Cabinet Affairs

AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

MAY 28, 1997

Item 1 Minutes

Submittal of the minutes of the April 15, 1997 Cabinet meeting.

RECOMMEND ACCEPTANCE

Item 2 The Trust for Public Land (Rosslow Trust) Option Agreement/Avalon Addition Project

REQUEST: Consideration of the acceptance of an assignment of an option agreement to acquire 21.84 acres within the Avalon Addition, Division of Recreation and Parks' Additions and Inholdings project from The Trust for Public Land (TPL).

COUNTY: St. Lucie

LOCATION: Section 03, Township 34 South, Range 40 East

CONSIDERATION: $494,400 ($480,000 for the acquisition; $14,400 for the purchase of the option agreement)

APPRAISED BY

REVIEW PARCEL Fuller Boyle APPROVED PURCHASE OPTION

NO. NO . ACRES (11/30/95) (01/02/96) VALUE PRICE DATE

709001 Rosslow 21.84 $450,000 $500,000 $500,000 $480,000 90 days after

BOT approval

STAFF REMARKS: The Avalon Addition project has been identified on the Division of Recreation and Parks' Additions and Inholdings List. This agreement was negotiated by the Division of State Lands (DSL) on behalf of the Division of Recreation and Parks under the Additions and Inholdings Preservation 2000 program.

Pursuant to a multi-party acquisition agreement entered into between the DSL and TPL, TPL has acquired an option to purchase this 21.84-acre parcel from the Rosslow Trust. After this acquisition is approved, the Board of Trustees will acquire the option from TPL for $14,400, which represents agreed upon compensation to TPL for overhead associated with acquiring the option. The Board of Trustees may then exercise the option and purchase the property. The assignment of option agreement provides that payment to TPL is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL approved value of the property.

All mortgages and liens will be satisfied at the time of closing. 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 an environmental site assessment will be provided by the purchaser prior to closing.

The property will be managed by the Division of Recreation and Parks as an addition to the Avalon State Recreation Area.

Board of Trustees

Agenda - May 28, 1997 Page Two

Item 2, cont.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 2, Pages 1-33)

RECOMMEND APPROVAL

Item 3 Dr. Ricardo Pines/FGFWFC Temporary Use Agreement/Perpetual Easement

REQUEST: Consideration of a request to grant a temporary use agreement to Dr. Ricardo Pines in exchange for a perpetual access road easement to access a 1,415.08-acre, more or less, parcel of state-owned land.

COUNTY: Highlands

Use Agreement No. U-0281

APPLICANT: Dr. Ricardo Pines and the Florida Game and Fresh Water Fish Commission (FGFWFC)

LOCATION: A portion of Sections 27, 28, 33 and 34, Township 35 South, Range 31 East

STAFF REMARKS: On July 27, 1996, the Land Management Advisory Council recommended approval of a lease to the FGFWFC for approximately 1,415.08 acres of state-owned land located in Highlands County. The FGFWFC will use the property for a mottled duck study area. Upon further review, it was determined that the property was landlocked with the only practical access through property owned by the adjacent property owner, Dr. Ricardo Pines. Dr. Pines has agreed to grant the Board of Trustees a perpetual easement for ingress, egress and utilities in exchange for a one-year temporary use agreement. Dr. Pines intends to use the property for cattle grazing, which has been its historical use. As additional consideration for the easement, the FGFWFC has agreed to recognize Dr. Pines' contribution on public information brochures/signs that it will develop for the study area once it becomes established. FGFWFC will continue to graze the property as a part of its study which, in part, focuses on the impacts of grazing on mottled duck habitat.

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 was not in compliance. A compliance agreement between DCA and the local government has been finalized. The proposed action is consistent with the adopted plan according to a letter received from Highlands County.

(See Attachment 3, Pages 1-18)

RECOMMEND APPROVAL

Board of Trustees

Agenda - May 28, 1997 Page Three

Item 4 Walton County Land Disposition Determination

REQUEST: Consideration of a request to determine that a 420-acre, more or less, parcel of state-owned land in Walton County no longer needs to be preserved in furtherance of the intent of the Florida Preservation 2000 Act.

