|
|
Cabinet
Affairs |
|
|
  |
AGENDA BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND MAY 13,
2003
******************************************************** Item 1 Sale of
State-Owned Land/Miami-Dade County REQUEST: Consideration of a request to sell
11 parcels totaling 85 acres of state-owned land to Miami-Dade
County. COUNTY: Miami-Dade
Deed
No.
40094
APPLICANT: Miami-Dade
County LOCATION: Sections 03 and 15, Township 53
South, Range 39 East CONSIDERATION: $950,000 to be deposited into the
Internal Improvement Trust Fund APPRAISED
BY
BUYER'S
Eisnor
APPROVED
PURCHASE
CLOSING PARCEL ACRES
(10/01/02) VALUE PRICE
DATE
Miami-Dade 85
$950,000
$950,000
$950,000 90
days after
BOT approval STAFF REMARKS: A request was received from
Miami-Dade County (County) to purchase 11 parcels of state-owned land in
Miami-Dade County. The County wishes to acquire land adjacent to the
Northwest Wellfield in order to protect its drinking water.
The Board of County
Commissioners, in a Resolution dated June 6, 2000, asked the County
manager to acquire approximately 1,200 acres, 60 parcels, of land, both
private and state-owned, located in Sections 02, 03, 10, 11, 15, 22 and
23, Township 53 South, Range 39 East. This request was based on a
memorandum from the County Manager stating that the acquisitions are
necessary in order to prevent the designation of Under the Direct
Influence of Surface Water (UDI) by the U.S. Environmental Protection
Agency and to avoid the cost of water plant upgrades. According to the memorandum,
County ownership of these lands would be beneficial to the water supply by
preventing contamination that could occur through land development. These lands are located within the
60-day water travel time from the wells, designated as the Cone of
Influence. County ownership
also ensures that the surface waters will be separated at least one-half
mile from the well field, which reduces the risk of the UDI designation by
the U.S. Environmental Protection Agency. Special consideration was
given to this property since it is located within the East Everglades
Florida Forever project as well as within the Lake Belt Plan of the
County. Key responses to
noticing involved the Office of Environmental Services, Department of
Water Resources, Florida Natural Areas Inventory, and the South Florida
Water Management District. No
objections were received.
Language in the deed includes "The Property shall be maintained in
its natural state and not be developed or altered in any way without prior
written consent of GRANTOR".
The County has confirmed that it has no plans to place additional
wells on the property. he
land is intended to be used as a buffer area to protect the major source
of its drinking water as outlined in the Lake Belt Report and Plan adopted
by the Florida Legislature.
The Board of Trustees
originally acquired these parcels of land pursuant to chapter 18296, 1937
Laws of Florida, known as the Murphy Act. The act provided for statutory
forfeiture of lands for nonpayment of taxes. Tax certificates unredeemed as of
June 9, 1939, were automatically converted to fee simple title in the name
of the state. Pursuant to section
253.034(6)(h), F.S., lands determined to be surplus, which were acquired
by a unit of government by gift, donation, grant, quitclaim deed, or other
such conveyance where no monetary consideration was exchanged, may be sold
based on one appraisal.
Pursuant to section
253.034(6)(e), F.S., prior to any decision by the Board of Trustees to
surplus lands, the Acquisition and Restoration Council (ARC) shall review
and make Board of
Trustees Agenda -
May 13, 2003 Page
Two ********************************************************* Item 1,
cont. recommendations to the Board
of Trustees concerning the request for surplusing. ARC shall determine whether the
request for surplusing is compatible with the resource value of and
management objectives for such lands. This request was reviewed by ARC
at its October 23, 2002, meeting and ARC recommended the property be
declared surplus. In accordance with section
253.111, F.S., the Board of Trustees may not sell any land to which it
hold title unless and until it affords an opportunity to the county in
which the land is situated to receive the land. Miami-Dade County and the state
agencies were notified.
Pursuant to section 253.115, F.S., property owners within 500 feet
of the subject property were also notified and no objections were
received. 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
1-21) RECOMMEND
APPROVAL ******************************************************** Item 2 South
Florida Water Management District
Conveyance/Determination REQUEST: Consideration of (1) a
determination that pursuant to section 18-2.018(3)(b)1(c), F.A.C., the
conveyance of 82.09 acres of Board of Trustees-owned land provides a
greater benefit to the public than its retention in Board of Trustees'
ownership; and (2) a request to convey 82.09 acres of Board of
Trustees-owned land to the South Florida Water Management District for
inclusion in the Everglades Construction Project. COUNTY: Palm Beach
Deed No. 31122 APPLICANT: South Florida Water Management
District (SFWMD) LOCATION: Sections 22, 26, 27 and 35,
Township 46 South, Range 35 East, and Section 02, Township 47 South, Range
35 East STAFF REMARKS: The Florida Legislature, in the
Everglades Forever Act (EFA), section 373.4592(1), F.S., declared that it
is necessary for the public health and welfare that the Everglades water
and water related resources be conserved and protected. It was recognized at that time
that certain public lands may be needed for the treatment and storage of
water prior to its release into the Everglades Protection Area. To accomplish this, SFWMD was
given the responsibility of implementing the Everglades Construction
Project, and of acquiring any lands necessary to meet the goals of the
EFA. SFWMD has requested that the
82.09-acre parcel be released from the Board of Trustees' Lease No. 3581
with the Florida Fish and Wildlife Conservation Commission (FWCC) and
deeded to SFWMD in order to accommodate its plans for the construction of
Stormwater Treatment Area (STA) 5 Outlet Canal. In support of the request, FWCC
submitted a release for 82.09 acres of land on the eastern periphery of
the Rotenberger Tract (Tract) of the Everglades Wildlife Management
Area. FWCC supports
construction of the outlet canal because it would allow discharges from
STA to be routed around, rather than discharged into, the Tract. Diversion of the STA discharges by
way of the outlet canal supports the goal of the restoration of the Tract,
e.g., to simulate the historic depth and duration of inundation commonly
referred to as hydropattern.
Department of Environmental Protection staff
has Board of
Trustees Agenda -
May 13, 2003 Page
Three ******************************************************** Item 2,
cont. determined that this land can
be conveyed to SFWMD if the Board of Trustees makes an affirmative
finding, pursuant to section 18-2.018(3)(b)(1)(c), F.A.C., that the
conveyance of this land to SFWMD provides a greater benefit to the public
than its retention in Board of Trustees' ownership. A consideration of the status
of the local government comprehensive plan was not made for this
item. DEP has determined that
land conveyances are not subject to the local government planning process.
(See Attachment 2, Pages
1-8) RECOMMEND
APPROVAL ***************************************************** Item 3 City of
Orlando/Acceptance of Deed with Reverter DEFERRED FROM THE APRIL 8,
2003 AGENDA REQUEST: Consideration of the acceptance of
a deed containing reversionary language for property being donated by the
City of Orlando pursuant to section 253.025(8)(b),
F.S. COUNTY: Orange LOCATION: Section 26, Township 22 South,
Range 29 East STAFF REMARKS: In the spring of 2000, Florida A
& M University (FAMU) planned to expand its campus by constructing a
law school in the central Florida area. Proposals were requested and
ultimately submitted for sites from various communities. After reviewing all of the
proposals received for the project, FAMU selected the City's proposal that
included the donation of a 3.06-acre parcel. The Department of
Environmental Protection, Division of State Lands (DSL) obtained all due
diligence products as required under the policies and procedures for
accepting donations on behalf of the Board of Trustees. Staff subsequently learned that as
a condition of the donation, the City is requiring language in the deed
stating that the property shall revert back to the City, if the law school
ceases to exist.
On limited occasions, the
Board of Trustees has accepted title to property with conditions,
restrictions or reverters when it is in the public's best interest. The City is donating the parcel,
which is assessed in excess of $2,000,000. This generous gift to the state
will be used as the site of the FAMU Law School, which in turn, will
benefit the City by generating additional revenue. DSL staff is asking the Board
of Trustees to accept the proposed deed with a
reverter. RECOMMEND WITHWRAWAL
Board of
Trustees Agenda -
May 13, 2003 Page
Four ******************************************************* Item 4 TNC
Charitable Trust Assignment of Option Agreement/Yellow River Ravines
Florida Forever Project/Managing Agency Designation/ Management Policy
Statement Confirmation REQUEST: Consideration of (1) the
acceptance of an assignment of an option agreement to acquire 197.1 acres
within the Yellow River Ravines Florida Forever project from The Nature
Conservancy Charitable Trust; (2) designation of the
Department of Agriculture and Consumer Services' Division of Forestry as
the managing agency; and (3) confirmation of the management policy
statement. COUNTY: Santa Rosa LOCATION: Sections 04 and 05, Township 01
North, Range 26 West CONSIDERATION: $486,984 ($472,800 for the
acquisition; $14,184 for the purchase of the option
agreement) APPRAISED
BY
SELLER'S
TRUSTEES'
Carroll
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL ACRES
(08/13/02) VALUE PRICE PRICE DATE Cox 197.1
$495,000
$495,000
*
$486,984** 120 days
after
(98%) BOT
approval * The
property has been in the Cox family since the 1950's ** $2,399 per
acre STAFF REMARKS: The Yellow River Ravines project
is an "A" group project on the Florida Forever Full Fee Project List
approved by the Board of Trustees on February 25, 2003. The project contains 16,652 acres,
of which these are the first to be acquired. After the Board of Trustees
approves this agreement, 16,454.9 acres or 99 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
197.1-acre parcel from Benjamin H. Cox II and Tricia Adams Cox. After this acquisition is
approved, the Board of Trustees will acquire the option from TNC for
$14,184, 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.
There are two reservations of interest in the oil, gas and other
mineral rights, which encumber the parcel. The mineral owners' right of entry
is barred by the Marketable Records Title Act. The appraiser considered the
outstanding reservations and concluded that they do not have an impact on
the value of the parcels. 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, a
survey, an environmental site evaluation and, if necessary, an
environmental site assessment will be provided by the purchaser prior to
closing. This acquisition, which is
directly adjacent to Eglin Air Force Base, will fill a significant gap to
the north of the base and contribute to the military's overall goal of
preventing encroachment surrounding military reservations.
Board of
Trustees Agenda -
May 13, 2003 Page
Five ********************************************************* Item 4,
cont. This project will protect a
high quality example of an imperiled natural community and threatened and
endangered plant and animal species.
Combined with the 183,000 acres of the Blackwater River State
Forest, it will form a continuous corridor of public land from Eglin Air
Force Base through the Conecuh State Forest in Alabama. Acquisition of the project will
meet Florida Forever goals of restoring natural habitat and ensuring
biodiversity by restoring prescribed fire to areas that will benefit from
it, and of increasing natural resource-based recreation by providing areas
for camping, picnicking, nature appreciation, hiking and horseback
riding. Acquisition of the
Yellow River Ravines has also been endorsed by representatives of the U.S.
Navy's Pensacola Naval Air Station.
Navy officers said at the June 6, 2002 meeting of the Acquisition
and Restoration Council that preserving undeveloped land around the
satellite airfields enhances military training by preventing encroachment
on military reservations. Pursuant to section
259.032(9)(e), F.S., staff recommends that the Board of Trustees designate
the Department of Agriculture and Consumer Services' Division of Forestry
(DOF) as the managing agency for this site. DOF will manage the parcel as an
addition to the Blackwater River State Forest. 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 2003 Florida Forever
Annual Report adopted by the Board of Trustees on February 25, 2003. Staff recommends that the Board of
Trustees confirm the management policy statement as
written: The primary land management
goal for the Division of Forestry is to restore, maintain and protect in
perpetuity all native ecosystems; to integrate compatible human use; and
to insure long-term viability of populations and species considered
rare. The ecosystem approach
will guide the Division of Forestry's management activities on this
project.
