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Cabinet
Affairs |
AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
NOVEMBER 4, 1997
Item 1 Minutes
Submittal of the minutes of the September 25, 1997 Cabinet meeting.
RECOMMEND ACCEPTANCE
Item 2
Department of Children and Family Services/Olympia Spa and Gulf
Resort, Inc., Sublease Agreement
DEFERRED FROM THE OCTOBER 21, 1997
AGENDA
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.
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
Board of Trustees
Agenda - November 4, 1997 Page Two
Item 2, cont.
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
Item 3 Consolidated-Tomoka Land Co./DOT/SJRWMD/Division
of Forestry/ Tomoka Addition to Tiger Bay State Forest Project
Purchase
DEFERRED FROM OCTOBER 9, 1997 AGENDA
REQUEST: Consideration of authorization to acquire an
undivided 50 percent interest with the St. Johns River Water Management
District in 11,349 acres within the Tomoka Addition to Tiger Bay
State Forest project by the Board of Trustees for the benefit
of the Department of Agriculture and Consumer Services, Division
of Forestry, from Consolidated-Tomoka Land Co.
COUNTY: Volusia
APPLICANT: Department of Agriculture and Consumer Services,
Division of Forestry
LOCATION: Sections 28, 29 and 31 through 33, Township
14 South, Range 31 East; Sections 02 through 04, 09 through 11,
13 through 16, 23 through 26 and 36, Township 15 South, Range
31 East; Sections 19 and 30 through 33, Township 15 South, Range
32 East; and Section 05, Township 16 South, Range 32 East.
CONSIDERATION: $4,978,818.20 (Department of Agriculture
and Consumer Services, Division of Forestry's 50 percent share
of $9,927,886.40 for the purchase, to be adjusted upward or downward
at the rate of $701.60 per acre in accordance with the final surveyed
acreage, and 50 percent share of $29,750 for the pre-acquisition
and closing costs.)
STAFF REMARKS: The Tomoka Addition to Tiger Bay State
Forest project is eligible for funding under the Department of
Agriculture and Consumer Services, Division of Forestry's (DOF)
Preservation 2000 Additions and Inholdings Program.
Board of Trustees
Agenda - November 4, 1997 Page Three
Item 3, cont.
On October 9, 1997, the Board of Trustees authorized staff to
enter into an acquisition agreement with the DOF and the St. Johns
River Water Management District (District) to acquire the Consolidated-Tomoka
Land Co. ownership located within the Tomoka Addition to Tiger
Bay State Forest project in accordance with section 259.041(16),
F.S. (1994), utilizing the procedures set out in section 373.139,
F.S.
Pursuant to the terms of the acquisition agreement and in anticipation
of its approval by the Board of Trustees, the District contracted
to purchase Consolidated-Tomoka Land Co.'s ownership at 90 percent
of the approved value. Title to the property acquired will vest
jointly in the Board of Trustees and the District with each owning
an undivided 50 percent fee simple interest. The DOF's purchase
price will be 50 percent of the contract price negotiated by the
District plus 50 percent of the costs incurred in the purchase
of the property.
As provided for in the acquisition agreement, on June 11, 1997,
the Governing Board of the District adopted Resolution No. 97-24,
requesting the DOF's share of the purchase price for the Consolidated-Tomoka
Land Co. parcel, reimbursement of 50 percent of its pre-acquisition
costs and reimbursement of 50 percent of its closing costs (recording,
title insurance policy and survey costs). Pursuant to the acquisition
agreement, the pre-acquisition and closing costs will be reimbursed
from DOF funds. The District's resolution contains all of the
assurances required by the acquisition agreement.
The Tomoka Addition will be managed as part of the Tiger Bay State
Forest with the DOF designated as the lead managing agency under
a cooperative management regime with the District to achieve mutually
beneficial resource management objectives.