COUNTY: Walton

APPLICANT: Division of State Lands

LOCATION: A portion of Sections 30 and 31, Township 02 South, Range 19 West

STAFF REMARKS: On February 11, 1997, the Board of Trustees approved the new boundary for the South Walton Ecosystem Conservation and Recreation Lands (CARL) project. At that time, Governor Chiles directed the Department of Environmental Protection (DEP) to return to the Board of Trustees within 90 days with a plan for disposition of the 820 acres removed from the project boundary. Division of State Lands (DSL) staff subsequently met with representatives from the Division of Forestry, Walton County and the Department of Community Affairs to discuss the steps necessary to begin disposing of the land. DSL staff developed a timeline that indicated that more than 90 days would be required to complete the survey, appraisal, and public noticing requirements for disposing of public lands. The group elected to focus on a 420-acre parcel proposed for development by Walton County as a town center and the initial determination, pursuant to subsection 259.101(6), F.S., whether "such lands no longer need to be preserved in furtherance of the intent of the Florida Preservation 2000 Act."

On April 11, 1997, the Division of Forestry forwarded a request to DSL for release of the acreage outside the new CARL boundary. On April 24, 1997, the Land Management Advisory Council (LMAC) considered a request that the Board of Trustees determine that the 420 acres encompassed within the proposed town center site are no longer needed in furtherance of the intent of the Florida Preservation 2000 Act. Objections were received from representatives from the Audubon Society, Florida Wildlife Federation and Sierra Club. LMAC, in recognition of the fact that important resources exist on the town center site, voted to recommend that the Board of Trustees determine that the 420 acres are no longer needed in furtherance of the intent of the Preservation 2000 Act, provided that the town center plan be reviewed and modified if necessary to ensure that: (1) the most highly valued natural resources on the site are preserved; (2) critical habitat connections to lands on the west side of the new town center are maintained; and (3) state of the art stormwater treatment design features are included that will protect the resources of Choctawhatchee Bay and jurisdictional wetlands. LMAC also recommended that the town center plan be reviewed by a multi-agency/stakeholder review team and modified as necessary to ensure that the above resource protection measures be implemented.

The Department of Community Affairs has offered to coordinate setting up the review team to review the town center plan as well as to assure that the town center plan is consistent with the local comprehensive plan. While the town center plan is being reviewed, staff will coordinate with the county to obtain a list of landowners within 500 feet of the parcel, and the name of a newspaper of general circulation in the county, and initiate the public noticing requirements of section 253.115, F.S. Survey and appraisal work will be initiated and the requirements for repaying the Preservation 2000 Fund will be addressed prior to returning to LMAC and the Board of Trustees for a final surplus land designation. The remaining 400 acres removed from the CARL boundary will be reviewed by LMAC and the Board of Trustees as a separate item after an analysis of the resources on the site can be completed.

A consideration of the status of the local government comprehensive plan was not made for this item. The DEP has determined that land conveyances are not subject to the local government planning process. Board of Trustees

Agenda - May 28, 1997 Page Four

Item 4, cont.

A copy of South Walton County's New Town Master Plan of Development is on file with the Office of the Attorney General.

(See Attachment 4, Pages 1-25)

RECOMMEND APPROVAL

Item 5 Support Terminals Operating Partnership, L.P. Disclaimer

DEFERRED FROM MAY 13, 1997 AGENDA

REQUEST: Consideration of an application for a disclaimer for a parcel of submerged lands beneath a dock encompassing 12,425.87 square feet (0.29 acre) more or less.

COUNTY: Duval

LOCATION: Section 50, Township 01 South, Range 27 East

APPLICANT: Support Terminals Operating Partnership, L.P., Limited Partnership

STAFF REMARKS: The applicant has requested a disclaimer to the area under a dock as "permanent improvements" pursuant to the Butler Act (Chapter 8537, Acts of 1921) and section 253.129, F.S. The courts in several recent decisions (e.g., Jacksonville Shipyards and Industrial Plastics) have held that wharfs and docks constructed prior to the repeal of the Butler Act constitute "permanent improvements" for which disclaimers are appropriate.

Aerial photographs dated May, 1943, and January, 1952, show the dock in existence. Currently the dock is in disrepair resulting from a 1990 maritime accident. The current owner anticipates making repairs after a disclaimer is issued.

