AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

JANUARY 28, 2003

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Item 1 BOT/Board of Education Sale of State-Owned Land/Carolyn Yoder

REQUEST: Consideration of a request by the Florida Board of Education for the Board of Trustees to sell a 28.17-acre parcel of state-owned land in Calhoun County to Carolyn Yoder.

COUNTY: Calhoun

Deed No. 40091

APPLICANT: Carolyn Yoder

LOCATION: Section 22, Township 02 North, Range 08 West

CONSIDERATION: $88,000 to be deposited in the Institute of Food and Agricultural

Sciences Relocation and Construction Trust Fund

APPRAISED BY

Chandler APPROVED CLOSING

ACRES 04/25/02 VALUE DATE

28.17 $88,000 $88,000 120 days after BOT approval

STAFF REMARKS: The subject property is located in Blountstown and was purchased by the Board of Trustees from Steve and Carolyn Yoder in December 1989 for $35,000. The property was purchased on behalf of the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) to operate and maintain an aquaculture demonstration farm and educational facility. Programs at this facility address alternative species for production, marketing, and pond management for several fish types and aquatic plants. Funding for this property was appropriated by the 1988 Legislature to the Florida Board of Regents acting on behalf of UF/IFAS. Chapter 90-148, Laws of Florida, authorized the Board of Regents, with the approval of the Board of Trustees, to sell, trade, or exchange state agricultural research and education property, deposit the funds in the Institute of Food and Agricultural Sciences Relocation and Construction Trust Fund, and apply the funds to the relocation and construction of new agricultural research facilities. The powers and duties of the Board of Regents have now been transferred to the Florida Board of Education (BOE) under provisions of subsection 1000.01, F.S.

Improvements on the property consist of a steel frame utility building which is a covered storage area containing 1,830 square feet, and another covered storage area containing 3,622 square feet. In addition, there is a single-wide mobile home located near the southeast corner of the site. Approximately 15 man-made ponds ranging from 0.40 acre to 2.00 acres exist on the property and the vast majority of the ponds are dry or extremely low.

As a result of a study performed by UF/IFAS “The Effectiveness of the Organizational Structure of the University of Florida Institute of Food and Agricultural Sciences”, it was decided to be in the best long-term interests of UF/IFAS to consolidate programs located throughout the state. UF/IFAS determined it to be cost-effective to move the demonstration farm programs and equipment to the Gainesville campus and sell the property in Calhoun County. The University of Florida Board of Trustees, at its June 13, 2002 meeting, approved the surplusing and selling of the 28.17 acres. The Florida Board of Education subsequently approved the same at its August 27-28, 2002 board meeting.

Pursuant to section 253.034(6)(f), F.S., in reviewing lands, the Acquisition and Restoration Council (ARC) shall consider and recommend whether the lands would be more appropriately owned or managed by Calhoun County or other unit of local government in which the land is located. ARC shall recommend to the Board of Trustees whether a sale, lease or other conveyance to a local government would be in the best interests of the state and local government. At its October 23, 2002 board meeting, ARC recommended that the UF/IFAS Calhoun County property be surplused and sold.

Board of Trustees

Agenda – January 28, 2003

Substitute Page Two

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Item 1, cont.

Randall C. Chandler of Chandler and Associates, Inc., appraised the property on April 25, 2002 and estimated the market value of the property at $88,000. Mr. Chandler provided an opinion that the property’s highest and best use would be Rural residential/Agriculture and that continued use as an aquaculture facility is not considered economically feasible. Carolyn Yoder, one of the original owners, offered to purchase the property back from the Board of Trustees at the current appraised value of $88,000, which is $53,000 more than what the Board of Trustees paid for the property in 1989. The surrounding properties of the 28.17-acre parcel are mostly family-owned property (Yoder’s). Pursuant to the provisions of Rule 18-2.020(2)(b), F.A.C., disposal of surplus land shall be competitively bid except that parcels 5 acres or less in size or with a market value of $100,000 or less may be sold by an reasonable means, including open or exclusive listing with real estate sales services, competitive bid, auction, and negotiated direct sales.

In accordance with section 253.111, F.S., Calhoun County was notified of the availability of the property and did not express any interest in obtaining the property. Additionally, pursuant to section 253.034(6)(f), F.S., such lands shall be offered to the state, county, or local government for a period of 30 days. Since no governmental agencies expressed interest in the subject property, the property therefore became available for sale on the private market.

Pursuant to section 253.115(1), F.S., property owners within 500 feet of the subject property were notified of the sale and no responses were received with the exception of Carolyn Yoder.

No other serious offers or inquiries were made for this property. Therefore, staff is of the opinion that the property should be sold to the original property owner (Carolyn Yoder) at the appraised value of $88,000.

A consideration of the status of the local government comprehensive plan was not made for this item. The Department of Environmental Protection has determined that surplus land sales are not subject to the local government planning process.

(See Attachment 1, Pages 1-20)

RECOMMEND APPROVAL

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Substitute Item 2 Chapman Exchange/Determination/Werner-Boyce Salt Springs State Park/ Etoniah/Cross Florida Greenways Project Areas

REQUEST: Consideration of (1) a determination that pursuant to Article X, section 11 of the Constitution of the State of Florida, the exchange of a 103.26-acre parcel of sovereignty submerged lands is in the public interest; and (2) an exchange agreement under which the Board of Trustees would convey a 103.26-acre parcel of reclaimed lake bottom land to David Chapman in exchange for two parcels consisting of 5.67 and 117.8 acres of land in the Werner Boyce and Etoniah/Cross Florida Greenways Projects currently under contract for purchase by David Chapman.

COUNTIES: Glades, Pasco and Putnam

Applicant: David Chapman

LOCATION: Section 23, Township 40 South, Range 32 East; Section 21, Township 25 South, Range 16 East; and Section 02, Township 11 South, Range 24 East

CONSIDERATION: Value-for-Value (plus $42,000 to be deposited into the Internal Improvement Trust Fund)

Board of Trustees

Agenda – January 28, 2003

Substitute Page Three

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Substitute Item 2, cont.

APPRAISED BY

String Clayton Banting APPROVED EXCHANGE CLOSING

PARCEL ACRES 07/09/02 10/04/02 02/21/02 VALUE VALUE DATE

(1)Chapman 5.67 $155,000 $155,000 $142,000 90 Days

(2)Chapman 117.80 $178,000 $178,000 +$176,000 After BOT

$318,000 Approval

(3)BOT 103.26 $360,000 $360,000 $360,000

STAFF REMARKS: The Department of Environmental Protection (DEP), Division of State Lands (DSL) received a request from David Chapman to exchange two parcels of land within the Werner-Boyce and Etoniah/Cross Florida Greenways projects for a parcel of Board of Trustees’ land in the Water Control District along the northern bank of the L-50 Canal, near the intersection of County Road 721 and State Road 78.

The Board of Trustees’ parcel is not under lease to any agency or individual; however, the parcel is subject to a Board of Trustees’ easement (No. 27980) for the construction and maintenance of an access road and utilities. The easement is for a period of 50 years commencing on July 17, 1991 and ending on July 16, 2041 with no option for renewal. The easement was issued to Donald Fream and Joyce Fream, Mildred Click, James S. Click, Jr., Gerald Smith and Joyce Smith and has been assigned, with approval by the Bureau of Public Land Administration, to Robert Bianco. Robert Bianco owns the property to which the easement provides access.

The property is located within the South Florida Water Management District (SFWMD) Comprehensive Everglades Restoration Plan area. Mr. Henry Dean, Executive Director of SFWMD, has reviewed the proposal and does not object to the exchange provided SFWMD is provided sufficient interest in this property as well as a nearby state-owned parcel for the location of aquifer storage and recovery (ASR) wells and related facilities. DSL is preparing a lease, under an existing delegation of authority, to the SFWMD for this nearby parcel that is currently unmanaged.

Chapter 7861, Laws of Florida, Acts of 1919, specifically authorizes the sale of reclaimed lake bottom. Article X, section 11 of the Constitution of the State of Florida states, in part, that sale of sovereignty submerged lands may be authorized by law, but only when in the public interest. Staff believes that the conveyance is in the public interest because: (1) the land has been permanently reclaimed and is not likely to return to its natural submerged state; (2) the parcel is too small and constrained to be effectively managed; and (3) the parcels that will be conveyed to the state are both on current acquisition lists and would enhance other property owned by the Board of Trustees.

Parcel one is primarily pine flatwoods and will provide the land necessary to enhance the future design capabilities for public uses and facilities at the Werner-Boyce Salt Springs State Park. The Werner-Boyce Salt Springs State Park project has been identified on the DEP, Division of Recreation and Park’s Additions and Inholding List.

Parcel two is a part of the Etoniah/Cross Florida Greenway project, though, partially logged and planted in pine, has a large expanse of flatwoods, sandhills, and scrub in central Putnam County, which extends to the Cross-Florida Greenway along the Oklawaha River. This parcel is important for the survival of many kinds of wildlife and plants. The greenway itself is a unique strip of land for recreation and conservation that makes a cross-section of the peninsula from the Withlacoochee River to the St. Johns River. Public acquisition of the Etoniah/Cross Florida Greenway project will conserve the Putnam County land as well as fill in gaps in the Greenway, ensure that wildlife such as Florida black bear and scrub jays and plants such as the Etoniah rosemary will have areas in which to live, and provide recreation for the public ranging from long-distance hiking trails to fishing, camping, and hunting.

Board of Trustees

Agenda – January 28, 2003

Substitute Page Four

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Substitute Item 2, cont.

The Board of Trustees’ deed will include reservations related to the Everglades Drainage District as required by section 5, chapter 7861, Laws of Florida, Acts of 1919. Since the Florida Legislature imposed this reservation and did not give the Board of Trustees the authority to release it, it is the opinion of DEP’s Office of General Counsel that only the Florida Legislature can remove the reservation.

The state-owned land to be exchanged consists of approximately 103.26 acres located along the south side of County Road 721. This land is accessible via a county-maintained right-of-way. The exchange agreement is contingent upon David Chapman acquiring title to the two privately-owned parcels consisting of 123.47 acres.

According to section 253.03, F.S., the Board of Trustees has authority to dispose of all lands owned by the state by right of its sovereignty. A review of previous Board of Trustees’ actions on the conveyance of reclaimed lake bottom lands indicated that most of the sales were negotiated based on the appraised value of the reclaimed lands to be purchased.

In accordance with section 253.115, F.S., property owners within 500 feet of the subject property were notified of the proposed exchange. DEP received one objection to the exchange from adjacent property owner Mr. James Click. Mr. Click objected because he claims to have run cattle on the state-owned property for years and he indicated he had authorization from the Board of Trustees to do so. After diligent research by staff and repeated requests to Mr. Click, no documentation has been produced. Further, Mr. Click apparently sub-leased cattle grazing rights on the state-owned property to a third party. In an effort to resolve this issue, Mr. Chapman met with the third party and agreed to allow him to graze on other property owned by Mr. Chapman.

On October 8, 2002, DEP brought a similar item before the Board of Trustees for its approval. This item was a request for a land exchange agreement under which the Board of Trustees would convey the same 103.26-acre parcel of reclaimed lake bottom, included in this agenda item, to David Chapman in exchange for 111.80 acres of land in the Wekiva-Ocala Greenways project area. The Board of Trustees denied staff’s recommendation of approval. The discussion by the Board of Trustees addressed concerns regarding the need for Everglades Restoration program water storage for the surrounding area and the possible need for and use of ASR wells on the subject property. This new exchange proposal is being presented based upon the SFWMD’s additional review of this site and its determination that nearby, state-owned sites will provide sufficient storage capacity if necessary. In addition, Mr. Chapman has agreed that, prior to closing, the state will place a 100-foot easement around the perimeter of the exchange site and an easement over an entire 5 acres in the southeastern corner of this site to the SFWMD as part of this exchange agreement. These easements will allow the SFWMD to place ASR wells on the easement areas of the exchange site for water storage purposes. With this exchange the state will also receive 11.67 acres of additional land over the previous exchange proposal.

