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Cabinet
Affairs |
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OCTOBER 21, 1997
Item 1 Minutes
Submittal of the minutes of the September 9, 1997 Cabinet meeting.
RECOMMEND ACCEPTANCE
Item 2 Quarterly Management Report
DEFERRED FROM THE OCTOBER 9, 1997 AGENDA
Submittal of the Quarterly Management Report for the fourth quarter,
SFY 1996-97.
(See Attachment 2, Pages 1-12)
RECOMMEND ACCEPTANCE
Item 3 Acceptance of Northwest Florida Water
Management District Land Acquisition Procedures
DEFERRED FROM THE OCTOBER 9, 1997 AGENDA
REQUEST: Consideration of a recommendation to accept the
land acquisition procedures of the Northwest Florida Water Management
District with 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. (1994).
STAFF REMARKS: During the 1994 legislative session, several
significant changes to the State's land acquisition procedures
were adopted and have been incorporated into section 259.041,
F.S. (1994) to facilitate the timely acquisition of conservation
and recreation lands. Among those changes were several that will
result in the state being able to work more closely with the various
water management districts to jointly acquire property. Specifically,
section 259.041(16), F.S., provides that the Board of Trustees
may agree to accept an undivided interest in property acquired
by a water management district without the need of determining
whether that title meets all of the Board of Trustees' requirements
so long as it was acquired under the water management district's
procedures. In addition, section 259.041(1), F.S., allows the
Board of Trustees to substitute for its own procedures other reasonably
prudent procedures so long as it believes the public's interest
is being reasonably protected.
In order to implement these provisions the Department of Environmental Protection (DEP) has developed a three-step process. First, DEP staff meets with staff of the water management district to review its acquisition procedures. Once DEP staff is satisfied that those procedures are adequate, it recommends that the Board of Trustees agree to allow them to be used in lieu of its own procedures pursuant to project specific agreements. Second, DEP staff and water management district staff negotiate project specific agreements under which the water management district acquires land using the agreed upon procedure. These agreements are also submitted to the Board of Trustees for approval. Once the agreement has been approved by the Board of Trustees, the water management district will attempt to acquire land within the respective project using the approved procedures. Third, once the water management district has contracted to purchase parcels under the Board of Trustees approved agreements, DEP staff will submit each purchase agreement to the Board of Trustees for consideration. At Board of Trustees
Agenda - October 21, 1997 Page Two
Item 3, cont.
closing, title to the land will vest jointly in the Board of Trustees
and the water management district. Pursuant to the agreement,
the Board of Trustees will reimburse the water management district
for its share of the purchase price and acquisition costs.
Since September 13, 1994, the Board of Trustees has approved the
procedures of the St. Johns River, Southwest Florida and South
Florida Water Management Districts pursuant to this process.
Since that time, many project specific agreements have been approved
by the Board of Trustees under which these water management districts
have acquired property on behalf of the Board of Trustees. This
alternate process has proven to be successful in streamlining
the acquisition process on joint acquisitions with water management
districts.
DEP staff is now prepared to recommend that the Board of Trustees
also approve the procedures of the Northwest Florida Water Management
District (District). DEP staff has met with District staff to
review its operations and discuss land acquisition policy, procedures
and philosophy. DEP staff has also completed a review of the
District's written rules, policies, procedures and the audit performed
by the Office of the Auditor General, dated April 11, 1996. The
DEP recommends that those procedures, with a few modifications,
be considered reasonably prudent and 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 will be a requirement
for an appraisal review by a state certified appraiser and the
adoption of State Land Acquisition Procedures (section 18-1, F.A.C.)
pertaining to the resolution of divergent appraisals. Staff believes
that these appraisal procedure modifications adequately address
the concerns of the Auditor General and are consistent with sound
real estate practices. In addition, DEP staff will contract for
all survey work to be conducted in association with subsequent
joint acquisition agreements between the District and the Board
of Trustees. The appraisal and survey modifications shall be
included in all agreements entered into between the Board of Trustees
and the District.
If the Board of Trustees concurs with this recommendation, DEP
staff will negotiate project specific agreements with the District
and present them to the Board of Trustees for consideration.
A consideration of the status of the local government comprehensive
plan 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 4, Pages 1-44 submitted with the October 9, 1997 agenda)
(See Attachment 3, Page 45)
RECOMMEND APPROVAL
Item 4 Annual Land Management Review Findings/Checklist
for Conducting Reviews
REQUEST:
Consideration of annual land management review findings and checklist
for conducting reviews.
COUNTY:
Statewide
Board of Trustees
Agenda - October 21, 1997 Page Three
Item 4, cont.
STAFF REMARKS:
Legislation passed during the 1997 session (Ch. 97-164,
Laws of Florida) requires the Board of Trustees, acting through
the Department of Envrionmental Protection (DEP), to conduct management
reviews of selected conservation, preservation and recreation
lands titled to the Board of Trustees to determine whether those
lands are being managed for the purposes for which they were acquired
and in accordance with their adopted management plans. The legislation
requires the DEP to submit a report of its findings to the Board
of Trustees no later than the second board meeting in October
of each year. Although no reviews were conducted during the last
fiscal year, the DEP is submitting this report to explain the
program to the Board of Trustees; to list the properties selected
for review during the next year; and to depict the process and
form of the review process.
Staff has selected properties from a database, and review team
members have been selected in accordance with the requirements
of the legislation. A review checklist to determine if the parcel
is being managed for the purpose for which it was acquired and
in accordance with its land management plan has been provided
to and reviewed by each participating state agency and to the
soil and water conservation districts. In order to expedite the
review process, management review team staff, along with environmental
advisors and site managers, are inspecting the selected properties
prior to the formal review to provide information necessary for
meeting required objectives.
The DEP land management review team staff has met with representatives
of the Water Management Districts and will coordinate reviews
where Water Management District lands are adjacent to Board of
Trustees lands and when the Board of Trustees has joint ownership
of parcels with the Water Management Districts. Four management
reviews have been conducted, two each in September and October.
Reports of the management review teams are being provided to
the managing agencies and to the Land Acquisition and Management
Advisory Council, as they are completed.
(See Attachment 4, Pages 1-11)
RECOMMEND ACCEPTANCE
Item 5
Department of Children and Family Services/Olympia Spa and Gulf
Resort, Inc., Sublease Agreement
REQUEST: Consideration of a request to approve a sublease
agreement between the Department of Children and Family Services
and Olympia Spa and Gulf Resort, Inc.
COUNTIES: Gadsden County, Florida, and
Decatur County, Georgia
Lease No. 3381
APPLICANT: Department of Children and Family Services
(DCF) and Olympia Spa and Gulf Resort, Inc. (Olympia)
LOCATION: Section 33, Township 04 North, Range 06 West,
Gadsden County, Florida, and Lot No. 418 in the 21st. District
of Decatur County, Georgia.
CONSIDERATION: A variable percentage of gross monthly
revenues to be paid to the Florida State Hospital Welfare Trust
Fund.
Board of Trustees
Agenda - October 21, 1997 Page Four
Item 5, cont.
STAFF REMARKS: DCF currently leases 542 acres in Decatur
County, Georgia, and Gadsden County, Florida, for the Florida
State Hospital. The lands are part of a larger tract purchased
by the Board of Commissioners of State Institutions between 1921
and 1928 that has been used for state hospital purposes, watershed
protection, and timbering in connection with an offender rehabilitation
program at the Apalachee Correctional Institution. Title vested
in the Board of Trustees pursuant to chapters 67-269 and 67-2236,
both Acts of 1967, Laws of Florida. At present, 1,562 acres in
Georgia and 4,767 acres in Florida, are managed by the Department
of Corrections and PRIDE in conjunction with the Apalachee Correctional
Institution, while DCF manages 88.95 acres in Georgia and 453.05
acres in Florida for the Florida State Hospital.
DCF is proposing to sublease 103.76 acres to Olympia for the continued
operation and maintenance of the Seminole Valley Golf Course.
