (30-35) to coincide with the deepening of the federal
shipping channel. In reviewing the application, DEP staff discovered that
the existing berths had not been brought under lease. Aerial photographs
indicate that berths 30-32 were in operation by 1972-73 with berths 33-35
being constructed in the subsequent years and completed by 1989. No records
or files for these berths could be found; therefore, it is not possible
to determine the reasons these berths were not brought under lease. *************************************************** Item 9, cont. DEP's environmental resource permit does not authorize liveaboards, sewage pumpout or fueling facilities. The Florida Fish and Wildlife Conservation Commission states that the project appears to be consistent with the Duval County Manatee Protection Plan, and its recommendations regarding protection of manatees have been addressed in the environmental resource permit. The project was noticed to one property owner within 500 feet of the proposed lease area as required by section 253.115(1), F.S., and no objections have been received to date. A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (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 September 14, 2001 letter received from the city of Jacksonville. (See Attachment 9, Pages 1-27) RECOMMEND APPROVAL *************************************************** Item 10 Sebastian Inlet Marina and Trading Company/Oyster Pointe Resort Recommended Consolidated Intent REQUEST: Consideration of an application for modification of a ten-year sovereignty submerged lands lease to (1) increase the existing 56?slip commercial docking facility to an 85-slip commercial docking facility by expanding the existing preempted area from 84,887 square feet to 85,891 square feet, more or less; and (2) modifying an existing 243-linear-foot conservation easement to allow for the proposed marina expansion. COUNTY: Indian
River APPLICANTS: Sebastian Inlet Marina and Trading Company and Oyster Pointe Resort LOCATION:
Section 31, Township 30 South, Range 39 East, in the Indian River, Class
II Shellfish Harvesting Waters, within the local jurisdiction of the city
of Sebastian CONSIDERATION: $7,377.26, representing the initial lease fee computed at the base rate of $0.1216 per square foot, discounted 30 percent because of the first-come, first-served nature of the facility, and including the initial 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. Board of
Trustees *************************************************** Item 10, cont. STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., the attached "Recommended Consolidated Notice" 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 chapters 253 and 258, 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, 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 requesting authorization to expand an existing 56?slip commercial marina presently used in conjunction with an upland marina office, restaurant and hotel. Expansion of the marina's preempted area is to be accomplished by adding 16 new wet slips. In addition, pursuant to the new policy of numbering all slips, 13 temporary and permanent mooring areas are now counted as slips. The existing and additional wet slips will create a docking facility with a total of 85 wet slips. Vessels currently mooring at the facility include recreational and commercial fishing boats, and personal watercraft (jet skis). Vessels currently moored along the southside of the southern dock are limited to 15- to 20-foot vessels with 14- to 18-inch drafts. The existing southern dock (location of the proposed expansion) is within the 25-foot setback area of the lessee's southern riparian line. However, this dock was constructed prior to the adoption of section 18-21.004(3)(d), F.A.C., that prohibits construction of any structures within 25 feet of the applicant's riparian line, unless the adjacent property owner has consented. The proposed expansion will encroach into the riparian area of the adjacent property owner. The president of the adjoining time-share property has consented to this encroachment and has agreed to be a co-applicant to validate the proposed expansion. At least 90 percent of the proposed and existing slips will continue to be open to the public on a first-come, first-served basis, in order to qualify for the ten-year lease and the 30 percent discount of the lease fee. This has been addressed as a special lease condition. On September 6, 1978, the Board of Trustees authorized the original facility consisting of two docks with 18 wet slips and 90 dry slips. The lease area was for 42,905 square feet. The lessee requested a modification to the original lease to expand the facility by extending the two existing docks to accommodate 18 additional slips and maintenance dredging the original marina basin. The Board of Trustees approved the northern dock extension and associated dredging on June 26, 1990, and approved the southern dock extension on August 14, 1990, for a total preempted area of 70,557 square feet. The project site has historically been the site of a marina with wet slips and dry storage slips, a boat ramp and a dredged channel to the Intracoastal Waterway. The marina was expanded in the 1960's, 70's and 90's. The lessee purchased the property in 1986. Dry storage slips and a boat ramp located on the lessee's property were removed and a motel was constructed in 2000. On September 15, 1992, the Board of Trustees authorized a lease modification and authorized an expansion which included the following: a) Expansion
from 36 to 56 wet slips; One of the items requested to meet the public interest test in 1992 was a conservation easement to the Board of Trustees for 243 linear feet of shoreline into the property 10 feet. By its terms, the conservation easement provided for amendment, "This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto." (This has been addressed as a special approval condition). The current proposal includes expanding the preempted area nine feet on the south side of the south dock. The modification to the marina will change the configuration of the mooring on the southside of the south dock from 8 vessels on davits, parallel to the dock, to wet slip mooring of vessels perpendicular to the dock. Twelve finger piers (15 feet in length by 2 feet in width) are proposed on the southeastern side of the south dock to accommodate 24 vessels. The proposed modification and reconfiguration of the marina will increase the number of slips to a total of 85 wet slips. The slips include the jet skis on the southside of the south dock and four slips, for temporary mooring, on the north side of the south dock to be used in association with the fuel dock and restaurant on the uplands. No changes will be made to the north dock or the shoreline. The current preempted area of 84,887 square feet will be reduced to 83,713 square feet. This is due to staff's