Mr. Chapman’s representative indicated at the Cabinet Aides meeting on January 22, 2003, that Mr. Chapman may not want to hold title to the 5-acre easement area referred to above. In the event Mr. Chapman does not want title to this area, the exchange agreement will be modified by staff and the 5-acre parcel will be retained by the Board of Trustees and leased to the SFWMD. This reduction in acreage may affect the exchange value of the Board of Trustees’ parcel and thus could reduce or eliminate the cash exchange payment received from Mr. Chapman.

A consideration of the status of the local government comprehensive plan was not made for this item. DEP has determined that the disposition of land is not subject to the local government planning process.

(See Attachment 2, Pages 1-32)

RECOMMEND APPROVAL

Board of Trustees

Agenda – January 28, 2003

Substitute Page Five

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Substitute Item 3 Delegation of Authority to Approve Upland Easements

REQUEST: Authorization to expand the Department of Environmental Protection, Division of State Lands’ delegation of authority to approve upland easements to private entities from one quarter acre or less in size to ten acres or less in size.

COUNTY: Statewide

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

STAFF REMARKS: Under current delegations of authority, DSL staff can issue or modify upland easements to public entities regardless of size. The authority to approve upland easements to private entities is limited to easements one-quarter acre or less in size unless: (1) the easement is being granted or modified as part of the acquisition of a parcel of land and such easement or modification is necessary to formalize a pre-existing use; or (2) the purpose of the easement is to provide services for state-owned facilities. Staff is requesting that the current acreage threshold for approving private easements under delegation of authority be increased from one-quarter acre to ten acres. Easement requests require an estimated average of sixteen hours of staff time to process through the agenda cycle. This sixteen hours includes two hours initial preparation time; six hours internal DEP review time; and four hours each for Cabinet Aides and Cabinet meetings. This figure pertains only to the staff person assigned to process the request and does not take into consideration the time spent by other staff, senior management, Cabinet Aides, or Cabinet members, who also must review the request as it moves through the agenda process.

Since January 1, 1998, 37 easements have been presented to the Board of Trustees for approval. Twenty-seven involved utility easements, one of which provided service to a landlocked parcel, and ten involved access/utility easements to serve landlocked parcels. To date, none have been denied. Twenty-six of these requests, or 70 percent, would not have required Board of Trustees’ approval if the delegation of authority for easements was ten acres or less in size. Staff believes that the time saved by processing these requests under delegation of authority would be more productively spent handling more critical ownership and environmentally sensitive issues. Controversial applications will continue to be submitted for Board of Trustees’ approval.

DEP staff will provide to each cabinet office a monthly status report listing those easement applications which staff contemplates processing, or has processed, under the delegation.

(See Attachment 3, Page 1)

RECOMMEND APPROVAL

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Item 4 Jones/Johnson Option Agreement/Board of Education/FAMU

REQUEST: Consideration of an option agreement to acquire 0.46 acre for the benefit of the Florida Board of Education and Florida Agricultural and Mechanical University from Harold C. Jones and Cynthia Y. Jones Johnson.

COUNTY: Leon

APPLICANT: Florida Agricultural and Mechanical University (FAMU)

LOCATION: Section 01, Township 01 South, Range 01 West

CONSIDERATION: $136,000

APPRAISED BY SELLER’S TRUSTEES’

Wright APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (02/12/02) VALUE PRICE PRICE DATE

Jones House 0.46 $137,000 $137,000 * $136,000 150 days after

(99%) BOT approval

* The sellers inherited the property from their parents in 1995.

Board of Trustees

Agenda – January 28, 2003

Page Six

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Item 4, cont.

STAFF REMARKS: The Department of Environmental Protection, Division of State Lands (DSL) assisted in negotiating this acquisition. Funds for the acquisition were appropriated during the 2001-2002 Legislative session and are still available.

The property is improved with a 2,925-square-foot, single-family home. The building will be used as additional office space for university staff.

All mortgages and liens will be satisfied at the time of closing. In the event the commitment for title insurance, to be obtained prior to closing, reveals any encumbrances that may affect the value of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

A title insurance policy, a survey and an environmental site assessment will be provided by the acquiring agency prior to closing.

This property will be managed by FAMU as part of the existing campus, through a lease to the Florida Board of Education.

This acquisition is consistent with section 187.201(01), F.S., the Education section of the State Comprehensive Plan.

(See Attachment 4, Pages 1-22)

RECOMMEND APPROVAL

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Item 5 Fitzgerald Option Agreement/Board of Education/UCF

REQUEST: Consideration of an option agreement to acquire 12.12 acres for the benefit of the Florida Board of Education and University of Central Florida from James P. Fitzgerald, Jr.

COUNTY: Orange

APPLICANT: University of Central Florida (UCF)

LOCATION: Section 10, Township 22 South, Range 31 East

CONSIDERATION: $2,700,000

APPRAISED BY SELLER’S TRUSTEES’

McCoy Church APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (07/15/02) (07/02/02) VALUE PRICE PRICE DATE

Fitzgerald 12.12 $2,700,000 $2,500,000 $2,700,000 $50,400* $2,700,000** 90 days after

(100%) BOT approval

* The seller, James P. Fitzgerald, Jr., currently holds an option on the property given by John M. Hofmann,

Trustee. The property was acquired by the Trust on January 7, 1992 for $576,000. The option was given as part of a

marital settlement agreement.

** $222,772 per acre

STAFF REMARKS: UCF negotiated this acquisition. Funds for the acquisition were appropriated during the 1999/2000 and 2001/2002 Legislative sessions, and are still available.

The property is located in the Central Florida Research Park, which is a 1,027 acre development located adjacent and to the south of the UCF main campus. The subject parcel is contiguous with United States Navy property. UCF will construct the “Partnership II” building and associated

Board of Trustees

Agenda – January 28, 2003

Page Seven

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Item 5, cont.

parking on the site. The facility will enhance the local area synergy among governments, academia and industry by housing multiple federal and state entities conducting collaborative research in the field of simulation and training systems technology and promoting civil an national defense initiatives. These efforts will extend the partnership already established between UCF and local components of the Department of Defense within the “Partnership I” facility. Department of Defense occupants will include elements of the U.S. Army Program Executive Office (Simulation Training and Instrumentation), Naval Air Warfare Center (NAVAIR Orlando) and U.S. Marine Corps Program Manager (Training Systems).

A title insurance policy, a survey and an environmental site assessment will be provided by the purchaser prior to closing. The seller will reimburse the purchaser’s cost of the title insurance premium and up to $450 for title abstracting and search, up to $5,000 for the environmental site assessment, and up to $2,500 for the survey.

This property will be managed by UCF through a lease to the Florida Board of Education as a joint civilian, government and military research area.

This acquisition is consistent with section 187.201(01), F.S., the Education section of the State Comprehensive Plan.

(See Attachment 5, Pages 1-29)

RECOMMEND APPROVAL

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Item 6 TNC Option Agreement/Apalachicola River Florida Forever Project

REQUEST: Consideration of an option agreement to acquire 500.81 acres within the Apalachicola River Florida Forever project from The Nature Conservancy, Inc.

COUNTY: Gadsden

LOCATION: Sections 34 and 35, Township 03 North, Range 07 West

CONSIDERATION: $1,291,021 ($1,224,480 for the acquisition; $27,245 for overhead costs; $39,296 for reimbursable expenses; plus holding costs of .02% of seller’s acquiring price per day, beginning on the day that the seller acquired fee title to the property and ending on the day before seller conveys title to the purchaser)

APPRAISED BY SELLER’S TRUSTEES’

Brown Griffith APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (06/12/02) (05/08/02) VALUE PRICE PRICE DATE

TNC 500.81 $1,309,000 $1,275,000 $1,309,000 $1,224,480* $1,291,021** 120 days after

(99%) BOT approval

* TNC purchased from St. Joe Timberland Co. of Delaware LLC in June 2002

** $2,578 per acre

STAFF REMARKS: The Apalachicola River project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 27, 2002. This project contains 14,841 acres, of which 7,729.40 acres have been acquired or are under

Board of Trustees

Agenda – January 28, 2003

Page Eight

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Item 6, cont.

agreement to be acquired by the Board of Trustees. After the Board of Trustees approves this agreement, 6,610.79 acres or 45 percent of the project will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between the Department of Environmental Protection’s (DEP) Division of State Lands and The Nature Conservancy, Inc. (TNC), TNC purchased this 500.81-acre parcel from St. Joe Timberland Company of Delaware, LLC. After this acquisition is approved, the Board of Trustees will compensate TNC $27,244 for overhead expenses, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. In addition, TNC will be compensated for reimbursable expenses and a holding fee, which represents agreed upon compensation for TNC to hold the property prior to sale. The holding period was necessary to resolve issues concerning access to the property. The option agreement further provides that in no event, will the purchase price of the property, plus reimbursable expenses and holding fees, exceed the DSL approved value of the property.

All mortgages and liens will be satisfied at the time of closing. The outstanding oil, gas and mineral lease will be extinguished prior to 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. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing.

A survey, title insurance policy, and an environmental site assessment will be provided by the seller. At closing, the purchaser will reimburse the seller’s cost of these products, approved seller’s closing costs, and seller’s holding fee.

The high plateaus, steep bluffs and deep ravines of the northern Apalachicola River valley are some of the most significant natural resources of the southeastern Coastal Plain. Covered with rich forests and dotted with unique sedgy glades, the area harbors many northern, rare, and endemic plants and animals, such as the nearly extinct Florida Torreya tree. By connecting Torreya State Park with a Nature Conservancy preserve to the south and with limestone glades to the north, and by protecting forests on the west bank of the river, the Apalachicola River project will help preserve the water quality of the river--which feeds the productive Apalachicola Bay--and the unique species and biological communities of the region, as well as provide the public with scenic areas for hiking, boat launching and other recreational pursuits.

This property will be managed by DEP’s, Division of Recreation and Parks as an addition to Torreya 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 6, Pages 1-29)

RECOMMEND APPROVAL

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Item 7 Shockley Option Agreement/Wekiva-Ocala Greenway Florida Forever Project

REQUEST: Consideration of an option agreement to acquire 554.47 acres within the Wekiva- Ocala Greenway Florida Forever project from Marie E. Shockley, et al.

Board of Trustees

Agenda – January 28, 2003

Page Nine

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Item 7, cont.

COUNTY: Lake

LOCATION: Sections 33 and 34, Township 17 South, Range 27 East

CONSIDERATION: $1,572,516

APPRAISED BY SELLER’S TRUSTEES’

Clayton Arline APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (06/05/02) (06/05/02) VALUE PRICE PRICE DATE

Shockley 554.47 $1,720,000 $1,485,000 $1,720,000 * $1,572,516 120 days after

(91%) BOT approval

* Property owned by Shockley family, accumulated over long period of time

** $2,836 per acre

STAFF REMARKS: The Wekiva-Ocala Greenway project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 27, 2002. The project contains 74,359 acres, of which 40,617.97 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 33,186.56 acres or 45 percent of the project will remain to be acquired.

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 as appropriate. Therefore, DEP staff will review, evaluate and implement an appropriate resolution for any title issues that arise prior to closing.