The term of the sublease will be for a period of ten years with
two five-year renewal options. Historically, there has been a
golf course on the grounds of Florida State Hospital since the
late 1940s. The first golf course was built with the assistance
of a group of doctors at the hospital and was used by hospital
staff and by surrounding communities. In the late 1970s, a legislative
mandate resulted in the closing of a forensic facility at South
Florida State Hospital in Pembroke Pines. Plans for a new facility
in that area met with opposition and DCF's predecessor, Department
of Health and Rehabilitative Services, was forced to relocate
the facility to Florida State Hospital on the grounds of the original
golf course. To compensate for the loss of the course, the Legislature
elected to appropriate funds to rebuild the golf course elsewhere
on the hospital grounds.
The golf course was re-located to a site which covers 88.95 acres
in Decatur County, Georgia, and 14.81 acres in Gadsden County,
Florida. Construction began in 1983 and the course opened for
play on November 13, 1986. Florida State Hospital operated the
course from the time of opening until September 14, 1993, when
the course was subleased to The Cowles Company of Albany, Georgia.
Mr. Cowles suffered tremendous losses (his home and another golf
course in Albany) from flooding that occurred in 1994. He subsequently
gave notice of cancellation of the sublease. The sublease was
then offered to the Master's Corporation which operated the course
until November 1996.
The property has been sitting idle since 1996. DCF submitted a
Request for Proposal, RFP No. 98-001, and published notice in
the Florida Administrative Weekly. Olympia was selected to manage
the course. In consideration for the sublease, Olympia will pay
a percentage of its gross monthly revenues to the Florida State
Hospital Welfare Trust Fund in accordance with the table depicted
on page two of the sublease agreement.
A consideration of the status of the local government comprehensive
plan was not made for this item. The request is for continued
use of a golf course that has been in existence since 1983.
(See Attachment 5, Pages 1-51)
RECOMMEND APPROVAL
Board of Trustees
Agenda - October 21, 1997 Page Five
Item 6 South Florida Water Management District/Atlantic
Ridge Ecosystem CARL Project Acquisition Agreement
REQUEST: Authority to enter into an acquisition agreement
with South Florida Water Management District for the Atlantic
Ridge Ecosystem CARL project.
COUNTY: Martin
LOCATION: Sections 34 and 35, Township 38 South, Range
41 East; Sections 02, 03, 04, 09 through 16, 21, 22 and 24, Township
39 South, Range 41 East; Section 37, Gomez Grant West of Intercoastal
Waterway, Township 39 South, Range 41 East; and Sections 18 through
20, 29 and 30, Township 39 South, Range 42 East.
STAFF REMARKS: The Atlantic Ridge Ecosystem CARL project
is ranked number 2 on the Bargain/Shared CARL List approved by
the Board of Trustees on February 11, 1997, and is funded under
the Division of State Lands' Land Acquisition Workplan. The proposed
agreement covers 12,514 acres, more or less, of the Atlantic Ridge
Ecosystem CARL project owned by multiple owners.
To facilitate the acquisition of this project, the South Florida
Water Management District (District) has offered to take the lead
in the acquisition of this joint project. Department of Environmental
Protection (DEP) staff has prepared an agreement that would allow
the District to acquire the Atlantic Ridge Ecosystem CARL project
in accordance with section 259.041(16), F.S., utilizing the procedures
set out in section 373.139, F.S. On June 15, 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.
On June 12, 1997, the Governing Board of the District approved
the agreement and execution of the agreement is pending. If approved
today, DEP staff will execute the agreement on behalf of the Board
of Trustees after the District executes the agreement.
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 requesting reimbursement of the Board
of Trustees' share of the purchase price. DEP staff will seek
approval 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 and certain closing costs
being reimbursed even if the District is unsuccessful in acquiring
any property. The agreement authorizes DEP staff to reimburse
these costs from CARL incidental expense funds previously released
by the Board of Trustees. If the Board of Trustees approves a
specific purchase, 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.
Board of Trustees
Agenda - October 21, 1997 Page Six
Item 6, cont.
The Atlantic Ridge Ecosystem CARL project will be managed by the
Division of Recreation and Parks as a unit 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 6, Pages 1-18)
RECOMMEND APPROVAL
Item 7 Southwest Florida Water Management District/Cape
Haze/Charlotte Harbor CARL Project Acquisition Agreement
REQUEST: Authority to enter into an acquisition agreement
with Southwest Florida Water Management District for the Cape
Haze/Charlotte Harbor CARL project.
COUNTY: Charlotte
LOCATION: Sections 23 through 27 and 33 through 36, Townshsip
41 South, Range 20 East; Sections 01 through 03, 10 and 12, Township
42 South, Range 20 East; Sections 30 through 35, Township 41 South,
Range 21 East; and Sections 02 through 04, 06 and 09 through 11,
Township 42 South, Range 21 East
STAFF REMARKS: The Cape Haze/Charlotte Harbor CARL project
is ranked number 4 on the Bargain/Shared CARL List approved by
the Board of Trustees on February 11, 1997, and is funded under
the Division of State Lands' Land Acquisition Workplan. The proposed
agreement covers 6,800 acres, more or less, owned by Rontonda
Properties.
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. Department of Environmental
Protection (DEP) staff has prepared an agreement that would allow
the District to acquire the Cape Haze/Charlotte Harbor CARL project
in accordance with section 259.041(16), F.S., utilizing the procedures
set out in section 373.139, F.S.. 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.
If the Board of Trustees approves this item, the District staff
will present the agreement to the Governing Board of the District
for execution at its next Governing Board meeting. Upon receipt
of the executed agreement from the District, DEP 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.
Board of Trustees
Agenda - October 21, 1997 Page Seven
Item 7, cont.
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 DEP's
Division of State Lands with a board resolution requesting reimbursement
of the Board of Trustees' share of the purchase price. DEP staff
will seek approval 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 and certain closing
costs being reimbursed even if the District is unsuccessful in
acquiring any property. The agreement authorizes DEP staff to
reimburse these costs from CARL incidental expense funds previously
released by the Board of Trustees. If the Board of Trustees approves
a specific purchase, 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.
Parcels purchased under this agreement within the Cape Haze/Charlotte
Harbor CARL project will be managed by the DEP's, Division of
Marine Resources as a 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 7, Pages 1-9)
RECOMMEND APPROVAL
Item 8 Bell South Telecommunications, Inc./Fort
Mose Addition/Division of Recreation and Parks' Additions and
Inholdings Project Option Agreement
REQUEST: Consideration of an option agreement to acquire
6.36 acres within the Fort Mose Addition, Division of Recreation
and Parks' Additions and Inholdings project from Bell South Telecommunications,
Inc.
COUNTY: St. Johns
LOCATION: J. Baya Grant, Sections 56 and 60, Township
07 South, Range 30 East
CONSIDERATION: $54,200
APPRAISED BY
REVIEW Emerson APPROVED PURCHASE OPTION
NO. PARCEL ACRES (09/18/96) VALUE PRICE DATE
717001 BellSouth 6.36 $54,200 $ 54,200 $ 54,200 120 days
after BOT
approval
STAFF REMARKS: The Fort Mose 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 on behalf of the Division of Recreation and Parks
under the State Parks' Additions and Inholdings Preservation 2000
program.
The seller will retain a 0.32-acre parcel in the extreme northwest corner of the property which is currently improved with a radio tower communication facility. If the seller ever ceases to use the 0.32-acre parcel as a radio tower communication facility, it will donate the parcel to
Board of Trustees
Agenda - October 21, 1997 Page Eight
Item 8, cont.
the state. Prior to closing, seller will record an Intent to
Donate in the Public Records of St. Johns County. The seller
is retaining a non-exclusive easement for ingress and egress and
utility purposes for the operation and maintenance of the tower
site.
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 will be provided by the purchaser and an environmental
site assessment will be provided by the seller prior to closing.
Purchaser will reimburse the seller's cost of the environmental
site assessment, not to exceed $3,500, and the seller's title
insurance costs.
The property will be managed by the Division of Recreation and
Parks as a part of the Fort Mose State Historic Site.