request to remove the preempted area located between the jet skis and proposed slip number 48 on the southside of the south dock that will not be used for the mooring of vessels. This area is dominated with shallow water depths and seagrasses where mooring would be prohibited. In addition, due to the presence of resources and shallow water depths, fueling will be located on the northside of the south dock. No fueling or mooring of vessels, except in the designated areas, will be authorized on the southside of the south dock. The project is consistent with section 18-20.004(5)(d)4 and 5, F.A.C, which states docking facilities shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas and expansion of existing facilities shall take precedence over approval of new facilities. In addition, there is an existing boat basin and dredged channel extending out to the Intracoastal Waterway (approximately 2,200 feet to the east) thus, the expansion will not have a significant adverse impact to natural resources in the area. Also, the site is opposite Sebastian Inlet, thereby receiving benefits of excellent natural flushing and tidal action. The proposed
project is located in an aquatic preserve, and therefore, must be in the
public interest, pursuant to section 258.42, F.S. DEP staff is of the
opinion that the proposed expansion is in the public interest in light
of the lessee's offer to: (1) adopt an additional spoil island for cleanup
for a total of three spoil islands in the Indian River Aquatic Preserve.
The spoil island cleanup shall take place at least quarterly for the life
of the facility; (2) enhance 72 linear feet of shoreline located immediately
north of the subject lease area with native vegetation; (3) enhance 100
additional linear feet of shoreline by 10-15 feet in width in *************************************************** Item 10, cont. conjunction with the St. John's River Water Management District permit. This 100 feet of shoreline is located immediately north of the subject site along the Indian River Aquatic Preserve; and (4) execute a 100-foot-long by 10-foot-wide proprietary conservation easement along the lessee's riparian shoreline located immediately north of the project site. The proposed expansion will encroach into the riparian area of the adjacent property owner. The adjacent property owner has agreed to be a co-applicant. DEP's environmental resource permit requires sewage pumpout facilities, prohibits liveaboards, and authorizes fueling facilities (fueling currently exist). The recommendations of the Florida Fish and Wildlife Conservation Commission, regarding protection of manatees, have been addressed in the permit. Protection of seagrasses has also been addressed in the permit. The project was not required to be noticed. A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (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 Sebastian dated November 20, 2000. (See Attachment 10, Pages 1-54) RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITION, SPECIAL LEASE CONDITION, AND PAYMENT OF $7,377.26 *************************************************** Item 11 Sufficient Upland Interest Rule Amendments Adoption/Chapter 18-21, F.A.C. REQUEST: Adoption of rule amendments to chapter 18-21, F.A.C., regarding sufficient upland interest required to use sovereignty submerged lands. COUNTY: Statewide APPLICANT:
Department of Environmental Protection (DEP) STAFF REMARKS: The DEP is proposing amendments to chapter 18-21, F.A.C., Sovereignty Submerged Lands Management, to clarify the type and degree of interest in riparian uplands necessary to make application for Board of Trustees' authorization to conduct activities on sovereignty submerged lands. This meeting of the Board of Trustees serves as the final adoption hearing on the proposed rule, as attached. If adopted, staff will file the rule with the Department of State and the rule will become effective twenty days from that filing. On May 30,
2001, the Board of Trustees authorized DEP to publish a Notice of Proposed
Rulemaking in the Florida Administrative Weekly. The proposed rule was
published June 15, 2001, including notice that a public hearing would
be held, if requested in writing. No hearing was held as no such request
was received. However, a challenge to the proposed rule was filed on July
6, 2001. The challenger objected to the 65-foot shoreline requirement
proposed *************************************************** Item 11,
cont. The final proposed rule, including the text from the notice of change, is attached along with a copy of the May 30 agenda item, which includes a section by section summary of the proposed amendments. The primary change to the existing rule is that the type of acceptable interest has been broadened to include easements and "other forms" of documentation. In addition, the documents submitted must clearly demonstrate that the holder has control and interest in the riparian uplands adjacent to the project area and the riparian rights necessary to conduct the proposed activity. (See Attachment 11, Pages 1-9) RECOMMEND APPROVAL OF THE RULE AS PUBLISHED IN THE FLORIDA ADMINISTRATIVE WEEKLY ON JUNE 15, 2001 AND MODIFIED BY THE NOTICE OF CHANGE PUBLISHED SEPTEMBER 7, 2001 *************************************************** Item 12 Fiber Optic Cables/Results of Reef Gaps Investigation/Rule Amendments/Chapter 18-21, F.A.C. DEFERRED FROM JUNE 12, 2001 AGENDA REQUEST:
Consideration of (1) the results of an investigation of reef-gaps in the
coastal waters of Miami-Dade, Broward, and Palm Beach Counties; and (2)
a request to publish a Notice of Proposed Rulemaking for amendments to
chapter 18-21, F.A.C., regarding the establishment of fiber optic cable
project corridors in the coastal waters of Palm Beach and Broward Counties,
an exclusion area in the coastal waters of Miami-Dade (south of Sunny
Isles) and Monroe Counties, statewide application and easement fees, and
delegation of review and decision-making authority for fiber optic cable
projects. APPLICANT:
Department of Environmental Protection (DEP) *************************************************** Item 12, cont. establish an exclusion area in which no FOC projects will be allowed, establish application fees for FOC projects, establish private easement fees for FOC projects, and provide for delegation of review and decision-making authority for applications to install FOC projects on sovereignty submerged lands in certain circumstances. The DEP is also undertaking a related and parallel rulemaking effort to amend chapter 62-341, F.A.C., to create a new environmental resource noticed general permit (NGP) to facilitate the regulatory approval of FOC projects in coastal waters statewide. Background
Proposed
Revisions to Chapter 18-21, F.A.C. The DEP also
became aware that gaps exist in several locations through the reef systems
offshore of southeast Florida. As a result, the DEP contracted with Dr.
