AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND
SEPTEMBER 10, 1996
Item 1
Minutes
Submittal of the minutes of the June 13,
1996, June 25, 1996 and July 9, 1996 Cabinet meetings.
RECOMMEND ACCEPTANCE
Item 2
Michael F. McMaster Aquaculture Lease
REQUEST: Issuance of a ten-year sovereignty submerged
land live rock aquaculture lease containing 2.0 acres, more or
less.
COUNTY: Monroe
Application No. 44-AQ-305
APPLICANT: Michael F. McMaster
LOCATION: Northeast (shoreward) of Davis Reef, in the
Atlantic Ocean, Class III Outstanding Florida Waters, within the
local jurisdiction of Monroe County, at the following (latitude/longitude)
coordinates:
NW - 24056'32.360N
NE - 24056'33.784N
80030'21.848W
80030'16.525W
SW - 24056'31.074N
SE - 24056'32.360N
80030'20.631W
80030'17.777W
CONSIDERATION: $41.16 annually, representing (1) an initial
lease fee of $31.16, at a rate of $15.58 per acre or fraction
thereof; and (2) an annual surcharge of $10, representing $5 per
acre or fraction thereof, for deposit in the Marine Biological
Trust Fund pursuant to section 370.16(4)(b), F.S. The lease fees
shall be adjusted every five years, based upon the five-year average
change in the Consumer Price Index.
STAFF REMARKS: The applicant is requesting approval of
a commercial aquaculture lease to cultivate and harvest artificial
live rock within a two-acre parcel of sovereignty submerged land
in the Atlantic Ocean. The proposed project involves the placement
of approximately 100,000 pounds of calcareous rock (non-indigenous)
per year, in order to recruit larval marine organisms from a corridor
of hard bottom habitat adjacent to the proposed lease site. Once
a desired rock growth stage has been achieved, the applicant will
harvest the rocks and sell them in conjunction with the aquarium
trade.
The federal government has implemented a phase-out of all live
rock harvested in federal waters. By the end of 1996, no wild
live rock can be harvested in federal waters. As such, persons
such as the applicant, whose livelihood is dependent on the harvest
of live rock, will be put out of business, unless such harvest
takes place on approved live rock aquaculture leases in state
waters, and permitted sites in federal waters.
The proposed project is located within Monroe County, designated
as Outstanding Florida Waters; as such, no dredge/fill permit
should be issued if such activity damages the viability of a living
stony coral community, soft coral community, sponge bed, or marine
seagrass community. The proposed project site, one of three initially
proposed parcels, does not contain seagrass beds or other significant
resources, and staff determined that live rock cultivation activities
would not
adversely affect natural resources on or adjacent to this site.
Subsequently, staff from the Submerged Lands and Environmental
Resources Permitting Program indicated that the proposed project
qualifies for a deminimus exemption, based on the determination
that no adverse environmental impacts are anticipated from the
proposed activities, and providing that special lease conditions
are implemented.
Two of the three parcels that were initially identified in the
lease application were removed from consideration. One of these
sites is located near Conch Reef and the other site is located
offshore of Plantation Key. The site near Conch Key was removed
from consideration because (1) the site is located along the margin
of extensive seagrass habitat; and (2) the proposed live rock
aquacultural activities on the site would not be consistent with
the Florida Keys National Marine Sanctuary's Management Plan.
The management plan restricts the use of the area to research
purposes only. The site located offshore of Plantation Key is
less than 100 feet offshore, and as such constitutes potential
riparian conflicts. The applicant is not the riparian upland owner
and could not obtain the necessary consent from the affected upland
property owner, pursuant to section 18-21.004(2)(l)8a, F.A.C.
The application was reviewed by the Department of State's Division
of Historical Resources (DHR) because the proposed project site
is located approximately 2,000 yards from a historic shipwreck.
Dr. Ronald Molinari was issued a Federal Admiralty Arrest and
a historic shipwreck salvage contract for an area with a 3,000-yard
radius around the shipwreck. However, on May 8, 1996, Dr. Molinari
informed the DHR that he does not believe the proposed aquaculture
activity would conflict with his Admiralty rights or salvage activities.
As such, DHR indicated no objection to the proposed project.
Additionally, on August 18, 1995, the Division of State Lands
issued a five-year Use Agreement to Dr. Molinari for salvage operations.
This Use Agreement provides for issuance of authorization for
compatible activities proposed by a third party. The staff believes
that the two activities are compatible.
The proposed project site is an average of 20 feet in depth.
The applicant's business plan stipulates the preemption of no
more than four feet of the water column.
Chapter 258.42, F. S., states that aquaculture is presumed to
be in the public interest and is limited to activities that do
not result in adverse environmental impacts. The Department of
Environmental Protection (DEP) has not applied a more stringent
standard to aquaculture leases in other waters of the state than
it has in aquatic preserves. The presumption that aquaculture
is in the public interest has been extended to Outstanding Florida
Waters.
A consideration of the status of any local government comprehensive
plans was not made for this item. The DEP has determined that
the proposed action is not subject to the local government planning
process.
(See Attachment 2, Pages 1-13)
RECOMMEND: APPROVAL SUBJECT TO FINAL ACTION BY THE
U. S. ARMY CORPS OF ENGINEERS AND COMPLIANCE WITH THE SPECIAL
LEASE CONDITIONS
Item 3
Sea Life, Inc. Aquaculture Lease
REQUEST: Issuance
of a ten-year sovereignty submerged land live rock aquaculture
lease
containing 1.7 acres, more or less.
COUNTY:
Monroe
Application No. 44-AQ-326
APPLICANT: Sea
Life, Inc., Kenneth N. Nedimyer, President
LOCATION:
East-southeast of Indian Key bridge and due east of the Channel
Five Bridge to Long Key, in the Atlantic Ocean, Class III Outstanding
Florida Waters, within the local jurisdiction of Monroe County,
at the following (latitude/longitude) coordinates:
NW - 24049.53.330N
24049'54.944N
80039'36.780W 80039'35.876W
SW - 24049'50.630N
24049'52.288N
80039'33.804N
80039'32.373W
CONSIDERATION: $41.16
annually, representing (1) an initial lease fee of $31.16, at
a rate of $15.58 per acre or fraction thereof; and (2) an annual
surcharge of $10, representing $5 per acre or fraction thereof,
for deposit in the Marine Biological Trust Fund pursuant to section
370.16(4)(b), F.S. The lease fees shall be adjusted every five
years, based upon the five-year average change in the Consumer
Price Index.
STAFF REMARKS:
The applicant is requesting approval of a commercial aquaculture
lease to cultivate and harvest artificial live rock within a 1.7-acre
parcel of sovereignty submerged land in the Atlantic Ocean. The
proposed project involves the placement of approximately 150 tons
of fossilized Miami oolite (non-indigenous) rock per year, in
order to recruit larval marine organisms from a corridor of hard
bottom habitat adjacent to the proposed lease site. Once a desired
rock growth stage has been achieved, the applicant will harvest
the rocks and sell them in conjunction with the aquarium trade.
The federal government has implemented a
phase-out of all live rock harvested in federal waters. By the
end of 1996, no wild live rock can be harvested in federal waters.
As such, persons such as the applicant, whose livelihoods are
dependent on the harvest of live rock, will be put out of business,
unless such harvest takes place on approved live rock aquaculture
leases in state waters, and permitted sites in federal waters.
The proposed project is located within Monroe
County, designated as Outstanding Florida Waters; as such, no
dredge/fill permit should be issued if such activity damages the
viability of a living stony coral community, soft coral community,
sponge bed, or marine seagrass community. The field staff determined
that no adverse impacts to those resources would occur because
the site is void of seagrass beds and such other significant resources.
This position was reaffirmed when the staff of the Submerged
Lands and Environmental Resources Permitting Program indicated
that the proposed project qualifies for a deminimus exemption,
indicating that no adverse environmental impacts are anticipated
from the proposed activities, and providing that special lease
conditions are implemented.
The proposed project site varies between
25 to 30 feet in depth. The applicant's business plan stipulates
the preemption of no more than three feet of the water column.
Chapter 258.42, F. S., states that aquaculture
is presumed to be in the public interest and is limited to activities
that do not result in adverse environmental impacts. The Department
of Environmental Protection (DEP) has not applied a more stringent
standard to aquaculture
leases in other waters of the state than
it has in aquatic preserves. The presumption that aquaculture
is in the public interest has been extended to Outstanding Florida
Waters.
A consideration of the status of any local
government comprehensive plans was not made for this item. The
DEP has determined that the proposed action is not subject to
the local government planning process.
(See Attachment 3, Pages 1-13)
RECOMMEND: APPROVAL SUBJECT
TO FINAL ACTION BY THE U. S. ARMY CORPS OF ENGINEERS AND COMPLIANCE
WITH THE SPECIAL LEASE CONDITIONS
Item 4
Thomas A. Frakes Aquaculture Lease
REQUEST:
Issuance of a ten-year sovereignty submerged land live rock aquaculture
lease containing 5.0 acres, more or less.
COUNTY:
Pinellas
Application No. 52-AQ-216
APPLICANT:
Thomas A. Frakes
LOCATION:
Approximately two miles west of Anclote Island, offshore of Tarpon
Springs, in the Gulf of Mexico, in the Pinellas County Aquatic
Preserve, Class III Waters, in Pinellas County, within the local
jurisdiction of Pinellas County, at the following (latitude/longitude)
coordinates:
NW - 28007.201' NE - 28007.207'
82052.695'
82052.591'
SW - 28007.12' SE - 28007.121'
82052.695' 82052.586'
CONSIDERATION:
$77.90 annually, representing (1) an initial lease fee of $31.16,
at a rate of $15.58 per acre or fraction thereof; and (2) an annual
surcharge of $25, representing $5 per acre or fraction thereof,
for deposit in the Marine Biological Trust Fund pursuant to section
370.16(4)(b), F.S. The lease fees shall be adjusted every five
years, based upon the five-year average change in the Consumer
Price Index.
STAFF REMARKS:
The applicant is requesting approval of a commercial aquaculture
lease to cultivate and harvest artificial live rock within a five-acre
parcel of sovereignty submerged land in the Gulf of Mexico. The
proposed project involves the placement of a maximum of 2000 cubic
yards of non-indigenous rubble rock or concrete-based material
in order to recruit larval marine organisms from a corridor of
hard bottom habitat adjacent to the proposed lease site. Once
a desired rock growth stage has been achieved, the applicant will
harvest the rocks and sell them in conjunction with the aquarium
trade.
The federal government has implemented a
phase-out of all live rock harvested in federal waters. By the
end of 1996, no wild live rock can be harvested in federal waters.
As such,
persons such as the applicant, whose livelihood
is dependent on the harvest of live rock, will be put out of business,
unless such harvest takes place on approved live rock aquaculture
leases in state waters, and permitted sites in federal waters.
The proposed project is located in the Pinellas
County Aquatic Preserve. As such, the proposed project should
only be approved if determined by the Board of Trustees to be
in the public interest. Pursuant to section 258.42, F.S., aquaculture
is presumed to be in the public interest and is limited to culture
activities that will not destroy grassbeds, coral or benthic organisms,
natural flow of waters, or other natural values which designation
of the area as an aquatic preserve was intended to protect.
The proposed project site is less than 25
feet in depth. The applicant's business plan stipulates the preemption
of no more than two feet of the water column.
The applicant has an existing aquaculture
lease located approximately 100 yards away from this proposed
project. The existing project is only one acre in size, and the
applicant has stated that it is not sufficient to satisfy current
business objectives. Since the staff believes that the applicant
is capable of effectively cultivating both sites, no concerns
are anticipated about the applicant having two sovereignty submerged
lands leases.
A consideration of the status of any local
government comprehensive plans was not made for this item. The
Department of Environmental Protection has determined that the
proposed action is not subject to the local government planning
process.
(See Attachment 4, Pages 1-12)
RECOMMEND: APPROVAL SUBJECT TO
THE SPECIAL LEASE CONDITIONS
Item 5
CSX Transportation, Inc. P2000 Purchase Agreement
REQUEST: Consideration of (1) a purchase agreement to
acquire 1.80 acres of property adjacent to an abandoned railroad
corridor from CSX Transportation, Inc. (CSX), under the Preservation
2000 Greenways and Trails program; and (2) release of $69,900
from the Preservation 2000 Bond Trust Fund for this acquisition.
