agenda board of trustees of the internal improvement trust fund october 27, 2015 ... · 2015. 10....

AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

OCTOBER 27, 2015

Attachment to the item below can be viewed at the following link:

http://www.dep.state.fl.us/secretary/cab/public_notices.htm

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Item 1 Chapter 18-1, F.A.C., Notice of Proposed Rulemaking/Final Rule Adoption

REQUEST: Consideration of a request to (1) publish a Notice of Proposed Rulemaking to amend

six rules within Chapter 18-1, F.A.C., “State Land Acquisition Procedures”, including

amendments to the Supplemental Appraisal Standards for the Board of Trustees; and (2) file the

proposed amendment for final adoption with the Department of State, pursuant to section

120.54(3)(e)(1), F.S., if there is no Notice of Change made to the Proposed Rule.

VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor,

when four members are voting; or any two members, when three members are voting.

COUNTY: Statewide

APPLICANT: Department of Environmental Protection (DEP)

STAFF REMARKS: DEP has identified the need to update Chapter 18-1, F.A.C., specifically to

delete references in the rule to the Uniform Standards of Professional Appraisal Practice (USPAP),

January 1, 2010, and to update and adopt the revised Supplemental Appraisal Standards for the

Board of Trustees.

Rulemaking under Chapter 120, F.S., is structured into three separate major steps: the Notice of

Development of Rulemaking, the Notice of Proposed Rule, and Certification, or adoption, of the

final rule. The Board of Trustees acts as agency head over rules in Title 18, F.A.C. Having

completed the first step of rule development, DEP seeks approval to proceed to the next two steps,

which, pursuant to section 120.54(1)(k), F.S., may not be delegated.

A Notice of Proposed Rule is published in the Florida Administrative Register (F.A.R.) and

provides notice of the language intended to be adopted, pursuant to section 120.54(3)(a)1., F.S.

Following publication, any substantially affected person may submit written comments, request a

public hearing on the rule, or challenge the proposed rules. Additionally, staff to the Joint

Administrative Procedures Committee (JAPC) can provide comments on the proposed rule. If

DEP receives comments and proposes a Notice of Change to the proposed rule, DEP would return

to the Board of Trustees prior to filing the certification package (adoption). If, however, there are

no substantive changes that require a Notice of Change to the proposed rule, DEP asks in this

agenda item that the Board of Trustees authorize DEP to file the certification package for the

proposed rule attached.

Background

Notice of Development of Rulemaking: Pursuant to the Board of Trustees’ delegation, DEP may

initiate rulemaking and hold public workshops and hearings upon notification to the Cabinet

Offices. On May 28, 2015, DEP sent a memo to the Board of Trustees with Subject: Notice of

Intent to Initiate Rulemaking & Publish Notice of Development of Rulemaking. DEP, as staff to

http://www.dep.state.fl.us/secretary/cab/public_notices.htm

Board of Trustees

Agenda - October 27, 2015

Page Two

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Item 1, cont.

the Board of Trustees, published a Notice of Development of rulemaking for proposed

amendments to Chapter 18-1, F.A.C., in the F.A.R. on July 1, 2015.

Public Involvement: A workshop was held on July 17, 2015, but no members of the public

attended and no comments were received through correspondence.

JAPC Preliminary Review: Upon request from DEP, JAPC provided an initial review of the draft

rules and sent DEP preliminary comments. While such preliminary comments do not restrict JAPC

from providing further comment following publication of the Notice of Proposed Rule, DEP has

addressed JAPC’s initial comments.

Summary of Proposed Changes

Chapter 18-1, F.A.C., titled “State Land Acquisition Procedures”, provides “uniform and efficient

procedures for the acquisition of interests in real property, and donation of such interests, title to

which will vest in the Board….” With this rulemaking effort, DEP intends to amend six rules in

this Chapter:

18-1.002 - Definitions.

o Remove and revise definitions for redundancy/accuracy and outdated language.

o Revise Supplemental Standards to January 2016.

18-1.004 - Title.

o Allow for limited waiver of evidence of marketable title in accordance with section

253.025(5), F.S., (currently, with just value of $10,000 or less) to ensure

consistency with statute.

18-1.005 - Appraisal Map and Survey.

o Minor change to align terminology in rule chapter.

18-1.006 - Appraisal Procedures, Report Requirements and Determining Maximum

Amounts.

o Allow DEP to waive any portion of the Supplemental Standards on land valued at

$100,000 or less if best professional judgment demonstrates it would not be

detrimental to credible assignment result.

o Change “ad valorem tax assessment for each parcel is $75,000 or less, excluding

tax exemptions” to “just value, as determined by the county property appraiser, is

$75,000 or less.”

18-1.007 - Appraiser Eligibility and Selection.

o Remove all references to USPAP since appraisals must be completed by State

Certified Appraisers who must follow USPAP procedures and practices.

o Correct references made to Florida Real Estate Appraisal Board (FREAB) and

replace with the Florida Department of Business and Professional Regulation.

o Add the requirement for an appraiser’s eligibility and selection to submit one

appraisal report demonstrating such competence and expertise for one of the

specialty property types, and also to demonstrate general appraisal competence by

submission of an appraisal report that includes sales comparison, cost, and income

approaches.

Board of Trustees


Page Three

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Item 1, cont.

Allow approved appraisers to request reaffirmation to remain on the approved appraisers

list every two years rather than every year.

o Remove reward of additional points for professional appraisal designation by

approved appraisal organization.

o Remove requirement for Standard 3 review from Rule, as this is an internal

procedural matter not suited for rule.

18-1.013 – Donations.

o Allow for limited waiver of evidence of marketable title in accordance with sections

253.025 or 259.041, F.S., to ensure consistency with statute.

(See Attachment 1, Pages 1-36)

RECOMMEND APPROVAL

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Item 2 Chapter 18-2, F.A.C., Notice of Proposed Rulemaking/Final Rule Adoption

REQUEST: Consideration of a request to (1) publish a Notice of Proposed Rulemaking to amend

four rules within Chapter 18-2, F.A.C., “Management of Uplands Vested in the Board of Trustees”;

and (2) file the proposed amendment for final adoption with the Department of State, pursuant to

section 120.54(3)(e)(1), F.S., if there is no Notice of Change made to the Proposed Rule.



COUNTY: Statewide

APPLICANT: Department of Environmental Protection (DEP)

STAFF REMARKS: On July 1, 2013, the legislature enacted changes to section 253.034(13),

F.S., (see Chapter 2013-152, Laws of Florida) that directs all state universities, community

colleges, or agencies to prepare a business plan for the Board of Trustees’ review in determining

if it would lease or surplus the property. The statute directs the Board of Trustees to promulgate a

rule that specifies what information is to be furnished for the Board of Trustees to determine lease

or sale. The draft proposed rule intends to implement that statute.

Rulemaking under Chapter 120, F.S., is structured into three separate major steps: the Notice of

Development of Rulemaking, the Notice of Proposed Rule, and Certification, or adoption, of the

final rule. The Board of Trustees acts as agency head over rules in Title 18, F.A.C. Having

completed the first step of rule development, DEP seeks approval to proceed to the next two steps,

which, pursuant to section 120.54(1)(k), F.S., may not be delegated.

Board of Trustees


Page Four

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Item 2, cont.

A Notice of Proposed Rule is published in the Florida Administrative Register (F.A.R.) and

provides notice of the language intended to be adopted, pursuant to section 120.54(3)(a)1., F.S.

Following publication, any substantially affected person may submit written comments, request a

public hearing on the rule, or challenge the proposed rules. Additionally, staff to the Joint

Administrative Procedures Committee (JAPC) can provide comments on the proposed rule. If

DEP receives comments and proposes a Notice of Change to the proposed rule, DEP would return

to the Board of Trustees prior to filing the certification package (adoption). If, however, there are

no substantive changes that require a Notice of Change to the proposed rule, DEP asks in this

agenda item that the Board of Trustees authorize DEP to file the certification package for the

proposed rule attached.