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 1-40)
RECOMMEND APPROVAL
Item 9 Wayne and Margie Mixson/Carolyn D. Huff/Florida
First Magnitude Springs (Blue Springs) CARL Project Option Agreements
REQUEST:
Consideration of two option agreements to acquire 25.78 acres
within the Florida First Magnitude Springs (Blue Springs) CARL
project from Wayne and Margie Mixson and Carolyn D. Huff.
COUNTY:
Jackson
LOCATION:
Section 06, Township 04 North, Range 09 West
CONSIDERATION:
$312,000
APPRAISED BY
REVIEW Brown APPROVED PURCHASE OPTION
NO. PARCEL ACRES (06/11/96) VALUE PRICE DATE
717002 Mixson 13.80 $160,000 $160,000 $156,000 120 days
717003 Huff 11.98 $160,000 $160,000 $156,000 after BOT
25.78 $320,000 $312,000
approval
STAFF REMARKS:
The Florida First Magnitude Springs (Blue Springs) CARL project
is ranked number 13 on the CARL Priority Project List approved
by the Board of Trustees on February 11, 1997, and is eligible
for negotiation under the Division of State Lands' Land Acquisition
Workplan. The project contains 348 acres, of which 231 acres
have been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement, 91.22 acres or
26 percent of the project will remain to be acquired.
These properties are subject to outstanding oil, gas and mineral interests in favor of Jno M. Biggerstaff. These outstanding interests affect the entire property. The sellers will attempt to
Board of Trustees
Agenda - October 21, 1997 Page Nine
Item 9, cont.
acquire the outstanding interests prior
to closing. In the event the sellers are unable to acquire the
outstanding interests, staff recommends acquiring the properties
subject to the outstanding interests. The Bureau of Geology determined
that the potential for oil, gas and mineral production at these
sites is considered low and it does not appear as though these
parcels contain any major economic reserves, except for limestone.
The Bureau of Appraisal has indicated that the outstanding interests
do not affect the market value of the properties. Jackson County
has determined that the properties can be effectively managed
subject to the outstanding oil, gas and mineral interests.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitments for
title insurance, 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.
The certified surveys, environmental
site evaluations and, if necessary, environmental site
assessments will be provided by the
purchaser prior to closing.
Large springs of clear, continuously flowing water are among Florida's
most famous and important natural and recreational resources.
The cavernous water-filled rocks of the Floridian Aquifer supply
the largest spring. By preserving land around eight of the largest
(first-magnitude) springs, this project will protect them--and
the Floridian Aquifer--from the effects of commercial, residential,
and agricultural runoff; clearcuttting and mining; and unsupervised
recreation. This project will ensure that Floridians and visitors
from all over the world will be able to enjoy these springs for
years to come.
These properties will be managed by
Jackson County as a recreational facility.
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 9, Pages 1-37)
RECOMMEND
APPROVAL
Item 10
Gerald Fleisher/Rookery Bay CARL Project Option Agreement
REQUEST:
Consideration of an option agreement to acquire 18.7 acres within
the Rookery Bay CARL project from Gerald Fleisher.
COUNTY:
Collier
LOCATION:
Section 10, Township 51 South, Range 26 East
CONSIDERATION:
$1,050,000
APPRAISED BY
REVIEW Dane Bowen APPROVED PURCHASE OPTION
NO. PARCEL ACRES (03/07/97) (03/28/97) VALUE PRICE DATE
717004 (14F) Fleisher 18.7 $1,122,000 $1,040,000 $1,122,000 $1,050,000 180 days
after BOT
approval
Board of Trustees
Agenda - October 21, 1997 Page Ten
Item 10, cont.
STAFF REMARKS:
The Rookery Bay CARL project is ranked number 16 on the CARL
Priority Project List approved by the Board of Trustees on February
11, 1997, and is eligible for negotiation under the Division of
State Lands' Land Acquisition Workplan. The project contains
13,482 acres, of which 11,152.35 acres have been acquired or are
under agreement to be acquired. After the Board of Trustees approves
this agreement, 2,310.95 acres or 17 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, 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, title insurance,
an environmental site evaluation and, if necessary, an environmental
site assessment will be provided by the purchaser prior to closing.
Rookery Bay is an outstanding subtropical
estuary in the fastest growing part of Florida. Its mangroves
shelter important nesting colonies of water birds, and feed and
protect many aquatic animals. These animals, in turn, are the
foundation of commercial and recreational fisheries. The Rookery
Bay CARL project will protect the bay's water quality and its
native plants and animals and will provide recreational opportunities
to the people of southwest Florida. As an addition to the Rookery
Bay National Estuarine Research Reserve, the project will also
further coastal ecosystem research and environmental education.
The property will be managed by the
Division of Marine Resources as part of the Rookery Bay National
Estuarine Research Reserve.
This acquisition is consistent with
section 187.201 (10), F.S., the Natural Systems and Recreational
Lands section of the State Comprehensive Plan.
(See Attachment 10, Pages 1-34)
RECOMMEND
APPROVAL
Item 11
Jean Jernigan/Shell Island Division of Recreation and Parks'
Additions and Inholdings Project Option Agreement/Survey Waiver
REQUEST:
Consideration of (1) an option agreement to acquire 0.32 acre
within the Shell Island Division of Recreation and Parks' Additions
and Inholdings project from Jean Jernigan; and (2) a request for
survey waiver.
COUNTY:
Bay
LOCATION:
Section 31, Township 04 South, Range 14 West
CONSIDERATION:
$16,000
APPRAISED BY
REVIEW Presley APPROVED PURCHASE OPTION
NO. PARCEL ACRES (05/31/96) VALUE PRICE DATE
717005 Jernigan (FFF) 0.32 $17,000 $17,000 $16,000 180 days
after BOT
approval
Board of Trustees
Agenda - October 21, 1997 Page Eleven
Item 11, cont.
STAFF REMARKS:
The Shell Island 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 on behalf
of the Division of Recreation and Parks under the State Parks
Additions and Inholdings Preservation 2000 program.
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 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 parcel to be acquired meets all of the following conditions:
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. In the event a full survey is waived,
a professional land surveyor will inspect the property for any
visible evidence of improvements or potential boundary issues.
In cooperation with the managing agency, the Division of State
Lands will acquire any special purpose survey work necessary for
the effective management of this property.
An environmental site evaluation
and, if necessary, an environmental site assessment
will be provided by purchaser prior to closing. The purchaser
shall provide title insurance and the seller shall reimburse the
purchaser's title insurance costs.
This property will be managed by the
Division of Recreation and Parks as an addition to the St. Andrews
State Recreational Area.
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 1-21)
RECOMMEND
APPROVAL
Item 12
Lewis J. Dorsch/Longleaf Pine Ecosystem (Ross Prairie Sandhills)
CARL Project Option Agreement
REQUEST:
Consideration of an option agreement to acquire 5.1 acres within
the Longleaf Pine Ecosystem (Ross Prairie Sandhills) CARL project
from Lewis J. Dorsch.
Board of Trustees
Agenda - October 21, 1997 Page Twelve
Item 12, cont.
COUNTY:
Marion
LOCATION:
Section 13, Township 17 South, Range 20 East
CONSIDERATION:
$7,650
APPRAISED BY
REVIEW Schlemmer APPROVED PURCHASE OPTION
NO. PARCEL ACRES (10/23/95) VALUE PRICE DATE
717006 Dorsch 5.1 $7,650 $7,650 $7,650 180 days
after BOT
approval
STAFF REMARKS:
The Longleaf Pine Ecosystem CARL project is ranked number 11
on the CARL Priority Project List approved by the Board of Trustees
on February 11, 1997, and is eligible for negotiation under the
Division of State Lands' Land Acquisition Workplan. The project
contains 21,167 acres, of which 10,629 acres have been acquired
or are under agreement to be acquired. After the Board of Trustees
approves this agreement, 10,532.9 acres or 50 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, 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, environmental site
evaluation and, if necessary, an environmental site assessment
will be provided by the purchaser prior to closing. Purchaser
will provide title insurance.