COUNTY: Suwannee
LOCATION: Section 17, Township 06 South, Range 14 East
APPLICANT: Office of Greenways and Trails (OGT)
CONSIDERATION: $69,900
Acres Appraised by Approved Purchase
Closing
by Tompkins Value Price
Date
_____ 01/09/96 ___________ ___________
________
| 1.80 | $67,900
| $67,900 | $67,900
| 11/30/96 |
STAFF REMARKS: The former Florida Rails-To-Trails program
was created by a resolution of the Governor and Cabinet on March
4, 1986, and enacted into law by the Florida Legislature in
1987. In 1996, the Florida Legislature expanded the program's
purpose and re-named it the Florida Greenways and Trails program.
The purpose of the Florida Greenways and Trails program is to
facilitate the establishment of a statewide system of greenways
and trails by acquiring linear corridors, open space connectors
and trails.
This acquisition is the eighth negotiated acquisition under the
Florida Greenways and Trails (formerly Rails-To-Trails) program
and the sixth acquired by this office under the Florida Preservation
2000 program. The acquisition consists of an elongated riverfront
tract of land along the Suwannee River in Branford.
Section 260.015(2)(b), F.S., allows for conveyance of title by
quitclaim deed for lands acquired for recreational trails. The
purchase agreement provides for CSX to deliver a quitclaim deed
to the purchaser at closing. In the past, CSX has warranted title
to portions of the lands they have conveyed to the Board of Trustees
of The Internal Improvement Fund of The State of Florida (Board
of Trustees). CSX is requesting the Board of Trustees to accept
a quitclaim deed to all interests conveyed which is now its standard
practice.
The purchase agreement provides for the survey and title insurance
policy to be provided by the purchaser. An environmental site
assessment performed by OGT does not indicate any significant
environmental concerns.
The purchase agreement provides for an upward adjustment in the
purchase price, not to exceed $69,900, in the event the final
approved value of the property increases as a result of the final
survey.
This acquisition is consistent with section 260.015, F.S., and
the property will be managed by Suwannee County as a trailhead
for the Suwannee River Greenway at Branford.
(See Attachment 5, Pages 1-15)
RECOMMEND APPROVAL
Item 6
University of Florida/Florida Conference Center Associates, Inc.
Sublease
REQUEST: Consideration
of a request to approve a sublease agreement between the Board
of Regents, acting for and on behalf of the University of Florida,
and Florida Conference Center Associates, Inc.
COUNTY: Alachua
Lease No. 2734
APPLICANT:
Board of Regents (BOR) and University of Florida (UF)
CONSIDERATION: $40,000
per year
STAFF REMARKS: The
BOR is proposing to sublease 11.80 acres of land to Florida Conference
Center Associates, Inc., for the purpose of constructing and operating
a conference center and hotel. The term of the sublease will
be for a period of 50 years and upon expiration or termination
of the sublease, the facilities will become the property of UF.
In consideration for the sublease, Florida Conference Center
Associates, Inc., will pay the sum of $40,000 per year.
The subject property was leased to the Board
of Regents for the purposes of developing, improving, operating,
maintaining and otherwise managing said land for public purposes.
The proposed use is consistent with the public purposes restriction.
Pursuant to a comprehensive study conducted by UF, the proposed
facility will enhance the ability of the university to provide
timely and effective programs in continuing education in a wide
range of academic disciplines which are currently hampered by
a lack of adequate on-campus space.
The sublease was approved by the BOR on
July 12, 1996.
A consideration of the status of any local
government comprehensive plans was not made for this item. Pursuant
to section 240.155, F.S., concurrency with local planning occurs
during the campus master plan development process. The proposed
activity is consistent with the adopted campus master plan and
associated campus development agreement.
(See Attachment 6, Pages 1-49 )
RECOMMEND APPROVAL
Item 7
Florida Gulf Coast University/Alico, Inc. Exchange Agreement/Release
of Mineral and Petroleum Reservations
REQUEST:
Consideration of (1) an exchange agreement under which the Florida
Board of Regents, Florida Gulf Coast University and the Board
of Trustees would convey two parcels of land totaling 2.93 acres
to Alico, Inc. for two parcels totaling 2.93 acres; and (2) release
of mineral and petroleum reservations pursuant to section 270.11,
F.S.
COUNTY:
Lee
APPLICANT:
Florida Gulf Coast University
LOCATION:
Section 23, Township 46 South, Range 25 East
CONSIDERATION:
VALUE-FOR-VALUE
APPRAISED BY
REVIEW PARCEL #/ DEVOS APPROVED
EXCHANGE CLOSING
NO.
SELLER ACRES (01/05/96) VALUE
VALUE DATE
| C & D/
| | | |
| |
| BOT
| 2.93
| $58,600
| $58,600
| $58,600
| |
| A & B/
| | | |
| |
| ALICO
| 2.93
| $58,600
| $58,600
| $58,600
| |
| 614065
| | | |
| | 200 days after
|
| | |
| | | BOT approval
|
STAFF REMARKS:
This exchange was negotiated by Florida Gulf Coast University
(FGCU).
In 1994, Alico, Inc. (Alico) donated
all of the land that currently comprises the campus of FGCU ("the
tenth university") to the Board of Trustees (BOT). Inadvertently,
Alico included two parcels of land totaling 2.93 acres in the
donation. To correct the error, Alico has offered to exchange
two other parcels in the immediate vicinity for the property inadvertently
conveyed.
The Board of Regents approved this
land exchange at its meeting on July 12, 1996.
All mortgages and liens on the parcels
to be received by the BOT will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
for the parcels to be received by the BOT prior to closing, reveals
any other encumbrances which may affect the value of or the proposed
management of the parcels to be received by the BOT, staff will
so advise the BOT prior to closing. FGCU will obtain the title
insurance commitment and policy for the parcels to be received
by the BOT.
A certified survey and environmental
site assessment of the parcels to be received by the BOT will
be provided by FGCU prior to closing.
This parcel will be managed by Florida
Gulf Coast University as a part of the existing FGCU campus through
a lease to the Florida Board of Regents.
This acquisition is consistent with
section 187.201(01), F.S., the Education section of the State
Comprehensive Plan.
(See Attachment 7, Pages 1-26)
RECOMMEND APPROVAL
Item 8
Vero Ventures Option Agreement/Archie Carr Sea Turtle Refuge CARL
Project
REQUEST:
Consideration of an option agreement to acquire approximately
1.73 acres within the Archie Carr Sea Turtle Refuge CARL project
from Vero Ventures.
COUNTY:
Indian River
LOCATION:
Section 10, Township 31 South, Range 39 East
CONSIDERATION:
$528,000
APPRAISED BY
REVIEW Sutte Benson
APPROVED PURCHASE OPTION
NO.
SELLER ACRES (11/15/94) (09/23/94)
VALUE PRICE DATE
| 614001
| Vero Ventures
| 1.73
| $ 528,000
| $ 470,000
| $ 528,000
| $ 528,000
| 01/10/97
|
STAFF REMARKS:
The Archie Carr Sea Turtle Refuge CARL project is ranked number
2 on the CARL Priority Project List approved by the Board of Trustees
on February 13, 1996, and is eligible for negotiation under the
Division of State Lands' Land Acquisition Workplan. The Archie
Carr Sea Turtle Refuge project contains 948 acres, of which 426.68
acres have been acquired or are under agreement to be acquired.
After the Board of Trustees approves this agreement, 519.59 acres
or 54.8 percent of the project remains to be negotiated.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitment for
title insurance, to be obtained prior to closing, reveals any
other encumbrances which may affect the value of the property
or the proposed management of the property, staff will so advise
the Board of Trustees prior to closing.
A certified survey and environmental
site assessment will be provided by the purchaser prior to closing.
Although sea turtle nesting occurs
from the southern tip of Texas to the southern coast of Virginia,
a 20-mile stretch of beach in Brevard and Indian River Counties,
Florida, is one of the most significant nesting areas for Loggerhead
Sea Turtles in the world; the most significant nesting area for
Green Sea Turtles in the western hemisphere; and an occasional
nesting area for the Leatherback Sea Turtle, one of the largest
and rarest sea turtles. Stretches of quiet, undisturbed sandy
beaches, with little or no artificial light, are essential to
the reproductive success and survival of sea turtles. For thousands
of years, sea turtles have returned each year
to these beaches to lay their eggs
and continue the species. The Archie Carr Sea Turtle Refuge project
is designed to help protect the habitat and assure the continued
survival of these endangered sea turtles.
The property will be managed by Indian
River County, with support from other agencies. All management
activities will be directed toward the preservation of the sea
turtle nesting beaches.
This acquisition is consistent with
section 187.201 (10), F.S., the Natural Systems and Recreational
Lands section of the State Comprehensive Plan.
(See Attachment 8, Pages 1-28)
RECOMMEND
APPROVAL
Item 9
Hewitt Option Agreement/Wekiva-Ocala Greenway CARL Project
REQUEST:
Consideration of an option agreement to acquire approximately
five acres within the Wekiva-Ocala Greenway CARL project from
Harry R. Hewitt and Margaret E. Hewitt.
COUNTY:
Lake
LOCATION:
Section 19, Township 18 South, Range 29 East
CONSIDERATION:
$29,000
APPRAISED BY
REVIEW Goodman APPROVED
PURCHASE OPTION
NO.
PARCEL ACRES (08/22/94) VALUE
PRICE DATE
| 614002
| Hewitt
| 5.0
| $ 30,000
| $ 30,000
| $ 29,000
| 12/31/96
|
STAFF REMARKS:
The Wekiva-Ocala Greenway CARL project is ranked number 7 on
the CARL Priority Project List approved by the Board of Trustees
on February 13, 1996, and is eligible for negotiation under the
Division of State Lands' Land Acquisition Workplan. The project
contains 68,578 acres, of which 26,233 acres have been acquired
or are under agreement to be acquired. After the Board of Trustees
approves this agreement, 42,340 acres or 62 percent of the project
remains to be negotiated.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitment for title
insurance, to be provided prior to closing, reveals any encumbrances
which may affect the value of the property or the proposed management
of the property, staff will so advise the Board of Trustees prior
to closing.
A certified survey and environmental
site assessment will be provided by the purchaser prior to closing.
The springs, rivers, lakes, swamps,
and uplands stretching north from Orlando to the Ocala National
Forest are an important refuge for the Florida black bear, as
well as other wildlife such as the bald eagle, swallow-tailed
kite, Florida scrub jay and wading birds. The Wekiva-Ocala Greenway
will protect these animals and the Wekiva and the St. Johns River
basins by protecting natural corridors connecting Wekiva Springs
State Park, Rock Springs Run State Reserve, the Lower Wekiva River
State Preserve and Hontoon Island State Park with the Ocala National
Forest. It will also provide the people of the booming Orlando
area with a large, nearby natural area in which to enjoy camping,
fishing, swimming, hiking, canoeing and other recreational pursuits.
This property will be managed by the
Florida Department of Agriculture and Consumer Services, Division
of Forestry as part of the Seminole State Forest. This property
will be managed for natural resource conservation and outdoor
recreation activities under a multiple-use management regime.
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 1-18)
RECOMMEND
APPROVAL
Item 10
Iris Hart Young Purchase Agreement/Highlands Hammock Addition
CARL Project
REQUEST: Consideration
of a purchase agreement to acquire 2,874.4 acres within the Highlands
Hammock Addition CARL project from Iris Hart Young.
COUNTY:
Highlands
LOCATION:
Sections 07, 08, 17, 18, 19 and 20, Township 35 South, Range 28
East
CONSIDERATION:
$ 3,480,000
APPRAISED BY
REVIEW Holden
Hunnicutt APPROVED PURCHASE CLOSING
NO.