Background

Notice of Development of Rulemaking: Pursuant to the Board of Trustees’ delegation, DEP may

initiate rulemaking and hold public workshops and hearings upon notification to the Cabinet

Offices. On May 28, 2015, DEP sent a memo to the Board of Trustees with Subject: Notice of

Intent to Initiate Rulemaking & Publish Notice of Development of Rulemaking. DEP, as staff to

the Board of Trustees, published a Notice of Development of Rulemaking for proposed

amendments to Chapter 18-1, F.A.C., in the F.A.R. on July 1, 2015.

Public Involvement: A workshop was held on July 22, 2015, but no members of the public

attended and no comments were received through correspondence.

JAPC Preliminary Review: Upon request from DEP, JAPC provided an initial review of the draft

rules and sent DEP preliminary comments. While such preliminary comments do not restrict JAPC

from providing further comment following publication of the Notice of Proposed Rule, DEP has

addressed JAPC’s initial comments.

Summary of Proposed Changes

Chapter 18-2, F.A.C., titled “Management of Uplands Vested in the Board of Trustees”, provides

policies and criteria for requests to use uplands titled to the Board of Trustees. With this

rulemaking effort, DEP seeks to amend four rules in this Chapter:

18-2.017 - Definitions.

o Update definitions to reflect changes in body of the rule and to eliminate

unnecessary definitions.

18-2.018 - Policies, Standards, and Criteria for Evaluating, Approving or Denying

Requests to Use Uplands.

o Set forth when equitable compensation may be waived when leasing to a nonprofit

corporation.

o Update Land Use Plan and Management Plan requirements to reflect changes in

Chapter 2013-152, Laws of Florida (codified in section 253.034(13), F.S.), and

remove unnecessary requirements.

Board of Trustees


Page Five

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Item 2, cont.

o

o Allows counties and municipalities to apply for an exchange of state-owned

uplands for privately-owned property.

18-2.019 - Procedures to Obtain Authorization.

o Remove outdated references to Development of Regional Impact (DRI) and

Preliminary Development Agreement (PDA) reviews.

o Update application requirements for state agencies, state universities, and Florida

College System institutions to require plan to be submitted to the Board of Trustees

when applying to use uplands as required by changes in Chapter 2013-152, Laws

of Florida (codified in section 253.034(13), F.S.)

18-2.020 - Payments and Consideration.

o Update rule to require appraisals when selling surplus land estimated to be valued

over $500,000 as required by changes in Chapter 2013-152, Laws of Florida

(codified in section 253.034(6)(g), F.S.) Update the determination of value for

private easements.

o Clarification that there is no fees for public easements.

o Update earnest money deposits for bids.


RECOMMEND APPROVAL

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Item 3 Jacksonville Port Authority Option Agreement/Restrictive Easement/Naval Station

Mayport

REQUEST: Consideration of (1) an option agreement to acquire a non-conservation base

buffering restrictive easement over approximately 5.85 acres from Jacksonville Port Authority;

and (2) designate the United States of America, by and through the Department of the Navy, Naval

Station Mayport as the monitor of the restrictive easement.



COUNTY: Duval

LOCATION: Section 30, Township 01 South, Range 29 East

Board of Trustees


Page Six

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Item 3, cont.

CONSIDERATION: $630,000

APPRAISED BY SELLER’S TRUSTEES’

Grainger APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (03/20/15) VALUE PRICE PRICE DATE

JaxPort 5.85 $700,000 $700,000 $11,075,000* $630,000** February 11, 2016

(90%)

* Seller assembled the property and purchased it October 1, 2007, June 11, 2008, and July 14, 2008.

** The appraisal stated the highest and best use of the property was Commercial/Industrial Waterfront Use and therefore was

appraised based on a price per square foot which is $2.47 per square foot. Fee Value was appraised at $4.6 million. The Trustees’

purchase price for the easement is 14% of the fee value.

STAFF REMARKS: The subject parcel is designated as a Tier 1 priority parcel in the Department

of Economic Opportunity/Florida Defense Support Task Force’s Military Base Protection

Program. This program originated in the 2012 Legislative session (chapter 2012-98, Laws of

Florida) and was created to assist Florida’s military bases with any potential encroachment

challenges from incompatible development that may require the base to alter their mission. This

program allows the Board of Trustees to acquire property, in fee or less-than-fee, around Florida’s

military bases. In 2014, the Legislature appropriated $7,489,975 (Chapter 2014-1, section 38.,

Laws of Florida) for the acquisition of non-conservation land adjacent to MacDill Air Force Base,

Naval Support Activity Panama City, and Naval Station (NS) Mayport for the purpose of securing

and protecting these installations against encroachment. With reductions in defense spending and the possibility of the next round of Base Realignment and Closure (BRAC), possibly in 2017, any incompatible development, and noise or pollution complaints could make any of Florida’s military bases vulnerable to BRAC action. This base employs approximately 10,700 personnel, both civilian and military, and is home to 17 ships and four squadrons, that reported in 2006 of having a $1.8 billion economic impact annually to the area. Naval Station (NS) Mayport Encroachment Impacts In NS Mayport's Encroachment Action Plan (EAP), the land use policy and planning, population

projections and waterfront redevelopment were identified as having strong impacts on the future

mission, security and training requirements for the installation. Additionally, based on the urban

development and airborne noise analysis and assessments, the use of land within the NS Mayport's

region of influence was considered as being not compatible.

The acquisition of this easement will purchase property interests directly adjacent to the Accident

Potential Zones (APZ) and near noise contours of 65 dB day/night average noise levels (DNL) or

greater. The APZ is an area at military airfields which is beyond the Clear Zone. The Clear Zone

is the area at the end of a military runway that has the highest potential of a crash. APZ 1 is at the

end of the Clear Zone and has the next highest potential of a crash right after takeoff and APZ 2 is

at the end of APZ 1 and has the next highest potential of a crash because planes are still ascending

Board of Trustees


Page Seven

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Item 3, cont.

and sometimes banking to the left or right to keep from flying over highly populated areas. The

Federal Aviation Administration states that a maximum DNL sound level of 65 dB is incompatible

with residential communities. Communities in affected areas may be eligible for mitigation such

as soundproofing.

Acquisition of property interests, such as this one, prevents concerns with security (the

Installation’s force protection). It will also provide sufficient development restrictions through a

restrictive easement to remove incompatible land uses, while allowing certain compatible land

uses, such as shopping and recreational areas that would not only be economically beneficial to

the community and blighted areas, but ensure the operational and mission capabilities of NS

Mayport. The City of Jacksonville supports its local military bases and it support this acquisition

of property interests to prevent incompatible development in order to protect NS Mayport and its

economic benefit. Project Description Pursuant to section 288.980, F.S., the Department of Environmental Protection (DEP) is to acquire specific non-conservation lands for base buffering, for the purpose of securing and protecting the installations against incompatible encroachments. There are three ownerships with multiple parcels, located near three installations, designated as top priority. This is the first acquisition of the program and DEP is proposing to acquire a restrictive easement (Easement). DEP will acquire the Easement, pursuant to section 253, F.S., which provides guidelines for acquisition of non-conservation lands. The Jacksonville Port Authority owns certain waterfront properties and had developed a proposal

to place incompatible development at the project site location. Both the location of Mayport

Village and the revised overlay regulations may prove to be attractive to developers. As such, it

is likely that interests for this area will continue. Eventually, new residential development is

expected and poses an operational risk to NS Mayport.