The terms of the option agreement provide that under a use agreement the seller may continue grazing cattle on the property following the date of closing. This will allow the seller sufficient time to move the cattle to other family-owned lands. The use agreement shall commence upon the state’s acquisition of the property and shall terminate on September 30, 2003, unless otherwise terminated by the seller.

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

The springs, rivers, lakes, swamps and uplands stretching north from Orlando to the Ocala National Forest are an important refuge for the Florida black bear, as well as other wildlife such as the bald eagle, swallow-tailed kite, Florida scrub jay and wading birds. Public acquisition of the Wekiva-Ocala Greenway will protect these animals, and the Wekiva and the St. Johns River basins by protecting natural corridors connecting Wekiva Springs State Park, Rock Springs Run State Reserve, the Lower Wekiva River State Reserve and Hontoon Island State Park with the Ocala National Forest. It will also provide the people of the booming Orlando area with a large, nearby natural area in which to enjoy camping, fishing, swimming, hiking, canoeing and other recreational pursuits.

The property will be managed by the U.S. Fish and Wildlife Service as part of the Ocala National 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 7, Pages 1-45)

RECOMMEND APPROVAL

Board of Trustees

Agenda – January 28, 2003

Page Ten

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Item 8 Sun Beach Investment Company Option Agreement/Managing Agency Designation/Management Policy Statement Modification/Confirmation/Three Chimneys Florida Forever Project

REQUEST: Consideration of (1) an option agreement to acquire 7.59 acres within the Three Chimneys Florida Forever project from Sun Beach Investment Company; (2) designation of Ormond Beach Historical Trust, Inc. as the managing agency; and (3) modification and confirmation of the management policy statement.

COUNTY: Volusia

LOCATION: Section 41, Township 14 South, Range 32 East

CONSIDERATION: $890,000

APPRAISED BY SELLER’S TRUSTEES’

Lobban APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (09/12/00) VALUE PRICE PRICE DATE

Sun Beach/ 7.59 $920,000 $920,000 $294,700 * $890,000 ** 120 days after

444 (97%) BOT approval

* The seller purchased the property in February 1994 for $294,700 per the documentary stamps on the deed. According to the seller

this was not an arms length transaction.

** $117,260 per acre

STAFF REMARKS: The Three Chimneys project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 27, 2002. The project contains 62 acres, of which these are the first to be acquired. After the Board of Trustees approves this agreement, 54.41 acres or 88 percent of the project will remain to be acquired.

Improvements on the subject site include the ruins of a sugar and rum distillery from the 18^th century British period, with two of the original three chimneys remaining. Once the property is acquired the Ormond Beach Historical Trust, Inc. (OBHT) will proceed with the stabilization and restoration of the ruins. OBHT will also be responsible for the demolition and removal of the remains of an abandoned house, pole barn and outbuildings currently on the property. The appraiser considered the cost of the demolition in the appraised value.

All mortgages and liens will be satisfied at the time of closing. There are some minor encroachments of power poles and other utilities on the property. The encroachment areas are too small to define in acreage. The appraiser has considered these encroachments in the appraisals and has determined that they do not have an adverse impact on the appraised value. There are some existing ditches that cross the property and have no easement per the title commitment. There also appears to be approximately 30 to 40 square feet of a storm water retention pond, from an abandoned miniature golf course, on the westerly boundary of the property that encroaches on the subject property. 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. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing.

A title insurance policy and a survey will be provided by the purchaser prior to closing. The OBHT is a party to the option agreement and has agreed to be responsible for the costs to abandon wells on the property if any, the clean up and removal of all abandoned personal property, refuse, garbage, junk, trash and debris.

An old live-oak hammock in the City of Ormond Beach protects the ruins of the oldest sugar and rum factory in Florida. This site was originally included in King George III’s 20,000 acre land grant to Richard Oswald in the 1700’s. It is listed in the Division of Historical Resource’s Florida

Board of Trustees

Agenda – January 28, 2003

Page Eleven

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Item 8, cont.

Master Site File as 8V0160. It has been determined eligible for listing in the National Register of Historic Places and should help answer questions about 18^th century industrial practices during Florida’s British Period (1763-1783). Currently only seven sites from Florida’s short-lived British Period are in public ownership. The purchase of the Three Chimney’s site would be an invaluable addition to the state’s historical treasure and will give the public an opportunity to see and learn about this site.

Pursuant to section 259.032(9)(e), F.S., staff recommends that the Board of Trustees designate OBHT as the managing agency for this site. It will be managed as a state historic site.

Section 259.032(9)(e), F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 2002 Florida Forever Annual Report adopted by the Board of Trustees on August 27, 2002. Staff recommends that the Board of Trustees modify and confirm the management policy statement, submitted by OBHT, as follows:

The management goals of the Three Chimneys project are threefold. First, to stabilize, preserve, restore, protect, maintain, interpret and manage in perpetuity the prehistoric middens and archaeological resources of the site, dating from the British Period. The OBHT aims to enhance public education, visitor appreciation and simultaneously allow compatible passive guest access. Sun-driven salt intrusion and tree root-caused damage has caused significant decay at Three Chimneys and must be stopped immediately. Next, it is our goal to enhance conservation and protection and perpetuate an irreplaceable old-growth hardwood forests, a natural hammock growing evermore scarce in Florida today. This action will include the development of a plan to protect and restore surface water resources and encourage wild life. Lastly, we will provide recreational activity areas and walking trails to be connected to the state/county/city and East Coast Greenway Association’s network of hiking/biking trails extending along the east coast of America, Maine to Key West and promote this site, thought to be one of the first British colonizations in Florida.

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 1-30)

RECOMMEND APPROVAL

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Item 9 The Nature Conservancy Charitable Trust Assignment of Option Agreement/ Blackwater River State Forest

REQUEST: Consideration of the acceptance of an assignment of an option agreement to acquire 204 acres within the Blackwater River State Forest from The Nature Conservancy Charitable Trust.

COUNTY: Santa Rosa

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

Board of Trustees

Agenda – January 28, 2003

Page Twelve

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Item 9, cont.

LOCATION: Section 01, Township 02 North, Range 27 West

CONSIDERATION: $546,008 ($530,400 for the acquisition; $15,608 for the purchase of the option agreement)

APPRAISED BY SELLER’S TRUSTEES’

Rogers APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (10/04/01) VALUE PRICE PRICE DATE

Estes 204 $550,000 $550,000 * $546,008** 03/15/03

(99%)

* Owner inherited the property in 1998

** $2,677 per acre

STAFF REMARKS: The Blackwater River State Forest has been identified on the DOF approved Florida Forever Inholdings and Additions list.

Pursuant to a multi-party acquisition agreement entered into between the Department of Environmental Protection (DEP), Division of State Lands and The Nature Conservancy Charitable Trust (TNC) and DOF, TNC has acquired an option to purchase this property from John Edward Estes. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $15,608 which represents the 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. This property has no apparent legal access but has physical access as it adjoins Blackwater River State Forest. This was considered by the appraiser and does not present a problem for management of the parcel. There are outstanding oil, gas and mineral interests on the property. The mineral owners’ rights of entry are barred by the Marketable Records Title Act. 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. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing

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

The acquisition of this property will provide additional points of access to Juniper Creek, afford natural resource conservation and allows additional outdoor recreation activities under a multiple-use management regime. Acquisition of this property will significantly improve the overall management of the Blackwater River State Forest.

The property will be managed by DOF as part of the Blackwater River 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 9, Pages 1-21)

RECOMMEND APPROVAL

Board of Trustees

Agenda – January 28, 2003

Page Thirteen

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Item 10 The Nature Conservancy Charitable Trust Assignment of Option Agreement/ Lake Wales Ridge Ecosystem Florida Forever Project

REQUEST: Consideration of the acceptance of an assignment of an option agreement to acquire 267.03 acres within the Lake Wales Ridge Ecosystem Florida Forever project from The Nature Conservancy Charitable Trust.

COUNTY: Polk

LOCATION: Sections 17, 19 and 20, Township 32 South, Range 28 East

CONSIDERATION: $634,992.80 ($617,640 for the acquisition; $17,352.80 for the purchase of the option agreement)

APPRAISED BY SELLER’S TRUSTEES’

Waller String APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (04/22/98) (04/22/98) VALUE PRICE PRICE DATE

ALICO 267.03 $700,000 $605,000 $665,000* $53,400** $634,992.80*** 120 days after

(95%) BOT approval

* The approved value reflects a 12 acre decrease for property retained by ALICO

** The property was acquired in February 1960

*** $2,378 per acre

STAFF REMARKS: The Lake Wales Ridge Ecosystem project is an “A” group project on the Florida Forever Small Holdings Project List approved by the Board of Trustees on August 27, 2002. The project contains 45,601 acres, of which 23,754 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 21,579.97 acres or 47 percent of the project will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between the Department of Environmental Protection’s (DEP) Division of State Lands and The Nature Conservancy Charitable Trust (TNC), TNC has acquired an option to purchase this 267.03 acre parcel from ALICO, Inc. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $17,352.80, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. The Board of Trustees may then exercise the option and purchase the property. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner.

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 an appropriate resolution for any title issues that arise prior to closing.

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

The high, sandy, Lake Wales Ridge, stretching south from near Orlando almost to Lake Okeechobee, was originally covered with a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is unique in the world - it is inhabited by many plants and animals found nowhere else - but it has almost completely been converted to citrus groves and housing developments. The Lake Wales Ridge Ecosystem project is designed to protect the best remaining tracts of this scrub and the ecosystems associated with it, thereby preserving several endangered species and allowing the public to see examples of the unique original landscape of the ridge.

The property will be managed by the Florida Fish and Wildlife Conservation Commission under a single-use concept as a unit of the Lake Wales Ridge Ecosystem.

Board of Trustees

Agenda – January 28, 2003

Substitute Page Fourteen

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Item 10, cont.

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 10, Pages 1-34)

RECOMMEND APPROVAL

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Substitute Item 11 The Nature Conservancy Charitable Trust Assignment of Option Agreement/ Fisheating Creek Florida Forever Project

REQUEST: Consideration of the acceptance of an assignment of an option agreement to acquire a conservation easement over 8,433.87 acres within the Fisheating Creek Florida Forever project from The Nature Conservancy Charitable Trust.

COUNTY: Highlands

LOCATION: Sections 20 through 29; and Sections 32 through 36, Township 39 South, Range 30 East

CONSIDERATION: $ 9,101,165 ($9,001,165 for the acquisition; $100,000 for the purchase of the option agreement)

APPRAISED BY SELLER’S TRUSTEES’

Holden Ryan APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (7/17/02) (7/17/02) VALUE PRICE PRICE DATE

Smoak 8,433.87 $9,790,000 $8,450,000 $9,790,000 * $9,101,165** 180 days after

(93%) BOT approval

* The property was purchased in several transactions over a period of approximately 12 years from 1981-1993.

** $1,079 per acre (The purchase price for the conservation easement is 65% of the fee value of $13,915,000.)

STAFF REMARKS: The Fisheating Creek project is an “A” group project on the Florida Forever Less-than-Fee Project List approved by the Board of Trustees on August 27, 2002. The project contains 176,760 acres, of which 51,393 acres have been acquired, protected by a conservation easement or are under agreement to be acquired or protected by a conservation easement. After the Board of Trustees approves this agreement, 116,933.13 acres, or 66 percent of the project, will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between the Department of Environmental Protection (DEP), Division of State Lands (DSL) and The Nature Conservancy (TNC), TNC has acquired an option to purchase a conservation easement on this 8,433.87-acre parcel from Smoak Groves, Inc. 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 Board of Trustees may then exercise the option and purchase the easement on the property. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the conservation easement 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 conservation easement exceed the DSL approved value of the easement on the property.