PARCEL ACRES (07/07/92) (07/08/92)
VALUE PRICE DATE
| 614063 |
Young | 2,874.4
| $3,595,000
| $3,161,840
| $3,595,000
| $3,480,000
| 545 days after
|
BOT
approval
STAFF REMARKS:
The Highlands Hammock Addition CARL project is ranked number
27 on the CARL Priority Project List approved by the Board of
Trustees on February 13, 1996. This project has been under negotiation
since 1990 when it was ranked number 13 on the CARL List. Funds
have been reserved from prior years in the Division of State Land's
Land Acquisition Workplan for this parcel. This project contains
6,151 acres, of which 1,094 acres have been acquired or are under
agreement to be acquired. After the Board of Trustees approve
this agreement, 2,183 acres or 35 percent of the project will
remain to be acquired. The Division of Recreation and Parks
has included the remainder of this CARL project on its Additions
and Inholdings acquisition priority list for future acquisition
funding.
The contract provides the seller the right
to retain, at closing, approximately 150 acres located in sections
08 and 17, with a comparable reduction in the purchase price should
the seller elect to exercise this right. There is a cattle dipping
vat located in section 19 of the property. The extent of contamination,
if any, is unknown at this time. The seller has indicated that
he will only sell the entire parcel and will not agree to retain
the vat. The managing agency will take those measures necessary
to insure the health and safety of the public that may use the
property. During the 1996 legislative session, a law was passed
(Chapter 96-351, Laws of Florida) releasing private landowners
from liability for cattle dipping vats. Public landowners were
not released from liability for cleanup, and no state program
currently exists to pay for such cleanup costs. Consequently,
accepting title to property with an identified cattle dipping
vat does pose some level of risk to the Board of Trustees as landowner
in the event it must be cleaned up. While it cannot make a binding
commitment, the managing agency has agreed to use its best efforts
to seek funding should cleanup ever be required. All
mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals any other encumbrances which may affect
the value of the property or the proposed management of the property,
staff will so advise the Board of Trustees prior to closing.
A certified survey and environmental site
assessment will be provided by the purchaser prior to closing.
Highlands Hammock State Park preserves an
island of the original landscape on the western slope of the Lake
Wales Ridge, ranging from scrub to a live oak-cabbage palm hammock,
in a sea of residential developments and pastures. The Highlands
Hammock Addition will add more of this island to the park, giving
the public more area for enjoying this natural landscape, protecting
streams that flow into the park, and helping to ensure the survival
of several rare plants, such as the Florida golden aster and several
rare animals.
This property will be managed by the Division
of Recreation and Parks as an addition to the Highlands Hammock
State Park.
This acquisition is consistent with section 187.201(10),
F.S., the Natural Systems and Recreational Lands section of the
State Comprehensive Plan.
(See Attachment 10, Pages 1-27)
RECOMMEND
APPROVAL
Item 11
Department of Agriculture and Consumer Services, Division of
Forestry/Rainbow Lakes Lutheran Church, Inc. Purchase Agreement
REQUEST:
Consideration of a purchase agreement to acquire 40.4 acres by
the Department of Agriculture and Consumer Services, Division
of Forestry under the Preservation 2000 program from Rainbow Lakes
Lutheran Church, Inc.
COUNTY:
Levy
APPLICANT:
Department of Agriculture and Consumer Services, Division of
Forestry
LOCATION:
Section 13, Township 16 South, Range 17 East
CONSIDERATION:
$10,000
APPRAISED BY
REVIEW PARCEL TOMPKINS APPROVED
PURCHASE CLOSING
NO.
NAME ACRES (01/09/96) VALUE
PRICE DATE
| 614064
| Church
| 40.4
| $10,100
| $10,100
| $10,000
| 90 days after
|
|
| | | |
| BOT approval
| |
STAFF REMARKS:
This acquisition was negotiated by the Department of Agriculture
and Consumer Services, Division of Forestry (DOF) under the P2000
Additions and Inholding Program.
The subject parcel is vacant land with
no legal ingress and egress over public roads or valid, recorded
easements. The seller acknowledges there is no legal access to
the parcel and the appraiser considered the lack of access when
establishing the market value of the parcel. Since DOF is the
manager of the Goethe State Forest which is adjacent to the north
and west sides of the subject parcel, the lack of access will
not negatively impact the management of the parcel.
Preliminary title information has indicated
an outstanding oil and gas interest in favor of the United States
of America. DOF has determined that the property can be effectively
managed subject to the outstanding mineral interest. All mortgages
and liens will be satisfied at the time of closing. In the event
the commitment for title insurance, to be obtained prior to closing,
reveals any other encumbrances which may affect the value of the
parcel or which may affect the proposed management of the parcel,
staff will so advise the Board of Trustees prior to closing.
A certified survey and environmental
site assessment of the parcel will be provided by DOF prior to
closing.
This property will be managed by the
Department of Agriculture and Consumer Services, Division of Forestry
as part of the Goethe State Forest. This parcel is adjacent to
the Goethe State Forest and will consolidate state forest boundaries
and improve overall management of the forest. This parcel will
be managed for natural resource conservation and outdoor recreation
activities under a multiple use management regime.
This acquisition is consistent with
section 187.201(10), F.S., the Natural Systems and Recreational
Lands section of the State Comprehensive Plan.
(See Attachment 11, Pages 1-24)
RECOMMEND APPROVAL
Item 12
BOR/FSU/BOT/Walker/Crosby/Lipford/Pittman Purchase Agreement
REQUEST:
Consideration of a purchase agreement among the Florida Board
of Regents, Florida State University and the Board of Trustees
to acquire a total of 0.11 acre.
COUNTY:
Leon
APPLICANT:
Florida State University
LOCATION:
Section 35, Township 01 North, Range 01 West
CONSIDERATION:
$61,000
APPRAISED BY
REVIEW PARCEL #/ CARLTON APPROVED
PURCHASE CLOSING
NO.
SELLER ACRES (01/23/96) VALUE
PRICE DATE
| 614066
| 221/
| 0.11
| $ 61,000
| $ 61,000
| $ 61,000
| 200 days after
|
Walker, et al BOT approval
STAFF REMARKS:
This acquisition was negotiated by Florida State University (FSU).
Funds for this parcel were appropriated by the Florida Legislature
and are still available.
Parcel 221 contains a one-story single-family
residence originally built in 1930. The structure will be removed
as soon as FSU obtains all of the necessary permits, after which
the area will be used for parking. Ultimately, the area is slated
for new construction with FSU's future expansion.
Clark Walker, Betty M. Crosby, and
Alice F. Lipford are each conveying an undivided interest in
parcel 221 while Mary L. McDaniel Pittman is conveying a life
estate in the parcel. All mortgages and liens on the parcel will
be satisfied at the time of closing. In the event the commitment
for title insurance, to be obtained by FSU prior to closing, reveals
any other encumbrances which may affect the value of the parcel
or the proposed management of the parcel, staff will so advise
the Board of Trustees prior to closing.
An environmental site assessment on
the parcel will be provided by the sellers prior to closing, with
FSU reimbursing the seller for the cost of the environmental site
assessment.
A certified survey of the parcel will
be obtained by FSU prior to closing.
The parcel will be managed by Florida
State University as a part of the FSU campus through a lease to
the Florida Board of Regents.
The acquisition is consistent with
section 187.201(01), F.S., the Education section of the State
Comprehensive Plan.
(See Attachment 12, Pages 1-28)
RECOMMEND APPROVAL
Item 13
Department of Corrections/Lafayette County Purchase Agreement
REQUEST:
Consideration of a purchase agreement to acquire a total of 95.02
acres from Lafayette County by the Florida Department of Corrections.
COUNTY:
Lafayette
APPLICANT:
Florida Department of Corrections
LOCATION:
Section 15, Township 04 South, Range 10 East
CONSIDERATION:
$93,750
APPRAISED BY
REVIEW TOMPKINS* APPROVED
PURCHASE CLOSING
NO.
ACRES (06/20/96) VALUE PRICE
DATE
| 94.90
| $94,900
| $94,900
| | |
| .12
| $150
| $150
| | |
| 614067
| 95.02
| | $95,050
| $93,750
| 200 Days after
|
| | |
| | BOT approval
|
* The appraisal was procured
and reviewed pursuant
to
944.10, F.S.
STAFF REMARKS:
This acquisition was negotiated by the Florida Department of
Corrections (DC). Funds appropriated by the Florida Legislature
are still available.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitment for title
insurance, to be obtained prior to closing by DC, reveals any
other encumbrances which 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.
An environmental site assessment and
certified survey of the property will be provided by DC prior
to closing.
This property will be managed by DC
as the Mayo Work Camp in Lafayette County.
This acquisition is consistent with
section 187.201(07), F.S., the Public Safety section of the State
Comprehensive Plan.
(See Attachment 13, Pages 1-23)
RECOMMEND APPROVAL
Item 14
Three Purchase Agreements/Survey Waiver/Belle Meade CARL Project
REQUEST:
Consideration of (1) three separate purchase agreements to acquire
158.70 acres within the Belle Meade CARL project from three separate
owners; and (2) request for survey waiver for all properties except
parcel numbers 438 and 440.
COUNTY:
Collier
LOCATION:
Sections 02, 26, 27 and 34, Township 50 and 51 South, Range
27 East
CONSIDERATION:
$292,500
APPRAISED BY
REVIEW PARCEL
(Dane) APPROVED PURCHASE
CLOSING
NO.
NO. OWNER ACRES
(11/28/95) VALUE
PRICE DATE
| 614056
| 336A,B,C&D
| Glist
| 85.20
| $162,360
| $162,360
| $154,700
| 6 months
|
| 614057
| 438&440
| Keel
| 32.50 |
65,270
| 65,270
| 62,000
| after BOT
|
| 614058
| 400A&B
| Stromberg
| 41.00
| 77,860
| 77,860
| 75,800
| approval
|
| |
| 158.70 |
| $305,490
| $292,500
| |
STAFF REMARKS:
The Belle Meade CARL project is ranked number 3 on the CARL Priority
Project List approved by the Board of Trustees on February 13,
1996, and is eligible for purchase under the Division of State
Lands' Land Acquisition Workplan. This project contains
17,987 acres, of which 4,999 acres have been acquired or are under
agreement to be
acquired. After the Board of Trustees
approves these agreements and other agreements in the Belle Meade
project presented today, 12,170 acres or 68 percent of the project
will remain to be acquired.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitments for
title insurance provided by the purchaser, to be obtained prior
to closing, reveal any other encumbrances which may affect the
value of the properties or the proposed management of the properties,
staff will so advise the Board of Trustees prior to closing.
A waiver of the requirement for surveys
of all parcels except numbers 438 and 440 is being requested pursuant
to section 18-1.005, F.A.C., because, in the opinion of the Bureau
of Survey and Mapping, the benefit of surveys of these parcels
would be outweighed by the cost and time involved in obtaining
the surveys. While these parcels are being recommended for a
waiver of survey at this time, should the title commitments reveal
a substantive surveying or surveying related issue which impacts
any given parcel, a certified survey will be provided by the purchaser
prior to closing.
Environmental site assessments for all parcels
and certified surveys for parcel numbers 438 and 40 will be provided
by purchaser prior to closing.
The cypress swamps and old-growth slash
pine flatwoods in the Belle Meade project, extending to the fast-developing
suburbs of Naples, are still important for such endangered wildlife
as Florida panthers, red-cockaded woodpeckers, and Florida black
bear. Belle Meade is also the watershed for Rookery Bay. The
Belle Meade CARL project will conserve the westernmost large natural
area in southwest Florida, protect some of the southernmost populations
of several rare animals, and help protect the quality of the subtropical
estuary of Rookery Bay by preserving the critical hydrological
connection from the flatwoods and swamps to the bay, while providing
a large area for recreation in a natural environment to residents
of and visitors to rapidly urbanizing southwest Florida.
These properties will be managed by the
Department of Agriculture and Consumer Services, Division of Forestry
as part of the Picayune Strand State Forest.
These acquisitions are consistent with section
187.201(10), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan.
(See Attachment 14, Pages 1-15)
RECOMMEND
APPROVAL
Item 15
Bailey/Stamey Option Agreement/Survey Waiver/Belle Meade CARL
Project
REQUEST:
Consideration of (1) an option agreement to acquire 331.60 acres
within the Belle Meade CARL project from Clyde E. Bailey and Jacqueline
Stamey, Trustees; and (2) a request for survey waiver.