This acquisition is
consistent with section 187.201(10), F.S., the Natural Systems and
Recreational Lands section of the State Comprehensive
Plan. (See Attachment 4, Pages
1-20) RECOMMEND
APPROVAL ******************************************************* Item 5 TNC
Charitable Trust Assignment of Option Agreement/Lake Wales Ridge Ecosystem
(Henscratch Road/Jack Creek) Florida Forever Project REQUEST: Consideration of the acceptance of
an assignment of an option agreement to acquire 59.9 acres within the Lake
Wales Ridge Ecosystem, Henscratch Road/Jack Creek, Florida Forever project
from The Nature Conservancy Charitable Trust. COUNTY: Highlands LOCATION: Sections 10 and 11, Township 36
South, Range 29 East Board of
Trustees Agenda -
May 13, 2003 Page
Six ******************************************************** Item 5,
cont. CONSIDERATION: $255,852 ($248,400 for the
acquisition; $7,452 for the purchase of the option
agreement) APPRAISED
BY
SELLER'S
TRUSTEES' String
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL ACRES
(11/13/02) VALUE PRICE PRICE DATE Messana 59.9
$270,000
$270,000
*
$255,852** 90 days
after
(95%) BOT
approval * Messana Construction
Company, Inc. has owned the property for over 15
years ** $4,271 per
acre STAFF REMARKS: The Lake Wales Ridge Ecosystem
project is an "A" group project on the Florida Forever Project List
approved by the Board of Trustees on February 25, 2003. The project contains 45,601 acres,
of which 24,202.16 acres have been acquired or are under agreement to be
acquired. After the Board of
Trustees approves this agreement, 21,338.94 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
59.9-acre parcel from Messana Construction Company, Inc. After this acquisition is
approved, the Board of Trustees will acquire the option from TNC for
$7,452, 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.
The property is divided into three sections. There is no physical access to
section one, but there is legal access via a platted, unconstructed road.
There is improvement to section three, which includes a perimeter
fence. Messana Construction
Company, Inc. shall restore the portion of the property, which is adjacent
to U.S. Route 27 and has been impacted by a sand mining operation, by
grading the excavated slopes to the normal angle of repose or less. The restoration plan for the
property must be approved by DEP, and Messana Construction Company, Inc.
must consult with DEP throughout the duration of the restoration
project. The Fish and
Wildlife Conservation Commission (FWCC), the future managing agency, has
determined that lack of access, improvements and restoration will not
effect the management of the property. On June 22, 1999, the Board of
Trustees approved a staff recommendation to delegate to DEP the authority
to review and evaluate marketability issues as they arise on all chapter
259, F.S., acquisitions and to resolve them appropriately. 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 U.S. Fish and Wildlife
Service found the presence of federally listed species during a June 2002
inspection of the site. The
threatened sand skink (Neoseps reynoldsi) and the Florida bonamia (Bonamia
grandiflora), which are found on the site, are protected under the
Endangered Species Act of 1973. 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, Florida
scrub jay and animals found nowhere else - but it has almost completely
been converted to citrus groves and housing developments. The Lake Wales
Ridge Ecosystem Florida Forever project is designed to protect the best
remaining tracts of this scrub and the ecosystems associated with it,
thereby preserving Board of
Trustees Agenda -
May 13, 2003 Page
Seven ******************************************************* Item 5,
cont. numerous endangered species
and allowing the public to see examples of the unique original landscape
of the ridge. FWCC will manage the property
as a single-use Wildlife and Environmental area within the Lake Wales
Ridge Ecosystem. This acquisition is
consistent with section 187.201(10), F.S., the Natural Systems and
Recreational Lands section of the State Comprehensive
Plan. (See Attachment 5, Pages
1-24) RECOMMEND
APPROVAL ******************************************************** Item 6 Pullum, et
al, Option Agreement/Escribano Point Florida Forever Project/ Managing
Agency Designation/Management Policy Statement
Confirmation REQUEST: Consideration of (1) an option
agreement to acquire 1,166.1 acres within the Escribano Point Florida
Forever project from William Allen Pullum, et al; (2) designation of the
Fish and Wildlife Conservation Commission as the managing agency; and (3)
confirmation of the management policy statement. COUNTY: Santa Rosa LOCATION: Sections 06, 07, 23 and 31,
Township 01 South, Range 27 West CONSIDERATION: $1,590,000 APPRAISED
BY
SELLER'S
TRUSTEES'
Chandler Nolan
APPROVED
PURCHASE
PURCHASE
OPTION PARCELS ACRES
(05/17/00)
(05/18/00) VALUE PRICE PRICE DATE Pullum,
1,166.1
$1,691,000
$1,750,000
$1,750,000
$612,500*
$1,590,000** 120 days
after et al
(91%) BOT
approval * Sellers
purchased on 5/28/74 ** $1,364 per
acre STAFF REMARKS: The Escribano Point project is an
"A" group project on the Florida Forever Full Fee Project List approved by
the Board of Trustees on February 25, 2003. The project contains 2,914 acres,
of which these are the first to be acquired. After the Board of Trustees
approves this agreement, 1,747.9 acres or 60 percent of the project, will
remain to be acquired. All mortgages and liens will
be satisfied at the time of closing.
This acquisition includes three parcels, two of which have no legal
access. There is legal, but
not physical, access to the northernmost parcel (1A) via a dedicated,
unconstructed right-of-way owned by the Northwest Florida Water Management
District. The remaining two
parcels (1B and 1C) have physical access via unpaved timber roads owned by
Eglin Air Force Base. There
is a reservation with right of entry, of a one-half interest in the oil,
gas and other minerals rights, which encumbers all three parcels. The outstanding reservations and
the lack of legal and/or physical access was considered by the appraisers
in valuation of the property.
DSL will provide the necessary information to the Fish and Wildlife
Conservation Commission (FWCC), the future managing agency, to satisfy
FWCC's management needs 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 Board of
Trustees Agenda -
May 13, 2003 Page
Eight ******************************************************* Item 6,
cont. 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. These parcels, which are
directly adjacent to Eglin Air Force Base, will fill significant gaps to
the west and southwest of the base and contribute to the military's
overall goal of preventing encroachment surrounding military reservations.
The Escribano Point project
consists of 2,914 acres in Santa Rosa County that will complete public
land ownership of Escribano Point and the mouth of the Yellow River,
thereby achieving the goals of the original 1994 Escribano Point CARL
project. It encompasses three
sets of parcels: a northern set at the mouth of the Yellow River that
adjoins Yellow River Wildlife Management Area (WMA) lands; a middle set
around Catfish Basin adjoining Eglin Air Force Base lands on the east and
Yellow River WMA lands on the north and south; and a southern set,
encompassing Escribano Point, that adjoins Yellow River WMA lands on the
north and Eglin lands on the north and east. When purchased, the project plus
these public lands will provide recreation opportunities and natural
resource protection for 10.4 miles of shoreline along East Bay and
Blackwater Bay. This
acquisition will contribute to the protection of the waters of Blackwater
Bay along with that afforded by Garcon Point, which borders 4.6 miles of
the west shore. It will also
contribute to protection of 37 miles of the Yellow River by adding to the
public shoreline of the Yellow River WMA. Uplands south of the river
floodplain are protected as part of Eglin Air Force Base.
Pursuant to section
259.032(9)(e), F.S., staff recommends that the Board of Trustees designate
FWCC as the managing agency for this site. FWCC will ensure an effective
management plan is established for the parcels. 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 2003 Florida Forever
Annual Report adopted by the Board of Trustees on February 25, 2003. Staff recommends that the Board of
Trustees confirm the management policy statement as
written: Priority will be given to the
conservation and protection of environmentally unique native habitats, and
threatened and endangered species.
Management programs will be designed to conserve, protect, manage
and/or restore important ecosystem, landscapes, wildlife populations,
forests and water resources.
The tract will also be managed to provide opportunities for
camping, environmental and cultural resource education, fishing, hiking,
hunting, and wildlife viewing. The connection and proximity
of this proposed project to other conservation lands, as well is its
diversity of natural community types, provide important habitats for
wildlife populations. Since
the principal purposes of the proposal are to protect habitat for
wildlife, management goals will be oriented to conservation and protection
of these species, and to carefully control public
uses. Board of
Trustees Agenda -
May 13, 2003 Page
Nine ********************************************************** Item 6,
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 6, Pages
1-36) RECOMMEND
APPROVAL *********************************************************** Item 7 Philips
Option Agreement/Etoniah/Cross Florida Greenway Florida Forever
Project REQUEST: Consideration of an option
agreement to acquire 1,553.1 acres within the Etoniah/Cross Florida
Greenway Florida Forever project from P. N. Philips and Elizabeth Ann
Philips. COUNTY: Putnam LOCATION: Sections 22, 27 and 34, Township
10 South, Range 25 East CONSIDERATION: $1,553,100 APPRAISED
BY
SELLER'S
TRUSTEES' Rogers Benson
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL ACRES
(06/06/02)
(06/06/02) VALUE PRICE PRICE DATE Philips
1,553.1
$1,580,000
$1,530,000
$1,580,000 *
$1,553,100** 90 days
after
(98%) BOT
approval * Seller has owned the property
since 1986 ** $1,000 price per
acre STAFF REMARKS: The Etoniah/Cross Florida Greenway
project is an "A" group project on the Florida Forever Full Fee Project
List approved by the Board of Trustees on February 25, 2003. The project contains 48,317 acres,
of which 21,953.7 acres have been acquired or are under agreement to be
acquired. After the Board of
Trustees approves this agreement, 24,810.2 acres or 51 percent of the
project will remain to be acquired. All mortgages and liens will
be satisfied at the time of closing.
There is a power easement, two access easements and platted
right-of-ways, which are typical easements for a larger agricultural
tract. There is a reservation
with right of entry for a one-half interest in the oil, gas and other
minerals rights on the property.
The easements and the outstanding reservation were considered by
the appraisers in valuation of the property. The Office of Greenways and Trails
(OGT), the future managing agency, has determined that the property can be
managed with the easements and the outstanding reservation. 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. This acquisition furthers the
mission of OGT, which is "To facilitate the establishment of a statewide
system of greenways and trails that provides all Floridians and visitors
public access to a greenway or trail within 15 minutes of their home,
workplace, or tourist destination."
Board of
Trustees Agenda -
May 13, 2003 Substitute
Page Ten ********************************************************* Item 7,
cont. The lands of the Cross
Florida Greenway (CFG) bisect the central region of the state passing
through Citrus, Levy, Marion and Putnam Counties. The eastern end of the CFG
corridor connects to the Ocala National Forest, where the north-south
Florida National Scenic Trail (FNST) and other recreational and
interpretive facilities are located.
