The Governor and Cabinet - Florida Department of State

AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

JUNE 26, 2003

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Item 1 Georgia-Pacific Easement

REQUEST: Consideration of an application for a 20-year sovereignty submerged lands private easement containing 220,977 square feet, more or less, for a proposed subaqueous effluent outfall structure.

COUNTY: Putnam

Private Easement No. 30680

BOT File No. 542535742

WRM Permit No. 54-17946-001-DF

APPLICANT: Georgia-Pacific Corporation

LOCATION: Section 37, Township 09 South, Range 26 East, in the St. Johns River, Class III Waters, within the local jurisdiction of Putnam County

Aquatic Preserve: No

Outstanding Florida Waters: No

Designated Manatee County: No

Manatee Aggregation Area: No

Manatee Protection Speed Zone: No

CONSIDERATION: $10,900.00, representing a one-time fee for the private easement value. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.

STAFF REMARKS: The applicant is requesting a private easement containing 220,977 square feet, more or less, for a proposed subaqueous effluent outfall pipe and diffuser to be used in conjunction with an upland paper mill facility.

Acquired by Georgia-Pacific Corporation in 1979, the pulp and paper mill has operated in Palatka for over 50 years and produces kraft paper and finished tissue products. Georgia-Pacific presently discharges treated plant effluent into Rice Creek, a tributary of the St. Johns River. The Board of Trustees granted two sovereignty submerged lands private easements to the applicant for discharge structures in Rice Creek. Easement No. 26515(3478-54), issued on July 24, 1984, authorizes the construction of the two industrial wastewater outfall structures and Easement No. 00010(3822-54), issued on October 25, 1988, authorizes a pipeline crossing of the creek. High purity oxygen is added to the plant effluent at the discharge point to maintain water quality in the receiving stream. An additional injection of oxygenated water is made downstream of the main discharge point to again support water quality in Rice Creek and replenish oxygen taken up by the natural stream. The project has been undertaken to negate any question about whether water quality standards are being met in Rice Creek. The Rice Creek Enhancement Project proposes to relocate the discharge to the St. Johns River and abandon the existing two points on Rice Creek.

On June 22, 1994, temporary operation permit No. IT54-220788 was issued for the discharge of the mill effluent to Rice Creek. The temporary operation permit included a compliance schedule that required Georgia-Pacific Corporation to apply for and construct a new discharge pipeline to the St. Johns River. On July 1, 1994, the Department of Environmental Protection (DEP) received an application for the construction of the new discharge pipeline to the St. Johns River. On July 10, 1995, DEP received the application for renewal of existing operation permit FL0002763, which was combined with DEP's temporary operation permit to become the national pollutant discharge elimination system (NPDES) permit. The application for the new discharge to the St. Johns River and for the renewal of the NPDES Permit FL0002763 were deemed complete on September 30, 1996. The associated wastewater permit constitutes DEP's approval for the operation of the pipeline system to the St. Johns River. A DEP five-year wetland resource management (WRM) permit for the pipeline construction was issued on October 30, 1997. The permit was converted to a ten-year WRM permit on April 12, 2001.

Board of Trustees

Agenda - June 26, 2003

Page Two

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Item 1, cont.

Prior to issuance of the final NPDES wastewater permit, alternatives to the St. Johns River discharge were examined. A comprehensive plan was developed to significantly reduce water consumption and improve water quality in Rice Creek. The plan was a cooperative effort between DEP, the Environmental Protection Agency, the St. Johns Water Management District, Georgia-Pacific, and other public and private stakeholders. The proposed modifications include manufacturing process improvements that will improve effluent water quality to the extent that the effluent discharge may remain in Rice Creek, as opposed to construction of a pipeline for a direct discharge to the St. Johns River. If the permittee can comply with applicable water quality standards in Rice Creek, the permit will be automatically re-opened to include proposed modifications and to incorporate appropriate effluent limitations for final discharge in Rice Creek. A formal notice of draft permit for the subject facility was mailed on February 1, 2001. The notice of draft permit was published on February 5, 2001. A formal public meeting was held on March 8, 2001. A petition for an administrative hearing was filed. The administrative hearing resulted in a Final Order (OGC #01-0866/DOAH #01-2442) requiring the permit be issued. The Order was dated August 6, 2002, and the final NPDES Permit No. FL0002763 was issued August 6, 2002 together with the Administrative Order No. 039-NE. There were no substantive changes to the draft permit published on February 5, 2001.

In accordance with Administrative Order 039-NE, Georgia-Pacific must install additional process improvements within seven years, followed by one year of optimization, followed by another year of monitoring. As presently scheduled, it will be 2010 before the determination will be made as to whether the construction of the pipeline will proceed. The current WRM permit will expire on October 30, 2007 and cannot be extended beyond that date. It will be necessary for Georgia-Pacific to apply for and receive an Environmental Resource Permit (ERP), if construction is to be completed, or to commence, after October 30, 2007.