COUNTY:
Collier
LOCATION:
Section 34, Township 50 South, Range 27 East
CONSIDERATION:
$596,000
APPRAISED BY
REVIEW (Dane) (Catlett) APPROVED
PURCHASE OPTION
NO.
ACRES (9/22/95) (9/5/95) VALUE
PRICE DATE
| 614061
| 331.60 |
$663,200 |
$700,000 |
$700,000 |
$ 596,000 |
10/30/96 |
STAFF REMARKS:
The Belle Meade CARL project is ranked number 3 on the CARL Priority
Project List approved by the Board of Trustees on February 13,
1996, and is eligible for purchase under the Division of State
Lands' Land Acquisition Workplan. This project contains
17,987 acres, of which 4,999 acres have been acquired or are under
agreement to be acquired. After the Board of Trustees approves
this agreement and other agreements in the Belle Meade project
presented today, 12,170 acres or 68 percent of the project will
remain to be acquired.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitment for
title insurance provided by the purchaser, to be obtained prior
to closing, reveals any other encumbrances which may affect the
value of the property or the proposed management of the property,
staff will so advise the Board of Trustees prior to closing.
A waiver of the requirement for a survey
of this parcel is being requested pursuant to section 18-1.005,
F.A.C., because, in the opinion of the Bureau of Survey and Mapping,
the benefit of a survey of this parcel would be outweighed by
the cost and time involved in obtaining the survey. While this
parcel is being recommended for a waiver of survey at this time,
should the title commitment reveal a substantive surveying or
surveying related issue which impacts the parcel, a certified
survey will be provided by the purchaser prior to closing.
An environmental site assessment will be
provided by the purchaser prior to closing.
The cypress swamps and old-growth slash
pine flatwoods in the Belle Meade project, extending to the fast-developing
suburbs of Naples, are still important for such endangered wildlife
as Florida panthers, red-cockaded woodpeckers, and Florida black
bear. Belle Meade is also the watershed for Rookery Bay. The
Belle Meade CARL project will conserve the westernmost large natural
area in southwest Florida, protect some of the southernmost populations
of several rare animals, and help protect the quality of the subtropical
estuary of Rookery Bay by preserving the critical hydrological
connection from the flatwoods and swamps to the bay, while providing
a large area for recreation in a natural environment to residents
of and visitors to rapidly urbanizing southwest Florida.
This property will be managed by the Department
of Agriculture and Consumer Services, Division of Forestry as
part of the Picayune Strand State Forest.
This acquisition is consistent with section
187.201(10), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan.
(See Attachment 15, Pages 1-20)
RECOMMEND
APPROVAL
Item 16
Vincent D. Doerr Option Agreement/Belle Meade CARL Project
REQUEST:
Consideration of an option agreement to acquire 160.40 acres within
the Belle Meade CARL project from Vincent D. Doerr.
COUNTY:
Collier
LOCATION:
Section 23, Township 51 South, Range 27 East
CONSIDERATION:
$257,000
APPRAISED BY
REVIEW (Dane) APPROVED PURCHASE
OPTION
NO.
ACRES (11/28/95) VALUE PRICE
DATE
| 614059
| 160.40 |
$288,720 |
$288,720
| $257,000
| 10/30/96
|
STAFF REMARKS:
The Belle Meade CARL project is ranked number 3 on the CARL Priority
Project List approved by the Board of Trustees on February 13,
1996, and is eligible for purchase under the Division of State
Lands' Land Acquisition Workplan. This project contains
17,987 acres, of which 4,999 acres have been acquired or are under
agreement to be acquired. After the Board of Trustees approves
this agreement and other agreements in the Belle Meade project
presented today, 12,170 acres or 68 percent of the project will
remain to be acquired.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitment for
title insurance provided by the purchaser, to be obtained prior
to closing, reveals any other encumbrances which may affect the
value of the property or the proposed management of the property,
staff will so advise the Board of Trustees prior to closing.
A certified survey and an environmental
site assessment will be provided by the purchaser prior to closing.
The cypress swamps and old-growth slash
pine flatwoods in the Belle Meade project, extending to the fast-developing
suburbs of Naples, are still important for such endangered wildlife
as Florida panthers, red-cockaded woodpeckers, and Florida black
bear. Belle Meade is also the watershed for Rookery Bay. The
Belle Meade CARL project will conserve the westernmost large natural
area in southwest Florida, protect some of the southernmost populations
of several rare animals, and help protect the quality of the subtropical
estuary of Rookery Bay by preserving the critical hydrological
connection from the flatwoods and swamps to the bay, while providing
a large area for recreation in a natural environment to residents
of and visitors to rapidly urbanizing southwest Florida.
This property will be managed by the Department
of Agriculture and Consumer Services, Division of Forestry as
part of the Picayune Strand State Forest.
This acquisition is consistent with section
187.201(10), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan.
(See Attachment 16, Pages 1-7)
RECOMMEND
APPROVAL
Item 17
Mock Purchase Agreement/Coupon Bight/Key Deer CARL Project
REQUEST:
Consideration of a purchase agreement to acquire four acres within
the Coupon Bight/Key Deer CARL project from Woodrow W. Mock and
Margaret A. Mock utilizing
appraisals based on land use regulations
in effect as of January 1, 1996.
COUNTY:
Monroe
LOCATION:
Big Pine Key
CONSIDERATION:
$84,500
APPRAISED BY
REVIEW WARONKER
APPROVED PURCHASE CLOSING
NO.
SELLER LOTS ACRES (05/21/94)
VALUE PRICE DATE
| 614055 |
Mock | 4
| 4.00
| $84,500
| $ 84,500
| $ 84,500
| 6 months
|
after BOT
approval
STAFF REMARKS:
The Coupon Bight/Key Deer CARL project is ranked number 2 on the
CARL Mega-Multiparcel Priority List approved by the Board of Trustees
on February 13, 1996, and is eligible for negotiation under the
Division of State Lands' Land Acquisition Workplan. This
project contains 1,827 acres of which 393 acres have been acquired
or are under agreement to be acquired. After the Board of
Trustees approves this agreement, 1,430 acres or 78 percent of
the project will remain to be acquired.
On March 12, 1996, the Board of Trustees
exercised its authority under section 259.041(1), F.S., to waive
the normal appraisal procedures and to substitute other reasonably
prudent procedures. This waiver enabled the Division of State
Lands to utilize approved appraised values that were based on
land use regulations in effect as of January 1, 1996 in Monroe
County and Big Pine Key, Florida.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitment for
title insurance, to be obtained prior to closing, reveals any
other encumbrances which may affect the value of the property
or the proposed management of the property, staff will so advise
the Board of Trustees prior to closing.
A waiver of the requirement for a survey
of all parcels within this project was approved by the Board of
Trustees on September 15, 1992. While this parcel has been approved
for a waiver of survey, should the title commitment reveal a substantive
surveying or surveying related issue which impacts the parcel,
a certified survey will be provided by the purchaser prior to
closing.
An environmental site assessment will be
provided by the purchaser prior to closing.
The subtropical pine forests of rapidly
developing Big Pine Key and the islands around it are the home
of the endangered Key deer as well as many Caribbean plants found
nowhere else in the country. Rich coral reefs and other hardbottom
communities flourish in the shallow water around the islands.
The Coupon Bight/Key Deer CARL project will protect the remaining
undeveloped land on Big Pine and No Name Keys, without which,
the Key deer will not survive; protect the water quality of the
Coupon Bight Aquatic Preserve and the other waters surrounding
the islands; and provide the public an area to appreciate the
unique natural world of this part of Florida.
This property will be managed by the Division
of Marine Resources in conjunction with the U.S. Fish and Wildlife
Service as a part of the National Key Deer Refuge.
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 17, Pages 1-4)
RECOMMEND
APPROVAL
Item 18
Southern Sun Investment Corp. Purchase Agreement/Fakahatchee Strand
CARL Project
REQUEST:
Consideration of a purchase agreement to acquire 52.8 acres within
the Fakahatchee Strand CARL project from Southern Sun Investment
Corp., a Florida corporation.
COUNTY:
Collier
LOCATION:
Sections 13 and 18, Township 50 South, Range 29 East
CONSIDERATION:
$52,800
APPRAISED BY
| REVIEW |
| (Rex)
| APPROVED
| PURCHASE
| CLOSING
| |
| NO.
| | ACRES
| (9/15/89)
| VALUE
| PRICE
| DATE
|
| 614062
| 52.8 |
$52,800 |
$52,800 |
$52,800 |
90 days after
| |
| | |
| | BOT approval
| |
STAFF REMARKS:
The Fakahatchee Strand CARL project is ranked number 4 on the
CARL Mega-Multiparcel Priority Project List approved by the Board
of Trustees on February 13, 1996, and is eligible for purchase
under the Division of State Lands' Land Acquisition Workplan.
This project contains 74,374 acres, of which 68,454 acres have
been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement, 5,867 acres or
eight percent of the project will remain to be acquired.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitment for
title insurance provided by the purchaser, to be obtained prior
to closing, reveals any other encumbrances which may affect the
value of the property or the proposed management of the property,
staff will so advise the Board of Trustees prior to closing.
A certified survey and an environmental
site assessment will be provided by the purchaser prior to closing.
Of the subtropical swamps in south Florida,
the Fakahatchee Strand is perhaps the most significant--the richest
in orchids and other rare tropical plants, the most critical to
the survival of the Florida panther, and the most important for
the mangrove swamps of the Ten Thousand Islands. The Fakahatchee
Strand project, by preserving this ecosystem, will help to save
the last of the panthers, protect the Ten Thousand Islands, and
give the public an opportunity to learn about this unique part
of Florida.
This property will be managed by the Division
of Recreation and Parks as part of the Fakahatchee Strand State
Preserve.
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 18, Pages 1-7)
RECOMMEND
APPROVAL
Item 19
Hugh Corrigan III Quitclaim Deed/Release of Mineral and Petroleum
Reservations
REQUEST:
Consideration of a request to (1) issue a quitclaim deed to
Hugh Corrigan III for the Board of Trustees' undivided 50 percent
interest in 9.9 acres; and (2) release of mineral and petroleum
reservations pursuant to section 270.11, F.S.
COUNTY:
Brevard
LOCATION: Section
24, Township 30 South, Range 37 East and Section 19, Township
30 South, Range 38 East
STAFF REMARKS:
On October 25, 1994, the Board of Trustees granted authority
to staff to enter into an acquisition agreement with the St. Johns
River Water Management District (District) to acquire the Sebastian
Creek CARL project in accordance with section 259.041(16), F.S.
(1994), utilizing the procedures set out in section 373.139, F.S.,
with some technical survey modifications that were incorporated
into the agreement. On November 10, 1994, the governing board
of the District approved and executed the acquisition agreement
and on December 13, 1994, the Board of Trustees approved the release
of funds from the Preservation 2000 Bond Trust Fund for the acquisition
of an undivided 50 percent interest in the Corrigan tract.
The District's contract price of $10,780,009.92
for an estimated 6,894 acres was based on $1,563.68 per acre
with an upward and downward adjustment provision based on final
surveyed acreage. On January 5, 1995, closing was held by the
District with 10 percent of the seller's net proceeds held in
escrow to assure acceptable completion of the survey. As the
survey progressed, it became evident that a portion of the property
was subject to two encroachment areas consisting of 9.9 acres.
The final survey resulted in a reduction of 44.39 acres inclusive
of the 9.9-acre encroachment area.
At the post closing adjustment, the
District forwarded a check to the Board of Trustees which represented
a full and complete refund of the Board of Trustees' 50 percent
share of the purchase price for the 44.39 acres. However, $15,480.48
of District funds were retained in escrow pending the District's
delivery of quitclaim deeds from the District and the Board of
Trustees, reconveying the encroachment area to the seller. The
District has until October 31, 1996, to reconvey the 9.9 acres;
otherwise, the District's funds will be forfeited and the District
and Board of Trustees will continue to hold title to the encroachment
area.
In conjunction with the District's
request for a quitclaim deed from the Board of Trustees, it is
also requesting that the Board of Trustees release its interest
in oil, gas and mineral rights, pursuant to section 270.11, F.S.,
and thereby, return the land to the seller in the condition in
which it was conveyed.