The proposed conservation easement will allow the owner to retain certain rights, which include but are not limited to the following:

· The right to observe, maintain, photograph, fish, hunt, introduce and stock native fish or wildlife on the property;

Board of Trustees

Agenda – January 28, 2003

Substitute Page Fifteen

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Substitute Item 11, cont.

· The right to add new construction, limited to five residential structures;

· The right to subdivide the property, limited to the number of new residential structures allowed in the easement and permitting no less than 1,500 acres for each structure;

· The right to graze cattle and improve pasture; and

· The right to harvest timber, only in areas that may in the future be converted to timber plantation from improved pasture.

Under the proposed conservation easement the property will be restricted in perpetuity by certain provisions of the easement, which include, but are not limited to, the following:

· Dumping of trash, waste, hazardous materials and soil will be prohibited;

· Mining and excavation by Grantor will be prohibited, except for an existing five-acre pit for non-commercial use only;

· Timber harvesting in any herbaceous or forested wetland area or open water will be prohibited;

· Citrus production will be prohibited; and

· Acts or uses detrimental to the preservation of property having historical, archeological or cultural significance will be prohibited.

All mortgages and liens will be satisfied or subordinated at the time of closing. The property is encumbered with outstanding oil, gas, and mineral interests however, the Florida Geological Survey has stated that based on current data there does not seem to be a great deal of potential for any large scale mineral resource development in the area. The appraisers considered the outstanding oil, gas and mineral interests in their appraisals. 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. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing.

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

Fisheating Creek, the only undammed tributary to Lake Okeechobee, flows through vast prairies and flatwoods. The Fisheating Creek project will acquire certain rights from landowners to help preserve natural areas, which link the Okaloacoochee Slough, Big Cypress Swamp the Babcock-Webb Wildlife Management Area and Lake Okeechobee, and help ensure the survival of the Florida Panther, swallow-tailed kite, and other animals and plants that require such natural lands. The project area contains numerous archaeological sites and connects the Fisheating Creek Watershed with the Lake Wales Ridge.

The conservation easement will be monitored by DEP’s Office of Environmental Services.

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 11, Pages 1-93)

RECOMMEND APPROVAL

Board of Trustees

Agenda – January 28, 2003

Page Sixteen

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Item 12 TPL Option Agreement/Monitor Designation/Management Policy Statement Confirmation/Millstone Plantation Florida Forever Project

REQUEST: Consideration of (1) an option agreement to acquire an assignment of a conservation easement over 92.81 acres within the Millstone Plantation Florida Forever project from The Trust for Public Land; (2) designation of the Division of State Lands, Office of Environmental Services as the monitor of the conservation easement; and (3) confirmation of the management policy statement.

COUNTY: Leon

LOCATION: Section 21, Township 02 North, Range 01 East

CONSIDERATION: $892,000

APPRAISED BY SELLER’S TRUSTEES’

Griffith Ketcham APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (06/27/02) (07/03/02) VALUE PRICE PRICE DATE

Conrad 92.81 $892,000 $745,000 $892,000 * $892,000** 90 days after

(100%) BOT approval

* The owner acquired the property over several years through inheritance and a court order.

** $9,611 per acre. The purchase price for the conservation easement is 53 percent of the fee value of $1,675,000, or

$18,047 per acre.

STAFF REMARKS: The Millstone Plantation project is an “A” group project on the Florida Forever Less Than Fee Project List approved by the Board of Trustees on August 27, 2002. The project contains 166 acres, of which these are the first acres to be acquired. After the Board of Trustees approves this agreement, 73.19 acres, or 44 percent of the project, will remain to be acquired.

The proposed conservation easement will allow the owner to retain certain rights, which include but are not limited to the following:

· The right to construct or move no more than 5 residential structures onto the property within a specified zone allowing a total of only 20,000 square feet of disturbance per residential site;

· The right to subdivide the property within a specified zone, not to exceed 7 total parcels;

· The right to maintain and reconstruct existing structures, fences, roads, and other facilities;

· The right to graze livestock and improve pasture;

· The right to conduct archeological studies under the direction of a qualified professional archaeologist;

· The right to conduct reasonable, managed, select, and sustainable silviculture practices and timber harvesting and replanting;

· The right to sustainable agriculture within a designated area;

· The right to utilize the property for environmental resource programs, to conduct ecological and aquatic biological research, and to pursue environmental educational facilities;

· The right to utilize the property for all resource-based recreational activities including, but not limited to, hunting, fishing, boating, horseback riding, hiking, and other related activities; and

· The right to construct limited structures for agricultural, recreational and environmental purposes.

Under the proposed conservation easement the property will be restricted in perpetuity by the following provision of the easement, which include, but are not limited to, the following:

· Timber harvesting in any herbaceous or forested wetland area or open water will be prohibited;

· Further construction of or the placing of new buildings, roads, signs, billboards, or other advertising, or other structures on or above the ground, beyond approved structures, will be prohibited;

Board of Trustees

Agenda – January 28, 2003

Page Seventeen

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Item 12, cont.

· Dumping or placing of contaminated soil, trash, liquid or solid waste, or unsightly, offensive, or hazardous materials, wastes, toxic wastes or substances, pollutants, or contaminants will be prohibited;

· Planting of any nuisance exotic plants will be prohibited;

· Only pesticides and herbicides approved by the United States Department of Agriculture, and only fertilizers approved by the Leon County, Florida, Agricultural Extension Agent will be permitted for use;

· Mining or excavation will be prohibited;

· Intentional, adverse impacts to threatened or endangered species, or species of special concern will be prohibited;

· Disruption, alteration, pollution, depletion, or extraction of existing surface or subsurface water flow or natural water sources will be prohibited; and

· Harvesting of living, healthy cypress, live oak, or long leaf pine trees with a diameter of more than 18” will be prohibited.

The conservation easement also provides for limited public access for cultural and environmental education programs to be carried out on the property for school children and the general public.

All mortgages and liens will be satisfied at the time of closing. The property is encumbered by multiple utility and access easements. The appraisers have determined that the easements are not detrimental to the value of the property. 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. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an 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.

The property includes significant shoreline on Lake McBride, which has low nutrient and pollutant levels and a nesting pair of bald eagles. Lake McBride is the headwaters of the Lake Lafayette watershed. According to The Nature Conservancy, the lakes of Leon County comprise one of the most important groups of solution lakes in the northern hemisphere. Most of these lakes hold sinkholes that breach the Floridan aquifer so it is important that they are afforded some protection from runoff. The property is a critical recharge area for the Floridian aquifer.

The property also consists of a mosaic of vegetated communities, a deeply incised Seepage Stream, and some open pasture. It falls within the “Red Hills” physiographic region, which consists of pine-dominated uplands of numerous karst sinkholes and lakes. The elevation of the property ranges from 140 to 225 feet above sea level. The Seepage Stream and karst lake serve as breeding, nesting and foraging areas for numerous wildlife species. The lands of Millstone Plantation encompass a number of highly significant archeological sites, many of which are recorded in The Division of Historic Resources Master Site File, representing a continuous pattern of settlement for over 10,000 years.

Pursuant to section 259.032(9)(e), F.S., staff recommends that the Board of Trustees designate Division of State Lands, Office of Environmental Services as the monitor of the conservation easement.

Section 259.032(9)(e), F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the

Board of Trustees

Agenda – January 28, 2003

Substitute Page Nineteen

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Substitute Item 13, cont.

DEP’s Cost of Federal Relocation Estimated Total to Seller’s Proposed Estimated Eminent

Seller Acquisition Costs (RHP) Seller by DEP/Federal Contract Price Domain Fees & Costs **

Bond $105,500 $ 99,415 $204,915 $ 350,000 $354,915+/-

Fort $108,436 $ 5,250 $113,686 $ 225,000 $263,686+/-

Kiewsida $142,930 $111,781 $254,711 $ 400,000 $404,711+/-

Wongpanich $126,015 $ 5,250 $131,265 $ 215,000 $281,265 +/-

$1,190,000

**Generally speaking DSL would spend $100,000 to $150,000 above the DSL approved value (DEP’s cost of acquisition) in eminent domain costs and fees. However, each case is specific and would be handled on a case-by-case basis. These are estimates based on past experience.

STAFF REMARKS: The Save Our Everglades project is an “A” group project on the Florida Forever Small Parcel Project List approved by the Board of Trustees on August 27, 2002. That portion of the project lying south of I-75, commonly referred to as Golden Gate Estates South, contains 55,247.17 acres, of which 51,265.07 acres have been acquired or are under agreement to be acquired, leaving 3,981.98 acres, or 7 percent, remaining to be acquired. The Golden Gate Estates South portion of this project includes the Southern Golden Gate Estates (SGGE) subdivision and surrounding acreage tracts bordered by I-75 to the north, US-41 to the south and the Fakahatchee Strand and Belle Meade Florida Forever projects to the east and west, respectively.

On January 23, 2001, the Board of Trustees recognized that (1) property within the Save Our Everglades Florida Forever project lying south of I-75 is of special importance to the state; (2) the acquisition of the land is necessary to protect hydrological connections among Big Cypress National Preserve, Fakahatchee Strand State Preserve, and Everglades National Park, and to protect and restore the Everglades, which is an endangered natural resource of unique value to the state; and (3) the failure to acquire this property will result in irreparable loss to the state and seriously impair the state’s ability to manage or protect other state-owned lands. The Department of Environmental Protection (DEP) has since been directed by the Board of Trustees to proceed with acquisition of the parcels in Phases XII-A.

As part of the Everglades Restoration Project, DEP has committed itself to the acquisition of the Golden Gate Estates South properties by the end of June 2003 to make the land available to the South Florida Water Management District (SFWMD). SFWMD’s construction project will restore the land to its natural state in order to restore the hydrologic conditions in the western Everglades. The roads and canals will be removed and water flow will be restored across this area in order to recreate wetlands to benefit the Everglades and restore fresh water flow to protect coastal estuaries.

In order to restore the land, SFWMD will have to remove the roads, canals and other improvements. This will include all of the residences, recreational facilities and other structures within this 55,247.17-acre project area, excepting those structures to be used for management purposes. In order to meet the project timetable and avoid costly delays, it is requested that the Board of Trustees authorize DEP to proceed with filing eminent domain actions to acquire the homestead properties within the project area, even without the homeowner’s consent to the action. DEP has been unable to obtain the written permission from each remaining homeowner to file the necessary eminent domain actions. The owner of each homestead displaced will receive relocation and replacement housing benefits under the Federal Uniform Relocation Assistance and Real Property Policies Act of 1970. This will include comparable replacement housing that is decent, safe, and sanitary, functionally equivalent to the displacement dwelling, and adequate in size to accommodate the occupants. The filing of these eminent domain actions will require a waiver of the Board of Trustee’s policy that eminent domain will not be exercised to acquire a homestead without the written approval of the owner.

Board of Trustees

Agenda – January 28, 2003

Substitute Page Twenty

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Substitute Item 13, cont.

Three of the five current land owners who have applied for homestead exemption with the taxing authority in Collier County, Florida have executed a Contract for Sale and Purchase for which the purchase price agreed to by the sellers exceeds the value of the lands as established pursuant to the Save Our Everglades (Golden Gate Estates South) Florida Forever project acquisition delegation approved on July 11, 2000.