Though they once covered much of north and central Florida, old-growth
longleaf pine sandhills are now only distant memories, replaced
by pine plantations, pastures, and housing developments. Nevertheless,
fragments of good sandhills still remain. The Longleaf Pine Ecosystem
project will conserve four of the largest and best of these fragments,
in so doing helping to ensure the survival of several rare animals
like the red-cockaded woodpecker as well as some plants, and giving
the public an opportunity to see and enjoy the original, and increasingly
rare, natural landscape of Florida's uplands.
The property will be managed as a state
forest by the Department of Agriculture and Consumer Services,
Division of Forestry.
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 12, Pages 1-14)
RECOMMEND APPROVAL Board of Trustees
Agenda - October 21, 1997 Page Thirteen
Item 13
Emilio Lopez/Inaki Saizarbitoria and Frank Englert, III/Archie
Carr Sea Turtle Refuge CARL Project Option Agreement
REQUEST:
Consideration of an option agreement to acquire 1.03 acres within
the Archie Carr Sea Turtle Refuge CARL project from Emilio Lopez,
Inaki Saizarbitoria and Frank Englert, III.
COUNTY:
Brevard
LOCATION:
Section 07, Township 30 South, Range 39 East
CONSIDERATION:
$210,000
APPRAISED BY
REVIEW Benson APPROVED PURCHASE OPTION
NO. PARCEL ACRES (07/19/96) VALUE PRICE DATE
717007 Lopez,et al 1.03 $230,000 $230,000 $210,000 180 days
after BOT
approval
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 11, 1997, and is eligible for negotiation under the
Division of State Lands' Land Acquisition Workplan. The project
contains 1,018 acres, of which 487.97 acres have been acquired
or are under agreement to be acquired. After the Board of Trustees
approves this agreement, 529.18 acres or 52 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, 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, environmental site
evaluation and, if necessary, an environmental site assessment
will be provided by the purchaser prior to closing. The purchaser
will reimburse the seller's title insurance costs.
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 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. For thousands
of years, these 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 U.
S. Fish and Wildlife Services as part of the Archie Carr National
Wildlife 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 13, Pages 1-27)
RECOMMEND APPROVAL Board of Trustees
Agenda - October 21, 1997 Page Fourteen
Item 14
Florida Game and Fresh Water Fish Commission/Chassahowitzka Wildlife
Management Area Option Agreement
REQUEST: Consideration of five option agreements to acquire
a total of 16.73 acres within the Chassahowitzka Wildlife Management
Area by the Florida Game and Fresh Water Fish Commission under
the Preservation 2000 program from five separate owners.
COUNTY: Hernando
APPLICANT: Florida Game and Fresh Water Fish Commission
LOCATION: Sections 01, 13 and 25, Township 21 South, Range
17 East; and Section 27, Township 22 South, Range 17 East
CONSIDERATION: $134,980
APPRAISED BY
REVIEW SELLER/ PORTER APPROVED PURCHASE OPTION
NO. PARCEL ACRES (10/03/96) VALUE PRICE DATE
717008 Roumanis/7 1.48 $62,500 $ 62,500 $ 60,000 (1)
717009 Scofield/8 5.00 8,000 8,000 7,600 (1)
717010 Royal Palm Beach
Colony/15 9.10 22,800 22,800 19,380 (2)
717011 Holland/17 0.69 36,000 36,000 27,000 (1)
717012 Burich/19 0.46 25,000 25,000 21,000 (1)
16.73 $154,300 $134,980
(1) 200 days after BOT approval
(2) 90 days after
BOT approval
STAFF REMARKS: These acquisitions were negotiated by the
Florida Game and Fresh Water Fish Commission (GFC) under the P2000
program. These parcels are within the Chassahowitzka Wildlife
Management Area which is ranked number 14 on the current GFC Acquisition
List.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitments for title insurance, to be obtained
for each parcel prior to closing, reveal any other encumbrances
which may affect the value of the parcels or the proposed management
of the parcels, staff will so advise the Board of Trustees prior
to closing.
Certified surveys and environmental site assessments for each
parcel will be provided by the GFC prior to closing.
The acquisition of these parcels removes more private inholdings
which enhances the management of the Chassahowitzka Wildlife Management
Area, as well as provides additional access off of U. S. Highway
19.
These parcels will be managed by the GFC as an addition to the
Chassahowitzka Wildlife Management Area.
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 1-83)
RECOMMEND APPROVAL
Board of Trustees
Agenda - October 21, 1997 Page Fifteen
Item 15 Metro Machine Corporation Status
REQUEST: Consideration of the status of Metro Machine Corporation's
conceptual approval granted by the Board of Trustees on September
10, 1996 of a sovereignty submerged lands lease for a proposed
commercial dry dock facility to service U. S. Navy ships and to
recommend rescinding the conceptual approval.
COUNTY: Nassau
APPLICANT: Metro Machine Corporation
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 Waters
STAFF REMARKS: Due to a request from the Board of Trustees,
the Department of Environmental Protection (DEP) is presenting
this item to the Board of Trustees for reevaluation of the conceptual
approval of the sovereignty submerged lands lease.
On May 31, 1996 the applicant submitted an application for a sovereignty
submerged lands lease and environmental resource permit in anticipation
of a U.S. Navy Request for Proposals (RFP) to service Mayport
based navy ships. Due to the proposed facility's location in
the Fort Clinch State Park Aquatic Preserve the applicant sought
conceptual approval of the sovereignty submerged lands lease from
the Board of Trustees. The applicant's representative stated
that conceptual approval was necessary to bid on the RFP. Following
conceptual approval of the sovereignty submerged lands lease by
the Board of Trustees on September 10, 1996, the applicant began
the process to meet the requirements of the Navy's RFP. On July
24, 1997 the U. S. Navy withdrew its RFP. At this time it is
not known whether the U. S. Navy will reissue the RFP. The applicant
has stated that its sole business is servicing Navy ships. Without
the Navy's RFP the conceptual approval is of no practical significance.
The proposed facility is to service U. S. Navy ships home-ported
at Mayport Naval Station. The proposed facility will provide
services such as hull cleaning and painting. After receiving
conceptual approval from the Board of Trustees, the applicant
requested that the DEP process its application for a lease and
an individual environmental resource permit. During the process
the project has been modified to reduce the dredging quantities.
As of October 7, 1997 the applicant had not supplied all of the
information requested by DEP. The information not supplied consists
of detailed mitigation plans for the creation of an oyster bed
and salt marsh, groundwater analysis, and the design of the stormwater
treatment system. Upon receipt of a satisfactory response for
all of the requested information, the application will be deemed
complete and DEP will have 90 days to formulate its intended agency
action for the environmental resource portion of the project.
As part of the intended agency action, DEP is required to prepare
and present an item for a sovereignty submerged lands lease for
consideration by the Board of Trustees. Unless the applicant
voluntarily withdraws its application, this project will be presented
again to the Board of Trustees for a final decision on the sovereignty
submerged lands portion of the project. In addition to the information
still pending, the applicant's proposal to meet the "clearly
in the public interest" criteria is less than originally
proposed.
The applicant also applied to the DEP Air Section for an air pollution source construction permit for the proposed facility. The applicant supplied all of the necessary information and has demonstrated that the facility will comply with all pertinent rules and regulations governing an air pollution source. The DEP Air Section sent an Intent to Issue the air permit to the Board of Trustees
Agenda - October 21, 1997 Page Sixteen
Item 15, cont.
applicant on September 26, 1997. The applicant states in the air application that the Navy's RFP includes painting of the ship's superstructure (topside work). It is further stated in this application that all coating work required by the RFP will be connected to the CAPEŽ system.
The DEP recommended conceptual approval based upon the needs of
the U.S. Navy. The conceptual approval provided the applicant
an opportunity to pursue the necessary permits to meet the needs
of the Navy. By withdrawing the RFP, the basis for conceptual
approval by the Board of Trustees has been eliminated.
(See Attachment 15, Pages 1-6)
RECOMMEND RESCIND CONCEPTUAL APPROVAL
Item 16 Yachting Promotions, Inc., Special Event
Lease
REQUEST: Consideration of a request for a one-month prorated
lease for five consecutive years, containing approximately 479,967
square feet for a commercial temporary docking facility associated
with an international boat show.