The western end of the CFG links with the Withlacoochee River,
Rainbow River, Waccasassa Bay Preserve and Withlacoochee State
Rail-Trail. The CFG, with its
linkage to other existing and proposed public lands, has become the focus
of a much larger system of greenway corridors. Though partially logged and
planted in pine, the large expanse of flatwoods, sandhills, and scrub in
central Putnam County, extending to the Cross-Florida Greenway along the
Ocklawaha River, is important for the survival of many kinds of wildlife
and plants. This
Etoniah/Cross Florida Greenway acquisition will provide a critical link in
Putnam County between two previously purchased portions of this project
totaling approximately 3,600 acres on the east and 5,500 acres to the
west. In addition, the
Etoniah/Cross Florida Greenway project is included in the Ocala National
Forest - Camp Blanding Critical Linkage as identified by OGT. This linkage provides ecological
connectivity between the CFG and the Ocala National Forest and will help
ensure that wildlife such as Florida black bear, scrub-jays and plants
such as the Etoniah rosemary will have areas in which to thrive. This project will also provide
increased watershed protection for the Ocklawaha River basin. The
recreational opportunities within this project include long-distance
hiking, fishing, camping, and hunting. This property will be managed
by OGT as an addition to the Marjorie Harris Carr Cross Florida
Greenway. 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
1-28) RECOMMEND
APPROVAL ********************************************************* Substitute Item 8 Information
Presentation/Division of State Lands' Privatization and Efficiency
Effort REQUEST: Presentation of information
regarding the next phase of the Division of State Lands' privatization and
efficiency effort. STAFF REMARKS: The Preservation 2000 (P2000)
program and the current Florida Forever program are considered to be two
of the most successful conservation and recreation land acquisition
programs in the world. Since
1990, the beginning of the P2000 program, many states and foreign
countries have requested advice and consultation from the Division of
State Lands (DSL) so that they could emulate Florida's
success. One of the cornerstones to
the success of these programs has been the integration of the private
sector into the operations of DSL.
As a result DSL staffing level has remained relatively constant
since the beginning of the P2000 program. This is important when considering
that DSL received, through P2000, a 250 percent increase in land
acquisition funding over previous programs. While there have been some new
positions attached to the funding, DSL has also eliminated positions as a
result of efficiencies gained through privatization. DSL currently employs about 70
full time staff in the land acquisition program. The latest reports from our
private contractors show that there are around 300 people employed in the
private sector as a direct result of the Florida Forever
program. Board of
Trustees Agenda -
May 13, 2003 Substitute
Page Eleven ******************************************************** Substitute Item 8,
cont. DSL is one of the most
privatized divisions in state government. Pursuant to section 259.04(1)(b),
F.S., and section 259.041(8)(b), F.S., DSL is using private contractors to
improve efficiency.
Privatized functions include: land title services, real estate
closing services, environmental site assessment services, survey and
survey review services, and appraisal and appraisal review services. The only area of the program not
yet privatized is general real estate services. In addition to keeping staffing
levels constant, the use of private services has enabled DSL to increase
the volume of land acquisitions processed, dramatically decrease our
response times, and, as a result, render a higher level of customer
service to property owners.
One example of decreased response times is the use of private title
and closing contractors to expedite closings and the procurement of title
products. The result is a 58
percent reduction in the average closing time since June of 1999. Overall, the acquisition process
time has decreased 46 percent over the last four
years. The purpose of this item is
to report on the next phase of the DSL privatization effort; the
privatization of general real estate services. This privatization project,
currently being implemented by DSL, will result in private organizations
providing real estate services such as: * Project Evaluation and
Planning * Project Management
Services * Consulting
Services * Disposition and Marketing
Services * Auction
Services * Support
Staff * Negotiation
Services * Special Project
Services * Property Owner Education
and Outreach Services Having these services
available will enable DSL to more effectively, efficiently and
productively perform the duties of acquiring, leasing and disposing of
state lands and will further increase our level of service to the citizens
of Florida. While this latest effort is a
natural result of previous privatization success, its genesis is in
another project being developed by DSL. This project, dubbed Project
Triage, is also part of our effort to dramatically increase effectiveness
and reduce time frames. The
concept of this project is that if we better define project success up
front, and we better evaluate the feasibility of success up front, we will
increase our effectiveness by working on those projects where success is
better assured. This would
result in a reduction of the ineffective application of staff and monetary
resources and would result in reduced, yet more effective, work efforts
and thereby increase processing speed. The process of initiating and
maintaining Project Triage would require extensive staff hours and areas
of expertise that are not readily available in the division. In evaluating this project DSL
determined that we should proceed with the privatization of general real
estate services so that we could obtain the resources necessary to
implement and maintain Project Triage. Another advantage of engaging
outside real estate services is the ability to obtain negotiation
consultation and negotiation services from companies and individuals that
have proven success in negotiating specific types of real estate in
specific areas of the state.
The contracts with all companies will contain provisions to obtain
these services, payment for which will be on a production or commission
basis. Pricing for all other
services will be on an hourly or project basis. In an effort to avoid any
potential conflicts of interest, any company selected is required to
covenant that it presently has no interest and shall not acquire any
interest, direct or indirect, which would be adverse to the interests of
the Board of Trustees and/or would materially limit the company's exercise
of independent professional judgment in performing any duties under their
contract. In addition, any
company selected must agree to indemnify, defend, save
and Board of
Trustees Agenda -
May 13, 2003 Substitute
Page Twelve ***************************************************** Substitute Item 8,
cont. hold harmless the State of
Florida and DEP from all claims, demands, liabilities and suits of any
nature arising due to any negligent act or failure to act by the company
or its agents, employees or subcontractors. Any company under contract to DSL
will, as an agent for DSL, be bound by and held accountable to the same
standard of integrity and confidentiality as employees of DSL. DSL has already begun the
process of implementing this privatization effort. DSL openly requested proposals
from interested parties around the state. Many companies responded to DSL
and submitted the appropriate resumes and proposals. Through interviews,
presentations and research the list was refined to include only those
companies that, in the opinion of the reviewing committee, exhibited the
highest potential of expertly providing one or more of the required
services. Discussions will
begin in early May with ten companies to negotiate fee schedules for the
various activities identified. The use of private
contractors for the real estate services discussed in this item is another
effort by DSL to meet the direction of the Governor and Cabinet to better
apply financial resources, expedite the land acquisition process and
improve customer service and efficiency. It is DSL's intention to provide
the Board of Trustees with a status report of this project, one year after
contracts are finalized. RECOMMEND
DEFERRAL ******************************************************* Item 9 TNC
Purchase Agreement/Bombing Range Ridge Florida Forever
Project REQUEST: Consideration of a purchase
agreement to acquire up to 3,645 acres within the Bombing Range Ridge
Florida Forever project from The Nature Conservancy,
Inc. COUNTY: Polk LOCATION: Sections 32 and 33, Township 29
South, Range 30 East; and Sections 04, 05, 09, 15, 16, 20, 21 and 22,
Township 30 South, Range 30 East CONSIDERATION: Total not to exceed $4,833,530 or
96 percent of the final approved value, whichever is less.
STAFF REMARKS: The Bombing Range Ridge project is
an "A" group project on the Florida Forever Full Fee Project List approved
by the Board of Trustees on February 25, 2003. The project contains 41,748 acres,
of which 9,637 acres have been acquired or are under agreement to be
acquired. After the Board of
Trustees approves this agreement, and all 3,645 acres are acquired, 28,466
acres or 68 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 (DSL) and The Nature
Conservancy, Inc. (TNC), TNC has acquired three option agreements to
purchase 2,351.2 acres within a target acquisition area established with
the consent of the project's managing agencies. TNC will purchase 1,707.2 acres
from Preservation of Natural Florida, Inc. (PNF), 429.5 acres from Avatar
Holdings, Inc. (Avatar), and 214.7 acres from the Layne L. Lightsey and
Cary D. Lightsey (Lightsey).
The purchase agreement also
provides for the Board of Trustees' purchase of any property currently
owned by third parties within the target acquisition area that are
acquired by TNC under the terms of the purchase agreement. TNC will make diligent efforts to
acquire the remaining 1,296 acres of inholdings owned by many different
parties within three areas Board of
Trustees Agenda -
May 13, 2003 Page
Thirteen ********************************************************* Item 9,
cont. identified as those where
PNF, Avatar and Lightsey have assembled a substantial concentration of
property. The Board of
Trustees' purchase price for all the parcels acquired by TNC within the
target acquisition area on or before November 10, 2004, will be the sum of
TNC's expenses to include purchase price for all additional transactions,
approved direct expenses associated with acquisition of each parcel, and
seller's holding costs in the amount of 0.02 percent of TNC's acquiring
price per day beginning on the day that TNC acquired fee title to the
parcels and ending on the day before TNC conveys title to all parcels to
the Board of Trustees. In no
event will the Board of Trustees' total purchase price for all parcels
acquired by TNC through November 10, 2004, exceed an amount equal to
$1,200 per acre, which includes TNC's purchase price and expenses, unless
the payment of said portion of the final purchase price is approved by the
Board of Trustees prior to closing.
If, prior to closing, the purchaser determines that the final
purchase price exceeds $4,833,530 or 96 percent of the final approved
value, whichever is less, the final purchase price will be reduced to the
lesser of $4,833,530 or 96 percent of the final approved
value. All mortgages and liens will
be satisfied at the time of closing.
There are ingress and egress easements providing River Ranch Acres
landowners access to all parcels.
The purchase agreement also includes an agreement for new third
party easements for ingress and egress in favor of members and guests of
the River Ranch Property Owners' Association, Inc. and other area
landowners. The form and
location of these easements will be reviewed and approved by DSL and the
managing agencies. The
Lightsey parcel is improved with an irrigation pump house and irrigation
system for the citrus groves and the pasture in sections 4 and 9. The easements and improvements
were considered by the appraisers and do not effect the value of the
property. The Department of
Agriculture and Consumer Services' Division of Forestry (DOF), the future
lead managing agency, are willing to accept management of the property
with these improvements. 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. Title insurance policies and
environmental site assessments will be provided by the seller. Surveys will be provided by the
purchaser. At closing, the
purchaser will reimburse the seller's cost of the title insurance policies
and the environmental site assessments. Public acquisition of the
Bombing Range Ridge and Flatwoods project would conserve and protect
significant habitat for native species and endangered and threatened
species. Additionally, public
acquisition would provide areas, including recreational trails, for
natural resource-based recreation. This project connects Avon
Park Air Force Range, Lake Kissimmee State Park and Kissimmee River lands
owned by the South Florida Water Management District. It provides critical habitat for
at least 20 rare animals, including red-cockaded woodpeckers, snail kites,
Florida scrub jays and grasshopper sparrows. The scrub ridge is a recharge area
for water resources adjacent to the project that include the Kissimmee
River, Lake Rosalie, Tiger Lake, Lake Walk-in-Water and several creeks and
marshes. Colonel Earle Thompson, the
Avon Park Air Force Range Base Commander, voiced his support of the
project at the Governor's Base Commanders meeting in March
2003. The property will be managed
by DOF as the lead manager, in coordination with FWCC, as a unit of the
Lake Wales Ridge State Forest.
Board of
Trustees Agenda -
May 13, 2003 Page
Fourteen ********************************************************* Item 9,
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 9, Pages
1-104) RECOMMEND
APPROVAL ********************************************************* Item 10 Harold and
Linda J. Cummings Conveyance REQUEST: Consideration of an
application for the conveyance of a 158-square-foot, more or less, parcel
of filled, formerly submerged, sovereignty lands located contiguous to a
single-family home. COUNTY: Palm
Beach Deed No.