The St. Johns River is approximately 7,500 feet wide at the point where the pipeline would be constructed and the new pipe would be approximately 4,420 feet long. The new pipeline would discharge treated wastewater through a diffuser near the middle of the river. The pipe would be constructed of high-density polyethylene. The initial 3,420-foot-long section of solid pipe is 48 inches in diameter. The 1,000-foot-long diffuser segment will be three different diameters, successively reducing from 48 inches to 42 inches to 30 inches. Each portion of the diffuser will have two-inch nozzles attached to the top of the pipe at three-foot intervals and extending one foot upward from the top of the pipe. These nozzles will extend above the river bottom a few inches and will be angled up and down stream to enhance mixing with the river's water.

Pipeline construction would be done using barge mounted equipment operating within an area contained by a turbidity barrier or silt curtain. Materials excavated from the river bottom would be temporarily stockpiled on adjacent barges. This material would be used for trench backfill after the pipe has been placed. There would be no material removed from the river.

A benthic survey was conducted on August 16, 1995 to determine the submerged lands characteristics at the project site. The results of the bottom sampling indicated that there was a narrow band of very young, sprouting seedlings of eelgrass, Vallisneria americana, located 125 feet to 150 feet from the shoreline. No submerged or emergent vegetation or other life forms were observed along the remainder of the proposed pipeline corridor. No recent survey has been conducted.

The pipe would be buried deep enough so as not to interfere with other activities in the river. However, the pipeline path would encroach into an area previously used for disposal of dredged materials by the Putnam County Port Authority. The spoil disposal area was authorized by Board of Trustees' Easement No. 25099(2314-54) issued on May 13, 1970. The applicant has obtained authorization from the easement holder to encroach within the easement.

Board of Trustees

Agenda - June 26, 2003

Substitute Page Three

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Item 1, cont.

On its way to the St. Johns River, the pipeline would cross Rice Creek within an existing Board of Trustees' private easement [No. 00010(3822-54)] granted to Georgia-Pacific on October 25, 1988 for the replacement of an existing effluent pipeline. The easement had a one-time payment of $333.00, has a term of 20 years and expires October 25, 2008. The proposed project is consistent with the terms and conditions of the existing easement and staff intends to issue a Letter of No Objection as proprietary authorization for the new pipeline crossing.

The applicant submitted an appraisal report to derive a reasonable estimate of the market value of the private easement on the St. Johns River. On March 14, 1996, the DEP's Bureau of Appraisal, accepted the appraiser's conclusion of a value of $0.046 per square foot for the easement and $0.00 for the enhanced value (B/A File No. 96-3949). The Bureau of Appraisal accepted the appraiser's conclusion that the presence of the easement would not enhance the value of the upland parent tract. At that time the easement consisted of 150,000 square feet (3,000 feet long by 50 feet wide), resulting in a total estimated value of $6,900.00. The proposed pipe was subsequently lengthened to 4,420 feet, creating an easement area of 220,977 square feet with a value of $10,164.94. The Bureau of Appraisal verified that value on November 5, 1997. A second appraisal was conducted on March 21, 2003 and was approved by the Bureau of Appraisal on June 9, 2003. The market value was estimated to be $10,900. DEP staff recommends that the easement value be appraised again no sooner than 180 days prior to commencement of construction. This has been included as a special easement condition.

The application for a sovereignty submerged lands private easement was noticed as required. Nine property owners were specifically noticed and no objections were received. The notice of application was also published in a newspaper of general circulation within the affected area (The Palatka Daily News). No comments have been received.

The Florida Fish and Wildlife Conservation Commission (FFWCC) has stated that the project is not anticipated to have a significant impact on the endangered manatee provided that the applicant complies with the standard manatee construction conditions. These conditions are addressed in DWM Permit.

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 the 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 Putnam County on March 14, 2001.

(See Attachment 1, Pages 1-14)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL EASEMENT CONDITION AND PAYMENT OF $10,900

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Substitute Item 2 Florida Teleport, Inc. Recommended Consolidated Intent

REQUEST: Consideration of an application for (1) a 25-year sovereignty submerged lands private easement containing a combined 176,160 square feet, more or less, for a fiber optic cable system on or under sovereignty submerged lands of the Atlantic Ocean out to the state's territorial limit; and (2) authorization for the severance of 46.2 cubic yards of sovereignty material.

Board of Trustees

Agenda - June 26, 2003

Substitute Page Four

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Substitute Item 2, cont.

COUNTY: Palm Beach

Easement No.: 30717

BOT No.: 500224846

Application No.: 50-0194028-001

APPLICANT: Florida Teleport, Inc.

LOCATION: Section 16, Township 46 South, Range 43 East (Sandoway Park), in the Atlantic Ocean, Class III Waters, within the local jurisdiction of the City of Delray Beach

Aquatic Preserve: No

Outstanding Florida Waters: No

Designated Manatee County: Yes, without a state approved manatee protection plan, and not making significant progress towards a manatee protection plan

Manatee Aggregation Area: No

Manatee Protection Speed Zone: No

CONSIDERATION: (1) A one-time easement fee of $5.06 per linear foot from the Erosion Control Line to the state's three-mile territorial limit, pursuant to proposed rule, for the cable and associated conduit; (2) a one-time easement fee of $5.06 per linear foot from the Erosion Control Line to the waterward end of the empty conduit, with the fee from that point to the State's territorial limit to be assessed upon installation of a cable; and (3) a fee for the severance of sovereignty material calculated at a rate of $2.25 per cubic yard pursuant to section 18-21.011(3)(a)2, F.A.C. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. The final easement fee shall be determined upon receipt of an acceptable "as built" survey and legal description of the easement area.

STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., this "Recommended Consolidated Intent" 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 requesting authorization to use sovereignty submerged lands to install an oceanic fiber optic telecommunication cable system (Delray-Freeport system) from the state's three-mile territorial limit landward to a manhole landing within the parking lot of Sandoway Park (Park) in the City of Delray Beach (City). The Park landing of the Delray-Freeport system is comprised of two conduits and one fiber optic cable, with the remaining conduit reserved for future cable installation. The two conduits will be installed by horizontal directional drilling (HDD) from the upland manholes, traverse beneath the beach at a depth of approximately 35 feet, and continue oceanward to the exit points in the ocean floor located approximately 1,600 feet offshore. The applicant is also proposing to sever 46.2 cubic yards of sovereignty material during the HDD operation for placement of the subaqueous conduits. All material from the HDD operation will be piped to an upland staging area. The activity also includes consideration of a 25-year sovereignty submerged lands private easement containing 176,160 square feet, more or less, for the proposed conduits and offshore fiber optic cable.

On July 11, 2000, the Board of Trustees approved a staff recommendation that until the feasibility of cable corridors can be fully evaluated, easements may only be authorized where

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Agenda - June 26, 2003

Substitute Page Five

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Substitute Item 2, cont.

an applicant can clearly demonstrate the need for the project. Need may be demonstrated by a contract for purchase of a cable, a contract for laying the cable, or other appropriate documentation. The applicant has provided a copy of a signed contract with CBA Telecommunications, Inc., a corporation organized and existing under the laws of the State of Florida, for the supply of a fiber optic cable system, to be known as the Delray-Freeport system.

To avoid and minimize impacts to the nearby reef communities, and to accommodate DEP's preference that these types of projects utilize existing, designated reef gaps, the applicant, has sited the fiber optic cable through the "Delray Gap" an area between reef systems which is largely devoid of reef communities. As a result, the Delray-Freeport system is not expected to have impacts to natural resources within the project area. Additionally, the cable route has been revised to avoid some isolated patch reef areas identified in the original project route. The route revision, along with the cable placement methodology (i.e., hand-located by divers utilizing a floatation/anchoring system for the cable lay from the HDD exit point to a point beyond the patch reefs) provides assurance that resources will not be impacted. In the unlikely event that resources are impacted, the applicant has agreed to mitigate the impacts at a 4 to1 ratio.

According to the Florida Fish and Wildlife Conservation Commission (FFWCC), Bureau of Protected Species Management, the proposed project will not significantly affect endangered marine turtles so long as the applicant adheres to the following conditions: (1) no operation, transportation or storage of equipment or materials is authorized on the dry sandy beach seaward of the dune crest or rigid coastal structure during the marine turtle nesting season (March 1 through November 30); and (2) from March 1 through November 30, all project lighting shall be limited to the immediate area of active construction only and shall be the minimal lighting necessary to comply with the U.S. Coast Guard and/or the Occupational Safety and Health Administration requirements. All lighting on the vessel(s) shall be minimized through reduction, shielding, lowering, and appropriate placement of lights to minimize illumination of the nesting beach and water. The recommendations of the FFWCC have been addressed in the environmental resource permit.

The project is not located in an aquatic preserve. Staff is of the opinion that with the payment of equitable compensation, the expectation of no resource impacts, and submittal of acceptable drawings, the proposed project is in the public interest pursuant to section 18-21.010(1)(e), F.A.C.

Property owners within a 500-foot radius of the proposed project were specifically noticed pursuant to section 253.115, F.S., and no comments or objections were received by January 13, 2003, the end of the comment period.

The City will grant a license to Florida Teleport, Inc., for the installation and operation of the beach manholes and the high efficiency conduit(s) from the beach manholes to the Erosion Control Line (ECL). Additionally, the City will grant to the applicant an exclusive license to utilize the City's infrastructure through which to run the cable system. Therefore, a request for a statement of consistency with the local government comprehensive plan was not made for this item.

(See Attachment 2, Pages 1-29)

RECOMMEND DEFERRAL

Board of Trustees

Agenda - June 26, 2003

3rd Substitute Page Six

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3rd Substitute Item 3 Telecommunications Rule Amendments Adoption/Chapter 18-21, F.A.C.

REQUEST: Consideration of a request to adopt rule amendments to Chapter 18-21, F.A.C., regarding installation of offshore telecommunication lines and conduits.