Staff recommends that because the lands subject to this disclaimer are subject to the inalienable public trust under which the Grantor acquired and holds title to sovereignty lands, a provision be included in the disclaimer providing that, if Grantee permanently abandons any of the improvements above and as a result of the abandonment said improvements deteriorate and wash away through a gradual, imperceptible process, all right, title and interest in the lands beneath the improvements shall automatically and immediately vest in Grantor, without notice to Grantee, and Grantee shall forfeit all right, title and interest in and to said lands.

A consideration of the status of the local government comprehensive plan was not made for this item. The Department of Environmental Protection has determined that the proposed action is not subject to the local government planning process.

(See Attachment 7, Pages 1-12 submitted with the May 13, 1997 agenda)

RECOMMEND APPROVAL

Board of Trustees

Agenda - May 28, 1997 Page Five

Item 6 Designation of High Density Aquaculture Lease Areas/Twenty-four Shellfish Aquaculture Leases

DEFERRED FROM MAY 13, 1997 AGENDA

REQUEST: Approval to (1) use approximately 35.72 acres of sovereignty submerged lands, more or less, for shellfish aquaculture in a designated high-density lease area in Volusia County; and (2) issue 24 aquaculture leases to eligible participants in the local Aquaculture Demonstration and Training Project (Project Oak Hill).

COUNTY: Volusia

APPLICANTS: 24 lease applicants

LOCATION: Sections 4 and 9, Township 19 South, Range 35 East, in Mosquito Lagoon, Class III waters, near the City of Oak Hill, within the local jurisdiction of Volusia County.

CONSIDERATION: The lease fee for all of the proposed leases represents (1) a base annual rent of $15.58 per acre or fraction thereof; and (2) an annual surcharge, representing $5 per acre or fraction thereof for deposit in the Marine Resource Conservation Trust Fund. Pursuant to section 370.16(4)(b), F.S., each applicant's lease fee shall be adjusted on January 1, 2000, and every five years thereafter, based upon the five-year average change in the Consumer Price Index.

STAFF REMARKS: Because of the constitutional limitations on coastal net-fishing, the Harbor Branch Oceanographic Institution, Inc. (HBOI) is training eligible displaced net fishers to perform shellfish cultivation activities. This program is funded by a contract with the Department of Labor and Employment Security via the Job Training Partnership Act. This includes payment of the $200 application processing fee for the individual and joint lease applicants, and payment of the first annual rental fees.

Department of Environmental Protection (DEP) staff took the lead in identifying a high density lease area that is suitable for commercial shellfish aquaculture activities. This site is recommended for approval by DEP staff since no adverse impacts are anticipated on seagrasses, existing shellfish beds, or other sensitive habitats. Conflicts with other water-related users are anticipated to be minimal. If approved, this site would be subdivided into individual parcels that would be leased by the DEP to the qualified graduates of the training program. The affected local governmental authority is in full support of project.

Section 253.68, F.S., declares that it shall be the policy of the state to foster aquaculture development when the aquaculture activity is consistent with state resource management goals, environmental protection, proprietary interests, and the state aquaculture plan.

Each participant's record was reviewed to determine violations associated with marine resources and public health. Three participants were found to have marine resource violations; one participant was found to have marine resource and public health violations. DEP staff informed the Private Industry Council (PIC) about those violations and expressed concerns about participants with records of violations qualifying for a lease. However, the PIC decided to allow these individuals to participate in the training program. The DEP does not object to the issuance of a lease to three of the participants because they have no violations on their records that involved the product proposed to be handled in conjunction with a shellfish aquaculture lease. However, maintaining all the leases that are issued to any participant in this training program with a recent record of violations will be contingent upon these individuals remaining free of resource violations.

Board of Trustees

Agenda - May 28, 1997 Page Six

Item 6, cont.

The affected participant (John Norris) was convicted of five commercial fishing related violations, for harvesting undersize clams and for improper product protection that involved numerous quality control problems. Since the staff has serious concerns regarding the potential ramifications of leasing to an individual with violations that are directly related to the activity that would be performed under a shellfish aquaculture lease, the staff believes that his lease application should be denied. The recommended action is in conformity with the action by the Board of Trustees on March 22, 1994, whereby two proposed leases were denied because those lease applicants had demonstrated a history of shellfish related marine resource and public health violations. In the event that the Board of Trustees approves this lease application, then the staff believes that the lease should be contingent upon this individual remaining free of resource and public health violations.