Easement Explanation The Easement was prepared in cooperation with the Navy and the owner. The Easement’s allowable uses to the grantee are as follows:

Rights of Grantor Entry - The right to enter onto the property at a reasonable time with five days notice to the grantor and grantee will not unreasonable interfere with grantor’s or any lessee’s use of the property; and

Assign to Federal Agency - Grantee may assign the easement to any federal agency without written approval so long as easement rights remain the same.

The grantor’s prohibited uses are as follows:

Height Restrictions - The construction or installation of anything with a height more than

52 feet above ground level (AGL) is prohibited, including trees, shrubs and vines which

must be trimmed or cut down to meet this height restriction;

Lighting - No direct lighting will be emitted above the horizontal plane. Lights, such as

streetlights, must be angled downward;

Board of Trustees


Page Eight

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Item 3, cont.

Other Operational and Training Hazards - Must notify the Navy and give 30 days notice

for anything that may cause training or operational hazard, such as prescribed burns;

Construction - Any construction must provide the Navy 30 days notice prior to permit

submission and any tenants or subtenants must comply with the terms of the restrictive

easement;

Density - Development is limited to five units per acre and no structure shall exceed 52

feet AGL; and

Cruise Ships - Includes all vessels used for recreational purposes capable of holding more

than 600 passengers and shall not include ferries or fishing vessels.

The grantor is allowed to develop the property for any and all lawful purposes subject to the

restrictions above and any city/county restrictions or permitting stipulations.

Mortgages and Liens/Encumbrances

All mortgages and liens will be satisfied at the time of closing. Therefore, DEP staff will review,

evaluate, and implement an appropriate resolution for these and any other title issues that arise

prior to closing. Closing Information A title insurance commitment, a survey, and an environmental site assessment will be provided by

the purchaser prior to closing.

Monitor

The subject parcel will be monitored by the Department of Navy, NS Mayport.

Comprehensive Plan

This acquisition is consistent with section 187.201(21), F.S., the Economy section of the State

Comprehensive Plan.


RECOMMEND APPROVAL

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Item 4 RBY, LLC Recommended Consolidated Intent/Lease Modification/Private Easement

REQUEST: Consideration of an application for (1) modification of an existing five-year

sovereignty submerged lands lease to (a) extend the term through 2031 (16 years); and (b) increase

the preempted area from 80,410 square feet to 121,202 square feet, more or less, for a 10-slip

commercial docking facility; (2) a ten-year sovereignty submerged lands private easement

containing 200,064 square feet (4.59 acres), more or less, for an access channel adjacent to the

commercial docking facility; (3) authorization for the placement of approximately 531 linear feet

Board of Trustees


Page Nine

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Item 4, cont.

of seawall; (4) authorization for the placement of approximately 3,131 linear feet of submerged

sheet pile wall; and (5) authorization for the severance of approximately 97,518 cubic yards of

sovereignty material.

VOTING REQUIREMENT FOR APPROVAL: Three votes

APPLICANT: RBY, LLC

Lease No. 500026896

Application No. 50-0165279-015

LOCATION: 1940 Avenue C, Riviera Beach

Lake Worth Lagoon, Palm Beach County

CONSIDERATION: $90,038.14 representing (1) $12,311.63 as the initial annual lease fee

computed at the base rate of $0.169299 per square foot, discounted 30 percent because 90 percent

of the slips are open to the public for rent on a first-come, first-served basis, pursuant to rule 18-

21.011(1)(b)2., F.A.C., and discounted 10 percent for participation in the Clean Marina Program,

pursuant to rule 18-21.011(1)(b)13.a., F.A.C.; (2) $1,726.51 as the one-time 25 percent surcharge

payment for the additional preempted area, pursuant to rule 18-21.011(1)(b)3., F.A.C.; and (3)

$76,000.00 as a one-time private easement fee, pursuant to rule 18-21.011(2)(b), F.A.C. The

extended term lease surcharge is waived because the facility is designated as a Clean Marina in

the Clean Marina Program, pursuant to rule 18-21.011(1)(b)13.b., F.A.C. The project qualifies for

the waiver of the severance fee, pursuant to rule 18-21.011(3)(c)1., F.A.C. Sales tax and county

discretionary sales surtax will be assessed pursuant to sections 212.301 and 212.054, F.S., if

applicable. The lease fee shall be adjusted based on six percent of the annual income if it proves

to be greater than the fee computed at the base rate, pursuant to rule 18-21.011(1)(a)1., F.A.C.

STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and

253.77(2), F.S., this "Recommended Consolidated Notice" contains a recommendation for

issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to

use sovereignty submerged lands under chapter(s) 253 (and 258), F.S. The Board of Trustees is

requested to act on those aspects of the activity which require authorization to use sovereignty

submerged lands.

The project is required to demonstrate that it is “not contrary to the public interest,” pursuant to

Article X, Section 11 of the Florida Constitution, chapter 253, F.S., and rule 18-21.004(1)(a),

F.A.C. The applicants have provided reasonable assurance that the proposal will maintain

essentially natural conditions; will not significantly impact fish and wildlife and other natural

resources, including public recreation and navigation; is consistent with the goals and objectives

of the “Conceptual State Lands Management Plan;” is consistent with the local government’s

comprehensive plan; and will not interfere with the riparian rights of adjacent property owners.

Therefore, the Department of Environmental Protection (DEP) is of the opinion that the proposal

is “not contrary to the public interest” and otherwise meets all applicable requirements for a

proprietary authorization to use sovereignty submerged lands.

Board of Trustees


Page Ten

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Item 4, cont.

Background On February 22, 2000, under delegation of authority, DEP executed a lease for a five-year term

from December 1998 through December 2003. The lease was issued to Acme 1930 Corporation

and authorized the preemption of 36,237 square feet of sovereignty submerged lands for the

operation of a 26-slip docking facility and cradle lift to be used in conjunction with an upland

yacht brokerage business. The lease has subsequently been renewed and modified by DEP, under

delegation of authority. The lease modifications included: (1) the reconfiguration of structures

within the lease boundary; (2) a change in upland ownership; and (3) the reduction of the

preempted area, from 36,237 square feet to 35,834 square feet, based on a revised survey.

On June 10, 2008, under delegation of authority, DEP executed a lease modification to combine

two leases into one lease. This lease modification authorized the preemption of 80,410 square feet

for the operation of a 57-slip docking facility and cradle lift for the mooring of recreational vessels

in conjunction with an upland boat sales, service, storage, and yacht brokerage business. On

August 13, 2014, under delegation of authority, DEP executed a five-year lease renewal, from

December 2013 through December 2018.

Project Detail The applicant is proposing to expand its existing 80,410-square-foot lease by increasing the

preempted area by an additional 40,792 square feet, for a new total of 121,202 square feet. The

applicant is proposing to reconfigure its existing commercial docking facility to provide repair

services to mega yachts ranging in length from 100 to 330 feet, with drafts up to 15 feet. The

proposed reconfiguration will reduce the number of slips from 57 to a maximum of 10.

The applicant is requesting a 4.59-acre private easement to dredge a channel and turning basin,

adjacent to the Intracoastal Waterway (ICW), to provide the mega yachts access from the ICW to

its docking facility.

In addition, the applicant is proposing to: (1) replace its existing 653-linear-foot seawall with a

new 531-linear-foot seawall that will be installed in a modified configuration by excavating

approximately 84 cubic yards of upland material; (2) install a vessel lift system (i.e. an elevator

system capable of removing mega yachts up to 300 feet in length from the water); (3) install 1,172

linear feet of submerged sheet pile wall along the north side of the docking facility and access

channel and 1,204 linear feet of submerged sheet pile wall along the south side of the docking

facility and access channel; and (4) install 755 linear feet of submerged sheet pile wall around the

perimeter edge of the new vessel lift.