COUNTY: Statewide

APPLICANT: Department of Environmental Protection (DEP)

(Telecommunications Rulemaking)

STAFF REMARKS: On December 11, 2002, the Board of Trustees approved publication of the proposed rule as a "Notice of Proposed Rulemaking," which was published in the January 31, 2003, Florida Administrative Weekly. The proposed rule will establish telecommunication line special consideration areas in the coastal waters of Palm Beach and Broward Counties; exclusion areas in the coastal waters of Miami-Dade County and all of Monroe County; statewide application and easement fees; and delegation of decision-making authority to staff for installations in special consideration areas.

A public hearing on the proposed rule was held on February 13, 2003, in West Palm Beach. At the public hearing, staff proposed amendments to clarify the descriptions of gap locations, the limits of sovereignty submerged lands within the territorial sea, and the northern limit of the Miami-Dade County exclusion area. Daniel Bates, representing Palm Beach County, recommended replacing the Boynton Beach Gap with a gap offshore of South Lake Worth Inlet to address beach sand source concerns. In addition, the telecommunication industry requested clarification that location in the designated special consideration areas was not required as an approval condition. These recommended changes were published in the Florida Administrative Weekly and on the DEP's Internet noticing site in a Notice of Change on May 30, 2003, with a subsequent notice on June 13, 2003, to correct a scrivener's error. These changes are included in the proposed rule, copy attached, that is recommended for adoption by the Board of Trustees. Additional comments received as a result of the public hearing are provided in the summary of the public hearing.

The special consideration areas offshore of Palm Beach and Broward Counties are located at the northern extent of natural coral reef systems in North America. Dr. Ray McAllister (Professor Emeritus, Florida Atlantic University), under contract with DEP, mapped the location of twenty-one gaps in the third reef tract. The recommended gaps were selected based on DEP staff underwater site inspections and consideration of the following criteria: (1) equitable distribution of landing sites along the coast and avoidance of a monopoly on upland landing sites; (2) extent and quality of benthic resources within the gaps; (3) size of the gaps; (4) Intracoastal Waterway crossing sites; (5) possible horizontal directional drill staging areas; and (6) competing uses of sovereignty submerged lands such as beach restoration and nourishment borrow areas, artificial reefs, and military exclusion zones. DEP staff inspected the South Lake Worth Inlet Gap site recommended by Palm Beach County and confirmed that it was preferred over the previously proposed Boynton Beach Gap based on these same criteria.

The following is a summary of the rule amendments, with the proposed changes incorporated:

18-21.003, Definitions

* "Telecommunication line" is defined as any cable used for transmitting information, not just fiber optic cables.

18-21.004, Management Policies, Standards, and Criteria

* Requires a Federal Communications Commission cable landing license.

* Requires documentation, in the form of a contract or letter of commitment, demonstrating that an offshore telecommunication line will be installed and connected to an upland distribution network.

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Agenda - June 26, 2003

3rd Substitute Page Seven

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3rd Substitute Item 3, cont.

* Limits each landing site to no more than six telecommunication lines and conduits unless the applicant can demonstrate that the site will support a larger number of such lines and conduits with minimum impact.

* Allows two empty conduits, for future installations, per approved telecommunication line in special consideration areas and one empty conduit per approved line outside such areas. However, installations using subconduits within a conduit shall be allowed up to six subconduits and one additional conduit. In no case shall more than two conduits with subconduits be authorized until such time as the capacity of one conduit is fully utilized for telecommunication line installation.

* Prohibits installations on or under submerged lands within Biscayne Bay Aquatic Preserve, Biscayne Bay National Park, and Monroe County, to protect reefs in those waters.

* Requires lines to be directionally drilled under nearshore resources and to "punch out" in an area that avoids or minimizes impacts.

* Establishes five special consideration areas:

* Lake Worth Gap in northern Palm Beach County (1,672 yards wide)

* South Lake Worth Inlet Gap in middle Palm Beach County (100 yards wide)

* Delray Gap in southern Palm Beach County (508 yards wide)

* Sea Turtle Gap in southern Palm Beach County (154 yards wide)

* South Broward Gap in southern Broward County (1,225 yards wide)

18-21.0051, Delegation of Authority

* Delegates authority to staff to review and take final agency action on applications for telecommunication lines in the special consideration areas, provided the Board of Trustees receives notice and has an opportunity to request the application be placed on the Trustees agenda. Installations outside of special consideration areas remain subject to Board of Trustees' final action.

18-21.009, Applications for Public Easement

* Provides for submission of a sketch, in lieu of a survey, for installations in special consideration areas provided that an as-built survey and legal description are submitted upon completion of construction.

* Revises the public noticing provisions for all public easements to reflect current statutory requirements.

* Requires a $15,000 application fee for installation of any telecommunication line and associated conduit, including installation of telecommunication lines in previously authorized empty conduits, and provides that the fee shall be revised annually based on the Consumer Price Index.

* Clarifies that all easements are renewable, assignable, and transferable, subject to a $200 processing fee.

18-21.010, Applications for Private Easement

* Same amendments as for Public Easements.

* Provides that a calculation, not payment, of the easement fee is required as part of the application.

18-21.011, Payments and Fees

* Establishes a private easement fee for offshore telecommunication lines of $5.06 per linear foot for each line or conduit installed for a ten-foot wide easement, and shall be increased proportionally for easements of greater widths. The fee is based on a combination of an appraised value for submerged lands and the enhanced value for use of those lands, and is a one-time fee for the term of the easement granted.