COUNTY: Broward
Lease No. 060027905
Application No. 06-0127045-001
APPLICANT: Yachting Promotions, Inc.
LOCATION: Section 12, Township 50 South, Range 42 East, in New River Sound, Class III Waters, within the local jurisdiction of the city of Fort Lauderdale.
Aquatic Preserve: No
Outstanding Florida Waters: No
CONSIDERATION FOR STAFF'S RECOMMENDATION: Approximately
$105,111, representing a negotiated, one-time event fee computed
at 20 percent of the applicant's total estimated gross revenues
over sovereignty submerged land, and including the initial 25
percent surcharge payment. This fee shall be revised upon receipt
of an acceptable survey and/or sketch describing the square footage
of the proposed lease area. Sales tax will be assessed pursuant
to section 212.031, F.S., if applicable.
STAFF REMARKS: The Board of Trustees authorized a rule
amendment on September 14, 1995, to "link" the two processes
of regulatory and proprietary reviews and authorizations. The
rule became effective October 12, 1995. As a result of this linkage,
the recommended Department of Environmental Protection (DEP) regulatory
permit decision and the recommendation to the Board of Trustees
on the proprietary authorization are contained in one document,
the "Consolidated Notice of Intent to Issue", which
is attached. The attached consolidated intent contains a recommendation
for issuance of a permit under Part IV of chapter 373, F.S., and
a recommendation for granting authorization to use sovereignty
submerged lands under chapter 253, F.S., for the activity described
therein. This recommendation is provided to the Board of Trustees
pursuant to section 373.427(2), F.S. A description of the requested
activity is provided in Section I, "Description of the Proposed
Activity." The specific basis for recommending approval
of the authorization to use sovereignty submerged lands is contained
in Section III "Background/Basis for Issuance."
Board of Trustees
Agenda - October 21, 1997 Page Seventeen
Item 16, cont.
Approval of the Board of Trustees is requested only for those
aspects of the activity which require authorization to use sovereignty
submerged lands. If the Board of Trustees approves the request
to use sovereignty submerged lands and the activity also qualifies
for an environmental resource permit and no challenges are successful,
the Consolidated Notice of Intent will be issued and will contain
general and specific conditions. In the event the Board of Trustees
denies the use of sovereignty submerged lands, whether or not
the activity otherwise qualifies for an environmental resource
permit, the DEP will issue a "Consolidated Notice of Denial"
for both the environmental resource permit and the authorization
to use sovereignty submerged lands.
The applicant is proposing to construct a commercial temporary
docking facility within three contiguous locations in the vicinity
of the city of Fort Lauderdale's yachting center north of Port
Everglades to be used in conjunction with the Fort Lauderdale
International Boat Show as a centralized sales center for public
display of vessels by various brokers and dealers. There was
a previous regulatory permit for similar boat shows issued on
April 6, 1992, which expired on April 6, 1997. It appeared, at
that time, as if all proposed activities were contained within
the boundaries of TIITF deed 18397-A; however, this boat show
over time has expanded outside of the deeded area. The applicant
has requested at the maximum a 30-day lease in order to construct
the facilities during the first week of the proposed lease term,
run the display/sales operation for five days and remove all structures
the following week. The applicant has requested a one-month prorated
lease for a five-year consecutive term consistent with past Board
of Trustees' approval on January 26, 1993 of a similar event.
That request was predicated on (1) preexisting agreements with
the city of Fort Lauderdale and the U. S. Army Corps of Engineers
(COE), that a five-year permit and authorization would be received
from the DEP; and (2) the desire to minimize inconvenience to
normal users of the waterbody.
Because this authorization is requested by a non-riparian upland
property owner and is for a temporary activity, the DEP staff
believe that the appropriate form of authorization is not a standard
five-year sovereignty submerged lands lease but rather a 30-day
special event lease that the Board of Trustees may authorize pursuant
to section 18-21.005(1), F.A.C. The vessel owners, brokers or
dealers will pay the applicant a rental fee for mooring space
within the proposed lease area. There will be a total of approximately
901 boats participating in the event. This has been addressed
as a special lease condition. Approximately 117 of these vessels
are to be moored over sovereignty submerged lands and range in
size to greater than 126 feet in length; the remainder are to
be moored over city or other deeded submerged lands. Demonstration
of vessel operations will not be allowed since the vessels will
be secured to the docks for the term of the sales display. This
has been addressed as a specific condition of the regulatory permit.
The waterward extension of the proposed structures will extend
approximately 58 percent of the width of the waterbody
with the fartherest structure extending 62.5 feet from the centerline
of the primary navigation channel. However, since the proposed
project is temporary, the COE will issue a permit for the temporary
docking facilities once the U. S. Coast Guard permits the temporary
relocation of the Atlantic Intracoastal Waterway channel during
the boat show. The applicant has also represented that the Florida
Marine Patrol will be present to enforce a no-wake area and assist
in all aspects of marine authority.
Staff is of the opinion that the proposed project will have minimal impacts in light of the applicant's agreement to: (1) remove all debris, detritus and oil residue from the waterbody before, during and after the boat show; (2) conduct water quality monitoring prior to, during and after the show; (3) prohibit any liveaboards on or any overboard discharge of sewage from those vessels using the facility; and (4) educate the general public on environmental issues such
Board of Trustees
Agenda - October 21, 1997 Page Eighteen
Item 16, cont.
as the importance of seagrasses, the use of marked channels to
avoid impacts to shallow submerged land resources and promote
safe boating. In addition, the applicant and the Marine Industries
Association maintain this project to be in the public interest,
as the show will result in a $250 million increase in the economic
impact to the city and business community as well as benefit the
marine industry at large which reported last year's sales of yachts
in excess of $900 million.
According to the Division of Marine Resources, the proposed project
is not anticipated to have a significant impact on the endangered
manatee provided that the applicant: (1) complies with the standard
manatee construction conditions; and (2) installs and maintains
informational displays. Items (1) and (2) are conditions in the
regulatory permit.
Although the applicant operated a boat show on sovereignty submerged
lands in 1996, without having obtained a lease from the Board
of Trustees, DEP staff are not recommending assessment of lease
fees in arrears or an administrative fine because of the prior
action pursuant to the five-year regulatory permit and staff's
understanding that the prior activities were within privately-owned
submerged lands. However, because of the temporary nature of
the activity and the subsequent expansion of the commercial, revenue
generating activity, DEP staff recommends that consideration be
assessed at 20 percent of the gross boat show revenues generated
on sovereignty submerged land.
A local government comprehensive plan has been adopted for this
area pursuant to section 163.3167, F.S. The Department of Community
Affairs has determined that the plan is in compliance. The proposed
action is consistent with the adopted plan according to a letter
received from the city of Fort Lauderdale.
(See Attachment 16, Pages 1-39)
RECOMMEND (1) DENIAL OF THE APPLICANT'S REQUEST; AND (2)
APPROVAL OF A NON-RENEWABLE 30-DAY SOVEREIGNTY SUBMERGED LAND
SPECIAL EVENT LEASE, SUBJECT TO THE SPECIAL APPROVAL CONDITIONS,
THE SPECIAL LEASE CONDITIONS, AND PAYMENT OF APPROXIMATELY $105,111.
AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OCTOBER 21, 1997
Item 1 Ecobank/North Dike/South Dike at East
Central Florida Mitigation Bank Status Report
REQUEST: (1) Consideration of the status of the North
Dike at East Central Florida Mitigation Bank, and the South Dike
at East Central Florida Mitigation Bank, on sovereign submerged
lands; and (2) the exclusion of the North Dike at East Central
Florida Mitigation Bank and South Dike at East Central Florida
Mitigation Bank from the moratorium concerning the use of Board
of Trustees' lands for mitigation banking approved by the Board
of Trustees on February 25, 1997.