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 19, Pages 1-7)
RECOMMEND APPROVAL
Item 20
Hussey/Gargiulo Option Agreement/Belle Meade CARL Project
REQUEST:
Consideration of an option agreement to acquire 166.40 acres within
the Belle Meade CARL project from Francis D. Hussey, Jr., and
Jeffrey D. Gargiulo, Trustee.
COUNTY:
Collier
LOCATION:
Section 36, Township 50 South, Range 26 East
CONSIDERATION:
$295,700
APPRAISED BY
| REVIEW |
| (Dane)
| APPROVED
| PURCHASE
| OPTION
|
| NO.
| ACRES
| (11/28/95)
| VALUE
| PRICE
| DATE
|
| 614060
| 166.40 |
$366,080 |
$366,080
| $295,700
| 12/30/96
|
STAFF REMARKS:
The Belle Meade CARL project is ranked number 3 on the CARL Priority
Project List approved by the Board of Trustees on February 13,
1996, and is eligible for purchase under the Division of State
Lands' Land Acquisition Workplan. This project contains
17,987 acres, of which 4,999 acres have been acquired or are under
agreement to be acquired. After the Board of Trustees approves
this agreement and other agreements in the Belle Meade project
presented today, 12,170 acres or 68 percent of the project will
remain to be acquired.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitment for
title insurance provided by the purchaser, to be obtained prior
to closing, reveals any other encumbrances which may affect the
value of the property or the proposed management of the property,
staff will so advise the Board of Trustees prior to closing.
A certified survey and an environmental
site assessment will be provided by the purchaser prior to closing.
The cypress swamps and old-growth slash
pine flatwoods in the Belle Meade project, extending to the fast-developing
suburbs of Naples, are still important for such endangered wildlife
as Florida panthers, red-cockaded woodpeckers, and Florida black
bear. Belle Meade is also the watershed for Rookery Bay. The
Belle Meade CARL project will conserve the westernmost large natural
area in southwest Florida, protect some of the southernmost populations
of several rare animals, and help protect the quality of the subtropical
estuary of Rookery Bay by preserving the critical hydrological
connection from the flatwoods and swamps to the bay, while providing
a large area for recreation in a natural environment to residents
of and visitors to rapidly urbanizing southwest Florida.
This property will be managed by the Department
of Agriculture and Consumer Services, Division of Forestry as
part of the Picayune Strand State Forest.
This acquisition is consistent with section
187.201(10), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan.
(See Attachment 20, Pages 1-16)
RECOMMEND
APPROVAL
Item 21
TNC Purchase Agreements/Delegation of Authority/Survey Waiver/Lake
Wales Ridge Ecosystems CARL Project
REQUEST:
Consideration of a request to (1) approve thirty-seven separate
purchase agreements to acquire fifty-two lots (21 acres) within
the Lake Wales Ridge Ecosystems CARL project from The Nature Conservancy,
Inc. (TNC); (2) delegate authority to the Department of Environmental
Protection (DEP) to purchase assignments from TNC for parcels
within the Lake Wales Ridge Ecosystems CARL Project when the purchase
price does not exceed $50,000; and (3) waive the survey requirement
for all properties.
COUNTY:
Highlands
LOCATION:
Sections 04, 09 and 33, Township 36 South, Range 30 East
CONSIDERATION:
$191,100.00 ($182,000.00 for the acquisition and $9,100.00 for
the purchase of the purchase agreements)
REVIEW LOT/BLK
APPROVED CONTRACT TOTAL COST
NO.
NO. OWNER
ACRES VALUE AMOUNT
TO BOT
| 614003 |
16/279 | Abell
| .25 |
$ 4,250 |
$ 4,000 |
$ 4,212.50 |
| 614004 |
27/310 | Blalock/Barton
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614005 |
01/401 | Boeuf
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614006 |
12/350 | Bonilla
| 1.00 |
5,000 | 4,800
| 5,000.00
|
| 614007 |
13/350 | Bonilla
| 1.00 |
5,000 | 4,800
| 5,000.00
|
| 614008 |
06/303 | Brewer
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614009 |
31/300 | Brown
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614010 |
10/367 | Brubacher
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614011 |
07/287 | Carbonara
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614012 |
19/289 | Carbonara
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614013 |
21/289 | Carbonara
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614014 |
11/282 | Castanera
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614015 |
42/300 | Coutant
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614016 |
33/328 | Cruz
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614017 |
17/325 | Daniels
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614018 |
02/360 | Daniels
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614019 |
27/279 | DeRosario
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614020 |
03/328 | Delgado
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614021 |
22/296 | Elliott
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614022 |
23/296 | Elliott
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614023 |
18/274 | Garcia/Cruz
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614024 |
19/274 | Garcia/Cruz
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614025 |
20/274 | Garcia/Cruz
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614026 |
20/310 | Gutkowski
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614027 |
35/300 | Hecox
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614028 |
01/424 | Hynd
| 1.00 |
5,000 | 4,800
| 5,000.00
|
| 614029 |
02/424 | Hynd
| 1.00 |
5,000 | 4,800
| 5,000.00
|
| 614030 |
03/424 | Hynd
| 1.00 |
5,000 | 4,800
| 5,000.00
|
| 614031 |
05/424 | Hynd
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614032 |
06/424 | Hynd
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614033 |
07/424 | Hynd
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614034 |
18/310 | Kling
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614035 |
43/300 | Kuhn
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614036 |
11/333 | Martinez/Medin
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614037 |
03/354 | Mehler
| 1.00 |
5,000 | 4,800
| 5,000.00
|
| 614038 |
38/300 | Mehler
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614039 |
48/328 | Mejias
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614040 |
12/282 | Mejias/Fonseca
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614041 |
50/328 | Mejias/Fonseca
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614042 |
13/282 | Mejias/Velazqu
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614043 |
11/354 | Minsk
| 1.00 |
5,000 | 4,800
| 5,000.00
|
| 614044 |
15/333 | Peralta
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614045 |
08/328 | Ramirez/Santia
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614046 |
20/319 | Ramos
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614047 |
02/307 | Richardson
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614048 |
03/307 | Richardson
| .25 |
2,000 | 1,900
| 2,000.00
|
| 614049 |
25/274 | Rodriquez
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614050 |
14/279 | Santos
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614051 |
22/354 | Siwy
| 1.00 |
5,000 | 4,800
| 5,000.00
|
| 614052 |
13/319 | Ulivi
| .25 |
4,250 | 4,000
| 4,212.50
|
| 614053 |
16/354 | Urban
| 1.00 |
5,000 | 4,800
| 5,000.00
|
| 614054 |
56/328 | Yaquez/Delgad .25
| 2,000
| 1,900
| 2,000.00
| |
|
| | 21.00
| $192,000
| $182,000
| $191,100.00
|
Note: Closings will be within
6 months of Board of Trustees' approval.
STAFF REMARKS:
The Lake Wales Ridge Ecosystems CARL project is ranked number
1 on the CARL Mega-Multiparcel Priority Project List approved
by the Board of Trustees on February 13, 1996, and is eligible
for purchase under the Division of State Lands' Land Acquisition
Workplan. This project contains 1,269 acres, of which 600
acres have been acquired or are under agreement to be acquired.
After the Board of Trustees approves these
agreements, 647 acres or 51 percent of
the project will remain to be acquired.
Pursuant to a multi-party acquisition agreement
entered into between the Division of State Lands and TNC, TNC
has entered into thirty-seven purchase agreements to purchase
fifty-two lots totaling 21 acres within the Lake Wales Ridge Ecosystems
CARL project. After these acquisitions are approved, the Board
of Trustees will acquire the purchase agreements from TNC for
$9,100.00 which represents TNC's costs associated with acquiring
the purchase agreements. The assignment of purchase agreements
provide that payment to TNC is contingent upon the Board of Trustees
successfully acquiring the property from the owners. The assignment
of purchase agreements further provide that in no event will the
purchase price for the assignment and the purchase price of the
property exceed the approved value of the property.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitments for
title insurance provided by the purchaser, to be obtained prior
to closing, reveal any other encumbrances which may affect the
value of the properties or the proposed management of the properties,
staff will so advise the Board of Trustees prior to closing.
A waiver of the requirement for surveys
of all parcels is being requested pursuant to section 18-1.005,
F.A.C., because, in the opinion of the Bureau of Survey and Mapping,
the benefit of surveys of these parcels would be outweighed by
the cost and time involved in obtaining the surveys. While these
parcels are being recommended for a waiver of survey at this time,
should a field review or title commitment reveal a substantive
surveying or surveying related issue which impacts any given parcel,
a certified survey will be provided by the purchaser prior to
closing.
Environmental site assessments will be provided
by the purchaser prior to closing.
The request for a delegation of authority
to allow the DEP to accept the assignment of agreements from TNC,
when the purchase price does not exceed $50,000, is consistent
with the procedures previously approved by the Board of Trustees
for acquisition of parcels on the Mega-Multiparcel Priority List.
Payment to TNC for assignments of purchase agreements will be
in accordance with the amended multi-party acquisition agreement.
The multi-party acquisition agreement provides that payment to
TNC is contingent upon the Board of Trustees successfully acquiring
the property from the owners. The multi-party acquisition agreement
further provides that in no event will the
purchase price for the assignment and the purchase price of the
property exceed the approved value of the property.
The high, sandy Lake Wales Ridge, stretching
south from near Orlando almost to Lake Okeechobee, was originally
covered with a mosaic of scrub, flatwoods, wetlands, and lakes.
The scrub is unique in the world--it is inhabited by many plants
and animals found nowhere else--but it has almost completely been
converted to citrus groves and housing developments. The Lake
Wales Ridge Ecosystems CARL project is designed to protect the
best remaining tracts of this scrub and the ecosystems associated
with it, thereby preserving several endangered species and allowing
the public to see examples of the unique original landscape of
the ridge.
These properties will be managed by the
Florida Game and Fresh Water Fish Commission for habitat preservation.
These acquisitions are consistent with section
187.201(10), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan.
(See Attachment 21, Pages 1-18)
RECOMMEND
APPROVAL
Item 22
Cytec Brewster Phosphates, Inc. Donation/Conservation Easement
Conveyance
REQUEST:
Authority to (1) accept a donation of approximately 6,000 acres
in Hillsborough County from Cytec Brewster Phosphates, Inc.; and
(2) convey a conservation easement to the Southwest Florida Water
Management District.
COUNTY:
Hillsborough
LOCATION:
Sections 07 through 10, 14 through 22, 27 through 33 (all inclusive),
Township 31 South, Range 22 East, Hillsborough County, Florida.
STAFF REMARKS:
Cytec Brewster Phosphates, Inc., a Delaware corporation (Cytec)
is proposing to donate to the Board of Trustees approximately
6,000 acres located in Hillsborough County, Florida. The property
consists of lands previously mined, the vast majority of which
have been reclaimed. Because of the presence of the south prong
of the Alafia River, its attendant flood-plain forest, and many
lakes, the property offers excellent opportunities for recreational
use.
There are two encumbrances that will remain
on the property after closing:
- Approximately 600-800 acres of the property
are encumbered by a 16-year mining lease in favor of IMC-Agrico
Company (IMCA) with royalties payable to Cytec. The obligations
of IMCA and Cytec for post-mining reclamation are secured by
a $30.5 million performance bond held by Hillsborough County and
by the authority of Florida Department of Environmental Protection's
Bureau of Mine Reclamation (BMR) to impose additional bond requirements
should it deem such additional security necessary. The lease
will be administered by BMR.
- Approximately 56 acres of the property
are encumbered by a yearly citrus lease in favor of Bone Valley
Groves, Inc.
The foregoing encumbrances are acceptable
to the Division of Recreation and Parks.
Subsequent to the conveyance of the parcel
to the Board of Trustees, the Board of Trustees will convey a
conservation easement along the Alafia River up to the 100-year
flood plain to the Southwest Florida Water Management District
(SWFWMD). The conservation easement is being conveyed in consideration
of SWFWMD providing a boundary survey and environmental site assessment
for the donation. The donation property is adjacent to lands
in the Alafia River corridor that were previously conveyed to
the Board of Trustees pursuant to a settlement agreement between
American Cyanamid Company, Coastal Petroleum and the Board of
Trustees.
If the Board of Trustees approves this
item, staff will proceed to close on this parcel.