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 3, Pages 1-28)
RECOMMEND APPROVAL
Item 4 Clyde E. Bailey/Jacqueline Stamey/Belle
Meade CARL Project Option Agreement
REQUEST: Consideration of an option agreement to
acquire 334.6 acres within the Belle Meade CARL project from Clyde
E. Bailey and Jacqueline Stamey, Trustees.
COUNTY: Collier
LOCATION: Section 33, Township 50 South, Range 27
East
CONSIDERATION: $602,280
APPRAISED BY
REVIEW Catlett Dane APPROVED PURCHASE OPTION
NO. PARCEL ACRES (03/26/97) (04/15/97) VALUE PRICE DATE
718001 Bailey 334.6 $700,000 $669,200 $700,000 $602,280 180 days
after BOT
approval
Board of Trustees
Agenda - November 4, 1997 Page Four
Item 4, cont.
STAFF REMARKS: The Belle Meade CARL project is ranked
number 3 on the CARL Priority Project List approved by the Board
of Trustees on February 11, 1997, and is eligible for purchase
under the Division of State Lands' Land Acquisition Workplan.
This project contains 19,227 acres, of which 9,424 acres have
been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement, 9,468 acres or
49 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 policy, environmental site
evaluation and, if necessary, an environmental site assessment,
will be provided by the purchaser prior to closing. The seller
will reimburse the purchaser's title insurance costs.
The cypress swamps and old-growth slash pine flatwoods in the
Belle Meade project, extending to the fast-developing suburbs
of Naples, are still important for such endangered wildlife as
Florida panthers, red-cockaded woodpeckers, and Florida black
bear. Belle Meade is also the watershed for Rookery Bay. The
Belle Meade CARL project will conserve the westernmost large natural
area in southwest Florida, protect some of the southernmost populations
of several rare animals, and help protect the quality of the subtropical
estuary of Rookery Bay, while providing a large area for recreation
in a natural environment to residents of and visitors to rapidly
urbanizing southwest Florida.
This property will be managed by the Department of Agriculture
and Consumer Services, Division of Forestry, as part of the Picayune
Strand State Forest.
This acquisition is consistent with section 187.201(10), F.S.,
the Natural Systems and Recreational Lands section of the State
Comprehensive Plan.
(See Attachment 4, Pages 1-25)
RECOMMEND APPROVAL
Item 5
Ruth E. Sigler/Rookery Bay CARL Project Option Agreement
REQUEST:
Consideration of an option agreement to acquire 14.32 acres within
the Rookery Bay CARL project from Ruth E. Sigler, as Trustee and
individually.
COUNTY:
Collier
LOCATION:
Section 15, Township 51 South, Range 26 East
CONSIDERATION:
$57,200
APPRAISED BY
REVIEW Dane APPROVED PURCHASE OPTION
NO. PARCEL ACRES (03/06/97) VALUE PRICE DATE
718002 Sigler 14.32 $57,200 $57,200 $57,200 180 days
after BOT
approval
Board of Trustees
Agenda - November 4, 1997 Page Five
Item 5, 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 11,171.05 acres have been acquired or are
under agreement to be acquired. After the Board of Trustees approves
this agreement, 2,296.63 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, 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.
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 5, Pages 1-37)
RECOMMEND APPROVAL
Item 6
South Savannas CARL Project Purchase Agreements/Survey Waivers
REQUEST:
Consideration of (1) four purchase agreements to acquire five
acres within the South Savannas CARL project from four separate
owners; and (2) a request for survey waivers.
COUNTY:
St. Lucie
LOCATION:
Section 24, Township 36 South, Range 40 East
CONSIDERATION: $27,000
Board of Trustees
Agenda - November 4, 1997 Page Six
Item 6, cont.
APPRAISED BY
REVIEW Gray APPROVED PURCHASE CLOSING
NO. PARCEL ACRES (08/24/94) VALUE PRICE DATE
718003 Primm/#216 1.25 $ 6,500 $ 6,500 $ 6,500 180 Days
718004 Scott/#213 1.25 $ 6,500 $ 6,500 $ 6,500 after BOT
718005 Cundy/#209 1.25 $ 6,500 $ 6,500 $ 6,500 approval
718006 Baranowski/#236 1.25 $ 7,500 $ 7,500 $ 7,500
5.00 $27,000
$27,000
STAFF REMARKS:
The South Savannas CARL project is ranked number 5 on the CARL
Substantially Complete 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 6,046 acres, of which 4,852 acres have been acquired
or are under agreement to be acquired. After the Board of Trustees
approves this agreement, 1,189 acres or 20 percent of the project
will remain to be acquired.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitments for
title insurance, 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.