The applicant also owns a marina facility nearby in West Palm Beach, just south of this facility.

The applicant has submitted an application requesting a modification to its West Palm Beach

facility so that the two facilities can work together to provide repair services to the mega yachts.

Once the two projects are completed, the majority of vessels will first check-in at the West Palm

Board of Trustees


Page Eleven

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Item 4, cont.

Beach facility, where they will attain dockage and be prepared to be hauled out of the water and

will then be towed north through the ICW into the Riviera Beach facility's haul-out slip. Upon

completion of repair work at the Riviera Beach facility, the vessels will be placed back into the

water and return to the West Palm Beach facility for dockage.

The applicant is also requesting to modify the existing five-year lease by extending the term

through 2031 (16 years) to be coterminous with its lease for the West Palm Beach facility. The

applicant qualifies for the extended term, pursuant to rule 18-21.008(2)(a)1., F.A.C. A minimum

of 90 percent of all the slips will be maintained on an open to the public, first-come, first-served

basis and this requirement has been included as a special lease condition.

Dredging

The applicant is proposing to dredge approximately 97,518 cubic yards of sovereignty material

from the proposed lease and easement areas to obtain adequate depths for navigation for the mega

yachts proposed to use the docking facility. The applicant is proposing to dredge the: (1) basin of

the docking facility to -17 feet mean low low water (MLLW); (2) vessel lift area to -40 to 45 feet

MLLW; and (3) access channel and turning basin to -14 feet MLLW.

In order to minimize environmental impacts, the turning basin and channel were significantly

narrowed by imposing an operational restriction which limits entry/exit by the largest, deepest

draft vessels to slack water periods at high tide. These large vessels shall require tug-assisted

passage between the Port of Palm Beach turning basin and Riviera Beach facility. This

minimization measure greatly reduces the total square feet of dredging area and allows for a

shallower depth in the access channel. Because vessels will be docked at low tide at the facility,

the basin will be dredged to -17 feet MLLW to account for the tidal difference between mean high

high water and MLLW and ensure that vessels will not disturb or rest on the bottom in the basin.

The applicant is proposing to use a portion of the dredge material to fill 5 acres of the Old Port

Cove dredge hole as a beneficial use of the dredged material. The dredge hole to be filled is deeper

than -10 feet MLW and approximately 33,495 cubic yards of dredge material will be needed to

raise the elevation of the unfilled portion of the dredge hole to -8 feet MLW. The proposed fill

will be graded to the existing adjacent areas at a 3:1 slope in order to achieve elevations suitable

for seagrass growth. In addition, the applicant intends to pursue beneficial use of the remaining

64,023 cubic yards of dredged material by donating it to Palm Beach County for planned future

restoration projects within Lake Worth Lagoon. The project qualifies for a waiver of the severance

fee, pursuant to rule 18-21.011(3)(c)1., F.A.C., because the material will be placed on public

property and used for public purposes.

Mitigation Approximately 3.99-acres of seagrass and seagrass habitat will be permanently impacted as a result of the proposed dredging. In order to offset these impacts the applicant has conducted the following up front mitigation:

Board of Trustees


Page Twelve

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Item 4, cont.

Little Munyon Island In 2006, the applicant purchased a privately-owned, partially submerged, 17.54-acre parcel of land known as Little Munyon Island, within the Lake Worth Lagoon, as part of the mitigation for the 2006 Rybovich West Palm Beach Expansion (50-0162161-006). The mitigation conducted at Little Munyon Island for the 2006 application consisted of the installation of a 1,080-linear-foot riprap breakwater to protect 9.48 acres of submerged lands for seagrass recruitment. At the time of the 2006 West Palm Beach application, it was identified that there was additional area for seagrass restoration at the southern portion of the privately-owned, submerged parcel. With DEP’s concurrence, the applicant installed an additional 440 linear feet of riprap breakwater to protect an additional 6.62 acres of submerged lands for seagrass recruitment as upfront mitigation for a proposed future expansion at Riviera Beach. The riprap breakwater was fully constructed in 2009 and was monitored for three years for seagrass recruitment. In 2014, DEP formally determined that the mitigation had met success criteria. Old Port Cove Dredge Hole In addition, the applicant used the dredge material from the 2006 West Palm Beach Expansion to fill 6.82 acres of the dredge hole to a suitable elevation for seagrass recruitment (-8 feet MLW). The anoxic dredge hole was approximately -16 feet MLW which is too deep to support seagrass and also contained muck sediments which is not a suitable substrate for seagrass recruitment. The filling of the dredge hole was completed in 2008 and formally determined to meet success criteria in 2014. The Uniform Mitigation Assessment Method (UMAM) was used to evaluate the proposed impact area (3.99 acres of seagrass and seagrass habitat) as well as the two upfront mitigation areas (Little Munyon Island and Old Port Cove dredge hole) to confirm that the mitigation would offset the proposed seagrass impacts. Based on the analysis, the combined upfront mitigation areas provide more than enough mitigation with potential mitigation available for a future project with Rybovich.

Private Easement A private easement is required for the proposed access channel. DEP’s Bureau of Appraisal hired

an independent appraiser to conduct an appraisal to determine the value of the easement and the

enhanced value of the easement, pursuant to rule 18-21.011(2)(b), F.A.C. The applicant paid for

the appraisal. DEP’s Bureau of Appraisal accepted the conclusion of $76,000 for the easement

value with no enhanced value.

Noticing

The lease modification request was noticed to property owners within a 500-foot radius of the

project, pursuant to section 253.115, F.S., and rules 18-21.004(1)(m) and 18-21.005(3), F.A.C.,

and no objections were received.


RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITION,

THE SPECIAL LEASE CONDITIONS, AND PAYMENT OF $90,038.14

Board of Trustees


Substitute Page Thirteen

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Substitute Item 5 Blickman Properties, Inc. (Sunglow Pier) Recommended Consolidated

Intent/Lease Modification/Determination/Exception

REQUEST: Consideration of (1) a determination that the expansion of the lease area which will

incorporate non-water dependent structures is in the public interest pursuant to rule 18-

21.004(1)(g), F.A.C.; (2) approval of the addition of 5,000 square feet, of which 1,934 square feet

of the proposed expansion is to accommodate additional non-water dependent structures; (3)

approval of an exception to a setback without obtaining a letter of concurrence referenced in rule

18-21.004(3)(d), F.A.C., from the affected riparian upland owner on the south side of the

applicant’s property; and (4) an application for a modification of a 25-year sovereignty submerged

lands lease to contain a total of 19,132 square feet, more or less, for a commercial fishing pier with

an over-water restaurant, marine retail (bait/gift shop), equipment storage, and two fish cleaning

stations.

VOTING REQUIREMENT FOR APPROVAL: Three votes

APPLICANT: Blickman Properties, Inc., a/k/a Sunglow Pier

Lease No. 641364214

Joint Coastal Permit Application No. 0312780-002-JC

LOCATION: 3701 South Atlantic Avenue, Daytona Beach Shores

Atlantic Ocean, Volusia County

CONSIDERATION: $11,166.37 representing (1) $2,911.60 as the initial annual lease fee

computed at the base rate of $0.169299 per square foot for a total of 17,198 square feet; (2)

$6,500.00 (based on an appraisal) as the annual lease fee for 1,934 square feet associated with the

non-water dependent uses (restaurant, bait/gift shop, restrooms, office); and (3) $1,754.77 as the

one-time 25 percent surcharge payment for the additional 5,000 square feet, pursuant to rule 18-

21.011(1)(b)3., F.A.C.

STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and

253.77(2), F.S., this "Recommended Consolidated Notice" contains a recommendation for

issuance of both a Joint Coastal Permit required under chapter 161, F.S., and part IV of chapter

373, F.S., and authorization to use sovereignty submerged lands under chapter 253, F.S. The Board

of Trustees is requested to act on those aspects of the activity that require authorization to use

sovereignty submerged lands.