These four parcels owned by three owners are either the owner’s primary residence or the owner would qualify under the Federal Relocation Program as a displaced homeowner. Additionally these owners qualify for Federal Relocation Housing Payments (RHP). In addition, one of the parcels that was formally in eminent domain has been voluntarily dismissed by the Office of the Attorney General. The Office of the Attorney General returned the file to DSL for determination of owner’s benefits. It has been determined that the owner did not qualify for homestead exemption but does qualify for Federal Relocation Housing Payments (RHP). After discussions with legal counsel for the eminent domain process, DEP staff believes it to be in the best interest of the Board of Trustees to accept the counter-offer made by the sellers. Alternatively, should the Board of Trustees fail to approve these contracts, DEP staff is requesting a waiver of the Board of Trustees’ eminent domain policy that eminent domain will not be exercised to acquire a homestead without the written approval of the owners and acquire such lands by the exercise of the power of eminent domain.

The authority requested for eminent domain covers all parcels contained herein.

Public acquisition is essential to continue the conservation, preservation and restoration of this endangered portion of the western Everglades ecosystem that is a vital component of the Comprehensive Everglades Restoration Plan (CERP). Conserving this land is critical to the ecosystem in the western Everglades, its wildlife and the water quality throughout the area.

In 1996, the hydrological restoration plan was identified as a "Critical Project" under the Federal Water Resources Development Act making it eligible for federal funds. The project was subsequently added to CERP.

The acquisition will allow the restoration of significant wetlands crucial to the reestablishment of the historic water flow pattern in the western Everglades. Nearly half of this region's water flows into Everglades National Park.

Purchasing this portion of the Save Our Everglades Florida Forever project will also help preserve and restore the fresh water flow necessary for maintaining the rich productivity of Gulf Coast estuaries, such as Rookery Bay and the Ten Thousand Islands. Moreover, the timely implementation of the hydrological restoration plan will restore important habitat for numerous endangered and threatened species, including the Florida panther, one of the world's most endangered mammals.

Public acquisition of this portion of the Save Our Everglades Florida Forever project will preserve a large piece of South Florida's unique ecosystem. Ultimately, this will contribute to the formation of a continuous public conservation corridor extending across South Florida from the Gulf Coast to approximately ten miles from the Atlantic Ocean. It will help protect the western Everglades ecosystem from encroachment of residential, commercial and industrial development.

Board of Trustees

Agenda – January 28, 2003

Substitute Page Twenty-one

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Substitute Item 13, cont.

remaining land within the project area have been presented to the landowners in multiple phases. To date, parcels within Phases I, II, III, IV, V, VII, VII-A, VIII, IX, IX-A, X, XI and XI-A that cannot be acquired voluntarily are being processed through the court system of Collier County.

In the event one or more of the parcels placed under contract cannot close for any reason, the authority requested today covers all 4 parcels. Parcels under contract will be held by DSL and only parcels that have reached impasse or parcels that cannot be closed by voluntary means will be turned over to the Office of the Attorney General.

Section 259.041(14), F.S., authorizes the Board of Trustees, by majority vote of all of its members, to direct DEP to exercise its power of eminent domain pursuant to the provisions of chapters 73 and 74, F.S. Eminent domain may be used to acquire any of the property on the Florida Forever “A” group project priority list if (1) the state has made at least two bona fide offers to purchase the land through negotiation and an impasse between the state and the land owner has been reached; and (2) the land is of special importance to the state because (a) it involves an endangered or natural resource and is in imminent danger of being developed; (b) it is of unique value to the state and failure to acquire the property would constitute an irreparable loss to the state; or (c) the failure to acquire the property would seriously impair the state's ability to manage or protect other state-owned lands.

The parcels included in Phase XII-A of the Save Our Everglades Florida Forever project, and any parcel that has not been settled or sent to eminent domain, even if there is an executed contract that is unable to close, lying south of I-75 meet these criteria: (1) the state has made at least two bona fide offers and has been unable to acquire these parcels through negotiation; and (2) in section 373.4592(1), F.S., the legislature has recognized that the Everglades ecological system is unique in the world and one of Florida’s great treasures. They also recognize that the CERP is important for restoring the Everglades ecosystem and sustaining the environment, economy, and social well being of South Florida. The Everglades ecological system is endangered as a result of adverse changes in water quality, and in the quantity, distribution, and timing of flows and, therefore, must be restored and protected. The hydrological restoration of these lands is an essential component of the CERP.

Pursuant to the Board of Trustees’ eminent domain policy, DSL has mailed proper notice to all owners of record in Phase XII-A at least 45 days prior to this Board of Trustees’ meeting. In accordance with the eminent domain policy, the notice advised the owners that homesteaded property was exempt from eminent domain without the owner’s written permission. As of January 14, 2003 at 5:00 p.m., no responses to the written notice had been received.

If the Board of Trustees approves this item, DSL intends to amend its existing contract with the Office of the Attorney General to handle the condemnation of these parcels. DSL staff has reviewed the current tax rolls for Collier County, Florida, and status of negotiations for remaining parcels and does not expect to tender additional second bona fide offers. However, should additional second bona fide offers be required, staff will return to the Board of Trustees to seek authority to pursue those parcels that have reached impasse or parcels that cannot be closed by voluntary means.

The property will be managed by DOF as an addition to Picayune State Forest. DEP’s Division of Recreation and Parks will manage the property in the area east of the Faka Union Canal. SFWMD will coordinate the implementation of the hydrologic restoration project.

These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 13, Pages 1-39)

RECOMMEND APPROVAL

Board of Trustees

Agenda – January 28, 2003

Substitute Page Twenty-two

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Substitute Item 14 Waiver of Eminent Domain Policy/Eminent Domain Authorization/DOA/Save Our Everglades Florida Forever Project (Phases VI & XII)

REQUEST: Consideration of a request to (1) obtain a waiver of the Board of Trustees’ eminent domain policy that eminent domain will not be exercised to acquire a homestead without the written approval of the owner; (2) direct the Department of Environmental Protection to acquire by the exercise of the power of eminent domain pursuant to the provisions of chapters 259, 73 and 74, F.S., fee simple title to all remaining land within the portion of the Save Our Everglades Florida Forever project (Phases VI and XII) lying south of I-75 on which two bona fide offers have been made; and including any parcel that has not been settled or sent to eminent domain, even if there is an executed contract that is unable to close; (3) obtain authority to exercise the power of eminent domain concerning claimed prescriptive rights, if any, to all roadways, rights-of-way or primitive roads/dirt farm trails within the project area to include, but not limited to, that certain Miller Boulevard Extension running a mile plus or minus to the north of U.S. 41, along and into the Golden Gate Estates South project area; and (4) delegate authority to the Secretary of the Department of Environmental Protection, or his designee, to accomplish the acquisitions as described herein through negotiation or condemnation, including authority to prepare and execute all necessary parcel-specific condemnation resolutions.

COUNTY: Collier

History to Date:

All property must be titled in the State of Florida before construction within the Golden Gate Estates South area can begin. It is anticipated that Congress will be asked in either the spring or fall of 2003 to approve the construction funding, with construction to begin in early 2004. We have used federal funds in a joint participation agreement to acquire the land. This Federal Grant expires on December 31, 2003. All acquisition needs to be completed by December 31, 2003 in order to assure maximum federal participation in the acquisition process.

Board of Trustees

Agenda – January 28, 2003

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Substitute Item 14, cont.

Time Challenges in Acquiring Remaining Parcels:

To assure all land is titled in the State of Florida by the end of 2003, all lawsuits for eminent domain must be filed by June 15, 2003. This will provide sufficient time to identify ownership in order to be assured the proper party is named in the lawsuit or all remaining properties within the project boundaries are identified. It must be remembered that roads will need to be abandoned by the county once the state has acquired all abutting property in order to obtain free and clear use of the land for the construction project. This will take some time after title is perfected in order to provide public notices and hearings on the abandonment. Simply obtaining title does not complete the litigation. There is still the trial or mediation process to resolve the compensation issue. If these issues need to be closed out by the end of 2003 in order to obtain maximum federal funding, then the earlier the parcels are put into litigation, the better chance of timely completion.

The approval by the Board of Trustees is just the first step in the eminent domain process. Once the approval for the use of eminent domain is obtained, the files are forwarded to the Office of the Attorney General. The Attorney General's Office will conduct title searches. Pleadings must be prepared and hearing times obtained from the court before the lawsuit can be served on the appropriate parties. Since many of the owners are out of state or difficult to locate, notice of the action must also be published in a local newspaper once a week for two consecutive weeks. Copies of the petition are then mailed to the out-of-state defendants. It takes approximately 90 days to assure that proper service and timely notice of the hearing to acquire title is provided. An action that is filed in May will most likely not be heard by the court for three months at the earliest. There are often continuances granted for these hearings, so there is no assurance that all hearings would be held within the 90 days. Title does not pass to the state until a deposit is made into the court registry, which occurs within 20 days after the court enters its order of taking.

There is also the issue of clearing the property after the state obtains title. Often the court will allow the occupants of the property to stay on after title passes to the state. This issue is especially important in the case of homestead or occupied property in order to allow sufficient time to locate replacement housing.

As long as there are parcels to be acquired, the state does not have full control of the project area in order to protect the land from garbage disposal or environmental degradation. The majority of the property has been acquired, but any tracts in private ownership reduce the ability of the managing agency, the Department of Agriculture and Consumer Services, Division of Forestry (DOF), to control access and use of the area. The longer the process takes, the more likelihood that additional people could move into the project area and attempt to qualify for relocation benefits paid by the state. This relocation process also takes time.

IIt is in the best interest of the State of Florida to move as quickly as possible to obtain title to all parcels within the Golden Gate Estates South project area for these reasons:

to allow appropriate time to obtain Orders of Taking and conduct other eminent domain proceedings required to obtain 100% ownership of the project area;
to allow appropriate time to hold trials to determine the value of the six parcels owned by five landowners requesting compensation well in excess of the federal guidelines for compensation benefits;
to allow time to negotiate a settlement with the Miccosukee Indian Tribe and other remaining landowners in the eminent domain process within the time constraints given by the federal grant;

to allow appropriate time to relocate qualified persons;
to allow appropriate time to abandon public roads, rights-of-way or primitive roads and dirt farm trails within the project area;

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Agenda – January 28, 2003

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Substitute Item 14, cont.

to obtain full management control of the entire project area;
to prevent continued garbage dumping and other environmental degradation of the area that is actively occurring in the area;
to prevent private citizens from moving onto abandoned state-owned parcels with abandoned mobile homes on the state-owned parcels and living on these parcels in an attempt to qualify and collect federal relocation benefits at a continuing financial cost to the acquisition program;
to prevent continued vandalism and destruction of mobile homes and other structures now owned by the state, but not yet cleared from the properties, and allow DOF opportunity to implement its management plans to protect the state’s interest in the lands acquired until restoration begins;
to prevent the possibility of the five homestead landowners remaining to further construct, renovate or build additional un-permitted structures at an additional land acquisition cost. Or in the alternative, by the construction of said structures without permits issued from the Building and Code Enforcement office for Collier County, the possibility of additional fines, penalties and other judgments being placed on the remaining properties, at an additional cost and payment by the state as part of the land acquisition program for this project;
to prevent injury or loss of life to managing agency personnel by the careless acts of others (i.e. private citizens growing marijuana on public land as verified in a recent news report) while managing that portion of the Golden Gate Estates South project area in state ownership, pending acquisition of the remaining acreage;
to protect the state’s vested interest in the acquisition of the lands to date (i.e. as of November 30, 2002, over $89 million state and federal acquisition dollars have been expended); and
to comply with the terms and provisions of the federal grant and complete the land acquisition process by December 31, 2003.