Ray McAllister (Professor Emeritus, Florida Atlantic University) to map
the location of those gaps. Through the efforts of Dr. McAllister, DEP
staff, and knowledgeable private volunteers having an interest in the
protection of Florida's reefs, twenty-one reef-gaps were identified through
the *************************************************** Item 12, cont. third reef terrace offshore of Broward and Palm Beach Counties during July-August 2001. From these, five gaps (ranging between approximately 154 and approximately 1,600 yards in width) have been identified as FOC corridors. These are: Lake Worth Gap (1,672 yards., northern Palm Beach County), Boynton Beach Gap (width to be determined, southern Palm Beach County), Delray Gap (508 yards southern Palm Beach County), Turtle Gap (154 yards, Southern Palm Beach County), and South Broward Gap (1,225 yards, southern Broward County). The corridors were also selected in consideration of the extent of the benthic resources on the first (landward, or inside) reef and gaps in the second reef, the existence and quality of benthic resources within the gaps; likely Intracoastal Waterway crossing sites; possible horizontal directional drill staging areas; and avoiding conflicts with such competing uses of sovereign submerged lands as permitted and potential beach restoration and nourishment borrow areas, permitted artificial reefs, and military exclusion zones. The proposed reef-gap corridors also were established in recognition that cables need some distance between them, especially in deeper waters, and to ensure that there are sufficient numbers of upland property owners to avoid anti-competitive restrictions for the cable companies in selecting potential terrestrial routes. The establishment of corridors for FOC projects will serve as a management tool for the Board of Trustees, helping to avoid and minimize the uncontrolled siting of fiber optic cable lines coming into Florida from offshore, and the cumulative impacts resulting therefrom. To provide incentives to FOC projects ensuring protection of the sensitive resources offshore of southeast Florida, the proposed amendments to chapter 18-21, F.A.C., include provisions delegating authorization for FOC projects located in the above reef-gap corridors to DEP staff. In addition, a temporary consent of use for FOCs that are routed through those gaps is provided to expedite installation of FOCs, provided that an easement is obtained within six months of installation. FOC projects outside the corridors would be considered of heightened public concern and would require Board of Trustees' consideration and authorization. In addition to establishing corridors through reef-gaps as preferred locations for FOC projects in Palm Beach and Broward Counties, an exclusion area in which no FOC projects will be allowed is proposed to be established in coastal waters of Miami-Dade County south of Sunny Isles and throughout all of Monroe County to ensure protection of reefs in those waters from potential impacts associated with FOC projects. More corridors and exclusion areas may be considered in the future. Interested parties can petition the Board of Trustees to establish additional corridors and exclusion areas. That process will require Board of Trustees' approval and amendments to chapter 18-21, F.A.C. Demonstration
of Need and Forms of Authorization: *************************************************** Item 12, cont. needed for that cable. Conflicting uses, such as easements for borrow sites, will not be allowed to overlap and will be some distance apart. For projects located within a reef-gap corridor, the authority to grant the easement would be delegated to staff of the DEP. A temporary letter of consent would be issued initially to expedite FOC installation with a condition that an easement be executed within six months of installation. Projects outside the corridors would be considered of heightened public concernand, therefore, would require Board of Trustees' consideration and authorization, as they have in the past. Application
Fees and Private Easement Fees: Background
of Proposed NGP (Chapter 62-341, F.A.C.) Board of
Trustees *************************************************** Item 12, cont. Rulemaking (See Attachment 12, Pages 1-9) RECOMMEND APPROVAL |
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