Title insurance policies, environmental
site evaluations and, if necessary, environmental site assessments
will be provided by the purchaser prior to closing.
A waiver of the requirement for surveys of these parcels is being
requested pursuant to section 181.005, F.A.C., because,
in the opinion of the Bureau of Survey and Mapping, the parcels
to be acquired meet all of the following conditions:
While these parcels are being recommended for a waiver of survey
at this time, should the title commitments reveal a substantive
surveying or surveying related issue which impacts the parcels,
certified surveys will be provided by the purchaser prior to closing.
In the event full surveys are waived,
a professional land surveyor will inspect the properties 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 the property.
Around Fort Pierce a chain of marshes and lakes separating inland pine flatwoods from the coastal scrub on the high Atlantic Ridge has survived the rapid development of St. Lucie and Martin counties like a visitor from another time. The South Savannas project will conserve these coastal freshwater marshes and the nearby flatwoods and scrub so that the wildlife and
plants of this area, some extremely rare, will continue to survive and the public can learn about and enjoy this scenic remnant of the original southeast Florida.
Board of Trustees
Agenda - November 4, 1997 Page Seven
Item 6, cont.
The property will be managed by the
Division of Recreation and Parks as part of the Savannas State
Reserve.
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 6, Pages 1-16)
RECOMMEND APPROVAL
Item 7
Southwest Florida Water Management District/Terra Ceia CARL Project
Acquisition Agreement
REQUEST: Authority to enter into an acquisition agreement
with Southwest Florida Water Management District for the Terra
Ceia CARL project.
COUNTY: Manatee
LOCATION: Sections 12, 13, 22 through 24, 27 and 28, Township
33 South, Range 17 East; Sections 07 and 18, Township 33 South,
Range 18 East; and Sections 32 and 33, Township 34 South, Range
17 East
STAFF REMARKS: The Terra Ceia CARL project is ranked number
13 on the CARL Bargain/Shared Project 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 2,612 acres, more or less, of the project owned by multiple
owners.
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 Terra Ceia 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 - November 4, 1997 Page Eight
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 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.
The Terra Ceia 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 1-10)
RECOMMEND APPROVAL
Item 8 Southwest Florida Water Management District/Green
Swamp CARL Project Acquisition Agreement
REQUEST: Authority to enter into an acquisition agreement
with Southwest Florida Water Management District for the Green
Swamp CARL project.
COUNTY: Polk
LOCATION: Sections 17 through 20 and 30 through 32, Township
25 South, Range 23 East; and Section 06, Township 26 South, Range
23 East
STAFF REMARKS: The Green Swamp CARL project is ranked
number 1 on the CARL Less-Than-Fee Project 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 5,383 acres, more or less, of the project owned
by Overstreet.
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 Green Swamp 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
Board of Trustees
Agenda - November 4, 1997 Page Nine
Item 8, cont.
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.
Pursuant to the proposed agreement, the District staff is to obtain
and review appraisals, negotiate a purchase contract and secure
the approval of its Governing Board. The District intends to
utilize the services of The Nature Conservancy (TNC) for this
acquisition. TNC's overhead (not to exceed $45,000) will be considered
a closing cost and the agreed upon compensation for overhead associated
with the acquisition is contingent upon the Board of Trustees
successfully acquiring the property. 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
in the less-than-fee acquisition. The amount and nature of less-than-fee
title interests being acquired will be fully disclosed when DEP
staff submits less-than-fee purchase agreements, for the Board
of Trustees' consideration.
The Green Swamp CARL project will be monitored by the Florida
Game and Fresh Water Fish Commission. While the parcels in this
project qualify as a wildlife management area, the extent and
type of public use will be negotiated with the landowner.