Any delay in providing eminent domain approval also encourages the remaining potential relocatees to procrastinate in finding replacement housing and discourages the owner from completing the necessary negotiations to resolve the issue of relocation benefits.

Remaining parcels to be acquired (Phase VI and Phase XII):

Phase VI:

Phase VI in its entirety is owned by the Miccosukee Indian Tribe and consists of three parcels totaling 800 acres, more or less, of land within the Golden Gate Estates South project area known as South of the Border. The staff of the Office of Attorney General has determined these parcels qualify under the eminent domain provisions set forth in chapters 259, 73 and 74, F.S.

One of the parcels owned by the Miccosukee Indian Tribe is located along Miller Boulevard Extension, a primitive road/dirt farm trail located in the southwestern most boundary of the project. At this time, negotiations for a settlement agreement between the Collier County Commissioners and the owners along the extension, to include the Board of Trustees, have essentially stopped. Thus any claimed prescriptive easement rights by Collier County are scheduled to be determined in the local court system. All parcels along the Miller Boulevard Extension have been purchased at an Order of Taking hearing, or have been purchased by the Board of Trustees, excluding the parcel owned by the Miccosukee Indian Tribe.

Phase XII:

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Substitute Item 14, cont.

purposes. In order to meet the project timetable and avoid costly delays, it is requested that the Board of Trustees authorize DEP to proceed with filing eminent domain actions to acquire the homestead properties within the project area, even without the homeowner’s consent to the action. DEP has been unable to obtain the written permission from the two remaining homeowners to file the necessary eminent domain actions. The owner of each homestead displaced will receive relocation and replacement housing benefits under the Federal Uniform Relocation Assistance and Real Property Policies Act of 1970. This will include comparable replacement housing that is decent, safe, and sanitary, functionally equivalent to the displacement dwelling, and adequate in size to accommodate the occupants. The filing of these eminent domain actions will require a waiver of the Board of Trustees’ policy that eminent domain will not be exercised to acquire a homestead without the written approval of the owner.

There are two owners who also have been identified as qualifying for homestead status and would fall under the Board of Trustees’ homestead eminent domain policy. These parcels are either the owner’s primary residence or the owner would qualify under the Federal Relocation Program as a displaced homeowner. Any Federal Relocation Housing Payment (RHP) or relocation payment for displaced homeowner would be in addition to the payment for the property through the land acquisition effort of DEP’s Division of State Lands (DSL) staff. Negotiations are at an impasse with these remaining homestead landowners. It is the opinion of the staff from the office of Attorney General handling the eminent domain caseload that the value of these two homestead parcels should best be determined through the eminent domain process. To allow enough time for potential jury trials, the authority to acquire these parcels by the exercise of the power of eminent domain pursuant to the provisions of chapters 259, 73, and 74, F.S., must be granted DSL staff.

Additionally, there are eight parcels in private ownership that have been served with the required second bona fide offer and these parcels are part of the Phase XII. These parcels, located in different areas of the project, were inadvertently left off of previous requests for eminent domain.

Rights-of-Way:

Staff is requesting authority to exercise the power of eminent domain concerning claimed prescriptive rights, if any, to all roadways, rights-of-way or primitive roads/dirt farm trails within the project area. This request is made in order to clear and provide fee simple title to all the land contained within the project boundary.

The authority requested for eminent domain covers all parcels contained herein.

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Substitute Item 14, cont.

numerous endangered and threatened species, including the Florida panther, one of the world's most endangered mammals.

Offer Information:

On July 11, 2000, the Board of Trustees authorized DEP’s Director of the Division of State Lands (DSL), or her designee, to extend bona fide offers and approve any contract for the sale and purchase of land at $5,000 over or up to 125 percent of the appraised value, whichever is greater, when the purchase price per parcel does not exceed $50,000, and at up to 125 percent of the appraised value when the purchase price per parcel exceeds $50,000. Offers to purchase the remaining land within the project area have been presented to the landowners in multiple phases. To date, parcels within Phases I, II, III, IV, V, VII, VII-A, VIII, IX, IX-A, X, XI and XI-A that cannot be acquired voluntarily are being processed through the court system of Collier County.

Negotiations for the acquisition of the remaining 13 parcels within Phase VI and XII have reached an impasse; however, the bona fide offer requirement of section 259.041(14), F.S., has been satisfied. In the event one or more of the parcels placed under contract cannot close for any reason, the authority requested today covers all 13 parcels. Parcels under contract will be held by DSL and only parcels that have reached impasse or parcels that cannot be closed by voluntary means will be turned over to the Office of the Attorney General.

The parcels included in Phase VI and in Phase XII of the Save Our Everglades Florida Forever project, and any parcel that has not been settled or sent to eminent domain, even if there is an executed contract that is unable to close, lying south of I-75 meet these criteria: (1) the state has made at least two bona fide offers and has been unable to acquire these parcels through negotiation; and (2) in section 373.4592(1), F.S., the legislature has recognized that the Everglades ecological system is unique in the world and one of Florida’s great treasures. They also recognize that the CERP is important for restoring the Everglades ecosystem and sustaining the environment, economy, and social well being of South Florida. The Everglades ecological system is endangered as a result of adverse changes in water quality, and in the quantity, distribution, and timing of flows and, therefore, must be restored and protected. The hydrological restoration of these lands is an essential component of the CERP.

Pursuant to the Board of Trustees’ eminent domain policy, DSL has mailed proper notice to all owners of record in Phase VI and in Phase XII at least 45 days prior to this Board of Trustees’ meeting. In accordance with the eminent domain policy, the notice advised the owners that homesteaded property was exempt from eminent domain without the owner’s written permission.

Board of Trustees

Agenda – January 28, 2003

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Substitute Item 14, cont.

As of January 14, 2003 at 5:00 p.m., only one response to the written notice had been received. The respondent did not object to the use of eminent domain

These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 14, Pages 1-20)

RECOMMEND APPROVAL

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Item 15 BOT/Swire Properties, Inc./City of Miami Consolidated Final Order

REQUEST: Request for approval of (1) a Consolidated Final Order adopting an Administrative Law Judge’s Recommended Order; and (2) delegation of authority to the Secretary of the Department of Environmental Protection to sign the Consolidated Final Order in Swire Properties, Inc./Brickell Key Marina Final Order

COUNTY: Miami-Dade

Application no. 13-0132744-001

APPLICANTS: Swire Properties, Inc. (d/b/a Brickell Key Marina) and the City of Miami

LOCATION: Section 07, Township 54 South, Range 42 East, in Biscayne Bay, within the local jurisdiction of the city of Miami

Aquatic Preserve: Biscayne Bay, Resource Protection Area 1

Outstanding Florida Waters: Yes, Class III

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

Manatee Aggregation Area: No

Manatee Protection Speed Zone: Yes, slow speed zone

STAFF REMARKS: This is a request for approval of a Consolidated Final Order (CFO) adopting an Administrative Law Judge’s Recommended Order and delegation of authority to the Secretary of the Department of Environmental Protection to sign the CFO. On March 13, 2001, the Board of Trustees denied an application from Swire Properties, Inc., d/b/a Brickell Key Marina, and the City of Miami which proposed to construct a 106-slip, commercial multi-use marina facility and a 6-slip law enforcement facility and office space. The applicants sought to construct the facility on the western shoreline of Brickell Key Island, located just south of the mouth of the Miami River in downtown Miami. The sovereignty submerged lands, however, are located in the Biscayne Bay Aquatic Preserve. As a result of the denial, the applicants filed an administrative appeal with the Department of Environmental Protection (DEP). Subsequently, the applicants submitted a modified application, which proposed a 62-slip, commercial multi-use

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Item 15, cont.

marina facility and a 6-slip law enforcement facility and office space for the City of Miami’s Marine Patrol Unit. The 62 slips would consist of 20 multifamily residential power boat slips, 7 courtesy/transient power boat slips, and 35 sailboat slips which would be available on a first-come, first-served basis. The total lease area proposed was 49,100 square feet. The administrative law judge (ALJ), from the Division of Administrative Hearings (DOAH), stayed the proceedings while the Board of Trustees considered the modified application. The Board of Trustees denied the modified request on November 27, 2001 because rule 18-18, F.A.C., governing activities in Biscayne Bay Aquatic Preserve, prohibited further commercial docking facilities unless there was “extreme hardship” and they were in the public interest. The applicant did not demonstrate extreme hardship or that the project was in the public interest. Accordingly, the ALJ lifted the stay and the matter proceeded to an administrative hearing.

On September 4 and 5, 2002, an ALJ held a final administrative hearing. Save the Manatee Club and Friends of the Everglades intervened as respondents supporting the Board of Trustees and DEP. On October 24, 2002, in light of the evidence provided at the hearing, the ALJ issued a Recommended Order in which he upheld the Board of Trustees’ denial of both applications. The proposed Consolidated Final Order adopts the DOAH Recommended Order in its entirety. The administrative law judge found that the applicant/petitioners have not shown that their requested lease of sovereignty submerged lands in the Biscayne Bay Aquatic Preserve meets with the “extreme hardship” and “public necessity” criteria established by the Legislature in 1974 by the enactment of section 258.165, F.S. (Supp 1974) Since the applicant/petitioners are not entitled to the proprietary lease from the Board of Trustees, they are also not entitled to the related regulatory permit from DEP due to the “concurrent permit review” provisions of section 373.427(3), F.S., and section 62-343.075(2), F.A.C.

(See Attachments 15, Pages 1-56)

RECOMMEND APPROVAL OF (1) THE CONSOLIDATED FINAL ORDER ADOPTING THE RECOMMENDED ORDER; AND (2) DELEGATION OF AUTHORITY TO THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION TO SIGN THE CONSOLIDATED FINAL ORDER

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Item 16 U. S. Army Corps of Engineers/Dixie County Public Easement

REQUEST: Consideration of an application for (1) a 22.72 acre, more or less, public easement for a dredged federal navigation channel granted to the local sponsor, Dixie County; (2) authorization for the severance of approximately 112,000 cubic yards of sovereignty material; (3) authorization to construct an approximately 400-foot-long bulkhead and minimum spoiling on approximately 0.3 acres of sovereignty submerged lands; and (4) a public easement granted to Dixie County to spoil on approximately 17.5 acres of sovereignty submerged lands and placement of wave-energy attenuating artificial reef structures.

COUNTY: Dixie

Application No. 15-187373-001-EI

APPLICANT: U.S. Army Corps of Engineers

(Local Sponsor: Dixie County)

LOCATION: Sections 23, 35, and 36, Township 13 South, Range 11 East, in the Gulf of Mexico and the Suwannee River, Class II and III Waters, near the town of Suwannee

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Item 16, cont.

Aquatic Preserve: Yes, Big Bend Seagrasses (navigation channel excluded), Resource Protection Area 3

Outstanding Florida Waters: Yes

Designated Manatee County: No

Manatee Aggregation Area: No

CONSIDERATION: No fees are required for public easements at this time. 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 for denial 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 activities, 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 Board of Trustees has delegated certain review and decision-making authority regarding the use of sovereignty submerged lands to DEP pursuant to section 18-21.0051, F.A.C. Requests for sovereignty submerged lands public easements are delegated to DEP for approval. However, pursuant to section 18-21.0051(4), F.A.C., DEP is presenting this item for consideration by the Board of Trustees because of the potential controversial nature and location of the proposed spoiling.