31091 (5033-50) BOT
Application No. 500225086 APPLICANT: Harold and
Linda J. Cummings LOCATION: Section 25,
Township 40 South, Range 42 East, in the North Fork,
Loxahatchee River, within the North Fork, Loxahatchee River
Aquatic
Preserve, Class II Waters, near the Town of Tequesta, within the
local
jurisdiction of Palm Beach County Aquatic
Preserve: Yes, Resource Protection Area 3 Outstanding
Florida Waters: Yes, Class II Designated
Manatee County: Yes, without an approved manatee protection
plan Manatee
Aggregation Area: No
Manatee Protection Speed Zone: No CONSIDERATION: $9,480.00, representing three
times the appraised value of the filled parcel, pursuant to section
18-21.013(3)(c), F.A.C. Fees may be adjusted based on
receipt of an updated appraisal. STAFF REMARKS: The applicant
is requesting conveyance of a 158-square-foot parcel of filled, formerly
submerged, sovereignty lands.
In 1999, the applicant filled the subject parcel as part of the
construction of a seawall along his private residential waterfront
property. In addition, the
applicant also constructed an adjoining seawall and placed fill along
common property of the adjacent waterfront property owner, the North River
Plantation Homeowners Association (HOA). This work was done with the
acknowledgement and approval of the HOA, as evidenced by a 1999 agreement
between the parties.
Resolution of the unauthorized fill deposited during construction
of the HOA's seawall is the subject matter of a companion item. The applicant's seawall and fill
area extends approximately 3.7 feet waterward of the mean high water
line. No proprietary
authorization or regulatory permit was requested or issued for this work
at the time. This unauthorized filling and
placement of the seawall(s) was discovered by Department of Environmental
Protection (DEP) enforcement staff on August 12, 1999. The applicant is requesting to
purchase the filled parcel in order to keep it and the seawall at its
current location. A
regulatory Consent Order was entered into between DEP and the applicant on
September 23, 2002. Pursuant
to the Consent Order, the applicant has paid $2,500 for a civil penalty
and $500 for administrative cost.
Board of
Trustees Agenda -
May 13, 2003 Page
Fifteen ******************************************************** Item 10,
cont. Pursuant to section
18-21.013(3), F.A.C., the Board of Trustees may pursue the following
options in regard to state-owned submerged lands filled without
authorization June 11, 1957:
(1) direct the fill to be removed by or at the expense of the
applicant; (2) direct the fill to remain as state-owned; or (3) sell the filled land. The first option is not
recommended because removal of the fill would adversely impact vegetation
that has reestablished along the filled shoreline and immediate area. The second option is not
recommended because the location, size, and configuration of the parcel as
a narrow strip bordering private uplands is not suitable for management by
the state for public use.
Consequently, staff recommends that the parcel be
sold. Pursuant to Article Ten,
Section 11, of the Florida Constitution and section 18-21.004(1)(a),
F.A.C., the Board of Trustees may convey sovereignty lands, if determined
by the Board of Trustees to be in the public interest. In an effort to comply with
the public interest requirement, the applicant has agreed to purchase
equipment needed by DEP's Office of Coastal and Aquatic Managed Areas
(CAMA) to improve public land management needs in aquatic preserves. Specifically, this equipment (a
transit locator marker) will be used to demarcate boundaries of crucial
mitigation areas for necessary monitoring studies. The entire purchase price is
$1,316.84, plus tax, and the applicant's portion of responsibility is 70.8
percent or $932.32. The remaining 28.2 percent, to cover the entire
purchase price, will be assessed against the adjacent property owner for
the associated filling and seawall construction, as referenced above. The proposed conveyance would be
consistent with previous Board of Trustees' actions regarding conveyances
of similarly filled, formerly submerged, sovereignty lands. In light of the resource
management equipment that the applicant will purchase and donate to CAMA
to assist with managing public land resources, staff believes that the
conveyance is in the public interest. Pursuant to section
18-21.013(3)(c)3, F.A.C., staff shall recommend to the Board of Trustees
that the purchase price for filled land be assessed at three times the
present appraised value, since the unauthorized fill was placed by the
applicant after June 11, 1957.
An appraisal submitted
by the applicant and approved on April 11, 2002 by DEP's, Division of
State Lands, Bureau of Appraisal, indicates that the value of the parcel
is $20.00 per square foot.
Considering that the parcel is 158-square feet, the appraised value
of the filled parcel is valued at $3,160.00, and three times that value is
$9,480. Since the appraisal
is a year old, the applicant is obtaining an updated appraisal. The updated appraisal must be
approved by DEP's Bureau of Appraisal. Therefore, staff recommends that
if this request is approved, that it be subject to any modification needed
to reflect the result of the updated appraisal. The proposed conveyance has
been noticed, pursuant to section 253.115, F.S., and one objection was
received that expressed concern for the loss of shoreline habitat and
vegetation from the original filling. However, this shoreline is stable
and there are mangroves growing in the area where the unauthorized filling
occurred. A consideration of the status
of the local government comprehensive plan was not made for this
item. (See Attachment 10, Pages
1-4) RECOMMEND APPROVAL
SUBJECT TO (1) ANY MODIFIED FEE AS DETERMINED BY AN ACCEPTABLE, UPDATED
APPRAISAL; AND (2) RECEIPT OF THE TRANSIT LOCATOR MARKER
Board of
Trustees Agenda -
May 13, 2003 Page
Sixteen ******************************************************** Item 11 North River
Plantation Homeowners Association, Inc. Conveyance REQUEST: Consideration of an
application for the conveyance of a 65-square-foot, more or less, parcel
of filled, formerly submerged, sovereignty land contiguous to a
multi-family, residential development. COUNTY: Palm Beach Deed No. 30697
(4979-50)
BOT Application No.
500226256
Lease No.
500008626 APPLICANT: North River Plantation Homeowners
Association, Inc. (HOA)
LOCATION: Section 25,
Township 40 South, Range 42 East, in the North Fork, Loxahatchee River,
within the North Fork, Loxahatchee River Aquatic Preserve, Class II
Waters, near the Town of
Tequesta Aquatic Preserve: Yes,
Resource Protection Area 3 Outstanding Florida Waters:
Yes, Class II Designated Manatee County:
Yes, without an approved manatee protection plan Manatee Aggregation Area:
No Manatee Protection Speed
Zone: No CONSIDERATION: $3,900.00, representing three
times the appraised value of the filled parcel, pursuant to section
18-21.013(3)(c), F.A.C.
Fees may be adjusted based on receipt of an updated
appraisal. STAFF REMARKS: The applicant is requesting
conveyance of a 65-square-foot parcel of filled, formerly submerged,
sovereignty lands. In 1999,
with the approval of the applicant, the adjacent property owner (Hal
Cummings) offered to construct a seawall for the applicant's common
property. This work was done
with the acknowledgement of the applicant, in accordance with a 1999
agreement between the parties.
The seawall and the fill area extends approximately two feet
waterward of the mean high water line. No proprietary authorization or
regulatory permit was requested or issued for this work at the time. This unauthorized filling and
placement of the seawall(s) was discovered by Department of Environmental
Protection (DEP) enforcement staff on August 12, 1999. The applicant is requesting to
purchase the filled parcel in order to keep it and the seawall at its
current location. A
regulatory Consent Order was entered into between DEP and the applicant on
January 17, 2003. Pursuant to
the Consent Order, the applicant has paid $2,500 for a civil penalty and
$500 for administrative cost.
Immediately waterward and
contiguous to the filled parcel is the applicant's twelve-slip docking
facility (lease no. 500008626).
This leased facility is a multi-slip residential docking facility
for the residents of the upland development. Pursuant to section
18-21.013(3), F.A.C., the Board of Trustees may pursue the following
options in regard to state-owned submerged lands filled without
authorization June 11, 1957:
(1) direct the fill to be removed by or at the expense of the
applicant; (2) direct the fill to remain as state-owned; or (3) sell the filled land. The first option is not
recommended because removal of the fill would adversely impact vegetation
that has reestablished along the filled shoreline and immediate area. The second option is not
recommended because the location, size, and configuration of the parcel as
a narrow strip bordering private uplands is not suitable for management by
the state for public use.
Consequently, staff recommends that the parcel be
sold. Board of
Trustees Agenda -
May 13, 2003 Page
Seventeen ******************************************************* Item 11,
cont. Pursuant to Article Ten,
Section 11, of the Florida Constitution and section 18-21.004(1)(a),
F.A.C., the Board of Trustees may convey sovereignty lands, if determined
by the Board of Trustees to be in the public interest. In an effort to comply with the
public interest requirement, the applicant has agreed to purchase
equipment needed by DEP's Office of Coastal and Aquatic Managed Areas
(CAMA) to improve public land management needs in aquatic preserves. Specifically, this equipment (a
transit locator marker) will be used to demarcate boundaries of crucial
mitigation areas for necessary monitoring studies. The entire purchase price is
$1,316.84, plus tax, and the applicant's portion of responsibility is
29.2% or $384.52. The
remaining 70.8 percent, to cover the entire purchase price, will be
assessed against the adjacent property owner for the associated filling
and seawall construction, as referenced above. The proposed conveyance would be
consistent with previous Board of Trustees' actions regarding conveyances
of similarly filled, formerly submerged, sovereignty lands. In light of the resource
management equipment that the applicant will purchase and donate to CAMA
to assist with managing public land resources, staff believes that the
conveyance is in the public interest. Pursuant to section
18-21.013(3)(c)3, F.A.C., staff shall recommend to the Board of Trustees
that the purchase price for filled land be assessed at three times the
present appraised value, since the unauthorized fill was placed by the
applicant after June 11, 1957.
An appraisal submitted
by the applicant and approved by DEP's, Division of State Lands, Bureau of
Appraisals, indicates that the value of the parcel is $20.00 per square
foot. Considering that the
parcel is 65-square feet, the appraised value of the filled parcel would
amount to $1,300 and three times that value is $3,900.00. Since the appraisal is a year old,
the applicant is obtaining an updated appraisal. The updated appraisal must be
approved by DEP's Bureau of Appraisal. Therefore, staff recommends that if
this request is approved, that it be subject to any modification needed to
reflect the result of the updated appraisal. In addition to the
unauthorized filling, the applicant and Mr. Cummings are involved in a
dispute over the riparian line of the above-referenced submerged lands
lease for the existing multi-slip, residential docking facility. The two parties have discussed the
delineation of the riparian lines and whether the location and design of
the docking facility infringes on each others riparian rights. Until this issue has been
resolved, DEP staff has been unable to renew the lease. The two parties are working
together to resolve the conflict; however, the final resolution has not
yet been reached. Once this
resolution has been reached, DEP staff can proceed with the appropriate
action under delegation of authority. The proposed conveyance has
been noticed, pursuant to section 253.115, F.S. No objections have been
received.
A consideration of the status
of the local government comprehensive plan was not made for this
item. (See Attachment 11, Pages
1-4) RECOMMEND APPROVAL
SUBJECT TO (1) ANY MODIFIED FEE AS DETERMINED BY AN ACCEPTABLE, UPDATED
APPRAISAL; AND (2) RECEIPT OF THE TRANSIT LOCATOR
MARKER Board of
Trustees Agenda -
May 13, 2003 Page
Eighteen ******************************************************** Item 12 City of
Pahokee/Everglades Ventures Company LLC Recommended Consolidated
Intent REQUEST:
Consideration of an application to: (1) convert an existing Board of
Trustees' Use Permit into a 25-year sovereignty submerged lands lease
containing 401,361 square feet, more or less, for an existing public
marina; (2) request that the lease fees be based strictly on six percent
of the annual rental value from the wet slip rental area; and (3) request
a waiver of the annual extended term lease fee. COUNTY: Palm
Beach Lease No.