Background

Sunglow Pier is a privately-owned wooden pier that has operated as a commercial fishing and

sightseeing pier since its construction in 1960. The pier receives approximately 275,000 visitors

per year. The applicant purchased the pier in 1970, sold it in 1978, and then repurchased it and

began renovations in 1986.

Board of Trustees


Substitute Page Fourteen

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Substitute Item 5, cont.

From 1987 through 1992, the former Department of Environmental Regulation (DER) issued

permits for repair, reconstruction, and expansion activities related to the over-water restaurant and

marine retail buildings. In 1988, the former Department of Natural Resources (DNR) granted a 5-

year sovereignty submerged lands lease, later modified to a 25-year term, to construct and operate

the activities authorized under the permits.

Subsequent to the DER and DNR merger, the Department of Environmental Protection (DEP)

issued permits in 1997 and 2001 to build a roof over the existing seating area, add additional

bathrooms and storage room on top of the pier, and add a six-foot cantilevered deck on both the

north and south sides of the pier. The deck permit was later modified to add a 651-square-foot

deck. In 2012, the applicant applied for a Joint Coastal Permit and sovereignty submerged lands

lease modification to expand the pier by 4,768 square feet but the application was withdrawn on

August 6, 2013.

A lease site inspection was conducted on August 10, 2015, and the facility was found to be in

compliance.

Project Detail

Sunglow Pier is located on the Atlantic Ocean, in the City of Daytona Beach Shores, just south of

Daytona Beach, and 6 miles north of Ponce Inlet. Currently, the pier is operating under Lease No.

641364214, a 25-year lease that expires on April 26, 2038, which preempts 14,132 square feet of

sovereignty submerged lands. The existing lease authorizes approximately 4,500 square feet of

non-water dependent uses, including a restaurant, bathrooms, a bait/gift shop, and rod and tackle

storage lockers. The applicant is seeking to preempt an additional 5,000 square feet of sovereignty

submerged lands for the purposes of renovating the pier structure, expanding the restaurant and

bathrooms, adding a small office, and providing additional covered and uncovered decking for pier

patrons, for a new total preemption of 19,132 square feet. All of these areas will be either open to

the public or will be used to provide service to the public.

Not Contrary to the Public Interest Determination The proposed project is required to demonstrate that it is “not contrary to the public interest,”

pursuant to Article X, Section 11 of the Florida Constitution and rule 18-21.004(1)(a), F.A.C. The

applicant has provided reasonable assurance that the proposed project will maintain essentially

natural conditions; will not significantly impact fish and wildlife and other natural resources,

including public recreation and navigation; is consistent with the goals and objectives of the

“Conceptual State Lands Management Plan”; is consistent with the local government’s

comprehensive plan; and will not interfere with the riparian rights of adjacent property owners.

Therefore, DEP is of the opinion that the proposal is “not contrary to the public interest” and

otherwise meets all applicable requirements for a proprietary authorization to use sovereignty

submerged lands, pursuant to Article X, Section 11 of the Florida Constitution, chapter 253, F.S.,

associated rule 18-21, F.A.C., and the direction of the Board of Trustees.

Board of Trustees


Substitute Page Fifteen

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Public Interest Determination for Non-Water Dependent Activities

Sunglow Pier is a commercial operation that provides the public with access to the waters of the

Atlantic Ocean for dining, sightseeing and fishing. A fee is charged to access the fishing area of

the pier, which is located seaward of the commercial restaurant and dining area. However,

currently there are no fees charged for the upland parking or for sightseeing on the pier. In order

to continue to provide these public services and maintain the operation and safety of the pier, the

applicant is proposing expansions to previously-approved, non-water dependent uses. Pursuant to

rule 18-21.004(1)(g), F.A.C., use of sovereignty lands for non-water dependent activities is

allowed only if “it is in the public interest” based on a case by case evaluation.

As stated in section 253.03(15),F.S., “The Board of Trustees of the Internal Improvement Trust

Fund shall encourage the use of sovereign submerged lands for water-dependent uses and public

access.” The proposed project will enhance the public access to, and use of, the ocean for fishing

and sightseeing, will expand food service to tourists and locals, and will provide additional public

restroom facilities for pier patrons and beachgoers. The applicant makes its restrooms available

to the beach-going public at no charge, which provides a much-needed “public” restroom facility

for the area. Continued public access to the restrooms will be assured through a special lease

condition. Also, the existing pier if allowed to expand will have more and wider covered and

uncovered decking that will provide greater access to the ocean experience for the disabled, who

are unable to easily negotiate the beach environment. In addition, many people find the sun, sand,

and exposure to the beach elements overwhelming, but can experience and enjoy the beach

atmosphere from the more protected environment of the pier, including its sheltered back porch.

The slight expansion is expected to provide 40 new additional jobs and provide a boost to the

area’s economy. DEP is of the opinion that the proposed expansion for non-water dependent

activities is in the public interest, as it is an expansion of a previously-approved lease which

included non-water dependent activities. The previously-approved lease was approved by the

Board of Trustees on April 26, 1988. This proposed expansion will encourage both water-

dependent uses and public access as referenced in section 253.03(15), F.S.

Expansion of the non-water dependent activities is also necessary to provide sufficient revenue to

finance the renovation and maintenance of the pier structure in order to protect the public safety.

The routine pier maintenance requires at least $55,000 per year, assuming no major structural

projects, and requires two full-time employees. The applicant is not eligible to receive any public

funds to operate, maintain, or renovate the private pier, often cannot secure insurance for the pier,

and is not eligible for Federal Emergency Management Agency disaster assistance.

The proposed project is the subject of Joint Coastal Permit Application Number 0312780-002-JC.

As part of the review of this application, DEP reviewed and analyzed all potential environmental

effects of the project. DEP has been provided reasonable assurance that the proposed expansion

will not adversely affect the environment. There are no seagrasses or hardbottom resources in the

project area, and the applicant has agreed to install window tinting and turtle lighting in order to

further minimize any potential lighting impacts to sea turtles.

Board of Trustees


Substitute Page Sixteen

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Noticing/Interested Parties

The lease modification request was noticed to property owners, within a 500-foot radius of the

proposed lease boundary, and other interested parties, pursuant to rule 18-21.004(1)(m), F.A.C.

Fourteen property owners were specifically noticed and no objections were received.

Letters of Concurrence

The lease modification request includes an expansion area that is within the 25-foot setback on

both sides of the applicant’s riparian lines. An applicant is excepted from those setbacks if it meets

any of the requirements of rule 18-21.004(3)(d), F.A.C. The applicant received a letter of

concurrence from the adjacent upland riparian owner to the north. However, the affected owner

to the south initially was in agreement to sign a letter of concurrence if the applicant allowed the

condominium owners certain privileges including, but not limited to, free dining at the pier

restaurant. The applicant, in response, contacted the affected owner about reconsidering their

demands but the owner would not agree with the request to sign a letter of concurrence. Based on

the facts in this matter, DEP is recommending the Board of Trustees approve an exception to the

setback without the letter of concurrence due to the applicant’s minimal riparian area and the

existing pier has historically (pre-rule) been within the 25-foot setback.


RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS AND

PAYMENT OF $11,166.37

******************************************************************************

Item 6 Big Bend Seagrasses Aquatic Preserve Management Plan

REQUEST: Consideration of a request to approve the Big Bend Seagrasses Aquatic Preserve

Management Plan.



COUNTIES: Wakulla, Jefferson, Taylor, Dixie, and Levy

APPLICANT: Florida Department of Environmental Protection’s Office of Coastal and Aquatic

Managed Areas (CAMA)

LOCATION: The Big Bend Seagrasses Aquatic Preserve (BBSAP) is the largest aquatic preserve

in Florida, extending from Apalachee Bay southward to the Withlacoochee River. It includes

portions of Wakulla, Jefferson, Taylor, Dixie, and Levy counties in Florida’s big bend region.