The applicant is proposing to maintenance dredge McGriff Pass (a/k/a Wadley Pass), a federally authorized navigation channel leading into the Gulf of Mexico from the mouth of the Suwannee River. The channel is approximately 2.5 miles long and is to be maintained with a design depth of 6 feet mean low water and a width of 75 feet. The navigation channel requires a public easement. Due to federal rules, the applicant states that they cannot be the easement holder, and that the local sponsor for the project would be the responsible entity. If the project is approved by the Board of Trustees, a public easement will be prepared in the name of Dixie County, the local sponsor. The maintenance dredging will sever approximately 112,000 cubic yards of sovereignty material. A hydraulic dredge will be used to excavate the material. Within the channel, the dredging will eliminate approximately 2.25 acres of scattered rubble and 0.25 acres of exposed oyster beds. Also, a 0.5-acre area of sparse seagrasses (Halodule wrightii) is located within the channel limits. The applicant states that the seagrasses will not be dredged and will be marked prior to dredging by the Suwannee River Water Management District (SRWMD). The McGriff Pass channel is a federally authorized navigation channel and therefore is excluded from the aquatic preserve pursuant to section 258.40(2), F.S.

The applicant is proposing to place the severed material over the sovereignty submerged lands surrounding the shorelines of two existing natural islands; Little Bradford and Cat Islands, located in the Gulf of Mexico. Both islands are located within the Big Bend Seagrasses Aquatic Preserve. Little Bradford Island is part of the Lower Suwannee National Wildlife Refuge and is managed by the US Fish and Wildlife Service (USFWS). Cat Island is a privately owned upland island. Both islands contain historic resources that are being exposed due to ongoing erosion of the island shorelines. The historic resources include human burials, ceramic shards and flakes. Both islands are recorded archaeological sites (8DI29 and 8DI32) with the Department of State, Division of Historical Resources.

The applicant is proposing to spoil on sovereignty submerged lands along the shoreline of Little Bradford Island to protect existing historic resources. The spoiling around Little Bradford Island will involve the construction of a 400-foot-long bulkhead and minimum spoiling behind the

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Item 16, cont.

bulkhead on approximately 0.3 acres of sovereignty submerged lands. The applicant states that no aquatic resources other than open water will be affected by the spoiling along the island.

To protect existing historic resources on Cat Island the applicant is proposing to spoil on approximately 17.5 acres of sovereignty submerged lands and place two to three rows of wave-energy attenuating artificial reef structures to contain the material. The height of the spoiling will be kept below the mean high water elevation to avoid creating new upland areas. The applicant states that no aquatic resources other than open water will be affected by the spoiling along the island. The spoiling areas can be classified as Resource Protection Area (RPA) 3 which is defined as areas characterized by the absence of any significant natural resource attributes. There is one 0.22-acre oyster bed within the Cat Island spoiling footprint. The oyster bed can be classified as RPA 1 which is defined as areas which have resources of the highest quality and condition for that area. The applicant will spoil around, but not on, the oyster bed and will leave a tidal channel to the open waters of the Gulf of Mexico. The spoiling area around Cat Island will be planted with Spartina alterniflora to further stabilize the material. The applicant states that the planting will be monitored by the SRWMD semi-annually for a maximum of three years. Pursuant to section 18-21.005(1)(d)6, F.A.C., the spoil placement and artificial reef containment structures require a public easement.

Section 258.42(3)(a), F.S., states that no further dredging or filling of submerged lands shall be approved in aquatic preserves. However, one exception to this prohibition is such minimum dredging and spoiling as may be authorized for public navigation projects. It is staff’s opinion that the spoiling along Little Bradford Island is minimal and consistent with section 258.42(3)(a)1, F.S., and would protect historic resources. The island is in public ownership and the protective measures are supported by the USFWS, manager of the Lower Suwannee National Wildlife Refuge. The Division of Historical Resources has submitted a letter in support for the protection of the historic resources on Little Bradford Island.

It is staff’s opinion that the spoiling around Cat Island is more than minimum and therefore is contrary to section 258.42(3)(a)1, F.S. Section 18-20.004(3)(d), F.A.C., states that disposal within the preserve shall be strongly discouraged and may be approved only where the applicant has demonstrated that there is no other reasonable alternative and that the activity may be beneficial to, or at a minimum, not harmful to the quality and utility of the preserve. It is staff’s opinion that the proposed spoiling is contrary to section 18-20.004(3)(d), F.A.C., in that the applicant has not demonstrated that reasonable alternatives are not available, has not demonstrated that the proposed spoiling will be beneficial to the sovereignty submerged lands in the preserve, and has not demonstrated that the spoiling will not be harmful to the quality of the preserve. Section 18-20.006(1), F.A.C., requires an evaluation of the number and extent of similar human actions within the preserve, which have previously affected or are likely to affect the preserve. It is staff’s opinion that the project is contrary to section 18-20.006(1), F.A.C., in that the applicant has not provided any information concerning future maintenance dredging and disposal location(s) of the severed material to evaluate the cumulative effect(s) within the preserve. Section 18-20.006(3), F.A.C., requires an evaluation of the direct and indirect effects upon the preserve and adjacent preserves, if applicable, which may reasonably be expected to result from the activity. It is staff’s opinion that the project is contrary to 18-20.006(3), F.A.C., in that the applicant has not provided reasonable assurances that the spoil material will not become resuspended in the water column or subject to erosion from tidal flows which may cause harmful shoaling or adversely affect nearby resources within the preserve. It is staff’s opinion that the applicant has not demonstrated that the proposed spoiling around Cat Island is “in the public interest” pursuant 258.42(1)(a), F.S. The Division of Historical Resources has submitted a letter in support for the protection of the historic resources on Cat Island.

Staff recommends that the proposed spoiling around Cat Island be significantly reduced to the minimum necessary to meet the goal of protecting the historic resources and include a containment structure. The modification should be similar in design and scope as the proposed Little Bradford Island protective measures. The applicant should identify a suitable site, not

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Item 16, cont.

located on sovereignty submerged lands, for the remaining severed material. The applicant originally proposed using four permanent disposal sites located on the mainland but opted to not pursue this alternative. The applicant did not propose any other alternative mainland sites beyond the four original sites. An alternative the applicant could investigate is disposal of the severed material outside of state territorial waters. Within the Gulf of Mexico state territorial waters extend out a distance of 9 miles. The applicant did approach the USFWS to explore the feasibility of utilizing non-sovereignty lands within the wildlife refuge for spoil disposal. However the USFWS in a December 18, 2002 letter stated that such an activity is incompatible with the purpose of the refuge and therefore cannot be allowed. A local resident within the town of Suwannee has offered to donate approximately 200 acres of salt marsh within the town limits for use as a spoiling site. This site is not located within the aquatic preserve however significant resource and possible sovereignty submerged lands issues would have to be adequately addressed prior to utilizing the area. During a November 2000 site visit to the town of Suwannee, a small upland parcel adjacent to the water treatment plant was for sale. The applicant could explore the feasibility of constructing a spoil disposal facility on this parcel. All of the potential alternative sites have been discussed at multiple meetings between the DEP, the applicant and project supporters over the last year and a half. DEP has continuously counseled the applicant about the serious difficulties with the proposed Cat Island disposal plan. To date, the applicant has not presented any documentation or analysis to DEP that they have reasonably investigated these or any other alternative sites. If the applicant can demonstrate that there are no reasonable alternatives, then minimum spoiling within the preserve could be considered. As in previous dredging, side casting the material next to the channel could be one such option. The applicant would still need to clearly demonstrate that such an option would “at a minimum not be harmful to the quality and utility of the preserve,” pursuant to section 18-20.004(3)(d), F.A.C.

DEP’s Office of Coastal and Aquatic Managed Areas (CAMA), manager of the Big Bend Seagrasses Aquatic Preserve, stated its objections to the spoiling proposal in a May 29, 2002 letter. The objections include: that the project is inconsistent with the management of the aquatic preserve; it is not considered best management practice; there is the potential resuspension and movement of the spoil material to other resources in the area; and that a precedent would be set, if approved, for future maintenance dredging of the channel. In conclusion, the letter states that the project would negatively impact the resources and degrade water quality of the aquatic preserve. In support of this letter, section 18-20.004(2)(a)2, F.A.C., states, in part, that “Projects in the less developed, more pristine aquatic preserves such as Apalachicola Bay shall be subject to a higher standard than the more developed preserves.” CAMA staff stated that the Big Bend Seagrasses Aquatic Preserve should be considered one of the more pristine aquatic preserves (personal communication).

The Florida Fish and Wildlife Conservation Commission (FFWCC) submitted recommendations regarding protection of manatees. In a June 26, 2002 letter, FFWCC stated that it did not object to the channel dredging. However, FFWCC stated that it strongly recommends either avoidance of the existing seagrasses or that in-kind mitigation be conducted. The applicant has not proposed mitigation but will avoid dredging these resources.

There are no property owners within 500 feet of Little Bradford Island and Cat Island other than the island owners themselves. Both island owners were involved in the development of the spoiling plan and have consented to the project. Therefore a specific notice as required by section 253.115, F.S., was not provided to the island owners. There are no property owners within 500 feet of the navigation channel (section 253.115, F.S.).

In response to a Federal public notice for the project issued by the applicant, approximately 400 petition signatures of opposition from the Friends of the Great Suwannee Reef, letters of concern from the Suwannee Audubon, Save Our Suwannee, Inc., and commercial oyster harvesters were submitted to the applicant. However, none of these letters of concern or objection were submitted directly to DEP. As of this date, 15 letters and/or e-mails of support have been received by DEP. The applicant and SRWMD personnel state that local marina owners and residents of the town of Suwannee have expressed support for the channel dredging.

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Item 16, cont.

Pursuant to section 18-21.009, F.A.C., the applicant is not required to obtain a local consistency determination from the local government for public easements.

(See Attachment 16, Pages 1-25)

RECOMMEND (1) APPROVAL FOR THE NAVIGATION CHANNEL PUBLIC EASEMENT; (2) AUTHORIZATION TO SEVER SOVEREIGNTY MATERIAL; (3) AUTHORIZATION FOR BULKHEAD AND MINIMUM SPOILING ALONG LITTLE BRADFORD ISLAND; AND (4) DENIAL OF THE 17.5-ACRE SPOILING ALONG CAT ISLAND

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Item 17 Broward County Public Easement/Consent of Use/Survey Waiver

DEFERRED FROM THE NOVEMBER 26, 2002 AGENDA

REQUEST: Consideration of an application for a (1) five-year sovereignty submerged lands public easement containing 108 acres, more or less, for a proposed borrow site; (2) consent of use for placement of 935,000 cubic yards of sand for beach nourishment; and (3) waiver of survey requirement.

COUNTY: Broward

Application No. 0163435-005-JC

Easement No. 40055; BOT No. 060225996

(Beach Nourishment - Segment II)

APPLICANT: Broward County Board of County Commissioners

LOCATION: Beach nourishment at Pompano Beach from R-36 to R-43 and at Lauderdale-By-The-Sea and northern Fort Lauderdale from R-51 to R-72, and Borrow Area I off-shore of Deerfield Beach, in the Atlantic Ocean, within the jurisdiction of Broward County

Aquatic Preserve: No

Outstanding Florida Waters: No

Designated Manatee County: Yes, without an approved manatee protection plan

Manatee Aggregation Area: Yes

Manatee Protection Speed Zone: No

CONSIDERATION: No fees required for public easements at this time.