500224016 APPLICANTS: City of
Pahokee and Everglades Ventures Company L.L.C. (d/b/a Everglades
Adventures RV & Sailing Resort) LOCATION: Section 13,
Township 37 South, Range 41 East, in Lake Okeechobee, Class I Waters,
within the local jurisdiction of the City of Pahokee
Aquatic
Preserve: No Outstanding
Florida Waters: No Designated
Manatee County: Yes, without an approved Manatee Protection
Plan Manatee
Aggregation Area: No Manatee
Protection Speed Zone: No CONSIDERATION: $56,102.75 representing
(1) $47,126.31 as the initial lease fee computed at the base rate of
$0.1278 per square foot, discounted 30 percent because of the first-come,
first-served nature of the facility, and including the initial 25 percent
surcharge payment; and (2) $8,976.44 as the annual extended term lease
fee. Sales tax will be
assessed pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted
based on six percent of the annual rental value, pursuant to section
18-21.011(1)(a)1, F.A.C. STAFF REMARKS: On May 7,
1956, the Board of Trustees issued a Use Permit to the City of Pahokee
(City) to use and control a parcel of Lake Okeechobee bottom related to an
existing breakwater. The Use
Permit authorized the City to "occupy, use, and control, for the benefit
of the public" a parcel of lake bottom in and around the breakwater to
afford protection to boats and other craft for navigation, refuge,
wharfage, mooring, docking, and servicing. The Use Permit is valid as long as
the breakwater remains operational and is continued to be operated by the
City. Over the years, the
City established a public boat mooring area/marina along the breakwater
located entirely within the boundaries of the 1956 Board of Trustees' Use
Permit. No lease fees were
assessed to the City under the subject Use Permit. The adjacent state-owned uplands
were also leased to the City on December 15, 1986, for the development and
management of public outdoor recreation and related purposes. On October 30, 2001, the City
requested and obtained approval from the Board of Trustees to sublease the
state-owned uplands to Everglades Ventures Company L.L.C. (EVC). The October 2001 approval of the
upland sublease referenced the City's plans to request a submerged lands
lease for the marina facility and for the subsequent sublease (or
reassignment) of the submerged lands to EVC for operation of the
marina. The City, in association with
EVC, is now requesting the Board of Trustees to convert the Use Permit
(IWE 29149) into a 25-year sovereignty submerged lands lease for the
purpose of operating a public/commercial marina on the southeastern side
of Lake Okeechobee within the jurisdiction of the City. No work or further expansion onto
sovereignty submerged lands is being proposed under this request, only the
conversion of the Use Permit into a submerged lands lease. All activities currently taking
place at the site are within the boundaries of the Use
Permit. The applicants are requesting
the Board of Trustees' approval of a specific lease fee assessment by the
state for the commercial operation of the public/commercial marina by
EVC.
Because Board of
Trustees Agenda -
May 13, 2003 Page
Nineteen ********************************************************* Item 12,
cont. of the size of the lease area
at the breakwater and the marina (401,361 square feet) the applicants
request that all lease fees be based strictly on six percent of the annual
rental value from the wet slip rental area, rather than following the rule
options for fee assessment that provides for the fees to be based on six
percent of the annual rental value from the wet slip rental area of the
marina slips, or on a fee derived from applying the size (in square feet)
of the lease area times the base fee rate (currently $0.1278 per square
foot as established by rule), or a minimum fee, whichever is greater. The applicants contend that due to
the size of the marina area, that basing the fees on a per square footage
charge would cost several times more than the annual gross revenue of the
marina. The resultant cost
would be counter productive to the City's redevelopment and job creation
efforts, as well as, it would jeopardize the entire marina project. The applicants feel that the six
percent of the annual rental value as a lease fee would be commensurate
with the revenues of the facility and will grow in time with the projected
revenues.
In addition to the requested
fee structure, the applicants are also requesting approval of an extended
term lease of 25 years, without the additional fees levied for an extended
term lease. Pursuant to 18-21.008(2)(a), F.A.C., the applicants qualify
for an extended term lease because the marina provides access to public
waters and is open to the general public on a first-come, first-served
basis. The applicants contend
that this will give long-term stability to the lease and will run
concurrently with the 30-year upland sublease between the City and
EVC. The applicants feel this
is a fair trade off, since the existing Use Permit has no fees, doesn't
expire as long as the facility exists and is run by the City, and it can
only be canceled with cause.
The applicants also intend on pursuing a Clean Marina designation
to ensure that they will continue to be a good environmental steward. If this request is approved,
the marina would be operated as a revenue generating facility; therefore,
DEP recommends that lease fees be assessed as provided for in section
18-21.011, F.A.C., pursuant to section 253.03(11), F.S.
The City is designated as a
Rural Area of Critical Economic Concern, and this proposal along with the
upland sublease, should assist the City and the community by providing
additional jobs and economic growth for increased
tourism. Ninety percent of all the
slips will be maintained on an open to the public, first-come,
first-served basis, and this requirement has been included as a special
lease condition.
The existing DEP
environmental resource permit requires sewage pump out facilities,
prohibits liveaboards and authorizes fueling facilities. The recommendation of the Florida
Fish and Wildlife Conservation Commission (FFWCC) regarding protection of
manatees are addressed in the existing DEP environmental resource
permit. Palm Beach County is
a designated manatee county without an approved manatee protection
plan. FFWCC has stated,
"while a significant amount of effort was made in the 1990s on development
of a plan, no significant progress has been made to complete the process
in recent years." The project was not required
to be noticed, pursuant to section 253.115, F.S. A local government
comprehensive plan has been adopted for this area, pursuant to section
163.3167, F.S.; however, the Department of Community Affairs (DCA)
determined that the plan was not in compliance. In accordance with the compliance
agreement between DCA and the local government, an amendment has been
adopted which brought the plan into compliance. The proposed conversion has been
determined to be consistent with the adopted plan as amended according to
a letter from the City dated August 29, 2001. (See Attachment 12, Pages
1-9) Board of
Trustees Agenda -
May 13, 2003 Page
Twenty ******************************************************* Item 12,
cont. RECOMMEND (1)
APPROVAL OF THE CONVERSION OF A USE PERMIT TO A 25-YEAR EXTENDED TERM
LEASE SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $56,102.75;
(2) DENIAL OF THE PROPOSED MODIFIED FEE STRUCTURE; AND (3) DENIAL OF THE
WAIVER OF THE ANNUAL EXTENDED TERM LEASE FEE ******************************************************* Item 13 Gulfstream
Land Company, LLC Recommended
Consolidated Intent REQUEST: Consideration of an application
for (1) a ten-year sovereignty submerged lands lease for the proposed
combination of two existing commercial marinas into one commercial marina;
and (2) the expansion of the combined marina facility by an additional
15,281 square feet, for a total lease area of 74,666 square feet, more or
less. COUNTY: Martin
Lease No.
430032538
FDEP File No.
43-0082080-001 APPLICANT: Gulfstream Land Company, LLC
(d/b/a Riverwatch Marina)
LOCATION: Section 17, Township 38 South,
Range 41 East, in the South Fork of the St. Lucie River, Class III
Waters, near the city of Stuart, within the local jurisdiction of Martin
County Aquatic
Preserve:
No Outstanding
Florida Waters:
No Designated
Manatee County: Yes, with an
approved Manatee Protection Plan Manatee
Aggregation Area: No Manatee
Protection Speed Zone: Yes,
slow speed year round CONSIDERATION: $7,945.35, representing (1)
$7,167.85 as the initial lease fee computed at the base rate of $0.1278
per square foot, discounted 30 percent because of the first-come,
first-served nature of the facility, including the initial 25 percent
surcharge payment for the additional area; and (2) $777.50 as lease fees
in arrears. Sales tax will be
assessed pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted
based on six percent of the annual rental value, pursuant to section
18-21.011(1)(a)1, F.A.C. STAFF REMARKS: In accordance with rules adopted
pursuant to sections 373.427(2) and 253.77(2), F.S., this "Recommended
Consolidated Notice" contains a recommendation for issuance of both the
permit required under part IV of chapter 373, F.S., and the authorization
to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested
to act on those aspects of the activity which require authorization to use
sovereignty submerged lands.
If the Board of Trustees approves the request to use sovereignty
submerged lands and the activity also qualifies for a permit, the
Department of Environmental Protection (DEP) will issue a "Consolidated
Notice of Intent to Issue" that will contain general and specific
conditions. If the Board of
Trustees denies the use of sovereignty submerged lands, whether or not the
activity qualifies for a permit, DEP will issue a "Consolidated Notice of
Denial." The applicant is proposing to
combine two existing, adjacent, commercial marinas, with wet and upland
dry storage, to create one
new marina, and expand the overall lease area by 15,281 square feet. The applicant purchased the two
adjacent commercial marinas with their associated sovereignty submerged
land leases. The new
commercial marina facility will combine Lease No. 430010078 containing
1,286 square feet, and Lease No. 431411078 Board of
Trustees Agenda -
May 13, 2003 2nd
Substitute Page Twenty-one ******************************************************** Item 13,
cont. containing 58,099 square
feet, as well as, expand the facility by an additional 15,281 square feet,
for a total of 74,666 square feet.
The expansion will involve the installation of a 3,690 square foot
floating dock that will be used for fueling, concessions, and dry dock
launch/retrieval. The
combined and expanded facility will contain 32 existing permanent wet
slips, 400 existing upland dry storage slips, and 18 proposed temporary
wet slips. The marina will
accommodate both commercial and non-commercial vessels up to 40 feet in
length. Ninety percent of all of the
slips at the marina will be maintained on an open to the public,
first-come, first-served basis, and this requirement has been included as
a special lease condition.
An April 3, 2002 site
inspection revealed that the applicant was not in compliance with Lease
No. 430010078. At the time of
the inspection, there were structures and mooring occurring outside the
existing lease boundary. The applicant was instructed to remove one
portion of a floating dock and obtain proprietary authorization for the
other portion of the floating dock, as well as the mooring area that was
being utilized. At that time,
the entire floating dock was not requested to be removed as it is
associated with a travel lift for dry dock storage. A February 26, 2003 site visit
revealed the applicant had removed the specified dock, and the applicant
had an active application with DEP to expand the lease. DEP is seeking lease fees in
arrears from the date of purchase of the property for the portion of the
dock and its associated mooring area that is outside the existing lease
boundary. DEP did not seek
administrative fines for the violation as the docks were installed by the
previous property owner and discovered when the applicant applied to
transfer the lease. DEP's environmental resource
permit allows sewage pumpout facilities, fueling facilities, and prohibits
liveaboards. There are no
seagrasses/resources at the site.
The project was noticed as required by section 253.115, F.S., and
no objections have been received.
The recommendations of the
Florida Fish and Wildlife Conservation Commission (FFWCC) regarding the
protection of manatees have been addressed either as special lease
conditions or as specific conditions of the environmental resource
permit. Martin County is a
designated manatee county with an approved manatee protection plan. FFWCC has determined that the
proposed project is consistent with the plan, pursuant to its February 17,
2003 letter. A local government
comprehensive plan has been adopted for this area pursuant to Section
163.3167, F.S.; however, the Department of Community Affairs (DCA)
determined that the plan was not in compliance. In accordance with the compliance
agreement between DCA and the local government, an amendment has been
adopted which brought the plan into compliance. On February 19, 2003, a letter
received from Martin County indicated that the Martin County Growth
Management Plan, Martin County Code would not appear to prohibit the
proposed expansion. (See Attachment 13, Pages
1-22) RECOMMEND APPROVAL
SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $7,945.35 ********************************************************* 2nd Substitute Item 14 Cabbage Key
Inc. Recommended Consolidated Intent
REQUEST: Consideration of an application
for a modification of a five-year sovereignty submerged lands lease to
increase the preempted area from 4,361 square feet to 31,063 square feet,
more or less, for an existing commercial docking
facility. Board of
Trustees Agenda -
May 13, 2003 2nd
Substitute Page Twenty-two ********************************************************* 2nd Substitute Item 14,
cont. COUNTY:
Lee Lease No.