DEP's Office of General Counsel has determined that aquaculture lease agreements between individual lessees that have a recent record of marine resource and public health violations shall contain a provision that shall cause the lease to be terminated if the lessee is convicted of another marine resource or public health violation. Likewise, when there are multiple lessees listed in the lease agreement, and one or more of the lessees has a recent record of marine resource and public health violations, the lease agreement shall contain a provision that shall cause the lease to be terminated as to all lessees if any of the lessees is convicted of another marine resource or public health violation.

As in the cases listed above, the leasehold of Mr. Norris and the other joint lessees will be terminated if Mr. Norris is convicted of a marine resource or public health violation. Under these provisions, all lessees listed on the lease agreement are in jeopardy of losing their leasehold when any lessee is convicted of a marine resource of public health violation.

The lease agreement for lessees that do not have a record of recent marine resource or public health violations will contain a provision that conviction of a marine resource of public health violation shall be cause for the lease to be terminated. Likewise, this provision will apply to joint lessees when none of the lessees has a record of recent marine resource or public health violations.

A consideration of the status of any local government comprehensive plans was not made for this item. The DEP has determined that the proposed actions are not subject to the local government planning process.

(See Attachment 6, Pages 1-22)

RECOMMEND APPROVAL TO ISSUE AQUACULTURE LEASES IN A HIGH-DENSITY LEASE AREA TO ELIGIBLE APPLICANTS SUBJECT TO APPLICABLE LAW AND RULE REQUIREMENTS, FINAL ACTION BY THE U. S. ARMY CORPS OF ENGINEERS, AND COMPLIANCE WITH THE SPECIAL LEASE CONDITIONS. DENIAL OF A LEASE TO JOHN NORRIS AS A RESULT OF A DEMONSTRATED HISTORY OF MARINE RESOURCE AND PUBLIC HEALTH VIOLATIONS.

Item 1 Mitigation Banking Projects Status Report

REQUEST: (1) Consideration of the status of the North Dike at East Central Florida Mitigation Bank, the East Point Reservoir Mitigation Bank, and the St. Johns River Mitigation Bank, on sovereign submerged lands; and (2) the exclusion of the North Dike at East Central Florida Mitigation Bank and portions of the St. Johns River Mitigation Bank from the moratorium concerning the use of Board of Trustees' lands for mitigation banking approved by the Board of Trustees (BOT) on February 25, 1997.

APPLICANTS: Ecobank (North Dike at East Central Florida Mitigation Bank)

Deseret Ranches of Florida (East Point Reservoir Mitigation Bank)

A. Duda & Sons (St. Johns River Mitigation Bank)

COUNTIES: Ecobank (North Dike at East Central Florida Mitigation Bank ) Seminole County, Application No. 4-117-0450A-ERP

Deseret Ranches of Florida (East Point Reservoir Mitigation Bank) Brevard County, Application No. 4-009-0557A-ERP

A. Duda & Sons (St. Johns River Mitigation Bank):

Brevard County, Application No. 4-009-0561AC-ERP

LOCATIONS: Ecobank (North Dike at East Central Florida Mitigation Bank)

Sections 21, 27, 28, Township 21 South, Range 33 East

Along the St. Johns River near Puzzle Lake

Aquatic Preserve: No OFW: No

Deseret Ranches of Florida (East Point Reservoir Mitigation Bank)

Sections 2, 11, 12, Township 27 South, Range 35 East

Along the St. Johns River west of Lake Washington

Aquatic Preserve: No OFW: No

A. Duda & Sons (St. Johns River Mitigation Bank)

Sections 25, 26, 27, 33, 34, 35, 36, T 25 South, R 35 East

Sections 30, 31, Township 25 South, Range 36 East

Sections 1, 2, 3, 4, 8, 9, 10, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, Township 26 South, R 35 East