This donation will be managed by the Division
of Recreation and Parks as part of the state park system.
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 22, Pages 1-6)
RECOMMEND APPROVAL
Item 23
USA Quitclaim Deeds/Release of Mineral and Petroleum Reservations
REQUEST:
Consideration of a request to (1) issue two quitclaim deeds for
50.13 acres to the United States of America pursuant to a settlement
between the Florida Department of Transportation (FDOT) and the
Miccosukee Tribe of Indians of Florida (Tribe) in Case No. 91-6285-CIV-PAINE,
United States District Court for the Southern District of Florida,
West Palm Beach Division; and (2) release mineral and petroleum
reservations pursuant to section 270.11, F.S.
COUNTY: Dade
APPLICANT:
FDOT
LOCATION:
Sections 13 and 22-24, Township 54 South, Range 35 East; Sections
18 and 19, Township 54 South, Range 36 East; and Section 1, Township
54 South, Range 38 East
CONSIDERATION: $266,000
STAFF REMARKS: In
1979, the Tribe initiated a lawsuit against the State of Florida
to clarify the ownership of lands constituting the Miccosukee
Reservation. It was the contention of the Tribe that the FDOT
interfered with its possessory and proprietary interests in the
land in connection with the construction of State Road 84 (Alligator
Alley). That lawsuit was settled by an agreement which was ratified
by Congress in 1982.
Certain provisions of the 1982 agreement
are at issue in the current case. The Tribe now charges that
the FDOT trespassed upon Reservation lands and removed 4,700,000
cubic yards of fill material for use in the construction of Interstate
75, took an additional 200 acres of land without compensation,
impeded tribal access to parts of the Reservation, and installed
a microwave tower on the Reservation without authorization.
The Tribe and FDOT have reached agreement
on a Settlement to end the litigation. Among the terms of the
Settlement Agreement is a provision calling for the state to convey
six parcels of land to the United States to be held in trust for
the Tribe. The first parcel, Parcel 8 (consisting of parts I,
II, and III), contains 27.45 acres of Old Tamiami Trail right-of-way.
It is located along the northern border of Everglades National
Park and adjacent to lands occupied by the Tribe under a use agreement
with the National Park Service. Parcels 2, 2-3, 3 and 9, containing
18.91 acres, lie between the existing rights-of-way of U.S. 41
and the Old Tamiami Trail. The last parcel, containing 3.77 acres,
occupies the northwest intersection of Old Tamiami Trail and Krome
Avenue. The Tribe currently owns land adjacent to this parcel
and operates a bingo hall on it.
The parcels were appraised at $537,000 by
Edward N. Parker, MAI, as of March 30, 1995. Since a part of
the value is attributable to improvements made by FDOT, the value
was adjusted downward to $416,000 to account for those improvements.
Although the FDOT has requested quitclaims to the entire area,
the Board of Trustees' records only show 46.36 acres actually
titled in the name of the Board of Trustees. Thus, a further
value adjustment of $150,000 was required. The FDOT has agreed
to pay the Board of Trustees the final adjusted value of $266,000
for the acreage verified to be in the Board of Trustees ownership.
Since the settlement agreement does not
contemplate reserving mineral or petroleum rights and the appraisals
do not address their value, staff recommends that the Board of
Trustees release the reservations pursuant to section 270.11,
F.S.
A consideration of the status of any local
government comprehensive plans was not made for this item. The
department has determined that land sales are not subject to the
local government planning process.
(See Attachment 23, Pages 1-13)
RECOMMEND APPROVAL
Item 24
Jordan Ranch CARL Project/Southwest Florida Water Management District
Acquisition Agreement
WITHDRAWN FROM APRIL 23, 1996 AGENDA
REQUEST:
Consideration of (1) a recommendation to accept the land acquisition
procedures of the Southwest Florida Water Management District
with additional agreed upon modifications as meeting the standards
necessary for ownership by the Board of Trustees for acquisitions
made pursuant to section 259.041(16), F.S.; and (2) an acquisition
agreement with Southwest Florida Water Management District for
the Jordan Ranch CARL project.
COUNTY:
Citrus
LOCATION:
Sections 14, 15, 22, 23, 25-27, 29, 34 and 35, Township
17 South, Range 19 East
STAFF REMARKS:
The Jordan Ranch CARL project is ranked number 8 on the Bargain/Shared
CARL List approved by the Board of Trustees on February 13,
1996, and is eligible for negotiation under the Division of State
Lands' Land Acquisition Workplan. The proposed agreement covers
the entire 2,899.64 acre Jordan Ranch CARL project.
To facilitate the acquisition of this
project, the Southwest Florida Water Management District (District)
has offered to take the lead in the acquisition of this joint
project. On April 11, 1995, the Board of Trustees approved the
use of the District's procedures to allow the District to acquire
lands to be held jointly by the Board of Trustees and the District.
At that time the Department of Environmental Protection (DEP)
recommended that the District's procedures, with a few modifications,
be substituted for the procedures provided for in section 259.041,
F.S., and section 18-1, F.A.C., to allow the District to acquire
lands to be owned jointly by the District and the Board of Trustees.
The most significant modification to the District's normal procedures
was a requirement for an independent appraisal review. Following
a review of the first joint acquisition done by the District,
the DEP is also recommending some modifications to the District's
surveying requirements. The Division of State Lands (DSL) has
prepared an agreement, including the procedural modifications
noted, that would allow the District to acquire the Jordan Ranch
CARL project in accordance with section 259.041(16), F.S., utilizing
the procedures set out in section 373.139, F.S.
The District staff presented the agreement
to the governing board of the District for execution at its governing
board meeting on August 28, 1996. Upon receipt of the executed
agreement from the District, DSL staff will execute the agreement
on behalf of the Board of Trustees.
Incorporated into the agreement are
a number of assurances that the District is giving the Board of
Trustees in return for its consideration of this agreement. The
District has agreed to: (1) comply with the procedures set out
in section 373.139, F.S.; (2) defend the Board of Trustees against
all title and survey disputes or defects and environmental contamination
associated with each acquisition negotiated by the District that
were either known or should have been known by the District at
the time the District acquired the parcel; and (3) reimburse the
Board of Trustees 50 percent of any overpayment of the purchase
price if an audit or investigation determines that the purchase
price paid exceeded the actual appraised value.
Under the proposed agreement, the District
staff will obtain and review appraisals, negotiate a purchase
contract and secure the approval of its governing board. The
District will provide DSL with a board resolution covering the
assurances noted in the previous paragraph and requesting reimbursement
of the Board of Trustees' share of the purchase price. DSL staff
will request a release of funds for the Board of Trustees' share
of the purchase price for each parcel the District contracts to
purchase. In addition, the agreement provides for the District
to be reimbursed 50 percent of all costs associated with its attempt
to acquire lands within the project, including all pre-acquisition
and closing related costs, with the pre-acquisition costs being
reimbursed even if the District is unsuccessful in acquiring any
property. The agreement authorizes staff to reimburse these costs
from CARL incidental expense funds previously released by the
Board of Trustees. If the Board of Trustees authorizes the release
of funds, the District will proceed to closing with title to be
vested jointly with the District and the Board of Trustees each
holding an undivided 50 percent interest.
The Jordan Ranch CARL project will
be managed by the Florida Department of Agriculture and Consumer
Services, Division of Forestry as a State Forest.
This acquisition is consistent with
section 187.201(10), F.S., the Natural Systems and Recreational
Lands section of the State Comprehensive Plan.
(See Attachment 24, Pages 1-16)
RECOMMEND
APPROVAL
Item 25
Naples Yacht Club, Inc. Submerged Land Lease Modification
REQUEST: Consideration of an application for a modification
of a five-year sovereignty submerged land lease to contain a
total of 95,550 square feet, more or less, for an expansion of
an existing docking facility for a private yacht club.
COUNTY: Collier
Lease No. 111309785
Application No. 112697659
APPLICANT: Naples Yacht Club, Inc.
LOCATION: Section 10, Township 50 South, Range 25 East,
in Naples Bay, Class II Waters, within the local jurisdiction
of the City of Naples.
Aquatic Preserve: No
Outstanding Florida Waters: No
CONSIDERATION: $11,745.95, representing $10,223.85 as
the initial lease fee computed at the base rate of $0.1070 per
square foot, 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 seven percent of the rental rate pursuant to
section 18-21.011, F.A.C.
STAFF REMARKS: The applicant is proposing to expand and
reconfigure the existing 36-slip docking facility, presently used
in conjunction with the private yacht club, to 76 slips in two
phases. The existing facility is comprised of a registered grandfather
structure (GSR #110053) and an adjacent lease area. Phase One
of the project will include the construction of a new floating
concrete dock with 37 slips extending 400 feet easterly from the
existing access dock, for an interim total of 72 slips. Phase
Two will include the removal of the existing nearshore 36-slip
wooden dock and the construction of a new reconfigured floating
concrete dock with 39 slips in its place, thereby creating the
proposed 76-slip facility. The existing sovereignty submerged
land lease, approved by the Board of Trustees on August 23, 1988,
authorized the preemption of 18,263 square feet of sovereignty
lands. The grandfather registration will be canceled and the
grandfathered structure will be included in the modified lease.
The proposed additional lease area is 56,901 square feet for
a new total area of 95,550 square feet.
The applicant is also proposing to place 18.5 cubic yards of riprap
along 50 feet of seawall along the shoreline extending approximately
six feet into the waterbody during Phase Two of the project.
The riprap will be authorized pursuant to delegation of authority
for the use of sovereign submerged lands.
The Department of Environmental Protection environmental resource
permit requires sewage pumpout facilities and prohibits liveaboards.
Fueling facilities are existing on the uplands; new
fueling facilities are prohibited over the water. The recommendations
of the Division of Marine
Resources have been addressed in the permit. There are no significant
seagrasses or resources at the site. A May 15, 1995 site inspection
confirmed that the project is in compliance with the existing
lease conditions. The project was not required to be noticed.
A local government comprehensive plan has been adopted for this
area pursuant to section 163.3167, F.S. The Department of Community
Affairs determined that the plan is in compliance. The proposed
action is consistent with the adopted plan according to a letter
received from the City of Naples.
(See Attachment 25, Pages 1-11 )
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS
AND PAYMENT OF $11,745.95
Item 26
McElree Tuttle, Jr. and Margaret Tuttle (a/k/a Six Mile Creek
Marina) Submerged Land Lease Modification
REQUEST: Consideration of an application for a modification
of a five-year sovereignty submerged land lease to contain 27,821
square feet, more or less, for an expansion of a commercial docking
facility.
COUNTY: St. Johns
Lease No. 550003712
Application No. 551709259
APPLICANT: McElree Tuttle, Jr. and Margaret Tuttle
(a/k/a Six Mile Creek Marina)
LOCATION: Section 24, Township 06 South, Range 27 East,
in Six Mile Creek, Class III waters, within the local jurisdiction
of St. Johns County.
Aquatic Preserve: No
Outstanding Florida Waters: No
CONSIDERATION: $2,675.45 as the initial lease fee, computed
at the base rate of $0.1070 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.
STAFF REMARKS: The applicant is proposing to expand and
reconfigure an existing sixslip commercial docking facility
and boat ramp presently used in conjunction with the upland restaurant
and bait and tackle shop by eliminating the existing slips and
mooring areas and reconfiguring the entire facility. Two floating
docks, 1,300 and 100 feet long, are to be installed and will preempt
22,118 additional square feet. The two docks will provide parallel
mooring for approximately 54 vessels. The existing sovereignty
submerged land lease, approved by the department via delegation
of authority on March 2, 1992, authorizes the preemption of 5,703
square feet; the proposed new total will be 27,821 square feet.
The proposed dock reconfiguration will solve a recurrent problem
at the facility. Because of limited docking space during peak
business hours, restaurant patrons approaching by boat often
raft several vessels together. This creates ingress and egress
problems for other restaurant patrons and a potential navigation
hazard in the creek around the facility.
The applicant proposes to install 1,400 linear feet of floating
dock parallel to the riparian shoreline. The dock is to consist
of two sections that are separated by the applicant's boat ramp.
Each section is to be connected to the upland by a hinged ramp.