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 1-9)
RECOMMEND APPROVAL
Item 9 Florida Mitigation Trust Corporation/Lake
Okeechobee Mitigation Bank
REQUEST: Consideration of an application for the use of
sovereign submerged lands for the proposed Lake Okeechobee Mitigation
Bank.
COUNTIES: Glades, Hendry and Palm Beach Counties, Application
No. 47021562W
Board of Trustees
Agenda - November 4, 1997 Page Ten
Item 9, cont.
APPLICANT: Florida Mitigation Trust Corporation (Lake
Okeechobee Mitigation Bank)
LOCATIONS: Sections 01, 02, 12 and 16, Township 42 South,
Range 32 East; Sections 16, 17, 18 and 31, Township 42 South,
Range 33 East; and Sections 21, 27, 28 and 35, Township 41 South,
Range 32 East, in the southwest corner of Lake Okeechobee, near
the towns of Lakeport, Moore Haven and South Moore Haven, within
the local jurisdictions of Glades, Henry, and Palm Beach counties.
Aquatic Preserve: No Outstanding Florida Waters: No
STAFF REMARKS: On March l2, l996, the Board of Trustees
conceptually approved the use of l,200 acres of land as a potential
mitigation bank, pending receipt of the regulatory permits from
the U. S. Army Corps of Engineers (USACE) and the South Florida
Water Management District (SFWMD) and subject to negotiations
regarding payment for the use of those lands. The state's eradication
efforts on this site were postponed pending action on this proposal.
On January l6, l997, the SFWMD issued its permit. On March 11,
1997, as part of a status report regarding this item and the Overstreet
application, the Board of Trustees excluded this site from the
moratorium, directed staff to assist the applicant in the search
for an acceptable alternative site; and, because of the sensitive
nature of the Lake Okeechobee project, also directed staff
to bring the item back to the Board of Trustees' May 13, 1997
meeting for final action. Staff suggested numerous possible sites
and worked closely with the applicant to find alternate sites;
however, this search proved fruitless. Written and verbal discussions
involving the applicant, Department of Environmental Protection
(DEP) and cabinet staff resulted in agreement to further defer
action on this item.
On August 29, 1997, the applicant met with the DEP and verbally
offered to make the DEP the co-permittee on the mitigation bank,
i.e., for the DEP to become the mitigation banker. The DEP evaluated
this verbal request and, by letter dated October 6, 1997, declined
this offer.
On September 25, 1997, the USACE sent a letter to the applicant
denying its request for mitigation credit at this site because
of concerns relative to compatibility with the lake regulation
schedule and the ecological stability of the mitigation bank.
The USACE wrote a second letter, dated October 6, 1997, informing
the applicant that, should the DEP become the mitigation banker,
this would not alter its denial of the mitigation credits for
this project. The SFWMD also indicated that mitigation bank credits
would not be available for removal of dead melaleuca trees from
the site.
The state's melaleuca control program has already treated nearly
30,000 acres of trees in Lake Okeechobee. The two areas that
remain to be controlled on Lake Okeechobee are the 1,200 acres
of dense forest at the mitigation bank site and the trees along
the navigation canal. Pending review of this proposal, funds which
were available last fiscal year to conduct treatment of this site
were allocated to other projects; additional dollars are now available
for the state to treat this site. Approximately $500,000 from
both the DEP's Bureau of Aquatic Plant Management and the SFWMD
is now available and allocated for treatment of this site in February
and March of 1998. Although the applicant has agreed that the
state need not delay its own eradication efforts should funding
become available (see May 6, 1997 letter), staff is returning
to the Board of Trustees for final disposition of this request
prior to initiation of eradication efforts.
Because of the denial of this project by the USACE, the environmental risks associated with further delays, and the need to complete the control of this exotic in the lake, staff recommends denial of this application. If the Board of Trustees concurs with this recommendation, staff will initiate efforts for the state and water management district to treat the site.
(See Attachment 9, Pages 1-17)
RECOMMEND DENIAL