Board of Trustees


Page Seventeen

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Item 6, cont.

STAFF REMARKS:

Overview

BBSAP was designated by the Florida Legislature in 1985 and covers more than 984,000 acres of

state-owned sovereign submerged lands. Under Chapter 258, Part II, F.S., aquatic preserves are

set aside to be maintained in essentially natural condition for the benefit of future generations.

This portion of the coast is unique in that it is an extensive area with no offshore barrier islands,

where a number of rivers, creeks, and marshes discharge directly into the Gulf of Mexico. It is

also distinctive in its karst geology, characterized by porous limestone rock which allows water to

reach the surface in springs and disappear underground into the Floridan Aquifer. As a result of

these mature karst features, numerous sinks, springs, caverns and underground corridors are

exclusive to this area. BBSAP is most notable for the extensive seagrass beds and salt marshes

that provide critical habitat to a multitude of marine species. These vital communities also help

oxygenate the water column, stabilize sediments, recycle nutrients, and provide ideal conditions

for high biodiversity and species richness. These communities are also home to several species of

special concern such as the West Indian manatee and federally listed species such as the

Leatherback sea turtle.

In addition to a significant coastal area, BBSAP includes seven major rivers, listed from north to

south the Wakulla, St. Marks, Aucilla, Econfina, Steinhatchee, Suwannee, and Waccasassa. The

tributaries that feed these rivers receive spring discharge from the Floridan Aquifer System. Much

of the freshwater entering local estuaries within BBSAP is delivered by way of numerous streams

and tidal creeks originating from seeps, springs and wetland systems within drainage basins. The

constant interplay between the surface and groundwater has created the stunning springs and sinks

that are visited by thousands of tourists annually.

BBSAP allows for significant public access and numerous recreational activities, while also

supporting aquaculture leases, commercial and recreational fishing, and shellfish harvesting. It is

estimated that more than $20 million in revenue is generated from commercial fishing and clam,

oyster, and shellfish harvesting in and around the aquatic preserve annually.

Management Plan Public Involvement

The management plan is the result of several years of work from initial drafting to seeking the

Board of Trustees’ final approval. The following opportunities for public participation were

provided:

One advisory committee meeting: June 21, 2012.

Three public meetings: June 19, 2012, June 20, 2012, and April 11, 2014 (Acquisition and

Restoration Council) to receive public comment on the draft management plan.

Board of Trustees


Page Eighteen

******************************************************************************

Item 6, cont.

Management Plan Overview

The hallmark of Florida’s Aquatic Preserve Program is that each site’s natural resource

management efforts are designed in direct response to unique local and regional issues. In this

management plan, BBSAP characterizes its goals, objectives, and strategies that will set the

framework for meeting the challenges presented by the site’s management needs. The goals,

objectives, and strategies employed for BBSAP are specific to the ecological and socioeconomic

conditions present within and around this site.

The management plan identifies the following goals:

Water Quality Goals:

o Further develop and improve the strategic, long-term water quality monitoring

program within BBSAP that will assist with identifying and addressing items

pertaining to the natural resources.

o Identify specific and emerging water quality challenges related to nutrients,

pollution, and environmental, contaminants, and with coordination from other

agencies, develop a response strategy to these items.

o Ensure the sustainability of scallop, fish, salt marsh, seagrass habitat, and other

concerned species through the development of a tiered approach to water quality

monitoring that integrates biological assessments and multiple tools to define a core

set of baseline indicators to possibly explain causes and/or sources of any

impairment within BBSAP.

Management and Protection of Seagrasses Goal:

o Manage seagrass communities through research and monitoring, education and

outreach efforts, continued resource management and collaborative mapping

efforts with other state agencies to effectively protect and maintain this habitat as a

valuable, natural resource throughout BBSAP.

Public Access and Use Goals:

o Maintain a safe and natural environment for Big Bend’s wildlife, habitats and user

groups.

o Promote low-impact, sustainable recreational opportunities without restricting

access.

Obstacles in Natural Resource Management Goals:

o Document the natural resources in BBSAP.

o Educate the public about the importance of BBSAP’s history, natural resources,

and cultural resources.

Acquisition and Restoration Council

The Acquisition and Restoration Council approved the following management plan at its April 11,

2014 meeting.

Board of Trustees


Page Nineteen

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Item 6, cont.

The management plan can be accessed at

http://publicfiles.dep.state.fl.us/CAMA/plans/aquatic/Big_Bend_Seagrasses_Aquatic_Preserve_

Management_Plan.pdf or visit BBSAP’s homepage at

http://www.dep.state.fl.us/coastal/sites/bigbend/plan.htm (click on Big Bend Seagrasses Aquatic

Preserve Management Plan).


RECOMMEND APPROVAL

******************************************************************************

Item 7 Wekiva River Aquatic Preserve Management Plan

REQUEST: Consideration of a request to approve the Wekiva River Aquatic Preserve

Management Plan.



COUNTIES: Lake, Orange, Seminole, and Volusia



LOCATION: The Wekiva River Aquatic Preserve (WRAP), which includes parts of the Middle

St. Johns River, are located in central Florida, approximately 20 miles north of downtown Orlando.

STAFF REMARKS:

Overview

WRAP was created by the Florida Legislature in 1975 and amended in 1985. It includes

approximately 64 miles of waterways (rivers, creeks, oxbows, and former river channels) and 850

acres of open water (primarily in Lake Beresford). The original boundaries included all the

sovereign submerged lands in Wekiwa Spring Run and Wekiva River; parts of Rock Spring Run,

Black Water Creek, and the Little Wekiva River; the 1985 expansion added 19 miles of the Middle

St. Johns River (including Lake Beresford and several oxbows and dead-end channels).

Ecology. Under Chapter 258, Part II, F.S., aquatic preserves are set aside to be maintained

in essentially natural condition for the benefit of future generations. WRAP was designated

because of its significant biological value. Due to the karst environments and latitude

straddling two climatic zones, the aquatic preserve supports a unique combination of

temperate and subtropical aquatic species. Approximately 77,000 acres within the Wekiva

http://publicfiles.dep.state.fl.us/CAMA/plans/aquatic/Big_Bend_Seagrasses_Aquatic_Preserve_Management_Plan.pdf

http://publicfiles.dep.state.fl.us/CAMA/plans/aquatic/Big_Bend_Seagrasses_Aquatic_Preserve_Management_Plan.pdf

http://www.dep.state.fl.us/coastal/sites/bigbend/plan.htm

Board of Trustees


Page Twenty

******************************************************************************

Item 7, cont.

and Middle St. Johns River basins are managed by state and local agencies as state parks,

state preserves or state forest. Activities impacting the water resources within these public

lands are coordinated with aquatic preserve staff.

The Wekiva River and Middle St. Johns River systems are resources of historic,

environmental and economic significance. Their basins and springsheds are of

irreplaceable value to the quality of life and well-being of the people of the State of Florida.

In addition to the aquatic preserve designation, the Wekiva River and its tributaries have

been designated a National Wild and Scenic River, an Outstanding Florida Water (OFW),

a Florida Scenic and Wild River, a State Canoe Trail, and Regionally Significant. The

Middle St. Johns River is designated an American Heritage River, an OFW, and portions

of the system are a Florida Manatee Sanctuary. The aquatic preserve is the heart of the

Wekiva-Ocala ecological corridor, which contains more than 75,000 acres of conservation

lands with 35 identified spring groups, home to thousands of plant and animal species and

green space for the visitors and residents of central Florida. WRAP consist primarily of

nine different communities as described by Florida Natural Areas Inventory. These include

spring-run stream, floodplain swamp, hydric hammock, aquatic cave, bottomland forest,

floodplain marsh, slough marsh, blackwater stream, and river floodplain lake / swamp lake.

