Application No. 4317706.00
Private Easement No. 30113
Lease No. 410028694

Mr. Donald D. McFarland, Trustee
311 South Missouri Avenue
Clearwater, FL 34616

Ms. Claire E. Butler, Trustee
1903 22nd Street West
Bradenton, FL 34205

The applicants are proposing to construct a 622-acre single-family and multi-family residential subdivision and golf course named Wading Bird Golf and Country Club. The subdivision will contain approximately 450 single-family lots and 106 town home sites, making a total of 761 lots or units available. This development also includes: an 18 hole golf course, a park, a nature trail, tennis courts, a clubhouse, a fishing pier, boat lifts and a multi-slip docking facility. The boundary of sovereignty submerged lands determined by a mean high water survey conducted by the applicants establishes a shoreline length of approximately 35,100 feet for this project site.

A private easement is requested for three wooden golf-cart boardwalks and one residential road crossing. The golf cart crossings are typically 10 feet wide and range in length from 44 feet to 163 feet. The boardwalk crossings will be built five feet above mean high water. The residential road crossing will fill an area 90 feet long and 10 to 25 feet wide and will be located where an agricultural bridge currently exists. Connection to upstream areas will be maintained by installing two seven by ten foot box culverts, which require excavating 153 cubic yards of material that has no economic value. The four easement areas were appraised by Sewell, Valentich, Tillis & Associates, a Department of Environmental Protection (DEP) approved appraiser, to estimate the current market value. A special approval condition requires that the appraisal be approved by DEP staff prior to fully executing the private easement. Regulatory approval prohibits construction of these crossings until the private easement is fully executed.

The private residential docking facility consists of four access walkways that extend the landward edge of the facility 40 feet from the shoreline and 36 finger piers to moor a maximum of 59 boats ranging in length from 18 to 25 feet. Also, a 12 by 31-foot canoe launch deck is included. The average water depth at mean low water is 2.4 feet. No dredging is proposed. Although the waterward end of this facility extends up to 134 feet waterward of mean high water, it does not extend more than 25 percent of the waterbody width at this location. No portion of the docking facility is within 100 feet of a federal navigation project channel. The shoreline in the vicinity of this facility is proposed to be developed as single family lots, a golf course, an aqua range, tennis courts, pool, picnic area, town homes, a clubhouse and clubhouse parking. A special approval condition will require that 33,681 linear feet of shoreline, including the upland islands in the Manatee River, be subject to a proprietary conservation easement. Additionally, regulatory approval requires that the homeowners association documents be revised to contain language that will permanently prohibit boat ramps or additional boat launching facilities to the Manatee River. Construction is prohibited by a regulatory specific condition until the lease is fully executed. Operation of the docking facility will be subject to a regulatory requirement to install and maintain permanent manatee warning and information signs as well as a manatee informational display. Special lease conditions will prohibit fish cleaning, boat repair, fueling and sewage pumpout facilities and liveaboards as well as restrict the boat sizes that can access the docking facility. The applicants are requesting approval for this facility, which preempts 57,714 square feet of sovereignty submerged lands, as a standard lease.

The private fishing pier consists of a single pier 204 feet long and 12 feet wide with a 45 foot octagonal terminal platform. Safety railings will be installed along the perimeter of the structure that extends over the water to discourage use of this structure for boat mooring. A special lease condition will prohibit permanent and temporary boat mooring as well as require the applicant to post and maintain signs stating this restriction. The deck will be elevated 3.76 feet above mean high water. Operation of this facility will be subject to a regulatory permit specific condition that requires a monofilament recycling bin be provided. This structure, totaling 3,530 square feet, is included in the applicants’ request for a standard lease.

Two areas will be dredged to facilitate the operation of five boat lifts. Approximately 240 cubic yards will be removed from an area 80 feet by 35 feet to 3.74 feet below mean high water for the operation of two boat lifts. At another location, an area 54 feet by 56 feet will be dredged to 4.84 feet below mean high water, removing 105 cubic yards for the operation of three boat lifts. A severance fee for the 345 cubic yards of dredged material is not considered since the dredged material will not have any economic value. The boat lifts are combined with the outfall structures for the stormwater treatment facility which will be constructed landward of mean high water. The boat lifts are provided to allow access to the Manatee River for subdivision residents that are storing boats in the stormwater treatment facility. Approximately half of the single family lots and town home sites abut interconnected wet detention ponds where boating access to the Manatee River is provided by the five boat lifts. However, the maximum number of boats stored in the ponds with Manatee River access will be limited to 190. Regulatory approval is conditioned upon the inclusion in the homeowners association documents of a provision prohibiting the storage of boats with a draft in excess of 2.5 feet in the wet detention ponds as well as a provision permanently prohibiting the construction of boat ramps or additional boat launching facilities in the wet detention ponds. Additional regulatory requirements include installation and maintenance of permanent manatee warning and information signs at the two boat lift areas. The applicants also request that these dredge areas, totaling 5,900 square feet, be authorized as a standard lease.

The applicants propose to remove approximately 670 feet of an estimated 1,670-foot berm constructed around the late 1940’s or early 1950’s in marshes contiguous with the Manatee River. One section totaling 540 feet in length will be excavated to about one foot below mean high water. For this section, dredged material will be used to fill historic borrow areas, returning an estimated 1.9 acres to wetland elevations. The proposed work will move 3,500 cubic yards of sovereignty submerged lands material. Regraded areas will be planted with soft cordgrass and fenced to restrict use by personal water craft or boats in order to facilitate wetland plant re-establishment. The remaining 130 feet of the berm will be excavated to 3.74 feet below mean low water to create open water conditions and boat access to the Manatee River channel for the eastern boat lift area. This work will remove 1,080 cubic yards of material for which a severance fee will be assessed. The remainder of the berm will not be regraded and be used for nature trails. The applicants request a consent of use for these activities.

Finally, wetland enhancement is proposed for 2.32 acres of wetlands located at various locations along the Manatee River. The applicants propose to remove Brazilian pepper, cattail and primrose willow at these locations. Brazilian pepper will be cut at the base and the stumps treated with an appropriate herbicide. Upland disposal will be provided for the Brazilian pepper removed from the enhancement areas. Manual removal or herbicide use is proposed to eliminate cattail and primrose willow from the enhancement areas. A consent of use is requested to authorize these activities.