* The easement fee will apply to renewals of private telecommunication line easements.

* The $5.06 per linear foot private easement fee will be revised annually based on the Consumer Price Index.

This meeting of the Board of Trustees serves as the final adoption hearing on the proposed rule. Upon the Board of Trustees' adoption of the proposed rule amendments as published January 31, 2003, and including the changes published May 30 and June 13, 2003, staff will

Board of Trustees

Agenda - June 26, 2003

2nd Substitute Page Eight

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2nd Substitute Item 3, cont.

file the rule with the Department of State and the rule will become effective twenty days from that filing.

(See Attachment 3, Pages 1-23)

RECOMMEND APPROVAL

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Substitute Item 4 Springs and Spring Runs Rule Amendments Adoption/Chapter 18-21, F.A.C.

REQUEST: Adoption of rule amendments to chapter 18-21, F.A.C., regarding establishment of management policies, standards, and criteria when reviewing requests for authorization of activities at state-owned springs and spring runs.

APPLICANT: Department of Environmental Protection (DEP)

COUNTY: Statewide

STAFF REMARKS: DEP is proposing amendments to chapter 18-21, F.A.C., Sovereignty Submerged Lands Management, adding "Standards and Criteria for Activities at Sovereignty Springs" for the protection of state-owned springs and spring runs. This meeting of the Board of Trustees serves as the final adoption hearing on the proposed rule, as attached. If adopted, staff will file the rule with the Department of State and the rule will become effective twenty days from that filing.

On September 10, 2002, the Board of Trustees authorized DEP to publish a notice of proposed rule development in the Florida Administrative Weekly. The proposed rule development was published on November 8, 2002, including notice that a public workshop would be held, if requested in writing. A request was received and a workshop was held on November 26, 2002 in Tallahassee. On March 28, 2003, a Notice of Proposed Rule (Vol 29, No 13, Pg 1333-1335) was published in the Florida Administrative Weekly. On May 2, 2003 a Notice of Public Hearing was published in the Florida Administrative Weekly for hearings to be held on May 13, 2003 in Tallahassee and May 14, 2003 in Silver Springs. The deadline for the public to submit comments from the hearings was May 21, 2003 at 5 PM. Staff met on May 22, 2003 to consider public comments and prepare changes. On June 6, 2003 a Notice of Change and a Notice of Board of Trustees Adoption Hearing was published in the Florida Administrative Weekly for the June 26, 2003 adoption hearing.

The proposed rule applies only to individuals or entities that request permission to conduct activities on state-owned springs and spring runs. For state-owned springs and spring runs that are adjacent to private-owned uplands, the application of this rule is limited to the spring and the first 2,000 feet of the spring run. For state-owned springs and spring runs that are adjacent to public-owned uplands, this rule applies to the spring and all of the spring run that is adjacent to public-owned uplands. The primary changes to the existing rule being proposed are:

* Creates new definitions for 'spring' and 'spring run.'

* Prohibits physical modifications of springs except to restore historic contours and flow conditions.

* Prohibits the installation of new facilities, or the modifications to existing facilities, that withdraw water from a spring or spring run.

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Agenda - June 26, 2003

Substitute Page Nine

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Substitute Item 4, cont.

* Standards and criteria are established to protect state-owned springs and spring runs, including:

o Prohibits the deposition of sand or fill materials within 100 feet of a spring or spring run to create or maintain an artificial beach.

o Prohibits the planting or maintenance of invasive plants in or within 300 feet of a spring or spring run.

o Prohibits the removal or trampling of upland vegetation on slopes draining into a spring or spring run if it causes erosion, sedimentation or turbidity problems.

o Prohibits the removal of aquatic vegetation except when authorized pursuant to rules and statutes.

o Requires the applicant to avoid or minimize damage to native submerged aquatic plants and other natural or cultural resources, and requires the applicant to 'encourage' other users of authorized facilities to also avoid or minimize damage to resources.

o Prohibits the installation or modification of wastewater treatment drainfields and sprayfields on slopes draining into or within 300 feet of a spring or spring run, except single-family residential sewage treatment and disposal systems.

o Prohibits the installation of culverts or ditches that discharge directly into a spring or spring run.

Florida's springs have long been recognized as a unique public trust resource from which riparian landowners may also benefit, provided such benefit is not detrimental to the public trust resources. Thus, these proposed rule changes attempt to balance competing public and private uses at state-owned springs and spring runs, and would allow the state to better protect Florida's outstanding natural and cultural springs resources. These proposed rule changes also implement many of the recommendations of the Florida Springs Task Force, a multi-agency group established by Secretary Struhs in 1999 to provide recommended strategies for the protection and restoration of Florida's springs.

(See Attachment 4, Pages 1-9)

RECOMMEND DEFERRAL

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Item 5 Sale of Murphy Act Lands/Bloodworth

REQUEST: Consideration of a request to sell 6.19 acres of state-owned land in Nassau County to Michael H. Bloodworth and Jenny Bloodworth, husband and wife.