The natural communities provide habitat for 19 listed animal and plant species including

West Indian manatee, wood stork, Florida sandhill crane, cardinal flower, Okeechobee

gourd, and blue-nose shiner.

Public Access. WRAP provides numerous opportunities for a variety of popular resource-

based recreation activities. The aesthetic value of the rivers and associated floodplains

coupled with the abundance of fish and wildlife, with many species often easily observable,

set the stage for such activities as birdwatching, photography, painting and paddling.

Boating and fishing are common activities, especially near public access points, and canoe

and kayak stopovers provide access to public hiking trails along the rivers.

Historical Resources. Within the confines of WRAP, the Department of State’s Division

of Historical Resources has identified 43 archaeological/historical sites, 2 historical bridges

and 1 site listed in the National Register of Historic Places (Twin Mounds Archaeological

District). Numerous other cultural and historical sites are in the immediate vicinity of

aquatic preserve boundaries. Over 70 other sites are registered within the adjacent multi-

agency conservation buffers surrounding the aquatic preserve. It is recognized that

additional middens remain undiscovered while many others were destroyed when they

were excavated for building materials.




provided:

One advisory committee meeting: October 3, 2012.

Board of Trustees


Page Twenty-one

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Item 7, cont.

Three public meetings: October 1, 2012, October 2, 2012, and October 17, 2014 (Acquisition

and Restoration Council) to receive public comment on the draft management plan.




management plan, WRAP characterizes its goals, objectives, and strategies that will set the


objectives, and strategies employed for WRAP are specific to the ecological and socioeconomic



Water Quality Goal:

o Protect areas with good water quality and where necessary, improve water quality

to maximize utility for natural resource and public needs.

Water Quantity Goal:

o Support ongoing initiatives by the St. Johns River Water Management District,

counties, municipalities and others working to better understand and mitigate

decreased flow conditions for the Wekiva River and Middle St. Johns River

systems.

Recreational Use Goal:

o Enhance the public experience in aquatic preserve waters by providing educational

opportunities.

Aquatic Debris Goal:

o Reduce the amount of debris in WRAP.

Wildlife and Habitat Goal:

o Increase native habitat and decrease invasive and exotic species within WRAP.

Cultural and Historical Resources Goal:

o Reduce impacts of current recreational activities on cultural resources, improve

educational opportunities for appropriate sites, restore degraded sites where

feasible.

Emergency Preparedness Goal:

o To the extent feasible, be prepared for hurricanes, tropical storms, or other events.


The Acquisition and Restoration Council approved the following management plan at its October

17, 2014 meeting.


http://publicfiles.dep.state.fl.us/CAMA/plans/aquatic/Wekiva_River_Aquatic_Preserve_Manage

ment_Plan_2014.pdf or visit WRAP’s homepage at

http://www.dep.state.fl.us/coastal/sites/wekiva/ (click on Wekiva River Aquatic Preserve

Management Plan).

http://publicfiles.dep.state.fl.us/CAMA/plans/aquatic/Wekiva_River_Aquatic_Preserve_Management_Plan_2014.pdf

http://publicfiles.dep.state.fl.us/CAMA/plans/aquatic/Wekiva_River_Aquatic_Preserve_Management_Plan_2014.pdf

http://www.dep.state.fl.us/coastal/sites/wekiva/

Board of Trustees


Page Twenty-two

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Item 7, cont.

(See Attachment 7, Page 1)

RECOMMEND APPROVAL

******************************************************************************

Item 8 Estero Bay Aquatic Preserve Management Plan

REQUEST: Consideration of a request to approve the Estero Bay Aquatic Preserve Management

Plan.



COUNTY: Lee



LOCATION: The Estero Bay Aquatic Preserve (EBAP) is located in southwest Florida,

approximately 10 miles south of Fort Myers. It is situated between the Town of Fort Myers Beach,

the City of Bonita Springs, and certain unincorporated areas of Lee County including Estero, San

Carlos Park, and south Fort Myers.

STAFF REMARKS:

Overview

EBAP, originally established as an Offshore Preserve in 1966, is Florida’s first aquatic preserve.

The aquatic preserve boundaries encompass nearly 11,000 acres of state-owned sovereign

submerged lands occurring below the mean high water line of Estero Bay. From north to south,

the bay is nearly 11 miles long and ranges from 1.75 to 7 miles wide. Several freshwater tributaries

form the rivers, creeks, and streams that feed the bay from its northern and eastern areas.

Ecology. Under Chapter 258, Part II, F.S., aquatic preserves are set aside to be maintained

in essentially natural condition for the benefit of future generations. EBAP falls within the

subtropical biogeographic zone. EBAP is comprised of oligohaline (low salinity) and

estuarine habitat types and is surrounded by a variety of upland communities that buffer

the bay from outside influences. EBAP provides important habitat and foraging areas for

many species listed as Endangered, Threatened, or Species of Special Concern (SSC) by

either the federal government or by the Florida Fish and Wildlife Conservation

Commission. Little blue heron, reddish egret, snowy egret, tricolored heron, and white ibis

are all listed by the state as SSC and rely on mangrove islands in and around the EBAP as

Board of Trustees


Page Twenty-three

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Item 8, cont.

nesting colonies. In the seagrass beds, federally-designated endangered Florida manatees

and Atlantic green turtles feed on grasses while federally-designated threatened Atlantic

loggerhead turtles search for mollusks and crustaceans. Federally-designated endangered

Kemp’s ridley turtles and smalltooth sawfish are also known to utilize the bay, while

federally-designated endangered leatherback turtles have been documented offshore.

Portions of Estero Bay have been designated as critical smalltooth sawfish habitat by the

National Oceanic and Atmospheric Administration.

Public Access. Water-dependent activities are extremely popular with residents and

visitors alike. Boating, kayaking, and personal water crafts are all commonly found in the

estuary, and recreational fishing and nature photography and observation are popular

activities throughout the bay. Within the vicinity of the EBAP there are no fewer than 6

canoe/kayak rental facilities, 6 canoe/kayak launches, 11 public boat ramps, 12 marinas,

and numerous personal water craft and boat rental operators.

Historical Resources. The Department of State’s Division of Historical Resources

identified several archaeological and historical sites between 1997 and 2001 within or near

EBAP.




provided:

One advisory committee meeting: May 7, 2013.

Two public meetings: May 6, 2013 and August 15, 2014 (Acquisition and Restoration

Council) to receive public comment on the draft management plan.




management plan, EBAP characterizes its goals, objectives, and strategies that will set the


objectives, and strategies employed for EBAP are specific to the ecological and socioeconomic



Water Quality Goals:

o Advance scientific understanding of the health of Estero Bay in relation to its water

quality.

o Reduce potential threats to EBAP from point and non-point sources of pollution.

Coastal and Watershed Development Goal:

o Protect and improve the ecological integrity of the EBAP.

Board of Trustees


Page Twenty-four

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Item 8, cont.

Submerged Resources Goals:

o Advance scientific understanding of the health of Estero Bay in relation to its

submerged resources.

o Preserve and protect submerged resources within EBAP.

Wading and Diving Colonial Nesting Birds Goals:

o Preserve and protect wading and diving bird colonies.

o Preserve and protect wading bird nesting islands.

Public Use and Access Goals:

o Assist federal, state and local agencies, and organizations in managing public use

and access while protecting natural resources.

o Provide public education and outreach opportunities.