STAFF REMARKS: The applicant is proposing to dredge 1,724,000 cubic yards of sovereignty material to obtain sand for beach nourishment. The sand will be disposed on the dry and wet portions of the beach. The Broward County Beach Nourishment project consists of two separate projects (or segments). Segment II is located between Hillsboro Inlet and Port Everglades Inlet. Segment III is located between Port Everglades Inlet and the Dade County line. The Department has already issued an Intent to Authorize the borrow sites, beach nourishment, artificial reefs, groins, and jetty spur associated with Segment III pursuant to the Delegation of Authority for use of sovereignty submerged lands. This action was initially petitioned by Cry of the Water. However, the petition was withdrawn after the County agreed to the following: 1) the transplantation of corals as a part of mitigation plan would be conducted within segments, not between segments; 2) the Monitoring Program in Segment III will include areas of specific concern of the groups; and 3) dune vegetation would be allowed to be planted in the appropriate portions of the project. All activities in the Segment II project would normally be authorized

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Item 17, cont.

pursuant to the Delegation of Authority, but the entire project is being brought before the Board of Trustees because of heightened public concern.

Pursuant to section 18-21.011(3)(c), F.A.C., a waiver of the dredge fees may be granted if the materials are placed on public property and used for public purposes, or if the dredged material has no economic value. The dredged material from Borrow Area I is beach-quality sand that will be placed on the beach to offset the impacts of accelerated erosion, maintain a recreational beach, restore and maintain marine turtle nesting habitat, and provide storm protection to upland properties. An erosion control line has been or will be established to retain state ownership of the restored portion of the beach.

Staff of the Bureau of Beaches and Wetland Resources was concerned about possible impacts to nearshore hardbottom communities. These concerns were also raised by environmental interest groups (Reef Keepers and Cry of the Water). After an extensive impact minimization process, the applicant made several revisions to the design berm in order to reduce the extent of fill, and thereby reduce impacts to nearshore hardbottom communities. Overall, the Segment II project, as initially proposed in 1999, has been reduced from 1.8 million cubic yards to 935,000 cubic yards, and hardbottom impacts have been reduced from approximately 15 acres to 6.0 acres of gross hardbottom impact, which includes interstitial sand patches. Staff was also concerned about the impact to harbottoms adjacent to the borrow area from the sedimentation associated with the use of a hopper dredge. The severity of this impact was substantially reduced by incorporating a borrow area rotation plan that halts dredging at a given borrow area before the sedimentation can accumulate beyond naturally occurring levels. This will incorporate monitoring for stress thresholds of the organisms.

The Town of Deerfield Beach expressed concerns about using Borrow Area I because they felt it would increase erosion on the beach within their jurisdiction. A group called Save Our Shoreline echoed these concerns. The town commissioned a wave study by an independent consultant that modeled the physical impacts from excavating the borrow area. The Department’s and applicant’s coastal engineers reviewed the study and concluded that excavating the borrow area may indeed increase erosion, but not to any significant extent. However, the permit would require an enhanced physical monitoring program for this part of the shoreline, and in case of any accelerated erosion, Broward County would repair the damage.

Broward County is a Designated Manatee County without an approved manatee protection plan. The Florida Fish & Wildlife Conservation Commission, Bureau of Protected Species Management, stated they are making significant progress toward adoption of a plan. Although, beach nourishment projects such as this generally do not pose a significant threat to manatees, the permit will include the standard manatee protection conditions.

Because of the inherent public purpose of this project, in lieu of requiring the applicant to perform a survey of the easement area, the DEP’s procedures for public easements allow for expediting completion of an application by providing a sketch and a metes and bounds legal description of the borrow area. Therefore, the DEP recommends approval of the survey waiver.

The recommendations of the Florida Fish and Wildlife Conservation Commission, Office of Environmental Services, Bureau of Protected Species Management regarding protection of manatees and marine turtles have been addressed in the draft permit as specific conditions. The project was revised to avoid impacts to seagrasses. Unavoidable impacts to hardbottoms will be offset with mitigation. A Notice of Application was published in the Sun Sentinel on January 12, 2000.

Section 163.3194(3)(b), F.S., in summary, states that the local development approved or undertaken by a local government shall be consistent with the adopted plan. In a letter dated

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Item 17, cont.

September 29, 1999, Broward County declared that this project is consistent with the state-approved comprehensive plan.

(See Attachment 17, Pages 1-43)

RECOMMEND APPROVAL

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Item 18 Charlotte County Public Easement/Consent of Use/Survey Waiver

REQUEST: Consideration of an application for a (1) life of the project sovereignty submerged lands public easement adding 1,866,585 square feet (42.85 acres), more or less, for the navigation channel; (2) ten-year sovereignty submerged lands public easement containing 2,203,397 square feet (50.58 acres), more or less, for the borrow area; (3) Consent of Use Agreement for placement of 833,000 cubic yards of sand for beach nourishment; and (4) waiver of survey requirement.

COUNTY: Charlotte

Application No. 0194709-001-JC

Easement No. 40072

APPLICANT: Charlotte County Board of County Commissioners

Application No. 0194790-001-JC

Easement No. 40072; BOT No. 360226335

LOCATION: Sections 19 and 41 South, Range 20 East, in the Gulf of Mexico, near Manasota Key, Stump Pass, Knight Island, Don Pedro Island, and within the local jurisdiction of Charlotte County

Aquatic Preserve: Yes, Lemon Bay Aquatic Preserve

Outstanding Florida Waters: Yes, Class II

Designated Manatee County: No

Manatee Aggregation Area: No

Manatee Protection Speed Zone: No

Beach nourishment at Manasota Key, Knight Island, and Don Pedro Island from R13-18, R22-26 and R29-40, and use of a portion of Stump Pass and its ebb shoal as borrow areas in the Gulf of Mexico, within the jurisdiction of Charlotte County.

CONSIDERATION: No fees required for public easements at this time.

STAFF REMARKS: Stump Pass is a natural inlet that serves as the entrance to Lemon Bay, separating the barriers of Manasota Key, to the north, and Knight Island. The inlet is somewhat unstable, prone to migration, and has been known to close and reopen. The inlet was initially dredged in 1980 but has not been maintained in that location. In 1992, the Board of Trustees denied consent to use sovereignty submerged lands to dredge and maintain the inlet at the 1980 location. Charlotte County obtained a five year “interim” permit in 1998 to conduct dredging to maintain a limited channel, which had migrated to the south, for navigation. The “interim” permit was intended to allow maintenance of a navigable channel until an appropriate long-term management strategy was developed and implemented.

At the present, access to the Gulf of Mexico through Stump Pass is limited to shallow draft vessels and requires local knowledge for safe passage. Alternative access is through Venice Inlet, located 18 miles to the north, and Boca Grande Pass, 15 miles to the south. Water quality in Lemon Bay has been degraded due primarily to runoff associated with urban development. Current configuration of Stump Pass provides for limited flushing. It is likely

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Item 18, cont.

that Stump Pass will close on its own if a navigation channel is not maintained. Subsequent to closure, a new pass will open somewhere along Manasota Key or Knight Island. Probable locations are at Stump Pass State Park, located to the north, and old Bocilla Pass (closed), located to the south. If a reopening occurs, it is expected to have significant impacts to private properties, public infrastructure, and Lemon Bay. Inlet management and beach restoration feasibility studies were developed by Charlotte County with technical and financial assistance provided by the Department of Environmental Protection (DEP). The studies evaluated various management alternatives to maintain safe and reliable navigation through Stump Pass and address the adjacent critically eroded beaches through a beach restoration and maintenance program. The selected alternative relocates Stump Pass to near the previously dredged 1980 location and will result in severing the southern end of Manasota Key, currently managed as Stump Pass State Park. Construction of the inlet will generate sand resources to restore 3.7 miles of the adjacent beach and dune system. Maintenance of the inlet navigation channel proposes a three-year cycle with dredged material to be used to maintain the storm protective benefits of the restored beaches. Limited water quality enhancement may be achieved through greater flushing of Lemon Bay, but this has not been evaluated by DEP.

Charlotte County proposes to place approximately 833,000 cubic yards of beach compatible sediment on Manasota Key, Knight Island and Don Pedro Island. The beach fill areas correspond to three of the County's State-designated Critical Beach Erosion Areas. Approximately 550,000 cubic yards of material will be generated through the relocation of Stump Pass. The remaining material necessary to complete the project will be obtained from the Stump Pass ebb shoal, which was used in 1994 for a beach restoration project conducted by the County on Knight Island. This borrow area has recovered since its initial use and based on a 2002 ebb shoal survey, there is approximately 320,000 cubic yards of material available within the previously permitted footprint. The County conducted geotechnical testing to characterize the sediments on the native beach and within the proposed borrow areas, to assure sediment suitability.

Pursuant to section 18-21.011(3)(c), F.A.C., a waiver of the dredge fees may be granted if the materials are placed on public property and used for public purposes, or if the dredged material has no economic value. The dredged material is beach quality sand that will be placed on the beach to offset the impacts of accelerated erosion, maintain a recreational beach, restore and maintain marine turtle nesting habitat, and provide storm protection to upland properties. An erosion control line has been or will be established to retain state ownership of the restored portion of the beach.

Construction shall be conducted outside the main portion of marine turtle and shorebird nesting season and monitoring shall include standard turtle nesting and hatching data, escarpment removal, and beach tilling. Standard construction conditions for manatee protection will be employed and stringent turbidity monitoring and controls to protect water quality will be utilized. There are no hardbottom communities or sea grass beds within the project limits, however pre, during, and post-construction monitoring of adjacent sea grass beds will be conducted to avoid impacts.

Section 258.42(3)(a), F.S., states that no further dredging or filling of submerged lands shall be approved except “minimum dredging and spoiling as may be authorized for public navigation projects” and “such other maintenance dredging as may be required for existing navigation channels.” The Aquatic Preserve Rule, in section 18-20.004 (1)(d), F.A.C., states that “There shall, in no case, be any dredging waterward of the mean or ordinary high water line for the sole or primary purpose of providing fill for any area landward of the mean or ordinary high water line.” In paragraph (e), the Rule goes on to say that “A lease, easement or consent of use may be authorized only for the following activities: 1. a public navigation project; … ”. The project involves restoring the Stump Pass channel to its 1980 alignment within the Aquatic Preserve, with slight modifications. These modifications to the channel

Board of Trustees

should be considered maintenance dredging and not a new channel because DEP requested the modification to the channel to minimize impacts to the park and protect nesting shorebird habitat. This channel alignment is somewhat modified from the 1980 configuration based on DEP’s recommendations to better manage the inlet and protect resources. Although the proposed project includes elements of a beach nourishment project, the initial dredging and subsequent maintenance of Stump Pass is primarily for navigation.

To offset project impacts to Park property, the County will: (1) place approximately 100,000 cubic yards of material along the updrift beach to protect existing State Park facilities; (2) create and maintain approximately four acres of new shore bird habitat within the park; (3) provide an additional $25,000 annually to assist with the management of the park; (4) implement the Stump Pass State Park Management Plan through the construction of two boat docks (not covered under permit number 0194790-001-JC), restrooms and access facilities; and (5) manage the severed portion of Manasota Key. The easement instrument that will be issued to the County will have the above requirements as special conditions to the easement.

Because of the inherent public purpose of this project, in lieu of requiring the applicant to perform a survey of the easement area, DEP’s procedures for public easements allow for expediting completion of an application by providing a sketch and a metes and bounds legal description of the borrow area. Therefore, DEP recommends approval of the survey waiver.

Section 163.3194(3)(b), F.S., in summary, states that the local development approved or undertaken by a local government shall be consistent with the adopted plan. In a letter dated January 17, 2002, Charlotte County declared that this project is consistent with the state approved comprehensive plan. Further, Charlotte County has obligated funding to maintain the beach and inlet for the first eight years of the project.