COUNTY: Nassau

Deed No. 31099

APPLICANT: Michael H. Bloodworth and Jenny Bloodworth, husband and wife

LOCATION: Section 51, Township 03 North, Range 27 East

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Agenda - June 26, 2003

Page Ten

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Item 5, cont.

CONSIDERATION: $45,100 to be deposited into the Internal Improvement Trust Fund

APPRAISED BY BUYER'S

Lucas APPRAISED PURCHASE CLOSING

PARCEL ACRES (05/15/02) VALUE PRICE DATE

Bloodworth 6.19 $31,000 $31,000 $45,100 60 days after

BOT approval

STAFF REMARKS: The Board of Trustees originally acquired this parcel 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 253.82, F.S., land (1) to which title is vested in the Board of Trustees through provisions of the Murphy Act, (2) which is 10 acres or less in size, and (3) which has an appraised market value of $250,000 or less, is surplus, except for lands determined to be needed for state use.

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.

The Department of Environmental Protection's (DEP) Division of State Lands received three bids for this parcel and the Bloodworth's bid was the highest. The Bloodworths plan to build a personal family home on this lot.

In accordance with section 253.111, F.S., Nassau County and state agencies were notified of the sale and did not express any interest in the property. 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. DEP has determined that surplus land sales are not subject to the local government planning process.

(See Attachment 5, Pages 1-41)

RECOMMEND APPROVAL

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Item 6 Sale of Murphy Act Lands/Vanzant

REQUEST: Consideration of a request to sell 7.89 acres of state-owned land in Nassau County to Rolland H. Vanzant and Delores Vanzant, husband and wife.

COUNTY: Nassau

Deed No. 32000

APPLICANT: Rolland H. Vanzant and Delores Vanzant, husband and wife

LOCATION: Section 22, Township 03 North, Range 23 East

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Agenda - June 26, 2003

Substitute Page Eleven

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Item 6, cont.

CONSIDERATION: $10,200 to be deposited into the Internal Improvement Trust Fund

APPRAISED BY BUYER'S

Lucas APPRAISED PURCHASE CLOSING

PARCEL ACRES (05/15/02) VALUE PRICE DATE

Vanzant 7.89 $3,950 $3,950 $10,200 60 days after

BOT approval

The Department of Environmental Protection's (DEP) Division of State Lands, received two bids for this parcel, which consists of five non-contiguous platted blocks, each containing 22 lots. The Vanzant's bid was the highest. The Vanzants plan to use the parcel for farming.

(See Attachment 6, Pages 1-40)

RECOMMEND APPROVAL

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Substitute Item 7 Andress Access/Utility Easement/Cayo Costa State Park

DEFERRED FROM THE MAY 28, 2003 AGENDA

WITHDRAWN FROM THE OCTOBER 8, 2002 AGENDA

DEFERRED FROM THE AUGUST 27, 2002 AGENDA

REQUEST: Consideration of a request for a perpetual, non-exclusive access and utility easement to Noel E. Andress and Karen Savulis-Andress over 0.52-acre, more or less, of state-owned land in Lee County within the boundary of Cayo Costa State Park.

COUNTY: Lee

Easement Number 30901

APPLICANTS: Noel E. Andress and Karen Savulis-Andress

LOCATION: Section 18, Township 44 South, Range 21 East

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Agenda - June 26, 2003

Substitute Page Twelve

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Substitute Item 7, cont.

CONSIDERATION: Appraised easement value to be deposited in the Internal Improvement Trust Fund

STAFF REMARKS: In November 2001, the Department of Environmental Protection (DEP), Division of State Lands (DSL) received an application from Peter and Linda Foy for an easement for access and utilities to service a 1.1-acre, more or less, lot in unrecorded Island Grove Subdivision (Island Grove) on Cayo Costa Island. The Foys were represented by Mr. Noel Andress. The application was subsequently amended to reflect Mr. and Mrs. Andress as the applicants. The Andresses are also lot owners within the subdivision. The Foys and the Andresses own two of the last eight lots within the subdivision that remain in private ownership. The Board of Trustees has acquired the remaining lots, as well as all other lands surrounding the subdivision, leaving the private landowners landlocked.

On October 8, 2002, the easement application was withdrawn from the Board of Trustees' agenda to allow DSL staff to evaluate a potential land exchange with the Andresses. Because a land exchange could not be successfully negotiated, the Andresses have requested that the Board of Trustees again consider their easement application.

Section 704.01(2), F.S., provides that a statutory way of necessity exists when land outside municipal boundaries, used as a dwelling, or for agricultural, timbering or stock raising purposes, is shut off so that no practicable route of ingress or egress to the nearest public or private road exists. In such cases, the landlocked landowner may lawfully use, with or without an easement, lands lying between his property and the nearest public or private road for access and utility services. Although there has been no judicial determination that the applicant is entitled to a statutory way of necessity under the provisions of section 704.01(2), F.S., staff believes the applicant's proposal does not meet the criteria because there is a practical alternative route of ingress and egress.