Sections 28, 29, 30, 32, 33, 34, T 26 South, R 36 East

Along the St. Johns River east of Lake Winder

Aquatic Preserve: No OFW: No

STAFF REMARKS: On February 25, 1997, the BOT established a moratorium for the use of sovereign submerged lands for mitigation banking purposes. At that meeting, the BOT was told that there were only two mitigation banking projects pending that involved the use of sovereign submerged lands. However, in addition to those two projects, there were three applications for mitigation bank projects pending at the St. Johns River Water Management District (SJRWMD) that may involve sovereign submerged lands. At a subsequent meeting the BOT excluded the two existing projects that it knew about from the moratorium. This agenda item describes the three mitigation bank applications that were pending with SJRWMD at the time that the BOT established the moratorium and makes recommendations as to whether to exclude these projects from the moratorium.

Project description and status of each of the three pending mitigation bank proposals follows.

Status of the application by Ecobank for the North Dike at East Central Florida Mitigation Bank. On September 23, 1996, the SJRWMD received a permit application to construct and operate a 346-acre mitigation bank which involves the restoration of St. Johns

Board of Trustees

St. Johns River Water Management District

Agenda - May 28, 1997 Page Two

Item 1, cont.

River floodplain marsh from the existing agriculturally-altered land. Figure 1 shows the location of the project site. Dikes were constructed on the site in the early 1970's and the interior was ditched, bedded, and drained with a large pump to facilitate the growth of pasture grasses for cattle. The use of the site as cattle pasture has continued through the present. Figure 2 is an aerial photo of the project site, showing the diked farmlands and the adjacent St. Johns River. The permit application is now complete and is scheduled for action by the SJRWMD Governing Board at their meeting on May 13, 1997. However, in accordance with section 373.427, F.S., this action will not be final until such time as the BOT takes action on the authorization to use state lands.

An Ordinary High Water Line (OHWL) survey has not yet been done for this site, but correspondence from the Department of Environmental Protection's Bureau of Survey & Mapping indicates that the site may include sovereign submerged lands. This correspondence sets forth a safe upland line which indicates that approximately half of the subject project is not sovereign lands, while the other half of the property may involve sovereign lands. Therefore it is likely that the hydrologic restoration due to removal of the dikes involves both sovereign submerged lands and privately owned lands. In this case, there is no feasible way to eliminate the use of the sovereign submerged lands, so the effect of the moratorium would be to delay the project until the moratorium expires.

The restoration of the site would involve removing part or all of the eastern dike to subject the site to the river's hydrologic influence, restoring the topography, and breaching the western dike to allow shunted tributaries (e.g. Turkey Creek) to flow unimpeded across the site. This will result in the site, which is currently pasture, being restored to a floodplain wetland with all of the functions of such a wetland, including water storage, water quality enhancement, and fish and wildlife habitat and food sources. These lands are located within the 10-year floodplain of the St. Johns River, which the SJRWMD has considered a priority for acquisition and restoration. The project abuts upon the Seminole Ranch property owned by SJRWMD and management of these lands could be coordinated with management of the Seminole Ranch lands.

In addition to wildlife habitat benefits associated with the mitigation bank, the project will also provide for public access to the lands within the mitigation bank which will be restored and reconnected to the St. Johns River. The restored lands will include at least 180 acres of private lands that will become available for public uses. Donation of these lands to the BOT will save the taxpayers as much as $270,000 that it would cost to acquire these lands, plus the substantial costs of removing the levees.

Based on the above discussion, staff believes that it would not be in the public interest to include this proposed mitigation bank in the moratorium, because delaying the mitigation bank application may result in the loss of natural resource values, the loss of lands that are to be donated to the state and the delay in restoration of public access to sovereign submerged lands.

Status of the application by Deseret Ranches of Florida for the East Point Reservoir Mitigation Bank. On October 4, 1996, the SJRWMD received a permit application to construct and operate a 300-acre mitigation bank which involves the operation of an agricultural retention and treatment reservoir to improve the quality of agricultural stormwater discharges to Lake Washington and for fish and wildlife habitat. The site is enclosed by a dike system which separates it from the influence of the St. Johns River floodplain. The site has been dewatered by pumping and has been used mostly for cattle pasture. The permit application is presently incomplete pending the applicant's response to the District's information request. Figure 3 shows the location of the project.