The Acquisition and Restoration Council approved the following management plan at its August

15, 2014 meeting.


http://publicfiles.dep.state.fl.us/cama/plans/aquatic/Estero_Bay_Aquatic_Preserve_Management

_Plan_2014.pdf or visit EBAP’s homepage at http://www.dep.state.fl.us/coastal/sites/estero/ (click

on Maps and Other Publications then Estero Bay Aquatic Preserve Management Plan).

(See Attachment 8, Page 1)

RECOMMEND APPROVAL

******************************************************************************

Item 9 DEP’s Proposed Quarterly Performance Accountability and Annual Reporting

Measures

REQUEST: Consideration of the Department of Environmental Protection’s proposed quarterly

performance accountability and annual reporting measures.



STAFF REMARKS: The proposed quarterly performance accountability and reporting measures

were submitted to the Governor and Cabinet at the September 29, 2015 Cabinet Meeting as

directed by the Cabinet Governance Guidelines (Guidelines) approved at the March 10, 2015

Cabinet Meeting. The Guidelines request that all cabinet agencies or agency heads appointed

and/or approved by the Governor and Cabinet present quarterly performance accountability and

reporting measures.

http://publicfiles.dep.state.fl.us/cama/plans/aquatic/Estero_Bay_Aquatic_Preserve_Management_Plan_2014.pdf

http://publicfiles.dep.state.fl.us/cama/plans/aquatic/Estero_Bay_Aquatic_Preserve_Management_Plan_2014.pdf

http://www.dep.state.fl.us/coastal/sites/estero/

Board of Trustees


Page Twenty-five

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Item 9, cont.

The Department of Environmental Protection (DEP) has established quarterly performance

measures that reflect standards essential to effectively manage and protect resources, as well as

provide public recreation on state-owned lands. As requested, the final submission of the proposed

quarterly performance accountability and annual reporting measures is on the October 27, 2015

Cabinet Meeting agenda.

Division of State Lands (DSL)

DSL oversees approximately 3.2 million acres of conservation and non-conservation lands which

are titled to the Board of Trustees. Of these, approximately 3.1 million acres are conservation

lands and 120,000 acres are non-conservation lands.

As staff to the Board of Trustees, DSL is responsible for acquiring land, reviewing management

plans, and authorizing activities on all state lands owned by the Board of Trustees. DSL oversees

the Florida Forever conservation land acquisition program and manages activities on Board of

Trustees-owned and sovereignty submerged lands. DSL makes the most of its funding by utilizing

beneficial acquisition practices, including partnerships and strategic negotiation efforts. DSL’s

performance measures comprehensively evaluate and monitor the degree to which these

requirements are being met.

Land Management Uniform Accounting Council (LMUAC)

LMUAC was created by the Florida Legislature in 2000 with the enactment of section 259.037,

F.S. LMUAC is comprised of representatives from DSL and state agencies that manage Board of

Trustees-owned land.

LMUAC developed a uniform method of compiling accurate costs of land management activities,

as well as reporting data such as economic impact to local communities, total visitors, volunteer

hours, acres treated for invasive exotics, and acres burned. The information is reported annually

in report form to the Acquisition and Restoration Council and Board of Trustees. The data

contained within the Board of Trustees’ Annual Reporting Measures has been extracted from the

LMUAC 2015 Annual Report that was presented to and accepted by the Acquisition and

Restoration Council (ARC) on October 16, 2015. The ARC item and 2015 Annual Report can be

obtained using the following link:

http://www.dep.state.fl.us/lands/ARC/Agendas/2015/Sep/Item12_LMUAC.pdf.

Division of Recreation and Parks (DRP)

DRP manages 174 three-time gold-medal award-winning park and trail properties, spanning more

than 788,000 acres with 100 miles of sandy white beaches and more than 1,500 miles of multi-use

trails. State parks include freshwater springs, beaches, aquatic preserves, ornamental gardens,

forts, museums, and lighthouses. DRP offers hiking, biking, swimming, horseback riding,

canoeing and kayaking, camping, picnicking, cabin rentals, viewing threatened plant and animal

species, or quiet relaxation.

http://www.dep.state.fl.us/lands/ARC/Agendas/2015/Sep/Item12_LMUAC.pdf

Board of Trustees


Page Twenty-six

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Item 9, cont.

DRP is responsible for providing resource-based public recreation while preserving, interpreting

and restoring the state's natural and cultural resources. DRP’s reporting measures monitor the

progress and management of state-owned lands for conservation and restoration, as well as public

enjoyment. Prescribed burning and exotic invasive species removal are two of the essential natural

resource management techniques. Reporting visitation is an indication of public awareness.

Office of Coastal and Aquatic Managed Areas (CAMA)

CAMA protects natural resources on state-owned sovereign submerged lands and coastal uplands

through administration of the state's 41 aquatic preserves, three National Estuarine Research

Reserves, the Florida Keys National Marine Sanctuary, and the Coral Reef Conservation Program.

CAMA also administers the Florida Coastal Management Program, which coordinates statewide

participation of the Governor’s South Atlantic Alliance and Gulf of Mexico Alliance.

Aquatic Preserves are submerged lands of exceptional ecological character to be maintained in

their natural or existing conditions for future generations. The 41 aquatic preserves are coastal

and fresh water sites that encompass approximately 2.2 million acres of sovereign submerged

lands.

CAMA is responsible for managing these protected coastal and aquatic areas to preserve wildlife

habitats and protect waterways, while also inviting residents and visitors to explore Florida’s

natural environment.

Siting Coordination Office (SCO)

SCO reviews applications for power plants, transmission lines, natural gas pipelines, as well as

coordinates certification of these facilities. Certification is an umbrella permit for all affected

state, regional and local agencies and includes any applicable regulatory activity. This is a life-of-

the-facility approval and authorizes construction, operation and maintenance.

The Siting Acts provide a centralized and coordinated permitting process for the state to meet its

need for electrical energy while also assuring Florida’s citizens that facility operation safeguards

are technically sufficient for their protection and welfare, and to achieve a reasonable balance

between the need for the facility and the environmental impact resulting from construction and

operation, including air and water quality, fish and wildlife, as well as other natural resources.

Florida Department of Agriculture and Consumer Services, Florida Forest Service (FFS)

FFS’s mission statement is “To protect Florida and its people from the dangers of wildland fire

and manage Florida’s forest resources through a stewardship ethic to ensure that these resources

are available for future generations.”

FFS manages 35 State Forests that encompass 1,069,043 acres of land, issues authorizations for

all prescribed burning activities in the state, and provides burning expertise to other agencies. In

addition, FFS implements management activities including silvicultural activities, road

maintenance, prescribed burning, reforestation, public recreation, and protection of listed flora and

fauna.

Board of Trustees


Page Twenty-seven

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Item 9, cont.

Florida Fish and Wildlife Conservation Commission (FWC)

FWC’s management statement is “To manage fish and wildlife resources for their long-term well-

being and the benefit of people.”

FWC manages 5,977,630 acres established as Wildlife Management Areas, Wildlife and

Environmental Areas, Public Waterfowl Areas, Public Use Areas, Fish Management Areas or

Public Small Game Hunting Areas. FWC has lead management responsibility for 54 managed

areas totaling 1,431,054 acres, and the balance of this land base (4,546,576 acres) is state, water

management district, federal and private lands in FWC’s management area system. FWC provides

natural resources management expertise, public use information, and law enforcement for all areas

within FWC’s management area system.

Conclusion

If the Board of Trustees accepts the proposed quarterly performance and annual reporting

measures, DEP will monitor its performance and provide a quarterly comprehensive evaluation of

its progress.


RECOMMEND ACCEPTANCE OF DEP’s PROPOSED QUARTERLY

PERFORMANCE ACCOUNTABILITY AND ANNUAL REPORTING

MEASURES

agenda board of trustees of the internal improvement trust fund october 27, 2015 ... · 2015. 10....

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