The applicants are requesting a 60-foot-wide easement that would run approximately 365 feet from Island Grove east to the open waters of Primo Bay (Option 1). DEP, Division of Recreation and Parks (DRP) staff inspected the easement area and do not recommend approval of Option 1. Anticipated environmental impacts would include prop scarring, destruction of seagrasses, and turbidity as a result of dock construction and/or boat/barge operations in the vicinity of the shallow bay, direct and indirect loss of listed species and their habitat, including mangrove wetlands, by vehicle, boat, and foot traffic, and secondary impacts from fragmentation of otherwise undisturbed habitat and plant communities.

Peripheral impacts of the proposed easement and residential construction would include attendant noise, visual intrusion, and potential introduction of exotic or invasive plants and animals, wildfires, trash dumping, interference with prescription burning programs and potential disturbance of cultural resources on DRP managed lands. Proposed access in this area would also create the potential for access by unauthorized persons in an area where it is very difficult for park staff and park patrol officers to access or patrol on a routine basis. An uncontrolled entry point into the park would likewise compromise the safety of park visitors and other residents.

A second alternative route runs north from Island Grove to La Costa Isles Subdivision (Option 2). Although longer (1,420 feet versus 365 feet), Option 2 could utilize existing trails and La Costa Drive, thereby minimizing the need for additional clearing. DRP staff has determined that this route would potentially impact dune and swale areas, oak/cabbage palm hammocks, and pinelands on the interior of the island. These areas are habitat for the gopher tortoise, bald eagle and several species of rare or threatened plants, including Joewood, beach creeper, and epiphytic orchids and bromeliads. However, this route has been previously impacted by past trail development, clearing, residential construction and the introduction of invasive exotic

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Agenda - June 26, 2003

Substitute Page Thirteen

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Substitute Item 7, cont.

species, primarily Brazilian pepper and feral hogs. These land uses have fragmented habitats and directly destroyed vegetation that stabilize the dunes. Extension of a trail to the applicants' lot would directly impact additional habitat but could be located in the field to minimize removal of larger trees and avoid gopher tortoise burrows. Indirect impacts would include increased potential for wildfire, restricted prescriptive burning programs, and impaired exotic plant and animal control efforts. Additional intrusions of vehicles, incidental plant and animal introductions, and trash dumping would impair public land management and the safety of park visitors and resources.

Option 2 would be preferable since the area has been previously impacted from residential and trail development. Although some resource impacts are unavoidable, this route does not add the additional impacts of uncontrolled access, fragmentation of undisturbed habitats, and additional impacts to marine and wetland resources within the park and adjacent aquatic preserve. The applicants currently own lots in the subdivision to the north and have a dock easement in an existing canal accessed by a public right-of-way.

Although DRP staff recommends denial of Option 1, it is prepared to support Option 2 provided that the applicants: (1) take all steps necessary to minimize impacts to park resources; (2) keep the width of the proposed easement area to the minimum possible and not exceed 25 feet; (3) furnish evidence that they have a valid permit to place a structure on their lot; (4) provide an acceptable survey and demarcate the boundaries of the easement area on the ground; (5) provide a plan for and obtain approval of the park manager before building any type of road on the easement area; (6) agree to accept responsibility for all construction, maintenance, and repair associated with costs related to the easement area; (7) agree to provide warning signs to ensure safety of the park users whenever the applicants conduct any construction activity on or next to the easement area; (8) agree to pay reasonable costs incurred by DRP as a result of activities within the easement area or adjacent lands managed by DRP if such costs are determined by DRP to be a result of the applicant's use of the easement area; and (9) agree to coordinate with and obtain approval of the park manager before undertaking any construction, maintenance, or repair activity in the easement area. In addition, DSL staff recommends a special condition prohibiting the use of impermeable materials in construction of the easement.

The applicants have indicated they intend to build a single-family residence on their lot, which use is allowable under section 704.01(2), F.S. DRP has requested that the applicants furnish evidence that they have a valid permit to build a structure on their lot. However, the Lee County (County) Department of Community Development has provided a letter indicating that no building permits may be issued until access to the property has been determined. To ensure that the applicants' lot is developed as proposed, a special easement condition is recommended requiring commencement of construction of the residence within three years from the date of execution of the easement or the easement will terminate.

DEP has received objections from Ms. Carol Sellars and Barbara and Dan Trescott, landowners in La Costa Isles. Ms. Sellars opposes the easement because any new development will be visible from the beach, destroying the existing scenic vista. The Trescotts maintain that because Island Grove is still pristine and undisturbed, the state should make every effort to acquire the remaining lots. They have requested that the state either enforce its public trust responsibilities and deny the application or seek to condemn the remaining privately owned lots in the subdivision. Two other individuals, Mr. Paul Faust and Mr. William Stokes, also oppose the granting of the easement for many of the same reasons noted by the Trescotts. The County has submitted a resolution supporting the Trescott's position that the state either purchase or condemn the lots. The County has offered to sell to the Board of Trustees 120 acres it currently owns on the island. It will then use the proceeds to try and purchase lots remaining within the subdivision. It is also willing to make financial contributions up to $193,000 to assist in acquiring the remaining lots on the island. DSL staff recently updated its

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Agenda - June 26, 2003

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Substitute Item 7, cont.

appraisals of the remaining lots in Island Grove and La Costa Isles and has begun making a new round of offers. The County's offer to assist in purchasing inholdings will be considered in future negotiations.