APPLICANTS: Ecobank (North Dike at East Central Florida Mitigation Bank)
Ecobank (South Dike at East Central Florida Mitigation Bank)
COUNTIES: Ecobank (North Dike at East Central Florida Mitigation Bank ) Seminole County, Application No. 4-117-0450A-ERP
Ecobank (South Dike at East Central Florida Mitigation Bank ) Seminole County, Application No. 4-117-0450A-ERP
LOCATIONS: Ecobank (North Dike at East Central Florida Mitigation Bank)
Sections 21, 27 and 28, Township 21 South, Range 33 East
Along the St. Johns River near Puzzle Lake
Aquatic Preserve: No; OFW: No
Ecobank (South Dike at East Central Florida Mitigation Bank)
Sections 27 and 34 Township 21 South, Range 33 East
Along the St. Johns River near Puzzle Lake
Aquatic Preserve: No; OFW: No
STAFF REMARKS: On February 25, 1997, the Board of Trustees
established a moratorium on the use of sovereign submerged lands
for mitigation banking purposes. At that meeting, the BOARD OF
TRUSTEES was told that there were only two mitigation banking
projects pending that involved the use of sovereign submerged
lands. At a subsequent meeting the BOARD OF TRUSTEES excluded
the two existing projects that it knew about from the moratorium.
However, in addition to those two projects, there were two applications
for mitigation bank projects pending at the St. Johns River Water
Management District (SJRWMD) that may involve sovereign submerged
lands. In addition, since the implementation of the moratorium,
SJRWMD has received a new application for a mitigation bank that
likely involves sovereign submerged lands. This agenda item describes
the one mitigation bank application that was pending with SJRWMD,
at the time that the BOARD OF TRUSTEES established the moratorium,
and the new application and makes recommendations as to whether
to exclude these projects from the moratorium.
Project description and status of the two 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 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 Board of Trustees
St. Johns River Water Management District
Agenda - October 21, 1997 Page Two
Item 1, cont.
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 was approved
by the SJRWMD Governing Board at their meeting on May 13, 1997.
At its meeting of August 13, 1997, the SJRWMD Governing Board
reconsidered and amended the action taken at the May 13, 1997
meeting. This project has been approved to receive 338 mitigation
credits. Of these, 203 credits are for restoration of lands which
may be considered sovereign and all but 12 of the credits are
largely attributable to the removal of the dike on sovereign land
which allows for reflooding of both the sovereign lands and uplands.
In accordance with section 373.427, F.S., this action will not
be final until such time as the Board of Trustees 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 and 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.
There are significant unresolved issues associated with this application that only the Board of Trustees can address. Originally the applicant proposed to drop their claim to lands that are considered sovereign and to donate upland areas within the bank to the state as compensation for the use of sovereign lands. SJRWMD staff determined that there was very little monetary value associated with this offer of compensation and suggested that it would be more appropriate to follow the example of the Little Pine Island Mitigation Bank, where the Board of Trustees required compensation at a rate of seven percent of gross revenues from the sale of mitigation credits. Also SJRWMD staff suggested that the applicant relinquish any claims it may have to the lands to the east of the dike, including the bottom of the St. Johns River, which are considered to be sovereign. The applicant objected to these proposed compensation suggestions. The SJRWMD Governing Board was not comfortable with these staff suggestions, due to the fact that the Board of Trustees has not yet established a policy regarding compensation for the use of sovereign lands. Therefore, the SJRWMD recommendation to the Board of Trustees to authorize the use of sovereign submerged lands is silent on the question of compensation, leaving it up to the Board of Trustees to decide what compensation will be required.
Board of Trustees
St. Johns River Water Management District
Agenda - October 21, 1997 Page Three
Item 1, cont.
This application was pending at the time that the moratorium was
approved by the Board of Trustees. Although there are some policy
issues that the Board of Trustees still needs to address on this
application, as described above, 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.
Status of the application by Ecobank for the South Dike at
East Central Florida Mitigation Bank. In July, 1997, the
SJRWMD received a permit application to construct and operate
a 442-acre mitigation bank which involves the restoration of St.
Johns 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 was approved by the SJRWMD Governing Board at their
meeting on August 13, 1997. This project has been approved to
receive 431.1 mitigation credits. Of these, 243.2 credits are
for restoration of lands which may be considered sovereign and
all but 25 of the credits are largely attributable to the removal
of the eastern dike (which is on sovereign land) and reflooding
of both the sovereign lands and uplands. However, the SJRWMD
Governing Board's approval of the mitigation bank permit was conditioned
upon the Board of Trustees granting an exception to the moratorium
and approving the use of the sovereign submerged lands. In accordance
with section 373.427, F.S., this action will not be final until
such time as the Board of Trustees 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 and 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 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.
There are significant unresolved issues associated with this application that only the Board of Trustees can address. Originally the applicant proposed to drop their claim to lands that are considered sovereign and to donate upland areas within the bank to the state as compensation for the use of sovereign lands. SJRWMD staff determined that there was very little monetary value associated with this offer of compensation and suggested that it would be more Board of Trustees
St. Johns River Water Management District
Agenda - October 21, 1997 Page Four
Item 1, cont.
appropriate to follow the example of the Little Pine Island Mitigation Bank, where the Board of Trustees required compensation at a rate of seven percent of gross revenues from the sale of
mitigation credits. Also SJRWMD staff suggested that the applicant
relinquish any claims it may have to the lands to the east of
the dike, including the bottom of the St. Johns River, which are
considered to be sovereign. The applicant objected to these proposed
compensation suggestions. The SJRWMD Governing Board was not
comfortable with these staff suggestions, due to the fact that
the Board of Trustees has not yet established a policy regarding
compensation for the use of sovereign lands. Therefore, the SJRWMD
recommendation to the Board of Trustees to authorize the use of
sovereign submerged lands is silent on the question of compensation,
leaving it up to the Board of Trustees to decide what compensation
will be required.
Although this application was not pending at the time that the
Board of Trustees established the moratorium and there are unresolved
issues as described above, 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.
Recommended action for each proposal:
The Board of Trustees 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 Florida provide that third parties have no right
to conduct activities on state-owned lands. All of the mitigation
bank projects described above are for-profit ventures that 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 Board of Trustees 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.
Ecobank (South Dike at East Central Florida Mitigation Bank - North)
Staff recommends that this project be excluded from the moratorium.
The Department of Environmental Protection (DEP) does not concur
with the recommended action by the SJRWMD's Board.
DEP staff met with representatives of Ecobank on August 5, 1997, to discuss the proposed use of sovereign submerged lands at the project site. The applicant has had free use of the submerged lands since completion of the dikes which separated them from the St. Johns River floodplain in 1972. At that meeting, the DEP staff indicated to the applicant in order to use this land for profit under a mitigation bank one of two things must occur: (1) the land below the safe upland line must be deeded in a quitclaim deed to the Board of Trustees and a fee paid for its use; or (2) the applicant could move the boundary of the mitigation bank uphill to the safe Board of Trustees
St. Johns River Water Management District
Agenda - October 21, 1997 Page Five
Item1, cont.
upland line, thereby excising potential Board of Trustees lands
and, then, request permission from the Board of Trustees to remove
the dike on submerged lands.
DEP staff believes that the items discussed with and presented
to the applicant as potentially workable solutions to this problem
must be presented to the Board of Trustees for consideration.
Because they were not, DEP staff recommends denial of the request
to exclude these projects from the moratorium.
RECOMMEND WITHDRAWAL
Item 2
Ecobank/North Dike at East Central Florida Mitigation Bank Use
Agreement/Recommended Consolidated Intent
REQUEST:
Consideration and approval of a use agreement authorizing the
use of sovereign submerged lands for the North Dike at East Central
Florida Mitigation Bank.
COUNTY:
Seminole County, Application No. 4-117-1450-ERP
APPLICANT: Ecobank
LOCATION: Sections 21, 27 and 28, Township 21 South, Range 33 East
Along the St. Johns River near Puzzle Lake
Aquatic Preserve: No; OFW: No
GENERAL PROJECT DESCRIPTION:
Ecobank seeks authorization to use a portion of sovereign submerged
lands for the purposes of constructing and operating a mitigation
bank. In conjunction with an Environmental Resource Permit, the
authorization to use sovereign submerged lands will allow Ecobank
to construct and operate a mitigation bank that includes the removal
of a dike and pump system in order to accommodate floodplain restoration.