360019065 ERP File
No. 36-0184402-001
APPLICANT: Cabbage Key
Inc. (d/b/a
Tarpon Lodge) LOCATION: Section 07,
Township 44 South, Range 22 East, in the Pine Island Sound, RPA III, Class
II waters not approved for shellfish harvesting, within the local
jurisdiction of Lee County Aquatic
Preserve: Pine Island Sound,
RPA III Outstanding
Florida Waters:
Yes Designated
Manatee County: Yes, without
an approved manatee protection plan Manatee
Aggregation Area: No
Manatee
Protection Speed Zone: Yes, idle/slow speed zone CONSIDERATION: $3,632.02 as the initial lease fee
computed at the base rate of $0.1278 per square foot, discounted 30
percent because of the first-come, first-served nature of the facility,
and including the initial 25 percent surcharge payment for the additional
area. Sales tax will be
assessed pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted
based on six percent of the gross rental income pursuant to section
18-21.011(1)(a)1, F.A.C. STAFF REMARKS: In accordance with rules adopted
pursuant to sections 373.427(2) and 253.77(2), F.S., the attached
"Recommended Consolidated Notice" contains a recommendation for issuance
of both the permit required under part IV of chapter 373, F.S., and the
authorization to use sovereignty submerged lands under chapters 253 and
258, F.S. The Board of
Trustees is requested to act on those aspects of the activity, which
require authorization to use sovereignty submerged lands. If the Board of Trustees approves
the request to use sovereignty submerged lands and the activity also
qualifies for a permit, the Department of Environmental Protection (DEP)
will issue a "Consolidated Notice of Intent to Issue" that will contain
general and specific conditions.
If the Board of Trustees denies the use of sovereignty submerged
lands, whether or not the activity qualifies for a permit, DEP will issue
a "Consolidated Notice of Denial." The lessee is requesting
authorization to modify an existing five-year sovereignty submerged lands
lease by: (1) expanding the
existing five-slip commercial docking facility to a 28-slipcommercial
commercial docking facility; (2) installing 2,076 square feet of new
docking structures; and (3) increasing the lease area an additional 26,702
square feet, for a total of 31,063 square feet. This expansion is in
conjunction with the existing upland hotel and restaurant. The existing docking facility is
located on sovereignty submerged land that was deepened by dredging in the
1926s. It has access to the
Intracoastal Waterway via Wilson Cut, a channel on sovereignty submerged
lands that was created by dredging in 1926. The modified docking facility will
provide no more than 22 slips to be rented/leased for recreational
boaters, 3 slips to be rented/leased for charter fishing boats, and 3
wetslips for temporary mooring for restaurant and hotel patrons on a
first-come, first-serve basis.
The temporary mooring slips will also be made available free of
charge for guests wishing to visit the nearby Randall Research Center, a
public archeological site owned by the University of Florida Foundation,
Inc. Vessels using the
facility are anticipated to have lengths not exceeding 30 feet, beams not
exceeding 12 feet, and drafts not exceeding 3 feet. Ninety percent of all of the slips
at the facility will be maintained on an open to the public, first-come,
first-served basis, and this requirement has been included as a special
lease condition. Board of
Trustees Agenda -
May 13, 2003 2nd
Substitute Page Twenty-three ********************************************************* 2nd Substitute Item 14,
cont. DEP originally approved the
lease under delegation of authority on November 28, 1994. That lease, for the former
unregistered grandfathered structures, was issued to The Cloisters at Pine
Island, Inc., a Pennsylvania corporation, which was the riparian upland
owner. DEP modified the lease
on November 28, 1999 to reflect a change in ownership and upland ownership
subsequently renewed the lease.
The lease expires on November 28, 2004. The Board of Trustees issued a
disclaimer (No. 30514) for the footprint of a 1,257-square-foot portion of
the existing docking facility on May 4, 2001, pursuant to section 253.129,
F.S. The lease has not
yet been modified to exclude this area. Therefore, the requested lease
modification will also delete the disclaimed area from the lease. The existing lease prohibits
gambling ships/"cruises to nowhere" and they will continue to be
prohibited in the modified lease.
The Florida Fish and Wildlife
Conservation Commission (FFWCC) recommended on July 5, 2001 that the
lessee: (1) comply with the standard manatee protection construction
conditions for all in-water construction; (2) install and maintain
permanent manatee information and/or awareness sign(s) in accordance with
FFWCC requirements; and (3) install and maintain a literature display to
distribute (at no charge) to boaters using the docking facilities copies
of "A Boater's Guide to Lee County" information booklets, and to ensure
that the literature display has an adequate supply of booklets at all
times. These items are
addressed in DEP's environmental resource permit. On August 7, 2001, FFWCC
determined that Lee County to
is not making significant progress toward developing an
FFWCC-approved manatee protection plan. On March 10, 2003, Lee County
submitted a manatee protection plan to FFWCC. On March 14, 2003, FFWCC confirmed
their original 2001 recommendations and stated that if the recommended
2001 measures are incorporated into the authorization and followed by the
applicant, this project is not expected to significantly impact
manatees. FFWCC also stated
in its March 14, 2003 letter that it has not yet determined whether the
recently submitted manatee protection plan is sufficient for FFWCC to
determine that Lee County is making sufficient progress toward developing
an FFWCC approved manatee protection plan. Therefore, the project is being
brought to the Board of Trustees for consideration as a project of
"heightened public concern" pursuant to section 18-21.0051(4), F.A.C. A January 16, 2003 site
inspection by DEP staff revealed the facility to be in compliance with the
existing lease. The existing lease prohibits
fueling facilities and liveaboards, but authorizes a sewage pumpout
facility. DEP's environmental
resource permit also prohibits liveaboards and fueling facilities over
sovereignty submerged lands.
Therefore, the modified lease will continue to prohibit liveaboards
and fueling facilities. The
permit also incorporates several requirements designed to prevent and/or
reduce water quality impacts including implementation of a marina
management plan resulting in a net improvement to water quality at the
site. The proposed project is
located in Pine Island Sound Aquatic Preserve. As such, the project should only
be approved if determined by the Board of Trustees to be clearly in the
public interest consistent with section 258.42, F.S., and section
18-20.004(2), F.A.C. Staff is
of the opinion that the proposed project is clearly in the public interest
since the lessee has proposed to:
(1) install a seagrass educational display at this docking facility
and the lessee's nearby Cabbage Key property (lease no. 360000385); (2)
install a seagrass informational marker in a nearby shallow seagrass area;
(3) include seagrass information in all of the lessee's printed
advertisements for this leased facility and the lessee's nearby Cabbage
Key property, including placemats used at the lessee's restaurants at each
of the two properties; (4)
maintain at all times one boat slip and one upland parking space available
for use by the Lee County Sheriff's Office substation for enforcement
within the aquatic preserve; and (5) make available to the Lee County
Sheriff's Office land based access and office space for meetings,
telecommunications, and planning water operations for enforcement within
the Aquatic Preserve. Each of
these items is intended to reduce ongoing prop dredging in a nearby
seagrass area (Resource Protection Area 1) adjacent to the previously
dredged area, and is included in DEP's environmental resource
permit. Board of
Trustees Agenda -
May 13, 2003 2nd
Substitute Page Twenty-four ********************************************************* 2nd Substitute Item 14,
cont. The current modified lease
request was not required to be noticed due to an exemption for lease
modifications, pursuant to section 253.115(5)(i),
F.S. A local government
comprehensive plan has been adopted for this area pursuant to section
163.3167, F.S.; however, the Department of Community Affairs (DCA)
determined that the plan was not in compliance. In accordance with the compliance
agreement between DCA and the local government, an amendment has been
adopted which brought the plan into compliance. The proposed action is consistent
with the adopted plan as amended according to a letter received from Lee
County. (See Attachment 14, Pages
1-35) RECOMMEND APPROVAL
SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $3,632.02 ********************************************************* Item 15 Intrawest
Sandestin Company, LLC Recommended Consolidated
Intent REQUEST: Consideration of an application
for a 30-day, three-year sovereignty submerged lands lease to preempt
approximately 59,253 square feet, more or less, for temporary mooring for
a fishing tournament. COUNTY:
Walton Lease
No.
660033351 Application
No. 66-0209497-002-DF APPLICANT: Intrawest
Sandestin Company, LLC (d/b/a
Emerald Coast Bluewater Classic Fishing Tournament)
LOCATION: Section 26,
Township 02 South, Range 21 West, in Choctawhatchee Bay, Class II Waters,
Prohibited Shellfish Harvesting Area, within the local jurisdiction of
Walton County Aquatic
Preserve: No
Outstanding
Florida Waters:
No Designated
Manatee County:
No Manatee
Aggregation Area:
No Manatee
Protection Speeding Zone:
No
CONSIDERATION: $788.80,
representing the initial lease fee computed at the base rate of $0.1278
per square foot, and including the initial 25 percent surcharge
payment. Sales tax will be
assessed, pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted
based on five percent of the gross rental income, pursuant to section
18-21.011(1)(d), F.A.C. STAFF REMARKS: In accordance with rules adopted
pursuant to sections 373.427(2) and 253.77(2), F.S., this "Recommended
Consolidated Notice" contains a recommendation for issuance of both the
permit required under part IV of chapter 373, F.S., and the authorization
to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested
to act on those aspects of the activity, which require authorization to
use sovereignty submerged lands.
If the Board of Trustees approves the request to use sovereignty
submerged lands, and the activity also qualifies for a permit, the
Department of Environmental Protection (DEP) will issue a "Consolidated
Notice of Intent to Issue" that will contain general and specific
conditions. If the Board of
Trustees denies the use of sovereignty submerged lands, whether or not the
activity qualifies for a permit, DEP will issue a "Consolidated Notice of
Denial." The applicant proposes to
preempt 59,253 (1.36 acres) square feet of mooring area consisting of 108
temporary mooring pilings for the purpose of mooring 42 vessels, plus 5
slips for Board of
Trustees Agenda -
May 13, 2003 Page
Twenty-five ********************************************************* Item 15,
cont. unloading the catch and
fueling, at the Emerald Coast Bluewater Classic Fishing Tournament
(tournament). The tournament
will be held this year from June 18 through June 22, and is proposed to
run for a period of 30 days, for three years. As the tournament may not be held
the same days on the succeeding years, the applicant will notify DEP 60
days prior to the actual date of the proposed tournament each year. The applicant proposes to place
the pilings, run the tournament for one week, and dismantle the facility
all within a 30-day timeframe.