The northern section of dock, 1,300 feet long by eight feet wide,
will follow the contour of the shoreline, which consists of a
treeline that forms the border between the open water of the creek
and an extensive submerged hardwood wetland on the applicant's
property. The landward side of the dock is to be located an average
of 50 feet waterward of the treeline. This location is proposed
in order to avoid impacts to a band of emergent and floating aquatic
vegetation along the waterward edge of the treeline and to allow
boaters to fish along this "weedline."
The area between the 1,300-foot dock and the shoreline is not
included in the lease area. Staff is of the opinion that the
open water corridor between the dock and the treeline is wide
enough (50 feet) to allow fishing boats and other watercraft to
use this area for recreational purposes and will not be preempted
from public use. Mooring shall be prohibited along the landward
side of the dock. A special lease condition has been included
for this requirement.
A December 28, 1994, inspection of the existing lease area revealed
that the lessee was not in compliance with a special lease condition
requiring installation of manatee awareness and informational
signs. A subsequent site inspection on March 28, 1996, revealed
that the lessee had installed the required signs and is in compliance
with the existing lease. Staff assessed an administrative fine
in the amount of $250 for the violation. The applicant paid the
fine and all lease fees are current.
The Department of Environmental Protection wetland resource permit
prohibits fueling facilities and overnight mooring, with the exception
of one slip for permanent mooring for the applicant's vessel.
The recommendations from the Division of Marine Resources have
been addressed in the permit. There is no submerged vegetation
at the proposed dock location because of the water depth. The
proposed project was not required to be noticed.
A local government comprehensive plan has been adopted for this
area pursuant to section 163.3167, F.S.; however, the Department
of Community Affairs (DCA) determined that the plan was not in
compliance. In accordance with the Compliance Agreement between
DCA and the local government, an amendment has been adopted which
brought the plan into compliance. The proposed action is consistent
with the adopted plan as amended according to a letter received
from St. Johns County.
(See Attachment 26, Pages 1-8)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS
AND PAYMENT OF $2,675.45
Item 27
Eugene M. Steffan (d/b/a Palm Grove Marina) Lease Modification
DENIED 18,926 SQ. FT. EXPANSION, APPROVED REDUCED FINE AT 1/23/96
CABINET MEETING.
RECONSIDERED AT 12/12/95 AGENDA AND DEFERRED TO 1/23/96 AGENDA.
APPROVED ADMINISTRATIVE FINE 11/29/95 AND DEFERRED LEASE MODIFICATION
TO 1/23/96 AGENDA.
DEFERRED FROM 10/24/95 AGENDA TO 11/29/95 AGENDA.
REQUEST: (1) Consideration of a revised application for
a modification of a five-year sovereignty submerged land lease
to contain 76,427 square feet, more or less, for an expansion
of a commercial marina; and (2) authorization to enter into a
settlement agreement.
COUNTY: Lee
Lease No. 360706835
Application No. 360019035 (revised)
APPLICANT: Eugene M. Steffan
(d/b/a Palm Grove Marina, Inc.)
(a/k/a Palm Grove Marina of FMB, Inc.)
LOCATION: Section 19, Township 46 South, Range 24 East,
in Matanzas Pass, Class II Waters, within the local jurisdiction
of Lee County.
Aquatic Preserve: No
Outstanding Florida Waters: No
CONSIDERATION: $5,983.08 as the initial lease fee computed
at the base rate of $0.1070 per square foot, discounted 30 percent
because of the first-come, first-served nature of the facility,
and including the initial 25 percent surcharge 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 seven
percent of the rental rate pursuant to section 18-21.011, F.A.C.
Fees may be revised upon receipt of an acceptable survey.
STAFF REMARKS: The applicant is requesting authorization
for a one-slip expansion of an existing 78-slip commercial marina
used in conjunction with the upland commercial marina facility,
thereby creating a 79-slip facility. The additional 9,671 square
feet will better accommodate existing mooring areas located at
the ends of the docks in Area C and provide for the additional
slip at the southernmost dock in Areas A and B, for a total requested
lease area of 76,427 square feet.
The existing sovereignty submerged land lease, approved by the
Board of Trustees (BOT) on March 6, 1984, and modified in 1989,
authorizes the preemption of 66,756 square feet of sovereignty
lands. For a number of years, the proposed outermost slip area
provided mooring for a gambling cruise ship. Because the mooring
area was outside the authorized lease area, the applicant requested
an expansion of the lease area by 18,926 square feet. The BOT
denied that expansion on January 23, 1996, and approved a $12,500
fine for the unauthorized mooring. The applicant subsequently
filed for an administrative hearing against the Board of Trustees'
decision to deny the previous request and because of the assessment
of the administrative fine. On July 26, 1996, the applicant and
Department of Environmental Protection (DEP) agreed to bring a
proposed settlement before the BOT in order to resolve the administrative
challenge to the Board of Trustees' decision. The applicant has
paid the $12,500 administrative fine assessed by the BOT on January
23, 1996. This application reflects the terms of the proposed
agreement. The additional area requested in this application
is less than the area previously denied by the BOT and is proposed
to be used for smaller vessels for fishing and/or excursions,
not for a gambling cruise ship.
The DEP agreed to present this modification request to the BOT
provided that the applicant pays the administrative fine imposed
by the BOT on January 23, 1996, withdraws his petition, agrees
to abide by the Board of Trustee's restriction on gambling ships,
does not add new mooring pilings, and agrees to depth/draft restrictions
acceptable to the DEP.
In 1992, staff issued a Temporary Use Agreement (TUA) for the
temporary use of 11,460 square feet for mooring of the cruise
ship. The applicant paid lease fees based on seven percent of
the rental rate pursuant to rule for the years that the ship was
moored at the facility.
The draft of vessels will be restricted to less than 6 feet in
expansion Area A and less than 5 feet in expansion Area B. These
restrictions are more stringent than the 7-foot draft previously
proposed in the application denied by the BOT. Information provided
by the applicant shows that mean low water depths in the proposed
expanded lease area range from -6.3 feet to -16.4 feet, and that
mean low water depths in the nearby federal navigation channel
range from -10 feet to -14 feet. This revised request will not
require any special operational procedures as previously recommended
for the larger cruise ship because the turbidity and prop wash
concerns will be addressed by the draft restrictions which will
be included as special lease conditions pursuant to section 18-21.004(2)(b
and i), F.A.C.
All of the slips will continue to be maintained on an open to
the public, first-come, first-served basis. This requirement
has been included as a special lease condition.
The applicant is not required to obtain a DEP wetland resource
permit because the additional area is for mooring only; no dredging
or filling is to occur. There are no submerged resources or seagrasses
in the expansion area. The recommendations of the Division of
Marine Resources for manatee protection are included as special
lease conditions. The expanded lease area is located within the
western 25-foot setback area and a waiver has been obtained from
the affected property owner. The lease modification was not required
to be noticed.
A local government comprehensive plan has been adopted for this
area pursuant to section 163.3167, F.S.; however, the Department
of Community Affairs (DCA) has determined that the plan is 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 according to a letter received
from Lee County.
(See Attachment 27, Pages 1-24)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITION,
THE SPECIAL LEASE CONDITIONS, AND PAYMENT OF $5,983.08
Item 28
Gambling Cruise Ships/ Sovereign Submerged Land Use Policy
REQUEST: Consideration of the policy regarding the use
of sovereign submerged land by gambling cruise ships.
COUNTY: Statewide
APPLICANT: Department of Environmental Protection
STAFF REMARKS: On December 15, 1987, the Board of Trustees
(BOT) adopted a policy that provides for approval of submerged
land leases for mooring foreign registered vessels equipped with
gambling devices. This policy is specific for foreign registered
vessels. The Department of Environmental Protection (DEP), however,
has received requests for sovereign submerged land leases for
docking gambling cruise ships from private entities of non-foreign
registered vessels as well. On January 23, 1996, the BOT denied
a request to expand an existing sovereign submerged land lease
(Eugene Steffan/Palm Grove Marina) to facilitate the mooring of
a gambling cruise ship, although the denial was subject to other
considerations in addition to the gambling issue. On March 28,
1996, the BOT adopted a resolution supporting legislative efforts
to prohibit casino activity including gambling cruise ships.
In light of these most recent actions by the BOT, staff is requesting
policy direction from the BOT on requests for sovereign submerged
land leases for both foreign and non-foreign registered gambling
vessels. Also, staff would like to know what information the
BOT would like to be included in these requests to facilitate
their evaluation.
The Attorney General recently asked the DEP to provide the BOT
with an inventory of sovereign submerged land leases for docking
facilities which are used for mooring gaming vessels offering
cruises that leave state waters for the purpose of gambling ("cruises
to nowhere"). This information is provided in the attached
matrix for the BOT's consideration in formulating its policy on
the use of sovereign land for gambling vessels.
The matrix includes all known gambling vessels currently mooring
in the state and the following information where available: the
vessel's location, name, and associated cruise line; country of
registration (U.S.A. or foreign); whether the vessel is moored
over sovereign submerged land or non-sovereign submerged land
(private or other publicly owned submerged land); applicable leases
and the expiration dates; the port location of the vessel; the
primary type of activity offered on the vessel (gambling as primary
activity or incidental to other activities); and the destinations
of the vessel ("ships to nowhere" or to other ports).
(See Attachment 28, Pages 1- 11)
RECOMMEND DIRECTION FROM THE BOARD OF TRUSTEES ON THE EVALUATION
OF REQUESTS TO USE SOVEREIGN SUBMERGED LAND FOR GAMBLING CRUISE
SHIPS
Item 29
Policy for Placement of Structures Associated with Water
Capture from
Submarine Springs
REQUEST: Conceptual approval of a policy regarding the
placement of structures on sovereign submerged lands associated
with the capture of flow from submarine springs.
COUNTY: Statewide
APPLICANT: Department of Environmental Protection (DEP)
LOCATION: Statewide
CONSIDERATION: N/A
STAFF REMARKS: The DEP is requesting that the Board of
Trustees consider a policy
regarding the placement of structures on sovereign submerged lands
associated with the capture of all or a portion of the flow of
water from submarine springs. This proposed policy is prompted
by a request from an individual who has identified two possible
locations for such capture.
The inquiry received relates to a proposal to develop a potential
new source of drinking water for the citizens of Florida by capturing
a portion of the flow from offshore freshwater springs and transporting
that water to an existing water supply wholesaler. Two locations
were referenced: one is a submarine spring offshore of Crescent
Beach (St. Johns County) as a potential water source for Volusia
County or Brevard County utilities; the second is a group of submarine
springs in Spring Creek (Wakulla County) as a potential water
source for Pinellas County or possibly Lee County utilities.
The method of retrieval would be to capture freshwater as it wells-up
from springs by utilizing some type of surface or subsurface structure.
The water would then be transported to shore by a pipeline laid
on or embedded in the water bottom. Overland transportation would
also be accomplished by pipeline, probably constructed within
existing railroad and other rights-of-way, to points of sale.
The water would then be sold to existing utilities which would
treat the water as necessary, then resell it to the utility's
customers in the normal manner.
Initial staff response to this request was the development of
a preliminary list of information/permits needed to evaluate any
specific request/application for this activity. Permits/authorizations
required for this activity would include: (1) authorization by
the Board of Trustees to install structures on sovereign submerged
lands associated with capture of all or a part of the submarine
spring flow; (2) a joint coastal permit including an environmental
resource review for the pipeline landward of the coastal construction
control line; and (3) a consumptive use permit which may involve
the interdistrict transfer of water under section 373.2295, F.S.
Extensive technical information would be required to assess the
potential effect of the activity on environmental resources at
the spring, along the pipeline route, and on aquifer levels and
water supply. In addition, careful analysis of specific proposals
would be required as a part of the consumptive use permitting
process to ensure consistency of the proposal with current water
use statutes, rules, and policies. In that the acquisition and
interpretation of the data necessary to address the above issues
would be extensive and time consuming on the part of the applicant
and governmental entities, it appears prudent to first address
the policy question of the installation of structures on sovereign
submerged lands for this purpose, prior to initiating the extensive
data collection and interpretation.