STAFF REMARKS:
Background
In accordance with section 253.002, F.S., and the rules of the
Board of Trustees, the District is serving as the staff to the
Board of Trustees for this application to use sovereign submerged
lands for the purposes of constructing and operating a mitigation
bank. Under the delegation from the Board of Trustees to the
District, all applications for mitigation banks on sovereign submerged
lands must be presented to the Board of Trustees for its approval.
The applicant is seeking approval for the establishment and operation of a 364.41-acre mitigation bank. This project involves the removal and abandonment of the existing agricultural dewatering/dike system. The Department of Environmental Protection (DEP) has established a safe upland line on this parcel based upon long term stage data for the St. Johns River. The St. Johns River is located immediately to the east of this project site. The applicant has not conducted an ordinary high water line survey on the property. The applicant contends that there are valid federal patent deeds and railroad deeds that conveyed the mitigation bank property, as well as the St. Johns River marshes located to the east of the
Board of Trustees
St. Johns River Water Management District
Agenda - October 21, 1997 Page Six
Item 2, cont.
diked area, into private ownership. Rather than formally contest
the extent of sovereign lands on the mitigation bank site, the
applicant has decided instead to request authorization from the
Board of Trustees to use the sovereign submerged lands for the
mitigation bank.
Project Site Description
The proposed mitigation bank is located along the western bank
of the St. Johns River in southeastern Seminole County, near Puzzle
Lake. The site is completely enclosed by a substantial dike system
which was completed around 1972. The dikes are effective, maintained,
and have been constructed to an elevation varying between 12 and
13 feet NGVD, which protects the site from the St. Johns River
100-year flood stage. The average width of the dikes from toe
of slope to toe of slope is 41 feet. The topography in the interior
portion of the site slopes from west to east with the elevations
ranging from approximately 7 to 9 feet in the west and 4 to 5
feet in the east. Beds and furrows have been constructed to facilitate
the drainage eastward to a pump which dewaters seepage water and
rainwater from the site during the wet season. In the dry season,
a flapgate culvert is opened and drainage is via gravity flow
only.
In addition to excluding the river flood stages, the dike system
has served to divert the upslope runoff from west of the site,
especially in a small tributary named Turkey Creek which historically
flowed across the site. Turkey Creek now is diverted around the
North Dike project site by the existing borrow ditch located adjacent
to the west side of the western dike. The drained, non-flowing,
remnant channel of Turkey Creek remains within the interior of
the dike system.
The vegetative communities consist primarily of improved pasture
(308.27 acres) which is dominated by pasture grasses (primarily
Bahia), and lesser amounts of coinleaf, dog fennel, sand cordgrass,
camphorweed, fox-tail grass, and rushes. There are also several
small cabbage palm hammocks (totaling 10 acres) located on the
higher elevations in the western portion of the site. These are
dominated by cabbage palms and contain lesser amounts of red cedar,
dog fennel, and frostweed. The existing dikes and borrow canals/ditches
within the 346-acre diked area (which is bounded by the outer
toe of the dike slopes) total 27.73 acres. There are also 18.41
acres of borrow areas lying eastward of the outer toe of slope
of the eastern dike.
Proposed Restoration Activities
1. Exclude cattle which are currently grazing on the property.
Record a special warranty deed in favor of the Board of Trustees
for the areas within the project located waterward of the safe
upland line. Record a conservation easement to the DEP and SJRWMD
over the areas within the project located landward of the safe
upland line.
2. Excavate the entire eastern dike (7.15 acres) and fill the
adjacent borrow canals/ditches (6.34 -acre interior and 18.41-acre
exterior) to match the surrounding marsh grade. Excavate the
interior maintenance road and fill the adjacent ditches (totaling
11.9 acres) to match the surrounding grade. These activities
will result in 43.80 acres of regraded marsh and 285.96 acres
of hydrologically-restored marsh.
3. Excavate a 100-foot-wide breach in the western dike (totaling 0.1 acre of regraded channel) and install two earthen plugs in the borrow canal to restore the diverted Turkey Creek flows back into the remnant on-site channel.
Board of Trustees
St. Johns River Water Management District
Agenda - October 21, 1997 Page Seven
Item 2, cont.
4. Implement an aggressive exotic and nuisance species control
plan as the vegetation recovers. Replant with appropriate herbaceous
species if natural recruitment is ineffective or inadequate.
5. Implement perpetual management and maintenance including exotic
and nuisance species control and ecological burning.
Staff Analysis
Pursuant to rule 18-21.004, F.A.C., any activity on sovereign
submerged lands must be not contrary to the public interest. The
activities proposed by the applicant will restore a natural ecosystem
in an area that has been altered for agricultural land uses.
This will result in significant environmental benefits in the
region. In addition, the restoration will restore floodplain
water storage functions and enhance water quality in the St. Johns
River. However, breaching of the dikes and conveying the special
warranty deed will not necessarily restore public access to these
lands, because the applicant maintains their claim of ownership
of the river and marsh areas to the east of the site, which have
been used for cattle grazing by the riparian land owners, and
has withdrawn their offer to drop this claim.
Although the applicant could dispute the state's ownership of the lands within the mitigation bank, they have offered to relinquish any claim to these lands if they can secure authorization to construct the mitigation bank. The applicant will continue to dispute the state's claim to the lands to the east of the project site, including the bottom of the St. Johns River and its contiguous marshes. Mitigation banking provides an incentive for the private sector to restore lands which have been historically degraded by man's activities. Staff believes that this project is a good site for a mitigation bank. Staff believes that it would be in the public interest for the Board of Trustees to authorize this project in order to achieve the significant environmental and water resources benefits described above.
The applicant and staff have not agreed to a compensation package
for the use of sovereign submerged lands for this profit making
venture. Staff recognizes that the Board of Trustees have not
yet established a policy regarding the location of mitigation
banks on state-owned lands and the amount of compensation to be
charged for operating a mitigation bank on sovereign submerged
lands. Staff is aware that the only previous final Board of Trustees'
authorization of a private for-profit mitigation bank by a private
entity on sovereign submerged lands was the Little Pine Island
Mitigation Bank located in Lee County, Florida, where the Board
of Trustees required seven percent of the gross revenues from
the bank as compensation for the use of sovereign lands. Staff
feels that the Board of Trustees is the best entity to establish
the amount and form of compensation to be charged for the location
of this for-profit mitigation bank on sovereign submerged lands.
Recommendation:
The authorization to use sovereign submerged lands in the case of the Little Pine Island Mitigation Bank was memorialized in a use agreement. Based upon that example, staff recommends that the Board of Trustees approve a use agreement with Ecosystems Land Mitigation Bank II Corporation to implement a mitigation bank on sovereign submerged lands, at an amount and form of compensation the Board of Trustees determines appropriate, with terms and conditions as otherwise described in Appendix A. The use agreement would cover all lands within the mitigation bank site lying waterward of the safe upland line as set forth in the letter from Rod Maddox, DEP, attached hereto as Exhibit 2. Board of Trustees
St. Johns River Water Management District
Agenda - October 21, 1997 Page Eight
Item 2, cont.
Other conditions:
1. Ecosystems Land Mitigation Bank II Corporation must have a conservation easement recorded covering all portions of the property located landward of the safe upland line as set
forth in the Rod Maddox letter attached as Exhibit 2.
2. Prior to undertaking any construction or selling any mitigation
credits, Ecosystems Land Mitigation Bank II Corporation must have
a special warranty deed executed and recorded conveying to the
Board of Trustees all lands within the project area located waterward
of the safe upland line as set forth in the Rod Maddox letter
attached hereto as Exhibit 2. This special warranty deed must
warrant fee simple ownership of the subject lands, free from any
liens or encumbrances, except claims of the State of Florida to
sovereign submerged lands.
RECOMMEND WITHDRAWAL
Item 3 Ecobank/South Dike at East Central Florida
Mitigation Bank Use Agreement/ Recommended Consolidated Intent
REQUEST: Consideration and approval of a use agreement
authorizing the use of sovereign submerged lands for the South
Dike at East Central Florida Mitigation Bank.