The boats are proposed to arrive at the docking facility from June
16 through June 18. They will
leave the docking facility to fish offshore on June 19 and remain offshore
until June 21, when they will return to the docking facility. It is estimated that each boat
will require approximately 20 minutes to unload the catch and pump out the
sewage tank. The boats will
not refuel until they leave the facility the next morning. This scenario will insure that no
boats will be moored outside of the proposed lease boundary during the
event while awaiting a space at the unloading area. The proposed mooring for the
tournament will take place along the outer perimeter of the applicant's
existing 100-slip commerical marina (Lease No. 660806911). The existing lease preempts
478,289 square feet of sovereignty submerged lands. A site inspection on April 2, 2003
revealed that the applicant was not in compliance with its existing
lease. The applicant is
currently allowing mooring to occur outside of the lease boundary,
parallel to the outside of the dock, where the proposed mooring for the
tournament is to occur. The
additional preempted area is approximately 16,990 square feet and lease
fees in arrears of $3,165.93 have been assessed for the additional area
from June 12, 2001 to present. The lease modification will comprise an
area approximately 20 feet to 25 feet outside of the existing lease
boundary and the boats will be moored parallel to the dock. The tournament lease will comprise
an area approximately 40 feet to 65 feet outside of the existing lease
boundary and the boats will be moored perpendicular to the dock. In essence, during the majority of
the year, one set of boats will be moored parallel to the dock. However,
during the tournament, the existing boats will be removed and the
tournament boats are proposed to be moored stern first, perpendicular to
the main access dock. The facility is located in
Choctawhatchee Bay in an area of good flushing with water depths ranging
from -5 feet mean low water (MLW) to -7 feet MLW. Due to the rapid flushing of the
area, no hydrographic study was requested of the applicant. The 42 vessels in the fishing
tournament will range from 40 feet to 65 feet or more in length and have
drafts ranging from 1.5 feet to 4 feet. The smaller boats (40 feet to 48
feet) will be moored closer to the shoreline in water depths with a
minimum of -5 feet MLW. The
larger boats (55 feet to 65 feet) will be moored further offshore in water
depths with a minimum of -7 feet MLW. No seagrasses or other submerged
resources are located within the proposed lease area or in the area used
by the boats for ingress and egress.
Permanent buoys currently mark the optimum navigational route for
tournament ingress and egress to the docks. A copy of the application was sent
to the Florida Fish and Wildlife Conservation Commission (FFWCC), Florida
Marine Patrol, for review, and no objections have been
received. The applicant has proposed a
plan and procedure to protect nearby Class II waters and water
quality. Pilings may be
driven or jetted depending upon the bottom conditions, and turbidity
curtains will be employed in order to alleviate any concerns with
turbidity problems. All
pilings will be removed immediately after conclusion of the fishing
tournament. The applicant
proposes to use CCA treated pilings as the water quality sampling revealed
that all parameters were in compliance. The applicant will conduct water
quality monitoring for metals and fecal coliforms on day two of the
tournament and one week after the pilings are removed. Best management practices include
the prohibition of discharges of other common pollutants such as: waste or
new oil, anti-freeze/engine coolants, waste gasoline, diesel, kerosene,
mineral spirits, grease or batteries. Board of
Trustees Agenda -
May 13, 2003 Page
Twenty-six ******************************************************** Item 15,
cont. The project is located in
Class II Waters, Prohibited for Shellfish Harvesting, however, the
adjacent waters are Class II Waters, Conditionally Approved for Shellfish
Harvesting. The Department of
Agriculture and Consumer Services, Shellfish Environmental Assessment
Section, had no objections to the project in a letter received on April
22, 2003. No permanent
liveaboards are permitted at the fishing tournament, however, crews of
approximately three people per boat, for all boats, are authorized to
remain overnight with their vessels for safety purposes. The applicant has provided
assurances that these boats have sufficient holding tank capacity to
accommodate overnight use without having to discharge. The stay-on-board crews will be
using upland facilities when they are moored at the dock; this practice is
customary at other fishing tournaments in Florida. Commercially maintained restroom
facilities in the form of one port-o-let per 50 people will be provided on
the uplands for tournament attendees and staff. A permanent sewage pumpout
facility is located at the western unloading area on the main access dock
and will be available for usage by the tournament participants. The applicant will also have a
portable sewage pumpout facility located at the eastern unloading area for
usage by the tournament participants. A special lease condition has been
added which will require the applicant to have a back-up sewage pumpout
facility on-site within four hours, in the event that either existing
sewage pumpout unit becomes non-functional or the usage is such that an
additional pumpout becomes necessary. The applicant will have two areas,
comprising five slips, set aside for temporary catch unloading and
fueling. One area will be
located at the eastern end of the facility near the landward end of the
main access dock. The other
will be located at the western end of the main access dock near the bend
in the "F" shaped docking facility.
No fish cleaning facilities are authorized over the water and the
catch will be donated whole to Harvest House, a not-for profit
organization designed to help the less fortunate. DEP's wetland resource permit
requires an additional portable sewage pumpout facility, authorizes
temporary liveaboards and fueling facilities. According to an April 30, 2003
letter from FFWCC, Bureau of Protected Species Management, the proposed
project will not significantly affect the endangered manatee as long as
the applicant follows the standard manatee construction conditions for all
in-water construction. This
has been included as a specific condition in the wetland resource permit
and as a special lease condition.
The Department of Community Affairs stated in a March 14, 2003
letter that it had no objections to the project and would not require a
Development of Regional Impact Review. Noticing of property owners within
a 500-foot radius of the project was not required, as the applicant owns
all of the property within the 500-foot radius. The proposed project will not be
located within the 25-foot setback area, as the applicant owns all of the
property for more than 25 feet in each direction. A local government
comprehensive plan has been adopted for this area pursuant to section
163.3167, F.S.; however, the Department of Community Affairs (DCA)
determined that the plan was not in compliance. In accordance with the compliance
agreement between DCA and the local government, an amendment has been
adopted which brought the plan into compliance. The proposed action is consistent
with the adopted plan as amended according to a letter received from
Walton County. (See Attachment 15, Pages
1-26) RECOMMEND APPROVAL
SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF
$788.80 Board of
Trustees Agenda -
May 13, 2003 Substitute
Page Twenty-seven ******************************************************* Substitute Item 16 Beatrice A.
Gamble Trust Lease Modification REQUEST:
Consideration of a request to modify a ten-year sovereignty
submerged lands lease to remove Special Lease Condition 30.C.
COUNTY: Duval
Lease No.
160268192 APPLICANT: Beatrice A.
Gamble Trust (d/b/a Julington Creek Pier # 3) LOCATION: Section 55,
Township 04 South, Range 27 East, in Julington Creek, Class III Waters,
within the local jurisdiction of the city of
Jacksonville Aquatic
Preserve: No Outstanding
Florida Waters: No Manatee
County: Yes, with an approved manatee protection
plan Manatee
Aggregation Area: No Manatee
Protection Speed Zone: No
STAFF REMARKS: The lessee operates a 72-slip
commercial marina that preempts 31,945 square feet, more or less, of
sovereignty submerged lands.
The lessee is requesting removal of Special Lease Condition 30.C.
from the lease. Special Lease
Condition 30.C. states, "The Lessee and future heirs and assigns further
agree that any present or future right to object to the adjacent
structures are hereby waived and this expansion as approved represents the
maximum allowable facility and no expansions or other actions will be
requested nor approved."
Removal of this condition would allow the lessee to make subsequent
applications to the Board of Trustees for expansions of this facility or
other actions.
On May 16, 1978, the Board of
Trustees approved a five-year sovereignty submerged lands lease that
authorized the preemption of 13,188 square feet of sovereignty submerged
lands for the construction and operation of a commercial marina, Julington
Creek Pier #3. On February
18, 1986, the Board of Trustees approved a modified five-year sovereignty
submerged lands lease for the expansion of the lessee's riparian area to
encompass 31,945 square feet, more or less, of sovereignty submerged
lands. Prior to the Board of
Trustees' approval of this lease, the Board of Trustees had granted
conceptual approval for the proposed expansion. This lease was later modified as
the structure, as it was then proposed, failed to provide adequate access
to the facility owned by the lessee and the adjacent facility to the west
owned by Wiley E. Andreu. In
conjunction with the requested lease modification, the lessee entered into
an agreement, on May 30, 1986, with Wiley Andreu, the adjacent property
owner to the west, and Melvin
Andreu, the adjacent property owner to the east. This agreement waived the lessee's
right to object to the adjacent facilities and acknowledged that no
expansions to the lessee's facility would be proposed or requested. This stipulation was subsequently
incorporated as a special lease condition, currently listed as Special
Lease Condition 30.C. in the lessee's current lease. On October 30, 2002, the lessee
and Wiley Andreu entered into an agreement under which Wiley Andreu would
not object to the removal of Special Lease Condition 30.C. from the
lessee's current lease. The lessee is currently
allowing vessels to moor beyond the terminus of the lease area along the
waterward side of the terminal platform of the main pier and along the
section of the access pier nearest the shoreline over which the lease area
only covers the access pier itself.
The Department of Environmental Protection (DEP) has during prior
inspections of the facility and subsequent correspondence with the lessee
requested that the lessee discontinue allowing vessels to moor outside of
the lease area. The lessee
complied with DEP's requests for compliance at the time they were made;
however, subsequent to those instances has allowed vessels to return to
mooring in areas not under lease. Therefore DEP has initiated
an administrative enforcement action resolution to which is
pending. Board of
Trustees Agenda -
May 13, 2003 Substitute
Page Twenty-eight ******************************************************** Substitute Item 16,
cont. The City of Jacksonville
(City) was notified by DEP staff of the pending consideration by the Board
of Trustees of this item. The
City submitted a letter on May 1, 2003 objecting to any change in the
lessee's lease conditions. In
1984 the lessee, Wiley Andreu, Frances Ferber, an adjacent property owner
to the west of Wiley Andreu, and the Board of Trustees entered into a
settlement agreement which resolved outstanding riparian rights concerns
and other pending litigation.
A stipulation of this agreement was that Frances Ferber did not
object to the location and configuration of the docks built by Wiley
Andreu and the lessee. In
addition, the agreement included a stipulation that Wiley Andreu and the
lessee shall not object to an application for a sovereignty submerged
lands lease by Frances Ferber or her successor in title for a dock or
marina facility of substantially similar design and configuration. The
City having purchased the upland property previously owned by Frances
Ferber is now successor in title.
The City has submitted to staff an application to use sovereignty
submerged lands for the purpose of building a public boat ramp. The City's objection to the
removal of the special lease conditions is based on the City's opinion
that any enlargement of the lessee's lease area would justify an increase
in their capacity to serve private boating interests at the expense of the
boating public that would rely on the public boat ramp adjacent to the
facility owned by the lessee. The lease area at its
terminus is 78-feet wide while the lessee owns approximately 50 linear
feet of shoreline. The lease
area encompasses approximately .73 acre, more or less, as compared to the
lessee's total upland ownership of .56 acre, more or less. In consideration of the respective
amounts of shoreline owned by the lessee, and the current authorized
preemption of sovereignty submerged lands, staff believes that the lessee
exceeds a reasonable riparian use of sovereignty submerged lands. The
original application of the special lease condition to the lessee's lease
is appropriate in addressing the question of reasonable riparian use when
the extent of that usage far exceeds the adjoining upland and length of
shoreline held by the riparian owner. It is the opinion of staff that
the continued application of this special lease condition is appropriate
to preclude the lessee from making subsequent requests to the Board of
Trustees for consideration of future expansions of the facility. Staff opinion, however, is
formulated on the past direction provided by the Board of Trustees, in its
inclusion of the special lease conditions in the lessee's lease, regarding
the lessee's extent of riparian usage. (See Attachment 16, Pages
1-10) RECOMMEND
DENIAL ********************************************************* Substitute Item 17 Wiley E.
Andreu Lease Modification REQUEST: Consideration of a request to
modify a ten-year sovereignty submerged lands lease to remove Special
Lease Conditions 30.A. and 30.C. COUNTY: Duval
Lease No.