The Springs of Florida (Florida Geological Survey, Bulletin
No. 31, Revised), identifies sixteen submarine springs off the
state's coast of which fourteen appear to be on sovereign lands
(two appear to be outside territorial waters). Because of the
difficulty of identifying/locating submarine springs, this list
is not considered to be an exact inventory. The small number
of known submarine springs together with the published data on
these springs suggest that there will be a limited number of requests/applications
for the installation of structures associated with the capture
of flow from submarine springs.
The Board of Trustees, as the owner of sovereign submerged lands,
has the right to prohibit others from erecting structures (such
as withdrawal pipes or whatever structures that may be necessary
for this purpose) on sovereign submerged lands or to demand payment
of rents or fees in consideration for the right to place such
structures on sovereign submerged lands. It is not proposed that
the Board of Trustees sell the water in the springs or any water
resource as a commodity but that the Board of Trustees make due
consideration of its proprietary interests in the sovereign submerged
lands which a prospective applicant must use under such a proposal.
Thus, it is proposed that the Board of Trustees should, in considering
its proprietary interests, treat the use of sovereign submerged
lands in such a project as it would under any request for an easement
or lease for a commercial purpose. Under existing policy and
rule provisions in rules 18-21.010(1)(l), 18-21.010(2), and 18-21.011(1)(a),
F.A.C., rents or fees for commercial easements or leases are based
in part on the value of the easement or lease or the economic
benefit the applicant is expected to receive as a result of the
easement or lease. For the activity in question, the expected
economic benefit is in proportion to the volume of water withdrawn.
Accordingly, as consideration for use of sovereign submerged
lands, a fee or rent based on the volume of water withdrawn would
be consistent with existing policy and rules of the Board of Trustees.
Another public policy issue the Board of Trustees may wish to
consider is whether capture of water from off-shore springs, if
determined to have minimal environmental impact, should be pursued
as a private venture or a public function, perhaps through a state-operated
system, a regional water supply authority, or some type of public-private
partnership.
As a general policy, staff recommends conceptual approval of the
placement of structures on sovereign submerged lands associated
with the capture of flow from submarine springs which are located
in marine areas that have no natural community or existing
uses associated with the spring that would be affected
by the decrease in freshwater flow, provided that the capture,
transport, treatment, and subsequent distribution of the water
is consistent with all applicable permitting statutes, rules,
and policies. Due to the lack of comprehensive biological surveys
for submarine springs, especially those offshore, a case-by-case
analysis will be necessary for each spring to determine if potential
water withdrawals would negatively affect the surrounding natural
communities or recreational uses such as fishing. Conversely,
staff would recommend that the Board of Trustees' policy disallow
the placement of such structures for the capture of water from
submarine springs which feed estuarine systems which are dependent
upon the balance of salt and fresh water to ensure the continued
health and productivity of the natural communities they support.
Because these issues will be encompassed within the review of
a consumptive use permit application for water withdrawal associated
with these proposed structures, staff recommends that prior to
the Board of Trustees' consideration of an application to construct
such structures, an applicant be required to obtain a consumptive
use permit from the appropriate water management district.
As discussed above, staff also recommends that a lease fee, in
the amount of a specified percent of the gross revenues from the
sale of the water withdrawn, be included as a requirement of any
approval. Finally, staff recommends that the Board of Trustees
clarify for potential private applicants that approval of this
policy does not preclude further consideration of capture of water
from submarine springs for water supply as a public function.
(See Attachment 29, Pages 1-26)
RECOMMEND APPROVAL
Item 30
Metro Machine of Florida, Inc. Submerged Land Lease
DEFERRED FROM 7/23/96 AGENDA
SUBSTANTIALLY REWRITTEN
REQUEST: Consideration of an application for conceptual
approval of (1) a five-year sovereignty submerged land lease for
a proposed commercial dry dock and marine repair facility; and
(2) severance of 480,000 cubic yards of sovereign material.
COUNTY: Nassau
Application No. 452900299
APPLICANT: Metro Machine of Florida, Inc.
LOCATION: Section 14, Township 03 North, Range 28 East,
in the Amelia River, near the
city of Fernandina Beach, within the local jurisdiction of Nassau
County
Aquatic Preserve: Fort Clinch State Park, Resource Protection
Area 1
Outstanding Florida Waters: Yes, Class III
STAFF REMARKS: The applicant is proposing to construct
a privately managed dry dock facility to service U.S. Navy ships
home-ported at Jacksonville. The proposed project is designed
such that a maximum of two ships will be located at the facility
at one time with one of the ships in dry dock. The project will
provide services such as hull cleaning and painting, hull and
hull protrusion repairs, props/shaft, and rudder repairs. The
ships will be destroyer and guided-missile cruiser class. According
to the applicant, the proposed facility is significant for national
defense and will provide significant employment for the surrounding
area.
The applicant has demonstrated to the Department of Environmental
Protection (DEP) that its facilities use state-of-the-art technology
that virtually prevents pollutants from entering the surrounding
air and surface waters. The DEP believes that the use of 'Best
Available Technology' in the state is desirable.
The proposed site is located at the Nassau Fertilizer and Oil
Company land at Egans Point. Legal descriptions indicate a total
of 18 acres of land including six acres of marshland. The west
boundary is the Amelia River, to the south is Egans Creek, and
to the north is a parcel of land bordering on Fort Clinch State
Park. Previous commercial activity at this site included menhaden
processing which started in 1911. Three commercial docks and
upland warehouses and other structures currently exist at the
site. The docks are registered grandfathered structures (GSR
No. 45-0001) encompassing approximately 13,000 square feet.
Proposed construction on the uplands includes additional parking,
an electrical power service area, land-side boilers for domestic
steam service to the ships, a wastewater treatment plant for ship
tank and bilge cleaning operations, and a hazardous materials
storage area. As currently proposed, the project involves removing
existing docking facilities, constructing 172,300 square feet
of overwater docking facilities, and creating a basin for a Navy
floating dry dock, berthing area, and access channel by dredging
480,000 cubic yards of sovereign material covering nine acres.
Dredging requirements include excavating to a depth of -55 feet
mean low water (MLW) for the operation of the floating dry dock,
-35 feet MLW for the pier, and a channel leading to the site from
the Amelia River. Shoreline armoring will be required to stabilize
the side slopes of the excavated areas. The excavation, armoring,
and dredging will result in the elimination of 0.64 acre of saltmarsh
vegetation, 0.2 acre of oyster beds along the Amelia River shoreline,
and the entire littoral zone along 1,400 feet of shoreline. The
littoral zone has been surveyed and has been classified as a Resource
Protection Area #1.
Chapter 258, F.S. and rule 18-20.004(2)(a), F.A.C., require that
in order for a lease to be approved, the project must be found
to be clearly in the public interest, that is, that the social,
economic and/or environmental benefits to the preserve must clearly
exceed the costs. The applicant has proposed the following activities
to meet the public interest criteria for approval: (1) designate
a fenced 2-acre parcel at Egans Point which the applicant currently
leases from Nassau Fertilizer and construct a public boat ramp
at the site. If in the tenth year of the lease the applicant
avails themselves of the option to purchase the property, the
applicant will at that time dedicate the property to Nassau
County; (2) engineer a structure using the unnecessary rip-rap,
cement docks and seawalls from the
Nassau Fertilizer site and use this material as the core of a
structure to protect Fort Clinch from erosion. Engineering review
would need to be conducted to determine if this is feasible, and
if, such an approach would qualify for a coastal construction
permit under chapter 161, F.S. In addition, the applicant proposes
the placement of 150,000 cubic yards of fine sand dredge material
at Fort Clinch State Park to offset erosion that threatens the
fort. This could only be considered in the public interest if
the applicant can demonstrate that the material is compatible
for placement at Fort Clinch State Park. Also, in December 1996,
the U.S. Army Corps of Engineers (COE) will be placing 50,000-80,000
cubic yards of beach quality sand at Fort Clinch State Park as
a specific condition of a previously issued DEP wetland resource
permit (No. 452025139) for the Kings Bay Entrance Channel Navigation
Project; (3) removal of three sunken barges within the footprint
of the project and an abandoned dredge, the Crest, from an area
outside the footprint of the project, which has been placed in
the aquatic preserve and has been deteriorating for the past eight
years; (4) donate 6.0 acres of marsh bordering Clark Creek to
the state of Florida for inclusion in the Fort Clinch State Park,
either by dedication or conveyance of a conservation easement
of the marsh areas. This action may be needed as regulatory mitigation
required by Part IV of chapter 373, F.S., to offset the loss of
marsh habitat and if so, should not be considered an action that
helps to render the project clearly in the public interest. In
addition, the state claims ownership to lands lying waterward
of the mean high water line of Clark Creek. Deed surveys indicate
that the majority of the marsh lands proposed for conveyance/preservation
are already in public ownership and should not be considered in
the public interest assessment; (5) assist the COE in future beach
renourishment projects at Fort Clinch by paying for services to
locate unexploded ordnance in the vicinity of the fort. Staff
has not been provided with sufficient information to determine
whether or not this activity will benefit the preserve; (6) In
addition to paying standard lease fees, Metro has offered to pay
to the state $35,000 per year for placement in a fund to assist
in any construction activities to be determined by the department
to be appropriate in the Fort Clinch State Park; and (7) install
a sewage pump out at Tiger Point marina, a private marina in Egans
Creek.
It is staff's view that, in the final analysis, the proposed public
interest consideration may not be acceptable, therefore, additional
public interest measures may be required, such as:
1. Purchase Little Tiger Island and donate to the state.
2. Purchase and donate to the state parcels totaling approximately
19.75 acres scattered along the west boundary of the park.
3. Purchase and donate to the state the 10-acre parcel located
between the proposed project and the state park.
At this time, an environmental resource permit application has
been received, but is incomplete. Staff has not had the opportunity
to fully evaluate the proposed project based upon the regulatory
environmental resource permitting requirements, but given the
extensive impacts to wetlands and offshore and nearshore areas,
such permitting concerns are expected to be significant. In addition
to concerns related to habitat loss, the project also raises water
quality concerns. Core borings taken in the dredge area indicate
an upper sediment layer of sandy, clayey silt between 15 and 30
feet thick. Approximately 70 percent of the total amount of proposed
dredge volume is composed of this material. This type of material
is difficult to dredge while maintaining water quality standards
and typically adsorbs heavy metals and other toxic material which
can be released during dredging. The amount of deposition in
the proposed dredge area indicates that there may be
frequent maintenance dredging concerns. The 90,000 square foot,
55-foot deep cavity proposed for the dry dock area could act as
a "sump" collecting suspended solids during tide changes
in the Amelia River and from the tidal flushing of Egans Creek
twice daily.
Due to the above concerns, the DEP met with the Navy and the Port
of Jacksonville to discuss the possibilities of locating the dry
dock facility at an alternate location within the Port of Jacksonville.
A site was identified at Dames Point which could be used. However,
use of this site would require additional land acquisition, dredging
for deep water access, and site development, including construction
of all infrastructure and installation of utilities, making the
site cost prohibitive.
In order to be approved at the proposed location, staff recommends
that the impacts to shoreline and littoral habitats be minimized
or eliminated by project design modifications. The applicant
currently operates a similar facility in Norfolk, Virginia. At
this facility, ships are loaded onto the dry dock in deep water,
and the dry dock is then moved onshore. Use of this procedure
at the subject site would entail using an area of the Amelia River
approximately 400 feet offshore of the project site that is of
sufficient natural depth to lower the dry dock and situate and
secure the ship to be repaired. The dry dock could be raised,
moved inshore, and secured to the proposed mooring dolphins.
This project revision would eliminate the shoreline and nearshore
dredging and the destruction of shoreline and littoral resources.
Additionally, staff recommends that the applicant be required
to create an aesthetic buffer, by conservation easement or other
means, between the project site and the state park.
With the above changes, which minimize adverse impacts to the
Aquatic Preserve, the project is recommended for conditional approval
provided the applicant can perform adequate mitigation to offset
project impacts, and provide additional measures that render the
project clearly in the public interest. A final determination
of actions sufficient to render the project clearly in the public
interest can not be made until the design changes are finalized
and additional information is provided, however, a combination
of all or some of the public interest measures proposed by the
applicant and staff are expected to be sufficient.
(See Attachment 30, Pages 1-14)
RECOMMEND CONDITIONAL APPROVAL
Cabinet
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