COUNTY: Seminole County, Application No. 4-117-1450AM-ERP
APPLICANT: Ecobank
LOCATION: Sections 27 and 34, Township 21 South, Range 33 East
Along the St. Johns River near Puzzle Lake
Aquatic Preserve: No; OFW: No
GENERAL PROJECT DESCRIPTION:
Ecobank seeks authorization to use a portion of sovereign submerged
lands for the purposes of constructing and operating a mitigation
bank. In conjunction with an Environmental Resource Permit, the
authorization to use sovereign submerged lands will allow Ecobank
to construct and operate a mitigation bank that includes the removal
of a dike and pump system in order to accommodate floodplain restoration.
STAFF REMARKS:
Background
In accordance with section 253.002, F.S., and the rules of the
Board of Trustees, the District is serving as the staff to the
Board of Trustees for this application to use sovereign submerged
lands for the purposes of constructing and operating a mitigation
bank. Under the delegation from the Board of Trustees' to the
District, all applications for mitigation banks on sovereign submerged
lands must be presented to the Board of Trustees for their approval.
The applicant is seeking approval for the establishment and operation of a 442.35-acre mitigation bank. This project involves the removal and abandonment of the existing agricultural dewatering/dike system. The Department of Environmental Protection (DEP) has established a safe upland line on this parcel based upon long term stage data for the St. Johns River. The St. Johns River is located immediately to the east of this project site. The Board of Trustees
St. Johns River Water Management District
Agenda - October 21, 1997 Page Nine
Item 3, cont.
applicant has not conducted an ordinary high water line survey on the property. The applicant contends that there are valid federal patent deeds and railroad deeds that conveyed the mitigation bank property, as well as a portion of the St. Johns River marshes which are to the
east of the diked lands, into private ownership. However, rather
than formally contest the extent of sovereign lands, the applicant
has decided instead to request authorization from the Board of
Trustees to use the sovereign submerged lands for the mitigation
bank.
Project Site Description
The proposed mitigation bank is located along the western bank
of the St. Johns River in southeastern Seminole County, near Puzzle
Lake. The site is completely enclosed by a substantial dike system
which was completed around 1972. The dikes are effective, maintained,
and have been constructed to an elevation of about 10 feet NGVD.
The average width of the dikes from toe of slope to toe of slope
is 41 feet. The topography in the interior portion of the site
slopes from west to east with the elevations ranging from approximately
7 to 9 feet in the west and 4 to 5 feet in the east. A network
of drainage ditches have been constructed to facilitate the drainage
eastward to a pump which dewaters seepage water and rainwater
from the site during the wet season. In the dry season, a flapgate
culvert is opened and drainage is via gravity flow only.
In addition to excluding the river flood stages, the dike system
has served to divert the upslope runoff from west of the site
by blocking Buscombe Creek and two small, unnamed streams which
historically flowed across the site. These three streams are
now diverted around the South Dike project site by the existing
borrow ditch located exterior to the dike.
The vegetative communities consist primarily of improved pasture
(373.38 acres) which is dominated by pasture grasses, dog fennel,
sand cordgrass, camphorweed, fox-tail grass, and rushes. There
is a 3.23-acre remnant of a mixed forested wetland dominated by
cypress and swamp tupelo. The existing dikes, canals/ditches,
and elevated roads within the 430-acre diked area (which is bounded
by the outer toe of the dike slopes) total 54.39 acres. There
are also 11.95 acres of borrow areas lying eastward of the outer
toe of slope of the eastern dike.
Proposed Restoration Activities
1. Exclude cattle which are currently grazing on the property.
Record a special warranty deed in favor of the Board of Trustees
for the areas within the project waterward of the safe upland
line. Record a conservation easement to the DEP and SJRWMD over
the areas within the project landward of the safe upland line.
2. Excavate the entire eastern dike (5.55 acres) and fill the
adjacent borrow canals/ditches (6.18-acre interior and 11.95-
acre exterior) to match the surrounding marsh grade. Excavate
the interior maintenance road and fill the adjacent ditches (totaling
24.03 acres) to match the surrounding grade. These activities
will result in 47.71 acres of regraded marsh, 302.38 acres of
hydrologically-restored marsh, and 65 acres of hydrologically-restored
mixed forested wetlands.
3. Excavate three 100-foot-wide breaches in the western and southern
dikes and install two earthen plugs in each of the adjacent exterior
ditches to restore the diverted stream flows back across the South
Dike project area.
4. Implement an aggressive exotic and nuisance species control plan as the vegetation recovers. Replant with appropriate herbaceous species if natural recruitment is ineffective or inadequate.
Board of Trustees
St. Johns River Water Management District
Agenda - October 21, 1997 Page Ten
Item 3, cont.
5. Implement perpetual management and maintenance including exotic
and nuisance species control and ecological burning.
Staff Analysis
Pursuant to rule 18-21.004, F.A.C., any activity on sovereign
submerged lands must be not contrary to the public interest. The
activities proposed by the applicant will restore a natural ecosystem
in an area that has been altered for agricultural land uses.
This will result in significant environmental benefits in the
region. In addition, the restoration will restore floodplain
water storage functions and enhance water quality in the St. Johns
River. However, breaching of the dikes and conveying the special
warranty deed will not necessarily restore public access to these
lands, because the applicant maintains their claim of ownership
of the river and marsh areas to the east of the site, which have
been used for cattle grazing by the riparian land owners, and
has withdrawn their offer to drop this claim.
Although the applicant could dispute the state's ownership of
the lands within the mitigation bank, they have offered to relinquish
any claim to these lands if they can secure authorization to construct
the mitigation bank. The applicant continues to dispute the state's
claim to the lands to the east of the project site, including
the bottom of the St. Johns River and its contiguous marshes.
Mitigation banking provides an incentive for the private sector
to restore lands which have been historically degraded by man's
activities. Staff believes that it would be in the public interest
for the Board of Trustees to authorize this project in order to
achieve the significant environmental and water resources benefits
described above.
The applicant and staff have not agreed to a compensation package
for the use of sovereign submerged lands for this profit-making
venture. Staff recognizes that the Board of Trustees have not
yet established a policy regarding the location of mitigation
banks on state owned lands and the amount of compensation to be
charged for operating a for-profit mitigation bank on sovereign
submerged lands. Staff is aware that the only previous final
Board of Trustees' authorization of a private for-profit mitigation
bank on sovereign submerged lands was the Little Pine Island Mitigation
Bank located in Lee County, Florida, where the Board of Trustees
required seven percent of the gross revenues from the bank as
compensation for the use of sovereign lands. Staff feels that
the Board of Trustees is the best entity to establish the amount
and form of compensation to be charged for the location of this
for-profit mitigation bank on sovereign submerged lands.
Recommendtion:
The authorization to use sovereign submerged lands in the case of the Little Pine Island Mitigation Bank was memorialized in a use agreement. Based upon that example, staff recommends that the Board of Trustees approve a use agreement with Ecosystems Land Mitigation Bank II Corporation to implement a mitigation bank on sovereign submerged lands, at an amount and form of compensation the Board of Trustees determines appropriate, with terms and conditions as otherwise described in Appendix A. The use agreement would cover all lands within the mitigation bank lying waterward of the safe upland line as set forth in the letter from Rod Maddox, DEP, attached hereto as Exhibit 2. Board of Trustees
St. Johns River Water Management District
Agenda - October 21, 1997 Page Eleven
Item 3, cont.
Other Conditions:
1. Ecosystems Land Mitigation Bank II Corporation must have a
conservation easement recorded covering all portions of the property
located landward of the safe upland line as set forth in the Rod
Maddox letter attached as Exhibit 2.
2. Prior to undertaking any construction or selling any mitigation
credits, Ecosystems Land Mitigation Bank II Corporation must have
a special warranty deed executed and recorded conveying to the
Board of Trustees all lands within the project area located waterward
of the safe upland line as set forth in the Rod Maddox letter
attached hereto as Exhibit 2. This general warranty deed must
warrant fee simple ownership of the subject lands, free of any
liens or encumbrances, except claims of the State of Florida to
sovereign submerged lands.
RECOMMEND WITHDRAWAL