161138222 APPLICANT: Wiley E.
Andreu (d/b/a Bull Bay Pier) LOCATION: Section 55,
Township 04 South, Range 27 East, in Julington Creek, Class III Waters,
within the local jurisdiction of the city of
Jacksonville Aquatic
Preserve: No Outstanding
Florida Waters: No Manatee
County: Yes, with an approved manatee protection
plan Manatee
Aggregation Area: No Manatee
Protection Speed Zone: No Board of
Trustees Agenda -
May 13, 2003 Substitute
Page Twenty-nine ********************************************************* Substitute Item 17,
cont. STAFF REMARKS: The lessee operates a 69-slip
commercial marina that preempts 31,945 square feet, more or less, of
sovereignty submerged lands.
The lessee is requesting removal of Special Lease Conditions 30.A.
and 30.C. from the lease.
Special Lease Condition 30.A. states, "The Lessee agrees that the
east side of the landward leg of the facility shall contain no boat slips,
nor shall any vessel be allowed to moor in this area. The landward leg of the facility
is defined as that area approximately 190 feet extending southeasterly and
between the shoreline and the southwesterly extension of the elbow of the
dock." Special Lease
Condition 30.C. states, "The
Lessee and future heirs and assigns further agree that any present or
future right to object to the adjacent structures are hereby waived and
this expansion as approved represents the maximum allowable facility and
no expansions or other actions will be requested nor approved." Removal of these conditions would
allow the lessee to: (1) moor
vessels on the east side of the landward dock; and (2) make subsequent
applications to the Board of Trustees for expansions of this facility or
other actions.
On January 8, 1985, the Board
of Trustees approved a five-year sovereignty submerged lands lease that
authorized the preemption of 12,561 square feet of sovereignty submerged
lands for the construction and operation of a commercial marina, Bull Bay
Pier. The lease was issued
subsequent to a settlement agreement entered into by the lessee, Beatrice
A. Gamble, an upland property owner adjacent to the lessee's property on
the east, Frances Ferber, an upland property owner adjacent to the
lessee's property on the west, and the Board of Trustees on December 13,
1984. This agreement settled
outstanding riparian rights, other issues and pending litigation between
all involved parties. The
agreement allowed the Board of Trustees to proceed with issuing the lessee
the above mentioned lease without objection by any of the involved
parties. The settlement
agreement was incorporated into the lessee's lease. On July 29, 1986, the Board
of Trustees approved a modified five-year sovereignty submerged lands
lease allowing for the expansion of the lessee's riparian area to
encompass 31,571 square feet, more or less, of sovereignty submerged
lands. The lease for this
modification was issued subsequent to a settlement agreement entered into
by the lessee, Beatrice Gamble, and Melvin Andreu, an adjacent property
owner to the east of Beatrice Gamble, on May 30, 1986. This agreement waived the lessee's
right to object to the adjacent facility owned by Beatrice Gamble, and
acknowledged that no expansions to the lessee's facility would be proposed
or requested. This
stipulation was subsequently incorporated as a special lease condition,
currently listed as Special Lease Condition 30.C., in the lessee's current
lease. Furthermore, the lessee is
requesting that Special Lease Condition 30.A. be removed from the current
lease. This condition
prevents the mooring of vessels along the east side of the landward leg,
an area extending approximately 190 feet from the lessee's shoreline. On October 30, 2002, the lessee
and Beatrice Gamble entered into an agreement under which Beatrice Gamble
would not object to the removal of Special Lease Conditions 30.A. and
30.C. from the lessee's current lease. The lessee is currently
allowing vessels to moor beyond the terminus of the lease area along the
waterward side of the terminal platform of the main pier and along the
section of the access pier nearest the shoreline over which the lease area
only covers the access pier itself.
The Department of Environmental Protection (DEP) has during prior
inspections of the facility and subsequent correspondence with the lessee
requested that the lessee discontinue allowing vessels to moor outside of
the lease area. The lessee
complied with DEP's requests for compliance at the time they were made;
however, subsequent to those instances has allowed vessels to return to
mooring in areas not under lease. Therefore DEP has initiated
an administrative enforcement action resolution to which is
pending. The City of Jacksonville
(City) was notified by DEP staff of the pending consideration by the Board
of Trustees of this item. The
City submitted a letter on May 1, 2003 objecting to any change in the
lessee's lease conditions. In
1984 the lessee, Beatrice Gamble, Frances Ferber, Board of
Trustees Agenda -
May 13, 2003 Additional
Page Twenty-nine A ****************************************************** Substitute Item 17,
cont. an adjacent property owner to
the west of the lessee, and the Board of Trustees entered into a
settlement agreement which resolved outstanding riparian rights concerns
and other pending
litigation. A
stipulation of this agreement was that Frances Ferber did not object to
the location and configuration of the docks built by the lessee and
Beatrice Gamble. In addition,
the agreement included a stipulation that the lessee and Beatrice Gamble
shall not object to an application for a sovereignty submerged lands lease
by Frances Ferber or her successor in title for a dock or marina facility
of substantially similar design and configuration. The City having purchased the
upland property previously owned by Frances Ferber is now successor in
title. The City has submitted
to staff an application to use sovereignty submerged lands for the purpose
of building a public boat ramp.
The City's objection to the removal of the special lease conditions
is based on the City's opinion that any enlargement of the lessee's lease
area would justify an increase in their capacity to serve private boating
interests at the expense of the boating public that would rely on the
public boat ramp adjacent to the facility owned by the
lessee. The lease area at its
terminus is 78-feet wide while the lessee owns approximately 55 linear
feet of shoreline. The lease
area encompasses approximately 0.72 acres, more or less, as compared to
the lessee's total upland ownership of 0.40 acres, more or less, of
property that is used to facilitate activities
occurring with the lessee's lease area. In consideration of the amount of
shoreline owned by the lessee, and the current authorized preemption of
sovereignty submerged lands, staff believes that the lessee exceeds a
reasonable riparian use of sovereignty submerged lands. The original application of these
special lease conditions to the lessee's lease is appropriate in
addressing the question of reasonable riparian use when the extent of that
usage far exceeds the adjoining upland and length of shoreline held by the
riparian owner. It is the
opinion of staff that the continued application of these special lease
conditions is appropriate to preclude the lessee from making subsequent
requests to the Board of Trustees for consideration of future expansions
of the facility. Staff
opinion however is formulated on the past direction provided by the Board
of Trustees, in its inclusion of the special lease conditions in the
lessee's lease, regarding the lessee's extent of riparian
usage. (See Attachment 17, Pages
1-10) RECOMMEND
DENIAL (AGENDA CONTINUED ON NEXT
PAGE) Board of
Trustees Agenda -
May 13, 2003 Page
Thirty ******************************************************* Item 18 U.S. Army
Corps of Engineers/Dixie County Public Easement DEFERRED FROM THE MARCH 25,
2003 AGENDA DEFERRED FROM THE JANUARY 28,
2003 AGENDA 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 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. Board of
Trustees Agenda -
May 13, 2003 Page
Thirty-one ********************************************************* Item 18,
cont. 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 sherds 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 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. 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. 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 Board of
Trustees Agenda -
May 13, 2003 Page
Thirty-two ******************************************************* Item 18,
cont. 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 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 and the
applicant and project supporters over the last year and a half. The 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" (section 18-20.004(3)(d), F.A.C.). The applicant has explored
the option to side cast the material next to the navigation channel. The USFWS has determined that this
option is not acceptable because of concerns with potential adverse
affects on the endangered gulf sturgeon. The applicant has also explored
the possibility of making the channel depth shallower to reduce the amount
of material to be disposed.
Reducing the channel depth to 5.5 feet would generate 55,000 cubic
yards to be disposed around Cat Island. This would result in spoiling on
8.6 acres of sovereignty Board of
Trustees Agenda -
May 13, 2003 Page
Thirty-three ********************************************************* Item 18,
cont. submerged lands with none of
the material being disposed on non-sovereignty submerged lands. The applicant's Dredged Material
Management Plan (DMMP) states that the anticipated maintenance dredging
schedule will be on 7-year cycles and would likely generate 42,000 cubic
yards of material per event.
The DMMP continues to use sovereignty submerged lands as the
preferred disposal option for spoil material generated from these future
events for the 20-year DMMP window.
Based upon the applicant's calculations for Cat Island, the 42,000
cubic yards of material would cover approximately six acres of sovereignty
submerged lands. No upland,
non-sovereignty submerged lands are proposed for use in the DMMP. The applicant and DEP have
verbally discussed the proposed reduction. The DEP verbally informed the
applicant that spoiling on 8.6 acres of sovereignty submerged lands is
still considered as more than minimal. In addition, the future spoiling
location contemplated by the DMMP is to continue using sovereignty
submerged lands for disposal. 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
emails 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. 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 18, Pages
1-25) RECOMMEND (1)
APPROVAL FOR THE NAVIGATION CHANNEL PUBLIC EASEMENT; (2) AUTHORIZATION TO
SEVER SOVERIGNTY MATERIAL; (3) AUTHORIZATION FOR BULKHEAD AND MINIMUM
SPOILING ALONG LITTLE BRADFORD ISLAND; AND (4) DENIAL OF THE 17.5-ACRE
SPOILING ALONG CAT ISLAND Board of
Trustees Agenda -
May 13, 2003 Page
Thirty-four ****************************************************** Item 19 Broward
County Public Easement/Consent of Use/Survey Waiver DEFERRED FROM APRIL 8, 2003
AGENDA DEFERRED FROM MARCH 25, 2003
AGENDA DEFERRED FROM JANUARY 28,
2003 AGENDA DEFFERED FROM NOVEMBER 26,
2002 AGENDA
REQUEST: Consideration of an application
for (1) a five-year sovereignty submerged lands public easement containing
108 acres, more or less, for a proposed borrow site; (2) a consent of use
for placement of 935,000 cubic yards of sand for beach nourishment; and
(3) a waiver of survey requirement. COUNTY:
Broward Application
No. 0163435-005-JC Easement
No. 40055; BOT No. 060225996 APPLICANT: Broward
County (Beach Nourishment - Segment II) 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 of Environmental
Protection (DEP) 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. In addition,
DEP recommends that construction of the Segment II project be delayed and
commencement be conditioned upon the results of one year of monthly
sedimentation and turbidity monitoring in select areas of high
scleractinian coral cover and larger sized colonies in Segment III. Based upon the monitoring of these
areas in Segment III, DEP would determine the likelihood for adverse
impacts to the similar areas in Segment II, and recommend possible
modifications and/or conditions to avoid or minimize impacts. All activities in the Segment II
project would normally be authorized 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 Board of
Trustees Agenda -
May 13, 2003 Page
Thirty-five ******************************************************* Item 19,
cont. 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. DEP's 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
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 its jurisdiction. A group called Save Our Shoreline
echoed these concerns. The
Town of Hillsboro Beach expressed similar concern about Borrow Area
II. The Town of Deerfield
Beach commissioned a wave study by an independent consultant that modeled
the physical impacts from excavating borrow areas I and II. DEP's and the 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 these parts of the shoreline,
and in case of any accelerated erosion, Broward County would repair the
damage. 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.
The recommendations of the
Florida Fish and Wildlife Conservation Commission (FFWCC), 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. Broward County is a
Designated Manatee County without an approved manatee protection
plan. FFWCC stated the County
is 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. 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 September 29,
1999, Broward County declared that this project is consistent with the
state-approved comprehensive plan. (See Attachment 19, Pages
1-43) RECOMMEND APPROVAL | |||||||||||
|
| |||||||||||||