Board of Trustees

St. Johns River Water Management District

Agenda - May 28, 1997 Page Three

Item 1, cont.

An OHWL survey has not yet been done for this site, but correspondence from the Department of Environmental Protection's Bureau of Survey & Mapping indicates that most or all of the site may be sovereign submerged lands, based upon long-term lake level information. The applicant contests this finding and continues to meet with the DEP in order to resolve title questions.

The site is not proposed to be fully restored through dike removal, but rather, the site is intended to be used as a multi-purpose reservoir which includes the construction of islands and the maintenance of water levels sufficient to allow marsh communities to be maintained. The project is expected to provide water supply benefits for Deseret Ranches, water quality benefits for the St. Johns River, and wildlife benefits due to the creation of a wetland ecosystem in areas currently used for pasture. However, this project is not a total restoration project, like the Ecobank North Dike project or the Duda diked lands. Also, due to the nature of the project, if there are any sovereign lands within the project area, it is not possible to segregate these lands from the overall project.

Status of the application by A. Duda & Sons for the St. Johns River Mitigation Bank. On December 19, 1996, the SJRWMD received a permit application for a mitigation bank conceptual approval involving 15,322 acres of existing agricultural land. The conceptual plan includes wetland and upland preservation, enhancement, and restoration. These activities range from the preservation of existing resources to the complete restoration of existing diked floodplain areas. The permit application is not yet complete at this time. Figure 4 shows the location of the project and Figure 5 shows the diked lands in the northern portion of the project that are currently used for agricultural purposes.

The applicant has met with staff from the Department of Environmental Protection's Bureau of Survey & Mapping in order to determine whether sovereign submerged lands exist on the site; however, the SJRWMD has not received any information regarding the extent of those lands for the project site. Of the lands within the project area, if part or all of the diked agricultural lands are determined to be sovereign submerged lands, it would not be feasible to eliminate these lands from the bank and still conduct any of these restoration activities. At this time it is not determined whether the project includes sovereign submerged lands.

The applicant initially indicated that the diked lands in the northern portion of the site were to be restored and the dikes either breached or removed. These plans are still not final and the application is still not complete. This diked area is entirely within the 10-year floodplain of the St. Johns River. Acquisition and restoration of lands within the 10-year floodplain of the St. Johns River has been a priority of the SJRWMD in order to restore the natural floodplain functions including flood water storage, water quality enhancement and wildlife habitat. Should the dikes be breached, the project will restore a large portion of the historic St. Johns River floodplain to natural processes. This will result in a significant public benefit at no cost to the state.

The restoration of the diked agricultural lands is expected to result in extremely significant environmental benefits and should restore lands within the 10 year floodplain of the St. Johns River. Therefore, it is not in the public interest to include the diked lands in the moratorium, because delaying the mitigation bank application may result in the loss of natural resource values and the delay in restoration of public access to sovereign submerged lands.

Recommended action for each proposal:

The BOT is statutorily charged with the duty to manage and administer state lands and has discretion to approve or deny applications for any proposed activity on state lands. The laws of

Board of Trustees

St. Johns River Water Management District

Agenda - May 28, 1997 Page Four

Item 1, cont.

Florida provide that third parties have no right to conduct activities on state-owned lands. All of the mitigation bank projects described above will result in the restoration or enhancement of environmental values of state-owned lands.

The following recommendations only address whether the moratorium approved by the BOT on February 25, 1997, should apply to the projects described above. Approval of the staff recommendation should in no way be considered to indicate conceptual or other approval for the specific mitigation banking projects. Specific recommendations on each proposal follow.

Ecobank (North Dike at East Central Florida Mitigation Bank - North)

Staff recommends that this project be excluded from the moratorium.

Deseret Ranches of Florida (East Point Reservoir Mitigation Bank)

Staff recommends that this project not be excluded from the moratorium.

A. Duda & Sons (St. Johns River Mitigation Bank)

Staff recommends that only the diked lands in the northern portion of this project site be excluded from the moratorium.

The Department of Environmental Protection concurs with the recommendation of the St. Johns River Water Management District.

(See Attachment 1, Pages 1-3)

RECOMMEND APPROVAL