The Board of Trustees has not completed an appraisal for the easement to date pending final action. If approved, an appraisal of the approved easement route will be required that is acceptable to DSL.

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

(See Attachment 7, Pages 1-38)

RECOMMEND DENIAL

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Item 8 Six Option Agreements/Conservation Easements/Green Swamp Area of Critical State Concern/Green Swamp Florida Forever Project

REQUEST: Consideration of six option agreements to acquire perpetual conservation easements over 1,590.16 acres within the Green Swamp Area of Critical State Concern and the Green Swamp Florida Forever project from six landowners.

COUNTY: Polk

LOCATION: Sections 02 and 12, Township 27 South, Range 26 East; Section 12, Township 26 South, Range 25 East; Sections 06, 08, 24 and 25, Township 26 South, Range 24 East; and Section 16, Township 26 South, Range 23 East

CONSIDERATION: $2,179,379

APPRAISED BY SELLER'S TRUSTEES'

Goodman APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (04/03/03) VALUE PRICE PRICE DATE

Beddingfield 160.73 $225,000 $ 225,000 ** $ 200,912* 60 days after

BOT Approval

Hollister 238.70 $365,000 $ 365,000 $600,000*** $ 321,051* 60 days after

BOT Approval

Manley 459.03 $712,000 $ 712,000 ** $ 650,000* 60 days after

BOT Approval

Smith, Rex 227.36 $335,000 $ 335,000 $214,000**** $ 306,936* 60 days after

BOT Approval

Smith, Ted 109.44 $170,000 $ 170,000 $ 53,100**** $ 150,480* 60 days after

BOT Approval

Tomkow 394.90 $610,000 $ 610,000 $280,561***** $ 550,000* 60 days after

BOT Approval

1,590.16 $2,417,000 $2,179,379

(90%)+

* $1,250 to $1,416 per acre; average $1,355 per acre

** Property has been family-owned since prior to 1976

*** 250 acres were purchased by the seller on 3/24/98

**** Property has been family-owned since prior to 1986

***** Property was purchased on 1/13/92

+ Percentage of approved value is from 88% to 91%

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Agenda - June 26, 2003

Page Fifteen

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Item 8, cont.

STAFF REMARKS: Effective July 1, 1999, the Legislature transferred all activities performed by the Green Swamp Land Authority to the Department of Environmental Protection (DEP) as provided in section 51, chapters 99-247, Laws of Florida. The Green Swamp Area of Critical State Concern contains 322,690 acres, of which 34,761.99 acres are protected by, or under agreement to be protected by, land protection agreements or conservation easements. After the Board of Trustees approves these agreements, 286,337.85 acres, or 89 percent of the area, will remain to be acquired. These acquisitions are also within the Green Swamp Florida Forever project boundary, which contains 279,224 acres, of which 82,498.74 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 195,135.1 acres, or 70 percent of the Green Swamp Florida Forever project, will remain to be acquired.

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

* New construction or placing of temporary or permanent structures or buildings on the property will be prohibited except with prior notice and approval;

* Mining and excavation by Grantor will be prohibited;

* Commercial timber harvesting will be prohibited in areas not depicted in baseline documentation as agricultural areas; however, cutting and removing of timber damaged by natural disaster, fire, etc. is permitted;

* Acts or uses detrimental to the retention of land or water areas, or to the use of the property as a water recharge area will be prohibited;

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

The proposed conservation easements will allow the owners to retain certain rights. The summary of owner's rights include, but are not limited to the following:

* The right to engage in all non-commercial, passive, resource-based recreation not inconsistent with the purpose of the easement;

* The right to construct barns and fences for agricultural use;

* The right to maintain the owner's current agricultural business in improved areas;

* The right to retain and maintain present areas of improved pasture;

* The right to convey portions of the property;

* The right to convert improved agricultural areas freely; and

* The right to engage in commercial timber harvesting in designated agricultural areas, following sustainable forestry practices.

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

Title insurance policies, surveys, environmental site assessments, and baseline documentation reports will be provided by the purchaser prior to closing.

The mosaic of cypress swamps, pine forests, and pastures known as the Green Swamp is a vital part of the water supply of Central Florida. This region gives rise to four major river systems (the Withlacoochee, Oklawaha, Hillsborough and Peace) and, because it has the highest groundwater elevation in the peninsula, is important for maintaining the flow of water from the Floridan Aquifer. Preservation by acquiring certain rights to the properties located within the area will protect the Floridan Aquifer and the headwaters of several rivers, and preserve a large area for wildlife.

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Agenda - June 26, 2003

Page Sixteen

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Item 8, cont.

DEP's Office of Environmental Services will be the interim monitor for the conservation easements until a permanent monitor is established.

These acquisitions are consistent with section 187.201(9), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 8, Pages 1-193)

RECOMMEND APPROVAL